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38問 • 4ヶ月前

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Is the taking of a person into custody in order that he may be bound to answer for the commission of an offense.

arrest

It is made by an actual restraint of a person to be arrested, or by his/her submission to the custody of the person making an arrest. No violence or unnecessary force shall be used in making an arrest.

arrest

The person arrested shall not be subject to ________ than is necessary for his/her detention. It shall be the duty of the officer executing the warrant to arrest the accused and deliver him/her to the nearest police station or jail without unnecessary delay

a greater restraint

The head of the office to whom the warrant of arrest was delivered for execution shall cause the warrant to be executed ____ from its receipt. Within _____ after the expiration of the period, the officer to whom it was assigned for execution shall make a report to the judge who issued the warrant. In case of his/her failure to execute the warrant, he/she shall state the reasons thereof.

10 days

-They may execute an arrest in both warrantless arrest and arrest with warrant?

police officer

They may execute an arrest (only warrantless arrest or citizen's arrest)

private person

They may execute an arrest (under RA 15/, as amended)

members of investigation staff of NBI

May arrest the accused for the purpose of surrendering him in court?

bailor

May arrest a witness who failed to attend and obey subpoena despite proof of service thereof;

sheriff or deputy sheriff

May arrest probationer under his care; Sec. 24, PD 986, as amended?

provincial or city probation officer

Are authorized to make arrest for violation of Land Transportation and Traffic Code in so far as motor vehicles are concerned; RA 4136; as amended?

commissioner of land transportation and his deputies

Only ____ may issue warrant of arrest. This exception is in case of deportation of illegal and undesirable alien, whom the President or the Commissioner of Immigration may order arrested following a final order of deportation for the purpose of deportation. A judge may not issue a warrant of arrest without recommendation for bail where offense is bailable.

judges

The persons who cannot issue warrant of arrest are:

clerk of court,fiscal,mayor

-The persons exempted from arrest are: in all offenses punishable by not more than 6 years imprisonment shall be privileged from arrest whil Congress is in session. (Sec. 11, Art. VI, 1987 Phil. Constitution), however, Heads of State, Foreign Sovereigns, Ambassadors, Public Ministers are exempted from arrest, but Consuls do not enjoy the same privilege.

senator or congressman

Rule 126, Section 1 of Criminal Procedure defines _____ as an order in writing issued in the name of the People of the Philippines signed by a judge and directed to a peace officer, commanding him to search for personal property described therein and bring it before the court.

search warrant

A ____ is in the nature of a criminal process akin to writ of discovery. It is a special and peculiar remedy, and drastic in nature. It is merely a judicial process designed by the Rules to respond only to an incident in the main case, if only one has already been instituted or in anticipation thereof (Malavan vs. Court of Appeals, 232 SCRA 249).

search warrant

The Supreme Court issued regarding the guidelines and procedures in the issuance of search warrants. This is a measure to better serve the public good and facilitate the administration of justice.

circular no 13

Refers to such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed and that the objects sought in connection with the offense are in the place sought to be searched?

probable cause

-This is an order from the court that requires an individual to be somewhere in person at a certain place, date and time to testify as a witness in a case.

subpoena

Specifically, a — < is a conditional threat of punishment made by a governmental authority if it is attached to a command, so that if the recipient does not do as appear, some courts have the discretion to find the person in contempt of court and either order the persons arrest or issue fines accordingly.

subpoena

-It orders a person to testify before the ordering authority or face punishment?

subpoena ad testificandum

-It orders á person to bring physical evidence before the ordering authority or face punishment?

subpoena duces tecum

2 Types of Subpoena?

subpoena ad testificandum,subpoena duces tecum

Is a witness's sworn out-of-court testimony. It is used to gather information as part of the discovery process and, in limited circumstances, may be used at trial.

desposition

The witness being deposed is called the

deponent

-An individual whose deposition, or sworn out-of-court testimony, is taken during the discovery process.

deponent

-(for what's it worth) - one filed after a case has already been filed in court, i.e. to preserve testimony in danger of being lost before the witness can be examined in court?

deposisions de bene esse

English meaning of Depositions perpetuam rei memoriam?

perpetual remembrance of an event

One taken in anticipation of a case not yet filed in court?

depositions perpetuam rei memoriam

-It is one of the modes of discovery available to the parties to a case as a means of informing themselves of all the relevant facts.

deposition

They are not meant to be a substitute for the actual testimony in open court, on the ground that it is hearsay since the party against whom it is offered has no opportunity to cross examine the deponent at the time his testimony is offered at the trial or hearing?

deposition

Affidavits are _____while depositions are ____

written,spoken,recorded

-A written statement that describes the facts concerning the loss of an object, usually a document such as an identification card, a driver's license, passport, or documents relating to the registration of vehicles, etc.

affidavit of loss

-It is an affídavit served in court proceedings in which deponent responds to another party's evidence where that party's evidence was itself in response to evidence served by the party serving the reply affidavit.

reply affidavit

-It is an affidavit responding to and contradicting the affidavit produced by an adversary. It is an affidavit made in opposition to one already made?

counter affidavit

-It is the answer made by a defendant in the second stage of that rebuts or denies the assertions made in the plaintiff's replication. The rejoinder allows a defendant to present a more responsive and specific statement challenging the allegations made against him or her by the plaintiff.

rejoinder affidavit

-It is a legal filing where a party to a lawsuit requests the court to review a prior decision and consider issuing a new or different decision in light of that review. It is a motion that you file when you want the judge to take a second look at a decision that you feel was incorrect?

motion for consideration

who initiates an appeal, on -the court and the parties involved informing them of the appellant's intention to request review of a lower court's order. It is the initial step in the appeals process. It informs the court and the party in whose favor a judgment or order has been made that the unsuccessful party seeks a review of the case. Failure to file a notice of appeal according to the statutory requirements will preclude appeal?

notice of appeal

Definition of Terms 3

ユーザ名非公開 · 90問 · 13日前

Definition of Terms 3