Crim Pro 13 September 2021
Crim Pro 13 September 2021
Crim Pro 13 September 2021
13 September 2021
Basic Concepts:
A proceeding whereby the state prosecutes a person for an act or omission punishable by law
Criminal proceeding – a proceeding before the trial court from the arraignment up to the rendition
of judgment
Crime – ac act or omission in violation of a public law (law promulgated by the state to govern
and maintain order in the society)
To secure a just, speedy and inexpensive disposition of every action and proceeding
- Liberal construction of the rules (rules must be interpreted in such a way that it provides
just, speedy and inexpensive disposition of every action and proceeding)
- Can be suspended if matters of life, liberty, honor and/or property are at stake
Systems of Criminal Procedure
1. Inquisitorial – the detection and prosecution of offenders are with the officials and
agents of the law and are not left with the initiative of private parties (may result to
torture or intimidation)
2. Accusatorial – the accusation is exercised by every citizen or by a member of the group
to which the injured party belongs
i. There is legal battle between the parties
ii. The supposed offender has the right to be confronted by his accuser
iii. There is presumption of innocence which the prosecution must
overcome
3. Mixed System – examination by the prosecutor’s office of the complaint or information
i. The holding of the trial after the finding of probable cause
ii. Proof of guilt beyond reasonable doubt must be established in order to
convict an accused
- Requiring proof of guilt beyond reasonable doubt necessarily means that mere suspicion
of the guilt of the accused, no matter how strong, should not sway judgment against him.
It further means that the courts should duly consider every evidence favoring him, and
that in the process the courts should persistently insist that accusation is not
synonymous with guilt; hence, every circumstance favoring his innocence should be fully
taken into account. That is what we must be do herein, for he is entitled to nothing less.
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- Without the proof of his guilt being beyond reasonable doubt, therefore, the presumption
of innocence in favor of the accused herein was not overcome
- Moral certainty is necessary (it does not mean such a degree of proof as, excluding the
possibility of error, produces absolute certainty
Criminal Jurisdiction
- It is the authority to hear and try a particular offense and impose punishment for it
Determinants
1. Geographical limits
2. Nature of action
Jurisdiction of the MTC, MeTC, MTCC, MCTC (collectively known as inferior courts)
1. Violations of City or Municipality ordinances committed within their respective territorial
jurisdictions.
2. Offenses punishable with imprisonment of not more than 6 years, regardless of the amount of
fine and other accessory penalties
3. All cases of damage to property through criminal negligence (reckless imprudence resulting to
damage to property)
Illustrative case
Dagul committed a crime which is under the jurisdiction of the MTC
Before the case was filed, the law on jurisdiction was amended and the crime was made cognizable
by the RTC
To which court should the case be filed?
The law in force at the time of the commencement of the criminal action determines the jurisdiction
of the court – Elvira Yu Oh vs CA, et. al. GR no. 125297 June 6, 2003
Venue
Two-fold nature
1. It determines the place where the criminal action is to be filed
2. It determines which court has jurisdiction to try and hear criminal case
Legal prescription
1. Refers to the time within which the criminal action must be instituted
2. Prescription is important because a criminal action cannot be filed prescription already sets
in
Rule: The institution of criminal action, whether for PI or for direct filing in court, interrupts the
prescriptive period for the crime
Exception: The prescriptive period for violations of special laws and municipal ordinances is interrupted
only if the complaint/information is filed in court.
Exception to the exception: If the special law/municipal ordinance provides that its prescriptive period is
interrupted by filing of the action either in the prosecutor’s office or in court
Rule: Criminal prosecutions cannot be enjoined because public interest requires that criminal acts be
immediately investigated and prosecuted for the protections of the society
Complaint
A sworn written statement charging a person with an offense, subscribed by the offended party, any
peace officer, or other public officer charged with the enforcement of the law violated (sec 3, rule 110,
rules of criminal procedure)
Information
Accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the
court (sec 4, rule 110)
Complaint
Complaint information
A sworn statement An accusation in writing
For private crimes For public crimes
Subscribed by either Subscried only by the prosecutor
1. Offended party
2. Peace officer
3. Public officer charged with the
enfocement of law
Filed either to the prosecutor office for the PI or Always filed in court
directly to the court
Filed by complainant Filed by prosecutor
Precedes the information Subsequent to complaint
1. Prosecutor (review)
2. DOJ secretary (appeal) -> Court of Appeals
3. Office of the president if penalty is death, reclusion perpetua or life imprisonment
Private Prosecutor
Represent the private offended parties
A. Private prosecutor may be allowed to prosecute a criminal case if the ff conditions present
1. There is no public prosecutor avail or if there is he is burdened with heavy work sched
2. An application to prosecute the case is made by the private prosecutor
3. Authority in writing by the chief of the prosecution office of the regional state prosecution
and
4. Approved by the court (authority must be in writing)
5. The prosecution of
Private crimes
- An offense wherein there is a private offended party
1. Adultery
2. Concubinage
3. Seduction
4. Abduction
5. Acts of lasciviousness
6. Defamation based on imputation of adultery, concubinage, seduction, abduction
This is allowed if the true name is unknown with an explanation to that effect
1. Sec. 7 of Rule 110 establishes the following rules in designating the name of the accused: (a) 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. (b) If his name cannot be ascertained, he must be
described under a fictitious name. A description of the accused under a fictitious name must be
accompanied by a statement that his true name is unknown. CHAPTER II PROSECUTION OF
OFFENSES (Rule 110) 85 (c) If later his true name is disclosed by him or becomes known in some
other manner, his true name shall be inserted in the complaint or information and in the records of the
case.
The accused should call the attention of the court for proper amendment or else he is estopped
especially if he she participated in proceedings