Crimpro Notes

SANDIGANBAYAN JURISDICTION

ACCUSED PRINCIPAL AND PUBLIC OFFICER

Offense is in violation of RA 3019 (Ant-Graft and Corruption Practices Act), RA 1379 (Forfeiture Act), Bribery & Corruption of Public Officer

Officer holds title enumerated in Sec. 4 (A)

Under Subsec a-g Sec 4(A)1

Sandiganbaya n Regardless of Salary Grade

Under Sec 4(A)1-4 Officials of the Executive occupying positions of RD and higher, or has SG 27 or higer; Members of Congress and other official having SG 27 or higher; Members of Judiciary; Chairman and members of ConCom.

Sandiganbaya n

DANIEL EMERSON B ONG

Offense is NOT in violation of RA 3019, RA 1379, Bribery & Corruption of Public Officer

Officer does NOT holds title enumerated in Sec. 4 (A)

Salary Grade 27 or Higher

Sandiganbaya n

Salary Grade lower than 27

Holding Office mentioned in 4(A) - Note: not limited to 4(A) a-g

MTC/RTC Sandiganbaya n Appeal to Sandiganbaya n if offense is in re to office.

Offense NOT in relation to office

Offense is in relation to office. Constituent to office; or alleged in the complaint.

NOT Holding Office mentioned in 4(A)

Civil and Criminal Cases filed purusnat to and in connection with EO Nop. 1,2,14,14-A. Re: Illgotten wealth in the hands of Marcos and his pawnees.

Check Salary Grade

Salary Grade 27 or higher

Salary Grade less than 27

Sandiganbaya n

MTC/RTC

Sandiganbaya n

Appeal to Sandiganbaya n if offense is in re to office.

BASED ON THE BOOK OF RIANO AND DISCUSSION OF ATTY. SOLENG – 2017

DOJ AND OMB (Office of the Ombudsman) JURISDICTION Read: RA6770, sec15(1) & the 2012 memo signed by DOJ and OMB

OMB

PRIMARY

Those cognizable by SB.

CONCURRENT

2012 Memo signed by DOJ and OMB

OMB may take over of the investigation at anytime & file the necessary info to cout. If upon the filling of complaint in DOJ, and the same is falling the in the jurisdiction of OMB (those cognizable by SG), the DOJ must advise the complainant to bring it to OMB. Provided if they receive a complaint but later found out that this is cognizable by OMB, DOJ shall endorse it to OMB. Provided further, if there are multiple respondent and one respondent is cognizable by SB, DOJ must endorse it to OMB.

DANIEL EMERSON B ONG

DOJ and OMB has concurrent  jurisdictiojn over public officer not cognizable by SB. The offended party may be any public officer regardless of rank, committed the offense in re to office or not, as long as he receive emuluments (salary) fom the government. The office where such office is filed for PI, excludes the other. Provided that OMB may refer or endorse the cases to DOJ even after the case was filed 1st in OMB. Reason: OMB has lack of man power compared to DOJ.

BASED ON THE BOOK OF RIANO AND DISCUSSION OF ATTY. SOLENG – 2017

HOW CRIMINAL ACTION IS INITIATED

Offense

Requires Preliminary Investigation (Penalty atleast 4 yrs 2 mo 1 day, regardless of fine)

Questioning Legality of PI must be done before he enters his plea. General Rule File complaint to Investigating officer and shall be accompanied with affidavits of the complainant and his witnesses as well as other supporting doc. Affidavits must be subs cribed and sworn to b4 any prosecutor or gov. official authorized to admister oath, or in the absense or unavailability, before a notary public. and certified that he personally examined the affiants and satisfied that it was voluntarily executed and the affidavits were understood. Investigating Officer then evalutes the complaint and must decide within 10 days if there is probable cause or not. Finds reason to proceed Issue subpoena with the copy of complaint and supporting affidavits and documents

Finds no ground Dismiss the case

Exception to the Exception

If accused is lawfully arrested w/out a warrant The complaint or information may, nevertheless, be filed by the prosecution as long as an inquest has been conducted. (Presupposes the availability of inquest prosecutor)

If respondent cannot be subpoenaed or if s ubpoenaed but does not submit counter-affidavit, IO will resolve complaint based on the evidence presented by complainant. - ex parte investigation IO may set a hearing to clarrify facts and issue. But no examination or cross-examination by the complainant and defendant. Hearing must be held w/in 10 days from submission of counter-aff or expiration of period for submission, it shall terminate w/in 5 days. IO must determine WON there is sufficient ground for trial w/in 10 days. See Sec 4, Rule 113 Recommend filing of an information. Prepare the Info, certification and resolution. Resolution may be subject to review by Sec. of Justice (He may reverse or modify.)

DANIEL EMERSON B ONG

Recommen d Dismissal.

Inquest Prosecutor will

First determine WON Arrest is valid. Second, Ask if will waive prov. of Art. 125 If valid and wont waive, Files Criminal Action or Recommend the release the detained for futher proceeding. Inquest investigation must only include questions relating to the reason of the arrest. If during the investigation they found the accused committed another offense, conduct separate PI.

To MTC

To Prosecutor

Exception

Inquest Prosecutor Not Available

sec. 3(b) Rule112 W/in 10 days, from receipt of subpoena, respondent shall submit counter-affidavits (his and witnesses) and other supporting docs. Must also be subscribed and sworn to and certified. Copy is furnished to complainant. No motion to dismiss in lieu of counter-affidavit is allowed.

File complaint or information in MTC, MTCC or complaint to the prosecutor.

Exception to the Rule & Exception to the exception

Inquest Prosecutor Available

If the complaint is to be filed in Manila and other chartered cities

Doesn't requires PI

Complaint or information will be filed directly w/ the proper court (MTC / MTCC) by offended party or arresting officer on the basis of the affidavits of such offended party or arresting officer.

To request PI Requisites: -Before complaint is filed, or After filing but made within 5 days from the time he learns of the filing of the complaint. (see p. 11) -Sign a waiver of the provision of Art. 125 RPC in the presence of counsel. *Notwithstanding the waiver, he can apply for bail even before he is charged. & PI must end w/in 15 days from start.

Note: Bail must be applied for and issued by the court in the provice, city, or municipality where the person arrested is held. Bail is available at the time the accused is under the custody of the law regardless infor or complaint was filed or not.

The prosecutor must act on complaint based on the supporting affidavits & other supporting docs. submitted by the complaint and witnesses. Diff in this case compare when PI is required, here prosecutor is not mandated to conduct full-blown trial. Advise in the future: still submit counter-affidavits let the prosecutor decide.

Judge evaluate the affidavits and other supporting documents submitted by complainant & witnesses. Since there is no PI, the rule grants court the OPTION to conduct a written personal examination under oath by the complainant and witnesses in the form of Q&A.

File to Prosecutor ONLY

Exception: Unless otherwise proveded in their charters.

Another Option: Require submission of additional evidence w/in 10 days from notice

Finds Probable Cause Issue warrant of arrest; Commitment Order (If already arrested); Summon (If judge finds no n ecessity to place under custody)

No Probable Cause Dismiss

Note: FILE directly to RTC if it is private crimes

BASED ON THE BOOK OF RIANO AND DISCUSSION OF ATTY. SOLENG – 2017

CONTINUATION FROM INVESTIGATING PROSECUTOR FORWARDING THE DOCUMENTS TO CITY, PROVINCIAL OR REGIONAL STATE PROSECUTOR

Investigating officer has 10 days to decide to hold trial or not.

Investigating officer decide to hold trial. Prepare resolution, information and certification of oath of the information. Sec. 4 Rule 112

Investigating officer recommend the dismissal.

Forward the records of the case for action; needs approval before filing or dismissal. w/in 5 days.

Provincial or city prosecutor, chief state prosecutor or the ombudsman must act w/in 10 days from the receipt & inform the parties of such action.

Approved. Disapproved. He may file by himself; or direct another assistant prosecutor or state prosecutor to do so w/out conducting another PI

DANIEL EMERSON B ONG

BASED ON THE BOOK OF RIANO AND DISCUSSION OF ATTY. SOLENG – 2017

Note: Filing of appeal does not hold/ prevent the  filing of the information, unless the Secretary of  Justice directs otherwise; Remedy of Aggieved Party

If there is pending resolution for review in DOJ and info is already filed in court, the accused can  file motion for suspension of the arraignment (max of 60 days) or  motion to suspend the trial (w/c includes suspension of arraignment) –   preferred. Both at the sound discretion of the  judge.

Determination of Prosecutor of PI

Determination of Ombudsman of PI

If it is tax matter, appeal to Court of Tax Appeals Regional State Prosecutor (For offenses cognizable by MTC)

MR To RSP

DOJ "may review" but not advisable

Secretary of Justice (For offenses cognizable by RTC)

President of the Philippines (If crime punishable by death, RP or life imprisonment)

Administrative Appeal CA - Rule 65

MR To Ombudsman

MR To Secretary of Justice (If penalty is not death, RP or life imprisonment)

CA - Petition for Certiorari under Rule 65

Judicial Appeal

DANIEL EMERSON B ONG

CA - Rule 43

Note: Different proceeding not appellate proceeding

SC - Petition for review on certiorari under Rule 45

SC - Petition for review on certiorari under Rule 45

Administrative Offense

Criminal Offense

SC - Rule 65 CA Rule 43

Note: Review is limited only to check grave abuse of discretion.

BASED ON THE BOOK OF RIANO AND DISCUSSION OF ATTY. SOLENG – 2017

Duty of the Court

DIRECT FILING FROM PROSECUTOR Information / Complaint is filed It must be supported by affidavits, counter-affidavits of the complainant and his witnesses and supporting evidence & resolution. (sec. 7 [a] Rule 112)

Judge evaluate the affidavits and other supporting documents submitted by complainant & witnesses. Judge does not conduct PI, only determine Probable Cause to issue warrant. (SAKTO BA?) Since there is no PI, the rule grants court the OPTION to conduct a written personal examination under oath by the complainant and witnesses in the form of Q&A.

Note: Record of the PI shall not form part of the record of the case.

Another Option: Require submission of additional evidence w/in 10 days from notice

Preliminary Examination If prosecutor conducted PI, judge no need to personally examine the complainant and witnesses, can only rely the resolution of prosecutor. But if no PI (not fullblown) must personally examine??? Within 10 days from filing of complaint Judge must personally evaluate the resolution of the prosecutor & the evidence supporting said resolution.

Finds Probable Cause

Does not find Probable Cause

Judge is not required to conduct a written personal examination under oath of the complainant & his witnesses.

Doubt the existence of Probable Cause

Finds Probable Cause

Finds no Probable Cause

Forward to prosecutor???

Dismiss

Order the prosecutor to present additional evidence

Finds no Probable Cause

Finds Probable Cause Issue warrant of arrest; Commitment Order; or Summon

Dismiss Issue warrant of arrest; Commitment Order; or summon. Note: Court acquires jurisdiction over person when the accused is arrested or when the accused voluntarily surrender. However "custody of court" =/= jurisdiction over person

DANIEL EMERSON B ONG

Dismissal; Final Order See p.221 book riano Note: Certiorari not proper remedy but Ordinary Appeal. Requirement: Notice of appeal only.

Note: If there is motion to dismiss the case or to withdraw the info  filed by public prosecutor either for insufficiency of evidence in the  possession of the prosecutor or lack of probable cause, the judge is not mandated to follow the prosecutor or DOJ because the has the control over the matter once the complaint is filed in court. To do so is to surrender a power constitutionally vested in the judiciary to executive. However, if judge agree with the dismissal, the remedy of the aggrieved party may file an appeal. (WHAT KIND OF APPEAL?)

BASED ON THE BOOK OF RIANO AND DISCUSSION OF ATTY. SOLENG – 2017

ADDITIONAL NOTES:

Different Kinds of Complaint

Filed in Prosecutor

Filed in Court

- Simple affidavit of complaint.

- name of the RP

- Name of the offended party.

- One which requires to comply with the Sufficiency and Form required by law.

- Sworn by the offended party. - Contain only factual naration made by the offended party.

DANIEL EMERSON B ONG

- sworn by offende party, peace officer, public officer

BASED ON THE BOOK OF RIANO AND DISCUSSION OF ATTY. SOLENG – 2017

DANIEL EMERSON B ONG ON THE BOOK OF RIANO AND DISCUSSION OF ATTY. SOLENG  – 2017

BASED