CRIMINAL PROCEDURE (LECTURE NOTES) - Jurisdiction is conferred by law, not subject to consent,

agreement, or waiver (as opposed to civil cases)

8 September 2020 - Ex. Civil case, stipulation re venue of complaint
1. Q: valid or not
Preliminary Considerations
2. A: valid, because in civil cases, venue can be
stipulated
Criminal procedure
3. If criminal action is to be instituted, it cannot be
- Commence:
Jurisdiction
1. Investigation
 From arrest
- Requisites:
- Method prescribed
1. Over the subject matter
1. Apprehension and ______ 2. Over the territory
2. Until conditional release of the accused 3. Over the person of the deceased
- Over the territory – within the territorial jurisdiction
Sources:
- Over the subject matter – authorized by law to take
- Rule 110-127 cognizance of
- 1987 constitution - Over the person of the accused – must have been
1. Bill of rights brought in presence for trial
- Decisions of the SC 1. Thru warrant of arrest, or
2. Upon voluntary submission in court
Criminal law vs. Criminal procedure - Jurisdiction is determined by allegations of the
complaint or information
- Criminal law is substantive - Jurisdiction over continuing crimes
- Criminal procedure is remedial 1. Continuing crimes
- Criminal law is what crime  Definition
- Criminal procedure is how to act on that crime  Elements
1. Initiated and consummated
System of criminal procedure 2. Continues until apprehension
3. 2 or more violations of the RPC,
1. Inquisitorial 4. same purpose
2. Accusatorial  Jurisdiction is where any of the
3. Mixed elements was committed
 Exclusionary rule:
Inquisitorial – not final until the decision of the high court 1. If the person is under custody
2. Court who took cognizance first
Accusatorial – commenced by the offended party
15 September 2020
- Public prosecutor
- Accused, right to be heard, assist by counsel MTC jurisdiction
- Rights of the accused are guaranteed
- Guilt beyond reasonable doubt RTC jurisdiction
- Right to appeal
- Moral certainty of guilt Ex. Driver bumped into MRT pole, 16 years old is injured,
Offense is criminal negligence resulting to slight physical injuries.
Mixed – 2 contending parties Complainant is 16 years old

PH – accusatorial or adversarial - Q: what court?

- A: RTC, special jurisdiction over juvenile cases
Liberal construction - Basta merong minor, accused or complainant, sa Family
Court
Jurisdiction – “juris” + “dico”
RTC special jurisdiction
- Power given by law to court to hear and determine
cases - Libel, written defamation
- Vested in courts, not judges - Intellectual property
- Cybercrime
Venue vs. Jurisdiction
- Drugs
- Venue is pa__ ____ where jurisdiction may be
SB jurisdiction
exercised
 - SG 27
- Lower than SG 27
1. Included in the charge wherein one of the RULE 110
accused is SG 27
When will criminal action commence?
2. Offense committed in relation to office
3. Ex. Information alleged that accused is SG 27,
- Information filed with the court
no amount is mentioned in bribery offense
 Q: what court: Sec. 1
 A: RTC, because does not allege
damages, does not exceed 1m - Offenses requiring PI
- Rule on executive officials 1. Complaint filed with fiscal
1. Below SG 27 = SB has jurisdiction 2. Fiscal to conduct PI
- Offenses not requiring PI
Hold departure order vs. precautionary hold departure order 1. Complaint filed with fiscal
2. Fiscal to file with court
- HDO – a criminal case should already be pending
- Proper officer
before the RTC
1. City prosecutors and assistants
- PHDO – can be secured even if in PI stage and not yet
2. Judges
filed with the court
3. National, regional, and state prosecutors
- Who issues? RTC, SB
 Regional state prosecutors –
1. DOJ has NO authority to curtail the exercise of
jurisdiction in municipalities
the right to travel
 National state prosecutors –
 Only the court can restrict the
nationwide
movement of a person
 Authority of the DOJ Secretary
2. Prosecutor to RTC which has jurisdiction over
- Institution
the case
1. Filing a complaint for PI
- SB
2. Who can file:
1. HDO against public officer
 Fiscal, offended party, peace officer,
public officer
Ombudsman
3. Complaint filed by PNP Cybercrime officer is
- Cases cognizable by SC VALID
- Counterpart of public prosecutor 4. Information – that is where “People of the
Philippines” is inserted
- May the DOJ investigate public officers in cases
 The State is the injured party
cognizable by SB? YES.
5. Oral complaint is NO
- OMB can investigate cases under RTC
6. In complaint, jurisdiction comes in
Prosecutor to DOJ 7. Lack of oath does not invalidate the complaint
8. Complaint need not be assisted by a lawyer
- Petition for review 9. Juridical persons are represented by its
corporate officers
Role of OSG  For the complaint to be valid
 Name of the corporate officers
- In cases subject to appeal responsible for it
- An acquittal is mostly not subject to appeal  Or an authorized person on behalf of
- Appeal of decision of OMB the corporation
1. Rule 65 to the SC - General rule on INJUNCTION:
2. Rule 43 to the CA 1. Crim pro cannot be enjoined
2. XPN: BPI v. Hontanosas
22 September 2020 1. To afford adequate protection to the
constitutional rights of the accused
SB jurisdiction 2. For the orderly administration of
justice or to avoid oppression or
- Offense involving public officials
multiplicity of actions
- “in relation to office” 3. There is a prejudicial action that is
- “accessory follows the principal” subjudice
- Principal is private individual; accessory is public officer 4. Acts of the officer are without or in
excess of authority
Jurisdiction over complex crimes 5. Prosecution is under an invalid law,
ordinance or regulation
- RTC
6. Double jeopardy is clearly apparent
 7. Court has no jurisdiction - LGC, AC No. 5-3
8. Case of persecution rather than
prosecution Sec. 1 Rule 110 does NOT apply on cases under rule of
9. Charge is manifestly false and summary procedure
motivated by lust for vengeance
10. Clearly no prima facie case against - Traffic laws
the accused and a MQ is denied on - Rental laws
that ground - Ordinances
- Information and complaint: similarities and - Imprisonment not exceeding 6 months
differences - Such cases is under MTC
1. C – signed by offended party/police officer
2. I – prosecutor/authorized prosecuting officers Case: LIM v. MEJICA
3. C – fiscal’s office or court
4. I – court - Ticker: libel, issue of forum shopping
5. I – may be quashed if the fiscal has no - Resolution of the city prosecutor is different from the
authority to sign it resolution of the trial court judge
6. I - ___________ - When the complaint is directly filed with the court, the
fiscal does NOT acquire jurisdiction
24 September 2020 - In relation to double jeopardy

For prosecution of offenses: Prescription

Before filing to the fiscal/court - General rule for offenses under RPC
1. prescription of offenses is interrupted by the
- Katarungang Pambarangay/Barangay Conciliation filing of the complaint with the fiscal
- General rule: 2. prescription is commenced on the time of
1. There must be confrontation between parties discovery of the crime
before barangay captain before filing to the - For special law
appropriate court or government offices 1. The filing of complaint with fiscal will interrupt
2. Rationale: amicable settlement may be 2. XPN: otherwise provided in the special law
reached, declogged the dockets of the courts - Summary Procedure:
3. Certification from the barangay secretary 1. Prescriptive period is interrupted when filed
and attested to by the brgy. Captain – with court without need for PI
certificate to file action; means no settlement
has been reached Case: JADEWELL v. LIDUA
- 2 instances before parties go to court:
1. Certification to court of no settlement Ex. Ordinance is violated on Jan 1 2020, filed to fiscal Jan 5
2. Reached a settlement but repudiate the 2020, 2 months prescriptive period, filed information on Apr 5
settlement 2020
- XPNs to the general rule:
1. Accused is under detention - NOT interrupted by filing with fiscal
2. Deprived of personal liberty - Court shall dismiss the information
3. Action coupled with provisional remedies - Act 3326 provides for prescriptive period of special laws
4. Action is based from statute of limitations and ordinances
- Coverage of Barangay Conciliation - Rule:
1. Parties actually residing in the same 1. In case of conflict, rule 110 must yield to Act
city/municipality 3326
2. XPN: 2. Rule 110 must yield to rules on summary
1. One party is government procedure
2. One party is a public officer, [action is] 3. Special law prevails over general law
regarding his official function - XPN:
3. Imprisonment is 1 year up or a fine of 1k 1. BP 22
up  Special law
4. No private offended party  Prescriptive period is interrupted from
5. Involves real properties located in different the filing with fiscal
cities
 XPN: upon prior agreement, Lupon Sec. 5
will mediate
6. Parties residing in different cities - Who must prosecute criminal offenses?
7. Other disputes which are prescribed by
the President
Ex. Atty. X, private prosecutor, was authorized to prosecute Public officials under SG 27
criminal case of rape, feel that the victim consented to it, moved
to dismiss and withdrawal of information - DOJ to investigate and prosecute
- MTC/RTC
- Q: is motion valid or not?
- A: NO Jurisdiction of CTA
- Authority of private prosecutor is only to appear and
conduct trial Q: Lawyers of BIR and Customs prosecute, appeared as the
representative of the State in a criminal complaint, valid or not?
- Limitations on authority:
1. Cannot make a stand contrary or inconsistent
A:
to the State
2. Not entitled to be served or furnished copies Exclusive original jurisdiction of CTA
(only served to the office of the public
prosecutor) - OSG has NOTHING to do with this
3. Cannot appeal an order that is inconsistent
with the public prosecutor’s stand Tax evasion cases – PROSECUTORS to investigate
4. Death of the offended party
BIR and Customs lawyers
29 September 2020
- Special prosecutors
City prosecutor - For exigencies of public service

Provincial prosecutor If the justices of the CTA direct the public prosecutors to take
over the case, the public prosecutors, at any time, may take over.
Regional prosecutor
It the judge does not want the private prosecutor to conduct the
- For NCR, Prosecutor General (formerly Chief State trial, the latter has no choice but to follow because it has been
Prosecutor) and always will be within the discretion and control of the public
prosecutor
Q: Can a widow file a complaint for murder without the help of
PNP? 1 October 2020

A: YES, being the heir of the offended party Special prosecutors

- PNP can assist in the investigation 1. BIR

2. Customs
Q: Information, after PI, charged only with Homicide, offended
party go to OSG for assistance, appeal to CA on the ground of OSG also appears in trial, civil cases, in localities
SOJ gadalej, valid or not?
DOJ jurisdiction is nationwide
A: NO
Discretion of the public prosecutor (3)
- OSG – counsel of the State
- Finding of probable cause by the prosecution should not Case: AMPATUAN v. DE LIMA
be disturbed; within its discretion
- It would be inappropriate from the OSG to agree with - Control of the court once the Information is filed
the private complainant in changing the homicide to 1. Suspension of arraignment
murder 2. Reinvestigation
3. Dismissal of the case
Discretion of the prosecutor:
Powers of public prosecutor
1. What to charge
2. Who to charge - In relation to OMB, concurrent jurisdiction with the DOJ
3. Manner of prosecution in the determination of probable cause/PI
1. OMB can take over any time for cases under
Q: A indicted by OMB with the SB, DOJ prosecutor entered the SB
picture, valid or not?
Case: BUSUEGO v. SB
A: NO, office of the special prosecutor under OMB shall
prosecute cases under SB LA JIMENEZ v. SORONGAN

Concurrent jurisdiction between DOJ and OMB CHUA v. PADILLO

WORLDWIDE WEB v. PEOPLE Designation

PINOTE v. AYCO - Rationale: constitutional right of the accused to be

informed of the nature of accusation against him, to
PILAPIL v. IBAY prepare for his defense
- Q: can the trial court convict the accused of murder for
Adultery
the information of homicide because the facts alleged
are for murder and it was established in the trial?
- Status and capacity of the offended spouse
- A: NO,
Bigamy 1. The information is for homicide
2. The circumstances for murder must be present
- Crimes against civil status in the information
- May be prosecuted at the initiation of the State 3. Even if during trial, the evidence presented
refers to murder
Private crimes 4. If the information is for murder, and the
prosecution failed to prove the aggravating
- Private party only to initiate the criminal action circumstances, the trial court can convict the
accused for HOMICIDE
Rape  Because homicide is necessarily
included in murder
- The State may file (follow the order in the Rule)  Downgrading an offense is proper
 However, if homicide to murder = a
Case: PEOPLE v. AROOJADO
person cannot be convicted with a
grave offense than charged, no matter
- Information is a pleading
how conclusive the evidence is
Juridical person
Mere deficiency in form is not fatal. It may be amended at any
- Officers; “in their capacity as corporate officers” stage.

Date Substantial matters are the facts alleged that determines nature
of the crime and the jurisdiction of the court.
- No general statements like “in the year of 2019”, and
8 October 2020
“date subsequent thereto”
1. May be moved to quash
Q: on or about June 2019, in sampaloc, manila, have carnal
- “Month, year” = ALLOWED
knowledge with AAA, during trial it was proven that the place is
ermita, no amendment was made, can the accused be
Name of the accused
convicted? Is the information defective?
- If the information only has aliases, it is always
A: The Information is not defective. The accused can be
INSUFFICIENT; it needs to have particular names; if
convicted.
not, “Jane or John Does whose true name and identity
are still unknown” - Non-objection of the accused is WAIVER
- C – aliases are sufficient - It is still within the territorial jurisdiction of the court
- I – purely aliases are not allowed 1. XPN: if the place is a material element of the
crime
6 October 2020
Duplicity of offenses
Sufficiency of the information or complaint
General rule:
What if there are defects in the information and complaint?
XPN:
- General rule
- XPNs 1. When the law prescribes a single punishment for
various offenses
Rationale why the name of the accused must be indicated: 2. Modes of committing the offense

- Q: Leo alias “JACK” in the information, alias “ROSE” in Case: PEOPLE v. JUGUETA
other place, motion to amend, accused contends that he
is not the charged LONEY v. PEOPLE
- Error in the name of the accused is irreversible unless
the true name of the accused is sufficiently established PEOPLE v. CA
 - Role of OSG 2. First jeopardy is validly terminated
- Private complainant can appeal to the SC in his own 3. Second jeopardy is for the same offense as in
name the first
- The conviction of the accused shall not be a bar to
13 October 2020 another prosecution for an offense which necessarily
includes the offense charged in the former complaint or
Amendment and Substitution information under any of the following instances:

- Before arraignment (a) the graver offense developed due to

supervening facts arising from the same act or omission
What if a formal amendment? constituting the former charge;
Q: If the Information failed to allege one element, estafa, failed to (b) the facts constituting the graver charge
allege the amount of damage, amendment or substitution? became known or were discovered only after a plea was
entered in the former complaint or information; or
A: Formal amendment kasi di naman napalitan yung offense
(c) the plea of guilty to the lesser offense was
Amendment
made without the consent of the prosecutor and of the
- Formal offended party except as provided in section 1 (f) of
Rule 116
1. Do not charge another offense different from
the original charge
Case: SALUDAGA v. SB
2. Do not alter the prosecution’s theory
3. Do not cause any surprise and alter the line of Rule on Amendments
defense
4. Do not adversely affect the substantial rights of General rule:
the accused
- Substantial XPN:
1. Recital of facts which constitutes the offense
charged and determines jurisdiction of the Substitution – can be made anytime BEFORE JUDGMENT
court
Distinction between Amendment and Substitution
- Motion to Amend is necessary even before
arraignment
- As to scope
1. In writing or verbally
- As to leave of court
Q: Serious physical injury to Homicide, before plea - As to new PI, plea
- As to offense involved
- The prosecution can do amendment or substitution in
any way BEFORE ARRAIGNMENT based on PI Case: PACOY v. CAJIGAL
- Before plea, downgrades the offense or excludes an
BALINDONG v. CA
accused, it is necessary to file a motion
- Sec. 14 cannot be applied to redetermine probable
A – same offense or necessarily included in the original offense
cause.
S – different offense
15 October 2020
Substitution and Double Jeopardy
Case: MENDEZ v. PEOPLE
- Before plea = NO double jeopardy
- Tax cases, 1m up, file to CTA
- After plea
- Tax cases, 1m below, file to RTC/MTC
1. Jurisdiction; court already took cognizance
- Tax cases, 1m flat, file to RTC
2. No final judgment yet
- Double jeopardy, requisites:
Case: OCAMPO v. ABANDO
1. First jeopardy attached prior to the second
a. Valid indictment KUMMER v. PEOPLE
b. Before a competent court
c. After arraignment ROMUALDEZ v. SB
d. Valid plea has been entered
e. Accused was acquitted or convicted, Filing of information if there is a pending MR
or the case was dismissed or
terminated without his express - General rule: NOT BAR the filing even there if is
consent pending MR or petition for review
 - XPN: if after ng MR, nagfile ng “Motion to Suspend
Proceedings or Arraignment until determination of the
pending motion”
1. Suspension for 60 days
2. After that, regardless of the resolution, the trial
shall continue
RULE 111
3. If MR is denied, go to SOJ, petition for review
- Crucial point: ARRAIGNMENT General rule: section 1(a) par. 1
1. Yung motion to suspend, dapat BEFORE
FILING ng information sa court Filing fees

Prescription - Rule: need not be paid upon filing of the criminal action,
will be the first lien on the judgment
Case: PEOPLE v. ROMUALDEZ - MENTAL damages
1. MENT = must be proven in court
DISINI v. SB
- XPN: BP 22, only criminal action where you have to pay
- Considerations in resolving prescription: filing fees
1. Period of prescription for the offense charged
Death of the accused
2. The time when prescriptive period starts to run
3. The time when prescriptive period is - Reference points:
interrupted
1. After plea and before judgment: extinguished
- Rule of prescription on special laws
criminal and civil, cannot proceed against the
- Act 3326, rule when prescription is interrupted estate
2. Before plea: extinguished criminal; private
JADEWELL v. LIDUA
party can proceed against the estate
(independent civil action)
- Violation of ordinance on parking
- Rule on institution of criminal action and prescription Independent Civil Action
- Rules on Summary Procedure
1. Sec. 11. How commenced. — The filing of - May proceed independently of the criminal action, which
criminal cases falling within the scope of this means pwede rin siyang magproceed simultaneously
Rule shall be either by complaint or by with the criminal action
information: Provided, however, that in - After death of the accused: independent civil action may
Metropolitan Manila and in Chartered Cities, proceed
such cases shall be commenced only by - Preponderance of evidence
information, XPN when the offense cannot be - Damages arising from negligence: separate civil
prosecuted de officio. action may be filed
2. As provided in the Revised Rules on Summary - 2177, CC
Procedure, only the filing of a complaint or
1. Offended party cannot recover twice for the
Information in court tolls the prescriptive
same act or omission = principle of unjust
period where the crime charged is involved in
enrichment
an ordinance.
- Supreme Transpo v. San Andres (2018)
3. Sec. 9 - “the complaint or information shall be
1. The requirement for the reservation of the civil
filed directly in court without need of a prior
action does not anymore apply to the
preliminary examination or preliminary
independent civil actions under Articles 32, 33,
investigation.”
34 and 2176 of the Civil Code. Such actions
may be filed at anytime, provided the plaintiff
does not recover twice upon the same act or
Sec. 15, place where action is to be instituted omission.

Q: issued a check in his principal business address in Malabon, Acquittal

withdraw in a bank in QC, deposit in Makati, where will you file
the estafa case? - Remedy: NONE
- XPN: GADALEJ, Rule 65, with OSG conformity
A: it can be filed in any court where any of the elements of estafa
has occurred Prejudicial question

- Estafa is a continuing offense particularly for the - Elements

issuance of a post-dated check - Rule on Continuous Trial
- Same with BP 22
1. General rule: Motion to suspend criminal
proceeding is a PROHIBITED pleading on the
ground of prejudicial question, when NO civil
action has been filled
2. XPN: ALLOWED when there is a civil case
filed prior to the criminal case