Académique Documents
Professionnel Documents
Culture Documents
1. CRIMINAL PROCEDURE [Rules of Court] Method prescribed by law for the apprehension and prosecution of persons accused of any criminal offense, and for their punishment, in case of conviction.
Concerned with the procedural steps through which a criminal case passes.
2. BASIS Philippine Constitution, Art III, Sec 2 The right of the people to be secure in their persons, houses, papers and effects against UNREASONABLE searches and seizure of whatever nature and for any purpose shall be inviolable
NO search warrant shall issue except upon PROBABLE CAUSE
D. Premises Protected
Not limited to dwelling but extends to garage, warehouses, shops, stores and even safety vaults
ARREST
Definition: Taking into custody of a person so that he may be bound to answer for the commission of a crime.
How Made:
1. By actual restraint 2. By submission to the custody of the person making the arrest
No violence or unnecessary force shall be used!!! (warning shots prohibited) Person arrested shall not be subject to any greater restraint than is necessary for his detention
Method of Arrest
1. By virtue of a warrant
Inform the person arrested of the cause of the arrest He need not have the warrant in his possession at the of the arrest
2. Without a warrant Inform the person of his authority to make the arrest; and the Cause of the arrest
REQUISITES Issued upon probable cause Personally determined by the judge Upon examination under oath or affirmation of the complainant and his witnesses Particularly describing the person to be arrested Life of a Warrant Arrest Until the person named in the warrant is arrested or when the warrant is withdrawn by the judge.
1.
2. A crime has just been committed and the arresting officer or private person has personal knowledge indicating the person to be arrested was the one who committed the crime
3. Escaped prisoner from jail or while being transferred from one confinement to another
Who may make the arrest? Police officers Deputized Fish Wardens Private persons NBI Bailor Sheriff/Deputy Sheriff Provincial/City Probation Officer Commissioner of Land Transportation & his Deputies
CUSTODIAL INVESTIGATION
Refers to Questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom action in any significant way such person is a suspect
MIRANDA RIGHTS
Right to remain silent
Right to a counsel of his own choice Right to furnished of an independent counsel by the State if he cant afford one Right to be informed of these rights These rights cannot be waived except in writing and in the presence of counsel
12 hours for felonies punishable by not more than six months (municipal fishing without a permit) 18 hours for felonies punishable by not more than six years (Illegal Use of Superlights) 36 hours for crimes punishable by afflictive or capital penalties (Catching of Whales)
SEARCHES
A. Purpose
evidence to be used in the prosecution of a criminal action for a crime with which one is accused of
B. What May be Searched or seized? Subject of the offense Stolen or embezzled and other proceeds or fruits of the offense Used or intended to be used as a means of committing an offense
C. What is a Search Warrant? An order In writing Issued in the name of the People of the Philippines Signed by the judge Directed to a peace officer Commanding to search for personal properties described in the warrant Bring it before the court
F. Execution or Service Only during the day Any time during the day or night when directed by the judge
H. Warrantless Searches and Seizures Search incidental to lawful arrest Search of moving vehicles [URGENCY] Seizure of goods concealed to avoid duties/ Customs searches Seizure of evidence in plain view Waiver Check points
DAGHANG SALAMAT!!!