CLJ 4

Criminal
Procedure
First Semester 2020-2021
Target Time Frame: 2 Weeks Duration
(August 24-September 7)
Approach: Distance Learning
Platform Sites: Gmail, Google
Classroom, Google Meet
Alternative Access Strategy: Offline
Learners – worksheets, power point
presentation, videos saved in USB.
 Allotted Time Lesson
Schedule for each Module

Session Topic Time

1 Orientation 1 & a half Hour
- Course Description
- House Rules
- Overview
2 Introduction to Criminal 30 mins.
Procedure
3 Lesson 1 1 Hour
- Sources and system of
Criminal procedure
- Jurisdiction
-Rule 110
 Learning Outcome / Objective
At the end of this module, students should be able
to:
(Session 1) a. find out what the requirements of
this subject really are and what to expect from
what can be learned.
(Session 2) a. Recognize the essence of criminal
procedure
(Session 3)
a. The students will be able to know the
different terminologies
b.Be familiarize with the rules in criminal
procedure
 Criminal Procedure
Criminal procedure
It is the method prescribed by law for the apprehension and prosecutions of persons
accused of any criminal offense and for their punishment, in case of conviction.
What is criminal procedure concerned with?
It is concerned with the procedural steps through which the criminal case passes,
commencing with the initial investigation of a crime and concluding with the unconditional
release of the offender. It is a generic term used to describe the network of laws and rules which
govern the procedural administration of criminal justice.
Sources of criminal procedure
1. Spanish Law of Criminal Procedure
2. General Order No. 58, dated April 23, 1900
3. Amendatory acts passed by the Philippine Commission
4. The various quasi acts, the Philippine Bill of 1902, the Jones law of 1916, the Tydings-
McDuffie Law, and the Constitution of the Philippines.
5. The Rule of Court 1940, and the 1964, 1985 and 1988 Rules on Criminal Procedure
6. Various Republic Act (RA 240, Judiciary Act, RA 8249 creating the Sandiganbayan,
Speedy Trial Act)
7. Presidential Decrees
8. 1987 Constitution, particularly Art. III Bill of Rights
9. Civil Code(Art. 32, 33, 34)
10. Certain Judicial decisions
11. RA 8393 The Speedy trial Act
12. Circulars
13. The Revised Rules on Criminal Procedure (Dec 1, 2000)
Three system of criminal procedure
1. 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. Resort is made to secret inquiry
to discover the culprit, and violence and torture are often employed to extract
confessions. The judge is not limited to the evidence brought before him but could
proceed with his own inquiry which was not confrontative.
2. Accusatorial- the accusation is exercised by every citizen or by a member of the group
to which the injured party belongs. As the action is a combat between the parties, the
supposed offender has the right to be controlled by his accuser. The battle in the form of
a public trial is judged by a magistrate who renders a verdict. The essence of the
accusatorial system is the right to be presumed innocent. To defeat this presumption, the
prosecution must establish proof of guilt beyond reasonable doubt (moral certainty)
3. Mixed- this is a combination of the inquisitorial and accusatorial systems. The
examinations of the defendants and other persons before the filing of the complaint or
information is inquisitorial.
 The judicial set-up in the Philippines is accusatorial or adversary in nature. It
contemplates two contending parties before the court, which hear them impartially and
renders judgment only after trial.
Criminal law and criminal procedure
Criminal law is substantive; it defines crimes, treats of their nature, and provides for
their punishment. Criminal Procedure is remedial or procedural; it provides for the method by
which a person accused of a crime is arrested, tried and punished. Criminal Law declares what
acts are punishable, while criminal procedure provides how the act is to be punished.
Jurisdiction
It is the power or authority given by the law to a court or tribunal to hear and determine
certain controversies. It is the power of courts to hear and determine a controversy involving
rights which are demandable and enforceable.
Jurisdiction and Venue
Venue is defined as the particular country or geographical areas in which a court with
jurisdiction may hear and determine a case. It means the place of trial. Jurisdiction is the
power of the court to decide the case on the merits. Venue is thus procedural, while jurisdiction
is substantive. In civil cases, venue may be waived or stipulated by the parties. On the other
hand, jurisdiction is granted by law or the Constitution and cannot be waived or stipulated.
Criminal Jurisdiction
It is the authority to hear and try a particular offense and impose the punishment for it.
Elements of Jurisdiction in Criminal cases
1. The nature of the offense and/or the penalty attached thereto
2. The fact that the offense has been committed within the territorial jurisdiction of the
court.
Requisites for a valid exercise of criminal jurisdiction
1. Jurisdiction over the person
2. Jurisdiction over the territory
3. Jurisdiction over the subject matter
Jurisdiction over the subject matter
It is the power to hear and determine cases of the general class to which the proceedings
in question belong and is conferred by the sovereign authority which organizes the court and
defines its powers.
Which law determines the jurisdiction of the court- the law in force at the time of
the commission of the offense or the one in force as of the time when the action is
filed?
Jurisdiction is determined by the law as of the time when the action is filed, not when the
offense was committed. The exception to this rule is where jurisdiction is dependent on the
nature of the position of the accused at the time of the commission of the offense.
Adherence of Jurisdiction
The principle of Adherence of Jurisdiction means that once jurisdiction is vested in the
court, it is retained up to the end of the litigation. It remains with the court until the case is
finally terminated. The exception to this is where a subsequent statue changing the jurisdiction
of a court is given retroactive effect, it can divest a court of jurisdiction over cases already
pending before it before the effectivity of the statute.
Jurisdiction of Municipal Trial Courts in Criminal Cases
1. Exclusive original jurisdiction over all violations of city or municipal ordinances
committed within their respective territorial jurisdiction;
2. Exclusive original jurisdiction over all offenses punishable with imprisonment not
exceeding 6 years regardless of the fine and other accessory penalties and civil liability.
3. Offenses involving damage to property through criminal negligence
4. Where the only penalty provided by law is fine: exclusive original jurisdiction over
offenses punishable with a fine not exceeding P4,000
5. Election offenses; Failure to register or failure to vote
6. Special jurisdiction to hear and decide petitions for a writ of habeas corpus or
application for bail in the province or city where the RTC judge is absent
7. BP 22
Jurisdiction of Regional Trial Courts in criminal cases
1. Exclusive original jurisdiction in all criminal cases not within the exclusive jurisdiction of
any court, tribunal or body, except those falling under the exclusive and concurrent
jurisdiction of the Sandiganbayan. All criminal cases where the penalty is higher than 6
years, including government related cases wherein the accused is not one of those falling
under the jurisdiction of the Sandiganbayan.
2. Other laws which specifically lodge jurisdiction in the RTC:
a. Law on written defamation or libel.
b. Decree on Intellectual Property
c. Dangerous drugs cases except where the offenders are under 16 and there are
Juvenile and Domestic Relations Courts in the Province
3. Appellate jurisdiction over all cases decided by MTCs in their respective territorial
jurisdiction.
4. In areas where there are no family courts, the cases falling under the jurisdiction of
family courts shall be adjudicated by the RTC.
Regular Courts
It refer to civil courts as opposed to military courts or courts martial. Military courts
have no jurisdiction over civilians
Territorial Jurisdiction
The requirement of territorial jurisdiction means that a criminal action should be filed in
the place where the crime was committed, except in those cases provided by Article 2 of the
Revised Penal Code.
 RULE 110
Prosecution of Offenses

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

Section 2. The Complaint or information. — The complaint or information shall

be in writing, in the name of the People of the Philippines and against all persons who appear to
be responsible for the offense involved. (2a)

Section 3. Complaint defined. — A complaint is 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. (3)

Section 4. Information defined. — An information is an accusation in writing

charging a person with an offense, subscribed by the prosecutor and filed with the court. (4a)

Section 5. Who must prosecute criminal actions. — All criminal actions

commenced by a complaint or information shall be prosecuted under the direction and control
of the prosecutor. However, in Municipal Trial Courts or Municipal Circuit Trial Courts when
the prosecutor assigned thereto or to the case is not available, the offended party, any peace
officer, or public officer charged with the enforcement of the law violated may prosecute the
case. This authority cease upon actual intervention of the prosecutor or upon elevation of the
case to the Regional Trial Court. (This Section was repealed by A.M. No. 02-207-SC effective
May 1, 2002)
The crimes of adultery and concubinage shall not be prosecuted except upon a complaint
filed by the offended spouse. The offended party cannot institute criminal prosecution without
including the guilty parties, if both alive, nor, in any case, if the offended party has consented to
the offense or pardoned the offenders.
 The offenses of seduction, abduction and acts of lasciviousness shall not be prosecuted
except upon a 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. If the offended
party dies or becomes incapacitated before she can file the complaint, and she has no known
parents, grandparents or guardian, the State shall initiate the criminal action in her behalf.
The offended party, even if a minor, has the right to initiate the prosecution of the
offenses of seduction, abduction and acts of lasciviousness independently of her parents,
grandparents, or guardian, unless she is incompetent or incapable of doing so. Where the
offended party, who is a minor, fails to file the complaint, her parents, grandparents, or
guardian may file the same. The right to file the action granted to parents, grandparents or
guardian shall be exclusive of all other persons and shall be exercised successively in the order
herein provided, except as stated in the preceding paragraph.
No criminal action for defamation which consists in the imputation of the offenses
mentioned above shall be brought except at the instance of and upon complaint filed by the
offended party. (5a)
The prosecution for violation of special laws shall be governed by the provisions thereof.
(n)

Section 6. Sufficiency of complaint or information. — A complaint or

information is sufficient if it states the name of the accused; the designation of the offense given
by the statute; the acts or omissions complained of as constituting the offense; the name of the
offended party; the approximate date of the commission of the offense; and the place where the
offense was committed.
When an offense is committed by more than one person, all of them shall be included in
the complaint or information. (6a)

Section 7. Name of the accused. — The complaint or information must state the
name and surname of the accused or any appellation or nickname by which he has been or is
known. If his name cannot be ascertained, he must be described under a fictitious name with a
statement that his true name is unknown.
If the true name of the accused is thereafter disclosed by him or appears in some other
manner to the court, such true name shall be inserted in the complaint or information and
record. (7a)

Section 8. Designation of the offense. — The complaint or information shall state

the designation of the offense given by the statute, aver the acts or omissions constituting the
offense, and specify its qualifying and aggravating circumstances. If there is no designation of
the offense, reference shall be made to the section or subsection of the statute punishing it. (8a)
 Section 9. Cause of the accusation. — The acts or omissions complained of as
constituting the offense and the qualifying and aggravating circumstances must be stated in
ordinary and concise language and not necessarily in the language used in the statute but in
terms sufficient to enable a person of common understanding to know what offense is being
charged as well as its qualifying and aggravating circumstances and for the court to pronounce
judgment. (9a)

Section 10. Place of commission of the offense. — The complaint or information

is sufficient if it can be understood from its allegations that the offense was committed or some
of the essential ingredients occurred at some place within the jurisdiction of the court, unless
the particular place where it was committed constitutes an essential element of the offense or is
necessary for its identification. (10a)

Section 11. Date of commission of the offense. — It is not necessary to state in the
complaint or information the precise date the offense was committed except when it is a
material ingredient of the offense. The offense may be alleged to have been committed on a date
as near as possible to the actual date of its commission. (11a)

Section 12. Name of the offended party. — The complaint or information must
state the name and surname of the person against whom or against whose property the offense
was committed, or any appellation or nickname by which such person has been or is known. If
there is no better way of identifying him, he must be described under a fictitious name.
(a) In offenses against property, if the name of the offended party is unknown, the
property must be described with such particularity as to properly identify the offense charged.
(b) If the true name of the person against whom or against whose properly the offense
was committed is thereafter disclosed or ascertained, the court must cause the true name to be
inserted in the complaint or information and the record.
(c) If the offended party is a juridical person, it is sufficient to state its name, or any
name or designation by which it is known or by which it may be identified, without need of
averring that it is a juridical person or that it is organized in accordance with law. (12a)

Section 13. Duplicity of the offense. — A complaint or information must charge but
one offense, except when the law prescribes a single punishment for various offenses. (13a)

Section 14. Amendment or substitution. — A complaint or information may be

amended, in form or in substance, without leave of court, at any time before the accused enters
his plea. After the plea and during the trial, a formal amendment may only be made with leave of
court and when it can be done without causing prejudice to the rights of the accused.
 However, any amendment before plea, which downgrades the nature of the offense
charged in or excludes any accused from the complaint or information, can be made only upon
motion by the prosecutor, with notice to the offended party and with leave of court. The court
shall state its reasons in resolving the motion and copies of its order shall be furnished all
parties, especially the offended party. (n)
If it appears at any time before judgment that a mistake has been made in charging the
proper offense, the court shall dismiss the original complaint or information upon the filing of a
new one charging the proper offense in accordance with section 19, Rule 119, provided the
accused shall not be placed in double jeopardy. The court may require the witnesses to give bail
for their appearance at the trial. (14a)

Section 15. Place where action is to be instituted. —

(a) Subject to existing laws, the criminal action shall be instituted and tried in the court
of the municipality or territory where the offense was committed or where any of its essential
ingredients occurred.
(b) Where an offense is committed in a train, aircraft, or other public or private vehicle
while in the course of its trip, the criminal action shall be instituted and tried in the court of any
municipality or territory where such train, aircraft or other vehicle passed during such its trip,
including the place of its departure and arrival.
(c) Where an offense is committed on board a vessel in the course of its voyage, the
criminal action shall be instituted and tried in the court of the first port of entry or of any
municipality or territory where the vessel passed during such voyage, subject to the generally
accepted principles of international law.
(d) Crimes committed outside the Philippines but punishable under Article 2 of the
Revised Penal Code shall be cognizable by the court where the criminal action is first filed. (15a)

Section 16. Intervention of the offended party in criminal action. — Where

the civil action for recovery of civil liability is instituted in the criminal action pursuant to Rule
111, the offended party may intervene by counsel in the prosecution of the offense. (16a)
 Quiz #1
Objective: Determine and gauge the examinee’s/ reviewee’s
proficiency to the given subject. This self-assessment will guide the
examinee to identify specific areas and subjects which necessitates
supplementary and trough study.
Instruction: This an object type of examination wherein you are
required to supply the answer to the identification questions.
Essay
1. Explain the Rule 110-Section 5.

2. Why do you have to study criminal procedure?

3. When do you call a person a criminal?

4-5. differentiate the criminal law and criminal procedure and give their
similarities.
Identification

________________1. It is the power or authority given by the law to a court or tribunal

to hear and determine certain controversies. It is the power of courts to hear and determine a
controversy involving rights which are demandable and enforceable.
___________________ 2. It refer to civil courts as opposed to military courts or courts
martial. Military courts have no jurisdiction over civilians.
___________________ 3. The complaint or information shall be in writing, in the name of
the People of the Philippines and against all persons who appear to be responsible for the
offense involved.
___________________ 4. The acts or omissions complained of as constituting the offense
and the qualifying and aggravating circumstances must be stated in ordinary and concise
language and not necessarily in the language used in the statute but in terms sufficient to enable
a person of common understanding to know what offense is being charged as well as its
qualifying and aggravating circumstances and for the court to pronounce judgment.
___________________ 5. This is a combination of the inquisitorial and accusatorial
systems. The examinations of the defendants and other persons before the filing of the
complaint or information is inquisitorial.