Criminal procedure simplified

CRIMINAL PROCEDURE

PROSECUTION OF

OFFENSE

BY: CHELDY SYGACO ELUMBA-

PABLEO,MPA,LLB

RULES OF CRIMINAL PROCEDURE

Substantially revised and the Revised

Rules of Criminal Procedure - approved by

the Supreme Court, in A.M. No. 00-5-03-

SC, effective December 1, 2000.

It is liberally construed in order to promote

JUST, SPEEDY and INEXPENSIVE

disposition of the case.

CRIMINAL PROCEDURE

A procedural steps through criminal

cases found in Rule 110-127 of the

Revised Rules on Criminal Procedure

and the 1987 Constitution of the

Philippines.

DISTICTION

CRIMINAL LAW— substantive. It

defines crimes, treats of their nature

and provides for their punishment.

CRIMINAL PROCEDURE—remedial

law. Provides method by which a

person accused of a crime is arrested,

tried and punished.

CRIMINAL ACTION

It is one by which the State

prosecutes a person for AN ACT or

OMISSION punishable by law.

INSTITUTION OF CRIMINAL OFFENSE

OFFENSES FOR PRELIMINARY

INVESTIGATION: file the complaint with

the proper officer for the purpose of

conducting PI.

ALL OTHER OFFENSES: file the

complaint or information directly with the

Municipal Trial Courts and Municipal

Circuit Trial Courts or the Office of the

Prosecutor.

COMPLAINT OR INFORMATION

The complaint or information shall be in

writing, in the name of the People of the

Philippines and against all persons who

appear to be responsible for the offense

involved.

COMPLAINT/INFORMATION DEFINED

COMPLAINT—It is a sworn statement

charging a person with the offense,

subscribed by the offended party, any

peace officer, or other public officer charged

with the enforcement of the law.

INFORMATION—an accusation in writing

charging a person with an offense

subscribed by the prosecutor and filed with

the court.

SYSTEM OF CRIMINAL PROCEDURE

1. INQUISITORIAL— legal system

where courts or part of the court is

actively involved in investigating the

facts of the case.

Judges tend to be free to make

decisions on a case-to-case basis.

SYSTEM OF CRIMINAL PROCEDURE

2. ACCUSATORIAL/ADVERSARIAL— where

the role of the court is primarily that of an

imperial referee between the prosecution and

the defense.

Previous decisions made by higher courts

forms a precedent which will bind the lower

courts.

INSTITUTION OF CRIMINAL ACTION

INTERRUPTS PRESCRIPTIVE PERIOD

GENERAL RULE: the filing of the

complaint for an offense which carries the

penalty of at least 4 years, 2 months and 1

day without regard to a fine, with the office

of the proper officer authorized to conduct

preliminary investigation interrupts the

prescriptive period of the offense charge.

INSTITUTION OF CRIMINAL ACTION

INTERRUPTS PRESCRIPTIVE PERIOD

EXCEPTION: when a special laws provide

otherwise. Act No. 3323 governs the

prescriptive periods of violations of special

laws, or offenses other than those penalized

under the Revised Penal Code.

Filing of a criminal complaint with the Office

of the Ombudsman also interrupts the

prescription of period of crimes.

CRIMINAL PROSECUTION MAY NOT

BE RESTRAINED

GENERAL RULE: Injunction will not be granted to

restrain criminal prosecution applies with more

reason when the case is still at the preliminary

investigation stage.

May not be restrained through a preliminary or final

injunction or a writ of prohibition, except the case falls

under the exception of the case.

Courts cannot interfere with the discretion of the

prosecutor or the Ombudsman to determine the

specificity and adequacy of the averments of the

offense charge.

INJUNCTION TO RESTRAIN CRIMINAL

PROSECUTION

EXCEPTION to the general rule: (prosecution

may issue in the following instances)

1. Where the injunction is justified by the necessity

to afford protection to the constitutional rights of

the accused;

2. When necessary for the orderly administration

of justice or to avoid oppression or multiplicity of

action;

INJUNCTION TO RESTRAIN CRIMINAL

PROSECUTION

3. When there is a prejudicial question which is

sub judice ( “under judgment” or question of law);

4. When the acts of the officer are without or in

excess of authority;

5. Where the prosecution is under an invalid law,

ordinance, or regulation;

6. When double jeopardy is apparent;

INJUNCTION TO RESTRAIN CRIMINAL

PROSECUTION

7. Where the court has no jurisdiction over the offense;

8. Where it is a case of persecution rather than prosecution;

9. Where the charges are manifestly false and motivated by

the lust of vengeance;

10. Where there is clearly no prima facie case against the

accused and motion to quash on that ground had been

denied;

11. Preliminary injunction has been issued by the Supreme

Court to prevent the threatened unlawful arrest of

petitioners.

WHO MUST PROSECUTE THE

CRIMINAL ACTIONS?

ALL criminal action commenced by a complaint

or information shall be prosecuted under the

direction and control of the prosecutor.

IN CASE OF HEAVY OR LACK OR PUBLIC

PROSECUTOR, the private prosecutor may be

authorized in writing by the Chief of the

Prosecution Office or the Regional State

Prosecution to prosecute the case SUBJECT to

the approval of the court.

WHO MUST PROSECUTE THE

CRIMINAL ACTIONS?

PRIVATE prosecutor once

authorized, shall continue to

prosecute the case up to the end

even in the absence of the public

prosecutor UNLESS authority is

revoked or otherwise withdrawn.

WHO MUST PROSECUTE THE

CRIMINAL ACTIONS?

Offenses of abduction, seduction, and, acts of

lasciviousness —shall not be prosecuted

except upon a complaint filed by the offended

party or her parents, grandparents or

guardian.

If the offended party dies or become

incapacitated before she can file a complaint

and has no parents, grandparents or

guardian, the STATE shall initiate in her

behalf.

WHO MUST PROSECUTE THE

CRIMINAL ACTIONS?

Offended party is a MINOR—has the right to

initiate the prosecution of the offense

independently of her parents, grandparents,

or guardian UNLESS she is incompetent or

incapable of doing so.

The parent, grandparents, or guardian is an

exclusive of all persons and shall be exercise

successively.

SUFFICIENCY OF COMPLAINT OR

INFORMATION

It must state:

1. The name of the accused;

2. The designation of the offense given by the

statute;

3. The acts or omission complained of as constituting

the offense;

4. The name of the offended party;

5. The approximate date of the commission of the

offense;

6. The place where the offense was committed

CAUSE OF ACCUSATION

The acts or omissions complained of

as constituting the offense and the

qualifying and aggravating

circumstances must be stated in

ordinary and concise language not

necessarily in the language used in

the statute for the court to pronounce

judgment.

DUPLICITY OF AN OFFENSE

A complaint or information must

charge only one offense EXCEPT

when the law prescribes a single

punishment for a various offenses.

PROSECUTOR’S 2 FOLD

TASKPROSECUTOR HAS THE CONTROL OF PROSECUTION

1. To prove that the crime has been committed

2. That the accused is the person responsible

therefor.

It must be able to overcome the constitutional

presumption of innocence with evidence

beyond reasonable doubt to justify the

conviction of the accused.

PROSECUTOR HAS THE CONTROL

OF PROSECUTION

The state is the offended party of a criminal

case.

It must be prosecuted under the control and

guidance of the State through the government

prosecutor.

Acquittal and dismissal: when the private

complainant intends to question the judgment,

APPEAL will be represented by the SOLICITOR

GENERAL only.

SOLICITOR GENERALIn APPEALED cases, only the Solicitor General

may bring or defend action on behalf of the People

once such action is brought to the Court of

Appeals or to the Supreme Court.

As the official in control of criminal cases before

the appellate courts, he may abandon or

discontinue the prosecution case in the exercise of

his sound discretion.

May even recommend acquittal of an accused

when he believes the evidence does not warrant

conviction.

CRIMES WHICH CANNOT BE

PROSECUTED “DE OFFICIO”

Art. 344-Prosecution of crimes of adultery,

concubinage, and acts of lasciviousness (rape is

already a crime against person)

Adultery and concubinage shall not be

prosecuted EXCEPT upon a complaint filed by

the offended spouse.

Offended party cannot institute criminal

prosecution without including BOTH guilty

parties.

JURISDICTION DEFINED

Derived from the 2 latin words “juris"and

“dico”(I speak by the law).

It is the authority to hear and determine a

cause of action. (Herrera vs Barreto)

It is the right that put the wheel of justice in

motion and to proceed to the final

determination of the cause upon the pleadings

and evidence. (PP vs Mariano, supra)

CRIMINAL JURISDICTION

is the authority of the court to hear and try

a particular offense and to impose the

punishment provided by law.

2 inquiries:

1. Has jurisdiction over the offense by virtueof the imposable penalty and its nature,

2. Filed within the territorial jurisdiction.

2 INQUIRIES OF JURISDICTION

1. Once jurisdiction is acquitted by the court in

which the information is filed, it is there

retained regardless of whether the evidence

proves a lesser offense than that charged in

the information.

GENERAL RULE: Jurisdiction of a court is

determined by the law at the time at the time

of the institution of the action.

EXCEPTION TO THE GENERAL RULE

Where the statute expressly provides,

or is construed that it is intended to

operate to actions pending before its

enactment, which the court where the

criminal actions pending is ousted of

jurisdiction and pending action will have

to be transferred to other court.

JURISDICTION

2. Venue-or the place where the case is to be

tried, which is jurisdictional in criminal cases.

Venue of criminal cases is essential element

of jurisdiction, which requires the action

instituted and tried in the municipality or

territory where the offense has been

committed or the essential ingredients took

place.

JURISDICTION IS DETERMINED

In criminal cases, the complaint or information must

be examined to determined the allegations and not

by the findings of the court may make after the trial.

EXAMPLE:

The prosecution of Kidnapping with murder

alleged that took place in Dapitan City but the

evidence showed that the victim was killed in

Ozamis City, the court of Dapitan City where the

information was filed has the jurisdiction over the

case.

ESTOPPEL AND LACHES TO DENY

JURISDICTION

GENERAL RULE: “Question of

jurisdiction may be raised at any stage of

the proceedings.”

EXCEPTION: Question may not be

raised for the first time in the on appeal,

where there has been estoppel and

laches on the party who raised the

question.

ESTOPPEL AND LACHES TO DENY

JURISDICTION

Adverse party failed at several stages of the

proceedings to raised it ONLY after the Court of

Appeals had rendered an adverse decision for

lack of jurisdiction.

Where the accused had pursued vigorously the

case in the lower court, on the supposition that it

had jurisdiction, and had asked it rendered

judgment of acquittal, he cannot later on

rightfully claim that the court lacked jurisdiction.

TYPES OF JURISDICTION

1. JURISDICTION OVER THE SUBJECT

MATTER—meant the nature of the cause

of action and of the relief sought, and this

is conferred by the sovereign authority

which organizes the court and is to be

sought specially conferred.

• Conferred by law not of the parties.

TYPES OF JURISDICTION

2. JURISDICTION OVER THE

TERRITORY— criminal cases is

jurisdictional. (Regpala vs Tubod)

• Hence, criminal action shall be instituted and

tried in the court of the municipality or

province wherein the offense was committed

or where any of its essential ingredients took

place (Sec. 15, Rule 110)

TYPES OF JURISDICTION

• One cannot be held to answer for any

crime EXCEPT in the jurisdiction where it

was committed. (Hernandez vs Albano/ PP

vs Mercado)—the purpose not to compel

defendant to move and appear in court

different from that province it was

committed as it would cause great

inconvenience. (Beltran vs Ramos)

TYPES OF JURISDICTION

3. JURISDICTION OVER CONTINUING

CRIMES—there should be plurality of the acts

performed separately during the period of tie,

unity of penal provision infringed upon or

violated, and the unity of the intent or purpose

which means that the two or more violations of

the same penal provision are united in one at

the same intent leading to the perpetrator of

the same criminal purpose or aim. (PP vs

Zapata and Bondoc)

TYPES OF JURISDICTION

TERRITORY OFFENSE

May be tried in any jurisdiction in which he is

found, based upon the ground that there is a new

commission of the same offense in the jurisdiction

where he is found.

The court where the case was first filed acquires

jurisdiction over the same to the exclusion of all

other courts, provided it has first acquired

jurisdiction over his person. Grafton vs US)

TERRITORIAL JURISDICTIONDETERMINED:

By allegations in the information as to the

situs of the crime and this determines in the

first instance, whether the court has

jurisdiction to try the case. (Colmenares vs

Villa)

EVEN if the court subsequently dismisses the

action upon proof that the offense was

committed outside its territory, all

proceedings prior thereto are valid. (PP vs

Galano)

TERITORIAL JURISDICTION

EXCEPTION:

a. Where the offense was committed under the

exceptional circumstances provided for in Article 2 of

the RPC—shall be enforced not only within the

Philippine Archipelago including its atmosphere, its

interior waters and maritime zone but also outside of

its jurisdiction against those who:

1. Commit an offense while on a Philippine ship or

warship.

TERRITORIAL JURISDICTION

2. Forge or counterfeit any coin or currency note of

the Philippine island or obligations and securities

issued by the government of the Philippine

islands.

3. Should be liable for act connected with the

introduction to island…

4. Public officer or employees —commit an offense

in exercise of their function.

5. Commit any of the crime against national

security and law of nation.

TERRITORIAL JURISDICTION

EXCEPTION:

b. Piracy

c. Crimes committed on railroad, train,aircraft, or any other public or privatevehicle while in the course of its trip (anyman.or territory where it passes includingthe departure and arrival)

d. Committed on board of a vessel in thecourse of its voyage

COURT JURISDICTION

ON

CRIMINAL CASES

SUPREME COURT JURISDICTION

SUMMARY

1. ORIGINAL JURISDICTION over cases involving ambassadors, other public

ministers, and consuls; petitions for certiorari, prohibition, mandamus quo warrants

and habeas corpus (concurrent with RTC)

2. REVIEW, REVISE, MODIFY,OR AFFIRM ON APPEAL OR CERTIORARI, FINAL

JUDGMENTS OF LOWER COURTS in cases which the constitutionality or validity

of any treaty, international or executive agreement, law, decree, proclamation,

order, instruction, ordinance or regulation is in question

3. Cases involving the legality of any tax, impost, assessment, or tool, or penalty

imposed thereto :

A. Cases involving jurisdiction of lower courts

B. All criminal cases in which the penalty is reclusion perpetual or higher

C. All cases in which only an error or question of law is involved.

CA JURISDICTION SUMMARY

1. ORIGINAL JURISDICTION to issue writs of

mandamus, prohibition, certiorari, habeas

corpus, and quo warrants, and auxiliary writs or

processes, whether or not in aid of its appellate

jurisdiction (concurrent with the SC and RTCs)

2. EXCLUSIVE ORIGINAL JURISDICTION over

actions for annulment of judgment of RTCs.

CA JURISDICTION SUMMARY

3. EXCLUSIVE APPELLATE JURISDICTION

over all final judgments, decisions,

resolutions, orders, or awards of RTCs and

quasi-judicial agencies, bodies or

commissions.

EXCEPT those that fall within the appellate

jurisdiction of the SC namely: COMELEC,

Commission on Audit, Sandiganbayan.

REGIONAL TRIAL COURT

JURISDICTION SUMMARY

1. EXCLUSIVE ORIGINAL—CRIMINAL CASES:

All criminal cases not within the exclusive jurisdiction

of any court, tribunal, or body EXCEPT those within

the jurisdiction of the Sandiganbayan.

2. Cases where the penalty is imposable (exceeds

4years, 2 months and 1 day)

3. Imprisonment, irrespective of fine (exceeds of

P4000, if only a fine is imposable)

REGIONAL TRIAL COURT

JURISDICTION SUMMARY

MANZANO VS VALERA—libel is punishable by

prison correctional in its minimum and medium

periods. R.A. 7691 places jurisdiction over

criminal cases where the penalty is 6 years or

less with the MTCs. However, Art. 360 of the

RTC gives jurisdiction over libel cases to the

RTC. Special law (RPC) must prevail over

general laws (R.A. 7691). Also from the

provisions of R.A. 7691, there is no manifest

intent to repeal or alter the jurisdiction in libel

cases.

REGIONAL TRIAL COURT

JURISDICTION SUMMARY

2. ORIGINAL JURISDICTION:

A. Issuance of writs of certiorari, prohibition, mandamus, quo

warranto, habeas corpus, and injunction which may be enforced in

any part of their respective “regions" (concurrent with SC and CA)

B. In actions affecting ambassadors and other public ministers and

consuls ( concurrent with SC)

C. Over offenses committed NOT in relation with public office with

imprisonment exceeding 6 years committed by public officers

classified as salary grade 27 higher.

D. Over election contests for municipal offices.

REGIONAL TRIAL COURT

JURISDICTION SUMMARY

3. APPELLATE JURISDICTION:

A. All cases decided by lower courts (MTCs)

in their respective territorial jurisdictions.

NOTE: no trial de vono, cases are decided

on the basis of decision and supporting

affidavits.

FAMILY COURT (R.A. 8369)

JURISDICTION SUMMARY

EXCLUSIVE ORIGINAL JURISDICTION:

1. One or more accused is below 18 years of age but not less

than 9 years of age;

2. One or more victims is a minor at the time of the commission

of the offense.

PROVIDED, that the minor is found guilty, the court shall

promulgate sentence and ascertain any civil liability which the

accused may have incurred. The sentence however shall be

suspended without the need of application pursuant to the

“Child and Youth Welfare Act”.

FAMILY COURT (R.A.8369)

JURISDICTION SUMMARY

2. Cases against minor cognizable under

the Dangerous Drug Act, as amended;

3. Violation of R.A. No. 7610, otherwise

known as “Special Protection of Children

Against Child Abuse, Exploitation and

Discrimination Act”, as amended by R.A.

7658 and;

FAMILY COURT (R.A.8369)

JURISDICTION SUMMARY

CASES OF DOMESTIC VIOLENCE AGAINST:

A. WOMEN

à Acts of gender based violence that results, or

are likely to result in physical, sexual or

psychological harm or suffering to women; and

other forms of physical abuse such as battering

or threats and coercion which violate a woman's

personhood, integrity and freedom of movement;

AND

FAMILY COURT (R.A.8369)

JURISDICTION SUMMARY

B. CHILDREN

à Includes the commission of all

forms of abuse, neglect, cruelty,

exploitation, violence, and

discrimination and all other conditions

prejudicial to their development.

FAMILY COURT (R.A.8369)

JURISDICTION SUMMARY

If an act constitutes a criminal offense, the accused

shall be subject to criminal proceedings and the

corresponding penalties.

If any question involving any of the above matters

should arise as an incident in any case pending in

the regular courts, said incident shall be determined

in that court.

Decisions and orders of the court shall be appealed

in the same manner and subject to the same

conditions as appeals from the ordinary Regional

Trial Courts.

MUNICIPAL TRIAL COURT

JURISDICTION

Violations of city or municipal ordinances.

All offenses punishable with not more than 4

years 2 months 1 day imprisonment,

irrespective of fine.

All offenses punishable by only a fine of not

more than P4,000.

Offenses involving damage to property

through criminal negligence.

SANDIGANBAYAN JURISDICTION

SUMMARY

Exclusive original jurisdiction

of offenses committed in

relation to public office.

COURT MARTIAL JURISDICTION

Offenses committed by the

members of the Armed Forces of

the Philippines and other persons

subject to military law, if such

offense are “service connected”are

those expressly enumerated in

R.A. No. 7055 otherwise falls in

regular courts.

SUMMARY PROCEDURE

MTC

Violation of traffic laws, rules, regulations

Violation of rental laws

Violations of city or municipality ordinances

All other criminal cases where the penalty does notexceed 6 months or a fine of P1000 or both,irrespective of other imposable penalties or of theamount of civil liability

Damage to property through criminal negligencewhere the fine does not exceed P10,000.

THANK YOU FOR READING

CHELDHAYE