SYLLABUS ON CRIMINAL PROCEDURE

Semester, A.Y. 2019-2020

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I. PRELIMINARY CONSIDERATIONS

A. Definition of Criminal Procedure

1. Criminal Procedure vs. Criminal Law
2. Applicability of the Rules of Court
3. Criminal Action vs. Civil Action vs. Special Proceeding

B. Sources of Criminal Procedure

C. System of Criminal Procedure in the Philippines
D. Jurisdiction
1. Criminal Jurisdiction
2. Classes of Jurisdiction
2. Requisites for the Exercise of Criminal Jurisdiction
4. How is jurisdiction acquired
3. Jurisdiction vs. Venue

E. Criminal Jurisdiction of Courts

1. MeTC, MTCC, MTC, MCTC (Exclusive Original and Special)
2. RTC (Exclusive Original, Appellate and Special)
3. Shari’a Circuit Courts/Shari’a District Courts/Shari’a Appellate Court
4. Court-Martial
5. Sandiganbayan (Exclusive Original and Appellate)
6. Court of Tax Appeals
7. Court of Appeals (Exclusive Original, Concurrent and Appellate)
8. Supreme Court (Exclusive Original, Concurrent and Appellate)

F. CASES
1. Rule-making power of the Supreme Court
a. Estipona vs. Lobrigo

2. Jurisdiction in Criminal Cases

a. Antiporda, Jr. vs. Garchitorena, 321 SCRA 551
b. Cojuangco, Jr. vs. Sandiganbayan, 300 SCRA 367
c. Garcia v. Sandiganbayan, G.R. No. 170122, October 12, 2009
d. Uy vs. CA, 276, SCRA 367
e. Tijam v. Sibonghanoy, 23 SCRA 29
f. Binay vs. vs. Sandiganbayan, 316 scr 65
g. Miranda vs. Tuliao, G.R. 158763, Mar. 31, 2006
h. People vs. Conde, 356 SCRA 415
i. Allado vs. Diokno, 232 SCRA 192
j. Paderanga vs. CA, G.R. No. 115407, Aug. 28, 1995
k. Roberts vs. CA, 324 Phil. 568
l. People vs. Valdez, G.R. 216007 Dec. 8, 2015
m. David vs. Agbay, G.R. No. G.R. No. 199113 Mar. 18, 2015
n. Macasaet vs. People, G.R. No.156747, Feb 23, 2005
o. AAA vs. BBB, G.R. No. 212448 Jan 11, 2018
p. De Lima vs. Guerrero, G.R. No. 229871, Oct. 10, 2017
q. Moll vs. Buban, 388 SCRA 63
r. Gatchalian vs. Office of the Ombudsman, G.R. 22988 Aug. 1, 2018
s. Gonzales vs. Abaya, G.R. No. 164007 August 10, 2006
 II. RULE 110 – PROSECUTION OF OFFENSES

Jurisdiction Determined by Allegations in the Information (Macasaet v.

People, 452 SCRA 255)

A. Institution of criminal actions (Sec. 1)

1. Offenses requiring Preliminary Investigation - See Sec. 1 and Sec. 7,
Rule 112
2. All other offenses (not requiring Preliminary Investigation) – Sec. 7,
Rule 112
(a) file complaint or information directly with MTC or MCTC
(Direct filing);
(b) file complaint with office of the prosecutor - Sec. 1(b)

3. In Manila and chartered cities (RTC, MetTC) – file complaint with

the City Prosecutor. No direct filing in MetTC Manila, chartered
cities (Sec. 1[b]) Exception: Unless otherwise provided in charter

4. Interruption of prescription of offense (Statute of Limitations)

(a) Article 90, RPC – Prescription of crime
(b) Article 91, RPC – Computation of prescription of offenses

Rule: Filing of complaint with prosecutor’s office will

suspend running of prescriptive period. Exception:
“unless otherwise provided in special laws”

(d) Act No. 3326 – Prescriptive period for violations of special

laws and municipal ordinances

i. Arambulo vs. Lagui, G.R. No. 138596. Oct 12, 2000

ii. Ingco vs. Sandiganbayn, 272 SCRA 563
iii. Justado vs. People G.R. No. 219567, Feby 1, 2017
iv. Panaguiton Jr. v. DOJ, G.R. No. 167571, Nov. 25,
2008
v. SEC vs, Interport Services Corp., G.R. No. 135808,
Oct. 6, 2008
vi. People vs. Pangilinan, G.R. No. 152662, June 13,
2012
vii. Disini vs. Sandiganbayan, G.R. Nos. 169823-24,
September 11, 2013

B. Who must prosecute criminal actions (Sec. 5; See also Sec. 11 (4)(a), R.A.
No. 10071)

1. All criminal actions prosecuted under the direction and control of a

public prosecutor (City Prosecutor, Provincial Prosecutor, Regional
State Prosecutor, State Prosecutor) and their assistants
a. Baviera v. Paglinawan, G.R. No. 168380, Feb. 8, 2007
b. Ledesma v. CA, 278 SCRA 656
c. Crespo v. Mogul, 151 SCRA 462
d. Republic v. Sunga, L-38634, June 20, 1988
e. Pinote v. Ayco, A.M. No. RTJ-05-1944, Dec. 13, 2005
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 f. Villanueva vs. Almazan, 328 SCRA 230
g. Caes v. IAC, 179 SCRA 54
h. Sistoza vs. Desierto, 288 SCRA 307
i. Gomez vs. People, G.R. No. 216824, November 10, 2020

2. A private prosecutor, under following conditions:

a. heavy work schedule of public prosecutor or lack of public
prosecutors
b. with authority in writing from Chief of Prosecution Office
or Regional State Prosecution
c. subject to approval by the Court
d. authority may be revoked/withdrawn by public prosecutor
e. to represent private offended party for recovery of civil
liability (Sec. 16; See also the Revised Guidelines for
Continuous Trial of Criminal Cases [A.M. No. 15-06-10-
SC]; DOJ Cir. Memo No. 25, Apr. 26, 2002; Cf. Sec. 1, Rule
111)

i. People v. Dacudao, G.R. No. 81389 February 21,

1989
ii. Valderama vs. People, G.R. No. 220054, Mar. 27,
2017
iii. Laude vs. Ginez-Jabalde, 775 SCRA 408

3. In MTC/MCTC, the offended party, any peace officer, public officer

charged with enforcement of law violated when the prosecutor
assigned thereto or to the case is not available (OCA Circular No.
39-2002, restored this in Sec. 5)

4. In appeal of criminal cases before CA, SC - the Office of Solicitor

General (OSG) is appellate counsel for the People (Sec. 35(1), 1987
Administrative Code; RA No. 9417)

i. People v. Dacudao, G.R. No. 81389 February 21, 1989

ii. People vs. Gabriel, G.R. No. 147832, Dec. 6, 2006
iii. Urbano vs. Chavez, G.R. No. 87977, Mar. 19, 1990

4. Private crimes which can only prosecuted upon the complaint of the
offended party and cannot be prosecuted de oficio (Sec. 5, Par. 2, 3,
4, 5). Effect of pardon in private crimes.

a. Adultery and Concubinage – by the offended spouse, and

must include all guilty parties. No prosecution: if offended
party consented to offense or pardoned the offenders (See Art.
344 of the RPC)

b. Seduction, Abduction, and Acts of Lasciviousness (See Art.

344 of the RPC):

i. by offended party or her parents, grandparents, guardian.

No prosecution: if offender is expressly pardoned by
offended party or parents, grandparents, guardian
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 ii. Minor offended party has right to initiate prosecution
independently of her parents, grandparents, or guardian.
Unless: minor is incompetent or incapable of initiating

iii. by minor’s parents, grandparents, guardian (exclusive of

all other persons and exercised successively in that order),
where minor offended party fails to file complaint

iv. State shall initiate criminal action, where:

a. offended party dies or becomes incapacitated before
she can file complaint; and
b. offended party has no known parents, grandparents or
guardian

NOTE: Under R.A. No. 8353, Rape is no longer a crime

against chastity and can now be prosecuted de oficio

c. Defamation (imputation of Adultery, Concubinage,

Seduction, Abduction, and Acts of Lasciviousness) – by
offended party

d. Libel, Slander, Defamation – by offended party (Article 360,

Par. 5, RPC)

C. Intervention of the offended party in criminal action (Sec. 16)

Where civil action for recovery of civil liability is instituted in the

criminal action pursuant to Rule 111, the offended party may intervene by
counsel in the prosecution of the offense.

i. Community Rural Bank of Guimba (N.E.) v. Talavera, 455

SCRA 34
ii. Cabral v. Puno, G.R. No. G.R. No. L-41692, April 30, 1976
iii. Mobilia Products, Inc. v. Umezawa,452 SCRA 736
iv. Caes vs, IAC, 179 SCRA 54
v. Reyes vs. Sempio-Dy, G.R. No. 71914, Jan. 29, 1986

D. Parts of Complaint or Information

The complaint or information shall be in writing in the name of the

People of the Philippines against all persons who appear to be responsible
for the offense involved. (Sec. 2)

Right of the accused to be informed of the nature and cause of the

accusation against him (Sec. 14(2), Article III, 1987 Constitution; Sec. 1(b),
Rule 115)
i. People v. Mendoza, 175 SCRA 743
ii. People v. Aspili, 191 SCRA 530

1. Complaint – Sworn written statement; subscribed by offended

party, any peace officer, public officer charged with enforcement

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 of the law violated (Cf. OCA Circular No. 39-2002 and See also
Sec. 3, Rule 112)
i. People vs. Historillo, 333 SCRA 615
ii. Oporto, Jr. vs. Monserate, 256 SCRA 615
iii. Callo-Claridad vs. Esteban, G.R. No. 191567, Mar. 20,
2013

2. Information – Accusation in writing; subscribed by the prosecutor;

filed with the Court (See also Sec. 4, Rule 112)

Information vs. Complaint

3. Sufficiency of the Complaint or Information

a. Parties to criminal action
1. People of the Philippines as plaintiff
2. The name and surname of the accused or any
appellation or nickname by which he has been or is
known must be stated (Sec. 7). If his name cannot be
discovered, he must be described under a fictitious
name with a statement that his true name is unknown.
When an offense is committed by more than one
person, all of them shall be included in the complaint
or information (Sec. 6).

3. Private offended party as witness for the plaintiff

b. Designation of the offense as given by the statute and if

there is no such designation, reference should be made to
the section or subsection of the statute punishing it.

i. People vs. Lubong, 332 SCRA 305

ii. People vs. Diaz, 320 SCRA 168
iii. Licyayo v. People, G.R. No. 169425, Mar 4, 2008
iv. People vs. Gutierrez, 403 SCRA 178

c. Duplicity of the offense - Must charge but one offense,

except only in those cases in which existing laws prescribe
a single punishment for various offenses (Sec. 13; Cf Art.
48, RPC and Various Special Complex Crimes in the RPC)

i. People vs. Manalili, 294 SCRA 220

ii. People vs. Jugueta, G.R. No. 202124 Apr. 5, 2016
iii. People vs. Delos Santos, 355 SCRA 415

d. Cause of the accusation - Statement of the acts or omissions

constituting complained of. (Sec. 9)

i. People v. Legaspi, GR No. 136164, Apr. 20, 2001

ii. Quimvel vs. People, G.R. No.214497, Apr. 18,
2017
iii. People vs. Sadiosa, 290 SCRA 92

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 Qualifying and aggravating circumstances must be
expressly and specifically alleged in complaint or
information. Where Information fails to allege qualifying
or aggravating circumstances, same cannot be considered
in imposition of penalty (Secs. 8 and 9)

i. People v. Mendoza, G.R. No. 132923, Jun 6, 2002

ii. Buebos v. People, G.R. No. 163938, Mar 28, 2008
iii. People v. Ubina, G.R. No. 176349, July 10, 2007
iv. People vs. Ukay, G.R. No. 246419, September 16, 2020

e. Place of commission of the offense – Sufficient if it can be

understood from its allegations that the offense was
committed or some of the essential ingredients occurred at
some place within the jurisdiction of the court. Where the
place of commission is essential element, it must be alleged
with particularity (e.g., Robbery in an inhabited house,
trespass to dwelling, destructive arson, highway robbery)
(Sec. 10)

i. Lopez vs. City Judge, 18 SCRA 616

ii. Tuazon vs. Cruz, 66 SCRA 235
iii. Lim vs. Ca, 251 SCRA 408
iv. People v. Taroy, 657 SCRA 349
v. Cabral vs. Bracamonte, G.R. No. 233174 Jan
23, 2019

f. Date of commission of the offense – (1) Precise date of

offense not necessary to be stated in complaint or
information. The offense may be alleged to have been
committed on a date as near as possible to the actual date
of its commission. (2) Except when date is a material
ingredient of offense, it must be correctly stated in the
Information (e.g., Infanticide, which requires victim to be
less than three days old; physical injuries; election offense)
(Sec. 11).

i. People vs. Razonable, 330 SCRA 562

ii. People vs. Bugayong, 299 SCRA 528
iii. Gabionza vs. CA, 355 SCRA 759
iv. People vs. Borromeo, 123 SCRA 253
v. People vs. Gianan,340 SCRA 477
vi. People vs. Garcia, 281 SCRA 463

g. Name of the offended party – The name and surname of the

person against whom or against whose property the offense
was committed, or any appellation or nickname he is
known or, he must be described under a fictitious name.
(Sec. 12)

i. U.S. v. Kepner, 1 Phil. 519

ii. U.S. v. Lahoylahoy, 38 Phil. 330

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 iii. People v. Uba, 99 Phil. 134
iv. Mendoza vs. Almeda-Lopez, 64 Phil 820

4. Records Supporting the Complaint or Information - An

information or complaint filed in court shall be supported by the
affidavits and counter-affidavits of the parties and their witnesses,
together with the other supporting evidence and the resolution on
the case. (Sec. 8, Rule 118)

5. Complaint or information may be quashed if “it does not conform

substantially to the prescribed form” (Sec. 3(e), Rule 117) but it
may be waived (Sec. 9, Rule 117)

i. Gomez vs. People, G.R. No. 216824, Nov. 10, 2020

E. Amendment or Substitution – (Sec. 14)

1. How effected
2. Formal vs. Substantial
3. Timeliness
a. Before plea
i. Both form and substance
a. even without leave of court
b. provided that it does downgrade the nature of the
offense charged or excludes any accused
ii. Any substantial amendment which downgrades the
nature of the offense charged or excludes any
accused

a. only be made upon motion of the prosecutor

b. with notice to the offended party, and
c. with leave of court

b. After plea and during trial:

i. Formal amendments only (e.g., real name of accused)
a. with leave of court and
b. must not cause prejudice to the rights of the
accused

i. People vs. Bonito, 342 SCRA 405

ii. People vs. Degamo, 402 SCRA 133
iii. Gabionza vs. CA, 355 SCRA 759

ii. Substantial amendments are prohibited except if

beneficial to the accused

i. Matalam v. Sandiganbayan, 455 SCRA 736

ii. People vs. Janairo, 311 SCRA 58
iii. People vs Sandoval, 340 SCRA 476
iv. Teehankee vs. Madayag, 207 SCRA 135

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G. Place where action is to be instituted – Sec. 15

1. General Rule: Court of municipality or territory where offense was

committed or where any of its essential ingredients occurred. Not
applicable to:

i. Cases cognizable by Sandiganbayan (PD 1606, as

amended) which will tried where it sits
ii. Cases affecting ambassadors, public ministers and
consuls which is within the concurrent jurisdiction of
the SC and the RTC (Sec. 5 [1], Art. VIII, 1987 Const.
Sec. 21 of B.P. Blg. 129, PD 1606 as amended by RA
No. 8249)
iii. Libel (Art. 360, RPC) which is subject to special rules
on venue
iv. Illegal Recruitment under RA 8042 (Sec. 9)
v. Piracy (Arts. 122, 123, RPC), triable anywhere
vi. Change of venue ordered by SC (Section 5[4], Article
VIII, 1987 Constitution

2. Offense committed in train, aircraft, other public/private vehicle

in the course of its trip - “passed during its trip, including place of
departure and arrival”

3. Offense committed on board a vessel in the course of its voyage –

“first port of entry” or “where vessel passed during the voyage”,
subject to principles of international law

4. Extraterritorial crimes (Art. 2, R.P.C.) – where first filed

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