Good Day Atty. Thank you for this lesson. In this video lecture I have learned the following; RESOLUTION OF INVESTIGATING PROSECUTOR - If the investigating prosecutor finds cause to hold the defendant for trial, he shall prepare the resolution and information (sec. 4, Rule 112) - This is the output in the preliminary investigation after the submission of the parties of the complaint affidavit and the submission of the defendant or respondent of the counter affidavit. However, if the complainant wishes to file a reply affidavit that can also be allowed by the investigating prosecutor and the last affidavit to file is a rejoinder or a reply affidavit. - After the submission of this affidavit the investigating prosecutor will prepare a resolution and information if he finds reason or ground to hold the responded for trial *The investigating officer under oath shall certify the following: - That he, or as shown by the record, an authorized officer, has personally examined, raise or interview some clarificatory question, probing questions to both the complainant and his witnesses; - That there is reasonable ground to believe that crime has been committed; - That the accused or respondents is probably guilty thereof - That the accused was informed of the complaint and of the evidence submitted against him; and - That he was given an opportunity to submit controverting evidence. - In this case within five (5) days from the issuance his resolution, the investigating prosecutor shall forward the record of the case to the provincial or city prosecutor or chief state prosecutor, or to the Ombudsman or his deputy by the Sandiganbayan in the exercise of its original jurisdiction. - In the case that the investigating prosecutor found ground or reason to hold the respondent for trial what he will do was to prepare resolution. - Within 5 days from the preparation of this resolution he shall forward the record of the case to the higher authority. *Who are the higher Authority? - It can be the provincial prosecutor or in case of cities with their own prosecutors then the city prosecutor or it can be forwarded as well to the chief state prosecutor or to the Ombudsman or his deputy in cases cognizable by Sandiganbayan in the exercise of its original jurisdiction. - They shall act on the resolution within ten (10) days from their receipt thereof and shall immediately inform the parties of such actions. - In the case that the investigating prosecutor found ground or reason to hold the respondent for trial is to prepare resolution. NOTE: - In case the investigating prosecutor will draft a resolution that draft of the investigating prosecutor is merely recommendatory - It means it is not yet final because no complaint or information may be filed or dismissed by an investigating prosecutor without the prior written authority or approval of the provincial or city prosecutor or the chief state prosecutor or the Ombudsman or his deputy. - However, since the resolution prepared by the investigating prosecutor is merely recommendatory it needs the approval of the higher ups as mentioned above. - Without the approval of this higher authority that resolution will not take its legal effect. *Are there cases where in there can be no approval by the higher authority? - Yes, if the higher authority will delegate the authority of approval of a resolution then that delegation must be done in a prior written authority. DIFFERENT THINGS BETWEEN INVESTIGATING PROSECUTOR AND SUPERIOR PROSECUTOR - If the investigating prosecutor finds no reason to hold the respondent for trial meaning to elevate the case to the courts then he will recommend the dismissal of the complaint. - However, since that resolution recommending the dismissal of the complaint is merely recommendatory the superior authority can reverse the findings of the investigating prosecutor and direct the investigating prosecutor to file an information in court without the need of conducting preliminary investigation. (in other words the higher authority can reverse the findings of the investigating prosecutor and order him to file the information in court.) REMEDY OF THE AGGRIEVED PARTY FROM THE RESOLUTION OF THE INVESTIGATING PROSECUTOR EXAMPLE - If complaint has been dismissed the complainant can exercise some remedies or in other words (left of the losing party) or the aggrieved party from the resolution of the investigating prosecutor. - An aggrieved party may appeal by filing a verified petition for review with the Secretary of Justice and by Furnishing copies thereof to the adverse party and prosecution office issuing the appealed resolution. (In case you lost your case in the court city prosecutor or the provincial prosecutor, file a verified petition for review with the Secretary of Justice and have furnish copy of your petition to the adverse party and the prosecution office whose resolution is being assailed.) - The appeal shall be taken within (15) days from the day of receipt of the resolution or the denial of the motion for reconsideration/reinvestigation if one has been filed within (15) days from receipt of the assailed resolution. Only one motion for reconsideration shall be allowed. *What is verified petition for review? - The complainant or the respondent or the parties to the case must have to sign the petition for review. - The party has read the contents of the petition and that the allegation are in are true and correct based on personal knowledge or on automatic records. *What happens when you elevate the case to the Secretary of Justice? - They may moto proprio, reversal or modification of the resolution of the provincial or city prosecutor - If the provincial or city prosecutor can reverse the investigating prosecutor the secretary of justices can also reverse or modify the resolution of the provincial or city prosecutor or chief state prosecutor. It can review the resolution of his subordinates even if the cases are file in court *What happens if the Secretary of Justice will order the dismissal of the case? Will the order of the Secretary binding in courts of law? - No, The Secretary of justice may not order the court to dismiss the case even if he finds the absence of probable cause. Only the court of law will have exclusive power as to the disposition of the case. - Once the information is filed in court, the court has exclusive discretion or authority to dispose of the case. *In cases that you’ve lost your case in the Secretary of Justice, what remedy you can appeal? - You can appeal your case before the office of the President. The decision of the Office of the President may be appealed before the court of appeals pursuant to Rule 43 of the Rules of Court. HIERARCHY - City prosecutor office - Secretary of Justice (DOJ) - Office of the President(OP) - Rule 43 NOTE: - That the resolution of the ombudsman in administrative cases may be subject of a petition for review under rule 43 of the rules of court before the court of appeals or a special civil action for certiorari through rule 65 before the supreme court. - Ombudsman - special prosecutor (only assigned in the violation of 3019 or the Anti-Graft and Corrupt Practices Act, violation of plunder law, commission of crimes by public official with a salary grade of 27 or high. - Jurisdiction - with the Office of the Ombudsman. - If administrative case, what you file is rules 43 petition for review, you file it with court of appeals. - If it is a criminal case, you file it before the Supreme Court and then what you file is petition for certiorari under rule 65 of the Rules of Court. EFFECT OF THE FILING OF A PETITION FOR REVIEW BEFORE THE DOJ IF THE INFORMATION WAS ALREADY FILED IN COURT - Should the information be already filed in court but the accused filed a petition for review of the findings of the prosecutors with the DOJ, the court is bound to suspend the arraignment of the accused for a period not exceeding 60 days. WHEN WARRANT OF ARREST MAY ISSUE - Upon receipt of the court of the resolution and information and the records of the case within 10 days from the filling of the complaint or information, the judges shall personally evaluate the resolution of the prosecutor. - In conducting the evaluation of the resolution the judge shall look into supporting evidence - The judge will have to make a personal assessment of the complaint. The judge may not rely on the basis of the resolution or complaint. He has to see it for himself. The judge will have to satisfy if there is really a ground for the issuance of a warrant of arrest. * There are three options of the judge upon the filing of the information 1. Dismiss the case if the evidence on record clearly failed to establish probable cause 2. If he or she finds probable cause, issue a warrant of arrest or issue a commitment order of the accused has already been arrested pursuant to a warrant of arrest or lawfully arrested without warrant. 3. In cases of doubt in the existence of probable cause, order the prosecutor to present the additional evidence within (5) days from notice, issue to be resolve by the court within (30) days from filing the information CASES NOT REQUIRING A PRELIMINARY INVESTIGATION - If the penalty imposable is less than 4 years, 2 months and 1 day it does not require preliminary investigation. WARRANTLESS ARREST - If the person has been arrested without a warrant of arrest then you do not conduct preliminary investigation what we conduct is an inquest proceeding. NOTE: - If a person arrested is in flagrante delicto while robbing the victim, the arrest is lawful one and a preliminary investigation is not required even if the penalty for robbery is more than 4 yrs, 2 months, and 1 day.
INSTITUTION OF CASES WHEN PRELIMINARY INVESTIGATION IS NOT REQUIRED - Filed the case directly to the prosecutor - Filed the complaint or information directly to municipal trial court INSTANCES WHEN AMENDMENT OF AN INFORMATION DOES NOT WARRANT A NEW PRELIMINARY INVESTIGATION - Amendment to information is not substantial - The court orders the filing of correct information involving a cognate offenses - If the crime originally charged is related to the amended charge such that an inquiry into one would elicit substantially the same facts that an inquiry to another would reveal. INSTANCES WHEN AMENDMENT OF AN INFORMATION WARRANTS A NEW PRELIMINARY INVESTIGATION - If the amendment of the information changes the name of the crime charged - When on its face the information is null and void for the lack of authority to file the same and cannot be cured or revived by an amendment. REMEDIES OF ACCUSED IF THERE WAS NO PRELIMINARY INVESTIGATION - The accused must do so before he enters his plea - Failure to invoke the right before entering a plea will amount to a waiver. INQUEST - It is an informal and summary investigation conducted by a public prosecutor in criminal cases involving person arrested and detained without the benefit of 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 in court. DUTIES OF AN INQUEST OFFICER - Recommend the release of the person arrested or detained - Note down the disposition on the referral document - Prepare a brief memorandum indicating the reason for the action taken - Forward the same, together with the record of the case. PERSON TO CONDUCT PRELIMINARY INVESTIGATION - It may be conducted by the Inquest officer himself or by any other Assistant Prosecutor to whom the case may be assigned. Which investigation shall be terminated within (15) days from its inception INQUEST PROCEEDING - Affidavit of arrest - Investigation report - The statement of the complaint and witnesses - Other supporting evidence NOTE; - The affidavit of arrest and statement/affidavits of the complainant and the witnesses to be subscribed and sworn to before him by the arresting officer and the affiants. INSTANCES WHEN PRODUCTION OF A DETAINED PERSON BEFORE THE INQUEST OFFICER IS DIPENSED WITH; - If he is confined in a hospital - If he is detained in a place under maximum securityIf production of the detained person will involve security risks - If the presence of the detained person is not feasible by reason of age, health, sex and other similar factors. ARREST - It is the taking of a person into custody in order that he may bound to answer for the commission of an offense (Sec. 1 Rule 113) PERSON WHO ARE NOT SUBJECT TO ARREST - Senator or member of the house of representative or congressman if the imprisonment is not more than 6 years while congress is in session - The representatives of foreign states or foreign government you cannot arrest them because they are immune from the criminal jurisdiction of the country pursuant to a treaty obligation of the Philippines. - The arrest of duly accredited ambassadors, public ministers of a foreign country their duly registered domestics subject to the principle of reciprocity. HOW DO YOU MADE ARREST - Arrest is either voluntary or the arresting officer putting an actual restraint of a person. NOTE: - Arrest may be made on any day at any time of the day or night (Sec. 6, Rule 113) - The head of the office to whom the warrant was delivered must cause it to be executed within (10) days from its receipt, and the officer to whom it is assigned must make a report to judge who issued the warrant within (10) says from the expiration of the period. If he fails to execute it, he should state the reason thereof (Sec.4, Rule 113) ARREST WITHOUT WARRANT, WHEN LAWFUL? - Accused is already in detention - Complaint or information was filed pursuant to a valid warrantless arrest - Has no penalty of imprisonment INSTANCES OF WARRANTLESS ARREST (1) Inflagrante delicto arrest is when in his presence, the person to be arrested has committed is actually committing or is attempting to commit an offense. (2) Doctrine of hot pursuit is when an offense has in fact been committed and the arresting person has probable cause to believe based on personal knowledge of facts and circumstances that the person to be arrested has committed. (3) Escapee in a penal institution is when the person to be arrested is a prisoner who has escaped from a penal establishment or a 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. - By actual restraint of the person to be arrested - By voluntary of his submission to the custody of the person making the arrest. ARREST MADE BY THE OFFICER WITH WARRANT GENERAL RULE: - No violence or unnecessary force in making arrest. The person arrested shall not be subject to a greater restraint than is necessary for his detention. EXCEPTION: - If necessary to secure and detain thee offender, overcome his resistance prevent his escape recapture him and protect himself from bodily harm. However, do not abuse the authority given. *An officer may break into the building or enclosure to effect an arrest provided that: - The person to be arrested is or reasonably believed to be in the said building - The officer has announced his authority and purpose for entering therein - He has requested and been denied admittance. *Object subjected to confiscation from the person arrested - Objects subject of the offense or used or intended to be used in the commission of the crime - Objects which are fruits of the crime - Those which might be used by the arrested person to commit violence or to escape - Dangerous weapons ARREST MADE BY OFFICER WITH WARRANT - Arrest must be effected first before the search it should not be the other way around. - If you conducted the search, first you have arrests a person on the basis of such search then the arrest would not be valid and therefor any and all evidence obtained in violation of the constitutional right of the person will be inadmissible in evidence. - Reliable information alone is not sufficient to justify a warrantless arrest under (Sec. 5, Rule 113) - You need to have a personal knowledge of the facts and circumstances that will constitute a reasonable belief that the person is committing a crime. If you do not have personal knowledge that a person is committing a crime you cannot arrest otherwise the arrest will be invalid and whatever evidence obtained therein will be inadmissible in evidence and you can be held liable for illegal arrest. GENERAL RULE: - No peace officer or person has the power or authority to arrest anyone without a warrant except in those cases expressly authorized by law as mentioned above. PERSONAL KNOWLEDGE - It means actual belief or reasonable grounds of suspicion that the person to be arrested is probably guilty of the offense based on actual facts. - Personal knowledge has no reference to the actual commission of the come but to personal knowledge of facts leading to probable cause. OBLIGATION OF THE ARRESTING OFFICER AFTER THE WARRANTLESS ARREST - The arresting officer must comply with the provision. PERIOD FOR OFFICERS TO DELIVER THE PERSON DETAINED UNDER ARTICLE 125 OF THE RPC - The person must be deliver to the judicial authorities within a perios specified in Article 125. - 12 hours - light penalties - 18 hours - correctional penalties - 36 hours - afflictive or capital penalties warrant of arrest RATIFICATION OF AN ILLEGAL ARREST - Motion to quash of the warrant of arrest because there was illegality in the arrest of the arrest. REQUISITES OF A VALID WARRANT OF ARREST - It is a legal process issued by a competent authority, directing the arrest of a person or persons upon the ground stated therein. - Only the judge can issue the warrant of arrest. PERIOD OF VALIDITY OF A WARRANT OF ARREST - There is no time limit is fixed for the validity of a warrant of arrest unlike in a search warrant, which is effective only for (10) days. It remains valid until arrest is effected or the warrant is lifted. It is lifetime unless it is revoke by the court which issued such warrant of arrest. OSUNA, CHARLENE MAY M. 3C2 BS-CRIMINOLOGY LSPU-SPCC
Good Day Atty! In this discussion it includes some important portion of preliminary investigation. First we have resolution of investigating prosecutor. The prosecutor prepare the resolution and information if he finds cause to hold the defendant for trial that was according to sec. 4 of rule 112. The last affidavit to be filed is the reply affidavit. As mentioned above the investigating prosecutor shall filed resolution and information if he find the mentioned reason. The resolution of investigating prosecutor is under oath and certify the following: That he or she, or as shown by the record, an authorized officer, has personally examined the complainant and his witness, that there is a reasonable ground to believe that crime has been committed, that the accused is probably guilty thereof, that the respondent informed of the complaint and of the evidence submitted against him and that he has given an opportunity to submit controverting evidence. The process to institute a case when preliminary investigation is not required are: 1)filed the complaint directly to prosecutor, 2)filed the complaint and information with the MTC INQUEST -is an formal summary investigation conducted by a public prosecutor involving a criminal case involving the persons arrested and detained without the benefits of warrant of arrest. The duties of inquest officer is determined if the arrest is valid if not recommended to release of a detained person and the disposition on the referral document. ARREST -is the taking of a person into custody in order that he may be bound to answer for the commission of offense. Person who are not subjected to arrest ARREST RULE 113 -Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of offense. Person who are not subjected to arrest. 1)a Senator or a congressman if the imprisonment is not more than 6 years while congress is in session. 2) pursuant to Vienna convention those who are representative of foreign states or foreign government for the reason that they are immune for criminal jurisdiction of the country pursuant to the treaty obligation of the Philippines. Obligation of the arresting officer must comply with the provisions of article 125 of the RPC, otherwise, he may be held criminally liable for arbitrary detention under article 124 of the RPC. Jurisdiction over the person arrested must be transferred to the judicial authorities. Article 125 is a procedural requirement in case of warrantless arrest. PERIOD FOR OFFICERS TO DELIVER THE PERSON DETAINED UNDER ARTICLE 125 OF THE REVISED PENAL CODE 12 hours - light Penalties 18 hours - Correctional Penalties 36 hours - afflictive or Capital Penalties HIla, Erika Aira A. (3C4)
Good day Atty. Thank you for this lecture. In Resolution of Investigation Prosecutor finds cause to hold a defendant for trial, that he shall prepare a resolution or information (Section 4. Rule 112) Different findings between the investigating prosecutor and superior prosecutor -The higher authority can reverse the findings of the investigating prosecutor and order him to file the information in court. Remedy of the aggrieved party from the resolution of the investigating prosecutor -An aggrieved party may appeal by filing a verified petition for review with the secretary of justice and by furnishing copies off to the adverse party and the prosecution office issuing the appealed resolution. Reverse or modify the resolution of the provincial or city prosecutor - The secretary of justice may review resolutions of his subordinates in criminal cases despite the information being filed in court. The secretary of justice class can also reverse or modify the resolution of the provincial or city prosecutor or chief state prosecutor. When warrant of arrest may issue -Within 10 days from the filing of the complaint or information, the judge shall personally evaluate the resolution of the prosecutor. Inquest -It is 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. Inquest Proceeding -The inquest Officer shall, as far as practicable, cause the affidavit of arrest and statement/affidavits of the complainant and the witness.
Good day atty, Thank you for todays lecture this is the summary of what I've learned : RESOLUTION OF INVESTIGATING PROSECUTOR If the investigating prosecutor finds cause to hold the defendant for trial, he shall prepare the resolution and information ( Sec. 4 Rule 112) - This is the output in a preliminary investigation after the submission of the parties of the complaint affidavit and the submission of the defendant or respondent of the counter affidavit - if the complainant wishes to file a reply affidavit that can also be allowed by the investigating prosecutor and then the last affidavit to be filed is a rejoinder or a reply affidavit - Order (Complaint affidavit, counter affidavit, rejoin affidavit and reply affidavit) - after the submission of this affidavit the investigating prosecutor will prepare a resolution and information REMEDY OF THE AGGRIEVED PARTY FROM THE RESOLUTION OF THE INVESTIGATING PROSECUTOR - An aggrieved party may appeal by filing a verified petition for review with the Secretary of Justice and by furnishing copies thereof to the adverse party and the prosecution office issuing the appealed resolution. - The appeal shall be taken within 15 days from the date of receipt of the resolution or if the denial of a motion for reconsideration and investigation if one has been filed within 15 days from the receipt of assailed resolution. - Unless the Secretary directs otherwise, the appeal shall not stay the filing of the corresponding information in court on the basis of finding the probable cause assailed decision. - The decision of the prosecutor may be reviewed by the courts when he acts with brave abuse of discretion amounting to lack of jurisdiction. REVERSAL OR MODIFY THE RESOLUTION OF THE PROVINCIAL OR CITY PROSECUTOR -The Secretary of Equity may motu propio switch or alter the determination of the common or city prosecutor or chief state prosecutor -The Secretary of Equity may survey the determination of his subordinates in criminal case in spite of the data being recorded in court. - The Secretary of Equity work out the control of coordinate control and supervision over prosecutors, and may in this way assert, invalidate, invert or adjust their decisions. NOTE: That the determination of the ombudsman in authoritative cases may be subject of a appeal for audit beneath run the show 43 of the rules of court some time recently the court of requests or a uncommon gracious activity for certiorari through run the show 65 some time recently the incomparable court - OMBUDSMAN is the special prosecutors; - ADMINISTRATIVE CASE WHEN WARRANF OF ARREST MAY ISSUE - - Within 10 days from the filling of the complaint or information, the judge might actually assess or evaluate the determination of the prosecutor. - The judge will have to make an individual evaluation of the complaint. The judge may not rely on the premise of the determination or complaint. He needs to see it for himself. The judge will need to fulfill in the event that there's truly a ground for the issuance of a warrant of capture. INQUEST -is an formal summary examination conducted by an public prosecutor including a criminal case including the people arrested and detained without the benefits of warrant of arrest. The obligations of examination officer is determined in the event that the arrest is substantial in case not recommended to discharge of a confined individual and the disposition on the referral record. ARREST -is the taking of a person into custody in order that he may be bound to answer for the commission of offense. Person who are not subjected to arrest ARREST, HOW MADE - made by an actual restraint of a peson to be arrested, or by his submission to custody of the person making the arrest NOTE arrest may be on any day.The head of the office whom the warrant was delivered must cause it to be executed within 10 days from receipt.
TUBOG, MARIEL ANNE O 3C2 This video discussion has taught me a lot, particularly the Criminal Procedure of the Arrest. First thing I have learned is when warrant of arrest may be issued. It says that the judge have options upon filing of an information; first is to dismiss the case if the evidence on record clearly failed to establish probable cause and second is if he or she finds probable cause, issue a warrant of arrest or issue a commitment order of the accused has already been arrested pursuant to a warrant of arrest or lawfully arrested without warrant; and in case of doubt as to the existence of probable cause, order the prosecutor to present additional evidence within five days from notice, the issue to be resolved by the court within thirty days from the filing of the information. Also, I have learned the duties of an inquest officer which is to recommend the release of the person arrested or detained; note down the disposition on the referral document; prepare a brief memorandum indicating the reasons for the action taken; and forward the same, together with the record of the case, to the City or Provincial Prosecutor for appropriate action. In addition, although I knew this already from my past subjects, this video discussion enhanced my knowledge regarding this- arrest without warrant, when lawful. The first instance is that when in the presence of the arresting person, the person to be arrested has committed, is actually committing or is attempting to commit an offense or simply termed as in flagrante delicto arrest. Second is when an offense has in fact been committed and the arresting person has probable cause to believe based on personal knowledge of facts and circumstances that the person to be arrested has committed it or what we call 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 his final judgment or temporarily confined while his case is pending or has escaped while being transferred from confinement to another or simply escaped from alcatraz. These are those knowledge I gained in this lecture. Thank you, sir and GodBless!
Good day sir thank you for the discussion the following is what I've learned: RESOLUTION OF INVESTIGATING PROSECUTOR - it is the output in a preliminary investigation after the submission of the parties of the complaint and the submission of counter-affidavit now if the complainant wishes to file a reply affidavit that can be also be allowed by the investigating prosecutor and the last affidavit to be file is reply affidavit. DIFFERENT FINDING BETWEEN THE INVESTIGATING PROSECUTOR AND SUPERIOR PROSECUTOR If the investigating prosecutor finds no reason to hold the respondent for trial to elevate the case to the courts, then he will recommend the dismissal of the complaint. However, since the resolution recommending the dismissal of the complaint is merely recommendatory. The superior authority can reverse the findings of the investigating prosecutor and direct investigating prosecutor to file information in court without the need of conducting a preliminary investigation. REMEDY OF THE AGGRIEVED PARTY FROM THE RESOLUTION OF THE INVESTIGATING PROSECUTOR. - In case you lose your case in the city prosecutor you can file a verified petition for review and file it in the secretary of justice. - it’s the period of time which you can file your petition for review in 15 days from the date of the receipt of the resolution. - No even if you have elevated to matter on appeal the filing of the information in court is suspended. - The investigating prosecutor will issue a resolution and then he shall forward the resolution together with the records of the case to the higher authority. REVERSAL OF MODIFICATION OF THE RESOLUTION OF THE PROVINCIAL OR CITY PROSECUTOR - The secretary of justice can also reverse or modify the resolution of the provincial or the chief state prosecutor. - The secretary of justice may not order the court to dismiss the case even if he finds the absence of probable cause. REMEDY OF IN AGGRIEVED PARTY AGAINST A RESOLUTION ON THE SECRETARY OF JUSTICE. - You can appeal your case before the office of the president and in the case of appeal secretary of justice you can appeal to the office of the president and if you lose in the office of the president the decision of the office of the president may be appealed before the art of appeals pursuant to rule 43 of the rules of court. REMEDY OF AN AGGRIEVED OARTY AGAINST THE RESOLUTION OF THE OMBUDSMAN - they are the special prosecutors, they are only assigned in violating of 3019 anti-graft and practices act, the plunder law, commission of crimes by a public official with a salary grade of 27 or higher. EFFECT OF THE FILING OF A PETITION FOR REVIEW BEFORE THE DOJ IF THE INFORMATION WAS ALREADY FILED IN COURT. - You are entitled to a suspension of the arraignment for a period of 60 days but cannot be longer than 60 days INSTITUTION OF CASES WHEN PRELIMINARY INVESTIGATION IS NOT REQUIRED - You can file a complaint directly to the prosecutor ARREST - A person is taken into the custody of the law so that he may be bound to answer for committing a crime. PERSON WHO ARE NOT SUBJECTED TO ARREST - you can’t arrest a senator or a congressman if the imprisonment is not more than 6 years while congress is in session. - The chief of state, ambassadors, minister plenipotentiary, minister resident, and charges d'affaires are cannot be subjected to arrest because they are immune in the jurisdiction of the country. - The duly accredited ambassadors, public minister of a foreign country, and their duly registered domestic is also cannot be subjected to arrest. METHOD OF ARREST - in actual restraint of the person be arrested - in its submission to the custody of the person making the arrest PERSONAL KNOWLEDGE It should be actual belief don't bey on the presumptions it should be you are the witness in the violation of the act
Thank you po sir... This is the summary of what I've learned: In the resolution of investigation prosecutor, the investigating prosecutor may find cause to hold a defendant for trial, that he shall prepare a resolution or information according to Sec. 4 Rule 112. Also, the resolution of investigating prosecutor is recommendatory with approval of higher authority. *This is the output in a preliminary investigation after the submission of the parties of the complaint affidavit and the submission of the defendant or respondent of the counter affidavit *if the complainant wishes to file a reply affidavit that can also be allowed by the investigating prosecutor and then the last affidavit to be filed is a rejoinder or a reply affidavit *Order (Complaint affidavit, counter affidavit, rejoin affidavit and reply affidavit) *after the submission of this affidavit the investigating prosecutor will prepare a resolution and information Resolution of Investigating Prosecutor 1. Duty of investigating prosecutor - he shall personally examine or interview or raise some clarificatory questions or probing questions to both the complainant and his witnesses. 2. The resolution shall also certify that there is a reasonable ground to believe that the crime has been committed. 3. That the accused or respondent is probably guilty thereof. 4. That the accused was informed of the complaint and of evidence submitted against him 5. That he was given an opportunity to submit controverting evidence. Different findings between the investigating prosecutor and superior prosecutor: *When the investigating recommends the dismissal of the complaint but his findings are reversed by the superior, prosecutor or ombudsman on the ground that the probable cause exist. The prosecutor by himself filed the information against the respondent. Remedy of the aggrieved party from the resolution of the investigating prosecutor: *That in case you lose in the city prosecutor then you can file a verified petition for review and file in the secretary of justice. Also, the period of time can file a petition is within 15 days from receipt of the assailed resolution. Reversal or modification of the resolution of the provincial or city prosecutor: *When you elevate the case the secretary of justice may motu proprio reverse or modify the resolution of provincial or city prosecutor or chief state prosecutor. *Secretary of justice may not order the court to dismiss the case even even if he finds the absence of probable cause. Remedy of an aggrieved party against resolution on the secretary of justice: -*It can appeal your case before the office of the president and the case appealed secretary of justice. It can or you can appeal to the office of the president but if you lose in the office of the president the decision of the office of president may be appealed before the court of appeals pursuant to Rule 43 of the Rules of Court. Remedy of an aggrieved against resolution on the ombudsman: *Ombudsman is the special prosecutor (only assigned in the violation of 3019 or the Anti-Graft and Corrupt Practices Act, violation of plunder law, commission of crimes by public official with a salary grade of 27 or high.) *The resolution of the ombudsman in the administrative cases may be subject of petition review. Effect of filing of a petition for review before the DOJ if the information was already filed in court: * The information should already be filed in court but the accused filed a petition for review of the findings of the prosecutor with the DOJ, the court may bound to suspend the arraignment of the accused for a period not exceeding 60 days. To be entitled in a suspension for the period of 60 days but it cannot longer 60 days. When warrant of arrest may issue: *Within 10 days from filing of the complaint or information then the judge shall personally evaluate the resolution of the prosecutor. And in conducting evaluation of the resolution the judge shall look into supporting evidence. *The judge will make a personal assessment of the complaint, but may not rely only on the basis of the resolution or complaint, he has to see it for himself. Also, the judge will have to satisfy if there is really a ground for the issuance of a warrant of arrest. There are three options of the judge in cases he receives the information that will make a personal evaluation of the complaint and the evidence adduced by the complaint and his witnesses: (1) If there is no enough evidence, he can dismiss the case outright. (2) If there is evidence, he can issue a warrant of arrest but if the accused had already been arrested, the court will issue a commitment order. If the accused had been arresting pursuant to a warrant of arrestor lawful arrest without the warrant or warrantless arrest. (3) In cases exists then he can order the prosecutor to present the additional evidence within 5 days and that must be resolve within 30 days from the time of the filling of the information. Cases not requiring a preliminary investigation: *If the penalty impossible is less than 4 years, 2 months and 1days it does not require preliminary investigation. *Under warrantless arrest - if the person has been arrested without a warrant of arrest then you do not conduct preliminary investigation. * If the complaint is filed with the prosecutor, the prosecutor shall act on the complaint based on the affidavits and other supporting documents submitted by the complaint within 10 days of its filing. Institution of cases when preliminary investigation is not required: *Filing the complaint directly to the prosecutor. -*Filing the complaint or information with the MTC. Remedies of the accused if there was no preliminary investigation: *The court cannot be dismiss the complaint on this ground, and it should conduct the investigation or order by the fiscal or lower court to do it considering the inquest investigation conducted by the state prosecutor is null and void. Inquest: *Is an informal and summary investigation conducted by a public prosecutor in criminal cases involving person arrested and detained without the benefit of 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 in court. Duties of inquest officer: *Recommend the release of the person or detained. *Note down the disposition on the referral document. *Prepare a brief memorandum indicating the reasons action taken. *Forward record of case. Person to conduct preliminary investigation: *Conducted by the inquest officer or by another assistant prosecutor. Arrest under Rule 113: *Taking a person into the custody in order that he may be bound to answer for the commission of an offense. *The judge will have to make a personal assessment of the complaint. The judge may not on the basis of the resolution or complaint. He has to see it for himself. The judge will have to satisfy if there is really a ground for the issuance of a warrant of arrest. How arrest made: *The head of the office whom the warrant was delivered must cause it to be executed within 10 days from receipt. The method of arrest: * By actual restraint of the person to be arrested. *By his submission to the custody of the person making the arrest. There are three options of the judge in cases he receives the information that will make a personal evaluation of the complaint and the evidence adduced by the complaint and his witnesses. (1) If there is no enough evidence, he can dismiss the case outright. (2) If there is evidence, he can issue a warrant of arrest but if the accused had already been arrested, the court will issue a commitment order. If the accused had been arrested pursuant to a warrant of arrestor lawful arrest without the warrant or warrantless arrest. (3) In cases exists then he can order the prosecutor to present the additional evidence within 5 days and that must be resolve within 30 days from the time of the filling of the information. Cases not requiring a preliminary investigation *if the penalty impossible is less than 4 years, 2 months and 1days it does not require preliminary investigation. *warrantless arrest - if the person has been arrested without a warrant of arrest then you do not conduct preliminary investigation. COMIA, JOHN ANGEL A. 3C4
Good day Sir. In this lesson, I discovered that the resolution of investigating prosecutor is the product of the preliminary inquiry after the filing of the complaint affidavit by the parties and the counter affidavit by the respondent. It is made up of a reply affidavit and a rejoin affidavit. The prosecutor will draft a report after receiving this affidavit. After the submission of this affidavit, the prosecutor will prepare a settlement, but only if he believes there is sufficient evidence to hold the respondents for trial. Furthermore, it was stated that the investigation officer would certify the following under oath: 1. He shall personally examined or interview and ask some proving questions to both of the complainant and the witnesses. 2. To determined reasonable ground to believe that the crime has been committed. 3. That the accused is probably guilty thereof. 4. That the accused was informed of the complaint and the evidence submitted against him; 5. That he was given an opportunity to submit controverting evidence. Following that, if the prosecuting prosecutor finds that the respondents should be held for trial within 5 days of the issuance of his resolution, he will forward the case record to the Provincial or City Prosecutor, or the Chief State Prosecutor, or the Ombudsman, or the deputy by the Sandigan Bayan in the exercise of its original authority. Furthermore, when the investigating prosecutor drafts a resolution, it is purely advisory. This resolution must be approved by the higher official, regional or city prosecutor, chief state prosecutor, ombudsman, or his deputy. The proposal will not have legal force until these approvals are obtained. When the conclusions of the investigating prosecutor and the superior prosecutor vary, the superior prosecutor has the authority to overturn the findings of the investigating prosecutor. Then, in terms of the remedies that the aggrieved party could seek as a result of the investigating prosecutor's decision. They should submit a validated petition for review to the secretary of justice. It must be filed within 15 days of receiving the resolution or denial request for reconsideration. Furthermore, the secretary of justice has the authority to overturn or modify the decision of the regional or city prosecutor or the chief state prosecutor. After the judge is satisfied that there is a need to issue a warrant, the warrant of arrest may be issued. However, if the testimony fails to demonstrate probable cause, the judge has the authority to dismiss the lawsuit. However, once he considers probable cause, he may issue a subpoena or a commitment order if the accused has already been arrested in accordance with a warrant of arrest. Furthermore, if there is any uncertainty, the court could order the prosecutor to provide further evidence within 5 days of notice. The court will then settle the matter within 30 days of receiving the evidence. Then these are the cases that do not necessitate a preliminary investigation: 1. A sentence of less than 4 years, 2 months, and 1 day in jail. 2. Where a suspect was apprehended without the use of a warrant. Arrests can take place at any time of day or night. The arrest must be carried out within 10 days of its receipt. Failure to execute it within the prescribed time frame should be justified. Examples of legal warrantless arrests are Inflagrante delicto arrest and if the arresting officer has personal knowledge of the evidence and probable cause to arrest the suspect and lastly If the person to be arrested is an inmate who has escaped.
BOSINOS, BENSON R. 3C3 Good day Attorney, thank you for this this video recorded lecture. To arrest anyone means to place them in the custody of the law in order to bind them for committing a crime (Section 1, Rule 113 of the Rules on Criminal Procedure). There are two types of arrests: (a) warranted arrests and (b) arrests without a warrant. An arrest with a warrant presupposes that an affidavit-complaint was filed against the suspect (respondent) with the Office of the Prosecutor (or in certain exceptional cases with the Department of Justice), and it finds probable cause to charge him in court. The court separately finds probable cause for the issuance of a warrant of arrest against him On the other hand, a warrantless arrest takes place when a person to be arrested is caught committing, about to commit or has just committed a crime. Regardless of the type of arrest, the person arrested will have to be brought to the nearest police station. In all cases, the taking of custody should not be subject to a greater restraint than which is necessary for the suspect’s detention. The officer may break into any building or enclosure where the person to be arrested is or is reasonable believed to be, if he is refused admittance; and he may also break out when necessary to liberate himself. A person arrested with a warrant is placed under the jurisdiction of the court that issues it and will have to be arraigned and subjected to pre-trial within a period of 10 days from receipt of the case (Section 8, Part III, Guidelines for Continuous Trial). The intention of the Rules is to bring the arrestee, now the accused, to trial to confront the witnesses and evidence presented against him, and for the court thereafter to render the judgment. However, warrantless arrest proceeds in a different legal direction before it goes to court.
Done watching sir! AVERION, DIANNE D. 3C4 In this video recorded lecture, I've learned that if the investigating prosecutor find cause to hold the defendant for trial, he shall prepare the resolution and information. the duty of the investigating prosecutor is to examine he shall personal examine, interview or raise some clarificatory questions or proving question to both complaint and his witnesses. the investigating prosecutor will do is to forward the record of the case to provincial prosecutor or chief prosecutor or to the ombudsman or his deputy by the sandigang bayan in the excercise of its original posecutor. within 5 days form the preparation of this resolution he shall forward the record of the case to higher authority ( provincial prosecutor, the city prosecutor or chief state prosecutor, ombudsman) -incase that tbe investigating prosecutor will draft a resolution that draft of is merely recommendatory it means that it is not final. -the higher authority can reverse the investigating prosecutor in order to file information in court. -the verified petition for the review will filed with the secretary of justice. -ombudsman are the special prosecutors who assigned in violation of 3019 the violation of the plunder law, no commission of crimes by a public official with a salary grade of 27 or higher and jurisdiction. Instances when amendment of an information does NOT warrant a new preliminary investigation (1) Amendment to information is not substancial(2) the court orders the filing of correct information involving a cognate offense (3) crime originally charge is relaxed to the amended charge -the accused may file his preliminary investigation before he enters his play. failure in entering a plee will amount to a waiver. Inquest is 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 not said persons should remain under custody and charge in court. The inquest officer shall, as far as practicable, cause the affidavit of arrest and statements of the complainant and the witness to be subscribed before him arresting officer. Arrest (Rule 113) is taking a person into custody in order that he may be bound to answer for the commission of an offense. the arrest may be made on any day at any time of the day or night. the method of arrest (1) by actual restraint of the person to be arrested (2) by his submission to the custody of the person making the arrest.always keep in mind, Do not use violence of unneccessary force in affecting the arrest.
DE LUNA JR. DOMINADOR A. 3C4 Basically, base on the topic provided about the Resolution or Investigating Prosecutor if the investigating prosecutor finds cause to hold the defendant for trial, he shall prepare the resolution and information ( Sec. 4 Rule 112) - This is the output in a preliminary investigation after the submission of the parties of the complaint affidavit and the submission of the defendant or respondent of the counter affidavit - if the complainant wishes to file a reply affidavit that can also be allowed by the investigating prosecutor and then the last affidavit to be filed is a rejoinder or a reply affidavit - Order (Complaint affidavit, counter affidavit, rejoin affidavit and reply affidavit) - after the submission of this affidavit the investigating prosecutor will prepare a resolution and information Resolution of Investigating Prosecutor: -Firstly, Duty of investigating prosecutor - he shall personally examine or interview or raise some clarificatory questions or probing questions to both the complainant and his witnesses. -Secondly, the resolution shall also certify that there is a reasonable ground to believe that the crime has been committed. -Thirdly, that the accused or respondent is probably guilty thereof. -FourthThat the accused was informed of the complaint and of evidence submitted against him -And the last, that he was given an opportunity to submit controverting evidence. In a certain circumstances in the case that the investigating prosecutor find ground or reason to hold the respondent for trial is to prepare resolution. Within 5 days from the preparation of this resolution he shall forward the record of the case to the higher authority. Higher authority - provicial prosecutor or in case of cities with their own prosecutors then the city prosecutor or it can be forwarded as well to the chief state prosecutor or to the Ombudsman or his deputy in cases cognizable by Sandiganbayan in the exercise of it original jurisdiction. In the case that the investigating prosecutor find ground or reason to hold the respondent for trial is to prepare resolution Furthermore, in case the investigating prosecutor will draft a resolution that draft is merely recommendatory meaning it is not yet final because no complaint or information may be filed or dismissed by an investigating prosecutor without the written authority or approval of the provincial or city prosecutor or chief state prosecutor or the Ombudsman or his deputy. Since the resolution prepared by the investigating prosecutor is merely recommendatory it needs thr approval of the higher ups. Without the approval of this higher authority that resolution will not take its effect. If the higher authority will delegate the authority of approval of a resolution then that delegation must be done in a prior writthe authority. Different things between investigating prosecutor and superior prosecutor - If the investigating prosecutor finds no reason to hold the respondent for trial to elevate the case to the court then he will recommend the dismissal of the complaint however since that resolution recommending the dismissal of the complaint is merely recommendatory the superior authority can reverse the findings of the investigating prosecutor and direct the investigating prosecutor to file an information in court without the need of counducting preliminary investigation. Remedy of the aggrieved party from the resolution of the investigating prosecutor - for example if complaint has been dismissed the complainant can exercise some remedies (left of the losing party) or the aggrieved party from the resolution of the investigating prosecutor. - In case you lost your case in the court city prosecutor or the provincial prosecutor, file a verified petition for review with the Secretary of Justice and have furnish copy of your petition to the adverse party and the prosecution office whose resolution is being assailed. - You can file it 15 days from the date of receipt of the resolution or if you file a motion for reconsideration the 15 days will be counted from the receipt of the resolution denying your motion for reconsideration for investigation. Verified petition for review - the complainant or the respondent or the parties to the case must have to sign the petitionf or review. - the party has read the contents of the petition and that the allegation are in are true and correct based on personal knowledge or on automatic records. Reversal or modification of the resolution of the provincial or city prosecutor - If the provincial or city prosecutor can reverse the investigating prosecutor the secretary of justucs can also reverse or modify the resolution of the provincial or city prosecutor or chief state prosecutor. It can renew the resolution of his subordinates even if the cases are file in court - The Secretary of justice may not order the court to dismiss the case even if he findsnthe absence of probable cause. Only the court of law will have exlusive power as to the disposition of the case. Once the information is filed in court, the court has exclusive jurisdiction or authority to dispose the case. Remedy of an aggrieved party against a resolution of the secretary of justice - You can appeal your case before the office of the President. The decision of the Office of the President may be appealed before the court of appeals pursuant to Rule 43 of the Rules of Court. Remedy of an aggrieved party against the resolution of Ombudsman - Ombudsman - special prosecutor (only assigned in the violation of 3019 or the Anti-Graft and Corrupt Practices Act, violation of plunder law, commission of crimes by public official with a salary grade of 27 or high. - jurisdiction - with the Office of the Ombudsman - if administrative case, what you file is rules 43 petition for review, you file it with court of appeals. If it is a criminal case, you file it before the Supreme Court and then what you file is petiton for certiorari under rule 65 of the Rules of Court. When warrant of arrest may issue - Within 10 days from the filling of the complaint or information, the judge shall personally evaluate the resolution of the prosecutor. - the judge will have to make a personal assessment of the complaint. The judge may not relt on the basis of the resolution or complaint. He has to see it for himself. The judge will have to satisfy if there is really a ground for the issuance of a warrant of arrest. There are three options of the judge in cases he receives the information that will make a personal evaluation of the complaint and the evidence adduced by the complaint and his witnesses. (1) If there is no enough evidence, he can dismiss the case outright. (2) If there is evidence he can issue a warrant of arrest but if the accused had already been arrested, the court will issue a commitment order. If the accused had been arrest pursuant to a warrant of arrestbor lawful arrest without the warrant or warrantless arrest. (3) In cases exists then he can order the prosecutor to present the additional evidence within 5 days and that must be resolve within 30 days from the time of the filling of the information. Cases not requiring a preliminary investigation - if the penalty impossable is less than 4 years, 2 months and 1days it does not require preliminary investigation. - warrantless arrest - if the person has been arrested without a warrant of arrest then you do not conduct preliminary investigation.
BOOL, HAZEL D. 3C2 Thank you sr for this lesson! INVESTIGATING PROSECUTOR'S RESOLUTION If the investigating prosecutor determines that there is sufficient reason to detain the suspect for prosecution, he must schedule the resolution and information (section 4, Rule 112). (1). This is the result of the formal inquiry after the filing of the complaint affidavit by the parties and the counter affidavit by the complainant or respondent. However, if the complainant wants to file a reply affidavit, the investigating prosecutor can approve it, and the last affidavit to be filed is a rejoinder or a reply affidavit. (2). After the filing of this affidavit, the prosecuting counsel will file a settlement and evidence if he believes there is cause or basis to keep the answer pending trial. UNDER OATH, THE INVESTIGATING OFFICER SHALL CERTIFY THE FOLLOWING: (1) That he, or, as the record shows, an authorised official, directly examined, raised, or interviewed any clarifying questions, probing questions to both the defendant and his witnesses; (2) That there is good cause to conclude that a crime has been committed;(3) That the accused or respondents was most likely guilty; (4) That the accused was told of the accusation and the facts presented against him; and - That he was permitted to present controverting evidence. WHO HAS THE HIGHER AUTHORITY? (1) It can be the regional prosecutor or, in cities with their own judges, the municipal prosecutor; it can also be referred to the chief state prosecutor or the Ombudsman or his assistant in cases cognizable by the Sandiganbayan in the exercise of its original authority. (2) They shall act on the resolution within ten (10) days from their receipt thereof and shall immediately inform the parties of such actions. (3) In the case that the investigating prosecutor found ground or reason to hold the respondent for trial is to prepare a resolution. DIFFERENT THINGS BETWEEN INVESTIGATING PROSECUTOR AND SUPERIOR PROSECUTOR (1) If the investigating prosecutor finds no reason to hold the respondent for trial meaning to elevate the case to the courts then he will recommend the dismissal of the complaint. (2) However, since that resolution recommending the dismissal of the complaint is merely recommendatory the superior authority can reverse the findings of the investigating prosecutor and direct the investigating prosecutor to file information in court without the need of conducting a preliminary investigation. WHAT IS A VERIFIED PETITION FOR REVIEW? (1) The complainant or the respondent or the parties to the case must have to sign the petition for review. (2) The party has read the contents of the petition and that the allegation is in are true and correct based on personal knowledge or on automatic records. REVERSAL OR MODIFICATION OF THE RESOLUTION OF THE PROVINCIAL OR CITY PROSECUTOR - If the provincial or city prosecutor can reverse the investigating prosecutor the secretary of justices can also reverse or modify the resolution of the provincial or city prosecutor or chief state prosecutor. It can renew the resolution of his subordinates even if the cases are file in court - The Secretary of justice may not order the court to dismiss the case even if he finds the absence of probable cause. Only the court of law will have exclusive power as to the disposition of the case. Once the information is filed in court, the court has exclusive jurisdiction or authority to dispose of the case. WHEN WARRANT OF ARREST MAY ISSUE - Within 10 days from the filling of the complaint or information, the judge shall personally evaluate the resolution of the prosecutor. - The judge will have to make a personal assessment of the complaint. The judge may not rely based on the resolution or complaint. He has to see it for himself. The judge will have to satisfy if there is really a ground for the issuance of a warrant of arrest. CASES NOT REQUIRING A PRELIMINARY INVESTIGATION (1) If the penalty imposable is less than 4 years, 2 months, and 1days it does not require preliminary investigation. (2). In the instances of warrantless arrest if the person has been arrested without a warrant of arrest then you do not conduct a preliminary investigation. INQUEST - it is 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 to determine whether or not that persons should remain under custody and corresponding be charged in court. (Sec. 1 DOJ Circular No. 61) Then the cases that do not require preliminary investigation: 1. Having a penalty of less than 4yrs, 2months and 1 day of imprisonment. 2. When a person was arrested by the virtue of warrantless arrest. Arrest can be conducted on any day, at any time day or night. The arrest must be executed within 10 days upon its receipt. Failure to conduct it within the prescribe period should state the reasons therefore. Instances of a valid warrantless arrest: 1. Inflagrante delicto arrest 2. If the arresting officer have his personal knowledge and probable cause that the facts that the person must be arrested. (doctrine of hot persuit) 3. If the person to be arrested is an escapee prisoner.
Good Day Sir! This is the summary of what I've learned in your discussion. Resolution of investigating prosecutor under Section 4 of Rule 112; if the investigating prosecutor find cause to hold the defendant for trial, he sha prepare the resolution and information. The investigating officer under oath shall certify that he, or shown by the record, an authorized officer has personally examined the complain and his witnesses; that there is reasonable ground to believe that the crime has been committed; that the accused of the respondent is probably guilty thereof; that the respondent was informed of the complaint and of the evidence submitted against him; and that he was given an opportunity to submit controverting evidence. If that there's a finding on the part of the investigating prosecutor to hold within five(5) days, he has to forward the record of the case to the provincial or city prosecutor or chief state prosecutor or the ombudsman or his deputy by the sandigangbayan in the exercise of its original jurisdiction. They shall act on the resolution within ten(10) days from receipt thereof and shall immediately inform the parties of such action. * in case the investigating prosecutor will draft a resolution that draft is merely recommendatory (not yet final) section 4 of rule 112. Resolution will not take its legal effect without the approval of the higher ups such as the provincial or city prosecutor, chief state prosecutor or the ombudsman or his deputy. -There are cases that doesn't need an approval from the above mentioned higher ups, it is if the the higher up or the provincial or city prosecutor will delegate the authority of approval of a resolution then that delegation must we done ina prior written authority. DIFFERENT FINDINGS BETWEEN THE INVESTIGATING PROSECUTOR AND SUPERIOR PROSECUTOR - If the investigating prosecutor find no reason to hold the respondent for trial then he could recommend the dismissal of the complaint however since the resolution complaint is merely recommendatory the superior authority can reverse the findings of the investigating prosecutor and direct to file an information in court without the need of conducting preliminary investigation. REMEDIES THAT CAN EXERCISE BY THE COMPLAINANT -They can file a verified petition for review with the secretary of justice. The appeal shall be taken within fifteen (15) days from receipt of the resolution of of the denial of the motion for reconsideration or reinvestigation. Only one motion for reconsideration shall be allowed. REVERSAL OF MODIFICATION OF THE RESOLUTION OF THE PROVINCIAL OR CITY PROSECUTOR - Secretary of justice can also reverse OR modify the resolution of the provincial or chief state prosecutor. He or she may not order the court to dismiss the case even if he or she finds an absence of the probable cause. REMEDIES IN AGRIEVED PARTY AGAINST A RESOLUTION ON THE SECRETARY OF JUSTICE -A complainant can appeal their case before the office of the president. In case that he or she lose in the office of the president he or she may be appealed before the court or appeals pursuant to rule 43 of the rules of court. REMEDIES OF AN AGRIEVED PARTY AGAINST THE RESOLUTION OF THE OMBUDSMAN - Ombudsman are the special prosecutors, that they are only assigned in validating the 3019 Anti-graft and practices act, the plunder law, commission of crimes committed by a public official with a salary grade of 27 and higher than that. EEFECTS OF THE FILING OF A PETITION FOR REVIEW BEFORE THE DEPARTMENT OF JUSTICE ON THE INFORMATION WAS ALREADY FILED IN COURT -A complainant is entitled to a suspension of the arraignment for the period of sixty(60) days and it can't be longer than that *if preliminary investigation is not required he or she can filed the complaint directly to the prosecutor. arrest-a person who has been arrested will be taken into the custody of the law so he or she may bound to answer for the commission of the crime. THE FOLLOWING ARE THE PERSONS WHO ARE NOT SUBJECTED TO ARREST -a SENATOR or a CONGRESSMAN-you can't arrest them if his or her imprisonment is not more than six(6) years and while the congress is in session -the CHIEF OF THE STATE, AMBASSADOR, MINISTER PLENIPOTENTIARY, MINISTER RESIDENT AND CHARGES d'affaires-they can't be subjected for the reason that they are immune in the jurisdiction of the country -the DULY ACCREDITED AMBASSADOR, PUBLIC MINISTER OF A FOREIGN COUNTRY, and their DUKY REGISTERED domestic they can't be also subjected to an arrest GARING, DOLORES E. BS CRIMINOLOGY (3C4)
TEJADA, CHUSTYN L. 3C1 This is the summary of my learning in this lesson: Resolution or Investigating Prosecutor If the investigating prosecutor finds cause to hold the defendant for trial, he shall prepare the resolution and information (Sec. 4 Rule 112) This is the output in a preliminary investigation after the submission of the parties of the complaint affidavit and the submission of the defendant or respondent of the counter affidavit. If the complainant wishes to file a reply affidavit that can also be allowed by the investigating prosecutor and then the last affidavit to be filed is a rejoinder or a reply affidavit. Order such as complaint affidavit, counter affidavit, rejoin affidavit and reply affidavit and after the submission of this affidavit the investigating prosecutor will prepare a resolution and inform. The investigating officer under oath shall certify the following: (1) That he, or as shown by the record, an authorized officer, has personally examined, raise or interview some clarificatory question, probing questions to both the complainant and his witnesses; (2) That there is reasonable ground to believe that crime has been committed; (3) That the accused or respondents is probably guilty thereof (4) That the accused was informed of the complaint and of the evidence submitted against him; and (5) That he was allowed to submit controverting evidence. However, in the case that the investigating prosecutor found ground or reason to hold the respondent for trial is to prepare resolution. Within the period of 5 days from the preparation of this resolution he shall forward the record of the case to the higher authority. Higher authority is defined as provincial prosecutor or in case of cities with their own prosecutors then the city prosecutor or it can be forwarded as well to the chief state prosecutor or to the Ombudsman or his deputy in cases cognizable by Sandiganbayan in the exercise of it original jurisdiction. In the case that the investigating prosecutor find ground or reason to hold the respondent for trial is to prepare resolution In case the investigating prosecutor will draft a resolution that draft is merely recommendatory meaning it is not yet final because no complaint or information may be filed or dismissed by an investigating prosecutor without the written authority or approval of the provincial or city prosecutor or chief state prosecutor or the Ombudsman or his deputy. Since the resolution prepared by the investigating prosecutor is merely recommendatory it needs the approval of the higher ups. Without the approval of this higher authority that resolution will not take its effect. If the higher authority will delegate the authority of approval of a resolution then that delegation must be done in a prior written authority. Different things between investigating prosecutor and superior prosecutor If the investigating prosecutor finds no reason to hold the respondent for trial meaning to elevate the case to the courts then he will recommend the dismissal of the complaint. However, since that resolution recommending the dismissal of the complaint is merely recommendatory the superior authority can reverse the findings of the investigating prosecutor and direct the investigating prosecutor to file information in court without the need of conducting a preliminary investigation. Remedy of the aggrieved party from the resolution of the investigating prosecutor An aggrieved party may appeal by filing a verified petition for review with the Secretary of Justice and by furnishing copies thereof to the adverse party and the prosecution office issuing the appealed resolution. The appeal shall be taken within 15 days from the date of receipt of the resolution or if the denial of a motion for reconsideration and investigation if one has been filed within 15 days from the receipt of assailed resolution. Unless the Secretary directs otherwise, the appeal shall not stay the filing of the corresponding information in court on the basis of finding the probable cause assailed decision. The decision of the prosecutor may be reviewed by the courts when he acts with brave abuse of discretion amounting to lack of jurisdiction. A verified petition for review is considered when the complainant or the respondent or the parties to the case must have to sign the petition for review and that the party has read the contents of the petition and that the allegation is in are true and correct based on personal knowledge or on automatic records. Reversal or modification of the resolution of the provincial or city prosecutor If the provincial or city prosecutor can reverse the investigating prosecutor the Secretary of Justice can also reverse or modify the resolution of the provincial or city prosecutor or chief state prosecutor. It can review the resolution of his subordinates even if the cases are file in court. The Secretary of Justice may not order the court to dismiss the case even if he finds the absence of probable cause because only the court of law will have exclusive power as to the disposition of the case. Once the information is filed in court, the court has exclusive jurisdiction or authority to dispose the case. Remedy of an aggrieved party against a resolution of the secretary of justice A person can appeal your case before the office of the President and that the decision of the Office of the President may be appealed before the court of appeals pursuant to Rule 43 of the Rules of Court. Remedy of an aggrieved party against the resolution of Ombudsman Ombudsman is special prosecutor (only assigned in the violation of 3019 or the Anti-Graft and Corrupt Practices Act, violation of plunder law, commission of crimes by public official with a salary grade of 27 or high. Jurisdiction with the Office of the Ombudsman And if administrative case, what you file is rules 43 petition for review, you file it with court of appeals. If it is a criminal case, you file it before the Supreme Court and then what you file is petition for certiorari under rule 65 of the Rules of Court may be filed. Effect of the filing of a petition for review before the DOJ if the information was already filed in court Should the information be already filed in court but the accused filed a petition for review of the findings of the prosecutors with the DOJ, the court is bound to suspend the arraignment of the accused for a period not exceeding 60 days. When warrant of arrest may issue Upon receipt of the court of the resolution and information and the records of the case within 10 days from the filling of the complaint or information, the judges shall personally evaluate the resolution of the prosecutor. In conducting the evaluation of the resolution the judge shall look into supporting evidence. TThe judge will have to make a personal assessment of the complaint. The judge may not rely on the basis of the resolution or complaint. He has to see it for himself. The judge will have to satisfy if there is really a ground for the issuance of a warrant of arrest. There are three options of the judge upon the filing of the information (1) Dismiss the case if the evidence on record clearly failed to establish probable cause; (2) If he or she finds probable cause, issue a warrant of arrest or issue a commitment order of the accused has already been arrested pursuant to a warrant of arrest or lawfully arrested without warrant; and (3) In cases of doubt in the existence of probable cause, order the prosecutor to present the additional evidence within (5) days from notice, issue to be resolve by the court within (30) days from filing the information. Cases not requiring a preliminary investigation If the penalty of imprisonment imposable is less than 4 years, 2 months and 1 day. Warrantless arrest If a person has been arrested without a warrant of arrest then you do not conduct preliminary investigation.
BALATASO, MIKAELLA 3C2 Thank you atty. this is the summary of what I've learned Resolution of investigation prosecutor that if the investigating prosecutor finds cause to hold a defendant for trial, he shall prepare a resolution or information according to sec. 4 rule 112. Additionally the resolution of investigating prosecutor is recommendatory with approval of higher authority. Different findings between the investigating prosecutor and superior prosecutor - when the investigating recommends the dismissal of the complaint but his findings are reversed by the superior, prosecutor or ombudsman on the ground that the probable cause exist. The prosecutor by himself filed the information against the respondent. Remedy of the aggrieved party from the resolution of the investigating prosecutor - talks about that in case you lose the in the city prosecutor the you can filed a verified petition for review and file in the secretary of justice also the period of time can file a petition is within 15 days from receipt of the assailed resolution. Reversal or modification of the resolution of the provincial or city prosecutor - when you elevate the case the secretary of justice may motu proprio reverse or modify the resolution of provincial or city prosecutor or chief state prosecutor. - secretary of justice may not order the court to dismiss the case even even if he finds the absence of probable cause. Remedy of an aggrieved party against resolution on the secretary of justice - It can appeal your case before the office of the president and that in case that the appealed secretary of justice, you can appeal to the office of the president and if you lose in the office of the president the decision of the office of president may be appealed before the court of appeals pursuant to Rule 43 of the rules of court. Remedy of an aggrieved against resolution on the ombudsman - the ombudsman they are the special prosecutors - the resolution of the ombudsman in the administrative cases may be subject of petition review. Effect of the filing of a petition for review before the DOJ if the information was already filed in court - Should the information be already filed in the court but the accused filed a petition for review of the findings of the prosecutor with the DOJ, the court may bound to suspend the arraignment of the accused for a period not exceeding 60 days. - And you are entitled in a suspension for the period of 60 days but it cannot longer 60 days. When warrant of arrest may issue - within 10 days from filing of the complaint or information then the judge shall personally evaluate the resolution of the prosecutor. And in conducting evaluation of the resolution the judge shall look into supporting evidence. Cases not requiring a preliminary investigation - If the complaint is filed with the prosecutor, the prosecutor shall act on the complaint based on the affidavits and other supporting documents submitted by the complaint within 10 days of its filing. Institution of cases when preliminary investigation is not required - File the complaint directly to the prosecutor - By filing the complaint or information with the MTC Remedies of accused if there was no preliminary investigation - The court cannot be dismiss the complaint on this ground, and it should conduct the investigation or order the fiscal or lower court to do it considering the inquest investigation conducted by the state prosecutor is null and void. Inquest - Is an informal and summary investigation conducted by a public prosecutor in criminal cases involving person arrested and detained without the benefit of warrant of arrest issured by the court for the purpose of determining whether or not said persons should remain under custody and correspondingly be charged in court. Duties of inquest officer - Recommend the release of the person or detained - Note down the disposition on the referral document - prepare a brief memorandum indicating the reasons action taken - Foward the same, together with the record of the case. Person to conduct preliminary investigation - conducted by the inquest officer or by another assistant prosecutor. Arrest (Rule 113) - Taking a person into the custody in order that he may be bound to answer for the commission of an offense. Arrest, How made - The head of the office whom the warrant was delivered must cause it to be executed within 10 days from receipt. Method of arrest - By actual restraint of the person to be arrested - By his submission to the custody of the person making the arrest
ISLETA, NOELL BRIAN G. 3C3 Thank you sir. Here are the summarized lecture that I've learned on the video recorded lecture. Resolution of investigating prosecutor: If there is a cause to hold the defendant for trial. - If the investigating prosecutor finds cause to hold the defendant for trial, he shall prepare the resolution and information -the investigating prosecutor will prepare a resolution and information if he finds reason or ground to hold the responded for trial *The investigating officer under oath shall certify the following: -that he has personally examined the accused -that crime has been committed -accused or respondents is probably guilty thereof -that he was given a chance to submit a controverting evidence -the prosecutor was given 5 days to forward it to the city or provincial prosecutor. Who are the higher Authority? - It can be the provincial prosecutor or in case of cities with their own prosecutors then the city prosecutor or it can be forwarded as well to the chief state prosecutor or to the Ombudsman or his deputy in cases cognizable by Sandiganbayan in the exercise of its original jurisdiction. - They shall act on the resolution within ten (10) days from their receipt thereof and shall immediately inform the parties of such actions. - In the case that the investigating prosecutor found ground or reason to hold the respondent for trial is to prepare resolution. WHEN WARRANT OF ARREST MAY ISSUE - Upon receipt of the court of the resolution and information and the records of the case within 10 days from the filling of the complaint or information, the judges shall personally evaluate the resolution of the prosecutor. - In conducting the evaluation of the resolution the judge shall look into supporting evidence - The judge will have to make a personal assessment of the complaint. The judge may not rely on the basis of the resolution or complaint. He has to see it for himself. The judge will have to satisfy if there is really a ground for the issuance of a warrant of arrest. * There are three options of the judge upon the filing of the information 1. Dismiss the case if the evidence on record clearly failed to establish probable cause 2. If he or she finds probable cause, issue a warrant of arrest or issue a commitment order of the accused has already been arrested pursuant to a warrant of arrest or lawfully arrested without warrant. 3. In cases of doubt in the existence of probable cause, order the prosecutor to present the additional evidence within (5) days from notice, issue to be resolve by the court within (30) days from filing the information CASES NOT REQUIRING A PRELIMINARY INVESTIGATION - If the penalty imposable is less than 4 years, 2 months and 1days it does not require preliminary investigation. WARRANTLESS ARREST - If the person has been arrested without a warrant of arrest then you do not conduct preliminary investigation what we conduct is an inquest proceeding. INQUEST - It is an informal and summary investigation conducted by a public prosecutor in criminal cases involving person arrested and detained without the benefit of 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 in court. DUTIES OF AN INQUEST OFFICER - Recommend the release of the person arrested or detained - Note down the disposition on the referral document - Prepare a brief memorandum indicating the reason for the action taken - Forward the same, together with the record of the case. PERSON TO CONDUCT PRELIMINARY INVESTIGATION - It may be conducted by the Inquest officer himself or by any other Assistant Prosecutor to whom the case may be assigned. Which investigation shall be terminated within (15) days from its inception INQUEST PROCEEDING - Affidavit of arrest - Investigation report - The statement of the complaint and witnesses - Other supporting evidence NOTE; - The affidavit of arrest and statement/affidavits of the complainant and the witnesses to be subscribed and sworn to before him by the arresting officer and the affiants. INSTANCES WHEN PRODUCTION OF A DETAINED PERSON BEFORE THE INQUEST OFFICER IS DIPENSED WITH; - If he is confined in a hospital - If he is detained in a place under maximum securityIf production of the detained person will involve security risks - If the presence of the detained person is not feasible by reason of age, health, sex and other similar factors. ARREST - It is the taking of a person into custody in order that he may bound to answer for the commission of an offense (Sec. 1 Rule 113) PERSON WHO ARE NOT SUBJECT TO ARREST - Senator or member of the house of representative or congressman if the imprisonment is not more than 6 years while congress is in session - The representatives of foreign states or foreign government you cannot arrest them because they are immune from the criminal jurisdiction of the country pursuant to a treaty obligation of the Philippines. - The arrest of duly accredited ambassadors, public ministers of a foreign country their duly registered domestics subject to the principle of reciprocity. HOW DO YOU MADE ARREST Arrest is either voluntary or the arresting officer putting an actual restraint of a person ARREST WITHOUT WARRANT, WHEN LAWFUL? - Accused is already in detention - Complaint or information was filed pursuant to a valid warrantless arrest - Has no penalty of imprisonment INSTANCES OF WARRANTLESS ARREST (1) Inflagrante delicto arrest is when in his presence, the person to be arrested has committed is actually committing or is attempting to commit an offense. (2) Doctrine of hot pursuit is when an offense has in fact been committed and the arresting person has probable cause to believe based on personal knowledge of facts and circumstances that the person to be arrested has committed. (3) Escapee in a penal institution is when the person to be arrested is a prisoner who has escaped from a penal establishment or a 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. - By actual restraint of the person to be arrested - By voluntary of his submission to the custody of the person making the arrest. PERIOD FOR OFFICERS TO DELIVER THE PERSON DETAINED UNDER ARTICLE 125 OF THE RPC - The person must be deliver to the judicial authorities within a perios specified in Article 125. - 12 hours - light penalties - 18 hours - correctional penalties - 36 hours - afflictive or capital penalties warrant of arrest RATIFICATION OF AN ILLEGAL ARREST - Motion to quash of the warrant of arrest because there was illegality in the arrest of the arrest. REQUISITES OF A VALID WARRANT OF ARREST - It is a legal process issued by a competent authority, directing the arrest of a person or persons upon the ground stated therein. - Only the judge can issue the warrant of arrest. PERIOD OF VALIDITY OF A WARRANT OF ARREST - There is no time limit is fixed for the validity of a warrant of arrest unlike in a search warrant, which is effective only for (10) days. It remains valid until arrest is effected or the warrant is lifted. It is lifetime unless it is revoke by the court which issued such warrant of arrest. PERIOD FOR OFFICERS TO DELIVER THE PERSON DETAINED UNDER ARTICLE 125 OF THE RPC - The person must be deliver to the judicial authorities within a perios specified in Article 125. - 12 hours - light penalties - 18 hours - correctional penalties - 36 hours - afflictive or capital penalties warrant of arrest RATIFICATION OF AN ILLEGAL ARREST - Motion to quash of the warrant of arrest because there was illegality in the arrest of the arrest. REQUISITES OF A VALID WARRANT OF ARREST - It is a legal process issued by a competent authority, directing the arrest of a person or persons upon the ground stated therein. - Only the judge can issue the warrant of arrest. PERIOD OF VALIDITY OF A WARRANT OF ARREST - There is no time limit is fixed for the validity of a warrant of arrest unlike in a search warrant, which is effective only for (10) days. It remains valid until arrest is effected or the warrant is lifted. It is lifetime unless it is revoke by the court which issued such warrant of arrest.
ANDAL, JAKELIMUEL L. 3C4 In this lesson I learned that in the “RESOLUTION OF INVESTIGATING PROSECUTOR” this is the output of the preliminary investigation after the submission of the parties of the complaint affidavit and the submission of the respondent of the counter affidavit. It consist of reply affidavit, and rejoin affidavit. After the submission of this affidavit, the investigator will prepare a resolution but the investigator will make that resolution only if he finds reason to hold the respondents for trial. In addition it was also mention about the duty of the investigating officer under oath shall certify the following which are: 1. He shall personally examined or interview and ask some proving questions to both of the complainant and the witnesses. 2. To determined reasonable ground to believe that the crime has been committed. 3. That the accused is probably guilty thereof. 4. That the accused was informed of the complaint and the evidence submitted against him; and 5. That he was given an opportunity to submit controverting evidence. Next is, when there is findings on the part of the investigating prosecutor to hold the respondents for a trial within 5 days from the issuance of his resolution, he will forward the record of the case to Provincial or City Prosecutor, or Chief state prosecutor or to the ombudsman or the deputy by the Sandigan Bayan in the exercise of its original jurisdiction. Also, when the investigating prosecutor makes a draft of resolution it is a merely recommendatory. This resolution needs the approval of the higher authority or provincial or city prosecutor or chief state prosecutor or the ombudsman or his deputy. Without these approval the resolution will not take its legal effect. In case when there are different findings between investigating prosecutor and superior prosecutor, the superior prosecutor can reverse the findings of the investigating prosecutor. Then in terms of the remedy that the aggrieve party may do from the resolution of the investigating prosecutor. They can file a verified petition for a review, it must be filed to the secretary of justice. It could be file within 15 days from receipt of the resolution or the denial motion of reconsideration. In addition, the secretary of justice can also reverse or modified the resolution of the provincial or city prosecutor or chief state prosecutor. The warrant of arrest may issue after the judge was satisfy for a ground to issue a warrant. But the judge can dismiss the case if the evidence failed to establish probable cause. But when he finds probable cause he can issue a warrant or a commitment order of the accused has already been arrested pursuant to warrant of arrest. In addition, in case of doubt the court could order the prosecutor to present additional evidence within 5 days from notice. Then the court will resolve the issue within 30 days from the filing of information. Then the cases that do not require preliminary investigation: 1. Having a penalty of less than 4yrs, 2months and 1 day of imprisonment. 2. When a person was arrested by the virtue of warrantless arrest. Arrest can be conducted on any day, at any time day or night. The arrest must be executed within 10 days upon its receipt. Failure to conduct it within the prescribe period should state the reasons therefore. Instances of a valid warrantless arrest: 1. Inflagrante delicto arrest 2. If the arresting officer have his personal knowledge and probable cause that the facts that the person must be arrested. (doctrine of hot persuit) 3. If the person to be arrested is an escapee prisoner.
RAMOS, DANIEL R. 3C4 Good Day Atty!!! This are the summary of what I’ve learned in this Video Recorded Lecture that you have uploaded further this lecture will serve us guide and basis… RESOLUTION OF INVESTIGATING PROSECUTOR If the investigating prosecutor finds cause to hold the defendant for trial, he shall prepare the resolution and information (sec. 4, Rule 112) (1). So the output in the preliminary investigation states therein after the submission of the parties of the complaint affidavit and the submission of the defendant or respondent of the counter affidavit. But, if the complainant wishes to file a reply affidavit that can also be allowed by the investigating prosecutor, and the last affidavit to file is a rejoinder or a reply affidavit. Furthermore after the submission of this affidavit, the investigating prosecutor will prepare a resolution and information if he finds reason or ground to hold the response for trial. THE INVESTIGATING OFFICER UNDER OATH SHALL CERTIFY THE FOLLOWING: (a) That he, or as shown by the record, an authorized officer, has personally examined, raise or interview some clarificatory question, probing questions to both the complainant and his witnesses; (b) That there is reasonable ground to believe that crime has been committed; (c) That the accused or respondents is probably guilty thereof (d) That the accused was informed of the complaint and of the evidence submitted against him; and - That he was allowed to submit controverting evidence. THE HIGHER AUTHORITY DEFINED AS: • It can be the provincial prosecutor or in case of cities with their own prosecutors than the city prosecutor or it can be forwarded as well to the chief state prosecutor or to the Ombudsman or his deputy in cases cognizable by Sandiganbayan in the exercise of its original jurisdiction. • Thus the duty and responsibility of the higher authority they shall act on the resolution within ten (10) days from their receipt thereof likewise shall immediately inform the parties of such actions. • In the case that the investigating prosecutor found ground or reason to hold the respondent for trial is to prepare a resolution. WITH REGARDS ON THE DIFFERENT THINGS BETWEEN INVESTIGATING PROSECUTOR AND SUPERIOR PROSECUTOR (a) If the investigating prosecutor finds no reason to hold the respondent for trial meaning to elevate the case to the courts then he will recommend the dismissal of the complaint. (b) On the contrary, since that resolution recommending the dismissal of the complaint is merely recommendatory the superior authority can reverse the findings of the investigating prosecutor and direct the investigating prosecutor to file information in court without the need of conducting a preliminary investigation. VERIFIED PETITION FOR REVIEW MEANS? (a) The complainant or the respondent or the parties to the case must have to sign the petition for review. (b) The party has read the contents of the petition and that the allegation is in are true and correct based on personal knowledge or on automatic records. REVERSAL OR MODIFICATION OF THE RESOLUTION OF THE PROVINCIAL OR CITY PROSECUTOR (a) If the provincial or city prosecutor can reverse the investigating prosecutor the secretary of justices can also reverse or modify the resolution of the provincial or city prosecutor or chief state prosecutor. It can renew the resolution of his subordinates even if the cases are file in court (b) The Secretary of justice may not order the court to dismiss the case even if he finds the absence of probable cause. Only the court of law will have exclusive power as to the disposition of the case. Once the information is filed in court, the court has exclusive jurisdiction or authority to dispose of the case. WHEN WARRANT OF ARREST MAY ISSUE - Within 10 days from the filling of the complaint or information, the judge shall personally evaluate the resolution of the prosecutor. - The judge will have to make a personal assessment of the complaint. The judge may not rely based on the resolution or complaint. He has to see it for himself. The judge will have to satisfy if there is really a ground for the issuance of a warrant of arrest. THERE ARE THREE OPTIONS OF THE JUDGE IN CASES HE RECEIVES THE INFORMATION THAT WILL MAKE A PERSONAL EVALUATION OF THE COMPLAINT AND THE EVIDENCE ADDUCED BY THE COMPLAINT AND HIS WITNESSES. (a) If there is no enough evidence, he can dismiss the case outright. (b) If there is evidence he can issue a warrant of arrest but if the accused had already been arrested, the court will issue a commitment order. Further If the accused had been arrest pursuant to a warrant of arrest or lawful arrest without the warrant or warrantless arrest. (c) In cases exists then he can order the prosecutor to present the additional evidence within 5 days and that must be resolve within 30 days from the time of the filling of the information. CASES NOT REQUIRING A PRELIMINARY INVESTIGATION (a) If the penalty imposable is less than 4 years, 2 months, and 1days it does not require preliminary investigation. (b). In the instances of warrantless arrest if the person has been arrested without a warrant of arrest then you do not conduct a preliminary investigation. In order to understand the word INQUEST it defined- it is 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 to determine whether or not that persons should remain under custody and corresponding be charged in court. (Sec. 1 DOJ Circular No. 61) ARREST it defined -it is the taking of a person into custody so that he may bound to answer for the commission of an offense (Sec. 1 Rule 113) THE PERSON WHO ARE NOT SUBJECT TO ARREST ARE THE FOLLOWING (a) You cannot arrest a senator or congressman if the imprisonment is not more than 6 years while congress is in session. (b) The representatives of foreign states or foreign government you cannot arrest them because they are immune from arrest the criminal jurisdiction of the country according to a treaty obligation of the Philippines. (c) The arrest of duly accredited ambassadors, public ministers of a foreign country their duly registered domestics subject to the principle of reciprocity. ARREST WITHOUT WARRANT, WHEN LAWFUL (a). Accused is already under detention (b) Complaint or information was filed according to a valid warrantless arrest (c) Has no penalty of imprisonment SOME INSTANCES WHERE WARRANTLESS ARREST IS VALID (a) In flagrante delicto - the commission of the crime must be done in the presence of the arresting person, the person to be arrested has committed, actually committing, or attempt to commit an offense. (b) Doctrine of hot pursuit (c) Escapee from a penal institution ARREST MADE BY OFFICER WITH WARRANT Arrest must be effected first before the search. If you conducted the search, first you have arrests a person based on such search then the arrest would not be valid and therefore any and all evidence obtained in violation of the constitutional right of the person will be inadmissible in evidence. Likewise, you need to have personal knowledge of the facts and circumstances that will constitute a reasonable belief that the person is committing a crime. However if you do not have personal knowledge that a person is committing a crime you cannot arrest otherwise the address will be invalid and whatever evidence obtained therein will be inadmissible in evidence and held liable for illegal arrest. in this regard, According to article 125 of the Revised Penal Code the police officer should immediately deliver the person arrested in the nearest police station for the purpose to avoid the violation of the prohibition as stated under article 125 such as 12 hours for light penalties, 18 hours -for correctional penalties and 36 hours - afflictive or capital penalties.
RESOLUTION OF INVESTIGATING PROSECUTOR - The investigating prosecutor must prepare the resolution and information if there is reason to hold the defendant for trial - This is the result of the preliminary investigation following the submission of the complaint affidavit by the parties and the counter affidavit by the defendant or respondent. The investigating prosecutor may, however, also permit the complainant to write a rejoinder or reply affidavit, which is the final affidavit to be filed. - The investigating prosecutor will write a resolution and information following the submission of this affidavit if he finds cause or grounds to hold the respondent for trial. THE INVESTIGATING OFFICER MUST CERTIFY THE FOLLOWING UNDER OATH: - That he, or as shown by the record, an authorized officer, has personally examined, raise or interview some clarificatory question, probing questions to both the complainant and his witnesses; - That there is reasonable ground to believe that crime has been committed; - That the accused or respondents is probably guilty thereof - That the accused was informed of the complaint and of the evidence submitted against him; and - That he was given an opportunity to submit controverting evidence. - In this case within five (5) days from the issuance his resolution, the investigating prosecutor shall forward the record of the case to the provincial or city prosecutor or chief state prosecutor, or to the Ombudsman or his deputy by the Sandiganbayan in the exercise of its original jurisdiction. - In the case that the investigating prosecutor found ground or reason to hold the respondent for trial what he will do was to prepare resolution. - Within 5 days from the preparation of this resolution he shall forward the record of the case to the higher authority.
Good day sir. Cabangon, Marvin V 3C1. This is the summary of Criminal Procedure part 6- ARREST. Here’s what I learn about this topic. Firstly the Who are the higher Authority? It can be the provincial prosecutor or in case of cities with their own prosecutors then the city prosecutor or it can be forwarded as well to the chief state prosecutor or to the Ombudsman or his deputy in cases cognizable by Sandiganbayan in the exercise of its original jurisdiction. They shall act on the resolution within ten (10) days from their receipt thereof and shall immediately inform the parties of such actions. What is verified petition for review? The complainant or the respondent or the parties to the case must have to sign the petition for review. The party has read the contents of the petition and that the allegation are in are true and correct based on personal knowledge or on automatic records. What happens when you elevate the case to the Secretary of Justice? They may moto proprio, reversal or modification of the resolution of the provincial or city prosecutor. If the provincial or city prosecutor can reverse the investigating prosecutor the secretary of justicescan also reverse or modify the resolution of the provincial or city prosecutor or chief state prosecutor. It can review the resolution of his subordinates even if the cases are file in court. What happens if the Secretary of Justice will order the dismissal of the case? Will the order of the Secretary binding in courts of law? No, The Secretary of justice may not order the court to dismiss the case even if he finds the absence of probable cause. Only the court of law will have exclusive power as to the disposition of the case. Once the information is filed in court, the court has exclusive discretion or authority to dispose of the case. In cases that you’ve lost your case in the Secretary of Justice, what remedy you can appeal? You can appeal your case before the office of the President. The decision of the Office of the President may be appealed before the court of appeals pursuant to Rule 43 of the Rules of Court. HIERARCHY City prosecutor office Secretary of Justice (DOJ) Office of the President(OP) Rule 43 NOTE: That the resolution of the ombudsman in administrative cases may be subject of a petition for review under rule 43 of the rules of court before the court of appeals or a special civil action for certiorari through rule 65 before the supreme court. Ombudsman - special prosecutor (only assigned in the violation of 3019 or the Anti-Graft and Corrupt Practices Act, violation of plunder law, commission of crimes by public official with a salary grade of 27 or high. Jurisdiction - with the Office of the Ombudsman. If administrative case, what you file is rules 43 petition for review, you file it with court of appeals. If it is a criminal case, you file it before the Supreme Court and then what you file is petition for certiorari under rule 65 of the Rules of Court. EFFECT OF THE FILINH OF A PETITION FOR REVIEW BEFORE THE DOJ IF THE INFORMATION WAS ALREADY FILED IN COURT. Should the information be already filed in court but the accused filed a petition for review of the findings of the prosecutors with the DOJ, the court is bound to suspend the arraignment of the accused for a period not exceeding 60 days. WHEN WARRANT OF ARREST MAY ISSUE. Upon receipt of the court of the resolution and information and the records of the case within 10 days from the filling of the complaint or information, the judges shall personally evaluate the resolution of the prosecutor. In conducting the evaluation of the resolution the judge shall look into supporting evidence. The judge will have to make a personal assessment of the complaint. The judge may not rely on the basis of the resolution or complaint. He has to see it for himself. The judge will have to satisfy if there is really a ground for the issuance of a warrant of arrest.. CASES NOT REQUIRING A PRELIMINARY INVESTIGATION.If the penalty imposable is less than 4 years, 2 months and 1days it does not require preliminary investigation. WARRANTLESS ARREST -If the person has been arrested without a warrant of arrest then you do not conduct preliminary investigation what we conduct is an inquest proceeding. INSTITUTION OF CASES WHEN PRELIMINARY INVESTIGATION IS NOT REQUIRED- Filed the case directly to the prosecutor. Filed the complaint or information directly to municipal trial court. INSTANCES WHEN AMENDMENT OF AN INFORMATION DOES NOT WARRANT A NEW PRELIMINARY INVESTIGATION- Amendment to information is not substantial. The court orders the filing of correct information involving a cognate offenses. If the crime originally charged is related to the amended charge such that an inquiry into one would elicit substantially the same facts that an inquiry to another would reveal. Next topic is about the INQUEST- It is an informal and summary investigation conducted by a public prosecutor in criminal cases involving person arrested and detained without the benefit of 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 in court. DUTIES OF AN INQUEST OFFICER- recommend the release of the person arrested or detained. Note down the disposition on the referral document. Prepare a brief memorandum indicating the reason for the action taken. Forward the same, together with the record of the cases. PERSON TO CONDUCT PRELIMINARY INVESTIGATION- It may be conducted by the Inquest officer himself or by any other Assistant Prosecutor to whom the case may be assigned. Which investigation shall be terminated within (15) days from its inception Another topic that has been discussed is the arrest- It is the taking of a person into custody in order that he may bound to answer for the commission of an offense (Sec. 1 Rule 113). PERSON WHO ARE NOT SUBJECT TO ARREST- Senator or member of the house of representative or congressman if the imprisonment is not more than 6 years while congress is in session. The representatives of foreign states or foreign government you cannot arrest them because they are immune from the criminal jurisdiction of the country pursuant to a treaty obligation of the Philippines.The arrest of duly accredited ambassadors, public ministers of a foreign country their duly registered domestics subject to the principle of reciprocity. HOW DO YOU MADE ARREST- Arrest is either voluntary or the arresting officer putting an actual restraint of a person. ARREST WITHOUT WARRANT, WHEN LAWFUL? Accused is already in detention. Complaint or information was filed pursuant to a valid warrantless arrest. Has no penalty of imprisonment In this part of discussion it tells about the INSTANCES OF WARRANTLESS ARREST (1) Inflagrante delicto arrest is when in his presence, the person to be arrested has committed is actually committing or is attempting to commit an offense. (2) Doctrine of hot pursuit is when an offense has in fact been committed and the arresting person has probable cause to believe based on personal knowledge of facts and circumstances that the person to be arrested has committed. (3) Escapee in a penal institution is when the person to be arrested is a prisoner who has escaped from a penal establishment or a 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. AARREST MADE BY THE OFFICER WITH WARRANT GENERAL RULE: No violence or unnecessary force in making arrest. The person arrested shall not be subject to a greater restraint than is necessary for his detention. EXCEPTION: If necessary to secure and detain thee offender, overcome his resistance prevent his escape recapture him and protect himself from bodily harm. However, do not abuse the authority given. *An officer may break into the building or enclosure to effect an arrest provided that: The person to be arrested is or reasonably believed to be in the said building The officer has announced his authority and purpose for entering therein He has requested and been denied admittance. *Object subjected to confiscation from the person arrested Objects subject of the offense or used or intended to be used in the commission of the crime Objects which are fruits of the crime Those which might be used by the arrested person to commit violence or to escape Dangerous weapons ARREST MADE BY OFFICER WITH WARRANT Arrest must be effected first before the search it should not be the other way around. If you conducted the search, first you have arrests a person on the basis of such search then the arrest would not be valid and therefor any and all evidence obtained in violation of the constitutional right of the person will be inadmissible in evidence. Reliable information alone is not sufficient to justify a warrantless arrest under (Sec. 5, Rule 113) You need to have a personal knowledge of the facts and circumstances that will constitute a reasonable belief that the person is committing a crime. If you do not have personal knowledge that a person is committing a crime you cannot arrest otherwise the arrest will be invalid and whatever evidence obtained therein will be inadmissible in evidence and you can be held liable for illegal arrest. GENERAL RULE: No peace officer or person has the power or authority to arrest anyone without a warrant except in those cases expressly authorized by law as mentioned above. REQUISITES OF A VALID WARRANT OF ARREST It is a legal process issued by a competent authority, directing the arrest of a person or persons upon the ground stated therein. Only the judge can issue the warrant of arrest. Overall this topic is interesting and very related to the course. Thank you sir. More power. God bless po.
JAVIER, KAYCE R. 3C1 Thank you Sir for the lesson today! This comment will be served as my summary notes in Criminal Procedure RESOLUTION OF INVESTIGATING PROSECUTOR If the investigating prosecutor finds cause to hold the defendant for trial, he shall prepare the resolution and information (sec. 4, Rule 112) (1). This is the output in the preliminary investigation after the submission of the parties of the complaint affidavit and the submission of the defendant or respondent of the counter affidavit. However, if the complainant wishes to file a reply affidavit that can also be allowed by the investigating prosecutor, and the last affidavit to file is a rejoinder or a reply affidavit. (2). After the submission of this affidavit, the investigating prosecutor will prepare a resolution and information if he finds reason or ground to hold the response for trial THE INVESTIGATING OFFICER UNDER OATH SHALL CERTIFY THE FOLLOWING: (1) That he, or as shown by the record, an authorized officer, has personally examined, raise or interview some clarificatory question, probing questions to both the complainant and his witnesses; (2) That there is reasonable ground to believe that crime has been committed; (3) That the accused or respondents is probably guilty thereof (4) That the accused was informed of the complaint and of the evidence submitted against him; and - That he was allowed to submit controverting evidence. WHO IS THE HIGHER AUTHORITY? (1) It can be the provincial prosecutor or in case of cities with their own prosecutors than the city prosecutor or it can be forwarded as well to the chief state prosecutor or to the Ombudsman or his deputy in cases cognizable by Sandiganbayan in the exercise of its original jurisdiction. (2) They shall act on the resolution within ten (10) days from their receipt thereof and shall immediately inform the parties of such actions. (3) In the case that the investigating prosecutor found ground or reason to hold the respondent for trial is to prepare a resolution. DIFFERENT THINGS BETWEEN INVESTIGATING PROSECUTOR AND SUPERIOR PROSECUTOR (1) If the investigating prosecutor finds no reason to hold the respondent for trial meaning to elevate the case to the courts then he will recommend the dismissal of the complaint. (2) However, since that resolution recommending the dismissal of the complaint is merely recommendatory the superior authority can reverse the findings of the investigating prosecutor and direct the investigating prosecutor to file information in court without the need of conducting a preliminary investigation. WHAT IS A VERIFIED PETITION FOR REVIEW? (1) The complainant or the respondent or the parties to the case must have to sign the petition for review. (2) The party has read the contents of the petition and that the allegation is in are true and correct based on personal knowledge or on automatic records. REVERSAL OR MODIFICATION OF THE RESOLUTION OF THE PROVINCIAL OR CITY PROSECUTOR - If the provincial or city prosecutor can reverse the investigating prosecutor the secretary of justices can also reverse or modify the resolution of the provincial or city prosecutor or chief state prosecutor. It can renew the resolution of his subordinates even if the cases are file in court - The Secretary of justice may not order the court to dismiss the case even if he finds the absence of probable cause. Only the court of law will have exclusive power as to the disposition of the case. Once the information is filed in court, the court has exclusive jurisdiction or authority to dispose of the case. WHEN WARRANT OF ARREST MAY ISSUE - Within 10 days from the filling of the complaint or information, the judge shall personally evaluate the resolution of the prosecutor. - The judge will have to make a personal assessment of the complaint. The judge may not rely based on the resolution or complaint. He has to see it for himself. The judge will have to satisfy if there is really a ground for the issuance of a warrant of arrest. CASES NOT REQUIRING A PRELIMINARY INVESTIGATION (1) If the penalty imposable is less than 4 years, 2 months, and 1days it does not require preliminary investigation. (2). In the instances of warrantless arrest if the person has been arrested without a warrant of arrest then you do not conduct a preliminary investigation. INQUEST - it is 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 to determine whether or not that persons should remain under custody and corresponding be charged in court. (Sec. 1 DOJ Circular No. 61) ARREST -it is the taking of a person into custody so that he may bound to answer for the commission of an offense (Sec. 1 Rule 113) PERSON WHO ARE NOT SUBJECT TO ARREST (1) You cannot arrest a senator or congressman if the imprisonment is not more than 6 years while congress is in session. (2) The representatives of foreign states or foreign government you cannot arrest them because they are immune from arrest the criminal jurisdiction of the country according to a treaty obligation of the Philippines. (3) The arrest of duly accredited ambassadors, public ministers of a foreign country their duly registered domestics subject to the principle of reciprocity. ARREST WITHOUT WARRANT, WHEN LAWFUL 1. Accused is already under detention 2. Complaint or information was filed according to a valid warrantless arrest 3. Has no penalty of imprisonment INSTANCES OF VALID WARRANTLESS ARREST 1. In flagrante delicto - the commission of the crime must be done in the presence of the arresting person, the person to be arrested has committed, actually committing, or attempt to commit an offense. 2. Doctrine of hot pursuit 3. Escapee from a penal institution ARREST MADE BY OFFICER WITH WARRANT - Arrest must be effected first before the search. If you conducted the search, first you have arrests a person based on such search then the arrest would not be valid and therefore any and all evidence obtained in violation of the constitutional right of the person will be inadmissible in evidence. - You need to have personal knowledge of the facts and circumstances that will constitute a reasonable belief that the person is committing a crime. If you do not have personal knowledge that a person is committing a crime you cannot arrest otherwise the address will be invalid and whatever evidence obtained therein will be inadmissible in evidence and held liable for illegal arrest. PERIOD FOR OFFICERS TO DELIVER THE PERSON DETAINED UNDER ARTICLE 125 OF THE RPC 12 hours - light penalties 18 hours - correctional penalties 36 hours - afflictive or capital penalties
SEMPIO JOSE MARI C 3C3 DONE WATCHING SIR In this video lecture I've learned, about the excellence between admission and confession, when there's admission the party declaring a fact against the acussed person. An admission may be made by a 3rd person while confession is made only by the party himself. silence may be considered as a yes answer within the rules of evidence. Confession are often judicial it's made during the course of an endeavor or extrajudicial it's made out side the court.corpus delicti means body of the crime.
MITRA, ANDREA MAE E 3C4 Good day Atty. Thank you for this lecture, these are the summary of what I’ve learned: * Resolution of the Investigating Prosecutor - Where the investigating prosecutor recommends the dismissal of the complaint but his recommendation is disapproved by the provincial or city prosecutor or chief state prosecutor or the Ombudsman or his deputy on the ground that a probable cause exists, the latter may, by himself, file the information against the respondent, or direct any other assistant prosecutor or state prosecutor to do so without conducting another preliminary investigation. If upon petition by a proper party under such rules as the Department of Justice may prescribe or motu proprio, the Secretary of Justice reverses or modifies the resolution of the provincial or city prosecutor or chief state prosecutor, he shall direct the prosecutor concerned either to file the corresponding information without conducting another preliminary investigation or to dismiss or move for dismissal of the complaint or information with notice to the parties. The same rule shall apply in preliminary investigations conducted by the officers of the Office of the Ombudsman. After having filed the information, the prosecutor is called upon to prosecute the case in court. It has been said that at this stage, unlike judges who are mandated to display cold neutrality in hearing cases, the prosecutors are not required to divest themselves of their personal convictions and refrain from exhibiting partiality. But while he may strike hard blows, he is not at liberty to strike foul ones. * Cases requiring Preliminary Investigation - Except as provided in Section 7 of this Rule, a preliminary investigation is required to be conducted before the filing of a compliant or information for an offense where the penalty prescribed by law is at least four (4) years, two (2) months and one (1) day without regard to the fine. * Inquest is the procedure to determine whether an individual arrested without a warrant will be released on account of a dismissal of charges, released for further preliminary investigation proceedings, or charged in court. Under the DOJ Office Order, E-Inquest -- defined as a virtual conduct of inquest using any online platform -- may be conducted by participating Prosecutor's Offices * Arrest, how made - The general rule is that to make an arrest, the police must obtain an arrest warrant. However, if an officer has probable cause to believe that a crime has been committed, and there is no time to obtain a warrant, the officer may make a warrantless arrest. * Under the Rules of Court, Rule 113, Section 5, a warrantless arrest, also known as "citizen’s arrest," is lawful under three circumstances: When, in the presence of the policeman, the person to be arrested has committed, is actually committing, or is attempting to commit an offense. This is the "in flagrante delicto" rule. 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. This is the "hot pursuit" arrest rule. When the person to be arrested is a prisoner who has escaped from a penal establishment. If a person has been arrest without a warrant of arrest it does not need preliminary investigation, you may go for inquest. * Article 125. Delay in the delivery of detained persons to the proper judicial authorities. - The penalties provided in the next preceding article shall be imposed upon the public officer or employee who shall detain any person for some legal ground and shall fail to deliver such person to the proper judicial authorities within the period of; twelve (12) hours, for crimes or offenses punishable by light penalties, or their equivalent; eighteen (18) hours, for crimes or offenses punishable by correctional penalties, or their equivalent and thirty-six (36) hours, for crimes, or offenses punishable by afflictive or capital penalties, or their equivalent. In every case, the person detained shall be informed of the cause of his detention and shall be allowed upon his request, to communicate and confer at any time with his attorney or counsel. (As amended by EO 59 and 272, Nov. 7, 1986 and July 25, 1987, respectively).”
Centilles, Joshua M. 3C4 BS-Criminology Resolution of Investigating Prosecutor -if the investigating prosecutor finds cause to hold the defendant for trial, he shall prepare the resolution and information (sec. 4, rule 112) If the complainant wishes to file reply affidavit that can also be allowed by the inbestigating prosecutor, the last affidavit to be filed is a reply affidavit. Resolution of Investigating Prosecutor -The investigating officer under oath shall certify the following, 1. The he, or shown by the record, an authorized officer, has personally examined the complainant and his witnesses; 2. That there is reasonable ground to believe that crime has been committed; 3. That the accused is probably guilty thereof; 4. That the accused was informed of the complaint and of the evidence submitted against him; and 5. That he was given an opportunity to submit controverting evidence (sec.4, rule 112). Now that there is a finding on the part of the investigating prosecutor What does the investigating prosecutor will do is to forward the record of the case to the provincial or city prosecutor or chief state prosecutor or to the ombudsman or his deputy by the Sandiganbayan in the exercise of its original Jurisdiction. The resolution of the investigating prosecutor is merely recommandatory. If the investigating prosecutor finds no reason to hold the respondent for trial meaning to elevate the case to the courts, then he will recommend dismissal of the complaint. Remedy of the aggrieved party from the resolution of the investigsting prosecutor. - if the complaint has been dismissed, the complainant can exercise some remedies. 1. An aggrieved party may appeal by filing a verified petition for review with the Secretary of Justice, incase you lost your case in the City Prosecutor the remedy is filed a petition for review with the Secretary of Justice. What happens when you elevate the case to the Secretary of Justice? The SJ may may motu proprio reverse or modify the resolution of Provincial or City prosecutor or chief state prosecutor. The secretary of justice exer ises the power of direct control and supervisions over prosecutors, and may thus affirm, nullify, reverse or modify their rulings. When warrant of arrest may issue - Within 10 days from the filing of complaint or information, - the judge shall personally evaluate the resolution of the prosecutor - In conducting the evaluation of the resolution, the judge shall look into supporting evidence. (Sec. 5, rule 112). Options of the judge upon the filing of an information - Dismiss the case if the evidence on record clearly failed to establish probable cause; - if he or she finds probable cause, issue a warrant of arrest or issue a commitment order of the accused has already been arrested pursuant to a warrant of arrest or lawfully arrested without warrant. Cases not requiring preliminary investigation -When penalty prescribed by law for the offense involves an imprisonment of less than 4 years, 2 months and 1 day; If a person arrested lawfully without a warrant involving an offense which requires preliminary investigation. Institution of cases when preliminary investigation is not required 1. By filing the complaint directly with the prosecutor, or 2. By filing the complaint or information with the MTC. Remedies of the accused when there was no preliminary investigation Period to properly question the lack of preliminary investigation. -the accused must do so before he enters his plea. - the court shall resolve the matter as early as practicable but not later than the start of the trial. -Failire to invoke the right before entering a plea will amount to a waiver. Inquest- An inquest proceeding is an informal and summary investigation conducted by a public prosecutor. in criminal cases involving persons arrested and detained without the benefit of warrant of arrest issued. Duties of an inquest officer is to determine if the arrest of the detained person was valid. Should the Inquest officer find that the arrest was not made in accordance with the rules, he shall; 1. Recommend the release of the person arrested or detained; 2. Note down the disposition on the referral document. Inquest proceeding 1. Affidavit of arrest; 2. Investigation report; 3. The statement of the complainant and witnesses; and 4. Other supperting evidence gathered by the police in the course of tha latter's INvestigation of the criminal incident involving the arrested or detained person. Arrest - Is the taking of the person into custody in order that he may be bound to answer for the commission Of an offense (sec.1, rules 113). Persons who are NOT subject to arrest. A senator or the member of the House of representatives shall, in all offenses Punishable by not more than 6 years of imprisonment, be privileged from arrest while congress is in session. The arrst of duly accredited ambassadors, public ministers of a foreign country, their duly registered domestics, subject to the principle of Reciprocity. Arrest, How made It is made by an actual restraint of a person to be arrested, or by his submission to the custody of the person making the arrest. NOTE: arrest may be made on any day, at any time of the day or night. An arrest is made by an actual restraint of a person to be arrested, or by his submission to the custody of the person making the arrest. No violence or unnecessary force shall be used in making an arrest. The person arrested shall not be subject to a greater restraint than is necessary for his detention. Arrest without warrant, when lawful -accused is already under detention -Complaint or information was filed pursuant to a valid warrantless arrest; and - complaint or information is for an offense penalized by fine only. Instances of valid warrantless arrest When, in the presence of the policeman, the person to be arrested has committed, is actually committing, or is attempting to commit an offense. This is the "in flagrante delicto" rule. 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. This is the "hot pursuit" arrest rule. When the person to be arrested is a prisoner who has escaped from a penal establishment. Amount of force to be used in making an arrest- no violence or unecessary force shall be used in making an arrest. The person subjected shal not be subject to a greater restraint than is necessary for his detention. Object subject to confiscation from the person arrested. 1. Objects subject of the offense or used or intended to be used in a commission of the crime. 2. Objects which are fruits of the crime. 3. Those which might be used by the arrested person to commit violence or to escape; and 4. Dangerous weapons amd those which may be used as evidence in case. Arrest must precede the search, the process cannot be reversed. Elements of hot pursuit. This is also known as a hot pursuit arrest. To be valid, first, there must be probable cause; second, the crime has just been committed, and third, that the person making the warrantless arrest has personal knowledge of facts or circumstances that the person to be arrested has committed it. Obligstion of the arresting officer after the warrantless arrest. - the arresting officer must comply with the provisions of article 125 of the RPC, otherwise, he may be held criminally liable for arbitrary detentuon under article 124, RPC. Period for officers to deliver the person detained under Art. 125 of thr RPC. 1. 12 hours - light penalty 2. 18 hours - correctional penalties 3. 36 hours - afflictive or capital penalties. Probable Cause - The determination of probable cause needs only to rest on evidence showing that more likely than not, a crime has been committed and there is enough reason to believe that it was committed by the accused.
MANTO, KYLA M. 3C2 The summary of what I've learned: In the resolution of investigation prosecutor, the investigating prosecutor may finds cause to hold a defendant for trial, that he shall prepare a resolution or information according to Sec. 4 Rule 112. Also, the resolution of investigating prosecutor is recommendatory with approval of higher authority. Different findings between the investigating prosecutor and superior prosecutor: -When the investigating recommends the dismissal of the complaint but his findings are reversed by the superior, prosecutor or ombudsman on the ground that the probable cause exist. The prosecutor by himself filed the information against the respondent. Remedy of the aggrieved party from the resolution of the investigating prosecutor: - That in case you lose in the city prosecutor then you can filed a verified petition for review and file in the secretary of justice. Also the period of time can file a petition is within 15 days from receipt of the assailed resolution. Reversal or modification of the resolution of the provincial or city prosecutor: -When you elevate the case the secretary of justice may motu proprio reverse or modify the resolution of provincial or city prosecutor or chief state prosecutor. -Secretary of justice may not order the court to dismiss the case even even if he finds the absence of probable cause. Remedy of an aggrieved party against resolution on the secretary of justice: - It can appeal your case before the office of the president and the case appealed secretary of justice. It can or you can appeal to the office of the president but if you lose in the office of the president the decision of the office of president may be appealed before the court of appeals pursuant to Rule 43 of the Rules of Court. Remedy of an aggrieved against resolution on the ombudsman: -Ombudsman is the special prosecutor (only assigned in the violation of 3019 or the Anti-Graft and Corrupt Practices Act, violation of plunder law, commission of crimes by public official with a salary grade of 27 or high.) -The resolution of the ombudsman in the administrative cases may be subject of petition review. Effect of filing of a petition for review before the DOJ if the information was already filed in court: - The information should already be filed in court but the accused filed a petition for review of the findings of the prosecutor with the DOJ, the court may bound to suspend the arraignment of the accused for a period not exceeding 60 days. To be entitled in a suspension for the period of 60 days but it cannot longer 60 days. When warrant of arrest may issue: -Within 10 days from filing of the complaint or information then the judge shall personally evaluate the resolution of the prosecutor. And in conducting evaluation of the resolution the judge shall look into supporting evidence. -The judge will make a personal assessment of the complaint, but may not rely only on the basis of the resolution or complaint, he has to see it for himself. Also, the judge will have to satisfy if there is really a ground for the issuance of a warrant of arrest. There are three options of the judge in cases he receives the information that will make a personal evaluation of the complaint and the evidence adduced by the complaint and his witnesses: (1) If there is no enough evidence, he can dismiss the case outright. (2) If there is evidence he can issue a warrant of arrest but if the accused had already been arrested, the court will issue a commitment order. If the accused had been arrest pursuant to a warrant of arrestbor lawful arrest without the warrant or warrantless arrest. (3) In cases exists then he can order the prosecutor to present the additional evidence within 5 days and that must be resolve within 30 days from the time of the filling of the information. Cases not requiring a preliminary investigation: -If the penalty impossable is less than 4 years, 2 months and 1days it does not require preliminary investigation. -Under warrantless arrest - if the person has been arrested without a warrant of arrest then you do not conduct preliminary investigation. - If the complaint is filed with the prosecutor, the prosecutor shall act on the complaint based on the affidavits and other supporting documents submitted by the complaint within 10 days of its filing. Institution of cases when preliminary investigation is not required: - Filing the complaint directly to the prosecutor. - Filing the complaint or information with the MTC. Remedies of the accused if there was no preliminary investigation: - The court cannot be dismiss the complaint on this ground, and it should conduct the investigation or order by the fiscal or lower court to do it considering the inquest investigation conducted by the state prosecutor is null and void. Inquest: - Is an informal and summary investigation conducted by a public prosecutor in criminal cases involving person arrested and detained without the benefit of warrant of arrest issured by the court for the purpose of determining whether or not said persons should remain under custody and correspondingly be charged in court. Duties of inquest officer: -Recommend the release of the person or detained. -Note down the disposition on the referral document. -Prepare a brief memorandum indicating the reasons action taken. -Forward record of case. Person to conduct preliminary investigation: -Conducted by the inquest officer or by another assistant prosecutor. Arrest under Rule 113: -Taking a person into the custody in order that he may be bound to answer for the commission of an offense. How arrest made: - The head of the office whom the warrant was delivered must cause it to be executed within 10 days from receipt. The method of arrest: - By actual restraint of the person to be arrested. -By his submission to the custody of the person making the arrest.
VIOLANDA, VENUS M. 3C2 In this video recorded lecture, I've learned that if the researching examiner discovers a cause to hold the litigant for preliminary, he will set up the goal and data. the obligation of the researching examiner is to look at he will individually analyze, meeting or bring up some explanation issues or demonstrating questions to both grumbling and his observers. the exploring investigator will do is to advance the record of the case to the commonplace examiner or boss investigator or to the ombudsman or his appointee by the sandigang bayan in the activity of its unique investigator. within 5 days from the preparation of this resolution he shall forward the record of the case to a higher authority ( provincial prosecutor, the city prosecutor or chief state prosecutor, ombudsman) -in case that the investigating prosecutor will draft a resolution that draft is merely re-commendatory it means that it is not final. -the higher authority can reverse the investigating prosecutor in order to file information in court. -the verified petition for the review will be filed with the secretary of justice. -ombudsmen are the special prosecutors who are assigned in violation of 3019 the violation of the plunder law, no commission of crimes by a public official with a salary grade of 27 or higher and jurisdiction. Instances when an amendment of information does NOT warrant a new preliminary investigation (1) Amendment to information is not substantial (2) the court orders the filing of correct information involving a cognate offense (3) crime originally charge is relaxed to the amended charge -the accused may file his preliminary investigation before he enters his play. failure in entering a plea will amount to a waiver. An examination is a casual and rundown examination led by a public investigator in criminal cases including people captured and confined without the advantage of a warrant of capture gave by the court to decide not said people ought to stay under the authority and charge in court. The examination official will, similarly as practicable, cause the oath of capture and proclamations of the complainant and the observer to be bought in before him capturing the official. Arrest (Rule 113) is arresting an individual altogether that he might undoubtedly respond in due order regarding the commission of an offense. the capture might be made on any day whenever of the day or night. the strategy for capture (1) by a genuine restriction of the individual to be captured (2) by his accommodation to the authority of the individual making the capture. continuously remember, Do not utilize viciousness or superfluous power in influencing the capture.
Balasbas Julius L. 3c2 Good day sir, this is the summary of what i have learned on this video. *Resolution of investigating prosecutor, the investigating prosecutor may finds cause to hold a defendant for trial shall prepare a resolution or information according to Sec. 4 Rule 112. *The resolution of investigating prosecutor is recommendatory with approval of higher authority. *The Secretary of justice may not order the court to dismiss the case even if he finds the absence of probable cause. *Only the court of law will have the power as to the disposition of the case. Once the information is filed in court, the court has exclusive jurisdiction or authority to dispose the case. Remedy of an aggrieved party against a resolution of the secretary of justice *You can appeal your case before the office of the President. The decision of the Office of the President may be appealed before the court of appeals pursuant to Rule 43 of the Rules of Court. Remedy of an aggrieved party against the resolution of Ombudsman *Ombudsman - special prosecutor (only assigned in the violation of 3019 or the Anti-Graft and Corrupt Practices Act, violation of plunder law, commission of crimes by public official with a salary grade of 27 or high. *jurisdiction - with the Office of the Ombudsman When warrant of arrest may issue *Within 10 days from the filling of the complaint or information, the judge shall personally evaluate the resolution of the prosecutor. *the judge will have to make a personal assessment of the complaint. The judge may not relt on the basis of the resolution or complaint. He has to see it for himself. The judge will have to satisfy if there is really a ground for the issuance of a warrant of arrest. There are three options of the judge in cases he receives the information that will make a personal evaluation of the complaint and the evidence adduced by the complaint and his witnesses. 1. If there is no enough evidence, he can dismiss the case outright. 2.If there is evidence he can issue a warrant of arrest but if the accused had already been arrested, the court will issue a commitment order. If the accused had been arrest pursuant to a warrant of arrestbor lawful arrest without the warrant or warrantless arrest. 3. In cases exists then he can order the prosecutor to present the additional evidence within 5 days and that must be resolve within 30 days from the time of the filling of the information. Cases not requiring a preliminary investigation: - if the penalty impossable is less than 4 years, 2 months and 1days it does not require preliminary investigation.
RIVERA, MARY ROSE H. 3C4 Good day sir. Thank you for the lecture. This is the summary of what I've learned in this discussion. In this discussion it includes some important portion of preliminary investigation. First we have resolution of investigating prosecutor. The prosecutor prepare the resolution and information if he finds cause to hold the defendant for trial that was according to sec. 4 of rule 112. Which is the output of preliminary investigation. After the submission of the parties of complaint affidavit and submission of the defendant of counter affidavit and the complainant wants to file a reply affidavit it can also be allowed by the investigating prosecutor. The last affidavit to be filed is the reply affidavit. As mentioned above the investigating prosecutor shall filed resolution and information if he find the mentioned reason. The resolution of investigating prosecutor is under oath and certify the following: That he or she, or as shown by the record, an authorized officer, has personally examined the complainant and his witness, that there is a reasonable ground to believe that crime has been committed, that the accused is probably guilty thereof, that the respondent informed of the complaint and of the evidence submitted against him and that he has given an opportunity to submit controverting evidence. Additional, within five days of the issuance of the resolution, if there is a finding in the part of investigating prosecutor to hold the respondent for trial, the investigating prosecutor may forward the record of the case to the provincial or city prosecutor or chief state prosecutor, or to the Ombudsman or his deputy by the Sandiganbayan in the exercises of its original jurisdiction. They shall act on the resolution within ten days from receipt thereof and immediately inform the parties of such action. Take note: That in case the investigating prosecutor will draft a resolution, that draft is merely recommendatory. No complaint or information may be filed or dismissed by an investigating prosecutor without the written authority or approval of the provincial or city prosecutor or chief star prosecutor or the Ombudsman or his deputy. Without the approval of the following higher authorities the resolution were not takes it legal effect. In case that there are different findings between the investigating prosecutor and superior prosecutor, the superior prosecutor may by himself, file the information against the respondent, or direct another assistant prosecutor to do so without conducting another preliminary investigation. If the investigating prosecutor finds no grounds to hold the respondent for trial or to elevate the case to the court then he may recommend the dismissal of the complaint the superior authority can reverse the findings of investigating prosecutor and direct the investigating prosecutor to filed the information in court. Remedy of the aggieved party from the resolution of investigating prosecutor. In case you lose your case in the city prosecutor you can file a verified petition for review and file it in the secretary of justice. The period of time which you can file your petition for review in 15 days from the date of the receipt of the resolution. No even if you have elevated to matter on appeal the filing of the information in court is suspended. The investigating prosecutor will issue a resolution and then he shall forward the resolution together with the records of the case to the higher authority. Reversal of modification of the resolution of the provincial or city prosecutor. The secretary of justice can also reverse or modify the resolution of the provincial or the chief state prosecutor. The secretary of justice may not order the court to dismiss the case even if he finds the absence of probable cause. Remedy of in aggrieved party against a resolution on the secretary of justice. You can appeal your case before the office of the president and in the case of appeal secretary of justice you can appeal to the office of the president and if you lose in the office of the president the decision of the office of the president may be appealed before the art of appeals pursuant to rule 43 of the rules of court. Remedy of an aggrieved party against the resolution of the Ombudsman.They are the special prosecutors, they are only assigned in violating of 3019 anti-graft and practices act, the plunder law, commission of crimes by a public official with a salary grade of 27 or higher. If you filed a admin case, you file is rule 43, Petition for review file it with CA and if it is criminal case you file it before the supreme court and file petition for certiorari. Meanwhile, after preliminary investigation, information had already filed in court then the court will determine probable cause. Upon receipt of the court of the resolution, the information and the record of the case, within 10 days after filing a complaint or information the judge shall evaluate the resolution of the prosecutor. After the judge evaluate if he is satisfied that if there's really the ground of the issuance of warrant of arrest. There are two options of the judge upon filing of an information. 1) Dismissal of the case if there no sufficient evidence and 2)If he finds probable cause then the judge may issue warrant of arrest or commitment order of the accused, if the accused arrested pursuant to warrant of arrest or lawful arrest without warrant. 3) If there's a doubt in the kind of the judge even probable cause exist, he can order the prosecutor to present additional evidence within 5 days and may be resolved within 30 days from the time of filling the information. In case that the person was arrested without warrant of arrest or so called warrantless arrest then it was not required preliminary investigation, what we need to conduct is an inquest. Also if the person is arrest by the police officer in in flagrante delicto or caught in the act preliminary investigation also is not required. The process to institute a case when preliminary investigation is not required are: 1)filed the complaint directly to prosecutor, 2)filed the complaint and information with the MTC. INQUEST -is an formal summary investigation conducted by a public prosecutor involving a criminal case involving the persons arrested and detained without the benefits of warrant of arrest. The duties of inquest officer is determined if the arrest is valid if not recommended to release of a detained person and the disposition on the referral document. In inquest proceedings the matters included the referral document are affidavit arrest, investigation report and supporting evidence and instances when the production of a detained person is dispense with confined on hospital , under maximum security , involved security risk and if the presence of the detained person is not feasible by the reason of health, age, sex and other factors. ARREST RULE 113 Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of offense. Person who are not subjected to arrest.1)a Senator or a congressman if the imprisonment is not more than 6 years while congress is in session. 2) pursuant to Vienna convention those who are representative of foreign states or foreign government for the reason that they are immune for criminal jurisdiction of the country pursuant to the treaty obligation of the Philippines. Arrest may be conducted either voluntary surrender or the arresting officer may put actual restraint of a person. Arrest can be made at any day, any time of the day or a night time. The instances when warrant of arrest is not necessary are: 1) if the accused is already under detention, 2). A complaint or information was filed pursuant to a valid warrantless arrest; and 3) The accused is already under detention and then complaint or information is for an offense penalized by a fine only. Arrest without warrant is lawful when the person t be arrest is INFLAGRANTE DELICTO , When in his presence, the person to be arrested has committed is actually committing or is attempting to commit an offense, DOCTRINE OF HOT PURSUIT, When an offense has in fact been committed and the arresting person has probable cause to believe based on personal knowledge of facts and circumstances that the person to be arrested has committed,ESCAPEE IN A PENAL INSTITUTION, When the person to be arrested is a prisoner who has escaped from a penal establishment or a 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. Arrest made by officer with warrant must the arrest should effective first before search. Obligation of the arresting officer must comply with the provisions of article 125 of the RPC, otherwise, he may be held criminally liable for arbitrary detention under article 124 of the RPC. Jurisdiction over the person arrested must be transferred to the judicial authorities. Article 125 is a procedural requirement in case of warrantless arrest. PERIOD FOR OFFICERS TO DELIVER THE PERSON DETAINED UNDER ARTICLE 125 OF THE REVISED PENAL CODE 12 hours - light Penalties 18 hours - Correctional Penalties 36 hours - afflictive or Capital Penalties ARREST BY A PRIVATE PERSON 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 just been committed and he has probable cause to believe based on personal knowledge of facts and circumstances that the person to be arrested has committed it. PERIOD OF THE VALIDITY OF A WARRANT OF ARREST No time limit fixed for the validity of a warrant of arrest, unlike in a search warrant which is effective only for 10 days. It remain valid until arrest is effected or the warrant is lifted no there is no time limit a wallet .
REYES, ARJAY B 3C4 Good morning sir, thankyou for today's lecture about criminal procedure, what I learned in criminal procedure is process of criminal law. While criminal procedure differs dramatically by jurisdiction. RESOLUTION OF INVESTIGATING PROSECUTOR - What I learned in this topic is that if the investigating prosecutor finds cause to hold the respondent for trial, he shall prepare the resolution and information. He shall certify under oath in the information that he, or as shown by the record, an authorized officer, has personally examined the complainant and his witnesses; that there is reasonable ground to believe that a crime has been committed and that the accused is probably guilty thereof; that the accused was informed of the complaint and of the evidence submitted against him. What is Complain affidavit? -It refers to sworn statement prepared by someone who wishes to file a legal complaint, when a person brings a complaint affidavit to court with the intention of filing a civil suit. What is Counter Affidavit? - It refers to opposition to one already made; this is allowed in the preliminary examination of some cases. DIFFERENT FINDINGS BETWEEN THE INVESTIGATING PROSECUTOR AND SUPERIOR PROSECUTOR. -What I learned on this topic is, during a criminal case can be confusing to people not familiar with the scheme of criminal justice. The following summary will explain how a case generally progresses through Michigan's criminal justice system. Specific procedures may be modified by local courts or judges. What is agreed party? - It refers to, an agreement is made when two parties agree to something. REVERSAL OR MODIFICATION OF THE RESOLUTION OF THE PROVINCIAL OR CITY PROSECUTOR - I learned a lot on this topic, and this is the institution of the criminal action shall interrupt the running period of prescription of the offense charged unless otherwise provided in special laws. REMEDY OF AN AGGRIEVED PARTY AGAINST THE RESOLUTION OF AN OMBUDSMAN - here's what I learned on this topic is against businesses, financial institution, universities, government departments, or other public entities, and attempts to resolve the conflicts or concerns raised, either by mediation or by making recommendations. EFFECT OF THE FILING OF A PETITION FOR REVIEW BEFORE THE DOJ IF THE INFORMATION WAS ALREADY FILED IN COURT - I learned on this topic is the remedy of a motion for reconsideration is available to any of the parties. Such motion is considered part of due process in the preliminary investigation; however, only one motion for reconsideration shall be allowed. WHEN WARRANT OF ARREST MAY ISSUE - I learned about this topic is the complaint or one or more affidavits filed with the complaint establish probable cause to believe that an offense has been committed and that the defendant committed it, the judge must issue an arrest warrant to an officer authorized to execute it. CASES NOT REQUIRING A PRELIMINARY INVESTIGATION - I learned in this topic is If the complaint is filed with the prosecutor, the prosecutor shall act on the complaint based on the affidavits and other supporting documents submitted by the complainant within 10 days of its filing. REMEDIES OF ACCUSED IF THERE WAS NO PRELIMINARY INVESTIGATION - I have a lot of things I learned in this topic and one of this is the and court cannot dismiss the complaint on this ground, and it should instead conduct the investigation or order the fiscal or lower court to do it considering that the inquest investigation conducted by the state prosecutor is null and void. INQUEST - Inquest it refers to judicial inquiry in common law jurisdictions, particularly one held to determine the cause of a person's death. Conducted by a judge, jury, or government official, an inquest may or may not require an autopsy carried out by a coroner or medical examiner DUTIES OF AN INQUEST OFFICER - I learned in this topic is the informal and summary investigation conducted by the public prosecutor in a criminal case involving persons arrested and detained without the benefit of a warrant of arrest issued by the court for the purpose of determining whether said persons should remain under custody and correspondingly be charged. PERSON TO CONDUCT PRELIMINARY INVESTIGATION - I learned in this topic is the prosecutor leads the preliminary investigation from the point when a certain individual can be reasonably suspected of having committed the offence. INQUEST PROCEEDING - In this topic I learned the informal and summary investigation conducted by a public prosecutor. in criminal cases involving persons arrested and detained without the benefit of warrant of arrest issued. WHAT IS ARREST? - Based on my own knowledge arrest is about to act of apprehending and taking a person into custody, usually because the person has been suspected of or observed committing a crime. ARREST, HOW MADE - In this topic, I learned a lot of things like the police must obtain an arrest warrant. However, if an officer has probable cause to believe that a crime has been committed, and there is no time to obtain a warrant, the officer may make a warrantless arrest. METHOD OF ARREST - In this topic, I learned about person may arrest or cause to be arrested any person who in his presence commits a non-bailable and cognizable offence, or any proclaimed offender, and, without unnecessary delay, shall make over or cause to be made over any person so arrested to a police officer, or, in the absence of a police officer. PERIOD OF THE VALIDITY OF A WARRANT OF ARREST - I learned in this topic is about to It gives the individual the right to trade that company's shares at a certain price on or before a certain date. DETERMINATION OF THE EXISTENCE OF PROBABLE CAUSE - I learned in this topic about the facts and circumstances within the officers' knowledge, and of which they have reasonably trustworthy information, are sufficient in themselves to warrant a belief by a man of reasonable caution that a crime is being committed.
Monserrat, Maria Cecilia C. 3C1 Good Day Sir, This is the summary of what I've learned in this topic and lesson: RESOLUTION OF INVESTIGATION PROSECUTORS - It is if the investigating prosecutor finds cause to hold the defendant for trial he shall prepare the resolution and information according to Sec 4, Rule 112. - It also the output in preliminary investigation after the submission of the parties of complaint Affidavits and the submission defendant or responded of the counter affidavit. Then after the submission of the affidavit the Investigating prosecutor will prepare the resolution and information if fines reasons and grounds the respondent for trial. - The resolution of the investigating prosecutor is merely RECOMMENDATORY. DUTY OF INVESTIGATING PROSECUTOR · Shown a record that has personally examined the Complaint and witness like interview for clarification. · There is a reasonable ground believe that crime has been committed. · The accused is probably guilty. · The accused was informed for the complaint and evidence is submitter against him. · Given opportunity to submit controvert ting evidence. Note: No complaint or information may be filed or dismissed by investigating prosecutor without a prior written authority or approval from provincial or city prosecutor according to Sec 4, Rule 112. Note: - That If the investigating prosecutor find a ground to hold the respondent for trial they will prepare the RESOLUTION. And within 5 days the investigating officer shall forward the record of case to the provincial or city prosecutor or to the ombudsman or the deputy by the Sandigan Bayan in exercise the original Jurisdiction. RESOLUTION- needs approval pf higher authority DELIGATION- it must be done in prior written authority INVESTIGATING PROSECUTOR- recommends dismissal of the complaint SUPERIOR PROSECUTOR- the one who reversed that on the ground the probable cause exists. They will file the information against the respondent without conducting another preliminary investigation ( Se 4, Rule 112). Note: That if the investigating prosecutor fines no reason to hold the respondent for trial or evaluate the case to the courts then he will recommend dismissal of complaint. REMEDY OF AGGRIEVED PARTY FROM THE RESOLUTION OF INVESTIGATING PROSECUTOR · SECRETARY OF JUSTICE- person that have authority to verified to review the appeal by filling by the aggrieved party. The appeal was taken within 15 days from receipt of resolution. Note : that if the case was lost in the city or provincial prosecutor his remedy was to FILED A VERIED PETITION FOR REVEAL. · But if the case was lost in Secretary of Justice the remedy was can appeal the case before to the office pf President. VERIFIED PETITION REVIEW- it must be read, the complaint of respondent parties must have to sign for review. WHAT HAPPEN WHEN ELEVATE THE CASE TO THE SECRETARY OF JUSTICE? - The Secretary of Justice will · Motu Propio or modify the resolution of provincial or city prosecutor . · Review the resolutions of his subordinates in criminal case despite the information is being filed in court · Exercise the power of direct control and supervision over prosecutors and may affirms their rulings. NOTE: ONLY THE COURT OF LAW CAN ORDER TO DISMISS THE CASE. OMBUDSMAN- also called Special Prosecutor that only assign in the case or violation of 319” Anti graft from practices Act, Violation in Plunder law. ADMIN CASE- only filed Rule 43 or petition with Review, it is filed in the court of appeals CRIMINAL CASE- remedy was in the petition of sorciary. EFFECT OF FILLING A PETITION BEFORE THE DOJ IF THE INFORMATION WAS ALREADY FILED IN COURT · COURT IS BOUND TO SUSPEND THE ARRAIGNMENT OF THE ACCUSED FOR PERIOD OF NOT EXCEEDING 60 DAYS. WARRANT OF ARREST MAY ISSUE: · Within 10 days from filling of complaint r information. Judge can personally evaluate the resolution of the prosecutor. But judge during evaluation shall not look. Into supporting evidence. ‘”IN RULE NO EVIDENCE CASE WILL DISMISS” CASES THAT NOT REQUIRING A PRELIMINARY INVESTIGATION · Penalty by law for offense involves a imprisonment of less than 4 years, 2 months 1 day and below. · Person that arrested without warrant · Person arrested by Police officer In Flagrante Delicto while robbing . Penalty was 4 years 2montd and 1 day. HOW INSTITUTE CASES WHEN PRELIMINARY IS NOT REQUIRED · Filling the complaint directly with prosecutor · Filling Complaint with the MTC. INSTANCES WHEN AMMENDENT OF INFORMATION DOESS NOT WAREANT A NEW PRELIMINARY INVESTIGATION · It is ammend or change edit or revise the information. INSTANCES WHEN AMMENDENT OF INFORMATION WAREANT A NEW PRELIMINARY INVESTIGATION · Resolution or information filed in court has been approved by higher authority. INQUEST- informal and summary investigation conducted by the public prosecutor in criminal case involving persons arrested and detained without benefit of warrant of arrest issued by the court for purpose. INQUEST OFFICER - Determine the arrest of the detained person was valid - Find that arrest was not made in accordance with the rules., Recommend the release of person arrested, note down the disposition of document and prepare brief memorandum indicate the reasons for action taken. - Conduct preliminary investigation ARREST - Taking a parson into custody in order that he may bound to answer for ommission of case - Made on day at a y time of the day or night and made in actual restraint of person to be arrested. - ACCORDING TO GENERAL RULE “ No officer or person has a power to arrest anyone without warrant except by the law. PERSONS WHO NOT SUBJECT IN THE ARREST · SENATOR OR MEMBER OF HOUSE OF REPRESENTATIVES · MINISTERS, AMBASSADOR, PUBLIC MINISTERS AND OTHER CHIEF OF STATE. ARREST IS NOT NECESSARY WHEN ACCUSED IS UNDER DETENTION, COMPLAINT WAS FILED TO A VALID WARRANTLESS ARREST AND OFFENSE PENALIZED BY FINE . WARRANT OF ARREST- Legal process issued by the competent authority of a person upon grounds. PROBABLE CAUSE- facts or circumstances would deal a reasonably discreet to believe an offense that has been committed by person involved.
DELANTAR, KYLA MAE M. 3C2 Good day Atty. This is the summary of what I've learned: Resolution of investigating prosecutor If the investigating prosecutor finds cause to hold the defendant for trial, he shall prepare the resolution and information( Sec. 4,Rule 112). Resolution of Investigating Prosecutor The investigating officer under oath shall certify the following: That he, or as shown by the record, an authorized officer, has personally examined the complainant and his witnesess; That there is reasonable ground to belive that crime has been committed; That the accused is probably gulity thereof; That the accused was informed of the complaint and of the evidence submitted against hinm; and That he was given an opportunity to submit controvertinf evidence( Sec. 4, Rule 112). Within 5 days frkm the issuance his resolution, the investigating prosecutor shall forward of the case to the provincial or city prosecutor or chief state prosecutor or to the Ombudsman or his deputy by the Sandiganbayan in the exercise of its original jurisdiction. They shall actvon the resolution within ten days from their receipt thereof and shall immediately inform the parties oc such action. ( Section 4, rule 112). NO complaint or information may be filed orr dismissed by an investigating prosecutor without the prior writen authority or approval of the provincial or city prosecutor of chief of state prosecutor or the Ombudsman or his deputy. Different findings between the investigating prosecutor and superior prosecutor. When the investigating prosecutor recomends the dismissal of the complaint, but this findings are reversed by the " Superior" Prosecutor or Ombudsman on the ground that probable cause exists, the "superior" prosecutor or Ombudsman may by himself, file the information against the respondent, or direct another assistant prosecutor to do so without conducting another preliminary investigation. Remedy of the aggrieved party from the resolution of the Investigating Prosecutor. An aggrieved party may appeal by filling a verified petition for review with the Secretary of Justice and by furnishing copies thereof to the adverse party and prpsecution office issuing the appealed resolution. The appel shall taken within 15 days from reciept of the resolution or of the denial of the motion for reconsideration / reinvestigation if one has been filed within 15 days from receipt of the assailed resolution. Only one motion for reconsideration shall be allowed. When warrant of arrest may issue 1. Dismiss the case if the evidence on record clearly failed to establish probable cause; 2. If he or she finds probable cause, issue a warrant of arrest issue a commitment order of the accused has already been arrested pursuant for a warrant of arrest or lawfully arrested without warrant; and 3. In case of doubt as to the existence of probable cause, order to the prosecutor to present additional evidence within 5 (five) days from notice, the issue to be resolved by the court within 30 days from the filling of information.
PRIOL, DARWIN J. 3-C2 Good day sir, this is the summary that I've learned about this topic. Resolution of Investigating Prosecutor if the investigating prosecutor finds cause to hold the defendant for a trial he shall prepare the resolution and information. No complaint or information may be filed or dismissed by an investigating prosecutor without the written without the prior written authority or approval of the provincial or city prosecutor or state prosecutor or the ombudsman or his deputy. The decision of the prosecutor may be reviewed by the courts when he acts with brave abuse of discretion amounting to lack of jurisdiction. The appeals will be taken within 15 days from receipt of the resolution or the denial of the motion for the consideration or the investigation if one has been from receiving the sale resolution. Only one motion for a reconsideration is allowed. The remedy of the aggrieved party from the resolution of the investigating Prosecutor is to file an appeal. The resolution will not take its legal effect without the approval of this higher authority that will take place within 10 days from the issuance of the draft resolution. That there is a reasonable ground to believe that the crime has been committed. That the accused or respondent is probably guilty. The secretary of justice reverse or modify the resolution of the provincial or city prosecutor or chief state prosecutor. If the information was already filed in court but the accused filed a petition for review of the findings of the Prosecutors with the department of justice the court is bound to suspend the arraignment of the accused for a period not exceeding 60 days. The judge can dismiss the case if the evidence on record clearly failed to establish probable cause. If he or she finds probable cause the judge may issue warrant of arrest or issue a commitment order of the accusing if the accused had already been arrested pursuant to a warrant of arrest or lawful arrest. PERIOD FOR OFFICERS TO DELIVER THE PERSON DETAINED UNDER ARTICLE 125 OF THE REVISED PENAL CODE *12 hours - light Penalties *18 hours - Correctional Penalties *36 hours - afflictive or Capital Penalties ARREST BY A PRIVATE PERSON When the offender to be arrested is in his possession, he has committed, been committed and he has probable cause to conclude that the individual to be arrested committed it based on personal knowledge of facts and circumstances. PERIOD OF THE VALIDITY OF A WARRANT OF ARREST A warrant of arrest has no time limit on its validity, unlike a search warrant, which is only valid for 10 days.
BICOMONG,RYAN GIMEL M. 3C4 Good day sir This is the important points i learn from this topic To arrest is to take a person into the custody of the law in order for him to be bound for the commission of an offense (Section 1, Rule 113 of the Rules on Criminal Procedure). There are two types of arrest: (a) arrest with a warrant; and (b) a warrantless arrest. An arrest with a warrant presupposes that an affidavit-complaint was filed against the suspect (respondent) with the Office of the Prosecutor (or in certain exceptional cases with the Department of Justice), and it finds probable cause to charge him in court. The court separately finds probable cause for the issuance of a warrant of arrest against him. On the other hand, a warrantless arrest takes place when a person to be arrested is caught committing, about to commit or has just committed a crime. Regardless of the type of arrest, the person arrested will have to be brought to the nearest police station. In all cases, the taking of custody should not be subject to a greater restraint than which is necessary for the suspect’s detention. The officer may break into any building or enclosure where the person to be arrested is or is reasonable believed to be, if he is refused admittance; and he may also break out when necessary to liberate himself. A person arrested with a warrant is placed under the jurisdiction of the court that issues it and will have to be arraigned and subjected to pre-trial within a period of 10 days from receipt of the case (Section 8, Part III, Guidelines for Continuous Trial). The intention of the Rules is to bring the arrestee, now the accused, to trial to confront the witnesses and evidence presented against him, and for the court thereafter to render the judgment. However, warrantless arrest proceeds in a different legal direction before it goes to court. 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 (Section 5, Rule 113 of the Rules on Criminal Procedure).
UMALI, ANGELICA JANE M. 3c2 Good day Atty. This is the summary of what I’ve learned in: Resolution of investigating prosecutor If the investigating prosecutor finds cause to hold the defendant for trial, he shall prepare the resolution and information (Sec 4, Rule 112) * Output in the preliminary investigation after the submission of the parties of the complaint affidavit and the submission of the defendant or respondent of the counter affidavit. If the complainant wishes to file reply affidavit that can also be allowed by the investigating prosecutor and the affidavit to be filed is a rejoinder or reply affidavit. *Complaint affidavit-Counter affidavit-rejoinder affidavit-reply affidavit. After submitting this affidavit the investigating prosecutor will prepare resolution and information; if he finds reasons or grounds to hold the respondent for trial. Resolution of investigating prosecutor *Duty of the investigating officer: personally examined or interview or raise clarificatory questions or probing questions both complainant and witnesses *Higher authority- provincial prosecutor or city prosecutor chief state prosecutor, or to the Ombudsman or his deputy by the Sandiganbayan in the exercise of its original jurisdiction. * Recommendatory- It means that it is not yet final, needs approval of higher authority. If not approved by the higher authority, that resolution will not take its legal effect. *Yes there are cases that there is no approval by the higher authority. If the provincial or city prosecutor delegates the authority of approval of a resolution then that delegation must be done in prior written authority Different findings between the investigating prosecutor and superior prosecutor *If the Investigating Prosecutor finds no reason to hold the respondent for trial or elevate the case to the court then he will recommend the dismissal of the complaint. Higher authority can reversed the findings of investigating prosecutor and order him to file information in court. Remedy of the aggrieved party from the resolution of the Investigating Prosecutor. *In case you lost your case in provincial or city prosecutor, the remedy is to file a verified petition for review. You can file it with Secretary of Justice. Your petition review has no effect of suspending the filing of information. *Verification- the part has read the contents of the petition and that the allegation is correct based on personal knowledge or authentic records. Ombudsman- special prosecutor. -Signed in violation of R no. 3019 or the anti-graft and corrupt practices, violation of plunder law or the commission of crimes against public. When warrant of arrest may issue *The court will determine probable cause, if the accused must be brought before the custody of the law. The judge will make a personal assessment of the complaint. Operation of the judge upon the filling of information *No evidence, dismiss the case *There are three options of the judge in case he receive the information; he will make a personal evaluation of the complaint and the evidence adduced by the complainant and his witnesses, if there is no evidence, he can dismiss it outright, if there is an evidence he can issue a warrant of arrest but if the accused had already been arrested, the court issue a commitment order. Cases not requiring a preliminary investigation *4 years, 2 months below does not require preliminary investigation Institution of cases when preliminary investigation is not required * In ordinary circumstances you filed your complaint before the city or provincial prosecutor. Instances when amendment of Information does NOT warrant a new preliminary investigation *It depends to require a preliminary investigation if there’s an error in the information nd you have corrected it. This are the instances that even if you amend or change, edit or revise the information, it will not require new preliminary investigation. Instances when amendment of Information warrants a new preliminary *In case that the person who approves the filing of the information is merely a deputy city or provincial prosecutor without the prior written authority delegating to approve the information then the information is null and avoid. It lacks of authority. Remedies available to the accused if there was no preliminary investigation conducted pursuant to a lawful warrantless arrest Article 125 of the RPC deals with the period of delay in the delivery of detained persons to the proper judicial authorities. *The accused can ask for preliminary investigation before he enter his plea. ARREST RULE 113 -it is the taking of a person into custody in order that he may be bound to answer for the commission of n offense Arrest may be made on any day, any time of the day or night. Arrest without warrant, when lawful Instances of a valid warrantless arrest 1. In flagrante delicto arrest 2. Doctrine of hot pursuit 3. Escapee in a penal institution Methods of Arrest -By actual restraint of the person to be arrested - By his submission to the custody of the person making the arrest Arrest made by officer without warrant Element of Hot Pursuit arrest * There’s a need of close proximity between to the time of arrest and the commission of the offense Personal Knowledge -It means actual belief or reasonable grounds of suspicion that the person to be arrested is probably guilty of the offense based on actual facts. Period for the officers to deliver the person detained under Art 125 of the RPC Art. 125 Delay in the delivery of detained persons to the proper judicial authorities. 12 hrs- light penalties 18 hrs- Correctional penalties 36 hrs- Afflictive or capital penalties Requisites of a valid warrant of arrest Warrant of arrest- it is the legal process issued by a competent authority, directing the arrest of person or persons upon the grounds stated therein Period of the validity of a warrant of arrest -no time limit is fixed for the validity of a warrant of arrest, unlike a search warrant, which is effective only for 10 days. -It remains valid until arrest is effected or the warrant is lifted. Determination of Probable cause for issuance of warrant of arrest Probable cause -It refers to facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed by the persons involved.
De Leon, Mark Kevin N. 3C4 Good Day Atty!!! This are the summary of what I’ve learned to the video lecture the you’ve uploaded Arrest Made by Officer with Warrant Arrest must be effected first before the search. If you conducted the search, first you have arrests a person based on such search then the arrest would not be valid and therefore any and all evidence obtained in violation of the constitutional right of the person will be inadmissible in evidence. Likewise, you need to have personal knowledge of the facts and circumstances that will constitute a reasonable belief that the person is committing a crime. However if you do not have personal knowledge that a person is committing a crime you cannot arrest otherwise the address will be invalid and whatever evidence obtained therein will be inadmissible in evidence and held liable for illegal arrest. in this regard, According to article 125 of the Revised Penal Code the police officer should immediately deliver the person arrested in the nearest police station for the purpose to avoid the violation of the prohibition as stated under article 125 such as 12 hours for light penalties, 18 hours -for correctional penalties and 36 hours - afflictive or capital penalties. The higher authority defined as: 1. It can be the provincial prosecutor or in case of cities with their own prosecutors than the city prosecutor or it can be forwarded as well to the chief state prosecutor or to the Ombudsman or his deputy in cases cognizable by Sandiganbayan in the exercise of its original jurisdiction. 2. Thus the duty and responsibility of the higher authority they shall act on the resolution within ten (10) days from their receipt thereof likewise shall immediately inform the parties of such actions. 3. In the case that the investigating prosecutor found ground or reason to hold the respondent for trial is to prepare a resolution. Resolution of Investigating Prosecutor If the investigating prosecutor finds cause to hold the defendant for trial, he shall prepare the resolution and information (sec. 4, Rule 112) (1). So the output in the preliminary investigation states therein after the submission of the parties of the complaint affidavit and the submission of the defendant or respondent of the counter affidavit. But, if the complainant wishes to file a reply affidavit that can also be allowed by the investigating prosecutor, and the last affidavit to file is a rejoinder or a reply affidavit. Furthermore after the submission of this affidavit, the investigating prosecutor will prepare a resolution and information if he finds reason or ground to hold the response for trial. When Warrant of Arrest may Isuue • Within 10 days from the filling of the complaint or information, the judge shall personally evaluate the resolution of the prosecutor. • The judge will have to make a personal assessment of the complaint. The judge may not rely based on the resolution or complaint. He has to see it for himself. The judge will have to satisfy if there is really a ground for the issuance of a warrant of arrest. ARREST it defined -it is the taking of a person into custody so that he may bound to answer for the commission of an offense (Sec. 1 Rule 113) The person who are not subjected to arrest are the ff: (a) You cannot arrest a senator or congressman if the imprisonment is not more than 6 years while congress is in session. (b) The representatives of foreign states or foreign government you cannot arrest them because they are immune from arrest the criminal jurisdiction of the country according to a treaty obligation of the Philippines. (c) The arrest of duly accredited ambassadors, public ministers of a foreign country their duly registered domestics subject to the principle of reciprocity. Arrest without Warrant, When lawful (a). Accused is already under detention (b) Complaint or information was filed according to a valid warrantless arrest (c) Has no penalty of imprisonment Some instances where Warrantless Arrest is Valid (a) In flagrante delicto - the commission of the crime must be done in the presence of the arresting person, the person to be arrested has committed, actually committing, or attempt to commit an offense. (b) Doctrine of hot pursuit (c) Escapee from a penal institution Cases not requiring a preliminary investigation (a) If the penalty imposable is less than 4 years, 2 months, and 1days it does not require preliminary investigation. (b). In the instances of warrantless arrest if the person has been arrested without a warrant of arrest then you do not conduct a preliminary investigation. In order to understand the word INQUEST it defined- it is 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 to determine whether or not that persons should remain under custody and corresponding be charged in court. (Sec. 1 DOJ Circular No. 61)
Mea, Katherine Joy 3C2 I learn those process of resolution of investigation that explain if the investigating prosecutor finds cause to hold the defendant for trial, he shall prepare the resolution and information. These are sequence first must file in complaint affidavit, counter affidavit, rejoin affidavit and last reply affidavit. Those affidavit the investigating prosecutor must prepare the resolution of investigating information if he finds a reason, or ground to hold the respondent for trial, under oath shall be certify that shown the record that can personal examined on the interview, there have a reasonable ground to believe , the accused is probably guilty, and was informed of the complaint the evidence submitted against him, and lastly, must be given the opportunity to submit a controverting evidence, this file is valid in within 5 days in this resolution that must be forward to the provincial or city prosecutor or chief state prosecutor, or to the ombudsman or his deputy by the Sandiganbayan in the exercise of its original jurisdiction. If the instances that the investigating prosecutor can be hold the respondent for a trial, the resolution of the investigating prosecutor is merely recommendatory. In this filing no complaint or information may be filed or dismissed by an investigating prosecutor without the prior written authority or approval of the provincial or city prosecutor or chief state prosecutor or the ombudsman or his deputy. In this resolution if the case is loss on the part of secretary of justice, it must be appeal , into a administrative before the office of the president and the decision of the latter may be appealed before the Court of appeal pursuant to rule 43. However, if there is grave abuse of discretion resulting to lack or excess of jurisdiction a petition for certiorari under rule 65 may be filed, the resolution of the ombudsman in administrative cases may be subject of petition for review via rule 43 before the CA or a special civil action for certiorari via rule 65 before the SC in criminal cases. In this video also explain when the warrant of arrest may issue, by action by the judge upon filing of the complaint or information, within 10 days from the filing the judge shall personally evaluate the resolution , upon that have the evidence a record failed to establish the probable cause, and explains the cases are not requiring the preliminary investigation, it must be offense involves an imprisonment of less than 4 years, 2 months and 1 day, and if the person lawfully arrest without a warrant that may requires a preliminary investigation , that must be conduct an inquest proceeding, if the person arrest by a police officer in flagrante delicto, this filing directly with the prosecutor, that the act of complaint based on affidavit, or other supporting documents submitted, within 10 days. Further, those duties of an inquest officer, to determine if the arrest of the detained person was valid should the inquest officer, and those person conduct preliminary investigation, may conducted by the Inquest Officer himself or by any other assistant prosecutor to whom the case may be assigned by the city or provincial prosecutor which investigation shall be terminated within 15 days from its inception, it is referral document, the affidavit of arrest, investigation report, the statement of the complaint and witness and the evidence gathered by the police in course of latter investigation on the criminal incidents, the inquest officer shall as far as practicable cause the affidavit of arrest and statements. Under rule 113, it stated taking of a person into custody in order that may he may be bound to answer for the commission of an offense, those person who are not subject to arrest, thses are the senator or member of the house of representative, chiefs of state, ambassadors, ministers plenipotentiary, minister’s residents and charges d’affaires, the arrest of duly accredited ambassadors, public ministers of a foreign country. The arrest made in, by actual restraint of a person to be arrested or by his submission to the custody of the person making the arrest that can be any day at any time of the day or night. If the arrest is without a warrant, it must be under detention, Complaint or information was filed pursuant to a valid warrantless arrest, and the offense penalized by fine only. And it explain those instance of valid a warrantless arrest, these are presence of the arresting person, the person to be arrested has committed is actually committing or is attempting to commit an offense in flagrante delicto arrest, presence of officer. , by the doctrine of a hot pursuit, and escaped from a penal establishment or place where he is serving final judgement or temporarily confined while his case is pending or as escaped while being transferred from one confinement to another. On the arrest made by an officer or used making of arrest it must be no violence or unnecessary force shall be used in making an arrest. The person arrested shall not be subject to a greater restraint than is necessary for his detention, however, if it necessary to secure and detain the offender, overcome his resistance, prevent his escape, recapture him and protect himself from bodily harm. That’s all thank you!!
PASTRANA, KATRINE L. 3C2 RESOLUTION OF THE INVESTIGATING PROSECUTOR - If the investigating prosecutor finds cause to hold the defendant for a trial he shall prepare the resolution and information. ORDER - Complain-Affidavit, Counter-Affidavit, Rejoinder Affidavit and Reply (1) It is the outcome in a preliminary investigation after the parties submitted a complaint affidavit and the submission of the defendant or respondent of the counter affidavit; (2) If the complainant wishes to file a reply affidavit that can also be allowed by the investigating prosecutor; and the last (3) Affidavit to be filed is what a rejoinder or a reply affidavit. SUBMISSION OF AFFIDAVIT - The investigating prosecutor will prepare a resolution and information. If he finds reason or grounds to hold the responded for trial. The investigating officer under oath shall certify the following: (1) That he, or as shown by the record as an authorized officer has personally examined the complainant and his witnesses; - DUTY OF THE INVESTIGATING PROSECUTOR- he will make such interview or raise some clarifying and probing questions to both the complainant and his witnesses (2) That there is a reasonable ground to believe that the crime has been committed; (3) That the accused is probably guilty thereof (4) That the respondent was informed of the complaint and the evidence submitted against him; and (5) That he was given an opportunity to submit controverting evidence NOTE: - Within five (5) days from the issuance of this resolution, the investigating prosecutor shall forward the record of the case to whom the provincial or city prosecutor or chief state prosecutor, or to the ombudsman or his deputy by the sandiganbayan in the exercise of its original jurisdiction. They shall act on the resolution within 10 days from receipt thereof and shall immediately inform the parties of such action. - If the INVESTIGATING PROSECUTOR will draft a resolution that draft of the investigating prosecutor is merely recommendatory. It is not yet final because no complaint or information may be filed or dismissed by an investigating prosecutor without the prior written authority or approval of the provincial or city prosecutor or the chief of the state prosecutor or the ombudsman or his deputy. - If there are case that has different findings between the investigating prosecutor and his superior, the investigating prosecutor recommends the dismissal of the complaint. The findings will be reversed by the superior code on the ground that probable cause exists. The superior prosecutor or ombudsman may file the information against the respondent or direct another assistant prosecutor to do it. REMEDY OF THE AGGRIEVED PARTY FROM THE RESOLUTION OF THE INVESTIGATING PROSECUTOR - An aggrieved party may appeal by filing a verified petition for review with the Secretary of Justice and by furnishing copies thereof to the adverse party and the prosecution office issuing the appealed resolution. (It is essential in case that is lost in the city prosecutor or the provincial prosecutor) - The appeal shall be taken within 15 days from the date of receipt of the resolution or if the denial of a motion for reconsideration and investigation if one has been filed within 15 days from the receipt of assailed resolution. ONLY ONE consideration per motion shall be allowed. - Unless the Secretary directs otherwise, the appeal shall not stay the filing of the corresponding information in court on the basis of finding the probable cause assailed decision. - The decision of the prosecutor may be reviewed by the courts when he acts with brave abuse of discretion amounting to lack of jurisdiction. REVERSAL OR MODIFY THE RESOLUTION OF THE PROVINCIAL OR CITY PROSECUTOR - The Secretary of Justice may motu propio reverse or modify the resolution of the provincial or city prosecutor or chief state prosecutor. The Secretary of Justice may review the resolution of his subordinates in criminal case despite the information being filed in court. - The Secretary of Justice exercise the power of direct control and supervision over prosecutors, and may thus affirm, nullify, reverse or modify their rulings. NOTE: - That the resolution of the ombudsman in administrative cases may be subject of a petition for review under rule 43 of the rules of court before the court of appeals or a special civil action for certiorari through rule 65 before the supreme court - OMBUDSMAN (special prosecutors; assigned in the violation) - ADMINISTRATIVE CASE (filed in the court of appeals) REMEDY OF THE AGGRIEVED PARTY AGAINST A RESOLUTION OF THE SECRETARY OF JUSTICE - You can appeal your case in the office of the President the decision of the office of the president may be appealed before the court of appeals pursuant to rule 43 of the rules of court. However if there is grave abuse of discretion amounting to lack or excessive jurisdiction a petition for certiorari under the rule 65 should be files. - The resolution of the ombudsman in administrative cases may be subject of a petition under rule 43 of the rules of court before the court of appeals or a special civil action for certiorari through rule 65 before the supreme court in criminal cases. SAMPLE CASES FILED DIRECTLY TO THE OMBUDSMAN - The special prosecution are tasked only in violation of R.A. 3019 anti-graft and corrupt practices act, the plundered violation of plunder law etc.
RULE 113 (ARREST) ARREST- The taking of a person into custody in order that he may be bound to answer for the commission of offense. PERSONS WHO CANNOT BE SUBJECTED TO ARREST 1. Senator or member a member of the house of representatives; 2. Ambassadors, ministers plenipotentiary, ministers resident and charges d’ affaires; 3. The arrest of duly accredited ambassadors, public ministers of a foreign country where duly registered domestics subject to the principle of reciprocity. ARREST, HOW MADE - It is made by actual restraint of a person to be arrested or by his submission to the custody of the person making arrests. - The head of the office to whom when the warrant was delivered must cause it to be executed within 10 days from its receipt and the officers to whom it is assigned must make a report to the judge who issued the warrant within 10 days from the expiration period. If he fails to execute, he shall state the reasons therefore. NOTE: - It’s either voluntary surrender or the arresting officer putting an actual restraint of a person. - May be made on any day and at any time of the day or night. now it can be affected at the ARREST WITHOUT WARRANT, WHEN LAWFUL 1. If the accused is already under detention; 2. A complaint or information was filed pursuant to a valid warrantless arrest; and 3. The accused is already under detention and then complaint or information is for an offense penalized by a fine only INSTANCES OF A VALID WARRANTLESS 1. IFLAGRANTE DELICTO When in his presence, the person to be arrested has committed is actually committing or is attempting to commit an offense. 2. DOCTRINE OF HOT PURSUIT When an offense has in fact been committed and the arresting person has probable cause to believe based on personal knowledge of facts and circumstances that the person to be arrested has committed. 3. ESCAPEE IN A PENAL INSTITUTION When the person to be arrested is a prisoner who has escaped from a penal establishment or a 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. METHODS OF ARREST 1. By actual restraint of the person to be arrested; or 2. By his voluntary submission to the custody of the person making arrests. ARREST MADE BY OFFICER WITH A WARRANT GENERAL RULE - No violence or unnecessary force shall be used in making an arrest. The person arrested shall not be subjected to a greater restraint than that is what is necessary for his detention. EXCEPTION - If necessary to secure and detain the offender, overcome his resistance, prevent his escape, recapture him and protect himself from bodily harm. PERSONAL KNOWLEDGE - It means actual belief or reasonable grounds of suspicion that the person to be arrested is probably guilty of the offense based on actual facts. It has no reference to the actual commission of the crime but the personal knowledge of the facts leading to probable cause. OBLIGATION OF THE ARRESTING OFFICER AFTER THE WARRANTLESS ARREST - The arresting officer must comply with the provisions of article 125 of the RPC, otherwise, he may be held criminally liable for arbitrary detention under article 124 of the RPC. Jurisdiction over the person arrested must be transferred to the judicial authorities. Article 125 is a procedural requirement in case of warrantless arrest. A case must be filed in court. PERIOD FOR OFFICERS TO DELIVER THE PERSON DETAINED UNDER ARTICLE 125 OF THE REVISED PENAL CODE - 12 hours- Light Penalties - 18 hours- Correctional Penalties - 36 hours- Afflictive or Capital Penalties RATIFICATION OF AN ILLEGAL ARREST - Illegality of warrant this arrest may be cured by filing of an information in court and the subsequent issue once by the judge of a warrant of arrest. NOTE - Once the person has been duly charged in court he may no longer question his detention by petition for habeas corpus. His remedy is to quash the information and the warrant of arrest. CONSEQUENCES OF ILLEGAL ARRESTS - The documents things or articles ceased following the illegal arrests are inadmissible evidence; - The arresting person may be held criminally liable for illegal arrests under article 269 of RPC; - Arresting officer may be held severely liable for damages under article 32 of the new civil code; and - He will also be administratively liable ARREST BY A PRIVATE PERSON - 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 just been committed and he has probable cause to believe based on personal knowledge of facts and circumstances that the person to be arrested has committed it. REQUISITES OF A VALID WARRANT OF ARREST 1. It must be issued upon probable cause; 2. probable cause is to be personally determined by the judge after examination under oath of the complainant and the witnesses he may produce; 3. The judge must personally evaluate the report of the prosecutor and the evidence adduced during preliminary investigation; 4. The warrant must particularly describe the person to be arrested; and 5. It must be in in connection with specific offense or a crime. PERIOD OF THE VALIDITY OF A WARRANT OF ARREST - No time limit fixed for the validity of a warrant of arrest, unlike in a search warrant which is effective only for 10 days - It remain valid until arrest is effected or the warrant is lifted no there is no time limit a wallet REMEDY FOR WARRANT OF ARREST - The proper remedy is to file a petition to quash. The warrant of arrest not a petition for habeas corpus since the court in the latter case may only order release but not enjoin the further prosecution or preliminary investigation. DETERMINATION OF PROBABLE CAUSE FOR THE ISSUANCE OF WARRANT OF ARREST PROBABLE CAUSE - The facts and circumstances which would lead a reasonable discrete and prudent man to believe that an offense has been committed by the persons involved. It need not be based on clear and convincing evidence of guilt neither it is based on evidence establishing guilt beyond reasonable doubt on evidence establishing absolute certainty of guilt. - Within 10 days from the filing of the complaint or information, the judge shall personally evaluate the resolution of the prosecutor any supporting evidence. - He may immediately dismiss the case if the evidence on record clearly fails to establish probable cause. - In case of doubt in the existence of probable cause the judge may order the prosecutor to present additional evidence within five days from notice, and that that issue must be resolved in 30 days from the filing of the complaint or information if he finds probable cause. - He shall issue a warrant of arrest or a commitment order in case that the accused had already been detained.
CALONGCALONG, CRISTIANTIE MARIE L. 3C3 Good day po! I`ve learned from this topic is all about first the continous lesson from preliminary investigation applying the resolution process of investigating prosecutor after having the findings to hold the trial within 5 days of the issuance of the resoluiton he shall forward the case to the higher authority like provincial prosecutor either to city, municipal, chief state prosecutor and ombudsmann etc,. the power to approve the resolution prefered by investigation prosecutor it must deligate by the deputy city prosecutor or others. NOTE: In case the investigating prosecutor will draft a resolution that draft of the investigating prosecutor is merely recommendatory INVESTIGATING PROSECUTOR AND SUPERIOR PROSECUTOR are not the same things if the investigating prosecutor determines that there is no grounds to hold the respondent for trial, i.e., to take the case to the courts, he will suggest that the complaint be dismissed. Lastly, this resolution will not have legal effect until it is approved by this higher authority. Can bind laws? No, Even if he finds no probable cause, the Secretary of Justice cannot order the matter to be dismissed by the court. Only a court of law will have sole authority over the case's resolution. The court has sole discretion or authority to decide the matter once the information is filed in court. What are your options if you lose your lawsuit in front of the Secretary of Justice? You can take your issue to the President's office for review. The decision of the Office of the President may be appealed before the court of appeals pursuant to Rule 43 of the Rules of Court. HIERARCHY - City prosecutor office - Secretary of Justice (DOJ) - Office of the President(OP) - Rule 43 WHEN WARRANT ARREST MAY ISSUE Within ten (10) days from the filing of the complaint or information, the judge shall personally evaluate the resolution of the prosecutor and its supporting evidence. He may immediately dismiss the case if the evidence on record clearly fails to establish probable cause. If he finds probable cause, he shall issue a warrant of arrest, or a commitment order if the accused has already been arrested pursuant to a warrant issued by the judge who conducted the preliminary investigation or when the complaint or information was filed pursuant to section 7 of this Rule. INQUEST is need to conduct for warrantless arrest which not requiring preliminary investigation. Also, like the Inlagrante delicto (caught in the act). When the judge receives the material, he has three alternatives for making a personal assessment of the complaint and the facts presented by the complainant and his witnesses. (1) He has the authority to dismiss the case entirely if there is insufficient evidence. (2) He can issue an arrest warrant if there is proof, but if the accused has already been detained, the court will issue a commitment order.If the accused was arrested on the basis of a warrant of arrest, legitimate arrest without a warrant, or arrest without a warrant. (3) If a case exists, he has the authority to ask the prosecutor to produce more evidence within 5 days, and the case must be resolved within 30 days of the information being filed. THE PERSON CANNOT BE SUBJECTED TO ARREST (1) You cannot arrest a senator or congressman if the sentence is less than 6 years while Congress is in session. (2) You cannot arrest representatives of foreign states or governments because they are immune from arrest under the criminal jurisdiction of the Philippines as a result of a treaty obligation.(3) The arrest of duly accredited ambassadors, public ministers of a foreign country their duly registered domestics subject to the principle of reciprocity. HOW ARREST MADE it is made by actual restraint by a person to be arrested, or by his submission to the custody of the person making the arrest. NOTE: Arrest may be made on any day, any time of day and night. PERIOD FOR OFFICER TO DETAINED (ART.125) The penalties provided in the next preceding article shall be imposed upon the public officer or employee who shall detain any person for some legal ground and shall fail to deliver such person to the proper judicial authorities within the period of; twelve (12) hours, for crimes or offenses punishable by light penalties, or their equivalent; eighteen (18) hours, for crimes or offenses punishable by correctional penalties, or their equivalent and thirty-six (36) hours, for crimes, or offenses punishable by afflictive or capital penalties, or their equivalent. In every case, the person detained shall be informed of the cause of his detention and shall be allowed upon his request, to communicate and confer at any time with his attorney or counsel. If the officer fail to detained the person with the right prescription of his penalty you can sue him by arbitral detention. THANKYOU PO SIR :)
HORNILLA DAN RONALDO C. 3C3 This is the summary of what I've learned in this lesson. If the investigating prosecutor believes there is enough evidence to keep the defendant for trial, he must prepare a settlement and information. Under oath, the investigating officer must certify the following: That he, as an approved officer, personally interviewed the plaintiff and his witnesses, as shown by the record. There is a fair basis for believing that That there is a good reason to believe the crime has been committed. That the defendant or respondent is almost certainly guilty. The complainant was made aware of the case and the facts presented against him. He was given the opportunity to present contradictory facts. The investigating prosecutor must forward the case record to the provincial or city prosecutor, the chief state prosecutor, or the ombudsman or his deputy by the Sandigan bayan in the exercise of its original jurisdiction within five days of the issuance of his resolution. They must act on the resolution within 10 days of receiving it and promptly notify the parties of their decision. If the investigating prosecutor drafts a resolution, keep in mind that the draft is just a recommendation, which means it is not yet final, since no accusation or evidence can be lodged or dismissed by an investigating prosecutor without the prior written authority or approval of the provincial or city prosecutor or state prosecutor. The resolution will not have legal force unless and until it receives approval from this higher authority. When the investigating prosecutor recommends dismissal of the complaint, but his findings are overturned by the superior code encode prosecutor or the ombudsman on the basis of the superior code encode prosecutor's or the ombudsman's findings. The aggrieved party's right to appeal the investigating prosecutor's decision. A party who has been wronged may file a verified petition for review of the appealed resolution. Only one motion for reconsideration is required from the date of receipt of the sale resolution or the rejection of the motion for consideration or inquiry if one has been received from the date of receipt of the sale resolution. If the prosecutor commits a brave abuse of discretion that results in a lack of jurisdiction, the courts can review his decision. Despite the information filed in court, the secretary of justice can review resolutions of his subordinates in criminal cases and moto proprio reverse or change the resolution of the provincial or city prosecutor or chief state prosecutor. In administrative proceedings, the ombudsman's decision can be subject to a petition for review before the court of appeals under rule 43 of the rules of court, or a separate civil suit for certiorari before the supreme court under rule 65 in criminal cases. The result of filing a petition for review with the Department of Justice if the information was already filed in court; if the information was already filed in court but the accused filed a petition with the Department of Justice for review of the Prosecutors' findings, the court is obliged to delay the accused's arraignment for a period not exceeding 60 days. When a warrant of arrest is issued, the judge must personally review the prosecutor's resolution within 10 days of receiving the complaint material. In performing the assessment, the judge must look at supporting facts. If the evidence on record clearly fails to create probable cause, the judge has the option of dismissing the case when filling out the facts. If the judge considers probable cause, he or she can issue an arrest warrant or a commitment order for the accused if he or she has already been arrested pursuant to an arrest warrant or lawful arrest without a warrant. If the evidence was already submitted in court, but the accused filed a motion for appeal of the Prosecutors' findings with the Department of Justice, the court is required to delay the accused's arraignment for a period of not more than 60 days. Thank you sir
RECTO, JUSTINE J. 3C3 In this lesson I discovered nor i learned that in the "RESOLUTION OF INVESTIGATING PROSECUTOR" this is the yield of the primer examination after the accommodation of the gatherings of the grievance sworn statement and the accommodation of the respondent of the counter testimony. It comprise of answer oath, and rejoin affirmation. Second in this resolution, if the case is misfortune on the a piece of secretary of equity, it should be advance , into a regulatory before the workplace of the president and along these lines the choice of the last could likewise be requested under the watchful eye of the Court of allure according to manage 43. Notwithstanding, if there's grave maltreatment of tact coming about to need or undeniably more than locale an appeal for certiorari under rule 65 could likewise be recorded, the goal of the ombudsman in regulatory cases could likewise be subject of request for audit by means of rule 43 preceding the CA or a unique lawful activity for certiorari through rule 65 preceding the SC in criminal cases. Finally (PERIOD OF THE VALIDITY OF A WARRANT OF ARREST) A warrant of Arresr has no time limit on its legitimacy, dissimilar to a court order, which is just substantial for 10 days or within 10 days. Thankyou sir!
CAPONPON, ELLIEN H. 3C3-BS CRIINOLOGY Good Day Sir. In this discussion I've learned that Resolution of Investigating Prosecutor if the investigating prosecutor finds cause to hold the defendant for a trial he shall prepare the resolution and information. The investigating officer under oath shall certify the following: That he as shown by the record as an authorized officer has personally examined the complainant and his witnesses. That there is a reasonable ground to believe that the crime has been committed. That the accused or respondent is probably guilty. That the respondent was informed of the complaint and the evidence submitted against him. That he was given an opportunity to submit controverting evidence. Within five days from the issuance of his resolution the investigating prosecutor forward the record of the case to whom the provincial or city Prosecutor or chief state prosecutor or to the ombudsman or his deputy by the Sandiganbayan in the exercise of its original jurisdiction. They shall act on the resolution within 10 days from receipt thereof and shall immediately inform the parties of such action. In case the investigating prosecutor will draft a resolution that draft of the investigating prosecutor is merely recommendatory take note of that meaning it is not yet final because no complaint or information may be filed or dismissed by an investigating prosecutor without the written without the prior written authority or approval of the provincial or city prosecutor or state prosecutor or the ombudsman or his deputy. Without the approval of this higher authority that resolution will not take its legal effect it will not take its legal effect. Different findings between the investigating prosecutor and the superior prosecutor when the investigating prosecutor recommends the dismissal of the complaint but his findings are reversed by the superior code encode prosecutor or the ombudsman on the ground that probable cause exists the superior prosecutor or ombudsman may by himself file the information against the respondent or direct another assistant prosecutor to do so without conducting another preliminary investigation. The remedy of the aggrieved party from the resolution of the investigating prosecutor. An aggrieved party may may appeal by filing a verified petition for review appealed resolution. The appeals will be taken within 15 days from receipt of the resolution or the denial of the motion for the consideration or the investigation if one has been from receipt of the sale resolution only one motion for a reconsideration is allowed. Unless the secretary directs otherwise the appeal shall not state the filing of the corresponding information in court on the basis of the finding of probable cause in the assailed decision. The decision of the prosecutor may be reviewed by the courts when he acts with brave abuse of discretion amounting to lack of jurisdiction. The secretary of justice moto proprio reverse or modify the resolution of the provincial or city prosecutor or chief state prosecutor the secretary of justice may review resolutions of his subordinates in criminal cases despite the information being filed in court. That the resolution of the ombudsman in administrative cases may be subject of a petition for review under rule 43 of the rules of court before the court of appeals or a special civil action for certiorari through rule 65 before the supreme court in criminal cases. The effect of the filing of the petition for review before the department of justice if the information was felt in court, should the information be already filed in court but the accused filed a petition for review of the findings of the Prosecutors with the department of justice the court is bound to suspend the arraignment of the accused for a period period not exceeding 60 days. When Warrant of Arrest may issue, within 10 days from the filing of the complaint information the judge shall personally evaluate the resolution of the prosecutor in conducting the evaluation of the resolution the judge shall look into supporting evidence. Option of the judge when filling the information, dismiss the case if the evidence on record clearly failed to establish probable cause. If he or she finds probable cause the judge may issue warrant of arrest or issue a commitment order of the accused if the accused had already been arrested pursuant to a warrant of arrest or lawful arrest without. In case there is a doubt in the mind of the judge whether probable cause exists then he can order the prosecutor to present additional evidence within 5 days and that must be resolved within 30 days from the time of the filing of the information. Cases which do not require preliminary investigation, when the penalty prescribed by law for the offense involves an imprisonment of less than four years two months and one day. If a person is arrested lawfully without a warrant involving an offense which requires preliminary investigation an information or complaint may be filed against him without the need of preliminary investigation provided an inquest had been conducted in accordance with existing rules. Thus if a person is arrested by a police officer inflagrante delicto or caught in the act while robbing the victim the arrest is a lawful one and a preliminary is not required even if the penalty for robbery is more than four years two one day. Institute cases when preliminary investigation is not required, file the complaint directly with the prosecutor by the complainant within 10 days from its filing and number two you can file the complaint or information directly with the municipal trial court.
BAUTISTA, JOHN ERICO A. 3C4 I learn those process of resolution of investigation that specify if the investigating prosecutor finds cause to carry the defendant for trial, he shall prepare the resolution and data. These are sequence first must come in complaint affidavit, counter affidavit, rejoin affidavit and last reply affidavit. Those affidavit the investigating prosecutor must prepare the resolution of investigating information if he finds a reason, or ground to carry the respondent for trial, under oath shall be certify that shown the record which will personal examined on the interview, there have an inexpensive ground to believe , the accused is maybe guilty, and was informed of the complaint the evidence submitted against him, and lastly, must incline the chance to submit a controverting evidence, this file is valid in within 5 days during this resolution that has to be forward to the provincial or city prosecutor or chief state prosecutor, or to the ombudsman or his deputy by the Sandiganbayan within the exercise of its original jurisdiction. If the instances that the investigating prosecutor is hold the respondent for an endeavor, the resolution of the investigating prosecutor is just recommendatory. during this filing no complaint or information is also filed or dismissed by an investigating prosecutor without the prior written authority or approval of the provincial or city prosecutor or chief state prosecutor or the ombudsman or his deputy. In this resolution if the case is loss on the a part of secretary of justice, it must be appeal , into a administrative before the office of the president and therefore the decision of the latter could also be appealed before the Court of appeal pursuant to rule 43. However, if there's grave abuse of discretion resulting to lack or far more than jurisdiction a petition for certiorari under rule 65 could also be filed, the resolution of the ombudsman in administrative cases could also be subject of petition for review via rule 43 before the CA or a special legal action for certiorari via rule 65 before the SC in criminal cases. In this video also explain when the warrant of arrest may issue, by action by the judge upon filing of the complaint or information, within 10 days from the filing the judge shall personally evaluate the resolution , upon that have the evidence a record didn't establish the evidence, and explains the cases aren't requiring the preliminary investigation, it must be offense involves an imprisonment of but 4 years, 2 months and 1 day, and if the person lawfully arrest without a warrant which will requires a preliminary investigation , that has to be conduct an inquest proceeding, if the person arrest by a officer in flagrante delicto, this filing directly with the prosecutor, that the act of complaint supported affidavit, or other supporting documents submitted, within 10 days. Further, those duties of an inquest officer, to see if the arrest of the detained person was valid should the inquest officer, and people person conduct preliminary investigation, may conducted by the Inquest Officer himself or by the other assistant prosecutor to whom the case is also assigned by town or provincial prosecutor which investigation shall be terminated within 15 days from its inception, it's referral document, the affidavit of arrest, investigation report, the statement of the complaint and witness and therefore the evidence gathered by the police in course of latter investigation on the criminal incidents, the inquest officer shall as far as practicable cause the affidavit of arrest and statements. Under rule 113, it stated taking of an individual into custody so as that will he is also sure to declare the commission of an offense, those one who aren't subject to arrest, thses are the senator or member of the house of representative, chiefs of state, ambassadors, ministers plenipotentiary, minister’s residents and charges d’affaires, the arrest of duly accredited ambassadors, public ministers of a remote country. The arrest made in, by actual restraint of someone to be arrested or by his submission to the custody of the person making the arrest that may be any day at any time of the day or night. If the arrest is without a warrant, it must be under detention, Complaint or information was filed pursuant to a sound warrantless arrest, and therefore the offense penalized by fine only. And it explain those instance of valid a warrantless arrest, these are presence of the arresting person, the person to be arrested has committed is really committing or is attempting to commit an offense in flagrante delicto arrest, presence of officer. , by the doctrine of a hot pursuit, and escaped from a penal establishment or place where he's serving final judgement or temporarily confined while his case is pending or as escaped while being transferred from one confinement to a different. On the arrest made by a political candidate or used making of arrest it must be no violence or unnecessary force shall be utilized in making an arrest. The person arrested shall not be subject to a greater restraint than is important for his detention, however, if it necessary to secure and detain the offender, overcome his resistance, prevent his escape, recapture him and protect himself from bodily harm
the resolution of investigating prosecutor after the submission of parties of of complaint affidavit the counter affidavit must prepare and it is allow by the investigating prosecutor and the last affidavit will be a reply affidavit after the submission of affidavit the prosecutor will prepare a resolution and information if finds a ground to hold the responded. the resolution of investigating prosecutor and the investigating officer under oath shall certify that he shown by the record, with reasonable ground and accused probably guilty and he shall personally examine or interview some questions to both complainant and witnesses and submitting controverting evidence, within five days affter the prosecutor find a ground the record mist be forward to higher authority it must be provincial or chief state prosecutor or ombudsman to exercise the original jurisdiction. they shall act on the resolution within 10 days from receipt thereof and shall immediately inform the parties of such action.the investigating prosecutor will draft a resolution is merely recommendatory because the investigating prosecutor cannot dismissed without the prior written authority or approval of higher authorities in addition that there is cases where in there is no approval by higher authorities because higher authorities will deligate the authority approval and done with a prior written authority. if there is a different findings between the investigating prosecutor and superior prosecutor the dismissal of complaint is recommended and the findings can reversed by the ombudsman without the need of preliminary investigation. the remedy of a aggrieved party may appeal by filling a verified petition for review and file it in secretary Justice the period of time is 15 days. when elevating the case to the secretary Justice reverse or modify the resolution of the provincial or city prosecutor will review the resolution of criminal case and the secretary Justice cannot order the dismissal of the case even the findings of absence of probable cause.if tge criminal case is handle by the ombudsman the remedy is petition on circulary under rule 65. upon the receipt of filing of complaint within 10 days the judge personally evaluate the resolution of the prosecutor and judge looking for the supporting of a evidence and there is a option of a judge upon filing of information first if the evidence is not sufficient to establish a probable case will be dismiss and if there is a probable cause the arrest must be conducted but if there is a doubt in the judge even probable cause exists the prosecution will present additional evidence within 5days. cases that is not required a preliminary investigation if the penalty is less than 4years,2months and 1days and if the person is arrest without a warrant of arrest instead of preliminary investigation,inquest proceedings will be conducted. if the case does not require preliminary investigation the filling of complaint is directly to prosecutor. inquest is an formal and summary investigation conducted by a public prosecutor involving a criminal case. the duties of inquest officer is determined if the arrest is valid if not recommended to release of a detained person and the disposition on the referral document. in inquest proceedings the matters included the referral document first is affidavit arrest, investigation report and supporting evidence and instances when the production of a detained person is dispense with confined on hospital , under maximum security , involved security risk. arrest is taking a person into custody in order he may be bound to answer for the commission of a offense. the person who is not subjected to arrest is senator if the imprisonment is not more than 6years while congress is in session and the representatives of foreign state or government because they are immune to criminal jurisdiction of a country and ambassador, minister of a foreign country. arrest is made is arresting officer is making a restraint of a person and the arresting officer must made a report to give to the judge who issued a warrant of arrest that is executed within 10 days. warrant of arrest is not necessary if the person is detained, complaint is pursuant of warrant less arrest and the offense is penalized by fined. instances of valid warrant of arrest if offense commit of inflagrante delicto arrest and doctrine of hot pursuit and when the perso arrested is a escape prisoner. in making the arrest the arresting officer shouldn’t use a force or violence in affecting arrest that will lead to violation of penal code. if there is valid of arrest then the officer may conduct a search in relation to a valid warrantless arrest and the arrest must be effective first before the arrest. arrest made by the officer without a warrant is inflagrante delicto arrest, buy-bust operation,hot pursuit arrest, evasion of service of sentence by prisoner, surrendering the accuse and what is the elements of hot pursuit first is offense has been committed or has just been committed and the probable cause is based on personal knowledge. personal knowledge is a actual belief. the obligation of the arresting officer after warrantless arrest it must be transfer to proper judicial authorities or otherwise you are criminal liable for illegal detention. CORONADO 3C4
TULAWE RICO O. BSCRIM-3C1 Good day ATTY. In this lecture series RESOLUTION OF INVESTIGATING PROSECUTOR I've learned that if the investigating prosecutor finds cause to hold the defendant fir trial, he shall prepare the resolution and information. (Sec. 4 Rule 112). That the investigating officer under oath shall certify the following : 1. That he, or as shown by the record, an authorized officer, has personally examined the complinant and his witnesses: 2. That there is reasonable ground to believe that the crime has been committed: 3. That the accused is probably guilty thereof. 4. That the accused was informed of the complaint and of the evidence submitted against him: and 5. that he has given an opportunity to submit controverting evidence (Sec. 4 Rule 112). The investigating prosecutor within 5DAYS from issuance of resolution shall forward the record of the case to the provincial or city prosecutor or the chief of state prosecutor, or to the OMBUDSMAN or his deputy by the SANDIGANBAYAN in exercise of its original jurisdiction. They shall act on the resolution within 10 DAYS from their reciept and shall immediately inform the parties of such action(Sec. 4 Rule 112). NOTE: If case the investigating prosecutor will draft a resolution, that draft of the investigating prosecutor is MERELY RECOMMENDATORY. - It is not yet final because no complaints or information mqybe filed or dismissed by an investigating prosecutor without the prior written authority or approvalof the provincial or city prosecutor or the chief of the state prosecutor or the ombudsman or sandiganbayan. - that without approval of the higher ups the resolution made by the investigating prosecutor will not take its legal effects. But if the higher authority will delegate the approval of the resolution then that delegation is made in a prior written authority. Different findings between the investigating prosecutor and superior prosecutor. - When the investigating prosecutor recommends the dismissal of the complaint, but his findings are reversed by the '' Superior'' prosecutor or ombudsman on the ground of probable cause exist., the superior prosecutor or ombudsman mah by himself file the information against the respondent, or direct another assistant prosecutor to do so without conducting another preliminary investigation. Remedy of the aggrieved party from the resolution of the investigating prosecutor. -an aggrieved party may appeal by filling a verified petition for review with the secretary of justice and by furnishing copies thereof to the adverse party and prosecution office issuing the appealed resolution. The appeal shall be take within 15 days from reciept of the resolution or of the denial of the motion for reconsideration /reinvestigation if one gas been filed within 15 days form reciept of the assailed resolution. Only one motion for reconsideration shall be allowed. Unless the secretary directs otherwise, the appeal shall not stay the filling of the corresponding information in court on the basis of finding of probable cause in the assailed decision. The decision of the prosecutor may be reviewed by the courts when he acts with grave abuse of discretion amounting to lack of jurisdiction (Herrera, 2007). Reversal or Modification of the resolution of the provincial or city prosecutor. The secretary of justice may MOTU PROPRIO reverse or modify the resolution of the provincial or city prosecutor or chief state prosecutor. The secretary of justice may review may review resolutions of his subordinates in criminal cases despite the information being filed in court. The Secretary of justice exercises the power of direct control and supervision over prosecutor, may thus affirm, nullify, reverse or modify thier rulings. Petition of an aggrieved party against resolution of the Ombudsman If administrative case - file a petition for review via rule 43 before Court of appeals If criminal case- action for certiorari via rule 65 before the supreme Court. That the Effect of filing of petition for review before the DOJ if the information was already filed in court, the court is bound to SUSPEND the arrangement of the accused for a period not EXCEEDEDING 60 DAYS (Sec. 11 Rule 116). When warrant of arrest may Issue? - That within 10DAYS from the filling of the complaint or information, the judge shall personally evaluate the resolution of the prosecutor. The judge will look into supporting evidence (Sec. 5 Rule 112). There are options the judge will be made upon filling of information it is either to Dismiss the case if the evidence on record clearly failed to establish probable cause: and or if he/she finds probable cause, will issue a warrant of arrest or issue a COMMITMENT ORDER of the accused that has been arrested pursuant to warrantless arrest. And incase of doubt, order the prosecutor to present additional evidence within 5 DAYS from notice, the issue to be resolved by the court within 30DAYS from the filling of information. In cases not requiring a preliminary investigation * if the penalty prescribed by law for the offense involves imprisonment of less than 4 YEARS 2 MONTHS ND 1 DAY. * In cases of lawfully arrested without warrant. (INQUEST) *If a person arrested by the police officer IN FLAGRANTE DELICTO while robbing the victim. INQUEST -is an formal summary examination conducted by an public prosecutor including a criminal case including the people arrested and detained without the benefits of warrant of arrest. The obligations of examination officer is determined in the event that the arrest is substantial in case not recommended to discharge of a confined individual and the disposition on the referral record. ARREST -is the taking of a person into custody in order that he may be bound to answer for the commission of offense. Person who are not subjected to arrest ARREST, HOW MADE - made by an actual restraint of a peson to be arrested, or by his submission to custody of the person making the arrest NOTE arrest may be on any day.The head of the office whom the warrant was delivered must cause it to be executed within 10 days from receipt.
Thank you for criminal procedure series 😊😊😊
Good Day Atty. Thank you for this lesson. In this video lecture I have learned the following;
RESOLUTION OF INVESTIGATING PROSECUTOR
- If the investigating prosecutor finds cause to hold the defendant for trial, he shall prepare the resolution and information (sec. 4, Rule 112)
- This is the output in the preliminary investigation after the submission of the parties of the complaint affidavit and the submission of the defendant or respondent of the counter affidavit. However, if the complainant wishes to file a reply affidavit that can also be allowed by the investigating prosecutor and the last affidavit to file is a rejoinder or a reply affidavit.
- After the submission of this affidavit the investigating prosecutor will prepare a resolution and information if he finds reason or ground to hold the responded for trial
*The investigating officer under oath shall certify the following:
- That he, or as shown by the record, an authorized officer, has personally examined, raise or interview some clarificatory question, probing questions to both the complainant and his witnesses;
- That there is reasonable ground to believe that crime has been committed;
- That the accused or respondents is probably guilty thereof
- That the accused was informed of the complaint and of the evidence submitted against him; and
- That he was given an opportunity to submit controverting evidence.
- In this case within five (5) days from the issuance his resolution, the investigating prosecutor shall forward the record of the case to the provincial or city prosecutor or chief state prosecutor, or to the Ombudsman or his deputy by the Sandiganbayan in the exercise of its original jurisdiction.
- In the case that the investigating prosecutor found ground or reason to hold the respondent for trial what he will do was to prepare resolution.
- Within 5 days from the preparation of this resolution he shall forward the record of the case to the higher authority.
*Who are the higher Authority?
- It can be the provincial prosecutor or in case of cities with their own prosecutors then the city prosecutor or it can be forwarded as well to the chief state prosecutor or to the Ombudsman or his deputy in cases cognizable by Sandiganbayan in the exercise of its original jurisdiction.
- They shall act on the resolution within ten (10) days from their receipt thereof and shall immediately inform the parties of such actions.
- In the case that the investigating prosecutor found ground or reason to hold the respondent for trial is to prepare resolution.
NOTE:
- In case the investigating prosecutor will draft a resolution that draft of the investigating prosecutor is merely recommendatory
- It means it is not yet final because no complaint or information may be filed or dismissed by an investigating prosecutor without the prior written authority or approval of the provincial or city prosecutor or the chief state prosecutor or the Ombudsman or his deputy.
- However, since the resolution prepared by the investigating prosecutor is merely recommendatory it needs the approval of the higher ups as mentioned above.
- Without the approval of this higher authority that resolution will not take its legal effect.
*Are there cases where in there can be no approval by the higher authority?
- Yes, if the higher authority will delegate the authority of approval of a resolution then that delegation must be done in a prior written authority.
DIFFERENT THINGS BETWEEN INVESTIGATING PROSECUTOR AND SUPERIOR PROSECUTOR
- If the investigating prosecutor finds no reason to hold the respondent for trial meaning to elevate the case to the courts then he will recommend the dismissal of the complaint.
- However, since that resolution recommending the dismissal of the complaint is merely recommendatory the superior authority can reverse the findings of the investigating prosecutor and direct the investigating prosecutor to file an information in court without the need of conducting preliminary investigation. (in other words the higher authority can reverse the findings of the investigating prosecutor and order him to file the information in court.)
REMEDY OF THE AGGRIEVED PARTY FROM THE RESOLUTION OF THE INVESTIGATING PROSECUTOR
EXAMPLE
- If complaint has been dismissed the complainant can exercise some remedies or in other words (left of the losing party) or the aggrieved party from the resolution of the investigating prosecutor.
- An aggrieved party may appeal by filing a verified petition for review with the Secretary of Justice and by Furnishing copies thereof to the adverse party and prosecution office issuing the appealed resolution. (In case you lost your case in the court city prosecutor or the provincial prosecutor, file a verified petition for review with the Secretary of Justice and have furnish copy of your petition to the adverse party and the prosecution office whose resolution is being assailed.)
- The appeal shall be taken within (15) days from the day of receipt of the resolution or the denial of the motion for reconsideration/reinvestigation if one has been filed within (15) days from receipt of the assailed resolution. Only one motion for reconsideration shall be allowed.
*What is verified petition for review?
- The complainant or the respondent or the parties to the case must have to sign the petition for review.
- The party has read the contents of the petition and that the allegation are in are true and correct based on personal knowledge or on automatic records.
*What happens when you elevate the case to the Secretary of Justice?
- They may moto proprio, reversal or modification of the resolution of the provincial or city prosecutor
- If the provincial or city prosecutor can reverse the investigating prosecutor the secretary of justices can also reverse or modify the resolution of the provincial or city prosecutor or chief state prosecutor. It can review the resolution of his subordinates even if the cases are file in court
*What happens if the Secretary of Justice will order the dismissal of the case? Will the order of the Secretary binding in courts of law?
- No, The Secretary of justice may not order the court to dismiss the case even if he finds the absence of probable cause. Only the court of law will have exclusive power as to the disposition of the case.
- Once the information is filed in court, the court has exclusive discretion or authority to dispose of the case.
*In cases that you’ve lost your case in the Secretary of Justice, what remedy you can appeal?
- You can appeal your case before the office of the President. The decision of the Office of the President may be appealed before the court of appeals pursuant to Rule 43 of the Rules of Court.
HIERARCHY
- City prosecutor office
- Secretary of Justice (DOJ)
- Office of the President(OP)
- Rule 43
NOTE:
- That the resolution of the ombudsman in administrative cases may be subject of a petition for review under rule 43 of the rules of court before the court of appeals or a special civil action for certiorari through rule 65 before the supreme court.
- Ombudsman - special prosecutor (only assigned in the violation of 3019 or the Anti-Graft and Corrupt Practices Act, violation of plunder law, commission of crimes by public official with a salary grade of 27 or high.
- Jurisdiction - with the Office of the Ombudsman.
- If administrative case, what you file is rules 43 petition for review, you file it with court of appeals.
- If it is a criminal case, you file it before the Supreme Court and then what you file is petition for certiorari under rule 65 of the Rules of Court.
EFFECT OF THE FILING OF A PETITION FOR REVIEW BEFORE THE DOJ IF THE INFORMATION WAS ALREADY FILED IN COURT
- Should the information be already filed in court but the accused filed a petition for review of the findings of the prosecutors with the DOJ, the court is bound to suspend the arraignment of the accused for a period not exceeding 60 days.
WHEN WARRANT OF ARREST MAY ISSUE
- Upon receipt of the court of the resolution and information and the records of the case within 10 days from the filling of the complaint or information, the judges shall personally evaluate the resolution of the prosecutor.
- In conducting the evaluation of the resolution the judge shall look into supporting evidence
- The judge will have to make a personal assessment of the complaint. The judge may not rely on the basis of the resolution or complaint. He has to see it for himself. The judge will have to satisfy if there is really a ground for the issuance of a warrant of arrest.
* There are three options of the judge upon the filing of the information
1. Dismiss the case if the evidence on record clearly failed to establish probable cause
2. If he or she finds probable cause, issue a warrant of arrest or issue a commitment order of the accused has already been arrested pursuant to a warrant of arrest or lawfully arrested without warrant.
3. In cases of doubt in the existence of probable cause, order the prosecutor to present the additional evidence within (5) days from notice, issue to be resolve by the court within (30) days from filing the information
CASES NOT REQUIRING A PRELIMINARY INVESTIGATION
- If the penalty imposable is less than 4 years, 2 months and 1 day it does not require preliminary investigation.
WARRANTLESS ARREST
- If the person has been arrested without a warrant of arrest then you do not conduct preliminary investigation what we conduct is an inquest proceeding.
NOTE:
- If a person arrested is in flagrante delicto while robbing the victim, the arrest is lawful one and a preliminary investigation is not required even if the penalty for robbery is more than 4 yrs, 2 months, and 1 day.
INSTITUTION OF CASES WHEN PRELIMINARY INVESTIGATION IS NOT REQUIRED
- Filed the case directly to the prosecutor
- Filed the complaint or information directly to municipal trial court
INSTANCES WHEN AMENDMENT OF AN INFORMATION DOES NOT WARRANT A NEW PRELIMINARY INVESTIGATION
- Amendment to information is not substantial
- The court orders the filing of correct information involving a cognate offenses
- If the crime originally charged is related to the amended charge such that an inquiry into one would elicit substantially the same facts that an inquiry to another would reveal.
INSTANCES WHEN AMENDMENT OF AN INFORMATION WARRANTS A NEW PRELIMINARY INVESTIGATION
- If the amendment of the information changes the name of the crime charged
- When on its face the information is null and void for the lack of authority to file the same and cannot be cured or revived by an amendment.
REMEDIES OF ACCUSED IF THERE WAS NO PRELIMINARY INVESTIGATION
- The accused must do so before he enters his plea
- Failure to invoke the right before entering a plea will amount to a waiver.
INQUEST
- It is an informal and summary investigation conducted by a public prosecutor in criminal cases involving person arrested and detained without the benefit of 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 in court.
DUTIES OF AN INQUEST OFFICER
- Recommend the release of the person arrested or detained
- Note down the disposition on the referral document
- Prepare a brief memorandum indicating the reason for the action taken
- Forward the same, together with the record of the case.
PERSON TO CONDUCT PRELIMINARY INVESTIGATION
- It may be conducted by the Inquest officer himself or by any other Assistant Prosecutor to whom the case may be assigned. Which investigation shall be terminated within (15) days from its inception
INQUEST PROCEEDING
- Affidavit of arrest
- Investigation report
- The statement of the complaint and witnesses
- Other supporting evidence
NOTE;
- The affidavit of arrest and statement/affidavits of the complainant and the witnesses to be subscribed and sworn to before him by the arresting officer and the affiants.
INSTANCES WHEN PRODUCTION OF A DETAINED PERSON BEFORE THE INQUEST OFFICER IS DIPENSED WITH;
- If he is confined in a hospital
- If he is detained in a place under maximum securityIf production of the detained person will involve security risks
- If the presence of the detained person is not feasible by reason of age, health, sex and other similar factors.
ARREST
- It is the taking of a person into custody in order that he may bound to answer for the commission of an offense (Sec. 1 Rule 113)
PERSON WHO ARE NOT SUBJECT TO ARREST
- Senator or member of the house of representative or congressman if the imprisonment is not more than 6 years while congress is in session
- The representatives of foreign states or foreign government you cannot arrest them because they are immune from the criminal jurisdiction of the country pursuant to a treaty obligation of the Philippines.
- The arrest of duly accredited ambassadors, public ministers of a foreign country their duly registered domestics subject to the principle of reciprocity.
HOW DO YOU MADE ARREST
- Arrest is either voluntary or the arresting officer putting an actual restraint of a person.
NOTE:
- Arrest may be made on any day at any time of the day or night (Sec. 6, Rule 113)
- The head of the office to whom the warrant was delivered must cause it to be executed within (10) days from its receipt, and the officer to whom it is assigned must make a report to judge who issued the warrant within (10) says from the expiration of the period. If he fails to execute it, he should state the reason thereof (Sec.4, Rule 113)
ARREST WITHOUT WARRANT, WHEN LAWFUL?
- Accused is already in detention
- Complaint or information was filed pursuant to a valid warrantless arrest
- Has no penalty of imprisonment
INSTANCES OF WARRANTLESS ARREST
(1) Inflagrante delicto arrest is when in his presence, the person to be arrested has committed is actually committing or is attempting to commit an offense.
(2) Doctrine of hot pursuit is when an offense has in fact been committed and the arresting person has probable cause to believe based on personal knowledge of facts and circumstances that the person to be arrested has committed.
(3) Escapee in a penal institution is when the person to be arrested is a prisoner who has escaped from a penal establishment or a 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.
- By actual restraint of the person to be arrested
- By voluntary of his submission to the custody of the person making the arrest.
ARREST MADE BY THE OFFICER WITH WARRANT
GENERAL RULE:
- No violence or unnecessary force in making arrest. The person arrested shall not be subject to a greater restraint than is necessary for his detention.
EXCEPTION:
- If necessary to secure and detain thee offender, overcome his resistance prevent his escape recapture him and protect himself from bodily harm. However, do not abuse the authority given.
*An officer may break into the building or enclosure to effect an arrest provided that:
- The person to be arrested is or reasonably believed to be in the said building
- The officer has announced his authority and purpose for entering therein
- He has requested and been denied admittance.
*Object subjected to confiscation from the person arrested
- Objects subject of the offense or used or intended to be used in the commission of the crime
- Objects which are fruits of the crime
- Those which might be used by the arrested person to commit violence or to escape
- Dangerous weapons
ARREST MADE BY OFFICER WITH WARRANT
- Arrest must be effected first before the search it should not be the other way around.
- If you conducted the search, first you have arrests a person on the basis of such search then the arrest would not be valid and therefor any and all evidence obtained in violation of the constitutional right of the person will be inadmissible in evidence.
- Reliable information alone is not sufficient to justify a warrantless arrest under (Sec. 5, Rule 113)
- You need to have a personal knowledge of the facts and circumstances that will constitute a reasonable belief that the person is committing a crime. If you do not have personal knowledge that a person is committing a crime you cannot arrest otherwise the arrest will be invalid and whatever evidence obtained therein will be inadmissible in evidence and you can be held liable for illegal arrest.
GENERAL RULE:
- No peace officer or person has the power or authority to arrest anyone without a warrant except in those cases expressly authorized by law as mentioned above.
PERSONAL KNOWLEDGE
- It means actual belief or reasonable grounds of suspicion that the person to be arrested is probably guilty of the offense based on actual facts.
- Personal knowledge has no reference to the actual commission of the come but to personal knowledge of facts leading to probable cause.
OBLIGATION OF THE ARRESTING OFFICER AFTER THE WARRANTLESS ARREST
- The arresting officer must comply with the provision.
PERIOD FOR OFFICERS TO DELIVER THE PERSON DETAINED UNDER ARTICLE 125 OF THE RPC
- The person must be deliver to the judicial authorities within a perios specified in Article 125.
- 12 hours - light penalties
- 18 hours - correctional penalties
- 36 hours - afflictive or capital penalties warrant of arrest
RATIFICATION OF AN ILLEGAL ARREST
- Motion to quash of the warrant of arrest because there was illegality in the arrest of the arrest.
REQUISITES OF A VALID WARRANT OF ARREST
- It is a legal process issued by a competent authority, directing the arrest of a person or persons upon the ground stated therein.
- Only the judge can issue the warrant of arrest.
PERIOD OF VALIDITY OF A WARRANT OF ARREST
- There is no time limit is fixed for the validity of a warrant of arrest unlike in a search warrant, which is effective only for (10) days. It remains valid until arrest is effected or the warrant is lifted. It is lifetime unless it is revoke by the court which issued such warrant of arrest.
OSUNA, CHARLENE MAY M.
3C2 BS-CRIMINOLOGY LSPU-SPCC
Good Day Atty!
In this discussion it includes some important portion of preliminary investigation. First we have resolution of investigating prosecutor. The prosecutor prepare the resolution and information if he finds cause to hold the defendant for trial that was according to sec. 4 of rule 112.
The last affidavit to be filed is the reply affidavit. As mentioned above the investigating prosecutor shall filed resolution and information if he find the mentioned reason. The resolution of investigating prosecutor is under oath and certify the following: That he or she, or as shown by the record, an authorized officer, has personally examined the complainant and his witness, that there is a reasonable ground to believe that crime has been committed, that the accused is probably guilty thereof, that the respondent informed of the complaint and of the evidence submitted against him and that he has given an opportunity to submit controverting evidence.
The process to institute a case when preliminary investigation is not required are:
1)filed the complaint directly to prosecutor,
2)filed the complaint and information with the MTC
INQUEST
-is an formal summary investigation conducted by a public prosecutor involving a criminal case involving the persons arrested and detained without the benefits of warrant of arrest. The duties of inquest officer is determined if the arrest is valid if not recommended to release of a detained person and the disposition on the referral document.
ARREST
-is the taking of a person into custody in order that he may be bound to answer for the commission of offense. Person who are not subjected to arrest
ARREST RULE 113
-Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of offense.
Person who are not subjected to arrest.
1)a Senator or a congressman if the imprisonment is not more than 6 years while congress is in session.
2) pursuant to Vienna convention those who are representative of foreign states or foreign government for the reason that they are immune for criminal jurisdiction of the country pursuant to the treaty obligation of the Philippines.
Obligation of the arresting officer must comply with the provisions of article 125 of the RPC, otherwise, he may be held criminally liable for arbitrary detention under article 124 of the RPC. Jurisdiction over the person arrested must be transferred to the judicial authorities. Article 125 is a procedural requirement in case of warrantless arrest.
PERIOD FOR OFFICERS TO DELIVER THE PERSON DETAINED UNDER ARTICLE 125 OF THE REVISED PENAL CODE
12 hours - light Penalties
18 hours - Correctional Penalties
36 hours - afflictive or Capital Penalties
HIla, Erika Aira A. (3C4)
Good day Atty. Thank you for this lecture.
In Resolution of Investigation Prosecutor finds cause to hold a defendant for trial, that he shall prepare a resolution or information (Section 4. Rule 112)
Different findings between the investigating prosecutor and superior prosecutor
-The higher authority can reverse the findings of the investigating prosecutor and order him to file the information in court.
Remedy of the aggrieved party from the resolution of the investigating prosecutor
-An aggrieved party may appeal by filing a verified petition for review with the secretary of justice and by furnishing copies off to the adverse party and the prosecution office issuing the appealed resolution.
Reverse or modify the resolution of the provincial or city prosecutor
- The secretary of justice may review resolutions of his subordinates in criminal cases despite the information being filed in court. The secretary of justice class can also reverse or modify the resolution of the provincial or city prosecutor or chief state prosecutor.
When warrant of arrest may issue
-Within 10 days from the filing of the complaint or information, the judge shall personally evaluate the resolution of the prosecutor.
Inquest
-It is 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.
Inquest Proceeding
-The inquest Officer shall, as far as practicable, cause the affidavit of arrest and statement/affidavits of the complainant and the witness.
Good day atty, Thank you for todays lecture this is the summary of what I've learned :
RESOLUTION OF INVESTIGATING PROSECUTOR
If the investigating prosecutor finds cause to hold the defendant for trial, he shall prepare the resolution and information ( Sec. 4 Rule 112)
- This is the output in a preliminary investigation after the submission of the parties of the complaint affidavit and the submission of the defendant or respondent of the counter affidavit
- if the complainant wishes to file a reply affidavit that can also be allowed by the investigating prosecutor and then the last affidavit to be filed is a rejoinder or a reply affidavit
- Order (Complaint affidavit, counter affidavit, rejoin affidavit and reply affidavit)
- after the submission of this affidavit the investigating prosecutor will prepare a resolution and information
REMEDY OF THE AGGRIEVED PARTY FROM THE RESOLUTION OF THE INVESTIGATING PROSECUTOR
- An aggrieved party may appeal by filing a verified petition for review with the Secretary of Justice and by furnishing copies thereof to the adverse party and the prosecution office issuing the appealed resolution.
- The appeal shall be taken within 15 days from the date of receipt of the resolution or if the denial of a motion for reconsideration and investigation if one has been filed within 15 days from the receipt of assailed resolution.
- Unless the Secretary directs otherwise, the appeal shall not stay the filing of the corresponding information in court on the basis of finding the probable cause assailed decision.
- The decision of the prosecutor may be reviewed by the courts when he acts with brave abuse of discretion amounting to lack of jurisdiction.
REVERSAL OR MODIFY THE RESOLUTION OF THE PROVINCIAL OR CITY PROSECUTOR
-The Secretary of Equity may motu propio switch or alter the determination of the common or city prosecutor or chief state prosecutor
-The Secretary of Equity may survey the determination of his subordinates in criminal case in spite of the data being recorded in court.
- The Secretary of Equity work out the control of coordinate control and supervision over prosecutors, and may in this way assert, invalidate, invert or adjust their decisions.
NOTE: That the determination of the ombudsman in authoritative cases may be subject of a appeal for audit beneath run the show 43 of the rules of court some time recently the court of requests or a uncommon gracious activity for certiorari through run the show 65 some time recently the incomparable court
- OMBUDSMAN is the special prosecutors;
- ADMINISTRATIVE CASE
WHEN WARRANF OF ARREST MAY ISSUE
- - Within 10 days from the filling of the complaint or information, the judge might actually assess or evaluate the determination of the prosecutor.
- The judge will have to make an individual evaluation of the complaint. The judge may not rely on the premise of the determination or complaint. He needs to see it for himself. The judge will need to fulfill in the event that there's truly a ground for the issuance of a warrant of capture.
INQUEST
-is an formal summary examination conducted by an public prosecutor including a criminal case including the people arrested and detained without the benefits of warrant of arrest. The obligations of examination officer is determined in the event that the arrest is substantial in case not recommended to discharge of a confined individual and the disposition on the referral record.
ARREST
-is the taking of a person into custody in order that he may be bound to answer for the commission of offense. Person who are not subjected to arrest
ARREST, HOW MADE
- made by an actual restraint of a peson to be arrested, or by his submission to custody of the person making the arrest NOTE arrest may be on any day.The head of the office whom the warrant was delivered must cause it to be executed within 10 days from receipt.
TUBOG, MARIEL ANNE O
3C2
This video discussion has taught me a lot, particularly the Criminal Procedure of the Arrest. First thing I have learned is when warrant of arrest may be issued. It says that the judge have options upon filing of an information; first is to dismiss the case if the evidence on record clearly failed to establish probable cause and second is if he or she finds probable cause, issue a warrant of arrest or issue a commitment order of the accused has already been arrested pursuant to a warrant of arrest or lawfully arrested without warrant; and in case of doubt as to the existence of probable cause, order the prosecutor to present additional evidence within five days from notice, the issue to be resolved by the court within thirty days from the filing of the information. Also, I have learned the duties of an inquest officer which is to recommend the release of the person arrested or detained; note down the disposition on the referral document; prepare a brief memorandum indicating the reasons for the action taken; and forward the same, together with the record of the case, to the City or Provincial Prosecutor for appropriate action. In addition, although I knew this already from my past subjects, this video discussion enhanced my knowledge regarding this- arrest without warrant, when lawful. The first instance is that when in the presence of the arresting person, the person to be arrested has committed, is actually committing or is attempting to commit an offense or simply termed as in flagrante delicto arrest. Second is when an offense has in fact been committed and the arresting person has probable cause to believe based on personal knowledge of facts and circumstances that the person to be arrested has committed it or what we call 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 his final judgment or temporarily confined while his case is pending or has escaped while being transferred from confinement to another or simply escaped from alcatraz. These are those knowledge I gained in this lecture. Thank you, sir and GodBless!
Good day sir thank you for the discussion the following is what I've learned:
RESOLUTION OF INVESTIGATING PROSECUTOR
- it is the output in a preliminary investigation after the submission of the parties of the complaint and the submission of counter-affidavit now if the complainant wishes to file a reply affidavit that can be also be allowed by the investigating prosecutor and the last affidavit to be file is reply affidavit.
DIFFERENT FINDING BETWEEN THE INVESTIGATING PROSECUTOR AND SUPERIOR PROSECUTOR
If the investigating prosecutor finds no reason to hold the respondent for trial to elevate the case to the courts, then he will recommend the dismissal of the complaint. However, since the resolution recommending the dismissal of the complaint is merely recommendatory. The superior authority can reverse the findings of the investigating prosecutor and direct investigating prosecutor to file information in court without the need of conducting a preliminary investigation.
REMEDY OF THE AGGRIEVED PARTY FROM THE RESOLUTION OF THE INVESTIGATING PROSECUTOR.
- In case you lose your case in the city prosecutor you can file a verified petition for review and file it in the secretary of justice.
- it’s the period of time which you can file your petition for review in 15 days from the date of the receipt of the resolution.
- No even if you have elevated to matter on appeal the filing of the information in court is suspended.
- The investigating prosecutor will issue a resolution and then he shall forward the resolution together with the records of the case to the higher authority.
REVERSAL OF MODIFICATION OF THE RESOLUTION OF THE PROVINCIAL OR CITY PROSECUTOR
- The secretary of justice can also reverse or modify the resolution of the provincial or the chief state prosecutor.
- The secretary of justice may not order the court to dismiss the case even if he finds the absence of probable cause.
REMEDY OF IN AGGRIEVED PARTY AGAINST A RESOLUTION ON THE SECRETARY OF JUSTICE.
- You can appeal your case before the office of the president and in the case of appeal secretary of justice you can appeal to the office of the president and if you lose in the office of the president the decision of the office of the president may be appealed before the art of appeals pursuant to rule 43 of the rules of court.
REMEDY OF AN AGGRIEVED OARTY AGAINST THE RESOLUTION OF THE OMBUDSMAN
- they are the special prosecutors, they are only assigned in violating of 3019 anti-graft and practices act, the plunder law, commission of crimes by a public official with a salary grade of 27 or higher.
EFFECT OF THE FILING OF A PETITION FOR REVIEW BEFORE THE DOJ IF THE INFORMATION WAS ALREADY FILED IN COURT.
- You are entitled to a suspension of the arraignment for a period of 60 days but cannot be longer than 60 days
INSTITUTION OF CASES WHEN PRELIMINARY INVESTIGATION IS NOT REQUIRED
- You can file a complaint directly to the prosecutor
ARREST
- A person is taken into the custody of the law so that he may be bound to answer for committing a crime.
PERSON WHO ARE NOT SUBJECTED TO ARREST
- you can’t arrest a senator or a congressman if the imprisonment is not more than 6 years while congress is in session.
- The chief of state, ambassadors, minister plenipotentiary, minister resident, and charges d'affaires are cannot be subjected to arrest because they are immune in the jurisdiction of the country.
- The duly accredited ambassadors, public minister of a foreign country, and their duly registered domestic is also cannot be subjected to arrest.
METHOD OF ARREST
- in actual restraint of the person be arrested
- in its submission to the custody of the person making the arrest
PERSONAL KNOWLEDGE
It should be actual belief don't bey on the presumptions it should be you are the witness in the violation of the act
Thank you po sir...
This is the summary of what I've learned:
In the resolution of investigation prosecutor, the investigating prosecutor may find cause to hold a defendant for trial, that he shall prepare a resolution or information according to Sec. 4 Rule 112. Also, the resolution of investigating prosecutor is recommendatory with approval of higher authority.
*This is the output in a preliminary investigation after the submission of the parties of the complaint affidavit and the submission of the defendant or respondent of the counter affidavit
*if the complainant wishes to file a reply affidavit that can also be allowed by the investigating prosecutor and then the last affidavit to be filed is a rejoinder or a reply affidavit
*Order (Complaint affidavit, counter affidavit, rejoin affidavit and reply affidavit)
*after the submission of this affidavit the investigating prosecutor will prepare a resolution and information
Resolution of Investigating Prosecutor
1. Duty of investigating prosecutor - he shall personally examine or interview or raise some clarificatory questions or probing questions to both the complainant and his witnesses.
2. The resolution shall also certify that there is a reasonable ground to believe that the crime has been committed.
3. That the accused or respondent is probably guilty thereof.
4. That the accused was informed of the complaint and of evidence submitted against him
5. That he was given an opportunity to submit controverting evidence.
Different findings between the investigating prosecutor and superior prosecutor:
*When the investigating recommends the dismissal of the complaint but his findings are reversed by the superior, prosecutor or ombudsman on the ground that the probable cause exist. The prosecutor by himself filed the information against the respondent.
Remedy of the aggrieved party from the resolution of the investigating prosecutor:
*That in case you lose in the city prosecutor then you can file a verified petition for review and file in the secretary of justice. Also, the period of time can file a petition is within 15 days from receipt of the assailed resolution.
Reversal or modification of the resolution of the provincial or city prosecutor:
*When you elevate the case the secretary of justice may motu proprio reverse or modify the resolution of provincial or city prosecutor or chief state prosecutor.
*Secretary of justice may not order the court to dismiss the case even even if he finds the absence of probable cause.
Remedy of an aggrieved party against resolution on the secretary of justice:
-*It can appeal your case before the office of the president and the case appealed secretary of justice. It can or you can appeal to the office of the president but if you lose in the office of the president the decision of the office of president may be appealed before the court of appeals pursuant to Rule 43 of the Rules of Court.
Remedy of an aggrieved against resolution on the ombudsman:
*Ombudsman is the special prosecutor (only assigned in the violation of 3019 or the Anti-Graft and Corrupt Practices Act, violation of plunder law, commission of crimes by public official with a salary grade of 27 or high.)
*The resolution of the ombudsman in the administrative cases may be subject of petition review.
Effect of filing of a petition for review before the DOJ if the information was already filed in court:
* The information should already be filed in court but the accused filed a petition for review of the findings of the prosecutor with the DOJ, the court may bound to suspend the arraignment of the accused for a period not exceeding 60 days. To be entitled in a suspension for the period of 60 days but it cannot longer 60 days.
When warrant of arrest may issue:
*Within 10 days from filing of the complaint or information then the judge shall personally evaluate the resolution of the prosecutor. And in conducting evaluation of the resolution the judge shall look into supporting evidence.
*The judge will make a personal assessment of the complaint, but may not rely only on the basis of the resolution or complaint, he has to see it for himself. Also, the judge will have to satisfy if there is really a ground for the issuance of a warrant of arrest.
There are three options of the judge in cases he receives the information that will make a personal evaluation of the complaint and the evidence adduced by the complaint and his witnesses:
(1) If there is no enough evidence, he can dismiss the case outright.
(2) If there is evidence, he can issue a warrant of arrest but if the accused had already been arrested, the court will issue a commitment order. If the accused had been arresting pursuant to a warrant of arrestor lawful arrest without the warrant or warrantless arrest.
(3) In cases exists then he can order the prosecutor to present the additional evidence within 5 days and that must be resolve within 30 days from the time of the filling of the information.
Cases not requiring a preliminary investigation:
*If the penalty impossible is less than 4 years, 2 months and 1days it does not require preliminary investigation.
*Under warrantless arrest - if the person has been arrested without a warrant of arrest then you do not conduct preliminary investigation.
* If the complaint is filed with the prosecutor, the prosecutor shall act on the complaint based on the affidavits and other supporting documents submitted by the complaint within 10 days of its filing.
Institution of cases when preliminary investigation is not required:
*Filing the complaint directly to the prosecutor.
-*Filing the complaint or information with the MTC.
Remedies of the accused if there was no preliminary investigation:
*The court cannot be dismiss the complaint on this ground, and it should conduct the investigation or order by the fiscal or lower court to do it considering the inquest investigation conducted by the state prosecutor is null and void.
Inquest:
*Is an informal and summary investigation conducted by a public prosecutor in criminal cases involving person arrested and detained without the benefit of 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 in court.
Duties of inquest officer:
*Recommend the release of the person or detained.
*Note down the disposition on the referral document.
*Prepare a brief memorandum indicating the reasons action taken.
*Forward record of case.
Person to conduct preliminary investigation:
*Conducted by the inquest officer or by another assistant prosecutor.
Arrest under Rule 113:
*Taking a person into the custody in order that he may be bound to answer for the commission of an offense.
*The judge will have to make a personal assessment of the complaint. The judge may not on the basis of the resolution or complaint. He has to see it for himself. The judge will have to satisfy if there is really a ground for the issuance of a warrant of arrest.
How arrest made:
*The head of the office whom the warrant was delivered must cause it to be executed within 10 days from receipt.
The method of arrest:
* By actual restraint of the person to be arrested.
*By his submission to the custody of the person making the arrest.
There are three options of the judge in cases he receives the information that will make a personal evaluation of the complaint and the evidence adduced by the complaint and his witnesses.
(1) If there is no enough evidence, he can dismiss the case outright.
(2) If there is evidence, he can issue a warrant of arrest but if the accused had already been arrested, the court will issue a commitment order. If the accused had been arrested pursuant to a warrant of arrestor lawful arrest without the warrant or warrantless arrest.
(3) In cases exists then he can order the prosecutor to present the additional evidence within 5 days and that must be resolve within 30 days from the time of the filling of the information.
Cases not requiring a preliminary investigation
*if the penalty impossible is less than 4 years, 2 months and 1days it does not require preliminary investigation.
*warrantless arrest - if the person has been arrested without a warrant of arrest then you do not conduct preliminary investigation.
COMIA, JOHN ANGEL A.
3C4
Good day Sir. In this lesson, I discovered that the resolution of investigating prosecutor is the product of the preliminary inquiry after the filing of the complaint affidavit by the parties and the counter affidavit by the respondent. It is made up of a reply affidavit and a rejoin affidavit. The prosecutor will draft a report after receiving this affidavit. After the submission of this affidavit, the prosecutor will prepare a settlement, but only if he believes there is sufficient evidence to hold the respondents for trial. Furthermore, it was stated that the investigation officer would certify the following under oath:
1. He shall personally examined or interview and ask some proving questions to both of the complainant and the witnesses.
2. To determined reasonable ground to believe that the crime has been committed.
3. That the accused is probably guilty thereof.
4. That the accused was informed of the complaint and the evidence submitted against him;
5. That he was given an opportunity to submit controverting evidence.
Following that, if the prosecuting prosecutor finds that the respondents should be held for trial within 5 days of the issuance of his resolution, he will forward the case record to the Provincial or City Prosecutor, or the Chief State Prosecutor, or the Ombudsman, or the deputy by the Sandigan Bayan in the exercise of its original authority. Furthermore, when the investigating prosecutor drafts a resolution, it is purely advisory. This resolution must be approved by the higher official, regional or city prosecutor, chief state prosecutor, ombudsman, or his deputy. The proposal will not have legal force until these approvals are obtained. When the conclusions of the investigating prosecutor and the superior prosecutor vary, the superior prosecutor has the authority to overturn the findings of the investigating prosecutor. Then, in terms of the remedies that the aggrieved party could seek as a result of the investigating prosecutor's decision. They should submit a validated petition for review to the secretary of justice. It must be filed within 15 days of receiving the resolution or denial request for reconsideration. Furthermore, the secretary of justice has the authority to overturn or modify the decision of the regional or city prosecutor or the chief state prosecutor. After the judge is satisfied that there is a need to issue a warrant, the warrant of arrest may be issued. However, if the testimony fails to demonstrate probable cause, the judge has the authority to dismiss the lawsuit. However, once he considers probable cause, he may issue a subpoena or a commitment order if the accused has already been arrested in accordance with a warrant of arrest. Furthermore, if there is any uncertainty, the court could order the prosecutor to provide further evidence within 5 days of notice. The court will then settle the matter within 30 days of receiving the evidence. Then these are the cases that do not necessitate a preliminary investigation:
1. A sentence of less than 4 years, 2 months, and 1 day in jail.
2. Where a suspect was apprehended without the use of a warrant.
Arrests can take place at any time of day or night. The arrest must be carried out within 10 days of its receipt. Failure to execute it within the prescribed time frame should be justified. Examples of legal warrantless arrests are Inflagrante delicto arrest and if the arresting officer has personal knowledge of the evidence and probable cause to arrest the suspect and lastly If the person to be arrested is an inmate who has escaped.
BOSINOS, BENSON R. 3C3
Good day Attorney, thank you for this this video recorded
lecture.
To arrest anyone means to place them in the custody of the
law in order to bind them for committing a crime (Section 1, Rule 113 of the
Rules on Criminal Procedure). There are two types of arrests: (a) warranted
arrests and (b) arrests without a warrant.
An arrest with a warrant presupposes that an
affidavit-complaint was filed against the suspect (respondent) with the Office
of the Prosecutor (or in certain exceptional cases with the Department of
Justice), and it finds probable cause to charge him in court. The court
separately finds probable cause for the issuance of a warrant of arrest against
him
On the other hand, a warrantless arrest takes place when a
person to be arrested is caught committing, about to commit or has just
committed a crime. Regardless of the type of arrest, the person arrested will
have to be brought to the nearest police station. In all cases, the taking of
custody should not be subject to a greater restraint than which is necessary
for the suspect’s detention. The officer may break into any building or
enclosure where the person to be arrested is or is reasonable believed to be,
if he is refused admittance; and he may also break out when necessary to
liberate himself.
A person arrested with a warrant is placed under the
jurisdiction of the court that issues it and will have to be arraigned and
subjected to pre-trial within a period of 10 days from receipt of the case
(Section 8, Part III, Guidelines for Continuous Trial). The intention of the
Rules is to bring the arrestee, now the accused, to trial to confront the
witnesses and evidence presented against him, and for the court thereafter to
render the judgment. However, warrantless arrest proceeds in a different legal
direction before it goes to court.
Done watching sir! AVERION, DIANNE D. 3C4
In this video recorded lecture, I've learned that if the investigating prosecutor find cause to hold the defendant for trial, he shall prepare the resolution and information. the duty of the investigating prosecutor is to examine he shall personal examine, interview or raise some clarificatory questions or proving question to both complaint and his witnesses. the investigating prosecutor will do is to forward the record of the case to provincial prosecutor or chief prosecutor or to the ombudsman or his deputy by the sandigang bayan in the excercise of its original posecutor.
within 5 days form the preparation of this resolution he shall forward the record of the case to higher authority ( provincial prosecutor, the city prosecutor or chief state prosecutor, ombudsman)
-incase that tbe investigating prosecutor will draft a resolution that draft of is merely recommendatory it means that it is not final.
-the higher authority can reverse the investigating prosecutor in order to file information in court.
-the verified petition for the review will filed with the secretary of justice.
-ombudsman are the special prosecutors who assigned in violation of 3019 the violation of the plunder law, no commission of crimes by a public official with a salary grade of 27 or higher and jurisdiction.
Instances when amendment of an information does NOT warrant a new preliminary investigation
(1) Amendment to information is not substancial(2) the court orders the filing of correct information involving a cognate offense (3) crime originally charge is relaxed to the amended charge
-the accused may file his preliminary investigation before he enters his play. failure in entering a plee will amount to a waiver.
Inquest is 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 not said persons should remain under custody and charge in court. The inquest officer shall, as far as practicable, cause the affidavit of arrest and statements of the complainant and the witness to be subscribed before him arresting officer.
Arrest (Rule 113) is taking a person into custody in order that he may be bound to answer for the commission of an offense. the arrest may be made on any day at any time of the day or night. the method of arrest (1) by actual restraint of the person to be arrested (2) by his submission to the custody of the person making the arrest.always keep in mind, Do not use violence of unneccessary force in affecting the arrest.
DE LUNA JR. DOMINADOR A. 3C4
Basically, base on the topic provided about the
Resolution or Investigating Prosecutor if the investigating prosecutor finds cause to hold the defendant for trial, he shall prepare the resolution and information ( Sec. 4 Rule 112)
- This is the output in a preliminary investigation after the submission of the parties of the complaint affidavit and the submission of the defendant or respondent of the counter affidavit
- if the complainant wishes to file a reply affidavit that can also be allowed by the investigating prosecutor and then the last affidavit to be filed is a rejoinder or a reply affidavit
- Order (Complaint affidavit, counter affidavit, rejoin affidavit and reply affidavit)
- after the submission of this affidavit the investigating prosecutor will prepare a resolution and information
Resolution of Investigating Prosecutor:
-Firstly, Duty of investigating prosecutor - he shall personally examine or interview or raise some clarificatory questions or probing questions to both the complainant and his witnesses.
-Secondly, the resolution shall also certify that there is a reasonable ground to believe that the crime has been committed.
-Thirdly, that the accused or respondent is probably guilty thereof.
-FourthThat the accused was informed of the complaint and of evidence submitted against him
-And the last, that he was given an opportunity to submit controverting evidence.
In a certain circumstances in the case that the investigating prosecutor find ground or reason to hold the respondent for trial is to prepare resolution. Within 5 days from the preparation of this resolution he shall forward the record of the case to the higher authority.
Higher authority - provicial prosecutor or in case of cities with their own prosecutors then the city prosecutor or it can be forwarded as well to the chief state prosecutor or to the Ombudsman or his deputy in cases cognizable by Sandiganbayan in the exercise of it original jurisdiction. In the case that the investigating prosecutor find ground or reason to hold the respondent for trial is to prepare resolution
Furthermore, in case the investigating prosecutor will draft a resolution that draft is merely recommendatory meaning it is not yet final because no complaint or information may be filed or dismissed by an investigating prosecutor without the written authority or approval of the provincial or city prosecutor or chief state prosecutor or the Ombudsman or his deputy.
Since the resolution prepared by the investigating prosecutor is merely recommendatory it needs thr approval of the higher ups. Without the approval of this higher authority that resolution will not take its effect. If the higher authority will delegate the authority of approval of a resolution then that delegation must be done in a prior writthe authority.
Different things between investigating prosecutor and superior prosecutor
- If the investigating prosecutor finds no reason to hold the respondent for trial to elevate the case to the court then he will recommend the dismissal of the complaint however since that resolution recommending the dismissal of the complaint is merely recommendatory the superior authority can reverse the findings of the investigating prosecutor and direct the investigating prosecutor to file an information in court without the need of counducting preliminary investigation.
Remedy of the aggrieved party from the resolution of the investigating prosecutor
- for example if complaint has been dismissed the complainant can exercise some remedies (left of the losing party) or the aggrieved party from the resolution of the investigating prosecutor.
- In case you lost your case in the court city prosecutor or the provincial prosecutor, file a verified petition for review with the Secretary of Justice and have furnish copy of your petition to the adverse party and the prosecution office whose resolution is being assailed.
- You can file it 15 days from the date of receipt of the resolution or if you file a motion for reconsideration the 15 days will be counted from the receipt of the resolution denying your motion for reconsideration for investigation.
Verified petition for review
- the complainant or the respondent or the parties to the case must have to sign the petitionf or review.
- the party has read the contents of the petition and that the allegation are in are true and correct based on personal knowledge or on automatic records.
Reversal or modification of the resolution of the provincial or city prosecutor
- If the provincial or city prosecutor can reverse the investigating prosecutor the secretary of justucs can also reverse or modify the resolution of the provincial or city prosecutor or chief state prosecutor. It can renew the resolution of his subordinates even if the cases are file in court
- The Secretary of justice may not order the court to dismiss the case even if he findsnthe absence of probable cause. Only the court of law will have exlusive power as to the disposition of the case. Once the information is filed in court, the court has exclusive jurisdiction or authority to dispose the case.
Remedy of an aggrieved party against a resolution of the secretary of justice
- You can appeal your case before the office of the President. The decision of the Office of the President may be appealed before the court of appeals pursuant to Rule 43 of the Rules of Court.
Remedy of an aggrieved party against the resolution of Ombudsman
- Ombudsman - special prosecutor (only assigned in the violation of 3019 or the Anti-Graft and Corrupt Practices Act, violation of plunder law, commission of crimes by public official with a salary grade of 27 or high.
- jurisdiction - with the Office of the Ombudsman
- if administrative case, what you file is rules 43 petition for review, you file it with court of appeals. If it is a criminal case, you file it before the Supreme Court and then what you file is petiton for certiorari under rule 65 of the Rules of Court.
When warrant of arrest may issue
- Within 10 days from the filling of the complaint or information, the judge shall personally evaluate the resolution of the prosecutor.
- the judge will have to make a personal assessment of the complaint. The judge may not relt on the basis of the resolution or complaint. He has to see it for himself. The judge will have to satisfy if there is really a ground for the issuance of a warrant of arrest.
There are three options of the judge in cases he receives the information that will make a personal evaluation of the complaint and the evidence adduced by the complaint and his witnesses.
(1) If there is no enough evidence, he can dismiss the case outright.
(2) If there is evidence he can issue a warrant of arrest but if the accused had already been arrested, the court will issue a commitment order. If the accused had been arrest pursuant to a warrant of arrestbor lawful arrest without the warrant or warrantless arrest. (3) In cases exists then he can order the prosecutor to present the additional evidence within 5 days and that must be resolve within 30 days from the time of the filling of the information.
Cases not requiring a preliminary investigation
- if the penalty impossable is less than 4 years, 2 months and 1days it does not require preliminary investigation.
- warrantless arrest - if the person has been arrested without a warrant of arrest then you do not conduct preliminary investigation.
BOOL, HAZEL D.
3C2
Thank you sr for this lesson!
INVESTIGATING PROSECUTOR'S RESOLUTION
If the investigating prosecutor determines that there is sufficient reason to detain the suspect for prosecution, he must schedule the resolution and information (section 4, Rule 112). (1). This is the result of the formal inquiry after the filing of the complaint affidavit by the parties and the counter affidavit by the complainant or respondent. However, if the complainant wants to file a reply affidavit, the investigating prosecutor can approve it, and the last affidavit to be filed is a rejoinder or a reply affidavit.
(2). After the filing of this affidavit, the prosecuting counsel will file a settlement and evidence if he believes there is cause or basis to keep the answer pending trial.
UNDER OATH, THE INVESTIGATING OFFICER SHALL CERTIFY THE FOLLOWING:
(1) That he, or, as the record shows, an authorised official, directly examined, raised, or interviewed any clarifying questions, probing questions to both the defendant and his witnesses; (2) That there is good cause to conclude that a crime has been committed;(3) That the accused or respondents was most likely guilty; (4) That the accused was told of the accusation and the facts presented against him; and - That he was permitted to present controverting evidence.
WHO HAS THE HIGHER AUTHORITY?
(1) It can be the regional prosecutor or, in cities with their own judges, the municipal prosecutor; it can also be referred to the chief state prosecutor or the Ombudsman or his assistant in cases cognizable by the Sandiganbayan in the exercise of its original authority. (2) They shall act on the resolution within ten (10) days from their receipt thereof and shall immediately inform the parties of such actions. (3) In the case that the investigating prosecutor found ground or reason to hold the respondent for trial is to prepare a resolution.
DIFFERENT THINGS BETWEEN INVESTIGATING PROSECUTOR AND SUPERIOR PROSECUTOR
(1) If the investigating prosecutor finds no reason to hold the respondent for trial meaning to elevate the case to the courts then he will recommend the dismissal of the complaint. (2) However, since that resolution recommending the dismissal of the complaint is merely recommendatory the superior authority can reverse the findings of the investigating prosecutor and direct the investigating prosecutor to file information in court without the need of conducting a preliminary investigation.
WHAT IS A VERIFIED PETITION FOR REVIEW?
(1) The complainant or the respondent or the parties to the case must have to sign the petition for review. (2) The party has read the contents of the petition and that the allegation is in are true and correct based on personal knowledge or on automatic records.
REVERSAL OR MODIFICATION OF THE RESOLUTION OF THE PROVINCIAL OR CITY PROSECUTOR
- If the provincial or city prosecutor can reverse the investigating prosecutor the secretary of justices can also reverse or modify the resolution of the provincial or city prosecutor or chief state prosecutor. It can renew the resolution of his subordinates even if the cases are file in court
- The Secretary of justice may not order the court to dismiss the case even if he finds the absence of probable cause. Only the court of law will have exclusive power as to the disposition of the case. Once the information is filed in court, the court has exclusive jurisdiction or authority to dispose of the case.
WHEN WARRANT OF ARREST MAY ISSUE
- Within 10 days from the filling of the complaint or information, the judge shall personally evaluate the resolution of the prosecutor.
- The judge will have to make a personal assessment of the complaint. The judge may not rely based on the resolution or complaint. He has to see it for himself. The judge will have to satisfy if there is really a ground for the issuance of a warrant of arrest.
CASES NOT REQUIRING A PRELIMINARY INVESTIGATION
(1) If the penalty imposable is less than 4 years, 2 months, and 1days it does not require preliminary investigation. (2). In the instances of warrantless arrest if the person has been arrested without a warrant of arrest then you do not conduct a preliminary investigation.
INQUEST
- it is 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 to determine whether or not that persons should remain under custody and corresponding be charged in court. (Sec. 1 DOJ Circular No. 61)
Then the cases that do not require preliminary investigation:
1. Having a penalty of less than 4yrs, 2months and 1 day of imprisonment.
2. When a person was arrested by the virtue of warrantless arrest.
Arrest can be conducted on any day, at any time day or night. The arrest must be executed within 10 days upon its receipt. Failure to conduct it within the prescribe period should state the reasons therefore.
Instances of a valid warrantless arrest:
1. Inflagrante delicto arrest
2. If the arresting officer have his personal knowledge and probable cause that the facts that the person must be arrested. (doctrine of hot persuit)
3. If the person to be arrested is an escapee prisoner.
Civil procedure videos naman po atty please
Good Day Sir!
This is the summary of what I've learned in your discussion.
Resolution of investigating prosecutor under Section 4 of Rule 112; if the investigating prosecutor find cause to hold the defendant for trial, he sha prepare the resolution and information.
The investigating officer under oath shall certify that he, or shown by the record, an authorized officer has personally examined the complain and his witnesses; that there is reasonable ground to believe that the crime has been committed; that the accused of the respondent is probably guilty thereof; that the respondent was informed of the complaint and of the evidence submitted against him; and that he was given an opportunity to submit controverting evidence.
If that there's a finding on the part of the investigating prosecutor to hold within five(5) days, he has to forward the record of the case to the provincial or city prosecutor or chief state prosecutor or the ombudsman or his deputy by the sandigangbayan in the exercise of its original jurisdiction. They shall act on the resolution within ten(10) days from receipt thereof and shall immediately inform the parties of such action.
* in case the investigating prosecutor will draft a resolution that draft is merely recommendatory (not yet final) section 4 of rule 112. Resolution will not take its legal effect without the approval of the higher ups such as the provincial or city prosecutor, chief state prosecutor or the ombudsman or his deputy.
-There are cases that doesn't need an approval from the above mentioned higher ups, it is if the the higher up or the provincial or city prosecutor will delegate the authority of approval of a resolution then that delegation must we done ina prior written authority.
DIFFERENT FINDINGS BETWEEN THE INVESTIGATING PROSECUTOR AND SUPERIOR PROSECUTOR
- If the investigating prosecutor find no reason to hold the respondent for trial then he could recommend the dismissal of the complaint however since the resolution complaint is merely recommendatory the superior authority can reverse the findings of the investigating prosecutor and direct to file an information in court without the need of conducting preliminary investigation.
REMEDIES THAT CAN EXERCISE BY THE COMPLAINANT
-They can file a verified petition for review with the secretary of justice. The appeal shall be taken within fifteen (15) days from receipt of the resolution of of the denial of the motion for reconsideration or reinvestigation. Only one motion for reconsideration shall be allowed.
REVERSAL OF MODIFICATION OF THE RESOLUTION OF THE PROVINCIAL OR CITY PROSECUTOR
- Secretary of justice can also reverse OR modify the resolution of the provincial or chief state prosecutor. He or she may not order the court to dismiss the case even if he or she finds an absence of the probable cause.
REMEDIES IN AGRIEVED PARTY AGAINST A RESOLUTION ON THE SECRETARY OF JUSTICE
-A complainant can appeal their case before the office of the president. In case that he or she lose in the office of the president he or she may be appealed before the court or appeals pursuant to rule 43 of the rules of court.
REMEDIES OF AN AGRIEVED PARTY AGAINST THE RESOLUTION OF THE OMBUDSMAN
- Ombudsman are the special prosecutors, that they are only assigned in validating the 3019 Anti-graft and practices act, the plunder law, commission of crimes committed by a public official with a salary grade of 27 and higher than that.
EEFECTS OF THE FILING OF A PETITION FOR REVIEW BEFORE THE DEPARTMENT OF JUSTICE ON THE INFORMATION WAS ALREADY FILED IN COURT
-A complainant is entitled to a suspension of the arraignment for the period of sixty(60) days and it can't be longer than that
*if preliminary investigation is not required he or she can filed the complaint directly to the prosecutor.
arrest-a person who has been arrested will be taken into the custody of the law so he or she may bound to answer for the commission of the crime.
THE FOLLOWING ARE THE PERSONS WHO ARE NOT SUBJECTED TO ARREST
-a SENATOR or a CONGRESSMAN-you can't arrest them if his or her imprisonment is not more than six(6) years and while the congress is in session
-the CHIEF OF THE STATE, AMBASSADOR, MINISTER PLENIPOTENTIARY, MINISTER RESIDENT AND CHARGES d'affaires-they can't be subjected for the reason that they are immune in the jurisdiction of the country
-the DULY ACCREDITED AMBASSADOR, PUBLIC MINISTER OF A FOREIGN COUNTRY, and their DUKY REGISTERED domestic they can't be also subjected to an arrest
GARING, DOLORES E. BS CRIMINOLOGY (3C4)
TEJADA, CHUSTYN L.
3C1
This is the summary of my learning in this lesson:
Resolution or Investigating Prosecutor
If the investigating prosecutor finds cause to hold the defendant for trial, he shall prepare the resolution and information (Sec. 4 Rule 112)
This is the output in a preliminary investigation after the submission of the parties of the complaint affidavit and the submission of the defendant or respondent of the counter affidavit. If the complainant wishes to file a reply affidavit that can also be allowed by the investigating prosecutor and then the last affidavit to be filed is a rejoinder or a reply affidavit. Order such as complaint affidavit, counter affidavit, rejoin affidavit and reply affidavit and after the submission of this affidavit the investigating prosecutor will prepare a resolution and inform.
The investigating officer under oath shall certify the following: (1) That he, or as shown by the record, an authorized officer, has personally examined, raise or interview some clarificatory question, probing questions to both the complainant and his witnesses; (2) That there is reasonable ground to believe that crime has been committed; (3) That the accused or respondents is probably guilty thereof (4) That the accused was informed of the complaint and of the evidence submitted against him; and (5) That he was allowed to submit controverting evidence.
However, in the case that the investigating prosecutor found ground or reason to hold the respondent for trial is to prepare resolution. Within the period of 5 days from the preparation of this resolution he shall forward the record of the case to the higher authority. Higher authority is defined as provincial prosecutor or in case of cities with their own prosecutors then the city prosecutor or it can be forwarded as well to the chief state prosecutor or to the Ombudsman or his deputy in cases cognizable by Sandiganbayan in the exercise of it original jurisdiction. In the case that the investigating prosecutor find ground or reason to hold the respondent for trial is to prepare resolution In case the investigating prosecutor will draft a resolution that draft is merely recommendatory meaning it is not yet final because no complaint or information may be filed or dismissed by an investigating prosecutor without the written authority or approval of the provincial or city prosecutor or chief state prosecutor or the Ombudsman or his deputy. Since the resolution prepared by the investigating prosecutor is merely recommendatory it needs the approval of the higher ups. Without the approval of this higher authority that resolution will not take its effect. If the higher authority will delegate the authority of approval of a resolution then that delegation must be done in a prior written authority.
Different things between investigating prosecutor and superior prosecutor
If the investigating prosecutor finds no reason to hold the respondent for trial meaning to elevate the case to the courts then he will recommend the dismissal of the complaint.
However, since that resolution recommending the dismissal of the complaint is merely recommendatory the superior authority can reverse the findings of the investigating prosecutor and direct the investigating prosecutor to file information in court without the need of conducting a preliminary investigation.
Remedy of the aggrieved party from the resolution of the investigating prosecutor
An aggrieved party may appeal by filing a verified petition for review with the Secretary of Justice and by furnishing copies thereof to the adverse party and the prosecution office issuing the appealed resolution. The appeal shall be taken within 15 days from the date of receipt of the resolution or if the denial of a motion for reconsideration and investigation if one has been filed within 15 days from the receipt of assailed resolution. Unless the Secretary directs otherwise, the appeal shall not stay the filing of the corresponding information in court on the basis of finding the probable cause assailed decision. The decision of the prosecutor may be reviewed by the courts when he acts with brave abuse of discretion amounting to lack of jurisdiction.
A verified petition for review is considered when the complainant or the respondent or the parties to the case must have to sign the petition for review and that the party has read the contents of the petition and that the allegation is in are true and correct based on personal knowledge or on automatic records.
Reversal or modification of the resolution of the provincial or city prosecutor
If the provincial or city prosecutor can reverse the investigating prosecutor the Secretary of Justice can also reverse or modify the resolution of the provincial or city prosecutor or chief state prosecutor. It can review the resolution of his subordinates even if the cases are file in court.
The Secretary of Justice may not order the court to dismiss the case even if he finds the absence of probable cause because only the court of law will have exclusive power as to the disposition of the case. Once the information is filed in court, the court has exclusive jurisdiction or authority to dispose the case.
Remedy of an aggrieved party against a resolution of the secretary of justice
A person can appeal your case before the office of the President and that the decision of the Office of the President may be appealed before the court of appeals pursuant to Rule 43 of the Rules of Court.
Remedy of an aggrieved party against the resolution of Ombudsman
Ombudsman is special prosecutor (only assigned in the violation of 3019 or the Anti-Graft and Corrupt Practices Act, violation of plunder law, commission of crimes by public official with a salary grade of 27 or high.
Jurisdiction with the Office of the Ombudsman
And if administrative case, what you file is rules 43 petition for review, you file it with court of appeals. If it is a criminal case, you file it before the Supreme Court and then what you file is petition for certiorari under rule 65 of the Rules of Court may be filed.
Effect of the filing of a petition for review before the DOJ if the information was already filed in court
Should the information be already filed in court but the accused filed a petition for review of the findings of the prosecutors with the DOJ, the court is bound to suspend the arraignment of the accused for a period not exceeding 60 days.
When warrant of arrest may issue
Upon receipt of the court of the resolution and information and the records of the case within 10 days from the filling of the complaint or information, the judges shall personally evaluate the resolution of the prosecutor. In conducting the evaluation of the resolution the judge shall look into supporting evidence. TThe judge will have to make a personal assessment of the complaint. The judge may not rely on the basis of the resolution or complaint. He has to see it for himself. The judge will have to satisfy if there is really a ground for the issuance of a warrant of arrest.
There are three options of the judge upon the filing of the information
(1) Dismiss the case if the evidence on record clearly failed to establish probable cause; (2) If he or she finds probable cause, issue a warrant of arrest or issue a commitment order of the accused has already been arrested pursuant to a warrant of arrest or lawfully arrested without warrant; and (3) In cases of doubt in the existence of probable cause, order the prosecutor to present the additional evidence within (5) days from notice, issue to be resolve by the court within (30) days from filing the information.
Cases not requiring a preliminary investigation
If the penalty of imprisonment imposable is less than 4 years, 2 months and 1 day.
Warrantless arrest
If a person has been arrested without a warrant of arrest then you do not conduct preliminary investigation.
BALATASO, MIKAELLA 3C2
Thank you atty. this is the summary of what I've learned
Resolution of investigation prosecutor that if the investigating prosecutor finds cause to hold a defendant for trial, he shall prepare a resolution or information according to sec. 4 rule 112. Additionally the resolution of investigating prosecutor is recommendatory with approval of higher authority.
Different findings between the investigating prosecutor and superior prosecutor
- when the investigating recommends the dismissal of the complaint but his findings are reversed by the superior, prosecutor or ombudsman on the ground that the probable cause exist. The prosecutor by himself filed the information against the respondent.
Remedy of the aggrieved party from the resolution of the investigating prosecutor
- talks about that in case you lose the in the city prosecutor the you can filed a verified petition for review and file in the secretary of justice also the period of time can file a petition is within 15 days from receipt of the assailed resolution.
Reversal or modification of the resolution of the provincial or city prosecutor
- when you elevate the case the secretary of justice may motu proprio reverse or modify the resolution of provincial or city prosecutor or chief state prosecutor.
- secretary of justice may not order the court to dismiss the case even even if he finds the absence of probable cause.
Remedy of an aggrieved party against resolution on the secretary of justice
- It can appeal your case before the office of the president and that in case that the appealed secretary of justice, you can appeal to the office of the president and if you lose in the office of the president the decision of the office of president may be appealed before the court of appeals pursuant to Rule 43 of the rules of court.
Remedy of an aggrieved against resolution on the ombudsman
- the ombudsman they are the special prosecutors
- the resolution of the ombudsman in the administrative cases may be subject of petition review.
Effect of the filing of a petition for review before the DOJ if the information was already filed in court
- Should the information be already filed in the court but the accused filed a petition for review of the findings of the prosecutor with the DOJ, the court may bound to suspend the arraignment of the accused for a period not exceeding 60 days.
- And you are entitled in a suspension for the period of 60 days but it cannot longer 60 days.
When warrant of arrest may issue
- within 10 days from filing of the complaint or information then the judge shall personally evaluate the resolution of the prosecutor. And in conducting evaluation of the resolution the judge shall look into supporting evidence.
Cases not requiring a preliminary investigation
- If the complaint is filed with the prosecutor, the prosecutor shall act on the complaint based on the affidavits and other supporting documents submitted by the complaint within 10 days of its filing.
Institution of cases when preliminary investigation is not required
- File the complaint directly to the prosecutor
- By filing the complaint or information with the MTC
Remedies of accused if there was no preliminary investigation
- The court cannot be dismiss the complaint on this ground, and it should conduct the investigation or order the fiscal or lower court to do it considering the inquest investigation conducted by the state prosecutor is null and void.
Inquest
- Is an informal and summary investigation conducted by a public prosecutor in criminal cases involving person arrested and detained without the benefit of warrant of arrest issured by the court for the purpose of determining whether or not said persons should remain under custody and correspondingly be charged in court.
Duties of inquest officer
- Recommend the release of the person or detained
- Note down the disposition on the referral document
- prepare a brief memorandum indicating the reasons action taken
- Foward the same, together with the record of the case.
Person to conduct preliminary investigation
- conducted by the inquest officer or by another assistant prosecutor.
Arrest (Rule 113)
- Taking a person into the custody in order that he may be bound to answer for the commission of an offense.
Arrest, How made
- The head of the office whom the warrant was delivered must cause it to be executed within 10 days from receipt.
Method of arrest
- By actual restraint of the person to be arrested
- By his submission to the custody of the person making the arrest
ISLETA, NOELL BRIAN G. 3C3
Thank you sir. Here are the summarized lecture that I've learned on the video recorded lecture.
Resolution of investigating prosecutor:
If there is a cause to hold the defendant for trial.
- If the investigating prosecutor finds cause to hold the defendant for trial, he shall prepare the resolution and information
-the investigating prosecutor will prepare a resolution and information if he finds reason or ground to hold the responded for trial
*The investigating officer under oath shall certify the following:
-that he has personally examined the accused
-that crime has been committed
-accused or respondents is probably guilty thereof
-that he was given a chance to submit a controverting evidence
-the prosecutor was given 5 days to forward it to the city or provincial prosecutor.
Who are the higher Authority?
- It can be the provincial prosecutor or in case of cities with their own prosecutors then the city prosecutor or it can be forwarded as well to the chief state prosecutor or to the Ombudsman or his deputy in cases cognizable by Sandiganbayan in the exercise of its original jurisdiction.
- They shall act on the resolution within ten (10) days from their receipt thereof and shall immediately inform the parties of such actions.
- In the case that the investigating prosecutor found ground or reason to hold the respondent for trial is to prepare resolution.
WHEN WARRANT OF ARREST MAY ISSUE
- Upon receipt of the court of the resolution and information and the records of the case within 10 days from the filling of the complaint or information, the judges shall personally evaluate the resolution of the prosecutor.
- In conducting the evaluation of the resolution the judge shall look into supporting evidence
- The judge will have to make a personal assessment of the complaint. The judge may not rely on the basis of the resolution or complaint. He has to see it for himself. The judge will have to satisfy if there is really a ground for the issuance of a warrant of arrest.
* There are three options of the judge upon the filing of the information
1. Dismiss the case if the evidence on record clearly failed to establish probable cause
2. If he or she finds probable cause, issue a warrant of arrest or issue a commitment order of the accused has already been arrested pursuant to a warrant of arrest or lawfully arrested without warrant.
3. In cases of doubt in the existence of probable cause, order the prosecutor to present the additional evidence within (5) days from notice, issue to be resolve by the court within (30) days from filing the information
CASES NOT REQUIRING A PRELIMINARY INVESTIGATION
- If the penalty imposable is less than 4 years, 2 months and 1days it does not require preliminary investigation.
WARRANTLESS ARREST
- If the person has been arrested without a warrant of arrest then you do not conduct preliminary investigation what we conduct is an inquest proceeding.
INQUEST
- It is an informal and summary investigation conducted by a public prosecutor in criminal cases involving person arrested and detained without the benefit of 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 in court.
DUTIES OF AN INQUEST OFFICER
- Recommend the release of the person arrested or detained
- Note down the disposition on the referral document
- Prepare a brief memorandum indicating the reason for the action taken
- Forward the same, together with the record of the case.
PERSON TO CONDUCT PRELIMINARY INVESTIGATION
- It may be conducted by the Inquest officer himself or by any other Assistant Prosecutor to whom the case may be assigned. Which investigation shall be terminated within (15) days from its inception
INQUEST PROCEEDING
- Affidavit of arrest
- Investigation report
- The statement of the complaint and witnesses
- Other supporting evidence
NOTE;
- The affidavit of arrest and statement/affidavits of the complainant and the witnesses to be subscribed and sworn to before him by the arresting officer and the affiants.
INSTANCES WHEN PRODUCTION OF A DETAINED PERSON BEFORE THE INQUEST OFFICER IS DIPENSED WITH;
- If he is confined in a hospital
- If he is detained in a place under maximum securityIf production of the detained person will involve security risks
- If the presence of the detained person is not feasible by reason of age, health, sex and other similar factors.
ARREST
- It is the taking of a person into custody in order that he may bound to answer for the commission of an offense (Sec. 1 Rule 113)
PERSON WHO ARE NOT SUBJECT TO ARREST
- Senator or member of the house of representative or congressman if the imprisonment is not more than 6 years while congress is in session
- The representatives of foreign states or foreign government you cannot arrest them because they are immune from the criminal jurisdiction of the country pursuant to a treaty obligation of the Philippines.
- The arrest of duly accredited ambassadors, public ministers of a foreign country their duly registered domestics subject to the principle of reciprocity.
HOW DO YOU MADE ARREST
Arrest is either voluntary or the arresting officer putting an actual restraint of a person
ARREST WITHOUT WARRANT, WHEN LAWFUL?
- Accused is already in detention
- Complaint or information was filed pursuant to a valid warrantless arrest
- Has no penalty of imprisonment
INSTANCES OF WARRANTLESS ARREST
(1) Inflagrante delicto arrest is when in his presence, the person to be arrested has committed is actually committing or is attempting to commit an offense.
(2) Doctrine of hot pursuit is when an offense has in fact been committed and the arresting person has probable cause to believe based on personal knowledge of facts and circumstances that the person to be arrested has committed.
(3) Escapee in a penal institution is when the person to be arrested is a prisoner who has escaped from a penal establishment or a 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.
- By actual restraint of the person to be arrested
- By voluntary of his submission to the custody of the person making the arrest.
PERIOD FOR OFFICERS TO DELIVER THE PERSON DETAINED UNDER ARTICLE 125 OF THE RPC
- The person must be deliver to the judicial authorities within a perios specified in Article 125.
- 12 hours - light penalties
- 18 hours - correctional penalties
- 36 hours - afflictive or capital penalties warrant of arrest
RATIFICATION OF AN ILLEGAL ARREST
- Motion to quash of the warrant of arrest because there was illegality in the arrest of the arrest.
REQUISITES OF A VALID WARRANT OF ARREST
- It is a legal process issued by a competent authority, directing the arrest of a person or persons upon the ground stated therein.
- Only the judge can issue the warrant of arrest.
PERIOD OF VALIDITY OF A WARRANT OF ARREST
- There is no time limit is fixed for the validity of a warrant of arrest unlike in a search warrant, which is effective only for (10) days. It remains valid until arrest is effected or the warrant is lifted. It is lifetime unless it is revoke by the court which issued such warrant of arrest.
PERIOD FOR OFFICERS TO DELIVER THE PERSON DETAINED UNDER ARTICLE 125 OF THE RPC
- The person must be deliver to the judicial authorities within a perios specified in Article 125.
- 12 hours - light penalties
- 18 hours - correctional penalties
- 36 hours - afflictive or capital penalties warrant of arrest
RATIFICATION OF AN ILLEGAL ARREST
- Motion to quash of the warrant of arrest because there was illegality in the arrest of the arrest.
REQUISITES OF A VALID WARRANT OF ARREST
- It is a legal process issued by a competent authority, directing the arrest of a person or persons upon the ground stated therein.
- Only the judge can issue the warrant of arrest.
PERIOD OF VALIDITY OF A WARRANT OF ARREST
- There is no time limit is fixed for the validity of a warrant of arrest unlike in a search warrant, which is effective only for (10) days. It remains valid until arrest is effected or the warrant is lifted. It is lifetime unless it is revoke by the court which issued such warrant of arrest.
ANDAL, JAKELIMUEL L. 3C4
In this lesson I learned that in the “RESOLUTION OF INVESTIGATING PROSECUTOR” this is the output of the preliminary investigation after the submission of the parties of the complaint affidavit and the submission of the respondent of the counter affidavit. It consist of reply affidavit, and rejoin affidavit.
After the submission of this affidavit, the investigator will prepare a resolution but the investigator will make that resolution only if he finds reason to hold the respondents for trial.
In addition it was also mention about the duty of the investigating officer under oath shall certify the following which are:
1. He shall personally examined or interview and ask some proving questions to both of the complainant and the witnesses.
2. To determined reasonable ground to believe that the crime has been committed.
3. That the accused is probably guilty thereof.
4. That the accused was informed of the complaint and the evidence submitted against him; and
5. That he was given an opportunity to submit controverting evidence.
Next is, when there is findings on the part of the investigating prosecutor to hold the respondents for a trial within 5 days from the issuance of his resolution, he will forward the record of the case to Provincial or City Prosecutor, or Chief state prosecutor or to the ombudsman or the deputy by the Sandigan Bayan in the exercise of its original jurisdiction.
Also, when the investigating prosecutor makes a draft of resolution it is a merely recommendatory. This resolution needs the approval of the higher authority or provincial or city prosecutor or chief state prosecutor or the ombudsman or his deputy. Without these approval the resolution will not take its legal effect.
In case when there are different findings between investigating prosecutor and superior prosecutor, the superior prosecutor can reverse the findings of the investigating prosecutor.
Then in terms of the remedy that the aggrieve party may do from the resolution of the investigating prosecutor. They can file a verified petition for a review, it must be filed to the secretary of justice. It could be file within 15 days from receipt of the resolution or the denial motion of reconsideration.
In addition, the secretary of justice can also reverse or modified the resolution of the provincial or city prosecutor or chief state prosecutor.
The warrant of arrest may issue after the judge was satisfy for a ground to issue a warrant.
But the judge can dismiss the case if the evidence failed to establish probable cause. But when he finds probable cause he can issue a warrant or a commitment order of the accused has already been arrested pursuant to warrant of arrest.
In addition, in case of doubt the court could order the prosecutor to present additional evidence within 5 days from notice. Then the court will resolve the issue within 30 days from the filing of information.
Then the cases that do not require preliminary investigation:
1. Having a penalty of less than 4yrs, 2months and 1 day of imprisonment.
2. When a person was arrested by the virtue of warrantless arrest.
Arrest can be conducted on any day, at any time day or night. The arrest must be executed within 10 days upon its receipt. Failure to conduct it within the prescribe period should state the reasons therefore.
Instances of a valid warrantless arrest:
1. Inflagrante delicto arrest
2. If the arresting officer have his personal knowledge and probable cause that the facts that the person must be arrested. (doctrine of hot persuit)
3. If the person to be arrested is an escapee prisoner.
RAMOS, DANIEL R.
3C4
Good Day Atty!!! This are the summary of what I’ve learned in this Video Recorded Lecture that you have uploaded further this lecture will serve us guide and basis…
RESOLUTION OF INVESTIGATING PROSECUTOR
If the investigating prosecutor finds cause to hold the defendant for trial, he shall prepare the resolution and information (sec. 4, Rule 112) (1).
So the output in the preliminary investigation states therein after the submission of the parties of the complaint affidavit and the submission of the defendant or respondent of the counter affidavit. But, if the complainant wishes to file a reply affidavit that can also be allowed by the investigating prosecutor, and the last affidavit to file is a rejoinder or a reply affidavit. Furthermore after the submission of this affidavit, the investigating prosecutor will prepare a resolution and information if he finds reason or ground to hold the response for trial.
THE INVESTIGATING OFFICER UNDER OATH SHALL CERTIFY THE FOLLOWING:
(a) That he, or as shown by the record, an authorized officer, has personally examined, raise or interview some clarificatory question, probing questions to both the complainant and his witnesses;
(b) That there is reasonable ground to believe that crime has been committed; (c) That the accused or respondents is probably guilty thereof
(d) That the accused was informed of the complaint and of the evidence submitted against him; and - That he was allowed to submit controverting evidence.
THE HIGHER AUTHORITY DEFINED AS:
• It can be the provincial prosecutor or in case of cities with their own prosecutors than the city prosecutor or it can be forwarded as well to the chief state prosecutor or to the Ombudsman or his deputy in cases cognizable by Sandiganbayan in the exercise of its original jurisdiction.
• Thus the duty and responsibility of the higher authority they shall act on the resolution within ten (10) days from their receipt thereof likewise shall immediately inform the parties of such actions.
• In the case that the investigating prosecutor found ground or reason to hold the respondent for trial is to prepare a resolution.
WITH REGARDS ON THE DIFFERENT THINGS BETWEEN INVESTIGATING PROSECUTOR AND SUPERIOR PROSECUTOR
(a) If the investigating prosecutor finds no reason to hold the respondent for trial meaning to elevate the case to the courts then he will recommend the dismissal of the complaint.
(b) On the contrary, since that resolution recommending the dismissal of the complaint is merely recommendatory the superior authority can reverse the findings of the investigating prosecutor and direct the investigating prosecutor to file information in court without the need of conducting a preliminary investigation.
VERIFIED PETITION FOR REVIEW MEANS?
(a) The complainant or the respondent or the parties to the case must have to sign the petition for review.
(b) The party has read the contents of the petition and that the allegation is in are true and correct based on personal knowledge or on automatic records.
REVERSAL OR MODIFICATION OF THE RESOLUTION OF THE PROVINCIAL OR CITY PROSECUTOR
(a) If the provincial or city prosecutor can reverse the investigating prosecutor the secretary of justices can also reverse or modify the resolution of the provincial or city prosecutor or chief state prosecutor. It can renew the resolution of his subordinates even if the cases are file in court (b) The Secretary of justice may not order the court to dismiss the case even if he finds the absence of probable cause. Only the court of law will have exclusive power as to the disposition of the case. Once the information is filed in court, the court has exclusive jurisdiction or authority to dispose of the case.
WHEN WARRANT OF ARREST MAY ISSUE
- Within 10 days from the filling of the complaint or information, the judge shall personally evaluate the resolution of the prosecutor.
- The judge will have to make a personal assessment of the complaint. The judge may not rely based on the resolution or complaint. He has to see it for himself. The judge will have to satisfy if there is really a ground for the issuance of a warrant of arrest.
THERE ARE THREE OPTIONS OF THE JUDGE IN CASES HE RECEIVES THE INFORMATION THAT WILL MAKE A PERSONAL EVALUATION OF THE COMPLAINT AND THE EVIDENCE ADDUCED BY THE COMPLAINT AND HIS WITNESSES.
(a) If there is no enough evidence, he can dismiss the case outright.
(b) If there is evidence he can issue a warrant of arrest but if the accused had already been arrested, the court will issue a commitment order. Further If the accused had been arrest pursuant to a warrant of arrest or lawful arrest without the warrant or warrantless arrest. (c) In cases exists then he can order the prosecutor to present the additional evidence within 5 days and that must be resolve within 30 days from the time of the filling of the information.
CASES NOT REQUIRING A PRELIMINARY INVESTIGATION
(a) If the penalty imposable is less than 4 years, 2 months, and 1days it does not require preliminary investigation.
(b). In the instances of warrantless arrest if the person has been arrested without a warrant of arrest then you do not conduct a preliminary investigation.
In order to understand the word INQUEST it defined- it is 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 to determine whether or not that persons should remain under custody and corresponding be charged in court. (Sec. 1 DOJ Circular No. 61)
ARREST it defined -it is the taking of a person into custody so that he may bound to answer for the commission of an offense (Sec. 1 Rule 113)
THE PERSON WHO ARE NOT SUBJECT TO ARREST ARE THE FOLLOWING
(a) You cannot arrest a senator or congressman if the imprisonment is not more than 6 years while congress is in session.
(b) The representatives of foreign states or foreign government you cannot arrest them because they are immune from arrest the criminal jurisdiction of the country according to a treaty obligation of the Philippines. (c) The arrest of duly accredited ambassadors, public ministers of a foreign country their duly registered domestics subject to the principle of reciprocity.
ARREST WITHOUT WARRANT, WHEN LAWFUL
(a). Accused is already under detention
(b) Complaint or information was filed according to a valid warrantless arrest (c) Has no penalty of imprisonment
SOME INSTANCES WHERE WARRANTLESS ARREST IS VALID
(a) In flagrante delicto - the commission of the crime must be done in the presence of the arresting person, the person to be arrested has committed, actually committing, or attempt to commit an offense. (b) Doctrine of hot pursuit (c) Escapee from a penal institution
ARREST MADE BY OFFICER WITH WARRANT
Arrest must be effected first before the search. If you conducted the search, first you have arrests a person based on such search then the arrest would not be valid and therefore any and all evidence obtained in violation of the constitutional right of the person will be inadmissible in evidence. Likewise, you need to have personal knowledge of the facts and circumstances that will constitute a reasonable belief that the person is committing a crime. However if you do not have personal knowledge that a person is committing a crime you cannot arrest otherwise the address will be invalid and whatever evidence obtained therein will be inadmissible in evidence and held liable for illegal arrest. in this regard, According to article 125 of the Revised Penal Code the police officer should immediately deliver the person arrested in the nearest police station for the purpose to avoid the violation of the prohibition as stated under article 125 such as 12 hours for light penalties, 18 hours -for correctional penalties and 36 hours - afflictive or capital penalties.
RESOLUTION OF INVESTIGATING PROSECUTOR
- The investigating prosecutor must prepare the resolution and information if there is reason to hold the defendant for trial
- This is the result of the preliminary investigation following the submission of the complaint affidavit by the parties and the counter affidavit by the defendant or respondent. The investigating prosecutor may, however, also permit the complainant to write a rejoinder or reply affidavit, which is the final affidavit to be filed.
- The investigating prosecutor will write a resolution and information following the submission of this affidavit if he finds cause or grounds to hold the respondent for trial.
THE INVESTIGATING OFFICER MUST CERTIFY THE FOLLOWING UNDER OATH:
- That he, or as shown by the record, an authorized officer, has personally examined, raise or interview some clarificatory question, probing questions to both the complainant and his witnesses;
- That there is reasonable ground to believe that crime has been committed;
- That the accused or respondents is probably guilty thereof
- That the accused was informed of the complaint and of the evidence submitted against him; and
- That he was given an opportunity to submit controverting evidence.
- In this case within five (5) days from the issuance his resolution, the investigating prosecutor shall forward the record of the case to the provincial or city prosecutor or chief state prosecutor, or to the Ombudsman or his deputy by the Sandiganbayan in the exercise of its original jurisdiction.
- In the case that the investigating prosecutor found ground or reason to hold the respondent for trial what he will do was to prepare resolution.
- Within 5 days from the preparation of this resolution he shall forward the record of the case to the higher authority.
Good day sir.
Cabangon, Marvin V
3C1. This is the summary of Criminal Procedure part 6- ARREST.
Here’s what I learn about this topic. Firstly the Who are the higher Authority? It can be the provincial prosecutor or in case of cities with their own prosecutors then the city prosecutor or it can be forwarded as well to the chief state prosecutor or to the Ombudsman or his deputy in cases cognizable by Sandiganbayan in the exercise of its original jurisdiction. They shall act on the resolution within ten (10) days from their receipt thereof and shall immediately inform the parties of such actions.
What is verified petition for review? The complainant or the respondent or the parties to the case must have to sign the petition for review. The party has read the contents of the petition and that the allegation are in are true and correct based on personal knowledge or on automatic records. What happens when you elevate the case to the Secretary of Justice? They may moto proprio, reversal or modification of the resolution of the provincial or city prosecutor. If the provincial or city prosecutor can reverse the investigating prosecutor the secretary of justicescan also reverse or modify the resolution of the provincial or city prosecutor or chief state prosecutor. It can review the resolution of his subordinates even if the cases are file in court. What happens if the Secretary of Justice will order the dismissal of the case? Will the order of the Secretary binding in courts of law? No, The Secretary of justice may not order the court to dismiss the case even if he finds the absence of probable cause. Only the court of law will have exclusive power as to the disposition of the case. Once the information is filed in court, the court has exclusive discretion or authority to dispose of the case. In cases that you’ve lost your case in the Secretary of Justice, what remedy you can appeal? You can appeal your case before the office of the President. The decision of the Office of the President may be appealed before the court of appeals pursuant to Rule 43 of the Rules of Court.
HIERARCHY
City prosecutor office
Secretary of Justice (DOJ)
Office of the President(OP)
Rule 43
NOTE: That the resolution of the ombudsman in administrative cases may be subject of a petition for review under rule 43 of the rules of court before the court of appeals or a special civil action for certiorari through rule 65 before the supreme court. Ombudsman - special prosecutor (only assigned in the violation of 3019 or the Anti-Graft and Corrupt Practices Act, violation of plunder law, commission of crimes by public official with a salary grade of 27 or high. Jurisdiction - with the Office of the Ombudsman. If administrative case, what you file is rules 43 petition for review, you file it with court of appeals. If it is a criminal case, you file it before the Supreme Court and then what you file is petition for certiorari under rule 65 of the Rules of Court.
EFFECT OF THE FILINH OF A PETITION FOR REVIEW BEFORE THE DOJ IF THE INFORMATION WAS ALREADY FILED IN COURT. Should the information be already filed in court but the accused filed a petition for review of the findings of the prosecutors with the DOJ, the court is bound to suspend the arraignment of the accused for a period not exceeding 60 days. WHEN WARRANT OF ARREST MAY ISSUE. Upon receipt of the court of the resolution and information and the records of the case within 10 days from the filling of the complaint or information, the judges shall personally evaluate the resolution of the prosecutor. In conducting the evaluation of the resolution the judge shall look into supporting evidence. The judge will have to make a personal assessment of the complaint. The judge may not rely on the basis of the resolution or complaint. He has to see it for himself. The judge will have to satisfy if there is really a ground for the issuance of a warrant of arrest.. CASES NOT REQUIRING A PRELIMINARY INVESTIGATION.If the penalty imposable is less than 4 years, 2 months and 1days it does not require preliminary investigation.
WARRANTLESS ARREST -If the person has been arrested without a warrant of arrest then you do not conduct preliminary investigation what we conduct is an inquest proceeding. INSTITUTION OF CASES WHEN PRELIMINARY INVESTIGATION IS NOT REQUIRED- Filed the case directly to the prosecutor. Filed the complaint or information directly to municipal trial court. INSTANCES WHEN AMENDMENT OF AN INFORMATION DOES NOT WARRANT A NEW PRELIMINARY INVESTIGATION- Amendment to information is not substantial. The court orders the filing of correct information involving a cognate offenses. If the crime originally charged is related to the amended charge such that an inquiry into one would elicit substantially the same facts that an inquiry to another would reveal.
Next topic is about the INQUEST- It is an informal and summary investigation conducted by a public prosecutor in criminal cases involving person arrested and detained without the benefit of 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 in court. DUTIES OF AN INQUEST OFFICER- recommend the release of the person arrested or detained. Note down the disposition on the referral document. Prepare a brief memorandum indicating the reason for the action taken. Forward the same, together with the record of the cases. PERSON TO CONDUCT PRELIMINARY INVESTIGATION- It may be conducted by the Inquest officer himself or by any other Assistant Prosecutor to whom the case may be assigned. Which investigation shall be terminated within (15) days from its inception
Another topic that has been discussed is the arrest- It is the taking of a person into custody in order that he may bound to answer for the commission of an offense (Sec. 1 Rule 113). PERSON WHO ARE NOT SUBJECT TO ARREST- Senator or member of the house of representative or congressman if the imprisonment is not more than 6 years while congress is in session. The representatives of foreign states or foreign government you cannot arrest them because they are immune from the criminal jurisdiction of the country pursuant to a treaty obligation of the Philippines.The arrest of duly accredited ambassadors, public ministers of a foreign country their duly registered domestics subject to the principle of reciprocity. HOW DO YOU MADE ARREST- Arrest is either voluntary or the arresting officer putting an actual restraint of a person. ARREST WITHOUT WARRANT, WHEN LAWFUL? Accused is already in detention. Complaint or information was filed pursuant to a valid warrantless arrest. Has no penalty of imprisonment
In this part of discussion it tells about the INSTANCES OF WARRANTLESS ARREST
(1) Inflagrante delicto arrest is when in his presence, the person to be arrested has committed is actually committing or is attempting to commit an offense. (2) Doctrine of hot pursuit is when an offense has in fact been committed and the arresting person has probable cause to believe based on personal knowledge of facts and circumstances that the person to be arrested has committed. (3) Escapee in a penal institution is when the person to be arrested is a prisoner who has escaped from a penal establishment or a 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.
AARREST MADE BY THE OFFICER WITH WARRANT
GENERAL RULE:
No violence or unnecessary force in making arrest. The person arrested shall not be subject to a greater restraint than is necessary for his detention.
EXCEPTION:
If necessary to secure and detain thee offender, overcome his resistance prevent his escape recapture him and protect himself from bodily harm. However, do not abuse the authority given.
*An officer may break into the building or enclosure to effect an arrest provided that:
The person to be arrested is or reasonably believed to be in the said building
The officer has announced his authority and purpose for entering therein
He has requested and been denied admittance.
*Object subjected to confiscation from the person arrested
Objects subject of the offense or used or intended to be used in the commission of the crime
Objects which are fruits of the crime
Those which might be used by the arrested person to commit violence or to escape
Dangerous weapons
ARREST MADE BY OFFICER WITH WARRANT
Arrest must be effected first before the search it should not be the other way around.
If you conducted the search, first you have arrests a person on the basis of such search then the arrest would not be valid and therefor any and all evidence obtained in violation of the constitutional right of the person will be inadmissible in evidence.
Reliable information alone is not sufficient to justify a warrantless arrest under (Sec. 5, Rule 113)
You need to have a personal knowledge of the facts and circumstances that will constitute a reasonable belief that the person is committing a crime. If you do not have personal knowledge that a person is committing a crime you cannot arrest otherwise the arrest will be invalid and whatever evidence obtained therein will be inadmissible in evidence and you can be held liable for illegal arrest.
GENERAL RULE:
No peace officer or person has the power or authority to arrest anyone without a warrant except in those cases expressly authorized by law as mentioned above.
REQUISITES OF A VALID WARRANT OF ARREST
It is a legal process issued by a competent authority, directing the arrest of a person or persons upon the ground stated therein.
Only the judge can issue the warrant of arrest.
Overall this topic is interesting and very related to the course. Thank you sir. More power. God bless po.
JAVIER, KAYCE R.
3C1
Thank you Sir for the lesson today!
This comment will be served as my summary notes in Criminal Procedure
RESOLUTION OF INVESTIGATING PROSECUTOR
If the investigating prosecutor finds cause to hold the defendant for trial, he shall prepare the resolution and information (sec. 4, Rule 112)
(1). This is the output in the preliminary investigation after the submission of the parties of the complaint affidavit and the submission of the defendant or respondent of the counter affidavit. However, if the complainant wishes to file a reply affidavit that can also be allowed by the investigating prosecutor, and the last affidavit to file is a rejoinder or a reply affidavit.
(2). After the submission of this affidavit, the investigating prosecutor will prepare a resolution and information if he finds reason or ground to hold the response for trial
THE INVESTIGATING OFFICER UNDER OATH SHALL CERTIFY THE FOLLOWING:
(1) That he, or as shown by the record, an authorized officer, has personally examined, raise or interview some clarificatory question, probing questions to both the complainant and his witnesses; (2) That there is reasonable ground to believe that crime has been committed; (3) That the accused or respondents is probably guilty thereof (4) That the accused was informed of the complaint and of the evidence submitted against him; and - That he was allowed to submit controverting evidence.
WHO IS THE HIGHER AUTHORITY?
(1) It can be the provincial prosecutor or in case of cities with their own prosecutors than the city prosecutor or it can be forwarded as well to the chief state prosecutor or to the Ombudsman or his deputy in cases cognizable by Sandiganbayan in the exercise of its original jurisdiction. (2) They shall act on the resolution within ten (10) days from their receipt thereof and shall immediately inform the parties of such actions. (3) In the case that the investigating prosecutor found ground or reason to hold the respondent for trial is to prepare a resolution.
DIFFERENT THINGS BETWEEN INVESTIGATING PROSECUTOR AND SUPERIOR PROSECUTOR
(1) If the investigating prosecutor finds no reason to hold the respondent for trial meaning to elevate the case to the courts then he will recommend the dismissal of the complaint. (2) However, since that resolution recommending the dismissal of the complaint is merely recommendatory the superior authority can reverse the findings of the investigating prosecutor and direct the investigating prosecutor to file information in court without the need of conducting a preliminary investigation.
WHAT IS A VERIFIED PETITION FOR REVIEW?
(1) The complainant or the respondent or the parties to the case must have to sign the petition for review. (2) The party has read the contents of the petition and that the allegation is in are true and correct based on personal knowledge or on automatic records.
REVERSAL OR MODIFICATION OF THE RESOLUTION OF THE PROVINCIAL OR CITY PROSECUTOR
- If the provincial or city prosecutor can reverse the investigating prosecutor the secretary of justices can also reverse or modify the resolution of the provincial or city prosecutor or chief state prosecutor. It can renew the resolution of his subordinates even if the cases are file in court
- The Secretary of justice may not order the court to dismiss the case even if he finds the absence of probable cause. Only the court of law will have exclusive power as to the disposition of the case. Once the information is filed in court, the court has exclusive jurisdiction or authority to dispose of the case.
WHEN WARRANT OF ARREST MAY ISSUE
- Within 10 days from the filling of the complaint or information, the judge shall personally evaluate the resolution of the prosecutor.
- The judge will have to make a personal assessment of the complaint. The judge may not rely based on the resolution or complaint. He has to see it for himself. The judge will have to satisfy if there is really a ground for the issuance of a warrant of arrest.
CASES NOT REQUIRING A PRELIMINARY INVESTIGATION
(1) If the penalty imposable is less than 4 years, 2 months, and 1days it does not require preliminary investigation. (2). In the instances of warrantless arrest if the person has been arrested without a warrant of arrest then you do not conduct a preliminary investigation.
INQUEST
- it is 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 to determine whether or not that persons should remain under custody and corresponding be charged in court. (Sec. 1 DOJ Circular No. 61)
ARREST
-it is the taking of a person into custody so that he may bound to answer for the commission of an offense (Sec. 1 Rule 113)
PERSON WHO ARE NOT SUBJECT TO ARREST
(1) You cannot arrest a senator or congressman if the imprisonment is not more than 6 years while congress is in session. (2) The representatives of foreign states or foreign government you cannot arrest them because they are immune from arrest the criminal jurisdiction of the country according to a treaty obligation of the Philippines. (3) The arrest of duly accredited ambassadors, public ministers of a foreign country their duly registered domestics subject to the principle of reciprocity.
ARREST WITHOUT WARRANT, WHEN LAWFUL
1. Accused is already under detention
2. Complaint or information was filed according to a valid warrantless arrest
3. Has no penalty of imprisonment
INSTANCES OF VALID WARRANTLESS ARREST
1. In flagrante delicto - the commission of the crime must be done in the presence of the arresting person, the person to be arrested has committed, actually committing, or attempt to commit an offense.
2. Doctrine of hot pursuit
3. Escapee from a penal institution
ARREST MADE BY OFFICER WITH WARRANT
- Arrest must be effected first before the search. If you conducted the search, first you have arrests a person based on such search then the arrest would not be valid and therefore any and all evidence obtained in violation of the constitutional right of the person will be inadmissible in evidence.
- You need to have personal knowledge of the facts and circumstances that will constitute a reasonable belief that the person is committing a crime. If you do not have personal knowledge that a person is committing a crime you cannot arrest otherwise the address will be invalid and whatever evidence obtained therein will be inadmissible in evidence and held liable for illegal arrest.
PERIOD FOR OFFICERS TO DELIVER THE PERSON DETAINED UNDER ARTICLE 125 OF THE RPC
12 hours - light penalties
18 hours - correctional penalties
36 hours - afflictive or capital penalties
SEMPIO JOSE MARI C 3C3
DONE WATCHING SIR
In this video lecture I've learned, about the excellence between admission and confession, when there's admission the party declaring a fact against the acussed person. An admission may be made by a 3rd person while confession is made only by the party himself. silence may be considered as a yes answer within the rules of evidence. Confession are often judicial it's made during the course of an endeavor or extrajudicial it's made out side the court.corpus delicti means body of the crime.
MITRA, ANDREA MAE E
3C4
Good day Atty. Thank you for this lecture, these are the summary of what I’ve learned:
* Resolution of the Investigating Prosecutor - Where the investigating prosecutor recommends the dismissal of the complaint but his recommendation is disapproved by the provincial or city prosecutor or chief state prosecutor or the Ombudsman or his deputy on the ground that a probable cause exists, the latter may, by himself, file the information against the respondent, or direct any other assistant prosecutor or state prosecutor to do so without conducting another preliminary investigation.
If upon petition by a proper party under such rules as the Department of Justice may prescribe or motu proprio, the Secretary of Justice reverses or modifies the resolution of the provincial or city prosecutor or chief state prosecutor, he shall direct the prosecutor concerned either to file the corresponding information without conducting another preliminary investigation or to dismiss or move for dismissal of the complaint or information with notice to the parties. The same rule shall apply in preliminary investigations conducted by the officers of the Office of the Ombudsman.
After having filed the information, the prosecutor is called upon to prosecute the case in court. It has been said that at this stage, unlike judges who are mandated to display cold neutrality in hearing cases,
the prosecutors are not required to divest themselves of their personal convictions and refrain from exhibiting partiality. But while he may strike hard blows, he is not at liberty to strike foul ones.
* Cases requiring Preliminary Investigation - Except as provided in Section 7 of this Rule, a preliminary investigation is required to be conducted before the filing of a compliant or information for an offense where the penalty prescribed by law is at least four (4) years, two (2) months and one (1) day without regard to the fine.
* Inquest is the procedure to determine whether an individual arrested without a warrant will be released on account of a dismissal of charges, released for further preliminary investigation proceedings, or charged in court. Under the DOJ Office Order, E-Inquest -- defined as a virtual conduct of inquest using any online platform -- may be conducted by participating Prosecutor's Offices
* Arrest, how made - The general rule is that to make an arrest, the police must obtain an arrest warrant. However, if an officer has probable cause to believe that a crime has been committed, and there is no time to obtain a warrant, the officer may make a warrantless arrest.
* Under the Rules of Court, Rule 113, Section 5, a warrantless arrest, also known as "citizen’s arrest," is lawful under three circumstances:
When, in the presence of the policeman, the person to be arrested has committed, is actually committing, or is attempting to commit an offense. This is the "in flagrante delicto" rule.
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. This is the "hot pursuit" arrest rule.
When the person to be arrested is a prisoner who has escaped from a penal establishment.
If a person has been arrest without a warrant of arrest it does not need preliminary investigation, you may go for inquest.
* Article 125. Delay in the delivery of detained persons to the proper judicial authorities. - The penalties provided in the next preceding article shall be imposed upon the public officer or employee who shall detain any person for some legal ground and shall fail to deliver such person to the proper judicial authorities within the period of; twelve (12) hours, for crimes or offenses punishable by light penalties, or their equivalent; eighteen (18) hours, for crimes or offenses punishable by correctional penalties, or their equivalent and thirty-six (36) hours, for crimes, or offenses punishable by afflictive or capital penalties, or their equivalent. In every case, the person detained shall be informed of the cause of his detention and shall be allowed upon his request, to communicate and confer at any time with his attorney or counsel. (As amended by EO 59 and 272, Nov. 7, 1986 and July 25, 1987, respectively).”
Centilles, Joshua M.
3C4 BS-Criminology
Resolution of Investigating Prosecutor
-if the investigating prosecutor finds cause to hold the defendant for trial, he shall prepare the resolution and information (sec. 4, rule 112)
If the complainant wishes to file reply affidavit that can also be allowed by the inbestigating prosecutor, the last affidavit to be filed is a reply affidavit.
Resolution of Investigating Prosecutor
-The investigating officer under oath shall certify the following,
1. The he, or shown by the record, an authorized officer, has personally examined the complainant and his witnesses;
2. That there is reasonable ground to believe that crime has been committed;
3. That the accused is probably guilty thereof;
4. That the accused was informed of the complaint and of the evidence submitted against him; and
5. That he was given an opportunity to submit controverting evidence (sec.4, rule 112).
Now that there is a finding on the part of the investigating prosecutor
What does the investigating prosecutor will do is to forward the record of the case to the provincial or city prosecutor or chief state prosecutor or to the ombudsman or his deputy by the Sandiganbayan in the exercise of its original Jurisdiction.
The resolution of the investigating prosecutor is merely recommandatory.
If the investigating prosecutor finds no reason to hold the respondent for trial meaning to elevate the case to the courts, then he will recommend dismissal of the complaint.
Remedy of the aggrieved party from the resolution of the investigsting prosecutor.
- if the complaint has been dismissed, the complainant can exercise some remedies.
1. An aggrieved party may appeal by filing a verified petition for review with the Secretary of Justice, incase you lost your case in the City Prosecutor the remedy is filed a petition for review with the Secretary of Justice.
What happens when you elevate the case to the Secretary of Justice? The SJ may may motu proprio reverse or modify the resolution of Provincial or City prosecutor or chief state prosecutor.
The secretary of justice exer ises the power of direct control and supervisions over prosecutors, and may thus affirm, nullify, reverse or modify their rulings.
When warrant of arrest may issue
- Within 10 days from the filing of complaint or information,
- the judge shall personally evaluate the resolution of the prosecutor
- In conducting the evaluation of the resolution, the judge shall look into supporting evidence. (Sec. 5, rule 112).
Options of the judge upon the filing of an information
- Dismiss the case if the evidence on record clearly failed to establish probable cause;
- if he or she finds probable cause, issue a warrant of arrest or issue a commitment order of the accused has already been arrested pursuant to a warrant of arrest or lawfully arrested without warrant.
Cases not requiring preliminary investigation
-When penalty prescribed by law for the offense involves an imprisonment of less than 4 years, 2 months and 1 day;
If a person arrested lawfully without a warrant involving an offense which requires preliminary investigation.
Institution of cases when preliminary investigation is not required
1. By filing the complaint directly with the prosecutor, or
2. By filing the complaint or information with the MTC.
Remedies of the accused when there was no preliminary investigation
Period to properly question the lack of preliminary investigation.
-the accused must do so before he enters his plea.
- the court shall resolve the matter as early as practicable but not later than the start of the trial.
-Failire to invoke the right before entering a plea will amount to a waiver.
Inquest- An inquest proceeding is an informal and summary investigation conducted by a public prosecutor. in criminal cases involving persons arrested and detained without the benefit of warrant of arrest issued.
Duties of an inquest officer is to determine if the arrest of the detained person was valid. Should the Inquest officer find that the arrest was not made in accordance with the rules, he shall;
1. Recommend the release of the person arrested or detained;
2. Note down the disposition on the referral document.
Inquest proceeding
1. Affidavit of arrest;
2. Investigation report;
3. The statement of the complainant and witnesses; and
4. Other supperting evidence gathered by the police in the course of tha latter's INvestigation of the criminal incident involving the arrested or detained person.
Arrest - Is the taking of the person into custody in order that he may be bound to answer for the commission Of an offense (sec.1, rules 113).
Persons who are NOT subject to arrest.
A senator or the member of the House of representatives shall, in all offenses Punishable by not more than 6 years of imprisonment, be privileged from arrest while congress is in session. The arrst of duly accredited ambassadors, public ministers of a foreign country, their duly registered domestics, subject to the principle of Reciprocity.
Arrest, How made
It is made by an actual restraint of a person to be arrested, or by his submission to the custody of the person making the arrest.
NOTE: arrest may be made on any day, at any time of the day or night.
An arrest is made by an actual restraint of a person to be arrested, or by his submission to the custody of the person making the arrest.
No violence or unnecessary force shall be used in making an arrest. The person arrested shall not be subject to a greater restraint than is necessary for his detention.
Arrest without warrant, when lawful
-accused is already under detention
-Complaint or information was filed pursuant to a valid warrantless arrest; and
- complaint or information is for an offense penalized by fine only.
Instances of valid warrantless arrest
When, in the presence of the policeman, the person to be arrested has committed, is actually committing, or is attempting to commit an offense. This is the "in flagrante delicto" rule.
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. This is the "hot pursuit" arrest rule.
When the person to be arrested is a prisoner who has escaped from a penal establishment.
Amount of force to be used in making an arrest- no violence or unecessary force shall be used in making an arrest. The person subjected shal not be subject to a greater restraint than is necessary for his detention.
Object subject to confiscation from the person arrested.
1. Objects subject of the offense or used or intended to be used in a commission of the crime.
2. Objects which are fruits of the crime.
3. Those which might be used by the arrested person to commit violence or to escape; and
4. Dangerous weapons amd those which may be used as evidence in case.
Arrest must precede the search, the process cannot be reversed.
Elements of hot pursuit.
This is also known as a hot pursuit arrest. To be valid, first, there must be probable cause; second, the crime has just been committed, and third, that the person making the warrantless arrest has personal knowledge of facts or circumstances that the person to be arrested has committed it.
Obligstion of the arresting officer after the warrantless arrest.
- the arresting officer must comply with the provisions of article 125 of the RPC, otherwise, he may be held criminally liable for arbitrary detentuon under article 124, RPC.
Period for officers to deliver the person detained under Art. 125 of thr RPC.
1. 12 hours - light penalty
2. 18 hours - correctional penalties
3. 36 hours - afflictive or capital penalties.
Probable Cause - The determination of probable cause needs only to rest on evidence showing that more likely than not, a crime has been committed and there is enough reason to believe that it was committed by the accused.
MANTO, KYLA M. 3C2
The summary of what I've learned:
In the resolution of investigation prosecutor, the investigating prosecutor may finds cause to hold a defendant for trial, that he shall prepare a resolution or information according to Sec. 4 Rule 112. Also, the resolution of investigating prosecutor is recommendatory with approval of higher authority.
Different findings between the investigating prosecutor and superior prosecutor:
-When the investigating recommends the dismissal of the complaint but his findings are reversed by the superior, prosecutor or ombudsman on the ground that the probable cause exist. The prosecutor by himself filed the information against the respondent.
Remedy of the aggrieved party from the resolution of the investigating prosecutor:
- That in case you lose in the city prosecutor then you can filed a verified petition for review and file in the secretary of justice. Also the period of time can file a petition is within 15 days from receipt of the assailed resolution.
Reversal or modification of the resolution of the provincial or city prosecutor:
-When you elevate the case the secretary of justice may motu proprio reverse or modify the resolution of provincial or city prosecutor or chief state prosecutor.
-Secretary of justice may not order the court to dismiss the case even even if he finds the absence of probable cause.
Remedy of an aggrieved party against resolution on the secretary of justice:
- It can appeal your case before the office of the president and the case appealed secretary of justice. It can or you can appeal to the office of the president but if you lose in the office of the president the decision of the office of president may be appealed before the court of appeals pursuant to Rule 43 of the Rules of Court.
Remedy of an aggrieved against resolution on the ombudsman:
-Ombudsman is the special prosecutor (only assigned in the violation of 3019 or the Anti-Graft and Corrupt Practices Act, violation of plunder law, commission of crimes by public official with a salary grade of 27 or high.)
-The resolution of the ombudsman in the administrative cases may be subject of petition review.
Effect of filing of a petition for review before the DOJ if the information was already filed in court:
- The information should already be filed in court but the accused filed a petition for review of the findings of the prosecutor with the DOJ, the court may bound to suspend the arraignment of the accused for a period not exceeding 60 days. To be entitled in a suspension for the period of 60 days but it cannot longer 60 days.
When warrant of arrest may issue:
-Within 10 days from filing of the complaint or information then the judge shall personally evaluate the resolution of the prosecutor. And in conducting evaluation of the resolution the judge shall look into supporting evidence.
-The judge will make a personal assessment of the complaint, but may not rely only on the basis of the resolution or complaint, he has to see it for himself. Also, the judge will have to satisfy if there is really a ground for the issuance of a warrant of arrest.
There are three options of the judge in cases he receives the information that will make a personal evaluation of the complaint and the evidence adduced by the complaint and his witnesses:
(1) If there is no enough evidence, he can dismiss the case outright.
(2) If there is evidence he can issue a warrant of arrest but if the accused had already been arrested, the court will issue a commitment order. If the accused had been arrest pursuant to a warrant of arrestbor lawful arrest without the warrant or warrantless arrest.
(3) In cases exists then he can order the prosecutor to present the additional evidence within 5 days and that must be resolve within 30 days from the time of the filling of the information.
Cases not requiring a preliminary investigation:
-If the penalty impossable is less than 4 years, 2 months and 1days it does not require preliminary investigation.
-Under warrantless arrest - if the person has been arrested without a warrant of arrest then you do not conduct preliminary investigation.
- If the complaint is filed with the prosecutor, the prosecutor shall act on the complaint based on the affidavits and other supporting documents submitted by the complaint within 10 days of its filing.
Institution of cases when preliminary investigation is not required:
- Filing the complaint directly to the prosecutor.
- Filing the complaint or information with the MTC.
Remedies of the accused if there was no preliminary investigation:
- The court cannot be dismiss the complaint on this ground, and it should conduct the investigation or order by the fiscal or lower court to do it considering the inquest investigation conducted by the state prosecutor is null and void.
Inquest:
- Is an informal and summary investigation conducted by a public prosecutor in criminal cases involving person arrested and detained without the benefit of warrant of arrest issured by the court for the purpose of determining whether or not said persons should remain under custody and correspondingly be charged in court.
Duties of inquest officer:
-Recommend the release of the person or detained.
-Note down the disposition on the referral document.
-Prepare a brief memorandum indicating the reasons action taken.
-Forward record of case.
Person to conduct preliminary investigation:
-Conducted by the inquest officer or by another assistant prosecutor.
Arrest under Rule 113:
-Taking a person into the custody in order that he may be bound to answer for the commission of an offense.
How arrest made:
- The head of the office whom the warrant was delivered must cause it to be executed within 10 days from receipt.
The method of arrest:
- By actual restraint of the person to be arrested.
-By his submission to the custody of the person making the arrest.
VIOLANDA, VENUS M.
3C2
In this video recorded lecture, I've learned that if the researching examiner discovers a cause to hold the litigant for preliminary, he will set up the goal and data. the obligation of the researching examiner is to look at he will individually analyze, meeting or bring up some explanation issues or demonstrating questions to both grumbling and his observers. the exploring investigator will do is to advance the record of the case to the commonplace examiner or boss investigator or to the ombudsman or his appointee by the sandigang bayan in the activity of its unique investigator.
within 5 days from the preparation of this resolution he shall forward the record of the case to a higher authority ( provincial prosecutor, the city prosecutor or chief state prosecutor, ombudsman)
-in case that the investigating prosecutor will draft a resolution that draft is merely re-commendatory it means that it is not final.
-the higher authority can reverse the investigating prosecutor in order to file information in court.
-the verified petition for the review will be filed with the secretary of justice.
-ombudsmen are the special prosecutors who are assigned in violation of 3019 the violation of the plunder law, no commission of crimes by a public official with a salary grade of 27 or higher and jurisdiction.
Instances when an amendment of information does NOT warrant a new preliminary investigation
(1) Amendment to information is not substantial (2) the court orders the filing of correct information involving a cognate offense (3) crime originally charge is relaxed to the amended charge
-the accused may file his preliminary investigation before he enters his play. failure in entering a plea will amount to a waiver.
An examination is a casual and rundown examination led by a public investigator in criminal cases including people captured and confined without the advantage of a warrant of capture gave by the court to decide not said people ought to stay under the authority and charge in court. The examination official will, similarly as practicable, cause the oath of capture and proclamations of the complainant and the observer to be bought in before him capturing the official.
Arrest (Rule 113) is arresting an individual altogether that he might undoubtedly respond in due order regarding the commission of an offense. the capture might be made on any day whenever of the day or night. the strategy for capture (1) by a genuine restriction of the individual to be captured (2) by his accommodation to the authority of the individual making the capture. continuously remember, Do not utilize viciousness or superfluous power in influencing the capture.
Anda, Marifer H.
BS CRIMINOLOGY
3C3
-DONE WATCHING
Balasbas Julius L.
3c2
Good day sir, this is the summary of what i have learned on this video.
*Resolution of investigating prosecutor, the investigating prosecutor may finds cause to hold a defendant for trial shall prepare a resolution or information according to Sec. 4 Rule 112.
*The resolution of investigating prosecutor is recommendatory with approval of higher authority.
*The Secretary of justice may not order the court to dismiss the case even if he finds the absence of probable cause.
*Only the court of law will have the power as to the disposition of the case. Once the information is filed in court, the court has exclusive jurisdiction or authority to dispose the case.
Remedy of an aggrieved party against a resolution of the secretary of justice
*You can appeal your case before the office of the President. The decision of the Office of the President may be appealed before the court of appeals pursuant to Rule 43 of the Rules of Court.
Remedy of an aggrieved party against the resolution of Ombudsman
*Ombudsman - special prosecutor (only assigned in the violation of 3019 or the Anti-Graft and Corrupt Practices Act, violation of plunder law, commission of crimes by public official with a salary grade of 27 or high.
*jurisdiction - with the Office of the Ombudsman
When warrant of arrest may issue
*Within 10 days from the filling of the complaint or information, the judge shall personally evaluate the resolution of the prosecutor.
*the judge will have to make a personal assessment of the complaint. The judge may not relt on the basis of the resolution or complaint. He has to see it for himself. The judge will have to satisfy if there is really a ground for the issuance of a warrant of arrest.
There are three options of the judge in cases he receives the information that will make a personal evaluation of the complaint and the evidence adduced by the complaint and his witnesses.
1. If there is no enough evidence, he can dismiss the case outright.
2.If there is evidence he can issue a warrant of arrest but if the accused had already been arrested, the court will issue a commitment order. If the accused had been arrest pursuant to a warrant of arrestbor lawful arrest without the warrant or warrantless arrest.
3. In cases exists then he can order the prosecutor to present the additional evidence within 5 days and that must be resolve within 30 days from the time of the filling of the information.
Cases not requiring a preliminary investigation:
- if the penalty impossable is less than 4 years, 2 months and 1days it does not require preliminary investigation.
RIVERA, MARY ROSE H. 3C4
Good day sir. Thank you for the lecture.
This is the summary of what I've learned in this discussion.
In this discussion it includes some important portion of preliminary investigation. First we have resolution of investigating prosecutor. The prosecutor prepare the resolution and information if he finds cause to hold the defendant for trial that was according to sec. 4 of rule 112. Which is the output of preliminary investigation. After the submission of the parties of complaint affidavit and submission of the defendant of counter affidavit and the complainant wants to file a reply affidavit it can also be allowed by the investigating prosecutor. The last affidavit to be filed is the reply affidavit. As mentioned above the investigating prosecutor shall filed resolution and information if he find the mentioned reason. The resolution of investigating prosecutor is under oath and certify the following: That he or she, or as shown by the record, an authorized officer, has personally examined the complainant and his witness, that there is a reasonable ground to believe that crime has been committed, that the accused is probably guilty thereof, that the respondent informed of the complaint and of the evidence submitted against him and that he has given an opportunity to submit controverting evidence. Additional, within five days of the issuance of the resolution, if there is a finding in the part of investigating prosecutor to hold the respondent for trial, the investigating prosecutor may forward the record of the case to the provincial or city prosecutor or chief state prosecutor, or to the Ombudsman or his deputy by the Sandiganbayan in the exercises of its original jurisdiction. They shall act on the resolution within ten days from receipt thereof and immediately inform the parties of such action.
Take note: That in case the investigating prosecutor will draft a resolution, that draft is merely recommendatory. No complaint or information may be filed or dismissed by an investigating prosecutor without the written authority or approval of the provincial or city prosecutor or chief star prosecutor or the Ombudsman or his deputy. Without the approval of the following higher authorities the resolution were not takes it legal effect. In case that there are different findings between the investigating prosecutor and superior prosecutor, the superior prosecutor may by himself, file the information against the respondent, or direct another assistant prosecutor to do so without conducting another preliminary investigation.
If the investigating prosecutor finds no grounds to hold the respondent for trial or to elevate the case to the court then he may recommend the dismissal of the complaint the superior authority can reverse the findings of investigating prosecutor and direct the investigating prosecutor to filed the information in court. Remedy of the aggieved party from the resolution of investigating prosecutor.
In case you lose your case in the city prosecutor you can file a verified petition for review and file it in the secretary of justice.
The period of time which you can file your petition for review in 15 days from the date of the receipt of the resolution.
No even if you have elevated to matter on appeal the filing of the information in court is suspended.
The investigating prosecutor will issue a resolution and then he shall forward the resolution together with the records of the case to the higher authority.
Reversal of modification of the resolution of the provincial or city prosecutor. The secretary of justice can also reverse or modify the resolution of the provincial or the chief state prosecutor.
The secretary of justice may not order the court to dismiss the case even if he finds the absence of probable cause. Remedy of in aggrieved party against a resolution on the secretary of justice.
You can appeal your case before the office of the president and in the case of appeal secretary of justice you can appeal to the office of the president and if you lose in the office of the president the decision of the office of the president may be appealed before the art of appeals pursuant to rule 43 of the rules of court. Remedy of an aggrieved party against the resolution of the Ombudsman.They are the special prosecutors, they are only assigned in violating of 3019 anti-graft and practices act, the plunder law, commission of crimes by a public official with a salary grade of 27 or higher. If you filed a admin case, you file is rule 43, Petition for review file it with CA and if it is criminal case you file it before the supreme court and file petition for certiorari.
Meanwhile, after preliminary investigation, information had already filed in court then the court will determine probable cause. Upon receipt of the court of the resolution, the information and the record of the case, within 10 days after filing a complaint or information the judge shall evaluate the resolution of the prosecutor. After the judge evaluate if he is satisfied that if there's really the ground of the issuance of warrant of arrest. There are two options of the judge upon filing of an information. 1) Dismissal of the case if there no sufficient evidence and 2)If he finds probable cause then the judge may issue warrant of arrest or commitment order of the accused, if the accused arrested pursuant to warrant of arrest or lawful arrest without warrant. 3) If there's a doubt in the kind of the judge even probable cause exist, he can order the prosecutor to present additional evidence within 5 days and may be resolved within 30 days from the time of filling the information. In case that the person was arrested without warrant of arrest or so called warrantless arrest then it was not required preliminary investigation, what we need to conduct is an inquest. Also if the person is arrest by the police officer in in flagrante delicto or caught in the act preliminary investigation also is not required.
The process to institute a case when preliminary investigation is not required are: 1)filed the complaint directly to prosecutor, 2)filed the complaint and information with the MTC.
INQUEST
-is an formal summary investigation conducted by a public prosecutor involving a criminal case involving the persons arrested and detained without the benefits of warrant of arrest. The duties of inquest officer is determined if the arrest is valid if not recommended to release of a detained person and the disposition on the referral document. In inquest proceedings the matters included the referral document are affidavit arrest, investigation report and supporting evidence and instances when the production of a detained person is dispense with confined on hospital , under maximum security , involved security risk and if the presence of the detained person is not feasible by the reason of health, age, sex and other factors.
ARREST RULE 113
Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of offense.
Person who are not subjected to arrest.1)a Senator or a congressman if the imprisonment is not more than 6 years while congress is in session. 2) pursuant to Vienna convention those who are representative of foreign states or foreign government for the reason that they are immune for criminal jurisdiction of the country pursuant to the treaty obligation of the Philippines. Arrest may be conducted either voluntary surrender or the arresting officer may put actual restraint of a person. Arrest can be made at any day, any time of the day or a night time.
The instances when warrant of arrest is not necessary are: 1) if the accused is already under detention, 2). A complaint or information was filed pursuant to a valid warrantless arrest; and
3) The accused is already under detention and then complaint or information is for an offense penalized by a fine only.
Arrest without warrant is lawful when the person t be arrest is INFLAGRANTE DELICTO
, When in his presence, the person to be arrested has committed is actually committing or is attempting to commit an offense, DOCTRINE OF HOT PURSUIT, When an offense has in fact been committed and the arresting person has probable cause to believe based on personal knowledge of facts and circumstances that the person to be arrested has committed,ESCAPEE IN A PENAL INSTITUTION,
When the person to be arrested is a prisoner who has escaped from a penal establishment or a 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.
Arrest made by officer with warrant must the arrest should effective first before search.
Obligation of the arresting officer must comply with the provisions of article 125 of the RPC, otherwise, he may be held criminally liable for arbitrary detention under article 124 of the RPC. Jurisdiction over the person arrested must be transferred to the judicial authorities. Article 125 is a procedural requirement in case of warrantless arrest.
PERIOD FOR OFFICERS TO DELIVER THE PERSON DETAINED UNDER ARTICLE 125 OF THE REVISED PENAL CODE
12 hours - light Penalties
18 hours - Correctional Penalties
36 hours - afflictive or Capital Penalties
ARREST BY A PRIVATE PERSON
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 just been committed and he has probable cause to believe based on personal knowledge of facts and circumstances that the person to be arrested has committed it.
PERIOD OF THE VALIDITY OF A WARRANT OF ARREST
No time limit fixed for the validity of a warrant of arrest, unlike in a search warrant which is effective only for 10 days. It remain valid until arrest is effected or the warrant is lifted no there is no time limit a wallet
.
REYES, ARJAY B
3C4
Good morning sir, thankyou for today's lecture about criminal procedure, what I learned in criminal procedure is process of criminal law. While criminal procedure differs dramatically by jurisdiction.
RESOLUTION OF INVESTIGATING PROSECUTOR - What I learned in this topic is that if the investigating prosecutor finds cause to hold the respondent for trial, he shall prepare the resolution and information. He shall certify under oath in the information that he, or as shown by the record, an authorized officer, has personally examined the complainant and his witnesses; that there is reasonable ground to believe that a crime has been committed and that the accused is probably guilty thereof; that the accused was informed of the complaint and of the evidence submitted against him.
What is Complain affidavit?
-It refers to sworn statement prepared by someone who wishes to file a legal complaint, when a person brings a complaint affidavit to court with the intention of filing a civil suit.
What is Counter Affidavit?
- It refers to opposition to one already made; this is allowed in the preliminary examination of some cases.
DIFFERENT FINDINGS BETWEEN THE INVESTIGATING PROSECUTOR AND SUPERIOR PROSECUTOR.
-What I learned on this topic is, during a criminal case can be confusing to people not familiar with the scheme of criminal justice. The following summary will explain how a case generally progresses through Michigan's criminal justice system. Specific procedures may be modified by local courts or judges.
What is agreed party?
- It refers to, an agreement is made when two parties agree to something.
REVERSAL OR MODIFICATION OF THE RESOLUTION OF THE PROVINCIAL OR CITY PROSECUTOR
- I learned a lot on this topic, and this is the institution of the criminal action shall interrupt the running period of prescription of the offense charged unless otherwise provided in special laws.
REMEDY OF AN AGGRIEVED PARTY AGAINST THE RESOLUTION OF AN OMBUDSMAN
- here's what I learned on this topic is against businesses, financial institution, universities, government departments, or other public entities, and attempts to resolve the conflicts or concerns raised, either by mediation or by making recommendations.
EFFECT OF THE FILING OF A PETITION FOR REVIEW BEFORE THE DOJ IF THE INFORMATION WAS ALREADY FILED IN COURT
- I learned on this topic is the remedy of a motion for reconsideration is available to any of the parties. Such motion is considered part of due process in the preliminary investigation; however, only one motion for reconsideration shall be allowed.
WHEN WARRANT OF ARREST MAY ISSUE
- I learned about this topic is the complaint or one or more affidavits filed with the complaint establish probable cause to believe that an offense has been committed and that the defendant committed it, the judge must issue an arrest warrant to an officer authorized to execute it.
CASES NOT REQUIRING A PRELIMINARY INVESTIGATION
- I learned in this topic is If the complaint is filed with the prosecutor, the prosecutor shall act on the complaint based on the affidavits and other supporting documents submitted by the complainant within 10 days of its filing.
REMEDIES OF ACCUSED IF THERE WAS NO PRELIMINARY INVESTIGATION
- I have a lot of things I learned in this topic and one of this is the and court cannot dismiss the complaint on this ground, and it should instead conduct the investigation or order the fiscal or lower court to do it considering that the inquest investigation conducted by the state prosecutor is null and void.
INQUEST
- Inquest it refers to judicial inquiry in common law jurisdictions, particularly one held to determine the cause of a person's death. Conducted by a judge, jury, or government official, an inquest may or may not require an autopsy carried out by a coroner or medical examiner
DUTIES OF AN INQUEST OFFICER
- I learned in this topic is the informal and summary investigation conducted by the public prosecutor in a criminal case involving persons arrested and detained without the benefit of a warrant of arrest issued by the court for the purpose of determining whether said persons should remain under custody and correspondingly be charged.
PERSON TO CONDUCT PRELIMINARY INVESTIGATION
- I learned in this topic is the prosecutor leads the preliminary investigation from the point when a certain individual can be reasonably suspected of having committed the offence.
INQUEST PROCEEDING
- In this topic I learned the informal and summary investigation conducted by a public prosecutor. in criminal cases involving persons arrested and detained without the benefit of warrant of arrest issued.
WHAT IS ARREST?
- Based on my own knowledge arrest is about to act of apprehending and taking a person into custody, usually because the person has been suspected of or observed committing a crime.
ARREST, HOW MADE
- In this topic, I learned a lot of things like the police must obtain an arrest warrant. However, if an officer has probable cause to believe that a crime has been committed, and there is no time to obtain a warrant, the officer may make a warrantless arrest.
METHOD OF ARREST
- In this topic, I learned about person may arrest or cause to be arrested any person who in his presence commits a non-bailable and cognizable offence, or any proclaimed offender, and, without unnecessary delay, shall make over or cause to be made over any person so arrested to a police officer, or, in the absence of a police officer.
PERIOD OF THE VALIDITY OF A WARRANT OF ARREST
- I learned in this topic is about to
It gives the individual the right to trade that company's shares at a certain price on or before a certain date.
DETERMINATION OF THE EXISTENCE OF PROBABLE CAUSE
- I learned in this topic about the facts and circumstances within the officers' knowledge, and of which they have reasonably trustworthy information, are sufficient in themselves to warrant a belief by a man of reasonable caution that a crime is being committed.
Monserrat, Maria Cecilia C.
3C1
Good Day Sir, This is the summary of what I've learned in this topic and lesson:
RESOLUTION OF INVESTIGATION PROSECUTORS
- It is if the investigating prosecutor finds cause to hold the defendant for trial he shall prepare the resolution and information according to Sec 4, Rule 112.
- It also the output in preliminary investigation after the submission of the parties of complaint Affidavits and the submission defendant or responded of the counter affidavit. Then after the submission of the affidavit the Investigating prosecutor will prepare the resolution and information if fines reasons and grounds the respondent for trial.
- The resolution of the investigating prosecutor is merely RECOMMENDATORY.
DUTY OF INVESTIGATING PROSECUTOR
· Shown a record that has personally examined the Complaint and witness like interview for clarification.
· There is a reasonable ground believe that crime has been committed.
· The accused is probably guilty.
· The accused was informed for the complaint and evidence is submitter against him.
· Given opportunity to submit controvert ting evidence.
Note: No complaint or information may be filed or dismissed by investigating prosecutor without a prior written authority or approval from provincial or city prosecutor according to Sec 4, Rule 112.
Note:
- That If the investigating prosecutor find a ground to hold the respondent for trial they will prepare the RESOLUTION. And within 5 days the investigating officer shall forward the record of case to the provincial or city prosecutor or to the ombudsman or the deputy by the Sandigan Bayan in exercise the original Jurisdiction.
RESOLUTION- needs approval pf higher authority
DELIGATION- it must be done in prior written authority
INVESTIGATING PROSECUTOR- recommends dismissal of the complaint
SUPERIOR PROSECUTOR- the one who reversed that on the ground the probable cause exists. They will file the information against the respondent without conducting another preliminary investigation ( Se 4, Rule 112).
Note: That if the investigating prosecutor fines no reason to hold the respondent for trial or evaluate the case to the courts then he will recommend dismissal of complaint.
REMEDY OF AGGRIEVED PARTY FROM THE RESOLUTION OF INVESTIGATING PROSECUTOR
· SECRETARY OF JUSTICE- person that have authority to verified to review the appeal by filling by the aggrieved party. The appeal was taken within 15 days from receipt of resolution.
Note : that if the case was lost in the city or provincial prosecutor his remedy was to FILED A VERIED PETITION FOR REVEAL.
· But if the case was lost in Secretary of Justice the remedy was can appeal the case before to the office pf President.
VERIFIED PETITION REVIEW- it must be read, the complaint of respondent parties must have to sign for review.
WHAT HAPPEN WHEN ELEVATE THE CASE TO THE SECRETARY OF JUSTICE?
- The Secretary of Justice will
· Motu Propio or modify the resolution of provincial or city prosecutor .
· Review the resolutions of his subordinates in criminal case despite the information is being filed in court
· Exercise the power of direct control and supervision over prosecutors and may affirms their rulings.
NOTE: ONLY THE COURT OF LAW CAN ORDER TO DISMISS THE CASE.
OMBUDSMAN- also called Special Prosecutor that only assign in the case or violation of 319” Anti graft from practices Act, Violation in Plunder law.
ADMIN CASE- only filed Rule 43 or petition with Review, it is filed in the court of appeals
CRIMINAL CASE- remedy was in the petition of sorciary.
EFFECT OF FILLING A PETITION BEFORE THE DOJ IF THE INFORMATION WAS ALREADY FILED IN COURT
· COURT IS BOUND TO SUSPEND THE ARRAIGNMENT OF THE ACCUSED FOR PERIOD OF NOT EXCEEDING 60 DAYS.
WARRANT OF ARREST MAY ISSUE:
· Within 10 days from filling of complaint r information. Judge can personally evaluate the resolution of the prosecutor. But judge during evaluation shall not look. Into supporting evidence.
‘”IN RULE NO EVIDENCE CASE WILL DISMISS”
CASES THAT NOT REQUIRING A PRELIMINARY INVESTIGATION
· Penalty by law for offense involves a imprisonment of less than 4 years, 2 months 1 day and below.
· Person that arrested without warrant
· Person arrested by Police officer In Flagrante Delicto while robbing . Penalty was 4 years 2montd and 1 day.
HOW INSTITUTE CASES WHEN PRELIMINARY IS NOT REQUIRED
· Filling the complaint directly with prosecutor
· Filling Complaint with the MTC.
INSTANCES WHEN AMMENDENT OF INFORMATION DOESS NOT WAREANT A NEW PRELIMINARY INVESTIGATION
· It is ammend or change edit or revise the information.
INSTANCES WHEN AMMENDENT OF INFORMATION WAREANT A NEW PRELIMINARY INVESTIGATION
· Resolution or information filed in court has been approved by higher authority.
INQUEST- informal and summary investigation conducted by the public prosecutor in criminal case involving persons arrested and detained without benefit of warrant of arrest issued by the court for purpose.
INQUEST OFFICER
- Determine the arrest of the detained person was valid
- Find that arrest was not made in accordance with the rules., Recommend the release of person arrested, note down the disposition of document and prepare brief memorandum indicate the reasons for action taken.
- Conduct preliminary investigation
ARREST
- Taking a parson into custody in order that he may bound to answer for ommission of case
- Made on day at a y time of the day or night and made in actual restraint of person to be arrested.
- ACCORDING TO GENERAL RULE “ No officer or person has a power to arrest anyone without warrant except by the law.
PERSONS WHO NOT SUBJECT IN THE ARREST
· SENATOR OR MEMBER OF HOUSE OF REPRESENTATIVES
· MINISTERS, AMBASSADOR, PUBLIC MINISTERS AND OTHER CHIEF OF STATE.
ARREST IS NOT NECESSARY WHEN ACCUSED IS UNDER DETENTION, COMPLAINT WAS FILED TO A VALID WARRANTLESS ARREST AND OFFENSE PENALIZED BY FINE .
WARRANT OF ARREST- Legal process issued by the competent authority of a person upon grounds.
PROBABLE CAUSE- facts or circumstances would deal a reasonably discreet to believe an offense that has been committed by person involved.
DELANTAR, KYLA MAE M.
3C2
Good day Atty.
This is the summary of what I've learned:
Resolution of investigating prosecutor
If the investigating prosecutor finds cause to hold the defendant for trial, he shall prepare the resolution and information( Sec. 4,Rule 112). Resolution of Investigating Prosecutor The investigating officer under oath shall certify the following: That he, or as shown by the record, an authorized officer, has personally examined the complainant and his witnesess; That there is reasonable ground to belive that crime has been committed; That the accused is probably gulity thereof; That the accused was informed of the complaint and of the evidence submitted against hinm; and That he was given an opportunity to submit controvertinf evidence( Sec. 4, Rule 112). Within 5 days frkm the issuance his resolution, the investigating prosecutor shall forward of the case to the provincial or city prosecutor or chief state prosecutor or to the Ombudsman or his deputy by the Sandiganbayan in the exercise of its original jurisdiction. They shall actvon the resolution within ten days from their receipt thereof and shall immediately inform the parties oc such action. ( Section 4, rule 112). NO complaint or information may be filed orr dismissed by an investigating prosecutor without the prior writen authority or approval of the provincial or city prosecutor of chief of state prosecutor or the Ombudsman or his deputy.
Different findings between the investigating prosecutor and superior prosecutor. When the investigating prosecutor recomends the dismissal of the complaint, but this findings are reversed by the " Superior" Prosecutor or Ombudsman on the ground that probable cause exists, the "superior" prosecutor or Ombudsman may by himself, file the information against the respondent, or direct another assistant prosecutor to do so without conducting another preliminary investigation.
Remedy of the aggrieved party from the resolution of the Investigating Prosecutor.
An aggrieved party may appeal by filling a verified petition for review with the Secretary of Justice and by furnishing copies thereof to the adverse party and prpsecution office issuing the appealed resolution.
The appel shall taken within 15 days from reciept of the resolution or of the denial of the motion for reconsideration / reinvestigation if one has been filed within 15 days from receipt of the assailed resolution. Only one motion for reconsideration shall be allowed.
When warrant of arrest may issue
1. Dismiss the case if the evidence on record clearly failed to establish probable cause;
2. If he or she finds probable cause, issue a warrant of arrest issue a commitment order of the accused has already been arrested pursuant for a warrant of arrest or lawfully arrested without warrant; and
3. In case of doubt as to the existence of probable cause, order to the prosecutor to present additional evidence within 5 (five) days from notice, the issue to be resolved by the court within 30 days from the filling of information.
PRIOL, DARWIN J.
3-C2
Good day sir, this is the summary that I've learned about this topic.
Resolution of Investigating Prosecutor if the investigating prosecutor finds cause to hold the defendant for a trial he shall prepare the resolution and information. No complaint or information may be filed or dismissed by an investigating prosecutor without the written without the prior written authority or approval of the provincial or city prosecutor or state prosecutor or the ombudsman or his deputy. The decision of the prosecutor may be reviewed by the courts when he acts with brave abuse of discretion amounting to lack of jurisdiction. The appeals will be taken within 15 days from receipt of the resolution or the denial of the motion for the consideration or the investigation if one has been from receiving the sale resolution. Only one motion for a reconsideration is allowed.
The remedy of the aggrieved party from the resolution of the investigating Prosecutor is to file an appeal. The resolution will not take its legal effect without the approval of this higher authority that will take place within 10 days from the issuance of the draft resolution. That there is a reasonable ground to believe that the crime has been committed. That the accused or respondent is probably guilty.
The secretary of justice reverse or modify the resolution of the provincial or city prosecutor or chief state prosecutor. If the information was already filed in court but the accused filed a petition for review of the findings of the Prosecutors with the department of justice the court is bound to suspend the arraignment of the accused for a period not exceeding 60 days. The judge can dismiss the case if the evidence on record clearly failed to establish probable cause. If he or she finds probable cause the judge may issue warrant of arrest or issue a commitment order of the accusing if the accused had already been arrested pursuant to a warrant of arrest or lawful arrest.
PERIOD FOR OFFICERS TO DELIVER THE PERSON DETAINED UNDER ARTICLE 125 OF THE REVISED PENAL CODE
*12 hours - light Penalties
*18 hours - Correctional Penalties
*36 hours - afflictive or Capital Penalties
ARREST BY A PRIVATE PERSON
When the offender to be arrested is in his possession, he has committed, been committed and he has probable cause to conclude that the individual to be arrested committed it based on personal knowledge of facts and circumstances.
PERIOD OF THE VALIDITY OF A WARRANT OF ARREST
A warrant of arrest has no time limit on its validity, unlike a search warrant, which is only valid for 10 days.
BICOMONG,RYAN GIMEL M. 3C4
Good day sir This is the important points i learn from this topic
To arrest is to take a person into the custody of the law in order for him to be bound for the commission of an offense (Section 1, Rule 113 of the Rules on Criminal Procedure). There are two types of arrest: (a) arrest with a warrant; and (b) a warrantless arrest.
An arrest with a warrant presupposes that an affidavit-complaint was filed against the suspect (respondent) with the Office of the Prosecutor (or in certain exceptional cases with the Department of Justice), and it finds probable cause to charge him in court. The court separately finds probable cause for the issuance of a warrant of arrest against him.
On the other hand, a warrantless arrest takes place when a person to be arrested is caught committing, about to commit or has just committed a crime. Regardless of the type of arrest, the person arrested will have to be brought to the nearest police station. In all cases, the taking of custody should not be subject to a greater restraint than which is necessary for the suspect’s detention. The officer may break into any building or enclosure where the person to be arrested is or is reasonable believed to be, if he is refused admittance; and he may also break out when necessary to liberate himself.
A person arrested with a warrant is placed under the jurisdiction of the court that issues it and will have to be arraigned and subjected to pre-trial within a period of 10 days from receipt of the case (Section 8, Part III, Guidelines for Continuous Trial). The intention of the Rules is to bring the arrestee, now the accused, to trial to confront the witnesses and evidence presented against him, and for the court thereafter to render the judgment. However, warrantless arrest proceeds in a different legal direction before it goes to court. 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 (Section 5, Rule 113 of the Rules on Criminal Procedure).
UMALI, ANGELICA JANE M.
3c2
Good day Atty.
This is the summary of what I’ve learned in:
Resolution of investigating prosecutor
If the investigating prosecutor finds cause to hold the defendant for trial, he shall prepare the resolution and information (Sec 4, Rule 112)
* Output in the preliminary investigation after the submission of the parties of the complaint affidavit and the submission of the defendant or respondent of the counter affidavit. If the complainant wishes to file reply affidavit that can also be allowed by the investigating prosecutor and the affidavit to be filed is a rejoinder or reply affidavit.
*Complaint affidavit-Counter affidavit-rejoinder affidavit-reply affidavit. After submitting this affidavit the investigating prosecutor will prepare resolution and information; if he finds reasons or grounds to hold the respondent for trial.
Resolution of investigating prosecutor
*Duty of the investigating officer: personally examined or interview or raise clarificatory questions or probing questions both complainant and witnesses
*Higher authority- provincial prosecutor or city prosecutor chief state prosecutor, or to the Ombudsman or his deputy by the Sandiganbayan in the exercise of its original jurisdiction.
* Recommendatory- It means that it is not yet final, needs approval of higher authority. If not approved by the higher authority, that resolution will not take its legal effect.
*Yes there are cases that there is no approval by the higher authority. If the provincial or city prosecutor delegates the authority of approval of a resolution then that delegation must be done in prior written authority
Different findings between the investigating prosecutor and superior prosecutor
*If the Investigating Prosecutor finds no reason to hold the respondent for trial or elevate the case to the court then he will recommend the dismissal of the complaint. Higher authority can reversed the findings of investigating prosecutor and order him to file information in court.
Remedy of the aggrieved party from the resolution of the Investigating Prosecutor.
*In case you lost your case in provincial or city prosecutor, the remedy is to file a verified petition for review. You can file it with Secretary of Justice. Your petition review has no effect of suspending the filing of information.
*Verification- the part has read the contents of the petition and that the allegation is correct based on personal knowledge or authentic records.
Ombudsman- special prosecutor.
-Signed in violation of R no. 3019 or the anti-graft and corrupt practices, violation of plunder law or the commission of crimes against public.
When warrant of arrest may issue
*The court will determine probable cause, if the accused must be brought before the custody of the law. The judge will make a personal assessment of the complaint.
Operation of the judge upon the filling of information
*No evidence, dismiss the case
*There are three options of the judge in case he receive the information; he will make a personal evaluation of the complaint and the evidence adduced by the complainant and his witnesses, if there is no evidence, he can dismiss it outright, if there is an evidence he can issue a warrant of arrest but if the accused had already been arrested, the court issue a commitment order.
Cases not requiring a preliminary investigation
*4 years, 2 months below does not require preliminary investigation
Institution of cases when preliminary investigation is not required
* In ordinary circumstances you filed your complaint before the city or provincial prosecutor.
Instances when amendment of Information does NOT warrant a new preliminary investigation
*It depends to require a preliminary investigation if there’s an error in the information nd you have corrected it. This are the instances that even if you amend or change, edit or revise the information, it will not require new preliminary investigation.
Instances when amendment of Information warrants a new preliminary
*In case that the person who approves the filing of the information is merely a deputy city or provincial prosecutor without the prior written authority delegating to approve the information then the information is null and avoid. It lacks of authority.
Remedies available to the accused if there was no preliminary investigation conducted pursuant to a lawful warrantless arrest
Article 125 of the RPC deals with the period of delay in the delivery of detained persons to the proper judicial authorities.
*The accused can ask for preliminary investigation before he enter his plea.
ARREST RULE 113
-it is the taking of a person into custody in order that he may be bound to answer for the commission of n offense
Arrest may be made on any day, any time of the day or night.
Arrest without warrant, when lawful
Instances of a valid warrantless arrest
1. In flagrante delicto arrest
2. Doctrine of hot pursuit
3. Escapee in a penal institution
Methods of Arrest
-By actual restraint of the person to be arrested
- By his submission to the custody of the person making the arrest
Arrest made by officer without warrant
Element of Hot Pursuit arrest
* There’s a need of close proximity between to the time of arrest and the commission of the offense
Personal Knowledge
-It means actual belief or reasonable grounds of suspicion that the person to be arrested is probably guilty of the offense based on actual facts.
Period for the officers to deliver the person detained under Art 125 of the RPC
Art. 125 Delay in the delivery of detained persons to the proper judicial authorities.
12 hrs- light penalties
18 hrs- Correctional penalties
36 hrs- Afflictive or capital penalties
Requisites of a valid warrant of arrest
Warrant of arrest- it is the legal process issued by a competent authority, directing the arrest of person or persons upon the grounds stated therein
Period of the validity of a warrant of arrest
-no time limit is fixed for the validity of a warrant of arrest, unlike a search warrant, which is effective only for 10 days.
-It remains valid until arrest is effected or the warrant is lifted.
Determination of Probable cause for issuance of warrant of arrest
Probable cause
-It refers to facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed by the persons involved.
De Leon, Mark Kevin N.
3C4
Good Day Atty!!! This are the summary of what I’ve learned to the video lecture the you’ve uploaded
Arrest Made by Officer with Warrant
Arrest must be effected first before the search. If you conducted the search, first you have arrests a person based on such search then the arrest would not be valid and therefore any and all evidence obtained in violation of the constitutional right of the person will be inadmissible in evidence. Likewise, you need to have personal knowledge of the facts and circumstances that will constitute a reasonable belief that the person is committing a crime. However if you do not have personal knowledge that a person is committing a crime you cannot arrest otherwise the address will be invalid and whatever evidence obtained therein will be inadmissible in evidence and held liable for illegal arrest. in this regard, According to article 125 of the Revised Penal Code the police officer should immediately deliver the person arrested in the nearest police station for the purpose to avoid the violation of the prohibition as stated under article 125 such as 12 hours for light penalties, 18 hours -for correctional penalties and 36 hours - afflictive or capital penalties.
The higher authority defined as:
1. It can be the provincial prosecutor or in case of cities with their own prosecutors than the city prosecutor or it can be forwarded as well to the chief state prosecutor or to the Ombudsman or his deputy in cases cognizable by Sandiganbayan in the exercise of its original jurisdiction.
2. Thus the duty and responsibility of the higher authority they shall act on the resolution within ten (10) days from their receipt thereof likewise shall immediately inform the parties of such actions.
3. In the case that the investigating prosecutor found ground or reason to hold the respondent for trial is to prepare a resolution.
Resolution of Investigating Prosecutor
If the investigating prosecutor finds cause to hold the defendant for trial, he shall prepare the resolution and information (sec. 4, Rule 112) (1).
So the output in the preliminary investigation states therein after the submission of the parties of the complaint affidavit and the submission of the defendant or respondent of the counter affidavit. But, if the complainant wishes to file a reply affidavit that can also be allowed by the investigating prosecutor, and the last affidavit to file is a rejoinder or a reply affidavit. Furthermore after the submission of this affidavit, the investigating prosecutor will prepare a resolution and information if he finds reason or ground to hold the response for trial.
When Warrant of Arrest may Isuue
• Within 10 days from the filling of the complaint or information, the judge shall personally evaluate the resolution of the prosecutor.
• The judge will have to make a personal assessment of the complaint. The judge may not rely based on the resolution or complaint. He has to see it for himself. The judge will have to satisfy if there is really a ground for the issuance of a warrant of arrest.
ARREST it defined -it is the taking of a person into custody so that he may bound to answer for the commission of an offense (Sec. 1 Rule 113)
The person who are not subjected to arrest are the ff:
(a) You cannot arrest a senator or congressman if the imprisonment is not more than 6 years while congress is in session.
(b) The representatives of foreign states or foreign government you cannot arrest them because they are immune from arrest the criminal jurisdiction of the country according to a treaty obligation of the Philippines. (c) The arrest of duly accredited ambassadors, public ministers of a foreign country their duly registered domestics subject to the principle of reciprocity.
Arrest without Warrant, When lawful
(a). Accused is already under detention
(b) Complaint or information was filed according to a valid warrantless arrest (c) Has no penalty of imprisonment
Some instances where Warrantless Arrest is Valid
(a) In flagrante delicto - the commission of the crime must be done in the presence of the arresting person, the person to be arrested has committed, actually committing, or attempt to commit an offense. (b) Doctrine of hot pursuit (c) Escapee from a penal institution
Cases not requiring a preliminary investigation
(a) If the penalty imposable is less than 4 years, 2 months, and 1days it does not require preliminary investigation.
(b). In the instances of warrantless arrest if the person has been arrested without a warrant of arrest then you do not conduct a preliminary investigation.
In order to understand the word INQUEST it defined- it is 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 to determine whether or not that persons should remain under custody and corresponding be charged in court. (Sec. 1 DOJ Circular No. 61)
Mea, Katherine Joy 3C2
I learn those process of resolution of investigation that explain if the investigating prosecutor finds cause to hold the defendant for trial, he shall prepare the resolution and information. These are sequence first must file in complaint affidavit, counter affidavit, rejoin affidavit and last reply affidavit. Those affidavit the investigating prosecutor must prepare the resolution of investigating information if he finds a reason, or ground to hold the respondent for trial, under oath shall be certify that shown the record that can personal examined on the interview, there have a reasonable ground to believe , the accused is probably guilty, and was informed of the complaint the evidence submitted against him, and lastly, must be given the opportunity to submit a controverting evidence, this file is valid in within 5 days in this resolution that must be forward to the provincial or city prosecutor or chief state prosecutor, or to the ombudsman or his deputy by the Sandiganbayan in the exercise of its original jurisdiction. If the instances that the investigating prosecutor can be hold the respondent for a trial, the resolution of the investigating prosecutor is merely recommendatory. In this filing no complaint or information may be filed or dismissed by an investigating prosecutor without the prior written authority or approval of the provincial or city prosecutor or chief state prosecutor or the ombudsman or his deputy.
In this resolution if the case is loss on the part of secretary of justice, it must be appeal , into a administrative before the office of the president and the decision of the latter may be appealed before the Court of appeal pursuant to rule 43. However, if there is grave abuse of discretion resulting to lack or excess of jurisdiction a petition for certiorari under rule 65 may be filed, the resolution of the ombudsman in administrative cases may be subject of petition for review via rule 43 before the CA or a special civil action for certiorari via rule 65 before the SC in criminal cases.
In this video also explain when the warrant of arrest may issue, by action by the judge upon filing of the complaint or information, within 10 days from the filing the judge shall personally evaluate the resolution , upon that have the evidence a record failed to establish the probable cause, and explains the cases are not requiring the preliminary investigation, it must be offense involves an imprisonment of less than 4 years, 2 months and 1 day, and if the person lawfully arrest without a warrant that may requires a preliminary investigation , that must be conduct an inquest proceeding, if the person arrest by a police officer in flagrante delicto, this filing directly with the prosecutor, that the act of complaint based on affidavit, or other supporting documents submitted, within 10 days.
Further, those duties of an inquest officer, to determine if the arrest of the detained person was valid should the inquest officer, and those person conduct preliminary investigation, may conducted by the Inquest Officer himself or by any other assistant prosecutor to whom the case may be assigned by the city or provincial prosecutor which investigation shall be terminated within 15 days from its inception, it is referral document, the affidavit of arrest, investigation report, the statement of the complaint and witness and the evidence gathered by the police in course of latter investigation on the criminal incidents, the inquest officer shall as far as practicable cause the affidavit of arrest and statements.
Under rule 113, it stated taking of a person into custody in order that may he may be bound to answer for the commission of an offense, those person who are not subject to arrest, thses are the senator or member of the house of representative, chiefs of state, ambassadors, ministers plenipotentiary, minister’s residents and charges d’affaires, the arrest of duly accredited ambassadors, public ministers of a foreign country.
The arrest made in, by actual restraint of a person to be arrested or by his submission to the custody of the person making the arrest that can be any day at any time of the day or night. If the arrest is without a warrant, it must be under detention, Complaint or information was filed pursuant to a valid warrantless arrest, and the offense penalized by fine only. And it explain those instance of valid a warrantless arrest, these are presence of the arresting person, the person to be arrested has committed is actually committing or is attempting to commit an offense in flagrante delicto arrest, presence of officer. , by the doctrine of a hot pursuit, and escaped from a penal establishment or place where he is serving final judgement or temporarily confined while his case is pending or as escaped while being transferred from one confinement to another. On the arrest made by an officer or used making of arrest it must be no violence or unnecessary force shall be used in making an arrest. The person arrested shall not be subject to a greater restraint than is necessary for his detention, however, if it necessary to secure and detain the offender, overcome his resistance, prevent his escape, recapture him and protect himself from bodily harm. That’s all thank you!!
PASTRANA, KATRINE L.
3C2
RESOLUTION OF THE INVESTIGATING PROSECUTOR
- If the investigating prosecutor finds cause to hold the defendant for a trial he shall prepare the resolution and information.
ORDER
- Complain-Affidavit, Counter-Affidavit, Rejoinder Affidavit and Reply
(1) It is the outcome in a preliminary investigation after the parties submitted a complaint affidavit and the submission of the defendant or respondent of the counter affidavit;
(2) If the complainant wishes to file a reply affidavit that can also be allowed by the investigating prosecutor; and the last
(3) Affidavit to be filed is what a rejoinder or a reply affidavit.
SUBMISSION OF AFFIDAVIT
- The investigating prosecutor will prepare a resolution and information. If he finds reason or grounds to hold the responded for trial. The investigating officer under oath shall certify the following:
(1) That he, or as shown by the record as an authorized officer has personally examined the complainant and his witnesses;
- DUTY OF THE INVESTIGATING PROSECUTOR- he will make such interview or raise some clarifying and probing questions to both the complainant and his witnesses
(2) That there is a reasonable ground to believe that the crime has been committed;
(3) That the accused is probably guilty thereof
(4) That the respondent was informed of the complaint and the evidence submitted against him; and
(5) That he was given an opportunity to submit controverting evidence
NOTE:
- Within five (5) days from the issuance of this resolution, the investigating prosecutor shall forward the record of the case to whom the provincial or city prosecutor or chief state prosecutor, or to the ombudsman or his deputy by the sandiganbayan in the exercise of its original jurisdiction. They shall act on the resolution within 10 days from receipt thereof and shall immediately inform the parties of such action.
- If the INVESTIGATING PROSECUTOR will draft a resolution that draft of the investigating prosecutor is merely recommendatory. It is not yet final because no complaint or information may be filed or dismissed by an investigating prosecutor without the prior written authority or approval of the provincial or city prosecutor or the chief of the state prosecutor or the ombudsman or his deputy.
- If there are case that has different findings between the investigating prosecutor and his superior, the investigating prosecutor recommends the dismissal of the complaint. The findings will be reversed by the superior code on the ground that probable cause exists. The superior prosecutor or ombudsman may file the information against the respondent or direct another assistant prosecutor to do it.
REMEDY OF THE AGGRIEVED PARTY FROM THE RESOLUTION OF THE INVESTIGATING PROSECUTOR
- An aggrieved party may appeal by filing a verified petition for review with the Secretary of Justice and by furnishing copies thereof to the adverse party and the prosecution office issuing the appealed resolution. (It is essential in case that is lost in the city prosecutor or the provincial prosecutor)
- The appeal shall be taken within 15 days from the date of receipt of the resolution or if the denial of a motion for reconsideration and investigation if one has been filed within 15 days from the receipt of assailed resolution. ONLY ONE consideration per motion shall be allowed.
- Unless the Secretary directs otherwise, the appeal shall not stay the filing of the corresponding information in court on the basis of finding the probable cause assailed decision.
- The decision of the prosecutor may be reviewed by the courts when he acts with brave abuse of discretion amounting to lack of jurisdiction.
REVERSAL OR MODIFY THE RESOLUTION OF THE PROVINCIAL OR CITY PROSECUTOR
- The Secretary of Justice may motu propio reverse or modify the resolution of the provincial or city prosecutor or chief state prosecutor. The Secretary of Justice may review the resolution of his subordinates in criminal case despite the information being filed in court.
- The Secretary of Justice exercise the power of direct control and supervision over prosecutors, and may thus affirm, nullify, reverse or modify their rulings.
NOTE:
- That the resolution of the ombudsman in administrative cases may be subject of a petition for review under rule 43 of the rules of court before the court of appeals or a special civil action for certiorari through rule 65 before the supreme court
- OMBUDSMAN (special prosecutors; assigned in the violation)
- ADMINISTRATIVE CASE (filed in the court of appeals)
REMEDY OF THE AGGRIEVED PARTY AGAINST A RESOLUTION OF THE SECRETARY OF JUSTICE
- You can appeal your case in the office of the President the decision of the office of the president may be appealed before the court of appeals pursuant to rule 43 of the rules of court. However if there is grave abuse of discretion amounting to lack or excessive jurisdiction a petition for certiorari under the rule 65 should be files.
- The resolution of the ombudsman in administrative cases may be subject of a petition under rule 43 of the rules of court before the court of appeals or a special civil action for certiorari through rule 65 before the supreme court in criminal cases.
SAMPLE CASES FILED DIRECTLY TO THE OMBUDSMAN
- The special prosecution are tasked only in violation of R.A. 3019 anti-graft and corrupt practices act, the plundered violation of plunder law etc.
RULE 113 (ARREST)
ARREST- The taking of a person into custody in order that he may be bound to answer for the commission of offense.
PERSONS WHO CANNOT BE SUBJECTED TO ARREST
1. Senator or member a member of the house of representatives;
2. Ambassadors, ministers plenipotentiary, ministers resident and charges d’ affaires;
3. The arrest of duly accredited ambassadors, public ministers of a foreign country where duly registered domestics subject to the principle of reciprocity.
ARREST, HOW MADE
- It is made by actual restraint of a person to be arrested or by his submission to the custody of the person making arrests.
- The head of the office to whom when the warrant was delivered must cause it to be executed within 10 days from its receipt and the officers to whom it is assigned must make a report to the judge who issued the warrant within 10 days from the expiration period. If he fails to execute, he shall state the reasons therefore.
NOTE:
- It’s either voluntary surrender or the arresting officer putting an actual restraint of a person.
- May be made on any day and at any time of the day or night. now it can be affected at the
ARREST WITHOUT WARRANT, WHEN LAWFUL
1. If the accused is already under detention;
2. A complaint or information was filed pursuant to a valid warrantless arrest; and
3. The accused is already under detention and then complaint or information is for an offense penalized by a fine only
INSTANCES OF A VALID WARRANTLESS
1. IFLAGRANTE DELICTO
When in his presence, the person to be arrested has committed is actually committing or is attempting to commit an offense.
2. DOCTRINE OF HOT PURSUIT
When an offense has in fact been committed and the arresting person has probable cause to believe based on personal knowledge of facts and circumstances that the person to be arrested has committed.
3. ESCAPEE IN A PENAL INSTITUTION
When the person to be arrested is a prisoner who has escaped from a penal establishment or a 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.
METHODS OF ARREST
1. By actual restraint of the person to be arrested; or
2. By his voluntary submission to the custody of the person making arrests.
ARREST MADE BY OFFICER WITH A WARRANT
GENERAL RULE
- No violence or unnecessary force shall be used in making an arrest. The person arrested shall not be subjected to a greater restraint than that is what is necessary for his detention.
EXCEPTION
- If necessary to secure and detain the offender, overcome his resistance, prevent his escape, recapture him and protect himself from bodily harm.
PERSONAL KNOWLEDGE
- It means actual belief or reasonable grounds of suspicion that the person to be arrested is probably guilty of the offense based on actual facts. It has no reference to the actual commission of the crime but the personal knowledge of the facts leading to probable cause.
OBLIGATION OF THE ARRESTING OFFICER AFTER THE WARRANTLESS ARREST
- The arresting officer must comply with the provisions of article 125 of the RPC, otherwise, he may be held criminally liable for arbitrary detention under article 124 of the RPC. Jurisdiction over the person arrested must be transferred to the judicial authorities. Article 125 is a procedural requirement in case of warrantless arrest. A case must be filed in court.
PERIOD FOR OFFICERS TO DELIVER THE PERSON DETAINED UNDER ARTICLE 125 OF THE REVISED PENAL CODE
- 12 hours- Light Penalties
- 18 hours- Correctional Penalties
- 36 hours- Afflictive or Capital Penalties
RATIFICATION OF AN ILLEGAL ARREST
- Illegality of warrant this arrest may be cured by filing of an information in court and the subsequent issue once by the judge of a warrant of arrest.
NOTE
- Once the person has been duly charged in court he may no longer question his detention by petition for habeas corpus. His remedy is to quash the information and the warrant of arrest.
CONSEQUENCES OF ILLEGAL ARRESTS
- The documents things or articles ceased following the illegal arrests are inadmissible evidence;
- The arresting person may be held criminally liable for illegal arrests under article 269 of RPC;
- Arresting officer may be held severely liable for damages under article 32 of the new civil code; and
- He will also be administratively liable
ARREST BY A PRIVATE PERSON
- 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 just been committed and he has probable cause to believe based on personal knowledge of facts and circumstances that the person to be arrested has committed it.
REQUISITES OF A VALID WARRANT OF ARREST
1. It must be issued upon probable cause;
2. probable cause is to be personally determined by the judge after examination under oath of the complainant and the witnesses he may produce;
3. The judge must personally evaluate the report of the prosecutor and the evidence adduced during preliminary investigation;
4. The warrant must particularly describe the person to be arrested; and
5. It must be in in connection with specific offense or a crime.
PERIOD OF THE VALIDITY OF A WARRANT OF ARREST
- No time limit fixed for the validity of a warrant of arrest, unlike in a search warrant which is effective only for 10 days
- It remain valid until arrest is effected or the warrant is lifted no there is no time limit a wallet
REMEDY FOR WARRANT OF ARREST
- The proper remedy is to file a petition to quash. The warrant of arrest not a petition for habeas corpus since the court in the latter case may only order release but not enjoin the further prosecution or preliminary investigation.
DETERMINATION OF PROBABLE CAUSE FOR THE ISSUANCE OF WARRANT OF ARREST
PROBABLE CAUSE
- The facts and circumstances which would lead a reasonable discrete and prudent man to believe that an offense has been committed by the persons involved. It need not be based on clear and convincing evidence of guilt neither it is based on evidence establishing guilt beyond reasonable doubt on evidence establishing absolute certainty of guilt.
- Within 10 days from the filing of the complaint or information, the judge shall personally evaluate the resolution of the prosecutor any supporting evidence.
- He may immediately dismiss the case if the evidence on record clearly fails to establish probable cause.
- In case of doubt in the existence of probable cause the judge may order the prosecutor to present additional evidence within five days from notice, and that that issue must be resolved in 30 days from the filing of the complaint or information if he finds probable cause.
- He shall issue a warrant of arrest or a commitment order in case that the accused had already been detained.
CALONGCALONG, CRISTIANTIE MARIE L. 3C3
Good day po! I`ve learned from this topic is all about first the continous lesson from preliminary investigation applying the resolution process of investigating prosecutor after having the findings to hold the trial within 5 days of the issuance of the resoluiton he shall forward the case to the higher authority like provincial prosecutor either to city, municipal, chief state prosecutor and ombudsmann etc,. the power to approve the resolution prefered by investigation prosecutor it must deligate by the deputy city prosecutor or others.
NOTE:
In case the investigating prosecutor will draft a resolution that draft of the investigating prosecutor is merely recommendatory
INVESTIGATING PROSECUTOR AND SUPERIOR PROSECUTOR are not the same things if the investigating prosecutor determines that there is no grounds to hold the respondent for trial, i.e., to take the case to the courts, he will suggest that the complaint be dismissed. Lastly, this resolution will not have legal effect until it is approved by this higher authority.
Can bind laws?
No, Even if he finds no probable cause, the Secretary of Justice cannot order the matter to be dismissed by the court. Only a court of law will have sole authority over the case's resolution.
The court has sole discretion or authority to decide the matter once the information is filed in court.
What are your options if you lose your lawsuit in front of the Secretary of Justice?
You can take your issue to the President's office for review. The decision of the Office of the President may be appealed before the court of appeals pursuant to Rule 43 of the Rules of Court.
HIERARCHY
- City prosecutor office
- Secretary of Justice (DOJ)
- Office of the President(OP)
- Rule 43
WHEN WARRANT ARREST MAY ISSUE
Within ten (10) days from the filing of the complaint or information, the judge shall personally evaluate the resolution of the prosecutor and its supporting evidence. He may immediately dismiss the case if the evidence on record clearly fails to establish probable cause. If he finds probable cause, he shall issue a warrant of arrest, or a commitment order if the accused has already been arrested pursuant to a warrant issued by the judge who conducted the preliminary investigation or when the complaint or information was filed pursuant to section 7 of this Rule.
INQUEST is need to conduct for warrantless arrest which not requiring preliminary investigation. Also, like the Inlagrante delicto (caught in the act).
When the judge receives the material, he has three alternatives for making a personal assessment of the complaint and the facts presented by the complainant and his witnesses.
(1) He has the authority to dismiss the case entirely if there is insufficient evidence. (2) He can issue an arrest warrant if there is proof, but if the accused has already been detained, the court will issue a commitment order.If the accused was arrested on the basis of a warrant of arrest, legitimate arrest without a warrant, or arrest without a warrant. (3) If a case exists, he has the authority to ask the prosecutor to produce more evidence within 5 days, and the case must be resolved within 30 days of the information being filed.
THE PERSON CANNOT BE SUBJECTED TO ARREST
(1) You cannot arrest a senator or congressman if the sentence is less than 6 years while Congress is in session. (2) You cannot arrest representatives of foreign states or governments because they are immune from arrest under the criminal jurisdiction of the Philippines as a result of a treaty obligation.(3) The arrest of duly accredited ambassadors, public ministers of a foreign country their duly registered domestics subject to the principle of reciprocity.
HOW ARREST MADE
it is made by actual restraint by a person to be arrested, or by his submission to the custody of the person making the arrest.
NOTE: Arrest may be made on any day, any time of day and night.
PERIOD FOR OFFICER TO DETAINED (ART.125)
The penalties provided in the next preceding article shall be imposed upon the public officer or employee who shall detain any person for some legal ground and shall fail to deliver such person to the proper judicial authorities within the period of; twelve (12) hours, for crimes or offenses punishable by light penalties, or their equivalent; eighteen (18) hours, for crimes or offenses punishable by correctional penalties, or their equivalent and thirty-six (36) hours, for crimes, or offenses punishable by afflictive or capital penalties, or their equivalent. In every case, the person detained shall be informed of the cause of his detention and shall be allowed upon his request, to communicate and confer at any time with his attorney or counsel. If the officer fail to detained the person with the right prescription of his penalty you can sue him by arbitral detention.
THANKYOU PO SIR :)
HORNILLA DAN RONALDO C.
3C3
This is the summary of what I've learned in this lesson. If the investigating prosecutor believes there is enough evidence to keep the defendant for trial, he must prepare a settlement and information. Under oath, the investigating officer must certify the following: That he, as an approved officer, personally interviewed the plaintiff and his witnesses, as shown by the record. There is a fair basis for believing that That there is a good reason to believe the crime has been committed. That the defendant or respondent is almost certainly guilty. The complainant was made aware of the case and the facts presented against him. He was given the opportunity to present contradictory facts. The investigating prosecutor must forward the case record to the provincial or city prosecutor, the chief state prosecutor, or the ombudsman or his deputy by the Sandigan bayan in the exercise of its original jurisdiction within five days of the issuance of his resolution. They must act on the resolution within 10 days of receiving it and promptly notify the parties of their decision.
If the investigating prosecutor drafts a resolution, keep in mind that the draft is just a recommendation, which means it is not yet final, since no accusation or evidence can be lodged or dismissed by an investigating prosecutor without the prior written authority or approval of the provincial or city prosecutor or state prosecutor. The resolution will not have legal force unless and until it receives approval from this higher authority. When the investigating prosecutor recommends dismissal of the complaint, but his findings are overturned by the superior code encode prosecutor or the ombudsman on the basis of the superior code encode prosecutor's or the ombudsman's findings. The aggrieved party's right to appeal the investigating prosecutor's decision. A party who has been wronged may file a verified petition for review of the appealed resolution. Only one motion for reconsideration is required from the date of receipt of the sale resolution or the rejection of the motion for consideration or inquiry if one has been received from the date of receipt of the sale resolution. If the prosecutor commits a brave abuse of discretion that results in a lack of jurisdiction, the courts can review his decision. Despite the information filed in court, the secretary of justice can review resolutions of his subordinates in criminal cases and moto proprio reverse or change the resolution of the provincial or city prosecutor or chief state prosecutor. In administrative proceedings, the ombudsman's decision can be subject to a petition for review before the court of appeals under rule 43 of the rules of court, or a separate civil suit for certiorari before the supreme court under rule 65 in criminal cases. The result of filing a petition for review with the Department of Justice if the information was already filed in court; if the information was already filed in court but the accused filed a petition with the Department of Justice for review of the Prosecutors' findings, the court is obliged to delay the accused's arraignment for a period not exceeding 60 days. When a warrant of arrest is issued, the judge must personally review the prosecutor's resolution within 10 days of receiving the complaint material. In performing the assessment, the judge must look at supporting facts. If the evidence on record clearly fails to create probable cause, the judge has the option of dismissing the case when filling out the facts. If the judge considers probable cause, he or she can issue an arrest warrant or a commitment order for the accused if he or she has already been arrested pursuant to an arrest warrant or lawful arrest without a warrant. If the evidence was already submitted in court, but the accused filed a motion for appeal of the Prosecutors' findings with the Department of Justice, the court is required to delay the accused's arraignment for a period of not more than 60 days.
Thank you sir
RECTO, JUSTINE J.
3C3
In this lesson I discovered nor i learned that in the "RESOLUTION OF INVESTIGATING PROSECUTOR" this is the yield of the primer examination after the accommodation of the gatherings of the grievance sworn statement and the accommodation of the respondent of the counter testimony. It comprise of answer oath, and rejoin affirmation. Second in this resolution, if the case is misfortune on the a piece of secretary of equity, it should be advance , into a regulatory before the workplace of the president and along these lines the choice of the last could likewise be requested under the watchful eye of the Court of allure according to manage 43. Notwithstanding, if there's grave maltreatment of tact coming about to need or undeniably more than locale an appeal for certiorari under rule 65 could likewise be recorded, the goal of the ombudsman in regulatory cases could likewise be subject of request for audit by means of rule 43 preceding the CA or a unique lawful activity for certiorari through rule 65 preceding the SC in criminal cases. Finally (PERIOD OF THE VALIDITY OF A WARRANT OF ARREST) A warrant of Arresr has no time limit on its legitimacy, dissimilar to a court order, which is just substantial for 10 days or within 10 days.
Thankyou sir!
CAPONPON, ELLIEN H.
3C3-BS CRIINOLOGY
Good Day Sir. In this discussion I've learned that Resolution of Investigating Prosecutor if the investigating prosecutor finds
cause to hold the defendant for a trial he shall prepare the resolution and information. The investigating officer under oath shall certify the following: That he as shown by the record as an authorized officer has personally examined the complainant and his witnesses. That there is a reasonable ground to believe that the crime has been committed. That the accused or respondent is probably guilty. That the respondent was informed of the complaint and the evidence submitted against him. That he was given an opportunity to submit controverting evidence. Within five days from the issuance of his resolution the investigating prosecutor forward the record of the case to whom the provincial or city Prosecutor or chief state prosecutor or to the ombudsman or his deputy by the Sandiganbayan in the exercise of its original jurisdiction. They shall act on the resolution within 10 days from receipt thereof and shall immediately inform the parties of such action.
In case the investigating prosecutor will draft a resolution that draft
of the investigating prosecutor is merely recommendatory take note of that meaning it is not yet final because no complaint or information may be filed or dismissed by an investigating prosecutor without the written without the prior written authority or approval of the provincial or city prosecutor or state prosecutor or the ombudsman or his deputy. Without the approval of this higher authority that resolution will not take its legal effect it will not take its legal effect. Different findings between the investigating prosecutor and the superior prosecutor when the investigating prosecutor recommends the dismissal of the complaint but his findings are reversed by the superior code encode prosecutor or the ombudsman on the ground that probable cause exists the superior prosecutor or ombudsman may by himself file the information against the respondent or direct another assistant prosecutor to do so without conducting another preliminary investigation.
The remedy of the aggrieved party from the resolution of the investigating prosecutor. An aggrieved party may may appeal by filing a verified petition for review appealed resolution. The appeals will be taken within 15 days from receipt of the resolution or the denial of the motion for the consideration or the investigation if one has been from receipt of the sale resolution only one motion for a reconsideration is allowed. Unless the secretary directs otherwise the appeal shall not state the filing of the corresponding information in court on the basis of the finding of probable cause in the assailed decision. The decision of the prosecutor may be reviewed by the courts when he acts with brave abuse of discretion amounting to lack of jurisdiction. The secretary of justice moto proprio reverse or modify the resolution of the provincial or city prosecutor or chief state prosecutor the secretary of justice may review resolutions of his subordinates in criminal cases despite the information being filed in court. That the resolution of the ombudsman in administrative cases may be subject of a petition for review under rule 43 of the rules of court before the court of appeals or a special civil action for certiorari through rule 65 before the supreme court in criminal cases. The effect of the filing of the petition for review before the department of justice if the information was felt in court, should the information be already filed in court but the accused filed a petition for review of the findings of the Prosecutors with the department of justice the court is bound to suspend the arraignment of the accused for a period period not exceeding 60 days.
When Warrant of Arrest may issue, within 10 days from the filing of the complaint information the judge shall personally evaluate the resolution of the prosecutor in conducting the evaluation of the resolution the judge shall look into supporting evidence. Option of the judge when filling the information, dismiss the case if the evidence on record clearly failed to establish probable cause. If he or she finds probable cause the judge may issue warrant of arrest or issue a commitment order of the accused if the accused had already been arrested pursuant to a warrant of arrest or lawful arrest without. In case there is a doubt in the mind of the judge whether probable cause exists then he can order the prosecutor to present additional evidence within 5 days and that
must be resolved within 30 days from the time of the filing of the information.
Cases which do not require preliminary investigation, when the penalty prescribed by law for the offense involves an imprisonment of less than four years two months and one day. If a person is arrested lawfully without a warrant involving an offense which requires preliminary investigation an information or complaint may be filed against him without the need of preliminary investigation provided an inquest had been conducted in accordance with existing rules. Thus if a person is arrested by a police officer inflagrante delicto or caught in the act while robbing the victim the arrest is a lawful one and a preliminary is not required even if the penalty for robbery is more than four years two one day. Institute cases when preliminary investigation is not required, file the complaint directly with the prosecutor by the complainant within 10 days from its filing and number two you can file the complaint or information directly with the municipal trial court.
BAUTISTA, JOHN ERICO A.
3C4
I learn those process of resolution of investigation that specify if the investigating prosecutor finds cause to carry the defendant for trial, he shall prepare the resolution and data. These are sequence first must come in complaint affidavit, counter affidavit, rejoin affidavit and last reply affidavit. Those affidavit the investigating prosecutor must prepare the resolution of investigating information if he finds a reason, or ground to carry the respondent for trial, under oath shall be certify that shown the record which will personal examined on the interview, there have an inexpensive ground to believe , the accused is maybe guilty, and was informed of the complaint the evidence submitted against him, and lastly, must incline the chance to submit a controverting evidence, this file is valid in within 5 days during this resolution that has to be forward to the provincial or city prosecutor or chief state prosecutor, or to the ombudsman or his deputy by the Sandiganbayan within the exercise of its original jurisdiction. If the instances that the investigating prosecutor is hold the respondent for an endeavor, the resolution of the investigating prosecutor is just recommendatory. during this filing no complaint or information is also filed or dismissed by an investigating prosecutor without the prior written authority or approval of the provincial or city prosecutor or chief state prosecutor or the ombudsman or his deputy.
In this resolution if the case is loss on the a part of secretary of justice, it must be appeal , into a administrative before the office of the president and therefore the decision of the latter could also be appealed before the Court of appeal pursuant to rule 43. However, if there's grave abuse of discretion resulting to lack or far more than jurisdiction a petition for certiorari under rule 65 could also be filed, the resolution of the ombudsman in administrative cases could also be subject of petition for review via rule 43 before the CA or a special legal action for certiorari via rule 65 before the SC in criminal cases.
In this video also explain when the warrant of arrest may issue, by action by the judge upon filing of the complaint or information, within 10 days from the filing the judge shall personally evaluate the resolution , upon that have the evidence a record didn't establish the evidence, and explains the cases aren't requiring the preliminary investigation, it must be offense involves an imprisonment of but 4 years, 2 months and 1 day, and if the person lawfully arrest without a warrant which will requires a preliminary investigation , that has to be conduct an inquest proceeding, if the person arrest by a officer in flagrante delicto, this filing directly with the prosecutor, that the act of complaint supported affidavit, or other supporting documents submitted, within 10 days.
Further, those duties of an inquest officer, to see if the arrest of the detained person was valid should the inquest officer, and people person conduct preliminary investigation, may conducted by the Inquest Officer himself or by the other assistant prosecutor to whom the case is also assigned by town or provincial prosecutor which investigation shall be terminated within 15 days from its inception, it's referral document, the affidavit of arrest, investigation report, the statement of the complaint and witness and therefore the evidence gathered by the police in course of latter investigation on the criminal incidents, the inquest officer shall as far as practicable cause the affidavit of arrest and statements.
Under rule 113, it stated taking of an individual into custody so as that will he is also sure to declare the commission of an offense, those one who aren't subject to arrest, thses are the senator or member of the house of representative, chiefs of state, ambassadors, ministers plenipotentiary, minister’s residents and charges d’affaires, the arrest of duly accredited ambassadors, public ministers of a remote country.
The arrest made in, by actual restraint of someone to be arrested or by his submission to the custody of the person making the arrest that may be any day at any time of the day or night. If the arrest is without a warrant, it must be under detention, Complaint or information was filed pursuant to a sound warrantless arrest, and therefore the offense penalized by fine only. And it explain those instance of valid a warrantless arrest, these are presence of the arresting person, the person to be arrested has committed is really committing or is attempting to commit an offense in flagrante delicto arrest, presence of officer. , by the doctrine of a hot pursuit, and escaped from a penal establishment or place where he's serving final judgement or temporarily confined while his case is pending or as escaped while being transferred from one confinement to a different. On the arrest made by a political candidate or used making of arrest it must be no violence or unnecessary force shall be utilized in making an arrest. The person arrested shall not be subject to a greater restraint than is important for his detention, however, if it necessary to secure and detain the offender, overcome his resistance, prevent his escape, recapture him and protect himself from bodily harm
the resolution of investigating prosecutor after the submission of parties of of complaint affidavit the counter affidavit must prepare and it is allow by the investigating prosecutor and the last affidavit will be a reply affidavit after the submission of affidavit the prosecutor will prepare a resolution and information if finds a ground to hold the responded. the resolution of investigating prosecutor and the investigating officer under oath shall certify that he shown by the record, with reasonable ground and accused probably guilty and he shall personally examine or interview some questions to both complainant and witnesses and submitting controverting evidence, within five days affter the prosecutor find a ground the record mist be forward to higher authority it must be provincial or chief state prosecutor or ombudsman to exercise the original jurisdiction. they shall act on the resolution within 10 days from receipt thereof and shall immediately inform the parties of such action.the investigating prosecutor will draft a resolution is merely recommendatory because the investigating prosecutor cannot dismissed without the prior written authority or approval of higher authorities in addition that there is cases where in there is no approval by higher authorities because higher authorities will deligate the authority approval and done with a prior written authority. if there is a different findings between the investigating prosecutor and superior prosecutor the dismissal of complaint is recommended and the findings can reversed by the ombudsman without the need of preliminary investigation. the remedy of a aggrieved party may appeal by filling a verified petition for review and file it in secretary Justice the period of time is 15 days. when elevating the case to the secretary Justice reverse or modify the resolution of the provincial or city prosecutor will review the resolution of criminal case and the secretary Justice cannot order the dismissal of the case even the findings of absence of probable cause.if tge criminal case is handle by the ombudsman the remedy is petition on circulary under rule 65.
upon the receipt of filing of complaint within 10 days the judge personally evaluate the resolution of the prosecutor and judge looking for the supporting of a evidence and there is a option of a judge upon filing of information first if the evidence is not sufficient to establish a probable case will be dismiss and if there is a probable cause the arrest must be conducted but if there is a doubt in the judge even probable cause exists the prosecution will present additional evidence within 5days. cases that is not required a preliminary investigation if the penalty is less than 4years,2months and 1days and if the person is arrest without a warrant of arrest instead of preliminary investigation,inquest proceedings will be conducted. if the case does not require preliminary investigation the filling of complaint is directly to prosecutor.
inquest is an formal and summary investigation conducted by a public prosecutor involving a criminal case. the duties of inquest officer is determined if the arrest is valid if not recommended to release of a detained person and the disposition on the referral document. in inquest proceedings the matters included the referral document first is affidavit arrest, investigation report and supporting evidence and instances when the production of a detained person is dispense with confined on hospital , under maximum security , involved security risk.
arrest is taking a person into custody in order he may be bound to answer for the commission of a offense. the person who is not subjected to arrest is senator if the imprisonment is not more than 6years while congress is in session and the representatives of foreign state or government because they are immune to criminal jurisdiction of a country and ambassador, minister of a foreign country. arrest is made is arresting officer is making a restraint of a person and the arresting officer must made a report to give to the judge who issued a warrant of arrest that is executed within 10 days. warrant of arrest is not necessary if the person is detained, complaint is pursuant of warrant less arrest and the offense is penalized by fined. instances of valid warrant of arrest if offense commit of inflagrante delicto arrest and doctrine of hot pursuit and when the perso arrested is a escape prisoner. in making the arrest the arresting officer shouldn’t use a force or violence in affecting arrest that will lead to violation of penal code. if there is valid of arrest then the officer may conduct a search in relation to a valid warrantless arrest and the arrest must be effective first before the arrest. arrest made by the officer without a warrant is inflagrante delicto arrest, buy-bust operation,hot pursuit arrest, evasion of service of sentence by prisoner, surrendering the accuse and what is the elements of hot pursuit first is offense has been committed or has just been committed and the probable cause is based on personal knowledge. personal knowledge is a actual belief. the obligation of the arresting officer after warrantless arrest it must be transfer to proper judicial authorities or otherwise you are criminal liable for illegal detention. CORONADO 3C4
Maganda po sana kong tagalog nagmumukhang tanga lang kaming mahihirap.O para sa mayaman lang talaga ang batas.salamat po.
TULAWE RICO O. BSCRIM-3C1
Good day ATTY. In this lecture series RESOLUTION OF INVESTIGATING PROSECUTOR I've learned that if the investigating prosecutor finds cause to hold the defendant fir trial, he shall prepare the resolution and information. (Sec. 4 Rule 112).
That the investigating officer under oath shall certify the following :
1. That he, or as shown by the record, an authorized officer, has personally examined the complinant and his witnesses:
2. That there is reasonable ground to believe that the crime has been committed:
3. That the accused is probably guilty thereof.
4. That the accused was informed of the complaint and of the evidence submitted against him: and
5. that he has given an opportunity to submit controverting evidence (Sec. 4 Rule 112).
The investigating prosecutor within 5DAYS from issuance of resolution shall forward the record of the case to the provincial or city prosecutor or the chief of state prosecutor, or to the OMBUDSMAN or his deputy by the SANDIGANBAYAN in exercise of its original jurisdiction. They shall act on the resolution within 10 DAYS from their reciept and shall immediately inform the parties of such action(Sec. 4 Rule 112).
NOTE: If case the investigating prosecutor will draft a resolution, that draft of the investigating prosecutor is MERELY RECOMMENDATORY. - It is not yet final because no complaints or information mqybe filed or dismissed by an investigating prosecutor without the prior written authority or approvalof the provincial or city prosecutor or the chief of the state prosecutor or the ombudsman or sandiganbayan.
- that without approval of the higher ups the resolution made by the investigating prosecutor will not take its legal effects.
But if the higher authority will delegate the approval of the resolution then that delegation is made in a prior written authority.
Different findings between the investigating prosecutor and superior prosecutor.
- When the investigating prosecutor recommends the dismissal of the complaint, but his findings are reversed by the '' Superior'' prosecutor or ombudsman on the ground of probable cause exist., the superior prosecutor or ombudsman mah by himself file the information against the respondent, or direct another assistant prosecutor to do so without conducting another preliminary investigation.
Remedy of the aggrieved party from the resolution of the investigating prosecutor.
-an aggrieved party may appeal by filling a verified petition for review with the secretary of justice and by furnishing copies thereof to the adverse party and prosecution office issuing the appealed resolution.
The appeal shall be take within 15 days from reciept of the resolution or of the denial of the motion for reconsideration /reinvestigation if one gas been filed within 15 days form reciept of the assailed resolution. Only one motion for reconsideration shall be allowed.
Unless the secretary directs otherwise, the appeal shall not stay the filling of the corresponding information in court on the basis of finding of probable cause in the assailed decision. The decision of the prosecutor may be reviewed by the courts when he acts with grave abuse of discretion amounting to lack of jurisdiction (Herrera, 2007).
Reversal or Modification of the resolution of the provincial or city prosecutor.
The secretary of justice may MOTU PROPRIO reverse or modify the resolution of the provincial or city prosecutor or chief state prosecutor. The secretary of justice may review may review resolutions of his subordinates in criminal cases despite the information being filed in court.
The Secretary of justice exercises the power of direct control and supervision over prosecutor, may thus affirm, nullify, reverse or modify thier rulings.
Petition of an aggrieved party against resolution of the Ombudsman
If administrative case - file a petition for review via rule 43 before Court of appeals
If criminal case- action for certiorari via rule 65 before the supreme Court.
That the Effect of filing of petition for review before the DOJ if the information was already filed in court, the court is bound to SUSPEND the arrangement of the accused for a period not EXCEEDEDING 60 DAYS (Sec. 11 Rule 116).
When warrant of arrest may Issue?
- That within 10DAYS from the filling of the complaint or information, the judge shall personally evaluate the resolution of the prosecutor. The judge will look into supporting evidence (Sec. 5 Rule 112).
There are options the judge will be made upon filling of information it is either to Dismiss the case if the evidence on record clearly failed to establish probable cause: and or if he/she finds probable cause, will issue a warrant of arrest or issue a COMMITMENT ORDER of the accused that has been arrested pursuant to warrantless arrest.
And incase of doubt, order the prosecutor to present additional evidence within 5 DAYS from notice, the issue to be resolved by the court within 30DAYS from the filling of information.
In cases not requiring a preliminary investigation
* if the penalty prescribed by law for the offense involves imprisonment of less than 4 YEARS 2 MONTHS ND 1 DAY.
* In cases of lawfully arrested without warrant. (INQUEST)
*If a person arrested by the police officer IN FLAGRANTE DELICTO while robbing the victim.
INQUEST
-is an formal summary examination conducted by an public prosecutor including a criminal case including the people arrested and detained without the benefits of warrant of arrest. The obligations of examination officer is determined in the event that the arrest is substantial in case not recommended to discharge of a confined individual and the disposition on the referral record.
ARREST
-is the taking of a person into custody in order that he may be bound to answer for the commission of offense. Person who are not subjected to arrest
ARREST, HOW MADE
- made by an actual restraint of a peson to be arrested, or by his submission to custody of the person making the arrest NOTE arrest may be on any day.The head of the office whom the warrant was delivered must cause it to be executed within 10 days from receipt.