CRIMINAL PROCEDURE

BASIC CONCEPTS

CRIMINAL PROCEDURE treats of the series of processes by which the criminal laws are enforced
and by which the state prosecute persons who violate the penal laws. It regulates the steps by which
one who committed a crime is to be punished.

CRIMINAL LAWS CRIMINAL PROCEDURE

Define crimes and prescribe punishment for Lays down the procedure by which an offender
such crimes. is made to answer for violation of the criminal
laws.

SYSTEMS OF PHILIPPINE CRIMINAL PROCEDURE

There are generally two (2) systems of criminal procedure:

1. Inquisitorial System; and

2. Accusatorial System.

The three (3) parties in a criminal case:

1. State, through prosecutor;
2. Accused; and
3. Private victim.

The adversarial or accusatorial system

The system of procedure in our jurisdiction is ACCUSATORIAL or ADVERSARIAL. It
contemplates two contending parties before the court which hears them impartially and renders
judgment only after trial.
In this system, the court has a passive role and relies largely on the evidence presented by
both sides to the action in order to reach a verdict.
This should be distinguished from the INQUISITORIAL SYSTEM, where the court plays a very
active role and is not limited to the evidence presented before it.
Q: What are some of the accusatorial aspects of our system of criminal procedure where the emphasis
is on the role of the accused or the offended party?
A: The following:
1. The accused is entitled to a public trial. That is not for the benefit of the government but that of the
accused;
2. It is the right of the accused to be present at every stage of the proceeding;
3. It is the right of the offended party to intervene by hiring a private prosecutor.

Due process; mandatory

Due process in criminal proceedings is mandatory and indispensable and cannot be met
without a law which hears before it condemns and proceeds upon inquiry and renders judgment only
after trial.

REQUIREMENTS OF DUE PROCESS IN A CRIMINAL PROCEEDING

1. The court or tribunal is properly clothed with judicial power to hear and determine the matter
before it;
2. Jurisdiction is lawfully acquired over the person of the accused;
3. That the accused is given the opportunity to be heard; and
4. That judgment is rendered only upon lawful hearing.

REQUISITES/ ELEMENTS FOR THE EXERCISE OF CRIMINAL JURISDICTION

A. Jurisdiction over the territory;
B. Jurisdiction over the subject matter;
C. Jurisdiction over the person of the accused.

A. JURISDICTION OVER THE TERRITORY

This element requires that the offense must have been committed within the court’s territorial
jurisdiction.
The limits of the geographical boundaries of a place within which a court has jurisdiction to act
judicially and outside of which its judicial acts are null and void.
Jurisdiction of a court in criminal cases is determined by:
(a) The geographical area over which the court presides; and
Example: RTC of Midsayap has no authority to issue a search warrant for offenses
committed in Davao City.
 (b) The fact that the crime was committed or any of its essential elements took place within
said area.
Example: Written Defamation/Libel
NOTE: VENUE in criminal cases is an essential element of jurisdiction. That jurisdiction of a court
over a criminal case is determined by the allegations in the complaint or information.

WHEN A COURT HAS JURISDICTION TO TRY OFFENSES NOT COMMITTED WITHIN ITS
TERRITORIAL JURISDICTION

a. Where the offense was committed under the circumstances enumerated in Article 2 of the Revised
Penal Code.
It is cognizable before the Philippine Courts even if committed outside the territory of the
Philippines. In this case, the offense shall be cognizable by the court where the criminal action is first
filed.
1. Should commit an offense while on a Philippine ship or airship;
2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and
securities issued by the Government of the Philippine Islands;

3. Should be liable for acts connected with the introduction into these Islands of the obligations
and securities mentioned above;
4. While being public officers and employees, should commit an offense in the exercise of their
functions; or
5. Should commit any of the crimes against national security and the law of nations.
Included in crimes against national security are the crimes of:

 Treason
 Conspiracy and Proposal to commit Treason
 Misprision of Treason
 Espionage
 Inciting to war and giving motives for reprisal
 Violation of neutrality
 Correspondence with hostile country; and
 Flight to enemy’s country
Included against the law of nations are:

 Piracy
 Mutiny
 Qualified Piracy
b. Where the Supreme Court orders a change of venue or place of trial to avoid a miscarriage of
justice.
This is pursuant to the Supreme Court’s constitutional power under Section 5[4], Article VIII of
the Philippine Constitution.
Example: AMPATUAN Case regarding Maguindanao Massacre: From RTC Cotabato City to RTC
Quezon City.

c. Where the offense is committed in a train, aircraft, or other public or private vehicle in the course of
its trip.

The criminal action need not be instituted in the actual place where the offense was committed.
It may be instituted and tried in the court of any municipality or territory where said train, aircraft, or
vehicle passed during its trip. It may also be instituted and tried in the place of departure and arrival.

d. Where an offense is committed on board a vessel in the course of its voyage.

The action may be brought and tried in the court of the first port of entry, or in the municipality
or territory where the vessel passed during the voyage.
e. Where the case is cognizable by the Sandiganbayan.

The jurisdiction depends upon the nature of the offense and the position of the accused.
f. Where the offense is written defamation or libel.
The action may be filed in any of the following:
a. RTC of the province or city where the alleged libelous article was printed and first published;
or
b. Province or city where the offended party held office at the time of the commission of the
offense if he is a public officer; or
c. Province or city where he actually resided at the time of the commission of the offense in
case the offended party is a private individual.

B. JURISDICTION OVER THE SUBJECT MATTER

It is the authority to hear and try a particular offense and impose the punishment for it. It is a
question of law.
Jurisdiction over the subject matter is CONFERRED 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.
It is determined by the allegations of the criminal complaint or information in accordance with
the law in force at the time of the institution of the criminal action, not at the time of the
commission of the offense.
 Essentially it is determined by the penalty provided by law for the offense as that offense is
charged in the complaint or information.
Illustration:
At the time the crime is committed, it was triable by the RTC, but when the charge was filed in court,
it is the MTC already who has jurisdiction because its jurisdiction was increased.
Q: Which court has jurisdiction? MTC. (The law in force at the time of the filing of the action.)

C. JURISDICTION OVER THE PERSON OF THE ACCUSED

The jurisdiction over the person is acquired upon his arrest or apprehension, with or
without warrant, or his voluntary appearance or submission to the jurisdiction of the court.

Note: All the three elements/ requisites must exist otherwise the court has no jurisdiction to
try and decide a criminal case.

JURISDICITON OVER THE SUBJECT JURISDICTION OVER THE PERSON OF THE

MATTER ACCUSED
Refers to the authority of the court to hear and Refers to the authority of the court over the
determine a particular criminal case. This simply person charged.
means jurisdiction over the offense charged.

Mandates that the offense is one which the court Requires that the person be brought into its
is by law authorized to take cognizance of. forum by:
1. Warrant of arrest
2. Voluntary Submission or Voluntary
Appearance

PRINCIPLE OF ADHERENCE OR CONTINUING JURISDICTION

GENERAL RULE: Once a court acquired jurisdiction over the controversy, it shall continue to exercise
such jurisdiction until the final determination of the case and it is not affected by the subsequent
legislation vesting jurisdiction over such proceeding in another tribunal.
EXCEPTION: When the statute expressly so provides or is intended to operate to pending actions.
JURISDICTION OF PHILIPPINE COURTS

SUPREME COURT (SC)

1. All criminal cases involving offenses for which the penalty imposed by the trial court is death (NOW
SUSPENDENDED), reclusion perpetua or life imprisonment;
2. Even if the penalty is less than reclusion perpetua, death or life imprisonment, where the issue on
appeal is pure question of law.

REGIONAL TRIAL COURT (RTC)

A. Sec. 20. Jurisdiction in criminal cases. - Regional Trial Courts shall exercise exclusive original
jurisdiction in all criminal cases not within the exclusive jurisdiction of any court, tribunal or body,
except those now falling under the exclusive and concurrent jurisdiction of the Sandiganbayan which
shall hereafter be exclusively taken cognizance of by the latter. (BP 129)
B. Appellate Jurisdiction over all cases decided by the MTC within its territorial jurisdiction;
C. Special Jurisdiction to handle exclusively criminal cases as designated by the Supreme Court;
D. Original Jurisdiction in the issuance of writs of certiorari, prohibition, mandamus, quo warranto,
habeas corpus, and injunction enforceable in any part of their respective regions;
E. Jurisdiction over cases under specific laws such as:

 Written defamation;
 Violation of Comprehensive Dangerous Drugs Act of 2002;
 Violations of Intellectual Property Rights.
 All cases on money laundering.

MUNICIPAL TRIAL COURT (MTC)

Sec. 32. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial
courts in criminal cases. - Except in cases falling within the exclusive original jurisdiction of Regional
Trial Courts and of the Sandiganbayan, the Metropolitan Trial Courts, Municipal Trial Courts, and
Municipal Circuit Trial Courts shall exercise:

A. Exclusive original jurisdiction over all violations of city or municipal ordinances committed within
their respective territorial jurisdiction;
B. Exclusive original jurisdiction over all offenses punishable with imprisonment of not exceeding
six (6) years irrespective of the amount of fine, and regardless of other imposable accessory or
other penalties;
C. Exclusive original jurisdiction over offenses involving damage to property through criminal
negligence;
D. Summary procedure in certain cases; and

 Violations of traffic laws, rules and regulations;

 Violations of the rental law;
 B.P. 22 cases;
 Violations of municipal and city ordinances;
 All other criminal cases where the penalty prescribed by law for the offense charged is
imprisonment not exceeding 6 months, or a fine not exceeding P1,000.00, or both, irrespective
of the other imposable penalties, accessory or otherwise, or of the civil liability arising
therefrom; and
 Offenses involving damage to property through criminal negligence where the imposable
penalty does not exceed P10, 000.00.
E. Special Jurisdiction to decide on applications for bail in the absence of all RTC judges in the
province or city.

RTC MTC, MCTC, MTCC

IF PENALTY IS
IMPRISONMENT OR PENALTY > 6 years PENALTY <6 years
IMPRISONMENT AND
FINE

IF PENALTY IS PURELY FINE is > P4,000 FINE is < P4,000

FINE

SANDIGANBAYAN
1 + 1= 2 METHOD
1+ 1 =2

IN THE FIRST COLUMN IN THE SECOND IF BOTH THE CRIME AND

LIST DOWN ALL THE COLUMN LIST DOWN THE PERSON ARE
CRIMES COVERED BY ALL THE PERSONS COVERED BY THE
THE SANDIGANBAYAN COVERED BY THE SANDIGANBAYAN LAW
LAW SANDIGANBAYAN LAW THEN SANDIGANBAYAN
WILL HAVE ORIGINAL
JURISDICTION OVER
THE CASE.
IF NOT THEN THE
REGULAR COURTS WILL
HAVE JURISDICTION
Section 4 of Republic Act No. 8249
Sec. 4. Jurisdiction. — The Sandiganbayan shall exercise exclusive original jurisdiction in all cases
involving:

A. Violations of Republic Act No. 3019, as amended, other known as the Anti-Graft and Corrupt
Practices Act, Republic Act No. 1379, and Chapter II, Section 2, Title VII, Book II of the Revised
Penal Code, where one or more of the accused are officials occupying the following positions in the
government, whether in a permanent, acting or interim capacity, at the time of the commission of the
offense:
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"(1) Officials of the executive branch occupying the positions of regional director and higher, otherwise
classified as Grade '27' and higher, of the Compensation and Position Classification Act of 989
(Republic Act No. 6758), specifically including:

"(a) Provincial governors, vice-governors, members of the sangguniang panlalawigan, and provincial
treasurers, assessors, engineers, and other city department heads;

"(b) City mayor, vice-mayors, members of the sangguniang panlungsod, city treasurers, assessors,
engineers, and other city department heads;

"(c) Officials of the diplomatic service occupying the position of consul and higher;

"(d) Philippine army and air force colonels, naval captains, and all officers of higher rank;

"(e) Officers of the Philippine National Police while occupying the position of provincial director and
those holding the rank of senior superintended or higher;

"(f) City and provincial prosecutors and their assistants, and officials and prosecutors in the Office of
the Ombudsman and special prosecutor;

"(g) Presidents, directors or trustees, or managers of government-owned or controlled corporations,

state universities or educational institutions or foundations.

"(2) Members of Congress and officials thereof classified as Grade '27' and up under the
Compensation and Position Classification Act of 1989;

"(3) Members of the judiciary without prejudice to the provisions of the Constitution;

"(4) Chairmen and members of Constitutional Commission, without prejudice to the provisions of the
Constitution; and

"(5) All other national and local officials classified as Grade '27' and higher under the Compensation
and Position Classification Act of 1989.
B. Other offenses or felonies whether simple or complexed with other crimes committed by the
public officials and employees mentioned in subsection (A) of this section in relation to their office.

C. Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1, 2, 14
and 14-A, issued in 1986.“

An offense is deemed to be committed in relation to the public office upon showing

of any of the following:
1. When such office is an element of the crime charged; or
2. When the offense charged is intimately connected with the charge of the official functions of the
accused; or
3. It cannot exist without the office;