Basic Criminal Procedure for Legal Management Majors

COMMISSION OF THE CRIME

➢ What is committed?
• General Rule: Not Exceeding Six Year –
MTC/MCTC; Six Years and more – RTC
➢ Where is it committed? If in Manila and other
chartered cities, complaint will be filed with the
Office of the Prosecutor, unless otherwise
provided.

Offender is not arrested after the Offender is arrested right after the
commission of the crime commission of the crime
Warrantless Arrest
• Example: A and B had an 1. In flagrante delicto arrest
altercation. They were 2. Doctrine of hot pursuit
eventually separated. A went 3. Escapee
home while B went to the
hospital. B sustained injuries • Example: Shoplifter in a mall;
caused by A. caught in the act – bring him
to the police station.

In this case, B will file a Complaint- Since the offender is caught in

Affidavit. [Note: Cases not requiring aflagrante, he will be brought the police
Preliminary Investigation: (1) When thestation and be detained.
penalty is less than 4 years, 2 months There he will be subjected to Inquest
and 1 day and (2) when the person is Proceeding.
arrested lawfully. It is an informal and summary
If no P/I is required, the complainant investigation conducted by a public
can file it directly with the prosecutor
prosecutor in criminal cases involving
or by filing the complaint or persons arrested and detained.
information directly with the The initial duty of the inquest officer is
MTC/MCTC. to determine if the arrest of the
detained persons was valid and in
Complaint is a sworn written statement accordance with the Rules of Court;
charging a person with an offense should the inquest officer find that the
subscribed by the offended party, any arrest was not made in accordance with
peace office, or other public officer the Rules, he shall recommend the
charged with the enforcement of the release of the person arrested.
law violated. Should it be found that the arrest was
properly effected, the officer shall ask
the detained person if he desires to
avail himself of a preliminary
investigation and if he does, he shall be
 made to execute a waiver of the
provision of Art. 125 RPC with the
assistance of a lawyer.

The Complaint-Affidavit will be filed If a Preliminary Investigation is

before the Office of the Prosecutor and requested. The Preliminary
the Public Prosecutor will conduct a Investigation may be conducted by the
Preliminary Investigation. inquest officer himself or by any other
Preliminary Investigation is an inquiry assistant prosecutor to whom the case
or proceeding to determine whether may be assigned by the city or
there is sufficient ground to engender a provincial prosecutor, which
well-founded belief that a crime has investigation shall be terminated
been committed and the respondent within 15 days from its inception.
(offender) is probably guilty thereof,
and should be held for trial. If the inquest officer finds that probable
cause exists – he shall forthwith
The respondent (offender) has the right prepare the corresponding complaint or
to submit counter-affidavit and information with the recommendation
examine the evidence submitted by the that the same be filed in court.
complainant. If the inquest officer finds no probable
cause – he shall recommend the release
The prosecutor is not mandated to of the arrested or detained persons.
require the submission of counter-
affidavits. Probable cause may then be
determined on the basis alone of the
affidavits and supporting documents of
the complainants.

Whether there is Preliminary Investigation or an Inquest Proceeding

the investigating prosecutor will recommend his finding of Probable Cause -
Filing of the Case OR Dismissal of the Complaint
BUT his recommendation will be acted upon by
the City/Provincial Prosecutor

Recommendation to file the case is Recommendation to file the case is

approved by the City / Provincial disapproved by the City / Provincial
Prosecutor Prosecutor

In both cases, the aggrieved party in the resolution of the City / Provincial
Prosecutor may file a petition for review before the DOJ.

If no petition for review is filed, then an Information if filed in Court

Or the compliant is dismissed.
The DOJ will now determine whether or not there is a Probable Cause. If the DOJ
finds no Probable Cause, then the case is dismissed.
If the DOJ finds Probable Cause then the Information is filed before the Court.

Upon determination of Probable Cause by the Prosecutor during the P/I

- There is no petition for review before the DOJ
- There is a petition for review before the DOJ but the DOJ sustained the
finding of a Probable Cause

FILING OF INFORMATION IN COURT

Information is an accusation in writing charging a person with an offense
subscribed by the prosecutor and filed by him with the court.
An information is deemed sufficient if it contains the following:
1. Name of the accused, if the offense is committed by more than one person,
all of them shall be included in the information.
2. Designation of the offense given by the 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; and
6. Place where the offense was committed.

Once it is filed in Court, the Judge will

determine the Probable Cause for
issuance of Warrant of Arrest.
This refers to facts and circumstances
which would lead a reasonably discreet
and prudent man to believe that an
offense has been committed by the
person ought to be arrested. It requires
neither absolute certainty nor clear and
convincing evidence of guilt. The test
for issuing a warrant of arrest is less
stringent than that used for
establishing guilt of the accused.

BAIL

If warrant of arrest is issued, the accused can file for Bail.

Bail is the security given for the release of a person in custody of the law, furnished
by him or a bondsman, to guarantee his appearance before any court as required
under the conditions prescribed under the rules.

ARRAIGNMENT
 PLEA OF GUILTY PLEA OF NOT GUILTY

If the Accused plead Guilty, the Court If the Accused plead Not Guilty, then we
will determine the voluntariness of the will have Pre-Trial and Trial.
plea and determine the culpability of the
accused.

JUDGEMENT
After plea of guilty, judgement.
After trial, judgement

ACQUITTAL CONVICTION
If the Accused is acquitted, the judgment If the Accused is convicted, he may file a
is final and executory. Motion for Reconsideration or a Motion
for New Trial.
Reference: Or exhaust the remedy of Appeal.
Rules of Court If the judgment of conviction is reversed,
UST Golden Notes Remedial Law then the judgement is final and
If you have read the foregoing Lecture executory.
Notes, kindly email me at If the judgment of conviction is affirmed,
[email protected] and simply send then the Accused will serve his sentence
the message: DONE READING THE accordingly.
CRIMPRO NOTES. Deadline: February
1, 2022 6:00 PM
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The Acquittal of the accused does not

necessarily mean that he is not civilly
liable. Civil liability may arise even if
the accused in not criminally liable.

Remember that the proof beyond

reasonable doubt is needed to prove the
guilt of an accused. This degree of proof
is not required to determine civil
liability.