Criminal Procedure – is the method prescribed by law for the apprehension and prosecution of persons accused of any criminal

offense and for their punishment, in case of conviction.

Criminal jurisdiction - is the authority of the court to hear and try a particular offense and to impose punishment provided by
law

What if the offense is committed in transit, where should the case be filed?

 The theory is that a person charged with a transitory offense may be tried in any jurisdiction where the offense is in
part committed. In transitory or continuing offenses in which some acts material and essential to the crime and
requisite to its consummation occur in one province and some in another, the court of either province has jurisdiction
to try the case, it being understood that the first court taking cognizance of the case will exclude the others. [ G.R. No.
212448. January 11, 2018)

`Jurisdiction over the person of the accused is acquired either by:

a. The arrest of the accused, either by virtue of a warrant of arrest or by a warrantless arrest; or

b. The voluntary surrender or appearance of his/her person to the authorities or the court. Such appearance is accomplished by
appearing for arraignment. (Fiscal Celso M. Gimenez and Federico R. Mercado vs. Ramon E. Nazareno, Presiding Judge, Court of
First Instance of Cebu and Teodoro De la Vega, Jr. G.R. L37933, April 15, 1988, En Banc.

c. Seeking affirmative relief by filing his Motion for re-determination of probable cause (Renato M. David vs. Editha A. Agboy
and People of the Philippines, GR no. 199113, March 18, 2015

Venue - is defined as the place , site or territory where the crime was committed. The court cannot take cognizance of an
offense which was not committed over its territorial jurisdiction.

The two-fold nature of venue in criminal case.

Venue determines the place where the criminal action is to be instituted. (Prosecutors office)
Venue determines also the court which has the jurisdiction to try and hear the criminal case. ( Court)

Importance of venue in criminal cases.

Venue is an essential element of jurisdiction in criminal cases. It determines not only the place where
the criminal action is to be instituted, but also the court that has the jurisdiction to try and hear the case.
Finding of improper venue in criminal cases may dismiss the criminal case.

In Isip vs. People, G.R no. 170298, June 26, 2007, 525 SCRA, 735, the court explained:
The place where the crime was committed determines not only the venue of the action but is an
essential elements of jurisdiction. It is a fundamental rule that for jurisdiction to be acquired by courts in
criminal cases, the offense should have been committed or any one of its essential ingredients should
have taken place within the territotial jurisdiction of the court.

Sec. 15 (a), Rule 110 of the Revised Rules of Criminal Procedure provides:
Subject to existing laws, the criminal action shall be instituted and tried in court or municipality or
territory where the offense was committed or where any of its essential ingredients occurred..
locus criminis – means the place where a crime happened)

Venue in criminal case is jurisdictional. It cannot be waived, or changed by agreement of the parties or by the consent of the
defendant,

Exceptions to the rule of venue:

Felonies under Art. 2 of the revised penal code.
Complex crimes. Where the crime charged is a complex crime, the RTC of any province in which any
one of its essential elements of such complex crime had been committed has to take cognizance of the
offense.
Continuing offense- is one where the elements of which occurs in several places (unlike a local offense –
one which is fully consummated in one place. The venue is the place where one of its essential elements
was consummated.
Piracy- The venue of piracy, unlike all other crimes, has no territorial limits.

Different types of jurisdiction of the courts

1. Territorial

2. Personal

3. Subject matter

Territorial- The territorial division refers to the geographical area where a court has power.

When a crime is committed say in Gensan, therefore the court of Gensan has the jurisdiction to hear and try the case
because it happens to its territory.
Personal- in criminal case, it requires that a case be tried in an area where the defendant either resides or has some ties.

Example:

Arwin, a resident of Gensan was physically assaulted by Ramon, a resident of Maitum. The incident happened in
Gensan. Hence, Arwin shall file the criminal case against Ramon in Gensan.

Subject matter - the final major division, refers to the type of court with the authority to hear a case.

Example: If the case is annulment of marriage, the family court assigned by the Supreme Court shall be the one to hear the
case and not in any court.

The three systems of criminal procedure

1. Inquisitorial – the detection and prosecution of offenders are not left to the initiative of private parties but to the officials and
agents of the law. Resort is made to secret inquiry to discover the culprit, violence and torture employed to extract confessions.
The judge is not limited to the evidence brought before him but could proceed with his own inquiry which was not tackled.

2. Accusatorial- The accusation is exercised by every citizen or by a member of the group to which the injured party belongs. As
the action is a legal battle between the parties, the offender has the right to confront the accuser or the offended party. The
essence of the accusatorial system is the right to be presumed innocent. To overcome the presumption, the prosecution must
establish the guilt of the culprit/accused beyond reasonable doubt.

3. Mixed – This is a combination of the good features of the inquisitorial and accusatorial systems. The detection and
prosecution of offenders are not left to the initiative of private parties but to the officials and agents of the law as well who are
conducting secret inquiry to discover the culprit.

Example: the police officers are conducting surveillance and then to secure a search warrant. The mixed system also recognized
the right of the accused to be presumed innocent.

The different courts in the Philippines

First level.

MTC - Municipal Trial Court - first level court in each Municipality

MeTC- Metropolitan Trial Courts- are first level courts in Metro Manila

MCTC- Municipal Circuit Trial Courts - are first level courts in two or more municipalities

MTCC- Municipal Trial Court in Cities- are first level courts in each city outside Metro Manila.

Sharia’h Court- is an specialized court that apply Muslim law to personal legal matters for Muslims.

Second Level Court

RTC- Regional Trial Court

Third Level Court (Appellate Court)

Court of Appeals

Composition of the Court. — Unless otherwise provided by law, the Court of Appeals shall be composed of a Presiding Justices
and sixty-eight (68) Associate Justices who shall sit in twenty-three (23) Divisions of three (3) Justices each. The members of the
Court are classified into three (3) groups according to their seniority or precedence. The Twenty-three most senior members
shall be the Chairmen of the Divisions unless any them declines in writing to be the Chairman of a Division, in which case the
senior member next-in-rank and willing shall be designated by the Presiding Justice as Chairman of said Division. The Twenty-
three (23) members next in precedence shall compose the senior members of the Divisions and the rest shall be junior
members.

The highest level court- Supreme Court

The Supreme Court under the present Constitution is composed of a Chief Justice and 14 Associate Justices. It may sit en banc or
in its discretion, in divisions of three, five, or seven Members. Any vacancy shall be filled within ninety days from the occurrence
thereof. (Section 4[1], Article VIII, 1987 Constitution).

Sandiganbayan

1973 and 1987 Philippine Constitution

SEC. 5. The Batasang Pambansa shall create a special court, to be known as Sandiganbayan, which shall have
jurisdiction over criminal and civil cases involving graft and corrupt practices and such other offenses committed by
public officers and employees, including those in government-owned or controlled corporations, in relation to their
office as may be determined by law. (Art. XIII), 1973 Constitution

1. Sandiganbayan- for government officials with a salary grade of 27 and above, in violation of Anti-graft and
corrupt practices act. (R.A. no. 3019) and plunder (R.A 7080 , as amended)

- for AFP- from rank of Colonel and higher

- for PNP – from rank of Colonel and higher
PROSECUTION OF OFFENSES

1. By the filing of 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.

Where to file a complaint.

(a). For offenses where a preliminary investigation is required pursuant to section 1 of Rule 112, by filing the complaint with the
proper officer for the purpose of conducting the requisite preliminary investigation.

Note: Section 1, Rule 112 pertains to the requirement of the conduct of preliminary investigation for an offense where the
penalty prescribed by law is at least 4 years, two (2) months and one (I) day without regard to the fine. (RTC)

b) For all offenses, by filing the complaint or information directly with the Municipal Trial Courts and Municipal Circuit Trial
Courts, or the complaint with the office of the prosecutor. In Manila and other chartered cities, the complaint shall be filed with
the office of the prosecutor unless otherwise provided in other charters. (for offenses where the penalty prescribed by law is
below 4 years.

Two classifications of complaint.

1. Complaint subject for preliminary investigation (carries a penalty of 4 years, two (2) months and one (1) day
2. Complaint not subject for preliminary investigation ( carries a penalty less than 4 years, two (2) months) and one
(1) day

TWO WAYS IN FILING A COMPLAINT.

1. Regular filing – its purpose is to conduct preliminary investigation

2. Direct filing - or called inquest proceeding.

Inquest is defined as an informal and summary investigation conducted by a public prosecutor in criminal
cases involving persons arrested and detained without the benefit of a warrant of arrest issued by the court.
The inquest serves to determine whether said persons should remain under custody and correspondingly be
charged in court. Because it is summary in nature and owing to the attendant risk of running against the
periods under which detained persons must be delivered to the proper judicial authorities, an inquest usually
ends with either the prompt filing of an information in court or the immediate release of the arrested person
(Leviste vs Alameda, G.R. 182677, 3 August 2010)

Information defined – An information is an accusation in writing charging a person with a offense, subscribed by the prosecutor
and filed with the court.

Examples of cases that is commenced by complaint and subscribed by the offended party, or called Private Cases

Keyword: CASADA

C- concubinage

A- adultery

S- seduction

A- Abduction

D- defamation or libel

A- Acts of lasciviousness

The complaint or information is sufficient if it states the following:

1. the name of the accused, any appellation or nickname. An error in the name of the accused is not reversible as long as his
identity is sufficiently established and the defect is curable at any stage of the proceedings as the insertion of the real name of
the accused is merely a matter of form;

2. The designation of the offense given by the statute;

3. The acts or omissions complained of as constituting the offense;

4. The name of the offended party;

5. The approximate date of the commission of the offense ; and

6. The place where the offense was committed.

PROSECUTION OF CIVIL ACTION

Institution of criminal and civil action.- (a) When a criminal action is instituted, the civil action for the recovery of civil liability
arising from the offense charged shall be deemed instituted with the criminal action unless the offended party waives the civil
action, reserves the right to instituted it separately or institutes the civil action prior to the criminal action. (Section 1, Rule 111,
Rules of Court)

What are the civil liabilities that can be instituted?

WHAT CONSTITUTES CIVIL LIABILITY?`

> According to Article 104 of the RPC, civil liability includes restitution, reparation, and indemnification for

consequential damages.

Different kind of damages

complaint or information also seeks to recovered liquidated, moral, nominal, temperate or exemplary damages

1. Liquidated damages
also referred to as liquidated and ascertained damages (LADs), are damages whose amount the parties
designate during the formation of a contract for the injured party to collect as compensation upon a specific
breach (e.g., late performance

2. Moral damages

Article 2217 of the Civil Code of the Philippines refer to moral damages as "physical suffering, mental anguish, fright,
serious anxiety, besmirched reputation, wounded feeling
3. Nominal damages - a small sum of money awarded as damages to someone who has suffered a legal
wrong but no actual financial losses
4. Temperate or moderate damages - are a form of compensation awarded when actual damages cannot be
precisely determined or proved
5. Exemplary damages- is an award given to victims when the conduct of the individual who caused the victim
harm is willfully malicious, violent, oppressive, fraudulent, wanton, or grossly reckless.
6. Compensatory damages - the amount of money awarded to a party in compensation for actual economic
loss, property damage, or injury,

Prejudicial question – is that which arises in a case for the resolution of which is the logical antecedent of the
issue involved therein, and the cognizance of which pertains to another tribunal. It must be determinative of the
case before the court, but the jurisdiction to try and resolve the question must be lodged in another court or
tribunal. The rationale behind this rule is to avoid two conflicting decisions.

Preliminary investigation - is an inquiry or proceeding to determine whether there is sufficient ground to

engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof,
and should be held for trial.

PROCEDURE IN PRELIMINARY INVESTIGATION

1. Within ten (10) days after the filing of the complaint , the investigating officer shall either dismiss it if he finds no
ground to continue with investigation, or issue a subpoena to the respondent attaching to it a copy of the complainant
and its supporting documents

2. Within ten (10) days from receipt of subpoena, the respondent shall submit counter-affidavit and that of his witnesses.

3. Within ten (10) days from the submission of counter-affidavits and other documents the investigating officer shall
conduct a hearing if there are facts and issues to be clarified.

4. Within ten (10) days after the investigation , the investigating officer shall determine whether or not there is sufficient
ground to hold the respondent for trial.

5. Within five (5) days from his resolution, he shall forward the record of the case to the provincial or city prosecutor or
chief state prosecutor, or to the Ombudsman or his deputy in cases of offenses cognizable by the Sandiganbayan in its
original jurisdiction. The said officers shall act on the resolution within ten (10) days from their receipt thereof and
shall inform the parties about their action.
 Purpose of preliminary investigation is to determine whether a probable cause exist or do not exist. This determination of
probable cause by the prosecutor is within his executive function

Probable cause- is defined as the existence of such facts and circumstances as would excite the belief, in a reasonable mind,
acting on the facts within the knowledge of the prosecutor, that the person charged was guilty of the crime for which he was
prosecuted. (Schroeder vs. Saldevar, 522 SCRA 624)

Within ten (10) days from the filing of the complaint or information, the judge shall personally evaluate the resolution of the
prosecutor. If he finds probable cause, he will issue a warrant of arrest. He if he found no probable cause, he will dismiss the
case.

The determination of probable cause by the judge is within his judicial function

Arrest- is the taking of a person into custody in order to be bound to answer the crime he committed.

An arrest warrant- is a document issued by a judge or magistrate that authorizes the police to take someone accused of a
crime into custody

Requisites:
1. signed by the judge
2. after the determination of probable cause
3. properly describing the place, the things or the person to be searched or to be seized

Types of arrest.

Arrest with warrant

Arrest without warrant (warrantless arrest)

when arrest without warrant is lawful? (Rule 113, section 5)

a. caught in the act (in flagrante delicto)
b. hot pursuit
c. escape from penal institution

Rule 114.
Bail – is the temporary release of an accused person awaiting trial, sometimes on condition that a sum of money be lodged to
guarantee their appearance in court.
- is the conditional release of a defendant with the promise to appear in court when required.
The Four Most Common Types of Bail Bonds:
 Cash Bond. For a cash bond, hard cash is paid for the full amount of bail. ...
 Surety Bond. The safest and easiest method for jail release is a surety bond (also referred to as a “bail bond”). ...
 Personal Bonds. ...
 Property Bond
Who are entitled to bail?
- those whose offenses is punishable by less than a penalty of prision mayor.
B. RIGHTS TO BAIL (Sec 13, Art. III, 1987 Constitution)
Sec, 13. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is
strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance even when the privilege of the
writ habeas corpus is suspended. Excessive bail shall not be required.

What is meant by release on recognizance?

In criminal law
1. An individual who was found guilty of an offense can be mandated to enter into recognizance whereby he agrees to
keep the peace in the future.
(Ex. probation)
2. An individual who has been accused but not yet convicted by a criminal offense maybe allowed to go free prior to
the trial being required to post a bail bond.
What are the offenses covered by recognizance?
1. violation of an ordinance
2. committed a light felony of criminal offense with a penalty not to exceed 6 months of imprisonment or a fine of 2,000
under RA 6036

Recognizance - is defined as an obligation of record, entered by law or these Rules, the court ay release a person in custody on
his own recognizance, or that of a responsible person

When bail is a matter of right.

Sec. 4. Bail, a matter of right; exception.- All person in custody shall be admitted to bail as a matter of right, with sufficient
sureties, or released on recognizance as prescribed by law or this Rule (a) before or after conviction by the Metropolitan Trial
Court, Municipal Trial Court, Municipal Trial Court in Cities, or Municipal Trial Court of an offense not punishable by death,
reclusion perpetua, or life imprisonment.

When bail is discretionary.

Bail is discretionary upon conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua, or
life imprisonment, admission of bail is discretionary.
If the penalty prescribed by the trial court is imprisonment exceeding six (6) years, the accused shall be denied bail or his bail
shall be cancelled upon a showing by the prosecution, with notice to the accused , of the following circumstances:
(a) That he is a recidivist, quasi-recidivist, or habitual delinquent, or has committed the crime aggravated by the
circumstance of reiteration;
(b) That has previously escaped from legal confinement, evaded sentence, or violated the condition of his bail without
valid justification.
(c) That he committed the offense while under probation, parole or conditional pardon;
(d) That the circumstances of his case indicate the probability of flight if released on bail; or
(e) That there is undue risk that he may commit another crime during the pendency of the appeal.
Capital offense- is an offense which, under the law existing at the time of the commission of an offense and of the
application for admission to bail may be punished with dealt.

KATARUNGANG PAMBARANGAY

RA 7160 (otherwise known as the Local Government Code of 1991) CHAPTER 7 • KATARUNGANG PAMBARANGAY SEC.
399. LUPONG TAGAPAMAYAPA

Katarungang Pambarangay, or the Barangay Justice System - is a local justice system in the Philippines. It is
operated by the smallest of the local government units, the barangay, and is overseen by the barangay captain, the
highest elected official of the barangay and its executive.[1] The barangay captain sits on the Lupon
Tagapamayapa along with other barangay residents, which is the committee that decides disputes and other
matters. They do not constitute a court as they do not have judicial powers.

ACCEPTED CASES UNDER KATARUNGANG PAMBARANGAY

All disputes, civil and criminal in nature where parties actually reside in the same city or municipality are subjected to
proceedings of amicable settlement. There are cases that fall under our jurisdiction.

IT IS VERY IMPORTANT TO NOTE THAT NO INDIVIDUAL CAN GO DIRECTLY TO COURT OR ANY

GOVERNMENT OFFICE FOR ADJUDICATION OF HIS/HER DISPUTE WITH ANOTHER INDIVIDUAL
ESPECIALLY IF THE MATTER IS WITHIN BARANGAY JURISDICTION.

Any Anti-Sexual Harassment Enforcer (ASHE), Anti-Sexual Harassment Officer (ASHO), security guard, or any other officer or
person who receives a complaint for sexual harassment shall refer the complaint to the lupong tagapamayapa if the same falls
strictly within the coverage of the katarungang pambarangay. The first- and second-time offenses of the following acts of sexual
harassment, found in Section 11 (a) of the Safe Spaces Act, are covered by the katarungang pambarangay: a. cursing, b. wolf-
whistling, c. catcalling, d. leering and intrusive gazing, e. taunting, f. pursing, g. unwanted invitations, h. misogynistic,
transphobic, homophobic, and sexist slurs, i. persistent unwanted comments on one's appearance, j. relentless requests for
one's personal details such as name, contact and social media details or destination, k. the use of words, gestures or actions that
ridicule on the basis of sex, gender or sexual orientation, identity and/or expression including sexist, homophobic, and
transphobic statements and slurs, l. the persistent telling of sexual jokes, m. use of sexual names, comments and demands, and
n. any statement that has made an invasion on a person's personal space or threatens the person's sense of personal safety.

NOT COVERED

The following cases of sexual harassment are not covered by the katarungang pambarangay and shall be referred to the local
PNP women and children’s desk or to the proper officer or court for appropriate action: a. Offenses under the Anti-Sexual
Harassment Act of 1995; b. Offenses under the Safe Spaces Act, other than the first and second offenses in Section 11 (a) of the
Act; c. Offenses under the Anti-Violence Against Women and their Children Act, the AntiPhoto and Video Voyeurism Act, the
Anti-Child Pornography Act, the Special ANNEX 8 2 Protection of Children Against Abuse, Exploitation, and Discrimination Act,
and the Anti-Trafficking in Persons Act; d. Violations of ordinances punishable by imprisonment exceeding one year or a fine
exceeding P5,000.00; e. Where one party is a public officer or employee, and the dispute relates to the performance of his
official functions; f. Disputes involving parties who actually reside in barangays of different cities or municipalities, except where
such barangay units adjoin each other and the parties thereto agree to submit their differences to amicable settlement by an
appropriate lupon; g. Other cases not covered by the katarungang pambarangay under the Local Government Code and other
relevant laws, rules, and regulations.

When parties may go directly to court No complaint or action regarding any offense under the Safe Spaces Act that is covered by
the katarungang pambarangay shall be filed or instituted directly in court, except in the following instances1 : a. where the
complainant secures a Certificate to File Action issued by the secretary of the lupong tagapamayapa or the pangkat ng
tagapagkasundo and attested to by the lupon or pangkat chairperson; b. where the accused is under detention; c. where a
person has otherwise been deprived of personal liberty calling for habeas corpus proceedings; d. where actions are coupled
with provisional remedies such as preliminary injunction, attachment, delivery of personal property and support pendente lite;
and e. where the action may otherwise be barred by the statute of limitations. Conciliation among members of indigenous
cultural communities The customs and traditions of indigenous cultural communities shall be applied in settling disputes
between members of the cultural communities.

Except when the parties personally confronted each other and settle their dispute. But if not, they should go through the
conciliatory proceedings OR ELSE THE COURTS CAN SIMPLY DISMISS FOR LACK OF CAUSE OF ACTION OR
PREMATURITY.
Criminal offense covered by Katarungang Pambarangay Law (penalty not exceeding one (1) year)

- Unlawful use of means of publication and unlawful utterances (art. 154);

- Alarms and scandals (art. 155);
- Using false certificates (art. 175);
- Using fictitious names and concealing true names (art. 178);
- Illegal use of uniforms and insignias (art. 179);
- Physical injuries inflicted in a tumultuous affray (art. 252);
- Giving assistance to consummated suicide (art. 253);

- Responsibility of participants in a duel if only physical injuries are

inflicted or no physical injuries have been inflicted (art. 260);
- Less serious physical injuries (art. 265);
- Slight physical injuries and maltreatment (art. 266);
- Unlawful arrest (art. 269);
- Inducing a minor to abandon his/her home (art. 271);
- Abandonment of a person in danger and abandonment of one’s
own victim (art. 275);
- Abandoning a minor (a child under seven [7] years old) (art. 276);
- Abandonment of a minor by persons entrusted with his/her
custody;
- Indifference of parents (art. 277);
- Qualified tresspass to dwelling (without the use of violence and
intimidation). (art. 280);
- Other forms of tresspass (art. 281);
- Light threats (art. 283);
- Other light threats (art. 285);
- Grave coercion (art. 286);
- Light coercion (art. 287);
- Other similar coercions (compulsory purchase of merchandise and
payment of wages by means of tokens). (art. 288);
- Formation, maintenance and prohibition of combination of capital
Por labor through violence or threats (art. 289);
- Discovering secrets through seizure and correspondence (art. 290);
- Revealing secrets with abuse of authority (art. 291);
- Theft (if the value of the property stolen does not exceed p50.00). (art. 309);
- Qualified theft (if the amount does not exceed p500). (art. 310);
- Occupation of real property or usurpation of real rights in property (art 312);
- Altering boundaries or landmarks (art. 313);
- Swindling or estafa (if the amount does not exceed p200.00). (art. 315);
- Other forms of swindling (art. 316);
- Swindling a minor (art. 317);
- Other deceits (art. 318);
- Removal, sale or pledge of mortgaged property (art. 319);
- Special cases of malicious mischief (if the value of the damaged
property does not exceed p1,000.00). (art 328);
- Other mischiefs (if the value of the damaged property does not
exceed p1,000.00). (art. 329);
- Simple seduction (art. 338);
- Acts of lasciviousness with the consent of the offended party (art 339);
- Threatening to publish and offer to prevent such publication for compensation (art. 356);
- Prohibiting publication of acts referred to in the course of official
proceedings (art. 357);
- Incriminating innocent persons (art. 363);
- Intriguing against honor (art. 364);
- Issuing checks without sufficient funds (bp 22);
- Fencing of stolen properties if the property involved is not more
than p50.00 (pd 1612)
`