cri176 m1-2

• Confession


  The declaration of an accused acknowledging his guilt of the offense charged, or of any offense necessarily included therein
• Types of Confession


  • Extra Judicial Confession
  • Judicial Confession
• Extra Judicial Confession


  Those made by the suspect during Custodial Investigation
• 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. It refers to the investigation conducted by law enforcement immediately after arrest for the commission of an offense
• Judicial Confession


  Those made by the accused in open court. the plea of guilt may be during arraignment or in any stage of the proceedings where the accused changes his plea of not guilty to guilty
• Admission


  A self-incriminatory statement by the subject falling short of an acknowledgement of guilt. It is an acknowledgement of a fact or circumstances from which guilty may be inferred. It implicates but does not incriminate. It is also acknowledgement that a fact, action or circumstance are true which strongly infer or directly admit guilt but lacks the details of the elements of the crime
• Rules to be observed in taking Confession or Admission

  • Confession or Admission must be taken in writing and under oath
  • It must be in written in the language known and understood by the accused, if not it must be clearly translated
  • It must be freely and voluntarily given by the accused
  • Under the New Constitution, it must be taken in the presence of competent and independent counsel chosen by the accused
• Confession


  Refers to admitting guilt for a crime or wrongdoing
• Admission


  Refers to revealing information or acknowledging guilt
• Confessions are typically made to authorities or in a legal setting


  Admissions can take place anywhere
• Confessions typically involve a sense of responsibility or remorse for the actions in question


  Making them stronger forms of admission
• Confessions are usually voluntary


  Admissions may be voluntary or involuntary
• Confessions are usually made in writing or recorded


  Admissions may be verbal or nonverbal
• A confession is usually made by the person who committed the crime


  An admission may be made by anyone with knowledge of the situation
• The term confession is used specifically in legal matters


  Admission is used anywhere
• Confessions are self-incriminating statements


  Admissions can either incriminate or exonerate
• Judicial Admission


  An admission, verbal or written, made by a party in the course of the proceedings in the same case, does not require proof. The admission may be contradicted only by showing that it was made through a palpable mistake or that no such admission was made
• Requisites for Judicial Admission

  • Made by a party
  • In the course of the proceedings
  • In the same case
• Extra-Judicial Confession


  A declaration made voluntarily and without compulsion or inducement by a person under custodial Investigation, stating or acknowledging that he had committed or participated in the commission of the crime
• Requisites for Extra-Judicial Confession

  • It must be voluntary
  • It must be made with the assistance of competent and independent counsel
  • It must be express
  • It must be in writing
• Judicial admissions are conclusive upon the party making them


  Extrajudicial admissions or other admissions are, as a rule, and where the elements of estoppel are not present, disputable
• Arrest


  The taking of a person into custody in order that he or she may be bound to answer for the commission of an offense
• How Arrest is Made

  1. Actual restraint of a person to be arrested

  2. Submission to the hostility of the person making the arrest
• Modes of Arrest

  • Arrest by virtue of a warrant
  • Arrest without a warrant under exceptional circumstances
• Validity of Warrant of Arrest

  • Recalled by issuing court
  • Respondent already arrested
  • Respondent voluntarily submitted
  • Respondent died
• Search


  The act of examining persons, documents, papers, and effects
• Search Warrant


  An order in writing, issued in the name of the People of the Philippine Islands, signed by a judge or a justice of the peace, and directed to a peace officer, commanding him to search for personal property and bring it before the court
• Requisites of a Valid Search Warrant

  • There must be probable cause
  • Probable cause must be determined personally by a judge
  • Issued after examination, under oath or affirmation, of the complainant and the witnesses
  • Warrant must particularly describe the place to be searched and the persons or things to be seized
• Arrest Warrant


  An order in writing issued in the name of the People of the Philippines signed by a judge directed to a peace officer, commanding him/her to arrest the person designated and take him into custody of the law in order that he or she may be bound to answer for the commission of an offense
• John Doe Warrant


  A warrant containing no specific person to be arrested but only descriptions based on the testimonies of the victim's or the witnesses
• Alias Warrant


  The warrant of arrest issued by a judge to the peace officer after returning the original warrant of arrest after the lapse of the 10-day validity period
• Warrant Officer


  Any authorized member from the law enforcement agency usually from the Philippine National Police (PNP) or National Bureau of Investigation (NBI) who holds a warrant for execution within 10 days from receipt subject to renewal in case of failure to execute the same
• Who may issue a Warrant of Arrest


  The general rule is the judge of any competent court in the Philippines
• Duties of an Arresting Officer

  • Inform the cause of arrest and the fact that a warrant had been issued to the arrested person
  • Take the person arrested without unnecessary delay and deliver him/her to the nearest police station or jail
• Executive Order No. 272 Amended Article 125 of the RPC (delay in the delivery of detained persons to proper judicial authorities). It extended the period authorized to detain a person prior to delivery to the judicial authority
• Periods of Delivering a Person to Proper Judicial Authority (Art. 125, Revised Penal Code)


  • 12 hours light penalties and their equivalent
  • 18 hours correctional penalties and their equivalent
  • 36 hours afflictive/capital penalties and their equivalent
• Time of Search


  The warrant should be served during daytime, unless there is a provision in the warrant allowing service at any time of the day or night
• Properties which may be seized under a search warrant

  • Subject of the offense
  • Stolen or embezzled property and other fruits or proceeds of the offense
  • Property used or intended to be used as a means for the commission of an offense
• Instances when a search may be made without a warrant


  • When there is a valid waiver of the right
  • Where the search is incidental to a valid arrest
  • Where the prohibited articles are in plain view
  • In Stop and frisk situations or pursuant to a Terry Search
  • Search of moving vehicles
  • Enforcement of immigration and customs law
  • Search under exigent and emergency measures
• Raid


  A surprise invasion of a building having its basis in lawful process and conducted in a legal manner through search warrant or warrant of arrest