Module 6 - Crim Pro
Module 6 - Crim Pro
crime for
that he may be bound to answer for the commission of which he was prosecuted.
an offense (Section 1, Rule 113 of the Rules of Court). The determination of probable cause needs only to
rest on evidence showing that more likely than not, a
An arrest is made by an actual restraint of a
crime has been committed and there is enough
person to be arrested, or by his submission to
reason to believe that it was committed by the
the custody of the person making the arrest. accused. It need not be based on clear and
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No violence or unnecessary force shall be used in convincing evidence of guilt, neither on evidence
establishing absolute certainty of guilt
making an arrest. The person arrested shall not be
subject to a greater restraint than is necessary for his The determination of probable cause does not call for
detention (Section 2, Rule 113 of the Rules of Court). the application of rules and standards of proof that a
judgment of conviction requires after trial on the
It shall be the duty of the officer executing the warrant merits. As implied by the words themselves, "probable
to arrest the accused and deliver him to the nearest cause" is concerned with probability, not absolute or
police station or jail without unnecessary delay (Section even moral certainty. The prosecution need not
3, Rule 113 of the Rules of Court). present at this stage proof beyond reasonable doubt.
The standards of judgment are those of a reasonably
It should be done pursuant to a warrant of arrest. prudent man, not the exacting calibrations of a judge
after a full-blown trial.
The right of the people to be secure in their persons,
houses, papers and effects against unreasonable Section 4. Execution of warrant. — The head of the
searches and seizures of whatever nature and for any office to whom the warrant of arrest was delivered for
purpose shall be inviolable, and no search warrant or execution shall cause the warrant to be executed
warrant of arrest shall issue, except upon probable within ten (10) days from its receipt. Within ten (10)
cause to be determined personally by a judge, after days after the expiration of the period, the officer to
whom it was assigned for execution shall make a
examination under oath or affirmation of the report to the judge who issued the warrant. In case of
complainant and the witnesses he may produce, his failure to execute the warrant, he shall state the
particularly describing the place to be searched, or the reasons therefor. (4a)
persons or things to be seized (Section 2, Article III,
1987 Philippine Constitution). Section 5. Arrest without warrant; when lawful. — A
peace officer or a private person may, without a
Any evidence obtained (thereby) shall be inadmissible warrant, arrest a person:
for any purpose in any proceeding (Second paragraph
of Section 3, Article III of the 1987 Philippine (a) When, in his presence, the person to be
arrested has committed, is actually
Constitution).
committing, or is attempting to commit an
Requisites for the Issuance of a Warrant of Arrest / offense;
SearchWarrant:
(b) When an offense has just been committed,
1. There must be probable cause and he has probable cause to believe based
on personal knowledge of facts or
2. Determination of probable cause by the judge
circumstances that the person to be arrested
3. Probable cause is determined after examination has committed it; and
under oath or affirmation of the complainant
and the witnesses he may produce. (c) When the person to be arrested is a
4. There must be particularity of the description of prisoner who has escaped from a penal
the place to be searched and the persons or establishment or place where he is serving
final judgment or is temporarily confined while
things to be seized.
his case is pending, or has escaped while
being transferred from one confinement to
Unilever v. Tan Probable cause has been defined as another.
the existence of such facts and circumstances as
would excite the belief in a reasonable mind, acting
on the facts within the knowledge of the prosecutor,
Section 6. Time of making arrest 3. File a petition for issuance of writ of amparo,
pursuant to A.M. No. 7-12-9-SC;
Section 7. Method of arrest by officer by virtue of
warrant. — When making an arrest by virtue of a 4. Motion to quash the information under Section 3 (c),
warrant, the officer shall inform the person to be Rule 117 of the Rules of Court
arrested of the cause of the arrest and of the fact that
a warrant has been issued for his arrest, 5. Refuse to enter a plea during arraignment (Section 1
[c], Rule 116 of the Rules of Court).
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,
Section 10. Officer may summon assistance. (2) WOT whether or not the constitutional rights of
Beltran were violated when respondent RTC judge
Section 11. Right of officer to break into building or issued a warrant for his arrest without personally
enclosure examining the complainant and the witnesses,
Section 12. Right to break out from building or (3) WON the President of the Philippines, under the
enclosure. Constitution, may initiate criminal proceedings
Section 13. Arrest after escape or rescue March 30, 1988: SOJ denied motion for reconsideration
upholding the soj sustaining the city fiscal’s prima facie
Section 14. Right of attorney or relative to visit case
person arrested.
April 7, 1988 2nd filingof motion for reconsideration
EXCUSIONARY RULE Sec. 23, Rule 114. Arrest of
May 2, 1988. President through ES affirmed resolution
accused out on bail. – For the purpose of surrendering
of SOJ
the accused, the bondsmen may arrest him or, upon
written authority endorsed on a certified copy of the May 16, motion was denied
undertaking, cause him to be arrested by a police officer
or any other person of suitable age and discretion. (1) whether or not petitioners were denied due
process when informations for libel were filed
Sec. 26, Rule 114. Bail not a bar to objections on illegal against them although the finding of the
arrest, lack of orirregular preliminary investigation.
existence of a prima facie case was still under
Provided that he raises them before entering his plea.
review by the Secretary of Justice and,
Remedies against an unlawful arrest: subsequently, by the President;
occupants of the place (herein private SEARCH ON THE CAR THAT WAS NOT PART OF THE
respondents) or any member of the family, said PLACEDESCRIBED IN THE WARRANT TO BE SEARCHED
occupants being handcuffed and immobilized in WAS ILLEGAL; To be valid, such warrantless search must
the living room at the time. The search was thus be limited to that point within the reach or control of
done in violation of the law. the person arrested, or that which may furnish him with
The articles seized were not brought to the the means of committing violence or of escaping. Honda
court within 48 hours as required by the Civic car bearing Plate No. WCP 157,
warrant itself; "(i)n fact the return was done
Oct 3, 1998. Timothy and sun tee have shabu in manila:
after 3 days or 77 hours from service, in
violation of Section 11, Rule 126 of the Rules of 1 sealed plastic bag of 234.5 grams of shabu
Court." 4 sealed bags of crystalline substance 6.2 grams
motion to quash a search warrant and a motion 16 bags of substance 20.3673 grams worth 261
to suppress evidence are alternative and not gm
cumulative remedies. Improvised toother
the search warrant was applied for in, and
issued by, Branch 216 of the Regional Trial During arraignment, pleaded not guilty for the ff facts
Court at Quezon City, and the return was made 1. authencity of the ff docu
to said court. On the other hand, the criminal Letter of PSI Martin to conduct examine
action in connection with the explosives subject Cert issued by the chemist that its positive
of the warrant was =led in Branch 80 of the Dangerous drugs act report
Regional Trial Court of Bulacan. 2 existence of 1 plastic bags
3 chemist Loreto Bravo has no personal knowledge as to
the source
Pp. v. Tiu won chua / timothy tiu and Qui 4. wrong name
yaling y chua/sun tee sy y chua
Witness: spo1 de leon, po2 santilan, po3 amurao.
Dangerous drugs act of 1971, as amended by ra 7659. Drug related activities in HCl building in binondo and
surveyed in oct 2-5, 1998.
Valid warrant Oct 6, 10pm test buy operation worth 2K
Probable cause Oct 9. Makasiar issued search warrant
And be determined by the judge Oct 12 conducted operation w/ Noel Olarte blg coord
Must examine under oath or affirmation the and wife, Joji
witnesses
Warrant must describe the place 2 be searched Both denied bec the are engaged in jewelry business
and the persons or things to seized Timothy – RP w/ 500k sec 16 and 20 of ra 6425, am
7659
Mistake of name of the accused does not invalidate Sun – pris correc to pris mayor
the search warrant if the place to be search is properly
described. especially since in this case, the authorities PP v. Priscilla del Norte
had personal knowledge of the drug-related activities of
RTC of Caloocan, br 28 guilty of illegal poss of
the accused. In fact, a "John Doe" warrant satisfies the
drugs.. Sec. 8, Art. II, R.A. 6425,
requirements so long as it contains a description
6748 gm Marijuana confiscated in favor of govt Amelia Roque/Ka Nelia- PD 1866 at the time of
Priscilla transferred to correctional apprehension, in possession of ammunitions
without license to possess them.
August 1, 1997 search warrant to Ising Guttierez Diwa, Anti subversion act
No. 275 North Service Road corner Cruzada St., Bagong
Barrio, Caloocan City, hid 5 bundles of marijuana under Wilfredo buenaobra – anti subversion act
her bed. Because no means of livelihood.
the arrest of Domingo Anonuevo and Ramon CasipleThe
Umil v Ramos
June 27, 1988. Rogelio Ramos