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Criminal Procedure

Atty. Victor Y. Eleazar


Suggested textbooks: Herrera, Remedial Law, Vol. IV; Riano,
Criminal Procedure
I.

General Principles
A.
Concept of Remedial Law
B.
Substantive Law as Distinguished from Remedial Law
1.
Concepts
a.
Substantive Law
b.
Procedural Law
c.
Jurisdiction
d.
Venue
C.
Rule-making Power of the Supreme Court
Sec. 5, Article VIII, 1987 Constitution
Echegaray v. The Secretary of Justice (Resolution
in G.R. No. 132601, January 19, 1999, 301 SCRA
96)
1.
Limitations on the rule-making power of the
Supreme Court
Sec. 2 of Article VIII, 1987 Constitution
Sec. 30, Article VI, 1987 Constitution
Fabian v. Desierto, G.R. No. 129742, September
16, 1998, 295 SCRA 470
Kuizon v. Desierto, G.R. NO. 140619-24, March 9,
2001, 354 SCRA 158
Baviera v. Zoleta, G.R. No. 1609098, October 12,
2006, 504 SCRA 280
2.
Power of the Supreme Court to amend and
suspend
procedural rules
Neypes v. Court of Appeals, G.R. No. 141524,
September 14, 2005, 469 SCRA 633.
Rodriguez v. People, G.R. No. 192799, October 24,
2012, 684 SCRA 580
3.
Power to suspend procedural rules
Agote v. Lorenzo, G.R. No. 142675, July 22, 2005,
464 SCRA 60
Almuete v. People, G.R. No. 179611, March 12,
2013
People v. Gatward, G.R. No. 119722-73,
February 7, 1997, 267 SCRA 785
Sumbilla v. Matrix Finance Corp., G.R. No.
197582, June 29, 2015
4.
Retroactivity of procedural rules

Date of last revision, September 14, 2015

Article 4, Civil Code


Heirs of Eduardo Simon v. Chan, G.R. No. 157547,
February 23, 2011, 644 SCRA 13
People v. Lacson, G.R. No. 149453, April 1, 2003,
400 SCRA 267
5.
Basic principles in Jurisdiction
a.
Equity jurisdiction
Poso v. Mijares, A.M. No. RTJ-02-1693, August
21, 2002, 387 SCRA 485
San Juan v. Sandiganbayan, G.R. No. 173956,
August 6, 2008
b.
Elements of Jurisdiction
(i)
Jurisdiction over the subject matter or
nature of the case
(ii) Jurisdiction over the parties
(iii) Jurisdiction over the res
c.
Estoppel
Figueroa v. People, G.R. No. 147406, July 14,
2008, 558 SCRA 63
d.
Elements of Criminal Jurisdiction
(i)
Territorial jurisdiction
(ii) Jurisdiction over the subject matter
(iii) Jurisdiction over the person of the
accused
6.
Classes of Jurisdiction
a.
Concepts
(i)
General
(ii) Special or Limited
(iii) Original
(iv) Appellate
(v) Exclusive
(vi) Concurrence/confluent/coordinate
Magno v. People, G.R. No. 171542, April 6,
2011
b.
Nature of Philippine Courts
(i)
Meaning of a court
(ii) Court as distinguished from a judge
c.
Classification of Philippine courts
d.
Courts of original and appellate jurisdiction
e.
Courts of general and special jurisdiction
f.
Constitutional and statutory courts
g.
Courts of law and equity
h.
Principle of judicial hierarchy
Declarador v. Judge Gubaton, G.R. No.
159208, August 18, 2006, 499 SCRA 341
Note: Issue on application of RA 9344
overturned in People v. Sarcia, G.R. No.
169641, September 10, 2009
2

II.

Perez v. Ombudsman, G.R. No. 131445, May


27, 2004
People and AAA v. Court of Appeals, G.R. No.
183652, February 25, 2015
i.
Doctrine of non-interference or doctrine of
judicial stability
(i)
Doctrine Of Judicial Stability
Bagalihog v. Judge Fernandez, G.R. No.
96356, June 27, 1991
See Superlines Transportation Co. Inc. v.
Philippine National Construction Co.,
G.R. No. 169596, March 28, 2007 and
Victory Liner Inc. v. Bellosillo, A.M. No.
MTJ-00-1321, March 10, 2004, 425 SCRA
79
Jurisdiction
A.
Jurisdiction in general
1.
Meaning of jurisdiction over the subject matter
2.
Jurisdiction versus the exercise of jurisdiction
3.
Error of jurisdiction as distinguished from error of
judgment
4.
How jurisdiction is conferred and determined
5.
Doctrine of primary jurisdiction
Sia v. People, G.R. No. 159659, October 12, 2006
Cabral v. Uy, G.R. No. 174584, January 20, 2010,
610 SCRA 405
Baviera v. Paglinawan, G.R. No. 168380, February
8, 2007, 515 SCRA 170
6.
Doctrine of adherence of jurisdiction
People v. Court of Appeals, G.R. No. 154557,
February 13, 2008
a.
Instances when a court may lose jurisdiction
even if it has been attached to it
7.
The facts alleged in the complaint and the law in
force at the time of commencement of action
determine the jurisdiction
People v. Sandiganbayan (Rolando Plaza), G.R. No.
169004, September 15, 2010, 630 SCRA 489
8.
Objections to jurisdiction over the subject matter
9.
Effect of estoppel on objections to jurisdiction
10. When injunction may be issued to restrain criminal
prosecution
Marcelo Jr. v. Villordon, G.R. 173081, December 15,
2010, 638 SCRA 557
Hipos v. Judge Bay, G.R. No. 174813-15, March 17,
2009, 581 SCRA 674
Enriquez v. Office of the Ombudsman, G.R. No.
174902-06, February 15, 2008, 545 SCRA 618
3

B.

C.

Jurisdiction over the parties


1.
How jurisdiction over the accused is acquired
2.
Jurisdiction over the subject matter
3.
Distinguish jurisdiction over subject matter from
jurisdiction over person of the accused
Miranda v. Tuliao, G.R. No. 158763, March 31,
2006, 486 SCRA 377
Alawiya v. Court of Appeals, G.R. No. 164170, April
16, 2009
David v. Agbay and People, G.R. No. 199113,
March 18, 2015
4.
Jurisdiction of Criminal courts
Treas v. People, G.R. No. 195002, January 25,
2012
Sec. 4 of Rep. Act No. 10175
Serena v. Sandiganbayan, G.R. No. 162059,
January 22, 2008, 542 SCRA 224
Jurisdiction of Courts
1.
Supreme Court
a.
Sec. 1, Art. VIII, 1987 Constitution
b.
Internal Rules of the Supreme Court
Rule 2, Sec. 3; Sec. 11; Sec. 14
Rule 3, Sec. 2; Sec. 3; Sec. 4
Rule 9, Sec. 5
Rule 10, Sec. 2
2.
Court of Appeals
a.
Sec. 9 of BP 129, as amended by Rep. Act
No. 8246
b.
2009 Internal Rules of the Court of Appeals
Rule III, Sec. 2 (h); Sec. 3
Rule IV, Sec. 4 (b)
Rule VI
People v. Mateo, G.R. No. 147678-87, July 7,
2004, 433 SCRA 640
3.
Court of Tax Appeals
a.
Rep. No. 9503
b.
Rep. Act No. 9282 amending RA 1125.
4.
Sandiganbayan
a.
Rep. Act No. 8249; RA 10660
Llorente Jr. v. Sandiganbayan, G.R. No.
122297-98, January 19, 2000
Magno v. People, G.R. No. 171542, April 6,
2011
Sanchez v. Demetriou, G.R. No. 111771-77,
November 9, 1993
b.
Revised Internal Rules of the Sandiganbayan
Rule III, Sec. 3
Rule VII, Sec. 1; Sec. 4
4

5.

6.

Rule IX, Sec. 1; Sec. 4, Sec. 5; Sec. 6, Sec. 7;


Sec. 8
Rule X, Sec.1
Rule XI, Sections 1 and 2
Ombudsman
a.
Rep. Act No. 6770
Office of the Ombudsman v. Rodriguez, 625
SCRA 299
Uy v. Sandiganbayan, G.R. Nos. 105965-70,
August 9, 1999; Resolution dated February
20, 2000; Resolution of March 20, 2001
Castro v. Deloria, G.R. No. 163586, January
27, 2009
People v. Go, G.R. No. 168539, March 25,
2014
Regional Trial Courts
a.
Sec. 20 of BP 129 as amended by Rep. Act

No. 7691
b.

7.

8.

Other
laws
which
specifically
lodge
jurisdiction in the RTC: (a) Libel; (b) Decree on
Intellectual Property; (c) Dangerous Drugs
cses except where the offenders are under 16
and there are Family Courts in the province;
(d) Special Agrarian Courts under Sec. 56 of
RA 6657, as amended
Tan v. Bausch & Lomb, Inc., G.R. No. 148420,
December 15, 2005, 478 SCRA 115
Samson v. Daway, G.R. No. 160054-55, July
21, 2004, 434 SCRA 612
c.
Sec. 21 of BP 129 as amended
d.
Sec. 20 of BP 129, as amended (appellate
jurisdiction over all cases decided by the
MTCs in their respective territorial jurisdiction
e.
In areas where there are no family courts, the
cases falling under the jurisdiction of family
courts shall be adjudicatied by the RTC
f.
Sec. 23 of BP 129, as amended
f.
Sec. 24 of BP 129, as amended
Family Courts
a.
Rep. Act No. 8369 (Family Courts Act of 1997)
b.
RA 9344 as amended by RA 10630, Sec. 6
People v. Judge Yadao, G.R. No. 162144-54,
November 13, 2012
c.
Rep. Act No. 7610, as amended by Rep. Act
No. 7658
d.
Rep. Act No. 9262
Metropolitan Trial Courts/Municipal Trial Courts
a.
Sec. 32 of BP 129, as amended
5

III.

b.
Sec. 35 of BP 129, as amended
Figueroa v. People, G.R. No. 147406, July 14, 2008
Comelec v. Judge Aguirre, G.R. No. 171208,
September 7, 2007, 532 SCRA 545
9.
Rules on Summary Procedure
a.
Sec. 36 of BP 129, as amended
b.
Revised Rule on Summary Procedure
10. Rules on Barangay Conciliation
a.
Adm. Circular No. 14-93
b.
Secs. 399-422, Chapter VII, Title I, Book III,
and Sec. 515, Title I, Book IV, R.A. 7160
2000 Rules on Criminal Procedure
A.
Prosecution of Offenses
Uy v. Sandiganbayan, G.R. No. 105965-70, Resolution
dated March 20, 2001 (354 SCRA 651)
1.
Criminal actions, how instituted
People v Bautista, G.R. No. 168641, April 27, 2007,
522 SCRA 742
SEC v. Interport Resources Corp., G.R. No. 135808,
October 6, 2008, 567 SCRA 354
2.
Who may file them, crimes that cannot be
prosecuted de officio
In Salazar v. People, G.R. No. 149472, October 15,
2002
3.
Criminal actions, when enjoined
4.
Control of prosecution
Pinote v. Ayco, A.M. No. RTJ-05-1944, December
13, 2005, 477 SCRA 409
Bangayan Jr. v. Bangayan, G.R. No. 172777,
October 19, 2011, 659 SCRA 2011
Fenequito v. Vergara Jr., G.R. No. 172829, July 18,
2012
Jimenez v. Judge Sorongon, G.R. No. 178607,
December 5, 2012
In Merciales v. Court of Appeals, G.R. No. 124171,
March 18, 2002
People v. Sandiganbayan (Perez), G.R. No. 188165
& 189063, December 11, 2013
5.
Sufficiency of Complaint or Information
Lazarte v. Sandiganbayan, G.R. No. 180122, March
13, 2009, 581 SCRA 431
Guinhawa v. People, G.R. No. 162822, August 25,
2005
People v. Bayabos, G.R. No. 171222, February 18,
2015
6.
Designation of Offense
Information must allege the qualifying and
aggravating
circumstances
6

People vs. Avendao, G.R. No. 137407, January 28,


2003
Relationship in rape must be correctly alleged in
the information
People vs. Amadore, G.R. Nos. 140669-75 &
140691, April 20, 2001
Disguise as an aggravating circumstance
People v. Feliciano, Jr., G.R. No. 196735, May 5,
2014
7.
Cause of the Accusation
Precision in language
People v. Flores, Jr., G.R. No. 128823-24,
December 27, 2002
People v. Tampos, G.R. No. 142740, August 6,
2003
People v. Cantomayor, G.R. No. 145522, December
5, 2002
8.
Duplicity of the Offense; Exception
People v. Avendano, G.R. No. 137407, January 28,
2003
Ivler v. Judge San Pedro, G.R. No. 172716,
November 17, 2010, 635 SCRA 191
9.
Amendment or Substitution of complaint or
information
Galvez v. Court of Appeals, G.R. No. 114046,
October 24, 1994
Teehankee v. Madayag, G.R. No. 103102, March 6,
1992
Matalam v. The Second Division of the
Sandiganbayan, G.R. No. 165751, April 12, 2005,
455 SCRA 736
Soberano v. People, G.R. No. 154629, October 5,
2005, 472 SCRA 125
Braza v. Sandiganbayan, G.R. No. 195032,
February 20, 2013
10. Venue of criminal actions
Union Bank of the Philippines v. People, G.R. No.
192565, February 28, 2012, 667 SCRA 113
a.
Change of venue in criminal cases
Art. VIII, Sec. 5 (4), 1987 Constitution
People v. Grey, G.R. No. 180109, July 26, 2010
Venue in VAWC cases
11. Intervention of offended party
Alonte v. Savellano Jr., G.R. No. 131652, March 9,
1998, 287 SCRA
Tan, Jr. v. Gallardo, G.R. Nos. L-41213-14, October
5, 1976, 73 SCRA 306

Chua v. Court of Appeals, G.R. No. 150793,


November 19, 2004, 443 SCRA 259
Liong v. Lee, G.R. No. 181658, August 7, 2013
12. Role of the Public Prosecutor in the prosecution of
offenses
Guidelines on the Role of Prosecutors adopted by
the Eighth UN Congress on the Prevention of Crime
and Treatment of Offenders in Havana, Cuba
(1990)
RA 10071 (Prosecution Service Act of 2010)
13. Role of the Office of the Solicitor General in the
prosecution of offenses
Ong v. Genio, G.R. No. 182336, December 23,
2009
People v. Montesa, Jr., G.R. No. 114302, September
29, 1995
People v. Piccio, G.R. No. 193681, August 6, 2014
Can the OSG maintain a contrary position and
recommend the acquittal of the accused?
People v. Dogaojo, G.R. Nos. 137834-40,
December 3, 2001
Comelec v. Court of Appeals, G.R. No. 108120,
January 26, 1994
Rule on notice of appeal or petitions before the CA
or SC
Cajipe v. People, G.R. No. 203605, April 23, 2014
14. Office of the Ombudsman
Article XI, 1987 Constitution
RA 6770
15. Office of the Special Prosecutor
RA 6770, Sec. 11
Gonzales III v. Office of the President, G.R. No.
196231, September 4, 2011
16. Public Attorneys Office
EO 292 as amended by RA 9406
17. Counsel de oficio
Rule 116, Sections 7 and 8
Rule 122, Sec. 13
B.
Prosecution of Civil Action
1.
Rule on implied institution of civil action with
criminal
action
Rimando v. Aldaba, G.R. No. 20353, October 13,
2014
Abellana v. People, G.R. No. 174654, August 17,
2011, 655 SCRA 683
Garces v. Hernandez Jr., G.R. No. 180761, August
9, 2010, 627 SCRA 366
8

2.

3.
4.
action

C.

Crisologo v. People, G.R. No. 199481, December 3,


2012
People v. Yanson, G.R. No. 179195, October 3,
2011, 658 SCRA 385
When civil action may proceed independently
Maniago v. Court of Appeals, G.R. No. 104392,
February 20, 1996, 253 SCRA 674
Casapunan v. Laroya, G.R. No. 145391, Augus5 26,
2002, 388 SCRA 28
Lim v. Kou Co Ping, G.R. No. 175256, August 23,
2012
When separate civil action is suspended
Effect of the death of accused or convict on civil

De Guzman vs. People, G.R. No. 154579, October


8, 2003
People v. Bayotas, G.R. No. 102007, September 2,
1994, 236 SCRA 239
Calang v. People, G.R. No. 190696, August 3, 2010,
626 SCRA 679
People v. Paras, G.R. No. 192912, October 22,
2014
Respicio v. People, G.R. Nos. 178701 and 178754,
June 6, 2011, 650 SCRA 573; March 11, 2015
Resolution
Philippine Rabbit Bus v. People, April 14, 2004, 427
SCRA 456
5.
Prejudicial Question
Te v. Court of Appeals, G.R. No. 126746, November
29, 2000
Ty-de Zuzuarregui v. Villarosa, G.R. No. 183788,
April 5, 2010, 617 SCRA 377
Gidwani v. People, G.R. No. 195064, January 15,
2014
6.
Rule on Filing Fees in civil action deemed instituted
with the criminal action
Viray v. People, G.R. No. 205180, November 11,
2013
Preliminary Investigation
1.
Nature of right
Yu vs. Sandiganbayan, G.R. No. 128466, May 31,
2001
2.
Purposes of preliminary investigation
Aguilar v. Department of Justice, G.R. No. 197522,
September 11, 2013
Punzalan v. Plata, G.R. No. 160316, September 2,
2013
Lanier v. People, G.R. No. 189176, March 19, 2014
9

3.

4.
5.

Ladlad v. Velasco, G.R. Nos. 172070-72, June 1,


2007, 523 SCRA 318
Who may conduct determination of existence of
probable cause
Baviera v. Paglinawan, February 8, 2007
SEC v. Interport Resources Corp., G.R. No. 135808,
October 6, 2008
Arroyo v. DOJ, G.R. No. 199082, September 18,
2012
Honasan II v. The Panel of Investigators of the
Department of Justice, G.R. No. 159747, April 13,
2004, 427 SCRA 46
Read again: Alawiya v. Court of Appeals, G.R. No.
164170, April 16, 2009
Perez v. Sandiganbayan (2nd Division), G.R. No.
166062, September 26, 2006, 503 SCRA 252
Sia v. People, G.R. No. 159659, October 12, 2006,
504 SCRA 507
Resolution of investigation prosecutor
Review
People v. Garfin, G.R. No. 153176, March 29, 2004,
426 SCRA 393
Tolentino v. Pacqueo, Jr., G.R. No. 150606, June 7,
2007, 525 SCRA 377
Manual for Prosecutors, Sec. 56
DOJ No. 70 dated July 3, 2000
Sec. 7, Adm. Order No. 7 dated April 10, 1990, Re:
Rules of Procedure of the Office of the
Ombudsman, as amended by Adm. Order No. 15
dated February 16, 2001
Ledesma v. CA, G.R. No. 113216, September 5,
1997, 278 SCRA 656
Metropolitan Bank and Trust Company v.
Reynaldo, G.R. No. 164538, August 9, 2010, 627
SCRA 88
PNB v. Soriano, G.R. No. 164051, October 3, 2012
Torres v. Perez, G.R. No. 188225, November 28,
2012
Po v. Department of Justice, G.R. No. 195198,
February 11, 2013
Villanueva v. Caparas, G.R. No. 190969, January
30, 2013
Read again: Alawiya v. Court of Appeals, G.R. No.
164170, April 16, 2009
Securities and Exchange Commission v. Santos,
G.R. No. 1995542, March 19, 2014
Judicial interence in the conduct of a preliminary
investigation?
10

6.

7.

Lanier v. People, G.R. No. 189176, March 19, 2014


Aguilar v. Department of Justice, G.R. No. 197522,
September 11, 2013
Punzalan v. Plata, G.R. No. 160316, September 2,
2013
People v. Court of Appeals, G.R. No. 126005,
January 21, 1999
Tan v. Ballena, G.R. No. 168111, July 4, 2008, 557
SCRA 229
Heirs of the late Nestor Tria v. Atty. Obias, G.R. No.
175887, November 24, 2010, 636 SCRA 91
Tan, Jr. v. Matsuura, G.R. No. 179003, January 9,
2013
People v. Yecyec, G.R. No. 183551, November 12,
2014
When warrant of arrest may issue
Sales vs. Sandiganbayan, G.R. Nos. 143802,
November 16, 2001
Ramiscal v. Sandiganbayan, G.R. No. 169727-28,
August 18, 2006
People v. Judge Yadao, G.R. No. 162144-54,
November 13, 2012
Cajipe v. People, G.R. No. 203605, April 23, 2014
Santos v. Orda, Jr., 620 SCRA 374
Mendoza v. People, G.R. No. 197293, April 21,
2014
Cases not requiring a preliminary investigation
Revised Rule on Summary Procedure
Verzano Jr. v. Paro, G.R. No. 171643, August 8,

2010
Borlongan v. Pena, G.R. No. 143591, May 5, 2010
8.
Remedies of accused if there was no
preliminary
investigation
Go v. Court of Appeals, 206 SCRA 138
San Agustin v. People, G.R. No. 158211, August 31,
2004
9.
Inquest
Art. 125 of the Revised Penal Code
DOJ Circular No. 61 (New Rules on Inquest)
Read again: Ladlad v. Velasco
D. Arrest
See DOJ Circular No. 50, October 29, 1990
Pangandaman v. Casar, G.R. No. L-71782, April 14,
1988, 159 SCRA 599
Pestilos v. Generoso, G.R. No. 182601, November 10,
2014

11

Sec. 11 of PD 1521 or the Ship Mortgage Decree of


1978
1.
Arrest, how made
2.
Arrest without warrant, when lawful
People v. Racho, G.R. No. 186529, August 3, 2010,
626 SCRA 633
People v. Delos Reyes, G.R. No. 174774, August
31, 2011, 656 SCRA 417
Miclat Jr. v. People, G.R. No. 176077, August 31,
2011, 656 SCRA 539
Antiquera v. People, G.R. No. 180661, December
11, 2013
3.
Method of arrest
a.
by officer with warrant
b.
by officer without warrant
Luz v. People, G.R. No. 197788, February 29,
2012, 667 SCRA 421
c.
by private person
People v. Nuestro, G.R. No. 111288, January
18, 1995
People v. Mendez, G.R. No. 147671,
November 21, 2002
Posadas v. Ombudsman, G.R. No. 131492,
September 29, 2000
4.
Requisites of a valid warrant of arrest
5.
Determination of Probable Cause for issuance of
warrant of arrest
Leviste v. Alameda, G.R. No. 182677, August 3,
2010, 626 SCRA 575
6.
Distinguish probable cause of fiscal from that of a
judge
Bernardo v. Tan, G.R. No. 185491, July 11, 2012
Comerciante v. People, G.R. No. 205926, July 22,
2015
People v. Sydeco, G.R. No. 202692, November 12,
2014
E.
Bail
Sec. 13, Art. III, 1987 Constitution
Sec. 14 (2), Art. III, 1987 Constitution
People v. Hu Ruey Chun, G.R. No. 158064, June 30,
2005, 462 SCRA 498
1.
Nature
Jimenez v. Court of Appeals, G.R. No. 178607,
December 5, 2012
Read again: Miranda v. Tuliao, G.R. No. 158763,
March 31, 2006, 486 SCRA 377

12

2.
3.

4.
5.

6.
7.

People v. Judge Maceda, G.R. No. 89591-96,


August 13, 1990, 188 SCRA 532; Resolution dated
January 24, 2000 (323 SCRA 45)
Ocampo v. Abando, G.R. No. 176830, February 11,
2014
A.M. No. 12-11-2-SC (Guidelines for Decongesting
Holding Jails by Enforcing the Rights of Accused
Persons to Bail and to Speedy Trial) dated March
18, 2014
People v. Jalosjos, G.R. No. 132875-76, February 3,
2000, 324 SCRA 689
Redondo v. Judge Dimaano, A.M. No. 1150-MJ, June
30, 1976, 71 SCRA 543. See concurring opinion of
Justice Barredo
Ocampo v. Abando, G.R. No. 176830, February 11,
2014
Enrile v. Sandiganbayan, G.R. No. 213847, August
18, 2015
When a matter of right; exceptions
When a matter of discretion
Pareja v. Gomez, G.R. No. L-18733, July 31, 1962, 5
SCRA 830
People v. Cabral, G.R. No. 131909, February 18,
1999, 303 SCRA 361
Santos v. How, A.M. No. RTJ-05-1946, January 26,
2007, 513 SCRA 25
Leviste v. Court of Appeals, G.R. No. 189122,
March 17, 2010, 615 SCRA 619. See dissenting
opinion of Justice Peralta
The SC made a similar ruling in Qui v. People, G.R.
No. 196161, September 26, 2012
Ruiz v. Beldia, A.M. No. RTJ-02-1731, February 16,
2005, 451 SCRA 402
Yap v. Court of Appeals, G.R. No. 141529, June 6,
2001
Jorda v. Judge Bitas, A.M. No. RTJ-14-2376, March
5, 2014
Hearing of application for bail in capital offenses
Guidelines in fixing amount of bail
2000 Bailbond Guide amended by DOJ Circular No.
74 dated November 6, 2001
Cenzon v. Judge Abad Santos, G.R. No. 164337,
June 27, 2006, 493 SCRA 378
Hu Ruey Chun, 462 SCRA 498
Bail when not required
RA 10389
Increase or Reduction of Bail

13

F.

San Miguel v. Judge Maceda, A.M. No. RTJ-03-1749,


April 4, 2007
8.
Forfeiture and Cancellation of bail
9.
Application not a bar to objections in illegal arrest,
lack of or irregular preliminary investigation
10. Hold Departure Order & Bureau of Immigration
Watchlist
DOJ Circular No. 41, Consolidated Rules governing
the issuances and implementing HDOs, Watchlist
Orders and Allow Departure Orders
SC Circular No. 39-97 dated June 19, 1997
Arroyo v. de Lima, G.R. No. 199034, November 15,
2011 Resolution
11. Bail in environmental cases
12. Preventive Suspension
RA 3019, as amended, Sec. 13
Sec. 24, RA 6770
Villasenor v. Sandiganbayan, G.R. No. 180700,
March 4, 2008, 547 SCRA 658
Rights of the Accused
1.
Rights of accused at the trial
a.
Right to due process
Lai v. People, G.R. No. 175999, July 1, 2015
b.
Presumption of innocence
Re: Conviction of Judge Adoracion G. Angeles,
A.M. No. 06-9-545-RTC, January 31, 2008, 543
SCRA 196
Read again: Leviste v. Court of Appeals, G.R.
No. 189122, March 17, 2010, 615 SCRA 619
c.
Right against self-incrimination
Rosete v. Lim, G.R. No. 136051, June 8, 2006,
490 SCRA 125
People v. Ayson, G.R. No 85215, July 7, 1989,
175 SCRA 217
Dela Cruz v. People, G.R. No. 200748, July 23,
2014
d.
Right to speedy trial
Cabarles v. Maceda, G.R. No. 161330,
February 20, 2007, 516 SCRA 303
Esmea v. Pogoy, G.R. No. L-54110, February
20, 1981, 102 SCRA 861
People v. Sandiganbayan (Perez), G.R. No.
188165 & 189063, December 11, 2013
Angchonco, Jr. v. Ombudsman, 268 SCRA 301
Coscolluela v. Sandiganbayan, G.R. No.
191411, July 15, 2013
e.
Right to confront and cross-examine the
witnesses against him at the trial
14

f.

g.

h.

i.

G.

People v. Go, G.R. No. 130714, December 27,


2002
(i)
Rule on Examination of a Child Witness
(A.M. No. 004-07-SC)
(ii) None presentation of confidential
informant in drug cases is not fatal to
the prosecutions case
People v. Andaya, G.R. No. 183700, October
13, 2014
Right to have compulsory process issued to
secure the attendance of witnesses and
production of other evidence in his behalf
(Rule 115, Sec. 1 (g)
People v. Montejo, G.R. No. L-24154, October
31, 1967
Vda. de Manguerra v. Risos, G.R. No. 152643,
August 28, 2008, 563 SCRA 499
Jaylo v. Sandiganbayan, G.R. Nos. 111502-04,
November 22, 2001, 370 SCRA 170
Right to self-representation
Section 34, Rule 138 of the Rules of
Court
Estoesta v. Court of Appeals, 191 SCRA 303
Right to counsel
Rule 112, Sec. 6
Rule 113, Sec. 14
Rule 115, Sec. 1 (c)
Rule 116, Sec. 6
Rule 116, Sec. 7
Rule 116, Sec. 8
Rule 124, Sec. 2
People v. Serzon Jr., G.R. No. 118435, June 20,
1997
Right to an impartial judge
People v. Opida, G.R. No. L-46272, June 13,

1986
j.
Right to remain silent
Alvero v. People, G.R. No. 145209, June 8,
2006
2.
Rights of persons under Custodial Investigation
Rep. Act No. 7438 Rights of Persons arrested,
detained or under custodial investigation as well
as duties of the arresting, detaining and
investigating officers
Arraignment and Plea
1.
Arraignment and Plea, how made
A.M. No. 09-6-8-SC or the Rules of Procedure for
Environmental Cases, Part IV (Criminal Procedure)
15

2.

3.
lesser

H.

Read again: Braza v. Sandiganbayan, G.R. No.


195032, February 20, 2013
Cabo v. Sandiganbayan, 524 Phil. 575 (2006)
When should plea of NOT GUILTY be entered
People v. Strong, G.R. No. L-38626, March 14,
1975, 63 SCRA 133
People v. Balisacan, G.R. No. L-26376, August 31,
1966, 17 SCRA 1119
When may accused enter a plea of guilty to a

offense
Daan v. Sandiganbayan, G.R. Nos. 163972-77,
March 28 2008, 550 SCRA 233
People v. Villarama Jr., G.R. No. 99287, June 23,
1992, 210 SCRA 246
Gonzales III v. Office of the President, G.R. No.
196231, September 4, 2012, 679 SCRA 614
People v. Garcia, Crim. Case Nos. 28107, May 9,
2011 Resolution
4.
Accused plead guilty to capital offense, what the
court should do
People v. Ernas, G.R. No. 137256 to 58, August 6,
2003
People v. Oden, G.R. Nos. 155511-22, April 14,
2004, 427 SCRA 634
Read again: People v. Halil Gambao
5.
Searching Inquiry
People v. Mendoza, G.R. No. 80845, March 14,
1994, 231 SCRA 264
6.
Improvident plea
7.
Grounds for suspension of arraignment
Reyes v. Rossi, G.R. No. 159823, February 18,
2013
San Miguel Properties, Inc. v. Perez, G.R. No.
166836, September 4, 2013
Omictin v. CA, 512 SCRA 70
Fabia v. CA, 388 SCRA 576
Motion to Quash
1.
Grounds
Fenequito v. Vergara Jr., G.R. No. 172829, July 18,
2012
Galzote v. Briones, G.R. No. 164682, September
14, 2011, 657 SCRA 535
Co v. People of the Philippines, G.R. No. 160265,
July 13, 2009, 592 SCRA 381
People v. Andrade, G.R. No. 187000, November 24,
2014
2.
Distinguish from demurrer to evidence
16

3.

4.
5.

Effects of sustaining the motion to quash


Javier v. Sandiganbayan, G.R. Nos. 147026-27,
September 11, 2009, 599 SCRA 324
Enrile v. Judge Manalastas, G.R. No. 166414,
October 22, 2014
Exception to the rule that sustaining the motion is
not a bar to another prosecution
Double Jeopardy
a.
Res judicata dressed in prison grey or the
criminal law concept of double jeopardy
Caes v. IAC, 179 SCRA 54
b.
Doctrine of waiver of double jeopardy
People v. Salico, 84 Phil. 722 (October 13,
1949)
c.
Doctrine of estoppel in relation to the plea of
double jeopardy
People v. Acierto, 92 Phil. 534 (January 30,
1953)
Co v. Lim, G.R. No. 164669-70, October 30,
2009, 604 SCRA 702
People v. Velasco, G.R. No. 127444,
September 13, 2000, 340 SCRA 207. Read
separate opinion of Justice Panganiban
Ysidoro v. Leonardo-de Castro, G.R. No.
171513 and G.R. No. 190963, February 6,
2012, 665 SCRA 1
Goodland Company Inc. v. Co, G.R. No.
196685, December 14, 2011, 662 SCRA 692
People v. Laggui, G.R. Nos. 76262-63, March
16, 1989, 171 SCRA 305
People v. Laguio Jr., G.R. No. 128587, March
16, 2007, 518 SCRA 393
People v. Court of Appeals, G.R. No. 187409,
November 16, 2011
Tangan v. People, 155 SCRA 435
People v. Villa, June 30, 1948
People v. Jose, G.R. No. L-28232, February 6,
1971, 37 SCRA 450
Castro v. People, G.R. No. 180832, July 23,
2008, 559 SCRA 676
Heirs of Jane Honrales v. Honrales, G.R. No.
182651, August 25, 2010, 629 SCRA 423
People v. de Grano, G.R. No. 167710, June 5,
2009, 588 SCRA 550
Saldana v. Court of Appeals, G.R. No. 88889,
October 11, 1990, 190 SCRA 397
People v. Uy, G.R. No. 158157, September 30,
2005, 471 SCRA 668
17

I.

J.

People v. Balisacan, G.R. No. L-26376, August


31, 1966, 17 SCRA 1119
People v. Quizada, G.R. Nos. L-61079-81, April
15, 1988, 160 SCRA 516
Ivler v. Judge San Pedro, G.R. No. 172716,
November 17, 2010, 635 SCRA 191
People and AAA v. CA, G.R. No. 183652,
February 25, 2015
6.
Provisional Dismissal
People v. Lacson, G.R. No. 149453, April 1, 2003
Torres Jr. v. Aguinaldo, G.R. No. 164268, June 28,
2005
Baares II v. Balising, G.R. No. 132624, March 13,
2000
7.
Bill of Particulars
Enrile v. People, G.R. No. 213455, August 11, 2015
Pre-trial
Sec. 23, RA 9165
1.
Matters to be considered during pre-trial
2.
What the court should do when prosecution and
offended party agree to the plea offered by
the accused
3.
Pre-trial agreement
Bayas v. Sandiganbayan, G.R. Nos. 143689-91,
November 12, 2002, 391 SCRA 415
4.
Non-appearance during pre-trial
5.
Pre-trial order
6.
Referral of some cases for Court Annexed
Mediation and Judicial Dispute Resolution
Adm. Circ. No. 7-A-92, June 21, 1993
Trial
1.
Instances when presence of accused is required by

law
2.
3.

Requisite before trial can be suspended on


account of absence of witness
Trial in Absentia
People v. Tabag, 268 SCRA 115
Estrada v. People, G.R. No. 162371, August 25,

2005
4.
Remedy when accused is not brought to trial
within the prescribed period
5.
Requisites for discharge of accused to become a
state witness
Quarto v. Ombudsman Marcelo, G.R. No. 169042,
October 5, 2011, 658 SCRA 580
Sec. 17, RA 6770
Ampatuan Jr. v. Sec. de Lima, G.R. No. 197291,
April 3, 2013
18

K.

Section 10, Rep. Act No. 6981


6.
Effects of Discharge of accused as state witness
7.
Demurrer to Evidence
Bangayan Jr. v. Bangayan, 172777, October 19,
2011, 659 SCRA 590
People v. Sandiganbayan (Fourth Division), G.R.
No. 153304-05, February 7, 2012, 665 SCRA 89
People v. Atienza, G.R. No. 171671, June 18, 2012
Bautista v. Cuneta-Pangilinan, G.R. No. 189754,
October 24, 2012
People v. Judge Lagos, G.R. No. 184658, March 6,
2013
8.
Reverse trial
Alejandro v. Pepito, G.R. No. L-52090, February 1,
1980, 96 SCRA 322
People v. Marcial, G.R. Nos. 152864-65, September
27, 2006, 503 SCRA 536
Judgment
Escalante v. People, G.R. No. 192727, January 9, 2013
1.
Requisites of a judgment
2.
Contents of Judgment
Abellana v. People, G.R. No. 174654, August 17,
2011, 655 SCRA 683
3.
Promulgation of judgment; instances of
promulgation of judgment in absentia
People v. de los Reyes, G.R. Nos. 130714 &
139634, October 16, 2012 Resolution
a.
Concept of repromulgation
Adm. Circular No. 16-93, issued on
September 9, 1993
Almuete v. People, G.R. No. 179611, March
12, 2013
People v. Barro, 392 Phil. 857
Estrada v. People, 505 Phil. 339
Rigor v. The Superintendent, New Bilibid
Prison, 458 Phil. 561
4.
Reopening of case
People v. Tee, G.R. Nos. 140546-47, January 20,

2003
5.
6.
7.

Cabarles v. Maceda, G.R. No. 161330, February 20,


2007, 516 SCRA 303
Amendment of the Information
Gonzales v. CA, G.R. No. 108811, May 31, 1994,
232 SCRA 667
When does judgment become final (four instances)
Probation
PD 968 (Probation Law), as amended by PD 1990

19

L.

M.

Lagrosa v. People, G.R. No. 152044, July 3, 2003,


405 SCRA 357
Colinares v. People, G.R. No. 182748, December
13, 2011, 662 SCRA 266
8.
Necessarily included
People v. Villacorta, G.R. No. 186412, September
7, 2011, 657 SCRA 270
People v. Laog, G.R. No. 178321, October 5, 2011,
658 SCRA 654
Santos v. People, G.R. No. 77429, January 29,
1990, 181 SCRA 487
Villareal v. People, G.R. No. 151258, February 1,
2012, 664 SCRA 519
People v. Manansala, G.R. No. 175939, April 3,
2013
9.
Automatic suspension of judgment under RA 9344,
as amended
Read again: People v. Halil Gambao
People v. Bon, G.R. No. 166401, October 30, 2006,
506 SCRA 168
People v. Sarcia, G.R. No. 169641, September 10,
2009, 599 SCRA 20
People v. Jacinto, G.R. No. 182239, March 16, 2001
New Trial or Reconsideration
1.
Grounds for New Trial
Tadeja v. People, G.R. No. 145336, February 20,
2013
2.
Grounds for Reconsideration
Flores v. People, G.R. No. 181354, February 27,
2013
3.
Requisites before a new trial may be granted on
ground of newly discovered evidence
Custodio v. Sandiganbayan, G.R. No. 96027-28,
March 8, 2005, 453 SCRA 24
4.
Effects of granting a new trial or reconsideration
5.
Application of Neypes Doctrine in Criminal Cases
Olayres v. People, G.R. No. 192799, October 24,
2012
Appeal
1.
Effect of an Appeal
Mercado v. People, G.R. No. 149375, November 26,
2002, 392 SCRA 687
2.
Where to appeal
Torres v. People, G.R. No. 175074, August 31,
2011, 656 SCRA 486
Icdang v. Sandiganbayan, G.R. No. 185960,
January 25, 2012, 664 SCRA 252

20

(i)

Sec. 2 (a), Rule 122: The appeal may be


taken to the Regional Trial Court, in
cases decided by the Metropolitan Trial
Court, Municipal Trial Court in Cities,
Municipal Trial Court, or Municipal
Circuit Trial Court
(ii) Sec. 2 (b), Rule 122: The appeal may be
taken to the Court of Appeals or the Supreme
Court in the proper cases provided by law, in
cases decided by the Regional Trial Court
(iii) Sec. 2 (c), Rule 122: The appeal may be
taken to the Supreme Court, in cases decided
by the Court of Appeals.
AFFIRMED CONVICTION? HIERARCHY OF REMEDIES:
MOTION FOR RECONSIDERATION
MOTION FOR NEW TRIALNOT LIMITED TO TRIAL COURT
3.

How appeal taken


(i)
Sec. 3 (a), Rule 122: The appeal to the
Regional Trial Court, or to the Court of
Appeals in cases decided by the Regional Trial
court in the exercise of its original
jurisdiction, shall be by notice of appeal filed
with the court which rendered the judgment
or final order appealed from and by serving a
copy thereof upon the adverse party.
(ii) Sec. 3 (b), Rule 122: The appeal to the Court
of Appeals in cases decided by the Regional
Trial Court in the exercise of its appellate
jurisdiction shall be by petition for review
under Rule 42.
(iii) Sec. 3 (c), Rule 122: The appeal in cases
where the penalty imposed by the Regional
Trial Court is reclusion perpetua, life
imprisonment or where a lesser penalty is
imposed for offenses committed on the same
occasion or which arose out of the same
occurrence that gave rise to the more serious
offense for which the penalty of death,
reclusion perpetua, or life imprisonment is
imposed, shall be by notice of appeal to
the Court of Appeals in accordance with
paragraph (a) of this Rule.
(iv) Sec. 3 (d), Rule 122: No notice of appeal
is necessary in cases where the
Regional Trial Court imposed the death
21

4.

5.
6.
7.

7.

8.

penalty. The Court of Appeals shall


automatically review the judgment as
provided in Sec. 10 of this Rule.
Appeal from the CA to the SC
(i)
Sec. 13 (a), Rule 124: Whenever the Court of
Appeals finds that the penalty of death
should be imposed, the court shall render
judgment but refrain from making an
entry of judgment and forthwith certify
the case and elevate its entire record to
the Supreme Court for review.
(ii) Sec. 13 (b), Rule 124: Where the judgment
also imposes a lesser penalty for offenses
committed on the same occasion or
which arose out of the same occurrence that
gave rise to the more severe offense for
which the penalty of death is imposed, and
the accused appeals, the appeal shall be
included in the case certified for review
to the Supreme Court.
(iii) Sec. 13 (c), Rule 124: In cases where the
Court of Appeals imposes reclusion perpetua,
life imprisonment or a lesser penalty, it shall
render and enter judgment imposing such
penalty. The judgment may be appealed
to the Supreme Court by notice of
appeal filed with the Court of Appeals.
Bongalon v. People, G.R. No. 169533, March
20, 2013
Effect of appeal by any of several accused
People v. Mantalaba, G.R. No. 186227, July 20,
2011, 654 SCRA 188
Grounds for dismissal of appeal
Who may appeal
Philippine Rabbit Bus Lines, Inc. v. People, G.R. No.
147703, April 14, 2004, 427 SCRA 456
Menchavez v. Bermudez, G.R. No. 185368, October
11, 2012
Withdrawal of appeal
People v. Paradeza, G.R. No. 144590, February 7,
2003, 397 SCRA 151
People v. Rocha, G.R. No. 173797, August 31,
2007, 531 SCRA 761
Appeals in special cases
a.
Appellate jurisdiction of the Sandiganbayan
Read again: Torres v. People
b.
Sec. 268 of BP 881, as amended (Omnibus
Election Code of the Philippines)
22

N.

Comelec v. Aguirre, G.R. No. 171208,


September 7, 2007, 532 SCRA 545
c.
Jurisdiction of the CTA
Search and Seizure
1.
Nature of search warrant
Washington Distillers Inc. v. CA, G.R. No. 118151,
August 22, 1996
Savage v. Taypin, G.R. No. 134217, May 11, 2000
2.
Distinguish from warrant of arrest
3.
Application for search warrant, where filed
4.
Probable Cause
Worldwide Web Corp. v. People, G.R. No. 161106,
January 13, 2014
5.
Personal examination by judge of the applicant

and
6.

witnesses
Particularity of place to be searched and things to

be

7.
8.

seized
Del Castillo v. People, G.R. No. 185128, January 30,
2012, 664 SCRA 430
Personal property to be seized
Tenorio v. Court of Appeals, G.R. No. 110604,
October 10, 2003
Exceptions to search warrant requirement
a.
Search incidental to lawful arrest
Antiquera v. People, G.R. No. 180661,
December 11, 2013
b.
Consented Search
Read again: Luz v. People
c.
Search of moving vehicle
Caballes v. Court of Appeals, G.R. No.
136292, January 15, 2002
d.
Check points; body checks in airport
Sales v. People, G.R. No. 191023, February 6,

2013
e.

People v. Hadji Socor Cadidia, G.R. No.


191263, October 16, 2013
Plain view situation
People v. Aspiras, G.R. Nos. 138382-84,
February 12, 2002, 376 SCRA 546
People v. Macalaba, G.R. Nos. 146284-86,
January 20, 2003, 395 SCRA 461
Miclat Jr. v. People, G.R. No. 176077, August
31, 2011, 656 SCRA 539

23

PWEDE BANG
SEARCH?

f.

g.

ARREST

INCIDENT

TO

Fajardo v. People, G.R. No. 190889, January


10, 2011
Stop and Frisk situation
Sales v. People, G.R. No. 191023, February 6,
2013
People v. Johnson, 401 Phil. 734
People v. Canton, 442 Phil. 743
Enforcement of Custom Laws
Salvador v. People, G.R. No. 146706, July 15,

2005
h.

Search by private individuals


People v. Marti, G.R. No. 81561, January 18,

1991

O.

Sesbreo v. Court of Appeals, G.R. No.


160689, March 26, 2014
9.
Remedies from unlawful search and seizure
People v. Nuevas, G.R. No. 170233, February 22,
2007, 516 SCRA 463
Tenorio v. Court of Appeals, G.R. No. 110604,
October 10, 2003
Provisional Remedies
Rules on Procedure for Environmental Cases
1.
Nature
Replevin under Rule 60
Chua v. Court of Appeals, G.R. No. 79021, May 17,

1993

P.

R.

Superlines Transportation Co. Inc. v. Philippine


National Construction Co. Inc., G.R. No. 169596,
March 28, 2007
2.
Kinds of provisional remedies
RA 9262
Tua v. Judge Mangrobang, G.R. No. 170701,
January 22, 2014
Petition for Relief from Judgment
Basco v. Court of Appeals, G.R. No. 125290, February
29, 2000
Hilario v. People, 551 SCRA 191 (April 14, 2008)
Del Rosario v. Cedillo, 441 SCRA 70
1.
Annulment of Judgment
Llamas v. Court of Appeals, September 29, 2009
People v. Bitanga, 525 SCRA 623
Rule on DNA Evidence
Sec. 6 of the Rule on DNA Evidence

24

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25

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