Rule 122 appeal and search and seizure

Appeal

Is a proceeding for review by which the whole case is transferred to higher court for final determination. It must be filed within 25 days from promulgation of Judgement or from notice of the final order appealed from

Promulgation of Judgement

An appeal must be taken within fifteen (15) days from?

Uniform procedure

The procedure to be observed in the metropolitan trial courts, municipal Trial courts and municipal Circuit Trial courts shall be the same as in the Regional Trial Court except where a particular provision applies only to either of said courts and. In Criminal cases governed by the Revised rule on summary procedure

Appellant

In Criminal cases appealed to the court of appeals, the party appealing the case shall be called the ?

Appelle

The adverse party or The party who won the case at the lower court and is now defending that decision against the appeal.

Search warrant

Is an order in writing issued in the of the people of the Philippines, signed by the judge and directed to a peace officer commanding him to search for personal property described therein and bring it before the court

Ten (10) days

Validity of search Warrant

Scatter shot warrant

Is a search warrant issued for more than one specific offense this kind of warrant is void and not allowed

Exclusionary rule

A rule that commands that evidence obtained by unreasonable search and seizure is to be excluded as evidence and cannot accepted as such

Doctrine of the fruit of the poisonous tree

Which says that an unlawful search taints not only the evidence obtained thereat but also facts discovered by reason of said unlawful search

Silver Platter

A doctrine which allows evidence obtained by the police in an illegal search and seizure as admissible in court

Miranda doctrine

A rule announced by the us supreme court in Miranda vs Arizona and adopted by Philippines legal system which requires police officer to inform the person arrested of his right under the constitution

Plain view doctrine

States that object accidentally seen by police officer in the course of valid search may be seized and admissible in evidence against the accused

Knock and announce rule

A rule which says that before executing a search warrant or breaking open any door or ther appurtenances the authorities must give notice of their purpose and authority first unless those inside would have been alerted about their presence.

Subpoena

A process directed to a person requiring him to attend and to testify at a certain hearing or proceeding