Criminal Procedure The procedural steps through which a criminal case passes, commencing with the initial investigation of a crime and concluding with the unconditional release of the offender. The network of laws and rules which governs the procedural administration of criminal justice. The method prescribed by law for the apprehension and prosecution of persons accused of any criminal offense, and for their punishment, in case of conviction.

Sources of Criminal Procedure Rule 110 to Rule 127, of the Rules of Court of the Philippines 1987 Constitution of the Philippines International Law forms part of the law of the land Its application is limited only to the subject covered Various Acts passed by the legislature Presidential Decrees Administrative Circular Decisions of the Supreme Court

Criminal Law vs Criminal Procedure Criminal law is substantive it defines crimes, treats of their nature and provides for their punishment; Criminal procedure is remedial it provides for the method by which a person accused of a crime is arrested, tried and punished. Criminal Law declares what acts are punishable; Criminal Procedure provides how the act is to be punished.

Systems of Criminal Procedure

1. Inquisitorial The prosecution of crimes is wholly in the hands of the prosecuting officer and the court The procedure is characterized by secrecy Presences of the accused before the magistrate is not a requirement The magistrate may proceed with the inquiry and render judgment on the case even in the absence of the accused Judgment does not become final until it has been ratified and confirmed by the court of the last resort

ExampleThe preliminary examination conducted by a judge before the issues the warrant of arrest

2. Accusatorial Commenced by the complainant of the offended party, to be prosecuted by a public prosecutor Excluding private offenses Accused has the right to be present at any stage of the proceedings and to be heard personally or by counsel Trial is conducted publicly The right of the accused against self-incrimination is guaranteed Accused enjoys the presumption of innocence until his guilt is proved beyond reasonable doubt Parties has the right to appeal Judgment of the trial court does not require the official approval of the court of last resort before it may attain finality

3. Mixed SystemCommixture of the inquisitorial and accusatorial system

General Rule: A court proceeding is accusatorial or adversarial and not inquisitorial in nature.

General Rule: Rules governing criminal procedure ought to be construed liberally to protect the substantial rights of the accused.

Jurisdiction The power or the capacity given by the law to the court or tribunal to entertain, hear and determine certain controversies. The authority to hear and determine a cause The right to put on wheels of justice in motion and to proceed to the final determination of a cause upon the pleadings and evidence The power to hear and determine matters in controversy according to established law and to carry the sentence or judgment of the court in execution

General Rule: A court has no jurisdiction to punish contemptuous conduct committed against another court.

General Rule: Jurisdiction is conferred only by the Constitution or the law.

General Rule: The jurisdiction of the Court is determined by the law in force at the time of the institution of the action.

Venue The particular country, or geographical area, in which a court with jurisdiction may hear and determine a case The place of trial

Civil Cases: Venue can be waived or be the subject of an agreement

Criminal Actions: Venue cannot be waived or stipulated upon because it is an element of jurisdiction

General Rule: Venue is jurisdictional; an essential element of jurisdiction

Jurisdiction vs Venue Venue deals with the locality, the place where the suit may be had; jurisdiction treats of the power of the court to decide the case on merits Venue is procedural, jurisdiction is substantive

Actions of Court1. Without power or jurisdiction The act or judgment of the court is wholly void, and is as though it has not been done

2. May exercise it wrongfully Must be reversed upon error

3. May exercise it irregularly Must be corrected by motion

Substantive Law Law which creates, define and regulates rights or which regulates the rights and duties which give rise to a cause of action

Remedial or Procedural Law Law which prescribes the methods of enforcing rights or obtains redress for their invasion Purpose/Objective: to make the powers of the court fully and completely available for justice

Criminal Jurisdiction The power of the tribunal to hear and try a particular offense and impose the punishment for it Applied to criminal procedure

General Rule: A court has an abstract jurisdiction to try and decide criminal cases for crimes committed within its territorial jurisdiction but has no power to try and convict or acquit person, unless a complainant or information has been filed

Requisites of Criminal Jurisdiction (STP)1. The court must have jurisdiction over the subject matter The offense is one which the court is by law authorized to take cognizance of The power to hear and determine cases of the general class to which the proceedings in question belong and is conferred by the sovereign authority which organizes the court and defines its powers The courts jurisdiction in the first instance is determined by the facts alleged in the complaint

2. The court must have jurisdiction over the territory where the offense was committed The offense must have been committed within its territorial jurisdiction or where any of its essential ingredients took place

3. The court must have jurisdiction over the person of the accused The person charge with the offense must have been brought to its presence for trial, forcibly by warrant of arrest or upon his voluntary submission to the court Jurisdiction may be waived

How to Determine Criminal Jurisdiction Jurisdiction is determined by the fine and imprisonment prescribe by law On the basis of the facts as recited in the complaint or information constitutive of the offense chargedJurisdiction over Continuing Crimes

General Rule: The law authorizes the prosecution of a criminal action in the place where any of the essential ingredients of the offense took place. There should be plurality of acts performed separately during a period of time Unity of the penal provision infringed upon or violated Unity of criminal intent or purpose 2 or more violations of the same penal provision are united in one and the same intent leading to the preparation of the same criminal purpose or aim

General Rule: The court where the case was first filed acquires jurisdiction over the same to the exclusion of all other courts, provided it has custody of the accused or has first acquired jurisdiction over his person.

How to Determine Territorial Jurisdiction It is determined by the allegations in the information as to the situs (original place) of the crime and this determines, in first instance, whether said court has jurisdiction to try the case If the court subsequently dismisses the action upon proof that the offense was committed outside its territory, all proceedings prior thereto are valid.

Exceptions to Territorial Principle1. Where the offense was committed under the exceptional circumstances provided for in Article 2 of the Revised Penal Code While on a Philippines ship or airship Forge or counterfeit any coin or currency note of the Philippines or obligations and securities issued by the government Liable for acts connected with the introduction into these Islands of the obligations and securities Being public officers or employees in the exercise of their functions Crimes against national security and the law of nations

2. In cases of piracy Committed not against any particular state but against all mankind Punishable in the competent tribunal of any country where the offender may be found or into which he may be carried No territorial limits

3. Where the offense is committed on a railroad, train, in aircraft, or in any other public or private vehicle while in the course of its trip May be instituted and tried in the court of any municipality or territory where such vehicle passed during such trip, including the place of departure and arrival.

4. Where an offense is committed on board a vessel in the course of its voyage May be instituted and tried in the proper court of the first port of entry or any municipality or territory through which the vessel passed during such voyage subject to the generally accepted principles of international law.

5. Where the Supreme Court, in the interest of truth and impartial justice, transfers the place of trial from one place to another To avoid a miscarriage of justice

6. In cases of written defamation Shall be filed simultaneously or separately with the Court of First Instance of the province or city where the libelous article is printed and first published or where any of the offended parties resides at the time of the commission of the offense

Judicial Power The authority to settle justiciable controversies or disputes involving rights that are enforceable or demandable before the courts or justice or redress of wrongs for violations of such right

Legislative Function on Definition and Apportionment of Jurisdiction1. Defining enforceable and demandable right and/or prescribing remedies for violations thereof2. Determining the court with jurisdiction to hear and decide said controversies or disputes, in the forst instance or on appeal

Criminal Jurisdiction of Courts

a. Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial CourtsCoverage: All violations of city or municipal ordinances committed within their respective territorial jurisdiction All offenses punishable with imprisonment of not exceeding 6 years (prision correcional) irrespective of the amount of fine, and regardless of other imposable accessory or other penalty Offenses involving damage to property through criminal negligence Involving government officials and employees with salary grade below 27

b. Regional Trial CourtsCoverage: All criminal cases wherein the penalty provided by law is higher than 6 years Involving government officials and employees with salary grade below 27 Heinous crimes Violation of intellectual property rights Libel Cases Exercise appellate jurisdiction over all cases decided by MTC

c. Family CourtsCoverage: Criminal Cases where one or more of the accused or victims is below 18 years of age but not less than 9 years of age at the time of the commission of the offense Minors cognizable under the Dangerous Drugs Act Violations of Special Protection of Children against Child Abuse, Exploitation and Discrimination Act Domestic Violence against Women and Children

d. Court of AppealsCoverage: Issue writs of mandamus, prohibition, certiorari, habeas corpus, and quo warranto, and auxiliary writs of processes, whether or not in aid of its appellate jurisdiction Annulment of judgment of RTC All final judgments, decisions, resolutions, orders, or awards of RTC and quasi-judicial agencies, instrumentalities, boards, or commissions, except those falling within the appellate jurisdiction of the Supreme Court in accordance with the Constitution

e. SandiganbayanCoverage: Criminal and civil cases involving graft and corrupt practices and such other offenses committed by public officers and employees Officials of the executive branch with salary grade 27 and higher Appellate jurisdiction over final judgements, resolutions or orders of RTC involving graft and corrupt practices

f. Supreme CourtCoverage: All cases in which the constitutionality or validity of any treat, executive agreement, law, ordinance, or executive order or regulation is in question All cases involving legality of any tax, import, assessment, or toll, or any penalty imposed in relation thereto All cases in which the jurisdiction of any inferior court is in issue All criminal cases in which the penalty imposed is reclusion perpetua or higher All cases in which only an error or question of law is involved

g. Katarungang PambarangayCoverage: To bring the parties for amicable settlement of all disputes Failure to observe the conciliation process is not jurisdictional