RULE 122: APPEAL

RULE 122 SEC. 8

Transmission of papers to appellate court upon appeal. Within 5 days from the filing of the notice of appeal, the clerk of the court with whom the notice of appeal was filed must transmit to the clerk of court of the appellate court the complete record of the case, together with said notice.

RULE 122 SEC. 8

The original and three copies of the transcript of stenographic notes, together with the records, shall also be transmitted to the clerk of the appellate court without undue delay. The other copy of the transcript shall remain in the lower court.

RULE 122 SEC. 8

- Incumbent upon the trial courts and their officers to see that the record sets forth a full and complete report of all the incidents of the trial - There should be strict compliance in the prescribed formalities Remand of the case where record is incomplete - If any of the material evidence is not so transmitted and is lost, the cause will be remanded to the court of origin for a new trial.

RULE 122 SEC. 8

- Clerk of the trial court should guard carefully the exhibit introduced during the trial and in sending the record, should note each exhibit thus sent. - When the record sent to the appellate court is deficient and the testimony lacking cannot be obtained, the appeal will not be dismissed; the case, instead, shall be remanded to the court a quo for a new trial. Such new trial does not constitute double jeopardy.

RULE 113 SEC. 5

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.

ARREST WITHOUT WARRANT WHEN LAWFUL

Those enumerated in Sec. 5 Rule 113 subparagraphs (a), (b) and (c)
In the arrest of a person without a warrant, the burden of proof is with the person arresting or causing the arrest to show that the arrest was lawful

ARREST WITHOUT WARRANT WHEN LAWFUL

RATIONALE: To hold that no criminal can, in any case, be arrested and searched without a warrant, would be to leave society, to a large extent, at the mercy of the shrewdest, the most expert, and the most depraved of criminals facilitating their escape in many instances. (People vs. Malasugui)

An arrest made not in connection with a crime about to be committed, being committed, or just committed under Sec.5 Rule 113 is not justified.

WARRANTLESS ARREST UNDER PARAGRAPH (A)

It is essential that the arrest was made while the person so arrested has committed, is actually committing or is attempting to commit an offense.

The person to be arrested must have commenced the commission of the crime directly by overt acts.

WARRANTLESS ARREST UNDER PARAGRAPH (A)

An offense is committed in the presence or within the view of the person making the arrest when he sees the offense, although at a distance, or hears the disturbances created thereby and proceeds at once to the scene thereof; or the offense is continuing or has been consummated, at the time is arrest is made.

WARRANTLESS ARREST UNDER PARAGRAPH (B)

There must be a large measure of immediacy between the time the offense was committed and the time of the arrest. If there be an appreciable time lapse between the arrest and the commission of the crime, a warrant of arrest must be secured.
* Umil vs. Ramos * People vs. Nazareno

* People vs. Burgos

* Umil vs. Ramos

SC found out that he was not arrested while in the act of shooting the two soldiers, nor was he arrested just after the commission of the offense for his arrest came a day after the shooting incident. Justified the arrest for being a member of the New Peoples Army (NPA) an outlawed subversive organization Subversion being a continuous offense, it can be said that Rolando Dural is committing an offense when arrested.

* People vs. Burgos

Arrested while plowing his field
The lower court justified the arrest, search and seizure without warrant under Section 6-A, Rule 113 of the Rules of Court. The SC held the arrest as unlawful as there is no such personal knowledge on the part of the arresting officers. If an arrest without warrant is unlawful at the moment it is made, generally, nothing that is discovered afterwards cannot make it lawful.

WARRANTLESS ARREST UNDER PARAGRAPH (B)

It is mandatory on the part of the person making the arrest to have personal knowledge of certain facts or circumstances indicating that the person to be taken into custody has committed the offense. Absence of personal knowledge of certain facts or circumstances makes the arrest legally objectionable.

WARRANTLESS ARREST UNDER PARAGRAPH (B)

Personal knowledge on the part of the arresting officer must be based upon probable cause which means an actual belief or reasonable grounds of suspicion.
Reasonable - when, the person to be arrested is probably guilty of committing the offense is based on actual facts, i.e, supported by circumstances sufficiently strong in themselves to create the probable cause of guilt of the person to be arrested.

WARRANTLESS ARREST UNDER PARAGRAPH (C)

RATIONALE: At the time of the arrest, the escapee is in the continuous act of committing a crime, that is, evasion of service of sentence

DUTY OF THE PERSONS MAKING THE ARREST

When the arrest is made under paragraph (a) and (b) and the offense is properly cognizable by the RTC or by the MTC, MCTC, the person so arrested without a warrant should be delivered forthwith to the nearest police station or jail and a complaint or information should be filed against him in accordance with the procedure provided for in Section 7, Rule 112.

DUTY OF THE PERSONS MAKING THE ARREST

In any case, the corresponding complaint must be filed within the periods provided for in Article 125 of the Revised Penal Code. Where the person arrested was a fugitive from justice, the person making the arrest should also deliver him to the nearest police station or jail, and notice of his apprehension and detention be furnished the appropriate authorities.