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LEGACY COLLEGE OF COMPOSTELA Dagohoy Street, Poblacion, Compostela, Davao de Oro College of Criminal Justice Education COURSE OUTLINE IN CRIMINAL PROCEDURE...

LEGACY COLLEGE OF COMPOSTELA Dagohoy Street, Poblacion, Compostela, Davao de Oro College of Criminal Justice Education COURSE OUTLINE IN CRIMINAL PROCEDURE AND COURT TESTIMONY (CLJ 6) (under Atty. Revelen R. Solis-Cuyos) A. CLASSROOM RULES 1. Attendance will checked at the beginning of every meeting. 2. Recitation will be conducted once in a while, announced or unannounced. Students are therefore expected to come to class prepared. 3. Classes are conducted online via Google Meet. However, students shall be required to turn on their cameras for the whole duration of the class. B. BASES FOR STUDENT EVALUATION AT THE END OF THE SEMESTER: Recitation/Quizzes/Attendance: 10% Prelim Exam: 15% Midterm Exam:25% Pre-Final Exam: 25% Final Exam/Portfolio: 25% PRELIMS CHAPTER 1: ARREST, SEARCHES AND SEIZURES CHAPTER 2: PROSECUTION OF CRIMINAL OFFENSES MIDTERMS CHAPTER 3: COURT PROCEEDINGS PRE-FINALS CHAPTER 4: COURT TESTIMONY FINALS SUBMISSION OF PORTFOLIO  CHAPTER 1 (Lesson 1): ARREST, SEARCHES AND SEIZURES Legal Basis RULE 113 ARREST Section 1. Definition of arrest. — Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of an offense. (1) Section 2. Arrest; how made. — An arrest 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 subject to a greater restraint than is necessary for his detention. (2a) Section 3. Duty of arresting officer. — It shall be the duty of the officer executing the warrant to arrest the accused and to deliver him to the nearest police station or jail without unnecessary delay. (3a) Section 4. Execution of warrant. — The head of the office to whom the warrant of arrest was delivered for execution shall cause the warrant to be executed within ten (10) days from its receipt. Within ten (10) days after the expiration of the period, the officer to whom it was assigned for execution shall make a report to the judge who issued the warrant. In case of his failure to execute the warrant, he shall state the reasons therefor. (4a) Section 5. Arrest without warrant; when lawful. — A peace officer or a private person may, without a warrant, arrest a person: (a) When, in his presence, the 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 he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it; and (c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another. In cases falling under paragraph (a) and (b) above, the person arrested without a warrant shall be forthwith delivered to the nearest police station or jail and shall be proceeded against in accordance with section 7 of Rule 112. (5a) Section 6. Time of making arrest. — An arrest may be made on any day and at any time of the day or night. (6) Section 7. Method of arrest by officer by virtue of warrant. — When making an arrest by virtue of a warrant, the officer shall inform the person to be arrested of the cause of the arrest and of the fact that a warrant has been issued for his arrest, except when he flees or forcibly resists before the officer has opportunity to so inform him, or when the giving of such information will imperil the arrest. The officer need not have the warrant in his possession at the time of the arrest but after the arrest, if the person arrested so requires, the warrant shall be shown to him as soon as practicable. (7a) Section 8. Method of arrest by officer without warrant. — When making an arrest without a warrant, the officer shall inform the person to be arrested of his authority and the cause of the arrest, unless the latter is either engaged in the commission of an offense, is pursued immediately after its commission, has escaped, flees or forcibly resists before the officer has opportunity so to inform him, or when the giving of such information will imperil the arrest. (8a) Section 9. Method of arrest by private person. — When making an arrest, a private person shall inform the person to be arrested of the intention to arrest him and cause of the arrest, unless the latter is either engaged in the commission of an offense, is pursued immediately after its commission, or has escaped, flees, or forcibly resists before the person making the arrest has opportunity to so inform him, or when the giving of such information will imperil the arrest. (9a) Section 10. Officer may summon assistance. — An officer making a lawful arrest may orally summon as many persons as he deems necessary to assist him in effecting the arrest. Every person so summoned by an officer shall assist him in effecting the arrest when he can render such assistance without detriment to himself. (10a) Section 11. Right of officer to break into building or enclosure. — An officer, in order to make an arrest either by virtue of a warrant, or without a warrant as provided in section 5, may break into any building or enclosure where the person to be arrested is or is reasonably believed to be, if he is refused admittance thereto, after announcing his authority and purpose. (11a) Section 12. Right to break out from building or enclosure. — Whenever an officer has entered the building or enclosure in accordance with the preceding section, he may break out therefrom when necessary to liberate himself. (12a) Section 13. Arrest after escape or rescue. — If a person lawfully arrested escapes or is rescued, any person may immediately pursue or retake him without a warrant at any time and in any place within the Philippines. (13) Section 14. Right of attorney or relative to visit person arrested. — Any member of the Philippine Bar shall, at the request of the person arrested or of another acting in his behalf, have the right to visit and confer privately with such person in the jail or any other place of custody at any hour of the day or night. Subject to reasonable regulations, a relative of the person arrested can also exercise the same right. (14a)  RULE 112 ISSUANCE OF AN ARREST WARRANT UPON FILING OF THE COMPLAINT OR INFORMATION IN COURT Section 6. When warrant of arrest may issue. — (a) By the Regional Trial Court. — Within ten (10) days from the filing of the complaint or information, the judge shall personally evaluate the resolution of the prosecutor and its supporting evidence. He may immediately dismiss the case if the evidence on record clearly fails to establish probable cause. If he finds probable cause, he shall issue a warrant of arrest, or a commitment order if the accused has already been arrested pursuant to a warrant issued by the judge who conducted the preliminary investigation or when the complaint or information was filed pursuant to section 7 of this Rule. In case of doubt on the existence of probable cause, the judge may order the prosecutor to present additional evidence within five (5) days from notice and the issue must be resolved by the court within thirty (30) days from the filing of the complaint of information. (b) By the Municipal Trial Court. — When required pursuant to the second paragraph of section 1 of this Rule, the preliminary investigation of cases falling under the original jurisdiction of the Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, or Municipal Circuit Trial Court may be conducted by either the judge or the prosecutor. When conducted by the prosecutor, the procedure for the issuance of a warrant or arrest by the judge shall be governed by paragraph (a) of this section. When the investigation is conducted by the judge himself, he shall follow the procedure provided in section 3 of this Rule. If the findings and recommendations are affirmed by the provincial or city prosecutor, or by the Ombudsman or his deputy, and the corresponding information is filed, he shall issue a warrant of arrest. However, without waiting for the conclusion of the investigation, the judge may issue a warrant of arrest if he finds after an examination in writing and under oath of the complainant and his witnesses in the form of searching question and answers, that a probable cause exists and that there is a necessity of placing the respondent under immediate custody in order not to frustrate the ends of justice. (c) When warrant of arrest not necessary. — A warrant of arrest shall not issue if the accused is already under detention pursuant to a warrant issued by the municipal trial court in accordance with paragraph (b) of this section, or if the complaint or information was filed pursuant to section 7 of this Rule or is for an offense penalized by fine only. The court shall then proceed in the exercise of its original jurisdiction. (6a) ARREST – the taking of a person in custody in order that he/she may be bound to answer for the commission of an offense. “taking” – actual restraint of a person’s freedom or movement. An oral or verbal announcement to arrest a person is not a strict requirement. However, in emergency situations, an arrester has the right to break into a builder after a reasonable announcement of his intent to arrest. -KNOCK AND ANNOUNCE RULE A person may still be placed under arrest if the arrestee voluntarily submits himself to the custody of the arresting officer. WHO CANNOT BE ARRESTED? 1. Members of Congress (Senate and House of Representatives) while they are in session and only for an offense punishable by not more than sic (6) years of imprisonment; 2. Diplomatic Agents Time of Arrest: anytime whether day or night, twenty-four hours a day, and seven days a week, even on holidays. Persons who can effect Arrest: Any person can perform an arrest – whether a law enforcement officer or non-officer. However, with respect to warrantless arrests in hot pursuit, only an officer of the law can perform such arrest. INSTANCES OF VALID WARRANTLESS ARREST: 1. IN FLAGRANTE DELICTO ARREST If the person has just committed, is committing or attempting to commit a crime, the offender will be arrested outright without need of an arrest warrant. Example: entrapment operation (buy-bust operation of dangerous drugs) 2. HOT PURSUIT ARREST It means that the arrester has probable cause that an offense has just been committed and has personal belief that the person to be arrested committed the crime. Unlike in in flagrante delicto arrest where the crime is happening or ongoing, the crime in hot pursuit cases has already happened but the arrest was made immediately thereafter. In both instances, the essential basis for the warrantless arrest is the arresting officer’s personal knowledge of the fact of the commission of an offense. Under Section 5 (a), the officer himself witnesses the commission of the crime; under Section 5 (b), the officer actually knows that a crime has just been committed. 3. ARREST OF ESCAPED PRISONERS (whether convicted or detention prisoners) Warrantless arrest of a person who is a prisoner who has escaped from a penal establishment or place where he/she is serving final judgment or is temporarily confined while his/her case is pending, or has escaped while being transferred from one confinement to another. GENERAL RULE: In both methods of arrest, WITH or WITHOUT A WARRANT, the law enforcement officer is required to inform (1) the arrestee of the officer’s intent to arrest; and the (2) cause of the arrest. If there is a warrant, show the arrestee the warrant; if it is a warrantless arrest, announce your authority to arrest, whether you are an officer or a private individual (in case of a citizen’s arrest). EXCEPTIONS: if such will jeopardize or imperil the arrest due to the following reasons: 1. Arrestee flees or forcibly resists before the officer has opportunity to inform him/her;  2. Arrestee is engaged in the commission of an offense or is pursued immediately after its commission; and 3. Arrestee forcibly resists before the arrester has the opportunity to so inform him or her. If the arrest is with a warrant, the arresting officer is not required to present the warrant upon arrest but thereafter, if the person arrested so requires, the warrant shall be shown to him as soon as practicable. CHAPTER 1 (LESSON 2): SEARCHES AND SEIZURES Section 2 of Article III of the 1987 Constitution: SECTION 2. 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, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge a=er examina>on under oath or affirma>on of the complainant and the witnesses he may produce, and par>cularly describing the place to be searched and the persons or things to be seized. A search warrant is: 1. A written order – verbal orders are not allowed. It must be in a proper form written in paper. 2. Issued under the name of the People of the Philippines – it is issued under the name of the People of the Philippines because the State is an interested party in the prosecution of offenses. 3. Signed by the judge 4. Directed to a peace officer 5. Commanding him (the peace officer) to search for personal property described in the search warrant and bring it before the court REQUIREMENTS FOR THE ISSUANCE OF A SEARCH WARRANT: 1. Probable cause 2. Probable cause must be personally determined by the judge 3. The judge must examine, in writing and under oath or affirmation, the complainant and the witnesses he/she may produce 4. The applicant and the witnesses testify on the facts personally known to them 5. The warrant specifically describes the place to be searched and the persons or things to be seized Quashing a Search Warrant To quash means to invalidate, annul, set aside, or to terminate a court order.  WARRANTLESS SEARCHES 1. Search incidental to a lawful arrest 2. Stop and frisk or Terry search 3. Consented warrantless search 4. Search of a moving vehicle 5. Plain view search or the plain view principle 6. Checkpoints including airport and seaport checkpoints 7. Enforcement of custom laws 8. Cybercrime warrants RULE 126 Section 1. Search warrant defined. — A search warrant is 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. (1) Section 2. Court where application for search warrant shall be filed. — An application for search warrant shall be filed with the following: a) Any court within whose territorial jurisdiction a 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 the commission of the crime is known, or any court within the judicial region where the warrant shall be enforced. However, if the criminal action has already been filed, the application shall only be made in the court where the criminal action is pending. (n) Section 3. Personal property to be seized. — A search warrant may be issued for the search and seizure of personal property: (a) Subject of the offense; (b) Stolen or embezzled and other proceeds, or fruits of the offense; or (c) Used or intended to be used as the means of committing an offense. (2a) Section 4. Requisites for issuing search warrant. — A search warrant shall not issue except upon probable cause in connection with one specific offense to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the things to be seized which may be anywhere in the Philippines. (3a) Section 5. Examination of complainant; record. — The judge must, before issuing the warrant, personally examine in the form of searching questions and answers, in writing and under oath, the complainant and the witnesses he may produce on facts personally known to them and attach to the record their sworn statements, together with the affidavits submitted. (4a) Section 6. Issuance and form of search warrant. — If the judge is satisfied of the existence of facts upon which the application is based or that there is probable cause to believe that they exist, he shall issue the warrant, which must be substantially in the form prescribed by these Rules. (5a) Section 7. Right to break door or window to effect search. — The officer, if refused admittance to the place of directed search after giving notice of his purpose and authority, may break open any outer or inner door or window of a house or any part of a house or anything therein to execute the warrant or liberate himself or any person lawfully aiding him when unlawfully detained therein. (6) Section 8. Search of house, room, or premise to be made in presence of two witnesses. — No search of a house, room, or any other premise shall be made except in the presence of the 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. (7a) Section 9. Time of making search. — The warrant must direct that it be served in the day time, unless the affidavit asserts that the property is on the person or in the place ordered to be searched, in which case a direction may be inserted that it be served at any time of the day or night. (8) Section 10. Validity of search warrant. — A search warrant shall be valid for ten (10) days from its date. Thereafter it shall be void. (9a) Section 11. Receipt for the property seized. — The officer seizing property under the warrant must give a detailed receipt for the same to the lawful occupant of the premises in whose presence the search and seizure were made, or in the absence of such occupant, must, in the presence of at least two witnesses of sufficient age and discretion residing in the same locality, leave a receipt in the place in which he found the seized property. (10a) Section 12. Delivery of property and inventory thereof to court; return and proceedings thereon. — (a) The officer must forthwith deliver the property seized to the judge who issued the warrant, together with a true inventory thereof duly verified under oath. (b) Ten (10) days after issuance of the search warrant, the issuing judge shall ascertain if the return has been made, and if none, shall summon the person to whom the warrant was issued and require him to explain why no return was made. If the return has been made, the judge shall ascertain whether section 11 of this Rule has been complained with and shall require that the property seized be delivered to him. The judge shall see to it that subsection (a) hereof has been complied with. (c) The return on the search warrant shall be filed and kept by the custodian of the log book on search warrants who shall enter therein the date of the return, the result, and other actions of the judge. A violation of this section shall constitute contempt of court.(11a) Section 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. (12a) Section 14. Motion to quash a search warrant or to suppress evidence; where to file. — A motion to quash a search warrant and/or to suppress evidence obtained thereby may be filed in and acted upon only by the court where the action has been instituted. If no criminal action has been instituted, the motion may be filed in and resolved by the court that issued the search warrant. However, if such court failed to resolve the motion and a criminal case is subsequent filed in another court, the motion shall be resolved by the latter court. (n)