A. Importance of criminal procedure in the light of Article III of the 1987 Read:
Constitution
-Constitution, Art. III, Sec. 2, 3, 12, 19, 20
B. Coverage of basic criminal procedure -Republic Act 7438
-Revised Penal Code Art. 124, 125
C. References -Civil Code, Art. 32
-Jesalva vs. People, GR No. 187725 (2011)
- Rules on Criminal Procedure -People vs. Baloloy, GR No. 140740, 381 SCRA 31 (2002)
- Riano, Updated Criminal Procedure (The Bar Lecture Series) 2011 -People vs. Ayson, GR No. 85215, 175 SCRA 216 (1989)
- Cases and issuances listed under each section below -People vs. Escordial, 373 SCRA 585 (2002)
- Additional cases and issuances to be assigned from time to time. -People vs. Hilarion Teves, 356 SCRA 14 (2001)
-People vs. Deorito Porio, 376 SCRA 596 (2002)
-People vs. Andan, 269 SCRA 95 (1997)
-PNP Legal Advisory on voluntary surrender and extrajudicial confessions -
SECTION 2. POLICE INVESTIGATION STAGE
see PNP website
- Roberts, Jr. vs. Court of Appeals, GR No. 113930, (1996) - Stonehill vs. Diokno, 20 SCRA 383 (1967)
- Pangandaman vs. Casar, 159 SCRA 599 (1988) - Bache vs. Ruiz, 37 SCRA 823
- People vs. Nasario Molina, 352 SCRA 174 (2001) - People vs. Salanguit, 356 SCRA 683 (2001)
- People vs. Dequina, GR 177570 (2011) - Al-Ghoul vs. Court of Appeals, GR No. 126859, Sept. 4, 2001
- People vs. Ng Yi Bun, GR 180452 (2011) - Social Justice Society vs. Dangerous Drugs Board, GR No. 157870, 3
- People vs. Rolando S.Delos Reyes, GR 174774 (2011) - Nala vs. Barroso, GR No. 153087, Aug. 7, 2003
- People vs. Raquero, GR 186529 (2010) - People vs. Musa, 217 SCRA 597 (1993)
- People vs. Aruta, GR 120915 (1998) - People vs. Ruben Burgos, 144 SCRA 1 (1986)
- Alvin Comerciante v. People, GR No. 205926 (22 July 2015) - Terry vs. Ohio, 392 US 1 (1968)
- Posadas vs. Court of Appeals, 188 SCRA 288 (1990)
- People vs. Jose Ancheta, GR 197371, June 13, 2012
- Pollo vs. Constantino-David et al, GR 181881 (2011)
SECTION 4. SEARCH AND SEIZURE
- People v. Sonia Bernel Nuarin, GR No. 188698 (22 July 2015) 4. Jurisdiction of Court of Appeals
- People v. Rodolfo Bocadi, GR 193388 (1 July 2015) 5. Jurisdiction of Supreme Court
6. Venue
MIDTERM EXAM
Read:
SECTION 9. BAIL
- Rule 122
- Rule 124
- Tan vs. People, 381 SCRA 74 (2002) - Read including the dissenting
opinion
- People vs. Madali, 349 SCRA 104 (2001)
- People vs. Sandiganbayan, GR No. 140633 (4 Feb. 2002)
- People vs.Josefino Fernandez, GR No. 80481 (27 June 1990) Class participation will consist of recitations, handwritten comparative case
- Teodoro vs. Court of Appeals, 258 SCRA 603 (11 July 1996) analysis, discussion board on Facebook, reaction papers, group work and
other activities and assignments throughout the course.
This is required for three reasons: First, this will force you to read all the
MEETING 14 - INTEGRATION cases. Second, this will train you to take a critical look at the cases, to see
the similarities and differences, so that you will remember the principles
better. Third, this will force you to improve your handwriting in preparation for
the bar exams.
COURSE REQUIREMENTS:
Every handwritten analysis must be on yellow pad, single space with a one-
1. Attendance and class participation (see below for details) inch margin on the left side, with a minimum of three pages. There should be
2. Mid-term examination an introduction, a body and a conclusion, as stated in the above link.
3. Final examination
All comparative analysis papers will be graded, equivalent to 10 points each.
Equal weight for each of these components. Example: These will be collected at the end of the class discussion involving that
particular topic.
Class participation 90
All class members are expected to join the Facebook Group. From time to
Final exam 85
time, links to articles and videos will be posted with questions involving
criminal procedure. Students are expected to give their comments as threads
Total 262 / 3 = 87.33 = 87
to the discussion. Students are also encouraged to post articles, videos and
CLASS PARTICIPATION other links that are relevant to the topic, to spur discussion. Active
involvement in these discussions will count towards class participation.
3) CURRENT EVENTS MONITORING -----
Updated as of January 15, 2016.
Students are encouraged to read the newspapers everyday and identify news All rights reserved. Atty. Rosario Olivas
articles that involve criminal procedure. Links to these articles may be posted
on our Facebook page, so that the principles and rules studied in class will
come to life.