5.1-Criminal-Procedure 2

Lesson 5.
1 Criminal Procedure
CRIMINAL
PROCEDURE
Lesson 5.1 Criminal Procedure
SCOPE OF THE LESSON

This lesson covers from Rule 110 to 127 of the
Revised Rules on Criminal Procedure of the
Supreme Court of the Philippines. It
encompasses procedural due processes on
initiation of criminal action until judgment and
remedies.
LESSON GOAL
This lesson aims to enhance the basic
knowledge of the students on the Rules of
Criminal Procedure as the main foundation of the
investigative processes from initiation of criminal
action, preliminary investigation, arrest, trial,
search and seizure, judgement, appeal and
procedural remedies.
LESSON OBJECTIVES
At the end of this lesson, students will be able
to:
 Define Arrest, Bail, Complaint,
Information, Judgement, Preliminary
Investigation, Search and Seizure;
 Differentiate between complaint and

information;
LESSON OBJECTIVES
 Explain the requirements of a criminal
complaint/information;
 Explain the concept of preliminary
investigation;
 Explain the theory of warrantless arrest;
 List the four (4) types of bail;
 Explain the rights of the accused;
LESSON OBJECTIVES
 Explain the importance of arraignment
and plea in criminal case;
 Identify important provisions/areas on pre-
trial and trial proper;
 Differentiate procedures in MTC, CA and
Supreme Court; and
 Explain the nature of search and seizure.
I. INTRODUCTION
Criminal procedure is set of rules purposely
to safeguard against the indiscriminate
application of criminal and special penal laws. It
is a procedural law which govern the process on
how a legal case flows, including steps to
process a case.
II. DEFINITION OF TERMS

Arrest - is the taking of a person into custody in
order that he may be bound to answer for the
commission of an offense.
Bail - is the security given for the release of a
person in custody of the law.
Complaint – is a sworn written statement
charging a person with an offense, subscribed by
the offended party, any peace officer, or other public
officer charged with the enforcement of the law
violated.

Information - is an accusation in writing
charging a person with an offense, subscribed by
the prosecutor and filed with the court.
Judgment - is the adjudication by the court
that the accused is guilty or not guilty of the
offense charged.
Jurisdiction – it is an authority to hear and
decide a case.

Preliminary Investigation - is 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.
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.
III. PROSECUTION OF OFFENSE

How can a criminal action be instituted?
 By filing the complaint with the proper officer
for the purpose of conducting the requisite
preliminary investigation.
 For all other offenses, by filing the complaint
or information directly with the MTC and
MCTC or the complaint with the office of the
prosecutor.
COMPLAINT OR INFORMATION
General Requirements:
 It 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 involved.
SPECIFIC REQUIREMENTS
Complaint Information
A sworn statement; Need not be sworn to;
Subscribed by the Subscribed to by the
offended party, any fiscal; and
peace officer or other
officer charged with the
enforcement of law; and
Filed either with the court Filed with the court
or in the fiscal’s office.
WHO MUST PROSECUTE?

All criminal actions shall be prosecuted by:
 Public prosecutor; and
 Private prosecutor;
In some crimes, it shall not be
prosecuted except upon a complaint filed by
the offended party, parents, guardian or the
State:
 Adultery and Concubinage;
 Seduction, Abduction and Acts of
Lasciviousness
SUFFICIENCY OF COMPLAINT OR INFORMATION

Complaint or Information shall state the
following:
 Name of the accused;
 Designation of the offense by a statute;
 Acts or omission complained of;
 Name of the offended party;
 Approximate time of the commission;
and
 Place where it was committed.
AMENDMENT OR SUBSTITUTION
Before the accused enters his plea, the
prosecutor may:
 Upgrade the offense;
 Allege qualifying and aggravating
circumstances; or
 Change the offense charged.
AMENDMENT OR SUBSTITUTION
Amendment Substitution
Either formal or Involves a substantial
substantial changes change
Without leave of court if Needs leave of court
before plea
No need for another PI Another PI is entailed
Refers to the same Requires or
offense charged or which presupposes that new
necessarily includes info involves a different
offense
IV. PROSECUTION OF
CIVIL ACTION
General Rule: The institution or filing of the
criminal action includes the institution of the civil
action from the offense charged.
Except in the following instances:
 the offended party waives the civil
action;
 he reserves his right to institute the civil
action separately; or
 he institutes the civil action prior to the
criminal action.
EFFECT OF DEATH OF THE

ACCUSED
After arraignment or during pendency of trial:
General Rule:
Death extinguishes the civil liability arising
from delict or the offense.
Except:
Where civil liability is predicated on other
sources of obligations such as law, contract,
quasi-contract and quasi-delict.
EFFECT OF DEATH OF THE

ACCUSED
Before arraignment:
The civil action impliedly instituted in the
criminal action shall be dismissed without
prejudice to the offended party’s filing a civil
action against the administrator of the estate of
the deceased.
V. PRELIMINARY INVESTIGATION
It is required to be conducted before the

filing of a complaint or information:
Where the penalty prescribed by law is at
least four (4) years, two (2) months and one (1)
day without regard to the fine.
Exception: In warrantless arrest
OFFICER AUTHORIZED TO
CONDUCT PI
The following are:
 Provincial or City Prosecutors and their
assistants;
 Judges of the Municipal Trial Courts and
Municipal Circuit Trial Courts;
 National and Regional State Prosecutors; and
 Other officers as may be authorized by law.
EFFECTS OF AN INCOMPLETE PI
These are the effects:

 It does not warrant the quashal of the
information; and
 It does not affect the court’s jurisdiction or the
validity of the information.
NON-JUDICIAL FUNCTION
OF A JUDGE
When a municipal judge conducts Preliminary
Investigation. It merely binds the suspect to stand trial. It
is not a pronouncement of guilt. But, he may issue
warrant of arrest before the conclusion of PI if:
 He finds that probable cause exists; and
 There is a necessity of placing respondent
under immediate custody.
VI. ARREST
Concept of arrest:
The application of actual physical restraint or
formal declaration of arrest is required. Arrest
includes submission to the custody of the person
making the arrest. The judge may issue WOA:
 Upon the filing of the information by the
prosecutor; and
 Upon application of a peace officer.
Note: valid until arrest is made or the warrant is
lifted.
WARRANTLESS ARREST
WHEN LAWFUL
In a citizen’s arrest, for dangerous weapons
or anything which may be used as proof of the
commission of an offense, without need of a
warrant of arrest.
What constitutes an arrest in flagrante
delicto?
When in his presence, the person to be
arrested has committed, is actually committing,
or is attempting to commit an offense.
WARRANTLESS ARREST
WHEN LAWFUL
When there is a hot pursuit?
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.
The word “just” implies immediacy in point of
time.
CUSTODIAL INVESTIGATION
It involves questioning initiated by law
enforcement officers after a person has been
taken into custody or deprived of freedom in any
significant way.
Embraced in custodial investigation:
 Invited for questioning; and
 Re-enactment
Not embraced in custodial investigation:
 Police line-up; and
 Ultraviolet ray examination
METHOD OF ARREST BY VIRTUE

OF A 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 the fact that a
warrant has been issued for his arrest.
 The officer need not have the warrant
in his possession at the time of the
arrest.
VII. BAIL
What is the purpose of a Bail?
 To honor the presumption of innocence until
his guilt is proven beyond reasonable doubt.

 To enable him to prepare his defense without

being subject to punishment prior to
conviction.
BAIL AS A MATTER OF RIGHT

When a bail is a matter of right:
 Before or after conviction by the MTC;
 Before conviction, for all offenses punishable

by lower than reclusion perpetua; and
 Prosecution does not have the right to

oppose or to present evidence for its denial.
BAIL AS A MATTER OF
EXCEPTION
When a bail is a matter of discretion:

 Before conviction, in offenses punishable
by death, reclusion perpetua or life
imprisonment;
 After conviction by the RTC of a non-
capital offense; and
 Prosecution is entitled to present evidence
for its denial.
BURDEN OF PROOF IN BAIL

APPLICATION
“Evidence of guilt” in the Constitution and

the Rules refers to a finding of innocence or
culpability, regardless of the modifying
circumstances.
The prosecution has the burden of showing
that evidence of guilt is strong during the bail
hearing.
DIFFERENT TYPES OF BAIL

Surety bond - a bond posted by a surety
company to the court for the temporary release of the
accused.
Property bond - it is an undertaking constituted
as lien on the real property given as security.
Deposit of cash as bail - it is a cash deposited
for the provisional release of the accused.
Recognizance - release of the accused on
recognizance of a responsible citizen acceptable to
the court.
FORFEITURE OF BAIL
Only in instances where the presence of the
accused is specifically required by the court or
the Rules of Court and, despite due notice to the
bondsmen to produce him before the court on a
given date, the accused fails to appear in
person as so required.
HOLD-DEPARTURE ORDER
The Supreme Court limits the authority to
issue hold departure orders to the RTCs within
their exclusive jurisdiction. Consequently, MTC
judges have no authority to issue hold-departure
orders, neither does he have authority to cancel
one which he issued.
NO BAIL AFTER FINAL JUDGMENT

General Rule:
No bail shall be allowed after the judgment
has become final, as what is left is for him to
serve the sentence.
Exception:
When he has applied for probation before
commencing to serve sentence, the penalty and
the offense being within the purview of the
Probation Law.
VIII. RIGHTS OF ACCUSED

These are the rights of the accused:
 To be presumed innocent until the contrary is
proved beyond reasonable doubt.
 To be informed of the nature and cause of the
accusation against him.
 To be present and defend in person and by
counsel at every stage of the proceedings.
 To testify as a witness in his own.
VIII. RIGHTS OF ACCUSED

Continuation:
 To be exempt from being compelled to be a
witness against himself.
 To confront and cross-examine the witnesses.
against him at the trial.
 To have compulsory process issued to secure
the attendance of witnesses.
 To have speedy, impartial and public trial.
 To appeal in all cases as prescribed by law.
VALID WAIVER OF RIGHTS
Requisites:
 Existence of right;
 Knowledge of existence thereof;
 Intention to relinquish such right, which must
be shown clearly and convincingly; and
 Where the law or the Constitution so provides,
the waiver must be with the assistance of
counsel, to be valid.
IX. ARRAINMENT AND PLEA

Arraignment defined:
It is the stage where the issues are joined in
criminal action and without which the
proceedings cannot advance further or, if held,
will otherwise be void.
No trial in absentia can be validly held without
first arraigning the accused and he cannot be
arraigned without his personal appearance in
court.
PRESENCE OF OFFENDED PARTY

REQUIRED
The presence of the offended party is now

required at the arraignment and also to discuss
the matter of accused’s civil liability. In case the
offended party fails to appear despite due notice,
the trial court may allow the accused to plead
guilty to a lower offense with solely the
conformity of the trial prosecutor.
ARRAIGNMENT SHALL BE MADE
As a rule, the arraignment shall be held within

30 days from the date the court acquires
jurisdiction over the person of the accused.
Exception, a shorter period provided by
special law or by SC Circular:
 RA 7610 Child Abuse Act;
 RA 4908 Offended party about to depart;
 RA 9165 Dangerous Drugs Law; and
 SC AO 104-96 Heinous Crimes
PLEA OF GUILTY TO A
LESSER OFFENSE
The new rule provides that the accused may

be allowed by the trial court to plead guilty to a
lesser offense which is necessarily included in
the offense charged.
But, the consent of the offended party in
allowing the accused to plead guilty to a lesser
offense is necessary.
CHANGE OF PLEA
After the prosecution has rested its case, a

change of plea to a lesser offense may be
granted by the judge, with the approval of the
prosecutor and the offended party and only when
the prosecution does not have sufficient evidence
to establish the guilt of the crime charged.
PLEA OF GUILTY TO A CAPITAL

OFFENSE
An improvident plea means a plea without

proper information as to all the circumstances
affecting it.
Conviction in a capital offense cannot rest
alone on a plea of guilty, a free and intelligent
plea. It is mandatory for the trial court to require
the prosecution to present its evidence.
WHAT A PLEA OF GUILTY

INCLUDES
The plea of guilty covers both the crime as

well as its attendant circumstances alleged in the
complaint or information, qualifying and/or
aggravating the crime.
It removes the necessity of presenting further
evidence and deemed tried on its merits and
submitted for decision.
SUSPENSION OF ARRAIGNMENT
Grounds for suspension of arraignment:

 The accused appears to be suffering from an
unsound mental condition;
 There exists a prejudicial question; and
 A petition for review of the resolution of the
prosecutor is pending at either the
Department of Justice, or the Office of the
President.
X. MOTION TO QUASH
Quashal and Nolle Prosequi distinguished:
The quashal of complaint or information is
different from a nolle prosequi, although both
have one result, which is the dismissal of the
case. A nolle prosequi is initiated by the
prosecutor while a quashal of information is
upon motion to quash filed by the accused.
TIME TO MOVE TO QUASH

General Rule:
A motion to quash may be filed only by the
accused at any time before the accused enters
his plea.
Exception:
MTQ may still be filed after arraignment on the
ground that: the information charge no offense;
the offense or penalty has prescribed; or double
jeopardy.
INFORMATION DOES NOT

CONSTITUTE THE OFFENSE
The trial court should limit its inquiry to:

 The averments in the information, as
hypothetically admitted;
 Facts admitted by the prosecution; and
 Indubitable facts.
PRESCRIPTIVE PERIOD
Doctrine of Presidential Ad Hoc Fact-Finding

Committee on Behest Loans v. Desierto, 317
SCRA 272 (1999):
If the commission of the crime is known, the
prescriptive period shall commence to run on the
day it was committed, otherwise on the date of its
discovery.
REMEDY OF AGGRIEVED PARTY
While an order granting a motion to quash,

unlike a denial thereof, is appealable, as the
proper remedy, this rule does not preclude the
aggrieved party from filing a special civil action of
certiorari, as a substitute for the remedy of a lost
appeal if there is whimsical exercise of discretion
by a judge.
DOUBLE JEOPARDY WILL APPLY

Former conviction or acquittal; double
jeopardy:
When the complaint or information is
dismissed by a court of competent jurisdiction
after the prosecution has presented its evidence
even if the dismissal is in the mistaken ground of
lack of jurisdiction.
DOUBLE JEOPARDY WILL

NOT APPLY
Special Law and Revised Penal Code:
In case of conviction of a crime under a
special law, this will not constitute an offense
under the Revised Penal Code.
Reason: the former is malum prohibitum,
while the latter is malum in se.
ACCUSED MAY STILL FILE A

MOTION TO DISMISS
Based on the following grounds:
 The information charges no offense;
 The trial court has no jurisdiction over the
offense charged;
 The penalty or the offense has been
extinguished; and
 Double jeopardy has attached.
XI. PRE-TRIAL
These are considered in pre-trial conference:
 Plea bargaining;
 Stipulation of facts;
 Identification of evidence;
 Waiver of objections to admissibility of
evidence;
 Modification of order of trial; and
 Other matters which promote a fair and
speedy trial.
WHAT IS A PRE-TRIAL ORDER?

It is an order issued by the court reciting the
actions taken, the facts stipulated and the
evidence marked during the pre-trial conference.
Such order binds the parties and limits the trial to
those matters not disposed of. In case an order
contains mistakes, the accused shall move to
correct or modify it.
XII. TRIAL
The trial shall commence within 30 days from
receipt of pre-trial order. The trial shall be
continuous (day to day as far as practicable) and
the entire trial period shall not exceed 180 days
except as otherwise authorized by the Supreme
Court. It may be postponed for a reasonable
period of time and good cause.
TRIAL IN ABSENTIA
Requisites of Trial in Absentia:
 The accused has been arraigned;
 He has been notified of the trial; and
 His failure to appear is unjustified.
Note: the purpose of trial in absentia is to
speed up the disposition of criminal cases.
TIME COMPUTATION OF TRIAL

DOES NOT INCLUDE
A. Delay resulting from other proceedings concerning
the accused including but not limited to:
1. Delay resulting from physical or mental
examination;
2. Delay resulting from other criminal
proceedings against accused;
3. Delay resulting from extraordinary
remedies against interlocutory orders;

DOES NOT INCLUDE
4. Delay resulting from pre-trial proceedings
provided not exceeding 30 days;
5. Delay resulting from orders of inhibition or
proceedings for change of venue;
6. Delay resulting from the existence of a
prejudicial question; and
7. Delay attributable to any period not
exceeding 30 days and the accused is
under advisement.

DOES NOT INCLUDE
B. Delay resulting from absence or unavailability of an

essential witness;
C. Delay resulting from mental incompetence or
physical inability of the accused to stand trial;
D. If the information is dismissed upon motion of the
prosecution and thereafter a charge is filed;

DOES NOT INCLUDE
E. Reasonable period of delay when accused

is joined for trial with co-accused; and
F. Delay resulting from continuance granted by
the court motu propio.
SPEEDY TRIAL
The accused should be brought to trial within

30 days from the date the court acquires
jurisdiction over the person of the accused (Rule
116, Section 1g). If he is not brought to trial
within the period specified, he may quash the
information on the ground of denial of his right to
speedy trial.
ORDER OF TRIAL
The order of trial shall be as follows:
 Prosecution presents evidence to prove the
charge and the civil liability;
 The accused presents evidence to prove his
defense and damages, if any;
 The prosecution, then the defense, may
present rebuttal and sub-rebuttal evidence.
DUE PROCESS
It is a must in that:
 The accused is entitled to due process;
 Pervasive and prejudicial publicity may deprive

an accused of his right to a fair trial; and
 Judges must not only be impartial, but must
also appear impartial.
STATE WITNESS
Requisites to be a state witness:
 Two or more persons are jointly
charged with the commission of an
offense;
 The application for discharge is filed by
the prosecution before it rests its case;
 Absolute necessity for the testimony of
the accused;
STATE WITNESS
 There is no other direct evidence available
for the proper prosecution of the offense;
 Testimony of the accused can be
substantially corroborated in its material
points;
 Accused does not appear to be the most
guilty; and
 Accused has not been convicted of any
offense involving moral turpitude.
DEMURER TO EVIDENCE
It is an objection by one of the parties in an

action, to the effect that the evidence which his
adversary produced is insufficient in point of law,
whether true or not, to make out a case or
sustain the issue.
XIII. JUDGMENT
Adjudication by the court that the accused is

guilty or not guilty of the offense charged and the
imposition of the proper penalty and civil liability,
if any. It is a judicial act which settles the issues,
fixes the rights and liabilities of the parties, and
determines the proceeding.
JUDGMENT
Requisites:
 Written in official language;
 Personally and directly prepared by the
judge;
 Signed by him; and
 Contains clearly and distinctly a statement of
the facts and the law which it is based.
JUDGMENT
Contents of judgment:
 Legal qualification of the offense constituted
by the acts committed by the accused;
 Participation of the accused in the
commission of the offense;
 The penalty imposed upon the accused; and
 Civil liability or damages caused by the
wrongful act.
ACQUITTAL VS DISMISSAL
Acquittal is always based on the merits while
in dismissal, there is termination not on the
merits and no finding of guilt is made either
because the court is not a court of competent
jurisdiction, or the evidence does not show that
the offense was committed within the territorial
jurisdiction of the court, or the complaint or
information is not valid or sufficient in form and in
substance.
XIV. NEW TRIAL
Filing of New Trial or Reconsideration:

 Filed by the accused; and
 Before final judgment of conviction or during
appeal.
Grounds for New Trial:
 Errors of law or irregularities during trial; and
 Errors/irregularities are prejudicial.
NEW TRIAL
Newly discovered and material evidence:

 Evidence discovered after trial;
 Evidence could not have been discovered and
produced at the trial even with the exercise of
reasonable diligence; and
 Evidence is material and would probably
change the judgment if admitted.
NEW TRIAL
Effects of new trial or reconsideration:
 Original judgment shall be set aside;
 The case shall be tried de novo and a new
judgment be rendered accordingly;
 All proceedings and evidence shall be set
aside and taken anew; and
 Newly discovered evidence shall be taken
and considered together with in the record.
XV. APPEAL
Who may appeal?

Any party may appeal, unless accused will
be placed in double jeopardy.
How to Appeal to the RTC?
 File a Notice of Appeal with the court
which rendered the judgment.
 Serve a notice upon the adverse party.
APPEAL
To the CA:
When RTC exercised original jurisdiction:
 File a Notice of Appeal with the RTC.
 Serve a copy of the notice upon the
adverse party.
Note: When RTC exercised appellate
jurisdiction.
 Follow Rule 42 on Petition for
Review
APPEAL
Sandiganbayan:
When RTC exercised original jurisdiction:
 File a Notice of Appeal with the RTC.
 Serve a copy of the notice upon the
adverse party.
Note: When RTC exercised appellate
jurisdiction.
 Follow Rule 42 on Petition for
Review
APPEAL
Supreme Court:
Where RTC imposes reclusion perpetua or life
imprisonment:
a. File a Notice of Appeal with the RTC.
SC as provided by sec. 10 of Rule
122 for CA decisions
b. Serve a Notice upon the adverse party
WITHDRAWAL OF APPEAL
Appeal is taken within 15 days from

promulgation of the judgment.
However, the courts may allow the appellant
to withdraw his appeal before the record has
been forwarded by the clerk of court to the proper
appellate court, in which case the judgment shall
be final.
XVI. PROCEDURE IN THE MTC

General Rule:
The procedure in the RTC shall be applicable to the
procedure in Metropolitan Trial Courts, MTC, and MCTC.
Except: on cases under the Rule on Summary
Procedure:
 The penalty does not exceed 6 months imprisonment
or a fine of P1,000 or both;
 Directly filed in court without prior PI; or
 Case decided based on affidavits.
XVII. PROCEDURE IN THE CA
The Court of Appeals has no jurisdiction

without judgment of conviction. The CA shall give
precedence in the disposition of appeals of
accused who are under detention.
It shall hear and decide the appeal at the
earliest practicable time with due regard to the
rights of the parties.
POWER OF THE CA
The Court of Appeals may reverse, affirm, or

modify the judgment; increase or reduce the
penalty imposed; remand the case for new trial or
re-trial; or dismiss the case. It is discretionary on
its part whether or not to set a case for oral
argument.
XVIII. PROCEDURE IN THE SC

A case may reach the SC for final adjudication in the
following manner:
Automatic review:
 Cases where death penalty is imposed.
Ordinary appeal:
 Where penalty imposed is life imprisonment; &
 Where a lesser penalty is imposed but arising out of
the same occurrence that gave rise to the more
serious offense and the capital penalty is imposed.
REVIEW ON CERTIORARI
General Rule:
Judgments of RTCs may be appealed to the
SC only by petition for review on certiorari in
accordance with Rule 45 of the Rules of Court.
Exception:
Criminal cases where penalty imposed is life
imprisonment or reclusion perpetua.
XIX. SEARCH AND SEIZURE
Elements of a Search Warrant:

 An order in writing;
 Signed by a judge in the name of the People
of the Philippines;
 Commanding a peace officer to search for
personal property; and
 Bring it before the court.
SEARCH AND SEIZURE
Object of a search warrant:

To obtain the goods, and bring the person in
whose custody they are found, either to be
recognized as a witness or to be subject to such
further proceedings as the ends of justice may
require.
SEARCH VS. SEIZURE

Search
It is an examination of a man’s house, building
or other premises, or of his person.
Seizure
It is the physical taking of a thing into custody
and contemplates a forcible disposition of the
owner.
PROPERTY TO BE SEIZED
Kinds of personal property to be seized:

 Subject of the offense;
 Proceeds or fruits of the offense; and
 The means used or intended to be used for
committing an offense.
Note: Sec. 2, Article III of the Constitution is
the constitutional basis on Search and Seizure.
VALID SEARCH WARRANT
Probable cause
It presupposes the introduction of competent
proof that the party against whom it is sought has
performed particular acts or committed specific
omissions violating a given provision of our
criminal laws (Stonehill v. Diokno)
SERVICE OF WARRANT
Warrant must be served in the day time
The general rule prohibits search in the night.
Exception:
If affidavit asserts that the property is on the
person or in the place ordered to be searched –
here, warrant may be served anytime of the day
or night.
SERVICE OF WARRANT
A warrant is valid for ten days from its
date. After such time, it is VOID.
A search warrant cannot be used every day
for 10 days, and for a different purpose each day
– warrant used to seize one thing cannot be used
as authority to make another search.
WARRANT LESS SEARCH
Searches incidental to a lawful arrest:

 Search made without a warrant cannot be
justified as an incident of arrest unless the
arrest itself was lawful; and
 Search must be made at the place of the
arrest and contemporaneous with the arrest;
WARRANT LESS SEARCH

AND SEIZURE
Other cases where warrantless searches and
seizures are valid:
 Moving vehicles;
 Consented search without a warrant;
 Seizure of evidence in plain view;
 Enforcement of custom laws; and
 When search is based on probable cause
under extraordinary circumstances
XX. PROVISIONAL REMEDIES
Remedies under the Rules of Court:

 Attachment (Rule 57);
 Injunction (Rule 58);
 Receivership (Rule 59);
 Delivery of personal property or
Replevin(Rule 60); and
 Support Pendente Lite (Rule 61)
REMEDIES IN CRIMINAL CASES
Purpose of provisional remedies:

 Provisional remedies are applied pending
litigation, to secure the judgment or preserve
the status quo; and
 If provisional remedies are applied to after
judgment, it is in order to preserve or dispose
of the subject matter.
XXI. SUMMARY
The following lessons had been discussed to

the students:
 Introduction of the subject;
 Important definition of terms;
 When a criminal action be initiated;
 The civil aspect of the case;
 Conduct of preliminary investigation;
 The rule on arrest;
SUMMARY
 Concept of bail as security;

 Constitutional and statutory rights of an
accused ;
 Arraignment and plea, motion to quash;
 Pre-trial, trial, judgement, appeal; and
 Search and seizure and remedies.
END OF PRESENTATION

5.1-Criminal-Procedure 2

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Lesson 5.

SCOPE OF THE LESSON

 Differentiate between complaint and

II. DEFINITION OF TERMS

II. DEFINITION OF TERMS

II. DEFINITION OF TERMS

III. PROSECUTION OF OFFENSE

WHO MUST PROSECUTE?

SUFFICIENCY OF COMPLAINT OR INFORMATION

EFFECT OF DEATH OF THE

EFFECT OF DEATH OF THE

It is required to be conducted before the

These are the effects:

METHOD OF ARREST BY VIRTUE

When making an arrest by virtue of a

 To enable him to prepare his defense without

BAIL AS A MATTER OF RIGHT

 Before conviction, for all offenses punishable

 Prosecution does not have the right to

When a bail is a matter of discretion:

BURDEN OF PROOF IN BAIL

“Evidence of guilt” in the Constitution and

DIFFERENT TYPES OF BAIL

NO BAIL AFTER FINAL JUDGMENT

VIII. RIGHTS OF ACCUSED

VIII. RIGHTS OF ACCUSED

VALID WAIVER OF RIGHTS

IX. ARRAINMENT AND PLEA

PRESENCE OF OFFENDED PARTY

The presence of the offended party is now

ARRAIGNMENT SHALL BE MADE

As a rule, the arraignment shall be held within

The new rule provides that the accused may

After the prosecution has rested its case, a

PLEA OF GUILTY TO A CAPITAL

An improvident plea means a plea without

WHAT A PLEA OF GUILTY

The plea of guilty covers both the crime as

Grounds for suspension of arraignment:

TIME TO MOVE TO QUASH

INFORMATION DOES NOT

The trial court should limit its inquiry to:

Doctrine of Presidential Ad Hoc Fact-Finding

REMEDY OF AGGRIEVED PARTY

While an order granting a motion to quash,

DOUBLE JEOPARDY WILL APPLY

DOUBLE JEOPARDY WILL

ACCUSED MAY STILL FILE A

WHAT IS A PRE-TRIAL ORDER?

TIME COMPUTATION OF TRIAL

TIME COMPUTATION OF TRIAL

TIME COMPUTATION OF TRIAL

B. Delay resulting from absence or unavailability of an

TIME COMPUTATION OF TRIAL

E. Reasonable period of delay when accused

The accused should be brought to trial within

 Pervasive and prejudicial publicity may deprive

It is an objection by one of the parties in an

Adjudication by the court that the accused is