CRIMINAL PROCEDURE Rule 110 PROSECUTION of Offenses Criminal Procedure defined. Rules of law governing the procedure by which the crimes committed are investigated, prosecuted, adjudicated and punished. (IPAP) Goal of CRIMINAL LAW and PROCEDURE – to do justice Conviction must be based on the strength of the prosecution and not on the weakness of the defense. HOW ARE THE RULES OF CRIMINAL PROCEDURE CONSTRUED?  Liberally construed in favor of the accused  Strictly construed against the State Due Process In Criminal Proceedings 1. The court has Judicial power to hear and determine the matter 2. Lawful Jurisdiction acquired Over the person of the accused 3. The accused is Given an opportunity to be heard 4. Judgement rendered upon lawful hearing REQUISITES OF CRIMINAL JURISDICTION 1. Court authorize by law to take cognizance of offense 2. Offense made within its territorial jurisdiction 3. The person was brought in to its forum for trial either by warrant of arrest or voluntary surrender 4. The court has jurisdiction over the issues of the case. There can be no trial in absentia unless the accused is arraigned. JURISDICTION OVER THE ACCUSED CHARGED, HOW ACQUIRED. 1. Lawful arrest 2. Voluntary submission to the jurisdiction of the court. WHAT CONSTITUTES VOLUNTARY SUBMISSION TO THE JURISDICTION OF THE COURT? General Rule –one who seeks an affirmative relief by pleadings or motions is deemed to have submitted to the jurisdiction of the court PRINCIPLES OF VOLUNTARY SUBMISSION 1. 1. General Rule: MTC and RTC courts gain jurisdiction over the offense upon the filing of complaint by a complainant or an information by the prosecuting officer Court gains jurisdiction over the person of the accused upon arrest or surrender; such jurisdiction once gained cannot be lost even if accused escapes (Gimenez vs. Nazareno) Jurisdiction of the court over the offense is determined at the time of the institution of the action and is retained even if the penalty for the offense is later lowered or raised (People vs. Lagon) 2. Complaint – sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer or other public official charged with the enforcement of the law violated Information – accusation in writing charging a person with an offense, subscribed by the fiscal and filed with the court 3. Complaint and Information distinguished: Complaint Information A sworn statement Need not be sworn to Subscribed by the offended party, any peace officer or other officer Subscribed to by the fiscal