Cdi 103n Midterm Coverage

UNIVERSITY OF CAGAYAN VALLEY
(formerly Cagayan Colleges Tuguegarao)

VICTOR VENTURA PEREZ (VVP) CAMPUS,
TUGUEGARAO CITY, CAGAYAN VALLEY, PHILIPPINES 3500
BALZAIN CAMPUS: (078) 844-1147 Local 218 – (Trunk Line)(078) 844-8978 – (Fax)
Email add: criminologydept20@gmail.com
SCHOOL OF CRIMINOLOGY
MIDTERM COVERAGE
Evidence
The means, sanction by law of ascertaining in a judicial proceeding the truth respecting a matter
of fact. Reference: Section 1, 2, 3, 4, -128 rules of court Medical Evidence is the means sanction
by law of ascertaining in a judicial proceeding that truth respecting a matter of fact wherein
scientific medical knowledge is necessary.
Types of Evidences:
 Documentary Evidence
Documentary evidence is evidence that contains a record of some kind. Documents may be
admitted as evidence in court, but there are rules in place to determine their admissibility, and
to help the court (or jury) to decide what the documents prove.
Under the law in Ireland a document includes:
 Anything with writing on it

 Maps, plans, graphs or drawings
 Photographs or films
 Audio recordings
 Computer records
This is not a full list, and other types of documentary evidence may be accepted.
 Documents may be classed as real evidence where they are entered into evidence to
prove their existence (rather than as proof of the contents of the document). Documents
may also be classed as real evidence where they have been produced automatically (for
example CCTV footage and mobile phone records)
 Testimonial Evidence
Testimonial evidence is evidence that can be used in a court proceeding by a witness'
testimony. Testimonial evidence definition is as follows: any evidence that is not proven or
supported by the physical evidence but solely based on a credible witness. It is used to recreate a
crime scene within the courtroom trial setting and is considered admissible in that setting.
Although considerably more subjective than physical evidence, testimonial evidence is an
effective way to create a visual, persuade the jury, and even piece together aspects of physical
evidence. It can be strategically incorporated by both the prosecution and the defense. The idea is
that the witness is under oath in the courtroom, so in that context, it should be taken. There are
advantages and disadvantages on both sides because testimonial evidence is in the hands of the
individual being witnessed, or may or may not have an accurate or truthful memory about what
happened.
Legal Education Board

 Real Evidence
This form of evidence is made known or addressed to the senses of the court.
Section 1, Rule 130 Rules of Court View of an Object whenever an object
has such a relation to the fact in dispute as to afford reasonable grounds or belief
respecting it, such object may be exhibit to or viewed by the court, or its existence,
situation, or character proved by witnesses, as the court in its discretion may
determine.
a) Indecency and impropriety - are exceptions to this rule of evidence, but when
exhibition is necessary for the end of justice, notions of decency and delicacy of
feeling will not be allowed to prevail.
 Any material thing that may be utilized to assist establish or refute a fact in a
case is considered real evidence. In other words, real evidence refers to
anything tangible, such as a photo of a person holding up their phone during
the accident.
 In criminal law, real evidence is defined as any physical object that can be
used to help prove or disprove a fact in a case. This could include things like
weapons, clothing, or even DNA evidence. Real evidence is often contrasted
with testimonial evidence, which is given by witnesses.
 Some examples of real evidence include weapons, clothing, and DNA
evidence. They each play an important role to help a judge or jury understand
what happened in a case.
Procedures or Steps in Filling Cases
Procedures or Steps in Filling Cases
Receiving/report complaints
 The first step in taking legal action is to report to the proper authorities,
typically to officials of the barangay where the incident happened, or to the
police.
Record into police blotter
 The barangay officials or the police will generate a “blotter” which will serve as an
important piece of evidence in your case.
Dispatch
 A service that answers all public emergency and non-emergency calls,
coordinating the police department's response to the severity of the reported
crime or accident.
Proceed to reported place promptly and safely (preliminary stage of investigation)

 Upon arrival, the investigator on case shall assets the crime scene as to
whether he can process or there is a need for the SOCO TEAM
SOP in crime scene search
 for the purpose of this SOP, Crime Scene Investigation (CSI) shall refer to all
the investigative procedures undertaken at the crime scene commencing from
the arrival of the PNP First Responders (FRs) to the arrival of the Duty
Investigator/IOC and the SOCO Team until the lifting of the security cordon
and release of the crime scene. The following are the intents and purposes of
this SOP:
a. To define and delineate the functions and responsibilities of the FRs. the IOC,
and the SOCO Team in the conduct of crime scene investigation;
b. To establish and harmonize the sequence of activities that shall be conducted at
the crime scene and identify the accountabilities of each responsible PNP
personnel/team;
c. To set the standard forms that shall be required to be accomplished by the FR,
the SOCO Team and the IOC, which shall henceforth become an integral part of the
case folder;
d. To minimize the most common mistakes committed by the investigators and
ensure that potential physical evidence is not contaminated or destroyed and
potential witnesses are not overlooked;
e. To ensure that lives are saved and that the security and safety of the PNP CSI
personnel (FR/IOC/SOCO) are enhanced;
f. To ensure that the CSI procedures are conducted properly, efficiently and
effectively to ensure the admissibility of collected evidence in court; and
g. To address and mitigate the investigation procedural weaknesses identified
during the conduct of case reviews.
Filling of Cases
A. Preliminary Investigation
 A preliminary investigation is required before an offense can be filed in
court. The main purpose of a preliminary investigation is to determine
whether a crime has been committed. If it is determined that a crime has been
committed, law enforcement will collect evidence to determine who
committed the crime.
B. Inquest Proceedings
 In criminal procedure Inquest is defined as an informal and summary
investigation conducted by a public prosecutor in criminal cases involving
persons arrested and detained without the benefit of a warrant of arrest issued
by the court.
Preliminary Investigation
A1. • Documentary
Excerpt from Police Blotter

 an official logbook, covered blue with hardbound cover that contains the
daily register of all crime incident reports, official summary of arrests
and other significant events/activities reported in the police station.
Complete Affidavits
 a written, sworn statement used in court proceedings and other legal matters
that has been witnessed and notarized by another party. Depending on your
location, you might need to have an authorized affidavit taker witness the
creation of your affidavit in person.
Physical Evidence
 Is evidence that can be seen, touched, or observed in a crime scene. Physical
evidence can be easily contaminated on the scene, during collection and
processing, or over time.
Inquest Proceedings
B.1. • Documentary
Excerpt from Police Blotter
 an official logbook, covered blue with hardbound cover that contains the
daily register of all crime incident reports, official summary of arrests
and other significant events/activities reported in the police station.
Complete Affidavits
 a written, sworn statement used in court proceedings and other legal matters
that has been witnessed and notarized by another party. Depending on your
location, you might need to have an authorized affidavit taker witness the
creation of your affidavit in person.
Physical Evidence
 Is evidence that can be seen, touched, or observed in a crime scene. Physical
evidence can be easily contaminated on the scene, during collection and
processing, or over time.
Affidavits of Arrest
 Generally filled out by the arresting officer and states the facts and
circumstances surrounding an arrest. The affidavit may state such facts
as the information which led to the arrest and the observations made
before and after the arrest occurred.
Instances of Warrantless Arrest
 Also as provided within the Revised Rules are other instances of lawful
arrests without warrant: If a person lawfully arrested escapes or is rescued,
any person may immediately pursue or retake him without a warrant at any
time and in any place within the Philippines.

Golden Rule under Arrest
General rule is that arrests without warrant are unlawful and invalid. The Revised
Rules of Criminal Procedure, however, provides three exceptions to an arrest
without a warrant as lawful.
These three exceptions are
 In flagrante De Licto
 Hot Pursuit
 Escapee
The warrant of arrest is issued by the judge upon filing by the public prosecutor of
an information in court, presupposing that the public prosecutor had found probable
cause to bring the respondent to trial after conduct of preliminary investigation.
This largely springs from the constitutional provision, under Section 2, Article III
(Bill of Rights) of the 1987 Constitution that no search warrant or warrant of arrest
shall issue except upon probable cause to be determined personally by the judge
after examination under oath or affirmation of the complainant and the witnesses he
may produce, and particularly describing the place to be searched and the persons
or things to be seized.
But there are instances where an arrest can be effected without a warrant of arrest.
Under Rule 113, Section 5 of the Revised Rules of Criminal Procedure, a peace
officer or a private person may, without a warrant, arrest a person: (a) When, in his
presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense. This is also known as an in flagrante delicto (or
in the very act of wrongdoing) arrest.
(b) When an offense has just been committed and he has probable cause to believe
based on personal knowledge of facts or circumstances that the person to be
arrested has committed it. This is also known as a hot pursuit arrest.
(c) When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or is temporarily
confined while his case is pending, or has escaped while being transferred from one
confinement to another.

In cases falling under paragraphs (a) and (b) justifying warrantless arrests, the
person arrested without a warrant shall be delivered to the nearest police station for
the conduct of inquest proceedings. As discussed in our last article, when a person
is lawfully arrested without a warrant involving an offense which requires a
preliminary investigation, inquest by the public prosecutor will follow instead of a
regular preliminary investigation, pursuant to Section 7 of Rule 112 of the Revised
Rules of Criminal Procedure.
For an in flagrante delicto arrest under paragraph (a) to be valid:
First, the person to be arrested must execute an overt act indicating that he or she
has just committed, is actually committing, or is attempting to commit a crime; and,
Second, such overt act is done in the presence or within the view of the arresting
officer.
There must be probable cause to effect the in flagrante delicto arrest, referring to
those facts and circumstances which would lead a reasonably discreet and prudent
man to believe that an offense has been committed by the person sought to be
arrested. After a valid warrantless arrest is effected, the officer may also conduct a
valid warrantless search, which is in incidental to such arrest.
To illustrate requirement that the overt act must be witnessed by the arresting
officer, the court invalidated the arrest of the accused when evidence showed the
arresting officer was 5 to 10 meters away when a supposedly illegal drug sale
transaction supposedly took place.
Republic Act No. 7438 April 27, 1992
AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED,

DETAINED OR UNDER CUSTODIAL INVESTIGATION AS WELL AS
THE DUTIES OF THE ARRESTING, DETAINING AND INVESTIGATING
OFFICERS, AND PROVIDING PENALTIES FOR VIOLATIONS
THEREOF
Section 2. Rights of Persons Arrested, Detained or Under Custodial

Investigation; Duties of Public Officers. –
(a) Any person arrested detained or under custodial investigation shall at all
times be assisted by counsel.
(b) Any public officer or employee, or anyone acting under his order or his
place, who arrests, detains or investigates any person for the commission of
an offense shall inform the latter, in a language known to and understood by

him, of his rights to remain silent and to have competent and independent
counsel, preferably of his own choice, who shall at all times be allowed to
confer privately with the person arrested, detained or under custodial
investigation. If such person cannot afford the services of his own counsel,
he must be provided with a competent and independent counsel by the
investigating officer. lawphi1Ÿ
(c) The custodial investigation report shall be reduced to writing by the

investigating officer, provided that before such report is signed, or thumb
marked if the person arrested or detained does not know how to read and
write, it shall be read and adequately explained to him by his counsel or by
the assisting counsel provided by the investigating officer in the language or
dialect known to such arrested or detained person, otherwise, such
investigation report shall be null and void and of no effect whatsoever.
(d) Any extrajudicial confession made by a person arrested, detained or

under custodial investigation shall be in writing and signed by such person in
the presence of his counsel or in the latter's absence, upon a valid waiver, and
in the presence of any of the parents, elder brothers and sisters, his spouse,
the municipal mayor, the municipal judge, district school supervisor, or
priest or minister of the gospel as chosen by him; otherwise, such
extrajudicial confession shall be inadmissible as evidence in any proceeding.
(e) Any waiver by a person arrested or detained under the provisions of

Article 125 of the Revised Penal Code, or under custodial investigation, shall
be in writing and signed by such person in the presence of his counsel;
otherwise the waiver shall be null and void and of no effect.
(f) Any person arrested or detained or under custodial investigation shall be

allowed visits by or conferences with any member of his immediate family,
or any medical doctor or priest or religious minister chosen by him or by any
member of his immediate family or by his counsel, or by any national non-
governmental organization duly accredited by the Commission on Human
Rights of by any international non-governmental organization duly
accredited by the Office of the President. The person's "immediate family"
shall include his or her spouse, fiancé or fiancée, parent or child, brother or
sister, grandparent or grandchild, uncle or aunt, nephew or niece, and
guardian or ward.
As used in this Act, "custodial investigation" shall include the practice of issuing an
"invitation" to a person who is investigated in connection with an offense he is
suspected to have committed, without prejudice to the liability of the "inviting"
officer for any violation of law.

Article III of 1987 Phil. Constitution

Section 1. No person shall be deprived of life, liberty, or property without due
process of law, nor shall any person be denied the equal protection of the laws.
Section 2. The right of the people to be secure in their persons, houses, papers, and
effects against unreasonable searches and seizures of whatever nature and for any
purpose shall be inviolable, and no search warrant or warrant of arrest shall issue
except upon probable cause to be determined personally by the judge after
examination under oath or affirmation of the complainant and the witnesses he may
produce, and particularly describing the place to be searched and the persons or
things to be seized.

Cdi 103n Midterm Coverage

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Cdi 103n Midterm Coverage

Uploaded by

Copyright:

Available Formats

UNIVERSITY OF CAGAYAN VALLEY

(formerly Cagayan Colleges Tuguegarao)

Under the law in Ireland a document includes:

 Anything with writing on it

Legal Education Board

Procedures or Steps in Filling Cases

Procedures or Steps in Filling Cases

Proceed to reported place promptly and safely (preliminary stage of investigation)

Legal Education Board

Excerpt from Police Blotter

Legal Education Board

Golden Rule under Arrest

These three exceptions are

Legal Education Board

For an in flagrante delicto arrest under paragraph (a) to be valid:

Republic Act No. 7438 April 27, 1992

AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED,

Section 2. Rights of Persons Arrested, Detained or Under Custodial

an offense shall inform the latter, in a language known to and understood by

(c) The custodial investigation report shall be reduced to writing by the

(d) Any extrajudicial confession made by a person arrested, detained or

(e) Any waiver by a person arrested or detained under the provisions of

(f) Any person arrested or detained or under custodial investigation shall be

Legal Education Board

Article III of 1987 Phil. Constitution

Legal Education Board

You might also like