Vous êtes sur la page 1sur 8

Page 1

CRIMINAL PROCEDURE MIDTERMS - the accused has the right to be present at

REVIEWER any stage of the proceedings and to be
Prof. Ongkiko heard personally or by counsel.
Pamaran’s Book - Right to appeal is characteristic of this
By Paulyn Duman system (although the judgment of the trial
court does not require imprimatur of the
Criminal Procedure – Preliminary court of the last resort before it may attain
Considerations finality).
- Essence – there must be a moral certainty
Criminal Procedure defined: of guilt to defeat the consti presumption of
• is concerned with the procedural steps
through which a criminal case passes, 3. Mixed system: it contemplates two
commencing with the initial investigation of contending parties before the court, which
a crime and concluding with the hears them impartially and renders
unconditional release of the offender. judgment only after trial.
• it is the procedural administration of - the preliminary examiniation conducted by
criminal justice the judge before he issues the warrant of
• the method prescribed by law for the arrest is an aspect of the inquisitorial
apprehension and prosecution of persons system
accused of any criminal offense and for - the right to be present in any stage of the
their punishment in case of conviction. proceedings and defend himself in person,
to be exempt from being a witness against
Sources our criminal procedure: himself during the trial are the features of
the accusatorial system
• Rules of Court – January 1, 1964
• Revised by he Rules of Court Revision Jurisdiction defined:
Committee on November 22, 1984.
Juris and dico: I speak by the law
• Then it was amended on Oct. 1, 1988.
• Then on Oct. 3, 1000 in an en banc res it
• power or the capacity given by the law to a
was revised and it took effect on December
court or tribunal to entertain, hear and
1, 2000.
determine certain controversies. It is the
• Consti 1987 – Bill of Rights authority to hear and determine a cause.
• Various acts of the legislature – BP 129 • It is vested in the Court not in the judges.
• Presidential Decrees • The court has no jurisdiction to punish
• Executive Orders contemptuous conduct committed against
• Decisions of the Supreme Court another court.

Criminal law distinguished from criminal Distinguished from Venue:

• the particular country, or geographical area
• the former is substantive the latter is in which a court with jurisdiction may hear
procedural. Former declares what acts are and determine a case
punishable the latter declares how they are • Venue deals with the locality, the place
to punished. where the suit may be had, while
jurisdiction treats of the power of the court
Systems of Criminal Procedure: to decide the case on the merits.
• Venue is procedural, jurisdiction is
1. Inquisitorial System: wholly in the hands substantive.
of the prosecuting officer and the court and • Civil cases: venue can be waived or be the
it is characterized by secrecy. Presence subject of an agreement
before the magistrate is not a requirement. • Criminal cases: venue cannot be so waived
or stipulated upon because it is an element
2. Accusatorial System: requires all crimes to of jurisdiction.
be prosecured by a public prosecutor
EXCEPT the so-called private offenses
which must be commenced by a complaint
of the offended party.
Page 2
Where jurisdiction attaches: Criminal jurisdiction:

• it must be made to appear that the law has • power of the tribunal to hear and try a
given the tribunal capacity to entertain the particular offense and impose the
complaint against the person or thing punishment for it.
sought to be charged or affected • It has no power to try and convict or acquit
• that such complaint has actually been a person for a crime committed within its
preferred territory, unless a complaint or information
• and that such person or thing has been has been filed with said court.
properly brought before the tribunal to
answer the charge therein contained. Requisites of criminal jurisdiction:

Exercise of jurisdiction: 1. the offense is one which the court is by law

authorized to take cognizance of
• Jurisdiction should be distinguished from 2. the offense must have been committed
the exercise thereof. The authority to decide within its territorial jurisdiction
a case at all, and not the decision therein, 3. the person charged with the offense must
is what makes up jurisdiction. Where there have been brought to its presence for trial,
is jurisdiction over the person and subject forcibly by warrant of arrest or upon his
matter, the decision of all other questions voluntary submission to the court
arising in the case is but an exercise of that • The court may have jurisdiction over the
jurisdiction. subject matter, over the territory, and over
• Jurisdiction does not depend either on the the person of the accused.
irregularity of the exercise of such power or
on the correctness of the decision made, for Jurisdiction over the subject matter:
the power to decide wrongly as well as
rightly, subject to the qualification that a • subject matter: means the power to hear
court can render only such judgment as and determine cases of the general class to
does not transcend in extent or character which the proceedings in question belong
the law which is applicable to that class of and is conferred by the sovereign authority
cases. which organizes the court and defines its
• A court may: powers.
1. Act without power or jurisdiction  the act • It can be challenged at any stage of the
of judgment of the court is wholly void proceedings and for lack of it, a court can
2. having power or jurisdiction, may exercise dismiss a case ex mero motu (out of its own
it wrongfully  wrong and must be accord).
reversed upon error • The mere fact that after the trial and after
3. irregularly  irregular and must be the court has heard the evidence, it was
corrected by motion. found that the crime committed was lesser
than that described in the complaint, the
Jurisdiction conferred by law: court CANNOT dismiss the case because
the action should have been brought in a
lower court. In other words, the courts
• jurisdiction is conferred only by the
jurisdiction in the first instance is
Constitution or the law.
determined by the facts alleged in the
• The jurisdiction of the court is determined
complaint and not by the qualification of
by the law in force at the time of the the crime made in the title of the complaint,
institution of the action. or by the result of proof after trial.
Jurisdiction a matter of substantive law: Jurisdiction over the territory:
• creates, defines and regulates rights or • Venue in criminal cases is jurisdictional.
which regulates the rights and duties which
• As regards territorial jurisdiction, criminal
give rise to a cause of action is substantive
action shall be instituted and tried in the
law, while that which prescribes the
court of the municipality of province
methods of enforcing rights or obtains
wherein the offense was committed or
redress for their invasion is remedial or
where any of its essential ingredients took
Page 3
• The principle seeks to preclude harassment - while being public officers or employees,
of the defendant and to save him from the commit an offense in the exercise of their
inconvenience and expense of depending functions
himself somewhere else. - commit any of the crimes against national
Jurisdiction over the person of the accused: security and the law of nations
• all of these cases are triable in the
• Taking into custody by the court of the Philippine courts notwithstanding the fact
person of the accused in order that he may that it was committed outside of the Phil.
be bound to answer for the commission of b. In cases of piracy – hostes humani generic
the offense (Rule 113). c. Where an offense is committed on a railroad
train, in an aircraft, or any other public or
Jurisdiction over continuing crimes: private vehicle in the course of its trip-
where it passed during such trip, departure
• where any of the essential ingredients of the and arrival.
offense took place d. Where an offense is committed on board a
• For it to exist: there should be plurality of vessel in the course of its voyage—first port
acts performed separately during a period of entry or of any municipality or territory
of time; unity of the penal of criminal intent thru which the vessel passed during such
or purpose, which means that the two or voyage
more violations of the same personal e. In those cases where the SC, in the interest
provision are united in one and the same of truth and impartial justice, transfers the
intent leading to the perpetration of the place of trial from one place to another. 
same criminal purpose or aim. One of these incidental and inherent
• Based upon the ground that there is a new powers of the courts is that of transferring
commission of the same offense in the the trial of cases from one court to another
jurisdiction where he is found. of equal rank in a neighboring site,
• In such a case, the complaint should allege whenever the imperatives of securing a fair
that the offense was committed within the and impartial trial, or of preventing a
jurisdiction of the court and not at the miscarriage of justice so demand.  the
place where it was originally committed. power to transfer venue or palce of trial is
expressly granted by the 1987 Consit to the
Territorial jurisdiction, how determined: SC, ART. VIII, Sec 5 (4), which provides that
the Supreme Court has the power to order
• determined by the allegations in the a change of venue or place of trial to avoid a
information as to the situs of the crime and miscarriage of justice.
this determines, in the first instance, f. In case of written defamation: Libel under
whether said court has jurisdiction to try RA 4363:
the case. - criminal and civil actions for damages shall
• Thus, even if the court subsequently be filed simultaneously or separately with
the CFI of the province or city where the
dismisses the action upon proof that the
libelous article is printed and first
offense was committed outside its territory,
published or where any of the offended
all proceedings prior thereto are valid.
parties actually resides at the time of the
commission of the offense.
Exceptions to territorial principle:
- Where one of the offended parties is a
public officer whose office is in the City of
a. Where the offense was committed under the
exceptional circumstances provided for in Manila at the time of the commission of the
offense, the action shall be filed in the CFI
Art. 2 of the RPC.
- commit an offense while on a Philippine of the City of Manila or of the city or
province where the libelous article is
ship or airship
- forge or counterfeit any coin or currency printed and first published, and in such
case the public officer does not hold office
note of the Phil Islands or obligations and
securities issued by the govt in the City of Manila, the action shall be
filed in the CGI of the province or city where
- liable for acts connected with the
introduction into these islands of the he held office at the commission of the
offense or where the libelous article is
obligations and securities mentioned in the
preceding number printed and first published and
- in case one of the offended parties is a
private individual, the action shall be filed
Page 4
in the CFI of the province where he actually
resides at the time of the commission of the Definition and apportionment of jurisdiction,
offense of where the libelous matter is legislative function:
printed and first published.
- The civil action shall be filed in the same • extent of jurisdiction is ascertained
court where the crim action is filed and vice principally from two sources: a. conferred
versa. by express or implied provisions of a statue
- That the court where the criminal or civil b. Constitution
action for damages is first filed shall
acquire jurisdiction to the exclusion of Criminal Jurisdictions of courts:
other courts.
- Preliminary investigation of criminal actions a. Metropolitan Trial Courts, Municipal
for written defamations as provided in this Trial Courts, and Municipal Circuit Trial
chapter shall be conducted by the Courts
provincial or city fiscal of the province or - exclusive original jurisdiction over all
city, or by the municipal court of the city or violations of city or municipal ordinances
capital of the province where such actions committed within their respective territorial
may be instituted in accordance with the jurisdiction
provisions of this article. - exclusive original jurisdiction over all
offenses punishable with imprisonment of
Jurisdiction over the person of accused: not exceeding 6 years IRRESPECTIVE of the
amount of fine, and regardless of other
• is acquired either upon his: imposable accessory or other penalties,
1. apprehension with or without warrant including the civil liability arising from such
2. his voluntary submission to the jurisdiction offenses or predicated thereon, irrespective
of the court which may be effected by: of kind, nature, value or amount thereof.
- posting bail or - Offense involving damage to property
- by filing a motion to quash or through criminal negligence, they shall
- by appearing at the arraignment or have exclusive original jurisdiction thereof.
- entering trial • However, under RA 7691, fine no longer a
• the voluntary appearance of the accused, factor to determine jurisdiction because of
through counsel, at the pre-suspension the phrase that the lower court shall have
hearing held in connection with an anti- “exclusive original jurisdiction over all
graft charge, is considered to be submission offenses punishable with imprisonment not
to the jurisdiction of the court over his exceeding 6 years irrespective of the
person, even if no warrant has been issued amount of fine, regardless of all other
for his arrest. impossible accessory or other penalties”.
• Jurisdiction over the person of the accused • In seduction by the insertion of the
my be waived (as opposed to subject phrase “regardless of other impossible
matter). accessory or other penalties including the
• If he fails to make a seasonable objection civil liability arising from such offenses or
thereto, he is deemed to have waived it. predicated thereon, “ the offense of simple
• He must go to the court for that purpose seduction is now within the exclusive
only, if he raises other questions, he waives original jurisdiction or metropolitan trial
the objection. courts, municipal trial courts and
municipal circuit trial courts”.
Criminal jurisdiction, how determined: • “other impossible accessory or other
penalties in the present law, difficulties
• jurisdiction is determined by the fine and arising from the question of whether or not
imprisonment prescribed by law. the penalty for habitual delinquency should
• Once jurisdiction is acquired by the court be considered in the determination of
in which the information is filed, it is there jurisdiction, passed away into legal history.
retained, regardless of whether the evidence • Under PD 1606 amended by RA 8249:
proves a lesser offense than that charged in Metropolitan Trial Courts, Municipal Trial
the information or the subsequent Courts and Municipal Circuit Trial Courts
happening of events, although of a now have jurisdiction over cases involving
character which would have prevented government officials and employees where
jurisdiction from attaching in the first the imposable penalty is not more than 6
instance. years and the officers charged do not fall
Page 5
under the jurisdiction of the - Violation of RA 7610 – Special Protection of
Sandiganbayan, meaning those below Children Against Child Abuse, Exploitation
salary grade of “27 and not among those and Discrimination Act
enumerated in Section 4, PD 1606. - Cases of domestic violence
• No warrant of arrest shall be issued by the - Children – all forms of abuse, neglect,
Judge in connection with any criminal cruelty, exploitation, violence and
complaint filed with him for preliminary discrimantion.
investigation, unless an examination in
writing and under oath or affirmation of the d. Court of Appeals
complainant and his witnesses, he finds
that a probable cause exists. Any warrant • Exercises:
of arrest issued may be served anywhere in 1. original jurisdiction to issue writs of
the Phil. mandamus, prohibition, certiorari, habeas
corpus, and quo warranto, and auxiliary
b. Regional Trial Courts: All criminal cases writs or processes, whether or not in aid of
not within the exclusive original jurisdiction its appellate jurisdiction
of any court, tribunal or body. Penalty 2. exclusive original jurisdiction over the
higher than 6 years. annulment of judgments of Regional Trial
• Includes government officers and employees Courts
wherein the accused is not one of those 3. exclusive appellate jurisdiction over all final
falling under the jurisdiction of the judgments, decisions, resolutions, orders,
Sandiganbayan, meaning to say, that he is or awards of Regional Trial Courts and
below salary grade “27” and not among quasi-judicial agencies, instrumentalities,
those enumerated in Sec. 4, PD 1606 as boards, or commissions, EXCEPT those
amended. falling within the appellate jurisdiction of
• Criminal cases, concurrent original the SC in accordance with the Consti
jurisdiction over the subject matter may ( automatic review in capital punishment
now be said to exist only between the cases * but there is a case where the SC
Supreme Court and Regional Trial Court in gave power to IAC).
cases affecting ambassadors, public • The CA shall have the power to receive
ministers, and consuls. evidence and perform any and all acts
• In the matter of territorial jurisdiction, necessary to resolve factual issues raised in
concurrent jurisdiction between courts of a) cases falling within its original
equal rank may result in continuing crimes; jurisdiction such as actions for annulment
crimes committed on a railroad train, of judgments of regional trial court provided
aircraft or in any public or private vehicle in number 2 above b) cases falling within
while in the course of its trip, crimes its appellate jurisdiction wherein a motion
committed on board a vessel in the course for new trial based only on the ground of
of its voyage; other crimes committed newly covered evidence granted by it.
outside of the Phil but punishable therein
under Article 2 of the RPC and written e. Sandiganbayan
• On the appellate level, RTC exercise • the 1973 Constitution provided for, but did
appellate jurisdiction over all cases decided not create a special court, the SB, with
by MetroTC, MuniTC, and MCTC, in their jurisdiction over criminal and civil cases
respective territorial jurisdiction. involving graft and corrupt practices and
such other offenses committed by public
c. Family Courts: exclusive original officers and employees, including those in
jurisdictions to hear and decide the GOCC in relation to their office as may be
following cases: determined by law.
• Exclusive jurisdiction over:
- Criminal cases where one or more of the - Violation of RA 3019 (Anti-Graft and
accused is below 18 but not less than 9 OR Corrupt Practices Act, RA 1379 and
when one or more of the victims is a minor Chapter II, Section 2, Title VII, Book II of
at the time of the commission of the the RPC, where one or more of the accused
offense. are officials occupying the ff position in the
- Cases against minors cognizable under the govt whether permanent, acting or interim
Dangerous Drugs Act capacity at the time of the commission of
the offense:
Page 6
1. Officials of the executive branch, grade 27 OTHERWISE, separate civil action shall be
or higher (see list on page 29) deemed abandoned.
2. Members of the Congress
3. Members of the judiciary When offense considered committed in relation
4. Chairmen and members of the to office:
Constitutional Commission
5. All other national and local officials • offense was committed in relation to the
classified as salary grade 27 and higher office must be alleged in the information
• taking advantage of their respective position
- Other offenses or felonies whether simple or vs. offenses committed in relation to the
complexed with other crimes committed by office – it must be the latter and not the
the public officials and employees in former bec if the former is considered, it
relation to their office shall only be an aggravating circumstance
- Civil and criminal cases filed pursuant to and not as one that qualifies the crime.
and in connection with EO No. 1, 2, 14, and
14-A (law which created the PCGG). What a public office is:
• When not mentioned, the jurisdiction is in
the RTC, METTC, MUNTC, MCTC as • Public office: one created by law to
provided by BP 129. discharge a sovereign function and the
• The SB shall exercise exclusive appellate salarty is a mere incident and forms no part
jurisdiction over final judgments, of it. If there is no salary or fee annexed, it
resolutions or orders or regional trial courts is a naked of honorary office as opposed to
whether in the exercise of their own original a lucrative office or an office or profit.
jurisdiction or of their appellate jurisdiction
as herein provided. f. Supreme Court
• The SB shall exercise exclusive orig
jurisdiction over petitions for the issuance • Sec. 5, Article VIII of the 1987 Constitution
of the writs of mandamus, prohibition, • Sec 17 of the Judiciary Act of 1948
certiorari, habeas corpus, injunction and
other ancillary writs and processes in aid of g. Katarungang Pambarangay
its appellate jurisdiction and over petitions of
similar nature, including quo warranto, • Under the LGC of 1991, Lupong
arising or that may arise in cases field Tagapamayapa shall be composed of:
which may be filed under the PCGG. - Punong Barangay as Chairman and 10 to
• In case private individuals are charged as 20 members
co-principals, accomplices, or accessories
with the public officers or employees, they 1. Authority of the Lupon: parties actually
shall be tried jointly with said public residing in the same city or municipality for
officers and employees in the proper courts amicable settlement of ALL disputes.
which shall exercise exclusive jurisdiction EXCEPT:
over them. a. One party is the govt or any subdivision or
• The criminal action and the corresponding instrumentality thereof
civil action for the recovery of civil liability b. One party is a public officer or employee
shall at all times be simultaneously and the dispute relates to the performance
instituted with, and jointly determined in, of his official functions
the same proceeding by the SB or the c. Offenses punishable by imprisonment of 1
appropriate courts, the filing of the criminal year or a fine exceeding P5,000.
action being deemed to necessarily carry d. Offenses where there is no private offended
with it the filing of the civil action, and no party
right to reserve the filing of such civil action e. The dispute involves real properties located
separately from the criminal action shall be in different cities or municipalities unless
recognized. the parties thereto agree to submit their
• When the criminal case was filed at the SB, differences to amicable settlement by an
and the civil action was filed separately but appropriate Lupon.
has not reached judgment yet, it shall be f. Dispute involving parties who actually
transferred to the SB or the appropriate reside in barangays of different cities or
court fro the consolidation and joint municipalities, except where such barangay
determination with crim action, units adjoin each other and the parties
thereto agree to submit their differences to
Page 7
amicable settlement by an appropriate - actions are coupled with provisional
lupon remedies such as a) preliminary injunction
g. Such other classes of disputes which the b) attachment c) delivery of personal
President may determine in the interest of property, d) support pendente lite
justice or upon the recommendation of the e)**replevin
Secretary of Justice. - where actions may be barred by the statute
of limitations (sec. 412(b))
• Sc held that the law does not make
distinction whatsoever with respect to the 4. Confrontation or conciliation process
classes of civil disputes that should be not jurisdictional but only a condition
compromised at the barangay level precedent

2. Venue of Settlement • Conciliation process at the barangay level is

a condition precedent for the filing of action
a. Disputes bet persons actually residing in in those instances where said law applies,
the same barangay and that the failure to avail of the
b. Those involving actual residents of different conciliation process does not warrant
barangays within the same city or jurisdictional objections for it merely
municipality barangay where the renders the complaint vulnerable to a
respondent or any of the respondents timely motion to dismiss.
actually resides, at the election of the • Failure to observe the conciliation process
complainant is not jurisdictional.
c. Disputes involving real property or any • Non-compliance with that condition
interest therein shall be brought in the precedent could affect the sufficiency of
barangay where the real property or the plaintiffs cause of action and make his
larger portion thereof is situated complaint vulnerable to dismissal on the
d. Those arising at the workplace where the ground of lack of cause of action or
contending parties are employed or at the prematurity. The condition is analogous to
institution where such parties are enrolled the failure of the party to exhaust
for study shall be brought where such administrative remedies, or lack or earnest
workplace or institution is located. efforts to compromise suits between close
members of the family, lacking which the
• Objection to venue: shall be raised in the case can be dismissed.
mediation proceedings before the punong
barangay; otherwise, the same shall be
deemed waived.

3. Confrontation between the parties before

the Lupon a pre-condition before filing of
case; exceptions.
- if it’s within the jurisdiction of the Lupon, it
shall not be filed or instituted directly in
court or any other government office for
adjudication unless there has been a
confrontation between the parties before
the lupon chairman or the pangkat, and
that no conciliation or settlement has been
reached as certified by the lupon secretary
or pangkat secretary as attested to by the
lupon chairman or pangkat chairman or
unless settlement has been repudiated by
the parties thereto.
• Instances where the parties may go directly
to the court:
- accused is under detention
- person has been deprived of personal
liberty calling for habeas corpus
Page 8