CRIMINAL PROCEDURE

and
COURT TESTIMONY

FOR

CRIMINOLOGY STUDENTS

Compiled and Written by

Atty. Charissa Kay B. Alvarez-Pabatao, REB

Prosecutor I
Office of the Provincial Prosecutors of Misamis Oriental
Chapter I – CRIMINAL JURISDICTION

Lesson 1 - JURISDICTION IN CRIMINAL CASES

Learning Outcomes:

At the end of the lesson, you should be able to:

1. Know and understand the importance of Jurisdiction in

criminal cases;
2. Know the different types of Jurisdiction in criminal cases;
3. Know and apply the different types of jurisdiction in
criminal cases
4.

Jurisdiction is defined as the power to hear, try and decide a case1.

There are three (3) types of jurisdiction in criminal cases, they are:

1. Jurisdiction over the territory;

2. Jurisdiction over the subject matter; and
3. Jurisdiction over the person of the accused.

1 Zamora vs. CA (183 SCRA 279)

Atty. Charissa Kay B. Alvarez-Pabatao, REB

JURISDICTION OVER THE TERRITORY

A very important principle in relation to jurisdiction over the territory is

that, in criminal cases, venue is jurisdictional and a court is bereft of
jurisdiction to try an offense committed outside its limited territory2.

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.

In order to determine jurisdiction over the territory, the following rules

shall be applied:

(a) Subject to existing laws, the criminal action shall be instituted

and tried in the court of the municipality or territory where the
offense was committed or where any of its essential ingredients
occurred.

(b) Where an offense is committed in a train, aircraft, or other

public or private vehicle while in the course of its trip, the
criminal action shall be instituted and tried in the court of any
municipality or territory where such train, aircraft or other
vehicle passed during such its trip, including the place of its
departure and arrival.

(c) Where an offense is committed on board a vessel in the course

of its voyage, the criminal action shall be instituted and tried in
the court of the first port of entry or of any municipality or

2 Willard B. Riano, Criminal Procedure (The Bar Lecture Series) p. 25

3 Ibid

Atty. Charissa Kay B. Alvarez-Pabatao, REB

 territory where the vessel passed during such voyage, subject to
the generally accepted principles of international law.

(d) Crimes committed outside the Philippines but punishable

under Article 2 of the Revised Penal Code shall be cognizable by
the court where the criminal action is first filed. 4

JURISDICTION OVER THE SUBJECT MATTER

Jurisdiction over the subject matter or jurisdiction over the offense

charged, refers to the authority of the court to hear and determine a
particular criminal case. It is the authority to hear and try a particular
offense and impose the punishment for it or that the offense is one
which the court is, by law, authorized to take cognizance of 5.

It is the law that confers jurisdiction, it exists as a matter of law. When

the law confers jurisdiction, that conferment must be clear.

JURISDICTION OVER THE PERSON OF THE ACCUSED

In criminal proceedings, it is not sufficient for the court to acquire

jurisdiction over the subject matter. It also needs to acquire jurisdiction
over the person of the accused.

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.

4Sec. 15, Supra Note 7

5 Antipordo, Jr. vs. Garchitorena, 321 SCRA 551,558
6 Valdepeñas vs. People 16 SCRA 871, 875

Atty. Charissa Kay B. Alvarez-Pabatao, REB

Strictly speaking, jurisdiction over the person of the accused if acquired
by the court upon the arraignment of the accused. Although the accused
has already been arrested or he voluntarily surrendered himself, if he
has not yet been arraigned, trial of the case cannot begin.

Activity: 1.1. Remembering

1. What is Jurisdiction?

2. What are the three (3) types of Jurisdiction in Criminal Cases

Atty. Charissa Kay B. Alvarez-Pabatao, REB

Lesson 2 - Katarungang Pambarangay

Learning Outcomes:

At the end of the lesson, you should be able to:

1. Know and understand the importance of the Katarungang

Pambarangay or Barangay Conciliation;
2. Know how a Katarungang Pambarangay works;
3. Know what cases should undergo Katarungang
Pambarangay or Barangay Conciliation;

Barangay Justice System (Katarungang Pambarangay) 7

The barangays are the smallest political subdivisions in the Philippines.

The Katarungang Pambarangay (KP) or Barangay Justice System (BJS) is
an alternative, community-based mechanism for dispute resolution of
conflicts between members of the same community.
The BJS provides a venue for disputing parties to search for a mutually
acceptable solution. Other members of the communities act as
intermediaries, facilitating the discussion of possible solutions.
The BJS formalized the Filipino tradition to seek help of community
elders or tribe leaders in resolving disputes between members of the
same community, and uses the Punong Barangay (highest elected
official in a barangay) and the Lupon members (committee of respected
community members).
It is only when the BJS has failed to resolve the dispute that the parties
are allowed to bring their case to court.8

7
Administrative Circular No. 14-93
8
http://accessfacility.org/barangay-justice-system-katarungang-pambarangay

Atty. Charissa Kay B. Alvarez-Pabatao, REB

How does the Katarungang Pambarangay work?

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

COVERAGE OF BARANGAY CONCILIATION10

Covers all disputes. It is a precondition before the filing of a criminal

complaint.

Exceptions:

1. Offenses with penalty of imprisonment of more than 1 year

or a fine of P5,000.00;

2. Offenses where there is no private offended party;

9
Ibid.
10 Administrative Circular No. 14-93

Atty. Charissa Kay B. Alvarez-Pabatao, REB

 3. Parties actually reside in different cities or municipalities, in
these case, parties may avail of conciliation if barangays
adjoin each other and they both agree;

4. Requires urgent legal action, to wit:

a. Accused is under police custody or detention;
b. Actions that may be barred by Statute of Limitations.

Statute of Limitations - is a law that sets the

maximum time the parties involved have to initiate
legal proceedings from the date of an alleged offense,
whether civil or criminal.11

Article 90. Prescription of crime. - Crimes punishable

by death, reclusion perpetua or reclusion temporal
shall prescribe in twenty years.

Crimes punishable by other afflictive penalties shall

prescribe in fifteen years.

Those punishable by a correctional penalty shall

prescribe in ten years; with the exception of those
punishable by arresto mayor, which shall prescribe in
five years.

The crime of libel or other similar offenses shall

prescribe in one year.

The crime of oral defamation and slander by deed

shall prescribe in six months.

Light offenses prescribe in two months.

When the penalty fixed by law is a compound one, the

highest penalty shall be made the basis of the
11
https://www.investopedia.com/terms/s/statute-of-limitations.asp

Atty. Charissa Kay B. Alvarez-Pabatao, REB

 application of the rules contained in the first, second
and third paragraphs of this article. (As amended by
RA 4661, approved June 19, 1966)12.

5. R.A. 9262 Cases

a. A Punong Barangay, Barangay Kagawad, or the court

hearing an application for a protection order shall not
order, direct, force or in any way unduly influence the
applicant to compromise or abandon any of the reliefs
sought in the application for protection order.

Law enforcers and other government personnel shall

not mediate or conciliate or influence the victim-
survivor or applicant for a protection order to
compromise or abandon the relief sought. 13

Barangay Officials shall not attempt to influence the

victim-survivor to abandon her claims. All forms of
amicable settlement under the Katarungang
Pambarangay such as mediation, settlement,
conciliation, arbitration shall not apply to cases of
VAWC in the Act14

6. Cases involving minor children, whether as victims or as

Children in Conflict with the Law, if applicable;

12
Revised Penal Code of the Philippines
13 Sec. 27, IRR R.A. 9262
14 Sec. 47 par (o), Ibid

Atty. Charissa Kay B. Alvarez-Pabatao, REB

Activity: 2.1. Remembering

1. What role does the Katarungang Pambarangay or Barangay

Justice System play in the criminal justice system?

2. How does the Katarungang Pambarangay or Barangay Justice

System work?

3. What are the cases that are not covered by the Katarungang
Pambarangay or Barangay Justice System?

Atty. Charissa Kay B. Alvarez-Pabatao, REB

Lesson 3 - CRIMINAL JURISDICTION OF TRIAL COURTS

Learning Outcomes:

At the end of the lesson, you should be able to:

1. Know and understand the Criminal Jurisdiction of the

different Courts of Justice
2. Know and understand the Criminal Jurisdiction of
Specialized Courts

Criminal Jurisdiction of First Level Courts (Municipal Trial Court (MTC),

Municipal Circuit Trial Court (MCTC) and Metropolitan Trial Court in
Cities (MTCC))

1. Exclusive original jurisdiction over all violations of city or

municipal ordinances committed within their respective
territorial jurisdiction15;

2. Exclusive original jurisdiction over all offenses punishable with

imprisonment not exceeding six (6) years irrespective of the
amount of fine, and regardless of other imposable or accessory
penalty, including the civil liability arising from such offenses,
except those cases falling within the exclusive original jurisdiction
of the Regional Trial Court and of the Sandiganbayan;16

3. Exclusive original jurisdiction over offenses involving criminal

negligence (reckless imprudence) cases;

15 Sec. 32 B.P. 129 as amended by R.A. 7691

16 Ibid.

Atty. Charissa Kay B. Alvarez-Pabatao, REB

 4. Summary procedure:

a. Violations of traffic laws, rules and regulations;

b. Violations of rental law;
c. B.P. 22 cases;
d. Violations of municipal and city ordinances;
e. All other criminal cases where the penalty prescribed by
law for the offense charged is imprisonment not exceeding
six (6) months, or a fine not exceeding one thousand pesos
(Php1,000.00), or both, irrespective of other imposable
penalties, accessory or otherwise, or of the civil liability
arising therefrom; and
f. Offenses involving damage to property through criminal
negligence where imposable fine does not exceed ten
thousand pesos (Php10,000.00);

Criminal Jurisdiction of the Regional Trial Court (RTC)

1. Crimes punishable with a penalty of imprisonment of more than

six (6) years, except those falling under the jurisdiction of the
Sandiganbayan;

2. Criminal and civil aspects of written defamation cases 17:

Regional Trial Courts are classified as follows:

1. Court of General Jurisdiction;

2. Special Courts:
a. Family Court;
b. Drugs Court;
c. Special Commercial Court/Cyber Court;
d. Environmental Court;

17 Art. 360, Revised Penal Code

Atty. Charissa Kay B. Alvarez-Pabatao, REB

Court of General Jurisdiction

These courts, especially in single or dual sala courts, takes cognizance

over all types of cases falling within its jurisdiction. However, in
multiple sala courts, where there are courts with special or specific
designations, courts of general jurisdiction takes cognizance of all other
cases not falling within the jurisdiction of the special courts.

Family Court

Courts designated as Family Court, has jurisdiction over criminal cases

where there are minors involved, whether as victim or as Child in
Conflict with the Law (CICL). It also has jurisdiction over criminal cases
where the parties involved are related by blood, and in violations of
Republic Act 9262. However, in murder or homicide cases where the
minor victim has died, jurisdiction falls with the courts of general
jurisdiction. Once the court acquires jurisdiction over the subject
matter, this authorizes the presiding judge to issue a Warrant for the
arrest of the accused, based on his personal finding of probable cause
for the issuance of the warrant.

Drugs Court

Courts designated as Drugs court, has jurisdiction over violations of R.A.

9165 otherwise known as the Dangerous Drugs Act. However, when the
accused is a minor (CICL), jurisdiction is with the Family Court. Once the
court acquires jurisdiction over the subject matter, this authorizes the
presiding judge to issue a Warrant for the arrest of the accused, based
on his personal finding of probable cause for the issuance of the
warrant.

Atty. Charissa Kay B. Alvarez-Pabatao, REB

Special Commercial/Cyber Crime Court

Courts designated as Commercial Cyber Crime Court, has jurisdiction

over cases involving violations of the Intellectual Property Rights18;
violations of Section 4 and 5 of R.A. 10175 otherwise known as
Cybercrime Prevention Act of 201219; issuance of Cybercrime
Warrants20. Once the court acquires jurisdiction over the subject
matter, this authorizes the presiding judge to issue a Warrant for the
arrest of the accused, based on his personal finding of probable cause
for the issuance of the warrant.

SANDIGANBAYAN

1. Violations of R.A. 3019 otherwise known as the Anti-Graft and

Corrupt Practices Act;

2. Violations of R.A. 1379 otherwise known as An Act Declaring

Forfeiture in Favor of the State of Any Property found to have
been unlawfully acquired by any Public Officer or Employee, by:

Officials of the executive branch, occupying the position of

regional director and higher, otherwise classified as Salary
Grade 27 or higher:

a. Provincial governors, vice-governors, members of

the Sangguniang Panlalawigan, Provincial treasurer,
assessors, engineers and other provincial
department heads;
b. City mayors, vice-mayors, members of the
sangguniang panlungsod, city treasurers, assessors,
engineers and other provincial department heads;

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

Atty. Charissa Kay B. Alvarez-Pabatao, REB

 c. Officials of the diplomatic service occupying the
position of consul and higher;
d. Philippine army and air force colonels, naval
captains, and all officers of higher rank;
e. Officers of the Philippine National Police while
occupying the position of provincial director and
those holding the rank of Police Colonel or higher;
f. City and provincial prosecutors and their assistants,
and officials and prosecutors in the Office of the
Ombudsman and special prosecutor;
g. Presidents, directors or trustees, or managers of
government-owned or controlled corporations, state
universities or educational institutions or
foundations21;

3. Bribery in all its forms, including corruption of public officers,

4. Members of Congress and officials thereof, classified as Salary

Grade 27 or higher;

5. Members of the judiciary, without prejudice to the provisions of

the Constitution;

6. Chairmen and members of Constitutional Commissions, without

prejudice to the provisions of the Constitution;

7. All other national and local officials, classified as Salary Grade 27

or higher;

21 Pp vs. Morales, 649 SCRA 182, 192-194

Atty. Charissa Kay B. Alvarez-Pabatao, REB

Activity: 3.1. Remembering

1. What are the cases falling within the jurisdiction of the First Level
Courts?

2. What are the classifications of Regional Trial Courts?

3. What are the cases falling within the jurisdiction of a Family

Court?

Atty. Charissa Kay B. Alvarez-Pabatao, REB

CHAPTER II - MANNER OF PROSECUTING OFFENSES

A criminal action is prosecuted under the direction and control of the

public prosecutor. The rationale for the rule that all criminal actions shall
be prosecuted under the direction and control of a public prosecutor is
that, since a criminal offense is an outrage against the sovereignty of the
State, it necessarily follows that a representative of the State shall direct
and control the prosecution thereof.22

The crimes of adultery and concubinage shall not be prosecuted except

upon a complaint filed by the offended spouse. The offended party
cannot institute criminal prosecution without including the guilty
parties, if both are alive, nor, in any case, if the offended party has
consented to the offense or pardoned the offenders. 23

The offenses of seduction, abduction and acts of lasciviousness shall not

be prosecuted except upon a complaint filed by the offended party or
her parents, grandparents or guardian, nor, in any case, if the offender
has been expressly pardoned by any of them. If the offended party dies
or becomes incapacitated before she can file the complaint, and she has
no known parents, grandparents or guardian, the State shall initiate the
criminal action in her behalf.24

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

22 Willard B. Riano, Criminal Procedure Bar Lecture Series, P. 69

23 Sec. 5, Supra Note 7
24 Ibid
25 Ibid

Atty. Charissa Kay B. Alvarez-Pabatao, REB

No criminal action for defamation which consists in the imputation of
the offenses mentioned above shall be brought except at the instance of
and upon complaint filed by the offended party.26

The prosecution for violation of special laws shall be governed by the

provisions thereof.27

Lesson I - HOW IS A CRIMINAL CASE IS INSTITUTED

A criminal case is instituted by the filing of a complaint with the Office of

the Prosecutor having jurisdiction over the place where the offense was
committed, either through Preliminary Investigation or Inquest.

PRELIMINARY INVESTIGATION

Preliminary investigation is an inquiry or proceeding to determine

whether there is sufficient ground to engender a well-founded belief
that a crime has been committed and the respondent is probably guilty
thereof, and should be held for trial.28

Except as provided in section 7 of this Rule (valid arrests without

warrant), a preliminary investigation is required to be conducted before
the filing of an information for an offense where the penalty prescribed
by law is at least four (4) years, two (2) months and one (1) day without
regard to the fine.29

26 Ibid
27 Ibid
28 Sec.1, Rule 112, Supra Note 7
29 Ibid

Atty. Charissa Kay B. Alvarez-Pabatao, REB

The preliminary investigation shall be conducted in the following
manner:

(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.

The respondent shall have the right to examine the evidence

submitted by the complainant which he may not have been
furnished and to copy them at his expense. If the evidence is
voluminous, the complainant may be required to specify those
which he intends to present against the respondent, and these
shall be made available for examination or copying by the
respondent at his expense.

Objects as evidence need not be furnished a party but shall be

made available for examination, copying, or photographing at the
expense of the requesting party.

(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

Atty. Charissa Kay B. Alvarez-Pabatao, REB

 defense. The counter-affidavits shall be subscribed and sworn to
and certified as provided in paragraph (a) of this section, with
copies thereof furnished by him to the complainant. The
respondent shall not be allowed to file a motion to dismiss in lieu
of a counter-affidavit.

(d) If the respondent cannot be subpoenaed, or if subpoenaed,

does not submit counter-affidavits within the ten (10) day period,
the investigating officer shall resolve the complaint based on the
evidence presented by the complainant.

(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

In cases that is required to undergo preliminary investigation, the

accused cannot be held for trial unless the court acquires jurisdiction
over the person of the accused. That is the accused must first be
arrested or voluntarily surrenders. Only then, can the case be set for
arraignment.

A complaint or information is sufficient if it states the name of the

accused; the designation of the offense given by the statute; the acts or
omissions complained of as constituting the offense; the name of the
30 Sec. 3, Ibid

Atty. Charissa Kay B. Alvarez-Pabatao, REB

offended party; the approximate date of the commission of the offense;
and the place where the offense was committed.31

When an offense is committed by more than one person, all of them

shall be included in the complaint or information.32

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

The acts or omissions complained of as constituting the offense and the

qualifying and aggravating circumstances must be stated in ordinary
and concise language and not necessarily in the language used in the
statute but in terms sufficient to enable a person of common
understanding to know what offense is being charged as well as its
qualifying and aggravating circumstances and for the court to
pronounce judgment. 34

The complaint or information is sufficient if it can be understood from its

allegations that the offense was committed or some of the essential
ingredients occurred at some place within the jurisdiction of the court,
unless the particular place where it was committed constitutes an
essential element of the offense or is necessary for its identification.35

It is not necessary to state in the complaint or information the precise

date the offense was committed except when it is a material ingredient of
the offense. The offense may be alleged to have been committed on a date
as near as possible to the actual date of its commission.36

31 Sec. 6, Ibid
32 Ibid
33 Sec. 7, Supra Note 7
34 Sec. 9, Ibid
35 Sec 10, Ibid
36 Sec. 11, Ibid

Atty. Charissa Kay B. Alvarez-Pabatao, REB

The complaint or information must state the name and surname of the
person against whom or against whose property the offense was
committed, or any appellation or nickname by which such person has
been or is known. If there is no better way of identifying him, he must be
described under a fictitious name.37

(a) In offenses against property, if the name of the offended party

is unknown, the property must be described with such
particularity as to properly identify the offense charged. 38

(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

(c) If the offended party is a juridical person, it is sufficient to

state its name, or any name or designation by which it is known or
by which it may be identified, without need of averring that it is a
juridical person or that it is organized in accordance with law. 40

37 Sec. 12, Ibid

38 Ibid
39 Ibid
40 Ibid

Atty. Charissa Kay B. Alvarez-Pabatao, REB

 RESPONDENT HAS NOT BEEN ARRESTED

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

Complaint is filed with Prosecutor’s Office for preliminary investigation, a case

docket number is assigned

Subpoena is issued to the respondent directing

him/her to submit his/her counter-affidavit If case falls under the Rules
that of his witnesses and any other supporting of Summary Procedure
documents supporting his defense within ten (penalty: imprisonment of
(10) days from, receipt of the subpoena. A less than 1 year or fine).
copy of the complaint will be provided to him Investigating Prosecutor will
for him to fully make his defense. If the immediately resolve the
complaint is voluminous, respondent will be case on the basis of the
directed to pick-up his copy of the complaint complaint
at the Prosecutors Office

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.

Atty. Charissa Kay B. Alvarez-Pabatao, REB