REMEDIAL LAW: CRIMINAL PROCEDURE

PROF. SANDRA MARIE OLASO -CORONEL REVIEWER BY: MARIA ARA H. GARCIA

PART ONE: PROSECUTION OF CRIMINAL AND CIVIL ASPECTS OF OFFENSE AND APPLICATION FOR PROVISIONAL REMEDIES

Nature of actions arising from criminal act

A. Criminal B. Civil

RPC Arts. 100-113 Civil Code

General rule: Art. 29. When the accused in criminal proceeding is acquitted on ground of guilt not proved beyond reasonable doubt, a civil action for damages may be instituted (requires only preponderance of evidence) Exceptions: Under these cases, a separate civil action may be instituted independently of the criminal action, and shall only require preponderance of evidence Art. 32. Any public officer or employee, or any private individual, who obstructs, defeats, violates in any manner impedes or impairs any of the following shall be liable to the latter for damages: 1. 2. 3. 4. 5. 6. Freedom of religion Freedom of speech Freedom of press to maintain publication Freedom from arbitrary or illegal detention Freedom of suffrage Right against deprivation of property without due process 7. Right to just compensation 8. Right to equal protection of laws

9. Right to be secured in ones person, house, papers, effects against unreasonable searches and seizure 10. Liberty of abode 11. Privacy of communication and correspondence 12. Right to associate 13. Right to peaceable assembly 14. Right to be free from involuntary servitude 15. Right of accused against excessive bail 16. Right of accused to be heard by himself and counsel, to be informed of nature of the offense, to have speedy and public trial, to meet witnesses face to face, and have compulsory process to secure attendance of witness in his behalf 17. Freedom from being compelled to witness against himself, or forced to confess guilty (right against self-incrimination) 18. Freedom from excessive fines, or cruel punishment 19. Freedom of access to the courts In these cases, the aggrieved party has the right to commence an entirely separate and distinct civil action for damages. It shall proceed independently of criminal prosecution and may be proved by preponderance of evidence Art. 33. In cases of defamation, fraud, and physical injuries Art. 34. When member of a city or municipal police force refuses or fails to render aid or protection to any person in case of danger to life or property Art. 2176. Quasi-delict

Institution of actions arising from crime

Generally
Rule 110, Sec 1: (a) For offenses where preliminary investigation is required: - file complaint with proper officer for purpose of conducting PI (b) For all other offenses:

- file with MTC or MCTC, or the complaint with Office of Prosecutor (OP) - In Manila and other chartered cities: OP unless otherwise provided * Filing of action shall interrupt period of prescription unless otherwise provided RJCL, Sec. 11: Against a juvenile Where PI is required: prosecutor or MTC In Manila or other chartered cities: OP Where PI is not required: directly with Family Court *All criminal actions commenced shall be prosecuted under direction and control of public prosecutor assigned to the Family Court

Provided: They have jurisdiction over offenses involving damage to property through criminal negligence Rule 110, Sec. 15. Place where action is to be instituted (a) Court of municipality or territory where offense was committed or any of its essential ingredients occurred (b) When committed on train, aircraft, or other public or private vehicle: a. Any municipality/territory where train passed during its trip b. including place of departure and arrival (c) On board a vessel during voyage a. In the port of entry b. or any municipality or territory it passed (d) Crimes under Art. 2 of RPC: by court where criminal action is first filed RJCL, Sec. 14 Any action involving a juvenile in conflict with the law: Family Court of or nearest place where offense was committed or where any of essential elements occurred Exceptions to rule on venue: Upon showing that there would be bias, or that justice would not be served

Venue and Jurisdiction

Jurisdiction - power of the court to impose on accused to answer for an offense; determined by law Venue territory; which court the action should be filed BP 129: Act Reorganizing Judiciary Sec 20. Jurisdiction in criminal cases RTC shall have exclusive original jurisdiction in ALL criminal cases not within exclusive jurisdiction of any court, tribunal, or body EXCEPT those falling under exclusive and concurrent jurisdiction of Sandiganbayan Sec 32. Jurisdiction of MTC, MCTC, in criminal cases Except in cases falling within jurisdiction of RTC, the MTC, MCTC shall exercise (a) Exclusive original jurisdiction over ALL violations of city or municipal ordinances within territory (b) Ex. Orig. Juris. over all offenses punishable with imprisonment not more than 6 yrs

People vs Lagon Criminal information for estafa was filed in City Court of Roxas City. At the time of institution of action, RPC was amended increasing the penalty for estafa, which made it under the jurisdiction of the RTC. Ruling: The jurisdiction is determined by the law in force at the time of institution of action, not the commission of the offense. RTC had jurisdiction, but may not impose heavier penalty but the original penalty provided by RPC. Malaloan vs CA Obtention of warrant must not be equated with institution of criminal action. Issuance of a warrant is a power inherent in all courts while jurisdiction over criminal actions are reposed in specific courts.

The complaint/information
Rule 110 Sec. 2. The complaint or information shall be in writing, in the name of the People of the Philippines and against all persons who appear to be responsible for the offense. Sec. 3. A complaint is a sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer, or public officer charged with enforcement of the law violated. Sec. 4. An information is an accusation in writing, charging a person with an offense, subscribed by the prosecutor, and filed with the court. DOJ-NPS Manual, Part III, Sec. 8: For purposes of PI, the complaint shall be accompanied by Information Sheet which shall state: (a) Full and complete names and exact home, office, or postal address of complainant and witnesses (b) Full and complete name, exact home, office, or postal address of respondent (c) Offense charged and place and exact date and time of its commission (d) Whether or not there exists a related case, and if so, the docket number of said case and name of Investigating Prosecutor thereof

Crimes which shall not be prosecuted except upon complaint of offended party: Concubinage and adultery o Must include both parties o Must not have consented or pardoned the offenders Seduction, abduction, acts of lasciviousness o May be filed by offended party or her parents, grandparents or guardian o Complainant must not have pardoned offense o If offended party dies or becomes incapacitated and has no known parents, grandparents, or guardian, the State shall initiate action in her behalf Minors hall have the right to initiate action for offenses above (SAL) independent of PGG UNLESS she is incompetent or incapable. Right to file granted to PGG shall be exclusive and exercised in that order No criminal action for DEFAMATION which imputes any of the crimes above shall be brought except when filed by offended party

People vs Beriales Evidence presented by private prosecutor at a hearing at which fiscal or representative was not present cannot be considered evidence. In municipal courts, or city courts without fiscals, the police, constabulary or law enforcement officers and private prosecutors MAY prosecute criminal cases. Republic vs. Sunga The Fiscal has discretion and control of prosecution but once it has been filed in Court, any disposition of the case rests in the sound discretion of the Court. Even though Fiscal cannot impose his opinion, he must still be consulted on the matter. People vs Galigao: Non-retroactivity of complaint requirement in Rape (RA 8353 enacted in 1997)

Person prosecuting criminal action; intervention of offended party

Rule 110, Sec 5. Who must prosecute General rule: All criminal actions shall be prosecuted under the direction and control of the prosecutor In case of heavy work of public prosecutor or lack thereof, a private prosecutor may be authorized by Chief Prosecutor

Exception: When OSG takes contrary position, the private prosecutor may intervene on behalf of the offended party (People vs Madali)

Form and Content

PROCEDURAL 1. Name of accused and offended party

Rule 110, sec 7: The complaint or information must state the name and surname of the accused or any appellation or nick name by which he is or has been known. If his name cannot be ascertained, a fictitious name shall be used with a statement that his true name is unknown. If the true name thereafter surfaces or has been admitted by the accused, the name shall be inserted in the complaint or information and record. Rule 110, Sec. 12: The complaint or information must state the name and surname of the offended party or any appellation or nickname by which he is or has been known. If there is no better way of identifying him, he must be described under a fictitious name. (a) In offenses against property, and the name of offended party is unknown, the property must be described with such particularity as to properly identify the offense charged (b) If the true name surfaces or was disclosed, the name shall be inserted in complaint or information and record. (c) If juridical person, name or designation by which it is known should suffice. No need to aver that it is a juridical entity. 2 requirements: (1) Described under fictitious name if name cannot be ascertained (there was effort to find out) (2) Statement saying true name is unknown - A safeguard against danger of randomness of accusations - It is the burden of the prosecutor to indicate true name 2. Designation of Offense Rule 110, Sec 8: The complaint or information shall state the designation of the offense given by the statue, the acts or omissions constituting the offense, and specify its qualifying and aggravating circumstances. If there is no designation, reference shall be made to the section and subsection of the statute. *This new rule on alleging qualifying and aggravating circumstances took effect on Dec. 1, 2000. It shall be

given retroactive effect whenever favourable to the accused. DOJ-NPS Manual, Part III, Sec 40: The caption shall set forth the denomination of offense and the specific article and paragraph of statute violated. Effect of defect in designation of offense: Information may be quashed upon motion People vs Guevarra Failure to file motion to quash information on basis of impropriety of name before arraignment of the accused would constitute a waiver. Class Notes: Rules can NEVER prejudice the rights. When accused never raises issue beforehand, he would not have the right to assert since the right would be considered waived. Remedy: Bill of Particulars compel prosecution to give more information 3. Formal Amendment People vs Degamo Amendment after plea is permitted only as to matters of FORM if (1) leave of court is obtained, and (2) it is not prejudicial to rights of the accused Formal Amendments: (a) New allegations which relate to range of penalty (b) Amendment that does not change another offense distinct from original one (c) Allegations which do not alter prosecutions theory on case (d) Does not adversely affect any substantial right of accused (i.e. right to invoke prescription) Test: WON defense under original information would be equally available after amendment WON any evidence which accused might have would be equally applicable to the information Villaflor vs Viver

If it is only a formal amendment, a preliminary investigation is no longer required or needed. But if the amendment is substantive, the PI can be demanded by the accused. SUBSTANTIVE 1. Single Offense Rule 110, Sec. 13: A complaint or information must charge only ONE offense EXCEPT when the law prescribes a single punishment for various offenses (special complex crimes) 2. Cause of accusation Rule 110, Sec. 9: The acts or omissions complained of as constituting the offense and the qualifying and aggravating circumstances must be stated in ordinary and concise language, in terms sufficient to enable a person of common understanding to know what offense is being charged as well as the QA circumstances and for the court to pronounce judgment. 3. Date, Place, Time of commission Rule 110, Sec. 10: PLACE: The complaint or information is sufficient if it can be understood from its allegations that the offense was committed or some of its essential ingredients occurred at some place within the jurisdiction of the court. UNLESS the particular place where it was committed constitutes an essential element of the offense or necessary for its identification. Rule 110, Sec. 11: DATE: It is not necessary to state in the complaint or information the precise date the offense was committed EXCEPT when it is a material ingredient of the offense. The offense may be alleged to have been committed on a date as near as possible to the actual date of commission. General Rule: Complaint or information may be sufficient if it averred the commission of the crime was at SOME place within the jurisdiction of the court and at a date as NEAR as possible to the actual date.

Exception: When the place and date constitute a material ingredient of the offense, or necessary for its identification. Example of crime where time is material: Bigamy; passing of a new law People vs. Lizada: The precise date is not an essential element of rape. People vs. Molero: Changing the mistake as to the date is only a formal amendment and will not constitute double jeopardy. Rocaberte vs People: Variance of a few months in the date in the information and the date of actual commission of the crime as proved in the trial is allowed. However, a variance of a couple of years is already fatally defective. Need not be alleged People vs Perez: The kind or nature of the weapon used need not be alleged in the complaint or information. People vs Balitaan: Matters of evidence need not be averred. Example: Manner of forgery

Suspension of criminal action by reason of Prejudicial Question

Rule 111, Sec 6: A petition for suspension of criminal action based on pendency of civil action may be filed in office of the prosecutor or court conducting preliminary investigation. When criminal action has been filed in court for trial, the petition to suspend shall be filed in the same criminal action at any time before the prosecution rests. Where to file petition for suspension? conducting PI OP or court

When to file? Anytime before prosecution rests; If crim action was already filed, suspension must be filed in same proceeding Rule 111, Sec 7: Elements of prejudicial question

(a) Previously instituted civil action involves similar or intimately related issue as in crim action (b) Resolution of such issue determines WON crim action may proceed DOJ-NPS Manual Part III Sec. 23. Prejudicial Question Resolution of which is a logical antecedent of issue Based on facts distinct and separate from crime charged but so intimately connected with it that it determines the guilt or innocence of the accused Resolution of issues in civil case would determine guilt or innocence of accused

The reservation of right shall be made BEFORE prosecution starts presenting evidence (circumstances which would afford offended party reasonable time to make reservation) (b) Crim action for violation of BP 22 shall be deemed to include civil action. NO reservation to file separately shall be allowed. Where civil action has been filed separately and trial has not yet commenced, it may be consolidated with crim action upon application with court trying the case. RJCL, Sec 12: For juvenile delinquents, the rules that will apply shall be those under Rule 111 Rule 111, Sec 2: Suspension of separate civil action After crim action has been commenced, separate civil action cannot be instituted until final judgment has been entered. If crim action is filed AFTER said civil action, the civil action may be suspended on whatever stage it is before judgment on the merits. The suspension shall last until final judgment is rendered in crim action. Before judgment on civil action, the same may be consolidated with the crim action, upon motion of offended party. The evidence already adduced in civil action shall be deemed automatically reproduced in crim action without prejudice to cross-examine and present additional evidence. The consolidated cases shall be tried and decided jointly. During pendency of crim action, the running period of prescription of civil action (those which cannot be instituted separately or has been suspended) shall be tolled. Extinction of penal action does not carry with it extinction of civil action. However, the civil action based on delict may be deemed extinguished if there is a finding in a final judgment in the crim action that the act or omission from which the civil liability may arise did not exist.

Sec. 24. Elements (1) Intimately related issues (civil case vis a vi scrim action) (2) Resolution determines WON action may proceed (3) Cognizance of issue rests on another tribunal Marella-Bobis vs Bobis Bigamy exists even though first marriage is void because elements of (a) first marriage, and (b) subsequent marriage are present. Any decision in a civil case for nullity of first marriage would not erase that fact. It is NOT a prejudicial question since the decision in the civil case is not essential in the determination of the criminal charge. A. Civil aspect Rule 111, sec 1: Institution of criminal and civil actions (a) When a criminal action is instituted, the civil action for the recovery of civil liability arising from offense shall be deemed instituted with the crim action UNLESS the offended party waives civil action, reserves the right to institute it separately OR institutes civil action prior to crim action

Rule 111, Sec 3: Independent civil actions Arts. 32, 33, 34, and 2176 of CC Shall proceed independently of crim action and shall require only a preponderance of evidence In no case, however, may offended party recover twice for same a/o charged in crim action

notice to the offended party, and (3) with leave of court. Court shall state its reasons in resolving motion and furnish copies of order to the parties. If a mistake in charging the proper offense was discovered before judgment , the court shall dismiss the original complaint upon filing of a new one. PROVIDED, the accused will not be placed in double jeopardy. DOJ-NPS Manual, Part III, Sec 4: *cases* B. Motion to Quash: Rule 117 Sec 1: Time to move quash At any time before entering his plea, accused may move to quash complaint or information Sec. 2: Form and contents in writing signed by accused or his counsel shall distinctly specify factual and legal grounds

Rule 111, Sec 4: Effect of death Death of accused AFTER arraignment and DURING PENDENCY of crim action shall extinguish the civil liability arising from delict. However, independent civil action instituted under section 3 of Rules or is thereafter instituted to enforce liability from other sources of obligation may be continued against estate or legal representative of accused. Heirs of accused may be substituted for the deceased without need for appointment of executor or administrator. Court may appoint guardian ad litem for minor heirs. If the accused dies BEFORE arraignment, the case shall be dismissed without prejudice to any civil action the offended party may file against the estate. Rule 111, Sec. 5: Judgment in civil action not a bar Judgment absolving defendant in civil action is not a bar to criminal action against him for the same a/o

Sec. 3: Grounds (a) Facts charged do not constitute an offense (b) Court trying the case has no jurisdiction over offense (c) Court trying the case has no jurisdiction over the person (d) Officer who filed information had no authority (e) Does not conform substantially to prescribed form (f) More than one offense was charged (g) Crim action or liability has been extinguished (h) Contains averments, which if true, would constitute a legal excuse or justification (i) Accused has been previously convicted or acquitted of offense, (double jeopardy) or dismissed without his express consent Sec 4: Amendment of complaint/information If motion to quash is based on alleged defect of complaint/info which can be cured by amendment, the court shall order that an amendment be made.

Remedies available
A. Amendment/Substitution of Information Rule 110, Sec. 14 A complaint or information may be amended, in form or in substance, without leave of court, at any time BEFORE the accused enters his plea. After the plea and during the trial, a formal amendment may only be made (1) with leave of court, and (2) without prejudice to the rights of the accused. Any amendment BEFORE plea, which downgrades the nature of the offense, or excludes any accused, can be made ONLY upon (1) motion by the prosecutor, (2)

If based on ground that the facts charged do not constitute an offense, prosecution shall be given an opportunity to correct. The motion to quash shall be granted IF prosecution fails OR it still suffers from same defect despite amendment. Sec. 5. Effect of sustaining motion to quash If motion to quash is sustained, court may order another C/I to be filed (subject to exceptions in Sec 6). If the order is made, accused shall not be discharged unless admitted to bail. If no order is made or no new info is filed within time specified, the accused shall be discharged unless he is also in custody for another charge. Sec. 6. Order sustaining motion to quash NOT a bar to another prosecution UNLESS motion is based on 3(g): crim action or liability has been extinguished OR (i) double jeopardy Sec. 9. Failure to move to quash or allege any ground Shall be deemed a WAIVER unless it is based on grounds 3(a), (b), (g), and (i).

(c) When accused has concealed, removed, or disposed of property, or is about to do so (d) When accused resides outside the Phils

PART TWO: SEARCH AND SEIZURE

Nature, scope and definition

Definition
Art. III, Sec. 2, 1987 Consti: The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable. No search warrant shall issue except upon probable cause to be determined personally by the judge, after examination under oath of the complainants and the witnesses he may produce, and particularly describing the places to be searched and the things to be seized. Art. III, Sec. 3: The privacy of communication and correspondence shall be inviolable except upon lawful order of the court OR when public safety or order requires otherwise, as prescribed by law. Art. III, Sec. 3, Par. 2: Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding. Rule 126, Sec. 1. Search warrant A search warrant is an order in writing, issued in the name of the People of the Philippines, signed by the judge, and directed to a peace officer, commanding him to search for personal property as described therein and to bring it before the court. Rule 126, Sec. 13. Search incident to lawful arrest: A person lawfully arrested may be searched for dangerous weapons or anything which may have been used or constitute proof in the commission of an offense without a search warrant.

Cruz vs CA BILL OF PARTICULARS Rule 116, Sec 9: Before arraignment, accused may move for a bill of particulars to enable him to plead properly and prepare for trial. The motion shall specify the alleged defects of C/I and details desired. PROVISIONAL REMEDIES 1. Attachment Rule 127, Sec. 2: Offended property may have the property of accused attached as security for the satisfaction of any judgment that may be recovered from accused in the following cases: (a) When accused is about to abscond (b) Based on claim for money or property embezzled or misappropriated by public officer, officer of corp, attorney, factor, broker, agent, or clerk in course of employment, or any person in a fiduciary capacity in wilfull violation of duty

A. Constitutional and statutory boundaries; limitations on State Action Villanueva vs. Querubin: Failure to raise the issue of validity of warrant in the court that issued the warrant or the court where the action was filed constitute a waiver of that protected right. People vs. Marti: The constitutional guarantee against unlawful searches and seizures applies as a restraint against the State and its agencies. It could only be invoked against the State and not against private persons. It is important to establish that there was no government interference in the search. Guanzon vs. De Villa: All police actions are governed by the limitations of the Bill of Rights. Rare case because court overlooked problem of standing and granted the injunction upon finding of violations of human rights of ALL the citizens. B. Types 1. Through search warrant

An application for search warrant may be made in the court where the criminal case is pending, which acquires primary jurisdiction over said case. When a criminal action has not yet been filed, the application may be filed in any court even without territorial jurisdiction when justified by compelling reasons. Davide, dissent: The court where the main case is filed has exclusive jurisdiction over all incidents thereto and the issuance of all writs and processes in connection therewith. Also, cannot contemplate of a compelling reason that would justify circumvention of the rule. Search intention to find something that will be used as evidence in a case Seizure the taking of things searched for that purpose General rule: Search warrant is required before a search and seizure of personal property may be effected. Exceptions: 1. Warrantless arrest incidental to a lawful arrest 2. Seizure of evidence in plain view a. Legal intrusion must be based on a VALID warrant b. Inadvertently discovered c. Evidence immediately apparent d. Seizure made without further search 3. Search of a moving vehicle 4. Customs search 5. Stop and Frisk 6. Exigent and Emergency circumstances For these exceptions to apply, there must still be probable cause bolstered by additional factors depending on circumstances surrounding the case (People vs Aruta)

Rule 126, Sec.2. Venue of application:

(a) Any court within whose territorial jurisdiction the crime was committed (b) For compelling reasons stated in the application, any court within the judicial region where the crime was committed if the place of commission of the crime is known, or any court within the judicial region where the warrant shall be enforced. Interim Rules, par. A3 Writs and processes. (a) Writs of certiorari, prohibition, mandamus, quo warranto, habeas corpus and injunction issued by a regional trial court may be enforced in any part of the region. (c) All other processes, whether issued by a regional trial court or a metropolitan trial court, municipal trial court or municipal circuit trial court may be served anywhere in the Philippines, and, in the last three cases, without a certification by the judge of the regional trial courts. Malaloan vs CA

Rule 126, Sec. 4: Requisites for issuance

A search warrant shall issue only upon probable cause in connection with one specific offense, to be determined personally by the judge upon personal examination under oath and affirmation of the complainant and witnesses he may produce, and particularly describing the place to be searched and things to be seized, which may be anywhere in the Philippines.

Sec. 5. Examination of complainant The judge must: Personally examine in the form of searching answers and questions In writing and under oath The complainants and witnesses he may produce on facts personally known to them Attach sworn statements to the record together with affidavits

1. Specific as the circumstances allow 2. Expresses a conclusion of fact by which officer may be guided in making search 3. Has direct relation to the offense for which warrant is being issued Description of place to be searched The Constitution and the Rules limit the place to be searched only to those described in the warrant. The requisite of particularity is related to the probable cause requirement. (Paper Industries vs Asuncion) Rule 126, Sec. 3: Property to be seized 1. Subject of an offense 2. Stolen, embezzled, fruits or proceeds of a crime 3. Used or intended to be used as means of committing an offense Validity of a warrant: 10 days (Rule 126, Sec. 10)

Twin Requisites: (1) Probable cause (2) Particularity of description Concept of probable cause in SW People vs. Estrada Probable cause constitute those facts and circumstances which would lead a reasonably prudent man to believe that an offense has been committed and that the objects sought in connection therewith are in the place to be searched. Illinois vs Gates Spinellis two pronged test which required (1) revealing informants basis of knowledge, and (2) providing sufficient facts to establish veracity or reliability of report, was abandoned. It was substituted by the totality of circumstances approach. The judge, using common sense, makes a decision that is fair probability that evidence of a crime will be found given all the circumstances. Class notes: Importance of Oath of complainant and witnesses: so that perjury may be charged in cases of falsification; a safeguard against false testimonies Description of things to be seized: Only insofar as circumstances would ordinarily allow. The law does not require that things to be seized must be described in precise and minute detail as to leave no room for doubt, since this would make obtention of a warrant virtually impossible. (Kho vs Macalintal) Test of particularity (Bache vs Ruiz):

Warrantless Search
Incidental to a lawful arrest it is required that a lawful arrest be first made before a search is conducted Stop and Frisk Where police officer observes unusual conduct which leads him to reasonably conclude that criminal activity may be afoot and person may be dangerously armed, for fear of his own and others safety, he is entitled for the protection of himself and others to conduct a carefully limited search of outer clothing in an attempt to discover weapons. Probable cause is not required but a genuine reason must exist, in light of officers experience and surrounding conditions. (Terry vs Ohio) 2-fold interest: (1) effective crime prevention (2) safety and self-preservation Consented Search Garcia vs Locsin: Failure to resist or object to the execution of warrant does not constitute an implied waiver of a constitutional right. It is but a submission to the authority. Effect of voluntary surrender admission of guilt (People vs Agbot)

Stop and Frisk In Plain Sight Private Searches Extraordinary Circumstances

When to file waiver of objections to admissibility of evidence during pre-trial conference initiated by the court within 30 days after arraignment Who can file for remedies? The party whose rights have been impaired. It is a personal right. B. Return of property illegally seized Illegality of search warrant does not call for return of things seized, the possession of which is prohibited (Mata vs. Bayona) However, it shall be excluded and may not be used as evidence. C. Criminal liability (under RPC) Violation of domicile Search warrants maliciously obtained Searching domicile without witnesses Unjust interlocutory order

Procedure for service of warrant

1. Time of search 2. Two-witness rule 3. Breaking of door or window to effect search Duties of officer serving the warrant: 1. 2. 3. 4. Present SW to lawful occupant They must identify/establish authority Cannot roam around without occupant/witness Must issue a detailed receipt of property seized to the lawful occupant, or in the absence thereof, leave the receipt in the place in the presence of 2 witnesses of sufficient age and discretion residing in the same locality

PART THREE: ARREST Nature and Definition

Definition
Rule 113, Sec. 1 Arrest is the taking into custody of a person in order that he may be bound to answer for the commission of an offense. Sec. 2 An arrest is made by an actual restraint of a person to be arrested, or voluntary submission to the custody of the person making the arrest. No violence or unnecessary force shall be employed in making the arrest. The person arrested shall not be subject to a greater restraint than is necessary for his detention. Diplomatic and Parliamentary immunity from arrest Art. VI, Sec 11, 1987 Consti. A Senator or Member of the House of Representatives shall, in all offenses punishable by not more than six years imprisonment, be privileged from arrest while the Congress is in session. No Member shall be questioned nor be held liable in

Post-service procedure 1. Issuance of receipt 2. Delivery of property and inventory; return and proceedings on return People vs Lacbanes: Signing of the receipt will only constitute an extrajudicial confession in cases wherein possession is illegal per se. The solution would be that the police officer would sign the receipt instead of the occupant.

Remedies against unreasonable searches and seizure

A. Motion to Quash or Motion to Suppress Evidence Motion to quash invalid search warrant May be filed in the court where the warrant is issued or at the court where the criminal case is pending. This remedy is alternative and operates to the exclusion of the other.

Motion to suppress valid SW, but invalid execution

any other place for any speech or debate in the Congress or in any committee thereof.

With warrant of arrest

a. When and how warrant issued Art. III, Sec. 2, 1987 Consti: The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable. No search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge, after examination under oath of the complainants and the witnesses he may produce, and particularly describing the places to be searched and the things to be seized. Placer vs Villanueva The judge may rely upon the fiscals certification of existence of probable cause, and on the basis thereof, issue a warrant of arrest. However, he is not precluded from questioning such certification for the determination of probable cause as to the issuance of a warrant is the duty of the judge. He has the power to dismiss the charge upon finding that the information is without basis. People vs Inting

It shall be the duty of arresting officer executing warrant to deliver him to the nearest police station or jail without unnecessary delay. Sec. 4. Execution of warrant Warrant shall be executed within 10 days from receipt. Within 10 days after expiration of the period, the officer assigned to execute shall make a report to the judge who issued the warrant. In case of failure to execute, he shall state the reasons. Alias warrant upon failure to execute warrant within the 10-day period, officer must return to the court with his reasons. The court will then issue an Alias warrant which shall be valid until served or withdrawn by the court. Sec 6. Time of making arrest on any day at any time of the day or night Sec 7. Method of arrest by officer by virtue of warrant officer shall inform the person to be arrested of the cause of the arrest and the fact that a warrant had been issued EXCEPT when he flees or forcibly resists Or if giving information will imperil arrest Officer need not have warrant in his possession at the time of arrest But the person arrested may require that it be shown to him as soon as practicable, after the arrest

Distinction must be made between PI as to issuance of warrant of arrest and PI as to the existence of reasonable ground of guilt. The former is a judicial function while the latter is an executive duty. By itself, the Prosecutors certification of probable cause is ineffectual. It is the supporting documents behind it that are material in assisting the Judge in making his determination. Class notes:

Diff between SW and WA: In SW, there is a need for physical custody of the warrant, while such is not required in WA Rationale: It may happen that the things they are looking for are not in the place they want to search. Hence, rules are more stringent. In WA, no 2-witness rule

Judicial vs Executive duties: both essentially require the same quantum of evidence but they are used for different purposes. This serves as a check and balance since the appreciation of the evidence could be different. b. How effected Rule 113, Sec. 3: Duty of arresting officer

Warrantless Arrests
Rule 113, Sec. 5. Lawful warrantless arrests (a) In the presence of peace officer or a private person, person to be arrested has committed, is actually committing, or is attempting to commit an offense

(b) When an offense has just been committed and the person has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it (c) When the person to be arrested is a prisoner who has escaped from a penal establishment Person arrested shall be forthwith delivered to the nearest police station or jail. Rule 113, Sec. 8. Method of arrest by officer without warrant Officer shall inform person of his authority and cause of the arrest UNLESS the latter is engaged in the commission of an offense, is pursued immediately after, has escaped, flees, or forcibly resists, or when giving of information shall imperil the arrest

Special Rules for Juveniles in conflict with law Sec. 6. Procedure in Taking a Juvenile into Custody. Any person taking into custody a juvenile in conflict with the law shall: (a) Identify himself and present proper identification to the juvenile; (b) Inform the juvenile of the reason for such custody and advise him of his constitutional rights in a language or dialect understood by him; (c) Refrain from using vulgar or profane words and from sexually harassing or abusing, or making sexual advances on the juvenile; (d) Avoid displaying or using any firearm, weapon, handcuffs or other instruments of force or restraint, unless absolutely necessary and only after all other methods of control have been exhausted and have failed; (e) Refrain from subjecting the juvenile to greater restraint than is necessary for his apprehension; (f) Avoid violence or unnecessary force; (g) Notify the parents of the juvenile or his nearest relative or guardian, if any, and the local social welfare officer as soon as the apprehension is made; (h) Take the juvenile immediately to an available government medical or health officer for a physical and mental examination. The examination results shall be kept confidential unless otherwise ordered by the Family Court. Whenever treatment for any physical or mental defect is necessary, steps shall be immediately taken by the said officer to provide the juvenile with the necessary and proper treatment; and (i) Hold the juvenile in secure quarters separate from that of the opposite sex and adult offenders.

Rule 113, Sec 9. Method of arrest by a private person Private person shall inform person of intention to arrest him and the cause of the arrest UNLESS the latter is engaged in commission of offense, pursued immediately after, has escaped, flees, or forcibly resists, or when giving of info will imperil the arrest

Rule 112, Sec. 6. Post-arrest procedure When accused is lawfully arrested without a warrant involving an offense which requires PI, the C/I may be filed by a prosecutor without need of such investigation provided an INQUEST has been conducted. In absence or unavailability of inquest prosecutor, the complaint may be filed by offended party or peace officer directly with the proper court on basis of affidavit . Before C/I is filed, person arrested may ask for a PI, but must sign a waiver of provisions of Art. 125 (delay in delivery of detained persons), in presence of counsel. He may apply for bail and investigation must be terminated within 15 days from inception. After filing of C/I, accused may, within 5 days from time he learns, ask for PI with same rights.

Sec. 7. Taking Custody of a Juvenile Without a Warrant. A peace officer or a private person taking into custody a juvenile in conflict with the law without a warrant shall likewise follow the provisions of Sections 5, 8 and 9 of Rule 113 of the Revised Rules of Criminal Procedure and shall forthwith deliver him to the nearest

police station. The juvenile shall be proceeded against in accordance with Section 7 of Rule 112

John Doe Warrants

People vs Veloso John Doe warrants shall be void unless it contains sufficient description of the person, his personal appearance and peculiarities, occupation, place of residence, and other circumstances by which he can be identified. The description must be sufficient for the officer to identify the person. People vs. Mendez and People vs Marti comparison Both involved the participation of private citizens In Marti, right against unreasonable searches and seizures may not be invoked against private persons. However, illegal arrests may be imputed against private persons. This is because a Citizens Arrest makes a person answer for an offense while a search made by a private person was in pursuit of a legal duty and will not make accused answer for an offense.