CHAPTER I: PRELIMINARY CONSIDERATIONS
1.
What
is Criminal Procedure?
-
"a generic term to describe the network of
laws and rules which governs the procedural administration of justice."
-
It regulates the steps by which one who
committed a crime is to be punished.
-
A proceeding whereby the State prosecutes a person for an act or
omission punishable by law
-
The method prescribed law for the apprehension and prosecution of
persons accused of any criminal offense and for their punishment, in case of
conviction
2.
What
is criminal procedure concerned with?
-
Criminal procedure is concerned with how the
crime will be heard, tried, punished, and proceed. It is the guardian to make
sure that the constitutional rights of the accused are respected.
-
Criminal procedure is concerned with the procedural steps through which
the criminal case passes, commencing with the initial investigation of a crime
and concluding with the unconditional release of the offender
3.
What
are the sources of criminal procedure?
·
Spanish Law of Criminal Procedure
·
General Order No. 58, dated April 23, 1900
·
Amendatory acts passed by the Philippine
Commission
·
The various quasi acts, the Philippine Bill of
1902, the Jones Law of 1916, the Tydings-McDuffie Law, and the Constitution of
the Philippines
·
The Rule of Court of 1940, and the 1964, 1985,
and 1988 Rules on Criminal Procedure
·
Various Republic Acts (RA 240, Judiciary Act, RA
8349 creating the Sandiganbayan, Speedy Trial Act)
·
Presidential Decrees
·
1987 Constitution, particularly Art. III Bill of
Rights
4.
What
are the three systems of criminal procedure?
(1) Adversarial/Accusatorial
-
The accusation is exercised by every citizen or
by a member of the group to which the injured party belongs
-
Two contending parties before the courts which
hears them impartially and renders judgment only after trial
-
has a two-sided structure consisting of the prosecution and the defense
where each side tries to convince the court that its position is the correct
version of the truth
-
the essence of the accusatorial system is the right to be presumed
innocent
-
The system of procedure used in our jurisdiction
(2) Inquisitorial
-
The detection and prosecution of the offenders are not left to the
initiative of private parties but to the officials and agents of the law
-
the court plays a very active role and is not
limited to the evidence presented before it
-
The court may utilize evidence gathered outside the court and a judge
or a group of judges under this system actively participates in the gathering
of facts and evidence instead of mere passively receiving information or
evidence from the parties
(3) Mixed
-
A combination of the inquisitorial and accusatorial systems
-
The examination of the defendants and other
persons before the filing of the complaint is inquisitorial
5.
Distinguish
criminal law and criminal procedure.
While criminal laws
define crimes and prescribe punishment for such crimes, criminal procedure lays
down the processes by which an offender is made to answer for the violation of
the criminal laws.
6.
How
are the rules of criminal procedure construed?
-
The rules on criminal procedure, being parts of the Rules of Court,
shall be "liberally construed in order to promote their objective of
securing a just, speedy and inexpensive disposition of every action and
proceeding." The rules of procedure must be viewed as tools to
facilitate the attainment of justice, such that any rigid and strict
application thereof which results in technicalities tending to frustrate
substantial justice must always be avoided.
-
The defendant in every criminal case is faced
with the full force of the State. To level the playing field, the rules on
criminal procedure are construed in favor of the defendant.
7.
What
is Jurisdiction?
-
Jurisdiction is the right to act or the power
and authority to hear and determine a cause.
-
The term imports the power and authority to hear
and determine issues of facts and of law, the power to inquire into the facts,
to apply the law and to pronounce the judgment.
-
The power or authority given by the law to a
court or tribunal to hear and determine certain controversies
-
It is the power of courts to hear and determine a controversy involving
rights which are demandable and enforceable
8.
Distinguish
jurisdiction from venue.
·
Venue
-
Particular country or
geographical area in which
a court with jurisdiction may hear or determine a case
·
Jurisdiction
-
Power of the
court to decide
a case on the merits
9.
What
is Criminal Jurisdiction?
Criminal
jurisdiction is the authority to hear and try a particular offense and impose
the punishment for it.
10.
What
are the elements of jurisdiction in criminal
cases?
1. Nature of the offense and the
penalty attached thereto
2. Fact that the offense has been
committed within the
territorial jurisdiction of the court
11.
What
are the requisites for a valid exercise of criminal jurisdiction?
(a)
Jurisdiction over the subject matter;
§
refers to the authority of the court to hear and
determine a particular criminal case
§
the power to hear and determine cases of the
general class to which the proceedings in question belongs
§
the power to deal with the general subject
involved in the action, and means not simply jurisdiction over the particular
case then occupying the attention of the court but jurisdiction of the class of
cases to which the particular case belongs
(b)
Jurisdiction over the territory;
§
requires that the offense must have been
committed within the court's territorial jurisdiction
§
In all criminal prosecutions, 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 ingredients took place.
(c) Jurisdiction over the person of the accused
§
refers to the authority of the court, not over the
subject matter of the criminal litigation, but over the person charged
§
requires that "the person charged with the
offense must have been brought in to its forum for trial, forcibly by warrant
of arrest or upon his voluntary submission to the court"
§
it was held that jurisdiction over the person of
the accused is acquired upon his arrest or apprehension, with or without a
warrant, or his voluntary appearance or submission to the jurisdiction of the
court
12.
Which
law determines the jurisdiction of the court – the law in force at the time of
the commission of the offense or the one in force as of the time when the
action is filed?
The statute in force at the time of the institution of the action
determines the jurisdiction of the court over the subject matter and not at the
time of its commission even if the penalty that may be imposed at the time of
its commission is less and does not fall under the court's jurisdiction.
13.
What
is adherence of jurisdiction?
The jurisdiction of the court is referred to as "continuing" in
view of the 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 The jurisdiction once vested, cannot be withdrawn
or defeated by a subsequent valid amendment of the information. It cannot also
be lost by a new law amending the rules of jurisdiction. A recognized exception
to this rule is when the statute expressly so provides, or is construed to the
effect that it is intended to operate upon actions pending before its
enactment. However, when no such retroactive effect is provided for, statutes
altering the jurisdiction of a court cannot be applied to cases already pending
prior to their enactment. As a result of the above rule, once a complaint or
information is filed in court, any disposition of the case such as its
dismissal or continuance rests on the sound discretion of the and even if the
prosecution files a motion to withdraw the information, the court may grant or
deny the same in the faithful exercise of judicial prerogative.
14.
If
during the proceedings, the court finds that it has no jurisdiction, how should
it proceed?
Where the court has no jurisdiction, lower courts should simply dismiss
the case. On the other hand, the SC and the CA may refer the case to the proper
jurisdiction.
15.
Can jurisdiction over the person of the
accused be waived?
Lack of jurisdiction over the person of the defendant may be waived
either expressly or impliedly. When a defendant voluntarily appears, he is
deemed to have submitted himself to the jurisdiction of the court. If he so
wishes not to waive this defense, he must do so seasonably by motion for the
purpose of objecting to the jurisdiction of the court; otherwise, he shall be
deemed to have submitted himself to that jurisdiction
16.
X was
charged in court with an offense. X
filed a motion to quash on the ground that the court had no jurisdiction over
his person because the arrest was illegal and because the information was
incomplete. Can X invoke lack of
jurisdiction of the court over his person?
No, X cannot invoke the lack of jurisdiction of the court. One who desires
to object to the jurisdiction of the court over his person must appear in court
for that purpose only, and if he raises other questions, he waives the
objection.
17.
Is
the presence of the accused necessary in order for the court to act on a
motion?
It is not
necessary for the
court to first
acquire jurisdiction over the person of the accused to act on a
motion, such as dismissing case or other relief. The outright dismissal of the case even
before the court acquires jurisdiction
over the person
of the accused
is allowed, except
in applications for bail, in which instance the presence of the accused
is mandatory.
18.
What
are classes of jurisdiction?
(a)
General jurisdiction
§
The power to adjudicate all controversies,
except those expressly withheld from the plenary powers of the court
(b)
Special jurisdiction
§
Which restricts the court’s jurisdiction only to
a particular cases and subject to such limitations as may be provided by the
governing law
(c)
Original jurisdiction
§
The power of the court to take judicial
cognizance of a case instituted for judicial action for the first time under
conditions provided by law
(d)
Appellate jurisdiction
§
The authority of the court higher in rank to
re-examine the final order, judgment or a lower court which tried the case now
elevated for judicial review
(e)
Exclusive jurisdiction
§
Power to adjudicate a case or proceeding to the
exclusion of other courts at that stage
(f)
Concurrent jurisdiction
§
Sometimes referred to as the coordinate
jurisdiction which is the power conferred upon different courts whether of the
same or different ranks, to take cognizance at the state of the same case in
the same or different judicial territories
(g)
Delegated jurisdiction
§
The grant of authority to inferior courts to
hear and determine cadastral and registration cases under certain conditions
(h)
Special jurisdiction
§
The power of the inferior courts to hear and
decide petitions for writ of habeas corpus or applications for bail in the
absence of all RTC judges in the province or city
(i)
Territorial jurisdiction
§
Refers to the geographical are within which its
powers can be exercised
19.
Jurisdiction
of the Supreme Court
The Supreme Court has both original and appellate jurisdiction. It
exercises original jurisdiction over cases affecting ambassadors, other public
ministers and consuls, and over petitions for certiorari, prohibition,
mandamus, quo warranto, and habeas corpus. (Art.
VIII, §5(1)). It also has original jurisdiction over writs of amparo,
habeas data and the environmental writ of kalikasan. It exercises appellate
jurisdiction to review, revise, reverse, modify, or affirm final judgments, and
orders of the lower courts in:
(a) All cases in which the constitutionality or validity of any treaty,
international or executive agreement, law, presidential decree, proclamation,
order, instruction, ordinance, or regulation is in question.
(b) All cases involving the legality of any tax, impost, assessment, or
toll, or any penalty imposed in relation thereto.
(c) All cases in which the jurisdiction of any lower court is in issue.
(d) All criminal cases in which the penalty imposed is reclusion perpetua
or higher.
(e) All cases in which only an error or question of law is involved. (Art. VIII, §5(1), (2))
20.
Jurisdiction
of the CA
The Court of Appeals exercises exclusive appellate jurisdiction over all
final judgments, decisions, resolutions, orders or awards of regional trial
courts and quasi-judicial agencies, instrumentalities, boards or commissions,
except for certain cases provided by law.
21.
What
is the jurisdiction of the Sandigabayan?
1.
Violations of Republic Act No. 3019, as amended,
otherwise known as the Anti-Graft and Corruption Practices Act, and Republic
Act No. 1379, and Chapter II, Section 2, Title VII, Book II of the Revised
Penal Code, 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:
(A)
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 (Republic Act No. 6758), specifically including:
(a)
Provincial governors, vice-governors, members of
the sangguniang panlalawigan, and provincial treasurers, assessors, engineers,
and other provincial department heads
(b)
City mayors, vice-mayors, members of the
sangguniang panlungsody 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
(f)
City and provincial prosecutors and their
assistants, and officials and 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
(B)
Members of Congress and officials thereof
classified as Grade "27" and up under the Compensation and Position
Classification Act of 1989
(C)
Members of the judiciary without prejudice to the
provisions of the Constitution
(D)
Chairmen and members of Constitutional
Commissions, without prejudice to the provisions of the Constitution
(E)
All other national and local officials
classified as Grade "27" and higher under the Compensation and
Position Classification Act of 1989.
2.
Other offenses or 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.
3.
Civil and criminal cases filed pursuant to and
in connection with Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986.
4.
Exercise exclusive appellate jurisdiction over
final judgments, resolutions or orders of regional trial courts whether in the
exercise of their own original jurisdiction or of their appellate jurisdiction
as herein provided.
5.
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, arising or that may arise in cases filed or which may be filed under
Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986: Provided, That the
jurisdiction over these petitions shall not be exclusive of the Supreme Court
23.
What
is the jurisdiction of Regional Trial Courts in criminal cases?
1.
Exclusive original jurisdiction in all criminal
cases not within the exclusive jurisdiction of any court, tribunal or body,
except those now 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 Supreme Court
4.
Jurisdiction over criminal cases under specific
laws
5.
Jurisdiction in money laundering cases
XPN to no. 5: Those committed by public officers and private persons who
are in conspiracy with such public officers shall be under the jurisdiction of
the Sandiganbayan
24.
What
is the jurisdiction of Municipal Trial Courts in criminal cases?
Except in cases falling within the exclusive original jurisdiction of
the Regional Trial Court and of the Sandiganbayan, 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
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
§
This rule disregarding the amount of the fine
and other accessory penalties in determining jurisdiction applies where the
offense is punishable by imprisonment or fine or both but not when the offense
is punishable by fine only.
§
MTC does not at all times have jurisdiction over
offenses punishable with imprisonment not exceeding six (6) years if
jurisdiction is vested by law either in the RTC or Sandiganbayan.
3.
Where the only penalty provided for by law is a
fine, the amount thereof shall determine the jurisdiction of the court under
the original provisions of B.P. 129 (Sec. 32[2]) which provided that the MTC
shall have exclusive original jurisdiction over offenses punishable with a fine
of not more than Four Thousand (P4,000.00) Pesos.
4.
Exclusive original jurisdiction over offenses
involving damage to property through criminal negligence
5.
Violations of B.P. 22
6.
Summary procedure in the following cases:
(a)
Violations of traffic laws, rules and
regulations, violations of the rental law; and violations of municipal or city
ordinances
(b)
All other criminal cases where the penalty
prescribed by law for the offense charged is imprisonment not exceeding six
months, or a fine not exceeding one thousand pesos (PI,000.00), or both,
irrespective of other imposable penalties, accessory or otherwise, or of the
civil liability arising therefrom
(c)
Offenses involving damage to property through
criminal negligence where the imposable fine does not exceed ten thousand pesos
P10,000.00
7.
Special jurisdiction to decide on applications
for bail in criminal cases in the absence of all RTC judges in a province or
city
25.
What
is the quantum of evidence required in Criminal Procedures?
In a criminal case, the accused is entitled to an acquittal, unless his
guilt is shown beyond reasonable doubt. Proof beyond reasonable doubt does not
mean such a degree of proof, excluding possibility of error, produces absolute
certainly. Moral certainly only is required, or that degree of proof which
produces conviction in an unprejudiced mind. (Rule 133, Sec. 2, ROC)
26.
Grounds
for suspension of the rules?
1.
Matters of life, liberty and honor, or property
2.
Existence of a special and compelling
circumstances
3.
Merits of the case
4.
Cause not entirely attributable to the fault or
negligence of the party favoured by the suspension of rules
5.
Lack of showing that the review sought is merely
frivolous
6.
Other party not unjustly prejudiced
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