CRIMINAL PROCEDURE

Below is a comprehensive, high-level discussion of Philippine Criminal Procedure under the Revised Rules of Criminal Procedure (as amended), along with pertinent notes on legal ethics and references to standard legal forms. This is not legal advice; rather, it is an overview intended for academic and informational purposes.

I. CONSTITUTIONAL FOUNDATIONS

  1. Due Process Clause (Article III, Section 1, 1987 Constitution)

    • No person shall be deprived of life, liberty, or property without due process of law.
    • Ensures fairness in criminal proceedings.

  2. Right to Be Presumed Innocent (Article III, Section 14(2))

    • An accused is presumed innocent until proven guilty beyond reasonable doubt.

  3. Right to Counsel (Article III, Section 14(2))

    • An accused has the right to be heard by himself and counsel at every stage of the proceedings.

  4. Right to Speedy, Impartial, and Public Trial (Article III, Section 14(2))

    • Courts and prosecutors must avoid unreasonable delay.

  5. Right Against Self-Incrimination (Article III, Section 17)

    • An accused cannot be compelled to testify against oneself.

  6. Right Against Double Jeopardy (Article III, Section 21)

    • No person shall be put twice in jeopardy of punishment for the same offense.

II. JURISDICTION IN CRIMINAL CASES

  1. Exclusive Jurisdiction of the Regional Trial Courts (RTC)

    • Typically, offenses punishable by imprisonment exceeding six years (unless otherwise provided by law).
    • Special laws may also confer jurisdiction on RTCs (e.g., Dangerous Drugs Act, Cybercrime Prevention Act, etc.).

  2. Exclusive Original Jurisdiction of the Metropolitan or Municipal Trial Courts (MeTC/MTC/MCTC)

    • Offenses punishable with imprisonment not exceeding six years, irrespective of the amount of the fine.
    • Violations of city or municipal ordinances (unless the law specifically provides otherwise).

  3. Jurisdiction of the Sandiganbayan

    • Offenses involving public officials of certain salary grades or those that involve graft and corruption, where the imposable penalty is above certain thresholds defined by law.

  4. Jurisdiction of Family Courts

    • Criminal cases where one or both parties are minors, or cases involving offenses under RA 7610 (Special Protection of Children Against Abuse, Exploitation, and Discrimination Act), if specifically conferred by law.

  5. Juvenile Justice and Welfare Act (RA 9344, as amended by RA 10630)

    • Special rules governing cases of children in conflict with the law (CICL).
    • Jurisdiction typically resides in Family Courts, with diversion programs and special considerations.

III. PROSECUTION OF OFFENSES

  1. Two Ways of Prosecution

    • By Information filed by the public prosecutor or by the Ombudsman (in certain cases).
    • By Complaint filed directly in court (for private crimes such as adultery, concubinage) or for offenses cognizable by lower courts where no preliminary investigation is required.

  2. Control of Prosecution

    • In the Philippines, public prosecutors have control over the criminal prosecution. Private prosecutors may assist, but representation is under the direction and control of the public prosecutor.

  3. Institution of Criminal Actions and Civil Actions

    • A criminal action includes the civil action for the recovery of civil liability arising from the offense.
    • The offended party may waive the civil aspect, reserve it for separate civil action, or institute it jointly.

IV. PRELIMINARY INVESTIGATION

  1. Nature and Purpose

    • Preliminary investigation is an inquiry 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.
    • It is conducted by a prosecutor or by certain authorized public officers (e.g., provincial/city prosecutors, judges in limited circumstances under older rules, though largely phased out).

  2. Stages

    • Filing of the Complaint and Affidavits: The complainant submits a complaint, supporting affidavits, and documentary evidence.
    • Counter-Affidavits: Respondent is required to submit counter-affidavits and other supporting documents.
    • Clarificatory Hearing (if necessary): The investigating prosecutor may hold a hearing to clarify facts.
    • Resolution: The prosecutor either dismisses the complaint or finds probable cause to file an Information in court.

  3. Remedies

    • Motion for Reconsideration of the prosecutor’s resolution.
    • Petition for Review to the Secretary of Justice.
    • Petition for Certiorari under Rule 65 of the Rules of Court if there is grave abuse of discretion.

V. ARREST

  1. General Rule: An arrest is made by virtue of a valid warrant of arrest issued by a competent court.

  2. Warrantless Arrests (Rule 113, Section 5):

    • In Flagrante Delicto: When the person to be arrested is caught in the act of committing, attempting to commit, or having just committed an offense.
    • Hot Pursuit: When an offense has just been committed, and the arresting officer has probable cause to believe based on personal knowledge of facts that the person to be arrested has committed it.
    • Escapee: When the person to be arrested is a prisoner who has escaped from confinement or while being transported.

  3. Rights of the Person Arrested:

    • Right to be informed of the cause of the arrest.
    • Right to remain silent.
    • Right to counsel during custodial investigation.

VI. SEARCH AND SEIZURE

  1. Search Warrant:

    • Issued only upon probable cause in connection with a specific offense.
    • Must particularly describe the place to be searched and the items to be seized.

  2. Warrantless Searches and Seizures:

    • Search Incident to Lawful Arrest
    • Consented Search
    • Customs Searches
    • Stop and Frisk based on genuine reason to believe a person is armed and dangerous
    • Exigent Circumstances (e.g., moving vehicles, checkpoint searches under certain conditions)

  3. Exclusionary Rule:

    • Evidence obtained in violation of one’s constitutional rights is generally inadmissible (the “fruit of the poisonous tree” doctrine).

VII. BAIL

  1. Concept

    • The security given for the release of a person in custody, ensuring his appearance before any court as required.

  2. Right to Bail

    • Generally available to all persons except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong.
    • For offenses not punishable by reclusion perpetua or life imprisonment, bail is a matter of right before conviction.

  3. Petition for Bail

    • Filed in court; if the offense charged is punishable by reclusion perpetua or life imprisonment, the court conducts bail hearings to determine if the evidence of guilt is strong.

  4. Forms of Bail

    • Cash Bail
    • Corporate Surety
    • Property Bond
    • Recognizance (allowed in certain circumstances, usually for indigent accused).

VIII. ARRAIGNMENT AND PLEA

  1. Arraignment

    • The reading of the Information or Complaint in open court to the accused in a language or dialect he understands.
    • The accused is asked to plead (guilty, not guilty, or, in some cases, conditional plea with court approval if recognized by jurisprudence).

  2. Rights During Arraignment

    • Assistance of counsel.
    • Adequate time to study the charge.

  3. Plea of Guilty to a Lesser Offense

    • Allowed only if the lesser offense is necessarily included in the offense charged and with the consent of the prosecutor.

  4. Plea Bargaining

    • Negotiation between the defense and prosecution, subject to court approval. Common in drug cases under certain guidelines from the Supreme Court and the Department of Justice.

IX. PRE-TRIAL

  1. Nature of Pre-trial

    • A mandatory conference to consider plea bargaining, stipulation of facts, marking of evidence, and other matters to expedite the trial.

  2. Pre-trial Order

    • The court issues a pre-trial order reciting the actions taken, facts stipulated, evidence marked, and any admissions made.

  3. Sanctions for Non-appearance

    • If the prosecution or defense counsel fails to appear, the court may impose sanctions such as dismissal (for the prosecution’s fault) or ex parte presentation of evidence (if defense counsel is absent).

X. TRIAL

  1. Order of Trial

    • Prosecution presents evidence to prove guilt beyond reasonable doubt.
    • Defense presents evidence to rebut prosecution’s case and/or prove any affirmative defenses (e.g., self-defense).
    • Rebuttal or sur-rebuttal evidence, if necessary.
    • Formal offer of evidence by both sides.

  2. Rules on Evidence

    • Governed by the Revised Rules on Evidence; hearsay is inadmissible unless it falls under exceptions, best evidence rule applies, etc.

  3. Demurrer to Evidence

    • After the prosecution rests, the defense may move for dismissal on the ground of insufficiency of evidence.
    • If granted, results in acquittal (cannot be appealed by the prosecution without placing accused in double jeopardy).
    • If denied, the defense presents evidence.

  4. Speedy Trial

    • The Speedy Trial Act (RA 8493) and Supreme Court circulars impose time limits on each stage of the criminal process.

XI. JUDGMENT

  1. Form of Judgment

    • Must be in writing, personally prepared by the judge, stating the findings of fact and conclusions of law.

  2. Promulgation

    • Judgment is promulgated by reading it in the presence of the accused (unless waived).
    • If the accused is absent without justifiable cause, the judgment is recorded but the accused may lose remedies (e.g., the right to appeal in some instances).

  3. Acquittal or Conviction

    • Acquittal: Accused is immediately released unless detained for another cause.
    • Conviction: The penalty and the civil liability, if any, are determined.

XII. POST-JUDGMENT REMEDIES

  1. Motion for New Trial or Reconsideration (Rule 121)

    • Based on newly discovered evidence, errors of law or fact, or irregularities in the proceedings.
    • Must be filed before the judgment becomes final.

  2. Appeal (Rule 122)

    • The accused may appeal from a judgment of conviction to the appropriate appellate court (RTC to Court of Appeals or Sandiganbayan, CA/SB to Supreme Court under certain conditions).
    • The People (prosecution) may not appeal an acquittal due to double jeopardy, except on purely legal questions raised via certiorari if there is grave abuse of discretion.

  3. Probation (PD 968, as amended)

    • Available if the accused is convicted of an offense punishable by imprisonment of not more than six years and has not been previously convicted by final judgment of an offense punishable by imprisonment of over six months.
    • Must be applied for within the period for perfecting an appeal.

XIII. EXECUTION OF JUDGMENT

  1. Finality of Judgment
    • When no appeal is filed within the reglementary period or when the highest court renders a final decision.
  2. Issuance of Commitment Order
    • For convicted persons to serve their sentence in the appropriate penal institution.

XIV. LEGAL ETHICS IN CRIMINAL PROCEDURE

  1. Duties of Defense Counsel

    • Competence and Diligence: A lawyer must serve the client with competence and diligence, ensuring that every possible defense is raised.
    • Confidentiality: A lawyer must maintain client confidences even after the lawyer-client relationship ends.
    • Conflict of Interest: Must refuse representation or withdraw if the client’s interests conflict with another client or the lawyer’s own interests.

  2. Duties of Prosecutors

    • Impartiality and Fairness: The primary duty is to seek justice, not merely to convict.
    • Disclosure Obligations: Must disclose exculpatory evidence to the defense.
    • Avoiding Wrongful Convictions: Refrain from prosecuting if evidence is insufficient or if the accused’s constitutional rights were violated.

  3. Candor Toward the Courts

    • Both defense counsel and prosecutors must not mislead the court through false statements or evidence.

  4. Observance of the Code of Professional Responsibility

    • The lawyer’s oath and the canons of the Code of Professional Responsibility govern conduct in criminal proceedings (e.g., Canon 1: Uphold the Constitution, obey the laws; Canon 10: A lawyer owes candor, fairness, and good faith to the court).

XV. LEGAL FORMS IN CRIMINAL PROCEDURE

While each law office or court may have its own format, the following are standard forms and pleadings commonly used:

  1. Criminal Complaint

    • Filed with the prosecutor’s office or court, accompanied by the complainant’s affidavit and supporting evidence.

  2. Affidavit of Complaint / Affidavit of Witness

    • Used in preliminary investigation to set forth facts and circumstances of the alleged offense.

  3. Counter-Affidavit

    • Respondent’s answer in preliminary investigation, with attached evidence.

  4. Information

    • Filed by the prosecutor in court if probable cause is found. It must state the name of the accused, designation of the offense, and acts or omissions constituting the offense.

  5. Motion to Quash

    • Challenges the validity of the Information on grounds such as lack of jurisdiction, defective form, or prescription of the offense.

  6. Petition for Bail / Bail Bond

    • Application for the temporary release of an accused on bail, stating the amount offered or surety proposed.

  7. Pre-trial Brief

    • Contains proposed stipulations, witness lists, and documentary evidence for pre-trial.

  8. Formal Offer of Evidence

    • Lists the pieces of evidence being offered and the purpose for which each piece is offered.

  9. Motion for Reconsideration/New Trial

    • Filed post-judgment, citing newly discovered evidence or errors of law or fact.

  10. Notice of Appeal

    • Filed by the accused if convicted, within the time allowed by the Rules.

  11. Manifestation and Motion (various forms)

    • Used for different procedural requests during trial (e.g., requesting resetting, informing the court of new counsel, etc.).

XVI. PRACTICAL TIPS & BEST PRACTICES

  1. Observe Deadlines

    • Criminal procedure is replete with mandatory deadlines (e.g., for filing counter-affidavits, motions, appeals). Missing them can be fatal to a case.

  2. Maintain Proper Documentation

    • Ensure all pleadings and evidence are properly labeled, indexed, and secured.
    • Keep a separate file for each criminal case.

  3. Effective Communication

    • With clients (the accused or complainant), ensuring that they understand the stages, possible outcomes, and legal strategies.
    • With the court and opposing counsel, ensuring professionalism and compliance with ethical standards.

  4. Prepare Thoroughly for Arraignment and Pre-trial

    • Pre-trial can streamline the trial process significantly. Failure to identify and mark evidence or to propose stipulations can cause delays and disadvantage one’s case.

  5. Seek Plea Bargaining Opportunities

    • Especially under drug laws or other statutes where Supreme Court guidelines may allow beneficial plea bargains. This can save judicial resources and secure more predictable outcomes for the accused.

  6. Regularly Update Knowledge

    • Keep abreast of Supreme Court circulars, administrative matters, and new legislations (e.g., the latest jurisprudence on warrantless searches, technology-related crimes, etc.).

XVII. CONCLUSION

Philippine Criminal Procedure is anchored on constitutional guarantees of due process, the presumption of innocence, and the right to a speedy and impartial trial. At each stage—from the filing of a complaint, preliminary investigation, arraignment, trial, and even post-judgment remedies—the Rules of Court, statutes, and constitutional mandates interplay to ensure justice and fairness.

Legal ethics permeate every step of criminal litigation: prosecutors must prosecute only upon probable cause and must uphold fairness; defense counsel must advocate zealously but within the bounds of honesty and candor; judges must remain impartial arbiters of fact and law. Meanwhile, legal forms provide the procedural framework to present and defend one’s case properly.

Staying well-informed of the latest rules, jurisprudential developments, and ethical canons is vital to effective and ethical practice in criminal law. While the above is a broad outline, the actual practice demands meticulous application tailored to individual cases. Always consult the updated Rules of Court, Supreme Court circulars, and relevant laws for precise compliance with procedural requirements.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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