COURSE SYLLABUS
COURSE TITLE: CRIMINAL
PROCEDURE
No. of Units: THREE (3)
INSTRUCTOR: ATTY. DARLING
CHYRMYTH WAGAS
A.Y. / Semester: 2022-2023/1ST
Department / Track: REMEDIAL
LAW
Class Schedule: TUESDAY (5:30PM7:30PM) & FRIDAY (5:30PM-6:30PM)
Teams Code: 7vhs363
Class Room: ONLINE/701
A. COURSE DESCRIPTION AND OBJECTIVES
A. A study of the procedural rules governing the investigation, trial,
and disposition of criminal cases in court, including jurisdiction of courts in
criminal cases and independent civil actions.
B. The course also develops familiarity with relevant legal forms.
C. The course explicitly integrates medical jurisprudence.
D. This course focuses on Rules 110-127 of the Rules of Court or
otherwise known as the Revised Rules on Criminal Procedure.
I.Learning Outcomes:
Upon completion of this course, students will be able to:
1. Grasp a basic understanding of the Rules of Criminal
Procedure.;
2. Recall the general rules and the exceptions, as well as the
important doctrines and landmark cases;
3. Know the answers or solutions to various legal problems by
applying the provisions of the current Rules of Criminal Procedure, as
reinforced by prevailing jurisprudence interpreting them;
4. Prepare themselves for the Bar Examination;
5. Apply the current Rules of Criminal Procedure and the
relevant jurisprudence in their legal practice as they navigate into the
slippery and complex maze of litigation, particularly on the matter of
the preparation of pleadings, going into trial, remedies against adverse
judgments or orders, and execution of favorable judgments in criminal
cases;
6. Become competent and ethical lawyers who are equipped with
adequate knowledge and skill in the proper application of the Rules of
Criminal Procedure in the conduct of their pursuit for truth and justice.
II.Methodology:
Models of teaching methods that the faculty may be adopt,
either singly or in combination with other methods, include:
1. Case Method – A system of legal teaching that focuses on
studying previous case law to highlight principles and prevailing
doctrines. Students are assigned to read cases before attending a class,
and are usually quizzed orally during class through the Socratic
method.
2. Collaborative Method – Law students undertake group
projects and discussions where they actively participate in the learning
process by interacting with each other and listening to other’s point of
view. Group members negotiate tasks, roles and responsibilities. The
students learn indirectly from the law faculty through constructed
group work, and directly from other students.
3. Lecture Method – A traditional method where an oral
presentation of information and insights is done by the law faculty. The
students are exposed to the reading, research, and experiences of the
lecturer. This provides the student with substantive knowledge and
understanding to develop their own perception and application of the
law.
B. TOPICS
WEEK
NO.
1-9
NO. OF
HOURS
27
MODULE TOPIC
Preliminary
Considerations
Basic Concepts
SUB-TOPICS
o Introduction to Remedial
&
Law
o Litigation in a Nutshell
o Systems
of
Criminal
Procedure
o Interpretation of Rules
o Due Process
and o Definition
of
Jurisdiction
o Jurisdiction over the Subject
Matter
o Jurisdiction over the Person
of the Accused
o Criminal Jurisdiction of the
MTC
o Criminal Jurisdiction of the
RTC
o Criminal Jurisdiction of the
Sandiganbayan
o Other alternative venues
- Crimes committed
on Trains, Aircraft,
Private Vehicle
- Crimes committed
on board a vessel
- BP 22 Cases
- Continuing Crimes
- Libel
- Estafa
1-9
27
Jurisdiction
Venue
1-9
27
Prosecution
of o Institutional
of
Criminal
Offenses (R.110)
Actions
o Summary Procedure
o Barangay Conciliation
o Real Party in Interest
o Complaint
o Information
o Sufficiency of Complaint and
Information
o Amendment
- Formal
- Substnatial
o Amendment vs Substitution
1-9
27
Prosecution of Civil o Civil
Actions
Deemed
Action (R. 111)
Instituted
o No Implied Institution
o Independent Civil Liability
o Reservation
o Prejudicial Question
1-9
27
1-9
27
Provisional
o
Remedies
in
Criminal Cases (R. o
127)
Preliminary
o
Availability
Remedies
Attachment
of
Provisional
Definition & Purpose
1-9
27
Investigation
(R. 112)
o Nature
o Preliminary Investigation vs.
Custodial Investigation
o Preliminary Investigation vs.
Inquest Proceedings
o Authority
to
Conduct
Preliminary Investigation
o Procedure
- As to Complainant
- As to Investigating
Officer
- As to Respondent
Arrests (R. 113)
o Arrests
By
Virtue
Warrant
- Definition
- Application
- Implementation
of
o Warrantless Arrests
- In flagrante delicto
- Hot Pursuit
- Arrest of Escapee
o Illegal Arrests
(and its
effects)
1-9
27
Search and Seizures o Search Warrant
- Definition
(R. 126)
- Application
- Implementation
o Warrantless Searches
- Search pursuant to
valid arrest
- Stop & Frisk (Terry
Search)
- Custom Search
- Checkpoint
o Cybercrime Warrants
1-9
27
Bail (R.114)
11-17
21
Rights
of
the o Innocence
Until
Proven
Accused (R. 115)
Guilty
o Informed of Nature and
Cause of Action Against Him
o Right of Accused to be
o
o
o
o
o
o
o
o
o
Definition
Purpose
Constructive Custody
Waiver of Right to Bail
Forms of Bail
Conditions of Bail
Bail as matter of Right
Bail as a Matter of Discretion
Denial of Bail
Present in Trial
o Right to Counsel
o Right to Testify in his own
behalf
o Exempt
from
being
compelled to be a witness
against himself
o Confront and cross-examine
the witness against him in
trial
o Compulsory process issued
to secure attendance of
witnesses and production of
other evidence in his behalf
o Speedy and impartial trial
o Right to appeal
11-17
21
Arraignment & Plea o
(R.116)
o
o
o
o
11-17
21
Motion to Quash
(R.117)
11 - 17
21
Pre-Trial, Trial
Demurer
Evidence
(R.118-119)
11-17
21
Judgment
&
Remedies
After
Judgment
(R.120,
122, 124, and 125)
o
o
o
o
Procedure for Arraignment
Time of Arraignment
Reading of Information
Entering of Plea
Plea Bargaining
Grounds for Motion to Quash
Form and Content
Double Jeopardy
Dismissal without express
consent of the accused
& o Pre-Trial Procedure
to o Continuous Trial
o Order of Trial
o Reverse Trial
o Trial of Several Accused
o Demurer to Evidence
- With Leave of Court
- W/o Leave of Court
o Demurer in Criminal vs. Civil
o Reopening
o
o
o
o
o
o
o
o
o
o
Form of Judgment
Conviction
Acquittal
Variance Doctrine
Promulgation of Judgment
Remedies against Conviction
Motion for Reconsideration
Motion for New Trial
Neypes Doctrine
Finality of Judgment
C. REFERENCES AND OTHER MATERIALS
o Revised Rules of Court
o A.M. No. 15-06-10-SC (Revised Guidelines for Continuous Trial of
Criminal Cases)
o Relevant cases assigned
o Any textbooks on Criminal Procedure (latest edition)
Suggested:
Criminal Procedure (The Bar Lecture Series) by Willard B. Riano
D. COURSE REQUIREMENTS AND GRADING SYSTEM
Class Activities
Description
Recitations
Faculty poses questions to elicit
understanding by the law students of
legal concepts and principles.
Midterm Exam
Written examination to obtain and
document information about student
achievement, skills, and ability. This
activity determines whether students
have
achieved
the
desired
competencies and intended learning
outcomes, as well as provide feedback
on how they can improve their learning
skills.
Written examination to obtain and
document information about student
achievement, skills, and ability. This
Semi-Final Exam activity determines whether students
have
achieved
the
desired
competencies and intended learning
outcomes, as well as provide feedback
on how they can improve their learning
skills.
Final Exam
Written examination to obtain and
document information about student
achievement, skills, and ability. This
activity determines whether students
have
achieved
the
desired
competencies and intended learning
outcomes, as well as provide feedback
on how they can improve their learning
skills.
Grade
Composition
25%
25%
25%
25%
Class Activities
Description
Grade
Composition
Passing Rate
75 %
100%
E. CLASS POLICIES AND HOUSE RULES
1. The class should select a Class Representative, whether voluntary or
by election. The Class Representative shall serve as the liaison officer
between the class and the professor. Official announcements of the
professor shall be coursed through the Class Representative, who, in turn,
has the duty to disseminate the announcements to the rest of the class.
2. During oral recitations, each student is expected to answer the
questions based on his knowledge of the topic. Looking at the notes, books,
and other instructional materials, and coaching are strictly prohibited. Any
violation of this rule shall be treated as an act of cheating and shall be
punished by a failing grade in the oral recitation.
3. Before any written examination is administered, an online lecture
shall be conducted by the professor to clarify and amplify points taken up
during the preceding oral recitations. During the lecture, the students are
encouraged to ask clarificatory questions or take up with the professor any
relevant concerns.
4. Except for meritorious reasons, which shall be determined and
assessed by the professors in accordance with his best light, and with prior
notice to the professor, no special examination is allowed.
5. The oral recitations and written examinations shall be administered
in person.
F. CONTACT AND OTHER INFORMATION
Professor’s Name: Darling Chyrmyth Wagas
Email Address: gls-assocdean@uv.edu.ph
Consultation Hours: By appointment
Gullas Law School, Dean’s Office
Colon Street, Cebu City
Prepared by:
Atty. Darling Chyrmyth Wagas (sgd.)
Instructor
Criminal Procedure