By:

Atty. ALFEGAR M. TRIAMBULO

SYSTEMS OF CRIMINAL PROCEDURE

A. Inquisitorial System

B. Accusatorial System
INQUISITORIAL SYSTEM

The prosecution of crimes rest

inclusively in the hands of the officers
and agents of the states who conduct
investigations under a clock of secrecy.
ACCUSATORIAL SYSTEM

The prosecution of offense under

this system is left in the hands of the
prosecuting arm of the government,
except those crimes committed
against chastity.
CRIMINAL PROCEDURE
1. Is the procedural steps through which a
criminal case passes, commencing with the
initial investigation of a crime and
concluding with the unconditional release
or imprisonment of the offender.
2. Is the method provided by the Rules of
court for the apprehension, prosecution
and punishment or acquittal of persons
accused of having committed a crime.
3. Is the general term to describe the network
of laws and rules which govern the
procedural administration of criminal
justice (Black’s Law Dictionary).
ARREST WITHOUT WARRANT

1. Caught in the act or in flagrante delicto

arrest
2. Hot pursuit arrest
3. Re-arrest of prisoners
4. Arrest by the bondsmand to surrender
the accused in court
5. Arrest of an accused who attempts to
leave the country w/o court’s permission
IN FLAGRANTE DELICTO ARREST

The peace officers or private

persons arrested a person who is
attempting to commit, or actually
committing or has committed an
offense in their presence.
HOT PURSUIT ARREST
The offense has just been
committed and the peace officer has
probable cause to believe based on
his/her personal knowledge of facts
and circumstances regarding the
offense that the person to be arrested
has committed it.
INQUEST PROCEEDING
It is an informal and summary
investigation conducted by a public
prosecutor in criminal cases involving
persons arrested and detained without the
benefit of warrant of arrest issued by the
court for the purpose of determining
whether or not said person should remain
under custody and correspondingly be
charged in court.
PROCEDURES OF INQUEST

1. The inquest prosecutor will examine the

documents and evidence submitted by any law
enforcement to determine if the arrest w/o
warrant is lawful;
2. If lawful arrest, the inquest prosecutor will
prepare information and file it in court w/in the
period specified under Art. 125 of the RPC;
3. If the arrest is not lawful, or he finds no
sufficient ground to hold the arrested person,
the inquest prosecutor will order the release of
such person from detention, but w/o prejudice
to the conduct of further investigation;
INQUEST PROCEDURES; continue
4. In the absence or unavailability of an inquest prosecutor,
a complaint may be filed by the offended party or
authorized peace officer/law enforcer w/in the period
specified under Art. 125 RPC on the basis of affidavit of
the offended party, arresting officer or person;
5. Before the filing of complaint or information, the person
arrested may ask for preliminary investigation to the
proper officer, but he must sign a waiver of the provision
of Art. 125 of the RPC w/ assistance of counsel;
6. And, he may also post bail while his case is undergoing
preliminary investigation. The PI shall be completed with
15 days.
PRELIMINARY INVESTIGATION (PI)
- It is an inquiry on proceeding to
determine whether there is sufficient
ground to engender a well founded belief
that a crime has been committed and the
respondent is probably guilty thereof and
should be held for trial.
PROBABLE CAUSE; defined

a. The term probable cause is the existence of such facts

and circumstances as would excite the belief, in a
reasonable mind acting on the facts within the
knowledge of the investigator, that the respondent is
probably culpable thereof.
b. It is an apparent state of facts found to exist upon
reasonable inquiry which would induce a reasonably
intelligent and prudent man to believe that the
respondent has committed offense complained of.
c. It is such a state of facts and circumstances would lead
a man of ordinary caution, acting conscientiously in the
light of such facts and circumstances, to believe that the
person complained of is probably culpable.
PURPOSE OF PRELIMINARY
INVESTIGATION:
a. To secure the innocent against hasty,
malicious and oppressive prosecution;
b. To protect him an open and public
accusation of crime, from the trouble
expenses and anxiety of a public trial;
and,
c. To protect the state from useless and
expensive trials
OFFICERS AUTHORIZED TO
CONDUCT PI

A. Provincial or City Prosecutor and their

assistants
B. National & Regional State Prosecutors
C. COMELEC
D. Special Prosecutor of the Ombudsman
CASES REQUIRING PI

- Preliminary Investigation is required

to be conducted on crimes or offenses
where the penalty prescribed by law is
at least 4 years, 2 months and 1 day
regardless of the fine.
PROCEDURES OF PI

• 1. Within 10 days from the filing of the

complaint, the prosecutor shall dismiss it if
he finds no ground to continue the PI,
otherwise, he shall issue a subpoena to
the respondent attaching the complaint
and supporting evidence and requiring
said respondent to submit his counter-
affidavit and supporting evidence.
2. The respondent has 10 days from receipt of the
subpoena to file his counter-affidavit and
supporting evidence, if he fails to submit of the
same, the prosecutor shall resolve the complaint
based on the evidence presented by the
complainant.
3. However, if the respondent submitted his
counter-affidavit, but there are issues to be
clarified from the parties or witnesses, the
prosecutor shall conduct a clarificatory hearing
which shall be terminated w/in 5 days.
4. Within 10 days after the termination of the
clarificatory hearing, the prosecutor shall resolve
the case based on the evidence submitted by the
parties.
5. If probable cause exists, the prosecution shall
prepare a RESOLUTION and INFORMATION. If
none, he shall recommend for the dismissal of
the case.
6. Within 5 days, the prosecutor shall forward the
records to the provincial, city or chief state
prosecutor for approval of his recommendation,
which either to file or dismiss the case. However,
if offense subject to the complaint pertains to the
jurisdiction of the Sandiganbayan, the records
shall be forwarded instead to the Ombudsman.
7.The provincial, city or chief state
prosecutor and the Ombudsman shall act
the recommendation of the investigating
prosecutor w/in 10 days from receipt of the
records of the case. If they disapproved
the recommendation dismissing the case:
(a) they themselves prepare an
INFORMATION an file the case; or
(b) assign another prosecutor to do so
w/out conducting another preliminary
investigation.
8. Either parties may file MR from the
adverse resolution of the prosecutors
w/in 10 days from receipt or file petition
for review to:
a. RSP - below 6 yrs. of imprisonment
b. CSP - above 6 yrs. of imprisonment
c. Secretary of DOJ for the resolution of
RSP and CSP
NOTE: resolution of the Ombudsman -
file MR or certiorari to the Court of
Appeals
RIGHTS OF A RESPONDENT IN PI

a. To submit counter-affidavit
b. To examine the evidence submitted by the
complainant
c. To be present in the clarificatory hearing

NOTE: It does not required the presence of the

respondent in the PI. What is required is that
he should be given the opportunity to counter
complainant’s evidence.
PROCEDURES ON CASES WHERE
PI IS NOT REQUIRED
1. Evaluate the presented
2. Conduct searching questions or answers
3. Require the submission of additional
evidence, if necessary
DUTY OF THE JUDGE
Within 10 days from the filing of the Complaint or
Information, the judge shall personally evaluate the
records of the case to determine the existence of
probable cause.

If probable cause exists, he shall issue a warrant

of arrest or commitment order if the accused has
been arrested w/out warrant.

If no probable cause, he shall dismiss the case.

But, in case of doubt on the existence of probable
cause, he shall require the prosecutor to submit an
additional evidence.
ACCUSED’S REMEDY WHO BELIEVES
THAT THERE IS NO PROBABLE CAUSE:

a. If the accused was deprived of his right to PI,

filing of motion w/in 5 days for the conduct of
necessary PI;
b. Filing with the trial court motion for the
determination of probable cause;
c. Filing motion to dismiss on the ground that no
probable cause exists; or,
d. If warrant of arrest has been issued, filing of
motion to recall or to quash the warrant
DEFINITION OF ARREST

Arrest is the taking of a person

into custody in order that he may
be bound to answer for the
commission of an offense.
INSTANCES WHERE WARRANT OF
ARREST SHALL NOT BE ISSUED:

1. When the case falls under the Rule on

Summary Procedure
2. When the imposable penalty of an
offense is fine only.
3. When the accused was arrested w/out
warrant.
RIGHTS OF OFFICER MAKING A LAWFUL
ARREST

1. May summon as many persons to assist

him in effecting the arrest.
2. May break into building or enclosure.
3. May break out from the building or
enclosure.
4. May use reasonable force to put a
person to be arrested in actual restraint.
RIGHTS OF ARRESTED PERSON
1. Right to be informed of his right to
remain silent; to be assisted with
counsel; and to be examined by a
physician.
2. Right not to be subjected to violence or
unnecessary force or torture
3. Right not to be detained incomenicado or
solitary confinement.
4. Right of visitation by his lawyer, doctor
priest, etc., and immediate family
DEFINITION OF BAIL

It is the security given for the

release of a person in custody of
law to guarantee his appearance
before a court of law.
KINDS BAIL OR SECURITY

1. corporate surety
2. property bond
3. cash deposit
4. recognizance
BAIL BOND

An obligation under seal given

by the accused with one or more
sureties and made payable to the
proper officer with the condition to be
void upon performance by the
accused of such acts as he may
legally be require to perform
RECOGNIZANCE

An obligation of record,
entered into before some court or
magistrate duly authorized to take
it with the condition to do some
particular act.
INSTANCES WHEREIN RECOGNIZANCE IS
GRANTED:
a. When the offense charged is for violation of an ordinance, a
light, or a criminal offense, the imposable penalty of which
does not exceed 6 months imprisonment and/or P2,000 fine,
under the circumstances provided in RA No. 6036;
b. Where the person has been in custody for a period equal to
or more than the minimum of the imposable principal
penalty, without application of the indeterminate Sentence
Law or any modifying circumstance, in which case the
court, in its discretion, may allow his release on his own
recognizance;
c. Where the accused has applied for probation, pending
resolution of the case but no bail was filed or the accused is
incapable of filing one; and
d. In case of a youthful offender held for physical and mental
examination, trial or appeal, if he is unable to furnish bail
and under circumstances envisaged in PD No. 603 as
amended.
WHEN BAIL IS A MATTER OF
RIGHT?
1. before or after conviction by the MetTC,
MTCC, MTC, MCTC of offenses with an
imprisonment from 1 day to 6 yrs.
2. before conviction by RTC of offenses
(not punishable by death, reclusion
perpetua or life imprisonment) but with
an imprisonment from 6 yrs. and I day
to 20 yrs.
WHEN BAIL IS A MATTER OF
DISCRETION:
1. After conviction by RTC of offenses
(not punishable by death, reclusion
perpetua or life imprisonment) but
with an imprisonment from 6 yrs. and
I day to 20 yrs.
2. Before conviction by RTC of offenses
punishable by death, reclusion
perpetua or life imprisonment
NOT ENTITLED TO BAIL
1. Before conviction by the RTC of
offenses punishable by death, reclusion
perpetua or life of imprisonment when
evidence of guilt is strong.
2. After conviction by the RTC of offenses
punishable by death, reclusion perpetua
or life of imprisonment (since his
conviction imports that the evidence of
guilt is strong)
3. Military personnel who was charged of
offenses in violation of article of war
FACTORS TO BE CONSIDERED IN FIXING THE
AMOUNT OF BAIL

a. Financial ability of the accused to give bail;

b. Nature and circumstances of the offense;
c. Penalty for the offense charged;
d. Character and reputation of the accused;
e. Age and health of the accused;
f. Weight of the evidence against the accused;
g. Probability of the accused appearing at the trial;
h. Forfeiture of other bail;
i. The fact that the accused was a fugitive from justice
when arrested; and
j. Pendency of other cases where the accused is on bail
NOTE:
The filing of bail is not a bar or waiver
to object:
1. an illegal arrest
2. lack of preliminary investigation (PI)
3. irregularities in the conduct of PI
PROVIDED, the above grounds should be
raised before the accused enters his of
guilty or not guilty.
RIGHTS OF THE ACCUSED

1. To presumed innocent until the

contrary is proved beyond
reasonable doubt.
2. To be informed of the nature and
cause of the accusation against him.
3. To be present and defend himself at
every stage of the proceedings, from
arraignment to promulgation of
judgment.
NOTE:
The accused can waive his right to be
present at the court proceedings EXCEPT
on the following stages:
a. arraignment
b. identification of the accused unless
stipulated on his bail
c. promulgation of judgment pertaining
to serious cases
RIGHTS OF THE ACCUSED; CONTINUE
4. To testify as witness in his own behalf
5. To be exempt from being compelled to be a
witness against himself (otherwise known as
“right against self incrimination)
6. To confront and cross-examine the witness
against himself
7. To have compulsory process issued to secure
the attendance of witnesses and production of
other evidence in his behalf
8. To have speedy, impartial and public trial
9. To appeal his case to a higher court
MOTION TO QUASH VS. NOLLE PROSEQUI:

The quashal of the complaint or

information is different from a nolle prosequi,
although both have one result, which is the
dismissal of the case.

A nolle prosequi is initiated by the

prosecutor while a quashal of information is
upon motion to quash filed by the accused.
GROUNDS FOR MOTION TO QUASH:
1. Facts charged do not constitute an offense
2. Court trying the case has no jurisdiction over the
offense charged
3. Court trying the case has no jurisdiction over the
person of the accused
4. Officer who filed the information had no authority
to do so
5. Information does not conform substantially to the
prescribed form
6. That more than one offense is charged (duplicitous
information)
7. Criminal action or liability has been extinguished
8. Information contains averments which, if true,
would constitute a legal excuse or justification
9. Double jeopardy
NOTE:

All grounds for MOTION TO

QUASH are deemed waived if not
raised before arraignment,
EXCEPT:
a. Facts charged do not constitute an
offense
b. Lack of jurisdiction
c. Criminal action or liability has been
extinguished
d. Double jeopardy
 KINDS OF DOUBLE JEOPARDY

1. No person shall be put twice in

jeopardy for the SAME OFFENSE.

2. When an act punished by a law and an

ordinance, conviction or acquittal
under either shall be a bar to another
prosecution for the SAME ACT.
REQUISITES FOR THE 1ST KIND OF
JEOPARDY:

1. Valid complaint or information

2. Court of competent jurisdiction
3. Valid arraignment
4. The defendant was acquitted,
convicted or the case was
dismissed without his express
consent or authority.
ARRAIGNMENT
It means bringing the accused into
court and informing him of the nature
and cause of the accusation against
him.
PLEA
It is an answer of the accused to
the charge or indicment after being
read to him.
GROUNDS FOR SUSPENSION
OF ARRAIGNMENT
1. There exists a prejudicial question.
2. Accused appears to be suffering from
an unsound mental condition.
3. There is a petition for review pending
before the DOJ. (NOTE: In the latter
case, the period shall not exceed 60 days
counted from the filing of the petition for
review)
HOW ARRAIGNMENT IS MADE:
1. In open court where the is filed or
assigned for trial.
2. By the judge or clerk of court
3. By furnishing the accused with a copy
of the complaint or information
4. Reading it in a language or dialect
known to the accused
5. Asking accused whether he pleads
guilty or not guilty
WHEN A PLEA OF “NOT GUILTY”
SHOULD BE ENTERED:
1. When accused so pleaded
2. When he refuses to plead
3. When he makes a conditional or qualified
plea of guilt (Accused pleads guilty but
adds “pero hindi ko sinasadya”)
4. When the plea is indefinite or ambiguous
5. When he pleads guilty but presents
exculpatory evidence (ex. Evidence to
prove complete self-defense)
DUTY OF COURT WHEN ACCUSED
PLEADS GUILTY TO A CAPITAL
OFFENSE:
1. Conduct a searching inquiry into
the voluntariness and full
comprehension of the
consequences of the plea
2. Require prosecution to present
evidence to prove the guilt and
precise degree of culpability of the
accused
3. Ask the accused if he desires to
present evidence in his behalf and
allow him to do so if he desires
PLEA BARGAINING
Negotiation of an agreement between
the accused, offended party and
prosecutor whereby the accused is
permitted to plead guilty to a lesser
offenses necessarily included in the
offense charge.

It usually involves the defendant’s

pleading guilty to a lesser offense or to
only one or some of the counts of a multi-
count indictment in return for a lighter
sentence than that for the graver charge.
NOTE:
After arraignment but before the
start of trial, that is, during PRE-TRIAL,
the accused can still negotiate for
PLEA BARGAINING after withdrawing
his/her plea of not guilty
IMPROVIDENT PLEA
It is a plea without information
as to all the circumstances
affecting it, based upon a mistaken
assumption or misleading
information or advice.
PRE-TRIAL
NOTE: Pre-trial is mandatory to all criminal
case. The purpose of which is to expedite
the proceedings.
Things to be considered during Pre-trial:
• Plea bargaining
• Stipulation of facts
• Marking of identification of evidence
• Waiver of objections to admissibility of
evidence
• Referral of the civil aspect of the case for
mediation. (Voluntary Court Mediation)
REQUIREMENTS FOR A VALID PRE-
TRIAL AGREEMENT:

1. It must be in writing
2. It must be signed by the accused
3. It must be signed by the counsel of the
accused
PRE-TRIAL ORDER
It is an order issued by the court
reciting the actions taken, the facts
stipulated and the evidence marked
during the pre-trial conference. Such
order binds the parties and limits the
trial to those matters no disposed of.
TRIAL

It is the examination before a

competent tribunal according to the
laws of the land, of the facts put in
issue in a case for the purpose of
determining such issue.
HEARING

It is no confined to trial but embraces

the several stages of litigation, including
the pre-trial stage.
A hearing does not necessarily imply
the presentation of oral or documentary
evidence in open court but that the parties
are afforded an opportunity to be heard.
ORDER OF TRIAL:
1. Prosecution presents evidence to prove the
charge and, in the proper case, the civil
liability.
2. The accused presents evidence to prove his
defense and damages, if any.
3. The prosecution, then the defense, may
present rebuttal and sur-rebuttal evidence
unless the court, in furtherance of justice,
permits them to present additional evidence.
4. Upon admission of the evidence by the
parties, the case is deemed submitted for
decision.
TRIAL IN ABSENTIA
1. the accused has been arraigned
2. he has been duly notified of the trial
3. his failure to appear is unjustified
REVERSE TRIAL
When the accused admits the
crime charge but interpose a lawful
defenses, the court may allow him to
present first his evidence and then the
prosecution present his rebuttal
evidence.
DEMURRER TO EVIDENCE

It is an examination by the court the

sufficiency of evidence after the prosecution
has rested his case or has already
presented his evidence. It can be done by
the court initiative or upon motion of the
accused with or without leave of the court
REOPENING OF THE CASE
Before the judgment is promulgated,
the accused or the prosecution can ask the
court to reopen the case or simply asking for
a continuation of trial in order that a new
evidence discovered can be presented and
considered by the court in its decision, if not
granted would result to miscarriage of
justice.
JUDGMENT; DEFINITIONS:
1. It is an adjudication by the court that the
accused is guilty or not guilty of the
offense charge and the imposition of
proper penalty and civil liability.
2. It is a judicial act which settles the
issues, fixes the rights and liabilities of
the parties as determines in the
proceedings.
3. It is regarded as the sentence of the law
pronounced by the court on the action or
question before it.
REQUIREMENTS OF A VALID
JUDMENT:

1. Written in official language

2. Personally prepared by the judge
3. Signed by the judge
4. Contains clearly a statement of facts and
the law upon it is based.
PROMULGATION OF JUDGMENT
It is the reading of the decision in open court
in the presence of the accused and his counsel for
serious offenses.
In case of light offenses, the reading of the
decision may be made in the presence of the
counsel of the accused or his representative.
PROMULGATION IN ABSENTIA

It is a recording of the judgment or

decision in the court’s docket and serving
the accused a copy thereof at his last known
address .
ENTRY OF JUDGMENT
It’s the recording of a final and
executory judgment in the book of
entry.
FINALITY OF JUDGMENT
A judgment becomes final:
1. After the lapse of the period for
perfecting an appeal.
2. When the accused started to serve his
sentence.
3. When the accused has waived his right
to appeal.
4. When the accused has applied for
probation.
MITTIMUS

It is a process issued by the court after

conviction to carry out the final judgment.

or, it is an order of the court that the

convict should now start serving his
sentence.
NEW TRIAL
1. Errors of law or irregularities prejudicial to the substantial rights of
the accused have been committed during the trial.

2. New and material evidence discovered which the accused could not
with reasonable diligence have been discovered produce at the trial
and which if introduced and admitted would probably change the
judgment.

3. Other grounds which the court may determine in the exercise of its
discretion
MOTION FOR RECONSIDERATION

It is a process of asking the judge to

take a second hard look on the evidence
of the movant and reconsider his decision
MOTION FOR RECONSIDERATION;
GROUNDS:

1. Error of the law

2. Error of fact in judgment
APPEAL

A proceeding for review by which the

whole case is transferred on the higher
court.
Who may appeal?
Any party (People of the Phil., thru the
solicitor general, private complainant or
victim and the accused provided that the
latter will not put into double jeopardy.
When and Where to file Notice of Appeal?
The Notice of Appeal shall be filed to
the court that rendered the decision and
within fifteen (15) days from the decision.

No Notice of Appeal is necessary if the

RTC imposed death penalty it will be
automatically reviewed by the CA/SB.
Transmission of Case Records
and Transcript of Stenographic
Notes
In case of death penalty, the records shall be
forwarded w/in 20 days but not earlier than 15
days from promulgation of decision to the CA/SB
for automatic review.
The stenographic notes shall be transcribed
w/in 30 days from the promulgation of sentence
and shall be transmitted to CA/SB w/in 10 days
after the filing thereof by the Stenographic
Reporter.