0% found this document useful (0 votes)
26 views7 pages

Criminal Procedure

The document discusses the salient features of the Rules of Criminal Procedure in the Philippines, specifically Rules 110 to 126, which establish the framework for criminal cases and ensure fairness and efficiency in justice. Key rules include the prosecution of offenses, rights of the accused, procedures for arrest and bail, and the processes for trial, judgment, and appeal. Overall, these rules aim to protect the rights of individuals while maintaining accountability within the justice system.

Uploaded by

Ruther Bianan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
26 views7 pages

Criminal Procedure

The document discusses the salient features of the Rules of Criminal Procedure in the Philippines, specifically Rules 110 to 126, which establish the framework for criminal cases and ensure fairness and efficiency in justice. Key rules include the prosecution of offenses, rights of the accused, procedures for arrest and bail, and the processes for trial, judgment, and appeal. Overall, these rules aim to protect the rights of individuals while maintaining accountability within the justice system.

Uploaded by

Ruther Bianan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Title: Salient Features of Criminal Procedure:

Rules 110 to 126

Introduction Good day, everyone. Today, I will

discuss the salient features of the Rules of Criminal

Procedure, specifically Rules 110 to 126. These rules

govern the procedural framework for criminal cases in the

Philippines. They ensure fairness and efficiency in the

administration of justice. Let’s explore these rules and

their importance in safeguarding the rights of both the

accused and the state.

Body

Rule 110: Prosecution of Offenses

Rule 110 outlines how criminal actions are

initiated. It states that all criminal actions must be

prosecuted in the name of the People of the Philippines

and must be initiated by filing a complaint or

information. A complaint is filed by the offended party,

while information is prepared by the prosecutor. The rule

emphasizes that the venue must be the court with

territorial jurisdiction over the offense.

The designation of the offense and the statement

of acts constituting the offense must be clear. This

ensures that the accused understands the charges against

them, a vital aspect of due process.

Rule 111: Prosecution of Civil Action This rule

addresses the interplay between criminal and civil


actions. It provides that a civil action for damages

arising from a crime is deemed instituted with the

criminal action, unless expressly waived or reserved.

This rule prevents multiple proceedings and promotes

judicial efficiency.

Rule 112: Preliminary Investigation Preliminary

investigation determines whether there is sufficient

ground to engender a well-founded belief that a crime has

been committed and that the respondent is probably

guilty. This rule protects individuals from unwarranted

prosecution and ensures that cases with merit proceed to

trial.

The rights of the respondent during the

investigation, such as the right to examine evidence and

submit counter-affidavits, are highlighted to prevent

abuse of authority.

Rule 113: Arrest Rule 113 governs the procedures

for lawful arrest, with or without a warrant. Arrest

without a warrant is permissible only under specific

circumstances, such as when the person is caught in the

act of committing a crime.

The rule emphasizes the necessity of informing

the person arrested of the reason for their arrest and

their rights, including the right to remain silent and to

counsel.
Rule 114: Bail This rule provides for the right

of the accused to bail, except in cases where evidence of

guilt is strong and the offense is punishable by

reclusion perpetua or death. Bail ensures that the

accused can prepare their defense without unnecessary

detention.

Rule 115: Rights of the Accused Rule 115

enumerates the rights of the accused, including the right

to be presumed innocent, the right to a speedy trial, and

the right to be informed of the charges. These rights are

fundamental to ensuring a fair trial.

Rule 116: Arraignment and Plea

Arraignment is a critical stage in a criminal case where

the accused is formally informed of the charges against

them in a language they understand. During this process,

the accused enters a plea—either "guilty," "not guilty,"

or, in some cases, "no contest." This ensures the accused

is aware of the accusations and has the opportunity to

respond. The arraignment must occur without unnecessary

delay, safeguarding the accused's right to a fair trial.

Rule 117: Motion to Quash

A motion to quash is a legal tool that allows the accused

to challenge the validity of the complaint or information

filed against them. Grounds for this motion include lack

of jurisdiction, improper venue, or failure to charge an


offense. If the court grants the motion, the case may be

dismissed or require refiling with corrections. This rule

ensures that only valid cases proceed to trial.

Rule 118: Pre-Trial

The pre-trial stage is designed to streamline the trial

process by resolving preliminary issues. During pre-

trial, parties may agree on stipulations of fact,

identify issues for trial, mark evidence, and explore

plea bargaining. This step reduces unnecessary delays,

focuses the trial on contested matters, and promotes

judicial efficiency/

Rule 119: Trial

The trial is the heart of the criminal process, where the

prosecution and defense present their evidence and

arguments. Witnesses are examined and cross-examined, and

the court evaluates the evidence. Rule 119 emphasizes the

principle of a speedy trial, ensuring justice is

delivered promptly while respecting the rights of both

the accused and the state.

Rule 120: Judgment

Judgment is the court’s formal decision on the guilt or

innocence of the accused. It must be based solely on the

evidence presented during the trial. A judgment must

clearly state the findings, the applicable law, and the


penalty or acquittal. This rule ensures transparency and

accountability in the court’s decision-making process.

Rule 121: New Trial or Reconsideration

This rule provides remedies for addressing errors

or newly discovered evidence after judgment. A new trial

may be granted if errors prejudiced the accused or if new

evidence could potentially alter the verdict.

Reconsideration allows the court to review its judgment

for possible corrections. These remedies uphold fairness

and prevent miscarriages of justice.

Rule 122: Appeal

Rule 122 allows parties to seek a higher court’s review

of the trial court’s decision. Appeals are typically

based on questions of law or substantial procedural

errors. This rule ensures that errors at the trial level

can be corrected, maintaining the integrity of the

justice system.

Rule 123: Procedure in the Municipal Trial Courts

(MTCs)

Rule 123 provides guidelines for the conduct of

criminal cases in Municipal Trial Courts. These courts

handle less serious offenses, such as violations of city

or municipal ordinances and minor criminal cases. The

rule emphasizes simplified procedures to expedite the

resolution of cases, ensuring accessibility and


efficiency in the administration of justice at the local

level.

Rule 124: Procedure in the Court of Appeals

Rule 124 governs the handling of criminal cases elevated

to the Court of Appeals. It outlines the procedures for

filing appeals from Regional Trial Courts. The Court of

Appeals reviews the case based on the records and briefs

submitted, focusing on errors of law or fact. This rule

ensures a thorough and fair review of decisions to

maintain judicial integrity.

Rule 125: Procedure in the Supreme Court

Rule 125 applies to criminal cases brought before the

Supreme Court, which is the final arbiter of legal

disputes. The rule details the process for filing

petitions for review on certiorari, which are limited to

questions of law. The Supreme Court's role under this

rule is to ensure that lower courts’ decisions comply

with the Constitution and applicable laws, safeguarding

justice at the highest level.

Last part:

The Rules of Criminal Procedure, particularly Rules 110

to 126, form the backbone of the criminal justice system.

They ensure that justice is administered fairly,


protecting the rights of both the accused and the state.

By understanding these rules, we appreciate the balance

they strike between accountability and safeguarding

individual freedoms.

Thank you for watching, and I hope this discussion has

provided valuable insights into the salient features of

the Rules of Criminal Procedure. If you have any

questions or need further clarification, feel free to

reach out. Have a great day!

KANING REFERENCE IPAKITA NI SYA SA LAST PART SA VIDEO LIKE


“REFERENCE: Rules of Court - Criminal Proceedure”

You might also like