5 pillars in ph crim justice system

to maintain peace in order

prevent to crime
inforce law
apprehencion to prevent the law

pnp nbi etc

prosec
court
correction (bjmp)
community

reacting towards the breaking of law*

-Crime as a social phenomenon
(hangga't merong tao merong Krimen)
Making a law and breaking a law

society breakings of law

-phenology studied of punishedment

Policies Strategies
Crime Suppression
(it is a modern approach in crime control.)(Arestuhin, inbistigahan, trial, correction, and
punishment of the culprit/prison)

Crime Prevention
(wala pang nangyayareng krimen, pero pipigilan mo ito bago ito mangyare.)( ieexpect mo
na mangyayare na yung krimen kahit hindi pa ito nangyayare

what is the difference between PNPA and BSCRIM

BSCRIM dito yung pag graduate mo after 4yrs in college mag aapply ka sa gusto mong
trabaho na pasukan tulad ng bjmp pnp at bfp
PNPA dito mag aaral ka ng 4yrs sa loob nga academy at dun ka hahasain upang pag labas
mo sa kampo ay ikaw ay Lieutenant na agad

Paano mag file ng isang criminal case

1. ipa-blotter ang krimen na nangyare sa brgy
2. mangalap ng ebidensya
3. gumawa ng complaint affidavit sa tulong ng abogado
4. ifile ang complaint affidavit sa office of the city or provincial prosecutor
5. lumahok sa preliminary investigation ng presecutor
6. aalamin ng investigating prosecutor kung mag batayan ang paratang mo
7. iimbestigahan ng judge kung dapat idismiss o litisin ang kaso
8. makilahok sa paglilitis

type of body
theory of ernst kretschmer
-picknic(mataba)
snatching etc basta chill or relax
-athletic(malake katawan)

-asthenic(payatot)

Criminal investigation
identity and location of the offender and provides evidence of guilt through criminal
proceedings
to identify the guilty party
to locate the guilty party
to provide evidence of his guilt

CLAW 1-1

criminal justice system

-they used the society/ government to control the crime
-it is a tool the protect society

dito papasok na ang apprehension, prosecution, trial, conviction, sentencing, and

rehabilitating or correcting criminal offenders

5 pillars in ph crim justice system

to maintain peace in order
prevent to crime
inforce law
apprehencion to prevent the law

pnp nbi etc

prosec
court
correction (bjmp)
community

Components of the Philippine CJS

1. Police anti-crime Emergency Response Team (PACER)
2. Bureau of internal revenue (BIR)
3. Land Transportation Office (LTO)
4. Bureau of Customs (BOC)
5. Bureau of Immigration (BOI)
6. Economic and Intellegence and Investigation Bereau (EIIB)
7.Food and Drug Administration (FDA)
8. Philippine Coast Guard (PCG)
9. Marine Industry Authority (MARINA)
10. Bereau of Forest Development (BFD)
11. Department of Agriculture (DA)

THE ROLE OF THE POLICE IN THE SYSTEM ARE THE FOLLOWING:

1. To arrest the suspect
-By virtue of warrant of arrest
-Warrantless arrest (rule 113. sec 5 rule of court)
2. To conduct investigation
3. To gather & preserve evidences
4. To transmit the record of the case to the court/prosecutor
5. To appear & testify in court

WHAT IS ARREST?
It is the lawful taking of person into custody in order that he may be bound to answer for
the commision of the offense.

WHO IS PROSECUTOR?
A person responsible in evaluating evidences presented before him.

What are the role of Prosecutor

-They serve as the lawyer of the states
- office of the court
-Member of department of justice under the executive branch of government

The prosecution and the police

Prosecutorial discretion typically enters the police immediately after the arrest when the
police investigate reports are forwarded to the prosecutor
A. Certainty of the arrest by the police
B. Certainty of the conviction by an effective prosecution
C. certainty of appropriate sentencing by the court
A court is an institution that the government sets up to settle disputes through a legal
process. People come to court to resolve their disagreements. ... Courts decide what really
happened and what should be done about it. They decide whether a person committed a
crime and what the punishment should be.

WHAT IS THE ROLE OF THE COURT IN THE SYSTEM

1. To settle actual controversies involving rights which are legally demandable &
enforceable
2. To determine whether there has been grave abuse of discretion amounting to lak of
excess of jurisdiction on the part of any branch of government.
3. To render authoritative judgement
4. The final arbiter for justice
5. The frontline of democracy, freedom & human dignity
6. The only institution capable of identifying & maintaining the proper balance between
the conflicting rights of the individual & those of the state & society
7. It is the court that everyone turns to for justice
8. It is twisted as a shield of innocence in the impartial guardian of every private civil
rights
9. It is the court that our citizens primarily feel the keen cutting edge of the law
10. The only constitution capable of identifying and maintaining the proper balance
between the conflicting rights of the state & society

WHO IS JUDGE?
A public offices so name in his commission (written evidence of appointment &
appointed to preside over & to administer the law in a court of justice

COMMUNITY INCLUDES
1. home-cradle of human personality
A. parental discipline
B. Ultimate objective of parental discipline
2. School
3. Church
4. Mass Media-info, Dissemination & best source of knowledge

2 FOLD MISSIONS OF THE COMMUNITY

1. It has the responsibility to participate in Law Enforcement activities

2. Promotion of peace & order-crime prevention & deterrance

5 Fingers
The THUMB FINGER REPRESENT THE LAW ENFORCEMENT
The INDEX FINGER REPRESENTS THE PROSECUTION
The MIDDLE FINGER REPRESENTS THE COURT
The RING FINGER REPRESENTS THE CORRECTION
The LITTLE FINGER REPRESENTS THE COMMUNITY

However if you commit another crime as when you use your little finger to clean your
nostril
the thumb will clean the mess from your little finger as when you will be arrested which
the thumb is a representation of law enforcement

LAW ENFORCEMENT TO PROSECURTION TO COURT TO CORRECTION

PRELIMINARIES

Who is Criminal- eto yung gumawa ng krimen at napatunayan sa korte na sya yung
gumawa non.
Kapag ikaw ay inaresto palang ang tawag sayo is Suspect.
Complaint that person arrested is called accused.
When the accused he is already a criminal.
Kapag nakalaya kana ang tawag sayo Xconvic

Noun- It refers to a person charged with a criminal case before a court

Verb- it refest to the past tense of accuse
Accused- Is a verb synonymous with the word SU

So sinasabi dito na ang Criminal is one who committed the crime

Law enforcement Stage- is called suspect
Prosecution stage - is called respondent
Probable call was established the case was filed in court then the person is called accused
a person who charge with a crime is criminal
then once the person recieved a final judgement is convict

Definition of Crime
Crime is punishable by law, violation of the revised panel code

you have to remember this LEGAL MAXIM (NULLUM CRIMEN NULLA POENNA
SINE LEGE) it means THERE IS NO CRIME WHEN THERE IS NO LAW
PUNISHING IT

HAYDEN KHO WAS ACQUITTED meaning he did not violate any law
Other law that related to this law is the REPUBLIC of 999 for REPUBLICAN 9995
which is also known as anti-photo individual veyeurism act of 2009

Cyber crime which is REPUBLIC of 10175 also known as CYBER CRIME

PREVENTION ACT OF 2012
RA 9995 is hidden go and the one who created the law is RA 10175

We have right now is we have the jew process of law, we have the rights of the accused
when a person is charged with a criminal offense so that person shall be subjected for
due process that there must be presentation of evidence and we have the right also the
accused (S'ya ay mananatiling inosente hangga't sya ay hindi pa guilty)

CLASSIFICATION OF CRIME
FELONY-Crime punishable under Revised penal code
OFFENSE- Those acts punishable by the special penal laws are called offense

CRIMES under the revised penal code are called felonies though it is not wrong to call
felonies as offenses

CRIMES penalized by special penal laws are termed as offenses

EXAMPLE OF FELONIES UNDER THE REVISED PENAL CODE

Murder
Homicide
Infanticide

OFFENSES UNDER THE SPECIAL PENAL LAWS

Illegal position of Firearm
possessing illegal drugs

SUCH SPECIAL PENAL LAWS are those republic act the united nations
REPUBLIC 9165
we have also the RA 9262

ACCORDING TO PRESENCE OR ABSENCE OF INTENT

There are two
INTENTIONAL CRIME AND CULPABLE CRIME

CRIME: It is an ACT or OMISSION punishable by law

ACT REFERS TO DOLO THAT REQUIRES WITH INTENT

IMISSION REFERS TO KOLPA THAT SPEAKS ABOUT CULPABLE CRIME

INTENTIONAL CRIME(TINANGKA MO ITO AT PINAGPLANUHAN)

CULPABLE CRIME(NEGLIGENCE/ ACCIDENTALLY) KAKULANGAN SA SKILLS

iniisip mo na good shooter ka but in reality you're not

ACCORDING TO GRAVITY
GRAVE, LESS GRAVE, LIGHT FELONIES

ACCORDING TO IMPACT TO THE SOCIETY

CRIME MALA INSE - A crime or an act that is inherently immoral (MURDER,

HOMICIDE, ARSON, RAPE)

CRIME MALA PROHIBITA - It is prohibited by the statute (ILLEGAL POSITION OF

FIREARM, JAY WALKING)

REVISED PENAL LAWS IS REFERS TO THE BOOK 1 AND BOOK 2

FORMAL FELONIES- Those which are always consummated (PHYSICAL INJURY)

MATERIAL FELONIES- Those which have various stage of execution (RAPE, THEFT,
ARSON)
CRIMINAL LAW/LATIN MAXIMS

What is law?
A body of rules of conduct of binding legal force and effect, prescribed, recognized, and
enforced by controlling authority.

What is the highest law in the Philippines?

CONSTITUTION (CONSTITUTION OF PHILIPPINES)

CONSTITUTION - A written instrument (document) by which the fundamental powers

of government are established, limited, and defined, and by which these powers are
distributed among several departments for their safe and useful exercise for the benefit of
the body politic.

OVERVIEW on how did the law evolve?

2100 B.C.
Ur-Nammu_king
Middle-eastern city-state

Hammurabi
282

EYE FOR AN EYE

Lex Talionis

What is Philippine Criminal Law?

Is that branch of law which defines crimes,treats of their nature, provides for their
punishment. (Kapag ikaw ay nahuli at napatunay at napatunayan na ikaw ay may sala,
ikaw ay makukulong dipende sa kung gaano kalaki ang kaso mo)

What are the two foundations of the Philippine Penal Code

The old penal code which is at present known as the revised penal code is based on two
prominent suppositions

CLASSICAL
POSITIVIST

Classical viewpoint of the penal code

1- Human free will
- Retribution (Depicts that when someone committed a crime must recieve a punishment
where he will put behind bars once proven guilty)

2- Placing more stress upon the effect or result of the felonious act that upon the man, the
criminal himself

3- From wrongful acts (FREEWILL - UNIMPAIRED

4- Mechanical and direct proportion (CRIME = Penalty)

POSITIVIST VIEWPOINT OF THE PENAL CODE
1- Man is subduedd occasionally by a strange and morbid phenomenon

CRIME is essentially a social and natural phenomena and as such it cannot be treated in
check by the application of abstract principles of law.

2- Through the enforcement of individual measures in each particular case after a

thorough, personal and individual examination conducted by a competent body of
psychiatrist and social scientist.

CHARACTERISTICS OF CRIMINAL LAW

Generality- Binding on all persons who live or sojourn in the philippine territory
(the revises penal code applies to all persons who commit felonies in philippine territory
regardless of nationality, gender, age or other personal circumtances

EXEMPTIONS
treaties
stipulations or execution agreements
laws of preferential applications
principles of public international law (sovereigns, Head of state, and persons with
diplomatic status and immunity are not subject to the provision of rpc or the REVISED
PENAL CODE

CONSOLES AND CONSULAR

CHARACTERISTICS OF CRIMINAL LAW

TERRITORIALITY- Undertakes to punish crimes committed in the philippine territory

types of offense covered by the law

(as a general rule all offenses committed within the philippine territory however there are
also exemptions)
EXEMPTIONS
Article 2 of RPC (provides for extra territorial jurisdiction of our courts

PROSPECTIVITY- (ex post facto law)

Concepts of the criminal law provides that it cannot make an act punishable in a manner
in which it was not punishable when committed which is the EX POST FACTO LAW

WHEN ( no retroactive )
EXEMPTIONS
Favorable to the accused who is not habitual deliquent

ELEMENTS
IT IS FAVORABLE TO THE ACCUSED AND HE/SHE IS NOT A HABITUAL
DELINQUENT
CRIME AND LAW
No act is a crime unless it is so defined by a statute

Criminal acts have both mental and physical elements both of which must be present if
the act to be considered in a crime

ACTUS REUS

(pinapakita ng accused na sya talaga ang guilty, (pinapakita sa galaw )

MENS REA ( guilty mind of the criminal intent to commit the crime which is the MENS
REA)

LEGAL PERSPECTIVE OF CRIME

A. Only conduct that the law specifically prohibit is a crime (NULLUM CRIMEN SINE
LEGE)

B. The law must must prescribe punishment to the crime ( NULLA POENE SINE LEGE)

3. The ex post facto law forbids making conduct criminal retroactively

LATIN MAXIMS

ACCESSORIUS- One who is an accesory to the crime cannot be guilty of a more serious
crime the principal ( good example is by ASSISTING IN PLANNING OR
ENCOURAGING
(ETO AY KUNG NAKATAKAS TALAGA OR TINULUNGAN MO MAKATAKAS
MULA SA NAGAWA N'YANG KRIMEN)

ACTORI INCUMBIT ONUS PROBANDI

THE BURDEN OF PROOF LIES ON THE PLAINTIFF

(KUNG AKO MAG SASAMPA NG KASO MULA KAY ALDRIN, AKO AY
OBLIGASYON KO NA MAG PAKITA NG EBIDENSYA PARA MAPATUNAYAN KO
NA SI ALDRIN ANG MAY KASALANAN NOT UNLESS IF THE CASE IS SELF-
DEFENSE THEN AKO AY HINDI NA PANINIWALAAN AT MAPUPUNTA IYON
KAY ALDRIN NA ANG LALABAS SA NANGYARING KRIMEN IS SELF-
DEFENSE)

ACTUS NON FACIT REUM NISI MENS SIT REA

The act does not make one guilty unless there be a criminal intent (kapag ay may
ginawang hindi karapat dapat, sa mata ng tao ikaw ay makasalanan at ikaw ay
mahihirapan idefend ang sarili mo
CRIMINAL MIND AND CRIMINAL INTENT
THE ACTUS REUS AND THEN THE MENS REA

ACTUS REUS- A GUILTY DEED OR ACT

OR MORE THAN JUST GUILTY ACTS IT ALSO INCLUDES A RANGE OF OTHER
BEHAVIOR REQUIREMENTS

DIFINED IN EACH CRIMINAL OFFENSE

A GOOD EXMAPLE THE ACTUS REUS OF THEFT IS TAKING SOMEONE ELSE'S
PROPERTY (IN SHORT KINUKUHA MO ANG BAGAY NG HINDI NAMAN SAYO
AT ITO AY WALANG PERMISO GALING SA MAY ARI NG ISANG BAGAY
NAYON)
AND THE ACTUS REUS MURDER (ETO YUNG WALANG AWA MONG PINATAY
ANG ISANG TAO)

AMICUS CURIAE
A FRIEND OF THE COURT

ANG TUMUTULONG SA ISANG JUDGE NA MAKITA ANG MGA INFORMATION

OR IDENTIFICATION NG ISANG TAO KUNG ITO MAN AY TOTOO

CORPUS DELICTI
THE BODY, I.E. THE GIST OF CRIME
(BODY OF ESSENTIAL FACTS THAT TAKEN TOGETHER PROVED THAT A
CRIME HAS BEEN COMMITTED

ITS DOES NOT REFER TO THE BODY OF THE CORPSE BUT THESE ARE THE
BODY OF ESSENTIAL FACTS THAT CAN BE USED TO PROVE THAT THERE IS A
CRIME COMMITTED

DAMMUN SINE INJURIA

DAMAGE WITHOUT LEGAL INJURY (IT IS THE LEGAL INJURY CAUSED TO

THE PLAINTIFF WITHOUT ANY DAMAGE TO THE PHYSICAL INJURY)

DOLI INCAPAX
Incapable of crime- it refers to the presumption that a child is incapable of crime under
statutory law ( 9yrs old it is presumed that he/she can't possibly commit a crime the
presumption that a child cannot he or she does not yet have a sufficient understanding,
pertaining what is right and what is wrong ( sinasabi dito na kapag ang bata or 9yrs old
pababa na siya ay hindi pa nakakaintindi kung ano ang tama sa mali kaya kinoconsidered
parin ng court na kapag ang bata ang nakagawa ng krimen ito ay mananatiling inosente)

DORMIUNT LEGES ALIQUANDA, MUNQUAM MORIUNTUR

THE LAWS SOMETIMES SLEEP, BUT NEVER DIE
(SINASABI DITO NA ANG MGA MATATAGAL NG BATAS AY HINDI PARIN
NAWAWALA SIGURO HINDI LANG NAGAGAMIT DAHIL SA MGA BAGONG
BATAS NA PINAHIGPIT PERO YUNG MGA DATIING BATAS NA NAITATAG AY
HINDI PARIN NAWAWALA.) (AROUND 1970s INTO 1990s) AS LONG AS THAT
LAW WAS NOT YET REPEALED

EXPOST FACTO
BY REASON OF SUBSEQUENT ACT
CRMINALIZING CONDUCT THAT WAS LEGAL WHEN ORIGINALLY
PERFORMED

HABEAS CORPUS
THAT YOU HAVE THE BODY
(REQUIRING A PERSON UNDER ARREST TO BE BROUGHT A JUDGE OR INTO
COURT ESPECIALLY TO SECURE THE PERSON'S RELEASE UNLESS LAWFUL
GROUNDS ARE SHOWN FOR THE FURTHER DETENTION

(IT ALLOWS A PRISONER TO INDICATE THAT HIS/HER CONSTITUIONALLY

GUARANTEED RIGHTS TO FAIR TREATMENT A TRIAL HAVE BEEN
INFRINDGED UPON

IGNORANTIA FACTI EXCUSAT, IGNORANTIA JURIS NON EXCUSAT

IGNORANCE OF FACE EXCUSES, IGNORANCE OF LAW DOES NOT EXCUSE

(SINASABI NG IBA NA ANG IGNORANCE OF THE LAW AY WALANG

MAKAKALIGTAS NA KAHIT SINO MAN, KAHIT NA IKAW AY WALANG ALAM
SA BATAS IKAW AY HINDI PARIN EXEMPTED SA GINAWANG MONG
KASALANAN SA BATAS)

(AKO AT SI ALDRIN AY HINDI KAMI AWARE SA BATAS NA NAPATUPAD AT ITO

AY HINDI NAMIN INAASAHAN NA MAVIVIOLATE NAMIN IYON, HINDI KAMI
EXEMPTED SA BATAS NA IYON KAHIT HINDI NAMIN IYON ALAM PERO
KAMI AY MANANATILING INOSENTE HANGGA'T HINDI PA KAMI
CONVICTED

IN DELICTO
AT FAULT

(NAKITA KA NG IBANG TAO NA GINAWA MO IYON)

(AKO AY NAKITA NI KAYE NA PINATAY KO SI ALDRIN)

INJURIA NON EXCUSAT INJURIAM

A WRONG DOES NOT EXCUSE A WRONG

(DITO SINASABI RITO NA ANG NAGAWA MONG KASALANAN HINDI MO

PWEDE SABIHIN NA HINDI MO IYON SINASADYA LIKE KUNWARE NA
SINAPIAN KA NG ISANG DEMONYO, HINDI MO PWEDE IEXCUSE YON SA
KORTE DAHIL IISIPIN NILA NA IKAW AY DRUG ADDICT.)

LEX PROSPICIT NOT RESPICIT

THE LAW LOOKS FORWARD, NOT BACKWARD

(ANG BATAS NATIN AY PA ENHANCE NANG PA ENHANCE AT HINDI ITO

PALUWAG NANG PALUWAG)

MALA FIDE
IN BAD FAITH

(THE INTENTIONAL OR MALICIOUS REFUSAL TO PERFORM SOME DUTY OR

CONTRACTUAL OBLIGATION

MALA IN SE
BAD IN THEMESELVES

(IT REFERS TO CRIME SUCH AS MURDER, RAPE, AND DEATH)

MALA PROHIBITA
CRIMES PROHIBITED

(GINAWA MO ANG ISANG BAGAY NA HINDI MAKATARUNGAN)

MALO ANIMO
WITH EVIL INTENT

(BAD INTENTION)

MENS REA
GUILTY STATE OF MIND

(KAHIT HINDI PA NAPAPATUNAYAN SA KORTE NA MAY KASALANAN KA,

ALAM MO SA SARILI MO KUNG MAY KASALANAN KABA OR WALA)

NEMO BIS PUNITOR PRO EODEM DELICTO

NO ONE CAN BE TWICE PUNISHED FOR THE SAME OFFENSE

(KAPAG ANG ISANG TAO AY NAKULONG NG DALAWANG BESES SA ISANG

KASO ANG TAWAG SA KASO NA YON AY DOUBLE CHEW PARTY KASE
BAWAL ANG DALAWANG PANGALAN MO SA ISANG KASO DAPAT ONE IS TO
ONE)( RA 7438)

POST MORTEM
AFTER DEATH
MAKIKITA SA AUTOPSY ANG IYONG MGA FINGER PRINT OR KUNG
GINAMITAN MO NG DAHAS ANG PAG PATAY PARA ITO AY MAGAMIT SAYO
AT IKAW AY MAGING GUILTY SA COURT

PRIMA FACIE
ON THE FACE OF IT

(KAPAG ANG LALAKE KASAMA ANG KANYANG KASAMA NA MAY

KASAMANG IBANG LALAKE AT MAY NANGYARI DUN SA MAG ASAWA, ANG
PRIMARY SUSPECT IS YUNG ISA PA NILANG KASAMA

VOLUNTAS IN DELICTIS NON EXITUS SPECTATUR

IN OFFENSES THE INTENT AND NOT THE RESULT IS LOOKED AT

KAPAG ANG BATA AY NAPATAY KA KAHIT HINDI PA ITO NASA LEGAL AGE
ANG BATA AY MAKUKULONG PERO ITO AY MANANATILING INOSENTE

CLAW 1 PART 1

Gravity
Grave: is the highest penalty
Less Grave: correctional
Light felonies: lowest penalty, arrest to menor

Stages of execution

Attempted: tinangka mo yung isang krimen pero nabuhay ang biktima ( you do not
perform all elements of execution (attempted Homicide)

Frustrated: Natagumpayan mo ang krimen na pag patay sa kanya ( you perform all the
elements of execution) (Frustrated homicide)

Consumated: Nakonsensya ka at nagawa mo ang lahat ng elements of execution

Act of legal maxims

Actus reus
Act or omission

unlawfull act
an act of bodyly movement that producesses result of his act

Act that prohibited by the law

Acts or omission are punishable by the law

Intent: Mens rea

intensyon mong gawin ang isang krimen
Instrumentality
Knife
rifle
etc that used the execution of crime

Opportunies
Chances to a person that committed a crime

3 basic elements of crime

Motive intent opportunies

Intent requires act

frustration:
Felonies or Offense:

Crime need an Acts

Final judgement
15days your time to appeal your evidences

pag wala ka paring naisumite na ebidensya within 15days, korte na ang mag dedecide na
gawin kang guilty

Kung ano ang desisyon ng supreme court, siya ang masusunod at susundin ng mga
regional court at iba pa

When the case is decided finallity by the supreme court therefore the case is already
closed, YOU CAN NOT APPEAL IT TO THE PRESIDENT

Persons Equality

The right of the accused is WAG SIYA MAG SASALITA NG KAHIT ANO DAHIL
LAHAT NG PWEDE NIYA SABIHIN AY PWEDENG GAWING PANLABAN SA
KANYA. Under RA No 7438

Both parties are given a chances to present their evidence and to defend theirself
Burden of Proof lies of the prosecution
The prosecution have obligation to present the evidences to the court.
The prosecution must have to proof a evidence
The Accused still innocent until proven guilty ( the right of the accused )
In trial court is adversial system
Another system in the Philippines
inquisitorial: The person as guilty until he is innocent (preliminaries)

Burden of proof for Civil case

preponderance of evidence: kung sino ang may malakas na ebidensya, sya ang papaboran
ng korte

Mixed system in the Philippines

Inquisitorial: during PRELIMINARIES investigation

adversarial: during trial

Jew process of the Philippines is to give equally, PEACE ORDER by the society

TREAT PERSON EQUALLY

PART 2

Division of Philippine Law

Substantive Law: It refers to law the creates a right and obligation of a person defined
their status.

their have a categories which is the PUBLIC AND PRIVATE LAW

Substantive law: Law of contract, Real Property

Crimes punished according to its acts

an act become a crime when it is penalies or punished by law

any acts done by a person which are define by the law his/her are criminal liable his/her
acts

UNCLOS , United Nations Convention of the Laws of the Sea

Jurisdiction at sea in short

HAYDEN KHO was acquitted

Revised Penal laws: ito ay ang mga pagpatay tulad ng murder etc.

Special penal laws: ito yung mga nasulimbat na illegal

adjective law: The part of the law that governs prosecution and offense
WE HAVE JEW PROCESS OF LAW
You should present evidence to prove innocent

We have a procedure that need to follow

Kailangan nila sundin lahat ng nilalaman sa constitution

Philippine Constitution is the highest law

Philippines is a democratic country

All government authorities..(emminates)??? from them under SECTION 10(1) ARTICLE

2 OF OUR PHILIPPINE CONSTITUTION

THE GOVERNMENT MUST OBSERVE THE RIGHTS OF THE PEOPLE

SOVEREIGN (COUNTRY? DIKO MAINTINDIHAN TNGINA!!)

THE GOVERNMENT MUST HAVE TO ACT TO THE WELFARE OF THE PEOPLE

Sovereign (tayong mga tao)

PRIVATE LAW
IT DEALS THE INDIV RIGHTS
EX: (CONTRACT) Pag hindi mo sinunod yung napagusapan sa KONTRATA maaari mo
itong kasuhan.

LABOR LAW: Employier Relationship

INTERNATIONAL LAW.
MORE THAN 1 COUNTRY IS INVOLVED
Ex: Agreement between PH and USA

MUNICIPAL LAW: BATAS SA LUGAR NYO IN SHORT TNGINA HIRAP

INTINDIHIN E (NAPATUPAD NA BATAS SA LUGAR NYO) (PH LAW)
YOU MAY IT APPLIED IT IN OTHER COUNTRY (PEKENG PERA PARA SA
IBANG BANSA?? TNGINA HIRAP INTINDIHIN E) PH BANKNOTE ANG
GINAMIT UPANG MAMEKE NG PERA
INSHORT KAHIT NASA IBANG BANSA SYA ANG MAY SAKOP PARIN SA
KANYA AY ANG PILIPINIS KASE POTNGINA GINAMIT ANG PERA NATIN PARA
MAMEKE

LOCAL LAW: IN A CITY IN OUR COUNTRY

criminal justice system

the system of law enforcement that is directly involved in apprehending, prosecuting,
defending, sentencing, and punishing those who are suspected or convicted of criminal
offences.

Hindi porket ikaw ay nakita nila na gumawa ng krimen, ang korte ay hindi basta basta
maniniwala (intindihin nalang kahit ako nalilito HAAHHAHA )

Kapag napatunayan na sya ang may sala then he/she deserve it to in a prison
it happened when justice is served

everyone will commit a crime

Cjs is made to justice is served and control the crime

everyone didn't want to go in jail

Offender: TAENA DIKO NAINTINDIHAN YUNG MEANING... THE ONE WHO

COMMITTED THE CRIME

TRIAL: ACCUSED (SYA YUNG GUMAWA NG PANANAKIT SA BIKTIMA)

Victim: Who recieved a cause by the offender

pag ako yung sinaktan: VICTIM
pag pamilya: IN DIRECT VICTIM
vice chairman pala si sir ng PNP sa san pablo advisory council, doctor pa kaya pala
doctor wankey tawag sa kanya

CLAW 1

Arrest- is the taking of a person into custody in order that he may be bound to answer for
the commission of an offense ( arrest is the lawful taking the person into the custody )

Arrest by virtue of a Warrant- It shall be the duty of an officer to whom the warrant of
arrest is delivered to the defendant and without unnecessary delay take the person
arrested before the judge or before some other person in authority who issued the warrant
as directed therein. (person can be arrested by virtue of warrant or without warrant)

Rules in conducting arrest

1. No violence or unnecessary force shall be used in making an arrest. ( you dont have a
power to enforce force while arresting ) but it depends in situation.

2. The person arrested shall not be subject to a greater restraint than that necessary for his
detention. ( do not deprived the person liberty or other basic rights, remember the person
is a human )
3. It shall be the duty of the officer executing the warrant to arrest the accused and deliver
him to the nearest police station or jail without unnecessary delay; ( Kapag inaresto mo
yung tao, dalhin mo agad ito sa pinaka malapit na police station, bigyan agad ng action )

4. The head of the office to whom warrant of arrest was delivered for execution shall
cause the warrant to be executed within 10days from its receipt. ( the warrant must be
served within 10 days from its receipt, but it doesn't mean na nag expired na ito sa given
na date when it invalidate the warrant of arrest, NO.) The warrant of arrest issued must
report reason why within 10days the person who arrested was not yet arrested.

5. An arrest may be made on any day and at any time of the day or night (kahit anong
oras pwede gawin ang warrant of arrest )

Requisites of a valid warrant of arrest:

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

OATH- Applicable if the person swearing believes in God

AFFIRMATION- Applicable if the person does not believe in God

Method of Arrest by Officer by Virtue of a Warrant

When making an arrest by virtue of a warrant, the officer shall inform the person to be
arrested of the cause of the arrest and of the fact that a warrant has been issued for his
arrest.
EXCEPT WHEN HE FLEES OF FORCIBLY RESIST BEFORE THE OFFICER HAS
OPPORTUNITY SO TO INFORM HIM, OR WHEN THE GIVING OF SUCH
IMFORMATION WILL IMPERIL THE ARREST

Arrest without warrant; when lawful?

A peace officer or a private person may, without a warrant, 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
B. When an offense has in fact just been committed and he has personal knowledge of
facts indicating that the person to be arrested had committed it; and
C. When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving a final judgement or temporarily confined
while his case is pending or has escaped while being transferred from on confinement to
another.

TAKE NOTE:
The Phrase "caught in the act of committing a crime" is also known as INFLAGRANTE
DELICTO
What if a person lawfully arrested escape?
Any person may immediately pursue or retake him without warrant at any time in any
place within the Philippines. This is known as Hot Pursuit. It may also be called Fresh
Pursuit.

Rights of police officers conducting arrest

A. Right to summon assistance
B. Right to break into building or enclosure; and
C. Right to break out from building or enclosure

Crimes maybe committed by a police officer while conducting arrest, whether with or
without warrant
A. Delay in the delivery of arrested persons to the proper judicial authority (the 12, 18, 36
rule) ART, 125.
B. Unlawful arrest (Art. 269, RPC)
C. Forcible Abduction (Ar.t 342, RPC)
D. Expulsion (Art. 127, RPC)

JANDO WARRANT IS ISSUED FOR THE APPREHENSION OF THE PERSON

WHO'S THROUGH NAMES IS UNKNOWN. (using multiple name)

What is search?
Search warrant 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. (sec1 rule 126 of the rules of the
court) SEARCH WARRANT IS THE ITEM NOT THE PERSON

Requisites of a valid search warrant

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 things and the place to be searched. (sec 2, art3 of the
Philippine Consitution)

SUBJECTS OF SEARCH WARRANT

A search of warrant may be issued for the search and seizure of the following personal
properties:
A. Subject of the offense
B. Stolen or embezzled and other proceeds or fruits of the offense; and
C. Used or intended to be used as a means if committing a crime. (Sec 3, Rule 126 of the
rules of court)

WHEN TO SERVE A SEARCH WARRANT?

The search warrant must direct that it be served in the daytime, 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. (sec9, rule 126
of the rules of court)

LIFE SPAN OF SEARCH WARRANT

A search warrant shall be valid within 10days from its day. Thereafter, it shall be void.
(sec 10, rule 126 of the rules of court)

WHAT IS THE DISTINCTIONS BETWEEN WARRANT OF ARREST AND SEARCH

WARRANT?

(orders of the right issued by the people.. )

WARRANT OF ARREST- papel na may nakasulat na kukunin o aarestuhin nila ang tao
SEARCH WARRANT- search in this things is specified there i.

Search warrant ay valid in 10days while warrant of arrest valid lang sya kung kailan sya
ginawa.

WHAT IS THE RULE IN CONDUCTING SEARCH AND SEIZURE?

CONSENTED SEARCH- the right against unreasonable searchin seizure maybe

voluntarily waived by a person being searched provided the following are present young
existence of a right. After you have already mentioned of its rights and he knows his
rights.
SEARCH INCIDENTAL TO LAWFUL ARREST- you can freeze the person and if there
are any weapons.
PLAINVIEW SEARCH- Search or the illegal things outside maybe ceased even without
a warrant to do something the things must be readily seen without any effort of locating it
without reporting.
SEARCH IN MOVING VEHICLE (CHECKPOINT)- Pwede nila tignan ang sasakyan
mo pag nasa checkpoint ka pero dapat may permiso sila mula sayo na gagawin nila yon
CUSTOM SEARCH- valid warrantless search

CRIMES THAT MAY BE COMMITTED BY A POLICEMAN WHILE CONDUCTING

SEARCH:

Violation of domocile- is committed by any public officer or employee who not being
authorized judicial order shall enter the dwelling against the will of the owner.

Search Warrant Maliciously Obtained- is committed by a public officer who procures a

search warrant without reason.

Abuse in the authority of search warrants legally obtained- committed who has legally
procreated search warrant, however he exists the authority of the search warrant or he
uses unnecessary severity in executing the same.
Searching Domicile without Witnesses- before you search, you need to have a witnesses
before searching.

DISCRETION
-Discretion is the wise use of one's judgement, personal experience and common sense to
decide a particular situation. (violence the rights of other person whether in wherein the
decision made is unnecessary.)

Control of Discretion
-Chief justice of the supreme court, Warren E. Burger have quoted: "no lawyer, no law
book, no judge can readily tell the policeman on the beat how to exercise his discretion
perfectly in every of the thousands of different situations that can arise in the hour to hour
work of a policemen". (they were actually happened in the previous)
(decesion making must not control by emotion)

What is 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 signifcant way.
(For a person arrested or the person who are invited to go on their office for investigation
you are already under constitutional investigation not necessarily that you were arrested,
once you are invited and you are investigated you are under their investigation)

Tools of Criminal Investigation

Information- Defined as the knowledge which the investigator gathered and acquired
from resource.
Interview- is questioning of a person suspected of having committed an offense who is
reluctant to make a full disclosure formation in his possession which is pertinent to the
investigation. Instrumentation- these are the application of instruments and methods of
physical science to the detection of crime. (mga bagay na pwede mong gamitin sa
interview)

What is the difference between INTERVIEW and INTERROGATION?

Interview- the person being interviewed here being asked here is a witness (witness who
saw the crime) while
Interrogation- with the person being asked here is the suspect which is directly asked or
being as connected and relevant to the case under investigation.

Custodial investigation
-general inquiry we are referring to question that may be asked to any person

The rights of a person and their custodial investigation

-Right to be informed of his right to remain silent, You have a right to have competent
and independent counsel preferably of his own choice or to be provided with one.
-Right against torture force violence threat and intimidation
-Right not to be held in secret, solitary in communication(confinement)

MIRANDA RIGHTS (Name of Ernesto Miranda who was the accused in the prominent
case entitled miranda vesus arizona)
MIRANDA RIGHTS - “You have the right to remain silent. Anything you say can and
will be used against you in a court of law. You have the right to an attorney. If you cannot
afford an attorney, one will be provided for you. Do you understand the rights I have just
read to you? With these rights in mind, do you wish to speak to me?”

acknowledgment..