Subject Matter Outline (SMO)

in CRIMINAL PROCEDURE SY 2022

by
Associate Justice Jean Marie A. Bacorro-Villena

I. INTRODUCTION
a. Definition-
b. Systems of Criminal Jurisdiction
c. Principles of Jurisdiction
d. Requisites for the valid exercise of criminal jurisdiction

Cases:
Miranda v. Tuliao- 31 March 2006
Tijam v. Sibonghanoy – 15 April 1968
Paderanga v. CA - 28 August 1995
Pangilinan v. CA - 321 SCRA 51
David v. Agbay – 18 March 2015
Serana v. Sandiganbayan – 22 January 2008

e. Jurisdiction of different criminal courts

(First and second level courts; special courts like family courts; original and
exclusive criminal jurisdiction of the Sandiganbayan and the Court of Tax Appeals)

People v. Sandiganbayan, 15 September 2010

Lacson v. Executive Secretary, 301 SCRA 298
*meaning of “in relation to their office”

II. WARRANTLESS ARREST

Rule 113, Section 5, Sections 8-10, 14
Republic Act No. 7438
Article III, Sec 12, Constitution
Rule 112, Section 7
Rule 114, Section 26
Art. 125, RPC
Inquest Proceedings vs. Custodial Investigation

Cases:
Mahipus v. People, 13 February 2019
Vasporo v. People, 3 June 2019
Veridiano v. People, 07 June 2017
People v. Paliza, 14 January 2015
Pestilos v. Generoso, 10 November 2014
People v. Villareal, G.R. No. 201363, 18 March 2013
People v. Molina, 19 February 2001
People v. Mengote, 2210 SCRA 174
People v. Laguio, Jr. 518 SCRA 393
People v. Martinez, 10 December 2010

III. RULE 126: SEARCH and SEIZURE

Rule 126
Art 3, Section 2, 1987 Constitution
SC Adm. Circ. No. 13, 1 October 1985
SC Adm. Circ. No. 20-97, 27 March 1997
Adm. No. 99-20-99, 25 January 2000
Adm. No. 00-5-03-SC
A.M. No. 21-06-08-SC
 Cases:
People v. Sapla – 16 June 2020
People v. Pastrana – 21 February 2018
People v. Fbronola, 04 April 2018
Macad v. People, 01 August 2018
People v. Cogaed, 30 July 2014
People v. Mariacos- 16 June 2010
People v. CA, 8 December 2000
Homar v. People – 2 September 2015
Roan v. Gonzales- 25 November 1986
Marimla v. People, 16 October 2009

III . PRELIMINARY INVESTIGATION

Rule 112
Rule 110, Section 1
A.M. No. 05-8-26-SC
Rules on Summary Procedure
a. Definition and Purpose (SEC 1, Par 1)
b. Coverage
c. Nature and Character

Cases:
Santos v. Go- 19 October 2005
Go v. Ca - 11 February 1992
Yusop v. Sandiganbayan - 22 February 2001
Bautista v. CA - 6 July 2001
Ho v. People - 9 October 1997
Leviste V. Alameda -10 August 2010
Mendoza V. People, April 2014
Ledesma v. CA, 278 SCRA 656
Paredes v. Sandiganbayan, 28 January 1991

IV. INSTITUTION OF CRIMINAL ACTION

Rules 110
Rule 119, Section 19
Rule 120, Sections 4 & 5
Articles 14 & 90, RPC
RA 7659
RA 3226, Section 2
A.M. No. 02-2-07-SC 10 April 2002

Cases:
Crespo v. Mogul, 151 SCRA 462
Villareal v. Aliga, 13 January 2014
Zapanta v. People, 20 March 2013
Ricarze v. Court of Appeals, 9 February 2007
People v. Aquino, 6 August 2002
Agustin v. Pamintuan, 22 August 2005
Pacoy v. Cajigal, 28 September 2007
People v. Catubig, 23 August 2001
Baltazar v. Chua, February 27, 2009
Leviste v. Almeda, 10 August 2010

V. PROSECUTION OF CIVIL ACTION

Rule 111
Articles 100, 103, RPC
RA 7438
Cases:
 Supreme Transportation Lines v. Ruz, 15 August 2018
Santos v. Pizzaro, July 29, 2005
Casupanan v. Laroya, 26 August 2002
Rimando v. People, 13 October 2014
Dreamwork Construction v. Janiola, 30 June 2009
Manlilic v. Calaunan, 25 January 2007
Sps. Jose v. Sps. Suarez, 30 June 2008
Marbella-Bobis v. Bobis, 31 July 2000
Madarang v. CA, 14 July 2005

VII. BAIL
Rule 114
RA 9346, RA 9344
A.M. No. 05-8-26-SC 3 October 2005
A.M. No. 12-11-2-S, 1 May 2014

a. Constitutional basis
b. Definition and Purpose (Sec. 1)
c. Origin
Presumption of innocence, persons should not be subjected to loss of freedom
unless his guilt is proved beyond reasonable doubt
d. Custody of Law; Meaning; How Acquired
e. Residual Jurisdiction

Cases:
People v. Tanes, 03 April 2019
Recto v. People, 05 December 2018
Leviste v. CA, 17 March 2010
Paderanga v. CA- 247 SCRA 741
Miranda v. Tuliao- 31 March 2006

VIII. MOTION TO QUASH

Rule 117

Cases:
People v. Laquio, Jr.,16 March 2007
People v. Alejandro, 11 January 2018
Aguilar v. San Pedro, 17 September 2010
People v. Sandiganbayan, 21 March 2011
Pacoy v. Cajigal, 28 September 2007
People v. Tan, 26 July 2010
Villareal v. Aliga, 13 January 2014
Bonsubre v. Yerro, 11 February 2015
Soriano v. People, 591 SCRA 244
Vasquez v. Hobilia- Alinio, 271 SCRA 67

IX. ARRAIGNMENT and RIGHTS of the ACCUSED

Rule 115 and Rule 116
Supreme Court A.M. No. 03-1-09, 16 August 2004
AM 15-06-10-SC
RA 8493, Speedy Trial Act

Cases:
Coscolluela v. Sandiganbayan, 15 July 2013
Uy v. Arsenio, 27 October 2006
People v. Ortillas, 24 May 2005
People v. Sesbreno, 9 September 1999
People v. Estomaca, 22 April 1996
 Chavez v. CA, 24 SCRA 71
People v. Derilo, 18 April 1997
Adasa v. Abalos, 527 SCRA 726

X. PRE-TRIAL
Rule 118
a. purpose
b. delays in trial
AM No. 19-10-2020-SC

XI. TRIAL
Rule 119
a. Periods of Trial
b. Excluded Delays
c. Order of Trial
d. Final v. Interlocutory Order (remedies)
RA 8493, Speedy Trial Act
SC Circ. 38-95, 11 August 1998
Continuous Trial Act
RA 6981
Rule 132, Section 4
AM No. 004-07-SC, 15 December 2000 (Examination of Child Witness)
AM No. 12-8-8-SC (Judicial Affidavit Rule)

X. JUDGMENT
Rule 120
PD 968 (Probation Law) ; RA 10707
RA 9344, Section 38

Case:
Daan v. Sandiganbayan, 28 March 2008

XI. MOTION FOR NEW TRIAL (“Berry Rule”) or RECONSIDERATION

XII. PROBATION
XIII. APPEAL