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Introduction CRIMINAL PROCEDURE

2. Accusatorial/Adversarial-the accusation is
I. Criminal Procedure exercised by every citizen or by a member of the
 is a method prescribed by law for the apprehension group to which the injured party belongs.
and prosecution of persons accused of any criminal  The supposed offender has the right to be confronted by
offense, and for their punishment, in case of his accuser, the trial is judged by a magistrate who
conviction. renders the verdict.(Gen Order no. 58)
 (PP v. Lacson, 400 SCRA 267) Regulates the steps by 3. The Mixed Systems- combination of A & B.
 general rule- a court proceeding in our judicial set up is
which one who committed a crime is to be punished. accusatorial or adversary and NOT inquisitorial. It
 Is concerned with the procedural steps through which contemplates 2 contending parties before the court
a criminal case passes, commencing with the initial which hears them impartially and renders judgement
investigation of a crime and concluding with the only after trial.(queto v catolico, 31 SCRA 52 (1970).
unconditional release of the offender or the final  System has 2 sided structure consisting of the prosecution
imposition of penalty against him. and the defense where each side tries to convince the court
 Governmental intrusion into individual’s zones of that its position is the correct version of the truth.
privacy and how these intrusions can be reconciled  Accusation starts with the indictment (complaint or an
with constitutional and statutory tenets protecting information) the allegations must be proven by the govt
beyond reasonable doubt.
individual rights.
 Court will decide acquittal or conviction based on the
II. Sources of Criminal Proc. evidence which has been formally offered and presented by
1. The Spanish Law of Criminal Procedure both sides.
2. General orders No. 58, dated April 23, 1900 IV. Due process in criminal cases.
 Amendatory acts passed by, the Philippine  Due process is mandatory and indispensable.
Commission (act no. 194)  The accused must be proceeded against under the
 The various quasi acts, the Philippine Bill of 1902, the orderly processes of law, the judge should follow the
Jones Law of 1916, the Tydings-Mcduffie law and the step by step rules of the court so that the state makes
Constitution of the Philippines. no mistake in taking the life or liberty except that of
3. Rules of court of 1940 & the 1964, ’85,’88 Rules on the guilty. (Romualdez v. Sandiganbayan, GR no.
Criminal Procedure. 143618-41, July 20, 2002)
4. Various Republic Acts (R.A No. 240, New Rule
127-providing for attachment; RA no. 296, Judiciary Requirements of Due Process in a Criminal
proceeding (Alonte v Savellan, jr. 287 SCRA 245)
Act of 1948 defining criminal Jurisdiction, & BP Blg.
129 as amended by RA No. 7691; RA. No. 8249, 1. the court/tribunal is clothed with judicial power to
Creating the Sandiganbayan; RA No. 8349, The hear and determine the matter before it;
speedy trial act of 1998. 2. Jurisdiction is lawfully acquired by it over the
5. Presidential decrees, eg. PD no. 911; RA.No. 732, person of the accused;
regulating the authority of Prosecuting Fiscals to 3. The accused is given opportunity to be heard; and
conduct Preliminary Investigation. 4. The judgment is rendered only upon lawful hearing.
6. Constitution-Rights of an accused under Article III. V. Criminal Jurisdiction of Courts
7. The Civil Code (arts. 32, 33 and 34)  Is the authority to hear and try a particular offense and
8. Judicial decisions applying or interpreting our laws
impose the punishment for it.(people v. mariano L-
which form part of our legal system. 40527, 1976, 71 SCRA 600-604.)
9. RA No. 8493, The Speedy trial Act of 1998.
10. Circulars VII. Determination of Jurisdiction Of court General
11. The revised rules on criminal procedure (rules Rule (US v Jueves, 23 Phil 100):
110-127, revised rules of court as amended dec. 1, 1. the geographical limits of the territory over which it
2000, AM No. 00-5-03-SC) presides; and
III. 3 Systems of Criminal Procedure 2. the actions (civil and criminal), it is empowered to
1. Inquisitorial-the detection and prosecution of hear and decide.
offenders are not left to the initiative of private VIII. Jurisdiction of Criminal Cases ELEMENTS:
parties but to the officials and agents of the law. 1. The nature of the offense and/or penalty attached
 Secret inquiries to discover the culprit, violence and thereto; and
torture is employed to extract a confession. Judge is not 2. The fact that the offense has been committed within
limited to the evidence brought before him but could the territorial jurisdiction of the court.
proceed with his own inquiry w/c is not  The non-concurrence may be challenged by the
confrontative.(law of criminal procedure 1872)
 Court plays an active role and may use evidence
accused at any stage of the proceedings in the court or
gathered outside the court. on appeal. Failure of either elements renders a
 Counsels have a less active role than in the adversarial judgement of conviction null and void.
system.
IX. Requisites for a valid Exercise of Criminal
Jurisdiction
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1. It must have jurisdiction over the subject matter;
 Is the power to hear and determine cases of the general
class to which the proceedings in question belong
(Reyes v Diaz, 73 Phil 484)
 Refers to the authority of the court to hear and
determine a particular criminal case. Offense must be
one which the court is by law authorized to take
cognizance of.
2. It must have the jurisdiction over the territory where
the offense was committed;
 The offense must have been committed w/in the court’s
territorial jurisdiction/ within the geographical limits of
the territory over w/c the curt presides.
 To be determined by the facts alleged in the
complaint or information as regards the place where
the offense charged was committed.
 Venue is an essential element of jurisdiction.
 If the evidence adduced during trial show that the
offense was committed somewhere else, the court
should dismiss the action for want of jurisdiction
(macasaet v. people 452 SCRA 255)
When a court has jurisdiction to try offenses NOT
committed w/in its territorial jurisdiction;
 Offense was committed under the circumstances in
article 2 of the RPC;
 Offense on a phil. Ship/airship;
 Forge or counterfeit any coin or currency note of phil/
oblig & securities issued by the Gov. of the phil;
 Liable for acts connected with the introduction into
these is. Of the oblig & securities mentioned above;
 While being public officers and employees, should
commit an offense in the exercise of their function;
 Commit any crimes against national security & the
law of nations.
 Treason, conspiracy & proposal to commit treason,
misprision of treason, espionage, inciting to war &
giving motives for reprisal, violation of neutrality,  Jurisdiction
correspondence w/ hostile country and flight to
enemy’s country.
 Crimes against the law of nations are piracy and
mutiny on the high seas and qualified piracy.
X. Principle of Jurisdiction
the court
filing of complaint-or
acquires
information in court initiaties
jurisdiction
criminal action.
over the case.
XI. Liberal Interpretation of Rules
 Crim Pro is liberally construed in order to promote
their objective of securing just, speedy and
inexpensive disposition of every action and
proceeding (SEC. 6 Rule 1, ROC).
 The rules of procedure must be viewed as tools to
facilitate the attainment of justice, such that any rigid
and strict application thereof w/c results in
technicalities tending to frustrate substantial justice
must always be avoided (Cariaga v People GR No.
180010, 2010).
Introduction
 Where the SC, orders a change of venue or place of
trial to avoid miscarriage of justice (Sec. 5[4], art.
VIII, 1987 consti);
 Offense is committed in a train, aircraft or other
public or private vehicle in the course of its trip-
action may be instituted in the court of any
municipality or territory where the vehicle passed;
 Where the case is cognizable by the Sandiganbayan;
3. It must have jurisdiction over the person of the
accused.
 Requires that the person charged w/ the offense must
have been brought in to its forum for trial, forcibly by
warrant of arrest or upon his voluntary submission to
the court.
 Jurisdiction is conferred by law or the constitution.
 Philippine courts have no common law jurisdiction
or power (velunta v chief, Philippine constabulary GR
No. 71855, Jan. 20, 1988).
 It cannot be fixed by the will of the parties nor
diminished or acquired by the acts of the parties.
 Jurisdiction is determined by the statutes in force
at commencement of action (dela Cruz v. Moya, 160
SCRA 838, 1988).
 NOT at the time of the commission of the offense even if
the penalty that may be imposed at the commission of
the offense is less and does not fall under the court’s
jurisdiction.
 Jurisdiction of the court is determined by the statute in
force at the time of commencement of the action.
(Tolentino v social security commission 138 SCRA 428,
1985)
 Except: if the jurisdiction is dependent on the position
of the accused at the time of the commission of the
offense.(Subido v. sandiganbayan, 1997, 78 SCAD 104)
Determined by allegations of
complainant
 The averments in the complaint or information
characterizes the crime to be prosecuted and the court
before which it must be tried.
1. Warrant of arrest is Court acquires
issued;or
jurisdiction over
2. Accused
the person of the
surrenders/ is
accused.
arrested.
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Introduction CRIMINAL PROCEDURE