OLAER, DONNA MAY SEPTEMBER 24, 2021

BS CRIMINOLOGY CRIM PRAC I

ACTIVITY NO.1 - PROSECUTION ASPECT

Instruction: Research and answer the following items.

1. What are those cases which require preliminary investigation? Give 5 examples and
state their period of imprisonment or punishment.

Cases that require preliminary investigation are those offenses punishable by

imprisonment of at least 4 years, 2 months and 1 day, regardless of the fine, except if the
accused was arrested by virtue of a lawful arrest without warrant.

1. HOMICIDE
An attempt to commit homicide shall be punished within level 4. The
same punishment shall be imposed if in the course of committing any unlawful
act, a person is killed. (RPC, Art. 4) Any person who acts as accessory to
homicide shall be punished within level 4. Specifically, more than 12 years to 20
years + fine equivalent to 10 to 100 times (in multiples of ten) the average daily
income.

2. RECKLESS IMPRUDENCE RESULTING TO SERIOUS PHYSICIAL

INJURIES
Any person who causes the physical injuries of another through
negligence or by reason of inexcusable lack of precaution while performing a lawful
act, shall be punished within level 2. (RPC 365) Specifically, more than one year to
six years + fine equivalent to 10 to 20 times (in multiples of five) the average daily
income.

3. VIOLATION OF SECTION 5 AND 11 OF R.A. 9165

a. Violation of Section 5 - Sale, Trading, Administration, Dispensation, Delivery,

Distribution and Transportation of Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals

The penalty of life imprisonment to death and a fine ranging from Five
hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00)
shall be imposed upon any person, who, unless authorized by law, shall sell, trade,
administer, dispense, deliver, give away to another, distribute dispatch in transit
or transport any dangerous drug, including any and all species of opium poppy
 regardless of the quantity and purity involved, or shall act as a broker in any of
such transactions.

The penalty of imprisonment ranging from twelve (12) years and one (1)
day to twenty (20) years and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed
upon any person, who, unless authorized by law, shall sell, trade, administer,
dispense, deliver, give away to another, distribute, dispatch in transit or transport
any controlled precursor and essential chemical, or shall act as a broker in such
transactions.

If the sale, trading, administration, dispensation, delivery, distribution, or

transportation of any dangerous drug and/or controlled precursor and essential
chemical transpires within one hundred (100) meters from the school, the
maximum penalty shall be imposed in every case. For drug pushers who use
minors or mentally incapacitated individuals as runners, couriers, and messengers,
or in any other capacity directly connected to the dangerous drugs and/or
controlled precursors and essential chemical trade, the maximum penalty shall be
imposed in every case.

If the victim of the offense is a minor or a mentally incapacitated

individual or should a dangerous drug and/or a controlled precursor and essential
chemical involved in any offense herein provided be the proximate cause of death
of a victim thereof, the maximum penalty provided for under this Section shall be
imposed. The maximum penalty provided for under this Section shall be imposed
upon any person who organizes, manages, or acts as a "financier" of any of the
illegal activities prescribed in this Section.

The penalty of twelve (12) years and one (1) day to twenty (20) years of
imprisonment and a fine ranging from One hundred thousand pesos (P100,000.00)
to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person,
who acts as a "protector/coddler" of any violator of the provisions under this
Section.

b. Violation of Section 11 - Possession of Dangerous Drugs.

The penalty of life imprisonment to death and a fine ranging from Five
hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00)
shall be imposed upon any person, who, unless authorized by law, shall possess
any dangerous drug in the following quantities, regardless of the degree of purity
thereof:
(1) 10 grams or more of opium;
 (2) 10 grams or more of morphine;
(3) 10 grams or more of heroin;
(4) 10 grams or more of cocaine or cocaine hydrochloride;
(5) 50 grams or more of methamphetamine hydrochloride or "shabu";
(6) 10 grams or more of marijuana resin or marijuana resin oil;
(7) 500 grams or more of marijuana; and
(8) 10 grams or more of other dangerous drugs such as, but not limited to,
methylenedioxymethamphetamine (MDA) or "ecstasy",
paramethoxyamphetamine (PMA), trimethoxyamphetamine (TMA),
lysergic acid diethylamine (LSD), gamma hydroxyamphetamine (GHB),
and those similarly designed or newly introduced drugs and their
derivatives, without having any therapeutic value or if the quantity
possessed is far beyond therapeutic requirements, as determined and
promulgated by the Board in accordance to Section 93, Article XI of this
Act.

Otherwise, if the quantity involved is less than the foregoing quantities,

the penalties shall be graduated as follows:

(1) Life imprisonment and a fine ranging from Four hundred thousand
pesos (P400,000.00) to Five hundred thousand pesos (P500,000.00), if the
quantity of methamphetamine hydrochloride or "shabu" is ten (10) grams or more
but less than fifty (50) grams; (2) Imprisonment of twenty (20) years and one (1)
day to life imprisonment and a fine ranging from Four hundred thousand pesos
(P400,000.00) to Five hundred thousand pesos (P500,000.00), if the quantities of
dangerous drugs are five (5) grams or more but less than ten (10) grams of opium,
morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or marijuana
resin oil, methamphetamine hydrochloride or "shabu", or other dangerous drugs
such as, but not limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and
those similarly designed or newly introduced drugs and their derivatives, without
having any therapeutic value or if the quantity possessed is far beyond therapeutic
requirements; or three hundred (300) grams or more but less than five (hundred)
500) grams of marijuana; and (3) Imprisonment of twelve (12) years and one (1)
day to twenty (20) years and a fine ranging from Three hundred thousand pesos
(P300,000.00) to Four hundred thousand pesos (P400,000.00), if the quantities of
dangerous drugs are less than five (5) grams of opium, morphine, heroin, cocaine
or cocaine hydrochloride, marijuana resin or marijuana resin oil,
methamphetamine hydrochloride or "shabu", or other dangerous drugs such as,
but not limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those
similarly designed or newly introduced drugs and their derivatives, without
 having any therapeutic value or if the quantity possessed is far beyond therapeutic
requirements; or less than three hundred (300) grams of marijuana.

4. ILLEGAL CUTTING OF COCONUT TREE

Those found guilty of violating this Act or any rules and regulations issued
pursuant hereto shall, upon conviction, be punished by imprisonment of not less than two
(2) years but not more than six (6) years, or a fine of not less than one hundred thousand
pesos (P100,000.00) but not more than five hundred thousand pesos (P500,000.00), or
both, at the discretion of the court. Upon verification by the PCA that no replanting was
done, the barangay captain who issued the certification shall, upon conviction, be
penalized with imprisonment of not less than three (3) years but not more than seven (7)
years and a fine of not less than one hundred thousand pesos (P100,000.00) but not more
than one million pesos (P1,000,000.00). Furthermore, the barangay captain concerned
shall be perpetually disqualified from holding any other public office.”

5. THEFT

1. The penalty of prision mayor in its minimum and medium periods, if the value of
the thing stolen is more than 12,000 pesos but does not exceed 22,000 pesos, but if
the value of the thing stolen exceeds the latter amount the penalty shall be the
maximum period of the one prescribed in this paragraph, and one year for each
additional ten thousand pesos, but the total of the penalty which may be imposed shall
not exceed twenty years. In such cases, and in connection with the accessory penalties
which may be imposed and for the purpose of the other provisions of this Code, the
penalty shall be termed prision mayor or reclusion temporal.

2. The penalty of prision correccional in its medium and maximum periods, if the
value of the thing stolen is more than 6,000 pesos but does not exceed 12,000 pesos.

3. The penalty of prision correccional in its minimum and medium periods, if the
value of the property stolen is more than 200 pesos but does not exceed 6,000 pesos.

4. Arresto mayor in its medium period to prision correccional in its minimum period
if the value of the property stolen is over 50 pesos but does not exceed 200 pesos.

5. Arresto mayor to its full extent if such value is over 5 pesos but does not exceed 50
pesos.

6. Arresto mayor in its minimum and medium periods if such value does not exceed 5
pesos.
 7. Arresto menor or a fine not exceeding 200 pesos, if the theft is committed under
the circumstances enumerated in paragraph 3 of the next preceding article and the
value of the thing stolen does not exceed 5 pesos. If such value exceeds said amount,
the provision of any of the five preceding subdivisions shall be made applicable.

8. Arresto menor in its minimum period or a fine not exceeding 50 pesos, when the
value of the thing stolen is not over 5 pesos, and the offender shall have acted under
the impulse of hunger, poverty, or the difficulty of earning a livelihood for the
support of himself or his family.
2. What are the documents/pieces of evidence that must be included in the following
cases filed before the prosecutor’s office for preliminary investigation?

 HOMICIDE

 Medical certificate of the victim for attempted homicide.

 Medical certificate of the complaining witness/victim showing the nature and
extent of the injury and duration of healing
 Certification or statement as to duration of the treatment or medical attendance
Certification or statement as to duration of incapacity for work
 Death certificate of the victim for homicide cases
 Autopsy report and the certificate of post-mortem examination, if already
available.

 RECKLESS IMPRUDENCE RESULTING TO SERIOUS PHYSICAL

INJURIES

 Medical Certificate of the victim.

 Medical certificate of the complaining witness/victim showing the nature and
extent of the injury and duration of healing
 Certification or statement as to duration of the treatment or medical attendance
 Certification or statement as to duration of incapacity for work

 VIOLATION OF SEC 5 AND 11 OF RA 9165

 Chemistry Report/Laboratory examination report signed by forensic chemist

 Field test results on the seized drug as attested to by a PNP Narcotics Command
operative or another competent person
 Machine copy or photograph of the buy-bust money, if available
 Affidavit of the poseur buyer, if any.
  ILLEGAL CUTTING OF COCONUT TREE
 Investigation Data Form (NPS INV Form No. 1) duly accomplished and certified
under oath by complainant (2 copies)
 Complaint-Affidavit/Sworn Statement of complainant/victim (5) copies plus the
number of respondents)
 Affidavit/Sworn-Statement of witness/es (5 copies plus the Number of
respondents)
 Supporting documents, when required (5 copies plus number of respondents)
 Police Investigation Report
 Mission Order, if any.
 Sworn Statements in question-and-answer form of the arresting officers and
witnesses.
 Pictures: locally showing the scene of illegally cut coconut tree

 Theft

 Inventory/List of articles/Items subject of the offense with their respective values

 Statement of their respective values
 Investigation Data Form (NPS INV Form No. 1) duly accomplished and certified
under oath by complainant (2 copies)
 Complaint-Affidavit/Sworn Statement of complainant/victim (5) copies plus the
number of respondents)
 Affidavit/Sworn-Statement of witness/es (5 copies plus the Number of
respondents)

3. Describe the inquest proceedings and discuss its procedure?

Based on what I learned from my previous subjects related to law, inquest

proceedings are only appropriate in circumstances when the penalty for the offense is at
least 4 years, 2 months, and 1 day. The inquest compels prosecutors to resolve the police
complaint within a certain amount of time, which varies based on the severity of the
offense. Cases with light penalties must be settled in 12 hours. Those with correctional
penalties must be resolved in 18 hours; and those with afflictive or capital penalties must
be resolved in 36 hours. If the inquest prosecutor does not finish the procedures within
the time limit, the person must be freed. If there is no probable cause to hold him responsible
for the offense now, the Inquest Prosecutor will determine whether the suspect or arrestee
should be freed for further preliminary inquiry or detained if there is solid evidence
against him for the commission of the offense. If the Inquest Prosecutor chooses the
second option, it will result in the filing of a complaint or information in court, as well as
an application for bail by the suspect who is still held and is now a defendant in a criminal case.
Alternatively, if the suspect wants to use Rule 112, he can waive Article 125 of the
Revised Penal Code, or he can wait until the complaint or information is submitted in
court and then request a preliminary investigation within five days of learning of its filing.

4. In your own words explain the difference of Preliminary investigation from Inquest
proceedings.

I believe there’s not much of a difference between inquest proceedings and

preliminary investigation. However, the latter takes longer. This gives both the
complainant and the respondent the opportunity to rebut each other. Respondent is given
the chance to file a counter-affidavit once the complaint is filed via an affidavit. In a
reply- affidavit, the complainant will have the opportunity to refute the respondent's counter-
affidavit. Respondent will have the final word if the prosecutor allows it by filing a
rejoinder-affidavit. Affidavits are filed during the prosecutor's scheduled sessions.
Following this exchange, the fiscal assesses the evidence presented and concludes
whether probable cause exists. The respondent is not held during this exercise.
Respondent, on the other hand, is already in custody at the time of the inquest. With the
affidavit of a person who witnessed the act firsthand, the fiscal is likely to find probable cause.
There is no longer any need to exchange affidavits. The complaint is filed with the court by
the prosecutor.