Escolar Documentos
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1
SUPPLEMENTAL READING ONLY. PLEASE READ THE JUSTICE INGLES NOTES AND THE RIANO BOOK. :)
2
SUPPLEMENTAL READING ONLY. PLEASE READ THE JUSTICE INGLES NOTES AND THE RIANO BOOK. :)
the first element. That it is a fact that a crime was committed. must be as we have said, a fact. It cannot be based merely on
DIlilangnganituukangadihaykrimennganahitabokunditinuodgyudnga reasonable ground to believe. It must be a fact. Probable cause is
dunaykrimennganahitabo.)
material in identifying the person to be arrested. What does the rule
say? Probable cause based on personal knowledge of facts to believe
Here, it is not required that the arresting officer saw or perceived the that the person to be arrested committed it. When it says based
commission of the crime. Nganu man?Gibutang man dihanga the Personal knowledge of facts parehobanisa in his presence nga
offense has just been committed. Saato pa, in most cases, requirement sa in flagrante? No. Otherwise there would be no
nahumanna, wanadihaang suspect, pwede pa bakamaka-arrest difference between in flagrante and hot pursuit. Even if officer did
bisagwalakamakakita? Has just been committed and probable cause. not actually witness the commission of the crime, there can still be a
valid warrantless arrest, as long as he had reasonable ground to
People vs Burgos
believe based on facts. What can be these facts? According to the
cases, to illustrate one important thing, they must investigate. Go to
Apparently prosecution tried to justify the arrest of Burgos as hot
the scene of the crime. By going to the scene of the crime, they would
pursuit, di man mahimongain flagrante. Court asked, was it a fact
be able to verify and confirm that in fact a crime was committed.
that Burgos was committing a crime? Unsa may bases? Wala. Katu ra
Secondly, it must be coupled with, an identification by an eye witness
gisulti ni Masamlok nga gipugos xa ni Burgos namu sulod sa NPA. It
or the victim himself that the person to be arrested committed it.
was not enough to establish that Burgos did it or that Burgos was a
rebel. SC said not Hot pursuit.
You have the case of AbelitavsDoria. The police did not have
2ndelement, just been committed. There is a sense of immediacy.
Arrest must immediately follow the commission of the offense. Not
the time offense was discovered or was known, but the time when
the offense was committed. When we talk about time, it can be
minutes, hours. Problem is if it will reach how many days. Will that
comply with the element just been committed.
One case- 12 hours, still immediate (lapse between commission and
arrest)
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SUPPLEMENTAL READING ONLY. PLEASE READ THE JUSTICE INGLES NOTES AND THE RIANO BOOK. :)
cause based on actual belief not on reasonable ground to believe. question the admissibility of the evidence. Nganu man? IN order for
Walyproblemaana.Angproblemaanakanang reasonable ground to search, warrantless, to be considered valid, there are requisites. It
believe.
must be contemporaneous to the arrest, it must be limited to the
permissible area of searchthe body. The purpose of the search is to
SC said in most cases, the arrest is validated based on the knowledge protect the police but it cannot go beyond that but only within the
derived by the arresting officer based on his investigation and the permissible area. Another permissible area, area of immediate
testimony of the witnesses. So dilimahimongadili mag- control. Why? SO that arrested person may not destroy evidence that
imbestigarkaydili man maconfirmnga nay krimennganahitabo.As a may be useful against him. SO bisag pa ug di naxakaquestionsa
minimum however and to prevent abuse, the eye witness or the validity of the arrest kaywaxani-object, he can still question the
victim must accompany the arresting officer. At the very least, search and in effect the inadmissibility of evidence. People
material or physical evidence must be found linking the person to be vsNuevasetc.
arrested to the crime.
Let me just read ingonsisir..so please read Arrest of escaped
People vs Sino-The accused was holding the key to the stolen prisoners. You dont need to explain it daw. Interesting case.
vehicle.
People vs Del Rosario fake angpiyansa. Can he be arrested without
warrant. Yes, when he posted fake bail bond, it is equivalent to
People VsGErente-identification was made by the eye witness
escape from detention so he can be arrested without warrant.
People vsVilllaon-witnesses pinpointed to the culprit
Custodial Investigation
o
o
o
o
o
4
SUPPLEMENTAL READING ONLY. PLEASE READ THE JUSTICE INGLES NOTES AND THE RIANO BOOK. :)
Q: How are you going to be considered when you assist in the arrest?
A:Agent of the person in authority.
Q: When there is resistance?
A:Indirect assault.
Knock and Announce Rule, Rights of persons detained, Visiting hOUrs
(Refer to notes dawingonsir :D)
Q: What is the effect if you post bail, on your right to question Search-10 daysragyudang warrant from issuance
validity of arrest? Are you considered to have waived it?
A: NO. You can still question but you must raise it before you enter
your plea.
Whereas in warrant of arrest you can only apply if a case has been
filed in court. That is why arrest with a warrant is not discussed
under preparatory stage while search thru a search warrant is part
of preparatory stage. It can be issued even before a case is filed. Let
me repeat search warrant can be issued before and after a case
is filed in court.
Q: Where do you apply for a warrant?
A:
Any
court
of
the
place
where
crime
is
committed.Sokungnacommitsa Cebu city ayawog apply saMandaue,
dirisacebu City apply. This is the general rule.
Q: Which court in cebu city? There are branches assigned to specific
cases like family cases,annulment,nullity, legal separation even
criminal cases involving minors, they are tried in family courts. Naa
sad mgakortengailagitrykay drug related cases. They are what we
call specialized courts. There are also courtsassigned to try corporate
cases.
5
SUPPLEMENTAL READING ONLY. PLEASE READ THE JUSTICE INGLES NOTES AND THE RIANO BOOK. :)
-- ex parte proceeding
When a drugs court for example issues a search warrant for a
robbery case, the court exercises its ancillary jurisdiction, which is
inherent in all courts. (See Taypin case mentioned above or in
Notes)
A search warrant issued by a court can be enforced anywhere in
the Philippines as long as it is the place particularly stated in the
warrant.
Another case: The sala of judge taypinWas not a corporate court but To repeat, ONLY a JUDGE can issue a warrant. (See Salazar
a warrant was applied for in his court involving violation of vsAchacosomentioned above or in notes)
intellectual property code. SC said valid warrant because an
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SUPPLEMENTAL READING ONLY. PLEASE READ THE JUSTICE INGLES NOTES AND THE RIANO BOOK. :)
July 1, 2013
Credits to Jo Borbajo :)
Search Warrant
an order in writing
Signed by a judge
Commanding him to
o Search for personal property described therein
and
o Bring it before the court
Any court within the judicial region where the crime was
committed if the place of the commission of the crime is
known
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SUPPLEMENTAL READING ONLY. PLEASE READ THE JUSTICE INGLES NOTES AND THE RIANO BOOK. :)
The nearer the date that you make your statement during
propriety, the moment that the search is extensive, there
the application for warrant from day that the crime was
must be a probable cause.
committed the fresher the memory is; Hence mas tinood.
The moment the law officers open the doors, open the
Descriptio Personae
a warrantless arrest. (Caveat: Do not confuse this with
The consent must be given by the one who has the right to
to Suppress Evidence.
privacy.
July 2, 2013
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SUPPLEMENTAL READING ONLY. PLEASE READ THE JUSTICE INGLES NOTES AND THE RIANO BOOK. :)
9
SUPPLEMENTAL READING ONLY. PLEASE READ THE JUSTICE INGLES NOTES AND THE RIANO BOOK. :)
A: It can be used in court. But you have the right not to submit your
counter affidavit. But its not part of the trial so there is no right to
counsel violated if you are not assisted by counsel during PI.
Q: What are modes of discovery?
A: Manner by which you can discover. Discover what? Evidence that
the other party has.
Q: Why is this part of the procedure?
A: Because in most cases, you will only come to know the evidence
available to the other party only in trial. But you know it is important
to know in advance the evidence of the other party so you can
prepare.
(See Webb vs de leoncase in notes) Alfaro executed two affidavits.
NBI presented only one. Webb wanted to know contents of the other
affidavit.
A: No. PI is too long. Art. 125 is important here. You can only hold
accused for limited time. Proper procedure is inquest. But if arrested
person wants preliminary investigation then he can ask for PI but he
has to sign waiver of Art. 125. That he allows himself to be detained
beyond the prescribed periods because he wants opportunity to be
heard thru a PI.
Inquest vs PI
Same intention-to find probable casue
10
SUPPLEMENTAL READING ONLY. PLEASE READ THE JUSTICE INGLES NOTES AND THE RIANO BOOK. :)
What is the arrest was improper and then the head of office
determines that the complaint has good basis, the
prosecutor must set it for preliminary investigation. Then a
subpoena will be issued and the person under custody will
be released.
11
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August 8, 2013
RTC-exceeding 6 years
(Ex.one of you gets crazy and starts shooting all of you here
killing 5 of you, is it a continuing offense? NO. A
delitocontinuado, only 1 intent giving rise to several
offenses)
Ex. Issuance of a bouncing check, case for violation of BP 22
is filed against you- continuing crime, because there are
two elements which can be committed, one is issuing the
check the other element is the bouncing of the check.
You issue a bouncing check in cebu city, you deposit it in a
bank in Mandaue City, where can you file case? Both in
mandaue and cebu city coz the crime is a continuing offense
(refer to Gorospe case in Notes)
GR: A criminal action should be instituted in the court
which has authority where the crime is committed.
Alternative venues:
Offense committed in train, aircraft, vehicle in the course
of its trip- case shall be tried in the place of departure or in
the places it passed during its trip or the place of arrival
Offense committed in vessel in the course of its voyagefirst port of entry or any municipality or territory where
vessel passed during the course of its voyage subject to the
generally accepted principles of international law
Where the crime is committed outside of the Philippines
but punishable by art 2 of RPC-cognizable by court where
first filed
Piracy-can be filed in any court
Libel-different venues at the election of the offended or
suing party
-where the article was printed and first published
-victim is private individual-he may file at his
place of residence at the time of the commission of the
offense
-victim is public official-place where he holds
office at the time of the commission of the crime or the
place where the article was printed and first published
*Change of venue-Ampatuan case-happened in Mindanao,
tried in Manila
Crossed check (for deposit only) venue is place of
depositary bank
How do you state the place of the commission of the
offense?
A: It is enough that you state for example at Cebu City
within the territorial jurisdiction of this court
But in the case for example, trespass to dwelling- you have
to be specific in the description where the offense was
committed
Why does the law limit the jurisdiction of the court?
A: Impact (general public: place where offender is known,
to give example to the public; convenience of accused: not
to entail too much expenses)
(refer to sample cases in Notes)
JURISDICTION over SUBJECT MATTER
-determined by penalty prescribed in some cases by the
nature of the offense
Court of Appeals:
Exclusive(to the exclusion of other courts) original(you
have to file it there for the 1st time) :
12
SUPPLEMENTAL READING ONLY. PLEASE READ THE JUSTICE INGLES NOTES AND THE RIANO BOOK. :)
13
SUPPLEMENTAL READING ONLY. PLEASE READ THE JUSTICE INGLES NOTES AND THE RIANO BOOK. :)