What is Criminal Procedure?

Criminal Procedure deals with the apprehension of a person or prosecution of one who violated
the law and his punishment if he is found guilty.

Jurisdiction of the RTC

1. Offenses with a statutory penalty of more than 6 years
2. Cases of written defamation (Art. 360 RPC)
3. Drug cases (RA 9165)
4. Intellectual Property Cases
5. Money Laundering (X – when committed in conspiracy with public officials)
6. Cyber Crimes
7. Violation of the Omnibus Election Code

Jurisdiction of the SB (p. 44~ Riano)

1. Exec, Leg, Jud, Diplomatic Service, AFP, PNP, Pros, Pres/Dir/Trustee/Man. of
GOCC/State U, Con-com, others with SG 27+
2. Viol. of RA 3019, 1379, Chap. II, Sec. 2, Title VII of the RPC, other offenses committed by
those enumerated above in relation to their office.

Complaint – (Sec. 3, Rule 110) – A sworn written statement charging a person with an offense,
subscribed by the offended party, any peace officer, or other public officer charged with the
enforcement of the law violated.
Information – (Sec. 4, Rule 110) – an accusation in writing charging a person with an offense,
subscribed by the prosecutor and filed with the Court.

Private Crimes (May not be prosecuted de oficio)

1. Adultery and Concubinage (Offended spouse only, must be both parties)
2. Seduction, abduction, acts of lasciviousness (Offended party or her P, GP, or G; x –
pardon; State may file in case of death of victim and absence of P, GP, or G)
3. Defamation (Offended party only; only for cases enumerated herein)

Who must prosecute?

All criminal actions commenced by a complaint or information shall be prosecuted under the
direction and control of the prosecutor.

The private prosecutor may be authorized in writing by the Chief of the Prosecution Office or the
Regional State Prosecution to prosecute the case subject to the approval of the Court. Once so
authorized, the private prosecutor shall continue to prosecute the case up to the end of the trial
even in the absence of a public prosecutor, unless the authority is revoked.

(Authority need only be sought in case of prosecution without the public prosecutor’s presence
and on condition of heavy work schedule of the PP or lack of PP, primary concern is the civil
aspect of the case) [Civil aspect may be appealed by both accused and complainant, Criminal
aspect may only be appealed by accused in case of conviction. No appeal is allowed for
acquittals)

What are the sources of independent civil action?

1. Art. 32, 33, 34, 2176 NCC

Prejudicial Question – The elements of a prejudicial question are: a) the previously instituted
civil action involves an issue similar or intimately related to the issue raised in the subsequent
criminal action, and b) the resolution of such issue determines whether or not the criminal action
may proceed.

Warrantless arrests

1) Section 5 Rule 113.

A peace officer or a private person may, without a warrant, arrest a person:

(a) When, in his presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense;
(b) When an offense has just been committed, and he has probable cause to believe based on
personal knowledge of facts or circumstances that the person to be arrested has committed it;
(c) When the person to be arrested is a prisoner who has escaped from a penal establishment or
place where he is serving final judgment or is temporarily confined while his case is pending, or
has escaped while being transferred from one confinement to another.

2) When a person previously lawfully arrested escapes or is rescued

3) When an accused released on bail attempts to depart from the Philippines without
permission of the court where the case is pending

Warrant of arrest – No search warrant or warrant of arrest shall issue except upon probable
cause to be determined personally by the judge after examination under oath or affirmation of the
complainant and the witnesses he may produce, and particularly describing the place to be
searched and the persons or things to be seized.

Probable cause

1. Warrant of arrest – Such facts and circumstances which would lead a reasonably discreet
and prudent man to believe that an offense has been committed by the person sought to be
arrested. (Ocampo v Abando)
2. Search warrant – The existence of such facts and circumstances which would lead a
reasonably discreet and prudent man to believe that an offense has been committed and that the
objects sought in connection with the offense are in the place to be searched (Century Chinese
Medicine Co. v People)
3. Warrantless arrest – actual belief or reasonable grounds of suspicion. The grounds are
reasonable when the suspicion that the person to be arrested is probably guilty of committing the
offense is based on actual facts, coupled with good faith on the part of the peace officers making
the arrest (Abelita v Doria)
4. Filing of an information - whether there is sufficient ground to engender a well founded belief
that a crime has been committed and that the respondent is probably guilty thereof and should be
held for trial.

Valid warrantless searches

1. Warrantless search incidental to a lawful arrest
2. Seizure of evidence in plain view
3. Search of a moving vehicle
4. Consented warrantless search
5. Customs search
6. Stop and frisk
7. Exigent and emergency circumstances
8. Search of vessels and aircraft
9. Inspection of buildings for enforcement of regulations

Bail (Sec. 1 Rule 114)– Security given for the release of a person in custody of the law, furnished
by him or a bondsman, to guarantee his appearance before any court as required under the
conditions hereinafter specified. Bail may be given in the form of corporate surety, property bond,
cash deposit, or recognizance. (See page 319, Riano)

Presence of the accused – During arraignment, promulgation of decision, and whenever the
Court requires his presence (For identification)

Plea bargaining – Privilege given to the accused to plead guilty to a lesser offense, provided
that:
1. The lesser offense is necessarily included in the offense charged;
2. The plea must be with the consent of all the parties (Accused, Prosecution, Court)

Plea of guilty

To a capital offense: The court shall conduct a searching inquiry into the voluntariness
and full comprehension of the consequences of his plea and shall require the prosecution to prove
his guilty and the precise degree of culpability. (Sec. 3 Rule 116)

To a non-capital offense: The court may receive evidence from the parties to determine
the penalty to be imposed.

Suspension of arraignment

1. Unsound mental condition

2. Prejudicial question
3. Petition for review
Motion to Quash

The accused may move to quash the complaint or information on any of the following grounds:
(a) That the facts charged do not constitute an offense;
(b) That the court trying the case has no jurisdiction over the offense charged;
(c) That the court trying the case has no jurisdiction over the person of the accused;
(d) That the officer who filed the information had no authority to do so;
(e) That it does not conform substantially to the prescribed form;
(f) That more than one offense is charged except when a single punishment for various offenses
is prescribed by law;
(g) That the criminal action or liability has been extinguished;
(h) That it contains averments which, if true, would constitute a legal excuse or justification; and
(i) That the accused has been previously convicted or acquitted of the offense charged, or the
case against him was dismissed or otherwise terminated without his express consent.