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Sec 6 rule 112

Sec. 6. When warrant of arrest may issue. (a) By the Regional Trial Court. Within ten (10) days from the filing of the

complaint or information, the judge shall personally evaluate the resolution of the prosecutor and its supporting

evidence. He may immediately dismiss the case if the evidence on record clearly fails to establish probable cause. If he

finds probable cause, he shall issue a warrant of arrest, or a commitment order if the accused has already been arrested

pursuant to a warrant issued by the judge who conducted the preliminary investigation or when the complaint or

information was filed pursuant to section 7 of this Rule. In case of doubt on the existence of probable cause, the judge

may order the prosecutor to present additional evidence within five (5) days from notice and the issue must be resolved

by the court within thirty (30) days from the filing of the complaint of information.chan robles virtual law library

(b) By the Municipal Trial Court. When required pursuant to the second paragraph of section of this Rule, the

preliminary investigation of cases falling under the original jurisdiction of the Metropolitan Trial Court, Municipal Trial

Court in Cities, Municipal Trial Court, or Municipal Circuit Trial Court may be conducted by either the judge or the

prosecutor. When conducted by the prosecutor, the procedure for the issuance of a warrant of arrest by the judge shall

be governed by paragraph (a) of this section. When the investigation is conducted by the judge himself, he shall follow

the procedure provided in section 3 of this Rule. If his findings and recommendations are affirmed by the provincial orcity prosecutor, or by the Ombudsman or his deputy, and the corresponding information is filed, he shall issue a warran

of arrest. However, without waiting for the conclusion of the investigation, the judge may issue a warrant of arrest if he

finds after an examination in writing and under oath of the complainant and his witnesses in the form of searching

questions and answers, that a probable cause exists and that there is a necessity of placing the respondent under

immediate custody in order not to frustrate the ends of justice.

(c) When warrant of arrest not necessary. A warrant of arrest shall not issue if the accused is already under detentio

pursuant to a warrant issued by the municipal trial court in accordance with paragraph (b) of this section, or if the

complaint or information was filed pursuant to section 7 of this Rule or is for an offense penalized by fine only. The cou

shall them proceed in the exercise of its original jurisdiction.

Rule 126

Sec. 3. Personal property to be seized. A search warrant may be issued for the search and seizure of personal property

(a) Subject of the offense;

(b) Stolen or embezzled and other proceeds, or fruits of the offense; or

(c) Used or intended to be used as the means of committing an offense.

Sec. 13. Search incident to lawful arrest. A person lawfully arrested may be searched for dangerous weapons or

anything which may have been used or constitute proof in the commission of an offense without a search warrant.

Sec 113

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Sec. 5. Arrest without warrant; when lawful. A peace officer or a private person may, without a warrant, arrest a

person:

(a) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit

an offense;

(b) When an offense has just been committed and he has probable cause to believe based on personal knowledge of

facts or circumstances that the person to be arrested has committed it; and

(c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is

serving final judgment or is temporarily confined while his case is pending, or has escaped while being transferred from

one confinement to another.

In cases falling under paragraphs (a) and (b) above, the person arrested without a warrant shall be forthwith delivere

to the nearest police station or jail and shall be proceeded against in accordance with section 7 of Rule 112.

Art 125 RPC

Article 125. Delay in the delivery of detained persons to the proper judicial authorities. -The penalties provided in the next preceding article sha

be imposed upon the public officer or employee who shall detain any person for some legal ground and shall fail to deliver such person to the

proper judicial authorities within the period of: twelve (12) hours, for crimes or offenses punishable by light penalties, or their equivalent;eighteen (18) hours, for crimes or offenses punishable by correctional penalties, or their equivalent; and thirty-six (36) hours, for crimes oroffenses punishable by afflictive or capital penalties, or their equivalent.

In every case, the person detained shall be informed of the cause of his detention and shall be allowed upon his request, to communicate andconfer at any time with his attorney or counsel.(As amended by EO No. 272, prom. July 25, 1987.)

Rule 114

Sec. 26. Bail not a bar to objections on illegal arrest, lack of or irregular preliminary investigation. An application for o

admission to bail shall not bar the accused from challenging the validity of his arrest or the legality of the warrant issue

therefore, or from assailing the regularity or questioning the absence of a preliminary investigation of the charge agains

him, provided that he raises them before entering his plea. The court shall resolve the matter as early as practicable butnot later than the start of the trial of the case.

Republic Act 4200Republic Act 4200: An Act to Prohibit and Penalize Wire Tapping and Other Related Violations of the Privacy of Communication, and for OtherPurposes

Section 1. It shall be unlawful for any person, not being authorized by all the parties to any private communication or spoken word, to tap any wire or cable, or by

using any other device or arrangement, to secretly overhear, intercept, or record such communication or spoken word by using a device commonly known as adictaphone or dictagraph or dictaphone or walkie-talkie or tape recorder, or however otherwise described:

It shall also be unlawful for any person, be he a participant or not in the act or acts penalized in the next preceding sentence, to knowingly possess any tape record,wire record, disc record, or any other such record, or copies thereof, of any communication or spoken word secured either before or after the effective date of this Ain the manner prohibited by this law; or to replay the same for any other person or persons; or to communicate the contents thereof, either verbally or in writing, orfurnish transcriptions thereof, whether complete or partial, to any other person: Provided, That the use of such record or any copies thereof as evidence in any civil,

criminal investigation or trial of offenses mentioned in section 3 hereof, shall not be covered by this prohibition.

Section 2. Any person who willfully or knowingly does or who shall aid, permit, or cause to be done any of the acts declared to be unlawful in the preceding section o

who violates the provisions of the following section or of any order issued thereunder, or aids, permits, or causes such violation shall, upon conviction thereof, bepunished by imprisonment for not less than six months or more than six years and with the accessory penalty of perpetual absolute disqualification from public officethe offender be a public official at the t ime of the commission of the offense, and, if the offender is an alien he shall be subject to deportation proceedings.

Section 3. Nothing contained in this Act, however, shall render it unlawful or punishable for any peace officer, who is authorized by a written order of the Court, toexecute any of the acts declared to be unlawful in the two preceding sections in cases involving the crimes of treason, espionage, provoking war and disloyalty in caof war, piracy, mutiny in the high seas, rebellion, conspiracy and proposal to commit rebellion, inciting to rebellion, sedition, conspiracy to commit sedition, inciting tsedition, kidnapping as defined by the Revised Penal Code, and violations of Commonwealth Act No. 616, punishing espionage and other offenses against nationalsecurity: Provided, That such written order shall only be issued or granted upon written application and the examination under oath or affirmation of the applicant anthe witnesses he may produce and a showing: (1) that there are reasonable grounds to believe that any of the crimes enumerated hereinabove has been committed

or is being committed or is about to be committed: Provided, however, That in cases involving the offenses of rebellion, conspiracy and proposal to commit rebellioninciting to rebellion, sedition, conspiracy to commit sedition, and inciting to sedition, such authority shall be granted only upon prior proof that a rebellion or acts ofsedition, as the case may be, have actually been or are being committed; (2) that there are reasonable grounds to believe that evidence will be obtained essential to

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the conviction of any person for, or to the solution of, or to the prevention of, any of such crimes; and (3) that there are no other means readily available for obtainisuch evidence.

The order granted or issued shall specify: (1) the identity of the person or persons whose communications, conversations, discussions, or spoken words are to beoverheard, intercepted, or recorded and, in the case of telegraphic or telephonic communications, the telegraph line or the telephone number involved and its locatio(2) the identity of the peace officer authorized to overhear, intercept, or record the communications, conversations, discussions, or spoken words; (3) the offense oroffenses committed or sought to be prevented; and (4) the period of the authorization. The authorization shall be effective for the period specified in the order whichshall not exceed sixty (60) days from the date of issuance of the order, unless extended or renewed by the court upon being satisfied that such extension or renewain the public interest.

All recordings made under court authorization shall, within forty-eight hours after the expiration of the period fixed in the order, be deposited with the court in asealed envelope or sealed package, and shall be accompanied by an affidavit of the peace officer granted such authority stating the number of recordings made, thedates and times covered by each recording, the number of tapes, discs, or records included in the deposit, and certifying that no duplicates or copies of the whole o

any part thereof have been made, or if made, that all such duplicates or copies are included in the envelope or package deposited with the court. The envelope orpackage so deposited shall not be opened, or the recordings replayed, or used in evidence, or their contents revealed, except upon order of the court, which shall nobe granted except upon motion, with due notice and opportunity to be heard to the person or persons whose conversation or communications have been recorded.

The court referred to in this section shall be understood to mean the Court of First Instance within whose territorial jurisdiction the acts for which authority is appliedfor are to be executed.

Section 4. Any communication or spoken word, or the existence, contents, substance, purport, effect, or meaning of the same or any part thereof, or any informationtherein contained obtained or secured by any person in violation of the preceding sections of this Act shall not be admissible in evidence in any judicial, quasi-judicialegislative or administrative hearing or investigation.

Section 5. All laws inconsistent with the provisions of this Act are hereby repealed or accordingly amended.

Section 6. This Act shall take effect upon its approval.

Approved: June 19, 1965