PRELIMINARIES

Rules of court Outline

Civil Procedure - Rule 1 to Rule 60

Special Civil actions – Rule 62 to Rule 71 71
Special Proceedings – Rule 72 to Rule 109 37
Criminal Proceedings – Rule 110 to Rule 127 27
Evidence – Rule 128 to Rule 134 6

1. What is Criminal Procedure?

Criminal procedure is the method prescribed by law for the apprehension
and prosecution of persons accused of any criminal offense and for their
punishment, in case of conviction.
2. What is criminal procedure concerned with?
Criminal procedure treats of the series of processes by which the criminal
laws are enforced and by which the State prosecutes persons who violate the penal
laws. In the clear language of the Court, criminal procedure "regulates the steps by
which one who committed a crime is to be punished"

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 the network of laws and rules which govern the procedural
administration of criminal justice.

3. What are the sources of criminal procedure?

1. Spanish Law of Criminal Procedure
2. General Order No. 58, dated April 23 1900
3. Amendatory acts passed by the Philippine Commission
4. The various quasi acts, the Philippine Bill of 1902, the Jones Law of 1916, the
Tydings-McDuffie Law, and the Constitution of the Philippines
5. 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. Presidential Decrees
8. 1987 Constitution, particularly Art. III Bill of Rights
9. Civil Code (Art. 32, 33, 34)
10. Certain judicial decisions
11. RA 8393 The Speedy Trial Act
12. Circulars
13. The Revised Rules on Criminal Procedure (Dec 1, 2000)
4. 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 employed
to extract confessions. The judge is not limited to the evidence brought before him
but could proceed with his own inquiry which 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. The
battle in the form of a public trial is judged by a magistrate who renders a verdict.
The essence of the accusatorial system is the right to be presumed innocent. To
defeat this presumption, the prosecution must establish proof of guilt beyond
reasonable doubt (moral certainty).

3. Mixed – This is a combination of the inquisitorial and accusatorial systems. The

examination of defendants and other persons 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 before the court, which
hears them impartially and renders judgment only after trial.

5. Distinguish criminal law and criminal procedure.

Criminal law is substantive; it defines crimes, treats of their nature, and provides for
their punishment. Criminal procedure, on the other hand, is remedial or procedural;
it provides for the method by which a person accused of a crime is arrested, tried
and punished. Criminal law declares what acts are punishable, while criminal
procedure provides how the act is to be punished.

6. 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 in favor of the accused against whom the entire machinery of the state is
mobilized

7. 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.

8. 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. It means the place of trial. On the other hand, jurisdiction is the power of
the court to decide the case on the merits. Venue is thus procedural, 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.
9. What is Criminal Jurisdiction?
Criminal jurisdiction is the authority to hear and try a particular offense and impose
the punishment for it.

10. What are the elements of jurisdiction in criminal

cases?
1. The nature of the offense and/or the penalty attached thereto
2. The fact that the offense has been committed within the territorial jurisdiction
of the court

11. What are the requisites for a valid exercise of

criminal jurisdiction?
1. Jurisdiction over the person
2. Jurisdiction over the territory
3. Jurisdiction over the subject matter

12. Which law determines the jurisdiction of the court –

the law in force at the time of the commission of the
offense or the 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 to this 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.

13. 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 the litigation. It remains with the court until
the case is finally terminated. The exception to this is where a subsequent statute
changing the jurisdiction of a court is given retroactive effect, it can divest a court of
jurisdiction over cases already pending before it before the effectivity of the statute.

14. A was charged with an offense whose penalty was

below 6 years. The case was filed with the MTC. After
trial, the MTC 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 given the allegation in the information. It is
not determined by the penalty that may be meted out to the offender after trial but
to the extent of the penalty which the law imposes for the crime charged in the
complaint
 15. 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 the Court of Appeals may refer the case to
the court of proper jurisdiction.
16. Can jurisdiction over the person of the accused be
waived?
Yes, unlike jurisdiction over the offense which is conferred by law or the
Constitution, jurisdiction over the person of the accused may be waived. For
example, any objection to the procedure leading to the arrest must be opportunely
raised before the accused enters his plea, or it is deemed waived.

17. X was charged in court with an offense. X filed a

motion to quash on the ground that the court had no
jurisdiction over his person because the arrest was illegal
and because the information was incomplete. Can X
invoke lack of jurisdiction of the court over his person?
No, X cannot invoke the lack of jurisdiction of the court. One who desires to object to
the jurisdiction of the court over his person must appear in court for that purpose
only, and if he raises other questions, he waives the objection.

18. Is the presence of the accused necessary in order for

the court to act on a motion?
It is not necessary for the court to first acquire jurisdiction over the person of the
accused to dismiss a case or grant other relief. The outright dismissal of the case
even before the court acquires jurisdiction over the person of the accused is allowed,
except in applications for bail, in which case, the presence of the accused is
mandatory.

19. What are classes of jurisdiction?

1)  GENERAL JURISDICTION
          >  The power to adjudicate all controversies, except those expressly withheld from the
plenary powers of the court

2)  SPECIAL JURISDICTION

          >  Which restricts the court’s jurisdiction only to particular cases and subject to such
limitations as may be provided by the governing law

3)  ORIGINAL JURISDICTION

          >  The power of the court to take judicial cognizance of a case instituted for judicial action
for the first time under conditions provided by law;

4)  APPELLATE JURISDICTION

          >  The authority of the court higher in rank to re-examine the final order, judgment or a
lower court which tried the case now elevated for judicial review

5)  EXCLUSIVE JURISDICTION

          >   Power to adjudicate a case or proceeding to the exclusion of other courts at that stage

6)  CONCURRENT JURISDICTION

          >  Sometimes referred to as the coordinate jurisdiction which is the power conferred upon
different courts whether of the same or different ranks, to take cognizance at the state of the
same case in the same or different judicial territories

7)  DELEGATED JURISDICTION

          >  The grant of authority to inferior courts to hear and determine cadastral and registration
cases under certain conditions

8)  SPECIAL JURISDICTION

          >  The power of the inferior courts to hear and decide petitions for writ of habeas corpus or
applications for bail in the absence of all RTC judges in the province or city.  “Interlocutory
jurisdiction”

9)  TERRITORIAL JURISDICTION

          >  Refers to the geographical area within which its powers can be exercised:
              MTC – within the municipality or city where it is located as may be defined by the SC
              RTC – within the region or province where it is located
              SC & CA – within the Philippine territory (nationwide)

Courts in the Philippines may be of original, appellate, general or special jurisdiction.

In textbook discussions, original jurisdiction is often compared with appellate
jurisdiction and general jurisdiction, with special jurisdiction.

Court of original jurisdiction, one where a case is originally commenced. (MRCS)

[1] Municipal Trial Court.

[2] Regional Trial Court.
[3] Court of Appeals.
[4] Supreme Court.

Court of appellate jurisdiction, one  which has power or

review over the decisions or orders of a lower
court. (RSC)
[1] Regional Trial Court.
[2] Court of Appeals.
[3] Supreme Court.

General  jurisdiction, courts which take cognizance of

all kinds of cases, civil or criminal, except those
assigned to special courts and courts of limited
jurisdiction

[1] Regional Trial Court.

Special jurisdiction, courts which have the power to
hear only certain types of cases, or are clothed with
special powers for the performance of specified duties
beyond which they have no authority of any kind. (SCS)

[1] Sandiganbayan.
[2] Court of Tax Appeals.
[3] Shari’a Court.

21. Jurisdiction of the CA

The Court of Appeals is vested with the power to review all final judgments,
decisions, resolutions, orders or awards of Regional Trial Courts and quasi-judicial
agencies, instrumentalities, boards or commissions, except those falling within the
appellate jurisdiction of the Supreme Court; to try cases and conduct hearings,
receive evidence and perform any and all acts necessary to resolve factual issues
raised in cases falling within its original and appellate jurisdictions, including the
power to grant and conduct new trials or further proceedings. It issues writs of
mandamus prohibition, certiorari, habeas corpus, quo warrant and auxiliary writs or
processes, and writs of amparo and habeas data in the exercise of its concurrent
jurisdiction with the Supreme Court, Sandigabayan, and the Regional Trial Courts.

22. What is the jurisdiction of the Sandigabayan

The jurisdiction of the Sandiganbayan is perhaps one of the most often amended
provision from the 1973 Constitution to RA 8249 of 1997. Before RA 8249,
jurisdiction of the Sandiganbayan was determined on the basis of the penalty
imposable on the offense charged. Then, it was amended such that regardless of the
penalty, so long as the offense charged was committed by a public officer, the
Sandiganbayan was vested with jurisdiction. Under RA 8249, to determine whether
the Sandiganbayan has jurisdiction, lawyers must look into two (2) criteria, namely:
The nature of the offense and The salary grade of the public official.

1. The jurisdiction of the Sandiganbayan is set by P.D. 1606 as amended and not by
R.A. 3019 or the Anti-Graft and Corrupt Practices Act as amended (Serana v.
Sandiganbayan, G.R. No. 162059, January 22,2008).

2. The applicable law provides: u Section 4. Jurisdiction — The Sandiganbayan shall

exercise original jurisdiction in all cases involving: a. Violations of Republic Act No.
3019, as amended, otherwise known as the Anti-Graft and Corruption Practices Act,
and Republic Act No. 1379, and Chapter II, Section 2, Title VII, Book II of the Revised
Penal Code, 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: (italics supplied)
(1) Officials of the executive branch occupying the positions of regional director and
higher, otherwise classified as Grade "27" and higher of the Compensation and
Position Classification Act of 1989 (Republic Act No. 6758), specifically including:

(a) Provincial governors, vice-governors, members of the sangguniang panlalawigan,

and provincial treasurers, assessors, engineers, and other provincial department
heads;

(b) City mayors, vice-mayors, members of the sangguniang panlungsody city

treasurer, assessors, engineers, and other city department heads;

(c) Officials of the diplomatic service occupying the position of consul and higher;

(d) Philippine army and air force colonels, naval captains, and all officers of higher
rank;

(e) Officers of the Philippine National Police while occupying the position of
provincial director and those holding the rank of senior superintendent or higher;

(f) City and provincial prosecutors and their assistants, and officials and prosecutors
in the Office of the Ombudsman and special prosecutor;

(g) Presidents, directors or trustees, or managers of government-owned or

controlled corporations, state universities or educational institutions or
foundations(Note: See People v. Morales, G.R. No. 166355, May 30,2011).

(2) Members of Congress and officials thereof classified as Grade "27" and up under
the Compensation and Position Classification Act of 1989;

(3) Members of the judiciary without prejudice to the provisions of the Constitution;
26 CRIMINAL PROCEDURE: THE BAR LECTURES SERIES UPDATED EDITION

(4) Chairmen and members of Constitutional Commissions, without prejudice to the

provisions of the Constitution; and

(5) All other national and local officials classified as Grade "27" and higher under the
Compensation and Position Classification Act of 1989.

b. Other offenses or felonies whether simple or complexed with other crimes

committed by the public officials and employees mentioned in subsection "a" of this
section in relation to their office.

c. Civil and criminal cases filed pursuant to and in connection with Executive Order
Nos. 1, 2, 14 and 14-A, issued in 1986. Note: The Sandiganbayan also exercises civil
jurisdiction (Antiporda v. Garchitorena, 321 SCRA 551)
23. What is the nature of the Sandigabayan?
The National Assembly shall create a special court, to be known as Sandiganbayan,
which shall have jurisdiction over criminal and civil cases involving graft and corrupt
practices and such other offenses committed by public officers and employees,
including those in government-owned or controlled corporations, in relation to their
office as may be determined by law.

25.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, except those now falling under the
exclusive and concurrent jurisdiction of the Sandiganbayan (B.P. 129 [Sec. 20]);

2. Appellate jurisdiction over all cases decided by the MTC within its territorial
jurisdiction (B.P. 129 [Sec. 22]);
3. Special jurisdiction to handle exclusively criminal cases as designated by the
Supreme Court(B.P. 129 [Sec. 23]);

4. Jurisdiction over criminal cases under specific laws such as:

(a) Written defamation (Art. 360, Revised Penal Code);

(b) Jurisdiction of designated courts over cases in violation of the Comprehensive

Dangerous Drugs Act of 2002 {RA. No. 9165) as provided under Sec. 90 thereof; 24
CRIMINAL PROCEDURE: THE BAR LECTURES SERIES UPDATED EDITION

(c) Violations of intellectual property rights[A.M. No. 03-03-03-SC 2003-06-17,

Effective July 1, 2003 implementing the Intellectual Property Code of the Philippines
[R A. 8293]).

The public prosecutor has the authority to file a criminal information for violation of
Presidential Decree (P.D.) 957 and the Regional Trial Court has the power to hear
and adjudicate the action, the penalty being a P20,000.00 fine and imprisonment of
not exceeding 10 years or both such fine and imprisonment. This penalty brings the
offense within the jurisdiction of the Regional Trial Court (Victoria P. Cabral v. Jacinto
Uy, et al, G.R. No. 174584, January 22,2010).

5. Jurisdiction in Money Laundering Cases. — The Regional Trial Courts shall have
jurisdiction to try all cases on money laundering. Those committed by public officers
and private persons who are in conspiracy with such public officers shall be under
the jurisdiction of the Sandiganbayan (Sec. 5, RA. 9160, Anti-Money Laundering Act
of2001)
26. What is the jurisdiction of Municipal Trial Courts in
criminal cases?
Except in cases falling within the exclusive original jurisdiction of the Regional Trial
Court and of the Sandiganbayan, the MTC shall exercise the following criminal
jurisdiction:
1. Exclusive original jurisdiction over all violations of city or municipal ordinances
committed within their respective territorial jurisdiction (Batas Pambansa Big. 129,
Section 3211); Republic Act No. 7691);
2. Exclusive original jurisdiction over all offenses punishable with imprisonment not
exceeding six (6) years irrespective of the amount of fine, and regardless of other im-
posable or accessory penalties, including the civil liability arising from such offenses
irrespective of kind, nature, value or amount (B.P. 129, Sec. 32[2]; R.A. 7691);
This rule disregarding the amount of the fine and other accessory penalties in
determining jurisdiction applies where the offense is punishable by imprisonment or
fine or both but not when the offense is punishable by fine only.
Note that the jurisdiction of the MTC is qualified by the phrase "Except in cases
falling within the exclusive jurisdiction of the Regional Trial Court and of the
SandiganbayanThis indicates that the MTC does not at all times have jurisdiction 22
over offenses punishable with imprisonment not exceeding six (6) years if jurisdiction
is vested by law either in the RTC or Sandiganbayan.
27. X was charged in court with an offense. X filed a
motion to quash on the ground that the court had no
jurisdiction over his person because the arrest was illegal
and because the information was incomplete. Can X
invoke lack of jurisdiction of the court over his person?
No, X cannot invoke the lack of jurisdiction of the court. One who desires to object
to the jurisdiction of the court over his person must appear in court for that
purpose only, and if he raises other questions, he waives the objection.

28. Is the presence of the accused necessary in order for

the court to act on a motion?
It is not necessary for the court to first acquire jurisdiction over the person of the
accused to dismiss a case or grant other relief. The outright dismissal of the case
even before the court acquires jurisdiction over the person of the accused is allowed,
except in applications for bail, in which case, the presence of the accused is
mandatory.

29. What is the quantum of evidence in Criminal

Procedures?
It will be based on the collective evidence presented by the parties,
such as testimonies of witnesses, documentary, or object evidence. Once
authenticated, the judge will weigh the evidence and render a judgment. The
accused is entitled to an acquittal, unless his guilt is shown beyond reasonable doubt
30. How should Criminal Procedures be construed?
The rules of criminal procedure shall be liberally construed in favor of the accused
and strictly against the state to even the odds in favor of the accused against whom
the entire machinery of the state is mobilized.
31. Grounds for suspension of the rules?

Where there is no consolidation of the civil action with the criminal action and the
civil action is suspended or the civil action cannot be instituted separately until after
final judgment is rendered in the criminal action, the prescriptive period of the civil
action shall be tolled during the pendency of the criminal action