Criminal Procedure

Atty. Villasis

Commission of an offense/felony

Arrest Rule 113

With warrant
wiotut warrant

Search and Seizure

warrentless searh and seizures

Bail (114)
posting of bail shall not bar the accused from questionig the arrest

PI
4, 2 , 1
stautory right, therefor it can be waived

110 Prosecution of the offense

file the information
what will happened?

Provisional remedies
injunction,

111 prosecution of civil action

ex delicto, impliedly institued except : wiaver, reservaton, ahead of the crim action pero ex
delilcto lng ito arising from the crime

Motion to Quash an information

Arraignment 116
come directly, guilty or not guilty : it should be unconditional plea

Pre trial – 118

mandatory , civil and crim, summary procedure

Trial 119 -
adjudication.

Judgement

Post conviction remedies

Appeal
MR
New Trial
Custodial investigation
Police line up – right to counsel? no. not a part of custodial investigation
Miranda rights: right to counsel, right to remain silent, anything said sjall be used against him

Extra judicial admission

requisites:
To be Admissible against the accused : it should be reduced in writing , voluntary,
assisted by a comptent lawyer

Inside by the police station. Umamin na pumtay sa bata. Did you ask forgiveness? Interpreted as an
extrajuducial admission. Correct? No. theres no showing that he was assisted by a comeptent counsel
of his own choosing.

Posuer-buyer : Mr. A drug psuher arrested. Custodial investigation. Sign the a receipt. Evidence? No.
Because akowledgement receipt is an extrajuducial admission, no counsel , thus, not admissible.

Administrative investigation , miranda rights is not recquired

Peole vs. Mahinay

Even the police captain is a lawyer, he was not functioning as a lawyer. Thus admitted as
evidence.
Waiver must be in writing, in the presecnc of competene and indepenc=decnt counsel of his
own chosinf

Article 3, section 2
Right agaisnt search and seizures

only agaisnt the government , hindi sa private individual

Arrest
Warrentless arrest

personal determination sa search warrant and warrant of arrest magkaiba yan

Warrant of arrest – personal evaluation of the resulotion and information and docs, no searcing
questions.
Search warrant – there should be personal examination, under oath , particularly describing the search
the place to be search.

Meron search warrant kahit alang kaso? Yes.

Sa warrant of arrest, may pending information, or meron ng PI

Prosecitor- for the filing of the information

Judge – for the issuance of the warrant of arrest
Warrantless arrest
1. Hot pusuit
2. in flagrate delicto
2. Fugitive of justice

Hot pursuit – parang tagalog movies hahaha.

In flagrante delcito – AN OVERT ACT, a crime has been commited,, actually being commited, an
attemt to commit the crime . It must be done in the presence or within the view of the arresting officer.

Judge issue warrant of arrest, the court recquire thre prosec submit docs pa, or dismiss .

Naglalakad lng, nakatayo merong suspicious sya , hindi yan inflagrante delicto.

In the presence or within the view

People vs ng yik bon

Search warrant – no iscretion

particular description , pero amount ng shabu okay na yan....

Motion to quash the search warrant -

particular person – hindi yan necessary, so long as the search is conducted in the place where the
search should be search .

Heinous crime, iillegal gmabling, IPL , moey laundering act, meron tayong additional venue – You fo
the the executive judge, or vice executive judges of manila and QC.

Search warrant – 10 d ays lang yan

Plain view dapat hindi nag effort – inadvertently discoevered,