PRELIMINARY CHAPTER What is criminal procedure?

Criminal procedure 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. What is criminal procedure concerned with? Criminal procedure is 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. What are the sources of criminal procedure? 1. Spanish Law of Criminal Procedure 2. General Order No. 58, dated April 23 1900 3. Amendatory acts passed by the Philippine Commission 4.The various quasi acts, the Philippine Bill of 1902, the Jones Law of 1916, the Tydings-McDuffie Law, and the Constitution of the Philippines 5. The Rule of Court of 1940, and the 1964, 1985, and 1988 Rules on Criminal Procedure 6. Various Republic Acts (RA 240, Judiciary Act, RA 8249 creating the Sandiganbayan, Speedy Trial Act) 7. Presidential Decrees 8.1987 Constitution, particularly Art. III Bill of Rights 9. Civil Code (Art. 32, 33, 34) 10. Certain judicial decisions 11. RA 8393 The Speedy Trial Act 12. Circulars 13. The Revised Rules on Criminal Procedure (Dec 1, 2000) What are the three systems of criminal procedure? 1. Inquisitorial the detection and prosecution of offenders are not left to the initiative of private parties but to the officialsand agents of the law. Resort is made to secret inquiry to discover the culprit, and violence and torture are often employedto extract confessions. The judge is not limited to the evidence brought before him but could proceed with his own inquirywhich 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. Thebattle in the form of a public trial is judged by a magistrate who renders a verdict. The essence of the accusatorialsystem is the right to be presumed innocent. To defeat this presumption, the prosecution must establish proof of guiltbeyond reasonable doubt (moral certainty).3.Mixed This is a combination of the inquisitorial and accusatorial systems. The examination of defendants and otherpersons 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 beforethe court, which hears them impartially and renders judgment only after trial. Distinguish between criminal law and criminal procedure. Criminal law is substantive; it defines crimes, treats of their nature, and provides for their punishment. Criminal procedure, on theother hand, is remedial or procedural; it provides for the method by which a person accused of a crime is arrested, tried andpunished. Criminal law declares what acts are punishable, while criminal procedure provides how the act is to be punished. How are the rules of criminal procedure construed? The rules of criminal procedure shall be liberally construed in favor of the accused and strictly against the state to even the odds infavor of the accused against whom the entire machinery of the state is mobilized. What is 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. Distinguish jurisdiction from venue. Venue is defined as the particular country or geographical area in which a court with jurisdiction may hear and determine a case. Itmeans the place of trial. On the other hand, jurisdiction is the power of the court to decide the case on the merits. Venue is thusprocedural, while jurisdiction is substantive. In civil cases, venue may be waived or stipulated by the parties. On the other hand, jurisdiction is granted by law or the Constitution and cannot be waived or stipulated. What is criminal jurisdiction? 1