CrimPro: Preliminary Considerations

 

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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