criminal procedure outline

CRIMINAL PROCEDURELambda Epsilon Xi – DVOREF College of Law

CRIMINAL PROCEDURE

CRIMINAL PROCEDURE is a method fixed by law for the apprehension and prosecution of a person who is supposed to have committed a crime and for his punishment if convicted.

CRIMINAL LAW - branch of the law which declares what acts are crimes, and prescribes the punishment for committing them.

THREE SYSTEMS OF CRIMINAL PROCEDURE:a. ACCUSATORIAL SYSTEM - the main feature of the system was the right of every citizen to formulate charges, the right of the supposed offender to be confronted by his accuser and the right to public trial.b. INQUISITORIAL SYSTEM - method wherein the detection and prosecution of the offender is left to the initiative of the officials and agents of the law.c. MIXED SYSTEM - combination of the first two systems. The prevailing system in our jurisdiction.

MAJOR STEP IN PROCESSING OF A CRIMINAL CASE:1. Report of the Crime2. Pre-arrest investigation3. Arrest 4. Booking 5. Post Arrest investigation6. Preliminary investigation 7. Arraignment and Plea8. Pre Trial9. Trial10. Judgment11. Appeal


THE PARTIES MAY GO DIRECTLY TO COURT IN THE FOLLOWING INSTANCES;a. Where the accused is under detention;b. Where a person has otherwise been deprived of personal

liberty calling for habeas corpus proceeding;c. Where the actions are coupled with provisional remedies

such as preliminary, injunction, attachment, delivery of personal property, and support pendente lite; and

d. Where the action may otherwise be barred by the Statute of Limitations.

OFFICERS AUTHORIZED TO CONDUCT PRELIMINARY INVESTIGATION

a. Provincial and City prosecutors and their assistants;b. Judges of the MTC and MCTCc. National and Regional State Prosecutorsd. Such other officers as may be authorized by law, such as

the legal officers of the COMELES, PCGG and the Tanodbayan

PERSONS WHO CAN FILE A COMPLAINTa. Offended partyb. Any peace officerc. Other public officer charged with enforcement of the law

violated d. Chief of Police in the Municipality e. Customs authorityf. Forestry officials g. Internal Revenue Officersh. Officials of Bureau of Posts

PRELIMINARY MATTERS TO KNOW IN FILING COMPLAINTa. Venue the place where the action is to be tried


provides remedy for the enforcement for rights and obligations it establishes a relation between plaintiff and defendant subject to stipulation by the parties and waivableb. Jurisdiction The authority of the Court to hear and decide a case. It creates substantive rights Established a relation between court and the Subject matter of litigation Not subject of stipulation, conferred and fixed by Law not waivablec. Parties involved (complainant/plaintiff – respondent/defendant)e. Cause of Action it may charge only one offense, however, It may charge various offenses when the existing

Laws prescribe a single punishment for them. This exception refers to a complex crime(Rule 110,Sec. 12) CAUSE OF ACTION means a delict or wrong committed by defendant in violation of laws or plaintiff’s rights and which causes the latter damages.ELEMENTS OF CAUSE OF ACTIONa. legal rights of plaintiffb. act or omission in violation of lawc. correlative obligation of defendant

REMEDIES OF THE OFFENDED PARTY OR COMPLAINANT SHOULD THE PROSECUTING OFFICER REFUSE OR FAIL TO FILE AN INFORMATION OR TO PROSECUTE THE CRIMINAL ACTION.a. Take the matter with the Secretary of Justiceb. Civil action under Article 35 of the New Civil Codec. File criminal and administrative charges with the proper

authorities


d. Civil action for damages under Article 27 , NCC

OFFENSES PROSECUTED ONLY BY THE OFFENDED PARTYa. adultery and concubinageb. seduction, abduction, and acts of lasciviousnessc. defamation which consists in the imputation of an offense

mentioned above.

REQUIREMENTS OF A COMPLAINT OR INFORMATIONa. name of the accusedb. when an offense is committed by more than one person, all

of them shall be included in the complaint or informationc. the designation of the offense by the statuted. the acts or omissions complained of as constituting the

offensee. the name of the offended partyf. the approximate time of the commission of the offense g. the place wherein the offense was committed

The INFORMATION OR COMPLAINT must state or DESIGNATE the following;a. the designation given to the offense by the statute b. the statement of the acts or omissions constituting the same.

If there is such designation, reference should be made to the section or subsection of statute punishing it.

COMPLAINT OR INFORMATION AGAINST A CORPORATION MAY STATE THE FOLLOWING:a. the name of the corporation or juridical personb. any name or designation by which it is identified, without

averring that it is organized accordance with law


WHAT MATTERS MUST BE ALLEGED IN THE COMPLAINT/INFORMATIONa. Elements of the offense b. Criminal intentc. Particular Intentd. Particular Knowledgee. Qualifying and Inherent element of the offensef. Description of Personal Propertyg. Value of the Propertyh. Ownership of the Property

INSTANCES WHEREIN YOU CAN DETERMINE THE JURISDICTION OF THE COURTA. The allegations of the complaint/informationB. The law at the time of the filing of the

complaint/information C. The penalty provided by law , regardless of other impossible

accessory or other penalties and civil liability arising from the offense

D. The totality of the demand in joinder of claims or cause of action by one party or several parties.

INSTANCES WHEN CIVIL LIABILITY ARISING FROM CRIME NOT CONCURRENTLY DETERMINED IN THE CRIMINAL ACTIONa. when the offended party waives the civil actionb. when the offended party reserves his right to institute a

separate civil actionc. when the offended party institutes a civil action prior to the

criminal action

CRIMINAL ACTION TAKES precedence over the civil and the civil case is suspended in whatever stage it may be found to await the result of the criminal case. Exceptions:


a. The institution of an independent civil action against the offender under Articles 32, 33, 34, and 2176 New Civil Code. In which case, such civil action shall proceed independently of the criminal action and shall only require a preponderance of evidence

b. In cases where the civil actions presents a pre judicial question

c. In cases where the civil action is consolidated with the criminal action

d. Where the civil action is not one intended to enforce the civil liability arising from the offense

PRE JUDICIAL QUESTION that which arises in a case the resolution of which is a logical antecedent of the issue involved therein, and the cognizance of which pertains to another tribunal.

ELEMENTS OF PREJUDICIAL QUESTION a. The civil action involves an issue similar or intimately

related to the issue raised in the criminal action.b. The resolution of such issue determines whether or not the

criminal action may proceed.

PRELIMINARY INVESTIGATION it is inquiry or proceeding to determine whether there exists sufficient ground to engender a well-founded belief that a crime cognizable by the RTC has been committed and that the respondent is probably guilty thereof, and should be held for trial.

PROCEDURE IN THE CONDUCT OF PRELIMINARY INVESTIGATIONFIRST the complaint shall state the known address of the respondent and accompanied by a) affidavits of the complainant and his witnesses, and b) other supporting


documents in such number of copies as there are respondents plus two copies for official file.SECOND, the affidavits shall be sworn to before any 1) Any fiscal, state prosecutor or government official authorized to administer oath or in there absence or availability; 2) A notary public , who must certify that has personally examined the affiantsAnd that he is satisfied that they voluntarily executed and understood their affidavits.THIRD, within 10 days after filing of the complaint, if the investigating officer shall dismiss if he finds no ground to continue with inquiry.FOURTH, within 10 days after filing the complaint, if the investigating officer finds that there is sufficient ground to continue with the inquiry, he shall issue a subpoena to the respondent attaching thereto a copy of complaint, affidavits and other supporting documents and granting him 10 days from receipt within which to submit counter-affidavits and other supporting documents. The respondent shall have the right to examine all other evidence submitted by the complainant. If the evidence is voluminous, the complainant may require to specify those which he intends to present against the respondent, and these shall be made available for examination or occupying by the respondent at his expense.FIFTH, with in 10 days after receipt of subpoena with the complainant with supporting documents, the respondent shall submit his counter affidavits and that of his witnesses and other supporting document/evidence for his defense. The counter affidavit shall be subscribed and sworn to before any; a) fiscal, state prosecutor or government official authorized to administer oath, or in their absence or unavailability, b) a notary public who must certify that he has personally examined and understood their affidavits. Copies of the


counter affidavits shall be furnished by him to the complainant.SIXTH, If the respondent cannot subpoenaed, respondent does not submit counter affidavit within the 10 days period, the investigating officer shall resolved the complaint based on the evidence presented by the complainant.SEVENTH the investigating officer may set of there facts and issues to propound clarificatory questions to the parties or their witnesses. During the hearing, the parties shall be given the opportunity to be present but without a right to examine or cross-examine. If the parties so desire, they may submit questions to the investigating officer who shall propound them to their parties or witnesses.EIGHT, upon the conclusion of the preliminary investigation, the investigating officer shall resolve the case within 10 days therefrom. On the basis of the evidence, the investigating officer shall determine whether or not there is sufficient ground to hold the respondent for trial.

INDEPENDENT CIVIL ACTION (NCC)Article 32 Violations of rights and liberties.Article 33 Damages in case of defamation, fraud and

physical injuries.Article 34 Police force refuses or fails to render aid or

protection.Article 2176 Quasi-delict whoever by act or omission causes

damage to another, there being fault or negligence, is obliged to pay for damage done. No pre-existing contractual relation.

DISTINCTION BETWEEN PRELIMINARY EXAMINATION AND PRELIMINARY INVESTIGATION The purpose of preliminary examination is to determine the existence of probable for issuance of warrant of arrest. While


Preliminary investigation determine the existing of prima facie case to warrant the respondent for trial.Preliminary Examination may conducted by the judge, while, Preliminary investigation may conducted by any of following officer; 1.Municipal judge , under the jurisdiction of judge;2. Provincial/city Prosecutor or Assistant ; 3. State Prosecutor and special counsel who have been deputized by provincial judge; 3. The Ombudsman and his deputy; 4. PCGG(Ill gotten wealth/prosecution); 5. COMELEC; and 6. Lawyer of BIR in case of tax fraud.Preliminary examination is a judicial function while Preliminary Investigation is an executive function.

PROBABLE CAUSE PRIMA FACIE EVIDENCE@It is provided and fixed by @ It is to be determined by an law. Officer authorized by law@Involves the exercise of @Once the quantum requireddiscretion on the part of by law has been established the public officer in deter- the same suffices for the mining the existence of proof of a particular fact probable cause until contradicted and over- come by other evidence.

ARREST the taking of person into custody in order that he may be bound to answer for the commission of an offense.

WARRANTLESS ARREST1. When, in his presence the person to be arrested has

committed, is actually committing or is attempting to commit an offense;

2. When an offense has in fact just been committed and he has personal knowledge of facts indicating that the person to be arrested has committed it; and

3. When the person to be arrested is a prisoner who has escaped from the penal establishment or a place where he


is serving final judgment or temporary confined while the case is pending or has escaped while being transferred from one confinement to another.

METHOD OF ARREST BY OFFICER BY VIRTUE OF WARRANT1. Inform the person to be arrested;2. The cause of his arrest; and3. The fact that warrant has been issued.EXCEPTION:1. If he flees or forcibly resists2. No opportunity to inform him 3. Giving information would imperil his arrest. NOTE: In default/absence of warrant at the time of arrest but after arrest it requires to shown to him as soon as practicable, the probability of his arrest.

Warrantless Arrest

Suspect was brought to police station

The accused may demand PI provided he waives the Art. 125 RPC – the public Prosecutor must complete In 10 days

Public prosecutor Inquest is conductedImmediately prepare by the public prosecutorAnd file information

Information filed in court

W/in 5 days from the knowledge of the filing of informationThe accused may demand preliminary investigation


HOW / BY: 1. Motion for reconsideration 2. Motion for preliminary investigation filed in courtNOTE: Once the court approves the motion, the proceeding is deferred pending completion of PI in the public prosecutor

REMEDIES OF A PERSON WHO HAS BEEN ARRESTED ON THE BASIS OF INVALID WARRANT1. File a petition for the issuance of a writ of habeas2. Post bail, however, if bail is posted, any irregularity in the

issuances of the order of arrest is waived.

BAIL is the security given for the release of a person in custody of the law furnished him of a bondsman, conditioned upon his appearance before any court as required under the conditions specified by rules. It may be in the form of corporate surety, property, cash deposit or recognizance.

KINDS OR FORMS OF BONDSa. Corporate surety bond is one issued by professional bondsman, that is, one who is habitually engaged in the business of furnishing bonds in civil actions or for persons arrested or detained for prosecution.b. Property bond is an undertaking as a lien on the real property given as security for the amount of bailc. Cash bail bond is a sum of money, in the amount designated in an order fixing bail, posted by a dependant or by another person in his behalf with a court or other public oficer upon the condition that such money shall be forfeited if the dependant does not comply with the directive of a court requiring his attendance at the criminal action or proceeding involved and does not otherwise render himself amenable to the orders and processes of the court.d. Recognizance a contract between the sureties and the state for the production of the principal at the required time. It


is an obligation of record, entered into before the courts or magistrates duly authorized to take it, with the condition to do some particular act, the most usual condition in criminal cases being the appearance of the accused.

Information is filed

Arraignment

Motion to allow accused to post bail *to compel the prosecution to present evidence. Note: Evidence to be presented is Such degree of evidence sufficient To prove the probability of guilt *Only the prosecution presents evidence. NOTE: The evidence presented is Automatically adopted in the trial On the merits of the case.

Bail Hearing

The Court grant bail

Pre Trial

RIGHTS OF AN ACCUSEDIn all criminal prosecutions, the accused shall be entitled to: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 himself in person and by counsel at every stage of the proceedings from arraignment to the promulgation of judgment;

d. To TESTIFY in his behalf but subject to cross examination on matters covered by the direct examination.

e. To be EXEMPT from being compelled to be a witness against himself;

f. To CONFRONT and CROSS EXAMINE the witness against him at the trial.

g. To have COMPULSORY PROCESS issued to secure the attendance of witnesses and production of evidence in his behalf;

h. To have SPEEDY, IMPARTIAL and PUBLIC TRIAL; and

i. To have the RIGHT OF APPEAL in all cause and in the manner prescribed by law.

MOTION FOR BILL OF PARTICULARS – At the time or before the arraignment, the accused may move for a bill of particulars to enable the accused to properly plead and prepare for trial. Note: This is similar to a motion for a bill of particular except this motion can be made orally. The motion must identify the portions of the information which are vague.At the time of arraignment, the accused may file a written motion to compel the prosecution to produce and permit the inspection on copying of any written statements by the complainant and/or his witnesses as well as all pertinent documents and papers in the possession of the prosecution.

ARRAIGNMENT is a stage in a criminal proceeding where the accused is informed of the charged or accusation against him, and is given the opportunity to plead or obtain from him his answer or plea to accusation contained in the information.


PURPOSE: a. to fix the identity of the accusedb. to inform him why he was indictedc. to inform him of the charge and the penalty he has to face if

convictedd. to obtain from him, and enter, his answer or plea to the

accusation charged in the information

GROUNDS FOR SUSPENDING ARRAIGNMENT1. INSANITY2. Existence of valid PRE JUDICIAL QUESTION3. Petition for REVIEW/RELIEF WITH Dept of Justice

REQUISITES OF VALID PLEA:1. The accused voluntarily entered his plea, without compulsion or suggestion from the judge;2. With full knowledge of the consequences of his act;3. Which may either be one of guilty or not guilty;4. Made in open court; and 5. Entered into the record of the case, but failure to enter either plea, does not affect the validity of the proceedings thereafter taken.

MANDATORY IN “ PLEA OF GUILTY”- The trial Court must ask searching questions upon accused

to determine the voluntariness of plea of guilty and full comprehension of consequence.

- Prosecution must be require to adduce evidence to determine the precise crime of culpability of the accused

- Court should ask the accused if he also want to present evidence should be desire so.

MOTION TO QUASH - a special pleading that can be filed by the defendant before entering his plea, which hypothetically


admits the truth of the facts spelled out in the complaint or information at the same time set up a matter which, if duly proved, would preclude further proceedings. It is formerly called demurrer.

GROUNDS:A. The facts charged DO NOT CONSTITUTE an offense;B. The Court has NO JURISDICTION over the OFFENSE

charged or the PERSON of the ACCUSED;C. The officer who filed INFORMATION had no authority to

do so;D. The complaint or information does not conform

substantially with the PRESCRIBED FORM;E. More than ONE OFFENSE charged;F. The criminal action or liability has been EXTINGUISHED;G. The complaint or information contains averments which, if

true, would constitute LEGAL JUSTIFICATION;H. The accused has been previously convicted or being in

jeopardy of being convicted, or acquitted of the offense charged.(DOUBLE JEOPARDY) Requisites:

a. There must have been a valid complaint or information;b. Filed before competent court;c. To which has plead: andd. Accused was previously acquitted or convicted or the case

was dismissed as otherwise terminated without his express consent

PRE TRIAL an informal trial which precedes the regular trial of a case primarily intended to expedite the proceeding whenever the accused and his counsel agree whereby the Court shall then conduct a pre trial conference, without impairing the rights of the accused, on the following matters;1. plea bargaining2. stipulation of facts;3. marking for identification of evidence of the parties;


4. waiver of objections to admissibility of evidence; and5. such other matters as will promote a fair and expeditious

trial.

TRIAL formal investigation of the matter in issue with respect to an action before a competent court for the purpose of determining such issue that involves the guilt or innocence of the accused.

ORDER OF TRIAL: a. Prosecution shall present evidence to prove the charge and,

in the proper case the civil liability;b. Accused may present evidence to prove its defense and

damages, if any, arising from the issuance of any provision al remedy in the case;

c. Parties may then respectively present rebutting evidence only unless the court, in furtherance of justice, permits them to present additional evidence bearing upon the main issue;

d. Upon admission of the evidence, case shall be deemed submitted for decision unless the court directs the parties to argue orally or to submit memoranda;

e. However, when the accused himself admits the act or omission charged in the complaint or information but interposes a lawful defense, the order of trial may be modified accordingly.

JUDGEMENT adjudication by the court that the accused is guilty or is not guilty of the offense charged, and the imposition of the proper penalty and civil liability provided by law on the accused.

JUDGMENT OF CONVICTION MUST CONTAIN:1. legal qualification of the offense constituted by the acts

committed by the accused;


2. aggravating circumstances attending the commission thereof, if any;

3. participation of the accused in the commission of the offense, whether as principal, accomplish or accessory after the fact;

4. penalty imposed upon the accused;5. civil liability or damages caused by the wrongful act to be

recovered from the accused by the offended party, if any, unless the enforcement of the civil liability by a separate action has been reserved or waived.

GROUNDS FOR GRANTING OF MOTION FOR NEW TRIAL1. ERRORS of LAW or IRREGULARITIES have been

committed during the trial prejudicial to the substantial rights of the accused;

2. NEW and MATERIAL EVIDENCE has been discovered which the accused could not with reasonable diligence have discovered and produced at the trial, and which if introduced and admitted, would probably change the judgment;

3. RETRACTION of a witness or recantation;4. Failure on the part of the defendant to fully understand the

IMPLICATION of his plea of guilty; and5. NEGLIGENCE or incompetence of counsel as to deprive

the party of his right to due process of law.

DISTINCTIONS NEW TRIAL/RE-OPENING OF THE CASENew Trial - made at any time before judgment of conviction becomes final.Reopening of the Case - made after the evidence of both parties are closed and the case has been submitted for resolution.


New Trial - to allow the introduction of newly discovered evidence to enable the court to reconsider errors or irregularities it may have committed.Reopening of the Case - to hear or receive further proofs from either party to enlighten the court so that proper judgment may be rendered.New Trial - granted only upon petition of the movant.Reopening of the case - granted upon petitioner with consent of parties are without consent of parties in the discretion of the court.

SEARCH WARRANT order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search from personal property described therein and bring it before the court. Valid for 10days from its date.

ELEMENTS OF SEARCH WARRANT a. order in writing b. signed by the judge in the name of the People of the

Philippinesc. commanding a peace officer to search personal property d. bring the property before the court

KINDS OF PROPERTY THAT CAN BE SEIZED UNDER A SEARCH WARRANT: 1. subject of the offense;2. stolen or embezzled and other proceeds or fruits of the

offense; and3. used or intended to be used as the means of committing an

offense.

GENERAL WARRANTS A process which authorizes the search and seizure of things in a general manner, without specifying or describing them particularly like the equipment ,


paraphernalia, communications, records, publications, documents. Instruments, items supplies, and other evidence in connection with the violation of an offense. SEARCH VS SEIZURE The term SEARCH as applied to searches and seizure is an examination of a man’s house or other buildings or premises or of his contraband or illicit or stolen property or some evidence of guilt to be used in the prosecution of criminal action for some offense with which he is charged.A SEIZURE is the physical taking of a thing into custody.

CASES WHERE WARRANTLESS SEARCH AND SEIZUREa. search of moving vehicleb. consented search without warrantc. seizure of evidence in plain view d. enforcement of customs law, except in dwelling housee. search based on probable cause under extraordinary

circumstances

REQUISITES OF VALID SEARCH WARRANT:1. PROBABLE CAUSE such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed and that the objects sought in connection with the offense are in the place sought to be searched.(Burgos v. Chief of Staff, 133 SCRA 800). 3. which must be determined personally by the judge himself

and not by the applicant or any other person.4. The judge must, before issuing the warrant, personally

examine in the form of searching questions and answers. In writing and under oath, the complaint and any witness he may produce on facts personally known to them.

5. The probable cause must be in connection with one specific offense


6. The warrant issued must particularly described the place to be searched and the persons or things to be seized

7. the sworn together with the affidavits submitted by witnesses must be attached to the records.

DUTY OF OFFICER after seizing the property under search warrantA detailed receipt for the property seized must be given by the officer to the lawful occupant of the premises in whose presence the search and seizure were made. In the absence of such occupant the receipt must be left in the place where the seized property was found in the presence of at least two witnesses of sufficient age and discretion residing in the same locality.

Article 35 When a person, claiming to be injured by a criminal offense, charges another with the same, for which no INDEPENDENT CIVIL ACTION is granted in this code or any special law, but the justice of the peace finds no reasonable grounds to believe that a crime has been committed, or the prosecuting attorney refuses or fails to institute criminal proceedings, the complainant may bring a civil action for damages against the alleged offender. Such civil action may be supported by a preponderance of evidence upon the defendant’s motion, the court may require the plaintiff to file a bond to indemnify the defendant in case the complaint should be found to be malicious. If during the pendency of the civil action, an information should be presented by the prosecuting attorney, the civil action shall be suspended until the termination of the criminal proceedings.

Article 27 Any person suffering material or moral loss because of a public servant or employee refuses or neglects, without just cause, to perform his official duty may file an action for


damages and other relief against the latter, without prejudice to any disciplinary administrative action that may be taken.

Article 2176 - Whoever by act or omission causes damge to another, there being fault or negligence, is obliged to pay for damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called QUASI-DELICT and is governed by the provisions of this chapter.

Article 2177 - Responsibility for fault or negligence under the preceding article is entirely separate and distinct from civil liability arising from negligence under the Penal Code, but the plaintiff cannot recover damages twice for the same act or omission of the defendant.

NOTE: Pursuant to the rule it sets down, an acquittal in a criminal case is not necessarily RES JUDICATA in a civil action based, not on a crime, but on QUASI-DELICT . There is no identity of cause of action in recovering civil indemnity as a mere ACCESSORY or SUBSIDIARY to criminal liability, and enforcing a primary responsibility derived directly from quasi-delict. The acquittal in the criminal case may mean merely that the negligence is not sufficiently clear and serious to make a person liable to punishment, and yet it may constitute an illicit act or quasi-delict which may make him civilly liable. Hence, even after the acquittal of an accused in a criminal case for damage to property through reckless imprudence, a motion to dismiss an action to recover civil liability not arising from criminal negligence under the Penal Code, but from CULPA AQUILIANA or QUASI-DELICT under Article 2176 cannot be entertained. Even the simultaneous filing of two cases, one civil and the other criminal, is within the sanction of the law.(Fortich Zerda vs. Marasigan, et. al., CA 54 Off. Gaz. 107)


MATTERS MUST BE ALLEGED IN THE COMPLAINT OR INFORMATION* ELEMENTS OF THE OFFENSE must be allege all the ingredients of which the offense is committed. CRIMINAL INTENT the criminal intent of the accused

must be alleged where the criminality of an act depends upon the intent which it was done.

PARTICULAR INTENT when a particular intention is essential to constitute an offense, the intent must be distinctly and precise allege. Ex. CRIME OF ROBBERY mere taking of property by means of force and intimidation is not robbery, it is essential element of the crime of robbery and must be specifically alleged in the information is the ANIMUS LUCRANDI intent to gain.

PARTICULAR KNOWLEDGE whenever a particular knowledge is essential to the constitution of an offense, it must be distinctly and precisely alleged. EX . Adultery must be stated she is married or single.

QUALIFYING AND INHERENT ELEMENT OF THE OFFENSE must be pleaded and proved being an integral part of the crime.

DESCRIPTION OF PERSONAL PROPERTY information not specifically describe and locate the building which alleged to have been illegally constructed, it is fatally defective because it is impossible on its face to identify the house allegedly constructed without necessary permit.

VALUE OF PROPERTY which is the subject of the offenses should be stated when the value is a material element of the offense.

OWNERSHIP OF THE PROPERTY where necessary to apprise the accused of the nature and cause of accusation against him.

JURISDICTION OF TRIAL COURTS


MUNICIPAL or METROPOLITAN TRIAL COURTSExclusive Original Jurisdictiona. All violations of City or Municipal Ordinances committed

within their respective territorial jurisdictions;b. All offenses punishable with imprisonment not exceeding

six(6) years, regardless of the amount of fine, or involving damage to property through criminal negligence (e.g. minor offense including violation of Bouncing Check Law);

c. All offenses committed by public officers and employees in relation to their office, including those employed in government-owned or controlled corporations and by private individuals charged as co-principals, accomplices, or accessories, punishable with not more than six(6) years, where none of the accused occupy positions classified as salary grade “27” or higher, and the penalty does not exceed six(6) years;

d. Offenses subject to summary procedure;1. Traffic violations 2. Violations of Rental Laws3. Violations of City or Municipal Ordinances4. All other violation where penalty does not exceed six(6)

months imprisonment/or P1,000.00 fine.

REGIONAL TRIAL COURT Exercise EXCLUSIVE ORIGINAL JURISDICTION in all criminal cases that are not within the exclusive jurisdiction of any court, tribunal or body (e.g., offenses punishable with imprisonment exceeding six(6) years regardless of the amount of fine);


RTC’s also have exclusive appeallate jurisdiction in all cases decided by the lower courts in their respective territorial jurisdictions. ( means that cases decided at the MTC’s may be appeallable to the appropriate RTS’s)

SANDIGANBAYAN has exclusive ORIGINAL JURISDICTION in all offenses committed by public officers and employees in relation to their office including government owned or controlled corporations, and by private individuals charged as co-principals, accomplishes, or accessories, where one or more of the accused occupy positions classified as grade “27” or higher; Them Sandiganbayan also has exclusive appeallate jurisdiction over final judgments, resolution, or orders of Regional Trial Courts exercising original or appeallate jurisdiction in cases involving public officers and employees in government-owned or controlled corporation, where all of the accused occupy positions lower than salary grade “27”.

CONDITIONS FOR SUMMARY PROCEDURE1. Court studies complaint or information and the affidavits

submitted by the complainant and accused;2. If court finds no ground to try the accused, it order the

dismissal of the case. Otherwise, courts sets the case for trial;

3. At the trial, the affidavit constitute the direct testimonies of the witnesses who executed the same, subject to cross-examination;

4. Judgment is rendered not later than 30 days after termination of trial.

RULE ON VENUE OF CRIMINAL PROSECUTIONa. instituted and tried in the court of municipality or territory

where offense was committed or anyone of the essential ingredients thereof took place;


b. if offense was committed on a railroad train, aircraft or any vehicle in the course of its trip, instituted and tried in court of municipality or territory where such train, aircraft or vehicle passed during trip, including the place of departure or arrival;

c. if offense was committed on board a vessel in the course of its voyage instituted and tried in court of first port of entry or any municipality or territory through which the vessel passed during such voyage subject to the generally accepted principle of international law; or

d. if crime was committed outside of the Philippines but punishable therein under Article 2 of RPC cognizable by proper court in which the charge is first filed.

MIRANDA RULING

Miranda vs. Arizona, 384 U>S> 436(1966), the United States Supreme Court

CONSTITUTIONAL REQUIREMENTS THAT MUST BE OBSERVED UNDER CUSTODIAL INVESTIGATIONS:1. The person in custody must be informed at the outset in

clear and unequivocal terms that he has the right to remain silent.

2. After being informed, he must be told that anything he says can and will be used against him in Court.

3. He must be clearly informed that he has the right to consult with a lawyer and to have the lawyer with him during the interrogation. He does not have to ask for a lawyer. The investigators should tell him he has the right to counsel at this point.

4. He should be warned that only he has the right to consult with a lawyer but also that if he is indigent, a lawyer will be appointed to represent him.


5. Even if the person consents to answer questions without the assistant of a counsel, the moment he ask for a lawyer at any point in the investigation, the interrogation must ceased until an attorney is present.

6. If the foregoing protection and warning are not demonstrated during the trial to have been observed by the prosecution, no evidence obtained as a result of the interrogation can be used against him.

RIGHTS AVAILABLE TO A PERSON UNDER INVESTIGATION?1. The right to remain silent;2. The right to competent and independent counsel preferably

to his own choice;3. Right to be informed of such rights.

NOTA BENE: In the face of the statements implicating him in the crime, accused while in police custody, remained in silent, such silence cannot be used against him as evidence of guilt. Because it is well settled ruled that silence of an accused in criminal cases, meaning his refusal to testify, may not be used against him. (People vs Alegre and Cerdoncillo,94, SCRA 109, 118 L-30423, Nov. 07, 1979)

PEOPLE VS DUERO, 104 SCRA 379, 385-6,L-52016, MAY 13 1981. “ In as much as the prosecution in this case failed to prove that before Duero made his alleged oral confession, he was informed of his right to remain silent and to have a counsel and because there is no proof that he knowingly and intelligently waive those rights, his confession is inadmissible in evidence. “

PEOPLE VS GALIT, 135 SCRA 465, March 20, 1985


“Matapos mong mabasa itong mga karapatan mo na ikaw ba ay kusang loob na magbibigay ng isang salaysay at sasagot ng buong katotohanan lamang sa lahat ng itatatnong sa iyo sa imbestigasyon na ito? Accused answered: “ Opo magsasabi lamang po ako ng pawang katotohanan lamang.” Those where the question was very involved but asked monosyllabic answer, there was no clear reply that he was waiving his right to counsel.

PEOPLE VS INGUITO, GR 53497, Oct 18 1982. Relying on Section 20, the Court invalidated the extrajudicial confession when the State failed to dispute the claim of the accused that he had been compelled to sign his confession and that he was not given counsel nor apprised of his rights. The Court , moreover has said that the duty to informed the detainee is not just ceremonial. The police officer must explain the consequences of the waivers of the rights, and the sufficiency of the explanation can depend on the intelligence or education of the person detained. (People vs Nicandro, 142 SCRA 289, Feb 11, 1986)

BOLANOS VS JUDGE DE LA CRUZ GR 58805, August 21, 1982. In a petition for bail the accused contended that their extra judicial confession should not have been admitted “because of a lack of substantial compliance with the constitutional requirements of warning and waiver and because the same are fruits of their arbitrary detention by the police”…… ABAD SANTOS, writing for the Court, said that this is a matter that is best considered when it is (accused) turn to present evidence. At the stage, the extra-judicial confession must be presumed voluntary and regular until the contrary is proved and this Court is not the proper forum to prove the contrary. The proper forum is the Trial Court.”

PEOPLE VS GALIT, 135 SCRA 465, March 20, 1985


“Matapos mong mabasa itong mga karapatan mo na ikaw ba ay kusang loob na magbibigay ng isang salaysay at sasagot ng buong katotohanan lamang sa lahat ng itatatnong sa iyo sa imbestigasyon na ito? Accused answered: “ Opo magsasabi lamang po ako ng pawang katotohanan lamang.” Those where the question was very involved but asked monosyllabic answer, there was no clear reply that he was waiving his right to counsel.

EXERCISES

I TRUE OR FALSE: Write “T” if the statement is correct and write “F” if the statement is wrong. Write your answer on the blank provided. NO ERASURE! Otherwise it will consider as wrong.

1. ________ Immediately after arrest, the arresting officer usually conducted a search on the said persons and remove any weapons, contraband or evidence relating to the crime and informing him the nature and cause of his arrest, then suspect person should be incarcerated.

2. _________The criminal intent of the accused must be alleged where the criminality of an act depends upon the intent with which it was done.

3. __________The criminal justice process usually begins when the police authorities file a complaint with the court.

4. __________A sworn statement made by the complaint is a sufficient evidence in filing a complaint with the fiscal office.

5. _________When a particular intent is essential to constitute an offense, he intent must be distinctly precisely alleged in the complaint.

6. _________Particular knowledge is one of the essential requisite that must be alleged in the complaint in


constituting an offense which must be also be distinctly and precisely alleged.

7. _________Pre arrest investigative procedures are designed to answer whether the crime was actually committed and/or if there is a sufficient ground to exist in justifying his arrest.

8. _________post arrest investigation is conducted when the suspect was arrested and verify the latter if there is a reasonable ground to continued his incarceration or to post bail bond.

9. _________Once a complaint filed by a citizen initial observation shall be conducted by the law enforcer thereafter a post arrest investigation be implemented.

10. _________Preliminary matters that must be alleged in the complaint are the nature and cause of offenses committed, the particular intent and the particular knowledge.

11. _________In filing a complaint what must be alleged in a criminal intent is the element of the crime committed

12. _________If arrest was made by a private individual and the person arrested is delivered to the proper authorities illegal detention may be committed.

13. _________After the arrest a preliminary investigation shall be conducted to be given an access to the testimony and evidence against him and to inform him of his right.

14. _________the fiscal may determines whether there is reasonable ground to believe that a crime has been committed on the basis of the sworn statement and affidavit of complaint if the accused is probably guilty thereof.

15. _________Is the jurisdiction over the subject matter conferred by the law and depends upon the allegation made in the complaint and the penalties prescribed by law for the offenses committed.


II Choose the correct answer:1. What is the remedy of the offended party or complainant

should the prosecuting officer refuse or fail to file an information or to prosecute the criminal action;

a. Refile the case with other Courtb. File a motion to dismissc. Take the matter with Department of Justiced. Amend the complaint.

2. In filing a complaint, the offense is committed by more than one person, how should the complaint be filed?

a. Is it a complaint against individual perpetrators;b. Is it a complaint against all of the offended party;c. Is it a complaint against all of the accuses;d. Is it a complaint file separately against the

principal.

3. Which of the following requisite are not requirement of the complaint;

a. Name of the accused and his known addressb. The designation of the offensec. The acts or omission complained of as constituting

the offensed. Warrant of arrest

.4. What is the major step in processing of a criminal case after you a received a complaint?

a. Conduct initial investigationb. Apprehend the suspectc. Make a report of the crimed. Apply for a warrant of arrest

5.What does a police officer do when conducting pre-arrest investigation?

a. searching the suspect’s home


b. questioning the accused in the present of his/her counsel

c. interviewing the witnessesd. initial observation be conducted and determine if

the crime has been committed.

7. Who among the following public officers are not allowed to conduct a preliminary investigation in filing a criminal case in court.

a. Provincial and City prosecutorsb. Chief of Police in the municipalities

c. Judges of Municipal Trial Courtd. Tanodbayan

8. How could you determine the venue in filing a complaint?a. alleged in complaint b. the penalty provided by lawc. the place where the offense committedd. the qualifying circumstances

9. When does a court acquire jurisdiction in criminal case?a. the offense is one which the court is by law

authorized to take cognizanceb. when the court issued a warrant of arrestc. the preliminary investigation was conducted by

the Metropolitan Trial Judged. the offenses was inherent in their territorial

jurisidiction.

10. Jurisdiction acquired by the court by means of voluntary appearances or arrest of the accused?

a. Jurisdiction over the subject matterb. Jurisdiction over the person of the accusedc. Jurisdiction over the territory where the offenses

committed


d. Jurisdiction over the criminal cases

11. What do you mean that the right of the accused is to be informed of the nature and cause of accusation against him which requires that every material facts and essential element of the offense be charged with precision and certainty in the information or complaint in a simple, understandable language of the crime, he is charged with and the acts constituting the crime, in a sufficient detail to enabler him to prepare his defense and to be protected in the event of double jeopardy;a. The offense must not be stated hypothetically or

argumentative;b. The offense moust not be stated in the disjunctive or

alternative wayc. The facts must be alleged in positive terms and not by

way of recital;d. All of the above.

12. What is the most important part of police career in apprehending the criminal element?a. Report of the crime b. Booking of suspected criminalc. Warrant of arrestd. Preliminary investigation

13. It is sufficient that a complaint must state the true identity of the accused or any appellation or nickname by which he has been or is known, or if his identity cannot be discovered he must be described under a fictitious name with a statement that his is unknown.a. The designation of the crime by name b. Name of the defendant must be statedc. The fact must be identify in the complaint


d. The questions on the accused identity must be raised during arraignment

14. A complaint must state the name and surname of the person against whom or against whose property the offense was committed or any appellation or nickname by which such person has been or is known, and if there is no betterway of identifying him, he must be described under a fictitious name.a. The name of the accused must be statedb. The name of the offended party must be statedc. The name of the witnessesd. Must be particularly described the offenses committed

15. Whenever possible, a complainant should state the true offenses committed besides the acts or omissions constituting the same and if there is no designation, reference should be made to the section or subsections of the statutes punishing it. a. the facts must be alleged in complaintb. the qualification of crime committedc. the nature and cause of actiond. the designation of the offense by the statute

16. It is stated in ordinary and concise language without repetition but not necessarily in the terms of statute defining the offense, but in such form as is sufficient to enable a person of common understanding to know what offense is intended to be charged, and enable the court to pronounce proper judgment, it means; a. the act or omission complained of;b. the material allegations in the complaint;c. the facts and circumstances of complaint d. the elements of offense committed.


17. It is an inquiry or proceeding for the purpose of determining whether there is sufficient ground to engender a well founded belief that a crime cognizable by the Regional Trial Court and that the respondent is probably guilty thereof;a. Preliminary Investigationb. Preliminary examinationc. Complaintd. Criminal Procedure

18. To determine the offense that has been committed and there is a reasonable ground to believe that the accused has committed and a warrant may be issued.a. Preliminary investigation b. Preliminary examinationc. Complaintd. Criminal procedure

19. It simply means that there is a sufficient facts to convince him, that a person has committed the crime, and has a probable cause to justify his issuance of order of arrest, who may order to issue a warrant of arrest?a. City or municipal prosecutorb. Judges of Municipal Trial Court conduct ted

preliminary investigation.c. Judges of Regional Trial Courtd. Fiscal

20. A preliminary investigation means to protect the innocent against hasty, malicious and oppressive prosecution, to spare from trouble, expenses, and anxiety of public trial, and to protect the state itself from useless and wasteful trials, is it?a. Constitutional rightsb. Part of due process


c. Part of criminal justice systemd. Mandatory order of the court and certification is

required

21. When is a person who is lawfully arrested and detained without warrant, may ask to conduct a preliminary investigation provided he will sign a waiver under Art. 125 of the Revised Penal Code?a. When he was arrested and/or before filing of criminal

action;b. When the Regional Trial Judge order to conduct

preliminary investigation; c. When the Regional Trial Judge issued a warrant of

arrest;d. When the fiscal refuse to conduct the preliminary

investigation.

22. The accused is to be informed of the complaint or information filed against him, and to be given access to the testimony and evidence against him at the preliminary investigation, when is this rights shall invoke by the accused?a. when the accused is under custodial investigation

pursuant to new constitutionb. when the accused was arrested before trialc. when he invoke the rights of the accused at the triald. when the accused was issued a warrant of arrest

23. In proper filing of complaint which cognizable with Regional Trial Court shall state the known address of the respondent and be accompanied by affidavit of complaint and his witnesses as well as other supporting documents, in such number copies as there are respondents, How many copies should be retain as official file? a. Four copies


b. Two copiesc. Five copiesd. Three copies

24 After taken the sworn statement or sinumpaan salaysay of the complainant in a case fall under Article 344 of the Revised Penal Code, evidences, and the statement and affidavit of the witnesses, what other document shall be submit to the Fiscal Office?

criminal procedure outline

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