Lecture Notes: Criminal and Civil Procedure

Introduction

• Case Flow: Always start with understanding the flow of action
  • Crucial to know where an action starts and ends
  • Avoid studying rules of court in isolation

Criminal Case Flow

• Starting Point: Commission of a crime
• Preliminary Investigation:
  • Determines probable cause for filing information
  • If probable cause = Filing an information in court
  • Judge determines probable cause for issuing warrant of arrest
  • Warrant of arrest necessary for jurisdiction over accused
• Arraignment:
  • Accused is informed of the nature and cause of accusation
• Stages Following Arraignment:
  • Pre-trial → Trial → Judgment → Appeal → Service of sentence

Alternate Case Flows

• Crimes without Preliminary Investigation:
  • Complaint filed in prosecutor's office but no preliminary investigation
  • Immediate determination of probable cause from the complaint and evidence
• Crimes in Provinces:
  • Direct filing of complaint or information in court

In-Flagrante Delicto Cases

• Arrest without warrant due to the crime committed in the presence
• Inquest Proceedings: Conducted to establish probable cause

Jurisdiction in Criminal Cases

• Three Requisites:
  • Jurisdiction over subject matter (conferred by law)
  • Jurisdiction over the territory (where the crime is committed)
  • Jurisdiction over the person of the accused (acquired via arrest or voluntary submission)
• Subject Matter Jurisdiction:
  • Must consult BP 129 as amended by RA 7691
  • Jurisdiction determined by allegations in the information
• Over the Person Jurisdiction: Custody of law vs. jurisdiction over the person

Ensuring Due Process

• Sufficient Complaint or Information:
  • Must include name of accused, designation of offense, acts or omissions constituting the offense, etc.
• Amendment of Information:
  • Formal vs. Substantial amendments

Venue in Criminal Cases

• General Rule: Place where the crime is committed
• Exceptions: Piracy, crimes in vehicles, etc.

Prosecution and Civil Action

• Implied Institution: Civil actions arising from crimes are impliedly instituted with criminal actions
• Independent Civil Actions: Can proceed separately based on Articles 32, 33, 34, 2176 of the Civil Code
• BP 22 Cases: No reservation of civil action, but civil liability is impliedly instituted

Effect of Accused’s Death

• Before Arraignment: Case dismissed without prejudice to civil action
• After Arraignment: Civil liability arising from crime extinguished, but other civil liabilities may continue

Prejudicial Question

• Criteria:
  • Previously instituted civil action involves an issue related to the criminal case
  • Resolution of civil issue affects criminal case proceeding
• Not applicable if civil case filed after criminal case

Preliminary Investigation

• Purpose: To determine probable cause
• Conduct: Executive function, not constitutional
• Officers Authorized: Provincial, city prosecutors, Ombudsman, etc.
• Appeal: Finding of probable cause can be reviewed by the Secretary of Justice via petition for review

Arrest Procedures

• Without Warrant:
  • In flagrante delicto
  • Hot pursuit
  • Arrest of escapee

Inquest vs Preliminary Investigation

• Inquest: For those arrested in flagrante delicto
• Preliminary Investigation: For crimes requiring formal investigation before court proceedings