RULES OF COURT

CRIMINAL JURISDICTION – power of the State to try and punish a person for a violation of
its penal laws.

It is essential that the court must have jurisdiction over the offense and jurisdiction over the
person of the accused.

REQUISITES FOR A VALID EXERCISE OF CRIMINAL JURISDICTION:

1. the offense is one which the court is by law authorized to take cognizance of
2. the offense must have been committed within its territorial jurisdiction
3. the person charged with the offense must have been brought to its presence for trial,
forcibly by warrant of arrest or upon his voluntary submission to the court.

RULE 110 - PROSECUTION OF OFFENSES

Section 1. Institution of criminal actions.

For offenses where a preliminary investigation is required - by filing the complaint with
the proper officer for the purpose of conducting the requisite preliminary investigation.

PERSONS WHO CAN FILE A COMPLAINT:

1. Offended party
2. Any peace officer
3. Other public officer charged with the enforcement of the law violated
ex. Internal Revenue Officer for violation of the NIRC, custom agents with respect to
violations of the Tariff and Customs Code

INFORMATION DEFINED.

An Information is:
1. an accusation in writing;
2. charging a person with an offense;
3. subscribed by the prosecutor and filed with the court.

COMPLAINT

Subscribed by the offended party, any peace officer or other officer charged with the enforcement of
the law violated

it may be filed either in court or in the prosecutor’s office

CAUSE OF THE ACCUSATION

 PURPOSE:

 to enable a person of common understanding to know what offense is intended

to be charged;

 to enable the court to pronounce proper judgment

PRELIMINARY INVESTIGATION
  is an inquiry or proceeding to determine whether there exists sufficient ground to
engender a well-founded belief that a crime has been committed and that the
respondent is probably guilty thereof, and should be held for trial

 it is required to be conducted before the filing of a complaint or information for an

offense where the penalty prescribed by law is at least 4 years, 2 months and 1 day
without regard to the fine.

HOWEVER, the accused can ask for Preliminary Investigation:

 if a person is arrested, he can ask for preliminary investigation BEFORE the filing of
the complaint/information BUT he must sign a waiver in accordance with Article 125,
RPC.

 AFTER the filing of the information/complaint, the accused may, within 5 days from
the time he learns of its filing ask for preliminary investigation.

REMEDIES OF THE ACCUSED IF THERE WAS NO PRELIMINARY INVESTIGATION:

 Refuse to enter a plea upon arraignment and object to further proceedings upon such
ground
 Insist on a preliminary investigation
 File a certiorari, if refused
 Raise lack of preliminary investigation as error on appeal
 File for prohibition

PROBABLE CAUSE - presupposes a reasonable ground for belief in the existence of facts
warranting the proceedings complained of; an apparent state of facts found to exist upon
reasonable inquiry which would induce a reasonably intelligent and prudent man to
believe that the accused person had committed the crime charged.

ARREST - the taking of a person into custody in order that he may be bound to answer for
the commission of an offense

Modes of Arrest

 arrest by virtue of a warrant;

 arrest without a warrant under statutorily provided exceptional circumstances

ESSENTIAL REQUISITES OF A VALID WARRANT OF ARREST:

 It must be issued upon probable cause which must be determined personally by a

judge after examination under oath or affirmation of the complainant and the
witnesses he may produce

 The warrant must particularly describe the person to be seized

LAWFUL WARRANTLESS ARREST:

 When, IN HIS PRESENCE, the person to be arrested has committed, is actually

committing, or is attempting to commit an offense;
  When an offense has in fact just been committed, and he has probable cause to
believe based on PERSONAL KNOWLEDGE of fact and circumstance that the
person to be arrested has committed it; (Doctrine of Hot Pursuit) and
 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 temporarily confined
while his case is pending, or has escaped while being transferred from one
confinement to another.

BAIL - the security given for the release of a person in custody of the law, furnished by him
or a bondsman, conditioned upon his appearance before any court as required under the
conditions specified by the rule.

BAIL – DISCRETIONARY

 Regardless of stage of the criminal prosecution, no bail shall be allowed if the

accused is charged with a capital offense or an offense punishable by reclusion
perpetua and the evidence of guilt is strong;

RIGHTS OF THE ACCUSED

 To be presumed innocent
 To be informed of the nature and the cause of the accusation against him.
 To be present and defend in person and by counsel at every stage of the proceeding
 Right to counsel
 To testify as witness in his own behalf
 Right against self-incrimination
 Right to confront and cross examine the witnesses against him at trial
 Right to speedy, impartial and public trial.

ARRAIGNMENT - the formal mode of implementing the constitutional right of the accused
to be informed of the nature of the accusation against him.

PLEA OF GUILTY

 an unconditional admission of guilt, freely, voluntarily and made with full knowledge of
the consequences and meaning of his act and with a clear understanding of the
precise nature of the crime charged in the complaint or information;
 The accused may withdraw his plea of guilt IF it is IMPROVIDENT at any time
BEFORE the judgment of conviction becomes final;

MOTION TO QUASH

 is a hypothetical admission of the facts alleged in the information, hence the court in
resolving the motion cannot consider facts contrary to those alleged in the information
or which do not appear on the face of the information, except those admitted by the
prosecution.

 GENERAL RULE: The accused may move to quash the complaint or information at
any time BEFORE entering his plea.

PRE-TRIAL
MATTERS CONSIDERED IN PRE-TRIAL CONFERENCE:

 plea bargaining;
▪ stipulation of facts;
▪ marking for identification of evidence of the parties;
▪ waiver of objections to admissibility of evidence;
▪ modification of the order of trial if the accused admits the charge but interposes a
lawful defense; and such matters as will promote a fair and expeditious trial of the
criminal and civil aspects of the case.

PLEA BARGAINING

The process whereby the accused, the offended party and the prosecution work out a mutually
satisfactory disposition of the case subject to court approval. It usually involves the defendant’s
pleading guilty to a lesser offense or to only one or some of the counts of a multi-count indictment in
return for a lighter sentence than that for the graver charge

TRIAL

The examination before a competent tribunal according to the laws of the land, of the facts
put in issue in a case for the purpose of determining such issue

JUDGMENT

The 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 provided for by the law.

APPEAL

a proceeding for review by which the whole case is transferred to the higher court for a final
determination

SEARCH WARRANT

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.

NATURE OF SEARCH WARRANTS

Search warrants are in the nature of criminal process and may be invoked only in
furtherance of public prosecutions. Search warrants have no relation to civil process or trials
and are not available to individuals in the course of civil proceedings, nor for the
maintenance of any mere private right

SEARCH vs. SEIZURE

The term search as applied to searches and seizures is an examination of a man’s house or
other buildings or premises or of his person with a view to the discovery of contraband or
illicit or stolen property or some evidence of guilt to be used in the prosecution of a criminal
action for some offense with which he is charged

A seizure is the physical taking of a thing into custody

GENERAL WARRANT

a search warrant which vaguely describes and DOES NOT particularize the personal
properties to be seized without a definite guideline to the searching team as to what items
might be lawfully seized, thus giving the officers of the law discretion regarding what articles
they should seize;

WARRANT OF ARREST

 Order directed to the peace officer to execute the warrant by taking the person stated
therein into custody that he may be bound to answer for the commission of the
offense.
 does not become stale
 may be served on any day and at any time of day or night.

SEARCH WITHOUT WARRANT:

1. in times of war within the area of military operation;

2. as an incident of a lawful arrest, subject to the following requisites:
a. arrest must be lawful;
b. search and seizure must be contemporaneous with arrest;
c. search must be within permissible area;
(i.e. ”STOP AND FRISK” search which allows a limited protective search of outer
clothing for weapons)
3. When there are prohibited articles open to eye and hand; (PLAINVIEWDOCTRINE)
4. When there is consent, subject to the following conditions:
a. there is a right;
b. there must be knowledge of the existence of such right;
c. there must be intention to waive;
5. When it is incident of inspection;
6. under the Tariff and Customs Code for purposes of enforcing customs and tariff laws;
7. Searches and seizures of vessels and aircraft; this extends to the warrantless search of
a motor vehicle for contraband;

PROCEDURE AND TECHNIQUES

INDENTIFICATION, PRESERVATION & HANDLING

TEAM LEADER

1. Assume control - insure safety of person and security at scene

2. Conduct initial walk through for purposes of making a preliminary survey, evaluating
potential evidence and preparing a narrative description
3. Determine search patterns and make appropriate assignments for team members
4 .Designate command post location and insure exchange of information between search
and investigation personnel
5. Coordinate with other law enforcement agencies and make sure a cooperative spirit is
maintained
6. Insure that sufficient supplies and equipment are available for personnel
7. Control access to the scene and designate an individual to log everyone into the scene
8. Continuously reevaluate efficiency of search during entire course of operation
9. Release the scene after a final survey and inventory of the
PHOTOGRAPHER and PHOTOGRAPHIC LOG
CORDER
1 .Photograph entire area before it is entered
2 .Photograph victims’ crowd and vehicles
3 .Photograph entire scene with overall medium and close-up coverage, using measurement
scale when appropriate
4. Photograph major evidence items before they are moved. Coordinate this effort with
Sketch Custodian and Evidence Recorder / Recovery Personnel
5. Photograph all latent fingerprints, and other impression evidence, before lifting and
6. Casting is accomplished
7. Photograph blueprints, maps and previous photographs of scene as required
8. Prepare photographic log and photographic sketch

SKETCH PREPARER
 I .Diagram immediate area of scene and orient sketch with north;
 2 .Set forth on sketch major items of evidence and coordinate evidence nomenclature
with Evidence Recovery Personnel;
 3.Indicate adjacent buildings, rooms, furniture and so forth as needed;
 4.Designate and label areas to be searched and advise team leader and all other
search members of nomenclature for
 designated areas
 5.Obtain appropriate assistance for taking measurements and, list assistant{s] on
sketch
 6.lnsure necessary administrative information such as Scale disclaimer (not drawn to
scale) is recorded on sketch

EVIDENCE RECORDER CUSTODIAN

 1. Prepare evidence recovery log
 2. Coordinate evidence packaging and reservation
 3 Coordinate evidence nomenclature with Sketch Preparer and Evidence
Recovery Personnel
 4 Receive and record all evidence
 5. Maintain custody and control of evidence
 6. Maintain chain of custody
 7. Coordinate transmittal of evidence to case investigator or to crime laboratory per
agency guideline

EVIDENCE RECOVERY PERSONNEL

 1.Have significant evidence photographed before it is collected
 2.Keep team leader appraised o significant evidence located
 3.Initial and date all evidence and turn it over to the evidence recorder/custodian,
after noting where the item was located
 4.Coordinate evidence nomenclature with Evidence Recorder/Custodian and Sketch
Preparer
 5.Insure that appropriate safety measures are adhered to, especially with respect to
proper clothing including gloves

SPECIALISTS
It is sometimes necessary to bring expertise from outside an agency. The held of forensic
science is so broad today no agency will have very form of specialty service available from
among its ranks. Typically, specialists are brought in from industry, the academic
community, private scientific laboratories and similar concerns.
When dealing with outside specialists some pertinent aspects to consider are:
 The Competence and reliability of the specialist;
 The ability of the specialist to work within law enforcement guidelines at a scene;
 The role of the specialist in presenting expert testimony in court
Specialists should be identified before they are needed in an actual case. A current
list should be maintained if possible.

SPECIALISTS
The agency should meet with these individuals to determine the best manner to jointly
conduct search planning, operations and follow-up activity.

Examples of specialty assistance to be considered (not meant to be completely

inclusiue):
 Medical Examiner/ Coroner
 Odontologist
 Anthropologist
 Entomologist
 Blood Pattern, Analyst
 Geologist
 Surveyor
 Engineer
 Bomb Technician
 Crime Laboratory Examiners

ORGANIZATION & BASIC STAGES IN A SEARCH OPERATION

 1. Preparation
 2 Approach Scene
 3. Secure and protect scene
 4. Initiate preliminary survey
 5. Evaluate physical evidence possibilities
 6 Prepare narrative description
 7. Depict scene photographically
 8. Prepare diagram/sketch of scene
 9. Conduct detailed search Record and collect physical evidence
 IO. Conduct final survey
 II. Release crime scene

PREPARATION
 Accumulate packaging and collection materials necessary for typical search
circumstances;
 Prepare the preliminary format for the paperwork needed to document the conducting
of the search;
 Insure that all specialists are aware of the overall forms of evidence usually
encountered, as well as the proper handling of these materials;
 Evaluate the current legal ramifications of crime scene searches (e.g. Obtaining of
search warrants)
PREPARATION
 Discuss upcoming search with involved personnel before arrival at scene, if possible;
 Select, when feasible, person-in-charge prior to arrival at scene;
 Make preliminary personnel assignments before arrival at scene, if practicable;
  Consider the safety and comfort of search personnel - do not be caught unprepared
when encountering a potentially dangerous scene or inclement weather.

APPROACH SCENE
 Be alert for discarded evidence
 Make pertinent notes
 Establish frame-on-min to take control of scene regardless of circumstances
observed on arrival
 Consider personal safety

SECURE AND PROTECT SCENE

 Take control aggressively on arrival
 Determine extent to which scene has thus far been protected
 Check for adequate scene even if advised that it has been protected prior to arrival
 Obtain information from logical personnel who have entered scene and have
knowledge relative to its original condition
 identify one individual who is designated as the person in-charge for final decision
making and problem resolution
 Take extensive notes – do not rely on memory
 Keep out unauthorized personnel – begin recording who enters and leaves

INITIATE INITIAL SURVEY

 The survey is an organizational s},.age to plan for the entire search
 A cautious walk-through of the scene is accomplished
 Person-in-charge maintains definite administrative and emotional control
 Select appropriate narrative description technique
 Acquire preliminary photographs
 Delineate extent of the search area - usually expand initial perimeter
 Organize methods and procedures needed - recognize special problem areas

INITIATE INITIAL SURVEY

 Determine personnel and equipment needs - make specific assignments
 Identify and protect transient physical evidence
 Develop a general theory of the crime
 Make extensive notes to document scene physical and environmental conditions.
Assignments, movement of personnel, etc.
 On vehicles get VIN number. license number, position of key, odometer reading

Evaluate Physical Evidence Possibilities

-This evaluation begins upon arrival at scene and becomes detailed i preliminary survey
stage
-Based on preliminary survey, establish evidence types most likely to be encountered
-Insure collection and packaging equipment is
-sufficient for task at hand - a given scene may require special techniques not normally used

Evaluate Physical Evidence Possibilities

 Concentrate on the most transient evidence and work to the least transient forms of this
material;
  Insure all personnel consider the great variety of possible evidence, not only evidence within
the scope of their respective specialties;

 Focus first on the easily accessible areas in open view and progress eventually to possible
out-of-view locations - look for purposely hidden items;

 Consider whether the evidence appears to have been moved inadvertently;

 Evaluate whether or not ht scene and evidence appears intentionally "contrived"

Prepare Narrative Description

 The narrative is a running, general terms description of the condition of the crime sene

 Represent scene in a "general to specific" reference scheme

 Photographs supplement narrative description at this point

 Use systematic approach in recording narrative - no item is too insignificant to record if it

catches one's attention

 Do not permit narrative effort to degenerate into a sporadic and unorganized attempt to
recover physical evidence - it is recommended that evidence not be collected at this point,
under most circumstances

 Methods of narrative - written, audio, video (sight/ sound or sight only)

Depict Scene Photographically

 Begin photography as soon as possible - plan before photographing;
 Document the photographic effort with a photographic log;
 Insure that a progression of overall, medium and close-up view of the scene is established;
 Use recognized scale device for size Determination when applicable;
 When a scale device is used first take a photograph without the inclusion of this device;
 Photograph evidence in place before its collection and packaging

Depict Scene Photographically

 Be observant of and photograph areas adjacent to the crime scene - points of entry, exits, windows,
attics, etc;.
 Consider feasibility of aerial photography;
 Photograph items. places, etc. to collaborate the statements of witnesses, victims, suspects;
 Take photographs from eye-level, when feasible, to represent seen as would be observed by normal
view;
 Film is relatively cheap compared to the rewards obtained - do not hesitate to photograph something
which has no apparent significant at that time - it may later prove to be a key element in the
investigation;
 Prior to lifting latent fingerprints, photographs should be taken 1:1, or using appropriate scale
Acquire prior photographs blueprints, maps of scene area

PREPARE DIAGRAM/SKETCH OF SCENE

 The diagram establishes permanent record of items, conditions and distances/size
relationships - diagrams supplement photographs
 Rough sketch is drawn at scene - normally not drawn to scale
 Typical material on rough sketch:
 specific location, date, time
  case identifier ,preparer/assistants, weather conditions, lighting conditions
 scale or scale disclaimer compass orientation evidence
 Measurements, key or legend

PREPARE DIAGRAM/SKETCH OF SCENE

 Number designations on sketch can be coordinated with same number designations
on evidence log in many instances
 This sketch should contain sufficient measurements and detail
 to be used as a model for drawn-to-scale diagram, if necessary
 Be sure to select sketch technique before beginning sketch - insure that enough
 room is allowed to include all pertinent information and measurements

GENERAL PROGRESSION AT SKETCHES

 lay our basic perimeter
 set forth fixed obi furniture, etc.
 insert evidence as recovered
 record appropriate measurements
 Set forth key/legend compass orientation etc.

Conduct Detailed Search/Record and Collect Physical Evidence

 Accomplish search based on previous evaluation of evidence possibilities
 Conduct search in a general manner and work to the
 specifics regarding evidence items
 Use of specialized search patterns (e.g., grid, strip/lane, spiral) is recommended
when possible
 Photograph all items before collection and enter notations in photographic log
(remember - use scale when necessary)
 Mark evidence locations on diagrams/sketch
 Complete evidence log with appropriate notations for each item of evidence

Have at least two persons:

 see evidence in place before collection
 observed it being recovered
 mark evidence (mark item itself whenever feasible)
 place identifying marks on evidence containers
 If feasible, have one person as an evidence custodian - especially in relatively
complicated crime scenes involving large amounts of evidence
 Do not handle evidence excessively after recovery
 Seal all evidence containers at the crime scene
 Do not guess on packaging requirements - different types of evidence can
necessitate different containers
 Do not forget entrance and exit areas at scene for potential evidence
 Be sure to obtain appropriate known" standards (e.g. fiber sample from carpet)
 Do not rely on devices and chemical tests without a full evaluation of all factors (e.g.,
vacuuming for trace evidence, phenolphthalein or luminal testing for blood)
 Constantly check paperwork, packaging notations and other pertinent recordings of
information for possible errors which may cause confusion or problems at a later time

FOUR BASIC PREMISES:

 The best search options are typically the most difficult and time-consuming
  You cannot over-document the physical evidence
 There is only one chance to perform the job properly. Consider second search via
rotation of personnel
 There are two basic search approaches, in this order
1."Cautious" search of visible areas, taking steps to avoid evidence loss or contamination
2 .After the "cautious" search, a vigorous searches for hidden/concealed areas his order:

CONDUCT FINAL SURVEY

 This survey is a critical review of all aspects of the search Discuss search jointly with
all personnel for completeness
 Double-check
 documentation to detect inadvertent errors
 Insure that photographs are taken of scene showing final condition after completion of
search
 Check to insure all evidence is accounted for before
 departing scene
 Insure all equipment used in the search is gathered
 Make sure possible hiding places or difficult access areas have not been overlooked
in detailed search
 n CRITICAL ISSUES: have you gone for evidence, documented all essential things
and made no assumptions which may prove to be incorrect in the future

RELEASE CRIME SCENE

 Release is accomplished only after completion of the final survey
 At minimum documentation should be made of:
 time and date of release
 to whom released
 by whom released
 insure that appropriate inventory has been provided, as necessary considering legal
requirements to person to whom scene is released

RELEASE CRIME SCENE

 Once the scene has been formally released, reentry may require a warrant;
 Only the person-in-charge should have the authority to release the scene. This
precept should be known, and adhered to by all personnel;
 Release the scene with the notion that there is only one chance to perform the job
correctly and completely. Release then occurs once personnel are satisfied this is the
situation;
 Consider the need to l certain specialists observe t scene before it is released (e. e
blood pattern analysts, examiner)