June 23, 2016 Part 2

Trial includes the prosecution and the defense- counsels from the PAO or a private lawyer
Judicial sector: decides the case
Acquittal: accused goes back to the community
Conviction: accused to serve the punishment/penalty (intended to punish and correct; involves PENAL AND
CORRECTIONAL sector )
Once accused has fully served/ has been pardoned/ granted amnesty- he goes back to the community

Remember the 5 main pillars of the CRIMINAL JUSTICE SYSTEM:

Law Enforcement- non-judicial
Prosecution- non-judicial
Judicial
Penal and Correctional
Community

Criminal action follows two main stages: Judicial and the Non-judicial stage
Non-judicial stage (Preparatory stage): processes that can happen governed by the rules of CRIM PRO before the case is
filed in court

Crime was committed but No warrantless arrest: [no in flagrante delicto, no hot pursuit, accused was identified days after]
Police can apply the search warrant, implement the warrant, gather evidence, file a case in court

Custodial investigation: suspect arrested without a warrant- questioning initiated by law enforcement officer directed upon
a person who has been taken into custody considered to be a suspect of a crime committed and the purpose of the
questioning is to connect him to the crime
Example: nay gipusil- police saw- arrested the person-brought to the station-along the way there is questioning-pila
imu uyab?- was there custodial investigation? NO
But if question tries to illicit from the person a fact which will constitute an element of the crime- CUSTODIAL
INVESTIGATION
Importance of determination: there are already rights that protects persons put under custodial investigation called
MIRANDA RIGHTS

What commences the judicial stage? When the case is submitted to the authority of the court- judicial stage starts done
by filing criminal case in court
* complaint and information are just the forms on what to file in the court for the judicial stage to start

Discussion on sources of obligation: Justice Ingles asked for an example of an obligation based on law: Article 19 CC: Every
person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and
observe honesty and good faith. (Forget everything but not this daw)
Civil Obligation in a Criminal case: an offended party can pursue that civil liability against the accused arising from a crime
committed in the same criminal case. When you file a criminal action, the civil action arising from the crime charged is
deemed instituted.

Who are the parties in criminal case: People v accused (crime is a violation against the state; party in interest
will be the State; Purpose of criminal action is to punish)

Who are the parties in civil case arising from crime: Offended party (plaintiff) vs. Accused (defendant)
Remember: not all criminal cases have an offended private party like illegal possession of dangerous drugs

Once complaint is filed: Next Step will be to determine probable cause (purpose: for issuing a warrant of arrest)

Why should there be an arrest? So that the court can bind the accused
Filing the case in court- the court acquires jurisdiction over the nature of the case but not automatically bind the person
accused. It must acquire jurisdiction over the person of the accused by doing an arrest.

June 23, 2016 Part 2

Previous warrantless arrest, gi-filan ug information- will there still be a determination of probable cause? YES but not
anymore for the issuance of a warrant but for the issuance of a commitment order to justify the continued detention of
the accused.
Why detain the accused when there is presumption of innocence? For preventive detention- in order to compel the
accused to answer for the crime he/she has allegedly committed- to prevent him from avoiding, escaping from
answering
Punitive detention: the detention becomes a punishment only after there is a judgment of conviction, a penalty
imposed and the accused serves that penalty

Period when he is preventively detained: period is included in the counting of his service of his sentence
If there was bail: mas taas ang pagserve (pero ana si Justice parehas ra man daw ang period na giserve so dili mas taasmas una lng ka nahuman, mas bata-bata ka)

After taking accused into custody: Arraignment

-to inform the accused of the nature and the cause of the accusation against him
-body of information will be read, accused will be asked for his plea (guilty or not guilty)

If plea is GUILTY and offense is NOT a CAPITAL OFFENSE: next step render judgment in so far as criminal
case is concerned
OR if civil action is deemed instituted with the criminal case: next step proceed with the hearing of the civil
action
If plea is not guilty, accused is contesting the charge: next step is the pre-trial conference

Note: after the arrest, before the arraignment there are certain remedies available to the accused:
Suspension of the proceedings
Posting of Bail (before arraignment) (if non-bailable: not automatic ang posting of bail, you would have to apply and it
would have to be heard)
Motion for a bill of particulars-allegation in the info is vague: information charges an offense, there are facts which
constitutes elements only that accused finds them ambiguous and wants to be clarified (ex: on/about ___ - accused
wants to be clarified on the date) (make particular the general)
Motion to conduct a PR usahay dunay info which requires a prior PR but filed without a PR- will that affect jurisdiction
of court? - no, not ground for dismissal. That is only a defect In the procedure
Usahay sad nay PR, pero the accused had no opportunity to challenge the accusation at the PR
there is a subpoena issued on accused but he/she has already transferred.

stage-

example

Pagserve sa subpoena, sheriff cannot locate accused returns to the court and report subpoena cannot
be
served. Prosecutor moves to proceed to the PR, information is filed in court, the accused is arrested then
complains
there
was no PR remedy: ask for a re-investigation

Motion to quash information- disregard the information based on defects in the information or jurisdiction of the court
(wrong venue, question territorial jurisdiction etc.,)

June 23, 2016 Part 2