Section 2

Requisites for a valid search warrant:

1. probable cause is present;
2. such presence is determined personally by the judge;
3. the complainant and the witnesses he or she may produce are personally examined by
the judge, in writing and under oath or affirmation;
4. the applicant and the witnesses testify on the facts personally known to them; and
5. the warrant specifically describes the place to be searched and the things to be seized.

Allowable warrantless searches

1. Warrantless search incidental to a lawful arrest recognized under Section 12, Rule 16 of
the Rules of Court and by prevailing jurisprudence.
But the tests for a valid warrantless search incidental to a lawful arrest are:
(1) the item to be searched was within the arrestee's custody or area of
immediate control and
(2) the search was contemporaneous with the arrest
2. Seizure of evidence in "plain view."
The requisites for this are the elements of which are:
(1) a prior valid intrusion in to a place;
(2) the evidence was inadvertently discovered by the police who had the right to
be where they are;
(3) the illegality of the evidence must be immediately apparent; and,
(4) and is noticed without further search.
3. Search of a moving vehicle.
Highly regulated by the government, the vehicle's inherent mobility reduces
expectation of privacy. But there must be a highly reasonable suspicion
amounting to probable cause that the occupant committed a criminal activity.
4. Consented warrantless search.
De Garcia v. Locsin says: But it must appear first, that the right exists; secondly,
that the person involved had knowledge, either actual or constructive, of the
existence of such right; lastly, that said person had an actual intention to
relinquish the right.
6. Customs search or Seizure of goods concealed to avoid duties.
7. Stop and Frisk; situations A 'stop-and-frisk' serves a two-fold interest: (1) the general
interest of effective crime prevention and detection, which underlies the recognition
that a police officer may, under appropriate circumstances and in an appropriate
manner, approach a person for purposes of investigating possible criminal behavior
even without probable cause; and (2) the more pressing interest of safety and self-
preservation which permit the police officer to take steps to assure himself that the
person with whom he deals is not armed with a deadly weapon that could unexpectedly
and fatally be used against the police officer.
8. Exigent and Emergency Circumstances. An emergency situation requiring swift action to
prevent imminent danger to life or serious damage to property, or to forestall the
imminent escape of a suspect, or destruction of evidence.
Warrantless Arrests
Sec. 5. Arrest without warrant; when lawful. – 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 FRAGRANTE DELICTO – requisites:

1. the person to be arrested must execute an overt act indicating that he has just
committed, is actually committing, or is attempting to commit a crime; and
2. such overt act is done in the presence or within the view of the arresting officer.

Seizure of evidence in "plain view" – elements:

(a) a prior valid intrusion based on the valid warrantless arrest in which the police
are legally present in the pursuit of their official duties;
(b) the evidence was inadvertently discovered by the police who had the right to be
where they are;
(c) the evidence must be immediately apparent, and
(d) "plain view" justified mere seizure of evidence without further search.

Circumstances to consider in a “consented” or “voluntary” search:

1. Age of the defendant
2. Whether the defendant was in a public or secluded area
3. Whether the defendant objected to the search or passively looked on
4. The education and intelligence of the defendant
5. The presence of coercive police procedures
6. The defendant’s belief that no incriminating evidence would be found
7. The nature of police questioning
8. The environment in which the questioning took place
9. The possibly vulnerable subjective state of the person consenting

Section 12

Rights made available to a person under investigation:

(1) the right to remain silent;
(2) the right to competent and independent counsel preferably of his own choice;
(3) the right to be informed of such rights.
The following constitutional requirements must be observed in custodial investigations:
(1) The person in custody must be informed at the outset in clear and unequivocal terms
that he has a right to remain silent.
(2) After being so informed, he must be told that anything he says can and will be used
against him in court.
(3) He must be clearly informed that he has the right to consult with a lawyer and to
have the lawyer with him during the interrogation. He does not have to ask for a
lawyer. The investigators should tell him that he has the right to counsel at that point.
(4) He should be warned that not only has he the right to consult with a lawyer but also
that if he is indigent, a lawyer will be appointed to represent him.
(5) Even if the person consents to answer questions without the assistance of counsel,
the moment he asks for a lawyer at any point in the investigation, the interrogation
must cease until an attorney is present.
(6) If the foregoing protections and warnings are not demonstrated during the trial to
have been observed by the prosecution, no evidence obtained as a result of the
interrogation can be used against him.

Application in police line-up

No, if not questions are asked. However, "the moment there is a move or even an urge
of investigators to elicit admissions or confessions or even plain information which may
appear innocent or innocuous at the time, from said suspect, he should then and there
be assisted by counsel, unless he waives the right; but the waiver shall be made in
writing and in the presence of counsel."

Requisites for an extrajudicial confession to be admissible in evidence:

1) the confession must be voluntary;
2) the confession must be made with the assistance of competent and independent counsel;
3) the confession must be express; and
4) the confession must be in writing.
5) Signed, or if the confessant does not know how to read and write, thumb marked by him.

Section 13

Guidelines to fixing bail:

1. Ability of the accused to give bail
2. Nature of the offense
3. Penalty for the offense charged
4. Character and reputation of the accused
5. Health of the accused
6. Character and strength of evidence
7. Probability of the accused appearing in trial
8. Forfeiture of other bonds
9. Whether the accused who was a fugitive from justice when arrested
 10. If the accused is under bond for appearance at trial in other cases

Bail may be granted to a possible extraditee only upon a clear and convincing showing:
(1) that he will not be a flight risk or a danger to the community, and
(2) that there exist special, humanitarian and compelling circumstances

Section 14
IN ALL CRIMINAL PROSECUTIONS, THE ACCUSED SHALL BE
1. PRESUMED INNOCENT UNTIL THE CONTRARY IS PROVED, AND
2. SHALL ENJOY THE RIGHT
i) TO BE HEARD BY HIMSELF AND COUNSEL,
ii) TO BE INFORMED OF THE NATURE AND CAUSE OF THE ACCUSATION AGAINST HIM,
iii) TO HAVE A SPEEDY, IMPARTIAL, AND PUBLIC TRIAL,
iv) TO MEET THE WITNESSES FACE TO FACE,
v) AND TO HAVE COMPULSORY PROCESS TO SECURE THE ATTENDANCE OF WITNESSES
AND THE PRODUCTION OF EVIDENCE IN HIS BEHALF.
3. HOWEVER, AFTER ARRAIGNMENT, TRIAL MAY PROCEED NOTWITHSTANDING THE
ABSENCE OF THE ACCUSED PROVIDED THAT HE HAS BEEN DULY NOTIFIED AND HIS
FAILURE TO APPEAR IS UNJUSTIFIABLE.

Elements of the right to be heard:

(1) the right to be present at the trial;
(2) the right to counsel;
(3) the right to an impartial judge;
(4) the right of confrontation;
(5) the right to compulsory process to secure the attendance of witnesses.

Requisites of a valid trial in absentia:

(1) the accused has already been arraigned;
(2) he has been duly notified of the trial; and
(3) his failure to appear is unjustifiable.

For an information to be considered valid and sufficient:

1. Name of the accused
2. The designation of the offense given by the statute
3. The acts or omissions complained of as constituting the offense 4. The name of the offended
party
5. The approximate date of the commission of the offense 6. The place where the offense was
committed
 Section 15

Writ of habeas corpus – a writ directed to the person detaining another, commanding him to
produce the body of the prisoner at a designated time and place, with the day and cause of his
caption and detention, to do, submit to, and receive whatever the court or judge awarding the
writ shall consider in that behalf. (Hence, an essential requisite for the availability of the writ is
actual deprivation of personal liberty).

Privilege of the writ of habeas corpus – the right to have an immediate determination of the
legality of the deprivation of physical liberty.

For the validity of the suspension, two requisites must concur:

(1) the existence of actual invasion or rebellion;
(2) public safety requires the suspension.

Section 16

The right to speedy disposition is violated if:

1. Proceedings is attended by vexatious, capricious, and oppressive delays
2. Unjustified postponements of the trial are asked for and secured
3. Without cause or justifiable motive, a long period of time is allowed to elapse without
the party having his case tried

Balancing test on the right to speedy disposition of cases:

1. Conduct of both prosecution and defendant
2. Factors:
a. Length
b. Reason
c. Assertion or failure to assert of the accused
d. Prejudice caused by delay

Section 19

The following may be used as guides for determining whether a punishment is "cruel and
unusual:"
(1) A punishment must not be so severe as to be degrading to the dignity of human
beings.
(2) It must not be applied arbitrarily.
(3) It must not be unacceptable to contemporary society.
(4) It must not be excessive, i.e., it must serve a penal purpose more effectively than a
less severe punishment would.

Reqs of what is considered to be a heinous crime:

1. Congress define what is meant by heinous crimes
2. That Congress specify and penalize by death, only crimes that qualify as heinous
3. That Congress, in enacting the death penalty bill be singularly motivated by compelling
reason involving heinous crime

3 things to consider in the application of the constitutional provision prohibiting cruel and
unusual punishment:
1. Compare the nature and gravity of the offense and the harshness of the penalty
2. Compare the sentences imposed on other criminals in the same jurisdiction
3. Compare the sentences imposed for commission of the same crime in other
jurisdictions

Section 21

To raise the defense of double or second jeopardy, three requisites must be shown:
(1) a first jeopardy must have attached prior to the second;
(2) the first jeopardy must have terminated;
(3) the second jeopardy must be for the same offense as that in the first.

Jeopardy attaches
(a) upon a good indictment,
(b) before a competent court,
(c) after arraignment,
(d) after plea.

Jeopardy is terminated:
(1) By acquittal;
(2) by final conviction;
(3) by dismissal without express consent of the accused;
(4) by "dismissal" on the merits.

Section 22

Elements of a bill of attainder

(1) There must be a law;
(2) the law imposes a penal burden on a named individual or easily ascertainable
members of a group;
(3) the penal burden is imposed directly by the law without judicial trial.