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Criminal Procedure Final Exam Reviewer
Criminal Procedure Final Exam Reviewer
A
sworn
written
statement charging a person with
an offense subscribed by the
offended party, any peace officer,
or public officer charged with the
enforcement of the law violated.
The complaint as defined under Section
3 is different from the complaint filed
with the Prosecutors Office. The
complaint mentioned in this section
refers to one filed in court for the
commencement
of
a
criminal
prosecution for violation of a crime,
Information
Subscribed by the
fiscal.
(Indispensable
requirement)
It
may
be
filed
either in court or in
the
prosecutors
office.
court.
It must be made
under oath.
It need not be
under oath. The
fiscal who files it is
already
acting
under his oath of
office.
It usually refers to
felonies
which
cannot
be
prosecuted
de
officio.
It usually refers to
public crimes.
2. Define/explain/purposes:
RULE 112. SEC. 1. Preliminary
Investigation
Defined;
When
Required 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.
Except as provided in Section 7 of this
Rule, a preliminary investigation is
required to be conducted before the
filing of a complaint or information for
an offense where the penalty prescribed
by law is at least four (4) years, two (2)
months and one (1) day without regard
to the fine.
Purpose: to determine whether there
is a sufficient ground to engender a
well-grounded belief that a crime has
been
committed
and
that
the
respondent is probably guilty thereof,
and should be held for trial. And id=f
the
evidence
so
warrants,
the
investigating prosecutor is duty bound
to file the corresponding information.
P.I
or
reinvestigation, unlike trial, is
summary in nature. The direct
examination of witnesses is
substituted by the complainants
sworn statement and that of his
witnesses, and by the counteraffidavit of the respondent and
his witnesses. Purpose: to
determine if there is probable
cause to proceed with criminal
prosecution.
b. Preliminary investigation by
trial judge While an RTC Judge
may no longer conduct P.I. to
ascertain
whether
there
is
ACCUSED
WITHOUT
Inquest
proceedings
must
be
terminated within the period prescribed
under the provisions of Article 125 of
the Revised Penal Code, as amended:
1. Crime
punishable
by
light
penalties: within twelve (12)
hours;
2. Crime punishable by correctional
penalty: within eighteen (18)
hours; and
3. Crime punishable by afflictive or
capital punishment: within thirtysix (36) hours.
Two situations contemplated under this
section:
1. When a person is lawfully
arrested without a warrant for an
Bail on recognizance
RULE
114.
SECTION
15.
RECOGNIZANCE Whenever allowed
by law or these Rules, the court may
release a person in custody on his own
recognizance or that of a responsible
person.
-- It refers to an obligation of record,
entered into before some court or
officer authorized to take it with a
condition to do some particular act, the
most usual condition in criminal cases
being the appearance of the accused
for trial.
Note: The release of the accused may
be on his own recognizance, which
means that he has become his own
jailer (Character Loan).
SECTION 16. BAIL WHEN NOT
REQUIRED;
REDUCED
BAIL
ON
RECOGNIZANCE Instances wherein the
accused
may
be
released
on
recognizance, without putting Bail or on
reduced Bail
Can
be
released
1. R.A.
6036
Offense
charged
is
violation of an
ordinance,
light felony or
a
criminal
offense,
the
imposable
penalty
wherefore
does
not
exceed six (6)
months
of
imprisonment
and/or fine of
P 2,000, he
can be placed
in
recognizance
of himself or
of
a
responsible
citizen
2. R.A. 7610
One of the
rights of child
arrested
acting as a
combatant,
spy, carrier or
guide in an
armed conflict
is
to
be
released
in
recognizance
to the custody
of DSWD or
responsible
member of the
community
3. P.D. 603 In
case
of
a
youthful
offender held
for physical or
mental
examination,
trial or appeal,
if unable to
furnish
bail
and under the
circumstances
4. Rule 114, Sec.
16 A person
who has been
in custody for
a period equal
to or more
than
the
possible
maximum
imprisonment
prescribed for
the
offense
charged,
without
prejudice
to
the
continuation
of the trial or
the
proceedings
on appeal;
5. Rule 114, Sec.
1624 Where
the
accusedOn reduced bail or
has applied foron
his
own
probation andrecognizance
before
the
same
has
been resolved
but no bail
was filed or
the accused is
incapable
of
filing one, in
which case he
may
be
released
on
recognizance;
6. Sec. 16 of the
Rules
on
Summary
Procedure
accused was
arrested
for
failure
to
appear when
required
by
the court. In
such instance,
the court can
allow
the
accused to be
released
either on bail
or
recognizance
of
a
responsible
citizen
Rule 114, Sec. 16
A
person
accused of an
offense with a
maximum penalty
of destierro shall
be released after
30
days
of
preventive
imprisonment.
Rule 114, Sec. 16 A
person in custody for
a period equal to or
more
than
the
minimum
of
the
principal
penalty
prescribed for the
offense
charged,
without application
of the indeterminate
sentence law or any
modifying
circumstance
shall
be
released
on
reduced bail or on
his
own
recognizance, at the
discernment of the
court.
1.When he is caught
committing
the
offense in flagrante;
2.When he confesses
to the commission of
the offense unlessDischarged of accused to be a state
the confession iswitness
later repudiated by
RULE 119. SECTION 17. DISCHARGE
him
OF ACCUSED TO BE STATE WITNESS
3.When he is found
Motion to discharge should be made by
to have previously
the prosecution before resting its case.
escaped from legal
Note: The rule expressly allows the
confinement, evaded
discharge of more than one defendant
sentence, or jumped
(People v. Bacsa, G.R. No. L-11485, July
bail;
11, 1958).
4.When he is foundRequisites for Discharge
to have previously
violated
the 1. Two or more persons are jointly
charged with a commission of an
provisions of Sec. 2;
offense;
2.
The prosecution files a motion to
5.When he is found
discharge one
to be a recidivist or a
habitual delinquent