Criminal procedure

2. WHAT IS CRIMINAL PROCEDURE?
THE SERIES OF PROCESSES WHICH THE CRIMINAL LAWS ARE ENFORCED AND BY WHICH THE STATE
PROSECUTES PERSONS WHO VIOLATE PENAL LAWS

3. ROLES OF THE PARTIES
• ACCUSATORIAL OR ADVERSARIAL - TWO CONTENDING PARTIES BEFORE THE COURT
WHICH HEARS THEM IMPARTIALLY AND RENDERS JUDGMENT ONLY AFTER TRIAL.
• INQUISITORIAL - THE COURT PLAYS A VERY ACTIVE ROLE AND IS NOT LIMITED TO THE
EVIDENCE PRESENTED BEFORE IT. IT MAY UTILIZE EVIDENCE GATHERED OUTSIDE THE
COURT.

4. PRINCIPLE OF CRIMINAL PROCEDURE
• CRIMINAL PROCEDURE SHALL BE LIBERALLY CONSTRUED.
• DUE PROCESS IS MANDATORY IN CP
• • REQUISITES OF DUE PROCESS:
1. COURT IS PROPERLY CLOTHED WITH JUDICIAL POWER TO HEAR AND DETERMINE THE
CASE
2. JURISDICTION OVER THE PERSON OF THE ACCUSED
3. OPPORTUNITY TO BE HEARD
4. JUDGMENT IS RENDERED ONLY UPON LAWFUL HEARING

5. REQUISITES FOR EXERCISE OF CRIMINAL
JURISDICTION
• 1. JURISDICTION OVER SUBJECT MATTER
2. JURISDICTION OVER THE TERRITORY
3. JURISDICTION OVER THE PERSON OF THE ACCUSED

6. JURISDICTION OVER THE TERRITORY
• OFFENSE MUST HAVE BEEN COMMITTED WITHIN THE COURT’S TERRITORIAL
JURISDICTION. VENUE IS JURISDICTIONAL IN CRIMINAL PROCEDURE.
• THE ACTION SHALL BE INSTITUTED AND TRIED IN THE COURT OF THE
MUNICIPALITY OR TERRITORY WHEREIN THE OFFENSE WAS COMMITTED OR WHERE
ANYONE OF THE ESSENTIAL REQUISITES TOOK PLACE.
• JURISDICTION OF THE COURT IS DETERMINED BY THE ALLEGATIONS IN THE
COMPLAINT
• RTC OF MANILA HAS NO AUTHORITY TO ISSUE SEARCH WARRANT FOR OFFENSES
COMMITTED IN CAVITE.

7. EXCEPTIONS TO THE VENUE RULE IN CRIM
PRO:
• 1. OFFENSE COMMITTED FALLS UNDER ARTICLE 2 OF RPC (EXTRATERRITORIALITY
PRINCIPLE)
- IT SHALL BE COGNIZABLE BY THE COURT WHERE THE CRIMINAL ACTION IS FIRST FILED.
• 2. SC ORDERS CHANGE OF VENUE
• 3. IF COMMITTED IN TRAIN, AIRCRAFT, OR OTHER PUBLIC OR PRIVATE VEHICLE IN THE
COURSE OF ITS TRIP - MAY BE INSTITUTED IN ANY MUNICIPALITY OR TERRITORY WHERE IT
PASSED DURING ITS TRIP OR ITS PLACE OF ARRIVAL OR DEPARTURE.
• 4. ON BOARD A VESSEL - COURT OF FIRST PORT OF ENTRY OR IN THE TERRITORY WHERE
THE VESSEL PASSED DURING THE VOYAGE
• 5. CASES COGNIZABLE BY SANDIGANBAYAN - QC

8. •6. WRITTEN DEFAMATION
- PUBLIC OFFICIAL OR PRIVATE PERSON - RTC OF PROVINCE WHERE THE LIBELOUS ARTICLE IS
PRINTED AND FIRST PUBLISHED
- PRIVATE INDIVIDUAL - RTC WHERE HE ACTUALLY RESIDED AT THE TIME OF THE
COMMISSION
-PUBLIC OFFICER - IF OFFICE IS AT MANILA AT THE TIME OF THE COMMISSION - RTC OF MANILA
-PUBLIC OFFICER OUTSIDE MM- RTC OF PROVINCE OR CITY WHERE HE HELD OFFICE
IF DEFAMATORY MATERIAL IN INTERNET - THE PLACE WHERE THE MATERIAL WAS ACCESSED
CANNOT BE EQUATED WITH PRINTING AND FIRST PUBLICATION.

9. JURISDICTION OVER SUBJECT MATTER
• JURISDICTION OVER THE SUBJECT MATTER IS CONFERRED BY LAW. IT MUST BE CLEAR BECAUSE IT
CANNOT BE PRESUMED.
• IT CANNOT BE FIXED BY THE WILL OF PARTIES OR BE DIMINISHED BY ANY OF THE ACT OF THE PARTIES.
• IT CANNOT BE WAIVED
• IT IS DETERMINED BY THE ALLEGATIONS IN THE COMPLAINT
• IN SANDIGANBAYAN, THE NATURE OF THE OFFENSE AND THE POSITION OF THE ACCUSED IS
CONSIDERED.
• IN COMPLEX CRIME, THE MAXIMUM AND MOST SERIOUS PENALTY IMPOSABLE ON THE OFFENSE SHALL BE
THE BASIS.
• LAW IN FORCE AT THE TIME OF THE INSTITUTION OF THE ACTION SHALLAPPLY TO DETERMINE THE
JURISDICTION OVER THE SUBJECT MATTER
• THE IMPOSABLE PENALTY SHALL BE CONSIDERED

10. PRINCIPLE OF ADHERENCE OF JURISDICTION
OR CONTINUING JURISDICTION
• ONCE A COURT HAS ACQUIRED JURISDICTION, IT CONTINUES UNTIL THE COURT HAS
DONE ALL THAT IT CAN DO IN THE EXERCISE OF ITS JURISDICTION. IT CANNOT BE
DEFEATED BY AMENDMENT OR BE LOST BY A NEW LAW AMENDING THE RULES OF
JURISDICTION.
• - EXCEPTION: WHEN STATUTE EXPRESSLY PROVIDES
• WHEN NO SUCH RETROACTIVE EFFECT WAS PROVIDED FOR, IT CANNOT BE APPLIED TO
CASES ALREADY PENDING PRIOR TO THEIR ENACTMENT.
• JURISDICTION OVER THE SUBJECT MATTER MAY BE RAISED OR BE CONSIDERED MOTO
PROPRIO BY THE COURT AT ANY STAGE OR ON APPEAL

11. JURISDICTION OVER THE PERSON OF THE
ACCUSED
• ACQUIRED UPON HIS ARREST, APPREHENSION OR VOLUNTARY APPEARANCE
• SEEKING AFFIRMATIVE RELIEF IS DEEMED SUBMISSION TO THE JURISDICTION OF THE
COURT.
• FILING MOTION TO QUASH, APPEARING FOR ARRAIGNMENT, PARTICIPATING IN THE
TRIAL OR GIVING BAIL.
• EXCEPT: MAKING SPECIAL APPEARANCE QUESTIONING THE JURISDICTION OVER THE
PERSON - NOT VOLUNTARY APPEARANCE AND FILING MOTION TO QUASH WARRANT OF
ARREST
• EVEN IF THE WARRANT OF ARREST IS NULL AND VOID, IF HE POSTED BAIL- SUBMISSION TO
THE JURISDICTION OF THE COURT.
• BEING IN THE CUSTODY OF LAW IS NOT NECESSARILY BEING UNDER THE JURISDICTION OF
COURT

12. • EXCEPTIONS: (WHEN INJUNCTION MAY BE ISSUED TO RESTRAIN CRIMINAL PROSECUTION)
1. NECESSARY TO AFFORD ADEQUATE PROTECTION TO CONSTITUTIONAL RIGHTS
2. ORDERLY ADMINISTRATION OF JUSTICE
3. PREJUDICIAL QUESTION WHICH IS SUBJUDICE
4. ACTS OF OFFICE ARE WITHOUT OR IN EXCESS OF AUTHORITY
5. PROSECUTION UNDER INVALID LAW
6. CLEARLY APPARENT DOUBLE JEOPARDY
7. NO JURISDICTION OVER THE OFFENSE
8. PERSECUTION RATHER THAN PROTECTION
9. MANIFESTLY FALSE CHARGES
• MANDAMUS IS NOT AVAILABLE TO COMPEL PROSECUTION BECAUSE IT IS UNDER THE
DISCRETION OF THE PROSECUTOR TO PROSECUTE

13. CRIMINAL JURISDICTION OF MTC
• - EXCEPT IF FALLING WITHIN RTC OR SANDIGANBAYAN

17. SUMMARY PROCEDURE
• - BEFORE CONDUCTING A TRIAL THE COURT SHALL CALL FOR A PRELIMINARY CONFERENCE
• - ENTERING STIPULATIONS OF FACTS
• - ALLOWING ACCUSED TO ENTER A PLEA OF GUILTY TO A LESSER OFFENSE
• - ANY ADMISSION OF THE ACCUSED MADE DURING PC MUST BE REDUCED IN WRITING AND SIGNED BY
THE ACCUSED AND COUNSEL