CRIMINAL PROCEDURE BLOCK NOTES

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CRIMINAL PROCEDURE BLOCK NOTES

Official Block Notes for the LAW one hundred twenty-four: Criminal Procedure Midterm Examination for the second semester, A.Y. twenty twenty-five to twenty twenty-six

UP Diliman College of Law Block two-EVE two twenty-nine

JURISDICTION

Jurisdiction over the subject matter

Jurisdiction over the person of the accused

Cases Under Jurisdiction

When offense has just been committed thirty-six

SEARCH AND SEIZURE

General Concepts

Procedure for issuance of search warrant

Warrantless Searches

Cases Under Moving Vehicles

Plain view

Waiver or consented searches

JURISDICTION

One. Jurisdiction over the subject matter

Three. Jurisdiction over the territory

Definition

How Conferred

Limitation

Two. Jurisdiction over the person of the accused [Riano]

Voluntary Submission

In Custody of Law

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

Original

Appellate A.M. Number zero two six zero seven-SB dated twenty-eight August two thousand two

Rule ten

CALL Family count RTC

Rule on Children in Conflict with the Law

IP Realt

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)

CASES UNDER JURISDICTION

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

Nature of BP twenty-two

Appeals and Remedies

Effect of Appeal in Criminal Cases

People v. Lagon, one hundred eighty-five SCRA four hundred forty-two, nineteen ninety

Distinction

CLASS NOTES:

POLICE INVESTIGATION

SECTION THREE.

SECTION TWELVE.

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

CLASS NOTES:

Article three, Section twelve

Article three, Section seventeen

Article three, Section twenty-one

Custodial Investigation

Miranda Rights:

Confession

Admission

U S versus Wade, three hundred eighty-eight U S two hundred eighteen, nineteen sixty-nine

CLASS NOTES:

Orozco v. Texas, three hundred ninety-four U.S. three hundred twenty-four (nineteen sixty-nine)

CLASS NOTES:

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:

CLASS NOTES:

People versus Andan, two hundred sixty-nine S C R A ninety-five nineteen ninety-seven

CLASS NOTES:

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

CLASS NOTES:

Distinction between confession and admission:

CLASS NOTES:

Exclusionary rule/"Fruit of the Poisonous Tree" doctrine

Exclusionary Rule

Fruit of the Poisonous Tree Doctrine

Cases Under Exclusionary rule/"Fruit of the Poisonous Tree" Doctrine

CLASS NOTES:

PEOPLE versus ALICANDO

CLASS NOTES:

What should characterize the arraignment to be valid?

PEOPLE V. JANUARIO

Are there any instances where an initially invalid admission because of the poisonous tree can become valid later?

PEOPLE V. SAMONTAÑEZ

CLASS NOTES On automatic review by the SC

On re-arraignment

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?

PEOPLE V. MOJELLO

CLASS NOTES

What is the test to determine if the confession is voluntary or not?

HO WAI PANG V. PEOPLE

CLASS NOTES:

Surveillance/Recording of Communications

Rules on the Anti-Terrorism Act of twenty twenty

Scope of Surveillance

Application for Surveillance Order

Court Procedure

Content and Validity of Surveillance Order Specifies:

Custody and Admissibility of Evidence

Cases Under Surveillance/Recording of Communications

CLASS NOTES:

KATZ versus U.S

CLASS NOTES:

U.S. versus WHITE, four hundred one U.S. seven hundred forty-five (nineteen seventy-one)

CLASS NOTES:

U.S. versus Knotts

CLASS NOTES:

SPS. Hing versus Choachuy

CLASS NOTES:

ARREST

Authority of Law Enforcement Officers

Rule one hundred thirteen, Revised Rules on Criminal Procedure

Remember:

If Arrest Has Occurred When a crime has already been committed:

If No Arrest Occurred

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

CLASS NOTES:

Two. Procedure for issuance of warrant of arrest

CLASS NOTES:

Pangandaman

CLASS NOTES:

Three. Warrantless Arrests.

IN FLAGRANTE DELICTO

Examples:

LIBANotes

Cases Under In Flagrante Delicto.

CLASS NOTES:

ISSUE: WIN the search conducted by the military without a warrant was legal - NO.

CLASS NOTES:

ISSUE: WIN the prosecution's evidence is inadmissible due to being the result of an unlawful arrest? - NO.

CLASS NOTES:

ISSUE: W/N there a valid warrantless arrest? - YES.

CLASS NOTES:

DOCTRINE: A valid buy-bust operation justifies warrantless arrest and search when the accused is caught in the act.

PROCEDURAL POSTURE:

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

a. Probable Cause

b. Personal Knowledge of Facts or Circumstances

Distinction from In Flagrante Delicto Arrest

Cases Under Hot Pursuit

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

Pestilos versus Generoso

CLASS NOTES: (from Topic Note-Takers)

A. BEFORE nineteen forty

B. nineteen forty rules of court and nineteen sixty-four Rules of Court

C. Nineteen eighty-five Rules of Court

Instances

Consequences

SEARCH AND SEIZURE

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

B. Laws

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

One. Generally

CLASS NOTES:

People versus Marti

CLASS NOTES:

People versus Bongcarawan

U.S. versus Place.

CLASS NOTES:

Two. Procedure for issuance of search warrant

CLASS NOTES:

Silva versus Honorable Presiding Judge of RTC, Negros Oriental.

CLASS NOTES:

People versus Mamaril.

DOCTRINE: The following are required in determining the existence of probable cause for the issuance of a search warrant:

CLASS NOTES:

DOCTRINE:

CLASS NOTES:

Groh versus Ramirez.

CLASS NOTES:

Paper Industries Corp. v. Asuncion

CLASS NOTES:

People v. Dichoso

ISSUES:

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:

DOCTRINE:

CLASS NOTES:

ISSUES:

RULING: SC dismissed petition, upholding the warrants and denial of the motion to quash.

CLASS NOTES: (from Topic Note-Takers)

ISSUES:

RATIO:

CLASS NOTES:

Main issue/s:

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?

CLASS NOTES:

Caballes versus CA two thousand two

CLASS NOTES:

U.S. versus Chadwick nineteen seventy-seven

CLASS NOTES:

DOG SNIFFS

People versus Mariacos twenty ten

ISSUE: Was the search valid? - YES.

CLASS NOTES:

b. Plain view

Requisites

Closed Package Rule

Exceptions: Package Proclaims Its Contents

Traffic Violation Example

Search Warrant Example

"Inadvertence" Requirement under the Plain View Doctrine

. When the Plain View Doctrine Does NOT Apply

"Immediately Apparent" Requirement Under The Plain View Doctrine

U.S. v. Gray

DOCTRINE: The plain view doctrine applies the two-pronged test:

CLASS NOTES:

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

CLASS NOTES:

People v. Doria nineteen ninety-nine

Valeroso versus CA two thousand nine

CLASS NOTES:

Miclat, Jr. v. People

Elements of the plain view doctrine

DOCTRINE: Elements of Plain view doctrine:

CLASS NOTES:

Cases Under Waiver or Consented Searches

CLASS NOTES:

Criteria to determine if there was a valid waiver or consent

U.S. v. Matlock

CLASS NOTES:

Bumper versus North Carolina

CLASS NOTES:

Overview

The notes serve as an educational resource for law students focusing on criminal procedure, outlining essential concepts and relevant case law. They cover jurisdictional aspects and procedural laws concerning criminal cases.

Key Points

1Comprehensive overview of jurisdiction concepts in criminal law
2Detailed cases under search and seizure laws provided
3Examination preparation for A.Y. 2025-2026 at UP Diliman
4Emphasizes importance of jurisdiction in criminal proceedings
5Summarizes key legal precedents and their implications

Details

Category: Law and Legal Studies

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