Criminal Procedure
The method prescribed by law for the apprehension and prosecution of persons accused of on
offense and their punishment, in case of conviction, after a trial in the manner prescribed.
History:
General Order 58 Major General Otis
1940 Rules of Court
1964 Rules of Court
1985 Rules of Criminal Procedure
1988 Amended
1991 Amended (Rule 114)
December 1, 2000 2000 Rules on Criminal Procedure
System of Philippine Criminal Procedure
1. Inquisitorial
The detection and prosecution of criminal cases are not left to the initiative of the private parties
but to the officials and agents of the government
Example:
a. Control of the criminal case is given to the public prosecutor
b. Preliminary investigation
c. Automatic appeal
2.
Accusatorial
The role of the government is only secondary. Importance is given to the role of the victim and
the accused. The accusation is exercised by every citizen or by the group by which the injured party
belongs.
Example:
a. Right of the accused to a public trial
b. Right of the accused to be present in every stage of the proceedings
c. Right of the victim to intervene by hiring a private prosecutor
3.
Mixed
JURISDICTION
Jurisdiction in criminal cases is the power and authority of a court to take cognizance of an offense and to
pronounce a judgment or sentence provided by law after a trial in the manner prescribed.
Elements of Jurisdiction in Criminal cases:
a. Territorial Jurisdiction (2 Interim Rules)
The limits of the geographical boundaries of a place within which a court has jurisdiction to act
judicially and outside of which its judicial acts are null and void.
Jurisdiction of a court in criminal cases is determined by:
1. The geographical area over which the court presides, and
2. The fact that the crime was committed or any of its essential elements took place within said
areas.
Note: SC can order the change of venue or place of trial to avoid miscarriage of justice (par. 4 & 5,
Art. VIII, 1987 Constitution)
Example:
People vs. Camilo Pilotin, et al, G.R. Nos. L-35377-78, July 31, 1975
Defendant-appellant Vincent Crisologo sought the transfer of the Criminal case No. 3949 of the
municipal court of Vigan, Ilocos Sur to the New Bilibid Prisons, or alternatively, to Camp Crame,
Aguinaldo or Olivas on the ground that if he were to be confined in Vigan Municipal jail during the
trial, his life would be in jeopardy.
Marianne Macayra
Finding the motion meritorious and applying 5(4), Art. X of the Constitution, the SC ordered the
transfer of the record of the case to the City Court of QC and the holding of the trial at Camp Crame.
b.
c.
Note: All the three elements must exist otherwise, the court has no jurisdiction to try and decide a criminal
case.
A P P E L L AT E J U R I S D I C T I O N
Basic Premises:
1. All appeals from the CA go to the SC.
2. All appeals from the Sandiganbayan go to the SC.
3. All appeals from the MTC, MTCC, MCTC go to the RTC regardless of the issue.
Conclusion:
The only problem in appeal is where do you appeal from the decision of the RTC?
Marianne Macayra
3.
Marianne Macayra