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NOTES ON CRIMINAL PROCEDURE Preliminary Considerations

CRIMINAL PROCEDURE A generic term to describe the network of laws and rules which governs the procedural inquisitorial system. The court relies largely on the evidence presented by both sides in order to reach a verdict.

administration of justice
Lays down the processes by which an offender is made to answer for the violation of criminal laws. Rules on criminal procedure, being part of the Rules of in Court, order shall to be REQUIREMENTS OF DUE PROCESS IN A CRIMINAL PROCEEDING Pthe court/tribunal is properly clothed with judicial power to hear and determine the matter before it; PHTHE ADVERSARIAL two OR ACCUSATORIAL Hcontending which hears parties them REQUISITES FOR THE EXERCISE OF CRIMINAL JURISDICTION NTQ. Differentiate adversarial system from inquisitorial system. A. In inquisitorial system, the court PJurisdiction over the nature or the court SYSTEM Contemplates before jurisdiction is lawfully acquired over the person of the accused the accused is given opportunity to be heard judgment is rendered only upon lawful hearing

P2H2

liberally
their

construed

promote

objective of securing a just, speedy and inexpensive disposition of every action and proceeding.

impartially and renders judgment only after

trial.
This is the system which the Philippine courts follow. Two sided-structure: Prosecution Defense

NTP

subject matter; Jurisdiction over the territory; and Jurisdiction over the person of the accused. JURISDICTION OVER THE NATURE OR SUBJECT MATTER The power to hear and determine cases of the general class to which the proceedings in question belongs. Conferred by law therefore cannot be fixed by the will of the parties or by mere administrative policy of any trial court.

plays a very active role and is not limited to the evidence presented before it. The court may utilize evidence gathered outside the court and a judge or a group of judges actively participates in the gathering of facts and evidence. In adversarial system, the counsels have a more active role than in the

NOTES ON CRIMINAL PROCEDURE Preliminary Considerations


JURISDICTION OVER THE PERSON OF THE ACCUSED Acquired either: Upon his arrest or apprehension, with or without warrant; or His court Q. Did the court acquire jurisdiction over an accused who posted a bail where the warrant of arrest issued was subsequently found to be null and void? A. Yes. The giving or posting of a bail by the accused is tantamount to submission of his person to the jurisdiction of the court. The defendant waived all his rights to object by appearing and giving a bond. voluntary submission or appearance to the jurisdiction of the MTC, MCTC and MeTC

CRIMINAL JURISDICTION OF COURTS

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