Introduction to Phulippine

Criminal Justice System

By: Edward Maglucot, RCRIM, LLB, PHD

Correction

Court

prosecution

Law Enforcement

Community
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 Copyrighted by the Author and Rizwoods Colleges

All Rights Reserve. No part of this book may be reproduced or utilized in any
form or by any means, electronic or mechanical, including copying, recording,
storage in any informational retrieval system, without permission in writing from the
Author and Rizwoods Colleges.

Any unauthorized photocopying, reproduction or dissemination of any portion of

this book shall be prosecuted under Republic Act No. 8293 or  "Intellectual Property
Code of the Philippines".

This module shall be used only by the students of Rizwoods Colleges as we

adopt the “new normal” in Philippine Educational System.

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 TABLE OF CONTENTS

CHAPTER I Introduction 1

CHAPTER II Law Enforcement Pillar: The Prime Mover 7

LESSON 1 Law Enforcement Agencies 7
LESSON 2 Arrest 10
LESSON 3 Bail 19
LESSON 4 Search and Seizure 22

CHAPTER III Prosecution Pillar 30

LESSON 1 Prosecution Bureau 30
LESSON 2 How to Prosecute Offenses 33
LESSON 3 Katarungang Pambarangay 41

CHPTER IV Court Pillar 46

LESSON 1 Jurisdiction and Venue 48
LESSON 2 Arraignment and Plea 51
LESSON 3 Motion to Quash 54
LESSON 4 Rights of the Accused 57
LESSON 5 Pre-trial 58
LESSON 6 Trial 59
LESSON 7 Judgment 61
LESSON 8 Post Judgment Remedies 64

CHAPTER V Correction Pillar 66

LESSON 1 Principles of Correction 66
LESSON 2 National Penitentiary of the Philippines 69
LESSON 2 Non-Institutional Correction 71

CHAPTER VI Community Pillar 76

CHAPTER VII Pertinent Laws

A. RA 10389 “Recognizance Act of 2012″ 77
B. RA 8551 “Philippine National Police Reform
and Reorganization Act of 1998” 82
C. RA 9263 “Bureau of Fire Protection and Bureau of Jail
Management and Penology Professionalization Act of 2004" 92 
D. RA 10575 “The Bureau of Corrections Act of 2013″ 95
E. RA 9999 "Free Legal Assistance Act of 2010" 99

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 CHAPTER I
INTRODUCTION

Notion of Justice

Justice is a social norm providing guidance for people in their dealings with
one another; as a standard against which actions are evaluated; and as a
prescription for requirement that people act justly. The criminal justice system is
intended to deal with crime. It is expected to do so by applying the law and
producing results that approximate justice. Indeed, justice is the primary output of
the system and the bottom line of the process.

Succinctly, the Philippine Constitution says “the State shall promote social
justice in all phases of national development and values the dignity of every human
person and guarantees full respect for human rights (Article II, Sections 10 and 11).
Furthermore the Constitution mandated for the Congress to give highest priority to
the enactment of measures that protect and enhance the right of all the people to
human dignity, reduce social, economic, and political inequalities, and remove
cultural inequities by equitably diffusing wealth and political power for the common
good. (Article XIII, Section 14)

The Supreme Court has once defined social justice as the humanization of
laws and the equalization of social and economic forces by the State so that justice in
its rational and objectively secular conception may at least be approximated. Social
justice means the promotion of the welfare of all the people, the adoption by the
government of measures calculated to insure economic stability of all the component
elements of society under the time honored principle of salus populi est suprema lex
(the voice of the people is the supreme law) (Calalang vs. Williams). In another case
of Guido vs. Rural Progress Administration, the high court delineate social justice as
the equality of opportunity, equality of political rights, equality before the laws,
equality between values given and received and equitable sharing of the social and
material goods pursuant to the principle those with less in life must have more in law.

On the other hand, the new civil code also provides “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.” (Article 19)

Law as Instrument of Justice

Law is a major input to the criminal justice system. Law is society’s primary
instrument for making known what acts are crimes and what sanctions may be
applied to those who commit acts defined as crimes. As Roman Law describe it
“Nullum Crimen Nulla Poena Sine Lege” or there is no crime if there is no law
punishing it. While the Bill of Rights under the Constitution provides that no person
shall be deprived of life, liberty, or property without due process of law, nor shall any
person be denied the equal protection of the laws.

Sanchez Roman defined law a rule of conduct, just, obligatory, promulgated

by legitimate authority and of common observance and benefit. It is applied in the
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legal principle “dura lex sed lex” which means the law may be harshed but that is the
law.

Classification of Law

1. Natural Law –promulgated impliedly in our conscience and body.

2. Positive Law- promulgated expressly or directly.
Example:
a. Divine Positive Law-e.g. the 10 Commandments
b. Human Positive Law- e.g. enacted by Congress

Human Positive Law- is a reasonable rule of action, expressly or directly

promulgated by competent human authority for the common good and usually,
but not necessarily, imposing a sanction in case of disobedience. (Paras,
2002)

General Classification of Human Positive Law

1. Substantive Law- is that part of the law which creates rights concerning life,
liberty or property or the powers of instrumentalities for the administration of
public affairs. (Primicias vs. Ocampo)

Examples of Substantive Law

a. Commonwealth Act (CA)- promulgated during Commonwealth Period
b. Batas Pambansa (BP) – promulgated during Parliamentary Form of
Government
c. Presidential Decree (PD)- promulgated during Martial Law Period
d. Executive Order (EO)- promulgated during Freedom Government
e. Republic Act (RA)- promulgated after the Independence up to the present
period

2. Procedural Law- refers to the adjective laws which prescribe rules and forms
of procedure in order that courts may be able to administer justice (Lopez vs.
Gloria)

Examples of Procedural Law

a. Rules of Court
b. Katarungang Pambarangay System
c. Alternative Dispute Resolution

Specific Types of Human Positive Law

1. Civil Law is that branch of the law that generally treats of the personal and
family relations of an individual, his property and successional rights and the
effects of his obligations and contracts. (Paras, 2002)

Examples of Civil Law:

a. Republic Act 386 (Civil Code of the Philippines)
b. PD 1083 (The Muslim Code)
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 c. Executive Order No. 209 (Family code of the Philippines)

2. Criminal Law- is that branch or division of law which defines crimes, treats of
their nature and provides for their punishment. (Reyes, 2008)

Sources of Criminal Law

a. Act No. 3815 (The Revised Penal Code)
b. Special Penal Laws passed by Congress- e.g. RA 9165 (Comprehensive
Dangerous Drugs Act)
c. Penal Presidential Decrees- e.g. PD 1612 (Anti-fencing Law)

3. Remedial Law- is that branch of law which provides for the jurisdiction of
courts and the rules concerning pleading, practice and procedure before the
courts.

Examples of Remedial Law

a. BP 129 (as amended) – The Judiciary Reorganization Act

b. Revised Rules on Criminal Procedure
c. Rules on Evidence

Criminal Procedure- refers to the method fixed by law for the apprehension and
prosecution of a person who is suspected to have committed a crime and for his
punishment in case of conviction. (Atty. Gabao, 2013)

Characteristics of Law in the Philippines

Republic Act 386 otherwise known as the New Civil Code the following
characteristics of law :

1. Laws shall take effect after fifteen days following the completion of their
publication in the Official Gazette, unless it is otherwise provided. This Code
shall take effect one year after such publication. (Article 2)

2. Ignorance of the law excuses no one from compliance therewith. (Article 3)

3. Laws shall have no retroactive effect, unless the contrary is provided. (Article
4)
4. Acts executed against the provisions of mandatory or prohibitory laws shall be
void, except when the law itself authorizes their validity. (Article 5)

5. Rights may be waived, unless the waiver is contrary to law, public order, public
policy, morals, or good customs, or prejudicial to a third person with a right
recognized by law. (Article 6)

6. Laws are repealed only by subsequent ones, and their violation or non-
observance shall not be excused by disuse, or custom or practice to the
contrary.

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 When the courts declared a law to be inconsistent with the Constitution,
the former shall be void and the latter shall govern. Administrative or
executive acts, orders and regulations shall be valid only when they are not
contrary to the laws or the Constitution. (Article 7)

7. Judicial decisions applying or interpreting the laws or the Constitution shall

form a part of the legal system of the Philippines. (Article 8)

8. No judge or court shall decline to render judgment by reason of the silence,

obscurity or insufficiency of the laws. (Article 9)

9. In case of doubt in the interpretation or application of laws, it is presumed that

the lawmaking body intended right and justice to prevail. (Article 10)

10. Customs which are contrary to law, public order or public policy shall not be
countenanced. (Article 11)

11. A custom must be proved as a fact, according to the rules of evidence. (Article
12)
12. When the laws speak of years, months, days or nights, it shall be understood
that years are of three hundred sixty-five days each; months, of thirty days;
days, of twenty-four hours; and nights from sunset to sunrise.

If months are designated by their name, they shall be computed by the

number of days which they respectively have. In computing a period, the first
day shall be excluded, and the last day included. (Article 13)

13. Penal laws and those of public security and safety shall be obligatory upon all
who live or sojourn in the Philippine territory, subject to the principles of public
international law and to treaty stipulations. (Article 14)

14. Laws relating to family rights and duties, or to the status, condition and legal
capacity of persons are binding upon citizens of the Philippines, even though
living abroad. (Article 15)

Concept of Philippine Criminal Justice System

Criminal Justice System or simply CJS is the system in the community

charged with direct responsibility for prevention, reduction and control of crime. It is
widely look upon as the conglomeration of government agencies involved in the law
enforcement, prosecution, defense, adjudication, punishment and rehabilitation of all
the means to enforce those standards of conduct, which are deemed necessary to
protect individual and to maintain general community well-being.

As a system, the Criminal Justice System is the machinery which society uses
in the prevention of crime. The process is the totality of the activities of law
enforcers, prosecutors, defense lawyers, judges and correction personnel, as well as
those efforts of the mobilized community in crime prevention and control.

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 According to Tradio, 1996, the Philippine Criminal Justice System is the sum
total of instrumentation which a society uses in the prevention and control of crime
and juvenile delinquency. Its operation includes but is not limited to:

1. Preventing the commission of crime;

2. Enforcing the law;
3. Protecting the life, individual rights and properties;
4. Removing dangerous persons from the community;
5. Deterring people from indulging to criminal activities;
6. Investigating, apprehending, prosecuting, and imposing penalty upon
those who cannot be deterred from violating the laws of the land; and
7. Rehabilitating the offenders and returning them to the main stream of the
community.

In its inception, the system has four separate, formally organized

namely: police, prosecution, courts and corrections. However, in view of the
important role of society in achieving the system’s ideals and objectives, the
community has been included and considered as the fifth component of the entire
criminal justice system.

Legal Principles or Maxims Regarding Crime

1. “Nullum crimen nulla poena sine lege" - There is no crime where no law is
punishing it.
2. "Actus non facit reum, nisi mens rea"- A crime is not committed if the mind of the
person performing the act complained be innocent.
3. "Actus me invito factus, non est meus actus"- An act done by me against my will is
not my act. (Atty. Gabao, 2013)

Concept of Crime

Crime is a voluntary and intentional violation by a legally competent person of

a legal duty that commands or prohibits an act for the protection of society. (Atty.
Gabao, 2013)

Crime is an act committed or omitted in violation of a public law forbidding or

commanding it. (Reyes, 2013)

Criminal Law

Criminal law is defined as that branch of public law, which defines crimes,
treats of their nature, and provides for their punishment.

Basic Principles of Criminal Law

1. "Presumption of Innocence" this means that those who are accused of crimes are
considered innocent until proven guilty. Thus, the accused is entitled to all the rights
of the citizens until the accused’s guilt has been determined by the court of law or by
the accused’s acknowledgment of his guilt that he or she indeed committed the
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crime.

2. “The Burden of Proof” which in criminal cases means that the government must
prove beyond reasonable doubt that the suspect committed the crime. (Atty.
Gabao, 2013)

Nomenclatures to the Person under the Criminal Justice System

They are the following:

1. At the police stage, during investigation, he is referred to as the SUSPECT.

2. At the Prosecutor’s office, during the determination of probable cause or during
the Preliminary Investigation, he is referred to as the RESPONDENT.
3. At the trial of the case, when a case has been filed in Court, he is referred to as
the ACCUSED.
4. Once the court has determined that the accused is guilty beyond reasonable
doubt as charged and the judgment has been rendered, he is referred to as the
CONVICT.
5. It is only upon undergoing all the process when the person has served the
sentence when he can really be considered as a CRIMINAL. (Atty. Gabao, 2013)

Philosophical Approaches behind the Criminal Justice System

1. The adversarial approach assumes innocence. The prosecutor representing

the state must prove the guilt of the accused. The adversary approach requires that
the proper procedures are followed- procedures designed to protect the rights of the
accused.

2. The inquisitorial system assumes guilt; the accused must prove that they are
innocent. This is the opposite of the Adversarial approach. The inquisitorial approach
places a greater emphasis on conviction rather than on the process by which the
conviction is secured. (Atty. Gabao, 2013)

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Exercise No. 1

Student’s Name:
Year and Section:
Instructor:
Date Submitted:

1. Define Justice and explain its importance in the present society.

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2. Give the meaning of the maxim “Nullum Crimen Nulla Poena Sine Lege” and
expound it.
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3. Differentiate Criminal law from Criminal procedure.
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4. In a nutshell, discuss the Philippine Criminal Justice System.
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5. When can you call a person criminal?
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___________________________________________________________________
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Exercise No. 2

Student’s Name:
Year and Section:
Instructor:
Date Submitted:

I. Direction. Encircle the letter of the correct answer.

1. The new civil code provides that every person in the exercise of his rights and in the
performance of his duties must observe the following. The exception is
A. give everyone his due C. observe honesty and good faith
B. act in accordance with the law D. act with justice
2 It is that branch of law which provides for the jurisdiction of courts and the rules concerning
pleading, practice and procedure before the courts.
A. Political Law C. Civil Law
B. Remedial Law D. Criminal Law
3.The State shall promote social justice in all phases of national development and values the
dignity of every human person and guarantees full respect for human rights. The statement
is
A. Wholly true C. Partially False
B. Wholly true D. Partially False
4.It is that part of the law which creates rights concerning life, liberty or property or the
powers of instrumentalities for the administration of public affairs.
A. Substantive Law C. Divine Positive Law
B. Procedural Law D. Human Positive Law
5.It means the humanization of laws and the equalization of social and economic forces by
the State so that justice in its rational and objectively secular conception may at least be
approximated.
A. Justice for All C. Political Justice
B. Justice Delayed Justice Denied D. Social Justice
6.It is that branch of the law that generally treats of the personal and family relations of an
individual, his property and successional rights and the effects of his obligations and
contracts.
A. Political Law C. Civil Law
B. Remedial Law D. Criminal Law
7.Ignorance of the law excuses no one from compliance therewith. The statement is
A. Wholly true C. Partially False
B. Wholly true D. Partially False
8.It is a rule of conduct, just, obligatory, promulgated by legitimate authority and of common
observance and benefit.
A. Social Justice C. Law
B. Political Justice D. Human Positive Law
9.Penal laws and those of public security and safety shall be obligatory upon all who live or
sojourn in the Philippine territory. The exception is
A. treaty stipulations C. foreigners
B. international comity D. President

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10. It is the system in the community charged with direct responsibility for prevention,
reduction and control of crime.
A. Criminal Justice System C. Juvenile Justice and Welfare System
B. Restorative Justice System D. Adult Criminal Justice System

CHAPTER II
LAW ENFORCEMENT PILLAR: The Prime Mover

LESSON 1 LAW ENFORCEMENT AGENCIES

Like all other nations, the Philippines have various law enforcement agencies
to police the country. The purpose of this is to ensure the safety of the people. No
less than the Philippine Constitution provides that the prime duty of the Government
is to serve and protect the people (Article II, Section 4). Further, it provides that the
maintenance of peace and order, the protection of life, liberty, and property, and
promotion of the general welfare are essential for the enjoyment by all the people of
the blessings of democracy. (Article II, Section 5)

Principles of Policing (Sir Robert Peel)

1. The basic mission of the police is to prevent crime and disorder.

2. The ability of the police to perform their duties is dependent upon public approval
of police actions.
3. The degree of co-operation of the public that can be secured diminishes
proportionately to the necessity of the use of physical force.
4. Police use physical force to the extent necessary to secure observance of the law
or to restore orderly only when the exercise of persuasion, advance and warning is
found to be insufficient.
5. Police at all times should maintain a relationship with the public that gives reality to
the historic tradition that the police are the public is the police.
6. The test of the police efficiency is the absence of crime and disorder, not the
visible evidence of police action in dealing with it.

The Evolution of Law Enforcement in the Philippines

Carabineros de Seguridad Publico (Mounted Police)

This was organized in 1712 for the purpose of carrying out the policies of the
Spanish government. Carabineros were armed and considered as the mounted
police. Later they discharged the duties of the port, harbor, and river police.

Guadrilleros

This was a body of rural police organized in each town that was created by the
Royal Decree of January 8, 1836. This police force was composed of 5% of the able-
bodied male inhabitants of each town or province, and each member should serve for
at least 3 years.
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Guardia Civil

This was the police organization created by the Royal Decree issued by the
Spanish Crown government on February 12, 1852. It relieved the Spanish Peninsular
Troops of their works in policing towns. It consisted of a body of Filipino policeman
organized originally in each of the provincial capitals of the central provinces of
Luzon under the command of Alcalde (Governor).
Insular Police Force

It was created on July 18, 1901 by virtue of ACT # 175, titled as “ AN ACT
PROVIDING FOR THE ORGANIZATION AND GOVERNMENT OF AN INSULAR
CONSTABULARY’’.

Philippine Constabulary (PC)

It was formally established on Oct. 3, 1901 by virtue of Act # 255 .Capt. Henry
T. Allen was the 1st Chief of the Philippine Constabulary. The PC was manned
mostly by Filipinos but officers were mostly Americans.

Philippine National Police

The Constitution provides, “The State shall establish and maintain one police
force, which shall be national in scope and civilian in character, to be administered
and controlled by a national police commission (Article 16, Section 6). Hence, RA
6975 also known as Department of Interior and Local Government of 1991 was
passed into law. It abolished the Philippine Constabulary which was under the
Department of National Defense and renamed it as Philippine National Police under
the administrative and operational supervision of the Department of Justice.

The Philippine National Police was initially consist of the members of the
police forces who were integrated into the Integrated National Police (INP) pursuant
to Presidential Decree No. 765, and the officers and enlisted personnel of the
Philippine Constabulary (PC). For purposes of this Act, the officers and enlisted
personnel of the PC shall include those assigned with the Narcotics Command
(NARCOM) or the Criminal Investigation Service (CIS); and those of the technical
services of the AFP assigned with the PC and the civilian operatives of the CIS. The
regular operatives of the abolished NAPOLCOM Inspection, Investigation and
Intelligence Branch was also be absorbed by the PNP. In addition, a PC officer or
enlisted personnel were given an option to transfer to any of the branches or services
of the Armed Forces of the Philippines in accordance with the provisions of Section
85 of the Act.

Section 24. Powers and Functions. — The PNP shall have the following powers and
functions:

(a) Enforce all laws and ordinances relative to the protection of lives and
properties;

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 (b) Maintain peace and order and take all necessary steps to ensure public
safety;
(c) Investigate and prevent crimes, effect the arrest of criminal offenders, bring
offenders to justice and assist in their prosecution;
(d) Exercise the general powers to make arrest, search and seizure in
accordance with the Constitution and pertinent laws;
(e) Detain an arrested person for a period not beyond what is prescribed by
law, informing the person so detained of all his rights under the Constitution;
(f) Issue licenses for the possession of firearms and explosives in accordance
with law;
(g) Supervise and control the training and operations of security agencies and
issue licenses to operate security agencies, and to security guards and private
detectives, for the practice of their professions; and
(h) Perform such other duties and exercise all other functions as may be
provided by law.

Other Law Enforcement Agencies in the Philippines

1. Bureau of Jail Management and Penology (BJMP)- The Jail Bureau exercise
supervision and control over all city and municipal jails. The provincial jails shall be
supervised and controlled by the provincial government within its jurisdiction.

2. Bureau of Fire Protection (BFP)- The Fire Bureau is responsible for the
prevention and suppression of all destructive fires on buildings, houses and other
structures, forest, land transportation vehicles and equipment, ships or vessels
docked at piers or wharves or anchored in major seaports, petroleum industry
installations, plane crashes and other similar incidents, as well as the enforcement of
the Fire Code and other related laws.

3. Philippine Drug Enforcement Agency (PDEA)- it serves as the implementing

arm of the Dangerous Drugs Board, and shall be responsible for the efficient and
effective law enforcement of all the provisions on any dangerous drug and/or
controlled precursor and essential chemical as provided in this Act.

4. National Bureau of Investigation- it was created on November 1938 pursuant

to Act # 181 which required the creation of a Bureau of Investigation. The agency
should is a modification of the Division of Investigation (DI) from the Department of
Justice . Finally, on June 19, 1947, RA 157 was enacted which created the National
Bureau Investigation.

In addition to its normal investigation function, it was oriented towards

providing needed assistance to other law enforcement agencies. The original
important functions of the NBI were:
1. To undertake investigation of crimes and other offenses against the laws of
the Philippines upon its own initiative and as public interest may require;
2. To undertake assistance whenever properly requested in the
investigation/detection of crimes and other offenses;

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 3. To give technical aid to all prosecution and law enforcement offices and
entities of the government as well as to the courts that may request its
services;
4. To act as the national clearing house of criminal data and other information for
the benefit and use of all prosecution and law enforcement entities of the
Philippines, the identification records of all persons without criminal
convictions, records of identifying marks, characteristics and ownership or
possession of all firearms as well as to conduct ballistics tests of bullets fired
there from in the course of criminal investigation;
5. to establish and maintain an up to date scientific crime laboratory and to
conduct research in furtherance of scientific knowledge; and
6. To perform such other functions as the Secretary of Justice may assign.

5. Bureau of Immigration (BI)- is an attached agency under the Department of

Justice, is tasked to enforce the immigration laws of the country. It investigates and
arrests illegal and undocumented aliens, foreign fugitives and criminals operating in
the country.

6. Bureau of Customs(BOC)- is under the Department of Finance is tasked to

enforce customs and tariff duties in all the Philippine airports and seaport nationwide.
It investigates and arrests smugglers and those suspected of violating custom laws.

7. Bureau of Internal Revenue (BIR)- it enforces tax laws and regulations. It

investigates tax evasion cases and arrests similar violators. BIR is under the
Department of Finance.

8. Bureau of Quarantine- is an attached agency under the department of Health. It

is empower to enforce measures to stop, control and monitor the spread of disease
by conducting quarantine on all air seaports across the country.

9. Land Transportation Office (LTO)- it regulates land transportation industry and

enforces transportation laws and regulations. Investigates arrest and prosecutes
‘’colorum’’ or out of the line vehicles.

10. Maritime Industry Authority (MARINA)- regulates the maritime and shipping
industry. It oversees the sea worthiness of all sea-going vessels.

11. Optical Media Board (OMB) formerly known Videogram Regulatory Board, the
OMB operates against the proliferation of fake and pirated VHS DVD, VCD or CD
tapes.

12. Intellectual Property Office (IPO)it is an interagency attached under the

Department of Trade and Industry operates against the intellectual property and
copyright laws.

13. Movie and Television Review and Classification Board (MTRCB)-it operates
against pornography films shown on television and movie houses.

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14. Department of the Environment and Natural Resources (DENR)- it operates
against illegal logging. It investigates and prosecutes counterfeit currency
manufacturers and passers.

15. Intellectual Property Office (IPO)- This Agency is under the Department of
Trade Industry. Its mission to enforce all laws pertaining to the Intellectual property
and apprehend/prosecutes violators thereof.

16. Philippine Coast Guard- it is an armed and uniformed service attached to the
Department of Transportation and Communications (DOTC). However, in times of
war, as declared by Congress it is attached to the Department of National Defense.

Basic Function of Law Enforcers

1. Crime Investigation- It is the police activity directed toward the identification and
apprehension of alleged criminals and the accumulation, preservation, and
presentation of evidence regarding their alleged crimes.

2. Preliminary/ Initial Investigation - is the initial or beginning phase of a systematic

inquiry into an alleged crime. The patrolman should always carry out, or participate in
the preliminary investigation except in those cases where the crime was discovered
long after it was committed. In such instances the investigator could be the one who
conducts both the initial and continuing investigation. The primary responsibility of
the investigating officer are taking care injured persons, arrest or pursue suspects,
protect the crime scene so that physical evidence will not be destroyed or modified.

3. Follow-up Investigation- is an extension, or continuation of the preliminary

investigation. It is necessary to bring a case to a successful conclusion, or to solve
an unsolved case.

4. The Case Preparation- Corpus Delicti( substance or body of the crime) It means
that a specific crime was committed at a specified time, date and place, and that the
person named in his report committed the crime.

5. Crime Prevention- is a primary goal of the police. By definition, it is the

anticipation, the recognition, and the appraisal of a crime risk and the initiation of
action to remove or reduce it.

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Exercise No. 1

Student’s Name:
Year and Section:
Instructor:
Date Submitted:

1. Why is the various law enforcement agencies called “the prime-mover”?

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2. As future law enforcers, discuss the functions of a law enforcer?

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3. Explain the PNP Slogan “to serve and protect?

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4. Succinctly, discuss the Principle of Policing of Sir Robert Peel?

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___________________________________________________________________
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5. Given a chance to join in law enforcement agency, what will you choose and
why.
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Exercise No. 2

Student’s Name:
Year and Section:
Instructor:
Date Submitted:

1. It is responsible for the prevention and suppression of all destructive fires on buildings, houses and other
structures, forest, land transportation vehicles and equipment, ships or vessels docked at piers or wharves or
anchored in major seaports.
A. Department of Inferior and Local Government C. Fire Volunteers
B. Department of National Defense D. Bureau of Fire Protection
2. It is an extension, or continuation of the preliminary investigation. It is necessary to bring a case to a
successful conclusion, or to solve an unsolved case.
A. Follow-up Investigation C. Crime Investigation
B. Preliminary Investigation D. Field Investigation
3. It serves as the implementing arm of the Dangerous Drugs Board, and shall be responsible for the efficient
and effective law enforcement of all the provisions on any dangerous drug and/or controlled precursor and
essential chemical.
A. Narcotics Command C. Philippine Drug Enforcement Agency
B. Special Weapons and Tactics D. Anti-Drugs Special Operations Agency
4. The Bureau of Jail Management and Penology exercises supervision and control over all city and municipal
jails. The provincial jails shall be supervised and controlled by the ________________.
A. Department of Justice C. Bureau of Corrections
B. Provincial Government D. National Government
5. It is the police activity directed toward the identification and apprehension of alleged criminals and the
accumulation, preservation, and presentation of evidence regarding their alleged crimes.
A. Follow-up Investigation C. Crime Investigation
B. Preliminary Investigation D. Field Investigation
6. It is otherwise known as “Philippine National Police Reform and Reorganization Act of 1998”
A. RA 6975 C. RA 9263
B. RA 9165 D. RA 8551
7. What is the highest position in the Philippine National Police?
A. Chief of Police C. Chief of Staff
B. Chief of PNP D. Chief Directorial Staff
8. It was formally established on Oct. 03, 1901 by virtue of Act # 255. Capt. Henry T. Allenwas the 1 st Chief of this
Law Enforcement Agency. It was manned mostly by Filipinos but officers were mostly Americans.
A. Insular Police Force C. Philippine Constabulary
18
B. National Bureau of Investigation D. Philippine National Police
9. Police use physical force to the extent necessary to secure observance of the law or to restore orderly
A. when the exercise of persuasion, advance and warning is found to be insufficient
B. when the exercise of discretion and good faith is already exhausted
C. when absolutely necessary in the interest of justice
D. when public order is at stake and no other speedy and efficient means that can be employed
10. The primary responsibility of the investigating officer are the following. The exception is
A. taking care of injured persons
B. arrest or pursue suspects
C. serve warrant of arrest and conduct thorough search
D. protect the crime scene so that physical evidence will not be destroyed or modified

LESSON 2
ARREST

Arrest is the taking of a person into custody in order that he may be bound to
answer for the commission of an offense. 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. (Rule 113, Section 1)

Requisites for arrest warrant to be issued by an RTC judge under Sec. 5, Rule 112:

1) Within 10 days from the filing of the complaint or information;

2) The judge shall personally evaluate the resolution of the prosecutor and its
supporting evidence;
3) If he finds probable cause, he shall issue a warrant of arrest or commitment order;
4) In case of doubt on the existence of probable cause
a. The judge may order the prosecutor to present additional evidence within 5
days from notice; and
b. The issue must be resolved by the court within 30 days from the filing of the
complaint of information.

Commitment Order and Mittimus

A commitment order is a written order of a court or authority consigning a

person to jail or prison for detention. (Atty. Gabao, 2013)

Mittimus is a warrant issued by a court bearing its seal and the signature of
the judge directing the jail or prison authorities to receive the convicted offender for
service of sentence. (Atty. Gabao, 2013)

Execution of warrant

The head of the office to whom the warrant of arrest was delivered for
execution shall cause the warrant to be executed within ten (10) days from its receipt.
Within ten (10) days after the expiration of the period, the officer to whom it was
assigned for execution shall make a report to the judge who issued the warrant. In

19
case of his failure to execute the warrant, he shall state the reasons therefor. (Rule
113, Section 4)

Time of making arrest. — An arrest may be made on any day and at any time of the
day or night. (Rule 113, Section 6)

Duty of arresting officer — It shall be the duty of the officer executing the warrant to
arrest the accused and to deliver him to the nearest police station or jail without
unnecessary delay. (Rule 113, Section 3)

Method of Arrest

1. Method of arrest by officer by virtue of warrant- The officer shall inform the
person to be arrested of the cause of the arrest and the fact that a warrant has been
issued for his arrest. (Rule 113, Section 7)

Exceptions:
1. when he flees or forcibly resists before the officer has opportunity to so inform
him
2. when the giving of such information will imperil the arrest.

N.B. The officer need not have the warrant in his possession at the time of the arrest
but after the arrest, if the person arrested so requires, the warrant shall be shown to
him as soon as practicable. (Rule 113, Section 7)

2. Method of arrest by officer without warrant- The officer shall inform the person
to be arrested of his authority and the cause of the arrest. (Rule 113, Section 8)

Exceptions:
1. The person to be arrested is engaged in the commission of an offense
2. The person to be arrested is pursued immediately after its commission
3. The person to be arrested has escaped, flees or forcibly resists before the
officer has opportunity to so inform him
4. when the giving of such information will imperil the arrest.

3. Method of arrest by private person- A private person shall inform the person to
be arrested of the intention to arrest him and cause of the arrest. (Rule 113, Section
9)

Exceptions:
1. The person to be arrested is engaged in the commission of an offense
2. The person to be arrested is pursued immediately after its commission
3. The person to be arrested has escaped, flees or forcibly resists before the
officer has opportunity to so inform him
4. when the giving of such information will imperil the arrest.
20
Warrantless Arrest (Rule 113, Section 5)

1) When, in his presence, the person to be arrested has committed, is actually

committing, or is attempting to commit an offense otherwise known as “in flagrante
delicto arrest”. (Rule 113, Section 5 (a))

Example: Buy-bust operation” is also known in legal and police parlance as a form
of “entrapment. This simply means that ways and means are resorted to by the police
officers in order to catch a law violator as distinguished from “instigation” wherein the
police basically induced the person into committing a crime. (Atty. Gabao, 2013)

ILLUSTRATION

FACTS: The Western Police District received a telephone call from an informer that
there were three suspicious-looking persons at the corner of Juan Luna and North
Bay Boulevard in Tondo, Manila. The Police saw two men "looking from side to
side," one of whom was holding his abdomen. They approached these persons and
identified themselves as policemen, whereupon the two tried to run away but were
unable to escape because the other lawmen had surrounded them. The suspects
were then searched and a caliber .38 revolver was recovered from Dennis. Was the
arrest proper?

ANSWER: No, the arrest was not proper because the suspect was not actually
committing nor attempting to commit a crime. An act of a person of looking side by
side and holding his abdomen is not a crime, hence, the arrest is invalid. (People vs.
Mengote)

2) When an offense has just been committed and he has probable cause to believe
based on his personal knowledge of facts or circumstances that the person to be
arrested has committed the crime otherwise known as “hot pursuit doctrine”. (Rule
113, Section 5 (b))

3) 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. (Rule 113, Section 5 (c))

4) If a person lawfully arrested escapes or is rescued, any person may immediately

pursue or retake him without a warrant at any time and in any place within the
Philippines. (Rule 113, Section 13)

5) When the bondsmen arrests a prisoner out on bail for the purpose of bringing him
to court; (Rule 114, Section 23)

21
6) Where the accused attempts to leave the country without the permission of the
court. (Rule 114, Section 23)

ILLUSTRATION:

Facts: Inspector Zenigata who were on patrol received a radio call from their camp
directing them to proceed to the place of shooting. The police immediately
proceeded to the place indicated and upon arriving there, the found the body of the
victim. The bystanders pointed to the Lupin III as the one who had shot the victim.
The police then arrested the accused. Was there a valid warrantless arrest?

Answer: Yes, the arrest was valid. The arresting officer acted on the basis of
personal knowledge of the death of the victim and the facts indicating that the
accused was the culprit and the crime has just been committed.

Right of officer to break into building or enclosure — An officer, in order to make

an arrest either by virtue of a warrant, or without a warrant as provided in section 5,
may break into any building or enclosure where the person to be arrested is or is
reasonably believed to be, if he is refused admittance thereto, after announcing his
authority and purpose. (Rule 113, Section 11)

Right to break out from building or enclosure. — Whenever an officer has

entered the building or enclosure in accordance with the preceding section, he may
break out therefrom when necessary to liberate himself. (Rule 113, Section 12)

Custodial Investigation (RA 7438)

The right to custodial investigation begins only when the investigation is no

longer a general inquiry into an unsolved crime but has begun to focus on a particular
suspect, the suspect has been taken into police custody, the police carry out a
process of interrogations that lends itself to eliciting incriminating statements.

It has extended to situations in which an individual has not been formally

arrested but has merely been “invited” for questioning. The following are the rights of
persons arrested, detained or under custodial investigation as provided in RA 7438˸

1) To be assisted by counsel at all times;

2) Shall be informed, in a language known to and understood by him, of his right to

remain silent and to have competent and independent counsel, preferably of his own
choice, who shall at all times be allowed to confer privately with him; (Miranda
Doctrine)

3) The custodial investigation report shall be read and adequately explained to him
by his counsel or by the assisting counsel in the language or dialect known him;
otherwise, such investigation report shall be null and void;

4) Any extrajudicial confession made by him shall be in writing and signed in the
presence of his counsel or upon a valid waiver, and in the presence of his any
22
immediate family members, otherwise, such extrajudicial confession shall be
inadmissible in any proceeding;

5) Any waiver under the provisions of Art. 125 of the RPC or under custodial
investigation, shall be in writing signed by such person in the presence of his
counsel; otherwise such waiver shall be null and void and of no effect;

6) Shall be allowed visits by his or conferences with any member of his immediate
family, or any medical doctor or priest or religious minister chosen by him or by his
counsel, or by any national NGO duly accredited by the Office of the President.

ILLUSTRATION

Facts: Ussop was arrested for the alleged murder of a 6-year old lad. He was read
his Miranda rights immediately upon being apprehended. In the course of his
detention, Ussop was subjected to three hours of non-stop interrogation. He
remained quiet until, on the 3rd hour, he answered “yes” to the question of whether
“he prayed for forgiveness for shooting down the boy.” The trial court, interpreting
Ussop’s answer as an admission of guilt, convicted him. Was the conviction proper?

Answer: No, the conviction is not proper. There has been no express waiver of
Ussop’s Miranda rights. In order to have a valid waiver of Miranda rights, the same
must be in writing and made in the presence of his counsel. The uncounselled
extrajudicial confession of X being without a valid waiver of his Miranda rights is
inadmissible.

Kinds of Arbitrary Detention

1. Arbitrary Detention

Any public officer or employee who, without legal grounds, detains a person,
shall suffer;
1. The penalty of arresto mayor in its maximum period to prision correccional
in its minimum period, if the detention has not exceeded three days;
2. The penalty of prision correccional in its medium and maximum periods, if
the detention has continued more than three but not more than fifteen days;
3. The penalty of prision mayor, if the detention has continued for more than
fifteen days but not more than six months; and
4. That of reclusion temporal, if the detention shall have exceeded six months.
The commission of a crime, or violent insanity or any other ailment requiring the
compulsory confinement of the patient in a hospital, shall be considered legal
grounds for the detention of any person. (Article 124 of the Revised Penal Code)

2. 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
23
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. (Article 125 of the Revised Penal Code)

3. Delaying release

The penalties provided for in Article 124 shall be imposed upon any public
officer or employee who delays for the period of time specified therein the
performance of any judicial or executive order for the release of a prisoner or
detention prisoner, or unduly delays the service of the notice of such order to said
prisoner or the proceedings upon any petition for the liberation of such person.

Period of Detention Without Judicial Warrant of Arrest for Terrorism

The provisions of Article 125 of the Revised Penal Code to the contrary
notwithstanding, any police or law enforcement personnel, who, having been duly
authorized in writing by the Anti-Terrorism Council has taken custody of a person
charged with or suspected of the crime of terrorism or the crime of conspiracy to
commit terrorism shall, without incurring any criminal liability for delay in the delivery
of detained persons to the proper judicial authorities, deliver said charged or
suspected person to the proper judicial authority within a period of three days
counted from the moment the said charged or suspected person has been
apprehended or arrested, detained, and taken into custody by the said police, or law
enforcement personnel: Provided, That the arrest of those suspected of the crime of
terrorism or conspiracy to commit terrorism must result from the surveillance under
Section 7 and examination of bank deposits under Section 27 of this Act. (Section 18,
RA 9372 “Human Security Act”)

Procedure for Taking the Child into Custody

From the moment a child is taken into custody, the law enforcement officer
shall:

(a) Explain to the child in simple language and in a dialect that he/she can
understand why he/she is being placed under custody and the offense that he/she
allegedly committed;

(b) Inform the child of the reason for such custody and advise the child of
his/her constitutional rights in a language or dialect understood by him/her;

(e) Properly identify himself/herself and present proper identification to the

child;
(d) Refrain from using vulgar or profane words and from sexually harassing or
abusing, or making sexual advances on the child in conflict with the law;

24
 (e) Avoid displaying or using any firearm, weapon, handcuffs or other
instruments of force or restraint, unless absolutely necessary and only after all other
methods of control have been exhausted and have failed;

(f) Refrain from subjecting the child in conflict with the law to greater restraint
than is necessary for his/her apprehension;

(g) Avoid violence or unnecessary force;

(i) Immediately but not later than eight (8) hours after apprehension, turn over
custody of the child to the Social Welfare and Development Office or other accredited
NGOs, and notify the child's apprehension. The social welfare and development
officer shall explain to the child and the child's parents/guardians the consequences
of the child's act with a view towards counseling and rehabilitation, diversion from the
criminal justice system, and reparation, if appropriate;

Exercise No. 1

Student’s Name:
Year and Section:
Instructor:
Date Submitted:

1. When can you arrest a person without a warrant of arrest? Explain each
a.__________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
b.__________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
c.__________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________

2. State and Explain the Miranda Doctrine.

___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
25
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________

3. Distinguish Commitment order from Mittimus.

___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________

Exercise No. 2

Student’s Name:
Year and Section:
Instructor:
Date Submitted:

1. It is taking of a person into custody in order that he may be bound to answer for the
commission of an offense.
A. Arrest C. Detention
B. Suppression D. Deprivation of liberty
2. Who can issue warrant of arrest?
A. Mayor C. Chief of Police
B. President D. Judge
3. What is the validity of warrant of arrest?
A. 5 days C. 15 days
B. 10 days D. none
4. You are a police who has warrant of arrest, when can you arrest a person?
A. during office hours C. anytime of the day only
B. anytime except holiday D. anytime of the day or night
5. What is the period of detention for child in conflict with the law?
A. 8 hours C. 18 hours
B. 12 hours D. 36 hours
6. The following are requisites for extrajudicial confession to be admissible. Which of the
following is not a requisite?
A. it must be in writing C. it must be with a counsel
B. it must be signed D. it must be with a media
7. What is the duty of arresting officer after making an arrest?
A. inform the Miranda rights of the suspect.
B. force him to make extrajudicial confession
C. apply unnecessary force
D. to deliver him to the nearest police station

26
8. You are a police officer who have arrested a suspected terrorist. Until when should file
the complaint?
A. 12 hours C. 36 hours
B. 24 hours D. 72 hours
9. You arrested a person for an offense punishable by prision correccional. What is the
period of detention?
A. 8 hours C. 18 hours
B. 12 hours D. 36 hours
10. Supposed a police officer detained a person more than the required reglementary
period, is he criminally liable?
A. No, because the police is just performing his duty.
B. No, because police officers are exempted from the law.
C. Yes with illegal arrest because the detention is beyond the reglementary period.
D. Yes with arbitrary detention because the detention is beyond the reglementary period.

LESSON 3
BAIL

Nature

All persons, except those charged with offenses punishable by reclusion

perpetua, life imprisonment or death penalty, when evidence of guilt is strong, shall
before conviction, be bailable by sufficient sureties, or be released on recognizance
as may be provided by law. The right to bail shall not be impaired even when the
privilege of the writ of habeas corpus is suspended. Excessive bail shall not be
required (Sec. 13, Art. III, The Constitution).

Bail is the security given for the release of a person in custody of the law,
furnished by him or a bondsman, to guarantee his appearance before any court as
required under the conditions hereinafter specified. (Rule 114, Section 1)

Kinds of bail:

a) Property bond — an undertaking constituted as a lien on the real property given

as security for the amount of the bond.

b) Corporate bond — one issued by a corporation licensed to provide bail

subscribed jointly by the accused and an officer duly authorized by its board of
directors. (Surety Bond)

c) Cash deposit — the money deposited by the accused or any person acting on his
behalf, with the nearest collector of internal revenue, or provincial, city or municipal
treasurer.

d) Recognizance —is a mode of securing the release of any person in custody or

detention for the commission of an offense who is unable to post bail due to abject
27
poverty. The court where the case of such person has been filed shall allow the
release of the accused on recognizance as provided herein, to the custody of a
qualified member of the barangay, city or municipality where the accused resides.
(RA 10389 “Recognizance Act of 2012”)

Bail as a Matter of Right; Exceptions

All persons in custody shall be admitted to bail as a matter of right, with

sufficient sureties, or released on recognizance:
a) before or after conviction by the MTC, and
b) before conviction by the RTC of an offense NOT punishable by death,
reclusion perpetua, or life imprisonment. (Rule 114, Section 4)
c) before conviction by the RTC of an offense punishable by death, reclusion
perpetua, or life imprisonment and the evidence of guilt is not strong. (Rule
114, Section 7)

Bail as a Matter of Discretion

1) Before conviction, in case of offenses punishable by reclusion perpetua, life

imprisonment or death when evidence of guilt is strong.

2) After conviction by the RTC of a non-capital offense. (Rule 114, Section 5)

Capital offense- is an offense which, under the law existing at the time of its
commission and of the application for admission to bail, may be punished with death.
(Rule 114, Section 6)

ILLUSTRATION:

Facts: Kurapika was charged with murder before the RTC. His bail application was
granted upon showing that the evidence of guilt was not strong. However, he was
convicted after trial of murder and sentenced to reclusion perpetua. May Kurapika be
allowed to remain free on his original bail?

Answer: Kurapika’s bail should be cancelled or he should no longer be admitted to

bail since his conviction clearly imports that the evidence of his guilt is strong.
(People vs. Cortez)

Burden of Proof in Bail Application

At the hearing of an application for bail filed by a person who is in custody for
the commission of an offense punishable by death, reclusion perpetua, or life
imprisonment, the prosecution has the burden of showing that evidence of guilt is
strong. The evidence presented during the bail hearing shall be considered
automatically reproduced at the trial, but upon motion of either party, the court may

28
recall any witness for additional examination unless the latter is dead, outside the
Philippines, or otherwise unable to testify. (Rule 114, Section 8)

Where to File Bail

(a) Bail in the amount fixed may be filed with the court where the case is pending, or
in the absence or unavailability of the judge thereof, with any regional trial judge,
metropolitan trial judge, municipal trial judge, or municipal circuit trial judge in the
province, city, or municipality. (Rule 114, Section 17 (a))

(b) If the accused is arrested in a province, city, or municipality other than where the
case is pending, bail may also be filed with any regional trial court of said place, or if
no judge thereof is available, with any metropolitan trial judge, municipal trial judge,
or municipal circuit trial judge therein. (Rule 114, Section 17 (a))

(c) Where the grant of bail is a matter of discretion, or the accused seeks to be
released on recognizance, the application may only be filed in the court where the
case is pending, whether on preliminary investigation, trial, or on appeal. (Rule 114,
Section 17 (b))

(d) Any person in custody who is not yet charged in court may apply for bail with any
court in the province, city, or municipality where he is held. (Rule 114, Section 17 (c))

N.B. The posting of the bail does not constitute a waiver of any question on the illegal
arrest or lack of or irregularity attending the arrest of person. He can still question the
same before arraignment, otherwise, the right to question it is deemed waived. (Rule
114, Section 26)

Bail is not Required, Reduced or Recognizance

1. When a person has been in custody for a period equal to or more than the
possible maximum imprisonment prescribe for the offense charged, he shall be
released immediately, without prejudice to the continuation of the trial or the
proceedings on appeal.

2. If the maximum penalty to which the accused may be sentenced is destierro, he

shall be released after thirty (30) days of preventive imprisonment.

3. A person in custody for
principal penalty prescribed
Indeterminate Sentence Law
reduced bail or on his own
Section 16)
a period equal to or more than the minimum of the
for the offense charged, without application of the
or any modifying circumstance, shall be released on a
recognizance, at the discretion of the court. Rule 114,

Bail After Judgment (Rule 114, Section 24)

General Rule: No bail shall be allowed after the judgment of conviction has become
final.

29
Exception: If before such finality, the accused has applies for probation, he may be
allowed temporary liberty under his bail. When no bail was filed or the accused is
incapable of filing one, the court may allow his release on recognizance to the
custody of a responsible member of the community.

Exception to the Exception: In no case shall bail be allowed after the accused has
commenced to serve sentence.

Bail to Secure Appearance of Material Witness

When the court is satisfied, upon proof or oath, that a material witness will not testify
when required, it may, upon motion of either party, order the witness to post bail in
such sum as may be deemed proper. Upon refusal to post bail, the court shall
commit him to prison until he complies or is legally discharged after his testimony has
been taken.

Exercise No. 1

Student’s Name:
Year and Section:
Instructor:
Date Submitted:

1. Define Bail.
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________

2. When is bail a matter of right?

___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________

30
3. Explain the different kind of bail.
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________

4. Enumerate the non-bailable offenses and give example each.

___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________

Exercise No. 2

Student’s Name:
Year and Section:
Instructor:
Date Submitted:

1. No person charged with a capital offense, or an offense punishable by reclusion perpetua or life imprisonment,
shall be admitted to bail when evidence of guilt is strong, regardless of the stage of the criminal prosecution. The
statement is
A. Wholly true C. Partially true
B. Wholly false D. Partially false
2. It is a mode of securing the release of any person in custody or detention for the commission of an offense
who is unable to post bail due to abject poverty.
A. Recognizance C. Property
B. Cash D. Corporate
3. Kurapika was charged with murder before the RTC. His bail application was granted upon showing that the
evidence of guilt was not strong. However, he was convicted after trial of murder and sentenced to reclusion
perpetua. May Kurapika be allowed to remain free on his original bail?
A. No C. Maybe
B. Yes D. It Depends
4. When a person has been in custody for a period equal to or more than the possible maximum imprisonment
prescribe for the offense charged he shall be
A. allowed to post a reduced bail C. released immediately
B. be released on recognizance D. None.
5. Generally, bail is a matter of _________.
A. right C. discretion
B. privilege D. public policy

31
6. X was charged for murder and was issued a warrant of arrest. X remains at large but wants to post bail. X's
option is to:
A. file a motion to recall warrant of arrest;
B. surrender and file a bail petition;
C. file a motion for reinvestigation;
D. file a petition for review with the DOJ.
7. The Metropolitan Trial Court convicted Virgilio and Dina of concubinage. Pending appeal, they applied for bail,
claiming they are entitled to it as a matter of right. Is their claim correct?
A. No, bail is not a matter of right after conviction.
B. Yes, bail is a matter of right in all cases not involving moral turpitude.
C. No, bail is dependent on the risk of flight.
D. Yes, bail is a matter of right in the Metropolitan Trial Court before and after conviction.
8. An information for murder was filed against X. After examining the case records forwarded to him by the
prosecution, the trial judge granted bail to X based on the prosecution's manifestation that it was not objecting to
the grant of bail. Is the trial judge correct?
A. Yes, the trial judge may evaluate the strength or weakness of the evidence based on the case records
forwarded to him.
B. No, the trial judge should have held a hearing to ascertain the quality of the evidence of guilt that the
prosecution had against X.
C. No, the trial judge should have conducted a hearing to ascertain first whether or not X was validly arrested.
D. Yes, the trial judge may reasonably rely on the prosecution's manifestation that he had no objection to the
grant of bail.
FACTS- John stab Peter during their fist fight which cause the untimely demise of Peter. He was arrested
following the hot pursuit operation conducted by the elements of PNP.
9. What crime can be charged against John?
A. Murder
B. Reckless Imprudence resulting to homicide
C. Homicide
D. Reckless Imprudence resulting to murder
10. What will the prosecutor do with the case?
A. Conduct preliminary investigation
B. Conduct inquest proceedings
C. Conduct further investigation
D. Conduct clarificatory hearing
11. Can Jonh post a bail?
A. Yes C. Maybe
B. No D. It depends.
12. If after arraignment, the court allows John to post bail and subsequently granted temporary liberty. However,
he jump bailed and never appeared in court. What will happen to the case?
A. The case will be archived.
B. The court will conduct trial in absentia.
C. The case will be suspended.
D. The court will issue warrant of arrest.
13. To be present and defend in person and by counsel at every stage of the proceedings, from arraignment to
promulgation of the judgment. The accused may, however, waive his presence at the trial pursuant to the
stipulations set forth in his bail, unless ___________.
A. his presence is required by the law enforcement officer
B. his presence is specifically ordered by the court for purposes of identification
C. his presence is specifically required by the witness
D. his presence is required by the offended party
14. Accused X pleaded not guilty to the charge of homicide against him. Since he was admitted to bail, they sent
him notices to attend the hearings of his case. But he did not show up, despite notice, in four successive hearings

32
without offering any justification. The prosecution moved to present evidence in absentia but the court denied the
motion on the ground that the accused has a right to be present at his trial. Is the court correct?
A. No, the court is mandated to hold trial in absentia when the accused had been arraigned, had notice, and his
absence was unjustified.
B. Yes, it remains discretionary on the court whether to conduct trial in absentia even if the accused had been
arraigned and had notice and did not justify his absence.
C. Yes, it is within the court's discretion to determine how many postponements it will grant the accused before
trying him in absentia.
D. No, the court may reject trial in absentia only on grounds of fraud, accident, mistake, or excusable negligence.
15. During promulgation of sentence, the presence of the accused is mandatory but he may appear by counsel or
representative when
A. he is charged with a light offense.
B. he was able to cross-examine the prosecution’s witnesses.
C. he waives his right to be present.
D. he is convicted of a bailable offense.

33