Civil Procedure Judge Castro 7/6/2024 The lost appeal and when you don’t like the

judgment is not a reason for Appeal

Summary Procedure check
Action Interdictal Body-Worn Cameras in the Execution of
2 000 000 Warrants (warrant of arrest, search warrant
Real Actions 400 000 and up RTC wc includes cybercrime and ipl, warrantless
Ivler case arrest)
- There are BWC issued by PNP but a
Salient Provisions saving clause Alternative Recording
ACTIONABLE DOCUMENT – Only Reply Device that can be used as an
alternative where BWCs are not
Venue in criminal cases is jurisdictional available. Law enforcement units are
Criminal Cases leading case manuel isip given a list of specs
Transitory crimes - “Reasonable clarity” recording
- To address the
Pp vs Crospe “nanlaban”/”pumalag”/ “Nagbato”
narrative by law enforcers
Venue in civil cases
Section 2: Warrants
Pp vs Solar en banc remedy in treachery - Compelling reasons to show if
motion to quash motion or for a bill of operation in Valencia for RA 9165
particulars ( if not can be had in RTC Bayawan within
Pp vs Ukay the same judicial region
Pp vs Sualog - Non compliance of these rules or not
justified bwc Does not have effect on
Pp vs Noel Caoili Variance doctrine does not validity of evidence
apply
Pp vs Fruelda “As far as practicable” - you have to explain
Rape by carnal knowledge if reasonable why bwc was not used.
Rape by Assault “which shall be used the entire duration of
operation” except when law enforcement
Gina Gomez vs Pp officer goes to the CR (can be paused)
EXCEPT WHEN law officer during the
7/72024 operation in the cr

GENERAL PRINCIPLES Different under R.A. 9165, the arrest shall

Soberano vs Pp be recorded under Sec 21
The fact that the DOJ
When effecting arrest law enforcement shall
Lee vs Lee not only recite Miranda rights and likewise
When private prosecutor intervenes to inform that the proceedings are being
recorder
Motion to Withdraw – before arraignment
Motion to Dismiss (nullum proseci(?) – after Members of the Media – photos and videos
arraignment taken shall be turnedover to the data
custodian
“or” disjunctive
Who can access in the recordings
Limited Viewing
To prevent tampering subject of the
recordings and or his or her counsel, parent
guardian etc
Not public record except if incident results
in death on both sides and a death or assault
upon law enforcement officer
If a person declines to use the recording
during the court proceeding this may not be
used by or against him
Violation of this rule may constitute
contempt of court
Arrest/Search
Recordings captured in BWC
- Not substitute for witnesses
Arrest not rendered unlawful if were
unableor taken in BWC IN SEARCH
warrant but will be contempt in courts
RA 9262 acharon ruling justice caguiao
Pp vs kalingasan, natson case that father’s
The New Rule on Cybercrime Warrants
- Devices canOnly can be searched
during Warrantless arrest if doj
applies for a search warrant
PHDO Precautionary Hold Departure
Order
“stop-gap measure”
What if no case yet in the courts still in
the DOJ level, remedy is PHDO
4 Cybercrime Warrants
2. Warrant to Intercept Computer Date
- WICD authorizes ‘electronic
eavesdropping’
3. Warrant to Search, Seize, and
Examine Computer
- WSSECD subject matter is computer
data
4. Warrant to Examine Computer Data
- issued when a computer device or
system is previously seized by another
lawful method
AM No 17-11-03-SC
Section 2
Disini ruling
Cybercrime courts will have jurisdiction
Sections 4 and 5 of RA 10175
jurisdiction RTC Special Commercial
courts bec they are cybercrime courts
All other crimes with the use of ICT
shall be filed with the RTC and other
specialized RTC
Section 2.2 cybercrime warrants applied
in cybercrime courts in City of Manila,
Makati City, Quezon City, Pasig City,
Iloilo City, Cebu City, Davao City, and
CDO
Warrantless Arrest; Search Incidental to
a Lawful Arrest (Pp vs Amago)
In Checkpoint, motor driven was
abruptly turned so police officers
Plain-view loose firearm and knife
Search in Utility Box
Search Incidental to lawful arrest
“Permissible area” (question of fact)
Recovered shabu in u-box
RA10591
Even if licensed, if in possession of
loose firearm, violation of RA 10591
Major parts of a loose firearm mere
possession is considered possession
Warrantless Arrest
Rule 113, Sec 5(a)
1.Ta-ala vs People GR 254800
2. People vs Jumarang
Reasonable suspicion is not synonymous
with probable cause (should’ve applied
with search warrant not arrest right
away)
Reliable information alone is insufficient
without an overt act from the person to
be arrested that indicating that a crime
has been committed about to be
committed… etc
3. People vs Solomon
From the CCTV footage. The police
officers acquired personal knowledge.
From watching the CCTV they effected
an immediate manhunt
Regular PI: if broken pursuit, example
conducted manhunt but stopped after 3
days, they received a tip, not valid
anymore should’ve just file for Regular
PI
Difference Between Motion to Fix Bail
and Motion to Admit for Bail
People vs Padua
Motion to Fix Bail (not yet under
custody of law) asking the court to
declare the amount of bail
Motion to Admit for Bail (under custody
of law na)
Arraignment and Plea
Rule 116, Sec. 1
1. People vs Palema
2. People vs Nurullaje Sayre vs Hon.
Dax Gonzaga Xenos, Hon. Menardo
Guevarra, and People
3. Pascua vs People
Plea bargaining framework of SC
Plea bargaining in open court
4. People vs Reyes
Plea bargaining requirement that the plea-
bargaining offer must be in writing
5. People vs Reafor
6. People vs Borras
Consent from the prosecutor indispensable
7. People vs Montierro, People
Baldadera, AM No 18-03-16 SC
8. People vs Pagal
Accused pleads guilty with a capital offense
3-fold duty of trial courts
1. Conduct searching inquiry
2. Require prosecution to prove the
accused’s guilt and precise degree of
culpability
3. Allow the accused to present
evidence on his behalf
Rationale/essence: pleads guilty but
eventually found out crime is actually lesser
Where Application for Search Warrant Shall
be Filed
Salalima vs People
Validity of Search Warrant
Rule 126, Sec. 4
People vs Mamino
Validity of Search Warrant; Waiver of
Legality of the Arrest
Rule 126, Sec. 4
Mendoza vs People
1 specific offense rule – Stonehill vs Diokno
Not allowed- “scattershot warrant” (2 or
more offenses covering 1 warrant) unless
compound crime
Telen vs People
Stop and Frisk
“totality of suspicious circumstances”
Basic Requirement: Arresting officer has
personally observed 2 or more suspicious
circumstances reasonable inference
“sa mapagmasid na matang lawin ng
hukuman”
Guidelines do not apply to privately owned
cars
People vs Sapla
Warrantless intrusive search of a vehicle on
the sole basis of an unverified tip relayed by
an anonymous informant
No. Bill of Rights Art. III, Sec. 2, of the
1987 Constitution

Warrantless Search; Search Incident to a

Lawful Arrest “The answer is a resounding no”
Saluday vs People
Search of a Moving Vehicle Guidelines and Plea Bargaining
in Terminals - Consent of Public Prosecutor is
Bus searches and related transportation indispensable
- Can be overturned by court if not a
Prior to entry (bus terminals) and b or b and c of sec
In Bus Terminals Routine Inspection: Akin - Montierro case
to airport and seaport security protocol

While in transit
A bus can be searched by government agents
or the security personnel of the bus owner in
the ff three instances:
1st upon receipt of information that a
passenger carries contraband or illegal
articles, the bus where the passenger is
aboard can be stopped en route to allow for
an inspection of the person and his or her
effects.

2nd, whenever a bus picks passengers en

route the prospective passenger can be
frisked and his or her bag or luggage be
subjected to the same routine inspection by
fovernment agents or private security
personnel as though the person boarded the
bus at ther terminal.

3rd A bus can be glaagged down at the

military checkpoint

Is this rule for bus only?

Similarly accepts passenger at the terminal