Updated Criminal Procedure (The Bar Lecture Series)

After this work was submitted for publication on January 5, 2011, materials became available which contained court decisions worthy to be recommended for further readings. Foremost of these cases is that of Judith Yu v. Samson-Tatad (G.R. No. 170979, February 9, 2011), which ended previous speculations as to the applicability of the "fresh-period" rule to appeals in criminal cases. Hence, the need for an updated edition.

This edition required the insertion of new case citations within the main chapters as well as the discussion of more recent Court rulings under the heading, Synopsis of Selected Cases. The cases selected were those with facts not involved in those decisions treated in the original edition. The criminal procedure aspects of the Rules of Procedure in Environmental Cases were likewise added.

In the process of enhancing the current material, some paragraphs which could have possibly given rise to misunderstanding were deleted. Mere matters of opinion were likewise taken out so as not to detract from the instructional purpose of this material. Also, certain portions which are matters of purely substantive law were expunged and only those necessary to explain procedural concepts were retained. Some paragraphs were likewise reworded for greater clarity in the presentation of procedural principles. In some instances, adjustments to editorial oversights in the original edition were effected.

It is worth reiterating that this work is written primarily for the bar reviewee and the law student who need to be adequately equipped with the “core” knowledge required to hurdle the bar examinations. It is based on an empirically anchored deep-seated philosophy that passing the bar examinations requires a quick recall of the law and the rules. Hence, topics in this work have been treated with emphasis on the very substance of the Rules of Court, a treatment traditionally referred to by academicians as a ‘codal’ approach.

While the framework of this material is mainly codal-based, it is supported by cases which mirror, not only the current position of the Supreme Court on vital issues in the criminal litigation process but also by significant foreign cases designed to aid the reader to understand a particular rule from a parallel doctrinal perspective. Cases have been judiciously selected to permit the reader to appreciate how the Supreme Court grappled with and settled a wide range of issues arising in the various stages of criminal procedure.

The scope of this book reveals its having no pretensions of being an exhaustive treatise on criminal procedure. Honest efforts have been taken to strip it of materials which veer away from what is fundamental and basic to allow a reasonably wide wiggle room for the reader to focus on procedural principles and concepts which have a fairly high probability of being utilized by the examiner in the framing of bar questions.

As he goes through the various concepts of procedural law, the student is reminded that the principles underlying criminal procedure, like those of any other procedural rule, are construed liberally to meet the demands of justice.

In our academic life we have always been beset by questions on matters involving consistency in the application of the rules. We have actually endeavored to show that there are no inconsistencies, and in order to fully appreciate the wisdom of Court decisions, the student must be aware that each case is decided in accordance with the facts and the issues raised by the parties.

While our concern for the academic needs of our law students supplied the motivation for us to start and complete this work, the invaluable participation of Atty. Ernesto C. Salao and Atty. Maria Theresa P. Cabayan in the publication of this work is sincerely acknowledged for without their tremendous encouragement, assistance, and editorial skills, this material would not have seen the light of day.

Lastly, the bar candidate and the law student is asked to consider this work as a humble recognition of their perseverance and their unwavering commitment to their future in the legal profession.