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  • Criminal Procedure Outline 2021

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    This document outlines the subject matter of a course on Criminal Procedure, covering topics such as jurisdiction of criminal courts, warrantless arrests, search and seizure, preliminary investigation, bail, trial procedures, judgment, probation, and appeals. Key cases are cited for each topic as well as relevant rules, statutes, and administrative circulars. The course aims to define important concepts and discuss applicable laws and jurisprudence related to the criminal justice system in the Philippines.

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    This document outlines the subject matter of a course on Criminal Procedure, covering topics such as jurisdiction of criminal courts, warrantless arrests, search and seizure, preliminary investigation, bail, trial procedures, judgment, probation, and appeals. Key cases are cited for each topic as well as relevant rules, statutes, and administrative circulars. The course aims to define important concepts and discuss applicable laws and jurisprudence related to the criminal justice system in the Philippines.

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    © All Rights Reserved
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    Download as doc, pdf, or txt
    239 views4 pages

    Criminal Procedure Outline 2021

    Uploaded by

    Ry Chan
    This document outlines the subject matter of a course on Criminal Procedure, covering topics such as jurisdiction of criminal courts, warrantless arrests, search and seizure, preliminary investigation, bail, trial procedures, judgment, probation, and appeals. Key cases are cited for each topic as well as relevant rules, statutes, and administrative circulars. The course aims to define important concepts and discuss applicable laws and jurisprudence related to the criminal justice system in the Philippines.

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    of 4

    Subject Matter Outline (SMO)

    in CRIMINAL PROCEDURE SY 2021


    by
    Associate Justice Jean Marie A. Bacorro-Villena

    I. INTRODUCTION
    a. Definition-
    b. Systems of Criminal Jurisdiction
    c. Principle of Due Process
    d. Requisites for the valid exercise of criminal jurisdiction

    Cases:
    Miranda v. Tuliao- 31 March 2006
    Tijam v. Sibonghanoy – 15 April 1968
    Paderanga v. CA - 28 August 1995
    Lacson v. Executive Secretary, 301 SCRA 298
    Pangilinan v. CA - 321 SCRA 51
    David v. Agbay – 18 March 2015
    Serana v. Sandiganbayan – 22 January 2008

    e. Jurisdiction of different criminal courts


    (First and second level courts; special courts like family courts; original and
    exclusive criminal jurisdiction of the Sandiganbayan and the Court of Tax Appeals)

    People v. Sandiganbayan, 15 September 2010.


    *meaning of “in relation to their office”

    II. WARRANTLESS ARREST


    Rule 113, Section 5
    Republic Act No. 7438
    Article III, Sec 12, Constitution
    Rule 112, Section 7
    Rule 114, Section 26
    Inquest Proceedings
    Custodial Investigation

    Cases:
    Mahipus v. People, 13 February 2019
    Veridiano v. People, 07 June 2017
    People v. Paliza, 14 January 2015
    Pestilos v. Generoso, 10 November 2014
    People v. Villareal, G.R. No. 201363, 18 March 2013
    People v. Martinez, 13 December 2010
    People v. Molina, 19 February 2001
    People v. Mengote, 25 May 1994
    People v. Malmstedt, 19 June 1991
    People v. Chua, 17 June 1999

    III. RULE 126: SEARCH and SEIZURE


    Rule 126, Section
    Art 3, Section 2, 1987 Constitution
    SC Ad. Circ. No. 13, 1 October 1985; SC Adm. Circ. No. 20-97, 27 March 1997
    SC No. 99-09-99, 25 January 2000
    Cases:
    People v. Sapla – 16 June 2020
    Mahipus v. People, 13 February 2019
    People v. Pastrana – 21 February 2018
    People v. Fbronola, 04 April 2018
    Macad v. People, 01 August 2018
    Oga Yon v. People – 2 September 2015
    People v. Cogaed, 30 July 2014
    People v. Mariacos- 16 June 2010
    Sps. Marimla v. People, 16 October 2009
    People v. CA, 8 December 2000
    Homar v. People – 2 September 2015

    III . PRELIMINARY INVESTIGATION


    Rule 112
    A.M. No. 05-8-26-SC
    a. Definition and Purpose (SEC 1, Par 1)
    b. Coverage
    c. Nature and Character

    Cases:
    Santos v. Go- 19 October 2005
    Go v. Ca - 11 February 1992
    Yusop v. Sandiganbayan - 22 February 2001
    Duterte v. Sandiganbayan - 27 April 1998
    Bautista v. CA - 6 July 2001
    Webb V. De Leon 23 August 1995
    Ho v. People - 9 October 1997
    Leviste V. Alameda -10 August 2010
    Mendoza V. People, April 2014.

    IV. INSTITUTION OF CRIMINAL ACTION


    Rule 110
    See Article 14, RPC
    Article 266-A, RPC
    Article 90
    RA 7659
    RA 3226, Section 2

    Cases:
    Crespo v. Mogul, 151 SCRA 462
    Villareal v. Aliga, 13 January 2014
    Ricarze v. Court of Appeals, 9 February 2007
    People v. Aquino, 6 August 2002
    Zapanta v. People, 20 March 2013
    Agustin v. Pamintuan, 22 August 2005
    Pacoy v. Cajigal, 28 September 2007
    People v. Catubig, 23 August 2001
    Baltazar v. Chua, February 27, 2009

    V. PROSECUTION OF CIVIL ACTION


    Rule 111
    See also Articles 100, 103, RPC

    Cases:
    Supreme Transporttaion Lines v. Ruz, 15 August 2018
    Santos v. Pizzaro, July 29, 2005

    Casupanan v. Laroya, 26 August 2002


    Rimando v. People, 13 October 2014
    Dreamwork Construction v. Janiola, 30 June 2009
    Manlilic v. Calaunan, 25 January 2007
    Sps. Jose v. Sps. Suarez, 30 June 2008
    Marbella-Bobis v. Bobis, 31 July 2000

    VI. ARREST AND SEARCH WITH WARRANT


    Rule 113 (except Section 5) and Rule 126 (except Section 13)
    RA 7438
    Procedure

    VII. BAIL
    Rule 114
    RA 9346
    RA 9344

    a. Constitutional basis
    b. Definition and Purpose (Sec. 1)
    c. Origin
    Presumption of innocence, persons should not be subjected to loss of freedom
    unless his guilt is proved beyond reasonable doubt
    d. Custody of Law; Meaning; How Acquired

    Cases:
    People v. Tanes, 03 April 2019
    Recto v. People, 05 December 2018
    Leviste v. CA, 17 March 2010
    Paderanga v. CA- 247 SCRA 741
    Miranda v. Tuliao- 31 March 2006
    People v. Tanes, 03 April 2019
    Recto v. People, 05 December 2018
    Basco v. Rapatalo, 5 March 1997

    VIII. MOTION TO QUASH


    Rule 117
    a. When to file
    b. Grounds

    Cases:
    People v. Laquio 16 March 2007
    People v. Alejandro 11 January 2018
    Aguilar v. San Pedro 17 September 2010
    People v. Sandiganbayan 21 March 2011
    Pacoy v. Cajiga, 28 September 2007
    People v. Tan 26 July 2010
    Villareal v. Aliga 13 January 2014
    Bonsubre v. Yerro 11 February 2015

    IX. ARRAIGNMENT and RIGHTS of the ACCUSED


    Rule 115 and Rule 116
    Supreme Court A.M. No. 03-1-09, 16 August 2004
    AM 15-06-10-SC
    Cases:
    Uy v. Arsenio, 27 October 2006
    People v. Ortillas, 24 May 2005
    People v. Sesbreno, 9 September 1999
    People v. Ayson, 7 July 1989
    People v. Estomaca, 22 April 1996
    Daan v. Sandiganbayan, 28 March 2008
    Chavez v. CA, 24 SCRA 71
    People v. Derilo, 18 April 1997

    X. PRE-TRIAL
    Rule 118
    a. purpose
    b. delays in trial
    AM No. 19-10-2020-SC

    XI. TRIAL
    Rule 119
    a. Periods of Trial
    b. Excluded Delays
    c. Order of Trial
    d. Final v. Interlocutory Order (remedies)
    RA 8493, Speedy Trial Act
    SC Circ. 38-95, 11 August 1998
    Continuous Trial Act
    RA 6981
    Rule 132, Section 3
    AM No. 004-07-SC, 15 December 2000 (Examination of Child Witness)
    AM No. 12-8-8-SC (Judicial Affidavit Rule)

    X. JUDGMENT
    Rule 120
    PD 968 (Probation Law)
    RA 9344, Section 38

    XI. MOTION FOR NEW TRIAL (“Berry Rule”) or RECONSIDERATION


    XII. PROBATION
    XIII. APPEAL
    Textbook: HERRERA, Remedial Law IV

    *For queries and requests for consultations re course outline, please course your
    through class beadle. Thank you.

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