SAN BEDA UNIVERSITY

College of Law
COURSE SYLLABUS

COURSE CODE:
COURSE TITLE: CRIMINAL PROCEDURE
COURSE CREDIT: 3 UNITS
COURSE PREREQUISITE/S:
FACULTY:
EMAIL ADDRESS:
TERM/ACADEMIC YEAR: FIRST SEMESTER SCHOOL YEAR 2022-2023
DAY/TIME/ROOM/SECTION:
COURSE DELIVERY MODE: FULL ONLINE
CONSULTATION DAY/TIME:

COURSE DESCRIPTION:

A detailed evaluation of the law on criminal procedure, including pertinent special

laws, administrative circulars, and Supreme Court decisions.

COURSE GOALS: Expected College of Law Graduate Attributes (ELGAs)

Know and understand the laws, memorize provisions critical and analytical
thinking, effective in written and oral communication, logical reasoning, and sound
judgment, exercise of proper professional and ethical responsibilities

LEARNING OBJECTIVES/OUTCOMES (LOs):

1. Knowledge/Remembering: define, list, recognize

2. Comprehension/Understanding: describe, explain, identify, recognize
3. Application/Applying: choose, demonstrate, implement, perform
4. Analysis/Analyzing: analyze, categorize, compare, differentiate
5. Evaluation/Evaluating: assess, critique, evaluate, rank, rate
6. Synthesis/Creating: construct, design, formulate, organize, synthesize

Upon completion of the Course Title course, the student is expected to be able to:

Expected College of
Law Graduate LEARNING OUTCOMES (LOs)
Attributes (ELGAs)
Critical and analytical LO1. Exhibit a clear and in-depth understanding of remedial law, and
thinking criminal procedure in particular, in preparation for the bar examination
Effective in written and and practice of legal profession
oral communication LO2. Analyze the practical and policy implications of current and
Logical reasoning proposed statutes, regulations, judicial rulings, legal arguments, and
Sound judgment strategies.
Exercise of proper LO3. Assess client concerns and translating them into responsive legal
professional and ethical arguments and strategies.
responsibilities

ASSESSMENT/GRADING SYSTEM:

The student will be graded according to the following:

1
 Percentage
(Weight is based
Scope of Work
Requirements (Based on the Learning Outcomes) on the
(Individual)
importance of
the LO)
LO1 Class recitations, Quizzes, Case Digests, Individual
LO2 and Examinations Individual
LO3 Individual

Class standing before Midterms Individual 16.67%

Midterm Exams Individual 16.67%
Class Standing after Midterms Individual 33.33%
Final Exams Individual 33.33%
TOTAL 100

LEARNING PLAN:

Design or the structure of the course that includes content/topics to be covered;

learning resources to be used; weekly schedule of the topics to be taken up; and the
learning methods to be utilized that are most likely to lead students towards the
goals and learning outcomes that were defined.

LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)

Course Introduction Syllabus Aug. 1-6, 2022 Lecture

Ÿ Course overview Discussion
Ÿ Course assignments
Ÿ Course requirements

Module 1 August 1-13, Recitation/

2022 (Module 1) Quiz
Criminal Procedure

GENERAL MATTERS
a. Definition of Remedial Law, Criminal
Procedure; Criminal Law vs. Criminal
Procedure; Due Process in Criminal
Procedure
• Alonte v. Savellano, Jr., G.R. No.
131652, 131728, 9 March 1998
• People v. Dapitan G.R. No. 90625,
23 May 1991
b. Jurisdiction in General
1. Original Jurisdiction
2. Appellate Jurisdiction
3. Exclusive/concurrent jurisdiction

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 LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
4. Special Jurisdiction
5. Hierarchy of Courts
• De Lima v. Guerrero G.R. No.
229781, 10 October 2017
6. Adherence of Jurisdiction
c. Requisites for exercise of criminal
jurisdiction
1. Jurisdiction over the Subject
Matter
• SC, CA, RTC, MTC,
Sandiganbayan, CTA Jurisdiction
2. Jurisdiction Over the Person of the
Accused
i. Voluntary Submission
ii. Custody of Law distinguished
from Jurisdiction over the Person
• People v. Go, G.R. No. 168539,
25 March 2014
• Miranda v. Tuliao, G.R. No.
158763, 31 March 2006
• David v. Agbay, G.R. No. 199113,
18 March 2015
• Alva v. Court of Appeals, G.R.
No. 157331, 12 April 2006
3. Territorial Jurisdiction
i. Distinguish Territorial
Jurisdiction from
ii. Venue in Civil Cases (See Rule
4, Rules of Court)
• Art. 2, RPC
• A.M. No. 17-11-03-SC, Rule on
Cybercrime Warrants, Sec. 2.1
iii. Change of Venue to Avoid
Miscarriage of Justice
• Cruz v. Court of Appeals G.R. No.
123340, 29 August 2002
• AAA v. BBB G.R. No. 212448,
11 January 2018
d. Jurisdiction – Jurisdiction over the
Subject Matter
• Guevarra v. Almodovar, G.R. No.
75256, 26 January 1989
• B.P. 129, as amended by RA 7691
• Criminal Cases Covered by
Summary Procedure, OCA
Circular No. 69-2022, Rules on
Expedited Procedures in First
Level Courts

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 LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
• People v. Atienza G.R. No.
188694, 12 January 2014
• P.D. 1606 as amended by
Republic Act 8249; Republic Act
10660 – Sandiganbayan
o Republic Act No. 3019
o Republic Act. No. 1379
o RPC Book 2 - Chapter 2,
Section 2, Title VII
o Republic Act No. 6713
o 8. Executive Order
Numbers 1, 2, 14, 14-A of
1986
• Lacson v. Executive Secretary
G.R. No. 128096, 20 January 1999
• Crisostomo v. Sandiganbayan
G.R. No. 152398, 14 April 2005
• Sanchez v. Demetriou G.R. No.
111771-77, 9 November 1993
• Adaza v. Sandiganbayan G.R. No.
154886, 28 July 2005
• Cariaga v. People G.R. No.
180010, 30 July 2010
• De Lima v. Guerrero G.R. No.
229781, 10 October 2017
• Dizon v. People G.R. No. 227577,
24 January 2018
• Antiporda Jr. v. Garchitoren G.R.
No. 133289, 23 December 1999
• People v. Go, G.R. No. 168539,
25 March 2014
• People v. Benipayo, G.R. No.
155573, 24 April 2009
• Soller v. Sandiganbayan, G.R.
Nos. 144261-62, 9 May 2001
• Serana v. Sandiganbayan, G.R.
No. 162059, 22 January 2008
• Republic Act 8369 – Family
Courts Act
• People v. Dela Torre-Yadao G.R.
Nos. 162144-54, 13 November
2012
• OCA Circular No. 106-2019
• Republic Act 9282 – Court of Tax
Appeals

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 LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
• Bureau of Customs v. Devanadera
G.R. No. 193253, 8 September
2015
• RA 9165, as amended by RA
10640 – Comprehensive
Dangerous Drugs
• Omnibus Election Code -
(Election Offenses
• Republic Act No. 10175 -
Cybercrime
• Republic Act No. 8293 – violation
of Intellectual Property
• Samson v. Daway, G.R. Nos.
160054-55, 21 July 2004
• Court Martial
• Gonzales v. Abaya, G.R. No.
164007, 10 August 2006
e. Jurisdiction determined by allegations
in the Complaint or Information
• People v. Ocaya, G.R. No. L-
47448, 17 May 1978
f. When injunction may be issued to
restrain criminal prosecution
• Arkoncel v. Court of First Instance
of Basilan City, G.R. No. L-
27204, August 29, 1975
• Samson v. Guingona, Jr., G.R. No.
123504, December 14, 2000

Module 2

RULE 110 PROSECUTION OF

OFFENSES
a. Criminal actions, how instituted
• Prescriptive Period of Crimes,
Interruption
• Art. 90, RPC
• Sec. 1, Act No. 3326
• People v. Galano, G.R. No. L-
42925, January 31, 1977
• Sanrio Co. Ltd. v. Lim, G.R. No.
168662, February 19, 2008
• Republic v. Cojuangco, G.R. No.
139930, June 26, 2012
• Zaldivia v. Reyes, Jr., G.R. No.
102342, July 3, 1992

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 LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
• Blameless Ignorance Doctrine,
Sec. 2, Act No. 3326
b. Who may file them, crimes that cannot
be prosecuted de oficio
• Ampatuan v. De Lima G.R. No.
197291, 3 April 2013
• AAA v. BBB G.R. No. 212448,
11 January 2018
• People v. Mariano, G.R. No. L-
47437, 29 September 1983
• Pilapil v. Ibay-Somera, G.R. No.
80116, 30 June 1989
• Cabral v. Bracamonte, G.R. No.
233174, January 23, 2019
c. Control of prosecution
• Crespo v. Mogul G.R. No. L-
53373, 30 June 1987
• Rural Bank of Laguna Inc. v.
Canicon G.R. No. 196015, 27
June 2018
• Alawiya v. Court of Appeals G.R.
No. 164170, 16 April 2009
• Laude v. Ginez-Jabalde G.R. No.
217456, 24 November 2015
• Bumatay v. Bumatay, G.R. No.
191320, April 25, 2017
• Merciales v. Court of Appeals, G.R.
No. 124171, March 18, 2002
d. Sufficiency of complaint or information
• People v. Alba G.R. No. 130523,
29 January 2002
• People v. Dasmarinas y Gonzalez
G.R. No. 203986, 4 October 2017
• Quimvel v. People G.R. No.
214497, 18 April 2017
• People v. Oandasan, Jr., G.R. No.
194605, June 14, 2016
• Evangelista v. People G.R. Nos.
84332-33, 8 May 1996
e. Designation of offense
f. Cause of the accusation
g. Duplicity of the offense; exception
• People v. Jugueta, G.R. No.
202124, 5 April 2016
• Art. 48, RPC; Special Complex
Crime, Compound Crime,
Complex Crime Proper

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 LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
h. Amendment or substitution of
complaint or information
• Ocampo v. Abando G.R. No.
176830, 11 February 2014
• Fronda-Baggao v. People, G.R.
No. 151785, 10 December 2007
• Matalam v. Sandiganbayan, G.R.
No. 165751, 12 April 2005
• Pacoy v. Cajigal, G.R. No. 157472,
28 September 2007
• People v. Tubongbanua, G.R. No.
171271, 31 August 2006
• Soberano v. People, G.R. No.
154629, October 5, 2005
i. Exclusion from Information
• RA 6981 - Witness Protection and
Security Benefit Act
• Quarto v. Marcelo, G.R. No.
169042, 5 October 2011
• Ampatuan v. De Lima G.R. No.
197291, 3 April 2013
j. Venue of criminal actions
• Union Bank of the Philippines v.
People G.R. No. 192565, 28
February 2012
k. Intervention of offended party

RULE 111 PROSECUTION OF CIVIL

ACTION
a. Rule on implied institution of civil
action with criminal action
• Art. 100, RPC
• Bernardo v. People, G.R. No.
182210, 5 October 2015
• Maccay v. Spouses Nobela, G.R.
No. 145823, 31 March 2005
b. When civil action may proceed
independently
• Heirs of Simon v. Chan G.R. No.
157547, 23 February 2011
• Ace Haulers Corp. v. Court of
Appeals, G.R. No. 127934, 23
August 2000
• Carandang v. Santiago, 97 Phil 94
(1955)
• Art. 32-34 and 2176, Civil Code
c. Civil Indemnity

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 LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
• People v. Oandasan, Jr., G.R. No.
194605, June 14, 2016
d. When separate civil action is suspended
• Coscolluela v. Sandiganbayan,
G.R. Nos. 191411 & 191871, July
15, 2013
e. Effect of the death of accused or
convict on civil action
• People v. Bunay y Dam-at G.R.
No. 171268, 14 September 2010
• People v. Layag G.R. No. 214875,
17 October 2016
f. Prejudicial question
• Reyes v. Rossi G.R. No. 159823,
18 February 2013
• Pulido v. People, G.R. No.
220149, July 27, 2021
• San Miguel Properties, Inc., v.
Perez, G.R. No. 166836, 4
September 2013
g. Rule on filing fees in civil action
deemed instituted with the criminal action
• Manantan v. CA G.R. No. 107125,
29 January 2001

Module 3

RULE 112 PRELIMINARY

INVESTIGATION
a. Nature of right
b. Purposes of preliminary investigation
• Serapio v. Sandiganbayan, G.R.
No. 148648, January 28, 2003
• Estrada v. Ombudsman, G.R. Nos.
212140-41, January 21, 2015
c. Who may conduct determination of
existence of probable cause
• RA 10071, Prosecution Service
Act of 2010
• Sec. 265 of the Omnibus Election
Code as amended by Sec. 43 of
RA 9369
• Section 2 of Article IX-C of the
Constitution
• Sec. 11, RA 6770, Ombudsman
Act
• EO No. 1 and 13, Series of 1986

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 LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
• Arroyo v. Department of Justice,
G.R. Nos. 199082, 199085 and
199118, 18 September
• Basuego v. Office of the
Ombudsman, G.R. No. 196842, 9
October 2013
•

i. Effect of Preliminary Investigation

without Authority – Rule 117, Sec.
3(d)
• People v. Garfin, G.R. No. 153176,
March 29, 2004
d. Cases Requiring and Not Requiring
Preliminary Investigation
e. Effect of Improper/Absence of
Preliminary Investigation
• Pilapil v. Sandiganbayan, G.R. No.
101978, April 7, 1993
• Estrada v. Ombudsman, G.R. Nos.
212140-41, January 21, 2015
f. Procedure and Resolution of
Preliminary Investigation
• Motion for Preliminary
Investigation/Reinvestigation -
Prohibited Motions – Revised
Guidelines for Continuous Trial of
Criminal Cases (A.M. No. 15-06-
10-SC)
• Callo-Claridad v. Esteban, G.R.
No. 191567, 20 March 2013
• Soliven v. Makasiar, G.R. No.
82585, 15 November 1988
• Quisay v. People, G.R. No.
216920, 13 January 2016, 27 June
2018
g. Review/ Remedies against Resolution
• Period to File Motion for
Reconsideration
• DOJ Circular No. 70, 2000 NPS Rule
on Appeal, as amended
• Administrative Order No. 07, Rules
of Procedure of the Office of the
Ombudsman, as Amended by
Administrative Order No. 15
• Gatchalian v. Office of the
Ombudsman, G.R. No. 229288,
August 1, 2018

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 LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
• De Lima v. Reyes, G.R. No. 209330,
11 January 2016
h. Distinguish: executive and judicial
determination of probable cause
• Motion for Judicial Determination
of Probable Cause - Prohibited
Motions – Revised Guidelines for
Continuous Trial of Criminal
Cases (A.M. No. 15-06-10-SC)
• Okabe v. Gutierrez, G.R. No.
150185, 27 May 2004
• People v. Ernesto Delos Santos
G.R. No. 220685, 29 November
2017
• Estrada v. Ombudsman, G.R. Nos.
212140-41, January 21, 2015

i. When warrant of arrest may issue

• Requisites for issuance of valid
warrant of arrest
• Marcos v. Cabrera-Faller A.M.
No. RTJ-16-2472 [Formerly OCA
IPI No. 13-4141-RTJ]
• People v. Dela Torre-Yadao, G.R.
No. 162144-54, 13 November
2012
• OCA Circular No. 69-2022, Rules
on Expedited Procedures in First
Level Courts – Criminal Cases
Covered by Summary Procedure
i. Inquest - Rule on Inquest, Article 125 of
the Revised Penal Code
• DOJ Department Circular No. 61,
September 21, 1993 – New Rules
on Inquest
• Preliminary Investigation During
Inquest or After Filing of
Information
• Motion for Preliminary
Investigation/Reinvestigation -
Prohibited Motions – Revised
Guidelines for Continuous Trial of
Criminal Cases (A.M. No. 15-06-
10-SC)
• Revised Guidelines for
Continuous Trial of Criminal
Cases, A.M. No. 15-06-10-SC, III
(2) (b) (ii) and (iii))

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 LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
• RA 11479, Sec. 29 – Anti-
Terrorism Act of 2020;
Implementing Rules of RA 11479,
Rule 9
• Larranaga v. Court of Appeals,
G.R. No. 130644, 13 March 1998
• Leviste v. Alameda, G.R. No.
182677, 3 August 2010
• Integrated Bar of the Philippines
Pangasinan Legal Aid v.
Department of Justice, G.R. No.
232413, July 25, 2017
j. Rule on Precautionary Hold Departure
Order – A.M. No. 18-07-05-SC
k. A.M. No 21-02-01-SC, Rule on the
Destruction and Disposal of Seized
Dangerous Drugs and Instruments Prior to
the filing of An Information

Module 4

RULE 113 ARREST

a. Arrest, how made
• RA 7438, Rights of Persons Arrested,
Custodial Investigation
• Right of attorney/relative to visit
person arrested
• Effects of invalid arrest
• Veridiano v. People, G.R. No.
200370
b. Duty of Arresting Officer, Execution of
Warrant of arrest, Time of Making Arrest
• A.M. No. 21-06-08-SC, Rules on
the Use of Body-Worn Cameras in
the Execution of Warrants
• People v. Givera, G.R. No.
132159, 18 January 2001
c. Arrest without warrant, when lawful
• Remo v. People, G.R. No. 239249,
September 28, 2020
• Go v. Court of Appeals, G.R. No.
101837, 11 February 1992
• Posadas v. Ombudsman, G.R. No.
131492, 29 September 2000
• People v. Cubcubin, Jr., G.R. No.
136267, 10 July 2001
• Pestilos v. Generoso, G.R. No.
182601, 10 November 2014

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 LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
• In re: Harvey v. Santiago, G.R.
No. 82544, 28 June 1988
• Reyes y Capistrano v. People G.R.
No. 229380, 6 June 2018
i. Arrest after escape or rescue
ii. Rule 114, Sec. 23
d. Method of arrest
i. By officer with warrant
ii. By officer without warrant
iii. By private person
• Mallari v. Court of Appeals, G.R.
No. 110569, 9 December 1996
e. Officer to summon assistance while
making an arrest
f. Right to break into building/enclosure

Module 5

RULE 114 BAIL

• A.M. No. 12-11-2-SC – Guidelines for
De-Congesting Holding Jails by
Enforcing the Rights of Accused
Persons to Bail and to Speedy Trial
• Revised Guidelines for Continuous
Trial of Criminal Cases on Bail, A.M.
No. 15-06-10-SC
a. Nature
• Art. II, Sec. 3, Constitution
• Government of Hongkong Special
Administrative Region v. Olalia,
Jr., G.R. No. 153675, 19 April
2007
• Comendador v. De Villa, G.R. No.
93177, 95020, 96948, 97454, 2
August 1991
• People v. Valdez, G.R. No.
216007-09, 8 December 2015
• Lavides v. Court of Appeals, G.R.
No. 129670, 1 February 2000
• Forms of Bail
b. Conditions of Bail
• Lavides v. Court of Appeals, G.R.
No. 129670, 1 February 2000
c. When a matter of right
d. When a matter of discretion; Bail-
Negating Circumstances
• Leviste v. Court of Appeals, G.R.
No. 189122, 17 March 2010

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 LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
• People v. Fitzgerald, G.R. No.
149723, 27 October 2006
• Enrile v. Sandiganbayan, G.R. No.
213847, 18 August 2015
• Trillanes IV v. Pimentel, Sr., G.R.
No. 179817, 27 June 2008
• Janet Lim Napoles v.
Sandiganbayan G.R. No. 224162,
7 November 2017
e. Bail, neither a matter of right nor
discretion; Non-bailable
• Padilla v. Court of Appeals, G.R.
No. 121917, July 31, 1996
• People v. Nitcha, G.R. No.
113517, January 19, 1995
f. Where bail is filed
• Panganiban v. Cupin-Tesorero,
A.M. No. MTJ-02-1454, 27
August 2002
g. Hearing of application for bail
• Villanueva v. Buaya, A.M. No.
RTJ-08-2131, 22 November 2010
• Burden of Proof in Bail
Application
h. Guidelines in fixing amount of bail
i. Bail when not required/ Reduced Bail or
Recognizance
• Adalim-White v. Bugtas, A.M.
No. RTJ-02-1738, November 17,
2005
j. Increase or reduction of bail
• Santos v. Lorenzo, A.M. No. RTJ-
02-1702, 20 August 2002
j. Forfeiture and cancellation of bail
• Esteban v. Alhamra, G.R. No.
135012, 7 September 2004
k. Corporate Surety
l. Property Bond
• Qualifications of Sureties in Property
Bond
m. Cash Deposit
• Esteban v. Alhambra, G.R. No
135012, September 7, 2004
n. Recognizance
• RA 10389 – Recognizance Act of
2012
o. Bail before finality of Judgment

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 LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
• PD 968 as amended by RA 10707 –
Probation Law
p. Application not a bar to objections in
illegal arrest, lack of or irregular
preliminary investigation
• Leviste v. Alameda, G.R. No.
182677, August 3, 2010

Module 6

RULE 115 - RIGHTS OF THE

ACCUSED
a. Right to be presumed innocent
• People v. Quiñones, G.R. No.
250908, November 23, 2020
b. Right to be informed of nature and
cause of accusation
c. Right to counsel/ presence in in every
stage of proceedings
• Custodial Investigation – RA 7438
• People v. Lugnasin, G.R. No.
208404, 24 February 2016
• People v. Baloloy, G.R. No.
140740, 12 April 2002
• People v. Nicandro, G.R. No. L-
59378, 11 February 1986
• Perez v. People, G.R. No. 164763,
12 February 2008
• Ibañez v. People, G.R. No.
190798, 27 January 2016
• Spouses Telan v. Court of
Appeals, G.R. No. 95026, 4
October 1991
• Villaflor v. Summers, 41 Phil. 62
(1920)
• Beltran v. Samson, 53 Phil 570
(1929)
• Herrera v. Alba, G.R. No. 148220,
15 June 2005
d. Right to be silent/ to testify/not to be
compelled to be a witness against himself
• People v. Ayson, G.R. No. 85215,
7 July 1989
e. Right to confront and cross-examine
witnesses
• People v. Monje, G.R. No.
146689, 27 September 2002

14
 LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
f. Right to compulsory process to secure
attendance of witness
g. Right to have speedy trial
• Domondon v. First Division,
Sandiganbayan, G.R. No. 166606,
29 November 2005
• Coscolluela v. Sandiganbayan,
G.R. Nos. 191411 & 191871, July
15, 2013
• Abadia v. Court of Appeals, G.R.
No. 105597, 23 September 1994
• Sec. 9-14, A.M. No. 12-11-2-SC -
– Guidelines for De-Congesting
Holding Jails by Enforcing the
Rights of Accused Persons to Bail
and to Speedy Trial
h. Right to appeal
• People v. De los Reyes, G.R. Nos.
130714 & 139634, 139331 &
140845-46, October 16, 2012

MIDTERM EXAMINATION

Module 7

RULE 116 ARRAIGNMENT AND

PLEA
• Arraignment - Revised Guidelines
for Continuous Trial of Criminal
Cases (A.M. No. 15-06-10-SC)
a. How made; right to counsel
• People v. Pangilinan, G.R. No.
171020, 14 March 2007
• When there may be waiver of
reading of information - Revised
Guidelines for Continuous Trial of
Criminal Cases (A.M. No. 15-06-
10-SC)
• Prohibited Motions that will be
denied before arraignment -
Revised Guidelines for
Continuous Trial of Criminal
Cases (A.M. No. 15-06-10-SC)
c. Conditional arraignment
• Braza v. Sandiganbayan, G.R. No.
195032, 20 February 2013

15
 LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
• Sec. 2, Rule VIII, 2018 Revised
Internal Rules of the
Sandiganbayan
d. Plea of guilty to a lesser offense/ Plea
Bargaining
• A.M. No. 18-03-16-SC –
Adoption of the Plea Bargaining
Framework in Drugs Cases
• Clarificatory Guidelines on Plea-
Bargaining in Drugs Cases
• Salvador Estipona, Jr. v. Hon.
Frank E. Lobrigo, G.R. No.
226679, 15 August 2017
• Daan v. Sandiganbayan, G.R. Nos.
163972-77, 28 March 2008
e. Plea of guilty to a capital offense
• People v. Francisco, G.R. No.
192818, 17 November 2010
• People v. Documento, G.R. No.
188706, 17 March 2010
f. Plea of guilty to a non-capital offense
• Bug-atan v. People, G.R. No.
175195, 15 September 2010
• Revised Guidelines for
Continuous Trial of Criminal
Cases (A.M. No. 15-06-10-SC)
g. Withdrawal of improvident plea of
guilty
• People v. Baharan, G.R. No.
188314, 10 January 2011
h. Bill of Particulars
• People v. Desuyo, G.R. No.
140406, 17 April 2002
• Enrile v. People, G.R. No.
213455, August 11, 2015
i. Production or inspection of material
evidence in possession of prosecution
j. Suspension of arraignment
• Hao v. People, G.R. No. 183345,
17 September 2014

Module 8
RULE 117 MOTION TO QUASH
a. Motion to Quash - Revised Guidelines
for Continuous Trial of Criminal Cases
(A.M. No. 15-06-10-SC)
b. Grounds, Omnibus Motion Rule

16
 LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
• Coscolluela v. Sandiganbayan,
G.R. Nos. 191411 & 191871, July
15, 2013
• People v. Bayabos, G.R. Nos.
171222 & 174786, 18 February
2015
• In Re Salibo v, Warden, G.R. No.
197597, 8 April 2015
• People v. Tira, G.R. No. 139615,
28 May 2004
• Quisay v. People, G.R. No.
216920, 13 January 2016
• Validity of Information –
Presuspension Hearing for Sec.
13, RA 3019 Cases - Miguel v.
Sandiganbayan, G.R. No. 172035,
4 July 2012
c. When facts not stated in Information,
by exception, may be appreciated in
motion to quash
• Antone v. Beronilla, G.R. No.
183824, December 8, 2010
d. Failure to Raise Ground Before Plea –
Not a Waiver
• Shyunliong v. Rivera, G.R. No.
200148, 4 June 2014
• Quisay v. People, G.R. No.
216920, 13 January 2016
e. Distinguish from demurrer to evidence
– Rule 119, Sec. 23
f. Amendment of Information instead of
Quashal
d. Effects of sustaining/denying the
motion to quash
• Cagang v. Sandiganbayan G.R.
No. 206438 & 206458, 31 July
2018
• Acharon v. Purisima, G.R. No. L-
23731, 26 February 1965
e. Exception to the rule that sustaining the
motion is not a bar to another prosecution
f. Double jeopardy
• Requisites
• People v. Nitafan, G.R. Nos.
107964-66, 1 February 1999
• Antone v. Beronilla, G.R. No.
183824, December 8, 2010

17
 LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
• Res Judicata not applicable in
criminal proceedings
• People v. Escobar G.R. No.
214300, 26 July 2017
• Macapagal-Arroyo v. People G.R.
Nos. 220598 & 220953, 18 April
2017
• Villareal v. Alga G.R. No.
166995, 13 January 2014
• Ivler v. Modesto-San Pedro, G.R.
No. 172716, 17 November 2010
• Merciales v. Court of Appeals,
G.R. No. 124171, March 18, 2002
g. Provisional dismissal
• Sec. 9-14, A.M. No. 12-11-2-SC -
Guidelines for De-Congesting
Holding Jails by Enforcing the
Rights of Accused Persons to Bail
and to Speedy Trial
• Bonsubre Jr. v. Yerro G.R. No.
205952, 11 February 2015
• People v. Lacson G.R. No.
149453, 7 October 2003
• Co v. New Prosperity Plastic
Products, G.R. No. 183994, June
30, 2014

Module 9
Rule 118 PRE-TRIAL
a. Mediation on Civil Liability - Revised
Guidelines for Continuous Trial of
Criminal Cases (A.M. No. 15-06-10-SC)
b. Matters to be considered during pre-
trial
c. What the court should do when
prosecution and offended party agree to
the plea offered by the accused
d. Pre-trial agreement
e. Non-appearance during pre-trial
f. Pre-trial order

Module 10
RULE 119 TRIAL
a. Meritorious Motions, Trial, Revised
Guidelines for Continuous Trial of
Criminal Cases (A.M. No. 15-06-10-SC)

18
 LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
b. Form of Testimony, Revised
Guidelines for Continuous Trial of
Criminal Cases (A.M. No. 15-06-10-SC)
• Judicial Affidavit Rule, A.M. No.
12-8-8-SC, Sec. 9
• Rules on Expedited Procedures in
First Level Courts, OCA Circular
No. 69-2022, Use of Judicial
Affidavits and Sworn Statements
in Criminal Cases under Summary
Procedure
c. Instances when presence of accused is
required by law
d. Speedy Trial and Periods of delay
excluded in computing;
i. Remedy when accused is not brought
to trial within the prescribed period
• Bonsubre Jr. v. Yerro G.R. No.
205952, 11 February 2015
• Magno v. People G.R. No.
230657, 14 March 2018
e. Requisite before trial can be suspended
on account of absence of witness
• Motion for Postponement, Revised
Guidelines for Continuous Trial of
Criminal Cases (A.M. No. 15-06-
10-SC)
f. Order of Trial, Modification of
Order/Reverse Trial
g. Trial in absentia
• Estrada v. People, G.R. No.
162371, 25 August 2005
h. Requisites for discharge of accused to
become a state witness; Compare with RA
6981
• Ampatuan, Jr., v. De Lima, G.R.
No. 197291, 3 April 2013
• People v. Sunga, G.R. No.
126029, 27 March 2003
i. Effects of discharge of accused as state
witness
• People v. Dominguez y Santos
G.R. No. 229420, 19 February
2018
• People v. De Guzman, G.R. No.
118670, 22 February 2000
• Merciales v. Court of Appeals,
G.R. No. 124171, 18 March 2002

19
 LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
j. Examination of Witness for the
Prosecution/ Examination of Defense
Witness
• Go et al v. People G.R. No.
185527, 18 July 2012
• Jaylo v. Sandiganbayan G.R. No.
111502-04, 22 November 2001
• People v. Sergio, G.R. No.
240053, 9 October 2019
k. Mistake made in charging proper
offense
• Pacoy v. Cajigal, G.R. No.
157472, 28 September 2007
l. Demurrer to evidence
• Valencia v. Sandiganbayan, G.R.
No. 165996, 17 October 2005
• People v. Sandiganbayan, G.R.
No. 153304-05, 7 February 2012
• Arroyo v. People, G.R. No.
220598 and 220953, 19 July 2016
• Hun Hyung Park v. Eung Won
Choi, G.R. No. 165496, February
12, 2007
m. Reopening of Case
• Rivac v. People G.R. No. 224673,
22 January 2018
• Hernan v. Sandiganbayan G.R.
No. 217874, 5 December 2017
n. A.M. No. 20-12-01-SC Proposed
Guidelines on the Conduct of
Videoconferencing

Module 11

RULE 120 JUDGMENT

a. Requisites of a valid judgment, Parts
and Contents of judgment
• Cobarrubias v. People, G.R. No.
160610, 14 August 2009
• People v. Labao, G.R. No.
102826, 17 March 1993
• People v. CFI of Quezon, Branch
X, G.R. No. L-48817, 29 October
1993
• Dalaruya v. Oliva G.R. No.
210148, 8 December 2014
d. Judgment for Two or More Offenses

20
 LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
e. Judgment in case of Variance Between
Allegation and Proof – Variance Doctrine
• Sevilla v. People, G.R. No.
194390, 13 August 2014
• People v. X X X, G.R. No.
226467, October 17, 2018
f. When Offense includes or is included in
another
• Malabanan v. Sandiganbayan G.R.
No. 186584-86 & 198598, 2
August 2017
g. Promulgation of judgment; instances of
promulgation of judgment / in absentia
• Estrada v. People, G.R. No.
162371, 25 August 2005
• Villena v. People, G.R. No.
184091, 31 January 2011
• Almuete v. People G.R. No.
179611, 12 March 2013
h. Modification of Judgment/ Finality of
Judgement or Immutability of Final
Judgments and its exceptions
• Probation Law – Republic Act No.
10707
• Dimakuta v. People, G.R. No.
206513, 20 October 2015
• Bigler v. People, G.R. No.
210972, 2 March 2016
• Rule on DNA Evidence, A.M. No.
06-11-05-SC, Sec. 6 and 10
• People v. Sandiganbayan (Fourth
Division), G.R. No. 228281, June
14, 2021
• Escobar v. People G.R. No.
205576, 20 November 2017
j. A.M. No. 20-06-14-SC Guidelines in
the Imposition of Community Service as
Penalty in Lieu of Imprisonment

Module 12

RULE 121 NEW TRIAL OR

RECONSIDERATION
a. Grounds for new trial
• Senit v. People, G.R. No. 192914,
11 January 2016
• Abubakar v. People G.R. No.
202408 & 202409, 27 June 2018

21
 LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
b. Requisites before a new trial may be
granted on ground of newly discovered
evidence
• People v. Bongalon, G.R. No.
125025, 23 January 2002
c. Grounds for reconsideration
d. Effects of granting a new trial or
reconsideration

Module 13

RULES 122-125 APPEALS

A.M. No. 13-07-05-SB - 2018 Revised-
Internal Rules of the Sandiganbayan
a. Effect of an appeal
• People v. Libre G.R. No. 235980,
20 August 2018
b. Period to appeal/ Fresh Period Rule
• Yu v. Samson-Tatad, G.R. No.
170979, 9 February 2011
c. How appeal taken, where to appeal
i. MTC to RTC, Notice of Appeal
• Chua v. People of the Philippines
G.R. No. 195248, 22 November
2017
ii. RTC (original jurisdiction) to CA,
Notice of Appeal
iii. RTC (original jurisdiction) to
Sandiganbayan, Notice of Appeal
iv. RTC (appellate jurisdiction) to CA,
v. Petition for Review, Rule 42
vi. RTC (appellate jurisdiction) to
Sandiganbayan, Petition for Review
vii. CA to SC, Notice of Appeal
• People v. Mateo, G.R. Nos.
147678-87, 7 July 2004
• People v. Olpindo y Reyes, G.R.
No. 252861, February 15, 2022
• Antone v. People G.R. No.
225146, 20 November 2017
viii. CA to SC, Petition for Review on
Certiorari, Rule 45
• Batistis v. People G.R. No.
181571, 16 December 2019
ix. Sandiganbayan to SC (original
jurisdiction), Notice of Appeal

22
 LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
x. Sandiganyaban (appellate
jurisdiction) to SC Petition for Review
on Certiorari, Rule 45
• Cedeno v. People G.R. No.
193020 & 193040-193042, 8
November 2017
xi. Certification of Cases to the SC
xii. Rule 65, In case of Acquittal
• People v. Sandiganbayan (Fourth
Division), G.R. No. 228281, June
14, 2021
d. Who may appeal
• Personal Collection Direct Selling
Inc v. Carandang G.R. No.
206958, 8 November 2017
• Cu v. Small Business Guarantee
and Finance Corporation G.R. No.
211222, 7 August 2017
• Philippine Rabbit Bus Lines, Inc.
v. People, G.R. No. 147703, April
14, 2004
• Bumatay v. Bumatay, G.R. No.
191320, April 25, 2017
• Merciales v. Court of Appeals,
G.R. No. 124171, March 18, 2002
• Hun Hyung Park v. Eung Won
Choi, G.R. No. 165496, February
12, 2007
d. Effect of appeal by any of several
accused
• People v. Libre G.R. No. 235980,
20 August 2018
• People v. Diaz y Malinao, G.R.
No. 219174, November 11, 2020
e. Grounds for dismissal of appeal
• Usares v. People G.R. No.
209047, 7 January 2019
f. New Trial in the CA
• People v. Fitzgerald, G.R. No.
149723, October 27, 2006

Module 14

RULE 126 SEARCH AND SEIZURE

a. Nature of search warrant

b. Distinguish from warrant of arrest
c. Application for search warrant, where

23
 LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
filed
• Re: Report on the Preliminary
Results of Spot Audit in the RTC
Branch 170 A.M. No. 16-05-142-
RTC, 5 September 2017
• Laud v. People, G.R. No. 199032,
19 November 2014
d. Requisites for issuing search warrant;
Probable cause for issuance of search
warrant; Personal examination by judge of
the applicant and witnesses
• Dimal and Castillo v. People G.R.
No. 216922, 18 April 2018
• People v. Pastrana & Abad G.R.
No. 196045, 21 February 2018
• Sy Tan v. Sy Tiong Gue, G.R. No.
174570, 15 December 2010
e. Particularity of place to be searched and
things to be seized
• People v. Court of Appeals, G.R.
No. 126379, 26 June 1998
• People v. Estrada, G.R. No.
124461, 25 September 1998
f. Personal property to be seized
• People v. Salanguit, G.R. Nos.
133254-55, 19 April 2001
• Nogales v. People, G.R. No.
191080, 21 November 2011
• Philippine Drug Enforcement
Agency v. Brodett, G.R. No.
196390, 28 September 2011
g. Implementation of Search Warrant
• Knock and Announce Principle
• Dabon v. People G.R. No. 208775,
22 January 2018
• Bulauitan y Mauayan v. People,
G.R. No. 218891, September 19,
2016
• People v. Huang Zhen Hua, G.R.
No. 139301, 29 September 2004
• Quashal of Search Warrant
• WHO v. Aquino, G.R. No. L-
35131, 29 November 1972
• Worldwide Web Corp. v. People,
G.R. No. 161106, 161266, 13
January 2014

24
 LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
• Ogayon v. People, G.R. No.
188794, 2 September 2015
h. Exceptions to search warrant
requirement
i. Search incidental to lawful arrest
• Vaporoso v. People, G.R. No.
238659, June 3, 2019
• Sanchez v. People, G.R. No.
204589, 19 November 2014
ii. Consented search
• People v. Cogaed, G.R. No.
200334, 30 July 2014
iii. Search of moving vehicle
• People v. Comprado y Bronola
G.R. No. 213225, 4 April 2018
• Saluday v. People, G.R. No.
215305, 3 April 2018
• People v. Lo Ho Wing, G.R. No.
88017, 21 January 1991
• Caballes v. Court of Appeals, G.R.
No. 136292, 15 January 2002
iv. Check points; body checks in airport
• People v. Manago y Acut, G.R.
No. 212340, August 17, 2016
• Caballes v. Court of Appeals, G.R.
No. 136292, 15 January 2002
v. Plain view situation
• People v. Acosta, G.R. No.
238865, January 28, 2019
vi. Stop and frisk situation
• Comerciante y Gonzales v.
People, G.R. No. 205926, July 22,
2015
• Esquillo v. People, G.R. No.
182010, 25 August 2010
vii. Enforcement of custom laws
i. Chain of Custody in Drug Cases
• People v. Fatallo y Alecarte, G.R.
No. 218805, November 7, 2018
• People v. Ramos y Cabanatan,
G.R. No. 233744, February 28,
2018
j. Remedies from unlawful search and
seizure
k. Cybercrime warrants
i. Scope and applicability
ii. General provisions

25
 LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
iii. Preservation of computer data
iv. Disclosure of computer data
v. Interception of computer data
vi. Search, seizure, and examination of
computer data
vii. Custody of computer data
viii. Destruction of computer data

Module 15
RULE 127 PROVISIONAL REMEDIES
IN CRIMINAL CASES
• Philippine Drug Enforcement
Agency v. Brodett, G.R. No.
196390, September 28, 2011

Final Examinations

POLICIES:
Policies and values that the teacher might want to communicate through the
syllabus concerning attendance, participation, academic integrity (e.g. plagiarism,
cheating, fabrication), missing assignments, missed exams, recording classroom
activities, online behavior during synchronous sessions, etc.
1. Attendance will be checked every meeting.
2. Students who are called to recite but absent shall get a grade of 60.
3. Students who missed a quiz will get a grade of 60.
4. Students are prohibited from recording the online class as this is a violation of the
Copyright of the Professor.

Prepared by:

Justice Oscar C. Herrera, Jr.

Faculty, College of Law

Atty. Plaridel J. Bohol II

Faculty, College of Law

Atty. Francessca Lourdes M. Señga

Vice Dean, College of Law

Approved by:

Atty. Marciano G. Delson

Dean, College of Law

Date Prepared by the Faculty: July 2022

26