COURSE OUTCOMES
1. State the rights of the accused
and the remedies available in
case of violation of said rights;
2. Explain the flow of the criminal
litigation process;
3. Identify the cases falling within
the jurisdiction of the different
courts;
4. Discuss the concepts of
custodial investigation, arrest
and search and seizure vis-à-vis
the rights of the accused;
5. Discuss the procedure and
remedies available to the
accused before the
prosecutor’s office;
6. Examine the validity of search
warrant;
7. Compare the rights of the
accused available to the
accused while under custody of
law, during his arrest, after
arrest, during trial and after
conviction;
8. Differentiate the remedies
available to the accused while
under custody of law, during
his/her arrest, after arrest,
during trial and after
conviction;
9. Apply the procedural steps to
be undertaken before and after
the filing of a criminal
complaint or information in
court;
10. Demonstrate critical thinking
including the ability to argue,
COURSE TOPIC LEARNING ACTIVITIES ASSESSMENT METHODS
 Basic Concepts  Scenario-based case analysis  Written and oral Examinations
- Concept of criminal procedure  Immersion  Debates using rubrics for rating
- Ultimate goal of criminal  Lectures
procedure
- The adversarial or accusatorial
system
- Liberal interpretation of the
rules
A. Requisites for the Exercise of
Criminal Jurisdiction Requisites
- Jurisdiction over the subject
matter versus jurisdiction over
the person of the accused
- jurisdiction over the territory;
venue in criminal cases
B. Criminal Jurisdiction over the
subject Matter
- Jurisdiction over the subject
matter
- How jurisdiction over the
subject matter is conferred
- The conferment of jurisdiction
cannot be presumed
- How jurisdiction over the
subject matter is determined
- Use of the imposable penalty
- statute applicable to a criminal
action
- Principle of adherence of
jurisdiction or continuing
jurisdiction
- Objections on jurisdictional
grounds
C. Criminal Jurisdiction over the
Person of the accused
 objectively assess and
harmonize government’s
function of maintaining peace
and order and its
corresponding duty to protect
the Constitutional rights of its
citizens.
11. Evaluate the strengths and
flaws of the different
institutions involved in our
criminal justice system.
 CRIMINAL JURISDICTION OF THE
- How acquired
- Voluntary submission to the
jurisdiction of the court; seeking
affirmative relief
- Objecting to the jurisdiction of
the court over the person of the
accused
- Custody of the law versus
jurisdiction over the person;
objecting to the legality of the
arrest
D. Injunction to Restrain
Criminal Prosecution
E. Mandamus to Compel
prosecution
TRIAL COURTS
A. Criminal Jurisdiction of the
Municipal Trial Court,
Municipal Circuit Trial
Court, and Metropolitan
Trial Court (MTC)
- Summary procedure in
criminal cases
- Prohibited pleadings,
motions and petitions in
summary procedure in civil
and criminal cases
B. Criminal Jurisdiction of the
Regional Trial Court (RTC)
C. Criminal Jurisdiction of the
Sandiganbayan (P.D. 1606,
as amended by R.A. 7975
and R.A. 8249
- Offences subject to the
jurisdiction of the
 Sandiganbayan
- Officials and employees
with a salary grade of “27”
or higher
- Officers failing below
salary “27”
- Salary grade alone does
not determined
jurisdiction of the
Sandiganbayan
- A student regent of a state
university is a public officer
- Offenses committed in
relation to the officer
- When the actual specific
allegations of the intimacy
between the offense and
the official duties of the
accused need not appear
in the information
- Rule in drug cases under
R.A. 9165 (Comprehensive
Drug Act of 2002)
- Jurisdiction of the
Sandiganbayan over
private person; effect of
the death of the public
officer
- Anti-Money Laundering
cases
- Plunder Law
- Forfeiture cases
- Appellate jurisdiction of
the Sandiganbayan
- Authority to issue writs
and other processes
 PROSECOTION OF OFFENCESES
(Rule 110)
 Institution of Criminal Actions
- Purpose of criminal action;
role of the private
offended party
- How criminal actions are
instituted
- Institution of criminal
actions in Manila and other
chartered cities
- No direct filing in the
Regional Trial Court
- Effect of the institution of
the criminal action on the
prescriptive period
- Rule on prescription for
violations of municipal
ordinances and special
laws; prevailing rule
- Interruption of period of
prescription even if the
court is without
jurisdiction
 Prosecution of the Criminal
Action
- Who must prosecute the
criminal action; who
controls the prosecution
- Consequences of the rule
that a criminal action is
prosecuted under the
direction and control of
the public prosecutor
- Prosecution of a criminal
action in the Municipal
Trial Court or Municipal
Circuit Trial Court
- Representation of the
People of the Philippines
 by the Office of the
Solicitor General (OSG) in
appeals before the CA or
the SC
- When the private offended
party may appeal from or
seek a review of the
dismissal of a criminal case
without the intervention of
the Office of the Solicitor
General
- Appearance of the special
prosecutor of the
Ombudsman
- Prosecution for violation of
special laws
- When a private prosecutor
may prosecute a case even
in the absence of the
public prosecutor
- Extent of the authority
given to the private
prosecutor when duly
authorized to prosecute
the action
- New rule affecting
appearance of a private
prosecutor in a criminal
case
 Intervention of the Offended
Party in the Prosecution of the
Criminal Action
- Intervention of the
offended party
- How offended party
intervenes in a criminal
case
- Effect of the filing of an
 independent civil action on
the right of the offended
party to intervene in the
prosecution of the offense
 Prosecution of “Private Crimes”
- Prosecution of adultery
and concubinage
- Prosecution of seduction,
abduction and acts of
lasciviousness of
defamation
- Prosecution of defamation
- Prosecution of rape
 The Complaint and Information
- Meaning of ‘complaint’
- In whose name and against
whom a complaint is filed
- Meaning of ‘information’
- Distinctions between a
complaint and information
- Infirmity of signature of
information
- Sufficiency of the
complaint of information
- Questioning the
insufficiency of the
complaint or information
- How the nature of the
offense is determined
- Date of the commission of
the offense
- How to state the name of
the accused
- How to state the name of
the offended party who is
natural person
- How to state the name of
the offended party which is
 a juridical person
- Rule if the name of the
offended party is unknown
in offenses against
property
- Designation of the offense
- Effect of failure to
designate the offense
given by the statute or
failure to mention the
provision violated
- Statement of the qualifying
and aggravating
circumstances
- Cause of accusation
- Duplicity of the offense
- Purpose of the rule against
duplicity
- Exception to the rule
against duplicity
- Use of illegally possessed
firearm under the new
firearms law
- Waiver of duplicity of the
offense
 Venue of Criminal actions
- Venue; an element of
criminal jurisdiction
- Improper venue in a civil
case
- When a court has
jurisdiction to try offenses
not committed within its
territorial jurisdiction
- Venue of selected offenses
- Venue of psychological
violence under R.A. 9262
- How to state the place of
 commission of the offense
 Amendment or Substitution of
the Complaint or information
- Meaning of amendment
- Amendment of the
information or complaint
before plea no need for
leave
- When leave of court is
required even if the
amendment is made
before plea
- Rule as to amendment
made after the plea of the
accused
- When a amendment is
formal or substantial
- Examples of substantial
amendments is old cases
- Substitution of the
complaint or information
- Distinction between
substitution and
amendment
 PROSECUTION OF CIVIL ACTION
(Rule 111)
- Implied institution of the
civil action with the
criminal action
- Purposes of the criminal
and civil actions
- Intervention of the
offended party
- Judgement of conviction
includes a judgement on
the civil liability
- The real parties in interest
in the civil aspect of the
 case
- Rule applicable
- When a civil action may
proceed independently;
independent civil actions
and quasi-delicts
- Consequences of the
independent character of
actions under articles 32,
33, 34, and 2176of the Civil
Code
- When there is no implied
institution of the civil
action
- No reservation of the civil
action in Batas Pambansa
Blg. 22
- When the separate civil
action is suspended
- Counterclaim, cross-claim,
third-party claim in the
criminal action
- Rules of filing fees
- Effect of death of the
accused on his criminal
liability
- Effect of death of the
accused on his civil liability
- Novation: extinguishment
of criminal liability
- Effect of acquittal of the
penal action on the civil
action or civil liability
- Rule in independent civil
actions
- Effect of payment of the
civil liability
- Effect of judgement in the
 civil case absolving the
defendant
- Effect of acquittal of the
accused on his
administrative case
- Subsidiary liability of
employer
- Concept of prejudicial
question
- Reason for principle
- Requisites for the
prejudicial question
- Effect of the existence of a
prejudicial question;
suspension of the criminal
action
- Suspension does not
include dismissal
- Where to file the petition
for suspension
- Case illustration
- When an administrative
case is deemed a civil case
- Codal definition not
technically applied
- An independent civil action
does not operate as a
prejudicial question
 PRELIMINARY INVESTIGATION
- Definition of preliminary
investigation; purposes
- Nature of preliminary
investigation
- Right to a preliminary
investigation; not a
constitutional right
- Right to a preliminary
investigation; waivable
- Probable cause in
preliminary investigation
- Kinds of determination of
probable cause;
preliminary investigation
versus preliminary
examination
- Courts are precluded from
reviewing findings of
prosecutors; exception
- Instances when probable
cause needs to be
established
- Officers authorized to
conduct preliminary
investigation and
determine existence of
probable cause
- Cases requiring preliminary
investigation; when not
required
- Procedure for cases not
requiring a preliminary
investigation
- Direct filing with the
prosecutor
- Direct filing with the
Municipal Trial Court
- When preliminary
investigation is not
required even if the
offense is one which
normally requires a
preliminary investigation
- Person arrested lawfully
without a warrant may ask
for a preliminary
investigation
- Bail for a person lawfully
arrested during the
preliminary investigation
- Questioning the absence of
a preliminary investigation
- Absence of preliminary
investigation; effect on
jurisdiction of the court
- Absence of preliminary
investigation; not a ground
for motion to quash
- Inquest proceedings
- Possible option of the
inquest prosecutor
- The inquest must pertain
to the offense for which
the arrest was made
- The procedure of
preliminary investigation
must be strictly followed
- Initial steps in preliminary
investigation; filing of the
complaint for preliminary
investigation
- Dismissal of the complaint
or issuance of a subpoena
- Filing of counter-affidavit
by the respondent; no
motion to dismiss
- Action to be taken if
respondent does not
submit his counter-
affidavit
- Clarificatory hearing if
necessary; certification of
preliminary investigation
- Effect of the absence of
the re required
 certification
- Forwarding of the records
of then case for action;
need for approval before
filing or dismissal
- Rule when
recommendation for
dismissal is disapproved
- Motion for reconsideration
- Appeals to the Secretary of
Justice
- Assailing the resolution of
then Secretary of Justice;
petition for review rule
under 43 not allowed;
petition for certiorari
under rule 65 filed with the
Court of Appeals
- Review of DOJ resolution
in tax and tariff cases
- Appeal to the office of
president
- Appeals under Rule 43 and
Rule 45
- Review of the rulings of
the ombudsman in
criminal cases
- Records supporting the
information complaint filed
in court
- Actin of the judge upon the
filing of then complaint or
information
- Dismissal of a case for lack
of probable cause, a final
order
- When warrant of arrest is
not necessary
 - Withdraw of the
information already filed in
court
- No preliminary
investigation under the
Revised Rule on Summary
Procedure
 ARREST, SEARCH AND SEISURE
 ARREST (RULE 113)
- Arrest; how made
- Requisites for the issuance
of a warrant arrest
- Meaning of probable cause
for the issuance for a
warrant of arrest
- Personal examination by
judge not required
- Method of arrest with a
warrant; warrant need to
be in possession of the
officer
- Unnecessary violence not
allowed
- Authority to summon
assistance
- When person to be arrest
is inside a building
- When a warrantless arrest
is lawful
- Who may make the
warrantless arrest; duty of
officer; citizen’s arrest
- In flagrante delicto
exception; bases;
requisites
- The hot pursuit exception
- Method of arrest without a
warrant
 - Time of making an arrest
- Archiving of cases
- Rights of a person arrested
- Custodial investigation;
expanded concept
- Miranda doctrine
- Effects of an invalid or
illegal arrest
- Effect of admission to bail
on objection to an illegal
arrest
- Waiver of the illegality of
the arrest; effect of illegal
arrest
- Waiver of the illegality of
the arrest and
inadmissibility of the
evidence
- Persons not subject to
arrest
 SEARCHES AND SEISURES
(RULE 126)
- Right to privacy
- Nature of a search warrant
- Rule against unreasonable
searches and seizure is a
protection against
governmental intrusion
- The constitutional
provision
- Arrest distinguished from
searches and seizure
- Application for a search
warrant; where to file
- Ex part application for a
search warrant
- Search warrant involving
heinous crime others
- Property subject of a
search warrant arrest
- Requisites for the issuance
of a search warrant
- Probable cause in search
warrants
- According respect to
findings of probable cause
of trial courts
- How the examination shall
be conducted by a judge
- Personal knowledge of the
complainant and the
witnesses
- Particular description of
place or person
- Particular description of
then items to be seized;
warrants
- Ownership of a property
seized not required
- Issuance and form of the
search warrant
- Duration of the validity of a
search warrant
- Time of making the search
- Manner of making the
search
- Rule if the officers is
refused admittance
- Duties of the officer after
the search and seizure;
delivery and inventory
- Duty of the judge; returns
and other proceedings
- Duty of custodian of the
log book
- Objection to issuance or
 service of a warrant
- Where to file motion to
quash a search warrant or
suppress evidence
- Who may assail the
issuance of a search
warrant
- When order quashing a
search warrant can be the
proper subject of an
appeal
- Exception to the search
warrant requirement
- Search incident to a lawful
arrest
- Parameters of a search
incident to a lawful arrest;
immediate reach and
control rule
- Search of moving vehicles;
Carol doctrine
- The need for probable
cause
- Checkpoints
- Customs or ports
inspection
- Plain view doctrine
- The “inadvertence”
requirement under the
plain view doctrine
- The “immediately
apparent” requirement
under the plain view
doctrine
- Illustration cases
- Terry searches or stop and
frisk
- Consented searches
 - Canine/Dog sniff test
- Use of thermal imaging
device
- Effect of an illegal search
and seizure; fruit of the
poisonous tree doctrine
- Civil damages; criminal
liability

 BAIL (Rule114)
- Meaning, nature and
purpose of bail
- Constitutional basis of the
right to bail
- Bail in the military
- Bail in the extradition
proceedings
- Exception to the “no bail
rule” in extradition
proceedings
- Purganan case re-
examined
- Who furnishes the bail
- Obligation of the right of
the bondsman; arrest
without a warrant
- Applicant for bail must be
un custody
- Bail to guarantee
appearance of witnesses
- Bail for those not yet
charged
- Effects of failure to appear
at the trial
- Court cannot require
arraignment before the
grant of bail
- Forms of bail
- Guidelines in fixing the
amount of bail
- Duration of the bail
- Release or transfer of
person in custody
- When bail is not required
- When bail is not allowed
- When bail is a matter of
right
- Remedy when bail is
denied
- When bail is a matter of
discretion
- Where application of bail is
to be filed after conviction
- By the Regional Trial Court
- When application for bail
after conviction by the RTC
shall be denied
- Bail pending appeal where
penalty imposed exceeds
six years
- Hearing of the petition for
bail
- Petition for bail filed after
the filing of the
information; evidentiary
basis
- Hearing of application for
bail in offenses punishable
by reclusion perpetua, or
life imprisonment; burden
of proof in bail application
- Hearing to determine
probable cause is not the
same as the hearing of bail
- Duties of trial judge in the
petition for bail in offenses
 punishable by reclusion
perpetua, life
imprisonment or death
- Evidentiary basis in bail
hearings
- Evidence in bail hearing
are automatically
reproduced at trial
- Capital offenses
- Effect of republic Act 9346
on the graduation of
penalties
- Where application or
petition for bail may be
filed
- Increase or reduction of
bail
- Bail for accused originally
released without bail
- Forfeiture of bail; bench
warrant
- Cancellation of bail;
remedy
- Application for or
admission to bail not a bar
to objections on illegal
arrest, lack of or irregular
preliminary investigation
- Additional Rules under the
Revised Guidelines for
Continuous Trial in
Criminal Cases

 RIGHTS OF THE ACCUSED

(Rule 115)
- Rights of the accused at
the trial
- Presumption of innocence
- Proof beyond reasonable
doubt
- Doubt as to innocence of
the accused
- Prosecution must rest on
its own merits to prove
guilt of accused
- The equipoise rule
- Effect of plea of self-
defense
- Right to be informed of the
nature and cause of
accusation
- Right to counsel of the
accused and of persons
arrested, detained or
under custodial
investigation
- No right to counsel in a
mere police line-up
- Right to choose a counsel
is not plenary; right may be
waived
- Competent and
independent counsel;
meaning
- Right to counsel in
administrative cases
- Meaning of custodial
investigation; extended
meaning
- Right to speedy trial
- Right to speedy disposition
of cases and right of
speedy trial
- When the right of speedy
trial is deemed violated
- Right to speedy disposition
 of cases; cases covered
- Doctrine of inordinate
delay; dismissal based on a
violation of the right to
speedy disposition of cases
- Approaches to speedy trial
- Effect of the violation of
the right speedy trial
- Remedy where the
accused is not brought to
trial within the time limit
- Waiver of the right speedy
trial
- Factors for granting
continuance
- Privilege against self-
incrimination
- Meaning of compulsion
- Right against self-
incrimination of an
accused distinguished from
that of an ordinary witness
- Scope of the privilege
against self-incrimination
- Incriminatory nature of
forced re-enactments
- Incriminatory nature of
writing exemplars or
samples
- Proceedings where the
privilege may be asserted
- Claim of privilege by a
witness
- Waiver of the privilege
- Inapplicability of privilege
when witness is given
immunity from
prosecution
 - Immunity status; examples
- Right of the accused to
defend himself; right to be
present at trial; right to be
heard
- Right to testify as a witness
- Right to confront and
cross-examine witnesses
against him
- Effect of deprivation of the
right to cross-examination
- Right to compulsory
process
- Right to appeal
- Matters for review by
appellate court

 ARRAIGNMENT AND PLEA

(Rule 116)
 BASIC CONCEPTS
- Meaning and importance
of arraignment
- Effect of the absence of
arraignment
- Duty of the court before
arraignment
- Options of the accused
before arraignment and
plea
- Arraignment under an
emended information;
substituted information
 HOW ARRAIGNMENT AND PLEA
ARE MADE
- Where arraignment is to
be made
- How arraignment is made
- Waiver of reading of the
 information
- When arraignment is to be
made
- Arraignment after
submission of the case for
decision
- Record of arraignment
- Presence of the accused
- Presence of the offended
party
- When a plea of ‘not guilty’
shall be entered
- Plea of guilty as a judicial
confession; effect on
aggravating circumstances
- Exception to the admission
of aggravating
circumstances
- Plea guilty to a lesser
offense; plea bargaining
- Requisites for a plea guilty
to a lesser offense
- Plea bargaining, except in
drug cases
- Section 23 of R.A. 9165
declared unconstitutional
- When plea of guilty to a
lesser offense
- Plea of guilty to a capital
offense
- Meaning of “searching
inquiry”
- Plea of guilty to a non-
capital offense
- Where no plea bargaining
of plea of guilty takes place
- Improvident plea of guilty
- Rule where no plea
 bargaining or plea of guilty
takes place
- Production or inspection of
material evidence

 MOTION TO QUASH (Rule 117)

- Nature of a motion to
quash
- Ground not waived
- Time for filing the motion
to quash
- Forms and contents of the
motion to quash
- Motion to quash is not a
demurrer to evidence;
distinctions
- Court to consider only
those grounds state in the
motion
- Motion to quash; grounds
for a motion to quash
- Execution of an affidavit of
desistance is not a ground
for a motion to quash
- Absence of probable cause
not a ground to quash an
information
- Matters of defense are not
grounds for a motion to
quash
- Absence of a preliminary
investigation is not a
ground to quash an
information
- Test is appreciating a
motion to quash
- Alternative actions of the
court when a motion to
 quash is filed
- Amendment of the
information
- Quashal of the
information; filing of
another complaint or
information
- Denial of a motion to
quash
- Double jeopardy
- Administrative cases;
double jeopardy not
applicable
- Preliminary investigation;
double jeopardy not
applicable
- Res judicata and double
jeopardy; res judicata in
prison grey
- Double jeopardy;
requisites
- Valid complaint or
information
- Court must have
competent jurisdiction
- Accused should have
validly pleaded to the
charge (should have been
arraigned)
- Prior conviction or
acquittal of accused, or
dismissal of case without
his express consent
- Dismissal or termination of
case without then express
consent of the accused
- Distinction between
acquittal and dismissal
 - Dismissals equivalent to
acquittal even with the
consent of the accused;
speedy trial; demurrer to
evidence; discharge as a
state witness
- Effect of double jeopardy
on the civil aspect of the
case
- Double jeopardy in quasi
offenses
- When double jeopardy
shall not apply despite of
prior conviction
- Meaning of same offense;
when not the same
- Provisional dismissal;
requisites
- The provisional dismissal
of a case does not operate
as an acquittal
- Time-bar rule; when
provisional dismissal
becomes permanent
- New additional rules in
provisional dismissal
- Withdrawal of information
distinguished from a
motion to dismiss
 PRE-TRIAL, TRIAL, DEMURRER
TO EVIDENCE (Rules 118-119)
 PRE-TRIAL (Rule 118)
- Purposes of a pre-trial
- Court where pre-trial is
mandatory
- When pre-trial shall be
held
- Absence of parties in the
 pre-trial
- Consequences for non-
appearance at pre-trial
- Duty of the Branch Clerk of
Court
- Recording of the minutes
- Duty of then judge before
the pre-trial conference
- Duty of the judge when
plea bargaining is agreed
upon
- Duty of the judge when
plea bargaining is fails
- Asking questions during
the pre-trial
- Stipulation in the pre-trial
under the Revised
Guidelines for Continuous
Trial in Criminal Cases
- This rule is without
prejudice to allowing
additional direct and cross-
examination questions
- Pre-trial agreements;
signing of admissions made
- Making of evidence
- Pre-trial order; effect
- Pre-trial in a civil case vs.
pre-trial in a criminal case
- Cases subjects to
mediation on the civil
liability under the Revised
Guidelines for Continuous
Trial in Criminal Cases
- When trial shall commence
- Hearing days and calendar
call
- Schedule of trial dates
- Time to prepare to trial
- Effect of not bringing the
accused to trial within the
prescribed period
- Delays to be excluded in
computing the period for
commencement of the
trial; some examples
- When delay or suspension
of trial is justified by
reason of the absence of a
witness
- Continuous trial
- Trial period
- Postponement or
continuance; motion for
postponement is
prohibited
- Examples of a prohibited
grounds for a material
witness
- One-day examination of
witness rule
- How to secure appearance
of a material witness
- Discharge of accused to be
state witness acquittal
- Mistake in charging then
proper offense
- Hearing days and calendar
call
- Order of trial
- Conditional examination of
the witness of the accused
before trial conditional
examination of the witness
for the prosecution
- Form of testimony during
 the trial
- Modification of the order
of trial; reverse trial
- Reopening of the
proceedings
- Trial in absentia
- Instances when the
presence of the accused is
required
- Comments and question of
the judge during the trial
- Offer of evidence
- Lack of formal offer of
evidence is not necessary
- Additional rules under the
Revised Guidelines for
Continuous Trial in
Criminal Cases
- Memoranda

 DEMURRER TO EVIDENCE (119)

- Demurrer to evidence;
nature

 Demurrer to Evidence in the

Rules of Court Demurrer to
evidence by the court
- Demurrer to evidence by
the accused with leave of
court
- Demurrer to evidence by
the accused without leave
of court
 Demurrer to Evidence under
then Revised Guidelines for
Continuous Trial in Criminal
Cases
- Not every motion to
 dismiss is a demurrer to
evidence
- Granting of demurrer is an
acquittal
- Review of order granting a
demurrer
- Review of order denying
the demurrer
- Demurrer to evidence in a
civil case vs. demurrer to
evidence in a criminal case

 JUDGMENT, REMEDIES AFTER

JUDGMENT OF CONVICTION
AND PROVISIONAL REMEDIES
 JUDGMENT (RULE 120)
- Meaning of judgment
- Requisites of a judgement
- Effect of lack of
stenographic notes
- Contents of a judgment of
conviction; contents of
judgment of acquittal
- Rule when there are two
or more offenses in a
single information or
complaint (duplicitous
complaint or information)
- Effect of failure to object
to a duplicitous complaint
or information
- Judgment rendered by
judge who did not hear
case
- Variance doctrine; variance
between the allegation
and proof
- When an offense includes
 or is included in another
- Variance in the mode of
the commission of the
offense
- Promulgation of judgment
- Schedule of promulgation
- How accused is to be
notified of the
promulgation
- Rule if the accused fails to
appear in the
promulgation of judgment
- Modification of judgment
- When judgment become
final
- Probation; appeal and
probation are mutually
exclusive remedies
- Entry of judgment

 REMEDIES AGAINST A
JUDGMENT OF CONVICTION
- Remedies before the
judgment of conviction
become final
- Modification of judge (Rule
120)
- Reopening of the
proceedings (Rule 119)
- Motion for new trial or
motion for reconsideration
(121)
- Resolution of motion for
reconsideration of
judgment of conviction or
motion for new trial
- Grounds for a new trial
- Requisites for newly-
 discovered evidence
- Grounds for
reconsideration of the
judge
- Form of motion; notice
- When hearing of the
motion is required
- Effects of granting a new
trial or reconsideration
- The Neypes rule

 APPEALS (RULES 122, 124, 125)

- Appeal not a natural right
- Who may appeal
- Waiver of constitutional
safeguard against double
jeopardy
- Subject matter for review
on appeal; factual findings
of trial court
- Change of theory on
appeal
- Factual findings; credibility
of witness
- Where to appeal
- How to appeal
- When appeal is to be taken
- Service notice to appeal;
waiver of notice
- Stay of execution
- Transmission of the papers
to appellate court (RTC)
- Failure to file a
memorandum on appeal
- Withdrawal of appeal
- Effect of appeal by any of
several accused
- Appeal from the civil
 aspect
- “Harmless error” rule
- Review of decisions of the
Court of Appeal
- Applicability of the rules on
appeal in the Court of
Appeals to the Supreme
Court
- Rule if the opinion of the
Supreme Court en banc is
equally divide

 PROVISIONAL REMEDIES IN
CRIMINAL CASES
- Availability of provision
remedies
- When preliminary
attachment is available
- Case Index

SYLLABI WRITING WORKSHOP

COURSE: CRIMINAL PROCEDURE

COURSE OUTCOMES COURSE TOPIC LEARNING ACTIVITIES ASSESSMENT METHODS