CHAPTER 1

Basic Principles in Criminal Procedure

I. Introduction

The rules of court well-defined the procedure in enforcing the

methods concerning the procedural steps through which the criminal
case passes, commencing with the initial investigation of a crime and
concluding with the unconditional release of the offender. It includes all
rules in the Revised Rules of Court (Revised Rules on Criminal
Procedure), Laws and those provided under the Constitution.

II. Learning Outcome

At the end of this module, the students are expected to:

1. Understand the basic concept of Rules on Criminal Procedure.

2. Know the meaning of different terminologies in Criminal Procedure.
3. Recognized the constitutional guarantees articulated in the Bill of
Rights relative to CriminalProcedure.

III. Learning Activities

Reading

Criminal procedure is defined as that method prescribed by law for the

apprehension and prosecution of a person who is supposed to have committed a
crime, and for his punishment in case of conviction.

What is criminal procedure concerned with?

Criminal procedure is concerned with the procedural steps through which the criminal
case passes, commencing with the initial investigation of a crime and concluding with
the unconditional release of the offender. It is 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?

1. Spanish Law of Criminal Procedure
2. General Order No. 58, dated April 23 1900
3. Amendatory acts passed by the Philippine Commission
4. The various quasi acts, the Philippine Bill of 1902, the Jones Law of 1916, the
Tydings-McDuffie Law, and the Constitution of the Philippines
5. The Rule of Court of 1940, and the 1964, 1985, and 1988 Rules on Criminal
Procedure
6. Various Republic Acts (RA 240, Judiciary Act, RA 8249 creating the
Sandiganbayan, Speedy Trial Act)
7. Presidential Decrees
8. 1987 Constitution, particularly Art. III Bill of Rights
9. Civil Code (Art. 32, 33, 34)
10. Certain judicial decisions

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 11. RA 8393 The Speedy Trial Act
12. Circulars
13. The Revised Rules on Criminal Procedure (Dec 1, 2000)

What are the three systems of criminal procedure?

1. Inquisitorial – the detection and prosecution of offenders are not left to the
initiative of private parties but to 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.
2. 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 a combat between
the parties, the supposed offender has the right to be confronted by his accuser.
The battle in the form of a public trial is judged by a magistrate who renders a
verdict. The essence of the accusatorial system is the right to be
presumed innocent. To defeat this presumption, the prosecution must
establish proof of guilt beyond reasonable doubt (moral certainty).
3. 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 court, 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. Criminal procedure, on the other hand, 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.

Definition of Terms

Criminal Procedure – is a proceeding whereby the State prosecutes a person for

an act or omission punishable by law.

Jurisdiction – is defined as the power of the court to hear and decide cases and to
execute the judgment thereon.

Criminal Jurisdiction – is the authority to hear and try a particular offense and
impose the punishment for it.

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Venue – is the geographical location where the case shall be instituted, heard and
tried.

Pleading – A pleading is a written statement of the respective claims and defenses

of the parties submitted to the Court for appropriate judgment.

Motion – A motion is an application for a relief other than by a pleading.

Affidavit – A sworn statement in writing before a notary or other officer entitled to

administer oaths or take acknowledgments.

Counter-Affidavit – An affidavit made and presented in contradiction or opposition

to an affidavit which is made the basis or support of a motion or application.

Barangay Protection Order – BPO refers to the protection order issued by the
Punong Barangay, or in his absence the Barangay Kagawad, ordering the
perpetrator to desist from committing acts of violence against the family or household
members particularly women and their children under Sections 5a and 5b of R.A.
9262.

Arrest – is the taking of a person into custody in order that he may be bound to
answer for the commission of an offense.

Warrant of Arrest – is a legal process issued by competent authority directing the

arrest of a person or persons upon grounds stated therein. It is usually directed to a
regular officer of the law, but occasionally, it is issued to a private person name in it.

Custodial Investigation – refers to any questioning initiated by law enforcement

officers after a person has been taken into custody or otherwise deprived of his
freedom of action in any significant way.

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.

Extrajudicial Confession – A declaration made at any time by a person, voluntarily

and without compulsion or inducement, stating or acknowledging that he has
committed or participated in the commission of a crime.

Corpus Delicti – refers to the fact of the commission of the crime charged or to the
body or substance of the crime.

Inquest Proceeding – is an informal and summary investigation conducted by a

public prosecutor in a 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 or not said persons should remain under the custody and correspondingly
be charge before the court.

Search Warrant - A search warrant is an order in writing issued in the name of the
People of the Philippines signed by a judge and directed to a peace officer,
commanding him to search for personal property described therein and bring it before
the court.

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Probable Cause – is defined as such facts and circumstances that would engender
a well-founded belief that a crime has been committed and that the respondent is
probably guilty thereof and should be held for trial.

Subpoena – is a process directed to a person requiring him to attend and testify at

the hearing or trial of an action, or at any investigation conducted by competent
authority, or the taking of the deposition.

Criminal Complaint – 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 charge with the enforcement of the law violated.

Criminal Information – An information is an accusation in writing charging a person

with an offense, subscribed by the prosecutor and filed with the court.

Offended Party – refers to the person against whom or against whose property the
offense was committed.

Amendment – refers to the modification of a complaint or information by the public

prosecutor which changes its form or substance. The amendment is only in form if it
does not affect or alter the nature of the offense charged.

Prejudicial Question – a question which arises in a case the resolution of which is

a logical antecedent of the issue involved in the same and the cognizance of which
pertains to another tribunal.

Provisional Remedies – are writs and processes available during the pendency of
the action which may be resorted to by a litigant to preserve and protect certain rights
and interests therein pending rendition, and for purposes of the ultimate effects, of a
final judgment in the case.

Preliminary Attachment – is a provisional remedy issued upon order of the court

where the action is pending, to be levied upon the property or properties of the
defendant therein, the same to be held thereafter by the sheriff as security for the
satisfaction of whatever judgment might be rendered in said action in favor of the
attaching creditor against the defendant.

Preliminary Injunction – is an order granted at any stage of an action or proceeding

prior to the judgment or final order, requiring a party of a court, agency or a person
to refrain from a particular act or acts. It may also require the performance of a
particular act or acts.

Replevin – is a proceeding by which the owner or one who has a general or special
property in the thing taken or detained seeks to recover possession in specie, the
recovery of damages being only incidental.

Support Pendente Lite – is an amount adjudicated by the trial court during the
pendency of an action for support upon application by the plaintiff at the
commencement of the proper action or at any time afterwards. It is the remedy
recognized by the Revised Rules of Court and classified as a provisional remedy
rendered by the court as equity and justice may require.

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Constitutional Provision Relative to Criminal Procedure

1. Due Process of Law

Section 1, Article III of the 1987 Constitution provides for the rule that
every litigant shall be afforded the right to due process of law. It states that:
Section 1. No person shall be deprived of life, liberty, or property without due
process of law…

2. Equal Protection of the Laws

Section 1…nor shall any person be denied the equal protection of the law.

3. Rights Against Unreasonable Searches and Seizure

Section 2. The right of the people to be secure in their persons,

houses, papers, and effectsagainst unreasonable searches and seizures of
whatever nature and for any purpose shall be inviolable, and no search
warrant or warrant of arrest shall issue except upon probable cause to be
determined personally by the judge after examination under oath or
affirmation of the complainant and the witnesses he may produce, and
particularly describing the place to be searched and the persons or things to
be seized.

4. Right to Privacy of Communication and Correspondence

Section 3. (1) The privacy of communication and correspondence shall

be inviolable except upon lawful order of the court, or when public safety or
order requires otherwise as prescribed bylaw.
(2) Any evidence obtained in violation of this or the preceding section
shall beinadmissible for any purpose in any proceeding.

5. Right to Liberty of Abode and to travel

Section 6. The liberty of abode and of changing the same within the
limits prescribed by lawshall not be impaired except upon lawful order of the
court. Neither shall the right to travel be impaired except in the interest of
national security, public safety, or public health, as may be provided by law.

6. Right to Free Access to Courts and Legal Assistance

Section 11. Free access to the courts and quasi-judicial bodies and
adequate legal assistance shall not be denied to any person by reason of
poverty.

7. Right to Council and to Remain Silent

Section 12. (1) Any person under investigation for the commission of
an offense shall have the right to be informed of his right to remain silent and

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 to have competent and independent counsel preferably of his own choice. If
the person cannot afford the services of counsel, he must be provided with
one. These rights cannot be waived except in writing and in the presence of
counsel.
a. No torture, force, violence, threat, intimidation, or any other
means which vitiate the freewill shall be used against him. Secret detention
places, solitary, incommunicado, or other similar forms of detention are
prohibited.
b. Any confession or admission obtained in violation of this or
Section 17 hereof shall beinadmissible in evidence against him.
c. The law shall provide for penal and civil sanctions for violations
of this section as well as compensation to and rehabilitation of victims of
torture or similar practices, and their families.

8. Right to Bail
Section 13. All persons, except those charged with offenses
punishable by reclusion perpetua when evidence of guilt is strong, shall,
before conviction, be bailable by sufficient sureties, or be released on
recognizance as may be provided by law. The right to bail shall not be
impaired even when the privilege of the writ of habeas corpus is suspended.
Excessive bail shall not be required.

9. Right to be Presume Innocent and to Due Process of Law

SECTION 14. (1) No person shall be held to answer for a criminal
offense without due process of law.
a. In all criminal prosecutions, the accused shall be presumed
innocent until the contrary isproved, and shall enjoy the right to be heard by
himself and counsel, to be informed of the nature and cause of the accusation
against him, to have a speedy, impartial, and public trial, to meet the witnesses
face to face, and to have compulsory process to secure the attendance of
witnesses and the production of evidence in his behalf. However, after
arraignment, trial may proceed notwithstanding the absence of the accused
provided that he has been duly notified and his failureto appear is unjustifiable.

10. Right to Speedy Disposition of Cases

Section 16. All persons shall have the right to a speedy disposition of
their cases before all judicial, quasi-judicial, or administrative bodies.

11. Rights Against Self-Incrimination

Section 17. No person shall be compelled to be a witness against himself.

12. Rights Against Being Detained by Reason of Political Belief and

Aspirations
Section 18. (1) No person shall be detained solely by reason of his
political beliefs and aspirations.
13. Rights Against Involuntary Servitude
Section 18. (2) No involuntary servitude in any form shall exist except
as a punishment for acrime whereof the party shall have been duly convicted.

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14. Rights Against Excessive Fine and Cruel Punishment

Section 19. (1) Excessive fines shall not be imposed, nor cruel,
degrading or inhuman punishment inflicted. Neither shall death penalty be
imposed, unless, for compelling reasons involving heinous crimes, the
Congress hereafter provides for it. Any death penalty alreadyimposed shall
be reduced to reclusion perpetua.

a. The employment of physical, psychological, or degrading punishment

against any prisoner or detainee or the use of substandard or inadequate
penal facilities under subhuman conditions shall be dealt with by law.

15. Right Against Imprisonment for Non-Payment of debt

Section 20. No person shall be imprisoned for debt or non-payment of a poll

tax.

16. Rights Against Double Jeopardy

Section 21. No person shall be twice put in jeopardy of punishment for

the same offense. If an act is punished by a law and an ordinance, conviction
or acquittal under either shall constitute a bar to another prosecution for the
same act.

17. Right Against Ex Post Facto Law or Bill of Attainder

Section 22. No ex post facto law or bill of attainder shall be enacted.