SYLLABUS

CRIMINAL PROCEDURE
SACP S. Salazar

INSTITUTION OF CRIMINAL ACTIONS

a. What is criminal procedure?

b. Where do criminal actions originate from?
c. How are criminal actions instituted?
d. What is a complaint?
1. Where filed?
2. When filed?
3. What should be filed?
4. condition precedent
5. Who may institute?
6. Before whom should the complaint be subscribed and sworn to?
7. What else is required aside from jurat?
8. When deemed instituted?
9. Effect of institution

PRELIMINARY INVESTIGATION

a. What is preliminary investigation?

b. Is the right to preliminary investigation a substantive right?
c. Is it a constitutional right?
d. Effect on court’s jurisdiction
e. In what cases it is required?
f. When not required?
1. Summary investigation
g. Officers authorized to conduct preliminary investigation
A.M. No. 05-8-26-SC
h. Purpose of preliminary investigation
i. Procedure in preliminary investigation
j. Rights of the respondent during preliminary investigation
k. Due process of law
l. Distinguished from preliminary examination
m. Degree of evidence required
 n. What is probable cause?
1. Basis of probable cause
2. Findings of investigating prosecutor
o. Re-filing of the case after dismissal
p. Suspension of preliminary investigation
q. Inquest proceeding
1. Purpose of inquest proceeding
2. Waiver of Art. 125 RPC
3. bail pending proceedings

REMEDIES AGAINST THE RESOLUTION

a. Motion for Reconsideration

b. Petition for Review
c. Appeal to Office of the President
d. Appeal to the Court of Appeals
e. Petition for certiorari to Court of Appeals

INFORMATION

a. What is an information?
b. What is required before an information may be filed in court?
c. Limitation of the information
d. Required certification
e. Sufficiency of information
1. Authority of the officer
2. Allegations in the information
f. Designation of the offense
g. Discrepancy in the designation and the body of the information
h. Amendment or substitution

JURISDICTION

a. What is jurisdiction?
b. What confers jurisdiction
c. Waiver or stipulation
d. Venue of criminal actions
1. Committed in the Philippines
2. Committed in trains, aircrafts, vessel, etc.
 3. Committed outside the Philippines
4. Continuing offenses
e. Exclusive original jurisdiction of the MTC
f. Jurisdiction of the Sandiganbayan
g. Jurisdiction over specific cases

PROSECUTION OF CIVIL ACTIONS

a. Waiver or reservation
b. Suspension of civil actions
c. Effect of death
d. Civil indemnity
e. Payment of filing fees

PROSECUTION OF CRIMINAL ACTIONS

a. Who must prosecute criminal actions?

b. Duty of the court upon filing of the information or complaint
1. Preliminary examination
2. Submission of additional evidence in court
3. Issuance of warrant of arrest
4. When not necessary?
c. Preliminary investigation after filing of the information
1. Distinguished from reinvestigation
2. when prohibited?

Inordinate Delay

Tatad v. Sandiganbayan, G.R. No. 72335-39, March 21, 1988 (inordinate delay)
People v. Sandiganbayan, et al., G.R. No. 188165 (inordinate delay)

RELATED READING:

Rules 110 to 112

Jimenez v. Sorongon, G.R. No. 178607, December 5, 2012 (legal standing)
Abanado v. Bayona, A.M. No. MTJ-12-1804, July 30, 2012 (attachments to info)
People v. Tan, 549 SCRA 489
A.M. No. 05-8-26-SC
A.M. No. 99-1-13-SC March 1, 1999
OCA Circular No. 39-2002, August 21, 2002

ARREST

a. Definition
b. General Rule
Ambre v. People, 678 SCRA 552
c. Restrictions
d. When warrants may issue?
1. Life span of warrant of arrest
2. Enforcement of the warrant of arrest
3. Effect if not enforced within the period
e. Rights of the arrested person
RA 7438
1. Miranda rights
2. Effect of failure to read the Miranda rights
f. Warrantless arrest
1. Arrest in flagrante delicto
People v. Lacap, 368 SCRA 64 (buy-bust operation)
People v. Vasquez, G.R. No. 200304, January 15, 2014; 724 Phil. 712 (buy-
bust operation)
People v. Molina, G.R. No. 133917, February 19, 2001 (reliable information);
People v. Chua, 396 SCRA 657; People v. Nuevas, G.R. No. 170233,
February 22, 2007
Comerciante v. People, G.R. No. 205926, July 22, 2015 (improper and
unpleasant movements)
People v. Alvario, 275 SCRA 529 (fact of rape)
Luz v. People, 667 SCRA 421 (RA 4136)
Miclat, Jr. v. People, G.R. No. 176077, August 31, 2011 (plain view)
Antiquera v. People, G.R. No. 180661, December 11, 2013
People v. Manlulu, G.R. No. 102140, April 22, 1994 (lapse of time/right of the
State)
People v. Calimlim, 416 Phil. 403 (illegality of arrest vs. validity of judgment)
People v. Tampis, 455 Phil. 371 (waiver on validity of arrest)
2. Effect of an invalid warrantless arrest
g. Arrest of a minor
Sec. 21 RA 9344
RELATED READING:

Rule 113

Memorize: Sec. 5, Rule 113

BAIL

a) Purpose of bail
b) Where to file?
c) Bail before filing of information
d) General Rule
e) Discretionary bail
f) Forfeiture and cancellation of bail
g) Bail pending appeal
h) Hold Departure Order
i) Precautionary Hold Departure Order

RELATED READING:

Rule 114
Atty. Serapio v. Sandiganbayan, G.R. No. 148468, January 28, 2003 (bail hearing;
arraignment not required)
Government of Hong Kong Special Administrative Region v. Judge Olalia, Jr.,
G.R. No. 153675, April 19, 2007 (bail in extradition case)
Zuño v. Cabebe, 486 Phil. 605 (mandatory hearing)
Enrile v. Sandiganbayan, G.R. No. 213847, August 18, 2015 (bail: not flight risk)
Leviste v. CA, 629 Phil. 587 (bail pending appeal)
OCA Circular No. 194-2018, September 10, 2018; A.M. No. 18-07-5-SC, August 7,
2018 (PHDO)

RIGHTS OF THE ACCUSED

a) Presumption of innocence
b) Overcoming the presumption
c) Right to be heard
d) Right to counsel
e) Custodial investigation
f) Right against self-incrimination
g) Right to speedy trial

RELATED READING:

Rule 115
Del Castillo v. People, 664 SCRA 430; G.R. No. 185128, January 30, 2012
(presumption of innocence; how to overcome)
Miguel v. Sandiganbayan, 675 SCRA 560; G.R. No. 172035, July 4, 2012 (right to be
heard)
People v. Lara, G.R. No. 199877, August 13, 2012 (right to counsel; when arises)
People v. Ayson, 175 SCRA 216; G.R. No. 85215, July 7, 1989 (right against self-
incrimination)
Villa v. Escalona II, et al., G.R. Nos. 178057 & 178080, February 1, 2012 (right to
speedy trial)

ARRAIGNMENT AND PLEA

a) Purpose
People v. Pangilinan, G.R. No. 171020, March 14, 2007 (purpose of arraignment)

a) Effects
b) Duty of the court
c) When should the accused be arraigned?
d) Conditional plea
e) Effect of conditional plea
f) Plea to lesser offense
g) Requirements
Daan v. Sandiganbayan, G.R. 163972-77, March 28, 2008
h) Plea of guilt to capital offense
People v. Estomaca, G.R. Nos. 117485-86, April 22, 1996
i) Improvident plea
j) Suspension of arraignment
k) Remedies available before arraignment

RELATED READING:

Rule 116

MOTION TO QUASH
When may be availed of?
What form is required?
What are the grounds?
Grounds not cited in the motion

Guidelines on Continuous trial

Panaguiton v. DOJ, G.R. No. 167571, November 25, 2008
Antone v. Beronilla, G.R. No. 183824, December 8, 2010 (double jeopardy on
quashal)

Remedy if information is defective

Facts do not constitute an offense as a ground
Lack of preliminary investigation as ground
Basis of sufficiency of information as ground
Effect if motion is granted
When double jeopardy attaches?
When no double jeopardy?
Proper remedy when denied
Provisional Dismissal
Requisites of provisional dismissal
Purpose of notice to parties
Offended party
accused
When dismissal becomes permanent?
MTC
RTC
Reckoning date
• People v. Lacson, G.R. No. 149453, April 1, 2003
• William Co v. New Prosperity Plastic Products, G.R. No. 183994, June 30, 2014
Remedy of the offended party
Effect of permanent dismissal

RELATED READING:

Rule 117

PRE-TRIAL AND TRIAL

Matters to be considered
Mandatory in criminal cases
Effect of Pre-Trial Order
Effect of unsigned pre-trial order
Effect of failure to appear during pre-trial

RELATED READING:

Rules 118 to 119

Lee Pue Liong v. Chua Pue Chin Lee, G.R. No. 181658, August 7, 2013 (private
prosecutor)
Vda. de Manguerra v. Risos, et al., G.R. No. 152643, August 28, 2008

JUDGMENT

Variance doctrine
• Sevilla v. People, G.R. No. 194390, August 13, 2014
• People v. Caoili, G.R. No. 196342, & Caoili v. People, G.R. No. 196848, both
decided on August 8, 2017
Promulgation of judgment
Promulgation of judgment in absentia
• People v. De Grano, G.R. No. 167710, June 5, 2009
Finality of Judgment
death penalty – automatic appeal

NEW TRIAL OR RECONSIDERATION

Grounds for reconsideration

When may be availed of?

Grounds for new trial

When may be availed of?

RELATED READING:

Rules 120 to 121

APPEAL

What is an appeal?
What may be appealed?
Within what period may an appeal be taken?
Effect of appeal to those who did not appeal?
People vs. Valdez, G.R. No. 175602, February 13, 2013

MTC
Appeal from dismissal by trial prosecutor
Fenequito, et al. vs. Vergara, Jr., G.R. No. 172829, July 18, 2012

RTC
Ordinary
appellant’s brief
appellee’s brief
appellant’s reply
Petition for review
Extension of time
When petition for review not applicable
If penalty is death
A.M. No. 00-5-03-SC, September 28, 2004; OCA Circular No. 57-2005, May 12,
2005; People v. Mateo, G.R. No. 147678-87, July 7, 2004
A.M. No. 13-7-05-SB, October 9, 2018 (Appeals to Sandiganbayan)

CA
Dismissal of appeal
reversal or modification
conduct of trial or hearing
death penalty
Ombudsman
Morales v. CA & Binay, G.R. No. 217126-27, November 10, 2015

Sandiganbayan
A.M. No. 13-7-05-SB, October 9, 2018 (Appeals to SC)

PROCEDURES
RTC and MTC
Exceptions
SC

RELATED READING:

Rules 122 to 125

SEARCH AND SEIZURE

Application for Search Warrant

• Supreme Court A.M. No. 99-10-09-SC, January 25, 2000; OCA Circular No.
171-2017, August 14, 2017; Marimla v. People, G.R. No. 158467, October 16,
2009

Basis for issuance of search warrant

• People v. Inting, et al., G.R. No. 88919, July 25, 1990

Seizure by virtue of a search warrant

• People v. Dischoso, 223 SCRA 174
• Del Castillo v. People, 664 SCRA 430
• People vs. Punzalan, G.R. No. 199087, November 11, 2015

Warrantless search and seizure

• People v. Marti, 271 Phil. 51

Search incidental to arrest

• People v. Chua Ho San, 308 SCRA 432; Malacat v. CA, 283 SCRA 159, 175
• Luz v. People, 667 SCRA 421

Evidence in plain view

• Miclat, Jr. v. People, G.R. No. 176077, August 31, 2011
• Antiquera v. People, G.R. No. 180661, December 11, 2013 (not in plain view)
• People vs. Doria, 301 SCRA 668

Search of moving vehicle

• Caballes v. CA, G.R. No. 136292, January 15, 2002
Consented search
• People vs. Figueroa, 335 SCRA 249

Custom searches
Reasonable expectation of privacy
• People v. Leila Johnson, G.R. No. 138881, December 18, 2000

Stop & Frisk

• People v. Canton, G.R. No. 148825, December 27, 2002; Terry v. Ohio, 392
US 1, 20 L. Ed. 2nd 889
• Esquillo v. People, G.R. No. 182010, August 25, 2010

Exigent and emergency circumstance

• People v. Mariacos, G.R. No. 188611, June 16, 2010

PROVISIONAL REMEDIES

RELATED READING:

Rules 126 to 127