Remedial Law, Legal and Judicial Ethics, with Practical Exercises › Criminal Procedure › Preliminary Investigation (Rule 112, partly repealed by AM 24- 02-09-SC; Department of Justice [DOJ] DC 15 and 28, s. 2024)

1. Nature and Purpose

Criminal law vs. Criminal Procedure

CRIMINAL LAW	CRIMINAL PROCEDURE
Substantive	Remedial or Procedural
It declares what acts are punishable	It provides how the act is to be punished
It defines crimes, treats for their nature and provides for their punishment	It provides for the method by which a person accused of a crime is arrested, tried, and punished

Note: The system of procedure in the Philippines is accusatorial or adversarial where two contending parties appear before the court, which hears them impartially and renders judgment only after trial. (Queto v. Catolico, G.R. No. L-25204 & L-25219, 1970)

Authorities

Queto v. Catolico, G.R. No. L-25204, 23 January 1970