Criminal Procedure

Atty. Victor Y. Eleazar

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

I. General PrinciplesA. Concept of Remedial LawB. Substantive Law as Distinguished from Remedial Law

1. Conceptsa. Substantive Law b. Procedural Law c. Jurisdiction d. Venue

C. Rule-making Power of the Supreme CourtSec. 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 CourtSec. 2 of Article VIII, 1987 ConstitutionSec. 30, Article VI, 1987 ConstitutionFabian 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 158Baviera v. Zoleta, G.R. No. 1609098, October 12, 2006, 504 SCRA 280

2. Power of the Supreme Court to amend and suspend

procedural rulesNeypes 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 rulesAgote v. Lorenzo, G.R. No. 142675, July 22, 2005, 464 SCRA 60Almuete v. People, G.R. No. 179611, March 12,

2013People v. Gatward, G.R. No. 119722-73, February 7, 1997, 267 SCRA 785Sumbilla 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 CodeHeirs of Eduardo Simon v. Chan, G.R. No. 157547, February 23, 2011, 644 SCRA 13People v. Lacson, G.R. No. 149453, April 1, 2003, 400 SCRA 267

5. Basic principles in Jurisdictiona. 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

accused6. Classes of Jurisdiction

a. Concepts(i) General(ii) Special or Limited(iii) Original(iv) Appellate(v) Exclusive(vi) Concurrence/confluent/coordinateMagno v. People, G.R. No. 171542, April 6,

2011b. Nature of Philippine Courts

(i) Meaning of a court(ii) Court as distinguished from a judge

c. Classification of Philippine courtsd. Courts of original and appellate jurisdictione. Courts of general and special jurisdictionf. Constitutional and statutory courtsg. Courts of law and equityh. Principle of judicial hierarchy

Declarador v. Judge Gubaton, G.R. No. 159208, August 18, 2006, 499 SCRA 341Note: Issue on application of RA 9344 overturned in People v. Sarcia, G.R. No. 169641, September 10, 2009

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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, 1991See 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

II. JurisdictionA. Jurisdiction in general

1. Meaning of jurisdiction over the subject matter2. Jurisdiction versus the exercise of jurisdiction3. Error of jurisdiction as distinguished from error of

judgment4. How jurisdiction is conferred and determined5. Doctrine of primary jurisdiction

Sia v. People, G.R. No. 159659, October 12, 2006Cabral v. Uy, G.R. No. 174584, January 20, 2010, 610 SCRA 405Baviera v. Paglinawan, G.R. No. 168380, February 8, 2007, 515 SCRA 170

6. Doctrine of adherence of jurisdictionPeople v. Court of Appeals, G.R. No. 154557, February 13, 2008a. 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 jurisdictionPeople v. Sandiganbayan (Rolando Plaza), G.R. No. 169004, September 15, 2010, 630 SCRA 489

8. Objections to jurisdiction over the subject matter9. Effect of estoppel on objections to jurisdiction10. When injunction may be issued to restrain criminal

prosecutionMarcelo 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 674Enriquez v. Office of the Ombudsman, G.R. No. 174902-06, February 15, 2008, 545 SCRA 618

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B. Jurisdiction over the parties1. How jurisdiction over the accused is acquired2. Jurisdiction over the subject matter3. Distinguish jurisdiction over subject matter from

jurisdiction over person of the accusedMiranda 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 courtsTreñas 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

C. Jurisdiction of Courts1. Supreme Court

a. Sec. 1, Art. VIII, 1987 Constitutionb. Internal Rules of the Supreme Court

Rule 2, Sec. 3; Sec. 11; Sec. 14Rule 3, Sec. 2; Sec. 3; Sec. 4Rule 9, Sec. 5Rule 10, Sec. 2

2. Court of Appealsa. 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. 3Rule IV, Sec. 4 (b)Rule VIPeople 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. Sandiganbayana. 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,

2011Sanchez v. Demetriou, G.R. No. 111771-77, November 9, 1993

b. Revised Internal Rules of the SandiganbayanRule III, Sec. 3Rule VII, Sec. 1; Sec. 4

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Rule IX, Sec. 1; Sec. 4, Sec. 5; Sec. 6, Sec. 7; Sec. 8

Rule X, Sec.1Rule XI, Sections 1 and 2

5. Ombudsmana. 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, 2001Castro v. Deloria, G.R. No. 163586, January 27, 2009People v. Go, G.R. No. 168539, March 25, 2014

6. Regional Trial Courtsa. Sec. 20 of BP 129 as amended by Rep. Act

No. 7691b. 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 amendedTan v. Bausch & Lomb, Inc., G.R. No. 148420, December 15, 2005, 478 SCRA 115Samson v. Daway, G.R. No. 160054-55, July 21, 2004, 434 SCRA 612

c. Sec. 21 of BP 129 as amendedd. 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 amendedf. Sec. 24 of BP 129, as amended

7. Family Courtsa. 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 8. Metropolitan Trial Courts/Municipal Trial Courts

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a. Sec. 32 of BP 129, as amendedb. Sec. 35 of BP 129, as amendedFigueroa v. People, G.R. No. 147406, July 14, 2008Comelec v. Judge Aguirre, G.R. No. 171208, September 7, 2007, 532 SCRA 545

9. Rules on Summary Procedurea. Sec. 36 of BP 129, as amendedb. Revised Rule on Summary Procedure

10. Rules on Barangay Conciliationa. Adm. Circular No. 14-93b. Secs. 399-422, Chapter VII, Title I, Book III,

and Sec. 515, Title I, Book IV, R.A. 7160III. 2000 Rules on Criminal Procedure

A. Prosecution of OffensesUy 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 742SEC 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 officioIn Salazar v. People, G.R. No. 149472, October 15, 2002

3. Criminal actions, when enjoined4. Control of prosecution

Pinote v. Ayco, A.M. No. RTJ-05-1944, December 13, 2005, 477 SCRA 409Bangayan Jr. v. Bangayan, G.R. No. 172777, October 19, 2011, 659 SCRA 2011Fenequito v. Vergara Jr., G.R. No. 172829, July 18, 2012Jimenez v. Judge Sorongon, G.R. No. 178607, December 5, 2012In Merciales v. Court of Appeals, G.R. No. 124171, March 18, 2002People v. Sandiganbayan (Perez), G.R. No. 188165 & 189063, December 11, 2013

5. Sufficiency of Complaint or InformationLazarte v. Sandiganbayan, G.R. No. 180122, March 13, 2009, 581 SCRA 431 Guinhawa v. People, G.R. No. 162822, August 25, 2005People v. Bayabos, G.R. No. 171222, February 18, 2015

6. Designation of Offense

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Information must allege the qualifying and aggravating circumstances

People vs. Avendaño, G.R. No. 137407, January 28, 2003Relationship in rape must be correctly alleged in the informationPeople vs. Amadore, G.R. Nos. 140669-75 & 140691, April 20, 2001Disguise as an aggravating circumstancePeople v. Feliciano, Jr., G.R. No. 196735, May 5, 2014

7. Cause of the AccusationPrecision in languagePeople v. Flores, Jr., G.R. No. 128823-24, December 27, 2002People 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, 2003Ivler 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, 1994Teehankee v. Madayag, G.R. No. 103102, March 6,

1992Matalam v. The Second Division of the Sandiganbayan, G.R. No. 165751, April 12, 2005, 455 SCRA 736Soberano v. People, G.R. No. 154629, October 5, 2005, 472 SCRA 125Braza v. Sandiganbayan, G.R. No. 195032, February 20, 2013

10. Venue of criminal actionsUnion Bank of the Philippines v. People, G.R. No. 192565, February 28, 2012, 667 SCRA 113a. Change of venue in criminal casesArt. VIII, Sec. 5 (4), 1987 ConstitutionPeople v. Grey, G.R. No. 180109, July 26, 2010Venue in VAWC cases

11. Intervention of offended partyAlonte v. Savellano Jr., G.R. No. 131652, March 9, 1998, 287 SCRA

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Tan, Jr. v. Gallardo, G.R. Nos. L-41213-14, October 5, 1976, 73 SCRA 306Chua v. Court of Appeals, G.R. No. 150793, November 19, 2004, 443 SCRA 259Liong v. Lee, G.R. No. 181658, August 7, 2013

12. Role of the Public Prosecutor in the prosecution of offensesGuidelines 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 offensesOng v. Genio, G.R. No. 182336, December 23, 2009People v. Montesa, Jr., G.R. No. 114302, September 29, 1995People v. Piccio, G.R. No. 193681, August 6, 2014Can the OSG maintain a contrary position and recommend the acquittal of the accused?People v. Dogaojo, G.R. Nos. 137834-40, December 3, 2001Comelec v. Court of Appeals, G.R. No. 108120, January 26, 1994Rule on notice of appeal or petitions before the CA or SCCajipe v. People, G.R. No. 203605, April 23, 2014

14. Office of the OmbudsmanArticle XI, 1987 ConstitutionRA 6770

15. Office of the Special ProsecutorRA 6770, Sec. 11 Gonzales III v. Office of the President, G.R. No. 196231, September 4, 2011

16. Public Attorney’s OfficeEO 292 as amended by RA 9406

17. Counsel de oficioRule 116, Sections 7 and 8Rule 122, Sec. 13

B. Prosecution of Civil Action1. Rule on implied institution of civil action with

criminal actionRimando v. Aldaba, G.R. No. 20353, October 13, 2014Abellana v. People, G.R. No. 174654, August 17, 2011, 655 SCRA 683

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Garces v. Hernandez Jr., G.R. No. 180761, August 9, 2010, 627 SCRA 366Crisologo v. People, G.R. No. 199481, December 3, 2012People v. Yanson, G.R. No. 179195, October 3, 2011, 658 SCRA 385

2. When civil action may proceed independentlyManiago v. Court of Appeals, G.R. No. 104392, February 20, 1996, 253 SCRA 674Casapunan v. Laroya, G.R. No. 145391, Augus5 26, 2002, 388 SCRA 28Lim v. Kou Co Ping, G.R. No. 175256, August 23, 2012

3. When separate civil action is suspended4. Effect of the death of accused or convict on civil

actionDe 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, 2014Respicio v. People, G.R. Nos. 178701 and 178754, June 6, 2011, 650 SCRA 573; March 11, 2015 ResolutionPhilippine Rabbit Bus v. People, April 14, 2004, 427 SCRA 456

5. Prejudicial QuestionTe 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 377Gidwani v. People, G.R. No. 195064, January 15, 2014

6. Rule on Filing Fees in civil action deemed instituted with the criminal actionViray v. People, G.R. No. 205180, November 11, 2013

C. Preliminary Investigation1. 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

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Punzalan v. Plata, G.R. No. 160316, September 2, 2013 Lanier v. People, G.R. No. 189176, March 19, 2014Ladlad v. Velasco, G.R. Nos. 172070-72, June 1, 2007, 523 SCRA 318

3. Who may conduct determination of existence of probable causeBaviera v. Paglinawan, February 8, 2007SEC v. Interport Resources Corp., G.R. No. 135808, October 6, 2008Arroyo v. DOJ, G.R. No. 199082, September 18, 2012Honasan II v. The Panel of Investigators of the Department of Justice, G.R. No. 159747, April 13, 2004, 427 SCRA 46Read again: Alawiya v. Court of Appeals, G.R. No. 164170, April 16, 2009Perez v. Sandiganbayan (2nd Division), G.R. No. 166062, September 26, 2006, 503 SCRA 252Sia v. People, G.R. No. 159659, October 12, 2006, 504 SCRA 507

4. Resolution of investigation prosecutor5. Review

People v. Garfin, G.R. No. 153176, March 29, 2004, 426 SCRA 393Tolentino v. Pacqueo, Jr., G.R. No. 150606, June 7, 2007, 525 SCRA 377Manual for Prosecutors, Sec. 56DOJ No. 70 dated July 3, 2000Sec. 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, 2001Ledesma 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 88PNB v. Soriano, G.R. No. 164051, October 3, 2012Torres v. Perez, G.R. No. 188225, November 28, 2012Po v. Department of Justice, G.R. No. 195198, February 11, 2013 Villanueva v. Caparas, G.R. No. 190969, January 30, 2013Read again: Alawiya v. Court of Appeals, G.R. No. 164170, April 16, 2009

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Securities and Exchange Commission v. Santos, G.R. No. 1995542, March 19, 2014Judicial interence in the conduct of a preliminary investigation?Lanier v. People, G.R. No. 189176, March 19, 2014Aguilar v. Department of Justice, G.R. No. 197522, September 11, 2013Punzalan v. Plata, G.R. No. 160316, September 2, 2013People v. Court of Appeals, G.R. No. 126005, January 21, 1999Tan v. Ballena, G.R. No. 168111, July 4, 2008, 557 SCRA 229Heirs of the late Nestor Tria v. Atty. Obias, G.R. No. 175887, November 24, 2010, 636 SCRA 91Tan, Jr. v. Matsuura, G.R. No. 179003, January 9, 2013People v. Yecyec, G.R. No. 183551, November 12, 2014

6. When warrant of arrest may issueSales 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, 2012Cajipe v. People, G.R. No. 203605, April 23, 2014Santos v. Orda, Jr., 620 SCRA 374Mendoza v. People, G.R. No. 197293, April 21, 2014

7. Cases not requiring a preliminary investigationRevised Rule on Summary ProcedureVerzano Jr. v. Paro, G.R. No. 171643, August 8,

2010Borlongan v. Pena, G.R. No. 143591, May 5, 2010

8. Remedies of accused if there was no preliminary

investigationGo v. Court of Appeals, 206 SCRA 138San Agustin v. People, G.R. No. 158211, August 31, 2004

9. InquestArt. 125 of the Revised Penal CodeDOJ Circular No. 61 (New Rules on Inquest)Read again: Ladlad v. Velasco

D. ArrestSee DOJ Circular No. 50, October 29, 1990

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Pangandaman v. Casar, G.R. No. L-71782, April 14, 1988, 159 SCRA 599Pestilos v. Generoso, G.R. No. 182601, November 10, 2014Sec. 11 of PD 1521 or the Ship Mortgage Decree of 19781. Arrest, how made2. 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 arresta. by officer with warrantb. by officer without warrant

Luz v. People, G.R. No. 197788, February 29, 2012, 667 SCRA 421

c. by private personPeople v. Nuestro, G.R. No. 111288, January 18, 1995 People v. Mendez, G.R. No. 147671, November 21, 2002Posadas v. Ombudsman, G.R. No. 131492, September 29, 2000

4. Requisites of a valid warrant of arrest5. Determination of Probable Cause for issuance of

warrant of arrestLeviste 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, 2012Comerciante v. People, G.R. No. 205926, July 22,

2015People v. Sydeco, G.R. No. 202692, November 12,

2014E. Bail

Sec. 13, Art. III, 1987 ConstitutionSec. 14 (2), Art. III, 1987 ConstitutionPeople v. Hu Ruey Chun, G.R. No. 158064, June 30, 2005, 462 SCRA 4981. Nature

Jimenez v. Court of Appeals, G.R. No. 178607, December 5, 2012

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Read again: Miranda v. Tuliao, G.R. No. 158763, March 31, 2006, 486 SCRA 377People 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, 2014A.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 689Redondo v. Judge Dimaano, A.M. No. 1150-MJ, June 30, 1976, 71 SCRA 543. See concurring opinion of Justice BarredoOcampo v. Abando, G.R. No. 176830, February 11, 2014Enrile v. Sandiganbayan, G.R. No. 213847, August 18, 2015

2. When a matter of right; exceptions3. 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 361Santos v. How, A.M. No. RTJ-05-1946, January 26, 2007, 513 SCRA 25Leviste 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, 2012Ruiz v. Beldia, A.M. No. RTJ-02-1731, February 16, 2005, 451 SCRA 402Yap v. Court of Appeals, G.R. No. 141529, June 6, 2001Jorda v. Judge Bitas, A.M. No. RTJ-14-2376, March 5, 2014

4. Hearing of application for bail in capital offenses5. Guidelines in fixing amount of bail

2000 Bailbond Guide amended by DOJ Circular No. 74 dated November 6, 2001Cenzon v. Judge Abad Santos, G.R. No. 164337, June 27, 2006, 493 SCRA 378Hu Ruey Chun, 462 SCRA 498

6. Bail when not requiredRA 10389

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7. Increase or Reduction of BailSan Miguel v. Judge Maceda, A.M. No. RTJ-03-1749, April 4, 2007

8. Forfeiture and Cancellation of bail9. Application not a bar to objections in illegal arrest,

lack of or irregular preliminary investigation10. Hold Departure Order & Bureau of Immigration

WatchlistDOJ Circular No. 41, Consolidated Rules governing the issuances and implementing HDOs, Watchlist Orders and Allow Departure OrdersSC Circular No. 39-97 dated June 19, 1997Arroyo v. de Lima, G.R. No. 199034, November 15, 2011 Resolution

11. Bail in environmental cases12. Preventive Suspension

RA 3019, as amended, Sec. 13Sec. 24, RA 6770Villasenor v. Sandiganbayan, G.R. No. 180700, March 4, 2008, 547 SCRA 658

F. Rights of the Accused1. Rights of accused at the trial

a. Right to due processLai v. People, G.R. No. 175999, July 1, 2015

b. Presumption of innocenceRe: Conviction of Judge Adoracion G. Angeles, A.M. No. 06-9-545-RTC, January 31, 2008, 543 SCRA 196Read again: Leviste v. Court of Appeals, G.R. No. 189122, March 17, 2010, 615 SCRA 619

c. Right against self-incriminationRosete v. Lim, G.R. No. 136051, June 8, 2006, 490 SCRA 125People v. Ayson, G.R. No 85215, July 7, 1989, 175 SCRA 217Dela Cruz v. People, G.R. No. 200748, July 23, 2014

d. Right to speedy trialCabarles v. Maceda, G.R. No. 161330, February 20, 2007, 516 SCRA 303Esmeña v. Pogoy, G.R. No. L-54110, February 20, 1981, 102 SCRA 861People v. Sandiganbayan (Perez), G.R. No. 188165 & 189063, December 11, 2013 Angchonco, Jr. v. Ombudsman, 268 SCRA 301Coscolluela v. Sandiganbayan, G.R. No. 191411, July 15, 2013

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e. Right to confront and cross-examine the witnesses against him at the trialPeople 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 prosecution’s case

People v. Andaya, G.R. No. 183700, October 13, 2014

f. 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, 1967Vda. 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

g. Right to self-representationSection 34, Rule 138 of the Rules of Court Estoesta v. Court of Appeals, 191 SCRA 303

h. Right to counselRule 112, Sec. 6Rule 113, Sec. 14Rule 115, Sec. 1 (c)Rule 116, Sec. 6 Rule 116, Sec. 7Rule 116, Sec. 8Rule 124, Sec. 2People v. Serzon Jr., G.R. No. 118435, June 20, 1997

i. Right to an impartial judgePeople v. Opida, G.R. No. L-46272, June 13,

1986j. Right to remain silent

Alvero v. People, G.R. No. 145209, June 8, 2006

2. Rights of persons under Custodial InvestigationRep. Act No. 7438 – Rights of Persons arrested, detained or under custodial investigation as well as duties of the arresting, detaining and investigating officers

G. Arraignment and Plea1. Arraignment and Plea, how made

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A.M. No. 09-6-8-SC or the Rules of Procedure for Environmental Cases, Part IV (Criminal Procedure)Read again: Braza v. Sandiganbayan, G.R. No. 195032, February 20, 2013Cabo v. Sandiganbayan, 524 Phil. 575 (2006)

2. When should plea of NOT GUILTY be enteredPeople 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

3. When may accused enter a plea of guilty to a lesser

offenseDaan 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 246Gonzales III v. Office of the President, G.R. No. 196231, September 4, 2012, 679 SCRA 614People v. Garcia, Crim. Case Nos. 28107, May 9, 2011 Resolution

4. Accused plead guilty to capital offense, what the court should doPeople v. Ernas, G.R. No. 137256 to 58, August 6, 2003People v. Oden, G.R. Nos. 155511-22, April 14, 2004, 427 SCRA 634Read again: People v. Halil Gambao

5. Searching InquiryPeople v. Mendoza, G.R. No. 80845, March 14, 1994, 231 SCRA 264

6. Improvident plea7. Grounds for suspension of arraignment

Reyes v. Rossi, G.R. No. 159823, February 18, 2013San Miguel Properties, Inc. v. Perez, G.R. No. 166836, September 4, 2013Omictin v. CA, 512 SCRA 70Fabia v. CA, 388 SCRA 576

H. Motion to Quash1. 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

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People v. Andrade, G.R. No. 187000, November 24, 2014

2. Distinguish from demurrer to evidence3. Effects of sustaining the motion to quash

Javier v. Sandiganbayan, G.R. Nos. 147026-27, September 11, 2009, 599 SCRA 324Enrile v. Judge Manalastas, G.R. No. 166414, October 22, 2014

4. Exception to the rule that sustaining the motion is not a bar to another prosecution

5. Double Jeopardya. Res judicata dressed in prison grey or the

criminal law concept of double jeopardyCaes v. IAC, 179 SCRA 54

b. Doctrine of waiver of double jeopardyPeople v. Salico, 84 Phil. 722 (October 13, 1949)

c. Doctrine of estoppel in relation to the plea of double jeopardyPeople 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 450Castro 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

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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 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 DismissalPeople v. Lacson, G.R. No. 149453, April 1, 2003 Torres Jr. v. Aguinaldo, G.R. No. 164268, June 28, 2005Bañares II v. Balising, G.R. No. 132624, March 13, 2000

7. Bill of ParticularsEnrile v. People, G.R. No. 213455, August 11, 2015

I. Pre-trialSec. 23, RA 91651. Matters to be considered during pre-trial2. What the court should do when prosecution and

offended party agree to the plea offered by the accused

3. Pre-trial agreementBayas v. Sandiganbayan, G.R. Nos. 143689-91, November 12, 2002, 391 SCRA 415

4. Non-appearance during pre-trial5. Pre-trial order6. Referral of some cases for Court Annexed

Mediation and Judicial Dispute ResolutionAdm. Circ. No. 7-A-92, June 21, 1993

J. Trial1. Instances when presence of accused is required by

law2. Requisite before trial can be suspended on

account of absence of witness3. Trial in Absentia

People v. Tabag, 268 SCRA 115Estrada v. People, G.R. No. 162371, August 25,

20054. Remedy when accused is not brought to trial

within the prescribed period5. Requisites for discharge of accused to become a

state witness

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Quarto v. Ombudsman Marcelo, G.R. No. 169042, October 5, 2011, 658 SCRA 580 Sec. 17, RA 6770Ampatuan Jr. v. Sec. de Lima, G.R. No. 197291, April 3, 2013Section 10, Rep. Act No. 6981

6. Effects of Discharge of accused as state witness7. 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 89People 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 trialAlejandro v. Pepito, G.R. No. L-52090, February 1, 1980, 96 SCRA 322People v. Marcial, G.R. Nos. 152864-65, September 27, 2006, 503 SCRA 536

K. JudgmentEscalante v. People, G.R. No. 192727, January 9, 2013 1. Requisites of a judgment2. 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 absentiaPeople 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, 2013People v. Barro, 392 Phil. 857Estrada v. People, 505 Phil. 339Rigor v. The Superintendent, New Bilibid Prison, 458 Phil. 561

4. Reopening of casePeople v. Tee, G.R. Nos. 140546-47, January 20,

2003Cabarles v. Maceda, G.R. No. 161330, February 20, 2007, 516 SCRA 303

5. Amendment of the Information

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Gonzales v. CA, G.R. No. 108811, May 31, 1994, 232 SCRA 667

6. When does judgment become final (four instances)7. Probation

PD 968 (Probation Law), as amended by PD 1990Lagrosa v. People, G.R. No. 152044, July 3, 2003, 405 SCRA 357Colinares v. People, G.R. No. 182748, December 13, 2011, 662 SCRA 266

8. Necessarily includedPeople 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 487Villareal 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 amendedRead again: People v. Halil GambaoPeople v. Bon, G.R. No. 166401, October 30, 2006, 506 SCRA 168 People v. Sarcia, G.R. No. 169641, September 10, 2009, 599 SCRA 20People v. Jacinto, G.R. No. 182239, March 16, 2001

L. New Trial or Reconsideration1. Grounds for New Trial

Tadeja v. People, G.R. No. 145336, February 20, 2013

2. Grounds for ReconsiderationFlores v. People, G.R. No. 181354, February 27, 2013

3. Requisites before a new trial may be granted on ground of newly discovered evidenceCustodio v. Sandiganbayan, G.R. No. 96027-28, March 8, 2005, 453 SCRA 24

4. Effects of granting a new trial or reconsideration5. Application of Neypes Doctrine in Criminal Cases

Olayres v. People, G.R. No. 192799, October 24, 2012

M. Appeal1. Effect of an Appeal

Mercado v. People, G.R. No. 149375, November 26, 2002, 392 SCRA 687

2. Where to appeal

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Torres v. People, G.R. No. 175074, August 31, 2011, 656 SCRA 486Icdang v. Sandiganbayan, G.R. No. 185960, January 25, 2012, 664 SCRA 252(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 RECONSIDERATIONMOTION FOR NEW TRIAL—NOT 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

21

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 penalty. The Court of Appeals shall automatically review the judgment as provided in Sec. 10 of this Rule.

4. 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

5. Effect of appeal by any of several accusedPeople v. Mantalaba, G.R. No. 186227, July 20, 2011, 654 SCRA 188

6. Grounds for dismissal of appeal7. 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

7. Withdrawal of appealPeople 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

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8. Appeals in special casesa. Appellate jurisdiction of the Sandiganbayan

Read again: Torres v. Peopleb. Sec. 268 of BP 881, as amended (Omnibus

Election Code of the Philippines)Comelec v. Aguirre, G.R. No. 171208, September 7, 2007, 532 SCRA 545

c. Jurisdiction of the CTAN. Search and Seizure

1. Nature of search warrantWashington 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 arrest3. Application for search warrant, where filed4. Probable Cause

Worldwide Web Corp. v. People, G.R. No. 161106, January 13, 2014

5. Personal examination by judge of the applicant and

witnesses6. Particularity of place to be searched and things to

be seizedDel Castillo v. People, G.R. No. 185128, January 30, 2012, 664 SCRA 430

7. Personal property to be seizedTenorio v. Court of Appeals, G.R. No. 110604, October 10, 2003

8. Exceptions to search warrant requirementa. Search incidental to lawful arrest

Antiquera v. People, G.R. No. 180661, December 11, 2013

b. Consented SearchRead again: Luz v. People

c. Search of moving vehicleCaballes v. Court of Appeals, G.R. No. 136292, January 15, 2002

d. Check points; body checks in airportSales v. People, G.R. No. 191023, February 6,

2013People v. Hadji Socor Cadidia, G.R. No. 191263, October 16, 2013

e. Plain view situationPeople 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

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Miclat Jr. v. People, G.R. No. 176077, August 31, 2011, 656 SCRA 539

PWEDE BANG ARREST INCIDENT TO A SEARCH?

Fajardo v. People, G.R. No. 190889, January 10, 2011

f. Stop and Frisk situationSales v. People, G.R. No. 191023, February 6, 2013People v. Johnson, 401 Phil. 734People v. Canton, 442 Phil. 743

g. Enforcement of Custom LawsSalvador v. People, G.R. No. 146706, July 15,

2005h. Search by private individuals

People v. Marti, G.R. No. 81561, January 18, 1991

Sesbreño v. Court of Appeals, G.R. No. 160689, March 26, 2014

9. Remedies from unlawful search and seizurePeople v. Nuevas, G.R. No. 170233, February 22, 2007, 516 SCRA 463 Tenorio v. Court of Appeals, G.R. No. 110604, October 10, 2003

O. Provisional RemediesRules on Procedure for Environmental Cases1. Nature

Replevin under Rule 60Chua v. Court of Appeals, G.R. No. 79021, May 17,

1993Superlines Transportation Co. Inc. v. Philippine National Construction Co. Inc., G.R. No. 169596, March 28, 2007

2. Kinds of provisional remediesRA 9262Tua v. Judge Mangrobang, G.R. No. 170701, January 22, 2014

P. Petition for Relief from JudgmentBasco v. Court of Appeals, G.R. No. 125290, February 29, 2000Hilario v. People, 551 SCRA 191 (April 14, 2008)Del Rosario v. Cedillo, 441 SCRA 701. Annulment of Judgment

Llamas v. Court of Appeals, September 29, 2009

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People v. Bitanga, 525 SCRA 623R. Rule on DNA Evidence

Sec. 6 of the Rule on DNA Evidence

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