412957199 Criminal Procedure Riano Reviewer Summary pdf PDF

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RIANO BOOKQUICK SYNOPSIS• Criminal Procedure - Treats of the series of processes which the criminal laws are enforcedand by which the state prosecutes persons who violate penal laws• Accusatorial or adversarial - two contending parties before the court which hears themimpartially and renders judgmen...

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CRIMINAL PROCEDURE RIANO BOOK QUICK SYNOPSIS

• Criminal Procedure - Treats of the series of processes which the criminal laws are enforced and by which the state prosecutes persons who violate penal laws

• Accusatorial or adversarial - two contending parties before the court which hears them impartially and renders judgment only after trial.

• Inquisitorial - The court plays a very active role and is not limited to the evidence presented before it. It may utilize evidence gathered outside the court.

• Criminal procedure shall be liberally construed. • Due process is mandatory in CP • Requisites: 1. Court is properly clothed with judicial power to hear and determine the case 2. Jurisdiction over the person of the accused 3. Opportunity to be heard 4. Judgment is rendered only upon lawful hearing

• REQUISITES FOR EXERCISE OF CRIMINAL JURISDICTION 1. Jurisdiction over Subject Matter 2. Jurisdiction over the Territory 3. Jurisdiction over the Person of the accused JURISDICTION OVER THE TERRITORY • Offense must have been committed within the court’s territorial jurisdiction. VENUE IS JURISDICTIONAL IN CRIMINAL PROCEDURE. • The action shall be instituted and tried in the court of the municipality or territory wherein the offense was committed OR where anyone of the essential requisites took place.

• Jurisdiction of the court is determined by the allegations in the complaint • RTC of manila has no authority to issue search warrant for offenses committed in Cavite. • EXCEPTIONS TO THE VENUE RULE IN CRIM PRO: 1. Offense committed falls under Article 2 of RPC (Extraterritoriality Principle) - It shall be cognizable by the court where the criminal action is first filed. 2. SC orders change of venue 3. If committed in train, aircraft, or other public or private vehicle in the course of its trip May be instituted in any municipality or territory where it passed during its trip or its place of arrival or departure. 4. On Board a vessel - Court of first port of entry or in the territory where the vessel passed during the voyage 5. Cases cognizable by Sandiganbayan - QC 6. Written Defamation

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CRIMINAL PROCEDURE RIANO BOOK - Public official or private person - RTC of province where the libelous article is printed and first published. - Private Individual - RTC where he actually resided at the time of the commission of the offense - Public Officer - If office is at manila at the time of the commission - RTC of Manila - Public Officer outside Metro Manila - RTC of province or city where he held office.

- If defamatory material in internet - The place where the material was accessed CANNOT BE EQUATED with printing and first publication. JURISDICTION OVER SUBJECT MATTER • Jurisdiction over the subject matter is conferred by law. It must be clear because it cannot be presumed. It • cannot be fixed by the will of parties or be diminished by any of the act of the parties.

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It cannot be waived It is determined by the allegations in the complaint In Sandiganbayan, The nature of the offense and the position of the accused is considered.

In complex crime, The Maximum and most serious penalty imposable on the offense shall be the basis. • Law in force at the time of the institution of the action shall apply to determine the JURISDICTION OVER THE SUBJECT MATTER • The IMPOSABLE penalty shall be considered PRINCIPLE OF ADHERENCE OF JURISDICTION OR CONTINUING JURISDICTION - Once a court has acquired jurisdiction, it continues until the court has done all that it can do in the exercise of its jurisdiction. It cannot be defeated by amendment or be lost by a new law amending the rules of jurisdiction. - EXCEPTION: When statute expressly provides

- When no such retroactive effect was provided for, it cannot be applied to cases already pending prior to their enactment.

• Jurisdiction over the subject matter may be raised or be considered moot proprio by the court at any stage or on appeal JURISDICTION OVER THE PERSON OF THE ACCUSED

• Acquired upon his arrest, apprehension or voluntary appearance • Seeking affirmative relief is deemed submission to the jurisdiction of the court. • Filing Motion to quash, Appearing for arraignment, Participating in the trial or giving bail. • EXCEPT: Making Special appearance questioning the jurisdiction over the person - NOT VOLUNTARY APPEARANCE and Filing Motion to quash Warrant of arrest

• Even if the warrant of arrest is null and void, if he posted bail- submission to the jurisdiction of the court. © EDWARD VANGE ARRIBA

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• Being in the custody of law is not necessarily being under the jurisdiction of court • As a general rule, Court will not issue writs of prohibition or injunction (preliminary or final) to enjoin or restrain criminal prosecution • EXCEPTIONS: (WHEN INJUNCTION MAY BE ISSUED TO RESTRAIN CRIMINAL PROSECUTION) 1. Necessary to afford adequate protection to constitutional rights 2. Orderly administration of justice 3. Prejudicial question which is subjudice 4. Acts of office are without or in excess of authority 5. Prosecution under invalid law 6. Clearly apparent double jeopardy 7. No jurisdiction over the offense 8. Persecution rather than protection 9. Manifestly false charges

• Mandamus is not available to compel prosecution because it is under the discretion of the prosecutor to prosecute CRIMINAL JURISDICTION OF MTC - Except if falling within RTC or Sandiganbayan EXCLUSIVE ORIGINAL JURISDICTION: 1. All violations of City or municipal ordinance committed within their respective jurisdiction 2. All offenses punishable with imprisonment NOT EXCEEDING 6 YEARS irrespective of fine, civil liabilities, accessory penalties - Punishable up to the maximum of PRISION CORRECCIONAL EXCEPTION: 1. Libel (RTC) 2. Direct Bribery & Indirect Bribery - Sandiganbayan 3. If Fine ONLY - Not more than 4k 4. Offenses involving damage to property through criminal negligence 5. Violation of BP22 6. Summary procedure - Violation of traffic laws, rental laws, and ordinances 7. Special jurisdiction to decide applications for bail in absence of RTC Judges CRIMINAL JURISDICTION OF RTC 1. Exclusive original jurisdiction in all criminal cases not within the original jurisdiction of any court except when under Sandiganbayan 2. 3. 4. 5. 6.

Appellate jurisdiction over all cases decided by MTC Special jurisdiction designated by SC Written defamation Cases in violation of Comprehensive Dangerous Drugs act Violations of Intellectual property

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CRIMINAL PROCEDURE RIANO BOOK 7. PD 957 8. Money Laundering cases - But if in conspiracy of a public officer or done by public officer - SANDIGANBAYAN CRIMINAL JURISDICTION OF SANDIGANBAYAN 1. Violations of Anti Graft and Corrupt practices act where one or more of the accused is occupying a position whether permanent, acting or interim capacity AT THE TIME OF THE COMMISSION OF THE OFFENSE 1. Classified as Salary Grade 27 which includes: 1. Provincial governors, Vice Gov, Members of Sangguniang Panlalawigan, Provincial treasurers, assessors, engineers, other provincial department heads 2. City mayor, Vice Mayor, members of sang panglungsod, City treasurer, assessors, engineers, and other department heads 3. Officials of the diplomatic service occupying position of consul and higher 4. Philippine army and airforce colonel, navy captains, and all officers of higher rank 5. Officers of PNP: Provincial director, senior superintendent or higher 6. City and provincial prosecutors in office of ombudsman and special prosecutor 7. Presidents, director, trustees or managers of GOCC, state universities or educational foundation or institutions 8. 9. 10. 11.

Members of the congress Members of judiciary Chairmen of Constitutional commissions All other national and local officials classified as SG 27

2. Other offenses or felonies whether simple or completed with other crimes committed by the public officials under SG27 in relation to their office

- Sandiganbayan also exercises civil jurisdiction - Sandiganbayan shall exercise exclusive appellate jurisdiction over final judgment of RTC whether in the exercise of their own original jurisdiction or appellate jurisdiction - CMPHQ - In aid of appellate jurisdiction

- In all cases elevated to the SB and from the sandiganbayan to SC, the office of the ombudsman through its special prosecutor shall represent the people of the PH

- Private individuals must be tried jointly - PO may be a principal or mere accomplice or accessory - All forms of bribery - SB has jurisdiction - Salary grade 27 or higher shall only refer to: 1. Officials of the executive branch occupying the regional director and higher 2. Members of congress or officials 3. All national and local officials

- SG 27 has no reference to 1. Provincial governors, Vice Gov, Members of Sangguniang Panlalawigan, Provincial treasurers, assessors, engineers, other provincial department heads

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CRIMINAL PROCEDURE RIANO BOOK 2. City mayor, Vice Mayor, members of sang panglungsod, City treasurer, assessors, engineers, and other department heads 3. Officials of the diplomatic service occupying position of consul and higher 4. Philippine army and airforce colonel, navy captains, and all officers of higher rank 5. Officers of PNP: Provincial director, senior superintendent or higher 6. City and provincial prosecutors in office of ombudsman and special prosecutor 7. Presidents, director, trustees or managers of GOCC, state universities or educational foundation or institutions - Thus, Director of Region IV of Philhealth although SG 26, Still under the jurisdiction of Sandiganbayan because SG 27 qualification has no reference to directors of GOCC. As long as he holds the position, regardless of salary grade, he is under the jurisdiction of Sandiganbayan - Sangguniang panglungsod under salary grade 26 - under the jurisdiction of SB

- Board of Regents of UP performs functions similar to those of board of trustees of non stock

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corporation. A student regent shall be under the jurisdiction of SB regardless if she did not received compensation. Compensation is not an essential element of public office for it is merely incidental. Offenses committed in relation to the office has to be such that in the legal sense, the offense cannot exist without the office. If intimately connected - Committed in relation to the office - It is intimately connected if he could not have committed the crimes were it not for his position. The mayor organized armed patrols and civilian commandos. He ordered arrest and maltreatment of the victim who dies - IN RELATION TO HIS OFFICE. If public office is a constituent element of the crime charged, there is no need to state the specific factual allegations of the intimacy between the crime and office. - Malversation of public funds,

SUMMARY PROCEDURE - Before conducting a trial the court shall call for a Preliminary Conference

- Entering stipulations of facts - Allowing accused to enter a plea of guilty to a lesser offense - Any admission of the accused made during PC must be reduced in writing and signed by the accused and counsel Prohibited motions in Summary Procedure: 1. Motion to quash except on the ground of lack of juris of subject matter or failure to comply with barangay conciliation. 2. Bill or particulars 3. Motion for Noted! or reconsideration 4. Relief from judgment 5. Motion for extension 6. Memoranda 7. CMP against interlocutory order 8. Motion to declare in default © EDWARD VANGE ARRIBA

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CRIMINAL PROCEDURE RIANO BOOK 9. 10. 11. 12.

Dilatory motions Reply Third Party complaints Intervention

- At least 4 years, two months one 1 day - Preliminary Investigation is REQUIRED - Below 4 years, two months and 1 day - Not required. - The complaint may be filed directly with MTC. - The Secretary of justice may reverse or modify the resolution of the provincial or city prosecutor or of chief state prosecutor.

- If the court finds probable cause - Shall issue warrant of arrest or commitment order if the accused is in the custody of the law.

- The judge may issue summons instead of warrant of arrest if the judge is satisfied that there is no necessity for placing the accused in the custody.

- MANILA OR OTHER CHARTERED CITIES: Complaint shall be directly filed with the prosecutor. - Criminal Action - Commenced by the filing of a complaint of an information in court and shall be under the control and discretion of the public prosecutor. - In special cases, a private prosecutor may be authorized in writing by chief of the prosecution office or the regional state prosecutor to prosecute the case. - The complaint must be in writing

- When a criminal action is instituted, the civil action for the recovery of the civil liability arising from the offense charged shall also be deemed instituted. - EXCEPTION: 1. Waives the civil action 2. Reserves the right to institute the asme separately 3. Institutes civil action prior to the criminal action

- Also not deemed instituted if do not legally arise from the offense charged and independent source

- After the criminal action has been commenced, the separate civil action arising from the offense cannot be instituted until final judgment has been entered in criminal action. - If criminal action has been filed after the civil action has already been instituted, the civil action shall be suspended in whatever stage it may be found. - Except Prejudicial questions: In this case, It is the criminal action which may be suspended upon proper petition PREJUDICIAL QUESTION - exists when a previously instituted civil action involves an issue similar or intimately related to the issue raised in the subsequent criminal action and the resolution of such issue determines whether or not the criminal actin shall proceed.

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- Bail may be applied for before or after he is formally charged. - Application for bail shall not bar the accused from challenging the validity of the arrest. Arraignment - formal mode and manner of implementing the constitutional right of the accused to be informed of the nature and cause of the accusation against him.

- If before arraignment the accused escapes, he cannot be tried in absentia - It is made in open court by the judge or clerk. He is asked whether he is guilty or not guilty. Motion to quash - a written motion signed by the accused or his counsel which is supposed to distinctly specify both its factual and legal grounds.

- After arraignment, the court shall order the MANDATORY Trial conference JUDGMENT - Adjudication of the court on the guilt or innocence of the accused and the imposition on him of the proper penalty and civil liability. _____________________________________________________________________________________________ PROSECUTION OF OFFENSES RULE 110

- Purpose of Criminal action: To determine the penal liability of the accused for having outraged the state with his crime. INSTITUTION OF ACTIONS: - PRELIMINARY INVESTIGATION IS REQUIRED: By filing the complaint with the proper officer for the purpose of conducting the requisite Preliminary Investigation - WHEN NOT REQUIRED: 1. Filing the complaint or information directly with the MTC 2. Filing the complaint with the office of prosecutor - In Manila and other chartered cities: Shall be filed in the office of the prosecutor unless otherwise provided in their charter. Thus NO DIRECT FILING. PI IS REQUIRED: At least 4 years 2 months and 1 day If below 4 years 2 months and 1 day - NO PI REQUIRED

- In case of conflict between the city charter and ROC - City charter prevails. GR: The institution of criminal action shall interrupt the period of prescription of offense charged EXC: Unless otherwise provided in special law.

- The prescriptive period remains tolled from the time the complaint was filed until such time that the respondent is either convicted or acquitted.

- The filing of a complaint EVEN IN THE FISCAL’S OFFICE interrupts the period of prescription. Even if it is merely for the purpose of Preliminary investigation, it shall interrupt the period of prescription. © EDWARD VANGE ARRIBA

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- The prescriptive period for violation of special laws starts on the day such offense was committed and is interrupted by the institution of proceedings against the respondent. - Filing an action before the Task force on Anti Intellectual property Piracy (TAPP) interrupted the prescriptive period DOCTRINE OF PRIMARY JURISDICTION - Courts will not determine a controversy involving a question within the jurisdiction of the administrative tribunal where the question demands the exercise of sound administrative discretion requiring the specialized knowledge and expertise of said administrative tribunal. - Filing of a complaint with SEC shall effectively interrupt the prescriptive period. Investigation conducted by SEC is equivalent to Preliminary investigation PROSECUTION OF CRIMINAL ACTION - Criminal action is prosecuted under the direction and control of the public prosecutor - Even if there is a private prosecutor, it is still prosecuted under the direction and control of the public prosecutor - Appointment of private prosecutor is done by the offended party and is allowed only where the civil action for the recovery of the civil liability is instituted in the criminal action. - Hence the offended party may not intervene if he waives, reserves or institutes civil action prior to the criminal action.

- Institution of independent civil action does not deprive the offended party of the right to intervene in the civil action through a private prosecutor - Independent Civil actions: Art 32, 33, 34, 2176 of Civil code.

- Art 32: Rights and liberties of a person (Constitution) - Art 33: Defamation, fraud and Physical injuries - Art 34: Member of a city or municipal Police force refuses or fails to render aid or protection to any person in case of danger to life or property

- Art 2176: Quasi Delict - INDEPENDENT CIVIL ACTIONS MAY PROCEED INDEPENDENTLY - The executive department of the government is accountable for prosecution of crimes. - The DOJ Secretary has the authority to sign the certificate of non forum shopping for criminal cases which was filed on behalf of the PH.

- The presence of a public prosecutor in the trial of criminal case is NECESSARY to protect vital state interests. The act allowing the presentation of defense witnesses in the absence of public prosecutor or private prosecutor designated for the purpose is clear transgression of the rules. - If the prosecutor assigned is not available, the action may be prosecuted by the offended party, any peace officer or public officer charged with the enforcement of the law violated. - A Private prosecutor may prosecute the criminal action up to the end of the trial even in the absence of the public prosecutor provided that he is authorized to do so in writing. - The written authorization must be approved by the court. PROSECUTION OF PRIVATE CRIMES ADULTERY AND CONCUBINAGE - Adultery and concubinage can only be prosecuted upon a complaint filed by the OFFENDED SPOUSE.

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- Such action cannot be instituted against one party alone. It must be instituted against BOTH GUILTY PARTIES unless one of them is no longer alive.

- Pardon may either be expresse...