A.Y. 2017-2018
Lectures of CA Justice Pablito Perez
Criminal Procedure
Prepared by Kiko Corpuz
Preliminary discussion
Jurisdiction
- Jurisdiction over the subject matter is conferred by the law or the constitution. It is
determined by the mere reading of the allegations in the complaint or information. Also,
even after supervening events have transpired, the court which initially acquired
jurisdiction will not lose the same.
- EXAMPLE: The complaint alleged serious physical injuries. The jurisdiction is
covered by MTC. However 3 days after the filing, the victim dies. The complaint
is now amended to homicide. The MTC still has the jurisdiction despite homicide
being in the exclusive jurisdiction of RTC.
- Jurisdiction over the person of the accused is acquired voluntarily (e.g. upon his
surrender) or upon arrest. There is also a voluntary acquisition of jurisdiction when the
accused files a motion for reinvestigation, etc. because the accused now submits himself
under the authority of the court.
- Why is it important to acquire jurisdiction over the person of the accused?
Because the state cannot prosecute crimes if there are no offenders. It is useless.
- Jurisdiction over the territory is determined by the place where the offense has been
committed or where any of its essential ingredients occurred.
- EXCEPTION: When the Supreme Court transfers the trial to other places to
preserve justice.
B. Preliminary investigation (only a primer, not the entire discussion of Rule 112, because
PI is highly connected with Rule 110 so Justice Perez started to discuss it)
- Is the preliminary investigation a judicial process?
- NO. It is only an administrative or executive process because only the prosecutor
is involved. The prosecutor is under DOJ.
- Who conducts preliminary investigation?
- Provincial prosecutors & assistants
- City prosecutors & assistants
- National and regional state prosecutors (directly under the DOJ)
- Any officer authorized by law (the Secretary of Labor, etc.)
- The Secretary of Justice may designate persons to conduct preliminary
investigation
- What is a preliminary investigation?
- See Sec. 1 of Rule 112.
- Why is it called “probable cause”?
- Because these are causes to which a reasonable man would probably believe that
a crime may have been committed.
- LITERALLY, it means that there must have been probably a reason for the
occurrence of the crime.
- Why is it called “preliminary” investigation?
- The prosecutor can only determine preliminarily the probable cause, and only the
courts have the power to conclusively say that indeed a crime has been
committed.
- Reason behind it being preliminary: the criminal trial should not be commenced
unless it reasonable.
- Preliminary investigation is not a constitutionally granted right, but is considered a vital
part of due process.
- When is preliminary investigation required?
- When offense is punishable by more than 4 years 2 months and 1 day (4-2-1). In
criminal law nomenclature, it is punishable by more than prision correccional in
its medium period.
- This is regardless of the fine imposed.
- If penalty is only fine, is PI required? (Tricky question of Justice Perez)
- IT DEPENDS on the place where the crime is committed. Under BP 129, PI is
always required in NCR, regardless of fine or penalty.
- In other words, if the charter of the city requires PI regardless of the penalty, then
PI is so required. If the charter does not require, then it is not required.
H. Duplicity
- General rule: Information must only charge one crime. This is a ground to quash the
complaint.
- If the information is duplicitous, is the information invalid?
- No. The accused may only file a motion to quash, otherwise, it remains valid.
- Can the court convict a person under a duplicitous information?
- Yes. Because the information is still valid.
- What is the purpose of the rule against duplicitous information?
- For the sake of the accused. That is why he is given an option to quash it.
- Some examples on the application of the rule on duplicity:
- If the person stole a chicken from one house, then another chicken from another
house, there is only one count of theft, because there was a single intent: a
continuing offense. Hence, it is not duplicitous.
- If the victim was raped many times, it is duplicitous. The counts of rape is as the
number of times it was committed. However, the charges will be consolidated in
the same court.
- Exceptions to the rule on duplicity:
- Continuing offense - one criminal intent, but is continued
- Compound crime - a single act constitutes 2 or more grave or less grave felonies
- Complex crime proper
- Special complex crime
- In the above mentioned exceptions, the accused cannot move to quash the
information.
I. Amendment/Substitution
- When is substitution proper?
- When there is a mistake (last paragraph of Sec 14, Rule 110; see also the rule on
mistake as discussed above)
- After trial, parties noticed that the information was wrong. Can the court order the
substitution of the details which are wrong?
- Yes.
- Is it mandatory for the court to order filing of new information?
- No. The prosecution, even without the order of the court, may file new
information.
- When is amendment a matter of right?
- Anytime before the accused is arraigned. The state may amend either formal or
substantial, even without the court’s permission.
- When is amendment not a matter of right even before arraignment?
- When there is a downgrading of nature of the offense charged
- When there is an exclusion of any accused from the information
- Why is it not a matter of right in such cases?
- Because it requires the permission of the court, and only upon the motion of the
prosecutor w/ notice to the offended party.
- Why is the notice to offended party required? He is only a mere witness to the
criminal case.
- No answer from Justice Perez.
- (WILD GUESS): Because in a criminal complaint, the civil aspect of the same is
deemed instituted with the former. Hence, the offended party needs to be notified
as well, since he is primarily concerned with the civil aspect of the case.
- Test to determine whether the amendment is on form or substance?
- If the amendment affects the recital of the facts which constitute the offense and
which is determinative of the court’s jurisdiction over the case, then it is
substantial. Otherwise, it is formal.