CRIMINAL PROCEDURE

Criminal procedure is the method prescribed by law for the apprehension and
prosecution of persons accused of any criminal offense and for their punishment, in case of
conviction.

As applied to criminal law, procedural law provides or regulates

the steps by which one who has committed a crime is to be punished.

CONSTITUTIONAL FOUNDATIONS

1. Due Process Clause (Article III, Section 1, 1987 Constitution):

- “No person shall be deprived of his life, liberty, or property without due process of law”

-Due process protects against arbitrary deprivation of life, liberty, and property:

Life: Refers to the protection of an individual’s right to existence, including the right
to personal security and physical safety. This includes protection from arbitrary killing or
death penalties that violate due process.

Liberty: Encompasses a wide array of freedoms, including physical liberty (freedom

from imprisonment), freedom of movement, and freedom of choice (e.g., the right to work,
travel, or marry). It also includes political liberties such as freedom of speech, religion, and
the press.

Property: Refers to both tangible and intangible possessions. Due process prevents
the government from taking or destroying property arbitrarily, without fair compensation or
justification.

- Ensures fairness in criminal proceedings.

- An accused must be given the opportuntity TO EXPLAIN AND DEFEND HIMSELF.

2. Right to Be Presumed Innocent (Article III, Section 14(2):

An accused is presumed innocent until proven guilty beyond reasonable doubt.

3. Right to Counsel (lawyer) (Article III, Section 14(2):

An accused has the right to be heard by himself and counsel at every stage of the proceedings.

4. Right Against Self-Incrimination (Article III, Section 17):

An accused cannot be compelled to testify against oneself.

5. Right Against Double Jeopardy (Article III, Section 21)

No person shall be put twice in jeopardy of punishment for the same offense.

II. JURISDICTION IN CRIMINAL CASES

1. Exclusive Jurisdiction of the Regional Trial Courts (RTC)

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 -Typically, offenses punishable by imprisonment exceeding six years (unless
otherwise provided by law).

-Special laws may also confer jurisdiction on RTCs (e.g., Dangerous Drugs Act,
Cybercrime Prevention Act, etc.).

2. Exclusive Original Jurisdiction of the Metropolitan or Municipal Trial Courts

(MeTC/MTC/MCTC)

-Offenses punishable with imprisonment not exceeding six years, irrespective of the
amount of the fine.

-Violations of city or municipal ordinances (unless the law specifically provides

otherwise).

3. Jurisdiction of the Sandiganbayan

-Offenses involving public officials of certain salary grades or those that involve graft
and corruption, where the imposable penalty is above certain thresholds defined by
law.

4. Jurisdiction of Family Courts

-Criminal cases where one or both parties are minors, or cases involving offenses
under RA 7610 (Special Protection of Children Against Abuse, Exploitation, and
Discrimination Act), if specifically conferred by law.

-Juvenile Justice and Welfare Act (RA 9344, as amended by RA 10630)

Special rules governing cases of children in conflict with the law (CICL).

Jurisdiction typically resides in Family Courts, with diversion programs and special
considerations.

III. PROSECUTION OF OFFENSES

Who may prosecute (Sino ang pwedeng mag-prosecute ng kaso):

Sec. 5 (Rules of court): Who must prosecute criminal actions. – All criminal actions
commenced by a complaint or information shall be prosecuted
under the direction and control of the prosecutor.

However, in Municipal Trial Courts or Municipal Circuit Trial Courts when the
prosecutor assigned thereto or to the case is not available, the offended party, any peace
officer, or public officer charged with the
enforcement of the law violated may prosecute the case.

This authority shall cease upon actual intervention of the prosecutor or

upon elevation of the case to the Regional Trial Court.

Can a prosecutor be compelled to file a particular complaint or information?

(Mandatory ba na mag file ng complaint or information ang Prosecutor?)

-No. A prosecutor is under no compulsion to file a particular criminal

information where he is not convinced that he has evidence to support his

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 allegations thereof.

To whom should one appeal a decision of the prosecutor?(Kanino pwedeng i-apela ang disyon
ng prosecutor?)

- The decision of the Prosecutor may be appealed to the Secretary of Justice

(Departmenty of Justice) or in special cases by the President of the Philippines:

- The resolution of the Secretary of Justice may be appealed to the Office of the
President in cases of offenses punishable by death or reclusion perpetua

What may the prosecution do in relation to the complaint filed:

1. Dismiss; or
2. Require additional evidence or conduct hearing;
3. Resolve and elevate to the Court by preparing an information;

In the Philippines, public prosecutors have control over the criminal prosecution. Private
prosecutors may assist, but representation is under the direction and control of the public
prosecutor.

Institution of Criminal Actions and Civil Actions

A criminal action includes the civil action for the recovery of civil liability arising from the
offense.

The offended party may waive the civil aspect, reserve it for separate civil action, or institute
it jointly.

IV. PRELIMINARY INVESTIGATION

Preliminary investigation is an inquiry 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.

It is conducted by a prosecutor or by certain authorized public officers (e.g., provincial/city

prosecutors, judges in limited circumstances under older rules, though largely phased out).

Stages

1. Filing of the Complaint and Affidavits: The complainant submits a complaint, supporting
affidavits, and documentary evidence.

2. Counter-Affidavits: Respondent (Inaakusahan) is required to submit counter-affidavits and

other supporting documents.

3. Clarificatory Hearing (if necessary): The investigating prosecutor may hold a hearing to
clarify facts.

4. Resolution: The prosecutor either dismisses the complaint or finds probable cause to file an
Information in court.

Remedies (Pag hindi sang-ayon sa desisyon or resolusyon ng Prosecutor)

1. Motion for Reconsideration of the prosecutor’s resolution.

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2. Petition for Review to the Secretary of Justice.

3. Petition for Certiorari under Rule 65 of the Rules of Court if there is grave abuse of
discretion.

V. ARREST

General Rule: An arrest is made by virtue of a valid warrant of arrest issued by a competent
court.

Warrantless Arrests (Rule 113, Section 5):

In Flagrante Delicto: When the person to be arrested is caught in the act of committing,
attempting to commit, or having just committed an offense.

Hot Pursuit: When an offense has just been committed, and the arresting officer has probable
cause to believe based on personal knowledge of facts that the person to be arrested has
committed it.

Escapee: When the person to be arrested is a prisoner who has escaped from confinement or
while being transported.

Rights of the Person Arrested (Miranda rights):

Right to be informed of the cause of the arrest.

Right to remain silent.
Right to counsel during custodial investigation.

VI. SEARCH AND SEIZURE

Search Warrant:

Issued only upon probable cause in connection with a specific offense. Must particularly
describe the place to be searched and the items to be seized.

Warrantless Searches and Seizures:

Search Incident to Lawful Arrest

Consented Search
Customs Searches
Stop and Frisk based on genuine reason to believe a person is armed and dangerous
Exigent Circumstances (e.g., moving vehicles, checkpoint searches under certain conditions)

Exclusionary Rule Pag mali ang paraan ng pagkaka-search, ano ang mangyayari sa
nakuhang item?):

-Evidence obtained in violation of one’s constitutional rights is generally

inadmissible (the “fruit of the poisonous tree” doctrine).

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