Good morning po sa lahat ng mga criminology students sa Luzon, sa Visayas, at sa Mindanao. Sa ating mga kaditi sa Foundation University, pati na sa CITU or sa Cebu Institute of Technology University. Magandang umaga po. Sa ating mga criminology instructors, mga regular, tsaka yung guest instructor.
Sa mga review lectures natin nationwide. Welcome po sa pangalawang episode sa subject na Fundamentals of Criminal Investigation with Police Intelligence. Lahat po ng mga topics na diniscuss natin or i-discuss pa lang are aligned with PRC and CHED course contents.
kaya malaki po ang posibilidad na marami po sa mga topics na ma-discuss na pwedeng lalabas. sa Criminology Licensure Examination. So in the previous episode, we talked about the definition of criminal investigation, pati na yung aims or stages ng criminal investigation.
We also talked about the three I's or the tools of investigation. At the same time, we made mention about circumstantial evidence, pati na yung mga physical evidences. Now, sa episode... will be concentrating more on crime scene crime scene crime scene investigation we will be highlighting on arrest search and seizure now without further ado let us define first what is crime scene investigation crime scene investigation is the conduct of processes More particularly, the recognition, the handling, the preservation, the documentation of physical evidences.
Take note po, ang ibig sabihin ng crime scene investigation po, una, it will involve about recognition, handling, preservation, pati na sa documentation ng physical evidences. Ang physical evidences po, ito po yung mga materials that we obtain inside the crime scene. Yun po tong mga ebidensya na ito. Ito po yung mga pieces of evidence na nakukuha natin from the crime scene.
Pangalawa, hindi lang po recognition handling, preservation and documentation and preservation of physical evidence. Sa crime scene investigation din po, kasali na... din po yung tinatawag nating identification and interview of the witnesses. So hindi lang po handling, recognition, or documentation ng physical evidences. Part na din po ng crime scene investigation ang pag-identify tsaka yung pag-interview ng mga witnesses.
Pangatlo, hindi lang handling ng physical evidence. Hindi lang din identification tsaka interview ng witnesses. Pati na rin ang pag-arrest ng suspect or suspects coming from or that suspect inside the crime scene.
So basically, to summarize, ang ibig sabihin ng crime scene investigation, it talks about preservation, documentation, handling, and recognition of physical evidences, as well as the interview of the witnesses. and the arrest of the suspect. Take note po sa nagre-review, kakaiba po yung definition ng criminal investigation tsaka crime, sin.
Diba in episode 1, when we say criminal investigation, this involves the process of identifying the suspect, locating and arresting the suspect, and providing evidence to support the guilt of the suspect. Yan po ang ibig sabihin ng criminal investigation. Pero ang crime scene investigation po, ang definition po nito is already contained in the context of the crime scene na. Itong pag-handle ng evidences, pati na yung pag-interview ng witnesses, tsaka yung pag-arrest ng suspect.
I hope I made very clear on the difference between the definition of crime scene investigation and the other one is criminal investigation. Now, the good question right now is, What? constitute a crime scene.
What is a crime scene? Now, according to the answer, a crime scene involves all areas in which the criminal, any possible victim, and any eyewitnesses moved during the time the crime was committed. So basically, a crime scene is a geographical location which contains the movements, not only the movements of the suspects, but also the movements of the witnesses and the movements of the victim. So if the victim in the commission of the crime or during the commission of the crime is having a movement from point A to point B, then basically your crime sin should be from point A to point B.
That's how crime sin is. crime scene is is defined now in some crimes the crime scene may actually comprise several different sites there are a lot of cases that your crime scene is several uh is found in several geographical location for example let us say suspect a rape uh uh maria on a particular place After raping Maria, he took the body of Maria, he murdered Maria, he killed Maria after raping her, and he brought the dead body of Maria to Barangay Uno. So basically, in that situation, there are two crime scenes. Number one, the geographical location where Maria was raped, and the crime scene number two is on the geographical location where the body of Maria is deposited. So that is an example of two crime scenes. Two crime scenes.
There is only one crime being committed, but it involves two geographical locations of scenes that involve the commission of the crime. So that's what crime scene is all about. We will proceed to the steps on how crime scene investigation is being conducted. So let's start with the receipt of report.
So, what happens first? What happens first? Usually, what comes first is the report coming from a citizen or maybe a concerned individual who will make a call to the police station saying, Sir, there is a shooting incident in Barangay Uno. So, if there is a report coming from a caller or coming from anybody, The first person, the first focal person would be the desk officer. So, ang desk officer sa police station shall immediately record the date, the time, the report or the complaint was made, the name of the person who made the report, the place of the incident, and the synopsis of the incident.
Ano ba ibig sabihin na synopsis? Yung summary lang po. You don't have to write everything.
Meaning, the back... The background of the story, the background of the complaint, or the background of the report. Synopsis of the incident. It has to be recorded. After that, after the recording, anong sunod na mangyari, cadets?
Inform his superior officer or the duty officer regarding the report. So you have to inform your superior officer, Sir, there is a shooting incident in blah, you have to inform him because after informing the superior what will happen next is the composition ah composition of the CSI team the crime scene investigation team so the composition of this is the most basic you can add more for example you can add assistant leader if you want to but this is the usual composition the team leader is the one who heads the the team Yung evidence collector or evidence collectors pag marami, ano ba ang responsibilidad ng evidence collector? The ones who will... Gather the physical evidences. The ones who will collect the evidence, the evidence, pieces of evidences rather, that are found inside the crime scene.
Pangatlo, pag merong city or municipal health officer, mas mabuti. Kasi pag may mga injured person, importante din po ang role na ito. Number four, yung crime scene photographer.
Ano ba ang responsibilidad ng photographer? Siya po ang mag-document. Mag-document sa crime scene through photographs.
Importante din po ang role ng photographer. Ang panglima, pwede isang tao dalawang responsibilidad. Pwede siya ang magawa ng sketch, at the same time siya din ang mag-measure. But in some other cases, pag marami po kayong manpower sa police station, pwede iba yung sketcher, iba din yung measurer. But they have to go along with each other.
But in some cases, especially if police station has very minimal manpower, pwede lang isang tao, dalawang role, sketchers siya, tapos siya din ang mag-measure. Okay? Ang susunod would be the evidence kustudyan, tsaka security officer na din. So ano ba responsibility ng evidence kustudyan?
From the evidence collector, he will transfer the pieces of evidence to the evidence kustudyan. The one who will receive the evidence. Evidence collector, the one who collects the evidence. Evidence custodian, the one who received the pieces of evidence.
Pwede na din, siya na din yung security officer. Sa ibang composition po, yung driver yung magiging security officer. In some other composition, pwede din po yan.
The last one is the security and protection of? the crime scene if you have again enough manpower for it uh you can get many people as you want from coming from the police station who will maintain the security and protection of the cordon area Now, there are circumstances, cadets, that even if the CSI is not yet complete or the complaint or incident to this officer is not recorded, My police officer na naka-responde sa incident. Ang tawag po sa pinakaunang police officer who responded on the scene is the so-called first responder. Ang pinakaunang nag-respond sa crime scene.
Now, pag ang isang police officer is considered as the first responder, ito po yung mga responsibilities that he have to... that he has to that he has to perform number one cordon of crime scene with whatever available materials like ropes okay straws human barricades pointed in police line or cordon so another purpose of cordoning of the area in order for the evidence is not to be trampled or not to be contaminated. Number two.
Evacuate injured persons to the nearest hospital. Number three, dying declaration for severely injured person, if any. What is dying declaration? Ang dying declaration is a statement taken from a person on the verge of death. Admissible po yan.
That is an exemption of the Hersey rule. Diba? Any statements coming from this person can be admissible. provided that the person is dying.
So if a person is injured and the injury is lethal upon your discretion. It should be lethal. But if the injury is just a scratch, that would be very practical for you to get a dying declaration.
But if the injury is lethal, meaning did die, it's a dying declaration. Next, prevent entry and exit of persons from the cordon area and while waiting for the CSI team to arrive, While waiting for the CSI or the crime scene investigation team to arrive at the crime scene, what you will do is to prepare yourself. Prepare yourself for the briefing and orientation of the CSI upon their arrival.
Now, may tinatawag po tayong PAP. rule for the first responder PAP the PAP letter P stands for preserve human life A stands for arrest the suspect if possible and the last letter P is protect the crime scene so that's what the PAP rule for the first responder means now let us just say let us just say the CSI team arrived but by the way guys let us review first let us review first so at least you can understand this number one again the disc officer will be the one to record the time and date, the synopsis, the name of the person who reported. Then, the disc officer will report to the superior. There will be a creation of the CSI team after. While the CSI team is created, there might be a possibility that the first responder is already at the crime scene.
So, the first responder also has a responsibility. Now, let us say, nakarating na yung CSI. Okay? Nakarating na yung CSI sa crime scene.
So pagdating ng CSI sa crime scene, ang una dapat is creation of a command post, designation po of a command post. Ano ba tong command post? Ang command post is an area adjacent po yan sa crime scene where the CSI evidence custodian stays and receives the pieces of evidence. Diyan po nakastay ang evidence kustodyan para mag-receive ng pieces of evidence.
Aside from that, hindi lang po yan ang function ng command post. Ang command post din po is an area where the briefing or the orientation coming from the first responder will be had. Diba, dumating na yung CSI. So mag-establish ka ng command post.
First, you should do briefing and orientation. Who will orientate the CSI? It's not the first responder.
Because the first responder is the first person who knows about the incident. Then, if you already searched the crime scene, there is also the area where the evidence custodian will receive the pieces of evidence. But then again, we are not yet in the search.
We are still here in the briefing and orientation. So, where is it? saan ba ah iheld yung orientation sa command post okay sunod pag andyan na ang command post tapos na ang orientation tapos na ang briefing from the first responder ang gagawin ng team leader is to make an initiation or to make a preliminary survey preliminary pa lang po okay preliminary ano ba ang mangyayari sa preliminary survey Ah, general assessment. Mag-walkthrough ang team leader. Anong ibig sabihin ng walkthrough?
Meaning, the team leader will have to walk from one point to the other just to make an assessment. Cautious po ang walking dapat para hindi matrampol yung pieces of evidence. Next, takes down extensive note to document important factors. Establish the evidence most likely to be encountered. That defines the extent of search.
Search areas. What is the boundary of the crime scene? Determines the personnel and equipment needed and makes specific assignments. From his assessments, he developed a general theory of the crime scene.
Who will develop the general theory upon his preliminary survey? The team leader of the CSI or SOCO or the scene of the crime operatives. Now, Pag natapos na yan, nagbigay na yung team leader ng mga assignment, pwede na po mag-proceed sa crime scene photography.
Pero, diba sa episode 1, I mentioned about the mock rule. The mock rule saying that you should not move, or you should not alter, or you should not change the crime scene until it is very necessary. I mentioned two situations there in episode 1. Number 1, pag ang biktima po buhay pa.
Okay, buhay pa yung biktima. The victim should be interviewed while waiting for the ambulance. If the ambulance already arrived and the victim is taken away for hospitalization, dyan na po susunod ang sketch, measurement, tsaka photograph.
Second, if the victim is already dead, If the victim is dead, you need to measure, sketch, or photograph before moving the dead body of the victim. That is the difference between the two scenarios. Now, let us just say, let us just say, there is no dead victim.
Proceed with crime scene photography because crime scene photography will have to proceed. over search and measurement. What does proceed mean? Photography should be first in sketch and measurement. What is the purpose of photography?
Of course, to have an accurate, objective visual record of the crime scene before any item is moved or removed as possible physical evidence. Now, if you are assigned as a crime scene photographer, Lagay mo yan sa kukote kadets. O ganito po ha, pag maging photographer ka ng crime scene.
Tatlo po ang pictorial views. Baka lalabas to sa board exam ha. Una, long range.
Pangalawa, mid-range. Pangatlo, close-up photograph. Okay? Long, mid-range, close-up.
Yan po ang tatlong ranges ng photographs na dapat i-apply mo. So you will see long range, the overall scene. for half of the crime scene the distance from the doorway to the room and other corners of the room if the crime scene is in the room in the mid range, 8 or 10 feet from the victim close up photograph, it would depend upon the size of the evidence Okay? The point is, there has to be a clear, close-up view of the evidence.
So, for example, pag semen yung nakuha or nakita sa crime scene, so dapat, it has to be, the distance should be enough to closely, closely view the... piece of evidence so that once the photograph is printed at least there is a legible eligible picture of of that evidence coming from the crime scene after photography let us say tapos na po ang photography ang susunod yung sketch sketcher naman adiba ang sketcher or missioner pwede isang tao lang yan. Dalawang responsibilidad.
Now, ang purpose ng sketch, is to find out the relationship and the distances between things. The measurement will establish the distance. Okay?
Now, there are two general types of sketches. This is very common. Rough sketch and finished sketch.
Okay? Rough sketch and finished sketch. The rough sketch is the sketch made at the crime scene. Okay?
Made at the crime scene. Possibly, may mga resource pa yan. Ang finished sketch, on the other hand, is made after the rough sketch.
And the purpose of the finished sketch is for court presentation. So, yung final na sketch na po para sa court presentation, ang tawag po dyan, finished sketch po. Now, ang rough sketch tsaka yung finished sketch, dapat ginawa yan Among the many kinds of sketches, among these four kinds of sketches, meaning, dapat may rough sketch ka sa locality or may finished sketch ka sa locality, same with the ground scene, with the detail scenes, with the cross-projection sketch. Now, ang tanong, ano ba ang ibig sabihin ng sketch of locality?
When we say sketch of locality, it gives picture of the scene, the crime and its environment. including neighboring buildings, roads, and etc. So if a particular sketch involves the name of the building, the name of the streets, ang tawag po niyan, parang mapa, tawag po diyan, sketch of locality, yung lokalidad niya. Okay? Sketch of locality.
Now, for example, example lang po ito ha. Let us say the crime happened in a hotel. Besides the hotel is a plaza.
The name of the street is Bonifacio Street. Pag nakita po yan or nakareflect yan sa isa na sketch, sa isa na sketch, ang tawag po is locality. Pero pag nakareflect lang is only the hotel. Tapos yung krimen is nangyari sa room 01. Tapos yung sketch mo nakalagay dyan, room 01, where the crime happened. plus the Nervi physical surrounding, the Room 02, Room 33, and the swimming pool.
What we call sketch of grounds is the nearest physical surrounding. The crime happened in room 1. In room 1, what is the nearest surrounding? Room 2, swimming pool, room 3. So, if that is what is written in the sketch, it is sketch of ground.
Sketch of locality is the nearest environment. The name of the streets, the adjacent buildings, and the plaza. A sketch of details, it should be room 1 only. Kung saan nangyari yung krimen. Saan nangyari yung krimen?
Room 1. O di sa room 1 lang yung in-sketch mo. So ang tawag dyan is sketch of details. Ang cross-projection sketch or experience sketch gives the clear impression of the scene in cases where bloodstains or bullet holes are found. Ano ibig sabihin ito?
For example, there's a shooting incident. Nangyari sa room 1 yan. Tapos yung bullet purged through. room 2 room 2 and the other bullet is in room 3 what will happen so you make a cross projection sketch somewhat like a cross that will depict room 2 room 3 and the immediate crime scene so that's the difference between the between the four after the sketch let us say it's done the photographer is done the sketch is also done Ang susunod na naman is yung search na.
Search na kayo sa physical evidences that are at the crime scene. Now, ang mga criminology students nito are very familiar with the four. Yung strip, yung spiral, yung zone, yung will method.
Now, actually guys, ganito po ha. Pag ang crime scene is indoor po. and It is very limited in terms of space.
What does limited mean? The crime scene is small. Right? The crime scene is small in terms of area.
You don't need to apply any mechanics of search. It is not necessary to apply the mechanics of search if the area is very small with fewer contents. you don't need to have a systematic search because the area is small.
But if the area is big, upon your discretion, the crime scene is big, we should utilize the mechanics of search. First, the strip method. The strip method is the searcher's A, B, and C proceed slowly at the same pace.
Along with the path parallel to one side of the rectangle. T, to the end of the, at the end of the rectangle rather, at the end of the rectangle, the searcher turns and proceeds back along new lanes but parallel to the first movement. I will show you the figure later on so you can understand that.
Yung spiral naman, the searchers follow each other in the path of a spiral. Circular in nature. Yung zone naman, This is where the crime scene is divided into quadrants.
If the area is big, usually we are zone method. The wheel method is like a wheel. Wheel that is circular or oval in nature. The searchers gather at the center and proceed outward along a radio or spokes. This is what happens.
Let's look at the slides. Let's look at the slide that contains the figures. on the different search. Now, ang una po dito sa letter A, ang tawag po niyan is single strip search.
Kasi yung strip actually consists of two types. Single strip search lang po yan. From this point, from one point, proceed to the other side, then go back, then proceed to the other side. Strip po yan, single strip.
Pero after reaching to the end, you proceed horizontally again. Hindi na po vertically, but horizontally, going from one side to the other. Ang makikita nyo sa circle na yan, tinatawag po yung grid search or double strip search. Okay?
Double strip search or grid search. Ang spiral naman, makikita nyo sa figure literacy, very simple lang po. Usually, nag-start ka from the outside, tapos papuntang interior, forming somewhat like a circle.
Tawag po dyan, spiral search or spiral search method. Ang whale method naman, lidesin, andyan kayo sa gitna, at the center, lidesin kayong lima, tapos pumunta kayo on the other side, going in opposite direction. Somewhat like a spoke of the wheel. Ang tawag po dyan, whale or research.
Ang last naman, yung quadrant or zone search, makikita nyo, divided into quadrants. Okay? So let us say, ito po yung plaza, diyan ang nangyari yung crime scene, dinivide mo po yun ng four sections or four divisions, four quadrants.
Para one team will be assigned from one quadrant, then another team will be assigned to the other quadrant, and the other team will be assigned to the last quadrant. Yan po ang proseso natin sa mechanics of search. Now, Let us say, nakuha na yung evidentia. The evidence has been found, documented, labeled, and preserved, and was already turned over to the evidence kustodyan. Ang susunod is ang tinatawag natin conduct of final survey.
Sino ba ang mag-final survey? Yung team leader. Kasi there might be cases that the team leader will suspect another evidence. So yan po ang reason. Bakit may final survey?
Pero pag wala na po, then okay na, release of the crime scene na. Pero again, need po ha ang final survey para at least ma-review yung crime scene by the team leader. Pag wala na again, yan na po ang time na mag-release na po kayo ng crime scene.
And you feel that everybody or everything has already been taken care of. Yan po ang proseso ng crime scene investigation. Now, pag na-release na po ang crime scene, tapos na ang crime scene investigation mo, na-release na po.
Diyan po, pwede ka na makakreate ng crime scene or we call this one as reconstruction of the crime scene. Ang reconstruction of the crime scene means an effort that is made to determine the appearance of the place, its objects, what actually happened or what actually occurred. and what the circumstances of the crime were.
So, basing on the evidences you collected, basing on the picture, okay, of the crime scene, makukuha mo po ang projection mo. You can imagine what actually happened, what actually occurred in that scene. Tawag po niyan reconstruction of the crime. Now, the reconstruction of the crime, there are two.
It came out in 2014, Criminology Licensure Exam, Physical and Mental. Physical reconstruction is the physical appearance of the crime scene is reconstructed from the description of witnesses and the indication of the physical evidences. So, for example, The dead body of the victim is there. Tapos, adjacent to the dead body, you can see the knife.
The knife, tainted with blood. And when you take a look at it, you can see that the victim is suffering from stab wounds. So, the prediction would be, the knife was used in stabbing somebody. Yung mental reconstruction.
So, from the physical reconstruction po, pwede ka na pong gumawa ng conclusion. concerning the consistency of the accounts of various witnesses. So, ano po ba ang pinagkaiba sa dalawa? Ang pinagkaiba is that physical reconstruction, that is a, you try to reconstruct the physical appearance of the crime scene basing on the evidence, basing on the pieces of evidence you collected from the crime scene, and basing on the description of the witness.
Ang mental reconstruction po is a product by the physical reconstruction so after physical reconstruction you can now make a conclusion that's called mental reconstruction now a while ago I made emphasis on chain of custody I said in episode 1 if the pieces of evidence that was collected in the crime scene the chain of custody was not established we will kill the judge there because it will not be admissible if the chain of custody hindi na-establish. Now, ano ba ibig sabihin ng chain of custody? It is the number of persons who handle the evidence between the time of the commission of the offense and the ultimate disposition of the case and should be kept to minimum. Ano ibig sabihin ng keep to the minimum?
The fewer, the better. So, kung less lang po yung nag-handle sa evidence, mas okay po. So, the number of persons who handle the evidence, like you pass your evidence, you collect it from you, to the other guy we call that one as chain parang kadena chain of course today from one person to the other remember again as i have told you a while ago the evidence can only be admissible if that chain of course today is established 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.
I mean to say, all of us Filipinos have the right to be secure in our houses, in our persons, even our papers and effects against unreasonable searches. And no search warrant or warrant of arrest shall be issued except upon a probable cause. We'll discuss later on what is a probable cause.
To be determined personally by the judge after the 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. So, what it means in this section, we have the right to be secured in our own persons, houses, papers, and effects against mga searches na yan or warrant of arrest but then again ang karapatan na ito under section 2 is not absolute okay it's not absolute right but rather it is a limited right why because in section 2 it has been stated that anybody can be subject to search if there is a warrant if there is a search and can be subjected to arrest if there is a warrant of arrest, provided that according to this section, there should be a probable that exists. Okay? A probable that exists.
Sino ang mag-determine sa probable? Probable cause ang judge upon the examination under oath or affirmation of the complainant, planet including the witnesses and the evidences he produced. Para mas lalo natin maintindihan ang section 2, we will go back to the scope, okay?
The scope of protection of section 2. Tatlo lang po yan. Persons, houses, papers, and effect. We will start with person. Ang persons po that are protected under section 2 do not only include Filipino citizens, okay?
But this also includes aliens. What are aliens? Are these UFOs from other planets?
No. Aliens refers to foreigners. So if an American guy will reside in the Philippines, under the principle of generality and territoriality, they are under our protection.
Under the protection of our laws of the Philippines. So again, persons do not include only Filipino citizens but also foreigners residing in our country. Ang houses po naman is not limited to our personal abode or our personal dwelling.
Ang houses includes yung garage, yung warehouse, yung shop, yung store, even safety deposit vault. Naka-include na po yan sa definition ng houses. Ang papers and effects will also include sealed letters and packages in the mail. It can be opened and can be examined in the pursuance of a search warrant.
So ang nakalagay sa section 2, lahat po tayo may karapatan against unreasonable arrest or unreasonable searches. Pero, ang sabi ko kanina, this karapatan, this right, is not absolute. Why? Because this is derogable. It is limited.
Limited in the sense that this right can be taken away in the presence of what we call a probable cause which will be determined by the judge. So if there is a probable cause, a warrant of arrest or a search warrant can be issued against you and you lose your right against against searches and unrest. So that's what will happen. Now, let's look at what is probable cause. This is just a review for all under the old and new curriculum.
We mentioned this so many times in the major subjects. Probable cause, probable cause, and probable, even in criminal law. Even in CGS, criminal justice system, we always keep on mentioning what is a probable cause. But let's just review. Unprobable cause refers to facts and circumstances as are sufficient to engender a well-founded belief that a crime has been committed.
And that the respondent is probably guilty thereof and should be held for trial. So if you will understand this piece by piece, ang ibig sabihin ng probable cause, ito po yung mga ebidensya natin. Ebidensya that will make a prudent man believe that a crime has been committed and the person might be guilty thereof. For example, Pedro opened your drawer and took up the 5,000 pesos.
And all of this, all of these happenings was recorded in a CCTV footage. So, CCTV footage can be an evidence that will prove or that will tell you that Juan or this guy was the person who stole the money. So you now have the so-called probable cause. Walang probable cause po pag you just go to a park and arrest somebody without justifiable reason. Wala po yung probable cause.
Or somebody told you that Maria took your money and you go to Maria and arrested him. That is not a probable cause. Because the probable cause will have to be based on circumstantial evidences. and tangible evidences that will prove that this person committed the act, and that he might be probably guilty thereof.
Yan po ang ibig sabihin ng probable cause. You're a police officer and somebody told you that Pedro was into the illicit or illegal drug business. And after that, after you received the statement, You proceed in conducting a surveillance, an intelligence activity on Pedro. And lo and behold, nakikita mo in your plain eyes that Pedro was really, was actually, was in fact into the illegal drug business.
So you now have your evidences on hand plus your deposition. We say deposition, the written testimony of the witness that Pedro was into illicit drugs. So if you will go to the court, The court would say that there is a probable cause, okay?
There is a probable cause in order to arrest or in order to issue a search warrant against Pedro because you have the facts and circumstances that will make a person believe that this guy committed a crime and that he might be guilty thereof. Pero, pag ang nangyari would be on the other side, would be opposite. Now you just received a chismis from somebody. You received a chismis that Pedro is into drugs. And you proceed to the crime scene directly.
And arrest him directly. Again, wala pong probable cause in that situation. So you are violating basically the right. Pero pag may evidences ka, may deposition ka, you conducted surveillance and intelligence activities against Pedro and you saw. you collected these evidences that would prove that pedro committed a crime and he might be guilty thereof then in that case like exist put john anti-natal nothing probable cause okay so section two as i have said the poyan absolute right okay the poyan absolute right ang tanong ngayon sino ang mag-issue sa search warrant at warrant of arrest who is authorized to issue the warrant of arrest and the search warrant okay who is authorized the person is only the person that is only authorized to issue the warrant would be the the judge the judge again as i have told you a while ago the basis for the issuance of the warrant of rest And the search warrant will be the probable cause.
Pangatlong tanong, ano ba yung probable cause? Ang probable cause would refer to evidences, the facts and circumstances that will help the person, a prudent man, to believe that a crime has been committed and that that guy might be guilty thereof. Okay? So, napaka-basic po, cadets. Ang differences between warrant of arrest and search warrant.
Ang warrant of arrest is... An order signed by the judge directed to a police officer commanding him to arrest the person specified therein. Okay? Specified therein.
Commanding him to arrest. Tawag po dyan, warrant of arrest. Question, sir. Ang nakalagay sa rule of court, sir, ang validity ng warrant of arrest is 10 days. Na-discuss ko na po ito sa other episodes.
Okay, some other subjects on ten days put John Hindi po Yan lifespan and warrant of arrest because the lifespan of the warrant of arrest is forever Unless unless it is affected our Quest or has been left in pero pag hindi and lifted Hindi and if it affected Hindi and not washed by the regional or that by the trial court making maging maging effective po yan, maging standing po yan. Wala po yang invalidity. Alright? There is no lifespan. Okay?
Validity of the lifespan. Ang 10 days po na nga nakalagay sa rule of court, ibig sabihin po dyan, those are the number of days for the police officer to file this report to the issuing court should he fail to effect the Warrant of arrest. Ano ang 10 days? Yan po ang reglementary period na mag-file ka ng reports issuing court ang nag-issue ng warrant of arrest.
Number two, search warrant. Ano ang search warrant? Same lang ang definition ng warrant of arrest.
Only that, in a search warrant instead of arrest, ang nangyari to search. Sino ang nag-issue? Judge. Ano ang nangyari?
In order He ordered the peace officer or the police officer to search a particular property and bring it before the court. Okay? Bring it before the court. That's the difference between search warrant and warrant of arrest. But again, take note.
Under Section 2, a search warrant and warrant of arrest which will only be issued by the judge shall only be issued once there is a probable cause now another reason bucket on section 2 the second right is derogable or limited in a sense that anybody can be arrested without our run based on the grounds of in flagrant delicto hot pursuit and escape prisoner Tatlo po yan! Okay, tatlo po. Derogable po ang section to. Very limited right.
Kasi anybody under these three circumstances can be arrested po without a warrant. Ang pagkasabi sa section to, pwede kang ma-arrest, pwede kang ma-search pag may warrant. Pero ang sabi ko, again, limited yan na right. Kasi anybody can be arrested. You can be arrested if you belong in any of the three circumstances.
First, a police officer can arrest you without a warrant when, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense. Ang tawag po dito, take note kanets, in flagrant. Delict to arrest. So, pag ang board examination, magtanong sa'yo, ano bang ibig sabihin ng Inflagranti delict to arrest? So, dapat ang answer mo is, when in the presence of the police officer, the person to be arrested has committed, actually committing, or is attempting to commit an offense.
Yan po ang ibig sabihin ng Inflagranti delict to arrest. Pero, ilagay po natin sa kukote natin. Kailangan We must meet the two requirements before we execute the inflagranted delicto arrest. So you, as a police officer, you have to be mindful of these two requirements.
First, The person to be arrested must execute an overt act. Ang tanong ngayon, Sir, ano ba ibig sabihin ng overt act? Ang overt act, ibig sabihin, you perform it externally.
You perform it externally. Kasi, if you only perform the act internally, let us say, you have this hatred. against Pedro and you murder him, you murder Pedro 1,000 times in your mind, in your mind only. You wanted to hurt Pedro in your mind only. That is not an overt act, but rather a covert act.
An act is considered as overt when you perform externally the act, okay? You perform externally the act. So, in number one requirement, the person should perform an overt act indicating that he has committed a crime or is actually committing or is about to commit the crime.
Number two, the act should be done in the presence or within the view of the arresting officer. Dapat nandyan ka. Dapat you are present in the area.
Because if you are not present in the area, problema tayo. For example, somebody just gave you a chase message and that somebody said, Sir! Pedro stole my 5,000 pesos.
And you go and proceed to the area and you arrested Pedro under the virtue of implacable delict to arrest. That cannot be justifiable under the court of law. Why?
Because you were not there. That is just a cockpit of chismes. That is just a hearsay according to the law. So, it's not possible.
He should have executed the overt act. Number two, the overt act should have happened in your... present and that but a person has committed or number two is actually committing or number three is attempting to commit a crime now I put in the lowest portion I state in here that it is not sufficient that the suspect exhibits unusual or strange acts or simply a purse suspicious That is not a sufficient ground. For example, while doing patrol, you as the police officer, you saw Pedro staring on a jewelry shop. Staring on a jewelry shop.
And when you observe him, Pedro was there for about three hours. Just staring on a jewelry shop. Just staring on a jewelry shop. Staring on a jewelry shop for three hours is very suspicious. But even though it's very suspicious, that is not a ground for you.
That single circumstances is not a ground for you to execute an arrest on Pedro. Why? Because mere suspicion is not a ground for in flagrante delicto arrest. Question. In flagrante delicto arrest, do you need a warrant?
The answer is no. You do not need to. procure a warrant because of the urgency it would be very practical cadets pag may nangyari na krimen in front of you and you go to the judge and ask for a warrant wala na po pag balik mo wala na wala na ang krimen kasi because of the lapse of time so dapat you execute immediately the warrantless arrest you can ground for arrest without a warrant When an offense has just been committed and it has a probable cause to believe, based on personal knowledge of facts or circumstances, that the person to be arrested has committed it.
Ang tawag po dito, hot pursuit arrest. Yung una is in flagrante delicto arrest. Yung pangalawa is hot pursuit arrest. Arrest. Now.
Ang inig sabihin ng has just been committed, para maintindihan, this connotes immediacy. Now, ang measurement of immediacy is between the time the offense was committed and the time the arrest was made. Diyan po ang measurement ng immediacy. Take note, cadets, na ang hot pursuit arrest, to be valid, dapat you execute it.
it within the day. I repeat, for the hot pursuit to be valid, you must execute it within the day. Now, the difference of the flagrant delicto to the hot pursuit is that in flagrant delicto, you are there in the crime scene. You saw what happened.
But in hot pursuit, you are not there at the scene. Only that, you receive evidences, you receive report justifiable for the execution of the hot pursuit arrest. You were not there.
Somebody told you Pedro shot Juan with a firearm. And there is a video that was shown to you. You can conduct hot pursuit arrest.
But the hot pursuit should only be done, should only be valid within the day. Sir, ang tanong, bakit? Anong mangyari, sir? Pag- pag- Ang crime happened Monday, and you conducted hot pursuit, and you arrested him Thursday. Anong mangyari, sir?
Ang mangyari is that the arrest will not be considered as valid. Kasi it was not executed within the day. So, pag hindi mo na-arrest ang tao, ang perpetrator within the day, it should be done that in the next day, you procure a warrant of arrest.
And when you saw that person on the next day, that's the time that you arrest him because you now have a warrant of arrest. Sir, here is the situation. The crime happened Monday. I did not procure a warrant of arrest. I saw the person, the same guy.
Friday. I saw him Friday. Will it be justifiable for him to execute an arrest? The answer is no. It's not justifiable.
It cannot be considered as valid. Why? Because you do not have a warrant of arrest.
And the commission of the crime already lapsed within the day. Ang sabi po ng jurisprudence natin, ang sabi po ng batas natin, hot pursuit should be done. within the day. This is something that you have to take note. Cadets, if you are planning to be part of the Philippine National Police.
Now, ang last one is, yung taong prisoner. Ang prisoner dito can be number one, serving final judgment. Number two, temporarily confined.
Or number three, a detainee. Ang mga tao na to, that are confined inside the jail. if they escape from a penal establishment, you do not need to procure a warrant of arrest. All you have to do is to arrest them directly. Why?
Because under the paragraph C of Section 5 of Rule 113, the police officer has the power to arrest an escaped prisoner. Aside from warrantless arrest, Section 2 writes, of the person is limited again because of search without a warrant okay so my my grounds for tyo that anybody can be searched without the virtue of our art if again that somebody I pass up osama circumstances number two for example number one warrantless search incidental to a lawful arrest and among ibig sabihin dito. When you say incidental po, meaning consequence lang po yan.
Ano ang nag-una? Ang nag-una is lawful arrest. After the lawful arrest, you conducted a warrantless search.
Ang tanong, is the warrantless search valid? The answer is yes because the warrantless search is preceded by a lawful arrest. So dapat, ang nag-uuna is ang Lawful arrest. Tapos, you conduct a warrantless search. And that warrantless search can be valid.
For example, you execute a warrant of arrest against Pedro. After you execute the warrant of arrest of Pedro, you are successful. You handcuffed him. After you handcuffed him, you put him in his clothing and Lo and behold, you recover a .45 caliber firearm. The question right now is, is the search valid?
The answer is, yes, it is valid. Why? Because the search that was conducted was consequential of the lawful arrest.
So, dapat, dapat, ang nag-una is ang arrest, tapos you conduct. a search that is warrantless and that is valid pangalawa search of evidence in plain view de to po tyo nagka problema yung mga police officers natin usually dito sila nagka problema legally kasi yung I tell you cadets yung job of being a officer is very sensitive but not Kamala Kapoor You are a law enforcer, so you have to be well-versed with the law. Because if you make a mistake, being a police officer, I tell you, there are only two things that will happen. Number one, it's either you will be suspended or demoted. Or number two, you will be terminated because there is a case.
You have been found guilty of a crime you committed because of violation of this tenets of law. Sudapat! We have to be well-versed. So dito po nagkamali, usually, nagkaproblema po tayo ang mga police officers natin. Search of evidence in plain view.
Ang plain view po, ibig sabihin dyan, napakasimple lang po. Anything seen on plain sight. Meaning, plain sight po, yung visual lang natin, visual on things, not readily observable. Ibig sabihin ng readily observable, you do not have to Scan. You do not have to lift.
You do not have to throw things just to look for something. Meaning, kung ano ang nakikita mo, yan na. Yan ang plain view.
Kung ano ang observable, yan ang pasok sa principle of plain view. Ang evidence na makikita mo dapat immediately apparent. Ano ang ibig sabihin ng immediately apparent?
Meaning, nakikita mo agad. You can see it right away because if you open the drawer, you saw the evidence there. Of course, the evidence you recovered is not apparent.
When you say apparent, you can see that there are firearms on top of the table. That's apparent. When you conduct a checkpoint, you saw that the person was bearing with him a suspected sachet of methamphetamine hydrochloride. That's apparent.
Apparent because that is observable. But if the particular evidence is hidden, hidden, it means it's not apparent. Because the evidence is hidden.
Second, the evidence was inadvertently discovered by the police who have the right to be where they are. What does inadvertence mean? I put it there so you can understand.
Ang inadvertence, ibig sabihin, you as a police officer conducting the search, Has no knowledge that the evidence is present in that particular place during the execution of search. Wala ka pong kamuang-muang. You do not have the knowledge that the evidence is there.
You just saw it. You just saw it, apparently. You just saw it on top of the table. Or you just saw it on the floor.
That is what we call as inadvertence. Because if you knew in the first place that the evidence is inside the drawer and you still scan it, you took the evidence, that is a violation of the inadvertence rule. So, the plain view is that you should see it immediately. It is observable.
Number two, it should be inadvertently discovered. Meaning, it should be accidentally discovered. yan po ang tinatawag natin na plain view. Okay? So, pwede bang i-confiscate?
Pwede bang i-search without a warrant? Without a search warrant? The answer is yes. Why? Because napasok po yan sa circumstances on plain view doctrine.
Ang pangatlo is search to a moving vehicle. Now, ang moving vehicle po ang mangyarian is that if you are a police officer, usually there is a reduction of sight or of visual. Kasi yung vehicle is on transit. Especially if the vehicle is running 80 kilometers or 90 kilometers per hour, of course, that will reduce your visual as a police officer. So, pag may suspicion ka po, that will lead to a probable cause.
For example, nakita mo running vehicle. An individual making another person as a hostage using a .45 or a high caliber firearm. You saw it in your plain eyes. But the vehicle is moving. Do you have the probable cause?
The answer is mayroon na. You have the probable cause. And you can search the moving vehicle without a search warrant.
Ang pang-apat, is consented warrantless search. Again, this is another area. Another area that our police officers have a problem with.
Consented. What does consented mean? It means the person who is subject for arrest tells you, permits himself to be searched. This is a part or a gesture of or an act of relinquishing or abandoning the right against search so pagsabi ng police officer i want to search you and the guy said okay sir no problem but that is what we call us consented search pero ikaw na police officer in the consented search dapat you have to observe the principles underlying consented search.
Kasi ang tanong, is mere verbal consent enough to justify a consented search? Is mere verbal consent enough to justify a consented search? Ibig sabihin ba na pag ang tao nagsabi na, sir, okay sir, no problem sir, you can search me.
Ibig sabihin ba that that is already a good ground to justify a valid warrantless search? The answer is no. Why?
Because we have to observe 1 to 9 as you can see on your screen. Number 1 is that... In the consented search, dapat you have to consider ang age of the defendant. Ano bang ang age of the defendant? Meaning, pag ang tao ay minor, for example, 17 years old or 16 years old, the consent is not valid, okay?
The consent is not valid because he is still a minor. Or if the person you are about to search is a 10-year-old, the consent again is not valid because of the age of the the the defendant or the person try to consider the location whether it is public or secluded location hidden from view instruct him to be there at a very isolated area Walang makakita sa inyo. And you ask him, is it okay to search you? Even if the person will permit it, again, the search is invalid because in that case, the will or the volition of the person has been clouded because of intimidation and the fear on you as a police officer. So hindi po pwede, hindi magiging valid yan.
So dapat it should be in the public. Number three, whether he objected to the search or possibly looked on. Emerging gestures like nodding the head of the person should not be a good gesture that will warrant for the warranted search.
There has to be an explanation on your part and a verbal response on the part of the individual. Number four, you should also consider the education and intelligence of the defendant. Because education, usually what happens, cadets, when our brothers and sisters go to the town, and there's a police, these people, especially those, I'm sorry to say this, not all of them, those with low education, na nasa far-flung areas, medyo ma-intimidate sila. So, ang intimidation na yan will cloud the voluntariness on the part of the person. So, dapat i-consider mo din yan as a police officer.
Number five, the coercive police procedures. Okay? For example, yung police officer natin na medyo demanding, medyo bossy.
Give me your license. Give me your OR of the motorcycle. I want it now.
These are examples of a very coercive nature of procedure. We can see that in the checkpoint. That's not the point. That's what we have to consider it. Because if you do that and the person is intimidated and you conducted a search and you found a .45 caliber firearm, the question is, can you use the .45 caliber firearm as evidence against the person?
Technically, no. Legally, no. Why? Because the search is invalid. And the evidence can be considered as a fruit of the poisonous tree.
Number six, defendants believe that no incriminating evidence will be found. Dapat consider mo din yan. The nature of police questioning, dapat you have to be polite.
The environment in which the questioning took place and the possibly vulnerable subjective state of the person consenting. Okay? Pag ang tao is a special child. If the person has a defect in mind, you subject him for the search and he consented.
The problem there is, is the search valid or invalid? In that case, taking a look on the vulnerability of the person, that can make the search invalid. So you must consider all of this. Pag naging cardo talisay ka na, naging police officer ka na, cadets, after the review, you pass the board examination, after taking a look on the discussions that we have right now, naging police ka, o dapat you go back again to this discussion para at least when you go there at the field, you will be guided on what? to do because an ignorant policeman is a futile, a mentally paralyzed law enforcer.
You are not effective if you do not know the law because after all a law enforcer should be well-versed. With every single law that we have in our country. Ang panglima na basis sa search without awarat is custom search.
If we will go to the airport or the seaport, yung mga baggage natin is subjected to an X-ray search. Nag-search po ang mga police officers natin, ang port authorities natin, ang cost. guard natin sila nag search but the question is is the search valid the answer is yes because that is under paragraph d section 2203 of ra 1937 no need to procure a search warrant in that in that case number six ito po stop and frisk ang tawag po nito is terry searches po yan Stop and frisk ha?
Tawag dyan terrorist searches. Ang nangyayari po sa stop and frisk search, ang police officer, you flag or you stop, you instruct a person to stop, okay? And then you interrogate him.
After your interrogation, you pat him for weapons or contraband. Now, the grounds of suspicion are reasonable. when it's based on actual facts strong to create the probable cause.
Ang sabi ko kanina, mere suspicion should not be a ground for warrantless search or warrantless arrest. Mere suspicion. Pero sa stop and frisk or theory searches, pag ang suspicion is reasonable, Okay?
Reasonable. Pwede po na mag-search ka without awaran. Ang tanong po ngayon, Kailan maging reasonable ang suspicion?
Okay? Kailan naging reasonable ang suspicion? Maging reasonable ang suspicion if it includes More than one circumstances.
More than one circumstances. That if you put together these circumstances, it will tell you that a criminal activity is being done. More than one circumstances. For example, first circumstance.
circumstance you're so a suspicious person wearing a long jacket okay it's a sunny day but the person is wearing a long jacket the circumstance number one circumstance number two you saw a tip of a metal suspected to be a muscle of the firearm at the sideways of the person that's circumstance number two Circumstance number three, when you start to apply... Approach the person. When you are about to approach the person, that guy runs. Okay? Tumakbo po yung tao.
Three circumstances po. Now, is the suspicion reasonable for you to execute a warrantly search? The answer is yes.
Because if you will put it together, one, wearing a long jacket, even if it is a sunny day. Two, you saw a metal, suspected to be a muscle of the firearm at the sideways. Three, when you are about to approach him, when he looks at you, he runs.
If you will put it together, that will tell you that a criminal activity is about to be done or is being done. So in that case, that inference now is reasonable. That suspicion that you have now is reasonable.
So therefore, you can now execute a warrantless search. Pero, remember, future police officers, dapat stop and frisk search should only be limited to outer clothing. Ano mangyayari?
Anong ibig sabihin ito? Dapat you only tap him. Frisk search.
When they say frisk search, you only tap him. Tap the outside clothing. Tap him for possible contraband and weapon because if you instruct the person to strip Is the ripn about strip meaning? You talk of the clothes of the individual, including the underwear, I'll tell you, your search is already invalid.
Why? Because the stop and freeze search is only limited to outer clothing. Anyway, cadets, on stop and freeze or theory searches, I almost forgot.
In the stop and freeze or theory searches, when you approach the person, a suspicious guy, Dapat, the first thing that you have to do is to introduce yourself, your authority, your rank, your name, whatsoever. You have to introduce him because that is also a requirement under the law. Now, let us go now to number seven.
Another ground for warrantless search. Exigent and emergency circumstances. Yung mga instantaneous na judgment or decisions, like spontaneous situations. I put an example on your screen, cadets.
Hindi na po kailangan ng warrant yan. For example, rescuing an occupant on a burning house. After hearing a gunfire inside the house, you proceed, you go inside. Emergency aid to a person being injured inside a building. Response to a person who screams for help inside an establishment.
You do not need all of these. These are exigent and emergency circumstances. It will be practical.
If you went to the court, you saw a gunfire, a repeated gunfire, then you go to the court to procure a search warrant. It's gone. It's gone.
It's all over when you go to a crime scene. So, you should consider that an exigent and emergency circumstance because the search can be valid under this principle. Our last one is the warrantless search. because of inspection of buildings and other premises for the enforcement of fire, sanitary and building regulations. Hindi na po kailangan ng search waran.
For example, nag-apply ka ng building permit, tapos pupunta sa'yo yung personal ng BFP. Mag-search kung meron ka bang fire extinguisher, yung point of exit mo, tsaka yung point of entrance. Basically, they will be doing search.
So do they need a warrant? The answer is no. Because they belong to the principle of Number 8, inspection of buildings and other premises for enforcement of our sanitary and building regulations. So basically, those are the grounds, the limitations under the right, the second right under Section 2 of the Bill of Rights of our Constitution.
Now take note cadets, sa lahat ng may plano to become a police officer, sa lahat ng future cardo dalisay, you listen up po. May bago po tayong rules ngayon issued by the Supreme Court in terms of arrest and search. Ang tawag po nito, rules on the use of BWC.
or body-worn cameras in the execution of warrants. Allow me to read. Para imaintindihan natin na, dapat you have to put this at the tip portion of your brain. During arrest, it is required to have at least one body-worn camera and one alternative recording device, a minimum of two devices to capture the events during the execution of arrest. So, ano ang ibig sabihin nito?
Actually, it's not just arrest, it's also search. It's also search. So, during arrest and search, this is required. First, a BWC, body-worn camera.
Second, an alternative recording device. What's the difference between the two? The alternative recording device is the device that can record.
The body-worn camera can record, but it's attached to the body. ng police officer dalawa ha one recording device body worn camera rather than one alternative recording device second second second rule in case of unavailability officer can file a motion motion before the court to use alternative devices now If you don't have a body-worn camera, you go to the court and file a motion and we will say, Your Honor, I will only be using two alternative recording devices because I don't have a BWC. If it's a grant, it's okay. Okay?
So, it means, if it's a grant, you will use two alternative recording devices if you don't have a BWC. Now, when making an arrest by virtue of the warrant, or when making a search by virtue of the warrant, The officers wearing a body-worn camera shall notify the person to be arrested or to be searched that the arrest or the search is recorded. Okay?
Ano po ba ang implication nito? Diba? When you do arrest, ha?
You listen up, ha? Cadets or sa magiging cardo dali sa'yo dyan. Diba? During the arrest, you will explain. the Miranda rights, you will say, you have the right to remain silent.
You have the right to counsel. I arrested you because of the crime of blah, blah, blah, blah. Dapat pala, you have to notify him. Additional po yan, aside from the Miranda rights, you have to notify him that the recording or that a recording is ongoing. So dapat, you will say, Mr. Juan, I have been arresting you for the crime of murder.
There is a warrant against you, issued against you. You have the right to remain silent. If you refuse to remain silent, any words that will come from you will be used as evidence in the court.
You have the right to counsel. If you cannot afford one, the government will provide you with one through the public attorney's office. Last pala is that you say, I have to inform you that the recording is ongoing. or that this arrest is being recorded. Pati na yung sa search, dapat you have to notify the person.
Next, video and audio recording shall be activated upon arrival at the scene of the arrest. Saan po ba? At the arrival na po.
Pag nalabas to sa board examination, activation, saan mangyari? Arrival na. So kung ang...
So, kung ang area of arrest is in Barangay Uno, pag arrive nyo sa Barangay Uno, dyan na po mag-start yung recording. Hindi mo pwede din na mag-start ka ng recording sa police station, pero ang mangyari dyan, it will take a lot of memory sa recording device mo. So, mas maigi na pag-aray mo sa crime scene, dun ka na mag-start ng record. Now, ang tanong ngayon is, Ano po ba ang effect pag ang officer hindi nag-observe? Hindi nag-observe ng ruling sa body-worn camera, nakalimutan eh, Your Honor.
Nakalimutan. Or sasabihin, Your Honor, nawala po yung body-worn camera eh. So ano po ba ang effect?
Now, iba po yung effect nito. Sa arrest, compared sa search, ganito po ha. Pag hindi na-observe yung ruling natin sa body-worn camera, ang arrest, lawful pa din yan. Meaning, legal pa rin yung arrest mo.
Ang evidence can still be considered as admissible. May nakuha ka ng evidence? During the arrest, tapos wala kang body-worn camera, admissible pa din yan.
Pero, ang officer who failed to use the body-worn camera without justifiable reason, dito tayo magka-problema. Kasi pag wala kang justifiable reason of not bringing the camera, or you manipulate the recording, patay, contempt of court ang kalalabasan dyan. So take note po ha. Sa magkakardo, dali sa'yo dyan.
You listen up very carefully. So dapat po ha, ma-observe ito. Kasi pag na-contempt ka na, na.
Pwede pong pupunta tayo sa prison for 30 days. Sa arrest po, yan. Arrest, legal pa rin. Evidence, admissible pa rin. Pero pag wala kang justifiable reason, contempt ka.
Nag-manipulate mo, ah, nag-manipulate ka during the recording, meaning, You make changes maybe, or you intend to have the camera be focused on the other way around. Ang problema dyan, pwede ka makontem. Kung sa arrest, admissible ang evidence. Ang arrest valid pa din. Sa search, hindi.
Ito po ang problema. Kasi sa search, failure to observe the BWC shall render the obtained evidences in ad. Me, Sibol. What does this mean? For example, you have a search warrant.
You went to the building. Oh, you forgot to wear a body-worn camera. You don't have a body-worn camera. When you reach the crime scene, oh, there's the methamphetamine hydrochloride or the shabu.
There's also the cocaine. There's also the illegal firearms. You got everything. The problem is you don't have a body-worn camera.
Question, will you use it? As evidence in the court, the answer is no. kasi nakalagay dyan, it shall render the obtained evidence is inadmissible. Plus, pag walang reason, content.
Pag nagmanipulate ka sa recording, content of court. Yan po ang effect. So, dapat i-observe po natin ito lahat. This is the latest policy of the Supreme Court. Now, Punta naman tayo sa mga karapatan ng mga tao under custodial investigation.
I mentioned about this a while ago. Okay? Ang rights of persons under custodial investigation ay makikita po yan sa Republic Act C-2438. Diyan po nakalista lahat ng karapatan on those persons under custodial investigation.
Ano po ba ang ibig sabihin ng custodial investigation? Ang ibig po sabihin ng custodial investigation, invitation po yan, inviting a person. Okay?
Inviting a person who is investigated in the connection of an offense. Part na po yan ng custodial investigation. So dapat, ikaw na police officer, dapat mag-observe ka sa karapatan ng... Tao under custodial investigation.
Una, shall at all times be assisted by a counsel. Ano pong mangyari pag walang counsel, walang lawyer? If you will become a police officer cadets, pag nag-start ka na ng custodial investigation mo, mag-interrogate ka na. Nilagay mo yung tao sa interrogation room, pero wala ang kanyang lawyer. Ang gagawin mo is ganito.
This is according to the law. Do not proceed with the investigation. Do not proceed with the custodial investigation. You wait. You just detain the individual until the lawyer will arrive.
Why? Because at all times, there should be an assistance of the counsel. Lagay mo yan sa kukote mo. Pag maging cardo dalisay ka. Pangalawa, Miranda rights.
Okay, right to be informed of the cause and nature of accusation. The right to remain silent. The right to counsel. Dapat you have to explain it. I tell you, do not memorize it.
Dapat i-explain mo yan in a language known to the subject. Di kay para kang nag-flip-top. Diba?
Para ka lang nag-flip-top. You just memorize it. Hindi mo pwede. Dapat you have to explain.
Third one. yung custodial investigation report mo dapat in writing po yan. Tapos, in writing, dapat na-explain po yan by the counsel of the accused. Then, after that, the explanation should be in a language known to the accused or otherwise, pag hindi yan na-explain, pag ang investigation report mo is not reduced into writing, wala na. What will happen is that it will be null and void.
What does null and void mean? It has no effect on the court. Why? You did not follow the procedure.
Number four, all extrajudicial confessions should be in writing. I said it earlier. It should be in writing, signed by the person, the confidant, in the presence of the council, in a language known to him.
and it should be voluntary. Because if it's not voluntary, because you put the person in a solitary confinement, and then you make gestures to intimidate the person, what will happen is, null and void, it will be a fruit of the poisonous tree. and number five any waiver waivers are right now like for example he will confess this that is our waiver of the right to remain silent la hatpun ang waiver nya dapat in writing okay any waiver of a person should be in writing and should be signed in the presence of the council If that doesn't happen, if there's no counsel, if it's not in writing, in a language known to the subject, it's dead.
His waiver will still be null and void. So you have to follow. The next one, the person under custodial investigation or under detention has the right to be visited by the immediate family, the medical doctors, the priest. the council, the national government organization accredited by the Commission on Human Rights, pwede po ang tanong ngayon.
Ano ba ang ibig sabihin ng immediate family, sir? Ang immediate family po, ang sabi ng Constitution, ito po yung fiancé. Kasali po yung fiancé, hindi pa kasal. Yung spouse, yung partner mo sa buha, yung parent, your child, brother, sisters, grandparent, grandchild.
uncle aunt nephew niece guardian ward all of these are considered as immediate family take note again custodial investigation shall include mere invitation to the person being investigated now remember In Republic Act 7438, there are penalties if the provisions of the Republic Act 7438 do not comply. It's either fine of 6,000 pesos, okay, 6,000 pesos is just cheaper. But the problem is the penalty of imprisonment of not less than 8 years. 8 years, but not more than 10 years or both.
When, number one, you fail to inform any person arrested, detained, or under custodial investigation of his right to remain silent and to have a competent and independent counsel, preferably of his own choice, how important are Miranda Rights? Put that in your pocket. Don't arrest another arrest. You should arrest.
Explain the Miranda Rights. do not just memorize it ang sakit kasi sa atin mga pinoy usually we memorize things para lang tayong nag flip top sa miranda rights hindi po pwede i flip top yan dapat you have to emphasize the you have to explain it well to the person being arrested kasi pag hindi mo and inform, patay tayo. 6,000.
Okay lang yung 6,000. Pero yung imprisonment, Nako, terminated pa tayo. Terminated, at the same time, prisuhan pa. Pangalawa, fails to provide a competent and independent counsel to a person arrested.
Responsibilidad pala ng police officer to provide a counsel. Ano ba yung counsel? Yung lawyer.
Pag angang-accus, walang lawyer po. Kasi pobre lang kasi yung accused eh. yung yung accused is nagbibilyard lang tapos yung posta is 20 pesos wala ka na magawa sa buhay what you did is to arrest the individual for illegal gambling, tapos wala wala pong ano, walang lawyer so ano mangyari dyan, ikaw police officer ka ikaw yung mag-provide ng mag-provide ng competent lawyer, kasi constitutional right niya yan eh, so you have to provide him with one, lastly the penalty of per Perpetual. What is perpetual?
It's gone. For eternity. Absolute disqualifications will also be imposed upon the investigating officer who has been previously convicted of a similar offense. So, this is the most painful.
Because with perpetual absolute disqualification, you cannot, for example, terminate being a police officer. You cannot apply in any government positions. Even in the Republic Act, yung sa industrial security agency law sa industrial security agency law hindi ka re-qualified to become a security guard event so yan po ang pinakamasakit sa perpetual absolute disqualification so pag you have been convicted of the offense twice, you can be determined with the penalty of perpetual absolute disqualification.
So, this is not just for review. Those who are reviewing right now, this is not just for review. Do not just limit your knowledge or the application of your knowledge in the review. If it's okay, all of this should be applied. pag nasa law enforcement pillar ka na.
Lastly, cadets, for this episode, we will talk about regulatory period of detention. Ito po, importante din po ito. Very common lang yan.
12-18-36. Ang tao po being arrested can be detained in this time frames, especially yung warrantless arrest. Ano ba ibig sabihin ng warrantless?
Yung arrested without a warrant. Now, If the crime that he committed is punishable by light penalties, it's only 12 hours. Don't detain him for 24 hours or one week. We'll kill him there.
We'll do arbitrary detention there. So what are the light penalties? These are the crimes that are punished from arrest to minor and public censure.
What is arrest to minor? One day to 30 days. You should memorize that. It's basic.
One day to 30 days. So, sir, the question now is, what is the basis? How do we know that the punishment is a light penalty or a risk to minor? Hey, if you're going to be a cartel, your Bible should be the criminal law book 1 and the book 2. So, if there's an alarm and a scandal, you go to the revised penal code. What is the punishment?
Punishment of alarms and scandals. Go to the revised penal code. If it's homicide, you go to the revised penal code and find out the number of years of punishment. So if it's 1 to 30 days, that's a light penalty because it's an arresto minor. 12 hours only.
12 hours only. So she should be released after 12 hours. But if the crime she committed is correctional penalties, correctional penalties, what are correctional penalties?
From... Arresto Mayor up to Prison Correctional Let's go back to very basic Arresto Mayor 1 month and 1 day to 6 months Prison Correctional 6 months and 1 day to 6 years If his crime is punishable By those 2 Arresto Mayor and Prison Correctional It's called Correctional Penalties His detention Should be 18 hours It's included I did po ang suspension sa kayong distyero. Ano ba ito yung distyero?
Distyero is a modern form of banishment. Ano po ba ibig sabihin ng banishment? Sa batas po natin, ang banishment po should be a minimum of 25 kilometers and a maximum of 250 kilometers circumference. For example, taga Dumagiti City ako, tapos may ruling na punishment ko is distyero. Let us say 25 kilometers lang po.
So I have to count north, east, west, south. 25 kilometers, hindi po pwedeng. I have to be inside that 25 circumference.
Kasi ang mangyari po, pwede po ako makontempo. So it's a form of punishment. So pag banish ka na po, ibig sabihin, you have been expelled from a particular place.
So kasali po yan sa 18 hours. 36 hours is punishable by afflictive or capital penalties. How long should you be detained? 36 hours only. What are the afflictive penalties?
Afflictive penalties are from prison major, reclusion temporal, and reclusion perpetua. Afflictive penalties are from prison major. 6 years and 1 day to 12 years. Dapat may 1 day ha. 6 years and 1 day to 12 years.
Reclusyon temporal, 12 years and 1 day to 20 years. Reclusyon perpetua, 20 years and 1 day to 40 years. Ang tanong, may capital punishment pa ba tayo? Wala na po tayong capital punishment. Abolish na po yung death penalty.
Ibig sabihin ang capital penalty is yung death penalty po. Okay? So yun po ang 36 hours. So I hope naintindihan po.
I hope you understand the regulatory period of detention. So, cadets, I have to stop. Let's have time to relax.
Because too much of something is bad. You know what, cadets? My advice to you, after the review, you play basketball, you do entertainment, maybe you want to visit, you go bowling if you want to, so that your mind will be refreshed.
Because if you keep on studying straight, especially the yung iba dyan na medyo it's very taxing to study baka ang mangyayari po magiging ano tayo, magka problema tayo sa mental aspect natin so if possible, let's have time to relax but at least we can, our mind will be refreshed after a couple of hours so thank you so much for joining with me again in this episode, episode 2 I hope and I really pray that you will pass the board examination, stay safe po and God bless Thank you.