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FILING OF CASES
PARALEGAL TRAINING FOR
FPOS, BRGY. GREEN/
BLUE BRIGADE MEMBERS
ATTY. ISMAEL T. MANALIGOD
OIC, Legal Division DENR Region 2
MALA IN SE
MALA PROHIBITA
Nature
Wrong because it is
prohibited by law
(SPL)
Good faith
Intent
Element
Intent is immaterial
Degree of
accomplishment
Only
KEY CONCEPTS IN
ARREST
SEARCH
SEIZURE
DETENTION
ARREST
- is the taking of a person into the custody in order that he
may be bound to answer for the commission of an offense.
- it is made by an actual restraint of a person to
arrested, or by his submission.
be
WARRANTLESS ARREST
General Rule: A warrant is needed to validly effect
arrest.
Exceptions:
1. In flagrante exception- when, in his presence,
the person to be arrested has committed, is actually
committing, or is attempting to commit an offense.
Example: People vs. Anita Claudio (160 SCRA 646)
The accused who was carrying a woven buri- like plastic bag which
appeared to contain camote tops, boarded a bus bound for province.
Instead of putting the plastic bag beside her, the accused put the plastic
bag on the back seat where a trained anti- narcotics agent was seated.
Since the act of the accused was unusual for the traveller, the suspicion
of the agent was aroused. Hence, the agent inserted his finger inside the
bag where he felt another plastic bag in the bottom from which
emanated the smell of the marijuana. Right after she got off the bus, the
agent arrested the accused.
Exception
Orders of arrest may be issued to carry out
final finding of violation of a law ( contempt, deportation
order)
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, commanding him to search for personal property
described therein and bring it before the court.
The power to issue search warrants is exclusively vested
with the trial judges in the exercise of their judicial
functions.
ARREST
A search warrant shall be valid for ten (10) days from its date. Thereafter, it
shall be void.
2.
WARRANTLESS SEARCH
WAIVER
1.
Right exists
2.
3.
UNDER
EXIGENT
CIRCUMSTANCES
AND
EMERGENCY
MOVING VEHICLES
CHECKPOINT
SEARCH
Upon entry inform occupants owners of the purpose of the search and
show copy of SW
Practical exercises
Practical exercises
PROSECUTION
OF OFFENSES
Prosecution of Offenses
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
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
COMPLAINT
( Prosecutor)
NO
PROBABLE
CAUSE
YES
DISMISS
JUDGMENT
FILE INFORMATION
TRIAL
ARRAIGNMENT AND
PLEA
PRE-TRIAL
PROSECUTION
PRELIMINARY
INVESTIGATION
INQUEST
Sufficiency of Complaint/Information
A complaint or information is sufficient if it
states
a. the name of the accused
b. the designation of the offense given by
the
statute
c. the acts or omissions complained of as
constituting the offense
d. the name of the offended party
e. the
approximate
date
of
the
commission of the
offense
f. the place where the offense was
committed.
(b)
Requirements
investigation
in
Preliminary
Notes:
1.
Admin proceedings is
criminal proceedings.
separate
and
distinct
from
2.
3.
RULE ON EVIDENCE
What is evidence
Evidence is the means sanctioned by these rules of
ascertaining in a judicial proceeding the truth
respecting the matter
Admissibility of Evidence
When it is relevant to the issue and is not excluded
by law or Rules of Court
Relevancy
Must have a relation to a fact in issue as to induce a
belief in its existence or non-existence
Kinds
Object Evidence-senses
Documentary-writing
Testimonial- witnesses
Photodocumentation
1.
Pre-operation
2.
Overall scene
3.
Identification photographs
4.
Evidence photographs
5.
EVIDENCE
VIDENCE
RECOMMENDED EVIDENCE