MSU – College of Law CRIMINAL PROCEDURE (JD 106) 1st Semester

CRIMINAL PROCEDURE 1 o While playing a significant role, it

also plays a role in the protection
CRIMINAL JUSTICE SYSTEM process:
 Prevention of abuse,
 Encompasses “a chain of events, activities, cruelty, discrimination,
tasks, or functions that constitute the official and exploitation;
response to perceived problems of law and  Assistance of offenders
order”, which includes: who enter the criminal
o Sentencing justice system; and
o Administration and enforcement of court  Assistance of the
offenders upon their
orders
reintegration to the
o Parole and other forms of license for
community
prisoners
 The Law Enforcement
o Work with offenders and ex-offenders in
o Involves government agencies
prison and in the community
charged with the enforcement of
 In the Philippines, it consists of a system of penal laws.
courts: o Primarily responsible for the
 Barangay justice system
investigation and determination
 Informal justice system
whether an offense has been
 Quasi-judicial bodies
committed
 Systems of law enforcement and
o Apprehension of alleged offenders
prosecution
for further investigation
 System of corrections and
 The Prosecution/ Prosecution Service
rehabilitation
o The National Prosecution Service
 Community
(NPS) is mandated to investigate
 Supreme Court Vision of the Criminal Justice
and prosecute penal violations
System:
o Collates and evaluates evidence in
o To provide the public an effective
the preliminary inquest
system or process in the community by
investigation and dismisses or files
which crimes are investigated, and the
the case in court as indicated
persons suspected thereof are akin in to
 The Courts
custody, prosecuted in court and
o Designated to handle and try the
punished if found guilty, with provision
being made for their correction and case and issue judgment after trial
rehabilitation, and to provide the people o To this group belongs the
the ability to seek and obtain a remedy following:
through formal or informal institutions, 1. Municipal Trial Court (MTC) – for
and in conformity with human rights crimes punishable by imprisonment
standards. not exceeding 6 years
2. Shari’a Circuit Courts – for criminal
KNOW THE 5 PILLARS OF JUSTICE violation of the Muslim Code
3. Regional Trial Courts (RTC) – for
 The Community crime punishable by imprisonment
o People and people’s organizations exceeding 6 years
o Institutions, government, and non- 4. Sandiganbayan – for crimes
government agencies and people’s committed by government officials
organizations that provide care and with salary grade 27 and above
assistance to the victims or 5. Court of Appeals – for appeals from
offended party. the decision of RTCs in criminal
cases
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MSU – College of Law CRIMINAL PROCEDURE (JD 106) 1st Semester

6. Supreme Court – for appeals from o Refer the complainant and other
the Court of Appeals, documents:
Sandiganbayan, and for the review  Investigation form
of decisions of the RTCs and  Referral letter
Sandiganbayan which include  Complaint-affidavits
reclusion perpetua.  Designation of Witnesses in Drugs
 Corrections/ Correctional System Cases
o Institutions mandated to  Suppletory Application
administer both correctional and  Effectivity
rehabilitation programs for the
offenders. RULES ON EXPEDITED PROCEDURES
o Programs that develop the IN THE FIRST LEVEL COURTS (A.M.
offenders or convicts’ abilities and NO. 08-8-7-C)
potentials and facilitate their
reintegration in the community,  Rule I - Applicability
o Various jails o First Level Courts are
o Municipal, City and Provincial Metropolitan Trial Courts,
Jails Municipal Trial Courts in Cities,
o Bureau of Corrections and other Municipal Trial Courts, Municipal
correction facilities Circuit Trial Courts
 Rule II – General Common Provisions
DOJ CIRCULAR NO.20 (MARCH 31,
2023) Prohibited - In civil cases, a
pleadings motion to dismiss the
 Policy on Pro-active Involvement of and complaint or the
Prosecutors in Case Build-Up motions statement of the claim
 Section 1: Policy - In criminal cases,
o All prosecutors shall take an active motion to quash the
role in the investigation of crimes complaint or
 Section 2: Quantum of Proof information
 Section 3: Scope - Motion to hear and/or
 Section 4: Close Coordination and resolve affirmative
Cooperation defenses
 Section 5. Evaluation, Case Build-up - Motion for a bill of
and Preliminary Investigation particulars
o Criminal complaints received by - Motion for new trial,
the prosecution office shall be for reconsideration of
evaluated within ten working days a judgment on the
to determine if the evidence is all merits, reopening of
there proceedings
o If the complaint is found to be - Petition for relief
lacking in evidence, the complaint from judgment
should be referred back with the - Motion for extension
following: of time to file
 Report on the result of pleadings, affidavits
the evaluation or any other paper
 Advice about lacking - Memoranda
evidence - Petition for certiorari,
 Directive to secure and mandamus, or
submit lacking evidence prohibition against
 Section 6: Inquest Cases

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MSU – College of Law CRIMINAL PROCEDURE (JD 106) 1st Semester

presented to prove the

any interlocutory plaintiff’s claim.
order issued by the  Summary of the
court statement in the judicial
- Motion to declare the affidavits
defendant in default  Documentary and other
- Dilatory motions for object evidence in
postponement. Any support of the
motion for allegations
postponement shall be  Facsimile numbers and
presumed dilatory e-mail addresses for
unless grounded in consent to service
acts of God, force o 4 – 5 calendar days from receipt of
majeure, or physical a new civil case
inability of a counsel  Grounds for immediate
or witness to dismissal of the case:
personally appear in o lack of subject matter
court jurisdiction
- Rejoinder o improper venue
- Third-party
o lack of legal capacity to sue
complaints
o litis pendentia
- Motion for complaint
in intervention o res judicata
- Motion to admit late o prescription
judicial affidavit/s, o failure to state a cause of
position papers, or action
other evidence, except o non-submission of a
on the ground of force certification against forum
majeure or acts of shopping
God o lack of compliance with a
- Motion for judicial condition precedent such as
determination for absence of barangay
probable cause in conciliation
criminal cases o 5 – rules on filing and service of
pleadings (Rule 13) and service of
summons (Rule 14) of the 2019
Amendments to the 1997 Rules of
 Rule III – The Rule on Summary
Civil Procedure
Procedure
o 6 – within 30 calendar days from
o 1 – the only pleadings allowed to
service of summons, the defendant
be files are the complaint,
shall file an answer to the
compulsory counterclaim, cross-
complaint
claim pleaded and reply
 Names of the affiants
o 2 – all cases must contain a
whose affidavits will be
statement of compliance, pursuant
presented to prove the
to Chapter VII, Title I, Book II of
defendant’s allegations
R.A. No. 7160
 Summary of statements
o 3 – the complaint shall contain the
in the judicial affidavits
following:  Documentary and other
 names of affiants whose objective evidence in
affidavits will be

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MSU – College of Law CRIMINAL PROCEDURE (JD 106) 1st Semester

support of the
allegations Affidavit
 Consents to service by
electronic means of Business of
facsimile lending

 Rule IV – The Rule on Small Claims Business of

banking
Term Meaning

COURTS AND ITS JURISDICTION

Plaintiff Refers to the party who initiated
a small claims action. Can also Court Jurisdiction
be a defendant who has filed a
counterclaim against a plaintiff
Supreme Court  original jurisdiction over
cases affecting ambassadors,
Defendant The party against whom the other public ministers and
plaintiff has filed a small claims consuls
action. Can also be a plaintiff to  petitions for certiorari,
whom a defendant has filed a prohibition, mandamus, quo
claim, or a person who replies to warranto, habeas corpus
the claim  review, revision, reverse,
modification, or affirm on
appeal
 constitutionality
Person An individual, corporation, cases, validity of
partnership, limited liability treaty, international
partnership, association, or other law, decrees, etc.
judicial entity endowed with  jurisdiction of any
personality by law lower court issue
 all criminal cases
with reclusion
perpetua.
Individual Natural person  all cases in which an
error of the law is
involved

Motion A party’s request, written or Family  Criminal cases where one or

oral, to the court for an order or more of the accused is below
other action. It shall include an (R.A. 8396 – An 18 but not less than 9 or
informal written request to the Act Establishing where one or more victims is
court such as a letter Family Courts, a minor at that time
Granting Them  Petitions for guardianship,
Exclusive custody of children
Original  Petitions for adoption of
Jurisdiction children and the revocation
Good cause Means circumstances sufficient Over Child and
to justify the requested order or thereof
Family Cases,  Complaints for annulment of
other action, as determined by Amending Batas
the judge marriage, declaration of
Pambansa Blg. nullity of marriage and those
129, As relating to marital status and
Amended, property relations of husband
Otherwise and wife or those of living

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MSU – College of Law CRIMINAL PROCEDURE (JD 106) 1st Semester

Known as Act together under different MTCCs, MTCs

of 1980, status and agreement involving enforcement or
Appropriating  Petitions for dissolution of (A.M. No. 09-6- violations of
Funds Therefor conjugal partnership of gains 8-SC – Rules of environmental and other
and For Other  Petitions for support and/or Procedure for related laws, rules, and
Purposes) acknowledgment Environmental regulations such as but
 Summary judicial Cases) not limited to the
proceeding brought under the following:
provision of E.O. 209  Act No. 3572
(Family Code) Prohibition Against
 Petitions for declaration of Cutting Tindalo,
status of children as Akil, and Molave
abandoned, dependent or Trees
neglected children  P.D. No. 705
 Petitions for voluntary or Revised Forestry
involuntary commitment of Code
children  P.D. No. 856
 Suspension, termination, or Sanitation Code
restoration of parental  P.D. No. 979
authority and other cases Marine Pollution
cognizable under P.D. 603, Decree
E.O. 56 (Series of 1986)  P.D. No. 1067
Water Code
 Petitions for the constitution
 P. D. No. 1151
of the family home
Philippine
 Cases against minors
Environmental
cognizable under the
Policy of 1977
Dangerous Drugs Acts (as
 P.D. No. 1586
amended)
Establishing an
 Violations of RA No. 7610 Environmental
(Special Protection of Impact Statement
Children Against Child System including
Abuse, Exploitation and Other
Discrimination Act” Environmental
 Cases of domestic violence Management
against women and children Related measures
and for Other
Purposes
Cybercrime  If any of the elements was
committed within the
(R.A. 10175 –  Original jurisdiction to issue
Philippine or committed with Court of
An Act Defining writs of mandamus,
the use of any computer Appeals
Cybercrime, prohibition,
system wholly or partly
Providing for certiorari, habeas corpus,
situated in the country, or
the Prevention, and quo warranto, and other
when by such commission
Investigation, ancilliary writs or processes
any damage is caused to a
Suppression and whether or not in aid of its
natural or juridical person
the Imposition appellate jurisdiction;
who, at that time the offense
of Penalties was committed, was in the  Actions for annulment of the
Therefor and for Philippines. RTCs
Other Purposes)  Exclusive appellate
jurisdiction over all other
final judgments, decisions,
resolutions, orders or awards
Environmental  Shall govern in RTCs, of Regional Trial Courts and

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MSU – College of Law CRIMINAL PROCEDURE (JD 106) 1st Semester

quasi-judicial agencies,
boards, commissions or
offices not falling within the
exclusive jurisdiction of the Specialized 1. Specialized Regional Courts
Supreme Court or other 2. Court of Tax Appeals
tribunals;
 Decisions of the
 Authority to receive other Commissioner of Internal
evidence and perform acts Revenue in cases involving
necessary for the resolution disputed assessments, refund
of factual issues raised in of internal revenue taxes,
cases falling within its fees or other charges,
original and appellate penalties imposed in relation
jurisdiction; thereof
 The power to —  Decisions of the
1. Decide cases or Commissioner of Customs in
resolve incidents cases involving liability for
deliberated upon customs duties, fees or other
by its members; money chargers; seizure,
2. Cite and punish detention or release of
for contempt any property affected; or to other
person guilty of matters
any contumacious
 In automatic review cases
act against the
where such decisions of the
Court, its
Commission of Customs
Division or any
favorable to the taxpayer is
member thereof
elevated to the Secretary of
in connection
Finance
with a case
 Decision of the Secretary of
cognizable by the
trade and Industry, in the
Division;
case of non-agricultural
3. Decide whether
product, commodity or
or not to give due
article, or the secretary of
course to original
Agriculture, in the case of
petitions,
agricultural product, in
including
connection with Ras No.
petitions for
8751 and 8752, (1999), Sec.
review; and
301(a) and (p), and R.A.
4. Subject to
8800
constitutional and
statutory  Criminal cases involving
requirements, violations of the National
adopt its own Internal Revenue Code and
rules in the the Tariff and Customs Code
conduct of  Decisions of the RTCs in
hearings, local tax cases
preparation of  Decisions of the Central
agenda, Board of Assessment
determination of Appeals in cases involving
cases and the assessment of taxation of
incidents and real property
rendition of  Collection of internal
decisions or revenue and customs duties
resolutions. (Sec. the assessments of which
3, Rule 2, have already become final
RIRCA)

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MSU – College of Law CRIMINAL PROCEDURE (JD 106) 1st Semester

3. Sandiganbayan settlement of the estate of

 Violations of R.A. No. 3019 deceased Muslims, probate
(Anti-graft and Corrupt of wills, issuance of letters of
Practices Act), R.A. No. administration or
1379, and chapter II, S. 2, appointment of
Title VII, Book II of the RPC administrators or executors
where one or more of the regardless of the nature or
accused are officials the aggregate value of the
occupying the following property
positions in the government:  Petitions for the declaration
 Officials of the executive of absence and death and for
branch, Regional directors or the cancellation or correction
higher, Grade 27 and higher of entries in the Muslim
 Members of Congress and Registries mentioned in Title
officials thereof classified as VI of Book Two of this code
Grade 27 and higher under  All actions arising from
the Compensation and customary contracts in which
Position Classification Act of the parties are Muslims, if
1989 they have not specified
 Members of the judiciary which law shall govern their
without prejudice to the relations
provisions of the  All petitions for mandamus,
Constitution prohibition, injunction,
 Chairmen and members of certiorari, habeas corpus, and
the Constitutional all other auxiliary writs and
Commissions, without processes in aid of its
prejudice to the provisions of appellate jurisdiction.
the Constitution  Petitions by Muslims for the
 All other national and local constitution of a family
classified as Grade 27 and home, change of name, and
higher under the commitment of an insane
Compensation and Position person to an asylum
Classification Act of 1989  All other personal and real
 Other offenses or felonies actions not mentioned in
whether simple or paragraph 1(d) wherein the
complexed with other crimes parties involved are Muslims
committed by the public except those for forcible
officials and employees entry and unlawful detainer
mentioned in subsection (a)  All special civil actions for
of this section in relation to interpleader or declaratory
their office relief wherein the parties are
 Civil and criminal cases filed Muslims of the property
pursuant to and in involved belongs exclusively
connection with E.O. Nos. to Muslims
1,2, 14, and 14-A, issued  Shari’a District Courts shall
1986. have appellate jurisdiction
over all cases tried in the
4. Sharia Courts Shari’a Circuit Courts within
 All cases involving custody, their territorial jurisdiction
guardianship, legitimacy,  The Shari’a District Court
paternity, and filiation shall decide every case
arising under the code appealed to it on the basis of
 All cases involving the evidence and records
disposition, distribution, and transmitted as well as such

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MSU – College of Law CRIMINAL PROCEDURE (JD 106) 1st Semester

memoranda, briefs, or oral compromise.

argument as the parties may
submit
LECTURE 1 - SEPTEMBER 11, 2023
5. Military Courts
 All officers and soldiers in INTRODUCTION
the active service of the AFP
or the Philippine  Criminal Procedure – the adjudication or
Constabulary expedited process of crimes
 All members of the reserved  Felony – act or omission punishable under the
force, from the dates of their Revised Penal Code
call to active duty and while  Jurisdiction under DC 20
on such active duty
o Criminal cases Including attempted
 All trainees undergoing
murder
military instruction
 Judicial Affidavit reviewed by the
 All other persons lawfully judge  prosecutor for preliminary
called, drafted, called into, or investigation
to duty or for training in the 1. Prima facie
said service 2. Reasonable cause
 Cadets, flying cadets, and  If inquest  waived by defendant
probationary second  preliminary investigation 
lieutenants subpoena for counter affidavit 
 General Courts-Martial court
 Crimes or offenses  “Venue of criminal law is jurisdictional”
punishable by R.A. 7055  Rules on Summary Procedure
 Special Courts-Martial o If sentence is less than or equal to 1 year
 Crimes or offenses not or 150k (such cases can be immediately
capital made punishable by submitted to the MTCs
7055 o Does not require preliminary
 Summary Courts-Martial investigation – crimes that are liable to 4
 Except an officer, cadet, or years and months or below
probationary second  st
1 level Courts – all crimes not exceeding 6
lieutenant. years
 RTCs – 6 years + 1 day
 Including defamation, libel, decree on
Katarungang  Cases punishable by intellectual property, and dangerous
Pambarangay imprisonment not exceeding drugs cases
thirty (30) days or a fine not o Prison coreccional – 6y+1d to 6y
exceeding Two Hundred o Reclusion temporal – 6y to 20y
Pesos (P200. 00). o Reclusion perpetua – 6y+1d to 40y+
 Offenses with maximum
penalty of 1 year and
exceeding fine five thousand RULE 110 – PROSECUTION OF
(p5,000.00); OFFENSES
 Offenses with no private
Section 1 Criminal actions shall be instituted as
party;
follows:
 Real properties in different 1. Offenses that require
cities or municipalities, preliminary investigation
disputes that need urgent pursuant to Sec. 1 of Rule 112:
legal action, labor disputes,  When the penalty prescribed
land disputes and action to is at least 4y, 2m, and 1d.
annul a judgment upon a 2. Other offenses that can be filed
directly to the MTC or MCTC.

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MSU – College of Law CRIMINAL PROCEDURE (JD 106) 1st Semester

Section 2 Shall be in writing, in the name of the 15 1. The criminal action shall be
People of the Philippines and against instituted and tried in the court
persons involved with the offense. of the municipality or territory
where it was committed
Section 3 A complaint - is a sworn written
2. If committed in a train, aircraft,
statement charging a person with an
or other public or private
offense, subscribed by the offended
vehicle while in the course of its
party, any peace officer or other public
trip, shall be instituted where
officer charged with the enforcement of
the vehicle passed during its
the law.
trip, including the place of
Section 4 Information – is an accusation in writing departure and arrival
charging a person with an offense, 3. If committed on board a vessel
subscribed by the prosecutor and filed in in the course of its voyage, shall
court. be tried in the court of the first
port of entry or any municipality
Section 5 Exceptions:
where it passed, subject to the
1. Adultery and concubinage – generally accepted principles of
must be filed by the offended international law
spouse 4. If outside the Philippines but
2. Seduction, abduction, and acts punishable under Art. 2 of the
of lasciviousness – unless filed Revised Penal Code
by the offended party
3. Defamation – by the offended RULE 111 – PROSECUTION OF CIVIL
party ACTION
Section 6 Sufficiency of complaint or information:
Section 1 The civil action for the recovery of civil
1. States the name of the accused
liability will be instituted with the
2. The designation of the offense
criminal action unless waived by the
given by the statute
offended party.
3. The acts of omissions
complained of as consulting the
offense If the civil action is filed ahead of the
4. The name of the offended party criminal action, the civil action shall be
5. The approximate date of the suspended and is instituted with the
commission of the offense criminal action. If the civil action is
6. The place where the offense was filed later than the criminal action, the
committed civil action shall be rendered separate
Section 1. In offenses against property – if from the criminal action.
12 unknown, must be described Section 3 In the cases of Articles 32, 33, 34 and
with such particularity as to 2176 of the Civil Code, the civil action
properly identify the offense may be pursued independently.
2. If the true name is disclosed, the
court must cause the true name Section 4 The death of the accused will
to be inserted in the extinguish the civil liability from the
complaint/information and the delict. However, their heirs may be
record substituted for the deceased without
3. If the offended is a juricidal requiring an executor.
person, it is sufficient to state
Section 5 Final judgment rendered in the criminal
the name or designation by
case will not absolve the defendant
which they can be identified
from the civil liability of the civil case.
Section A complaint must charge one offense,
Section 6 A petition may be submitted in the case
13 except when the law prescribes a single
of prejudicial question.
punishment for various offenses.
Section 7 Prejudicial question:
Section Place where action is to be instituted:

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MSU – College of Law CRIMINAL PROCEDURE (JD 106) 1st Semester

1. Previously instituted civil present but without the right to

action involves a similar or examine. They may submit
intimate issue to that raised questions to the officer that
in the criminal case may be asked to the party
2. Resolution of the issue concerned.
determines whether the 6. Within 10 days of the
criminal action can investigation, the officer shall
proceed. determine whether there is
ground for trial
Section 4 Resolution and review
1. If there is ground for trial, the
RULE 112 – PRELIMINARY prosecutor shall prepare a
INVESTIGATION resolution and information,
certifying under oath that by
Section 1 Preliminary investigation defined – is
the record they have personally
an inquiry or proceeding to determine
examined the complainant and
whether there is sufficient ground to
the witnesses.
engender a well-founded belief that a
2. Within 5 days of the resolution,
crime has been committed and should
the case will be forwarded to
be held for trial.
the provincial or city prosecutor
Section 2 Officers authorized: or to the Ombudsman or
1. Provincial/City Prosecutors and Sandiganbayan.
their assistants
2. Judges of MTCs and MCTCs
3. National/ Regional State
Prosecutors
4. Officers authorized by law
Section 3 Procedure
1. Complaint shall state the
address of the respondent and
followed by affidavits of the
complainant and his witnesses,
along with other supporting
documents. 2 official copies +
number of respondents.
2. Within 10 days, the
investigating officer will either
dismiss or issue a subpoena to
the respondent with the
affidavit copies
3. Within 10 days, the counter-
affidavit must be submitted
along with witnesses and
supporting documents.
4. If the respondent cannot be
subpoenaed or does not does
not submit counter-affidavit
within the 10-day period, the
investigating officer shall solve
the complaint based on
evidence
5. The investigating officer may
set a hearing if there are facts to
be clarified. The parties may

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