Criminal Procedure Notes 6d464z

NOTES ON CRIMINAL PROCEDURE Preliminary Considerations CRIMINAL PROCEDURE

inquisitorial system. The court relies largely

A generic term to describe the network of

on the evidence presented by both sides in

laws and rules which governs the procedural

order to reach a verdict.

istration of justice Lays down the processes by which an offender is made to answer for the violation

REQUIREMENTS OF

of criminal laws.

DUE PROCESS IN A

Rules on criminal procedure, being part of

CRIMINAL PROCEEDING

the

Rules

construed

of

Court,

in

order

shall to

be

liberally

promote

P-

their

determine the matter before it; P-

proceeding. ADVERSARIAL

OR

ACCUSATORIAL

SYSTEM the

two

court

contending which

parties

hears

the accused is given opportunity to be heard

H-

Contemplates before

jurisdiction is lawfully acquired over the person of the accused

HTHE

the court/tribunal is properly clothed with judicial power to hear and

objective of securing a just, speedy and inexpensive disposition of every action and

P2H2

judgment is rendered only upon lawful hearing

them

impartially and renders judgment only after

trial.

REQUISITES FOR THE

This is the system which the Philippine

EXERCISE OF CRIMINAL

courts follow.

JURISDICTION

NTP

Two sided-structure: 

Prosecution



Defense

N-

over

the

nature

or

subject matter;

Q. Differentiate adversarial system from inquisitorial system. A.

Jurisdiction

T-

Jurisdiction over the territory; and

P-

Jurisdiction over the person of the accused.

In inquisitorial system, the court

JURISDICTION OVER THE NATURE OR

plays a very active role and is not limited to

SUBJECT MATTER

the evidence presented before it. The court

The power to hear and determine cases of

may utilize evidence gathered outside the

the general class to which the proceedings

court and a judge or a group of judges

in question belongs.

actively participates in the gathering of facts

Conferred by law therefore cannot be

and evidence.

fixed by the will of the parties or by mere istrative policy of any trial court.

In adversarial system, the counsels have

a

more

active

role

than

in

the

NOTES ON CRIMINAL PROCEDURE Preliminary Considerations JURISDICTION OVER THE PERSON OF THE ACCUSED Acquired either: 

Upon his arrest or apprehension, with or without warrant; or



His

voluntary

submission

or

appearance to the jurisdiction of the court Q. Did the court acquire jurisdiction over an accused who posted a bail where the warrant of arrest issued was subsequently found to be null and void? A. Yes. The giving or posting of a bail by the accused is tantamount to submission of his person to the jurisdiction of the court. The defendant waived all his rights to object by appearing and giving a bond.

CRIMINAL JURISDICTION OF COURTS

MTC, MCTC and MeTC