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SCHOOL OF LAW
Diego Silang Bldg., A. Bonifacio St., Baguio City 2600, Philippines
Tel No. +63 74 444 8246 to 48 local 203
1. State the rights of the accused and the remedies available in case of violation of
said rights;
2. Explain the flow of the criminal litigation process;
3. Identify the cases falling within the jurisdiction of the different courts;
4. Discuss the concepts of custodial investigation, arrest and search and seizure
vis-à-vis the rights of the accused;
5. Discuss the procedure and remedies available to the accused before the
prosecutors office;
6. Examine the validity of a search warrant;
7. Compare the rights of the accused available to the accused while under custody
of law, during his arrest, after arrest, during trial and after conviction;
8. Differentiate the remedies available to the accused while under custody of law,
during his arrest, after arrest, during trial and after conviction;
9. Choose and apply the appropriate procedural steps to be undertaken before and
after the filing of a criminal complaint or information in court for the speedy,
efficient and effective administration of justice;
10. Demonstrate critical thinking including the ability to argue, objectively assess and
harmonize government’s function of maintaining peace and order and its
corresponding duty to protect the constitutional rights of its citizens.
11. Evaluate the strengths and flaws of the different institutions involved in our
criminal justice system
a. Quizzes Cover areas which will be announced before the quiz ( at 50% of CS
least 3 quizzes per term)
b. Class Participation Individual participation during class recitation and/or group 50% of CS
reporting ( at least 2 to 3 recitations per term)
c. Group exercises The class will be divided in 5 groups and each will be Equivalent to 1 quiz
assigned a topic to research on and report
II. Examinations Midterm- covers the subject matter taken during midterm; 50% of grade
III. Others:
Court Observation
Total 100%
COURSE OUTLINE
PART I – INTRODUCTION
A. GENERAL PRINCIPLES
i. Inquisitorial
ii. Accusatorial . adversarial
iii. Mixed
Salvador Estipona Jr. vs Hon. Frank Lobrigo, GR 226679, August 15, 2017
De Guia v De Guia, GR 135384, April 14, 2001
A. Meaning of court
B. Court vs judge
C. Classification of Philippine Courts
PART II – JURISDICTION
C. TERRITORIAL JURISDICTION
1. Purpose
Cases:
1. PP vs Domingo Muleta, G.R. No. 130189, June 25, 1999
2. PP vs Pepino and Gomez, G.R. No. 174471, January 12, 2016
3. PP vs Adrian Guting, G.R. No. 205412, September 09, 2015
4. PP vs Lugnasin and Guerrero, G.R. No. 208404, February 24, 2016
5. PP vs Teves, G.R. No. 141767, April 2, 2001
6. PP vs Hermie Paries & Ronel Fernandez, GR 218130, Feb. 14, 2018
7. PP vs PO1 Johnny Sullano, GR 228373, March 12, 2018
I. Concept of Arrest
A. Definition
B. Constitutional Limitations
C. How made
D. Importance
E. General Classification of Arrest
Cases:
1. Worldwide Web Corpn and Yu vs PP & PLDT, GR 161106, 1-13-14
2. Retired SP04 Laud vs PP, 11-19-14, GR 199032
3. PP vs CA, 11-27-92, GR 94396
4. PP vs Amador Pastrana and Rufina Abad, GR 196045, Feb. 21, 2018
5. Jorge Dabon v PP, GR 208775, January 22, 2018
8. Customs search
9. In times of war within the area of military operation
10. Exigent and emergency circumstances
11. When incident to lawful inspection
12. Search of vessels and aircrafts
A. CONCEPT
1. Definition
2. Purposes
3. When required
4. Nature of RIGHT to a PI
5. Nature of PI
6. Quantum of evidence required
2. DUPLICITY OF OFFENSE
xxv. Exceptions
G. Remedies before arraignment
H. Can Criminal action be restrained by injunction
I. Amendment of Information
a. Before plea
b. After plea
c. When amendment formal
d. When amendment substantial
e. Amendment as a result of supervening fact
J. SUBSTITUTION
a. Amendment vs substitution
b. Identity of 2 offenses
Cases:
1. PP vs Delfin, 7-9-14, GR 201572
2. PP vs Valdez, 1-18-12, GR 175602, GR 175602
3. PP and AAA vs CA, 2-15-15, GR 183652
4. Soriano and Ilagan vs PP, 6-30-09, GR 159517-18
5. SEC vs Interport Resources Corporation, 10-6-08, Gr 135808
I. Sources of obligations
II. Art 100 RPC
III. Implied institution of civil action in the criminal action
a. Exceptions
IV. Independent civil actions
V. Rule son filing fees
VI. Effect of judgment of acquittal on the civil liability
VII. Effect of death of accused
VIII.
IX. Consolidation of civil and criminal action – when allowed/not allowed
X. Employer’s subsidiary liability
XI. Prohibited pleadings
XII. BP 22 cases
XIII. No Double recovery (ICA and civil action arising from crime)
XIV. Role of Private Prosecutor
XV. Prejudicial questions
IV. Prejudicial questions (In rel. with Art. 36 of the Civil Code of the Philippines)
PART IX – BAIL
(Rule 114)
I. Concept
A. Definition S1
C. Forms SS10 to 15
1. Bail bond
1.1. Corporate
1.2. Property
1.3. Cash
1.4. Recognizance
1. Constructive custody
Santiago v. Vasquez, 217 SCRa 633
2. Custody of the Law
Miranda v Tullao
1. Increase or reduction
M. Bail not a bar to objections on illegal arrest and lack of preliminary investigation
(S26)
Okabe v. Gutierrez, G.R. No. 150185, May 27, 2004
N. Bail v. hold departure order
II. Bail as a matter of right (S4); Bail as a matter of discretion (S5), bail not as a matter
of right and not as a matter of discretion; Bail when not required
1.3. Rep. Act No. 9346 or An Act Prohibiting the Death Penalty
a. Act No. 4103 or the Indeterminate Service Sentence Law
2. In other non-bailable offenses (S7)
VII. Bail for Juvenile in Conflict with the Law under Rep. Act 9344 or the Juvenile and
Justice Act of 2006
VIII. R.A. No. 10389 or the Recognizance Act of 2012
PART X – QUASAR
(Rule 117)
I. Motions in general
A. Definition (S 1, Rule 15)
B. Kinds
1. Litigated
2. Ex-parte
3. Motion of course
4. Motion not of course
I. How made, where and when (S1 of Rule 116, Cir. 1-89, S2 of Rule 116 in rel. to Cir.
38-98)
II. Prohibited pleadings
III. Exclusion in computing the time within which trial must commence (S3)
V. Remedies where accused in not brought to trial within the time limit (S9)
VI. Law on speedy trial (Rep. Act No. 8493) in rel. with S16 of Rule 119 and Section 16,
Art. III, of the 1987 Constitution
VIII. Application for examination of witness for accused before trial (S12)
IX. Examination of defense witness (S13)
XIII. Discharge of accused to be state witness (S17) and (RA 6981 or the Witness
Protection, Security and Benefit Act of 1991)
You v. Hon. Presiding Judge RTC Tagaytay City, G.R. No. 142848, June 30, 2006
Soberano, et.al. v. Pp., G.R. No. 154629, October 5, 2005
PP vs Dominguez, GR 229420, Feb. 19, 2018
XIV. When mistake has been made in charging the proper offense (S19)
XIX. Provisional Remedies in Criminal Cases (Rule 127 in rel. to Rules 57 to 61)
A. Definitions
B. Grounds
C. Purposes
D. Court/s which an grant
E. Bonds & counterbonds
F. When a available
G. How granted
H. Effectivity
I. How dissolved / discharged
For the exclusive use of Sec. 2C, Ist Semester, AY 2014-2015
Reproduction of this course program must be with the consent of Mr. Jerico G. Gay-ya
PART XIV – JUDGMENT
(Rule 120)
I. Judgment in general
A. Concept
1. Judgment vis-à-vis decision
2. Certain concepts
2.1. Sin perjuicio judgment
2.2. Nunc pro tunc amendment
2.3. Obiter dictum
2.4. Per curiam
2.5. Mutatis mutandi
2.6. Notatu dignum
2.7. Ratio decidendi
B. Types
1. On the merits
2. By default
3. Summary judgment (Rule 35)
4. Judgment on the pleadings (Rule 34)
5. Compromise agreement
C. Judgment, definition and form (SS1, R 120, compare with S1, Rule 36)
1. In judgments of conviction
2. In judgments of acquittal
III. Judgment in case of variance between allegation and proof (S4, R120 in rel. with
S14 (3) R 110 and S19, Rule 119
Pangilinan v. CA, G.R. No. 117363, December 17, 1999
V. Modification of judgment
I. Judgment of Conviction
A. Motion for Reconsideration
1. Time to file (S1, Rule 121)
2. Who files (S1, Rule 121)
3. Grounds (S2, Rule 121)
4. Form of motion (S4, Rule 121, in rel. to 2 to 6, Rule 15)
5. Hearing on the motion
6. Effect of grant or denial
7. Vs. in civil cases (Rule 37)
D. Appeal
1. By whom (S1, Rule 122)
2. Period to Appeal (S6, Rule 122)
3. Where to appeal (S2, Rule 122)
4. How appeal taken (S3, Rule 122, as amended by A.M. No. 00-5-03-SC Re:
Amendments to the Revised Rules of Criminal Procedure to Govern Death
Penalty Cases Resolution effective October 15, 2004)
5. Notice (SS4 & 5, Rule 122)
6. Effect of perfection of appeal, Effect of appeal by any of several accused
(S11, Rule 122)
7. Withdrawal of appeal (S12, Rule 122)
8. Administrative aspects (SS7, 8, 9, 10, & 12, Rule 122)
9. Vs. in Civil Cases (Rules 40 to 45)
10. Appeal in the Sandiganbayan
11. Differences among the three (3) modes of appeal; i.e., ordinary appeal,
petition for review, and appeal by certiorari
11.1. How appeal is initiated
11.2. Where to appeal
11.3. Nature of appeal
11.4. To whom appellate docket and other lawful fees should be paid
11.5. Payment of appellate docket and other lawful as a requirement of
perfection of appeal
11.6. Name of parties
11.7. Requirement of record on appeal
11.8. Basic document to be filled in the appellate court
11.9. Perfection of appeal as to appellant
11.10. When court whose decision is being appealed loses jurisdiction
11.11. As to questions which may be raised
11.12. How parties are referred to
III. Rule of Procedure for Small Claims Cases (A.M. No. 08-8-7-SC as amended by A.M.
No. 09-6-8-SC)