Basic Principles of Law and

Presented by:
 Scope of Presentation
I. Rules of Court
II. Basic Concepts
II. Preliminary investigation
A. Definition
B. When required
C. When not required
III. Inquest
A. Definition and Elements
IV. Jurisdiction
V. Procedures in Filing Criminal Case
 What is the Rules of Court

The Rules of Court is the guideline

concerning the protection and enforcement
of Constitutional rights, pleading, practice
and procedure in all courts.
 Basic Concepts

• 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. In the
clear language of the Court, criminal
procedure "regulates the steps by which one
who committed a crime is to be punished"
(People v. Lacson, 400 SCRA 267).
• The system of procedure in our
jurisdiction is accusatorial or adversarial.
It contemplates two contending parties
before the court which hears them
impartially and renders judgment only
after trial (Queto v. Catolico, 31 SCRA 52).
 Preliminary investigation is:

1. an inquiry or proceeding
2. to determine whether there is
sufficient ground to engender a Preliminary
well-founded belief
3. that a crime has been Investigation
committed; and vs Inquest
4. the respondent is probably
guilty thereof, and should be
held for trial.

Section 1 Rule 112. Rules of Court

Preliminary Investigation vs Inquest

When NOT required: What shall be done in lieu of PI:

- in cases of “warrantless - inquest
arrests”
 Inquest
Inquest is:

1. an inquest is an informal and summary investigation

2. conducted by a public prosecutor in a criminal case
3. involving persons arrested and detained without the
benefit of a warrant of arrest issued by the court
4. for the purpose of determining whether said persons
should remain under custody and correspondingly
charged in court.

Section 1, DOJ Circular No. 61

 DUE PROCESS
• Due process in criminal
proceedings is mandatory
and indispensable and
cannot be met without the
proverbial "law which hears
before it condemns and
proceeds upon inquiry and
renders judgment only after
trial." (Quotation from
Albert vs. University
Publishing House, G.R. No. L-
19118, January 30,1965).
 Requirements of due process in a
criminal proceeding
1. That the court or tribunal trying the case is
properly clothed with judicial power to hear and
determine the matter before it;
2. That jurisdiction is lawfully acquired by it
over the person of the accused;
3. That the accused is given opportunity to be
heard; and
4. That judgment is rendered only upon lawful
hearing.
 Requisites For The Exercise of
Criminal Jurisdiction

(a) Jurisdiction over the subject matter;

(b) Jurisdiction over the territory; and
(c) Jurisdiction over the person of the accused.
 Problem

LUCKY CHAN, A POLICE OFFICER, APPLIED FOR A

WARRANT TO SEARCH DOOR #1, THE HOUSE OF GWA POOH,
AT FOBRE APARTMENT COMPLEX.
THE COURT ISSUED THE WARRANT. THEY WENT TO THE
APARTMENT COMPLEX THEY SEARCH THE HOUSE OF GWA
POOH AND SEIZED UNLICENSED FIREARMS AND EXPLOSIVES.

Q1, Where the File?

Q2. What court has jurisdiction?
 Criminal Jurisdiction of the Court
The MTC shall exercise the following criminal jurisdiction:
1. Exclusive original jurisdiction over all violations of city or municipal
ordinances committed within their respective territorial jurisdiction (Batas
Pambansa Big. 129, Section 3211); Republic Act No. 7691);
2. Exclusive original jurisdiction over all offenses punishable with
imprisonment not exceeding six (6) years irrespective of the amount of
fine, and regardless of other imposable or accessory penalties, including
the civil liability arising from such offenses irrespective of kind, nature,
value or amount (B.P. 129, Sec. 32[2]; R.A. 7691);
3. Exclusive original jurisdiction over offenses involving damage to
property through criminal negligence
4. Violations of B.P. 22 (Bouncing Checks Law)
 SYNOPSIS OF THE CRIMINAL
LITIGATION PROCESS
1. The criminal litigation process presupposes the
prior commission of a crime or at least the
perception that a crime has been committed.
There can be no criminal action unless a crime is
believed to have been committed.
 SYNOPSIS OF THE CRIMINAL
LITIGATION PROCESS

2. The rules come into operation only when acts

are initiated that would put the offender in contact
with the law. This contact with the law is normally
effected when the criminal act is brought to the
attention of duly constituted authorities.
 SYNOPSIS OF THE CRIMINAL
LITIGATION PROCESS

2. The rules come into operation only when acts

are initiated that would put the offender in contact
with the law. This contact with the law is normally
effected when the criminal act is brought to the
attention of duly constituted authorities.

3. Filing of the information or complaint and other

processes
 Filing of the information or
complaint and other processes
1. A criminal action is commenced by the filing of a
complaint or an information in court and shall be
prosecuted under the control and direction of the
public prosecutor.
2. The complaint or information is required by the
Rules to be in writing.
3. Arraignment
4. Pre-trial
5. Trial
6. Judgement
 Arraignment
Whether or not the accused is under detention or
out on bail, the court shall thereafter set the case
for arraignment. 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. Without
arraignment, the accused is not deemed to have
been informed of such accusation. If before his
arraignment, the accused escapes, the court has
no authority to try him in absentia.
 Pre-trial
After the arraignment of the accused and within
thirty (30) days from the date the court acquires
jurisdiction over the accused, the court shall order
the mandatory trial conference to consider certain
matters including plea bargaining, stipulation of
facts, the marking of the evidence, the waiver of
objections to admissibility, a possible
modification of the order of the trial and such
other matters that will help promote a fair and
expeditious trial of the criminal and civil aspects of
the case.
 Trial
After the arraignment of the accused and within
thirty (30) days from the date the court acquires
jurisdiction over the accused, the court shall order
the mandatory trial conference to consider certain
matters including plea bargaining, stipulation of
facts, the marking of the evidence, the waiver of
objections to admissibility, a possible
modification of the order of the trial and such
other matters that will help promote a fair and
expeditious trial of the criminal and civil aspects of
the case.
 Judgment
After trial, the judgment of the court shall follow. 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.
 Pot-Judgment
Before the judgment of conviction becomes final,
the accused may move for a new trial or a
reconsideration. A motion for new trial shall be
predicated upon errors of law or irregularities during
the trial and the discovery of new or material
evidence. Within the same period, a motion for
reconsideration may also be filed on the grounds of
errors of law or fact in the judgment. The court also
may, on its own motion with the consent of the
accused, grant a new trial or reconsideration.
Before the finality of the judgment,
the accused may also appeal from a
judgment of conviction in
accordance with the procedure set
forth in the Rules.
THANK YOU…