Criminal Procedure

13 September 2021

Basic Concepts:

1. Definition and Nature

A proceeding whereby the state prosecutes a person for an act or omission punishable by law

Criminal proceeding – a proceeding before the trial court from the arraignment up to the rendition
of judgment

Crime – ac act or omission in violation of a public law (law promulgated by the state to govern
and maintain order in the society)

Offense – an act or omission in violation of a special law

Infraction – an act or omission in violation of an ordinance (law promulgated by local legislative

body)

Felony – an act or omission punishable by the revised penal code

Objectives of the rules on criminal procedure:

To secure a just, speedy and inexpensive disposition of every action and proceeding

Nature of Action Description Governing Rule

Civil One by which a party sues Rule 1-71 of Rules of Civil
another for the enforcement Procedure
or protection of a right or the
prevention or redress of a
wrong
Criminal One by which the state Rules of criminal procedure
prosecutes a person for an 110 - 127
act or omission punishable by
law
Special Proceeding A remedy by which a party Rules of special court
seeks to establish a status, a
right or a particular fact

2. Interpretation of the rules

- Liberal construction of the rules (rules must be interpreted in such a way that it provides
just, speedy and inexpensive disposition of every action and proceeding)
- Can be suspended if matters of life, liberty, honor and/or property are at stake
Systems of Criminal Procedure
1. Inquisitorial – the detection and prosecution of offenders are with the officials and
agents of the law and are not left with the initiative of private parties (may result to
torture or intimidation)
2. Accusatorial – the accusation is exercised by every citizen or by a member of the group
to which the injured party belongs
i. There is legal battle between the parties
ii. The supposed offender has the right to be confronted by his accuser
iii. There is presumption of innocence which the prosecution must
overcome
3. Mixed System – examination by the prosecutor’s office of the complaint or information
i. The holding of the trial after the finding of probable cause
ii. Proof of guilt beyond reasonable doubt must be established in order to
convict an accused

Guilt beyond reasonable doubt

- Requiring proof of guilt beyond reasonable doubt necessarily means that mere suspicion
of the guilt of the accused, no matter how strong, should not sway judgment against him.
It further means that the courts should duly consider every evidence favoring him, and
that in the process the courts should persistently insist that accusation is not
synonymous with guilt; hence, every circumstance favoring his innocence should be fully
taken into account.   That is what we must be do herein, for he is entitled to nothing less.
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- Without the proof of his guilt being beyond reasonable doubt, therefore, the presumption
of innocence in favor of the accused herein was not overcome

- Moral certainty is necessary (it does not mean such a degree of proof as, excluding the
possibility of error, produces absolute certainty

Criminal Jurisdiction
- It is the authority to hear and try a particular offense and impose punishment for it
Determinants
1. Geographical limits
2. Nature of action

Jurisdiction of the MTC, MeTC, MTCC, MCTC (collectively known as inferior courts)
1. Violations of City or Municipality ordinances committed within their respective territorial
jurisdictions.
2. Offenses punishable with imprisonment of not more than 6 years, regardless of the amount of
fine and other accessory penalties
3. All cases of damage to property through criminal negligence (reckless imprudence resulting to
damage to property)

Summary procedure (no trial)

1. Traffic violations
2. Violations of rental laws
 3. Violations of municipal ordinances
4. Offenses where the penalty does not exceed 6 months imprisonment (unjust vexation – 1
month imprisonment)

Jurisdiction is a matter of substantive law

Illustrative case
Dagul committed a crime which is under the jurisdiction of the MTC
Before the case was filed, the law on jurisdiction was amended and the crime was made cognizable
by the RTC
To which court should the case be filed?

The law in force at the time of the commencement of the criminal action determines the jurisdiction
of the court – Elvira Yu Oh vs CA, et. al. GR no. 125297 June 6, 2003
Venue
Two-fold nature
1. It determines the place where the criminal action is to be filed
2. It determines which court has jurisdiction to try and hear criminal case

Ways to commence a criminal action or proceeding

1. Filing of a written complaint with the barangay
2. Arrest of a person in flagrante delicto
3. By virtue of search warrant
4. Filing of complaint with the DOJ for cases requiring preliminary investigation
5. Direct filing with the court

Prosecution of Offenses Rule 110

Prescription in the prosecution of offenses

Legal prescription

1. Refers to the time within which the criminal action must be instituted

2. Prescription is important because a criminal action cannot be filed prescription already sets
in

Cannot be filed if prescription already sets in (prescribed period)

Interruption of prescriptive periods for crimes

Rule: The institution of criminal action, whether for PI or for direct filing in court, interrupts the
prescriptive period for the crime

Exception: The prescriptive period for violations of special laws and municipal ordinances is interrupted
only if the complaint/information is filed in court.
Exception to the exception: If the special law/municipal ordinance provides that its prescriptive period is
interrupted by filing of the action either in the prosecutor’s office or in court

Injunction on criminal prosecution

Rule: Criminal prosecutions cannot be enjoined because public interest requires that criminal acts be
immediately investigated and prosecuted for the protections of the society

1. For protection of constitutional rights of the accused

2. For orderly administration of justice
3. For avoidance of multiplicity of suits
4. When there is a prejudicial question involved (like in crime of bigamy – but there is a pre-
existing annulment of first marriage)
5. When the officers acted without or in excess of jurisdiction
6. Prosecution under an invalid law
7. Double jeopardy is apparent (same offense after case has already been decided and you have
already been acquitted)
8. The court has no jurisdiction over the offense
9. A case of persecution rather than prosecution

Complaint

A sworn written statement charging a person with an offense, subscribed by the offended party, any
peace officer, or other public officer charged with the enforcement of the law violated (sec 3, rule 110,
rules of criminal procedure)

Information

Accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the
court (sec 4, rule 110)

Complaint
Complaint information
A sworn statement An accusation in writing
For private crimes For public crimes
Subscribed by either Subscried only by the prosecutor
1. Offended party
2. Peace officer
3. Public officer charged with the
enfocement of law
Filed either to the prosecutor office for the PI or Always filed in court
directly to the court
Filed by complainant Filed by prosecutor
Precedes the information Subsequent to complaint

Powers of the public prosecutor

 1. To conduct Preliminary Investigation (near probable cause must be established)
2. To conduct the prosecution of a case
3. To inquest (Preliminary investigation when complaint is filed, thru counter affidavit, replies

Direction and control of the prosecution of cases

All the criminal actions shall be prosecuted under the direction and control of public prosecutor
to prevent unfounded and malicious prosecutions by private persons

Flow in the prosecution of crimes

1. Prosecutor (review)
2. DOJ secretary (appeal) -> Court of Appeals
3. Office of the president if penalty is death, reclusion perpetua or life imprisonment
Private Prosecutor
Represent the private offended parties
A. Private prosecutor may be allowed to prosecute a criminal case if the ff conditions present
1. There is no public prosecutor avail or if there is he is burdened with heavy work sched
2. An application to prosecute the case is made by the private prosecutor
3. Authority in writing by the chief of the prosecution office of the regional state prosecution
and
4. Approved by the court (authority must be in writing)
5. The prosecution of

Private crimes
- An offense wherein there is a private offended party
1. Adultery
2. Concubinage
3. Seduction
4. Abduction
5. Acts of lasciviousness
6. Defamation based on imputation of adultery, concubinage, seduction, abduction

Institution of private crimes

- The public prosecutor cannot prosecute private crimes on his own initiative

Parens Patriae in crimes of secudtion, abduction and acts of lasciviousness

- In case of death or incapacity of the offended party before filing the complaints and he has
no known parents, grandparents or guardians the state shall initiate the criminal action on
his behalf

Contents of a sufficient complaint/information

1. Name/s of the accused
2. Designation of the offense by the law
3. Approximate date of the commission of offense
4. Acts or omissions complained of constituting the offense
5. Name of the offended party
6. Place of commission of offense
Statement of the name of the accused
To enable the court to identify the accused so that the court can acquire jurisdiction over his person and
thereafter

Is fictitious name of appellation allowed?

This is allowed if the true name is unknown with an explanation to that effect

Misspelled or erroneous name?

1. Sec. 7 of Rule 110 establishes the following rules in designating the name of the accused: (a) The
complaint or information must state the name and surname of the accused or any appellation or
nickname by which he has been or is known. (b) If his name cannot be ascertained, he must be
described under a fictitious name. A description of the accused under a fictitious name must be
accompanied by a statement that his true name is unknown. CHAPTER II PROSECUTION OF
OFFENSES (Rule 110) 85 (c) If later his true name is disclosed by him or becomes known in some
other manner, his true name shall be inserted in the complaint or information and in the records of the
case.

The accused should call the attention of the court for proper amendment or else he is estopped
especially if he she participated in proceedings