CRIMINAL

PROCEDURE
 PRELIMINARY
CONSIDERATIONS
JURISDICTION

■ TYPES OF JURISDICTION
– Original Jurisdiction– the court that gets to hear the case first.
– Appellate Jurisdiction– the power for a higher court to review a lower courts
decision.
– Exclusive Jurisdiction– only that court can hear a specific case.
– Concurrent Jurisdiction - where two or more courts from different systems
simultaneously have jurisdiction over a specific case
■ JURISDICTION CAN BE SORTED ACCORDING TO:
– JURISDICTION OVER SUBJECT MATTER
– JURISDICTION OVER THE PERSON OF THE ACCUSED
– TERRITORIAL JURISDICTION
 DEFINITION
JURISDICTION
OVER SUBJECT OVER THE PERSON TERRITORIAL
MATTER OF THE ACCUSED JURISDICTION
the authority of the court the authority of the court The place of the commission
to hear and decide the over the person charged of the offense charged
case. simply put, it determines venue of the
means jurisdiction over action, and is an essential
the offense charged element of jurisdiction
xpn: Art. 2 RPC
 DEFINITION
JURISDICTION
Article 2. Application of its provisions. - Except as provided in the treaties and
laws of preferential application, the provisions of this Code shall be enforced
not only within the Philippine Archipelago, including its atmosphere, its interior TERRITORIAL
waters and maritime zone, but also outside of its jurisdiction, against those
who: JURISDICTION
■ 1. Should commit an offense while on a Philippine ship or airship;
The place of the commission
■ 2. Should forge or counterfeit any coin or currency note of the Philippine of the offense charged
Islands or obligations and securities issued by the Government of the
Philippine Islands; determines venue of the
■ 3. Should be liable for acts connected with the introduction into these
islands of the obligations and securities mentioned in the preceding
action, and is an essential
number; element of jurisdiction
■ 4. While being public officers or employees, should commit an offense in
the exercise of their functions; or xpn: Art. 2 RPC
■ 5. Should commit any of the crimes against national security and the law
of nations, defined in Title One of Book Two of this Code
 HOW ACQUIRED
JURISDICTION
OVER SUBJECT OVER THE PERSON TERRITORIAL
MATTER OF THE ACCUSED JURISDICTION
Conferred by law; cannot be Acquired through: The offense should have been
conferred by the parties committed or any one of its essential
1. Arrest of the accused ingredients took place within the
Jurisdiction cannot be fixed by territorial jurisdiction of said court.
the will of the parties; nor 2. Consent of the accused
acquired through waiver, or 3. Waiver of objections as One cannot be held to answer for any
enlarged by the parties’ when the accused enters his crime he committed except in the
omission; nor conferred by plea jurisdiction where he committed said
acquiescence of the court, or by 4. Voluntary submission of the crime.
mere administrative policy of accused to the jurisdiction of
any trial court the court.
 HOW TO DETERMINE WHICH COURT
JURISDICTION
OVER SUBJECT OVER THE PERSON TERRITORIAL
MATTER OF THE ACCUSED JURISDICTION
Jurisdiction is determined by N/A Jurisdiction is determined by the
the allegations in the allegations in the complaint or
complaint or information information
 WAIVER OF OBJECTION
JURISDICTION
OVER SUBJECT OVER THE PERSON TERRITORIAL
MATTER OF THE ACCUSED JURISDICTION
Cannot be waived by the Right to object may be Cannot be waived by the parties
parties waived (e.g., failure of
the accused to object
in time)
PRINCIPLE OF ADHERENCE OF
JURISDICTION/CONTINUING JURISDICTION

■ General rule: Once a court acquires jurisdiction over a controversy, it shall continue to
exercise it until final determination of the case.
■ It is not affected by
– A valid amendment of the information
– Subsequent legislation vesting jurisdiction in another tribunal.
■ Exception: When subsequent legislation:
– Expressly provides, or
– Is clearly intended to apply to actions pending before its enactment
DISMISSAL OF THE CASE ON
JURISDICTIONAL GROUNDS
■ General rule: An objection on the ground that the court lacks jurisdiction over the subject
matter may be raised or considered motu proprio by the court at any stage of the
proceedings or appeal.
■ Exception: Estoppel by reasons of public policy, as when the party has initially invoked
such jurisdiction.
REQUISITES FOR A COURT TO EXERCISE
JURISDICTION:

■ Subject matter jurisdiction: the offense is one it is authorized by law to take cognizance
of.
■ Territorial jurisdiction: the offense has been committed within its territorial jurisdiction
■ Jurisdiction over the person: the person charged must have been brought before it for
trial, forcibly by arrest or upon his voluntary submission to the court.

■ NOTE: All three requisites must concur before a court can acquire jurisdiction
CRIMINAL JURISDICTION OF THE MUNICIPAL TRIAL
COURTS/METROPOLITAN TRIAL COURTS/MUNICIPAL
CIRCUIT TRIAL COURTS (MTC/MeTC/MCTC)
Except those cases falling within the jurisdiction of higher courts, these courts shall have exclusive original
jurisdiction over:
1. Violations of city or municipal ordinances committed within their territorial jurisdiction.
2. Offenses punishable with imprisonment not exceeding 6 years irrespective of the amount of fine, and
regardless of other imposable or accessory penalties, including civil liability irrespective of its kind, nature, or
value.
3. Offenses involving damage to property through criminal negligence.
4. Summary procedure in certain cases
a. Violations of traffic laws, rules and regulations
b. Violations of the rental law
c. B.P. 22 cases
d. Violation of municipal and city ordinances
e. All other criminal cases where the penalty prescribed by law for the offense charged is imprisonment
not exceeding 6 months, or a fine not exceeding P1,000, or both
f. Offenses involving damage to property through criminal negligence where the imposable penalty does
not exceed P10,000
CRIMINAL JURISDICTION OF THE MUNICIPAL TRIAL
COURTS/METROPOLITAN TRIAL COURTS/MUNICIPAL
CIRCUIT TRIAL COURTS (MTC/MeTC/MCTC)
5. Special jurisdiction to decide on applications for bail in the absence of all RTC judges in a
province or city
CRIMINAL JURISDICTION OF THE
REGIONAL TRIAL COURTS (RTC)
Exclusive original jurisdiction in criminal cases not within the exclusive jurisdiction of any
court, tribunal or body, EXCEPT those under the exclusive and concurrent jurisdiction of the
Sandiganbayan.
Appellate jurisdiction over cases decided by first-level courts within its territorial jurisdiction
Jurisdiction over criminal cases under specific laws such as:
1. Criminal and civil aspects of written defamation
2. Criminal cases commenced by information against a child upon determination of probable
cause by the prosecutor where there are no family courts.
3. Violence against women and children, in the absence of an RTC designated as a Family
Court where the offense was committed
CRIMINAL JURISDICTION OF THE
REGIONAL TRIAL COURTS (RTC)
4. Designated special courts over cases in violation of R.A. 9165 (Dangerous Drugs Act)
5. Violations of intellectual property rights.
6. Money laundering cases [Sec. 5, R.A. 9160] EXCEPT those committed by public officers
and private persons in conspiracy with such public officers, as jurisdiction is with the
Sandiganbayan
CRIMINAL JURISDICTION OF THE
SANDIGANBAYAN
1. Violations of R.A. 3019
2. Violations of R.A. 1379
3. Violations of Book 2, Title VII, Section 2, Chapter 2 of the RPC (Indirect Bribery, Corruption
of Public officials, etc.), where one or more of the accused are officials occupying the
following positions in the government, at the time of the commission of the offense:
a. Officials of the executive branch occupying the positions of regional direction and
higher, otherwise classified as Grade “27” and higher of R.A. 6758 (see enumeration
in RA 10660)
b. Members of Congress and officials thereof classified as “Grade 27” and up under
R.A. 6758 (see enumeration in RA 10660)
CRIMINAL JURISDICTION OF THE
SANDIGANBAYAN
4. Other offenses, simple or complex, with other crimes committed by the abovementioned
public officials and employees in relation to their office.
5. Criminal cases filed pursuant to and in connection with EO 1, 2, 14, 14-A (1986)
PROSECUTION OF
OFFENSES
Rule 110
CRIMINAL ACTIONS; HOW INSTITUTED

■ The institution of a criminal action generally depends upon whether the offense is one
which requires a preliminary investigation (PI) or not.
■ When PI is required (Those where the penalty prescribed by law is AT LEAST 4 years, 2
months and 1 day), by filing the complaint with the appropriate officer for PI.
■ When PI is NOT required (Offenses where the penalty prescribed by law is LESS THAN
4 years, 2 months, and 1 day):
– Filed directly with the MTCs and MCTCs; or
– Filed with the office of the prosecutor
– In Manila and other chartered cities, the complaint shall be filed with the office
of the prosecutor unless otherwise provided in their charters.
CRIMINAL CASES REQUIRED TO BE FILED
FIRST FOR BARANGAY CONCILIATION
■ Offenses punishable by imprisonment not exceeding one (1) year or a fine not exceeding
P5,000 [Sec. 408(c), LGC] and where the parties actually reside in the same city or
municipality.
■ EXCEPTIONS:
– No private offended party
– One party is the government or any subdivision thereof
– One party is a public officer or employee, and the dispute relates to his official
functions
– Parties actually reside in different cities or municipalities, EXCEPT where such
barangays adjoin each other AND the parties agree to amicable settlement by an
appropriate lupon
– Accused is under police custody or detention
WHO MAY FILE; CRIMES THAT CANNOT
BE PROSECUTED DE OFICIO
■ General rule: Complaint or Information may only be filed or dismissed if there is prior
written authority or approval of the provincial or city prosecutor or chief state prosecutor
or the Ombudsman or his deputy.
■ EXCEPTIONS: Crimes that cannot be prosecuted de oficio (private crimes)
– Adultery
– Concubinage
– Seduction
– Abduction
– Acts of Lasciviousness
– Defamation
 WHO CAN FILE
PRIVATE CRIMES
SEDUCTION
ADULTERY and
ABDUCTION
CONCUBINAGE DEFAMATION
ACTS OF LASCIVIOUSNESS
Offended Spouse Offended party, it includes: Offended Party
a. Minors, even independently of
those in item b, except if
incompetent or incapable
b. Parents, grandparents, guardian
– right to file shall be exclusive of
all other persons and shall be
exercised successively in this order
c. State – Only if the offended party
dies or becomes incapacitated
before she can file the complaint,
and she has no known parents,
grandparents or guardian
 REQUIREMENTS FOR FILING
PRIVATE CRIMES
SEDUCTION
ADULTERY and
ABDUCTION
CONCUBINAGE DEFAMATION
ACTS OF LASCIVIOUSNESS
a. Must include both guilty The offender must not None
parties, if both alive have been pardoned by
b. Must not have any of a and b in the
consented to the preceding slide
offense or pardoned the
offenders
c. Marital relationship
must still be subsisting
EFFECT OF PARDON

■ General rule: A pardon by the offended party does not extinguish criminal action but civil
liability with regard to the interest of the injured party is extinguished by his express
waiver [Art. 23, RPC]. If there is more than one accused, the pardon must be extended to
all offenders.
■ Exception: Seduction, abduction and acts of lasciviousness shall not be prosecuted if
the offender has been expressly pardoned by the offended party or her parents,
grandparents or guardian [Art. 344, RPC] [Sec. 5, Rule 110]
WHEN PARDON SHOULD BE GIVEN

■ General rule: Pardon must be made before the filing of the criminal complaint in court
■ Exception: In rape, marriage between the offender and the offended party would be
effective as pardon even when the offender has already commenced serving his
sentence
 PARDON DISTINGUISHED FROM CONSENT

DEFINITION

PARDON CONSENT
■ Refers to past acts ■ Refers to future acts
■ In order to absolve the accused from ■ In order to absolve the accused from
liability, it must be extended to both liability, it is sufficient even if granted
offenders only to the offending spouse
 PARDON DISTINGUISHED FROM CONSENT

WHEN GIVEN

PARDON CONSENT
■ Given after the commission of the ■ Given before the commission of the
crime but before the institution of the crime
criminal action
 PARDON DISTINGUISHED FROM CONSENT

IN ADULTERY/CONCUBINAGE

PARDON CONSENT
■ May be done expressly or impliedly ■ Can only be done expressly
■ There is implied pardon when the
offended party continued to live with
his spouse even after the commission
of the offense. There is no implied
pardon when the wife continues living
in the conjugal home after her arrest
only in order to take care of their
children
 PARDON DISTINGUISHED FROM CONSENT

IN SEDUCTION, ABDUCTION AND ACTS OF

LASCIVIOUSNESS
PARDON CONSENT
■ Must be expressly made ■ Offended party cannot consent to the
crime
CONTROL OF PROSECUTION

■ General rule: All criminal actions commenced by a complaint or information shall be

prosecuted under the direction and control of the prosecutor.
■ Exception: A private prosecutor may be authorized in writing by the Chief of the
Prosecution office or the Regional State Prosecutor to prosecute the case subject to the
approval of the court
CONDITIONS FOR A PRIVATE PROSECUTOR
TO PROSECUTE A CRIMINAL ACTION
■ The public prosecutor has heavy work schedule or there is no public prosecutor assigned
in the province or the city
■ The private prosecutor is authorized in writing by the Chief of the Prosecutor office or the
Regional State Prosecutor
■ The authority of the private prosecutor was approved by the Court
■ The private prosecutor shall continue to prosecute the case up to the end of the trial
unless the authority is revoked or otherwise withdrawn.
■ In case of withdrawal or revocation of authority, the same must be approved by the court
■ The prosecution of the civil liability has not been reserved or waived.
 DISTINGUISH COMPLAINT AND INFORMATION

DEFINITION

COMPLAINT INFORMATION
■ Sworn written statement charging a ■ Accusation in writing, charging a
person with an offense, subscribed by person with an offense, subscribed by
the offended party, any peace officer the prosecutor and filed with the court
or other public officer charged with the [Sec. 4, Rule 110]
enforcement of the law violated [Sec.
3, Rule 110]
 DISTINGUISH COMPLAINT AND INFORMATION

WHO SUBSCRIBES

COMPLAINT INFORMATION
■ Subscribed by: ■ Subscribed by the prosecutor
– a. offended party; ■ NOTE: Indispensable requirement.
– b. any peace officer; or
– c. other officer charged with the
enforcement of the law violated.
 DISTINGUISH COMPLAINT AND INFORMATION

WHERE FILED

COMPLAINT INFORMATION
■ May be filed in court or the ■ Filed with the court
prosecutor’s office
 DISTINGUISH COMPLAINT AND INFORMATION

OATH REQUIREMENT

COMPLAINT INFORMATION
■ Must be “sworn,” hence under oath ■ Requires no oath
■ NOTE: Fiscal filing the information is
acting under the oath of his office
CONTENT REQUIRED FOR VALIDITY OF
AN INFORMATION
A complaint or information is sufficient it states:
■ Name and surname of the Accused; or any appellation or nickname by which he is
known or had been known
– When an offense is committed by more than one person, all of them shall be
included in the complaint or information
■ Designation of the offense given by the statute
■ Acts or Omissions complained of as constituting the offense
■ Name of the Offended party
■ Approximate Date of the commission of the offense, and
■ Place where the offense was committed
FORM REQUIRED FOR VALIDITY

■ In writing
■ In the name of the People of the Philippines
■ Against all persons responsible for the offense involved
TEST FOR SUFFICIENCY OF
INFORMATION
■ Whether the crime is described in intelligible terms with such particularity as to apprise
the accused with reasonable certainty of the offense charged
■ General rule: A defective information cannot support a judgment of conviction
■ Exception: Where the defect in the information was cured by evidence during the trial
and no objection appears to have been raised
NAME OF THE ACCUSED

■ 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.
■ If the true name of the accused is thereafter disclosed by him or appears in some other
manner to the court, such name shall be inserted in the complaint or information and
record.
JOHN DOE INFORMATIONS

■ When the information does not sufficiently describe the accused and all are described as
“John Does,” the arrest warrants against them are void.
MISTAKE IN THE NAME OF THE
ACCUSED
■ Mistake does not necessarily amount to a mistake in the identity of the accused
especially when sufficient evidence is adduced to show that the accused is pointed to as
one of the perpetrators of the crime
NAME OF THE OFFENDED PARTY

■ 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.
– a. In crimes 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
– b. If the true name of the person against whom or against whose property the
offense was committed is thereafter disclosed or ascertained, the court must cause
such true name to be inserted in the complaint or information and the record
– 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 may be identified, without need of
averring that it is a juridical person.
DATE OF COMMISSION

■ General rule: It is not necessary to state the precise date the offense was committed.
The offense may be alleged to have been committed on a date as near as possible to
the actual date of the commission.
■ Exception: When it is an essential element of the offense
■ Allegation in an information of a date different from the one established during trial is not
fatal to the prosecution. It is just deemed supplanted by evidence presented during trial
or may even be corrected by a formal amendment of the information.
– Exception: Fatal when discrepancy is so great that it induces the perception that
the information and the evidence are no longer pertaining to one and the same
offense. The defective allegation in the information is struck down for violating the
right of the accused to be informed
PLACE OF COMMISSION

■ General rule: The complaint or information is sufficient if it can be understood from its
allegations that the offense was committed or some of its essential ingredients occurred
at some place within the jurisdiction of the court.
■ Exception: If the particular place where it was committed constitutes an essential
element of the offense charged or is necessary for its identification
DESIGNATION OF OFFENSE

■ The designation of the offense given by the statute must be stated in the complaint or
information with the averment of acts or omissions constituting the offense and the
attendant qualifying and aggravating circumstances. If there is no designation of the
offense, reference shall be made to the section or subsection of the statute punishing it.
[Sec. 8, Rule 110]
■ Specific acts of accused do not have to be described in detail in the information, as it is
enough that the offense be described with sufficient particularity to make sure the
accused fully understands what he is being charged with.
DESIGNATION OF OFFENSE

■ Allegations in the complaint prevail:

– Over the designation of the offense: The facts, acts or omissions alleged and not
its title, determine the nature of the crime. The designation is only the prosecutor’s
conclusion
– Over reference to the section or subsection of the statute punishing the
crime: What is controlling and determines the nature and character of the crime
charged are the facts alleged in the information.
DESIGNATION OF OFFENSE

■ Conviction of a more serious crime than alleged

– General rule: Accused may be convicted of a crime more serious than that named
in the title if such crime is covered by the facts alleged in the body of the information
and its commission is established by evidence
– Exception: Cannot be convicted under one act when he is charged with the
violation of another if the change:
– Involves change in the theory of the trial
– Requires a different defense
– Surprises the accused in any way
CAUSE OF THE ACCUSATION

■ The acts or omissions complained of as constituting the offense and the qualifying and
aggravating circumstances must be stated:
– a. In ordinary and concise language; and
– b. Not necessarily in the language used in the statute; but
– c. 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
■ Purpose of requiring allegation of every element
– 1. To enable the court to pronounce proper judgment
– 2. To furnish the accused with information as to enable him to make a defense
– 3. As a protection against further prosecution for the same cause
CAUSE OF THE ACCUSATION

■ Failure to allege
– Any of the elements of the offense: Accused cannot be convicted of the offense
charged, even if the missing elements have been proven during trial. Even a plea of
guilty will not cure such defect, nor justify conviction.
– Qualifying and aggravating circumstances: They are not considered even if
proven during trial
CAUSE OF THE ACCUSATION

■ When habitual delinquency is alleged:

– The information must specify:
■ a. Date of the commission of the previous crimes
■ b. The date of last conviction or release

■ Where complex crime is charged

– Allegations do not necessarily have to charge a complex crime as defined by law. It
is sufficient that the information contains allegations which show that one offense
was a necessary means to commit the other