Criminal Procedure Reviewer

CRIMINAL PROCEDURE
Atty Cayco
T 5:30 – 8:30pm
HH 204

BASIC CONCEPTS (RIANO)

Crimpro – network of laws and rules w/c governs the procedural administration of justice.
Procedural law as applied to crim law. Lays down process by w/c an offender is made to answer for
crime committed. Ultimate goal of harmonizing the gov’tal fxns of maintaining peace and order and
protecting the constitutional rights of its citizens
Crim law – defines and crimes and prescribes punishment

 System of procedure is accusatorial or adversarial

o 2 parties before the court w/c hears them and impartially renders judgement only
after trial
 Rules on crim pro shall be liberally construed in order to promote their objective of securing
a just, speedy and inexpensive disposition of every action and proceeding

Jurisdiction – right to act or power and authority to hear and determined a cause. Question of law.
Hear and determine issues of fact and law, inquire into facts, apply law and pronounce judgment.
Must exist as a matter of law

Requisites for acquiring jurisdiction (SUBJECT MATTER, ACCUSED, TERRITORY)

1. Over the subject matter

 Refers to the authority of the court to hear and determine a particular criminal case.
It is the jurisdiction over the offense charged
 Law confers jurisdiction over subject matter and not the rules. Any judgment, order,
resolution issued without law is void and has no effect
 Cant be conferred upon the court by the accused, express waiver since it is conferred
by sovereign authority
 Cant be acquired through waiver or enlarged by omission of the parties or conferred
by the acquiescence of the court. Or by unilateral assumption by any tribunal
 Conferment of jurisdiction by law must be clear
 To ascertain court has juris, provisions of law shall be inquired
 Juris over crim case is determined by the allegations in the complaint or info. Info
must be looked at to know if the facts sets out and punishment provided for such
acts fall w/in the juris of the court where it is filed.
 Juris is not determined by the penalty actually imposed after trial but by the penalty
imposable by law on the offense
 Subject matter juris of a court in crim matters is measured by the law in effect at the
time of the commencement of the criminal action (law prevailing at the time of the

1
 Criminal Procedure Reviewer

filing of the complaint) rather than the law in effect at the time of the commission of
the offence charged.
 Once court acquired juris, it continues until the court has done all that it can do in
the exercise of that juris. Cant be ousted by new legislation.
o Exception:
 There is an express provision in the statute
 Stature is clearly intended to apply to actions pending before its
enactment
 Objection based on ground that court lacks juris over SM maybe raised or
considered motu proprio by the court at any state of the proceedings or appeal, even
if raised for the first time on appeal
o This is limited. Party cant invoke juris to secure affirmative relief and after
obtaining or failing to obtain such relief, repudiate or question the same.
Cant invoke then repudiate later.
 Reviewing court is not precluded from ruling that lower court had no juris over case
2. Over the territory
 Venue is jurisdictional and court is bereft of juris to try an offense committed
outside its limited territory
 Place the crime is committed determines not only the venue of action but is an
essential element of jurisdiction
 Fundamental rule in juris, offense should have been committed or any one of
essential ingredients should have taken place within territorial juris of the court
 Territorial juris – territory where the court has juris to take cognizance or try the
offense allegedly committed
 If crime committed outside of juris, court should dismiss for want to juris
3. Over the person of the accused
 Refers to the authority of the court over the person charged. Requires that the
person charged with offense must have been brought into its forum for trial by
WOA or voluntary submission.
 It is the arrest (with or w/o warrant) or voluntary appearance/submission w/c
enables the court to acquire jurisdiction over his person
 As a rule, one who seeks affirmative relief (filing pleadings) is deemed to have
submitted to the juris of the court
o Voluntary submission is accomplished either by his pleadings to the merits
such as filing a motion to quash or others requiring the exercise of court’s
juris, appears for arraignment, actively participates in trial and presents evid
for defense, filing of motion for determination of probable cause
 As an exception, making a special appearance to question the jurisdiction of the
court is not voluntary submission when a motion to quash is filed for the purpose, or
motion to quash the warrant of arrest
o Not estoppel or waiver of objection
 Juris once acquired is not lost but continues until case is terminated

2
 Criminal Procedure Reviewer

 Custody of law is required before the court can act upon application of bail but not
required for adjudication of other reliefs sought by defendant. Can be in custody but
not subject to juris of court and vice versa

 For complaint or info to be sufficient, must enable court, through allegations, determine that
the offence was committed or any element occurred at some place within the juris of the
court
 Venue of criminal cases either in court of municipality or territory:
o Offense was committed
o Any of the elements occurred

 GR: injunction will not be granted to restrain a criminal prosecution since public interest
requires crim acts be immediately investigated and prosecuted for the protection of society
(exceptions in page 36)

ON JURISDICTION

A. Supreme Court:
1. No original jurisdiction over criminal cases
2. Appellate jurisdiction:
a. By petition for review
b. By notice of appeal
B. Court of Appeals
1. No original jurisdiction
2. Appellate jurisdiction:
a. By notice of appeal
b. By petition for review

C. Sandiganbayan (PD 1606 amended by RA 7975 and 8249)

Shall have jurisdiction over:

1. Original and exclusive jurisdiction under the ff. guidelines:
a. What offense or crime was committed
i. RA 3019 – Anti graft and corrupt practices act
ii. RA 1379 – law on ill gotten wealth
iii. Chap. II, Title VII, Bk. 2 of RPC – Bribery, where one or more of
the accused are officials occupying positions in gov’t, whether
permanent, acting or interim, at the time of commission of
offense
iv. EO 1, 2, 14, 14-A – PCGG cases
v. Estafa under the Hannah Serana case, 542 SCRA, 1/22/08
vi. Falsification under the Garcia v Sandiganbayan case, 603
SCRA 348, 361

3
 Criminal Procedure Reviewer

vii. Petitions of writs of mandamus, prohibition, certiorari, habeas

corpus, injunctions and other ancilliar writs and process in aid of
its AJ and over petitions of similar nature, including quo
warranto arising under those filed under EO 1, 2, 14, 14-A,
provided not exclusive of SC
b. Who committed the offense/crime
(Sec 4. Jurisdiction)
i. (a.) Public officers in the executive, legislative and judicial
branches of the government with salary grade 27 according to
RA 6758, The Compensation and Position Classification Act of
1989
1. Executive branch: (officials from a-g doesn’t have to be
salary grade 27 – subject to juris of SB regardless of
grade)
a. Provincial governors, vice-gov, members of sangu
panlalawigan and provincial treasurers, assessors,
engineers and departmental heads
b. City mayors, vice, members of sangu panlungsod,
treasurer, assessor, engineers, dep’t heads
c. Officials of diplomatic service occupying position
of consul and higher
d. PH army and air force colonels, naval cap’t and
higher rank
e. Officers of PNP while occupying position of
provincial director and holding rank of senior
superintendent or higher
f. City and provincial prosecutors and assistants,
and officials and prosec of OMB and special
prosecutor
g. President, directors, trustees or managers of
GOCC, state u or educational
institutions/foundations
2. Chairmen and members of Consti Comms
3. All other national and local officials classified as grade 27
or higher
ii. (b) Other offenses or felonies whether simple or complex with
other crimes committed by public officials and ees mentioned in
“a” of this section in relation to office (committed crime because
of office held)
 Crimes covered are broad in meaning and not restricted
by law mentioned previously. As long as committed in
relation to office

4
 Criminal Procedure Reviewer

READ: Escobal v Garchitorena, 422 SCRA 45

iii. Private individual committing the offense/crime with public

officers

READ: People v Henry T. Go, March 25, 2014

Ramiscal v Sandiganbayan, 630 SCRA
People v Benipayo, 586 SCRA

c. How was the offense/crime committed

READ: Lacson v Executive Secretary, 301 SCRA
Sanchez v Demetriou, 227 SCRA
Hannah Serana v Sandiganbayan, 542 SCRA

2. EAJ over all cases decided by the RTC in the exercise of original or appellate
jurisdiction over cases of public officers with salary grade less than 27
charged with offenses/crimes aforementioned

 In all cases elevated to the SB and from the SB to SC, the Office of OMB through its special
prosecutor shall represent the People except in cases of EO 1, 2, 14, 14-A
 In case private individuals are charged with public officers or ees, including from GOCC, tried
jointly with public officers in proper courts
 It is not the salary grade that determined juris of SB. It has juris over officers enumerated in
PD 1606
 To make an offense one committed in relation to office, such relation has to be such that, in
legal sense, the offense cant exist without the office. Office must be a constituent element of
the crime. Intimately connected with office of offender and perpetrated while still in
performance of duties even if public office is not element of the offense. Information must
allege.
o Direct bribery, frauds against public treasury, malversation of public funds and
property, failure of an accountable officer to render accounts, illegal use of public
funds or property or any crimes committed by public officers from Art 204-245 of
RPC
 If public office is a constituent element of the crime charged, as provided by statue, there is
no need for the info to state the specific factual allegations of the intimacy between the office
and crime charged or committed in performance of duties
 Offense is deemed committed in relation to office of the accused:
o Element of the crime charged
o Offense charged is intimately connected with the discharge of the official functions of
the accused
 Private persons may be charged in conspiracy with public officers. May still be indicted even
if the public officer died prior to the filing of the information

5
 Criminal Procedure Reviewer

 In cases were none of the accused are occupying positions corresponding to SG 27 or higher,
EOJ shall be vested in proper RTC or MTC

D. Regional Trial Court

Shall have jurisdiction over:

1. EOJ: all criminal cases which are not within the exclusive jurisdiction of any
court. The offense must carry a penalty of more than six years or prison major
2. OJ in issuance of writs of certiorari, prohibition, mandamus, quo warranto,
habeas corpus and injunction
3. Appellate jurisdiction: all criminal cases from the MTC
4. Special jurisdiction of certain branches to handle exclusively criminal cases
as may be determined by SC
5. Juris over criminal cases under specific laws:
a. Criminal and civil aspects of written defamation
b. Designated special courts over cases of Comprehensive Dangerous
Drugs Act (RA 9165)
c. Violations of intellectual property rights
d. Money laundering, however those committed by public officers and private
citizens in conspiracy, under SB
e. Election code

E. Family Courts (RA 8369)

1. Exclusive original:
a. Where a party is a minor at the time of commission
b. Violence against women and children
c. Child abuse
d. Drug cases

F. Metropolitan Municipal Trial Court/Municipal Trial Court/Municipal Circuit Trial

Court

Shall exercise jurisdiction over:

1. EOJ over all violations of city/municipal ordinances
2. EOJ over all offenses punishable with imprisonment of not more than 6 years
irrespective of the amount of fines and regardless of other imposable or
accessory penalties
3. “Except in cases falling w/in juris of RTC and SB” – MTC doesn’t always have
juris over offenses punishable by imprisonment of not more than 6 years if
law vests it with RTC or SB [ex. Libel is with RTC, direct and indirect bribery
is with SB]
4. EOJ over offenses involving damage to property through criminal negligence
5. Summary procedure in certain cases

6
 Criminal Procedure Reviewer

a.
Violations of traffic rules and regulations
b.
Rental Law
c.
BP 22
d.
Municipal or city ordinances
e.
All other crim cases where penalty is imprisonment not exceeding 6
months or fine not exceeding 1k or both
f. Damage to property with fine of not more than P10,000.00
6. Special jurisdiction to decide on applications for bail in criminal cases in
absence of all RTC judges in province or city

G. Courts of Muslim Mindanao (RA 6734 as amended by 9054)

1. Shari’ah Circuit courts
2. Shari’ah District courts
3. Shari’ah Appellate Courts
- All personal, family and property relations cases between muslims residing in the
autonomous region of muslim Mindanao
H. What are military courts? Only service-oriented cases

Note: Cybercrime Prevention Act of 2012 (RA 10175)

Disini Jr. v Secretary of Justice, 716 SCRA, Feb 18, 2017

RULE 110 – PROSECUTION OF OFFENSES

Section 1. Institution of criminal actions. — Criminal actions shall be instituted as follows:

(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 purpose of conducting the requisite
preliminary 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 with the office of the
prosecutor. In Manila and other chartered cities, the complaint shall be filed with the office of
the prosecutor unless otherwise provided in their charters.

The institution of the criminal action shall interrupt the running period of prescription of the offense
charged unless otherwise provided in special laws.

A. Institution of Criminal Actions (Sec. 1)

Purpose of crim action; role of private offended party

 To determine the penal liability of the accused for having outraged the state with his crimes.
 Parties are People of PH and accused. Private offended party is merely a witness.
 Interest of private complainant is limited to civil liability

7
 Criminal Procedure Reviewer

How is criminal action instituted

 Institution depends on whether the offense is one w/c requires PI.
o Where PI is required, crim action is instituted by filing the complaint with proper
office for purpose of PI
o Not required, instituted 2 ways:
 Filing complaint/info directly to MTC
 Filing complaint/info with office of prosec
 In Manila and charted cities, complaints filed with office of prosec unless otherwise
provided by their charters
 No direct filing of an info with RTC because juris covers offenses w/c require PI
 Direct filing occurs where PI is not necessary for offenses with penalty of less than 4 years, 2
months, 1 day which are covered by MTC. (PI for more than 4 years…)

When is it instituted
 Institution of info of the crim action shall interrupt the period of prescription of offense
unless otherwise provided in special laws
 Filing of complaint with proper officer for conduct of PI would interrupt the period. Where
PI is not necessary, filing of info/complaint directly with MTC or office of process,
interrupts period
 Running of period of prescription is interrupted with the filing of action even if the court
has no juris over the case

Who is qualified to institute it:

 Prosecuted under the direction and control of public prosecutor
 Rationale is that all criminal actions shall be prosecuted under the control of the public
prosec because the criminal offense is an outrage against the sovereignty of the State. Crime
is a breach of security and peace of the people at large
 Public prosec, in exercise of fxn, has power and discretion to:
o Determine whether prima facie case exists
o Decide w/c conflicting testimonies should be believed free from interference or
control of offended party
o Subject only to right against self-incrimination, determine w/c witness to present in
court
 Right to prosecute vests prosec with wide range of discretion. Possible exception is where
there is an unmistakable showing of GAD on part of prosec
 May turn over actual prosecution of crim case to private prosec but may, at any time, take
over the actual conduct of the trial.
 In crim action in MTC, prosecuted under the control and direction of the prosec. However,
when prosec assigned is not available, action may be prosecuted by:
o Offended party
o Peace officer

8
 Criminal Procedure Reviewer

o Public officer charged with enforcement of law violated

 In dismissal of crim case or acquittal, only OSG that may bring an appeal on the crim aspect.
If appeal is not filed by people through OSG is perforce dismissible.
o Private complainant/offended parry may file an appeal w/o OSG as to the civil
liability of accused
 People are the real parties to the case
 SolGen is regarded as appellate counsel of People and should be given opportunity to be
heard. If appellate court failed to notify SolGen, failure deprived prosec fair opportunity to
prosecute and prove its case
o Private prosec is not allowed to take a position contrary to SolGen
o Exception to SolGen represents People in CA or SC, all cases elevated to the SB and
from SB to SC, office of OMB shall represent people
 Private prosec may prosecute crim case up to end of trial, even in absence of public prosec,
if he is authorized to do so in writing. Authorization shall be given either to Chief of Prosec
Office or Regional State Prosec. Must be approved by court
o Reasons fro allowance:
 Prosec’s heavy work schedule
 Lack of public prosec
 A person convicted of a crime is both criminally and civilly liable
o Offends 2 entities:
 State and society
 Individual member of that society
 Sole purpose of civ liability is for restitution, reparation or indemnification of the private
offended party
 Because of existence of civ liability, offended party is allowed to intervene. Intervention is
only allowed if the civ action for recovery of civ liability is instituted with crim action
o Cant intervene if: (a) waives civ action; (b) reserves right to institute separately; (c)
institute civ action before crim
 Institution of independent civ action does not deprive offended party of the right to
intervene in the civ action through a private prosecutor. Certain crim action also gives rise to
an ICA such as physical injuries, fraud, or defamation or QD. Filing suit based on QD
during crim proceeding shouldn’t prevent intervention by offended party in the prosecution
of offense because there is still exists a civ liability under RPC. Source of liability doesn’t
arise from crime and not covered by RPC
 Prosecution of private crimes:
o Adultery/concubinage: shall not be prosecuted except upon complaint filed by
offended party. Case against both guilty parties
o Seduction, abduction and acts of lasciviousness: offended party, parents,
grandparents or guardian, State (successive order dapat). State if offended party
died/incapacitated and no known relatives. Offended party who is a minor may
initiate prosecution independently of relatives
o Defamation in relation to previous 2: offended party

9
 Criminal Procedure Reviewer

a. By complaint, de parte
 Is a sworn statement charging a person with an offense, subscribed by the offended
party, peace officer, other public officer, charged with the enforcement of law
violated. Must be sworn and written
 Subscribed only by any of the persons specified in the rules: offended party, peace
officer and public officer
 Filed in the name of the People of the Philippines and against all persons who
appear to be responsible for the offense involved

b. By information, de oficio
 Accusation in writing charging a person with an offense subscribed by the
prosecutor and filed in court
 While an info is an accusation in writing, it is not required to be sworn like a
complaint. Only public officer described by ROC as prosecutor is authorized to
subscribe to the info
 Filed in name of People and against all persons who appear responsible for the crime
 Allegations state here are crucial to the success or failure of crim prosecution.

Complaint v Information
 Complaint must be sworn, under oath. Info requires no oath, merely requires it be in writing
because prosec filing the info is acting under oath of his office
 Complaint or info is subscribed by: (a) offended party; (b) any peace officer; (c) public
officer charged with enforcement of law violated. While information is subscribed by the
prosecutor

 If original info was signed and filed by one with no authority to sign and file, dismissal
would not bar to a subsequent prosecution under a valid information. Jeopardy doesn’t
attach

Jimenez v Sorongon, 687 SCRA 151

10
 Criminal Procedure Reviewer

B. Sufficiency of Complaint or information (Sec 6)

- Name of accused
- Name of offended party
- Name of offense
- Cause of accusation: qualifying and aggravating circumstances
- Place of commission
- Date of commission

People v Valdez, 663 SCRA 272

Miguel v Sandiganbayan, 675 SCRA 560
People v Soria, 685 SCRA 483

C. Amendment v Substitution (Sec 14)

- Distinguish
- Compare with rule 10

D. Place where action is to be instituted (Sec 15)

- Venue is jurisdiction in criminal cases

Union Bank v People, 667 SCRA 113

E. Intervention of the offended party (Sec 16)

- Compare with rule 19

RULE 111 – PROSECUTION OF CIVIL ACTION

A. Civil liability arising from the offense is deemed instituted (Sec 1)

- Exceptions: waiver, reservation, prior institution (WaRP)
- On filing fees; counterclaim, cross claim, 3rd party complaint
- Compare with sec 7, 8, 11 of Rule 6
- Peculiar nature of B.P. 22

Solidum v People, 718 SCRA 263

Castillo v Salvador, July 2014

B. Suspension of Civil Action (Sec. 2)

- When suspended; consolidated
- What is the bar rule in Amparo and Habeas Data

Lim v Kou Co Ping, 679 SCRA 114

C. Independent civil action (Sec. 3)

11
 Criminal Procedure Reviewer

- Articles 32, 33, 34 and 2176

Casupanan v Laroya, 388 SCRA 28

Caterpillar, Inc v Samson, 808 SCRA 309, Nov 9, 2016

D. Effect of death on the civil action (Sec 4)

- Compare with sec 17, 18 and 20 of Rule 3

READ: People v Romero, 306 SCRA 90

E. Prejudicial question (sec 6 and 7)

Magistrado v People, 527 SCRA 125

Pimentel v Pimentel, 630 SCRA 436
J.M. Dominguez v Liclican, 764 SCRA 338, July 28, 2015)

RULE 112 – PRELIMINARY INVESTIGATION

A. Definition/Description
- When a matter of right
- Distinguish from preliminary examination

Fenequito v Vergara, Jr., 677 SCRA 113

Burgundy Realty Corporation v Reyes, 687 SCRA 524

B. Who may conduct P. I.

Abanado v Bayona, 677 SCRA 595

Heirs of Nestor Tria v Obias, 635 SCRA 91

C. Procedure in Metro Manila v outside Metro Manila

Uy v Javellana, 608 SCRA 13

D. What is Inquest
- When applied
- Waiver of Art 125 of RPC

People v Valencia, 214 SCRA 89

E. Quantum of evidence
- Probable cause v prima facie

12
 Criminal Procedure Reviewer

PCGG v Navarro-Gutierrez, 773 SCRA

De Lima v Reyes, 779 SCRA

RULE 113 – ARREST

A. Definition
- How made, when, time, method
- Who may arrest

B. Warrantless Arrests (Sec 5)

1. In flagrante delicto rule
2. Hot pursuit rule
3. “Escape” rule
4. “Absconding” rule (sec 23, par 2, rule 114)

Procedure: delivery to the nearest police station/precinct

Saraun v People, 781 SCRA, Jan 25, 2016

Comerciante v People, 763 SCRA 587
Luz v People, 667 SCRA 421
Antiquera v People, 712 SCRA, Dec 11, 2013
People v Vasquez, 714 SCRA, Jan 15, 2014

READ: RA 7438 – The Rights of Persons Arrested

RULE 114 – BAIL

A. Definition/Description
B. Conditions/Requirements
- Effective upon approval and shall remain in force at all stages of the proceedings
until promulgation of judgment by the RTC
- When appearance is required

C. When:
- Bail is a matter of right; matter of discretion
- Bail as a constitutional right

D. Kinds:
1. Corporate surety
2. Property bond
3. Cash bond

13
 Criminal Procedure Reviewer

4. Recognizance: is an obligation of record entered into before some court or

magistrate duly authorized to take it, with the condition to do some particular
act particularly the appearance of the accused for trial

E. Amount of bail; guidelines

F. Where to file bail
- RTC; MTC exercising special jurisdiction

G. Forfeiture v cancellation of bail

- Forfeiture: failure to appear, jumping bail
- Cancellation: death; conviction; acquittal; dismissal

Zuno v Cabebe, 444 SCRA 382

Govt of HK Spec. Adm. Region v Olalia, 521 SCRA
Leviste v CA, 615 SCRA 619
Enrile v Sandiganbayan, 767 SCRA, Aug 18, 2015; 769 SCRA
Napoles v Sandiganbayan, 844 SCRA 244 (2017)
Altobano-Ruiz v Pichay, 856 SCRA 1

AM No. 18-07-5-SC: Rule on Precautionary Hold Departure Order, August 7, 2018

RULE 115 – RIGHTS OF THE ACCUSED

- Distinguish the constitutional from statutory rights of the accused

A. Presumption of innocence

Del Castillo v People, 664 SCRA

B. Right to be heard

Miguel v Sandiganbayan, 675 SCRA

C. Right to Counsel

People v Lara, 678 SCRA

Sanico v People, 754 SCRA

D. Right Against Self-Incrimination

People v Ayson, 175 SCRA 216

14
 Criminal Procedure Reviewer

E. Right to Speedy, Impartial and Public Trial

Villaruel v People 664 SCRA

RULE 116 – ARRAIGMENT AND PLEA

A. What is arraignment
- How; when; where; why

B. Kinds of plea:
1. Conditional
2. Unconditional
3. Negative/indirect (refusal to plead)
4. Inverted (pleads guilty with exculpatory evidence)
5. Improvident plea (not knowing fully well)

C. Plea of guilty to a capital offense v non-capital offense

- Requirements

D. Presentation or inspection of evidence in prosecution’s possession

- Modes of discovery (Rule 23-29)

E. Suspension of arraignment
1. When suffering from unsound mental condition
2. Prejudicial question
3. Petition for review
4. Absence of judicial personnel

People v Estomaca, 256 SCRA 421

People v Pangilinan, 518 SCRA 359
Daan v Sandiganbayan, 560 SCRA 233
People v Janjalani, 639 SCRA 157
ABS-CBN Corp v Gozon, 753 SCRA 1

F. Bill of Particulars

Enrile v People, 766 SCRA 1, Aug 11, 2015

RULE 117 – MOTION TO QUASH

A. Motion to quash v motion to dismiss; grounds

15
 Criminal Procedure Reviewer

B. When and how to move to quash

C. Effects when motion is granted; denied
D. Remedies against denial/grant of motion

People v Lacson, 400 SCRA 267

Panaguiton v DOJ, 571 SCRA 549
People v Dumlao, 580 SCRA 409
Soriano v People, 591 SCRA 244
Cerezo v People, 650 SCRA 222
Co v New Prosperity Plastic Products, 727 SCRA 503
People v De Leon, 754 SCRA 147

RULE 118 – PRE TRIAL

A. Pre-trial in civil cases v pre-trial in criminal cases. Distinguish

B. Non appearance at the pre-trial; effects
C. The pre-trial order; when and how done; effect of lack of order

Estipona, Jr. v Lobrigo, 837 SCRA 160, Aug 15, 2017

AM No 18-13-16-SC, Plea Bargaining Framework in drug cases, April 10, 2018

RULE 119 – TRIAL

A. The speedy trial act (RA 8493)

- The time requirement
- Exclusions
- Remedies

B. Order of trial
- Civil v criminal cases

C. Modes of discovery in criminal cases

D. The “State-Witness” rule; requirements
E. Mistake in charging the proper offenses; effects
F. Demurrer to evidence
G. Reopening v new trial

READ: Revised Guidelines for continuous trial of criminal cases

AM No 15-06-10-SC effective September 1, 2017

Salvanera v People, 523 SCRA 147

16
 Criminal Procedure Reviewer

Vda de Manguerra v Risos, 563 SCRA 471

Jimenez v People, 735 SCRA, Sept 17, 2014
People v De Grano, 588 SCRA 550
Asistio v People, April 20, 2015
Cabador v People, 602 SCRA 760
People v Tan, 625 SCRA 388
Imperial v Joson, 635 SCRA 71
People v Sandiganbayan, 645 SCRA 726
Bangayan, Jr v Bangayan, 659 SCRA
People v Jose Go, Aug 6, 2014
People v Pepino, 779 SCRA 170
People v Dominguez, 856 SCRA 109

RULE 120 – JUDGMENT

1. Nature of judgement in criminal cases v civil cases

2. Judgement of conviction v judgment of acquittal
3. Judgment for 2 or more offenses; accused
4. Promulgation, modification and entry of judgment

Llamas v CA, 601 SCRA 288

People v Monteclaros, 589 SCRA 320
Hipos, Sr v Bay, 581 SCRA 674
People v Lorenzo, 619 SCRA 389
People v Baron, 621 SCRA 646
Abellana v People, 655 SCRA 683
People v Asis, 629 SCRA 250
Basilonia v Villaruz, 765 SCRA 489
Morillo v People, 777 SCRA 207

RULE 121 – NEW TRIAL OR RECONSIDERATION

1. In civil cases v criminal cases

2. Grounds; effect

Estino v People, 584 SCRA 304

Briones v People, 588 SCRA 345
Saludaga v Sandiganbayan, 619 SCRA 364
Lumanog v People, 642 SCRA 248
Payumo v Sandiganbayan, 654 SCRA 277

17
 Criminal Procedure Reviewer

RULES 122 – 125 – APPEALS

1. Appeals in civil cases v appeals in criminal cases

2. Similarities and differences

Macapagal v People, 717 SCRA 425, Feb 26, 2014

People v Morales, 616 SCRA 223
Quidet v People, 618 SCRA 1
Balaba v People, 593 SCRA 210
People v Olivo, 594 SCRA 77
Guash v Dela Cruz, 589 SCRA 297
People v Taruc, 579 SCRA 682
Tiu v People, 586 SCRA 118
Colinares v People, 662 SCRA 266 (probation law)
Villareal v People, 743 SCRA
Dungo v People, 761 SCRA 375
Manansala v People, 777 SCRA 563

RULE 126 – SEARCH AND SEIZURE

1. The constitutional provision on searches and seizures

2. Search warrant v warrant of arrest
3. When searches and seizures allowed without warrants
4. Motion to quash

Miclat v People, 656 SCRA 539

People v Mariacos, 621 SCRA 327
People v Tuan, 628 SCRA 226
Esquillo v People, 629 SCRA 370
“The constitutional validity of warrantless search and seizures of prohibited drugs and
eventual arrest” – 610 SCRA 670
Marimla v People, 604 SCRA 57, Oct 16, 2009
People v Punzalan, 774 SCRA 653

RULE 127 – PROVISIONAL REMEDIES

1. Relate to Rules 57-61

2. What provisional remedies are not applicable in criminal cases

18