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CLJ 6 - Criminal Procedure
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67% found this document useful (3 votes)
11K views38 pagesCLJ 6 - Criminal Procedure
CLJ 6 - Criminal Procedure
FOLLOW FOR MORE CRIMINOLOGY HANDOUTS:
Instagram & Tiktok:
_tumangbryan
Uploaded by
Bryan John TumangCopyright
© Public Domain
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF or read online on Scribd
/ 38
ity Avenue, Caloocan City
nology Department
Criminal Procedure
Prepared by: Prof. Bryan John D. Tumang
Criminal procedure — is the method prescribed
by law for the apprehension and prosecution of
persons accused of any criminal offense and for
their punishment, in case of conviction.
What is criminal procedure concerned with?
Criminal procedure is concerned with the
procedural steps through which the criminal
cases passes, commencing with the initial
investigation of a crime and concluding with the
unconditional release of the offender. Itis a
generic term used to describe the network of
laws and rules which govern the procedural
administration of criminal justice
What are the sources of criminal procedure?
‘Spanish Law of Criminal procedure
General Order No. 58, dated April 23, 1900
‘Amendatory acts passed by the Philippine
‘Commission
‘The various quasi acts, the Philippine Bill of
1902, the Jones Law of 1916, the
‘Tydings-Mcduffie Law, and the Constitution
of the Philippines
‘The Rule of Court of 1940, and the 1964,
1985, and 1988 Rules on Criminal
Procedure
Various Republic Acts (RA 240, Judiciary Act
RA 8249 creating the Sandiganbayan,
Speedy Trial Act)
Presidential Decrees
1987 Constituion, particularly Art. Il Bill of
Rights
9. Civil Code (Art. 32, 33, 34)
10. Certain Judicial decisions.
11, RA 6393 The Speedy Trial Act,
42. Circulars
13. The Revised Rules on Criminal Procedure
(Dec 1, 2000)
What are the three systems of criminal
procedure?
> Inquisitorial — the detection and prosecution
of offenders are not left to the initiative of
private parties butto the officials and agents
of the law, Resort is made to secret inquiry to
discover the culprit, and violence and torture
are often employed to extract confessions,
The judge is not limited to the evidence
brought before him but could proceed with
his own inquiry which was not confrontative
‘Accusatorial - the accusation is exercised
by every citizen or by a member of the group
to which the injured party belongs. As the
action is @ combat between parties, the
supposed offender has the right to be
confronted by his accuser, The battle in the
form of a public tral s judged by a magistrate
who renders a verdict. The essence of the
accusatorial system is the right to be
presumed innocent. To defeat this
resumption, the prosecution must establish
proof of guilt beyond reasonable doubt
(moral certainty)
Prepared by: Prof. Bryan John D. Tumang
~
> Mixed ~ this is a combination of the
inquisitorial and accusatorial systems. The
‘examination of defendants and other
persons before the filing of the complaint or
information is inquisitorial
‘The judicial set-up in the Philippines is
accusatorial or adversary in nature. It
‘contemplates two contending parties before the
ccourt, which hears them impartially and renders
judgment only after trial
Distinguish between criminal law and
criminal procedure
Criminal law is substantive; it defines crimes,
treats of their nature, and provides for their
punishment while Criminal procedure is remedial
Or procedural; it provides for the method by
which a person accused of a crime is arrested,
tried and punished. Criminal law declares what,
acts are punishable, while criminal procedure
provides how the act is to be punished.
How are the rules of criminal procedure
construed?
The rules of criminal procedure shall be liberally
construed in favor of the accused and strictly
against the state to even the odds in favor of the
accused against whom the entire machinery of
the state is mobilized.
What is Jurisdiction?
Jurisdiction (in general) is the power or authority
given by the law to a court or tribunal to hear and
determine certain controversies. Itis the power
of courts to hear and determine a controversy
involving rights which are demandable and
enforceable.
Distinguish jurisdiction from venue
Venue is defined as the particular country or
geographical area in which a court with
jurisdiction may hear and determine a case. It
means the place of trial. On the other hand,
jurisdiction is the power of the court to decide the
case on the merits. Venue is thus procedural,
\while jurisdiction is substantive. in civil case,
venue may be waived or stipulated by the parties.
On the other hand, jurisdiction is granted by
Jaw or the Constitution and cannot be waived or
stipulated
What is criminal jurisdiction?
Criminal jurisdiction is the authority to hear and
tty a particular offense and impose the
punishment for it
What are the elements of jurisdiction in
criminal case?
1. The nature of the offense and/or the penalty
attached thereto
2. The fact that the offense has been
committed within territorial jurisdiction of the
court What are the requisites for a valid exercise of
criminal jurisdiction?
1. Jurisdiction over the person
2. Jurisdiction over the territory
3. Jurisdiction over the subject matter
What is jurisdiction over the subject matter?
Itis the power to hear and determine cases of
the general class to which the proceedings in the
question belong and is conferred by the
sovereign authority which organizes the court
and defines its powers,
Which law determines the jurisdiction of the
court- the law in force at the time of the
‘commission of the offense or the one in force
as of the time when the action if filed?
Jurisdiction is determined by the law as of the
time when the action if fled, not when the
offense was committed. The exception to this
rule is where jurisdiction is dependent on the
nature of the position of the accused at the time
of the commission of the offense. In this case,
jurisdiction | determined by the law in force at the
time of the commission of the offense.
What is adherence of jurisdiction?
The principle of Adherence or jurisdiction means
that once jurisdiction is vested in the cour, itis
retained up to the end ofthe Iigation. It remains
with the court until the case is finally terminated
The exception to this is where a subsequent
statute changing the jurisdiction of a court is.
given retroactive effect; it can divest a court of
jurisdiction over cases already pending it before
the effectivity of the statute.
‘Awas charged with an offense whose penalty
was below 6 years. The case was filed with
the MTC. After trial, the MTC convicted him of
an offense with a higher penalty. A
questioned the conviction, claiming that the
MTC had no jurisdiction over the offense
since the penalty prescribed for it was higher
than 6 years. Is A correct?
Ais wrong. Jurisdiction over the subject matter is
determined by the authority of the court to
impose the penalty imposable given the
allegation in the information. Itis not determined
by the penally that may be meted out to the
offender after trial but to the extent of the penalty
Which the law imposes for the crime charged in
the complaint.
If during the proceedings, the court finds that
it has no jurisdiction, how should it proceed?
Where the court has no jurisdiction, lower courts
should simply dismiss the case. On the other
hand, the Supreme Court and the Court of
Appeals may refer the case to the court of proper
jurisdiction.
What is the jurisdiction of Municipal Trial
Courts in criminal case?
1. Exclusive original jurisdiction over all
violations of city or municipal ordinances
committed within their respective territorial
jurisdiction;
Exclusive original jurisdiction overall
offenses punishable with imprisonment
not exceeding 6 years regardless of the
fine and other accessory penalties and civil
liability
Prepared by: Prof. Bryan John D. Tumang
Offense involving damage to property
through criminal negligence
‘Where the only penalty provided by law is a
fine; exclusive original jurisdiction over
offenses punishable with a fine not
‘exceeding P4,000
Election offense: Failure to register or
failure to vote
‘Special Jurisdiction to hear and decide
petitions for a writ of habeas corpus or
application for bail in the province or city
where the RTC judge is absent
7. BP 22(2)
What is jurisdiction of Regional Trial Courts
in criminal case?
1. Exclusive original jurisdiction in all criminal
cases not within the exclusive jurisdiction of
any court, tribunal or body, except those
falling under the exclusive and concurrent
jurisdiction of the Sandiganbayan. Al
criminal cases where the penalty is higher
than 6 years, Including government-related
cases wherein the accused s not one of
those falling under the jurisdiction of the
Sandiganbayan.
Other laws which specifically lodge
jurisdiction in the RTC
a. Lawon written defamation or libel
b. Decree on Intellectual Property
cc. Dangerous Drugs Cases except
where the offenders are under 16
and there are Juvenile and Domestic
Relations Courts in the provinee
‘Appellate jurisdiction overall cases decided
by MTC's in their respective territorial
jurisdiction
In areas where there are no family courts,
the case falling under the jurisdiction of
family courts shall be adjudicated by the
RTC
What is the meaning of the term “regular
courts"?
Regular courts refer to civil courts as opposed to
military courts or courts martial. Military courts
have no jurisdiction over civilians.
Which court has jurisdiction over a complex
crime?
Jurisdiction over the whole complex crime is
lodged with the trial court having jurisdiction to
impose the maximum and more serious penalty
on an offense forming part of the complex crime.
What is territorial jurisdiction?
The requirement of territorial jurisdiction means
that a criminal action should be fled in the place
where the crime was committed, except in those
cases provided by Article 2 of the RPC
How is jurisdiction over the person of the
accused acquired?
Jurisdiction over the person of the accused is
acquired upon his arrest or upon his voluntary
appearance or submission to the court
Can jurisdiction over the person of the
accused be waived?
‘Yes, unlike jurisdiction over the offense which is
conferred by law or the Constitution, jurisdiction
over the person of the accused may be waived
For example, any objection to the procedure
leading to the arrest must be opportunely raised
Page 2 before the accused enters his plea, or itis
deemed waived.
X was charged in court with an offense. X
filed a motion to quash on the ground that the
court had no jurisdiction over his person
because the arrest was illegal and because
the information was incomplete. Can X
invoke lack of jurisdiction of the court over
his person?
No, X cannot invoke the lack of jurisdiction of the
court. One who desires to object to the
jurisdiction of the court over his person must
appear in court for the purpose only, and if he
raises other questions, he waives the objection.
Is the presence of the accused in order for
the court to act on a motion?
Itis not necessary for the court to first acquire
jurisdiction over the person of the accused to
dismiss a case or grant other relief. The outright
dismissal of the case even before the court
acquires jurisdiction over the person of the
accused is allowed, except in applications for bail,
in which case, the presence of the accused is
mandatory.
RULE 110 PROSECUTION OF OFFENSES
How are criminal actions instituted?
Criminal actions shall be instituted as follows:
(2) For offenses where a preliminary
investigation is required, by filing the
complaint with the proper officer for the
purpose of conducting the requisite
preliminary investigation
For all other offenses, by filing the complaint
(or information directly with the MTC or the:
complaint with the office of the prosecutor
What is the effect of the institution of the
criminal action on the period of prescription f
the offense?
The institution of the criminal action shall
interrupt the running of the period of prescription
of the offense unless othenwise provided in
special laws. The rule does not apply to
Violations of municipal ordinances and special
laws. The prescriptive periods for violations of
special laws are interrupted only by the institution
of judicial proceedings for their investigation and
Punishment, while violations of municipal
ordinances prescribe after two months
Distinguish “institution” from
“commencement” of an action
For offenses which require a preliminary
investigation, the criminal action is instituted by
filing the complaint for preliminary investigation.
The criminal action is commenced when the
complaint or information is filed in court
Can the offended party go directly to court to
file a criminal action?
No, Before a complaint is filed in court, there
should have been a confrontation between the
parties before the Lupon chairman. The Lupon.
secretary must certify hat no conciliation or
settlement was reached, attested to by the
Lupon chairman. The complaint may also be filed
if the settlement is repudiated by the parties
Prepared by: Prof. Bryan John D. Tumang
‘Are there exceptions when the parties may
go directly to court?
1. Where the accused is under detention
2. Where a person has otherwise been
deprived of personal liberty calling for
habeas corpus proceedings
‘Where actions are coupled with provisional
remedies
‘Where the action may be barred by the
statute of limitations
When are amicable settlements not allowed?
1. Where one party is the government
2. Where one party is a public offcer or
employee and the dispute relates to the
performance of his official functions
Offenses punishable by imprisonment
‘exceeding 7 year ora fine exceeding PS,000
Where there is no private offended party
Where the dispute involves real properties
located in different cities or municipalities
Disputes involving parties who reside in
different barangays, cities, of municipalities
Other cases which the President may
