Criminal Procedure Part 1
Criminal Procedure Part 1
Criminal Procedure Part 1
and
COURT TESTIMONY
FOR
CRIMINOLOGY STUDENTS
Prosecutor I
Office of the Provincial Prosecutors of Misamis Oriental
Chapter I – CRIMINAL JURISDICTION
Learning Outcomes:
There are three (3) types of jurisdiction in criminal cases, they are:
The place where the crime was committed determines not only the
venue of the action but is an essential element of jurisdiction. It is a
fundamental rule that for jurisdiction to be acquired by courts in
criminal cases, the offense should have been committed or any one of its
essential ingredients should have taken place within the territorial
jurisdiction of the court. Thus, it cannot take jurisdiction over a person
charged with an offense allegedly committed outside of that limited
territory3.
Jurisdiction over the person of the accused, refers to the authority of the
courts to hold the person of the accused for trial for a criminal offense.
Jurisdiction over the person of the accused is acquired upon his arrest
or apprehension, with or without a warrant, or his voluntary
appearance or submission to the jurisdiction of the court6.
1. What is Jurisdiction?
Learning Outcomes:
7
Administrative Circular No. 14-93
8
http://accessfacility.org/barangay-justice-system-katarungang-pambarangay
Mediation
A complaint is filed in the Lupon (committee) at a minimal filing fee. The
Punong Barangay facilitates the mediation process and explains the
process, objectives and rules of the mediation. Each party is given time
to explain their point of view. If no settlement is reached following the
mediation, the parties can try to resolve their dispute through
conciliation.
Conciliation
The conciliators (Pangkat Tagapagkasundo) are known and respected
by both parties in the dispute, and are constituted by the Punong
Barangay from the Lupon. The three members of the Pangkat are
chosen by the parties. The Pangkat shall hear both parties and explore
the possibilities for amicable settlement.
If no settlement is reached, the parties can use a certification to file
action for filing a case in court.9
Exceptions:
9
Ibid.
10 Administrative Circular No. 14-93
12
Revised Penal Code of the Philippines
13 Sec. 27, IRR R.A. 9262
14 Sec. 47 par (o), Ibid
3. What are the cases that are not covered by the Katarungang
Pambarangay or Barangay Justice System?
Learning Outcomes:
Family Court
Drugs Court
SANDIGANBAYAN
18
A.M. No. 03-03-03-SC, June 21, 2016
19
OCA Circular No. 131-2019, July 23, 2019
20
A.M. No. 17-11-03-SC, July 3, 2018
1. What are the cases falling within the jurisdiction of the First Level
Courts?
The offended party, even if a minor, has the right to initiate the
prosecution of the offenses of seduction, abduction and acts of
lasciviousness independently of her parents, grandparents, or guardian,
unless she is incompetent or incapable of doing so. Where the offended
party, who is a minor, fails to file the complaint, her parents,
grandparents, or guardian may file the same. The right to file the action
granted to parents, grandparents or guardian shall be exclusive of all
other persons and shall be exercised successively in the order herein
provided, except as stated in the preceding paragraph. 25
PRELIMINARY INVESTIGATION
26 Ibid
27 Ibid
28 Sec.1, Rule 112, Supra Note 7
29 Ibid
(a) The complaint shall state the address of the respondent and
shall be accompanied by the affidavits of the complainant and his
witnesses, as well as other supporting documents to establish
probable cause. They shall be in such number of copies as there
are respondents, plus two (2) copies for the official file. The
affidavits shall be subscribed and sworn to before any prosecutor
or government official authorized to administer oath, or, in their
absence or unavailability, before a notary public, each of who
must certify that he personally examined the affiants and that he
is satisfied that they voluntarily executed and understood their
affidavits.
(b) Within ten (10) days after the filing of the complaint, the
investigating officer shall either dismiss it if he finds no ground to
continue with the investigation, or issue a subpoena to the
respondent attaching to it a copy of the complaint and its
supporting affidavits and documents.
(c) Within ten (10) days from receipt of the subpoena with the
complaint and supporting affidavits and documents, the
respondent shall submit his counter-affidavit and that of his
witnesses and other supporting documents relied upon for his
(e) The investigating officer may set a hearing if there are facts
and issues to be clarified from a party or a witness. The parties
can be present at the hearing but without the right to examine or
cross-examine. They may, however, submit to the investigating
officer questions which may be asked to the party or witness
concerned.
The hearing shall be held within ten (10) days from submission of
the counter-affidavits and other documents or from the expiration
of the period for their submission. It shall be terminated within
five (5) days.
(f) Within ten (10) days after the investigation, the investigating
officer shall determine whether or not there is sufficient ground
to hold the respondent for trial.30
The complaint or information must state the name and surname of the
accused or any appellation or nickname by which he has been or is
known. If his name cannot be ascertained, he must be described under a
fictitious name with a statement that his true name is unknown. 33
31 Sec. 6, Ibid
32 Ibid
33 Sec. 7, Supra Note 7
34 Sec. 9, Ibid
35 Sec 10, Ibid
36 Sec. 11, Ibid
(b) If the true name of the of the person against whom or against
whose properly the offense was committed is thereafter disclosed
or ascertained, the court must cause the true name to be inserted
in the complaint or information and the record.39
Prepare Affidavits and other documents for filing of complaint with the Prosecutor’s Office
Proceedings
Bring Affidavits and other supporting documents to the Prosecutor’s Office for
Notarization
Investigating Prosecutor may set the case for clarificatory hearing if needed (except if
under Summary Procedure), otherwise, Investigating Prosecutor will resolve the
complaint and issues information upon filing of probable cause or dismisses the case.
A copy of the resolution is furnished to the respondent and the complainant. Case
is raffled to a specific branch and set for arraignment. Accused has fifteen (15)
days to file a Motion for Reconsideration and if denied, accused may file a petition
for review with the Secretary of Justice, arraignment will be deferred for a period
of 60 days. Accused may post bail for his/her temporary liberty pending
arraignment, if applicable.