CRIMINAL PROCEDURE (First Semester Cases 2016-
2017
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UNIVERSITY OF SANTO TOMAS
Editors: Tricia Lacuesta
Lorenzo Luigi Gayya
Cristopher Reyes
Macky Siazon
Janine Arenas
Ninna Bonsol
Lloyd Javier
CRIMINA
L
PROCED
URE
First Sem Cases
CRIMINAL PROCEDURE (First Semester Cases 2016-
2017
Table of Contents
Criminal Procedure
4
General Matters
4
Criminal Jurisdiction
4
Prosecution of offenses
4
Effect of institution of the criminal action on the prescriptive period4
Control of Prosecution
8
Complaint and Information
9
Sufficiency of complaint or information
10
Date of commission of offense
13
Designation of offense
14
Name of the accused
17
Qualifying and Aggravating circumstances18
Amendment and substitution of complaint or information
19
Venue for criminal actions
21
Intervention of offended party
23
Prosecution of civil action
24
Rule on implied institution of civil action with criminal action
24
Independent civil actions25
When separate civil action is suspended
26
No reservation of civil action in BP 22
26
Effect of death of the accused or convict on civil action
27
Prejudicial question
28
Preliminary Investigation
31
Nature and purpose of Preliminary Investigation
32
Probable cause
33
Who may conduct determination of existence of probable cause
37
Non-interference of the court in finding probable cause by prosecutor; exceptions
39
Right to bail pending preliminary investigation
42
Inquest Proceedings
42
Effect of absence of preliminary investigation
43
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CRIMINAL PROCEDURE (First Semester Cases 2016-
2017
Arrest
44
Arrest, how made
44
Requisites of issuance of warrant of arrest
44
Arrest without warrant, when lawful
48
Method of arrest52
Waiver of objection on the irregularity of arrest
52
Bail 53
Nature
53
Application for bail must be in custody
54
When a matter of right, exceptions
55
When a matter of discretion
57
Application for bail in capital offenses
58
Guidelines in fixing the amount of bail
61
Remedy when bail denied
63
Forfeiture of bail63
Application for bail not a bar to objections on the illegality of arrest 64
Rights of the accused
64
Rights of the accused at the trial
64
Rights of the persons under custodial investigation
72
Arraignment and plea
76
Purpose76
Arraignment and plea
77
When may accused enter a plea of guilty to a lesser offense 79
Accused pleads guilty to capital offense
80
Plea of guilty to a non-capital offense
82
Suspension of arraignment
83
Motion to quash
83
Grounds
83
Double Jeopardy
88
Provisional dismissal
91
Trial 93
Trial in absentia 93
Requisites for discharge of accused as state witness
94
Judgment
98
Rule if accused fails to appear in the promulgation of judgment
98
Promulgation of Judgment
99
New trial or reconsideration
99
Grounds
99
Appeal
101
Appeal not a natural right
101
Who may appeal102
Where to appeal
104
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CRIMINAL PROCEDURE (First Semester Cases 2016-
2017
Effect of appeal 105
Effect of appeal by any of several accused 107
Appeal from the civil aspect
108
Neypes Rule applies to appeals in criminal cases
109
Search and seizure
109
Nature of search warrant109
