Cachero, Angelika Rose V.

June 09, 2021

BSCRIM III / CLJLAW6

I. Process in Filing Criminal Case in the Philippines

1. Arrest

An arrest occurs when a person, usually a law enforcement officer, uses legal authority to restrict
a suspect's freedom of movement. Probable cause is the key issue in the arrest process. The
police need probable cause to make an arrest or obtain an arrest warrant from a judge.

Generally, probable cause requires more than mere suspicion that a suspect committed a crime
but not proof beyond a reasonable doubt. Probable cause is a reasonable belief in the suspect's
guilt, based on the facts and information prior to the arrest.

Judges decide whether there is probable cause to issue an arrest warrant on a case-by-case
basis. To make a lawful arrest without an arrest warrant, officers must not only have probable
cause, but they must prove that the arrest was immediately necessary.

A person who is not a sworn officer may make a citizen's arrest, but valid citizen arrests are rare.
The civilian typically must witness a perpetrator commit a misdemeanor, or have reasonable
cause to believe the perpetrator committed a felony. People should exercise care if they decide to
make an arrest. A wrongful arrest could lead to criminal charges and a civil lawsuit for battery and
false imprisonment.

- Arrest is the taking of a person into custody in order that he may be bound to answer for the
commission of an offense (Sec 1).
Arrest, how made
- An arrest 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 he
used in making an arrest. The person arrested shall not be subject to a greater restraint
than is necessary for his detention (Sec. 2).
Arrest without warrant, when lawful

1. A peace officer or a private person may, without a warrant, arrest a person:

a. When, in his presence, the person to be arrested has committed, is actually committing,
or is attempting to commit an offense;
b. 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; and
c. 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 is temporarily confined
while his case is pending, or has escaped while being transferred from one confinement
to another.

In cases falling under paragraphs (a) and (b) above, the person arrested without a
warrant shall be forthwith delivered to the nearest police station or jail and shall be
proceeded against in accordance with Section 7 of Rule 112 (Sec. 5).

Method of arrest
(1) Method of arrest by officer by virtue of warrant. – When making an arrest by virtue of
 a warrant, the officer shall inform the person to be arrested of the cause of the arrest
and the fact that a warrant has been issued for his arrest, except when he flees or
forcibly resists before the officer has opportunity to so inform him, or when the giving of
such information will imperil the arrest. The officer need not have the warrant in his
possession at the time of the arrest but after the arrest, if the person arrested so
requires, the warrant shall be shown to him as soon as practicable (Sec. 7).
(2) Method of arrest by officer without warrant. – When making an arrest without a
warrant, the officer shall inform the person to be arrested of his authority and the cause
of the arrest, unless the latter is either engaged in the commission of an offense, is
pursued immediately after its commission, has escaped, flees or forcibly resists before
the officer has opportunity to so inform him, or when the giving of such information will
imperil the arrest (Sec. 8).
(3) Method of arrest by private person. – When making an arrest, a private person shall
inform the person to be arrested of the intention to arrest him and cause of the arrest,
unless the latter is either engaged in the commission of an offense, is pursued
immediately after its commission, or has escaped, flees or forcibly resists before the
person making the arrest has opportunity to so inform him, or when the giving of such
information will imperil the arrest (Sec. 9).

What Is a Warrant?

A warrant is an official document, signed by a judge. An arrest warrant authorizes officers to take a
defendant into police custody. In order to obtain an arrest warrant, officers must convince a judge
that there is probable cause (a reasonable suspicion based on facts) for the arrest or search.
Arrest warrants typically identify the crime for which a judge has authorized an arrest, and might
restrict the manner in which an officer can make an arrest. For example, an arrest warrant might
state that officers can arrest a suspect "only between the hours of 8 a.m. and 6 p.m."

Requisites of a valid warrant of arrest

(1) Requisites for arrest warrant issued by a RTC judge under Sec. 5, Rule 112: 
a. Within 10 days from the filing of the complaint or information 
b. The judge shall personally evaluate the resolution of the prosecutor and its
supporting evidence. 
c. If he finds probable cause, he shall issue a warrant of arrest 
d. In case of doubt on the existence of probable cause 

1. The judge may order the prosecutor to present additional evidence within 5 days from
notice; and 
2. The issue must be resolved by the court within 30 days from the filing of the complaint of
information. 

(2) Requisites for issuing search warrant under Sec. 4, Rule 126: 
a. It must be issued upon probable cause in connection with one specific offense; 
b. The probable cause must be determined by the judge himself and not by the
applicant or any other person; 
c. In the determination of probable cause, the judge must examine under oath or
affirmation, the complainant and the witness he may produce; and 
d. The warrant issued must particularly describe the place to be searched and the
things to be seized which may be anywhere in the Philippines.

2. Charging a Crime
As discussed above, officers summarize their investigations in reports and present those reports
and related evidence to prosecutors. Prosecutors review the reports and decide what, if any,
criminal charges to file.

Prosecutors describe the criminal charges against a person and the factual basis for those
charges in a charging document filed with the court. Charging documents are called "complaints,"
"informations," and "indictments."

The grand jury listens to the evidence. If the grand jury concludes that there is probable cause to
believe that an individual committed a crime, the grand jury will issue a charging document known
as an indictment.

The grand jury is a constitutional requirement only for felony crimes prosecuted by the federal
government. States have grand juries, which prosecutors sometimes use, but more frequently,
prosecutors initiate court proceedings by way of a complaint. Once the prosecutor has obtained an
indictment, or written a complaint or information, a judge will issue an arrest warrant for the
defendant.

A felony complaint typically requires a preliminary hearing in front of a judge. In most states, if the
court decides after the preliminary hearing that there is probable cause to believe the defendant
committed the crimes alleged in the complaint, the court will advance the case.

Both an indictment and a typical information signify a finding by a neutral third party (grand jury or
judge) that there is a factual basis for criminal charges.

3. Initial Hearing or Arraignment

Shortly after defendants are arrested and charged, they appear before a judge for an initial
hearing on the case.

At an initial hearing or arraignment, defendants learn more about their rights and the charges
against them.

1.    In open court

2.    By the judge or clerk
3.    By  furnishing  the  accused  with  a  copy  of  the  complaint  or information
4.    Reading it in the language or dialect known to him
5.    Asking him whether he pleads guilty or not guilty

4. Pre-trial and Pre-trial Conference

Pre-trial; mandatory  in criminal cases. – In all  criminal cases  cognizable  by  the 
Sandiganbayan,  Regional  Trial  Court, Metropolitan  Trial  Court,  Municipal  Trial  Court  in 
Cities,  Municipal Trial  Court  and  Municipal  Circuit  Trial  Court,  the  court  shall,  after
arraignment  and  within  thirty  (30)  days  from  the  date  the  court acquires  jurisdiction  over 
the  person  of  the  accused,  unless  a shorter  period  is  provided  for  in  special  laws  or 
circulars  of  the Supreme  Court,  order   a  pre-trial   conference  to   consider  the following:

(a) plea bargaining;

(b) stipulation of facts;
 (c) marking for identification of evidence of the parties;
(d) waiver of objections to admissibility of evidence;
(e)  modification  of  the  order  of  trial  if  the  accused  admits  the charge but interposes a
lawful defense; and
(f) such matters as will promote a fair and expeditious trial of the criminal and civil aspects
of the case.
1.    The  presence  of  the  accused  and  more  importantly  the  offended party,  for  purposes 
of  plea  bargaining  and  determination  of  civil liability.    Remember  that  plea  bargaining  isn’t 
allowed  in  cases involving violations of the Dangerous Drugs Act.
2.    Referring  the  matter  for  preliminary  conference  to  the  clerk  of court.
3.    Warning  that  evidence  not  offered  during  preliminary  conference shall be inadmissible
except if because  of good  cause and under the discretion of the court

5. Sentencing

If the jury finds the defendant guilty or the defendant pleads guilty or no contest, the court
sentences the defendant. Sentencing can happen at a sentencing hearing or at the time a
defendant enters a plea of guilty or no contest.

Federal and state laws set the punishments for most crimes. Typical penalties include fines and
jail or prison time. Sentencing laws can specify exact incarceration terms and fines, or give judges
a range from which to choose.

When they have some leeway, judges consider a variety of factors when they craft a sentence.
Factors include the defendant's criminal record, the nature of the crime itself, the amount of loss or
damage caused by the defendant, whether the defendant has expressed regret for the crime, and
statements from victims.

6. Appeal

A guilty verdict is not necessarily the end of a criminal case. Even after conviction, a defendant
can file an appeal, asking a higher (appellate) court to review and change a decision of a lower
court. A defendant can appeal the conviction or appeal just the sentence. With defendants who
are sentenced following a plea bargain, part of the bargain might include a waiver of the right to
appeal.

An appeal is not another trial; rather, it is an opportunity for a defendant to argue that certain
errors committed by the trial judge or the defendant's own attorney likely changed the outcome of
the case. For instance, a defendant might argue that the judge's decision to deny the defense's
motion to suppress evidence was not only incorrect but likely affected the jury's vote. In a variation
of "no harm, no foul," an appellate court will not reverse a conviction based on a mistake in the
trial court unless the appellate judges are convinced that the mistake was a significant factor in the
jury's decision.

An appellate court that sides with the defense can reverse a conviction, alter a sentence, or order
a new trial altogether. In rare cases, the appellate court will dismiss the case altogether.