Criminal Procedure Quiz

Revised Rules of Criminal Procedure

• Criminal procedure outlines the legal steps for apprehending, prosecuting, and punishing those accused of crimes.
• It covers the process, from initial investigation to final release.
• The network of laws and regulations governs the administration of criminal justice.

Criminal Procedure Flowchart

• The process begins with the commission of a felony.
• Filing a complaint initiates the process.
• A preliminary investigation by the prosecutor is conducted.
• A finding of probable cause leads to the filing of information.
• Dismissal by the prosecutor is a possibility.
• The case may be sent to a provincial or city prosecutor/ombudsman.
• The DOJ either approves or disapproves of the finding of probable cause.
• If approved, a warrant of arrest is issued. If not, the case is dismissed.
• An appeal is possible if the warrant of arrest is issued .
• The accused may be presented for arraignment at court.
• Plea options (guilty/not guilty/refusal to plead).
• Evidence is presented for determination of voluntariness.
• Pre-trial conference is mandatory in all criminal cases.
• Trial occurs if needed
• An acquital or conviction is rendered.
• Appeals are possible after a conviction.

Criminal Jurisdiction

• Subject matter jurisdiction is determined by the nature of the crime and the penalty imposed.
• Territorial jurisdiction is where the offense occurred.
• Person of the accused is determined by arrest or voluntary surrender.

Criminal Actions: How Instituted

• Complaints are filed where preliminary investigations are required.
• Other offenses are filed directly with Municipal/Circuit Trial Courts or the Prosecutor's Office.
• Charters for Manila and other incorporated cities may have additional filing procedures.

Who May File a Criminal Action

• The offended party may file a complaint.
• Peace officers can also file complaints.
• Other public officers enforcing the violated law can file complaints.

Crimes Not Prosecuteable de officio

• Complaints for Concubinage and adultery are initiated by the offended spouse.
• Seduction, abduction, and acts of lasciviousness are only prosecuteable when initiated by the offended woman, or parents/grandparents/legal or judicial guardians, or the state (if the offended party dies or becomes incapacitated).

Preliminary Investigation

• Preliminary investigation determines if there's probable cause for a crime and the potential guilt of the suspect.
• It's required for serious offenses (e.g., those punishable by at least 4 years, 2 months, and a day).
• Often necessary before filing a complaint or information.
• It's not required if the arrest is valid and warrantless and shall proceed in inquest. If there is probable cause, a warrant for arrest can be issued.
• If there's no probable cause, the case is dismissed.

Purposes of Preliminary Investigation

• Ensuring a well-founded belief that a crime has occurred.
• Determining the likelihood of the suspect's guilt.
• Preserving evidence and witness control.
• Determining bail amount for offenses that allow bail.

Who Can Conduct Preliminary Investigation

• Provincial or City Fiscal and their assistants
• State Prosecutors (national or regional)
• Other offices authorized by law

Procedure for Preliminary Investigation

• The complaint or information is filed, the court decides.
• The case is ultimately dismissed or held for trial with information/resolution.

Resolution by Investigating Prosecutor

• The Prosecutor or authorized officer investigates the complainant and witnesses.
• Reasonable ground for believing a crime was committed is verified.
• The accused is informed of the complainant and evidence against them.
• The accused is given an opportunity for rebuttal.
• Cases without preliminary investigation, or governed by Summary Procedure do not require it.

Filing of Information

• A complaint is a sworn statement of an offense committed.
• Information is an accusation, filed by the prosecutor in writing.
• Both documents outline charges against one or more people involved.

Notes

• For many offenses, there are preliminary prerequisite actions, like mediation, that need to be fulfilled prior to pursuing the case in court.
• Criminal actions are generally under the direct control of the prosecutor throughout the process.

Section 8, Rule 112 Records

• Preliminary investigation records aren't automatically part of the trial record, requiring introduction as evidence.
• Courts aren't mandated to receive notice of these records.

Section 9, Summary Procedure

• In cases not requiring a preliminary investigation, various rules/procedures will apply.

Inquest Proceedings

• Informally examines suspects taken into custody without a warrant.
• Designed to determine whether they should remain under detention or be charged in court.
• Time-limited proceedings to determine legality of arrest and custody.

Arrest, Defined

• Arrest is the taking of a person's custody to answer for a crime committed.
• Arrest is a restraint on a person, depriving them of their freedom, and compelling obedience to the law.
• Warrants of arrest have no expiry dates; are valid until arrest is made or warrant is withdrawn.

Remedy for Improperly Issued Warrants

• A petition to quash the warrant is the proper remedy for an improperly issued warrant, not habeas corpus.
• Posting bail doesn't prevent challenging an illegal arrest.

Modes of Arrest

• Officers and private citizens have different protocols for effecting arrests and confiscating objects.
• Objects, fruit of a crime, objects useful for committing violence and objects for escape, can be confiscated.

When a Warrant of Arrest May Issue

• If, after review, the judge believes that probable cause exists for the crime, a warrant of arrest or commitment order may be issued (after the arrest occurs).
• The Warrant would be issued with sufficient supporting evidence and probable cause.

Arrest Without Warrant, When Lawful

• Lawful without warrant when the officer witnessed the crime, the crime just happened, or the suspect is a detained prisoner escaped from custody. (Other examples to consider include if the perpetrator is found within a lawful arrest and subsequently escapes)

Arrest After Escape, Rescue

• Law enforcement can arrest those who escaped lawfully from arrest without warrant at any time within the country.

Right of Attorney/Relative to Visit Arrested Person

• Specific laws (e.g., RA 7438) outline the rights of an arrested, detained, or investigated person regarding visits by counsel or family.

Method of Arrest

• Arrest methods are different based on the arrest warrant's presence
• Arrested persons are required to be read their rights.

Exception to Warrant Requirement and Arrest Requirements

• Exception conditions would apply to warrants for arrest.
• Exceptions conditions to arrest would apply where necessary.

Requisites of a Valid Warrant of Arrest

• Probable cause is required for warrant issuance.
• The warrant must explicitly identify the person to be arrested and specify the crime, with details determined by a judge reviewing evidence.

Determination of Probable Cause

• Probable cause implies enough evidence to reasonably suspect the crime. It differs based on the judicial authority.

Tests in Determining the Use of Lethal Force

• Reasonableness of an officer's conduct and necessity of force for the arrest determine the appropriateness of the force
• The test for the use of lethal force will be based on the conduct of the arresting officer, and the conduct of the arrested person.

Bail

• Bail is security for a person's release from custody upon court appearance.
• Conditions for bail are prescribed by the rule.

Forms of Bail

• Corporations or others can act as sureties and can provide property bond (collateral) or cash as security.
• Recognizance is an obligation to abide by the court's conditions.

Prosecution Witnesses as Bail

• Witnesses for prosecution may also be required to post bail.

Bail: Right; Exceptions

• Bail is usually a right both before or after a lower court conviction, and before conviction by a Regional Trial Court, except in death penalty cases, or crimes with reclusion perpetua, or life imprisonment, when evidence of guilt is strong (and some other possible exceptions).

Bail: When Discretionary

• Depending on some circumstances and conditions involving the charge, a convicted person may or may not be eligible for bail.
• In several cases, bail in discretionary based on the weight of the evidence against a convicted person.

Capital Offense; Defined

• Capital punishment is an offense punishable by death based on laws existing at the time of commission and when the bail request is heard.

Capital Offense Not Bailable

• Capital offenses and some others are not bailable when evidence of guilt is strong.
• An exception is when the accused is a legally recognized minor.

Burden of Proving Strong Evidence of Guilt

• The prosecution has the duty to establish evidence that clearly demonstrates guilt.
• The standard for determining guilt is strong evidence.

Instances Where Accused May be Released Without Bail

• The case is an offense punishable by a maximum of 6 months imprisonment, or a fine of P1,000.
• The accused is a youthful offender that requires a physical or mental exam.
• In other conditions for bail or for cases that might involve the release without putting bail or with reduced bail .

On Reduced Bail/Recognizance

• A person in lawful custody for a period equal to or exceeding the minimum penalty for their alleged crime, without the indeterminate sentence law, will be released with reduced bail or on their own recognizance.

Rule on Summary Procedure; Criminal Cases

• Summary procedures are for certain infractions or crimes.

Under the Revised Rules on Summary Procedure

• General rule is no bail.
• Exceptions include warrants, recidivism, fugitives, or those who have no known residence.

Bail, Where Filed

• File bail requests with the appropriate court handling the case, which is usually where the case is pending.

Release on Bail

• An admitted bail is guaranteed release from custody.
• Officers who are dishonest and fail to release inmates are legally responsible.

Forfeiture of Bail

• If the accused fails to appear in court (as required) within 30 days, the bonding party must appear with the accused or justify the absence of the accused.

Arrest of Accused Out on Bail

• Bail does not prohibit re-arrest if the accused attempts to flee.

No Bail After Final Judgment; Exception

• Generally, no bail after a final judgment; exceptions
• Bail may be considered when the accused's health and wellbeing is jeopardized.

Exception to Bail After Final Judgment

• Exceptions occur when probation application affects bail determination.

Court Supervision of Detainees

• Courts must prevent physical or psychological abuse of detainees and ensure suitable detention conditions.

Bail Not a Bar to Objection

• Objection over an illegal arrest does not preclude the accused from posting bail.

Rights of the Accused

• Accused has the right to be informed, remain innocent, speedy and public trial, a right to an appeal, defense counsel, and confrontation (cross-examination).

To be Presumed Innocent

• Accused is presumed innocent until proven guilty beyond reasonable doubt, and the standard is moral certainty.

To Be Informed of the Nature and Cause of the Accusation Against Him

• Accused must be clearly informed of the charges, including any lesser offenses that might be relevant.

To Be Present and Defend in Person and by Counsel at Every Stage of the Proceeding

• Generally, the accused must be present for arraignment and judgment, but this varies based on the offense and the nature of the case.

Effects of Waiver of the Rights to Appear By the Accused

• If the accused waives the right to appear, the prosecution can present evidence, and the court can reach a decision without that evidence.

Trial in Absentia

• Trial in absentia is possible if the accused doesn't appear, or is properly notified

Requirements for Trial in Absentia

• The accused needs to be arraigned and notified, with unjustified absence legally necessary.

Right to Counsel

• Counsel involvement is needed throughout legal processes and the court is mandated to provide counsel for those who cannot afford one, at arraignment.

Right to Confront and Cross-Examine Witnesses

• The accused can confront witnesses related to their case (in person) to verify their claims under investigation.

Right to Speedy, Impartial, and Public Trial

• There is a legal mandate to provide courts with guidelines for reasonable dispatch to consider factors such as delay, right assertion, and resulting prejudices.

Right to Appeal

• There is a right to appeal judgments. Appeal rights vary based on case specificity, and cannot be waived during capital punishment proceedings.

Duty of the Court After Arraignment of an Accused

• The court is duty-bound to organize pre-trial conferences for plea bargaining, evidence stipulations, objections waivers, and to expedite the process fairly.

Time Limit for the Trial of Criminal Cases

• Trials are generally limited to 180 days from the start, not absolute.
• Exception provisions for cases with lighter charges exist.

When Shall Trial Commence After Arraignment

• Trials typically begin within 30 days of arraignment, but extensions are permissible.

Arraignment

• Arraignment is formally notifying a person of the charges, and involves a formal plea entry (by the accused).

Period for Arraignment of the Accused

• Arraignment must occur within 30 days of filing the information or the date of appeal.

Where and How Made

• Arraignment occurs in open court, where the suspect is read the charges, presented with the witness list, and asked for their pleading.

Rules

• Trial in absentia is allowed post-arraignment if the accused lacks valid justification for non-appearance.
• An amended information necessitates a repeat arraignment.

Plea

• A plea is a matter stated by the accused regarding the charges during arraignment.

Period to Plea

• Time limits for entry of pleas differ based on the presence (if applicable) of preventive detention.

When Should a Plea of Not Guilty Be Entered

• Pleas of not guilty are entered when the accused is formally charged, justifies the act.
• Or introduces arguments of lawful defense, self-defense, or exculpatory circumstances not initially considered.

Pre-Trial

• Pre-trial is mandatory.
• Court handles plea bargaining, fact stipulations, evidence marking, waivers, trial order modifications, and case aspects in a fair and speedy trial.

Requisites Before Pre-Trial Agreement Use as Evidence

• Pre-trial agreements are only admissible when written. In court, these agreements are signed by the accused and their representative.

Plea Bargaining

• Parties (accused, complainant, and prosecutor) agree on a suitable resolution (to the case).
• Court approval is often needed.

Trial

• A court determines the facts of an issue.
• Trials commence within 30 days of pre-trial orders.
• Continuous trial procedures and reasonable postponements are observed until case resolution.

Requisites for Trial Postponement

• To have a trial postponed due to a witness' absence, the court needs to be shown that the witness is essential, delays were unavoidable, and that an equivalent form of evidence cannot be located.

Judgment; Definition and Form

• A judgement affirms or denies the accusation by a court of law.
• The judgement's form and content are structured in accordance to the law.

Contents of the Judgment

• Judgements must be written in official language.
• Judgments include a concise statement of the facts, and the law.

Reasonable Doubt, Acquittal

• Reasonable doubt means the court is not sure about the facts or charge that a conviction is not warranted, causing acquittal.
• Acquittal is when the prosecution fails to prove guilt beyond a reasonable doubt or there is no evidence.

Grounds for a New Trial

• A prejudiced trial warrant can result in a new trial if serious errors occur.
• New evidence also warrants a new trial.

Grounds for Reconsideration

• Motion for reconsiderations to the judgment made by a trial court (based on legal or factual errors) must be filed in 15 days post judgment

###New Trial, Reopening of Case

• There is a time limit to file for a new trial after a judgment is rendered.
• Courts may reopen the case before a judgment in the exercise of their discretion.

Test your knowledge on the key concepts of criminal procedure, including the roles of bondsmen, the requirements for bail, and the actions taken after charges are filed. This quiz also covers the preliminary investigation process and the significance of various legal terms and organizations involved in criminal law.