WARRANT OF ARREST - Legal process issued by a E.
The arrestee shall not be subjected to torture, force,
competent authority, directing the arrest of a person violence, threat, intimidation, or any other means which
or persons upon grounds stated therein. vitiate free will.
CONCEPT OF ARREST F. The arresting officer shall ensure that the arrestee will
ARREST WITH WARRANT- taking of a sign the waiver of detention in the presence of the
person into custody in order that he may be counsel of your choice.
bound to answer for commission of the G. Immediately after the arrest, the arrestee should be
offense. subjected to a physical examination.
ARTICLE 125 OF THE RPC- for the delivery RIGHTS OF A PERSON UNDER CUSTODIAL
of detained persons to the proper judicial INVESTIGATION & RESPONSIBILITIES &
authorities. AUTHORITY OF ARRESTING OFFICER OR
✓ twelve (12) hours, for crimes or offenses INVESTIGATOR DURING CUSTODIAL
punishable by light penalties, or their equivalent. INVESTIGATION
✓ eighteen (18) hours, for crimes or offenses A. The right to be assisted by the counsel of his choice
punishable by correctional penalties, or their at all times and the arresting officer or investigator has
equivalent. the responsibility to ensure that this is provided.
B. Has the duty to inform the rights of the person under
✓ thirty-six (36) hours, for crimes or offenses
the custodial of investigation, in a language known to
punishable by afflictive or capital penalties, or their
him.
equivalent.
C. Should you opt to give a sworn statement, the
JOHN DOE WARRANT- warrant for the
arresting officer or investigator must reduce it in writing.
apprehension of a person whose true name is
D. The arresting officer or investigator must ensure that
unknown.
any extrajudicial confession made by the person under
WHEN THE POLICE MAY MAKE AN ARREST
custodial shall be in writing.
✓ INFLAGRANTE DELICTO.
E. Failure of the arresting officer or investigator to
✓ HOT PURSUIT ARREST- just committed an observe the above procedure renders such extrajudicial
offense, and the officer has personal knowledge of confession inadmissible as evidence in any
facts. proceedings.
✓ ESCAPED PRISONER- If a person has escaped F. During custodial investigation the arresting officer or
from prison or detention investigator has the duty to allow the person under
RIGHTS OF PERSON ARRESTED & THE custodial investigation to be visited.
RESPONSIBILITIES AND AUTHORITHY OF A INQUEST PROCEEDINGS
POLICE OFFICER DURING ARREST • If arrested through warrantless arrest, the arrestee
A. The arresting officer has the responsibility of shall undergo a process called inquest proceeding.
informing the arrestee of the reason for the arrest in a • Should you opt for preliminary investigation or refuse
language known to them. to execute the required waiver, the investigator
B. The arrestee may require the arresting officer to show proceeds with the inquest.
you the warrant of arrest. • The inquest proceeding commence when the inquest
C. The arresting officer should inform the arrestee of prosecutor receives from law enforcement authorities
their constitutional rights. the affidavit of arrest, statements of the complainants,
D. Not more than (12) hours for crimes or offenses affidavit of the witnesses.
punishable by light penalties. (18) hours for crimes or • During the inquest, the inquest prosecutor, to the
offenses punishable by correctional penalties. (36) hours extent possible, should have the documents submitted
for crimes or offenses punishable by capital penalties. to be subscribed and sworn before him by the arresting
officer, complainants, and affiants.
WAIVER OF RIGHTS- the inquest shall proceed unless Section 9: Licenses Issued to Individuals
the arrested person opts for a preliminary investigation Subject to the requirements set forth in this act and
by executing the required waiver of rights under payment of required fees to be determined by the Chief
Article129 of the RPC. Request for preliminary of the PNP.
investigation & waiver of Article125 of the RPC. Type 1 license - max. 2 registered firearms
RA 10591 Type 2 license - max. 5 registered firearms
COMPREHENSIVE FIREARMS AND AMMUNITION Type 3 license - max. 10 registered firearms
REGULATION ACT Type 4 license - max. 15 registered firearms
ARTICLE I: Section 3- definition of terms Type 5 license- more than 15 registered firearms
✓ Ammunition- complete unfixed unit consisting of a ✓Types 1-5 licenses, a vault or container secured by
bullet, gunpowder, cartridge case and primer or loaded lock and key or other security measures for the
shell. safekeeping of firearms shall be required.
✓ Firearm- any handheld or portable weapon, whether ✓Types 3-5 licenses, the citizen must comply with the
a small arm or light weapon. inspection and bond requirements.
ARTICLE II: OWNERSHIP & POSSESSION OF Section 11: Registration of Firearms
FIREARMS The licensed citizen shall register his/her firearms
Section 4: Standard and requisites for issuance of purchased with the Feo of the PNP in accordance with
and obtaining a License to Own and Possess the type of license.
Firearms. Section 12: License to Possess Ammunition
In order to qualify & acquire LTOPF, must be a Filipino Necessarily Included
citizen, at least (21) yrs old and has a gainful work or The licenses granted to qualified citizens shall include
business, filed income tax return for preceding year. the license to possess ammunition with a max. 50
Section 7: Carrying of firearms outside of residence rounds for each registered firearm. And allow more
or place of business a permit to carry firearms outside of ammunition to be possessed by licensed sports
residence shall be issued by the Chief of the PNP or shooters.
his/her duly authorized representative. ARTICLE V: PENAL PROVISIONS
Art. V, Section 31: Absence of permit to carry outside of Section 28: Unlawful Acquisition or Possession of
residence. The penalty of prison correctional and fine Firearms & Ammunition
10,000 Shall penalized as follows:
ARTICLE II A. The penalty of Prison Mayor in its medium period
Following professionals are considered to be in shall be imposed upon any person who shall unlawfully
imminent danger due to the nature of their profession, acquire or possess a small arm.
occupation, or business. B. The penalty of Reclusion Temporal to Reclusion
(a) Members of the Philippine bar Perpetua shall be imposed if 3 or more small arms or
(b) Certified public accountants Class A light weapons are unlawfully acquired or
(c) Accredited media practitioners possessed.
(d) Cashier, bank tellers C. The penalty of Prison Mayor in its maximum period
(e) Priests, ministers, rabbi, imams shall be imposed upon any person who shall unlawfully
(f) Physicians and nurses acquire or possess a Class A light weapon.
(g) Engineers D. The penalty of Reclusion Perpetua shall be imposed
(h) Businessmen upon any person who shall unlawfully acquire or
ARTICLE III: REGISTRATION AND LICENSING possess a Class B light weapon.
Section 8: Authority to Issue License E. The penalty of one (1) degree higher than that
The Chief of the PNP, through the FEO of the PNP, provided in paragraphs (a) to (c) in this section shall be
shall issue licenses to qualified individuals and to cause imposed upon any person who shall unlawfully possess
the registration of firearms. any firearm.
CLASS-A Light Weapons- refers to self-loading ✓ That the act performed would be an offense against
pistols, rifles, and carbines, submachine guns, assault persons or property.
rifles and light machine guns not exceeding caliber ✓ That act was done with evil intent.
7.62mm which have fully automatic mode. ✓ That its accomplishment inherently impossible or
CLASS-B Light Weapons- refers to weapons designed
means employed was inadequate of ineffectual.
for uses by 2 or more persons serving as a crew, or
(Gemma T. Jacinto vs. People of the Philippines, G.R.
rifles and machine guns exceeding caliber 7.62mm such
No. 162540, July 30, 2009)
as heavy machine guns, handheld under barrel and
✓ That the act performed should not constitute a
mounted grenade launchers, etc.
violation of another provision of RPC.
ARM SMUGGLING- refers to import, export, acquisition,
1. LEGAL IMPOSSIBILITY- occurs where the intended
sale, delivery, movement or transfer of firearms, their
acts, even if completed, would not amount to a crime.
parts
Ex: killing a person who is already dead
Section 33: Arm Smuggling
2. FACTUAL IMPOSSIBILITY- occurs when extraneous
The penalty of Reclusion Perpetua shall be imposed
circumstances unknown to the actor or beyond his
upon any person who shall engaged or participate in
control prevent the consummation of the intended
arm smuggling as defined in this act.
crime.
CRIMES AGAINST PROPERTY
Ex: a man puts his hand in the coat pocket of another
directed to a person’s belonging, intellectual properties,
with the intention to steal the wallet, pocket empty.
and money.
THEFT- intent to gain but w/o violence
ROBBERY in general (RPC)
FOUR MODES OF THEFT
with intent to gain, shall take any personal property
1. ASPORTATION- carrying away someone else
belonging to another, by means of violence or
property (ELEMENT OF LARCENY)
intimidation, or using force upon things.
2. LOST PROPERTY- perpetrator finds lost item &
ELEMENTS OF ROBBERY
failed/ not intends to deliver
✓ Personal property belongs to another.
3. DAMAGE TO PROPERTY- the offender maliciously
✓ The unlawful taking of property. damages the property.
✓ With intent to gain (ANIMUS LUCRNDI) 4. HUNTING/GATHERING- violators enter an enclosed
✓ Violence against or intimidation of any force estate or field w/o consent owner.
ROBBERY BY THE USE FORCE UPON THINGS QUALIFIED THEFT- committed by a domestic servant,
1. an opening not intended for entrance or egress. or with grave abuse of confidence, or if the property
2. breaking any door or window. stolen is motor vehicle, or if the property is taken during
3. using false key, picklocks, or similar tools. the occasion of calamity.
4. using fictitious name/pretending MALICIOUS MISCHIEF- any person who shall
PICKLOCKS deliberately cause damage not falling within the term of
FALSE KEYS- the term “false keys” next preceding chapter shall be guilty of malicious
- Genuine keys stolen from the owner. mischief. Attempts on another’s property are inspired by
- Any keys other than those intended by the owner for hatred, desire for revenge & by the mere pleasure of
use the lock forcibly opened by the offender. destroying.
BRIGANDAGE- When more than 3 armed persons SWINDILING
form a bond of robbers for the purpose of committing 1. UNFAITHFULNESS OR ABUSE OF CONFIDENCE
robbery 2. BY MEANS OF PRETENSES OR FRAUDELENT
IMPOSSIBLE CRIME- acts performed would have been ACTS
a crime against person or property but not 3. TRHOUGH FRAUDELENT MEANS
accomplished because of inherent impossibility or SYNDICATED ESTAFA- consisting of 5 or more people
employment inadequate or ineffectual means. with the intention of carrying out the unlawful or illegal
REQUISITES: act.