Notes on Crimpro

Crimes and Bill of Rights-

-rights of the accused during trial

Midterms until Motion to Quash

Rules will be discussed

Cybercrime warrants

5 Pillars of the Criminal Justice System

1. Law Enforcement Process
a. Investigation
2. Prosecution Process
3. Judicial Process
-the prosecution would file
4. Penal or Correctional Process
a. Parole
b. Probation
5. Community-

12 hrs inquest prosecutor

18 hrs less grave offenses
36 hrs grave offenses

If beyond the time, the prosecutor will no longer allow the filling of complaint. It will
endorse to the prosecutors office for regular preliminary investigation. He will be given
opportunity to

5 Pillars of the Criminal Justice System

1. Community
If the victim did not report the crime as well as the witness. The victim will not
enter into the system. The other pillar would not be able to perform their function.

People become indifferent or scared because if you report, you will bear the risk
(sya ang babalikan).
How to strengthen- report it to the law enforcement

2. Law Enforcement- interview witnesses, file a complaint before the prosecutor

office, observe the procedure from the arrest, gather and preserve the evidence
(chain of custody).
-prepare the affidavits, medicolegal certificate in physical injuries cases.
How to strengthen- if they do they job well, faithful to their duties.
 How to weaken- not to do their job right, by negligence, consideration (binayaran
ng accused); preservation of evidence

Discrepancy of the marking of the drugs. Chain of custody forms: names of all
persons who have handled that drug. From confiscation to the presentation of
before the court as evidence.

3. Prosecution/Fiscal- present the evidence gathered by the law enforcement

officers.
-if there is no probable cause, it will be dismissed. The boss will be the one to
revert it.
If not apprehended right away, file the case before the prosecution office.
Penalty=4 years 3 months and 1 day.
If not 4 year, determine if there is probable cause.

Fiscal will require subpoena. 12, 18, 36 hours.

Inquest- counter affidavit.
How to weaken-the case may be dismissed by the prosecutor/fiscal. He will
determine what case will be filed against the accused. Even if the complaint is
murder and the true crime was only homicide. He will determine who will be
witnesses or testify in court.
-does not know how to present documents resulting to acquittal of the offender.
How to strengthen- competent prosecutor. Lawyer of the Philippines

State Prosecutor
4. Court-cornerstone of the criminal justice system.
If people will not have trust in courts, they will take justice in their hands.
How to weaken- corrupt and biased judges
Drug cases- 15 days of decision
Summary cases- 30 days
If the penalty does not exceed 3 years, sa local lang
If the penalty exceeds 4 years, sa national prison

5. Correction- reform and rehabilitate the

Person Deprived of Liberty- not prisoner

Riano Notes Jan 20, 2024

Criminal Procedure- constant awareness of the mandatory application of certain

fundamental postulates:
1.Parties are entitled to procedural and substantive process
2. Criminal Prosecutors obliged to prove the elements of crime charged beyond
reasonable doubt
3. compliance to the rule is not an end to itself- means of dispensing the ultimate goal of
legal system which is justice