CRIMINAL PROCEDURE

OUTLINE
I. DEFINITION OF CRIMINAL LAW
II. DEFINITION OF CRIMINAL PROCEDURE
III.OVERVIEW
A. Arrest (warrantless)
B. MIRANDA Rights
C. Custodial Investigation/admission/confession
D. Self-Preservation
E. Preparation of police blotter/Issuance of extract of
blotter
F. Preparation of Affidavit-Complaint/Witness Affidavit
G.Gathering/Preservation of evidence
H. Indorsement to Office of the City/Provincial
Prosecutor
I. Inquest vs Regular P.I.
J. Probable cause
K. Preparation of Information
L. Actual filing in court
> Courts MTCC,MCTC,RTC
M. Arraignment to Judgment to Petition for
Probation/Appeal

IV. ARREST Rule 113

A. Definition of Arrest
B. Lawful Warrantless Arrest
C. Custodial Investigation
D. Citizens arrest
E. Arrest w/ warrant
F. Time of making an arrest
V. SEARCH AND SEIZURE Rule 126
A. Definition of Search Warrant
B. Who issues, requisites for issuance
C. What, where and when to seize
D. Witnesses, Receipt, Delivery to court
E. Valid Warrantless Search & Seizure

VI. INQUEST/REGULAR P.I. Rule 112

A. Waiver of Art. 125, RPC
B. Counter-Affidavit 10 days
C. Probable cause/dismissal
D. Period for Resolution
VII.COMPLAINT/INFORMATION
A. Definition of terms
B. Requisites
C. Examples
VIII. ISSUANCE OF WARRANT OF ARREST (not in
flagrante)
>by judge after finding of probable cause,
otherwise, dismiss
>RTC Cases (6yrs,1 day and up)
IX. JURISDICTION
> MTCC, MCTC, RTC

X. BAIL Rule 114

XI. RIGHTS OF THE ACCUSED Rule 115
XII. ARRAIGNMENT Rule 116, Rule 117
XIII. PRE-TRIAL
XIV. TRIAL
XV. JUDGMENT
XVI. APPEALS
XVII. FLOW CHART

CRIMINAL LAW that branch

of law which defines crimes or
declares what acts are crimes
and prescribes or provides the
punishment
for
their
commission.

CRIMINAL PROCEDURE It is
the method prescribed by law
for
the
apprehension
and
prosecution of persons accused
of any criminal offense, and for
their punishment, in case of
conviction.
- Procedural steps commencing
from initial investigation

Arrest The taking of a person into

custody in order that he may be bound
to answer for the commission of an
offense. (R. 113, s. 1)
It is made by an actual restraint of a
person to be arrested, or by his submission
to the custody of the person making the
arrest. No violence or unnecessary force
shall be used in making an arrest. The
person arrested shall not be subjected to a
greater restraint than is necessary for his
detention. (R.113, s. 2)

Lawful Warrantless Arrest

1. When in his presence, the person to be
arrested has committed, is actually
committing, or is attempting to commit
an offense (In Flagrante /Caught in the
Act Arrest).
PRESENCE does not only require that
the arresting person sees the offense,
but also when he hears the disturbance
created thereby AND proceeds at once
to the scene.

2. When an offense has just been

committed and he has probable cause to
believe based on personal knowledge of
facts or circumstances that the person to be
arrested has committed it.

(HOT PURSUIT ARREST)

> While the law enforcers may not actually
witness the execution of acts constituting the
offense, they must have direct knowledge or view of
the crime right after the commission. They should
know for a fact that a crime was committed. And
they must also perceive acts exhibited by the
person to be arrested, indicating that he
perpetrated
the
crime.
Mere
intelligence

Probable cause means an actual belief or

reasonable grounds of suspicion.
reasonable = based on actual facts + good faith on the part
of the arresting officer

3. A prisoner who escaped from a

penal establishment where he is
serving final judgment or is temporarily
confined or has escaped while being
transferred from one confinement

4. By the bondsmen, for the

purpose
of
surrendering
the
accused.
5. Accused who attempts to leave
the country without the courts
permission.

6. Stop and Frisk Operation

- the act of a police officer who (1)
stops a citizen on the street, (2)
interrogates him and (3) pats him for
weapon/s or contraband.
- a search and seizure should precede
the arrest, i.e., search first, then seize, then
arrest.
- it involves a limited protective search
of outer clothing for weapons.

7. Accused was lawfully arrested

but escapes; he can be pursued
anytime and anywhere.
*Duty of Police Officer in effecting an
arrest:
Inform the
arrested person, in a
language known and understood by
him, of his rights to remain silent and
to have competent and independent
counsel (Miranda Rights)

Custodial
Investigation

includes invitation or an
investigation in connection
with
an
offense
he
is
suspected
of.
Presence/assistance
of
counsel is required. Instead,
file
complaint
to
the
Prosecutors Office for its
appropriate action.

Citizens Arrest warrantless arrest

by a private person;
Method of Citizens arrest:
Private person must inform the
person to be arrested of the intent
to arrest and cause of the arrest
Exception: Same as in police
officers.
ARREST W/O A WARRANT:
Duty of arresting officer:
1.Arrest the accused and
2.Deliver him to the nearest police
station or jail without unnecessary
delay.
Warrant must be executed within 10

Extra-judicial Confession
Requirements to be admissible in court:
1. It must be in writing;
2. Signed by the arrested person in
counsels presence;
3. Counsel must also sign to show
his presence;
> If he has no counsel, there
must be a valid
waiver, in
writing, and witnessed by his
parents, spouse, etc.

WARRANT OF ARREST enforceable indefinitely,

until such time as the person is arrested, until it is executed,
recalled or quashed.
ISSUER OF ARREST WARRANT:
(1)Judge
(2)Others authorized by law B.I.D. Commissioner (after a final
Deportation Order
is issued)
METHOD
OF ARREST WITH WARRANT:
Inform the person of the cause of the arrest and that he has a
warrant EXCEPT if he flees, forcibly resists before the police
had opportunity to tell him and if to inform him will imperil
the arrest.
Arrest Warrant need not be in the possession of the arresting
officer at the time of the arrest but, if required, the warrant
should be shown as soon as practicable.
Police officer may verbally ask any person to assist him in
arresting a person. Any person may refuse rendering
assistance to the police officer if it is detrimental to himself.

BREAK INTO A BUILDING OR ENCLOSURE

where the person to be arrested is or the police officer believes him

- if he is refused entry
- after he announced his authority and
purpose
- NOT ALLOWED in citizens arrest
RIGHT TO BREAK OUT if necessary to free himself

*When Warrant of Arrest is NOT

necessary:
- under detention
- summary procedure cases
-offense penalized by fine only.
- also in entrapment operations

SEARCH AND SEIZURE

SEARCH WARRANT: 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.
Who issues: Judge, AFTER he is convinced that the applicant
has complied with the following requirements:
probable cause* in connection with one specific offense to be
determined personally by the judge after
(2) examination under oath or affirmation of the complainant
and the witnesses he may produce
(3) particularly describing the place to be searched and the
things to be seized which may be anywhere in the
Philippines.
* Probable cause for search is defined as such facts and
circumstances which would lead a reasonably discreet and
prudent man to believe that an offense has been committed
and that the objects sought in connection with the offense

Personal Property to be seized (Sec. 3):

1) Subject of the offense
(2) Stolen or embezzled and other proceeds, or fruits of the
offense; or
(3) Used or intended to be used as the means of committing
an offense.
may or may not be owned by him.
> When to search & seize: Day time, unless the warrant
states any time of the day or night.
Validity of Search Warrant: 10 days from its date. VOID
AFTER 10 DAYS.
* To serve the search warrant, the police officer has the right
to break door or window (Section 7).
> WITNESSES: lawful occupant thereof or any member of
his family or in the absence of the latter, two witnesses of
sufficient age and discretion residing in the same locality.

must:
(1)Issue receipt of the seized items, giving a copy
to the occupant or leave a receipt in the place
in which he found the seized property.
(2) Deliver the seized items to the court and
inventory duly verified under oath.
The illegality of the search warrant does not call
for the return of the things seized, if the
possession thereof is prohibited by law (malum
prohibitum)
IF NO ITEMS ARE SEIZED: Return the warrant
to the court 10 days after issue, stating the
reasons for the failure.

VALID WARRANTLESS SEARCH &

SEIZURE
I. SEARCH INCIDENTAL TO LAWFUL
ARREST
- person arrested is searched for
dangerous weapons or anything which
may have been used in an offense
> there must be an arrest BEFORE a
search can be made on:
(1) the person arrested and
(2) the area within which the
arrested person may reach for a weapon or
an evidence to destroy.

II. PLAIN VIEW DOCTRINE

Requisites:
A prior valid intrusion based on
the valid warrantless arrest in
which the police are legally
present in the pursuit of their
official duties;
Evidence was inadvertently
discovered by the police officer
who had the right to be where they
are;
The evidence must be immediately
apparent;
Justified by mere seizure of

III. SEARCH OF MOVING VEHICLES,

CHECKPOINTS
> Limited to visual search, i.e., the vehicle
is not searched; the occupants are not subjected
to body search.
IV. CUSTOMS SEARCHES
V. SEARCH PURSUANT TO A ROUTINE
AIRPORT
SECURITY PROCEDURE
VI. STOP & FRISK THEORY
VII.WAIVER BY THE ACCUSED
* Fruit of a poisonous tree/inadmissible in

INQUEST vs. REGULAR P.I.

Inquest - an informal and summary investigation
conducted by a prosecutor in criminal cases where
the person arrested or detained without a warrant of
arrest is under investigation to determine whether
sufficient evidence exists for their continued
detention and prosecution in court.

Preliminary Investigation - an inquiry or

proceeding to determine whether there is sufficient
ground to engender a well-founded belief that a crime
has been committed and the respondent is probably
guilty thereof, and should be held for trial.
> A P.I. is required where the penalty is at
least 4 years, 2 months
and 1 day without regard
to the fine.
>Waiver as provided in Article 125 of the
RPC 12,24,36 hrs. allowable detention;

Counter-Affidavit to be submitted if the

respondent executes a Waiver during the Inquest
Proceeding; to be filed by the respondent within
10 days if regular P.I.
Probable cause/dismissal
Probable cause to determine if the evidence
submitted by the complainant is sufficient to
form a well-founded belief that a crime was
committed and that the respondent is probably
guilty thereof and should be held for trial.
Period for Resolution:
> if Inquest: Immediately
> if Inquest but Respondent
executed Waiver: 15 days
> if regular P.I.: 60 days

COMPLAINT vs. INFORMATION

COMPLAINT A sworn written statement
charging a person with an offense,
subscribed by (1) the offended party or (2)
peace officer or (3) public officer charged
with the enforcement of the law violated.
Offended Party
Peace officers police officers, NBI
Agents, other law enforcement agents
(CIDG,SWAT, etc.)
Public officers charged with the
enforcement of the law violated BIR
employees, customs agents, National
Pollution Council Agents

Complaint by offended party

required in the following
cases:
1) adultery
2) concubinage
3) seduction
4) abduction
5) acts of lasciviousness
6) defamation consisting in the
imputation of any of the above
crimes
INFORMATION > An accusation in
writing charging a person with an offense
subscribed/ signed by the prosecutor and

ISSUANCE OF WARRANT OF ARREST (not in

flagrante case)
>by judge after finding of probable cause,
otherwise,
dismiss
>RTC Cases (6yrs,1 day and up)
JURISDICTION the power or the capacity given by
law to
a court or tribunal to entertain, hear and
determine certain controversies. It is vested in the
court, not in the judge.
MTCC/MCTC if penalty is imprisonment for 6 yrs.
and below, regardless of amount of fine
>Examples:
1. Grave Oral Defamation
2. Theft
3. Illegal Possession of Low- Powered firearms
and
ammunitions

5. Illegal Possession of Deadly Weapon

- also cases falling under the
Rules on Summary Procedure
>Examples:
1. Slight Physical Injuries
2. Malicious Mischief
3. Slander by Deed
4. Violation of B.P. Blg. 22
5. Maltreatment
6. Violations of ordinances,
etc.
Examples:
a. Traffic Violations
b. Viol. of No Smoking
Ordinance

*RTC if penalty is imprisonment for a period

of 6 yrs. and 1 day and above.
>Examples:
1)Murder
2)Rape
3)Qualified Theft
4)Robbery
5)Estafa
6)Illegal Possession of high-powered F/A
and Ammunitions
7)Kidnapping
8)Homicide
* SPECIAL COURTS Family Courts, Drugs
Courts

release of a person in custody of the

law, furnished by him or a bondsman, to
guarantee his appearance before any
court as required under the conditions
specified by the Rules. It may be
corporate surety, property, cash deposit
or recognizance.
* All persons in custody shall be
admitted to bail as a matter of right
before conviction of an offense not
punishable by death, reclusion perpetua
or life imprisonment. After conviction,
bail is discretionary.

made in open court by furnishing

him a copy of the information,
reading the same in the language
known to accused and asking him
whether he pleads guilty or not
guilty.
* The accused shall be arraigned
within 10 days from date of raffle,
the pre-trial conference shall be
held within 10 days after
arraignment.

a) Right to counsel
b) Required language/dialect
c) Plea-bargaining
* At arraignment, the accused with
the consent of the offended party
and prosecutor, may be allowed to
plead guilty to a lesser offense.
After arraignment but before trial,
the accused may still be allowed to
plead guilty to a lesser offense after
withdrawing his plea of not guilty.

When accused pleads guilty

to a capital offense, the court
shall conduct a searching
inquiry, and require the
prosecution to prove his guilt
and the precise culpability.
Motion to Quash allowed
prior to arraignment

PRE-TRIAL - It is a mandatory
conference between the parties, to
consider the following:
-plea bargaining
-stipulation of facts
-marking of exhibits
-waiver of objections to
admissibility of evidence
-modification of the order of
trial
-Settlement/Mediation (PMC)
-Witnesses

TRIAL - It is an investigation process

resulting in a judgment of a legal controversy
or dispute.
Order of Trial:
1. The prosecution shall present evidence
to prove the charge and civil liability;
2. The accused may present evidence to
prove his defense and damages;
3. The parties may respectively present
rebutting evidence;
4. Parties may submit respective
memoranda.
* The order may be modified if the accused
admits charge but raises lawful defense (Selfdefense). The trial will be reversed.

adjudication by the court that the accused

is guilty or not guilty of the offense charged
and the imposition on him of the proper
penalty and civil liability.
* Judgment is promulgated by reading it in
the presence of the accused and any judge of
the court in which it was rendered. If
conviction is for light offense, the judgment
may be pronounced in the presence of his
counsel or his representative. When judge is
absent or outside the province or city, the
judgment may be promulgated by the clerk of
court.
APPEALS - A party may
appeal from a judgment
or final order within 15 days from promulgation
of judgment

CRIME

ARREST WITHOUT
WARRANT

POLICE INVESTIGATION

COMPLAINT BY
OFFENDED PARTY

PRELIMINARY
INVESTIGATION

INQUEST

DISMISSED

PROBABLE
CAUSE

PROBABLE
CAUSE

FILING OF
INFORMATION

ARREST WITH
WARRANT/COMMITMENT
ORDER

PLEA
GUILTY

MOTION
TO
QUASH

ARRAIGNMENT

SUFFICIENT?

DISMISSED

PLEA (NOT
GUILTY)

PLEA BARGAINING
PLEA
GUILTY TO
LESSER
OFFENSE

AGREE/
REJECT

PRE

- TRIAL

PRESENTATION OF
PROSECUTION
EVIDENCE

DEMURRER

SUFFICIENT?
PRESENTATION O
DEFENSE EVIDENCE

DISMISSED

JUDGMENT
ACQUITTAL

CONVICTION

APPEAL