BASIC CRIMINAL

PROCEDURE

POLICEINVESTIGATION

ARREST SEARCH &SEIZURE

PRELIMINARYINVESTIGATION

FILING OF COMPLAINT ORINFORMATION

JURISDICTION

ARRAIGNMENT and PLEA

TRIAL PRE-TRIAL

JUDGMENT

Motion forNEW TRIAL or

RECONSIDERATION

APPEAL

(Section 1, ARTICLE III BILL OF RIGHTS of 1987 Constitution) No person shall be deprived of life, liberty, or property without DUE PROCESS of law, nor shall any person be denied the EQUAL PRO-TECTION of the laws.

POLICE INVESTIGATION

A: Who investigates?

POLICE

ARTICLE III, Sections 12 & 19 (1987 Constitution)

B: What are the rights of the person arrested and placed under police custody

NBI

right NOT to be subjected to DEGRADING TREATMENT

right NOT to be subjected to TORTURE or FORCE

right NOT to be put in SECRET DETENTION

The MIRANDA Rights

Right to remain SILENT

Right to have counsel

Right to be informed of those rights

TO WARN him of the consequence – that anything he says can and will be used against him

RATIONALE

ARREST

A: What is arrest?

Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of an offense.

B: What is warrant of arrest?

It is a legal process issued by a competent authority (a JUDGE), directing the arrest of a person or persons upon the grounds stated therein

Instances of a valid warrantless arrest(LAWFUL arrest)

1) When in the presence of the arresting person, the person to be arrested has committed, is actually committing or is attempting to commit an offense;

2) When an offense has in fact been committed and the arresting person has probable cause to believe based on personal knowledge of facts and circumstances that the person to be arrested has committed it ;

3) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending or has escaped while being transferred from one confinement to another

WARRANTLESS Arrest can be made by:

Police officer

Private person

NOTE: The officer or the private person must inform the person to be arrested of his authority (officer) or the intention to arrest him (pp) and the cause of the arrest.

The person arrested must be delivered to the nearest police station or jail.

SEARCH and SEIZUREWhat is a Search warrant?

A search warrant is an order in writing issued in the of the People of the Philippines, signed by the judge and directed to a peace officer, commanding him to search for personal pro-perty described therein and bring it before the court.

Any evidence obtained in violation of this section shall be INADMISSIBLE for any purpose in any proceeding.

Exclusionary rule

WARRANTLESS Search, when LAWFUL

a) Warrantless search INCIDENTAL to a lawful arrest;b) Plain view;

c) Search of a MOVING vehicle;

d) CONSENTED warrantless search;

e) Custom search or Seizure of goods concealed to avoid duties;

f) Stop and Frisk;

g) Exigent and Emergency circumstances

PRELIMINARY INVESTIGATION

Who are the officers authorized to conduct preliminary investigation?

Prosecutor/Fiscal

Ombudsman

NBI

It is 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

JURISDICTION OF COURTS

How is jurisdiction determined?

It is determined by the ALLEGATIONS in the complaint or information not by the results of proof or by the trial court’s appreciation of the evidence presented

COMPLAINT or INFORMATION

For Metro Manila and other chartered cities, the complaint shall be filed with the prosecutor regardless of the imposable penalty

Cases falling within the jurisdiction of the RTC are always commenced by information filed by the prosecutor.

How is CRIMINAL action instituted?

CIVIL aspect

When a criminal action is instituted, the civil action for the recovery of civil liability arising from the offense shall be deemed instituted with the criminal action

Exceptions:

General rule:

a) WAIVES the civil action;

b) RESERVES his right to institute a separate civil action; or c) INSTITUTES A CIVIL ACTION PRIOR to the criminal action

BAIL

It is the security given for the RELEASE of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance be-fore any court as required under the conditions prescribed under the rules.

ARRAIGNMENT and PLEA

Arraignment is the proceeding in a criminal case, whose object is to fix the identity of the accused, to INFORM him of the charge and to give him an opportunity to plead, or to obtain from the accused his answer, in other words, his plea to the information. (Guilty or NOT guilty)

At any time BEFORE entering his plea, the accused may move to QUASH the complaint or information. (Grounds - Rule 117, Sec.3)

What are the matters considered during pre-trial?

PRE-TRIAL

a) Plea bargaining;

b) Stipulation of facts;

c) Marking for identification of evidence of parties;

d) Waiver of objections to admissibility of evidence;

e) Modification of the order of the trial if one of the accused admits the charge but interposes a lawful defense (reverse trial); and

f) Such other matters as will promote a fair and expeditious trial of the civil and criminal aspects of the case

TRIAL

Trial is the examination before a competent tribunal according to the laws of the land, of facts put in issue in a case for the purpose of determining such issue.

Generally, Trial shall not exceed 180 days from the first day of trial.

Trial in ABSENTIA – Trial may proceed notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustifiable.

It is an adjudication by the court that the ac-used is guilty or not guilty of the offense charged and the imposition of the proper penalty and civil liability, if any It is a judicial act which settles the issues, fixes the rights and liabilities of the parties, and is regarded as the sentence of the law pronounced by the court on the action or question before it

JUDGMENT

Rehearing of a case already decided but before the judgment of conviction therein rendered has become final, whereby errors of law or irregularities are expunged from the record or new evidence is introduced, or both steps are taken

NEW TRIAL

RECONSIDERATIONMay be filed in order to correct errors of law or fact in the judgment. It does not require any fur-ther proceeding.

APPEAL

It is a proceeding for review by which the whole case is transferred to the higher court for a final determination. It is not an inherent right of a convicted person. The right of appeal is statutory. Only final judgments and orders are appealable.

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