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CHRISTIAN POLYTECHNIC INSTITUTE OF CATANDUANES, INC. COLLEGE OF CRIMINAL JUSTICE EDUCATION BACHELOR OF SCIENCE IN CRIMINOLOGY Francia, Virac, Catanduanes Module 1 in CLJ-1 (Introduction to Philippine Criminal Justice System)
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Course Description: , The study of the five pillars of criminal justice in the Philippines – law enforcement, the prosecution, the courts, the corrections and the community. It also covers their respective functional relationships as well as individual roles in the administration of the justice system in the solution of crimes. This course introduces the components and process of the criminal justice system, with the emphasis of criminal law and procedure, court processes., , Course Outcomes: , At the end of the trimester, the students are expected to have: , State the importance, purposes, nature and scope of criminology as a field of interest;, Define criminology, crime, criminal, law, criminal law and other important concepts in understanding criminology;, Trace the development of criminology by discussing the theories of crime causation;, Recognize the contributions of the pioneers of criminology regarding the explanation of crime causation;, Explain the criminal formula or the birth of the crime; and, Classify the Philippine criminal law and explain about RA 6506 as amended by RA 11131.
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TOPIC 1, , , OBJECTIVES:, , , , INSTRUCTIONAL MATERIALS, , , DURATION: *the moment you receive module until preliminary examination*
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TEACHING-LEARNING ACTIVITY/LESSON PROPER , , Introduction to Criminal Justice System , , Criminal Justice System – The machinery which the society uses in the prevention and control of crimes. It may also refer to the totality of the activities of the law enforcers, prosecutors, judges, and corrections personnel, as well as those of the mobilized community in crime prevention and control. , It refers to the sum total of instrumentation which a society uses in the prevention and control of crime and delinquency. , It also comprises all the means used to enforce those standards of conduct which are deemed necessary to protect individuals and to maintain general community well-being. , , In theory, Criminal Justice System is an integrated apparatus that is concerned with the following; , apprehension, , prosecution, , trial, , conviction, , sentencing and , rehabilitating or correcting criminal offenders.
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Goals of CJS , Prevention of crime. , Protect members of society against crime. , Maintain peace and order. , Suppression of criminality. , Review the legality of existing rules and regulations. , Rehabilitation and reformation of offenders. , , People involved in the system (Parties to the criminal case) , Accused = The most pampered party in a criminal case. , Victim/complainant = The forgotten party in a criminal case. , People of the Philippines = The actual offended party. , , Definition of Term:, Criminal Justice = study of agencies of social control that handle criminal offenders., Justice = the adherence of truth or fact., Criminology = study of crime as a social phenomenon (by Cressey and Edwin Sutherland)., Felony = acts or omission punishable by law.
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Criminal Law , It is the BASIS OF CRIMINAL JUSTICE SYSTEM. , The branch of public law, which defines crime, treats of their nature and provides for their punishment. , Only violations of Criminal Law are being considered and processed in the Criminal Justice System. Where no violation of Criminal Law or where no commission of the crime criminal justice as a process will not operate., , Two (2) Classifications of Criminal Law , , Substantive = defines the elements that are necessary for an act to constitute as a crime and therefore punishable., Procedural = refers to a statute that provides procedures appropriate for the enforcement of the Substantive Criminal Law., , Two (2) Basic Principles of Criminal Law in the Administration of the CJS , , 1. Presumption of Innocence = this means that those who are accused of crimes are considered innocent until proven guilty. 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 crime. No less than the Constitution of the Philippines provides that an accused shall be presumed innocent until proven guilty.
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2. Burden of Proof = in criminal cases means that the government must prove beyond “reasonable doubt” that the suspect committed the crime. In order to make sure that only those who are guilty of the crime as punished, our Rules on Evidence provides that the evidence, in order to be sufficient to convict an accused for a criminal act, proof beyond reasonable doubt is necessary. Unless his guilt is shown beyond reasonable doubt, he is entitled to an acquittal., , Criminal in Relation to CJS , The criminal is the main character of the Criminal Justice System; while the victim is the neglected man in the process., , Different Nomenclatures Given to the Person who is being processed under CJS, , Suspect = at the police stage, during investigation;, Respondent = at the Prosecutors office, during the determination of probable cause or during the Preliminary Investigation;, Accused = at the trial of the case, when a case has been filed in Court;, Convict = once the Court has determined that the accused is guilty beyond reasonable doubt as charged and the judgement has been rendered;, Criminal = It is only upon undergoing all the process when the person serves the sentence.
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Five (5) Stages in Criminal Justice Process , Arrest, Charging, Adjudication, Sentencing, Corrections , , Two (2) Elements of Criminal Law , Its Major Purpose = is the preservation of social order in the society. Unlike Civil Law, its concern is the protection of an individual or private party from other persons. , Sanctions or Punishments =it is the satisfactions to the public., , Purpose or Goal of CJS, , 1. Primary Purpose, To protect the member of the society = is the formal instrumentality authorized by the people of the nation to protect both their collective and individual well-being., To maintain peace and order = political, economic and institutional stability are goals of an organized society because the existence of crime disrupts the stability of the society.
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2. Secondary Purpose or Sub-goals , The prevention of crime., The suppression of criminal conduct by apprehending offenders for whom prevention is ineffective. , The review of legality of our preventive and suppressive measures., The judicial determination of guilt or innocence of those apprehended., , Trial = is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, which may occur before a judge, jury, or other designated trier of fact, aims to achieve a resolution to their dispute., , Trial Procedure in Criminal Court , , The prosecution shall present evidence to prove the charge., The accused may present evidence to prove his defense., The prosecution and the defense may, in that order present rebuttal and sur-rebuttal evidence unless the court, in furtherance of justice permits them to present additional evidences. , Upon admission of the evidence of the parties, the case shall be deemed submitted for decision. , , Civil Liability = usually monetary indemnity by the accused to the victim or the victim’s heirs.
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e. The proper disposition of those who have been legally found guilty., f. The correction by socially approved means of the behavior of those who violate the law., , Philosophy behind CJS , , Adversarial Approach, The prosecutor representing the state must prove the guilt. , It is designed to protect the rights of the accused. , This is the philosophy adopted in our Criminal Justice System due to the greater emphasis on the observance of due process and the litany of right in the Bill of Rights of our Constitution., , Bill of Rights = enumeration and declaration of the individual rights and privileges which the constitution is designed to protect against violation by the government or by individual or group of individuals. , , Classes of Rights, , Natural Rights = unwritten law possessed by every citizen given to man by God., Constitutional Rights = conferred and protect by the Constitution.
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Classifications of Constitutional Rights , , Political Rights= give the citizen the power to participate, directly or indirectly in the establishment or administration of the government. , Civil Right = which the law enforce at the instance of private individuals for the purpose of securing to them the enjoyment of their means of happiness. , Social and Economic = which are intended to insure the well-being and economic security of the individual., Rights of the accused = intended for the protection of a person accused of any crime. , , Constitution = body of fundamental principle by which a state or body is governed. , Statutory = it is required by law., , c. Statutory Rights = provided by law promulgated by the law-making body and consequently, may be abolished by the same body. , , 2. Inquisitorial Approach = the accused must prove that they are innocent.
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Differences between the Two (2) Philosophies, , , , , , , , , , , Principles of Law that must adhere in our CJS , , 1. Principles of Due Process of Law = those who are accused of crimes and those who are processed through the Criminal Justice System must be given the basic rights guaranteed by the Constitution. Simply means compliance with the requisites notice and hearing. , , TRIAL = the basic ingredient in this process.
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2. Equal Protection of Law = it is an idea of legislative equality. It declares that the state may not attempt to create or enforce statutes against a person solely because of specific characteristics such as race, age or gender. It is about the creation of Civil Rights not liberty. According to Supreme Court, it must be based on some reasonable classifications. , , Model of CJS, , The Concept of Crime Control Model , The Concept of Due Process Model = This is the Criminal Justice Process we adopt in the Philippines., , Differences between the Two (2) Models
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Stages of Criminal Justice Process, , Arrest = taking a person into custody, in order that he may be bound toanswer for the commission of an offense. (Rules of Court, Rule 113, Sec. 1). , Charging = the prosecution will decide whether the suspect will be tried for the commission of a crime., Adjudication = formal charges are filed against the accused., Sentencing = conviction, applying the provisions of law and render punishments., Correction = serving the sentenced imposed.
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Three (3) Pillars of US Criminal Justice System, , Police, Court, Correction
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Five (5) Pillars of Philippine Criminal Justice System, , Police or Law Enforcement, Prosecution, Courts, Correction, Community, , FIRST PILLAR: LAW ENFORCEMENT, , the branch of the criminal justice system that has the specific responsibility of maintaining law and order and combating crime within the society., Considered as the initiator, prime-mover of Criminal Justice System. It is the one who starts the ball-rolling. , The backbone and solid foundation for peace and order. , First contact of the law violators in Criminal Justice System., Comprised of the different law enforcement agencies in the country such as the Philippine National Police, the National Bureau of Investigation, the Philippine Drug Enforcement Agency, the Bureau of Customs, the Bureau of Internal Revenue, and the Land Transportation Office, among many others., commonly referred to as the police pillar.
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PNP (Philippine National Police), , internal organization or regulation of the state, the control and regulation of the community or state through the exercise of the constitutional power of the government. , The Premier Law Enforcement Agency in the Philippine Criminal Justice System, The Front Liner country against all forms of crimes and criminality. , The First Agencies of social control in the Criminal Justice System;, organized pursuant to RA 6975, as amended by RA 8551 as further amended by R.A. 9708, a law enforcement agency under the DILG., under administrative control and operational supervision of the National Police Commission. , , It is an organization that is national in scope and civilian in character, as provided by Section 6, Article 16 of the 1987 Philippine Constitution: “The state shall establish and maintain one police force which shall be national in scope and civilian in character…” , , national in scope, means that the PNP is a nationwide government organization whose jurisdiction covers the entire breadth of the Philippine archipelago. , all uniformed and non-uniformed personnel of the PNP are national government employees.
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civilian in character, means that that the PNP is not a part of the military, although it retains some military attributes such as discipline. , , RA 6975, The PNP Law of 1991, The DILG (Department of interior and Local Government) Act of 1990 , approved by Pres. Corazon Aquino on December 13, 1990, creates PNP to be the only police force of the country with national in scope and civilian in character. , , RA 8551 , PNP Reform and Reorganization Act of 1998, Amends RA 6975, approved by Pres. Fidel V. Ramos on February 25, 1998, reorganized PNP for the purpose of reforming or professionalizing. , , RA 9708 , An Act extending for 5 years the reglementary period for complying the minimum educational qualification for appointment to the PNP and adjusting the promotion system thereof, Approved on August 12, 2009
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June 11, 1956 = Criminology education was first introduced in our country by Philippine College of Criminology (PCCr) as a four (4) year degree course., , June 12, 1961 = curriculum was revised, , July 1969 = second revision, , SY 1983 – 1984 = third revision, approved by virtue of MECS Order no. 22, Sec. 83 (New Police Subjects – Patrol), , History of Policing , Police is derived from Politia (condition of a state, government and administration). Politia is derived from a Greek word Politeia (government, citizenship, entire act in the city)., , A. Spanish Regime (up to 19th Century), , Police Functions in Spanish Regime, The suppression of brigandage by patrolling unsettled areas., Detection of local or petty uprising by spying upon the work and movements of the people. , Enforcement of tax collection including revenues.
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Police Forces in Spanish Regime, , 1. Carabineros de Seguridad Publica, considered as the MOUNTED POLICE., It is organized in 1721., Their specific duty is watching and guarding ports harbor and river places., In 1781, by Royal Decree of December 20, 1842, it was organized and called CUERO DE SEGURIDAD PUBLICA (Corps of Crabbiness for Public Security) – it was given a special commissionof government custodian of the tobacco monopoly. , , 2. Cuadrillero, established by the Royal Decree of Jan. 08, 1836., These police forces were composed of 5% abled-bodied inhabitants of each town or province and each member should serve at least three (3) years. , , 3. Guardia Civil, created by Royal Decree on Feb. 12, 1852. , They relieved the Spanish Peninsular troops on their works in policing town. , It is consisted of Filipino policemen organized in each of the provincial capitals of the central provinces of Luzon under the command of Alcalde (Governor).
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B. American Regime (1901 – 1984), , Police Forces in American Regime, March 04, 1899 = Schurman Commission offered to Gen. Emilio Aguinaldo a plan of government, The largest measure of local self-government consistent with peace and order., , The Schurman Commission also known as the First Philippine Commission was established by United States President William McKinley on January 20, 1899, and tasked to study the situation in the Philippines and make recommendations on how the U.S should proceed. Its final report was submitted on January 3, 1900, and recommended the establishment of a civil government having a bicameral legislature and being financially independent from the United States. The report also recommended the establishment of a system of public education, , January 21, 1901 = creates the Department of Public Instruction, by Mckinley Instruction to the Taft Commission (which is also concerned with peace and order)., , July 04, 1901 = establishment of Civil Government in the Philippines.William Howard Taftwas also inaugurated as the FIRST CIVIL GOVERNOR OF THE PHILIPPINES. (police = army)., , November 30, 1900 = William Howard Taft recommends organizing the National Police Corps (Insular Constabulary). It is approved by Act No. 175 on July 18, 1901.
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August 07, 1901 = the police department was transfer from military to the Civil Rule, by operation of Act. No. 183, known as CHARTER OF MANILA, founded by Gov. William Howard Taft., , Two (2) Divisions of Police Force during that time, , Metropolitan Police –Americans, Native – Filipino with American Officers, , Captain George Curry = US Army officer and appointed to be theFirst Chief of Police., , October 03, 1901 = Insular Constabulary was changed to Philippine Constabulary. , , Commonwealth Government in 1935 = American members of the Police Force were withdrawn. , , Captain Columbus E. Piatt = Last American Chief of Manila., , Col. Antonio C. Torres = First Filipino Chief of Police and Manila Police Department became an all Filipino police organization (appointed).
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December 08, 1941 = Col. Antonio C. Torres, declaresManila as an Open Citywith the outbreak of Pacific War., , January 02, 1941 = First elements of Japanese Imperial Forces entered Manila., , Kempeitai , Japanese Police Force or the military police arm of the Imperial Japanese Army from 1881 to 1945. , They took Col. Torres and members of Manila Police under their custody. Manila force was renamed as Metropolitan Constabulary and placed under the supervision of Japanese, created the Bureau of Constabulary. , , February 07, 1945 = General Douglas McArthur landed in the Philippines and Manila Battle ended., I shall return – his historical promise to the Filipino people., , Col. Marcus Ellis Jones = US Provost Marshall, the Chief of Police of Manila upon its liberation from the Japanese but Manila Force was under American Control for the second time., , July 04, 1945 = American government grants Philippine Independence., July 04, 1946 = Philippine Independence was established by Pres. Manuel A. Roxas (First President of the Republic).
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Col. Lamberto T. Javalera = First Filipino Chief of Police of Manila appointed by Pres. Manuel A. Roxas. , , Police Relation to Other Pillars of CJS, , 1. To Prosecution = their relation is established and maintain through the preparation and presentation of evidence. Prosecution relies on evidences by Police. , , 2. To Court = their relation is established and maintain through the legal processes and criminal proceedings. Court provides search warrant or warrant of arrest against a criminal act., , To Correction = their relation is established and maintain through the provisions of security, police escort and custodial services., , 4. To Community = their relation is established and maintain through the Police-Community Relation., , Powers and Functions of PNP, , Enforce all laws and ordinances relative to the protection of lives and property., Maintain peace and order and to take all necessary steps and ensure public safety.
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3. Investigate and prevent crime, affect the arrest of criminal offenders, bring offender to justice and assist in their prosecution., 4. Exercise the powers to make arrest, search and seizure in accordance with the constitution and pertinent laws., 5. Detain the arrested person for a period not beyond what is prescribed by law, informing the person so detained of all his rights under the constitution., 6. Issue licenses for the possession of firearms and explosives in accordance with law., 7. Supervise and control training and operatives of security agencies and issue licenses to operatives security agencies, and to security guards, private detectives or the practice of their profession; and, 8. Perform such other duties and exercise all other functions as may be provided by law. , , Two (2) Main PNP Functions , , Primary Service Work = basic duties of police officer, Auxiliary = secondary or support , , Summarize Powers and Functions of PNP , 1. Enforcement of Law = The Philippine National Police has the power to enforce laws and ordinances relative to the protection of lives and property, such as the Revised Penal Code, other special penal laws and city and municipal ordinances.
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2. Crime Prevention , It is the MOST important function of law enforcement., It is also a community problem; therefore they must cooperate particularly in reporting the crime. , It is not the sole responsibility of the police but equally the concern of every citizen in order to have a peaceful place to live in. , the elimination of the opportunity for the commission of a crime., , Crime Prevention TRIANGLE, , Ability Desire, , Opportunity, , 3. Police Patrol, has been described as the backbone of the police department., patrol officers are the most valuable people in the organization. , , 4. Crime detection is the discovery of the police that a crime had been committed.
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There are traditional ways that occurrence of crime is made known to the police: , when the victim personally reports the crime to the police; , when a witness personally reports the crime to the police; and , when the police catches an offender while in the commission of a crime. , , 5. Criminal Apprehension = the legal term for criminal apprehension is arrest. , 6. Order Maintenance = it regulates non-criminal conduct. It is considered as the most difficult responsibility of the police., 7. Public Service = use to mean services provided by government to its citizen., , Activities of the Police to enhance their image , It is very important to enhance their image so that they can attain the full-cooperation and support of the community for them to become more effective and efficient. , , Increase Police Visibility (physical appearance), Fear – to the would-be-criminal, Security or Comfort –to the law-abiding citizen, Community Service Oriented Policing, Frequent dialogs with Barangay Officials and members, Linkage with media people
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5. Initiations with Youth-oriented project, , POLICE PROCESSES: A Major Chain in the Criminal Justice System, Policing is the initial process in the entire criminal justice system. , , A. Crime Detection– the act of discovering or the fact., , To discover that a crime is committed , Identification of a suspect, Collection of evidences., , Two (2) ways on how to detect crime/s:, , POLICE OBSERVATION = arrest – booking – investigation, COMPLAINT = investigation – arrest – booking, , Response Time – refers to the time that elapses between the receipt of the call or alarm and the arrival of responding officers at the crime scene.
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B. Criminal investigation, the identification and apprehension of alleged criminals and the accumulation, preservation and presentation of evidences regarding their alleged crimes., The main objective is to determine who the criminal is and to develop and present legally accepted evidence to a court of law so that a conviction is assured and a crime is solved. , It is a specialized aspect of police work which is the responsibility of both the uniformed patrolman and the investigator. In the investigation of the crime, evidence technicians known as Scene of the Crime Operatives (SOCO) Officers, assist in the collection, preservation, analysis and presentation of physical evidence at the crime scene. , , Criminal Investigation Process, , Preliminary or 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. , , 2. Follow-up investigation = is an extension or continuation of preliminary investigation. It is necessary to bring a case to a successful conclusion or to solve an unsolved case. It will determine if available information and evidence is legally admissible in court. After necessary evidence has been collected, Police Authority may be applied (Arrest, Search and Seizure).
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C. Apprehension of Suspects , , Arrest = taking a person into custody, in order that he may be bound to answer for the commission of an offense. (Rules of Court, Rule 113, Sec. 1). , , Arrest is important in the administration of Criminal Justice System because if the accused is not arrested, the court will not acquire jurisdiction over the person, UNLESS the person voluntarily surrenders himself to the authority. , , Under the law, the court cannot proceed with the trial of the person without his presence or in absencia. This is in consonance with the constitution requirement that the accused must the right to be heard by him and to be informed of the cause and accusation against him. The ONLY EXCEPTION is when the accused has already been ARRAIGNED. , , 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. No violence or unnecessary force shall be used in making an arrest. The person arrested shall not be subject to a greater restraint than is necessary for his detention (Rules of Court, Rule 113, Sec. 2).
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Modes of Arrest , , 1. Arrest with 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, except when he flees or forcibly resists before the officer has opportunity to inform him, or when the giving of such information will imperils the arrest. , 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 (Rules of Court, Rule 113, Sec. 7)., shall remain valid until the person to be arrested has been arrested or has surrendered, An arrest may be made on ANY DAY and at ANY TIME of the day or night (Rules of Court, Rule 113, Sec. 6). , A warrant of arrest, whether is issued by the court of a competent jurisdiction, may be served anywhere in the Philippines (Rules of Court, Rule 113, Sec. 3)., Warrant of Arrest = it is an order in writing issued in the name of the People of the Philippines, signed by the judged and directed to a peace officer, commanding him to take a person into custody in order that he may be bound to answer for the commission of an offense. , As a rule, a warrant of arrest for the apprehension of unnamed party whom it is to be served is void EXCEPT in those cases where it contains a description of the person or such as will enable the officer to identify the accused. , , Warrant of Arrest = it is an order in writing issued in the name of the People of the Philippines, signed by the judged and directed to a peace officer, commanding him to take a person into custody in order that he may be bound to answer for the commission of an offense.
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As a rule, a warrant of arrest for the apprehension of unnamed party whom it is to be served is void EXCEPT in those cases where it contains a description of the person or such as will enable the officer to identify the accused. , , The head of the office to whichthe warrant of arrest was delivered for execution shall cause the warrantto 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 case of his failure to execute the warrant, he shall state the reason therefor. , , 2. Arrest without Warrant or Citizen’s Arrest or Warrantless Arrest – An arrest may be lawfully be made without a warrant under certain limited conditions which approximate the existence of probable causeas would justify the issuance of a warrant of arrest. , , A peace officer or a private person may, without warrant, arrest a person when:, in his presence, the person to be arrested has committed, is actually committing or is about to commit a felony; , when an offense has in fact been committed, and he has personal knowledge of facts indicating that the person to be arrested has committed it; an, 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 temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another (Rules of Court, Rule 113, Sec. 5). , , In the case of an arrest without warrant, the person arrested shall be forthwith delivered to the nearest police station or jail and he may be subjected to an inquest where the offense for which he was arrested requires preliminary
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investigation. Where the arrest is made with a warrant, the officer executing the warrant shall also deliver the arrested person to the nearest police station or jail without unnecessary delay(Rules of Court, Rule 113, Sec. 7 and 3). , , D. Search and Seizure, refers to the legal act of searching of a personal property and taking custody for such property for the purpose of bringing it to the court; , Searches may be performed with or without court issued search warrants; , To ensure validity of the search, the police performing the search and seizure must be armed with search warrant;, Search refers to the examination of an individual’s person, house, papers or effects, or other buildings and premises to discover contraband or some evidence of guilt to be used in the prosecution of a criminal action., , Search Warrant = it is an order in writing issued in the name of the people of the Philippines, signed by the judge and directed to a peace officer, commanding him to search for personal property described therein and bring it before the court (Rules of Court, Rule 126, Sec. 1). , , To obtain a search warrant from a judge, law enforcement agencies must supply the address or description of the place or vehicle to be searched, the crime or activities being investigated, and the things to be seized. It is issued when the judge has probable cause to believe the evidence sought is related to criminal activity; , The Constitutions declares that the right of the people to be secured their persons, houses, papers and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable (1987 Constitution, Article III, Sec. 2).
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Requisites for issuing Search Warrant, , Based on probable cause = refers to such facts and circumstances that would lead a reasonably discreet and prudent man that an offense has been committed and that the object sought in connection with offense are the place sought to be searched. , Must be in connection with one specific offense; , Must be determined personally by the judge;, Must be 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 things to be seized(1987 Constitution, Article III, Sec. 2). , , Personal Property that can be subject to Seizure , Property subject to the offense;, Property stolen or embezzled or fruits of the offense; , Property used or intended to be used as the means of committing an offense (Rules of Court, Rule 126, Sec. 3). , , , Validity of Search Warrant = it shall be valid for ten (10) days from its date. Thereafter, it shall be void (Rules of Court, Rule 126, Sec. 10). And it can be served only once within its validity period;
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It must direct that it be served in the daytime, UNLESS, the affidavit asserts that the property is on the person or in the place ordered to be searched, in which a case a direction may be inserted that it be served at any time of the day or night (Rules of Court, Rule 126, Sec)., , Circumstances of Warrantless Search, , When there is consent or waiver = when a person voluntarily submits himself to a search, a warrant therefore is unnecessary. And if a person failed to object at the time of the search, it is presumed that he consented to the search., , 2. When search is an incident to a lawful arrest = for dangerous weapons or anything, which may have been used or constitute proof in the commission of an offense. Such a search incidental to a lawful arrest is justified by the need to disarm the suspect in order to take him into custody and by the need as preserve on his person for later use at trial. , It is made on a person arrested and of the immediate surrounding area to remove any weapons that the arrested might seek to use in order to resist or affect his escape and to prevent the concealment or destruction of evidence. , , 3. The Plain View Exception = the possession of articles prohibited by law is disclosed to plain view or is open to eye and hand. And when an article is already in plain view, neither its observation nor its seizure would involve any invasion of privacy. Such article may therefore be seized without a search warrant. This exception applies only where a police officer is not searching for evidence against the accused but nonetheless inadvertently comes across such evidence whose incriminating nature is immediately apparent.
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4. Search of a moving vehicle, 5. Customs search, 6. Stop and frisk search, and, 7. Exigent and emergency circumstances, , E. Case Preparation, it is the process of bringing together in organized and logical manner evidence collected during the investigation of a crime and present it to the prosecutor. , The investigator must be able to present to the prosecutor and prove before the court the Corpus delicti (substance or the body of 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.), , F. Criminal Investigation = It is an art, which deals with identity and location of the offender and provides evidence of his guilt in criminal proceedings., , , END OF LECTURE NOTES!, ARNEL T. ALCANTARA, RCRIM, Subject Instructor
