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Crim Proc Lecture
Crim Proc Lecture
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