Criminal Procedure Review

These flashcards summarize critical concepts from the Criminal Procedure lecture, focusing on jurisdiction, appeals, and proceedings in criminal law.

What is the general rule regarding the jurisdictional defect caused by lack of signature and approval of the City Prosecutor in a criminal information?

Lack of signature and approval is not a jurisdictional defect but merely procedural and can be amended.

According to Section 3(b) of Rule 117, when can the court try a case?

The court can try a case only if it has jurisdiction over the offense charged.

What did the Court hold in Gomez Villa v. People regarding the lack of signature?

The court held that lack of signature is not a jurisdictional defect but a procedural issue that can be amended.

Who is considered the real party of interest in criminal proceedings?

The Office of the Solicitor General (OSG) is the real party of interest in criminal proceedings.

What must the accused do in order to file a motion to quash?

The accused is the only one who may file a motion to quash the complaint or information.

What is required to establish venue in a criminal case?

The complaint or information must allege that the offense was committed or essential ingredients occurred at a place within the jurisdiction of the court.

What is the rule regarding subject matter jurisdiction of a court in a criminal case?

Subject matter jurisdiction is measured by the law in effect at the time of commencement of action.

In what kind of cases does Section 7 of RA 9262 state jurisdiction is vested?

Jurisdiction for cases of violence against women and their children is vested on the RTC.

What does the Tijam v. Sibonghanoy ruling state about jurisdiction and double jeopardy?

Jurisdiction, once acquired, is not lost upon the instance of the parties but continues until the case is terminated.

What must be proven regarding venue in a case under the Violence Against Women and Children Act?

The place of commission must be proven during trial; mere allegation is insufficient.

How can a fugitive regain standing in court?

A fugitive can restore standing by voluntary surrender.

What is the process for declaring someone a fugitive from justice?

The court must issue a warrant of arrest, which, if not executed due to the accused being outside jurisdiction, may lead to a declaration of fugitive status.

What is the significance of the ruling in Tambao v. People regarding appeals?

It establishes that a defendant's right to appeal may be relaxed to serve substantial justice under specific circumstances.

What is required for an appeal to be filed regarding civil liability of the accused?

The private complainant must allege the specific pecuniary interest related to civil liability.

What does Rule 121 state about modification of a judgment of conviction?

A judgment of conviction may be modified or set aside before it becomes final, upon the motion of the accused.

What happens when an accused dies pending appeal?

The death of the accused extinguishes criminal liability but does not bar claims for civil liability.

What must a party do to appeal a judgment or final order according to Rule 122?

The party must file a notice of appeal with the court which rendered the judgment or final order.

Under what conditions can a recantation be considered as newly discovered evidence?

A recantation can be recognized as newly discovered evidence if the person who recanted is not ignorant of the actions taken and did not risk prosecution for perjury.