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Criminal Procedure Reviewer

Ms. Johana Miraflor, MAPA

Criminal Procedure it is the method prescribes by law for the apprehension and
prosecution of persons accused of any criminal offenses and for their punishment in
case of conviction.
Criminal Jurisdiction it is the authority to hear and try a particular case and
impose the punishment for it.
System of Procedure in our jurisdiction
1) Accusatorial or adversarial contemplate two contending parties before the
court which hears them impartially and render judgment only after trial.
2) Inquisitorial system the court plays a very important role and is not limited
to the evidence before it.
3) Mixed Adversarial and inquisitorial we adopt this system
* Liberal interpretation of the rules Criminal procedure shall be literally construed in
order to promote their objective of securing a just, speedy, and inexperience
disposition of every action and proceeding.
Due process - law which hears before it condemns, proceeds upon inquiry and
render judgment only after trial.
Requirements of Due Process
1. The court is properly clothed with judicial power to hear and determine the
matter before it.
2. That jurisdiction is lawfully acquired by it over the person of the accused.
3. The accused is given an opportunity to be heard.
4. Judgment is rendered only upon lawful hearing.
Requisites for valid exercise of criminal jurisdiction
1. Jurisdiction over the subject matter is the power to hear and determine
cases of the general class to which the proceedings in question belong; by
virtue of the imposable penalty or its nature, is one which the court is by law
authorized to take cognizance of; conferred by law.
2. Jurisdiction over the territory where the offense was committed the
offense must have been committed with the territorial jurisdiction of the court;
cannot be waived.
3. Jurisdiction over the person of the accused the person charged must
have brought to its presence for trial, forcibly by warrant of arrest or upon his
voluntary submission to the court.
Exceptions: When a court has jurisdiction to try offenses not committed
within its territorial jurisdiction.
1. Where the offense was committed under the circumstances enumerated in
Articile 2 of the RPC, the offense is cognizable before the Philippine Courts even if

committed outside of the Philippine territory. In this case, the offense shall be
cognizable by the court where the criminal action is first filed.
a) should commit on offense while on a Philippine ship or airship;
b) should forge or counterfeit any coin or currency note of the Philippines Islands
or obligations or securities issued by the government of the Philippine Islands;
c) should be liable for acts connected with the introduction into these islands of
the obligations and securities mentioned above;
d) while being a public officers and employees should commit an offense in the
exercise of their functions;
e) should commit any crimes against national security and the law of nations.
2) When the Supreme Court, pursuant to its constitutional powers order a change
of venue or place of trial to avoid miscarriage of justice;
3) When an offense is committed in a train, aircraft or other public or private
vehicle in the course of its trip. It may be instituted where said train, aircraft or
vehicle passed during the trip on in the place of departure and arrival;
4) When an offense is committed on board a vessel in the course of its voyage, it
may be tried in court of the first port of entry or in the municipality or territory
where the vessel passed during the voyage;
5) Where the case is cognizable by the Sandiganbayan; and
6) Where the offense is written defamation, need not necessarily be filed in the
RTC of the province or city where the alleged libelous article was printed and first
published, it may be filed in the province where the offended party held office at
the time of the commission of the offense if he is a public officer, or in the
province or city where he actually resided at the time of the commission of the
offense, in case the offended party is a private individual.
One vested, Jurisdiction cannot be withdrawn by
1) subsequent valid amendment of the information;
2) subsequent statutory amendment of the rule of jurisdiction, unless the
amendatory provide otherwise.
General rule: The question of jurisdiction may be raised at any stage of the
Exception: It may be raised for the first time on appeal, where there has been
estoppel and laches on the party who raises the question.


Municipal Trial Court, Municipal Trial Courts and Cities, Municipal
Circuit Trial Court and Metropolitan Trial Court
1. Exclusive original jurisdiction over all violations of city or municipals
ordinances committed within its territorial jurisdiction;
2. Exclusive original jurisdiction overall offenses punishable with imprisonment
not exceeding six (6) years irrespective of the amount of fine , other
impossible accessory or other penalties, including the civil liability arising




from such offenses or predicated thereon, irrespective of kind, nature, value

or amount thereof;
When the only penalty provided for by law is fine, the amount thereof shall
determine the jurisdiction of the court under the original provision of BP 129
which provide that MTC shall have original jurisdiction with a fine not more
than 4000 pesos only.
RTC-fine exceeds 4000 pesos
Exclusive original jurisdiction over offense involving damage to property
through criminal negligence.
Violation of BP 22 (Bouncing Check Law).
Summary Procedure in the following cases
a) Violation of traffic laws and regulations, violation of rental laws, and
violation of municipal or city ordinances.
b) Offense charge is imprisonment not exceeding six months or fine not
exceeding 1000 pesos or both.
c) Damage to property through criminal negligence when the imposable fine
does not exceed 10,000 pesos.
Special jurisdiction to decide on application for bail in criminal cases in the
absence of all RTC judges in a province or city.
Crimes punishable by destierro.

Regional Trial Court

1) Penalty imposable of more than 6 years imprisonment
2) Those not under the jurisdiction of Sandiganbayan
3) Special jurisdiction to handle exclusive criminal caes as designated by the
Supreme Court
4) Jurisdiction over criminal cases under specific laws
a) Written defamation
b) Violation of RA9165 (Comprehensive Dangerous Drugs Act of 2002)
c) Intellectual property rights
5) Jurisdiction on money laundering cases
6) Family Court cases
7) Election offenses

1. Violation of Ra 3019 (Anti-graft and Corrupt Practices Act)
2. Violation of RA 1379 (Act Declaring Forfeiture in Favor of State any Property
Found to have been Unlawfully Acquired by any Public Officers or employees)
3. Bribery Offenses
4. Other offenses or felonies, whether simple or complexed with other crimes,
committed by public officials in relation to their office.
5. Sequestration cases
One or more of the accused are officials occupying the following positions in the
government, whether in a permanent, acting or interim at the time of the
commission of the offense
1) Officials of the executive branch occupying position of the RD and higher,
otherwise classified as Grade 27 and higher
2) Members of Congress and officials thereof classified as Grade 27
3) Members of the Judiciary
4) Chairman and members of Constitutional Commission

5) All other national and local officials classified as Grade 27

RULE 110: Institution of Criminal Actions

Criminal Actions an action by which state prosecutes a person for an act or
omission punishable by law
Section 1. Institution of Criminal Actions shall be instituted as follows:
a) For offenses where Preliminary investigation is required pursuant to Section 1
of Rule 112, by filing of complaint with the proper officer for the purpose of
conducting the requisite of preliminary investigation .
b) For all other offenses, by filing the complaint of information directly with the
MTC, MCTC or complaint with the office of the prosecutor.
In Manila and other chartered cities, the complaint shall be filed with the office
of the prosecutor unless otherwise provided in their charters.
Section 2. The complaint or information (Requisites)
a) In writing
b) In the name of the People of the Philippines
c) Against all persons who appear to be responsible for the offense involved.
Section 3 : Complaint
Complaint - 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.
Section 4: Information
Information accusation in writing charging a person with an offense subscribed by
the prosecutor and filed with the court.
Section 5: Who must prosecute criminal actions
1. All criminal actions commenced by a complaint or information shall be
prosecuted under the direction and control of a public prosecutor.
2. Private Prosecutor, in case of a heavy work schedule of the public prosecutor,
whom shall be authorized in writing by the Chief of the Prosecution Office or
Regional State Prosecution subject to the approval of the court.
3. By the Offended party, any peace officer or public officer charged with the
enforcement of the law violated, in the MTC, MCTC when the prosecutor is not
Who may prosecute?
1. Adultery and Concubinage offended spouse
2. Seduction, Abduction and Acts of Lasciviousness offended party; parents,
grandparents, legal/judicial guardian; and state pursuant to the doctrine of
parens patria.
3. Defamation imputing to any person of the foregoing crimes of
concubinage, adultery, seduction, acts of lasciviousness offended party

Who can give pardon?

1. Concubinage & Adultery offended party
2. SAAL offended minor, parents, grandparents,
conformity of the offended party, offended woman.

guardian with the

General Rule : Criminal Prosecution cannot be restrained by injuction

1) When the injunction is justified by necessity to afford protection to the
constitutional right of the accused
2) To avoid multiplicity of suits
3) Where there is prejudicial question which is sub justice
4) When acts of officer is without or in excess of authority
5) When the prosecution is under an invalid law, ordinance or regulation
6) When double jeopardy is clearly apparent
7) When the court has no jurisdiction over the offense
8) When it is a case of persecution other than prosecution
9) When the charges are manifestly false and motivated by lust of vengeance
When there is no prima facie case against the accused and the motion
to quash was denied
Preliminary injunction has been issued by the SC to prevent the
threatened unlawful arrest of petitioners.
Section 6: Sufficiency of complaint or Information
Section7: Name of the accused
Section 8: Designation of the offense
Section 9: Cause of Accusation
Section 10: Place of the commission of the offense
Section 11: Date of the commission of the offense
Section 12: Name of the offended party
Section 13 Duplicity of the offense

Compliant/Information must charge only one offense, except when the law
prescribes single punishment for various offenses
- Continuous crimes
- Complex crimes
- Special complex crimes
- Crimes susceptible of being committed in various modes
- Crimes in which another offense is ingredient
Before arraignment move or quashal of the information which charges 2
or more offense.

Section 14: Amendment and Substitution

A. Before the accused enters his plea, the prosecutor may

a. Upgrade the offense

b. Allege qualifying and aggravating circumstances
c. Change the offense charged ; without leave of court, provided there is
evidence theon which has been presented during the Preliminary
Amendment before plea which downgrades the nature of the offense charged
in or exclude any accused from the complaint/information can be made only upon:
a. Motion by the Prosecutor
b. With notice to the offended party
c. With leave of court
B. After Plea, during Trial
a. Formal amendment with leave of court and such amendment is not
prejudicial to the right of the accused
C. After Plea, before Judgment
a. Substitution where there has been a mistake in charging the proper
offense, the court shall dismiss the original complaint/information upon the
filing of a new one charging the proper case, provided that the accused
would not be in placed in double jeopardy.

Rule 111. Prosecution of Civil Action

Section 1: Institution of civil actions
General Rule: Civil action is deemed instituted with the criminal action
1. The offended party waives the civil action
2. Reserve the right to institute it separately
3. Institute the civil action prior to the criminal action
When reservation shall be made
1. Before the prosecution presents its evidence
2. Under circumstances affording the offended party a reasonable opportunity to
make such reservation
Instances where no reservation is allowed
1. Criminal violation of BP 22
2. A claim arising from an offense which is cognizable by the Sandiganbayan
3. Taxes
Rules on Filing Fees
General Rule: No filing fees are required for amounts for actual damages
Exception: Criminal Action for BP 22