PRELIMINARY CHAPTER What is criminal procedure?

Criminal procedure is the method prescribed by law for the apprehension and prosecution of
persons accused of any criminal offenseand for their punishment, in case of conviction.

What is criminal procedure concerned with?

Criminal procedure is concerned with the procedural steps through which the criminal case
passes, commencing with the initialinvestigation of a crime and concluding with the
unconditional release of the offender. It is a generic term used to describe thenetwork of laws
and rules which govern the procedural administration of criminal justice.

What are the sources of criminal procedure?

1.Spanish Law of Criminal Procedure
2.General Order No. 58, dated April 23 1900
3.Amendatory acts passed by the Philippine Commission
4.The various quasi acts, the Philippine Bill of 1902, the Jones Law of 1916, the Tydings-
McDuffie Law, and the Constitution of the Philippines
5.The Rule of Court of 1940, and the 1964, 1985, and 1988 Rules on Criminal Procedure
6.Various Republic Acts (RA 240, Judiciary Act, RA 8249 creating the Sandiganbayan, Speedy
Trial Act)
7.Presidential Decrees
8.1987 Constitution, particularly Art. III Bill of Rights
9.Civil Code (Art. 32, 33, 34)
10.Certain judicial decisions
11.RA 8393 The Speedy Trial Act
12.Circulars
13.The Revised Rules on Criminal Procedure (Dec 1, 2000)

What are the three systems of criminal procedure?

1.Inquisitorial – the detection and prosecution of offenders are not left to the initiative of private
parties but to the officialsand agents of the law. Resort is made to secret inquiry to discover the
culprit, and violence and torture are often employedto extract confessions. The judge is not
limited to the evidence brought before him but could proceed with his own inquirywhich was not
confrontative.

2.Accusatorial – The accusation is exercised by every citizen or by a member of the group to

which the injured party belongs.As the action is a combat between the parties, the supposed
offender has the right to be confronted by his accuser. Thebattle in the form of a public trial is
judged by a magistrate who renders a verdict.
The essence of the accusatorialsystem is the right to be presumed innocent.
To defeat this presumption, the prosecution must establish proof of guiltbeyond reasonable
doubt (moral certainty).
3.Mixed – This is a combination of the inquisitorial and accusatorial systems. The examination
of defendants and otherpersons before the filing of the complaint or information is inquisitorial.
The judicial set-up in the Philippines is
accusatorial or adversary in nature. It contemplates two contending parties beforethe court,
which hears them impartially and renders judgment only after trial.

Distinguish between criminal law and criminal procedure.

Criminal law is substantive; it defines crimes, treats of their nature, and provides for their
punishment. Criminal procedure, on theother hand, is remedial or procedural; it provides for the
method by which a person accused of a crime is arrested, tried andpunished. Criminal law
declares what acts are punishable, while criminal procedure provides how the act is to be
punished.

How are the rules of criminal procedure construed?

The rules of criminal procedure shall be liberally construed in favor of the accused and strictly
against the state to even the odds infavor of the accused against whom the entire machinery of
the state is mobilized.

What is jurisdiction?
Jurisdiction (in general) is the power or authority given by the law to a court or tribunal to hear
and determine certain controversies.It is the power of courts to hear and determine a
controversy involving rights which are demandable and enforceable.

Distinguish jurisdiction from venue.

Venue is defined as the particular country or geographical area in which a court with jurisdiction
may hear and determine a case. Itmeans the place of trial. On the other hand, jurisdiction is the
power of the court to decide the case on the merits. Venue is thusprocedural, while jurisdiction
is substantive. In civil cases, venue may be waived or stipulated by the parties. On the other
hand, jurisdiction is granted by law or the Constitution and cannot be waived or stipulated.

What is criminal jurisdiction?

Criminal jurisdiction is the authority to hear and try a particular offense and impose the
punishment for it.

What are the elements of jurisdiction in criminal cases?

1.The nature of the offense and/or the penalty attached thereto
2.The fact that the offense has been committed within the territorial jurisdiction of the court.

What are the requisites for a valid exercise of criminal jurisdiction?

1.Jurisdiction over the person
2.Jurisdiction over the territory
3.Jurisdiction over the subject matter
What is jurisdiction over the subject matter?
It is the power to hear and determine cases of the general class to which the proceedings in
question belong and is conferred by thesovereign authority which organizes the court and
defines its powers.

Which law determines the jurisdiction of the court – the law in force at the time of the
commission of the offense orthe one in force as of the time when the action is filed?

Jurisdiction is determined by the law as of the time when the action is filed, not when the
offense was committed. The exception tothis rule is where jurisdiction is dependent on the
nature of the position of the accused at the time of the commission of the offense.In this case,
jurisdiction is determined by the law in force at the time of the commission of the offense.

What is adherence of jurisdiction?

The principle of Adherence of Jurisdiction means that once jurisdiction is vested in the court, it is
retained up to the end of thelitigation. It remains with the court until the case is finally
terminated. The exception to this is wherea subsequent statute changing the jurisdiction of a
court is given retroactive effect, it can divest a court of jurisdiction over casesalready pending
before it before the effectivity of the statute.

A was charged with an offense whose penalty was below 6 years. The case was filed with the
MTC. After trial, theMTC convicted him of an offense with a higher penalty. A questioned the
conviction, claiming that the MTC had no jurisdiction over the offense since the penalty
prescribed for it was higher than 6 years. Is A correct?

A is wrong. Jurisdiction over the subject matter is determined by the authority of the court to
impose the penalty imposable giventhe allegation in the information. It is not determined by the
penalty that may be meted out to the offender after trial but to theextent of the penalty which the
law imposes for the crime charged in the complaint.

If during the proceedings, the court finds that it has no jurisdiction, how should it proceed?

Where the court has no jurisdiction, lower courts should simply dismiss the case. On the other
hand, the Supreme Court and theCourt of Appeals may refer the case to the court of proper
jurisdiction.

What is the jurisdiction of Municipal Trial Courts in criminal cases?

1.Exclusive original jurisdiction over all
violations of city or municipal ordinances
committed within their respectiveterritorial jurisdiction;
2.Exclusive original jurisdiction
over all offenses punishable with imprisonment not exceeding 6 years
regardless of the fine and other accessory penalties and civil liability
3.Offenses involving
damage to property through criminal negligence
4.Where the only penalty provided by law is a fine: exclusive original jurisdiction over offenses
punishable with a
fine notexceeding P4,000
5.Election offenses:
Failure to register or failure to vote
6.Special Jurisdiction to hear and decide petitions for a writ of habeas corpus or application for
bail in the province or citywhere the RTC judge is absent
7.BP 22 (?)

What is the jurisdiction of Regional Trial Courts in criminal cases?

1. Exclusive original jurisdiction in all criminal cases not within the exclusive jurisdiction of
any court, tribunal or body, exceptthose falling under the exclusive and concurrent
jurisdiction of the Sandiganbayan – All criminal cases where the penalty ishigher than 6
years, including government-related cases wherein the accused is not one of those
falling under the jurisdiction of the Sandiganbayan.

2. Other laws which specifically lodge jurisdiction in the RTC:a.Law on written defamation
or libelb.Decree on Intellectual Property