Reviewer in

Reviewer in

Criminal Procedure (2000 Rules)

This reviewer is based primarily on the lecture notes of Prof. Antonio Bautista during his Remedial Law Review class of 2nd semester, academic year 2000-2001. It likewise draws upon the outline and lecture notes of Prof. Marvic Leonen in his basic course on Criminal Procedure, Prof. Theodore Te's OLA lecture on the amendments to the Rules of Criminal Procedure, and the Summary of Salient Changes prepared by Justice Oscar M. Herrera.

The reader is strongly advised to use this reviewer with the 2000 Rules on Criminal Procedure, Revised Penal Code and 1987 Constitution in hand.

Special thanks goes out to Jun-Jun Bautista, Donna Dideles, Lei Malilong, Russel Rodriguez, Mommy Jean Manalili, Joji Florendo, Dan Adan, and everyone else who helped make this reviewer a reality.

Any comments or suggestions regarding this reviewer may be forwarded to tanyalat@yahoo.com or the UP LSG Bar Operations Committee.

REVISED RULES OF CRIMINAL PROCEDURE (2000)

Table of Contents

I. INTRODUCTIONII. RIGHTS OF THE ACCUSED

III. POLICE INVESTIGATION

IV. ARREST

Definition

A. When arrest takes placeB. Purpose

Kinds

A. With warrant

B. Without warrant

Arrest with warrant

A. Grounds for issuance of warrantB. Who may issueC. Procedure(1) MTC

(2) RTCWarrantless arrests

A. Grounds

B. Who may effect

C. How effected

(1) By peace officer

(2) By private person

Consequences of an unlawful arrest

A. Modes of attacking the validity

B. Standing to challenge

C. Time to challenge

D. Sanctions

V. SEARCH & SEIZURE

Search Warrant

A. Scope of Constitutional Restraint

B. Scope of Protection

C. Requisites of a Valid Warrant

D. Grounds for Issuance

E. Form of Search Warrant

Procedure for Issuance of a Search Warrant

A. Where

B. Examination

How Search is effected

A. Procedure

B. Time

C. Period of Validity

Warrantless Searches

Remedies

VI. PRELIMINARY INVESTIGATION

Purpose

Entitlement As Of Right

Who May Conduct

Procedure:

A. By MTC Judge

B. By Prosecutor / Ombudsman

Remedies For Lack Of / Irregular P.I.

JURISDICTION

VENUE

COMPLAINT AND INFORMATION

Definition of complaint and information

How and where instituted

Who must prosecute

Requisites of a complaint or information

Amendment of complaint or information

Effect of filing on interruption of prescriptive period

Remedies against a defective complaint or information

THE CIVIL ASPECT

BAIL

Definition and purpose

Kinds

Rules for when bail may be availed of

A. When Allowed

(1) Matter of Right

(2) Matter of Discretion

B. When not allowed

C. When not required

Conditions

Entitlement

Application

Posting

Forfeiture

ARRAIGNMENT AND PLEA

Nature and purpose of arraignment

Procedure

Plea

A. Purpose

B. Types

(1) Guilty

(2) Not Guilty

(3) Refusal to enter plea

(4) Qualified or Conditional admission

(5) Plea Bargain

Pre-Arraignment Remedies

Effects of Arraignment and Entry of Plea

Availability of Provisional Remedies

QUASHAL

Concept of quashal

Grounds for Motion to Quash

Concept of Double Jeopardy

Effect of Failure to Move to Quash

Remedies for Denial of Motion to Quash

PRE-TRIAL

Purpose and when proper

Subject matter of pre-trial conference

Requisite of pre-trial agreements

Pre-Trial Order

TRIAL

Order of Trial

Rights of the Accused at Trial

A. Against self-incrimination

B. Compulsory process

C. Discovery

D. Right to Counsel

E. Presumption of Innocence

F. Speedy Trial

Discharge of Accused

Provisional Dismissals

JUDGMENT and POST-CONVICTION REMEDIES

Judgment defined

General rules on Judgments

Form and Content

Rules in case of variance between allegation and proof

Promulgation of judgment

Modification of judgment

A. Motion for Reconsideration

B. Motion for New Trial

C. Appeal