JOSEPH KENNEDY O.

CANTABACO
JD 106- Criminal Procedure
Fiscal Hygeia Macaldo

CLASS NOTES
Week 1 For this class, you are required
8/31/23 to get hold of a book in Criminal.Proc. (There is one available in Rex
Bkstore, the one authored by Riano. U may use it as a reference)

You likewise need to have a copy of the ff codals:

1. Phil Constitution (you need to memorize and master Article III)
2. Revised Penal Code
3. Rules of Court, particularly Rules 110 to 126

Read the first two chapters of the book of Riano and Rule 110 of the Rules
of Court.

(message via messenger)

Week 2:
9/7/23 Grading System:
● Midterms

● Finals

● Recits – 5=absent, 4-wrong answer

● & Quizzes

● Case Digest (100 cases= 50 CD Midterns + 50 CD Finals) (Printed or

Handwritten-not yet decided)
Rules:
● Don’t be late

● No notes/ Books during Recit

● Turn off cellphones ( go out of the classroom when you answer

calls or want to use cellphone)

Challenge:
482 Takers-130 passers= 350 dreamers outside of MSU-GSC College of
Law, wishing to be here in this classroom. Don’t waste your opportunity
just because LAW SCHOOL IS HARD.

Q1: Recite the Article III, Sec 1.

1
Ans. “No person shall be deprived of life, liberty, or property without due
process of law, nor shall any person be denied the equal protection of the
laws.”

Q2: Where does criminal procedure stem from?

Ans. Crim Pro stems from Life, Liberty, or property.

Q3: When does a criminal procedure start?

Ans. It starts when there is a perception of a crime.

Q4: What is a crime?

Possible answer. A crime is an act committed or omitted in violation
against a public law commanding or forbidding it.

Q5: What is the difference between the two-Homicide v Murder?

Homicide Murder
Act of killing a person The act of killing someone with
qualifying circumstances: pre-
meditated, treachery, etc.

Q5: What is prescription?

PS: “Article 1106: By prescription, one acquires ownership and other real
rights through the lapse of time in the manner and under the conditions
laid down by law.

In the same way, rights and ac tions are lost by prescription. (1930a)”

Q6: What is criminal justice for?

PS.
● The delivery of justice to those who have been accused of
committing a crime.
● Criminal justice equates to peace and order.

Q7: Why does an accused go against People of the PH in a judicial trial,

(Mr.Accused v People of PH)?
Ans. It is to bring forth criminal justice. Committing a crime disturbs peace
and order. This is why the case is against the People of the Republic of the
Philippines.

2
Explain this:

Explanation.

Criminal procedure stems from crime. What is crime? (Di niyo alam kasi
wala pa kayong Crim I and II -atty- Jk!) Crime is an act committed or
omitted in violation of a pubic law forbidding or commanding it. There is
perception of a crime when a person is deprived of life, liberty, or
property.
Situation:
Atty:“ Mr. Panogot, can I borrow your tablet. “
MP:“Yes, attorney.- Mr panogot replied.”
Atty:“I’ll return this at the end of the semester”
MO:“ I’ll have nothing to use, atty.-
Atty: “But you said yes, that means I can borrow it till the end of the
semester.”
Atty asks: “Did I commit a crime, class.”
( No, because Mr. Panogot replied YES not considering the terms)?

3
 I. The perception of a crime is the starting point of criminal
procedure. When crime is committed, there are two scenarios
presented- he is arrested or un-arrested. If the person is un-
arrested, a complaint shall be filed on the Office of the
Prosecutor (OCP) to determine if there is probable cause to FILE
INFORMATION. Is there a remedy here? Yes, case can be
dismissed at the OCP level if there is NO probable cause. If
THERE IS probable cause, information can be FILED at the court.
II. After this, accused will be arraigned. What happens in
arraignment is that the nature and cause of the accusation
against the accused will be read. During arraignment, the
accused will plead guilty or not guilty. Is there remedy during
arraignment? Yes, case can dismissed by filing a motion to
quash information.
III. The case will then proceed to trial. This is where the
stipulations of facts, presentation of evidences and witnesses,
or admissions will take place. Is there remedy here? Yes if the
case is demurrer. Demurrer means the evidence presented is
not substantial or insufficient.
IV. After this, judgement will be rendered by the judge which can
either result to acquittal or conviction of the accused. Is there
remedy here? Yes, the accused can file for APPEAL on
appropriate court.

2. How about the next scenario where the person is arrested? Still, it
should start by filing complaint at the OCP then so on and so forth.

Q7. What is quantum of evidence?

Ans. It is the collective evidence presented by the parties, such as
testimonies of witnesses, documentary, or object evidence.

Q8. What is proof beyond reasonable doubt?

Ans. In a criminal case, the prosecution bears the burden of proving that
the accused is guilty beyond all reasonable doubt. This means that the
prosecution must convince the judge there's no other reasonable
conclusion that can come from the evidence presented at trial.

Q9. What are the two essential elements for judgement of a crime?
Ans.:
1. Substance of a crime
2. criminal liability of the person accused

4
Q10. What is jurisdiction?
Ans. The authority or judicial power to hear and determine the
matter/case before it

Q11. What are the 3 requisites of Jurisdiction?

1) Jurisdiction over the subject matter?
2) Jurisdiction over the person of the accused; and
3) Jurisdiction over the Territory

Q12. What does the jurisdiction over the subject matter mean?
Ans. – It is the authority of the court to hear and determine a particular
criminal case. In simpler words, jurisdiction over the offense charged.

Q13. The jurisdiction over the subject matter is based on______.

The impossable penalty based on the information.

Q14. What are the different kind of courts that you know?
MTC- 6 years & below
RTC- 6 years, 1 year, & up
Sandiganbayan-
Court of Appeals-
Supreme Court-

Exception to the rules: Libel- 360 (RTC)

Additional info:

1. The Supreme Court: The Supreme Court handles cases with various
penalties, including cases where the penalty imposed is reclusion
perpetua (imprisonment for 20 to 40 years) or higher.

2. The Court of Appeals: The Court of Appeals deals with cases where
the penalties are determined by lower courts, and its decisions are
final except when appealed to the Supreme Court on questions of
law.

3. The Sandiganbayan: The Sandiganbayan has jurisdiction over cases

involving graft and corrupt practices by public officers. The
penalties for such offenses vary depending on the specific charges
but can include imprisonment for a certain number of years or
other penalties defined by law.

4. The Court of Tax Appeals: The Court of Tax Appeals specializes in

5
 tax-related cases, and the penalties it may impose depend on the
tax laws and regulations violated, which can include fines,
imprisonment, or other penalties.

5. Regional Trial Courts: Regional Trial Courts handle a wide range of

cases, and the penalties they impose depend on the specific nature
of the case. Penalties can range from fines to imprisonment, with
varying durations.

6. Metropolitan Trial Courts (MeTC), Municipal Trial Courts in Cities

(MTCC), Municipal Trial Courts (MTC), and Municipal Circuit Trial
Courts (MCTC): These first-level trial courts handle less complex
cases with penalties that can include fines, imprisonment for
shorter durations, or other appropriate sanctions.

7. Shari'a District & Circuit Courts: The penalties imposed by Shari'a

District and Circuit Courts depend on the violations of Muslim
Personal Laws. These penalties can vary and may include
imprisonment, fines, or other remedies as per Islamic law.

Q15. What LAW prohibits filing a case to the supreme court?

Ans. BP 129
(Add. Info : BP 129 refers to Batas Pambansa Blg. 129, which is a law in the
Philippines that reorganized the lower courts in the country. It was enacted
on August 14, 1981, during the time of President Ferdinand Marcos. BP
129, also known as the Judiciary Reorganization Act of 1980, was a
significant legal reform that aimed to improve the efficiency and
effectiveness of the judicial system in the Philippines.)

Q16. What is jurisdiction over the person of the accused?

Ans.
It is the authority over the person charged.

Q17. When can the court acquire jurisdiction over the person? Is it on the
issuance of warrant of arrest?
Ans.
No, the court acquires jurisdiction over the person of the accused during
its arrest or apprehension, with or without warrant, or its voluntary
submission.

Q18. What is voluntary submission?

Ans. It is when a person presents himself to the court on his own accord to
face the accusation filed against him.
6
Q19. Do all crimes require the issuance of arrest warrant?
No, some crimes like light offenses or infractions do not require arrest
warrant.

Q20. During arraignment, can the court proceed notwithstanding the

absence of the accused?

Ans. No, the accused has the right to be informed of the nature and the
cause of the accusation filed against him. During arraignment, that is when
the reading of the case happens. With this, the court acquires jurisdiction
over the person of the accused. After arraignment, for as long the accused
has been duly notified and his failure to appear in unjustifiable, trial may
proceed even in the absence of the accused.

Q21. Failure to prosecute can result to_____.

Ans. Case dismissal

Q22. Frustrated Homicide is punishable by______.

Ns. Prison mayor (6 years , 12 yrs, 1 day)

Q23. Slight physical injury can result to______.

Ans. Arresto menor( 1 day- 30 days)

Q24. If the case of Frustrated Homicide is handled by the RTC, then the
judge held that the case falls under slight physical injuries based on the
evidence presented by the prosecution, does the court have jurisdiction
over the subject matter given that the latter is punishable by arresto
menor only?

Yes. The decision of the judge to lower the penalty doesn’t affect the
jurisdiction over the subject matter. The impossible penalty filed based on
the information will be considered in determining jurisdiction over the
case. In this instance, the information filed cited frustrated homicide
which falls within the jurisdiction over the subject matter

Q25. Can the case be transferred from one court to another during trial?
PS.

A change of venue may be requested for various reasons, such as concerns

about impartiality, convenience of witnesses, or other compelling factors
that could affect the fairness of the trial. The court where the case is
7
originally filed will consider such requests, and if it deems the request valid
and necessary, it may order the case to be transferred to another court
with proper jurisdiction and venue.

Q26. What is jurisdiction over the territory?

Ans.
The authority of courts to investigate, prosecute, and adjudicate criminal
cases that occur within their geographical boundaries.

Q27. What do we mean by venue is jurisdictional?

Ans.
the proper location or court where a case must be filed is a crucial aspect
of jurisdiction and determines which court has the authority to hear and
decide the case.

Q28. What are the elements of theft?

-Belonging to another person
-taken
-without consent
Intent to gain

Q29, If there is no intent to gain, can it be classified as theft?

No, all elements should be complete for it to be defined as theft.

Q30.During trial, can the case be continued on another court?

Yes, if there is threat to life of the parties involved. The involved parties
may petition the Supreme Court to change venue of hearing.

Q31. If the CP is stolen in gensan, but the accused was caught with
evidence in Sto Nino, can the case be filed in Sto Nino?
Ans.
No, the crime was committed in gensan, therefore, the case shall be filed
in the judicial court in GSC. The court in Sto. Nino cannot issue a warrant
on a crime committed beyond their jurisdiction.

Q32. Bigamy. A man married his first wife in Gensan. He married his 2 nd
wife in Koronadal. Where should the case be filed?
Ans. In Koronadal, all the elements of the crime is present in Koronadal.

Assignment:
Bring a copy of a Sample Information.
8
Week 3

Week 4:

Week 5:

Week 6.