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Criminal Procedure Learning Module

This document provides an overview of the learning module in criminal procedure. It begins by stating the objectives of the lesson which are to define criminal procedure, distinguish substantive and procedural law, and explain criminal procedure systems. It then defines criminal procedure as the network of laws governing procedural justice. Criminal law defines crimes while criminal procedure establishes the processes for prosecution. The goal of criminal procedure is to balance law enforcement with citizens' rights. The document briefly outlines the adversarial and inquisitorial systems and provides reading and bibliography references to supplement learning.

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Angela Tecson
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145 views3 pages

Criminal Procedure Learning Module

This document provides an overview of the learning module in criminal procedure. It begins by stating the objectives of the lesson which are to define criminal procedure, distinguish substantive and procedural law, and explain criminal procedure systems. It then defines criminal procedure as the network of laws governing procedural justice. Criminal law defines crimes while criminal procedure establishes the processes for prosecution. The goal of criminal procedure is to balance law enforcement with citizens' rights. The document briefly outlines the adversarial and inquisitorial systems and provides reading and bibliography references to supplement learning.

Uploaded by

Angela Tecson
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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  • Introduction and Objectives: Introduces the learning module on criminal procedure, outlining key objectives and providing an introductory overview of criminal procedure and adversarial systems.
  • Schema of Criminal Litigation: Visual representation of the criminal litigation process, differentiating between crimes that require preliminary investigation and those that do not.

LEARNING MODULE IN CRIMINAL PROCEDURE

Module No. 1
Instructor: Atty. Joel Purog, Jr., RCrim., J.D.
First Semester
Academic Year 2023-2024

Objective/s: After this lesson, the student will be able to:

1. Define and explain the concept Criminal Procedure;


2. Distinguish the substantive law and procedural law; and
3. Explain the systems of Criminal Procedure.
Introduction
In studying Criminal Procedure, most of the professors discussed the rules in its chronological order as in the Rules of
Court (Rule 110-127). However, there are few, like Dean Williard Riano and Prof. Toni Bautista who explain the subject
systematically by rearranging the rules in a step-by-step criminal litigation module. Such approach will be adopted in our class as
it is more effective and comprehensive. It will give you with the technical-know-how of the application of each rule in criminal
litigation.

Definition, Nature and Concept of Criminal Procedure

As starter, let us first define Criminal Procedure. Criminal Procedure is a “generic term to describe the network of laws
and rules which governs the procedural administration of justice” (Black’s Law Dictionary). It treats the rules and processes by
which criminal laws are enforced and by which the State prosecutes persons who violate such laws.

The Criminal Law defines crime, treats of its nature and provides for their punishment. Criminal Law is a substantive
law as it creates rights upon the offended party. Criminal Procedure is the procedure aspects of Criminal Law which laid down the
procedure in enforcing and prosecuting the criminal offender. Procedural law, as applied to criminal law, provides or regulates the
steps by which one who committed a crime is to be punished. Criminal procedure lays down the processes by which an offender
is made to answer for the crime he committed. In other words, criminal law and criminal procedure are inseparable at some point—
Criminal Law is the body and Criminal Procedure is the soul which gives life to the body. The ultimate goal of Criminal
Procedure is to harmonize the governmental functions of maintaining peace and order and protecting the constitutional rights of
its citizens. Rules on criminal procedure shall be “liberally construed in order to promote their objective of securing a just, speedy,
and inexpensive disposition of every action and proceeding.” (Sec 6, Rule 1, ROC) Rules of procedure are tools to facilitate
attainment or justice, thus rigid application which result to technicalities tending to frustrate substantial justice must be avoided.

Adversarial/Accusatorial and Inquisitorial System

Adversarial system – it contemplates two contending parties before the Court which hears them impartially and renders
judgment after trial. Inquisitorial – the court plays a very active role and is not limited to the evidence presented before it. The
court may utilize the evidence gather outside the court and the judge under this system actively participates in the gathering of
evidence which has not been formally offered.

CRIMPRO-ATTY.PUROG
Schema of Criminal Litigation

CRIMPRO-ATTY.PUROG
Suggested Reading:

Riano, Williard. Criminal Procedure; The Bar Lecture Series (2012), p.43-54.

Bibliography:

Bautista, Antonio. Basic Criminal Procedure (2007), Rex Book Store, Quezon City

Riano, Williard. Criminal Procedure; The Bar Lecture Series (2012) Rex Book Store, Quezon City
Gito, Gener. 2022 Bar Lecture Notes in Criminal Procedure.

CRIMPRO-ATTY.PUROG

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