CRIMINAL PROCEDURE REVIEWER (Syllabus-Based) This may be acquired upon:

(a) His arrest or apprehension, with or without warrant

{GENERAL MATTERS}
(b) His voluntary appearance or submission to the jurisdiction of the court
PD 1606 – Complete Jurisdiction of the Courts
- The distinction between jurisdiction over the subject matter from
Jurisdiction in general - "the power to hear and determine cases of the general class jurisdiction over the person of the accused is that the former refers to the
to which the proceedings in question belong."(People v. Montilla) offense charged, and the latter refers to the person or accused himself.
Criminal Jurisdiction - (a) Subject to existing laws, the criminal action shall be
instituted and tried in the court of the municipality or territory where the offense
was committed or where any of its essential ingredients occurred. (Section 15 (a), Jurisdiction of criminal courts
Rule 110 of the Rules of Court)
1. Municipal Trial Court, Municipal Circuit Trial Court and Metropolitan Trial
Requisites for Exercise of Criminal Jurisdiction Court.
(a) Exclusive original jurisdiction over all violations of city or municipal
(1) Jurisdiction over the subject matter –Power and authority of the court to ordinances committed within their respective territories.
hear and determine a general class of cases. “Jurisdiction over the offense (b) Exclusive original jurisdiction over all offenses punishable with
charged.” imprisonment not exceeding six (6) years irrespective of the amount of
This may also refer to the class of cases to which cases belong. (Antiporda, fine.
Jr. v. Garchitorena) (c) Note that the MTC does not have jurisdiction over all offenses not
Jurisdiction over the subject matter as a general rule cannot be waived or be exceeding 6 years. This happens if jurisdiction is vested by law either in
subject to stipulation. RTC or Sandiganbayan. Like libel and bribery.
(d) Damage to property through criminal negligence.
(2) Jurisdiction over the territory – “Territorial jurisdiction” Territory where the (e) Violations of B.P. 22
court has jurisdiction to take cognizance or to try the offense allegedly (f) Summary procedures in certain cases
committed therein by the accused. (g) Special jurisdiction to decide on applications in criminal cases in the
(a) Where the crime is committed. absence of all RTC judges in province or city.
(b) Where any of its essential ingredients occurred (Sec. 15(a), Rule 110,
Rules of Court) Summary Procedure in criminal cases

(a) The following cases are subject to summary procedure: Violation of

(3) Jurisdiction over the person of the accused – Authority of the court not over
traffic laws, rules and regulations
the subject matter of the criminal litigation but over the person charged.
Violations of rental law
“Custody of law” custody over the body of the accused. (Inocentes v.
B.P. 22
People)
 Violation of municipal or city ordinances (b) Original jurisdiction in the issuance of writs of certiorari, prohibition,
Penalty of imprisonment not exceeding 6 years or a fine not exceeding mandamus, quo warranto, habeas corpus, and injunction.
P1000 (c) Appellate jurisdiction over all cases decided by the MTC within its
Damage to property through criminal negligence. (does not exceed territorial jurisdiction.
P10,000) (d) Jurisdiction over criminal cases under specific laws such as:
(b) The filing of criminal cases under this may either be by complaint or -Over criminal and civil aspects of written defamation
information that shall be accompanied by the affidavits of the -Violation of the Comprehensive Dangerous Drugs Act of 2002
complainant and his witnesses in such a number of copies as there are -Violations of intellectual property rights.
accused plus 2 for the court’s files. -All cases of money laundering (except committed by public officials and
(c) The court finds no ground to hold the accused for trial, it shall order the private persons who are in conspiracy with such public officers, shall be
dismissal of the case. under the jurisdiction of the Sandiganbayan.
(d) Before conducting the trial, the court shall call the parties to a
preliminary conference which the following may be done: 3. Sandiganbayan
-Entering into a stipulation of facts (a) PD 1606 not by the RA 3019 Anti-Graft and Corrupt Practices Act
-Considering the propriety of allowing the accused to enter a plea of (b) Violations of RA 3019 Anti-Graft and Corrupt Practices Act where one or
lesser offense. more of the accused are officials occupying the following positions in
-Taking up such other matters to clarify the issues and to ensure speedy the government, whether in permanent or interim capacity:
disposition of the case. "(1) Officials of the executive branch occupying the positions of regional
(e) If the accused refuses to stipulate or fails to do so, such refusal or failure director and higher, otherwise classified as Grade ’27’ and higher, of the
shall not prejudice the accused. Any admission of the accused made in Compensation and Position Classification Act of 1989 (Republic Act No.
the preliminary conference must be reduced in writing and signed by 6758), specifically including:
the accused.
(f) The court is mandated not to order the arrest of the accused except "(a) Provincial governors, vice-governors, members of the sangguniang
where the ground is his failure to appear when required by the court. panlalawigan, and provincial treasurers, assessors, engineers, and other
(Contempt of Court) provincial department heads:
(g) Where a trial has been conducted, the court shall promulgate the
judgment no later than 30 days after the termination of the trial. "(b) City mayors, vice-mayors, members of the sangguniang panlungsod,
city treasurers, assessors, engineers, and other city department heads;

2. Regional Trial Court "(c) Officials of the diplomatic service occupying the position of consul
(a) Exclusive original jurisdiction over all criminal cases not within the and higher;
exclusive jurisdiction of any court, tribunal or body.
 "(d) Philippine army and air force colonels, naval captains, and all (e) A salary grade of 27 or higher. However, Salary grade alone does not
officers of higher rank; determine jurisdiction of the Sandiganbayan. If the position of the
official or officer is included in the enumeration, even though the salary
"(e) Officers of the Philippine National Police while occupying the grade is lower, then that official or officer is in the jurisdiction of the of
position of provincial director and those holding the rank of senior the Sandiganbayan.
superintendent and higher;
When Injunction may be issued to restrain criminal prosecution? This applies
to either a preliminary or final injunction.
"(f) City and provincial prosecutors and their assistants, and officials and
prosecutors in the Office of the Ombudsman and special prosecutor; Under Rule 58, Injunction is an order granted at any stage of an action or
proceeding prior to the judgment or final order, requiring a party or a court,
"(g) Presidents, directors or trustees, or managers of government- agency, or a person to refrain from a particular act or acts.
owned or controlled corporations, state universities or educational
institutions or foundations. Venue in Criminal Cases is Jurisdictional
It is a fundamental rule that for a jurisdiction to be acquired by the courts in
"(2) Members of Congress and officials thereof classified as Grade ’27’ criminal cases, the offense should have been committed or any one of its
and higher under the Compensation and Position Classification Act of essential ingredients should have taken place within the territorial jurisdiction of
1989; the court.

"(3) Members of the judiciary without prejudice to the provisions of the Jurisdiction to Issue Hold Departure Orders - Circular No. 39-97 limits the
Constitution; authority to issue hold-departure orders to criminal cases within the jurisdiction
of second level courts. Paragraph No. 1 of the said circular specifically provides
"(4) Chairmen and members of the Constitutional Commissions, without that "hold-departure orders shall be issued only in criminal cases within the
prejudice to the provisions of the Constitution; and exclusive jurisdiction of the regional trial courts." (Mondejar v. Buban)

Jurisdiction to issue precautionary hold departure order – A.M. 18-07-05-SC

"(5) All other national and local officials classified as Grade ’27’ and
higher under the Compensation and Position Classification Act of 1989. Jurisdiction determined by allegations of the Complaint – Read Foz v. People,
GR No. 167764
(c) Violations of RA 1379 “An Act Declaring the Forfeiture in Favor of the Jurisdiction over criminal offenses under RA 6657 – The case regarding the just
State of Any Property Found to Have Been Unlawfully Acquired by Any compensation of the land should have been filed before the RTC, as a Special
Public Officer or Employee Agrarian Court. (LBP v. Belista)
(d) Offenses to the law on bribery in all its forms including corruption of
public officers. (Arts. 210-212)
4. Jurisdiction of the Ombudsman (g) Where the court has no jurisdiction over the offense;
Under Section 13(1), Article XI of the Constitution, the Office of the Ombudsman (h) Where it is a cause of persecution rather than prosecution;
is the investigative body tasked to “investigate on its own, or on complaint by (i) Where the charges are manifestly false and motivated by the lust for
any person, any act or omission of any public official, employee, office or agency vengeance;
when such act or omission appears to be illegal, unjust, improper, or inefficient.” (j) When there is clearly no prima facie case against the accused and a motion
to quash on that ground has been denied.
It includes the power to conduct a preliminary investigation, fact-finding
Procedure before the Ombudsman (Administrative Order No. 07)
investigation, administrative or disciplinary investigation, and prosecution.
Power of the Secretary of Justice over Prosecutors
Review of Decisions of the Ombudsman
Administrative Cases Under Section 4 of Republic Act 10071, The power vested in the Secretary of
Judgment of Finding Liability – Petition for Review under Rule 43 Justice includes authority to act directly on any matter involving national
security or a probable miscarriage of justice within the jurisdiction of the
Disciplinary cases should be taken to the CA under the provisions of Rule 43 prosecution staff, regional prosecution office, and the provincial prosecutor or
the city prosecutor and to review, reverse, revise, modify or affirm on appeal or
Acquittal, Public Censure, Reprimand, Suspension of Not More Than One
petition for review as the law or the rules of the Department of Justice (DOJ)
Month and Fine Equivalent to One Month Salary – Petition for Certiorari
may provide, final judgments and orders of the prosecutor general, regional
under Rule 65 of the CA
prosecutors, provincial prosecutors and city prosecutors.
Criminal Cases
A petition for certiorari to the Supreme Court may also be resorted when For purposes of determining the cases which may be acted on, directly by the
the finding of the existence of the probable cause of the Ombudsman is with Secretary of Justice, the phrase "national security" shall refer to crimes against
grave abuse of discretion amounting to lack or excess of jurisdiction. national security as provided under the Penal Code, Book II, Title I, and other
cases involving acts of terrorism as defined under the Human Security Act under
Exceptions are the following: Republic Act No. 9372.

(a) When necessary to afford adequate protection to the constitutional rights of Role of the Office of the Solicitor General in Criminal Cases
the accused; The authority to represent the State in the appeal in criminal cases before the
(b) When necessary for the orderly administration of justice or to avoid CA or the Supreme Court is vested in the OSG which is the law office of the
oppression or multiplicity of actions; government. (Cu v. Small Business Guarantee and Finance Corporation)
(c) When there is a prejudicial question that is subjudice;
(d) When the acts of the officer are without or in excess of authority; The Solicitor General is regarded as the appellate counsel of the People of the
(e) Where the prosecution is under n invalid law, ordinance or regulation; Philippines and should be given the opportunity to be heard on behalf of the
(f) When double jeopardy is clearly apparent; People.
 - The specific acts of the accused do not have to be described in detail, it is
If there is a dismissal of a criminal case by the trial court or if there is an enough that the offense be described with sufficient particularity to make
acquittal of the accused, it is only the OSG that may bring an appeal on the sure the accused understands what he is being charged with.
criminal aspect representing the People.
Cause of the accusation includes not only the offense itself, but also the qualifying
Liberal Interpretation of the Rules and aggravating circumstances. (Sec. 9, Rule 110, Rules of Court)

{PROSECUTION OF OFFENSES}
Duplicity of the offense presupposes that there is a joinder of distinct offenses in
Barangay Conciliation one complaint or information. This is a ground for a motion to quash (Sec. 3 Rule
117, Rules of Court) Should the information be defective because of duplicity, a.k.a
Criminal Actions ‘multifariousness’)
Effect of Filing of complaint or information with regard to prescription The general rule is that a complaint or information must charge only one offense.
Who may file crimes that cannot be prosecuted de officio The purpose of the rule is to give the accused the necessary knowledge of the
charge against him and enable him to sufficiently prepare his defense.
Control of prosecution
Exception – When the law prescribes a single punishment for various offenses as in
A complaint or information is deemed sufficient if it contains the following: complex and compound crimes treated under Art. 48 of the Revised Penal Code. (ex.
(a) The name of the accused; if more than one, all of them shall be included Murder in planting a bomb in a plane; murder and destruction of property)
(b) The designation of the offense given by the stature; Amendment or substitution of complaint or information -It is the correction of an
(c) The acts or omissions complained of as constituting the offense; error or an omission in a complaint or an information.
(d) The name of the offended party;
(e) The approximate date of the commission of the offense; and Kinds of Amendments
(f) The place where the offense was committed. (Sec. 6, Rule 110, Rules of (a) Formal
Court) i. new allegations which relate only to the range of the penalty that
the court might impose in the event of conviction;
Designation of Offense; The following rules must be observed: ii. an amendment which does not charge another offense different or
(a) The designation of the offense requires the name given to the offense by distinct from that charged in the original one;
statute shall be stated in the complaint or information. iii. additional allegations which do not alter the prosecution’s theory of
(b) To be included is an averment of the acts or omissions constituting the the case as to cause surprise to the accused and affect the form of
offense. defense he has or will assume;
(c) The complaint or information shall specify the qualifying and aggravating iv. an amendment which does not adversely affect any substantial right
circumstances of the offense. (Sec.8, Rule 110, Rules of Court) of the accused; and
 v. an amendment that merely adds specifications to eliminate {PROSECUTION OF CIVIL ACTION}
vagueness in the information and not to introduce new and material
(General Rule) Rule on implied institution of civil action with criminal action –
facts, and merely states with additional precision something which
When a criminal action is instituted, the civil action for the recovery of the civil
is already contained in the original information, and which adds
liability arising from the offense charged shall be deemed instituted with the
nothing essential for conviction for the crime charged.
criminal action. Unless, the offended party waives the civil action, reserves the right
to institute it separately or institutes the civil action prior to the criminal action.
(b) Substantial “the recital of facts constituting the offense charged and
(Heirs of Sarah Marie Burgos v. CA)
determinative of the jurisdiction of the court,”
i. Changing the original crime charged to a crime with higher (Exception) When Civil action may proceed independently.
imposable penalty by averring several additional circumstances, A single act or omission that causes damage to an offended party may give rise to
ii. Amendment to vest jurisdiction upon a court. two separate civil liabilities on the part of the offender:
(a) Civil liability ex delicto (arising from criminal offense under Art. 100 of the
When is leave of court required? RPC)
(a) The amendment downgrades the nature of the offense charged, or (b) Independent Civil Liability that may be pursued independently of the
(b) The amendment excludes any accused from the complaint or information. criminal proceedings (Art 31 and 33 of the Civil Code of the Philippines)

When is an amendment formal or substantial? When separate civil action is suspended:

How to determine whether formal or substantial (a) After the criminal action commenced, the separate civil action arising cannot
be instituted until final judgment has been entered in the criminal action.
Venue of Criminal Actions as a rule, the criminal action shall be instituted and tried
(b) If the offended party, during the pendency of the civil action, the criminal
in the court of the municipality or territory:
action is commenced, the civil action already instituted shall be suspended,
(a) Where the offense was committed, or in whatever stage of the proceedings may be found.
(b) Where any of its essential ingredients occurred. (Sec. 15, Rule 110, Rules of (c) The above rule applies only to civil actions arising from the offense charged
Court) – not to independent civil actions.

Intervention of offended party – Since the offended party suffered injury as a result Effect of death of the accused or convict on civil action
of the offense, he may intervene by counsel in the prosecution of the offense where Death after arraignment – the civil liability is extinguished because there is no more
the civil action for the recovery of the civil liability is instituted in the criminal action. defendant standing as the accused.
(Sec. 16, Rule 110, Rules of Court) However, the above rule has no application to independent civil action
mentioned in Sec. 3 Rule 111 arising from sources of obligation not the offense
charged. They may be continued against the estate or legal representative of the
accused after a proper substitution or against the estate as the case may be.
Death before arraignment – The case shall be dismissed but the dismissal shall be Extinction of Civil liability from extinction of Criminal action
without prejudice to any civil action which the offended party may file against the Civil liability:
estate of the deceased. (Sec. 4, Rule 111, Rules of Court) (a) The acquittal is based on reasonable doubt as only preponderance of
evidence is required;
On the other hand, on criminal liability - Death of the accused prior to final (b) The court declares that the liability of the accused is only civil; and
judgment or prior to final judgment as when he dies pending appeal of his (c) The civil liability of the accused does not arise from or is not based upon
conviction, extinguishes his criminal liability. (People v. Paras) the crime of which the accused is acquitted.
Criminal Liability:
Prejudicial Question (a) The prosecution failed to prove the guilt of the accused;
Reason for the principle – to avoid conflicting decisions in the civil case and in the (b) The act or omission from which the civil liability may arise did not exist;
criminal case. or
Requisites for a prejudicial question: (c) Where the accused did not commit the acts or omission imputed to him
Criminal action to be considered prejudicial.
(a) Previously instituted civil action involves an issue similar or intimately
related to the issue raised in the subsequent criminal action, and
(b) The resolution of such issue determines whether or not the criminal action
may proceed. (Sec. 7, Rule 111, Rules of Court)
Civil action to be considered prejudicial.
(a) The civil case involves facts intimately related to which the criminal
prosecution would be based;
(b) In the resolution of issue or issues raised in the civil action, the guilt or
innocence of the accused would necessarily be determined;
(c) Jurisdiction to try said question must be lodged in another tribunal.

Prejudicial Question in Marriages

Rule on filing fees in civil action deemed instituted with the criminal action
Filling fees shall be paid when damages are being claimed by the offended party.
(a) There are no filing fees required for actual damages claimed unless required
by the Rules.
(b) Filing fees shall be paid by the offended party upon the filing of the criminal
action in court where he seeks enforcement.