Rules of Criminal Procedure Reviewer PDF

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RULES OF CRIMINAL PROCEDURE Criminal Jurisdiction of Inferior Courts 1. violations of city or municipal ordinances committed within their respective territorial jurisdiction; and 2. offenses punishable with imprisonment not exceeding 6 years irrespective of the 1. amount of fine 2. other imposable accessory or other penalties 3. civil liability arising from such offenses or predicated thereon, irrespective of kind, nature, value or amount thereof 4. offenses involving damage to property through criminal negligence US v. Bernardo, 19 Phil 265 (1911) – repealed by Legados case; Inferior courts have no jurisdiction to over crimes that may require sentencing the accused to support the offspring from the crime, even if the period of imprisonment is within the jurisdiction of the inferior court. Legados v. de Guzman, 170 SCRA 357 (1989) MTC has exclusive original jurisdiction over all offenses where the penalty imposable does not exceed 4 years and 2 months (now 6 years) regardless of other imposable penalties and civil liability arising from such offense. Hence, the inferior courts have jurisdiction for simple seduction, even if the accused might be required to support the offspring from the crime. Jurisdiction of the Sandiganbayan 1. violations of the Anti-Graft and Corrupt Practices Act, Bribery under the RPC, forfeiture of properties unlawfully acquired by public officers, where one or more of the accused are officials occupying the following positions in the government, whether in a permanent, acting or interim capacity, at the time of the commission of the offense: 1. Officials of the executive branch occupying the positions of regional director and higher, otherwise classified as Grade ’27′ and higher, specifically including:

1) Provincial governors, vice-governors, members of the sangguniang panlalawigan, and provincial treasurers, assessors, engineers, and other city department heads; 2) City mayor, vice-mayors, members of the sangguniang panlungsod, city treasurers, assessors, engineers, and other city department heads; 3) Officials of the diplomatic service occupying the position of consul and higher; 4) Philippine army and air force colonels, naval captains, and all officers of higher rank; 5) Officers of the PNP while occupying the position of provincial director and those holding the rank of senior superintended or higher; 6) City and provincial prosecutors and their assistants, and officials and prosecutors in the Office of the Ombudsman and special prosecutor; 7) Presidents, directors or trustees, or managers of GOCCs, state universities or educational institutions or foundations. 1. Members of Congress and officials thereof classified as Grade ’27′ and higher 2. Members of the judiciary without prejudice to the provisions of the Constitution; 3. Chairmen and members of Constitutional Commission, without prejudice to the provisions of the Constitution; and 4. All other national and local officials classified as Grade ’27′ and higher. 5. Other offenses of felonies whether simple or complexed with other crimes committed by the public officials and employees mentioned in subsection a of this section in relation to their office. 6. Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986.

The Sandiganbayan shall exercise exclusive appellate jurisdiction over final judgments, resolutions or order of RTCs whether in the exercise of their own original jurisdiction or of their appellate jurisdiction as herein provided. The Sandiganbayan shall have exclusive original jurisdiction over 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 and over petitions of similar nature, including quo warranto, Provided, That the jurisdiction over these petitions shall not be exclusive of the Supreme Court.

6. 7. 8. 9.

when double jeopardy is clearly apparent where the court has no jurisdiction over the offense where it is a case of persecution rather than prosecution where the charges are manifestly false and motivated by the lust for vengeance 10. when there is clearly no prima facie case against the accused and a motion to quash on that ground has been denied 11. to prevent the threatened unlawful arrest of petitioners

[RULE 110] Criminal actions shall be instituted as follows:

Complaint

(a) For offenses where a preliminary investigation is required pursuant to section 1 of Rule 112, by filing the complaint with the proper officer for the purpose of conducting the requisite preliminary investigation. (b) For all other offenses, by filing the complaint or information directly with the Municipal Trial Courts and Municipal Circuit Trial Courts, or the complaint with the office of the prosecutor. In Manila and other chartered cities, the complaint shall be filed with the office of the prosecutor, unless otherwise provided in their charters. The institution of the criminal action shall interrupt the period of prescription of the offense charged unless otherwise provided in special laws General Rule: Criminal prosecution may not be restrained or stayed by injunction. Exceptions: 1. to afford adequate protection to the constitutional rights the accused 2. when necessary for the orderly administration of justice to avoid oppression or multiplicity of actions 3. when there is a pre-judicial question which is sub judice 4. when the acts of the officer are without or in excess authority 5. where the prosecution is under an invalid law, ordinance regulation

of

Information

Need not be sworn Sworn statement Signed by the offended party, peace Signed by the prosecutor officer, or public officer charged with [Abela v. Golez, 131 SCRA the enforcement of the law violated 12]

When public prosecutor participation is not enough (private offenses) 1. 2. 3. 4. 5. 6.

adultery concubinage seduction abduction acts of lasciviousness defamation which consists in the imputation of private offenses

or

Note that rape is no longer a private offense. It may now be prosecuted even without the initiation of the victim or her relatives.

of

Special rules for prosecution of private offenses

or

1. adultery and concubinage

1. complaint filed by the offended spouse (can not be filed by anyone else, even if the offended spouse died) 2. offended party has not consented to the offense or pardoned the offenders. 3. including all living guilty parties 4. seduction, abduction, and acts of lasciviousness 1. complaint filed by

4. specify its circumstances.

qualifying

and

Cause of the accusation – The acts or omissions complained of as constituting the offense and the qualifying and aggravating circumstances 1. must be stated in ordinary and concise language 2. not necessarily in the language used in the statute 3. in terms sufficient 1. to enable a person of common understanding to know

1) the offended party independently, unless she is incompetent or incapable 2) If the offended party is a minor and fails to file the complaint, successively and exclusively

1)

what offense is being charged

a)

her parents

2)

its qualifying and aggravating circumstances

b)

grandparents, or

c)

guardian 1. If the offended party dies or becomes incapacitated before she can file the complaint, and she has no known parents, grandparents or guardian, the State shall initiate the criminal action in her behalf. 2. the offender has not been expressly pardoned by any of them 3. defamation which consists in the imputation of private offenses – upon complaint filed by the offended party

Note in private offenses, the State can possibly file a case independent of the offended parties only in seduction, abduction and acts of lasciviousness. In adultery, concubinage, and defamation, the State can not file a case without a complaint by the offended party. Designation of the offense 1. Either 1. designation of the offense given by the statute, or 2. if there is no designation, reference to the section or subsection of the statute punishing it 3. aver the acts or omissions constituting the offense

aggravating

1. for the court to pronounce judgment. GR: Allegation that the offense was committed or some of its essential ingredients occurred at some place within the jurisdiction of the court is sufficient. Exceptions: the particular place where it was committed constitutes 1. an essential element of the offense charged or 2. is necessary for its identification People v. Mabuyo, 63 SCRA 532 (1975) Unless place of commission is an essential element of the crime, the accused may be convicted of a crime committed in a place other than the place alleged in the information, as long as such other place is still within the jurisdiction of the court. GR: Precise date the offense was committed not necessary. Exception: When it is a material ingredient of the offense. Rocaberte v. People, 193 SCRA 152 (1991) Facts: Rocaberte was charged with theft allegedly committed in a period of 7 years (1977-1983). He moves to quash on the ground that the information violated his right to be informed.

Held: A variance of several years in the allegations of the complaint is fatally defective and violative of the constitutional right to be informed. However, the remedy is to move for a bill of particulars, not a motion to quash.

1) the court shall dismiss the original case upon the filing of a new one charging the proper offense

GR: The person against whom or against whose property the offense was committed must be identified by

The court may require the witnesses to give bail for their appearance at the trial.

1. his name and surname, or 2. any appellation or nickname by which such person has been or is known, or 3. if the name of the offended party is unknown 1. a fictitious name; if true name subsequently ascertained, the true name shall be inserted in the complaint or information and record 2. In offenses against property, the property must be described with such particularity as to properly identify the offense. 3. averment that offended party is a juridical person or that it is organized in accordance with law is not necessary

In criminal procedure, venue is jurisdictional. In civil procedure, venue is procedural and may be waived.

Amendments 1. before accused enters his plea 1. as to anything which does not downgrade the charge or exclude any accused – without leave of court 2. downgrade the charge or excludes an accused – 1)

upon motion by the prosecutor

2)

with notice to the offended party

3)

with leave of court

2)

provided the accused would not be placed in double jeopardy

Venue 1. the court of the municipality or territory where the offense was committed or where any of its essential ingredients occurred. 2. if committed on board a vessel in the course of its voyage – the court of 1. the first port of entry or 2. any municipality or territory where the vessel passed during such voyage 3. if committed in any other vehicle in the course of its trip – the court of any municipality or territory where said vehicle passed during its trip, including the place of its departure and arrival. 4. Crimes committed outside of the Philippines but punishable under Article 2 of the RPC shall be cognizable by the court where the criminal action is first filed.

RULE 111 – PROSECUTION OF CIVIL ACTION a)

which shall state its reasons

b)

served on all parties, especially the offended party 1. after arraignment but before judgment 1. only as to form – with leave of court and when it can be done without causing prejudice to the rights of the accused. 2. wrong offense charged

Note that the provision requiring reservation of independent civil actions no longer exists. GR: Civil action deemed instituted with the criminal action. Exceptions: the offended party

1. waives the civil action 2. reserves his right to institute it separately 1. before the prosecution starts presenting its evidence and 2. under circumstances affording the offended party a reasonable opportunity to make such reservation 3. institutes the civil action prior to the criminal action

Effect of criminal action on separate civil action 1. If criminal action has been commenced earlier – separate civil action cannot be instituted until final judgment has been entered in the criminal action. 2. If the criminal action is filed after the separate civil action has already been instituted – 1. civil action suspended, in whatever stage it may be found before judgment on the merits, until final judgment (de Leon: not after judgment is entered?) is rendered in the criminal action. 2. civil action may, upon motion of the offended party, be consolidated with the criminal action in the court trying the criminal action

Exception to the Exceptions – No reservation to file a separate civil action for 1. violations of BP 22 shall be allowed. The criminal action for violation of BP 22 shall be deemed to include the corresponding civil action. 2. cases before the Sandiganbayan (Sec. 4, RA 8249) No counterclaim, cross-claim or third-party complaint may be filed by the accused in the criminal case, but any cause of action which could have been the subject thereof may be litigated in a separate civil action.

1) evidence already adduced in the civil action shall be deemed automatically reproduced in the criminal action 2)

without prejudice to the right of

a) the prosecution to cross-examine the witnesses presented by the offended party in the criminal case and Where the civil action has been filed separately and trial thereof has not yet commenced 1. it may be consolidated with the criminal action upon application with the court trying the criminal case 2. If the application is granted, the trial of both actions shall as consolidated the civil and criminal actions.

b) [de Leon: why in the world would the prosecution cross-examine the witnesses of the offended party? Aren’t they on the same side? I think this is a typographical error.] c)

the parties to present additional evidence.

3) the consolidated criminal and civil actions shall be tried and decided jointly.

Filing fees over 1. moral, nominal, temperate or exemplary damages 1. specified in the complaint or information – paid upon filing 2. not specified in the complaint or information – constitute a first lien on the judgment awarding such damages. 3. actual damages – none, unless otherwise provided in these Rules, e.g. amount of the check in violations of BP 22

1. During the pendency of the criminal action, the running of prescription of the civil action which cannot be instituted separately or whose proceeding has been suspended shall be tolled. 2. GR: The extinction of the penal action does not carry with it extinction of the civil action. 3. Exception: there is a finding in a final judgment in the criminal action that the act or omission from which civil liability may arise did not exist

PRELIMINARY INVESTIGATION (RULE 12) Preliminary investigation – 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.

a) If the judge still finds no probable cause despite the additional evidence, he shall, within 10 days from its submission or expiration of the said period, dismiss the case. b) When he finds probable cause, he shall issue a warrant of arrest, or a commitment order if the accused had already been arrested, and hold him for trial.

GR: Preliminary investigation required Exceptions: When preliminary investigation not required

c) If the judge is satisfied that there is no necessity for placing the accused under custody, he may issue summons instead of a warrant of arrest

1. Penalty is at most 4 years, 2 months when accused was lawfully arrested without a warrant (Sec. 7, Rule 112) Cases not requiring a preliminary investigation nor covered by the Rule on Summary Procedure 1. If filed with the prosecutor 1. the procedure outlined in section 3(a) of Rule 112 shall be observed 2. The prosecutor shall act on the complaint based on the affidavits and other supporting documents submitted by the complainant within 10 days from its filing. 3. If filed with the MTC, for an offense covered by this section 1. the procedure in section 3(a) of Rule 112 shall be observed 2. If within 10 days after the filing of the complaint or information, the judge finds no probable cause after personally evaluating the evidence or after personally examining in writing and under oath the complainant and his witnesses in the form of searching questions and answers 1)

he shall dismiss the same, or

2) require the submission of additional evidence, within 10 days from notice, to determine further the existence of probable cause.

ARREST (RULE 112) An arrest is made by 1. an actual restraint of a person to be arrested, or 2. by his submission to the custody of the person making the arrest. Procedure in execution of arrest warrants 1. The head of the office to whom the warrant of arrest was delivered for execution shall cause the warrant to be executed within 10 days from its receipt. 2. Within 10 days after the expiration of the period, the officer to whom it was assigned for execution shall make a report to the judge who issued the warrant. 1. If warrant was executed 1) the officer executing the warrant should arrest the accused and deliver him to the nearest police station or jail without unnecessary delay. 2) No violence or unnecessary force shall be used in making an arrest. 3) The person arrested shall not be subject to a greater restraint than is necessary for his detention.

4) arrest may be made on any day and at any time of the day or night. 1. If there was failure to execute the warrant – the officer to whom it was assigned for execution shall state the reasons therefore in his report Instances of warrantless arrests – a peace officer or a private person may, without a warrant, arrest a person 1. When, 1. 2. 3. 4.

in his presence, the person to be arrested has committed is actually committing, or is attempting to commit an offense; When 1. an offense has just been committed and 2. he has probable cause to believe, based on personal knowledge of facts or circumstances, that the person to be arrested has committed it 5. When the person to be arrested is a prisoner who has escaped 1. from a penal establishment or place where he is

1)

serving final judgment or

2)

temporarily confined while his case is pending 1. while being transferred from one confinement to another. 2. who escapes or rescued after being lawfully arrested (Rule 113, Sec. 13); 3. released on bail if he attempts to depart from the Philippines without leave of court

BAIL (RULE 114) Bail – 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

Bail may be given in the form of corporate surety, property bond, cash deposit, or recognizance All kinds of bail are subject to the following conditions: (a) The undertaking shall be effective upon approval, and unless cancelled, shall remain in force at all stages of the case until promulgation of the judgment of the Regional Trial Court, irrespective of whether the case was originally filed in or appealed to it; (b) The accused shal...