Criminal Procedure and Constitutional Rights Flashcards

Comprehensive flashcards covering Philippine constitutional rights, custodial investigation rules, bail, and criminal procedure concepts based on the provided lecture notes.

Custodial Investigation

Any questioning by law enforcement after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way.

Invitation

Under Sec. 2, RA 7438, this practice is included in custodial investigation when a person is investigated in connection with an offense he is suspected to have committed.

Police Lineup

Generally not considered part of custodial investigation because the person invited is not yet suspected to have committed an offense.

Confessions to Media

Admissible in evidence if made spontaneously to news reporters who are not acting under the direction and control of the police.

Audit Investigation

Not categorized as custodial investigation because an audit examiner is not deemed a law enforcement officer.

Right to be Informed

Contemplates the transmission of meaningful information and explaining effects in practical terms rather than a ceremonial recitation of constitutional principles.

Waiver of Rights

While the right to remain silent and the right to counsel may be waived, the right to be informed of these rights cannot be waived.

Valid Extrajudicial Confession

Must be in writing and signed in the presence of counsel, or in the absence of counsel, upon a valid waiver in the presence of specific chosen relatives or officials (PES-MJSP).

Fruit of the Poisonous Tree

A doctrine stating that evidence derived from an illegally extracted confession is inadmissible in evidence.

JPHH (Criminal Due Process)

The four requirements of due process in criminal proceedings: Judicial power, Person jurisdiction, status of being Heard, and a lawful Hearing.

Bail as a Matter of Right

Available to all persons in custody before or after conviction by lower courts, or before conviction by the RTC for offenses not punishable by death, reclusion perpetua, or life imprisonment.

Bail in Extradition

A matter of discretion where the potential extraditee must prove by clear and convincing evidence that he is not a flight risk.

Presumption of Innocence

A constitutional right invoked only by individuals, which prevails over the presumption of regularity of performance of official duty.

Proof Beyond Reasonable Doubt

A degree of proof that produces moral certainty or conviction in an unprejudiced mind, though not necessarily absolute certainty excluding all possibility of error.

Circumstantial Evidence Requisites

Requires that there is more than one circumstance, the facts of the inferences are proven, and the combination produces conviction beyond reasonable doubt.

Equipoise Rule

A rule applicable when evidence is evenly balanced, directing the court to tilt the scales in favor of the accused based on the presumption of innocence.

Assistance of Counsel (Unwaivable)

During trial, this right is not subject to waiver unless the accused is specifically allowed by the court to defend himself.

Inordinate Delay

The standard of delay required to find a violation of the right to speedy trial or speedy disposition of cases.

Sub Judice Rule

Restricts comments and disclosures regarding judicial proceedings to avoid prejudging the issue or obstructing the administration of justice.

Right of Confrontation

A two-fold right to test witness testimony by cross-examination and allow the judge to observe witness deportment.

Subpoena Duces Tecum

A process requiring a person to bring specific books, documents, or other things under their control to a hearing or investigation.

Trial in Absentia

A mandatory proceeding that occurs when an accused is arraigned, notified of the trial, and fails to appear without justification.

AIP (Mandatory Presence)

The instances when the presence of the accused is mandatory: Arraignment and plea, Identification, and Promulgation of sentence.

Right to Appeal

A statutory right rather than a constitutional one, which is waived if the accused escapes confinement or jumps bail.