REVISED RULES ON CRIMINAL PROCEDURES
What is criminal procedure?
What is criminal procedure concerned with?
What are the sources of criminal procedure?
What are the three systems of criminal procedure?
Distinguish between criminal law and criminal procedure.
How are the rules of criminal procedure construed?
Distinguish jurisdiction from venue.
What is criminal jurisdiction?
What are the elements of jurisdiction in criminal cases?
What are the requisites for a valid exercise of criminal jurisdiction?
What is jurisdiction over the subject matter?
What is adherence of jurisdiction?
If during the proceedings, the court finds that it has no jurisdiction, how should it proceed?
What is the jurisdiction of Municipal Trial Courts in criminal cases?
What is the jurisdiction of Regional Trial Courts in criminal cases?
* What is the meaning of the term "regular courts"?
* Which court has jurisdiction over a complex crime?
* What is territorial jurisdiction?
* How is jurisdiction over the person of the accused acquired?
* Can jurisdiction over the person of the accused be waived?
* Is the presence of the accused necessary in order for the court to act on a motion?
RULE one hundred ten PROSECUTION OF OFFENSES
* What is the effect of the institution of the criminal action on the period of prescription of the offense?
* Distinguish "institution" from "commencement" of an action.
* Can the offended party go directly to court to file a criminal action?
* Are there exceptions when the parties may go directly to court?
* When are amicable settlements not allowed?
* What is the form required for the complaint or information?
* Why should a complaint or information be in the name of the People of the Philippines?
* Why should the complaint or information be in writing?
* Who may file a complaint?
* Who is the "offended party"?
* If the offended party dies before he is able to file a complaint, can his heirs file it in his behalf?
* Can you file a criminal complaint against a juridical person?
* May criminal prosecutions be enjoined?
* What are the exceptions to the rule that criminal prosecutions may not be enjoined?
* If the complaint is not sworn to by the offended party, is it void?
* When is a complaint required?
* What is an information?
* What is the difference between a complaint and an information?
* Can a prosecutor be compelled to file a particular complaint or information?
* To whom should you appeal the decision of the prosecutor?
* Is the prosecutor required to be physically present in the trial of a criminal case?
* After the case is filed in court, to whom should a motion to dismiss be addressed?
* Where should a motion for reinvestigation be filed?
* If, after he has filed the case, the prosecutor thinks that a prima facie case exists, can he refuse to prosecute?
* What is the distinction between the control by the prosecution and the control by the court?
After a case is filed in court, the court has control over the following:
* What are the limitations on the control by the Court?
* What are the crimes that must be prosecuted upon complaint of the offended party?
* What is a private crime?
* After a complaint for a private crime has been filed in court, what is the effect of pardon by the offended party?
* What is the meaning of the statement that compliance with the rule is jurisdictional?
* Can the father file a complaint on behalf of his daughter for concubinage?
* If the offended party dies during the pendency of the case, is the criminal liability of the accused extinguished?
* When is a complaint or information deemed sufficient?
* When is the error in the name of the accused not fatal to an information?
* When should the error in the name or identity be raised by the accused?
* X was charged with homicide. Can he be possibly be convicted of murder?
* X was charged with estafa, but the recital of facts actually alleges theft. Can X be convicted of theft?
* X was charged with estafa, and the recital of facts allege estafa. Can X be convicted of theft?
* What are the offenses in which the particular place where the offense was committed is essential?
* What are the offenses in which the time of the commission of the offense is essential?
* In what case is the name of the offended party dispensable?
* In what cases is the name of the offended party indispensable?
* What is the rule on duplicity of offenses?
* What is the effect of the failure of the accused to object to a duplicitous information?
* X was charged with both robbery and estafa in one information. Can he be convicted of both offenses?
* What is the principle of absorption?
* If homicide or murder is committed with the use of an unlicensed firearm, how many offenses are there?
RULE one hundred eleven PROSECUTION OF CIVIL ACTION
RULE one hundred twelve PRELIMINARY INVESTIGATION
Three. Petition for review
Five. If denied, appeal the judgment after trial
* What is the procedure in cases not requiring a preliminary investigation?
RULE one hundred thirteen ARREST
RULE one hundred fifteen Rights of the Accused
* In criminal cases, what are the requirements of procedural due process?
* What is a "reverse trial"?
Right to be present at the trial
When can the accused defend himself in person?
Right to be a Witness on His Own Behalf
Right Against Self-Incrimination
Who may invoke the right against self-incrimination, and when can they invoke the right?
What are the rights of the accused in the matter of testifying or producing evidence?
What are immunity statutes?
What is the effect of the refusal of the accused to refuse to testify in his behalf?
Is DNA testing covered by the right against self-incrimination?
What are the reasons for the right?
Can the right of confrontation be waived?
What happens to the testimony of a witness who dies or becomes unavailable?
Right to Compulsory Process
Right to Speedy, Public, and Impartial Trial
Right to Appeal, When Allowed
RULE one hundred sixteen ARRAIGNMENT AND PLEA
RULE one hundred seventeen MOTION TO QUASH
RULE one hundred eighteen PRE-TRIAL
RULE one hundred nineteen TRIAL
* What happens to the evidence presented in the trial of the other accused if a separate trial is granted?
* What is the remedy of the accused if the demurrer to evidence is denied?
* When can a case be reopened?
RULE one hundred twenty JUDGMENT
* What is the form required for the judgment?
* What are the contents of the judgment?
* Why should the decision be in writing, setting forth the facts and the law on which it is based?
* Is a verbal judgment valid?
* Is an erroneous judgment valid?
* Is a judgment which imposes a penalty that does not exist or one that is impossible valid?
* Does the judge need to designate the particular provision of law violated?
* Can the judge impose a penalty of reclusion perpetua or a fine of ten thousand pesos?
* Can the judge impose a penalty of reclusion perpetua and a fine of ten thousand pesos?
* What is the importance of using the proper terminology in the imposition of imprisonment penalties?
* What is the remedy of the offended party if the judgment fails to award civil liability?
* What constitutes civil liability arising from crime?
* When may attorney's fees be awarded?
* What is the difference between "damage" and "damages"?
* When are exemplary damages awarded?
* What are the mandatory awards in case of rape cases?
* What should the offended party prove if he wants to claim actual damages or loss of earning capacity?
* May damages be increased on appeal?
* What are nominal damages?
* What is the civil liability of one who is guilty of illegal possession of firearms?
* When does an offense charged necessarily include the offense proved?
* When is an offense charged necessarily included in the offense proved?
* What is the rule in case the offense charged is different from the offense proved?
* How is the judgment promulgated?
* Can there be promulgation of judgment in the absence of the accused?
* What happens if only the dispositive portion of the judgment is read to the accused?
* What happens if the accused fails to appear on the date of promulgation of judgment despite notice?
* When may a judgment of conviction be modified or set aside by the court that rendered it?
* When does a judgment become final?
When should an adult offender apply for probation?
Can the defendant still file for probation if he has already perfected an appeal?
Can the defendant still appeal if he has filed for probation?
Is the grant of probation a matter of right upon application by the defendant?
Can there be probation if the penalty is merely a fine?
Can the defendant appeal from an order denying the application for probation?
What is the court mandated to do before placing an accused on probation?
When should the court deny the application for probation?
When does the probation order take effect?
What is the effect of probation on the civil liability of the accused?
What is the duration of the period of probation?
Can the grant of probation be revoked?
Upon the lapse of the period of probation, is the case against the probationer automatically terminated?
What is the effect of the final discharge?
RULE one twenty-one NEW TRIAL OR RECONSIDERATION
Distinguish between new trial and reconsideration.
What are the grounds for a new trial?
What are the grounds for reconsideration?
Are the mistakes of counsel in conducting the case valid grounds for a motion for a new trial?
What are the requisites for granting a new trial on the ground of newly discovered evidence?
What is a recantation? Is it a ground for a new trial?
Distinguish between a recantation and an affidavit or desistance.
When is evidence considered to be material?
What is the form required for a motion for new trial or motion for reconsideration?
What is the effect of the grant of the motion for new trial?
Why is the accused not subjected to double jeopardy when a new trial or reconsideration is granted?
RULE one hundred twenty-two APPEAL
Where should the appeal be filed?
Can the prosecution appeal a judgment of acquittal?
How is an appeal perfected?
Within what period must appeal be perfected?
What is the effect of the perfection of an appeal?
What is the difference between the appeal of a judgment and the appeal of an order?
What is the effect of the appeal by the offended party of the civil aspect of the judgment on the criminal aspect?
Can an appeal that has already been perfected be withdrawn by the appellant?
Is counsel de oficio still required to represent his client on appeal?
RULE one hundred twenty-three PROCEDURE IN THE MUNICIPAL TRIAL COURTS
Two. Prohibited pleadings and motions:
RULE one hundred twenty-six SEARCH AND SEIZURE
Distinguish between a search warrant and a warrant of arrest.
Where should the application for search warrant be filed?
* What may be the subject of a search warrant?
* What are the requisites for issuing a search warrant?
* When is the affidavit or testimony of the witness said to be based on personal knowledge?
* Is it necessary that the person named in the search warrant be the owner of the things to be seized?
* What are the requisites of the personal examination that the judge must conduct before issuing the search warrant?
* What is a "scatter shot warrant"?
* Can the police officer seize anything that is not included in the warrant?
* What should the police officer or court do to things seized illegally?
* When should the search warrant be executed?
* For how long is the search warrant valid?
* Only the person whose right may be violated can give the consent; it is a personal right.