ARREST

WARRANT OF ARREST WARRANTLESS ARREST

Rule 113, Sec. 5, Rules of Court

Arresting officer shall inform arrestee of (a)
fact that warrant has been issued for his ar-
rest and (b) cause of arrest
No need to inform when arrestee (a) flees, (b)
forcibly resists and (c) giving such info would
imperil arrest
Arresting officer/ citizen shall inform ar-
restee (a) his authority and (b) cause of ar-
rest
No need to inform when arrestee (a) is
engaged in commission of crime; (b) is
pursued immediately after its commis-
sion; (c) has escaped/flees; (d) forcibly re-
sists; and (e) giving such info would im-
peril arrest

PROCEEDINGS AFTER ARREST

Custo- Motion to conduct Arraign- Motion to suspend Bail

dial in- preliminary investiga- ment proceedings due to (Rule
vestiga tion/ reinvestigation and pre-judicial ques- 114)
tion (Rule 112 Sec. 7, Par. 3) plea tion (Rule 11)

PRE-TRIAL

Present in trial TRIAL Trial in Absentia

RIGHTS OF ACCUSED
1. DUE PROCESS 6. RIGHT TO HAVE COMPULSORY PROCESS
2. AGAINST SELFINCRIMINATION 7. NO PROHIBITED PUNISHMENTS
3. PRESUMPTION OF INNOCENCE 8. SPEEDY, IMPARTIAL & PUBLIC TRIAL
4. RIGHT TO BE HEARD 9. TO APPEAL WHEN ALLOWED BY LAW
5. RIGHT TO BE INFORMED OF 10. RIGHT TO COUNSEL
NATURE & CAUSE OF ACCUSATION 11. RIGHT OF CONFRONTATION

JUDGMENT

APPEAL OR NEW TRIAL OR RECONSIDERATION

The rule on double jeopardy shall not be violated

1) Valid complaint/information 3) Valid plea
2) Competent court 4) Termination of case

END OF CASE
 SEARCH & SEIZURE
SEARCH WARRANT WARRANTLESS SEARCH

REQUISITES
1)EXISTENCE OF PROBABLE CAUSE
2) DETERMINATION OF PROBABLE CAUSE
3)EXAMINATION OF APPLICANT
4)PARTICULARITY OF DESCRIPTION
REQUISITES
1)SEARCH INCIDENTAL TO LAWFUL AR-
REST
2) EVIDENCE IN PLAIN VIEW
3) CUSTOM AND MILITARY SEARCH
4)SEARCH IN CHECKPOINT

PROPERTY SUBJECT TO SEIZURE

PROPERTY PROPERTY STOLEN/ EM- PROPERTY USED/ INTENDED

SUBJECT OF BEZZLED & OTHER PRO- TO BE USED AS A MEANS OF
OFFENSE CEEDS/ FRUITS OF OFFERS COMMITTING OFFENSE

DUTY OF SEARCHING OFFICER

Officer can break Give re- Search must Deliver property seized
door/window to ceipt for be made in to judge who issued
effect search property the pres- warrant/ court having
when: seized ence of: proper jurisdiction

He is refused ad- 1) Lawful occupant

mittance 2) Any member of the family
3) Two witness of sufficient
age and discretion residing
in same location