Professional Documents
Culture Documents
Crim Proc
Crim Proc
OUTLINE
VII.COMPLAINT/INFORMATION
A. Definition of terms
B. Requisites
C. Examples
IX. JURISDICTION
> MTCC, MCTC, RTC
X. BAIL – Rule 114
XI. RIGHTS OF THE ACCUSED – Rule 115
XII. ARRAIGNMENT – Rule 116, Rule 117
XIII. PRE-TRIAL
XIV. TRIAL
XV. JUDGMENT
XVI. APPEALS
XVII. FLOW CHART
CRIMINAL LAW – that branch of law
which defines crimes or declares what acts
are crimes and prescribes or provides the
punishment for their commission.
CRIMINAL PROCEDURE – It is the
method prescribed by law for the
apprehension and prosecution of persons
accused of any criminal offense, and for
their punishment, in case of conviction.
- Procedural steps commencing from
initial investigation
ARREST – Rule 113
> While the law enforcers may not actually witness the execution
of acts constituting the offense, they must have direct knowledge or
view of the crime right after the commission. They should know for
a fact that a crime was committed. And they must also perceive acts
exhibited by the person to be arrested, indicating that he perpetrated
the crime. Mere intelligence information will not suffice.
Probable cause means an actual belief or reasonable
grounds of suspicion.
reasonable = based on actual facts + good faith on the part of the arresting
officer
(1)Judge
(2)Others authorized by law – B.I.D. Commissioner (after a final Deportation Order is
issued)
METHOD OF ARREST WITH WARRANT:
Inform the person of the cause of the arrest and that he has a warrant EXCEPT
if he flees, forcibly resists before the police had opportunity to tell him and if to
inform him will imperil the arrest.
Arrest Warrant need not be in the possession of the arresting officer at the time
of the arrest but, if required, the warrant should be shown as soon as practicable.
Police officer may verbally ask any person to assist him in arresting a person. Any
person may refuse rendering assistance to the police officer if it is detrimental to
himself.
BREAK INTO A BUILDING OR ENCLOSURE:
where the person to be arrested is or the police officer believes him to be
- if he is refused entry
Who issues: Judge, AFTER he is convinced that the applicant has complied with the
following requirements:
probable cause* in connection with one specific offense to be determined personally
by the judge after –
(2) examination under oath or affirmation of the complainant and the witnesses he
may produce –
(3) particularly describing the place to be searched and the things to be seized which
may be anywhere in the Philippines.
* Probable cause for search is defined as such facts and circumstances which would
lead a reasonably discreet and prudent man to believe that an offense has been
committed and that the objects sought in connection with the offense are in the
place sought to be searched.
Personal Property to be seized (Sec. 3):
1) Subject of the offense
> When to search & seize: Day time, unless the warrant states any time of the day
or night.
Validity of Search Warrant: 10 days from its date. VOID AFTER 10 DAYS.
* To serve the search warrant, the police officer has the right to break door or
window (Section 7).
(2) Deliver the seized items to the court and inventory duly
verified under oath.
The illegality of the search warrant does not call for the return
of the things seized, if the possession thereof is prohibited by
law (malum prohibitum)
Probable cause/dismissal
• Order of Trial:
1. The prosecution shall present evidence to prove the
charge and civil liability;
2. The accused may present evidence to prove his
defense and damages;
3. The parties may respectively present rebutting
evidence;
4. Parties may submit respective memoranda.
* The order may be modified if the accused admits charge
but raises lawful defense (Self-defense). The trial will be
reversed.
JUDGMENT (Rule 120) - It is the adjudication by the
court that the accused is guilty or not guilty of the offense
charged and the imposition on him of the proper penalty
and civil liability.
PRELIMINARY
INVESTIGATION
INQUEST
PROBABLE
DISMISSED PROBABLE FILING OF
CAUSE
CAUSE INFORMATION
PLEA (NOT
GUILTY)
PLEA
GUILTY TO AGREE/ PRESENTATION OF
LESSER REJECT PROSECUTION DEMURRER
OFFENSE EVIDENCE
SUFFICIENT? DISMISSED
PRESENTATION O F
DEFENSE EVIDENCE
JUDGMENT
ACQUITTAL CONVICTION
APPEAL