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  • BB Criminal Procedure Outline

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    The document outlines the jurisdiction and procedures involved in criminal cases under Philippine law. It discusses the jurisdiction of various courts over criminal matters, as well as the processes for initiating criminal actions, conducting trials, issuing judgments, and appealing verdicts. Specific procedures addressed include preliminary investigations, filing complaints or informations, determining the sufficiency of charges, conducting trials within constitutional time limits, issuing search warrants, and applying provisional legal remedies.

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    Bb Criminal Procedure Outline

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    Bb Criminal Procedure Outline

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    The document outlines the jurisdiction and procedures involved in criminal cases under Philippine law. It discusses the jurisdiction of various courts over criminal matters, as well as the processes for initiating criminal actions, conducting trials, issuing judgments, and appealing verdicts. Specific procedures addressed include preliminary investigations, filing complaints or informations, determining the sufficiency of charges, conducting trials within constitutional time limits, issuing search warrants, and applying provisional legal remedies.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pdf or txt
    34 views6 pages

    BB Criminal Procedure Outline

    Uploaded by

    mailguzman
    The document outlines the jurisdiction and procedures involved in criminal cases under Philippine law. It discusses the jurisdiction of various courts over criminal matters, as well as the processes for initiating criminal actions, conducting trials, issuing judgments, and appealing verdicts. Specific procedures addressed include preliminary investigations, filing complaints or informations, determining the sufficiency of charges, conducting trials within constitutional time limits, issuing search warrants, and applying provisional legal remedies.

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    of 6

    CRIMINAL PROCEDURE

    CRIMINAL PROCEDURE
    Diosdado M. Peralta

    I. JURISDICTION – IN GENERAL

    A. Introduction

    1. Criminal Jurisdiction Defined

    2. Elements of Jurisdiction

    2.1 Penalty Attached


    2.2 Nature of the Offense Charged
    2.3 Territorial Jurisdiction over Place of Crime Commission

    B. Requisites for Valid Exercise

    1. Jurisdiction over Subject Matter

    2. Jurisdiction over Territory Where Offense Committed

    2.1 General Rule

    2.2 Exceptions

    2.2.1 Change of Venue by Supreme Court Order


    2.2.2 When the Law Provides Otherwise
    2.2.3 Continuing Crime Committed During a Voyage

    3. Jurisdiction Determined by Averments of Information

    4. Jurisdiction over the Person of Accused

    II. JURISDICTION – IN PARTICULAR

    A. Expanded Exclusive Original Jurisdiction of Municipal Trial


    Courts

    1. Violations of Ordinances
    2. All Offenses Punishable by Prison Sentences not Exceeding 6
    Years
    3. Damage to Property through Reckless Imprudence
    4. Imposable Penalty is Destierro
    5. Special Jurisdiction in Absence of RTC Judges

    J-i
    CRIMINAL PROCEDURE

    B. Jurisdiction of Regional Trial Courts

    1. Regular Cases
    2. Special Cases

    C. Jurisdiction of Family Courts

    D. Original and Exclusive Jurisdiction of the Sandiganbayan

    E. Jurisprudence Involving Crimes Committed by Public Officials


    and Employees

    1. Meaning of Crime Committed “In Relation to Office”


    2. What should be Alleged in the Information?

    III. PROSECUTION OF OFFENSES

    A. Institution of Criminal Action

    1. Complaint or Information

    1.1 Requisites
    1.2 Definitions

    2. Institution of Criminal Action

    2.1 Preliminary Investigation - Purpose


    2.2 Preliminary Investigation - Precondition to Filing in Court;
    General Rule
    2.3 Exception to General Rule
    2.4 Effect of Institution of Criminal Action

    3. Who Must Prosecute?

    4. Intervention of offended party by counsel

    B. Distinction Between Control of Prosecution by Public Prosecutor


    and Control by Court

    1. Control by Prosecution
    2. Control by Court Once Case is Filed
    3. Limitations on Control by Court

    C. Testing Sufficiency of Complaint or Information

    J-ii
    CRIMINAL PROCEDURE

    D. Strict Scrutiny of Averments in Complaint or Information,


    Particularly in Heinous Crimes

    1. Cause of the Accusation

    E. Duplicity of the Offense and Continuing Crimes

    1. Duplicity of the Offense


    2. Exceptions to Rules on Duplicity
    3. No Duplicity in Rape with Homicide
    4. No Duplicity in Charge of Estafa

    F. Continuing Crimes: The Principle of Delito Continuado

    G. Rule on Complex Crimes

    1. Illegal Possession of Firearm and Unlawful Killing with the Use


    Thereof
    2. Reckless Imprudence Cases

    H. Amendment or Substitution

    IV. PROSECUTION OF CIVIL ACTION

    A. General Rule

    B. Civil Liability Not Arising from Crime, Not Extinguished by


    Acquittal

    C. Separate Civil Action to Recover Civil Liability Allowed for


    Obligations Not Arising from Crime, e.g., quasi delict

    D. Extinction of Penal Action Does Not Extinguish Civil Action

    E. Exception – Prejudicial Civil Action

    V. MOTION TO QUASH

    VI. PROCEDURAL CHECKLISTS ON CRIMINAL PROCEDURE

    A. For Cases Cognizable by the First Level Courts

    B. For Cases Cognizable by the Regional Trial Courts

    C. Common Procedures in First and Second Level Courts

    J-iii
    CRIMINAL PROCEDURE

    VII. CONDUCTING THE TRIAL

    A. Trial

    B. Compliance with the Constitutional Limitations on Periods

    C. Pertinent Rules

    D. How to Deal with Accused’s Motion for Examination of His/Her


    Witness Before Trial

    E. How to Deal with Prosecution’s Motion for Examination of its


    Witness Before Trial

    F. If a Motion to Determine Competency to Stand Trial is Filed

    G. Demurrer to Evidence

    VIII. JUDGMENT

    A. Definition

    B. Damages that may be Awarded

    C. Promulgation of Judgment

    1. What to Do

    D. Modification of Judgment

    1. Modify or Set Aside a Judgment of Conviction Only

    E. Entry of Judgment

    IX. MOTION FOR NEW TRIAL OR RECONSIDERATION

    A. Grounds for New Trial

    B. Ground for Reconsideration

    C. Requisites for a Motion for a New Trial or Reconsideration

    J-iv
    CRIMINAL PROCEDURE

    X. PROBATION

    A. Sample Probation Court Forms

    XI. APPEAL

    A. Cases where Death Penalty is Imposed

    XII. ISSUANCE OF SEARCH WARRANTS

    A. Rule on Forum Shopping

    1. Seizure of Personal Property


    2. Requisites for Issuance
    3. Examination of Complaint

    B. Meaning of Probable Cause

    C. Basis of Probable Cause; Personal Knowledge

    1. Meaning of Knowledge; Test is Liability for Perjury


    2. Insufficiency of Affidavits
    3. Illustrative Case
    4. Factors that may be Considered in the Determination of Probable
    Cause: Time of Application in Relation to Alleged Offense
    Considered in Determination of Probable Cause
    5. Specific Offense Must be Charged and Not Violations of Codes
    6. The Need for Searching Questions and Answers by the Judge
    7. Requisite of Particular Description of Things to be Seized
    8. Tests to Determine Particularity
    9. Description of Place to be Seized
    10. Determination of Whether Search Warrant Describes Premises
    with Particularity

    XIII. PROVISIONAL REMEDIES

    A. Availability of Provisional Remedies

    B. Attachment

    J-v
    CRIMINAL PROCEDURE

    XIV. PROCEDURE IN SANDIGANBAYAN

    A. Stages in Criminal Cases

    B. Procedure in Appealed Cases

    1. Mode of Appeal
    2. Stages in Appeals

    J-vi

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