CRIMINAL PROCEDURE AND COURT TESTIMONY MANTE, K.

I
Jurisdiction over the subject matter –
CRIMINAL PROCEDURE the authority of the court to hear and
determine a particular criminal case.
General Concepts.

Criminal procedure is a “generic term to It is conferred by law and any judgment,

describe the network of laws and rules
which governs the procedural
administration of justice.”
Criminal procedure, therefore, has the
ultimate goal of harmonizing the
governmental functions of maintaining
peace and order and protecting the
constitutional rights of its citizens.
Accusatorial and
System.
Accusatorial or adversarial – it
contemplates two contending parties
before the court which hears them
impartially and renders judgment only
after trial.
Inquisitorial – the court plays a very
active role and is not limited to the
evidence presented before it. Here, the
judge steer the course of the proceedings
by directing and supervising of the
witnesses to the case. Thus, the counsel
in the inquisitorial system have less active
role than they have in the adversarial
system.
Our courts follow the adversarial system.
Criminal Jurisdiction.
Jurisdiction is defined as the power of the
court to hear and decide cases (Herrera v.
Barreto, 25 Phil. 33) and to execute the
judgment thereon. (Echegaray v.
Secretary of Justice, 301 SCRA 96)
Criminal jurisdiction is the authority to
hear and try a particular offense and
impose the punishment for it. (Antiporda,
Jr. v. Garchitorena, 321 SCRA 551, 558)
order or resolution issued without it is void
and cannot be given any effect.
Jurisdiction over the person of the
accused – acquired upon his arrest or
apprehension, with or without a warrant,
or his voluntary appearance or submission
to the jurisdiction of the court.
EXC: Special appearance in the court
Inquisitorial questioning the jurisdiction of the court. It
does not deem the party to have
submitted jurisdiction.
Objections on jurisdictional grounds.
It must be raised or considered motu
proprio by the court at any stage of the
proceedings or an appeal.
Take note:
1. A party cannot invoke the
jurisdiction of the court to secure
affirmative relief against his
opponent and after obtaining or
failing to obtain such relief,
repudiate or questions that same
jurisdiction;
2. After voluntarily submitting a cause
and encountering an adverse
decision on the merits, its too late
for the loser to question the
jurisdiction or power of the court;
3. Sound policy bars one from doing so
after their having procured that
jurisdiction, speculating on the
fortunes of litigation.
CRIMINAL JURISDICTION OF
COURTS.

Requisites for the exercise of criminal MUNICIPAL TRIAL COURT,

jurisdiction: MUNICIPAL CIRCUIT TRIAL
COURT, and METROPOLITAN
1. Jurisdiction over the subject matter; TRIAL COURT
2. Jurisdiction over the territory; and
3. Jurisdiction over the person of the
accused. Except in cases falling within the

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CRIMINAL PROCEDURE AND COURT TESTIMONY MANTE, K.I
exclusive original jurisdiction of the prohibition, mandamus, quo warranto,
RTC and of the Sandiganbayan, the habeas corpus, and injunction
MTC shall exercise the following enforceable in any part of their
criminal jurisdiction: respective regions, which may be
availed of in criminal cases;
a. exclusive original jurisdiction
over all violations of city or municipal c. appellate jurisdiction over all
ordinances committed within their cases decided by the MTC within its
respective territorial jurisdiction; territorial jurisdiction;

b. exclusive original jurisdiction d. special jurisdiction of certain

over all offenses punishable with branches to handle exclusively criminal
imprisonment not exceeding six (6) cases as may be determined by the
years irrespective of the amount of Supreme Court;
fine, and regardless of other imposable
penalties, including the civil liability e. jurisdiction over criminal cases
arising from such offenses irrespective under specific laws, such as:
of kind, nature, value, or amount;
i. criminal and civil aspects of Libel
Exceptions: under Art. 360 of the RPC;

i. Libel is under RTC by express ii. designated special courts over

provision of Art. 360 of RPC; violations of the Comprehensive
Dangerous Drugs Act of 2002 (RA
ii. Direct bribery under Art. 210 and 9165)
Indirect bribery under Art. 211 of the
RPC are under exclusive jurisdiction of iii. designated RTC branches for
the Sandiganbayan by express violations of Intellectual Property
provision of Section 4 (a) of PD 1606 Rights

c. exclusive original jurisdiction iv. all cases of money laundering,

over offenses involving damage to except that those committed by public
property through criminal negligence; officers and private persons, who are in
conspiracy with such public officers,
d. violations of B.P. 22; shall be under the jurisdiction of the
Sandiganbayan
e. Summary Procedure in certain
cases;
SANDIGANBAYAN
f. special jurisdiction to decide on
applications for bail in criminal cases in
the absence of all RTC judges in a The Sandiganbayan shall exercise
province or city. original jurisdiction in all cases
involving:

REGIONAL TRIAL COURT a. violations of RA 3019 (Anti-Graft

and Corrupt Practices Act), and RA
1379 (Forfeiture of Ill-Gotten Wealth),
a. exclusive original jurisdiction in and Chapter II, Section 2, Title VII,
all criminal cases not within the Book II of the RPC (Bribery and
exclusive jurisdiction of any court, Corruption of Public Officers), where
except those now falling under the one or more of the accused are officials
exclusive and concurrent jurisdiction of occupying the following positions in the
the Sandiganbayan which shall be government, whether in a permanent,
exclusively taken cognizance of by the acting, or interim capacity, at the time
latter; of the commission of the offense:
b. original jurisdiction in the 1. Officials of the executive branch
issuance of writs of certiorari,
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CRIMINAL PROCEDURE AND COURT TESTIMONY MANTE, K.I
occupying the positions of regional Constitution; and
director and higher, otherwise
classified as Grade “27” and higher of 5. All other national and local
the Compensation and Position officials classified as Grade “27” and
Classification Act of 1989 (RA 6758), higher under the Compensation and
specifically including: Classification Act of 1989.

a. provincial governors, vice- b. other offenses or felonies

governors, members of the whether simple or complexed with
Sangguniang Panlalawigan, and other crimes committed by public
provincial treasurers, assessors, officials and employees mentioned in
engineers, and other provincial subsection “a” of this section in relation
department heads; to their office;

b. city mayors, vice-mayors, - the term “offenses or felonies”

members of the Sangguniang mentioned above are so broad in
Panlungsod, city treasurers, assessors, meaning and are not restricted to the
engineers, and other city department laws earlier mentioned. But these
heads; offenses, however, must be committed
by the government officials “in relation
c. officials of the diplomatic service to their office”
occupying the position of consul and
higher; c. Plunder law violation

d. Philippine army and air force d. Appellate jurisdiction over final

colonels, naval captains, and all judgments, resolutions or orders of
officers of higher rank; RTC whether in the exercise of their
own original jurisdiction or their
e. officers of the Philippine National appellate jurisdiction
Police while occupying the position of
provincial director and those holding
the rank of senior superintendent or NOTE:
higher;
The RTC shall have exclusive original
f. city and provincial prosecutors jurisdiction where the Information:
and their assistants, and officials and
(a) does not allege any damage to the
prosecutors in the Office of the
government or any bribery;
Ombudsman and special prosecutor;
(b) alleges damage to the government or
g. Presidents, directors or trustees,
any bribery arising from the same or
or managers of government-owned or
closely related transactions or acts in an
controlled corporations, state
amount not exceeding One Million
universities or educations institutions
(php1,000,000.00) Pesos (Republic Act
or foundations.
No. 10660, approved on 16 April 2015).
2. Members of Congress and
In cases where none of the accused are
officials thereof classified as Grade
occupying positions corresponding to
“27” and up under the Compensation
salary grade “27” or higher or military
and Position Classification Act of 1989;
and PNP personnel, exclusive original
3. Members of the judiciary without jurisdiction thereof shall be vested in the
prejudice to the provisions of the proper regional trial court , metropolitan
Constitution; trial court, municipal trial court and
municipal circuit trial court, as the case
4. Chairman and members of maybe, pursuant to their respective
Constitutional Commissions, without jurisdictions provided in Batas Pambansa
prejudice to the provisions of the Blg. 22, as amended (Republic Act No.
10660, approved on 16 April 2015).
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CRIMINAL PROCEDURE AND COURT TESTIMONY
Prosecution of Offenses (Rule 110)
The institution of a criminal action
depends upon whether or not the offense
is one which requires a preliminary
investigation.
1. Where a preliminary is required, a
criminal action is instituted by filing
the complaint with the proper officer
for the purpose of conducting the
requisite preliminary investigation.
2. Where a preliminary investigation is
not required, a criminal action is
instituted in either two ways:
a. By filing the complaint or
information directly with the
Municipal Trial Court and Municipal
Circuit Trial Court; or
b. By filing the complaint with the
office of the prosecutor.
Note: Institution of criminal action in
Manila and other chartered cities, shall be
filed with the office of the prosecutor
unless otherwise provided in their
charters.
Effect of Institution of
Action.
It interrupts the prescriptive period even
if the court where it is first filed is without
jurisdiction.
Who must prosecute a criminal
offense?
A criminal prosecution under the direction
and control of the public prosecutor. This
it the general rule and this applies to a
criminal action commenced either by a
complaint or information. Even if there
is a private prosecutor, the criminal
action is still prosecution under the
direction and control of the public
prosecutor.
The public prosecutor, in the exercise of
his functions, has the power and
discretion to:
a. Determine whether a prima facie
case exists;
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MANTE, K.I
b. Decide which of the conflicting
testimonies should be believed free
from the interference or control of
the offended party; and
c. Subject only to the right against
self-incrimination, determine which
witnesses to present in court.
Q. When may a private prosecutor a case
even in the absence of the public
prosecutor?
A. If he is authorized to do so in writing.
The written authorization shall be given by
either the Chief of the Prosecution Office
or the Regional State prosecutor. The
written authorization in order to given
effect must, however, be approved by the
court.
Note: The written authorization to the
private prosecutor shall be given because
of either of the following reasons:
a. The public prosecutor has a heavy
work schedule; or
b. There is a lack of public prosecutors.
THE COMPLAINT AND
Criminal INFORMATION.
Complaint – 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.
A complaint or information is deemed
sufficient if it contains the following:
a. The name of the accused; if the
offense is committed by more than
one person, all of them shall be
included in the complaint or
information;
b. The designation of the offense given
by statue;
c. The acts or omissions complained of
as constituting the offense;
CRIMINAL PROCEDURE AND COURT TESTIMONY MANTE, K.I
d. The name of the offended party; Amendment or Substitution of the
complaint or information.
e. The approximate date of the
commission of the offense; and An amendment is the correction of an
error or an omission in a complaint or an
f. The place where the offense was information.
committed.
1. If the amendment is made before the
For an information to be sufficient, it must accused enters his plea, the complaint or
validly charge an offense. The material information may be amended in form or in
facts must be alleged in the complaint or substance, without the need of leave of
information and should establish the court.
essential elements of the offense charged.
2. Leave of court is required even if the
Duplicity of Offense. amendment is made before plea in the
following instances:
Duplicity presupposes that there is a
joinder of distinct offenses in one a. The amendment downgrades the
complaint or information. nature of the offense charged; or
GR: A complaint or information must b. the amendment excludes any accused
charge only one offense. from the complaint or information.
EXC: A complaint or information may 3. If the amendment is made after the
contain two or more offenses when the accused enters his plea and during the
law prescribes a single punishment for trial, any formal amendment may only be
various offenses as in complex and made under two conditions:
compound crimes treated under the Art.
48 of the RPC. a. leave of court must be secured; and

Note: Should there be any objections, it b. amendment does not cause prejudice
should be timely interposed by the to the rights of the accused.
accused before trial; otherwise, he is
deemed to have waived defect and the Only formal amendment are allowed after
court may convict him of as many the accused have been arraigned except
offenses as are charged and proved, and when it is beneficial for the accused.
impose upon him the penalty for each
offense. Substitution of the complaint or
information.
Venue of Criminal Actions.
A complaint or information may be
The criminal action shall be instituted and substituted if it appears at any time before
tried in the court of the municipality or judgment that a mistake has been made
territory: in charging the proper offense. In such a
case, the court shall dismiss the original
a. Where the offense was committed; complaint or information once the new
or one charging the proper offense is filed
provided the accused will not be pleaded
b. Where any its essential ingredients in double jeopardy.
occurred.
Prosecution of Civil Action.
One of the fundamental principle in
criminal procedure is that a court cannot Every person criminally liable is also civilly
exercise jurisdiction over a person liable.
charged with an offense committed
outside the limited territory. Venue in GR: When a criminal action is instituted,
criminal action is jurisdictional. the civil action for the recovery of civil
liability arising from the offense charged
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CRIMINAL PROCEDURE AND COURT TESTIMONY MANTE, K.I
shall be deemed instituted with the
criminal action unless the offended party
waives the civil action, reserves the right
to institute it separately or institutes the
civil action prior to the criminal action.

EXC:

There is no implied institution of civil

action to recover civil liability arising from
the offense charged in any of the following
instances:

1. When the offended party waive civil

action;

2, When the offended party reserves the

right to institute the civil action
separately; or

3. When the offended party institutes the

civil action prior to the criminal action.

A single act or omission that causes

damages to an offended party may rise to
two separate civil liabilities on the part of
the offender:

1. Civil liability ex delicto, that is, civil

liability arising from the criminal
offense under Art. 100 of the
Revised Penal Code; and

2. Independent civil liability, that is,

civil liability that may be pursued
independently of the criminal
proceedings.

Under the rules, the only civil liability of

the accused arising from the crime
charged is deemed included in a criminal
action. Thus, the civil actions referred to
in Arts. 32, 33, 34 and 2176 of the Civil
Code shall remain “separate, distinct and
independent” of any criminal prosecution
which may be based on the same act.

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