Review on the 2000 Revised Rules on Criminal

Procedure 2002 Edition

Background
on Criminal Procedure

BACKGROUND ON CRIMINAL PROCEDURE

We will now go to Criminal Procedure proper.
Q: Define Criminal Procedure.
A: It is 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. (Clarks
Criminal Procedure, p.1)
HISTORY OF CRIMINAL PROCEDURE IN THE PHILIPPINES
Remember our criminal procedure is patterned after the U.S. law. So lets trace its
origin:
The first law on criminal procedure is General Order No. 58 promulgated on April 23,
1900 by Major General Otis of the U.S. Armed Forces. That went on up to 1940 The Old
Rules of Court. After that is the 1964 Revised Rules of Court. Next is the 1985 Rules of
Criminal Procedure which was amended 3 years later, and again amended on 1991 (on
Rule 114).
And finally the most thorough amendment which took effect last December 1, 2000
the 2000 Rules on Criminal Procedure. So that is now the present law. I hope you have the
copy. Do they have already commercial? Wala pa? Ok. Ah! That is the one prepared by the
faculty during the seminar where I talked (ehem!). Since you are using it, meron man
akong ibang kopya ba! Malakiganyan odirect from the Supreme Court [idol jud nako si
Dean!!!] and I have it book-bound.
SYSTEMS OF PHILIPPINE CRIMINAL PROCEDURE
There are generally two (2) systems of criminal procedure:
1. Inquisitorial System; and
2. Accusatorial System.
Remember in a criminal case there are three (3) parties:
1. state, through prosecutor;
2. accused; and
3. private victim.
Under the inquisitorial system, it is a government show and the accused and the
private victim is only incidental. So there is more emphasis on the governments role. The
accusatorial system on the other hand, holds a different view baliktad! The role or
participation of the State is secondary. We give more importance on the right or role of the
accused or the private victim.
Q: Which of the 2 systems is recognized in the Philippines?
A: Ours is a mixed system so, Hybrid/Mestizo [murag is Jet!] because the features of
both system are found in our law.
Q: What are some of the inquisitorial aspects of our system of criminal procedure
where the emphasis is on the governments role?
A: The following:
1.
2.

The prosecution of criminal cases is largely controlled by the public prosecutor.

Yong fiscal, siya man ang may say bahso, under the direction or control of
the fiscal or prosecutor;
Preliminary investigation is required. You cannot go to court and file it. The fiscal
will determine whether to file it or not. Now can he conduct a preliminary
investigation kung wala ang accused? Well, if you are notified, ayaw mong

Lakas Atenista
Ateneo de Davao University College of Law

13

Review on the 2000 Revised Rules on Criminal

Procedure 2002 Edition

3.

Background
on Criminal Procedure

magbigay ng counter-affidavit, then tuloy! Bahala ka dyan! Basta ang

importante ang role ng government;
In case the accused is sentenced to death, whether the accused likes it or not,
there will be a review of death sentence because that is what public interest
says.

Q: What are some of the accusatorial aspects of our system of criminal procedure
where the emphasis is on the role of the accused or the offended party?
A: The following:
1.
2.
3.

The accused is entitled to a public trial. That is not for the benefit of the
government but that of the accused;
It is the right of the accused to be present at every stage of the proceeding;
It is the right of the offended party to intervene by hiring a private prosecutor.

SPACE-FILLER #2:
RECEIVED FROM E-MAIL:
Hey people, some tough questions for you to answer:
QUESTION 1: If you knew a woman who was pregnant, who had eight (8)kids already, three who were deaf, two
who were blind, one mentally retarded and she had syphilis (S.T.D.), would you recommend that she have an
abortion?
Read the next question before scrolling down to the answer of this one.
QUESTION 2: It is time to elect a new world leader, and your vote counts. Here are the facts about the
three leading candidates:
Candidate A: Associates with crooked politicians, and consults with astrologists. He's had two
mistresses. He also chain smokes and drinks 8 to 10 martinis a day.
Candidate B: He was kicked out of office twice, sleeps until noon, used opium in college and drinks a
quart of whisky every evening.
Candidate C: He is a decorated war hero. He's a vegetarian, doesn't smoke, drinks an occasional beer
and hasn't had any extramarital affairs.
Which of these candidates would be your choice? Decide first, no peeking, then scroll down for the
answer.

1. Candidate A is Franklin D. Roosevelt

2. Candidate B is Winston Churchill
3. Candidate C is Adolph Hitler
And by the way: Answer to the abortion question. If you said yes, you just killed Beethoven.
Pretty interesting isn't it? Makes a person think before judging someone.

Lakas Atenista
Ateneo de Davao University College of Law

14

Review on the 2000 Revised Rules on Criminal

Procedure 2002 Edition

Background
on Criminal Procedure

Remember, amateurs built Noah's Ark!!! Professionals built the Titanic!!!

Lakas Atenista
Ateneo de Davao University College of Law

15