Criminal Procedure Code at Philippines
The Criminal Procedure in the Philippines is governed by the Rules of Court, specifically Rules 110 to 127, which outline the procedures for the prosecution and defense in criminal cases. These rules are designed to ensure a fair and just legal process for all parties involved. (Rules of Court of the Philippines: Rules 110 - 127 [Rules on Criminal Procedures])
⚖️ Key Provisions of the Philippine Criminal Procedure
1. Prosecution of Offenses (Rule 110)
Criminal actions are initiated by filing a complaint or information in the appropriate court.
The complaint or information must be in writing and filed by the prosecutor or the offended party. (Criminal Procedure 1900 (General Order No. 58))
2. Preliminary Investigation (Rule 112)
A preliminary investigation is conducted to determine whether there is sufficient ground to charge a person with a crime.
The accused has the right to be informed of the complaint and to submit evidence in their defense.
3. Arrest (Rule 113)
Arrest may be made with a warrant issued by a judge or without a warrant under certain circumstances, such as when a crime is committed in the presence of the arresting officer.
4. Bail (Rule 114)
Bail is the security required to ensure the appearance of the accused in court.
The accused has the right to bail, except in cases where the penalty is death, reclusion perpetua, or life imprisonment.
5. Rights of the Accused (Rule 115)
The accused has the right to be informed of the nature and cause of the accusation against them.
They also have the right to remain silent, to have competent and independent counsel, and to be presumed innocent until proven guilty. (1964 Rules of Court - Philippines)
6. Arraignment and Plea (Rule 116)
The accused must be arraigned in open court, where the charges are read to them, and they enter a plea.
If the accused pleads guilty, the court proceeds to sentencing. (Criminal Procedure 1900 (General Order No. 58))
7. Pre-Trial (Rule 118)
A pre-trial conference is held to consider plea bargaining, stipulation of facts, marking of evidence, and other matters to expedite the trial.
Agreements made during the pre-trial are binding and must be approved by the court. (Rules of Court - Criminal Proceedure)
8. Trial (Rule 119)
The trial is conducted in open court, where both the prosecution and defense present their evidence and witnesses.
The accused has the right to confront and cross-examine witnesses against them.
9. Judgment (Rule 120)
The court renders a judgment based on the evidence presented.
If the accused is convicted, the court imposes the appropriate penalty and civil liability. (Rules of Court - Criminal Proceedure)
10. Appeal (Rule 122)
The accused has the right to appeal a judgment of conviction to a higher court.
The appeal must be filed within 15 days from the promulgation of the judgment. (Rules of Court - Criminal Proceedure)
📄 Accessing the Full Text
The complete text of the Rules of Court (Rules 110–127) is available through the LawPhil Project. (Criminal Procedure - The LawPhil Project)
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