CRIMINAL PROCEDURE

Compendium on Remedial Law

By Regalado

Recommended Book: Oscar Herrera (v.4 Remedial Law)

Codals: Rules of Court (highly encouraged)

Rules 110-Rules 127

Focus of Criminal Procedure:

60-70% filed in courts are CRIMINAL CASES

Distinction between Criminal Law (substantive in nature) and Criminal Procedure: rules how the
offenders should be properly apprehended, then properly investigated and properly prosecuted
before the court.

2 rules: 1 is devoted to arrest, 2 is devoted to search and seizure of evidence of a crime

Criminal jurisdiction- the authority of a court to hear and try a case of a particular crime

Basic Elements/Requisites of criminal jurisdiction:

1. Jurisdiction over the subject matter

 Refers to the crime or the case that is charged against the accused; case itself
 It must be within the jurisdiction of the court
 Jurisdiction is determined by law
 o 1st level courts (4 kinds)-Metropolitan Trial Court, Municipal Trial Court in Cities,
Municipal Circuit Trial Courts, Municipal Trial Court
Summary Procedure Cases—follow a separate procedure (Rule on Summary Procedure)—does
not exceed 6 months
1. traffic laws
2. violation on properties

If the fine imposed is not more than P4, 000, the jurisdiction is in the first level courts. If
exceeding the amount, then the jurisdiction is in the 2nd level court.

2nd level court-Regional trial courts (more than 6 six years)

Try the following cases that RTC has jurisdiction although the case has
punishment of 6 years and below:
1. Libel
2. Election offenses
3. Violation of the Dangerous Drug Acts R.A. 9165
4. Family Court Cases (offended party or accused is a minor)
5. Intellectual Property Cases

Jurisdiction is determined by the allegations, and not on the outcome of the court.
Example: alleged frustrated homicide but wala na prove ang intent so decision is physical injury.
The RTC still has the jurisdiction of the said case.

Before the crime has prescribed, at the time the case was filed, the law that imposes penalty
has already increased. (nalahi ang balaod) That present law at the time of filing determines the
jurisdiction of the case.

Principle of Adherence of Jurisdiction--

2 kinds of Courts:
o Trial courts
o Appellate courts—review the decisions rendered by the lower courts
Note: RTC-- it is a trial court at the same time an appellate court

2. Jurisdiction over the territory

o The place where the crime was committed will have the jurisdiction to hear and
try the case
o Transitory cases—the places where the essential ingredients of the crime has
been committed, these places have concurrent jurisdiction (each of these courts
can hear the case)

3. Jurisdiction over the person of the accused

o The accused should be arrested validly or voluntary surrender or submission on
the part of the accused.
o Invalid arrest –ground for the accused to raise the issue of jurisdiction the court
(motion to quash)/is cured when accused will not raise the jurisdiction of the
court before the arraignment
o Custody of the Law Over the Accused (different from the jurisdiction over the
person of the accused)—Miranda vs. Tuliao, March 31, 2006
-the

Principle of Adherence-the court will not lose its jurisdiction even if accused escaped from jail
or jumped bail during the trial (trial in absentia)