Basic Concepts in Criminal Law

LEGAL CONCEPTS
and PROCEDURE in the

PROSECUTION of
OFFENSES under ENR
LAWS
Atty. Ismael T. Manaligod
BASIC CONCEPTS IN CRIMINAL LAW

CRIME
Is the commission or omission by a person having capacity
of any act which is either prohibited or compelled by law
and the commission or omission of which is punishable by a
proceeding brought in the name of the government whose
law has been violated
FELONY
Crimes punishable under the Revised Penal Code
OFFENSE
Crimes punishable under special law
INFRACTION/MISDEMEANOR
Crimes punishable by an ordinance
Department of Environment and Natural Resources
BASIC CONCEPTS IN CRIMINAL LAW

CRIMES MALA IN SE
Wrong by its very nature and as those felonies under the
RPC with the exception of some penal provisions in special
penal laws which were held by the Supreme Court to be
mala in se (ex: omission of voters name by COMELEC
official, plunder). Intent is an element in its commission and
good faith is a defense
CRIMES MALA PROHIBITA
Wrong because it is prohibited by law. Without the law
punishing the act, it cannot be considered a wrong. Mere
commission of the act constitute an offense and good faith
is not a defense.
MALA IN SE
MALA PROHIBITA
Nature
Wrong by its nature

(RPC)
Wrong because it is
prohibited by law
(SPL)
Good faith
Valid defense except

crimes involving
negligence
Not a valid defense
Intent
Element
Intent is immaterial
Degree of
accomplishment
Taken into account
Only
INVESTIGATION/DOCUMENTATION
FORESTRY/WILDLIFE CASES/FISHERIES
The administrative confiscation

proceedings/investigation report may come before
or after the filing of the complaint
Filing of Criminal complaint
Before administrative confiscation the order of

confiscation may be submitted as supplemental
documentary evidence.
After admin confiscation this is recommended
because all documents shall have been collected
and the criminal case may proceed unhampered.
Required attachment in affidavit complaint/complaint
1. Q and A Affidavit of apprehending/seizing officer/witness

2. Apprehension receipt which must be fully filled up (PD
705)
3. Seizure Receipt/ Tally Sheet/Transmittal Receipt
4. Order of Confiscation/Report of Apprehension
5. Photograph/Video-observe authentication rules
6. For RA 9147 attach a wildlife certification
7. Documents must show chain of custody
Take note also that for direct filing (cases not covered by P1
or no Inquest Prosecutor is available) the above documents
maybe attached.
Under new Rule of Procedure for the cases, affidavits
shall be in Q and A form which shall become the direct
testimony of witnesses.
Affidavit Complaint
State personal circumstances/official function
of complainant
State narrative of facts leading to
apprehension/seizure
Avoid hearsay, (all facts must be of personal
knowledge)
Attachments must be carefully labeled
Photocopies must properly certified
In drafting all documents, use simple and
direct language
Avoid vague terms and conclusions.
Coordinate with Prosecutors Office for
SAMPLE AFFIDAVIT COMPLAINT_PD 705
SWORN STATEMENT OF 1LT. JUSTIN BIEBER (Inf) PA TAKEN ON
18TH DAY OF AUGUST 2010
01
.
Question Under oath, do you swear to tell the truth and nothing
:
but the truth?
Answer
:
02
.
Yes.
Question If so, will you state your name, age and other personal
:
circumstances?
Answer
:
I am 1LT. JUSTIN BIEBER, 25 years of age, single, and

presently assigned at 17th IB, 5th ID located at Nasin,
Alcala, Cagayan.
03 Questi
.
on :
Answer
:
04 Questio
.
n:
Answer
:
05 Questio
What made you appear before me?

I came here to lodge my complaint against Mr. Tom
Jones and Mr. Jerry Lewis, both of Napet, Penablanca,
Cagayan, for violation of Section 68, PD 705, as
further amended. Tom and Jerry were apprehended
for transporting common hardwood lumber without
the requisite transport documents which is in
violation of PD 705.
When were Tom Jones and Jerry Lewis apprehended?
April 19, 2010.
Who apprehended
Tom
Jones and
Jerry Resources
Lewis?
Department
of Environment
and Natural
06 Questi
.
on :
Answer
:
How were Tom

apprehended?
Jones
and
Jerry
Lewis
On April 18, 2010, one platoon headed by me

jumped off from the Battalion Headquarters to
conduct Rescue Control Operation at Penablanca,
Cagayan to verify the report from a concerned
citizen of illegal logging activities. Upon reaching
the area, we immediately established a checkpoint
at the vicinity. On or about 1:30 AM of April 19,
2010, a passenger jeep bearing plate no. ABC-123
approached the area loaded with one thousand
(1,000) boardfeet of common hardwood lumber.
This was driven by Jerry Lewis with Tom Jones on
board. The conveyance was flagged down by the
personnel manning the checkpoint but said
vehicle ignored it and did not stop and nearly
sideswiped Cpl Barry Manillow (Inf) PA. The group
of Environment
and Natural
chased theDepartment
evading
vehicle
and Resources
was able to
07 Questi
.
on :
Answer
:
08 Questio
.
n:
Answer
:
09 Questio
.
n:
What happened next, if any?

I immediately transmitted a Spot Report informing
the battalion head of the apprehension. Afterwhich,
the conveyance and load were brought to the
Battalion Headquarters located at Nasin, Alcala,
Cagayan. CENR Officer Marlon Agnar of CENRO Alcala
was then informed of the apprehension.
Meantime I have no more questions to ask from you
unless you have something
more to say?
None at this time.
Are you willing

to sign
your statement?
Department
of Environment
and Natural Resources
1LT JUSTIN BIEBER (Inf) PA
Affiant
SUBSCRIBED AND SWORN to before me this 18 th day of August

2010 at Tuguegarao City. I HEREBY CERTIFY that I have personally
examined the affiant, and that I am satisfied that he understood his
sworn statement and that he freely and voluntarily signed and
executed it in my presence.
Doc No. __________

Page No. __________
Book No. __________
Series of 2010
SAMPLE AFFIDAVIT COMPLAINT_RA 9147
SWORN STATEMENT/COMPLAINT OF JOEL IRANGA TAKEN
THIS 18TH DAY OF AUGUST 2010
01 Questi
.
on :
Answer
:
02 Questio
.
n:
Answer
:
Under oath, do you swear to tell the truth, the

whole truth and nothing but the truth?
Yes.
If so, will you state your name, age and other

personal circumstances?
I am Jhonel Angari of legal age, married, Forester and
stationed at DENR-CENRO Palanan, Isabela.
03 Questi
.
on :
Answer
:
04 Questio
.
n:
Answer
:
05 Questio
.
n:
Answer
:
What prompted you to appear before me?

To lodge criminal complaint against Amay Bisaya of
Maconacon, Isabela.
What is your complaint against this person you are
referring to?
He violated Chapter IV, section 27 of R.A. 9147 or
otherwise known as Wildlife Resources
Conservation and Protection Act.
Why do you say that he violated R.A. 9147?
On June 10, 2010, I received information from a
concerned citizen that a stranger in our place is
Department of Environment
Resources
collecting endangered
speciesand
of Natural
sea turtle
(Pawikan)
06 Questi
.
on :
Answer
:
07 Questio
.
n:
Answer
:
08 Questio
.
n:
Answer
:
After receiving the information, what did you

do, if any?
We proceeded to the place where those pawikan are
being collected.
What happenened next?
We found a certain Amay Bisaya of Maconacon, Isabela
selling meat and shell of pawikan.
What did you do next, if any?

I sought assistance from our Office DENR-CENRO
Palanan, Isabela for documentation and proper
disposition.
09 Questi
.
on :
What did the DENR CENRO Aparri do if any?
Answer
:
They assisted me in recovering the pawikan in

reporting the selling of pawikan meat to the police
and barangay captain
10 Questio
.
n:
Meantime, I have no more questions to ask from you

unless you have something more to say.
Answer
:
11 Questio
.
n:
Answer
:
No more sir.
JHONEL ANGARI
Are you willing to sign your statement?
Affiant/Complainant
Yes.
SUBSCRIBED AND SWORN to before me this _____ day of
August 2010 at _____________. I HEREBY CERTIFY that I
havepersonally examined the affiant, and that I am satisfied
that he understood his sworn statement and that he freely and
voluntarily signed and executed it in my presence.
Prosecutor
Doc No. __________
Page No. __________
Book No. __________
Series of 2010
Sample Complaint
That on or about the 4th day of August, 1993 at Barangay
San Vicente, Gattaran, Cagayan, Philippines, and within the
jurisdiction of this Honorable Court, the above-named
accused, conspiring and confederating together and
mutually helping each other, for a common design, did then
and there willfully, unlawfully, feloniously and illegally
possess and transport without the necessary legal
documents nor permit from the lawful authorities, sawn
dipterocarp lumbers (Philippine Mahogany), in the following
manner, to wit: accused Melchor Casibang, being the owner
of 2 ten wheeler trucks with Plate Nos. GDA-279 and PNH364 facilitated and allowed the use and transport of abovestated sawn [lumber] from Sto Nino, Cagayan but
intercepted by the PNP authorities in San Vicente, Gattaran;
while the accused Jay Irorita facilitated the loading and
transport of said sawn lumbers, while accused Maurino
Lagundi drove the Nissan 10 wheeler cargo truck bearing
Plate No. GDA-279 which was loaded with 333 pieces of said
sawn dipterocarp lumbers (Philippine Mahogany) of
assorted sizes equivalent [to] 5,095.5 board feet which was
concealed under piled bags of cement, which lumbers
of Environment
Natural Resources
[were] valued at P134,Department
242.36;
while and
accused
Ferdinand
Sample Complaint
of assorted sizes equivalent to 6,232.46 board feet which
was concealed under piled bags of cement which lumbers
[were] valued at P92,316.77 or total value of P226,559.13,
without, however, causing damage to the government,
inasmuch as the aforestated lumbers were recovered.
CONTRARY to Section 68 of Presidential Decree 705, as
amended by Executive Order No. 277, Series of 1987, in
relation to Article 309 and 310 of the Revised Penal Code
SEARCH AND SEIZURE CONCEPTS ,

DOCTRINES, PROCEDURE
CONSTITUTIONAL BASIS ARTICLE III Section 2
The right of the people to be secure in their persons, houses,
papers, and effects against unreasonable searches and seizures
of whatever nature and for any purpose shall be inviolable, and
no search warrant or warrant of arrest shall issue except upon
probable cause to be determined personally by the judge after
examination under oath or affirmation of the complainant and
the witnesses he may produce, and particularly describing the
place to be searched and the persons or things to be seized.
CRIMINAL PROCEDURE BASIS

ARREST - Rule 11 of the Rules on Criminal Procedure
SEARCH AND SEIZURE- Rule 126 of the Rules on Criminal
Procedure

SCOPE OF PROTECTION
a. Available to all persons including aliens and artificial persons
b. Right is personal and may be waived
c. Distraint directed against government tasked with law
enforcement
WHO MAY ISSUE A WARRANT
General Rule Only a judge upon fulfillment of requirements
Exception
finding of
order)
Orders of arrest may be issued to carry out final

violation of a law ( contempt, deportation
SEARCH WARRANT
Is an order in writing issued in the name of the People of the
Philippines signed by a judge and directed to a peace officer,

REQUISITES OF A VALID WARRANT
1. Probable Cause
2. Determination of Probable Cause personally by a judge
3. After examination under oath or affirmation of the
complainant and the witnesses he may produce
4. Particularity of description
a. Place to be search
b. Property subject of seizure

PROBABLE CAUSE FOR A SEARCH WARRANT
Such facts and circumstances which would lead a reasonably
discreet and prudent man to believe than an offense has been
committed and that the objects sought in connection with the
offense are in the place sought to be searched.
DETERMINATION BY A JUDGE DURING APPLICATION FOR
SEARCH WARRANT
Judge must personally examine in the form of searching questions
and answers, in writing and under oath, the complainant and the
witness he may produce of facts personally known to them and
attach to the record their sworn statements together with any
affidavits submitted.
PARTICULARITY OF DESCRIPTION
As specific as circumstances will ordinarily allow and need not be

WARRANTLESS SEARCHES
1. When the right is voluntarily waived
2. Stop and Frisk
3. Incident to a lawful arrest
4. Plain view
5. Search of vessels and aircraft
6. Search of moving vehicles
7. Inspection of buildings and other premises for the
enforcement of fire sanitary and building regulations
8. Under exigent and emergency circumstances

WAIVER
1. Right exists
2. Person waiving has actual or constructive knowledge of
such right
3. Actual intention to relinquish such right

STOP AND FRISK
Right of a police officer to stop a citizen in a street, interrogate

him and pat him for weapons whenever he observes unusual
conduct which leads him to conclude that criminal activity
maybe afoot.
- search and seizure must precede the arrest for principle to
apply.
- police should introduce himself and make initial inquiries
INCIDENTAL TO LAWFUL ARREST
Rule 126 sec. 12 - search for dangerous weapons or anything as

proof of
the commission of the offense
Rule 11 sec 2 (a) - there must be probable cause (BUY-BUST
operations)
Department -ofperson
Environment
Natural
Permissible area to be searched
ofand
the
oneResources
arrested

VESSELS AND AIRCRAFTS
Reason may elude arrest if you adopt a wait and see attitude
and the
circumstance call for immediate response
MOVING VEHICLES
It is justified on the ground that it is not practicable to secure a

warrant
because the vehicle can be moved quickly out of the
locality or jurisdiction in which the warrant may be sought. It is
also allowed for the purpose
preventing smuggling and
violation of immigration laws made in borders or
constructive
borders
Checkpoint search
1. Routine inspection- Visual Search
2. Extensive Search there must be reasonable or probable
cause to
believe before the search that
evidence of crime is
present. (ex tips from
informants)

EVIDENCE IN PLAIN VIEW
1. Prior valid intrusion based on the valid warrantless arrest in

which the police are legally present in the pursuit of their
regular duties
2. Evidence was inadvertently discovered by the police who
have a right to be where they are
3. Evidence must be immediately apparent
4. Plain view justified the seizure of the evidence without further
search
Plain view exposed to sight. Even if it is in a bag or container
where the
package proclaims itself it is still considered in
plain view The
area must be within the immediate control
Department
of the arrested
person. of Environment and Natural Resources
Prosecution of Offenses
How are criminal actions prosecuted
Criminal actions shall be instituted as follows:
(a) For offenses where a preliminary investigation is required
pursuant to section 1 of Rule 112, by filing the complaint with the
proper officer for the purpose of conducting the requisite
preliminary investigation.
(b) For all other offenses, by filing the complaint or information
directly with the Municipal Trial Courts and Municipal Circuit Trial
Courts, or the complaint with the office of the prosecutor. In
Manila and other chartered cities, the complaints shall be filed
with the office of the prosecutor unless otherwise provided in
their charters.
What is a complaint
A complaint is a sworn written statement charging a person
with an offense, subscribed by the offended party, any peace
officer, or other public officer charged with the enforcement of
the law violated.
What is an information
An information is an accusation in writing charging a person
with an offense, subscribed by the prosecutor and filed with the
court
Prosecution of Criminal Offenses
Complaint
Information
Subscription
Sworn statement
Need not be
sworn to
By whom
Offended
party/public
officer charged
with the
enforcement of
the law violated
Prosecutor
Where filed
Court or
Prosecutors
Office
Always in court
Who must prosecute criminal offenses
All criminal actions either commenced by complaint or by
information shall be prosecuted under the direction and control
of a public prosecutor. In case of heavy work schedule of the
public prosecutor or in the event of lack of public prosecutors,
the private prosecutor may be authorized in writing by the
Chief of the Prosecution Office or the Regional State Prosecutor
to prosecute the case subject to the approval of the court. Once
so authorized to prosecute the criminal action, the private
prosecutor shall continue to prosecute the case up to end of
the trial even in the absence of a public prosecutor, unless the
authority is revoked or otherwise withdrawn
COMPLAINT
( Prosecutor)
NO
DISMISS
PROBABLE
CAUSE
JUDGMENT
YES
FILE INFORMATION
TRIAL
ARRAIGNMENT AND
PLEA
PRE-TRIAL

Sufficiency of Complaint/Information
A complaint or information is sufficient if it states the name of
the accused; the designation of the offense given by the
statute; the acts or omissions complained of as constituting the
offense; the name of the offended party; the approximate date
of the commission of the offense; and the place where the
offense was committed. When an offense is committed by more
than one person, all of them shall be included in the complaint
or information

Where action instituted
Place where action is to be instituted.
(a) Subject to existing laws, the criminal action shall be
instituted and tried in the court of the municipality or
territory where the offense was committed or where any of
its essential ingredients occurred.
(b) Where an offense is committed in a train, aircraft, or other
public or private vehicle in the course of its trip, the
criminal action shall be instituted and tried in the court of
any municipality or territory where such train, aircraft, or
other vehicle passed during its trip, including the place of
its departure and arrival
(c) Where an offense is committed on board a vessel in the
course of its voyage, the criminal action shall be instituted
and tried in the court of the first port of entry or of any
municipality or territory where the vessel passed during
such voyage, subject to the generally accepted principles of
international law.
(d) Crimes committed outside the Philippines but punishable
under Article 2 of the Revised Penal Code shall be
cognizable by the court where the criminal action is first
filed.
Requirements in Preliminary investigation
The complaint shall state the address of the respondent and
shall be accompanied by the affidavits of the complainant and
his witnesses, as well as other supporting documents to
establish probable cause.
1. Copies to all respondents plus 2 for official file
2. Affidavits must be subscribed and sworn to before any
prosecutor, government official authorized to administer
oath or in the absence of the two, by a notary public, each
of whom must certify that he personally examined the
affiants and that he is satisfied that they voluntarily
executed and understood their affidavits.
Notes:
1. Admin proceedings is
criminal proceedings.
separate
and
distinct
from
2. The previous predicament of counter suit is not a threat

anymore because of the defense of SLAPP under the
new rule of procedure.
3. When in doubt, please seek advice of Legal Division/
Prosecutors Office.
Mabbalo!

Basic Concepts in Criminal Law

Hochgeladen von

Dokumentinformationen

Copyright

Verfügbare Formate

Dieses Dokument teilen

Dokument teilen oder einbetten

Freigabeoptionen

Stufen Sie dieses Dokument als nützlich ein?

Sind diese Inhalte unangemessen?

Copyright:

Verfügbare Formate

Basic Concepts in Criminal Law

Hochgeladen von

Copyright:

Verfügbare Formate

LEGAL CONCEPTS

and PROCEDURE in the

BASIC CONCEPTS IN CRIMINAL LAW

BASIC CONCEPTS IN CRIMINAL LAW

Department of Environment and Natural Resources

Wrong by its nature

Valid defense except

Not a valid defense

Taken into account

Department of Environment and Natural Resources

The administrative confiscation

Before administrative confiscation the order of

1. Q and A Affidavit of apprehending/seizing officer/witness

Coordinate with Prosecutors Office for

I am 1LT. JUSTIN BIEBER, 25 years of age, single, and

What made you appear before me?

How were Tom

On April 18, 2010, one platoon headed by me

What happened next, if any?

Are you willing

SUBSCRIBED AND SWORN to before me this 18 th day of August

Doc No. __________

Department of Environment and Natural Resources

Under oath, do you swear to tell the truth, the

If so, will you state your name, age and other

What prompted you to appear before me?

After receiving the information, what did you

What did you do next, if any?

What did the DENR CENRO Aparri do if any?

They assisted me in recovering the pawikan in

Meantime, I have no more questions to ask from you

Department of Environment and Natural Resources

Department of Environment and Natural Resources

SEARCH AND SEIZURE CONCEPTS ,

CRIMINAL PROCEDURE BASIS

SEARCH AND SEIZURE CONCEPTS ,

Orders of arrest may be issued to carry out final

SEARCH AND SEIZURE CONCEPTS ,

Department of Environment and Natural Resources

SEARCH AND SEIZURE CONCEPTS ,

SEARCH AND SEIZURE CONCEPTS ,

SEARCH AND SEIZURE CONCEPTS ,

Department of Environment and Natural Resources

SEARCH AND SEIZURE CONCEPTS ,

STOP AND FRISK

Right of a police officer to stop a citizen in a street, interrogate

INCIDENTAL TO LAWFUL ARREST

Rule 126 sec. 12 - search for dangerous weapons or anything as

SEARCH AND SEIZURE CONCEPTS ,

VESSELS AND AIRCRAFTS

It is justified on the ground that it is not practicable to secure a

SEARCH AND SEIZURE CONCEPTS ,

EVIDENCE IN PLAIN VIEW

1. Prior valid intrusion based on the valid warrantless arrest in

Department of Environment and Natural Resources

Department of Environment and Natural Resources

Department of Environment and Natural Resources

Department of Environment and Natural Resources

Department of Environment and Natural Resources

Prosecution of Criminal Offenses

Department of Environment and Natural Resources

Prosecution of Criminal Offenses

Department of Environment and Natural Resources

Department of Environment and Natural Resources