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
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
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
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)
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.”
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.
Probable cause means 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
4. By the bondsmen, for the purpose of
surrendering the accused.
5. Accused who attempts to leave the
country without the court’s permission.
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.
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 Prosecutor’s Office
for its appropriate action.
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.
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.
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.
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
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 cause for 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.
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.
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.
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.
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
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 wellfounded 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.
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
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
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
a
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
* SPECIAL COURTS – Family Courts, Drugs Courts
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.
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.
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
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
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.
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
ARREST WITHOUT
WARRANT
COMPLAINT BY
OFFENDED PARTY
POLICE INVESTIGATION
PRELIMINARY
INVESTIGATION
INQUEST
DISMISSED
PROBABLE
CAUSE
PROBABLE
CAUSE
FILING OF
INFORMATION
ARREST WITH
WARRANT/COMMITMENT
ORDER
PLEA
GUILTY
MOTION
TO
QUASH
ARRAIGNMENT
SUFFICIENT?
DISMISSED
PLEA (NOT
GUILTY)
PLEA BARGAINING
PLEA
GUILTY TO
LESSER
OFFENSE
AGREE/
REJECT
PRE
- TRIAL
PRESENTATION OF
PROSECUTION
EVIDENCE
DEMURRER
SUFFICIENT?
PRESENTATION O
DEFENSE EVIDENCE
DISMISSED
F
JUDGMENT
ACQUITTAL
CONVICTION
APPEAL