Republic of the Philippines

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Malita, Davao Occidental
CLJ121 – MARIA LUZ J VILLACUATRO, RCrim

CLJ121 MODULE 2

Learning Content:
: Early Codes and Laws
: Basic Functions among the Pillars in the CJS
: Police or Law Enforcement Pillar
: Philippine Prosecution System
: Remedies in Cases of Miscarriage of Justice

Early Codes and Laws

▪ Babylon - Code of Hammurabi (1700 B.C.)
▪ Israelites - Mosaic Code (10 Commandments
▪ Greece - Draconian Code ( 7 B.C.)
▪ India - Hindu Code of Manu (5 B.C.)

“Philippine Laws & Concept”

▪ Eventually, the Spanish Civil Code became effective in the Philippines on December
7, 1889, the “Conquistadore” and the “Kodigo Penal” (The Revised Penal Code today,
1930) was introduced by the Spaniards promulgated by the King of Spain.
Basically, these laws adopted the Roman Law principles (Coquia, Principles of Roman
Law, 1996).

Early Codes in the Philippines

▪ The Code of Kalantiao
• Promulgated in 1433, the most extensive and severe law that prescribes harsh
punishment.
• This legend was previously accepted by many historians; however, recent scrutiny of
scholars shows that the Maragtas is actually a fictitious book of Visayan oral local
legends written by Pedro Monteclaro, a Visayan public official and poet, in Iloilo in 190

Development of Laws: Philippine Laws & Concept

▪ Written Laws One in which has been given definite form at a particular time and
process, usually by a constituted authority of legislature.

▪ Unwritten Laws One in which it is entirely a product of social evolution, consisting

largely of a mass of customs, rites, mores, folkways and tradition.

Basic Functions among the Pillars in the CJS

▪ Police/Law Enforcement Pillar - the frontline of the CJS because they are regarded
as the initiator of the system. DILG - PNP DOJ – NBI

▪ Prosecution - it takes care of evaluating the evidences and formally charges the
suspects before the court. PAO DOJ Ombudsman
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▪ Court - it acquits the innocent and adjudicate penalty for the accused if found guilty.
Sandiganbayan Special courts Regular Civil Courts

▪ Correction Pillar - it is responsible for the incarceration and rehabilitation of the

convicted person to prepare for eventual reintegration in the community. DOJ – BuCor
BJMP DSWD

▪ Community - it helps the penitent offender to become law-abiding citizen by accepting

the ex-convicts’ reentry and assists said penitent offender lead a new life as a
responsible member of society.

The Police or the Law Enforcement Pillar

Theories of Police Service

1. Home Rule - Policemen are considered as servants of the community.

2. Continental - Policemen are considered as servants of higher authority.

Concept of Police Service

1. Old Concept The yardstick of police efficiency is the number of arrests. Police is a
repressive machinery in crime prevention.
2. Modern Concept The yardstick of police efficiency is the absence of crime
crime/lesser number of crimes committed.

Police Discretion -It is the wise use of one’s judgment, personal experience and
common sense to decide a particular situation. Abuse of discretion resulting to injury to
persons or damage to property is punishable. So the police must be guided by some
basic concepts such as COMMON SENSE, PERSONAL EXPERIENCE, and SOUND
JUDGMENT.

What is Arrest?
-is the taking of a person into custody in order that he may be bound to answer for the
commission of an offense.

MANNER OF CONDUCTING ARREST

- An arrest is made by actual restraint of a person to be arrested, or by his submission
to the custody of the person making an arrest.

WARRANT OF ARREST
- Warrant of arrest is an order in writing issued in the name of People of the Philippines,
signed by the judge and directed to a peace officer, commanding him to arrest a person
or persons stated therein and deliver them before the court.
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The requisites of a valid warrant of arrest are the following:

a. It shall be issued upon probable cause;
b. The probable cause is determined personally by the judge upon examination under
oath or affirmation of the complainant and the witnesses he may produce; and
c. Particularly describing the person to be arrested. (Sec 2, Art 3 of the Philippine
Constitution)

LIFE SPAN OF WARRANT OF ARREST

-As long as the person stated in the warrant of arrest is not arrested, it shall remain valid
even if several years already lapsed.
-However, 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.

WARRANTLESS ARREST
When Warrantless Arrest or Arrest Without Warrant is Permitted?
The general rule is still, "no person can be arrested without a warrant.
However, there are the exemptions under the Rules of Court: a peace officer or a
private person may, without a warrant, and arrest a person:
A. When, in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense (ln flagrante delicto arrest);
-Inflagrante Delicto arrest – when in his presence, the person to be arrested has:
▪ Committed; ▪ Is actually committing an offense; and ▪ Is attempting to commit.

▪ Translation: In flagrante delicto [Latin] – Literally, “caught in the act of wrong”.

B. When an offense has just been committed and he has probable cause to believe
based on personal knowledge of facts or circumstances that the person to be arrested
has committed it (Arrest in hot pursuit);

-Hot Pursuit arrest – when an offense has:

❑ Just been committed; and ❑ He has probable cause to believe based on personal
knowledge of facts or circumstances that the person arrested has committed it.

C. 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
- (Arrest of an escapee). Arrest of fugitives from justice – persons who has escaped
from a penal establishment, place of confinement etc. while serving sentence,
temporarily confined, or case is still pending – may be arrested under the theory that “he
is engaged in the commission of a continuing offense” (Parulan v. Director of Prisons,
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22 SCRA 639).

In cases falling under paragraphs (a) and (b) above, the person arrested without a
warrant shall be forthwith delivered to the nearest police station or jail and shall be
proceeded against in accordance with section 7 of Rule 112. (Section 5, Rule 113)

What is SEARCH WARRANT?

- A 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

Search- is defined as the act of looking into carefully in order to find some concealed
items.
Seizure- is to take into custody of something.

Elements of Search Warrant:

1. Written order
2. Signed by the judge in the name of the People of the Philippines
3. Commanding a peace officer to search personal property
4. To seize and bring such personal property to the court POWER TO CONDUCT
SEARCH.

General Rule: A warrant is needed before search. Validity of warrant is 10 days

from its date.

WARRANTLESS SEARCH
a. Search incidental to lawful arrest- A person lawfully arrested may be searched for
dangerous weapons or anything which may have been used or constitute proof in the
commission of an offense without search warrant.
b. Consented search- the right against unreasonable search and seizure may be
voluntarily waived by a person being searched.
c. Plain view doctrine- illegal things at sight may be seized even without a warrant to
do so. The things must be readily seen without any effort of locating it.
d. Search conducted by Bureau of Customs
e. Search conducted by Security Guards on post.
f. Search in moving vehicles/checkpoints- Under search in moving vehicle especially
in checkpoints, moving vehicles may be searched provided that it is limited to visual
search.

WHEN TO SERVE SEARCH WARRANT?

-The search warrant must direct that it be served in the day time, unless the affidavit
asserts that the property is on the person or on the place ordered to be searched, in
which case, a direction may be inserted that it be served at any time of the day or night.
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CUSTODIAL INVESTIGATION

What is custodial investigation? What are its requisites?

Custodial investigation- is any questioning initiated by law enforcement officers after a

person has been taken into custody of otherwise deprived of his freedom of action in
any significant way.

What are the rights of persons under custodial investigation?

a) Right to be informed of his right to remain silent;
b) Right to have a competent and independent counsel preferably of his own choice or
to be provided with one;
c) Right against torture, force, violence, threat, and intimidation or any other means
which vitiates his free will;
d) Right not to be held in secret, solitary, incommunicado, or any other similar forms of
detention.

INTERVIEW vs INTERROGATION

INTERROGATION- An interrogation is a questioning of a person suspected of having

committed a crime or of a person who is reluctant to make a full disclosure of
information in his possession which is pertinent to investigation.

INTERVIEW- An interview is the questioning of a person who is believed to possess

knowledge that is of official interest to the investigator.

CONFESSION VS ADMISSION

CONFESSION Is the direct acknowledgement of guilt, while admission is the indirect

acknowledgement of guilt.

The Philippine Prosecution System

- In this pillar of justice system, determination of the legality of the action of the law
enforcer and the evaluation of evidence presented takes place. Likewise, presence of
PROBABLE CAUSE to warrant prosecution known as PRELIMINARY INVESTIGATION
will be determined.

Three Main Functions of Prosecution Pillar:

1. To conduct preliminary investigation;
2. To conduct inquest proceeding; and
3. To act as the lawyer of the state in criminal prosecution.
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Prosecution
▪ It is the legal process or method whereby accusations are brought before a court of
justice to determine the guilt or innocence of the accused.
▪ It may also refer to the agency responsible in presenting the government’s position in
criminal cases and evaluating pieces of evidence presented by the law enforcement
pillar.

Prosecutor - is a public officer having an authority to conduct legal actions concerning

the complaint at his office and perform other prosecution functions as provided by law.

Private versus Public Prosecutor:

▪ Public prosecutor – do not just initiate criminal action in the name of the people of
the Philippines, but they also serve as the trial or prosecution officer before criminal
court. Moreover, the prosecutors decide whether or not to prosecute a case, or hold the
case for further action.

▪ Private Prosecutor – One who is not an officer of the government that sets in motion
the machinery of criminal justice against a person whom he suspects or believes to be
guilty of a crime, by laying an accusation before the proper authorities.

▪ Article 100 of the RPC provides that: “civil liability of a person guilty of a felony – every
person criminally liable for felony is also civilly liable”. Because of this, the private
complainant may acquire the services of a private counsel to act as private prosecutor
to protect his civil rights as a result of a felony. However, the private prosecutor is under
the direct control and supervision of a public prosecutor.

Prosecutorial Bodies
✓ Office of the City or Provincial Prosecutors
✓ State Prosecutors under the NPS
✓ Office of the Special Prosecutor
✓ Office of the Ombudsman
✓ Judge Advocates General’s Office for the Military

National Prosecution Service - PD 1275 of 1978

✓ It is empowered to investigate and prosecute all crimes described by the RPC,
investigate administrative cases against its own officers and to review appeals to
resolutions of cases by prosecutors.

Criminal Actions Shall be Instituted as Follows:

A. For offense where preliminary investigation is required, by filing the complaint

with the proper office for the purpose of conducting the requisite preliminary
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investigation.
B. For all offenses, by filing the complaint or information directly with MTC and
MCTC 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 their charters (Section1, Rule 110).

Complaint - a sworn written statement charging a person with an offense.

Executed and Subscribed by the O.P.A.O.
▪ Offended Party,
▪ Any peace officer,
▪ or Other public officer charged with the enforcement of the law violated.

Requisites of a Complaint:
▪ It must be in writing and under oath;
▪ It must be in the name of the People of the Philippines;
▪ It must charge a person with an offense; and
▪ It must be subscribed by the offended party, by any peace officer or public officer
charged with the enforcement of the law violated.

Persons who can file a Complaint:

▪ Offended party;
▪ Any peace officer; and
▪ Other public officer charged with the enforcement of the law violated

Information
▪ An accusation in writing;
▪ Subscribed by the Prosecutor;
and ▪ Filed in the court.

Complaint and Information are:

▪ In writing;
▪ In the name of the People of the Philippines;
▪ Directed against all persons who appear to be responsible for the offense involved.
Complaint/Information is sufficient in form if it states: [N.D.A.N.A.P.]
▪ 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;
▪ The Place where the offense was committed.

Who Must Prosecute Criminal Actions?

▪ By the Prosecutor;
▪ In case of heavy work schedule of the public prosecutor or in the event of lack of
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public prosecutors, the private prosecutor may be authorized in writing by the Chief of
the Prosecution Office or Regional State Prosecutor to Prosecute the case subject to
the approval the court.
▪ Once so authorized to prosecute criminal action, the private prosecutor shall continue
to prosecute the case up to the end of the trial even in the absence of a public
prosecutor, unless the authority is revoked or otherwise withdrawn (AM No. 02-2-07-SC,
Effective May 1, 2002).

What is Preliminary Investigation?

▪ It is not a trial of the case on the merits and has no purpose except that of determining
whether a crime has been committed and whether there is a probable cause to believe
that the accused is guilty thereof.
▪ It is merely prosecutorial and it is often the only means of discovering the persons
who may be reasonably charged with a crime to enable the prosecutor to prepare his
complaint or information.

Purpose of Preliminary Investigation

▪ To secure the innocent against hasty, malicious and oppressive prosecution and to
protect him from an open and public accusation of a crime and from the trouble,
expense and anxiety of a public trial.
▪ To protect the state from having to conduct useless and expensive trials.

Preliminary Investigation when required?

▪ It is required to be conducted before the filing of the complaint or information for an
offense where the penalty prescribed by law is at least four years, two months and one
day without regard to fine.

Preliminary Investigation when NOT required?

▪ In cases where the penalty imposed by law is NOT at least 4 years, 2 month, & 1 day;
and ▪ In case of a valid warrantless arrest [Section 7, Rule 112].

Procedure of Preliminary Investigation

-No complaint or information for an offense cognizable by the RTC shall be filed without
PI having first conducted.

When PI is NOT Required even if the Offense Requires PI

▪ If the person arrested lawfully without a warrant involving offense which requires a
preliminary investigation, the penalty is at least 4 years, 2 months and 1 day, an
information or complaint may be filed against him without need for preliminary
investigation. If he has been arrested in a place where an inquest prosecutor is
available, an inquest will be conducted instead preliminary investigation, the complaint
may be filed directly with the proper court on the basis of the affidavit of the offended
party or arresting officer or person (Section 7, Rule 112).
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▪ The fact that a person was lawfully arrested without a warrant does not absolutely bar
him from availing of preliminary investigation because before the complaint or
information is filed, he may ask that preliminary investigation be conducted. However,
before he is granted the preliminary investigation asked for by him, he must sign a
waiver of the provision of Art 125 of RPC. This penal code imposes a penalty upon a
public officer or an employee who, although having detained a person for some legal
grounds, fails to deliver the person arrested to the proper judicial authorities within the
periods of 12, 18 and 36 hours as the case maybe.

The Inquest Proceeding will be terminated within the period prescribed by law on the ff.
hours: ▪ 12 hrs - light offenses ▪ 18 hrs - less grave offenses ▪ 36 hrs - grave
offenses

▪ By virtue of RA 7438, any waiver by the person arrested or detained 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 (Section 2, RA 7438 and Rules of
Court).

▪ The waiver of Art 125 of RPC does not bar the person arrested from applying for bail
and even while the preliminary investigation is pending. This preliminary investigation
must be terminated within 15 days from its inception (Section 7, Rule 112).

▪ If the complaint or information has been filed without preliminary investigation, the
accused who desires a preliminary investigation, may, within 5 days from the time he
learns of its filing ask for preliminary investigation (Section 7, Rule 112).

▪ Within 10 days after the investigation, the investigating officer shall determine whether
or not there is sufficient ground to hold the respondent for trial (Section 3, Rule 112).

Inquest Procedure
✓ The inquest officer must first determine if the arrest of the detained person was made
in accordance with law.
✓ If he finds that the arrest was not made according to the Rules, he shall recommend
the release of the person and prepare a brief memorandum indicating the reasons for
the action taken.

The inquest proceedings shall be deemed commenced upon receipt of the inquest
officer from the police authorities of the complaint/ referral documents, which shall
include the ff:
▪ affidavit of arrest
▪ investigation report
▪ statement of the complainant and witnesses
▪ other supporting evidences gathered in the course of the investigation
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▪ When in the presence of the arresting officer, the person to be arrested has
committed, is actually committing or is attempting to commit an offense.

The inquest prosecutor shall determine whether the matter is a proper inquest case.
Determining whether the arrest made is legal in accordance with the Rules.
▪ When an offense has in fact just been committed, and he has personal knowledge of
the facts indicating that the person to be arrested has committed it.

If the Inquest Prosecutor finds that the arrest made by the police without warrant
is NOT PROPER, the IP shall execute the following:
▪ Recommend the release of the detained or arrested person.
▪ Note down the disposition on the referral document.
▪ Prepare brief memorandum indicating results of the action taken.
▪ Forward the same together with the records of the case to the City or Provincial
Prosecutor for appropriate action.

If the Inquest Prosecutor finds that the arrest made by the police without warrant
is PROPER, then the IP shall start the PI. But since the PI will last for 15 days
upon its inception, therefore, the Prosecutor must be able to comply the
following:
▪ Waiver of the respondent, waiving the provisions of Art. 125, RPC with the assistance
of the counsel and the arrested person.
▪ The IP will then forward the case to the City or Provincial Prosecutor for PI.

Probable Cause
▪ The existence of such acts and circumstances as would excite the belief, in a
reasonable mind, acting on the facts within the knowledge of prosecutor, that the person
charged was guilty of the crime for which he was prosecuted (Gonzales vs Hong Kong
and Shanghai Banking Corp, 537 SCRA 255).

Presence of Probable Cause

▪ If the inquest officer finds no probable cause exists, he shall prepare the
corresponding complaint or information with the recommendation that the same be filed
in court.

Absence of Probable Cause If the inquest officer finds no probable cause, he

shall:
1. Recommend the release of the arrested or detained person;
2. Note down the disposition on the referral document;
3. Prepare a brief memorandum indicating the reasons for the action taken; and
4. Forthwith forward the record of the case to the City or Provincial prosecutor for the
appropriate action.

Clarificatory Hearing
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▪ If there are facts and issues to be clarified from a party or witness - within 10 days
after submission of counter affidavit. No direct examinations. Questions must be
addressed to the fiscal.

Inquest Procedure: RULES

❑ Resolution – within 10 days after the investigation.
❑ Forwarding of fiscals’ resolution to superiors – within 5 days
❑ Superiors shall act on the resolution – within 10 days

Remedies of an offended party against a fiscal who refuses unreasonably or

unjustifiably to file information.
▪ File a motion for reconsideration.
▪ File an administrative appeal to the Department of Justice.
▪ File an administrative case against the prosecutor.
▪ File a civil case against the prosecutor
▪ File a special civil action for grave abuse of discretion.
▪ To file a criminal case against fiscal.
▪ File an action for mandamus to compel the prosecutor or fiscal to file the information.

What is Mandamus?
▪ (Man-dame-us) n. Latin for "we order," a writ (more modernly called a "writ of
mandate") which orders a public agency or governmental body to perform an act
required by law when it has neglected or refused to do so.

When to Appeal?
▪ Within a period of 15 days from receipt of the questioned resolution by the party of his
counsel. ▪ Interrupted by the filing of motion for reconsideration within 10 days from
receipt of the resolution and shall continue to run from the time the resolution denying
the motion shall have been received by movant or counsel.

Non-appealable Cases, Exceptions:

▪ Resolution of the State Prosecutor/ Regional State Prosecutor/ Provincial or City
Prosecutor finding probable cause EXCEPT upon showing or manifest error or grave
abuse of discretion.
▪ Where the appellant had already arraigned.
▪ If appellant is arraigned during the pendency of the appeal, the appeal shall be
dismissed motu propio.

Appeals from Resolution in PI/Reinvestigations Procedure

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1. Filing of the appeal by the appellant within 15 days from the receipt of questioned
resolution. Period is interrupted by the filing of motion for reconsideration within 10 days
from receipt of the resolution and continues to run from the denial of the motion.
2. Filing a verified answer by the appellee within a non-extendible period of 15 days
from receipt of copy of the appeal.
A. If no answer is filed, case is resolved on the basis of the appeal.
B. Appellant may withdraw appeal at any time.
C. He may, at any time after appeal has been perfected and before the resolution
thereof, file a motion for reinvestigation on grounds of new material evidence.
3. The Secretary of Justice may reverse, affirm or modify appealed resolution or he
may, motu propio, on motion of the appellee, dismiss outright the appeal on the
following grounds:
A. Offense has prescribed.
B. No showing of any reversible error.
C. Procedure or requirements not complied with.
D. Interlocutory in nature except on allegations of a prejudicial question.
E. Legal or factual grounds exist to warrant a dismissal.

4. Aggrieved party may file a motion for reconsideration within a nonextendible period of
10 days from receipt of the resolution on appeal. No second motion for reconsideration
shall be entertained.

If the accused is maliciously charged with an offense, he may institute a writ of

injunction or prohibition to restrain a criminal action on the following grounds:
A. To afford adequate protection of the constitutional rights of the accused.
B. When necessary for the orderly administration of justice or to avoid oppression or
multiplicity of actions.
C. When there is a pre-judicial question which is sub-judice.
D. When the acts of the officer are without or in excess of authority.
E. When the prosecution is under an invalid law, ordinance or regulation.
F. When double jeopardy is clearly apparent.
G. When the court has no jurisdiction over the offense.
H. Where it is a case or prosecution rather than prosecution.
I. Where the charges are manifestly false and motivated by the lust or vengeance.
J. When there is clearly no prima facie case against the accused and a motion to quash
on that ground has been denied.

Other Related Topics:

Katarungang Pambarangay
▪ It was created by the virtue of Presidential Decree 1608 on June 1978.
▪ Likewise, Republic Act 7160 (Local Government Code of 1991) integrated provisions
to strengthen the katarungang pambarangay.
▪ It was created purposely to give the appropriate barangay chairman and barangay
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lupon officials to amicably settle cases within their jurisdiction.

Composition of Katarungang Pambarangay

1. Lupong Tagapamayapa - It is composed of the Barangay Captain as chairman and
not less than ten (10) nor more than twenty (20) members. It exercises administrative
supervision over the conciliation panels. Usually meets once a month.
Tagapamayapa, Qualifications: ▪ He/she must be residing or working in the barangay; ▪
Has integrity, impartial and has a sense of fairness and good reputation for being
honorable; and
▪ He/she should not be expressly disqualified by law (Sec. 399 [b], RA 7160).

2. Pangkat Tagapagkasundo
▪ It is composed of 3 selected members among the lupong tagamayapa, and chosen by
the parties concerned, if it fails to choose, the Chairman will choose among the member
of Lupon.
▪ It conducts barangay mediation after mediation efforts by the lupon chairman fails. It is
the second attempt to arbitrate parties.

Role of Prosecution Pillar

Important function in the Criminal Justice System
-To maintain and recognize the rule of law through the speedy delivery of service
particularly in the investigation and prosecution of all crime under the Revised Penal
Code, Presidential Decrees and other Special Penal Laws.

Adversarial System ✓ The victim or his representative have the primary responsibility
for finding and presenting evidence to the court.
Inquisitorial System ✓ The judge searches the facts, listens to witnesses be taken and
investigate to prove the guilt or innocence of the accused.
Mixed System ✓ It adopts both inquisitorial and adversarial, where the victim or his
representatives provides facts, evidence and testimony of witnesses to prove the guilt of
the accused.