Criminal Procedure Syllabus
Criminal Procedure Syllabus
By:
Atty. Fernand A. Castro
A. General Matters
1. Distinguish Jurisdiction over subject matter from jurisdiction over
person of the accused
Cases: Antiporda, Jr. v. Garchitorena, 321 SCRA 551; Cruz v. Court of
Appeals, 388 SCRA 72; Cojuangco v. Sandiganbayan, 300 SCRA 367;
Velasco v. Court of Appeals, 245 SCRA 677
2. Requisites for exercise of criminal jurisdiction
How Jurisdiction over the Subject Matter is conferred?
Cases: Durisol Philippines, Inc. v. Court of Appeals, G.R. No. 121106,
February 20, 2002; De Jesus v. Garcia, 19 SCRA 554; Tolentino v. Social
Security Commission, 138 SCRA 428; Municipality of Sogod v.
Sandiganbayan, 312 SCRA 77; Fukuzume v. People, 474 SCRA 570;
Cudia v. Court of Appeals, 284 SCRA 173; Uy v. Sandiganbayan, 312
SCRA 77; Cuyos v. Garcia, 160 SCRA 302
How Jurisdiction over the Subject Matter is determined?
Cases: Mobilia Products v. Umezawa, G.R. No. 149357, March 4, 2005;
Macasaet vs. People, 452 SCRA 255; Pangilinan v. Court of Appeals, 321
SCRA 51
How Jurisdiction over the person of the accused is acquired?
Cases: Valdepenas v. People, 16 SCRA 871; Gimenez v. Nazareno, 160
SCRA 4; Sapugay v. Court of Appeals, 183 SCRA 464; Miranda vs.
Tuliao, G.R. No. 159763, March 31, 2006
3. Jurisdiction of Criminal Courts (B.P. 129; Revised Rule on Summary
Procedure; R.A. 7691
Jurisdicrion of the Sandiganbayan (P.D. 1606; R.A. 7975 and R.A. 8249)
4. When injunction may be issued to restrain criminal prosecution
Cases: Camanag v. Guerero, 335 Phil 945; Paderanga v. Drilon 196 SCRA
86; Brocka v. Enrile; Crespo v. Mogul, 151 SCRA 462; Mercado v. C.A.,
245 SCRA 594; Samson v. Guingona, Jr., G.R. No. 123504, December 14,
2000; Metropolitan Bank and Trust Company v. Reynaldo and Adrandea,
G.R. No. 164538, August 9, 2010
4. Exception to the rule that sustaining the motion is not a bar to another
prosecution
5. Double Jeopardy
6. Provisional Dismissal
J. Pre-trial
1. Matters to be considered during pre-trial
2. What the court should do when prosecution and offended party agree to
the plea offered by the accused
3. Pre-trial agreement
4. Non-appearance during pre-trial
5. Pre-trial order
6. Referral of some cases for Court Annexed Mediation and Judicial
Dispute Resolution
K. Trial
1. Instances when presence of accused is required by law
2. Requisite before trial can be suspended on account of absence of
witness
3. Trial in Absentia
4. Remedy when accused is not brought to trial within the prescribed
period
5. Requisites for discharge of accused to become a state witness
6. Effects of Discharge of accused as state witness
7. Demurrer to Evidence
L. Judgment
1. Requisites of a judgment
2. Contents of Judgment
3. Promulgation of judgment; instances of promulgation of judgment in
absentia
4. When does judgment become final (four instances)
M. New Trial or Reconsideration
1. Grounds for New Trial
2. Grounds for Reconsideration
3. Requisites before a new trial may be granted on ground of newly
discovered evidence
4. Effects of granting a new trial or reconsideration