Remedial Law Review 2 - Criminal Procedure Rules of Court (Rule 110-127) I. A. B.

Basic Definitions Complaint A sworn written statement Charging a person with an offense Subscribed by the offended party Any peace officer or other public officer Charged with the enforcement of the law violated. Information An accusation in writing Charging a person with an offense Subscribed by the prosecutor And filed with the court

G. H. -

Conditioned upon his appearance before any court As required under the conditions specified by the rule Bail Bond An obligation under seal Given by the accused with one or more sureties And made payable to the proper officer with the condition to be void Upon performance by the accused of such acts As he may legally be required to perform Recognizance An obligation of record Entered into before some court or magistrate Duly authorized to take it With the condition to do some particular act.

C. Preliminary Investigation - An inquiry or proceeding to determine - Whether there is sufficient ground to endanger a wellfounded belief - That a crime has been committed - And the respondent is probably guilty thereof, - And should be held for trial D. Arrest The taking of a person into custody In order that he may be bound To answer for the commission of an offense.

I. Corporate Surety - Any domestic or foreign corporation - Licensed as a surety in accordance with law and currently authorized to act as such J. Property Bond - An undertaking constituted as a lien on the real property - Given as a security for the amount of bail. K. Capital Offense An offense which under the law Existing at the time of its commission AND At the time of the application to be admitted to bail May be punished with death.

E. Search Warrant - An order in writing issued in the name of the People of the Philippines - Signed by a judge and directing a peace officer, - Commanding him to search for personal property described therein - And bring it before the court. F. Bail - The security given for the release of a person in custody of the law - Furnished by him or a bondsman

L. Custodial Investigation - The questioning by law enforcement officers of a suspect - Taken into custody or otherwise deprived of his freedom of action in a significant way. - It includes the practice of issuing an invitation to a person - Who is investigated in connection with an offense - He is suspected to have committed.

M. Arraignment - The formal mode of implementing the constitutional right of the accused to be informed of the nature - of the accusation against him. N. Plea The matter which the accused On his arraignment Alleges in answer to the charge against him.

But occasionally, it is issued to a private person named in it.

S. Mittimus - A process issued by the court to carry out a final judgment such as commanding a prison warden to hold the accused in accordance with the terms of judgment.

O. Quash - To annul, vacate, or overthrow. P. Motion to Quash A motion filed by the accused Seeking the dismissal of an information Before entering his plea Wherein he hypothetically admits The facts alleged in the information And no facts contrary to those alleged Or facts which do not appear on the face thereof Can be considered by the court in resolving it.

Q. General Warrant - A search warrant which does not sufficiently describe or particularize - The personal properties to be seized without a definite guideline - To the searching team or to what things might be lawfully seized, - Thus, giving the searching team the discretion to determine - What items or articles should be seized. R. Warrant of Arrest - A legal process issued by competent authority - Directing the arrest of a person or persons upon grounds stated therein. - It is usually directed to a regular officers of the law,