2.

Right to Be Presumed Innocent (Article III, Section 14(2))

An accused is presumed innocent until proven guilty beyond reasonable doubt.

3. Right to Counsel (Article III, Section 14(2))
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An accused has the right to be heard by himself and counsel at every stage of the
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F E AT U R E S ( / F E AT U R E S ) 4. Right to Speedy, Impartial, and Public Trial (Article III, Section 14(2))
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Courts and prosecutors must avoid unreasonable delay.
D E A R AT T O R N E Y ( / D E A R - AT T O R N E Y ) 5. Right Against Self-Incrimination (Article III, Section 17)
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ARTICLE SEARCH (/ARTICLES) An accused cannot be compelled to testify against oneself.
CAREERS (/CAREERS) 6. Right Against Double Jeopardy (Article III, Section 21)
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No person shall be put twice in jeopardy of punishment for the same offense.
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II. JURISDICTION IN CRIMINAL CASES

1. Exclusive Jurisdiction of the Regional Trial Courts (RTC)

Typically, offenses punishable by imprisonment exceeding six years (unless otherwise

January 22, 2025 (/bar/2025/remedial-law-legal-ethics-legal-forms/criminal-procedure) provided by law).
Special laws may also confer jurisdiction on RTCs (e.g., Dangerous Drugs Act,
CRIMINAL PROCEDURE (/bar/2025/remedial-law- Cybercrime Prevention Act, etc.).

legal-ethics-legal-forms/criminal-procedure) 2. Exclusive Original Jurisdiction of the Metropolitan or Municipal Trial Courts

(MeTC/MTC/MCTC)
REMEDIAL LAW LEGAL ETHICS & LEGAL FORMS

(/BAR/2025/CATEGORY/REMEDIAL+LAW+LEGAL+ETHICS+%26+LEGAL+FORMS)
Offenses punishable with imprisonment not exceeding six years, irrespective of the
amount of the fine.
Violations of city or municipal ordinances (unless the law specifically provides
Below is a comprehensive, high-level discussion of Philippine Criminal Procedure under the Revised otherwise).
Rules of Criminal Procedure (as amended), along with pertinent notes on legal ethics and references 3. Jurisdiction of the Sandiganbayan
to standard legal forms. This is not legal advice; rather, it is an overview intended for academic and
informational purposes. Offenses involving public officials of certain salary grades or those that involve graft and
corruption, where the imposable penalty is above certain thresholds defined by law.
4. Jurisdiction of Family Courts
I. CONSTITUTIONAL FOUNDATIONS
Criminal cases where one or both parties are minors, or cases involving offenses under
1. Due Process Clause (Article III, Section 1, 1987 Constitution) RA 7610 (Special Protection of Children Against Abuse, Exploitation, and Discrimination

No person shall be deprived of life, liberty, or property without due process of law. Act), if specifically conferred by law.

Ensures fairness in criminal proceedings. 5. Juvenile Justice and Welfare Act (RA 9344, as amended by RA 10630)
 Special rules governing cases of children in conflict with the law (CICL). Resolution: The prosecutor either dismisses the complaint or finds probable cause to file
Jurisdiction typically resides in Family Courts, with diversion programs and special an Information in court.
considerations. 3. Remedies

Motion for Reconsideration of the prosecutor’s resolution.

III. PROSECUTION OF OFFENSES Petition for Review to the Secretary of Justice.
Petition for Certiorari under Rule 65 of the Rules of Court if there is grave abuse of
1. Two Ways of Prosecution
discretion.
By Information filed by the public prosecutor or by the Ombudsman (in certain cases).
By Complaint filed directly in court (for private crimes such as adultery, concubinage) or
V. ARREST
for offenses cognizable by lower courts where no preliminary investigation is required.
2. Control of Prosecution 1. General Rule: An arrest is made by virtue of a valid warrant of arrest issued by a competent
court.
In the Philippines, public prosecutors have control over the criminal prosecution. Private
2. Warrantless Arrests (Rule 113, Section 5):
prosecutors may assist, but representation is under the direction and control of the
public prosecutor. In Flagrante Delicto: When the person to be arrested is caught in the act of committing,
3. Institution of Criminal Actions and Civil Actions attempting to commit, or having just committed an offense.
Hot Pursuit: When an offense has just been committed, and the arresting officer has
A criminal action includes the civil action for the recovery of civil liability arising from the
probable cause to believe based on personal knowledge of facts that the person to be
offense.
arrested has committed it.
The offended party may waive the civil aspect, reserve it for separate civil action, or
Escapee: When the person to be arrested is a prisoner who has escaped from
institute it jointly.
confinement or while being transported.
3. Rights of the Person Arrested:
IV. PRELIMINARY INVESTIGATION Right to be informed of the cause of the arrest.
1. Nature and Purpose Right to remain silent.
Right to counsel during custodial investigation.
Preliminary investigation is an inquiry 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. VI. SEARCH AND SEIZURE
It is conducted by a prosecutor or by certain authorized public officers (e.g.,
1. Search Warrant:
provincial/city prosecutors, judges in limited circumstances under older rules, though
largely phased out). Issued only upon probable cause in connection with a specific offense.
2. Stages Must particularly describe the place to be searched and the items to be seized.
2. Warrantless Searches and Seizures:
Filing of the Complaint and Affidavits: The complainant submits a complaint, supporting
affidavits, and documentary evidence. Search Incident to Lawful Arrest
Counter-Affidavits: Respondent is required to submit counter-affidavits and other Consented Search
supporting documents. Customs Searches
Clarificatory Hearing (if necessary): The investigating prosecutor may hold a hearing to Stop and Frisk based on genuine reason to believe a person is armed and dangerous
clarify facts.
 Exigent Circumstances (e.g., moving vehicles, checkpoint searches under certain Adequate time to study the charge.
conditions) 3. Plea of Guilty to a Lesser Offense
3. Exclusionary Rule:
Allowed only if the lesser offense is necessarily included in the offense charged and with
Evidence obtained in violation of one’s constitutional rights is generally inadmissible (the the consent of the prosecutor.
“fruit of the poisonous tree” doctrine). 4. Plea Bargaining

Negotiation between the defense and prosecution, subject to court approval. Common
VII. BAIL in drug cases under certain guidelines from the Supreme Court and the Department of
Justice.
1. Concept

The security given for the release of a person in custody, ensuring his appearance
IX. PRE-TRIAL
before any court as required.
2. Right to Bail 1. Nature of Pre-trial

Generally available to all persons except those charged with offenses punishable by A mandatory conference to consider plea bargaining, stipulation of facts, marking of
reclusion perpetua when evidence of guilt is strong. evidence, and other matters to expedite the trial.
For offenses not punishable by reclusion perpetua or life imprisonment, bail is a matter 2. Pre-trial Order
of right before conviction.
The court issues a pre-trial order reciting the actions taken, facts stipulated, evidence
3. Petition for Bail
marked, and any admissions made.
Filed in court; if the offense charged is punishable by reclusion perpetua or life 3. Sanctions for Non-appearance
imprisonment, the court conducts bail hearings to determine if the evidence of guilt is
If the prosecution or defense counsel fails to appear, the court may impose sanctions
strong.
such as dismissal (for the prosecution’s fault) or ex parte presentation of evidence (if
4. Forms of Bail
defense counsel is absent).
Cash Bail
Corporate Surety
Property Bond
X. TRIAL
Recognizance (allowed in certain circumstances, usually for indigent accused). 1. Order of Trial

Prosecution presents evidence to prove guilt beyond reasonable doubt.

VIII. ARRAIGNMENT AND PLEA Defense presents evidence to rebut prosecution’s case and/or prove any affirmative
defenses (e.g., self-defense).
1. Arraignment
Rebuttal or sur-rebuttal evidence, if necessary.
The reading of the Information or Complaint in open court to the accused in a language Formal offer of evidence by both sides.
or dialect he understands. 2. Rules on Evidence
The accused is asked to plead (guilty, not guilty, or, in some cases, conditional plea with
Governed by the Revised Rules on Evidence; hearsay is inadmissible unless it falls under
court approval if recognized by jurisprudence).
exceptions, best evidence rule applies, etc.
2. Rights During Arraignment
3. Demurrer to Evidence
Assistance of counsel.
 After the prosecution rests, the defense may move for dismissal on the ground of Available if the accused is convicted of an offense punishable by imprisonment of not
insufficiency of evidence. more than six years and has not been previously convicted by final judgment of an
If granted, results in acquittal (cannot be appealed by the prosecution without placing offense punishable by imprisonment of over six months.
accused in double jeopardy). Must be applied for within the period for perfecting an appeal.
If denied, the defense presents evidence.
4. Speedy Trial
XIII. EXECUTION OF JUDGMENT
The Speedy Trial Act (RA 8493) and Supreme Court circulars impose time limits on each
1. Finality of Judgment
stage of the criminal process.
When no appeal is filed within the reglementary period or when the highest court
renders a final decision.
XI. JUDGMENT 2. Issuance of Commitment Order
For convicted persons to serve their sentence in the appropriate penal institution.
1. Form of Judgment

Must be in writing, personally prepared by the judge, stating the findings of fact and
XIV. LEGAL ETHICS IN CRIMINAL PROCEDURE
conclusions of law.
2. Promulgation 1. Duties of Defense Counsel

Judgment is promulgated by reading it in the presence of the accused (unless waived). Competence and Diligence: A lawyer must serve the client with competence and
If the accused is absent without justifiable cause, the judgment is recorded but the diligence, ensuring that every possible defense is raised.
accused may lose remedies (e.g., the right to appeal in some instances). Confidentiality: A lawyer must maintain client confidences even after the lawyer-client
3. Acquittal or Conviction relationship ends.
Conflict of Interest: Must refuse representation or withdraw if the client’s interests
Acquittal: Accused is immediately released unless detained for another cause.
conflict with another client or the lawyer’s own interests.
Conviction: The penalty and the civil liability, if any, are determined. 2. Duties of Prosecutors

Impartiality and Fairness: The primary duty is to seek justice, not merely to convict.
XII. POST-JUDGMENT REMEDIES Disclosure Obligations: Must disclose exculpatory evidence to the defense.

1. Motion for New Trial or Reconsideration (Rule 121) Avoiding Wrongful Convictions: Refrain from prosecuting if evidence is insufficient or if
the accused’s constitutional rights were violated.
Based on newly discovered evidence, errors of law or fact, or irregularities in the 3. Candor Toward the Courts
proceedings.
Must be filed before the judgment becomes final. Both defense counsel and prosecutors must not mislead the court through false
2. Appeal (Rule 122) statements or evidence.
4. Observance of the Code of Professional Responsibility
The accused may appeal from a judgment of conviction to the appropriate appellate
court (RTC to Court of Appeals or Sandiganbayan, CA/SB to Supreme Court under The lawyer’s oath and the canons of the Code of Professional Responsibility govern
certain conditions). conduct in criminal proceedings (e.g., Canon 1: Uphold the Constitution, obey the laws;
The People (prosecution) may not appeal an acquittal due to double jeopardy, except on Canon 10: A lawyer owes candor, fairness, and good faith to the court).
purely legal questions raised via certiorari if there is grave abuse of discretion.
3. Probation (PD 968, as amended)
XV. LEGAL FORMS IN CRIMINAL PROCEDURE Used for different procedural requests during trial (e.g., requesting resetting, informing
the court of new counsel, etc.).
While each law office or court may have its own format, the following are standard forms and
pleadings commonly used:
XVI. PRACTICAL TIPS & BEST PRACTICES
1. Criminal Complaint
1. Observe Deadlines
Filed with the prosecutor’s office or court, accompanied by the complainant’s affidavit
and supporting evidence. Criminal procedure is replete with mandatory deadlines (e.g., for filing counter-affidavits,
2. Affidavit of Complaint / Affidavit of Witness motions, appeals). Missing them can be fatal to a case.
2. Maintain Proper Documentation
Used in preliminary investigation to set forth facts and circumstances of the alleged
offense. Ensure all pleadings and evidence are properly labeled, indexed, and secured.
3. Counter-Affidavit Keep a separate file for each criminal case.
3. Effective Communication
Respondent’s answer in preliminary investigation, with attached evidence.
4. Information With clients (the accused or complainant), ensuring that they understand the stages,
possible outcomes, and legal strategies.
Filed by the prosecutor in court if probable cause is found. It must state the name of the With the court and opposing counsel, ensuring professionalism and compliance with
accused, designation of the offense, and acts or omissions constituting the offense. ethical standards.
5. Motion to Quash 4. Prepare Thoroughly for Arraignment and Pre-trial

Challenges the validity of the Information on grounds such as lack of jurisdiction, Pre-trial can streamline the trial process significantly. Failure to identify and mark
defective form, or prescription of the offense. evidence or to propose stipulations can cause delays and disadvantage one’s case.
6. Petition for Bail / Bail Bond 5. Seek Plea Bargaining Opportunities

Application for the temporary release of an accused on bail, stating the amount offered Especially under drug laws or other statutes where Supreme Court guidelines may allow
or surety proposed. beneficial plea bargains. This can save judicial resources and secure more predictable
7. Pre-trial Brief outcomes for the accused.
6. Regularly Update Knowledge
Contains proposed stipulations, witness lists, and documentary evidence for pre-trial.
8. Formal Offer of Evidence Keep abreast of Supreme Court circulars, administrative matters, and new legislations
(e.g., the latest jurisprudence on warrantless searches, technology-related crimes, etc.).
Lists the pieces of evidence being offered and the purpose for which each piece is
offered.
9. Motion for Reconsideration/New Trial XVII. CONCLUSION
Filed post-judgment, citing newly discovered evidence or errors of law or fact. Philippine Criminal Procedure is anchored on constitutional guarantees of due process, the
10. Notice of Appeal presumption of innocence, and the right to a (/CONTACT)
speedy and impartial trial. At each stage—from the
filing of a complaint, 758791 (TE
+ 6 3 9 9 8 9preliminary L : + 6 3 9 9 8 9 7arraignment,
investigation, 58791) C O Nand
trial, TA Ceven ( / C O N TA C T ) remedies
T U Spost-judgment
Filed by the accused if convicted, within the time allowed by the Rules.
—the Rules of Court, statutes, and constitutional mandates interplay to ensure justice and fairness.
11. Manifestation and Motion (various forms)
Legal ethics permeate every step of criminal litigation: prosecutors must prosecute only upon (mai (http (http (http (http (http
probable cause and must uphold fairness; defense counsel must advocate zealously but within the
bounds of honesty and candor; judges must remain impartial arbiters of fact and law. Meanwhile,
legal forms provide the procedural framework to present and defend one’s case properly.

Staying well-informed of the latest rules, jurisprudential developments, and ethical canons is vital to
effective and ethical practice in criminal law. While the above is a broad outline, the actual practice
demands meticulous application tailored to individual cases. Always consult the updated Rules of
Court, Supreme Court circulars, and relevant laws for precise compliance with procedural
requirements.

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