MANILA LAW COLLEGE

SYLLABUS IN CRIMINAL PROCEDURE

Assoc. Dean Christian “Kit” Villasis

A. ARREST

1. Arrest, how made

2. Arrest without warrant, when lawful
3. Method of arrest
a. By officer with warrant
b. By officer without warrant
c. By private person
4. Requisites of a valid warrant of arrest
5. Determination of probable cause for issuance of warrant of arrest

THE 1987 CONSTITUTION

Rep. Act No. 7438 Rights of Persons Arrested,

Detained or Under Custodial
Investigation

B. SEARCH AND SEIZURE

1. Nature of search warrant

2. Distinguish from warrant of arrest
3. Application for search warrant, where filed
4. Probable cause for issuance of search warrant
5. Personal examination by judge of the applicant and witnesses
6. Particularity of place to be searched and things to be seized

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 7. Personal property to be seized
8. Exceptions to search warrant requirement
a. Search incidental to lawful arrest
b. Consented search
c. Search of moving vehicle
d. Check points;
e. body checks in airport
f. Plain view situation
g. Stop and frisk situation
h. Enforcement of custom laws
9. Remedies from unlawful search and seizure

THE 1987 CONSTITUTION

A.M. No. 19-08-06-SC Rule on Administrative Search

and
Inspection under the Philippine
Competition Act

C. CYBERCRIME WARRANTS

a. Scope and applicability

b. General provisions
c. Preservation of computer data
d. Disclosure of computer data
e. Interception of computer data
f. Search, seizure, and examination of computer data
g. Custody of computer data
h. Destruction of computer data

A.M. No. 17-11-03-SC The Rule on Cybercrime

Warrants

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D. BAIL

1. Nature
2. When a matter of right; exceptions
3. When a matter of discretion
4. Hearing of application for bail in capital offenses
5. Guidelines in fixing amount of bail
6. Bail when not required
7. Increase or reduction of bail
8. Forfeiture and cancellation of bail
9. Application not a bar to objections in illegal arrest, lack of or
irregular preliminary investigation

A.M. No. 15-06-10-SC Revised Guidelines for

Continuous
Trial of Criminal Cases

A.M. No. 18-07-05-SC Rule on Precautionary Hold

Departure Order

E. PRELIMINARY INVESTIGATION

1. Nature of right
2. Purposes of preliminary investigation
3. Who may conduct determination of existence of probable cause
a. Distinguish: executive and judicial determination of probable
cause
4. Resolution of investigation prosecutor
5. Review
6. When warrant of arrest may issue
7. Cases not requiring a preliminary investigation
8. Remedies of accused if there was no preliminary investigation
9. Inquest

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A.M. No. 15-06-10-SC Revised Guidelines for
Continuous
Trial of Criminal Cases

F. PROSECUTION OF OFFENSES

1. Criminal actions, how instituted

2. Who may file them, crimes that cannot be prosecuted de oficio
3. Criminal actions, when enjoined
4. Control of prosecution
5. Sufficiency of complaint or information
6. Designation of offense
7. Cause of the accusation
8. Duplicity of the offense; exception
9. Amendment or substitution of complaint or information
10. Venue of criminal actions
11. Intervention of offended party

Administrative Circular No. 14-93 Katarungang Pambarangay

A.M. No. 15-06-10-SC Revised Guidelines for

Continuous
Trial of Criminal Cases

G. PROSECUTION OF CIVIL ACTION

1. Rule on implied institution of civil action with criminal action

2. When civil action may proceed independently
3. When separate civil action is suspended
4. Effect of the death of accused or convict on civil action
5. Prejudicial question
6. Rule on filing fees in civil action deemed instituted with the criminal
action
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H. PROVISIONAL REMEDIES IN CRIMINAL CASES

I. GENERALMATTERS AND JURISDICTION

1. Distinguish jurisdiction over subject matter from jurisdiction over

person of the accused
2. Requisites for exercise of criminal jurisdiction
3. Jurisdiction of various criminal courts
4. When injunction may be issued to restrain criminal prosecution

B.P. Blg. 129 The Judiciary Reorganization Act

as amended by: of
a. Rep. Act No. 9276 1980
b. Rep. Act No. 9252
c. Rep. Act No. 7902
d. Pres. Decree No. 1860

Pres. Decree No. 1606 Creating a Special Court to be

as amended by Known
Rep. Act No. 10660 as "Sandiganbayan" and for
Other
Purposes

A.M. No. 13-7-05-SB 2018 Revised Internal Rules of

the
Sandiganbayan

Resolution of the Court En Banc Revised Rules on Summary

Dated October 15, 1991 as Procedure
amended by
A.M. No. 02-11-09-SC

Rep. Act No. 8369 Family Courts Act of 1997

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as amended by
Rep. Act No. 9775

J. MOTION TO QUASH

1. Grounds
2. Distinguish from demurrer to evidence
3. Effects of sustaining the motion to quash
4. Exception to the rule that sustaining the motion is not a bar to
another prosecution
5. Double jeopardy
6. Provisional dismissal

A.M. No. 15-06-10-SC Revised Guidelines for

Continuous
Trial of Criminal Cases

K. ARRAIGNMENT AND PLEA

1. How made
2. When should plea of not guilty be entered
3. When may accused enter a plea of guilty to a lesser offense
4. Accused plead guilty to capital offense, what the court should do
5. Searching inquiry
6. Improvident plea

A.M. No. 15-06-10-SC Revised Guidelines for

Continuous
Trial of Criminal Cases

L. PRE-TRIAL

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 1. Matters to be considered during pre-trial
2. What the court should do when prosecution and offended party
agree to the plea offered by the accused
3. Pre-trial agreement
4. Non-appearance during pre-trial
5. Pre-trial order

A.M. No. 15-06-10-SC Revised Guidelines for

Continuous
Trial of Criminal Cases

M. TRIAL

1. Instances when presence of accused is required by law

2. Requisite before trial can be suspended on account of absence of
witness
3. Trial in absentia
4. Remedy when accused is not brought to trial within the prescribed
period
5. Requisites for discharge of accused to become a state witness
6. Effects of discharge of accused as state witness
7. Demurrer to evidence
8. Guidelines on continuous trial
a. Applicability
b. Prohibited and meritorious motions
c. Arraignment and pre-trial
d. Trial; memoranda
e. Promulgation

A.M. No. 15-06-10-SC Revised Guidelines for

Continuous
Trial of Criminal Cases

N. JUDGMENT
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 1. Requisites of a judgment
2. Contents of judgment
3. Promulgation of judgment; instances of promulgation of judgment
in absentia
4. Instances when judgment becomes final

A.M. No. 15-06-10-SC Revised Guidelines for

Continuous
Trial of Criminal Cases

O. NEW TRIAL OR RECONSIDERATION

1. Grounds for new trial

2. Grounds for reconsideration
3. Requisites before a new trial may be granted on ground of newly
discovered evidence
4. Effects of granting a new trial or reconsideration

P. APPEAL

1. Effect of an appeal
2. Where to appeal
3. How appeal taken
4. Effect of appeal by any of several accused
5. Grounds for dismissal of appeal

Rep. Act No. 9160 Anti-Money Laundering Act of

as amended by: 2001
a. Rep. Act No. 9194
b. Rep. Act No. 10167
c. Rep. Act No. 10365
d. Rep. Act No. 10927

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Rep. Act No. 9165, Comprehensive Dangerous
sec. 21 Drugs Act
as amended by Of 2002
Rep. Act No. 10640

Rep. Act No. 9262 Anti-Violence Against Women

as amended by and
Rep. Act No. 9710, their Children Act of 2004
sec. 41

Rep. Act No. 9372 Human Security Act of 2007

OTHER SOURCES (LAWS AND RULES)

THE 1987 CONSTITUTION

B.P. Blg. 129 The Judiciary Reorganization Act

as amended by: of
a. Rep. Act No. 9276 1980
b. Rep. Act No. 9252
c. Rep. Act No. 7902
d. Pres. Decree No. 1860

B.P. Blg. 881, Omnibus Election Code of the

Art. XXI Philippines

Pres. Decree No. 1083 Code of Muslim Personal Laws of

the
Philippines

Pres. Decree No. 1606 Creating a Special Court to be

as amended by Known

9
Rep. Act No. 10660 as "Sandiganbayan" and for Other
Purposes

Rep. Act No. 7160, Local Government Code of 1991

ch.2,sec. 19

Rep. Act No. 7438 Rights of Persons Arrested,

Detained,
or Under Custodial Investigation

Rep. Act No. 9160 Anti-Money Laundering Act of

as amended by: 2001
a. Rep. Act No. 9194
b. Rep. Act No. 10167
c. Rep. Act No. 10365
d. Rep. Act No. 10927

Rep. Act No. 9165, Comprehensive Dangerous Drugs

sec. 21 Act
as amended by Of 2002
Rep. Act No. 10640

Rep. Act No. 9262 Anti-Violence Against Women and

as amended by their Children Act of 2004
Rep. Act No. 9710,
sec. 41

Rep. Act No. 9372 Human Security Act of 2007

Rep. Act No. 10142 Financial Rehabilitation and

Insolvency Act of 2010

A.M. No. 13-7-05-SB 2018 Revised Internal Rules of

the Sandiganbayan

A.M. No. 19-08-06-SC Rule on Administrative Search

and Inspection under the
Philippine
Competition Act

10
Resolution of the Court En Banc Revised Rules on Summary
Dated October 15, 1991 as Procedure
amended by
A.M. No. 02-11-09-SC

Administrative Circular No. 14-93 Katarungang Pambarangay

A.M. No. 09-6-8-SC Rules of Procedure for

Environmental
Cases

A.M. No. 15-06-10-SC Revised Guidelines for

Continuous
Trial of Criminal Cases

A.M. No. 17-11-03-SC The Rule on Cybercrime

Warrants

A.M. No. 18-07-05-SC Rule on Precautionary Hold

Departure Order

NOTA BENE:

1. The classes shall be held online preferably via zoom, canvass,

moodle, or other duly acceptable online platform for the College of Law.

2. The class recitations shall also be conducted online.

3. The undersigned professor shall assign an average of at least

40 cases every meeting for digest of the entire class. The cases shall be
sent to the class before each scheduled meeting.

4. The undersigned professor shall play pre-recorded videos of his

lectures and TV guesting in some of the scheduled classes.

5. The undersigned professor shall send to the class additional

notes and review materials covering the assigned subjects.
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 6. All students are required to have notebooks (big size) for the
daily take home quizzes.

7. There shall be written/oral quizzes every scheduled meeting.

8. The undersigned professor shall hold a revalida at the end of

every major examination (preliminary, mid-term and final examinations).

9. A reference book and/or material shall be prescribed to the

students,

10. The class shall be required to prepare a project that will be

submitted before the end of the semester.

11. The students are required to prepare a Research Paper on a

specific assigned subject/topic that shall be submitted before the end of the
semester.

12. For purposes of coordination and communication, a Viber

Group for the entire class will be created.

Assoc. Dean Christian “Kit” Villasis

Professorial Lecturer

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