CHAPTER 1 PRELIMINARY CONSIDERATIONS

 Tools to facilitate attainment of justice. Any rigid and

CHAPTER I. INTRODUCTION strict application that results in technicalities tending to
frustrate substantial justice must be avoided.
I. BASIC CONCEPTS
DUE PROCESS; MANDATORY AND INDISPENSABLE
CONCEPT OF CRIMINAL PROCEDURE – law which hears before it condemns and proceeds upon
 Treats of the series of processes or methods by which inquiry and renders judgment only after trial.
criminal laws are enforced and by which State
prosecutes persons who violate the laws. Requirements of due process 2 – Alonte v. Savellano
 Regulates steps by which one who committed a crime is 1. Court or tribunal trying case is properly clothed with
to be punished judicial power to hear and determine the matter before
 Starts from initial contact of the alleged lawbreaker it
with the justice machinery including investigation of 2. Jurisdiction is lawfully acquired by the court over
crime and concludes either with judgment exonerating person of the accused
accused or final imposition of a penalty against him. 3. Accused is given opportunity to be heard
 Goal is to harmonize governmental functions of 4. Judgment is rendered only upon lawful hearing
o Maintaining and promoting law and order,
and REQUISITES FOR THE EXERCISE OF CRIMINAL
o Protecting constitutional rights of its citizens. JURISDICTION
Requisites before a court can acquire jurisdiction over a
CRIMINAL LAW CRIMINAL PROCEDURE criminal case
Defines crimes and Lays down process by which 1. Jurisdiction over subject matter
prescribes punishment for an offender is made to 2. Jurisdiction over territory
such crimes answer for violation of 3. Jurisdiction over person of the accused
criminal laws
Over subject matter Over person of the accused
ADVERSARIAL OR ACCUSATORIAL SYSTEM Refers to the authority of Authority of the court over the
 System of procedure in our jurisdiction court to hear and person charged, not over the
 Contending parties before a court that hears them determine a particular subject matter of the litigation
impartially and renders judgment only after trial. criminal case
 Two- sided structure - prosecution and defense each try Offense is one which the Requires that the person charged
to convince court that its position is correct version of court is by law with the offense must have been
the truth. authorized to take brought in to its form for trial,
 Court has a passive role in the decision making process. cognizance of forcibly by warrant of arrest or
upon voluntarily submission to
It will not consider evidence that has not been formally
the court
offered, but will rely largely on evidence presented by
both sides to reach the verdict
 Process
Jurisdiction over the territory; Venue in criminal cases
o Complaint or information is filed – formal
indictment with allegations, which must be  For jurisdiction to be acquired by a court in a criminal
proven beyond reasonable doubt. case/ for a court to prosecute and try and offense, the
o Government and accused present evidence offense should have been committed or any one of its
before court essential ingredients should have taken place within the
o Court decides on acquittal or conviction territorial jurisdiction of the court.
 Territorial jurisdiction – territory (geographical
INQUISITORIAL SYSTEM elements) where court has jurisdiction to take
 Court plays an active role and is not limited to evidence cognizance or to try the offense alleged committed
presented before it. The court may utilize evidence therein by the accused
gathered outside the court.  Action shall be instituted & tried in the court of
 Judges actively participate in the proceedings by municipality or territory wherein offense was
directing and supervising gathering of facts and committed or where any of the essential ingredients
evidence and questioning of witnesses to the case took place
 Counsels have less active role  Jurisdiction of a court over a criminal case is
determined by the allegations in the complaint or
LIBERAL INTERPRETATION OF THE RULES information
 Liberally construed in order to promote objective of  Purpose is not to compel the defendant to move to, and
securing a just, speedy and inexpensive disposition of appear in a different court from that of the province
every action and proceeding1 where crime was committed as it would cause him great

1 2
Sec. 6. Rule 1 – Construction Alonte v. Savellano

1
 CHAPTER 1 PRELIMINARY CONSIDERATIONS

inconvenience in looking for his witnesses and other o When the greater convenience of the accused
evidence in another place and of the witness or other compelling
 Venue is an essential element of jurisdiction. It is considerations require, a case originating
jurisdiction in criminal cases, unlike civil cases. from one geographical region may be heard in
 Court cannot take jurisdiction over a person charged another geographical region.
with an offense allegedly committed outside of that  For this purpose, presiding justice
limited territory. If evidence adduced during trial shall authorize any divisions of the
shows that the offense was committed somewhere else, court to hold sessions at any time
the court should dismiss the action for want of and place outside Metro Manila and
jurisdiction. where the interest of justice
requires, outside the territorial
General Rule: - For jurisdiction to be acquired by a court in boundaries of the Philippines 6
a criminal case/ for a court to prosecute and try and offense,  Written defamation- criminal action need not
the offense should have been committed or any one of its necessarily be filed in RTC of province or city where
essential ingredients should have taken place within the alleged libelous article was printed and first published7 -
territorial jurisdiction of the court. Agbayani v. Sayo

Exception to the general rule: When offense does not have to Whether offended party criminal action may be filed in
be tried in the court of the municipality where the act was is public official or RTC of province or city where
committed private person, libelous article is printed and
 Crime committed outside Philippines but under Art. 2 3 first published
of RPC shall be cognizable by court where criminal
action if first filed 6
Sec 2 of RA 8249 An Act Further Defining the Jurisdiction of
 Where an offense is committed in a train, aircraft, or
Sandiganbayan
other public or private vehicle 7
Art 360 RPC. Persons responsible. Any person who shall publish,
o May be instituted and tried in court of any exhibit, or cause the publication or exhibition of any defamation in
municipality or territory where vehicle passed writing or by similar means, shall be responsible for the same.
during its trip. The author or editor of a book or pamphlet, or the editor or business
o May also be instituted and tried in place of manager of a daily newspaper, magazine or serial publication, shall
departure and arrival be responsible for the defamations contained therein to the same
extent as if he were the author thereof.
 Where an offense is committed on board a vessel in the
The criminal and civil action for damages in cases of written
course of its voyage, criminal action shall be instituted defamations as provided for in this chapter, shall be filed
and tried not necessarily in place of commission of simultaneously or separately with the court of first instance of the
crime province or city where the libelous article is printed and first
o May be brought and tried in court of first port published or where any of the offended parties actually resides at the
of entry or time of the commission of the offense: Provided, however, That
o Municipality or territory where vessel passed where one of the offended parties is a public officer whose office is
during the voyage 4 in the City of Manila at the time of the commission of the offense,
the action shall be filed in the Court of First Instance of the City of
 Where SC, pursuant to its constitutional powers orders Manila, or of the city or province where the libelous article is printed
a change of venue or place of trial to avoid miscarriage and first published, and in case such public officer does not hold
of justice 5 office in the City of Manila, the action shall be filed in the Court of
 Cases cognizable by Sandiganbayan First Instance of the province or city where he held office at the time
o Jurisdiction depends on nature of offense and of the commission of the offense or where the libelous article is
position of accused printed and first published and in case one of the offended parties is
a private individual, the action shall be filed in the Court of First
Instance of the province or city where he actually resides at the time
of the commission of the offense or where the libelous matter is
printed and first published: Provided, further, That the civil action
3
Art. 2. Provisions of the RPC shall be enforced not only within the shall be filed in the same court where the criminal action is filed and
Philippine Archipelago but also outside of its jurisdiction against vice versa: Provided, furthermore, That the court where the criminal
offenders who a. should commit an offense while on a Philippine action or civil action for damages is first filed, shall acquire
ship or airship b. should forge or counterfeit any coin or currency jurisdiction to the exclusion of other courts: And, provided, finally,
note of the Philippine Islands or obligations and securities issued by That this amendment shall not apply to cases of written defamations,
the Government c. Should be liable for acts connected with the the civil and/or criminal actions which have been filed in court at the
introduction into these Islands of obligations and securities time of the effectivity of this law.Preliminary investigation of
mentioned above d. While being public officers and employees, criminal action for written defamations as provided for in the
should commit an offense in the exercise of their functions e. Should chapter shall be conducted by the provincial or city fiscal of the
commit any of the crimes against national security (treason, province or city, or by the municipal court of the city or capital of
conspiracy and proposal to commit treason, misprision of treason, the province where such action may be instituted in accordance with
espionage, inciting to war and giving motives for reprisal, violation the provisions of this article.
of neutrality, correspondence with hostile country, flight to enemy’s No criminal action for defamation which consists in the imputation
country) and law of nations (piracy, qualified piracy and mutiny) of a crime which cannot be prosecuted de oficio shall be brought
4
Sec. 15 d Rule 110. Place where action is to be instituted. except at the instance of and upon complaint expressly filed by the
5
Sec 5(4) Article 8 Constitution offended party.

2
 CHAPTER 1 PRELIMINARY CONSIDERATIONS

 Jurisdiction of courts is conferred by law. Jurisdiction

Offended party is a RTC of province where he over a criminal case is determined by the allegations in
private individual actually resided at time of the complaint or information.
commission of offense o To determine the jurisdiction of the court in
Offended party is a RTC of Manila criminal cases, the complaint or information
public officer whose must be examined for purpose of ascertaining
office is in Manila at if the facts and punishment provided for by
time of commission of law for such acts fall within the jurisdiction of
offense the court in which the criminal action is filed
If offended party is a RTC of province or city where o If facts set out in the complaint or information
public officer outside of he held office at time of are sufficient to show court has jurisdiction,
Manila commission of the offense that court has jurisdiction
o If evidence adduced during trial shows that
o Information must allege with particularity the offense was committed somewhere else,
where defamatory article was printed and first court should dismiss the action for want of
published as evidenced by address of their jurisdiction
offices  The jurisdiction of the court is defined by Constitution
o Mere allegation that the offended party or statute. Elements of that definition must appear in
transacts business in a place and spends complaint or information to ascertain which court has
considerable time thereat does not render such jurisdiction over a case.
person a resident therein.  In cases cognizable by Sandiganbayan, both nature of
o In cases pertaining to defamatory material on offense and position occupied by accused are conditions
the internet, the place where the material was sine qua non before Sandiganbayan can validly take
first accessed cannot be equated with printing cognizance of the case
and first publication  Complex crimes – jurisdiction is with the court having
 Reason: Opens floodgates to libel jurisdiction to impose the maximum and most serious
suit being filed in all other penalty imposable on offense
locations where site is accessed or
capable of being accessed Statute applicable to a criminal action
 Criminal action is determined by law in force at time of
CRIMINAL JURISDICTION OVER THE SUBJECT institution of the action
MATTER  Not during the arraignment of the accused nor at time of
Jurisdiction over subject matter commission even if penalty that may be imposed at
 Authority to hear and try a particular offense and time of its commission is less and does not fall under
impose the punishment for it the court’s jurisdiction
 Power to hear and determine cases of the general class
to which the proceeding in question belongs Use of imposable penalty
 Power to deal with the general subject involved in the  In determining if court has jurisdiction over an offense,
action the penalty, which may be imposed, and not the actual
 Jurisdiction of the class of cases to which a particular penalty imposed after trial is considered.
case belongs  Jurisdiction is not determined by what may be meted
out to the offender after trial or result of the evidence
How jurisdiction over the subject matter is conferred that would be presented at the trial, but the extent of the
 Jurisdiction over the subject matter is conferred by law penalty which law imposes for offense, on basis of facts
o To ascertain jurisdiction , provisions of law alleged in information or complaint.
shall be inquired into
o When law confers jurisdiction, conferment Principle of Adherence of Jurisdiction or Continuing
must be clear. It cannot be presumed. Must Jurisdiction
clearly appear from statute.  Once a court has acquired jurisdiction over a
 Jurisdiction cannot be fixed by the will of the parties controversy, jurisdiction continues until the court done
nor can it be acquired or diminished by any act of the all that it can do in the exercise of that jurisdiction/ until
parties final determination of the case
 Cannot be conferred by accused, expressed waiver or  Not affected by subsequent legislation vesting
otherwise, since such jurisdiction is conferred by the jurisdiction over such proceedings in another tribunal
sovereign authority which organized the court and is  Cannot be lost by a new law amending rules of
given only by law in manner and form prescribed by jurisdiction  General Rule: Statues altering
law jurisdiction of a court cannot be applied to cases already
pending prior to their enactment
How jurisdiction over subject matter is determined o Exception: when statute expressly so provides
or is construed to the effect that it is intended

3
 CHAPTER 1 PRELIMINARY CONSIDERATIONS

to operate upon actions pending before its o Factual circumstances must justify the
enactment application of the bar by laches
 Once vested, it cannot be withdrawn of defeated by
subsequent valid amendment of information CRIMINAL JURISDICTION OVER THE PERSON OF
 Once a complaint or information is filed in court, any THE ACCUSED
disposition of the case such as dismissal or continuance  Jurisdiction over person of accused is acquired upon
rests on the sound discretion of the court arrest or apprehension, with or without warrant, or
o Even if prosecution files a motion to voluntary appearance or submission to jurisdiction of
withdraw information, court may grant or the court.
deny in faithful exercise of judicial  General Rule: Seeking affirmative relief is deemed to
prerogative be a submission to the jurisdiction of the court.  Acts
seeking affirmative relief constitutes voluntary
Flores v. Sumaljag - In a case involving a public official, appearance or submission to the jurisdiction of the
court does not loose jurisdiction just because official ceases court.
to be in office during the pendency of the case  Voluntary submission of accused to jurisdiction of court
may be effected by
Dismissal on jurisdictional grounds; special appearance o filing a motion to quash
 Objection based on the ground that court lacks o appearing for arraignment
jurisdiction over subject matter may be raised or o participating in trial
considered motu proprio by the court at any stage of the o giving bail
proceedings or appeal  Tantamount to submission of
 Special appearance before court to challenge person to jurisdiction of court
jurisdiction over the person is not tantamount to  Ex. even if warrant of arrest issued
estoppel or waiver of objection and is not a voluntary is null and void, one cannot assert
submission to jurisdiction of the court. that the court never acquired
jurisdiction over the person of the
Raising the issue of jurisdiction for the first time in the SC accused if the accused posts bail.
 General Rule: Jurisdiction is vested by law and cannot  defendant in effect waived rights
be conferred or waived. to object by appearing and giving a
o Accused is not precluded from raising issue bond
of jurisdiction of trial court even on appeal  Accused is deemed to have waived
o Issue of jurisdiction may be raised or his constitutional protection against
considered motu proprio by court at any stage illegal arrest when he enters into a
of the proceedings or on appeal counsel assisted plea because he
o Jurisdiction over the subject matter cannot be actively participated in trial and
conferred upon the court by the accused, by presenting of evidence.
express waiver or otherwise, since jurisdiction  Exception: Not all acts seeking affirmative relief
is conferred by the sovereign authority which constitute a voluntary appearance or submission to the
organized by the court and is given only by jurisdiction of the court
law in manner and form prescribed by law o Special appearance to question jurisdiction of
 Exception: Doctrine of Estoppel - Tijam v. the court over the person of the accused is not
Sibonghanoy a voluntary appearance
o A party cannot invoke jurisdiction of the o Ex. motion to quash due to lack of
court to secure affirmative relief against his jurisdiction or motion to quash warrant of
opponent and after obtaining or failing to arrest. It is the very legality of court process
obtain such relief, repudiate or question that forcing the submission of the person of the
same jurisdiction. accused is the very issue in a motion to quash
o While jurisdiction of a tribunal may be warrant of arrest
challenged at any time, sound public policy
bars one from doing so after their having Custody of the law
procured that jurisdiction, speculating on the  Restraint on the person, who is deprived of his own will
fortunes of litigation. and liberty, binding him to become obedient to the will
o A party may be estopped from questioning of the law. Literally the custody over the body of the
the jurisdiction of the court for reasons of accused and it includes but is not limited to detention
public policy as when he initially invokes the  Custody of the law is not necessarily jurisdiction of the
jurisdiction of the court and then later on court
repudiates that same jurisdiction. o One can be under custody of law but not yet
o After voluntarily submitting a cause and subject to jurisdiction of court over his person
encountering an adverse decision on the  Ex. One is arrested by virtue of
merits, it is too late for the loser to question warrant and he files a motion to
the jurisdiction or power of the court.

4
 CHAPTER 1 PRELIMINARY CONSIDERATIONS

quash the warrant before hostility, patent and gross enough as to

arraignment amount to an evasion of a positive duty or
o One can also be subject to jurisdiction of virtual refusal to perform a duty enjoined by
court over his person and not yet be in law
custody of the law o If despite sufficiency of evidence before
 Ex. accused escapes custody after prosecutor, he refuses to file the
trial commenced corresponding information against the person
responsible, he abuses his discretion because
D. INJUNCTION TO RESTRAIN CRIMINAL is act is a deliberate refusal to perform a duty
PROSECUTION enjoined by law
 General Rule: Court will not issue writs of prohibition
or injunction, preliminary or final to enjoin or restrain II. CRIMINAL JURISDICTION OF COURTS
criminal prosecution. Nor will injunction lie when the
case is still at the stage of preliminary investigation or A. CRIMINAL JURISDICTION OF THE MUNICIPAL
reinvestigation TRIAL COURT, MUNICIPAL CIRCUIT TRIAL COURT
 Exceptions AND METROPOLITAN TRIAL COURT – except cases
o Injunction is necessary to afford adequate falling within the exclusive original jurisdiction of the RTC
protection to constitutional rights of accused and Sandiganbayan
o Necessary for orderly administration of  Exclusive Original Jurisdiction (EOJ) over all violations
justice or to avoid oppression multiplicity of of city or municipal ordinances committed within their
actions respective territorial jurisdiction8
o When there is a prejudicial question which is  EOJ over all offenses punishable with imprisonment not
subjudice exceeding 6 years irrespective of amount of fines, and
o When acts of officer are without or in excess regardless of other imposable or accessory penalties,
of authority including the civil liability arising from such offenses
o Where the prosecution is under an invalid irrespective of kind, nature, value or amount 9
law, ordinance or regulation o Rule disregarding amount of fine and other
o When double jeopardy is clearly apparent accessory penalties in determining
o Where the court has no jurisdiction over the jurisdiction applies if offense is punishable by
offense imprisonment or fine or both but not when
o Where it is a case of persecution rather than offense is punishable by fine only
prosecution o MTC never has jurisdiction over offenses
o Where charges are manifestly false and punishable within imprisonment not
motivated by lust for vengeance exceeding 6 years/6 years below if law vests
o When there is clearly no prima facie case jurisdiction in RTC or Sandiganbayan
against the accused and a motion to quash on o Based on Art 27 of RPC10
that ground has been denied  MTC has jurisdiction over offenses
punishable by up to maximum of
E. MANDAMUS TO COMPEL PROSECUTION
 Mandmus – remedial measure for parties aggrieved 8
BP 129 Sec 32(1)
which shall be issued when any tribunal, corporation, 9
BP 129 Sec 32(2)
board, officer or person unlawfully neglects 10
Art. 27. Reclusion perpetua. — Any person sentenced to any of
performance of an act which law specifically enjoins as the perpetual penalties shall be pardoned after undergoing the
a duty resulting from an office, trust or station. penalty for thirty years, unless such person by reason of his conduct
 General rule: Public prosecutor is afforded wide latitude or some other serious cause shall be considered by the Chief
of discretion in conduct of preliminary investigation. Executive as unworthy of pardon.
Mandamus will not lie. Reclusion temporal. — The penalty of reclusion temporal shall be
from twelve years and one day to twenty years.
o Discretionary on part of prosecutor to Prision mayor and temporary disqualification. — The duration of the
determine which persons appear responsible penalties of prision mayor and temporary disqualification shall be
for the commission of a crime. from six years and one day to twelve years, except when the penalty
o However, the moment he finds one to be of disqualification is imposed as an accessory penalty, in which case
liable, it becomes his inescapable duty to its duration shall be that of the principal penalty.
charge him and to prosecute him for the same Prision correccional, suspension, and destierro. — The duration of
 rule loses its discretionary character and the penalties of prision correccional, suspension and destierro shall
becomes mandatory. be from six months and one day to six years, except when
suspension is imposed as an accessory penalty, in which case, its
 Exception: Judicial review is allowed where duration shall be that of the principal penalty.
respondent clearly established that the prosecutor Arresto mayor. — The duration of the penalty of arresto mayor shall
committed grave abuse of discretion be from one month and one day to six months.
o Meaning he exercises his discretion in an Arresto menor. — The duration of the penalty of arresto menor shall
arbitrary, capricious, whimsical or despotic be from one day to thirty days.
manner by reason of passion or personal Bond to keep the peace. — The bond to keep the peace shall be
required to cover such period of time as the court may determine.

5
 CHAPTER 1 PRELIMINARY CONSIDERATIONS

prision correcional, which shall not  Jurisdiction over criminal cases under specific laws
exceed 6 years. such as
 However, there are offenses which o Written Defamation
are not cognizable by MTC even if o Jurisdiction of designated courts over cases in
punishable by prision correcional violation of Comprehensive Dangerous Drugs
because of express provisions of Act of 2002
law such as o Violations of intellectual property rights
 libel - punishable by o public prosecutor has the authority to file a
prision correcional in its criminal information for violation of PD 957
minimum and medium REGULATING THE SALE OF
periods or a fine ranging SUBDIVISION LOTS AND
from 200 to 6000 or both CONDOMINIUMS, PROVIDING
however Art 360: PENALTIES FOR VIOLATIONS THEREO
criminal action as well as and the RTC has the power to hear and
civil action for such adjudicate the action, the penalty being a 20K
criminal offense shall be fine and imprisonment not exceeding 10 year
filed simultaneously or or both such fine and imprisonment.
separately with the RTC  Jurisdiction in Money laundering Cases
 forms of direct and o those committed by public officers and
indirect bribery – private persons in conspiracy with such public
punishable by prision officers shall be under jurisdiction of
correcional in its medium Sandiganbayan
period are within the
exclusive jurisdiction of C. CRIMINAL JURISDICTION OF THE
Sandiganbayan SANDIGANBAYAN PD 1606, RA 7975, RA 8249)
 Where only penalty provided for by law is a fine, the  set by PD 1606 as Amended 11
amount shall determine the jurisdiction of the court o PD 1606 –creating a special court to be
under original provisions of BP 129  MTC shall have known as "sandiganbayan" and for other
EOJ over offenses punishable with a fine of not more purposes
than 4K o RA 7975- an act to strengthen the functional
 EOJ over offenses involving damage to property and structural organization of the
through criminal negligence sandiganbayan, amending for that purpose
 Violations of BP 22 Bouncing Checks Law presidential decree no. 1606, as amended
 Summary procedure in the following cases o RA 8249 - an act further defining the
o violations of traffic laws, rules and jurisdiction of the sandiganbayan, amending
regulations, violations of rental law and for the purpose presidential decree no. 1606,
violations of municipal or city ordinances as amended, providing funds therefor, and for
o all other criminal cases where penalty other purposes
prescribed by law for offense charged is  Section 4 provides
imprisonment not exceeding 6 months or a A Violations of RA 3019 as amended aka Anti Graft and
fine not exceeding 1K or both, irrespective of Corruption Practices Act, An act declaring forfeiture in
other imposable penalties, accessory or favor of the state any property found to have been
otherwise, or the civil liability arising unlawfully acquired by any public officer or employee
therefrom and providing for the proceedings therefor,
o offenses involving damage to property MALFEASANCE AND MISFEASANCE IN OFFICE-
through criminal negligence where imposable Bribery 12 - where one or more of the accused are
fine does not exceed 10K officials occupying the following positions in the
 special jurisdiction to decide on applications for bail in government, whether permanent, acting or interim
criminal cases in absence of all RTC judges in province capacity, at the time of the commission of the offense
or city 1. Officials of the executive branch occupying
the positions of regional director and higher
B. CRIMINAL JURISDICTION OF REGIONAL TRIAL  otherwise classified as Grade 27 and
COURT higher of the Compensation and Positions
 EOJ in all criminal cases not within EOJ of any court, Classification Class of 1989, including
tribunal or body, except those now falling under (regardless of salary grade, the following are
exclusive and concurrent jurisdiction of Sandiganbayan under the jurisdiction of the SB if the offense
 Appellate jurisdiction over all cases decided by the is related to the office)
MTC within its territorial jurisdiction
 Special jurisdiction to handle exclusively criminal cases
as designated by SC 11
Not RA 3019 - Anti Graft And Corrupt Practices Act As Amended
12
Direct Bribery, Indirect Bribery, Corruption of public officials

6
 CHAPTER 1 PRELIMINARY CONSIDERATIONS

a. Provincial governors, vice 14-A provided that these petitions shall not be exclusive
governors, members of the of the SC
sangguniang panlalawigans, and  Procedure prescribed in BP 129 and implementing rules
provincial treasurers, assessors, that SC promulgated relative to appeals and petitions
engineers, and other provincial for review to CA shall apply to appeals and petitions for
department heads review filed with the Sandiganbayan
b. city mayors, vice mayors, members  The Ombudsman thru its special prosecutor shall
of the sangguniang panlungsod, city represent the People of the Philippines in all cases
treasurer, assessors, engineers, and elevated to SB and all cases elevated from SB to SC
other city department heads o exception: EO 1, 2, 14 and 14-A
c. officials of the diplomatic service  In case private individuals are charged as co principals,
occupying the position of the consul accomplices or accessories with the public officers or
and higher employee, they shall be tried JOINTLY with said public
d. Philippine army and air force officers and employees in proper courts which shall
colonels, naval captains and all exercise exclusive jurisdiction over them
officers of higher rank
e. officers of PNP while occupying LAW PRIOR TO RA 8249: RA 7975 amending PD 1606
the position of provincial director  old law conferred jurisdiction of SB over certain
and those holding rank of senior specified offenses where one or more of the principal
superintendent or higher accused are officials occupying positions enumerated in
f. city and provincial prosecutors and law
their assistants and officials and  significant amendment  removal of the word principal
prosecutors in office of  now reads where one or more of the accused
ombudsmand and special o one of the accused no longer has to be a
prosecutor principal accused
g. Presidents, directors or trustees, or o may simple be an accomplice or an accessory
managers of government owned or o not all of the accused need to be those
controlled corporations, state officials mentioned in law – sufficient that at
universities or educational least of them be an official occupying any of
institutions or foundations the positions enumerated.
2. Members of Congress and officials thereof
classified as Grade 27 and up Offenses subject to the jurisdiction of the Sandiganbayan -
3. Members of judiciary without prejudice to SB is not confined to violations of Anti Grade and Corrupt
Constitution provisions Practices Act
4. Chairmen and members of Constitutional  Violations of Anti Graft and Corrupt Practices Act
Commissions without prejudice to provisions
 Act Declaring Forfeiture in Favor of State Any Property
of the Constitution Found to Have Been Unlawfully Acquired by Any
5. All other national and local officials classified
Public Officer or Employee
as Grade 27 and higher
 RPC laws on bribery and corruption of public officers
B Other offenses or felonies whether simple or complexed
 Other offenses or felonies, whether simple or complex
with other crimes committed by public officials and
with other crimes, committed by public officials in Sec
employees mentioned in subsection a in relation to their
4 letter a in relation to their office
office
C Civil and criminal cases filed pursuant to and in o Officials of the executive branch occupying
the positions of regional director and higher
connection with EO 1,2, 14 and 14-1 (civil jurisdiction)
 otherwise classified as Grade 27 and
higher of the Compensation and Positions
 Cases where none of the accused are occupying
Classification Class of 1989, including
positions corresponding to Salary Grade 27 or higher,
(regardless of salary grade, the following are
or military and PNP officers mentioned above  EOJ
under the jurisdiction of the SB if the offense
shall be vested in proper RTC, MeTC, MTC pursuant to
is related to the office)
their respective jurisdictions
 Provincial governors, vice
 Exclusive Appellate Jurisdiction over final judgments,
governors, members of the
resolutions or orders of RTC whether in exercise of
sangguniang panlalawigans, and
own original jurisdiction or of their appellate provincial treasurers, assessors,
jurisdiction as herein provided
engineers, and other provincial
 EOJ over petitions for issuance of writs of mandamus, department heads
prohibition, certiorari, habeas corpus, injunctions, and  city mayors, vice mayors, members
other ancilliary writs and processes in aid of appellate of the sangguniang panlungsod, city
jurisdiction and over petitions of similar nature, treasurer, assessors, engineers, and
including quo warranto, arising or that may arise in other city department heads
cases filed or which may be filed under EO 1,2,14 and

7
 CHAPTER 1 PRELIMINARY CONSIDERATIONS

 officials of the diplomatic service engineers, and other provincial department

occupying the position of the consul heads
and higher o city mayors, vice mayors, members of the
 Philippine army and air force sangguniang panlungsod, city treasurer,
colonels, naval captains and all assessors, engineers, and other city
officers of higher rank department heads
 officers of PNP while occupying o officials of the diplomatic service occupying
the position of provincial director the position of the consul and higher
and those holding rank of senior o Philippine army and air force colonels, naval
superintendent or higher captains and all officers of higher rank
 city and provincial prosecutors and o officers of PNP while occupying the position
their assitants and officials and of provincial director and those holding rank
prosecutors in office of of senior superintendent or higher
ombudsmand and special o city and provincial prosecutors and their
prosecutor assistants and officials and prosecutors in
 Presidents, directors or trustees, or office of ombudsmand and special prosecutor
managers of government owned or o Presidents, directors or trustees, or managers
controlled corporations, state of government owned or controlled
universities or educational corporations, state universities or educational
institutions or foundations institutions or foundations
o Members of Congress and officials thereof  if the accused does not belong to the national and local
classified as Grade 27 and up officials enumerated, in order for the SB to acquire
o Members of judiciary without prejudice to jurisdiction, the same must be classified as Grade 27
Constitution provisions and higher aside from other officials expressly covered.
o Chairmen and members of Constitutional
Commissions without prejudice to provisions Inding v. Sandiganbayan - Congress intended these officials,
of the Constitution regardless of salary grades to be specifically included within
o All other national and local officials classified the SB’s original jurisdiction, for had it been otherwise, there
as Grade 27 and higher would have been no need for such enumeration. This
 Civil and Criminal offenses filed pursuant and in conclusion is further bolstered by the fact that some of the
connection with EO 1, 2, 14 and 14 A re: sequestration officials enumerated in a to g are not classified as SG 27 or
cases higher under the Position Titles and Salary Grades of
Department of Budget and Management.
Serana v. Sandiganbayan Jan 22 2008
 SB has jurisdiction over felonies committed by public Officers below salary grade 27
officials in relation to office. Geduspan v. People
 SB has jurisdiction over an estafa case if  G was Director of Region Vi of Philhealth but was not
o Offense is committed by a public of official occupying the position of Regional Director, but that of
or an employee mentioned in Sec 4 par a. Department of Manager A in accordance with her
o Offense is committed in relation to his office appointment papers. G claims that said position is
under salary grade 26 and therefor not within the
Pactolin v. SB 2008 - Falsification of a public document jurisdiction of SB.
under RPC is within jurisdiction of SB  ISSUE: Whether or not SB has jurisdiction over a
regional director or manager of GOCC for the Anti
Officials and employees with salary grade of 27 or higher Graft and Corrupt practices act
 For SB to have jurisdiction over a case, it is not  HELD: It is the appointment paper and notice of salary
necessary that one or more of the officials charged has a adjustment that determine the classification of her
salary grade of 27 or higher. position as Department Manager A of Philhealth. G
 Salary grade 27 refers only to the following officials held the position at time of commission of offense and
(those not enumerated in a to g to Sec 4 a1 said position is among those enumerated in par 1 g Sec
o officials of executive branch, occupying 4A – Managers of GOCC.
position of regional director and higher  It is of no moment that the petitioner was merely
o Members of Congress or officials thereof classified as SG26. It is of no moment that the position
o All other national and local offices was SG26. While the first part covers only officials of
 Salary grade of 27 has no reference to those specifically Executive branch with salary grade 27 or higher, the
enumerated under Sec 4a1 a- g. The following officials second party specifically includes other executive
are subject to the jurisdiction of SB regardless of salary officials whose positions may not be grade 27 but who
grade. are by express provision by law placed under
o Provincial governors, vice governors, jurisdiction.
members of the sangguniang panlalawigans,
and provincial treasurers, assessors, People v. Sandiganbayan GR 169004

8
 CHAPTER 1 PRELIMINARY CONSIDERATIONS

 Sangguinang Panglungsod was charged for failing to  Mayor Brown, Det. Pollisco, Patrolman Lacema, and
liquidate certain cash advances made in violation of other co-accused where charged with murder. Mayor
Auditing Code of Philippines and his "organized groups of police patrol and civilian
 ISSUE: Whether or not SB has jurisdiction over commandoes" whom he "armed with pistols and high
Sangguinang Panglungsod whose salary grade is below power guns" established a camp which they called as
27 and charged with violation of Audition Code their 'sub-police headquarters. '
 Other offenses or felonies commited by the following in  The headquarters was placed under the mayor's
relation to their office also fall under the jurisdiction of command, orders, direct supervision and control, and in
SB which his co-defendants were stationed. It was further
o Provincial Governors and Vice Governors alleged that criminal complaints were entertained in the
o Members of Sangguiniang Panlalawigan sub-station/headquarters where defendant Pollisco acted
o Provincial treasueres, assesors and other as "investigating officer and exercised authority to order
provincial department heads the apprehension of persons and their detention in the
o City mayors and vice mauprs camp, for days or weeks, without due process of law
o members of sanguiniang panglungsod and without bringing them to the proper court."
o City treasurers, assesors, engineers and other  Tebag was arrested by order of Mayor Brown without
city deparment heads any warrant or complaint filed in court. Tebag was then
o Officials of diplomatic service occupying maltreated and tortured by defendants as also ordered
position as consul and higher by Mayor Brown. Tebag died as a result.
o Philippine army and air force colonels, naval  Mayor Brown was held to havecommitted an offense in
captains and all officers of higher rank relation to his office.
o PNP chief superintendent and PNP officers of  A public officer commits an offense in relation to his
higher rank office if he perpetrates the offense while performing his
o City and provincial prosecutors and their official functions and that he could not have committed
assistants in Office of Ombudsman and the offense without holding his public office. It iss said
special prosecutor to have been committed in relation to the office if it is
o Presidents, directors or trustees or managers intimately connected with the office of the offender.
of GOCC, state universities, educational Such intimate relation must be alleged in the
institutions or foundations information which is essential in determining the
jurisdiction of the Sandiganbayan
People v. Sandiganbayan GR 167304  Although the performance of the official function was
 ISSUE: Whether or not member of Sangguniang improper or is an irregular manner, it was alleged in the
Panglungsod under SG26 charged with violation of information that Mayor Brown established the sub-
Auditing Code for failure to liquidate cash advances station and was under his command, supervision and
falls within jurisdiction of SB. control and that his co-defendants were acting upon his
 HELD: those classified as Grade 26 and below may still orders. Thus, in this case, there is an intimate
fall within jurisdiction of SB provided that they hold the connection between the offense and the office of the
position enumerated in the law and the felony or accused.
offense is in relation to their office
 Thus, those specifically enumerated can be charged Lacson v. Executive Secretary
with  Eleven persons believed to be members of the Kuratong
o Anti Graft and Corruption Baleleng gang, an organized crime syndicate involved
o Bribery and Corruption under RPC in bank robberies, were slain by elements of the Anti-
o offenses or felonies in relation to their office Bank Robbery and Intelligence Task Group (ABRITG).
 As long as the offense charged is intimately connected Among those included in the ABRITG were petitioners
with the office and is alleged to have been perpetrated and petitioner-intervenors.
 
Acting on a media
while accused was in performance of his official expose of SPO2 Eduardo delos Reyes, a member of the
functions, he is held to have been indicted in relation to Criminal Investigation Command, that what actually
his office. transpired was a summary execution and not a shoot-out
between the Kuratong Baleleng gang members and the
Salary grade alone does not determine jurisdiction of the ABRITG, Ombudsman Aniano Desierto formed a panel
Sandiganbayan of investigators to investigate the said incident. Said
 First Part of Sec 4(a) covers only officials with salary panel found the incident as a legitimate police
grade 27 or higher operation. However, a review board modified the
 Second Part of Sec 4(a) specifically includes other panel’s finding and recommended the indictment for
executive officials whose positions may not be with multiple murder against twenty-six respondents
salary grade 27 or higher but who are by express including herein petitioner, charged as principal, and
provision of law placed under jurisdiction of said court herein petitioner-intervenors, charged as accessories.
After a reinvestigation, the Ombudsman filed amended
People v. Montejo informations before the Sandiganbayan, where
petitioner was charged only as an accessory.

9
 CHAPTER 1 PRELIMINARY CONSIDERATIONS

 There was no specific allegation of facts that the o Corruption of public

shooting of the victim by the said principal accused was officials
intimately related to the discharge of their official  C3. Frauds and illegal exactions and
duties as police officers. Likewise, the amended transactions
information does not indicate that the said accused  Frauds against public treasury and
arrested and investigated the victim and then killed the similar offenses
latter while in their custody. The stringent requirement  Other frauds
that the charge set forth with such particularity as will  Prohibited transactions
reasonably indicate the exact offense which the  Possession of prohibited interest by
accused is alleged to have committed in relation to his public officer
office was not established.  C4. Malversation of public funds or property
 

Consequently, for failure to show in the amended  Malversation of public funds or
information that the charge of murder was intimately property
connected with the discharge of official functions of the  Failure of accountable officer to
accused PNP officers, the offense charged in the subject render accounts
criminal cases is plain murder and, therefore, within the  Failure of responsible officer to
exclusive original jurisdiction of the Regional Trial render accounts before leaving the
Court and not the Sandiganbayan. country
 Illegal use of public funds or
A student regent of a state university is a public officer – property
Serana v. SB  Failure to make delivery of public
 S claims that SB has no jurisdiction over her person funds or property
because a student regent is not a public officer since she
 Offenses included in preceding
merely represents the students, in contrast to other provisions
regents who held their positions in ex officio capacity.
 C5. Infidelity of public officers
She also claims that she does not receive any salary and
 Infidelity in custody of prisoners
thus cannot fall under any salary grade.
o Conniving with or
 Court denied S’s petition. Petitioner is a public officer
consenting to evasion
whose position is covered by law vesting jurisdiction
o Evasion through
with SB. Law specifically includes Presidents, negligence
directors or trustees or managers of state universities. o Escape of prisoner under
Board of Regents of UP performs functions similar to
custody of a person not a
those of a board of trustees of a non-stock corporation.
public officer
Compensation is not an essential element of public
 Infidelity in the custody of
office and is merely incidental.
documents
o Removal, concealment or
Offenses committed in relation to the offense
destruction of documents
 To make an offense one committed in relation to the
o Officer breaking seal
office, the relation has to be such that in the legal sense,
o Opening of closed
the offense cannot exist without the office.
documents
 Office must be a constituent element of the crime as  Revelation of secrets
defined by statute
o Revelation of secrets by
 RPC Title 7: Crimes Committed by Public Officers an officer
 C2 Malfeasance and misfeasance in office o Public officer revealing
 Dereliction of duty secrets of private
o Knowingly rendering individual
unjust judgment  C6. Other offenses or irregularities by public
o Judgment rendered officers
through negligence  Disobedience, refusal or assistance,
o Unjust interlocutory order and maltreatment of prisoners
o Malicious delay in o open disobedience
administration of justice o Disobedience to order of
o Prosecution of offences; superior officer when said
negligence and tolerance order was suspended by
o Betrayal of public trust by inferior officer
an attorney or solicitor o Refusal of assistance
 Bribery o Refusal to discharge
o Direct bribery elective office
o Indirect bribery o Maltreatment of
o Qualified bribery prisoners

1
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 CHAPTER 1 PRELIMINARY CONSIDERATIONS

 Anticipation, prolongation and appointment as a casual employee but the accused

abandonment of duties and powers imposed that she first become his girlfriend.
of public office  While it is true that public office is not an element of
o Anticipation of duties of a the crime of acts of lasciviousness, he could not have
public office committed the crimes were it not for his being the judge
o Prolonging performance of the court where victim was working. Taken together
of duties and powers with the fact that the accused had authority to
o Abandonment of office or recommend appointment of victim as employee, crimes
position were intimately connected with his office
 Usurpation of powers and unlawful
appointments People v. Montejo
o Usurpation of legislative  City mayor accused of murder
powers  Information sufficiently indicated existence of acts and
o Usurpation of executive event intimately connected to the public off the accused
functions Information clearly alleged that the mayor was
o Usurpation of judicial consequence of his act as a mayor that he organized
functions armed patrols and civilian commandos and provided
o Disobeying request for them with arms. Also acting as city mayor, he ordered
disqualification the arrest and maltreatment of the victim who dies as
o Orders or requests by consequence
executive officers to any  When public office is not an element of murder, the
judicial authority offense alleged as shows its commission while accused
o Unlawful appointments was in performance of his official functions and that
 Abuses against chastity offense could not have been committed had he not held
 When offense can stand independently of the office, the his office.
offense is not in relation to the office. Ex. Murder.
o Taking of human life is either murder or When the actual specific allegations of the intimacy between
homicide whether done by a private citizen or the offense and official duties of the accused need not appear
public servant. – Montilla v. Hilario in the information
o No direct relation between commission of  If public office is a constituent element of the crime
rape with homicide and office as municipal charged as provided for by statue, there is no need for
mayor. Public office is not an essential information to state the specific factual allegations of
element of the crime charged and the offense the intimacy between office and crime charged or that
can stand independently of the office. – accused committed the crime in the performance of his
Sanchez v. Demetriou duties. (Offense committed would not have existed
o Public Office is not an element of the crime without the office)
of murder because murder may be committed  In those cases where public office is not a constituent
by anyone. Public office is not the essence of element of the offense charged, information has to
murder. – Cunanan v. Arceo contain specific factual allegations showing the intimate
 An offense maybe said to have been committed in connection between the offense charged and public
relation to the office is the offense is intimately office of the accused, and the discharge of his official
connected with the office of the offender and duties or functions.
perpetrated while he was in the performance of his o Must be more than a mere allegation that the
official functions even if public office is not an element accused committed the crime charged in
of the offense charged. – Sanchez v. Demetriou relation to his office because that is a mere
 In order to qualify the crime as having been committed conclusion of law.
in relation to public office, information must contain the
specific factual allegations that would indicate the close SUMMARY: An offense is deemed to be committed in
intimacy between the discharge of the official duties of relation to public office when
the accused and the commission of the offense charged,  Such office is an element of the crime charged or
 Offense charged is intimately connected with the
Esteban v. Sandigan discharge of the official functions of the accused
 Accused filed motion to quash information against him o Even if position is not an essential ingredient
for acts of lasciviousness allegedly perpetrated by him of the offense charged, as long as information
against female casual employee assigned to his office. avers intimate connection between office and
 SC held the SB had jurisdiction because the information offense, then the offense will have been
alleged with clarity that the accused used his official committed in relation to the public office.
position to commit the acts charged. Victim was
constrained to approach accused because it was the Barriga v. Sandiganbayan – Public office related crimes
accused whose recommendation was necessary for her under RA 8249

1
1
 CHAPTER 1 PRELIMINARY CONSIDERATIONS

 Sandiganbayan has original jurisdiction over criminal o Offenses involving damage to property
cases in public office is a constituent element as defined through criminal negligence, where the
by statute and the relation between the crime and the imposable fine does not exceed P10,000.00
offense is such that in a legal sense, offense committed  May either be by complaint or information
cannot exist without the office o With affidavits of complainant and his
 Offenses that are intimately connected with public witnesses in such number of copies as there
office and are perpetrated by the public officer while in are accused
the performance of his official functions, through o Plus 2 copies for courts files
improper or irregular conduct. o Must be complied with within 5 days from
o Applies to public officers and employees filing of case, other wise, it will be dismissed.
under Sec a 1-5 and  In Metro Manila and other chartered cities, the filing
o Information must contain specific factual shall be by information
allegations o Except when offense is one that cannot be
prosecuted de oficio.
Alarilla v. Sandiganbayan - Information averred facts  Court shall set case for arraignment or trial if there is
showing that the accused took advantage of his official ground to hold accused for trial.
functions as mayor when he aimed the gun and threatened to o Dismissal of the case shall be ordered if there
kill a councilor during public hearing, the crime charged is is no cause or ground to hold the accused for
intimately connected with the discharge of official functions. trial.
 Preliminary Conference shall be called by the court
Anti Money Laundering Cases o Enter stipulation of facts
 Money laundering cases committed by public officers o Consider propriety of allowing accused to
and private persons in conspiracy with public officers enter plea of guilty to a lesser offense
shall be under the jurisdiction of Sandiganbayan 13 o Taking up such other matters to clarify the
issues and ensure speedy disposition of the
Forfeiture cases 14 case
 Arises out of a cause of action separate and different  A refusal or failure to stipulate shall not prejudice the
from plunder. accused. Any admission of the accused during the
 Plunder does not absorb forfeiture cases. preliminary conference must be reduced to in writing
 In plunder, what is sought to be established is the and singed by accused and counsel. If requirement is
commission of criminal acts in furtherance of not met, admission shall not be used against him.
acquisition of ill gotten wealth.  Affidavits submitted by the parties shall constitute the
 In forfeiture, it is merely the disproportion of direct testimonies of the witnesses who executed the
respondents’ properties to his legitimate income. It same, thus there is no need for an actual direct
may be proven by preponderance of evidence and there examination during trial.
is no need to prove how he acquired such properties. –  Witnesses who testified may be subjected to cross-
Garcia v. SB examination, redirect or re-cross examination.
 Should the affiant fail to testify, his affidavit shall not
Summary procedure in criminal cases 15 be considered as competent evidence for the party
 MeTC, MTC, McTC shall have jurisdiction over cases presenting the affidavit, but the adverse party may
fall under summary procedure committed within their utilize the same for any admissible purpose.
territory  Court is mandated not to order the arrest of the accused
 Following cases are subject to summary procedure except where the ground is his failure to appear when
o Violations of traffic laws, rules and required by court. If he is arrested, he may be released
regulations on bail or recognizance by a responsible citizen
o Violations of the rental law; chanrobles acceptable to the court.
virtual law library  Where trial has been conducted, court shall promulgate
o Violations of municipal or city ordinances judgment not later than 30 days after termination of
o All other criminal cases where the penalty trial.
prescribed by law for the offense charged is
imprisonment not exceeding six months, or a Prohibited pleadings, motions and petitions in summary
fine not exceeding (P1,000.00), or both, procedure; Civil and criminal cases
irrespective of other imposable penalties,  Motion to quash complaint or information
accessory or otherwise, or of the civil liability o Except if the ground is lack of jurisdiction
arising therefrom over the subject matter or failure to comply
with barangay conciliation proceedings
 Motion for bill of particulars
 Motion for new trial, or for consideration of judgment
13
RA 9160 Anti Money Laundering Act 2001 Sec. 5 or for reopening of trial
14
RA 1379
15  Petition for relief from judgment
1991 Rules of Summary Procedure
1
2
 CHAPTER 1 PRELIMINARY CONSIDERATIONS

 Motion for extension of time to file pleadings, affidavits  Preliminary inquiry aims to
or any other paper determine whether a crime has been
 Memoranda committed and that the person
 Petition for certiorari, mandamus or prohibition against complaint of is probably guilty
any interlocutory order issued by the court thereof and hence must be held for
 Motion to declare defendant in default trial.
 Dilatory motions for postponement  Filing of a complaint for conducting
 Reply the requisite preliminary
 3rd party complaints investigation is a way of instituting
a criminal action.
 Interventions
o After required preliminary investigation,
investigating prosecutor may either:
III. SYNOPSIS OF THE CRIMINAL LITIGATION
 Recommend dismissal of complaint
PROCESS
or
 Filing of aninformation in court
INITIAL CONTACT WITH THE CRIMINAL JUSTICE
with accompanying resolution to
SYSTEM
that effect prepared by prosecutor.
 There can be no criminal action unless a crime is
 May be further reviewed by Sec of
believed to have been committed. Justice who may reverse or modify
o Victim can be either a natural or a juridical
the resolution of the provincial or
person.
city prosecutor or chief state
 Mere commission of a crime does not automatically prosecutor.
trigger the application of the rules of criminal  If penalty prescribed by law is less than 4 years, 2
procedure. Rules come into operation only when acts
months and 1 day
are initiated that would put offender in contact with the
o No need for a preliminary investigation
law. o Complaint or information may be filed
o Offended party may file a written complaint
directly with the MTC
or
o One of the recognized ways of instituting
o Sworn complaints before the prosecuting arm
criminal action.
of the government or o MTC may dismiss for lack of probable cause
o File a complaint directly with MTC
after an evaluation of evidence consisting of
o Law enforcement officers may search a place
affidavits and other supporting documents of
under control of the alleged offender and
complainant and his witnesses or after
seize items following process required in examination of
o Arrest of an offender in flagrante delicto or
complaint and his witnesses.
hot pursuit
o If MTC finds probable cause, court shall issue
 Barangay conciliation proceedings – RA 7160 Local a warrant of arrest or a commitment order if
Government Code accused has already been previously taken
o Compliance with the procedure will set in into custody.
motion the initial contact of parties with the o Judge may opt to issue summons instead of a
criminal justice system. warrant if he is satisfied that there is no need
o Referral of a case to the Lupon for to put accused in custody.
conciliation or settlement is required before a
 In places like Manila and other chartered cities
complaint, petition or action is filed in court.
o Require complaint to be filed directly with the
o Invocation of judicial authority shall be prosecutor
allowed only if a certification is issued by the
o Prosecutor may dismiss complaint or file the
proper barangay official that judicial
complaint or information in court.
intervention may now be availed of because
 Lawful arrest without warrant by peace officer or
the desire conciliation or settlement was not
private person
reached or when after a settlement previously
o Also begins the contact with the law
forged was repudiated by a party.
o Allowed when the person arrested has
o With certificate to file action, case is now ripe
committed, was actually committing or was
for filing in court.
attempting to commit a crime in the presence
 Not all cases require barangay conciliation proceedings
of the person effecting the arrest at the time
 If penalty prescribed by law is at least 4 years, 2 months when arrest was made.
and 1 day o Also allowed when the arrest was made after
o Institution of criminal action is by filing a a crime has just been committed and the
complaint in affidavit form before authorized person making the arrest has personal
officer for conducting a preliminary knowledge of facts and circumstances that
investigation. engenders in him a belief that there is

1
3
 CHAPTER 1 PRELIMINARY CONSIDERATIONS

probable cause that the person to be arrested o Search and seizure may also be confused
has committed the offense. without warrant under well recognized
o In all cases of warrantless arrests, the person exception
arrested shall be delivered to the nearest o When the search yields property or effects
possible police station or jail without delay. constituting a crime or subjects of a crime or
o When lawfully arrested without a warrant, he are means to commit a crime, the appropriate
shall not, as a rule undergo a preliminary criminal action shall be instituted.
investigation even if under the rules, the
offense involves a penalty which normally FILING OF THE INFORMATION OR COMPLAINT AND
would require such investigation. OTHER PROCESSES
 However, arrested person may ask  Criminal action is commenced by the filing of a
for a preliminary investigation complaint or information and shall be prosecuted under
before filing of complaint or the control and direction of the public prosecutor
information, provided he signs a although in special cases, a private prosecutor may be
waiver of the provisions of Art. 125 authorized in writing by the chief of prosecution office
16.
or regional state prosecutor to prosecute the case subject
 Notwithstanding the waiver, he may to the approval of the court.
apply for bail even before he is  Complaint or information
charged in court. o Required to be in writing
o Complaint or information may be filed with o Caption of a criminal case has at least 2
the prosecutor after an inquest has been names
conducted.  People of the Philippines
o If there is no inquest prosecutor, complaint – party that brought the
may be filed by the offended party of peace action
officer, directly with court on basis of  Person named as offender
affidavit of the party or arresting officer or – party against whom
person action is brought.
o Inquest prosecutor may release the person for o Must state the name of the accused or under a
further proceedings instead of filing a fictitious name when his true name is alleged
criminal action. Usually happens when the to be unknown.
arrest made does not comply with rules on a o Name of offended party
valid arrest. Person arrested is then released o Designation of offense
to be notified later of a subsequent o Acts or omissions constituting the offense
preliminary investigation. o Specific qualifying and aggravating
o After filing of information, rule allows person circumstances involved
arrested to ask for a preliminary investigation o Cause of accusation against the accused so
within 5 days from the time he learns of the that he may know the offense for which he is
complaint or information being filed and with charged and also so court may pronounce
the same right to adduce evidence in his judgment.
defense o Date of commission of offense need not be
 Authorities may initiate a search and a seizure by virtue the precise date unless same is a material
of a search warrant duly issued. ingredient of the offense
o Happens when law enforcement authorities
are in possession of information on possible IMPLIED INSTITUTION OF THE CIVIL ACTION
criminal activities  When criminal action is instituted, civil action for
recovery of civil liability arising from the offense
charged shall also be deemed instituted with the
criminal action. However, when civil action is not
16 deemed instituted with the criminal action when
Art. 125. Delay in the delivery of detained persons to the property
judicial authorities offended party:
The penalties provided in the next preceding article shall be imposed o Waives the civil action
upon the public officer or employee who shall detain any person for o Reserves the right to institute the civil action
some legal ground and shall fail to deliver such person to the proper separately
judicial authorities within the period of: twelve (12) hours, for o Institutes the civil action prior to the criminal
crimes or offenses punishable by light penalties, or their equivalent; action
eighteen (18) hours, for crimes or offenses punishable by  Independent civil actions are also not deemed instituted
correctional penalties, or their equivalent; and thirty-six (36) hours,
for crimes or offenses punishable by afflictive or capital penalties, or
with the criminal case.
their equivalent. o Reason is that these are civil actions that arise
In every case, the person detained shall be informed of the cause of from the same acts constituting the offense
his detention and shall be allowed upon his request, to communicate charged but they do not legally arise from
and confer at any time with his attorney or counsel.
1
4
 CHAPTER 1 PRELIMINARY CONSIDERATIONS

offense charged and are independent sources be informed of the nature and cause of accusation
of liability. against him.
 After commencement of criminal action, separate civil o Without arraignment, accused is not deemed
action arising from the offense, cannot be instituted to have been informed of such accusation
until final judgment is entered in criminal action.  If before arraignment, accused escapes, court has no
o Also if criminal action is filed after civil authority to try him in absentia.
action is instituted, civil action shall be  Done before the court where the complaint or
suspended in whatever stage it may be found. information was filed or assigned for trial.
o Independent civil actions, however are not o Made in open court by judge or clerk
suspended and proceeds independently of the o Consists of furnishing the accused with a
criminal action. copy of the complaint or information and
 Suspension of civil action upon commencement of reading the same in a language he
criminal action does not apply to a situation, which understands
poses a prejudicial question. o Then asked whether he pleads guilty or not.
o In this case, it is the criminal action that may  During date set for arraignment, accused does not have
be suspended upon a proper petition. to enter his plea out rightly because before arraignment
o Exists when previously instituted civil action and plea, accused has several options.
involves an issue similar or intimately related o Motion for Bill of Particulars – if there are
to the issue raised in the subsequent criminal defects in the information or complaint that
action and the resolution of such issue may prevent him from properly pleading to
determines whether or not the criminal action the charge and preparing for trial
may proceed. o Suspension of arraignment – when justifiable
reasons exist for suspension as when accused
AVAILMENT OF PROVISIONAL REMEDIES appears sto be suffering from unsound mental
 When complaint or information is filed and the civil condition which renders him unfit to fully
action arising from the offense charged is properly understand the charge against him and to
instituted, the offended party may avail of the plead intelligently thereto.
provisional remedies available in civil actions. o Move to quash or dismiss – any time before
 Ex. Offended party may have property of accused entering his plea
attached as security for the satisfaction of any judgment
that may be recovered form accused when QUASHAL OF COMPLAINT OR INFORMATION
circumstances arise justifying attachment as when  Written motion signed by the accused or his counsel
criminal action is based on a claim for money or which is supposed to distinctly specify both its factual
property embezzled. and legal grounds.
 Motion is filed before accused enters his plea.
BAIL o Ex. Move to quash on the ground that the
 Person under custody may gain release from facts charged do not constitute an offense or
confinement by availing of right to bail that court trying the case has no jurisdiction
o Before or after he is formally charged over the person of the accused
o In the court where his case is pending  If motion is not dismissed or quashed, and a subsequent
o In the form of corporate surety, property plea of not guilty is not entered, case continues.
bond, cash deposit or recognizance.
 Bail can be assumed of even before the information or PRE-TRIAL
complaint is filed. Person in custody who is not yet  After arraignment and within 30 days from date court
charged in court may apply for bail with any court in acquires jurisdiction over the accused, court shall order
the province, city or municipality where he is held. mandatory trial conference to consider certain matters
 Application for bail does not bar accused from that will help promote a fair and expeditious trial of the
challenging validity of arrest. criminal and civil aspects of the case such as:
 Bail may be a matter of right or a matter of judicial o Plea bargaining
discretion. o Stipulation of facts
o Person charged with capital offense when o Marking of evidence
evidence of guilt is not strong may be allowed o Waiver of objection to admissibility
bail. o Possible modification of order of trial
o Burden of proof to show that evidence of  After pre-trial, court shall issue a pretrial order
guilty is strong belongs to prosecution o Reciting the actions taken, facts stipulated
and evidence marked
ARRAIGNMENT; BILL OF PARTICULARS; o Binds the parties, limits the trial to matters
SUSPENSION OF ARRAIGNMENT not disposed of and controls the course of
 Arraignment – formal mode and manner of action during trial unless modified to prevent
implementing the constitutional right of an accused to manifest injustice.

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o All agreements made or entered during the  Any time before final judgment, accused or court on its
pre-trial conference shall be reduced in own motion may file/grant:
writing and signed by the accused and o Motion for new trial – predicated upon errors
counsel; otherwise, they cannot be used of law or irregularities during the trial and
against the accused. discovery of new or material evidence
 Accused may also appeal judgment of conviction
TRIAL ; DEMURRER o Not withstanding perfection of appeal, court
 Within 30 days from receipt of pretrial order, trial shall may allow appellant upon proper motion to
commence withdraw appeal already perfected before
o Once trial commences, it shall continue from record has been forwarded to proper appellate
day to day as far as practicable until court.
terminated. o Appeal may even be withdrawn upon proper
o May be postponed for a reasonable period of motion of appellant before rendition of the
time for good cause. judgment of the case on appeal in which case
 Trial begins with prosecution presenting its evidence judgment of court of origin shall become final
o Except when accused admits the ac or and case shall be remanded to latter court for
omission charged but interposes a lawful execution and judgment
defense.  Venue for appeal
 When prosecution rests its case, accused may o MTC, MTcT, MeTC decisions – appeal to
o Presents his defense and damages he may RTC.
have sustained arising from any provisional  by notice of appeal with court
remedy issued in the case or which rendered the judgment or
o Move to dismiss the case by presenting a final order appealed from
Demurrer to Evidence o RTC decisions– appeal either to CA or SC in
 Ground of insufficiency of evidence proper cases provided for by law
 May be presented with or without  for RTC decisions in its exclusive
leave of court jurisdiction - by notice of appeal
 If court denies motion, defendant with court which rendered the
may still adduce evidence in his judgment or final order appealed
defense but shall waive the right to  for RTC decisions in its appellate
present evidence. powers – petition for review under
o Court may dismiss case on its own initiative Rule 42
after giving prosecution opportunity to be  Appeal in cases where penalty
heard. imposed by RTC is reclusion
 Prosecution and defense may in the same order, present perpetua or life imprisonment –
rebuttal and sur- rebuttal evidence. appeal to CA in accordance with
 Upon admission to evidence of parties, case shall be Rule 122. Review of the case by
deemed submitted for decision unless court directs them the CA is necessary before
to argue orally or to submit written memoranda. o CA decisions– SC
o Sandiganbayan decisions – SC
JUDGMENT  petition for review on certiorari in
 Judgment – adjudication by the court on the guilt or accordance with Rule 45
innocence of the accused and the imposition on him of
the proper penalty and civil liability. ENTRY OF JUDGMENT - When all remedies have been
o Must be written in official language exhausted and judgment has become final, same shall be
o Personally and directly prepared by the judge entered in accordance with existing rules.
and signed by him
o Contain clearly and distinctly a statement of
the facts and the law upon which it is based.
 Promulgated by reading it in the presence of accused
and any judge of court in which it was rendered
o Unless it is for a light offense in which case
the judgment may be pronounced in presence
of counsel or representative.

POST JUDGMENT REMEDIES

 Any time before judgment of conviction becomes final
or before appeal is perfected, accused may file:
o Motion for modification of judgment
o Motion for the setting aside of judgment

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