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CRIMINAL

CRIMINAL . PROCEDURE. CRIMINAL PROCEDURE OUTLINE I. DEFINITION OF CRIMINAL LAW II. DEFINITION OF CRIMINAL PROCEDURE III.OVERVIEW A. Arrest (warrantless) B. MIRANDA Rights C. Custodial Investigation/admission/confession D. Self-Preservation

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CRIMINAL

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  1. CRIMINAL PROCEDURE

  2. CRIMINAL PROCEDURE • OUTLINE • I. DEFINITION OF CRIMINAL LAW • II. DEFINITION OF CRIMINAL PROCEDURE • III.OVERVIEW • A. Arrest (warrantless) • B. MIRANDA Rights • C. Custodial Investigation/admission/confession • D. Self-Preservation • E. Preparation of police blotter/Issuance of extract of blotter • F. Preparation of Affidavit-Complaint/Witness Affidavit • G.Gathering/Preservation of evidence • H. Indorsement to Office of the City/Provincial Prosecutor • I. Inquest vs Regular P.I. • J. Probable cause • K. Preparation of Information • L. Actual filing in court • > Courts – MTCC,MCTC,RTC • M. Arraignment to Judgment to Petition for Probation/Appeal

  3. IV. ARREST – Rule 113 • A. Definition of Arrest • B. Lawful Warrantless Arrest • C. Custodial Investigation • D. Citizen’s arrest • E. Arrest w/ warrant • F. Time of making an arrest • V. SEARCH AND SEIZURE – Rule 126 • A. Definition of Search Warrant • B. Who issues, requisites for issuance • C. What, where and when to seize • D. Witnesses, Receipt, Delivery to court • E. Valid Warrantless Search & Seizure

  4. VI. INQUEST/REGULAR P.I. –Rule 112 • A. Waiver of Art. 125, RPC • B. Counter-Affidavit – 10 days • C. Probable cause/dismissal • D. Period for Resolution • VII.COMPLAINT/INFORMATION • A. Definition of terms • B. Requisites • C. Examples • VIII. ISSUANCE OF WARRANT OF ARREST (not in flagrante) • >by judge after finding of probable cause, otherwise, dismiss • >RTC Cases (6yrs,1 day and up) • IX. JURISDICTION • > MTCC, MCTC, RTC

  5. X. BAIL – Rule 114 • XI. RIGHTS OF THE ACCUSED – Rule 115 • XII. ARRAIGNMENT – Rule 116, Rule 117 • XIII. PRE-TRIAL • XIV. TRIAL • XV. JUDGMENT • XVI. APPEALS • XVII. FLOW CHART

  6. CRIMINAL LAW – that branch of law which defines crimes or declares what acts are crimes and prescribes or provides the punishment for their commission.

  7. CRIMINAL PROCEDURE – It is the method prescribed by law for the apprehension and prosecution of persons accused of any criminal offense, and for their punishment, in case of conviction. - Procedural steps commencing from initial investigation

  8. ARREST – Rule 113 • Arrest – The taking of a person into custody in order that he may be bound to answer for the commission of an offense. (R. 113, s. 1) • It is made by an actual restraint of a person to be arrested, or by his submission to the custody of the person making the arrest. No violence or unnecessary force shall be used in making an arrest. The person arrested shall not be subjected to a greater restraint than is necessary for his detention. (R.113, s. 2)

  9. Lawful Warrantless Arrest • 1. When in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense (In Flagrante /Caught in the Act Arrest). • PRESENCE does not only require that the arresting person sees the offense, but also when he “hears the disturbance created thereby AND proceeds at once to the scene.”

  10. 2. When an offense has just been committed and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it. (HOT PURSUIT ARREST) > While the law enforcers may not actually witness the execution of acts constituting the offense, they must have direct knowledge or view of the crime right after the commission. They should know for a fact that a crime was committed. And they must also perceive acts exhibited by the person to be arrested, indicating that he perpetrated the crime. Mere intelligence information will not suffice.

  11. Probable causemeans an actual belief or reasonable grounds of suspicion. reasonable = based on actual facts + good faith on the part of the arresting officer 3. A prisoner who escaped from a penal establishment where he is serving final judgment or is temporarily confined or has escaped while being transferred from one confinement

  12. 4. By the bondsmen, for the purpose of surrendering the accused. 5. Accused who attempts to leave the country without the court’s permission.

  13. 6. Stop and Frisk Operation • - the act of a police officer who (1) stops a citizen on the street, (2) interrogates him and (3) pats him for weapon/s or contraband. • - a search and seizure should precede the arrest, i.e., search first, then seize, then arrest. • - it involves a limited protective search of outer clothing for weapons. • - Probable cause is not required.

  14. 7. Accused was lawfully arrested but escapes; he can be pursued anytime and anywhere. *Duty of Police Officer in effecting an arrest: Inform the arrested person, in a language known and understood by him, of his rights to remain silent and to have competent and independent counsel (Miranda Rights)

  15. Custodial Investigation – includes “invitation” or an investigation in connection with an offense he is suspected of. Presence/assistance of counsel is required. Instead, file complaint to the Prosecutor’s Office for its appropriate action.

  16. Citizen’s Arrest – warrantless arrest by a private person; • Method of Citizen’s arrest: • Private person must inform the person to be arrested of the intent to arrest and cause of the arrest • Exception: Same as in police officers. • ARREST W/O A WARRANT: • Duty of arresting officer: • 1.Arrest the accused and • 2.Deliver him to the nearest police station or jail without unnecessary delay. • Warrant must be executed within 10 days from receipt.

  17. Extra-judicial Confession • Requirements to be admissible in court: • 1. It must be in writing; • 2. Signed by the arrested person in counsel’s presence; • 3. Counsel must also sign to show his presence; • > If he has no counsel, there must be a valid waiver, in writing, and witnessed by his parents, spouse, etc.

  18. WARRANT OF ARREST– enforceable indefinitely, until such time as the person is arrested, until it is executed, recalled or quashed. ISSUER OF ARREST WARRANT: (1)Judge (2)Others authorized by law – B.I.D. Commissioner (after a final Deportation Order is issued) METHOD OF ARREST WITH WARRANT: Inform the person of the cause of the arrest and that he has a warrant EXCEPT if he flees, forcibly resists before the police had opportunity to tell him and if to inform him will imperil the arrest. Arrest Warrant need not be in the possession of the arresting officer at the time of the arrest but, if required, the warrant should be shown as soon as practicable. Police officer may verbally ask any person to assist him in arresting a person. Any person may refuse rendering assistance to the police officer if it is detrimental to himself.

  19. BREAK INTO A BUILDING OR ENCLOSURE: where the person to be arrested is or the police officer believes him to be - if he is refused entry - after he announced his authority and purpose - NOT ALLOWED in citizen’s arrest RIGHT TO BREAK OUT – if necessary to free himself • *When Warrant of Arrest is NOT necessary: • - under detention • - summary procedure cases • -offense penalized by fine only. • - also in entrapment operations

  20. SEARCH AND SEIZURE SEARCH WARRANT: an order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for personal property described therein and bring it before the court. Who issues: Judge, AFTER he is convinced that the applicant has complied with the following requirements: probable cause* in connection with one specific offense to be determined personally by the judge after – (2) examination under oath or affirmation of the complainant and the witnesses he may produce – (3) particularly describing the place to be searched and the things to be seized which may be anywhere in the Philippines. * Probable causefor search is defined as such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed and that the objects sought in connection with the offense are in the place sought to be searched.

  21. Personal Property to be seized (Sec. 3): 1) Subject of the offense (2) Stolen or embezzled and other proceeds, or fruits of the offense; or (3) Used or intended to be used as the means of committing an offense. may or may not be owned by him. > When to search & seize: Day time, unless the warrant states any time of the day or night. Validity of Search Warrant: 10 days from its date. VOID AFTER 10 DAYS. * To serve the search warrant, the police officer has the right to break door or window (Section 7). > WITNESSES: lawful occupant thereof or any member of his family or in the absence of the latter, two witnesses of sufficient age and discretion residing in the same locality.

  22. After seizing property, the police officer must: (1)Issue receipt of the seized items, giving a copy to the occupant or leave a receipt in the place in which he found the seized property. (2) Deliver the seized items to the court and inventory duly verified under oath. The illegality of the search warrant does not call for the return of the things seized, if the possession thereof is prohibited by law (malum prohibitum) IF NO ITEMS ARE SEIZED: Return the warrant to the court 10 days after issue, stating the reasons for the failure.

  23. VALID WARRANTLESS SEARCH & SEIZURE I. SEARCH INCIDENTAL TO LAWFUL ARREST - person arrested is searched for dangerous weapons or anything which may have been used in an offense > there must be an arrest BEFORE a search can be made on: (1) the person arrested and (2) the area within which the arrested person may reach for a weapon or an evidence to destroy.

  24. II. PLAIN VIEW DOCTRINE Requisites: A prior valid intrusion based on the valid warrantless arrest in which the police are legally present in the pursuit of their official duties; Evidence was inadvertently discovered by the police officer who had the right to be where they are; The evidence must be immediately apparent; Justified by mere seizure of evidence without further search.

  25. III. SEARCH OF MOVING VEHICLES, CHECKPOINTS > Limited to visual search, i.e., the vehicle is not searched; the occupants are not subjected to body search. IV. CUSTOMS SEARCHES V. SEARCH PURSUANT TO A ROUTINE AIRPORT SECURITY PROCEDURE VI. STOP & FRISK THEORY VII.WAIVER BY THE ACCUSED * Fruit of a poisonous tree/inadmissible in evidence

  26. INQUEST vs. REGULAR P.I. • Inquest- an informal and summary investigation conducted by a prosecutor in criminal cases where the person arrested or detained without a warrant of arrest is under investigation to determine whether sufficient evidence exists for their continued detention and prosecution in court. • Preliminary Investigation - an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial. • > A P.I. is required where the penalty is at least 4 years, 2 months and 1 day without regard to the fine. • >Waiver – as provided in Article 125 of the RPC – 12,24,36 hrs. allowable detention; Complaint/Information must be filed, otherwise, release the respondent.

  27. Counter-Affidavit – to be submitted if the respondent executes a Waiver during the Inquest Proceeding; to be filed by the respondent within 10 days if regular P.I. • Probable cause/dismissal • Probable cause– to determine if the evidence submitted by the complainant is sufficient to form a well-founded belief that a crime was committed and that the respondent is probably guilty thereof and should be held for trial. • Period for Resolution: • > if Inquest: Immediately • > if Inquest but Respondent executed Waiver: 15 days • > if regular P.I.: 60 days

  28. COMPLAINT vs. INFORMATION COMPLAINT– A sworn written statement charging a person with an offense, subscribed by (1) the offended party or (2) peace officer or (3) public officer charged with the enforcement of the law violated. Offended Party Peace officers – police officers, NBI Agents, other law enforcement agents (CIDG,SWAT, etc.) Public officers charged with the enforcement of the law violated – BIR employees, customs agents, National Pollution Council Agents

  29. Complaint by offended party – required in the following cases: • 1) adultery • 2) concubinage • 3) seduction • 4) abduction • 5) acts of lasciviousness • 6) defamation consisting in the imputation of any of the above crimes • INFORMATION > An accusation in writing charging a person with an offense subscribed/ signed by the prosecutor and filed with the court

  30. ISSUANCE OF WARRANT OF ARREST (not in flagrante case) • >by judge after finding of probable cause, otherwise, dismiss • >RTC Cases (6yrs,1 day and up) • JURISDICTION – the power or the capacity given by law to a court or tribunal to entertain, hear and determine certain controversies. It is vested in the court, not in the judge. • MTCC/MCTC –if penalty is imprisonment for 6 yrs. and below, regardless of amount of fine • >Examples: • 1. Grave Oral Defamation • 2. Theft • 3. Illegal Possession of Low- Powered firearms and ammunitions • 4. Less Serious Physical Injuries

  31. 5. Illegal Possession of Deadly Weapon - also cases falling under the Rules on Summary Procedure >Examples: 1. Slight Physical Injuries 2. Malicious Mischief 3. Slander by Deed 4. Violation of B.P. Blg. 22 5. Maltreatment 6. Violations of ordinances, etc. Examples: a. Traffic Violations b. Viol. of No Smoking Ordinance

  32. *RTC – if penalty is imprisonment for a period of 6 yrs. and 1 day and above. >Examples: 1)Murder 2)Rape 3)Qualified Theft 4)Robbery 5)Estafa 6)Illegal Possession of high-powered F/A and Ammunitions 7)Kidnapping 8)Homicide * SPECIAL COURTS – Family Courts, Drugs Courts

  33. BAIL - The security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions specified by the Rules. It may be corporate surety, property, cash deposit or recognizance. * All persons in custody shall be admitted to bail as a matter of right before conviction of an offense not punishable by death, reclusion perpetua or life imprisonment. After conviction, bail is discretionary.

  34. ARRAIGNMENT (Rule 116) - made in open court by furnishing him a copy of the information, reading the same in the language known to accused and asking him whether he pleads guilty or not guilty. * The accused shall be arraigned within 10 days from date of raffle, the pre-trial conference shall be held within 10 days after arraignment.

  35. a) Right to counsel • b) Required language/dialect • c) Plea-bargaining • * At arraignment, the accused with the consent of the offended party and prosecutor, may be allowed to plead guilty to a lesser offense. After arraignment but before trial, the accused may still be allowed to plead guilty to a lesser offense after withdrawing his plea of not guilty.

  36. When accused pleads guilty to a capital offense, the court shall conduct a searching inquiry, and require the prosecution to prove his guilt and the precise culpability. Motion to Quash allowed prior to arraignment

  37. PRE-TRIAL - It is a mandatory conference between the parties, to consider the following: -plea bargaining -stipulation of facts -marking of exhibits -waiver of objections to admissibility of evidence -modification of the order of trial -Settlement/Mediation (PMC) -Witnesses -Trial Dates

  38. TRIAL - It is an investigation process resulting in a judgment of a legal controversy or dispute. • Order of Trial: • 1. The prosecution shall present evidence to prove the charge and civil liability; • 2. The accused may present evidence to prove his defense and damages; • 3. The parties may respectively present rebutting evidence; • 4. Parties may submit respective memoranda. • * The order may be modified if the accused admits charge but raises lawful defense (Self-defense). The trial will be reversed.

  39. JUDGMENT (Rule 120) - It is the adjudication by the court that the accused is guilty or not guilty of the offense charged and the imposition on him of the proper penalty and civil liability. * Judgment is promulgated by reading it in the presence of the accused and any judge of the court in which it was rendered. If conviction is for light offense, the judgment may be pronounced in the presence of his counsel or his representative. When judge is absent or outside the province or city, the judgment may be promulgated by the clerk of court. APPEALS - A party may appeal from a judgment or final order within 15 days from promulgation of judgment

  40. CRIME ARREST WITHOUT POLICE INVESTIGATION COMPLAINT BY WARRANT OFFENDED PARTY PRELIMINARY INVESTIGATION INQUEST PROBABLE FILING OF PROBABLE DISMISSED CAUSE INFORMATION CAUSE ARREST WITH MOTION WARRANT/COMMITMENT TO ORDER QUASH PLEA ARRAIGNMENT SUFFICIENT? DISMISSED GUILTY PLEA (NOT GUILTY) PRE - TRIAL PLEA BARGAINING PLEA AGREE/ PRESENTATION OF GUILTY TO DEMURRER PROSECUTION REJECT LESSER EVIDENCE OFFENSE SUFFICIENT? DISMISSED PRESENTATION O F DEFENSE EVIDENCE JUDGMENT ACQUITTAL CONVICTION APPEAL

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