CRIMINAL PROCEDURE TRANSCRIPTIONS AND RIANO NOTES
Midterm Exam Coverage
Riano:
Criminal procedure is a generic term to describe the
network of laws and rules which governs the procedural
administration of justice. The procedure starts with the
initial contact of the alleged lawbreaker with the justice
machinery including the investigation of the crime and
concludes either with a judgment exonerating the accused
or the final imposition of a penalty against him.
June 17, 2013
Right to be informed cannot be waived
Not all criminal actions are subject to preliminary
investigation
Less than 4 years, 2 mos & 1 day not subject to
preliminary investigation
Inquest applies on warrantless arrests.
Failure to deliver, failure to formally charge the person
arrested can make the law enforcer criminally liable RPC
When there is probable cause the warrantless arrest is
justified file the information.
Not a warrantless arrest? File a complaint then proceed to
preliminary investigation.
Referral to the barangay applies only to the civil aspect of
the case pursuant to RA 7610 the same also is limited
only to certain crimes.
Riano:
RA 7610 establishes the rule that the referral of a case to
the Lupon for conciliation or settlement is required
before a complaint, petition or action is filed in court. The
invocation of judicial authority shall be allowed only if a
certification is issued by the proper barangay official that
judicial intervention may now be availed because the
desired conciliation or settlement was not reached.
The cases beyond the ambit of the barangay conciliation
process is at least four years, two months and one day,
the rules on criminal procedure begin to grind when a
complaint in affidavit form is filed before an authorized
officer for the purpose of conducting preliminary
investigation.
Less than 4 years, 2 mos & 1 day direct filing or
determination of the probable case at the Prosecutors
Office, preliminary investigation is not required.
Crimes (delicts) are one of the sources of obligations.
Civil actions (look at Riano); Provisional remedies apply
only when the civil liability is deemed instituted in the
criminal action.
Riano:
For example: the offended party may have the property
of the accused attached as security of for the satisfaction
of any judgment that may be recovered from the accused
when circumstances arise justifying the attachment as
when the criminal action is based on a claim for money
or property embezzled by the accused.
Independent civil actions do not apply to provisional
remedies because their source is not delict but torts (quasi-
delict).
SUPPLEMENTAL READING ONLY. PLEASE READ THE JUSTICE INGLES NOTES AND THE RIANO BOOK. :)
Article 33 of the NCC:
In cases of defamation, fraud, and physical injuries
a civil action for damages, entirely separate and distinct from
the criminal action, may be brought by the injured party.
Such civil action shall proceed independently of the criminal
prosecution, and shall require only a preponderance of
evidence.
example: Defamation
Civil liability arising from crime, the source is RPC
Civil liability arising from Art. 33 of the NCC
Arrest To bind the accused; on warrantless arrests, no
need to issue warrant.
Arraignment and Plea is a part of procedural due process
in which the accused is informed about the nature of his
accusation.
Proceedings after issuance/implementation of warrant of
arrest.
The purpose of pre-trial is to shorten the trial proper.
Trial proper parties to present their evidence in order to
prove what they are testifying.
Judgment statement of established facts of the case and
application of the law to the facts.
Before the execution, there are still intervening remedies
such as Motion of Reconsideration, Reopening, Probation
and Appeal.
Issue formulation stage on civil actions no arraignment,
no preparatory stage.
There are activities that happened before the filing of the
complaint called preparatory stage as governed by the
Rules on Criminal Procedure. Rules of Criminal procedure
apply even before the case is filed.
Importance of knowing whether there is an arrest or not
to know the applicability of rights and admissibility of the
evidence.
Handcuffing the accused is not a requirement in making an
arrest but to protect the law enforcer.
June 18, 2013
Arrest of an escapee, no period on warrants
There must be an overt act done by the accused in order to
establish the probable cause.
Naay nisinggit ug Gidunggab! Can you make a warrantless
arrest? NO! You must have the personal knowledge of the
crime.
What is the meaning of in his presence?
Overt act is an indicative of a crime being committed in
your presence.
Warrant not served? Live warrant,
Personal knowledge MUST PRECEDE the warrantless
arrest.
(June 24, 2013)
In flagrante delicto
In inflagrante delicto arrest it is required that personal
knowledge of the overt act indicating that the crime was
committed, must precede the arrest.
 In the example given police officer saw the outline of a towards a car? Of course not. Kadakong dimalas. Dakpon raka kay
handle of a pistol while man was crossing the street, he immediately padung ka saimong sakyanan.
arrested the man and later found out that the pistol was unlicensed.
The said warrantless arrest inflagrante can be considered invalid In Aminudin the court further ruled that the warrantless arrest
because mere possession actually is not illegal. By simply seeing that cannot even be justified by the factor of urgency because there was
no urgency precisely because they knew two days before that this
there is a pistol being carried does not mean that it was illegal. It was
only he was arrested that the police came to know that there was no aminudin would be on board the vessel and then In possession of
license at all. drugs. Because this was the information. SC said they had time to
apply for a warrant. The information given was sufficient for them to
There must be probable cause. apply for a search warrant. But they did not. In Saycon pareha
gihaponog facts, nagkanaog sa barko, gitudlo then gidakop, SC said
In order to constitute probable cause there must be an overt valid warrantless arrest! SO why is it in Aminudin not valid but in
executed which indicates that the crime was committed, is being Saycon valid? Difference was the presence of urgency. It was only
committed and is about to be committed in the presence of arresting that very morning that the details were given, that they were able to
officer. know the details. Kanus-a muabot, unsay nawong, kinsa? Thats why
SC said they had no more time. In both cases, SC is in effect saying
Ex.Buy bust operation-an act is being committed in the that a warrantless arrest, while mere suspicion cannot be a
presence of arresting officer. justification, but if the information given is sufficient to constitute
probable cause to satisfy the issuance of a search warrant and there
*Continuing offenses like rebellion-even if the person is not actually
is no more time to apply for such warrant then stopping that person
engaged in the act of carrying or taking up arms in order to go
is justified. Thats Aminudin compared to Saycon.
against the government, he can be arrested because rebellion is a
continuing offense. So bisag nangihi raka diha, pwede ka ma-aresto. People vsMengotewhat happened? Police officers received a call
Not even because you are answering call of nature or it is against the informing that there were three suspicious lookingpersons standing
wall, coz your crime is a continuing offense. in a corner in Tondo Manila at around 11 oclock in the morning. A
team was sent and they in fact saw the three men. They saw Mengote
Mere suspicion is not enough to satisfy probable cause.
looking from side to side holding his abdomen. Two of the men tried
to escape but were arrested. Because of what Mengote was doing,
People vs Aminudin
they stopped him and frisked him. Kit-an sa waistline niMengote, a
Aminudin was just going down the gangplank of a vessel. An firearm. When the police officers deprived mengote of his liberty in a
informer pointed to him and he was arrested. SC said it was invalid significant way, was the arrest valid? SC said no. What was the overt
warrantless arrest. Why? There was no overt act executed by him act? Looking from side to side holding his abdomen, SC said
indicating a crime. He was just going down the gangplank. You basiggisakitanogtiyan. In other words, it must not be just any overt
cannot also justify it using urgency. Because there was no urgency. act. It must be an overt act indicative that a crime was committed, is
Remember why is there warrantless arrest, because of urgency. No being committed or is about to be committed.
time to secure a warrant. Inthis case, they knew two days before that
In People vs Burgos, Masamlok was an NPA, he surrendered to the
identity of aminudin, that he was carrying illegal drugs, that the
vessel was arriving at this particular day and particular time. SC said Pc and informed the law enforcement officer that he was just forced
you had enough time to secure a warrant and yet you did not. So to join the NPA by Burgos. So they went to the place of Burgos. When
they arrived, Burgos was plowing his field. Nagdaro. They arrested
there was no urgency.
burgos. Was that a valid arrest? Sc said no. What was the basis of the
*This is the same ruling in People vs Chua. Reliable information is arrest? Only the information given by masamlok. There was no overt
not sufficient to justifyinflagrante delicto arrest act committed in their presence that would indicate that Masamlok
committed a crime. You might ask, di ba rebeldexa. Well, that was
Laguio, two men were arrested in a buy bust operation. Klarona, only an information given by Masamlok. Arrest not valid.
thats inflagrante delicto. After arrest, they gave the information that
their employer will be delivering shabu. This employer will be found Always remember overt act and that it must indicate the crime was
in a certain apartment in Malate Manila. So what did the police do? committed, is actually being committed or is about to be committed.
They decided to look for this employer so that this employer will be And that overt act must be executed in the presence of the officer.
asked about the drug activities of the two suspected who claim to be And the meaning of in the presence of an officer is personal
under his employ. They went to the apartment, conducted a knowledge. Sees even at a distance, or hears and goes to the place
surveillance. Then they saw the subject coming out of the apartment where the sound came from in order to personally perceive the
walking towards a parked car. While walking towards the car, they commission of a crime.
stopped him and took him under custody. Later on they opened the
car and found there illegal things. Question is, was the arrest valid? HOT PURSUIT
SC said no. Why not? What was the overt act executed in the
3 elements (if you look at the rule itself, 2 elements only: crime has
presence of the arresting officers before he was arrested? He was
just been committed and there is probable cause based on personal
just walking towards his car. Is that indicative of a crime? Walking
knowledge of facts that the person to be arrested committed the
crime. But actually there is a third element. In fact the 3 rd element is

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the first element. That it is a fact that a crime was committed. must be as we have said, a fact. It cannot be based merely on
DIlilangnganituukangadihaykrimennganahitabokunditinuodgyudnga reasonable ground to believe. It must be a fact. Probable cause is
dunaykrimennganahitabo.) material in identifying the person to be arrested. What does the rule
say? Probable cause based on personal knowledge of facts to believe
Here, it is not required that the arresting officer saw or perceived the that the person to be arrested committed it. When it says based
commission of the crime. Nganu man?Gibutang man dihanga the Personal knowledge of facts parehobanisa in his presence nga
offense has just been committed. Saato pa, in most cases, requirement sa in flagrante? No. Otherwise there would be no
nahumanna, wanadihaang suspect, pwede pa bakamaka-arrest difference between in flagrante and hot pursuit. Even if officer did
bisagwalakamakakita? Has just been committed and probable cause. not actually witness the commission of the crime, there can still be a
valid warrantless arrest, as long as he had reasonable ground to
People vs Burgos believe based on facts. What can be these facts? According to the
cases, to illustrate one important thing, they must investigate. Go to
Apparently prosecution tried to justify the arrest of Burgos as hot
the scene of the crime. By going to the scene of the crime, they would
pursuit, di man mahimongain flagrante. Court asked, was it a fact
be able to verify and confirm that in fact a crime was committed.
that Burgos was committing a crime? Unsa may bases? Wala. Katu ra
Secondly, it must be coupled with, an identification by an eye witness
gisulti ni Masamlok nga gipugos xa ni Burgos namu sulod sa NPA. It
or the victim himself that the person to be arrested committed it.
was not enough to establish that Burgos did it or that Burgos was a
rebel. SC said not Hot pursuit. You have the case of AbelitavsDoria. The police did not have
personal knowledge. They just received a telephone call that there
2ndelement, just been committed. There is a sense of immediacy.
was a shooting incident. A team as dispatched to investigate. When
Arrest must immediately follow the commission of the offense. Not
the team arrived, they saw the victim wounded, confirming that in
the time offense was discovered or was known, but the time when
fact a crime was committed and witnesses identified the suspect.
the offense was committed. When we talk about time, it can be
That he had just left the scene of the crime. So they tracked down the
minutes, hours. Problem is if it will reach how many days. Will that
suspect and was able to arrest him. There was no question of the 2 nd
comply with the element just been committed.
element, immediacy. It was given. The question is did they have
One case- 12 hours, still immediate (lapse between commission and probable cause? SC said yes. Because probable cause here does not
arrest) necessarily mean actual belief but reasonable ground to believe
based on facts and circumstances.
19 hours-not anymore, samot na one day or two days, or four days,
or six days. not immediate Similar cases-Tonog went to the scene of the crime. Found a lifeless
body of the victim with several stab wounds. Informer pointed to the
Go vs CA-Go shot Maguan after a traffic altercation. Wala madakpi si accused not anymore there as the person who killed. They were able
Go in flagrante. What the police did, thru media they gave the to track him down and arrest him.
information that they were looking for Go as suspect in the killing of
Maguan. 6 days after the commission of the crime, Go appeared at Robin Padilla figured in ahit and run. Unfortunately for him, a
the police station accompanied by 2 lawyers. When he arrived there, member of a civic group saw him and followed him. (Joke omitted)
an eyewitness pointed to Rolito Go. He was not anymore allowed to He was able to get the plate number and immediately reported to a
go home. In short, he was taken into custody. Was it a valid arrest? viper. Police vehicle who immediately relayed the message to all the
Prosecution said hot pursuit. SC said di nana hot wui. bugnaw pa mobile units of the police. One of them was mobile number 3. When
nasa simod sa baboy. Well of course, you have to take into account they saw the vehicle of padilla approaching they immediately
the facts and circumstances of the case. It can happen that stopped him and took him into custody. Padilla said invalid
immediately after the commission of the crime, gichase dayon. It was warrantless arrest for the policemen did not have personal
a continuous chase. Non stop gyud and it took several days before knowledge. They only learned thru the radio message by Manarang.
na-arrest. To me, that will still constitute as hot pursuit. (Si sir niha No probable cause. Actually no inflagrante arrest gyud. The offense
) But if the lead became cold, and it became hot again later, there is was not committed in their presence. Can it be justified under hot
an interruption. Di nagyud na mahimo. What is therefore the process pursuit? No problem with the first two elements. Given na, the
here? Would that mean that the suspect goes free? Of course not. offense was committed, it was just been committed. Theres the
What will happen would be filling of the complaint in the sense of urgency. The only issue was that did they have probable
prosecutors office. The prosecutor will conduct a preliminary cause because they had no personal knowledge? Padilla said, you
investigation. Then the filing of the case in court. Then once the case have no personal knowledge., SC said that is not the only meaning of
is filed in court, it will issue a warrant of arrest. personal knowledge that you have to be there witnessing, it can be
based on reasonable ground to believe and the information given by
3rd requisite-probable cause the eye witness was enough ground for them to believe that the
crime was in fact committed.
Again like in in flagrante, probable cause which is the overt act and in
the presence is important in identifying the person to be arrested as Is it possible that the police officers saw and the arrest is hot pursuit,
the one who committed the offense. In this particular case, again pwede. Kay possible man nangawanilamadakpikayni-eskapo. And
probable cause is required in connection with identifying the person the arrest was done hours later. Cannot be in flagrante anymore
to be arrested as the one who committed the crime. Kay ang because the arrest was not done while the crime was being
commission of the crime cannot be just based on probable cause, it committed. But it can be considered as hot pursuit. This is probable

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cause based on actual belief not on reasonable ground to believe. question the admissibility of the evidence. Nganu man? IN order for
Walyproblemaana.Angproblemaanakanang reasonable ground to search, warrantless, to be considered valid, there are requisites. It
believe. must be contemporaneous to the arrest, it must be limited to the
permissible area of searchthe body. The purpose of the search is to
SC said in most cases, the arrest is validated based on the knowledge protect the police but it cannot go beyond that but only within the
derived by the arresting officer based on his investigation and the permissible area. Another permissible area, area of immediate
testimony of the witnesses. So dilimahimongadili mag- control. Why? SO that arrested person may not destroy evidence that
imbestigarkaydili man maconfirmnga nay krimennganahitabo.As a may be useful against him. SO bisag pa ug di naxakaquestionsa
minimum however and to prevent abuse, the eye witness or the validity of the arrest kaywaxani-object, he can still question the
victim must accompany the arresting officer. At the very least, search and in effect the inadmissibility of evidence. People
material or physical evidence must be found linking the person to be vsNuevasetc.
arrested to the crime.
Let me just read ingonsisir..so please read Arrest of escaped
People vs Sino-The accused was holding the key to the stolen prisoners. You dont need to explain it daw. Interesting case.
vehicle. People vs Del Rosario fake angpiyansa. Can he be arrested without
warrant. Yes, when he posted fake bail bond, it is equivalent to
People VsGErente-identification was made by the eye witness escape from detention so he can be arrested without warrant.
People vsVilllaon-witnesses pinpointed to the culprit Custodial Investigation
Cudiavs CA-victim pinpointed to the culprit Meaning of Cu RA 7488? Considers custodial investigation when a
person is invited for investigation in relation to acrime.In effect you
Compare this to the case of People vsCubcubin
are considered a suspect and when you are there, you are deprived
Police were informed that a person has been shot. A team was sent to of liberty. In that case, Miranda warning applies. If you are forced, it
investigate. They went to the scene. Kita silasabiktimanganagbuy-od becomes invalid. Di man na in flagrante, hot pursuit or escape of a
sausaka tricycle parked. Of course, interview, interview possible prisoner.
witnesses. One witness interviewed was a waitress. Another was a
Other important points on arrest:
tricycle driver.From there they were able to gather a description of
the person last scene with the victim. Take note, testimony was Warrantless arrest can be effected by law enforcement officers or a
description of the person who was last seen with the victim. Ang civilian.
testimony was the person who shot the victim, but the information
given was the person last seen with the victim. They tracked down Requisites:
the person described and was able to locate him and take him into
custody. In fact kakita pa silaog blooded hanesna t-shirt placed over if he is a law enforcement officer, GR: inform arrested person of his
the divider when they picked it up, two spent 38 caliber shells were arresting authority and the cause of his arrest.
seen. SO what they did, they brought the suspect to the caf and
there the witness was able to identify the suspect to be the person Exceptions to giving information:
she saw drinking beer with the victim. Can it be considered probable
cause? SC said no. Nganu man, unsa man gisultisa witness, last o When the person to be arrested flees
person seen with the victim drinking beer. It is not enough to o When the person to be arrested forcibly resists
constitute probable cause. Suspicion siguru yes, ngasiyaynagpatay. before arresting officer has time to give
Suspicion is not enough though. Mao nakinahanglannga testimony of information
an eye witness or the victim, himself. o If giving the information will prejudice the arrest
o Person to be arrested is then engaged in the
Another important point, what is the effect if the arrest is invalid? Of commission of the offense
course, effect is court does not acquire jurisdiction over the person o Person to be arrested is pursued immediately
of the accused. Court cannot file. The rule is, in order not to be after the commission of the offense or after escape
considered not to have waived his right to question the validity of
the arrest, accused must raise the objection before he enters a plea. Private person effects arrest:
He must question the legality of the arrest before he enters his plea.
He has to inform the person of his intention to arrest and the cause
If he fails to do that, he is deemed to have waived his right to
of the arrest
question the legality of the arrest. The court therefore can bind him.
Court acquires jurisdiction over his person. Effect of the legality of Q: Can you be asked by a police officer to assist him in effecting the
arrest is jurisdiction of the court. Question: If person does not object arrest?
to the illegality of his arrest and he believes that the evidence
gathered pursuant to a search made as an incident to that arrest, that A:YES.
it is inadmissible; can the suspect still question the admissibility of
evidence? Yes. IN other words, he cannot question anymore the Q: Are you obligated to assist him in the arrest?
arrest. But he can question the validity of the search in order to
A:Yes, you are obligated except when there is danger to your life.

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Q: How are you going to be considered when you assist in the arrest? Search Warrant- Judge asks searching questions and answers to the
applicant and the witnesses applicant may produce
A:Agent of the person in authority.
Issuance of warrant of arrest-Judge has to personally examine the
Q: When there is resistance? affidavit and the witnesses attached to the affidavit, counter affidavit
and evidences attached to the counter affidavit which were
A:Indirect assault. submitted to the prosecutor during preliminary investigation
forwarded to the court when the case is filed in court
Knock and Announce Rule, Rights of persons detained, Visiting hOUrs
(Refer to notes dawingonsir :D) 5.Lifetime
Q: What is the effect if you post bail, on your right to question Search-10 daysragyudang warrant from issuance
validity of arrest? Are you considered to have waived it?
Arrest-walay lifetime, as long as it has not been served, it continues
A: NO. You can still question but you must raise it before you enter to be alive (no need for alias warrant, unless nawagtangsa police ang
your plea. warrant or nasunog)

6.Service of the warrant

Search and Seizure (Rule 116) Search-generally daytime gyud, unless warrant itself authorizes that
it can be served during nightime
Sec.2, Art.3-Protects our right to privacy, guarantees that right by
limiting the power of the state. It does not prohibit the state from Arrest-can be served anytime of the day and night
interfering with our right to privacy, what it does is limit it.
What is a search warrant?
So what are the rights protected?
1.Order in writing (order is to search for personal property
o The right on your person-cannot be arrested described in the warrant and bring it before the court) Issued in the
without warrant (judge is authorized to allow it or name of the people of the Philippines, signed by a judge
not)
o Personal effects-protected from unreasonable 2.Directed to a peace officer (not for a civilian)
search and seizure
3.to gather evidence
Differences between arrest and search in order to seize:
(another difference between search warrant and warrant of arrest.
1.Arrest-taking person into custody Search is to gather evidence which you can do even after the case
was filed. So you can apply for a search warrant before and after
Search is not the same-Although search may follow an arrest. Thats filing of the case. You can apply for search warrant in preparation for
what you call search incidental to lawful arrest. filing of a case or in furtherance of the case to gather evidence to
support the case.
2.Scope
Whereas in warrant of arrest you can only apply if a case has been
Search: Wider scope-not limited to your person but includes area
filed in court. That is why arrest with a warrant is not discussed
within your immediate control
under preparatory stage while search thru a search warrant is part
Arrestimoragyudnapagkataoangitake into custody of preparatory stage. It can be issued even before a case is filed. Let
me repeat search warrant can be issued before and after a case
3. Probable cause different for arrest and search is filed in court.

Probable cause for Arrest-means facts and circumstances sufficient Q: Where do you apply for a warrant?
to convince a cautious person to believe that a crime has been
committed and the person to be arrested committed it A: Any court of the place where crime is
committed.Sokungnacommitsa Cebu city ayawog apply saMandaue,
Probable cause for Search-facts and circumstances sufficient to dirisacebu City apply. This is the general rule.
convince a cautious person to believe that a crime was committed,
that the things to be taken are connected to the crime and they can Q: Which court in cebu city? There are branches assigned to specific
be found in the place to be searched cases like family cases,annulment,nullity, legal separation even
criminal cases involving minors, they are tried in family courts. Naa
*Who is this cautious person? The JUDGE. IN both cases, judge has to sad mgakortengailagitrykay drug related cases. They are what we
conduct personal determination call specialized courts. There are also courtsassigned to try corporate
cases.
4. Determining probable cause

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Q: Can they issue a search warrant if pananglitanangkaso is involving
a minor and the court is a drugs court? A: Yes. Because an application
for a search warrant is not a criminal action. It is just a process. And
so because it just a process, you do not apply rules on original
jurisdiction. So any court. It is inherent in any court to issue a
warrant. Thats the nature of an application for search warrant.The
application is also ex parte. Meaning person subject of the search has
no participation whatsoever in the process. Diliparehosa warrant of
arrest, when judge determines probable cause, he has to consider
not only the complaint or the affidavit of the complainant and the
evidences as well but also the counter affidavit and evidences of the
respondent. Not ex parte.
GR:You can apply before any court within whose territorial
jurisdiction a crime was committed.
Exception: There is compelling reason stated in the application, then
the application can be filed before any court within the judicial
region where the crime was committed if the place of the
commission of the crime is known.
Ex. Rape case, party involved is a very influential person. Crime is
committed in cebu City. Influential means he has friends in court. If
you are the applicant you would not want to apply for a search
warrant in Cebu City. Y? probability of leakage is there. Element of
surprise is very essential in serving a search warrant.
Arundilimataguanangkuhaunonngabutang. Kung dunaypossibility of
leakage, what can you do? You can state that in your application.
Where can you apply then? Since place of the commission of the
crime is known, you can apply in Bohol, Siquijor, Negros Oriental.
Part of the 7thjudicial region.
What if walanahibaw-I asagicommitangkrimen, perokabalo ta
naaaninglugaraangmgabutangngakonektadosakrimen. Where do you
apply for a search warrant? Before any court within the judicial
region of the place where the search warrant is to be served. Not in
any court where the crime was committed because you do not know *Sec. 3 of Sec. 2 has been modified by SC Resolution. Heinous crimes,
where the crime was committed man.
Pananglitan we have a criminal case filed, you have to file application
where the criminal case was filed. No choice.
Modification made by SC-if the case involves heinous crimes, illegal
gambling, dangerous drugs, illegal possession of firearms, even if it is Nature of an Application for search warrantmerely a process, not a
committed here in cebu, you can file your application in an executive case, not a trial (due process not applicable
or vice executive judge of Quezon City or RTC of Manila and Quezon
City.
application for warrant is only a process not a case so we dont apply
the rule on exercise of original jurisdiction.
Assuming warrant was issued in Cebu, can it be enforced in Manila?
Yes. It can be effected outside territorial jurisdiction of court.
Salazar vsAchacoso. Only a judge can issue a warrant because thats
what the constitution says. Here Labor code authorized the secretary
of labor to issue a warrant. That portion was unconstitutional.
Q: 10 day life of warrant includes Saturdays and Sundays from date
of issuance of search warrant ha dili warrant of arrest. Once you
serve it and completed it, you cannot anymore go back like
naakaynakalimtan.
Gawaskungdaghankaukagpangitaunonwalanimunatiwas then
imobalikonbasta within 10 day period.
June 25, 2013
G.R: Apply for a warrant in a court which has jurisdiction over the
place where the crime was committed.
Exceptions: 1.When a case has already been filed, apply in the court
where case is pending.
2. Compelling reasons-apply in any court within the
judicial region where the crime was committed (ex. Of compelling
reason: subject of the search is a very influential person in the place
where the crime was committed)
3. When place of the commission of the crime is not
known (ex. Proceeds of the crime is in cebu city but place of the
commission of the crime is not known, so you apply in a cebu city
court; what if you are in cebu city and you know that the proceeds of
the crime is in Mindanao?-apply in the judicial region of Mindanao
where the proceeds of the court is located)
illegal possession of firearms, dangerous drugs, illegal gambling, --
can apply for search warrant is Quezon City and Manila.
Case:Spouses Marimlavs People(mentioned above, also, refer to
notes)
--must be expedited

Personally endorsed by heads of agencies like NBI, PNP, etc.
Spouses Marimla involving violation of dangerous drugs.
It was allegedly committed in Angeles City and Porac Pampanga but
application for search warrant was filed before Rtc of Manila. It was
valid because of Administrative order. It was not endorsed by the
department head of NBI but of a subordinate. SC said yes, because
under admin code, an assistant head or subordinate may endorse as
long as authorized by superior.
-- ex parte proceeding
When a drugs court for example issues a search warrant for a
robbery case, the court exercises its ancillary jurisdiction, which is
inherent in all courts. (See Taypin case mentioned above or in
Notes)
A search warrant issued by a court can be enforced anywhere in
the Philippines as long as it is the place particularly stated in the
warrant.

Another case: The sala of judge taypinWas not a corporate court but To repeat, ONLY a JUDGE can issue a warrant. (See Salazar
a warrant was applied for in his court involving violation of vsAchacosomentioned above or in notes)
intellectual property code. SC said valid warrant because an

SUPPLEMENTAL READING ONLY. PLEASE READ THE JUSTICE INGLES NOTES AND THE RIANO BOOK. :)
What property can be seized? Only personal property related to the
offense i.e. subject of the offense; stolen or embezzled property;
proceeds of the fruits of the crime
But a real property can be the subject of a search but not seizure (See
People vs Nunezin notes)
Two ways of attacking a search:
Question the validity of the issuance (requisites of issuance
are not complied with)
Question enforcement of the search (question validity of
items seized)
Enforcement should be ministerial not subject to the discretion of
enforcement officers
G.R. If search is invalid, return the items seized.
Exception: The possession itself of the item seized is illegal. (Ex.
Illegal drugs are invalidy seized, you do not return it)
(See People vs Estrada in Notes)
search and seizure for fake drugs, it turns out the drugs were
genuine, warrant was invalidated for non-particularity of
description, of course you do not return the drugs because owners
did not have license to possess or distribute the drugs.
July 1, 2013
Credits to Jo Borbajo :)
Search Warrant
an order in writing
issued in the name of the People of the Philippines
Signed by a judge
Directed to a peace officer
Commanding him to
o Search for personal property described therein
and
o Bring it before the court
Purpose: to gather evidence
Where an application for search Warrant may be filed?
1. General rule Before any court within whose territorial
jurisdiction a crime was committed.
2. Exception for compelling reasons stated in the application,
before:
Any court within the judicial region where the crime was
committed if the place of the commission of the crime is
known
Any court within the judicial region where the warrant
shall be enforced
Note: In both exceptions, filing in such courts requires compelling
reasons stated in the application.
3. Qualification if the criminal action has already been filed:
The application shall only be made in the court where the
criminal action is pending
SUPPLEMENTAL READING ONLY. PLEASE READ THE JUSTICE INGLES NOTES AND THE RIANO BOOK. :)
Nature of Application of Search Warrant it is not a case, not part
of trial MERE PROCESS
Authority to Issue a scope of search warrant before a court
which is the place where the crime is committed
Non-judicial search warrant prohibited- warrant is always issued
in judiciary
* only personal properties can be seized
Subject of the offense
Stolen or embezzled and other proceeds, or fruits of the
offense
Used or intended to be used as the means of committing an
offense
RIANO:
Arrest distinguished from search and seizure:
Arrest:
The rules on arrest are concerned with the seizure of the
person. It involves the taking of a person in custody.
A probable cause to arrest does not necessarily involve a
probable cause to search and vice versa. In probable
cause to arrest, the judge must have sufficient facts in his
hands that would tend to show that a crime has veen
committed and that a particular person committed it.
The judge is not necessarily required to make a personal
examination before issuing a warrant of arrest.
An arrest may be made on any day and at any time of the
day or night.
Search and Seizure:
A search may follow an arrest but the search must be
incident to a lawful arrest.
Probable cause to search requires the facts to show that
particular things connected with crime are found in a
specific location.
The judge must, before issuing the search warrant,
personally examine the complainant and witnesses he
may produce in determining probable cause.
A warrant is generally served in the day time, unless
there be a direction in the warrant that it may be served
at any time of the day or night.
Important: Statement of the applicant and witness if
presented under oath, sworn statement personal
knowledge.
It can only be issued with one specific offense. (Stonehill vs
Diokno)
Personal examination in the form of questions and
answers. What kind of questions? NOT the pro forma
kind, routinary, general or peripheral.
NOT yes or no questions; MUST be probing and
exhaustive questions by eliciting the details. You can
ask questions not in the affidavit as long as the same are
related to the offense.
Must search the facts personally known to them.
Deposition vis--vis Affidavit
Deposition is a question and answer form under oath.
There must be a record to prove that the judge actually
performed the personal examination of facts.
 The transcription of the stenographic notes should be
submitted to the judge. The record of the personal
examination of facts is important.
No record of the examination? Consequence of the
transcription INVALID because there is no proof that the
personal examination of facts was done. Not all of the
requirements for obtaining a search warrant are complied.
Affidavits are not enough; there must be a deposition. The
judge must depose in writing the complainant and his
witnesses.
Witnesses MAY produce evidence; Witnesses are
sometimes required so that the applicant can have
someone who can support his statements but if the
applicant has personal knowledge, a witness is not required
during the personal examination of facts.
The nearer the date that you make your statement during
the application for warrant from day that the crime was
committed the fresher the memory is; Hence mas tinood.
How can we tell that the description of the search warrant
is particular? In such a way that the searching officer can
identify with reasonable certainty the particular things and
place to be searched.
RIANO:
The prevailing doctrine is that the warrant must
sufficiently describe the premises to be searched so that the Search in Plain View
officer executing the warrant may, with reasonable effort,
ascertain and identify the place intended.
Descriptio Personae
Two ways of questioning the warrant MUST BE MADE
BEFORE THE ACCUSED ENTERS HIS PLEA, otherwise the
objection is deemed waived.
Validity of the issuance Filing a Motion to Quash
Validity of enforcing the warrant Filing a Motion Consented
to Suppress Evidence.
July 2, 2013
One search warrant for one offense must specify what
offense in order to convince the judge on probable cause.
You must specify what offense was violated even if it is only
a code such as RPC or one law such as RA 9165 but the
same has many provisions.
Search warrant served (completed) in one day within the
10-day period you CANNOT search again.
Receipt how done properly? Proper waiver in writing
with the assistance of the counsel.
Search warrant application is not a case but merely a
process, it cannot resolve an issue.
Knock and Announce Rule An officer should knock,
introduce himself and announce his purpose and only in
exceptional cases may he forego the same when his safety
is in danger of being jeopardized or when evidence is about Remedies
to be destroyed. (Refer to Sec. 7, Rule 126, Rules of Court)
RIANO:
An application for a search warrant is heard ex parte. It is
neither a trial nor a part of the trial.
SUPPLEMENTAL READING ONLY. PLEASE READ THE JUSTICE INGLES NOTES AND THE RIANO BOOK. :)
July 15, 2013
Search of Moving Vehicles
Allowed because of the factor of urgency. Impractical to
obtain a search warrant.
The justification is between the interest of the public and of
the State to protect itself and the individuals privacy its
the interest of the State of the public that prevails.
In the case of Valmonte vs de Villa, checkpoints per se are
not unconstitutional. The justification is the balancing of
interests. With respect with the search that may be
involved, you have to distinguish two kinds of search: the
routinary search (please check Caballes case, page 43 of the
notes) limited to visual search- it follows the validity of
the check point and the extensive search. There is no need
for probable cause in routinary searches to support its
propriety, the moment that the search is extensive, there
must be a probable cause.
The moment the law officers open the doors, open the
compartments, enter the buses probable cause is required
because those acts constitute and extensive search.
Malmstedt case, if he presented the passport and did not
act suspiciously, there would be no probable cause on the
part of the officers and he would not be subject to an
extensive search.
Prior valid intrusion means that it is lawful and justified
when it is covered by a validly issued warrant of arrest or
search warrant and the law enforcement officer is effecting
a warrantless arrest. (Caveat: Do not confuse this with
search incidental to warrantless arrest.) Examples of
justified entry: namisita ang pulis sa iyang gf. ;) or as long
as gitugotan ka musulod.
Search
The consent must be given by the one who has the right to
privacy.
Totality of Circumstances Principle In order to find out
whether the consent was freely given you have consider the
characteristics of the person giving the consent as well as
the circumstances attendant to the giving of the consent.
The burden is showing that the consent is freely given is
the law enforcer or during the trial, the prosecution.
Failure to object does not necessarily mean that consent is
freely given.
If the search is consented, the search is only limited to what
is consented.
Searches under Exigent Circumstances
The qualification: there is some kind of emergency that
makes the application for the warrant useless, impractical
and unnecessary. Probable cause is still a requirement.
When what you are questioning is the issuance of the
search warrant, the validity of the search warrant Motion
to Quash.
If you are the questioning the execution/enforcement of the
search Motion to Suppress Evidence.
If you want to question the issuance and at the same time
the enforcement of the search warrant file both.
 Grave Abuse of Discretion regarding the issuance of the
search warrant? File a Certiorari.
Can you question the validity of the search warrant on the
ground that there was no probable cause even if there is
already pending a P.I. the purpose of which is determining
probable cause? YES. The proceedings are independent of
each other because the purposes are different.
There CAN be an effect on the P.I. if the court finds in the
motion to quash that there was really no probable cause
because that would mean that the evidence seized would be
inadmissible. The evidence used in filing for preliminary
investigation. But not automatic because there can be other
evidences for filing not entirely based from the voided
search warrant.
Custodial Investigation
When the person subjected to questioning is already
considered as a suspect and the questions are
incriminating, the rights enumerated under the
Constitution, Sec. 12, Art. III can be invoked.
You cannot invoke your Miranda Rights unless it is a
Custodial Investigation or incriminating questions.
Rights provided under custodial investigation have been
expanded to already cover questioning under invitation.
Admissions during Preliminary Investigation? They can be
admitted because it is not a custodial investigation.
July 16, 2013
Preliminary Investigation
Preliminary investigation is not always required. It
depends on the penalty presrcribed or if the arrest made is
warrantless, if the latter happens, inquest proceedings will
be done not P.I even if the penalty is at least 421 and beyond.
(Remember, at least 4y2m1d!)
There must be a case filed in court before the judge can
issue a warrant of arrest. A case filed presupposes that
there is a preliminary investigation happened.
Evidences gathered during the police investigation such as
conducting a search by a virtue of a search warrant these
will constitute part as the support for the complaint that
will be filed before the prosecutors office for the conduct of
the preliminary investigation.
No evidences gathered but there is an eyewitness the
testimony of the same can be used a support for the
complaint.
The point is that there must be sufficient evidence to be
presented before the prosecutors office to conduct
preliminary investigation.
The purpose of the preliminary investigation is some kind
of a screening process, so that the suspect cannot be
compelled to face a baseless case and for the State to
prevent unnecessary expenses based on baseless cases
filed.
TO REITERATE: Preliminary investigation is required
before the filing of the complaint of information in court
and when the offense if punishable by at least 4y2m1d.
(DILI ng WARRANTLESS ARREST OKAY?)
Less than 4y2m1d direct filing.
SUPPLEMENTAL READING ONLY. PLEASE READ THE JUSTICE INGLES NOTES AND THE RIANO BOOK. :)
Lack of preliminary investigation does not deprive the
court the authority to try and hear the case.
Case of Lim Po vs DOJ et al GR No. 195198 February 11,
2013
Case of Antonio Chiu vs CA et al GR No. 197098 February
11, 2013
Mandamus will not lie against the prosecutors for the
determination of probable cause is an executive discretion,
unless there is a Grave Abuse of Discretion in which there is
a probable cause but the prosecutor refuses to file the case,
the duty now of the prosecutor becomes ministerial not
discretionary.
July 23, 2013 (walay recording sa 22)
Q: Can courts interfere with the conduct of preliminary
investigation?
A: No, as a rule. It is an executive function.
Q: Why is it covered by rules of court when it is executive in nature?
A: It is related to the process of instituting criminal action. It is a
preparatory action. Because of the close relationship with the court
process it is also governed by Rules of Court.
Remedies if prosecutor fails or refuses to fail an information in court
even if there is probable cause:
-Administrative Remedy
-Civil Remedy
-Criminal Remedy
(See TehankeevsMadayagin notes)
Is there a need for another preliminary investigation if
there was already a prior preliminary investigation if the
amendment is from frustrated murder to consummated murder?
SC said NO. The amendment is only a formal amendment.
The nature of the offense is not changed. Its only the stage that has
been changed. (Same ruling in Villaflor case-slight physical injuries
to serious physical injuries, no need for another preliminary
investigation)
NO double jeopardy in preliminary investigation. Why? Because its
not a judicial action.
(Read Cruz vs Hon. Gonzaleset al G.R. No. 173844 April 11, 2012)
When can you invoke for the first time your right to counsel?
A: During custodial investigation.
Q: Why do you already have that right? Why does the constitution
provide for that right?
A: Because the purpose of CI is to incriminate you, to connect you to
the crime. You can also invoke the same right during trial. Why?
Because the intention is to incriminate you.
Q: What about in preliminary investigation? Can you invoke such Q: When can you file motion for conduct of preliminary
right? investigation?

A: NO. Intention is not to incriminate you. Only to determine if there A: Before you are arraigned. Coz if there is already arraignment, you
is sufficient ground for the filing of the case. are deemed to have waived your right.

Q: Is anything you say during PI not admissible against you? Q: Supposing you were arrested without warrant, then penalty is 4
years, 2 months and 1 day, are you entitled to PI?
A: It can be used in court. But you have the right not to submit your
counter affidavit. But its not part of the trial so there is no right to A: No. PI is too long. Art. 125 is important here. You can only hold
counsel violated if you are not assisted by counsel during PI. accused for limited time. Proper procedure is inquest. But if arrested
person wants preliminary investigation then he can ask for PI but he
Q: What are modes of discovery? has to sign waiver of Art. 125. That he allows himself to be detained
beyond the prescribed periods because he wants opportunity to be
A: Manner by which you can discover. Discover what? Evidence that heard thru a PI.
the other party has.
Inquest vs PI
Q: Why is this part of the procedure?
Same intention-to find probable casue
A: Because in most cases, you will only come to know the evidence
available to the other party only in trial. But you know it is important Inquest-short process ; PI-long process
to know in advance the evidence of the other party so you can Inquest-one side raangpaminawn, side rasa police or
prepare. complainant, issue is whether or not warrantless arrest is
valid
(See Webb vs de leoncase in notes) Alfaro executed two affidavits.
NBI presented only one. Webb wanted to know contents of the other PI-two sides are heard, complainant and accused
affidavit.
Inquest-summary procedure; PI not summary
Can modes of discovery be used during preliminary
investigation? SC said modes of discovery can also be availed of PI vs Custodial Investigation
during preliminary investigation. Why? Because of the effect of
probable cause to the life, liberty of respondent. It was a capital Who conducts investigation: PI-prosecutor ; Custodial law
offense. If case will be filed, offense was non-bailable. enforcement officers

Effect of lack of preliminary investigation: One mode of extinguishing criminal liability is prescription. If no case
is filed within the period, criminal liability is extinguished.
Will it render information defective? NO. Will it render
court where it is filed without jurisdiction? No. In short, it is not a Q:How do you interrupt running of prescriptive period?
ground for dismissal of case.
A:Institute criminal action.
But there is violation of statutory right of the accused.
Accused should file motion for conduct of preliminary investigation. Q: How do you institute criminal action?
If motion is meritorious. Court will grant petition. Court will order
A: Not necessarily mean filing directly in court. For those which
the proceedings suspended. Case is remanded to prosecutors office
require PI, filing of complaint before proper officer is already
for preliminary investigation. (Sec.3 procedure)
institution of criminal action.
Q:How is PI initiated?
Officers authorized to conduct PI (refer to enumeration in Notes)
A: Filing of the complaint before the proper officer i.e prosecutor.
Limit of authority of officers to conduct PI: covers only offenses with
Q: Upon filing, what should prosecutor do? penalty of 4 years, 2 months, and 1 day or higher and offense was
committed within territorial jurisdiction
A: Immediately evaluate complaint. Effect is, could be dismissed
outrightly. If there is probable cause, he will issue subpoena to the Other officers prescribed by law to conduct PI:
respondent so that he will be given opportunity to submit counter-
COMELEC for election-related offenses; prosecutors can also conduct
affidavit.
PI for election related offenses because of concurrent jurisdiction
Q: Identity of respondent is known but address is not known,
Ombusdman-offenses committed by public officers; same as above,
prosecutor should decide based only on what was filed. Ex parte
concurrent jurisdiction with prosecutors
proceeding. If there is probable cause, a case is filed in court, upon
filing in court, address of respondent is known. If you are the
July 29, 2013
accused, you can ask for preliminary investigation.
Procedure of the Preliminary Investigation (Section 3)

10

SUPPLEMENTAL READING ONLY. PLEASE READ THE JUSTICE INGLES NOTES AND THE RIANO BOOK. :)
 The complaint mentioned in Rule 110, refers to the
complaint filed in court, under the name of the People of
the Philippines.
The subpoena must contain the complaint and the
supporting documents in order for the respondent to know
the nature of his offense and prepare for his defense.
The conduct of preliminary investigation does not require
the presence of both parties (hearing) but the investigating
officer can require their (or only the other party) presence
for clarification purposes.
What if the complainant puts a wrong address in order that
the subpoena cannot be served? The respondent has still
the remedy. When the information is filed, he can file for a
motion to conduct a preliminary investigation before he
enters a plea.
Once a counter-affidavit is submitted should the other
party submit also his reply? The SC said NO. Its not in the
rules.
Resolution of the Investigating Officer (Section 4)
No information can be filed in court unless there is an
approval of the head of the office because the findings of
the investigator are recommendatory subject to the review
of the head of the office such as the provincial prosecutor.
The investigating officer not only prepares his resolution
but also a copy of the complaint and also he is required to
make a certification that he properly conducted a
preliminary investigation.
What is there is no certification in the resolution or
information? The SC said the information will NOT be
affected. Under Rule 110, certification is not mentioned on
the said rule as a part of the information.
What if the findings of the investigating officers are
reversed by the head of office? Then the latters reversal is
controlling.
The manner of appeal from the head of office resolution is
called petition for review, in cases where you want to
appeal to the Secretary of Justice.
What if the determination of probable cause is done
simultaneously by the SOJ and the judge and their
resolutions are conflicting? Whose resolution will prevail?
It the judges resolution that will prevail. Once the
information is filed in court the jurisdiction over the case is
now with the judiciary not anymore with the executive
branch.
What if the SOJ determines the absence of the probable
cause? He may direct the prosecutors office to file for a
motion to withdraw. The court will not automatically grant
the motion. The court must make its own findings first.
Inquest Proceedings (Section 6)
The determination whether the warrantless arrest is legal
nor not. The basis is the affidavit of arrest which contains a
narration of facts and circumstances attendant to the
warrantless arrest, investigation report, statement of the
complainant and other evidences and documents. What is
important is the affidavit of arrest to know if the
warrantless arrest was proper or not.
SUPPLEMENTAL READING ONLY. PLEASE READ THE JUSTICE INGLES NOTES AND THE RIANO BOOK. :)
Subpoena is not required. The custodian must bring the
person in custody to the court for the inquest because of
the time limits (I mean the Art, 125 of the RPC bitaw).
The judge may ask whether to proceed with the inquest or
have a preliminary investigation, if the person under
custody chooses the latter, he must sign a waiver which in
effect that the Art. 125 of the RPC will be of no effect.
If during the conduct of preliminary investigation wants to
be released? Post bail.
If he chooses inquest proceedings and the arrest was
proper, information will be filed. If the arrest was not
proper, he will not be automatically released, the findings
will be transmitted first to the head of office.
What is the arrest was improper and then the head of office
determines that the complaint has good basis, the
prosecutor must set it for preliminary investigation. Then a
subpoena will be issued and the person under custody will
be released.
What if there is no inquest prosecutor available? The
offended party or the peace officer can directly file the
complaint.
Cases not requiring Preliminary Investigation (Section 8)
The offense must not be covered by the Rules on Summary
Procedures offenses that do not exceed 6 months.
Offenses that are covered by the Rules on Summary
Procedure: Those where the offenses or penalty is at least
6mos and 1 day but does not exceed 4 years and 2 mos.
(naglibog ko ani na part guys )
Jurisdiction and Venue in Criminal Cases
Jurisdiction is vested by the Substantive Law.
Jurisdiction is conferred by the law not by the parties.
Once the court acquires jurisdiction over the case, it retains
that jurisdiction until its termination. It will not be affected
by the changes of the law.
July 30, 2013
How do we determine whether the court has jurisdiction
over the subject matter? You determine the nature of the
offense. How? By examining the allegations in the
information. Why? Because the nature of the offense will
tell you the prescribed penalty of the said offense.
How about territorial jurisdiction? You also check the
information where the crime was committed. You dont
need to specify the exact location where the crime was
committed. You can just state Cebu City.
Case of Edwin Sorongon et al GR No. 178607
When can the accused object to the jurisdiction of the
court? GR: At any stage of the proceedings. EX: When he is
guilty of estoppel by laches.
Where the penalty prescribed is both imprisonment and
fine, you only consider the former in determining the
jurisdiction (disregard the fine). Also regardless of other
accessory penalties. In criminal cases, you only determine
the principal penalty.
If the penalty is fine only, MTC, provided that the fine is
below 4,000 pesos. Excess, RTC.
11
 Jurisdiction of the Sandiganbayan requires these two
concurring requisites: The rank (Salary grade of 27 and up)
of the public official and whether the crime was committed
in relation to his or her office.
Case of Metropolitan Bank and Trust Co, etc vs Hon.
Edilberto G. Sandoval et al. GR No. 169677
August 8, 2013
[Civil case} Action for collection for sum of money- a
personal action; the place where the case should be filed is
the place of residence of either the claiming party or
defending party at the option of the claiming party.
-Merely place of trial
Territorial jurisdiction for criminal cases- refers to the
territory where the court has the authority or power to
decide criminal cases involving crimes committed within
the place.
Ex. Crime committed in Cebu City- can only be tried in cebu
city courts where the crime is committed. Only courts with
authority of the place where the crime is committed has
authority to try and decide the case. Venue in criminal
cases is part of the definition of the authority to try and
decide the case. Venue is therefore jurisdictional.
How do we determine which court has jurisdiction over the
territory where the crime is committed?
A: By the allegations in the complaint. Place where crime is
committed has to be stated in the complaint.
Subject matter-allegations will tell us what type of crime
was committed, thru this we will know the prescribed
penalty-an important factor in determining the court which
has jurisdiction over the case
MTC-penalty not exceeding 6 years
RTC-exceeding 6 years
Nature of the offense + rank = like cases triable by the
sandiganbayan
Criminal action shall be instituted in the court of the
municipality (first level courts/municipal trial court),
(defined by boundaries of the municipality); in circuitized
first level courts, defined by boundaries of municipalities
consisting the circuit (municipal circuit trial courts);
Territory-refers to territorial jurisdiction of 2nd level
courts; RTC authority is not limited by the boundary of the
region where it is found or established; its territory is
defined by law- BP 129.
Ex. Territorial jurisdiction of the RTC of Cebu City-it does
not mean simply that that jurisdiction is limited by the
boundary of cebu city or of the province or by the region-
rather the law has specific definition of its territorial
jurisdiction.
Where the offense was committed
Local offenses- crimes where the elements are committed
in one and the same place.
Ex. Theft committed in one place-court of the municipality
or territory where place is committed has jurisdiction
Continuing offense- elements can be committed in 2 or
more places, different from delitocontinuado a type of
complex crime
SUPPLEMENTAL READING ONLY. PLEASE READ THE JUSTICE INGLES NOTES AND THE RIANO BOOK. :)
(Ex.one of you gets crazy and starts shooting all of you here
killing 5 of you, is it a continuing offense? NO. A
delitocontinuado, only 1 intent giving rise to several
offenses)
Ex. Issuance of a bouncing check, case for violation of BP 22
is filed against you- continuing crime, because there are
two elements which can be committed, one is issuing the
check the other element is the bouncing of the check.
You issue a bouncing check in cebu city, you deposit it in a
bank in Mandaue City, where can you file case? Both in
mandaue and cebu city coz the crime is a continuing offense
(refer to Gorospe case in Notes)
GR: A criminal action should be instituted in the court
which has authority where the crime is committed.
Alternative venues:
Offense committed in train, aircraft, vehicle in the course
of its trip- case shall be tried in the place of departure or in
the places it passed during its trip or the place of arrival
Offense committed in vessel in the course of its voyage-
first port of entry or any municipality or territory where
vessel passed during the course of its voyage subject to the
generally accepted principles of international law
Where the crime is committed outside of the Philippines
but punishable by art 2 of RPC-cognizable by court where
first filed
Piracy-can be filed in any court
Libel-different venues at the election of the offended or
suing party
-where the article was printed and first published
-victim is private individual-he may file at his
place of residence at the time of the commission of the
offense
-victim is public official-place where he holds
office at the time of the commission of the crime or the
place where the article was printed and first published
*Change of venue-Ampatuan case-happened in Mindanao,
tried in Manila
Crossed check (for deposit only) venue is place of
depositary bank
How do you state the place of the commission of the
offense?
A: It is enough that you state for example at Cebu City
within the territorial jurisdiction of this court
But in the case for example, trespass to dwelling- you have
to be specific in the description where the offense was
committed
Why does the law limit the jurisdiction of the court?
A: Impact (general public: place where offender is known,
to give example to the public; convenience of accused: not
to entail too much expenses)
(refer to sample cases in Notes)
JURISDICTION over SUBJECT MATTER
-determined by penalty prescribed in some cases by the
nature of the offense
Court of Appeals:
Exclusive(to the exclusion of other courts) original(you
have to file it there for the 1st time) :
12
 -Annulment of judgment in a criminal case by the If CA affirms judgment of conviction and the imposition of
RTC (if judgment is by the MTC exclusive original reclusion perpetua, CA must make decision but not to enter
jurisdiction for annulment is with RTC) judgment. SC will then review the judgment.
-Crimes of terrorism under the human security act If death penalty, same rule applies.
Concurrent original jurisdiction: So three modes of appeal:
Certiorari, Prohibition, Mandamus-not a mode of Notice of Appeal, Petition for Review, Automatic Review
appeal, it is an original case, issue is limited on jurisdiction Supreme Court:
particularly whether or not court acted in grave abuse of Original jurisdiction: Certiorari, Prohibition, Mandamus
discretion amounting to lack of jurisdiction (refers to Subject of these petitions must be an order of the CA or the
actions of inferior courts like against the RTC, MTC) Sandiganbayan
Against RTC-SC and CA has concurrent jurisdiction (not Concurrent jurisdiction (discussed already daw)
sandiganbayan coz sandiganbayan and RTC are co-equal Appellate Jurisdiction:
courts) A & B in notes (discussed nadaw)
Against MTC-RTC and SC has concurrent jurisdiction If death penalty is imposed-intermediate review CA-if
*you can only choose one court where to file your action for judgment is affirmed-automatic transmittal to SC for
certiorari, mandamus, prohibition automatic review
Appelate jurisdiction: Instance where there is direct appeal from RTC to SC:
CA has appellate jurisdiction over decisions or -Applies only when want you want to be reviewed is a pure
final orders (means not executory, just opposite of question of law
interlocutory, it just terminates proceedings in so far as the -Mode of appeal is petition for review on certiorari(not
court is concerned, in other words period of appeal has not the same with certiorari which is an original action)
yet lapsed) of RTC. It cannot have an appellate jurisdiction -Can come also from Sandiganbayan and CA
over MTC for there is intermediate court between MTC and Why is it that SC can try facts if reclusion perpetua or death
CA. is the penalty imposed? Because of the gravity of the
*interlocutory order-order of dismissal of motion to quash offense
for example ---end---
GR: MTC to RTC to CA to SC
RTC in deciding a case can be an exercise of original
jurisdiction or exercise of appellate jurisdiction.
Ex. Filing of homicide case
-RTC has original jurisdiction.
Supposing case originated in MTC. Judgment was appealed
to the RTC. RTC confirmed judgment of conviction.
Whether decision of RTC is an exercise of original or
appellate jurisdiction, appeal is with the CA. It differs only
in the manner of appeal.
If decision is an exercise of original jurisdiction, mode of
appeal is an ordinary appeal or by filing notice of appeal.
If appeal is for judgment ofexercise of its appellate
jurisdiction it is by petition for review.
Ordinary appeal- you are merely notifying, you are not
asking the court to approve your appeal. You send notice to
the trial court.This a matter of right.
Petition for review-not a matter of right, you file in CA. This
is discretionary.
RTC decision-penalty imposed is reclusion perpetua to
death, where do you appeal?
-SC automatic review
People vs Mateo- consti provision on automatic review
does not prohibit court from exercising its rule making
power and an intermediate review from the CA
SC said: Before you come to us, appeal first to the CA. If
penalty imposed by RTC is Reclusion Perpetua or Life
Imprisonment, mode of appeal to CA is by notice of appeal.
If penalty imposed is death, it is automatic review.
On appeal, CA must decide this cases if the decision of CA is
to reverse judgment of conviction, end of story because this
is acquittal.

13

SUPPLEMENTAL READING ONLY. PLEASE READ THE JUSTICE INGLES NOTES AND THE RIANO BOOK. :)