Professional Documents
Culture Documents
SylCrimProOBF2019 20
SylCrimProOBF2019 20
This course introduces the law student to the rules on the prosecution of criminal cases
and of their civil aspect in certain cases, including the protection of the rights of the
accused as well as “those of the State,” the relevant jurisdiction of the courts and of the
justice department/prosecution service, and such other important aspects of the
criminal justice system.
The course aims to create in the student a dig-deep understanding of the rules of
criminal procedure (including their nature and rationale) and the fundamental ability to
apply these in the evaluation and resolution of legal problems and cases.
“Understanding and application” will hopefully make the law student more effective in
practice court and much later, as lawyers (whether as defense attorneys or as
prosecutors) in litigation work. The course also aims to integrate the rules of criminal
procedure with other procedural rules as well as with constitutional principles and
provisions.
The course, which presents to the student not only the rules and jurisprudence but also
relevant law, makes use of the Socratic Method in recitation (without prejudice to
quizzes). In-depth analyses and discussion of “legal-doctrinal” cases are conducted.
Final and mid-term written examinations are also required.
Course Proper
Jurisdiction
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- People v. Reyes, G.R. No. 74226-27, 1989
- People v. Duque, G.R No. 100285, 2002
- BP 881
- SEC v. Interport, GR No. 135808, 2008
- Sanrio v. Lim, GR No. 168662, 2008
- Zaldivar v. Reyes, GR No. 102342, 1992
- RA 7160, Sec. 410(c) – filing of complaint with Punong Barangay.
Control of Prosecution
- Crespo v. Mogul, L-53373, 1987
- Martinez v. Court of Appeals, GR No. 112387, 13 October 1994
- Solicitor-General at CA/SC; Heirs of Delgado v. Gonzalez, GR No. 184337,
2008
- Office of the Special Prosecutor (Section 4, PD 1606, as amended by RA 8249)
Effect of Desistance
Offended Party’s Personality to File a Rule 65 Certiorari (Perez v. Hagonoy Rural
Bank, Inc., GR No. 126210, 2000)
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- People v. Valdez, GR No. 175602, 2013
- United States v. Lim San, 17 Phil. 273 (2010)
- People v. Teves, GR No. 128839, 1999
- People v. Bayabos, GR No. 171222, 2015
- People v. Ching, GR No. 177150, 2007
- People v. Dichao, 27 Phil. 421 (1914)
- United States v. Lahoylahoy, 38 Phil. 330 (1918), relate to People v. Gloria,
GR No. 39229, 1977
- People v. Pareha, GR No. 202122, 2014
Intervention of the Offended Party in the Criminal Action – cf. Rule 111
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Prejudicial Question; Suspension By Reason Thereof (Sections 6 and 7)
- People v. Arambulo, GR No. 186597, 2015
- People v. Consing, GR No. 161075, 2013
- Joselito Pimentel v. Maria C. Pimentel, GR No. 172060, 2010
- Yap v. Cabales, GR No. 159186, 2009
- Previous Administrative Case: San Miguel Properties v. Perez, GR No.
166836, 2013
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Section 5, When Warrant of Arrest May Issue/Who May Issue
Warrant/Determination of Probable Cause/Reinvestigation and Other Reliefs/No PI
- Section 2, Article III, 1987 Philippine Constitution (Consti) (relate to Rule 113)
- Crespo v. Mogul, supra
- Roberts, Jr. v. Court of Appeals, GR No. 113930, 1996
- Whitely v. Warden, Wyoming State Penitentiary, 401 US 560, 91 S.Ct. 1031, 28
L.Ed.2d 306 (1971)
- Sesbreo v. Aglugub, AM No. MTJ-05-1581, 2005
- Villaflor v. Viva, GR No. 134744, 2001
- Hao v. People, GR No. 183345, 2014
- Reyes v. Ombudsman, GR Nos. 212593-94, 2016; relate to Section 36, Rule 130,
Revised Rules on Evidence
- People v. Lugnasin, GR No. 208404, 2016 (on Perceived Irregularity)
Section 7, Records
Section 8, Cases Not Requiring PI nor Covered by Rule on Summary Procedure
Arrest (Rule 113; Section 6, Rule 112), Investigations by Law Enforcers, and
Other Considerations
Nature and Purpose – Chance v. State, 202 So. 2d 825 (Fla. 1967)
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Where Warrant May Be Served – Section 3, Rule 135
- In Flagrante v. Immediacy
- Doctrine of Hot Pursuit
- People v. Molina, GR No. 133917, 2001
- Comerciante v. People, GR No. 205926, 2015
- Pestilos v. Generoso, GR No. 182601, 2014
- Rolito Go v. Court of Appeals, GR No. 125299, 1989
- Sapi v. People, GR No. 200370, 2017
- People v. Lim, GR No. 141699, 2002 (Illegal Raid v. Lawful Buy-Bust)
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- Pilipinas Shell Petroleum Corp. V. Romars International Glass Corp., GR No.
189669, 2015
- Sps. Marimla v. People, supra
- AM No. 00-5-03-SC
Sections 3 and 4, Personal Property/Requisite for Issuing Search Warrant
- “One Specific Offense” Rule
- Sy Tan v. SyTion, GR No. 174570, 2010
- Article 416, NCC
- World Wide Web Corp., et al v. People, et al. & Planet Internet Corporation v.
PLDT, GR Nos. 161106 and 161266, 2014
- People v. Castillo, Jr., GR No. 204419, 2016; also Malalaon v. Court of Appeals,
GR No. 104879, 1994
- Laud v. People, GR No. 199032, 2014
- Sony Computer v. Supergreen, Inc., GR No. 161823, 2007
Section 5, Examination of Complainant and Witnesses; Record and Section 6,
Issuance and Form of Search Warrant
- Probable Cause
- Stonehill v. Diokno, GR No. 19550, 1967
- Ogayon v. People, GR No. 188794, 2015
- Particularity
- People v. Posada, GR No. 196052, 2015
- Chan v. Honda Motors, GR No. 172775, 2007
Section 7, Right to Break Door or Window
- Sony Computer Entertainment v. Bright Future Technologies, GR No. 169516
Section 8, Search of Premises
- Lucito v. People, GR No. 1922050, 2013
- People v. Punzalan, GR No. 199087, 2015
Section 9, Time of Making Search
- People v. Padilla, GR No. 172603, 2007
Section 10, Validity of Search Warrant
Section 11, Receipt for Property Seized; Section 12, Delivery of Property and
Inventory; “Chain of Custody”
- People v. Dela Cruz, GR No. 205414, 2016; cf. RA 9165, Section 21
- People v. Romy Lim, GR No. 231989, 2018
Section 13, Search Incident to Lawful Arrest
- New York v. Belton, 453 US 454, 101 S.Ct 2860, 69 L.Ed.2d 768 (1981)
- Illinois v. Lafayette, 462 US 640 (1983) (“Booking Arrests”)
- Payton v. New York, 445 US 573, 600 S.Ct. 1371, 63 L.Ed.2d 639 (1980)
- People v. Calantiao, GR No. 203984, 2014
- People v. Belacura, GR No. 173474, 2012
Consented Search
- Valdez v. People, GR No. 170180, 2007
- People v. Nuevas, GR No. 170233, 2007
- Luz v. People, GR No. 197788, 2012
- Bumper v. North California, 791 U.S. 543, 88 S.Ct. 1788, 20 L.Ed.2d 797
(1968)
Doctrine of “Automobile Exception”
- People v. Tuazon, GR No. 175783, 2007
- California v. Carney, 471 US 386, 105 S.Ct. 2006, 85 L.Ed.2d 408 (1985)
- Califiornia v. Acevedo, 500 US 565 (1991)
“Plain View” Doctrine
- People v. Salanguit, GR Nos. 133254-55, 19 April 2019
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- United States v. Gray, 484 F.2d. 352, 1978
Regulatory Searches; Customs Searches
- US v. Biswell, 406 US 311, 92 S.Ct. 1593, 32 L.Ed.2d 87 (1972)
- New York v. Burger, 482 US 691(1987)
Inventory Procedures (are they searches?)
- Colorado v. Bertine, 479 US 367
Checkpoints, Body Checks, Stop and Frisk
- People v. Vinecario, GR No. 141137, 2004
- Terry v. Ohio, 392 US 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968)
- Posadas v. Court of Appeals, GR No. 89139, 1990
Doctrine of “Exigent Circumstances”
- Wayne v. United States, 318 F.2d 205 (D.C. Cir., 1963)
Anti-Wire Tapping Law (RA 4200), in relation to Human Security Act (RA
9372)
Section 14, Motion to Quash Search Warrant and/or to Suppress Evidence
Consequences/Remedies in Case of Unlawful Search and Seizure
- Galvante v. Casimiro, GR No. 162808, 2008
- RA 6975, Section 41
Exclusionary Rule
- Section 3(2), Article III, Consti
- “Fruit of the Poisonous Tree” Doctrine
- Franks v. Delaware, 438 US 154 (1978)
- Silverthorne v. United States, 251 US 385 (1919) (“independent source”
exception)
- United States v. Ceccolini, 435 US 268 (1978) (“attenuated taint”)
- Nix v. Williams, 467 US 431 (1984) (“inevitable discovery”)
- People v. Alicando, GR No. 117487, 1995
Standing to Challenge
- Nasiad v. Court of Tax Appeals, GR No. 29318, 1974; cf. Stonehill, supra
- Burgos v. Chief of Staff, GR No. 64261, 1984
Hold Departure Order; Legality of Bureau of Immigration (BI) Watch List: SC
Circular No. 39-97, 19 June 1997 (RTC) and RA 8249 (Sandiganbayan); Manotoc,
Jr. v. Court of Appeals, L-62100, 1996; Genuino, et al. vs. Hon. De Lima (and
companion cases), GR Nos. 197930, 199034, and 199046, 2018
- Nature and Meaning of Bail – Section 1; cf. Stack v. Boyle, 342 US 1, 72 S.Ct.
1, 96 L.Ed.3 (1951)
- Section 13, Article III, Consti
- Section 4, Rule 114 (Matter of Right; Exception)
- Section 5, Rule 114 (When Discretionary)
- Sections 6 and 7, Rule 114 (Capital Offense; Offense Punishable by Reclusion
Perpetua or Life Imprisonment); cf. RA 9346 (Abolishing Death Penalty)
- AM No. 15-06-10-SC
- Enrile v. Sandiganbayan, GR No. 213847
- Miranda v. Tuliao, GR No. 158673, 2006, supra
- Prosecution Witnesses: Section 14, Rule 110; Section 14, Rule 119
- Bail vs. Arraignment: Serapio v. Sandiganbayan, GR No. 148468, 2003;
Lavides v. Court of Appeals, GR No. 129670, 2000
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- Conditions of Bail, Section 2
- Kinds of Bail
- Bail to Secure Appearance of Material Witness (Section 14, Rule 119)
- Bondsman/Surety; Sections 2(d), 10, 12, and 13 : People v. Gako, GR No.
135045, 2000; People v. Celeste, GR No. L-25806, 1977; Villaseñor v. Abaño,
GR No. 23599, 1967 (reasonable requirement re: bondsman)
- Section 14, Deposit of Cash as Bail
- Section 15, Recognizance
- Bail for Youthful Offenders/Recognizance (Sections 34 and 35, RA 9344 –
Juvenile Justice and Welfare Act of 2006)
- Section 16, When Bail Not Required; Reduced Bail or Recognizance (see below)
- People v. Singh, et al., GR No. 129782, 2001
- People v. Cabral, GR No. 131909, 1999
- Paderanga v. Court of Appeals, GR No. 115407, 1995
- Court Martial Proceedings: Aswat v. Galido, GR No. 88555, 1991
- Extradition: Government of (the) USA v. Purganan & Jimenez, GR No.
148571, 2002; Government of HongKong-SAR v. Olalia, GR No. 153675, 2007
- Deportation: Ong See Hang v. Commissioner of Immigration, L-9700, 1962;
Mejoff v. Director of Prisons, GR No. L-4254, 1951
- Section 8, Hearing for Bail Application, Burden of Proof; Section 9, Amount of
Bail; Guidelines
- Gacal v. Judge Infante, AMNo. RTJ-04-1845, 2011
- Jorda v. Bitas, AM No. RTJ-14-2376
- Enrile v. Sandiganbayan, supra
- Prosecutor’s Recommendation: Amaya v. Ordoñez, GR No. 80906, 1988
- Recognizance/When Not Required: Recognizance Act of 2012 (RA 10389); RA
9306; Espiritu v. Jovellanos, AM No. MTJ-97-1139, 1997 (cf. PD 603); RA
9344, Section 20 (also Sections 35-36)
- RA 6036, Section 1; RA 7610 on arrested child involved in armed conflict;
Section 16, Rules on Summary Procedure, supra
- Section 17, Bail, Where Filed
- Section 18, Notice of Application to Prosecutor
- Section 19, Release on Bail
- Section 20, Increase or Reduction of Bail; Requirement to Give Bail even if
earlier Released Without Bail
- Section 21, Forfeiture of Bail
- People v. Piad, GR No. 213607, 2016
- Section 22, Cancellation of Bail
- Section 23, Arrest of Accused Out on Bail (relate to Rule 113)
- Section 24, No Bail after Final Judgment; Exceptions
- Section 25, Court Supervision of Detainees
- Section 26, Bail Not Bar to Objections on Illegal Arrest, Lack of or Irregular PI
Rule 115, Rights of the Accused; relate to Sections 9 and 16, Rule 116; and
Section 10, Rule 119)
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- Right to Speedy Trial (cf. Section 10, Rule 119)
- Discovery: Section 9, Rule 116 (Motion for Bill of Particulars); Section 10,
Rule 116 (Production or Inspection of Material Evidence in the Possession of
the Prosecution)
- Right to Compulsory Process
- AM No. 12-11-2-SC (Decongesting Holding Jails by Enforcing Rights to Bail
and to Speedy Trial) (relate to Rules 114 and 119)
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Section 7, Double Jeopardy; Former Conviction or Acquittal; relate to Section 21,
Article III, Consti
Section 8, Provisional Dismissal
Section 9, Waiver: Effect of Not Filing MTQ or Allege Any Ground Therefor
On Double Jeopardy …
Appeal by Accused
Provisional Dismissal
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Rule 118, Pre-Trial
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People v. De Grano, GR No. 167710, 2009
Ibañez v. People, GR No. 190798, 2016
Go v. People, GR No. 185527, 2012
On State Witnesses …
On Demurrer to Evidence …
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Rule 121, (Motion for ) New Trial or Reconsideration (MNT or MR)
Section 1, Who
Section 2, Where to
Section 3, How Appeal Taken; relate to Rules 42 and 45, as well as Section 13,
Rule 124
Section 9, Appeal to the Regional Trial Court (RTC)
Section 6, When
Sections 4 and 5, Notice of Appeal; Waiver
Section 7, TSNs
Section 8, Transmission of Records to Appellate Court
Section 10, Transmission of Records if Death Penalty (but see RA 9346)
Section 11, Appeal By Any of Several Accused
Section 12, Withdrawal of Appeal
Section 13, Counsel de Oficio for Accused on Appeal; relate to Section 2, Rule
124
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Rule 123, Section 1, MTC/MCTC Procedure; relate to Revised Rule on
Summary Procedure
***
Grade Computation
Recitation/Quizzes 30%
Mid-Terms 30%
Finals 40%.
SylCrimPro(OBF)2019-20
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