Criminal actions are initiated by complaint or information against persons responsible for an offense. They are prosecuted under the direction of a prosecutor in the court where the offense occurred. When in the Court of Appeals or Supreme Court, the Solicitor General represents the People of the Philippines, not the prosecutor. A criminal action implicitly includes a civil action for recovery of civil liability, unless waived or instituted separately. A criminally liable person is also civilly liable. Criminal investigations aim to identify, locate, and provide evidence of an offender's guilt. Search warrants require probable cause and specifically describe the place and things to be seized.
Criminal actions are initiated by complaint or information against persons responsible for an offense. They are prosecuted under the direction of a prosecutor in the court where the offense occurred. When in the Court of Appeals or Supreme Court, the Solicitor General represents the People of the Philippines, not the prosecutor. A criminal action implicitly includes a civil action for recovery of civil liability, unless waived or instituted separately. A criminally liable person is also civilly liable. Criminal investigations aim to identify, locate, and provide evidence of an offender's guilt. Search warrants require probable cause and specifically describe the place and things to be seized.
Criminal actions are initiated by complaint or information against persons responsible for an offense. They are prosecuted under the direction of a prosecutor in the court where the offense occurred. When in the Court of Appeals or Supreme Court, the Solicitor General represents the People of the Philippines, not the prosecutor. A criminal action implicitly includes a civil action for recovery of civil liability, unless waived or instituted separately. A criminally liable person is also civilly liable. Criminal investigations aim to identify, locate, and provide evidence of an offender's guilt. Search warrants require probable cause and specifically describe the place and things to be seized.
Criminal actions are initiated by complaint or information against persons responsible for an offense. They are prosecuted under the direction of a prosecutor in the court where the offense occurred. When in the Court of Appeals or Supreme Court, the Solicitor General represents the People of the Philippines, not the prosecutor. A criminal action implicitly includes a civil action for recovery of civil liability, unless waived or instituted separately. A criminally liable person is also civilly liable. Criminal investigations aim to identify, locate, and provide evidence of an offender's guilt. Search warrants require probable cause and specifically describe the place and things to be seized.
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CRIMINAL ACTION
All criminal actions are initiated either by
complaint or information in the name of the People of the Philippines against all persons who appear to be responsible for the offense. They are prosecuted under the direction and control of a prosecutor and instituted and tried in the court of municipality or territory where the offense id committed.
When the criminal actions are brought to the Court of Appeals or the Supreme Court, it is the Solicitor General, not the prosecutor, who represents the People of the Philippines.
When a criminal action is instituted, the civil action for the recovery of civil liability is implicitly included, unless the offended party waives the civil action or reserves his rights to institute separately, or institute a civil action prior to the criminal actions. In other words, a person who is criminally liable is also civilly liable.
TERMS IN CRIMINAL ACTION
Crime is an act or omission punishable by law
Designation of Crime by Statute: Felony violation of the Revised Penal Code Offense - violation of the special laws Infraction - violation of city/municipal/barangay ordinances
Classifications of Crimes Local Crime one which can be prosecuted in one particular place only Transitory Crime one that could be prosecuted in any one of the several places
Criminal Investigation is a process of identifying and locating the offender and provides evidence of his guilt.
Criminal Investigator is the person who is charged with the duty of carrying out the objectives of criminal investigation.
Custodial Investigation/custodial interrogation means questioning initiated by the law enforce- ment officers after a person has been taken into custody or otherwise deprive of his freedom of action in a significant way.
Objectives of Criminal Investigation: 1. To identify the offender/s; 2. To locate the offender/s; 3. To provide evidence of offenders guilt
Search is an examination of individual person, house, papers and effects, or other building and premises to discover contraband or some evidence of guilt to be used in prosecution of criminal action. - An examination of a man's house, premises or person, for the purpose of discovering proof of his guilt in relation to some crime or misdemeanor of which he is accused.
Search Warrant is an order in writing issued in the name of the People of the Philippines signed by the judge and directed to a peace officer, commanding him to search personal property described therein and to bring it before the court.
Essential requisites of a valid search 1. It must be issued upon probable cause; 2. Probable cause must be determined personally by the judge; 3. Judge must examine under oath or affirmation the complaint and the witnesses he may produce; and 4. The warrant must particularly describe the place to searched or things to be seized.
Probable Cause, defined: - Means such facts and circumstances antecedent to the issuance of a warrant that are in themselves sufficient to induce a cautious man to rely upon them. - Means such facts and circumstances which would tend to believe that a person has committed a crime..(a reasonable belief that a person has committed a crime)
Personal Property to be Seized: 1. Property subject of the offense; 2. Stolen, embezzled property or proceeds or fruits of the offense; and 3. Property used or intended to be used in committing the crime.
Requirements of Search of a House, Room or Premises 1. Must be made in the presence of a lawful occupant or any member of his family; 2. If none, two (2) witnesses of sufficient age and discretion residing in the same locality.
Criminal Action a lawsuit instituted and prosecuted for the punishment of a crime in the name of the People of the Philippines
Criminal Proceedings proceedings before a trial court from the period of arraignment to the rendition of judgment.
Prosecute to commence and carry on a criminal action or lawsuit against a person/s in the name of the People of the Philippines
Complaint sworn written statement by the offended party or by any government law enforcer charging a person with an offense. (This is first filed by offended party with the prosecutor or municipal court.)
Information accusation in writing made by a prosecutor based on the offended partys complaint and filed with the court, charging a person/s with an offense.
Complainant offended party who has recourse to the courts.
Accused or Respondent person/s charged with a criminal court.
Private Crimes - offense which can be prosecuted only upon the instance of the offended party. Examples: - Adultery and concubinage complaint can be filed only by offended party and only if both guilty parties are included in the complaint. - Seduction, abduction and acts of lascivious- ness cannot be prosecuted except upon the complaint of the offended party or by his/her parents, grandparents, guardian or by the government. - Libel and defamation imputing above offenses.
Public Crimes all criminal offenses not classified as private crimes
Public Prosecutor (Fiscal) government lawyer representing the People of the Philippines who formally commences and carries out a criminal lawsuit against person/s accused of crimes or offenses.
Public Attorney government lawyer appointed either by the Public Attorneys Office (PAO) or by the court to either defend accused person/s or a defendant in a civil case who cannot afford a lawyer.
Inquest informal and summary investigation in criminal cases involving person arrested and detained without warrant of arrest. This is conducted by the public prosecutor for the purpose of determining whether or not the detained person should remain under the custody and be correspondingly charged.
Preliminary Investigation summary proceedings or inquiry conducted by municipal judge or prosecutor for the purpose of determining whether there is sufficient ground to believe that a crime has been committed and whether the accused is probably guilty thereof. This is required for offenses within the jurisdiction of the Regional Trial Court.
Requisites of valid search warrant: 1) probable cause present; 2) such presence is determined personally by the judge; 3) the complainant and the witnesses he or she may produce are personally examined by the judge, in writing and under oath or affirmation; 4) the applicant and the witnesses testify on facts personally known to them; and 5) the warrant specifically describes the place to be searched and the things to be seized.