criminal procedure

Jurisdiction

Authority of a court to hear, try, and decide a case.

Venue

The place where a criminal case is filed and tried.

Change of Venue

Allowed in the interest of justice, e.g., threat to impartial trial or safety.

Jurisdiction over Subject Matter

Conferred only by law, not by consent of parties.

Jurisdiction over the Person

Acquired by arrest or voluntary appearance of the accused.

Complaint

Sworn written statement by the offended party alleging an offense.

Information

Written accusation filed by a prosecutor in the name of the People of the Philippines.

Difference between Complaint and Information

Complaint—by offended party; Information—by prosecutor.

Private Offenses

Crimes that cannot be prosecuted without a complaint from the offended party.

Examples of Private Offenses

Adultery, concubinage, seduction, abduction, acts of lasciviousness, defamation imputing these crimes.

Purpose of Rule on Private Offenses

To protect the offended party’s privacy and honor.

Who May File an Information

Provincial or City Prosecutor, Assistant Prosecutor, Ombudsman, or authorized officer.

Sufficiency of Complaint or Information

It must contain all elements required under Rule 110, Sec. 6.

Element: Name of the Accused

Must state the name or description of the accused if name is unknown.

Element: Designation of the Offense

Must specify the offense and law violated.

Element: Acts or Omissions

Must clearly state what the accused did or failed to do.

Special Civil Actions

Civil cases governed by special procedural rules under Rules 62–71.

Examples of Special Civil Actions

Certiorari, Prohibition, Mandamus, Quo Warranto, Interpleader, Expropriation, Partition.

Nature of Special Civil Actions

Require specific grounds and procedures different from ordinary actions.

Filing Fees in Criminal Cases

No filing fee for criminal actions; only when civil damages are claimed separately.

Prejudicial Question

A civil issue that must first be resolved before proceeding with a related criminal case.

Effect of Prejudical Question

Suspends the criminal proceedings until the civil case is resolved.

Example of Prejudicial Question

Ownership dispute in a civil case affecting theft liability.

Preliminary Investigation

Inquiry to determine probable cause for filing a criminal case.

Purpose of Preliminary Investigation

To protect the innocent from baseless charges and determine if trial is warranted.

Degree of Proof Required

Probable cause—not proof beyond reasonable doubt.

Nature of Preliminary Investigation

Executive, not judicial in character.

Remedies after Preliminary Investigation

Motion for reconsideration, petition for review to DOJ or CA.

Inquest

Summary investigation for warrantless arrests.

Warrant of Arrest

Written order by a judge to take a person into custody to answer for an offense.

When Warrant May Issue

After judge personally determines probable cause.

No Warrant Required

If arrest is in flagrante delicto, hot pursuit, or escapee from custody.

Arrest

Taking a person into custody to answer for an offense.

Kinds of Arrest

With warrant or without warrant (3 instances).

Rights During Arrest

Right to remain silent, right to counsel, right to be informed of rights.

Bail

Security given for the release of a person in custody, ensuring appearance in court.

Bail as a Matter of Right

Before conviction for offenses not punishable by reclusion perpetua, life imprisonment, or death.

Bail as a Matter of Discretion

For offenses punishable by reclusion perpetua, life imprisonment, or death—court decides based on evidence of guilt.

Death Penalty

Now suspended under R.A. 9346.

Reclusion Perpetua

20 years and 1 day to 40 years imprisonment; no parole if indivisible.

Life Imprisonment

Indeterminate penalty under special laws, not in the RPC.

Search Warrant

Order in writing directing officers to search and seize property connected with an offense.

Requisites of a Valid Search Warrant

(1) Probable cause, (2) One specific offense, (3) Particular description of place and items, (4) Oath or affirmation.

Probable Cause for Search

Judge must personally determine after examining complainant and witnesses.

Admissibility of Evidence

Illegally obtained evidence is inadmissible (Exclusionary Rule).

Challenge to Search Warrant

Filed via motion to quash or motion to suppress evidence.

Writ of Habeas Corpus

Remedy to question the legality of one’s detention.

Writ of Amparo

Protects right to life, liberty, and security against unlawful acts or threats.

Writ of Habeas Data

Protects privacy by allowing access, correction, or deletion of personal data.

Writ of Kalikasan

Protects the right to a balanced and healthful ecology from large-scale environmental damage.