Criminal Procedure Reviewer

Definition of Terms

Affidavit of Desistance - the complainant states that he did not

really intend to institute the case and that he is no longer
interested in testifying or prosecuting.
Related: Full Reference Material in Criminal Procedure
Appeal - A proceeding for review by which the whole case is
transferred on the higher court.
Appellant - The party appealing
Appellee - The party adverse to the appellant.
Arraignment - It means for bringing the accused into court and
informing him of the nature and cause of the accusation against him.
Arrest - taking a person into custody in order that he may be bound
to answer for the commission of some offense, made by an actual
restraint of the person or by his submission to custody.
Attachment - It is a remedy afforded to the offended party to have
the property of the accused attached as security for the satisfaction
of any judgment that may be recovered from the accused.
Bail - security given for the release of a person in custody of law,
furnished by him or a bondsman, conditioned upon his appearance before
any court as required.
Bail Bond - an obligation under seal given by accused with one or
more sureties and made payable to proper officer with the condition
to be void upon performance by the accused of such acts as he may
legally be required to perform.

Brief - It literally means a short or condensed statement. The purpose

of the brief is to present to the court in concise form the points
and questions in controversy, and by fair argument on the facts and
law of the case, to assist the court in arriving at a just and
proper conclusion.
Capital Offense - It is an offense which, under the law existing at
the time of its commission and of the application for admission to
bail may be punished with death.
Certiorari - is used to correct only errors of jurisdiction and not
errors of judgment of an inferior court.
Confrontation - It is the act of setting a witness face to face with
the accused so that the latter may make any objection he has to the
witness, and the witness may identify the accused, and this must take
place in the presence of the court having jurisdiction to permit the
privilege of cross examination.
Counsel De Officio - He is counsel appointed by the court to represent
and defend the accused in case he cannot afford to employ one himself.
Complaint - sworn written statement charging a person with an offense,
subscribed by the offended party, any peace officer or other public
official charged with the enforcement of the law violated.
Continuous Trial System - Trial once commenced shall continue from
day to day as far as practicable until terminated; but it may be
postponed for a reasonable period of time for good cause.
Criminal Action - It is an action by which the State prosecutes a
person for an act or omission punishable by law.
Criminal Jurisdiction - It is the authority to hear and try a
particular offense and impose the punishment for it.
Criminal Procedure - 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.

Custodial Investigation - Involves any questioning initiated by law

enforcement officers after a person has been taken into custody or
otherwise deprived of his freedom of action in any significant way.
Demurrer To Evidence - It is an objection by one of the parties in
an action, to the effect that the evidence which his adversary produced
is insufficient in point of law, whether true or not, to make out a
case or sustain the issue.
Deposition - It is the testimony of a witness taken upon oral
questions or written interrogatories, in open court, but in pursuance
of a commission to take testimony issued by a court, or under a general
law or court rule on the subject, and reduced to writing and duly
authenticated, and intended to be used in preparation and upon the
trial of a civil or criminal prosecution.
Duplicity of the Offense - A complaint or information must charge
only one offense, except when the law prescribes a single
punishment for various offenses.
Error of Judgment - One which the court may commit in the exercise of
its jurisdiction.
Equipose Rule - where the evidence of the parties in a criminal case
are evenly balanced, the constitutional presumption of innocence should
tilt in favor of the accused who must be acquitted.
General Warrant - It is a process which authorizes the search and
seizure of things, in a general manner. It does not specify or
describe with particularity the things to be searched and seized.
This kind of warrant is VOID as it infringes on the constitutional
mandate requiring particular description of the things to be seized.
Habeas Corpus - is available when a person is imprisoned beyond the
maximum penalty imposed by law.
Hearing - It is not confined to trial but embraces the several stages
of litigation, including the pre-trial stage.
Improvident Plea - It is a plea without information as to all the
circumstances affecting it; based upon a mistaken assumption or

misleading information or advice.

Information - accusation in writing charging a person with an offense,
subscribed by the fiscal and filed with the court.
Judgment - adjudication by the court that the accused is guilty or not
guilty of the offense charged, and the imposition of the proper penalty
and civil liability provided by law on the accused.
Mittimus - It is a process issued by the court after conviction to
carry out the final judgment.
Motion To Quash - a hypothetical admission that even if all the facts
alleged were true, the accused still cannot be convicted due to other
reasons.
New Trial - The rehearing of a case already decided but before the
judgment of conviction therein rendered has become final, whereby
errors of law or irregularities are expunged from the record or new
evidence is introduced or both steps are taken.
Nolle Prosequi - is a dismissal of the criminal case by the government
before the accused is placed on trial and before he is called to plead,
with the approval of the court in the exercise of its judicial discretion.
Oath - Includes any form of attestation by which a party signifies that
he is bound in conscience to perform an act faithfully and truthfully.
Parole - the conditional release of an offender from a penal or
correctional institution after he has served the minimum period of his
prison sentence under the continued custody of the state and under
conditions that permit his reincarceration if he violated the conditions
of his release.
Plea Bargaining - process whereby the accused and the prosecution in
a criminal case work out a mutually satisfactory disposition of the
case subject to court approval. It usually involves the defendant's
pleading guilty to a lesser offense or to only some of the counts of
a multi-count indictment in return for a lighter sentence than that
for the greater charge.

Prejudicial Question - It is one which arises in a case, the

resolution of which is a logical antecedent of the issue involved
therein and the cognizance of which pertains to another tribunal.
Preliminary Investigation - inquiry or proceeding to determine if
there is sufficient ground to engender a well-founded belief that a
crime cognizable by the RTC has been committed, and that the respondent
is probably guilty thereof, and should be held for trial.
Pre-Trial Order - It is an order issued by the court reciting the
actions taken, the facts stipulated and the evidence marked
during the pre-trial conference. Such order binds the parties and
limits the trial to those matters not disposed of.
Probable Cause - such facts and circumstances which would lead a
reasonably prudent man to believe that a crime has been committed and
the thing to be searched for and seized is in the place to be searched.
- Such reasons, supported by facts and circumstances,
as will warrant a cautious man in the belief that his action, and the
means taken in prosecuting it, are legally just and proper
Probable Cause For A Search - It is defined as such facts and
circumstances which would lead a reasonably discreet and prudent man
to believe that an offense has been committed and that the objects
sought in connection with the offense are in the place sought to
be searched.
Probable Cause In General - Such facts and circumstances antecedent
to the issuance of the warrant, that are in themselves sufficient to
induce a cautious man to believe that the person against whom the
search warrant is applied had committed or is about to commit a crime.
Probation - disposition under which a defendant after conviction and
sentences, is released subject to conditions imposed by the court and
to the supervision of a probation officer.
Property Bond - It is an undertaking constituted as a lien on the real
property given as security for the amount of the bail.
Provisional Remedy - It is one provided for present need or one that is
adopted to meet a particular exigency.

Reasonable Doubt - state of the case which, after full consideration

of all the evidence, leaves the mind of the judge in such a condition
that he cannot say that he feels an abiding conviction, to a moral
certainty, of the truth of the charge.
Recantation - A Witness who previously gave a testimony subsequently
declares that his statements were not true.
Recognizance - Obligation of record entered into before some court
of magistrate duly authorized to take it, with the condition to do
some particular act, the most usual condition in criminal cases being
the appearance of the accused for trial.
Reduced Bail - A person in custody for a period to or more than the
minimum of the principal penalty prescribed for the offense charged,
without application of the Indeterminate Sentence Law or any modifying
circumstance, shall be released on a reduced bail or on his own
recognizance at the discretion of the court.
Reverse Trial - When the accused admits the act or omission charged in
the complaint/information but interposes a lawful defense, the trial
court may allow the accused to present his defense first and thereafter
give the prosecution the opportunity to present his rebuttal evidence.
Scatter Shot Warrant - It is a warrant that is issued for more than
one offense. It is void, since the law requires that a warrant should
only be issued in connection with one specific offense.
Search - It is an examination of a mans house, buildings or other
premises, or of his person, with a view to the discovery of some
evidence of guilt to be used in the prosecution of a criminal action
for some offense with which he is charged.
Searching Questions and Answers - Such questions as have the tendency
to show the commission of a crime and perpetrator thereof.
Search Warrant - an order in writing issued in the name of the People
of the Philippines, signed by a judge and directed to a peace officer,
commanding him to search for personal property described therein and
bring it before the court.

Seizure - It is the physical taking of a thing into custody;

contemplates a forcible disposition of the owner.
State Witness - One of two or more persons jointly charged with the
commission of a crime but who is discharged with his consent as such
accused so that he may be a witness for the state.
Stop and Frisk - A limited protective search of outer clothing for weapon.
Transactional Immunity - witness can no longer be prosecuted for any
offense whatsoever arising out of the act or transaction.
Trial - It is the examination before a competent tribunal according
to the laws of the land, of the facts put in issue in a case for the
purpose of determining such issue.
Trial in Absentia - accused in case of his non-appearance After
Arraignment despite due notice simply means that he thereby waives
his right to meet the witnesses face to face, among others.
Use and Derivative Use Immunity - witness is only assured that his
or her particular testimony and evidence derived from it will not be
used against him or her in a subsequent prosecution.

PRELIMINARY CHAPTER
WHAT IS THE CLASSIFICATION OF LAWS ACCORDING TO
APPLICATION?
Public and private law
Public law: laws that define the relationship between the State
and the individual (e.g Constitution, Revised Penal Code)
Private law: laws that define the relationship between individuals
(e.g Civil Code, Commercial laws)
WHAT IS THE CLASSIFICATION OF LAWS ACCORDING TO ITS
NATURE?
Substantive and procedural law
Substantive law is the law that creates, defines and regulates
Procedural law defines the method or proceedings in the
enforcement of the rights and duties defined in substantive law
SUBSTANTIVE LAW:
1. Creates
2. Defines
3. Regulates
WHAT IS CRIMINAL PROCEDURE?

 Criminal procedure 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
As applied to criminal law, procedural law provides or regulates
the steps by which one who has committed a crime is to be
punished
MEMORY AID: CRIMINAL PROCEDURE IS THE
1. METHOD prescribed by law
2. For the APPREHENSION AND PROSECUTION of
3. Persons ACCUSED OF ANY CRIMINAL OFFENSE and
4. For their PUNISHMENT, in case conviction
WHAT IS CRIMINAL PROCEDURE CONCERNED WITH?
Procedural steps through which the criminal case passes
commencing with the investigation of a crime and concluding with
the unconditional release of the offender
Generic term to describe the network of laws and rules which
govern the procedural administration of criminal justice
WHAT ARE THE SOURCES OF CRIMINAL PROSECUTION?
1. Spanish law on criminal procedure
2. General Order No. 58, dated April 23, 1900
3. Amendatory acts passed by the Philippines Commission
4. The quasi-acts, the Philippine Bill of 1902, the Jones law of 1916,
Tydings-McDuffie Law, and the Constitution of the Philippines
5. The Rules of Court of 1940, and the 1964, 1985, and 1988 Rules
on Criminal Procedure
6. Various Republic Acts: RA 240; New Rule 127, providing for
attachment; RA 296, Judiciary Act of 1948 defining criminal
jurisdiction; BP 129, as amended by RA 7691; RA 8249 creating
the Sandiganbayan; RA 8349: Speedy Trial Act of 1998
7. Presidential decrees
8. Article 3: Bill of Rights of 1987 Constitution
9. Civil Code, in particular Articles 32, 33, and 34
10. Certain judicial decisions
11. Circulars
12. The Revised Rules on Criminal Procedure
WHAT ARE THE THREE SYSTEMS OF CRIMINAL PROCEDURE?
1. THE INQUISITORIAL SYSTEM
2. THE ACCUSATORIAL SYSTEM
3. THE MIXED SYSTEM
INQUISITORIAL SYSTEM
Detection and prosecution of offenders are NOT LEFT IN THE INITIATIVE OF PRIVATE PARTIES but to the officials
and agents of the law
Resort is to SECRET INQUIRY to discover the culprit, and violence and torture are often employed to extract
confessions
Judge not limited to evidence brought before him but could proceed with his own inquiry which is not
confrontational
Characterized by secrecypublic doesnt know of the proceedings
ACCUSATORIAL SYSTEM
Every citizen or member of the group to which the injured party belongs may bring the accusation against a
person suspected as the offender
Action supposed to be a combat between the parties---the supposed offender has the right to be confronted by
his accuser
Battle takes form of a public trial and is judged by a magistrate who renders a verdict
The essence of this system is the right to be presumed innocent to defeat this presumption, the prosecution
must establish proof of guilt beyond reasonable doubt or moral certainty

Judicial setup in the Philippines is accusatorial in nature

Characterized by being public
MIXED SYSTEM
Combination of the inquisitorial and accusatorial systems

CRIMINAL LAW CRIMINAL PROCEDURE

Essentially substantivedefines
crimes, treats of their nature, and
provides for their punishment
Remedial or proceduralmethod by
which a person accused of a crime
is arrested, tried and punished
What acts are punishable How the act is punished
HOW ARE THE RULES OF CRIMINAL PROCEDURE CONSTRUED?
Liberally construed in favor of the accused
Strictly construed against the State
WHY SHOULD THE RULES OF CRIMINAL PROCEDURE BE
CONSTRUED LIBERALLY IN FAVOR OF THE ACCUSED?
The purpose is to even the odds between the accused and the
machineries of the State
MAY THE RULES OF CRIMINAL PROCEDURE BE GIVEN
RETROACTIVE EFFECT?
It is a general rule that rules of procedure may be given
retroactive effect as far as it benefits the accused
WHAT IS JURISDICTION?
Power or authority given by the law to a court or tribunal to hear
and determine certain controversies
Power of courts to hear and determine a controversy involving
rights which are demandable and enforceable
VENUE JURISDICTION
Particular country or geographical
area in which a court with
jurisdiction may hear or determine
a case
Power of the court to decide a case

on the merits
Place of trial
Procedural
Substantive
In civil cases, may be waived or
stipulated by the parties
Granted by law or by the constitution
and cannot be waived or stipulated
IN CRIMINAL CASES, IS VENUE AND JURISDICTION ONE AND THE
SAME?
Yes, it should be filed where the crime is committed.
This is different from civil cases, wherein venue and jurisdiction are different with
one another
CRIMINAL JURISDICTION
Authority to hear and try a particular offense and impose the punishment for it
ELEMENTS OF CRIMINAL JURISDICTION
1. Nature of the offense and the penalty attached thereto
2. 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?
Power to hear and decide cases of the general class to which the proceedings in
question belong and is conferred by the sovereign authority which organizes the
court and defines its powers
WHAT ARE THE ELEMENTS OF JURISDICTION OVER SUBJECT MATTER?
1. Nature of the offense

2. Authority of the court to impose the penalty imposable given the allegation in the
information
3. Territorial jurisdiction of the court imposing the penalty
WHICH LAW DETERMINES THE JURISDICTION OF THE COURTTHE
LAW IN FORCE AT THE TIME OF THE COMMISSION OF THE OFFENSE
OR THE ONE IN FORCE AS OF THE TIME WHEN THE ACTION IS
FILED?
General rule: the law as of the time when the action is filed, and not when the
offense was committed
Exception to the rule: where jurisdiction is dependent on thenature of the
position of the accused at the time of the

commission of the offensein this case, jurisdiction is determined

by the law in force at the time of the commission of the offense
WHY IS THE APPLICABLE LAW THE LAW IN FORCE AT THE TIME
WHEN THE ACTION IS FILED?
Since otherwise, it would amount to an ex post facto law if the law
is given retroactive effect and it is not beneficial to the accused.
WHAT IS ADHERENCE OF JURISDICTION?
Once jurisdiction is vested in the court, it is retained up to the end
of the litigation
Remains with the court until the case is finally terminated
Exception to the rule: when a newly enacted statute changing the
jurisdiction of a court is given retroactive effect. It can divest a
court of jurisdiction over cases already pending before it is which
were filed before the statute came to force or became effective.
WHAT IS THE MOST IMPORTANT PRINCIPLE ON JURISDICTION?
Jurisdiction is conferred by law
This means that it cannot be the subject of stipulation or waiver
HOW IS JURISDICTION DETERMINED?
It is determination of the allegations contained in the complaint or

information
SITUATION: X WAS CHARGED WITH AN OFFENSE WHOSE PENALTY
IS BELOW 6 YEARS. THE CASE WAS FILED WITH THE MTC. AFTER
TRIAL, THE MTC CONVICTED HIM OF THE CRIME WITH A HIGHER
PENALTY THAN 6 YEARS. X QUESTIONED THE CONVICTION,
CLAIMING THAT THE MTC HAS NO JURISDICTION OVER THE
OFFENSE SINCE THE PENALTY PRESCRIBED FOR IT WAS HIGHER
THAN 6 YEARS. VALID?
X is wrong
Jurisdiction over the subject matter is determined by the
AUTHORITY OF THE COURT TO IMPOSE THE PENALTY IMPOSABLE
GIVEN THE ALLEGATION IN THE INFORMATION
Not determined by the penalty that may be meted out to the
offender after trial but to the extent 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?
Lower courts should simply dismiss the case
Where the case is filed in the Supreme Court or the Court of
Appeals, these courts can refer the case to the court with proper
jurisdiction
WHAT IS THE JURISDICTION OF THE MUNICIPAL TRIAL COURTS IN
CRIMINAL CASES?
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 6 years, regardless of the fine or
other accessory penalties and civil liability
3. Offenses involving damage to property through criminal

negligence
4. In cases where the only penalty provided by law is a fine, it has
exclusive jurisdiction over offenses punishable by a fine not
exceeding P4000
5. In election offenses, cases involving failure to register or failure to
vote
6. Special jurisdiction to hear and decide petitioners for a writ of
habeas corpus or application for bail in the province or city where
the RTC judge is absent
7. Cases involving BP 22Bouncing Checks Law
WHAT IS THE JURISDICTION OF REGIONAL TRIAL COURTS IN
CRIMINAL CASES?
1. Exclusive original jurisdiction in 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
All criminal cases where the penalty is higher than 6 years,
including government-related cases wherein the accused in not
one of those falling under the jurisdiction of the Sandiganbayan is
within the jurisdiction of the RTC.
2. Other laws which specifically lodge jurisdiction in the RTC
a. Laws on written defamation or libel
b. Decree on Intellectual Property
c. Dangerous Drugs Cases except where the offenders are
below 16 years and there are Juvenile and Domestic
Relations Courts in the province