criminal procedure
1. Jurisdiction
Authority of a court to hear, try, and decide a case.
2. Venue
The place where a criminal case is filed and tried.
3. Change of Venue
Allowed in the interest of justice, e.g., threat to impartial trial or safety.
4. Jurisdiction over Subject Matter
Conferred only by law, not by consent of parties.
5. Jurisdiction over the Person
Acquired by arrest or voluntary appearance of the accused.
6. Complaint
Sworn written statement by the offended party alleging an offense.
7. Information
Written accusation filed by a prosecutor in the name of the People of the Philippines.
8. Difference between Complaint and Information
Complaint—by offended party; Information—by prosecutor.
9. Private Offenses
Crimes that cannot be prosecuted without a complaint from the offended party.
10. Examples of Private Offenses
Adultery, concubinage, seduction, abduction, acts of lasciviousness, defamation imputing these crimes.
11. Purpose of Rule on Private Offenses
To protect the offended party’s privacy and honor.
12. Who May File an Information
Provincial or City Prosecutor, Assistant Prosecutor, Ombudsman, or authorized officer.
13. Sufficiency of Complaint or Information
It must contain all elements required under Rule 110, Sec. 6.
14. Element: Name of the Accused
Must state the name or description of the accused if name is unknown.
15. Element: Designation of the Offense
Must specify the offense and law violated.
16. Element: Acts or Omissions
Must clearly state what the accused did or failed to do.
17. Special Civil Actions
Civil cases governed by special procedural rules under Rules 62–71.
18. Examples of Special Civil Actions
Certiorari, Prohibition, Mandamus, Quo Warranto, Interpleader, Expropriation, Partition.
19. Nature of Special Civil Actions
Require specific grounds and procedures different from ordinary actions.
20. Filing Fees in Criminal Cases
No filing fee for criminal actions; only when civil damages are claimed separately.
21. Prejudicial Question
A civil issue that must first be resolved before proceeding with a related criminal case.
22. Effect of Prejudicial Question
Suspends the criminal proceedings until the civil case is resolved.
23. Example of Prejudicial Question
Ownership dispute in a civil case affecting theft liability.
24. Preliminary Investigation
Inquiry to determine probable cause for filing a criminal case.
25. Purpose of Preliminary Investigation
To protect the innocent from baseless charges and determine if trial is warranted.
26. Degree of Proof Required
Probable cause—not proof beyond reasonable doubt.
27. Nature of Preliminary Investigation
Executive, not judicial in character.
28. Remedies after Preliminary Investigation
Motion for reconsideration, petition for review to DOJ or CA.
29. Inquest
Summary investigation for warrantless arrests.
30. Warrant of Arrest
Written order by a judge to take a person into custody to answer for an offense.
31. When Warrant May Issue
After judge personally determines probable cause.
32. No Warrant Required
If arrest is in flagrante delicto, hot pursuit, or escapee from custody.
33. Arrest
Taking a person into custody to answer for an offense.
34. Kinds of Arrest
With warrant or without warrant (3 instances).
35. Rights During Arrest
Right to remain silent, right to counsel, right to be informed of rights.
36. Bail
Security given for the release of a person in custody, ensuring appearance in court.
37. Bail as a Matter of Right
Before conviction for offenses not punishable by reclusion perpetua, life imprisonment, or death.
38. Bail as a Matter of Discretion
For offenses punishable by reclusion perpetua, life imprisonment, or death—court decides based on evidence of guilt.
39. Death Penalty
Now suspended under R.A. 9346.
40. Reclusion Perpetua
20 years and 1 day to 40 years imprisonment; no parole if indivisible.
41. Life Imprisonment
Indeterminate penalty under special laws, not in the RPC.
42. Search Warrant
Order in writing directing officers to search and seize property connected with an offense.
43. Requisites of a Valid Search Warrant
(1) Probable cause, (2) One specific offense, (3) Particular description of place and items, (4) Oath or affirmation.
44. Probable Cause for Search
Judge must personally determine after examining complainant and witnesses.
45. Admissibility of Evidence
Illegally obtained evidence is inadmissible (Exclusionary Rule).
46. Challenge to Search Warrant
Filed via motion to quash or motion to suppress evidence.
47. Writ of Habeas Corpus
Remedy to question the legality of one’s detention.
48. Writ of Amparo
Protects right to life, liberty, and security against unlawful acts or threats.
49. Writ of Habeas Data
Protects privacy by allowing access, correction, or deletion of personal data.
50. Writ of Kalikasan
Protects the right to a balanced and healthful ecology from large-scale environmental damage.