CRIMNAL PROCEDURE (Definition of Terms)

Accusatorial. – the accusation is exercised by every citizen or by a member of the group to which the
injured party belongs. As the action is a combat between the parties, the supposed offender has the
right to be confronted by his accuser. The battle in the form of a public trial is judged by a magistrate
who renders the verdict.

Amendment - is the act of changing, correcting, improving or adding to the complaint or information
filed in court which may either be substantial or formal amendment.

Appeal - a legal remedy whereby a party seeks for a review by a superior court the judgment rendered
by the trial court? It is done by the accused if convicted. If acquitted, the state cannot appeal on the
ground of double jeopardy. Or is in lieu of moving for new trial or reconsideration- or after denial of such
a motion- the convicted accused may appeal to the courts of higher level.

Arraignment - is the first stage in a criminal action proper. It shall be held within thirty (30) days from the
date the court acquires jurisdiction over the person of the accused or after the accused has been
arrested. In case the accused is detained (because he cannot afford bail or his offense is non-bailable),
his case is given preference in the scheduling of the arraignment which shall be held within ten (10) days
from the date of the raffle, pre-trial which shall be held within ten (10) days after arraignment and trial
which shall commence within 30 days from receipt of the pre-trial order.

Arrest - is defined as the taking of a person into custody in order that he may be bound to answer for the
commission of an offense.

Automatic appeal - when death penalty has been imposed

Bail - is defined as the security given for the release of a person in custody of the law, furnished by him
or a bondsman, to guarantee his appearance before any court. (section 13, 1987 philippine constitution)

Bill of particulars - is a manifestation by which a party asks for a more definite statement of any matter
which is not averred with definiteness or particularity to enable a party to prepare his responsive
pleading and to prepare for trial. This is made before arraignment.

Cash bond- cash is deposited with the clerk of court equivalent to the amount of bail fixed by the court
or recommended by the prosecutor.

Capital offense - is defined as 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.

Complaint - is a sworn statement charging a person with an offense, subscribed by the offended party,
any peace officer, and officer in charge of the law violated;

Corporate surety bond- it is a bail bond subscribed jointly by the accused and the officer duly authorized
by the board of directors of the corporation licensed as surety in accordance with law.
Consolidated trial - is the trial of 2 or more actions involving offenses founded on the same facts or
involving common questions of facts or law or forming part of series of offenses of similar character
conducted within the framework of one proceeding.

Court of tax appeals - known as the tax court, it is also a collegiate special court vested with jurisdiction
to review decisions of the commissioner of customs and commissioner of internal revenue. Its decisions
are appealable to the court of appeals.

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.

Demurrer to evidence - is a motion to dismiss a criminal case after the prosecution has rested its case on
the ground of insufficiency of evidence. If the motion was without leave of court, the accused can no
longer present evidence in case of denial of the court, in which case, the case is submitted for decision
on the strength of the evidence of the prosecution.

Discharge of accused to be state witness - when two or more persons are jointly charged with the
commission of any offense, one or more of them, with their consent, may be discharged from the charge
and be a state witness. Discharge of accused to be state witness is tantamount to acquittal.

Double jeopardy - means that when a person is charged with an offense and the case is terminated
either by acquittal or conviction of the accused or dismissal of the case without the consent of the
accused, the latter cannot again be charged with the same identical offense.

Entry of judgment - means the recording of the judgment or order in the book of entries of judgment by
the clerk of court containing the dispositive part of the judgment when no appeal or motion for new trial
is made.

First level courts - metropolitan trial courts, the municipal trial courts in cities (or municipalities) and
municipal circuit trial courts - they are essentially trial courts.

Formal amendment - consists of changing all other matters.

Fourth level court - the supreme courts - it is the highest court of the land. Like court of appeals, the
supreme court is a review court but a court of last resort, for no appeal lies from its judgments and final
orders.

Information - is also an accusation in writing charging a person with an offense subscribed by the
prosecutor and filed with the court.

Inquisitorial. – the protection and prosecution of offenders are not left to the initiative of private parties
but to the officials and agents of the law.

Joint trial - is the trial of 2 or more persons for the same or similar offenses conducted within the
framework of one trial.
Judgment - is defined as the adjudication by the court that the accused is guilty or not guilty of the
offense charged and the imposition on him of the proper penalty and civil liability, if any. And shall be
rendered within ninety (90) days after the case is submitted for decision. Unlike in civil case- where the
judgment is promulgated by its delivery by the judge to the clerk of court, who thereafter sends copies
to the parties- the judgment in criminal actions is promulgated by reading it to the accused in open
court. This is done on a date and time scheduled by the court of which the accused shall have reasonable
notice.

Jurisdiction - is the authority to hear and try a particular offense and impose the punishment for it. The
general rule is that the jurisdiction of a court is determined by (1) the geographical limits of the territory
over which it presides, and (2) the actions (civil and criminal) it is empowered to hear and decide.
Jurisdiction is conferred by law (bp 129, as amended).

Mixed system. – this is a combination of the inquisitorial and the accusatorial systems. The examination
of defendants and other persons before the filing of the complaint or information may be inquisitorial.
As a general rule, a court proceeding in our judicial set-up is accusatorial or adversary and not
inquisitorial in nature as it contemplates two contending parties before the court which hears them
impartially and renders judgment only after trial.

Modification of judgment - a judgment of conviction may, upon motion of the accused, be modified or
set aside before it becomes final or before appeal is perfected.

Motion for new trial or reconsideration – is one filed with the court by the accused at any time before
judgment of conviction becomes final. Or, on its own initiative, with the consent of the accused, the
court may order new trial or reconsideration.

Motion to quash – is a motion filed with the trial court before arraignment or with the prosecutor during
preliminary investigation. The granting of a motion to quash, except on grounds of prescription and
double jeopardy, may result in the court ordering the amendment of the complaint or information, or
the dismissal of the case and the filing of a new one, or if new information is filed within the specified
period, the discharge of the accused from custody if detained.

New trial or reconsideration - is available after promulgation of judgment of conviction but before the
lapse of 15 days therefrom. If the court grants the motion for new trial, it may order the trial anew of the
case by receiving evidence not discovered and produced at the trial. If the court grants the motion for
reconsideration, it may acquit the accused or modify the decision.

Ordinary appeal - is a matter of right and is normally made simply by filing of a notice of appeal with the
court whose judgment is sought to be reviewed.

Petition for review on certiorari - is not a matter of right. The sc will exercise appellate jurisdiction only if
it deems it proper, in its discretion. Only pure questions of law may be raised.

Petition for review - like ordinary appeals, may raise both questions of fact as well as of law. But unlike
ordinary appeals, appeals by petition for review are not a matter of right, but of discretion.
Police investigation - is the first prefatory stage in criminal action. Incidence of crimes are reported to or
discovered by police authorities.

Prejudicial question - is defined as to be that which arises in a case the resolution of which is a logical
antecedent of the issue involved in said case and the cognizance of which pertains to another tribunal.
The motion to suspend criminal proceeding based on prejudicial question may be raised in preliminary
investigation or trial which, if granted, will suspend the criminal proceeding.

Preliminary investigation - is defined as an inquiry or proceeding to determine whether there is sufficient

ground to engender a well-founded belief that a crime has been committed and the respondent is
probably guilty thereof, and should be held for trial. The second prefatory stage in criminal action. It is
the stage at which the public prosecutor evaluates the findings of the police to determine if prosecution
of the suspect in court is warranted.

Preliminary conference – is a proceeding conducted by the clerk of court which consists, among others,
marking of exhibits, number and names of witnesses to be presented and asking the parties whether
there is possibility of amicable settlement. Thereafter, the clerk of court shall prepare minutes of the
proceedings to be signed by the counsel and the parties and submitted to the court.

Pre-trial - as in civil actions, there is a pre-trial in criminal actions. The purpose is the same: to explore
ways of quickly ending the case (as by a change of a not-guilty plea to one of guilty or plea bargaining) or
otherwise expediting the trial.

Pre-trial agreement - is one where 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.

Pre-trial conference – is conducted by the judge of the court where the case has been filed

Probable cause - is defined as such facts and circumstances which led a reasonable, discreet and prudent
mind or man to believe that the offense has been committed and that the objects sought in connection
with the offense are in the place sought to be searched.

Promulgation of judgment - it is promulgated by reading the same in the presence of the accused and
the judge of the court in which it was rendered. However, if conviction is for light offense, the judgment
may be pronounced in the presence of his counsel or representatives.

Property bond- it is a bond constituted as lien on the real property given as security for the amount of
the bail.

Recognizance- it is an obligation of record entered into by the accused or that of a responsible person
before the court in order that the court may release a person in custody for the crime charged (r.a 6036)
Reopening of the case - at any time before finality of the judgment of conviction, the judge may motu
proprio or upon motion, with hearing in either case, reopen the proceedings to avoid miscarriage of
justice. The proceedings shall be terminated within 30 days from the order granting it.

Rules on summary procedure – is one which covers cases under the exclusive jurisdiction of mtc, mtcc
and mctc.

Sandiganbayan - known as the graft court, it is a collegiate special court with limited jurisdiction.

Search warrant - is defined as 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.

Second level courts - regional trial courts - in each region, there is a regional trial court, composed of
several branches. Like first level courts, rtcs are trial courts.

Separate trial - is the individual trial of each of several persons jointly accused of an offense.

Substantial amendment - consists of changing, correcting, improving or adding the recital of facts
constituting the offense charged and determinative of the jurisdiction of the court.

Third level courts - court of appeals - it consists of a presiding justice and fifty associate justices who shall
exercise their powers, functions, and duties, through seventeen (17) divisions, each composed of three
(3) members. The court may sit en banc only for the purpose of exercising administrative, ceremonial, or
other non-adjudicatory functions. Unlike mtc, etc and rtcs, court of appeals is essentially an appellate
court (not a trial court), reviewing cases appealed to it which may review questions of fact or mixed
questions of fact and law.

Time limit of trial - trial once commenced shall continue from day to day as far as practicable and, unless
postponed for a reasonable period of time for good cause and justifiable delays, shall be terminated
within 180 days.

Trial - follows more or less the same pattern as in civil actions. The prosecution commences the
presentation of evidence, the accused follows, and the prosecution may present rebuttal evidence and
the accused sur-rebuttal evidence. The parties may also present written arguments or memoranda after
which the case is deemed submitted for decision.

Venue- is the geographical division on which an action is brought to trial for criminal action or
proceeding. Venue is the territorial unit where the power of the court is to be executed.