CRIMINAL PROCEDURE ON JURISDICTION A. Supreme Court: 1. No original Jurisdiction over criminal cases 2. Appellate jurisdiction: a) by petition for review b) by notice of appeal B. Court of Appeals 1. No original jurisdiction : 2. Appellate jurisdiction: a) by notice of appeal b) by petition for review C. Sandiganbayan 1. Original and exclusive jurisdiction under the fF. guidelin a, what offense or crime was committed a) R.A. 3019 — Anti Graft and Corrupt Practices Act b) R.A. 1379 - the law on Ill-gotten Wealth c) Chap. II, Title VII, Bk. 2 of RPC — Bribery d) Exec. Orders 1, 2, 14, 14-A —PCGG cases e) Estafa under the Hannah Serana case, $42 SCRA, 1/22/08 f) Falsification under the Garcia vs. Sandiganbayan case, 603 SCRA b. Who committed the offense/crime 2 b-1. Public officers in the executive, legislative and judicial branches of the government with salary grade 27 according to R.A. 6758 ‘The Compensation and Position Classification Act of 1989 Read: Escobal vs. Garchitorena, 422 SCRA b-2. Private individuals committing the offense/crime with public officers, Read: People vs. Henry T. Go, March 25, 2014 Ramiscal vs. Sandiganbayan, 630 SCRA People vs. Benipayo, 586 SCRA c. How was the offense/erime committed Read: Lacson vs. Executive Secretary, 301 SCRA Sanchez vs. Demetviou, 227 SCRA Hannah Serana vs. Sandiganbayan, 542 SCRA 2. Appellate Jurisdiction All cases decided by the R'TC in the exercise of original or appellate jurisdiction over cases of public officers with salary grade less than 27 Charged with offenses/crimes aforementioned D. Regional Trial Courts 1. Original exclusive: all crintinal cases v jurisdiction of any court, The offense rm six years or prision major 2. Appellate jurisdiction: all criminal cases from the NV E, Family Courts (RA 8369) 1. Exclusive original: a. where a party is a minor at ¢h b. violence against women and childs c. child abuse d. drug cases ave not within the exciusive ‘ carry a penalty of more than uF. Metropolitan/Municipal Trial Court All violations of city/municipal ordinances All offenses punishable with imprisonment of not more than 6 years Violations of traffic rules and regulations Violations of the Bouncing Check Law . Damage to property with fine of not more than P10,000.00 G. Courts of Muslim Mindanao (RA 6734 as amended by 9054) 1. Shari’ah Circuit courts 2. Shari’ah District courts 3. Shari'ah Appellate courts ~All personal, family and property relations cases between muslims residing in the autonomous region of muslim mindanao H. What are military courts? Only service-oriented cases... yeep Note: Read the Cybercrime Prevention Act of 2012 (RA 10175) Read Disini Jr. vs. Secretary of Justice, Feb. 18, 2014, 716 SCRA RULE 110 — Prosecution of offenses A. Institution of Criminal Actions (Sec. 1) - how is criminal action instituted - when is it deemed instituted = who is qualified to institute it: a) by complaint, de parte b) by information, de oficio Read: Jimenez vs. Sorongon, 687 SCRA 151 B. Sufficiency of Complaint or Information (Sec. 6) ~ = name of accused - name of offended party ~ name of offense = cause of accusation: qual - place of commission - date of commission Read: People vs. Valdez, 663 SCRA 272 Miguel vs. Sandiganbayan, 675 SCRA 560 People vs. Soria, 685 SCRA 483 ing and aggravating circumstances C. Amendment vs. Substitution (Sec. 14) - distinguish ~ compare with rule 10 D. Place where action is to be instituted (Sec. 15) - venue is jurisdictional in criminal cases Read: Union Bank vs. People, 667 SCRA 113 E. Intervention of the offended party (Sec. 16) = compare with rule 19 12RULE 111 — Prosecution of Civil Action A. Civil liability arising from the offense is deemed instituted (Sec. 1) - Exceptions: waiver, reservation, prior institution (WaRP) _ - on filing fees; counterclaim, cross-claim, 3" party complaint - compare with Secs. 7,8,11 of Rule 6 = peculiar nature of B.P. 22 Read: Solidum vs. People, 718 SCRA 263 Castillo vs. Salvador, July, 2014 B. Suspension of Civil Action (Sec. 2) - when suspended; consolidated - what is the Bar Rule in Amparo and Habeas Data Read: Lim vs. Kou Co Ping, 679 SCRA 114 C. Independent Civil Action (Sec. 3) ~ Articles 32,33,34 and 2176 Read: Casupanan vs. Laroya, 388 SCRA 28 D. Effect of death on the Civil Action (Sec. 4) ~ compare with Secs. 17, 18, an 20 of Rule 3 Read: People vs. Romero, 306 SCRA 90 E, Prejudicial Question (Secs. 6 and7) Read: Magistrado vs. People, 527 SCRA 125 Pimentel vs. Pimentel, 630 SCRA 436 J.M, Dominguez vs. Liclican, 764 SCRA 338 (7/28/15) RULE 112 — Preliminary Investigation A. Definition/Description - when a matter of right = distinguish from Preliminary Examination Read: Fenequito vs. Vergara, Jr., 677 SCRA 113 Burgundy Realty Corporation vs, Reyes, 687 SCRA 524 B. Who may conduct P. I. Read: Abanado vs. Bayona, 677 SCRA 595 Heirs of Nestor Tria vs. Obias, 635 SCRA 91 C. Procedure in Metro Manila vs. Outside Metro Manila Read: Uy vs. Javellana, 680 SCRA 13 D. Inquest, what is - when applied - waiver of Art. 125 of RPC Read: People vs. Valencia, 214 SCRA 89 E. Quantum of Evidence - probable cause vs. prima facie 1. PCGG vs. Navarro-Gutierrez, 773 SCRA 2. De Lima vs. Reyes,779 SCRA 13RULE 113 - Arrest A. Definition - how made; when; time, method - who may arrest B. Warrantless Arrests (Sec. 5) a. in flagrante delicto rule b. hot pursuit rule ¢. “escape” nile d. “absconding” rule (sec. 23, par. 2, rule 114 Procedure: delivery to the nearest police station/precinct Read: Saraum vs. People, 781 SCRA(1/25/16) Comerciante vs. People, 763 SCRA 587 Luz vs. People, 667 SCRA 421 Antiquera vs. People, 712 SCRA, 12/11/2013 People vs. Vasquez, 714 SCRA, 1/15/2014 Read: RA 7438— The Rights of Persons Arrested RULE 114 - Bail A. Definition/Description B. Conditions/Requirements - effective upon approval and shall remain in force at all stages of the proceedings until promulgation of judgment by the RTC - when appearance is required C. When: ~ bail is a matter of right; a matter of discretion; - bail as a constitutional right D. Kinds: a. corporate surety b. property bond c. cash bond 4. recognizance: is an obligation of record entered into before some court or'magistrate duly authorized to take it, with the condition to do some particular act particularly the appearance of the accused for trial E. Amount of bail; guidelines F. Where to file bail - RTC; MTC exercising special jurisdiction G. Forfeiture vs. Cancellation of Bail - forfeiture: failure to appear; jumping bail - cancellation: death; conviction; acquittal; dismissal 4Read: 1. Floresta vs. Ubiadas, 429 SCRA 270 2. Zuno vs. Cabebe, 444 SCRA 382 3. Govt of HK Spec. Adm. Region vs. Olalia, 521 SCRA 4. People vs. Sandiganbayan, 529 SCRA 764 5. Okabe vs. Gutierrez, 426 SCRA 685 6. Leviste vs. CA, 615 SCRA 619 7. Enrile vs. Sandiganbayan, August 18, 2015 RULE 115- Rights of the Accused - Distinguish the constitutional from statutory rights of the accused Presumption of Innocence, Del Castillo vs. People, 664 SCRA Right to be Heard, Miguel vs. Sandiganbayan, 675 SCRA Right to Counsel, People vs. Lara, 678 SCRA;Sanico vs People, 754 Right Against Self-Incrimination, People vs. Ayson, 175 SCRA 216 Right to Speedy, Impartial and Public Trial, Villaruel vs. People 664 SCRA YaAwNN RULE 116 - Armaignment and Plea A. What is arraignment How; When, Where, Why B. Kinds of Plea: (@) conditional (b) unconditional (©) negative/indirect (refusal to plead) (d) inverted (pleads guilty with exculpatory evidence) (©) improvident plea (not knowing fully well) C. Plea of guilty to a capital offense vs. non-capital offense - requirements D. Presentation or Inspection of evidence in prosecution's possession - modes of discovery (Rules 23-29) E. Suspension of arraignment a) when suffering from unsound mental condition b) prejudicial question c) petition for review d) absence of judicial personnel Read: J. People vs. Estomaca — 256 SCRA 421 2. People vs. Pangilinan — 518 SCRA 359 3. Daan vs. Sandiganbayan — 560 SCRA 233 4. People vs. Janjalani -639 SCRA 157 5. ABS-CBN Corp. vs. Gozon, 753 SCRA I 15F. Bill of Particulars Read: Enrile vs. People 766 SCRA 1, (8? 11/15) RULE 117 Motion to Quash A. Motion to Quash vs. Motion to Dismiss; Grounds B. When and How to move to quash C. Effects when motion is granted; denied D. Remedies against denial/grant of motion Read: 1. People vs. Lacson— 400 SCRA 267 2. Panaguiton vs. DOJ~ 571 SCRA 549 3. People vs. Dumlao ~ 580 SCRA 409 4. Soriano vs. People — 591 SCRA 244 5. Cerezo vs. People — 650 SCRA 222 6. Co. vs. New Prosperity Plastic Products, 727 SCRA 503 7. People vs. De Leon, 754 SCRA 147 RULE 118 Pre-Trial A. Pre-trial in civil cases v$. Pre-trial in criminal cases. Distinguish B. Non appearance at the pre-trial; effects C. The Pre-trial Order; when and how done; effect of lack of Order RULE 119 Trial A. The Speedy Trial Act/RA 8493 ~ the time requirement ~ exclusions ~ remedies B. Order of Trial - civil vs. criminal cases . ‘ C. Modes of Discovery in criminal cases D. The “State-Witness” rule; requirements E. Mistake in charging the proper o---—-ffenses; effects F, Demurrer to Evidence G. Reopening vs. New Trial Read: 1. Salvanera vs. People - 523 SCRA 147 2. Vda de Manguerra vs. Risos — 563 SCRA 471 3. Jimenez vs. People, Sept. 17, 2014 4. People vs. De Grano — 588 SCRA 5505. Asistio vs. People, April 20, 2015 6. Cabador vs. People ~ 602 SCRA 760 7. People vs. Tan — 625 SCRA 388 8. Imperial vs. Joson — 635 SCRA 71 9. People vs. Sandiganbayan — 645 SCRA 726 10. Bangayan, Jr. vs. Bangayan — 659 SCRA 11. People vs. Jose Go, August 6, 2014 12. People vs. Pepino, 779 SCRA 170 RULE 120 - JUDGMENT 1. Nature of judgment in criminal cases vs. civil cases 2, Judgment of conviction vs. judgment of acquittal 3. Judgment for two or more offenses; accused 4. Promulgation, modification and entry of judgment Cases: J. Llamas vs. CA ~ 601 SCRA 288 2. People vs. Monteclaros — 589 SCRA 320 3. Hipos Sr. vs. Bay — 581 SCRA 674 4. People vs. Lorenzo ~ 619 SCRA 389 5. People vs. Baron — 621 SCRA 646 6. Abellana vs. People — 655 SCRA 683 7. People vs. Asis — 629 SCRA 250 8. Basilonia vs. Villaruz, 765 SCRA 489 9. Morillo vs. People, 777 SCRA207 Rule 121 — NEW TRIAL OR RECONSIDERATION 1. In civil cases vs. criminal cases 2. Grounds; effect Cases: Estino vs. People — 584 SCRA 304 Briones vs. People’ 588 SCRA 345 Saludaga vs. Sandiganbayan — 619 SCRA 364 Lumanog vs. People — 642 SCRA 248 Payumo vs,Sandiganbayan — 654 SCRA 277 BaAwN> Rules 122-125 - APPEALS 1. Appeals in Civil cases vs. appeals in criminal cases 2. Similarities and differences 7Cases: 4. Macapagal vs. People, 717 SCRA 425, 2/26/14 2. People vs. Morales — 616 SCRA 223 2. Quidet vs. People — 618 SCRA 1 3. Balaba vs, People — 593 SCRA 210 4. People vs. Olivo — 594 SCRA 77 5. Guasch vs. Dela Cruz — 589 SCRA 297 6. People vs. Taruc — 579 SCRA 682 7. Tiu vs. People — 586 SCRA 118 8. Colinares vs. People ~ 662 SCRA 266 (probation law) 9. Villareal vs. People, 743 SCRA 10. Dungo vs. People, 761 SCRA 375 11, Manansala vs. People, 777 SCRA 563 Rule 126 —-SEARCH AND SEIZURE 1. The constitutional provision on searches and seizures 2. Search Warrant vs. Warrant of Arrest 3. When searches and seizures allowed without warrants 4, Motion to Quash Cases: I. Miclat vs. People — 656 SCRA 539 2. People vs. Mariacos - 621 SCRA 327 3. People vs. Tuan — 628 SCRA 226 4. Esquillo vs. People — 629 SCRA 370 5. “The constitutional Validity of Warrantless Search And Seizures of Prohibited Drugs and Eventual Arrest” — 610 SCRA 670 6. Marimla vs. People, 604 SCRA 57 (10/16/2009) 7. People vs. Punzalan, 774 SCRA 653 127 — PROVISIONAL REMEDIES 1. Relate to Rules 57-61 2. What provisional remedies are not applicable in criminal cases