Notes in Crimpro

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com/doc/132100952/Criminal-Procedure-Memory-Aide-San-Beda
Criminal procedure refers to the methods used to investigate and prosecute a crime. In addition,
criminal procedure protects the rights of the defendant.

Criminal Jurisdiction – power of the State to try and punish a person for a violation of its
penal laws.

INFORMATION VS. COMPLAINT

An information is an accusation in writing charging a person with an offense, subscribed by the


prosecutor and filed with the court (Sec. 4, Rule 110).

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).
PRELIMINARY INVESTIGATION VS. INQUEST

Preliminary investigation is an inquiry or proceeding to determine whether there is sufficient ground to


engender a well-founded belief that a crime has been committed and the respondent is probably guilty
thereof, and should be held for trial.
Except as provided in section 7 of this Rule, a preliminary investigation is required to be conducted
before the filing of a complaint or information for an offense where the penalty prescribed by law is at
least four (4) years, two (2) months and one (1) day without regard to the fine. (Sec. 1, Rule 112).

Inquest is defined as an informal and summary investigation conducted by a public prosecutor in


criminal cases involving persons arrested and detained without the benefit of a warrant of arrest issued
by the court for the purpose of determining whether said persons should remain under custody and
correspondingly be charged in court (New Rules on Inquest, DOJ Department Circular No. 61 [September
21, 1993], Sec. 1). It is imperative to first take a closer look at the predicament of both the arrested
person and the private complainant during the brief period of inquest, to grasp the respective remedies
available to them before and after the filing of a complaint or information in court.
PROBABLE CAUSE

Probable cause is defined as "the existence of such facts and circumstances as would excite the belief, in
a reasonable mind, acting on the facts within the knowledge of the prosecutor, that the person charged
was guilty of the crime for which he was prosecuted." (Jalandoni vs. Ombudsman, GR No. 211751, May
10, 2021). A finding of probable cause needs only to rest on evidence showing that more likely than not
a crime has been committed and there is enough reason to believe that it was committed by the
accused. It need not be based on clear and convincing evidence of guilt, neither on evidence establishing
absolute certainty of guilt. A finding of probable cause merely binds over the suspect to stand trial. It is
not a pronouncement of guilt.

BAIL AND ITS 4 TYPES


https://attorney.org.ph/legal-news/410-understanding-temporary-freedom-a-guide-to-
posting-bail-in-the-philippines

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 hereinafter
specified. Bail may be given in the form of (1) corporate surety, (2) property bond, (3) cash deposit, or
(4) recognizance (Sec. 1, Rule 114).

Section 2. Conditions of the bail; requirements. — All kinds of bail are subject to the following
conditions:

(a) The undertaking shall be effective upon approval, and unless cancelled, shall remain
in force at all stages of the case until promulgation of the judgment of the Regional Trial
Court, irrespective of whether the case was originally filed in or appealed to it;
(b) The accused shall appear before the proper court whenever required by the court of
these Rules;

(c) The failure of the accused to appear at the trial without justification and despite due
notice shall be deemed a waiver of his right to be present thereat. In such case, the trial
may proceed in absentia; and

(d) The bondsman shall surrender the accused to the court for execution of the final
judgment.

PRE-TRIAL

a proceeding held by a judge, arbitrator, etc., before a trial to simplify the issues of law and fact
and stipulate certain matters between the parties, in order to expedite justice and curtail costs at
the trial. https://www.dictionary.com/browse/pretrial

Section 1. Pre-trial; mandatory in criminal cases. — In all criminal cases cognizable by the
Sandiganbayan, Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court in Cities,
Municipal Trial Court and Municipal Circuit Trial Court, the court shall after arraignment and
within thirty (30) 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 pre-trial conference to consider the following:

(a) plea bargaining;

(b) stipulation of facts;

(c) marking for identification of evidence of the parties;

(d) waiver of objections to admissibility of evidence;

(e) modification of the order of trial if the accused admits the charge but interposes a
lawful defense; and

(f) such other matters as will promote a fair and expeditious trial of the criminal and civil
aspects of the case. (secs. 2 and 3, cir. 38-98)

PRE-TRIAL ORDER

After the pre-trial conference, the court shall issue an order reciting the actions taken, the facts
stipulated, and evidence marked. Such order shall bind the parties, limit the trial to matters not disposed
of, and control the course of the action during the trial, unless modified by the court to prevent manifest
injustice Sec4, Rule 118

LEADING VS. MISLEADING (Sec. 10, Rule 132)

A question which suggests to the witness the answer which the examining party desires is a
leading question. It is not allowed, except:

(a) On cross examination;

(b) On preliminary matters;

(c) When there is a difficulty is getting direct and intelligible answers from a witness who
is ignorant, or a child of tender years, or is of feeble mind, or a deaf-mute;

(d) Of an unwilling or hostile witness; or

(e) Of a witness who is an adverse party or an officer, director, or managing agent of a


public or private corporation or of a partnership or association which is an adverse party.

A misleading question is one which assumes as true a fact not yet testified to by the witness, or contrary
to that which he has previously stated. It is not allowed.

NEW TRIAL (Rule 121)

Section 1. New trial.—At any time before a judgment of conviction becomes final, the court may
on motion of the defendant, or on its own motion with the consent of the defendant, grant a new
trial.

Sec. 2. Grounds for a new trial.—The court shall grant a new trial on any of the following
grounds:(a) That errors of law or irregularities have been committed during the trial prejudicial
to the substantial rights of the defendant;(b) That new and material evidence has been discovered
which the defendant could not with reasonable diligence have discovered and produced at the
trial, and which if introduced and admitted, would probably change the judgment.

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