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2013 CRIMINAL PROCEDURE (MIDTERMS) | ARELLANO UNIVERSITY SCHOOL OF LAW

References: (a) For offenses where a preliminary investigation is


required pursuant to section 1 of Rule 112, by
filing the complaint with the proper officer for the
REMEDIAL LAW COMPENDIUM (Volume 2) purpose of conducting the requisite preliminary
by Associate Justice Florenz Regalado (Ret.) investigation.
(b) For all other offenses, by filing the complaint or
information directly with the Municipal Trial Courts
and Municipal Circuit Trial Courts, or the complaint
Criminal procedure with the office of the prosecutor. In Manila and
• It is the method fixed by law or the other chartered cities, the complaint shall be filed
with the office of the prosecutor unless otherwise
Rules of Court for the apprehension and provided in their charters.
prosecution of persons accused of any
criminal offense and for their Venue vs. Jurisdiction
punishment in case of conviction.
• It is the method prescribed by law for Venue Jurisdiction
the apprehension and prosecution of Jurisdictional in criminal Determined by the
persons accused of any criminal offense case, being an essential extent of penalty which
and for their punishment, in case of element of jurisdiction the law imposes
conviction (Remedial Law IV, Herrera) The territory where the It may be over the
• It deals with the set of rules governing criminal case will be tried subject matter, territory
the series of proceedings through which as a result of its or person of the
commission accused
the government enforces substantive
Venue is fixed except for Once vested in the
criminal law. (Cornell) continuing crimes (delito court, it is retained up to
continuado); but first to the end of litigation (Dela
Accused acquire excludes others Cruz v. Moya, 160 SCRA 838)
• A person or group of people who are
charged with or on trial for a crime. Complaint vs. Information

Private complainant Complaint Information


• The offended person in the commission Subscribed by the offended Subscribed by the
of a crime by the accused. party, any peace officer, or prosecutor and filed
other public officer charged with the court.
Criminal jurisdiction with the enforcement of the
law violated.
• It is the power of the State to try and
Sworn to by person signing Need not be under
punish a person for violation of its penal it. oath.
laws.
• Is the authority to hear and try a
particular offense and impose the Prosecution of Civil Action (Rule 111)
punishment for it. (People v. Mariano,
G.R. No. L-40527, June 30 1976) GENERAL RULE: When a criminal action is
instituted, the civil action for the recovery of civil
Hierarchy of courts liability arising from the offense charged shall be
deemed instituted with the criminal action.

EXCEPTIONS:
1. When the offended party waives the civil
action;
2. When the offended party reserves his
right to institute a separate civil action;
3. When offended party institutes a civil
action prior to the criminal action.

EXCEPTION TO THE EXCEPTION: Existence


of a prejudicial question. Elements:
Prosecution of Offenses (Rule 110) (a) the previously instituted civil action
Section 1. Institution of criminal actions. — Criminal actions
involves an issue similar or intimately
shall be instituted as follows:

Notes By: ENGR. JESSIE A. SALVADOR,MPICE http://twitter.com/engrjhez Page 1


2013 CRIMINAL PROCEDURE (MIDTERMS) | ARELLANO UNIVERSITY SCHOOL OF LAW

related to the issue raised in the before any court as required under the
subsequent criminal action, and conditions hereinafter specified.
(b) the resolution of such issue determines
whether or not the criminal action may Forms:
proceed. (a) Corporate surety – Any domestic or foreign
corporation, licensed as a surety in
accordance with law and currently
Preliminary Investigation (Rule 112) authorized to act as such, may provide bail
by a bond subscribed jointly by the accused
and an officer of the corporation duly
A preliminary investigation is required to be authorized by its board of directors
conducted before the filing of a complaint or
information for an offense where the penalty (b) Property bond – A property bond is an
prescribed by law is at least four (4) years, two undertaking constituted as lien on the real
(2) months and one (1) day without regard to property given as security for the amount of
the fine. (Sec. 1) the bail. Within ten (10) days after the
approval of the bond, the accused shall
cause the annotation of the lien on the
certificate of title on file with the Register of
Arrest (Rule 113)
Deeds if the land is registered, or if
unregistered, in the Registration Book on the
Arrest – is the taking of a person into custody in space provided therefor, in the Registry of
order that he may be bound to answer for the Deeds for the province or city where the land
commission of an offense. lies, and on the corresponding tax
• An arrest is made by an actual restraint of a declaration in the office of the provincial, city
person to be arrested, or by his submission to the and municipal assessor concerned.
custody of the person making the arrest.
• No violence or unnecessary force shall be used in (c) Cash deposit – The accused or any person
making an arrest. The person arrested shall not be
acting in his behalf may deposit in cash with
subject to a greater restraint than is necessary for
his detention. the nearest collector or internal revenue or
provincial, city, or municipal treasurer the
amount of bail fixed by the court, or
Arrest without warrant, when lawful:
recommended by the prosecutor who
(a) When, in his presence, the person to be
investigated or filed the case. Upon
arrested has committed, is actually
submission of a proper certificate of deposit
committing, or is attempting to commit an
and a written undertaking showing
offense;
compliance with the requirements of Section
(b) When an offense has just been committed,
2 Rule 114, the accused shall be discharged
and he has probable cause to believe based
from custody. The money deposited shall be
on personal knowledge of facts or
considered as bail and applied to the
circumstances that the person to be arrested
payment of fine and costs while the excess,
has committed it; and
if any, shall be returned to the accused or to
(c) When the person to be arrested is a prisoner
whoever made the deposit.
who has escaped from a penal
establishment or place where he is serving
(d) Recognizance – Whenever allowed by law
final judgment or is temporarily confined
or Rules of Court, the court may release a
while his case is pending, or has escaped
person in custody to his own recognizance
while being transferred from one
or that of a responsible person.
confinement to another.

In cases falling under paragraph (a) and (b) above, When to bail:
the person arrested without a warrant shall be (a) Before or after conviction by the
forthwith delivered to the nearest police station or jail Metropolitan Trial Court, Municipal Trial
and shall be proceeded against in accordance with Court, Municipal Trial Court in Cities, or
section 7 of Rule 112. Municipal Circuit Trial Court, and

(b) Before conviction by the Regional Trial


Bail (Rule 114) Court of an offense not punishable by
death, reclusion perpetua, or life
Bail is the security given for the release of a imprisonment.
person in custody of the law, furnished by him or
a bondsman, to guarantee his appearance

Notes By: ENGR. JESSIE A. SALVADOR,MPICE http://twitter.com/engrjhez Page 2


2013 CRIMINAL PROCEDURE (MIDTERMS) | ARELLANO UNIVERSITY SCHOOL OF LAW

Rights of the Accused (Rule 115) places, solitary, incommunicado, or other


similar forms of detention are prohibited.
Section 1. Rights of accused at the trial. — In all criminal 3. Any confession or admission obtained in
prosecutions, the accused shall be entitled to the following violation of this or Section 17 hereof shall be
rights: inadmissible in evidence against him.
(a) To be presumed innocent until the contrary is 4. The law shall provide for penal and civil
proved beyond reasonable doubt. sanctions for violations of this Section as well
(b) To be informed of the nature and cause of the as compensation to the rehabilitation of
accusation against him. victims of torture or similar practices, and their
(c) To be present and defend in person and by families.
counsel at every stage of the proceedings, from
arraignment to promulgation of the judgment. The Section 13. All persons, except those charged with offenses
accused may, however, waive his presence at the punishable by reclusion perpetua when evidence of guilt is
trial pursuant to the stipulations set forth in his bail, strong, shall, before conviction, be bailable by sufficient
unless his presence is specifically ordered by the sureties, or be released on recognizance as may be
court for purposes of identification. The absence of provided by law. The right to bail shall not be impaired even
the accused without justifiable cause at the trial of when the privilege of the writ of habeas corpus is
which he had notice shall be considered a waiver suspended. Excessive bail shall not be required.
of his right to be present thereat. When an
accused under custody escapes, he shall be Section 14.
deemed to have waived his right to be present on 1. No person shall be held to answer for a criminal
all subsequent trial dates until custody over him is offense without due process of law.
regained. Upon motion, the accused may be
allowed to defend himself in person when it 2. In all criminal prosecutions, the accused shall be
sufficiently appears to the court that he can presumed innocent until the contrary is proved,
properly protect his right without the assistance of and shall enjoy the right to be heard by himself
counsel. and counsel, to be informed of the nature and
(d) To testify as a witness in his own behalf but cause of the accusation against him, to have a
subject to cross-examination on matters covered speedy, impartial, and public trial, to meet the
by direct examination. His silence shall not in any witnesses face to face, and to have compulsory
manner prejudice him. process to secure the attendance of witnesses
(e) To be exempt from being compelled to be a and the production of evidence in his behalf.
witness against himself. However, after arraignment, trial may proceed
(f) To confront and cross-examine the witnesses notwithstanding the absence of the accused:
against him at the trial. Either party may utilize as Provided, that he has been duly notified and his
part of its evidence the testimony of a witness who failure to appear is unjustifiable.
is deceased, out of or can not with due diligence
be found in the Philippines, unavailable or Section 15. The privilege of the writ of habeas corpus shall
otherwise unable to testify, given in another case not be suspended except in cases of invasion or rebellion,
or proceeding, judicial or administrative, involving when the public safety requires it.
the same parties and subject matter, the adverse
party having the opportunity to cross-examine him. Section 16. All persons shall have the right to a speedy
(g) To have compulsory process issued to secure the disposition of their cases before all judicial, quasi-judicial, or
attendance of witnesses and production of other administrative bodies.
evidence in his behalf.
(h) To have speedy, impartial and public trial. Section 17. No person shall be compelled to be a witness
(i) To appeal in all cases allowed and in the manner against himself.
prescribed by law.
Section 18.
1. No person shall be detained solely by reason of
Rights of the Accused his political beliefs and aspirations.
(under the 1987 Constitution) 2. No involuntary servitude in any form shall exist
except as a punishment for a crime whereof the
Section 12.1 party shall have been duly convicted.
1. Any person under investigation for the
commission of an offense shall have the right Section 19.
to be informed of his right to remain silent and 1. Excessive fines shall not be imposed, nor cruel,
to have competent and independent counsel degrading or inhuman punishment inflicted.
preferably of his own choice. If the person Neither shall death penalty be imposed, unless, for
cannot afford the services of counsel, he must compelling reasons involving heinous crimes, the
be provided with one. These rights cannot be Congress hereafter provides for it. Any death
waived except in writing and in the presence of penalty already imposed shall be reduced to
counsel. reclusion perpetua.
2. No torture, force, violence, threat, intimidation, 2. The employment of physical, psychological, or
or any other means which vitiate the free will degrading punishment against any prisoner or
shall be used against him. Secret detention detainee or the use of substandard or inadequate
penal facilities under subhuman conditions shall
be dealt with by law.
1 Rights of the accused under custodial investigation

Notes By: ENGR. JESSIE A. SALVADOR,MPICE http://twitter.com/engrjhez Page 3


2013 CRIMINAL PROCEDURE (MIDTERMS) | ARELLANO UNIVERSITY SCHOOL OF LAW

Section 20. No person shall be imprisoned for debt or non- Pre-trial (Rule 118)
payment of a poll tax.
Section 1. Pre-trial; mandatory in criminal cases. — In all
Section 21. No person shall be twice put in jeopardy of
criminal cases cognizable by the Sandiganbayan, Regional
punishment for the same offense. If an act is punished by a
Trial Court, Metropolitan Trial Court, Municipal Trial Court in
law and an ordinance, conviction or acquittal under either
Cities, Municipal Trial Court and Municipal Circuit Trial
shall constitute a bar to another prosecution for the same
Court, the court shall after arraignment and within thirty (30)
act.
days from the date the court acquires jurisdiction over the
person of the accused, unless a shorter period is provided
for in special laws or circulars of the Supreme Court, order a
Arraignment (Rule 116) pre-trial conference to consider the following:
(a) plea bargaining;
(b) stipulation of facts;
Arraignment – is the formal mode of (c) marking for identification of evidence of the
implementing the constitutional right of the parties;
accused to be informed of the nature of the (d) waiver of objections to admissibility of evidence;
(e) modification of the order of trial if the accused
accusation against him. (People vs. Pangilinan, 518
admits the charge but interposes a lawful defense;
SCRA 368)
and
(f) such other matters as will promote a fair and
expeditious trial of the criminal and civil aspects of
Motion to Quash (Rule 117) the case.

Section 1. Time to move to quash. — At any time before


entering his plea, the accused may move to quash the
Trial (Rule 119)
complaint or information.
Section 11. Order of trial. — The trial shall proceed in the
Section 2. Form and contents. — The motion to quash shall
following order:
be in writing, signed by the accused or his counsel and shall
(a) The prosecution shall present evidence to prove
distinctly specify its factual and legal grounds. The court
the charge and, in the proper case, the civil
shall consider no ground other than those stated in the
liability.
motion, except lack of jurisdiction over the offense charged.
(b) The accused may present evidence to prove his
(2a)
defense, and damages, if any, arising from the
issuance of a provisional remedy in the case.
Grounds for Motion to Quash (c) The prosecution and the defense may, in that
(a) That the facts charged do not constitute order, present rebuttal and sur-rebuttal evidence
unless the court, in furtherance of justice, permits
an offense;
them to present additional evidence bearing upon
(b) That the court trying the case has no the main issue.
jurisdiction over the offense charged; (d) Upon admission of the evidence of the parties, the
(c) That the court trying the case has no case shall be deemed submitted for decision
unless the court directs them to argue orally or to
jurisdiction over the person of the submit written memoranda.
accused; (e) When the accused admits the act or omission
(d) That the officer who filed the information charged in the complaint or information but
had no authority to do so; interposes a lawful defense, the order of trial may
be modified.
(e) That it does not conform substantially to
the prescribed form;
(f) That more than one offense is charged
except when a single punishment for Judgment (Rule 120)
various offenses is prescribed by law;
(g) That the criminal action or liability has Judgment – is the adjudication by the court that
been extinguished; the accused is guilty or not guilty of the offense
(h) That it contains averments which, if true, charged and the imposition on him of the proper
would constitute a legal excuse or penalty and civil liability, if any. It must be written
justification; and in the official language, personally and directly
(i) That the accused has been previously prepared by the judge and signed by him and
convicted or acquitted of the offense shall contain clearly and distinctly a statement of
charged, or the case against him was the facts and the law upon which it is based.
dismissed or otherwise terminated
without his express consent.

Notes By: ENGR. JESSIE A. SALVADOR,MPICE http://twitter.com/engrjhez Page 4


2013 CRIMINAL PROCEDURE (MIDTERMS) | ARELLANO UNIVERSITY SCHOOL OF LAW

Contents of the judgment Sec. 2. Determination of applicability. — Upon the filing


of a civil or criminal action, the court shall issue an order
If conviction, it shall state:
declaring whether or not the case shall be governed by this
(1) the legal qualification of the offense Rule A patently erroneous determination to avoid the
constituted by the acts committed by application of the Rule on Summary Procedure is a ground
the accused and the aggravating or for disciplinary action.
mitigating circumstances which
attended its commission; Prohibited Pleadings and Motions
(2) the participation of the accused in the (a) Motion to dismiss the complaint or to
offense, whether as principal, quash the complaint or information
accomplice, or accessory after the fact; except on the ground of lack of
(3) the penalty imposed upon the accused; jurisdiction over the subject matter, or
and failure to comply with the preceding
(4) the civil liability or damages caused by section;
his wrongful act or omission to be (b) Motion for a bill of particulars;
recovered from the accused by the (c) Motion for new trial, or for
offended party, if there is any, unless reconsideration of a judgment, or for
the enforcement of the civil liability by a opening of trial;
separate civil action has been reserved (d) Petition for relief from judgment;
or waived. (e) Motion for extension of time to file
pleadings, affidavits or any other paper;
If acquittal, it shall state: (f) Memoranda;
(1) whether the evidence of the prosecution (g) Petition for certiorari, mandamus, or
absolutely failed to prove the guilt of the prohibition against any interlocutory
accused, or order issued by the court;
(2) merely failed to prove his guilt beyond (h) Motion to declare the defendant in
reasonable doubt. default;
(i) Dilatory motions for postponement;
In either case, the judgment shall determine if (j) Reply;
the act or omission from which the civil liability (k) Third party complaints;
might arise did not exist. (l) Interventions.

Summary Procedure Ordinary Procedure Summary Procedure


Preliminary investigation Preliminary investigation
Applicability is either mandatory or is not applicable
discretionary
Section 1. Scope – This rule shall govern the summary The prosecutor The court dismisses the
procedure in Metropolitan Trial Courts, the Municipal Trial dismisses the complaint complaint or information
Courts in Cities, the Municipal Trial Courts, and the or by non-filing of its if it finds no cause or
Municipal Circuit Trial Courts in the following cases falling
information ground
within their jurisdiction:
(1) Violations of traffic laws, rules and regulations; Plea of guilty still Plea of guilty shall
(2) Violations of the rental law; necessitates admission forthwith be sentenced
(3) Violations of municipal or city ordinances; of evidence and trial accordingly
(4) All other criminal cases where the penalty Plea of guilty to a lesser Plea of guilty to a lesser
prescribed by law for the offense charged is offense shall be during offense shall be during
imprisonment not exceeding six months, or a fine arraignment preliminary conference
not exceeding (P1,000.00), or both, irrespective of
other imposable penalties, accessory or otherwise,
Direct examination shall Affidavits submitted by
or of the civil liability arising therefrom: Provided, be obtained through the parties shall
however, that in offenses involving damage to testimonies of witnesses constitute direct
property through criminal negligence, this Rule examination
shall govern where the imposable fine does not Warrant of arrest is Order of arrest is issued
exceed ten thousand pesos (P10,000.00). issued to the accused to the accused
Most pleadings are Prohibited several
This Rule shall not apply to a civil case where the plaintiffs
cause of action is pleaded in the same complaint with
acceptable upon the pleadings, motions or
another cause of action subject to the ordinary procedure; discretion of the court petitions (see prohibited
nor to a criminal case where the offense charged is pleadings above)
necessarily related to another criminal case subject to the
ordinary procedure. End of Topic for Midterm Purposes

Notes By: ENGR. JESSIE A. SALVADOR,MPICE http://twitter.com/engrjhez Page 5

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