UPDATES IN CRIM LAW AND PROCEDURE by DCP Irene

Preliminary investigation – when not needed

 Inquest proceeding – there’s crime that happened – HOT PURSUIT DOCTINE –

crime happened and the offender is immediately arrested –
 Rules on summary procedure – PI not needed – complaint will pass through he
prosecutor’s office.

 Documentation must be completed – offender can be brought to inquest

proceeding
 TWO INDISPENSABLE REQ.: for a case to be filed in court
o Probable cause – P. v. Sayo

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 Quantum of evidence
o Valid warrantless arrest - offender is caught in the act – hot pursuit
doctrine – must be continuous
 P v Romy Lim, GR 231989, sept 4, 2018
 ART 125, RPC (talks about inquest proceeding – less grave offense)–
not period to make an arrest; period to make the proper delivery to
judicial authorities – period when inquest should be done
 No period to make an arrest – no jurisprudence yet
 What is really considered as valid warrantless arrest?
o Depends on the circumstances

o NOTE: absence of one requisite will refer the

 case for further investigation –
o Effect: detainee will be released
o There is still a case

 Waiver of Art. 125 RPC – effect:

o Contract between the detainee and the State – he will be given the
opportunity to controvert the case by filing counter-affidavit (controverting
exvidence)
o The detainee will be detained but allowed to gather his evidence
 The detainee must be with his legal counsel in invoking this waiver
- even lawyers (offenders) themselves must be with another legal
counsel
 IBP v DOJ, GR. 232413 – non-drugs case – inquest prosecutor
has 15 days to conduct prelim. Investigation (RULE 112)/ to
resolve the case– why? if there’s a waiver of ART 125, inquest
proceed is motu proprio converted to a regular preliminary
investigation

 Waiver must be in writing
 Should be within Inquest Proceeding
 DETAINEE: GR: cannot be released upon waiving ART 125

- prosecutor has 36 hrs to file a case against the offender
- prosecutor cannot entertain any bargain by the detainee

 12-18-36 Rule:
o 12 hrs – less grave felonies
o 18 hrs –
o 36 hrs – afflictive felonies – non-bailable felonies

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 PROPER JUD AUTHORITIES – court (BP 129 – judiciary reorganization act

o Inquest is now conducted by the prosecutor’s office

o What then is the rule? – ART 125 must coincide with SEC 7, RULE 112

 WON Motion to fix bail ad cautelam if there’s a waiver of ART 125 by the
detainee is allowed
o Singson vs. People
o YES, allowed to fix bail provided the case is bailable – basis: presumtption
of innocence
o BUT: may file a petition for habeas corpus instead

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 Not proper for inquest proceeding – don’t dismiss but must be referred to
further investigation

o REQ. OF INQUEST – there has to be an arrested person there. If the

offender ran away, then there would be a direct filing

 Duties of the judge – warrant of arrest – information is filed

 No probable cause – dismiss a case
 PC – issue warrant of arrest
 Extreme instances – judge may ask for the prosecutor for add. Evidence before
issuing a warrant of arrest (GR 183345)
o Optional/discretionary

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Instances when a judge to review the determination made by a prosecutor for the
purpose of filing in court

 Grave abuse of discretion

 Error of law
 Budges of corruption

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 Three grounds for the suspension of arraignment: Rule 116: section 11

o Insanity – P. vs. Estrada – incompetence
o Prejudicial question
o Pending petition for review of the resolution of the prosecutor is pending at
either the DOJ or the OP
 Note: motion for reconsideration is not a ground (Ramiscal Case)

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 DOJ cannot validly issue HDO or watch list order, only court can issue
 Precautionary HDO – complainant the prosecutor holding the case to file a PHDO
before the RTC where the crime is committed

 Jurisdictional – you can only file it to the place where a crime is committee
o Cybercrime warrant – see A.M. No. 17-11-03-SC for this

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 8.8 M and above – non-bailable

 Miranda vs. Tulyao

 File bail when you’re in custody of the law

o EXN: invoke the special jurisdiction of the court by impugning the
jurisdiction over his person

 Prelim conference before pre-trial – in criminal case, not mandatory

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- See, RULE 119, section 23

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