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Criminal procedure treats of the series of processes by which the criminal laws are
enforced and by which the State prosecutes persons who violate the penal laws.
While criminal laws define crimes and prescribe punish crimes, criminal procedure lays
down the procedure for such processes by which an offender is made to answer for the
violation of the criminal laws
Criminal procedure is a “generic term to describe the network of laws and rules which governs
the procedural adminstration of justice”
The adversarial system should be distinguished from the inquisitorial system where the
court plays a very active role and is not limited to the evidence presented before it.
- The court may utilie evidence gathered outside the court.
Jurisdiction is the right to act or the power and authority to hear and determine a cause, a
question of law. The term imports the power and authority to hear and determine issues
of facts and of law, the power to inquire in to the facts, to apply the law and to
pronounce the judgment.
criminal jurisdiction is the authority to hear and try a particular offense and impose the
punishment for it
There must be jurisdiction over the following:
A. Subject matter;
B. Territory; and
C. Person of the accused.
Continuing jurisdiction because as a general principle that once a court has acquired
jurisdiction, that jurisdiction continues until the court has done all that it can do in the exercise
of that jurisdiction
As a general rule, seeking affirmative relief is considered a submission to the jurisdiction of the
court.
Giving or posting of a bail by the accused is tantamount to submission of his person to the
jurisdiction of the court.
Making a special appearance in court to question the jurisdiction of the court over the
person of the accused is not a voluntary appearance as when in a criminal case a motion to
quash is filed precisely on that ground.
Custody of the law is not equal to being under the jurisdiction of the court. Because one can
file a motion to quash.
Injunction to restrain criminal prosecution
As a general rule, the court will not issue writs of prohibition or injunction to enjoin or restrain
criminal prosecution. Except:
(1) when the injunction is necessary to afford adequate protection to the constitutional rights
of the accused;
(2) when it is necessary for the orderly administration of justice or to avoid oppression
or multiplicity of actions;
(3) when there is a prejudicial question which is subjudice;
(4) when the acts of the officer are without or in excess of authority;
(5) where the prosecution is under an invalid law, ordinance or regulation;
(6) when double jeopardy is clearly apparent;
(7) where the Court has no jurisdiction over the offense;
(8) where it is a case of persecution rather than prosecution;
(9) where the charges are manifestly false and motivated by the lust for vengeance; and
(10) when there is clearly no prima facie case against the accused and a motion to quash
on that ground has been denied.
R.A. 7160 establishes the rule that the referral of a case to the Lupon for conciliation or
settlement is required before a complaint, petition or action is filed in court. The
invocation of judicial authority shall be allowed only if a certification is issued by the
proper barangay official that judicial intervention may now be availed of because the desired
conciliation or settlement was not reached.
- No need to go through the Barangay conciliation when the penalty prescribed by law for the
alleged offenses is at least 4 years 2 months and 1 day. The Rules on Criminal Procedure
begins to start when a complaint is filed before an authorized officer for the purpose of
conducting a preliminary investigation to determine if a crime has been committed.
- No need preliminary investigation when below 4-2-1 rule.
- in this case the complaint or information may be filed directly with the MTC, and
constitutes a criminal action.
Chapter II Prosecution of Offense (Rule 110)
I. Institution of Criminal Actions
The purpose of criminal action is to determine:
1. If he is guilty and if so
2. Penal liability
How Criminal actions are instituted
Depends generally upon whether the offense is one which requires a preliminary investigation
(sec 1, Rule 110)
- Where a preliminary investigation is required, a criminal action is instituted by filing
the complaint with the proper officer for the purpose of conducting the requisite
preliminary investigation.
- Where a preliminary investigation is not required, a criminal action is instituted in 2
ways:
o Filing of the complaint or information directly with the MTC or MCTC
o Filing of the complaint with the office of the prosecutor (if provided in the
charter of the city)
No filing directly with the RTC because its jurisdiction covers offenses that need preliminary
investigation (4-2-1 rule found in sec1 rule 112)
- RTC = jurisdiction = offenses punishable with imprisonment of more than 6 years
(requires preliminary investigation)
- MTC = jurisdiction = offenses punishable with imprisonment not exceeding 6 years
The institution of Criminal action shall interrupt the period of prescription of the offense
charged unless otherwise provided in special laws
- Mere filing of the complaint with the PROPER officer shall interrupt the period of
prescription, except when a different rules is provided in a special law.
Offenses arising from quasi-delict, Art. 2176, (As well as Arts 32,33,34) are not deemed
instituted with the criminal action.
Prosecution for violation of special laws shall be prosecuted pursuant to the provisions of said
special law (sec 5, rule 110)
III. Intervention of the offended party in the prosecution of the criminal action
See sec 16, Rule 110
The civil liability for a crime includes (Art. 104 RPC)
1. restitution,
2. reparation of the damage caused and
3. indemnification for consequential damages
By virtue of Sec. 16 of Rule 110 in relation to Sec. 1 of Rule 111, for the offended party to
acquire the right to intervene in the prosecution of the offense, it is necessary that the civil
action for the recovery of the civil liability be instituted with the criminal action. This does
not apply when:
A. The offended party waives the civil action
B. When the offended party reserves the right to institute it separately
C. When the offended party instituted the civil action before the institution of the criminal
action.
There are however, cases where the criminal action also gives rise to an independent civil
action as in crimes in involving physical injuries, fraud or defamation(Art 33) or when the
act constituting a crime also constitutes a quasi-delict because they do not arise from the
offense charged.’
Prosecution of defamation
- Under sec 5 rule 110, the defamation consists under this rule are:
o Adultery, concubinage, seduction, abduction, and acts of lasciviousness
- Instituted by the offended party only
Meaning of “information”
An information is an accusation in writing charging a person with an offense subscribed
by the prosecutor and filed with the court
- An information is an accusation in writing, and it is not required to be “sworn” unlike a
complainant.
- Only prosecutors can subscribe to the information.
- Must be in writing
The real question is not did he commit a crime given in the law some technical and
specific name, but did he perform the acts alleged in the bod y of the information in the
manner therein set forth
“The Court ruled that the fact that the information does not specifically mention Article
249 of the Revised Penal Code as the law which defines and penalizes homicide, does
not make the information defective.”
- As long as the facts alleged in the information describes the nature of the crime, then it
is sufficient.
However, it is important to specify its qualifying and aggravating circumstances.
The accused will not be convicted of the offense proved during the trial if it was not properly
alleged in the information