Criminal Procedure Bautista
Criminal Procedure Bautista
Criminal Procedure Bautista
CHAPTER I
CRIMINAL PROCEDURE
The law on criminal procedure is the law governing the interaction between
the individual and the States authority in the administration of criminal
justice.
Statutory Enactments which Make Up Law of Criminal Procedure
1. R.A. No. 7438 providing for the rights of a person arrested, detained or
under custodial investigation;
2. Judiciary Reorganization Act of 1980 (B.P. Blg. 129) defining the criminal
jurisdiction of our courts; and
3. R.A. No. 6981, the Witness Protection Security and Benefit Act
CHAPTER II
POLICE INVESTIGATION
The first encounter of the individual with the States criminal authority is the
police investigation stage. It is at this stage where persons, either suspects
or not, may be interrogated by the police or asked to give statements to
assist the police in discovering the commission of an offense and its probable
perpetrators.
Who May Investigate for Crime
Police Authorities persons generally empowered to conduct investigation
for crimes.
In the Philippines, these police authorities with broad power to conduct
criminal investigation are the members of the PNP and members of the
NBI. A significant distinction between the two lies in their access to
records. NBI Investigators are expressly given access to all public
records and, upon authority of the President of the Philippines in the
exercise of his visitorial powers, to records of private parties and
concerns. While given no such express power, the PNP may request NBI
assistance in the investigation or detection of crimes.
Other law enforcement officers may be vested by special law with power
to investigate certain types of offenses. For instance, officers of the
Bureau of Customs, including security and secret service agents and
patrol officers and guards of the Bureau of Customs, are expressly
authorized to effect searches, seizures and arrests for enforcement of
tariff and customs laws.
Limitations on State Criminal Authority in a Non-Custodical Situation
1. Right against unreasonable searches and seizures
2. Right to privacy of communication
3. Right against arrest without probable cause
4. Right against arbitrary detention
CARMELITA MHAY JUANZON
Juris Doctor
PUP-College of Law, 2014