Tiêu đề Riano - Criminal Procedure 2016.pdf ✅

Philippine Copyright 2011, 2016 by "''1 {,AILLJl.....a,..J>v"~,.1\..~,~~, ... "".- ~ " 11VILLARD H, R1AJ\JO ISBN 978-971-23-8035-8 No portion of this book may be copied or reproduced in books, pamphlets, outlines or notes, whether printed, mimeographed, typewritten, copied in different electronic devices or in any other form, for distribution or sale, without the written permission of the author except brief passages in books, articles, reviews, legal papers, and judicial or other official proceedings with proper citation. Any copy of this book without the correspond- ing number and the signature of the author on this page either proceeds from an illegitimate source or is in possession of one who has no authority to dispose of the same. 05-RL-00064-0 ALL RIGHTS RESERVED BY THE AUTHOR 0445 No. ____ _ a R'u PRI.DT1 ~- Ul mi~ ·• ... ~u ''iinffi.. ~i, ·1nc i.f[rn;, . Typography & Gn:ative Uthograpl\y 84 P. Florentino St., Quezon City Tel. No. 857-77-77 DEDICATION Nina ... Daddy ... Mommy ... Nonong . .. Neneng . .. Christopher iii
iv PREFACE It is worth reiterating, in this edition, that this work is written primarily for the bar reviewee and the law student who need to be adequately equipped with the "core" knowl- edge required to hurdle the bar examinations. It is based on a deep-seated philosophy that passing the bar examinations re- quires a quick recall of the law and the rules. Hence, topics in this work have emphasized the very substance of the Rules of Court, a treatment traditionally referred to by academicians as a 'codal' approach. While the framework of this material is mainly codal- based, it is supported by cases which mirror the current position of the Supreme Court on vital issues in the criminal litigation process. Cases have been judiciously selected to permit the reader to appreciate how the Supreme Court grappled with and settled a wide range of issues arising in the various stages of criminal procedure. The scope of this book reveals its having no pretensions of being an exhaustive treatise on criminal procedure. Honest efforts have been taken to strip it of materials which veer away from what is fundamental and basic to allow a reasonably wide room for the reader to focus on procedural principles and concepts which may be utilized by the examiner in the framing of bar questions. As he goes through the variou~ concepts of procedural law, the student is reminded that the principles underlying criminal procedure, like those of any other procedural rule, are construed liberally to meet the demands of justice. In our academic life we have always been beset by ques- tions on matters involving consistency in the application of the rules. We have actually endeavored to show that there are V
no inconsistencies, and in order to fully appreciate the wisdom of Court decisions, the student must be aware that each case is decided in accordance with the facts and the issues raised by the parties. While our concern for the academic· needs of our law students supplied the motivation for us to start and complete this work, the invaluable participation of Sedfrey T. del Rosario, Mary Ann S. Esteban, Lee Anne Joy T. Babierra, and Lydia L. Buhain in the publication of this work is sincerely acknowledged for without their tremendous encouragement, assistance, and editorial skills, this material would not have seen the light of day. Lastly, the bar candidate and the law student are asked to consider this work as a humble recognition of their perse- verance and their unwavering commitment to their future in the legal profession. Quezon City January 25, 2016 vi WILLARD B. RIANO CONTENTS Chapter I PRELIMINARY CONSIDERATIONS I -AN OVERVIEW OF THE CRIMINAL LITIGATION PROCESS Introduction................................................................................ 1 Commission of a crime............................................................... 4 Contact with the law.................................................................. 5 Institution of the criminal action; preliminary investigation ........ .. .................. ........ .. .. .. ....... 6 Duty of the court upon the filing of the complaint or information .... . . . . .... . .. . . .. . .. . . .. .. . .. .... .. . .. . . . . . .. . . . . . . . . . ....... .. .. . .. . . 11 Availment of provisional remedies............................................ 12 Bail ............................................................................................ 13 Arraignment............................................................................... 14 Motion to quash the complaint or information......................... 16 Pre-trial ..... .......... .. ......... ..... ................. .... . .......... ..... ... .. ... . . . . . .. . . . 17 Trial; demurrer.......................................................................... 18 Judgment.................................................................................... 19 Post-judgment remedies............................................................ 19 Entry of judgment...................................................................... 21 II. BASIC CONCEPTS Concept of criminal procedure................................................... 21 Ultimate goal of criminal procedure......................................... 22 The adversarial or accusatorial system.................................... 22 Liberal interpretation of the rules ........ ::.;................................ 23 A. Requisites for the Exercise of Criminal Jurisdiction...... 24 Requisites .. ......... ................. .... . . . ... .. ..... .............. ....... .. .. .... 24 Jurisdiction over the subject matter versus jurisdiction over the person of the accused (Bar 2000, 2014)..... 24 Jurisdiction over the territory; venue in criminal cases (Bar 1997) ........................................ ................ 25 vii