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CRIMINAL PROCEDURE- Module 1 General Principles

General Law (Jose Rizal University)

Studocu is not sponsored or endorsed by any college or university

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MODULE 1

WEEK 1

I. GENERAL PRINCIPLES
A. Concept of Remedial Law
1. Substantive Law vs. Procedural Law
2. Jurisdiction vs. Venue

B. Rule Making Power of the Supreme Court

Sec. 5, Article VIII, 1987 Philippine Constitution

1. Limitations on the Rule-Making Power of the Supreme

Court
Sec. 2, Article VIII, 1987 Constitution
Sec. 30, Article, VI, 1987 Constitution
Cases:
(1) Fabian vs. Desierto, G.R. No. 129742,
September 16, 1998
(2) Baviera vs. Zoleta, G.R. No. 169098,
October 12, 2006

2. Power of the Supreme Court to Amend and Suspend

Procedural Rules
Case:
(3) Rodriguez vs. People, G.R. No. 192799,
October 24, 2012

3. Power to Suspend Procedural Rules

Case:
(4) Sumbilla vs. Matrix Finance Corporation,
G.R. No. 197582, June 29, 2015

4. Retroactivity of Procedural Rules

Article 4, Civil Code of the Philippines
Case:
(5) Heirs of Eduardo Simon vs. Chan, G.R.
No. 157547, February 23, 2011

5. Basic Principles in Jurisdiction

a. Equity Jurisdiction
Case:
(6) San Juan vs. Sandiganbayan, G.R. No.
173956, August 6, 2008

b. Elements of Jurisdiction

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(i) Jurisdiction Over the Subject Matter or

Nature of the Case
(ii) Jurisdiction Over the Parties
(iii) Jurisdiction Over the Res

c. Elements of Criminal Jurisdiction

(i) Territorial Jurisdiction
(ii) Jurisdiction Over the Subject Matter
(iii) Jurisdiction Over the Person of the
Accused
d. Estoppel
Case:
(7) Figueroa vs. People, G.R. No. 147406, July
14, 2008

e. Classes of Jurisdiction
Concepts:
(i) General
(ii) Special or Limited
(iii) Original
(iv) Appellate
(v) Exclusive
(vi) Concurrent

Criminal Jurisdiction of Courts

(i) Municipal Trial Court, Municipal Trial
Court, and Metropolitan Trial Court (R.A.
No. 11576 (Expansion of Jurisdiction of
First Level Courts)
(ii) Regional Trial Court
(iii) Sandiganbayan

C. Concept of Criminal Procedure

1. Definition of Criminal ProcedurE
2. Three Systems:
1. Adversarial/Accusatorial
2. Inquisitorial
3. Mixed
3. Interpretation of the Rules on Criminal Procedure

D. Revised Rule on Summary Procedure

Applicability
Pleadings Allowed
Procedure

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I. GENERAL PRINCIPLES

A. Concept of Remedial Law

Remedial Law-that branch of law which prescribes the method of

enforcing rights or obtaining redress for their invasion. Also known as an
adjective law.

Substantive Law vs. Procedural Law

Substantive Law-the law which creates, defines and regulates rights.

Procedural Law-the law providing for the procedure in the method of

conduct of a judicial proceeding. It is to make the powers of the courts fully and
completely available for justice; created not to hinder and delay but to facilitate
and promote the administration of justice.

Jurisdiction vs. Venue

Jurisdiction- the power to hear and decide cases. It is the power with
which courts are invested with the power of administering justice, that is, for
hearing and deciding cases.

Venue- the place where the case is to be heard or tried.

B. Rule Making Power of the Supreme Court

Sec. 5 (5), Article VIII, 1987 Philippine Constitution

Sec. 5. The Supreme Court shall have the following powers: six powers
(5) Promulgate rules concerning the protection and enforcement of
constitutional rights, pleading, practice, and procedure in all courts, the
admission to the practice of law, the Integrated Bar, and legal assistance to the
underprivileged. Such rules shall provide a simplified and inexpensive procedure
for the speedy disposition of cases, shall be uniform for all courts of the same
grade, and shall not diminish, increase, or modify substantive rights. Rules of
procedure of special courts and quasi-judicial bodies shall remain effective
unless disapproved by the Supreme Court.

1. Limitations on the Rule-Making Power of the Supreme

Court
Sec. 2, Article VIII, 1987 Constitution
Sec. 30, Article, VI, 1987 Constitution
Fabian vs. Desierto, G.R. No. 129742, September 16,
1998

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Appealed the decision of the CA to the SC, can administrative cases be appealed
to the SC? No. Only criminal not administrative cases are appealable to the SC
because it will increase the jurisdiction of the SC.

Sec, 2, Article VIII, 1987 Constitution

Section 2. The Congress shall have the power to define, prescribe,

and apportion the jurisdiction of various courts but may not deprive the
Supreme Court of its jurisdiction over cases enumerated in Section 5 hereof (on
its powers).

Sec. 30, Article VI, 1987 Constitution

Section 30. No law shall be passed increasing the appellate

jurisdiction of the Supreme Court as provided in this Constitution without its
advice and concurrence.

Fabian vs. Desierto, G.R. No. 129742, September 16, 1998

Baviera vs. Zoleta, G.R. No. 169098, October 12, 2006

Defrauded from soliciting funds, requested the Sec. of J

for hold departure order.

2. Power of the Supreme Court to Amend and Suspend

Procedural Rules

Rodriguez vs. People, G.R. No. 192799, October 24, 2012

3. Power to Suspend Procedural Rules

Sumbilla vs. Matrix Finance Corporation, G.R. No. 197582, June 29,
2015

4. Retroactivity of Procedural Rules

Article 4, Civil Code of the Philippines
Heirs of Eduardo Simon vs. Chan, G.R. No. 157547,
February 23, 2011

Article 4 of the Civil Code of the Philippines

Article 4. Laws shall have no retroactive effect, unless the contrary is
provided.

Heirs of Eduardo Simon vs. Chan, G.R. No. 157547, February 23,
2011

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5. Basic Principles in Jurisdiction

a. Equity Jurisdiction

Equity Jurisdiction-it is a situation where the court is called upon to

decide a particular situation and release the parties from their correlative
obligations but if it would result in adverse consequences to the parties and the
public, the court would go beyond its powers to avoid negative consequences in
the release of the parties.

Limitations:
1.Equitable reasons will not control against any well-settled rule of law or
public policy.
2. The court has no power to make contracts for the parties or extend the
life of a contract.

San Juan vs. Sandiganbayan, G.R. No. 173956, August 6, 2008

b. Elements of Jurisdiction
(i) Jurisdiction Over the Subject Matter or
Nature of the Case
(ii) Jurisdiction Over the Parties
(iii) Jurisdiction Over the Res

Jurisdiction Over the Subject Matter-is conferred by law, B.P.

Blg. 129, the Judiciary Reorganization Act. As a rule, this is not waivable.
Exception: In cases of estoppel to question or raise jurisdiction (Tijam vs.
Sibonghanoy, 23 SCRA 29 (1968))

Jurisdiction Over the Parties-jurisdiction over the plaintiff is

acquired by the filing of the initiatory pleading, like a complaint, while
jurisdiction over the defendant is acquired, as a rule, by the proper service of
summons, or by his voluntary appearance in court and his submission to the
authority of the court.

Jurisdiction Over the Res-is acquired by the seizure of the thing

under legal process whereby it is brought into actual custody of law, or it may
result from the institution of a legal proceeding wherein the power of the court
over the thing is recognized and made effective.

c. Elements of Criminal Jurisdiction

(i) Territorial Jurisdiction
(ii) Jurisdiction Over the Subject Matter

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(iii) Jurisdiction Over the Person of the

Accused

Territorial Jurisdiction- is determined by the geographical area over

which a court presides, and the fact that the crime was committed, or any of its
essential ingredients took place within said area.

Jurisdiction Over the Subject Matter-it is determined by the

allegations of the complaint or information in accordance with the law in force at
the time of the institution of the action, not at the time of its commission. It is
also determined by the penalty provided by law for the offense.

Jurisdiction Over the Person of the Accused-it is acquired by

voluntary appearance or surrender of the accused or by his arrest.

d. Estoppel

Estoppel-when a party actively participated in all stages of the

proceedings before the trial court and invoked its authority by asking affirmative
relief, he is estopped from challenging the trial court’s jurisdiction, especially
when an adverse judgment has been rendered.

Figueroa vs. People, G.R. No. 147406, July 14, 2008

e. Classes of Jurisdiction
Concepts:
(i) General
(ii) Special or Limited
(iii) Original
(iv) Appellate
(v) Exclusive
(vi) Concurrent

General Jurisdiction- the power to adjudicate all controversies, except

those expressly withheld from the plenary powers of the court.

Special or Limited Jurisdiction - the court’s jurisdiction only to

particular cases and subject to such limitations as may be provided by the
governing law.

Original Jurisdiction- The power of the court to take judicial

cognizance of a case instituted for judicial action for the first time under
conditions provided by law.

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Appellate Jurisdiction- The authority of the court higher in rank to re-

examine the final order, judgment or a lower court which tried the case now
elevated for judicial review.

Exclusive Jurisdiction- power to adjudicate a case or proceeding to

the exclusion of other courts at that stage.

Concurrent Jurisdiction- sometimes referred to as the coordinate

jurisdiction which is the power conferred upon different courts whether of the
same or different ranks, to take cognizance at the state of the same case in the
same or different judicial territories.

f. Criminal Jurisdiction of Courts

(i) Municipal Trial Court, Municipal Trial Court, and
Metropolitan Trial Court (R.A. No. 11576 Expanding the
Jurisdiction of First Level Courts)
(ii) Regional Trial Court
(iii) Sandiganbayan

R.A. No. 11576, An Act Further Expanding the Jurisdiction of the

Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial
Courts, Municipal Circuit Trial Courts, Amending for the Purpose Batas
Pambansa Blg. 129, Otherwise Known as the “Judiciary Reorganization Act of
1980”, as Amended.

Features: increase in the jurisdictional amounts/claims of the first level courts

which shall now have exclusive original jurisdiction over civil actions and
probate proceedings, testate and intestate, including grant of provisional
remedies where value involved does not exceed 2 Million Pesos.

For second level courts- jurisdiction in civl actions where the value
exceeds 400,000 pesos, except for forcible entry and unlawful detainers;
admiralty and maritime cases exceeding 2 million pesos.

Most Important:
Sec. 3. Delegated Authority fo the Supreme Court to Adjust the Jurisdictional
Amounts for First and Second Level Courts.

Appellate Jurisdiction of the Court of Appeals

J. Concept of Criminal Procedure

Criminal Procedure- the steps that govern the filing of a criminal

complaint to the proper government authority, the arrest, and up to the final
determination of the case by the appropriate trial court. It likewise enumerates
the rights of the accused.

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Three Systems:
(i) Adversarial/Accusatorial
(ii) Inquisitorial
(iii) Mixed

Interpretation of the Rules on Criminal Procedure

It is liberally construed in order to promote their objective of securing a

just, speedy, and inexpensive disposition of every action and proceeding.

A. Revised Rule on Summary Procedure

Applicability-Civil Cases and Criminal Cases
Pleadings Allowed
Procedure

Resolution of the Court En Banc Dated October 15, 2991 Providing for the
Revised Rule on Summary Procedure for Metropolitan Trial Courts, Municipal
Trial Courts in Cities, Municipal Trial Courts, and Municipal Circuit Trial
Courts.

Violations of traffic laws, rules and regulations

Rental law
Municipal or city ordinances
All criminal cases where penalty prescribed is imprisonment not exceeding six
months or a fine not exceeding 1k or both, irrespective of other imposable
penalties. Except in damage to property
Arrest of the accused – court shall not order the arrest of the accused except for
failure to appear whenever required, release of the arrested person shall either
be on bail or on recognizance by a responsible citizen acceptable to the court
Judgement – where trial has been conducted, promulgate not later than 30 days
unlike reg procedure 90 days
Referral to lupon under pd no 1508 – no compliance can dismissed
Pd. 1508

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Lupong Tagamapayapa now under the katarungang pambarangay law

Essentially the same but with modifications

Has certificate to file action

No settlement may issue cert to file action
Case can be dismissed or revert to the barangay when without certificate

Not barangay
Real property from different cities unless parties agreed
Disputes in different barangays unless adjoined and parties agree
Less than 1 year penalty or fine
More than that and a fine of 5k no longer covered

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