CRIMINAL PROCEDURE

DIFFERENT PROBABLE CAUSE

1. PROBABLE CAUSE IN FILING OF AN INFORMATION

 Facts and circumstances that would engender a well-grounded
belief that a crime has been committed and the person to be
charged is probably guilty thereof

2. PROBABLE CAUSE IN THE ISSUANCE OF A SEARCH

WARRANT
 Facts and circumstances that would lead a reasonable discreet and
prudent man to believe that there has been a crime committed and
the things and objects connected to the crime committed are in the
to be searched

3. PROBABLE CAUSE IN THE ISSUANCE OF A WARRANT OF

ARREST
 Facts and circumstances that would engender a well-grounded
belief that a crime has been committed and the person to be
arrested committed it.

WHEN IS AN ARREST WITHOUT WARRANT LAWFUL?

 A peace officer or private person may arrest without warrant:

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

actually committing, or is attempting to commit an offense;
2. When an offense has just been committed and he has probable cause
to believe based on personal
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.
4. In hot pursuit

A POLICE OFFICER WAS CHASING A PERSON WHO HAS JUST

COMMITTED AN OFFENSE. THE PERSON WENT INSIDE A HOUSE,
SO THE POLICE OFFICER FOLLOWED. INSIDE THE HOUSE, THE
POLICE OFFICER SAW DRUGS LYING AROUND. CAN HE
COFISCATE THE DRUGS AND USE THEM AS EVIDENCE?
 Yes. The plain view doctrine is applicable to this case because
there was a valid prior intrusion. The police officer inadvertently
discovered the evidence, he has a right to be there, and the
evidence was immediately apparent.

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WHAT IF THE OFFICER MERELY PEEKS THROUGH THE WINDOW
OF THE HOUSE AND SEES THE DRUGS, CAN HE CONFISCATE
THEM AND USE THEM AS EVIDENCE?
 He can confiscate them, without prejudice of his liability for
violation of domicile.
 He cannot use them as evidence because the seizure cannot be
justified under the plain view doctrine, there being no previous
valid intrusion.

WHAT IS THE EFFECT IF A WARRANTLESS ARREST IS ILLEGAL?

 It doesn’t render void all other proceedings, including those
leading to the conviction of the accused nor can the state deprived
of its right to convict the guilty when all the facts of record point
to his culpability.

DIFFERENCE OF PRELIMINARY INVESTIGATION AND INQUEST

PROCEEDINGS

Our public prosecutor is the one responsible for both preliminary

investigation and inquest processes, but they have different process and I
will explain the difference of these two. The process of evaluating whether
there is sufficient information to sustain a well-founded belief that a crime
has been committed and that the respondent is most likely guilty and
should be held for trial is known as preliminary investigation. When no
one saw the incident or only the complainant know what happened, a
preliminary investigation is conducted. The persecuted person has not yet
been arrested, which means he has not yet been imprisoned, and there is
no need for an arrest warrant because the offense has not yet been proven.
A murder of three individuals in an apparent where no one witnessed the
crime, for example, prompts the authorities to gather evidence to identify
the perpetrator. The prosecutor’s office has filed a criminal complaint
against him. This initiates a procedure known as preliminary investigation.
The prosecutor, acting as a judge, evaluates whether A is likely guilty of
the offense charged based on evidence presented to him. Note the word
“probably guilty,” which suggest that for the time being, a conclusion that
responder appears to have committed the offense will suffice. The
prosecutor files an indictment with the court based on this probable cause.
The court is now in charge of determining whether responder, now known
as accued, is guilty beyond a reasonable doubt after examining all
evidence. If that’s the case, he’s guilty. Otherwise, he is found not guilty.

While an Inquest is “an informal and summary investigation conducted by

a public prosecutor in criminal case involving persons arrested and
detained without the benefit of a warrant of arrest issued by the court for

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the purpose of determining whether or not said person should remain in
custody and be charged in court.

When a person is lawfully apprehended without a warrant for an

infraction requiring a preliminary investigation, a prosecutor may file a
complaint or information without conducting such preliminary
investigation, but the Inquest Proceeding is conducted. Inquest is an
informal summary investigation. The arresting officer’s affidavit attesting
to seeing the crime will be sufficient in filing the case. The prosecutor can
then file the relevant papers with the court.

To summarize the differences between Preliminary Investigation (PI) and

Inquest Proceedings (IP) are as follows.

1. In PI, the accused is not yet arrested. While in IP, the accused was
arrested without a warrant.
2. The IP can become PI, if the accused will ask for the PI, provided he
will waive Art. 125 of the Revised Penal Code. He will be still
detained unless he will put up bail pending preliminary
investigation.
3. In PI it is to determine whether there is probable cause to file an
Information. While in IP, it determines whether there is a valid
reason for an ongoing detention.
4. In PI it takes more longer days to finish. While in IP it will only take
two (2) or three (3) days.

NOTA BENE:

Preliminary Investigation will only be conducted if the offense the penalty

of which is more than four (4) years, two (2) months, and one (1) day.

Question 1. What form of investigation will be observed if the penalty

imposable is less than four (4) years, two (2) months, and
one (1) day? Explain.

1.1 Answer: See Rule 112

Question 2. What form of investigation will be observed if the penalty

imposable is covered by the Rules on Summary Procedure?
Explain.

2.1 Rulings:
*Summary procedure Section 14
*Preliminary Conference – applicable if complaint already filed
*See Rule 123 connect to Rule 112,

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 *See the Revised Rule on Summary Procedure Section 1, B
*distinguish preliminary investigation vs. preliminary
examination (judicial probable cause)

*One is done by and before the prosecutor, the other is by

the court judge

Answer: Preliminary examination

Question 3. Juan was caught en flagrante delicto snatching a lady bag. He

was the detained by the police. The penalty imposable is
imprisonment of six (6) months. Summarize the procedure
from initiating to file a case until the prosecutor will issue
the Information.

3.1 Answer:
En flagrante delicto-lawful arrest

1. In quest proceeding conducted by a public prosecutor

2. Affidavit of arrest, investigation report, statements
complainant and the witnesses and other supporting
evidence gathered
3. Presence of detained persons
4. Prosecutor prepares the corresponding information upon
the confirmation of probable cause

Ruling:
RPC Article 125
Refer to Riano book, pages 202 Inquest proceedings
211 for physical book, page 212 number 3

Question 4. Pastor was reported by Jean that he raped her. Nobody

saw the alleged incident because the boyfriend of Jean was
killed on the night the he was with Jean, trying to prevent
that Jean will not be raped. Summarize the procedure from
initiating to file a case until the prosecutor will issue the
Information.

4.1 Answer: Preliminary Investigation

 File a complaint
 Resolution
 Dismiss or issue a subpoena attaching to it the copy of
complain (See page 217 Riano Dismissal of the
complaint or issuance of a subpoena; Page 207 for e-
book)
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Preliminary Investigation=does not require full and exhaustive evidences
Murder? Rape Case?
Rape with homicide?
Single Witness Rule (check)

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Question 5. A search warrant was issued by the Court. Pedro, upon
being searched in his house, voluminous drugs were
recovered. Pedro then was arrested. Summarize the
procedure from initiating to file a case until the
prosecutor will issue the Information.

Answer 5.1 Inquest Proceedings, penalty

Refer to Riano book, pages 202 Inquest proceedings
211 for physical book, page 212 number 3
213 for physical book, check also possible
options of the inquest prosecutor.

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 Case: En flagrante delicto – voluminous drugs were
recovered.
R.A.9165, Section 21

Sec. 2, Rule 126

Sec.11 Receipt for the property seized
Sec.12 Delivery of property and inventory thereof to court; return and
proceedings thereon.
R.A.9165

NOTE:

Use numbers or indicators as “First,” “Second,” etc. So your Professor can

read it better. Submit a hard copy of your answer to the beadle on the first
day of the class next week.