Criminal-Procedure-Reviewer PDF

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Criminal-Procedure-Reviewer...

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the Prosecutor and once criminal action is filed in court, the accused has the right to confront and cross-examine his accuser.

CRIMINAL PROCEDURE INTRODUCTION Criminal Procedure- Regulates the steps by which one who committed a crime is to be punished. -

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Criminal procedure lays down the processes by which an offender is made to answer for the violation of the criminal laws. Generic term to describe the network of laws and rules which governs the procedural administration of justice.

CRIMINAL LAW

CRIMINAL PROCEDURE

Substantive

Remedial

It declares what acts are punishable.

It provides how the act is to be punished.

It defines crimes, treats of their nature, and provide for their punishment.

It provides for the method by which a person accused of a crime is arrested, tried, or punished.

3 System of procedure in our jurisdiction (A2-I-M) 1. Adversarial/accusatorial The court has passive role and relies largely on the evidence presented by both sides to the action in order to reach a verdict. The court shall consider no evidence which has not been formally offered. 2. Inquisitorial The courts play a very active role and are not limited to the evidence presented before it. Judge/s actively participate/s in the gathering of facts and evidence instead of merely passively receiving information or evidence from parties.

3. Mixed Combination of the inquisitorial and the accusatorial system. For the purpose of issuing a warrant of arrest. Under the 1985 Rules on Criminal Procedure, a criminal action may be instituted by Complaint of the offended party or by information filed by

Requisites for the exercise of Criminal Jurisdiction (S-T-P) 1. Jurisdiction over the Subject matter - Refers to the authority of the court to hear and determine a particular criminal case. 2. Jurisdiction over the Territory Remember: General principles of criminal law (Territoriality) and Art. 2 of Revised Penal Code ( Extra-territoriality)

REVIEW: Art. 1 of the Constitution National Territory The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its terrestrial sea, the sea bed, the subsoil, the insular shelves, and other submarine areas. The water around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines. Art. 2 of the RPC The provision of this code shall be enforced not only within the Philippine archipelago but also outside of its jurisdiction against offenders who: 1. Should commit an offense while on a Philippine ship or airship; 2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the government of the Philippine Islands; 3. Should be liable for acts connected with the introduction into these islands of the obligations and securities as mentioned above; 4. While being public officers or employees, should commit an offense in the exercise of their functions; 5. Should commit any of the crimes against national security or law of nations. Crimes against national security 1. 2. 3. 4

Treason Conspiracy an proposal to commit treason Misprision of treason E i

3. Jurisdiction over the Person of the accused. - Acquired upon his arrest or apprehension, with or without a warrant, or his voluntary appearance or submission to the jurisdiction of the court.

Mandamus- A remedial measure for parties aggrieved which shall be issued when “any tribunal, corporation, board, officer or person unlawfully neglects the performance of an act which the law specifically enjoins as a duty resulting from an office, trust or station.”

simultaneously or separately with the RTC. Direct bribery Art. 210 of the RPC is punishable by prision correctional in its medium period, are within the exclusive jurisdiction of the Sandiganbayan pursuant to Sec. 4 (a) of P.D 1606 as amended.

SUMMARY PROCEDURE IN CRIMINAL CASES NOTE: The writ of mandamus is not available to control discretion. Neither may it be issued to compel the exercise of discretion. CRIMINAL JURISDICTION OF COURTS  Metropolitan Trial Court (MTC) MTC does not at all times have jurisdiction over offenses punishable with imprisonment not exceeding 6 years and except in cases falling within the exclusive jurisdiction of the RTC and of the Sandiganbayan.

MTC shall exercise the ff criminal jurisdiction: 1. over all violations of city of municipal ordinances committed within their respective territorial jurisdiction; 2. over all offenses punishable with imprisonment not exceeding six 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. NOTE: This rule disregarding the amount of the fine and other accessory penalties in determining jurisdiction DOES NOT apply when the offense is punishable by fine ONLY. Illustration Art. 27 of the RPC states that MTC has jurisdiction over offenses punishable by up to the maximum of prision correctional. Libel by means of writings or similar means shall be punishable by prision correctional , nevertheless, Art. 360 of the RPC states, criminal and civil action for such offense shall be filed

1. The Metropolitan Trial Courts, the Municipal Trial Courts in Cities, the Municipal Trial Courts and the Municipal Circuit Trial courts shall have jurisdiction over cases falling under summary procedure committed within their jurisdiction.

2. The ff cases are subject of summary (T-B-OA-D) procedure: a. Violations of Traffic laws, rules and regulations; b. Violations of rental law and BP22; c. Violations of municipal or city Ordinances; d. All other criminal cases where the penalty prescribed by law for the offense charged is imprisonment not exceeding 6 months, or a fine not exceeding 1,000 pesos, or both, irrespective of other imposable penalties, accessory or otherwise, or of the civil liability arising therefrom. e. Offenses involving Damage to property through criminal negligence where the imposable fine does not exceed 10,000. 3. Filing of criminal case under summary procedure. Either complaint or information. GR: In MM and other chartered cities – filing shall be by information EXPN: when the offense is one which cannot be prosecuted de officio. 4. If no cause or ground to hold the accused for trial- Dismissal of the case If there is a ground to hold the accused for trial- set the case for arraignment and trial 5. Before conducting the trial, the court shall

call the parties to a preliminary conference. a. Entering into a stipulation of facts; b. Considering the propriety of allowing the accused to enter a plea of guilty to a lesser offense; or c. Taking up such other matters to clarify the issues and to ensure a speedy disposition of the case. 6. If the accused refuses to stipulate or fails to do so, such shall not prejudice the accused. Any admission of the accused made during the preliminary conference must be reduced to writing and signed by the accused and his counsel. If this requirement is not met, such admission shall not be used against him. 7. Actual direct examination of the witnesses is NOT required. Affidavits submitted shall constitute their direct testimonies. The witnesses may be subjected to a crossexamination, re-direct examination or recross examination. If the affiant fails to testify, his affidavit shall not be considered as competent evidence. The adverse party may utilize the same for any admissible purpose. 8. The court is mandated NOT to order the arrest of the accused except where the ground is his failure to appear when required by the court. If he is arrested, he may be released on bail or on recognizance by a responsible citizen acceptable to the court. 9. When a trial has been conducted, the court shall promulgate the judgement not later than 30 days after the termination of the trial.

 Regional Trial Court (RTC) RTC shall exercise the ff criminal jurisdiction: (A2-S J) 1. all criminal cases not within the exclusive jurisdiction of any court, tribunal or body, except those falling under the exclusive and concurrent jurisdiction of the Sandiganbayan;

2. Appellate jurisdiction over all cases decided by the MTC within its territorial jurisdiction; 3. Special jurisdiction to handle exclusively criminal cases as designated by the SC; 4. Jurisdiction over criminal cases under specific laws such as: a. Written defamation b. Comprehensive Dangerous Drugs Act of 2002 (R.A. No. 9165) as provided under Sec. 90 thereof, c. Violation of intellectual property rights d. Money laundering cases  Sandiganbayan The Sandiganbayan shall exercise original jurisdiction in all cases involving: 1. Anti-graft and Corruption Practices Act (R.A No. 3019) and Chapter II Sec.2, Title VII, Book II of the RPC, where one or more of the accused are OFFICIALS occupying the ff positions in the government, whether in a permanent, acting or interim capacity, at the time of the commission of the offense:  Officials of the EXECUTIVE branch occupying the positions of regional director and higher, otherwise classified as Grade “27” and higher of the Compensation and position Classification Act of 1989 (R.A No. 6758) ,including: a. Provincial governors, vicegovernors, members of the sangguniang panlalawigan, and provincial treasurers, assessors, engineers, and other provincial department heads; b. City mayors, vice-mayors, members of the sangguniang panlungsod, city treasurer, assessors, engineers, and other city department heads, c. Officials of the diplomatic service occupying the position of consul and higher; d. Philippine army and air force colonels, naval captains, and all officers of higher rank; e. Officers of the Philippine National Police while occupying the position of provincial director and those holding the rank of senior superintendent or higher;

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City and provincial prosecutors and their assistants, and officials an prosecutors in the Office of the Ombudsman and special prosecutor; g. Presidents, directors or trustees, or managers of government-owned or controlled corporations, state universities or educational institutions or foundations 

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Members of the judiciary without prejudice to the provisions of the Constitution; Chairmen and members of Constitutional Commissions, without prejudice to the provisions of the Constitution; and All other national and local officials classified as Grade “27” or higher. a. Other offenses or felonies whether simple or complexed with other crimes committed by the public officials and employees. b. Civil and criminal cases.

NOTE: In cases where none of the accused are occupying positions corresponding to Salary Grade “27” or higher, exclusive original jurisdiction shall be vested in the proper regional trial court, metropolitan trial court, municipal trial court and municipal circuit trial court. Sandiganbayan shall exercise exclusive appellate CRIME

JURISDICTION OF SANDIGANBAYAN

Money laundering cases (committed by public officers and private persons conspiring with public officers) Forfeiture cases under R.A 1379 (Plunder absorbs the forfeiture cases)

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jurisdiction over final judgements, resolutions or orders of regional trial courts. Petitions for the issuance of the writs of mandamus, prohibition, certiorari, habeas corpus, injunctions and other ancillary writs and processes in aid of its appellate jurisdiction an over petitions of similar nature, including quo warranto.

The ff offenses are subject to the jurisdiction of the Sandiganbayan:

a. Anti-Graft and Corrupt practices Act (R.A No. 3019) b. Act Declaring Forfeiture in Favor of the State Any Property Found to Have been Unlawfully Acquired by Any Public officer or Employee (R.A No. 1379) c. Bribery in all its forms including corruption of public officers d. Other offenses or felonies (aside from above), whether simple or complexed with other crimes, committed by public officials NOTE: The relation has to be such that, in the legal sense, the offense CANNOT exist with the OFFICE. In other words, the office must be a constituent element of the crime as defined by statute. e.g Direct bribery, frauds against the public treasury, malversation of public funds and property, illegal use of public funds Public office is not an element of the crime of MURDER, since it may be committed by any person. - Crime of RAPE WITH HOMCIDE NOTE: If the information avers the intimate connection between the office and the offense, this would bring the offense within the definition of an offense “committed in relation to the public office”.

If public office is a constituent element of the crime charged

NO NEED TO STATE SPECIFIC FACTUAL ALLEGATIONS OF THE INTIMACY.

If public office is NOT a constituent element of the offense charged

INFORMATION HAS TO CONTAIN SPECIFIC FACTUAL ALLEGATIONS SHOWINT THE INTIMACY.

 Family Courts 1. Criminal cases where one or more of the accused is below 18 years old but not less than 9 years old; 2. Where one or more of the victims is a minor at the time of the commission of the offense; 3. Cases against minors cognizable under Comprehensive Dangerous Acts;

4. Violation against RA 7610 (Strong deterrence and special protection against child abuse, exploitation and discrimination acts; 5. Cases of Domestic Violence against women and children.

 Court of Tax Appeals (CTA) 1. Exclusive original jurisdiction over all criminal offenses arising from violations of the National Internal Revenue Code (NIRC) or Tariff and Customs Code and other laws administered by the BIR or the Bureau of Customs. 2. Offenses where the principal amount of taxes and fees, exclusive of charges and penalties claimed less than P1M or where there is no specified amount claimed, shall be tried by the regular courts and the jurisdiction of the CTA shall be appellate, and 3. Exclusive appellate jurisdiction in criminal offenses: a. Over appeals from the judgments, resolutions or order of the RTC in the exercise of their appellate jurisdiction over tax cases originally decided by the MTC, MeTC and MCTC. Pre-requisite to filing of complaint in court GR: A confrontation between the parties before the lupon chairman or the pangkat ng tagapagkasundo is needed before a Complaint, petition, action or proceeding may be filed or instituted directly in court or any government office for adjudication. The parties thereto may still go back to court either (1) when the lupon secretary or pangkat secretary as attested to by the lupon or pangkat chairman certifies that no conciliation or settlement has been reached, or (2) when the parties repudiated the settlement.

4. 5. 6. 7. 8.

EXPN: Lack of jurisdiction over the subject matter or failure to comply with the barangay conciliation proceedings; Third-party complaints; Motion for Extension of time to file pleadings, affidavits or any other paper; Reply; Dilatory motions for Postponement; Motion to Declare the defendant in default;

9. Memoranda; 10. Interventions, 11. Motion for New trial, or for consideration of a judgment, or for reopening of trial; 12. Petition for Certiorari, mandamus or prohibition against any interlocutory order issued by the court; Arraignment- 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. 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. Filed before the accused enters his plea. If the complaint or information is not dismissed or quashed, and a subsequent plea of not guilty is entered, the machinery of the criminal justice system shall proceed to its natural course. Post-judgment remedies

SUPREME COURT EXPN: 1. When the accused is under detention; 2. When the person has been deprived of personal liberty calling for habeas corpus proceedings; 3. Where actions coupled with provisional remedies, or 4. Where the action may be barred by the statute of limitations. Prohibited pleadings, motions and petitions in summary procedure (civil and criminal cases) (B-Re-Q | T-E-R-P-D | M-I-N-C) 1. Motion for Bill of particulars; 2. Petition for Relief from judgement 3. Motion to Quash the complaint or information

↑ COURT OF APPEALS OR SANDIGANBAYAN ↑ COURT OF APPEALS OR SUPREME COURT ↑ REGIONAL TRIAL COURT ↑ METROPOLTAN TRIAL COURT, MUNICIPAL TRIAL COURT IN CITIES, MUNICIPAL TRIAL COURT OR THE MUNICIPAL CIRCUIT TRIAL COURT

Criminal action One by which the State prosecutes a person for an act or omission punishable by law. CRIMINAL ACTIOIN

RULE 110 Prelim investi PROSECUTION OF OFFENSES REQU proper officer for the purpose of conducting the requisite preliminary investigation. (sec.1 Rule 110, Rules of Court) Preliminary investigation is NOT required

Criminal action is instituted either of two ways: a. Filing complaint or information directly with the MTC and MCTC;or b. Filing the complaint with the office of the prosecutor ↓ Prosecutor will investigate to determine probable cause ↓ If probable cause is present, file information in court If probable cause is NOT present, dismiss prosecutor ↓ Appeal to DOJ

Purpose: To determine the penal liability of the accused for having outraged the state with his crime. If he be found guilty, he shall be punished for it. Parties: People of the Philippines and the accused NOTE: The offended party is regarded merely as a witness for the state.

CRIMINAL PROSECUTION

Instituted once a complaint has been filed in the proper office or court as the case may be.

Instituted once the information is filed by the Prosecutor in court.

Generally bars the running of the prescriptive period of the offense.

No effect of institution.

SEC.1 INSTITUTION OF CRIMINAL ACTIONS The institution of a criminal action depends upon whether or not the offense is one which requires a preliminary investigation. Preliminary investigation is required for offenses where the penalty prescribed by law is at least 4 years, 2 months and 1 day or prision correctional in its medium period, without regard to fine. The RTC has jurisdiction over an offense punishable with imprisonment of more than 6 years, a period way above the minimum penalty for an offense that requires a preliminary investigation. MTC has exclusive jurisdiction over offenses punishable with imprisonment not exceeding 6 years.

The institution of the criminal action shall interrupt the period of prescription of the offense charged unless otherwise provided in special laws. (Sec.1, Rule 110, Rules of Court)

Q: Who must prosecute the criminal action? A: Under the direction and control of the public prosecutor. Even if there is a private prosecutor, the criminal action is still prosecuted under the direction and control of the public prosecutor. Public prosecutor, in the exercise of his functions, has the power and discretion to: a. Determine whether a prima facie case exists, b. Decide which of the conflicting testimonies should be believed free from the interference or control of the offended party and c. Subject only to the right against selfincrimination, determine which witnesses to present in court. Institution of criminal actions in Manila and other chartered cities A special rule prevail...