PREPARATION AND

FILING OF CASES
PARALEGAL TRAINING FOR
FPOS, BRGY. GREEN/
BLUE BRIGADE MEMBERS
ATTY. ISMAEL T. MANALIGOD
OIC, Legal Division DENR Region 2

BASIC CONCEPTS IN CRIMINAL LAW

CRIME
Is the commission or omission by a person having capacity
of any act which is either prohibited or compelled by law
and the commission or omission of which is punishable by a
proceeding brought in the name of the government whose
law has been violated
FELONY
Crimes punishable under the Revised Penal Code
OFFENSE
Crimes punishable under special law
INFRACTION/MISDEMEANOR
Crimes punishable by an ordinance

BASIC CONCEPTS IN CRIMINAL LAW

CRIMES MALA IN SE
Wrong by its very nature and as those felonies under the
RPC with the exception of some penal provisions in special
penal laws which were held by the Supreme Court to be
mala in se (ex: omission of voters name by COMELEC
official, plunder). Intent is an element in its commission and
good faith is a defense
CRIMES MALA PROHIBITA
Wrong because it is prohibited by law. Without the law
punishing the act, it cannot be considered a wrong. Mere
commission of the act constitute an offense and good faith
is not a defense.

MALA IN SE

MALA PROHIBITA

Nature

Wrong by its nature

(RPC)

Wrong because it is
prohibited by law
(SPL)

Good faith

Valid defense except

crimes involving
negligence

Not a valid defense

Intent

Element

Intent is immaterial

Degree of
accomplishment

Taken into account

Only

KEY CONCEPTS IN
ARREST
SEARCH
SEIZURE
DETENTION

ARREST
- is the taking of a person into the custody in order that he
may be bound to answer for the commission of an offense.
- it is made by an actual restraint of a person to
arrested, or by his submission.

be

Requisites for the issuance of a warrant of arrest

- Issued by the judge after filing of a complaint
or information in court.
- Section 2 of Article III (Bill of Rights) of the
Philippine Constitution provides that ... No
search warrant or warrant of arrest shall issue
except upon probable cause to be determined
personally by the judge after examination under
oath or affirmation of the complainant and the
witnesses he may produce, and particularly
describing the place to be searched and persons
or things to be seized.

Arrest with a warrant:

- When making an arrest, the officer shall
(a) inform the person to be arrested of the cause of
his arrest, and
(b) inform him of the fact that a warrant has been
issued for his arrest.
The information need not be made when (
a) the person flees,
(b) forcibly resists, or
(c) when the giving of the information will imperil
the arrest.

- The officer need not have the warrant in

his possession at the time of the arrest.
However, after the arrest, the warrant shall
be shown to him as soon as practicable, if
the person so requires.
- No violence or unnecessary force shall be
used in making an arrest. The person
arrested shall not be subject to a greater
restraint than is necessary for his detention.

- If the person to be arrested is or is reasonably

believed to be within any building or enclosure, the
officer may break into any building or enclosure in
case he is refused admittance after announcing his
authority and purpose. After entering the building,
he may break out from said place if necessary to
liberate himself from the same place.

WARRANTLESS ARREST
General Rule: A warrant is needed to validly effect
arrest.
Exceptions:
1. In flagrante exception- when, in his presence,
the person to be arrested has committed, is actually
committing, or is attempting to commit an offense.
Example: People vs. Anita Claudio (160 SCRA 646)
The accused who was carrying a woven buri- like plastic bag which
appeared to contain camote tops, boarded a bus bound for province.
Instead of putting the plastic bag beside her, the accused put the plastic
bag on the back seat where a trained anti- narcotics agent was seated.
Since the act of the accused was unusual for the traveller, the suspicion
of the agent was aroused. Hence, the agent inserted his finger inside the
bag where he felt another plastic bag in the bottom from which
emanated the smell of the marijuana. Right after she got off the bus, the
agent arrested the accused.

2. Hot pursuit exception- when an offense has just been

committed, and he has probable cause to believe based on
personal knowledge of facts and circumstances that the person
to be arrested has committed it.
Example: People vs. Gerente (219 SCRA 756)
The Valenzuela police station received a report of a mauling incident which
resulted in the death of the victim. Right away, the police officers went to the
crime. scene and found a piece of wood with blood stains, a hollow blocks and 2
sticks of marijuana. A witness told the police that the accused was one of those
who killed the victim. Then they proceeded to the house of the accused and
arrested him. The Supreme Court ruled that based on their knowledge of the
circumstances of the death of the victim and the report of the eyewitness, in
arresting the accused, the officers had personal knowledge of facts leading them
to believe that it was the accused was one of the perpetrators of the crime.

3. Escapee exception- when the

person to be arrested is a prisoner
who has escaped from a penal
establishment or place where he is
serving
final
judgment or
is
temporarily confined while his case is
pending, or has escaped while being
transferred from one confinement to
another.

Time of making an arrest:

An arrest may be made on any day and at any
time of the day or night.
Rights of a person arrested (R.A. 7438):
1. The right to be assisted by counsel at all
times.
2. The right to remain silent.
3. The right to be informed of the above rights.
4. The right to be visited by the immediate
members of his family, by his counsel, or by
any non-governmental organization, national or
international.

In the absence of a lawyer, no custodial

investigation shall be conducted and the
suspected person can only be detained by
the investigating officer in accordance with
Art. 125 of the RPC. Also, any waiver of the
provisions of Art. 125 shall be in writing and
signed by the person arrested, detained or
under custodial investigation in the
presence of the counsel, otherwise the
waiver shall be null and void.

Article 125 of the Revised Penal Code

(Delay in the delivery of detained persons to
the proper judicial authorities)
Light Penalties (1 day to 30 days or fine of less
than
P200)- 12 hours
Correctional Penalties (1 month to 6 years or
fine of
P200 up to P6,000) - 18 hours
Afflictive Penalties (6 years1 day or more or
Fine of
more than P6,000)- 36 hours

SEARCHES AND SEIZURES

CONSTITUTIONAL BASIS ARTICLE III Section 2
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
purpose shall be inviolable, and no search warrant or
warrant of arrest shall issue except upon probable
cause to be determined personally by the judge after
examination under oath or affirmation of the
complainant and the witnesses he may produce, and
particularly describing the place to be searched and
the persons or things to be seized.

Sec. 3, Par. 2, Article III

Any evidence obtained in violation of this or the
preceding section shall be inadmissible for any purpose in
any proceeding.
SCOPE OF PROTECTION
a. Available to all persons including aliens and artificial
persons
b. Right is personal and may be waived
c. Distraint directed against government tasked with
law
enforcement.

Exception
Orders of arrest may be issued to carry out
final finding of violation of a law ( contempt, deportation
order)
SEARCH WARRANT
Is an order in writing issued in the name of the People of
the Philippines signed by a judge and directed to a peace
officer, commanding him to search for personal property
described therein and bring it before the court.
The power to issue search warrants is exclusively vested
with the trial judges in the exercise of their judicial
functions.

REQUISITES OF A VALID WARRANT

1. Probable Cause
2. Determination of Probable Cause personally
by a judge.
3. After examination under oath or affirmation
of the complainant and the witnesses he may
produce
4. Particularity of description
a. Place to be searched
b. Property subject of seizure

ARREST

SEARCH AND SEIZURE

1. It is concerned with the seizure of a

person.

It cover a wider spectrum of matters on

the search of both persons and places
and the seizure of things found therein.

2. In order to determine probable cause

to arrest, the judge (not the
prosecutor) must have sufficient facts
in his hands that would tend to show
that a crime has been committed and
that a particular person has committed
it.

Probable cause to search requires facts

to show that particular things
connected with a crime are found in a
specific location.

3. The judge is not required to make a

personal examination before issuing a
warrant of arrest.

The judge must, before issuing the

search warrant, personally examine the
complainant and the witnesses he may
produce.

4. May be made at any time of the day

or night.

Generally serve in the day time, unless

there is a direction that it may be
served anytime.

Where to file application for search warrant:

General rule: It shall be filed before any court whose
territorial jurisdiction a crime was committed.
Exceptions:
1. It may be filed before any court within the
judicial region where the crime was committed if
the place of commission is known.
2. It may be filed before any court within the
judicial region where the warrant shall be enforced
3. The application shall be made only in the court
where the criminal action is pending, if the criminal
action has already been filed.

Property subject of a search warrant:

The property subject of a search warrant is
personal property. A search warrant may be
issued not only for the search but also for the
seizure of the following:
a. Personal property subject of the offense;
b. Personal property stolen or embezzled and
other proceeds, or fruits of the offense; or,
c. Personal property used or intended to be
used as a means of committing an offense.

A search warrant shall be valid for ten (10) days from its date. Thereafter, it
shall be void.

The search shall be made in the presence of

the lawful occupant of the house, room or
any other premises, or any member of the
lawful occupants family. In the absence of
the latter, the search shall be made in the
presence of two witnesses of sufficient age
and discretion residing in the same locality.

Knock and announce rule

- Being armed with a warrant does not justify
outright entry or barging into the place to be
searched. An officer should knock, introduce himself
and announce his purpose and only in the presence of
witnesses
(residential place or dwelling only)

Duties of the officer after the search and seizure:

1.

The officer must forthwith deliver the property

seized to the judge who issued the warrant;

2.

The officer must, together with the delivery of

the property also deliver a true inventory of the
property seized. Such inventory must be duly
filed under oath.

In case of forest products and conveyance we have

also administrative power to take legal custody
pursuant to Section 77-A

WARRANTLESS SEARCH

WAIVER
1.

Right exists

2.

Person waiving has actual or constructive

knowledge of such right

3.

Actual intention to relinquish such right

UNDER
EXIGENT
CIRCUMSTANCES

AND

EMERGENCY

STOP AND FRISK

- Right of a police officer to stop a citizen in
a street, interrogate him and pat him for
weapons whenever he observes unusual
conduct which leads him to conclude that
criminal activity maybe afoot.
- Search and seizure must precede the arrest
for principle to apply.
- Police should introduce himself and make
initial inquiries

INCIDENTAL TO LAWFUL ARREST

- Rule 126 sec. 12 search for dangerous

weapons or anything as proof of
the commission of the offense
- Rule 11 sec 2 (a) - there must be probable
cause (BUY-BUST operations)
- Permissible area to be searched - person of
the one arrested and premises within his
immediate control, search contemporaneous
with arrest

MOVING VEHICLES

- It is justified on the ground that it is not

practicable to secure a warrant
because
the vehicle can be moved quickly out of the
locality or jurisdiction in which the warrant
may be sought. It is also allowed for the
purpose preventing smuggling and violation
of immigration laws made in borders or
constructive borders.

 CHECKPOINT

SEARCH

1. Routine inspection- Visual Search

2. Extensive Search there must be reasonable
or probable cause to believe before the
search that evidence of crime is present. (ex
tips from informants)

VESSELS AND AIRCRAFTS

-Reason may elude arrest if you adopt a
wait and see attitude and the circumstance
call for immediate response.

EVIDENCE IN PLAIN VIEW

1. Prior valid intrusion based on the valid warrantless arrest in which
the police are legally present in the pursuit of their regular duties
2. Evidence was inadvertently discovered by the police who have a
right to be where they are.
3. Evidence must be immediately apparent
4. Plain view justified the seizure of the evidence without further
search
Plain view exposed to sight. Even if it is in a bag or container where
the package proclaims itself it is still considered in plain view. The
area must be within the immediate control of the arrested person.

Protocol in Serving a warrant

Seek proper entry

If refused, officer may break open any door

Upon entry inform occupants owners of the purpose of the search and
show copy of SW

Search must be made in the presence of the lawful occupants or any

member of his family or in the absence thereof two witnesses of
sufficient age or discretion residing in the same locality

If arrest of person is necessary follow the procedure of arrest without

warrant

Prepare necessary documentation

Turnover custody of apprehended person

Return search warrant

File the case with the office of the prosecutor

Practical exercises

Your team received information that a truck with plate

number XLE 123 has loaded mixed lumber to be
transported to Manila. According to your informant the
shipment has no transport documents. Because of this,
you immediately organized your team to intercept the
truck at the National Highway. When the
target truck was flagged down you learned that it was a
closed van with its doors padlocked. Can you open it even
if the owner/driver refuses? On what legal grounds?

Practical exercises

While conducting patrol operation your team passed by an

open lot where you saw stockpiles of mixed lumber. Said
open lot was adjacent to a residential house which has no
enclosure fence as well. Can you immediately seize the
lumber even without a search warrant?

In a warrantless arrest situation when can you conduct

search? Can you conduct warrantless search before
making warrantless arrest?

PROSECUTION
OF OFFENSES

Prosecution of Offenses
What is a complaint
A complaint is a sworn written statement
charging a person with an offense, subscribed by
the offended party, any peace officer, or other
public officer charged with the enforcement of
the law violated.
What is an information
An information is an accusation in writing
charging a person with an offense, subscribed by
the prosecutor and filed with the court

Prosecution of Criminal Offenses

Complaint

Information

Subscription

Sworn statement

Need not be
sworn to

By whom

Offended
party/public
officer charged
with the
enforcement of
the law violated

Prosecutor

Where filed

Court or
Prosecutors
Office

Always in court

Department of Environment and Natural Resources

Who must prosecute criminal offenses

All criminal actions either commenced by
complaint or by information shall be prosecuted
under the direction and control of a public
prosecutor. In case of heavy work schedule of the
public prosecutor or in the event of lack of public
prosecutors, the private prosecutor may be
authorized in writing by the Chief of the
Prosecution Office or the Regional State
Prosecutor to prosecute the case subject to the
approval of the court. Once so authorized to
prosecute the criminal action, the private
prosecutor shall continue to prosecute the case
up to end of the trial even in the absence of a
public prosecutor, unless the authority is revoked
or otherwise withdrawn

COMPLAINT
( Prosecutor)
NO
PROBABLE
CAUSE
YES

DISMISS

JUDGMENT

FILE INFORMATION

TRIAL

ARRAIGNMENT AND
PLEA

PRE-TRIAL

PROSECUTION

PRELIMINARY
INVESTIGATION

INQUEST

Sufficiency of Complaint/Information
A complaint or information is sufficient if it
states
a. the name of the accused
b. the designation of the offense given by
the
statute
c. the acts or omissions complained of as
constituting the offense
d. the name of the offended party
e. the
approximate
date
of
the
commission of the
offense
f. the place where the offense was
committed.

Where action instituted

Place where action is to be instituted.
(a)

Subject to existing laws, the criminal action

shall be instituted and tried in the court of the
municipality or territory where the offense was
committed or where any of its essential
ingredients occurred.

(b)

Where an offense is committed in a train,

aircraft, or other public or private vehicle in the
course of its trip, the criminal action shall be
instituted and tried in the court of any
municipality or territory where such train,
aircraft, or other vehicle passed during its trip,
including the place of its departure and arrival

Requirements
investigation

in

Preliminary

The complaint shall state the address of the

respondent and shall be accompanied by the
affidavits of the complainant and his
witnesses, as well as other supporting
documents to establish probable cause.
1.
2.

Copies to all respondents plus 2 for official

file
Affidavits must be subscribed and sworn
to before any prosecutor, government
official authorized to administer oath or in
the absence of the two, by a notary public,
each of whom must certify that he
personally examined the affiants and that
he is satisfied that they voluntarily

Notes:
1.

Admin proceedings is
criminal proceedings.

separate

and

distinct

from

2.

The previous predicament of counter suit is not a threat

anymore because of the defense of SLAPP under the
new rule of procedure.

3.

When in doubt, please seek advice of Legal Division/

Prosecutors Office.

RULE ON EVIDENCE

What is evidence
Evidence is the means sanctioned by these rules of
ascertaining in a judicial proceeding the truth
respecting the matter

Admissibility of Evidence
When it is relevant to the issue and is not excluded
by law or Rules of Court

Relevancy
Must have a relation to a fact in issue as to induce a
belief in its existence or non-existence

Kinds
Object Evidence-senses
Documentary-writing
Testimonial- witnesses

Rules on Documentary Evidence

Best Evidence Rule- when subject of inquiry is the contents
of documents, original must be presented
Except
1. Original is destroyed, lost or cannot be produced
2. Original is in the custody and control of other party
3. Numerous accounts
4. Public Record in the custody of a public officer

Rules on Testimonial Evidence

Who can be a witness?
Anyone who can perceive, and perceiving can make
known their perception to others
Disqualification
1. Mental Incapacity
2. By reason of Marriage

Rules on Testimonial Evidence

3. Privileged Communication
a. husband and wife
b. lawyer-client
c. doctor-patient
d. minister or priest- confession
e. public officer- public interest
Expert Witness- opinion allowed

Rules on Testimonial Evidence

Hearsay Rule
A witness can only testify only to those facts
which he knows of his personal knowledge

Rules on Electronic Evidence

Kinds
1. electronic data message- info generated sent stored
and received by electronic or optical means
2. ephemeral electronic communication- telephone
conversations, text messages, chat, video streaming
Admissible provided it is shown, authenticated or indentified

Photodocumentation
1.

Pre-operation

2.

Overall scene

3.

Identification photographs

4.

Evidence photographs

5.

Labelling and tagging

EVIDENCE

VIDENCE

RECOMMENDED EVIDENCE