Crim Pro Lecture – 1:00-6:00pm

Criminal Procedure Made Easy

R.A. 7438
Rule 113
Rule 126
Rule 114
Rule 112
Jurisdiction
Rule 127
Rule 110
Rule 111
Rule 117
Rule 116
Rule 118
Rule 119
Rule 120
R.A. 7438
Custodial Investigation
Rights of the person detained.

When is there C.I.?

 People v. Zuma, If a person is suspected to have committed a particular crime.
o May invoke rights under R.A.7438
o Makukulong Police officer if hindi sinunod.

Invitation?
Invited as a suspect for a particular crime.
Police line-up – NO, not a part of a custodial investigation. Not yet suspect of a particular
crime.

Extra-Judicial Admission
 Shall be reduced into writing, with the assistance by his own counsel, voluntary, and
express.
 Subject to exceptions found in the law
 Check the nature of the investigation, Criminal v. Administrative.
o Right to counsel applies only to criminal investigation
 Drug pusher case – People v. Indaya – during the signing a counsel was
not present = not admissible as evidence.
 In signing waiver a counsel must be present.
 Brgy. Chairman – No lmao

Arrest
Actual restraint & Voluntary submission
Metro Manila – Prosecutors office.
Judge will issue a warrant of arrest –
Probable cause – Prosecutor (Information), Judge (Issuance of warrant of Arrest)
Information – Judge may dismiss the case in the absence of Probable cause (elements of the
crime is lacking).

Warrant of Arrest
Sec 02 – Article 03
In issuance there shall be personal determination. In the issuance of a search warrant,
requires personal examination. While in warrant of arrest personal evaluation is allowed.

Even without motion – The court is duty bound to determine probable cause.
Summary Procedure – the judge does not issue a warrant of arrest.

Other kinds of warrantless arrest

 Bondsman arrest
 Arrest of an accused who is released on bail – if he attempts to leave the country without
permission

In flagrante delicto
Overt act indicating the crime has been committed, being committed or about to commit
must be done in the presence or in the view of the arresting officer. Enough see in a distance or
hears the disturbance.
 Margarite Ambre – nag popot session. Prior lawful intrusion is not an element of arrest in
flagrante delicto. Because P.O. had the duty to arrest.
 Close proximity or period of immediacy. Between commission of offence and the arrest.

Arrest legal + search made legal. = evidence is admissible

Illegal arrest + evidence not admissible
Legal Arrest + Search is not legal = evidence not admissible

Hot pursuit
 Police officer needs not to be present.
 Personal knowledge of facts is enough.
 Close proximity or period of immediacy. Between commission of offence and the arrest
o Arrest made after one day is generally illegal if in hot pursuit.

Illegal arrest must be questioned before entering the plea.

 Seems in entering the plea is consider a waiver.
 File a motion to quash the information = Questioning the illegal arrest.
 In the application of bail – the illegality of arrest may still be questioned any time before
arraignment.
 A waiver of an illegal warrantless arrest does not carry the waiver of the admissibility of
the warrant of arrest.
Persons not subject to arrest:

 Ambassadors
 Ministers (foreign)
 Senate/Congress Privilege – Penalty Not more than 6 years, While Congress is in session.

Searches and Seizures:

Search Warrant can only be served during daytime, subject to exception.
Only Personal

Human remains – Personal Property?

Mobility and not to its capacity to be owned.
Human remains may be a subject of search warrant due to its mobility and its capacity to
be the corpus delicate of the offence.

One specific offense rule

Scatter shot Warrant is illegal.
If it is for several count it should not be confused with offense if same offence
(Columbia Pictures case).

Particular description.
 General warrant is prohibited.
 Undetermined amount? = Valid because what is to be seized is a particular drug. Police
officers is not expected to know the exact amount.
 Different person was arrested found in the address. The name of the person is not
important nor necessary. So long the search was made in the place to be served.
 Sufficient that the property was in his control or Possession is enough – Ownership is
immaterial
 Court with territorial jurisdiction, Judicial Region where the crime was committed or
where the warrant should be served. In the anticipation of a future criminal case.
 Except in instance where a special procedure should be followed.
 People v. Castillo – Issuance of Search warrant is distinct from filing of a criminal case.

Search in incidental to lawful arrest.

Only Search the body, or the area of immediate control (area where the person may gain
possession of a weapon or a destructive force).

Search in Plain-view
Valid prior justification.

PDEA v Bodett
The court cannot be compelled to return the contraband. Since it is a mala prohibita.

Search of moving vehicles. (Jerry Sapla)

 WON
Informants tip is sufficient
Can it be considered search of moving vehicle
Consented search.

Informants tip
Court said P.O. should not act solely on a tip since it is a mere heresay. It cannot
established probable cause alone. Not sufficient to engender probable cause. P.O. must rely on
his own senses.

Search of a moving vehicle

Visual Search only, no invasive search must be done.

Consented Search
An agreement upon insistence of the Police Ofiicer is not considered a consented search.
(People v. Jerry Sapla.)

Bail
Security given by the accused. To guarantee his appearance. Under Custody of the law by
arrest or voluntary appearance, Required in Bail.
Rule 119 – Material Witness may be required to post bail, be admitted to prison until
compliance to testify.

Recognizance for light offenses. Self-recognizance allowed? Yes.

May arraignment be required as a condition? Under Guidelines of Continuous trial,
allows it (requires it)

Right v Discretion
MTC cases always a matter of right.

People v Valdez
Reclusion temporal in max period to reclusion Perpetua.
Is bail a matter of right – Yes
Talk about the prescribe period. Since meron parin temporal.

Flight Risk
Bail is a Constitutional right. Court may increase the amount but not deny bail.

Discretion
RTC may be a matter of discretion
After conviction, constitutional right to bail ends.

Bail negating circumstances

Sec. 05, Rule 114 – after conviction always reject the application of bail or revoke it.
Tough on bail pending appeal policy – after conviction presumption of innocence already
terminates, and accordingly constitutional right to bail already ends. Bail is now a matter of
discretion.

Enrile case – Dela rama v People – Court allowed to post bail because of age and health reasons.
Court also considered the primary purpose of bail guarantee the appearance of the accused.

Bail for the provisional liberty of the accused should be allowed regardless of the crime charge
should be allowed independently to the merit of the charge, provided that his continued
incarceration is clearly shown to be injurious to his health or would endanger his life.

Post bail to where the case is pending. In case of absence file any other MTC or RTC in the
absence. Bail may also be filed within the court where he is arrested.

Prospective Extradite
Allowed to post bail. Government of Hongkong case, Quantum of evidence required is
clear and convincing evidence. Since Bail proceedings is not a criminal proceeding. Greater to
preponderance of evidence but less than proof beyond reasonable doubt. Substantial evidence is
the lowest tier for evidence.

Hold departure order. AM-37-97SC

 Only the RTC in a pending criminal case may issue a hold departure order,
Sandiganbayan also and Family Court in custody cases.
 Department Order is Unconstitutional, Rulemaking power is exclusive to the Supreme
Court. Right to travel cannot be restricted, except national risk. D.O. is a circular that
cannot restrict the right to travel.

Preliminary Investigation
Rule 112
Purpose Engender a well-founded belief that a crime has just been committed and the
respondent is probably guilty thereof and therefore must be put into trail.

P.I. statutory right.

No attendance of P.I. is deemed a waiver of the same.

P.I. is required 4 years 2 month 1 day.

No double jeopardy in P.I. since there is no arraignment.

4 kinds of probable cause

Judge – warrant of arrest or Search warrant
Prosecutor – Filing of information
Police officers – Hot Pursuit

During P.I. the right to confront witness and cross-examine is not available since he is not
considered yet as an accused.
Jingoy vs Carpio Morales
Heresay evidence in establishing probable cause
As long as there is substantial basis crediting the heresay. (criminal cases)
Criminal and administrative case. Preliminary during the P.I.

In administrative case substantial evidence is required. Heresay evidence is not considered

because it is excluded.

Arroyo v DOJ
Fraud and election manipulation cases.

Comelec and other procecuting arms of government

Concurrent jurisdiction in the prosecution of election violations.
Approval of Comelec is required.

Inquest Proceedings
 Accused is arrested without a warrant
 Offense requires the conduct of P.I.
o Only if the penalty is 4 years two months 1 day atleast.
 There is an available Inquest prosecutor in the absence = direct filing.

Purpose of I.P.
 Valid warrantless arrest
 Valid to be in custody.

Rule 125
12-18-36 hours.

Inquest prosecutor ask WON to conduct P.I.

Within 5 days of knowledge of filing of information. Leviste v Alameda. Private
Complainant by counsel with conformity of prosecutor. Motion for reinvestigation.

Continuous trial.
Prohibited motions
Judicial determination of probable cause.
Less than period P.I.
Failure to appear in P.I.

Information sa korte, Prior leave of court.

Remedy no P.I.
File a petition for Certiorari
Jurisdiction
Includes power to execute the judgement. Collateral rights may be used after conviction.
No higher right the right to life.
In criminal cases, venue is jurisdictional. File the criminal case where the crime is committed or
where its ingredients may be found.

Jurisdiction over a subject matter

Conferred by law.

Libel – place of actual residence, or place where the defamatory statement is printed and first
published.
If electronic, internet – no way of finding-out where the thing was actually printed.
Bonifacio v RTC of Makati.

Illegal recruitment – migrant workers. There is nothing unconstitutional in fixing an alternative

venue by the congress as a matter of exception.

Perjury cases – Union v People, Place of Notarization. Accused deliberate action was done in the
place of Notarization.

Crimes punishable not exceeding 6 years = MTC Summary Procedure, Ordinances.

RTC – Over 6 years, Regardless of prescribe penalty: Libel, General Jurisdiction, Omnibus
Election Code, Anti-Money Laundering act, Cybercrime prevention act, Comprehansive drugs
act, Infringements suits.

Sandiganbayan v. Comprehensive drugs act (De lima case)

RTC has jurisdiction – General law v. Special law

Sandiganbayan Jurisdiction
 Enumeration of laws
 Salary grade 27 and above
o Grade 26 below, If in conspiracy with sandiganbayan jurisdiction
o There enumerated who sadiganbayan has jurisdiction.
 If information does not alleged any damage to government or any pribary; or if the
damage does not exceed 1M = RTC has jurisdiction.
 Appellate jurisdiction - Ombudsman files a case to MTC or RTC, after a decision,
Sandiganbayan may exercise appellant jurisdiction, Rule 45 SC.
 Original Jurisdiction - Notice of Appeal to sandiganbayan
 Automatic Review if there is Death Penalty (sandiganbayan) if RTC, CA muna
immediate review.
 Exclusive jurisdiction, essential to establish facts. Office of the offender and his official
duties, office was used in the commission of the case.
 Esteban v Sandiganbayan, must be intimate relation between offense charge and
discharge of official duties. Office was used in the commission of the offense.
 Serana v Sandiganbayan, establish discharge of official duties plus offense charge.
 R.a. 3019 – Public official ambushed, charged in conspiracy. Henry Go case. Only thing
extinguish is criminal liability upon death. But the death did not extinguish the crime.
 Nor did it remove the basis of the charge of conspiracy. What is important is that there is
an allegation of conspiracy.

Provisional remedies in criminal cases

Attachment (Rule 127)
 Can only be availed if civil action is deemed impliedly instituted in a criminal action,
except when there is a waiver.
Injunction
 As a rule criminal actions cannot be restrained, except if there is double jeopardy,
prejudicial question, persecution not prosecution, blatant violations of constitutional
rights, In the support of penned litte,

Prosecution of offenses
 Prosecutor’s office file the complaint.
 DOJ v panagiton, Sec v. Interport Inc., Jutice Leonen, Jadewell parking systems,
people v Pangilinan.
 Under the present rules SC said Whether RPC or special penal laws, interrupted na
ang prescriptive period.

Section 05 – Prosecution even without public prosecutors, in cases of heavy work load, private
prosecutors may be authorize subject to approval of court.
Some cases needs that a specific person to prosecute, section 05, Rule 110. Section 06

Sufficiency of the complaint or information:

Name of the accused
Designation of the offense
Act or crime committed
Name of the offended party
Time of the commission of the offense
Place of the commission of the offense.

Alleged the information of the Qualifying and Aggravating circumstances.

Enough to allege a date as near as possible, to the actual date of commission.

Except where date is material. (essential ingredient)

Amendment v. substitution
Involves the same offense Involves a different offense
With or without leave of court Leave of court
Formal or substantial amendment Substantial change
Does not need another P.I. Another P.I.
As a rule rearraignment is not needed. Except rearraignment
substantial Amendment
Result in double jeopardy Will not result in double jeopardy
Before arraignment, a matter of right, After arraignment only the form.
 Exceptions:
If babawasan yung akusado with leave of court and notice.
Downgrade the offense with leave of court and notice.

After arraignment If matters of form, Section 07B, Rule 117

Pwede baguhin substance if namatay yung victim in a frustrated/attempted crime of
murder/homicide

Rule 111
Prosecution of Civil offenses.
5 sources of Civil Liability
Ex-delicto – deemed impliedly instituted with the criminal action.

Nature of acquittal,
Accused is not the author of the crime.
Not criminally liable = not civilly liable.
Reasonable doubt
Civilly liable.

Death of a Party before arraignment civil liability can be availed, but after arraignment criminal
and civil liability is extinguish, except from other cases (civil liability)

People v bayotas – During Appeal – extinguish

File a separate action
Paz bernardo v people – appellate court can rule for other sources of civil liability without
allowing the prosecutor to file a separate action since it will cause delay.

Prejudicial Questions
File a motion to suspend the proceeding, petition for suspension of criminal question may
be allowed if there is a civil case. If none it is a prohibited pleading. Determinative of the guilt of
the accused.

Motion to Quash.
Grounds of the complaint or information:

 Elements of the crime(does not constitute the offense)

 Duplicity of offenses – If not filed may be prosecuted for as many crime charged.
 Death of the accused
 If marry the rape victim

Not bar prosecution of another offense. Double jeopardy

Double Jeopardy – Unless there is a prior jeopardy.

Provisional Dismissal
 Prosecution with the express consent of the accused. No revival of the case after the
prescribe period it will become permanent, it can be revive by filing an information.
Reckoning point (lacson point) from the service of order of provisional dismissal
to the public prosecutor.
Exception from the time the private counsel was actually notified.

Arraignment and Plea

Arraignment is Mandatory, however in multiple cases waiver is allowed upon full
understand and express consent of the accused and his counsel.

Plea Bargaining is only allowed to a plea of guilty to a lesser offense. There should be a consent
to the prosecutor and the offended party, subject to the exception Rule 116, Sec 01(f)

Pre-trial (Mandatory)
Sec 02, Rule 118

Jaime Dela Cruz Case – Self-incrimination, Extortion and Drug-Testing is not material. There is
a violation of constitutional right.

Demurer to Evidence, Court comiited GAD, = void judgement no double jeopardy.

Pwede na oral motion of leave of court.

State witness, Witness Protection Program Law

State witness
Meaning of most guilty – Highest degree of culpability in terms of participation. Not
necessarily mean the severity of the penalty imposed.

Other Post-judgement remedies:

Motion for reopening of proceedings
Motion for modification of judgment
Petiton for Certiorari
Habeas corpus
Post-conviction DNA testing

MR – non-extenable period of 10 calendar days. Under continuous trial doctrine.

Rule 45 – SC except MTC Rule 42.

Post-conviction DNA testing – Post conviction DNA testing if there is a available biological
sample, the testing result would reverse the judgement. Under the Rules of DNA file a habeas
corpus case.