CRIMPRO Midterms Reviewer

REMEDIAL REMEDIA L LAW: LAW: CRIMINAL PROCEDURE

9. Right to be secured in ones person, house, papers, effects against unreasonable searches and seizure 10. Liberty of abode 11. Privacy of communication and correspondence 12. Right to associate 13. Right to peaceable assembly

PROF . SANDRA M ARIE OLASO -C ORONEL

14. Right to be free from involuntary servitude

REVIEWER BY: MARIA ARA H. GARCIA

15. Right of accused against excessive bail 16. Right of accused to be heard by himself and

PART ONE: PROSECUTION OF CRIMINAL

counsel, to be informed of nature of the

 AN D CI VI L AS PE CT S OF OF FE NS E A ND

offense, to have speedy and public trial, to

 AP PL IC AT IO N FO R PR OV IS IO NA L RE ME DI ES 

meet witnesses face to face, and have compulsory process to secure attendance of 

Nature of actions arising from criminal act 

witness in his behalf  17. Freedom from being compelled to witness against himself, or forced to confess guilty (right

A. Criminal B. Civil

against self-incrimination) 18. Freedom from excessive fines, or cruel punishment

RPC Arts. 100-113 Civil Code

19. Freedom of access to the courts 

In these cases, the aggrieved party has the right to commence an entirely separate and distinct

General rule:

civil action for damages. It shall proceed

Art. 29. When the accused in criminal proceeding is

independently of criminal prosecution and may

acquitted on ground of guilt not proved beyond

be proved by preponderance of evidence

reasonable doubt, a civil action for damages may be instituted (requires only preponderance of evidence)

Exceptions: Under these cases, a separate civil action may be instituted independently of the criminal action, and shall only require preponderance of evidence

Art. 32. Any public officer or employee, or any private individual, who obstructs, defeats, violates in any

Art. 33. In cases of defamation, fraud, and physical injuries Art. 34. When member of a city or municipal police force refuses or fails to render aid or protection to any person in case of danger to life or property

Art. 2176. Quasi-delict

manner impedes or impairs any of the following shall be liable to the latter for damages: 1. Freedom of religion 2. Freedom of speech 3. Freedom of press to maintain publication 4. Freedom from arbitrary or illegal detention 5. Freedom of suffrage 6. Right against deprivation of property without due process 7. Right to just compensation 8. Right to equal protection of laws

Institution of actions arising from crime Generally Rule 110, Sec 1: (a) For offenses where preliminary investigation is required: - file complaint with proper officer for purpose of conducting PI (b) For all other offenses:

- file with MTC or MCTC, or the

Provided: They have jurisdiction over

complaint with Office of Prosecutor

offenses involving damage to property

(OP)

through criminal negligence

- In Manila and other chartered c ities: OP unless otherwise provided * Filing of action shall interrupt period of prescription

Rule 110, Sec. 15. Place where action is to be instituted (a) Court of municipality or territory where o ffense was committed or any of its essential

unless otherwise provided

RJCL, Sec. 11: Against a juvenile

ingredients occurred (b) When committed on train, aircraft, or other public or private vehicle:

Where PI is required: prosecutor or MTC

a. Any municipality/territory where train passed during its trip

In Manila or other chartered cities: OP b. Where PI is not required: directly with Family Court

(c) On board a vessel during voyage a. In the port of entry

*All criminal actions commenced shall be prosecuted under direction and control of public prosecutor assigned to the Family Court

Venue and Jurisdiction

including place of departure and arrival

b. or any municipality or territory it passed (d) Crimes under Art. 2 of RPC: by court where criminal action is first filed

RJCL, Sec. 14

Jurisdiction - power of the court to impose on accused Any action involving a juvenile in conflict with

to answer for an offense; determined by law

the law: Family Court of or nearest place where

Venue – territory; which court the action should be filed

offense was committed or where any of  essential elements occurred

BP 129: Act Reorganizing Judiciary Sec 20. Jurisdiction in criminal cases



Exceptions to rule on venue: Upon showing that there would be bias, or that justice would not

RTC shall have exclusive original jurisdiction in

be served

ALL criminal cases not within exclusive  jurisdiction of any court, tribunal, or body EXCEPT those falling under exclusive and concurrent jurisdiction of Sandiganbayan

People vs Lagon

Criminal information for estafa was filed in City Court of  Roxas City. At the time of institution of action, RPC was amended increasing the penalty for estafa, which made

Sec 32. Jurisdiction of MTC, MCTC, in criminal

it under the jurisdiction of the RTC. Ruling: The

cases

 jurisdiction is determined by the law in force at the time Except in cases falling within jurisdiction

of RTC, the MTC, MCTC shall exe rcise (a) Exclusive original jurisdiction over ALL violations of city or municipal ordinances within territory (b) Ex. Orig. Juris. over all offenses punishable with imprisonment not more than 6 yrs

of institution of action, not the commission of the offense. RTC had jurisdiction, but may not impose heavier penalty but the original penalty provided by RPC. Malaloan vs CA

Obtention of warrant must not be equated with institution of criminal action. Issuance of a warrant is a power inherent in all courts while jurisdiction over criminal actions are reposed in specific courts.

The complaint/information

Crimes which shall not be prosecuted except upon

Rule 110

complaint of offended party:

Sec. 2. The complaint or information shall be in writing,

-

Concubinage and adultery

in the name of the People of the Philippines and against

o

Must include both parties

all persons who appear to be responsible for the

o

Must not have consented or pardoned the offenders

offense. -

Sec. 3. A complaint is a sworn written statement

Seduction, abduction, acts of lasciviousness o

charging a person with an offense, subscribed by t he

parents, grandparents or guardian

offended party, any peace officer, or public officer

o

charged with enforcement of the law violated.

Complainant must not have pardoned offense

o

Sec. 4. An information is an accusation in writing,

If offended party dies or becomes incapacitated and has no known

charging a person with an offense, subscribed by the

parents, grandparents, or guardian, the

prosecutor, and filed with the court.

DOJ-NPS Manual, Part III, Sec. 8 :

May be filed by offended party or h er

State shall initiate action in her behalf  -

Minors hall have the right to initiate action for offenses above (SAL) independent of PGG

For purposes of PI, the complaint shall be accompanied by Information Sheet which shall state: (a) Full and complete names and exact home, office, or postal address of complainant and witnesses (b) Full and complete name, exact home, office, or postal address of respondent

UNLESS she is incompetent or incapable. -

Right to file granted to PGG shall be exclusive and exercised in that order

-

No criminal action for DEFAMATION which imputes any of the crimes above shall be brought except when filed by offended party

People vs Beriales

(c) Offense charged and place and exact date and time of its commission (d) Whether or not there exists a related case, and

Evidence presented by private prosecutor at a hearing at which fiscal or representative was not present cannot

if so, the docket number of said case and name

be considered evidence. In municipal courts, or city

of Investigating Prosecutor thereof 

courts without fiscals, the police, constabulary or law enforcement officers and private prosecutors MAY

Person prosecuting criminal action; intervention of offended party Rule 110, Sec 5. Who must prosecute General rule: -

prosecute criminal cases. Republic vs. Sunga

The Fiscal has discretion and control of prosecution but once it has been filed in Court, any disposition of the

All criminal actions shall be prosecuted under

case rests in the sound discretion of the Court. Even

the direction and control of the prosecutor

though Fiscal cannot impose his opinion, he must still

In case of heavy work of public prosecutor or

be consulted on the matter.

lack thereof, a private prosecutor may be authorized by Chief Prosecutor

People vs Galigao: Non-retroactivity of complaint requirement in Rape (RA 8353 enacted in 1997)

Exception: When OSG takes contrary position, the private prosecutor may intervene on behalf of the

Form and Content 

offended party (People vs Madali)

PROCEDURAL 1. Name of accused and offended party

Rule 110, sec 7 : The complaint or information must

given retroactive effect whenever favourable to the

state the name and surname of the accused or any

accused.

appellation or nick name by which he is or has been known. If his name cannot be ascertained, a fictitious name shall be used with a statement that his true name is unknown. If the true name thereafter surfaces or has been admitted by the accused, the name shall be inserted in

DOJ-NPS Manual, Part III, Sec 40 : The caption shall set forth the denomination of offense and the specific article and paragraph of statute violated. Effect of defect in designation of offense: Information may be quashed upon motion

the complaint or information and record.

People vs Guevarra

Rule 110, Sec. 12: The complaint or information must

Failure to file motion to quash information on basis of 

state the name and surname of the offended party or

impropriety of name before arraignment of the ac cused

any appellation or nickname by which he is or has been

would constitute a waiver.

known. If there is no better way of identifying him, he must be described under a fictitious name. (a) In offenses against property, and the name o f 

Class Notes: Rules can NEVER prejudice the rights. When accused

offended party is unknown, the property must

never raises issue beforehand, he would not have the

be described with such particularity as to

right to assert since the right would be considered

properly identify the offense charged

waived.

(b) If the true name surfaces or was disclosed, the name shall be inserted in complaint or information and record. (c) If juridical person, name or designation by

Remedy: Bill of Particulars  compel prosecution to give more information

3. Formal Amendment

which it is known should suffice. No need to aver that it is a juridical entity. 2 requirements:

People vs Degamo

Amendment after plea is permitted only as to matters of FORM if (1) leave of court is obtained, and (2) it is not

(1) Described under fictitious name if name cannot

prejudicial to rights of the accused

be ascertained (there was effort to find out) (2) Statement saying true name is unknown -

A safeguard against danger of randomness of  accusations

-

It is the burden of the prosecutor to indicate true name

2. Designation of Offense Rule 110, Sec 8: The complaint or information shall state the designation of the offense given by the statue, the acts or omissions constituting the offense, and specify its qualifying and aggravating circumstances. If  there is no designation, reference shall be made to the section and subsection of the statute. *This new rule on alleging qualifying and aggravating circumstances took effect on Dec. 1, 2000. It shall be

Formal Amendments: (a) New allegations which relate to range of  penalty (b) Amendment that does not change another offense distinct from original one (c) Allegations which do not alter prosecution’s theory on case (d) Does not adversely affect any substantial right of accused (i.e. right to invoke prescr iption)

Test: WON defense under original information would be equally available after amendment WON any evidence which accused might have would be equally applicable to the information Villaflor vs Viver 

If it is only a formal amendment, a preliminary

Exception: When the place and date constitute a

investigation is no longer required or needed. But if the

material ingredient of the offense, or necessary for its

amendment is substantive, the PI can be demanded by

identification.

the accused.

SUBSTANTIVE 1. Single Offense Rule 110, Sec. 13: A complaint or information must

Example of crime where time is material: Bigamy; passing of a new law People vs. Lizada: The precise date is not an essential

element of rape.

charge only ONE offense EXCEPT when the law

People vs. Molero: Changing the mistake as to the date

prescribes a single punishment for various offenses

is only a formal amendment and will not constitute

(special complex crimes)

double jeopardy.

2. Cause of accusation Rule 110, Sec. 9: The acts or omissions complained of as constituting the offense and the qualifying and aggravating circumstances must be stated in o rdinary and concise language, in terms sufficient to enable a person of common understanding to know what offense is being charged as well as the QA circumstances and for the court to pronounce  judgment.

3. Date, Place, Time of commission Rule 110, Sec. 10: PLACE: The complaint or information

Rocaberte vs People: Variance of a few months in t he

date in the information and the date of actual commission of the crime as proved in the trial is allowed. However, a variance of a couple of years is already fatally defective.

Need not be alleged People vs Perez: The kind or nature of the weapon used need not be alleged in the complaint or information.

People vs Balitaan: Matters of evidence need not be averred. Example: Manner of forgery

is sufficient if it can be understood from its allegations that the offense was committed or some of its essential ingredients occurred at some place within t he

Suspension of criminal action by reason of Prejudicial Question

 jurisdiction of the court. UNLESS the particular place where it was committed

Rule 111, Sec 6 : A petition for suspension of criminal

constitutes an essential element of the offense or

action based on pendency of civil action may be filed in

necessary for its identification.

office of the prosecutor or court conducting preliminary investigation.

Rule 110, Sec. 11: DATE : It is not necessary to state in the complaint or information the precise date t he

When criminal action has been filed in court fo r trial,

offense was committed EXCEPT when it is a mate rial

the petition to suspend shall be filed in the same

ingredient of the offense.

criminal action at any time before the prosecution rests.

The offense may be alleged to have been committed on

Where to file petition for suspension?

a date as near as possible to the actual date of 

conducting PI

commission.

When to file?

OP or court

Anytime before prosecution rests; If 

General Rule: Complaint or information may be

crim action was already filed, suspension must be filed

sufficient if it averred the commission of the crime was

in same proceeding

at SOME place within the jurisdiction of the court and at a date as NEAR as possible to the actual date.

Rule 111, Sec 7 : Elements of prejudicial question

(a) Previously instituted civil action involves similar

The reservation of right shall be made

or intimately related issue as in cr im action

BEFORE prosecution starts presenting

(b) Resolution of such issue determines WON crim

evidence (circumstances which would afford offended party reasonable time to

action may proceed

make reservation)

DOJ-NPS Manual Part III

(b) Crim action for violation of BP 22 shall be

Sec. 23. Prejudicial Question

deemed to include civil action. NO -

-

Resolution of which is a logical antecedent of 

reservation to file separately shall be

issue

allowed.

Based on facts distinct and separate from crime charged but so intimately connected with it that

Where civil action has been filed separately

it determines the guilt or innocence of the

and trial has not yet commenced, it may be

accused

consolidated with crim action upon

Resolution of issues in civil case would

application with court trying the case.

determine guilt or innocence of accused

RJCL, Sec 12: For juvenile delinquents, the rules that will Sec. 24. Elements (1) Intimately related issues (civil case vis a vi scrim

apply shall be those under Rule 111

Rule 111, Sec 2: Suspension of separate civil action

action) (2) Resolution determines WON action may proceed (3) Cognizance of issue rests on another tr ibunal

Marella-Bobis vs Bobis

After crim action has been commenced, separate civil action cannot be instituted until final judgment has been entered. If crim action is filed AFTER said civil act ion, the civil action may be suspended on whatever stage it is before

Bigamy exists even though first marriage is void be cause

 judgment on the merits. The suspension shall last until

elements of (a) first marriage, and (b) subsequent

final judgment is rendered in crim action.

marriage are present. Any decision in a civil case for nullity of first marriage would not erase that fact. It is

Before judgment on civil action, the same may be

NOT a prejudicial question since the decision in the civil

consolidated with the crim action, upon motion of 

case is not essential in the determination of the criminal

offended party. The evidence already adduced in civil

charge.

action shall be deemed automatically reproduced in crim action without prejudice to c ross-examine and

A. Civil aspect

Rule 111, sec 1: Institution of criminal and civil actions (a) When a criminal action is instituted, the civil action for the recovery of civil liability arising from offense shall be deemed instituted with the crim action

present additional evidence. The consolidated cases shall be tried and decided jointly. During pendency of crim action, the r unning period of  prescription of civil action (those which cannot be instituted separately or has been suspended) shall be tolled.

UNLESS the offended party waives civil

Extinction of penal action does not carry with it

action, reserves the right to institute it

extinction of civil action. However, the civil action based

separately OR institutes civil action prior to

on delict may be deemed extinguished if the re is a

crim action

finding in a final judgment in the crim action that the act or omission from which the c ivil liability may arise did not exist.

Rule 111, Sec 3: Independent civil actions

notice to the offended party, and (3) with leave of  court.

-

Arts. 32, 33, 34, and 2176 of CC

-

Shall proceed independently of crim action and

Court shall state its reasons in resolving motion and

shall require only a preponderance of evidence

furnish copies of order to the parties.

-

In no case, however, may offended party recover twice for same a/o charged in crim action

If a mistake in charging the proper offense was discovered before judgment , the court shall dismiss the original complaint upon filing of a new one. PROVIDED,

Rule 111, Sec 4: Effect of death

the accused will not be placed in double jeopardy.

Death of accused AFTER arraignment and DURI NG

DOJ-NPS Manual, Part III, Sec 4:

PENDENCY of crim action shall extinguish the civil liability arising from delict. However, independent civil action instituted under section 3 of Rules or is thereafter instituted to enforce liability from other sources of obligation may be continued against estate or legal representative of 

*cases* B. Motion to Quash: Rule 117 Sec 1: Time to move quash  – At any time before entering his plea, accused may move to quash complaint or information

accused.

Sec. 2: Form and contents Heirs of accused may be substituted for the deceased without need for appointment of executor or

-

in writing

administrator. Court may appoint guardian ad litem for

-

signed by accused or his counsel

minor heirs.

-

shall distinctly specify factual and legal grounds

If the accused dies BEFORE arraignment, the case shall be dismissed without prejudice to any civil action the offended party may file against the estate.

Rule 111, Sec. 5: Judgment in civil action not a bar

Sec. 3: Grounds (a) Facts charged do not constitute an offense (b) Court trying the case has no jurisdiction over offense (c) Court trying the case has no jurisdiction over

Judgment absolving defendant in civil action is not a bar to criminal action against him for the same a/o

Remedies available A. Amendment/Substitution of Information Rule 110, Sec. 14

the person (d) Officer who filed information had no authority (e) Does not conform substantially to prescribed form (f) More than one offense was charged (g) Crim action or liability has been extinguished (h) Contains averments, which if true, would

A complaint or information may be amended, in form or in substance, without leave of court, at any time

constitute a legal excuse or justification (i) Accused has been previously convicted or

BEFORE the accused enters his plea. After the plea and

acquitted of offense, (double jeopardy) or

during the trial, a formal amendment may only be made

dismissed without his express consent

(1) with leave of court, and (2) without prejudice to the rights of the accused.

Sec 4: Amendment of complaint/information

Any amendment BEFORE plea, which downgrades the

If motion to quash is based on alleged defect of 

nature of the offense, or excludes any accused, can be

complaint/info which can be cured by amendment, the

made ONLY upon (1) motion by the prosecutor, (2)

court shall order that an amendment be made.

If based on ground that the fact s charged do not

(c) When accused has concealed, removed, or

constitute an offense, prosecution shall be given an opportunity to correct. The motion to quash shall be

disposed of property, or is about to do so (d) When accused resides outside the Phils

granted IF prosecution fails OR it still suffers from same defect despite amendment.

Sec. 5. Effect of sustaining motion to quash If motion to quash is sustained, court may order another C/I to be filed (subject to exceptions in Sec 6). If  the order is made, accused shall not be discharged unless admitted to bail. If no order is made or no new info is filed within time specified, the accused shall be discharged unless he is also in custody for another charge.

PART TWO: SEARCH AND SEIZURE 

Nature, scope and definition Definition Art. III, Sec. 2, 1987 Consti: The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any

Sec. 6. Order sustaining motion to quash NOT a bar to

purpose shall be inviolable. No search warrant shall

another prosecution  – UNLESS motion is based on 3(g):

issue except upon probable cause to be determined

crim action or liability has been extinguished OR (i)

personally by the judge, after ex amination under oath

double jeopardy

of the complainants and the witnesses he may produce, and particularly describing the places to be searched

Sec. 9. Failure to move to quash or allege any ground -

Shall be deemed a WAIVER unless it is based on

and the things to be seized.

Art. III, Sec. 3:

grounds 3(a), (b), (g), and (i). The privacy of communication and correspondence

Cruz vs CA BILL OF PARTICULARS

shall be inviolable except upon lawful order of the court OR when public safety or order re quires otherwise, as prescribed by law.

Rule 116, Sec 9: Before arraignment, accused may move for a bill of particulars to enable him to plead properly

Art. III, Sec. 3, Par. 2:

and prepare for trial. The motion shall specify the

Any evidence obtained in violation of this or the

alleged defects of C/I and details desired.

preceding section shall be inadmissible for any purpose

PROVISIONAL REMEDIES 1. Attachment

in any proceeding.

Rule 126, Sec. 1. Search warrant  – A search warrant is an order in writing, issued in the name of the People of 

Rule 127, Sec. 2: Offended property may have the

the Philippines, signed by the judge, and directed to a

property of accused attached as security fo r the

peace officer, commanding him to search for personal

satisfaction of any judgment that may be recovere d

property as described therein and to bring it before the

from accused in the following cases:

court.

(a) When accused is about to abscond

Rule 126, Sec. 13. Search incident to lawful arrest: A

(b) Based on claim for money or property

person lawfully arrested may be searched for dangerous

embezzled or misappropriated by public officer,

weapons or anything which may have been used or

officer of corp, attorney, factor, broker, agent,

constitute proof in the commission of an offense

or clerk in course of employment, or any person

without a search warrant.

in a fiduciary capacity in wilfull violation of duty

A. Constitutional and statutory boundaries; limitations on State Action

Villanueva vs. Querubin : Failure to raise the issue of  validity of warrant in the court that issued the warrant or the court where the action was filed constitute a waiver of that protected right.

People vs. Marti : The constitutional guarantee against unlawful searches and seizures applies as a restraint against the State and its agencies. It could only be

An application for search warrant may be made in the court where the criminal case is pending, which acquires primary jurisdiction over said case. When a criminal action has not yet been filed, the application may be filed in any court even without territorial  jurisdiction when justified by compelling reasons. Davide, dissent: The court where the m ain case is filed has exclusive jurisdiction over all incidents thereto and the issuance of all writs and processes in connection therewith. Also, cannot contemplate of a compelling reason that would justify circumvention of the rule.

invoked against the State and not against private persons. It is important to establish that there was no

Search – intention to find something that will be used as

government interference in the search.

evidence in a case

Guanzon vs. De Villa: All police actions are governed by

Seizure – the taking of things searched for that purpose

the limitations of the Bill of Rights. Rare case because court overlooked problem of standing and granted the

General rule: Search warrant is required before a

injunction upon finding of violations of human rights of 

search and seizure of personal property may be

ALL the citizens.

effected.

B. Types 1. Through search warrant

Rule 126, Sec.2. Venue of application:

Exceptions: 1. Warrantless arrest incidental to a lawful arre st 2. Seizure of evidence in plain view a. Legal intrusion must be based on a

(a) Any court within whose territorial jurisdiction

VALID warrant

the crime was committed

b. Inadvertently discovered

(b) For compelling reasons stated in the

c.

application, any court within the judicial region where the crime was committed if the place of  commission of the crime is known, or any court within the judicial region where the warrant shall be enforced.

Interim Rules, par. A3 Writs and processes . —(a) Writs of certiorari , prohibition, mandamus, quo warranto, habeas corpus and injunction issued by a regional trial court may be enforced in any part of t he region.

Evidence immediately apparent

d. Seizure made without further search 3. Search of a moving vehicle 4. Customs search 5. Stop and Frisk 6. Exigent and Emergency circumstances For these exceptions to apply, there must still be probable cause bolstered by additional factors depending on circumstances surrounding the case (People vs Aruta)

Rule 126, Sec. 4: Requisites for issuance (c) All other processes, whether issued by a regional trial court or a metropolitan trial court, municipal trial court or municipal circuit trial court may be served anywhere in the Philippines, and, in the last three cases, without a certification by the judge of the regional trial courts.

A search warrant shall issue only upon probable cause in connection with one specific offense, to be determined personally by the judge upon personal examination under oath and affirmation of the complainant and witnesses he may produce, and particularly describing the place to be sear ched and things to be seized, which may be anywhere in the

Malaloan vs CA

Philippines.

Sec. 5. Examination of complainant The judge must: -

Personally examine in the form of searching answers and questions

-

In writing and under oath

-

The complainants and witnesses he may

-

1. Specific as the circumstances allow 2. Expresses a conclusion of fact by which officer may be guided in making search 3. Has direct relation to the offense for which warrant is being issued

Description of place to be searched

produce on facts personally known to them

The Constitution and the Rules limit the place to be

Attach sworn statements to the record together

searched only to those described in the w arrant. The

with affidavits

requisite of particularity is related to the probable cause

Twin Requisites: (1) Probable cause (2) Particularity of  description

Concept of probable cause in SW People vs. Estrada Probable cause constitute those facts and circumstances which would lead a reasonably prudent man to believe that an offense has been committed and

requirement. (Paper Industries vs Asuncion)

Rule 126, Sec. 3: Property to be seized 1. Subject of an offense 2. Stolen, embezzled, fruits or proceeds of a crime 3. Used or intended to be used as means of  committing an offense

Validity of a warrant: 10 days (Rule 126, Sec. 10)

that the objects sought in connection therew ith are in

Warrantless Search

the place to be searched.

Incidental to a lawful arrest – it is required that a lawful

Illinois vs Gates Spinelli’s two pronged test which required (1) revealing informant’s basis of knowledge, and (2) providing

sufficient facts to establish veracity or reliability of  report, was abandoned. It was substituted by the “totality of circumstances” approach. The judge, using

common sense, makes a decision that is fair probability that evidence of a crime will be found given all the circumstances.

arrest be first made before a search is conducted

Stop and Frisk  – Where police officer observes unusual conduct which leads him to reasonably conclude that criminal activity may be afoot and person may be dangerously armed, for fear of his own and other’s

safety, he is entitled for the protection of himself and others to conduct a carefully limited search of outer clothing in an attempt to discover weapons. Probable cause is not required but a genuine re ason must exist, in light of officer’s experience and surrounding

Class notes:

conditions. (Terry vs Ohio)

Importance of Oath of complainant and witnesses: so

2-fold interest: (1) effective crime prevention (2) safety

that perjury may be charged in cases of falsification; a

and self-preservation

safeguard against false testimonies

Description of things to be seized: Only insofar as circumstances would ordinarily allow. The law does not require that things to be seized must be described in precise and minute detail as to leave no room for doubt, since this would make obtention of a warrant virtually impossible. (Kho vs Macalintal)

Test of particularity (Bache vs Ruiz) :

Consented Search Garcia vs Locsin: Failure to resist or object to the execution of warrant does not constitute an implied waiver of a constitutional right. It is but a submission to the authority.

Effect of voluntary surrender  – admission of guilt (People vs Agbot)

Stop and Frisk In Plain Sight Private Searches Extraordinary Circumstances

Procedure for service of warrant 

When to file waiver of objections to admissibility of  evidence – during pre-trial conference initiated by the court within 30 days after arraignment Who can file for remedies? The party whose rights have been impaired. It is a personal right.

B. Return of property illegally seized Illegality of search warrant does not call for return of 

1. Time of search

things seized, the possession of which is prohibited

2. Two-witness rule

(Mata vs. Bayona) However, it shall be excluded and

3. Breaking of door or window to effect search

may not be used as evidence.

Duties of officer serving the warrant: 1. Present SW to lawful occupant 2. They must identify/establish authority 3. Cannot roam around without occupant/witness 4. Must issue a detailed receipt of property seized to the lawful occupant, or in the absence

C. Criminal liability (under RPC) -

Violation of domicile

-

Search warrants maliciously obtained

-

Searching domicile without witnesses

-

Unjust interlocutory order

thereof, leave the receipt in the place in the presence of 2 witnesses of sufficient age and discretion residing in the same locality

PART THREE: ARREST 

Post-service procedure 1. Issuance of receipt 2. Delivery of property and inventory; return and proceedings on return

Nature and Definition Definition Rule 113, Sec. 1  – Arrest is the taking into custody of a

People vs Lacbanes : Signing of the receipt will only

person in order that he may be bound to answer for the

constitute an extrajudicial confession in cases wherein

commission of an offense.

possession is illegal per se. The solution would be that the police officer would sign the rece ipt instead of the occupant.

Remedies against unreasonable searches and seizure A. Motion to Quash or Motion to Suppress Evidence Motion to quash – invalid search warrant -

Sec. 2 – An arrest is made by an actual restraint of a person to be arrested, or voluntary submission to the custody of the person making the arrest. No violence or unnecessary force shall be employed in making the arrest. The person arrested shall not be subject to a greater restraint than is necessary for his detention.

Diplomatic and Parliamentary immunity from arrest

May be filed in the court where the warrant is

Art. VI, Sec 11, 1987 Consti . A Senator or Member of 

issued or at the court where the criminal case is

the House of Representatives shall, in all offenses

pending. This remedy is alternative and

punishable by not more than six years imprisonment, be

operates to the exclusion of the other.

privileged from arrest while the Congre ss is in session.

Motion to suppress – valid SW, but invalid execution

No Member shall be questioned nor be held liable in

any other place for any speech or debate in the

It shall be the duty of arresting officer executing

Congress or in any committee thereof.

warrant to deliver him to the nearest police station or  jail without unnecessary delay.

With warrant of arrest 

a. When and how warrant issued

Sec. 4. Execution of warrant  – Warrant shall be executed within 10 days from receipt. Within 10 days

Art. III, Sec. 2, 1987 Consti: The right of the people to

after expiration of the period, the o fficer assigned to

be secure in their persons, houses, papers, and effects

execute shall make a report to the judge who issued the

against unreasonable searches and seizures of whatever

warrant. In case of failure to execute, he shall state the

nature and for any purpose shall be inviolable. No

reasons.

search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by

Alias warrant – upon failure to execute warrant within

the judge, after examination under oath of the

the 10-day period, officer must return to the court with

complainants and the witnesses he may produce, and

his reasons. The court will then issue an Alias warrant

particularly describing the places to be searched and

which shall be valid until served or withdrawn by the

the things to be seized.

court.

Placer vs Villanueva

Sec 6. Time of making arrest  – on any day at any time of the day or night

The judge may rely upon the fiscal’s c ertification of 

existence of probable cause, and on the basis thereof, issue a warrant of arrest. However, he is not precluded from questioning such certification for the

Sec 7. Method of arrest by officer by virtue of warrant -

the cause of the arrest and the fact that a

determination of probable cause as to the issuance of a warrant is the duty of the judge. He has the power to dismiss the charge upon finding that the information is without basis.

officer shall inform the person to be arreste d of  warrant had been issued

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EXCEPT when he flees or forcibly r esists

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Or if giving information will imperil arrest

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Officer need not have warrant in his possession at the time of arrest

People vs Inting

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But the person arrested may require that it be

Distinction must be made between PI as to issuance of 

shown to him as soon as practicable, after the

warrant of arrest and PI as to the existence of 

arrest

reasonable ground of guilt. The former is a judicial function while the latter is an exec utive duty. By itself, the Prosecutor’s certification of probable cause is

ineffectual. It is the supporting documents behind it that are material in assisting the Judge in making his determination.

Diff between SW and WA: -

In SW, there is a need for physical custody of  the warrant, while such is not r equired in WA

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Rationale: It may happen that the things they are looking for are not in the place they want to search. Hence, rules are more stringent.

Class notes: -

In WA, no 2-witness rule

Judicial vs Executive duties: both essentially require the same quantum of evidence but they are used for

Warrantless Arrests

different purposes. This serves as a check and balance

Rule 113, Sec. 5. Lawful warrantless arrests

since the appreciation of the evidence could be different.

b. How effected Rule 113, Sec. 3: Duty of arresting officer  –

(a) In the presence of peace officer or a private person, person to be arrested has committed, is actually committing, or is attempting to commit an offense

(b) When an offense has just been committed and the person has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it (c) When the person to be arrested is a prisoner who has escaped from a penal establishment Person arrested shall be forthwith delivered to the nearest police station or jail.

Special Rules for Juveniles in conflict with law Sec. 6. Procedure in Taking a Juvenile into Custody . – Any person taking into custody a juvenile in conflict with the law shall: (a) Identify himself and present proper identification to the juvenile; (b) Inform the juvenile of the re ason for such custody and advise him of his constitutional rights in a language or dialect understood by him;

Rule 113, Sec. 8. Method of arrest by officer without warrant -

Officer shall inform person of his authority and

(c) Refrain from using vulgar or profane words and from sexually harassing or abusing, or making sexual advances on the juvenile;

cause of the arrest -

UNLESS the latter is engaged in the commission of an offense, is pursued immediately after, has escaped, flees, or forcibly resists, or when giving of information shall imperil the arrest

Rule 113, Sec 9. Method of arrest by a private person -

Private person shall inform person of intention to arrest him and the cause of the arrest

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(d) Avoid displaying or using any firearm, weapon, handcuffs or other instruments of force or restraint, unless absolutely necessary and only after all other methods of control have been exhausted and have failed; (e) Refrain from subjecting the juvenile to greater restraint than is necessary for his apprehension; (f) Avoid violence or unnecessary force;

UNLESS the latter is engaged in commission of  offense, pursued immediately after, has escaped, flees, or forcibly resists, or when giving of info will imperil the arrest

Rule 112, Sec. 6. Post-arrest procedure When accused is lawfully arrested without a warr ant involving an offense which requires PI, the C/ I may be filed by a prosecutor without need of such investigation provided an INQUEST has been conducted. In absence or unavailability of inquest prosecutor, the complaint may be filed by offended party or peace officer directly with the proper c ourt on basis of 

(g) Notify the parents of the juvenile or his nearest relative or guardian, if any, and the local social welfare officer as soon as the apprehension is made; (h) Take the juvenile immediately to an available government medical or health officer for a physical and mental examination. The examination results shall be kept confidential unless otherwise ordered by the Family Court. Whenever treatment for any physical or mental defect is necessary, steps shall be immediately taken by the said officer to provide t he juvenile with the necessary and proper treatment; and (i) Hold the juvenile in secure quarters separate from that of the opposite sex and adult offenders.

affidavit . Before C/I is filed, person arrested may ask for a PI, but must sign a waiver of provisions of Art. 125 (delay in

Sec. 7. Taking Custody of a Juvenile Without a

delivery of detained persons), in presence of counsel.

Warrant . – A peace officer or a private person taking

He may apply for bail and investigation must be

into custody a juvenile in conflict with the law w ithout a

terminated within 15 days from inception.

warrant shall likewise follow the provisions of Sections

After filing of C/I, accused may, within 5 days from time he learns, ask for PI with same rights.

5, 8 and 9 of Rule 113 of the Revised Rules of Criminal Procedure and shall forthwith deliver him to the ne arest

police station. The juvenile shall be proceeded against in accordance with Section 7 of Rule 112

John Doe Warrants

People vs Veloso

John Doe warrants shall be void unless it contains sufficient description of the person, his personal appearance and peculiarities, occupation, place of  residence, and other circumstances by w hich he can be identified. The description must be sufficient for the officer to identify the person.

People vs. Mendez and People vs Marti  – comparison -

Both involved the participation of private citizens

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In Marti, right against unreasonable searches and seizures may not be invoked against private persons. However, illegal arrests may be imputed against private persons. This is because a Citizen’s Arrest makes a person answer for an

offense while a search made by a private person was in pursuit of a legal duty and will not make accused answer for an offense.