Criminal Procedure (August 8, 2023)

Criminal Jurisdiction - authority to hear and try a particular offense and impose the
punishment for it, if conviction results. (Beyond Reasonable Doubt - Crim Case)

Six (6) years < RTC

Six (6) years > MTC, MTCC, MCTC or MeTC

Exceptions:
1. Family Court (RA 8369)
2. RA 9165
3. Omnibus Election Code
4. Libel
5. RA 7610
6. RA 9262
7. Nature of the offense charged; (Crime committed by public officers in the performance
of their official functions, fall within the jurisdiction of the new Sandiganbayan Law, RA
10660.
8. Territorial jurisdiction over the place of the crime commission. (Where crime is
committed it is where jurisdiction lies)

Requisites for a valid exercise of criminal jurisdiction:

1. Jurisdiction over the subject matter
2. Jurisdiction over the territory where the offense was committed
• Exceptions:
⁃ Change of venue by the SC order
⁃ Law provides otherwise - Sandiganbayan has jurisdiction over offenses committed by
public officers with SG 27 and above and officers with Chief statuses.
⁃ Continuing crimes committed during a voyage
⁃ Offenses committed under RA 9372 - Human Security Act of 2007
⁃ Jurisdiction determined by allegations of Complaint or Information.
3. Jurisdiction over the person of the accused. (Valdepenas v. People, 16 SCRA 871)
• His arrest or apprehension, with or without a warrant
• Voluntary surrender
• Voluntary submission to the jurisdiction of the court by filing a pleading or motion
seeking affirmative relief.
• Pleading to the merits (such as by filing a motion to quash or other pleadings requireing
the exercise of the court’s jurisdiction)
• Appearing for arraignment or entering trial
• Filing bail (the same cannot be posted before the court if the custody of the accused was
not acquired by judicial authorities; either arrest of voluntary surrender.)

Jurisdiction over the Subject Matter Jurisdiction over the person of the accused
 Authority of the court to hear and Authority of court, not over the subject
determine a particular criminal case matter of the criminal litigation, but over
(Jurisdiction over the offense charged) the person charged. This kind of
jurisdiction requires that “the person
charged with the offense must have been
brought into its forum for trial, forcibly by
warrant of arrest or upon his voluntary
submission to the court.

Jurisdiction vs. Venue

Jurisdiction Venue

Power to hear and determine matters in As the particular country, or geographical

controversy according to established rules area, in which a court with jurisdiction may
of law and to carry the sentence or hear and determine a case.
judgment of the court into execution

Criminal Jurisdiction (See updated version)

RULE 110: Prosecution of Offenses

⁃ interest of the offended party is limited to the civil liability, thus, in the prosecution of the
offense, the complainant’s role is limited to that of a witness for the prosecution.

1. How criminal actions are instituted?

Preliminary Investigation (PI) required
⁃ the crim action must be instituted by first filing the corresponding complaint with the
proper officer for the purpose of PI.
⁃ Penalty prescribed by law is at least “four (4) years, two (2) months and one (1), w/o
regards to the fine.
⁃ Offense fall under the jurisdiction of MTC, less than (4) years, two (2) months and one (1)
day, the action may be instituted through a complaint or information filed directly with said
courts or with the office of the public prosecutor, except in Manila and other chartered
cities where the action has always to be commenced by a complaint filed with the office of
the prosecutor, unless their charters provided otherwise. So if the case is filed directly with
the MTC of Olongapo City, said court should refer the case to the City Prosecutor for
proper action.
⁃ In Manila and other chartered cities, the complaint shall be filed with the office of the
prosecutor unless otherwise provided in their charters.
⁃ Chartered Cities - has been defined as one that possesses a unique set of laws that forms
the legal foundation of its local government. It is incorporated under special charter.
⁃ No direct filing with RTC because its jurisdiction covers offenses which require PI.
⁃ Offenses prescribed by law is less than four (4) years, two (2) months and 1 day. This
penalty covers the jurisdiction of the MTC. THE RTC has jurisdiction over an offense
punishable by imprisonment exceeding six (6) years, a period way above the minimum
penalty for offense that requires a PI.
⁃ Where it requires that the filing of complaint or information requires, it interrupts the
running of prescriptive period.
⁃ Summary Procedure (Jadewell Parking Systems Corp. vs Judge Nelson F. Lidua Sr.,) only
the filing of the information in court, and not the conduct of a PI, will toll the prescriptive
period.
2. The complaint or information
⁃ The determination of whether or not an information should be lodged with the court lies
w/in the exclusive realm of the prosecutor. Since the fiscal is entitled to his/her judgment, it
is clear that such judgment may not be controlled by mandamus.
⁃ Exception:
⁃ If evidence submitted and gathered by the prosecuting officer a person appearing
responsible for the commission of an offense is not included in the information. In this
case, the prosecutor can be compelled by way of mandamus to include such person in the
information, after the conduct of appropriate investigation.

Criminal prosecution cannot be enjoined. The recognized exception of the general rule are
as follows:
1. To afford adequate protection to the constitutional rights of the accused.
2. When necessary for the orderly administration of justice or to avoid oppression or
multiplicity of actions.
3. When there is a prejudicial question which is subjudice.
4. When the acts of the officer are without or in excess of authority.
5. When the prosecution is under an invalid law, ordinance or regulation.
6. When double jeopardy is clearly apparent.
7. When the court had no jurisdiction over the offense.
8. When it is a case of persecution rather than prosecution.
9. Where the charges are manifestly false and motivated by lust for vengeance.
10. When the is clearly no prima facie case against the accused and a motion to quash has
been denied.
11. To prevent the threatened unlawful arrest of petitioners.

3. Complaint
⁃ Is a sworn written statement charging a person with an offense.

Who can file a criminal complaint?

1. The offended party - the person against whom whose property the offense was
committed. The offended party may also be a private individual whose person, right,
house, or liberty or property was actually or directly injured by the same punishable act or
omission of the accused.
2. Any peace officer
3. Other public officer charged with the enforcement of the law violated. The term “peace
officers” in the section enumerating the persons who are competent to file a criminal
complaint, includes the members of the PNP, agents of the NBI And other law enforcement
agents like CIDG, PACC and PDEA.

4. Information
⁃ Is an accusation in writing charging a person with an offense, subscribed by the
prosecutor and filed with the court.
Complaint Information
Executed by a private party Subscribed by the prosecutor
Supported by oath of the complainant No oath required (this is because the prosecutor
filing the information is acting under the oath of his office)
Need not necessarily be filed with the court. Filed in court

5. The criminal action is prosecuted under the control of the public prosecutor.

Public Prosecutor (power and discretion)

1. Determine whether a prima facie case exists
2. Decide which conflicting testimonies should be believed free from the interference or
control of the offended party.
3. Subject only to the right against self-incrimination, determine which witnesses to present
in court.

6. Sufficiency of Complaint or Information

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 cannot be ascertained, he
must be described under a fictitious name with a statement that his true name is unknown.
⁃ Remedy of a person who is accused under a wrong name or identity
⁃ Motion to quash on ground of lack of jurisdiction over his person.
8. Designation of the offense
⁃ The rule provides that every information must state the qualifying and the aggravating
circumstances attending the commission of the crime for them to be considered in the
imposition of the penalty. Kinds of aggravating circumstances are (1) generic or ordinary,
(2) special, (3) qualifying, and (4) inherent.

9. Cause of the Accusation

⁃ Every facts must be alleged
10. Place of commission of the offense
11. Date of Commission of the Offense
⁃ It is not necessary to state in the complaint or information the precise time at which the
offense was committed except when time is a material ingredient of the offense.
12. Name of the offended party
13. Duplicity of the offense – A complaint or information must charge only one offense,
except when the law prescribes a single punishment for various offenses.

Gen Rule:
A complaint or information must charge a single offense. A duplicitous information,
or one that charges more than one offense, is defective and a ground for quashal of
information. (The reason for this rule is to enable the defendant to prepare his defense and
avoid confusing him with two or more charges).
Exception:
1. Rule on Complex Crime under Art 48 of the RPC.
2. When one offense is necessary means for committing the other;
3. No duplicity in Rape with Homicide
4. The principle of Absorption: Rebellion cannot be complexed with any other
offense committed in the course thereof;
a. Hernandez Rule – the ingredients of a crime form part and parcel thereof,
and hence, are absorbed by the same and cannot be punished either
separately therefrom or by the application of Art. 48 of the RPC.
b. Enrile vs. Salazar – Enrile et al were charged with rebellion with murder
and multiple frustrated murders. There were arrested without bail, thus
this petition for Habeas Corpus. The SC held that applying the Hernandez
doctrine, one crime of simple rebellion only and not complex crime under
Art. 48)
c. Enrile vs. Amin – no splitting of cases in a crime of rebellion as this is
absorbed by the crime.
5. Special Laws

REMEDY:
Before arraignment, A MOTION TO QUASH the information on the ground, that
more than one offense charged should be therefore be filed, otherwise it is deemed
waived and the accused may be convicted for as many offenses charged and proved.

PURPOSE OF PROHIBITION:
1. To give the defendant the necessary knowledge of the charge to enable him to
prepare his defense.
2. To prevent confusion in his defense
3. To prevent harassment

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 ad when it can be done
without casing 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 reason in resolving the motion and copies of its order all be
furnished all parties, especially the offended party.
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 would not be placed in double jeopardy. The court may require the
witnesses to give bail for their appearance at the trial.

1. Amendment of the information or complaint before plea; no need for leave

- The accused has not yet been arraigned. The complaint or information may be
amended in form or in substance, without need for leave of court.

2. When leave of court is required even if the amendment is made before plea
- The amendment downgrades the nature of the offense charge
- The amendment excludes any accused from the complaint or information (This
does not qualify the grounds, in this case the utilization of the accused as a State
Witness, or on some other grounds requires leave of court, motion by the
prosecution, with notice to the offended party).

3. Rules as to amendment made after the plea of the accused and during trial (Only
formal amendments not allowed substantial)
- Leave of court must be secured
- The amendment does not cause prejudice to the rights of the accused.

Exception: The Supreme Court allowed substantial amendment to downgrade

the information from murder to homicide after the accused has been arraigned,
on the ground that it benefitted the accused and that the accused himself
sought the amendment. (People vs. Janairo)

RULE:
1. Authorizes the amendment of an information or complaint in substance or in form
w/o leave of court at any time before the accused pleads and thereafter only as
those matters of form. 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.
2. Allows any amendment also before plea which downgrades the nature of the
offense charged in or exclude any accused from the complaint or information but
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 reason in resolving the motion and
copies of its order shall be furnished all parties especially the offended party.
3. Provides that if it appears at any time before judgment that a mistake has been
made in charging the proper offense, the court may dismiss the original complaint
or information and order the filing of a new one charging the proper offense in
accordance with Sec 19, Rule 119, infra, provided the accused would not be placed
in double jeopardy. The court may require the witnesses to give bail for their
appearance in the trial.

SUBSTITUTION of Information
1. That no judgment has as yet been rendered
2. The accused cannot be convicted of the offense charged or of any other offense
necessarily included therein
3. The accused would not be placed in double jeopardy

AMENDMENT SUBSTITUTION
May involve either formal or substantial Necessarily involves a substantial change
changes from the original charge
Amendment before plea has been entered Substitution of information must be with
can be effected without leave of court leave of court as the original information
has to be dismissed
Only as to form, there is no need for In substitution of information, another
another preliminary investigation and the preliminary investigation is entailed and
retaking of the plea of the accused the accused has to plead anew to the
information
An amended information refers to the Substitution requires or presupposes that
same offense charged in the original the new information involves a different
information or to an offense which offense which does not include or is not
necessarily includes or necessarily included necessarily included in the original charge,
in the original charge, hence substantial hence the accused cannot claim double
amendment to the information after the jeopardy.
plea has been taken cannot be made over
the objection of the accused, for the
original information would be withdrawn,
the accused could invoke double jeopardy.

GEN RULE:
- Where the second information involves the same offense, or an offense which
necessarily includes or necessarily included in the information, an AMENDMENT
of the information is sufficient; otherwise, where the new information charges an
offense which is distinct and different from that initially charged, a
SUBSTITUTION is in order.
VENUE OF CRIMINAL ACTION
VENUE – an element of criminal jurisdiction, it is an essential element of jurisdiction in
criminal cases; hence, it cannot be waived, changed by agreement of the parties, or by the
consent of the accused.

CRIMINAL ACTION
a. Where the offense was committed (territorial jurisdiction)
b. Where any of its essential ingredients occurred.

PRINCIPLE:
-To ensure that the defendant is not compelled to move to, and appear in, different
court from that of the province where the crime was committed as it would cause him
great inconvenience in looking for his witnesses and other evidence in another place.

IMPROPER VENUE
CIVIL CRIMINAL
The ground for motion to dismiss would be The ground for motion to quash would be
that “the venue is improperly laid” that “the court trying the case has no
jurisdiction over the offense
charged”(Improper venue means lack of
jurisdiction)

15. PLACE WHERE ACTION IS TO BE INSTITUTED

a. Court of the municipality or territory where the offense was committed or
where any of its essential ingredients occurred.
b. Place where any of its essential ingredients of the crime occurred.
(Continuing crimes)
c. Offense is committed on board a vessel in the course of its voyage.
d. Crimes committed outside the Philippines but punishable under Art. 2 of the
RPC shall be cognizable by the court where the criminal action is first filed.

16. INTERVENTION OF THE OFFENDED PARTY IN CRIMINAL ACTION

SEC. 4. EFFECT OF DEATH ON CIVIL ACTIONS

Gen Rule:
- Death of the accused after arraignment and during the pendency of the criminal
action shall extinguish the civil liability arising from the delict.
Exception:
o Independent civil action instituted under the preceding Section of Rule
111 under Article 32, 33, 34 and 2176, or which thereafter is instituted to
enforce civil liability arising from other sources of obligation may be
continued against the estate or legal representative of the accused after
proper substitution or against said estate as the case may be. The heirs of
the accused may be substituted for the accused without requiring the
 appointment of an executor or administrator and the court may appoint
a guardian ad litem for the minors.

SEC. 5: JUDGMENT IN CIVIL ACTION NOT A BAR

Gen Rule:
- A final judgment rendered in a civil action absolving the defendant from civil
liability is not a bar to a criminal action against the defendant for the same act or
omission subject of the civil case.
Exception:
o Unless the civil is a prejudicial question which involves an issue similar or
intimately related to the issue raised in the criminal, the resolution of
which determines whether or not the criminal action may proceed.

SEC. 6: SUSPENSION BY REASON OF PREJUDICIAL QUESTION

Prejudicial Question – is understood in law to be that which arises in a case (civil)
the resolution of which is a logical antecedent of the issue involved in the criminal
case, and the cognizance of which pertains to another tribunal. It is determinative of
the criminal case, but the jurisdiction to try and resolve it is lodged in another
tribunal. It is based on a fact distinct and separate from the crime but is so
intimately connected with the crime that it determines the guilt or innocence of the
accused.
- The concept of a ‘prejudicial question’ comes into play, when a civil action
and a criminal action are both pending, and there exists, in the former case (civil
action), an issue which must be preemptively resolved before the latter case may
proceed.
- In case of suspension on the ground of prejudicial question, it is the issue in the
civil action that is prejudicial to the continuation of the criminal action, not the
criminal action that is prejudicial to the civil action.
- The rule that a civil action shall be suspended until final judgment is rendered in
the criminal case does not apply when the civil action is a prejudicial question.

SEC 7. ELEMENTS OF PREJUDICIAL QUESTION

a. The previously instituted civil action involves an issue similar or intimately related
to the issue raised in the subsequent criminal action
b. The resolution of such issue determines whether or not the criminal action may
proceed.

RULE 112: PRELIMINARY INVESTIGATION

SEC 1. PRELIMINARY INVESTIGATION

- Is an inquiry or proceeding to determine whether there is sufficient ground to
engender a well-founded belief that a crime has been committed and the
respondent is probably guilty thereof and should be held for trial.
- Penalty prescribed by law is at least four (4) years, two (2) months and one (1)
day without regard to fine.
- Right to a PI is not constitutional, but when so granted by statute it is not mere
formal or technical right. It is substantive right. To deny the claim of the accused
to a preliminary investigation would be to deprive him the full measure of his
right to due process. Where the denial is tainted with grave abuse of discretion
amounting to lack of jurisdiction, a ground for a petition for certiorari and
mandamus arises.
- Right to PI is waivable for failure to invoke the right to or at the time of the plea
or during the accused’s arraignment.

KINDS OF DETERMINATION OF PROBABLE CAUSE:

1. Executive (Preliminary Investigation) – one made during the preliminary
investigation. It is a function that properly pertains to the public prosecutor who
is given a broad discretion to determine whether probable cause exist and to
charge those who he believes to have committed the crime as defined by law
and thus, should be held for trial.
2. Judicial (Preliminary Examination or Preliminary Inquiry) – one made by the
judge to ascertain whether a warrant of arrest should be issued against the
accused.

Gen Rule:
Findings of the Secretary of Justice are not subject to interference by courts

Exceptions:
1. When he acts with grave abuse of discretion amounting to lack or excess of
jurisdiction.
2. He grossly misapprehends the facts;
3. When he acts in a manner so patent and gross as to amount to an evasion o
positive duty or a virtual refusal to perform the duty enjoined by law
4. When he acts outside the contemplation of law.