REMEDIAL LAW REVIEW 1

Part II (Criminal Procedure)

Criminal Jurisdiction of Courts
a) MeTc, MTC, MCTC
Judiciary Act of 1980, Section 32 as amended by RA 7691, P.D. 1606,
RA 8249
- city or municipal ordinances
- offenses punishable not more than 6 years
- other cases falling within exclusive jurisdiction of Sandiganbayan and RTC
b) RTC
- all cases not within original jurisdiction of any other court.
c) CA
Original
Exclusive original (47)
Exclusive appellate
d) Sandiganbayan (PD 1606, amended by RA 8249)
a. Violations of RA 3019
Chapter II, Section 2, Title V11, Book II of RPC involving
-officials of executive branch with SG 27 or higher
-members of congress
-members of judiciary
-members of constitutional commissions
-all others with SG 27 and higher
b. other offenses of the above officers in relation to their office
Sanchez vs Demetriou 227 S 627
People vs Sandiganbayan (Third Division) 630 S 489
c. EO 1 & 2
Re Section 4 of RA 8249, read Billedo vs Wagan 653 S 783
Requisites for exercise of criminal jurisdiction
Subject matter
Territory
Accused
Trenas v People 664 S 355
People v Taroy 657S 349
Union Bank of the Philippines v People 667 S 113
Rule 110
(Prosecution of Offenses)
Section 1 - Institution
- where Preliminary Investigation required (> 4years, 2 months, 1 day)
- all others
- proper officer
Inquest
Leviste vs Alameda 626 S 575
Procedure

Waiver of Article 125, Revised Penal Code

Prescription
Francisco v. Court of Appeals 122 S 538
Republic vs Cojuangco Jr 674 S 492
Condition Precedent to Filing of Case/When Direct to Court
Section 3 - Complaint
- offended party, how defined?
- peace officer
- intervention of prosecutor
Section 4 - Information
- distinguish from complaint
- concurrent jurisdiction of Ombdusman and other prosecuting agencies
People v Valdez 663 S 272
People v Asilan 669 S 405
People v Posada 667 S790
Injunction vs. criminal prosecution
People vs Grey 625 S 523
Non-offended party may file for PI?
Right to file personal?
Section 5 - Who Must Prosecute
Metropolitan Bank and Trust Co vs Reynado 627 S 88
Control of prosecutor
People v Dollano Jr. 659 S 740
Control by Court
Crespo v. Mogul 151 S 462
Perez v. Hagonoy Rural Bank 327 S 588
Sta. Rosa Mining Co. v. Zabala 153 S 367
Effect of Petition for Review to DOJ
Refusal of Prosecutor to Prosecute
Section 8 - Designation of Offense (including qualifying circumstances)
- P. v Elesterio 173 S 243
Section 13 Duplicity of offense
- only one offense
Manuel V. Pao 172 S 225
Section 14 Amendment or Substitution
Test of Prejudice to Accused
Amendment or Substitution: Distinguish
Who may initiate?
Teehankee, Jr. v. Madayag 207 S 134
People vs. Casey 103 S 21
Need for new preliminary investigation if substantial amendment

Leviste v Alameda 626 S 575

RULE 111
(Prosecution of Criminal Actions)
Civil liability, basis thereof
Lim vs Mindanao Wines 675 S 628
Consolidation of criminal action with criminal case
Naguiat vs. IAC 164 S 505
Cojuangco vs. CA 203 S 619
P vs Bayotas 236 S 239
Prejudicial Question
Ras vs. Rasul100 S 125
Librodo vs. Coscolluela 116 S 303
RULE 112
(Preliminary Investigation)
Section 1 - Definition and nature
Mandatory
Rolito Go v. Court of Appeals 206 S 138
Executive function
Abanado vs Bayona 677 S 595
Can be waived?
Villarin vs People 656 S 500
Effect of Absence of Preliminary Investigation
Section 6
People vs De la Torre-Yadao 685 S 264
Procedure on Preliminary Investigation
Distinguish: Preliminary Investigation and Inquest
Remedies before and after filing of info after Inquest
Leviste v Alameda 626 S 575
What is probable cause?
Drilon v. Court of Appeals 258 S 280
Allado vs Diokno 232 S 192
Soria v Desierto 450 S 339
Preferred Home Specialties v CA 478 S 387
Pineda Ng v People GR 189533 November 15, 2010
Tamargo vs Awingan 610 S 316
Remedy vs probable cause
Flores v Gonzales 626 S 661
Upon filing of info, court duty? Options?
People vs Court of Appeals 626 S 352
Appeal to DOJ, not to courts

Alejandro v Bernas 657 S 255

Remedy of accused if no Preliminary Investigation conducted
Effect of Appeal to DOJ
Rule 113
(Arrest)
Requisites for arrest warrant
Probable cause
Identification of person to be arrested
No need to personally examine complainant and his witnesses or conduct trial de novo in
determining probable cause
People vs Dela Torre-Yadao 685 S 264
Meaning of in his presence
People vs Alunday 564 S 135
When to challenge
People vs Santiago 642 S 639
Sy vs People 655 S 395
When waived? Effect?
Diega vs CA 655 S 399
People vs Racho 626 S 633
Meaning of probable cause; Reliable information not enough
People v. Doria 301 S 728
People vs Racho ibid
Personal Knowledge / Hot Pursuit
People vs Uyboco GR 178039, January 19, 2011

Rule 114
(Bail)
Definition
Zuo v. Cabebe 444 S 382
When discretionary?
before conviction
after conviction
penalty is imprisonment 6 years +; bailable under five circumstances but subject
to review after conviction of capital offense

Bail after conviction

Leviste vs CA 615 S 619
Bail In Capital Offenses
application by accused
hearing
Prosecution evidence (becomes part of trial on the merits)
Defense evidence
Capital offense
People vs. Dacudao, 170 S 489
Bravo v. De Borja 134 S 466
Denial of petition for bail; remedy?
Recognizance
only when allowed by law
a.
R.A. 6036
i.
violation of city/municipal ordinance
ii.
light felony; penalty not higher than six (6)
months and/or fine of P2,000.00
b.

P.D. 603
youthful offender can be commuted to Department
of Social Welfare and Development if unable to
post bail

Custody of the law vs jurisdiction over the person of the accused: Relevance?
Miranda v Tuliao 486 S 377
Alawiya v Court of Appeals GR 164170, April 16, 2009
Bail When Not Required
Bail Where Filed
Notice to Prosecution mandatory
Bail No Bar rule

Rule 115
(Rights of the Accused)
Rights of Accused at Trial
To Due Process
Marquez vs Sandiganbayan 641 S 175

To be informed
People vs Francisco 635 S 440
To present evidence and be heard
People vs Bodoso 623 S 580
Miguel vs Sandiganbayan 675 S 560
To confront accusers and witnesses
Go vs People 671 S 213
To counsel of own choice
People vs Serzo GR 118435 June 20, 1997
People vs Lara 678 S 332
Waiver of Right to Counsel
People vs. Nicandro 141 S 289
Against Self-incrimination:
P v. Yatar 428 S 504
Against Double Jeopardy
Bangayan Jr vs Bangayan 659 S 590
People vs Court of Appeals 660 S 323
People vs Sandiganbayan 631 S 128
Ysidoro vs Leonardo de Castro 665 S 1
People vs Sandiganbayan 665 S 89
People vs Atienza 673 S 470
Trial in Absentia
Parada v. Veneracion 269 S 371
Presence Required
arraignment
promulgation
Prosecution will present witness to identify accused
The Right to Cross-Examine
Nature
Waivable
Effect of Death of Witness
Fulgado vs. Court of Appeals 182 S 81
Compulsory Process
attendance of witnesses
production of other evidence
Right to Speedy Trial
(1987 Constitution, Art. III, Sec. 1)

Speedy Trial Act of 1998 (RA 8493)

Re: Circular No. 38-98
Villareal vs People 664 S 519
Mari vs Gonzales 657 S 414
Imperial vs Joson 635 S 71
Remedy vs. Denial of Right to Speedy Trial
Motion to Dismiss
Sec. 14, SC Circular No. 38-98
Rule 116
(Arraignment and Plea)
Effect of Denial
People vs. Alicando 251 SCRA 293
No arraignment in absentia
Nolasco vs Enrile 139 SCRA 502
Plea to A Lesser Offense
Gonzales III vs Office of the President 679 S 614
Plea to a Capital Offense
People vs. Camay 152 S 401
What is Searching Inquiry?
People vs. Dayot 187 S 637
People vs. Alicando, supra
Plea to Non-Capital Offense
Effect of Improvident Plea of Guilty
People vs Baharan 639 S 157
Plea must be unconditional
People vs. Patrick de Luna

174 S 204

Illegal arrest waived if not raised in arraignment

People vs Aminola 630 S 384
People vs Tan 634 S 773
Rule 117
(Motion to Quash)
Defined
Antone v Beronillo 637 S 615
Waived if not pleaded

Except:

no offense charged
lack of jurisdiction over offense
extinction of offense
double jeopardy

No jurisdiction over person

People vs Palma 614 S 784
Rebellion vs People 623 S 343
Facts do not constitute offense
Soriano vs People 611 S 191
Rule on Double Jeopardy
(see cases under Rule 115 supra)
Jeopardy will attach even if case is dismissed by a Motion to Dismiss
Test of Identity of offenses
People v Pimentel 288 S 542
People vs. Doriguez 24 S 163
No double jeopardy for prosecution of graver offenses under special
circumstances (Section 7)
Remedy vs denial of motion to quash
Galzote vs Briones 657 S 535

Rule 118
(Pre-Trial)
Pre-trial Mandatory
Within 30 days after court acquires jurisdiction over the person
Subject of Pre-trial (a) to (f)
Pre-trial Agreement
Pre-Trial Order
Pre-trial Agreeents
See Section 3, RA 8493)
Rule 119
(Trial)
Trial in absentia
Presentation of evidence is not for trial court or accused to decide; strictly prosecutorial
prerogative
Joint trial

Separate trial
Consolidation
State Witness
Conditions for discharge
absolute necessity
absence of other direct evidence
corroboration
not most guilty
no prior conviction
Difference between state witness and protected witness
RA 6981
Yu vs Hon Presiding Judge GR 142848 June 30, 2006
Soberano vs People GR 154629 October 5, 2005
Demurrer
People v Sandiganbayan (Fourth Division) 665 S 89
Ong v. People 342 S 372
Bautista vs Cuneta-Pangilinan 684 S 521
Rule 120
(Judgment)
Requirements of a Valid Judgment
DAigle vs People 675 S 206
Abellana vs People 655 S 683
Judgment for 2 or more Offenses
- in case of variance
People vs Villamar, GR No, 121175, Nov 4, 1998
People vs Rellota 626 S 422
Acquittal and dismissal compared
Finality of Judgment
- except penalty is death penalty, subject to review
State may challenge acquittal/dismissal
Villareal vs People 664 S 519
Merciales vs Court of Appeals GR 124171 March 18, 2002
Rule 121
(New Trial or Reconsideration)
Grounds different from new trial in civil cases
Errors of law
New and material evidence
Saludaga vs Sandiganbayan 619 S 364
Payumo vs Sandiganbayan 654 S 277
Distinguish from Motion to Re-open or Motion for Reconsideration
Agulto vs. Court of Appeals 181 S 80
Effects of New Trial/Reconsideration

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Rule 122
(Appeal)
Procedural remedies
Ysidro vs Leonardo de Castro ibid
Not part of due process; only statutory privilege
Dimarucot vs People 630 S 659
Who can appeal acquittal/dismissal?
Bautista vs Cuneta-Pangilinan 684 S 521
Period to Appeal
Yu vs Hon Rosa Samson-Tatad and People, GR 170979, Feb 9, 2011
Appeal will open whole case for review
People vs Maraorao 674 S 151
People vs Dulay 681 S 638
People vs Brainer 683 S 505
Effect of appeal on non-appellants
Salvatierra vs CA, GR 115998, June 11, 2000
People vs Brillantes 671 S 388
Rule 124
(Procedure Court of Appeals)
Title of case to review the same
Rule in Filing Briefs: 30 30 20 (days)
Power to Receive Evidence
- instances
Motion for New Trial
Rule 125
(Procedure Supreme Court)
Same as in Court of Appeals
Effect when En Banc Court equally divided
Rule 126
(Search and Seizure)
Search Warrant defined
Distinguish from warrant of arrest
Mantaring v. Roman, Jr. (254 SCRA 158 [1996])
where applied
what may be seized
requisites to issuance
Malalaon vs CA 232 SCRA 249

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People v. Court of Appeals 291 S 400

validity of warrant
search and seizure without warrant
instances
Rule 127
(Provisional Remedies in Criminal Cases)
Provisional Remedies in civil actions also available in criminal cases, so far as applicable
(Sec. 1).