CRIMINAL PROCEDURE

Syllabus
Lecturer: Prosecutor Remiel O. Nibungco

A. GENERAL MATTERS
1. Batas Pambansa Blg. 129, as amended
2. Jurisdiction of criminal courts
3. Requisites for exercise of criminal jurisdiction
4. The Revised Katarungang Pambarangay Law

B. PROSECUTION OF OFFENSES
1. Criminal actions, how instituted
2. Sufficiency of complaint or information
3. Designation of offense
4. Cause of the accusation
5. Duplicity of the offense; exception
6. Amendment or substitution of complaint or information
7. Venue of criminal actions
8. Intervention of offended party

C. PROSECUTION OF CIVIL ACTION

1. Rule on implied institution of civil action with criminal action
2. When civil action may proceed independently
3. When separate civil action is suspended
4. Effect of the death of accused or convict on civil action
5. Prejudicial question

D. PRELIMINARY INVESTIGATION
1. Nature and Purposes of preliminary investigation
2. Officers authorized to conduct preliminary investigations
3. Resolution of investigation prosecutor and its review
4. When warrant of arrest may issue
5. Cases not requiring a preliminary investigation
6. Remedies of accused if there was no preliminary investigation
7. Inquest

E. ARREST
1. Arrest, how made
2. Arrest without warrant, when lawful
3. Method of arrest
4. Requisites of a valid warrant of arrest
5. Determination of probable cause for issuance of warrant of arrest

F. BAIL
1. Nature
2. When a matter of right; exceptions
3. When a matter of discretion
4. Hearing of application for bail in capital offenses
5. Guidelines in fixing amount of bail
6. Bail when not required
7. Increase or reduction of bail
8. Forfeiture and cancellation of bail
9. Application not a bar to objections in illegal arrest, lack of or irregular preliminary
investigation
G. ARRAIGNMENT AND PLEA
1. How made
2. When should plea of not guilty be entered
3. When may accused enter a plea of guilty to a lesser offense
4. Accused plead guilty to capital offense, what the court should do
5. Searching inquiry
6. Improvident plea

H. MOTION TO QUASH
1. Grounds
2. Distinguish from demurrer to evidence
3. Effects of sustaining the motion to quash
4. Double jeopardy
5. Provisional dismissal
6. Failure to move to quash

I. PRE-TRIAL
1. Matters to be considered during pre-trial
2. Plea Bargaining
3. Pre-trial agreement
4. Non-appearance during pre-trial
5. Pre-trial order

J. TRIAL
1. Rights of the accused at the trial
2. Instances when presence of accused is required by law
3. Requisite before trial can be suspended on account of absence of witness
3. Trial in absentia
4. Remedy when accused is not brought to trial within the prescribed period
5. Trial of several accused
6. Requisites for discharge of accused to become a state witness
7. Effects of discharge of accused as state witness
8. Demurrer to evidence
9. Guidelines on continuous trial
a. Applicability
b. Prohibited and meritorious motions
c. Arraignment and pre-trial
d. Trial; memoranda
e. Promulgation

K. JUDGMENT
1. Requisites of a judgment
2. Contents of judgment
3. Promulgation of judgment; instances of promulgation of judgment / in absentia
4. Instances when judgment becomes final

L. NEW TRIAL OR RECONSIDERATION

1. Grounds for new trial
2. Grounds for reconsideration
3. Requisites before a new trial may be granted on ground of newly discovered
evidence
4. Effects of granting a new trial or reconsideration
 M. APPEAL
1. Effect of an appeal
2. Where to appeal
3. How appeal taken
4. Effect of appeal by any of several accused
5. Grounds for dismissal of appeal

N. SEARCH AND SEIZURE

1. Nature of search warrant
2. Distinguish from warrant of arrest
3. Application for search warrant, where filed
4. Probable cause for issuance of search warrant
5. Personal examination by judge of the applicant and witnesses
6. Particularity of place to be searched and things to be seized
7. Personal property to be seized
8. Exceptions to search warrant requirement
a. Search incidental to lawful arrest
b. Consented search
c. Search of moving vehicle
d. Check points; body checks in airport
e. Plain view situation
f. Stop and frisk situation
g. Enforcement of custom laws
9. Remedies from unlawful search and seizure
10. Cybercrime warrants
a. Scope and applicability
b. General provisions
c. Preservation of computer data
d. Disclosure of computer data
e. Interception of computer data
f. Search, seizure, and examination of computer data
g. Custody of computer data
h. Destruction of computer data

0. PROVISIONAL REMEDIES IN CRIMINAL CASES

P. 1991 REVISED RULES ON SUMMARY PROCEDURE

Q. RULES OF PROCEDURE IN ENVIRONMENTAL CASES

Cases
 Crespo vs. Mogul 151 SCRA 246
 Salonga vs. Paño 134 SCRA 438
 Landbank of the Philippines vs. Belisata, G.R. No. 170298, June 26, 2007
 Isip vs. People, G.R. No.. 170298, June 26, 2007
 Mondejar vs. Buban, A.M. No. MTJ-01-1349, July 12, 2001
 Foz vs. People, October 9, 2009, G.R. No. 167764
 People vs. Sandiganbayan, August 25, 2009, G.R. No. 167304
 Serrana vs. Sandiganbayan, January 22, 2008, G.R. 162059
 Esquivel vs. Ombudsman, September 17, 2002, G.R. 137237
 Department of Justice vs. Liwag, February 11, 2005, G.R. No. 149311
 Lazatin vs. Desierto, June 5, 2009, G.R. No. 147097
 Castro vs. Deloria, January 27, 2009, G.R. No. 163586
 Antonino vs. Desierto, December 18, 2008, G.R. No. 144492
 Honasan vs. DOJ, G.R. No. 159747, April 13, 2004
 Sesbreno vs. Aglugub, February 28, 2005, A.M. No. MTJ 05-1581
 Punzalan vs. de la Pena, July 21, 2004, G.R. No. 158543
 People vs. Duca, October 9, 2009, G.R. No. 171175
 People vs. Dimaano, 469 SCRA 647
 Sasot vs. People, 462 SCRA 138
 Lasoy vs. Zenarosa, 455 SCRA 360
 Saludga vs. Sandiganbayan, G.R. No. 184537, April 23, 2010
 Bonifacio vs. RTC of Makati, G.R. No. 184800, May 5, 2010
 Ramiscal vs. Sandiganbayan, G.R. Nos. 172476-99, September
15, 2010
 Panaguiton vs. DOJ, G.R. No. 167571, November 25, 2008
 Pinote vs. Ayco, 477 SCRA 409 
 Bun Tiong vs. Balboa, G.R. No. 158177, January 28, 2008
 Community Rural Bank vs. Talavera, 455 SCRA 34
 Serag vs. Court of Appeals, 473 SCRA 590
 Soriano vs. People, G.R. No.162336, February 1, 2010
 Samuel Lee vs. KBC Bank, G.R. No. 164673, January 15, 2011
 Okabe vs. Gutierrez, May 27, 2004, G.R.No. 150185
 People vs. De Leon , G.R. No. 169858, January 26, 2010
 People vs. Laguio, March 16, 2007, G.R. No. 128587
 Valdez vs. People, G.R.170180, November 23, 2007
 Rolito Go vs. Court of Appeals, G.R.No.101837, February 11, 1992
 Mabutas vs. Perello, A.M.-RTJ No. 03-1817, June 8, 2005.
 Leviste vs. Court of Appeals, G.R. No.181922, March 17, 2010
 Domingo vs. Pagayatan, A.M.-RTJ No.03-1751, June 10, 2003
 Lachica vs. Tormis, A.M.-RTJ No. 05-1609September 20, 2005
 Serapio vs. Sandiganbayan, G.R. No. 148468, January 28, 2003
 Crisostomo vs. Sandiganbayan, 456 SCRA 45
 Andrado vs. People, 452 SCRA 685
 Olivarez vs. Court of Appeals, 465 SCRA 465
 Libuit vs. People, 469 SCRA 510
 Magtolis vs. Salud, 469 SCRA 439
 Herrera vs. Alba, 460 SCRA 197
 Yulo vs. People, 452 SCRA 705
 Quisay vs. People, G.R. No. 216920, January 13, 2016
 Estipona vs. Lobrigo, G.R. No. 226679, August 15, 2017
 People vs. Bronola, G.R. No. 213225, April 4, 2018
 People vs. Alejandro, G.R. No. 223009, January 11, 2018