Reviewer

Criminal Procedure Reviewer
PRELIMINARY CHAPTER What is criminal procedure?

Criminal procedure is the method prescribed by law for the apprehension and
prosecution of persons accused of any criminal offenseand for their punishment, in case
of conviction.
What is criminal procedure concerned with?
Criminal procedure is concerned with the procedural steps through which the
criminal case passes, commencing with the initial investigation of a crime and
concluding with the unconditional release of the offender. It is a generic term used to
describe thenetwork of laws and rules which govern the procedural administration of
criminal justice.
What are the sources of criminal procedure?
1.Spanish Law of Criminal Procedure2.General Order No. 58, dated
A p r i l 2 3 1 9 0 0 3.Amendatory acts passed by the Philippine Commission4.The
various quasi acts, the Philippine Bill of 1902, the Jones Law of 1916, the TydingsMcDuffie Law, and the Constitution of the Philippines5.The Rule of Court of 1940,
and the 1964, 1985, and 1988 Rules on Criminal Procedure 6.Various Republic
Acts (RA 240, Judiciary Act, RA 8249 creating the Sandiganbayan, Speedy Trial
Act)7 . P r e s i d e n t i a l D e c r e e s 8.1987 Constitution, particularly Art. III Bill of
Rights9 . C i v i l C o d e ( A r t . 3 2 , 3 3 , 3 4 ) 10.Certain judicial decisions11.RA
8393 The Speedy Trial Act1 2 . C i r c u l a r s 13.The Revised Rules on Criminal
Procedure (Dec 1, 2000)
What are the three systems of criminal procedure?
1.Inquisitorial the detection and prosecution of offenders are not left to the
initiative of private parties but to the officials and agents of the law. Resort is
made to secret inquiry to discover the culprit, and violence and torture are often
employedto extract confessions. The judge is not limited to the evidence brought before
him but could proceed with his own inquirywhich was not confrontative.
2. Accusatorial The accusation is exercised by every citizen or by a member of the
group to which the injured party belongs.As the action is a combat between the parties,
the supposed offender has the right to be confronted by his accuser. Thebattle in the
form of a public trial is judged by a magistrate who renders a verdict.
The essence of the accusatorialsystem is the right to be presumed innocent.
To defeat this presumption, the prosecution must establish proof of guiltbeyond
reasonable doubt (moral certainty).3.Mixed This is a combination of the
inquisitorial and accusatorial systems. The examination of defendants and
otherpersons before the filing of the complaint or information is inquisitorial.The judicial
set-up in the Philippines is
accusatorial or adversary in nature
. It contemplates two contending parties beforethe court, which hears them impartially
and renders judgment only after trial.
Distinguish between criminal law and criminal procedure.
Criminal law is substantive; it defines crimes, treats of their nature, and provides for
their punishment. Criminal procedure, on theother hand, is remedial or procedural;
it provides for the method by which a person accused of a crime is arrested,
tried andpunished. Criminal law declares what acts are punishable, while criminal
procedure provides how the act is to be punished.
How are the rules of criminal procedure construed?
The rules of criminal procedure shall be liberally construed in favor of the accused and
strictly against the state to even the odds infavor of the accused against whom the
entire machinery of the state is mobilized.
What is jurisdiction?
Jurisdiction (in general) is the power or authority given by the law to a court or tribunal
to hear and determine certain controversies.It is the power of courts to hear and
determine a controversy involving rights which are demandable and enforceable.
Distinguish jurisdiction from venue.
Venue is defined as the particular country or geographical area in which a court with
jurisdiction may hear and determine a case. Itmeans the place of trial. On the other
hand, jurisdiction is the power of the court to decide the case on the merits. Venue is
thusprocedural, while jurisdiction is substantive. In civil cases, venue may be waived or
stipulated by the parties. On the other hand, jurisdiction is granted by law or the
Constitution and cannot be waived or stipulated.
What is criminal jurisdiction?

Criminal jurisdiction is the authority to hear and try a particular offense and
impose the punishment for it.
What are the elements of jurisdiction in criminal cases?
1.The nature of the offense and/or the penalty attached
thereto2.The fact that the offense has been committed within the
territorial jurisdiction of the court.
What are the requisites for a valid exercise of criminal jurisdiction?
1 . J u r i s d i c t i o n o v e r t h e p e r so n 2 . J ur i s d i c t i o n o v e r
t h e t e r r i t o r y3 . J u r i s d i c t i o n ov er t h e su b je c t m a t t e r
What is jurisdiction over the subject matter?
It is the power to hear and determine cases of the general class to which
the proceedings in question belong and is conferred by thesovereign
authority which organizes the court and defines its powers.
Which law determines the jurisdiction of the court the law in force at
the time of the commission of the offense orthe one in force as of the
time when the action is filed?
Jurisdiction is determined by the law as of the time when the action is filed,
not when the offense was committed. The exception tothis rule is where
jurisdiction is dependent on the nature of the position of the accused at the
time of the commission of the offense.In this case, jurisdiction is determined by
the law in force at the time of the commission of the offense.
What is adherence of jurisdiction?
The principle of Adherence of Jurisdiction means that once
jurisdiction is vested in the court, it is retained up to the end of
thelitigation. It remains with the court until the case is finally
terminated. The exception to this is wherea subsequent statute changing
the jurisdiction of a court is given retroactive effect, it can divest a court of
jurisdiction over casesalready pending before it before the effectivity of
the statute.
A was charged with an offense whose penalty was below 6 years. The
case was filed with the MTC. After trial, theMTC convicted him of an
offense with a higher penalty. A questioned the conviction, claiming
that the MTC had no jurisdiction over the offense since the penalty
prescribed for it was higher than 6 years. Is A correct?
A is wrong. Jurisdiction over the subject matter is determined by the
authority of the court to impose the penalty imposable giventhe allegation in
the information. It is not determined by the penalty that may be meted out
to the offender after trial but to theextent of the penalty which the law
imposes for the crime charged in the complaint.
If during the proceedings, the court finds that it has no jurisdiction, how
should it proceed?
Where the court has no jurisdiction, lower courts should simply dismiss the
case. On the other hand, the Supreme Court and theCourt of Appeals may
refer the case to the court of proper jurisdiction.
What is the jurisdiction of Municipal Trial Courts in criminal cases?
1.
Exclusive original jurisdiction over all
violations of city or municipal ordinances
committed within their respectiveterritorial jurisdiction;
2.
Exclusive original jurisdiction
over all offenses punishable with imprisonment not exceeding 6 years
regardless of the fine and other accessory penalties and civil liability
3.
Offenses involving
damage to property through criminal negligence
4.
Where the only penalty provided by law is a fine: exclusive original
jurisdiction over offenses punishable with a
fine notexceeding P4,000
5.Election offenses:
Failure to register or failure to vote
6.Special Jurisdiction to hear and decide petitions for a writ of
habeas corpus
or application for
bail
in the province or citywhere the
RTC judge is absent
7 . B P 2 2 ( ? )
What is the jurisdiction of Regional Trial Courts in criminal cases?
1.
Exclusive original jurisdiction in all criminal cases not within the exclusive
jurisdiction of any court, tribunal or body, exceptthose falling under the
exclusive and concurrent jurisdiction of the Sandiganbayan.
All criminal cases where the penalty ishigher than 6 years, including
government-related cases wherein the accused is not
one of those falling under the jurisdiction of
the Sandiganbayan.2.Other laws which specifically lodge jurisdiction
in the RTC:a . L a w o n wr i t t e n d e f a m a t i o n o r l i b e l b . D e c r e e o n
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Criminal Procedure Reviewer

PRELIMINARY CHAPTER What is criminal procedure?

What is criminal jurisdiction?

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