CRIMPRO Flashcards
Criminal Procedure defined
Criminal procedure is the method prescribed by law for the apprehension and prosecution of persons accused of any criminal offense and for their punishment, in case of conviction. As applied to criminal law, procedural law provides or regulates the steps by which one who has committed a crime is to be punished
The enforcement of the criminal laws of the state inevitably leads to governmental intrusions into an individual’s zones of privacy and how these intrusions can be reconciled with constitutional and statutory tenets protecting individual rights is an inescapable theme tackled in criminal procedure. Thus, in the prosecution for the violation of the penal laws,
Criminal procedure has the imposing task of balancing clashing societal interests primarily between those of the government and those of the individual. Criminal procedure, therefore, has the ultimate goal of harmonizing the governmental functions of maintaining peace and order and protecting the constitutional rights of its citizen.
Probable Cause defined
Probable cause has been defined as such facts and circumstances which could lead a reasonable, discreet and prudent man to believe that an offense has been committed, and that the objects sought in connection with the offense are in the place sought to be searched.
Under Section 5 of the Rules of Criminal Procedure
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)
Under Article 3, Section 2 of the 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 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 persons or things to be seized.
What is criminal procedure?
Criminal Procedure refers to the set of rules and guidelines that govern the process through which the government enforces substantive criminal law. This includes everything from the investigation of a crime, the arrest of a suspect, the trial, and the eventual sentencing of the convicted individual1.
Main Purpose of Criminal Procedure
The main purpose of criminal procedure is to ensure fairness and justice in the administration of criminal law. It aims to:
Protect the Rights of the Accused: Ensuring that individuals are treated fairly and their constitutional rights are upheld throughout the criminal justice process2.
Ensure Due Process: Providing a legal framework that guarantees fair treatment through the normal judicial system, especially as a citizen’s entitlement2.
Promote Efficiency and Fairness: Streamlining the process to avoid unnecessary delays and expenses while ensuring that justice is served3.
Understanding the Importance of Procedure in Attaining a Just Outcome
The statement “It is not only about outcome. Procedure is equally important in the attainment of a just outcome” emphasizes that the methods and processes used to reach a verdict are as crucial as the verdict itself. Here’s what this means:
Fairness and Transparency: Proper procedures ensure that the process is transparent and fair, which helps in maintaining public trust in the legal system. If the process is perceived as biased or unfair, the legitimacy of the outcome is questioned.
Protection of Rights: Adhering to established procedures protects the rights of all parties involved, particularly the accused. This includes the right to a fair trial, the right to legal representation, and protection against unlawful searches and seizures1.
Prevention of Miscarriages of Justice: Strict adherence to procedural rules helps prevent errors and abuses that could lead to wrongful convictions or acquittals. It ensures that evidence is collected and presented properly, and that the accused has a fair opportunity to defend themselves2.
In essence, criminal procedure is designed to balance the scales of justice, ensuring that the pursuit of justice does not trample on individual rights and that the outcomes are both fair and just.
Custody of Law v Custody of court
Custody of Law
Custody of law refers to the situation where an individual is held by law enforcement authorities, such as the police, due to suspicion of involvement in a crime. This type of custody is typically temporary and occurs before any formal charges are filed or before a court has made any determinations. It includes:
Arrest: When a person is taken into custody by the police.
Detention: Holding a person for questioning or investigation.
Custody of Court
Custody of court refers to the situation where an individual is held under the authority of a court order. This type of custody is usually more formal and occurs after a court has made a decision regarding the individual’s status. It includes:
Pre-trial Detention: When a person is held in jail while awaiting trial.
Post-conviction Custody: When a person is held in prison after being convicted and sentenced by the court.
Juvenile Custody: When a minor is placed in a juvenile detention facility by court order.
Key Differences
Authority:
Custody of Law: Initiated by law enforcement agencies.
Custody of Court: Ordered by a judicial authority.
Purpose:
Custody of Law: To investigate and determine whether there is sufficient evidence to charge the individual with a crime.
Custody of Court: To ensure the individual appears for trial, to protect the public, or to serve a sentence after conviction.
Duration:
Custody of Law: Generally short-term, pending further legal action.
Custody of Court: Can be long-term, depending on the court’s orders and the outcome of the trial.
People vs. Malmstedt, G.R. No. 91107 (1991); and,
People v. Aruta, 288 SCRA 626 (1998);
“Exclusionary Rule”
Stonehill v. Diokno, 20 SCRA 383 (1967);
People v. Valdez, 341 SCRA 25 (2000)
“Exclusionary Rule”
which means that evidence obtained through unconstitutional searches and seizures is inadmissible in court
Stonehill v. Diokno is a landmark case decided by the Supreme Court of the Philippines on June 19, 1967. The case involved Harry S. Stonehill and others challenging the validity of 42 search warrants issued against them. These warrants were used to search their premises and seize items related to alleged violations of various laws, including Central Bank Laws, Tariff and Customs Laws, and the Internal Revenue Code12.
The Supreme Court found the search warrants unconstitutional because they were overly broad and lacked specificity, violating the constitutional requirement for particularity in search warrants. This decision emphasized that search warrants must be specific and tied to particular offenses, and it established the exclusionary rule in the Philippines, which means that evidence obtained through unconstitutional searches and seizures is inadmissible in court
This case is significant as it reinforced the protection against unreasonable searches and seizures and highlighted the importance of adhering to constitutional safeguards in the issuance of search warrants
Jurisdiction is defined
by the allegations in the complaint or the information that would be the basis kung saan ang jurisdiction of the court
That the court will retain from start to finish doctrine
Principle of Adherence
Heirs of Honrales v. Honrales, 629 SCRA 423 (2010)
What is Jurisdiction of the court when does a court acquire jurisdiction
Person of the accused - upon his arrest or upon his voluntary surrender
Jurisdiction over the proceedings - upon arraingnment
Jurisdiction of the court v custody of the law
Custody of law is physical restraint so it may happen that you are under the jurisdictio of the court but you are not under the custody
Example: the case is on trial and the accused escaped. Trial can resume on his absence waive the opportunity to defend.
Tijam vs. Sibonghanoy
