CRIM PRO - RULE 125-127 Flashcards
Rule 125. sec. 1. Section 1. Uniform Procedure. –
[xpn] Unless otherwise provided by the Constitution or by law,
[GR] the **procedure in the Supreme Court in original and in appealed cases ** shall be the same as in the Court of Appeals.
RULE 125. Sec. 2. Review of decisions of the Court of Appeals. – The procedure for the review by the Supreme Court of decisions in criminal cases rendered by the Court of Appeals shall be the same as in civil cases.
Rule 125. Sec. 3. Decision if opinion is equally divided. – When the Supreme Court en banc is equally divided in opinion or the necessary majority cannot be had on whether to acquit the appellant,
the case shall again be deliberated upon and
if no decision is reached after re-deliberation, the judgment of conviction of lower court shall be reversed and the accused acquitted.
RULE 126. Section 1. Search warrant defined. – A search warrant is
[1] an order in writing
[2] issued in the name of the People of the Philippines,
[3] signed by a judge and directed to a peace officer,
[4] commanding him to search for personal property
[5] described therein and
[5] bring it before the court.
RULE 126. Sec. 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.
RULE 126. Sec. 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.
RULE 126. Sec. 4. Requisites for issuing search warrant. – A search warrant shall not issue except
[1] upon probable cause in connection with
[2] one specific offense to be
[3] determined personally by the judge after examination
[4] under oath or affirmation of the complainant and the witness he may produce,
[5] and particularly describing the place to be searched and the things to be seized which
[6] may be anywhere in the Philippines.
Sec. 5. Examination of complainant; record. – The judge must, before issuing the warrant,
[1] personally examine in the form of searching questions and answers,
[2] in writing and under oath,
[3] the complainant and the witnesses he may produce
[4] on facts personally known to them and
[5] attach to the record their sworn statements, together with the affidavits submitted.
RULE 126. Sec. 6. Issuance and form of search warrant. – If the judge is satisfied of
[1] the existence of facts upon which the application is based or
[2] 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.
RULE 126. Sec. 7. Right to break door or window to effect search. – The officer, if refused admittance to the place of directed search
[1] after giving notice of his purpose and authority,
[2] may break open any outer or inner door or window of a house or
any part of a house or anything therein to
[3] execute the warrant or
[4] liberate himself or any person lawfully aiding him
[5] when unlawfully detained therein.
RULE 126. Sec. 8. Search of house, room, or premises to be made in presence of two witnesses. –
[GR] No search of a house, room, or any other premises shall be made
[XPN] except in the presence of the:
[1] lawful occupant thereof or any member of his family or in the absence of the latter,
[2] two witnesses of sufficient age and discretion residing in the same locality.
RULE 126. Sec. 9. Time of making search. –
[GR] The warrant must direct that it be served in the day time,
[XPN] 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.
RULE 126. Sec. 10. Validity of search warrant. – A search warrant shall be valid for ten (10) days from its date. Thereafter, it shall be void.
RULE 126. Sec. 11. Receipt for the property seized. – The officer seizing the property under the warrant must:
[1] give a detailed receipt for the same to the lawful occupant of the premises in whose presence the search and seizure were made, or
[2] 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.
RULE 126. Sec. 12. Delivery of property and inventory thereof to court; return and proceedings thereon. –
[duty of officer to delivery property to the judge] –> (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.
[duty of the judge to inquire on the status of the writ] –> (b) Ten (10) days after issuance of the search warrant, the issuing judge shall:
[1] 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.
[2] If the return has been made, the judge shall ascertain whether section 11 of this Rule has been complied 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.
where to file and keep the return of the search warrant –> (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.
[effect of violation of duty] A violation of this section shall constitute contempt of 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.
RULE 126. Sec. 14. Motion to quash a search warrant or to suppress evidence; where to file. –
[GR] 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.
[XPN] If no criminal action has been instituted, the motion may be filed in and resolved by the court that issued search warrant.
[XPN TO THE XPN] However, if such court failed to resolve the motion and a criminal case is subsequently filed in another court, the motion shall be resolved by the latter court.
Section 1. Availability of provisional remedies. – The provisional remedies in civil actions, insofar as they are applicable, may be availed of in connection with the civil action deemed instituted with the criminal action.
Sec. 2. Attachment. – When the civil action is properly instituted in the criminal action as provided in Rule 111, the offended party may have the property of the accused attached as security for the satisfaction of any judgment that may be recovered from the accused in the following cases:
(a) When the accused is about to abscond from the Philippines;
(b) When the criminal action is based:
[1] on a claim for money or property embezzled or
[2] fraudulently misapplied or
[4] converted
to the use of the accused who is:
[1] a public officer,
[2] officer of a corporation,
[3] attorney,
[4] factor,
[4] broker,
[5] agent or clerk,
in the course of his employment as such, or
[6] by any other person in a fiduciary capacity, or for a willful violation of duty;
(c) When the accused has concealed, removed, or disposed of his property, or is about to do so; and
(d) When the accused resides outside the Philippines.
