Criminal Procedure Atty. Victor Y. Eleazar

Suggested textbooks: Herrera, Remedial Law, Vol. IV; Riano, Criminal Procedure I. General Principles

A. Concept of Remedial Law B. Substantive Law as Distinguished from Remedial Law 1. Concepts

a. Substantive Law b. Procedural Law c. Jurisdiction d. Venue

C. Rule-making Power of the Supreme Court Sec. 5, Article VIII, 1987 Constitution Echegaray v. The Secretary of Justice (Resolution in G.R. No. 132601, January 19, 1999, 301 SCRA 96)

1. Limitations on the rule-making power of the Supreme Court Sec. 2 of Article VIII, 1987 Constitution

Sec. 30, Article VI, 1987 Constitution Fabian v. Desierto, G.R. No. 129742, September 16, 1998, 295 SCRA 470 Kuizon v. Desierto, G.R. NO. 140619-24, March 9, 2001, 354 SCRA 158 Baviera v. Zoleta, G.R. No. 1609098, October 12, 2006, 504 SCRA 280

2. Power of the Supreme Court to amend and suspend procedural rules Neypes v. Court of Appeals, G.R. No. 141524, September 14, 2005, 469 SCRA 633. Rodriguez v. People, G.R. No. 192799, October 24, 2012, 684 SCRA 580

3. Power to suspend procedural rules Agote v. Lorenzo, G.R. No. 142675, July 22, 2005, 464 SCRA 60 Almuete v. People, G.R. No. 179611, March 12, 2013 People v. Gatward, G.R. No. 119722-73, February 7, 1997, 267 SCRA 785 Sumbilla v. Matrix Finance Corp., G.R. No. 197582, June 29, 2015

4. Retroactivity of procedural rules

Date of last revision, September 14, 2015

2

Article 4, Civil Code Heirs of Eduardo Simon v. Chan, G.R. No. 157547, February 23, 2011, 644 SCRA 13 People v. Lacson, G.R. No. 149453, April 1, 2003, 400 SCRA 267

5. Basic principles in Jurisdiction a. Equity jurisdiction

Poso v. Mijares, A.M. No. RTJ-02-1693, August 21, 2002, 387 SCRA 485 San Juan v. Sandiganbayan, G.R. No. 173956, August 6, 2008

b. Elements of Jurisdiction (i) Jurisdiction over the subject matter or nature

of the case (ii) Jurisdiction over the parties (iii) Jurisdiction over the res

c. Estoppel Figueroa v. People, G.R. No. 147406, July 14, 2008, 558 SCRA 63

d. Elements of Criminal Jurisdiction (i) Territorial jurisdiction (ii) Jurisdiction over the subject matter (iii) Jurisdiction over the person of the accused

6. Classes of Jurisdiction a. Concepts (i) General (ii) Special or Limited (iii) Original (iv) Appellate (v) Exclusive (vi) Concurrence/confluent/coordinate

Magno v. People, G.R. No. 171542, April 6, 2011 b. Nature of Philippine Courts

(i) Meaning of a court (ii) Court as distinguished from a judge

c. Classification of Philippine courts d. Courts of original and appellate jurisdiction e. Courts of general and special jurisdiction f. Constitutional and statutory courts g. Courts of law and equity h. Principle of judicial hierarchy

Declarador v. Judge Gubaton, G.R. No. 159208, August 18, 2006, 499 SCRA 341 Note: Issue on application of RA 9344 overturned in People v. Sarcia, G.R. No. 169641, September 10, 2009

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Perez v. Ombudsman, G.R. No. 131445, May 27, 2004 People and AAA v. Court of Appeals, G.R. No. 183652, February 25, 2015

i. Doctrine of non-interference or doctrine of judicial stability (i) Doctrine Of Judicial Stability

Bagalihog v. Judge Fernandez, G.R. No. 96356, June 27, 1991 See Superlines Transportation Co. Inc. v. Philippine National Construction Co., G.R. No. 169596, March 28, 2007 and Victory Liner Inc. v. Bellosillo, A.M. No. MTJ-00-1321, March 10, 2004, 425 SCRA 79

II. Jurisdiction A. Jurisdiction in general

1. Meaning of jurisdiction over the subject matter 2. Jurisdiction versus the exercise of jurisdiction 3. Error of jurisdiction as distinguished from error of

judgment 4. How jurisdiction is conferred and determined 5. Doctrine of primary jurisdiction

Sia v. People, G.R. No. 159659, October 12, 2006 Cabral v. Uy, G.R. No. 174584, January 20, 2010, 610 SCRA 405 Baviera v. Paglinawan, G.R. No. 168380, February 8, 2007, 515 SCRA 170

6. Doctrine of adherence of jurisdiction People v. Court of Appeals, G.R. No. 154557, February 13, 2008 a. Instances when a court may lose jurisdiction even if

it has been attached to it 7. The facts alleged in the complaint and the law in force at

the time of commencement of action determine the jurisdiction

People v. Sandiganbayan (Rolando Plaza), G.R. No. 169004, September 15, 2010, 630 SCRA 489

8. Objections to jurisdiction over the subject matter 9. Effect of estoppel on objections to jurisdiction 10. When injunction may be issued to restrain criminal

prosecution Marcelo Jr. v. Villordon, G.R. 173081, December 15, 2010, 638 SCRA 557 Hipos v. Judge Bay, G.R. No. 174813-15, March 17, 2009, 581 SCRA 674

4

Enriquez v. Office of the Ombudsman, G.R. No. 174902-06, February 15, 2008, 545 SCRA 618

B. Jurisdiction over the parties 1. How jurisdiction over the accused is acquired 2. Jurisdiction over the subject matter 3. Distinguish jurisdiction over subject matter from

jurisdiction over person of the accused Miranda v. Tuliao, G.R. No. 158763, March 31, 2006, 486 SCRA 377 Alawiya v. Court of Appeals, G.R. No. 164170, April 16, 2009 David v. Agbay and People, G.R. No. 199113, March 18, 2015

4. Jurisdiction of Criminal courts Treñas v. People, G.R. No. 195002, January 25, 2012 Sec. 4 of Rep. Act No. 10175 Serena v. Sandiganbayan, G.R. No. 162059, January 22, 2008, 542 SCRA 224

C. Jurisdiction of Courts 1. Supreme Court

a. Sec. 1, Art. VIII, 1987 Constitution b. Internal Rules of the Supreme Court Rule 2, Sec. 3; Sec. 11; Sec. 14 Rule 3, Sec. 2; Sec. 3; Sec. 4 Rule 9, Sec. 5 Rule 10, Sec. 2

2. Court of Appeals a. Sec. 9 of BP 129, as amended by Rep. Act No. 8246 b. 2009 Internal Rules of the Court of Appeals Rule III, Sec. 2 (h); Sec. 3 Rule IV, Sec. 4 (b) Rule VI

People v. Mateo, G.R. No. 147678-87, July 7, 2004, 433 SCRA 640

3. Court of Tax Appeals a. Rep. No. 9503 b. Rep. Act No. 9282 amending RA 1125.

4. Sandiganbayan a. Rep. Act No. 8249; RA 10660

Llorente Jr. v. Sandiganbayan, G.R. No. 122297-98, January 19, 2000 Magno v. People, G.R. No. 171542, April 6, 2011 Sanchez v. Demetriou, G.R. No. 111771-77, November 9, 1993

b. Revised Internal Rules of the Sandiganbayan Rule III, Sec. 3 Rule VII, Sec. 1; Sec. 4

5

Rule IX, Sec. 1; Sec. 4, Sec. 5; Sec. 6, Sec. 7; Sec. 8 Rule X, Sec.1 Rule XI, Sections 1 and 2

5. Ombudsman a. Rep. Act No. 6770

Office of the Ombudsman v. Rodriguez, 625 SCRA 299 Uy v. Sandiganbayan, G.R. Nos. 105965-70, August 9, 1999; Resolution dated February 20, 2000; Resolution of March 20, 2001 Castro v. Deloria, G.R. No. 163586, January 27, 2009 People v. Go, G.R. No. 168539, March 25, 2014

6. Regional Trial Courts a. Sec. 20 of BP 129 as amended by Rep. Act No. 7691

b. Other laws which specifically lodge jurisdiction in the RTC: (a) Libel; (b) Decree on Intellectual Property; (c) Dangerous Drugs cses except where the offenders are under 16 and there are Family Courts in the province; (d) Special Agrarian Courts under Sec. 56 of RA 6657, as amended Tan v. Bausch & Lomb, Inc., G.R. No. 148420, December 15, 2005, 478 SCRA 115

Samson v. Daway, G.R. No. 160054-55, July 21, 2004, 434 SCRA 612

c. Sec. 21 of BP 129 as amended d. Sec. 20 of BP 129, as amended (appellate jurisdiction

over all cases decided by the MTCs in their respective territorial jurisdiction

e. In areas where there are no family courts, the cases falling under the jurisdiction of family courts shall be adjudicatied by the RTC

f. Sec. 23 of BP 129, as amended f. Sec. 24 of BP 129, as amended

7. Family Courts a. Rep. Act No. 8369 (Family Courts Act of 1997) b. RA 9344 as amended by RA 10630, Sec. 6

People v. Judge Yadao, G.R. No. 162144-54, November 13, 2012

c. Rep. Act No. 7610, as amended by Rep. Act No. 7658

d. Rep. Act No. 9262 8. Metropolitan Trial Courts/Municipal Trial Courts a. Sec. 32 of BP 129, as amended b. Sec. 35 of BP 129, as amended

Figueroa v. People, G.R. No. 147406, July 14, 2008

6

Comelec v. Judge Aguirre, G.R. No. 171208, September 7, 2007, 532 SCRA 545

9. Rules on Summary Procedure a. Sec. 36 of BP 129, as amended b. Revised Rule on Summary Procedure

10. Rules on Barangay Conciliation a. Adm. Circular No. 14-93 b. Secs. 399-422, Chapter VII, Title I, Book III, and Sec.

515, Title I, Book IV, R.A. 7160 III. 2000 Rules on Criminal Procedure

A. Prosecution of Offenses Uy v. Sandiganbayan, G.R. No. 105965-70, Resolution dated March 20, 2001 (354 SCRA 651) 1. Criminal actions, how instituted

People v Bautista, G.R. No. 168641, April 27, 2007, 522 SCRA 742 SEC v. Interport Resources Corp., G.R. No. 135808, October 6, 2008, 567 SCRA 354

2. Who may file them, crimes that cannot be prosecuted de officio In Salazar v. People, G.R. No. 149472, October 15, 2002

3. Criminal actions, when enjoined 4. Control of prosecution

Pinote v. Ayco, A.M. No. RTJ-05-1944, December 13, 2005, 477 SCRA 409 Bangayan Jr. v. Bangayan, G.R. No. 172777, October 19, 2011, 659 SCRA 2011 Fenequito v. Vergara Jr., G.R. No. 172829, July 18, 2012 Jimenez v. Judge Sorongon, G.R. No. 178607, December 5, 2012 In Merciales v. Court of Appeals, G.R. No. 124171, March 18, 2002 People v. Sandiganbayan (Perez), G.R. No. 188165 & 189063, December 11, 2013

5. Sufficiency of Complaint or Information Lazarte v. Sandiganbayan, G.R. No. 180122, March 13, 2009, 581 SCRA 431 Guinhawa v. People, G.R. No. 162822, August 25, 2005 People v. Bayabos, G.R. No. 171222, February 18, 2015

6. Designation of Offense Information must allege the qualifying and aggravating

circumstances People vs. Avendaño, G.R. No. 137407, January 28, 2003 Relationship in rape must be correctly alleged in the information

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People vs. Amadore, G.R. Nos. 140669-75 & 140691, April 20, 2001 Disguise as an aggravating circumstance People v. Feliciano, Jr., G.R. No. 196735, May 5, 2014

7. Cause of the Accusation Precision in language

People v. Flores, Jr., G.R. No. 128823-24, December 27, 2002 People v. Tampos, G.R. No. 142740, August 6, 2003 People v. Cantomayor, G.R. No. 145522, December 5, 2002

8. Duplicity of the Offense; Exception People v. Avendano, G.R. No. 137407, January 28, 2003

Ivler v. Judge San Pedro, G.R. No. 172716, November 17, 2010, 635 SCRA 191

9. Amendment or Substitution of complaint or information Galvez v. Court of Appeals, G.R. No. 114046, October 24, 1994 Teehankee v. Madayag, G.R. No. 103102, March 6, 1992 Matalam v. The Second Division of the Sandiganbayan, G.R. No. 165751, April 12, 2005, 455 SCRA 736 Soberano v. People, G.R. No. 154629, October 5, 2005, 472 SCRA 125 Braza v. Sandiganbayan, G.R. No. 195032, February 20, 2013

10. Venue of criminal actions Union Bank of the Philippines v. People, G.R. No. 192565, February 28, 2012, 667 SCRA 113 a. Change of venue in criminal cases Art. VIII, Sec. 5 (4), 1987 Constitution People v. Grey, G.R. No. 180109, July 26, 2010 Venue in VAWC cases

11. Intervention of offended party Alonte v. Savellano Jr., G.R. No. 131652, March 9, 1998, 287 SCRA Tan, Jr. v. Gallardo, G.R. Nos. L-41213-14, October 5, 1976, 73 SCRA 306 Chua v. Court of Appeals, G.R. No. 150793, November 19, 2004, 443 SCRA 259 Liong v. Lee, G.R. No. 181658, August 7, 2013

12. Role of the Public Prosecutor in the prosecution of offenses

Guidelines on the Role of Prosecutors adopted by the Eighth UN Congress on the Prevention of Crime and Treatment of Offenders in Havana, Cuba (1990)

RA 10071 (Prosecution Service Act of 2010) 13. Role of the Office of the Solicitor General in the

prosecution of offenses

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Ong v. Genio, G.R. No. 182336, December 23, 2009 People v. Montesa, Jr., G.R. No. 114302, September 29, 1995 People v. Piccio, G.R. No. 193681, August 6, 2014 Can the OSG maintain a contrary position and

recommend the acquittal of the accused? People v. Dogaojo, G.R. Nos. 137834-40, December 3, 2001 Comelec v. Court of Appeals, G.R. No. 108120, January 26,

1994 Rule on notice of appeal or petitions before the CA or SC Cajipe v. People, G.R. No. 203605, April 23, 2014 14. Office of the Ombudsman Article XI, 1987 Constitution RA 6770 15. Office of the Special Prosecutor RA 6770, Sec. 11 Gonzales III v. Office of the President, G.R. No. 196231,

September 4, 2011 16. Public Attorney’s Office EO 292 as amended by RA 9406 17. Counsel de oficio Rule 116, Sections 7 and 8 Rule 122, Sec. 13

B. Prosecution of Civil Action 1. Rule on implied institution of civil action with criminal

action Rimando v. Aldaba, G.R. No. 20353, October 13, 2014 Abellana v. People, G.R. No. 174654, August 17, 2011, 655 SCRA 683 Garces v. Hernandez Jr., G.R. No. 180761, August 9, 2010, 627 SCRA 366 Crisologo v. People, G.R. No. 199481, December 3, 2012 People v. Yanson, G.R. No. 179195, October 3, 2011, 658 SCRA 385

2. When civil action may proceed independently Maniago v. Court of Appeals, G.R. No. 104392, February 20, 1996, 253 SCRA 674 Casapunan v. Laroya, G.R. No. 145391, Augus5 26, 2002, 388 SCRA 28 Lim v. Kou Co Ping, G.R. No. 175256, August 23, 2012

3. When separate civil action is suspended 4. Effect of the death of accused or convict on civil action

De Guzman vs. People, G.R. No. 154579, October 8, 2003 People v. Bayotas, G.R. No. 102007, September 2, 1994, 236 SCRA 239

9

Calang v. People, G.R. No. 190696, August 3, 2010, 626 SCRA 679 People v. Paras, G.R. No. 192912, October 22, 2014 Respicio v. People, G.R. Nos. 178701 and 178754, June 6, 2011, 650 SCRA 573; March 11, 2015 Resolution Philippine Rabbit Bus v. People, April 14, 2004, 427 SCRA 456

5. Prejudicial Question Te v. Court of Appeals, G.R. No. 126746, November 29, 2000 Ty-de Zuzuarregui v. Villarosa, G.R. No. 183788, April 5, 2010, 617 SCRA 377 Gidwani v. People, G.R. No. 195064, January 15, 2014

6. Rule on Filing Fees in civil action deemed instituted with the criminal action Viray v. People, G.R. No. 205180, November 11, 2013

C. Preliminary Investigation 1. Nature of right

Yu vs. Sandiganbayan, G.R. No. 128466, May 31, 2001 2. Purposes of preliminary investigation

Aguilar v. Department of Justice, G.R. No. 197522, September 11, 2013 Punzalan v. Plata, G.R. No. 160316, September 2, 2013 Lanier v. People, G.R. No. 189176, March 19, 2014 Ladlad v. Velasco, G.R. Nos. 172070-72, June 1, 2007, 523 SCRA 318

3. Who may conduct determination of existence of probable cause Baviera v. Paglinawan, February 8, 2007 SEC v. Interport Resources Corp., G.R. No. 135808, October 6, 2008 Arroyo v. DOJ, G.R. No. 199082, September 18, 2012 Honasan II v. The Panel of Investigators of the Department of Justice, G.R. No. 159747, April 13, 2004, 427 SCRA 46 Read again: Alawiya v. Court of Appeals, G.R. No. 164170, April 16, 2009 Perez v. Sandiganbayan (2nd Division), G.R. No. 166062, September 26, 2006, 503 SCRA 252 Sia v. People, G.R. No. 159659, October 12, 2006, 504 SCRA 507

4. Resolution of investigation prosecutor 5. Review

People v. Garfin, G.R. No. 153176, March 29, 2004, 426 SCRA 393 Tolentino v. Pacqueo, Jr., G.R. No. 150606, June 7, 2007, 525 SCRA 377

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Manual for Prosecutors, Sec. 56 DOJ No. 70 dated July 3, 2000 Sec. 7, Adm. Order No. 7 dated April 10, 1990, Re: Rules of Procedure of the Office of the Ombudsman, as amended by Adm. Order No. 15 dated February 16, 2001 Ledesma v. CA, G.R. No. 113216, September 5, 1997, 278 SCRA 656 Metropolitan Bank and Trust Company v. Reynaldo, G.R. No. 164538, August 9, 2010, 627 SCRA 88 PNB v. Soriano, G.R. No. 164051, October 3, 2012 Torres v. Perez, G.R. No. 188225, November 28, 2012 Po v. Department of Justice, G.R. No. 195198, February 11, 2013 Villanueva v. Caparas, G.R. No. 190969, January 30, 2013 Read again: Alawiya v. Court of Appeals, G.R. No. 164170, April 16, 2009 Securities and Exchange Commission v. Santos, G.R. No. 1995542, March 19, 2014 Judicial interence in the conduct of a preliminary investigation? Lanier v. People, G.R. No. 189176, March 19, 2014 Aguilar v. Department of Justice, G.R. No. 197522, September 11, 2013 Punzalan v. Plata, G.R. No. 160316, September 2, 2013 People v. Court of Appeals, G.R. No. 126005, January 21, 1999 Tan v. Ballena, G.R. No. 168111, July 4, 2008, 557 SCRA 229 Heirs of the late Nestor Tria v. Atty. Obias, G.R. No. 175887, November 24, 2010, 636 SCRA 91 Tan, Jr. v. Matsuura, G.R. No. 179003, January 9, 2013 People v. Yecyec, G.R. No. 183551, November 12, 2014

6. When warrant of arrest may issue Sales vs. Sandiganbayan, G.R. Nos. 143802, November 16, 2001 Ramiscal v. Sandiganbayan, G.R. No. 169727-28, August 18, 2006 People v. Judge Yadao, G.R. No. 162144-54, November 13, 2012 Cajipe v. People, G.R. No. 203605, April 23, 2014 Santos v. Orda, Jr., 620 SCRA 374 Mendoza v. People, G.R. No. 197293, April 21, 2014

7. Cases not requiring a preliminary investigation Revised Rule on Summary Procedure Verzano Jr. v. Paro, G.R. No. 171643, August 8, 2010 Borlongan v. Pena, G.R. No. 143591, May 5, 2010

11

8. Remedies of accused if there was no preliminary investigation Go v. Court of Appeals, 206 SCRA 138 San Agustin v. People, G.R. No. 158211, August 31, 2004

9. Inquest Art. 125 of the Revised Penal Code

DOJ Circular No. 61 (New Rules on Inquest) Read again: Ladlad v. Velasco

D. Arrest See DOJ Circular No. 50, October 29, 1990 Pangandaman v. Casar, G.R. No. L-71782, April 14, 1988, 159 SCRA 599 Pestilos v. Generoso, G.R. No. 182601, November 10, 2014 Sec. 11 of PD 1521 or the Ship Mortgage Decree of 1978 1. Arrest, how made 2. Arrest without warrant, when lawful

People v. Racho, G.R. No. 186529, August 3, 2010, 626 SCRA 633 People v. Delos Reyes, G.R. No. 174774, August 31, 2011, 656 SCRA 417 Miclat Jr. v. People, G.R. No. 176077, August 31, 2011, 656 SCRA 539 Antiquera v. People, G.R. No. 180661, December 11, 2013

3. Method of arrest a. by officer with warrant b. by officer without warrant

Luz v. People, G.R. No. 197788, February 29, 2012, 667 SCRA 421

c. by private person People v. Nuestro, G.R. No. 111288, January 18, 1995 People v. Mendez, G.R. No. 147671, November 21, 2002 Posadas v. Ombudsman, G.R. No. 131492, September 29, 2000

4. Requisites of a valid warrant of arrest 5. Determination of Probable Cause for issuance of warrant

of arrest Leviste v. Alameda, G.R. No. 182677, August 3, 2010, 626 SCRA 575

6. Distinguish probable cause of fiscal from that of a judge Bernardo v. Tan, G.R. No. 185491, July 11, 2012 Comerciante v. People, G.R. No. 205926, July 22, 2015 People v. Sydeco, G.R. No. 202692, November 12, 2014

E. Bail Sec. 13, Art. III, 1987 Constitution

12

Sec. 14 (2), Art. III, 1987 Constitution People v. Hu Ruey Chun, G.R. No. 158064, June 30, 2005, 462 SCRA 498 1. Nature

Jimenez v. Court of Appeals, G.R. No. 178607, December 5, 2012 Read again: Miranda v. Tuliao, G.R. No. 158763, March 31, 2006, 486 SCRA 377 People v. Judge Maceda, G.R. No. 89591-96, August 13, 1990, 188 SCRA 532; Resolution dated January 24, 2000 (323 SCRA 45) Ocampo v. Abando, G.R. No. 176830, February 11, 2014 A.M. No. 12-11-2-SC (Guidelines for Decongesting Holding Jails by Enforcing the Rights of Accused Persons to Bail and to Speedy Trial) dated March 18, 2014 People v. Jalosjos, G.R. No. 132875-76, February 3, 2000, 324 SCRA 689 Redondo v. Judge Dimaano, A.M. No. 1150-MJ, June 30, 1976, 71 SCRA 543. See concurring opinion of Justice Barredo Ocampo v. Abando, G.R. No. 176830, February 11, 2014 Enrile v. Sandiganbayan, G.R. No. 213847, August 18, 2015

2. When a matter of right; exceptions 3. When a matter of discretion

Pareja v. Gomez, G.R. No. L-18733, July 31, 1962, 5 SCRA 830 People v. Cabral, G.R. No. 131909, February 18, 1999, 303 SCRA 361 Santos v. How, A.M. No. RTJ-05-1946, January 26, 2007, 513 SCRA 25 Leviste v. Court of Appeals, G.R. No. 189122, March 17, 2010, 615 SCRA 619. See dissenting opinion of Justice Peralta The SC made a similar ruling in Qui v. People, G.R. No. 196161, September 26, 2012 Ruiz v. Beldia, A.M. No. RTJ-02-1731, February 16, 2005, 451 SCRA 402 Yap v. Court of Appeals, G.R. No. 141529, June 6, 2001 Jorda v. Judge Bitas, A.M. No. RTJ-14-2376, March 5, 2014

4. Hearing of application for bail in capital offenses 5. Guidelines in fixing amount of bail

2000 Bailbond Guide amended by DOJ Circular No. 74 dated November 6, 2001 Cenzon v. Judge Abad Santos, G.R. No. 164337, June 27, 2006, 493 SCRA 378

13

Hu Ruey Chun, 462 SCRA 498 6. Bail when not required RA 10389 7. Increase or Reduction of Bail

San Miguel v. Judge Maceda, A.M. No. RTJ-03-1749, April 4, 2007

8. Forfeiture and Cancellation of bail 9. Application not a bar to objections in illegal arrest, lack

of or irregular preliminary investigation 10. Hold Departure Order & Bureau of Immigration

Watchlist DOJ Circular No. 41, Consolidated Rules governing the issuances and implementing HDOs, Watchlist Orders and Allow Departure Orders SC Circular No. 39-97 dated June 19, 1997 Arroyo v. de Lima, G.R. No. 199034, November 15, 2011 Resolution

11. Bail in environmental cases 12. Preventive Suspension RA 3019, as amended, Sec. 13 Sec. 24, RA 6770

Villasenor v. Sandiganbayan, G.R. No. 180700, March 4, 2008, 547 SCRA 658

F. Rights of the Accused 1. Rights of accused at the trial

a. Right to due process Lai v. People, G.R. No. 175999, July 1, 2015 b. Presumption of innocence

Re: Conviction of Judge Adoracion G. Angeles, A.M. No. 06-9-545-RTC, January 31, 2008, 543 SCRA 196 Read again: Leviste v. Court of Appeals, G.R. No. 189122, March 17, 2010, 615 SCRA 619

c. Right against self-incrimination Rosete v. Lim, G.R. No. 136051, June 8, 2006, 490 SCRA 125 People v. Ayson, G.R. No 85215, July 7, 1989, 175 SCRA 217 Dela Cruz v. People, G.R. No. 200748, July 23, 2014

d. Right to speedy trial Cabarles v. Maceda, G.R. No. 161330, February 20, 2007, 516 SCRA 303 Esmeña v. Pogoy, G.R. No. L-54110, February 20, 1981, 102 SCRA 861 People v. Sandiganbayan (Perez), G.R. No. 188165 & 189063, December 11, 2013

14

Angchonco, Jr. v. Ombudsman, 268 SCRA 301 Coscolluela v. Sandiganbayan, G.R. No. 191411, July 15, 2013

e. Right to confront and cross-examine the witnesses against him at the trial

People v. Go, G.R. No. 130714, December 27, 2002 (i) Rule on Examination of a Child Witness (A.M.

No. 004-07-SC) (ii) None presentation of confidential informant

in drug cases is not fatal to the prosecution’s case

People v. Andaya, G.R. No. 183700, October 13, 2014 f. Right to have compulsory process issued to secure

the attendance of witnesses and production of other evidence in his behalf (Rule 115, Sec. 1 (g) People v. Montejo, G.R. No. L-24154, October 31, 1967 Vda. de Manguerra v. Risos, G.R. No. 152643, August 28, 2008, 563 SCRA 499 Jaylo v. Sandiganbayan, G.R. Nos. 111502-04, November 22, 2001, 370 SCRA 170

g. Right to self-representation Section 34, Rule 138 of the Rules of Court Estoesta v. Court of Appeals, 191 SCRA 303

h. Right to counsel Rule 112, Sec. 6 Rule 113, Sec. 14 Rule 115, Sec. 1 (c) Rule 116, Sec. 6 Rule 116, Sec. 7

Rule 116, Sec. 8 Rule 124, Sec. 2

People v. Serzon Jr., G.R. No. 118435, June 20, 1997 i. Right to an impartial judge People v. Opida, G.R. No. L-46272, June 13, 1986 j. Right to remain silent Alvero v. People, G.R. No. 145209, June 8, 2006

2. Rights of persons under Custodial Investigation Rep. Act No. 7438 – Rights of Persons arrested, detained or under custodial investigation as well as duties of the arresting, detaining and investigating officers

G. Arraignment and Plea 1. Arraignment and Plea, how made

A.M. No. 09-6-8-SC or the Rules of Procedure for Environmental Cases, Part IV (Criminal Procedure)

15

Read again: Braza v. Sandiganbayan, G.R. No. 195032, February 20, 2013 Cabo v. Sandiganbayan, 524 Phil. 575 (2006)

2. When should plea of NOT GUILTY be entered People v. Strong, G.R. No. L-38626, March 14, 1975, 63 SCRA 133 People v. Balisacan, G.R. No. L-26376, August 31, 1966, 17 SCRA 1119

3. When may accused enter a plea of guilty to a lesser offense Daan v. Sandiganbayan, G.R. Nos. 163972-77, March 28 2008, 550 SCRA 233 People v. Villarama Jr., G.R. No. 99287, June 23, 1992, 210 SCRA 246 Gonzales III v. Office of the President, G.R. No. 196231, September 4, 2012, 679 SCRA 614 People v. Garcia, Crim. Case Nos. 28107, May 9, 2011 Resolution

4. Accused plead guilty to capital offense, what the court should do

People v. Ernas, G.R. No. 137256 to 58, August 6, 2003 People v. Oden, G.R. Nos. 155511-22, April 14, 2004, 427

SCRA 634 Read again: People v. Halil Gambao 5. Searching Inquiry

People v. Mendoza, G.R. No. 80845, March 14, 1994, 231 SCRA 264

6. Improvident plea 7. Grounds for suspension of arraignment

Reyes v. Rossi, G.R. No. 159823, February 18, 2013 San Miguel Properties, Inc. v. Perez, G.R. No. 166836, September 4, 2013 Omictin v. CA, 512 SCRA 70 Fabia v. CA, 388 SCRA 576

H. Motion to Quash 1. Grounds

Fenequito v. Vergara Jr., G.R. No. 172829, July 18, 2012 Galzote v. Briones, G.R. No. 164682, September 14, 2011, 657 SCRA 535 Co v. People of the Philippines, G.R. No. 160265, July 13, 2009, 592 SCRA 381 People v. Andrade, G.R. No. 187000, November 24, 2014

2. Distinguish from demurrer to evidence 3. Effects of sustaining the motion to quash

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Javier v. Sandiganbayan, G.R. Nos. 147026-27, September 11, 2009, 599 SCRA 324 Enrile v. Judge Manalastas, G.R. No. 166414, October 22, 2014

4. Exception to the rule that sustaining the motion is not a bar to another prosecution

5. Double Jeopardy a. Res judicata dressed in prison grey or the criminal law

concept of double jeopardy Caes v. IAC, 179 SCRA 54

b. Doctrine of waiver of double jeopardy People v. Salico, 84 Phil. 722 (October 13, 1949)

c. Doctrine of estoppel in relation to the plea of double jeopardy People v. Acierto, 92 Phil. 534 (January 30, 1953) Co v. Lim, G.R. No. 164669-70, October 30, 2009, 604 SCRA 702 People v. Velasco, G.R. No. 127444, September 13, 2000, 340 SCRA 207. Read separate opinion of Justice Panganiban Ysidoro v. Leonardo-de Castro, G.R. No. 171513 and G.R. No. 190963, February 6, 2012, 665 SCRA 1 Goodland Company Inc. v. Co, G.R. No. 196685, December 14, 2011, 662 SCRA 692 People v. Laggui, G.R. Nos. 76262-63, March 16, 1989, 171 SCRA 305 People v. Laguio Jr., G.R. No. 128587, March 16, 2007, 518 SCRA 393 People v. Court of Appeals, G.R. No. 187409, November 16, 2011 Tangan v. People, 155 SCRA 435 People v. Villa, June 30, 1948 People v. Jose, G.R. No. L-28232, February 6, 1971, 37 SCRA 450 Castro v. People, G.R. No. 180832, July 23, 2008, 559 SCRA 676 Heirs of Jane Honrales v. Honrales, G.R. No. 182651, August 25, 2010, 629 SCRA 423 People v. de Grano, G.R. No. 167710, June 5, 2009, 588 SCRA 550 Saldana v. Court of Appeals, G.R. No. 88889, October 11, 1990, 190 SCRA 397 People v. Uy, G.R. No. 158157, September 30, 2005, 471 SCRA 668

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People v. Balisacan, G.R. No. L-26376, August 31, 1966, 17 SCRA 1119 People v. Quizada, G.R. Nos. L-61079-81, April 15, 1988, 160 SCRA 516 Ivler v. Judge San Pedro, G.R. No. 172716, November 17, 2010, 635 SCRA 191 People and AAA v. CA, G.R. No. 183652, February 25, 2015

6. Provisional Dismissal People v. Lacson, G.R. No. 149453, April 1, 2003 Torres Jr. v. Aguinaldo, G.R. No. 164268, June 28, 2005 Bañares II v. Balising, G.R. No. 132624, March 13, 2000

7. Bill of Particulars Enrile v. People, G.R. No. 213455, August 11, 2015

I. Pre-trial Sec. 23, RA 9165 1. Matters to be considered during pre-trial – Sec. 1 2. What the court should do when prosecution and

offended party agree to the plea offered by the accused

3. Pre-trial agreement – Sec. 2 Bayas v. Sandiganbayan, G.R. Nos. 143689-91, November 12, 2002, 391 SCRA 415

4. Non-appearance during pre-trial – Sec. 3 5. Pre-trial order – Sec. 4 6. Referral of some cases for Court Annexed Mediation and

Judicial Dispute Resolution Adm. Circ. No. 7-A-92, June 21, 1993

J. Trial 1. Instances when presence of accused is required by law 2. Requisite before trial can be suspended on account of

absence of witness 3. Trial in Absentia

People v. Tabag, 268 SCRA 115 Estrada v. People, G.R. No. 162371, August 25, 2005

4. Remedy when accused is not brought to trial within the prescribed period – Sec. 9

5. Requisites for discharge of accused to become a state witness – Sec. 17 Quarto v. Ombudsman Marcelo, G.R. No. 169042, October 5, 2011, 658 SCRA 580

Sec. 17, RA 6770 Ampatuan Jr. v. Sec. de Lima, G.R. No. 197291, April 3, 2013 Section 10, Rep. Act No. 6981

6. Effects of Discharge of accused as state witness – Sec. 18

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7. Demurrer to Evidence – Sec. 23 Bangayan Jr. v. Bangayan, 172777, October 19, 2011, 659 SCRA 590 People v. Sandiganbayan (Fourth Division), G.R. No. 153304-05, February 7, 2012, 665 SCRA 89 People v. Atienza, G.R. No. 171671, June 18, 2012 Bautista v. Cuneta-Pangilinan, G.R. No. 189754, October 24, 2012 People v. Judge Lagos, G.R. No. 184658, March 6, 2013

8. Reverse trial - Sec. 11 Alejandro v. Pepito, G.R. No. L-52090, February 1, 1980, 96 SCRA 322 People v. Marcial, G.R. Nos. 152864-65, September 27, 2006, 503 SCRA 536

K. Judgment Escalante v. People, G.R. No. 192727, January 9, 2013 1. Requisites of a judgment – Sec. 1 2. Contents of Judgment – Sec. 2

Abellana v. People, G.R. No. 174654, August 17, 2011, 655 SCRA 683

3. Promulgation of judgment; instances of promulgation of judgment in absentia – Sec. 6 People v. de los Reyes, G.R. Nos. 130714 & 139634, October 16, 2012 Resolution a. Concept of repromulgation

Adm. Circular No. 16-93, issued on September 9, 1993 Almuete v. People, G.R. No. 179611, March 12, 2013 People v. Barro, 392 Phil. 857 Estrada v. People, 505 Phil. 339 Rigor v. The Superintendent, New Bilibid Prison, 458 Phil. 561

4. Reopening of case – Rule 119, Sec. 24 People v. Tee, G.R. Nos. 140546-47, January 20, 2003

Cabarles v. Maceda, G.R. No. 161330, February 20, 2007, 516 SCRA 303

5. Amendment of the Information Gonzales v. CA, G.R. No. 108811, May 31, 1994, 232 SCRA 667

6. When does judgment become final (4 instances) – Sec. 7 7. Probation- Sec. 9

PD 968 (Probation Law), as amended by PD 1990 Lagrosa v. People, G.R. No. 152044, July 3, 2003, 405 SCRA 357

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Colinares v. People, G.R. No. 182748, December 13, 2011, 662 SCRA 266

8. Necessarily included – Sec. 5 People v. Villacorta, G.R. No. 186412, September 7, 2011, 657 SCRA 270 People v. Laog, G.R. No. 178321, October 5, 2011, 658 SCRA 654 Santos v. People, G.R. No. 77429, January 29, 1990, 181 SCRA 487 Villareal v. People, G.R. No. 151258, February 1, 2012, 664 SCRA 519 People v. Manansala, G.R. No. 175939, April 3, 2013

9. Automatic suspension of judgment under RA 9344, as amended

Read again: People v. Halil Gambao People v. Bon, G.R. No. 166401, October 30, 2006, 506

SCRA 168 People v. Sarcia, G.R. No. 169641, September 10, 2009, 599

SCRA 20 People v. Jacinto, G.R. No. 182239, March 16, 2001

L. New Trial or Reconsideration 1. Grounds for New Trial

Tadeja v. People, G.R. No. 145336, February 20, 2013 2. Grounds for Reconsideration

Flores v. People, G.R. No. 181354, February 27, 2013 3. Requisites before a new trial may be granted on ground

of newly discovered evidence Custodio v. Sandiganbayan, G.R. No. 96027-28, March 8,

2005, 453 SCRA 24 4. Effects of granting a new trial or reconsideration 5. Application of Neypes Doctrine in Criminal Cases

Olayres v. People, G.R. No. 192799, October 24, 2012 M. Appeal

1. Effect of an Appeal Mercado v. People, G.R. No. 149375, November 26, 2002, 392 SCRA 687

2. Where to appeal Torres v. People, G.R. No. 175074, August 31, 2011, 656 SCRA 486 Icdang v. Sandiganbayan, G.R. No. 185960, January 25, 2012, 664 SCRA 252 (i) Sec. 2 (a), Rule 122: The appeal may be taken to the

Regional Trial Court, in cases decided by the Metropolitan Trial Court, Municipal Trial Court in

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Cities, Municipal Trial Court, or Municipal Circuit Trial Court

(ii) Sec. 2 (b), Rule 122: The appeal may be taken to the Court of Appeals or the Supreme Court in the proper cases provided by law, in cases decided by the Regional Trial Court

(iii) Sec. 2 (c), Rule 122: The appeal may be taken to the Supreme Court, in cases decided by the Court of Appeals.

3. How appeal taken (i) Sec. 3 (a), Rule 122: The appeal to the Regional Trial

Court, or to the Court of Appeals in cases decided by the Regional Trial court in the exercise of its original jurisdiction, shall be by notice of appeal filed with the court which rendered the judgment or final order appealed from and by serving a copy thereof upon the adverse party.

(ii) Sec. 3 (b), Rule 122: The appeal to the Court of Appeals in cases decided by the Regional Trial Court in the exercise of its appellate jurisdiction shall be by petition for review under Rule 42.

(iii) Sec. 3 (c), Rule 122: The appeal in cases where the penalty imposed by the Regional Trial Court is reclusion perpetua, life imprisonment or where a lesser penalty is imposed for offenses committed on the same occasion or which arose out of the same occurrence that gave rise to the more serious offense for which the penalty of death, reclusion perpetua, or life imprisonment is imposed, shall be by notice of appeal to the Court of Appeals in accordance with paragraph (a) of this Rule.

(iv) Sec. 3 (d), Rule 122: No notice of appeal is necessary in cases where the Regional Trial Court imposed the death penalty. The Court of Appeals shall automatically review the judgment as provided in Sec. 10 of this Rule.

4. Appeal from the CA to the SC (i) Sec. 13 (a), Rule 124: Whenever the Court of

Appeals finds that the penalty of death should be imposed, the court shall render judgment but refrain from making an entry of judgment and forthwith certify the case and elevate its entire record to the Supreme Court for review.

(ii) Sec. 13 (b), Rule 124: Where the judgment also imposes a lesser penalty for offenses committed on

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the same occasion or which arose out of the same occurrence that gave rise to the more severe offense for which the penalty of death is imposed, and the accused appeals, the appeal shall be included in the case certified for review to the Supreme Court.

(iii) Sec. 13 (c), Rule 124: In cases where the Court of Appeals imposes reclusion perpetua, life imprisonment or a lesser penalty, it shall render and enter judgment imposing such penalty. The judgment may be appealed to the Supreme Court by notice of appeal filed with the Court of Appeals. Bongalon v. People, G.R. No. 169533, March 20, 2013

5. Effect of appeal by any of several accused People v. Mantalaba, G.R. No. 186227, July 20, 2011, 654 SCRA 188

6. Grounds for dismissal of appeal 7. Who may appeal

Philippine Rabbit Bus Lines, Inc. v. People, G.R. No. 147703, April 14, 2004, 427 SCRA 456 Menchavez v. Bermudez, G.R. No. 185368, October 11, 2012

7. Withdrawal of appeal People v. Paradeza, G.R. No. 144590, February 7, 2003, 397 SCRA 151 People v. Rocha, G.R. No. 173797, August 31, 2007, 531 SCRA 761

8. Appeals in special cases a. Appellate jurisdiction of the Sandiganbayan

Read again: Torres v. People b. Sec. 268 of BP 881, as amended (Omnibus Election

Code of the Philippines) Comelec v. Aguirre, G.R. No. 171208, September 7, 2007, 532 SCRA 545

c. Jurisdiction of the CTA N. Search and Seizure

1. Nature of search warrant Washington Distillers Inc. v. CA, G.R. No. 118151, August 22, 1996 Savage v. Taypin, G.R. No. 134217, May 11, 2000

2. Distinguish from warrant of arrest 3. Application for search warrant, where filed 4. Probable Cause

Worldwide Web Corp. v. People, G.R. No. 161106, January 13, 2014

5. Personal examination by judge of the applicant and witnesses

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6. Particularity of place to be searched and things to be seized Del Castillo v. People, G.R. No. 185128, January 30, 2012, 664 SCRA 430

7. Personal property to be seized Tenorio v. Court of Appeals, G.R. No. 110604, October 10, 2003

8. Exceptions to search warrant requirement a. Search incidental to lawful arrest

Antiquera v. People, G.R. No. 180661, December 11, 2013

b. Consented Search Read again: Luz v. People c. Search of moving vehicle

Caballes v. Court of Appeals, G.R. No. 136292, January 15, 2002

d. Check points; body checks in airport Sales v. People, G.R. No. 191023, February 6, 2013

People v. Hadji Socor Cadidia, G.R. No. 191263, October 16, 2013

e. Plain view situation People v. Aspiras, G.R. Nos. 138382-84, February 12, 2002, 376 SCRA 546 People v. Macalaba, G.R. Nos. 146284-86, January 20, 2003, 395 SCRA 461 Miclat Jr. v. People, G.R. No. 176077, August 31, 2011, 656 SCRA 539 Fajardo v. People, G.R. No. 190889, January 10, 2011

f. Stop and Frisk situation Sales v. People, G.R. No. 191023, February 6, 2013 People v. Johnson, 401 Phil. 734 People v. Canton, 442 Phil. 743

g. Enforcement of Custom Laws Salvador v. People, G.R. No. 146706, July 15, 2005 h. Search by private individuals People v. Marti, G.R. No. 81561, January 18, 1991

Sesbreño v. Court of Appeals, G.R. No. 160689, March 26, 2014

9. Remedies from unlawful search and seizure People v. Nuevas, G.R. No. 170233, February 22, 2007, 516 SCRA 463 Tenorio v. Court of Appeals, G.R. No. 110604, October 10, 2003

O. Provisional Remedies Rules on Procedure for Environmental Cases

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1. Nature Replevin under Rule 60 Chua v. Court of Appeals, G.R. No. 79021, May 17, 1993

Superlines Transportation Co. Inc. v. Philippine National Construction Co. Inc., G.R. No. 169596, March 28, 2007

2. Kinds of provisional remedies RA 9262

Tua v. Judge Mangrobang, G.R. No. 170701, January 22, 2014

P. Petition for Relief from Judgment Basco v. Court of Appeals, G.R. No. 125290, February 29, 2000 Hilario v. People, 551 SCRA 191 (April 14, 2008) Del Rosario v. Cedillo, 441 SCRA 70

1. Annulment of Judgment Llamas v. Court of Appeals, September 29, 2009 People v. Bitanga, 525 SCRA 623

R. Rule on DNA Evidence Sec. 6 of the Rule on DNA Evidence

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