CRIMINAL JUSTICE SYSTEM MIDTERMS 1.

it must be issued upon probable cause;

2. Probable cause must be determined
A. MIRANDA RIGHTS personally by the judge;
art 3, sec 12 3. such judge must examine under oath or
(1) any person under investigation for the affirmation the complaint and the
commission of an offense shall have the witnesses he may produce;
right to be informed of his right to remain 4. the warrant must particularly describe the
silent and to have a competent counsel place to be searched and the persons or
preferably of his own choice. If the person things to be seized (sec.2, art III, 1987
cannot afford the services of counsel, he Constitution, People vs. Tiu Won Chua)
must be provided with one. These rights
cannot be waived except in writing and in
the presence of counsel. D. WARRANT OF ARREST VS. SEARCH
(2) No torture, force, violence, threat, WARRANT
intimidation or any other means which
vitiate the free will shall be used against A Search Warrant is an order in writing issued
him. Secret detention places, solitarily, in the name of the People of the Philippines,
incommunicado, or other similar forms of signed by a judge and directed to a peace
detention are prohibited. officer, commanding him to search for personal
(3) Any confession or admission obtained in property described therein and bring it before
violation of this or Sec 17 hereof shall be the court. (sec 1 Rule 126)
inadmissible in evidence against him.
(4) The law shall provide for penal and civil A Warrant of Arrest is an order in writing
sanctions for violations of this section as issued by a competent authority directing a
well as compensation to the rehabilitation peace officer to bring into custody the person
of victims of torture or similar practices, subject of the warrant upon the grounds stated
and their families. therein. (Rule 113)

E. PROBABLE CAUSE
B. RIGHT TO PRIVACY For Search Warrant such facts and
1. art 3, sec 2 circumstances which would lead a reasonably
The right of people to be secure in their discreet and prudent man to believe that an
persons, houses, papers and effects against offense has been committed, and that objects
unreasonable searches and seizures of sought in connection with the offense are in
whatever nature and for any purpose shall be the place sought to be searched. (Laud vs
inviolable, and no search warrant or warrant of People)
arrest shall issue except upon probable cause
to be determined personally by the judge after For arrest
examination under oath or affirmation of the Probable cause in the issuance of warrant -
complainant and the witnesses he may facts and circumstances that would engender
produce, and particularly describing the place a well-grounded that a crime has been
to be searched and the persons or things to be committed and the person to be arrested has
seized. committed it.
2. Right to privacy of communication and
correspondence (Disini vs DOJ) for Personal knowledge: Escordial case
Personal knowledge of facts in arrests without
C. REQUISITES OF A VALID WARRANT a warrant under Section 5(b) of Rule 113 must
be based upon probable cause which means G. HOW A SEARCH MAY BE CONDUCTED?
an actual belief or reasonable grounds of 1. Sec 7, Rule 126, RRCP - The officer, wife
suspicion. The grounds of suspicion are refused admittance to the place of directed
reasonable when, in the absence of actual
belief of the arresting officers, the suspicion search after giving notice of his purpose
that the person to be arrested is probably and authority, may break open any outer or
guilty of committing the offense is based on inner door or window of a house or any
actual facts, i.e., supported by circumstances part of a house or anything therein to
sufficiently strong in themselves to create the execute the warrant or liberate himself or
probable cause of guilt of the person to be
arrested. A reasonable suspicion therefore any person lawfully aiding him when
must be founded on probable cause, coupled unlawfully detained therein.
with good faith on the part of the peace officer 2. Sec 8, ibid - No search of a house, room or
making the arrest. any other premises shall be made except
in the presence of the lawful occupant
thereof or any member of his family or in
F. GENERAL WARRANT VS. SCATTER
the absence of the latter, two witnesses of
SHOT WARRANT sufficient age and discretion residing in the
a Scattershot warrant refers to those same locality.
warrants issued for more than one specific 3. sec 11, ibid. - the officer seizing property
offense and is null and void as prohibited under the warrant must give a detailed
under Sec. 4, Rule 126 of the Rules of Court
receipt for the same to the lawful occupant
(Laud vs People) of the premises in whose presence the
search and seizure were made, or in the
a General Warrant refers to absence of such occupant, must, in the
(Worldwide Web vs PLDT) General warrant - a presence of at least two witnesses of
search or arrest warrant that is not particular
sufficient age and discretion residing in the
as to the person to be arrested or the property same locality, leave a receipt in the place
to be seized. in which he found the seized property.
4. sec 12, ibid. (a) the office must forthwith
In People v. Rubio, 57 Phil. 384, 389 (1932), this deliver the property sized to the judge who
Court said, While it is true that the property to
be seized under a warrant must be particularly issued the warrant, together with the true
described therein and no other property can be inventory thereof full verified under oath.
taken thereunder, yet the description is (b) 10 days after the issuance of the search
required to be specific only in so far as the warrant , the issuing judge shall ascertain if the
circumstances will ordinarily allow. Where by return has been made, and if none, shall
the nature of the goods to be seized, their
description must be rather general, it is not summon the person to whom the warrant was
required that a technical description be given, issued and require him to explain why no
as this would mean that no warrant could return was made. if the return has been made,
issue. As a corollary, however, we could not the judge shall ascertain whether sec 11 of this
logically conclude that where the description of rule has been complied with and shall require
those goods to be seized have been
expressed technically, all others of a similar the property seized to be delivered to him. the
nature but not bearing the exact technical judge shall see to it that subsection 9a hereof
descriptions could not be lawfully subject to has been complied with;
seizure. Otherwise, the reasonable purpose of (c) the return of the search warrant shall be
the warrant issued would be defeated by mere filed and kept by the custodian of the log book
technicalities. (stated in the case of Al Ghoul)
on search warrants who shall enter therein the
date of the return, the result, and other actions RA 7438 sec 2(e)
of the judge. Any waiver by a person arrested or detained
under the provisions of article 125 of the RPC
G. INSTANCES OF WARRANTLESS or under custodial investigation, shall be in
SEARCH (Caballes vs CA) writing and signed by such person person in
1. Search incident to lawful arrest the presence of his counsel; otherwise the
2. the plain view doctrine waiver shall be null and void and of no effect.
3. search of moving vehicles
4. customs searches *Who else can be present if the counsel is not
5. Search with consent around? RA 7438 sec 2
6. stop and frisk (terry search) Any extrajudicial confession made by a person
7. exigent searches arrested, detained or under custodial
investigation shall be in writing and signed by
such person in the presence of his counsel or
in the latter's absence, upon a valid waiver,
H. INSTANCES OF WARRANTLESS ARREST and in the presence of any of the parents,
sec 5 rule 113 of RRCP elder brothers and sisters, his spouse, the
a. When in his presence, the person to be municipal mayor, the municipal judge, district
arrested has committed, is actually school supervisor, or priest or minister of the
gospel as chosen by him; otherwise, such
committing, or is attempting to commit an extrajudicial confession shall be inadmissible
offense; as evidence in any proceeding.
b. when an offense has just been committed
and he has probable cause to belive based Caballes vs. ca - valid waiver of constitutional
on personal knowledge of facts or right
circumstances that the person to be
arrested has committed it; and (1) the right exists;
c. when the person to be arrested is a (2) that the person involved had knowledge,
either actual or constructive, of the
prisoner who has escaped from a penal existence of such right; and
establishment or place where he is serving (3) the said person had an actual intention to
final judgment or is temporarily confined relinquish the right.[55]
while his case is pending, or has escaped
while being transferred from one
confinement to another. K. POLICE LINE-UP VS. SHOW UP
(people vs amestuzo)
I. EXCLUSIONARY RULE Show up is the presentation of a single
sec 12 (3) Any confession or admission suspect to a witness for purposes of
obtained in violation of this or Sec 17 hereof identification and is seriously flawed as it
shall be inadmissible in evidence against him. constitutes the most grossly suggestive
identification procedure now or ever used by
- Nardone vs US once the primary source the police.
(the tree) is shown to have been unlawfully police line-up is a part of the investigation
obtained, any secondary or derivative process by which police officers to ascertain
evidence (the fruit) derived from it is also the identity of offenders or confirm their
inadmissible. identification by a witness to the crime.

J. REQUISITES OF A VALID WAIVER (during (people vs. escordial)

Custodial Investigation) In a show-up, the accused alone is brought
face to face with the witness for identification,
while in a police line-up, the suspect is medical doctor, priest or minister chosen by
identified by a witness from a group of persons him or by any one from his immediate family or
gathered for that purpose.[43] by his counsel, or be visited by/confer with
duly accredited national or international non-
government organization. It shall be the
responsibility of the officer to ensure that this is
L. INDEPENDENT AND COMPETENT accomplished; (communication and visitation)
COUNSEL (People vs Bagnate) 7. He must be informed that he has the right to
waive any of said rights provided it is made
willing to fully safeguard the constitutional
voluntarily, knowingly and intelligently and
rights of the accused, as distinguished from ensure that he understood the same; (waiver)
one who would merely be giving a routine, 8. In addition, if the person arrested waives his
peremptory and meaningless recital of the right to a lawyer, he must be informed that it
individuals constitutional rights. must be done in writing AND in the presence
of counsel, otherwise, he must be warned that
the waiver is void even if he insist on his
M. GUIDELINES OF ARREST and CI waiver and chooses to speak; (invalid waiver)
People v. Mahinay (122485, Feb 1, 1999) 9. That the person arrested must be informed
that he may indicate in any manner at any time
1. The person arrested, detained, invited or or stage of the process that he does not wish
under custodial investigation must be informed to be questioned with warning that once he
in a language known to and understood by him makes such indication, the police may not
of the reason for the arrest and he must be interrogate him if the same had not yet
shown the warrant of arrest, if any; Every other commenced, or the interrogation must ceased
warnings, information or communication must if it has already begun; (indication for refusal to
be in a language known to and understood by answer questions)
said person; (language) 10. The person arrested must be informed that
2. He must be warned that he has a right to his initial waiver of his right to remain silent,
remain silent and that any statement he makes the right to counsel or any of his rights does
may be used as evidence against him; not bar him from
(silence)
3. He must be informed that he has the right to invoking it at any time during the process,
be assisted at all times and have the presence regardless of whether he may have answered
of an independent and competent lawyer, some questions or volunteered some
preferably of his own choice; (assistance of statements; (rights can be invoked anytime)
counsel) 11. He must also be informed that any
4. He must be informed that if he has no statement or evidence, as the case may be,
lawyer or cannot afford the services of a obtained in violation of any of the foregoing,
lawyer, one will be provided for him; and that a whether inculpatory or exculpatory, in whole or
lawyer may also be engaged by any person in in part, shall be inadmissible in evidence.
his behalf, or may be appointed by the court (inadmissibility of evidences)
upon petition of the person arrested or one
acting in his behalf; (provision of a lawyer)
5. That whether or not the person arrested has
There are two kinds of determination of
a lawyer, he must be informed that no
probable cause: executive and judicial. The
custodial investigation in any form shall be
executive determination of probable cause is
conducted except in the presence of his
one made during preliminary investigation. It is
counsel or after a valid waiver has been made;
a function that properly pertains to the public
(counsel - a must in CI, unless waived)
prosecutor who is given a broad discretion to
6. The person arrested must be informed that,
determine whether probable cause exists and
at any time, he has the right to communicate
to charge those whom he believes to have
or confer by the most expedient means
committed the crime as defined by law and
telephone, radio, letter or messenger with his
thus should be held for trial. Otherwise stated,
lawyer (either retained or appointed), any
such official has the quasi-judicial authority to
member of his immediate family, or any
determine whether or not a criminal case must
be filed in court. Whether or not that function
has been correctly discharged by the public
prosecutor, i.e., whether or not he has made a
correct ascertainment of the existence of
probable cause in a case, is a matter that the
trial court itself does not and may not be
compelled to pass upon.
The judicial determination of probable cause,
on the other hand, is one made by the judge to
ascertain whether a warrant of arrest should
be issued against the accused. The judge
must satisfy himself that based on the
evidence submitted, there is necessity for
placing the accused under custody in order not
to frustrate the ends of justice. If the judge
finds no probable cause, the judge cannot be
forced to issue the arrest warrant.32
The difference is clear: The executive
determination of probable cause concerns
itself with whether there is enough evidence to
support an Information being filed. The judicial
determination of probable cause, on the other
hand, determines whether a warrant of arrest
should be issued.