Professional Documents
Culture Documents
Syllabus
Syllabus
Syllabus
1. State the rights of the accused during custodial investigation and in every stage
of the criminal proceeding;
2. Discuss the concepts of custodial investigation, arrest and search and seizure vis-
à-vis the rights of the accused;
3. Differentiate the remedies available to the accused while under custody of law,
after arrest, during trial and after conviction;
4. Discuss the procedure in the filing of complaint before the Prosecutor’s office,
and the remedies available in case of an adverse resolution;
5. Identify cases falling under the Katarungang Pambarangay Law;
6. Identify the cases falling within the jurisdiction of the different courts;
7. Identify the cases falling under summary procedure, summary investigation or
preliminary investigation;
8. Examine the validity of a search warrant;
9. Examine the validity of a warrant of arrest;
10.Explain the flow of the criminal litigation process
11.Apply the procedural steps to be undertaken before and after the filing of a
criminal complaint or information in court, and the applicability of applying for
provisional remedies;
12.Understand and apply the proper procedure or remedy to be undertaken by the
defense in case of conviction of the accused; or by the prosecution in case of
acquittal of the accused;
13.Demonstrate critical thinking including the ability to argue, objectively assess and
harmonize government’s function of maintaining peace and order and its
corresponding duty to protect the constitutional rights of its citizens.
14.Evaluate the strengths and flaws of the different institutions involved in our
criminal justice system
COURSE OUTLINE
f. Construction (sec 6)
g. Rules on Retroactivity
h. Crime v Offense v Felony v Infraction
F. OTHER CONCEPTS
Principal of Judicial hierarchy
Doctrine of Non-interference or judicial stability
Principle of Judicial Supremacy/Power of judicial review vs Principle of
Constitutional Supremacy
PART II – JURISDICTION
C. KINDS OF JURISDICTION
1. As to cases tried:
a) General
b) Limited / Special
2. As to nature of cause:
a) Original
b) Appellate
3. As to extent of exercise:
a) Exclusive
b) Concurrent/coordinate/confluent
4. As to situs:
a) Territorial
b) Extra-territorial
C. TERRITORIAL JURISDICTION
1. Purpose
Cases:
1. PP vs Domingo Muleta, G.R. No. 130189, June 25, 1999
2. PP vs Pepino and Gomez, G.R. No. 174471, January 12, 2016
3. PP vs Adrian Guting, G.R. No. 205412, September 09, 2015
4. PP vs Lugnasin and Guerrero, G.R. No. 208404, February 24, 2016
5. PP vs Teves, G.R. No. 141767, April 2, 2001
I. Concept of Arrest
A. Definition
B. Constitutional Limitations
C. How made
D. Importance
E. General Classification of Arrest
II. Kinds of arrest
A. Whether by virtue of a warrant or without a warrant
1. Arrest without a warrant
i. When lawful – sec 5, Rule – 113
a. Caught in flagrante delicto
- Requisites
b. Hot pursuit arrest
- Requisites
- Probable cause
c. Escaped prisoner
ii. Duties of arresting officer
- Miranda Doctrine
- Art. 125 RPC
Cases:
Luz v PP, GR 197788, 2-29-12
Pestilos v Generoso, GR 152602, 11—10-14
PP V gerente, GR 95847-48, 3-10-93
Judge Marcos v Hon Cabrera-Faller, A.M. RTJ-16-2472, 1-24-17
Judge Abelita v Doria, GR 170672, 8-14-09
Comerciante v PP, GR 205926, 7-22-15
Cases:
1. Worldwide Web Corpn and Yu vs PP & PLDT, GR 161106, 1-13-14
2. Retired SP04 Laud vs PP, 11-19-14, GR 199032
3. PP vs CA, 11-27-92, GR 94396
4. Ogayon v PP, GR 188794, 9-2-15
5. PP v Amador Pastrana and Rufina Abad, GR 196045, Feb. 21, 2018
6. Jorge Dabon v PP, GR 208775. 1-22-18
7. PP v Stanley Maderazo, GR 235348, 12-10-18
Cases:
1. PP vs Libnao, 395 SCRA 407
2. PP vs Breis, 8-17-15, GR 205823
3. PP vs Tuazon, 532 SCRA 152
4. Luz vs PP, 2-29-12, GR 197788
5. Marcelo Saluday v PP, GR 215305, 4-3-18
6. Others
*Customs search
*In times of war within the area of military operation
*Exigent and emergency circumstances
*When incident to lawful inspection
*Search of vessels and aircrafts
A. CONCEPT
1. Definition
2. Purposes
3. When required
4. Nature of RIGHT to a PI
5. Nature of PI
6. Quantum of evidence required
G. COMPLAINT vs INFORMATION
1. Test of sufficiency
a. Name of accused
b. Designation of Offense
c. Cause of accusation
- Ultimate facts vs conclusion of law
- Allegation of special qualifying and aggravating circumstances
- How nature of offense determined
- Variance between allegations over designation of offense
- Variance between allegations and evidence
- Effects fatally defective info
2. DUPLICITY OF OFFENSE
- Exceptions
H. Remedies before arraignment
I. Can Criminal action be restrained by injunction
J. Amendment of Information
a. Before plea
b. After plea
c. When amendment formal
d. When amendment substantial
e. Amendment as a result of supervening fact
K. SUBSTITUTION
a. Amendment vs substitution
b. Identity of 2 offenses
Cases:
1. PP vs Delfin, 7-9-14, GR 201572
2. PP vs Valdez, 1-18-12, GR 175602, GR 175602
3. PP and AAA vs CA, 2-15-15, GR 183652
4. Soriano and Ilagan vs PP, 6-30-09, GR 159517-18
5. SEC vs Interport Resources Corporation, 10-6-08, Gr 135808
I. Sources of obligations
II.Art 100 RPC
III.Implied institution of civil action in the criminal action
a. Exceptions
IV. Independent civil actions
V. Rules on filing fees
VI. Effect of judgment of acquittal on the civil liability
VII. Effect of death of accused
VIII. Consolidation of civil and criminal action – when allowed/not allowed
IX. Employer’s subsidiary liability
X. Prohibited pleadings
XI. BP 22 cases
XII. No Double recovery (ICA and civil action arising from crime)
XIII. Role of Private Prosecutor
XIV. Prejudicial questions
IV. Prejudicial questions (In rel. with Art. 36 of the Civil Code of the Philippines)
PART IX – BAIL
(Rule 114)
I. Concept
A. Definition S1
1. Bail bond
1.1. Corporate
1.2. Property
1.3. Cash
1.4. Recognize
1. Constructive custody
Santiago v. Vasquez, 217 SCRa 633
1. Increase or reduction
M. Bail not a bar to objections on illegal arrest and lack of preliminary investigation
(S26)
Okabe v. Gutierrez, G.R. No. 150185, May 27, 2004
N. Bail v. hold departure order
II.Bail as a matter of right (S4); Bail as a matter of discretion (S5), bail not as a matter
of right and not as a matter of discretion
1.3. Rep. Act No. 9346 or An Act Prohibiting the Death Penalty
a. Act No. 4103 or the Indeterminate Service Sentence Law
2. In other non-bailable offenses (S7)
VII. Bail for Juvenile in Conflict with the Law under Rep. Act 9344 or the Juvenile and
Justice Act of 2006
I. Motions in general
A. Definition (S 1, Rule 15)
B. Kinds
1. Litigated
2. Ex-parte
3. Motion of course
4. Motion not of course
II.Motion to Quash
I. How made, where and when (S1 of Rule 116, Cir. 1-89, S2 of Rule 116 in rel. to Cir.
38-98)
III.Exclusion in computing the time within which trial must commence (S3)
V. Remedies where accused in not brought to trial within the time limit (S9)
VI. Law on speedy trial (Rep. Act No. 8493) in rel. with S16 of Rule 119 and Section 16,
Art. III, of the 1987 Constitution
Mari v. Gonzales, G.R. No. 187728, September 12, 2011
Olbes v. Hon. Buemio, G.R. No. 173319, December 4, 2009
Binay v. Sandiganbayan and DILG; Magsaysay, Et.al. v. Sandiganbayan, et.al.,
G.R. Nos. 120681-83 and 128136, October 1, 1999
VIII. Application for examination of witness for accused before trial (S12)
XIII. Discharge of accused to be state witness (S17) and (RA 6981 or the Witness
Protection, Security and Benefit Act of 1991)
Yu v. Hon. Presiding Judge RTC Tagaytay City, G.R. No. 142848, June 30, 2006
Soberano, et.al. v. Pp., G.R. No. 154629, October 5, 2005
Monge v PP, GR 170308, 3-7-08
Jimenez v PP, GR 208195, 9-17-14
PP v Dominguez, GR 229420, 2-19-18
XIV. When mistake has been made in charging the proper offense (S19)
XIX. Provisional Remedies in Criminal Cases (Rule 127 in rel. to Rules 57 to 61)
A. Definitions
B. Grounds
C. Purposes
D. Court/s which an grant
E. Bonds & counterbonds
F. When a available
G. How granted
H. Effectivity
I. How dissolved / discharged
PART XIV – JUDGMENT
(Rule 120)
I. Judgment in general
A. Concept
1. Judgment vis-à-vis decision
2. Certain concepts
2.1. Sin perjuicio judgment
2.2. Nunc pro tunc amendment
2.3. Obiter dictum
2.4. Per curiam
2.5. Mutatis mutandi
2.6. Notatu dignum
2.7. Ratio decidendi
B. Types
1. On the merits
2. By default
3. Summary judgment (Rule 35)
4. Judgment on the pleadings (Rule 34)
5. Compromise agreement
C. Judgment, definition and form (SS1, R 120, compare with S1, Rule 36)
1. In judgments of conviction
2. In judgments of acquittal
III. Judgment in case of variance between allegation and proof (S4, R120 in rel. with
S14 (3) R 110 and S19, Rule 119
Pangilinan v. CA, G.R. No. 117363, December 17, 1999
I. Judgment of Conviction
D. Appeal
1. By whom (S1, Rule 122)
2. Period to Appeal (S6, Rule 122)
3. Where to appeal (S2, Rule 122)
4. How appeal taken (S3, Rule 122, as amended by A.M. No. 00-5-03-SC Re:
Amendments to the Revised Rules of Criminal Procedure to Govern Death
Penalty Cases Resolution effective October 15, 2004)
5. Notice (SS4 & 5, Rule 122)
6. Effect of perfection of appeal, Effect of appeal by any of several accused
(S11, Rule 122)
7. Withdrawal of appeal (S12, Rule 122)
8. Vs. in Civil Cases (Rules 40 to 45)
9. Appeal in the Sandiganbayan
10.Differences among the three (3) modes of appeal; i.e., ordinary appeal,
petition for review, and appeal by certiorari
10.1. How appeal is initiated
10.2. Where to appeal
10.3. Nature of appeal
10.4. To whom appellate docket and other lawful fees should be paid
10.5. Payment of appellate docket and other lawful as a requirement of
perfection of appeal
10.6. Name of parties
10.7. Requirement of record on appeal
10.8. Basic document to be filled in the appellate court
10.9. Perfection of appeal as to appellant
10.10. When court whose decision is being appealed loses jurisdiction
10.11. As to questions which may be raised
10.12. How parties are referred to
CASES FOR STUDY
Habeas Corpus as a Post-Conviction Remedy by Antonio R. Bautista [75 Phil. L.J. 553
(2001)]
1. Galman, et.al. v. Sandiganbayan, et.al., G.R. No. 72670, September 12, 1986,
144 SCRA 43 (1986).
2. Santiago v. Alikpala, G.R. No. 25133, September 28, 1968, 25 SCRA 356 (1968)
3. Galvez v. CA, G.R. No. 114046, October 24, 1994, 237 SCRA 685
4. Velasco v. CA, G.R. No. 118644, July 7, 1995, 245 SCRA 677
5. People v. Reynaldo de Villa, G.R. No. 124639, February 1, 2001 in rel. with In
Re: The Writ of Habeas Corpus for Reynaldo de Villa, G.R. No. 158802.
November 17, 2004
6. Barredo v. Hon. Vinarao, G.R. No. 168728, August 2, 2007
7. Go and the Pp. v. Dimagiba, G.R. No. 151876, June 21, 2005
8. Pp. v. Hon. Velasco, G.R. No. 127444, September 13, 2000
III. Rule of Procedure for Small Claims Cases (A.M. No. 08-8-7-SC as amended by A.M.
No. 09-6-8-SC)