Professional Documents
Culture Documents
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
IV. ARREST Rule 113 A. Definition of Arrest B. Lawful Warrantless Arrest C. Custodial Investigation D. Citizens 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
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
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
CRIMINAL LAW that branch of law which defines crimes or declares what acts are crimes and prescribes or provides the punishment for their commission.
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
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.
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
4. By the bondsmen, for the purpose of surrendering the accused. 5. Accused who attempts to leave the country without the courts permission.
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)
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 Prosecutors Office for its appropriate action.
Citizens Arrest warrantless arrest by a private person; Method of Citizens 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.
Extra-judicial Confession
Requirements to be admissible in court: 1. It must be in writing; 2. Signed by the arrested person in counsels 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.
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.
- if he is refused entry
- after he announced his authority and purpose
*When Warrant of Arrest is NOT necessary: - under detention - summary procedure cases -offense penalized by fine only. - also in entrapment operations
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.
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.
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
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
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
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
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 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
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
*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
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.
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.
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.
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
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.
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
CRIME
POLICE INVESTIGATION
DISMISSED
PROBABLE CAUSE
FILING OF INFORMATION
PROBABLE CAUSE
MOTION TO QUASH
PLEA GUILTY
ARRAIGNMENT
SUFFICIENT?
DISMISSED
PLEA BARGAINING
PRE
- TRIAL
AGREE/ REJECT
DEMURRER
DISMISSED
APPEAL