J.E.T.

| 1

WIGWOOU: Retention Support Series

Criminal Procedure: The Bar Lecture Series by Riano (2011)
Lecturer: Judge Pao

CHAPTER ONE: PRELIMINARY CONSIDERATIONS

I. BASIC CONCEPTS
Criminal Procedure treats of the series of processes by which the criminal
laws are enforced and by which the State prosecutes persons who violate
the penal laws. It is a generic term to describe the network of laws and
rules which governs the procedural administration of justice, balancing
clashing societal interests primarily between those of the government and
those of the individual.

The Philippine Government follows the adversarial or accusatorial system,
which starts with a formal indictment called in our jurisdiction as a
complaint or information, the allegations of which must be proven by the
government beyond reasonable doubt, rendering an acquittal or conviction
of the accused. In its decision-making process, the court shall consider no
evidence which has not been formally offered. The court has a passive role
and relies largely on the evidence presented, as compared to an
inquisitorial system.

The rules shall be liberally construed in order to promote their objective of
securing a just, speedy and inexpensive disposition of every action or
proceeding, such that any rigid and strict application thereof which results
in technicalities tending to frustrate substantial justice must always be
avoided.

Due process is mandatory, where the court hears before it condemns and
proceeds upon inquiry and renders judgment only after trial. The
requirements of due process in criminal procedure are enumerated in the
case of Alonte v. Savellano, Jr., to wit:
a) jurisdiction over subject matter;
b) jurisdiction over person of the accused;
c) opportunity to be heard;
d) judgment upon lawful hearing.

A. Requisites for the Exercise of Criminal Jurisdiction
Over the subject Over the territory; Over the person of the
matter
Territorial jurisdictio
accused
General Rule
Offense is one which Action
shall
be The person charged
the court conferred by instituted and tried in with the offense must
law, clearly appearing the court of the have been brought in
from the statute in the municipality
or to its forum for trial,
manner and form territory wherein the forcibly by warrant of
prescribed by law, offense
was arrest or upon his
authorizes the court committed or where voluntary submission
to take cognizance of.
anyone
of
the to the court.

essential ingredients
The power to hear took place.
Acquired upon his
and determine cases
arrest
or
of the general class to Venue is an essential apprehension, with or
which
the element
of without a warrant, or
proceedings
in jurisdiction.
his
voluntary
question belong.

appearance
or

The purpose is not to submission to the
Determined by the inconvenience
in jurisdiction of the
allegations in the looking for witnesses court.
complaint
or and pieces of evidence
information. It is the in another place.
Affirmative relief is
averments in the
deemed to be a
information
which
submission to the
characterize the cime
jurisdiction of the
to be prosecuted.
court.

Sandiganbayan

nature of the offense
and the position
occupied by the
accused
are
conditions sine qua
non.

Complex crimes
jurisdiction to impose

the maximum and

most serious penalty
imposable.
Hornbook doctrine
the law in force at the
time of the institution
of action and not
during
the
arraignment of the
accused.

Not at the time of its
commission even if
the penalty for the
same, at the time, was
less or does not fall
under the courts
jurisdiction.

Use of the imposable
penalty on the basis
of the allegations.

Principle of adherence
of jurisdiction or
continuing
jurisdiction cannot
be withdrawn or
defeated
by
a
subsequent
valid
amendment of the
information or by a
new law amending
the
rules
of
jurisdiction.

Dismissal
on
jurisdictional grounds
may be raised or
considered
motu
proprio by the court at
any stage of the
proceedings or on
appeal.
A special appearance
before the court to
challenge
the
jurisdiction of the
court over the person
is not tantamount to
estoppel or a waiver
of the objection and is
not considered as a
voluntary submission.

While the jurisdiction
may be challenged at
any stage/time, sound
policy bars one from
doing so after their
having procured that
jurisdiction. party is
estopped when he
initially invokes the
jurisdiction and then
later on repudiates
the same.

Limitations
Cannot
take
jurisdiction over a
person charged with
an offense allegedly
committed outside of
that limited territory.

Exceptions
1. (a) should commit
an offense while on a
PH ship or airship; (b)
forge or counterfeit
any coin or currency
note of the PH or
obligations
and
securities issued by
the Gov; (c) acts
connected with the
introduction of the
same; (d) public
officers
and
employees, in the
exercise of their
functions; (e) against
national security and
the law of nations
(Art. 2, RPC).

2. Where the SCs
constitutional powers
orders a change of
venue or place of trial
to avoid a miscarriage
of justice.

To assert that the

court
has
no
jurisdiction because a
warrant of arrest
issued is null and void
as there are no
probable cause found
by the court issuing
the same CANNOT BE
SUSTAINED because
he submitted his
person when he
posted a bail.

The same applies as
when he enters into a
counsel-assisted plea.

Being in custody of
law is not necessarily
being under the
jurisdiction of the
court. Custody of law
signifies restraint on
the person, who is
deprived of his will
and liberty, and
includes, but not
limited to, detention.

A special appearance
before the court to
challenge
the
jurisdiction of the
court over the person
is not tantamount to
estoppel or a waiver
of the objection and is
not considered as a
voluntary submission,
such as a motion to
quash a warrant of
arrest.

J.E.T. | 2

WIGWOOU: Retention Support Series

Criminal Procedure: The Bar Lecture Series by Riano (2011)
Lecturer: Judge Pao

3. May be instituted
and tried in a place of
departure, course of
its trip, and arrival.

4. Cognizable by the
Sandiganbayan.

5. Written defamation,
where the alleged
libelous article was
printed and first
published,
where
offended
public
officer held office at
the time of the
commission of the
offense, or where the
offended
private
individual
actually
resided at the time of
the commission of the
offense.

B. Modes to Restrain/Compel Criminal Prosecution
Prohibition/Injunction
Mandamus
General Rule
Court will not issue writs of prohibitions or injunctions, preliminary or
final, to enjoin or restrain, criminal prosecution.
Exceptions
1. Necessary to afford adequate A remedial measure for parties
protection to the constitutional aggrieved shall be issued when any
rights of the accused;
tribunal, corporation, board, officer
2. Orderly administration of justice or person unlawfully neglects the
or to avoid oppression or performance of an act which the
multiplicity of actions;
law specifically enjoins as a duty
3. Prejudicial question that is resulting from an office, trust or
subjudice.
station.
4. Lack or excess use of authority;
5. Invalid prosecution;
6. Double jeopardy;
7. Lack of jurisdiction;
8. Case of persecution;
9. Manifestly false, lustful, vengeful
charges;
10. No prima facie case and a
motion to quash on the same
ground has been denied.

II. CRIMINAL JURISDICTION OF COURTS
MTC
RTC
Sandiganbayan
Exclusive Original Jurisdiction
Anti-Graft and Corrupt
All violations of city or Not
within
the Practices Act, where
municipal ordinances exclusive jurisdiction one or more of the
committed
within of any court, tribunal accused are officials
the
their
respective or body, except those occupying
territory.
now falling under the following positions in
government,

exclusive
and the
whether
in
a
Offenses punishable concurrent
with
imprisonment jurisdiction of the permanent, acting or
interim capacity, at the
not exceeding 6 yrs. Sandiganbayan.
of
the
irrespective of the Appellate Jurisdiction time
amount of fine, and Cases decided by MTC commission of the
regardless of other within its territorial offense, where the
same is committed in
imposable
or jurisdiction.
relation to the office.
accessory penalties,
Special Jurisdiction
except those vested by Criminal cases as
law either in the RTC designated by the Officials of:
the executive branch
or Sandiganbayan.
Supreme Court.
occupying
the

Specific Laws

Penalty of fine only,

and not more than
P4,000.

Offenses
involving
damage to property
through
criminal
negligence.

Violations of BP22.
Summary Procedure
Cases of violations of
traffic laws, rental
laws.

Penalty not exceeding
6 mos., or a fine not
exceeding P1,000, or
both.

Damage to property
through
criminal
negligence where fine
does
not
exceed
P10,000.

1. Written defamation
2. DDA of 2002
3. IP rights

positions of regional
director and higher,
otherwise classified as
Grade 27 and higher.

Members of Congress
(Grade 27 and up
under).

Judicial members w/o
prejudice to Consi.

ConComm,
w/o
prejudice to Consti.

National and local
officials classified as
Grade 27 and higher.

Those below Gr27 as
long as they hold a
position enumerated
in the law.
Civil and criminal
offenses that includes
sequestration cases.
Special Jurisdiction
Jurisdiction in Money Laundering Cases
Decide on applications Except
those
Public officers and
for bail in the absence committed by public
those conspirators.
of the RTC.
officers and private
persons in conspiracy.
Prohibited pleading, motions and petitions in summary procedure
1. Motion to quash, except for lack of jurisdiction or failure to comply with
barangay conciliation proceedings
2. Motion for BP
3. MNT or reopening
4. Petition for relief
5. ME
6. Memoranda
7. Petition for certiorari, mandamus, or prohibition against any
interlocutory order
8. Motion to declare the defendant in default
9. Dilatory motions for postponement
10. Reply
11. Third party complaints
12. Interventions

III. SYNOPSIS OF THE CRIMINAL LITIGATION PROCESS
1. Initial contact with the criminal justice system

Presupposes the prior commission of a crime or at least the

perception that a crime has been committed.

Types of crimes:
o
Against persons
o
Against juridical or artificial persons
o
Against public interest
o
Against public order
o
Against national security

Come into operation when initiated through:

o
Filing a written complaint
o
Search and seizure
o
Arrest in flagrante delicto or by virtue of a hot pursuit
o
Barangay conciliation before a complaint, petition or action is
filed in court,

Exception:

Offense is at least 4 yr 2 mo 1day

o
Preliminary investigation

Exception:

Offense less than 4 yr 2 mo 1 day

Lawful warrantless arrest; although the person

arrested may ask for a preliminary investigation
after validly signing a waiver.

J.E.T. | 3

WIGWOOU: Retention Support Series

Criminal Procedure: The Bar Lecture Series by Riano (2011)
Lecturer: Judge Pao

2. Filing of the information or complaint and other processes

Public prosecutors, in special cases: a private prosecutor may be

authorized.

In writing

Caption: People v. offender

Designation of the offense

Acts and omissions constituting the offense

Special qualifying and aggravating circumstances, if any

Date of commission

3. Implied institution of the civil action for recovery of the civil liability
arising from the offense charged shall also be deemed instituted with the
criminal action

Availment of Provisional Remedies available in civil actions

Exceptions:
o
Offended party waives,
o
Offended party reserves to institute the same separately, or
o
Offended party institutes civil action prior to criminal action
(shall be suspended)
o
Those denominated as independent civil actions
o
Prejudicial questions

Bail
Arraignment
Quashal
Constitutional right
Arraignment is the Facts do not constitute

formal mode and an offense;
Given in the form of manner
of Lack of jurisdiction
corporate
surety, implementing
the
property bond, cash constitutional right of Written motion signed
deposit,
or an accused to be by the accused or his
recognizance.
informed of the nature counsel filed before

and cause of the the accused enters his
Before or after he is accusation
against plea.
formally charged.
him. Before arraigned,

the accused escapes,
An application for bail court has no authority
shall not bar the to try him in absentia.
accused
from It is made in open
challenging
the court by the judge or
validity of his arrest.
clerk.


Matter of right or of Accused may enter:
judicial discretion.

Plea

Bill or particulars

Suspension
of
arraignment

4. Pre-trial

After arraignment, within 30 days from the date the court acquires
jurisdiction over the accused.

To consider matters including plea bargaining, stipulation of facts,

the marking of the evidence, the waiver of objections to
admissibility, a possible modification of the order of the trial and
such other matters that will promote fair and expeditious trial.

After pre-trial conference:

o
Issuance of a pre-trial order, in writing and signed by accused
and counsel, reciting the actions taken, stipulated facts and
evidence marked.

Binding to parties,

Limit trial to matters not disposed of

Control the course of action during trial, unless justified

modification.
5. Trial

Within 30 days from receipt of the pre-trial order, trial shall

commence.

May be postponed for a reasonable period of time for good cause.

Procedure:
o
Begins:

prosecution presenting its evidence

HOWEVER, if the accused admits the act or omission

charged but interposes a lawful defense, the order of trial
may be modified

Answer:
Accused presenting his evidence to prove his defense and
damages he may have sustained arising from any
provisional remedies issued in the case; or

Move for a dismissal:

by presenting a demurrer to evidence on the ground

of insufficiency of evidence, with or without leave of
court, or

by the courts initiative.

o
Denial of demurrer

With leave of court: accused may adduce evidence

Without leave: accused waives right to present evidence

o
Rebuttal and sur-rebuttal evidence.

Deemed submitted for decision unless the court directs

them to argue orally or to submit written memoranda.
6. Judgment

Adjudication after trial by the court on the guilt or innocence of the

accused and the imposition on him of the proper penalty and civil
liability, if any.

In writing, personally and directly prepared by the judge and signed

by him, and shall contain facts and law.
7. Post-judgment remedies

Before judgment of conviction becomes final or before an appeal is

perfected:
o
Motion for the modification of judgment or for the setting aside
of the same
o
Motion for new trial upon errors of law or irregularities
during the trial and the discovery of new or material evidence
o
Motion for reconsideration errors of law or facts in the
judgment.

Appeal
o
May be withdrawn
o
MTC -> RTC -> CA/SC in the proper cases provided for by law;
CA/Sandiganbayan (certiorari) -> SC
o
A review of CA is necessary before the same elevates to the SC.
8. Entry of judgment (Exhaustion of all remedies)

CHAPTER TWO: PROSECUTION OF OFFENSES (RULE 110)
I. Institution
Purpose of criminal action to determine the penal liability of the accused
or having outraged the state with his crime and, if he be found guilty, to
punish him for it, and where the offended party is regarded merely as a
witness for the state.

General Rule: W/N the offense is one which requires a P.I.
Required P.I.
P.I. not required
Special rule
Filing the complaint (1) Filing the complaint Manila and other
with the proper officer or information directly chartered cities
for the purpose of with the MTC; or
filed with the office of
conducting
the (2) Filing the complaint the prosecutor unless
requisite.
with the office of the otherwise provided

prosecutor.
in their charters.
RTCs jurisdiction.


Offenses where the
penalty prescribed by
law is at least
4yr2mo1d.

Effect of institution:
1. Interrupts the prescriptive period of the offense charged unless
otherwise provided in special laws, the exception is when a different rule is
provided for in special laws.
2. Tayco ruling the complaint or information is the one filed in the proper
court or the Olarte ruling the filing of a denuncia or complaint even in the
fiscals office interrupts the period of prescription. We follow the Olarte
ruling.
Prescription on special laws:
1. Zaldivia Punishable by a municipal ordinance treated as judicial
proceedings; prescription begins from the commission of the crime or from
the discovery thereof and the institution of judicial proceedings.
o

WIGWOOU: Retention Support Series

Criminal Procedure: The Bar Lecture Series by Riano (2011)
Lecturer: Judge Pao

J.E.T. | 4

2. Sanrio Complaint-affidavit interrupts prescriptive period

3. Panaguiton, Jr. 4 year period starts on the date the checks were
dishonored and the filing of the complaint did not interrupt the running of
the period as the law contemplates judicial and not administrative
proceedings.
4. Investigation conducted by SEC is equivalent to the P.I. conducted by the
DOJ in criminal cases.

II. Prosecution
A. Criminal Action
General Rule: Under the direction and control of the public prosecutor
since it necessarily follows that a representative of the State shall direct
and control the prosecution thereof. The same shall apply for violations of
special laws.

B. Private Crimes
1. Adultery and concubinage upon complaint filed by the offended spouse
only, against both guilty parties (unless one of them is no longer alive),
without the consent or pardon by the complainant.
2. Seduction, abduction and acts of lasciviousness upon complaint filed by
the offended party or her parents, grandparents or guardian, nor, in any
case, if the offender has been expressly pardoned by any of them. State may
initiate the criminal action in her behalf in the absence of the persons
abovementioned.
3. RA7610: Who may file? Offended party, parents or guardians, ascendant
or collateral relative (3rd consanguinity), licensed child-caring institution,
DSWD, barangay chairman, or at least 3 concerned, responsible citizens
where the violation occurred.
4. Defamation imputation of the offenses of adultery, concubinage,
seduction, abduction and acts of lasciviousness, shall be brought at the
instance of and upon the complaint filed by the offended party only.

Powers of the public prosecutor:
1. determine if a prima facie case exists. The executive department of the
government is accountable for the prosecution of crimes thus vesting the
discretion of whether, what and whom to charge, the exercise of which
depends on factors which are best appreciated by prosecutors.
2. decide on conflicting testimonies; free from the interference or control of
the offended party
3. determine which witnesses to present in court (self-incrimination). The
non-presentation of a witness cannot be construed as a suppression of
evidence where the testimony is merely corroborative.
4. may turn over the actual prosecution to a private prosecutor, and at any
time, take over, by either the Chief of the Prosecution Office or the Regional
State Prosecutor with the approval by the court (Note: Not applicable in
Metro Manila anymore).
5. When not available (MTC): the offended party, any peace officer, or
public officer charged with the enforcement of the law violated.

Exception: where there is an unmistakable showing of grave abuse of
discretion on the part of the prosecutor SC can order.

As long as the acquittal or death of a co-conspirator does not remove the
basis of a charge of conspiracy, one defendant may be found guilty of the
offense. Rationale: criminal offenses are a personal act. The State and the
accused shall be entitled to due process; the prosecutor was not present
during the trial due to reasonable grounds.

III. Intervention of the Offended Party A person convicted of a crime is
liable, criminally and civilly.

Civil liability for a crime includes restitution, reparation of the damage
caused and indemnification for consequential damages, except when such
liability shall be extinguished. The existence of this liability allows the
offended party to intervene. Intervention of the private prosecutor by the
offended party where the civil action for the recovery of the civil liability is
instituted in the criminal action (does not apply to independent civil
actions). Independent civil actions where crimes involving physical
injuries, fraud or defamation or when the act constituting a crime also
constitutes a quasi-delict, are entirely separate and distinct from the civil
liability arising from negligence under the Penal Code.

Right to intervene necessary that the civil action for the recovery of the
civil liability be instituted with the criminal action.

Complaint
Information
A complaint is a sworn written An information is an accusation in
statement charging a person with writing charging a person with an
an offense, subscribed by the offense
subscribed
by
the
offended party, any peace officer, or prosecutor and filed with the court.
other public officer, charged with Only a prosecutor is authorized to
the enforcement of the law violated. subscribe to the information.
It is filed in the name of the People
and against all persons who appear No oath? The prosecutor filing the
to be responsible for the offense information is acting under the oath
involved.
of his office. Therefore, a lack of

authority does not cure the
Private offended parties serve as information even by silence,
witnesses for the prosecution. acquiescence, or even by express
However, they may appeal the civil consent.
aspect of the case and may file a
special civil action for certiorari
questioning the decision/action of
the court on jurisdictional grounds
and shall prosecute the same in his
own personal capacity.

Only the OSG may file an appeal on
behalf of the People in criminal
proceedings pending in the SC and
the CA, subject to the rules against
double jeopardy.
Contents
1. Name/s of the accused

Name and surname or any appellation or nickname by which he

has been or is known; fictitious name and a description of the
accused, accompanied by a statement that his true name is
unknown and the same shall be inserted in the complaint or
information and in the records of the case.

Identity of the accused must be proven, a mistake does not

necessarily amount to a mistake in the identity of the accused.

2. Designation of the offense given by statute

Determination of the nature and character of the crime by the

recital of the ultimate acts and circumstances in the information.

The question did he perform the acts alleged in the body of the
information in the manner therein set forth.

Failure to indicate such in the caption or other parts does not

negate the sufficiency of an information. Why? Judgment is
determined by allegations (ultimate facts and circumstances in
the complaint).

Statement of the qualifying and aggravating circumstances must

be placed. Why? He cannot be held liable for an offense graver
than that for which he was indicted.

3. Acts or omissions complained of as constituting the offense

4. Name of the offended party natural: name and surname, or appellation
or nickname, or fictitious name where the true name shall be inserted;
juridical: any by which it is known/identified, without need of averring
that it is a juridical person, or in accordance with law; on offenses against
property where the offended party is unknown: property shall be
described with such particularity.

5. Date of commission (approximate, unless material element)

6. Place of commission (Venue specific)
Test
W/N the crime is described in intelligible terms with such particularity as
to apprise the accused, with reasonable certainty, of the offense charged
(due process of accused).

Question of insufficiency is not absolute, when the accused fails to object

WIGWOOU: Retention Support Series

Criminal Procedure: The Bar Lecture Series by Riano (2011)
Lecturer: Judge Pao

upon his arraignment or during trial, and is deemed to have waived that
right, even so when he voluntarily entered a plea and participated in trial.

Objections as to any formal defects in the information, the accused shall
have moved before arraignment either for a bill of particulars or for the
quashal of the information, or failure shall be deemed a waiver of such.

Duplicity of the offense
General Rule: a complaint or information must charge only one offense,
more than one offense may only be charged when the law prescribes a
single punishment for various offenses. Failure to interpose the same shall
constitute a waiver.

Amendment
Substitution
Before plea (no need for leave)
At any time before judgment that a
mistake has been made in charging

In form or in substance
the proper offense. The court shall
Before plea (need for leave)

Downgrades the nature dismiss the original case provided

the accused will not be placed in
of the offense charged

Excludes any accused double jeopardy.

from
the
Merely substantial changes.
complaint/information
A motion by the prosecutor, with
notice to the offended party is also Shall have leave of court because
original case has to be dismissed.
needed.
Court is mandated by the rule to
state its reasons, furnishing all
copies of its order.
After plea

Formal
amendments
only when leave of court
is secured and the
amendment shall not
cause prejudice to the
rights of the accused.
After arraignment

Substantial amendment
is proscribed except if
the same is beneficial to
the accused.

CHAPTER THREE: PROSECUTION OF CIVIL ACTION (RULE 111)

CHAPTER FOUR: PRELIMINARY INVESTIGATION

CHAPTER FIVE: ARREST, SEARCH AND SEIZURE
I. ARREST (RULE 113)
II. SEARCHES AND SEIZURES (RULE 126)

J.E.T. | 5