REMEDIAL LAW REVIEW 2

PART II
CRIMINAL PROCEDURE
OUTLINE-2018
Atty. Ramon S. Esguerra

I. GENERAL MATTERS-CRIMINAL JURISDICTION

A. Criminal Procedure and Criminal Law, distinguished
B. Definition of Criminal Jurisdiction
C. Basic Overview
a. Commission of Crime
b. Investigation and Evidence Gathering
c. Search and Seizure
d. Filing of a complaint
e. Preliminary Investigation/ Inquest (Appeal to Sec. of Justice)
f. Filing of information
g. Arrest
h. Bail
i. Arraignment and Plea
j. Pre-Trial
k. Trial
l. Promulgation of Judgment
m. New Trial or Reconsideration
n. Appeal
o. Execution of Judgment
D. Jurisdiction over Subject Matter from and Jurisdiction over the
Person of the Accused
E. Requisites for Exercise of Criminal Jurisdiction
F. Requirements for Transitory or Continuing Offenses
G. Jurisdiction of Criminal Courts
a. MTC, MeTC, MCTC
b. RTC
c. Sandiganbayan
i. P.D. 1606
ii. R.A. No. 7975
iii. R.A. No. 8249
CASES: 1. People v. Sandiganbayan, G.R. No. 169004, 15
September 2010
2. Serana v. Sandiganbayan, G.R. No. 162059, 22
January 2008
d. Venue
i. Venue; Jurisdictional in Criminal cases
ii. Venue for libel cases
1. If the offended party is a private individual
CASE: Bonifacio et al. v. RTC of Makati, Br. 129, G.R. No.
184800, 5 May 2010
2. If the offended party is a public officer

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 3. Venue for online libel cases under the Cyber-crime
Law
H. When Injunction may be issued to Restrain Criminal Prosecution

II. SEARCH AND SEIZURE

A. Nature of Search Warrant
B. Distinguish from warrant of arrest
C. Application for Search Warrant; where filed
a. See A.M. No. 10-3-10-SC, 18 October 2011 for Intellectual
Property Rights cases.
b. See Re: Proposed Rule on Search and Seizure in Civil Actions for
Infringement of Intellectual Property Rights (A.M. No. 02-1-06-
SC, 15 February 2012)
D. Requisites for Issuing Search Warrant
E. Service of Search Warrant
a. Period of validity
b. Right to break door or window to effect search
c. Search of house, room, premise, to be made in presence of
two witness
d. Time of making search
F. Probable cause
a. Probable cause in preliminary investigation (Rule 112, Sec. 1)
b. Probable cause in warrantless arrest (Rule 113, Sec. 5 )
G. Personal examination by Judge of the applicant and witnesses
H. Particularity of the place to be searched and things to be seized
a. Test of Particularity
I. Personal property to be seized
a. What may be seized
J. Exception to the Search Warrant Requirement
a. Instances when warrantless searches are allowed
i. As incident of lawful arrest
ii. Plain view Doctrine
iii. Search of moving vehicle
iv. Searches conducted in checkpoints
v. Consented warrantless searches
vi. Custom searches
CASE: Erwin Libo-on Dela Cruz v. People,
G.R. No. 209387, 11 January 2016
vii. Stop and frisk
CASE: Esquillo v. People, G.R. No. 182010, 25
August 2010
viii. In flagrante delicto
ix. Hot pursuit
x. Prisoners who has escaped from a penal
establishment
b. Remedies from unlawful search and seizure
i. Employ any means to prevent search
ii. File a criminal action against officer

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 iii. File a motion to quash the illegal search warrant
iv. File a motion to return seized things
v. File a motion to suppress evidence

III. PROSECUTION OF OFFENSES

A. Criminal Actions, How instituted
CASE: Girlie M. Quisay v. People of the Philippines,
G.R. No. 216920, 13 January 2016
B. Who may file crimes that cannot be prosecuted De Officio
a. Cases which cannot be filed De Officio
b. Offended parties who can file a complaint
C. Control of Prosecution
a. Prior to filing of a case
b. After a case is filed in court
CASE: People v. Jose C. Go, et al., G.R. No. 201644,
24 September 2014
D. Sufficiency of complaint or information
CASES: 1. Lito Corpuz v. People of the Philippines,
G.R. No. 180016, 29 April 2014
2. People of the Philippines v. Danilo
Feliciano, Jr. et al., G.R. No. 196735, 5 May
2014
3. People of the Philippines and AAA v.
Court of Appeals et al., G.R. No. 183652, 25
February 2015
4. People of the Philippines v. Edgardo Perez,
G.R. No. 208071, 09 March 2016
E. Designation of Offense
CASES: 1. Saludaga v. Sandiganbayan, et al., G.R. No.
184537, 23 April 2010
2. Silverina E. Consigna v. People, G.R. No.
17575051, 2 April 2014
3. Canceran v. People, G.R. No. 206442, 1 July
2015
4. Dungo, et al., v. People, G.R. No. 209464, 1
July 2015
5. People of the Philippines v. Raul Yamon,
G.R. No. 207816, 24 February 2016
F. Cause of the Accusation
a. Allegations required to safeguard the right to be informed
G. Duplicity of offense
H. Amendment or Substitution of Complaint or Information
a. Amendments in form and substance before plea
b. Amendment vs. substitution
CASE: Dr. Joel C. Mendez v. People, G.R. No.
179962, 11 June 2014
I. Venue of criminal actions
a. How venue is determined

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 b. When crime is continuing
c. Libel cases
d. Offense committed on railroad
e. Offense committed on a vessel
f. Offense committed outside the Philippines
J. Intervention of offended party
CASE: Leonardo A. Villalon, et al., v. Amelia Chan,
G.R. No. 196508, 24 September 2014

IV. PROSECUTION OF CIVIL ACTION

A. Rule on implied institution of Civil Action with Criminal Action
B. When civil action may proceed independently
a. Procedure for making the reservation
C. When separate civil action is suspended
D. Effect of the death of accused or convict on civil action (Rule 111,
Sec. 4)
a. Effect of judgment of civil case on the criminal action
CASE: Dr. Antonio P. Cabugao and Dr. Clenio Ynzon
v. People, G.R. No. 163879, 30 July 2014
E. Prejudicial question
a. Requisites of Prejudicial Question
b. Effect of prejudicial question
CASE: People v. Arambulo, G.R. No. 186597, 17
June 2015
F. Rule o filing fees in civil action deemed instituted with the
criminal action
G. Indemnity

V. PRELIMINARY INVESTIGATION
A. Nature of Right
B. Purpose of preliminary investigation
CASES: 1. Rodolfo M. Agdeppa v. Honorable Office
of the Ombudsman, G.R. No. 146376, 23
April 2014
2. People v. Omilig, G.R. No. 206296, 12
August 2015
3. Secretary Leila De Lima et al. v. Mario Joel
T. Reyes, G.R. No. 209330, 11 January 2016
4. Jessica Lucila Reyes v. The Honorable
Ombudsman, G.R. No. 212593-94; Jessica
Lucila Reyes v. The Honorable
Sandiganbayan and the People of the
Philippines, G.R. Nos.213163-78, 15 March
2016

C. Who may conduct determination of existence of probable cause

a. See, Omnibus Election Code and Ombudsman Act

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 CASE: Anlud Metal Recycling Corporation v. Ang,
G.R. No. 182157, 17 August 2015
b. Procedure of Preliminary Investigation
D. Resolution of investigating prosecutor
E. Review
a. Procedure of appeal to the Secretary of Justice from a
Resolution on Preliminary Investigation
CASES: 1. Harold Tamargo v. Romulo Awingan, et
al., G.R. No. 177727, 19 January 2010
2. Lee , et al. v. KBC Bank N.V., G.R. No.
164673, 15 January 2010
3. Secretary Leila De Lima et al. v. Mario Joel
T. Reyes, G.R. No. 209330
4. Jessica Lucila Reyes v. The Honorable
Ombudsman, G.R. No. 212593-94; Jessica
Lucila Reyes v. The Honorable
Sandiganbayan and the People of the
Philippines, G.R. Nos.213163-78, 15 March
2016

F. When warrant of arrest may issue

CASE: PDIC v. Hon. Casimiro, G.R. No. 206866, 2
September 2015
G. Cases not requiring a preliminary investigation
H. Remedies of accused if there was no preliminary investigation
a. Effect of denial of right to PI
I. Inquest
a. Definition of inquest

VI. ARREST
A. Arrest, how made
a. Constitutional requirements of arrest
B. Arrest without warrant, when lawful
a. In flagrante Delicto
CASES: 1. People v. Sembrano, G.R. No. 185848, 16
August 2010
2. AmadoSaraum v. People of the
Philippines, G.R. No. 205472, 25 January
2016
b. Entrapment vs. Instigation
c. Hot pursuit arrest
d. Arrest of escaped prisoner
e. Effect of failure to object to warrantless arrest
C. Method of arrest
a. By officer with warrant
i. Duties of the arresting officer
ii. Rights of the arresting officer
b. By officer without warrant

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 i. Duties of arresting officer without warrant
c. By private person
i. Duties of private person effecting an arrest
D. Requisites of a valid warrantless arrest
a. Instances when judge issues warrant of arrest
CASE: Erwin Libo-on Dela Cruz v. People of the
Philippines, G.R. No. 209387, 11 January 2016
E. Determination of probable cause for issuance or warrant of arrest
F. Distinguish probable cause of prosecutor from that of the judge
VII. BAIL
A. Nature
CASE: People of the Philippines v. Melchor D. Brita,
G.R. No. 191260, 24 November 2014
B. When matter of right; Exception
a. When bail is a matter of right (Rule 114, Sec. 4)
b. When right to nail not available
C. When bail is a matter of discretion
a. Before conviction, in offenses punishable by death, reclusion
perpetua or life imprisonment
CASES: 1. Enrile v. Sandiganbayan, G.R. No. 213847,
18 August 2015
2. Leviste v. Court of Appeals,G.R. No.
189122, 17 March 2010
3. People of the Philippines v. Glen Piad,
Renato Villarosa and Nilo Davis, G.R. No.
213607, 25 January 2016
b. Upon conviction by the RTC of an offense not punishable by
death, reclusion perpetua or life imprisonment
D. Hearing of application for bail in capital offenses
a. Duty to conduct hearing
b. Prosecution has the burden of proof
E. Guidelines in fixing the amount of bail. (Rule 114, Sec. 9)
F. Bail, when not required
G. Increase or reduction of Bail
H. Forfeiture and cancellation of Bail
a. Forfeiture of bail (Rule 114, Sec. 21)
b. Cancellation of bail (Rule 114, Sec. 22)
I. Application not a bar to objections in illegal arrest, lack of or
Irregular preliminary investigation
J. Hold departure order & Bureau of Immigration Watch list
a. DOJ Cir. No. 41-10 (25, May 2010)
b. See. SC Circular No. 39-97, 19 June 1997

VIII. RIGHTS OF THE ACCUSED

A. Rights of the accused at trial
a. Requisites of trial in absentia
b. Right against self-incrimination

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 CASE: Dela Cruz v. People, G.R. No. 200748, 23 July
2014
c. Right to speedy, impartial and public trial
B. Rights of persons under custodial investigation
CASE: People of the Philippines v. Jerry Pepino and
Preciosa Gomez, G.R. No. 174471, 12 January
2016
C. Double jeopardy
CASE: People v. Balunsat, G.R. No. 176743, 28 July
2010
D. Exceptions to the computation of time in relation to the right to
speedy trial

IX. ARRAIGNMENT AND PLEA

A. Arraignment and plea, how made
a. How arraignment made
i. In general
ii. If accused is under preventive suspension
B. When should plea of not guilty be entered
C. When may accused enter a plea of guilt to a lesser offense
D. Accused pleads guilty to capital offense, what the court should
do.
E. Searching inquiry
F. Improvident plea
G. Grounds for suspension of arraignment
CASES: 1.Gen. Ramiscal v. Sandiganbayan, G.R. No.
172476-99, 15 September 2010
2. Felilibeth Aguinaldo and Benjamin Perez v.
Reynaldo P. Ventus and Jojo B. Joson, G.R.
No. 176033, 11 March 2015

X. MOTION TO QUASH
A. Grounds (Rule 117, Sec. 1)
CASE: 1. Antone v. Beronilla, G.R. No. 183824, 8
December 2010
2. People of the Philippines v. Ireneo
Jugueta,G.R. No. 202124, 05 April 2016
B. Distinguish from demurrer to evidence
C. Effects of sustaining the motion to quash
a. Court order sustaining the motion
CASE: People v. Aquilino Andrade, et al., G.R. No.
187000, 24 November 2014
b. Remedies of the prosecution
D. Exception to the rule that sustaining the motion is not a bar to
another prosecution
E. Double jeopardy
a. Rule on double jeopardy
b. Kinds of double jeopardy

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 c. Requisites for first jeopardy to attach
d. Previous conviction for reckless imprudence resulting in
Slight Physical Injuries bars a second prosecution for
Reckless Imprudence resulting in Homicide and Damage to
property
CASE: Jason Ivler v. Judge Modesto- San Pedro, G.R.
No. 172716, 17 November 2010
F. Provisional dismissal
a. Definition
b. When dismissal becomes permanent
c. How to revive a case
d. Periods of reinstatement or revival
e. Requisite procedure (Rule 117, Sec 8)
f. Requisites for Provisional Dismissal

XI. PRE-TRIAL
A. Pre-trial order
a. When issued
b. Contents
c. Effects
B. Referral of some cases for court annexed mediation and judicial
dispute resolution
a. AM No. 03-1-09-SC

XII. TRIAL
A. Instances when presence of accused is required by law
B. Requisites before trial can be suspended on account of absence of
witness
a. Absence or unavailability of essential witness
C. Trial in absentia
a. Requisites
CASE: Napoleon Senit v. People of the Philippines,
G.R. No. 192914, 11 January 2016
D. Remedy when accused is not brought to trial within the
prescribed period
a. Effect of delay (Rule 119, Sec. 9)
E. Requisites for discharge of accused to become a state witness
F. Requisites for discharge of accused to become a state witness
a. Requisites (Rule 119, Sec. 17)
G. Witness protection program (R.A. No. 6981)
a. Admission in to the program (Sec. 3)
b. Witnesses in legislative investigations (Sec. 4)
c. Memorandum of Agreement With the person to be protected
(Sec. 5)
d. Breach of Memorandum of Agreement (Sec. 6)
e. Confidentiality of Proceedings (Sec. 7)
f. Rights and Benefits (Sec. 8)
g. State witness(Sec. 10)

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 h. Sworn Statement of a State Witness (Se. 11)
i. Effect of Admission of a State Witness into the Program (Sec.
12)
j. Failure or Refusal of the Witness to Testify (Sec. 13)
H. Judicial Affidavit Rule (A.M. No. 12-8-8-SC)
I. Demurrer to Evidence
a. Definition
b. How initiated (Rule 119, Sec. 23)
c. Motion for leave to file demurrer (Rule 119,Sec. 23)
d. Effects of granting the demurrer to evidence
CASES: 1. People v. Sandiganbayan and Basco, et al.,
G.R. No. 164577, 5 July 2010
2. GMA v. People, G.R. No. 220598; Aguas v.
Sandiganbayan, G.R. No. 220953, 19 July
2016
e. Effects of denial of motion for leave to file demurer
f. If Demurrer was filed with leave of court
g. If Demurrer was filed without leave of court
J. Reverse trial

XIII. JUDGMENT
A. Requisites of a judgment
B. Contents of a judgment
a. Conviction
b. Judgment for 2 or more offenses
c. Judgment in case of variance between allegation and proof
d. When an offense includes or is included in another (Rule
120, Sec. 5)
e. State liability for unjust conviction
i. See, R.A. No. 7309
ii. Who may file claims for compensation
C. Contents of a Judgment
a. Acquittal
b. The judgment of acquittal shall state whether
D. Promulgation of judgment; Instances of promulgation of
judgment in absentia
a. Promulgation
b. Notice of Promulgation
c. Sin perjucio judgment
d. Promulgation where the judge is absent
e. Presence of accused required in promulgation; exception
f. When judgment becomes in final; instances
CASE: Colinares v. People, G.R. No. 182748, 13
December 2011
E. When does judgment become final
a. When judgment of acquittal becomes final

XIV. NEW TRIAL OR RECONSIDERATION

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 A. Grounds for new trial (Rule 121, Sec. 3)
B. Grounds for reconsideration (Rule 121, Sec. 3)
C. Effects of granting a new trial or reconsideration ( Rule 121, Sec.6)
a. Specific effects when granted upon different grounds
i. Errors of law or irregularities committed during the
trial
ii. Newly-discovered evidence
D. Application of Neypes Doctrine in Criminal cases
CASE: Judith Yu v. Samson –Tatad, G.R. No. 170979,
9 February 2011

XV. APPEAL
A. Effect of an Appeal
CASE: People of the Philippines v. Godofredo
Comboy, G.R. No. 218399, 02 March 2016
B. Where to Appeal
C. How appeal taken (Rule 122, Sec. 9)
D. When Appeal to be taken (Rule 122, Sec. 6)
E. Effect of an Appeal by any of several accused
F. Grounds for dismissal of Appeal
G. Questioning an acquittal through a petition for Certiorari
CASE: People v. Asis, G.R. No. 173089, 25 August
2010
H. Representation during Appeal

XVI. PROVISIONAL REMEDIES IN CRIMINAL CASES

A. Nature
B. Kinds of Provisional Remedies
a. Attachment
b. Preliminary Injunction
c. Receivership
d. Delivery of Personal Property
e. Support Pendente Lite

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