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Recoletos de Manila - College of Law Criminal Procedure: Reading Assignment

The document provides an overview of criminal procedure rules and jurisprudence related to pre-trial, trial, judgment, post-judgment remedies, habeas corpus, search and seizure in the Philippines. It discusses the rules and key cases on topics like pre-trial procedures, conduct of trial, demurrer to evidence, new trial or reconsideration, appeal, probable cause requirement for search warrants, warrantless searches, and remedies for unlawful searches. The document is an outline and reading assignment for a criminal procedure course.

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93 views

Recoletos de Manila - College of Law Criminal Procedure: Reading Assignment

The document provides an overview of criminal procedure rules and jurisprudence related to pre-trial, trial, judgment, post-judgment remedies, habeas corpus, search and seizure in the Philippines. It discusses the rules and key cases on topics like pre-trial procedures, conduct of trial, demurrer to evidence, new trial or reconsideration, appeal, probable cause requirement for search warrants, warrantless searches, and remedies for unlawful searches. The document is an outline and reading assignment for a criminal procedure course.

Uploaded by

Warly Pablo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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RECOLETOS DE MANILA - COLLEGE OF LAW

CRIMINAL PROCEDURE
ASP RYAN R.S. QUILALA

READING ASSIGNMENT
(PART 4)

I. PRE-TRIAL (RULE 118)

- RULE 118, Sections 1-4.


- A.M. No. 03-1-09-SC, 13 July 2004. (Pre-Trial)
- A.M. No. 04-3-05-SC, 09 March 2004. (Court-Annexed
Mediation)
- A.M. No. 04-1-12-SC, 29 August 2006. (Judicial Dispute
Resolution)
- Revised Guidelines for Continuous Trial of Criminal
Cases, A.M. No. 15-06-10-SC, 25 April 2017, Part III (8)
(f), Part III (9).

II. TRIAL (RULE 119)

A. Conduct of trial

i. Presence of the accused during trial

ii. Trial procedure

- Revised Guidelines for Continuous Trial of Criminal


Cases, A.M. No. 15-06-10-SC, 25 April 2017, Part III (11)
to (15).

iii. Discharge of accused to be state witness

- RULE 119, Sections 17-18.


- People vs. Dominguez, G.R. No. 229420, 19 February
2018.

iv. Mistake in the charge

- RULE 119, Section 19.

B. Demurrer to evidence

- RULE 119, Section 23.


- Revised Guidelines for Continuous Trial of Criminal
Cases, A.M. No. 15-06-10-SC, 25 April 2017, Part III (13)
(d).
- Macapagal-Arroyo vs. People, G.R. No. 220598, 19 July
2016.

C. Reopening of the case


- RULE 119, Section 24.

III. JUDGMENT (RULE 120)

A. Definition and form

- RULE 120, Sections 1-3.

B. Variance Doctrine

- RULE 120, Sections 4-5.


- People vs. Rellota, G.R. No. 168103, 03 August 2010.
- People vs. Caoili, G.R. No. 196342, 08 August 2017.

C. Promulgation

- RULE 120, Section 6.


- Revised Guidelines for Continuous Trial of Criminal
Cases, A.M. No. 15-06-10-SC, 25 April 2017, Part III (16)
(a).
- People vs. De Grano, G.R. No. 167710, 05 June 2009.

D. Modification of judgment (vis-à-vis reopening of proceedings)

- RULE 120, Section 7.

E. Entry of judgment

- RULE 120, Section 8.

IV. POST-JUDGMENT REMEDIES (RULES 121-125)

A. New Trial or Reconsideration

- RULE 121.
- Revised Guidelines for Continuous Trial of Criminal
Cases, A.M. No. 15-06-10-SC, 25 April 2017, Part III (16)
(b).

B. Probation

- Presidential Decree No. 968 (Probation Law), as amended


by Republic Act No. 10707.
- Hernan vs. Sandiganbayan, G.R. No. 217874, 05
December 2017.
- Colinares vs. People, G.R. No. 182748, 13 December
2011.

C. Appeal

- RULES 122, 124-125.


- People vs. Torres, G.R. No. 189850, 22 September 2014.
- People vs. Mamaril, G.R. No. 171980, 06 October 2010.
- People vs. Webb, G.R. No. 176864, 14 December 2010.
- Sampayan vs. CA, G.R. No. 156360, 14 January 2005.
- Padilla vs. CA, G.R. No. L-39999, 31 May 1984.

V. POST-CONVICTION REMEDY: HABEAS CORPUS

- RULE 102.
- In re: De Villa, G.R. No. 158802, 17 November 2004.
- Antonio R. Bautista, Habeas Corpus as a Post-Conviction
Remedy, 75 PHIL. L. J. 553 (2001).

VI. SEARCH AND SEIZURE (RULE 126)

A. Nature, definition, and legal foundation

- 1987 CONSTITUTION, Article III, Sections 2 and 3.


- RULE 126, Section 1.

i. What constitutes a “search”

- People vs. Marti, G.R. No. 81561, 18 January 1991.


- People vs. Domasian, G.R. No. 95322, 01 March 1993.
- People vs. Bongcarawan, G.R. No. 143944, 11 July 2002.
- Zulueta vs. Court of Appeals, G.R. No. 107383, 20
February 1996.

B. Types of searches

i. Searches with warrant

- Te vs. Breva, G.R. No. 164974, 05 August 2015.

o Where filed

 RULE 126, Section 2.


 A.M. No. 03-8-02-SC, 27 January 2004, Chapter V,
Sections 10-12.
 Laud vs. People, G.R. No. 199032, 19 November
2014.
 Pilipinas Shell vs. Romars International Gases, G.R.
No. 189669, 16 February 2015.

o Subjects of search

 RULE 126, Section 3.

o Probable cause requirement

 RULE 126, Sections 4 and 5.


 People vs. Salanguit, G.R. No. 133254-55, 19 April
2001.
 Corro vs. Lising, G.R. No. L-69899, 15 July 1985.
 Ogayon vs. People, G.R. No. 188794, 02 September
2015.

o Issuance and form

 RULE 126, Section 6.

o Enforcement

 Lifespan of Search Warrant


 RULE 126, Section 10.
 Mustang Lumber vs. Court of Appeals, G.R.
No. 104988, 18 June 1996.

 Time of conducting search


 RULE 126, Section 9.

 Knock-and-Announce Rule; Right to break-open


 RULE 126, Section 7.
 People vs. Huang Zhen Hua, G.R. No.
139301, 29 September 2004.

 Witness-to-Search Rule; Two-Witness Rule


 RULE 126, Section 8.
 Valleno vs. People, G.R. No. 192050, 09
January 2013.
 People v. Court of Appeals, G.R. No.
117412, 08 December 2000.

 Receipt of seized property


 RULE 126, Section 11.
 People vs. Go, G.R. No. 144639, 12
September 2003.

 Delivery and inventory


 RULE 126, Section 12.
 Tenorio vs. Court of Appeals, G.R. No.
110604, 10 October 2003.

ii. Searches pursuant to the Rule on Cybercrime Warrants

- A.M. No. 17-11-03-SC, 15 August 2018.


- Republic Act No. 10175, Sections 4-6.
- A.M. No. 03-03-03-SC, 15 November 2016.
- Worldwide Web Corp. vs. People, G.R. Nos. 161106 &
161266, 13 January 2014.

iii. Warrantless searches/seizures

o Search incident to a lawful arrest

 RULE 126, Section 13.


 Homar vs. People, G.R. No. 182534, 02 September
2015.
 Luz vs. People, G.R. No. 197788, 29 February 2012.
 People vs. Tudtud, G.R. No. 144037, 26 September
2003.
 Macad vs. People, G.R. No. 227366, 01 August
2018.
 People vs. Li Wai Cheung, G.R. Nos. 90440-42, 13
October 1992.
 Nolasco vs. Paño, G.R. No. L-69803, 08 October
1985. (N.B. Read the Main and Separate Opinions,
as well as the Resolution dated 30 January 1987
resolving the Motions for Partial Reconsideration)

o Search of moving vehicles

 People vs. Lo Ho Wing, G.R. No. 88017, 21 January


1991.
 People vs. Que, G.R. No. 120365, 17 December
1996.
 People vs. Mariacos, G.R. No. 188611, 21 June
2010.

o “Plain View” Doctrine

 People vs. Doria, G.R. No. 125299, 22 January


1999.
 People vs. Cubcubin, G.R. No. 136267, 10 July
2001.
 People vs. Leangsiri, G.R. No. 112659, 24 January
1996.

o Consented search

 People vs. Compacion, G.R. No. 124442, 20 July


2001.
 Caballes vs. Court of Appeals, G.R. No. 136292, 15
January 2002.
 People vs. Figueroa, G.R. No. 134056, 06 July 2000.

o “Stop and “Frisk;”Checkpoints/Roadblocks; other


minimally-intrusive searches

 People vs. Mengote, G.R. No. 87059, 22 June 1992.


 People vs. Encinada, G.R. No. 116720, 02 October
1997.
 People vs. Binad Sy Chua, G.R. Nos. 136066-67, 04
February 2003.
 Esquillo vs. People, G.R. No. 182010, 25 August
2010.
 People vs. Vinecario, G.R. No. 141137, 20 January
2004.
 Veridiano vs. People, G.R. No. 200370, 07 June
2017.
 Saluday vs. People, G.R. No. 215305, 03 April
2018.
 People vs. Manago, G.R. No. 212340, 17 August
2016.
 People vs. Canton, G.R. No. 148825, 27 December
2002.
 Dela Cruz vs. People, G.R. No. 209387, 11 January
2016.

o Exigent and emergency circumstances

 People vs. De Gracia, G.R. Nos. 102009-10, 06 July


1994.

o Search aided by canines; by thermal imaging devices

o Computer search (in the course of an administrative


investigation)

 Pollo vs. Constantino-David, G.R. No. 181881, 18


October 2011.

o Search in connection with enforcement of customs laws

 Salvador vs. People, G.R. No. 146706, 15 July


2005.

C. Legal effect of, and remedies against, unlawful searches and


seizures

i. Exclusionary rule

- 1987 CONSTITUTION, Article III, Section 3 (2).

ii. Motion to Quash/ Suppress

- RULE 126, Section 14.


- Stonehill vs. Diokno, G.R. No. L-19550, 19 June 1967.
- Ogayon vs. People, G.R. No. G.R. No. 188794, 02
September 2015.
- SEC vs. Mendoza, G.R. No. 170425, 23 April 2012.
- Solid Triangle Sales vs. Sheriff of RTC QC, Branch 93, G.R.
No. 144309, 23 November 2001.
- Santos vs. Pryce Gases, G.R. No. 165122, 23 November
2007.

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