Beruflich Dokumente
Kultur Dokumente
1. State the rights of the accused and the remedies available in case of violation of
said rights;
2. Explain the flow of the criminal litigation process;
3. Identify the cases falling within the jurisdiction of the different courts;
4. Discuss the concepts of custodial investigation, arrest and search and seizure
vis-à-vis the rights of the accused;
5. Discuss the procedure and remedies available to the accused before the
prosecutors office;
6. Examine the validity of a search warrant;
7. Compare the rights of the accused available to the accused while under custody
of law, during his arrest, after arrest, during trial and after conviction;
8. Differentiate the remedies available to the accused while under custody of law,
during his arrest, after arrest, during trial and after conviction;
9. Apply the procedural steps to be undertaken before and after the filing of a
criminal complaint or information in court;
10.Demonstrate critical thinking including the ability to argue, objectively assess and
harmonize government’s function of maintaining peace and order and its
corresponding duty to protect the constitutional rights of its citizens.
11.Evaluate the strengths and flaws of the different institutions involved in our
criminal justice system
COURSE OUTLINE
PART I – GENERAL PRINCIPLES
E. OTHER CONCEPTS
Principal of Judicial hierarchy
Doctrine of Non-interference or judicial stability
Principle of Judicial Supremacy/Power of judicial review vs Principle of
Constitutional Supremacy
PART II – JURISDICTION
C. KINDS OF JURISDICTION
1. As to cases tried:
a) General
b) Limited / Special
2. As to nature of cause:
a) Original
b) Appellate
3. As to extent of exercise:
a) Exclusive
b) Concurrent
4. As to situs:
a) Territorial
b) Extra-territorial
C. TERRITORIAL JURISDICTION
1. Purpose
Cases:
1. PP vs Domingo Muleta, G.R. No. 130189, June 25, 1999
2. PP vs Pepino and Gomez, G.R. No. 174471, January 12, 2016
3. PP vs Adrian Guting, G.R. No. 205412, September 09, 2015
4. PP vs Lugnasin and Guerrero, G.R. No. 208404, February 24, 2016
5. PP vs Teves, G.R. No. 141767, April 2, 2001
I. Concept of Arrest
A. Definition
B. Constitutional Limitations
C. How made
D. Importance
E. General Classification of Arrest
II. Kinds of arrest
A. Whether by virtue of a warrant or without a warrant
1. Arrest without a warrant
i. When lawful – sec 5, Rule – 113
a. Caught in flagrante delicto
- Requisites
b. Hot pursuit arrest
- Requisites
- Probable cause
c. Escaped prisoner
ii. Duties of arresting officer
- Miranda Doctrine
- Art. 125 RPC
Cases:
1. Worldwide Web Corpn and Yu vs PP & PLDT, GR 161106, 1-13-14
2. Retired SP04 Laud vs PP, 11-19-14, GR 199032
3. PP vs CA, 11-27-92, GR 94396
L. WARRANTLESS SEARCH AND SEIZURE
1. Search incidental to a lawful arrest
i. Purpose
ii. Parameters / allowable scope
Cases:
1. PP vs Libnao, 395 SCRA 407
2. PP vs Breis, 8-17-15, GR 205823
3. PP vs Tuazon, 532 SCRA 152
4. Luz vs PP, 2-29-12, GR 197788
A. CONCEPT
1. Definition
2. Purposes
3. When required
4. Nature of RIGHT to a PI
5. Nature of PI
6. Quantum of evidence required
2. DUPLICITY OF OFFENSE
- Exceptions
G. Remedies before arraignment
H. Can Criminal action be restrained by injunction
I. Amendment of Information
a. Before plea
b. After plea
c. When amendment formal
d. When amendment substantial
e. Amendment as a result of supervening fact
J. SUBSTITUTION
a. Amendment vs substitution
b. Identity of 2 offenses
Cases:
1. PP vs Delfin, 7-9-14, GR 201572
2. PP vs Valdez, 1-18-12, GR 175602, GR 175602
3. PP and AAA vs CA, 2-15-15, GR 183652
4. Soriano and Ilagan vs PP, 6-30-09, GR 159517-18
5. SEC vs Interport Resources Corporation, 10-6-08, Gr 135808
I. Sources of obligations
II.Art 100 RPC
III.Implied institution of civil action in the criminal action
a. Exceptions
IV. Independent civil actions
V. Rule son filing fees
VI. Effect of judgment of acquittal on the civil liability
VII. Effect of death of accused
VIII.
IX. Consolidation of civil and criminal action – when allowed/not allowed
X. Employer’s subsidiary liability
XI. Prohibited pleadings
XII. BP 22 cases
XIII. No Double recovery (ICA and civil action arising from crime)
XIV. Role of Private Prosecutor
XV. Prejudicial questions
IV. Prejudicial questions (In rel. with Art. 36 of the Civil Code of the Philippines)
PART IX – BAIL
(Rule 114)
I. Concept
A. Definition S1
C. Forms SS10 to 15
1. Bail bond
1.1. Corporate
1.2. Property
1.3. Cash
1.4. Recognize
1. Constructive custody
Santiago v. Vasquez, 217 SCRa 633
1. Increase or reduction
M. Bail not a bar to objections on illegal arrest and lack of preliminary investigation
(S26)
Okabe v. Gutierrez, G.R. No. 150185, May 27, 2004
N. Bail v. hold departure order
II.Bail as a matter of right (S4); Bail as a matter of discretion (S5), bail not as a matter
of right and not as a matter of discretion
1.3. Rep. Act No. 9346 or An Act Prohibiting the Death Penalty
a. Act No. 4103 or the Indeterminate Service Sentence Law
2. In other non-bailable offenses (S7)
VII. Bail for Juvenile in Conflict with the Law under Rep. Act 9344 or the Juvenile and
Justice Act of 2006
PART X – QUASAR
(Rule 117)
I. Motions in general
A. Definition (S 1, Rule 15)
B. Kinds
1. Litigated
2. Ex-parte
3. Motion of course
4. Motion not of course
II.Motion to Quash
I. How made, where and when (S1 of Rule 116, Cir. 1-89, S2 of Rule 116 in rel. to Cir.
38-98)
II.Plea of guilty
V. Remedies where accused in not brought to trial within the time limit (S9)
VI. Law on speedy trial (Rep. Act No. 8493) in rel. with S16 of Rule 119 and Section 16,
Art. III, of the 1987 Constitution
VIII. Application for examination of witness for accused before trial (S12)
XIII. Discharge of accused to be state witness (S17) and (RA 6981 or the Witness
Protection, Security and Benefit Act of 1991)
You v. Hon. Presiding Judge RTC Tagaytay City, G.R. No. 142848, June 30, 2006
Soberano, et.al. v. Pp., G.R. No. 154629, October 5, 2005
XIV. When mistake has been made in charging the proper offense (S19)
XIX. Provisional Remedies in Criminal Cases (Rule 127 in rel. to Rules 57 to 61)
A. Definitions
B. Grounds
C. Purposes
D. Court/s which an grant
E. Bonds & counterbonds
F. When a available
G. How granted
H. Effectivity
I. How dissolved / discharged
I. Judgment in general
A. Concept
1. Judgment vis-à-vis decision
2. Certain concepts
2.1. Sin perjuicio judgment
2.2. Nunc pro tunc amendment
2.3. Obiter dictum
2.4. Per curiam
2.5. Mutatis mutandi
2.6. Notatu dignum
2.7. Ratio decidendi
B. Types
1. On the merits
2. By default
3. Summary judgment (Rule 35)
4. Judgment on the pleadings (Rule 34)
5. Compromise agreement
C. Judgment, definition and form (SS1, R 120, compare with S1, Rule 36)
1. In judgments of conviction
2. In judgments of acquittal
III. Judgment in case of variance between allegation and proof (S4, R120 in rel. with
S14 (3) R 110 and S19, Rule 119
Pangilinan v. CA, G.R. No. 117363, December 17, 1999
I. Judgment of Conviction
D. Appeal
1. By whom (S1, Rule 122)
2. Period to Appeal (S6, Rule 122)
3. Where to appeal (S2, Rule 122)
4. How appeal taken (S3, Rule 122, as amended by A.M. No. 00-5-03-SC Re:
Amendments to the Revised Rules of Criminal Procedure to Govern Death
Penalty Cases Resolution effective October 15, 2004)
5. Notice (SS4 & 5, Rule 122)
6. Effect of perfection of appeal, Effect of appeal by any of several accused
(S11, Rule 122)
7. Withdrawal of appeal (S12, Rule 122)
For the exclusive use of Sec. 2C, Ist Semester, AY 2014-2015
Reproduction of this course program must be with the consent of Mr. Jerico G. Gay-ya
1. Galman, et.al. v. Sandiganbayan, et.al., G.R. No. 72670, September 12, 1986,
144 SCRA 43 (1986).
2. Santiago v. Alikpala, G.R. No. 25133, September 28, 1968, 25 SCRA 356 (1968)
3. Galvez v. CA, G.R. No. 114046, October 24, 1994, 237 SCRA 685
4. Velasco v. CA, G.R. No. 118644, July 7, 1995, 245 SCRA 677
5. People v. Reynaldo de Villa, G.R. No. 124639, February 1, 2001 in rel. with In
Re: The Writ of Habeas Corpus for Reynaldo de Villa, G.R. No. 158802.
November 17, 2004
6. Barredo v. Hon. Vinarao, G.R. No. 168728, August 2, 2007
7. Go and the Pp. v. Dimagiba, G.R. No. 151876, June 21, 2005
8. Pp. v. Hon. Velasco, G.R. No. 127444, September 13, 2000
III. Rule of Procedure for Small Claims Cases (A.M. No. 08-8-7-SC as amended by A.M.
No. 09-6-8-SC)