Name: Roldan T.

Lumawas
Course/year: BS-Criminology 4A

CLJ 6
2ND assignment

1.What is criminal procedure?

Remedial law, it provides the method by which a person accused of a crime is
arrested, tried and punished.
2. Give the Constitutional Rights of the Accused as provided under the 1987
Constitution?

Section 14. (1) No person shall be held to answer for a criminal offense without due
process of law.

(2) In all criminal prosecutions, the accused shall be presumed innocent until the
contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be
informed of the nature and cause of the accusation against him, to have a speedy,
impartial, and public trial, to meet the witnesses face to face, and to have compulsory
process to secure the attendance of witnesses and the production of evidence in his
behalf. However, after arraignment, trial may proceed notwithstanding the absence of
the accused provided that he has been duly notified and his failure to appear is
unjustifiable.

3. Give the Statutory rights of an accused as provided for under Sec. 1, Rule
115 of Revised Rules on Criminal Procedure.

Section 1. Rights of accused at trial. – In all criminal prosecutions, the accused shall be
entitled to the following rights:

(a) To be presumed innocent until the contrary is proved beyond reasonable doubt.

(b) To be informed of the nature and cause of the accusation against him.
(c) To be present and defend in person and by counsel at every stage of the
proceedings, from arraignment to promulgation of the judgment. The accused may,
however, waive his presence at the trial pursuant to the stipulations set forth in his bail,
unless his presence is specifically ordered by the court for purposes of identification.
The absence of the accused without justifiable cause at the trial of which he had notice
shall be considered a waiver of his right to be present thereat. When an accused under
custody escapes, he shall be deemed to have waived his right to be present on all
subsequent trial dates until custody over him is regained. Upon motion, the accused
may be allowed to defend himself in person when it sufficiently appears to the court that
he can properly protect his rights without the assistance of counsel.

(d) To testify as a witness in his own behalf but subject to cross-examination on matters
covered by direct examination. His silence shall not in any manner prejudice him.

(e) To be exempt from being compelled to be a witness against himself.

(f) To confront and cross-examine the witnesses against him at the trial. Either party
may utilize as part of its evidence the testimony of a witness who is deceased, out of or
can not with due diligence be found in the Philippines, unavailable, or otherwise unable
to testify, given in another case or proceeding, judicial or administrative, involving the
same parties and subject matter, the adverse party having the opportunity to cross-
examine him.

(g) To have compulsory process issued to secure the attendance of witnesses and
production of other evidence in his behalf.

(h) To have speedy, impartial and public trial.

(i) To appeal in all cases allowed and in the manner prescribed by law.

4..Give the jurisdiction of the following courts in criminal cases:

     I. Supreme Court
         A. Original
        1. Exclusive
Petitions for certiorari, prohibition and mandamus
against the Court of Appeals & the Sandiganbayan
        2. Concurrent
a. With the Court of Appeals:
a. petitions for certiorari, prohibition and mandamus against
the Regional Trial Court
b. With the Court of Appeals & the Regional Trial Court
a. petitions for certiorari, prohibition and mandamus against the
lower courts
c. With the Sandiganbayan:
a. petitions for mandamus, prohibition certiorari, habeas
corpus, injunctions and ancillary writs in aid of its appellate
jurisdiction;
b. petitions for quo warranto arising from Executive Order #s 1,
2, 14 & 14 – A

        B. Exclusive Appellate

        1. By appeal
a. From the Regional Trial Court:
a. in all criminal cases involving offenses for which the penalty is reclusion
perpetua or life imprisonment;
b. those involving other offenses which, although not so punished, arose out
of the same occurrence or which may have been committed by the accused
on the same occasion.
b. Automatic review in criminal cases where the death penalty is imposed.

         2. By petition for review n certiorari

a. From the Court of Appeals;

b. From the Sandiganbayan; and
c. From the Regional Trial Court where only an error
or question of law is involved

     II. Court of Appeals

         A. Original
         1. Exclusive
a. Actions for annulment of judgments of the Regional Trial Court
         2. Concurrent
a. With the Supreme Court:
a. petitions for certiorari, prohibition and mandamus against
the Regional Trial Court
b. With the Supreme Court & Regional Trial Court:
a. petitions for certiorari, prohibition and mandamus against
the Regional Trial Court

        B. Exclusive Appellate

         1. By appeal
From the RTC in cases commenced therein, except those appealable to
the Supreme Court or the Sandiganbayan

         2. By petition for review

By petition for review

From the Regional Trial Court in cases appealed thereto from the
lower courts and not appealable to the Sandiganbayan

      III. Regional Trial Courts

        A. Exclusive Original
All criminal cases not within the exclusive jurisdiction of any court, tribunal or
body

        B. Exclusive Appellate
All cases decided by lower courts in their respective territorial jurisdictions

       IV. Family Courts

        A. Exclusive Original
 One or more accused is below 18 years of age but not less than 9 years of
age;
 One or more victims is a minor at the time of the commission of the
offense.
 PROVIDED, that the minor is found guilty, the court shall promulgate
sentence and ascertain any civil liability which the accused may have
 incurred. The sentence however shall be suspended without the need of
application pursuant to the “Child and Youth Welfare Act”.
B. Exclusive Appellate
 If an act constitutes a criminal offense, the accused shall be subject to
criminal proceedings and the corresponding penalties.
 If any question involving any of the above matters should arise as an
incident in any case pending in the regular courts, said incident shall be
determined in that court.
 Decisions and orders of the court shall be appealed in the same manner
and subject to the same conditions as appeals from the ordinary Regional
Trial Courts.

       V. Metropolitan, Municipal and Municipal Circuit Trial Courts

A. Exclusive Original
 All violations of city or municipal ordinances committed within their
respective territorial jurisdictions;
 All offenses punishable with imprisonment of not more than 6 years
irrespective of the amount of fine
 All cases of damage to property through criminal negligence
regardless of other penalties and the civil liabilities arising therefrom
 All offenses committed by public officers and employees in relation to their
office, including those employed in government-owned or controlled
corporations
except violations of RA 3019 & RA 1379
except Articles 210 – 212 of the Revised Penal Code
 All offenses committed by private individuals charged as co-principals,
accomplices or accessories
punishable with imprisonment of not more than 6 years; or
where none of the accused holds a position of salary Grade “27” and higher
B. Summary Procedure
 Traffic violations
 Violations of the rental law
Violations of city municipal ordinances
 All other offenses where the penalty does not exceed 6 months
imprisonment and/or P1,000 fine
irrespective of other penalties or civil liabilities arising therefrom
 All offenses involving damage to property through criminal negligence
where the imposable fine does not exceed P10,000.-
 VI. Sandiganbayan
        A. Original
        1. Exclusive
a. Violations of:
a. Republic Act 3019
(Anti-Graft and Corrupt Practices Act)
b. Republic Act No. 1379
c. Chapter 11, Section 2, Title VII, Book II of the Revised Penal Code
d. where one or more of the accused are officials occupying the following
positions in the government, whether in a permanent, acting or interim
capacity, at the time of the commission of the offense:
e. (1) Officials of the executive branch occupying the position of regional
director and higher (AKA Grade ‘27’ of RA 6758), including:
f. Provincial governors, vice-governors, members of the sangguniang
panlalawigan, provincial treasurers, assessors, engineers and other
provincial department heads;
g. City mayors, vice-mayors, members of the sangguniang panlungsod,
city treasurers, assessors, engineers and other city department heads;
h. Officials of the diplomatic service occupying the position of consul and
higher;
i. Philippine army and air force colonels, naval captains, and all officers
of higher rank;
j. Officers of the PNP while occupying the position of provincial director
and those holding the rank of senior superintendent or higher;
k. City and provincial prosecutors and their assistants, and officials and
prosecutors in the office of the Ombudsman and special prosecutor;
l. Presidents, directors of trustees, or managers of government owned or
controlled corporations, state universities or educational institutions or
foundations.
m. (2) Members of Congress and officials thereof (classified as Grade ‘27’
and higher under the CPCA of 1989);
n. (3) Members of the judiciary without prejudice to the provisions of the
Constitution;
o. (4) Chairmen and members of the Constitutional Commissions, without
prejudice to the provisions of the Constitution; and
p. (5) All other national and local officials (classified as Grade ‘27’ and
higher under the CPCA of 1989)
q. b. Other offenses or felonies whether simple or complexed with other
crimes committed in relation to their office by the public officials and
employees mentioned in Section 4(a), P.D. 1606, as amended by
Republic Act 7975
r. Civil and criminal cases filed pursuant to and in connection with
Executive Order #s 1,2,14 and 14 – A, issued in 1986

         2. Concurrent
a. With the Supreme Court:
a. petitions for mandamus, prohibition certiorari, habeas
corpus, injunctions and ancillary writs in aid of its appellate
jurisdiction;
b. petitions for quo warranto arising from Executive Order #s 1,
2, 14 & 14 – A