Crimpie2

• Criminal procedure


  Series of processes which criminal laws are enforced and by which the State prosecutes persons who violate penal laws
• Criminal procedure

  • Starts: commission of the crime/ the initial contact of the alleged lawbreaker with the justice machinery
  • Goal: harmonizing the governmental functions of maintaining and promoting law and order, while at the same time protecting the constitutional rights of its citizens
• Adversarial/Accusatorial system


  Judicial set-up in the Philippines where two contending parties (prosecution and defense) appear before court which hears them impartially and renders judgment after trial
• Inquisitorial system


  Court plays active role and is not limited to evidence presented before it
• Requirements of due process in a criminal proceeding

  • Court or tribunal trying case is properly clothed with judicial power to hear and determine the matter before it
  • Jurisdiction is lawfully acquired by it over the person of the accused
  • Accused is given opportunity to be heard
  • Judgment is rendered only upon lawful hearing
• Criminal Law

  Declares what acts are punishable
• Criminal Procedure


  Provides how the act is to be punished
• Jurisdiction over a criminal case

  • Determined by the allegations in the information
• Jurisdiction over the subject matter

  • Authority of a court to hear and decide a particular type of case, granted by law and determined by the law in effect at the time the case is filed, cannot be changed by amending the case information except when the law expressly allows it
• Objections to jurisdiction


  • Can be raised at any stage of the case, except if a party initially accepts the court's jurisdiction and participates in the case, they may be prevented from later challenging the court's jurisdiction
• Jurisdiction over the territory

  • Cases should be filed and heard in the court located in the municipality or territory where the crime occurred, or where any crucial part of the crime took place, with exceptions where the Supreme Court can order a change of venue or the Sandiganbayan can hold sessions anywhere
• Jurisdiction over the person of the accused

  • Obtained when they are arrested or voluntarily appear in court, voluntary appearance includes actions like filing a motion to dismiss, attending arraignment, participating in trial, or posting bail, but simply questioning the court's jurisdiction or filing a motion to dismiss a warrant doesn't count as voluntary submission
• Jurisdiction of Municipal Trial Court, Municipal Circuit Trial Court, Metropolitan Trial Court (MTC)


  • Violations of city or municipal ordinances within their area
  • Offenses with a maximum imprisonment of 6 years, regardless of additional penalties
  • Offenses punishable by a fine up to Php4,000
  • Property damage due to negligence
  • Violations of BP22 (Bouncing Checks Law)
  • Summary proceedings for traffic, rental, and municipal ordinance violations, and other cases with penalties of up to 6 months in jail or a fine of up to Php1,000, or both
  • Bail applications when no RTC judges are available
• Jurisdiction of Regional Trial Court (RTC)

  • Criminal cases not under any other court
  • Libel
  • Intellectual property violations
  • Election offenses
  • Money laundering (unless involving public officials)
  • Drug offenses
  • Certain cases involving minors
• RTC's appellate jurisdiction


  • Over Municipal Trial Court (MTC) decisions within its area, and exclusive jurisdiction over cases designated exclusively by the Supreme Court
• Jurisdiction of Sandiganbayan


  • Violations of RA3019 (AGCP), RA1379 (forfeiture), Chapter II Section 2 Title VII Book II of the RPC (bribery) where one or more of the accused are public officials in specified positions
  • Other offenses or felonies, whether simple or complexed with other crimes, committed by the public officials mentioned above, in relation to their office
  • Civil and criminal cases filed pursuant to and in connection with EO 1, 2, 14, and 14-A (1986)
• Jurisdiction of Court of Tax Appeals


  • Sole authority to hear criminal violations of tax laws if the amount involved is at least Php1M, exclusive appellate jurisdiction over other tax and tax collection cases
• Jurisdiction of Court of Appeals

  • Exclusive jurisdiction to annul RTC judgments and to hear appeals of final RTC judgments, except for cases under the jurisdiction of the Supreme Court
• Jurisdiction of Supreme Court

  • Appellate jurisdiction over SB, CTA, and CA decisions, automatic review of all criminal cases in which the penalty imposed is reclusion perpetua or higher
• Institution of criminal actions

  1. If preliminary investigation required (penalty prescribed by law is at least 4 years, 2 months, and 1 day) - file complaint with the proper officer for the purpose of conducting the requisite preliminary investigation

  2. For all other offenses - file: complaint or information directly with the MTC, 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
• Prescription of crimes

  In the Revised Penal Code (RPC) starts from the day the crime is discovered by the victim, authorities, or their representatives, and is interrupted by the "institution of criminal action" which includes the preliminary investigation or direct filing with the court
• Prosecution of criminal actions

  • All criminal prosecutions are under the direction and control of the public prosecutor (PP) who has the power to determine if there is enough evidence for a case, decide which witnesses to present, and may delegate prosecution to a private prosecutor but can take over at any time, even the Supreme Court cannot order against the PP's discretion, except in cases of grave abuse of discretion
• Prosecution by private prosecutor

  • A private prosecutor may intervene in the prosecution if the civil action is part of the criminal case, they can prosecute the case if authorized in writing by the Chief of the Prosecution Office or the Regional State Prosecutor, and if approved by the court, this authorization can be revoked or withdrawn
• Special rules for prosecution of private crimes and special laws

  • Adultery and concubinage cannot be prosecuted unless the offended spouse files a complaint, if the offended spouse forgives or pardons the guilty party, or if the offended spouse is involved in the offense, no prosecution can take place
  • For seduction, abduction, and acts of lasciviousness, only the offended party, her parents, grandparents, or guardian can file a complaint, if the offended party is a minor and unable to file a complaint, her parents, grandparents, or guardian may do so, if the offended party dies or becomes incapacitated without filing a complaint and has no known family or guardian, the State will initiate the action
  • Defamation related to these crimes can only be prosecuted if the offended party initiates the action, special laws have their own rules for prosecution
• Complaint


  Sworn written statement charging a person with an offense, subscribed by the OPP
• Information


  An accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court, confers jurisdiction on the court over the person accused and the subject matter of the accusation
• Requisites of a complaint or information

  • Name of the accused
  • Designation of the offense given by the statute
  • Acts or omissions complained of as constituting the offense, with (if any) qualifying and aggravating circumstances
  • Name of the offended party
• If the true name of the accused is unknown, a fictitious name can be used until the true name is revealed
• Not specifying the offense is not a serious problem if the facts clearly describe the crime being charged
• Not including the elements of the crime in the information is a serious flaw that would lead to the dismissal of the case
• If the qualifying circumstances are not mentioned, they cannot be considered in determining the penalty
• For a juridical person (like a corporation), just stating its known name is enough; there's no need to mention that it's a juridical person or how it's organized
• In property-related offenses where the victim's name is unknown, the property must be described clearly enough to identify the offense
• Using specific legal terms like "qualifying" is not required; what matters are the facts that describe the offense
• In People v. Bayabos, it was ruled that the information must include the elements of the crime, not just the technical term (like "hazing"). Not including these elements is a serious flaw that would lead to the dismissal of the case
• The complaint should include the name and any known nickname of the accused. If the true name is unknown, a fictitious name can be used until the true name is revealed
• In property-related offenses where the victim's name is unknown, the property must be described clearly enough to identify the offense. If the victim's name is later known, it should be added to the complaint
• Mistakes in identifying the victim are not a problem if the criminal act can still be identified correctly. However, in cases involving generic property descriptions, an error in identifying the victim is fatal
• Approximate date of the commission of the offense

  You don't have to give the exact date of the offense unless it's crucial. Just mention a date close to when it happened
• Place where the offense was committed

  The place where the offense happened should be mentioned if it's important for understanding the case, but it's not always necessary to be very specific