Professional Documents
Culture Documents
COLLEGE OF LAW
Tarlac City
SYLLABUS
in
CRIMINAL PROCEDURE
(Rules 110-127 of the Rules of Court As Amended)
by:
S/Y 2018-2019
(First Semester)
PART I
(A Priori to Rule 114)
A Priori
Jurisdiction
Criminal Jurisdiction
Basic Principles in Criminal Jurisdiction
Criminal Jurisdiction of Trial Courts
Special Jurisdiction
Summary Procedure
Sandiganbayan
Court of Tax Appeals
Original Jurisdiction
Appellate Jurisdiction
3
FILING OF INFORMATION
PRESCRIPTIVE PERIOD
COMPLAINT, EXPLAINED
INFORMATION, EXPLAINED
PRIVATE CRIMES
VALIDITY OF INFORMATION
Santos vs. Orda, Jr. (437 SCRA 504, 516, 1 September 2004)
Gandarosa vs. Flores (527 SCRA 776, 17 July 2007)
Summerville General Merchandising & Co., Inc. vs. Eugenio, Jr. (529 SCRA
274, 7 August 2007)
People vs. Arrojado (774 SCRA 193, 9 November 2015)
Treachery
Evident Premeditation
Nocturnity
Mitigating Circumstance
Union Bank of the Philippines vs. People (667 SCRA 113, 28 February 2012)
Treñas vs. People (664 SCRA 355, 25 January 2012)
FORMAL AMENDMENT
Additional Reading/s:
Person Liable
Chua vs. Executive Judge, Metropolitan Trial Court, Manila (706 SCRA 698,
2 October 2013)
Trinidad vs. Office of the Ombudsman (539 SCRA 415, 4 December 2007)
First Producers Holdings Corporation vs. Co (336 SCRA 551, 27 July 2000)
Yu vs. Philippine Commercial International Bank (485 SCRA 56, 17 March
2006)
Security Bank Corporation vs. Victorio (468 SCRA 609, 31 August 2005)
Abacan, Jr. vs. Northwestern University, Inc. (455 SCRA 136, 8 April 2005)
Omictin vs. Court of Appeals (512 SCRA 70, 22 January 2007)
San Miguel Properties, Inc. vs. Perez (705 SCRA 38, 4 September 2013)
Additional Reading/s:
People vs. Lipata, G.R. No. 200302 (20 April 2016), [Sec. 4, Rule 111]
DOCTRINE OF NON-INTERFERENCE
Sec. 3. Procedure
THE COMPLAINT
THE COUNTER-AFFIDAVIT
CLARIFICATORY HEARING
Si vs. Calis41
CONCEPT OF INQUEST
Recovered Articles
REMEDY OF APPEAL
Sec. 8. Cases not requiring a preliminary investigation nor covered by the Rule on
Summary Procedure
Additional Reading/s:
Reyes vs. Ombudsman, G.R. Nos. 212593-94 (15 March 2016), [Sec. 6(b),
Rule 112]
Young vs. People, 783 SCRA 286 (3 February 2016), [Sec. 5(a), Rule 112]
Quisay vs. People, 781 SCRA 98 (13 January 2016), [Sec. 4, Rule 112 in
relation to Sec. 9, R.A. No. 10071 (Prosecution Service Act of 2010)]
De Lima vs. Reyes, 779 SCRA 1 (11 January 2016), [Sec. 4, Rule 112]
ARREST, DEFINED
MANNER OF ARREST
49 287 SCRA 581 (13 March 1998), cited in Claridades, A. T. (2015). Philippine Legal Lexicon. 2015 Ed. (p.76). Quezon City,
Philippines: Central Book Supply, Inc.
50 227 SCRA 627 (9 November 1993).
51 132 SCRA 316 (28 September 1984).
52 264 SCRA 79 (13 November 1996).
53 381 SCRA 31 (12 April 2002).
54 468 U.S. 420 (1984).
55 667 SCRA 421 (29 February 2012).
56 525 U.S. 113 (1998).
57 80 Phil. 859 (12 May 1948).
58 18 SCRA 1168 (22 December 1966).
59 450 SCRA 339 (31 January 2005)
60 309 SCRA 726 (2 July 1999).
61 328 SCRA 417 (17 March 2000); People vs. Fider, 223 SCRA 117 (3 June 1993).
62 A.M No. RTJ-06-1976 and A.M No. RTJ-06-1977 (29 April 2009).
63 750 SCRA 209 (9 February 2015).
14
INQUEST PROCEEDINGS
ARREST ON A FRIDAY
AGENTS OF AUTHORITY
Additional Reading/s:
People vs. Dela Cruz, G.R. No. 205414 (4 April 2016), [Sec. 5(a), Rule 113 in
relation to Sec. 21, R.A. No. 9165]
Saraum vs. People, 781 SCRA 661 (25 January 2016), [Sec. 5(a), Rule 113 in
relation to Sec. 12, Article II, R.A. No. 9165 & Sec. 21 (1) of R.A. No. 9165]
People vs. Lugnasin, 785 SCRA 120 (24 February 2016), [Sec. 5, Rule 113 in
relation to Secs. 2 and 3, R.A. No. 7438]
Palo vs. People, 783 SCRA 557 (10 February 2016), [Sec. 5, Rule 113 in
relation to Sec. 21, Article II, R.A. No. 9165]
PURPOSE OF BAIL
EXCESSIVE BAIL
LIFETIME OF BONDS
BAIL BOND
SURETY, DEFINED
RECOGNIZANCE, DEFINED
RELEASE ON RECOGNIZANCE
WANT OF JURISDICTION
Sec. 26. Bail not a bar to objections on illegal arrest, lack of or irregular preliminary
investigation
APPLICATION FOR BAIL, NOT A WAIVER OF THE RIGHT TO ASSAIL THE WARRANT OF
ARREST
REMEDY OF INJUNCTION
Additional Reading/s:
People vs. Piad, 781 SCRA 678 (25 January 2016), [Sec. 5, Rule 114 in relation
to Secs. 13 & 14, Article II, R.A. No. 9165]
PART II
(Rule 115-Rule 127)
175 538 SCRA 221 (23 November 2007).
176 626 SCRA 575 (3 August 2010).
23
Presumption of regularity
Importance of Arraignment
Speedy Trial
RIGHT TO APPEAL IN ALL CASES ALLOWED AND IN THE MANNER PRESCRIBED BY LAW
Additional Reading/s:
Ibañez vs. People, 782 SCRA 291 (27 January 2016), [Sec. 1(c), Rule 115 in
relation to Secs. 6-7, Rule 116]
ARRAIGNMENT, EXPLAINED
PLEA OF GUILTY
PERIOD OF SUSPENSION
Additional Reading/s:
Fortaleza vs. Gonzalez, 782 SCRA 504 (1 February 2016), [Sec. 11(c), Rule
116]
Ibañez vs. People, 782 SCRA 291 (27 January 2016), [Sec. 6 & 7, Rule 116]
Sec. 3. Grounds
Sec. 6. Order sustaining the motion to quash not a bar to another prosecution; exception
First Requisite
Second Requisite
Third Requisite
FAILURE TO QUASH
Additional Reading/s:
Quisay vs. People, 781 SCRA 98 (13 January 2016), [Sec. 3(d), Rule 117 in
relation to Sec. 4, Rule 112]
Plea Bargaining
Stipulation of Facts
Marking of Evidence
CONDUCT OF PRE-TRIAL
TRIAL, DEFINED
POSTPONEMENTS
Sec. 3. Exclusions
JUSTIFIABLE DELAYS
Sec. 8. Sanctions
Sec. 9. Remedy where accused is not brought to trial within the time limit
Sec. 10. Law on speedy trial not a bar to provision on speedy trial in the Constitution
REBUTTAL EVIDENCE
SURREBUTTAL EVIDENCE
ORAL ARGUMENT
SUBMISSION OF MEMORANDA
Sec. 12. Application for examination of witness for accused before trial
DEPOSITION
SEPARATE TRIAL
JOINT TRIAL
DISQUALIFICATION OF A PROSECUTOR
KINDS OF INHIBITION
Compulsory Inhibition
Voluntary Inhibition
Additional Reading/s:
Reyes vs. Ombudsman, G. R. Nos. 212593-94 (15 March 2016), [Sec. 17, Rule
119]
Office of the Court Administrator vs. Ruiz, 782 SCRA 630 (2 February
2016), [Sec. 17, Rule 119](Dissenting Opinion of Justice Lucas P. Bersamin)
PARTS OF A DECISION
Statement of Facts
EFFICACY OF A DECISION
VERBAL JUDGMENT
PURPOSE
JUDGMENT OF CONVICTION
JUDGMENT OF ACQUITTAL
VARIANCE DOCTRINE
PROMULGATION OF JUDGMENT
Yu vs. Tatad388
Neypes vs. Court of Appeals389
Sanchez vs. Far East Bank and Trust Company390
Landicho vs. Tan391
People vs. Tamani392
People vs. Ursua393
Neplum, Inc. vs. Orbeso394
FINALITY OF JUDGMENT
Non-Filing of an Appeal
Sec. 9. Existing provisions governing suspension of sentence, probation and parole not
affected by this Rule
PROBATION, EXPLAINED
Additional Reading/s:
Senit vs. People, 778 SCRA 425 (11 January 2016), [Secs. 2(a) and 2(b), Rule
121]
APPEAL, EXPLAINED
MODE OF APPEAL
Ordinary Appeal
MODES OF SERVICE
Personal Service
Service by Mail
Substituted Service
PROOF OF SERVICE
COMPLETENESS OF SERVICE
Retroactive Application
DUTY OF STENOGRAPHER
Ongkiko, Kalaw, Dizon, Panga & Velasco Law Offices, et al. vs. Sangil-
Makasiar476
STENOGRAPHIC FEES
EFFECT OF FAVORABLE JUDGMENT TO CO-ACCUSED WHO DID NOT JOIN THE APPEAL
STAY OF EXECUTION
Additional Reading/s:
People vs. Dimaano, 783 SCRA 449 (10 February 2016), [Sec. 3(c), Rule 122]
FORMAT OF BRIEF
Subject Index
Assignment of Errors
Statement of Issues
Arguments
Statement of Reliefs
ABANDONMENT OF APPELLANT
505 People vs. Marong, 119 SCRA 430 (27 December 1982).
506 630 SCRA 659 (20 September 2010).
507 525 SCRA 623 (26 June 2007); Apex Mining, Inc. vs. Court of Appeals, 319 SCRA 456 (29 November 1999); Salonga vs. Court
of Appeals, 269 SCRA 534 (13 March 1997); Legarda vs. Court of Appeals, 195 SCRA 418 (18 March 1991).
508 588 SCRA 458 (5 June 2009).
509 423 SCRA 175 (17 February 2004).
510 322 SCRA 518 (19 January 2000).
511 541 SCRA 280 (19 December 2007).
512 518 SCRA 767 (22 March 2007).
513 487 SCRA 146 (12 April 2006).
514 73 Phil. 366 (31 October 1941).
515 260 SCRA 539 (20 August 1996).
516 579 SCRA 682 (18 February 2009).
517 69 SCRA 427 (27 February 1976).
518 128 SCRA 31 (5 March 1984); see also People vs. Vallente, 144 SCRA 495 (30 September 1986).
519 350 SCRA 504 (29 January 2001).
520 134 SCRA 317 (31 January 1985).
521 69 Phil. 623 (24 February 1940).
522 69 Phil. 646 (27 February 1940).
52
RATIONALE
RECEPTION OF EVIDENCE
PROMULGATION OF JUDGMENT
Additional Reading/s:
Dela Cruz vs. People, 779 SCRA 34 (11 January 2016), [Sec. 13, Rule 124]
Te vs. Breva553
Customs Searches
UNANNOUNCED INTRUSION
“BREAKING”, EXPLAINED
Sec. 12. Delivery of property and inventory thereof to court; return and proceedings
thereon
Sec. 14. Motion to quash a search warrant or to suppress evidence; where to file
Solid Triangle Sales Coronation vs. The Sheriff of RTC QC, Br. 93 621
Vlasons Enterprises Corporation vs. Court of Appeals622
Securities and Exchange Commission vs. Mendoza623
United Laboratories, Inc. vs. Isip624
Additional Reading/s:
Petron LPG Dealers Association vs. Ang, 783 SCRA 162 (3 February 2016),
[Sec. 4, Rule 126]
GENERAL RULE
EXCEPTION
Sec. 2. Attachment
ATTACHMENT, EXPLAINED
QUASHAL OF ATTACHMENT
DISCHARGE OF ATTACHMENT
SURETYSHIP, EXPLAINED