CALAYCAY — NOTES ON CRIMINAL PROCEDURE ATTY. ZSARMAINE LEES. PRADES BASIC CONCEPTS Define Criminal Procedure. ~ reais fo be ello -a generic term to describe és Law Dictionary, Fifth Esition, 1979). ‘What is Procedural law, as applied to criminal Mer gocdral kw, 2 applied to cinéma iw, (People ws ‘Lacson, 400 SCRA 267, 306). a case wil be file agairet com ‘he Salts of procedure Sn our jurisdiction is | not inquisitorial (Queto (Antiporda, Jr. vs Montalban, 348 SCRA 693, 702). ‘What are the requisites for the Exercise of (Crimninal Jurisdiction? pee Definition of the following: Jurtticion verte subject matter = cn srch >) as ‘determine a particular criminal case. [Jurisdiction over the Jurisdiction over the person of the accused How is jurisdiction over the subject matter in criminal cases conferred? How is jurisdiction over the person of the accused acquit How is jurisdiction over the subject matter determined? = it is determined by the allegations of the It is not determined by the evidence presented by the parties at the trial or by the defenses set up by the defendant or the ws People, 16 SCRA 871, 875). vad | {sr SS ECUTION OF OFFENSES (Rule 10) “What is the purpose of criminal action? - in criminal cases where the offended party is the State, the interest of the private complainant or led party is limited to the civil abificy, thus, in the prosecution of the offense, the complainant's role is limited only to that of 2 witness for the : me SCRA M3, 15% Cited in Bautista vs 684 SCRA 521, 536, GR. No. {9754 Osher 4.200), How are criminal actions instituted? a The imsticution of a criminal action depends ee wher ees s one which (Sec. 1, ale 10, Rues of Cour). duyjors amanthy LAay _- Where a prelimiriary investigation is a cnimnenatiiesmandiaeass sms RS A SA RS STS SARS newtsNo direct filing of an i complaint with the Regional Trial Court under Rule 110. Whe com direct filing in cones where prfiminary Rule 10, Rule sof Court) ‘What is the effect of imstitution of the criminal action on the prescriptive period? ~ the institution of the criminal action ‘What are the consequences of the rule that a criminal action is prosecuted under the direction and control of the public prosecutor? the exercise of his ‘power and discretion to: Prosecution of a criminal action in the Municipal ‘Trial Court or Municipal Circuit Trial Court shall also be prosecuted under the direction and control of the prosecutor. However, when the [prosecutor assigned is not available, the action may ‘be prosecuted by: (a) the offended party. (b) any peace office, (c) or public officer charged with the enforcement of the law violated (OCA Circular No. by the Office of the Solicitor General (OSG) in appeas before the CA oF SC jurisprudence bolls that of there is 2 dinmisel of a cximinal case by the taal court or if there is an acquittal of the accused, it is only the (OSG that may bring an appeal on the criminal ‘aspect representing the People. Exception: In “all cases elevated to the Sandiganbayan and from the Sandiganbayan to the Supreme Court. the Office of the Ombudsman, through its special Philippines, Executive Order Nos. 1, 2, 14, and 1A, issued in 1986" (People vs Sandiganbayan {First and Third Divisions}, 712 SCRA 359, 403). Intervention of the offended party * every person criminally liable for a felony is also civilly Hable (Art 100, RPC).‘When a private prosecutor may prosecute a case even in the absence of 2 he is authorized ae ization shall be sgiven by either the Chief of the Prosecution ‘or the Regional State Prosecutor. The written authorization in order to be given effect must, however be approved by the court (Sec. 5, Rule 10, Rules of Court; A M. No. 02-2-07-SC, effective May 1.2002). Intervention of the offended party in the [prosecution of the criminal action ~ intervention is only allowed where the civil action for the recovery of the civil lability arising from the offense charged is instinuted in the criminal action pursuant to Rule Il (Sec. 16. Rule MO, Rules of Court). - offended party may not intervene in the prosecution of the offense through a private Prosccutor if the offended party (a) waives the civil action, (b) reserves the right to institute it separately, or (c) institutes the civil action prior to ‘the criminal action. Effect of the filing of an independent civil action con the right of the offended party to intervene in the prosecution of the offense -the institution of an independent — civil ‘action does not deprive of the offended party of the ight to intervene in the civil action through 2 ‘private prosecutor. (Cases where the criminal action also gives rise to an independent civil action a. Physical injuries b Froud c. Defamation When the act constituting a crime also constitutes a quasi-delict. Prosecution of “PRIVATE CRIMES” ~ shall not be prosecuted except upon complaint filed by the offended party or her parents, grandparents or guardian, nor, in any ‘case, theif the offender has expressly pardoned any of them (Sec. 5, Rule 110, Rules of Court). However, ifthe offended party dies or becomes ‘incapacitated before she can file a complaint, and she has no known parents, grandparents ‘or guardian, the State shall initiate the criminal ‘action in her behalf (Sec. 5. Rule 110, Rules of Court). © Even a minor has the right to initiate the Prosecution of the offense, independently of her parents, grandparents or guardian except if she is incompetent or incapable of doing so (Gec. 5, Rue Il, Rules of Court). ‘THE COMPLAINT OR INFORMATION person with an offense, subscribed by the offended party, any peace officer, or other public officer, charged with the enforcement of the law violated (Gee. 3, Rule 110, Rules of Court). In whose name and against whom a complaint is filed? ~ it is filed in the name of the People of the ‘What is an information? is an accusation in writing charging a person with an offense subscribed by the prosecutor and filed with he court (Sec. 4, Rule M0, Rules of Court). Distinctions between a complaint and ‘information ‘COMPLAINT INFORMATION Must be swom, hence, | Requires no cath. | ‘under oath. | Subscribed by the | Subscribed by the) offended party, any | prosecutor. | peace officer, or other | public officer charged with the enforcement of the law violated. Infirmity of signature in the information ~ an infirmity in the information, such as lack of authority of the officer signing it, cannot be cured by silence, acquiescence, or even by express ‘consent (Cudia vs Court of Appeals, 284 SCRA 173, 182). 2. A complaint or information is deemed suficient ‘fit conyains the following: i Name of the accused; if the offense is committed by more than one person, all of them shall be included in the complaint or ‘information; i. Designation of the offense given by statute;fv. Name of the offended party; ¥. Approximate date of the commission of the offense; and vi Place where the offense was committed (Sec. 6, Rule 110, Rules of Court; People vs Asilan, 669 SCRA 405, 421-422, Bacasmas WS Sandiganbayan, 701 SCAR 35, 47, July 10, 2013; Enrile vs Manalastas, 739 SCRA 49, 58, (October 22, 2014). - an information must validly charge an offense. ‘The complaint or information must establish the essential elements of the offense charged (Miguel vs ‘Sandiganbayan, 675 SCRA 560, 570, July 4, 2012, Java vs People, 689 SCRA 270, 295, January 78, 2013). Questioning the insufficiency of the complaint or information objection should be made prior tw the arraignment, otherwise it amounts to a waiver to any formal defect in the information. + where the objection, however, is based on lack of jurisdiction over the subject matter, the ‘same may be raised or considered motu propio by the court at any stage of the proceedings or on appeal (Fulacume vs People, 474 SCRA 570, 583; Foz, Jr ‘Vs People, 603 SCRA 124, 133: Trenas ws People, 664 SCRA 355, 370-371, GR No. 195002, January 25,200). How the nature of the offense is determined ~ the mature of the offense is determined by the actual recital of the facts in the complint or information (People vs. Valdez, 663 scra 272, 286-287, January 18, 2012). Date of the commission of the offense ~ itis not necessary to state in the complaint or ‘information the precise date the offense was committed except when the date of commission is ‘a material element of the offense (Sec. Il, Rule 110, Rules of Court). How to state the name of the accused. a The comphint or information must state the name and surname of the accused, or any cian ofsichomee by heck bes i= te hn oe Be scene, ke sw described under a fictitious mame. A description of the accused under a fictitious ame must be accompanied by 2 statement that his true name is unknown: © If baer, his true name is disclosed by him or ‘becomes known in some other manner, his true name shall be inserted in the complaint or ‘information and in the records of the case- ‘Task of the prosecution in every criminal case a To prove beyond reasonable doubt the commission of the crime charged; and bh. To establish with the same quantum of proof the identity of the person or persons responsible therefor. How to state the name of the offended party ‘who is a natural person ~The complaint or information must state the ame and surname of the offended party, or any appellation or nickname by which such person has been or is known. However, if there is no better way of identifying him, be must be described under a fictitious name. If later on, the true mame of the offended party is disclosed or ascertained, the court ‘must cause such true name to be inserted (Sec. 12. Rule 10, Rules of Court). How to state the name of the offended party who is a juridical person ~ itis sufficient to state its name, or any name co designation by which it is known or by which it 1may be identified, without need of averring that it is a juridical person or that it is organized in accordance with law ( Sec. I2(¢}, Rule 10, Rules of Court). Designation of the offense a. In designating the offense, the following rules smust be observed: i. The designation of the offense requires, 25 a rok, that the name given tw the offense by statute shall be stated in the complaint or information. If the statute gives mo designation tw the ‘offense, then reference shall be made to the section cor subsection punishing it (Sec. 8, Rule 110, Rules of (Court). ii. To be included in the complete designation of the offense is an averment of the acts or omissions constituting the offense (Sec. 8, Rule 10, Rules of Court). fii, The complaint or information shall specify the ‘and aggurvating circumstances of the offense (Sec. 8, Rule 110, Rules of Court).‘commission of the crime (See Secs. 8 and 9, Rule 110, Rules of Court; See also People vs Vidana, 708 SCRA 592, 605, October 23, 2013). sufficiently should not heap upon the accused two or more charges which might confuse him in his defense (People vs CA, G.R. No. 183652, February 25, 2015). duplicity "a complaint or information may contain two ‘ox more offenses when the law prescribes a single ‘punishment for various offenses as in complex and ‘compound crimes treated under Art. 48 of the RPC. ‘Waiver of duplicity of the offense ~ duplicity of offense is a ground for motion to quash (Sec. 3{f). Rule 117, Rules of Court). An objection must be timely interposed by the accused before tril, otherwise, he/she is deemed to have waived said defect. Consequently, the court may convict him fro as many offenses as are charged and proved, and impose on him the penalty for each offense (See Sec. 3, Rule 120, Rules of Court). VENUE OF CRIMINAL ACTIONS ‘Asa rule, the criminal action shall be instituted and tried in the court of the municipality or territory (a) where the offense was committed, or (b) where any of its essential ingredients occurred (Sec. 15fa}, Rule, 10, Rules of Court; Union Bank of the Philippines vs People, 667 SCRA 3, 123, ‘February 28, 2012). ‘When a court has jurisdiction to try offenses not rol athe ts eke aca the offense shall be cognizable by the court where the criminal action is first filed (Se. 15(d}. Rule NO, Rules of Court); 1b. Where the SC, pursuant to its constitutional powers, orders a change of venue or place of tial to avoid miscarriage of justice (Sec. 5{4). Art. VIII, 1987 Constitution of the Philippines). Where the offense is committed in a train, aircraft, or other public or private vehicle in the course ofits trip. It may be instituted and tried in the court of any municipality or territory where said train, aircraft, or vehicle passed during its trip or at the place of departure or arrival. Where the offense is committed on board a vessel in the course of its voyage. the criminal action shall be instituted and tried not necessarily in he place of the commission af the crime. It may be instituted ans tried in the court of the first port of entry, or in the court of the municipality or territory where the vesselbere the case is cosnizable by the ‘Snadiganbayan, the criminal action need not be ‘criminal action need not be necessarily filed in the RTC of the province or city where the alleged libelous article was printed and first published. It may be filed im the province or city where the offended party held office at the ‘time of the commission of the offense if he is a fe actually resided at the time of the commission of the offense in case the offended party is a private individual ( Art. 360, RPC, 25 amended by RA. No. 1289 and R.A. No. 4363). AMENDMENT OR SUBSTITUTION OF THE ‘COMPLAINT OR INFORMATION ‘Amendment ~ an amendment is the correction of an error oF ‘Amendment of the information or complaint before plea; no need for leave of court ~ if the amendment is made before the accused ‘enters his plea, the complaint or information may be amended in form or in substance, without the need for leave of court (Sec. 14, Rule 110, Rules of Court). When leave of court is required even if the amendment is made before 2 Leave of court is required even if the amendment is made before plea in the offense charged, or fi. ‘The amendment excludes any accused from the complaint or information (Sec. 14, Rule 110, Rules of Court). + aside from leave of court, the above amendments require a motion by the prosecutor, with notice to the offended party (Sec. 14, Rule 10, Rules of Court). Rule as to amendment made after the plea of the does not cause accused (Sec. 1, Rule 110, Rules of Court). © an amendment in substance, 25 2 rule, is early not allowed at this stage. ~ after arma a substantial amendment is ‘proscribed if the same is beneficial to the except Sccused (Ricarze ws Court of Appeals, 515 SCRA {Second SCRA 746, See abo ‘Fronda-Baggao vs People, 539 SCRA 531, 535). the new one charging the proper offense is filed ‘provided the accused will not be placed in double jeopardy (Se. 14, Rule 10, Rules of Court) Implied institution of the civil action with the action when a criminal action is instituted, the civil action for the recovery of the civil liability arising from the offense charged shall be deemed instituted with the criminal action (Sec. Ifa}, Rule 111, Rules of Court). - the civil action deemed instituted is that which arises from the offense charged ~ a criminal case has two (2) aspects: a) the civil and b) the criminal.‘when the accused is acquitted or when the 2 against him is dismissed for failure of the feosecution to prove his guilt beyond reasonable doubt, the civil action is not . ‘him, or in general, to maintain social order. Qn the other hand, the sole purpose of the civil action is for the resolution, reparation, or indemmification of the private offended party for the damage or injury he ‘sustained by reason of the delictual or felonious act of the accused (Ricarze ws Court of Appeals, 515 ‘SCRA 302, 314). “a Single act or omission that causes damage to an offended party may give rise to two separate ‘civil Kiabilities on the part of the offender: a) civil ibility ex dio - civil ability arising from the ‘criminal offense under Art. 100 of the RPC, and b) independent civil ability - civil ability that may be pursued independently of the criminal proceedings. Consequences of the independent character of ‘actions under Articles 32, 33, 34, and 2176 of the (Civil Code a. The right to bring the civil action shall proceed independently of the criminal action (Sec. 3, Rule IIL, Rules of Court) and regardless of the results of the latter (Art. 31, Civil Code of the bh The quantum of evidence required is ce “The right to bring the foregoing actions based ‘on the Civil Code need not be reserved in the criminal prosecution, since they are not deemed included therein. - the institution or waiver of the right to file a separate civil action arising, from the crime charged does not extinguish the right to bring an When there is no implied institution of the civil action ‘When no reservation is required actions under Arts 32, 33, 34, and 2176 of the Civil Code may be filed separately and prosecuted independently ‘even without any reservation in the question. ~ if the civil action is instituted prior to the cziminal action, and Ibter, during the pendency of the civil action, the criminal action is commenced, the civil action already instituted shall be suspended, in whatever stage of the proceedings it _may be found, as long 2s no judgment on the merits thas yet been entered in the civil action (Sec. 2, Rule IIL Rules of Court). The suspension shall last until final judgment is rendered in the criminal action (Gec. 2, Rule Ill Rules of Court). | 4ee a ns © ot aes from the offense charged - not to Arribee iilsonn cross-claim or third-party complaint may be filed by the accused in the criminal case, but any cause of action which could. have been the subject thereof may be litigated in a ‘separate civil action (Sec. fa}. Rule Il, Rules of Court). Rukes on filing fees damages claimed (Sec. Ifa}, Rule Il, Rules of Court), unless required by the Rules. Example: In estafa cases, the filing fees shall be paid based on the amount involved (Sec, 2ifa). AM. No. 04-2-04, Angist 16, 2004). filing fees shall be paid by the offended party upon the filing of the criminal action in court where he seeks for the enforcement of the civil liability of the accused by way of moral, nominal, ‘temperate or damages but other than actual damages. And where the amount of such damages is specified in the complaint or information. If amount is not specified im the lien on the judgment awarding such damages (Sec. Ifa}, Rule Ill Rules of Court). Effect of death of the accused on his criminal Tiability ~ death of the accused prior to final judgment, Dionado, G.R. No. 207949, September 9, 2015). Effect. of death of the accused on his civil Effect of acquittal or the extinction of the penal action on the civil action or civil liability ~ the extinction of the criminal action does not carry with it the extinction of the civil action (Sec. 2, Rule III, Rules of Court). Hinece, if the accused is found not to be criminally liable, it does not necessarily mean that he will not likewise be held civilly liable (Nissan Gallery -Ortigas vs Felipe, 709 SCRA 214, 222, November Il, 2013). ‘Two kinds of acquittal a Accused is mot the author of the act or comission complained of - no civil liability. and 1b. Reasonable doubt on the guilt of the accused Tubility may be proved by preponderance of evidence. Effect of payment of civil ability - payment of civil liability does not extinguish le Hffect of judgment in the civil case absolving the to a criminal action against the defendant for the ‘same act or omission subject of the civil action (Sec. 5, Rule Tl Rules of Court). fleet of acquittal of the accused on his Concept of prejudicial question: -that which arises in a case the resolution of which is alogical antecedent of the issue involved in the criminal case, and the cognizance of which pertains to another tribunal. It is based on a fact distinct and separate from the crime but is so intimately connected with the crime thatdees the innocence or guilt of the accused 4 Miguel Properties, Inc. Vs Perez, 705 SCRA 38, A.G.R No. 166836, Septemeber 4,2013). Requisites: i The civil case involves facts intimately related to those upon which the criminal prosecution would be based: fi. In the resolution of the issue or issues raised in the civil action, the guilt or inmocence of the accused would necessarily be determined: and fii, Jurisdiction two try said question must be Todged in another tribunal (Magestrado vs People, 327 SCRA 125, 140). Note: The civil action must be instituted prior to tthe institution of the criminal action. If the criminal ‘information was filed ahead of the complaint in the civil case, no prejudicial question (Torres vs (Gachitorena, 394 SCRA 494, 5309). Effect of the existence of a prejudicial question; ‘suspension of the criminal action a motu propio suspension by the court of the action. - when there is a prejudicial question, the action to be suspended is the criminal and not the [previously instituted civil action. An independent civil action does not operate as a prejudicial question > Hence, a civil action based on defamation, fraud, and physical injuries may be independently instituted of the criminal action (See Art. 33, Civil Code of the Philippines). PRELIMINARY INVESTIGATION SGot 25 200, Se sno Hacgera ba Gon, 703 ‘SCRA 549, 560, August 14, 2013). Specific purpose of preliminary investigation a To imquire concerning the commission of a crime and the connection of the accused with it, in order that he may be informed of the nature and character of the crime charged ‘against him, and, if there is probable cause for believing him guilty, that the State shall the the necessary steps to bring him to trial; b To preserve the evidence and keep the ‘witnesses within the control of the State; and © To determine the amount of bail, if the offense is bailable (Callo-Claridad vs Esteban, 694 ‘SCRA 185, 198-199, March 30, 2013). ‘Nature of preliminary investigation - it is a function that belongs to the public Rime 1.2008) “it is not a trial and does not involve the examination of witnessess by way of direct or cross-examinations. (Callo-Trinidad vs Esteban, (4 SCRA 185, 198. March 30, 208). ~ in the conduct of preliminary investigation, the prosecutor does not decide whether there is evidence beyond reasonable doubt of the guilt of the respondent. He merely determines the existence of probable cause, and to file the information if he finds it w be so (De Chavez ws (Office of the Ombudsman, 514 SCRA 638, 651-652). Nidal padhicaagy etapa ~ the right to preliminary investigation may be waived for failure tw invoke the right prior to or at the time of the plea (People vs Gomez, 17 SCRA 73, 78; Go vs Court of Appeals, 206 SCRA 138, 153). Probable cause in preliminary investigation - pertains to facts and circumstances sufficient to support a well-founded belief that a crime has been committed and the accused is probably guilty thereof (Shy vs Dee, GR. No. 182573, Aptil 23,