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In every step of the litigation process, all parties are entitled to both substantive and procedural due process;
The criminal prosecution involve the obligation of the State to prove the elements of the crime charged beyond reasonable
doubt;
That compliance with rules is not an end in itself.
Criminal offense is deemed to have been committed against the entire social order.
Information or complaint must contain:
1. Name of the accused
2. Name of the offended party
3. Designation of the offense charged
4. Cause of the commission of the offense
5. Place where the offense was committed
For the validity of the judgment, that it be filed with the court which exercises jurisdiction over the offense charged:
JURISDICTION OVER THE SUBJECT MATTER CONFERRED BY LAW;
JURISDICTION OVER ALLEGATIONS OF THE COMPLAINT OR INFORMATION- the court will have to
examine the complaint or information for the purpose of ascertaining whether or not the facts set out therein, as well
as the punishment provided for by law for such acts, fall within its jurisdiction
JURISDICTION OVER THE TERRITORY- refers to the jurisdiction over the place of the commission
JURISDICTION OVER THE PERSON OF THE ACCUSED-the accused must have validly arrested or must have
voluntarily submitted himself to the jurisdiction of that court.
The application of the substantive law principle that every person criminally liable for a felony is also civilly liable
When the criminal action is instituted, the civil action for the recovery of the civil liability arising from the offense
charged shall also be deemed instituted with the criminal action.
NOT AN ABSOLUTE RULE because the implied institution of the civil action will not apply when the offended
party waives the civil action, reserves the right to institute the same separately, or institute the civil action prior
to the criminal action.
An independent action is not deemed instituted with the offense charged even if it arises from the same act or
omission constituting the said offense. This is because an independent civil action is an entirely separate source
of liability.
Cautions that the offended party cannot recover damages twice for the same act or omission charged in the
criminal action.
COMMISSION OF A CRIME
1. Criminal litigation process presupposes the prior commission of the crime or at least the perception that a crime has been
committed;
2. Offender and victim present; victim-be natural or juridical person but it must be represented by an officer; crimes may
even be committed against public order like rebellion, sedition and even against national security like treason and
espionage;
3. Offender cannot be committed by a juridical person
INQUEST- purpose: 1. To determine the probable cause whether that person has committed an act or omission or otherwise
2. To determine the legality of the arrest
BAIL
When the information is filed, the respondent now becomes an accused.
That in those cases not subject to preliminary investigation, a complaint or information may be filed directly in court
(MTC).
By availing of the constitutional right to bail which may be given in the form of corporate surety, property bond, cash
deposit, or recognizance.
He may apply for bail before or after he is formally charged and, as a rule, the application shall be made in the court BUT
NO BAIL SHALL BE ALLOWED AFTER A JUDGMENT OF CONVICTION HAS BECOME FINAL.
If before the finality, the accused applies for probation, he may be allowed temporary liberty under his bail.
A person in custody of the law who is not yet charged in court may apply for bail with any court in the province, city, or
municipality where hi is held.
An application for or admission to bail shall not bar the accused from challenging the validity of his arrest of the legality
of the warrant issued for his arrest OR absence of a preliminary investigation of the charge against him provided that he
raises his objections before entering his plea.
Bail as matter of right- Constitutional right which cannot be ignored by the court; before or after the conviction of the
accused in the MTC; or BEFORE his conviction in the RTC provided he is charged with an offense not punishable by
death, reclusion perpetua, or life imprisonment.
Bail as matter of discretion- if he is convicted in the RTC of an offense not punishable by death, reclusion perpetua or
life imprisonment
The grant or denial of bail to a person charged with an offense punishable on whether or not the evidence of guilt is strong.
Strong evidence does not mean proof beyond reasonable doubt. The latter is required only for conviction but not for the
purpose of denying bail.
If the accused is convicted by the RTC of reclusion perpetua or life imprisonment, he is not entitled to bail because
it is obvious that evidence of his guilt is not merely strong. His guilt has actually been proven beyond reasonable
doubt.
ARRAIGNMENT
1. Arraignment is the formal mode and manner of implementing the constitutional right of an accused to be informed of the
nature and cause of the accusation against him.
2. The rule requires the presence of the accused during arraignment for him to personally enter his his plea. It is made in
open court by the judge or clerk and consists in furnshing the accused with a copy of the complaint or information, the
reading of the same in a language he understands, and asking him whether he pleads guilty or not guilty.
3. If the accused refuses to plead, a plea of not guilty shall be entered for him. The same rule shall be applied if makes a
conditional plea as when he undertakes to plead guilty on the condition that the court impose upon him only a slight
penalty.
4. Accused pleads guilty, but at the same time presents exculpatory evidence like self-defense. In such case, a guilty plea
shall not be entered for him. It shall be deemed withdrawn and a plea of not guilty shall be entered for him.
5. The accused may also enter of guilty to a lesser offense. For this kind of plea to merit the approval of the court, the lesser
offense must be one which is necessarily included in the offense charged. In addition, the plea also requires the consent of
both the offended party and the prosecutor.
6. Options aside entering plea, whether guilty or not
a) Bill of particular- if there are defects in the information or complaint which prevent him from property pleading to the
charge and preparing for trial.
b) Suspension of arraignment- justifiable reasons do exist for its suspension, as when among others, the accused appears
to be suffering from an unsound mental condition which effectively renders him unable to fully understand the charge
against him and to plead intelligently thereto.
c) Move to quash- to dismiss the complaint or information
d) Challenge the validity of his arrest, the legality of the warrant issued for his arrest, or assail the absence or regularity
of a preliminary investigation
PRE-TRIAL
1. After the arraignment of the accused and within 30 days from the date the court acquires jurisdiction over the person of the
accused, the court shall order the mandatory trial conference to consider certain matters including plea bargaining,
stipulation of facts, marking of the evidence, waiver of objections to admissibility, possible modification of the order of
the trial, and such other matters that will promote a fair and expedious trial of the trial of the criminal and civil aspects of
the case.
2. no evidence shall be admitted except those presented during pre-trial EXCEPT when allowed by the court for good cause
shown.
3. After the pre-trial conference, the court shall issue an order reciting the actions taken, the facts stipulated and evidence
marked.
4. All agreements or admissions made or entered during the pre-trial conference shall be reduced in writing and signed by the
accused and counsel; otherwise they cannot be used against the accused.
TRIAL; demurrer
1. Within 30 days from the receipt of the pre-trial order, trial shall commence. Once the trial once commenced, it 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.
2. If the accused is not brought to trial within the time limit set, the information may be dismissed on motion of the accused
on the ground of denial of his right to speedy trial. Failure to do so shall be deemed as waiver of that right.
3. When the accused admits the act or omission charged but interposes a lawful defense, the order of trial may be modified or
reversed. The accused shall be allowed to present his evidence ahead of that of the prosecution.
4. When the prosecution rests its case, and the order of trial is not modified, it is now the turn of the accused to present his
evidence to prove his defense. However, the accused may instead of presenting his evidence, choose to move to dismiss the
case by presenting a DEMURRER TO EVIDENCE on the ground of insufficiency of evidence.
DEMURRER TO EVIDENCE WITH LEAVE DEMURRER TO EVIDENCE WITHOUT
OF COURT LEAVE OF COURT
If denied; the accused may adduce evidence in his If denied; shall waive the right to present
defense evidence
JUDGMENT
1. A judgment is the adjudication by the court on the guilt or innocence of the accused and the imposition on him of the
proper penalty and civil liability, if any. REQUIRED TO BE WRITTEN IN THE OFFICIAL LANGUAGE, PERSONALLY
AND DIRECTLY PREPARED BY THE JUDGE AND SIGNED BY HIM AND SHALL CONTAIN CLEARLY AND
DISTINCTLY A STATEMENT OF THE FACTS AND LAW UPON WHICH IT IS BASED.
2. Be promulgated by reading it in the presence of the accused and any judge of the court in which it was rendered, unless it
is it a light offense, in which case the judgment may be pronounced in the presence of his counsel or representative.
3. If the accused fails to appear during the promulgation of judgment and such failure is without justifiable cause-HE
SHALL LOSE THE REMEDIES AGAINST THE JUDGMENT
4. The only way for him to regain the right to avail of such remedies is to surrender within 15 days from the promulgation of
the judgment and file a motion for leave to avail of the remedies.
POST-JUDGMENT REMEDIES
1. The period of the appeal is within 15 days from notice of the judgment or final order. After the lapse of the period for
perfecting an appeal, the judgment of conviction becomes final.
2. At any time before the judgment of conviction becomes final, the accused may move for a NEW TRIAL or
RECONSIDERATION. A motion for new trial shall be predicated upon the errors of law or irregularities during the trial and
the discovery of new or material evidence. Motion for Reconsideration may also be filed on the grounds of errors of law or fact
in the judgment.
a) When NEW TRIAL OR MR is denied- the accused is allowed to file an appeal within a fresh period of 15 days from
notice of the denial of the motion.
3. The rule on appeal
a) MTC, MTCC, MCTC----> RTC
b) RTC----> CA, SC
c) CA & Sandiganbayan----> SC
4. The appeal to RTC or to CA in cases decided by the RTC in the exercise of its original jurisdiction, shall be by notice of
appeal filed with the court which rendered the judgment or final order appealed from.
5. RTC----->CA in the exercise of its appellate jurisdiction shall be by petition for review under Rule 42
6. RTCs imposition of reclusion perpetua or life imprisonment--- appeal to CA by notice of appeal filed with RTC.
a) A review of the case by the CA is now necessary before the same is elevated to the SC.
7. When CA imposes reclusion perpetua or life imprisonment, the judgment may be appealed to SC by notice of appeal filed
with CA
8. Decisions and final orders of the Sandiganbayan----> SC by petition for review on certiorari in accordance with Rule 45 of
Rules of Court.
ENTRY OF JUDGMENT- when all remedies have been exhausted and the judgment has become final, the same shall be
entered in accordance with existing rules.
BASIC CONCEPTS
Criminal Procedure- generic term to describe the network of laws and rules which governs the procedural and
administration of justice.
Provides or regulates the steps by which one who committed a crime is to be punished.
Lays down the processes by which an offender is made to answer for the crime he committed.
CUSTODY OF THE LAW VS. JURISDICTION OVER THE PERSON OBJECTING TO THE LEGALITY OF THE
ARREST
CUSTODY OF THE LAW JURISDICTION OVER THE PERSON
Is not required for the adjudication of reliefs Requires the person charged with the offense
EXCEPT in applications for bail which requires must have been brought into its forum for trial,
that the applicant be under the custody of the law forcibly by warrant of arrest or upon his
before the application may be acted upon; voluntary submission to the court.
Literally a custody over the body of the E.g. An accused escapes custody after his trial has
accused commenced.
A. CRIMINAL JURISDICTION OF MUNICIPAL TRIAL COURT, MUNICIPAL CIRCUIT TRIAL COURT AND
METROPOLITAN TRIAL COURT (6 years and below)
-except in cases falling within the exclusive original jurisdiction of RTC and of the Sandiganbayan
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;
3. This indicates that the MTC does not at all times has jurisdiction over offenses punishable with imprisonment not
exceeding 6 years;
4. Exclusive original jurisdiction over offenses involving damage to property through criminal negligence;
5. Violations of B.P. 22 which shall be governed by the Rules on Summary Procedure in criminal cases;
6. Summary procedure in certain cases;
7. Special jurisdiction to decide the application for bail in criminal cases in the absence of all RTC judges in a province;
The Sandiganbayan shall exercise exclusive appellate jurisdiction over final judgments, resolutions, or orders of RTCs
whether in the exercisr in the exercise of their own original jurisdiction of their appellate jurisdiction as herein provided.
EXCLUSIVE ORIGINAL JURISDICTION over petitions for the issuance of the writs of mandamus, prohibition,
certiorari, habeaus corpus, injunctions and other ancillary writs and processes in aid of its appellate jurisdiction over petitions
of similar nature, including quo warranto, arising or that may arise in cases filed or which may be filed under E.O. 1,2,14, and
14-A, issued in 1986: PROVIDED, that the jurisdiction over these petitions shall not be exclusive of the SC.
NOTE:
1. E.O.s refer to orders on sequestration cases.
2. Salary grade alone does not determine jurisdiction of the Sandiganbayan
3. Offenses committed in relation to the office- the offense cannot exist without the office or the office must be a
constituent element of the crime as defined by statute.
4. When the actual allegations of the intimacy between the offense and the official duties of the accused need not
appear in the information
5. In those cases where public office is not a constituent element of the offense charged, the information has to
contain specific factual allegations showing the intimate connection between the offense charged and the public
office of the accused, and the discharge of his official duties or functions-whether improper or irregular.
6. An offense is deemed to be committed in relation to the public office of the accused when
a) Such office is an element of the crime charged or
b) When the offense charged is intimately connected with the discharge of the official functions of the accused
7. A private person may be indicted for conspiracy in violation of Anti-Graft and Corrupt Practices Act even if the
public officer, with whom he was alleged to have conspired, died prior to the filing of the information
8. Anti-Money Laundering Cases committed by public officers and private persons, who are in conspiracy with each
other-SANDIGANBAYAN JURISDICTION; same with Plunder Law
9. Forfeiture cases- R.A. 1379- any property found to have been unlawfully acquired by any public officer or
employee shall be forfeited in favor of the State
10. In a prosecution of plunder- it establishes the commission of the criminal acts in furtherance of the acquisition of
ill gotten wealth while in forfeiture cases under R.A. 1379, the court needs to determine, by preponderance of
evidence, is the disproportion of respondents properties to his legitimate income.
Filing of the MOTION FOR RECONSIDERATION- does not stop the filing of an information
MTC
Before and After Conviction-------MATTER OF RIGHT
RTC
Before Conviction After Conviction
Punishable by DRL Discretion (end of the guilt is strong) NO BAIL
Not Punishable DRL Right Discretion