Criminal Procedure by: Baltazar, RC
COLEGIO DE SAN LORENZO
College of Criminology
CRIMINAL
PROCEDURE
(Modular Approach)
Prepared by:
Renjomar C Baltazar, JD
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Criminal Procedure by: Baltazar, RC
Course Code : CLJ 206
Description : Criminal Procedure
Module 1/Lesson 1
Criminal Procedure: Its Definition and Theories
INTRODUCTION
Good Day readers!!
Hi there... The author is hoping that you are all fine, in spite of the challenges we are facing in
each of our lives. But of course, you will not take criminology course if you do not have an
inherent trait of being courageous, resiliency and stoical personality. Isn’t it right??
That is why, to help you in achieving your dream of becoming registered, if not topnotcher,
criminologist, the author prepared this module as your guide, without purporting to be an
exhaustive materials on criminal procedure.
While this module is primarily prepared for criminology students, this may even helpful for board
reviewee in passing their criminology board examinations.
Though it is undeniable that some may find other Criminal Law and Jurisprudence subjects
more interesting that this particular topic, this work is a sincere and humble attempt to presents
procedural principles in a manner that would better understand by the readers and they may be
able to be familiarized with common source of questions in criminology board examinations.
Thus, help them gain confidence and be a critical-thinker for whatever questions they might
encounter requiring the application of the criminal procedure, whether it be for board purposes
or in real life situation as they become a law enforces/frontliners in the near future.
In this way, just enjoy learning in a New Normal approach, and believe that every new beginning
provides new opportunities and greater chance of success.
Student Learning Objectives:
Before we proceed to the formal lesson, we have to think first of what we expect
to learn from this lesson. We have to set some parameters as to what we aim to
achieve after finishing this lesson.
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At the end of this lesson you must be able to:
1. Know and understand the concept, nature and system of criminal procedure.
2. Differentiate Venue from Jurisdiction in criminal procedure; and
3. Discuss the various types of jurisdiction of courts.
Are the learning objectives listed above clear to you? Remember them as we go proceed in our
lesson, for they will serve as your guide in better understanding this course. I know that you are
already excited to know more about this course but before we start with the contents proper, just
a few reminders, please read with understanding for it is the key towards improving your
knowledge. If there are word/s that you do not clearly understand consult the dictionary or do
not hesitate to ask questions or send it to our google classroom, group chat or messenger or to
my email. Further, at the end of this lesson there are varieties of activities that you have to
accomplish and to be submitted to our google classroom or in any other means or medium as
directed or allowed following the appropriate directions and rubrics that may be applicable.
Learning Content:
Now let us start exploring on what Criminal Procedure is!
CRIMINAL PROCEDURE, DEFINED - The method prescribed by law for the apprehension and
prosecution of persons accused of any criminal offense and for their punishment in case of
conviction. Found in the Revised Rules of Court. Consist of Rules 110 to Rules 127.
Historical Background:
January 1, 1964
January 1, 1985
October 1, 1988
December 1, 2000
CREATOR OF THE RULES ON CRIMINAL PROCEDURE - Supreme Court, as embodied in
Article 8, Section 5, paragraph 5 of the 1987 Philippine Constitution.
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SOURCES OF CRIMINAL PROCEDURE
1. The Rules of Court (Rules 110-127);
2. BP 129;
3. Presidential Decrees;
4. Executive Orders;
5. Supreme Court decisions and resolutions.
CRIMINAL LAW DISTINGUISHED FROM CRIMINAL PROCEDURE - Criminal law is
substantive while criminal procedure is remedial or procedural. In commonsensical sense, the
former answers the question, “What” acts are punishable? While, the latter answers the
question, “How” the act is punished?
THREE (3) SYSTEMS OF CRIMINAL PROCEDURE
1. INQUISITORIAL SYSTEM
a. The prosecution of crimes is wholly in the hands of the court;
b. The procedure is characterized by secrecy;
c. The presence of the accused before the court is not required.
2. ACCUSATORIAL SYSTEM
a. Requires all crimes to be prosecuted by the public prosecutor;
b. Trial is publicly conducted;
c. Accused has the right to be present at any stage of the proceedings;
d. Accused is presumed innocent.
3. MIXED SYSTEM
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a. A mixture of the features of the two mentioned system.
CONSTRUCTION OF THE RULES ON CRIMINAL PROCEDURE:
LIBERAL CONSTRUCTION - The Rules of Court shall be liberally construed in order to
promote their objective of securing a just, speedy and inexpensive disposition of every action
and proceeding.
JURISDICTION, DEFINED - The word jurisdiction is derived from the Latin term juris and dico,
which means “I speak by the law.” Our supreme court has defined jurisdiction as the power
given by the law to a court or tribunal to hear, and determine controversies. It is the authority of
a court to hear and determine a cause.
CLASSIFICATION OF JURISDICTION
1. GENERAL JURISDICTION - The power of the courts to adjudicate all controversies except
those withheld from it.
2. SPECIAL OR LIMITED JURISDICTION - One which restricts the court’s jurisdiction only to
particular cases.
3. ORIGINAL JURISDICTION - The power of the court to take cognizance of a case for the first
time.
4. APPELLATE JURISDICTION - The power of a court higher in rank to re-examine the final
order or judgment of a lower court.
5. EXCLUSIVE JURISDICTION - The power to adjudicate a case to the exclusion of all other
courts.
6. CONCURRENT, COORDINATE OR CONFLUENT JURISDICTION - The power conferred
upon different courts to take cognizance of the same case.
7. DELEGATED JURISDICTION - The authority to hear and determine cadastral and
registration cases.
THREE (3) REQUISITES OF CRIMINAL JURISDICTION
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Criminal Procedure by: Baltazar, RC
1. Jurisdiction over the person of the accused1;
2. Jurisdiction over the subject matter;
3. Jurisdiction over the territory.
CRIMINAL JURISDICTION OF THE DIFFERENT COURTS IN THE PHILIPPINES
A. METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS AND MUNICIPAL
CIRCUIT COURTS
1. Exclusive original jurisdiction over all violations of city or municipal ordinances committed
within their respective territorial jurisdiction;
2. Exclusive original jurisdiction over all offenses punishable with imprisonment not exceeding
six (6) years irrespective of the amount of the fine, and regardless of other imposable accessory
or other penalties. They shall also have exclusive original jurisdiction jurisdiction in offenses
involving damage to property through criminal negligence.
B. REGIONAL TRIAL COURTS
1. Exclusive original jurisdiction in all criminal cases not within the exclusive jurisdiction of any
court, tribunal or body, except those falling under the exclusive and concurrent jurisdiction of the
Sandiganbayan.2
2. Appellate jurisdiction over all cases decided by MTC, MET, and MCTC in their respective
territorial jurisdiction.
C. FAMILY COURTS:
1. Exclusive original jurisdiction over criminal cases where one or more of the accused is below
eighteen years of age, or where one or more of the victim is a minor at the time of the
commission of the offense.
D. COURT OF APPEALS:
1
A court may acquire jurisdiction over the person of the accused in the following: 1. upon his arrest with or without warrant; and or 2.
by voluntary submission of the accused either by posting bail, filing a motion to quash, or appearing at the arraignment.
2
Therefore, all criminal cases wherein the penalty provided by the law is higher than six years are cognizable by the RTC.
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1. Exclusive appellate jurisdiction over the annulment of judgments of Regional Trial Courts;
and
2. Exclusive original jurisdiction over all final judgments, decisions, resolutions, orders or
awards of RTC, boards or commissions etc.
E. SANDIGANBAYAN
1. Exclusive original jurisdiction in all cases involving violations of RA 3019 3, RA 13794 and Title
VII Book Two of the revised Penal Code, where one or more of the accused are officials
occupying the following positions in the government whether in permanent, acting or interim
capacity, at the time of the commission of the offense:
a. Officials of the executive branch occupying the position of regional director and higher
otherwise classified as grade 27 and higher, of the Compensation and Position Classification
Act of 1989 (RA 6758)
F. SUPREME COURT:
1. It has the power to review and revise modify or affirm all criminal cases in which the
penalty is reclusion perpetua or higher.
JURISDICTION DISTINGUISHED FROM VENUE
VENUE is the particular geographical area, in which a court with jurisdiction may hear and
determine a case. It is simply the place of trial. While, CRIMINAL JURISDICTION is the power
of a tribunal to hear and try an offense and impose the appropriate punishment.
JURISDICTION DISTINGUISHED FROM EXERCISED OF JURISDICTION
The authority to decide a case and not the decision rendered therein is what make up
jurisdiction. Where there is jurisdiction, the decision of all questions arising in the case is but an
exercise of jurisdiction.
3
Anti Graft and Corrupt Practices Act
4
Act Declaring Forfeiture of Ill Gotten Wealth of Public Officers and Employees
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ERROR OF JUDGMENT DISTINGUISH FROM ERROR OF JURISDICTION
An error of judgment is one, which the court may commit in the exercise of its jurisdiction. An
error of jurisdiction renders an order or judgment void or void able. Errors of jurisdiction are
reviewable by certiorari; errors of judgment only by appeal.
Assignment Sheet No. 1
Activity # 1
Type your answer on a short bond paper size, using Arial with font size 12, 1.5
spacing and align text using justified format. To be submitted in our google classroom
or
my messenger or gmail or facebook group.
The following rubrics will be the basis in scoring your essay answer with 5 points percentage:
WRITING ACTIVITY/ESSAY
CATEGORY 4-5 3 2 0-1
Information Information Information Information
clearly clearly clearly has little or
Quality of relates to the relates to relates to nothing to do
Information main topic. It the main the main with the
includes topic. It topic. No main topic.
several provides 1-2 details
supporting supporting and/or
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Criminal Procedure by: Baltazar, RC
details details examples
and/or and/or are given.
examples. examples.
No Almost no A few Many
grammatical, grammatical grammatica grammatical,
Mechanics spelling or , spelling or l spelling, spelling, or
punctuation punctuation or punctuation
errors. errors punctuation errors.
errors.
All Most Paragraphs Paragraphin
paragraphs paragraphs included g structure
Paragraph include include related was not
Constructio introductory introductory information clear and
n sentence, sentence, but were sentences
explanations explanations typically not were not
or details, or details, constructed typically
and and well. related
concluding concluding within the
sentence. sentence. paragraphs.
Information Information Information The
is very is organized is information
Organizatio organized with well- organized, appears to
n with well- constructed but be
constructed paragraphs. paragraphs disorganized
paragraphs are not . 8)
and well-
subheadings constructed
. .
1. TRUE or FALSE. Criminal procedure is a law? Why? (5 pts.)
2. Discuss the three (3) system of criminal procedure, and which system is being followed
in the Philippines? (5pts each)
3. Compare and Contrast the following terms:: (5 pts. Each)
a. original jurisdiction and appellate jurisdiction
b. exclusive jurisdiction and concurrent jurisdiction
c. general jurisdiction and limited jurisdiction
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Criminal Procedure by: Baltazar, RC
Activity #2
Multiple Choices: Circle the letter of your chosen answer. This should be
accomplished in 20 minutes.
1. It is defined as a method fixed for the apprehension and prosecution of person alleged to
have committed a crime.
a. Criminal procedureb. Criminal jurisprudence c. rules of court d. rules of procedure
2. It refers to the authority or power to hear and decided cases.
a. Jurisdiction b. Jurisprudence c. Venue d. territory
3. The word jurisdiction was derived from the latin word _____ and _____ which means I speak
by the law?
a. Juris and prudence b. Juris and dico c. Legis and dico d. Jurist and dictum
4. It refers to the geographical division or territorial limit where the power of the court is
exercised and which is jurisdictional in criminal case.
a. Venue b. Jurisprudence c. jurisdiction d. court
5. It is the authority to hear or try a case for the first instance.
a. Original jurisdiction c. concurrent jurisdiction
b. Exclusive jurisdiction d. appellate jurisdiction
6. It is the sole authority to hear cases to the exclusion of the others.
a. Original jurisdiction c. concurrent jurisdiction
b. Exclusive jurisdiction d. appellate jurisdiction
7. It is the system of criminal procedure which is characterized by secrecy of investigation and
the option of the defense and prosecution to appeal.
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a. Inquisatorial b. Mixed c. accusatorial d. fixed
8. It is that system of criminal procedure which is conducted either at the initiative of the public
prosecutor or the offended party and the right to appeal are limited to the defense.
a. Inquisatorial b. Mixed c. accusatorial d. fixed
9. The law expanding the jurisdiction of the MTC, MTCC, MCTC.
a. R.A. 7691 b. R.A. 8493 c. BP 129 d. R.A. 1379
10. In criminal cases, what determine the jurisdiction of court. EXCEPT:
a. Extent of penalty b. Person accused c. territory d. subject matter
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References and Suggested Readings
The Revised Rules On Criminal Procedure By: Dean Willard B. Riano
Obligations and Contracts By: Dean Ernesto L. Pineda
The Revised Rules On Criminal Procedure By: Manuel R. Pamaran
Revised Rules On Criminal Procedure
Supreme Court Reports Annotated: Central Bookstore
Criminal Procedure Annotated By: Oscar B. Bernardino
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