Chapter 1

Concept of Criminal Procedure

Criminal procedure treats of the series of processes by which the criminal laws are
enforced and by which the State prosecutes persons who violate the penal laws.

While criminal laws define crimes and prescribe punish crimes, criminal procedure lays
down the procedure for such processes by which an offender is made to answer for the
violation of the criminal laws

Criminal procedure is a “generic term to describe the network of laws and rules which governs
the procedural adminstration of justice”

The adversarial or Accusatorial system

- Two-sided structure consisting of the prosecution and the defense where each side tries
to convince the court that its position is the correct version of the truth.
o Starts with a formal indictment: (a) complaint or (b) information
o Proven beyond reasonable doubt (consti provision)

The adversarial system should be distinguished from the inquisitorial system where the
court plays a very active role and is not limited to the evidence presented before it.
- The court may utilie evidence gathered outside the court.

Construction of the Rules on the Criminal Procedure = Liberal construction

Due process in a criminal proceeding requirements:

(A) That the court or tribunal trying the case is properly clothed with judicial power to hear
and determine the matter before it;
(B) That jurisdiction is lawfully acquired by it over the person of the accused;
(C) That the accused is given the opportunity to be heard; and
(D) That the judgement be rendered only upon lawful hearing.

Requisites for the exercise of criminal jurisdiction

Jurisdiction is the right to act or the power and authority to hear and determine a cause, a
question of law. The term imports the power and authority to hear and determine issues
of facts and of law, the power to inquire in to the facts, to apply the law and to
pronounce the judgment.

criminal jurisdiction is the authority to hear and try a particular offense and impose the
punishment for it
There must be jurisdiction over the following:
A. Subject matter;
B. Territory; and
C. Person of the accused.

Jurisdiction over the subject matter

- Refers to the authority of the court to hear and determine a criminal case
- The power to hear and determine cases of the general class to which the proceedings
in question belongs.
- It is the power to deal with the general subject involved in the action; jurisdiction of
the class of cases to which the particular case belongs.
- Jurisdiction over a subject matter is conferred by law(by statute or constitution.
(Conferment must be clear it cannot be presumed.
a. How jurisdiction over the subject matter is determined
- Determined by the allegations in the complaint or information.
- In cases cognizable by the Sandiganbayan the following are sine qua non
o Nature of the offense
o Position occupied by the accused

Jurisdiction over the person of the accused

- requires that "the person charged with the offense must have been brought in to its
forum for trial,
a. forcibly by warrant of arrest or;
b. upon his voluntary submission to the court
Jurisdiction over the territory
- requires that the essential elements (at least one) of the offense must have been
committed within the court’s territorial jurisdiction
o to be determined by the facts alleged in the Complaint or Information
- Purpose = to create convenience for the private complainant or persons prosecuting the
case
- If the court has no jurisdiction, the court should dismiss the case for want of jurisdiction
- Art 2 = offenses not committed within its territorial jurisdiction but the court has
jurisdiction

Statute applicable to criminal action

- It is a hornbook doctrine that jurisdiction to try a criminal action is determined by the
law in force at the time of the institution of the action
o Not during arraignment of the accused
Use of the imposable penalty in jurisdiction
- The penalty which may be imposed upon the accused by law, on the basis of the facts
alleged in the information or complaint.
Principle of adherence of jurisdiction or continuing jurisdiction
-The jurisdiction once vested, cannot be withdrawn or defeated by a subsequent valid
amendment of the information
-It cannot also be lost by a new law amending the rules of jurisdiction.
- EXCEPTION: (1) When a statute expressly so provides

Continuing jurisdiction because as a general principle that once a court has acquired
jurisdiction, that jurisdiction continues until the court has done all that it can do in the exercise
of that jurisdiction

Dismissal on jurisdictional grounds; special appearance

1. When there is an objection based on the ground that the court lacks jurisdiction over
the subject matter, it may be raised or considered motu proprio by the court at any
stage of the proceedings or on appeal.
2. A special appearance before the court to challenge jurisdiction over the person is not
equal to
a. Estoppel
b. Waiver of the objection
c. And is not a voluntary submission to the jurisdiction of the court
Raising the issue of jurisdiction for the first time in the Supreme Court
-An accused is not precluded from raising the issue of jurisdiction of the trial court over the
offense charged because the issue may be raised or considered motu proprio by the
court at any stage of the proceedings or on appeal.
- After voluntarily submitting a cause and encountering an adverse decision on the merits, it is
too late for the loser to question the jurisdiction or power of the court by reasons of public
policy (i.e. costs of litigation)

Criminal jurisdiction over the person of the accused

-acquired upon his:
1. Arrest or apprehension, with or without a warrant
2. Voluntary appearance or submission to the jurisdiction of the court.

As a general rule, seeking affirmative relief is considered a submission to the jurisdiction of the
court.

Giving or posting of a bail by the accused is tantamount to submission of his person to the
jurisdiction of the court.

Making a special appearance in court to question the jurisdiction of the court over the
person of the accused is not a voluntary appearance as when in a criminal case a motion to
quash is filed precisely on that ground.

Custody of the law is not equal to being under the jurisdiction of the court. Because one can
file a motion to quash.
Injunction to restrain criminal prosecution
As a general rule, the court will not issue writs of prohibition or injunction to enjoin or restrain
criminal prosecution. Except:

(1) when the injunction is necessary to afford adequate protection to the constitutional rights
of the accused;
(2) when it is necessary for the orderly administration of justice or to avoid oppression
or multiplicity of actions;
(3) when there is a prejudicial question which is subjudice;
(4) when the acts of the officer are without or in excess of authority;
(5) where the prosecution is under an invalid law, ordinance or regulation;
(6) when double jeopardy is clearly apparent;
(7) where the Court has no jurisdiction over the offense;
(8) where it is a case of persecution rather than prosecution;
(9) where the charges are manifestly false and motivated by the lust for vengeance; and
(10) when there is clearly no prima facie case against the accused and a motion to quash
on that ground has been denied.

II. Criminal Jurisdiction of Courts

A. Criminal Jurisdiction of the Municipal Trial Court, Municipal Circuit Trial Court, and
Metropolitan Trial Court
See page 21

III. Synopsis of the Criminal Litigation Process

The criminal litigation process presupposes the prior commission of a crime or at least a
perception that a crime has been committed. There can be no criminal action unless a crime is
believed to have been committed.

R.A. 7160 establishes the rule that the referral of a case to the Lupon for conciliation or
settlement is required before a complaint, petition or action is filed in court. The
invocation of judicial authority shall be allowed only if a certification is issued by the
proper barangay official that judicial intervention may now be availed of because the desired
conciliation or settlement was not reached.
- No need to go through the Barangay conciliation when the penalty prescribed by law for the
alleged offenses is at least 4 years 2 months and 1 day. The Rules on Criminal Procedure
begins to start when a complaint is filed before an authorized officer for the purpose of
conducting a preliminary investigation to determine if a crime has been committed.
- No need preliminary investigation when below 4-2-1 rule.
- in this case the complaint or information may be filed directly with the MTC, and
constitutes a criminal action.
Chapter II Prosecution of Offense (Rule 110)
I. Institution of Criminal Actions
The purpose of criminal action is to determine:
1. If he is guilty and if so
2. Penal liability
How Criminal actions are instituted
Depends generally upon whether the offense is one which requires a preliminary investigation
(sec 1, Rule 110)
- Where a preliminary investigation is required, a criminal action is instituted by filing
the complaint with the proper officer for the purpose of conducting the requisite
preliminary investigation.
- Where a preliminary investigation is not required, a criminal action is instituted in 2
ways:
o Filing of the complaint or information directly with the MTC or MCTC
o Filing of the complaint with the office of the prosecutor (if provided in the
charter of the city)
No filing directly with the RTC because its jurisdiction covers offenses that need preliminary
investigation (4-2-1 rule found in sec1 rule 112)
- RTC = jurisdiction = offenses punishable with imprisonment of more than 6 years
(requires preliminary investigation)
- MTC = jurisdiction = offenses punishable with imprisonment not exceeding 6 years

The institution of Criminal action shall interrupt the period of prescription of the offense
charged unless otherwise provided in special laws
- Mere filing of the complaint with the PROPER officer shall interrupt the period of
prescription, except when a different rules is provided in a special law.

II. Prosecution of the Criminal Action

Who must prosecute the Criminal Action; who controls the prosecution
AS A GENERAL RULE:
A criminal Action is prosecuted under the Direction and Control of the public prosecutor.
- Rationale for the rule is because criminal offenses is an outrage against the sovereignty
of the state, therefore it follows that a representative of the state should direct and
control the prosecution
EXCEPTION:
1. The public prosecutor may turn over the actual prosecution of the criminal case to the
private prosecutor, in the exercise of his discretion, but he may at any time, take over
the actual conduct of the trial
2. In case of heavy work schedule of the public prosecutor or in the event of lack of public
prosecutor, the private prosecutor may be authorized IN WRITING by the Chief of the
prosecution office or the Regional State Prosecution to prosecute the case subject to
the approval of the court.
 a. Once so authorized, the private prosecutor can prosecute the case up to the end
of the trial, unless the authority is revoked or otherwise withdrawn. (Sec 5 Rule
110)
3. A criminal action in a Municipal Trial Court or in a Municipal Circuit Trial Court
shall also be prosecuted under the direction and control of the prosecutor (Sec. 5,
Rule 110, Rules of Court). However, when the prosecutor assigned is not available,
the action may be prosecuted by: (a) the offended party,
(b) any peace officer,
(c) or public officer charged with the enforcement of the law violated.

Appearance of a Private prosecutor

The appointment of a private prosecutor is done by the offended party and is the mode by
which the offended party intervenes in the prosecution of the offense.
- This intervention is however, only allowed where the civil action for the recovery
of the civil liability is instituted in the criminal action pursuant to Rule 111 (Sec.
16 Rule 110)
THEREFORE the private prosecutor of the offended party can no longer intervene when:
A. If the offended party waives the civil action
B. Reserves the right to institute the civil action separately
C. Institutes the civil action prior to the institution of the criminal action.
Under Sec 1 Rule 111
- When a criminal action is instituted, the civil action for the recovery of civil
liability arising from the offense charged shall be deemed instituted with the
criminal action unless
A. the offended party waives the civil action,
B. reserves the right to institute it separately or
C. institutes the civil action prior to the criminal action

Offenses arising from quasi-delict, Art. 2176, (As well as Arts 32,33,34) are not deemed
instituted with the criminal action.

The executive department is accountable for the prosecution of crimes.

Prosecution for violation of special laws shall be prosecuted pursuant to the provisions of said
special law (sec 5, rule 110)

III. Intervention of the offended party in the prosecution of the criminal action
See sec 16, Rule 110
The civil liability for a crime includes (Art. 104 RPC)
1. restitution,
2. reparation of the damage caused and
3. indemnification for consequential damages
By virtue of Sec. 16 of Rule 110 in relation to Sec. 1 of Rule 111, for the offended party to
acquire the right to intervene in the prosecution of the offense, it is necessary that the civil
action for the recovery of the civil liability be instituted with the criminal action. This does
not apply when:
A. The offended party waives the civil action
B. When the offended party reserves the right to institute it separately
C. When the offended party instituted the civil action before the institution of the criminal
action.

There are however, cases where the criminal action also gives rise to an independent civil
action as in crimes in involving physical injuries, fraud or defamation(Art 33) or when the
act constituting a crime also constitutes a quasi-delict because they do not arise from the
offense charged.’

IV. Prosecution of “private crimes”

Prosecution of adultery and concubinage (Sec 5, rule 110)
- Can only be prosecuted upon the filing of the offended spouse.
- Must be instituted against both guilty parties, unless one of them is no longer alive.
- Cannot be instituted if it is shown that the offended party has consented to the offense
or has pardoned the offenders.
Prosecution of seduction, abduction and acts of Lasciviousness
1. Must be a complaint filed by the offended party or:
a. Parents
b. Grandparents
c. Guardian
- But can no longer be filed if any of them abovementioned had pardoned the offender
- If the offended party died or becomes incapacitated and non of the people mentioned
above are present then the STATE shall initiate the criminal action in her behalf
- Under sec 5, rule 110, even an offended party who is a minor can initiate the
prosecution of the offense, independently.

Prosecution of defamation
- Under sec 5 rule 110, the defamation consists under this rule are:
o Adultery, concubinage, seduction, abduction, and acts of lasciviousness
- Instituted by the offended party only

V. The complaint and information

A complaint is a sworn written statement charging a person with an offense, subscribed by
the offended party, any peace officer, or other public officer, charged with the enforcement
of the law violated (sec 3, rule 110)
- A statement charging a person with an offense.
- The statement must be SWORN (under oath) and WRITTEN
- Subscribed only by:
o The offended party
 o Or Any peace officer
o Or other public officer charged with the enforcement of the law violated.
- Private offended parties have limited roles in criminal cases. THEY are only witnesses
for the prosecution. HOWEVER, the private offended may appeal the civil aspect of the
case

Meaning of “information”
An information is an accusation in writing charging a person with an offense subscribed
by the prosecutor and filed with the court
- An information is an accusation in writing, and it is not required to be “sworn” unlike a
complainant.
- Only prosecutors can subscribe to the information.
- Must be in writing

Sufficiency of the complaint or information. (NDANAP)

It is sufficient if it contains the ff:
1. Name of the accused (if committed by multiple, all of them shall be included)
2. Designation of the offense given by statute
3. Acts or omissions complained of as constituting the offense
4. Name of the offended party
5. Approximate date of the commission of the offense
6. Place where the offense was committed.

Test of sufficiency of the complaint or information

Whether the crime is described in intelligible terms with such particularity as to apprise the
accused, with reasonable certainty, of the offense charged.
- PURPOSE: To enable the accused to prepare for his defense
An accused is deemed to have waived his right to assail the sufficiency of the information when
he voluntarily entered a plea when arraigned and participated in the trial.

Date of the commission of the offense (Sec 11, Rule 110)

- Date not necessary in the complaint or information except when the date of commission
is a material element of the offense.
Determination of the nature and character of the crime.
- The recital of the ultimate facts and circumstances in the information determines the
Nature and Character of the crime.
How to state the name of the accused (Sec 7, rule 110)
See sec 7 rule 110.
See sec 12 © Rule 110
A mistake in the name of the accused is not equiva lent, and does not nec essarily
amount to, a mistake in the identity of the accused especially when sufficient evidence is
adduced to show that the accused is pointed to as one of the perpetrators of the crime
Designation of the offense
See sec 8, rule 110
It is the facts alleged in the information that determines the true nature of the offense and not
the technical name given by the public prosecutor.

The real question is not did he commit a crime given in the law some technical and
specific name, but did he perform the acts alleged in the bod y of the information in the
manner therein set forth

“The Court ruled that the fact that the information does not specifically mention Article
249 of the Revised Penal Code as the law which defines and penalizes homicide, does
not make the information defective.”
- As long as the facts alleged in the information describes the nature of the crime, then it
is sufficient.
However, it is important to specify its qualifying and aggravating circumstances.

The accused will not be convicted of the offense proved during the trial if it was not properly
alleged in the information