Introduction to

Criminal
Procedure

 What is criminal procedure?

Criminal procedure is the method prescribed by lawfor the
apprehension and prosecution of persons accused of
anycriminal offense and for their punishment, in case of
conviction.
What is criminal procedure concerned with?
Criminal procedure is concerned with the procedural steps
through which the criminal case passes, commencing with
the initial investigation of a crime and concluding with the
unconditional release of the offender.It is a generic term
used to describe the network of laws and rules whichgovern
the procedural administration of criminal justice

What are the sources of

Criminal Procedure?

1. Spanish Law of CriminalProcedure

2. General Order No. 58, dated April 23 1900
3. Amendatory acts passed
bythePhilippineCommission
4. The various quasi acts, the Philippine Bill of 1902,
the Jones Law of 1916, the Tydings-McDuffieLaw,
andthe Constitution ofthe Philippines
5. The Rule of Court of 1940, and the 1964, 1985, and
1988 Rules on Criminal Procedure
6. VariousRepublic Acts (RA 240, Judiciary Act, RA
8249 creatingthe Sandiganbayan,Speedy Trial Act)
7. PresidentialDecrees
8. 1987Constitution, particularly Art. III Bill of Rights
9. Civil Code (Art. 32, 33, 34)
10. Certain judicial decisions
11.RA 8393 The Speedy Trial Act12.Circulars13.The
Revised Ruleson Criminal Procedure (Dec 1, 2000

What are the systems of

criminal procedure?
The Inquisitorial System
The detection and prosecution of
offenders are not left to the initiative
of private parties but to the officials
and agents of law.
Judge is not limited to the evidence
brought before him but could proceed
with his own inquiry which is not
confrontational.

 The Accusatorial System

Every citizen or a member of the group to which
the injured party belongs may bring the
accusation against a person suspected as the
offender. As the action is a combat between the
parties, the supposed offender has the right to
be confronted by his accuser. The battle takes
the form of a public trial and is judged by a
magistrate who renders a verdict. The essence
of an accusatorial system is the right to be
presumed innocent. To defeat the presumption,
the prosecution must establish proof of guilt
beyond reasonable doubt or moral certainty.

 Mixed System
Combination of inquisitorial and
accusatorial. y Examination of
defendants and other persons before
filing the complaint is inquisitorial. y
Judicial set-up in the Philippines is
accusatorial or adversarial.

What are the difference between

Criminal Law and Criminal Procedure?

 Criminal law is substantive; it defines

crimes, treats of their nature, and
provides for their
punishment.Criminal procedure, on
the other hand, is remedial or
procedural; it provides for the
method by which a person accused
of a crime is arrested, tried and
punished.Criminal law declares what
acts are punishable, while criminal
procedure provides how the act is to
be punished

How Rules of Criminal

Procedure interpreted?
The rules of criminal procedure shall
be liberally construed in favor of the
accused and strictly against the
state to even the odds in favor of
the accused against whom the
entire machinery of the state
ismobilized

What is Jurisdiction?
Jurisdiction (in general) is the power
orauthority given by the law toa court
ortribunal to hear and determine certain
controversies. It is the power ofcourts to
hear and determine acontroversy
involving rights which are demandable
and enforceable.

Difference between Venue and

Jurisdiction.
Venue is defined as the particular country or
geographical area in which a court with
jurisdiction may hear and determine a case.It
means the place of trial.On the other hand,
jurisdiction is the power of the court to decide
the case on the merits.Venue is thus
procedural, whilejurisdiction is substantive.In
civil cases, venue may be waived or stipulated
by the parties.On the other hand,jurisdiction
is granted by law orthe Constitution and
cannot be waived orstipulated

What is Criminal
Jurisdiction?
Criminal jurisdiction is the
authority to hear and trya
particular offense and
impose the punishment for
it.

What is Territorial Jurisdiction?

The requirement of territorial

jurisdiction means that a
criminal action should be filed
in the place where the crime
was committed, except in
those cases provided by
Article 2of the Revised Penal
Code.

Importance of Criminal
Procedure. (in future Police and other
persons)

requires police to make criminal defendants aware

of their rights prior to the defendant making any
statements if the government intends to use
those statements as evidence against the
defendant. For example, law enforcement must
ensure that the defendant understands the right
to remain silent and the right to have an attorney
present, as theFifthandSixth Amendments
respectively provide. The defendant must
knowingly, intelligently, and voluntarily waive
those rights in order for the government to use
any statements as evidence against the
defendant.

PREPARED BY:
MELANIO, RUBYSYRA F.
LINING, KENNETH P.
ALINA, MARK ANTHONY
Q.

THANKYOU!