BAR OP ERATIONS COM MISSION

U P P.E.P. CORE GROU P

ACADEM ICS COM M

IT7EE REM EDIAL LAW

TEAM

CRIM INAL P ROC E DU RE

CIVIL P ROC E DU RE

Heroie Banayat-Nas
Blanca Labay

EV IDENCE

SP ECIA L P ROC E E DINGS

REVIEWER IN REMEDIAL LAW

Table of Contents

CRIMINAL PROCEDURE
Chapter 1: CRIMINAL
JURISDICTION
A. DEFINITION
B. HOW DETERMINED
C. ESTOPPEL
AND LACHES
DENY JURISDICTION
D. JURISDICTION OF COURTS
1. Municipal Trial Courts
2. Regional Trial Courts
3. Sandiganbayan
4. Military Courts

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Chapter 2: RIGHTS OF THE

ACCUSED
A. TO BE PRESUMED INNOCENT
B. TO
BE
INFORMED
OF THE
NATURE
AND
CAUSE OF
ACCUSATION AGAINST HIM
C. TO BE PRESENT AND DEFEND
IN PERSON AND BY COUNSEL AT
EVERY
STAGE
OF
THE
PROCEEDINGS
TESTIFY
IN
HIS
OWN
D. TO
BEHALF
E. TO BE EXEMPT FROM BEING
COMPELLED TO BE A WITNESS
AGAINST HIMSELF
F. TO
CONFRONT
AND CROSSEXAMINE WITNESSES AGAINST
HIM AT THE TRIAL
G. TO HAVE COMPULSORY PROCESS
ISSUED
TO
SECURE
ATTENDANCE OF WITNESSES AND
PRODUCTION
OF
OTHER
EVIDENCE IN HIS BEHALF
H. TO HAVE A SPEEDY, IMPARTIAL
AND PUBLIC TRIAL
I. TO HAVE THE RIGHT OF APPEAL
IN ALL CASES ALLOWED AND IN
THE MANNER PRESCRIBED BY
LAW
Chapter 3: SEARCH AND SEIZURE
A. CONCEPT
1. Definition
2. Nature of a Search Warrant
3. Constitutional
safeguard
against unreasonable search
and seizures
4. Constitutional
protection
is
against public officers acts, not
private persons
B. PROCEDURE
1. Application
2. Exception: Malaloan v. CA
(1994) - subject to R126, Sec. 1
3. Search
guidelines
under
Circular No. 19, s. 1987

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4. Substance of application
5. Generally
6. Issuance and form of search
warrant
7. Personal Property to be Seized
8. Validity of search warrant
9. Service of search warrant
10. Search of house, room, or
premise,
to be made, in
presence of two witnesses
11. Time of making search
12. Post-service
13. Delivery
of
property
and
inventory thereof to court
C. WARRANTLESS SEARCHES
1. When allowed
2. Probable
cause
justifying
warrantless
arrest
and
warrantless search
D. REMEDIES OF PARTY SUBJECT
OF SEARCH WARRANT
1. Who may avail of remedies
2. Remedies
3. Effect of failure to quash
warrant
4. Effects of illegal search
5. Waiver of immunity against
unreasonable
searches
and
seizure
[Pasion
v.
Locsin
(1938)]
6. Liability
for
illegal
search
warrant
E. CIVIL LIABILITY
Chapter 4: ARREST
A. CONCEPT
B. PROCEDURE
1. Constitutional requirements on
arrest
2. Arrest with warrant
3. Arrest without warrant
4. Illegal arrest
5. Right of attorney or relative to
visit arrested person
C. OTHER
FORMS
OF ARREST
WARRANTS
1. Human Security Act, RA No.
9372
2. BID arrest by virtue of an order
of deportation
D. CUSTODIAL INVESTIGATION
1. What is embraced in custodial
investigations; what is not
2. Custodial rights of the accused
3. Consequences of violation of
custodial rights

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