Criminal procedure, evidence & rights of the accused

Criminal procedure is the set of rules that governs how the State prosecutes a crime. The main source is the Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court), read together with the 1987 Constitution (Article III, Bill of Rights) and RA 7438 (rights of persons under custodial investigation).

Arrest

An arrest is the taking of a person into custody to answer for an offense. A warrant of arrest is issued by a judge only after personally determining probable cause from the prosecutor's records.

Warrantless arrests are allowed only under Rule 113, Sec. 5:

• In flagrante delicto: the person is caught in the act of committing an offense.
• Hot pursuit: an offense has just been committed and the officer has personal knowledge of facts indicating the arrestee did it.
• Escapee: a prisoner who escaped from confinement or while being transferred.

An unlawful arrest does not automatically void the case, but any evidence seized because of it is generally inadmissible.

Search and seizure

The general rule: a search warrant is required. It must (a) be issued by a judge on probable cause, (b) be supported by oath, and (c) particularly describe the place to be searched and the things to be seized (Art. III, Sec. 2). A warrant is valid for 10 days.

Recognized warrantless searches:

• Incident to a lawful arrest
• Plain view (item's incriminating nature is immediately apparent)
• Consented search
• Search of a moving vehicle
• Stop-and-frisk (Terry search) on genuine reasonable suspicion
• Customs and border searches; checkpoint (visual) searches

Exclusionary rule (Art. III, Sec. 3(2)): evidence obtained through an illegal search or seizure is inadmissible for any purpose: the "fruit of the poisonous tree."

Bail

Bail is the security given for the release of a person in custody so the court can guarantee his appearance (Rule 114).

Situation	Bail
Offense not punishable by reclusion perpetua/life/death	Bail is a matter of right
Offense punishable by reclusion perpetua etc., evidence of guilt strong	No bail
Same, but evidence of guilt not strong (after a bail hearing)	Bail is discretionary

Forms: corporate surety, property bond, cash deposit, or recognizance (RA 10389). The right to bail is available before conviction; it flows from the presumption of innocence.

Trial flow

The typical order of an ordinary criminal case:

1. Complaint/Information filed after preliminary investigation.
2. Arraignment: the Information is read; the accused pleads. Must occur within 30 days from the court acquiring jurisdiction.
3. Pre-trial: stipulations, marking of evidence, plea bargaining.
4. Trial: prosecution presents first (it carries the burden), then the defense.
5. Judgment: conviction requires proof beyond reasonable doubt; otherwise acquittal.
6. Promulgation, then appeal or finality.

Guiding standard: the accused enjoys the right to a speedy, impartial, and public trial.

Kinds of evidence

Evidence is the means of ascertaining the truth of a fact (Rules 128-133, as amended by the 2019 Rules on Evidence).

• Object (real) evidence: things addressed to the senses of the court (a knife, a shabu sachet).
• Documentary evidence: writings, recordings, photos, or data offered for their contents.
• Testimonial evidence: a witness's statements under oath.

Other useful distinctions:

• Direct (proves a fact without inference) vs. circumstantial (proves it by inference). Circumstantial evidence can convict if: (1) there is more than one circumstance, (2) the facts are proven, and (3) together they produce conviction beyond reasonable doubt.
• Corpus delicti: the body/fact of the crime; must be proven independently of a confession.
• Chain of custody (Sec. 21, RA 9165, as amended by RA 10640): the required tracking of seized drugs from seizure to court.

Rights of the accused

Presumption of innocence (Art. III, Sec. 14(2)): the accused is presumed innocent until the contrary is proven. The burden never shifts to him; the weakness of the defense cannot substitute for the strength of the prosecution.

Custodial investigation rights (Art. III, Sec. 12; RA 7438): the Miranda rights, triggered once questioning focuses on a suspect in custody:

• Right to remain silent.
• Right to competent and independent counsel, preferably of his own choice.
• Right to be informed of these rights.
• A waiver of the right to counsel must be in writing and in the presence of counsel.
• Prohibition on torture, force, violence, threat, or intimidation: any confession so obtained is inadmissible.

Other trial rights (Sec. 14): to be informed of the nature and cause of the accusation, to confront and cross-examine witnesses, to compulsory process to secure witnesses, and against self-incrimination (Sec. 17). Note double jeopardy (Sec. 21): no person shall be tried twice for the same offense.

Quick self-check

1. A warrant for search is valid for how many days? (10 days.)
2. What quantum of proof is needed to convict? (Proof beyond reasonable doubt.)
3. When is bail NOT a matter of right? (When the offense is punishable by reclusion perpetua/life/death and evidence of guilt is strong.)
4. Which law governs the chain of custody for seized drugs? (RA 9165, as amended by RA 10640.)