Lesson 3
Criminal Procedure
1. Arrest Procedures
Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of an offense.
Types of Arrest
With Warrant
Issued by a judge upon determination of probable cause
Without Warrant
Allowed only in specific circumstances under Rule 113
Warrantless Arrest (Rule 113, Sec. 5)
In Flagrante Delicto
When the person is committing, attempting, or has just committed an offense in the presence of the arresting officer
Hot Pursuit
When an offense has just been committed and the officer has probable cause to believe based on personal knowledge of facts that the person to be arrested has committed it
Escaped Prisoner
When the person to be arrested is a prisoner who has escaped from penal establishment or custody
Duties of Arresting Officer
- Identify yourself as a police officer
- Inform person of cause of arrest
- Inform of Miranda rights
- Deliver to nearest police station within prescribed period
- Execute return of warrant (if with warrant)
2. Search & Seizure
The Constitution protects persons against unreasonable searches and seizures. Evidence obtained in violation is inadmissible.
Requirements for Valid Search Warrant
- 1.Issued upon probable cause
- 2.Determined personally by the judge
- 3.After examination under oath of complainant and witnesses
- 4.Particularly describing place to be searched and things to be seized
Valid Warrantless Searches
Search Incident to Lawful Arrest
Contemporaneous with arrest; within arrestee's reach
Plain View Doctrine
Item in plain sight; officer lawfully present; inadvertent discovery
Consented Search
Voluntary consent; must be intelligent and knowing
Stop and Frisk (Terry Search)
Limited pat down for weapons; reasonable suspicion
Moving Vehicle
Based on probable cause; mobility exception
Checkpoint/Routine Inspection
Visual inspection only; limited to regulatory purposes
Customs Search
At ports of entry; no warrant needed
Exigent Circumstances
Emergency situations; imminent danger
3. Miranda Rights
Also known as custodial investigation rights under Section 12, Article III of the Constitution.
Rights of Persons Under Investigation
Prohibited Acts
- • Torture, force, violence, threat, intimidation
- • Secret detention places, solitary confinement, incommunicado
- • Any means which vitiate free will
Evidence obtained in violation is INADMISSIBLE (Exclusionary Rule)
When Miranda Applies
- • Person is under custodial investigation
- • Investigation is conducted by law enforcement
- • Person is a suspect (not a witness)
- • Questioning is designed to elicit incriminating statements
4. Bail
Bail is the security given for the release of a person in custody, guaranteeing his appearance when required by the court.
Forms of Bail
Corporate Surety
Bond issued by a surety company
Property Bond
Real property as security
Cash Deposit
Money deposited with court
Recognizance
Release to custody of responsible person
When Bail is NOT a Matter of Right
- • Offenses punishable by reclusion perpetua or death
- • When evidence of guilt is strong
- • After conviction by trial court
- • Person is a flight risk
When Bail is a Matter of Right
- • Before or after conviction by MTC/MCTC
- • Before conviction by RTC for non-capital offenses
- • Before finality of judgment for offenses not punishable by death, reclusion perpetua, or life imprisonment
5. Court Procedures
Criminal cases follow a specific procedure from filing to judgment.
Stages of Criminal Procedure
- 1
Filing of Complaint/Information
Prosecutor files information with the court
- 2
Arraignment
Reading of information; accused enters plea
- 3
Pre-Trial
Stipulation of facts, plea bargaining, marking of exhibits
- 4
Trial
Presentation of evidence; examination of witnesses
- 5
Judgment
Conviction or acquittal; promulgation of decision
- 6
Appeal (if any)
To higher court within prescribed period
Jurisdiction
MTC/MCTC/MeTC
Offenses with penalty not exceeding 6 years imprisonment
RTC
Offenses with penalty exceeding 6 years imprisonment
Sandiganbayan
Graft and corruption cases; public officials
Supreme Court
Appellate jurisdiction; certiorari, prohibition, mandamus
NAPOLCOM Criminal Procedure Tips
- ✓Memorize warrantless arrest grounds - in flagrante, hot pursuit, escaped prisoner.
- ✓Know valid warrantless searches - these are frequently asked.
- ✓Understand Miranda rights - when they apply and cannot be waived.
- ✓Know bail rules - when it's a matter of right vs. discretion.