COURSE SYLLABUS

Course Title: Criminal Procedure Instructor/s:

No. of Units: Three (3) units Atty. Bettina Rellora Melchor
Semester/ SY: First Semester S/Y 2020-2021

I. COURSE DESCRIPTION AND OBJECTIVES

Course Description
Criminal Procedure is the study of the procedural rules governing the trial and disposition of criminal cases in court,
including the jurisdiction of courts in criminal cases.

Course Objectives
Upon completion of this course, students will be able to:
 Differentiate between the roles of the different institutions involved in criminal cases and learn their
respective jurisdictions;
 Relate the relevant constitutional precepts with the relevant procedural rules;
 Have a firm grasp of basic legal concepts in remedial law as applied in criminal cases;
 Have a working knowledge of the court processes particularly in criminal cases; and
 When possible, trace the development of the procedural rules.

Methodology
The course will use a blend of asynchronous and synchronous online learning. Classes via video conference will be
conducted at least once a week for recitations and class discussions. For the rest of the week, students are expected
to be engaged in the forum boards and answer uploaded quizzes.

II. COURSE OUTLINE and MATERIALS

Principal References:
Article III, 1987 Constitution
Rule 110-127 of the Rules of Court (Revised Rules of Criminal Procedure, A.M. No. 00-5-03-SC, effective December
1, 2000)
Tranquil S. Salvador III, Criminal Procedure (2019 Edition)

Optional References:
Willard B. Riano, Criminal Procedure The Bar Lecture Series (2019 edition)

Week 1 Topic: Preliminary Matters: Overview of Rules of Court and General Principles of Criminal
Procedure

Required Readings/Assignments:
 Riano book (pp. 1-62)
 Salvador book (pp. 1-54)

Venue in Criminal Cases is Jurisdictional

 Pilipinas Shell v. Romars International, G.R. No. 189669, February 16, 2015
 Hector Trenas v. People, G. R. No. 195002, January 25, 2012

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 Jurisdiction to Issue Hold Departure Orders (Regular Courts Distinguished with
the Sandiganbayan)
 Rule on Preliminary Hold Departure Order, A.M. No. 18-07-05-SC
 Father Reyes v. Court of Appeals, G. R. No. 182161, December 03, 2009

Jurisdiction is conferred by law and determined by the allegations of the Complaint

 Dazon v. Yap, G.R. No. 157095, January 15, 2010
 Foz v. People, G.R. No. 167764, October 9, 2009

Topic: Preliminary Matters: Key Institutions and Criminal Jurisdiction of Courts

Required Readings/Assignments:
 Salvador book (pp. 1-54)
 Batas Pambansa 129 as amended by Republic Act No. (RA) 7691
 Rules on Summary Procedure (in Criminal Cases)

Municipal Trial Court, Municipal Circuit Trial Court, and Metropolitan Trial Court

Regional Trial Court

 Family Court – cases involving minors and Anti-Violence Against Women and their
Children Act, RA 9262

Court of Appeals

Sandiganbayan
 Presidential Decree No. 1606 as amended by Republic Act No. 10660
 Duncano v. Sandiganbayan, G.R. No. 191894, July 15, 2015
 De Lima v. Guerrero, G.R. No. 229781 , October 10, 2017
 People v. Sandiganbayan, August 25, 2009, G.R. No. 167304

Supreme Court

Ombudsman
 Ramiscal, Jr. v. Sandiganbayan, G.R. Nos. 172476-99, September 15, 2010
 Lazatin v. Desierto, G.R. No. 147097, June 5, 2009
 Angeles v. Merceditas Gutierrez, G.R. Nos. 189161 & 189173, March 21, 2012
 Gonzales v. Office of the President, G.R. No. 196231, January 28, 2014
 Antonino v. Desierto, G.R. No. 144492, December 18, 2008

Secretary of Justice, Prosecutors, and Public Attorneys

Office of the Solicitor General

 Heirs of Delgado v. Gonzales, G.R. No. 184337, August 7, 2009

Week 2 Topic: Prosecution of Offenses (Rule 110)

Required Readings/Assignments:

 Salvador Book (pp. 55-109)

 BPI v. Hontanosas, Jr., G.R. No. 157163, June 25, 2014
 People v. Arrojado, G.R. No. 207041, November 9, 2015

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  Bacasmas v. Sandiganbayan, G.R. No. 189343, July 10, 2013
 People v. Batin, G.R. No. 177223, November 28, 2007*
 Ramiscal v. Sandiganbayan, G.R. Nos. 172476-99, September 15, 2010
 People v. Bali-Balita, G.R. No. 134266, September 15, 2000
 People v. Jugueta, G.R. No. 202124, April 5, 2016 en banc
 Loney v. People, G.R. No. 152644, February 10, 2006
 Corpus v. Pamular, G.R. No. 186403, Sept 5, 2018
 Kummer v. People, G.R. No. 174461, September 11, 2013
 Pacoy v. Cajigal, G.R. NO. 157472, September 28, 2007
 Union Bank v. People, G.R. No. 192565, February 28, 2012 en banc

Recommended Readings:
o Prescription – (i) Articles 90 & 91 of the Revised Penal Code regarding periods of
prescription of crimes and computation of prescription of offenses; and (ii) Act 3326 –
An Act to Establish Periods of Prescription for Violations Penalized by Special Acts and
Municipal Ordinances and to Provide When Prescription shall Begin to Run
o Prescription - Disini v. Sandiganbayan, G.R. Nos. 169823-24, September 11, 2013
o State witness - Ampatuan, Jr. v. De Lima, G.R. No. 197291, April 3, 2013

Week 3 Topic: Prosecution of Civil Action (Rule 111)

 Salvador Book (pp. 110-133)

 Republic v. Court of Appeals, G.R. No. 116463, June 10, 2003
 Lim v. Kou Co Ping, G.R. Nos. 175256 & 179160, August 23, 2012
 Casupanan v. Laroya, G.R. No. 145391, August 26, 2002
 Supreme Transportation Liner, Inc. v. San Andres, G.R. No. 200444, August 15, 2018
 Consing, Jr. v. People, G.R. No. 161075, July 15, 2013 en banc
 Cabugao v. People, G.R. No. 163879, July 30, 2014
 People v. Lipata, April 20, 2016, G.R. No. 200302
 San Miguel Properties v. Perez, G.R. No.192253, September 18, 2013
 Dreamwork Construction, Inc. v. Janiola, G.R. No. 184861, June 30, 2009
 People v. Arambulo, G.R. No. 186597, June 17, 2015
 Pimentel v Pimentel, G.R. No. 172060, September 13, 2010

Recommended Readings:
 Evolution of Section 1 - Hambon v. Court of Appeals, G.R. No. 122150, March 17, 2003

Week 4 Topic: Preliminary Investigation (Rule 112)

Required Readings/Assignments:
 Salvador book (pp. 134-171)
 Estrada v. Office of the Ombudsman, G.R. Nos. 212140-41, January 21, 2015 en banc
 Callo-Caridad v. Esteban, G.R. No. 191567, March 20, 2013
 RA 9344 (Juvenile Justice and Welfare Act of 2006), Sections 32 & 33
 De Lima v. Reyes, G.R. No. 209330, January 11, 2016
 Quisay v. People, G.R. No. 216920, January 13, 2016
 Maza v. Turla, G.R. No. 187094, February 15, 2017
 Alfredo v. People, G.R. No. 197293, April 21, 2014
 De Castro v. Fernandez, Jr., G.R. No. 155041, February 14, 2007
 Ladlad v. Velasco, G.R. Nos. 172070-72, 172074-76, 175013, June 1, 2007

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 Recommended Readings:
 RA No. 7438 (An Act Defining Certain Rights of Persons Arrested, Detained or Under
Custodial Investigation as well as the Duties of the Arresting, Detaining, and
Investigating Officers and Providing Penalties for Violations Thereof)
 **A.M. No. 02-1-18-SC (Revised Rule on Children in Conflict with the Law) (compare
2009 and 2019)
 **DOJ Circulars: No. 70, July 3, 2000 (2000 NPS Rule on Appeal); No. 70-A, July 10,
2000 (Delegation of Authority to Regional Prosecutors to Resolve Appeals in Certain
Cases); No. 3, January 13, 2016 (Automatic Review of Dismissed Cases Involving R.A.
No. 9165); No. 61 (Inquest Procedures)
 A.M. No. 05-8-26-SC (Amendment of Rules 112 and 114 of the Revised Rules on
Criminal Procedure by Removing the Conduct of Preliminary Investigation from Judges
of the First Level Courts)

Week 5 Topic: Arrest (Rule 113)

Required Readings/Assignments:
 Salvador book (pp. 171-200)
 Sec. 2, Art. III of the 1987 Constitution
 RA No. 7438 (An Act Defining Certain Rights of Person Arrested, Detained or Under
Custodial Investigation as well as the Duties of the Arresting, Detaining and Investigating
Officers, and Providing Penalties For Violations Thereof)

 Lapi v. People, G.R. No. 210731, February 13, 2019

 Soria v. Desierto, G.R. Nos. 153524-25, January 31, 2005
 People v. Givera, G.R. No. 132159. January 18, 2001
 Sapi v. People, G.R. No. 200370, June 7, 2017
 Pestillo v. People, G.R. No. 182601, November 10, 2014
 Comerciante v. People, G.R. No. 205926, July 22, 2015
 People v. Dumanjug y Loreña, G.R. No. 235468, July 1, 2019
 People v. Baptista, August 20, 2018, G.R. No. 225783
 Leviste v. Alameda, G.R. No. 182677, August 3, 2010
 Mallari v. Court of Appeals, G.R. No. 110569, December 9, 1996
 People v. Tan, G.R. Nos. 116200-02, June 21, 2001
 Yapyuco y Enriquez v. Sandiganbayan, G.R. Nos. 120744-46, 122677 & 122776, June
25, 2012

Recommended Readings:
 **A.M. No. 02-1-18-SC (Revised Rule on Children in Conflict with the Law) (compare
2009 and 2019)

Week 6 Topic: Bail (Rule 114)

Required Readings/Assignments:
 Salvador book (pp. 201-248)
 Sec. 13, Art. III of the 1987 Constitution
 RA10389 (Act Institutionalizing Recognizance as a Mode of Granting the Release of an
Indigent Person in Custody as an Accused (IPCA) in a Criminal Case and for other
purposes- March 14, 2013)
 RA 9344, as amended by RA 10630 (Juvenile Justice and Welfare Act), Sections 34-36

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  A.M. No. 12-11-2-SC (Guidelines for Decongesting Holding Jails by Enforcing the
Rights of Persons to Bail and to Speedy Trial)

 Enrile v. Sandiganbayan, G.R. No. 213847, July 12, 2016.

 Enrile v. Sandiganbayan, G.R. No. 213847, August 18, 2015.
 People v. Escobar, G.R. No. 214300, July 26, 2017
 Leviste v. CA, G.R. No. 189122, March 17, 2010
 Qui v. People, G.R. No. 196161, September 26, 2012
 People v. Valdez, G.R. Nos. 216007-09, December 8, 2015
 Pantillo III v. Canoy, A.M. No. RTJ-11-2262, February 9, 2011
 Adalim-White v. Bugtas, A.M. No. RTJ-02-1738, November 17, 2005
 Mendoza v. Alarma, G.R. No. 151970, May 7, 2008
 Mupas v. Espanol, A.M. No. RTJ-04-1850, July 14, 2004
 Leviste v. Alameda, G.R. No. 182677, August 3, 2010

Recommended Readings:
 RA No. 9346 (An Act Prohibiting the Imposition of Death Penalty)
 **Administrative Circular No. 38-2020 (Re: Reduced Bail and Recognizance as Modes
for Releasing Indigent Persons Deprived of Liberty During this Period of Public Health
Emergency, Pending Resolution of their Cases, April 30, 2020) and other related Covid-
19 SC Issuances
 Guidelines in Granting Bail - The 2000 Bail Bond Guide
 **DOJ Circulars: No. 20, March 30, 2015, (Guidelines on Bail for RA No. 10175 or
Cybercrime Prevention Act of 2012) and No. 48, December 2, 2015 (Guidelines on
Recommending Bail for Foreign Nationals in Violation of Republic Act No. 9165)
 Sy v. Sandiganbayan, G.R. No. 237703, October 03, 2018
 Silverio v. CA, G.R. No. 94284. April 8, 1991

Week 7 Topic: Rights of the Accused (Rule 115)

Required Readings/Assignments:
 Salvador book (pp. 249-278)
 Secs. 1 and 14, Art. III of the 1987 Constitution
 Sec. 2, Rule 133 of the Revised Rules on Evidence (proof beyond reasonable doubt)

 Crisostomo v. Sandiganbayan, G.R. No. 152398, April 14, 2005

 Social Justice Society v. Dangerous Drugs Board, G.R. Nos. 157870, 158633 &161658,
November 3, 2008
 Kim Liong v. People, G.R. No. 200630, June 4, 2018
 People v. Larrañaga, G.R. Nos. 138874-75. February 3, 2004
 Cagang v. Sandiganbayan, G.R. No. 206438, July 31, 2018, en banc

Week 8 Topic: Arraignment and Plea (Rule 116)

Required Readings/Assignments:
 Salvador book (pp. 279-311)
 RA 8439 (Speedy Trial Act of 1998)
 A.M. No. 15-06-10-SC (Revised Guidelines for Continuous Trial of Criminal Cases)

 Bug-atan v. People, G.R. No. 175195, September 15, 2010

 People v. Baharan, G.R. No. 188314, January 10, 2011

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  People v. Flores, G.R. No. 137491, November 23, 2000
 People v. Murillo, G.R. No. 134583, July 14, 2004
 People v. Gamboa, G.R. No. 172707, October 1, 2013
 People v. Solamillo, G.R. No. 123161, June 18, 2003
 *Enrile v. People, G.R. No. 213455. August 11, 2015
 Lejano v. People, G.R. Nos. 176389 & 176864, December 14, 2010
 ABS-CBN Corp. v. Gozon, G.R. No. 195956 , March 11, 2015

Recommended Readings:
 **A.M. No. 02-1-18-SC (Revised Rule on Children in Conflict with the Law) (compare
2009 and 2019)
 A.M. No. 12-11-2-SC (Guidelines for Decongesting Holding Jails by Enforcing the
Rights of Persons to Bail and to Speedy Trial)
 People v. Lopit, G.R. No. 177742, December 17, 2008, citing People v. Murillo supra.
 PAO v. Sandiganbayan, G.R. Nos. 154297-300, February 15, 2008

Week 9 MIDTERM EXAM

Week 10 Topic: Motion to Quash (Rule 117)

Required Readings/Assignments:
 Salvador book (pp. 312-356)
 Maximo v. Villapando, Jr., G.R. Nos. 214925 & 214965, April 26, 2017
 *Quisay v. People, G.R. No. 216920, January 13, 2016
 People v. Sandiganbayan (Fourth Division), G.R. No. 160619, September 9, 2015
 Los Baños v. Pedro, G.R. No. 173588, April 22, 2009
 Bonsubre, Jr. v. Yerro, G.R. No. 205952, February 11, 2015
 De Lima v. Guerrero, G.R. No. 229781 , October 10, 2017

Recommended Readings:
 *Enrile v. People, G.R. No. 213455, August 11, 2015

Week 11 Topic: Pre-trial (Rule 118)

Required Readings/Assignments:
 Salvador book (pp. 357-369)
 *A.M. No. 15-06-10-SC - Revised Guidelines for Continuous Trial of Criminal Cases
 A.M. No. 03-1-09-SC (Rule on Guidelines to be Observed by the Trial Court Judges and
Clerks of Court in the Conduct of Pre-Trial and Use of Deposition-Discovery Measures)
 **A.M. No. 04-1-12-SC-PHILJA, Revised Guidelines for the Implementation of an
Enhanced Pre-Trial Proceeding under the Justice Reform Initiative Support (JURIS)
Project
 **A.M. No. 18-03-16-SC (Adoption of the Plea Bargaining Framework in Drugs Cases)

 Sayre v. Xenos, G.R. Nos. 244413 & 244415-16, February 18, 2020 en banc
 Fernandez v. People, G.R. No. 224708 (Resolution), October 2, 2019
 Garayblas v. Ong, G.R. Nos. 174507-30, August 3, 2011
 Estipona, Jr. y Asuela v. Lobrigo, G.R. No. 226679, August 15, 2017

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Week 12 Topic: Trial (Rule 119, Sections 1-16)

Required Readings/Assignments:
 Salvador book (pp. 370-422)
 *RA 8493 (Speedy Trial Act of 1998)
 RA 6981, April 24, 1991 (Witness Protection, Security and Benefit Act)
 A.M. No. 00-4-07-SC (Rule on Examination of Child Witness)
 *A.M. No. 15-06-10-SC (Re: Adopting the Guidelines for Continuous Trial of Criminal
Cases in Pilot Courts)

 Mari v. Gonzales, G.R. No. 1187728, September 12, 2011

 People v. Marcial, G.R. Nos. 152864-65, September 27, 2006
 Seludo v. Fineza, A.M. No. RTJ-03-1813, November 21, 2003
 Escobar v. People, G.R. Nos. 228349, 228353 & 229895-96 , September 19, 2018
 *Cagang v. Sandiganbayan, G.R. Nos. 206438, 206458 & 210141-42, July 31, 2018
 People v. Sandiganbayan (First Division), G.R. No. 229656, August 19, 2019
 Vda. de Manguerra v. Risos, G.R. No. 152643, August 28, 2008
 People v. Sergio, G.R. No. 240053, October 9, 2019

Week 13 Topic: Trial (Rule 119, Sections 17-24)

Required Readings/Assignments:
 Salvador book (pp. 370-422)

 Ampatuan Jr. v. De Lima, G.R. No. 197291, April 3, 2013, 708 PHIL 153-168
 Yu v. Presiding Judge, RTC of Tagaytay City, Br. 18, G.R. No. 142848, June 30, 2006
 Pacoy v. Cajigal, G.R. No. 157472, September 28, 2007
 Corpus, Jr. v. Pamular, G.R. No. 186403, September 5, 2018
 Perez v. Estrada, A.M. No. 01-4-03-SC (Resolution), September 13, 2001
 Perez v. Estrada, A.M. No. 01-4-03-SC, June 29, 2001
 Gloria Macapagal-Arroyo v. Sandiganbayan, G.R. No. 220598, July 19, 2016
 People v. Sandiganbayan (2nd Division), G.R. No. 197953, August 5, 2015
 Cabarles v. Maceda, G.R. No. 161330, February 20, 2007
 Re Pinto, A.M. No. RTJ-11-2289, October 2, 2012

Week 14 Topic: Judgment and New Trial or Reconsideration (Rules 120-121)

Required Readings/Assignments:
Rule 120
 Salvador book (pp. 423-437)
 Administrative Circular No. 83-15 (Protocols and Procedures in the Promulgation,
Publication, and Posting on the Websites of Decisions, Final Resolutions, and Final
Orders Using Fictitious Names)

 Tan v. Ramirez, G.R. No. 158929. August 3, 2010

 Jaylo v. Sandiganbayan (First), G.R. Nos. 183152-54. January 21, 2015
 Villareal v. People, G.R. Nos. 151258 etc., December 1, 2014
 People v. Lindo, G.R. No. 189818. August 9, 2010
 Javier v. Gonzales, G.R. No. 193150, January 23, 2017
 Sevilla v. People, G.R. No. 194390, August 13, 2014
 Asistio v. People, G.R. No. 200465, April 20, 2015
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  Tamayo v. People, G.R. No. 174698, July 28, 2008

Rule 121
 Salvador book (pp. 438-445)

 Sumiran v. Spouses Damaso, G.R. No. 162518, August 19, 2009

 Tadeja v. People, G.R. No. 145336. February 20, 2013
 Writ of Habeas Corpus of Reynaldo de Villa, G.R.No.158802, November 17, 2004
 Flores v. People, G.R. No. 181354, February 27, 2013

Week 15 Topic: Appeal and Procedure in the Municipal Trial Courts, the Court of Appeals, and the
Supreme Court (Rules 122-125)

Required Readings/Assignments:
Rule 122
 Salvador book (pp. 446-466)
 Burgos, Jr. v. Sps. Naval, G.R. No. 219468, June 8, 2016
 Quidet v. People, G.R. No.170289, April 8, 2010
 Sanico v. People, G.R. No. 198753. March 25, 2015
 People v. Abon, G.R. No. 169245, February 15, 2008
 Rodriguez v. People, G.R. No. 192799, October 24, 2012
 People v. Taruc, G.R. No. 185202. February 18, 2009

Rule 123-125
 Salvador book (pp. 467-483)
 People v. Mirandilla, Jr., G.R. No. 186417, July 27, 2011
 People v. Escobar, G.R. No. 214300, July 26, 2017

Week 16 Topic: Search and Seizure (Rule 126)

Required Readings/Assignments:
 Salvador book (pp. 484-524)

 Secs. 2 and 3, Art. III of the 1987 Constitution

 Cybercrime Law (Republic Act No. 10175) and the Rule on Cybercrime Warrants (A.M.
17-11-03-SC)
 A.M. No. 03-8-02-SC(Guidelines on the Selection and Appointment of Executive Judges
and defining their power, prerogatives and duties), Sections 10-12
 SC Circular No. 19-87 (Amended Guidelines and Procedures on Applications for Search
Warrants for Illegal Possession of Firearms and other Serious Crimes filed in Metro
Manila Courts and Other Courts with Multiple Salas)

 Disini v. Secretary of Justice, G.R. Nos. 203335, February 11, 2014

 Te v. Breva, G.R. No. 164974. August 5, 2015
 Pilipinas Shell Petroleum Corp. v. Romars International Gases Corp., G.R. No. 189669,
February 16, 2015
 Sy Tan v. Sy Tiong, G.R. No. 174570, February 17, 2010
 Chan v. Honda Motors, G.R.No.172775, December 19, 2007
 Laud v. People, G.R. No. 199032
 Ogayon v. People, G.R. No. 188794. September 2, 2015

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 Week 17 Topic: Provisional Remedies in Criminal Cases (Rules 127) and Wrap Up

Required Readings/Assignments:
 Salvador book (pp. 525-533)

 A.M. No. 09-6-8-SC (Rules of Procedure for Environmental Cases)

 Oñate v. Abrogar, G.R. Nos. 107303 & 107491, February 23, 1995

Week 18 FINAL EXAM

“The professor reserves the option of discussing certain topics in advance and amending the reading list and
assignments as exigencies warrant.

III. COURSE REQUIREMENTS AND GRADING SYSTEM

Course Description Grade
Requirements Breakdown
[weight
assigned]
Class Participation Class participation includes graded recitations, attendance, engagement in 50%
forum boards, quizzes, and reaction/research papers if any. Students are
expected to have read all required materials before the class and engage in
class discussions through graded recitations. When necessary, students
will be given research/reaction papers to enhance their skill in legal
research and legal writing.

Midterm Exam Students are expected to have a firm grasp of the legal concepts discussed 20%
during the first part of the semester and apply these concepts to a particular
set of facts.
Final Exam Students shall showcase their knowledge of criminal procedure concepts 30%
as discussed throughout the course.

IV. COURSE POLICIES

 During the video conference, all students must be in the video conference at 7 p.m. sharp. The students have
the responsibility to ensure that they have a stable internet connection and suitable devices. While the class
is ongoing, all students must have their video cameras on and their microphones ready.
 During class, students are expected to participate in class discussions and avoid doing other activities that are
not related to the subject.
 Those who are absent when called for recitation will get a grade of 60. Those present but unable to answer
will get a grade of 70. Late or delinquent work will merit a grade of 70 while non-submission of work will
merit a grade of 60.
 Cheating, plagiarism, and other acts of dishonesty will constitute as a ground to fail the student in the subject.
 The professor retains ownership over her presentations in class. No recordings are allowed unless the she
gives explicit permission for each session. Materials used in class, except those publicly available, will not
be shared with those not enrolled in the course.

V. CONTACT AND OTHER INFORMATION

For any concerns, students may send an e-mail to the professor indicating your name and your queries to
brmelchor@protonmail.com and if needed, schedule appointments for consultations on Thursdays at 7-9 p.m.