Criminal Procedure Reviewer

By ResIpsaLoquitor -
Criminal Procedure Reviewer

What is criminal procedure?

Criminal procedure is the method prescribed by law for the apprehension and prosecution of persons accused of any criminal offense
and for their punishment, in case of conviction.

What is criminal procedure concerned with?

Criminal procedure is concerned with the procedural steps through which the criminal case passes, commencing with the initial
investigation of a crime and concluding with the unconditional release of the offender. It is a generic term used to describe the
network of laws and rules which govern the procedural administration of criminal justice.

What are the sources of criminal procedure?

1. Spanish Law of Criminal Procedure
2. General Order No. 58, dated April 23 1900
3. Amendatory acts passed by the Philippine Commission
4. The various quasi acts, the Philippine Bill of 1902, the Jones Law of 1916, the Tydings-McDuffie Law, and the Constitution of
the Philippines
5. The Rule of Court of 1940, and the 1964, 1985, and 1988 Rules on Criminal Procedure
6. Various Republic Acts (RA 240, Judiciary Act, RA 8249 creating the Sandiganbayan, Speedy Trial Act)
7. Presidential Decrees
8. 1987 Constitution, particularly Art. III Bill of Rights
9. Civil Code (Art. 32, 33, 34)
10. Certain judicial decisions
11. RA 8393 The Speedy Trial Act
12. Circulars
13. The Revised Rules on Criminal Procedure (Dec 1, 2000)

What are the three systems of criminal procedure?

1. Inquisitorial – the detection and prosecution of offenders are not left to the initiative of private parties but to the officials
and agents of the law. Resort is made to secret inquiry to discover the culprit, and violence and torture are often employed
to extract confessions. The judge is not limited to the evidence brought before him but could proceed with his own inquiry
which was not confrontative.
2. Accusatorial – The accusation is exercised by every citizen or by a member of the group to which the injured party belongs.
As the action is a combat between the parties, the supposed offender has the right to be confronted by his accuser. The
battle in the form of a public trial is judged by a magistrate who renders a verdict. The essence of the accusatorial
system is the right to be presumed innocent. To defeat this presumption, the prosecution must establish proof of guilt
beyond reasonable doubt (moral certainty).
3. Mixed – This is a combination of the inquisitorial and accusatorial systems. The examination of defendants and other
persons before the filing of the complaint or information is inquisitorial.
The judicial set-up in the Philippines is accusatorial or adversary in nature. It contemplates two contending parties before
the court, which hears them impartially and renders judgment only after trial.

 Distinguish between criminal law and criminal procedure.

Criminal law is substantive; it defines crimes, treats of their nature, and provides for their punishment. Criminal procedure, on the other hand, is remedial or procedural; it provides for the method by which a person accused of a crime is arrested, tried and punished. Criminal law declares what acts are punishable, while criminal procedure provides how the act is to be punished.


to read more download the pdf and/or doc file below..

Download DOCX File

Disclaimer: I do not own any right or claim to this file.

Comments

Post a Comment

Popular posts from this blog

Case Digest: Ebralinag vs The Division Superintendent of Schools of Cebu GR No 95770 95887

By ResIpsaLoquitor -
Ebralinag, et al. vs. The Division Superintendent of Schools of Cebu GR Nos. 95770 and 95887                                                     March 1, 1993 Facts: The petitioners (Ebralinag, et al.) are elementary and high school students who were expelled from their classes by public school authorities for refusing to salute the flag, sing the national anthem and recite the patriotic pledge as required by RA 1265 and Department Order No. 8 of the DepEd. Jehovah's Witnesses admittedly teach their children not to salute the flag, sing the national anthem, and recite the patriotic pledge for they believe that those are "acts of worship" or "religious devotion” which they "cannot conscientiously give . . . to anyone or anything except God". They feel bound by the Bible's command to "guard ourselves from idols — 1 John 5:21". They consider the flag as an image or idol representing the State (p. 10, Rollo). They think the action of th
Read more

Case Digest: Estrada vs Escritor 492 SCRA 1 AM No P-02-1651

By ResIpsaLoquitor -
Estrada vs. Escritor, 492 SCRA 1, A.M. No. P-02-1651,  August 4, 2003 Facts: Escritor is the Court Interpreter of RTC Branch 253 of Las Piñas City. Estrada requested an investigation of respondent for cohabiting with a man not her husband and having a child with the latter while she was still married.Estrada believes  that Escritor is committing a grossly immoral act which tarnishes the image of the judiciary, thus she should not be allowed to remain employed  therein as it might appear that the court condones her act. Escritor admitted the above-mentioned allegations but denies any liability for the alleged gross immoral conduct for the reason that she is a member of the religious sect Jehovah’s Witness and Watch Tower Society and her conjugal arrangement is approved and is in conformity with her religious beliefs. She further alleged that they executed a “Declaration of Pledging Faithfulness” in accordance with her religion which allows members of Jehovah’s Witnesses who h
Read more

Tax Case Digest: ABAKADA Guro Party List vs. Ermita GR No 168056

By PactaSuntServanda -
ABAKADA Guro Party List vs. Ermita G.R. No. 168056                                       September 1, 2005 Facts: ABAKADA GURO Party List, et al., filed a petition for prohibition o questioning the constitutionality of Sections 4, 5 and 6 of R.A. No. 9337, amending Sections 106, 107 and 108, respectively, of the National Internal Revenue Code (NIRC).  Section 4 imposes a 10% VAT on sale of goods and properties; Section 5 imposes a 10% VAT on importation of goods; and Section 6 imposes a 10% VAT on sale of services and use or lease of properties; These provisions contain a provision which authorizing the President, upon recommendation of the Secretary of Finance, to raise the VAT rate to 12%, effective January 1, 2006, after specified conditions have been satisfied. Issues: Whether or not there is a violation of Article VI, Section 24 of the Constitution. Whether or not there is undue delegation of legislative power in violation of Article VI Sec 28(2) of the
Read more