EULOGIO AMANG RODRIGUEZ INSTITUTE OF SCIENCE AND TECHNOLOGY

COLLEGE OF CRIMINAL JUSTICE EDUCATION

CRIMINAL PROCEDURE
Prepared by: Jenalyn T. Baccay

Venue in criminal cases is jurisdictional

o General Rule: The place where the crime is committed determines the jurisdiction of the court.
EXCEPT:
1. Transitory and continuing offenses, wherein one or more of the elements happened in different
venues.

Example: estafa, where the elements may be committed in different places

(where deceit took place, or where damage suffered)

BP 22 where you can file either in the place of issue of check or where the check was
deposited and bounced
➢ Can an offense be committed outside the Philippines yet be filed here?
o Yes, under: Article 2 of the RPC, Human Security Law, covering acts of terrorism,

➢ For the institution of the criminal complaint, you have to distinguish between Metro
Manila/Chartered Cities and Outside Metro Manila.
Metro Manila/Chartered Cities Outside Metro Manila

Requiring Preliminary Office of the Prosecutor Office of the Prosecutor

Investigation
(at least 4 years, 2 months,
1 day)

Not requiring Office of the Prosecutor Provincial Prosecutor/MTC

Preliminary
Investigation

Falling under Rule on Office of the Prosecutor Provincial Prosecutor/MTC

Summary Procedure

Read with Rule 110, Sec 15

o If offense committed in a train, car, plane, or vehicle in the course of its trip: wherever the vehicle
passed during its trip; including the place of its departure and arrival
o If offense committed on board a vessel: first port of entry or where the vessel passed
during the voyage
o For Article 2: where the criminal action is first filed

➢ What determines the jurisdiction of the court?

- It is determined by the allegations in the information
- As long as any one of the elements of the offense, or the offense itself, is committed within the territorial
jurisdiction of the court, and these are alleged in the information, then the court can taken cognizance
of the case. (Foz v Fajardo, 2009, a libel case which was dismissed for improper venue for failure to
show in the information the relevant jurisdictional facts.

Jurisdiction of RTC/MTC
o RTC: Penalty exceeds six years imprisonment; Regardless of fine or accessory penalty o MTC:
Penalty does not exceed six years imprisonment; Also, for violations of city or municipal ordinances;

If penalty is just a fine (SC Circular 09-94):

RTC: exceeds P4000
MTC: does not exceed P4000
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➢ Who has jurisdiction to issue hold departure orders?
o Only the RTC. MTC can NOT. Hold-departure orders shall be issued only in criminal cases within the
exclusive jurisdiction of the RTC.

o The Secretary of Justice can also issue hold-departure orders even without any information filed in
court, but this is under the executive branch, and must be supported by probable cause.

➢ What is the jurisdiction of the Sandiganbayan?

o The accused is at least a Salary Grade 27 employee; And the offense is committed in relation to their
office

➢ Can there be instances when you are not SG27 and still be under the SB jurisdiction? o
Yes, if the law expressly provides so. So, the following are under the SB jurisdiction: -
Members of the sangguniang panlungsod
- A student reagent (Serrana v SB, 2008, since the SB has jurisdiction over State-owned
universities and the student reagent is a member of its board)

Rule 110: Prosecution of Offenses

➢ The institution of a criminal action shall interrupt the running of the prescription period
Unless provided by special laws:

COMPLAINT- A complaint is 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.

INFORMATION – An information is an accusation in writing charging a person with an

offense, subscribed by the prosecutor and filed with the court.

➢ The public prosecutor has control and supervision of a criminal case. As such, he has the following
duties: Conduct Preliminary Investigation, Prosecute a case and conduct inquest proceedings.

NOTE: The prosecutor who conducted preliminary investigation will not be the same prosecutor who will
prosecute the case. Thus, the public prosecutor must be there during the case. If the prosecutor is absent, the
hearing will be cancelled. EXCEPTION to the public prosecutor’s presence: if the private prosecutor can
obtain a certification from the Chief of the Prosecution Office allowing him to prosecute even in the absence
of a public prosecutor. (The cert lasts until the case ends)

Amendment or substitution of information and complaint

Amendment of the information can be done. It just depends when and what is changed. o
Before plea: amendment can be done whether in form or substance
- Substantial amendment needs a new preliminary investigation

o After plea:
- Substance: no amendment allowed
- Form: Yes, as long as it will not prejudice the right of the accused

Downgrading and Exclusion

o Downgrading: Lessening the offense (robbery to theft, murder to homicide, seduction to acts of
Lasciviousness)
o Exclusion: Removing from the information a person
Both of these must be done:
- Before plea
- Upon motion of the prosecutor
- With leave of court

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- With the consent of the offended party
Substitution - The information will be substituted with a new one to be filed if the prosecution cannot
prove the offense charged in the prior information (“mistake has been made in charging the proper
offense”)
- Court will dismiss the original complaint or info upon filing of a new one PROVIDED, accused would not be
placed in double jeopardy.
-
➢ When can you substitute?
- anytime before judgment, provided the accused will not be put in double jeopardy -
o There is no substitution of information when there is only a change in the mode of the commission of an
offense. Hence, no need for preliminary investigation either.

➢ When is a new preliminary investigation needed?

- Substitution of information
- Substantial amendment of the information
- Provisional dismissal when the original witness recanted or have died or no longer available and when
new witnesses appear
- Other persons are charged under a new complaint for the same offense or complaint -
Original case has been upgraded
- The criminal liability of the accused is upgraded from accessory to principal

RULE 111: Prosecution of Civil Action

GR: Once a criminal action is instituted, the civil action is likewise instituted.
EXCEPTION:
- Reservation. It must be made anytime before the prosecution commences with the presentation of
evidence and under circumstances affording the offended a reasonable opportunity to make
sure reservation. (Note: No reservation to file civil action separately in BP 22 cases)
- Civil action was instituted prior to the criminal action. Option: To consolidate with the
criminal action
- Waiver of civil action

➢ After the criminal action has been commenced, the separate civil action arising therefrom
cannot be instituted until final judgment has been entered in the criminal action. If
criminal action comes after the civil action, the civil action will be suspended and will continue to be
suspended until final judgment in the criminal action.

➢ When civil action may proceed independently?

- Art. 32 of the Civil Code: violation of rights

- Art. 33 of the Civil Code: defamation, fraud, and Physical Injuries
- Art. 34 of the Civil Code: failure to aid by police force
- Art. 2176 of the Civil Code: Quasi-delicts

➢ Rules on the death of the accused:

- Dies after arraignment and during the pendency of the criminal action:
- Criminal liability extinguished
- Civil liability arising from the crime is extinguished
- Independent civil action continues against the estate or legal rep of the accused

- Dies before arraignment:

- Case shall be dismissed without prejudice to any civil action the offended may file against the estate
of the deceased

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➢ What are the elements of a prejudicial question?
- There is previously instituted civil action
- Civil action involves an issue similar or intimately related to the issue raised in the subsequent
criminal action
- Resolution of such issue determines whether or not the criminal action may proceed.
➢ What is preliminary investigation?
- Inquiry or proceeding to determine whether there is ground to form a belief that a crime has been
committed and the respondent is probably guilty, and should be held for trial
- Required for an offense where the penalty is at least 4 years, 2 months and 1 day WITHOUT regard
to the fine
➢ Inquest Proceeding
- A proceeding to be made when there is a valid warrantless arrest and determines whether the person
without a warrant should be detained or released for further preliminary investigation.

➢ Who can conduct PI?

- City prosecutors and their assistants
- Provincial prosecutors and their assistants
- National and regional state prosecutors
- Office of the Ombudsman (OMB), and the Special Prosecutor (if authorized by the OMB)

➢ When warrant of arrest may issue?

- By the Regional Trial Court – Within 10 days from the filing of the complaint or
information, if the judge finds probable cause , he shall issue warrant of arrest or a
commitment order if the accused has already been arrested pursuant to a warrant
issued by the judge who conducted the preliminary investigation or when the
complaint or information was filed.
- By the Municipal Trial Court. – same as RTC.
➢ Once the information is filed in court, the RTC judge has three options:
- Dismiss the case for absence of probable cause
- Issue a warrant of arrest (or a commitment order) or
- Call for a hearing to determine probable cause

➢ When is a warrant of arrest not necessary?

- Accused is already under detention and court will issue a commitment order -
Warrantless arrest
- Offense is only penalized by fine

➢ Cases not requiring a preliminary investigation nor covered by the Rule on Summary
Procedure.
- If filed with the prosecutor. – If offense punishable by imprisonment of less than four (4)
years, two (2) months and one (1) day, Prosecutor will determine probable cause and then file
the information in court
-
- If filed with the prosecutor – If offense punishable by imprisonment of more than four
(4) years, two (2) months and one (1) day, the Prosecutor will conduct preliminary
investigation to determine a probable cause that the accused may be guilty of the
crime charged and should be held in trial.

- If filed with the Municipal Trial Court – Judge will determine probable cause and it’s in his
discretion to issue either a warrant of arrest or mere summons.

➢ There are special rules on private offenses and who can initiate them (See Rule 112, Sec 3A for public
crimes)
- Adultery/concubinage: must be by the offended spouse and must implead both the offending spouse
and his/her paramour

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- Cannot institute if the offended consented or pardoned the offenders
- Abduction, seduction, acts of lasciviousness: must be by the offended party or her parents,
grandparents, guardian, or the State
- Cannot institute if there was express pardon of any of them
Note: Minors can initiate the action themselves (especially if the offender is their relative), except
when incompetent or incapacitated)
- Defamation which consists in the imputation of any of the offenses above: must be by the
offended party
RULE 113: ARREST

➢ Arrest is the taking of a person into custody in order that he may be bound to answer for
the commission of an offense.
➢ An arrest is made by an actual restraint of a person to be arrested, or by his submission to
the custody of the person making the arrest.
➢ An arrest may be made on any day and at any time of the day or night. ➢
When can you arrest without a warrant?
- In flagrante delicto, in the presence of the peace officer or private person
- Offense has JUST been committed, and the peace officer or private person has PROBABLE
CAUSE to believe based on PERSONAL KNOWLEDGE that the person to be arrested has
committed it
- Person just escaped from confinement
- arrest by judicial bondsmen, or when the accused (on bail) attempts to depart from the country (rule
114)
➢ What is the duty of the arresting officer if the arrest is made without a warrant? -
State his authority to arrest, and
- The cause of his arrest.
➢ When is this 2-fold duty may be waived?
- Engaged in the commission of the offense
- Pursuit immediately after its commission
- Escapes, flees, or forcible resists before officer could do so
- Giving of such will imperil the arrest

RULE 114: BAIL

➢ Bail is the security given for the release of a person in custody of the law, furnished by him
or a bondsman, to guarantee his appearance before any court as required under the
conditions hereinafter specified. Bail may be given in the form of corporate surety,
property bond, cash deposit, or recognizance.

Types of bail:
o Cash bond
A judge is not allowed to receive cash for bail nor should it be kept in his office.
(Lachica v Judge Tormis, 2005).
Cash as bail must be deposited only:
= To the nearest BIR collector, or
= To the provincial, city or municipal treasurer

Accused is entitled to return of full amount if acquitted or case dismissed

o Corporate surety
- Must be accredited by the SC
- Accused pays the premium which he doesn’t get back if acquitted

o Property bond
- Accused need not be the owner of the property
- The owner must be a resident of the Philippines (IMPORTANT!)

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- To annotate, register the lien within 10 days from approval of the bond

Forfeiture: when accused fails to appear in person as required

- forfeited to the court
- Remedy: MR to reinstate the bail

Cancellation
- o Automatic when
Accused acquitted
Dismissal of case
Execution of the judgment of conviction
 - o Upon application of the bondsmen
Surrender of the accused, or
Proof of his death

➢ What are conditions of bail?

- The undertaking shall remain in force at all time until the promulgation of judgment of the RTC -
Accused shall appear in the court when he/she is ordered to do so
- Failure to appear in court without justification will be a waiver of his right to be present thereat -
Bondsman will surrender the accused to the court for execution

➢ Bail is a matter of right:

- Before conviction, whether MTC or RTC
- EXCEPT: for cases punishable by Reclusion Perpetua, Life Imprisonment or Death Penalty -
Unless evidence of guilt is not strong, then it is a matter of right
- After conviction if in the MTC or RTC for cases which have a penalty of less than 6 years

➢ Bail is a matter of discretion

- After conviction in the RTC of an offense not punishable by Reclusion Perpetua, Life
Imprisonment or Death Penalty.
- After conviction in the RTC and the court imposed a penalty of imprisonment exceeding 6 years and
not accompanied by the following instances:
- Recidivist, habitual delinquent, reiteration
- Previously escaped from legal confinement
- Committed offense while under probation/parole/pardon
- Flight-risk
- Undue risk that he may commit another crime during the pendency of the appeal - After
conviction in the RTC and the court imposed a penalty of imprisonment less than 6 years and
accompanied by the mentioned instances above.

➢ Prosecution has burden of proof to show strong evidence of guilt during bail hearings involving
capital offenses and RP/LI.
➢ A hearing on application for bail is MANDATORY.

➢ Where do you file bail?

- If arrested in the place where the case is pending:
- In that court; If judge of said court is absent or unavailable: with any judge in the province, city or
municipality
- If place of arrest is different from where case is pending:
- In the court where the case is pending
- In the RTC where accused was arrested
- If no RTC judge: then MTC judge

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(Records will be sent to where case is pending and judge where case is pending can choose to
accept it or require a new bail (Sec 19)
- If there is a case pending but no arrest yet (meaning, accused voluntarily surrenders) -
Only where the case is pending
-
➢ The judge who issued the warrant or granted the application for bail shall fix a
reasonable amount of bail considering primarily, but not limited to, the following
factors:
(a) Financial liability of the accused to give bail;
(b) Nature and circumstance of the offense;
(c) Penalty for the offense charged;
(d) Character and reputation of the accused;
(e) Age and health of the accused;
 (f) Weight of the evidence against the accused;
(g) Probability of the accused appearing at the trial;
(h) Forfeiture of other bail;
(i) The fact that the accused was a fugitive from justice when arrested; and (j)
Pendency of other cases where the accused is on bail.

RULE 115: Rights of the Accused

- To be presumed innocent until the contrary is proved beyond reasonable doubt. - To

be informed of the nature and cause of the accusation against him. - To be present and
defend in person and by counsel at every stage of the proceedings, from arraignment
to promulgation of the judgment.
- To testify as a witness in his own behalf but subject to cross-examination on matters
covered by direct examination. His silence shall not in any manner prejudice him. - To be
exempt from being compelled to be a witness against himself. - To confront and cross-
examine the witnesses against him at the trial. - To have compulsory process issued to
secure the attendance of witnesses and production of other evidence in his behalf.
- To have speedy, impartial and public trial.
- To appeal in all cases allowed and in the manner prescribed by law.

➢ When can a counsel de officio be appointed?

- During arraignment (MANDATORY on the court)
- During trial (not mandatory on the court)
- Before records are elected on appeal
- In the Court of Appeals: when the accused signed his appeal by himself or if he is in prison

➢ Counsel must be INDEPENDENT counsel. Hence, not:

- Legal officer of the city
- Public or private prosecutor
- Counsel for the police
- Municipal attorney

➢ What are the two rights when it comes speed?

- Right to speedy trial (criminal)
- In criminal law, the right to speedy trial can be invoked anytime before trial
Remedy: motion to dismiss on ground of violation of right to speedy trial39 (which results in an
acquittal)
- Speedy disposition of the case (constitution)
- In constitutional law, it can be invoked any time as long as the action is pending
Remedy: habeas corpus (since detention has no more legal basis)

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➢ The accused can apply for subpoena ad testificandum and duces tecum
- He can also avail of the modes of discovery found in Rule 119, Secs 12, 13, 15 (conditional
examination of witnesses for the prosecution/accused)
- Witnesses for accused, purposes: Sick or infirm or unavailable, or Lives more than 100 km from
court
- Where can you apply? Before ANY judge, member of the bar in good standing (if judge not
available), or before any inferior court (upon order of a superior court)

- Witnesses for prosecution:

- Sick, infirm, or unavailable, or Witness is about to depart
- Where? ONLY in the court where the action is pending

➢ General Rule: Trial should be public

EXCEPT: when the proceedings or the subject matter of the trial is offensive decency/public
morals