Criminal Procedure, Constitutional Rights, and the Philippine Criminal Justice System

Vocabulary flashcards covering arrest and search warrant requirements, warrantless arrest rules, constitutional protections against unreasonable search, key Philippine law enforcement and corrections agencies, state powers, and the PCJS pillars.

Warrant

A legal document authorizing an arrest or search that must be specified with particularity to prevent abuse.

Test for Particularity

The standard determining that a warrant is particular when a person described in it can be identified and distinguished from all other persons.

In Flagrante Delicto

A warrantless arrest under Rule 113, Section 5a permitted when a crime is being committed, has been committed, or will be committed in the presence of the arresting officer or private citizen.

Hot Pursuit Arrest

A warrantless arrest under Rule 113, Section 5b requiring an officer to have probable cause and personal knowledge of facts and circumstances indicating a crime has just been committed.

Temporal Immediacy

The requirement in hot pursuit that the time gap between the crime and the arrest must be minimal to prevent evidence and information from becoming stale or contaminated.

Informant-Based Arrests

Warrantless arrests based solely on unverified tips or information from an anonymous third-party informant without the officer's personal knowledge, which renders the arrest invalid.

Fruit of the Poisonous Tree Doctrine

A legal rule under Rule 126 providing that if an initial arrest is invalid, any subsequent search is also invalid, resulting in acquittal due to lack of admissible evidence.

Article 3, Section 2 (1987 Philippine Constitution)

The constitutional right securing persons, houses, papers, and effects against unreasonable searches and seizures, requiring warrants to be issued only upon probable cause determined personally by a judge under oath or affirmation.

Plain View Doctrine

A doctrine permitting the seizure of contraband without a search warrant if the officer has a prior lawful justification to be at the location and the item is immediately apparent without additional search effort or physical manipulation.

Checkpoint Searches

Searches conducted at law enforcement checkpoints that are limited strictly to visual inspection only and prohibit extensive searches like opening containers or unwrapping items.

RA 6975

PNP is responsible for enforcing laws and ordinances, protecting citizens and property, maintaining public safety, investigating crimes, regulating firearms and explosives, and supervising security agencies. (Per what law?)

RA 6975 SECTIONS 60-65

BJMP provides basic needs, maintains jail facilities, and ensures security measures to control and safeguard Persons Deprived of Liberty (PDL). (Under what law?)

RA 10867

NBI is tasked with investigating high-profile criminal cases threatening public order or national security, utilizing specialized technical and forensic skills for offenses like human trafficking, cybercrimes, extrajudicial killings, and white-collar crimes. (under what law?)

RA 9165

PDEA enforces laws regarding illegal acts involving dangerous drugs and controlled precursor chemicals to reduce supply flow and regulate legitimate chemical use. (Under what law?)

E.O 192 SECTION 4

DENR is tasked with ensuring the sustainability and availability of natural forest, mineral, and land resources to meet growing population demands. (Under what law?)

RA 10575

BuCOR is responsible for the safekeeping and rehabilitation of Persons Deprived of Liberty (PDL) sentenced to more than 3 years or convicted of customs, immigration, or election law violations.

Powers of the State

The fundamental powers of government listed as Police Power, Power of Eminent Domain, and Power of Taxation.

PCJS Pillars

The components of the Philippine Criminal Justice System comprising Law Enforcement (PNP, NBI, PDEA, AMLC, AFP), Prosecution (DOJ, Office of Ombudsman, Public Attorney Office), Courts (Philippine Judiciary), and Corrections (BuCor, BJMP, Parole and Probation Administration).