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1.

DEFINITION OF CRIMINAL PROCEDURE


- It is the method prescribed by law for the apprehension and prosecution of persons accused of any criminal
offense, and for their punishment, in case of conviction (Herrera, Vol. IV, p. 1, 2007 ed.)
- concerned with the procedural steps through which the criminal case passes, commencing with the initial
investigation of a crime and concluding with the unconditional release of the offender. It is a generic term used
to describe the network of laws and rules which govern the procedural administration of criminal justice.

2. 3 SYSTEMS IN CRIMINAL PROCEDURE


- 1. Inquisitorial – the detection and prosecution of offenders are not left to the initiative of private parties but to
the officials and agents of the law. Resort is made to secret inquiry to discover the culprit, and violence and
torture are often employed to extract confessions. The judge is not limited to the evidence brought before him
but could proceed with his own inquiry which was not confrontative.

2. Accusatorial – The accusation is exercised by every citizen or by a member of the group to which the
injured party belongs. As the action is a combat between the parties, the supposed offender has the right to be
confronted by his accuser. The battle in the form of a public trial is judged by a magistrate who renders a
verdict. The essence of the accusatorial system is the right to be presumed innocent. To defeat this
presumption, the prosecution must establish proof of guilt beyond reasonable doubt (moral certainty).

3. Mixed – This is a combination of the inquisitorial and accusatorial systems. The examination of defendants
and other persons before the filing of the complaint or information is inquisitorial.

The judicial set-up in the Philippines is accusatorial or adversary in nature. It contemplates two
contending parties before the court, which hears them impartially and renders judgment only after trial.

3. DISTINGUISH:
 CRIMINAL PROCEDURE VS. CRIMINAL LAW
- Criminal law is substantive; it defines crimes, treats of their nature, and provides for their
punishment. Criminal procedure, on the other hand, is remedial or procedural; it provides for
the method by which a person accused of a crime is arrested, tried and punished. Criminal
law declares what acts are punishable, while criminal procedure provides how the act is to be
punished.

 CRIMINAL PROCEDURE VS. SUBSTANTIVE LAW


- Substantive law is that part of the law which creates, defines and regulates rights, or which
regulates the rights and duties which give rise to a cause of action; that part of the law which
courts are established to administer; as opposed to adjective or remedial law, which
prescribes the method of enforcing rights or obtains redress for their invasion.

 CRIMINAL PROCEDURE VS. CIVIL PROCEDURE


- Civil procedure dictates that a civil case must begin with filing a complaint. The
complaint is served to the offending party who then drafts and files an answer with the court.
Anyone can be a party to a civil case including people, businesses, and government entities.
When parties go before the court in a civil case, it is to determine whether a person was
injured and how much they should be compensated for that injury. All of this information is
specifically drafted into the documents.
Civil cases still have some Constitutional protection in place. For instance, the parties
to a case must file and receive consent of the court in order to start the discovery process.
During discovery, the parties are free to investigate each other’s property and information in
order to gain access to necessary evidence for their case. If the parties search an area that was
not covered by the discovery documents, that piece of evidence will not be considered in
court.
The key idea to abstract from civil procedure is efficiency. The rules of civil
procedure are designed to make the process efficient and smooth and prevent long trials
where they are not needed. This is possible because the only thing at stake for the defendant is
money.
- Criminal procedure is designed to safeguard the Constitutional rights of people being
investigated, accused, and tried of crimes. A criminal investigation begins with a crime
happening. The police determine suspects and start questioning people. In order to question
anyone or go into anyone’s home, the police must obtain a warrant from a judge. If a warrant
is not pursued, then the evidence and anything else that was found as the result of that piece
of evidence are all thrown out.
During a criminal trial, the state or federal government is accusing a person or people
of the crime. If the accused person cannot afford an attorney, criminal procedure requires that
one is given to them through the public defender’s office. Anyone who is accused and
questioned is always reminded of their Constitutional rights, including the right to meet with
their attorney and the right to remain silent when questioned. Even after a criminal case is
over and the accused person sentenced, they are permitted to appeal their case as high as
necessary if there is a mistake.
The key ideal to abstract from criminal procedure is Constitutional protection. The
rules of criminal procedure are designed to protect an accused person’s Constitutional rights
and prevent the government from wrongfully or unfairly accusing and prosecuting someone
of a crime. The reason for these additional safeguards is that someone’s freedom and
reputation are at stake in a criminal trial.

4. RULES OF STATUTORY CONSTRUCTION/ LEGAL INTERPRETATION OF THE RULES IN CRIMINAL


PROCEDURE
- The rules of criminal procedure shall be liberally construed in favor of the accused and strictly against the
state to even the odds in favor of the accused against whom the entire machinery of the state is mobilized.

5. JURISDICTION
- Jurisdiction (in general) is the power or authority given by the law to a court or tribunal to hear and determine
certain controversies. It is the power of courts to hear and determine a controversy involving rights which are
demandable and enforceable.
 HIERARCHY OF COURTS
- Hierarchy: DOJ ------ SEC of Justice ------- PROSECUTORS
Criminal action in MTC or MCTC – prosecuted under the public prosecutor
If public prosecutor is absent or not available, may be prosecuted by:
1. Offended party
2. Any peace officer
3. Public officer charged with the enforcement of the law violated
 OFFENSES OF DIFFERENT COURTS

6. RA 7691 (Judiciary Reorganization Act of 1980)

Republic Act No. 7691 March 25, 1994

AN ACT EXPANDING THE JURISDICTION OF THE METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL
COURTS, AND MUNICIPAL CIRCUIT TRIAL COURTS, AMENDING FOR THE PURPOSE BATAS
PAMBANSA, BLG. 129, OTHERWISE KNOWN AS THE "JUDICIARY REORGANIZATION ACT OF 1980"

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::

Section 1. Section 19 of Batas Pambansa Blg. 129, otherwise known as the "Judiciary Reorganization Act of 1980", is
hereby amended to read as follows:

"Sec. 19. Jurisdiction in civil cases. – Regional Trial Courts shall exercise exclusive original jurisdiction.

"(1) In all civil actions in which the subject of the litigation is incapable of pecuniary estimation;

"(2) In all civil actions which involve the title to, or possession of, real property, or any interest therein, where the
assessed value of the property involved exceeds Twenty thousand pesos (P20,000,00) or, for civil actions in Metro
Manila, where such value exceeds Fifty thousand pesos (P50,000.00) except actions for forcible entry into and
unlawful detainer of lands or buildings, original jurisdiction over which is conferred upon the Metropolitan Trial
Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts;

"(3) In all actions in admiralty and maritime jurisdiction where the demand or claim exceeds One hundred thousand
pesos (P100,000.00) or, in Metro Manila, where such demand or claim exceeds Two hundred thousand pesos
(P200,000.00);

"(4) In all matters of probate, both testate and intestate, where the gross value of the estate exceeds One hundred
thousand pesos (P100,000.00) or, in probate matters in Metro Manila, where such gross value exceeds Two Hundred
thousand pesos (P200,000.00);

"(5) In all actions involving the contract of marriage and marital relations;

"(6) In all cases not within the exclusive jurisdiction of any court, tribunal, person or body exercising jurisdiction of
any court, tribunal, person or body exercising judicial or quasi-judicial functions;

"(7) In all civil actions and special proceedings falling within the exclusive original jurisdiction of a Juvenile and
Domestic Relations Court and of the Court of Agrarian Relations as now provided by law; and

"(8) In all other cases in which the demand, exclusive of interest, damages of whatever kind, attorney's fees,
litigation expenses, and costs or the value of the property in controversy exceeds One hundred thousand pesos
(P100,000.00) or, in such other cases in Metro Manila, where the demand exclusive of the abovementioned items
exceeds Two Hundred thousand pesos (P200,000.00)."

Section 2. Section 32 of the same law is hereby amended to read as follows:

"Sec. 32. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts
in Criminal Cases. – Except in cases falling within the exclusive original jurisdiction of Regional Trial Courts and of
the Sandiganbayan, the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts shall
exercise:

"(1) Exclusive original jurisdiction over all violations of city or municipal ordinances committed within their
respective territorial jurisdiction; and

"(2) Exclusive original jurisdiction over all offenses punishable with imprisonment not exceeding six (6) years
irrespective of the amount of fine, and regardless of other imposable accessory or other penalties, including the civil
liability arising from such offenses or predicated thereon, irrespective of kind, nature, value or amount thereof:
Provided, however, That in offenses involving damage to property through criminal negligence, they shall have
exclusive original jurisdiction thereof."

Section 3. Section 33 of the same law is hereby amended to read as follows:

"Sec. 33. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts
in Civil Cases. – Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts shall exercise:

"(1) Exclusive original jurisdiction over civil actions and probate proceedings, testate and intestate, including the
grant of provisional remedies in proper cases, where the value of the personal property, estate, or amount of the demand
does not exceed One hundred thousand pesos (P100,000.00) or, in Metro Manila where such personal property, estate,
or amount of the demand does not exceed Two hundred thousand pesos (P200,000.00), exclusive of interest, damages
of whatever kind, attorney's fees, litigation expenses, and costs, the amount of which must be specifically alleged:
Provided, That interest, damages of whatever kind, attorney's fees, litigation expenses, and costs shall be included in
the determination of the filing fees: Provided, further, That where there are several claims or causes of actions between
the same or different parties, embodied in the same complaint, the amount of the demand shall be the totality of the
claims in all the causes of action, irrespective of whether the causes of action arose out of the same or different
transactions;

"(2) Exclusive original jurisdiction over cases of forcible entry and unlawful detainer: Provided, That when, in such
cases, the defendant raises the questions of ownership in his pleadings and the question of possession cannot be
resolved without deciding the issue of ownership, the issue of ownership shall be resolved only to determine the issue
of possession; and

"(3) Exclusive original jurisdiction in all civil actions which involve title to, or possession of, real property, or any
interest therein where the assessed value of the property or interest therein does not exceed Twenty thousand pesos
(P20,000.00) or, in civil actions in Metro Manila, where such assessed value does not exceed Fifty thousand pesos
(P50,000.00) exclusive of interest, damages of whatever kind, attorney's fees, litigation expenses and costs: Provided,
That in cases of land not declared for taxation purposes, the value of such property shall be determined by the assessed
value of the adjacent lots."

Section 4. Section 34 of the same law is hereby amended to read as follows:

"Sec. 34. Delegated Jurisdiction in Cadastral and Land Registration Cases. – Metropolitan Trial Courts,
Municipal Trial Courts, and Municipal Circuit Trial Courts may be assigned by the Supreme Court to hear and
determine cadastral or land registration cases covering lots where there is no controversy or opposition, or contested
lots where the value of which does not exceed One hundred thousand pesos (P100,000.00), such value to be ascertained
by the affidavit of the claimant or by agreement of the respective claimants if there are more than one, or from the
corresponding tax declaration of the real property. Their decisions in these cases shall be appealable in the same
manner as decisions of the Regional Trial Courts."

Section 5. After five (5) years from the effectivity of this Act, the jurisdictional amounts mentioned in Sec. 19(3), (4),
and (8); and Sec. 33(1) of Batas Pambansa Blg. 129 as amended by this Act, shall be adjusted to Two hundred thousand
pesos (P200,000.00). Five (5) years thereafter, such jurisdictional amounts shall be adjusted further to Three hundred
thousand pesos (P300,000.00): Provided, however, That in the case of Metro Manila, the abovementioned jurisdictional
amounts shall be adjusted after five (5) years from the effectivity of this Act to Four hundred thousand pesos
(P400,000.00).

Section 6. All laws, decrees, and orders inconsistent with the provisions of this Act shall be considered amended or
modified accordingly.

Section 7. The provisions of this Act shall apply to all civil cases that have not yet reached the pre-trial stage. However,
by agreement of all the parties, civil cases cognizable by municipal and metropolitan courts by the provisions of this
Act may be transferred from the Regional Trial Courts to the latter. The executive judge of the appropriate Regional
Trial Courts shall define the administrative procedure of transferring the cases affected by the redefinition of
jurisdiction to the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts.

Section 8. This Act shall take effect fifteen (15) days following its publication in the Official Gazette or in two (2)
national newspapers of general circulation.

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