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CRIMINAL PROCEDURE REVIEWER Criminal Procedure treats of the series of processes by which the criminal laws are enforced

d and by which the State prosecutes persons who violate the penal laws. Its ultimate goal is harmonizing the governmental functions of maintaining and promoting law and order while at the same time protecting the constitutional rights of the accused. The system of procedure in our jurisdiction is accusatorial or adversarial (as compared to inquisitorial) which contemplates two contending parties before the court which hears them impartially and renders judgment only after trial In its decision making process, that court shall consider no evidence which has not been formally offered. The court in this system has a passive role and relies largely on the evidence presented by both sides to the action in order to reach a verdict. The rules on criminal procedure shall be construed liberally in order to promote their objective of securing a just, speedy, and inexpensive disposition of every action and proceeding. It must be viewed as tools to facilitate the attainment of justice such that any rigid and strict application thereof which results in technicalities tending to frustrate substantial justice must always be avoided. Due process is mandatory law which hears before it condemns

A. Requisites For the Exercise of Criminal Jurisdiction a. Jurisdiction over the Subject Matter b. Jurisdiction over the territory c. Jurisdiction over the person of the accused - Jurisdiction over the subject matter refers to the authority of the court to hear and determine a particular criminal case - Jurisdiction over the person of the accused means that the person charged must have been brought in to its forum for trial, forcibly by warrant of arrest or upon his voluntary submission to the court - Jurisdiction over the territory requires that the offense must have been committed within the courts territorial jurisdiction. - In all criminal prosecutions, the action shall be instituted and tried in the court of the municipality of territory wherein the offense was committed or where anyone of the essential elements took place. - It would cause the accused great inconvenience in looking for his witnesses and other evidence in another place - If evidence during the trial shows that the offense was committed somewhere else, the court should dismiss the action for want of jurisdiction. - Exceptions to Jurisdiction over the territory 1. Article 2 of RPC a. Should commit an offense while on a Philippine ship or airship b. Should forge or counterfeit any coin or currency not of the Philippine Islands or obligations and securities issued by the government c. Should be liable for acts connected with the introduction into these Islands of the obligations and securities abovementioned d. While being public officers and employees, should commit and offense in the exercise of their functions e. Should commit any of the crimes against national security and the law of nations - Treason, conspiracy and proposal to commit treason,

REQUIREMENTS OF DUE PROCESS 1. That the court or tribunal trying the case is properly clothed with judicial power to hear and determine the matter before it 2. That jurisdiction is lawfully acquired by it over the person of the accused 3. That the accused is given an opportunity to be heard 4. That judgment is rendered upon lawful hearing

misprision of treason, espionage, inciting to war and giving motives for reprisals, violation of neutrality, correspondence with hostile country AND piracy, mutiny and qualified piracy. 2. Where the SC pursuant to its constitutional powers, orders a change of venue or place of trial to avoid miscarriage of justice 3. Where an offense is committed in a train, aircraft, or other public or private vehicle in the course of its trip, the criminal action need not be instituted in the actual place where the offense was committed. It may be instituted and tried in the court of any municipality or territory where said train, aircraft, or vehicle passed during its trip.