CRIMINAL

PROCEDURE

HUMANITARIAN LEGAL ASSISTANCE FOUNDATION (HLAF)

CRIMINAL PROCEDURE:
Pamamaraan o proseso na nakasaad sa batas na
sinusunod para sa paghuli ng mga nagkasala sa
batas para mapatawan ng kaparusahan kung
napatunayan na nagkasala.

JURISDICTION:
Kapangyahiran na ibinibigay ng batas sa mga
korte para pakinggan ang mga kasong idinidulog
dito at para magpataw
HUMANITARIAN ng kaparusahan.
LEGAL ASSISTANCE FOUNDATION (HLAF)
REQUISITES: CRIMINAL ACTION
Jurisdiction sa mga napagbintangang
nagkasala (angkop na pag-aresto/pagsuko)
Jurisdiction sa mga krimen (ano ang
krimen at kaukulang parusa)
Jurisdiction sa nasasakop na teritoryo
HUMANITARIAN LEGAL ASSISTANCE FOUNDATION (HLAF)
ISTRAKTURA NG MGA KORTE
Supreme Court

Court of Appeals

Regional Trial Courts

Municipal Municipal
Municipal
Trial Courts Circuit
Trial Courts
in Cities Courts

HUMANITARIAN LEGAL ASSISTANCE FOUNDATION (HLAF)

Municipal Trial Courts:
Mga krimen na may parusang anim (6) na taon o pababa, kahit anupaman ang multa
Mga krimen na may kasamang paninira ng kagamitan sa pamamagitan ng kriminal na
kapabayaan
Mga krimen na ang parusa ay multa na P4000.00 pababa
Mga paglabag sa batas trapiko
Mga paglabag sa batas ng pagpapaupa
Mga paglabag ng ordinansiya ng mga siyudad at munisipyo
Paglabag sa BP 22
All other criminal cases where penalty is imprisonment for 6 months or less and/or P1000
fine, regardless of other penalties or civil liabilities
Offenses involving damage to property through criminal negligence with fine
P10,000.00 or less

HUMANITARIAN LEGAL ASSISTANCE FOUNDATION (HLAF)

Regional Trial Courts
Criminal cases not within the exclusive jurisdiction of any court, tribunal or
body: offenses punishable by imprisonment exceeding 6 years irrespective of
fine & criminal cases outside of Sandiganbayans jurisdiction (below SG 27)
Offenses where penalty is fine more than P4000.00
Written defamation or libel
Intellectual property law
Violation of Dangerous Drugs Act except when offender is under 16 and there
are Juvenile & Domestic Courts in the province
Family court cases in areas without Family courts
On appeal, cases decided by lower courts

HUMANITARIAN LEGAL ASSISTANCE FOUNDATION (HLAF)

CRIMES:
acts or omissions punishable by law
(Revised Penal Code, Special Penal Laws)
intentional (dolo) vs. culpable felonies
(culpa) vs. special penal laws
mala in se vs. malum prohibitum

HUMANITARIAN LEGAL ASSISTANCE FOUNDATION (HLAF)

COMPLAINT:
A sworn written statement charging a person with an offense,
subscribed by
the offended party,
any peace officer, or
other public officer charged with the enforcement of the law violated.
Filed before the PROSECUTORS office or the MTC
GR: Prosecutor handles the case. Exception: allow the authorization of
a private prosecutor in case of heavy load or lack of prosecutors

HUMANITARIAN LEGAL ASSISTANCE FOUNDATION (HLAF)

PRELIMINARY INVESTIGATION:
An inquiry or proceeding to determine whether there is
sufficient ground to engender a well-founded belief that
a crime has been committed and the respondent is
probably guilty thereof, and should be held for trial.
required to be conducted before the filing of a complaint
or information for an offense where the penalty
prescribed by law is at least four (4) years, two (2)
months and one (1) day without regard to the fine. (1a)

HUMANITARIAN LEGAL ASSISTANCE FOUNDATION (HLAF)

INFORMATION:
a written charge by the prosecutor after a finding of probable
cause that must contain the following to be sufficient:
name of the accused;
designation of the offense given by the statute;
acts or omissions complained of as constituting the offense;
name of the offended party;
approximate date of the commission of the offense; and
place where the offense was committed

HUMANITARIAN LEGAL ASSISTANCE FOUNDATION (HLAF)

ARREST:
The taking of a person into custody in order that he may be bound to
answer for the commission of an offense. (1)
Made by an actual restraint of a person to be arrested, or by his
submission to the custody of the person making the arrest.
No violence or unnecessary force shall be used in making an arrest. The
person arrested shall not be subject to a greater restraint than is
necessary for his detention. (2a)
Warrant does not have an expiration date.
An arrest may be made on any day and at any time of the day or night.

HUMANITARIAN LEGAL ASSISTANCE FOUNDATION (HLAF)

WARRANTLESS ARREST:
A peace officer or a private person may, without a warrant, arrest a
person:
When, in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense;
When an offense has just been committed, and he has probable cause to believe
based on personal knowledge of facts or circumstances that the person to be
arrested has committed it; and
When the person to be arrested is a prisoner who has escaped from a
penal establishment or place where he is serving final judgment or is
temporarily confined while his case is pending, or has escaped while being
transferred from one confinement to another

HUMANITARIAN LEGAL ASSISTANCE FOUNDATION (HLAF)

INQUEST PROCEEDINGS:
conducted by an INQUEST PROSECUTOR
In the absence or unavailability of an inquest prosecutor, the complaint may be
filed by the offended party or a peace office directly with the proper court
on the basis of the affidavit of the offended party or arresting officer or person.
the person arrested may ask for a preliminary investigation in accordance with
this Rule, but he must sign a waiver of the provisions of Article 125 of the
Revised Penal Code, as amended, in the presence of his counsel
Notwithstanding the waiver, he may apply for bail and the investigation
must be terminated within fifteen (15) days from its inception.

HUMANITARIAN LEGAL ASSISTANCE FOUNDATION (HLAF)

BAIL:
security given for the release of a person in
custody of the law, furnished by him or a
bondsman, to guarantee his appearance before
any court as required under certain conditions
specified by the Rules of Court
Forms: cash bond/deposit, property bond, surety
bond, ROR (release on recognizance)

HUMANITARIAN LEGAL ASSISTANCE FOUNDATION (HLAF)

BAIL AS A MATTER OF
RIGHT BAIL AS A MATTER OF DISCRETION

All persons in custody for Cases punishable by life,

a case not punishable by
life imprisonment,
reclusion perpetua or
death
After conviction by the
MTC, while case is
pending before RTC
reclusion perpetua or death
but the evidence of guilt is
not strong
Upon conviction by the RTC
of a case not punishable by
life, reclusion perpetua or
death while on appeal
before CA

HUMANITARIAN LEGAL ASSISTANCE FOUNDATION (HLAF)

ARRAIGNMENT:
Guilty or not guilty
Plea bargaining to a lesser offense necessarily
included in the offense charged.

MOTION TO QUASH:
Any time before entering his plea, the accused
may move to quash the complaint or information.

HUMANITARIAN LEGAL ASSISTANCE FOUNDATION (HLAF)

 Grounds:
The facts charged do not constitute an offense;
The court trying the case has no jurisdiction over the offense charged;
The court trying the case has no jurisdiction over the person of the
accused;
The officer who filed the information had no authority to do so;
It does not conform substantially to the prescribed form;
More than one offense is charged except when a single punishment for
various offenses is prescribed by law;
The criminal action or liability has been extinguished;
It contains averments which, if true, would constitute a legal excuse or
justification; and
The accused has been previously convicted or acquitted of the offense
charged, or the case against him was dismissed or otherwise terminated
HUMANITARIAN
without LEGAL ASSISTANCE FOUNDATION (HLAF)
his express consent.
PRE-TRIAL:
Mandatory stage; to shorten the proceedings
This may include:
plea bargaining;
stipulation of facts;
marking for identification of evidence of the parties;
waiver of objections to admissibility of evidence;
modification of the order of trial if the accused admits the charge but
interposes a lawful defense;
such other matters as will promote a fair and expeditious trial of the criminal
and civil aspects of the case

HUMANITARIAN LEGAL ASSISTANCE FOUNDATION (HLAF)

DOUBLE JEOPARDY:
Accused is convicted or acquitted, or the case against him dismissed or
otherwise terminated without his express consent by a court of competent
jurisdiction,
Valid complaint or information or other formal charge sufficient in form and
substance to sustain a conviction
Accused had pleaded to the charge,
The conviction or acquittal of the accused or the dismissal of the case shall
be a bar to another prosecution for the offense charged, or for any attempt to
commit the same or frustration thereof, or for any offense which necessarily
includes or is necessarily included in the offense charged in the former
complaint or information.

HUMANITARIAN LEGAL ASSISTANCE FOUNDATION (HLAF)

No double jeopardy: (offense necessarily includes offense charged)
the graver offense developed due to supervening facts arising from the
same act or omission constituting the former charge;
the facts constituting the graver charge became known or were discovered
only after a plea was entered in the former complaint or information; or
the plea of guilty to the lesser offense was made without the consent of
the prosecutor and of the offended party except as provided in Section 1(f)
of Rule 116.
Provided that, in any of the foregoing cases, where the accused satisfies or
serves in whole or in part the judgment, he shall be credited with the same
in the event of conviction for the graver offense.

HUMANITARIAN LEGAL ASSISTANCE FOUNDATION (HLAF)

PROVISIONAL DISMISSAL:
Shall have express consent of the accused and with notice to
the offended party.
Permanent dismissal:
offenses punishable by imprisonment not exceeding six (6) years or
a fine of any amount, or both, shall become permanent one (1) year
after issuance of the order without the case having been revived
offenses punishable by imprisonment of more than six (6) years,
provisional dismissal shall become permanent two (2) years after
issuance of the order without the case having been revived.

HUMANITARIAN LEGAL ASSISTANCE FOUNDATION (HLAF)

TRIAL:
After a plea of not guilty is entered, accused shall have at least
15 days to prepare for trial; shall commence within 30 days from
receipt of the pre-trial order.
Entire trial period shall not exceed 180 days from the first day of
trial, except as otherwise authorized by the Supreme Court.
If the accused is not brought to trial within the time limit required
by Section 1(g), Rule 116 and Section 1, as extended by Section 6
of this rule, the information may be dismissed on motion of the
accused on the ground of denial of his right to speedy trial.

HUMANITARIAN LEGAL ASSISTANCE FOUNDATION (HLAF)

 ORDER OF TRIAL:

Prosecuti Rebuttal
Defense
on Evidence

HUMANITARIAN LEGAL ASSISTANCE FOUNDATION (HLAF)

 Sur- Admissio Submitte
rebuttal n of d for
evidence Evidence decision

HUMANITARIAN LEGAL ASSISTANCE FOUNDATION (HLAF)

DEMURRER TO EVIDENCE:
After the prosecution rests its case, the court may dismiss the action
on the ground of insufficiency of evidence (1) on its own initiative
after giving the prosecution the opportunity to be heard or (2) upon
demurrer to evidence filed by the accused with or without leave of
court.
If the court denies the demurrer to evidence filed with leave of
court, the accused may adduce evidence in his defense. When the
demurrer to evidence is filed without leave of court, the accused
waives the right to present evidence and submits the case for
judgment on the basis of the evidence for the prosecution.

HUMANITARIAN LEGAL ASSISTANCE FOUNDATION (HLAF)

JUDGMENT:
Adjudication by the court that the accused is guilty or not
guilty of the offense charged and the imposition on him of
the proper penalty and civil liability, if any.
Written in the official language
Personally and directly prepared by the judge and signed
by him
Shall contain clearly and distinctly a statement of the facts
and the law upon which it is based.

HUMANITARIAN LEGAL ASSISTANCE FOUNDATION (HLAF)

Contents: Conviction
legal qualification of the offense the aggravating or
mitigating circumstances which attended its commission
participation of the accused in the offense, whether as
principal, accomplice, or accessory after the fact
penalty imposed upon the accused
civil liability or damages if there is any, unless the
enforcement of the civil liability by a separate civil action
has been reserved or waived.

HUMANITARIAN LEGAL ASSISTANCE FOUNDATION (HLAF)

Contents: if acquittal
shall state whether the evidence of the
prosecution absolutely failed to prove the guilt of
the accused or merely failed to prove his guilt
beyond reasonable doubt
In either case, the judgment shall determine if
the act or omission from which the civil liability
might arise did not exist

HUMANITARIAN LEGAL ASSISTANCE FOUNDATION (HLAF)

MOTION FOR NEW TRIAL: Grounds
Errors of law or irregularities prejudicial to the substantial rights
of the accused committed during the trial
New and material evidence discovered: despite reasonable
diligence have not discovered and produced at the trial and
which if introduced and admitted would probably change the
judgment.
when the court grants new trial, the original judgment shall be
set aside or vacated and a new judgment rendered accordingly

HUMANITARIAN LEGAL ASSISTANCE FOUNDATION (HLAF)

MOTION FOR RECONSIDERATION:
Grounds: errors of law or fact in the
judgment
when the court grants reconsideration,
the original judgment shall be set
aside or vacated and a new judgment
rendered accordingly
HUMANITARIAN LEGAL ASSISTANCE FOUNDATION (HLAF)
APPEAL:
Any party may appeal from a judgment or final
order, unless the accused will be placed in double
jeopardy.
Notice of appeal, within 15 days from
promulgation of judgment
No need for notice of appeal if the RTC imposed
the death penalty; automatic review

HUMANITARIAN LEGAL ASSISTANCE FOUNDATION (HLAF)

EFFECT OF APPEAL:
Appeal by one or more of several accused shall not
affect those who did not appeal, except if the
judgment favorable and applicable.
Appeal of the offended party from the civil aspect
shall not affect the criminal aspect of the judgment or
order appealed from.
Upon perfection of the appeal, execution of the
judgment or final order appealed from shall be stayed
as to the appealing party.
HUMANITARIAN LEGAL ASSISTANCE FOUNDATION (HLAF)
HUMANITARIAN LEGAL ASSISTANCE
FOUNDATION (HLAF) Inc.
2209 Medical Plaza Ortigas
25 San Miguel Ave., Ortigas Center, Pasig City
Telefax: 634-8720
Email: ed.hlaf@gmail.com
Website: http://hlafphil.org

MARAMING SALAMAT PO!!!