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Crim Pro Syllabus

The document outlines the rules and procedures related to criminal procedure, covering various aspects such as criminal jurisdiction, prosecution of offenses, preliminary investigations, arrest, bail, rights of the accused, trial processes, and search and seizure. It details the specific rules and guidelines for each stage of the criminal process, including the roles of the accused and prosecution, as well as the legal requirements for actions taken throughout the process. The information is structured into sections that address different facets of criminal law, ensuring comprehensive coverage of the subject matter.

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Reks Mainar
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11 views

Crim Pro Syllabus

The document outlines the rules and procedures related to criminal procedure, covering various aspects such as criminal jurisdiction, prosecution of offenses, preliminary investigations, arrest, bail, rights of the accused, trial processes, and search and seizure. It details the specific rules and guidelines for each stage of the criminal process, including the roles of the accused and prosecution, as well as the legal requirements for actions taken throughout the process. The information is structured into sections that address different facets of criminal law, ensuring comprehensive coverage of the subject matter.

Uploaded by

Reks Mainar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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CRIMINAL PROCEDURE1

A. General Matters
1.​ Criminal jurisdiction
2.​ Jurisdiction over subject matter and jurisdiction over person of the
Accused
3.​ When injunction may be issued to restrain criminal prosecution

B. Prosecution of Offenses (RULE 110)


1.​ Criminal actions, how instituted
2.​ Effect of the institution of the criminal action on the prescriptive
period
3.​ Who may prosecute; crimes that cannot be prosecuted de officio
4.​ Intervention of private offended party
5.​ Control of prosecution
6.​ Complaint and Information; sufficiency
7.​ Date of commission of the offense
8.​ Designation of offense; qualifying and aggravating circumstances
9.​ Name of the accused; name of the offended party
10.​Amendment and Substitution of complaint or information
11.​ Duplicity of the offense

C. Prosecution of Civil Action (RULE 111)


1.​ Implied institution of civil action with criminal action
2.​ Independent civil actions
3.​ No reservation of civil action in B.P. Blg. 22
4.​ Effect of death of the accused on civil action
5.​ Prejudicial Question
6.​ Effect of acquittal or extinguishment of criminal action on the
civil liability

D. Preliminary Investigation (RULE 112)


1.​ Nature and purpose
2.​ Determination of existence of probable cause
3.​ Resolution of investigating prosecutor
4.​ Non-interference of the court in finding probable cause by
prosecutor; exceptions
5.​ Right to bail pending preliminary investigation
6.​ Inquest proceedings
7.​ Effect of absence of preliminary investigation
8.​ Withdrawal of Information

E. Arrest (RULE 113)


1.​ Arrest, how made
2.​ Requisites for the issuance of a warrant of arrest
3.​ Arrest without warrant, when lawful
4.​ Method of arrest
5.​ Rules on the Use of Body-Worn Cameras in the Execution of
Warrants [A.M. No. 21-06-08]
6.​ Waiver of objection on the irregularity of arrest

F. Bail (RULE 114)


1.​ When a matter of right; exceptions
2.​ When a matter of discretion
3.​ Where filed
4.​ Application for bail in capital offenses
5.​ Guidelines in fixing amount of bail
6.​ Bail-negating circumstances
7.​ Remedy when bail denied
8.​ Forfeiture of bail
G. Rights of the Accused (RULE 115)
1.​ Rights of accused at the trial
2.​ Rights of the persons under custodial investigation

H. Arraignment and Plea (RULE 116)


1.​ Purpose

1
Adopted in toto from the official 2025 Bar Examination Syllabus released from the Office of the Bar Chairperson (Bar
Bulletin No. 1, 16 September 2024).
2.​ Plea of guilty to a lesser offense
3.​ Plea of guilty to capital offense
4.​ Plea of guilty to a non-capital offense
5.​ Bill of particulars
6.​ Suspension of arraignment

I. Motion to Quash (RULE 117)


1.​ Grounds
2.​ Double jeopardy
3.​ Provisional dismissal

J. Pre-trial (RULE 118)


1.​ Pre-trial agreement
2.​ Non-appearance at pre-trial conference
3.​ Pre-trial order
4.​ Cases for mediation on the civil liability

K. Trial (RULE 119)


1.​ Trial in absentia
2.​ Remedy when accused is not brought to trial within the prescribed
period
3.​ Conditional examination of witness for the prosecution/defense
4.​ Requisites for discharge of accused as state witness
5.​ Demurrer to evidence
6.​ Reopening of the proceedings

L. Judgment (RULE 120)


1.​ Requisites of a valid judgment
2.​ Rule if accused fails to appear at the promulgation of judgment
3.​ Promulgation of judgment; instances of promulgation of judgment
in absentia

M. New Trial or Reconsideration (RULE 121)


N. Appeal (RULE 122)
O. Search and Seizure (RULE 126)
1.​ Nature of search warrant
2.​ Requisites for the issuance of search warrant
3.​ Probable cause in search warrant
4.​ Extent of the search
5.​ Exceptions to search warrant requirement
a.​ Search incidental to lawful arrest
b.​ Search of moving vehicles
c.​ Search of a passenger bus
d.​ Check points
e.​ Airport frisking
f.​ Buy bust operations
g.​ Plain view
h.​ Stop and frisk (Terry searches)
i.​ Consented searches
6. Search of a Government-Controlled Detention Facility
7. Effect of an Illegal Search and Seizure
8. Quashing a Search Warrant
9. Rule on Cybercrime Warrants [A.M. No. 17-11-03-SC]
10. Rules on the Use of Body-Worn Cameras in the Execution of
Warrants [A.M. No. 21-06-08-SC]
P. Provisional Remedies in Criminal Cases (RULE 127)

***NOTHING FOLLOWS***

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