CRIMINAL PROCEDURE REMEDIAL LAW PRE-WEEK

Sworn written statement Accusation in writing,

C RIMINAL PROCEDURE
NOTE:
BOP = Bill of particulars
LOJ = Lack of jurisdiction
MFR = Motion for reconsideration
MNT = Motion for new trial
MTQ = Motion to quash
PC = Probable cause
PI = Preliminary investigation
RJ = Res judicata
X = Exception
INSTITUTION OF THE CRIMINAL ACTION
o Criminal action = State prosecutes person for
act/omission punishable by law.
Remedial Law
Applied to criminal law:
provides/regulates steps
by which one who
commits a crime is to be
punished.
CRIMINAL JURISDICTION
Jurisdiction
Authority of court to:
o Hear and try offense;
&
o Impose punishment
provided by law.
Defined by law and
determined by the
extent of the penalty.
Based on facts, as
recited in
complaint/information,
constitutive of the
offense charged.
Substantive Law
Applied to criminal law:
declares what acts are
crimes and prescribes the
punishment.
Venue
Place where case is to be
tried.
Municipality/territory
where either:
o Offense was
committed;
o Any one of the
essential ingredients
took place.
Allegation of the situs of
the offense charged in
information.
charging person with an charging person with an
offense. offense.
Subscribed by offended Subscribed by prosecutor
party, any peace officer and filed with the court.
or other public officer
charged with
enforcement of law
violated.
AMENDMENT OR SUBSTITUTION
Amendment Substitution
Without leave of court: Mistake in charging the
o Before accused enters proper offense:
his plea. o Court shall dismiss
o X: Either: original complaint/
1) Downgrades nature information upon
of offense; filing of a new one
2) Excludes any charging proper
accused. offense.
o In either case, o Provided: Accused
requires: not placed in double
a) Prosecutor’s jeopardy.
motion; o Court may require
b) Notice to witnesses to give bail
offended party; for appearance at
& trial
c) Court’s leave.
With leave of court:
o Matters of form.
o After plea and during
trial.
o Should not prejudice
rights of accused.
o Aggravating circumstances must be alleged in
information.
REMEDIES AGAINST DEFECTIVE
COMPLAINT/INFORMATION
1) Amendment or substitution;
2) MTQ;
3) When defect becomes apparent during trial,
before judgment.
PROSECUTION OF THE CIVIL ASPECT

o Venue is jurisdictional. CIVIL LIABILITY

o Concurrent jurisdiction = Two possible courts
and prosecuting officer may choose.
o For transitory crime: Tried in any
municipality/province where offense was in part
committed. First court taking cognizance will
exclude others.
o For complex crime: Court with jurisdiction to
impose maximum imposable penalty
o Jurisdiction to execute judgment vs. jurisdiction to
amend/modify: The former continues even after
judgment has become final for the purpose of
enforcement of judgment; the latter terminates
when the judgment becomes final.
EXPANDED JURISDICTION OF MTCs
o Exclusive original jurisdiction:
o All offenses punishable with imprisonment not
> 6 years (irrespective of amount of fine and
regardless of other imposable penalties).
o Offenses involving damage to property
through criminal negligence
o X: Cases falling within exclusive original
jurisdiction of RTCs and of Sandiganbayan
HOW TO INSTITUTE ACTION
Complaint Information
o Civil action is deemed instituted with the criminal
action.
o X: Offended party:
1) Waives;
2) Reserves right to institute it separately;
o X:
a) Demurrer cannot be made to
apply only to criminal aspect
because criminal action always
deemed to include civil action.
b) Offense cognizable by the
Sandiganbayan.
3) Institutes civil action prior to the criminal
action.
EXTINCTION OF THE CRIMINAL ACTION
o Will not cause extinction of the civil action.
o X: If civil action is based on delict + Final
judgment in the criminal action ruled that the
act/omission from which civil liability may
arise does not exist.
EXISTENCE OF PREJUDICIAL QUESTION
o Criminal case takes precedence.
o X: If there is a prejudicial question which
should be resolved first before an action could
be taken in criminal case.

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CRIMINAL PROCEDURE
PRELIMINARY INVESTIGATION
o Required if prescribed penalty is at least 4 years,
2 months and 1 day (without regard to the fine).
o X: Lawfully arrested without warrant involving
an offense that requires a PI, if the necessary
inquest is conducted.
o Procedure:
1) Filing of complaint.
2) Action of investigating officer.
3) Defendant’s counter-affidavit.
4) Hearing.
5) Resolution.
6) Review.
o Court not bound by DOJ Secretary’s
Resolution. Once complaint is filed,
acquittal/conviction rests on court’s sound
discretion.
7) Filing of information/complaint in court.
8) If accused is lawfully arrested without a
warrant: May move for a reinvestigation.
o Who may conduct PI:
1) Provincial/city prosecutors and their
assistants;
2) National/regional state prosecutors;
3) Other officers as may be authorized by law.
o Ombudsman may conduct PI if the case is not
under Sandiganbayan jurisdiction.
ABSENCE OF PI
o Does not impair the information’s validity. Does
not go into court’s jurisdiction; merely to
proceedings’ regularity.
o If the court’s attention is called to absence of PI:
It should proceedings and remand case to
prosecutor.
o Right to PI is waived if the accused fails to invoke
it before or at the time of entering a plea at
arraignment.
ARREST
IMMUNITY FROM ARREST
1) Parliamentary immunity - While Congress is in
session, for offenses punishable by not > 6 years
imprisonment.
2) Diplomatic immunity.
LAWFUL WARRANTLESS ARRESTS
1) In flagrante delicto = Caught in the act of
committing a crime.
o If person to be arrested has committed, is
actually committing or is attempting to
commit an offense in the presence of the
peace officer or private person who arrested
him.
o “In his presence” =
a) He sees the offense, even though at a
distance;
b) He hears the disturbances created by the
offense and proceeds at once to the
scene;
c) Offense is continuing or has been
consummated at the time arrest is made.
2) Hot pursuit arrest = If offense has been
committed + Peace officer or private person has
PC to believe based on personal knowledge of
fact/circumstances that the person to be arrested
has committed it.
3) If person to be arrested is a prisoner who
escaped:
a) From a penal establishment or place where he
is:
(1) Serving final judgment;
100% UP LAW UP BAROPS
REMEDIAL LAW PRE-WEEK
(2) Temporarily confined while his case is
pending.
b) While being transferred from one confinement
to another.
4) If person who has been lawfully arrested escapes
or is rescued.
5) By the bondsman for the purpose of surrendering
the accused.
o If accused released on bail attempts to leave
the Philippines without court’s permission.
CONSEQUENCES OF ILLEGAL ARREST
1) Objects seized not admissible in evidence: Fruits
of the poisonous tree;
2) Criminal liability for illegal arrest;
3) Civil liability for damages;
4) But illegal arrest does not render the subsequent
proceedings void or deprive the State of its right
to convict.
CUSTODIAL INVESTIGATION
CUSTODIAL RIGHTS OF THE ACCUSED
1) To be assisted by counsel at all times.
o Waiver must be made with the assistance of
counsel.
2) To be informed, in a language known to and
understood by him, of his Miranda rights.
o Assisting counsel may be any lawyer, X:
a) Those directly affected by the case;
b) Those conducting the PI;
c) Those prosecuting the crime.
3) To be allowed visits by his immediate family,
medical doctor, priest, counsel or duly accredited
NGOs.
REQUISITES FOR ADMISSIBILITY OF
CONFESSION/ADMISSION
1) Voluntary;
2) With assistance of competent and independent
counsel;
3) Express;
4) In writing.
BAIL
IF BAIL AS A MATTER OF RIGHT
o Person in custody has right to bail:
1) Before/after conviction by the MTC;
2) Before conviction by RTC of an offense not
punishable by death, reclusion perpetua or life
imprisonment.
IF BAIL AS DISCRETIONARY
o Upon conviction by the RTC of an offense not
punishable by death, reclusion perpetua or life
imprisonment:
o May be acted upon by RTC despite filing of
notice for appeal, as long as original record is
not yet transmitted to appellate court.
o If conviction changed the nature of the
offense from non-bailable to bailable, it can
be resolved only by appellate court.
o If bail granted, provisional liberty continues
under the same bail subject to the consent of
the bondsman.
DENIAL OF BAIL
o If penalty imposed > 6 years + Prosecution
shows:
1) Recidivism, quasi-recidivism, habitual
delinquency, commission of crime aggravated
by circumstance of reiteration;
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CRIMINAL PROCEDURE REMEDIAL LAW PRE-WEEK

2) Previous escape from legal confinement, offense

evasion of sentence or violation of conditions
of bail without valid justification; Order denying MTQ Order granting MTQ
3) Commission of offense while under probation, Interlocutory Final order
parole or conditional pardon; Not appealable absent Immediately appealable
4) Probability of flight; showing of GAD but subject to rules on
5) Undue risk that he may commit another crime double jeopardy
pending appeal. Does not dispose of case Disposes of case upon its
upon its merits merits
WHERE TO APPLY FOR BAIL Proper remedy: appeal Proper remedy: appeal the
o Court where case is pending; after trial order
o If unavailable, with any RTC/MTC judge in the
province/city/municipality. o Grounds for MTQ are exclusive.
o RTC of place where accused was arrested, if o Not valid grounds for MTQ:
different from the place where case is pending. 1) Absence of PI;
o If unavailable, with any MTC judge there. 2) Lack of PC;
o If the grant is a matter of discretion or bail is in 3) Non-inclusion of an accused.
the form of a recognizance – Only with the court o Complaint/information must charge one offense.
where the case is pending. o X: If law prescribes a single punishment for
o If no formal charge yet – With any court in the various offenses.
province/city/municipality where he is held.
DOUBLE JEOPARDY
= Requisites:
a) 1st jeopardy has attached;
RIGHTS OF THE ACCUSED
b) 1st jeopardy was validly terminated; &
c) 2nd jeopardy either:
1) To be presumed innocent until contrary is proved
(1) For same offense charged;
beyond reasonable doubt.
(2) For an attempt to commit same or
2) To be informed of the nature and cause of
frustration thereof; r
accusation against him.
(3) For an offense which necessarily includes
3) To be present and defend in person and by
or is necessarily included in the 1st.
counsel at every stage of the proceedings.
o No double jeopardy when
o Requisites of trial in absentia:
o 2 informations charging accused with 2
a) Prior arraignment;
different offenses having different elements
b) Proper notice of the trial; &
though arising from the act.
c) Failure to appear is unjustifiable.
o Information provisionally dismissed with
4) To testify in his own behalf;
conformity of accused after arraignment and
5) To be exempt from being compelled to be a
presentation of prosecution evidence has
witness against himself;
started.
o Covers only testimonial compulsion and
o Dismissal of case declared null and void
production of incriminating documents.
o Filing of 2nd information if a new fact
6) To confront and cross-examine witnesses against
supervened.
him at the trial;
7) To have compulsory process issued to secure
PROVISIONAL DISMISSAL
attendance of witnesses and production of other
= Case is dismissed without prejudice to its being
evidence in his behalf.
refilled/revived.
8) To have a speedy, impartial and public trial;
o If there has already been arraignment and
9) To have the right of appeal in all cases allowed
accused consented to provisional dismissal.
and in the manner prescribed by law.
o X: Dismissal due to a demurrer to evidence.
o When dismissal becomes permanent:
1) 1 year after issuance of order without the
RELIEF FROM DEFECTIVE INFORMATION case having been revived for offenses
punishable:
MTQ Demurrer to Evidence a) By imprisonment not > 6 years;
Filed before entering plea Filed after prosecution b) By a fine of any amount;
rested its case c) By both.
Does not go into merits Based upon inadequacy of 2) 2 years after issuance of order without the
evidence adduced by case having been revived for offenses
prosecution punishable by imprisonment of > 6 years

Nolle prosequi Quashal of Information

Initiated by prosecutor Initiated by accused
OBTAINING EVIDENCE BEFORE TRIAL
Dismissal of criminal case Court has no authority to
by the government before initiate MTQ. Filing is made
accused is placed on trial before accused enters plea, 1) Before arraignment: Through BOP.
and before he is called to subject to exceptions 2) Before trial:
plead, with approval of a) Conditional examination of witnesses on
court behalf of accused;
Discontinuance in a civil *** b) Conditional examination of witness for the
suit, leaves the matter in prosecution;
the same condition it was c) Examination of defense witness;
before commencement of d) Deposition.
the prosecution
Not an acquittal Acquittal is a ground for
quashal
ARRAIGNMENT
Not a final disposition of Rule 117, Sec. 6
the case
Not a bar to subsequent Rule 117, Sec. 6 = Accused is formally informed of the charge
prosecution for same against him by: Reading him the

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information/complaint + Asking him whether o Not a strict right, but a discretion justified by
he pleads guilty or not guilty. compelling reasons (error, fraud, illegality or
o No arraignment in absentia. Presence of accused manifest injustice).
is not only a personal right but also a public duty.
o No trial in absentia without first arraigning the SUSPENSION OF ARRAIGNMENT
accused; otherwise, judgment is null and void. o Grounds:
1) Accused appears to be suffering from an
TC’s DUTY BEFORE ARRAIGNMENT unsound mental condition which effectively
1) Inform accused that he has right to have his own renders him unable to fully understand the
counsel before being arraigned; charge against him and to plead intelligently
2) Ask WON he desires aid of counsel; thereto.
3) If yes, must grant him reasonable time to do so; o Court shall order his mental examination
4) Must assign counsel de officio. and (if necessary) confinement.
o X: Accused allowed to defend himself in 2) Prejudicial question.
person or has employed a counsel of his 3) Pending petition for review of resolution of
choice. the prosecutor either at the DOJ or the Office
o X: Accused expressly and formally of the President.
renounced the right. o Provided: Suspension not > 60 days
counted from filing of the petition.
TYPES OF PLEA
1) Admission – “Guilty”.
a) Plea of guilty to non-capital offense: PRE-TRIAL
o Court may receive evidence to determine
the penalty to be imposed. PRE-TRIAL CONFERENCE
o Sufficient to sustain a conviction if • In all criminal cases cognizable by the
formally + knowingly + voluntarily Sandiganbayan, RTC and MTC/MTCC/MCTC/MeTC.
entered into. • After arraignment and within 30 days from time
o A judicial confession of guilt, so no need court acquires jurisdiction over person of the
for additional evidence. accused.
o X: • X: Shorter periods under special laws or SC
(1) If information did not allege all circulars.
the crime’s elements.
(2) If information charges a capital PRE-TRIAL AGREEMENTS AND SUBMISSIONS
offense.
(3) If plea of guilt was conditional. Pre-trial stipulations Judicial admissions
b) Plea of guilty to capital offense: Entered into by parties Made by either party
o Mandatory duties of the trial judge: During pre-trial In the course of the trial
(1) Conduct searching inquiry into the conference
voluntariness and full comprehension Facts agreed on prior to
of the consequences of the plea. the actual presentation of
(2) Require prosecution to prove guilt evidence or during trial
and precise degree of culpability. proper
(3) Inquire WON accused wishes to Need not be specially set
present evidence on his behalf and out in a judicial order to
allow him to do so if he desires. bind the parties - admitted
o If improvident plea of guilty to a capital fact thus deemed
offense: Remand case to lower court for established
further proceedings. More expedient - relieves
o X: If accused appears guilty beyond court of burden of issuing
a judicial order
reasonable doubt from evidence
adduced by prosecution and defense.
2) Denial – “Not guilty”. PRE-TRIAL ORDER
3) Qualified admission – “Guilty, but” o Contents:
a) Plea of guilty to a lesser offense necessarily 1) Actions taken;
included in the offense charged. 2) Facts stipulated; &
o Plea bargaining = Pleading guilty to 3) Evidence marked.
lesser offense or to only one/some of the o Effect:
counts of a multi-count indictment in 1) Binds parties.
return for a lighter sentence. 2) Limits the trial to matters not disposed of.
o May also include amending of information 3) Generally, controls the course of action during
to allege more mitigating circumstances. trial.
b) Plea of guilt, but accused presents o X: If modified to prevent manifest
exculpatory evidence. injustice.
o Plea deemed withdrawn and a plea of not
guilty entered for him.
GENERAL PROCEDURE FOR TRIAL
IMPROVIDENT PLEA
= Plea without proper information as to all the TIME TO PREPARE FOR TRIAL
circumstances affecting it; based upon a mistaken o The accused has at least 15 days, after a plea of
assumption or misleading information/advice. not guilty is entered.
o Should not be accepted. If accepted, not sufficient o Notice to the parties required. COC notifies
to sustain a conviction. parties of date of arraignment, which should
be 30 days from the date court acquires
WITHDRAWAL OF PLEA jurisdiction over person of the accused. Within
o Allowed anytime before judgment of conviction the same period, court shall set pre-trial
becomes final. conference.

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CRIMINAL PROCEDURE REMEDIAL LAW PRE-WEEK

o If accused pleads not guilty on arraignment,
he has 15 days to prepare for trial (including
pre-trial).
o Trial to commence within 30 days from receipt of
pre-trial order.
o Effect of delay: Accused may move to dismiss for
denial of his right to speedy trial.
o Subject to double jeopardy rules.
o If with prejudice, case cannot be revived
anymore. Otherwise, revival is proper.
o Failure to move for dismissal prior to trial is a
waiver of the right to dismiss under this
section.
o To meet/refute those new matters taken up
during rebuttal, or to clarify matters that were
made ambiguous.
6) Submission of case.
o Case deemed submitted for decision upon
admission of parties’ evidence.
o X: If court directs them to argue orally or
submit written memoranda.
DISCHARGE OF AN ACCUSED TO BE A
STATE WITNESS

Dismissal without
prejudice
Allows new suit for same
cause of action
Imports contemplation of
further proceedings, and
when they appear in an
order or decree, it shows
that the judicial act is not
intended to be RJ of the
merits
Terminates case reserving
to plaintiff the right to file
new complaint which, if
filed, is entirely new and
different from the case
which was dismissed
ORDER OF TRIAL
1) Prosecution evidence.
o To prove charge (and civil liability).
2) Demurrer to evidence = Objection that the
evidence prosecution produced is insufficient in
point of law (WON true) to make out a case or
sustain the issue.
o Right of accused to present evidence after
demurrer is denied:
If filed with leave of
court
May adduce evidence in
his defense
Purpose of obtaining
leave of court: To
determine WON demurrer
was filed merely to stall
the proceedings
Implied leave of court no
longer sufficient and
prevents accused from
presenting evidence
3) Defense evidence.
4) Rebuttal evidence.
o To explain/repeal/counter/disprove the
defense evidence.
5) Surrebuttal evidence.
Dismissal with o Prosecutor must to include all the accused in the
prejudice complaint/information.
Adjudication on the o X: Prosecutor may ask the court to discharge
merits, and final one of them.
disposition, barring right o Applies only if information is already filed in court.
to bring or maintain an o Requisites:
action on the same claim 1) 2 or more persons jointly charged.
or cause 2) Petition for discharge filed before defense
Is RJ as to every matter offers evidence.
litigated 3) Hearing on the petition.
4) Court is satisfied of the ff:
a) Absolute necessity for the testimony;
o He alone has knowledge of the crime.
b) No other direct evidence available for
proper prosecution of the offense, except
the testimony;
c) Testimony can be substantially
corroborated in its material points;
d) Accused does not appear to be the most
guilty;
e) Accused never convicted of any offense
involving moral turpitude.
o Effect of discharge:
1) Amounts to an acquittal;
2) Bars future prosecutions for same offense.
o X: If accused fails/refuses to testify
against his co-accused in accordance with
his sworn statement constituting the basis
for his discharge.
o Error in asking for and in granting the discharge
cannot deprive the discharged of the acquittal and
If filed without the guaranty against double jeopardy.
leave of court o Subsequent amendment of the information does
Waives the right to not affect discharge.
present evidence
Submits case for CO-ACCUSED WHO CANNOT BE DISCHARGED
judgment on basis of UNDER RULE 119, SEC. 17
evidence for prosecution o If tried separately and has already testified as
witness without having been previously
discharged.
If there are 2 or more
accused and only one RA 6981 (Witness Rule 119, Sec. 17
presents demurrer Protection Program)
without leave of court: Limited only to grave Applies to all felonies
o Court may defer felony under RPC or its
resolution until equivalent under special
decision is rendered on law
the other accused Absolute necessity for Suffice that there is no
o X: If it can be testimony other direct evidence for
shown from the proper prosecution of
decision that offense committed except
resolution on testimony of accused
demurrer was Witness automatically Witness must still apply
rendered not only entitled to certain rights for the employment of
on the basis of and benefits said rights
prosecution’s Any member of the The same is not required
evidence but also family of the person
on the evidence applying for admission
adduced by his co- within the 2nd civil
accused degree of consanguinity
or affinity is subjected to
threat to his life or injury,
as to prevent him from
testifying falsely or
evasively
Witness applying not a No limitation

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CRIMINAL PROCEDURE REMEDIAL LAW PRE-WEEK

law enforcement officer o If required and not complied with, case to be

Witness need not be Witness is charged in dismissed without prejudice. Case may be revived
charged elsewhere court as one of the only after compliance with requirement.
accused o X: Criminal cases of warrantless arrest.
Immunity granted by DOJ Immunity granted by
court COURT’S DUTY
1) If commenced by compliant:
o Based on the compliant/affidavits/evidence,
JUDGMENT the court may dismiss case outright for being
patently without basis/merit and order the
Judgment Opinion Ratio release of the accused (if in custody).
decidendi 2) If commenced by information or if not dismissed
Pronounces Informal Provides for the according to #1:
disposition of expression of basic reason for o Court shall order accused to submit his
the case views of the court the judgment counter-affidavit, affidavits of his witnesses,
Filed with clerk Cannot prevail and evidence.
of court against final order
or decision PROHIBITED PLEADINGS AND MOTIONS
Forms no part of 1) MTD;
the judgment, o X: On grounds of either:
though they may a) LOJ over subject matter;
be combined in b) Failure to refer to Lupon.
one instrument 2) Motion for BOP;
3) MNT/MFR or motion for re-opening of trial;
o Elements of a judgment: 4) Petition for relief from judgment;
1) Controversy presented; 5) Motion for extension to file;
2) Authority to decide; 6) Memoranda;
3) Decision. 7) Petition for certiorari/mandamus/prohibition
o Formal requirements of a judgment: against any interlocutory order;
1) Written in official language; 8) Motion to declare defendant in default;
2) Personally and directly prepared by the judge; 9) Dilatory motions for postponement;
3) Signed by the judge; & 10) Reply;
4) Contains clearly and distinctly statement of 11) 3rd-party complaints;
facts proved and law upon which judgment is 12) Interventions.
based.
ARRAIGNMENT AND TRIAL
o If court finds no cause/ground to hold the accused
SEEKING RELIEF FROM AN ADVERSE for trial, it dismisses the case; otherwise, it shall
JUDGMENT set the case for arraignment and trial.
o If the accused is in custody for the crime charged,
he shall be immediately arraigned. If he enters a
MOTION FOR RECONSIDERATION OR NEW
plea of guilty, he will be sentenced.
TRIAL
o New trial and reconsideration are the same thing
PRELIMINARY CONFERENCE
in criminal procedure whether it be a first, second,
o Before conducting trial, court shall call the parties
new or an old trial. “New” refers to time and not
to a preliminary conference for:
to substance.
1) Stipulation of facts;
o New trial = Proceeding whereby errors of law or
o Refusal/failure to stipulate shall not
irregularities are expunged from the record, or
prejudice accused.
new evidence is introduced, or both steps, are
2) Plea bargaining;
taken.
o No admission by accused shall be used
against him unless reduced to writing and
ORDINARY APPEAL
signed by accused and his counsel.
o Who may appeal: Any party.
3) Clarification of issues.
o X: A party cannot appeal if the accused will be
placed in double jeopardy.
TRIAL
o “Party” includes not only the government or
o Submitted affidavits will be the direct testimonies
the accused, but also private offended party.
o However, if the State takes a contrary of the witnesses/affiants, subject to cross/re-
position and recommends acquittal of direct/re-cross examinations.
accused, then private offended party is o If affiant fails to testify, his affidavit will not be a
allowed to participate separately. competent evidence for the party presenting him.
But adverse party may utilize his affidavit for any
purpose.
o If party wishes to present additional
REVISED RULES ON SUMMARY affidavits/counter-affidavits, must so manifest
PROCEDURE during preliminary conference.

o Filing of the criminal case shall be either by ARREST OF THE ACCUSED

complaint or by information. o Court shall not order arrest.
o But Metropolitan Manila and in chartered o X: For failure to appear whenever required.
cities: Only by information.
o X: If offense cannot be prosecuted de
oficio.
o Complaint/information shall be accompanied by
affidavits of compliant and of his witnesses.

REFERRAL TO LUPON

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