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Criminal Jurisprudence and Procedure
Criminal Jurisprudence and Procedure is further subdivided into:
- Criminal Law 1 - Study of the Revised Penal Code book 1, special criminal statutes, Presidential Decrees, and Letters of Instructions.
- Criminal Law 2 - Study of the Revised Penal Code book 2
- Criminal Procedure - Study of the Rules of Court and Criminal Procedure covering the law on arrest, search and seizure, Preliminary Investigation and the granting of bail to an accused person; Rights of the accused person during the trial and the manner of prosecution of criminal; Procedures in arraignment and trial and discharge of one of several defendants as state witness; Rules governing arrest without warrant and the use of firearms in case of resistance to an arrest; Study of court decisions regarding arrest and search and seizure.
- Criminal Evidence - Study of the fundamental principle of criminal evidence as embodied in the rules of court. Civil Law
- Filed by a private party. a corporation an individual person
- Penalty: a guilty defendant pays the plaintiff for losses caused by their actions. no incarceration Crimes are divided into 2 classes
- Misdemeanors - less than one year of incarceration
- Felonies - sentence of one year or more. During the times of the Romans, a criminal charge meant presenting the case before the public.Both the person accused of the crime and the accuser would give speeches based on their side of the story.The individual with the best argumentation would determine the outcome of the case.
Criminal Law
- Filed by the government
- Penalty: a guilty defendant is punished by incarceration in jail or prison fine paid to the government execution (death penalty)
Criminal law RPC (Book 1)
Criminal Law - a branch of municipal law which defines crimes, treats of their nature and provides for their punishment. Characteristics of Criminal Law
- General 2. Territorial 3. Prospective General - binding on all persons who reside or sojourn in the Philippines. Exceptions:
- Treaty Stipulation
- Laws of Preferential Application
- Principles of Public International Law ex. 1. Sovereigns and other chief of state
- Ambassadors, Minister resident, and charges d' affaires Note: Consuls, Vice Consuls, and other foreign commercial representatives can not claim the privileges and immunities accorded to ambassadors and ministers. Territorial - Penal laws of the Philippines are enforceable only within its territory. Exception: Art. 2 of the RPC - binding even on crimes committed outside the Philippines.
- Offenses committed while on a Philippine ship or airship.
contrary to his volition. This is exemplified in the provisions on impossible crimes and habitual delinquency.
- Mixed Theory - combination of the classical and positivist theories wherein crimes that are economic and social in nature should be dealt in a positive manner. The law is thus more compassionate. Construction of Penal Laws
- Liberally construed in favor of offender. Example: a. The offender must clearly fall within the terms of the law. b. An act is criminal only when made so by the statute.
- In cases of conflict with official translation, original Spanish text is controlling.
- No interpretation by analogy. Limitations on Power of Congress to Enact Penal Laws
- Ex Post Facto Law
- Bill of Attainder
- Law that violates the equal protection clause of the constitution.
- Law which imposes cruel and unusual punishments nor excessive fines.
Criminal law RPC (Book II) Title 1 Crimes Against National Security and the Law of Nations Title 2 Crimes Against the Fundamental laws of the State Title 3 Crimes Against Public Order Title 4 Crimes Against Public Interest Title 5 Crimes Relative to Opium and Other Prohibited Drug Title 6 Crimes Against Public Morals Title 7 Crimes Committed by Public Officers Title 8 Crimes Against Persons Title 9 Crimes Against Personal Liberty and Security
Criminal Jurisdiction The authority to hear and decide a particular offense and impose punishment for it. It has three requisites, namely: Subject matter – cases of the general class where the proceedings in question belong as determined by the nature of the offense and by the penalty imposed by law; Territory – the geographical limits of the territory over which the court presides and where the offense was committed; and Person of the accused – acquired thru: a) arrest [with warrant or warrantless] or b) voluntary surrender. I. Prosecution of Offenses How instituted? By filing the: 1) Complaint, or 2) Information. Complaint A sworn written statement charging a person with an offense Executed and Subscribed by the O.P.A.O. [Offended Party, Any peace officer, or Other public officer charged with the enforcement of the law violated]. May be filed in the prosecutors office or directly to the court Information 1.An accusation in writing
- Subscribed by the Prosecutor 3.Filed with the court Both are:
- In writing
- In the name of the People of the Philippines
- Directed against all persons who appear to be responsible for the offense involved.
Elements of a complaint or information:
- Formal elements, and
- Substantive elements. It must be:
- Sufficient in form, and
- Sufficient in substance Thus, under Section 14, of Rule 110, a complaint or information may be amended, in form and in substance. A complaint or information is sufficient in form if it states: [N.D.A.N.A.P.]
- The Name of the accused
- The Designation of the offense given by the statute
- The Acts or omissions complained of as constituting the offense 4.The Name of the offended party
- The Approximate date of the commission of the offense
- The Place where the offense was committed. A complaint or information is sufficient in substance if it doesn’t contain any of the defects which is a ground for a motion to quash. (Section 3, Rule 117) Note: A motion to quash, once granted, is equivalent to dismissal (but not acquittal). Remedy if a complaint or information is defective: I. If defective in form a) court may dismiss the complaint or information motu propio or upon motion, or b) accused may move for a BILL OF PARTICULARS II. If defective in substance – No obligation is imposed on the judge to point out the duplicitousness or other defect in the indictment on which an accused is being arraigned. It is for the accused to move for a motion to quash on the ground that the complaint or information charges more than one offense, under sanction of waiver and loss of ground of objection (Concurring opinion of CJ Narvasa, People v. Bartulay, 192 SCRA 632)
rule is not jurisdictional. The failure of the plaintiff to comply with the conciliation requirement of Sec. 40 under the Local Government Code of 1991 does not affect the Court’s jurisdiction if no timely objection is made [San Miguel Village School v. Pundogar, 173 SCRA 704, Bejar v. CA, 169 SCRA 566].
- All criminal actions, whether commenced by filing of complaint or information, are under the direct control of the prosecutor. Queries: I. A, B, C, D were charged with homicide. Preliminary investigation was conducted by the fiscal who found sufficient evidence against all, but, according to his determination, D was the least guilty. So the fiscal filed the information only against A, B, and C leaving out D whom he would utilize as state witness. Is the fiscal correct? Under the Rules of Court, the fiscal cannot exclude D without court approval. It would be a grave abuse of discretion on the part of the court in not including D in the information because of the prosecutors finding that there is sufficient evidence against all. There was no more necessity to utilize D as a state witness. Exeption: Under the Witness Protection Act, the prosecutor has the discretion of discharging an accused as a state witness and no court approval is necessary. II. Is designation of the offense an essential element of the complaint or information? Why? Give the exception, if any. No. Because in case of conflict between the designation of the offense and the allegations, the allegation prevails. The exception is when the allegation is so ambiguous that it may be interpreted to mean either one or another offense, then the designation of the offense is controlling (Case of US v. Dixon, where the designation is for trespassing but the allegations indicates either trespassing or a possible attempted rape). II. Prosecution of Civil Action Basis: Art. 100, RPC - Every person criminally liable is also civilly liable
Generally, when a person commits a crime, he offends two entities, namely:
- The State [whose laws he violated]; and
- The individual [whose person, right, honor, chastity, or property was actually or directly injured or damaged by the same acts or omissions]. Exception: When the infraction falls under the class of offenses called victimless crimes like gambling, betting on illegal cock fights, drug addiction, prostitution, etc. etc. under the theory that “the offender himself is his own victim”. Sec. 1, Rule 111 - When a criminal action is instituted, the civil action for the recovery of civil liability is deemed instituted with the criminal action unless the offended party: Waives the civil action; Reserves the right to institute it separately; or Institutes the civil action prior to the criminal action Principle of proferrence of criminal action over civil action: After the criminal action has been commenced, the separate civil action arising therefrom cannot be instituted until final judgment has been entered in the criminal action. If the criminal action is filed after the said civil action has already been instituted, the latter shall be suspended in whatever stage it may be found before judgments on the merits xxx. Reason for the rule: Criminal action is based on an offense committed against the laws of the State while civil action is based on an injury to individual rights. Public interest is superior over private one. Exception to the rule of proferrence of criminal action over civil action When the independent Civil Action is based on Articles 32, 33, 34 and 2176 of the Civil Code. When there is a prejudicial question in the civil case that must be decided first before the criminal action can proceed because the decision in the civil action is vital to the judgment of the criminal case.
Before the filing of complaint or information for an offense where the penalty prescribed by law is imprisonment of at least 4 years, 2 months and 1 day, without regard to fine. When NOT REQUIRED: In cases where the penalty imposed by law is NOT at least 4 years, 2 month, & 1 day In case of a valid warantless arrest [shall proceed in inquest] Officers authorized to conduct PI Provincial or City Prosecutors and their assistants; National and Regional State Prosecutors; and Other officers as may be authorized by law [COMELEC during Election Period, Ombudsman, etc.] Note: Effective 2004, judges of the lower court canno longer conduct Preliminary Investigations. Rules:
- The complaint must be sufficient in form [See notes in Prosecution of Offenses, supra]
- Supported by affidavits of the complainant and his witnesses
- Numbers of copies are proportionate to the number of respondents plus 2 official copies
- Within 10 days after the filing, fiscal determines if there is prima facie case. If no – dismiss. If yes – issue subpoenas.
- Within 10 days after receipt of subpoena with the complaint and supporting affidavits and documents – respondent submits counter affidavits.
- In case respondent cannot be subpoenaed or does not submit counter affidavit within 10 days – investigating officer resolves the complaint on the basis of evidence presented by complainant. Clarificatory hearing – if there are facts and issues to be clarified from a party or witness - within 10 days after submission of counter affidavit. No direct examinations. Questions must be addressed to the fiscal.
Resolution – within 10 days after the investigation. Forwarding of fiscals’ resolution to superiors – within 5 days Superiors shall act on the resolution – within 10 days IV. Arrest Defined:
- [Based on Rules of Court] The taking of a person in custody in order that he may be bound to answer for the commission of an offense (Sec. 1, RRC)
- [Based on Jurisprudence] A restraint on person, depriving one of his own will and liberty, binding him to become obedient to the will of the law (Larrañaga v. CA, 92 SCAD 605) How made: As to the manner of enforcement, by:
- Actual restraint, or
- Submission to the custody of the person making arrest As to the presence or absence of judicial order:
- By virtue of a warrant, or
- Warrantless arrest, in cases allowed by the Rules As to the person arresting:
- Arrest by peace officer, or
- Citizens arrest When warrantless arrests allowed:
- Inflagrante Delicto arrest – when in his presence, the person to be arrested has:
Methods of Arrest: I. With warrant, by officer: The officer shall inform the person of: 1) the cause of the arrest
- fact that warrant exist Exception: 1) When he flees or forcibly resist before 1 & 2 is completed
- When the giving of info will imperil the arrest II. Without warrant, by an officer and by private persons: Inform the person of 1) authority and cause of arrest [if person arresting is police officer] or 2) intent to arrest and cause [if person arresting is private person] Unless when the person to be arrested is either:
- Engaged in the commission of the offense
- Is pursued immediately after its commission
- Has escaped, flees or forcibly resist before the officer or the private person making the arrest has the opportunity to inform him of 1 & 2, or
- When the giving of info would imperil the arrest Tests in determining lawfulness of USE OF LETHAL FORCE by the arresting officer:
- Test of reasonability – conduct of the arresting officer is examined. Where the precipitate action of the arresting officer resulted in the loss of a human life and there exists no circumstances whatsoever justifying the shooting of a person who is asleep, even if he is a notorious criminal – condemnation, and not condonation should be the rule (People v. Oanis, 74 Phil. 257).
- Test of necessity – conduct of the person arrested is examined. Where the arrested person attempts to flee, struck a policeman with his fists, draw a mess knife and attacked another policeman, the arresting officer is not required to afford him a fair opportunity for equal struggle. A police officer, in the performance of his duty, must stand his ground and cannot, like private individual, take refuge in flight. His duty requires him to overcome the offender (US v. Mojica, 42 Phil 784). V. Bail Kinds of bail bonds:
- cash bond
- property bond
- surety bond
- recognizance Defined: The security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions of law. Generally: The right to bail only accrues when a person is under custody. Court must have jurisdiction over the person of the accused either thru: 1) arrest, with or without warrant, or 2) voluntary surrender. Exception: When the person under investigation cannot personally appear because he is hospitalized but applies for bail through his counsel, he is deemed to be under the constructive custody of the law (Dinapol v. Baldado, 225 SCRA 110, Paderanga v. CA, 247 SCRA 741). Where to apply? In the court where the case is pending (if not yet filed, may be filed before any court). Conditions for bail: See Sec. 2, Rule 114
- I extradition proceedings, bail may be granted provided the accused undertake to submit himself to the jurisdiction of the court and provided further that he is not a flight risk (Govt. of Hong Kong v. Judge Olalia, 2007) VI. Rights of the accused Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals, or good customs or prejudicial to a third person with a right recognized by law (Art. 6, NCC). In all criminal prosecutions, the accused shall be entitled to the following rights: Key: [PIPTEC CoSpA] P – resumed innocent I – nformed of the nature of the cause and accusation P – resent in person and by counsel T – estify in his own behalf E – xempt from being compelled to be a witness against himself C – onfront witnesses C – ompulsory process to secure attendance of witnesses and production of other evidence S – peedy, impartial and public trial A – ppeal
- To be presumed innocent until the contrary is proved beyond reasonable doubt. Hierarchy of proof [according to degree of persuasiveness]: Absolute certainty – ultimate truth [not required in any legal proceeding] Moral certainty – passed the test of human experience [i.e., guilt beyond reasonable doubt, conclusive presumptions]
Relative certainty – so called because a higher degree of proof exists [i.e., preponderance of evidence, probable cause, substantial evidence, disputable or prima facie presumptions] Notes: The starting point is the presumption of innocence (See: Section 3, Par. (a), Rule 131, RRC) It is incumbent upon the prosecution to demonstrate culpability. The burden of proof lies in the prosecution. Unless guilt beyond reasonable doubt is established, the accused need not prove his innocence. Burden of proof – the duty of the affirmative to prove what it alleges. (Africa, The Art of Argumentation and Debate). Absolute certainty is not demanded by the law to convict but only moral certainty.
- To be informed of the nature and cause of the accusation against him. Essential to avoid surprise and to afford him the opportunity to prepare his defense accordingly. Arraignment serves this purpose by informing him why the prosecuting arm of the state is mobilized against him. An accused cannot be convicted of an offense unless it is clearly charged in the compliant or information. Basic rule – you cannot prove what you did not allege.
- To be present and defend in person and by counsel at every stage of the proceedings, from arraignment to promulgation of judgment. Express or Implied waiver is renunciation to be present on that particular date only. Escape of the accused is waiver by implication to be present on said date and all subsequent trial dates. [Fact of escape made his failure unjustified because he has, by escaping, placed himself beyond the pale and protection of the law (People v. Salas 143 SCRA 163, cited in Cruz, Constitutional Law, 2003 Ed.)]. Right to counsel is right to effective counsel. It is not enough to simply appoint a counsel de officio. Counsel must have no conflict of interest. Thus, a fiscal cannot be appointed as counsel de officio. When an accused is represented by a fake lawyer who pretended to be a member of the bar, his right to counsel is violated, unless the accused voluntarily chose him knowing him to be a non-lawyer.
- To testify as a witness in his own behalf but subject to cross-examination on matters covered by direct examination. His silence shall not in any manner prejudice him.
- To be exempt from being compelled to be a witness against himself.
