Professional Documents
Culture Documents
Crim Pro Notes Final
Crim Pro Notes Final
RTC
level All
criminal
cases where the
penalty
is
higher than 6
years
Criminal Cases
where
the
penalty is less
than 6 years
Appellate
jurisdiction
over all cases
decided by the
MTC
Sandiganbaya
n
Exclusive
Jurisdiction:
Salary Grade 27
+
offenses
committed by a
public officer in
relation to his
office
Appellate
Jurisdiction of
MTC/RTC over
offenses
committed by
public officers
Exclusive
original
jurisdiction in
criminal cases
not within the
exclusive
jurisdiction of
any court
investigation is entailed
and accused has to plead
anew
Requires or presupposes
that new info involves a
different offense which
does not include or is not
included in the original
charge, hence, accused
cannot claim double
jeopardy
PROSECUTION
OF
CIVIL
Q: What is an arrest?
A: It is the taking of the person into custody in
order that he may be bound to answer for the
commission of an offense.
Note: By way of arrest, the court already acquired
jurisdiction over the person (emphasized by Atty.
Anel in discussion) as well as voluntary
submission is an indication that the court already
acquired jurisdiction over the person.
KNOWLEDGE
OF
FACTS
AND
CIRCUMSTAMCES emphasized!)
3.) Escapee- When the person to be arrested is a
prisoner who has escaped from a penal
establishment or place where he is serving a
final judgment or its temporarily confined while
his case is pending, or has escaped while being
transferred from one confinement to another.
Q: What is Citizens Arrest?
A: A private person may without a warrant, arrest a
person when, in his presence, the person to be
arrested is in flagrante delicto.
Note: The right to break into a building or
enclosure does not apply to a private person
READ OTHER SECTIONS OF RULE 113
RULE 114: BAIL
Q: What is bail? What is the purpose of bail?
A: It is the security given for the release of the
person in custody of the law furnished by him or
a bondsman to guarantee his appearance before
any court as required to the conditions given by
the rules.
Q: Forms of bail
A: 1.) Corporate Surety
2.) Property Bond
3.) Cash Deposit
4.) Recognizance
Q: When is bail a matter of right, and a matter of
discretion?
MTC
RTC
Before
Conviction
Matter of right
Matter of right
exception:
death, reclusion
perpetua,
or
life
imprisonment
After
Conviction
Matter of right
Discretionary
of an offense
not punishable
by
death,
reclusion or life
imprisonment
A: 30 Days
Q: Regardless of 10 or 30 days what can the
accused do within this period?
A: 1.) Bill of Particulars Prepare for trial for a
longer period
2.) Motion to Quash (Rule 117, 9 grounds)
3.) Suspension (Insanity, PQ, DOJ-60 days)
Q: How is arraignment made?
A: The arraignment shall be made in open court by
the judge or clerk by furnishing the accused with a
copy of the compliant or information, reading the
same language or dialect known to him and asking
whether he pleads guilty or not guilty. The
prosecution may call at the trial witness other than
those named in the complaint or information.
Q: What is Improvident Plea?
A: 1.) A plea of guilty was cancelled by violence or
intimidation.
2.) The accused did not fully understood the
meaning and consequences of his plea
3.) Information is insufficient to sustain conviction
of the offense charged.
Q: When can the accused withdraw an improvident
plea of guilty?
A: At any time before the judgement of conviction
becomes final.
Q: When the accused pleads guilty to a capital
offense, what should the court do?
A: The court shall conduct searching inquiry into
the voluntariness and full comprehension of the
consequences of his plea and shall require the
prosecution to prove his guilt and the precise degree
of culpability.
Q: When the accused plead guilty to non- capital
offense, what should the court do?
A: The court may receive evidence from the parties
to determine the penalty to be imposed.
Q: What is judgment?
RULE
121:
NEW
RECONSIDERATION
TRIAL
OR