Notes On Criminal Procedure
Notes On Criminal Procedure
Notes On Criminal Procedure
JURISDICTION
If there is no jurisdiction, the only power of that
court is to dismiss the case.
Aspects of jurisdiction
1. Offense
2. Territory where the crime was committed
3. Person of the accused
Jurisdiction of the MTC
1. Violations of City/Municipal Ordinances
committed within their territorial
jurisdiction
2. All offenses where the penalty prescribed
by law does not exceed 6 years of
imprisonment, regardless of the amount of
the fine.
3. Violations of BP 22 regardless of the
amount involved.
4. Offenses where the penalty is destierro.
Jurisdiction of the RTC
If it exceeds 6 years, file it with the RTC except in
cases of (LIE MD):
a) Libel
b) Infringement of copyright, if no special
commercial court
c) Election offenses
d) Offenses involving minors, whether the
minor be the complainant or the accused, if
no family court
e) Drug related cases
n.b. These cases have penalties that do not
exceed 6 years but it should be filed with
the RTC.
Jurisdiction of the Sandiganbayan
The following must concur:
1. The offender must be a government
official/employee.
2. He must commit the offense in relation to
his office or in the performance of his
duties.
Before Plea
After Plea
With or
Without
leave
Without leave
Kind
Substantial
and/or Formal
With leave
Only Formal;
Substantial (if
favorable to
the accused)
With leave;
Amendment
motion from that:
prosecution; a)Downgrades
notice to
the nature of
offended party the offense
b)Excludes
any accused
With leave
By reason of a
supervening
fact
Substitution of a Complaint/Information
If it appears at any time before judgment that a
mistake has been made in charging the proper
offense and the accused cannot be convicted of the
crime charged, the court will dismiss the
complaint/information upon filing of a new one
charging the proper offense.
Example:
Charge: Estafa
Evidence: Theft
DOJ (Resolution)
Court of Appeals (Petition for Certiorari)
Supreme Court (Petition for Review on Certiorari)
When the penalty is reclusion perpetua or life
imprisonment
OCP
DOJ
Office of the President
Court of Appeals (Petition for Review under Rule
43)
Supreme Court (Petition for Review on Certiorari)
The City/Provincial Prosecutor will pass a
resolution, which may be reviewed by the DOJ,
and will then file an information in court. If the
Recognizance
It is a written undertaking that may be executed by
the accused that he will appear in court whenever
required by the court or the Rules of Court. It may
also be filed by another person on his behalf.
Order of Forfeiture
It is issued by the court if the accused fails to
appear when required by the court. It is issued in
order to forfeit the bond. It orders the accused or
the bondsmen to within 30 days from receipt of
the order to:
a) Produce the body of the accused in court
b) Explain why the accused did not appear
before the court when required to do so
c) Show cause why no final judgment shall
be rendered against him for the amount if
his bail.
*If all of these are present, the order of
forfeiture will be set aside.
Entering of Plea
It may be a plea of guilty or not guilty. The
accused must enter the plea personally. However
there are cases when the court will enter a plea of
not guilty for the accused. They are:
accused.
accused, the
prosecution or both.
It is made for any
reason at all or no
reason at all.
It is made at any time
even during trial.
MOTION TO
QUASH
It is made in writing.
It is filed by the
MOTION FOR
PROVISIONAL
DISMISSAL
It can be made orally
or through a written
motion.
It is made by the
Discharge of the
Accused Under
Rule 119
It applies to all
offenses.
There is no such
requirement.
second degree of
consanguinity/affinity.
The witness must not
be a member of a law
enforcement body or
agency.
The witness need not
be charged elsewhere.
There is no such
limitation.
The witness should be
first included as an
accused then
discharged upon
motion of the
prosecution.
The witness does not
enjoy such benefits.
Immunity is granted
by the court.
Statutory Immunities
These are granted by certain laws.
1. Transactional Immunity the witness
cannot be prosecuted for any offense
arising from or which may arise from
transaction or occurrence to which his
testimony relates. It is also known as total
immunity or blanket immunity.
2. Use-and-derivative-use Immunity the
testimony of the witness testifying cannot
be used against him in any future
prosecution. The witness may still be
prosecuted. It is limited compared to
transactional immunity.
RULE 120: JUDGMENT
A judgment is a written adjudication by the court
that the accused is guilty or not guilty of the
offense charged and the imposition on him of the
proper penalty and civil liability, if any.
The following are the requisites of a judgment:
1. It must be in writing
Supreme Court
Rule 45 (PRC)
Court of Appeals
RTC Notice of Appeal
Here the RTC is an original court. If the RTC
renders a judgment of conviction less than death,
reclusion perpetua or life imprisonment, appeal is
to the Court of Appeals by filing a notice of appeal
in the RTC. If the Court of Appeals affirms the
judgment of the RTC, appeal to the Supreme
Court by filing a petition for review on certiorari.
Supreme Court
Notice of Appeal
Court of Appeals
RTC Notice of Appeal
If the RTC renders a judgment of conviction of
reclusion perpetua or life imprisonment, appeal is
to the Court of Appeals by filing a notice of appeal
in the RTC. If the Court of Appeals affirms the
judgment of the RTC, appeal to the Supreme
Court by filing a notice of appeal in the Court of
Appeals.
Supreme Court
Court of Appeals
RTC
If the RTC imposes the penalty of death, the case
goes to the Court of Appeals on automatic review.
The accused does not need to do anything. If the
Court of Appeals affirms the judgment, it shall
render judgment but refrain from entering the
judgment, it shall elevate the record of the case to
the Supreme Court for review.
Modes of Appeal in the Sandiganbayan
Supreme Court
Rule 45 (PRC)
Sandiganbayan
Rule 42 (PR)
RTC
MTC Notice of Appeal
Here the RTC is an appellate court. If the MTC
renders a judgment of conviction, appeal is to the
RTC by filing a notice of appeal in the MTC. If
the RTC affirms the judgment of the MTC, appeal
to the Sandiganbayan by filing a petition for
review. If the judgment of the RTC is affirmed,
file a petition for review on certiorari to appeal
from the Sandiganbayan.
Supreme Court
Rule 45 (PRC)
Sandiganbayan
RTC Notice of Appeal
Here the RTC is an original court. If the RTC
renders a judgment of conviction less than death,
reclusion perpetua or life imprisonment, appeal is
to the Sandiganbayan by filing a notice of appeal
in the RTC. If the Sandiganbayan affirms the
judgment of the RTC, appeal to the Supreme
Court by filing a petition for review on certiorari.
Supreme Court
Notice of Appeal
Sandiganbayan
Here the Sandiganbayan is an original court. If the
Sandiganbayan renders a judgment of conviction
of reclusion perpetua or life imprisonment, appeal
is to the Supreme Court by filing a notice of
appeal in the Sandiganbayan.
Supreme Court
Sandiganbayan
If the Sandiganbayan imposes the penalty of
death, the case goes to the Supreme Court on
automatic review.
Supreme Court
Sandiganbayan
RTC Notice of Appeal
If the RTC renders a judgment of conviction of
reclusion perpetua or life imprisonment, appeal is
to the Sandiganbayan by filing a notice of appeal
in the RTC. If the Sandiganbayan affirms the
judgment of the RTC, it shall render judgment but
refrain from entering judgment and elevate the
record of the case to the Supreme Court for
review.
Supreme Court
Sandiganbayan
RTC
a)
Any court within whose territorial
jurisdiction a crime was committed.
b)
For compelling reasons stated in the
application, any court within the judicial region
where the crime was committed if the place of the
commission of the crime is known, or any court
within the judicial region where the warrant shall
be enforced.
However, if the criminal action has already been
filed, the application shall only be made in the
court where the criminal action is pending.