MIRANDA RIGHTS
These are the rights to which a person under custodial
investigation is entitled.
These rights are:
1. Right to remain silent
2. Right to competent and independent counsel,
preferably of his own choice
3. Right to be reminded that if he cannot afford
the services of counsel, he would be provided
with one
4. Right to be informed of his rights
5. Right against torture, force, violence, threat,
intimidation or any other means which vitiate
the free will
6. Right against secret detention places, solitary,
incommunicado, or similar forms of detention
7. Right to have confessions or admissions
obtained in violation of these rights considered
inadmissible in evidence
The “Miranda Rights” are available to avoid involuntary
extrajudicial confession.
ARREST
Arrest is the taking of a person into custody in order
that he may be bound to answer for the commission of
an offense.
How is arrest made?
It is made by an actual restraint of a person to be
arrested, or by his submission to the custody of the
person making the arrest.
UNLAWFUL ARREST
If the following requisites of a valid search warrant and
warrant of arrest are NOT PRESENT:
1. There should be a search warrant or warrant of
arrest
2. Probable cause supported the issuance of such
warrant
3. Such probable cause had been determined
personally by a judge
4. Judge personally examined the complainant and
his witnesses
WARRANTLESS ARREST
1. In flagrante delicto – The person to be arrested has
either committed, is actually committing, or is
about to commit an offense in the presence of the
arresting officer.
2. Hot Pursuit – When an offense has infact just been
committed and the arresting officer has probable
cause to believe, based on personal knowledge Of
the facts and circumstances indicating, that the
person to be arrested has committed it
3. Escaped Prisoner or Detainee – When the person to
be arrested is a prisoner who has escaped from a
penal establishment or place where he is servi
ng final judgment or temporarily confined while
his case is pending, or has escaped while being tr
ansferred from one confinement to another.
STOP AND FRISK
This is a limited protective search of the outer clothing of
a person to determine the presence of weapons.
Probable cause is not required but a genuine reason (not
mere suspicion) must exist, in the light of the officer’s
experience and surrounding circumstances, to warrant
the belief that the persons has concealed weapons.
EXCLUSIONARY RULE
Any evidence obtained in violation of the Constituti
on shall be inadmissible for any purpose in any proceed
ing.
FRUIT OF THE POISONOUS TREE DOCTRINE
This doctrine states that once the primary source (t
he tree) is shown to have been unlawfully obtained,
any secondary or derivative evidence (the fruit) deriv
ed from it is also inadmissible. The rule is based on th
e principle that evidence illegally obtained by the St
ate should not be used to gain other evidence, bec
ause the originally illegally obtained evidence taints all
evidence subsequently obtained.
PRELIMENARY INVESTIGATION
It is an inquiry or proceeding to determine whether
there is sufficient ground to engender a well-
Founded belief that a crime
has been committed and the respondent is probably
guilty thereof, and should be held for trial.
When is it required?
Before a complaint or information is filed,
preliminaryinvestigation is required for all offense
s punishable by imprisonment of at least 4 years, 2
months and 1 day, regardless of the fine, except if the
accused was arrested by virtue of a lawful arrest without
warrant.
In case of lawful arrest without warrant: the compla
int or information may be filed without a preliminary
investigation.
PREJUDICIAL QUESTION
Prejudicial question is one which arises in a case, the
resolution of which is a logical antecedent of the issue
involved therein and the cognizance of which pertains to
another tribunal
Elements of a prejudicial question:
1. The civil action must be instituted prior to the
criminal action;
2. The civil action involves an issue similar or intimately
related to the issue raised in the subsequent criminal
action; and
3. The resolution of such issue determines whether or
not the criminal action may proceed,
PROVISIONAL REMEDIES IN CRIMINAL CASES
1. attachment (Rule 57);
2. preliminary Injunction (Sec. 58);
3. receivership (Rule 59);
4. delivery of personal property (Rule 60);
5. support Pendent lite (Rule 61).
ARRAIGNMENT
Arraignment is the proceeding in a criminal case, whose
object is to fix the identity of the accused, to inform him
of the charge and to give him an opportunity to plead, or
to obtain from the accused his answer, in other words,
his plea to the information.
Where is arraignment made?
The accused must be arraigned before the court where
the complaint or information was filed or assigned for
trial.
How is arraignment made?
Arraignment is made:
1. in open court where the complaint or information
has been filed or assigned for trial;
2. by the judge or clerk of court;
3. By furnishing the accused with a copy of the
complaint or information;
4. Reading it in a language or dialect known to the
accused;
5. Asking accused whether he pleads guilty or not
guilty. 6. Both arraignment and plea shall be made of
record but failure to enter of record shall not affect
the validity of the proceedings.
PLEA
It pertains to the matter which the accused, on his
arraignment, alleges in answer to the charge against
him.
Plea Bargaining
Plea bargaining in criminal cases is a process whereby
the accused and the prosecution work a mutually
satisfactory disposition of the case subject to court
approval.
It usually involves the defendant’s pleading guilty to a
lesser offense or to only one or some of the counts of a
multi- count indictment in return for a lighter sentence
than that for the graver charge.
DUTY OF THE COURT IF THE ACCUSED PLEADS GUILTY
When the accused pleads guilty to a capital offense, the
court shall:
1. Conduct a searching inquiry into the:
a. Voluntariness of the plea and
b. Full comprehension of the consequences of the
plea;
2. Require the prosecution to prove guilt and the
precise degree of his culpability;
3. Ask the accused if he desires to present evidence in
his behalf and allow him to do so if he desires.
However, the defendant after pleading guilty may
not present evidence as would exonerate him
completely from criminal liability such as proof of
self-defense.
Note: This procedure is mandatory, and a judge who
fails to observe it commits grave abuse of discretion.
GROUNDS FOR SUSPENSION OF ARRAIGNMENT
Upon motion by the proper party on the following
grounds:
1. The accused appears to be suffering from an
unsound mental condition which effectively renders
him unable to fully understand the charge against
him and to plead intelligently thereto;
2. There exists a valid prejudicial question;
3. A petition for review of the resolution of the
prosecutor is pending at the Department of Justice
or the Office of the President; provided that the
period of suspension shall not exceed 60 days
counted from the filing of the petition;
4. There are pending incidents such as:
a. Motion to Quash
b. Motion for Inhibition
c. Motion for Bill of Particulars
Note: The period of suspension shall not exceed
sixty (60) days counted from the filing of the
petition with the reviewing office.

MOTION TO QUASH
At any time before entering his plea, the accused
may move to quash the information or complaint.

The court is not authorized to motuproprio initiate a

motion to quash by issuing an order requiring an
explanation why the information should not be
quashed. The court has discretion to dismiss the
case if the info is not sufficient or on any ground
provided by law, or to dismiss the info for a
different one.

DOUBLE JEOPARDY
It means that when a person is charged with an
offense and the case is terminated either by
acquittal or conviction or in any other manner
without the consent of the accused, the latter
cannot again be charged with the same or identical
offense.

What are the elements of double jeopardy?

1. A valid complaint or information
2. A competent court
3. The defendant pleaded to the charge
4. The defendant was acquitted or convicted or the
case against him was dismissed or otherwise
terminated without his express consent.