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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.
- Concerned with the procedural steps through
which a criminal case passes, commencing
with the initial investigation of a crime and
concluding with the unconditional release of
the offender.
- Generic Term used to describe the network of
laws and rules which governs the procedural
administration of criminal justice.
Sources of Criminal Procedure
1. The Spanish Law of Criminal Procedure
(Ley de Enjuiciamento Criminal)
2. General Orders No. 58, dated April 23,
1900
3. Amendatory Acts passed by the
Philippines Commission (Act No. 194)
4. The various quasi acts, The Philippines
Bill of 1902, the Jones Law of 1916, the
Tydings-McDuffie
law
and
the
Constitution of the Philippines
5. The Rules of Court of 1940 and the
1964, 1985, and 1988 Rules on Criminal
Procedure.
6. Constitution Rights of an Accused
under Article III
7. The Civil Code (Arts. 32, 33, and 34)
8. Judicial
Decisions
applying
or
interpreting our laws which form part of
our legal system.
9. R.A. No. 8493, The Speedy Trial Act of
1998
10.Circulars
11.The
Revised
Rules
on
Criminal
Procedure (Rules 110-127, Revised
Rules
of
Courts,
As
Amended,
December 1, 2000, A.M. No. 00-5-03
SC)
Three Systems of Criminal Procedure
A. 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.
B. Accusatorial The accusation is
exercised by every citizen or by a
member of the group to which the
injured party belongs. 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 the verdict.
C. The Mixed System The combination
of the inquisitorial and accusatorial
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Jerwel Adrian C. De Perio
Criminal Procedure
A. It must have jurisdiction over the
subject matter;
B. It must have jurisdiction over the
territory where the offense was
committed;
C. It must have jurisdiction over the
person of the accused
Jurisdiction over the subject matter is
the power to hear and determined cases of the
general class to which the proceedings in
questions belong. (Reyes vs Diaz, 73 Phil.
484)
Principles of Jurisdiction
A. General Rule: The Jurisdiction of
Courts are determined by:
a. The Geographical limits of the
territory over which it presides
b. The actions (Civil and Criminal)
it is empowered to hear and
decide.
B. As the question of jurisdiction is always
of importance, if the prosecution fails to
prove that fact, the court may always
permit it to present additional evidence
to show the fact that the crime was
committed within its jurisdiction.
C. When filing of the complaint or
information a warrant for the arrest of
the accused is issued by the trial court
or was duly arrested, the court thereby
acquired jurisdiction over the person of
the accused.
D. Conferred only by the sovereign
authority which organizes the courts.
When jurisdiction over an offense has
not been conferred by law, the accused
cannot confer it by express waiver or
otherwise. (U.S. vs De la Santa 9 Phil
22) Jurisdiction over criminal cases
cannot be conferred by consent. (U.S.
vs Reyes, 1 Phil 249)
E. If under the law the court has no
jurisdiction over the subject matter, it
cannot take cognizance of the case,
notwithstanding
the
silence
or
acquiescence of the accused.
a. Exception:
When
there
is
estoppel by laches to bar attacks
on jurisdiction.
F. A conviction or acquittal before a court
having no jurisdiction is, like all
proceedings in the case, absolutely
void, and is therefore no bar to
subsequent indictment and trial in a
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Jerwel Adrian C. De Perio
Criminal Procedure
of prescription of the offense charged
unless otherwise provided in special
laws. (1a)
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Jerwel Adrian C. De Perio