Criminal Procedure and Rules of Evidence
Procedure and proof
Criminal procedure governs how a case moves from complaint or information to judgment: jurisdiction, probable cause, arrest, search, bail, arraignment, pre-trial, trial, and appeal. The 2000 Rules of Criminal Procedure, as amended, and the Revised Rules on Evidence are essential. Distinguish probable cause for arrest or search from proof beyond reasonable doubt at trial. A warrantless arrest is valid only in flagrante delicto, in hot pursuit, or when the person escaped from lawful custody. A search incident to a lawful arrest is limited in scope and timing. The exclusionary rule bars evidence obtained through an unlawful search or seizure, subject to exceptions.
Evidence traps
Relevance, materiality, competency, and authentication are separate questions. Hearsay is an out-of-court statement offered to prove the truth of the matter asserted; it is not automatically inadmissible if an exception applies or if it is offered for another purpose. The best evidence rule applies to the content of a writing, recording, or photograph, not to every object. Dying declarations, admissions, confessions, and res gestae have strict requirements. Chain of custody is critical for seized drugs and forensic samples. Burden of proof is on the prosecution; the accused enjoys presumption of innocence. Do not confuse reasonable doubt with doubt.
Worked example
A witness says, I heard the accused shout, I killed him. If offered to prove the killing, it is hearsay, but it may be an admission or part of res gestae if the requirements are met. Rule of thumb: ask what the statement is offered to prove, then ask whether an exception or independent relevance applies.