Notes in CRIMPRO

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AM-04-02-09-SC
DOJ Circular No. 08
DOJ Circular No. 20
DOJ Circular No. 27
DOJ Circular No. 28
DOJ NPS
Rule 110
Rule 111
Rule 112
Rule 113
Rule 114
Rule 119

Status	Last Update	Fields
Published	02/15/2025	What is an Amendment?
Published	02/15/2025	How is amendment effected?
Published	02/15/2025	When can a complaint or information be amended without leave of court?
Published	03/01/2025	When can a formal amendment be made after the accused has entered his plea?
Published	03/01/2025	What are the requirements for an amendment before pleas that downgrades the offense or excludes an accused?
Published	02/15/2025	What must the Court do when resolving a motion to amend before plea that downgrades the offense or excludes an accused?
Published	03/01/2025	What happens if a mistake in charging the proper offense is discovered before judgment?
Published	02/15/2025	What may the court require from witnesses when dismissing an information due to a mistake in charging the proper offense?
Published	02/15/2025	What is a plea?
Published	02/15/2025	What is leave of court?
Published	02/15/2025	What happens if there be substantial amendments in favor of the accused?
Published	02/15/2025	What happens if the accused cannot be convicted of the offense charged due to a mistake in charging the proper offense?
Published	02/15/2025	What must the court do when a mistake in charging the proper offense is discovered?
Published	02/15/2025	When is an amendment substantial?
Published	03/01/2025	When is an amendment one of form?
Published	02/15/2025	Is the amendment of an information from frustrated murder to consummated murder allowed formal or substantial?
Published	02/15/2025	Examples of formal amendments:{{c1::New allegations which relate only to the range of the penalty that the court might impose in the event of convicti…
Published	03/01/2025	What are the requisites for formal amendments?
Published	02/15/2025	When should objection to the amendment be made?
Published	02/15/2025	What is substitution of information?
Published	03/01/2025	Where should a criminal action generally be instituted?
Published	02/15/2025	Where should a criminal case be filed if the offense was committed in a train, aircraft, or other moving vehicle?
Published	03/01/2025	Where should a criminal case be filed if the offense was committed on board a vessel during its voyage?
Published	02/15/2025	Where should criminal cases for offenses committed outside the Philippines but punishable under Art. 2 of the Revised Penal Code be filed?
Published	03/01/2025	What are the intances where the provisions of Rule 110, Section 15 regarding the place of the institution of action are not applicable?
Published	02/15/2025	What are transitory crimes?
Published	02/15/2025	What is the rule on jurisdiction over transitory or continuing crimes?
Published	02/15/2025	General rule of jurisdiction over libel cases
Published	02/15/2025	Other than the general rule, what is the rule on jurisdiction in a libel case where the offended party is a private individual?
Published	02/15/2025	Other than the general rule, if the offended party is a public officer, what is the rule on jurisdiction regarding libel cases?
Published	02/15/2025	Where should the criminal action be filed in cases of trafficiking?
Published	02/15/2025	Where should the case be filed in cybercrime cases?
Published	02/15/2025	What factors do the court take into consideration when transferring venue?
Published	02/15/2025	When is the offended party allowed to intervene by counsel?
Published	02/15/2025	What are the instances where the offended party cannot intervene?
Published	02/15/2025	Who controls the prosecution in the event that the offended party decides to intervene with a private prosecutor?
Published	02/15/2025	What is the rule on notice if there is a public prosecutor and a private prosecutor?
Published	03/01/2025	What happens to the civil action when a criminal action is instituted?
Published	03/01/2025	When and how must the offended party reserve the right to file a separate civil action?
Published	03/01/2025	When are filing fees required for civil damages in a criminal case?
Published	03/01/2025	Can the accused file a counterclaim, cross-claim, or third-party complaint in the criminal case?
Published	03/01/2025	What is the rule on civil action in criminal cases for Batas Pambansa Blg. 22 violations?
Published	03/01/2025	When must filing fees be paid in BP 22 cases?
Published	03/01/2025	When can a separately filed civil action be consolidated with the criminal case?
Published	03/01/2025	Can a separate civil action be instituted after the criminal action has commenced?
Published	03/01/2025	What happens if a civil action (ex delicto) is filed before the criminal action?
Published	03/01/2025	Can the suspended civil action be consolidated with the criminal action?
Published	03/01/2025	What happens to the evidence presented in the civil action if it is consolidated with the criminal action?
Published	03/01/2025	What happens to the prescriptive period of a civil action during the pendency of the criminal case?
Published	03/01/2025	Does the extinction of the penal action automatically extinguish the civil action?
Published	03/01/2025	When can an independent civil action be filed despite a related criminal case?
Published	03/01/2025	What is the required quantum of evidence in independent civil actions?
Published	03/01/2025	Can the offended party recover damages both from the independent civil action and the criminal action?
Published	03/01/2025	What civil action is available under Article 32 of the Civil Code?
Published	03/01/2025	When can an independent civil action be filed under Article 33?
Published	03/01/2025	When is a police officer primarily liable for damages under Article 34?
Published	03/01/2025	What is the basis of civil liability under Article 2176?
Published	03/01/2025	What happens to civil liability if the accused dies after arraignment but before final judgment?
Published	03/01/2025	Can an independent civil action continue after the death of the accused?
Published	03/01/2025	Who may substitute the deceased accused in an independent civil action?
Published	03/01/2025	How long does the court give for the substitution of the accused’s legal representative?
Published	03/01/2025	How is a final judgment in favor of the offended party enforced if the accused has died?
Published	03/01/2025	What happens if the accused dies before arraignment?
Published	03/01/2025	Does a final judgment in a civil action absolving the defendant bar a criminal case for the same act?
Published	03/01/2025	Why is a civil judgment not a bar to a criminal action?
Published	03/01/2025	What is a prejudicial question?
Published	03/01/2025	Where should a petition for suspension of the criminal action be filed?
Published	03/01/2025	Until when can the accused file a petition to suspend the criminal case due to a prejudicial question?
Published	03/01/2025	What are the two aspects of a criminal action?
Published	03/01/2025	What is the basis of the civil liability of the accused?
Published	03/01/2025	What are the other sources of civil liability under Article 1157, Civil Code?
Published	03/01/2025	What is the difference between civil liability ex delicto and other civil liabilities?
Published	03/01/2025	When is the civil action for recovery of damages deemed instituted with the criminal action?
Published	03/01/2025	What happens if the offended party reserves or waives the civil action?
Published	03/01/2025	In what cases can the civil action not be reserved and must be included in the criminal case?
Published	03/01/2025	What civil actions may proceed independently of the criminal action?
Published	03/01/2025	Can the accused file a counterclaim in the criminal case?
Published	03/01/2025	When can a separate civil action be consolidated with the criminal action?
Published	03/01/2025	When is the consolidation of civil and criminal actions compulsory?
Published	03/01/2025	What is the general rule on preference of the criminal action over the civil action?
Published	03/01/2025	What does “final judgment” mean in Rule 111, Section 2?
Published	03/01/2025	When does the rule on preference of the criminal action NOT apply?
Published	03/01/2025	What happens to a civil action filed before the criminal case?
Published	03/01/2025	What is the effect of consolidating a pending civil action with a criminal action?
Published	03/01/2025	How does the pendency of a criminal case affect the prescriptive period of the civil action?
Published	03/01/2025	When does acquittal of the accused extinguish civil liability?
Published	03/01/2025	When does civil liability survive despite acquittal?
Published	03/01/2025	If the criminal case is dismissed, what happens to the civil action?
Published	03/01/2025	What is a preliminary investigation?
Published	03/01/2025	When is a preliminary investigation required?
Published	03/01/2025	What is the primary objective of a preliminary investigation?
Published	03/01/2025	Is preliminary investigation a judicial or executive function?
Published	03/01/2025	What is the main function of a prosecutor in a preliminary investigation?
Published	03/01/2025	What is reasonable certainty of conviction?
Published	03/01/2025	Is preliminary investigation a constitutional right?
Published	03/01/2025	Can an accused waive the right to a preliminary investigation?
Published	03/01/2025	What happens if an accused is denied a preliminary investigation?
Published	03/01/2025	How does a preliminary investigation differ from a custodial investigation?
Published	03/01/2025	What types of cases do not require preliminary investigation?
Published	03/01/2025	Can preliminary investigation findings amount to double jeopardy?
Published	03/01/2025	Can probable cause be established with hearsay evidence?
Published	03/01/2025	What is the DOJ’s policy regarding the filing of cases in court?
Published	03/01/2025	Why is it called "preliminary"?
Published	03/01/2025	Who has control over preliminary investigations?
Published	03/01/2025	Can a court choose a prosecutor for reinvestigation?
Published	03/01/2025	When is the right to a preliminary investigation deemed waived?
Published	03/01/2025	How is the need for preliminary investigation determined?
Published	03/01/2025	Does the absence of a preliminary investigation invalidate an information?
Published	03/01/2025	Does the trial court lose jurisdiction if no preliminary investigation was conducted?
Published	03/01/2025	What should the court do if lack of preliminary investigation is raised before plea?
Published	03/01/2025	What did Navarro v. Cornejo (2023) say about preliminary investigation?
Published	03/01/2025	Who may conduct preliminary investigations?
Published	03/01/2025	Do municipal trial court (MTC) and municipal circuit trial court (MCTC) judges have the authority to conduct preliminary investigations?
Published	03/01/2025	Does the Regional Prosecutor conduct preliminary investigations?
Published	03/01/2025	What agencies or officers, aside from prosecutors, may conduct preliminary investigations?
Published	03/01/2025	What is the extent of the COMELEC’s authority in preliminary investigations?
Published	03/01/2025	Can MTC judges conduct preliminary investigations for election offenses?
Published	03/01/2025	What authority does the Ombudsman have in preliminary investigations?
Published	03/01/2025	Can the Ombudsman use other government personnel for investigations?
Published	03/01/2025	Does the Deputy Ombudsman for the Military have authority over police officers?
Published	03/01/2025	Do trial judges have the power to conduct preliminary investigations?
Published	03/01/2025	Can an RTC judge appoint a specific prosecutor for a reinvestigation?
Published	03/01/2025	Can an RTC judge amend an information or reduce charges during reinvestigation?
Published	03/01/2025	What is the principle in Ledesma v. CA (1998) on the power of the Ombudsman?
Published	03/01/2025	When is the civil aspect of an estafa case deemed impliedly instituted with the criminal case?
Published	03/01/2025	What happens if the offended party fails to pay docket fees for the civil aspect? (estafa case)
Status	Last Update	Fields