CRIMINAL PROCEDURE

Lambda Epsilon Xi DVOREF College of Law

CRIMINAL PROCEDURE
CRIMINAL PROCEDURE is a method fixed by law for the
apprehension and prose!tion of a person who is s!pposed to
ha"e ommitted a rime and for his p!nishment if on"ited#
CRIMINAL LA$ % branh of the law whih delares what
ats are rimes& and presribes the p!nishment for ommittin'
them#
()REE *+*(EM* O, CRIMINAL PROCEDURE-
a# ACCU*A(ORIAL *+*(EM % the main feat!re of the
system was the ri'ht of e"ery iti.en to form!late har'es& the
ri'ht of the s!pposed offender to be onfronted by his a!ser
and the ri'ht to p!bli trial#
b# IN/UI*I(ORIAL *+*(EM % method wherein the
detetion and prose!tion of the offender is left to the initiati"e
of the offiials and a'ents of the law#
# MI0ED *+*(EM % ombination of the first two systems#
(he pre"ailin' system in o!r 1!risdition#
MA2OR *(EP IN PROCE**IN3 O, A CRIMINAL CA*E-
4# Report of the Crime
5# Pre%arrest in"esti'ation
6# Arrest
7# 8oo9in'
:# Post Arrest in"esti'ation
;# Preliminary in"esti'ation
<# Arrai'nment and Plea
=# Pre (rial
># (rial
4?# 2!d'ment
44# Appeal
CRIMINAL PROCEDURE
Lambda Epsilon Xi DVOREF College of Law
()E PAR(IE* MA+ 3O DIREC(L+ (O COUR( IN ()E
,OLLO$IN3 IN*(ANCE*@
a# $here the a!sed is !nder detention@
b# $here a person has otherwise been depri"ed of personal
liberty allin' for habeas orp!s proeedin'@
# $here the ations are o!pled with pro"isional remedies
s!h as preliminary& in1!ntion& attahment& deli"ery of
personal property& and s!pport pendente lite@ and
d# $here the ation may otherwise be barred by the *tat!te
of Limitations#
O,,ICER* AU()ORIAED (O CONDUC( PRELIMINAR+
INBE*(I3A(ION
a# Pro"inial and City prose!tors and their assistants@
b# 2!d'es of the M(C and MC(C
# National and Re'ional *tate Prose!tors
d# *!h other offiers as may be a!thori.ed by law& s!h as
the le'al offiers of the COMELE*& PC33 and the
(anodbayan
PER*ON* $)O CAN ,ILE A COMPLAIN(
a# Offended party
b# Any peae offier
# Other p!bli offier har'ed with enforement of the law
"iolated
d# Chief of Polie in the M!niipality
e# C!stoms a!thority
f# ,orestry offiials
'# Internal Re"en!e Offiers
h# Offiials of 8!rea! of Posts
PRELIMINAR+ MA((ER* (O CNO$ IN ,ILIN3
COMPLAIN(
a# Ben!e the plae where the ation is to be tried
CRIMINAL PROCEDURE
Lambda Epsilon Xi DVOREF College of Law
pro"ides remedy for the enforement for ri'hts
and obli'ations
it establishes a relation between plaintiff and
defendant
s!b1et to stip!lation by the parties and wai"able
b# 2!risdition (he a!thority of the Co!rt to hear and
deide a ase#
It reates s!bstanti"e ri'hts
Established a relation between o!rt and the
*!b1et matter of liti'ation
Not s!b1et of stip!lation& onferred and fixed by
Law not wai"able
# Parties in"ol"ed DomplainantEplaintiff F
respondentEdefendantG
e# Ca!se of Ation it may har'e only one offense& howe"er&
It may har'e "ario!s offenses when the existin'
Laws presribe a sin'le p!nishment for them#
(his exeption refers to a omplex rimeDR!le
44?&*e# 45G CAU*E O, AC(ION means a
delit or wron' ommitted by defendant in
"iolation of laws or plaintiffHs ri'hts and whih
a!ses the latter dama'es#
ELEMEN(* O, CAU*E O, AC(ION
a# le'al ri'hts of plaintiff
b# at or omission in "iolation of law
# orrelati"e obli'ation of defendant
REMEDIE* O, ()E O,,ENDED PAR(+ OR
COMPLAINAN( *)OULD ()E PRO*ECU(IN3 O,,ICER
RE,U*E OR ,AIL (O ,ILE AN IN,ORMA(ION OR (O
PRO*ECU(E ()E CRIMINAL AC(ION#
a# (a9e the matter with the *eretary of 2!stie
b# Ci"il ation !nder Artile 6: of the New Ci"il Code
# ,ile riminal and administrati"e har'es with the proper
a!thorities
CRIMINAL PROCEDURE
Lambda Epsilon Xi DVOREF College of Law
d# Ci"il ation for dama'es !nder Artile 5< & NCC
O,,EN*E* PRO*ECU(ED ONL+ 8+ ()E O,,ENDED
PAR(+
a# ad!ltery and on!bina'e
b# sed!tion& abd!tion& and ats of lasi"io!sness
# defamation whih onsists in the imp!tation of an offense
mentioned abo"e#
RE/UIREMEN(* O, A COMPLAIN( OR IN,ORMA(ION
a# name of the a!sed
b# when an offense is ommitted by more than one person& all
of them shall be inl!ded in the omplaint or information
# the desi'nation of the offense by the stat!te
d# the ats or omissions omplained of as onstit!tin' the
offense
e# the name of the offended party
f# the approximate time of the ommission of the offense
'# the plae wherein the offense was ommitted
(he IN,ORMA(ION OR COMPLAIN( m!st state or
DE*I3NA(E the followin'@
a# the desi'nation 'i"en to the offense by the stat!te
b# the statement of the ats or omissions onstit!tin' the same#
If there is s!h desi'nation& referene sho!ld be made to the
setion or s!bsetion of stat!te p!nishin' it#
COMPLAIN( OR IN,ORMA(ION A3AIN*( A
CORPORA(ION MA+ *(A(E ()E ,OLLO$IN3-
a# the name of the orporation or 1!ridial person
b# any name or desi'nation by whih it is identified& witho!t
a"errin' that it is or'ani.ed aordane with law
CRIMINAL PROCEDURE
Lambda Epsilon Xi DVOREF College of Law
$)A( MA((ER* MU*( 8E ALLE3ED IN ()E
COMPLAIN(EIN,ORMA(ION
a# Elements of the offense
b# Criminal intent
# Parti!lar Intent
d# Parti!lar Cnowled'e
e# /!alifyin' and Inherent element of the offense
f# Desription of Personal Property
'# Bal!e of the Property
h# Ownership of the Property
IN*(ANCE* $)EREIN +OU CAN DE(ERMINE ()E
2URI*DIC(ION O, ()E COUR(
A# (he alle'ations of the omplaintEinformation
8# (he law at the time of the filin' of the
omplaintEinformation
C# (he penalty pro"ided by law & re'ardless of other impossible
aessory or other penalties and i"il liability arisin' from
the offense
D# (he totality of the demand in 1oinder of laims or a!se of
ation by one party or se"eral parties#
IN*(ANCE* $)EN CIBIL LIA8ILI(+ ARI*IN3 ,ROM
CRIME NO( CONCURREN(L+ DE(ERMINED IN ()E
CRIMINAL AC(ION
a# when the offended party wai"es the i"il ation
b# when the offended party reser"es his ri'ht to instit!te a
separate i"il ation
# when the offended party instit!tes a i"il ation prior to the
riminal ation
CRIMINAL AC(ION (ACE* preedene o"er the i"il and
the i"il ase is s!spended in whate"er sta'e it may be fo!nd to
await the res!lt of the riminal ase# Exeptions-
CRIMINAL PROCEDURE
Lambda Epsilon Xi DVOREF College of Law
a# (he instit!tion of an independent i"il ation a'ainst the
offender !nder Artiles 65& 66& 67& and 54<; New Ci"il
Code# In whih ase& s!h i"il ation shall proeed
independently of the riminal ation and shall only
reI!ire a preponderane of e"idene
b# In ases where the i"il ations presents a pre 1!diial
I!estion
# In ases where the i"il ation is onsolidated with the
riminal ation
d# $here the i"il ation is not one intended to enfore the
i"il liability arisin' from the offense
PRE 2UDICIAL /UE*(ION that whih arises in a ase the
resol!tion of whih is a lo'ial anteedent of the iss!e in"ol"ed
therein& and the o'ni.ane of whih pertains to another
trib!nal#
ELEMEN(* O, PRE2UDICIAL /UE*(ION
a# (he i"il ation in"ol"es an iss!e similar or intimately
related to the iss!e raised in the riminal ation#
b# (he resol!tion of s!h iss!e determines whether or not the
riminal ation may proeed#
PRELIMINAR+ INBE*(I3A(ION it is inI!iry or
proeedin' to determine whether there exists s!ffiient 'ro!nd
to en'ender a well%fo!nded belief that a rime o'ni.able by
the R(C has been ommitted and that the respondent is
probably '!ilty thereof& and sho!ld be held for trial#
PROCEDURE IN ()E CONDUC( O, PRELIMINAR+
INBE*(I3A(ION
,IR*( the omplaint shall state the 9nown address of the
respondent and aompanied by aG affida"its of the
omplainant and his witnesses& and bG other s!pportin'
CRIMINAL PROCEDURE
Lambda Epsilon Xi DVOREF College of Law
do!ments in s!h n!mber of opies as there are respondents
pl!s two opies for offiial file#
*ECOND& the affida"its shall be sworn to before any 4G Any
fisal& state prose!tor or 'o"ernment offiial a!thori.ed to
administer oath or in there absene or a"ailability@ 5G A notary
p!bli & who m!st ertify that has personally examined the
affiants
And that he is satisfied that they "ol!ntarily exe!ted and
!nderstood their affida"its#
()IRD& within 4? days after filin' of the omplaint& if the
in"esti'atin' offier shall dismiss if he finds no 'ro!nd to
ontin!e with inI!iry#
,OUR()& within 4? days after filin' the omplaint& if the
in"esti'atin' offier finds that there is s!ffiient 'ro!nd to
ontin!e with the inI!iry& he shall iss!e a s!bpoena to the
respondent attahin' thereto a opy of omplaint& affida"its
and other s!pportin' do!ments and 'rantin' him 4? days
from reeipt within whih to s!bmit o!nter%affida"its and
other s!pportin' do!ments# (he respondent shall ha"e the
ri'ht to examine all other e"idene s!bmitted by the
omplainant#
If the e"idene is "ol!mino!s& the omplainant may reI!ire
to speify those whih he intends to present a'ainst the
respondent& and these shall be made a"ailable for examination
or o!pyin' by the respondent at his expense#
,I,()& with in 4? days after reeipt of s!bpoena with the
omplainant with s!pportin' do!ments& the respondent shall
s!bmit his o!nter affida"its and that of his witnesses and
other s!pportin' do!mentEe"idene for his defense# (he
o!nter affida"it shall be s!bsribed and sworn to before any@
aG fisal& state prose!tor or 'o"ernment offiial a!thori.ed to
administer oath& or in their absene or !na"ailability& bG a
notary p!bli who m!st ertify that he has personally
examined and !nderstood their affida"its# Copies of the
CRIMINAL PROCEDURE
Lambda Epsilon Xi DVOREF College of Law
o!nter affida"its shall be f!rnished by him to the
omplainant#
*I0()& If the respondent annot s!bpoenaed& respondent does
not s!bmit o!nter affida"it within the 4? days period& the
in"esti'atin' offier shall resol"ed the omplaint based on the
e"idene presented by the omplainant#
*EBEN() the in"esti'atin' offier may set of there fats and
iss!es to propo!nd larifiatory I!estions to the parties or
their witnesses# D!rin' the hearin'& the parties shall be 'i"en
the opport!nity to be present b!t witho!t a ri'ht to examine or
ross%examine# If the parties so desire& they may s!bmit
I!estions to the in"esti'atin' offier who shall propo!nd them
to their parties or witnesses#
EI3)(& !pon the onl!sion of the preliminary in"esti'ation&
the in"esti'atin' offier shall resol"e the ase within 4? days
therefrom# On the basis of the e"idene& the in"esti'atin'
offier shall determine whether or not there is s!ffiient
'ro!nd to hold the respondent for trial#
INDEPENDEN( CIBIL AC(ION DNCCG
Artile 65 Biolations of ri'hts and liberties#
Artile 66 Dama'es in ase of defamation& fra!d and
physial in1!ries#
Artile 67 Polie fore ref!ses or fails to render aid or
protetion#
Artile 54<; /!asi%delit whoe"er by at or omission a!ses
dama'e to another& there bein' fa!lt or
ne'li'ene& is obli'ed to pay for dama'e done#
No pre%existin' ontrat!al relation#
DI*(INC(ION 8E($EEN PRELIMINAR+
E0AMINA(ION AND PRELIMINAR+ INBE*(I3A(ION
(he p!rpose of preliminary examination is to determine the
existene of probable for iss!ane of warrant of arrest# $hile
CRIMINAL PROCEDURE
Lambda Epsilon Xi DVOREF College of Law
Preliminary in"esti'ation determine the existin' of prima faie
ase to warrant the respondent for trial#
Preliminary Examination may ond!ted by the 1!d'e& while&
Preliminary in"esti'ation may ond!ted by any of followin'
offier@ 4#M!niipal 1!d'e & !nder the 1!risdition of 1!d'e@
5# Pro"inialEity Prose!tor or Assistant @ 6# *tate Prose!tor
and speial o!nsel who ha"e been dep!ti.ed by pro"inial
1!d'e@ 6# (he Omb!dsman and his dep!ty@ 7# PC33DIll
'otten wealthEprose!tionG@ :# COMELEC@ and ;# Lawyer of
8IR in ase of tax fra!d#
Preliminary examination is a 1!diial f!ntion while
Preliminary In"esti'ation is an exe!ti"e f!ntion#
PRO8A8LE CAU*E PRIMA ,ACIE EBIDENCE
JIt is pro"ided and fixed by J It is to be determined by an
law# Offier a!thori.ed by law
JIn"ol"es the exerise of JOne the I!ant!m reI!ired
disretion on the part of by law has been established
the p!bli offier in deter% the same s!ffies for the
minin' the existene of proof of a parti!lar fat
probable a!se !ntil ontradited and o"er%
ome by other e"idene#
ARRE*( the ta9in' of person into !stody in order that he
may be bo!nd to answer for the ommission of an offense#
$ARRAN(LE** ARRE*(
4# $hen& in his presene the person to be arrested has
ommitted& is at!ally ommittin' or is attemptin' to
ommit an offense@
5# $hen an offense has in fat 1!st been ommitted and he
has personal 9nowled'e of fats indiatin' that the
person to be arrested has ommitted it@ and
6# $hen the person to be arrested is a prisoner who has
esaped from the penal establishment or a plae where he
CRIMINAL PROCEDURE
Lambda Epsilon Xi DVOREF College of Law
is ser"in' final 1!d'ment or temporary onfined while the
ase is pendin' or has esaped while bein' transferred
from one onfinement to another#
ME()OD O, ARRE*( 8+ O,,ICER 8+ BIR(UE O,
$ARRAN(
4# Inform the person to be arrested@
5# (he a!se of his arrest@ and
6# (he fat that warrant has been iss!ed#
E0CEP(ION-
4# If he flees or foribly resists
5# No opport!nity to inform him
6# 3i"in' information wo!ld imperil his arrest#
NO(E- In defa!ltEabsene of warrant at the time of arrest b!t
after arrest it reI!ires to shown to him as soon as pratiable&
the probability of his arrest#
$arrantless Arrest
*!spet was bro!'ht to polie station
(he a!sed may demand
PI pro"ided he wai"es the
Art# 45: RPC F the p!bli
Prose!tor m!st omplete
In 4? days
P!bli prose!tor InI!est is ond!ted
Immediately prepare by the p!bli prose!tor
And file information
Information filed in o!rt
$Ein : days from the 9nowled'e of the filin' of information
(he a!sed may demand preliminary in"esti'ation
CRIMINAL PROCEDURE
Lambda Epsilon Xi DVOREF College of Law
)O$ E 8+-
4# Motion for reonsideration
5# Motion for preliminary in"esti'ation filed in o!rt
NO(E- One the o!rt appro"es the motion& the proeedin' is
deferred pendin' ompletion of PI in the p!bli prose!tor
REMEDIE* O, A PER*ON $)O )A* 8EEN ARRE*(ED
ON ()E 8A*I* O, INBALID $ARRAN(
4# ,ile a petition for the iss!ane of a writ of habeas
5# Post bail& howe"er& if bail is posted& any irre'!larity in the
iss!anes of the order of arrest is wai"ed#
8AIL is the se!rity 'i"en for the release of a person in
!stody of the law f!rnished him of a bondsman& onditioned
!pon his appearane before any o!rt as reI!ired !nder the
onditions speified by r!les# It may be in the form of
orporate s!rety& property& ash deposit or reo'ni.ane#
CIND* OR ,ORM* O, 8OND*
a# Corporate s!rety bond is one iss!ed by professional
bondsman& that is& one who is habit!ally en'a'ed in the
b!siness of f!rnishin' bonds in i"il ations or for persons
arrested or detained for prose!tion#
b# Property bond is an !nderta9in' as a lien on the real
property 'i"en as se!rity for the amo!nt of bail
# Cash bail bond is a s!m of money& in the amo!nt
desi'nated in an order fixin' bail& posted by a dependant or by
another person in his behalf with a o!rt or other p!bli ofier
!pon the ondition that s!h money shall be forfeited if the
dependant does not omply with the direti"e of a o!rt
reI!irin' his attendane at the riminal ation or proeedin'
in"ol"ed and does not otherwise render himself amenable to
the orders and proesses of the o!rt#
d# Reo'ni.ane a ontrat between the s!reties and the
state for the prod!tion of the prinipal at the reI!ired time# It
CRIMINAL PROCEDURE
Lambda Epsilon Xi DVOREF College of Law
is an obli'ation of reord& entered into before the o!rts or
ma'istrates d!ly a!thori.ed to ta9e it& with the ondition to do
some parti!lar at& the most !s!al ondition in riminal ases
bein' the appearane of the a!sed#
Information is filed
Arrai'nment
Motion to allow a!sed to post bail
Kto ompel the prose!tion to present
e"idene#
Note- E"idene to be presented is
*!h de'ree of e"idene s!ffiient
(o pro"e the probability of '!ilt
KOnly the prose!tion presents
e"idene#
NO(E- (he e"idene presented is
A!tomatially adopted in the trial
On the merits of the ase#
8ail )earin'
(he Co!rt 'rant bail
Pre (rial
RI3)(* O, AN ACCU*ED
In all riminal prose!tions& the a!sed shall be entitled to-
a# (o be PRE*UMED INNOCEN( !ntil the ontrary is
pro"ed beyond reasonable do!bt@
b# (o be IN,ORMED of the NA(URE and CAU*E of the
a!sation a'ainst him@
CRIMINAL PROCEDURE
Lambda Epsilon Xi DVOREF College of Law
# (o be PRE*EN( and DE,END himself in person and by
o!nsel at e"ery sta'e of the proeedin's from
arrai'nment to the prom!l'ation of 1!d'ment@
d# (o (E*(I,+ in his behalf b!t s!b1et to ross
examination on matters o"ered by the diret
examination#
e# (o be E0EMP( from bein' ompelled to be a witness
a'ainst himself@
f# (o CON,RON( and CRO** E0AMINE the witness
a'ainst him at the trial#
'# (o ha"e COMPUL*OR+ PROCE** iss!ed to se!re the
attendane of witnesses and prod!tion of e"idene in his
behalf@
h# (o ha"e *PEED+& IMPAR(IAL and PU8LIC (RIAL@
and
i# (o ha"e the RI3)( O, APPEAL in all a!se and in the
manner presribed by law#
MO(ION ,OR 8ILL O, PAR(ICULAR* F At the time or
before the arrai'nment& the a!sed may mo"e for a bill of
parti!lars to enable the a!sed to properly plead and
prepare for trial#
Note- (his is similar to a motion for a bill of parti!lar exept
this motion an be made orally# (he motion m!st identify the
portions of the information whih are "a'!e#
At the time of arrai'nment& the a!sed may file a written
motion to ompel the prose!tion to prod!e and permit the
inspetion on opyin' of any written statements by the
omplainant andEor his witnesses as well as all pertinent
do!ments and papers in the possession of the prose!tion#
ARRAI3NMEN( is a sta'e in a riminal proeedin' where
the a!sed is informed of the har'ed or a!sation a'ainst
him& and is 'i"en the opport!nity to plead or obtain from him
his answer or plea to a!sation ontained in the information#
CRIMINAL PROCEDURE
Lambda Epsilon Xi DVOREF College of Law
PURPO*E-
a# to fix the identity of the a!sed
b# to inform him why he was indited
# to inform him of the har'e and the penalty he has to fae if
on"ited
d# to obtain from him& and enter& his answer or plea to the
a!sation har'ed in the information
3ROUND* ,OR *U*PENDIN3 ARRAI3NMEN(
4# IN*ANI(+
5# Existene of "alid PRE 2UDICIAL /UE*(ION
6# Petition for REBIE$ERELIE, $I() Dept of 2!stie
RE/UI*I(E* O, BALID PLEA-
4# (he a!sed "ol!ntarily entered his plea& witho!t
omp!lsion or s!''estion from the 1!d'e@
5# $ith f!ll 9nowled'e of the onseI!enes of his at@
6# $hih may either be one of '!ilty or not '!ilty@
7# Made in open o!rt@ and
:# Entered into the reord of the ase& b!t fail!re to enter
either plea& does not affet the "alidity of the proeedin's
thereafter ta9en#
MANDA(OR+ IN L PLEA O, 3UIL(+M
- (he trial Co!rt m!st as9 searhin' I!estions !pon a!sed
to determine the "ol!ntariness of plea of '!ilty and f!ll
omprehension of onseI!ene#
- Prose!tion m!st be reI!ire to add!e e"idene to
determine the preise rime of !lpability of the a!sed
- Co!rt sho!ld as9 the a!sed if he also want to present
e"idene sho!ld be desire so#
CRIMINAL PROCEDURE
Lambda Epsilon Xi DVOREF College of Law
MO(ION (O /UA*) % a speial pleadin' that an be filed
by the defendant before enterin' his plea& whih hypothetially
admits the tr!th of the fats spelled o!t in the omplaint or
information at the same time set !p a matter whih& if d!ly
pro"ed& wo!ld prel!de f!rther proeedin's# It is formerly
alled dem!rrer#
3ROUND*-
A# (he fats har'ed DO NO( CON*(I(U(E an offense@
8# (he Co!rt has NO 2URI*DIC(ION o"er the O,,EN*E
har'ed or the PER*ON of the ACCU*ED@
C# (he offier who filed IN,ORMA(ION had no a!thority to
do so@
D# (he omplaint or information does not onform
s!bstantially with the PRE*CRI8ED ,ORM@
E# More than ONE O,,EN*E har'ed@
,# (he riminal ation or liability has been E0(IN3UI*)ED@
3# (he omplaint or information ontains a"erments whih& if
tr!e& wo!ld onstit!te LE3AL 2U*(I,ICA(ION@
)# (he a!sed has been pre"io!sly on"ited or bein' in
1eopardy of bein' on"ited& or aI!itted of the offense
har'ed#DDOU8LE 2EOPARD+G ReI!isites-
a# (here m!st ha"e been a "alid omplaint or information@
b# ,iled before ompetent o!rt@
# (o whih has plead- and
d# A!sed was pre"io!sly aI!itted or on"ited or the ase
was dismissed as otherwise terminated witho!t his express
onsent
PRE (RIAL an informal trial whih preedes the re'!lar
trial of a ase primarily intended to expedite the proeedin'
whene"er the a!sed and his o!nsel a'ree whereby the
Co!rt shall then ond!t a pre trial onferene& witho!t
impairin' the ri'hts of the a!sed& on the followin' matters@
4# plea bar'ainin'
CRIMINAL PROCEDURE
Lambda Epsilon Xi DVOREF College of Law
5# stip!lation of fats@
6# mar9in' for identifiation of e"idene of the parties@
7# wai"er of ob1etions to admissibility of e"idene@ and
:# s!h other matters as will promote a fair and expeditio!s
trial#
(RIAL formal in"esti'ation of the matter in iss!e with
respet to an ation before a ompetent o!rt for the p!rpose
of determinin' s!h iss!e that in"ol"es the '!ilt or innoene of
the a!sed#
ORDER O, (RIAL-
a# Prose!tion shall present e"idene to pro"e the har'e and&
in the proper ase the i"il liability@
b# A!sed may present e"idene to pro"e its defense and
dama'es& if any& arisin' from the iss!ane of any pro"ision
al remedy in the ase@
# Parties may then respeti"ely present reb!ttin' e"idene
only !nless the o!rt& in f!rtherane of 1!stie& permits
them to present additional e"idene bearin' !pon the main
iss!e@
d# Upon admission of the e"idene& ase shall be deemed
s!bmitted for deision !nless the o!rt direts the parties to
ar'!e orally or to s!bmit memoranda@
e# )owe"er& when the a!sed himself admits the at or
omission har'ed in the omplaint or information b!t
interposes a lawf!l defense& the order of trial may be
modified aordin'ly#
2UD3EMEN( ad1!diation by the o!rt that the a!sed is
'!ilty or is not '!ilty of the offense har'ed& and the imposition
of the proper penalty and i"il liability pro"ided by law on the
a!sed#
2UD3MEN( O, CONBIC(ION MU*( CON(AIN-
CRIMINAL PROCEDURE
Lambda Epsilon Xi DVOREF College of Law
4# le'al I!alifiation of the offense onstit!ted by the ats
ommitted by the a!sed@
5# a''ra"atin' ir!mstanes attendin' the ommission
thereof& if any@
6# partiipation of the a!sed in the ommission of the
offense& whether as prinipal& aomplish or aessory
after the fat@
7# penalty imposed !pon the a!sed@
:# i"il liability or dama'es a!sed by the wron'f!l at to be
reo"ered from the a!sed by the offended party& if any&
!nless the enforement of the i"il liability by a separate
ation has been reser"ed or wai"ed#
3ROUND* ,OR 3RAN(IN3 O, MO(ION ,OR NE$
(RIAL
4# ERROR* of LA$ or IRRE3ULARI(IE* ha"e been
ommitted d!rin' the trial pre1!diial to the s!bstantial
ri'hts of the a!sed@
5# NE$ and MA(ERIAL EBIDENCE has been diso"ered
whih the a!sed o!ld not with reasonable dili'ene ha"e
diso"ered and prod!ed at the trial& and whih if
introd!ed and admitted& wo!ld probably han'e the
1!d'ment@
6# RE(RAC(ION of a witness or reantation@
7# ,ail!re on the part of the defendant to f!lly !nderstand the
IMPLICA(ION of his plea of '!ilty@ and
:# NE3LI3ENCE or inompetene of o!nsel as to depri"e
the party of his ri'ht to d!e proess of law#
DI*(INC(ION* NE$ (RIALERE%OPENIN3 O, ()E CA*E
New (rial % made at any time before 1!d'ment of on"ition
beomes final#
Reopenin' of the Case % made after the e"idene of both
parties are losed and the ase has been s!bmitted for
resol!tion#
CRIMINAL PROCEDURE
Lambda Epsilon Xi DVOREF College of Law
New (rial % to allow the introd!tion of newly diso"ered
e"idene to enable the o!rt to reonsider errors or
irre'!larities it may ha"e ommitted#
Reopenin' of the Case % to hear or reei"e f!rther proofs
from either party to enli'hten the o!rt so that proper
1!d'ment may be rendered#
New (rial % 'ranted only !pon petition of the mo"ant#
Reopenin' of the ase % 'ranted !pon petitioner with onsent
of parties are witho!t onsent of parties in the disretion of the
o!rt#
*EARC) $ARRAN( order in writin' iss!ed in the name of
the People of the Philippines& si'ned by a 1!d'e and direted to
a peae offier& ommandin' him to searh from personal
property desribed therein and brin' it before the o!rt# Balid
for 4?days from its date#
ELEMEN(* O, *EARC) $ARRAN(
a# order in writin'
b# si'ned by the 1!d'e in the name of the People of the
Philippines
# ommandin' a peae offier to searh personal property
d# brin' the property before the o!rt
CIND* O, PROPER(+ ()A( CAN 8E *EIAED UNDER A
*EARC) $ARRAN(-
4# s!b1et of the offense@
5# stolen or embe..led and other proeeds or fr!its of the
offense@ and
6# !sed or intended to be !sed as the means of ommittin' an
offense#
3ENERAL $ARRAN(* A proess whih a!thori.es the
searh and sei.!re of thin's in a 'eneral manner& witho!t
speifyin' or desribin' them parti!larly li9e the eI!ipment &
CRIMINAL PROCEDURE
Lambda Epsilon Xi DVOREF College of Law
paraphernalia& omm!niations& reords& p!bliations&
do!ments# Instr!ments& items s!pplies& and other e"idene in
onnetion with the "iolation of an offense#

*EARC) B* *EIAURE
(he term *EARC) as applied to searhes and sei.!re is an
examination of a manHs ho!se or other b!ildin's or premises or
of his ontraband or illiit or stolen property or some e"idene
of '!ilt to be !sed in the prose!tion of riminal ation for
some offense with whih he is har'ed#
A *EIAURE is the physial ta9in' of a thin' into !stody#
CA*E* $)ERE $ARRAN(LE** *EARC) AND *EIAURE
a# searh of mo"in' "ehile
b# onsented searh witho!t warrant
# sei.!re of e"idene in plain "iew
d# enforement of !stoms law& exept in dwellin' ho!se
e# searh based on probable a!se !nder extraordinary
ir!mstanes
RE/UI*I(E* O, BALID *EARC) $ARRAN(-
4# PRO8A8LE CAU*E s!h fats and ir!mstanes whih
wo!ld lead a reasonably disreet and pr!dent man to belie"e
that an offense has been ommitted and that the ob1ets so!'ht
in onnetion with the offense are in the plae so!'ht to be
searhed#D8!r'os "# Chief of *taff& 466 *CRA =??G#
6# whih m!st be determined personally by the 1!d'e himself
and not by the appliant or any other person#
7# (he 1!d'e m!st& before iss!in' the warrant& personally
examine in the form of searhin' I!estions and answers# In
writin' and !nder oath& the omplaint and any witness he
may prod!e on fats personally 9nown to them#
:# (he probable a!se m!st be in onnetion with one speifi
offense
CRIMINAL PROCEDURE
Lambda Epsilon Xi DVOREF College of Law
;# (he warrant iss!ed m!st parti!larly desribed the plae to
be searhed and the persons or thin's to be sei.ed
<# the sworn to'ether with the affida"its s!bmitted by
witnesses m!st be attahed to the reords#
DU(+ O, O,,ICER after sei.in' the property !nder searh
warrant
A detailed reeipt for the property sei.ed m!st be 'i"en by the
offier to the lawf!l o!pant of the premises in whose
presene the searh and sei.!re were made# In the absene of
s!h o!pant the reeipt m!st be left in the plae where the
sei.ed property was fo!nd in the presene of at least two
witnesses of s!ffiient a'e and disretion residin' in the same
loality#
Artile 6: $hen a person& laimin' to be in1!red by a
riminal offense& har'es another with the same& for whih no
INDEPENDEN( CIBIL AC(ION is 'ranted in this ode or
any speial law& b!t the 1!stie of the peae finds no reasonable
'ro!nds to belie"e that a rime has been ommitted& or the
prose!tin' attorney ref!ses or fails to instit!te riminal
proeedin's& the omplainant may brin' a i"il ation for
dama'es a'ainst the alle'ed offender# *!h i"il ation may be
s!pported by a preponderane of e"idene !pon the
defendantHs motion& the o!rt may reI!ire the plaintiff to file a
bond to indemnify the defendant in ase the omplaint sho!ld
be fo!nd to be maliio!s#
If d!rin' the pendeny of the i"il ation& an information
sho!ld be presented by the prose!tin' attorney& the i"il
ation shall be s!spended !ntil the termination of the riminal
proeedin's#
Artile 5< Any person s!fferin' material or moral loss bea!se
of a p!bli ser"ant or employee ref!ses or ne'lets& witho!t
1!st a!se& to perform his offiial d!ty may file an ation for
CRIMINAL PROCEDURE
Lambda Epsilon Xi DVOREF College of Law
dama'es and other relief a'ainst the latter& witho!t pre1!die
to any disiplinary administrati"e ation that may be ta9en#
Artile 54<; % $hoe"er by at or omission a!ses dam'e to
another& there bein' fa!lt or ne'li'ene& is obli'ed to pay for
dama'e done# *!h fa!lt or ne'li'ene& if there is no pre%
existin' ontrat!al relation between the parties& is alled
/UA*I%DELIC( and is 'o"erned by the pro"isions of this
hapter#
Artile 54<< % Responsibility for fa!lt or ne'li'ene !nder the
preedin' artile is entirely separate and distint from i"il
liability arisin' from ne'li'ene !nder the Penal Code& b!t the
plaintiff annot reo"er dama'es twie for the same at or
omission of the defendant#
NO(E- P!rs!ant to the r!le it sets down& an aI!ittal in a
riminal ase is not neessarily RE* 2UDICA(A in a i"il
ation based& not on a rime& b!t on /UA*I%DELIC( # (here
is no identity of a!se of ation in reo"erin' i"il indemnity as
a mere ACCE**OR+ or *U8*IDIAR+ to riminal liability&
and enforin' a primary responsibility deri"ed diretly from
I!asi%delit# (he aI!ittal in the riminal ase may mean
merely that the ne'li'ene is not s!ffiiently lear and serio!s
to ma9e a person liable to p!nishment& and yet it may
onstit!te an illiit at or I!asi%delit whih may ma9e him
i"illy liable# )ene& e"en after the aI!ittal of an a!sed in a
riminal ase for dama'e to property thro!'h re9less
impr!dene& a motion to dismiss an ation to reo"er i"il
liability not arisin' from riminal ne'li'ene !nder the Penal
Code& b!t from CULPA A/UILIANA or /UA*I%DELIC(
!nder Artile 54<; annot be entertained# E"en the
sim!ltaneo!s filin' of two ases& one i"il and the other
riminal& is within the santion of the law#D,ortih Aerda "s#
Marasi'an& et# al#& CA :7 Off# 3a.# 4?<G
CRIMINAL PROCEDURE
Lambda Epsilon Xi DVOREF College of Law
MA((ER* MU*( 8E ALLE3ED IN ()E COMPLAIN( OR
IN,ORMA(ION
K ELEMEN(* O, ()E O,,EN*E m!st be alle'e all the
in'redients of whih the offense is ommitted#
CRIMINAL IN(EN( the riminal intent of the a!sed
m!st be alle'ed where the riminality of an at depends
!pon the intent whih it was done#
PAR(ICULAR IN(EN( when a parti!lar intention is
essential to onstit!te an offense& the intent m!st be
distintly and preise alle'e# Ex# CRIME O, RO88ER+
mere ta9in' of property by means of fore and
intimidation is not robbery& it is essential element of the
rime of robbery and m!st be speifially alle'ed in the
information is the ANIMU* LUCRANDI intent to 'ain#
PAR(ICULAR CNO$LED3E whene"er a parti!lar
9nowled'e is essential to the onstit!tion of an offense& it
m!st be distintly and preisely alle'ed# E0 # Ad!ltery
m!st be stated she is married or sin'le#
/UALI,+IN3 AND IN)EREN( ELEMEN( O, ()E
O,,EN*E m!st be pleaded and pro"ed bein' an inte'ral
part of the rime#
DE*CRIP(ION O, PER*ONAL PROPER(+
information not speifially desribe and loate the
b!ildin' whih alle'ed to ha"e been ille'ally onstr!ted&
it is fatally defeti"e bea!se it is impossible on its fae to
identify the ho!se alle'edly onstr!ted witho!t neessary
permit#
BALUE O, PROPER(+ whih is the s!b1et of the
offenses sho!ld be stated when the "al!e is a material
element of the offense#
O$NER*)IP O, ()E PROPER(+ where neessary to
apprise the a!sed of the nat!re and a!se of a!sation
a'ainst him#
CRIMINAL PROCEDURE
Lambda Epsilon Xi DVOREF College of Law
2URI*DIC(ION O, (RIAL COUR(*
MUNICIPAL or ME(ROPOLI(AN (RIAL COUR(*
Exl!si"e Ori'inal 2!risdition
a# All "iolations of City or M!niipal Ordinanes ommitted
within their respeti"e territorial 1!risditions@
b# All offenses p!nishable with imprisonment not exeedin'
sixD;G years& re'ardless of the amo!nt of fine& or in"ol"in'
dama'e to property thro!'h riminal ne'li'ene De#'#
minor offense inl!din' "iolation of 8o!nin' Che9
LawG@
# All offenses ommitted by p!bli offiers and employees in
relation to their offie& inl!din' those employed in
'o"ernment%owned or ontrolled orporations and by
pri"ate indi"id!als har'ed as o%prinipals& aomplies&
or aessories& p!nishable with not more than sixD;G years&
where none of the a!sed o!py positions lassified as
salary 'rade L5<M or hi'her& and the penalty does not
exeed sixD;G years@
d# Offenses s!b1et to s!mmary proed!re@
4# (raffi "iolations
5# Biolations of Rental Laws
6# Biolations of City or M!niipal Ordinanes
7# All other "iolation where penalty does not exeed sixD;G
months imprisonmentEor P4&???#?? fine#
RE3IONAL (RIAL COUR(
Exerise E0CLU*IBE ORI3INAL 2URI*DIC(ION in
all riminal ases that are not within the exl!si"e 1!risdition
of any o!rt& trib!nal or body De#'#& offenses p!nishable with
imprisonment exeedin' sixD;G years re'ardless of the amo!nt
of fineG@
CRIMINAL PROCEDURE
Lambda Epsilon Xi DVOREF College of Law
R(CHs also ha"e exl!si"e appeallate 1!risdition in all
ases deided by the lower o!rts in their respeti"e territorial
1!risditions# D means that ases deided at the M(CHs may be
appeallable to the appropriate R(*HsG
*ANDI3AN8A+AN has exl!si"e ORI3INAL
2URI*DIC(ION in all offenses ommitted by p!bli offiers
and employees in relation to their offie inl!din' 'o"ernment
owned or ontrolled orporations& and by pri"ate indi"id!als
har'ed as o%prinipals& aomplishes& or aessories& where
one or more of the a!sed o!py positions lassified as 'rade
L5<M or hi'her@
(hem *andi'anbayan also has exl!si"e appeallate
1!risdition o"er final 1!d'ments& resol!tion& or orders of
Re'ional (rial Co!rts exerisin' ori'inal or appeallate
1!risdition in ases in"ol"in' p!bli offiers and employees in
'o"ernment%owned or ontrolled orporation& where all of the
a!sed o!py positions lower than salary 'rade L5<M#
CONDI(ION* ,OR *UMMAR+ PROCEDURE
4# Co!rt st!dies omplaint or information and the affida"its
s!bmitted by the omplainant and a!sed@
5# If o!rt finds no 'ro!nd to try the a!sed& it order the
dismissal of the ase# Otherwise& o!rts sets the ase for
trial@
6# At the trial& the affida"it onstit!te the diret testimonies
of the witnesses who exe!ted the same& s!b1et to ross%
examination@
7# 2!d'ment is rendered not later than 6? days after
termination of trial#
RULE ON BENUE O, CRIMINAL PRO*ECU(ION
a# instit!ted and tried in the o!rt of m!niipality or territory
where offense was ommitted or anyone of the essential
in'redients thereof too9 plae@
CRIMINAL PROCEDURE
Lambda Epsilon Xi DVOREF College of Law
b# if offense was ommitted on a railroad train& airraft or any
"ehile in the o!rse of its trip& instit!ted and tried in o!rt
of m!niipality or territory where s!h train& airraft or
"ehile passed d!rin' trip& inl!din' the plae of depart!re
or arri"al@
# if offense was ommitted on board a "essel in the o!rse of
its "oya'e instit!ted and tried in o!rt of first port of entry
or any m!niipality or territory thro!'h whih the "essel
passed d!rin' s!h "oya'e s!b1et to the 'enerally aepted
priniple of international law@ or
d# if rime was ommitted o!tside of the Philippines b!t
p!nishable therein !nder Artile 5 of RPC o'ni.able by
proper o!rt in whih the har'e is first filed#
MIRANDA RULIN3
Miranda "s# Ari.ona& 6=7 UN*N 76;D4>;;G& the United *tates
*!preme Co!rt
CON*(I(U(IONAL RE/UIREMEN(* ()A( MU*( 8E
O8*ERBED UNDER CU*(ODIAL INBE*(I3A(ION*-
4# (he person in !stody m!st be informed at the o!tset in
lear and !neI!i"oal terms that he has the ri'ht to
remain silent#
5# After bein' informed& he m!st be told that anythin' he
says an and will be !sed a'ainst him in Co!rt#
6# )e m!st be learly informed that he has the ri'ht to
ons!lt with a lawyer and to ha"e the lawyer with him
d!rin' the interro'ation# )e does not ha"e to as9 for a
lawyer# (he in"esti'ators sho!ld tell him he has the ri'ht
to o!nsel at this point#
7# )e sho!ld be warned that only he has the ri'ht to ons!lt
with a lawyer b!t also that if he is indi'ent& a lawyer will
be appointed to represent him#
CRIMINAL PROCEDURE
Lambda Epsilon Xi DVOREF College of Law
:# E"en if the person onsents to answer I!estions witho!t
the assistant of a o!nsel& the moment he as9 for a lawyer
at any point in the in"esti'ation& the interro'ation m!st
eased !ntil an attorney is present#
;# If the fore'oin' protetion and warnin' are not
demonstrated d!rin' the trial to ha"e been obser"ed by
the prose!tion& no e"idene obtained as a res!lt of the
interro'ation an be !sed a'ainst him#
RI3)(* ABAILA8LE (O A PER*ON UNDER
INBE*(I3A(IONO
4# (he ri'ht to remain silent@
5# (he ri'ht to ompetent and independent o!nsel preferably
to his own hoie@
6# Ri'ht to be informed of s!h ri'hts#
NO(A 8ENE- In the fae of the statements impliatin' him in
the rime& a!sed while in polie !stody& remained in silent&
s!h silene annot be !sed a'ainst him as e"idene of '!ilt#
8ea!se it is well settled r!led that silene of an a!sed in
riminal ases& meanin' his ref!sal to testify& may not be !sed
a'ainst him# DPeople "s Ale're and Cerdonillo&>7& *CRA 4?>&
44= L%6?756& No"# ?<& 4><>G
PEOPLE B* DUERO& 4?7 *CRA 6<>& 6=:%;&L%:5?4;& MA+ 46
4>=4# L In as m!h as the prose!tion in this ase failed to
pro"e that before D!ero made his alle'ed oral onfession& he
was informed of his ri'ht to remain silent and to ha"e a o!nsel
and bea!se there is no proof that he 9nowin'ly and
intelli'ently wai"e those ri'hts& his onfession is inadmissible in
e"idene# L
PEOPLE B* 3ALI(& 46: *CRA 7;:& Marh 5?& 4>=:
CRIMINAL PROCEDURE
Lambda Epsilon Xi DVOREF College of Law
LMatapos mon' mabasa iton' m'a 9arapatan mo na i9aw ba
ay 9!san' loob na ma'bibi'ay n' isan' salaysay at sasa'ot n'
b!on' 9atotohanan laman' sa lahat n' itatatnon' sa iyo sa
imbesti'asyon na itoO A!sed answered- L Opo ma'sasabi
laman' po a9o n' pawan' 9atotohanan laman'#M (hose
where the I!estion was "ery in"ol"ed b!t as9ed monosyllabi
answer& there was no lear reply that he was wai"in' his ri'ht
to o!nsel#
PEOPLE B* IN3UI(O& 3R :67><& Ot 4= 4>=5# Relyin' on
*etion 5?& the Co!rt in"alidated the extra1!diial onfession
when the *tate failed to disp!te the laim of the a!sed that he
had been ompelled to si'n his onfession and that he was not
'i"en o!nsel nor apprised of his ri'hts# (he Co!rt & moreo"er
has said that the d!ty to informed the detainee is not 1!st
eremonial# (he polie offier m!st explain the onseI!enes
of the wai"ers of the ri'hts& and the s!ffiieny of the
explanation an depend on the intelli'ene or ed!ation of the
person detained# DPeople "s Niandro& 475 *CRA 5=>& ,eb 44&
4>=;G
8OLANO* B* 2UD3E DE LA CRUA 3R :==?:& A!'!st 54&
4>=5# In a petition for bail the a!sed ontended that their
extra 1!diial onfession sho!ld not ha"e been admitted
Lbea!se of a la9 of s!bstantial ompliane with the
onstit!tional reI!irements of warnin' and wai"er and
bea!se the same are fr!its of their arbitrary detention by the
polieMPP A8AD *AN(O*& writin' for the Co!rt& said that
this is a matter that is best onsidered when it is Da!sedG t!rn
to present e"idene# At the sta'e& the extra%1!diial onfession
m!st be pres!med "ol!ntary and re'!lar !ntil the ontrary is
pro"ed and this Co!rt is not the proper for!m to pro"e the
ontrary# (he proper for!m is the (rial Co!rt#M
PEOPLE B* 3ALI(& 46: *CRA 7;:& Marh 5?& 4>=:
CRIMINAL PROCEDURE
Lambda Epsilon Xi DVOREF College of Law
LMatapos mon' mabasa iton' m'a 9arapatan mo na i9aw ba
ay 9!san' loob na ma'bibi'ay n' isan' salaysay at sasa'ot n'
b!on' 9atotohanan laman' sa lahat n' itatatnon' sa iyo sa
imbesti'asyon na itoO A!sed answered- L Opo ma'sasabi
laman' po a9o n' pawan' 9atotohanan laman'#M (hose
where the I!estion was "ery in"ol"ed b!t as9ed monosyllabi
answer& there was no lear reply that he was wai"in' his ri'ht
to o!nsel#
E0ERCI*E*
I (RUE OR ,AL*E- $rite L(M if the statement is orret
and write L,M if the statement is wron'# $rite yo!r answer on
the blan9 pro"ided# NO ERA*UREQ Otherwise it will
onsider as wron'#
4# RRRRRRRR Immediately after arrest& the arrestin' offier
!s!ally ond!ted a searh on the said persons and
remo"e any weapons& ontraband or e"idene relatin' to
the rime and informin' him the nat!re and a!se of his
arrest& then s!spet person sho!ld be inarerated#
5# RRRRRRRRR(he riminal intent of the a!sed m!st be
alle'ed where the riminality of an at depends !pon the
intent with whih it was done#
6# RRRRRRRRRR(he riminal 1!stie proess !s!ally be'ins
when the polie a!thorities file a omplaint with the
o!rt#
7# RRRRRRRRRRA sworn statement made by the omplaint is
a s!ffiient e"idene in filin' a omplaint with the fisal
offie#
:# RRRRRRRRR$hen a parti!lar intent is essential to
onstit!te an offense& he intent m!st be distintly
preisely alle'ed in the omplaint#
;# RRRRRRRRRParti!lar 9nowled'e is one of the essential
reI!isite that m!st be alle'ed in the omplaint in
CRIMINAL PROCEDURE
Lambda Epsilon Xi DVOREF College of Law
onstit!tin' an offense whih m!st be also be distintly
and preisely alle'ed#
<# RRRRRRRRRPre arrest in"esti'ati"e proed!res are
desi'ned to answer whether the rime was at!ally
ommitted andEor if there is a s!ffiient 'ro!nd to exist
in 1!stifyin' his arrest#
=# RRRRRRRRRpost arrest in"esti'ation is ond!ted when
the s!spet was arrested and "erify the latter if there is
a reasonable 'ro!nd to ontin!ed his inareration or to
post bail bond#
># RRRRRRRRROne a omplaint filed by a iti.en initial
obser"ation shall be ond!ted by the law enforer
thereafter a post arrest in"esti'ation be implemented#
4?# RRRRRRRRRPreliminary matters that m!st be alle'ed in
the omplaint are the nat!re and a!se of offenses
ommitted& the parti!lar intent and the parti!lar
9nowled'e#
44# RRRRRRRRRIn filin' a omplaint what m!st be alle'ed in
a riminal intent is the element of the rime ommitted
45# RRRRRRRRRIf arrest was made by a pri"ate indi"id!al
and the person arrested is deli"ered to the proper
a!thorities ille'al detention may be ommitted#
46# RRRRRRRRRAfter the arrest a preliminary in"esti'ation
shall be ond!ted to be 'i"en an aess to the testimony
and e"idene a'ainst him and to inform him of his ri'ht#
47# RRRRRRRRRthe fisal may determines whether there is
reasonable 'ro!nd to belie"e that a rime has been
ommitted on the basis of the sworn statement and
affida"it of omplaint if the a!sed is probably '!ilty
thereof#
4:# RRRRRRRRRIs the 1!risdition o"er the s!b1et matter
onferred by the law and depends !pon the alle'ation
made in the omplaint and the penalties presribed by
law for the offenses ommitted#
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Lambda Epsilon Xi DVOREF College of Law
II Choose the orret answer-
4# $hat is the remedy of the offended party or omplainant
sho!ld the prose!tin' offier ref!se or fail to file an
information or to prose!te the riminal ation@
a# Refile the ase with other Co!rt
b# ,ile a motion to dismiss
# (a9e the matter with Department of 2!stie
d# Amend the omplaint#
5# In filin' a omplaint& the offense is ommitted by more
than one person& how sho!ld the omplaint be filedO
a# Is it a omplaint a'ainst indi"id!al perpetrators@
b# Is it a omplaint a'ainst all of the offended party@
# Is it a omplaint a'ainst all of the a!ses@
d# Is it a omplaint file separately a'ainst the
prinipal#
6# $hih of the followin' reI!isite are not reI!irement of
the omplaint@
a# Name of the a!sed and his 9nown address
b# (he desi'nation of the offense
# (he ats or omission omplained of as onstit!tin'
the offense
d# $arrant of arrest
#7# $hat is the ma1or step in proessin' of a riminal ase
after yo! a reei"ed a omplaintO
a# Cond!t initial in"esti'ation
b# Apprehend the s!spet
# Ma9e a report of the rime
d# Apply for a warrant of arrest
:#$hat does a polie offier do when ond!tin' pre%arrest
in"esti'ationO
a# searhin' the s!spetHs home
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Lambda Epsilon Xi DVOREF College of Law
b# I!estionin' the a!sed in the present of hisEher
o!nsel
# inter"iewin' the witnesses
d# initial obser"ation be ond!ted and determine if
the rime has been ommitted#
<# $ho amon' the followin' p!bli offiers are not allowed
to ond!t a preliminary in"esti'ation in filin' a riminal
ase in o!rt#
a# Pro"inial and City prose!tors
b# Chief of Polie in the m!niipalities
# 2!d'es of M!niipal (rial Co!rt
d# (anodbayan
=# )ow o!ld yo! determine the "en!e in filin' a omplaintO
a# alle'ed in omplaint
b# the penalty pro"ided by law
# the plae where the offense ommitted
d# the I!alifyin' ir!mstanes
># $hen does a o!rt aI!ire 1!risdition in riminal aseO
a# the offense is one whih the o!rt is by law
a!thori.ed to ta9e o'ni.ane
b# when the o!rt iss!ed a warrant of arrest
# the preliminary in"esti'ation was ond!ted by
the Metropolitan (rial 2!d'e
d# the offenses was inherent in their territorial
1!risidition#
4?# 2!risdition aI!ired by the o!rt by means of "ol!ntary
appearanes or arrest of the a!sedO
a# 2!risdition o"er the s!b1et matter
b# 2!risdition o"er the person of the a!sed
# 2!risdition o"er the territory where the offenses
ommitted
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Lambda Epsilon Xi DVOREF College of Law
d# 2!risdition o"er the riminal ases
44# $hat do yo! mean that the ri'ht of the a!sed is to be
informed of the nat!re and a!se of a!sation a'ainst
him whih reI!ires that e"ery material fats and essential
element of the offense be har'ed with preision and
ertainty in the information or omplaint in a simple&
!nderstandable lan'!a'e of the rime& he is har'ed with
and the ats onstit!tin' the rime& in a s!ffiient detail to
enabler him to prepare his defense and to be proteted in
the e"ent of do!ble 1eopardy@
a# (he offense m!st not be stated hypothetially or
ar'!mentati"e@
b# (he offense mo!st not be stated in the dis1!nti"e or
alternati"e way
# (he fats m!st be alle'ed in positi"e terms and not by
way of reital@
d# All of the abo"e#
45# $hat is the most important part of polie areer in
apprehendin' the riminal elementO
a# Report of the rime
b# 8oo9in' of s!speted riminal
# $arrant of arrest
d# Preliminary in"esti'ation
46# It is s!ffiient that a omplaint m!st state the tr!e identity
of the a!sed or any appellation or ni9name by whih
he has been or is 9nown& or if his identity annot be
diso"ered he m!st be desribed !nder a fititio!s name
with a statement that his is !n9nown#
a# (he desi'nation of the rime by name
b# Name of the defendant m!st be stated
# (he fat m!st be identify in the omplaint
CRIMINAL PROCEDURE
Lambda Epsilon Xi DVOREF College of Law
d# (he I!estions on the a!sed identity m!st be raised
d!rin' arrai'nment
47# A omplaint m!st state the name and s!rname of the
person a'ainst whom or a'ainst whose property the
offense was ommitted or any appellation or ni9name by
whih s!h person has been or is 9nown& and if there is no
betterway of identifyin' him& he m!st be desribed !nder
a fititio!s name#
a# (he name of the a!sed m!st be stated
b# (he name of the offended party m!st be stated
# (he name of the witnesses
d# M!st be parti!larly desribed the offenses ommitted
4:# $hene"er possible& a omplainant sho!ld state the tr!e
offenses ommitted besides the ats or omissions
onstit!tin' the same and if there is no desi'nation&
referene sho!ld be made to the setion or s!bsetions of
the stat!tes p!nishin' it#
a# the fats m!st be alle'ed in omplaint
b# the I!alifiation of rime ommitted
# the nat!re and a!se of ation
d# the desi'nation of the offense by the stat!te
4;# It is stated in ordinary and onise lan'!a'e witho!t
repetition b!t not neessarily in the terms of stat!te
definin' the offense& b!t in s!h form as is s!ffiient to
enable a person of ommon !nderstandin' to 9now what
offense is intended to be har'ed& and enable the o!rt to
prono!ne proper 1!d'ment& it means@
a# the at or omission omplained of@
b# the material alle'ations in the omplaint@
# the fats and ir!mstanes of omplaint
d# the elements of offense ommitted#
CRIMINAL PROCEDURE
Lambda Epsilon Xi DVOREF College of Law
4<# It is an inI!iry or proeedin' for the p!rpose of
determinin' whether there is s!ffiient 'ro!nd to
en'ender a well fo!nded belief that a rime o'ni.able by
the Re'ional (rial Co!rt and that the respondent is
probably '!ilty thereof@
a# Preliminary In"esti'ation
b# Preliminary examination
# Complaint
d# Criminal Proed!re
4=# (o determine the offense that has been ommitted and
there is a reasonable 'ro!nd to belie"e that the a!sed
has ommitted and a warrant may be iss!ed#
a# Preliminary in"esti'ation
b# Preliminary examination
# Complaint
d# Criminal proed!re
4># It simply means that there is a s!ffiient fats to on"ine
him& that a person has ommitted the rime& and has a
probable a!se to 1!stify his iss!ane of order of arrest&
who may order to iss!e a warrant of arrestO
a# City or m!niipal prose!tor
b# 2!d'es of M!niipal (rial Co!rt ond!t ted
preliminary in"esti'ation#
# 2!d'es of Re'ional (rial Co!rt
d# ,isal
5?# A preliminary in"esti'ation means to protet the innoent
a'ainst hasty& maliio!s and oppressi"e prose!tion& to
spare from tro!ble& expenses& and anxiety of p!bli trial&
and to protet the state itself from !seless and wastef!l
trials& is itO
a# Constit!tional ri'hts
b# Part of d!e proess
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Lambda Epsilon Xi DVOREF College of Law
# Part of riminal 1!stie system
d# Mandatory order of the o!rt and ertifiation is
reI!ired
54# $hen is a person who is lawf!lly arrested and detained
witho!t warrant& may as9 to ond!t a preliminary
in"esti'ation pro"ided he will si'n a wai"er !nder Art#
45: of the Re"ised Penal CodeO
a# $hen he was arrested andEor before filin' of riminal
ation@
b# $hen the Re'ional (rial 2!d'e order to ond!t
preliminary in"esti'ation@
# $hen the Re'ional (rial 2!d'e iss!ed a warrant of
arrest@
d# $hen the fisal ref!se to ond!t the preliminary
in"esti'ation#
55# (he a!sed is to be informed of the omplaint or
information filed a'ainst him& and to be 'i"en aess to
the testimony and e"idene a'ainst him at the preliminary
in"esti'ation& when is this ri'hts shall in"o9e by the
a!sedO
a# when the a!sed is !nder !stodial in"esti'ation
p!rs!ant to new onstit!tion
b# when the a!sed was arrested before trial
# when he in"o9e the ri'hts of the a!sed at the trial
d# when the a!sed was iss!ed a warrant of arrest
56# In proper filin' of omplaint whih o'ni.able with
Re'ional (rial Co!rt shall state the 9nown address of the
respondent and be aompanied by affida"it of omplaint
and his witnesses as well as other s!pportin' do!ments&
in s!h n!mber opies as there are respondents& )ow
many opies sho!ld be retain as offiial fileO
a# ,o!r opies
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Lambda Epsilon Xi DVOREF College of Law
b# (wo opies
# ,i"e opies
d# (hree opies
57 After ta9en the sworn statement or sin!mpaan salaysay
of the omplainant in a ase fall !nder Artile 677 of the
Re"ised Penal Code& e"idenes& and the statement and
affida"it of the witnesses& what other do!ment shall be
s!bmit to the ,isal OffieO