Criminal Procedure

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.
- Concerned with the procedural steps through
which a criminal case passes, commencing
with the initial investigation of a crime and
concluding with the unconditional release of
the offender.
- Generic Term used to describe the network of
laws and rules which governs the procedural
administration of criminal justice.
Sources of Criminal Procedure
1. The Spanish Law of Criminal Procedure
(Ley de Enjuiciamento Criminal)
2. General Orders No. 58, dated April 23,
1900
3. Amendatory Acts passed by the
Philippines Commission (Act No. 194)
4. The various quasi acts, The Philippines
Bill of 1902, the Jones Law of 1916, the
Tydings-McDuffie
law
and
the
Constitution of the Philippines
5. The Rules of Court of 1940 and the
1964, 1985, and 1988 Rules on Criminal
Procedure.
6. Constitution Rights of an Accused
under Article III
7. The Civil Code (Arts. 32, 33, and 34)
8. Judicial
Decisions
applying
or
interpreting our laws which form part of
our legal system.
9. R.A. No. 8493, The Speedy Trial Act of
1998
10.Circulars
11.The
Revised
Rules
on
Criminal
Procedure (Rules 110-127, Revised
Rules
of
Courts,
As
Amended,
December 1, 2000, A.M. No. 00-5-03
SC)
Three Systems of Criminal Procedure
A. 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.
B. Accusatorial The accusation is
exercised by every citizen or by a
member of the group to which the
injured party belongs. The supposed
offender has the right to be confronted
by his accuser. The battle in the form of
a public trial is judged by a magistrate
who renders the verdict.
C. The Mixed System The combination
of the inquisitorial and accusatorial

systems. Thus the examination of

defendants and other persons before
the
filing
of
the
complaint
or
information may be inquisitorial.
General Rule:
A Court Proceeding in our judicial set-up is
accusatorial or adversary and not inquisitorial
in nature.

Criminal Jurisdiction of Courts

- The authority to hear and try a particular and
offense and impose the punishment for it.
- The Philippine Courts have no common law
jurisdiction or power, but only those expressly
conferred by the Constitution and statutes and
those necessarily implied to make the express
powers effective. (Velunta vs Chieft,
Philippines Constabulary, G.R. No. 71855,
Jan. 20, 1988, 157 SCRA 147)
- Jurisdiction is conferred only by the
constitution or by-law. It cannot be fixed by the
will of the parties nor can it be acquired or
diminished by any act of the parties.
- Jurisdiction is determined by the position of
the accused at the time of the commission of
the offense. (Subido vs Sandiganbayan,
Jan. 20, 1997, 78 SCAD 104)
- The jurisdiction of courts in criminal cases is
determined by the allegations of the complaint
or information and not by the findings of the
court may make after the trial.
General Rule:
The Jurisdiction of Courts are determined by:
1. The Geographical limits of the territory
over which it presides
2. The actions (Civil and Criminal) it is
empowered to hear and decide
Elements of Jurisdiction in Criminal Cases
A. The nature of the offense and/or
penalty attached thereto;
B. The fact of the offense has been
committed
within
the
territorial
jurisdiction of the court.
Note: The non-concurrence of either of these
two elements may be challenged by the
accused at any stage of the proceedings in the
court below or on appeal. Failing one of them,
a judgment of conviction is null and void.
Requisites for a Valid Exercise of Criminal
Jurisdiction

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Jerwel Adrian C. De Perio

MLQU School of Law

Criminal Procedure
A. It must have jurisdiction over the
subject matter;
B. It must have jurisdiction over the
territory where the offense was
committed;
C. It must have jurisdiction over the
person of the accused
Jurisdiction over the subject matter is
the power to hear and determined cases of the
general class to which the proceedings in
questions belong. (Reyes vs Diaz, 73 Phil.
484)
Principles of Jurisdiction
A. General Rule: The Jurisdiction of
Courts are determined by:
a. The Geographical limits of the
territory over which it presides
b. The actions (Civil and Criminal)
it is empowered to hear and
decide.
B. As the question of jurisdiction is always
of importance, if the prosecution fails to
prove that fact, the court may always
permit it to present additional evidence
to show the fact that the crime was
committed within its jurisdiction.
C. When filing of the complaint or
information a warrant for the arrest of
the accused is issued by the trial court
or was duly arrested, the court thereby
acquired jurisdiction over the person of
the accused.
D. Conferred only by the sovereign
authority which organizes the courts.
When jurisdiction over an offense has
not been conferred by law, the accused
cannot confer it by express waiver or
otherwise. (U.S. vs De la Santa 9 Phil
22) Jurisdiction over criminal cases
cannot be conferred by consent. (U.S.
vs Reyes, 1 Phil 249)
E. If under the law the court has no
jurisdiction over the subject matter, it
cannot take cognizance of the case,
notwithstanding
the
silence
or
acquiescence of the accused.
a. Exception:
When
there
is
estoppel by laches to bar attacks
on jurisdiction.
F. A conviction or acquittal before a court
having no jurisdiction is, like all
proceedings in the case, absolutely
void, and is therefore no bar to
subsequent indictment and trial in a

court which has jurisdiction of the

offense.
Adherence if Jurisdiction
- Once jurisdiction is vested in the court, it is
retained up to the end of the litigation.
- Jurisdiction once acquired is not affected by
subsequent legislative enactment placing
jurisdiction in another tribunal. It remains with
the court until the case is finally terminated.
They retain their jurisdiction until the end of
the litigation.
Exception to the Principle of Adherence
- Where a statute changing the jurisdiction of a
court has no retroactive effect, it cannot be
applied to a case that was pending prior to the
enactment of the statute.
Territorial 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 took place
within the territorial jurisdiction of the court.
- Territorial jurisdiction in criminal cases is the
territory where the court has jurisdiction to
take cognizance or to try the offense allegedly
committed by the accused.
- In criminal proceedings, the rule is that once
can not be held to answer for any crime
committed by him except in the jurisdiction
where it was committed.
RULE 110: PROSECUTION OF OFFENSE
Sec. 1 Institution of Criminal Actions
Criminal Actions shall be instituted as
follows:
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.
b. For all other 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 their charters.
The institution of the criminal action
shall interrupt the running of the period

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Jerwel Adrian C. De Perio

MLQU School of Law

Criminal Procedure
of prescription of the offense charged
unless otherwise provided in special
laws. (1a)

3
Jerwel Adrian C. De Perio

MLQU School of Law