Professional Documents
Culture Documents
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
II.
B.
C.
5.
6.
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
2.
3.
4.
action
C.
3.
4.
5.
6.
7.
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
12
2.
3.
4.
5.
6.
7.
13
F.
f.
g.
h.
i.
G.
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.
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.
I.
J.
law
2.
3.
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.
2003
5.
6.
7.
19
L.
M.
20
(i)
4.
5.
6.
7.
7.
8.
N.
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.
23
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f.
g.
ARREST
INCIDENT
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2005
h.
1991
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1993
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