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Rule

Details
RULE 115 1,4,,6

The absence of certification does not invalidate information not a ground for motion to quash
Judge may dismiss information without consent of the prosecutor Sec. 5
Three things judge must do (upon filing of information)
o With probable cause - Within 10 days issue warrant (after personally evaluating) /
Commitment Order
o Dismiss No probable cause
o There is doubt order prosecutor to present additional evidence w/in 5 days
Preliminary Investigatiom = Executive Function, not Judicial.
Gen. Rule: Court cannot influence/control the prosecutor judge has no control
o Exc: Issue of Constitutional Rights of Accused
o Oppression or Multiplicity of Actions
o Double Jeopardy
o Lack of Jurisdiction
Probable cause (3 kinds)
o Filing of Information
o Warrantless Arrest
o Issuance of Warrant
Judge need not to personally interview complainant, witness, and accused.
Arrest can be ordered pending the motion to conduct re-investigation/preliminary investigation.
Sec. 5(a)-112.
o Can be done also pending the motion for reconsideration
John Does may issue warrant of arrest
o If identified, amend the information
In Extradition, Notice and Hearing is not required for the purpose of issuing a Warrant of Arrest
Inquest (Co-relate w/ Sec. 5, 113, Rule on Warrantless Arrest)
o DO NOT APPLY SEC. 4 WHEN FLAGRANTE EN DELICTO APPLY SEC. 6

o Inquest Investigation
o Accused can request for Preliminary Investigation Before or Even after Filing of Information
421 rule becomes a matter of right
Sign a waiver of Art. 125
o Arrested, but without any information filed can BAIL
So long as the crime is a capital offense
o Detained for 10 days was unable to file for a motion to reinvestigation within the 5 day
rule.
Can no longer file, 5 days is mandatory for the speedy disposition of the case.
o If the prior arrest was invalid, the valid warrant of arrest was issued later, in accordance
with the rules will render the first arrest moot and academic.
Rule 113 Arrest
Arrest is the taking of a person into custody, in order that he may be bound to answer the
commission of an offense Sec. 1
Article 3, Sec. 2 Constitution
o In violation Fruit of Poisonous Tree
o Provision of immunity from arrest of Representatives and senators
While in session
NOT Absolute Penalized by imprisonment above 6 years, may be arrested.
o Diplomatic immunity RA 75: Ambassadors, Ministers,, and duly registered domestic
subjects to the principle of reciprocity (i.e. helper, driver)
Consul is not an ambassador
Subject to Reciprocity
Sec. 2 By restraint
Actual Restraint or by his submission to the custody of the law Sec. 2
o Force is Required but should not be necessary (Reasonable Force) IF THERE IS RESISTANCE
o Violence is not necessary in conducting
Once restrained already no violence necessary

Stand on the Ground Principle, assert the law


3 Duty of the Arresting Officer
Arrest and Deliver
If you arrest a person, you must inform the arrestee for the reason of the arrest, and to
show the warrant of arrest
Inform of Miranda Rights (Constitutional Rights)
The right to call
If violated Prosecuted under RA 7438
Deliver to the nearest Police Station or Jail
W/o unnecessary delay
When do you execute warrant. Sec. 4
o The warrant is issued only to the peace officer, not to the offended party.
o Executed Warrant
o A warrant does not become invalid after 10 days.
Does not Expire still valid and existing after 10 days.
What the rule req is for the executing officer to make a report within 10 days
from receipt therof
If there is a warrant the arresting officer must show the warrant
But an arrest may still be acted on w/o warrant, but if there is one waiting at the
precint
o If a fugitive, Any peace office can conduct arrest
Produce the warrant later
o
Warrantless Arrest (Sec. 5)
o Memorize
o GRAVEMAN of ARREST
o General Rule Arrest should be accompanied by a Warrant
Exc: Sec. 5 113
Par A Past Present Future In Flagrante en Delicto
Par B Past Perfect Tense
o
Sec.
o
o

o Hot Pursuit
Par C Fugitive from Justice
o Escapee (Sentenced)
o Escapee (Confined)
o Escapee (Sentenced Transferee
Last Par.
o Procedure after arrest
Meaning: Warrantless arrest is the seizure of a person w/o warrant but base on
probable cause that he has committed a felony or has escaped from confinement
Reason: Umil v. Ramos 202 SCRA 251
o To hold that no criminal can, in any case be arrested and searched for the
evidence and tokens of his crime 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.
Permissible Warrantless Arrest Valid Warrantless Arrest Flagrante Delicto
Arrest
o Par A
In the presence of a peace officer or a private person
Has committed
Is actually committing
Is attempting to commit a crime
Must have personal knowledge of such facts or circumstances
convincingly indicative or constitutive of probable cause
Sample
o Buy bust operation
o Entrapment
If enticed It is Instigation illegal
People v. Casio
People v. Doria
People v. Alviar
PROBABLE CAUSES

Preliminary Investigation
Issuance of Warrant of Arrest
Warrantless Arrest
o A reasonable ground of suspicion supported by
circumstances sufficiently strong in themselves to warrant a
cautious mans belief that the person accused is guilty of the
offense with which he is charged. Specifically with respect to
arrests it is such facts and circumstances which would lead a
reasonably discreet and prudent man to believe that an
offense has been committed by the person sought to be
arrested People v. Chua Ho San 308 SCRA 432
o Par B
Hot Pursuit
2 Conditions that must concur:
A Crime was committed by the arrestee
Arrestor has probable cause based on personal knowledge of facts
or circumstance
There must be a large measure of immediacy between the time the
offense was committed and the time of the arrest, and if there was a
an appreciable lapse of time between the arrest and the commission of
the crime, a warrant of arrest must be secured (People v. Del Rosario)
It is not enough that there is reasonable ground to believe that a
person to be arrested has committed a crime. A crime must in fact or
actually have been committed first. That a crime has actually, been
committed is an essential precondition. Where a search first
undertaken, then an arrest affected based on evidence produced by
the search, both search and arrest would be unlawful, for being
contrary to law (People v. Cuizon)
o Par C
PEOPLE v. DORIA