CRIMINAL PROCEDURE
The running of the period for
PCOL ROMEO L OGOY
MONDAY PM
110-112 coverage
PT/WW on Monday
3 GROUPS
TRUE OR FALSE
1. Is criminal jurisdiction of appropriate court conferred by the
agreement of the parties? F (jurisdiction of the court id
conferred by the constitution or by law)
2. Authority to try/hear case and impose penalty is referring to
the jurisdiction of the court? T
3. Acquiring jurisdiction over the person of the accused is only
limited to an actual arrest? F (it can also be acquired by
voluntary subm,ission to the court’s jurisdiction through
filing pleadings and asking for an affirmative relief)
4. Under BP Blg. 129, criminal offense with prescribed penalty of
not exceeding 6 years of imprisonment falls within the
jurisdiction of RTC.
F (jurisdiction is vested in the 1st level court- MTC, MeTC,
MCTC, MTCC)
5. Jurisdiction of court is determined by designation of the
offense? F (Jurisdiction is determined by allegtions of the
complaint or information)
6. Conduct of Preliminary Investigation is required if the penalty
to the offense charged is at least 4 years, 2 months and 1
day? T
7. Preliminary Investigation by investigating prosecutor is for
purpose of filing information in court considered as judicial
function? F
8. Determination of probable cause in course of Preliminary
Investigation refers to facts & circumstances considered as
sufficient ground to engender a well-founded belief that
respondent is guilty. T
9. The judge determines probable cause upon filing of
information in court for purpose of issuing warrant of arrst, or
commitment order, if accused already arrested or under
custody? T
10. Can the municipal judge still conduct preliminary
investigation? F (As amended by A.M. No. 05-8-26-SC,
October 3, 2005, Municipal judge is no longer included as
among those officers who can conduct PI)
11. One information must contain one offense? T
12. After released on bail, can an accused waive his right to be
present during arraignment? F (He must be present because
of the constitutional requirement that he must be
personally informed of the nature and cause of
accusation against him as well as to observe the right of
the accused as provided for the rules.)
13. Can a private lawyer or private prosecutor intervene on the
criminal aspect of case? F (Criminal case is a crime against
the state that can be prosecuted by the Public Prosecutor
or under the direct supervision or control by Public
Prosecutor. The private prosecutor may intervene in so
far as the civil aspect for the recovery of the civil liability
but same must be with written authority from the chief,
prosecution office and with approval by the court.
14. The offended part files criminal complaint for violation of BP
Blg. 22. Can he make reservation to file separate civil action?
F 20.
15. Can municipal judge issue summons instead of warrant of
arrest? T
IDENTIFICATION
1. It is an inquiry or proceedings, the purpose of which is to
determine probable cause that would engender the well-
founded belief that crime has been committed and the person
is probably guilty thereof and shall be held for trial?
Preliminary Investigation.
2. What is the penalty attached to the offense charge which does
not require PI? Below 4 years 2 months and 1 day of
imprisonment.
3. When a person is validly without arrest warrant under
inflagrante delicto, what is the proceeding conducted instead
of preliminary investigation before the filing of information in
court? Inquest Proceeding
4. It is a sworn written statement charging a person of the
offense committed subscribed by the offended party, peace
officer, or public officer charged with the violation of the law?
Complaint
5. What kind of crimes that cannot be prosecuted de oficio
unless complaint is signed/ filed by the offended party himself/
herself? Private Crimes
6. Officer who can file information in court? Prosecutor
7. What is the effect of instituting or filing complaint or
information for the conduct of preliminary unless special law
provides otherwise?
prescription of crime is tolled or interrupted.
8. In violation of City/ Municipal Ordinance governed by the
Rules on Summary Procedure, when is the running of
prescription of offense interrupted/ toiled? Upon institution of
the criminal action in a judicial proceeding or in the court
and not in the prosecutor’s office.
9. Upon learning by the accused that information for homicide
was filed against him without the requisite P.I. how many days
that he can invoke P.I. as a matter of right? Within 5 days
from learning that information was filed against him.
10. Before the filing of information, the assailant was arrested
inflagrante delicto and placed under custody. What is required
from him to sign in the presence of his counsel so that he be
accorded the right to a Preliminary Investigation? He will be
required to sign a waiver of the provision under Article
125 of the RPC.
11. Person criminality liable shall also be civilly liable under Article
100, RPC. What is the source of such civil liability? Civil
liability arising from the crime or from the offense
charged or from the delict or ex delicto crime.
12. An accusation in writing subscribed by the Prosecutor is called
what? Information
13. Article 32,33,34 and 2176 of the Civil Code provide bases for
claiming civil liability in the prosecution of criminal cases. What
do you call that kind or civil actions? Independent Civil
Action.
14. The offended party in the crime of serious Physical injury can
institute civil action arising from the offense charged together
with the criminal case and at the same time institute civil
action under. Article 33 of the civil code being allowed by the
rules. However, there is a prohibition or limitation imposed by
the rules. What is that prohibition? Double Recovery of
Claims
15. After arraignment and plea during pendency of the trial,
accused died. What happened to the criminal liability and the
civil liability of case deemed instituted with the criminal case?
Criminal liability is extinguished together with the civil
liability arising from the offense charged due to the death
of the accused.
16. Before arraignment and Plea, with the same facts that
accused died, what happens to the civil liability arising from
crime? It survives and the claim can be proceeded against
the estate of the decedent.
17. What stage of the proceedings that accused was furnished
with an information and the reading of the nature and cause of
accusation or the acts or omissions against him?
Arraignment
18. Amendment or substitution of complaint or information can be
done as a matter of right and even without leave of court
before accused enters his plea. What kind of amendment or
substitution is allowed by the rules? As to forms and
substance.
19. When there is mistake in the complaint or information charging
the offense and it appears on records that accused cannot be
convicted of the offense charged, the court shall dismiss the
original complaint or information. When does the court or in
what point of time that the court shall dismiss the original
complaint or information? Upon filing of the new
information charging the proper offense provided it shall
not cause prejudice or place the accused in double
jeopardy
What is required before the investigating prosecutor can file or
dismiss the case after the conduct or the Preliminary
Investigation? Upon written authority/ approval by the City/
provincial prosecutor or Chief State Prosecutor.
ENUMERATIONS
Who can conduct Preliminary Investigation?
1. Provincial/City Prosecutors and their assistants
2. National/ Regional State Prosecutors
3. Other Officers authorized by law
Who are those other officers authorized by law to conduct Preliminary
Investigation?
4. Ombudsman and his deputies
5. Comelec, its legal officers who are members of the bar
6. Special Prosecutors appointed or designated by the SOI
What are the three jurisdictional requirements in criminal cases?
7. Jurisdiction over the subject matter/ offense
8. Jurisdiction over the person of the accused
9. Jurisdiction over the territory where the crime of any of its
essential ingredient was committed.
Persons who can determine probable cause?
10. Prosecutor during PI for filing information
11. Judge for issuance of arrest warrant
 12. Peace officer or any citizen under valid warrantless arrest,
section 5(b), Rule 113
13. Special Prosecutor designated by the secretary DOJ

What are the elements for sufficiency of complaint or information?

14. Name of the accused
15. Name of the offended party
16. Designation of the offense given by the stature
17. Acts or omission constituting an offense
18. Approximate date or time in the commission of the crime
19. Place of the commission of an Offense

What are the requirements for amendment before plea that downgrade
the offense charge or exclude any accused from the complaint or
information?
20. Motion by the prosecutor
21. With Notice to offended Party
22. With leave of court
23. Court shall state the reasons in resolving the motion furnishing
the copies to all parties especially the offended party.

What are the exceptions that civil action for recovery of civil liability
arising from the offense charged shall be deemed instituted with the
criminal actions?
24. Offended party reserves the right to file separate civil action
25. Waives the right to recover civil liability
26. Prior filing of the civil action before criminal action is filed.

What are the elements of prejudicial questions?

27. There two pending cases, one is criminal and the other is civil
28. Civil case was filed first than the criminal case
29. The issues in the civil case and the criminal case are closely
similar or intimately related with each other.
30. Resolution of the issues in civil case are determinative
whether the criminal action shall proceed or determinative as
to the guilt or innocence of the accused.

ESSAY

1) Concepts/ procedures in the prosecution of criminal offenses.

a) Offenses with imposable penalty of at least 4 years 2
months 1 day
b) Offenses with imposable penalty of less than 4 years 2
months and 1 day
c) Person arrested under Inflagrante Delicto or caught in
the act
2) State briefly the procedural steps in the conduct of regular
Preliminary investigation.
3) Mr. X with intent to kill stabbed Mr. A. The former was charged
for Frustrated murder. While pending trial, the victim Mr. A died
in the hospital. It appears that Mr. X can no longer be
convicted of the Offense Charge and so the Prosecution
amended/substituted the complaint or information from
frustrated murder to Murder even without leave of court. Is the
amendment or substitution still a matter of right? What would
be the proper action of the court on the amended complaint or
information? (5 points)
4) Juan and Juana are married couple together with another
couple Mario and Maria as they are all friends "kumaries and
kumpadries" went to Boracay for a one- week vacation. Juan
and Maria developed an illicit relationship knowing each other
as married. One night, they were caught in the alt of sexual
congress by Juana, the wife Juan. Can Juana file adultery
against her kumarie Maria alone? (5points)
5) Suppose Juana has included her husband Juan in her
complaint for adultery against Maria being both the guilty
parties, shall her complaint prosper? (5 points)