Criminal Procedure

- Series of processes which criminal laws are enforced and by which the state prosecutes violators
of penal laws
- Regulates the steps by which one who committed a crime is to be punished
- Generic term to describe the network of laws and rules which governs the procedural
administration of justice

Procedural System Used by the PH courts – Adversarial or Accusatorial

- contemplates two contending parties before the court which hears them impartially and renders
judgment only after trial

Two-Sided Structure – Prosecution and Defense

- Convinces the court that its position is the correct version of the truth

Rules on criminal procedure – Liberally interpreted (Sec 6, Rule 1, RoC)

- Part of the rules of court

Due process mandatory – INDESPENSABLE

- Law which hears before it condemns and proceeds upon inquiry and renders judgment only
after trial

Requirements of due process

1. Court trying the case is properly clothed with judicial power to hear and determine the matter
before it
2. Jurisdiction is lawfully acquired by it over the person of the accused
3. Accused is given opportunity to be heard
4. Judgment is rendered only upon lawful hearing

Requisites before a court can acquire jurisdiction over a criminal case

1. Jurisdiction over subject matter

o authority of the court to hear a particular case
2. Jurisdiction over the person of the accused
o authority of the court over the person charged with the crime
3. Jurisdiction over territory
o offense must have been committed within the court’s territorial jurisdiction
o or where anyone of the essential ingredients for the offense took place
o venue is an essential element of jurisdiction and is determined by allegations in the
complaint or information
o court should dismiss action for want of jurisdiction if the offense was allegedly
committed outside of the court’s territorial jurisdiction

When a court has jurisdiction to try offenses not committed within its territorial jurisdiction
1. When the offense committed was enumerated in Art. 2 of the RPC, offense is cognizable before
PH courts even if the offense was committed outside of the territory of the PH
2. SC orders change of venue to avoid miscarriage of justice
3. If offense is committed in a train aircraft or other public or private vehicle, criminal case may be
tried where the vehicle, train or aircraft passed during its trip
4. If offense was committed in a vessel in the course of its voyage, tried in the first port of entry
5. If the case is cognizable by the Sandiganbayan, jurisdiction depends upon the nature of the
offense and the position of the accused
6. Offense is written defamation, criminal action may be filed in the province or city where the
offended party held office at the time of the commission of the offense if he is a public officer or
in the province or city where he actually resided at the time of the commission of the offense for
private individuals
 7. Written Defamation
a. Public Official or Private Individual, Action filed in Court of First Instance where libelous
article is printed and first published
b. Private Individual, action filed in CFI of Province where he resided at the time of the
commission of the crime
c. Public Officer whose office is in Manila, filed in CFI (RTC) Manila
d. Public Officer holding office outside of Manila, Action filed in CFI (RTC) of the province or city
where he held office at the time of the commission of the offense

Criminal Jurisdiction over subject matter

- Right and power to hear and determine a cause – it is a question of law.
- Power and authority to hear and determine issues of facts and of law; the power to inquire into
facts to apply the law and to pronounce judgment
- Power to hear and determine cases of the general class to which the proceeding in question,
belongs.
- Conferred by law – Conferment must be clear and not presumed
- Cannot be fixed by the will of the parties, nor acquired or diminished by the will of the parties
- Cannot be conferred upon the court by the accused
- Not conferred by mere administrative policy of any trial court

How jurisdiction over subject matter is determined

1. When conferred by law – determined by allegations in the complaint and information to

ascertain the facts and the punishment provided for by law
2. Determined by allegations of the complaint or information
3. Defined by the constitution or statute, elements must appear in the complaint or information so
as to ascertain which court has jurisdiction
4. In cases cognizable by the Sandiganbayan, both nature and offense and position of the accused
are absolutely essential
5. Complex crimes, jurisdiction lies with the court who can impose the maximum and most serious
penalty imposable
o MTC – Less than 6 years – NOTE: BP 22 tried in MTC
o RTC – More than 6 years

Dismissal on jurisdictional grounds

- Objection may be raised motu propio by the court at any stage of the proceedings or on appeal
- Special appearance before the court to challenge the jurisdiction of the court over the person is
not tantamount to estoppel or a waiver of the objection and is not a voluntary submission to the
jurisdiction of the court.

Raising the issue of jurisdiction before the supreme court

1. Party cannot invoke the jurisdiction of the court to secure affirmative relief against his opponent
and after obtaining or failing to obtain such