Syllabus Criminal Procedure SACP S. Salazar: Jurat?
Syllabus Criminal Procedure SACP S. Salazar: Jurat?
Syllabus Criminal Procedure SACP S. Salazar: Jurat?
CRIMINAL PROCEDURE
SACP S. Salazar
PRELIMINARY INVESTIGATION
INFORMATION
a. What is an information?
b. What is required before an information may be filed in court?
c. Limitation of the information
d. Required certification
e. Sufficiency of information
1. Authority of the officer
2. Allegations in the information
f. Designation of the offense
g. Discrepancy in the designation and the body of the information
h. Amendment or substitution
JURISDICTION
a. What is jurisdiction?
b. What confers jurisdiction
c. Waiver or stipulation
d. Venue of criminal actions
1. Committed in the Philippines
2. Committed in trains, aircrafts, vessel, etc.
3. Committed outside the Philippines
4. Continuing offenses
e. Exclusive original jurisdiction of the MTC
f. Jurisdiction of the Sandiganbayan
g. Jurisdiction over specific cases
a. Waiver or reservation
b. Suspension of civil actions
c. Effect of death
d. Civil indemnity
e. Payment of filing fees
Inordinate Delay
Tatad v. Sandiganbayan, G.R. No. 72335-39, March 21, 1988 (inordinate delay)
People v. Sandiganbayan, et al., G.R. No. 188165 (inordinate delay)
RELATED READING:
ARREST
a. Definition
b. General Rule
Ambre v. People, 678 SCRA 552
c. Restrictions
d. When warrants may issue?
1. Life span of warrant of arrest
2. Enforcement of the warrant of arrest
3. Effect if not enforced within the period
e. Rights of the arrested person
RA 7438
1. Miranda rights
2. Effect of failure to read the Miranda rights
f. Warrantless arrest
1. Arrest in flagrante delicto
People v. Lacap, 368 SCRA 64 (buy-bust operation)
People v. Vasquez, G.R. No. 200304, January 15, 2014; 724 Phil. 712 (buy-
bust operation)
People v. Molina, G.R. No. 133917, February 19, 2001 (reliable information);
People v. Chua, 396 SCRA 657; People v. Nuevas, G.R. No. 170233,
February 22, 2007
Comerciante v. People, G.R. No. 205926, July 22, 2015 (improper and
unpleasant movements)
People v. Alvario, 275 SCRA 529 (fact of rape)
Luz v. People, 667 SCRA 421 (RA 4136)
Miclat, Jr. v. People, G.R. No. 176077, August 31, 2011 (plain view)
Antiquera v. People, G.R. No. 180661, December 11, 2013
People v. Manlulu, G.R. No. 102140, April 22, 1994 (lapse of time/right of the
State)
People v. Calimlim, 416 Phil. 403 (illegality of arrest vs. validity of judgment)
People v. Tampis, 455 Phil. 371 (waiver on validity of arrest)
2. Effect of an invalid warrantless arrest
g. Arrest of a minor
Sec. 21 RA 9344
RELATED READING:
Rule 113
BAIL
a) Purpose of bail
b) Where to file?
c) Bail before filing of information
d) General Rule
e) Discretionary bail
f) Forfeiture and cancellation of bail
g) Bail pending appeal
h) Hold Departure Order
i) Precautionary Hold Departure Order
RELATED READING:
Rule 114
Atty. Serapio v. Sandiganbayan, G.R. No. 148468, January 28, 2003 (bail hearing;
arraignment not required)
Government of Hong Kong Special Administrative Region v. Judge Olalia, Jr.,
G.R. No. 153675, April 19, 2007 (bail in extradition case)
Zuño v. Cabebe, 486 Phil. 605 (mandatory hearing)
Enrile v. Sandiganbayan, G.R. No. 213847, August 18, 2015 (bail: not flight risk)
Leviste v. CA, 629 Phil. 587 (bail pending appeal)
OCA Circular No. 194-2018, September 10, 2018; A.M. No. 18-07-5-SC, August 7,
2018 (PHDO)
a) Presumption of innocence
b) Overcoming the presumption
c) Right to be heard
d) Right to counsel
e) Custodial investigation
f) Right against self-incrimination
g) Right to speedy trial
RELATED READING:
Rule 115
Del Castillo v. People, 664 SCRA 430; G.R. No. 185128, January 30, 2012
(presumption of innocence; how to overcome)
Miguel v. Sandiganbayan, 675 SCRA 560; G.R. No. 172035, July 4, 2012 (right to be
heard)
People v. Lara, G.R. No. 199877, August 13, 2012 (right to counsel; when arises)
People v. Ayson, 175 SCRA 216; G.R. No. 85215, July 7, 1989 (right against self-
incrimination)
Villa v. Escalona II, et al., G.R. Nos. 178057 & 178080, February 1, 2012 (right to
speedy trial)
a) Purpose
People v. Pangilinan, G.R. No. 171020, March 14, 2007 (purpose of arraignment)
a) Effects
b) Duty of the court
c) When should the accused be arraigned?
d) Conditional plea
e) Effect of conditional plea
f) Plea to lesser offense
g) Requirements
Daan v. Sandiganbayan, G.R. 163972-77, March 28, 2008
h) Plea of guilt to capital offense
People v. Estomaca, G.R. Nos. 117485-86, April 22, 1996
i) Improvident plea
j) Suspension of arraignment
k) Remedies available before arraignment
RELATED READING:
Rule 116
MOTION TO QUASH
When may be availed of?
What form is required?
What are the grounds?
Grounds not cited in the motion
RELATED READING:
Rule 117
RELATED READING:
JUDGMENT
Variance doctrine
• Sevilla v. People, G.R. No. 194390, August 13, 2014
• People v. Caoili, G.R. No. 196342, & Caoili v. People, G.R. No. 196848, both
decided on August 8, 2017
Promulgation of judgment
Promulgation of judgment in absentia
• People v. De Grano, G.R. No. 167710, June 5, 2009
Finality of Judgment
death penalty – automatic appeal
RELATED READING:
What is an appeal?
What may be appealed?
Within what period may an appeal be taken?
Effect of appeal to those who did not appeal?
People vs. Valdez, G.R. No. 175602, February 13, 2013
MTC
Appeal from dismissal by trial prosecutor
Fenequito, et al. vs. Vergara, Jr., G.R. No. 172829, July 18, 2012
RTC
Ordinary
appellant’s brief
appellee’s brief
appellant’s reply
Petition for review
Extension of time
When petition for review not applicable
If penalty is death
A.M. No. 00-5-03-SC, September 28, 2004; OCA Circular No. 57-2005, May 12,
2005; People v. Mateo, G.R. No. 147678-87, July 7, 2004
A.M. No. 13-7-05-SB, October 9, 2018 (Appeals to Sandiganbayan)
CA
Dismissal of appeal
reversal or modification
conduct of trial or hearing
death penalty
Ombudsman
Morales v. CA & Binay, G.R. No. 217126-27, November 10, 2015
Sandiganbayan
A.M. No. 13-7-05-SB, October 9, 2018 (Appeals to SC)
PROCEDURES
RTC and MTC
Exceptions
SC
RELATED READING:
Custom searches
Reasonable expectation of privacy
• People v. Leila Johnson, G.R. No. 138881, December 18, 2000
PROVISIONAL REMEDIES
RELATED READING: