Crimpro Syllabus

Prepared by: Atty.
RD
For: MSU, College of Law
UCOURSE SYLLABUS FOR

CRIMINAL PROCEDURE
I. CRIMINAL PROCEDURE
A. GENERAL MATTERS
1. Distinguish jurisdiction over subject matter from
jurisdiction over person of the accused (Page 4 )
2. Requisites for exercise of criminal jurisdiction (page 3)
3. Jurisdiction of criminal courts
4. When injunction may be issued to restrain criminal
prosecution
B. PROSECUTION OF OFFENSES
1. Criminal actions, how instituted
2. Who may file them, crimes that cannot be prosecuted
de oficio
3. Criminal actions, when enjoined
4. Control of prosecution
5. Sufficiency of complaint or information
6. Designation of offense
7. Cause of the accusation
8. Duplicity of the offense; exception
9. Amendment or substitution of complaint or information
10.Venue of criminal actions
11.Intervention of offended party
C. PROSECUTION OF CIVIL ACTION

1. Rule on implied institution of civil action with criminal
action
2. When civil action may proceed independently
3. When separate civil action is suspended
4. Effect of the death of accused or convict on civil action
5. Prejudicial question
6. Rule on filing fees in civil action deemed instituted with
the criminal action
D. PRELIMINARY INVESTIGATION
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Prepared by: Atty. RD
1. Nature of right
2. Purposes of preliminary investigation
3. Who may conduct determination of existence of
probable cause
a. Distinguish: executive and judicial determination
of probablecause
4. Resolution of investigation prosecutor
5. Review
6. When warrant of arrest may issue
7. Cases not requiring a preliminary investigation
8. Remedies of accused if there was no preliminary
investigation
9. Inquest
E. ARREST
1. Arrest, how made
2. Arrest without warrant, when lawful
3. Method of arrest
a. By officer with warrant
b. By officer without warrant
c. By private person
4. Requisites of a valid warrant of arrest
5. Determination of probable cause for issuance of
warrant of arrest
F. BAIL
1. Nature
2. When a matter of right; exceptions
3. When a matter of discretion
4. Hearing of application for bail in capital offenses
5. Guidelines in fixing amount of bail
6. Bail when not required
7. Increase or reduction of bail
8. Forfeiture and cancellation of bail
9. Application not a bar to objections in illegal arrest, lack
of or irregular preliminary investigation
G. ARRAIGNMENT AND PLEA

1. How made
2. When should plea of not guilty be entered
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3. When may accused enter a plea of guilty to a lesser

offense
4. Accused plead guilty to capital offense, what the court
should do
5. Searching inquiry
6. Improvident plea
H. MOTION TO QUASH
1. Grounds
2. Distinguish from demurrer to evidence
3. Effects of sustaining the motion to quash
4. Exception to the rule that sustaining the motion is not
a bar to another prosecution
5. Double jeopardy
6. Provisional dismissal
I. PRE-TRIAL
1. Matters to be considered during pre-trial
2. What the court should do when prosecution and
offended party agree to the plea offered by the
accused
3. Pre-trial agreement
4. Non-appearance during pre-trial
5. Pre-trial order
J. TRIAL
1. Instances when presence of accused is required by law
2. Requisite before trial can be suspended on account of
absence of witness
3. Trial in absentia
4. Remedy when accused is not brought to trial within the
prescribed period
5. Requisites for discharge of accused to become a state
witness
6. Effects of discharge of accused as state witness
7. Demurrer to evidence
8. Guidelines on continuous trial
a. Applicability
b. Prohibited and meritorious motions
c. Arraignment and pre-trial
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d. Trial; memoranda
e. Promulgation
K. JUDGMENT
1. Requisites of a judgment
2. Contents of judgment
3. Promulgation of judgment; instances of promulgation
of judgment in absentia
4. Instances when judgment becomes final
L. NEW TRIAL OR RECONSIDERATION

1. Grounds for new trial
2. Grounds for reconsideration
3. Requisites before a new trial may be granted on
ground of newly discovered evidencel
4. Effects of granting a new trial or reconsideration
M. APPEAL
1. Effect of an appeal
2. Where to appeal
3. How appeal taken
4. Effect of appeal by any of several accused
5. Grounds for dismissal of appeal
N. SEARCH AND SEIZURE

1. Nature of search warrant
2. Distinguish from warrant of arrest
3. Application for search warrant, where filed
4. Probable cause for issuance of search warrant
5. Personal examination by judge of the applicant and
witnesses
6. Particularity of place to be searched and things to be
seized
7. Personal property to be seized
8. Exceptions to search warrant requirement
a. Search incidental to lawful arrest
b. Consented search
c. Search of moving vehicle
d. Check points; body checks in airport
e. Plain view situation
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f. Stop and frisk situation

g. Enforcement of custom laws
9. Remedies from unlawful search and seizure
10. Cybercrime warrants
a. Scope and applicability
b. General provisions
c. Preservation of computer data
d. Disclosure of computer data
e. Interception of computer data
f. Search, seizure, and examination of computer data
g. Custody of computer data
h. Destruction of computer data
O. PROVISIONAL REMEDIES IN CRIMINAL CASES
- NOTHING FOLLOWS -
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Prepared by: Atty.

UCOURSE SYLLABUS FOR

C. PROSECUTION OF CIVIL ACTION

G. ARRAIGNMENT AND PLEA

3. When may accused enter a plea of guilty to a lesser

L. NEW TRIAL OR RECONSIDERATION

N. SEARCH AND SEIZURE

f. Stop and frisk situation

O. PROVISIONAL REMEDIES IN CRIMINAL CASES

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