DOT-1

Question 1

Criminal Procedure

Answer 1

Network of laws and procedure which governs procedural administration of justice. It is a proceeding whereby the State prosecutes a person for an act or omission punishable by law.

Question 2

Jurisdiction

Answer 2

The power of the court to hear and decide cases, and to execute judgment thereon.

Question 3

Venue

Answer 3

Geographical location where he case shall be instituted, heard and tried.

Question 4

Pleading

Answer 4

Written statement of the respective claims and defenses of the parties submitted to the court for proper judgment.

Question 5

Motion

Answer 5

Application for relief other than by a pleading

Question 6

Affidavit

Answer 6

A statement of facts under oath. A sworn statement in writing sworn before a notary or other officer entitled to administer oaths or take acknowledgments.

Question 7

Warrant of Arrest

Answer 7

Legal Process issued by competent authority directing the arrest of a person or persons upon the grounds stated therein. It is usually directed to regular officers of the law, but occasionally , to a private person named in it.

Question 8

Custodial Investigation

Answer 8

Any questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way.

Question 9

Preliminary Investigation

Answer 9

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, and should be held for trial.

Question 10

Counter Affidavit

Answer 10

Affidavit submitted in opposition to another affidavit, made and presented in contradiction or opposition to an affidavit which is made the basis or support of a motion or application.

Question 11

Barangay Protection Order (BPO)

Answer 11

Protection Order issued by the Punong Barangay, or in his absence the Barangay Kagawad, ordering the perpetrator to desist from committing acts of violence against the family or household members particularly women and children. (Sections 5a and 5b of RA 9262)

Question 12

Criminal Jurisdiction

Answer 12

The authority to hear and try a particular offense, and to impose punishment to it

Question 13

Arrest

Answer 13

Taking of a person into custody in order that he maybe bound to answer for the commission of an offense

Question 14

Extrajudicial Confession

Answer 14

A declaration made at any time by a person, voluntarily and without compulsion or inducement , stating or acknowledging that he has committed or participated in the commission of a crime.

Question 15

Corpus Delicti

Answer 15

The fact of the commission of the crime charged or to the body or substance of the crime,

Question 16

Inquest Proceeding

Answer 16

An informal and summary investigation conducted by a public prosecutor in criminal cases involving persons arrested and detained without the benefit of a warrant of arrest issued by the court, for the purpose of determining whether or not said persons should remain under custody and correspondingly be charged before the court.

Question 17

Search Warrant

Answer 17

An order in writing issued in the name of 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 court.

Question 18

Probable Cause

Answer 18

Such facts and circumstances that would engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial.

Question 19

Subpoena

Answer 19

A process directed to a person requiring him to attend and testify at the hearing or trial of an action , or at any investigation conducted by a competent authority ,or the taking of the deposition.