CRIMINAL

PROCEDURE
RULES 110-127, RULES OF COURT
 Introduction
Criminal Procedure: Criminal Law: Criminal Jurisprudence:

It is the That refers to the

method prescribe by law branch of law which body of judicial decisions
for the apprehension and defines crimes or declares and interpretations by the
prosecution of persons what acts are crimes and Philippine courts,
accused of any criminal prescribes or provide the particularly the Supreme
offense, and for their punishment for their Court, that clarify and
punishment, in case of commission expound on the principles
conviction. of criminal law and
criminal procedure. These
- Procedural steps decisions serve as
commencing from initial precedents and guide the
investigation application of criminal law
in future cases.
 Classification of legal system
Substantive Law Procedural Law(remedial law)
Creates, defines and Prescribes the methods of enforcing
regulate rights and duties those rights and obligations created
regarding life, liberty or by substantive law by providing a
property which when procedural system for obtaining
violated gives rise to a redress for the invasion of rights
cause of action.( Bustos vs. and violations of duties and by
Lucero) "What is the law?" prescribing rules as to how suits are
filed, tried and decided by the
courts.( Bustos vs. Lucero) "How is
the law applied?"
 Cases Governed by Rules of Court

A. Civil action- is one by which a party sues another for the enforcement
or protection of a right, or the prevention of redress of a wrong.

B. Criminal action- is one by which the state prosecute a person for an

act or omission punishable by law.

C. Special proceeding- is a remedy by which a party seeks to establish

a status, a right, or a particular fact.
 3 Branches of Government in the Philippines

Executive branch Legislative branch Judicial branch

is responsible for carrying out and Function: Creates, amends, and ensures justice by interpreting laws,
enforcing laws. It is headed by the repeals laws resolving disputes, and upholding the
President and includes the Vice Constitution. It is headed by the
President, Cabinet members, and Supreme Court and includes lower
various government agencies. Example of Legislative courts such as the Court of Appeals,
Function: Regional Trial Courts, and
Congress passes a law Municipal Trial Courts.
Example of Executive Function:
regulating social media content for
The President signs a bill into law. public safety.
Example of Judicial Function:
The PNP and AFP enforce laws to The Senate investigates
maintain peace and order. The Supreme Court declares a law
anomalies in government
unconstitutional for violating human
The Department of Justice (DOJ) spending.
rights.
prosecutes criminal cases.
A Regional Trial Court convicts a
criminal for murder based on
evidence.
 Purpose of Criminal Procedure
•To ensure due process – Every person accused of a crime must be
treated fairly, given a chance to defend themselves, and presumed
innocent until proven guilty.

•To facilitate the orderly administration of justice – It provides

structured steps to ensure fair and efficient prosecution.

•To protect society from criminal acts – Criminal procedure enables

the state to prosecute and punish offenders.

•To uphold the rule of law – It ensures that law enforcement and
judicial agencies follow legal protocols to prevent abuse of power.
Limitation in the Promulgation of Law

1. Equal protection of laws

2. Due process
3. Excessive fines nor cruel, degrading or inhuman
punishment
4. Bill of attainder
5. Ex post facto law
 Equal Protection of Laws

 This principle ensures that all persons in similar circumstances

are treated equally under the law. It prohibits discrimination unless
there is a valid classification based on substantial distinctions.

 Example: A law granting scholarships only to poor but deserving

students is valid because it is based on a reasonable
classification. However, a law that favors only one ethnic group is
unconstitutional.
 Due Process

 This guarantees that no person shall be deprived of life, liberty, or

property without fair legal proceedings. It includes both substantive
due process (laws must be fair and reasonable) and procedural due
process (legal procedures must be followed properly).

 Example: A government agency cannot fire an employee without

giving them a chance to explain and defend themselves.
 Excessive Fines nor Cruel, Degrading,
or Inhuman Punishment
 This prohibits punishments that are too harsh, degrading, or
disproportionate to the crime committed. It ensures human dignity
and fairness in sentencing.

 Example: Sentencing a petty thief to life imprisonment would be

unconstitutional because the punishment is excessive
 Bill of Attainder

 A Billof Attainder is a law that punishes a person or group without a

judicial trial. The Constitution prohibits such laws because they
violate the right to due process.

 Example: If Congress passes a law declaring a specific individual

guilty of a crime and sentencing them without a trial, that law would
be unconstitutional.
 Ex Post Facto Law

 AnEx Post Facto Law retroactively makes an act a crime after it

was committed, increases penalties, or changes legal rules to the
disadvantage of an accused person. This is prohibited because
laws should not punish actions that were legal when committed.

 Example:If a law is passed today making online gambling illegal,

the government cannot punish people who engaged in online
gambling before the law was enacted.
 System of Criminal Procedure
Accusatorial system Inquisitorial system Mixed system (hybrid system)
also called the Adversarial is a legal framework The Mixed System combines
System, is a legal framework where the judge actively elements of both the
where two opposing parties— investigates the case, Accusatorial and Inquisitorial
the prosecution and the
questions witnesses, and systems. It incorporates aspects
defense—argue their case
before an impartial judge or
gathers evidence. Instead of adversarial trials while
jury. The judge acts as a of two opposing sides allowing judges to play an active
neutral referee while the arguing, the court itself investigative role.
parties present their evidence takes the lead in fact-
and arguments. finding.
Adopted country:
Adopted country: Adopted country:
Russia
U.S China
Italy
Philippines France
Germany
 Basic Legal
Maxims in
Criminal Law
“Nullum crimen, nulla poena
sine lege.”

There is no crime if there is no law punishing it.

“Actus non facit reum, nisi
mens sit rea.”

The act is not criminal unless the mind is

criminal.
 “Dura lex, sed lex.”

The law may be harsh, but it is the law.

 “In dubio pro reo.”

When in doubt, favor the accused.

 “Ignorantia legis non
excusat.”

Ignorance of the law excuses no one

“Res judicata.”

A matter already judged.

“Qui accusat, probare debet.”

He who accuses must prove.

 COURT
JURISDICTION
Jurisdiction- it is the power and authority of the
court to hear, try and decide a case(Zamora vs. ca),
as well as to enforce or execute its judgment or final
orders. The power to control the execution of its
decision is an essential aspect of jurisdiction.
(Echegaray vs. Secretary of justice).
 KINDS OF JURISDICTION

1. Jurisdiction over the Subject Matter

2. Jurisdiction over the Offense
3. Jurisdiction over the Person of the Accused
4. Jurisdiction over the Territory
 Jurisdiction over the Subject Matter

 It
is the power to hear, determine, and decide the case
based on its nature as determined by laws
 Jurisdiction over the Offense

 It
is the power to hear, determine, and decide the case based
on its imposable penalty
 Jurisdiction over the Person of the
Accused
 Itis the power to hear, determine, and decide the case
when the person is brought to court either by virtue of
arrest or by his voluntary submission
 Jurisdiction over the Territory

 Itis the power to hear, determine, and decide the case

when the act is committed or any of its essential
elements occurred within its territory
 VENUE

IT IS THE SITE OR LOCATION WHERE THE

CASE IS TO BE TRIED
 COURT

A court is an institution, often a government entity, with the

authority to adjudicate legal disputes between parties and
administer justice in civil, criminal and administrative
matters in accordance with the rule of law.
 Court Function

1. Decide Cases
2. Keep Peace
3. administrative Role
 Different Court in the Philippines

 1. Regular Court
 2. Special Court
 3. Collegiate Court
 4. Lower Courts
 Regular Courts

 Supreme Court
 Court of Appeals
 Regional Trial Court
 Metropolitan Trial Courts
 Municipal Trial Courts in cities
 Municipal Trial Courts
 Municipal Circuit Trial courts
 Special Courts

 Court of tax Appeal

 Sandiganbayan
 Shari’a District Courts
 Shari’a Circuit Courts
 Collegiate Courts

 Supreme Court
 Court of Appeals
 Sandiganbayan
 Court of Tax Appeals
 Lower Courts
 Court of Appeals
 Sandiganbayan
 Court of Tax Appeals
 RTC
 MeTC
 MTCC
 MTC
 MCTC
 Shari’a DC
 Shari’a CC
 Supreme Court

 The highest court in the Philippines.

 Exercises appellate jurisdiction over lower courts.
 Has the power of judicial review to determine the constitutionality of
laws and executive acts.
 Decides cases involving constitutional issues, grave abuse of
discretion, and final appeals
 Court of Appeals (CA)

 Handles appeals from the Regional Trial Courts (RTC) and quasi-
judicial bodies.
 Reviewscriminal and civil cases, except those under the jurisdiction of
the Supreme Court.
 Can annul or modify decisions of lower courts if there is an error in law
or fact.
 Sandiganbayan (Anti-Graft Court)

 Handlescorruption cases involving public officials and

employees.
 Tries cases related to violations of Republic Act No. 3019 (Anti-
Graft and Corrupt Practices Act), bribery, and similar offenses.
 Court of Tax Appeals (CTA)

 Specializes in tax-related cases.

 Reviews decisions of the Bureau of Internal Revenue (BIR) and
Bureau of Customs (BOC).
 Hears tax refund claims, protests against tax assessments, and
other tax-related disputes.
 Regional Trial Court (RTC)

 The highest trial court in a province or city.

 Handles cases involving:
 Civil cases with claims exceeding ₱2 million.
 Criminal cases with penalties exceeding six years of imprisonment.
 Family law, annulments, land disputes, and probate (wills).
 Appeals from Municipal Trial Courts (MTCs).
 Municipal Trial Court (MTC) / Municipal
Circuit Trial Court (MCTC)
 Tries less serious offenses with penalties not exceeding six years
of imprisonment.
 Handles civil cases where the amount does not exceed ₱2 million.
 Hears ejectment cases, small claims, and violations of
city/municipal ordinances
Metropolitan Trial Court (MeTC)

 Functions like an MTC but operates in Metro Manila.

 Shari’ah Courts (Islamic Law Courts)

Exist in Muslim Mindanao under Presidential Decree No. 1083 (Code

of Muslim Personal Laws).
Composed of:
Shari’ah District Courts (SDC) – Handles personal status, marriage,
divorce, and inheritance cases involving Muslims.
Shari’ah Circuit Courts (SCC) – Handles minor disputes among
Muslims.
 Family Courts

1. Handle cases involving minors, domestic violence, child abuse, and

annulment of marriage.
2. Juvenile and Domestic Relations Courts
3. Focus on youth offenders and family-related legal issues
 RULE 110
Prosecution of Offenses
 Criminal action
 Rule 1, section 3
B) A criminal action is one by which the state prosecutes a
person for an act or omission punishable by law