CRIMINAL PROCEDURE BLOCK NOTES
Jurisdiction over the person of the accused
When offense has just been committed thirty-six
Procedure for issuance of search warrant
Cases Under Moving Vehicles
Waiver or consented searches
One. Jurisdiction over the subject matter
Three. Jurisdiction over the territory
Two. Jurisdiction over the person of the accused [Riano]
Injunction to Restrain Criminal Prosecution
Three. Jurisdiction over the territory [Riano]
Jurisdiction of the Municipal Trial Court, Municipal Circuit Trial Court, and Metropolitan Trial Court
One. Violations of municipal or city ordinances
Summary Procedure Rent, Traffen, BP twenty-two
Rent One. Violations of traffic laws, rules and regulations
Jurisdiction of the Regional Trial Court
Two. Issuance of writs and certiorari, prohibition, mandamus, quo warranto, habeas corpus and injunction
Four. Special jurisdiction on exclusive criminal cases as determined by the Supreme Court
Jurisdiction of the Sandiganbayan
Appellate A.M. Number zero two six zero seven-SB dated twenty-eight August two thousand two
Rule on Children in Conflict with the Law
A.M. Number ten three ten-SC (two thousand eleven)
A.M. Number nine six eight-SC dated thirteen April two thousand ten
A.M. Number nine six eight-SC (two thousand ten)
Uy v. CA two hundred seventy-six SCRA three hundred sixty-seven, nineteen ninety-seven
Why Estafa and BP twenty-two May Be Filed Separately
Effect of Appeal in Criminal Cases
People v. Lagon, one hundred eighty-five SCRA four hundred forty-two, nineteen ninety
SECTION SEVENTEEN. No person shall be compelled to be a witness against himself.
Art. one hundred twenty-five, Revised Penal Code
R A Number four two thousand (nineteen sixty-five)
R A Number nine thousand three hundred seventy-two (two thousand seven)
Section fourteen, Rule one hundred thirteen, Revised Rules of Court
Article three, Section twelve
Article three, Section seventeen
Article three, Section twenty-one
U S versus Wade, three hundred eighty-eight U S two hundred eighteen, nineteen sixty-nine
Orozco v. Texas, three hundred ninety-four U.S. three hundred twenty-four (nineteen sixty-nine)
U.S. V. Brown, nine hundred ninety F. two thousand three hundred ninety-seven (nineteen ninety-three)
DOCTRINE: United States v. Griffin: the court enumerated six indicia of custody:
People versus Andan, two hundred sixty-nine S C R A ninety-five nineteen ninety-seven
People versus Endino, three hundred fifty-two S C R A three hundred seven two thousand one
DOCTRINE: To make an alibi strong, there must be a physical impossibility to be present on the crime scene.
CLASS NOTES: VALID WAIVER OF COUNSEL
Distinction between confession and admission:
Exclusionary rule/"Fruit of the Poisonous Tree" doctrine
Fruit of the Poisonous Tree Doctrine
Cases Under Exclusionary rule/"Fruit of the Poisonous Tree" Doctrine
What should characterize the arraignment to be valid?
Are there any instances where an initially invalid admission because of the poisonous tree can become valid later?
CLASS NOTES On automatic review by the SC
How was the exclusionary rule applied in this case?
What are the six indicia of the broadening of the Miranda Rights according to US. v. Griffin?
What is the test to determine if the confession is voluntary or not?
Surveillance/Recording of Communications
Rules on the Anti-Terrorism Act of twenty twenty
Application for Surveillance Order
Content and Validity of Surveillance Order Specifies:
Custody and Admissibility of Evidence
Cases Under Surveillance/Recording of Communications
U.S. versus WHITE, four hundred one U.S. seven hundred forty-five (nineteen seventy-one)
SPS. Hing versus Choachuy
Authority of Law Enforcement Officers
Rule one hundred thirteen, Revised Rules on Criminal Procedure
Rule one hundred thirteen, Revised Rules on Criminal Procedure
If Arrest Has Occurred When a crime has already been committed:
Effect of Illegal Arrest on Evidence The legality of an arrest becomes crucial when:
Writ of Amparo What is a Writ of Amparo?
Scope of the Writ of Amparo
Cases Under Arrest - General Concepts
Two. Procedure for issuance of warrant of arrest
Three. Warrantless Arrests.
Cases Under In Flagrante Delicto.
ISSUE: WIN the search conducted by the military without a warrant was legal - NO.
ISSUE: WIN the prosecution's evidence is inadmissible due to being the result of an unlawful arrest? - NO.
ISSUE: W/N there a valid warrantless arrest? - YES.
DOCTRINE: A valid buy-bust operation justifies warrantless arrest and search when the accused is caught in the act.
ISSUE: W/N there was a valid warrantless arrest? - YES.
CLASS NOTES: (from Topic Note-Takers) Objective test
Elements of a Valid "Hot Pursuit" Arrest
b. Personal Knowledge of Facts or Circumstances
Distinction from In Flagrante Delicto Arrest
CLASS NOTES: (from Topic Note-Takers)
CLASS NOTES: (from Topic Note-Takers)
· People versus Mateo: Intermediate Appeal
People versus Mengote of Monendo doctrine
CLASS NOTES: (from Topic Note-Takers)
· Rule one hundred thirteen, Section five
CLASS NOTES: (from Topic Note-Takers)
B. nineteen forty rules of court and nineteen sixty-four Rules of Court
C. Nineteen eighty-five Rules of Court
Rule one hundred twenty-six, Revised Rules on Criminal Procedure (two thousand)
A.M. No. zero eight one six SC dated twenty-two January two thousand eight, Rule on the Writ of Habeas Data
Art. three, Section three, Constitution
Art. three Section twelve, Constitution
applicant Name five A APC
One. Prohibition of Unauthorized Interception
Two. Judicial Authorization as an Exception
Three. Exclusion of Illegally Obtained Evidence
Section two (d), R.A. eight four nine three or the Speedy Trial Act
Art. one hundred twenty-eight to one hundred thirty, Revised Penal Code
Art. two hundred six, Revised Penal Code
People versus Bongcarawan
Two. Procedure for issuance of search warrant
Silva versus Honorable Presiding Judge of RTC, Negros Oriental.
DOCTRINE: The following are required in determining the existence of probable cause for the issuance of a search warrant:
Paper Industries Corp. v. Asuncion
DOCTRINE: In terms of conflict between the two, it is the content of the warrant that controls over the caption.
One. WON the search warrant was valid - PARTLY YES
Three. WON undue and unnecessary force was employed by the searching party in effecting the raid - NO
Two. The seizure of the marijuana without a warrant was not in accordance with allowed exceptions:
RULING: SC dismissed petition, upholding the warrants and denial of the motion to quash.
CLASS NOTES: (from Topic Note-Takers)
Application of Marcelo case:
Three. Warrantless Searches
CASES UNDER MOVING VEHICLES
ISSUE: Whether the lumber was inadmissible as evidence for being fruits of an illegal search and seizure?
Caballes versus CA two thousand two
U.S. versus Chadwick nineteen seventy-seven
People versus Mariacos twenty ten
ISSUE: Was the search valid? - YES.
Exceptions: Package Proclaims Its Contents
Traffic Violation Example
"Inadvertence" Requirement under the Plain View Doctrine
. When the Plain View Doctrine Does NOT Apply
"Immediately Apparent" Requirement Under The Plain View Doctrine
DOCTRINE: The plain view doctrine applies the two-pronged test:
Arizona v. Hicks nineteen eighty-seven
DOCTRINE: The lack of probable cause taints the application of the plain view doctrine.
Horton v. California nineteen ninety
People v. Musa nineteen ninety-three
People v. Doria nineteen ninety-nine
Valeroso versus CA two thousand nine
Elements of the plain view doctrine
DOCTRINE: Elements of Plain view doctrine:
Cases Under Waiver or Consented Searches
Criteria to determine if there was a valid waiver or consent
Bumper versus North Carolina