CRIMINAL PROCEDURE

DE LA SALLE UNIVERSITY SCHOOL OF LAW

A.Y. 2017-2018, 2ND SEMESTER
JUDGE ANNE PERPETUAL S. RIVERA-SIA

RELEVANT LAWS, CIRCULARS

1987 Philippine Constitution, Articles III, VIII

2000 Revised Rules of Criminal Procedure
Batas Pambansa Blg. 129 (Jurisdiction)
Republic Act 7691
Republic Act 7438 (Rights of person under custodial investigation)
Republic Act 8493 (Speedy Trial Act)
Republic Act 8249 (Sandiganbayan)
Republic Act 6770 (Ombudsman)
DOJ-NPS Revised Manual
DOJ Rules on Inquest
A.M. No. 03-1-09-SC (Pre-Trial Guidelines)
A.M. No. 12-8-8-SC (Judicial Affidavit Rule)
A.M. No. 12-11-2-SC (Guidelines for Decongesting Holding Jails)
1991 Revised Rule on Summary Procedure
Revised Guidelines in Continuous Trial for Criminal Cases

Caveat:
It is presumed that students have read or are familiar with the above laws and rules before
the start of class, the same being material to the subject. The list of cases provided below
shall not in any way be deemed final and discretion is hereby retained to update
periodically.

I. Preliminary matters
a. Concept of Jurisdiction in criminal cases
1. Jurisdiction over subject matter
2. Jurisdiction over person of the accused
b. Requisites for the exercise of criminal jurisdiction
c. Jurisdiction of criminal courts
1. MeTC, MTCC, MTC, MCTC
2. RTC (General, Family Court, Special Commercial Court, Special
Agrarian Court)
3. Sandiganbayan
4. Ombudsman
5. Court of Appeals
6. Court of Tax Appeals
7. Supreme Court
d. When injunction may be issued to restrain criminal prosecution

Cases:
Miranda et.al. v. Tuliao, March 31, 2006
Bonifacio v. RTC of Makati, G.R. No. 184800, May 5, 2010
Union Bank v. People, February 28, 2012
Esquivel v. Ombudsman, 437 Phil 702 (2002)
Serana v. Sandiganbayan, G.R. No. 162059, January 22, 2008
Castro v. Deloria, G.R. No. 163586, January 27, 2009
Casing v. Ombudsman, G.R. No. 192334, June 13, 2012
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II. Search and Seizure

a. Nature of right against unreasonable searches and seizure
b. Scope of protection
c. Requisites for issuance of search warrant
1. Determination of probable cause
2. Venue
3. Description of things to be seized
4. Property that may be seized
d. Form, validity and lifetime of search warrant
e. Instances of a valid warrantless search
1. Search incidental to a lawful arrest
2. Consented search
3. Stop and frisk, checkpoints
4. Search of moving vehicle
5. In plain view
6. Search by a private person
f. Procedure for implementation of search warrant
1. Time of search
2. Application of two-witness rule; exception
3. Issuance of receipt post service
4. Delivery of property and inventory
5. Duty to make a return
g. Remedies against unreasonable searches and seizure

Cases:
United Laboratories v. Isip, G.R. No. 163858, June 28, 2005
Worldwide Web Corp. v. People, January 13, 2014
People v. Calantiao, June 18, 2014
Sindac v. People, G.R. No. 220732, September 6, 2016
Comerciante v. People, G.R. No. 205926, July 22, 2015

III. Arrest
a. How is an arrest made
b. Custody of the law v. custody over the accused
c. Method of arrest by virtue of a warrant
1. Time
2. Period to execute
d. Instances of a valid warrantless arrest
e. Two-fold duty of arresting officer during warrantless arrest; exceptions
f. Arrest by a private person
g. Custodial investigation
1. Scope and procedure
2. Duty of police officers during conduct of custodial investigation
3. Rights of persons under custodial investigation
a. Right to be informed
b. Right to counsel of choice
c. Police line-up
4. Effect of violation of rights
5. Admissibility of extrajudicial confession

Cases:
Luz v. People, G.R. No. 197788, February 29, 2012
People v. Villareal, March 18, 2013
People v. Cogaed, G.R. No. 200334, July 30, 2014
Valdez v. People, G.R. No. 170180, November 23, 2007

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Viudez II v. Court of Appeals, G. R. No. 152889, June 5, 2009

Ariel Lopez v. People, G.R. No. 212186, June 29, 2016
People v. De Leon, G.R. No. 186471, January 25, 2010
Ho Wai Pang v. People, G.R. No. 176229, October 19, 2011
Pestilos, et.al. v. People,, G.R. No. 182601, November 10, 2014
People v. Olivia Cristobal, G.R. No. 159450, March 30, 2011
Homar v. People, G.R. No. 182534, September 2, 2015

IV. Prosecution of offenses

a. Institution of criminal actions
1. How to file a criminal action
2. Effect of institution – when prescription will lie
3. Control of prosecution
a. Public Prosecutor
b. Ombudsman
c. Solicitor General
d. Role of private prosecutor
4. Private crimes
b. Sufficiency of complaint or information
1. Complaint vs. Information
2. Requirements of sufficiency
a. Designation of the offense
b. Cause of accusation
c. Identity of the accused
d. Date, time and place of commission
e. Name of offended party/property/juridical person
f. Aggravating & qualifying circumstances
g. Proscription on duplicitous complaint or information; exception
c. Amendment of complaint or information
1. Kinds of amendments
2. Rule on amendment of complaint or information
3. Amendment vs. Substitution
d. Intervention of offended party

Cases
Punzalan v. dela Pena, G.R. No. 158543, July 21, 2004
Malayan Insurance Co. v. Piccio, August 6, 2014
Jadewell Parking Systems v. Lidua, October 7, 2013
Panaguiton v. DOJ, G.R. No. 167571, November 25, 2008
Baviera v. Paglinawan, G.R. No. 168380, February 8, 2007
People v. Duca, G.R. No. 171175, October 9, 2009
Francisco v. People, G.R. No. 177720, February 18, 2009
Quisay v. People, G.R. No. 216920, January 13, 2016
Soriano v. Hon. Casanova, G.R. No. 163400, March 31, 2006
Morales, Jr. v. Ombudsman, G.R. No. 208086, July 27, 2016
People v. Pangilinan, November 14, 2011
Mendez v. People, G.R. No. 179962, June 11, 2014

V. Prosecution of Civil Action

a. Rule on implied institution of the civil action with the criminal action
1. Exceptions
a. Reservation of civil action
b. Waiver or prior institution

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c. Independent civil actions under the Civil Code

2. Special rule for B.P. 22 cases
b. Effect of death of the accused on the civil action
1. If impliedly instituted
2. If independently instituted
c. Kinds of acquittal and effect on civil liability
d. Prejudicial question
1. Elements
2. Effect of a prejudicial question on a criminal action

Cases:
Co v. Munoz, G.R. No. 181986, December 4, 2013
Rimando v. Sps. Aldaba, G.R. No. 203583, October 13, 2014
Heirs of Eduardo Simon v. Chan, G.R. No. 157547, February 23, 2011
Bun Tiong v. Balboa, G.R. No. 158177, January 28, 2008
Jose v. Suarez, G.R. No. 176795, June 30, 2008
Pimentel v. Pimentel, G.R. No. 172060, September 13, 2010
Gosiaco v. Ching, G.R. No. 173807, April 15, 2009

VI. Preliminary Investigation

a. Concept of preliminary investigation
b. When is preliminary investigation required
1. Exception – Inquest
2. Cases covered by summary procedure
c. Officers authorized to conduct preliminary investigation
d. Procedure in conducting a preliminary investigation
e. Appeal from resolution of provincial or city prosecutor
1. Effect of pendency of proceedings before the Department of Justice
2. Appeal from DOJ Resolution via Rule 43 to Court of Appeals
3. When appealable to the Office of the President
f. Record of preliminary investigation
g. Effect of failure to conduct preliminary investigation
h. Probable Cause
1. As an executive function
2. As a judicial function

Cases:
Unilever Philippines, Inc. v. Michael Tan, G.R. No. 179367, January 29, 2014
Department of Justice v. Liwag, G.R.No. 149311, February 11, 2005
Ladlad v. Velasco, G.R. Nos. 172070-72, June 1, 2007
Callo-Claridad v. Esteban, G.R. No. 191567, March 20, 2013
Delos Santos Dio v. People, G.R. No. 178947, June 26, 2013
People v. Romualdez, G.R. No. 166510, April 29, 2009
Estrada v. Ombudsman, January 21, 2015
People v. Dela Torre-Yadao, November 13, 2012
Ramiscal v. Sandiganbayan, G.R. Nos. 172476-99, September 15, 2010
Okabe v. Gutierrez, G.R. No. 150185, May 27, 2004
Cajipe v. People, April 23, 2014

VII. Bail
a. When bail is a matter of right
b. When bail is discretionary
c. When bail is denied
d. When bail is not necessary
e. Conditions of bail

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f. Kinds of bail
1. Cash deposit
2. Property bond
3. Surety bond
4. Recognizance
g. Where bail application should be filed
1. Arrested in place where case is pending
2. Place of arrest is different from where case is pending
3. Case is pending but no arrest yet
4. Arrested but no case yet filed (warrantless arrest)
h. Guidelines in fixing the amount of bail
i. Increase or reduction of bail
j. Forfeiture of bail
k. Cancellation of bail
l. Effect of bail application on objections to illegal arrest or irregularity of
preliminary investigation

Cases:
Serapio v. Sandiganbayan, G.R. No. 148468, January 28, 2003
Mabutas v. Perello, A.M. RTJ No. 03-1817, June 8, 2005
Domingo v. Pagayatan, A.M. RTJ No. 03-1751, June 10, 2003
Lachica v. Judge Tormis, A.M. RTJ No. 05-1609, September 20, 2005
Leviste v. Court of Appeals, G.R. No. 189122, March 17, 2010
Enrile v. Sandiganbayan (Third Division), G.R. No. 213847, August 18, 2015

VIII. Rights of the accused

a. Presumption of innocence
b. Right to be informed
c. Right to defend in person and by counsel
1. Appointment of counsel de oficio
2. Trial in absentia
3. Presence of private complainant
d. Right to testify as a witness in his own behalf
e. Right against self-incrimination
1. Exception
f. Right to confront and cross-examine
1. Issuance of compulsory processes
2. Availment of modes of discovery
g. Right to speedy trial
1. Speedy trial v. Speedy disposition of cases
2. Relevant time periods to determine delay
3. Exclusions from determination of delay
4. Public trial
h. Right to appeal

Cases:
Olivarez v. Court of Appeals, 465 SCRA 465
Jaime Dela Cruz v. People, G.R. No. 200748, July 23, 2014
People v. Endaya, G.R. No. 205741, July 23, 2014
People v. Hon. Nazar U. Chaves, G.R. No. 131377, February 11, 2003
Petition for Radio and Television Coverage of Ampatuan cases, June 2011

IX. Arraignment and Plea

a. When arraignment is made
1. When accused is not in detention

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2. When accused is preventively detained

b. Manner of arraignment
1. Presence of accused during arraignment
2. Waiver of reading of information
3. Presence of private complainant
4. Duty of the court before arraignment
c. When plea of not guilty shall be entered for accused
d. Kinds of pleas of guilt
1. To a lesser offense
a Time
b Included in the offense charged
2. To a capital offense
a. Duty of judge
b. Conduct of hearing
3. To a non-capital offense
a. Conduct of hearing
4. Improvident plea
a. Definition
b. When can it be withdrawn

e. Bill of particulars
f. Suspension of arraignment

Cases:
Braza v. Sandiganbayan, February 20, 2013
Adasa v. Abalos, G.R. No. 168617, February 19, 2007
People v. Documento, G.R. No. 188706, March 17, 2010
Aguinaldo & Perez v. Ventus & Joson, G.R. No. 176033, March 11, 2015

X. Motion to Quash
a. Grounds to file MTQ
b. When to file MTQ
1. Failure to file before plea; effect
c. Waiver of grounds not alleged; exception
d. Double jeopardy
1. Requisites
2. Test to determine identity of offenses
3. When double jeopardy will not lie
e. Effect of grant of MTQ
1. Exceptions
2. Remedy from denial of MTQ
3. Re-filing of complaint or information
f. Provisional dismissal
1. Requirements
2. Effect of provisional dismissal
3. When can provisional dismissal be invoked
4. Difference from MTQ

Cases:
People v. Lacson, G.R. No. 149453, October 7, 2003
Heirs of Honrales v. Honrales, G.R. No. 182651, August 25, 2010
People v. Andrade, et.al., November 24, 2014
Magno v. People, G.R. No. 149725, October 23, 2003
Ivler v. Modesto-San Pedro, G.R. No. 172716, November 17, 2010
Los Banos v. Pedro, G.R. No. 173588, April 22, 2009
Co v. New Prosperity Plastic Products, June 30, 2014

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People v. Sandiganbayan 5th Division, et.al., G.R. Nos. 199151-56, July 25, 2016

XI. Pre-trial
a. Conduct of pre-trial
b. When judicial affidavits required
c. Admissions of accused during pre-trial; when binding
d. Effect of non-appearance during pre-trial
e. Contents of pre-trial order
Cases:

Zaldivar v. People, G.R. No. 197056, March 2, 2016

Garayblas v. Ong, G.R. Nos. 174507-30, August 3, 2011
Office of the Court Administrator v. Espanol, A.M. No. RTJ-04-1872, October 18, 2004
People v. Sunga, G.R. No. 126029, March 23, 2003

XII. Trial
a. Time to prepare for trial
1. Exclusions from computation of time to commence trial
b. Revised Guidelines in Continuous Trial for Criminal Cases
c. Continuous trial
1. Grounds for postponement
2. When continuance is not allowed
3. Conclusion of trial; when time may be extended
d. Duties of the Public Attorney
e. Remedy when accused is not brought to trial within the time limit
f. Order of trial
1. When reversed
g. Requisites for conditional examination of witnesses
1. For the accused
2. For the prosecution
h. Bail to secure presence of material witness
i. Trial of several accused
j. Discharge of accused to be a state witness
1. Requisites
2. Effect of denial of application
3. Witness Protection Program
k. Appointment of acting prosecutor
l. Exclusion of the public
m. Consolidation of trial
n. Demurrer to evidence
1. When can you file a demurrer
2. Requisites
3. Remedy if demurrer is denied
4. Effect of grant of demurrer
o. Re-opening of trial

Cases:
Macapagal-Arroyo v. People, G.R. No. 220598, July 19, 2016
Mari v. Gonzalez, September 12, 2011
Go v. People, G.R. No. 185527, July 18, 2012
Cabador v. People, G.R. No. 186001, October 2, 2009
Alferez v. People, G.R. No. 182301, January 31, 2011
People v. Hernandez, G.R. No. 154218, August 28, 2006
Dayap v. Sendiong, G.R. No. 177960, January 29, 2009
Salazar v. People, G.R. No. 151931, September 23, 2003
Manguerra v. Risos, G.R. No. 152643, August 28, 2008

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People v. Estacio, G.R. No. 171655, July 22, 2009

XIII. Judgment
a. Contents of judgment
b. Judgment in case of variance between allegation and proof
c. Promulgation
1. Manner of promulgation
2. Presence of accused; when excused
3. Effect of absence of accused despite notice
4. If trial in absentia was conducted
d. Modification of judgment
e. Entry of judgment

Cases:
Enrique de Leon v. People, G.R. No. 212623, January 11, 2016
People v. de Grano, G.R. No. 167710, June 5, 2009
Tan v. People, 430 Phil. 685 (2002)
Consulta v. People, G.R. No. 179462, February 12, 2009
Colinares v. People, G.R. No. 182748, December 13, 2011
Sevilla v. People, G.R. No. 194390, August 13, 2014

XIV. New Trial or Reconsideration

a. Grounds for new trial
b. Grounds for reconsideration
c. Application of Neypes rule
d. Effects of grant of new trial or reconsideration
Cases:
De Villa v. Director of New Bilibid Prisons, G.R. No. 158802, November 17, 2004
Tadeja v. People, G.R. No. 145336, February 20, 2013
Sumiran v. Damaso, G.R. No. 162518, August 19, 2009

XV. Appeal and Procedure

a. Who may appeal
b. Where to file an appeal
c. Effect of appeal in criminal cases
d. Period to file appeal
e. Effect of appeal by any of several accused
f. Appointment of counsel de oficio on appeal
g. Withdrawal of appeal
h. Uniformity of procedure

Cases:
Quidet v. People, G.R. No. 170289, April 8, 2010
People v. Taruc, G.R. No. 185202, February 18, 2009
People v. Abon, G.R. No. 169245, February 15, 2008
Deus v. People, G.R. No. 178405, October 15, 2008
Tamayo v. People, G.R. No. 174698, July 28, 2008

Class Rules:
 Attendance in all sessions is required.
 If you are called for recitation and you are absent, a grade of 60% shall be reflected
in your class card. If you are present but unable to answer, a grade of 70% shall be
reflected in your class card.
 Consultation shall be after class.

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 Observe proper classroom decorum. Undivided attention is enjoined. Mobile

phones should be turned off or placed on silent mode during session. Should any
mobile phone ring or make any sound during class, the owner thereof shall be sent
out of the room. Business attire is required except for Saturday classes.

Final Grade shall be computed as follows:

40% - Class Standing

30% - Midterm Exam
30% - Final Exam