CRIMINAL PROCEDURE and COURT TESTIMONY1
CRIMINAL PROCEDURE and COURT TESTIMONY1
CRIMINAL PROCEDURE and COURT TESTIMONY1
MODULE
SUBJECT: CLJ6 (CRIMINAL PROCEDURE and COURT TESTIMONY)
II. Coverage for the First Grading Period or PRELIM: Rule 110
(PROSECUTIONOFOFFENSES)up to Rule 114 (BAIL)of the Revised Rules
on Criminal Procedure of the Rules of Court.
III. INSTRUCTIONS:
a. Read and understand the assigned specific provisions of the
rules and other pertinent procedural laws;
b. For better understanding, refer to some notes, discussions,
explanations and Supreme Court cases rulings or pronouncements
made available in this module;
c. Be able to correctly or properly apply the provisions of the
rules of court on criminal procedure in given case scenarios or case
problems. The same will be given later as an evaluation or
assessment of your participation in this study.
IV. TOPICS
A. PRELIMINARY MATTERS
*Kinds of court cases or actions filed in court:
1. CRIMINAL ACTION/CASE
-The state prosecutes a person for an act or omission
punishable by law or for committing a crime.
-The main complainant in a criminal action is the state or
the public in general. See sample of a criminal case
caption (portion):
Republic of the
Philippines FIRST
JUDICIAL REGION
REGIONAL TRIAL COURTS
BRANCH 8
La Trinidad, Benguet
The People of the Philippines,
Plaintiff/Complainant,Criminal Case No. xxxxxx
-versus- For: MURDER
Juan dela Cruz,
Accused.
-Criminal cases are governed by the rules on criminal
procedure
2. CIVIL ACTION/CASE
-A party sues another for the enforcement of his right or
prevention of or redress a wrong.
-Examples:
a) ejectment case (withthepurposetoremove
a
personfromintrudingonhisproperty)
b) collection of sum of money (liketocollect unpaiddebts)
-Civil cases are governed by the rules on civil procedure
B. CRIMINAL PROCEDURE
*CRIMINAL PROCEDURE defined.
-Method prescribed by the law for the apprehension and
prosecution of a person accused of a crime and for his
punishment in case of conviction (orreleaseincaseofacquittal). -
Procedural steps through which a criminal case passes
commencing with the investigation of a crime and concluding
with the verdict to convict or acquit the accused by the court.
*CRIMINAL PROCEDURE versus CRIMINAL LAW
1. a remedial law (madeby 1. a substantive law (madeby
theSupremeCourt) theCongress)
-it provides procedures on -it declares or provides
how acts or omissions are what acts or omissions are
to be punished punishable
2. there is no vested right 2. there is vested right
-new rules or amending -new, amending or
rules may be made anytime repelling law may be applied
and may be applied to only when favorable to the
pending cases whether accused
favorable to the accused
C. UNIVERSALLYRECOGNIZEDSYSTEMSINCRIMINALPROCEDURE
1. INQUISITORIAL SYSTEM
-The prosecution of the crimes is wholly in the hands of the
prosecuting officer and the court.
-the presence of the accused before the magistrate or court is
not required.
-characterized by secrecy
-during the Spanish time in the Philippines
2. ACCUSATORIAL SYSTEM
-The prosecution is left in the hands of the prosecuting arms of
the government. The accused is informed of the accusation and
is given the opportunity to defend himself.
-There is a public trial, presumption of innocence and right to
appeal
3. MIXED SYSTEM
-Combination of the good features of the inquisitorial and
accusatorial systems.
-This is the one adopted in this country.
-Preliminary Investigation is a feature of inquisitorial system
while the right to be heard and defend in person or by counsel
are features of accusatorial system.
*REQUISITES OF JURISDICTION
*VENUE defined.
-Venue refers to the geographical area or territorial unit where
the power of the court is to be exercised, or simply put, the
place of trial.
Jurisdiction vs Venue
1. refers to the 1. refers to the place of trial
authority to hear,
decide or
determine cases
3. Court of Appeals
-appellate jurisdiction over RTC decisions (orthepowertoreview
decisionsoftheRTC)
4. Supreme Court
-automatic review of conviction when penalty is reclusion
perpetua or higher
5. The Sandiganbayan
-under PD 1606 created the Sandiganbayan
-an anti-graft court (Section4,articleXIoftheConstitution)
*Jurisdictions:
a. Violation of -RA No. 3019 (the“Anti-graftandCorrupt
PracticesAct”)
-RA No. 3079 (lawonforfeitureofill-gottenwealth) -
Chapter II, Section 2, Title VII of RPC (bribery,
indirectbriberyandcorruptionofpublicofficials)
b. Other offenses/ felonies committed by public
officers or employees including those in the Government
Owned and Controlled Corporations (GOCC)in relation to
their office
-Examples of GOCC: Meralco, PNB
c. Appellate jurisdiction to decisions of RTC, MTC or
MCTC
7. Lupong Tagapamayapa
-a creation under the Local Gov’t Code of 1991 (RA7160)
-barangay court (notacourtinthelegalcontemplationbutan
administrativebody) -jurisdiction:
-Crimes punishable by imprisonment not exceeding 1 year
or a time not exceeding P5,000. (Butnotwhen:
-noprivateoffendedpartyisinvolved;
-the suspect is under a lawful
warrantlessarrest)
-Venue :barangay where disputants are residents of; :if actual
residents of different barangays within the same city
or municipality, where the respondent or any of the
respondents actually resides at the election of the
complainant.
6. Shari’a Courts
-creation under PD No. 1083 (CodeofMuslimPersonalLawsof
thePhilippines)
5. The Sandiganbayan
-under PD 1606 created the Sandiganbayan
-an anti-graft court (Section4,articleXIoftheConstitution)
*Jurisdictions:
a. Violation of -RA No. 3019 (the“Anti-graftandCorrupt
PracticesAct”)
-RA No. 3079 (lawonforfeitureofill-gottenwealth) -
Chapter II, Section 2, Title VII of RPC (bribery,
indirectbriberyandcorruptionofpublicofficials)
b. Other offenses/ felonies committed by public
officers or employees including those in the Government
Owned and Controlled Corporations (GOCC)in relation to
their office
-Examples of GOCC: Meralco, PNB
c. Appellate jurisdiction to decisions of RTC, MTC or
MCTC
2- Preliminary Investigation
-to be conducted by a public prosecutor and others
authorized by law (notanymorebyajudge)
*person subject of the investigation is called, the
RESPONDENT
*Once an information is filed in court, the subject person
is called, the ACCUSED
4- Judgement
-motion for reconsideration or new trial is a remedy
6- Execution (tobereturnedtocourtoforiginforexecutionofthe
decision)
-Note that in Article 104 of the Revised Penal Code, the civil liability
includes:
1- restitution
-example: -to return the item stolen in the case of theft
or pay for its value when it’s not recovered
2- reparation of damage caused
-example: -to pay the cost of damage done to a
property in case of malicious mischief
3- indemnification of consequential damages
-Example: -to reimburse the hospitalization expenses of
the victim
-moral damage
-General Rule: when a criminal action is instituted, the civil action
arising therefrom is also instituted. (orwhenthecriminalcaseisfiled,
thecivilcaseisalsoconsideredfiled)
-Exceptions: 1. offended party waives the civil action (noclaimfor
civildamagesbytheprivateoffendedparty)
2. offended party reserves the right to institute the
civil action separately
3. offended party institutes the civil action prior to
the criminal action
*effect of reservation
-the crime case proceeds first until terminated with finality, then
the civil action may be instituted.
*The court may still award civil damages even in cases of acquittals
-see Padilla vs. CA, 129 SCRA 558
-to avoid duplication of proceedings (becausetheaggrieved
partywillbefilinganothercase(civilcase)again)
-no express prohibition
*When does civil action proceed even with the filing of a criminal
action?
Ans. 1- civil action related or provided in Articles 32, 33, 32 and
3276 (quasi-delict)of the Civil Code of the Philippines. -in any of
these cases, civil actions may proceed independently
-in any of these cases, the result of criminal action
whether acquittal or conviction is irrelevant
*Purposes or Objectives of PI
1- to protect or secure the innocent against hasty, malicious
and oppressive prosecution;
2- to save him from public accusation of a crime and from
the trouble, expense and anxiety of a public trial; and
3 -to protect the state or government from useless of expensive
litigation.
-so that when it is obvious that there is no factual basis for
the accusation but just to harass a
person
(respondent), the case can be dismissed outright. In this
case, the innocent respondent is saved from anxiety of a
useless trial and likewise the government is saved from
expenses and waste of time.
*PROCEDURE:
1. Complaint filed (toapersonauthorizedtoconductPI)
-A complaint is subscribed and sworn to (bythecomplaining
party)before any prosecutor or government official authorized to
administer oath, or in his absence or unavailability, before a
notary public who will certify that affiant was examined with
voluntariness.
*Waiver of PI (orcaseswhenpersonchargeddoesnotavailofthe
benefit ofPI)
1. by voluntary waiver (expresswaiver-inwritingorverbal);
2. by failure to claim before he pleads
(duringthearraignment); 3. by failure to request for PI within 5
days after learning of filing
of the information; or
4. posting a bond and actively participating in the trial without
claiming the benefit of PI
*The conduct of PI is not required when:
1- Penalty of the crime is 4 YEARS, 2 MONTHS or lower.
For if the penalty of the crime is higher than that
(4yrs.,2mos.and
1dayorhigher), there must be PI;
-In this case where PI is not needed, the prosecutor will act on
the complaint based on the affidavits and other supporting
documents submitted by the complainant within 10 days from
its filing.
2- The person is arrested under a lawful warrantless arrest
(in flagrantedelicto). If there is basis for the criminal charge, the
information or formal charge should be timely filed in court so
that there will be no violation of Article 125 of the Revised Penal
Code (DelayintheDeliveryofDetainedPersons). Except when the
suspect or respondent will ask for the benefit of PI by executing
a waiver of his rights under the provisions of Article 25 in the
presence of his counsel.
I. Rule-113 -ARREST
-Defined. The taking of a person into custody in order that he may be
bound to answer for the commission of an offense.
*purpose: -not to frustrate the end of justice (becausetherespondent
islikelytoescape)
*how made?
1) by actual restraint (ofliberty); or
2) by submission to the custody of person making arrest
*kinds of Arrest
1) with warrant of arrest (WA) issued by court; and -there is
a written order of the court to cause the arrest of a
person named therein.
*Procedure:
-if a matter of right
-notify prosecutor of the application who will submit his
recommendation
-If a matter of discretion
(involvingcapitaloffenseofcities
punishablebyreclusionperpetuaandlifeimprisonment)
-conduct hearing
-prosecution has the burden of showing that the evidence
of guilt is strong (bypresentingevidence)
*Forms of Bail:
1- CASH BAIL BOND -sum of money (the amount as
recommended by a prosecutor
and to be fixed by the court
2-PROPERTY BOND -is an undertaking constituted as a
lien or encumbrance on the real
property given as security for the
amount of the bail.
-certificate of title – encumbrance
or lien to be annotated with the
Register of Deeds (ROD) or
unregistered property, still to be
recorder with the ROD registration
book.
3- CORPORATE SURETY -issued by a professional bondman
(orsuretycompany)or one who is
habitually engaged in the business
of furnishing bonds.
-a property bondsman should be
resident real estate owner
4- RECOGNIZANCE -contract between the sureties and
the state for the production of the principal (accused)
when his presence is required. Relative or any responsible
person who undertakes to present the accused
whenever his presence is required. It could also be by the
accused himself (asrecognizer)who Wwho will undertake to
appear whenever his presence is required.
*bail may be filed even before the filing of the criminal charge in
court as when the case is under preliminary investigation.
*When applying for bail, these are required from the accused:
1- full name and address;
2- photographs (passportsize) taken w/o the last 6 months
shown the face, left and right profiles of the accused 3-
payment of the amount by the accused or bondsman or lien on
a property used as bond
MODULE
SUBJECT: CLJ6 (CRIMINAL PROCEDURE and COURT
TESTIMONY)
II. Coverage for the Second Grading Period or MIDTERM: Rule 115
(RIGHTS OF THE ACCUSED) up to Rule 118 (PRE-TRIAL) of the Revised Rules on
Criminal Procedure of the Rules of Court.
III. INSTRUCTIONS:
a. Read and understand the assigned specific provisions of the rules
and other pertinent procedural laws;
b. For better understanding, refer to some notes, discussions,
explanations and Supreme Court cases rulings or pronouncements
made available in this module;
c. Be able to correctly or properly apply the provisions of the rules of
court on criminal procedure in given case scenarios or case problems. The
same will be given later as an evaluation or assessment of your part.
A. Rule 115- RIGHTS OF THE ACCUSED
-Constitutional provisions and statutory (Rule 115 of the Rules of
Court)
-These are:
*Plea defined.
-Proceeding in a criminal case where after reading of the charge
or information, the accused is asked what plea he will enter or
whether he will plead guilty or not guilty to the crime charged.
*Kinds of pleas:
1- plea without condition
2- conditional plea of guilt
-like plea of guilty of killing but raising self-defense or other
exculpatory evidence;
-plea of guilty with condition that certain penalty imposed
to him and not the one provided for by the penal law.
*Period to Plead
a) detention prisoner- within 10 days from date of raffle of the
case to the court
b) not detained- within 30 days from the time the court acquires
jurisdiction over his person
-Note that the accused, after pleading guilty, may not anymore
present evidence that would exonerate him from criminal liability
such as self-defense (Pp vs. Alicia, 95 SCRA 227).
-Originally under the rules, the court may receive evidence from
the parties to determine the penalty imposable. This means that
presentation of evidence is discretionary on the part of the court.
And if presentation of evidence is allowed, it will only be
regarding the presence of aggravating or mitigating
circumstances. And If no attempt to prove modifying
circumstances by either side, accused’s admission is sufficient to
justify the imposition of the prescribed penalty.
*Before arraignment, the court should inform the accused of his right
to counsel and ask him if he desires to have one. If non, court must
assign a counsel de oficio (lawyer appointed by the court) to defend him.
*Accused may:
-employ counsel of his own choice; or
-defend himself in person
-must be allowed in caution because even the most
intelligent or educated man may have no skill in the science
in law, particularly in the rules of procedure.
2- The court trying the case has no jurisdiction over the offense
charged.
-The court where the information was filed may not have
jurisdiction over the subject matter or lacks territorial
jurisdiction.
-Examples:
a) an information charging the accused with rape was
filed with the MTC. Because Rape is under the
jurisdiction of the RTC;
b) an information charging a public officer with salary
grade 27 filed the with MTC. Because the information
should be filed with the Sandiganbayan.
c) an information for slight physical injuries
committed against a minor is filed with the MTC.
Should be filed with the Family court.
*If after trial, the court finds that the crime committed
belongs to an inferior court, said trial court retains
jurisdiction and gives or imposes the appropriate penalty
(not to dismiss the same).
*Provisional dismissal
-The criminal charge against the accused is dismissed
temporarily or provisionally and may be revived (within 1
year from the date of dismissal for MTC cases and within 2
years for RTC cases). But must be *with the express consent
of the accused and *with notice to the offended party.
II. Coverage for the Third Grading Period or FINALS: Rule 119 (TRIAL)
up to Rule 122 (APPEAL), Rule 126 (SEARCH AND SEIZURE) of the Revised
Rules on Criminal Procedure of the Rules of Court and COURT and COURT
TESTIMONY (Rules on Evidence of the Rules of Court).
III. INSTRUCTIONS:
a. Read and understand the assigned specific provisions of the rules and
other pertinent procedural laws;
b. For better understanding, refer to some notes, discussions, explanations
and Supreme Court cases rulings or pronouncements made available in this
module;
c. Be able to correctly or properly apply the provisions of the rules of
court on criminal procedure in given case scenarios or case problems. The
same will be given later as an evaluation or assessment of your part.
*Before submission of the case for decision, the court may require the
parties to oral arguments or the submission of respective memoranda
or arguments.
-The only instance where the trial court may recall its order
discharging the accused to become state witness is when he
subsequently fails to testify against his co-accused. (Pp vs
De Los Reyes, 215 SCRA 63).
-in such a case, his re inclusion must be made in the same
information.
-it accused later retracts and fails to keep his part of the
agreement with the government, his confession made under
such promise may then be used against him (Pp vs. Panaligan, 43
Phil 131; Pp vs. Beberino, 79 SCRA 694)
-Judgment of acquittal
-well settled is the rule that acquittal, in criminal case, is
immediately final and executory upon its promulgation, and that
accordingly, the state may not seek its review without placing the
accused in double jeopardy (Barbers vs Laguio, Jr., 351 SCRA 606).
-Neither may accused on appeal invoke the acquittal of his co-
conspirator to merit reversal of his conviction (Pp vs. Dulay 535
SCRA 656)
-Suspension of Sentence
-allowed in youthful offenders (Child and Youth Welfare Code, PD
No. 603)
*Reconsideration. Defined
-The proceeding for the court to reconsider its judgment on the
ground of errors of law or fact.
-errors of facts (misappreciation of facts)
-errors of law (misapplication of laws)
-Here, the court is given the chance to reconsider and
correct its own judgment because it may have
misapreciated the facts or misapplied the law.
-Example: When the accused is convicted as principal in
the crime when evidence shows that he is
only an accomplice. –misappreciation of facts
-But with respect to the civil liability, the prosecution may appeal the
judgment for that particular purpose.
-Example is when no civil liability is awarded but it was proven during
the trial.
-what to appeal?
-only judgement or order that has not yet become final.
-when does a judgment becomes final?
-after the lapse of 15 days from promulgation of judgement or
from notice of the final order.
-where to appeal?
1. cases decided by MTC/MCTC/Metropolitan Trial Court
-to the RTC
2. cases decided by the RTC
-to the CA or to SC in proper cases provided by law
3. cases decided by CA
-to the SC
E. COURT TESTIMONY
*Some notes:
-Evidence consists of documentary, object and testimonial.
-Presentation of evidence for the appreciation of the court is not
just by submitting or handing over the documentary and object
evidence to the court, unless such documents or pieces of object
evidence (presented by one party) are admitted (by the opposing
party) or are not anymore issues or disputes to be decided upon.
This is because the rule is that these documentary or object
evidence must be identified and testified to by a witness who
has, in any way, personal knowledge about the document or the
object evidence. Hence, testimonial seems to be the most
important evidence because during the presentation of
testimonial evidence, it is also at that time that documentary
and/or object evidence are presented for the appreciation and
consideration of the court.
-As a rule, a witness must have personal knowledge of the facts
subject of his/her testimony. Facts derived by the use of his/her
senses (vision, hearing, smelling, taste, etc.)
-No age, religious belief, race, political affiliation, conviction of a
crime etc. as disqualification for the witness for as long as he can
perceive and capable of making his perception known (or
conscious and understands what is happening and can express
himself to relate the same to the court).
*Who is a witness?
-a witness is one who has personal knowledge on the facts in
issue capable of relating the same to the court and who is not
otherwise disqualified by law or the rules.
-Facts in issue are those facts not admitted (by both
parties) or facts in dispute or controversy, hence, evidence
must be presented by the party claiming the same.
-Example: If prosecution claims that the victim is a
senior citizen but the defense/accused does
not admit, then the prosecution has to
present evidence like birth certificate to show
the age of the victim.
-Note that any witness (except the accused who will testify in his
behalf) who will testify in court falsely may be criminally liable for
False Testimony (Articles 180-183 of the b Revised Penal Code).
-a witness (for the prosecution or for the defense) may be
compelled to testify should he/she refuses to do so.
-Orally
-Witnesses must testify orally to relate his personal
knowledge about the facts in issue (except sign languages
which is allowed for some witnesses);
-Even if his/her testimony is reduced in writing (sworn
statement, affidavit or judicial affidavit that may serve as direct
testimony), he/she must personally testify to identify the
same in court as the same document he/she executed or
prepared.
*Where to testify?
-in open court, except:
a) during ocular inspection where it is done outside the
court but at another place like the place where the
crime was allegedly committed; or
b) under exceptional circumstance like this time of the
pandemic where the court implemented the use of
video conferencing (the witness parties need not go to
court and witnesses need not testify inside the court
room but elsewhere through video conference). -OCA
Circular No. 119-2021 –the use of video
conferencing.
3. Re-direct Examination
-Examination by the party calling him aimed to explain his
answer during the cross-examination that may not be clear
or favorable to the adverse party if not explained.
4. Re-cross Examination
-Examination on the witness by the opposing party on
matters taken during the re-direct examination.