REMREV1

CRIMPRO (Riano)
CHAPTER 1: Preliminary Considerations
I.Basic Concepts
Concept of Criminal Procedure
Criminal Procedure
-treats of the series of PROCESSES by which the criminal
laws are enforced and by which the State prosecutes persons
who violate the penal laws.
-STEPS by which one who committed a crime is to be
punished
-PROCEDURAL administration of justice
-balance of clash of societal interests (government and
individual)
Adversarial or accusatorial System
-system of procedure in the PHILS
-TWO CONTENDING PARTIES before the court which hears
them impartially and renders judgment after trial
-prosecution and defense
-COURT = PASSIVE
Inquisitorial
-COURT = ACTIVE
Liberal Interpretation of the Rules
Due Process, Mandatory
-hears before it condemns and proceeds upon inquiry and
renders judgment only after trial
Requirements:
1. Court/tribunal trying the case JUDICIAL POWER to
hear and determine the case
2. JURISDICTION lawfully acquired over the person of
the accused
3. OPPORTUNITY TO BE HEARD
4. JUDGMENT UPON LAWFUL HEARING
A.Requisites for the Exercise of Criminal Jurisdiction
a. J over the subject matter
b. J over the territory
c. J over the person of the accused
Jurisdiction over the subject matter v. Jurisdiction over
the person of the accused
J over the subject matter
-authority of the court to hear and determine a particular
CRIMINAL CASE
J over the person of the accused
-authority of the court over the PERSON CHARGED
-person must have been brought in to its forum for trial
(warrant of arrest or voluntary submission)
Jurisdiction over the territory; venue in criminal cases
-offense must have been committed within the courts territorial
jurisdiction
-determined by the facts alleged in the complaint or information
-court of the municipality or territory wherein the offense was
committed or where anyone of the essential ingredients took
place
Venue in criminal Cases
-essential element of jurisdiction
-offense should have been committed or any one of its
essential ingredients should have taken place within the
territorial jurisdiction of the court (it is in that court where the
criminal action shall be instituted)

*In criminal cases, VENUE IS AN ESSENTIAL ELEMENT OF

JURISDICTION.
-determined by the allegations of the complaint or information
Territorial Jurisdiction in criminal cases
-territory where the court has jurisdiction to take cognizance or
to try the offense allegedly committed therein by the accused
*VENUE IN CRIMINAL CASES IS JURISDICTIONAL.
When a court has jurisdiction to try offenses NOT
committed within its territorial jurisdiction
1.Art 2 of the RPC
Art. 2. Application of its provisions. Except as provided in
the treaties and laws of preferential application, the provisions
of this Code shall be enforced not only within the Philippine
Archipelago, including its atmosphere, its interior waters and
maritime zone, but also outside of its jurisdiction, against those
who:
1. Should commit an offense while on a Philippine
ship or airship
2. Should forge or counterfeit any coin or currency
note of the Philippine Islands or obligations and
securities issued by the Government of the Philippine
Islands;
3. Should be liable for acts connected with the
introduction into these islands of the obligations and
securities mentioned in the presiding number;
4. While being public officers or employees, should
commit an offense in the exercise of their functions; or
5. Should commit any of the crimes against national
security and the law of nations, defined in Title One of
Book Two of this Code.
*Included in crimes against national security:
-treason, conspiracy and proposal to commit treason,
misprision of treason, espionage, inciting to war and giving
motives for reprisal, violation of neutrality, correspondence with
hostile country and flight to enemys country
*Crimes against Law of Nations:
-piracy and mutiny, qualified piracy
2.SC orders a change of venue or place of trial to avoid
miscarriage of justice
3.Offense committed in a train, aircraft or other public or
private vehicle in the course of its trip (passed, place of
departure and arrival)
4.Offense is committed on board a vessel in the course of its
voyage (court of first port of entry or municipality or territory
where the vessel passed during the voyage
5.Case is cognizable by the Sandiganbayan (depends on the
nature of the offense and the position of the accused)
-where the court actually sits in QC
- for greater convenience = may be heard in another
geographical region and court may hold sessions outside the
territorial boundaries of the Phils
6.Written Defamation (P.O.? Province or city where the
offended party held ofc at the time of the commission of the
offense; Private indiv? Actually resided
7. Art 360 of the RPC written defamation
Offended Party is:
a.Public Official or Private Person? RTC of the province or city
where the libelous article is printed and first published
b.Private Individual? RTC of the p/c where he actually resided
at the time of the commission of the offense
c.Public Officer whose office is in Manila at the time of the
commission of the offense? RTC of Manila
d.Public officer holding office outside Metro Manila? RTC of the
p/c where he held office at the time of the commission of the
offense
*information must allege with particularity where the
defamatory article was printed and first published with
evidence

*in website on the internet? place first assessed NOT equated

with printing and first publication
*not if merely alleged that the newspaper is a daily publication
*not if merely alleging that the offended party is a physicianand
medical practitioner or merely transacted business and spends
considerable time thereat NOT equated to residence
B. Criminal Jurisdiction over the Subject Matter
Jurisdiction over the subject matter
1.Jurisdiction
-is the right to act or the power and authority to hear and
determine a cause; a question of law
-power and authority to hear and determine issues of facts and
of law, the power to inquire into the facts, to apply the law and
to pronounce the judgment
Criminal Jurisdiction
-authority to hear and try a particular offense and impose the
punishment for it
Jurisdiction over the subject matter
-power to hear and determine cases of the general class to
which the proceeding in question belongs
How Jurisdiction over the subject matter is conferred
1. Law (conferment must be clear)
2. Applicable statute on the matter
3. Sovereign authority which organized the court and
given only by law in the manner and form prescribed
by law
4. NOT by mere administrative policy of any trial court
How Jurisdiction over the subject matter is determined
1.allegations in the complaint/information
2.
3.Jurisdiction of the court is defined by the Consti/statute
4.In cases cognizable by the Sandiganbayan, nature of the
offense and the position occupied by the accused are sine qua
non
5.In complex crimes, court having jurisdiction to impose the
maximum and most serious penalty imposable
Statute Applicable to a criminal Action
law in force at the time of the institution of the action NOT at
the time of the commission of the offense
Use of the Imposable Penalty
-in determining WON the court has jurisdiction
-extent of penalty which the law imposes for the offense on the
basis of the facts alleged in the information or complaint
Principle of Adherence of Jurisdiction or Continuing
Jurisdiction
-once the court has acquired jurisdiction over the controversy,
it shall continue to exercise such jurisdiction until the final
determination of the case and it is not affected by the
subsequent legislation vesting jurisdiction over such
proceedings in another tribunal
XPN: when the statute expressly so provides or is construed to
the effect that it is intended to be operated upon actions
pending before its enactment
XPN to the XPN: no retroactive effect is provided for
Dismissal on Jurisdictional Grounds, Special Appearance
-objection on lack of jurisdiction over the subject matter may be
raised or considered motu propio by the court at any stage of
the proceedings or on appeal
-special appearance to challenge the jurisdiction of the court is
NOT tantamount to estoppel/waiver/voluntary submission to
the court

Raising the issue of jurisdiction for the first time in the SC

-not precluded
-may be raised or considered motu propio by the court at any
stage of the proceedings or on appeal
-Jurisdiction over the subject matter is a criminal case cannot
be conferred upon the court by the accused, by express waiver
or otherwise
-not to secure affirmative relief but failing such, repudiate or
question that same jurisdiction
-same rule in civil cases
-XPN: doctrine laid down in Tijam (bar by laches)
C. Criminal Jurisdiction over the person of the accused
1.acquired upon arrest, apprehension, with or without a
warrant or his voluntary appearance or submission to the
jurisdiction of the court, seeking affirmative relief
-by filing a motion to quash, appearing for arraignment,
participating in the trial or by giving bail
2.giving or posting of a bail
Entering into a counsel assisted plea, waived his constitutional
protection against illegal arrest
3.NOT voluntary appearance when motion to quash the
warrant of arrest
4.Being in the custody of law is NOT necessarily being under
the jurisdiction of the court
i.e. when a person arrested by virtue of a warrant files a motion
before arraignment to quash the warrant, escapes custody
after his trial has commenced
*Custody of Law custody over the body of the accused,
includes detention
D. Injunction to Restrain Criminal Prosecution
GR: Court will not issue writs of prohibition or injunction
preliminary or final to enjoin or restrain criminal prosecution,
injunction will not lie when the case is still at the stage of
preliminary investigation or reinvestigation
XPN:
1.necessary to afford adequate protection to the consti rights of
the accused
2.necessary for the orderly administration of justice or to avoid
oppression or multiplicity of actions
3.there is a prejudicial question which is subjudice
4.acts of the officer are without or in excess of authority
5.prosecution is under an invalid law, ordinance or regulation
6.double jeopardy is clearly apparent
7.court has no jurisdiction over the offense
8.case of persecution rather than prosecution
9.charges are manifestly false and motivated by the lust for
vengeance
10.there is clearly no prima facie case against the accused and
a motion to quash on that ground has been denied
E.Mandamus to Compel Prosecution
1.Mandamus
-remedial measure for parties aggrieved which shall be issued
when any tribunal, corporation, board, officer or person
unlawfully neglects the performance of an act which the law
specifically enjoins as a duty resulting from an office, trust or
station
-matter of discretion on the part of the prosecutor XPT when
here is an inescapable duty to charge and prosecute
(mandatory)
2.GR: a public prosecutor is afforded a wide latitude of
discretion in the conduct of a preliminary investigation
XPN: judicial review is allowed where R has clearly established
that the prosecutor committed GAD

II. Criminal Jurisdiction of Courts

A.MTC, MCTC, MeTC
1.XPT in cases falling within the exclusive jurisdiction of the
RTC and SB
Exclusive Original Jurisdiction:
1.violations of city or municipal ordinances committed
within their respective territorial jurisdiction
2.all offenses punishable by imprisonment not
exceeding 6 years irrespective of the amount of fine
and regardless of other imposable or accessory
penalties including the civil liability arising from such
offenses irrespective of kind, nature, value or amount
-applies where the offense is punishable by
imprisonment or fine or both
2.ART 27 of the RPC, offenses punishable by up to the
maximum of prison correctional which shall not exceed 6 years
XPN: libel (RTC), direct bribery (SB), indirect bribery (SB)
3.where the only penalty provided for by the law is fine, amount
is not more than P4,000.00
4.Exclusive original jurisdiction over offenses involving damage
to property through criminal negligence
5.Violations of BP 22
6.Summary Procedure:
a.violations of traffic laws, rules and regulations
violations of the rental law
violations of municipal or city ordinances
b.all other criminal cases where the penalty prescribed is
imprisonment not exceeding 6 months or fine not exceeding
P1,000.00 or both
c.offenses involving damage to property through criminal
negligence where the imposable penalty does not exceed
P10,0000.00
7.Special Jurisdiction to decide on applications for bail in
criminal cases in the absence of all RTC judges in a province
or city
B. RTC
1.Exclusive Original Jurisdiction in all criminal cases NOT
within the exclusive original jurisdiction of any court, tribunal or
body
XPT: those now falling under the exclusive and concurrent
jurisdiction of the SB
2.Appellate Jurisdiction over all cases decided by the MTC
within its territorial jurisdiction
3.Special Jurisdiction to handle exclusively criminal cases as
designated by the SC
4.Jurisdiction over criminal cases under specific laws such as:
-written defamation
-jurisdiction of designated courts over cases in violation of the
Comprehensive Dangerous Drugs Act of 2002
-violations of the IPC
-public prosecutor has the authority to file a criminal
information for violation of PD 957 and RTC to hear and
adjudicate the action, the penalty being a P20,000 fine and
imprisonment of not exceeding years or both
5.Jurisdiction in Money Laundering Cases
(those committed by public officers and private persons who
are in conspiracy with such public officers = SB)
C. SB
1. PD 1606
2. Sec 4. Jurisdiction
a. Violations of RA 3019 Anti-Graft and Corrupt Practices Act
and RA 1379 and Chapter II Sec 2 Title VII Book II of the RPC,
where one or more accused are officials occupying the
following positions, whether permanent, acting or interim
capacity, at the time of the commission of the offense

1. Officials of the executive branch occupying the

positions of regional director or higher, otherwise
classified as Grade 27 and higher of the
Compensation and Position Classification Act of 1989
(RA 6758), specifically including:
a.Provincial Governors, Vice Governors, members of
the sangguniang panlalawigan, and provincial
treasurers, assessors, engineers and other provincial
department heads
b.City mayors, vice mayors, members of the
sangguniang panlungsod, city treasurer, assessors,
engineers and other city department heads
c.Officials of the diplomatic service, occupying the
position of consul and higher
d.Philippine army and air force colonels, naval
captains and all officers of higher rank
e.Officers of the PNP while occupying the position of
provincial director and those holding the rank of
senior superintendent or higher
f.City and Provincial prosecutors and their assistants
and officials and prosecutors in the Office of the
Ombudsman and special prosecutor
g.Presidents, directors or trustees or managers of
GOCC, state universities or educational institutions or
foundations
2.Members of Congress and officials thereof
classified as Grade 27 and up under the
Compensation and Position Classification Act of 1989
3.Members of the Judiciary without prejudice to the
provisions of the Constitution
4.Chairmen and members of the Constitutional
Commissions, without prejudice to the provisions of
the Constitution
5.All other national and local officials classified as
Grade 27 and higher under the Compensation and
Position Classification Act of 1989
b.Other Offenses or felonies whether simple or complexed with
other crimes committed by the public officials and employees
mentioned in subsection of this section in relation to their office
c.Civil and criminal cases filed pursuant to and in connection
with EO 1, 2, 14 and 14-A issued in 1986
*the SB also exercises civil jurisdiction
*None of the accused are occupying positions corresponding
to Salary Grade 27 or higher or military and PNP officers
mentioned above, exclusive original jurisdiction shall be vested
in the proper RTC, MeTC, MTC and MCTC
*SB- exclusive appellate jurisdiction over final judgments,
resolutions or orders of RTC whether in the exercise of their
own original jurisdiction or of their appellate jurisdiction
*SB- exclusive original jurisdiction over petitions for issuances
of the writs of mandamus, prohibition, certiorari, habeas
corpus, injunctions and other ancillary writs and processes in
aid of its appellate jurisdiction and over petitions of similar
nature, including quo warranto, arising or that may arise in
cases filed or which may be filed under EO 1,2,14 and 14-A
issued in 1986
Provided, jurisdiction shall not be exclusive with the SC
*Procedure prescribed in BP 129 and IRR that the SC has
promulgated and may thereafter promulgate, relative to
appeals/petitions for review of the CA shall apply to appeals
and petitions for review filed with the SB.
*In cases elevated to the SC, the Office of the Ombudsman
shall represent the People XPT in cases filed pursuant to EO
1,2, 14 and 14-A issued in 1986.
*In case private individuals are charged as co-principals,
accomplices or accessories with the public officers or
employees, including those employed in GOCC, they shall be
tried jointly with said public officers and employees in the

proper courts which shall exercise exclusive jurisdiction over

them
3.Prior to RA 8249, the law which governed the jurisdiction of
SB was RA 7975 amending PD 1606
-removal of the word principal
NOW, where one or more accused and may simply be an
accomplice or accessory
*it is sufficient that at least one of them be an official occupying
any of the positions enumerated
Offenses subject to the jurisdiction of the SB
a.Violations of RA 3019, Anti-Graft and Corrupt Practices Act
b.Violations of RA 1379, Act Declaring Forfeiture in Favor of
the State Any Property Found to have been unlawfully acquired
by any public officer or employee
c.Violations of Chapter II, Sec 2, Title VII Book II of the RPC,
law on bribery in all its forms including corruption of public
officers
d.Other offenses or felonies whether simple or complexed with
other crimes, committed by public officials mentioned in letter a
of Sec 4 in relation to their office
offense is committed in relation to their office
-estafa,falsification of public document
e.Civil and criminal offenses filed pursuant to and in connection
with EO 1,2,14 and 14-A issued in 1986
-orders on sequestration cases
Officials and Employees with a salary grade of 27 or
higher
1.a Officials of the executive branch occupying the position of
regional director or higher
b.Members of Congress or officials thereof
c.All other national and local officials
*no reference to: provincial governors, vice governors or
members of the sangguniang panlalawigan, sangguniang
panlunsod, directors or managers of GOCC, city mayors, vice
mayors, city treasurers, assessors, engineers, trustees of state
universities and other officials enumerated in Sec 49(a) (1)
from letters a to g of PD1606 (subject to the jurisdiction of the
SB regadless of salary grade)
*if the accused does not belong to the national and local
officials enumerated, in order for the SB to have jurisdiction
over the offense, must be committed by officials classified as
Grade 27 or higher
2.Congress intended these officials regardless of salary grade
to be specifically included within the SBs original jurisdiction
for had it been otherwise, then there would have been no need
for such enumeration.
Officers falling below salary grade 27
1.Department Manager A of Philhealth = salary grade 26
-among those enumerated in par 1g Sec a of RA 8249 over
which SB has jurisdiction
-Presidents, directors or trustees or managers of GOCC, state
universities or educational institutions or foundations
-specifically includes
2.Sangguniang Panlungsod =salary grade below 27
-those classified as Grade 26 and below may still fall within the
jurisdiction of the SB provided that they hold the positions thus
enumerated by law.
- Particularly and exclusively enumerated are provincial
governors, vice-govenors, members of the sangguniang
panlalawigan, and provincial treasurers, assessors, engineers,
and other provincial department heads; city mayors, vicemayors, members of the sangguniang panlungsod, city
treasurers, assessors, engineers, and other city department
heads; officials of the diplomatic service occupying the position
as consul and higher; Philippine army and air force colonels,
naval captains, and all officers of higher rank; PNP chief

superintendent and PNP officers of higher rank; City and

provincial prosecutors and their assistants, and officials and
prosecutors in the Office of the Ombudsman and special
prosecutor; and presidents, directors or trustees, or managers
of government-owned or controlled corporations, state
universities or educational institutions or foundations. In
connection therewith, Section 4 (b) of the same law provides
that other offenses or felonies committed by public officials and
employees mentioned in subsection (a) in relation to their
office also fall under the jurisdiction of the Sandiganbayan
3.As long as the offense charged in the information is
intimately connected with the office and is alleged to have
been perpetrated while the accused was in the performance of
his official functions, the accused is held to have been indicted
in relation to his office.
Salary grade alone does not determine jurisdiction of the
SB
-includes other executive officials who are by express provision
of the law placed under the jurisdiction of said court
A student regent of a state university is a public officer
-Presidents, directors or trustees or managers of GOCC, state
universities or educational institutions or foundations
-compensation is not an essential element of a public office
and is merely incidental to the public office
Offenses committed in relation to the office
1.The relation has to be such that in the legal sense, the
offense cannot exist without the office
2.Public office is not an element of the crime of murder
-no direct relation between the commission of the crime of rape
with homicide and the office as municipal mayor
3.However, if the information avers the intimate connection
between the office and the offense, this would bring the offense
within the definition of an offense committed in relation to the
public office
4.An offense maybe said to have been committed in relation to
the office if the offense if intimately connected with the office of
the offender and perpetrated while he was in the performance
of his official functions even if public office is not an element of
the offense charged.
-must be alleged in the information
5.While it is true that public office is not an element of the
crime of acts of lasciviousness, nonetheless, he could not have
committed the crimes charged were it not for his being the
judge of the court where the victim was working.
6.Offense as alleged shows its commission while the accused
was in the performance of his official functions and that the
offense could not have been committed had he not held his
office = offense would fall within the jurisdiction of the SB
7.What is controlling is the specific factual allegations in the
information
When the actual specific allegations of the intimacy
between the offense and the official duties of the accused
need not appear in the information
1.if public office is a constituent element of the crime charged
as provided by the statute, no need to state the specific factual
allegations.
2.in those cases where public office is not a constituent
element of the offense charged, the information has to contain
specific factual allegations showing the intimate connection
between the offense charged and the public office of the
accused and the discharge of his official duties or functions.
-the requirement is not complied with if the information merely
alleges that the accused committed the crime charged in
relation to his office because such allegation is merely a
conclusion of law.

3.An offense is deemed to be committed in relation to the

public office of the accused when
a.such office is an element of the crime charged
b.when the offense charged is intimately connected with the
discharge of the official functions of the accused
-even if the position is not an essential ingredient of the offense
charged, if the information avers the intimate connection
between the office and the offense, this would bring the offense
within the definition of an offense committed in relation to the
public office
Anti-money laundering cases
-under the jurisdiction of the SB
Forfeiture Cases
-arises out of a cause of action separate and different from a
plunder case, thus the negating the notion that the crime of
plunder absorbs the forfeiture cases
-in the prosecution for plunder, what is sought to be
established is the commission of the criminal acts in
furtherance of the acquisiotn of ill-gotten wealth
Summary Procedure in Criminal Cases
1.The MeTC, MTCC, MTC and MCTC shall have jurisdiction
over cases falling under summary procedure committed within
their jurisdiction
2.The following cases are subject to summary procedure:
a.Violations of traffic laws, rules and regulations
b.Violations of the rental law and BP 22
c.Violations of municipal and city ordinances
d.All other criminal cases where the penalty prescribed by law
for the offense charged is imprisonment not exceeding
6mothes or a fine not exceeding one thousand pesos or both,
irrespective of other imposable penalties, accessory or
otherwise or of the civil liability arising therefrom
e.Offenses involving damage to property through criminal
negligence where the imposable fine does not exceed
P10,000.00
3.The filing of criminal cases may be either by complaint or
information.
-In Metro Manila and other chartered cities, the filing shall be
by information except when the offense is one which cannot be
prosecuted de officio.
-The complaint or information shall be accompanied by the
affidavits of the complainants and his witnesses,complied with
within 5 days from filing the case otherwise, the same may be
dismissed.
4.Should the court find no cause or ground to hold the accused
for trial, it shall order the dismissal of the case.
-If there is a ground to hold the accused for trial, the court shall
set the case for arraignment and trial.
5.Before conduction the trial, the court shall call the parties to a
preliminary conference during which the following may be
done:
a.entering into a stipulation of facts
b.considering the propriety of allowing the accused to enter a
plea of guilty to a lesser offense
c.taking up such other matters to clarify the issues and to
ensure a speedy disposition of the case
6.If the accused refuses to stipulate or fails to do so, such will
not prejudice the accused.
Any admission of the accused made during the preliminary
conference must be reduced to writing and signed by the
accused and his counsel.

-If this requirement is not met, such admission shall not be

used against him.
7.During the trial, an actual direct examination of the witnesses
is not required.
-affidavits submitted shall constitute their direct testimonies,
-the witnesses however, may be subject to a crossexamination, re-direct examination or re-cross examination.
-should the affiant fail to testify, his affidavit shall not be
considered as competent evidence for the party presenting the
affidavit.
-however, the adverse party may utilize the same for any
admissible purpose.
8.The court is mandated not to order the arrest of the accused
except where the ground is his failure to appear when required
by the court.
-If he is arrested, he may be released on bail or on
recognizance by a responsible citizen acceptable to the court
9.Where a trial has been conducted, the court shall promulgate
the judgment not later the 30 days after the termination of the
trial.
Prohibited Pleadings, motions and petitions in summary
procedure, civil and criminal cases
Sec 19, 1991 Rule on Summary Procedure
(a) Motion to dismiss the complaint or to quash the complaint
or information except on the ground of lack of jurisdiction over
the subject matter, or failure to comply with the preceding
section;
(b) Motion for a bill of particulars;
(c) Motion for new trial, or for reconsideration of a judgment, or
for opening of trial;
(d) Petition for relief from judgment;
(e) Motion for extension of time to file pleadings, affidavits or
any other paper; (f) Memoranda;
(g) Petition for certiorari, mandamus, or prohibition against any
interlocutory order issued by the court;
(h) Motion to declare the defendant in default;
(i) Dilatory motions for postponement;
(j) Reply;
(k) Third party complaints;
(l) Interventions.

III. Synopsis of the Criminal Litigation Process

Initial Contact with the Criminal Justice System