Professional Documents
Culture Documents
am+dg
But SB can allow trial elsewhere when convenience or interest of justice requires
o Rules on libel
On subject matter:
o Conferred by law, determined by the allegations
o For complex crimes: JD is court with jd to impose MAXIMUM and most serious penalty
imposable on the offense forming part of the complex crime
o Statute applicable to a criminal action (13, R):
The JD to try a criminal action is determined by the law in force at the TIME of the
INSTITUTION of the action and not during the arraignment or commission of the
offense.
o Once the case is with the court, it shall proceed continuously (adherence of jurisdiction),
and no law can affect it,
o EXCEPT:
Law is construed to the effect that it is intended to operate upon actions pending
before its enactment. (15, R)
On person of the accused:
o JD over the person is acquired by:
Voluntary appearance
One can be under custody but not under the JD, as when the arrested files a
motion before arraignment to quash the warrant.
One can be under JD but not under custody, as when an accused escapes after
trial commenced.
Injunction
o GR: court will not enjoin or restrain criminal prosecution, even during preliminary
investigation.
EXCEPT:
PREJUDICIAL question
Mickey Ingles
4C Ateneo Law 2012
Atty Tranquil (and some stuff from Atty Guevarra), additional stuff from Riano
am+dg
On the SB:
o Officers who need SG of 27:
Officials of the executive branch, occupying the position of regional director and
higher
Officials of the DIPLOMATIC service occupying the position of CONSUL and higher
Philippine army and air force COLONELS, NAVY CAPTAINS, and all officers of higher
rank
Officers of the PNP occupying the position of PROVINCIAL DIRECTOR and those
holding the rank of SENIOR SUPERINTENDENT or higher
Like murder committed by a mayor who used his authority over armed patrols
Like sexual harassment committed by a public officer who used his authority over
a female employee in consideration for the latters job
Specific allegations must be made that the offense was intimately connected with
the discharge of the official functions of the accused
Mickey Ingles
4C Ateneo Law 2012
Atty Tranquil (and some stuff from Atty Guevarra), additional stuff from Riano
am+dg
Complaint v Info
Complaint
Oath needed
Subscribed by 1) offended party, 2) any peace
officer or 3) other public officer charged with
the enforcement of the law violated
So, no prejudice to accused who can still use his old defense and evidence
Info
No need for oath
Subscribed by the prosecutor
Substitution
Substantial
Must be made with leave of court since the
original info will be dismissed
Need for a new PI and plea
Requires or presupposes that the new info
involves a different offense which does NOT
include or is NOT necessarily included in the
original charge, hence accused cannot claim
double jeopardy
Mickey Ingles
4C Ateneo Law 2012
Atty Tranquil (and some stuff from Atty Guevarra), additional stuff from Riano
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Prevent arrested from destroying any evidence that could be used against him
o Requisites:
Things searched or seized must be within the area of the persons immediate
control
So, when the person arrested was already brought out of his room with his
hands tied, a locked cabinet inside the room can no longer be searched as
it is not an area within his immediate control (264, R)
When a person is arrested in one room, yet another room was searched
without a warrant, the search of the latter room was illegal
o A search and a seizure incident to a lawful arrest is NOT limited to things related to the
reason for the arrest.
Arrested for drugs, but what was seized was a gun on his body
Consented search
o Requisites:
Not practical to secure a warrant because the vehicle can be quickly moved out of
the locality or the jurisdiction in which the warrant must be sought
o Valid as long as the officers conducting the search have PROBABLE cause to believe prior
to the search that they would find the instrumentality or evidence pertaining to a crime in
the vehicle to be searched
Check points
o Not all checkpoints are illegal
o Valid for as long as they are:
Limited to a visual search (no body search of motorists, nor is the vehicle
searched)
Plain view
o Requisites:
am+dg
Officer must not have known in advance of the location of the evidence and
discovery is not anticipated
Plain view wont apply when the evidence was actually searched for
o Can be used when police officers have a valid search warrant, and other illegal stuff (not
specified in the warrant) are seized in plain view (280, R)
But if the package is such that an experienced observer could infer from its
appearance that it contains the prohibited article, then its in plain view. (281, R)
o Officers entered into a squalid room legally but without a search warrant. Inside the room
was an expensive stereo set which the officer suspected was stolen. They moved it aside.
US SC: moving of the equipment was a search, and since the illegality of the item (it being
stolen) was not immediately apparent, the search was illegal. (282, R)
Stop and frisk
o Used to be for weapons only (Terry, suspicious people lurking outside a store), but was
recently used for drugs as well (Esquillo, accused had reddish eyes and was walking in a
swaying manner, and appeared to be on drugs)
o Purpose:
GENUINE REASON must exist, in light of the police officers experience and
surrounding conditions, to warrant the belief that the person who manifests
unusual suspicious conduct has weapons or contraband concealed about him.
Purpose: finding weapons/contraband vs finding not only weapons, but also fruit of
any crime or things which may provide the person arrested with the means of
escape
Enforcement of customs laws or seizure of goods concealed to avoid duties
o Raids on businesses allowed under visitorial powers
o Does not apply to dwelling houses
Body checks in airports
o Allowed under RA 6235
Exigent circumstances
Remedies
Seek damages via a separate civil action for the wrong inflicted by an improperly obtained or
enforced search warrant (Art 32)
o Independent civil action yan!
Mickey Ingles
4C Ateneo Law 2012
Atty Tranquil (and some stuff from Atty Guevarra), additional stuff from Riano
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Arrest
Mickey Ingles
4C Ateneo Law 2012
Atty Tranquil (and some stuff from Atty Guevarra), additional stuff from Riano
am+dg
Demurrer
After prosecution rests its case
With or without leave of court
Ground: insufficiency of evidence
Predicated upon matters outside of the
complaint or info
If granted, acquittal
If the motion for leave to file a demurrer or the
demurrer itself is denied, generally not
reviewable by appeal or certiorari (but subject
to exceptions)
Order granting the withdrawal of the info attains finality after 15 days from receipt thereof,
without prejudice to the re-filing of the info upon reinvestigation.
o Will not bring about provisional dismissal, hence NO time-bar.
Order granting a MTD becomes final 15 days after receipt thereof, with prejudice to the re-filing of
the same case once such order achieves finality.
o Contemplated in the rule on provisional dismissal (as long as requisites are present), so
time bar will apply.
Mickey Ingles
4C Ateneo Law 2012
Atty Tranquil (and some stuff from Atty Guevarra), additional stuff from Riano
am+dg
Res judicata is NOT applicable to criminal proceedings even if double jeopardy has been described
as res judicata in prison grey.
o RJ is a doctrine of civil law.
If it cant, then the charge is not a valid one which would preclude DJ.
Thats why when the facts in an offense do not constitute an offense, a new
information can be filed again without the risk of DJ.
As to the requisite: previously convicted, acquitted or case was dismissed without express consent
of the accused
o There must have been a termination or dismissal
So, the mere filing of two informations or complaints charging the same offense
does NOT yet afford the accused in those cases the occasion to complain of DJ,
since the first jeopardy has not yet attached
Mickey Ingles
4C Ateneo Law 2012
Atty Tranquil (and some stuff from Atty Guevarra), additional stuff from Riano
am+dg
Conviction or acquittal for the first case will bar the 2nd case.
During pre-trial, the trial judge shall consider plea-bargaining arrangements, except in cases for
violations of the DDA.
JDR judge is not the judge who will conduct trial proper.
o Mediation process is absolutely confidential. The JDR judge shall not pass on any info
obtained in the course of the mediation to the trial judge or to any other person.
am+dg
BP 22 cases;
Estafa,
Libel, and
Theft.
If no settlement reached after the JDR, the judge will issue an order returning the case to the
Clerk of Court for raffling and the clerk raffles the case to another judge who will conduct the pretrial proper and trial, until the case is decided.
o
Add to p. 86
Even if whereabouts are known provided that his presence for the trial cannot be
obtained by due diligence
Unless it is for a light offense (in which case, the accused may appear by counsel
or representative)
Add to p. 90
Demurrer Civil
Basis: failure of plaintiff to show that upon the
facts and the law, he is entitled to relief
No leave of court required
If denied, defendant does NOT lose right to
present evidence
If granted, plaintiff may appeal; and if dismissal
is reversed, defendant can no longer present
evidence
Demurrer Criminal
Basis: insufficiency of evidence
May be filed with or without leave of court
If denied and WITHOUT leave of court, accused
no longer can present evidence;
If denied and WITH leave of court, accused can
still present evidence
No appeal is allowed as a rule since grant is
akin to an acquittal
Mickey Ingles
4C Ateneo Law 2012
Atty Tranquil (and some stuff from Atty Guevarra), additional stuff from Riano
am+dg
Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of Public
Officers.
(a) Any person arrested detained or under custodial investigation shall at all times be assisted by
counsel.
(b) Any public officer or employee, or anyone acting under his order or his place, who arrests, detains
or investigates any person for the commission of an offense shall inform the latter, in a language
known to and understood by him, of his rights to remain silent and to have competent and independent
counsel, preferably of his own choice, who shall at all times be allowed to confer privately with the
person arrested, detained or under custodial investigation. If such person cannot afford the services of
his own counsel, he must be provided with a competent and independent counsel by the investigating
officer.
(c) The custodial investigation report shall be reduced to writing by the investigating officer, provided
that before such report is signed, or thumbmarked if the person arrested or detained does not know
how to read and write, it shall be read and adequately explained to him by his counsel or by the
assisting counsel provided by the investigating officer in the language or dialect known to such
arrested or detained person, otherwise, such investigation report shall be null and void and of no effect
whatsoever.
(d) Any extrajudicial confession made by a person arrested, detained or under custodial investigation
shall be in writing and signed by such person in the presence of his counsel or in the latter's absence,
upon a valid waiver, and in the presence of any of the parents, elder brothers and sisters, his spouse,
the municipal mayor, the municipal judge, district school supervisor, or priest or minister of the gospel
as chosen by him; otherwise, such extrajudicial confession shall be inadmissible as evidence in any
proceeding.
(e) Any waiver by a person arrested or detained under the provisions of Article 125 of the Revised
Penal Code, or under custodial investigation, shall be in writing and signed by such person in the
presence of his counsel; otherwise the waiver shall be null and void and of no effect.
(f) Any person arrested or detained or under custodial investigation shall be allowed visits by or
conferences with any member of his immediate family, or any medical doctor or priest or religious
minister chosen by him or by any member of his immediate family or by his counsel, or by any national
non-governmental organization duly accredited by the Commission on Human Rights of by any
international non-governmental organization duly accredited by the Office of the President. The
person's "immediate family" shall include his or her spouse, fianc or fiance, parent or child, brother
or sister, grandparent or grandchild, uncle or aunt, nephew or niece, and guardian or ward.
As used in this Act, "custodial investigation" shall include the practice of issuing an "invitation"
to a person who is investigated in connection with an offense he is suspected to have committed,
without prejudice to the liability of the "inviting" officer for any violation of law.
lawphi1
Mickey Ingles
4C Ateneo Law 2012
Atty Tranquil (and some stuff from Atty Guevarra), additional stuff from Riano
am+dg
Mere inquiry on the commission of the crime does NOT automatically trigger the application of the
right to counsel. (since suspect must be in custody).
Extrajudicial confessions made by a person during custodial investigation, requisites for
admissibility:
o In WRITING and SIGNED by the person arrested, detained or under custodial investigation
o Signed in the PRESENCE of HIS COUNSEL,
This can be waived, but waiver itself must be IN WRITING and in the PRESENCE
OF COUSEL (Consti)
o Once validly waived, it must be signed instead in the presence of any of the PARENTS,
ELDER BROTHERS AND SISTERS, HIS SPOUSE, municipal mayor, municipal JUDGE, district
school supervisor, or priest or minister of the gospel, as may be chosen by him.
To waive Art 125:
o WAIVER IN WRITING
o Signed by the person arrested, detained or under custodial investigation
o Signed IN THE PRESENCE OF HIS COUNSEL
Counsel must PREFERABLY be the counsel of choice of the person under CI,
o but if none or person cannot afford, counsel should be someone INDEPENDENT and
COMPETENT; if not, then confession in his presence is inadmissible.
UNCOUNSELLED confessions during custodial investigations are INADMISSIBLE.
o This includes signing of inventory receipts for property allegedly confiscated from the
accused.
UNCOUNSELLED confession to a BARANGAY CHAIRMAN is admissible.
o But UNCOUNSELLED confession to a BANTAY BAYAN is inadmissible. (since he performs
functions relating to the preservation of peace and order at the barangay level)
Mickey Ingles
4C Ateneo Law 2012
Atty Tranquil (and some stuff from Atty Guevarra), additional stuff from Riano