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A Simple Guide 1

A Simple Guide
for
Criminologist Licensure Examination

These humble works consist of three (3) volumes


divided according to their classification as set by R.A. 6506
otherwise known as An Act creating the Board of
Examiners for Criminologist in the Philippines and for
other purposes, with some modifications as set by the
Board of Criminologist of the Professional Regulation
Commission. Volume I, consist of Criminal Law and
Jurisprudence and Law Enforcement Administration
subjects. Volume 2, covers Criminalistics and Crime
Detection and Investigation Subjects. Volume 3,
encompasses subjects of Criminal Sociology and
Correctional Administration.
May these simple guides be of help to those who
wanted to become a Registered Criminologist, Professors,
Lecturer, teachers and other practitioners and those who
persevere in achieving something in life that would open
more doors of opportunities in the field of Criminal Justice
in the country and even to other countries in the world.
These are humble contribution to the Criminology
Education.

-The Authors
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Criminologist Licensure Examination Coverage

Volume I

A. Criminal Law and Jurisprudence 20%


a. Criminal Law book 1 & 2
b. Criminal Procedure
c. Evidence
d. Court Testimony

B. Law Enforcement Administration 20%


a. Police Organization and Administration
b. Police Planning
c. Industrial Security Management
d. Police Patrol and Operation
e. Police Intelligence
f. Police Record Management
g. Comparative Police System

Volume 2

A. Criminalistics 20%
a. Personal Identification
b. Police Photography
c. Forensic Ballistics
d. Questioned Document
e. Polygraphy
f. Forensic Medicine
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B. Crime Detection and Investigation 15%


a. Fundamentals of Criminal Investigation
b. Traffic Accident Investigation
c. Special Crime Investigation
d. Organized Crime
e. Drug Education and Vice Control
f. Fire Technology and Arson Investigation

Volume 3

A. Sociology of Crime & Ethics 15%


a. Introduction to Criminology and Psychology
of Crimes.
b. Criminal Justice System
c. Ethics and Values
d. Juvenile Delinquency
e. Human Behavior and Crisis Management
f. Criminological Research

B. Correctional Administration 10%


a. Institutional Correction
b. Non-Institutional Correction
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I. HOW TO MAKE IT IN THE BOARD:


Here are some of the guiding principles in
achieving something in life. Always remember that
everything would start from oneself. Set your goal, make
the necessary preparation, learn to sacrifice and do more
that what you think you can.

“Know yourself and your enemy, if you know yourself and


not the enemy for every battle you will be a foul who will
meet defeats, but if you know yourself and the enemy,
you need not fear the result of a hundred battles “
--- Sun Tsu, “Art of War”

“Sixty years ago, I knew everything; now I know nothing;


education is a progressive discovery of our own
ignorance.”
---- Will Durant

I. WHAT DOES IT TAKE TO MAKE IT IN THE BOARD?


ASK YOURSELF -----WHAT IS MY GOAL? HOW MUCH IT
MEANS TO ME? AND UP TO WHAT CAN I SACRIFICE TO
ACHIEVE IT?
 TOP
 PASSED
 FAILED

SUCCESS means differently to different persons.


There are small successes and big ones. There are
temporary and permanent. The authors would like to
share some guides in achieving success in life.

SUCCESS requires preparation, perspiration and


perseverance.

S--et your goal (think big and positive) & Set your Priority
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“Dream as if you’ll live forever, live as if you’ll die


tomorrow”
--- James Dean

a. If you really want to be on top you should


put your review as your first priority.
b. Avoid doing unnecessary things that might
destruct your focus.
c. Learn to set limitations with the things
that you do with your friends/special
someone or classmates.
d. Let your parents/love ones know of your
priorities.
U--nderstand yourself & Undertakes more than what you
think you can

C--heck your strengths and weaknesses


Before you review, get to know yourself!
Ask yourself the following questions:
1. How much do I want this?
2. What is my capacity for sacrifice and hard word?
3. How is my mental capacity for “processing”
millions of words in four to six months?
-Aquilino “Koko” Pimentel III
First Placer, 1990 Bar Exam

C--hallenge yourself to do better


“Unless a man undertakes more than he possibly
can do, he will never do all he can do. “
--Henry Drummond
“People become extraordinary, when they do
extra-ordinary work
---Anonymous
E--njoy what you are doing
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“To Love what you do and feel that it matters -----


how could anything be more fun.”
--- God’s Little Devotional Book for leaders
When you love your work, you will work and work
until work is no longer a work for you but
something that you enjoy.
S—trategies, strive hard and never give up
 Be resourceful
 Organize yourself (notes, schedule and others)
 Mastery or wide vocabulary helps a lot.
 Used of Keywords, Acronym and Association
Technique might be of good help.

S—tudy, study, study.


 Read with understanding (A dictionary for
increasing vocabulary and used of grammar will be
of great help)

II. Pointers in taking the board:


1. Sleep early the day before the scheduled
examination.
2. Wake up early and take not to heavy breakfast.
(Don’t skip your breakfast).
3. Make ample allowance for your travel time and
never get late.
4. Make sure to listen, read and follow instructions.
5. Check your questionnaire and your answer sheet
and make sure you have the right SET of
Examination and that it is complete.
6. Shade carefully and correctly.
7. Read the each questions carefully.
8. Go slowly
9. Put your prospective answer to the questionnaire.
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10. Answer first the easy one and mark those items
which you are not sure of your answer so you can
double check them later.
11. Set a time for transferring your answer to the
answer sheet.
12. Consume your time and counter check your answer
sheet before submitting it to the proctor; and
13. Apply the “ACE” Technique.
 A = Analysis
Read carefully and understand correctly
what is being asked. We answer base on how we
interpret the question, thus wrong interpretation
leads to wrong answer.
 C= Complete Comparison
Completely compare the questions (stem)
with those of the choices. Never choose an answer
without considering all the choices.
 E = Evaluation/Elimination/Exclusion
Evaluate and eliminate each choice which
does not conform to the question. It is easier to
choose from a fewer choices, thus eliminating the
lease possible answer will give you a better chance
of identifying the best answer.

III. Parts of the Multiple Choice Questions:


1. Stem = the main body of the question, the
statement, the facts, the inquiry.
2. The Choices:
2.1. The Detractors = the choices which
destruct or makes it difficult for the examinee to
see the key.
2.2. The Key = the correct answer to the
question.
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I. Read and analyze every question completely.


Sample:
The word Forensic Means ______?
a. Forum
b. Market Place
c. Public Discussion
d. Legal
e. All of these
**All the choices are related to the question but
what is being asked is not the origin but the meaning of
the word forensic, thus the correct answer would be ---
letter d. legal.

II. Determine whether the question is seeking for a


generic or specific term.
Sample:
A metallic or nor metallic ball propel from a
firearm?
a. Bullet b. Slugs c. Missile
d. Projectile e. Shot
** All the choices seems to be correct but since the
question is seeking for a generic term, the best answer
would be ----- letter d. Projectile.

An act or omission punishable by special penal


laws?
a. Crime b. Felonies c. Infraction of laws
d. Offense e. Delinquency

** This question is seeking for a specific term, since what


is violated here is a special law, the specific term would be
----- letter d. Offense.
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III. Be ware of words such as “ALL, SOME, NONE, NOT,


EXCEPT, UNLESS, NO, OTHERWISE.
Sample:
Film can be classified according to their sensitivity
to the colors of the visible light. The following
films are capable of recording the blue color of the
visible light, EXCEPT
a. Blue Sensitive Film
b. Orthochromatic film
c. Panchromatic film
d. Ultra-violet film

** a, b and c are all capable of recording the blue color of


the visible light spectrum. Since what is asked is the
exception, the correct answer would be ---- letter d. Ultra-
violet film since it can only record up to violet color of the
visible light.

IV. Do not look immediately for what you think is the


correct answer. Make an illustration to better understand
situation questions.
Sample Case:
X & Y (husband & Wife), X has a mistress (M), to
whom he has a son (C), a 3 days old infant.
Illustration: X ---Y
M
C (a 3 days old infant)
1. What crime is committed if X would kill C?
a. Homicide
b. Murder
c. Parricide
d. Infanticide
e. Abortion
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2. What is it would be Y, who killed C?


3. What is it is the Father of X who could C?
4. What if C is only 2 days old?
** The answer are:
1. Parricide, since X is the father of C regardless of
the child status, killing between father, mother and child
whether legitimate or illegitimate is covered by Art 246.
Parricide;
2. Murder, since there was no relationship
between Y and C, plus the fact that C is an infant which
shows that there is aggravating circumstances of taking
advantage of superior strength;
3. Murder, although the Father of X is the
grandfather of C, the killing of C by the grandfather would
not be parricide since C is an illegitimate son of X. Other
direct ascendants and descendants should be legitimate in
order to be included in Parricide.
4. Infanticide, since what is important in infanticide
is that the baby should be less than 3 days old. This is
without regard as to who killed the infant.

V. Don’t forget basic principles and do not over interpret


the question.
Sample: Which of the following object should be taken
individual photograph?
a. Latent prints
b. Identifying details
c. Weapon used
d. Wound sustained
** All the choices require individual shot, but what is
catching in the question is – which is an object? The
answer will be –letter c. weapon used.
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VI. Increase your vocabulary and improve your grammar.


Sample: Criminal ________ refers to the study of the
relationship between criminality and the milieu :
a) Ecology
b) Demography
c) Epidemiology
d) Physical anthropology
** All the choices are related to the study of criminality.
The issue here would be, what does the word milieu
means? – the answer would be letter C. Epidemiology
since it deals with the relationship between criminality and
environment and the word milieu is synonymous to
surrounding or environment.

VII. In case of uncertainty, eliminate and make an


educated guess.
Sample:
Known as the Access Devices Act of 1998, concerning
the illegal use of one’s credit cards etc.
a. RA 8484
b. RA 9372
c. RA 9208
d. RA 9160

** In the event that the answer is not known to the


examinee, make an intelligent guess. The law that was
being asked was passed 1998. Obviously b, c, and d are all
9000 law which means they where pass year 2000. Looking
at them examinee might knew the other laws. The correct
answer would be --- letter A. R.A. 8484.
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VIII. Be updated and get abreast with current events that


are related to your course.
Samples:
This is the penal provision which established a
comprehensive fire code of the Philippines commonly
known as "Revised Fire Code of the Philippines of 2008".
a. PD 1185
b. RA 9514
c. PD 1518
d. RA 9415
** P.D. 1185 is the Fire Code of the Philippines, but what is
asked is the revised law passed on 2008. Again following
the years of approval, the correct answer would be – letter
B. R.. 9514.
It is a center created by Executive Order No. 62 to
establish a shared database among concerned agencies
for information on criminals, methodologies, arrests and
convictions on transnational crime.
a. Philippine Center on Transnational Crimes (PCTC)
b. National Commission on Anti Hijacking (NACAH)
c. International Criminal Police Organization (ICPO)
d. Philippine National Police (PNP)
** The answer here seems to be obvious --- A. Phil. Center
on transnational Crimes.
IX. Maximize your time and don’t be in a hurry.
X. If you are not sure, leave difficult questions and
proceed first with the easier one.
XI. Avoid Erasure.
The checking machine is equipped with a sensor
which is sensitive enough to trace erasures and other
marks that might be considered an answer. Once multiple
answers are detected by the checking machine, which
item will automatically be marked wrong.
XII. Countercheck your answer before submitting the
same to the proctor.
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Volume One

Part I. Criminal Law and Jurisprudence


Part 2. Law Enforcement Administration

PART 1. Criminal Law and Jurisprudence

A. Criminal Law book 1


a. Definition Criminal Law
Criminal Law is the branch of public law which
defines crimes, treats of their nature and provides for
their punishment.

CRIMES MALA IN SE vs. CRIMES MALA PROHIBITA:


MALA IN SE MALA PROHIBITA
1. Those so serious in their 1. Violations of mere rules of
effect on society as to call convenience designed to secure
for unanimous a more orderly regulation of
condemnation of its society’s affairs
members.
2. wrongful from its very 2. made wrongful only by
nature statute
3. generally punished by 3. punished by special law. It is
the RPC. Even though a wrong because there is a law
crime is punishable by prohibiting such act. Hence,
special law, if such is mere commission of the act is
wrongful in its very nature what constitutes the offense for
and being inherently reason of public policy. E.g.
immoral such is mere carrying of a F/A within
considered mala in se such the polling place is punishable
as omission or failure to under the Revised Election Code
include a voter’s name in irrespective of the intention to
the registry list of voters violate the law (People vs.
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under the Revised Election Bayona, 61 Phil 181). It is


Code.(People vs. Sunico, essential that the act be
C.A., 50, O.G. 5880). committed consciously, freely
and voluntarily.
4. intent is necessary and 4. intent not necessary and
good faith is a defense. good faith is not a defense.

b. Sources
i. Act 3815 = otherwise known as the Revised Penal
Code. The Primary source of Criminal law in the
Philippines.
ii. Special Penal Laws such as Batas Pambansa (B.P.),
Act. No., Republic Acts (R.A.) and Executive Fiats such
as Presidential Decree (P.D.) and Executive Orders
(E.O.)
iii. Ordinances issued by Provincial, City and Municipal
Government.
c. Characteristics of Criminal Law “PGT”
i. Prospective- criminal law cannot make an act
punishable in a manner in which it was not
punishable when committed.
Exception: (1) When the new law provides, (2)
When it is favorable to the accused who is not
habitual delinquent.
ii. General- criminal law is binding on all persons who
live or sojourn in the Philippines.
Exceptions: (1) Treaty Stipulation, (2) Public
International Law, and (3) Law of Preferential
Application.
iii. Territorial- criminal laws are applicable only if the
crime is committed within Philippine territory.
Exception: Art 2, RPC also called the “Extra-territorial
Application of the Criminal law”.
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Legal Maxims
“Nullum crimen nulla poena sine lege” – meaning
there is no crime when there is no law punishing such act.
d. THEORIES IN CRIMINAL LAW:
1. Classical (Juristic) Theory- the basis of criminal liability
is human free will and the purpose of penalty is
retribution. Man is a moral creature with an absolute
free will to choose between good and evil.
2. Positivist (Realistic) Theory. Man is subdued
occasionally by a strange and morbid phenomenon
which constrain him to do wrong. Crime is a social and
natural phenomenon; it cannot be treated therefore
by the application of abstract principles of law or by
the imposition of punishment.
3. Eclectic or Mixed Theory
= combination of positivist and classical thinking
wherein crimes that are economic and social in nature
should be dealt in a positive manner, thus, the law is
more compassionate.
4. Utilitarian Theory
= They espouse the idea that the primary function
of punishment in criminal law is to protect the society
from potential and actual wrongdoers. The retributive
aspect of penal laws should be directed against them
(Magno vs. C.A. June 26, 1992)
Utilitarianism makes certain qualification
between hardened and possible criminal. This is the basis
of the A.C. issued by the SC on the case of BP 22 and Libel
which Preferrably provides for fine. In case of libel
imprisonment should be imposed when the person is
probable criminals.
Limitations on Congress to Enact Penal Laws
1. No Ex Post Facto Law shall be enacted.- Ex Post
Facto Law is a law that makes criminal an act done
before the passage of the law and which was
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innocent when done, and punishes such an act; it


may also be defined as a law which aggravates a
crime, or makes it greater than it was, when
committed.
2. No Bill of Attainder shall be passed. – A bill of
attainder is a law which inflicts punishment
without trial.
3. No law that violates equal protection clause of the
constitution shall be enacted. “No person shall be
deprived of life, liberty and property without due
process of law, nor shall any person be denied of
the equal protection of the law” (Sec 1, Art III, 1987
Phil., Const.)
4. No law which imposes cruel and unusual
punishments nor excessive fines shall be enacted.

CONSTRUCTION OF PENAL LAWS:


1. Penal laws are strictly construed against the state
and liberally in favor of the accused
2. If there is a conflict between the Spanish text and
the English text, the Spanish text prevails.

Outline of Book 1
Title One: FELONIES AND CIRCUMSTANCES WHICH AFFECT
CRIMINAL LIABILITY (Arts. 3 to 15)
Title Two: PERSONS CRIMINALLY LIABLE FOR FELONIES
(Arts. 16 to 20)
Title Three: P E N A L T I E S (Arts. 21 to 88)
Title Four: EXTINCTION OF CRIMINAL LIABILITY (Arts.89-
99)
Title Five: CIVIL LIABILITY (Arts. 100- 113)

The Revised Penal Code (Act 3815)


 The Old Penal Code which took effect until
December 31, 1931.
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 Administrative Order 94 of the DOJ dated October


18, 1927
 Anacleto Diaz, Quintin Paredes, Guilermo
Guevarra, Alex Reyes and Mariano De Joya
 RPC approved December 8, 1930
 RPC took effect January 1, 1932 (Art 1, RPC)
Extra-territorial Application of the RPC:
Art. 2. Application of its provisions. — Except as provided
in the treaties and laws of preferential application, the
provisions of this Code shall be enforced not only within
the Philippine Archipelago, including its atmosphere, its
interior waters and maritime zone, but also outside of its
jurisdiction, against those who:
1. Should commit an offense while on a
Philippine ship or airship
RULES ON VESSELS:
A. Philippine vessel or aircraft
Must be understood as that which is registered in
the Philippine Bureau of Customs.
B. Foreign Merchant Vessels
FRENCH RULE (Flag or Nationality Rule)
Gen. Rule: Crimes committed aboard a
vessel within the territorial waters of a
country are not triable in the courts of said
country. (It is triable to the court of the
country where the vessel is registered.)
Exception: When their commission affects the
peace and security of the territory or when the safety of
the state is endangered.
ENGLISH RULE (Territoriality Principle or
Situs of the Crime):
Gen. Rule: Crimes committed aboard a
vessel within the territorial waters of a
country are triable in the courts of such
country.
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Exception: When the crimes merely affect things


within the vessel or when they only refer to the internal
management thereof.
2. Should forge or counterfeit any coin or
currency note of the Philippine Islands or
obligations and securities issued by the
Government of the Philippine Islands;
RULES ON FORGERY:
A. Forgery committed by giving to a
treasury or bank note or any instrument
payable to bearer or to order the appearance
of a true genuine document or by erasing,
substituting, counterfeiting, or altering, by any
means the figures, letters, words or signs
contained therein.
B. If forgery was committed abroad, it must
refer only to Philippine coin, currency note, or
obligations and securities.
3. Should be liable for acts connected with the
introduction into these islands of the obligations
and securities mentioned in the presiding number;
4. While being public officers or employees,
should commit an offense in the exercise of their
functions; or
(Direct Bribery (Art 210), Indirect Bribery
(Art 211), Qualified Bribery (Art 211-A),
Corruption (Art 212), Fraud Against Public
Treasury and Similar Offenses (Art 213),
Possession of Prohibited interest (Art 216),
Malversation of Public Funds or Property (Art
217), Failure to Render Accounts (Art 218),
Failure to Render Account before leaving the
country (Art 219), Illegal Use of Public funds or
property (Art 220), Failure to make delivery of
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Public funds/property (Art 221), and


Falsification (Art 171).
5. Should commit any of the crimes against
national security and the law of nations, defined
in Title One of Book Two of this Code.
(Art 114-122, RPC)
When rebellion, coup d’etat and sedition
are committed abroad, the Philippine courts
will not have jurisdiction because they are
classified as crimes against public order.
Art. 3. Definitions. — Acts and omissions punishable by
law are felonies (delitos).
Felonies are committed not only be means of deceit
(dolo) but also by means of fault (culpa).
There is deceit when the act is performed with
deliberate intent and there is fault when the wrongful act
results from imprudence, negligence, lack of foresight, or
lack of skill.

ELEMENTS OF FELONIES IN GENERAL:


1. An act or omission
2. Act or omission punishable by the RPC
3. Act is performed or omission is incurred by means
of dolo (deceit) or culpa (fault).
Act- is any bodily movement tending to produce some
effects in the external world.
Omission- inaction, the failure to perform an act one is
bound to do.
Generic term RPC Special Law Ordinance
Crime Felony Offense Infraction
Classes of Felony
Intentional Non-Intentional(Culpa/Fault)
(Dolo/Deceit)
1. Freedom 1. Freedom
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2. Intelligence 2. Intelligence
3. Intent 3. Negligence (Imprudence /Lack of
Foresight/Lack of skills)

1. Freedom = voluntariness on the part of the person to


commit the act or omission. When a man acts without
freedom, he is no longer a human being but a tool.

2. Intelligence = capacity to know and understand the


consequence of one’s act. Without this power, necessary
to determine the morality of human acts no crime can
exist.

3. Intent (Criminal) = the purpose is to use a particular


means to effect such result. Intent to commit an act with
malice being purely a mental process is presumed. Such
presumption arises from the proof of commission of an
unlawful act. A mental Process, hence its existence is
shown by overt acts.

INTENT VS MOTIVE
Motive is the moving power which impels one to action
for a definite result. Intent is the purpose to use a
particular means to affect such result. Motive is not an
element of a crime and need not be proved. Intent is an
element and must be proved.

IMPRUDENCE VS. NEGLIGENCE


Negligence = indicates deficiency of perception; failure to
pay proper attention and to use diligence in foreseeing the
injury or damage impending to be caused. Usually involves
lack of foresight.
Imprudence = indicates deficiency of action: failure to take
the necessary precautions to avoid injury to person or
damages to property. Usually involves lack of skill.
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Art. 4. Criminal liability. — Criminal liability shall be


incurred:
1. By any person committing a felony (delito)
although the wrongful act done be different from that
which he intended.
2. By any person performing an act which would
be an offense against persons or property, were it not for
the inherent impossibility of its accomplishment or an
account of the employment of inadequate or ineffectual
means.

Paragraph 1: Criminal liability for a felony different from


that which is intended to be committed:
Rationale: He who is the cause of the cause is the
cause of the evil caused (el que es causa de la
causa es causa del mal causado)
REQUISITES:
1. An intentional Felony has been committed.
2. The wrong done to the victim be the direct, natural
and logical consequence of the felony committed
by the offender.
3. The felony done must be the proximate cause of
the resulting injury.

Proximate cause- is that cause which in the ordinary and


continuous sequence, unbroken by any efficient
intervening cause produces the injury. Efficient
Intervening cause- is those that break the relation of
cause and effect.
Article 4 (1) may refer to either:
a. Error in personae- mistake in identity of
victim
Illustration: A, a mortal enemy of B, waited in dark
alley where B usually passes by. A certain man is
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approaching the alley thinking that it was B, A stab


the man who turns out to be a different person (C).
Here A is liable for consummated homicide
as against C. There is difficulty of establishing a
compound crime in this case since B is not in the
place where the crime is committed.
b. Aberratio Ictus- mistake in blow
Illustration: A with intent to kill fired a gun towards
B but hitting C.
This is an example of a compound crime for A can be held
liable for (1) attempted Homicide or murder as against B,
and (2) Consummated homicide as against C.
c. Praeter Intentionem- result done is greater
than that originally intended.
Illustration: Mr. A with intent to coerce B, Inflict
upon B a fist blow, causing B to fell in the ground
with his head hitting a hard pavement leading to
his death.
Mr. A is liable for consummated homicide
although his intention was not so.
Art. 49. Penalty to be imposed upon the principals
when the crime committed is different from that
intended. — In cases in which the felony
committed is different from that which the
offender intended to commit, the following rules
shall be observed:
1. If the penalty prescribed for the felony
committed be higher than that corresponding to
the offense which the accused intended to
commit, the penalty corresponding to the latter
shall be imposed in its maximum period.
2. If the penalty prescribed for the felony
committed be lower than that corresponding to
the one which the accused intended to commit,
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the penalty for the former shall be imposed in its


maximum period.
3. The rule established by the next preceding
paragraph shall not be applicable if the acts
committed by the guilty person shall also
constitute an attempt or frustration of another
crime, if the law prescribes a higher penalty for
either of the latter offenses, in which case the
penalty provided for the attempted or the
frustrated crime shall be imposed in its maximum
period.
Mistake of fact- is a misapprehension of fact on the
part of the person who caused injury to another. He is
not liable for absence of criminal intent.
REQUISITES OF MISTAKE OF FACT:
1. The act would have been lawful had the facts been as
the accused believed them to be.
2. The intention of the accused in performing the act
should be lawful.
3. That the mistake must be without fault or
carelessness on the part of the accused
US vs Ah Chong (15 Phil 488) – the accused was
acquitted for killing the victim while acting under a
mistake of fact that the latter was going to attack
him and he had no opportunity to ascertain the
facts.
People vs. Oanis (74 Phil 257) – the accused police
officers were at fault when they shot the escaped
convict, who was sleeping, without first
ascertaining his identity.
Actus non facit reum nisi mens sit rea- the
act itself does not make a man guilty unless his
intention was so.
Actus me invito factus non est meus actus-
an act done by me against my will is not my act.
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Paragraph 2. IMPOSSIBLE CRIMES


REQUISITES:
1. The act performed would have been an offense
against persons or property.
2. The act was done with evil intent
3. Its accomplishment is inherently impossible
because it the means either inadequate or
ineffectual
4. The act does not constitute another violation of the
RPC.
Legal Impossibility – When the intended act, even
if completed would not amount to a crime. E.g.
Stealing a property that turned out to be owned by
the stealer.
Physical impossibility – when extraneous
circumstances unknown to the actor or beyond his
control prevent the consummation of the intended
crime. E.g. When one tries to murder a corpse.
Employment of inadequate means – i.e. small
quality of poison which is inadequate to kill a
person.
Employment of inefficient means – i.e. accused
fired a gun, not knowing that it was empty.
That the act performed should not
constitute a violation of another provision of the
RPC.
NOTE: Where the acts performed which would have
resulted in an impossible crime also (a) constitute an
offense under the RPC or (b) would subject the accused to
criminal liability although in a different category, the
penalty to be imposed should be that for the latter and not
for an impossible crime.
There is no attempted or frustrated impossible
crime.
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The purpose of the law in punishing impossible


crime is to suppress criminal propensities or tendencies.
The penalty for impossible crime is arresto mayor or fine
of P200-500 (Article 59).

Art. 5. Duty of the court in connection with acts which


should be repressed but which are not covered by the
law, and in cases of excessive penalties. — Whenever a
court has knowledge of any act which it may deem proper
to repress and which is not punishable by law, it shall
render the proper decision, and shall report to the Chief
Executive, through the Department of Justice, the reasons
which induce the court to believe that said act should be
made the subject of legislation.
In the same way, the court shall submit to the Chief
Executive, through the Department of Justice, such
statement as may be deemed proper, without suspending
the execution of the sentence, when a strict enforcement
of the provisions of this Code would result in the
imposition of a clearly excessive penalty, taking into
consideration the degree of malice and the injury caused
by the offense.

Phases in the Commission of Crime


1. Subjective Phase = that portion of the acts constituting
the crime, starting from the point where the offender
begins the commission of the crime to that point where he
has still control over his acts including their (acts) natural
course.
2. Objective Phase = is the result of the acts of the
execution, that is, the accomplishment of the crime
Things to be considered in determining whether a
crime is attempted, frustrated or consummated:
1. Manner/mode of commission;
2. Element constituting the offense; and
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3. Nature of Crime (whether it is material crime


which constitutes an attempted, frustrated and
consummated offense or formal crime which is either
there is crime or none)
Indeterminate offense = one where the purpose of
the offender in performing a act is not certain. The
accused may be convicted for a felony defined by the acts
performed by him up to the time of desistance (People vs.
Lamahang, 61 Phil. 703)

Attempted Frustrated Consummated


1. The offender 1. The offender = When all the
commences the performs all the elements
commission of the acts of necessary for
felony directly by execution; its execution
overt acts; 2. All the acts and
2. He does not performed accomplishme
perform all acts of would produce nt are present
execution which the felony as a
would produce the consequence;
felony; 3. but the felony
3. The offenders act is not produced;
be not stopped by 4. by reason of
his own causes
spontaneous independent of
desistance. the will of the
perpetrator.

Art. 6. Stages in Crime Commission:


Overt Act refers to some physical activity or deed more
than a mere planning or preparation, which if carried out
to its complete termination following its natural course.
Without being frustrated neither by external obstacles nor
by the voluntary desistance of the perpetrator, will
logically and naturally ripen in a concrete offense.
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Homicide or Murder or Parricide


Consummated : When the victim died.

Frustrated: When a mortal wound was inflicted


(which would produce the crime as a consequence) but
the victim survived due to some cause independent of the
will of the perpetrator, e.g when immediate medical
attention was given.

Attempted: When the person merely commences


an overt act but did not perform all acts of execution due
to some cause or accident other than his own
spontaneous desistance.
e.g. Aiming a knife with intent to kill, firing at a
person who was not been hit due to poor aiming, inflicting
injuries to a person with intent to kill when such injury is
only slight or not mortal.
N.B. Absence of intent to kill will make any injuries
inflicted to a person only physical injury and not
attempted or frustrated.
When a discharged or a firearm is made pointed at
a person without an intent to kill the crime would be illegal
discharge of a firearm. Firing indiscriminately in the air
would constitute a crime of alarm and scandal while firing
at a person with intent to kill and inflicting only a slight
physical injury would be an attempted homicide or
murder.

Rape
There is no frustrated rape, it is either attempted
or a consummated rape. Even a slightest penetration of
the male organ to the vagina of a woman would constitute
as a consummated rape. Once the perpetrator was caught
in the act of lying on top of a naked woman and just places
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his penis on top of the vagina the crime would only be


attempted rape.
When the person merely did an act in lewd design
but without intention to lie on top of a woman, the crime
would only be act of lasciviousness.

Arson
There is consummated arson even if only a portion
of the building was burned in as much as total burning is
not necessarily a requirement.
In the case of People vs. Garcia , there is no
frustrated arson for a mere setting of something into fire
or an overt act directly connected with the burning of the
building have not been performed the crime is merely
attempted. The same is true when a person pour gasoline
under the house of another and was about to strike the
match to set the house on fire when he was apprehended,
the crime would only be attempted arson.

Theft
When the unlawful taking is complete and the
articles has come under the final control and disposition of
the offender, the theft is consummated.
Mere abstraction by the accused of a belt from the
baggage of a passenger of a vessel and secreting it in his
desk in the customs house where it was discovered is
consummated. The determining factor for consummation
if the ability to dispose fully of the article stolen, even if it
were more or less momentarily.
When an accused was discovered with the stolen
articles at a checkpoint which must first be passed before
the loot cold be subject to the control and disposal of the
offender the crime would be frustrated (People vs. Divino)
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Estafa
Unlike theft, damage is an essential element in
estafa.
A salesman who pocketed part of the sales amount
instead of giving it to the cashier, but who discovered it in
time, the estafa committed is frustrated. (U.S. vs.
Dominguez, 41 Phil. 409)
If the offender has performed all the acts of deceit
as by trying to collect a fee from the offended party but
the fraudulent scheme was not realized because of the
inability of the offended arty to pay the said fee, the estafa
is attempted (U.S> vs. Villanueva, 1 Phil 370).
Estafa is either attempted or frustrated if there is
no damage provided there is abuse of confidence or
through deceit.
Art. 7. When light felonies are punishable. — Light
felonies are punishable only when they have been
consummated, with the exception of those committed
against person or property.
Art. 8. Conspiracy and proposal to commit felony. —
Conspiracy and proposal to commit felony are punishable
only in the cases in which the law specially provides a
penalty therefor.
A conspiracy exists when two or more persons
come to an agreement concerning the commission of a
felony and decide to commit it.
There is proposal when the person who has
decided to commit a felony proposes its execution to
some other person or persons.
Gen. Rule: Mere conspiracy or proposal to commit a
felony is not punishable since they are only preparatory
acts.
Exception: In cases in which the law specially provides a
penalty therefore.
“The Act of one is the act of all”
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Gen. Rule: When conspiracy is established, all who


participated therein, irrespective of the quantity or quality
of his participation is liable equally of his participation is
liable equally, whether conspiracy is pre-planned or
instantaneous.
Exception: Unless one or some of the conspirators
committed some other crime which is not part of the
intended crime.
Exceptions to the exception: When the act constitutes a
“single indivisible offense”.

Conspiracy and Proposal to Commit a Felony- are


punishable only in the cases in which the law specifically
provides a penalty therefore.
Illustrations:
1. A, B, and C decided to commit robbery in the house
of D. Pursuant to their agreement, A would ransack
the second floor, B was to wait outside, and C
would stay on the first floor. Unknown to B and C,
A raped the girl upstairs. All of them will be liable
for robbery with rape. The crime committed is
robbery with rape, which is not a complex crime,
but an indivisible felony under the Article 294 of
the Revised Penal Code. Even if B and C did not
know that rape was being committed and they
agreed only and conspired to rob, yet rape was
part of robbery. Rape cannot be separated from
robbery.
2. A, B and C agreed to rob the house of D. It was
agreed that A would go the second floor, B would
stay in the first floor, and C stands guard outside.
All went to their designated areas in pursuit of the
plan. While A was ransacking the second floor, the
owner was awakened. A killed him. A, B and C will
be liable for robbery with homicide. This is
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because, it is well settled that any killing taking


place while robbery is being committed shall be
treated as a single indivisible offense.

Cases where mere conspiracy is already punishable:


1. Conspiracy to commit treason (Art.115);
2. Conspiracy to commit rebellion or insurrection
(Art. 136);
3. Conspiracy to commit sedition (Art. 141);
4. Conspiracy in restraint of trade or commerce
(Art. 186)
5. Conspiracy to commit terrorism under RA 9372
6. Conspiracy to commit arson under PD 1602.

Cases where mere proposal is already punishable:


1. Proposal to commit treason (Art. 115);
2. Proposal to commit rebellion or insurrection
(Art. 136).

Felonie Penalti Degrees Period Pres. Pres.


s es DRRPPAA Of Of
Art. 9 Art 25 Crime Penal
ty
Grave 1.
Felony Capital 1. Death
Punish
ment 2. (a) Rec. 20 20 yrs
Perpetua yrs.&1da
2. y to 40 20 yrs 15 yrs
Afflictiv (b) Rec. yrs.
e Temporal 12 yrs 15 yrs 15 yrs
Penalty &1day to
(c) 20 yrs.
Prision 6 yrs &
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Mayor 1day to
12 yrs.
Less Correcti (a) Prision 6mos & 1 10 yrs 10 yrs
Grave onal Corr day
F. Penalty ectional to 6 5 yrs. 5 yrs
(b) Arresto yrs.
Mayor 1mo.
&1day to
6 mos.
Light Light Arresto 1 day to 2mos 1 yr.
Felony Penalty Menor 30 days
(1mo.)
Art. 10. Offenses not subject to the provisions of this
Code. — Offenses which are or in the future may be
punishable under special laws are not subject to the
provisions of this Code. This Code shall be supplementary
to such laws, unless the latter should specially provide the
contrary.
Special Law- a law which defines and punishes act not
found in the RPC.

Art 11. Justifying Art. 12. Exempting


1. Act –lawful 1. There is crime but
2. No Criminal and Civil no Criminal Liability
Liability. (Except Par. 4, Art
(Except. Par. 4, Art 11, RPC) 12)
3. An affirmative defense. 2. Complete
4. Burden of proof is on the absence of
accused. intelligence,
5. Clear and convincing freedom of action
evidence. or intent or on the
6. Lack of criminal intent . absence of
negligence.
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Art.13 Art.14. Art.15


Mitigating Aggravating Alternative
1. Do not 1. Penalty Must be taken
entirely free imposed in its into
the actor from maximum consideration as
criminal period or aggravating or
liability, but change the mitigating.
serve only to nature of the (RID)
reduce the crime. 1. Relationship
penalty 2. Based on the 2. Intoxication
2. Diminution greater 3. Degree of
of either: perversity of Instruction and
“FII”or lesser the offender. education of the
perversity of Offender
the offender.

Art 11. Justifying Circumstances:


1. Self Defense
a. Unlawful Aggression (indispensable element)
b. Reasonable necessity of the means employed to
prevent or repel it; and
c. Lack of sufficient provocation on the part of the
person defending himself.
2. Defense of Relatives
a. Element 1 and 2 of Self Defense are the same
b. . In case of provocation was given by the person
attacked, the one making the defense had no part therein.
Relatives by affinity are those created by marriage
such as parents in law, sons and daughters in law
Relatives by consanguinity are relatives by nature
or by blood relations. Siblings are within the 2nd
civil degree, whereas uncle and niece or aunt and
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nephew are within the 3rd civil degree, first cousins


are within the 4th civil degree.
3. Defense of Strangers
a. Element 1 and 2 of self defense are the same.
b. The person defending be not induced by
revenge, resentment or other evil motive.
4. Avoidance of greater evil or injury
a. That the evil sought to be avoided actually exists;
b. That the injury feared be greater than that done
to avoid it; and
c. There be no other practical and less harmful
means of preventing it.
5. Fulfillment of a duty or in the lawful exercise of a right
or office.
a. That the accused acted in the performance of a
duty or in the lawful exercise of right or office;
b. That the injury cause or offense committed be
the necessary consequence of the due performance of
duty or the lawful exercise of such right or office.
6. Obedience to an order issued by a superior for some
lawful purpose.
a. That the order has been issued by a superior.
b. That such order must be for some lawful purpose;
c. That the means used by the subordinate to carry out
said order is lawful.
Battered Wife- a woman who is repeatedly
subjected to any forceful physical or psychological
behavior by a man in order to do something he wants her
to do without concern for her rights. It includes wives or
woman in any form of intimate relationship with a man.
The couple must go through the battering cycle at least
twice. This is a new justifying circumstance not
withstanding the absence of any circumstances mentioned
in Art 11 of the RPC.
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Cycles of Violence in BWS


1. Tension Building Stage- where minor battering occurs
2. Acute Battering Incident- characterized by brutality,
destructiveness and death.
3. Tranquil or loving phase- The batterer shows loving
caring nurture to the victim.
Art 12. Exempting Circumstances:
(I2MAIUL)
1. Imbecility; Insanity (unless the latter acted during a
lucid interval)
Imbecile- One who is old but has a mental
development similar to children between the ages 2-7
years.
Insanity- one which exists when there is a
complete deprivation of intelligence in committing the
criminal act, that is the accused is deprived of reason and
acts without the least discernment.
2. A person under 9 (15 below, R.A.9344)
3. A person over 9 and under 15 unless he has acted with
discernment. (over 15 below 18, R.A. 9344)
Category of ages:
a. 15 below = age of complete irresponsibility
(Exempted from criminal liability subject to
intervention program, R.A> 9344). Civil liability
shall be paid by the parents or guardian of the
child.
b. Over 15 but under 18 = age of conditional
responsibility.
b.1. Acted without discernment = exempted
from criminal liability, subject to intervention and
payment of civil liability.
b.2. Acted with discernment = can be legally be
adjudicated subject to Diversion Program (R.A.
9344).
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c. 18 years of age = age of majority/legal age (R.A.


6809).
d. 18 year old to 70 years old = age of full
responsibility.
4. Any person who, while performing a lawful act with due
care, causes an injury by mere accident without fault or
intention of causing it.
5. Any person who act under the compulsion of irresistible
force.
6. Any person who acts under the impulse of an
uncontrollable fear of an equal or greater injury.
7. Any person who fails to perform an act required by law,
when prevented by some lawful insuperable cause.
Absolutory causes: (Those where the accused committed
a crime but by reason of public policy and sentiment, there
is no penalty imposed)
Some Absolutory Causes:
a. Spontaneous desistance (Art 6);
b. Instigation (an act of law enforcer, inducing a person to
perform an act which later on causes his arrest);

Entrapment Instigation
1. Criminal design originates 1. Idea and design to
from and is already in the commit a crime originates
mind of the law breaker and is developed by the
even before entrapment. mind of the law enforcers.
2. Law enforcers use ways 2. Law enforcer induces
and means to catch the law person who is not minded
breaker in flagrante delicto. to commit a crime and later
3. It is not a bar to arrest him.
prosecution and conviction 3. circumstances absolve
of law breaker. accused from criminal
liability,
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c. Accessories who are exempt from criminal liability by


reason of relationship, except when he profits by the
effect of the crime or by assisting the offender to profit by
the effects of the crime. (Art 20);
d. Last paragraph of Art 124 (Arbitrary Detention);
e. Legal spouse or parent who inflicts slight physical
injuries under exceptional circumstances (Art 247).
f. Art 280 – Exception in trespass to dwelling; and
g. Person exempt from criminal liability for theft swindling
and malicious mischief by relationship to the offended
party (Art 332).
Art 13. Mitigating Circumstances:
Kinds of Mitigating Circumstances:
1. Ordinary mitigating = mitigating circumstances
which can be off-set by aggravating circumstances.
2. Privilege mitigating = it cannot be off-set by an
aggravating circumstances such as those which
lowers the penalty by one or two degrees if the act
is not wholly excusable. Examples: (a) Minor who is
not exempt from criminal liability can be given one
degree lower in penalty; (b) existence of two or
more mitigating without aggravating
circumstances, the penalty is one degree lower; (c)
a woman guilty of adultery while being abandoned
without justification by the offended spouse, the
penalty next lower in degree shall be imposed (Art
333, RPC).
Art. 68. Penalty to be imposed upon a
person under eighteen years of age. — When the
offender is a minor under eighteen years and his
case is one coming under the provisions of the
paragraphs next to the last of Article 80 of this
Code, the following rules shall be observed:
1. Upon a person under fifteen but over nine
years of age, who is not exempted from liability
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by reason of the court having declared that he


acted with discernment, a discretionary penalty
shall be imposed, but always lower by two
degrees at least than that prescribed by law for
the crime which he committed.
2. Upon a person over fifteen and under eighteen
years of age the penalty next lower than that
prescribed by law shall be imposed, but always in
the proper period.
Art. 69. Penalty to be imposed when the
crime committed is not wholly excusable. — A
penalty lower by one or two degrees than that
prescribed by law shall be imposed if the deed is
not wholly excusable by reason of the lack of
some of the conditions required to justify the
same or to exempt from criminal liability in the
several cases mentioned in Article 11 and 12,
provided that the majority of such conditions be
present. The courts shall impose the penalty in
the period which may be deemed proper, in view
of the number and nature of the conditions of
exemption present or lacking.
Enumeration of mitigating circumstances:
1. Incomplete justifying or exempting circumstance
2. Under 18 (Privilege mitigating)
3. No intention to commit so grave a wrong (praeter
intentionem)
4. Sufficient provocation or threat
5. Vindication of a grave offense
6. Passion or obfuscation
7. Voluntary surrender/ voluntary confession of guilt
8. Deaf, dumb, blind and other physical defects
9. Illnesses which diminish will power
10. Analogous circumstances.
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Art. 14 Aggravating Circumstances


Kinds of Aggravating Circumstances:
1. Generic = it refers to those aggravating
circumstances which apply to all crimes. It can be
off-set by a mitigating circumstance. In the absence
of mitigating circumstances it has the effect of
imposing the penalty prescribed in its maximum
period. It must be alleged in the information
otherwise it will not be considered in the
imposition of the penalty.
2. Inherent = aggravating circumstances which
comes in the commission of the crime.
3. Qualifying = aggravating circumstances which
change the nature of the crime.
4. Specific = aggravating circumstances which are
applicable to a particular crime.
5. Special Aggravating = those that are provided
by a special law to be aggravating
ENUMERATION OF AGGRAVATING CRCUMSTANCES:
1. Advantage of public position
2. In contempt or with insult to public authorities
3. Disrespect on the rank, age or sex of the offended party;
the crime is committed in the dwelling of offended party
Dwelling = must be a building or structure
exclusively used for rest and comfort.
4. Abuse of confidence or obvious ungratefulness
5. Palace of the Chief Executive, or in his presence, or
place where authorities discharge their duties, or place of
religious worship.
6. Nighttime, uninhabited place, band
Nighttime = the accused must have deliberately
availed of night time to ensure the success of his act.
Uninhabited place = what is considered here aside
from the distance and isolation of the place is the
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reasonable possibility of the victim receiving or securing


aid from third persons.
Band = when an offense is committed by four or
more armed malefactors.
7. On occasion of conflagration, shipwreck etc.
8. Aid of armed men
9. Recidivist
10. Reiteration
RECIDIVIST- one who at the time of his trial for one
crime, shall have been previously convicted by final
judgment of another crime embraced in the same title of
the Revised Penal Code.
REITERATION (HABITUALITY) = when the offender
has been previously punished for an offense to which the
law attaches an equal or greater penalty or for two or
more crimes to which it attaches a lighter penalty (under
the different title).
QUASI RECIDIVIST = one who before serving or
while serving his sentence commits another crime.
HABITUAL DELINQEUNT =an offender who within a
period of ten (10) years from the date of his release or last
conviction of the crimes of Serious or Less serious Physical
Injuries, Robbery (robo), Theft (hurto),Estafa or
falsification is found guilty of any of the said crimes a third
time or offener
n.b. There are four forms of criminal repetition
under the Penal Code. They are: a. recidivism, b.
reiteration or habituality c. habitual delinquency and d.
quasi recidivism
11. Price, reward or promise
12. Inundation, fire, poison, etc
13. Evident Premeditation
There must be sufficient lapse of time between
determination and execution in order that it may be
appreciated as aggravating circumstance.
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14. Craft, fraud or Disguise


CRAFT- is a circumstance characterized by trickery
or cunning resorted to by the accused, to carry out his
design. It is the use of intellectual trickery and cunning on
the part of the accused.
FRAUD- insidious words or machinations used to
induce the victim to act in a manner which would enable
the offender to carry out his design.
DISGUISE- it involves the deliberate effort of the
accused to conceal his identity in the commission of the
crime.
15. Superior strength or means to weaken defense
16 Treachery (Alevosia)
It must be shown that the accused employed ways
and means in order to ensure the execution of the act
without risking himself to the possible defense that the
victim might be able to make.
17. IGNOMINY- is a circumstance pertaining to the moral
order, which adds disgrace and obloquy to the material
injury caused by the crime. It is a circumstance that tends
to make the effects of the crime more humiliating, thus
adding to the victim’s moral sufferings.
18. Unlawful entry
19. Wall, roof, floor be broken
20. Aid of persons under 15, motor vehicle
21. Cruelty
That the wrong done in the commission of the
crime be deliberately augmented by causing other wrong
not necessary for its commission (must be inflicted on
“living”)
ALTERNATIVE CIRCUMSTANCES (RID)
Art. 15. Their concept. — Alternative circumstances are
those which must be taken into consideration as
aggravating or mitigating according to the nature and
effects of the crime and the other conditions attending its
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commission. They are the relationship, intoxication and


the degree of instruction and education of the offender.
a. Relationship = (aggravating in crimes
against person/ mitigating in crimes against
property).
b. Intoxication = (aggravating when
intentional & habitual/ Mitigating when
unintentional).
c. Degree of education = (the higher the
degree of education aggravating).
PERSONS CRIMINALLY LIABLE FOR FELONIES
Art. 16. Who are criminally liable. — The following are
criminally liable for grave and less grave felonies:
1. Principals.
2. Accomplices.
3. Accessories.
The following are criminally liable for light felonies:
1. Principals
2. Accomplices.
WHO ARE THE PERSONS WHO MAY BE CRIMINALLY LIABLE
(Degree of participation)
1. Principals
2. Accomplices
3. Accessories
* Active and Passive Subject of the crime
Art. 17. Principals. — The following are considered
principals:
1. Those who take a direct part in the execution of the act;
2. Those who directly force or induce others to commit it;
3. Those who cooperate in the commission of the offense
by another act without which it would not have been
accomplished.
THREE CLASSIFICATIONS OF PRINCIPALS
1. Those who take a direct part in the execution of
the act.
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2. Those who directly forced or induced others to


commit it
3. Those who cooperate in the commission of the
offense by another act without which it would not
have been accomplished

Art. 18. Accomplices. — Accomplices are those persons


who, not being included in Art. 17, cooperate in the
execution of the offense by previous or simultaneous acts.
Art. 19. Accessories. — Accessories are those who, having
knowledge of the commission of the crime, and without
having participated therein, either as principals or
accomplices, take part subsequent to its commission in
any of the following manners:
1. By profiting themselves or assisting the offender
to profit by the effects of the crime.
2. By concealing or destroying the body of the
crime, or the effects or instruments thereof, in
order to prevent its discovery.
3. By harboring, concealing, or assisting in the
escape of the principals of the crime, provided the
accessory acts with abuse of his public functions or
whenever the author of the crime is guilty of
treason, parricide, murder, or an attempt to take
the life of the Chief Executive, or is known to be
habitually guilty of some other crime.
Art. 20. Accessories who are exempt from criminal
liability. — The penalties prescribed for accessories shall
not be imposed upon those who are such with respect to
their spouses, ascendants, descendants, legitimate,
natural, and adopted brothers and sisters, or relatives by
affinity within the same degrees, with the single exception
of accessories falling within the provisions of paragraph 1
of the next preceding article.
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WHO ARE THE ACCESSORIES WHO ARE EXEMPT FROM


CRIMINAL LIABILTY?
The spouse, ascendants, descendants, brothers and
sisters or relatives by affinity within the same degree.
(Note: Except paragraph one)

Penalty- is the suffering inflicted by the State for the


transgression of the law.

JURIDICAL CONDITIONS OF PENALTY


1. Must be commensurate with the offense- different
crimes have different penalties under the law.
2. Must be personal- A person should be held
accountable for his own actions. No person should
be punished for the crime of another
3. Certain- No person must escape the penalty.
4. Legal- The penalty must be in accordance with the
law

JUSTIFICATION FOR THE IMPOSITION OF PENALTY


1. Exemplarity- to serve as an example to others and
deter them from emulating the criminal.
2. Justice- Criminal is punished as an act of retributive
justice.
3. Prevention- To suppress or prevent the danger to
the State of the acts of the criminal.
4. Reformation- Under the modern concept of
correction the criminal is punished in order to
rehabilitate or reform him.
5. Self Defense- To protect the society against the
threats and actions of the criminals.
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LIFE IMPRISONMENT vs. RECLUSION PERPETUA

LIFE RECLUSION PERPETUA


IMPRISONMENT
1. does not have 1. Has duration of 30 years after
specific duration which convict becomes
pardonable but the maximum
period shall not exceed 40 years.
2. imposed for 2. Imposed for violations of
violations of felonies punishable under the
special laws Revised Penal Code
3. does not have 3. Has accessory penalties
accessory
penalties

Title Three – PENALTIES


Chapter One – Penalties in General
Art 21. No felony shall be punishable by any penalty not
prescribed by law prior to its commission
Art 22. Penal laws shall have retroactive effect in so far as
they favor the person guilty of a felony, who is not a
habitual criminal, although at the time of the publication
of such laws a final sentence has been pronounced and the
convict is serving the sentence.
Art 23. A pardon by the offended party does not
extinguish criminal action except as provided in article
344. But civil liability with regard to the interest of the
injured party is extinguished by his express waiver.
Art. 24. Measures of prevention or safety which are nor
considered penalties. — The following shall not be
considered as penalties:
1. The arrest and temporary detention of accused
persons, as well as their detention by reason of
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insanity or imbecility, or illness requiring their


confinement in a hospital.
2. The commitment of a minor to any of the
institutions mentioned in Article 80 and for the
purposes specified therein.
3. Suspension from the employment of public
office during the trial or in order to institute
proceedings.
4. Fines and other corrective measures which, in
the exercise of their administrative disciplinary
powers, superior officials may impose upon their
subordinates.
5. Deprivation of rights and the reparations which
the civil laws may establish in penal form.
Art 25 Art 26 Accessory
Penalties
A.Cap. Fine. When is 1. Perpetual or
Punishment fine afflictive, Temporary
1.Death correctional or Absolute
B.Afflictive light in Disqualification.
Penalties character 2. Perpetual or
1. Rec. Perpetua 1. It is afflictive temporary special
2. Rec. Temporal if it exceeds disqualification.
3. Prison Mayor P6000. 3. Suspension
C. Correctional from public office,
Penalties 2. It is the right to vote
1. Prision Cor. correctional if and be voted for,
2. Arresto Mayo it does not the profession or
Suspension exceed P6000 calling.
Destierro but is not less 4. Civil Interdiction
D.Light than P200 5. Indemnification
Penalties: 6. Forfeiture or
1.Arresto Menor 3. It is light if it confiscation of
2.Public Censure is less than instruments and
Penalties P200. proceeds of the
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common to the offense.


three preceding 7. Payment of
classes: fine, and costs.
bond to keep
the peace.
1.
Art 28. Computation of Penalties:
d. If the offender is in prison = penalty shall be
computed from the day on which the judgment of
conviction shall have become final.
e.If the offender is not in prison = penalty shall be
computed from the day the offender is placed to the
disposal of the judicial authorities for the
enforcement of the penalty.
f. Other shall be from the commencement of the
service of sentence.
Art 29. Concept of preventive imprisonment.
Offenders or accused who have undergone preventive
imprisonment shall be credited in the service of their
sentence consisting of deprivation of liberty, with the full
time during which they have undergone preventive
imprisonment if the detention prisoner agrees voluntarily
in writing to abide by the same disciplinary rules imposed
upon convicted prisoners. Except:
1. when they are recidivist, or have been convicted
previously twice or more times of any crime;
2. when upon being summoned for the execution of
their sentence they failed to surrender
voluntarily.(Article 29)
Note: An accused undergoes preventive imprisonment
when the offense charged is non bailable or even if bailable
he cannot furnish the required bail. Now if an accused does
not agree to abide by the same disciplinary rules imposed
upon convicted prisoners, he shall be credited in the service
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of his sentence with 4/5 of the time during which he has


undergone preventive imprisonment.
If the preventive imprisonment period is already
equal to or more than the possible maximum period of
imprisonment ----he shall be released immediately without
prejudice to the continuation of the trial, appeal or review.
In case the maximum penalty for which the accused
may be sentenced is destierro, he shall be released after
thirty (30) days of preventive imprisonment (As amended
by R.A. 6127, and further amended by E.O. 214 July 10,
1987).
Art 30 to 33
Art 34. Civil Interdiction
It is an accessory penalty which has the effects of
depriving the offender during the time of his sentence of
the rights of parental authority, or guardianship, either as
to the person or property of any ward, of marital
authority, of the right to manage his property, and of the
right to dispose of such property by any act or any
conveyance inter vivos.
Art 35. Bond to keep the peace
It is an accessory penalty which has the effect of
requiring the person sentenced to it to present two
sureties who shall undertake that such person will not
commit the offense sought to be prevented, and in case
such offense be committed they will pay the amount
determined by the court in its judgment, or otherwise to
deposit such amount in the office of the clerk of court to
guarantee said undertaking. If the person sentenced fail to
give the bond as required he shall be detained for a period
not exceeding six months if he shall have been prosecuted
for grave or less grave felony, and shall not exceed thirty
days, if for a light felony.
Art 36. Pardon; Its effects. ---A pardon shall not work the
restoration of the right to hold public office, or the right of
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suffrage, unless such rights be expressly restored by the


terms of the pardon. It shall also not exempt the culprit
from the payment of the civil liability imposed upon him
by the sentence.
Pardon- is an act of grace proceeding from the
power entrusted with the execution of the laws which
exempts the individual on whom it is bestowed from the
punishment the law inflicts for the crime he has
committed. A pardon may either be a conditional or
absolute.
LIMITATIONS ON THE PARDONING POWER OF THE
PRESIDENT
1. Pardon can be exercised only after conviction;
2. This power cannot be extended to cases of
impeachment
3. No pardon involving violations of elections laws,
shall be granted without the favorable
recommendation of the COMELEC.
PARDON OF THE PRESIDENT vs. PARDON BY THE PRIVATE
OFFENDED PARTY
PARDON OF THE PARDON OF THE OFFENDED PARTY
PRESIDENT
1. Extinguishes the It does not extinguish the criminal
criminal liability of liability of the offender
the offender
2. It does not The offended party can waive the
include the civil civil liability of the offender
liability to pay
3. Granted only Must be made before the institution
after conviction of the criminal action in cases where
the law allows pardon by the
offended party. Also it must be
extended to both offenders.
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Art 37. Cost. Includes: Fees, indemnities in the course of


the judicial proceedings, whether they be fixed or
unalterable amounts previously determined by law or
regulations in force or amounts not subject to schedule/
Art 38. Pecuniary liabilities:
Order of payment: (a) The reparation of the damage
caused, (b) Indemnification of the consequential damage
caused, (c) the fine, (d) the costs of the proceedings.
Art 39. Subsidiary penalty
It is a personal liability to be suffered by the
convict who has no property to pay the fine at the rate of
one day for each eight pesos.
RULES TO BE OBSERVED IN SUBSIDIARY IMPRISONMENT
1. When the principal penalty is higher than prision
correctional no subsidiary imprisonment shall be
impose.
2. If the principal penalty be prison correctional or
arresto and fine, his subsidiary imprisonment shall
not exceed 1/3 of the term of the sentence, and in
no case shall it continue for more than one year
3. When the principal penalty is only fine, subsidiary
imprisonment shall not exceed six months, if the
offender is prosecuted for grave or less grave
felonies, and shall not exceed 15 days if for a light
felony.
4. The subsidiary penalty which he may have suffered
shall not relieve him from the fine in case his
financial circumstances should improve.
5. The subsidiary personal liability of which he convict
may have suffered by reason of his insolvency shall
not relieve him from the fine in case his financial
circumstances should improve (As amended by R,A,
5465, which lapsed into law on April 21, 1969; as
amended by R.A> 10159, approved April 10, 2012).
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Section three – penalties in which other accessory


penalties are inherent. ----- Articles 40-44 are merely
enumeration of accessory penalties for each penalty.
Art 45. Confiscation and forfeiture of the proceeds or
instruments of the crime is always carried in every
penalties.
Such proceeds or instruments shall be confiscated
or forfeited in favor of the government, unless they be the
property of a third person not liable for the offense, but
those articles which are not subject of lawful commerce
shall be destroyed.
Art 46, 50 to 57. COMPUTATION OF PENALTIES BY
GRADUATION OF DEGREE
Consummated Frustrated Attempted
Principals (Art 46) 0 1 2
Accomplices 1 2 3
Accessories 2 3 4
Article 71 RPC. Graduated Scale
SCALE NO. 1
1. Death
2. Reclusion Perpetua
3. Reclusion Temporal
4. Prision Mayor
5. Prision Correctional
6. Arresto Mayor
7. Destierro
8. Arresto Menor
9. Public Censure
10. Fine
SCALE NO.2
1. Perpetual absolute disqualification
2. Temporary absolute disqualification
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3. Suspension from public office, the right to vote


and be voted for, and the right to follow a
profession or calling
4. Public censure
5. Fine
Art 47. In what cases the death penalty shall not be
imposed;
a. When the guilty person is below 18 years of age
at the time of the commission of the crime;
b. More than 70 years of age or;
c. Upon appeal or automatic review by the
Supreme Court, the required majority vote is
not obtained, in which case the penalty shall be
reclusion perpetua.
Automatic Review of Death Penalty Cases:
In all cases where the death penalty is imposed by
the trial court, the record shall be forwarded to the
Supreme Court for automatic review and judgment
by the court en banc, within 20 days but not earlier
than 15 days after the promulgation of the
judgment or notice of denial of any motion for new
trial or reconsideration. The transcript shall be
forwarded within 10 days after the filing thereof by
the stenographic reporter (Amended by R.A. 9346.)
Art 48. Penalty for Complex Crimes. When a single act
constitutes two or more grave or less grave felonies, or
when an offense is a necessary means for committing the
other, the penalty for the more serious crime shall be
imposed in its maximum period.
TWO KINDS OF COMPLEX CRIMES:
1. When a single act constitutes two or more grave or less
grave felonies- (compound crime or delito compuesto)
2. When an offense is a necessary means of committing
the other- (complex crime proper or
delito complejo)
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Continued Crime = it is a single crime, consisting of


a series of acts all arising from one criminal resolution. It is
a continuous, unlawful act or series of act set on foot by a
single impulse and operated by an unintermittent force,
however long time it may occupy.
Compound Complex Spl. Complex Continued
Single Act One crime During by A series of
results into is reason or on acts arising
two or more necessary occasion of from one
grave or less to commit one crime criminal
grave the other. another crime resolution.
felonies. Ex./Mr. A is committed. Ex.
Example: abducted Ex.// A, B and Mr. A
Mr. A fired a and Rape C killed the stolen four
gun towards Ms. C. owner of the chicken in
Mr. B killing B --Rape house on one
and seriously with occasion of a compound
injuring an Forcible robbery. one
innocent Abduction ---Robbery evening.
person at the with --only one
back of Mr. B. Homicide. count of
--- (robbery with Theft is
Consummate rape, Rape committed.
d homicide with homicide,
and Serious Arson with
Physical homicide and
Injury. others

Plurality of crimes- consist in the successive


execution by one individual of different criminal acts upon
which no conviction is yet declared. It could either be
formal or ideal plurality of which art. 48 is the best
example, that is there is only one criminal liability or real
or material plurality where there are different crimes in
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the eyes of the law and in the conscience of the offender.


Hence in real or material plurality the offender is punished
for each and every offense that he committed.

Art 49 (See article 4, par. 1)


Art 50 to 57
Art. 58. Additional penalty to be imposed upon
certain accessories. — Those accessories falling within
the terms of paragraphs 3 of Article 19 of this Code who
should act with abuse of their public functions, shall
suffer the additional penalty of absolute perpetual
disqualification if the principal offender shall be guilty of
a grave felony, and that of absolute temporary
disqualification if he shall be guilty of a less grave felony.
Art 59. (See Art 4, Par 2- Impossible crime)
Art. 60. Exception to the rules established in
Articles 50 to 57. — The provisions contained in Articles
50 to 57, inclusive, of this Code shall not be applicable to
cases in which the law expressly prescribes the penalty
provided for a frustrated or attempted felony, or to be
imposed upon accomplices or accessories.
Art. 61. Rules for graduating penalties. — For the
purpose of graduating the penalties which, according to
the provisions of Articles 50 to 57, inclusive, of this Code,
are to be imposed upon persons guilty as principals of
any frustrated or attempted felony, or as accomplices or
accessories, the following rules shall be observed:
1. When the penalty prescribed for the felony is
single and indivisible, the penalty next lower in
degrees shall be that immediately following that
indivisible penalty in the respective graduated
scale prescribed in Article 71 of this Code.
2. When the penalty prescribed for the crime is
composed of two indivisible penalties, or of one
or more divisible penalties to be impose to their
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full extent, the penalty next lower in degree shall


be that immediately following the lesser of the
penalties prescribed in the respective graduated
scale.
3. When the penalty prescribed for the crime is
composed of one or two indivisible penalties and
the maximum period of another divisible penalty,
the penalty next lower in degree shall be
composed of the medium and minimum periods
of the proper divisible penalty and the maximum
periods of the proper divisible penalty and the
maximum period of that immediately following in
said respective graduated scale.
4. when the penalty prescribed for the crime is
composed of several periods, corresponding to
different divisible penalties, the penalty next
lower in degree shall be composed of the period
immediately following the minimum prescribed
and of the two next following, which shall be
taken from the penalty prescribed, if possible;
otherwise from the penalty immediately following
in the above mentioned respective graduated
scale.
5. When the law prescribes a penalty for a crime
in some manner not especially provided for in the
four preceding rules, the courts, proceeding by
analogy, shall impose corresponding penalties
upon those guilty as principals of the frustrated
felony, or of attempt to commit the same, and
upon accomplices and accessories.

ARTICLE 62 REVISED PENAL CODE


1. Aggravating circumstances which in themselves
constitute a crime especially punishable by law or
which are included by law in defining a crime and
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prescribing the penalty therefore shall not be


taken into account for the purpose of increasing
the penalty.
a. When in the commission of a crime advantage was
taken by the offender of his public position, the
maximum penalty shall be imposed regardless of
mitigating circumstances.
b. The maximum penalty shall be impose if the
offense was committed by any person who belongs
to an organized/syndicated group. An organized
or syndicated group means a group of two or more
persons collaborating, confederating, or mutually
helping one another for the purpose of gain in the
commission of a crime.
2. The same rule shall apply with respect to any
aggravating circumstance inherent in the crime to
such a degree that it must of necessity accompany
the commission thereof.
3. Aggravating or mitigating circumstances which
arise from the moral attributes of the offender, or
from his private relations with the offended party,
or from any other personal cause, shall only serve
to aggravate or mitigate the liability of the
principals, accomplices and accessories as to
whom such circumstances are attendant.
4. The circumstances which consist in the material
execution of the act, or in the means employed to
accomplish it, shall serve to aggravate or mitigate
the liability of those persons only who had
knowledge of them at the time of the execution of
the act or their cooperation therein.
5. Habitual delinquency shall have the following
effects: (A person shall be deemed a habitual
delinquent if within a period of ten years from the
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date of his release or last conviction of the crimes


of serious or less serious physical injuries, robo,
hurto, estafa, or falsification, he is found guilty of
any of said crimes a third time or oftener.)
(a) Upon a third conviction the culprit shall
be sentenced to the penalty provided by law for
the last crime of which he be found guilty and to
the additional penalty of prision correccional in its
medium and maximum periods;
(b) Upon a fourth conviction, the culprit shall be
sentenced to the penalty provided for the last
crime of which he be found guilty and to the
additional penalty of prision mayor in its
minimum and medium periods; and
(c) Upon a fifth or additional conviction, the culprit
shall be sentenced to the penalty provided for the
last crime of which he be found guilty and to the
additional penalty of prision mayor in its
maximum period to reclusion temporal in its
minimum period.
Notwithstanding the provisions of this article, the
total of the two penalties to be imposed upon the
offender, in conformity herewith, shall in no case
exceed 30 years.
For the purpose of this article, a person shall be
deemed to be habitual delinquent, is within a
period of ten years from the date of his release or
last conviction of the crimes of serious or less
serious physical injuries, robo, hurto, estafa or
falsification, he is found guilty of any of said
crimes a third time or oftener.
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Rules applying the existence of Aggravating & Mitigating


Circumstances
Art 63. Indivisible Art 64. Divisible penalty
penalty
Only one indivisible
penalty – it shall be
applied regardless of any
mitigating & aggravating
circumstances.
In case of two indivisible 1. Neither mitigating nor
penalties the following aggravating –medium period.
rules shall be observed: 2. Only mitigating – minimum
1.one aggravating – the period.
greater penalty shall be 3. Only aggravating –
applied. maximum period.
2. Neither aggravating 4. Both mitigating and
nor mitigating – the aggravating – reasonable
lesser penalty shall be offsetting.
applied. 5. two or more mitigating
3. Some mitigating and circumstances – penalty next
no aggravating – the lower .
lesser penalty shall be 6. Whatever nature of the
applied. aggravating – the court shall
4. Both aggravating and not impose a greater penalty
mitigating are present – than that prescribed by law,
offset one another in in its maximum period
consideration of their
number.

(Art. 70) Rule on successive service of sentence


When the culprit has to serve two or more
penalties, he shall serve them simultaneously if the nature
of the penalties will permit so, otherwise the order of their
respective severity shall be followed so that they maybe
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executed successively or as nearly as may be possible,


should a pardon have been granted as to the penalty first
imposed or should they have been carried out
The three fold rule in the service of sentence
According to this rule, the maximum duration of
the convict’s sentence shall not be more than threefold
the length of time corresponding to the most severe of the
penalties imposed upon him. No other penalty to which he
may be held liable shall be inflicted after the sum of those
imposed equals the said maximum period.
Such maximum period shall in no case exceed forty
years.
(Art. 77) Complex penalty
It is a penalty prescribed by law composed of three
distinct penalties, each forming a period, the lightest of
them shall be the minimum, the next the medium, and the
most severe the maximum period.( ex. Reclusion Temporal
to Death)

Chapter five
Execution & Service of Penalties
Art 78- 88.
(Art 79). When the convict shall become insane or
an imbecile after final sentence has been pronounced, the
execution of said sentence shall be suspended only with
regard to the personal penalty XXXX.
Art 80. Suspension of Sentence of minor
delinquents ( amended by R.A. 9344).
Articles 81-85 are provisions that have something
to do with the death penalty. These provisions have no
longer any relevance except for academic purposes by
reason of the enactment of RA 9346-An Act Prohibiting
the Imposition of the Death Penalty.
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The concept of the penalty of destierro.


Any person sentenced to destierro shall not be
permitted to enter the places designated in the sentence,
nor within the radius therein specified, which shall not be
more than 250 and not less than 25 kilometers from the
place designated. If he does he may be held liable for
Evasion of service of sentence under article 157 RPC.
DESTIERRO IS IMPOSED IN THE FOLLOWING:
1. Death or Serious Physical injuries inflicted under
exceptional circumstances;
2. When a person fails to give a bond for good
behavior (Art. 284);
3. Penalty for concubine in concubinage (Art. 334);
Art. 88. Arresto menor. — The penalty of arresto
menor shall be served in the municipal jail, or in the house
of the defendant himself under the surveillance of an
officer of the law, when the court so provides in its
decision, taking into consideration the health of the
offender and other reasons which may seem satisfactory
to it.
There must be a court statement that the accused
serve the sentence in his house. The grounds could be for
health reasons, and others (humanitarian)
MODES OF TOTAL EXTINCTION OF CRIMINAL LIABILITY
(Art. 89) (DSAAPPM)
1. By the death of the convict, as to the personal
penalties; as to pecuniary liabilities, it is
extinguished only when the death of the offender
occurs before final judgment.
2. By service of sentence;
3. By amnesty-an act of the sovereign power granting
oblivion or a general pardon for past offense, and is
rarely exercised in favor of a single individual, and
is usually exerted in behalf of certain classes of
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persons who are subject to trail but not yet


convicted.
4. By absolute pardon
5. Prescription of crime- the forfeiture or the loss of
the right of the state to prosecute the offender
after the lapse of a certain time.
6. Prescription of Penalty- the loss or forfeiture of the
right of the Government to execute the final
sentence after the lapse of a certain time.
7. Marriage of the offended party under Article 344
RPC
AMNESTY vs PARDON
AMNESTY PARDON
Made by the President with Made by the
the concurrence of Congress President alone
Usually extended to political Extended to any type
crimes of crime
May be extended even before May be given only
conviction or before trial after final conviction
Looks backward Looks forward
Art 90. PRESCRIPTION OF CRIMES
PENALTY PRESCRIBES IN..
1. death, reclusion perpetua 20 years
and reclusion temporal
2. other afflictive penalties 15 years
(prision mayor and DQ.)
3. punishable by correctional 10 years
penalty (prision correctional,
suspension, destierro)
4. arresto mayor 5 years
5. libel 1 year
6. oral defamation and slander 6 months
by deed
7. other light offenses 2 months
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Art. 91. Computation of prescription of offenses.


— The period of prescription shall commence to run from
the day on which the crime is discovered by the offended
party, the authorities, or their agents, and shall be
interrupted by the filing of the complaint or information,
and shall commence to run again when such proceedings
terminate without the accused being convicted or
acquitted, or are unjustifiably stopped for any reason not
imputable to him.
The term of prescription shall not run when the offender is
absent from the Philippine Archipelago.
* The period of prescription shall commence to run from
the day on which the crime is discovered by the offended
party, the authorities, or their agents, and shall be
interrupted by the filing of the complaint or information,
and shall commence to run again when such proceedings
terminate without the accused being convicted or
acquitted, or are unjustifiably stopped for any reason not
imputable to him. It shall not run when the offender is
absent from the Philippines (Art.91)

Art 92. PRESCRIPTION OF PENALTIES


PENALTY PRESCRIBES IN
Death and reclusion 20 years
Perpetua
Other afflictive penalties 15 years
Correctional penalties 10 years
Arresto Mayor 5 years
Light penalties 1 year

* Prescription of penalties shall commence to run from


the date when the culprit should evade the service of his
sentence, and it shall be interrupted if the defendant
should give himself up, be captured, should go to some
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foreign country with which the government has no


extradition treaty, or should commit another crime before
the expiration of the period of prescription (Art.93)

Art 94. MODES OF PARTIAL EXTINCTION OF


CRIMINAL LIABILITY
1. By conditional pardon- a contract between the
president and the convict the former will release
the latter upon compliance with certain conditions.
2. By commutation of sentence- it is the reduction of
the period of imprisonment of the offender or the
amount of the fine.
3. For good conduct time allowance- are deductions
from the term of the sentence for good behavior of
the convicted prisoner.
4. Parole- consists of the suspension of the sentence
of a convict after serving the minimum term of the
indeterminate penalty.

Art 97. Good conduct time allowance


Granted by the Director of Prisons.
Years of good behavior Allowance earned
1-2 years 5 days per month
3-5 years 8 days per month
6-10 years 10 days per month
11 up years 15 days per month
Art 98. Special allowance for loyalty
It is a deduction of 1/5 of the period of sentence to
any prisoner who, having evaded the service of his
sentence under the circumstances in art. 158 RPC, gives
himself up to the authority within 48 hours following the
issuance of a proclamation announcing the passing away
of the calamity.
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Art. 100. Civil liability of a person guilty of felony.


— Every person criminally liable for a felony is also civilly
liable.
Art. 102. Subsidiary civil liability of innkeepers,
tavern keepers and proprietors of establishments- In
default of persons criminally liable, innkeepers, tavern
keepers, and any other persons or corporations shall be
civilly liable for crimes committed in their establishments,
in cases where a violation of municipal ordinances or some
general or special police regulations shall have been
committed by them or their employees.
Innkeepers are also subsidiary liable for the
restitution of goods taken by robbery or theft within their
houses from guests lodging therein, or for the payment of
the value thereof, provided that such guests shall have
notified in advance the innkeepers himself, or the person
representing him, of the deposit of such goods within the
inn, and shall furthermore have followed the directions
which such innkeepers or his representative may have
given them with respect to the care and vigilance over
such goods. No liability shall attach in case of robbery with
violence against or intimidation of persons unless
committed by the innkeepers’ employees.
Art. 103. Subsidiary civil liability of other persons-
The subsidiary liability established in the next preceding
article shall also apply to employers, teachers, persons,
and corporations engaged in any kind of industry for
felonies committed by their servants, pupils, workmen,
apprentices, or employees in the discharge of their duties.
Art. 104. What is included in civil liability-
1. Restitution
2. Reparation of damage caused
3. Indemnification of consequential damage
Art. 105. Restitution how made- (Restoration of
the thing itself)
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Art. 106. Reparation- The court shall determine the


amount of damage, taking into consideration the price of
the thing, and its special sentimental value to the injured
party.
Art. 107. Indemnification- Indemnification of
consequential damages shall include not only those caused
the injured party, but also those suffered by his family or
by third person by reason of the crime.
Modes of Extinction of Civil Liability- Civil liability is
extinguished in the same manner as other obligations, in
accordance with the provisions of the Civil Code namely:
1. Payment or performance
2. Loss of the thing due
3. Condonation or remission of the debt
4. Confusion or merger of the rights of creditor and
debtor
5. Compensation
6. Novation and others (See Art. 1231 Civil Code).
Art. 108. Obligation to make restoration,
reparation for damages, or indemnification for
consequential damages and actions to demand the same;
Upon whom it devolves. — The obligation to make
restoration or reparation for damages and indemnification
for consequential damages devolves upon the heirs of the
person liable.
The action to demand restoration, reparation, and
indemnification likewise descends to the heirs of the
person injured.
Art. 109. Share of each person civilly liable. — If
there are two or more persons civilly liable for a felony,
the courts shall determine the amount for which each
must respond.
Art. 110. Several and subsidiary liability of
principals, accomplices and accessories of a felony;
Preference in payment. — Notwithstanding the provisions
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of the next preceding article, the principals, accomplices,


and accessories, each within their respective class, shall be
liable severally (in solidum) among themselves for their
quotas, and subsidiaries for those of the other persons
liable.
The subsidiary liability shall be enforced, first against the
property of the principals; next, against that of the
accomplices, and, lastly, against that of the accessories.
Whenever the liability in solidum or the subsidiary liability
has been enforced, the person by whom payment has
been made shall have a right of action against the others
for the amount of their respective shares.
Art. 111. Obligation to make restitution in certain
cases. — Any person who has participated gratuitously in
the proceeds of a felony shall be bound to make
restitution in an amount equivalent to the extent of such
participation.

Chapter Three
EXTINCTION AND SURVIVAL OF CIVIL LIABILITY
Art. 112. Extinction of civil liability. — Civil
liability established in Articles 100, 101, 102, and 103 of
this Code shall be extinguished in the same manner as
obligations, in accordance with the provisions of the Civil
Law.
Art. 113. Obligation to satisfy civil liability. —
Except in case of extinction of his civil liability as provided
in the next preceding article the offender shall continue to
be obliged to satisfy the civil liability resulting from the
crime committed by him, notwithstanding the fact that he
has served his sentence consisting of deprivation of liberty
or other rights, or has not been required to serve the same
by reason of amnesty, pardon, commutation of sentence
or any other reason.
Book 2 –Articles 114 to 367.
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TITLE 1 Crimes Against the Against National Security


and Laws of Nations
TITLE 2 Crimes Against The Fundamental Laws of the
State
TITLE 3 Crimes Against Public Order
TITLE 4 Crimes Against Public Interest
TITLE 5 Crimes Relative To Opium and Prohibited
Drugs
TITLE 6 Crimes Against Public Morals
TITLE 7 Crimes Committed By Public Officers
TITLE 8 Crimes Against Persons
TITLE 9 Crimes Against Personal Liberty and Security
TITLE 10 Crimes Against Property
TITLE 11 Crimes Against Chastity
TITLE 12 Crimes Against Civil Status of Persons
TITLE 13 Crimes Against Honor
TITLE 14 Quasi Offenses
TITLE 15 Final Provisions

BOOK-2 Revised Penal Code (Act 3815)


Art 114 – Art 367
DR. ARIEL C. MANLUSOC
I. Outline of Book Two
TITLE 1 (Art 114 to Art 123) Crimes Against the Against
National Security and Laws of Nations
Chapter One –Crimes Against National Security and the
Law of Nations
Section One: Treason, conspiracy and proposal to
commit treason, misprision of treason, Espionage;
Section Two: Inciting to war or giving motives for
reprisals, violation of neutrality, correspondence
with hostile country, flight to enemy’s country;
Section Three: Piracy and, mutiny in the high seas
and Qualified Piracy
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TITLE 2 (Art 124 to Art. 133) Crimes against the


Fundamental Laws of the State
Chapter One ---
Section One: Arbitrary detention and Expulsion
(Art. 124. Arbitrary Detention, Art 125. Delay in the
delivery of arrested person to the proper
judicial authorities, Art 126 delaying Release, and
Art 127 Expulsion.
Section Two: Violation of Domicile (Art 128.
Violation of Domicile, Art 129 Search warrants
maliciously obtained, and abuse in the
service of those legally obtained, Art 130.
Searching domicile without witness)
Section Three: Art 131. Prohibition, interruption,
and dissolution of peaceful meetings.
Section Four: Crimes against religious worship (Art
132. Interruption of religious worship, and Art 133.
Offending religious feelings).
TITLE 3 (Art 134 to Art 160) Crimes against Public Order
Chapter One – Rebellion, Coupd’etat, Sedition, and
Disloyalty.
(Art 134 Rebellion or insurrection , Art 134-A .Coup
d’etat, Art 135. Penalty for rebellion, insurrection
or coupd’etat, Art 136 Conspiracy and proposal to
commit coupd’etat, rebellion or insurrection, Art
137. Disloyalty of public officers or employees, Ar
t. 138. Inciting to rebellion or insurrection, Art 139
Sedition, Art 140. Penalty for sedition, Art 141.
Conspiracy to commit sedition, Art 142. Inciting to
sedition.
Chapter Two –Crimes Against Popular Representation
Section One: Crimes against legislative bodies and
similar bodies. (Art. 143. Acts tending to prevent
the meeting of the Assembly and similar bodies,
Art 144. Disturbance of proceedings
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Section Two : Art 145. Violation of Parliamentary


immunity
Chapter three – Illegal Assemblies and Associations
(Art. 146. Illegal assemblies, Art 157. Illegal
associations)
Chapter Four ---, Assault upon, and Resistance and
disobedience to, Persons in Authority and their agents,
Art . 148 . Direct Assault, Art 149 Indirect Assault,
Art 150. Disobedience to summons issued by the
National Assembly, its committees or
subcommittees, by the Constitutional
Commissions, its committees, subcommittees or
divisions, Art 151. Resistance and disobedience to
a person in authority or the agents of such person,
Art 152. Person in authority and agents of persons
in authority –Who shall be deemed as such.
Chapter Five: Public Disorders (Art. 153. Tumults and
other disturbances of public order---tumultuous
disturbance or interruption liable to cause
disturbance, Art 154. Unlawful use of means of publication
and unlawful utterances, Art 155. Alarms and
Scandals, and Art 156. Delivering prisoners from jail.
Chapter Six: Evasion of Service of Sentence
Art 157. Evasion of service of sentence, Art 158.
Evasion of service of sentence on the occasion of
disorders, conflagrations, earthquakes, or other
calamities, Art 159 Other cases of evasion of
service of sentence.
Chapter Seven: --Commission of Another Crime during
service of penalty imposed for another previous offense.
(Art 160. Commission of another crime during the
service of penalty imposed for another previous
offense—Penalty.
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TITLE 4 (Art 161 to Art 189) Crimes against Public Interest


Chapter One: Forgeries
Section One: Forging the seal of the Government
of the Philippine Islands, the signature or stamp of
the Chief Executive. (Art. 161. Counterfeiting the
great seal of the Government of the Philippine
Islands, forging the signature of stamp of the Chief
Executive., Art 162. Using forged signature or
counterfeit seal or stamp.
Section Two: --Counterfeiting coins. (Art 163.
Making and importing and uttering false coins, Art
164. Mutilation of coins – Importation and
utterance of mutilated coins, Art 165. Selling of
false or mutilated coin, without connivance).
Section Three: Forging treasury or bank notes or
obligations and securities; importing and uttering
false or forged notes, obligations and securities.
(Art 166. Forging treasury or bank notes or
other documents payable to bearer; importing, and
uttering such false or forged notes and documents,
Art 167. Counterfeiting, importing, uttering
instruments not payable to bearer, Art 168. Illegal
possession and use of false treasury or bank notes
and other instruments of credit, Art 169. How
forgery is committed).
Section four – Falsification of legislative, public,
commercial, and private documents, and wireless,
telegraph, and telephone messages.
(Art 170. Falsification of legislative documents, Art
171. Falsification by public officer, employee or
notary or ecclesiastical minister, Art 172.
Falsification by private individuals and use of
falsified documents, Art 173. Falsification of
wireless, cable, telegraph, and telephone
messages, and use of said falsified messages).
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Section Five – Falsification of medical certificates,


certificates of merit or service, and the like….
(Art 174. False medical certificates, false
certificates of merit or service, etc., Art 175. Using
false certificates).
Chapter Two: Other Falsities
Section One – Usurpation of authority, rank, title
and improper use of names, uniforms, and insignia.
(Art. 177. Usurpation of authority or official
functions, Art 178. Using fictitious name and
concealing true name, Art 179. Illegal use of
uniforms or insignia).
Section Two – False Testimony
(Art. 180. False Testimony against a defendant, Art
181. False testimony favorable to the defendant,
Art 182. False testimony in civil cases, Art 183.
False Testimony in other cases and perjury in
solemn affirmation, and Offering false testimony in
evidence).

Chapter Three –Frauds


Section One: Machinations, monopolies, and
combinations.
(Art 185. Machinations in public auctions,
Art 186. Monopolies and combinations in restraint of
trade).
Section Two: Frauds in commerce and industry.
(Art 187. Importation and disposition of
falsely marked articles or merchandise made of
gold, silver or other precious metals or their alloys,
Art 188. Substituting and altering trademarks,
tradenames, or service marks, Art 189. Unfair
competition, fraudulent registration of trademark,
tradename, or service mark, fraudulent designation
of origin, and false description).
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TITLE 5 Art 190 to Art 194) Crimes Relative To Opium and


Prohibited Drugs (Repealed by R.A. 6425, known as
Dangerous Drug Act of 1972”, which took effect on March
30, 1972 (Sec 42), as amended by P.D. 1683, further
amended by R.A. 7659 and further amended by R.A.
9165, known as Comprehensive Dangerous Drug Act of
2002).

TITLE 6 Art 195 to Art 202) Crimes Against Public Morals


Chapter One – Gambling and Betting
(Art 195. What acts are punishable in gambling, Art
196. Importation, sale and possession of lottery
tickets or advertisements, Art 197. Betting in sports
contests, Art 198. Illegal betting on horse races,
and Art 199. Illegal cockfighting)
Chapter Two – Offenses Against Decency and Good
Customs.
(Art 200. Grave Scandal, Art 201. Immoral
doctrines, obscene publications and exhibitions
and indecent show and Art 202. Vagrants and
prostitutes)

TITLE 7 (Art 203 to Art 245) Crimes Committed By Public


Officers
Chapter one – Preliminary Provisions
(Art 203. Who are public officers)
Chapter Two -- Malfeasance and Misfeasance in Office
Section One: Dereliction of duty
(Art. 205. Knowingly rendering unjust judgment,
Art 205. Judgment rendered through negligence,
Art 206. Unjust interlocutory order, Art 207.
Malicious delay in the administration of justice, Art
208. Prosecution of offenses; negligence and
tolerance, Art 209. Betrayal of trust by an attorney
or solicitor – revelation of secrets).
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Section Two: Bribery


(Art 210. Direct Bribery,Art 211, Indirect Bribery,
Art 211-A Qualified Bribery, and 212 Corruption of
public officials)
Chapter Three: -- Frauds and Illegal Exactions and
Transactions
(Art 213. Frauds against the public treasury and
similar offenses, Art 214 Other Frauds, Art 215
Prohibited Transactions, Art 216 Possession of
prohibited interest by a public officer).
Chapter Four: --Malversation of Public Funds or Property.
(Art. 217 Malversation of public funds or property –
presumption of malversation, Art 218. Failure of
accountable officer to render accounts, Art 219.
Failure of a responsible public officer to render
accounts before leaving the country, Art 220. Illegal
use of public funds or property, Art 221. Failure to
make delivery of public funds or property, Art 222.
Officers included in the proceeding provisions.
Chapter Five :-- Infidelity of Public Officers
Section One – Infidelity in the custody of prisoners
(Art 223. Conniving with or consenting to evasion,
Art 224. Evasion through negligence, Art 225.
Escape of prisoner under the custody of a person
not a public officer).
Section Two – Infidelity in the custody of
documents (Art 226. Removal, concealment or
destruction of documents, Art 227, Officer breaking
seal, Art 228. Opening of closed documents).
Section Three – Revelation of secrets. (Art 229.
Revelation of secrets by an officer, Art 230. Public
officer revealing secrets of private individual).
Chapter Six : -- Other Offenses or Irregularities by Public
Officers
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Section One: --Disobedience, refusal or assistance,


and maltreatment of prisoners (Art 231 Open
Disobedience, Art 232. Disobedience to order of
superior officer, when said order was suspended by
inferior officer, Art 233. Refusal of assistance, Art
234. Refusal to discharge elective office, Art 235.
Maltreatment of prisoners
Section Two: - Anticipation, prolongation, and
abandonment of the duties and power of public
office (Art 236. Anticipation of duties of a public
office, Art 237. Prolonging performance of duties
and powers, Art 238. Abandonment of office or
position).
Section Three: -- Usurpation of powers and
unlawful appointments. (Art 239. Usurpation of
legislative powers, Art 240. Usurpation of
executive functions( Art 241. Usurpation of judicial
functions, Art 242. Disobeying request for
disqualification, Art 243. Orders or requests by
Executive officers to any judicial authority, Art 244.
Unlawful appointments).
Section Four: -- Abuses against chastity (Art 245.
Abuses against chastity – penalties).

TITLE 8 (Art 246 to Art 266-D) Crimes Against Persons


Chapter One: --Destruction of Life
Section One --Parricide,Murder homicide
(Art 246 Parricide, Art 247. Death or physical
injuries inflicted under exceptional circumstances,
Art 248 Murder,Art 249. Homicide, Art 250.
Penalties for frustrated parricide, murder or
homicide, Art 251. Death caused in a tumultuous
affray, Art 252. Physical injuries inflicted in a
tumultuous affray, Art 253 Giving assistance to
suicide, Art 254.Discharge of Firearms).
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Section two : --Infanticide and Abortion


( Art 255 Infanticide, Art 256 Intentional abortion,
Art 257. Unintentional abortion, Art 258. Abortion
practiced by the woman herself or by her parents,
Art 259. Abortion practiced by a physician or
midwife and dispensing of abortives.
Section Three: -- Duel
(Art 260. Responsibility of participants in a duel, Art
261. Challenging to a duel.
Chapter Two: -- Physical Injuries
(Art. 262. Mutilation, Art 263. Serious physical
injuries, Art 264. Administering injurious
substances or beverages, Art 265. Less serious
physical injuries, Art 266. Slight physical injuries
and maltreatment.
Chapter three: -- Rape.
(Art 266-A Rape, When and How committed, Art
266-B. Penlaties, Art 266-C. Effect of Pardon, Art.
266-D Presumptions).

TITLE 9 (Art 267 to Art 292) Crimes Against Personal


Liberty and Security
Chapter one ---Crimes Against Liberty –
Section One ---Illegal Detention ( Art 267.
Kidnapping and serious illegal detention, Art
268.Slight illegal detention, Art 269. Unlawful
Arrest).
Section Two --- Kidnapping of minors (Art 270.
Kidnapping and failure to return a minor, Art 271.
Inducing a minor to abandon his home.
Section Three --- Slavery and Servitude (Art 272.
Slavery, Art 273 Exploitation of child labor, Art
274. Services rendered under compulsion in
payment of debt).
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Chapter Two---Crimes Against Security


Section One –Abandonment of helpless person
and exploitation of minors (Art 275. Abandonment
of persons in danger and abandonment of one’s
own victim, Art 276. Abandoning a minor, Art 277.
Abandonment of minor by person entrusted with
his custody; indifference of parents, Art 278.
Exploitation of minors, Art 279. Additional
penalties for other offenses
Section Two:-- Trespass to Dwelling (Art 280.
Qualified trespass to dwelling, Art 281 Other forms
of trespass).
Section Three --- Threats and Coercions (Art 282
Grave threats, Art 283. Light threats, Art 284. Bond
for good behavior, Art 285. Other light threats, Art
286. Grave coercions, Art 287. Light coercions, Art
288. Other similar coercions – Compulsory
purchase of merchandise and payment of wages by
means of tokens, Art 289. Formation, maintenance,
and prohibition of combination of capital or labor
through violence or threats).
Chapter Three -- Discovery and Revelation of Secrets (Art
290. Discovering secrets through seizure of
correspondence, Art 291. Revealign secrets with
abuse of office, Art 292. Revelation of industrial secrets.

TITLE 10 (Art 293 to Art 332) Crimes Against Property


(Robbery, Brigandage, Theft, Usurpation, Culpable
Insolvency, Swindling and other deceit, Chattel Mortgage,
Arson and other crimes involving destruction, Malicious
Mischief, Exemption form criminal liability in Crimes
Against Property)
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TITLE 11 (Art 333 to Art 346) Crimes Against Chastity


(Adultery and Concubinage, Rape and Acts of
Lasciviousness, Seduction, Corruption of minors and White
Slave Trade, Abduction)
TITLE 12 (Art 347 to Art 352) Crimes Against Civil Status of
Person
( Simulation of Births and Usurpation of Civil Status, Illegal
Marriages)
TITLE 13 ( Art 353 to Art 364) Crimes Against Honor
(Libel, Slander, Incriminatory Machinations– incriminating
innocent persons, and Intriguing against Honor)
TITLE 14 (Art 365 ) Quasi Offenses
TITLE 15 (Art 366 to Art 367) Final Provisions

Title One- Crimes Against National Security and


The law of Nations

Chapter 1 – Crimes Against National Security


Section 1 – Treason and Espionage
Art. 114 – Treason (Breach of allegiance to a
government, committed by a person who owes allegiance
to it.)
Elements:
1. Committed by Filipino citizen and resident alien.
2. That there is war in which the Phils. Is involved.
3. That the offender either: (a) levies war against the
Government, or (b) adheres to the enemies, giving
them aid and comfort.
Ways of Proving: (a) Testimony of two witnesses, at least
to the same overt act (b) Confession of the accused in
open court (Sec. 4, Rule 133 of the R.C.)
Cruelty and Ignominy are aggravating circumstances in
treason.
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Evident premeditation and used of superior strength are


inherent.
Murder and physical injuries are also inherent in treason
does it cannot be filed separately nor involved a condition
of complex crime.
Commission of other common crimes are absorbed in the
crime of treason.
Art 115 – Conspiracy and proposal to commit
treason. (Prison Mayor and fine not exceeding 10,000 and
by prision correctional and a fine not exceeding 5,000
pesos.
Art 116 – Misprision of Treason (committed by
Filipino citizen only, who did not disclose information
concerning knowledge of any conspiracy to commit
treason)
Art 117 – Espionage (an offense of gathering,
transmitting or losing information respecting the national
defense with intent or reason to believe that the it will be
used to the injury of the R.P. or to the advantage of any
foreign country.)
= committed by any person or public officer.
Penalty = Prision Correctional. For Public officer it will be
the penalty next higher in degree.
How committed:
(1) By entering, without authority, a warship, fort
or naval or military establishment or reservation to obtain
any information, plans, photographs or other data of a
confidential nature relative to the defense of the Rep. of
the Phils.
(2) By disclosing to the representative of a foreign
nation the contents of the article, data or information
relative to the defense of the R.P. by reason of the public
office he holds.
Commonwealth Act No. 616 –An act to punish Espionage
and other Offenses Against National Security.
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Section two – Provoking War and Disloyalty in case of


War.
Art 118 – Inciting to war or giving motives for
reprisals.
Elements: (1) committed by any person; (2) who
performs any unlawful or unauthorized act which would
either (a) provoke or give occasion for a war involving or
liable to involve the Phils. Or (b) expose Filipino citizens to
reprisals on their persons or property.
= committed in time of peace.
Art 119 – Violation of Neutrality
Elements: (1) there is a war in which the Phils. Is
involved; (2) There is a regulation issued by competent
authority for the purpose of enforcing neutrality; (3) that
the offender violates such regulation.
Neutrality, defined- a nation which does not take
part in the contest of arms (war) among other nations is
practicing neutrality.
Art 120 – Correspondence with hostile country.
Elements: (1)There is war in which the Phils is
involved; (2) the offender makes a correspondence with
an enemy country or territory occupied by enemy troops;
(3) That the correspondence is either: (a) Prohibited by the
Government (P. Correctional); (b) carried in ciphers or
conventional signs (P. Mayor); and (c) Containing notice or
information w/c might be useful to the enemy --- this is
qualifying circumstances ( Rec. Temporal).
Art 121 – Flight to enemy’s country.
Elements: (1) (same); (2) the offender owes allegiance to
the Gov’t (3) He attempts to flee to enemy country; (4)
that going to enemy country is prohibited by competent
authority. (Arresto mayor)
Section three – Piracy and Mutiny on the
highseas.
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Art 122 – Piracy in General and mutiny in the high


seas or in Philippine waters
Two ways of committing piracy
1. By attacking or seizing a vessel on the high seas
or in Phil. Waters;
2. By seizing the vessel while on the high seas or in
Phil. waters the whole or part of its cargo, its equipment
or personal belongings of its complement or passengers.
Elements: (1) the vessel is in the high seas or
Phil.waters; (2) the offender is not a member of its
complement or passengers of the vessel; (3) that the
offenders: (a) attack or seize the vessel or (b) seize the
whole of part of the cargo of said vessel, its equipment or
personal belonging of its compliment or passengers.
Piracy = forcible depredation on the high seas,
without lawful authority and done with animo furandi and
in the spirit and intention of universal hostility (people s.
Lol-lo, et.,al., 43 Phil. 19)
Mutiny = is the unlawful resistance to a superior
officer, or the raising of commotions and disturbances on
board a ship against the authority of its commander.
High seas - parts of the seas that are not included
in the exclusive economic zone, territorial sea, or in the
internal waters of the state, or archipelagic waters of an
archipelagic state.

Piracy under Art 122 Piracy under PD. 532


1. The offender is not a 1. The offender can be any
passenger not a member of person. (even passenger )
the crew ship. (outsider) 2. Piracy here can be
2. The vessel is in the high committed in Phil. Water.
seas when piracy is
committed.
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Art 123. Qualified Piracy


How Committed:
(1) Whenever they have seized the vessel by boarding or
firing upon the same.
(2) Whenever the pirates have abandoned their victims
without means of saving themselves; or
(3) Whenever the crime is accompanied by murder,
homicide, physical injuries, or rape. (As amended by R.A.
No. 7659) (This is an example of Special Complex Crime)

PRESIDENTIAL DECREE No. 532


ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY LAW OF
1974
Section 1. Title. This Decree shall be known as the Anti-
Piracy and Anti-Highway Robbery Law of 1974.
REPUBLIC ACT NO. 6235 - AN ACT PROHIBITING CERTAIN
ACTS INIMICAL TO CIVIL AVIATION, AND FOR OTHER
PURPOSES
Title Two – Crimes Against the Fundamental law of the
state
Chapter 1 –
Section 1 – Arbitrary Detention and Expulsion
Classes of Arbitrary Detention (Art 124 – 126)
Art 124 – Arbitrary Detention
Elements: (1) the offender is a public officer or
employee; (2) he detains a person; (3) the detention is
without legal grounds.
Legal grounds for detention: (a) Commission of crimes and
(b) Violent insanity or other ailment requiring compulsory
confinement of the patient in a hospital. (Art 124, Par. 2)
Art 125 – Delay in the delivery of arrested person
to the proper judicial authorities.
Elements: (1) That the offender is a public officer or
employee;(2) That he detained a person for some legal
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grounds; (3) That he fails to deliver such person to the


proper judicial authorities within:
a. Twelve (12) hours – for crimes punishable by
light penalties.
b. Eighteen (18) hours – for crimes punishable by
correctional penalties or their equivalent.
c. Thirty-six (36) – for crimes or offenses
punishable by afflictive or capital offenses, or their
equivalent.
If committed by private person the crime would be either
(Art 267 or 268) Illegal detention (Serious or Slight).
Art 126 – Delaying Release
How committed:
1. By delaying the performance of a judicial or
executive order for the release of a prisoner.
2. By unduly delaying the service of the notice of such
order to said prisoner.
3. By unduly delaying the proceedings upon any
petition for the liberation of such person
Elements of Delaying Release
1. The offender is a public officer or employee;
2. That there is judicial or executive order for the
release of a prisoner or detention prisoner, or that there is
a proceeding upon a petition for the liberation of such
person.
3.That the offender without good reasons delays:
(a) the service of the notice of such order to the prisoner,
(b) the performance of such judicial or executive order for
the release of the prisoner, or (3) the proceedings upon a
petition for the release of such person.
Art 127 – Expulsion
How committed:
1. By expelling a person from the Philippines.
2. By compelling a person to change his residence.
Elements:
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1. That the offender is a public officer or employee.


2. That he expels any person from the Phils., or
compels a person to change his residence.
3. That the offender is not authorized to do so by law.
Section 2 – Violation of Domicile
Kinds of Violation of Domicile
1. Violation of Domicile (Art 128)
2. Search warrant maliciously obtained and
abuses in the service those legally obtained (art
129).
3. Searching domicile without witnesses (Art 130)
Art 128 – Violation of Domicile
Acts Punishable under Art 128:
1. Enter any dwelling against the will of the owner thereof;
2. Search any papers or other effects found therein
without the previous consent of the owner; or
3. Refuse to leave the premises, after having
surreptitiously entered said dwelling and after having been
required to leave the premises.
Art 129 – Search warrants maliciously obtained,
and abuse in the service of those legally obtained.procure
a search warrant without just cause; or exceed his
authority or by using unnecessary severity in executing a
search warrant legally procured.
A search warrant is procured without just cause
when the applicant had every reason to believe that the
search warrant sought for was unjustified.
Search warrant = is an order in writing issued in
the name of the People of the Phils, signed by the judge
and directed to the peace officer, commanding him to
search for personal property described therein and bring it
before the court (Sec. 1, Rule 126, RRCP).
Personal property to be seized:
a. Subject of the offense;
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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. 3, Rule 126)
Validity: 1o days from its date. (Sec 10, Rule 126)
Right to break door or to effect search.
(Sec. 7, Rule 126)
Witness/es: (1) lawful occupants, (2) any member of his
family, or (3) two witnesses of sufficient age and discretion
residing in the same locality (Sec8, Rule 126)
Must issued/gave a detailed receipt to the same.
Art 130. Searching Domicile without witnesses.
=in the absence of the latter, any member of his
family, or in their default, without the presence of two
witnesses residing in the same locality
Section 3 – Prohibition, interruption and dissolution of
peaceful meetings.
Art 131 – Prohibition, interruption and dissolution
of peaceful meetings.
Prohibit or interrupt the holding of a peaceful
meeting;
dissolve a peaceful meeting; hinder any person from
joining any lawful association; hinder any person from
attending any of its lawful meetings; prohibit or hinder any
person from addressing alone or otherwise, any petition to
the authorities for the correction of abuses or redress of
grievances.
Section 3 – Prohibition, interruption and dissolution of
peaceful meetings.
Art 131 – Prohibition, interruption and dissolution
of peaceful meetings.
Section 4 – Crimes against religious worship
Art 132 – Interruption of religious worship.
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=any public officer or employee who shall prevent


or disturb the ceremonies or manifestations of any
religion.
Art 133 – Offending the religious feelings.
= anyone who, in a place devoted to religious
worship or during the celebration of any religious
ceremony shall perform acts notoriously offensive to the
feelings of the faithful.
Art 131 – Prohibition, interruption and dissolution
of peaceful meetings.
Art 132 – Interruption of religious worship.
Note: Art. 131 and 132 once committed by private person
or a public officer who is a participants in the said meeting
who disturbs or interrupt the same will fall on the
provisions of Art 153.-Tumults and other disturbance of
public order.
REPUBLIC ACT NO. 9372
AN ACT TO SECURE THE STATE AND PROTECT OUR
PEOPLE FROM TERRORISM
SECTION 1. Short Title. “ This Act shall henceforth be
known as the Human Security Act of 2007”.
TERRORISM, defined. “Any person who commits an
act punishable under any of the following provisions of the
Revised Penal Code:
1. Article 122 (Piracy in General and Mutiny in the High
Seas or in the Philippine Waters);
2. Article 134 (Rebellion or Insurrection);
3. Article 134-a (Coup de etat), including acts committed
by private persons;
4. Article 248 (Murder);
5. Article 267 (Kidnapping and Serious Illegal Detention);
6. Article 324 (Crimes Involving Destruction,
or under
1. Presidential Decree No. 1613 (The Law on Arson);
2. Republic Act No. 6969 (Toxic Substances and Hazardous
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and Nuclear Waste Control Act of 1990);


3. Republic Act No. 5207, (Atomic Energy Regulatory and
Liability Act of 1968);
4. Republic Act No. 6235 (Anti-Hijacking Law);
5. Presidential Decree No. 532 (Anti-piracy and Anti-
highway Robbery Law of 1974); and,
6. Presidential Decree No. 1866, as amended (Decree
Codifying the Laws on Illegal and Unlawful Possession,
Manufacture, Dealing in, Acquisition or Disposition of
Firearms, Ammunitions or Explosives)
Period for detention = 3 days

RA 9745
AN ACT PENALIZING THE COMMISSION OF ACTS OF
TORTURE AND OTHER CRUEL , INHUMAN AND
DEGRADING TREATMENT OR PUNISHMENT, PRESCRIBING
PENALTIES THEREFOR AND FOR OTHER PURPOSES
SECTION 1. Short Title. – This Act shall be known as the
“Anti-Torture Act of 2009”.
(a) “Torture” refers to an act by which severe pain or
suffering, whether physical or mental, is intentionally
inflicted on a person for such purposes as obtaining from
him/her or a third person information or a confession;
punishing him/her for an act he/she or a third person has
committed or is suspected of having committed; or
intimidating or coercing him/her or a third person; or for
any reason based on discrimination of any kind, when such
pain or suffering is inflicted by or at the instigation of or
with the consent or acquiescence of a person in authority
or agent of a person in authority. It does not include pain
or suffering arising only from, inherent in or incidental to
lawful sanctions.
(b) “Other cruel, inhuman and degrading treatment or
punishment” refers to a deliberate and aggravated
treatment or punishment not enumerated under Section 4
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of this Act, inflicted by a person in authority or agent of a


person in authority against a person under his/her custody,
which attains a level of severity causing suffering, gross
humiliation or debasement to the latter.
(d) “Order of Battle” refers to a document made by the
military, police or any law enforcement agency of the
government, listing the names of persons and
organizations that it perceives to be enemies of the State
and that it considers as legitimate targets as combatants
that it could deal with, through the use of means allowed
by domestic and international law.

Title Three – Crimes Against Public Order

Chapter 1–Rebellion, Coup d’etat, Sedition and


Disloyalty.
Art 134. Rebellion or Insurrection.
ELEMENTS OF REBELLION:
1. There is public uprising and taking up arms against the
government;
2. The purpose of the uprising is either:
a. Remove from the allegiance to the government or its
laws: 1. the territory of the Philippines or any part
thereof; or 2. any body of land, naval or other armed
forces
b. deprive the Chief Executive or Congress wholly or
partially of any of their powers or prerogatives.
There is no complex crime of rebellion with murder, etc.
See People vs. Hernandez; Salazar vs. Enrile
Rebellion/inciting to rebellion = is a crime of
masses, of a multitude, a vast movement of men and a
complex net of intrigues and plots (People vs. Almazan,
C.A> 37 O.G. 1932)
There must be public upraising and taking up arms.
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An accused who knowingly identified himself with the HUK


organization that was openly fighting to overthrow the
government was enough to make him guilty of rebellion
(People vs. Perez, C.A.< G.R> No. 8186-R, June 30, 1954)
Merely acting as couriers or spies for the rebels are also
guilty of rebellion
Rebellion is committed at peace time and always
invovled taking arms against the Gov’t and it is crimes
against public order, Treason is committed during war
time and mere adherence to the enemy, giving them aid or
comfort may constitute as treason and it is crime against
National security.
Sedition in general sense, is the raising of
commotions or disturbances in the State (People vs.
Cabrera, 43 Phil, 64). Its ultimate objective is the violation
of the public peace which makes it different from
rebellion. The purpose may either be political or social.
Tumultuous signifies the involvement of more than
three (3) armed men
Art 134 –A . Coup d’etat
It is a swift attack accompanied by violence,
intimidation or threat, or strategy, directed against duly
constituted authorities of the RP or any military camp or
installation, communications network or public utilities
singly or simultaneously carried out anywhere in the
Philippines by any person or persons belonging to the
military or police or holding public office or employment
for the purpose of seizing or diminishing state power.
Art 135. – Penalty for rebellion, insurrection or coup
d’etat.
Art 136 – Conspiracy and proposal to commit coup
d’etat,rebellion, insurrection.
Art 137 – Disloyalty of public officer or employees.
Failed to resist a rebellion by all the means of their
power; Continuing to discharge the duties of their offices
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under the control of the rebels; or Accepting


appointments to office under the rebels.
Art 138 – Inciting to rebellion or insurrection.
Art 139 – Sedition – How committed.
There are three tests to determine whether the uttered
words are seditious: 1 Clear and Present Danger Test-
whether the words used are used in such circumstances
and are of such nature as to create a clear and present
danger that they will bring about the substantive evil that
the State has the right to prevent. 2. Dangerous Tendency
Doctrine- if the words uttered create a dangerous
tendency which the state has the right to prevent, then
such words are punishable. 3. Balancing of Interest Test-
when a particular conduct is regulated and the regulation
results in an indirect or partial abridgement of the
freedom of speech, the duty of the courts is to determine
which of the two conflicting interests demands the greater
protection under the circumstances. The phrase should be
amended to read as: “ penalty of prision mayor or higher”
in order that the wordings thereof will be consistent with
the Constitution. To prevent the promulgation or
execution of any law or the holding of any popular
election; To prevent the Government or any public officer
from freely exercising its or his functions, or prevent the
execution of any administrative order. To inflict any act of
hate or revenge upon the person or property of any public
officer or employee; To commit for any political or social
end, any act of hate or revenge against private persons or
any social class; To despoil for any political or social end,
any person, municipal, provincial or national government
of all its property or any part thereof.
Art 140 – Penalty for Sedition
Art 141 – Conspiracy to Commit sedition
Art 142 – Inciting to Sedition
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incite others to the accomplishment of any of the


acts which constitute sedition by means of writing,
speeches, proclamations, emblems etc. uttering seditious
words or speeches which tend to disturb the public peace;
writing, publishing, circulating scurrilous libels against the
government or any of its duly constituted authorities
which tend to disturb the public peace.
Chapter 2 – Crimes against popular representation
Section One – Crimes against legislative bodies
and similar bodies.
Art . 143 – Acts tending to prevent the meeting of
the Assembly and similar bodies.
National assembly; Any of its committees or sub
committees; Constitutional commissions or its
committees; Provincial board; City or municipal council.
Art 144 – Disturbance of proceedings
Section two – Violation of parliamentary
immunity.
Art 145 – Violation of Parliamentary immunity
Section two – Violation of parliamentary immunity.
Art 145 – Violation of Parliamentary immunity.
1. The offender is a public officer or employee;
2. He arrests or searches any member of the Congress;
3. The Congress at the time of the arrest or search is
either in regular or special session;
4. The member of Congress has not committed a crime
punishable under the RPC by a penalty higher than prision
mayor.
Chapter Three – Illegal Assemblies and
Associations
Art 146 - Illegal Assemblies
Staging a meeting attended by armed persons for
the purpose of committing any of the crimes punishable
by the RPC
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b. Staging a meeting in which the audience whether


armed or not is incited to the commission of treason,
rebellion, sedition or assault upon a person in authority
or his agents.
(Persons liable: Organizers and leaders and persons
merely present at such meeting armed or not)
The person who is merely present must have criminal
intent. Otherwise its absence may exempt him from
criminal liability.
Art 147 – Illegal Associations
= The existence of an association totally or partially
organized for the purpose of committing any of the crimes
punishable by the RPC. Existence of associations totally or
partially organized for some purpose contrary to public
morals.
(Persons liable: Founders, president and directors of the
association and mere members thereof.)

Chapter Four – Assault Upon and Resistance and


Obedience to, Persons in Authority and their Agents.
Art 148. Direct Assaults
Without public uprising, shall employ force or
intimidation for the attainment of any of the purposes
enumerated in defining the crimes of rebellion and
sedition. (This is known as the 1st form of direct assault)
Without public uprising, by attacking, by
employing force or by seriously intimidating or by seriously
resisting any person in authority or any of his agents, while
engaged in the performance of official duties, or on the
occasion of such performance. (This is known as the 2nd
form of direct assault)
If the offended party is an agent of a person in
authority, the force employed must be of a serious
character. But when he is a person in authority the force
employed need not be serious. As to intimidation or
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resistance, they must be serious whether the offended


party is an agent only or he is a person in authority.
Elements of the 1st form of direct assault:
1. That the offender employs force or intimidation;
2. That the aim of the offender is to attain any of
the purposes of the crime of rebellion or any of the object
of the crime of sedition;
3. That there is no public upraising.
ELEMENTS OF DIRECT ASSAULT OF THE 2ND FORM:
1. The offender makes an attack or employs force or
makes a serious intimidation or makes a serious
resistance;
2. That the victim thereof is a person in authority or agent
of a person in authority;
3. That these persons at the time of the assault were
engaged in the actual performance of official duties, or he
is assaulted by reason of the past performance of official
duties.
4. There must be no public uprising.
5. The offender knows the status of the person he is
assaulting (debatable).
Q: What is qualified direct assault?
A: It is qualified when:
a. The assault is committed with a weapon
b. The offender is a public officer or employee
c. The offender lays hands upon a person in
authority
Art 149. Indirect Assaults
Elements of Indirect Assaults:
1. That a person in authority or his agent is the victim
of any of the forms of direct assault defined in
article 148.
2. That a person comes to the aid of such authority or
his agent.
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3. That the offender makes use of force or


intimidation upon such person coming to the aid of
the authority or his agent.
Art. 150. Disobedience to summons issued by the
National Assembly, its committees or subcommittees, by
the Constitutional Commissions, its committees,
subcommittees or divisions.
Acts Punishable:
1. Without legal excuse, refusing to obey summons of
the National Assembly, its special or standing
committees and subcommittees or divisions, or by
any commission or committee chairman or
member authorized to summon witnesses.
2. Refusing to be sworn or placed under affirmation
while being before such legislative or constitutional
bodies or official.
3. By refusing to answer any legal inquiry
4. By refusing to produce any books, papers,
documents or records in his possession, when
required by them to do so in the exercise of their
functions
5. By restraining another from attending as a witness
in such legislative or constitutional body
6. By inducing disobedience to a summon or refusal
to be sworn by the above mentioned bodies or
officials.
Art 151. Resistance and disobedience to a person
in authority or the agents of such person.
Distinguish Direct Assault from Resistance or Serious
Disobedience:
1. Direct assault (2nd mode) is committed by: a. seriously
intimidating, b. by attacking, c. by employing force and d.
by seriously resisting a person in authority or his agent;
while Resistance or Serious Disobedience is committed
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only by a. resisting or b. seriously disobeying a person in


authority or his agent.
2. Direct Assault, the person in authority or his agent must
be engaged in the performance of official duties or that he
is assaulted by reason thereof; but in resistance, the
person in authority or his agent must be in actual
performance of his duty.
3. Direct assault by resisting an agent of a person in
authority the force is serious. In resistance against an
agent of a person in authority, the use of force is not
serious.
Art 152. Persons in authority and agents of person
in authority – who shall be deemed as such.
Persons in authority, - any person directly vested with
jurisdiction, whether as an individual or as a member of
some court or government corporation, board, or
commission.
Agent of a person in authority- is any person who, by
direct provision of law or by election or by appointment by
competent authority, is charged with the maintenance of
public order and the protection and security of life and
property, such as barrio councilman, barrio policeman and
barangay leader.
In applying article 148 and 151, teachers, professors, and
persons charged with the supervision of public or duly
recognized private schools, colleges and universities, and
lawyers in the actual performance of their professional
duties or on the occasion of such performance shall be
deemed persons in authority
Chapter Five – Public Disorders
Art 153. Tumults and other disturbances of public
order -----tumultuous disturbance or interruption liable
to cause disturbance
Acts Punishable: D2BIO
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1. Causing any serious disturbance in a public place, office


or establishment
2. Interrupting or disturbing performances, functions, or
gatherings, or peaceful meetings, if the act does not fall
under Articles 131 and 132.
3. Making any outcry tending to incite rebellion or sedition
in any meeting, association or public place;
Outcry = to shout subversive or provocative words
tending to stir up the people to obtain by means of force
or violence any of the object of rebellion or sedition.
4. Displaying placards or emblems which provoke a
disturbance of a public order in such place;
5. Burying with pomp the body of a person who has been
legally executed.
Art 154. Unlawful use of means of publication
and unlawful utterances
Acts Punishable:
1. Publishing or causing to be published either by printing,
lithography, or any means of publication, as news any
false news which may endanger public order, or cause
damage to the interest or credit of the State.
2. By the same means, or by utterances or words or
speeches encouraging disobedience to the law or to the
authorities, or praising, justifying, or extolling any act
punished by law.
3. By maliciously publishing or causing to be published any
official resolution or document without proper authority,
or before they have been published officially
4. By printing, publishing, or distributing or cause to be
printed, published or distributed pamphlets, periodicals, or
leaflets which do not bear the real printer’s name, or
which are classified as synonymous.
Art 155. Alarms and Scandals . - committed by any
person who shall:
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1. Within any town or public place, shall discharge any


firearm, rocket, firecracker, or other explosive calculated
to cause alarm or danger;
2. Instigate or take an active part in any charivari or other
disorderly meeting offensive to another or prejudicial to
public tranquility
Charivari- means a medley of discordant voices, a
mock serenade of discordant noises made on kettles,
horns etc designed only to annoy.
3. While wandering about at night or while engaged in any
nocturnal amusements, shall disturb the public peace; or
4. Who while intoxicated or otherwise, shall cause any
disturbance or scandal in public places, as long as article
153 is not applicable.
The Spanish Text reads: “que produza alarma o peligro”
hence the phrase “calculated to cause alarm or danger,
should be replaced with “ which produces alarm and
danger”
Art 156. Delivering prisoners from jail.- committed
by any person who shall remove from any jail or penal
establishment any person confined therein or shall help
the escape of such person, by means of violence,
intimidation or bribery.
ELEMENTS OF DELIVERING PRISONERS FROM JAIL:
1. There is a person confined in jail or any penal
establishment;
2. The offender removes such person therefrom, or helps
in his escape.
Chapter Six – Evasion of Service of Sentence
Kinds of: Evasion of Service of Sentence
1. Evasion of service of sentence by escaping
during the term of his sentence (Art 157);
2. Evasion of Service of Sentence on the occassion
of disorders (Art 158); and
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3. Other cases of evasion of service of sentence , by


violating the conditions of conditional parson (Art 159).
Art 157. Evasion of Service of Sentence
committed by any convict who shall evade service of his
sentence by escaping during the term of his imprisonment
by reason of final judgment.
Elements:
1. That the offender is a convict by final
judgment.
2. That he is serving his sentence which
consists in deprivation of liberty.
3. That he evades the service of his sentence
by escaping during the term of his sentence.
Note: Detainees, does subject for deportation, and those
who within 15 days from the promulgation of judgment is
not covered by this provisions, there being no final verdict
of conviction.
Art 158. Evasion of service of sentence on the
occasion of disorders, conflagrations, earthquakes, or
other calamities.
committed by a convict, who shall evade the service of his
sentence by leaving the penal institution on the occasion
of the above mentioned events, or during a mutiny in
which he has not participated, who shall fail to give
himself up to the authorities within 48 hours following
the issuance of a proclamation by the Chief Executive
announcing the passing away of such calamity. In this case
he shall suffer an increase of 1/5 of the time still
remaining to be served under the original which however
shall not exceed six months.
See also Article 98 for the reduction in case of a convict
who surrenders within the above mentioned period.
Reward to those who did not escape?
Art 159. Other cases of evasion of service of
sentence.
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committed by any convict who having been granted


conditional pardon by the Chief executive , shall violate
any condition of such pardon. If the penalty remitted by
the granting of such pardon be higher than 6 years, the
convict shall suffer the unexpired portion of his original
sentence.

Chapter Seven – Commission of Another Crime During


Service of Penalty Imposed for Another previous offense.
Art. 160. Commission of another crime during service of
penalty imposed for another previous offense. - Any
person who shall commit a felony after having been
convicted by final judgment, before beginning to serve
such sentence, or while serving the same, shall be
punished by the maximum period of the penalty
prescribed by law for the new felony (This is known as
Quasi Recidivism – a Spl. aggravating C.)
At the age of 70 he shall be pardoned if he shall have
served out his original sentence as long as he is not a
habitual criminal

Title Four – Crimes Against Public Interest


Chapter one – Forgeries
Section One – Forging the seal of the Government
of the Philippine Islands, the signature or stamp of the
Chief Executive ---
Art 161. Counterfeiting the great seal of the
Government of the Philippine Islands, the signature or
stamp of the Chief Executive.
Art 162. Using forged signature or counterfeit seal
or stamp.
Acts punished under Art 161:
1. Forging the Great seal of the Gov’t of the Phils
2. Forging the signature of the President;
3. Forging the stamp of the President.
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Section two – Counterfeiting coins


1. Making and importing and uttering false coins
(art 163);
2. Mutilation of coins – importation and utterance
of mutilated coins (Art 164); and
3. Selling of false or mutilated coin, without
connivance (Art 165).
Coin = is a piece of metal stamped with certain marks and
made current at a certain value.
Art. 163. Making and importing and uttering false
coins-committed by any person who shall make, import or
utter false coins in connivance with counterfeiters or
importers
Art. 164. Mutilation of coins- committed by any
person who shall mutilate coins of the legal currency of
the Philippines or import or utter mutilated current coin in
connivance with mutilator or importer.
Art 165. Selling of false or mutilated coin, without
connivance.
Section three – Forging treasury or bank notes, obligation
and securities, importing and uttering false or forged
notes, obligations and securities.
Art 166. Forging treasury or bank notes or other
documents payable to bearer, importing, uttering such
false or forged notes and documents.

PRESIDENTIAL DECREE No. 247


PROHIBITING AND PENALIZING DEFACEMENT,
MUTILATION, TEARING, BURNING OR DESTRUCTION OF
CENTRAL BANK NOTES AND COINS.
WHEREAS, defacing, mutilating, tearing, or partially
burning or destroying our currency by any means renders it
unfit for circulation, thereby unduly shortening its lifetime,
and such acts unfavorably reflect on the discipline of our
people and create a bad image for our country;
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1. That it shall be unlawful for any person to willfully


deface, mutilate, tear, burn or destroy, in any manner
whatsoever, currency notes and coins issued by the Central
Bank of the Philippines; and
2. That any person who shall violate this Decree shall, upon
conviction, be punished by a fine of not more than twenty
thousand pesos and/or by imprisonment of not more than
five years.
Forging = is committed by giving to a treasury or bank note
or any instrument payable to bearer or to order the
appearance of a true and genuine document.
Falsification = is committed by erasing, substituting,
counterfeiting, or altering by any means, the figures,
letters, words, or sign contained therein (Art 169)
Forgery includes falsification and counterfeiting.
Art 167. Counterfeiting, importing, and uttering
instruments not payable to bearer.
Art 168. Illegal possession and use of false treasury
or bank notes and other instruments of credit.
Art 169, How forgery is committed.
1. By giving to a treasury or bank note or any instrument
payable to bearer or to order mentioned therein, the
appearance of a true and genuine document.
2. By erasing, substituting, counterfeiting, or altering by
any means the figures, letters, words, or sign contained
therein
Section four – Falsification of legislative, public,
commercial, and private documents, and wireless,
telegraph, and telephone messages.
Art 170. Falsification of legislative documents.
Art. 171. Falsification by public officer, employee
or notary or ecclesiastical minister- committed by these
people who, taking advantage of their public position, shall
falsify a document by committing any of these:
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1. Counterfeiting or imitating any handwriting, signature


or rubric;
2. Causing it to appear that persons have participated in
any act or proceeding when they did not in fact so
participate;
3. Attributing to persons who have participated in an act
or proceeding statements other than those in fact made
by them;
4. Making untruthful statements in a narration of facts
5. Altering true dates;
6. Making any alteration or intercalation in a genuine
document which changes its meaning
7. Issuing in an authenticated form a document purporting
to be a copy of an original document when no such
original exists, or including in such copy a statement
contrary to, or different from, that of the genuine original;
or
8. Intercalating any instrument or note relative to the
issuance thereof in a protocol, registry or official book.
ELEMENTS OF FALSIFICATION BY PUBLIC OFFICER,
EMPLOYYEE OR NOTARY PUBLIC:
1. The offender is a public officer, employee or notary
public;
2. He takes advantage of his official position;
3. He falsifies a document by committing any of the acts
above enumerated;
4. If the offender is an ecclesiastical minister, the
falsification is committed with respect to any record or
document of such character that it may affect the civil
status of another.
Art 172. Falsification by private individuals and
use of falsified documents
1. Private individual who shall commit any of the
falsifications mentioned in the preceding article in any
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public or official document or letter of exchange or any


kind of commercial document; and
2. Any person who, to the damage of another, or with
intent to cause such damage, shall in any private
document shall commit any of the acts of falsifications
therein
3. any person who shall knowingly introduce in evidence
in any judicial proceeding to the damage of another or
who, with intent to cause such damage, shall use any of
the false documents embraced in the preceding article or
in any of the subdivision of this article.
ELEMENTS OF FALSIFICATION UNDER PARAGRAPH 1
1. The offender is a private individual or a public officer
who did not take advantage of his official position;
2. He committed any acts of falsification enumerated in
article 171;
3. The falsification is committed in a public or official or
commercial document.
ELEMENTS OF FALSIFICATION UNDER PARAGRAPH 2
1. The offender committed any acts of falsification
enumerated in article 171 with the single exception of that
stated in paragraph seven;
2. The falsification is committed in a private document;
3. The falsification was done with intent to cause damage
or it actually caused damage to a third party
Kinds of documents under Philippine laws that maybe
falsified:
1. Public document: is any instrument executed by a
notary public or by public or a competent public authority,
with the solemnities required by law;
2. Private document- a deed or instrument executed by a
private person without the intervention of a notary public
or persons legally authorized, by which document some
disposition or agreement is proved, evidenced or set forth.
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3. Official document- a document issued by a public


official in the exercise of the functions of his office.
4. Commercial document- a document or instrument
used by merchants or businessman to facilitate or
promote trade or credit transactions.
Art 173. Falsification of wireless, cable, telegraph,
and telephone messages, and use of said falsified
messages.
Section five – Falsification of medical certificates,
certificates of merit or service, and the like.
Art 174. False medical certificates, false
certificates of merit or service, etc.committed by:
a. Physician or surgeon who in connection with the
practice of his profession , shall issue a false
certificate
b. Public officer who shall issue a false certificate of
merit of service, good conduct, or similar
circumstances
c. Private person who shall falsify any of the above
mentioned certificates.
Art 175. Using false certificates
Section six – Manufacturing, importing, and
possession of instruments or implements intended for the
commission of falsification.
Art 176. Manufacturing and possession of
instruments or implements for falsification.--committed
by any person who shall:
a. Make or introduce into the Philippines any stamps, dies,
marks, or other instruments or implements for
counterfeiting or falsification
b. Possess with intent to use the instruments or
implements for counterfeiting or falsification made in or
introduced into the Philippines by another person.
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Chapter Two – Other Falsities


Section One – Usurpation of authority, rank, title
and improper use of names, uniforms, and insignia.
Art 177. Usurpation of authority or officials
functions. committed by any person who shall-
a. Knowingly and falsely represent himself to be an
officer, agent or representative of any department
or agency of the Philippine Government or any
foreign government. (usurpation of authority)
b. Perform any act pertaining to any person in
authority or public officer of the Philippine
Government or of a foreign government or any agency
thereof, under pretense of official position, and
without being lawfully entitled to do so. (Usurpation of
official function).
R.A. 10 (Sept. 2, 1946) penalty would be note less than 2
years not more than ten (10) years.
Art 178. Using fictitious name and concealing true
name. committed by any person who shall:
a. Publicly use a fictitious name for the purpose of
(CEC) concealing a crime, evading the execution of
a judgment, or causing damage.
Conceal his true name and other personal circumstances.
Fictitious name = any other name which a person publicly
applies to himself with out authority of law is a fictitious
name. (U.S. vs. To Lee Piu, 35 Phil. 4)

COMMONWEALTH ACT 142


(As amended by RA 6085)
ANTI ALIAS LAW, August 4, 1969
Sec. 6. No person having been baptized with a name
different from that which he was registered at birth in the
local civil registry, shall represent himself in any public or
private transaction or shall sign or execute any public or
private document without stating or affixing his real or
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original name and all names and aliases or pseudonym he


is or may have been authorized.
Sec. 1. No person shall use any name different from the
one with which he was registered at birth. Exceptions:
a. pseudonym for literary, cinema, television, radio, or
other entertainment purposes and in athletic events where
use of pseudonym is an accepted practice.
Sec. 5. Penalty 1-5 years imprisonment.
Using fictitious name distinguished from concealing true
name
In using fictitious name, the element of publicity must be
present, in concealing true name and other personal
circumstances, that element is not necessary.
The purpose in use of fictitious name is to conceal a crime,
evade the execution of sentence or to cause damage.
While in concealing true name, the purpose is merely to
conceal identity.
Art 179. Illegal use of uniforms or insignia.
Element:
1. That the offender makes use of insignia, uniform
or dress.
2. That the insignia, uniform or dress pertains to an
office not held by the offender or to a class of
persons of which he is not a member.
3. That said insignia, uniform or dress is used
publicly and improperly.
R.A. 75 – punished using inform, decoration or regalia of
foreign state.
R.A. 493 – punished wearing of insignia, badge, emblem
of rank of the members of the AFP or Constabulary.

Section two – False Testimony


False testimony is committed by a person who,
being under oath and required to testify as to the truth of
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certain matter at a hearing before a competent authority


shall deny the truth or say something contrary to it.
Art 180. False testimony against a defendant -
committed by any person who shall give false testimony
against the defendant in any criminal case.
Elements of false testimony against a defendant:
1. There is court proceeding criminal in nature;
2. The offender falsely testifies under oath against the
defendant therein;
3. The offender knows that the testimony is false.
Art 181. False testimony favorable to the
defendant.
Art 182. False testimony in civil cases -Elements of
false testimony in civil cases:
1. There is a civil case;
2. The testimony of the offender was given in relation to
the issues presented therein;
3. The testimony is false;
4. The offender knows that it is false;
5. The testimony is malicious.
Art 183. False testimony in other cases and perjury
in solemn affirmation-committed by any person who shall
knowingly make untruthful statements and not being
included in the provisions of the next preceding articles,
shall testify under oath, or make an affidavit, upon any
material matter before a competent person authorized to
administer an oath in cases in which the law so requires.
Note : must be discussed in connection to Art 171.

Ways of committing perjury:


1. By falsely testifying under oath; and
2. by making a false affidavit
Note: Falsely testifying under oath should not be in a
judicial proceeding.
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Elements of perjury:
1. The accused made a statement under oath or executed
an affidavit upon a material matter;
2. This statement or affidavit was made before a
competent officer authorized to receive and administer
oath;
3. In his statement or affidavit, the accused made a willful
and deliberate assertion of falsehood; and
4. The sworn statement or affidavit containing the falsity
is required by law.
Oath = any form of attestation by which a person
signifies that he is bound in conscience to perform an act
faithfully and truthfully.
There used to be a crime known as Subordination
of Perjury which is committed by any person who shall
knowingly and willfully procure another to swear falsely
and the witness suborned testify under circumstances
rendering him guilty of perjury. There is no more a crime
of such a name, but the one who induced another is guilty
as principal by induction in the crime of perjury.
Art 184. Offering false testimony in evidence
Elements:
1. That the offender offered in evidence a false
witness or false testimony.
2. That he knew the witness or the testimony was
false.
3. That the offer was made in a judicial or official
proceeding.

Chapter Three – Frauds


Section One – Machinations, monopolies and
combinations
Art 185. Machinations in public auctions
Art 186. Monopolies and combinations in restraint of
trade.
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See RA 8293 The Intellectual Property Code of the


Philippines- Infringement (Sec.155) Unfair Competition
(Sec. 168) and False Designation of Origin and False
description or Representation (
Sec. 169).

Section two – Frauds in commerce and industry –


Art 187. Importation and disposition of falsely
marked articles or merchandise made of gold, silver, or
other precious metals or their alloys.
Art 188. Substitution and altering trademarks,
trade name, or service marks.
Art 189. Unfair competition, fraudulent registration
of trade name, trademarks, or service mark, fraudulent
designation of origin, and false description.

TITLE FIVE – Crimes Relative to Opium and other


Prohibited Drugs.
Art 190-194 are repealed by R.A. 6425 Known as
the Dangerous Drug Act of 1972 which took effect on
March 30, 1972 (Sec.42) as amended by P.D. no. 1683 and
further amended by R.A. 7659. Further amended by R.A.
9165 otherwise known as Comprehensive Dangerous Drug
Act of 2002.

TITLE SIX – CRIMES AGAINST PUBLIC MORALS


Chapter one – Gambling and Betting
See PD 1602- Law Prescribing Stiffer Penalty in Gambling.
RA 9287- An Act Increasing the Penalties for Illegal
Number Games Amending Certain Provisions of PD 1602
(Latest Law on Gambling)- included the games of masiao
and last two as illegal number games.
Section 4 thereof states: “The possession of any gambling
paraphernalia and other materials used in the illegal
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numbers game operation shall be deemed prima facie


evidence of any offense committed under RA 9287.”
Art 195 – What acts are punishable in gambling.
Art 196 – Importation , sale and possession of
lottery tickets or advertisements.
Art 197 – Betting in sports contest.
Art 198 – Illegal betting on horse races
Art 199. Illegal Cockfighting.

Chapter Two – Offenses Against Decency and Good


Customs.
Art 200 - Grave scandals- committed by any
person who shall offend against decency or good customs
by any highly scandalous conduct not expressly falling
within any article of the RPC.
Elements of grave scandal:
1. The offender performs an act;
2. The act must be highly scandalous as offending against
decency or good customs;
3. The scandalous conduct is not expressly falling within
any other article of the RPC;
4. The act be committed in a public place or within the
public knowledge or view.
Art 201 - Immoral doctrines, obscene publication
and exhibitions, and indecent shows.--committed by any
person who:
1. Shall publicly expound or proclaim doctrines openly
contrary to public morals;
2. The authors of obscene literature, published with their
knowledge in any form.
3. The editors publishing such literature
4. Owners or operators of establishment selling them
5. Those who in theaters, fairs, cinematographs, or any
other place, exhibit indecent or immoral plays, scenes, acts
or shows.
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6. Those who shall sell, give away, or exhibit films, prints,


engravings, sculptures, or literatures which are offensive
to morals.
They shall include: 1. those that glorify criminals or
condone crimes, 2. serve no other purpose than to satisfy
the market for violence, lust or pornography, 3. offend any
race or religion, 4. tend to abet traffic in and use of
prohibited drugs and 5. contrary to law, public order,
morals, good customs, established policies, lawful orders,
decrees and edicts.
Art 202 – Vagrants and Prostitutes ---- Penalty
1. Any person having no apparent means of subsistence,
who has the physical ability to work and who neglects to
apply himself to some lawful calling.
2. Any person found loitering about public or semi public
building or places, or tramping or wandering about the
country or the streets without visible means of support;
3. Any idle or dissolute person who lodges in houses of ill
fame; ruffians or pimps and those who habitually associate
with prostitutes
4. Any person found loitering in any inhabited or
uninhabited place belonging to another without any lawful
or justifiable purpose
5. Prostitutes- any woman who for money or profit,
habitually indulge in sexual intercourse or lascivious
conduct.

TITLE SEVEN – CRIMES COMMITTED BY PUBLIC OFFICERS


Chapter one – Preliminary Provisions
Art 203 . Who are public officers
Art. 203. Public officers, defined- any person who, by
direct provision of the law, popular election or
appointment by competent authority, shall take part in the
performance of public functions in the Government, or
shall perform in said government or in any of its branches
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public duties as an employee, agent, or subordinate


official, of any rank or class.

Malfeasance- the performance of some act which should


not be done.
Misfeasance- the improper performance of some act
which should have been lawfully be done
Nonfeasance- the omission of some act which ought to be
performed.

Chapter two – Malfeasance and Misfeasance


Section one – Dereliction of duty
Art 204. knowingly rendering unjust judgment
Art 205. Judgment rendered through negligence
Art 206. Unjust interlocutory order.
Art 207. Malicious delay in the administration of
justice
Art 208 Prosecution of offenses; negligence and
tolerance.
Art 209. Betrayal of trust by an attorney or
solicitor – Revelation of secrets
Art. 204. Knowingly rendering unjust judgment. -
committed by any judge who shall knowingly render an
unjust judgment in any case submitted to him for decision.
Elements:
1. That the offender is a judge;
2. That he renders a judgment in a case submitted to him
for decision;
3. That the judgment is unjust;
4. That the judge knows that his judgment is unjust.
Art. 205. Judgment rendered through negligence-
committed by any judge who, by reason of inexcusable
negligence or ignorance, shall render a manifestly unjust
judgment in any case submitted to him for decision.
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An Unjust Judgment is a judgment that is contrary


to law, or not supported by evidence or both.
Elements:
1. The offender is a judge;
2. That he renders a judgment in a case submitted to him
for decision;
3. That the judgment is manifestly unjust;
4.That it is due to his inexcusable negligence or ignorance.
Art. 206. Unjust interlocutory order- committed by
any judge who shall knowingly or by reason of inexcusable
negligence or ignorance shall render an unjust
interlocutory order or decree.
Elements: (1) the offender is a judge, and (2) He performs
either (a) knowingly renders unjust interlocutory order or
decree, or (b) renders a manifest unjust interlocutory
order or decree through inexcusable negligence or
ignorance.
Interlocutory order = is an order which is issued by
the court between the commencement and the end of a
suit or action an which decides some points or matter, but
which , however, is not a final decision of the matter in
issue. (Bouvier’s Law Dictionary).
Art. 207. Malicious delay in the administration of
justice- committed by a judge who is guilty of malicious
delay in the administration of justice.
Elements:
1. That the offender is a judge;
2. That there is a proceeding in his court;
3. That he delays the administration of justice; and
4. That the delay is malicious, that is, the delay is caused
by the judge with deliberate intent to inflict damage on
either party in the case.
Art. 208. Prosecution of offenses; negligence and
tolerance- committed by public officers or officers of the
law, who, in dereliction of the duties of his office, shall
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maliciously refrain from instituting prosecution for the


punishment of violators of the law, or shall tolerate the
commission of offense.
Elements of dereliction of duty in the prosecution of
offenses:
1. The offender is a public officer or officer of the law who
has a duty of prosecuting offenses;
2. He, knowing the commission of a crime does not cause
the prosecution of the criminal;
3. He acts with malice.
In US vs. Mendoza 23 Phil 194, SC said: “The crime
committed by the first law violator must be proved first. If
not, the person charged with dereliction is not liable.”
Art. 209. Betrayal of trust by an attorney or
solicitor-revelation of secrets-
Acts Punishable:
1. An attorney causing damage to his client by malicious
breach of professional duty or by inexcusable negligence
or ignorance.
2. An attorney revealing any of the secrets of his client
learned by him in his professional capacity.
3. An attorney undertaking the defense of the opposing
party in the same case, without the consent of his first
client, after having undertaken the defense of the first
client or after having received confidential information
from said client.
A procurador judicial = is a person who had some
practical knowledge of law and procedure, but not a
lawyer, and was permitted to represent a party in a case
before an inferior court. There is no solicitor or
procurador under the Rules of Court.
Art. 210. Direct bribery (Tuwirang pagsuhol)- committed
by a public officer who:
a. Agrees to perform, or by performing, in
consideration of any offer, promise, gift or present-
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an act constituting a crime, in connection with the


performance of his official duty.
b. Accepts a gift in consideration of the execution of
an act which does not constitute a crime, in
connection with the performance of his official
duty.
c. Agreeing to refrain, or by refraining, from doing
something which it is his official duty to do so, in
consideration of a gift or promise.
Elements of direct bribery:
1. The offender is a public officer;
2. He accepts an offer or a promise or receives a gift or
present by himself or through another;
3. Such offer or promise be accepted, or gift or present
received by him:
a. with a view to committing some crime; or
b. in consideration of the execution of an unjust act
which does not constitute a crime
c. to refrain from doing something which it is his official
duty to do.
4. The act which the offender agrees to perform or which
he executes be connected with the performance of his
official duties
Art. 211. Indirect bribery- committed by any public
officer who shall accept gifts offered to him by reason of
his office.
Elements of indirect bribery:
1. The offender is a public officer;
2. Gifts are offered to him by reason of his office;
3. He accepts the gift
Art. 211-A.Qualified Bribery- committed by a
public officer who is entrusted with law enforcement and
who refrains from arresting or prosecuting an offender
who has committed a crime punishable by reclusion
perpetua and/or death in consideration of any offer,
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promise, and gift or present. The death penalty shall be


imposed if it is the public officer who asks or demands
such gift or present.
Elements of qualified bribery:
1. The offender is a public officer entrusted with law
enforcement;
2. He refrains from arresting or prosecuting an offender
who has committed a crime punishable by reclusion
perpetua and/or death;
3. He does so because of consideration of any promise,
gift or present.
Here, he shall suffer the penalty for the offense which was
not prosecuted.
Art. 212. Corruption of public officials- committed
by any person who shall have made the offers or promises
or given the gifts or present as described in the preceding
articles.
Elements of corruption of public official:
1. The offender makes offers or promises or gives gift or
presents to a public officer;
2. They are given under circumstances that will make the
public officer liable for direct or indirect bribery.
See RA 3019- The Anti-Graft and Corrupt Practices Act
Art. 213. Frauds against the public treasury and
similar offenses. Committed by a public officer who shall:
1. Enter into an agreement with any party or speculator or
make use of scheme, to defraud the government, in
dealing with any person with regard to furnishing of
supplies, the making of contracts or the adjustment or
settlement of accounts.
2. Demand, the payment of sums different from or larger
than those authorized by law, in the collection of taxes,
licenses, fees or outposts.
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3. Voluntarily fail to issue a receipt, for any sums of


money collected by him officially, in the collection of taxes,
fees, licenses, outposts.
4. Collecting or receiving, directly or indirectly, things or
objects of a nature different from that provided by law, in
the collection of taxes, fees, licenses and other imposts.
Art. 215. Prohibited transactions- committed by
appointive public officer, who, during his incumbency,
shall become interested in any transaction of exchange or
speculation within the territory subject of his jurisdiction.
Art. 216. Possession of prohibited interest by a
public officer.-committed by a public officer who shall
become interested in any contract or business in which it
is his official duty to intervene.
Art. 217. Malversation of public funds or property
(Paglustay ng salapi o mga ari-arian ng bayan)- committed
by a public officer who by reason of the duties of his office
is accountable for public funds or property who shall:
1. Appropriate public funds or property
2. Take or misappropriate public funds or property.
3. Consent, or through abandonment or negligence,
permit any other person to take such public funds or
property.
Malversation is also known as embezzlement
Previous demand however is not necessary for violation of
Article 217 because it is not an element of this felony.
Demand merely raises a prima facie presumption that
missing funds have been put to personal use.
Elements of malversation:
1. The offender is a public officer;
2. He had control or custody of funds or property by
reason of the duties of his office;
3. These funds or property are public in character for
which he is accountable;
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4. He appropriated, misappropriated, took, or consented,


or through abandonment or negligence, permitted
another person to take them.
Previous demand however is not necessary for violation of
Article 217 because it is not an element of this felony.
Demand merely raises a prima facie presumption that
missing funds have been put to personal use.
Art. 218. Failure of accountable officer to render
account- committed by any public officer who is required
by law or regulation to render accounts to the Commission
on Audit, or to a provincial auditor and who fails to do so
for a period of two months after such accounts should be
rendered.
Art. 219. Failure of responsible public officer to
render accounts before leaving the country.- committed
by a public officer who unlawfully leaves or attempts to
leave the country without securing a certificate from the
COA showing that his accounts have been finally settled.
Art. 220. Illegal use of public funds or property.-
committed by a public officer who shall apply any public
funds or property under his administration to any public
use other than that for which such funds or property were
appropriated by law or ordinance.
Elements of technical malversation:
1. The offender is a public officer;
2. A public fund or property is under his administration;
3. Such public fund or property has been appropriated by
law or ordinance;
4. He applies it to a public use other than that for which
such fund or property has been appropriated by law or
ordinance.
Art. 220 is also known as the crime of “Technical
Malversation”. In Abdulla vs. People 455 SCRA 78, the
accused was acquitted of the charge of technical
malversation after the Supreme Court found out that
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there was an absence of any provision of law (RA 6688)


that specifically appropriates certain amount for the
payment of salary differentials of school teachers only.
Art. 221. Failure to make delivery of public funds
or property- committed by any public officer who is under
obligation to make payment from government funds in his
possession, who shall fail to make such payment.
It is also committed by a public officer who is
ordered by competent authority to deliver any property in
his custody or under his administration, shall refuse to
make such delivery.
Note: Under Art 222, even private individuals may be held
liable under the provisions of Articles 217 to 221 if:
1. He has charge of any national, provincial, municipal
funds, revenue or property.
2. He is the administrator or depository of funds or
property, attached, seized or deposited by public
authority, even if such property belongs to a private
individual.
Art. 223. Conniving with or consenting to evasion.
- committed by any public officer who shall consent to the
escape of a prisoner in his custody or charge.
Elements of conniving with or consenting to evasion:
1. The offender is a public officer;
2. He had in his custody a detention prisoner or a prisoner
convicted by final judgment;
3. The prisoner escaped from his custody;
4. He was in connivance with the prisoner in the latter’s
escape.
Art. 224. Evasion through negligence- committed
by a public officer who is charged with the custody or
conveyance of a prisoner and the prisoner escaped
through his negligence.
Art. 225. Escape of prisoner under the custody of
a person not a public officer.- committed by any private
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person to whom the conveyance or custody of a prisoner


or person under arrest shall have been confide4d, who
shall commit any of the offenses mentioned in the two
preceding articles.
Art. 226. Removal, concealment or destruction of
documents.-committed by a public officer who to the
damage of a third party or the public interest shall
remove, destroy or conceal documents or papers officially
entrusted to him.
Art. 227. Officer breaking seal- committed by any
public officer charged with the custody of papers or
property sealed by proper authority, which shall break the
seals or permit them to be broken.
Art. 228. Opening of closed documents-
committed by any public officer who without proper
authority, shall open or shall permit to be opened any
closed papers, documents, or objects entrusted to his
custody.
Art. 229. Revelation of secrets by public officer
Acts punishable:
1. Revealing any secrets known to the public officer by
reason of his official duty.
2. Delivering wrongfully papers or copies of papers which
he may have charge and which should not be published.
Art. 230. Public officer revealing secrets of private
individual- committed by any public officer to whom the
secrets of private individual shall become known by reason
of his office who shall reveal such secrets.
Art. 231. Open disobedience- committed by any
judicial or executive officer who shall openly refuse to
execute the judgment, decision or order o\f any superior
authority made within the scope of jurisdiction of the
latter and issued with all legal formalities.
Art. 232. Disobedience to order of superior officer
when said order was suspended by inferior officer-
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committed by a public officer, who has suspended the


execution of the orders of his superior, shall disobey such
superiors after the latter have disapproved the
suspension.
Art. 233. Refusal of assistance- committed by a
public officer, who to the damage of the public interest or
to a third person, upon demand from competent
authority, shall fail to lend his cooperation towards the
administration of justice or other public service.
Art. 234. Refusal to discharge elective office. -
committed by any person who having been elected by
election, shall refuse without legal motive to be sworn in
or to discharge the duties of said office.
Art. 235. Maltreatment of prisoners
(Pagmamalupit sa mga bilanggo). Committed by any
public officer or employee who shall:
1. Overdo himself in the correction or handling of a
prisoner or detention prisoner under his charge by:
(a) imposing punishment not authorized by
regulations or (b) inflicting authorized punishment
in a cruel and humiliating manner.
2. Maltreat a prisoner to extort a confession or to obtain
some information.
The penalty for this crime is prision correctional in its
minimum period and this is in addition to the physical
injuries and damage caused. This phrase makes it legally
impossible to charge one with violation of Article 235
complexed with physical injuries.
Art. 236. Anticipation of duties of a public office-
committed by any person who shall assume the
performance of the duties and powers of any public office
or employment without first being sworn in or having
given the bond required by law.
Art. 237. Prolonging performance of duties and
powers.- committed by a public officer who shall continue
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to exercise the duties and powers of his office,


employment or commission beyond the period provided
by law or regulations.
Art. 238. Abandonment of office or position. -
committed by any public officer who, before, the
acceptance of his resignation, shall abandon his office to
the detriment of the public service.
Art. 239. Usurpation of legislative powers-
committed by a public officer who shall encroach the
powers of the legislative branch of the government by
making rules and regulations beyond the scope of his
authority, or by attempting to repeal a law or suspending
its execution.
Art. 240. Usurpation of executive functions-
committed by any judge who shall assume any power
pertaining to the executive authorities, or shall obstruct
the latter in the exercise of their powers.
Art. 241. Usurpation of judicial functions-
committed by any officers of the executive branch who
shall assume judicial powers or shall obstruct the
execution of any order or decision rendered b7y any judge
within his jurisdiction.
Art. 242. Disobeying request for disqualification-
committed by any public officer, who before the question
of jurisdiction is decided, shall continue any proceeding
after having been lawfully required to refrain from so
doing.
Art. 243. Orders or requests by executive officers
upon judicial authority- committed by any executive
officers who shall address any order or suggestion to any
judicial authority with respect to any case or business
coming within the exclusive jurisdiction of courts.
Art. 241. Usurpation of judicial functions-
committed by any officers of the executive branch who
shall assume judicial powers or shall obstruct the
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execution of any order or decision rendered b7y any judge


within his jurisdiction.
Art. 242. Disobeying request for disqualification-
committed by any public officer, who before the question
of jurisdiction is decided, shall continue any proceeding
after having been lawfully required to refrain from so
doing.
Art. 243. Orders or requests by executive officers
upon judicial authority- committed by any executive
officers who shall address any order or suggestion to any
judicial authority with respect to any case or business
coming within the exclusive jurisdiction of courts.
Art. 244. Unlawful appointments- committed by
any public officer who shall knowingly nominate or
appoint to any public office any person lacking the legal
qualifications therefore.
Art. 245. Abuses against chastity (Mga
paglapastangan sa kalinisan ng budhi)- committed by:
1. Public officer who shall solicit or make immoral or
indecent advances to a woman interested in matters
pending before such officer for decision, or with respect to
which he is required to submit a report to, or consult with
a superior officer.
2. Any warden or public officer charged with the care and
custody of prisoners or persons under arrest who shall
make or solicit immoral or indecent advances to a woman
under his custody.
This crime is committed by a mere proposal.
It is also punishable to make such a solicitation to the wife,
daughter, sister, or relative within the same degree by
affinity of any person in the custody of such warden or
officer.
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Republic Act No. 7080


AN ACT DEFINING AND PENALIZING THE CRIME OF
PLUNDER
ILL GOTTEN WEALTH, DEFINED- means any asset,
property, business enterprise or material possession of any
person within the purview of Section two (2) hereof,
acquired by him directly or indirectly through dummies,
nominees, agents, subordinates and/or business associates
by any combination or series of the following means or
similar schemes:

REPUBLIC ACT No. 3019


ANTI-GRAFT AND CORRUPT PRACTICES ACT
“Receiving any gift, defined” includes the act of accepting
directly or indirectly a gift from a person other than a
member of the public officer’s immediate family, in behalf
of himself or of any member of his family or relative within
the fourth civil degree, either by consanguinity or affinity,
even on the occasion of a family celebration or national
festivity like Christmas, if the value of the gift is under the
circumstances manifestly excessive.

TITLE 8- CRIMES AGAINST PERSONS


Art. 246. Parricide. – Any person who shall kill his
father, mother or child, whether legitimate or illegitimate,
or any of his ascendants, or descendants, or his spouse,
shall be guilty of parricide and shall be punished by the
penalty of reclusion perpetua to death.
Elements of Parricide:
a. A person is killed;
b. Accused killed the deceased;
c. The deceased is the legitimate or illegitimate
father, mother or child, or legitimate ascendant or
legitimate descendant or legitimate spouse of the
accused.
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Art. 247. Death or physical Injuries inflicted under


exceptional circumstances.- Any legally married person
who, having surprised his spouse in the act of committing
sexual intercourse with another person, shall kill any of
them or both of them in the act or immediately thereafter,
shall inflict upon them any serious physical injury shall
suffer the penalty of destierro.
If he shall inflict upon them physical injuries of any
other kind he shall be exempted from punishment.
These rules shall be applicable, under the same
circumstance, to parents, with respect to their daughters
under 18 years of age, and their seducer, while the
daughters are living with their parents.
Any person who shall promote or facilitate the
prostitution of his wife or daughter, or shall otherwise
have consented to the infidelity of the other spouse shall
not be entitled to the benefits of this article.
Article 247 is also known as extraordinary
mitigating circumstance. It however does not exempt the
culprit from civil liability.
Destierro here is inflicted not really as a penalty
but more on for the protection of the accused.
Art. 248. Murder (assasinato) - Any person, who,
not falling within the provisions of Article 246, shall kill
another, shall be guilty of murder and shall be punished by
reclusion perpetua to death if committed with any of the
following attendant circumstances.
1. With treachery
2. Taking advantage of superior strength
3. With the aid of armed men
4. Employing means to weaken defense
5. Employing means or persons to insure or afford
impunity
In consideration of price reward or promise
6. By means of inundation
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7. By means of fire
8. By means of poison
9. By means of explosion
10. By means of shipwreck
11.By means of stranding of a vessel
12. By means of derailment or assault upon a railroad
13. By means of fall of an airship
14. By means of motor vehicle
15. By the use of other means involving great waste and
ruin
16. On the occasion of any of the calamities enumerated in
letters g-p.
17. On the occasion of an earthquake
18. On the occasion of eruption of volcano
19. On the occasion of destructive cyclone
20. On the occasion of epidemic
21. On the occasion of any other public calamity
22. With evident premeditation
23. With cruelty (by deliberately and inhumanly
augmenting the suffering of the victim)
24. By outraging or scoffing at the person or corpse of a
person.
Elements of murder:
1. A person was killed;
2. The accused killed the deceased;
3. The killing was attended by any of the qualifying
circumstance mentioned in article 248;
4. The killing is not parricide, infanticide or homicide.

Art. 249. Homicide- is a crime committed by any


person who shall kill another without the attendance of
any of the circumstances mentioned in article 248.
Homicide, defined- the unlawful killing of another but
which is not parricide, murder or infanticide.
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Elements of homicide:
1. A person was killed;
2. The accused killed the deceased;
3. The accused had the intent to kill;
4. The killing was attended by any of the qualifying
circumstance mentioned in article 248.
5. The killing is not infanticide or parricide.
In People vs. Castillo 76 Phil 72- a pharmacist
erroneously mixed medicine and gave it to the offended
party who nearly died when he took it. The crime was not
attempted or frustrated homicide because of the absence
of intent to kill.
Accidental homicide, defined- This is a homicide that
results when the death of a person is brought about by a
lawful act performed with proper care and skill and
absence of criminal intent.
In People vs. Pugay 167 SCRA 439, the accused set on
fire a retardate victim out of frolic and merrymaking. The
Supreme Court convicted him of Homicide thru Reckless
Imprudence
Article 251. Death caused in a tumultuous affray.- (See
the article)
Here at least four (4) persons must take part in the
affray.
There would be no tumultuous affray if the quarrel
is between two well known groups.
Article 252. Physical injuries in a tumultuous
affray- (see the article)
Article 253. Giving assistance to suicide- is
committed by any person who shall assist another to
commit suicide, or lending his assistance to another to the
extent of doing the killing himself.
One who commits or attempts to commit suicide is not
liable under the law. Nullum crimen nulla poena sine lege.
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Analyze: A pregnant woman attempted to commit suicide


by drinking poison. Instead of her dying, it was the unborn
child who died. Is the pregnant woman liable for the death
of her unborn child?
Art. 254. (Illegal) Discharge of firearm
(Pagpapaputok ng sandata) - is committed by any person
who shall shoot at another with any firearm
Elements of Discharge of Firearm:
1. A person discharges a firearm against another
person
2. The offender has no intent to kill that person

Art. 255. Infanticide- is the killing of a child less


than three (3) days old.
Elements of infanticide:
1. A child less than 3 days old (72 hours old or less) is
killed;
2. The accused killed said child.
Art. 256. Intentional abortion- is committed by any person
who shall intentionally cause an abortion by:
(1) Using violence upon the person of the pregnant
woman; or
(2) Acting without the consent of the woman but without
using violence; (3) acting with the consent of the woman
Elements of intentional abortion:
1. Violence is exerted, or any drugs or beverages be
administered or the accused acts upon a pregnant woman;
2. As a result thereof, the fetus dies, in the womb or after
having been expelled therefrom;
3. The act is intended.
Abortion has been defined as the willful killing of
the fetus or violent expulsion of the same from the
maternal womb.
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Art. 257. Unintentional abortion- committed by


any person who shall cause an abortion by violence, but
unintentionally
Elements of unintentional abortion
1. There is a pregnant woman;
2. Violence is used against the woman but without
intending an abortion
3. The violence is intentionally exerted
4. Fetus died
If there is no violence used; No intent to cause an
abortion- there is no abortion of any kind.
Art. 259. Abortion practiced by woman herself or
by her parents- this is committed by a woman who shall
practice an abortion upon herself or shall consent that any
other person should do so.
Art. 260. Abortion practiced by a physician or
midwife and dispensing of abortives. - is committed by a
doctor or physician who shall cause an abortion or assist in
causing the same. Also a pharmacist who without proper
prescription from a physician shall dispense any abortive.
Art. 260. Responsibility of participants in a duel.
Duel, defined- is a combat agreed between two parties in
the presence of seconds who makes the selection of arms.
LIABILITIES IN A DUEL
If the adversary is killed--Reclusion temporal
Physical Injuries---Consult Article 263 -266
No physical injuries whatsoever was committed--
Both combatants shall suffer arresto mayor
Liability of seconds
They are considered as accomplices
Art. 261. Challenging to a duel- committed by any
person who shall challenge another, or incite another to
give or accept a challenge to a duel, or shall scoff at or
decry another publicly for refusing to accept a challenge to
fight a duel.
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Art. 262. Mutilation- committed by any person


who shall intentionally mutilate another by depriving him,
either totally or partially, of some essential organ of
reproduction. Any other intentional mutilation is also
punished (known as mayhem)
Otherwise stated, mutilation is the intentional clipping off
of some part of the human body.
Art. 263. Serious Physical Injuries- committed by
any person who shall wound, beat or assault another
causing the offended party to become:
1. insane, imbecile, impotent or blind;
2. the person injured has lost the use of speech, or
the power to hear or smell, or losses an eye, a hand, a
foot, an arm, or a leg or shall have lost the use of such
member, or shall have become incapacitated for work
which he was habitually engaged.
3. deformed, lost any part of his body, or use
thereof, or ill or incapacitated for work he was habitually
engaged for 90 days;
4. ill or incapacitated for labor for more than 30
days.
Art. 264. Administering injurious substances or
beverages (Pagpapainom ng mga nakapipinsalang mga
sustansiya o inumin)- committed by any person who
without intent to kill, shall inflict upon another any serious
physical injury, by knowingly administering to him any
injurious substances or beverages or by taking advantage
of his weakness of mind or credulity.
Elements of administering injurious
substances/beverages
Offender inflicted any serious physical injuries
By knowingly administering any injurious substances or
beverages
Accused had no intent to kill.
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Art. 265. Less serious physical injuries- committed


by any person who shall inflict injuries upon another which
shall incapacitate the offended party for labor for 10 days
or more, or shall require medical attendance for the same
period.
Art. 266. Slight Physical Injuries- committed by any
person who 1. Shall inflict physical injury upon another
which shall incapacitate another for labor from 1-9 days or
shall require medical attendance for the same period;
2. Any injury which does not prevent the offended
party from engaging in his habitual work nor
require medical attendance; or
3. Shall ill treat another by deed without causing any
injury (maltreatment).
Art. 266.-A Rape- is committed
1. by a man who shall have carnal knowledge of a woman
under any of the following circumstances:
a. through force or intimidation;
b. woman is deprived of reason or unconscious;
c. fraudulent machination or grave abuse of
authority;
d. offended party is under 12 or is demented, even
though none of the circumstances mentioned above be
present.
2. By any person who, under any of the circumstances
mentioned in par. 1 shall commit an act of sexual
assault by inserting his penis into another person’s
mouth or anal orifice, or any instrument or object,
into the genital or anal orifice of another person.
RA 8353- October 22, 1997
Amazingly in People vs. dela Torre 419 SCRA 18-
Both husband and wife was found guilty of raping their
female maid.
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In People vs. Soriano 388 SCRA 140, Supreme Court ruled


that inserting a finger inside the genital of a woman is rape
through sexual assault
Art 266-B. Penalties. Rape under paragraph 1 of
the next preceding article shall be punished by reclusion
perpetua.
Whenever the rape is committed with the use of a
deadly weapon or by two or more persons, the personality
shall be reclusion perpetua to death
When by reason or on occasion of the rape, the
victim became insane, the penalty shall be reclusion
perpetua to death.
When the rape is attempted and a homicide is
committed by reason or on the occasion thereof, the
penalty shall be reclusion perpetua to death.
When by reason or on the occasion of the rape,
homicide is committed, the penalty shall be death.
The penalty shall also be imposed if the crime of
rape is committed with any of the following aggravating
circumstances:
(1) When the victim id under 18 years of age and
the offender is a parent, ascendant, step-parent, guardian,
relative by consanguinity or affinity within the third civil
degree, or the common law spouse of the parent of the
victim.
(2) When the victim is under the custody of the
police or military authorities or any law enforcement or
penal institution.
(3) When the rape is committed in full view of the
spouse, parent, any of the children or other relative within
the third civil degree of consanguinity.
(4) When the victim is a religious engaged in
legitimate religious vocation or calling and is personally
known to be such by the offender before or at the time of
the commission of the crime.
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(5) When the victim is a childe below seven (7)


years old.
(6) When the offender knows before that he is
afflicted with human immune-deficiency virus
(HIV)/Acquired Immune Deficiency Syndrome (AIDS) or
any other sexually transmitted disease and the virus or
disease is transmitted to the victim.
(7) When committed by any member of the Armed
Forces of the Philippines or para-military units thereof or
the Philippine National Police or any law enforcement
agency or penal institution, when the offender took
advantage of his position to facilitate the commission of
the crime.
(8) When by reason or on the occasion of the rape,
the victim has suffered permanent physical mutilation or
disability.
(9) When the offender knew of the pregnancy of
the offended party at the time of the commission of the
crime.
(10) When the offender knew of the mental
disability, emotional disorder and/or physical handicap of
the offended party at the time of the commission of the
crime.
Rape under paragraph 2 of the next preceding
article shall be punished by prison mayor.
Whenever the rape is committed with the use of a
deadly weapon or by two or more persons, the penalty
shall be prison mayor to reclusion temporal.
When the rape is attempted and a homicide is
committed by reason or on the occasion thereof, the
penalty shall be reclusion temporal to reclusion perpetua.
When by reason or on the occasion of the rape,
homicide is committed, the penalty shall be reclusion
perpetua.
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Reclusion temporal shall also be imposed if the


rape is committed by any of the ten aggravating/qualifying
circumstances mentioned in this article (R.A. 8353).

Note: Only reclusion perpetua may be imposed under R.A.


9346.

Art. 266-C Effect of pardon -the subsequent valid


marriage between the parties shall extinguish the criminal
action or the penalty imposed. The forgiveness by the wife
shall extinguish the criminal action or the penalty.
In case it is the legal husband who is the offender,
the subsequent forgiveness by the wife as the offended
party shall extinguish the criminal action or the penalty:
Provided, that the crime shall not be extinguished or the
penalty shall not be abated if the marriage be void ab
initio. (R.A. 8353).
But the pardon will not benefit the accomplices and the
accessories. But in crimes against chastity pardon benefits
even the accomplices and the accessories.
Art 266-D. Presumptions. – Any physical overt act
manifesting resistance against the act of rape in any
degree from the offended party, or where the offended
party is so situated as to render her/him incapable of
giving consent, may be accepted as evidence in the
prosecution of the acts punished under Article 266-A. (R.A.
8353).

RA 9775
AN ACT DEFINING THE CRIME OF CHILD
PORNOGRAPHY, PRESCRIBING PENALTIES THEREFOR AND
FOR OTHER PURPOSES
SECTION 1. Short Title. – This Act shall be known as the
“Anti-Child Pornography Act of 2009”.
SEC. 3. Definition of Terms. –
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(a) “Children” refers to persons below eighteen (18) years


of age or those over but are unable to fully take care
of themselves or protect themselves from abuse,
neglect, cruelty, exploitation or discrimination because of a
physical or mental disability or condition.
For the purpose of this Act, a child shall also refer to:
(1) a person regardless of age who is presented, depicted
or believed to be a child as defined herein; and
(2) a computer-generated, digitally or manually crafted
images or graphics of a person who is represented or who
is made to appear to be a child as defined herein.
(b) “Child pornography” refers to any public or
private representation, by whatever means, of a child
engaged in real or simulated explicit sexual activities or
any representation of the sexual parts of a child for
primarily sexual purposes.
(c) “Child pornography materials” refers to the means
and methods by which child pornography is carried out:
(d) “Explicit sexual activity” refers to actual or simulated –
(1) Sexual intercourse or lascivious act including, but not
limited to, contact involving genital to genital, oral to
genital, anal to genital or oral to anal, whether between
persons of the same or opposite sex;
(2) Bestiality;
(3) Masturbation;
(4) Sadistic or masochistic abuse;
(5) Exhibition of the genitals, buttocks, breast, pubic area
and/or anus; or
(6) Use of any object or instrument for lascivious acts.

REPUBLIC ACT No. 8049


AN ACT REGULATING HAZING AND OTHER FORMS OF
INITIATION RITES IN FRATERNITIES, SORORITIES, AND
ORGANIZATIONS AND PROVIDING PENALTIES
THEREFORE.
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SECTION 1. HAZING DEFINED is an initiation rite or practice


as a prerequisite for admission into membership in a
fraternity, sorority or organization by placing the recruit,
neophyte or applicant in some embarrassing or humiliating
situations such as forcing him/her to do menial, silly,
foolish and similar tasks or activities or otherwise
subjecting him/her to physical or psychological suffering or
injury.

TITLE 9
CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

Art. 267. Kidnapping and serious illegal detention-


committed by any person who shall kidnap or detain
another, or in any other manner shall deprive him of his
liberty.
In order that this article may apply there must be
actual deprivation of liberty or locking up with motive to
resort to kidnapping or detention.
Elements of kidnapping and serious illegal detention:
1. A person kidnaps or detains another, or deprives
another of liberty;
2. The offender must be a private individual;
3. Any of the following circumstance must be present:
a. The kidnapping or detention must last for more than 3
days;
b. The kidnapping was done simulating public authority;
c. Any serious physical injuries are inflicted upon the
person kidnapped or threats to kill him are made.
d. The victim is a minor, female or a public officer.

Ransom- is any money price or consideration paid


or demanded for redemption of a captured person or a
payment that releases one from captivity.
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Under this law, it shall be unlawful for any hospital


or medical clinic to detain or cause the detention of
patients who have fully or partially recovered or have been
adequately attended to or who may have died, for reasons
of nonpayment of hospitals or medical expenses. The
remedy of the hospital is to demand from the patient to
execute a promissory note covering the unpaid obligation.
The promissory note shall be secured by either a mortgage
or by a guarantee of a co-maker, who will be jointly and
severally liable with the patient for the unpaid obligation.
Art. 268. Slight illegal detention- committed by
any private individual who shall commit the crimes
described in art 267 without the attendance of any of the
circumstances therein mentioned.
Elements of slight illegal detention:
1. The offender is a private individual;
2. He kidnaps or detains another or deprives that person
of his liberty;
3. The act is committed without the attendance of any of
the circumstances mentioned in article 267.
See RA 9439- Act Prohibiting the Detention of Patients
in Hospitals and Medical Clinics on Ground of Non Payment
of Hospital Bills or Medical Expenses
Art. 269. Unlawful arrest- committed by any
person without being authorized by law, or without
reasonable ground shall arrest or detain another for the
purpose of delivering him to the proper authorities.
Elements of unlawful arrest
The offender detains another
The purpose is to deliver him to authorities
It is not authorized by law or there is no reasonable
ground therefore.
Art. 270. Kidnapping and failure to return a minor-
committed by any person who, being entrusted with the
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custody of a minor, shall deliberately fail to restore the


latter to his parents or guardians.
What is actually being punished is not the
kidnapping of the minor but rather the deliberate failure
of the custodian of the minor to restore the latter to his
parents or guardians. The word deliberate implies
something more than mere negligence- it must be
premeditated, headstrong, or intentionally and maliciously
wrong- People vs. Pastrana 387 SCRA 342
Art. 271. Inducing a minor to abandon home-
committed by anyone who shall induce a minor to
abandon the home of his parents or guardians or the
persons entrusted with his custody.
Mere inducement consummates this crime. But if a
minor leaves because of his own free will no crime of
article 271 is committed.
A parent may become the offender in art. 271 as when the
custody of the child is granted to either of them.
Art. 272. Slavery (Pangaalipin)- committed by
anyone who shall purchase, sell, kidnap or detain a human
being for the purpose of enslaving him.
See RA 9208 Anti Trafficking in Persons Act
Art. 273. Exploitation of child labor
(Pagsasamantala sa mga batang manggagawa)-
committed by anyone who under the pretext of
reimbursing himself of a debt incurred by an ascendant,
guardian, or person entrusted with the custody of a minor
shall against the latter will retain him in his service.
Art. 274. Services rendered under compulsion in
payment of debt.-committed by any person who, in order
to require or enforce the payment of a debt, shall compel
the debtor to work for him, against his will, as household
servant or farm laborer.
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Art. 275. Abandonment of persons in danger and


abandonment of ones own victim- committee by anyone
who shall fail:
(a) to render assistance to person whom he shall find in an
uninhabited place wounded or in danger of dying
(b) to render assistance to another whom he has
accidentally wounded or injured fail to deliver an
abandoned child under 7 whom he found to his parents or
authorities.
Art. 276. Abandoning a minor- committed by
anyone who shall abandon a child under 7 years of age,
the custody of which is incumbent upon him.
Art. 277. Indifference of parents- committed by
the parents who shall neglect their children by not giving
them the education which their station in life requires and
financial conditions permit.
Art. 278. Exploitation of minors
See RA 9231
Art 280. Qualified trespass to dwelling
(Kwalipikadong pagpasok sa tahanan)- committed by
private individual who shall enter the dwelling of another
against the latter’s will. (Simple)
Elements of trespass to dwelling:
1. The offender is a private person;
2. He enters the dwelling of another;
3. The entrance is against the will of the latter.
Trespass becomes qualified when committed by
means of violence or intimidation
Against the will of the owner signifies that the
mere absence of owner’s consent is not enough to make
the crime trespass.
To commit trespass the entrance must be against
the expressed or presumed prohibition of the owner.
Mere lack of permission is not to be confused with
prohibition
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Enumerate the absolutory causes in article 280:


There is no penalty if the trespass is committed
when the trespassers entered to prevent some serious
harm to himself, or to the occupants of the dwelling or
third persons
entered for the purpose of rendering some service to
humanity or justice entered cafes, taverns, inn and other
public houses, while the same are open
Dwelling- is the place of abode where one resides and
which satisfies the requirements of domestic life. It is any
building or structure exclusively used for rest and comfort.
Art. 282. Grave threats (Malubhang pananakot)-
committed by any person who shall, threaten another with
the infliction upon the person, honor, or property of the
latter or of his family of any wrong amounting to a crime.
Elements of grave threats one (where offender attained
his purpose):
1. The offender threatens another with the infliction upon
the latter’s person, honor or property, or upon his family
of any wrong.
2. The wrong amounts to a crime;
3. There is demand for money or that any other condition
is imposed, even though not unlawful;
4. The offender attains his purpose.
Elements of grave threats two (threats not subject to
condition)
1. The offender threatens another with the infliction upon
the latter’s person, honor, or property, or upon his family
of any wrong;
2. Such wrong amount to a crime;
3. The threat is not subject to a condition.
The accused in grave threats dos not expect or demand
the delivery on the spot of the thing asked by him,
otherwise the felony may be robbery
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Art. 283. Light threats- is threat to commit a wrong


not constituting a crime, a crime made in the manner
expressed in subdivision one of article 282.
Elements of light threats:
1. The offender makes a threat to commit a wrong;
2. The wrong does not constitute a crime
3. A demand for money or other condition is imposed
even though not unlawful;
4. The offender has attained or has not attained his
purpose.
Art. 284. Bond for good behavior- the person
making the threats may be required to give bail not to
molest the person threatened, if he shall fail to give such
bail, he shall be sentenced to destierro.
Art. 285. Other light threats- committed by any
person who shall:
Threaten another with a weapon, or draw such
weapon in a quarrel unless it be a lawful self defense
Orally threaten another with some harm
constituting a crime, who by subsequent acts shows that
he did not persist in the idea involved in the threat.

Note: it is in this article that unjust vexation falls.

Art. 286. Grave coercion (Malubhang pamimilit)–


committed by any person who without authority of law
shall by means of violence, threats or intimidation, prevent
another from doing something not prohibited by law, or
compels him to do something against his will, whether it
be right or wrong.
Elements of grave coercion:
1. A person is prevented from doing something not
prohibited by law, or that he is compelled to do something
against his will whether it is right or wrong;
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2. The prevention or compulsion is effected by violence,


threats or intimidation;
3. The offender did the act has no authority of law or had
no right to do so.
Art. 287. Light coercion- committed by any person
who by means of violence, shall seize anything belonging
to his debtor for the purpose of applying the same to the
payment of debt. Any other coercion or unjust vexation is
also punished.
Elements of light coercion:
1. The offender seizes anything belonging to his debtor
2. The offender must be the creditor of the offended
party;
3. The seizure is done by means of violence or display of
force producing intimidation;
4. The purpose of the offender in doing the act is to apply
the thing seized to the payment of debt of the debtor.
Unjust vexation (di makatarungang paninikis)- any human
conduct which, although not productive of some physical
or material harm, would unjustly annoy or vex an innocent
person.
Art. 288. Other similar coercions. (compulsory
purchase of merchandise and payment of wages by
tokens) Committed by anyone who shall compel his
employee or laborers to purchase merchandise or
commodities of any kind.
Also it is illegal for any person to pay the wage due to
an employee by means of token or objects other than legal
tender.

REPUBLIC ACT NO. 4200


(Anti Wire Tapping Law)
AN ACT TO PROHIBIT AND PENALIZE WIRE TAPPING AND
OTHER RELATED VIOLATIONS OF THE PRIVACY OF
COMMUNICATION, AND FOR OTHER PURPOSES
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PRESIDENTIAL DECREE NO. 1727


DECLARING AS UNLAWFUL THE MALICIOUS
DISSEMINATION OF FALSE INFORMATION OR THE
WILLFUL MAKING OF ANY THREAT CONCERNING BOMBS,
EXPLOSIVES OR ANY SIMILAR DEVICE OR MEANS OF
DESTRUCTION AND IMPOSING PENALTIES THEREFOR.
Sec. 1. Any person who, by word of mouth or through the
use of the mail, telephone, telegraph, printed materials
and other instrument or means of communication, willfully
makes any threat or maliciously conveys, communicates,
transmits, imparts, passes on, or otherwise disseminates
false information, knowing the same to be false,
concerning an attempt or alleged attempt being made to
kill, injure, or intimidate any individual or unlawfully to
damage or destroy any building, vehicle, or other real or
personal property, by means of explosives, incendiary
devices, and other destructive forces of similar nature or
characteristics, shall upon conviction be punished with
imprisonment of not more than five (5) years, or a fine or
not more than forty thousand pesos (P40,000.00) or both
at the discretion of the court having jurisdiction over the
offense herein defined and penalized..

REPUBLIC ACT NO. 9439


(Anti Hospital Detention Law)
AN ACT PROHIBITING THE DETENTION OF PATIENTS IN
HOSPITALS AND MEDICAL CLINICS ON GROUNDS OF
NONPAYMENT OF HOSPITAL BILLS OR MEDLCAL
EXPENSES

TITLE 10
CRIMES AGAINST PROPERTY
Robbery, (Pagnanakaw) defined- is a crime committed by
any person who, with intent to gain, shall take the
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personal property belonging to another, by means of


violence against or intimidation of any person, or using
force upon anything.
Asportation - the carrying away or the felonious removal
of goods.
Animus lucrandi- is intent to gain of the accused
Art. 294. Robbery with violence against or
intimidation of persons-
Robbery with homicide; Robbery with rape; Robbery with
mutilation; Robbery with arson; Robbery with Physical
injuries
simple Robbery.
Elements of robbery in general:
1. There is a personal property;
2. The personal property must belong to another;
3. The offender took the property;
4. The taking was done with violence against or
intimidation of person or by using force upon things;
5. The taking must be done with intent to gain.
When more than 3 armed malefactors take part in
the commission of robbery, it shall be deemed to have
been committed by a band. Any member of the band, who
is present at the commission of robbery by the band, shall
be punished as principal of any of the assaults committed
by the band, unless it be shown that he attempted to
prevent the same.
Homicides, murders, physical injuries regardless of
numbers, committed on the occasion or by reason of the
robbery are merged in the composite crime of robbery
with homicide. Remember: Whenever homicide is
committed as a consequence of or on the occasion of the
robbery, all those who took part as principals in the
robbery will also be held guilty as principals in the special
complex crime of robbery with homicide, unless it is shown
that they endeavored to prevent the homicide. In robbery
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with rape, the intent to take the personal property of the


offended party must precede the rape. In robbery with
rape also, the additional rapes, regardless of number
committed by the same accused should not be considered
as aggravating circumstance- People vs. Regala 329 SCRA
707.
ROBBERY vs. GRAVE THREATS
In robbery, the intimidation is actual or immediate,
in threats, intimidation is conditional or future
In robbery, gain of the culprit is immediate, in
threats, it is not immediate.
ROBBERY vs. GRAVE COERCION
In both, violence is used by the offender
In robbery there is intent to gain, such element is
not found in coercion
ROBBERY vs. BRIBERY
It is robbery when the victim has not committed a
crime and the victim is intimidated with arrest to get his
money or property, it is bribery when the victim has
committed a crime, and he gives money to avoid arrest.
In robbery, the lost of money is not voluntary, in bribery
the money is lost voluntarily.

Art. 299 Robbery in an inhabited house or public


building or edifice devoted to worship (robbery by the
use of force upon things)
Art. 302. Robbery in an uninhabited place or in a private
building.
Art. 304. Possession of picklocks or similar tools-
committed by any person who shall have in his possession
or shall make picklocks or similar tools specially adopted to
the commission of the crime of robbery
Art. 306. Brigands (tulisan) - When more than
three armed persons form a band of robbers for the
purpose of extortion or to obtain ransom or for any other
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purpose to be attained by means of force and violence


they shall be deemed to be highway robbers or brigands.

PD 532 amended Art. 306 it is no longer required that


there be at least 4 armed persons forming a band of
robbers. See People vs. Agomo 334 SCRA 279
Art. 308. Theft (Pang-uumit) - committed by any
person who with intent to gain but without violence
against, or intimidation of persons nor force upon things,
shall take personal property of another without the latter’s
consent.
Elements of theft:
1. There is a taking of personal property;
2. The property belongs to another;
3. The taking was done with intent to gain;
4. The taking is not done with the use of force upon
things, or violence against or intimidation of persons.
Theft is likewise committed by: a. Any person having found
lost property shall fail to deliver the same to the local
authorities or its owner; b. any person after having
maliciously damaged the property of another, shall
remove or make use of the fruits or object of the damage
caused by him; c. any person who shall enter an enclosed
estate or field where trespass is forbidden or which
belongs to another and without the consent of its owner,
shall hunt or fish upon the same or shall gather fruits,
cereals or other forest or farm products.
Art. 310. Qualified theft.- theft is qualified if
committed by a domestic servant, or with grave abuse of
confidence, or if the stolen property is mail matter or
coconut taken from coconut plantation, or fish taken from
fishpond or fishery, or if property is taken on the occasion
of fire, earthquake, typhoon, volcanic eruption, or any
other calamity or civil disturbance
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Art. 311. Theft of the property of the national


library and national museum
In People vs. Batton 55OG1388, the truck driver
who sold the gasoline contents of his serviced truck to
another was found guilty of qualified theft. In People vs.
Locson 67 Phil 325, the teller of a bank who had in her
possession cash deposits and appropriated it for herself
was likewise held guilty of qualified theft. But in People vs.
Solis 64 OG 11261- the accused was held guilty of arson
not qualified theft, it appearing that he took the personal
property with the ultimate purpose of burning it
Art. 312. Occupation of real property or
usurpation of real rights in property.- committed by any
person who by means of violence against or intimidation
of persons, shall take possession of any real property or
shall usurp any real rights in property belonging to
another.
Art. 313. Altering boundaries or landmarks-
committed by any person who shall alter the boundary
marks or monuments of towns, provinces, or estates, or
any other marks intended to designate the boundaries of
the same
Art. 314. Fraudulent insolvency- committed by
any person who shall abscond with his property to the
prejudice of his creditors
Elements of fraudulent insolvency:
1. The offender is a debtor;
2. He absconds with his property to the prejudice of his
creditor.
Art. 315. Swindling (Estafa)
ELEMENTS OF ESTAFA IN GENERAL
1. The accused defrauded another by means of deceit or
abuse of confidence;
2. Damage or prejudice capable of pecuniary estimation is
caused to the offended party or third person.
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Estafa is committed by any person who shall defraud


another by any of the following means:
1. With unfaithfulness or abuse of confidence:
By altering the substance, quantity, or quality of
anything of value which the offender shall deliver by virtue
of an obligation to do so, even though such obligation be
based on an immoral or illegal consideration;
By misappropriating or converting, to the prejudice
of another, money, goods, or other personal property,
received by the offender in trust, or on commission, or for
administration, or under any other obligation involving the
duty to make delivery of, or to return the same, even
though such obligation be totally or partially guaranteed
by a bond; or by denying having received such money,
goods, or other property;
See PD 115, The Trust Receipt Law, where the offender
may also be held liable with.
Here demand is necessary, although it may
become unnecessary if and when there is evidence there is
evidence of misappropriation of the goods by the
defendant. If a firearm illegally possessed by another or
unlawfully used by a criminal was confiscated by the
police, what crime does he commit if he misappropriates
the confiscated firearm? Answer: Malversation. But if it is
not used in a crime or is not illegally possessed and the
policeman took it then the crime is Estafa.
By taking undue advantage of the signature of the
offended party in blank, and by writing any document
above such signature in blank, to the prejudice of the
offended party or any third person.
2. By means of false pretense or fraudulent acts (by
means of deceit)
By using fictitious names, or falsely pretending to
possess power, influence, qualifications, property, credit,
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agency, business or imaginary transactions, or by means of


similar deceits.
Here the paper, with the signature in blank must be
delivered by the offended party to the offender because if
not the element of abuse of confidence can hardly be
proven. But the offense may come under Falsification by
attributing to another that he had participated in an act or
proceeding when in truth and in fact he did not so
participate.
What crime is committed by another who shall steal
another person’s passbook and after doing so, shall forge
the signature of the depositor enabling him to withdraw
the amount represented by the passbook account? The
crime committed is the complex crime of Estafa through
Falsification of Commercial or Official Document. How
about if a person forges a sweepstakes ticket to make it
appear that it has the winning combination and he was
able to encash the sweepstakes ticket. The crime is Estafa
through Forgery (Falsification). What crime is committed
by one who shall steal the pawnshop ticket of another and
after doing so shall present the same to the pawnshop and
thus enabling him to redeem the property pawned? The
crime committed is Estafa through theft :
By altering the quality, fineness, or weight of
anything pertaining to his art or business;
By pretending to have bribed any government
employee.
By postdating a check, or issuing a check in
payment of an obligation when the offender had no funds
in the bank, or his funds deposited therein were not
sufficient to cover the amount of the check. The failure of
the drawer of the check to deposit the amount necessary
to cover his check within 3 days from receipt of the notice
from the bank and or the payee/holder that said check has
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been dishonored shall be prima facie evidence of deceit


constituting false pretenses or fraudulent act.
See Also BP 22 The Anti Bouncing Checks Law.
By obtaining any food, refreshment or
accommodation at a hotel, inn, restaurant, boarding
house, lodging house or apartment house and the like
without paying therefore, with intent to defraud, or by
obtaining credit therein by the use of false pretense, or by
abandoning or surreptitiously removing any part of his
baggage therein after obtaining credit, refreshment,
accommodation therein without paying therefrom
3. Through any of the following fraudulent means: (By
means of deceit)
a. By inducing another through deceit, to sign any
document;
b. By resorting to some fraudulent practice to insure
success in a gambling game;
c. By removing, concealing or destroying, any court record,
office files, document or any other papers.
Art. 316. Other forms of swindling: committed by
any person who:
1. Pretending to be the owner of any real property, shall
sell, encumber, or mortgage it;
2. Knowing that a real property is encumbered shall
dispose of the same, although the encumbrance is not
recorded;
3. The owner of a personal property who shall wrongfully
take it from the lawful possessor, to the prejudice of the
latter or any third person;
4. Any person to the prejudice of another shall execute a
fictitious contract;
5. Any person who shall accept any compensation under
the belief that it was in payment of services or labor
performed by him, when in fact, he did not actually
perform such services or labor.
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6. Any person who, while being a surety in a bond given in


a criminal or civil action, without express authority from
the court or before the cancellation of his bond or before
being relieved from the obligation contracted by him, shall
sell, mortgage, or , in any other manner, encumber the
real property or properties with which he guaranteed the
fulfillment of such obligation.
Art. 317. Swindling a minor- committed by any
person who shall take advantage of the inexperience and
emotions of a minor by inducing him to assume any
obligation or to give any release or execute any transfer of
any property right in consideration of some loan of money
credit, or other personal property to the detriment of the
minor.
Art. 318. Other deceits- committed by any person
who shall defraud or damage another by any other deceit
not mentioned in the preceding article.
It is also committed by any person who for profit or
gain shall interpret dreams, make forecast or fortunes, or
take advantage of the credulity of the public in any other
similar manner.
In Guinhawa vs. People Aug. 25, 2005 , selling a
used car as brand new car was constitutive of other
deceits punished by Article 318 of the RPC

Art. 319. Removal, sale, or pledge of mortgaged


property.-committed by any person who:
1. Shall knowingly remove any personal property
mortgaged under the Chattel Mortgage Law to any
province or city other than the one in which it was located
at the time of the execution of the mortgage, without the
written consent of the mortgagee or his executors or
assigns.
2. Being a mortgagor shall pledge or sell personal property
already pledged, or any part thereof, under the terms of
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the Chattel Mortgage Law, without the consent of the


mortgagee written on the back of the mortgage and noted
on the record thereof in the office of the register of deeds
of the province where such property is located.
Art. 320. Destructive arson- committed by any
person who shall burn:
1. One or more building or edifices;
2. Any building of private or public ownership;
3. Any train, ship or vessel, airship or airplane;
4. Any building, factory, warehouse installation which are
devoted to the service of public utilities;
5. Any building the burning of which is for concealing or
destroying evidence of another violation of law, or
concealing bankruptcy or defrauding creditors or to collect
from insurance.
6. Any arsenal, shipyard, military powder or fireworks
factory or museum of the government;
7. In an inhabited place, any storehouse or factory of
inflammable or explosive materials.
See PD 1613- The Law Amending The Law on Arson under
the RPC.
Sec. 2- Destructive arson-
Special aggravating circumstance in arson:
1. If committed with intent to gain;
2. If committed for the benefit of another;
3. If the offender is motivated by spite or hatred towards
the owner or the occupant;
4. If committed by a syndicate

* There is no crime of arson with homicide/murder.


Section 5 PD 1613 says, “If by reason or on the occasion of
arson death results the penalty is Reclusion Perpetua to
Death.”
Similar to Article 320 with a slight difference in
enumeration. See also Section 3. The other cases of arson.
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The arson is committed by a syndicate if it is planned or


carried out by a group of three or more persons.
Prima Facie Evidence of Arson:
1. If the fire started simuleneously in more than one part
of the building;
2. If substantial amount of flammable substances or
materials are stored within the building not necessary, in
the business of the offender;
3/ If gasoline, petroleum, or other flammable or
combustible substances or materials soaked therewith or
mechanical or electrical contrivance designed to start a
fire or ashes or traces thereof are found in the ruins of the
premises;
4. If the building or property is insured for substantially
more that its actual value;
5. If during the lifetime of the insurance policy more than
two fires have occurred in the same or other premises
owner or controlled of the offender;
6. If shortly before the fire, substantial portion of the
effects insured and stored in a building had been
withdrawn from the premises;
7. If demand for money was made in exchange for the
desistance of the offender.
Note: Section 7 of PD 1613 punishes the mere conspiracy
to commit arson
Note: Arts. 320-326 deemed modified or amended by PD
1613
Art. 327. Malicious mischief (Sadyang
pamiminsala) - committed by any person who shall
deliberately cause to the property of another damage not
falling within the terms of the preceding chapter.
Art. 327 itself does not provide for a penalty for
malicious mischief. Malicious mischief-may also be
defined as the willful damaging of another’s property for
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the sake of causing damage due to hate, revenge or other


evil motive.
Elements of malicious mischief:
1. The offender caused damage to the property of the
offended party;
2. It was done deliberately;
3. Such act does not constitute arson or other crimes
involving destruction;
4. The act was committed merely for the sake of
damaging the property.
Art. 328. Special cases of malicious mischief
(qualified malicious mischief)
Special cases of malicious mischief include:
1. Causing damage to obstruct the performance of public
functions;
2. Using any poisonous or corrosive substances;
3. Spreading infection or contagion among cattle;
4. Causing damage to the property of the national
museum or library, or to any road, promenade or any
other thing used in common by the public
Art. 330. Damage and obstruction to means of
communication- committed by any person who shall
damage any railway, telegraph or telephone lines.
Art. 331. Destroying or damaging statues, public
monuments, or paintings
Art. 332. Persons exempt from criminal liability.
1. Spouses, ascendants and descendants, or relatives by
affinity in the same line;
2. The widowed spouse with respect to the property which
belonged to the deceased spouse before it passed to the
possession of another;
3. Brothers and sisters and brothers in law and sisters in
law, if living together.
Crimes involved in the exemption are:
1. Theft
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2. Swindling or Estafa
3. Malicious mischief

PD 1612
Anti Fencing Law
Section 1. Title. - This decree shall be known as the "Anti-
Fencing Law."
a. "Fencing" is the act of any person who, with intent to
gain for himself or for another, shall buy, receive, possess,
keep, acquire, conceal, sell or dispose of, or shall buy and
sell, or in any other manner deal in any article, item, object
or anything of value which he knows, or should be known
to him, to have been derived from the proceeds of the
crime of robbery or theft.

b. "Fence" includes any person, firm, association


corporation or partnership or other organization
who/which commits the act of fencing.

REPUBLIC ACT NO. 8484


AN ACT REGULATING THE ISSUANCE AND USE OF ACCESS
DEVICES, PROHIBITING FRAUDULENT ACTS COMMITTED
RELATIVE THERETO, PROVIDING PENALTIES AND FOR
OTHER PURPOSES.
Section 1. Short title. — This Act shall be known as the
"Access Devices Regulation Act of 1998."
(a) Access Device — means any card, plate, code, account
number, electronic serial number, personal identification
number, or other telecommunications service, equipment,
or instrumental identifier, or other means of account
access that can be used to obtain money, good, services, or
any other thing of value or to initiate a transfer of funds
(other than a transfer originated solely by paper
instrument);
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TITLE XI
CRIMES AGAINST CHASTITY

Art. 333. Adultery- committed by any married


woman who shall have sexual intercourse with a man not
her husband and by the man who has carnal knowledge of
her, knowing her to be married.
Elements of adultery:
1. The offender is a married woman;
2. She has sexual intercourse with a man not her husband;
3. As to the man whom she had sexual intercourse with,
he must know her to be married.
In Pilapil vs. Ibay Somera 174 SCRA 656, Imelda
Pilapil a Filipina, was married to a German national. Later,
the German national sued for divorce in his native
Germany. The German court granted the divorce petition.
It was alleged by the German national that even during his
cohabitation with the Filipina wife, the latter was already
having an affair with another man. The German sued
Imelda for adultery allegedly committed during the time of
their marriage. The Supreme Court of the Philippines ruled
that the German national already lost his right to file the
case, on the ground that the status of the complainant
versus the accused must be determined as of the time of
the filing of the complaint. Thus, the person who initiates
the adultery case must be an offended spouse, and by this
is meant that he is still married to the accused spouse, at
the time of the filing of the compliant.
Art. 334. Concubinage (Pambabae)- committed by
a husband who shall keep a mistress in the conjugal
dwelling, or, shall have sexual intercourse under
scandalous circumstances with a woman not his wife, or
shall cohabit with her in any other place.
Elements of concubinage:
1. The offender (man) must be married;
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2. He committed any of the following:


a. Keeping a mistress in the conjugal dwelling.
b. Having sexual intercourse under scandalous
circumstances with a woman not his wife.
c. Cohabiting with her in any other place.
3. As regards the woman offender (concubine) she must
know him to be married.
Art. 336. Acts of lasciviousness (Mga aktong
malalaswa) - committed by any person who shall commit
any act of lasciviousness upon other persons of either sex,
under the circumstances mentioned in the crime of rape.
Elements of acts of lasciviousness:
1. The offender is either sex who commits any act of
lasciviousness or lewdness.
2. It is done under any of the following circumstances:
a. Using force or intimidation;
b. When the offended party is deprived of reason or
otherwise unconscious;
c. When the offended party is a person of either sex
Art. 337. Qualified seduction (Kwalipikadong
panghihibo)- committed by any person in public authority,
or priest, home servant, domestic guardian, teacher, or
any person who, in any capacity, shall be entrusted with
the education or custody of a virgin over 12 but under 18
years of age who shall have carnal knowledge with her.
It may also be committed by a brother or an
ascendant, whether or not the woman is a virgin or over
18 years old.
Seduction, defined- it is enticing a woman to unlawful
sexual intercourse by promise of marriage or other means
of use or persuasion.
Elements of Qualified Seduction:
1. The woman is a virgin
2. She is 12-18 years of age
3. The offender had sex with her
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4. There is abuse of authority, relationship or confidence.


Virginity- the condition of a female who has not
experience sex.
Dumb Law From the Net
Defloration- rupture of the hymen as a result of sexual
intercourse
KINDS OF VIRGINITY
1. Moral virginity- the state of not knowing the
nature of sexual life and not having experience sexual
relations.
2. Physical virginity- a state where a woman is
aware of sexual life but has not experienced sexual
intercourse
3. Demi virgin- woman who permits any form of
sexual liberties as long as the partner abstain from
rupturing her hymen
4. Virgo intacta.- a woman who has had previous
sex but had not given birth.
Art. 338. Simple seduction (Payak na panghihipo)-
committed by seducing a woman who is single or a widow
of good reputation, over 12 but under 18 years old,
committed by means of deceit.
ELEMENTS OF SIMPLE SEDUCTION
1. Offended party is under 12-18 years of age
2. She is of good reputation, single, widow
3. Offender had sexual intercourse with the offended
woman
4. There is deceit
Deceit generally takes in the form of promise of marriage
Art. 339. Acts of lasciviousness with the consent
of the offended party- committed by the same persons
and under the same circumstances as those provided in
article 337 and 338.
ELEMENTS OF ACTS OF LASCIVIOUSNESS WITH CONSENT
OF OFFENDED PARTY
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1. The offender commits acts of lewdness


2. The victim is a woman who is:
a. virgin
b. single or widow of good reputation
c. 12-18 years of age
3. the offender used abuse of authority, confidence,
relationship, or deceit.
Art. 340. Corruption of minors- committed by any
person who shall promote or facilitate the prostitution or
corruption of persons under age to satisfy the lust of
another.
Art. 341. White slave trade (Pagbili ng laman)-
committed by any person who, in any manner, or under
any pretext, shall engage in the business or shall profit by
prostitution or shall enlist the services of any other for the
purpose of prostitution.
Art. 342. Forcible abduction (Pagpilit na pag-agaw
sa babae)- the abduction of any woman against her will
and with lewd designs.
Abduction, defined- taking away of a woman for the
purpose of marrying or corrupting her.
ELEMENTS OF FORCIBLE ABDUCTION
1. The victim is any woman of any age or civil status or
reputation;
2. The abduction is against her will;
3. The abduction is with lewd design.
Lewd design may be defined as the intention to abuse a
woman. If the main purpose in abducting a woman is
simply to rape her, the crime committed is “rape” not
forcible abduction with rape.
Art. 343. Consented abduction (Sinangayunang
pag-agaw sa babae) - the abduction of a virgin over 12
and under 18 years of age, carried out with her consent
and with lewd design.
Elements of consented abduction:
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1. The offended party must be a virgin.


2. She must be over 12 and under 18 years of age;
3. Her taking away must be with her consent, normally
after solicitation or cajolery from the accused.
4. The taking away of the woman must be with lewd
design.
Art. 344. Prosecution of the crimes of adultery,
concubinage, seduction, abduction, rape and acts of
lasciviousness
Summary of the Rules in article 344:
1. Both of the offenders must be included in the
prosecution if both are alive.
2. Private crimes such as seduction, abduction, acts of
lasciviousness, shall not be prosecuted except upon
complaint of the following in the order:
a. offended party;
b. her parents;
c. grandparents
d. guardian (Note: Effect of pardon)
3. Marriage in cases of seduction, abduction and acts of
lasciviousness shall extinguish the criminal action or remit
the penalty. It shall be applicable to co principals,
accomplices, and accessories after the fact.
Art. 345. Civil liability of persons guilty of rape,
seduction or abduction:
To indemnify the offended woman
To acknowledge the offspring, unless the law should
prevent him from so doing
In every case to support the offspring

REPUBLIC ACT NO. 9995


AN ACT DEFINING AND PENALIZING THE CRIME OF
PHOTO AND VIDEO VOYEURISM, PRESCRIBING
PENALTIES THEREFOR, AND FOR OTHER PURPOSES
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Section 1. Short Title. - This Act shall be known as the


"Anti-Photo and Video Voyeurism Act of 2009".cralaw
(d) "Photo or video voyeurism" means the act of taking
photo or video coverage of a person or group of persons
performing sexual act or any similar activity or of capturing
an image of the private area of a person or persons
without the latter's consent, under circumstances in which
such person/s has/have a reasonable expectation of
privacy, or the act of selling, copying, reproducing,
broadcasting, sharing, showing or exhibiting the photo or
video coverage or recordings of such sexual act or similar
activity through VCD/DVD, internet, cellular phones and
similar means or device without the written consent of the
person/s involved, notwithstanding that consent to record
or take photo or video coverage of same was given by such
person's.cralaw
Sec. 4. Prohibited Acts. - It is hereby prohibited and
declared unlawful for any person:
(a) To take photo or video coverage of a person or group of
persons performing sexual act or any similar activity or to
capture an image of the private area of a person/s such as
the naked or undergarment clad genitals, public area,
buttocks or female breast without the consent of the
person/s involved and under circumstances in which the
person/s has/have a reasonable expectation of privacy;
(b) To copy or reproduce, or to cause to be copied or
reproduced, such photo or video or recording of sexual act
or any similar activity with or without consideration;
(c) To sell or distribute, or cause to be sold or distributed,
such photo or video or recording of sexual act, whether it
be the original copy or reproduction thereof; or
(d) To publish or broadcast, or cause to be published or
broadcast, whether in print or broadcast media, or show or
exhibit the photo or video coverage or recordings of such
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sexual act or any similar activity through VCD/DVD,


internet, cellular phones and other similar means or device.
The prohibition under paragraphs (b), (c) and (d) shall
apply notwithstanding that consent to record or take
photo or video coverage of the same was given by such
person/s. Any person who violates this provision shall be
liable for photo or video voyeurism as defined
herein.cralaw
Sec. 5. Penalties. - The penalty of imprisonment of not less
that three (3) years but not more than seven (7) years and
a fine of not less than One hundred thousand pesos
(P100,000.00) but not more than Five hundred thousand
pesos (P500,000.00), or both, at the discretion of the court
shall be imposed upon any person found guilty of violating
Section 4 of this Act.

REPUBLIC ACT NO. 7877


AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN
THE EMPLOYMENT,EDUCATIONORTRAINING,ENVIRONM
ENTAND FOR OTHER PURPOSES.
SECTION 1. Title. - This Act shall be known as the "Anti-
Sexual Harassment Act of 1995."
SECTION 7. Penalties. - Any person who violates the
provisions of this Act shall, upon conviction, be penalized
by imprisonment of not less than one (1) month nor more
than six (6) months, or a fine of not less than Ten thousand
pesos (P10,000) nor more than Twenty thousand pesos
(P20,000), or both such fine and imprisonment at the
discretion of the court.

REPUBLIC ACT NO. 9208


Section 1. Title. This Act shall be known as the "Anti-
Trafficking in Persons Act of 2003".
(a) Trafficking in Persons - refers to the recruitment,
transportation, transfer or harboring, or receipt of persons
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with or without the victim's consent or knowledge, within


or across national borders by means of threat or use of
force, or other forms of coercion, abduction, fraud,
deception, abuse of power or of position, taking advantage
of the vulnerability of the person, or, the giving or receiving
of payments or benefits to achieve the consent of a person
having control over another person for the purpose of
exploitation which includes at a minimum, the exploitation
or the prostitution of others or other forms of sexual
exploitation, forced labor or services, slavery, servitude or
the removal or sale of organs.
The recruitment, transportation, transfer, harboring or
receipt of a child for the purpose of exploitation shall also
be considered as "trafficking in persons" even if it does not
involve any of the means set forth in the preceding
paragraph.

TITLE 12
CRIMES AGAINST THE CIVIL STATUS OF PERSONS

Art. 347. Simulation of births, substitution of one


child for another, and concealment or abandonment of a
legitimate child (Pagpapanggap sa pagkapanganak, ang
pagpapalit ng isang bata ng iba at pagtatago o pag-
abandona sa isang lehitimong bata.
Art. 348. Usurpation of civil status (Pag-angkin ng
estado sibil) - committed by any person who shall usurp
the civil status of another.
Art. 349. Bigamy- committed by any person who
shall contract a second or subsequent marriage before the
former marriage has been legally dissolved, or before the
absent spouse has been declared presumptively dead.
Elements of bigamy:
1. The offender is legally married to another;
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2. The marriage has not been legally dissolved, in case the


other spouse is absent, the absentee could not be
presumed dead yet and there is no judicial declaration to
that effect yet;
3. The offender contracts a second or subsequent
marriage;
4. The second or subsequent marriage must have all the
essential requisites for validity.
* PD 1083 Muslim Law on Family Relations
In Morigo vs. People 422 SCRA 377, Lucio Morigo and
Lucia Barrete were a married couple. Later Lucio Morigo
married a second woman. Lucia filed a case of bigamy
against Lucio. The Supreme Court acquitted Lucio of the
charge of bigamy on the ground that it was convinced that
there was no actual marriage ceremony performed
between Lucio and Lucia by a solemnizing officer. Instead
what transpired was a mere signing of the marriage
contract by the two, without the presence of a solemnizing
officer. Thus, the marriage is void ab initio in accordance
with Articles 3 and 4 of the Family Code. The first element
of bigamy requires that the accused must have been
legally married. But in this case, Lucio was never married
to Lucia.
Art. 350. Marriage contracted against provisions
of law.-committed by any person who shall contract
marriage knowing that the requirements of the law have
not been complied with or that the marriage is in
disregard of legal impediment.
Elements of marriage contracted against provisions of the
law:
1. The offender contracted a marriage;
2. At the time of the marriage he knew that the
requirements of the law were not complied with or the
marriage was in disregard of a legal impediment.
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Art. 351. Premature marriage (Pagpapakasal ng di pa


panahon)- committed by any widow who shall marry
within 301 days from the date of the death of her
husband, or before having delivered if she shall have been
pregnant at the time of his death.
It is also committed by a woman whose marriage
has been annulled or dissolved, if she shall marry before
her delivery or before the expiration of 301 days after the
legal separation
TITLE 13
CRIMES AGAINST HONOR
Chapter One
Art. 353. Libel
A libel is a public and malicious imputation of a
crime, or of a vice or defect, real or imaginary, or any act,
omission, condition, status, or circumstance tending to
cause the dishonor, discredit, or contempt of a natural or
juridical person, or to blacken the memory of one who is
dead
In Brillante vs. CA 474 SCRA 480- the SC found
Brillante guilty as charged of libel, but by virtue of his
peculiar circumstance, the penalty of imprisonment was
deleted. He was only made to pay a certain amount of
fine. (Is this judicial legislation?)
In People vs. Scheneckenburger cited in Diego v.
Castillo, the accused who secured a foreign divorce, and
later remarried in the Philippines, in the belief that the
foreign divorce was valid, was held liable for bigamy
Elements of libel (defamation)
1. There is an imputation of a crime, a vice, defect, real or
imaginary, or any act, omission, circumstance, status or
condition;
For imputation to be libelous, the following are the
requisites:
a. it must be defamatory;
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b. it must be malicious;
c. it must have been given publicity
d. the victim must be identifiable.
2. The imputation is done publicly;
3. It must be malicious;
4. The imputation is directed against a natural or juridical
person, or one who is dead;
5. The imputation tends to cause the dishonor, discredit
or contempt of the person defamed.
Calumny
In Ogie Diaz vs. People of the Philippines 25 May
2007, the accused a showbiz columnist wrote the
following article in a newspaper known as “bandera”:
Inamin ni Henson na limang beses na niyang ginalaw si
Ms. S. Pero hindi ko pinasok ang akin sa ano niya dahil siya
rin ang may ayaw. Ang sabi niya kasi sa akin, isa siyang
malinis na babae at hindi siya basta basta
nagpapaganuon. So ang ginawa naming, ipit method. The
private complainant claimed that she was the Miss. S.
alluded to in the column considering that her screen name
is Patricia Santillan. She sued Diaz for libel. The Supreme
Court acquitted Diaz on the ground that in the suit for
libel, it is essential that the victim be identifiable, although
it is not necessary that the victim be named. The article
fails to show that Miss S. and Florinda Santillan are one
and the same person. In MVRS Publications, Inc. vs.
Islamic Da’ wah Council of the Philippines 396 SCRA 216.
the latter sued the former for libel for having published an
article containing the following: Alam ba ninyo na ang mga
baboy at kahit anung uri ng hayop sa Mindanao ay hindi
kinakain ng mga Muslim. Para sa kanila ang mga ito ay
sagradong bagay. Hindi nila ito kailangang kainin kahit na
sila pa ay magutom at mawalan ng ulam. Ginagawa nila
itong dios at sinasamba pa sa kanilang araw ng
pangingilin lalung lalu na sa araw ng Ramadan” The SC
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acquitted the accused on the ground that the statement


published did not specifically identify nor refer to any
particular individual who were purportedly the subject of
the alleged libelous publication. But in Buatis vs. People
485 SCRA 278, the SC affirmed the conviction of the
accused after he sent an open letter to the complainant
calling the latter: Lousy, inutile, carabao English etc.
It was found out that the letter was dictated by the
accused to his secretary, copy furnished all concerned and
was put inside the mail box without any envelope, thus
open to the public. The victim was also identifiable as the
letter was addressed to the complainant himself. (SC
however deleted the penalty of imprisonment and imposed
a fine of six thousand pesos only)
Multiple Publication Rule- a single defamatory statement,
if published several times, gives rise to as many offenses as
there are publications.

Art. 358. Slander (Pagmumura) - oral defamation


Two kinds of oral defamation:
1. Simple slander or oral defamation;
2. Grave slander or grave oral defamation.
Slander is libel committed by oral means, instead of in
writing
Art. 359. Slander by deed(Paninirang puring kilos)-
committed by any person who shall perform any act not
included in title 13, which shall cast dishonor, discredit, or
contempt upon another person
Elements of slander by deed:
1. The offended performed any act not included in any
other crime against honor;
2. The act is performed in the presence of other person/s;
3. The act casts dishonor, discredit or contempt upon the
offended party.
Art. 360. Persons responsible (venue)
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Slander by deed may also be defined as a crime


against honor which is committed by performing any act
which casts dishonor, discredit, or contempt upon another
person.
In Villanueva vs. People 487 SCRA 42, the SC ruled
that pointing a dirty finger ordinarily connotes the phrase
“Fuck You” which is similar to “Putang-Ina mo”. It was held
to be a case of simple slander by deed where the penalty
of arresto menor was imposed.
Art. 361. Proof of truth- in prosecutions for libel
proof of truth may be given in evidence and if it appears
that the matter charged as libelous is true and that it was
published with good motives and for justifiable ends, the
defendant shall be acquitted.
Proof of the truth of an imputation of an act or
omission not constituting a crime shall not be admitted,
unless the imputation shall be made against the
government employee with respect to facts related to the
discharge of their duties.

Chapter 2
Incriminatory Machinations

Art. 363. Incriminating innocent person


(Pagpaparatang ng krimen sa mga walang kasalanang
tao)- committed by any person who by any act not
constituting perjury, shall directly incriminate or impute to
an innocent person the commission of a crime
Art. 364. Intriguing against honor (Panunudyo
laban sa karangalan) - committed by any person who shall
cast intrigue which has for its principal purpose to blemish
the honor or reputation of a person.
As an element of incriminatory machination, the act must
not constitute perjury.
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ADMINISTRATIVE CIRCULAR No. 08-2008


SUPREME COURT
Article 355 of the Revised Penal Code penalizes libel,
committed by means of writing, printing, lithography,
engraving, radio, phonograph, painting, theatrical
exhibition, cinematographic exhibition, or any similar
means, with prision correccional in its minimum and
medium periods or a fine ranging from 200 to 6,000 pesos,
or both, in addition to the civil action which may be
brought by the offended party.

TITLE 14
QUASI OFFENSES
ART. 365. Imprudence and negligence.

Reckless imprudence, defined- consists in


voluntarily, but without malice, doing or failing to do an
act from which material damage results by reason of
inexcusable lack of precaution of the person performing or
failing to perform such act, taking into consideration his
employment or occupation, degree of intelligence,
physical condition and other circumstances regarding
persons, time and place.
Simple imprudence defined- consists in the lack of
precaution displayed in neither those cases in which the
damage impending to be caused is not immediate nor the
danger clearly manifest.
The correct caption of a criminal information
involving article 365 should read: Reckless imprudence
resulting in Homicide and not Homicide thru Reckless
Imprudence which is somehow inaccurate and misleading.
In US vs. Villanueva 31 PHIL. 412, Villanueva out of
curiosity attempted to grab the bolo unsheath from the
scabbard of the complainant. This alerted the complaint
who instinctively caught at the bolo to retain it and in so
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catching it in his right hand, the said bolo wounded him


across the palm of his hand. The complainant sued
Villanueva for the injury. The SC acquitted Villanueva,
because he did not wound , strike or assault the
complainant, it appearing that the wounded complainant
wounded himself.
Last Clear Chance Doctrine- a doctrine which says
that the contributory negligence of one party injured, will
not prevent his case against another who by the exercise
of reasonable care, could have avoided the accident.
Right of Way- a rule which determines precedence
between two motor vehicles approaching an intersection,
the right of way being given to the MV on the right
Otherwise stated, when two MV approach an intersection
at approximately the same time, the MV on the left should
yield to the MV on the right.
Art. 366. Application of laws enacted prior to this Code.
This article exemplifies the prospective provision or
irretrospectivity character of the RPC

Art. 367. Repealing clause


* Article 367 is the last article of the RPC
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CRIMINAL PROCEDURE

RULE 110 - PROSECUTION OF OFFENSES


A.M. NO. 02-2-07-SC [Effective May 01, 2002]
Amendments to Section 5, Rule 110 of the Revised
Rules of Criminal Procedure.
RULE 111 - PROSECUTION OF CIVIL ACTION
RULE 112 - PRELIMINARY INVESTIGATION
RULE 113 - ARREST
RULE 114 - BAIL
RULE 115 - RIGHTS OF ACCUSED
RULE 116 - ARRAIGNMENT AND PLEA
RULE 117 - MOTION TO QUASH
RULE 118 - PRE-TRIAL
RULE 119 - TRIAL
RULE 120 - JUDGMENT
RULE 121 - NEW TRIAL OR RECONSIDERATION
RULE 122 - APPEAL
RULE 123 - PROCEDURE IN THE MUNICIPAL TRIAL
COURTS
RULE 124 - PROCEDURE IN THE COURT OF APPEALS
RULE 125 - PROCEDURE IN THE SUPREME COURT
RULE 126 - SEARCH AND SEIZURE
RULE 127 - PROVISIONAL REMEDIES IN CRIMINAL
CASES
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Criminal procedure = It is defined as a method fixed


for the apprehension and prosecution of person
alleged to have committed a crime and for their
punishment, in case of conviction.

System of Criminal Procedure:


1. Inquisitorial – Prosecution of crime is
exclusively in the hands of the officer or agent
of the states who conducts investigation with
secrecy, and the use of force, torture,
intimidation in procuring confession from the
suspect.
2. Accusatorial – Prosecution is left in the hands
of the prosecuting arms of the government.
The suspect has the right to be informed of
the charges and given the opportunity to
defend himself.
3. Mixed – is the combination of the first two
systems especially with respect to their good
features.

Rules of Criminal procedure shall be liberally


construed in favor of the accused and strictly against
the State.

Jurisdiction = derived from the Latin word “juris” and


“dico” meaning “I speak by the law”.
= it is the power or authority to hear to try
cases.
Venue = it is the geographical division or the
territorial limits where powers of the court can be
exercise.
KINDS OF JURISDICTION:
1) General – when the court is empowered to decide
all disputes which may come before it except
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those assigned to other courts. Example: RTC


2) Limited – when the court has the authority to hear
and determine only a few specified cases.
Example: Sharia court.
3) Original – when the court can try and hear a case
presented for the first time. Ex. MTC &RTC
4) Appellate – when the court can try a case already
heard and decided by a lower court, removed
from the latter by appeal.
5) Exclusive – when the court can try and decide a
case which cannot be presented before any
other court.
6) Concurrent – when any of two or more courts may
take cognizance of a case.

BP 129 = otherwise known as the Judiciary


Reorganization Act of 1980

SC

Court of Court of Sandigan


Tax Appeal Appeals Bayan

RTC District
Sharia
Court

MTC Sharia
Court
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Municipal Trial Court (Municipal trial court,


Metropolitan trial court, Municipal Circuit Trial court
exercise exclusive jurisdiction on :
1. Over all violations of city or municipal
ordinances committed within their
respective territorial jurisdiction;
2. Over all offenses punishable with
imprisonment not exceeding six (6) years
regardless of the fine and other accessory
penalties;
3. Where the only penalty provided by law us
fine not exceeding 4,000.00;

Others:
1. Offenses involving damage to property
through criminal negligence;
2. Only cases involving failure to register or
failure to vote which are election cases;
3. Cases involving BP> 22
Regional Trial Court
1. All criminal cases not within the exclusive
jurisdiction of any court, tribunal or body
except those falling under the exclusive
jurisdiction of Sandiganbayan;
2. All criminal cases where penalty is higher than
6 years, imprisonment
Other cases which are lodge in the RTC’s
jurisdiction:
1. Law on written defamation or libel
2. Decree on Intellectual property
3. Dangerous Drug cases
4. Appellate jurisdiction over all cases decided by
the MTCs in their respective jurisdiction.
General rule: Offended party cannot go directly to
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court to file a criminal action; EXCEPT:


1. Where the accused is under detention;
2. Where the person has been deprived of
personal liberty calling for habeas corpus
proceedings;
3. Where action are coupled with provisional
remedies;
Requisites for valid exercise of criminal jurisdiction:
1. Jurisdiction over the person (obtained either
by arrest or voluntary surrender of the
accused)
2. Jurisdiction over the territory (jurisdiction
over the place where the crime is committed
or where any of the elements of the crime
exist).
3. Jurisdiction over the subject matter
(determined by law, based on the extent of
penalty impossible and the nature of the crime
committed)

THE REVISED RULES OF CRIMINAL PROCEDURE


(RULES 110 - 127, RULES OF COURT)
[Effective December 1, 2000]

RULE 110 - PROSECUTION OF OFFENSES


Section 1. Institution of criminal actions.– Criminal
actions shall be instituted as follows:
(a) For offenses where a preliminary investigation is
required pursuant to section 1 of Rule 112, by filing
the complaint with the proper officer for the purpose
of conducting the requisite preliminary investigation.
(b) For all other offenses, by filing the complaint or
information directly with the Municipal Trial Courts
and Municipal Circuit Trial Courts, or the complaint
with the office of the prosecutor. In Manila and other
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chartered cities, the complaints shall be filed with the


office of the prosecutor unless otherwise provided in
their charters.
The institution of the criminal action shall interrupt
the running of the period of prescription of the
offense charged unless otherwise provided in special
laws.
Sec. 3. Complaint Sec. 4. Information
Sec. 2. Both must be in writing in the name of the
People of the Philippines (plaintiff) vs. the
accused.
1. Sworn Statement; 1. Need not be
2. Signed by (a) offended sworn;
party, (b) peace officer, (c) 2. Signed by the
any public officer; Prosecutor (fiscal);
3. Filed either to the office of 3. Filed with the
the prosecutor or to the court.
court.
Sec. 5. Who must prosecute criminal actions. – All
criminal actions commenced by a complaint or
information shall be prosecuted under the direction
and control of the prosecutor. However, in Municipal
Trial Courts or Municipal Circuit Trial Courts when the
prosecutor assigned thereto or to the case is not
available, the offended party, any peace officer, or
public officer charged with the enforcement of the
law violated may prosecute the case. This authority
shall cease upon actual intervention of the prosecutor
or upon elevation of the case to the Regional Trial
Court. (Read A.M. NO. 02-2-07-SC [Effective May 01,
2002] Latest Amendments to Section 5, Rule 110 of
the Revised Rules of Criminal Procedure which
provides: "
Section 5. Who must prosecute criminal action. - All
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criminal actions either commenced by complaint or


by information shall be prosecuted under the
direction and control of a public prosecutor. In case
of heavy work schedule of the public prosecutor or
in the event of lack of public prosecutors, the private
prosecutor may be authorized in writing by the Chief
of the Prosecution Office or the Regional State
Prosecutor to prosecute the case subject to the
approval of the court. Once so authorized to
prosecute the criminal action, the private prosecutor
shall continue to prosecute the case up to end of the
trial even in the absence of a public prosecutor,
unless the authority is revoked or otherwise
withdrawn. x x x" ).
Private crimes such as:
1. Seduction, Abduction & Act of lasciviousness =
complaints shall be filed by the offended party
(in case of minor victim, parents, grandparents
and guardians are allowed to file a complaint
on behalf of the minor-victim;
2. In cases of Adultery and Concubinage= a
complaint should be filed by the offended
spouse indicating the name of both the
spouse and the paramour, Unless consented
or otherwise pardoned by the offended
spouse.
The offended party, even if a minor, has the right to
initiate the prosecution of the offenses of seduction,
abduction and acts of lasciviousness independently of
her parents, grandparents, or guardian, unless she is
incompetent or incapable of doing so. Where the
offended party, who is a minor, fails to file the
complaint, her parents, grandparents, or guardian
may file the same. The right to file the action granted
to parents, grandparents, or guardian shall be
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exclusive of all other persons and shall be exercised


successively in the order herein provided, except as
stated in the preceding paragraph.
No criminal action for defamation which consists in
the imputation of any of the offenses mentioned
above shall be brought except at the instance of and
upon complaint filed by the offended party.
The prosecution for violation of special laws shall be
governed by the provision thereof.
Sec. 6. Sufficiency of complaint or information. – A
complaint or information is sufficient if it states:
a. the name of the accused (Sec. 7);
b. the designation of the offense given by the
statute;
c. the acts or omissions complained of as
constituting the offense;
d. the name of the offended party;
e. the approximate date of the commission of
the offense; and
f. the place where the offense was committed.
When an offense is committed by more than one
person, all of them shall be included in the complaint
or information.
Name of the accused. – The complaint or information
must:
= state the name and surname of the accused or
any appellation or nickname by which he has been
or is known. If his name cannot be ascertained, he
must be described under a fictitious name with a
statement that his true name is unknown.
If the true name of the accused is thereafter
disclosed by him or appears in some other manner to
the court, such true name shall be inserted in the
complaint or information and record.(Sec.7, Rule 110)
Designation of the offense.–The complaint or
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information shall state the designation of the offense


given by the statute, aver the acts or omissions
constituting the offense, and specify its qualifying and
aggravating circumstances. If there is no designation
of the offense,reference shall be made to the section
or subsection of the statute punishing it (Sec. 8)

Cause of the accusation.–The acts or omissions


complained of as constituting the offense and the
qualifying and aggravating circumstances must be
stated in ordinary and concise language and not
necessarily in the language used in the statute (Sec.
9).
Place of commission of the offense. – The complaint
or information is sufficient as long as it can show that
the crime or any of its essential elements was
committed in some place, Except when the place of
commission is an element of a crime such as in the
case of violation of domicile or in trespass to dwelling
(Sec. 10).
In which offended is the particular place where the
offense was committed indispensable? (1) Violation
of domicile; (2) Trespass to dwelling; and (3) Violation
of election law (Prohibiting the carrying of a deadly
weapon within a 30 –meter radius of polling places).
Date of commission of the offense. - It is not
necessary to state in the complaint or information the
precise date the offense was committed except when
it is a material ingredient of the offense (Sec. 11).
In what offenses are the time of the
commission of the offense essential? (1) Infanticide;
(2) Violation of Sunday Law; and (3) Abortion
In What cases is the name of the offended
party is indispensable? (1) slander; (2) Libel; (3)
Robbery with violence and intimidation.
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Name of the offended party. – The complaint or


information must state the name and surname of the
person against whom or against whose property the
offense was committed, or any appellation or
nickname by which such person has been or is known.
If there is no better way of identifying him, he must
be described under a fictitious name.
(a) In offenses against property, if the name of the
offended party is unknown, the property must be
described with such particularity as to properly
identify the offense charged.
(b) If the true name of the person against whom or
against whose property the offense was committed is
thereafter disclosed or ascertained, the court must
cause such true name to be inserted in the complaint
or information and the record.
(c) If the offended party is a juridical person, it is
sufficient to state its name, or any name or
designation by which it is known or by which it may
be identified, without need of averring that it is a
juridical person or that it is organized in accordance
with law (Sec. 12).
Sec. 13. Duplicity of the offense. – A complaint or
information must charge only one offense, except
when the law prescribes a single punishment for
various offenses.
Gen. Rule: A complaint or information must charged
only one offense.
Exception: When the law provides only one
punishment for various offenses: (1) compound; (2)
Complex crime; and (3) Special Complex crime.
 Charging two or more offenses in
complaint is a ground for motion to quash.
 Failure of the accused to object to duplicity
of offenses will be (1) waiver of right to
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object; and (2) he may be convicted of as


many offenses as charged.
Sec. 14. Amendment or substitution. – A complaint or
information may be amended, in form or in
substance, without leave of court and when it can be
done without causing prejudice to the rights of the
accused.
However, any amendment before plea, which
downgrades the nature of the offense charged in or
excludes any accused from the complaint or
information, can be made only upon motion by the
prosecutor, with notice to the offended party and
with leave of court. The court shall state its reasons
in resolving the motion and copies of its order shall be
furnished all parties, especially the offended party.
If it appears at anytime before judgment that a
mistake has been made in charging the proper
offense, the court shall dismiss the original complaint
or information upon the filing of a new one charging
the proper offense in accordance with section 19,
Rule 119, provided the accused shall not be placed in
double jeopardy. The court may require the witnesses
to give bail for their appearance at the trial.

Amendments of the Complaint:


1. Before Plea, A complaint or information can
be amended as to form or substance without
leave of court, EXCEPT: (1) if amendment will
downgrade the offenses; and (2) If information
drops an accused from the said information.
Formal Amendments: (1) by additional allegation of
habitual delinquency and recidivism; (2) Change of
information from frustrated homicide to
consummated homicide; (3) additional allegation of
conspiracy and changing the nature of the offense
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due to supervening event.


2. After plea, Amendments as to form can be
made with leave of court.
Place where action is to be instituted. - (a) Subject to
existing laws, the criminal action shall be instituted
and tried in the court of the municipality or territory
where the offense was committed or where any of its
essential ingredients occurred.
(b) On train, aircraft, or other public or private
vehicle in the course of its trip = the criminal action
shall be instituted and tried in the court of any
municipality or territory where such train, aircraft, or
other vehicle passed during its trip, including the
place of its departure and arrival.
(c) On Board vessel = shall be instituted and tried in
the court of the first port of entry or of any
municipality or territory where the vessel passed
during such voyage, subject to the generally
accepted principles of international law.
(d) Crimes committed outside the Philippines but
punishable under Article 2 of the Revised Penal Code
shall be cognizable by the court where the criminal
action is first filed. (Sec. 15).
Where the civil action for recovery of civil liability is
instituted in the criminal action pursuant to Rule 111,
the offended party may intervene by counsel in the
prosecution of the offense (Sec. 16).

RULE 111 - PROSECUTION OF CIVIL ACTION


Section 1. Institution of criminal and civil actions. –
Civil Action is deemed instituted with the criminal
action – only those civil actions for the recovery of
civil liability arising from the offense under Art 100 of
the RPC.
Gen. Rule: Civil action is not necessarily extinguished
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by the acquittal of the accused. Court can still award


civil liability when:
1. The acquittal is based on reasonable doubt;
2. There is a declaration in the decision that the
liability of the accused is only civil;
3. When the civil liability is not based on the act
of which the accused is acquitted.
Independent civil actions are those provided in
Articles 32, 33,34 and 2176 of the Civil Code.—They
may proceed independently of the criminal action
and they shall required Preponderance of evidence
(sec. 3)
The Civil Action is not deemed instituted when:
1. The offended party has waived the civil
action;
2. The offended party has instituted the civil
action prior to the institution of the criminal
action;
3. The offended party has reserved the right to
institute the civil action separately; (note: the
reservation should be made before the
prosecution presents its evidence).
Civil liability includes or constitutes: Restitution,
Reparation and Indemnity for consequential damages
(b) The criminal action for violation of Batas
Pambansa Blg. 22 shall be deemed to include the
corresponding civil action. No reservation to file such
civil action separately shall be allowed.
Upon filing of the aforesaid joint criminal and civil
actions, the offended party shall pay in full the filing
fees based on the amount of the check involved,
which shall be considered as the actual damages
claimed. Where the complaint or information also
seeks to recover liquidated, moral, nominal,
temperate or exemplary damages, the offended party
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shall pay additional filing fees based on the amounts


alleged therein. If the amounts are not so alleged but
any of these damages are subsequently awarded by
the court, the filing fees based on the amount
awarded shall constitute a first lien on the judgment.
Where the civil action has been filed separately and
trial thereof has not yet commenced, it may be
consolidated with the criminal action upon
application with the court trying the latter case. If the
application is granted, the trial of both actions shall
proceed in accordance with section 2 of this Rule
governing consolidation of the civil and criminal
actions.
Sec. 2. When separate civil action is suspended. –
When is the separate dependent civil action
suspended?
1. After the criminal action has been
commenced, the dependent civil action arising
therefrom cannot be instituted until final
judgment has been entered in the criminal
action;
2. When the criminal action is filed after the civil
action was instituted, the civil action shall be
suspended in whatever stage it may be found
until the final judgment is rendered in the
criminal action.
EXCEPT: when there exist prejudicial question
arising in a previously filed civil action which
should be resolved first.
Independent civil action (Art. 32, 33, 34 and 2176 of
the civil code) may continue even if the criminal
action has been instituted
Criminal action can still be filed against the
accused when the accused is absolved of civil liability
in a civil action because (1) the outcome of the civil
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action is not in anyway determinative of the guilt or


innocence of the respondent in a criminal case; (2)
The State is a party is a criminal action, while only the
private offended party is a party in a civil case; (3) The
quantum of proof in a civil action is only
preponderance of evidence, while what is required in
the criminal action is proof beyond reasonable doubt.
Effect of death on civil actions. –
a. The death of the accused after arraignment
and during the pendency of the criminal
action= shall extinguish the civil liability arising
from the delict.
b. Independent civil action instituted under
section 3 of this Rule or which thereafter is
instituted to enforce liability arising from
other sources of obligation may be continued
against the estate or legal representative of
the accused after proper substitution or
against said estate, as the case may be.
c. The heirs of the accused may be substituted
for the deceased without requiring the
appointment of an executor or administrator
and the court may appoint a guardian ad litem
for the minor heirs.
The court shall forthwith order said legal
representative or representatives to appear and be
substituted within a period of thirty (30) days from
notice.
A final judgment entered in favor of the offended
party shall be enforced in the manner especially
provided in these rules for prosecuting claims against
the estate of the deceased.
If the accused dies before arraignment, the case
shall be dismissed without prejudice to any civil
action the offended party may file against the estate
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of the deceased. (Sec. 4)


Sec. 5. Judgment in civil action not a bar. – A final
judgment rendered in a civil action absolving the
defendant from civil liability is not a bar to a criminal
action against the defendant for the same act or
omission subject of the civil action.
Sec. 6. Suspension by reason of prejudicial question.
– A petition for suspension of the criminal action
based upon the pendency of a prejudicial question in
a civil action may be filed in the office of the
prosecutor or the court conducting the preliminary
investigation. When the criminal action has been filed
in court for trial, the petition to suspend shall be filed
in the same criminal action at any time before the
prosecution rests.
Sec. 7. Elements of prejudicial question. – The
elements of a prejudicial question are: (a) the
previously instituted civil action involves an issue
similar or intimately related to the issue raised in the
subsequent criminal action, and (b) the resolution of
such issue determines whether or not the criminal
action may proceed.

RULE 112 - PRELIMINARY INVESTIGATION


Section 1. Preliminary investigation defined; when
required. – Preliminary investigation is an inquiry or
proceeding to determine whether there is sufficient
ground to engender a well-founded belief that a
crime has been committed and the respondent is
probably guilty thereof, and should be held for trial.
Except as provided in Section 7 of this Rule, a
preliminary investigation is required to be conducted
before the filing of a compliant or information for an
offense where the penalty prescribed by law is at
least four (4) years, two (2) months and one (1) day
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without regard to the fine.


Sec. 2. Officers authorized to conduct preliminary
investigations.–The following may conduct
preliminary investigations:
(a) Provincial or City Prosecutors and their assistants;
(b) Judges of the Municipal Trial Courts and
Municipal Circuit Trial Courts;
(c) National and Regional State Prosecutors; and
(d) Other officers as may be authorized by law.
Their authority to conduct preliminary
investigations shall include all crimes cognizable by
the proper court in their respective territorial
jurisdictions.
Note: Judges are no longer authorized to conduct
preliminary Investigation.
Sec. 3. Procedure.– The preliminary investigation
shall be conducted in the following manner: (a) The
complaint shall state the address of the respondent
and shall be accompanied by the affidavits of the
complainant and his witnesses, as well as other
supporting documents to establish probable cause.
They shall be in such number of copies as there are
respondents, plus two (2) copies for the official file.
The affidavits shall be subscribed and sworn to before
any prosecutor or government official authorized to
administer oath, or, in their absence or unavailability,
before a notary public, each of whom must certify
that he personally examined the affiants and that he
is satisfied that they voluntarily executed and
understood their affidavits.
(b) Within ten (10) days after the filing of the
complaint, the investigating officer shall either
dismiss it if he finds no ground to continue with the
investigation, or issue a subpoena to the respondent
attaching to it a copy of the complaint and its
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supporting affidavits and documents.


The respondent shall have the right to examine the
evidence submitted by the complainant which he may
not have been furnished and to copy them at his
expense. If the evidence is voluminous, the
complainant may be required to specify those which
he intends to present against the respondent, and
these shall be made available for examination or
copying by the respondent at his expense.
Objects as evidence need not be furnished a party
but shall be made available for examination, copying,
or photographing at the expense of the requesting
party.
(c) Within ten (10) days from receipt of the
subpoena with the complaint and supporting
affidavits and documents, the respondent shall
submit his counter-affidavit and that of his witnesses
and other supporting documents relied upon for his
defense. The counter-affidavits shall be subscribed
and sworn to and certified as provided in paragraph
(a) of this section, with copies thereof furnished by
him to the complainant. The respondent shall not be
allowed to file a motion to dismiss in lieu of a
counter-affidavit.
(d) If the respondent cannot be subpoenaed, or if
subpoenaed, does not submit counter-affidavits
within the ten (10) day period, the investigating office
shall resolve the complaint based on the evidence
presented by the complainant.
(e) The investigating officer may set a hearing if
there are facts and issues to be clarified from a party
or a witness. The parties can be present at the
hearing but without the right to examine or cross-
examine. They may, however, submit to the
investigating officer questions which may be asked to
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the party or witness concerned.


The hearing shall be held within ten (10) days from
submission of the counter-affidavits and other
documents or from the expiration of the period for
their submission. It shall be terminated within five (5)
days.
(f) Within ten (10) days after the investigation, the
investigating officer shall determine whether or not
there is sufficient ground to hold the respondent for
trial.
Sec. 4. Resolution of investigating prosecutor and its
review. – If the investigating prosecutor finds cause
to hold the respondent for trial, he shall prepare the
resolution and information. He shall certify under
oath in the information that he, or as shown by the
record, an authorized officer, has personally
examined the complainant and his witnesses; that
there is reasonable ground to believe that a crime has
been committed and that the accused is probably
guilty thereof; that the accused was informed of the
complaint and of the evidence submitted against him;
and that he was given an opportunity to submit
controverting evidence. Otherwise, he shall
recommend the dismissal of the complaint.
Within five (5) days from his resolution, he shall
forward the record of the case to the provincial or city
prosecutor or chief state prosecutor, or to the
Ombudsman or his deputy in cases of offenses
cognizable by the Sandigan bayan in the exercise of
its original jurisdiction. They shall act on the
resolution within ten (10) days from their receipt
thereof and shall immediately inform the parties of
such action.
No complaint or information may be filed or
dismissed by an investigating prosecutor without the
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prior written authority or approval of the provincial or


city prosecutor or chief state prosecutor or the
Ombudsman or his deputy.
Where the investigating prosecutor recommends
the dismissal of the complaint but his
recommendation is disapproved by the provincial or
city prosecutor or chief state prosecutor or the
Ombudsman or his deputy on the ground that a
probable cause exists, the latter may, by himself, file
the information against the respondent, or direct
another assistant prosecutor or state prosecutor to
do so without conducting another preliminary
investigation.
If upon petition by a proper party under such rules
as the Department of Justice may prescribe or motu
propio, the Secretary of Justice reverses or modifies
the resolution of the provincial or city prosecutor or
chief state prosecutor, he shall direct the prosecutor
concerned either to file the corresponding
information without conducting anther preliminary
investigation, or to dismiss or move for dismissal of
the complaint or information with notice to the
parties. The same rule shall apply in preliminary
investigations conducted by the officers of the Office
of the Ombudsman.
Sec. 5. Resolution of investigating judge and its
review.
– Within ten (10) days after the preliminary
investigation, the investigating judge shall transmit
the resolution of the case to the provincial or city
prosecutor, or to the Ombudsman or his deputy in
cases of offenses cognizable by the Sandiganbayan in
the exercise of its original jurisdiction, for appropriate
action. The resolution shall state the findings of facts
and the law supporting his action, together with the
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record of the case which shall include: (a) the


warrant, if the arrest is by virtue of a warrant; (b) the
affidavits, counter-affidavits and other supporting
evidence of the parties; (c) the undertaking or bail of
the accused and the order for his release; (d) the
transcripts of the proceedings during the preliminary
investigation; and (e) the order of cancellation of his
bail bond, if the resolution is for the dismissal of the
complaint.
Within thirty (30) days from receipt of the records,
the provincial or city prosecutor, or the Ombudsman
or his deputy, as the case may be, shall review the
resolution of the investigating judge on the existence
of probable cause. Their ruling shall expressly and
clearly state the facts and the law on which it is based
and the parties shall be furnished with copies thereof.
They shall order the release of an accused who is
detained if no probable cause is found against him.

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
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issue must be resolved by the court within thirty (30)


days from the filing of the complaint of information.
(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 or
city prosecutor, or by the Ombudsman or his deputy,
and the corresponding information is filed, he shall
issue a warrant 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 detention 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
court shall them proceed in the exercise of its original
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jurisdiction.
Sec. 7. When accused lawfully arrested without
warrant. – When a person is lawfully arrested
without a warrant involving an offense which requires
a preliminary investigation, the complaint or
information may be filed by a prosecutor without
need of such investigation provided an inquest has
been conducted in accordance with existing rules. In
the absence or unavailability of an inquest
prosecutor, the complaint may be filed by the
offended party or a peace officer directly with the
proper court on the basis of the affidavit of the
offended party or arresting officer or person.
Before the complaint or information is filed, the
person arrested may ask for a preliminary
investigation in accordance with this Rule, but he
must sign a waiver of the provision of Article 125 of
the Revised Penal Code, as amended, in the presence
of his counsel. Notwithstanding the waiver, he may
apply for bail and the investigation must be
terminated within fifteen (15) days from its inception.
After the filing of the complaint or information in
court without a preliminary investigation, the accused
may, within five (5) days from the time he learns of its
filing, ask for a preliminary investigation with the
same right to adduce evidence in his defense as
provided in this Rule.
Sec. 8. Records. – (a) Records supporting the
information or complaint. – An information or
complaint filed in court shall be supported by the
affidavits and counter-affidavits of the parties and
their witnesses, together with the other supporting
evidence and the resolution on the case.
(b) Record of preliminary investigation. – The record
of the preliminary investigation, whether conducted
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by a judge or a prosecutor, shall not form part of the


record of the case. However, the court, on its own
initiative or on motion of any party, may order the
production of the record or any of its part when
necessary in the resolution of the case or any incident
therein, or when it is to be introduced as an evidence
in the case by the requesting party.
Sec. 9. Cases not requiring a preliminary
investigation nor covered by the Rule on Summary
Procedure. – (a) If filed with the prosecutor. – If the
complaint is filed directly with the prosecutor
involving an offense punishable by imprisonment of
less than four (4) years, two (2) months and one (1)
day, the procedure outlined in section 3(a) of this
Rule shall be observed. The prosecutor shall act on
the complaint based on the affidavits and other
supporting documents submitted by the complainant
within ten (10) days from its filing.
(b) If filed with the Municipal Trial Court. – If the
complaint or information is filed with the Municipal
Trial Court or Municipal Circuit Trial Court for an
offense covered by this section, the procedure in
section 3 (a) of this Rule shall be observed. If within
ten (10) days after the filing of the complaint or
information, the judge finds no probable cause after
personally evaluating the evidence, or after
personally examining in writing and under oath the
complainant and his witnesses in the form of
searching questions and answers, he shall dismiss the
same. He may, however, require the submission of
additional evidence, within ten (10) days from notice,
to determine further the existence of probable cause.
If the judge still finds no probable cause despite the
additional evidence, he shall, within ten (10) days
from its submission or expiration of said period,
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dismiss the case. When he finds probable cause, he


shall issue a warrant of arrest, or a commitment order
if the accused had already been arrested, and hold
him for trial. However, if the judge is satisfied that
there is no necessity for placing the accused under
custody, he may issue summons instead of a warrant
of arrest.

RULE 113 - ARREST


Definition of arrest. – Arrest is the taking of a person
into custody in order that he may be bound to answer
for the commission of an offense.(Sec.1)
Arrest; how made. –
(a) An arrest is made by an actual restraint of a
person to be arrested, or
(b) By his submission to the custody of the person
making the arrest.
No violence or unnecessary force shall be used in
making an arrest. The person arrested shall not be
subject to a greater restraint than is necessary for his
detention. (Sec. 2)
Duty of arresting officer. – It shall be the duty of the
officer executing the warrant to arrest the accused
and deliver him to the nearest police station or jail
without unnecessary delay. (Sec. 3.)
Execution of warrant. –
10 days period of execution of warrant of arrest.
10 days to return with the issuing court and
reason for failure to execute.
Warrantless Arrest – 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 (In flagrante
Delicto);
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(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 (hot pursuit); 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 delivered to the nearest police station or
jail and shall be proceeded against in accordance with
section 7 of Rule 112. (Sec. 5)
Note: In addition to the three warrantless arrest
under Rule 113, Sec 5, other forms of warrantless
arrest are: (Rule 113, Sec 13-Arrest after rescue; Rule
114, Sec. 23-Arrest by bondsman; Arrest incidental to
a valid search).
Sec. 6. Time of making arrest. – An arrest may be
made on any day and at any time of the day or
night.
Sec. 7. Method of arrest by officer by virtue of
warrant.
– When making an arrest by virtue of a warrant, the
officer shall inform the person to be arrested of the
cause of the arrest and the fact that a warrant has
been issued for his arrest, except when he flees or
forcibly resists before the officer has opportunity to
so inform him, or when the giving of such information
will imperil the arrest. The officer need not have the
warrant in his possession at the time of the arrest but
after the arrest, if the person arrested so requires, the
warrant shall be shown to him as soon as practicable.
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Arrest by Officer Arrest by Private person


=inform the person of =inform the person of
his authority and the his authority and the
cause of the arrest cause of the arrest
(unless under certain (unless under certain
condition) condition)
= Right to summon = right to break in or out
assistance, to break into is not accorded to a
building to effect arrest private person in making
and to break out to an arrest.
liberate himself.
Sec. 13. Arrest after escape or rescue. – If a person
lawfully arrested escapes or is rescued, any person
may immediately pursue or retake him without a
warrant at any time and in any place within the
Philippines.
Sec. 14. Right of attorney or relative to visit person
arrested. – Any member of the Philippine Bar shall, at
the request of the person arrested or of another
acting in his behalf, have the right to visit and confer
privately with such person in the jail or any other
place of custody at any hour of the day or night.
Subject to reasonable regulations, a relative of the
person arrested can also exercise the same right.
RULE 114 - BAIL
Bail defined. – Bail is the security given for the
release of a person in custody of the law, furnished by
him or a bondsman, to guarantee his appearance
before any court as required under the conditions
hereinafter specified. Bail may be given in the form of
corporate surety, property bond, cash deposit, or
recognizance. (Sec. 1)
Conditions of the bail; requirements. – All kinds of
bail are subject to the following conditions: (a) The
undertaking shall be effective upon approval, and
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unless cancelled, shall remain in force at all stages of


the case until promulgation of the judgment of the
Regional Trial Court, irrespective of whether the case
was originally filed in or appealed to it;
(b) The accused shall appear before the proper court
whenever required by the court of these Rules;
(c) The failure of the accused to appear at the trial
without justification and despite due notice shall be
deemed a waiver of his right to be present thereat. In
such case, the trial may proceed in absentia; and
(d) The bondsman shall surrender the accused to the
court for execution of the final judgment.
The original papers shall state the full name and
address of the accused, the amount of the
undertaking and the conditions required by this
section. Photographs (passport size) taken within the
last six (6) months showing the face, left and right
profiles of the accused must be attached to the bail.
(Sec. 2)
No release or transfer except on court order or bail.
– No person under detention by legal process shall be
released or transferred except upon order of the
court or when he is admitted to bail. (Sec. 3).
Bail, a matter of right; exception. –
When Bail is a matter of right? –It is a matter
of right :
(a) before or after conviction by the Metropolitan
Trial Court, Municipal Trial Court, Municipal Trial
Court in Cities, or Municipal Circuit Trial Court, and
(b) before conviction by the Regional Trial court
of an offense not punishable by death, reclusion
perpetua, or life imprisonment. (Sec. 4)
When bail is discretionary. – Upon conviction by the
Regional Trial Court of an offense not punishable by
death, reclusion perpetua, or life imprisonment,
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admission to bail is discretionary.


If the penalty imposed by the trial court is
imprisonment exceeding six (6) years, the accused
shall be denied bail, or his bail shall be cancelled upon
a showing by the prosecution, with notice to the
accuse, of the following or other similar
circumstances:
(a) That he is a recidivist, quasi-recidivist, or habitual
delinquent, or has committed the crime aggravated
by the circumstance of reiteration;
(b) That he has previously escaped from legal
confinement, evaded sentence, or violated the
conditions of his bail without valid justification;
(c) That he committed the offense while under
probation, parole, or conditional pardon;
(d) That the circumstances of his case indicate the
probability of flight if released on bail; or
(e) That there is undue risk that he may commit
another crime during the pendency of the appeal.
The appellate court may, motu proprio or on motion
of any party, review the resolution of the Regional
Trial Court after notice to the adverse party in either
case.
Capital offense – A capital offense is an offense
which, under the law existing at the time of its
commission and of the application for admission to
bail, may be punished with death. (Sec. 6)
Capital offense or an offense punishable by
reclusion perpetua or life imprisonment, not
bailable. – No person charged with a capital offense,
or an offense punishable by reclusion perpetua or life
imprisonment, shall be admitted to bail when
evidence of guilt is strong, regardless of the state of
the criminal prosecution. (Sec. 7)
Guidelines in determining the Amount of bail;– The
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judge who issued the warrant or granted the


application shall fix a reasonable amount of bail
considering primarily, but not limited to, the following
factors:
(a) Financial liability of the accused to give bail;
(b) Nature and circumstance of the offense;
(c) Penalty for the offense charged;
(d) Character and reputation of the accused;
(e) Age and health of the accused;
(f) Weight of the evidence against the accused;
(g) Probability of the accused appearing at the trial;
(h) Forfeiture of other bail;
(i) The fact that the accused was a fugitive from
justice when arrested; and
(j) Pendency of other cases where the accused is on
bail.
Excessive bail shall not be required. (Sec. 9).
Kinds of Bail:
1. Property Bond (sec. 11);
2. Corporate surety (Sec. 10):
3. Cash Bond (sec. 14); and
4. Release on Recognizance (Sec.15).
Corporate surety. – Any domestic or foreign
corporation, licensed as a surety in accordance with
law and currently authorized to act as such, may
provide bail by a bond subscribed jointly by the
accused and an officer of the corporation duly
authorized by its board of directors. (Sec. 10)
Property bond, how posted. – A property bond is an
undertaking constituted as lien on the real property
given as security for the amount of the bail. (Sec. 11)
Qualifications of sureties in property bond. – The
qualifications of sureties in a property bond shall be
as follows:
(a) Each must be a resident owner of real estate
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within the Philippines;


(b) Where there is only one surety, his real estate
must be worth at least the amount of undertaking;
(c) If there are two or more sureties, each may justify
in an amount less than that expressed in the
undertaking but the aggregate of the justified sums
must be equivalent to the whole amount of the bail
demanded.
In all cases, every surety must be worth the amount
specified in his own undertaking over and above all
just debts, obligations and properties exempt from
execution. (Sec. 12)
Deposit of cash as bail. – The accused or any person
acting in his behalf may deposit in cash with the
nearest collector of internal revenue or provincial,
city, or municipal treasurer the amount of bail fixed
by the court, or recommended by the prosecutor who
investigated or filed the case. (Sec. 14.) .
Recognizance. – Whenever allowed by law or these
Rules, the court may release a person in custody on
his own recognizance or that of a responsible person.(
Sec. 15)
Bail, when not required; reduced bail or
recognizance. – No bail shall be required when the
law or these Rules so provide.
When a person has been in custody for a period
equal to or more than the possible maximum
imprisonment prescribed for the offense charged, he
shall be released immediately, without prejudice to
the continuation of the trial or the proceedings on
appeal. If the maximum penalty to which the accused
may be sentenced is destierro, he shall be released
after thirty (30) days of preventive imprisonment.
A person in custody for a period equal to or more
than the minimum of the principal penalty
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prescribed for the offense charged, without


application of the Indeterminate Sentence Law or any
modifying circumstance, shall be released on a
reduced bail or on his own recognizance, at the
discretion of the court. (Sec. 16).

Bail, where filed. – (a) Bail in the amount fixed may


be filed with the court where the case is pending, or
in the absence or unavailability of the judge thereof,
with any regional trial judge, metropolitan trial judge,
municipal trial judge, or municipal circuit trial judge in
the province, city or municipality. (Sec. 17).

Increase or reduction of bail. – After the accused is


admitted to bail, the court may, upon good cause,
either increase or reduce its amount. (Sec. 20).
Sec. 21. Forfeiture of bail. –
(a) If the accused fails to appear in person as
required, his bail shall be declared forfeited and the
bondsmen given thirty (30) days within which to
produce their principal and to show why no judgment
should be rendered against them for the amount of
their bail.
Within the said period, the bondsmen must:
(a) produce the body of their principal or give the
reason for his non-production; and
(b) explain why the accused did not appear before the
court when first required to do so.
Failing in these two requisites, a judgment shall be
rendered against the bondsmen, jointly and severally,
for the amount of the bail. The court shall not reduce
or otherwise mitigate the liability of the bondsmen,
unless the accused has been surrendered or is
acquitted.
Cancellation of bail. – Upon application of the
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bondsmen, with due notice to the prosecutor, the bail


may be cancelled (a) upon surrender of the accused
or(b) proof of his death.
The bail shall be deemed automatically cancelled
(a) upon acquittal of the accused, (b) dismissal of the
case, or (c) execution of the judgment of conviction.
In all instances, the cancellation shall be without
prejudice to any liability on the bail. (Sec. 22).

Arrest of accused out on bail. – For the purpose of


surrendering the accused, the bondsmen may arrest
him or, upon written authority endorsed on a
certified copy of the undertaking, cause him to be
arrested by a police officer or any other person of
suitable age and discretion.
An accused released on bail may be re-arrested
without the necessity of a warrant if he attempts to
depart from the Philippines without permission of the
court where the case is pending. (Sec. 23).

No bail after final judgment; exception. – No bail


shall be allowed after a judgment of conviction has
become final. If before such finality, the accused
applies for probation, he may be allowed temporary
liberty under his bail. When no bail was filed or the
accused is incapable of filing one, the court may allow
his release on recognizance to the custody of a
responsible member of the community. In no case
shall bail be allowed after the accused has
commenced to serve sentence. (Sec. 24).
Sec. 25. Court supervision of detainees. – The court
shall exercise supervision over all persons in custody
for the purpose of eliminating unnecessary detention.
The executive judges of the Regional Trial Courts
shall conduct monthly personal inspections of
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provincial, city, and municipal jails and the prisoners


within their respective jurisdictions. They shall
ascertain the number of detainees, inquire on their
proper accommodation and health and examine the
condition of the jail facilities. They shall order the
segregation of sexes and of minors from adults,
ensure the observance of the right of detainees to
confer privately with counsel, and strive to eliminate
conditions inimical to the detainees.
In cities and municipalities to be specified by the
Supreme Court, the municipal trial judges or
municipal circuit trial judges shall conduct monthly
personal inspections of the municipal jails in their
respective municipalities and submit a report to the
executive judge of the Regional Trial Court having
jurisdiction therein.
A monthly report of such visitation shall be
submitted by the executive judges to the Court
Administrator which shall state the total number of
detainees, the names of those held for more than
thirty (30) days, the duration of detention, the crime
charged, the status of the case, the cause for
detention, and other pertinent information.
Sec. 26. Bail not a bar to objections on illegal
arrest, lack of or irregular preliminary investigation.
– An application for or admission to bail shall not bar
the accused from challenging the validity of his arrest
or the legality of the warrant issued therefore, or
from assailing the regularity or questioning the
absence of a preliminary investigation of the charge
against him, provided that he raises them before
entering his plea. The court shall resolve the matter
as early as practicable but not later than the start of
the trial of the case.
RULE 115 - RIGHTS OF ACCUSED
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Section 1. Rights of accused at trial. – In all criminal


prosecutions, the accused shall be entitled to the
following rights:
(a) To be presumed innocent until the contrary is
proved beyond reasonable doubt.
(b) To be informed of the nature and cause of the
accusation against him.
(c) To be present and defend in person and by
counsel at every stage of the proceedings, from
arraignment to promulgation of the judgment. The
accused may, however, waive his presence at the trial
pursuant to the stipulations set forth in his bail,
unless his presence is specifically ordered by the court
for purposes of identification. The absence of the
accused without justifiable cause at the trial of which
he had notice shall be considered a waiver of his right
to be present thereat. When an accused under
custody escapes, he shall be deemed to have waived
his right to be present on all subsequent trial dates
until custody over him is regained. Upon motion, the
accused may be allowed to defend himself in person
when it sufficiently appears to the court that he can
properly protect his rights without the assistance of
counsel.
(d) To testify as a witness in his own behalf but
subject to cross-examination on matters covered by
direct examination. His silence shall not in any
manner prejudice him.
(e) To be exempt from being compelled to be a
witness against himself.
(f) To confront and cross-examine the witnesses
against him at the trial. Either party may utilize as
part of its evidence the testimony of a witness who is
deceased, out of or cannot with due diligence be
found in the Philippines, unavailable, or otherwise
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unable to testify, given in another case or proceeding,


judicial or administrative, involving the same parties
and subject matter, the adverse party having the
opportunity to cross-examine him.
(g) To have compulsory process issued to secure the
attendance of witnesses and production of other
evidence in his behalf.
(h) To have speedy, impartial and public trial.
(i) To appeal in all cases allowed and in the manner
prescribed by law.

RULE 116 - ARRAIGNMENT AND PLEA


Arraignment and plea; how made. –
(a) Done in open court by the judge or clerk by:
(1) Furnishing the accused with copy of the
complaint or information; (2) reading the
same in the language or dialect known to
him; (3) asking him whether he pleads
guilty or not guilty.
(b) The accused must be present at the arraignment
and must personally enter his plea;
(c) When the accused refuses to plead or makes a
conditional plea, a plea of not guilty shall be entered
for him.
(d) When the accused pleads guilty but presents
exculpatory evidence, his plea shall be deemed
withdrawn and a plea of not guilty shall be entered
for him.
(e) When the accused is under preventive
detention, his case shall be raffled and its records
transmitted to the judge to whom the case was
raffled within three (3) days from the filing of the
information or complaint. The accused shall be
arraigned within ten (10) days from the date of the
raffle. The pre-trial conference of his case shall be
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held within ten (10) days after arraignment.


(f) The private offended party shall be required to
appear at the arraignment for purposes of plea
bargaining, determination of civil liability, and other
matters requiring his presence. In case of failure of
the offended party to appear despite due notice, the
court may allow the accused to enter a plea of guilty
to a lesser offense which is necessarily included in the
offense charged with the conformity of the trial
prosecutor alone.
(g) Unless a shorter period is provided by special law
or Supreme Court circular, the arraignment shall be
held within thirty (30) days from the date the court
acquires jurisdiction over the person of the accused.
The time of the pendency of a motion to quash or for
a bill or particulars or other causes justifying
suspension of the arraignment shall be excluded in
computing the period. (Section 1)
Plea of guilty to a lesser offense. – At arraignment,
the accused, with the consent of the offended party
and prosecutor, may be allowed by the trial court to
plead guilty to a lesser offense which is necessarily
included in the offense charged. After arraignment
but before trial, the accused may still be allowed to
plead guilty to said lesser offense after withdrawing
his plea of not guilty. No amendment of the
complaint or information is necessary. (Sec. 2.)

Plea of guilty to capital offense; reception of


evidence. – When the accused pleads guilty to a
capital offense, the court shall conduct a searching
inquiry into the voluntariness and full comprehension
of the consequences of his plea and shall require the
prosecution to prove his guilt and the precise degree
of culpability. The accused may present evidence in
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his behalf (Sec. 3.).

Sec. 4. Plea of guilty to non-capital offense;


reception of evidence, discretionary. – When the
accused pleads guilty to a non-capital offense, the
court may receive evidence from the parties to
determine the penalty to be imposed.

Sec. 5. Withdrawal of improvident plea of guilty.–


At any time before the judgment of conviction
becomes final, the court may permit an improvident
plea of guilty to be withdrawn and be substituted by a
plea of not guilty.

Sec. 6. Duty of court to inform accused of his right


to counsel. – Before arraignment, the court shall
inform the accused of his right to counsel and ask him
if he desires to have one. Unless the accused is
allowed to defend himself in person or has employed
counsel of his choice, the court must assign a counsel
de officio to defend him.

Sec. 7. Appointment of counsel de officio. – The


court, considering the gravity of the offense and the
difficulty of the questions that may arise, shall
appoint as counsel de officio such members of the bar
in good standing who, by reason of their experience
and ability, can competently defend the accused. But
in localities where such members of the bar are not
available, the court may appoint any person, resident
of the province and of good repute for probity and
ability, to defend the accused.

Sec. 8. Time for counsel de officio to prepare for


arraignment. – Whenever a counsel de office is
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appointed by the court to defend the accused at the


arraignment, he shall be given a reasonable time to
consult with the accused as to his plea before
proceeding with the arraignment.

Sec. 9. Bill of particulars. – The accused may, before


arraignment, move for a bill of particulars to enable
him properly to plead and prepare for trial. The
motion shall specify the alleged defects of the
complaint or information and the details desired.

Sec. 10. Production or inspection of material


evidence in possession of prosecution. – Upon
motion of the accused showing good cause and with
notice to the parties, the court, in order to prevent
surprise, suppression, or alteration, may order the
prosecution to produce and permit the inspection
and copying or photographing of any written
statement given by the complainant and other
witnesses in any investigation of the offense
conducted by the prosecution or other investigating
officers, as well as any designated documents, papers,
books, accounts, letters, photographs, object, or
tangible things not otherwise privileged, which
constitute or contain evidence material to any matter
involved in the case and which are in the possession
or under the control of the prosecution, police, or
other law investigating agencies.

Sec. 11. Suspension of arraignment. – Upon motion


by the proper party, the arraignment shall be
suspended in the following cases:
(a) The accused appears to be suffering from an
unsound mental condition which effectively renders
him unable to fully understand the charge against him
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and to plead intelligently thereto. In such case, the


court shall order his mental examination and, if
necessary, his confinement for such purpose;
(b) There exists a prejudicial question; and
(c) A petition for review of the resolution of the
prosecutor is pending at either the Department of
Justice, or the Office of the President; provided, that
the period of suspension shall not exceed sixty (60)
days counted from the filing of the petition with the
reviewing office.

RULE 117 - MOTION TO QUASH


Section 1. Time to move to quash. – At any time
before entering his plea, the accused may move to
quash the complaint or information.

Sec. 2. Form and contents. – The motion to quash


shall be in writing, signed by the accused or his
counsel and shall distinctly specify its factual and legal
grounds. The court shall consider no ground other
than those stated in the motion, except lack of
jurisdiction over the offense charged.

Sec. 3. Grounds. – The accused may move to quash


the complaint or information on any of the following
grounds:
(a) That the facts charged do not constitute an
offense;
(b) That the court trying the case has no jurisdiction
over the offense charged;
(c) That the court trying the case has no jurisdiction
over the person of the accused;
(d) That the officer who filed the information had no
authority to do so;
(e) That it does not conform substantially to the
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prescribed form;
(f) That more than one offense is charged except
when a single punishment for various offenses is
prescribed by law;
(g) That the criminal action or liability has been
extinguished;
(h) That it contains averments which, if true, would
constitute a legal excuse or justification; and
(i) That the accused has been previously convicted or
acquitted of the offense charged, or the case against
him was dismissed or otherwise terminated without
his express consent.

Sec. 4. Amendment of complaint or information. –


If the motion to quash is based on an alleged defect
of the complaint or information which can be cured
by amendment, the court shall order that an
amendment be made.
If it is based on the ground that the facts charged do
not constitute an offense, the prosecution shall be
given by the court an opportunity to correct the
defect by amendment. The motion shall be granted if
the prosecution fails to make the amendment, or the
complaint or information still suffers from the same
defect despite the amendment.

Sec. 5. Effect of sustaining the motion to quash. – If


the motion to quash is sustained, the court may order
that another complaint or information be filed except
as provided in section 6 of this rule. If the order is
made, the accused, if in custody, shall not be
discharged unless admitted to bail. If no order is
made or if having been made, no new information is
filed within the time specified in the order or within
such further time as the court may allow for good
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cause, the accused, if in custody, shall be discharged


unless he is also in custody of another charge.

Sec. 6. Order sustaining the motion to quash not a


bar to another prosecution; exception. – An order
sustaining the motion to quash is not a bar to another
prosecution for the same offense unless the motion
was based on the grounds specified in section 3 (g)
and (i) of this Rule.

Sec. 7. Former conviction or acquittal; double


jeopardy. – When an accused has been convicted or
acquitted, or the case against him dismissed or
otherwise terminated without his express consent by
a court of competent jurisdiction, upon a valid
complaint or information or other formal charge
sufficient in form and substance to sustain a
conviction and after the accused had pleaded to the
charge, the conviction or acquittal of the accused or
the dismissal of the case shall be a bar to another
prosecution for the offense charged, or for any
attempt to commit the same or frustration thereof, or
for any offense which necessarily includes or is
necessarily included in the offense charged in the
former complaint or information.
However, the conviction of the accused shall not be
a bar to another prosecution for an offense which
necessarily includes the offense charged in the former
complaint or information under any of the following
instances:
(a) the graver offense developed due to supervening
facts arising from the same act or omission
constituting the former charge;
(b) the facts constituting the graver charge became
known or were discovered only after a plea was
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entered in the former complaint or information; or


(c) the plea of guilty to the lesser offense was made
without the consent of the prosecutor and of the
offended party except as provided in section 1(f) of
Rule 116.
In any of the foregoing cases, where the accused
satisfies or serves in whole or in part the judgment,
he shall be credited with the same in the event of
conviction for the graver offense.
Sec. 8. Provisional dismissal. – A case shall not be
provisionally dismissed except with the express
consent of the accused and with notice to the
offended party.
The provisional dismissal of offenses punishable by
imprisonment not exceeding six (6) years or a fine of
any amount, or both, shall become permanent one
(1) year after issuance of the order without the case
having been revived. With respect to offenses
punishable by imprisonment of more than six (6)
years, their provisional dismissal shall become
permanent two (2) years after issuance of the order
without the case having been revived.

Sec. 9. Failure to move to quash or to allege any


ground therefore. – The failure of the accused to
assert any ground of a motion to quash before he
pleads to the complaint or information, either
because he did not file a motion to quash or failed to
allege the same in said motion, shall be deemed a
waiver of any objections except those based on the
grounds provided for in paragraphs (a), (b), (g), and (i)
of section 3 of this Rule.

RULE 118 - PRE-TRIAL


Section 1. Pre-trial; mandatory in criminal cases. –
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In all criminal cases cognizable by the Sandiganbayan,


Regional Trial Court, Metropolitan Trial Court,
Municipal Trial Court in Cities, Municipal Trial Court
and Municipal Circuit Trial Court, the court shall, after
arraignment and within thirty (30) days from the date
the court acquires jurisdiction over the person of the
accused, unless a shorter period is provided for in
special laws or circulars of the Supreme Court, order a
pre-trial conference to consider the following:
(a) plea bargaining;
(b) stipulation of facts;
(c) marking for identification of evidence of the
parties;
(d) waiver of objections to admissibility of evidence;
(e) modification of the order of trial if the accused
admits the charge but interposes a lawful defense;
and
(f) such matters as will promote a fair and expeditious
trial of the criminal and civil aspects of the case.
Sec. 2. Pre-trial agreement. – All agreements or
admissions made or entered during the pre-trial
conference shall be reduced in writing and signed by
the accused and counsel, otherwise, they cannot be
used against the accused. The agreements covering
the matters referred to in section 1 of this Rule shall
be approved by the court.
Sec. 3. Non-appearance at pre-trial conference. – If
the counsel for the accused or the prosecutor does
not appear at the pre-trial conference and does not
offer an acceptable excuse for his lack of cooperation,
the court may impose proper sanctions or penalties.
Sec. 4. Pre-trial order. – After the pre-trial
conference, the court shall issue an order reciting the
actions taken, the facts stipulated, and evidence
marked. Such order shall bind the parties, limit the
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trial to matters not disposed of, and control the


course f the action during the trial, unless modified by
the court to prevent manifest injustice.

RULE 119 - TRIAL

Section 1. Time to prepare for trial. – After a plea of


not guilty is entered, the accused shall have at least
fifteen (15) days to prepare for trial. The trial shall
commence within thirty (30) days from receipt of the
pre-trial order.
Sec. 2. Continuous trial until terminated;
postponements. – Trial once commenced shall
continue from day to day as far as practicable until
terminated. It may be postponed for a reasonable
period of time for good cause.
The court shall, after consultation with the
prosecutor and defense counsel, set the case for
continuous trail on a weekly or other short-term trial
calendar at the earliest possible time so as to ensure
speedy trial. In no case shall the entire trial period
exceed one hundred eighty (180) days from the first
day of trial, except as otherwise authorized by the
Supreme Court.
The time limitations provided under this section and
the preceding section shall not apply where special
laws or circulars of the Supreme Court provide for a
shorter period of trial
.
Sec. 3. Exclusions. - The following periods of delay
shall be excluded in computing the time within which
trial must commence:
(a) Any period of delay resulting from other
proceedings concerning the accused, including but
not limited to the following:
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(1) Delay resulting from an examination of the


physical and mental condition of the accused;
(2) Delay resulting from proceedings with respect to
other criminal charges against the accused;
(3) Delay resulting from extraordinary remedies
against interlocutory orders;
(4) Delay resulting from pre-trial proceedings;
provided, that the delay does not exceed thirty (30)
days;
(5) Delay resulting from orders of inhibition, or
proceedings relating to change of venue of cases or
transfer from other courts;
(6) Delay resulting from a finding of existence of a
prejudicial question; and
(7) Delay reasonably attributable to any period, not to
exceed thirty (30) days, during which any proceeding
concerning the accused is actually under advisement.
(b) Any period of delay resulting from the absence
or unavailability of an essential witness.
For purposes of this subparagraph, an essential
witness shall be considered absent when his
whereabouts are unknown or his whereabouts
cannot be determined by due diligence. He shall be
considered unavailable whenever his whereabouts
are known but his presence for trial cannot be
obtained by due diligence.
(c) Any period of delay resulting from the mental
incompetence or physical inability of the accused to
stand trial.
(d) If the information is dismissed upon motion of
the prosecution and thereafter a charge is filed
against the accused for the same offense, any period
of delay from the date the charge was dismissed to
the date the time limitation would commence to run
as to the subsequent charge had there been no
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previous charge.
(e) A reasonable period of delay when the accused
is joined for trial with a co-accused over whom the
court has not acquired jurisdiction, or, as to whom
the time for trial has not run and no motion for
separate trial has been granted.
(f) Any period of delay resulting from a continuance
granted by any court motu proprio, or on motion of
either the accused or his counsel, or the prosecution,
if the court granted the continuance on the basis of
its findings set forth in the order that the ends of
justice served by taking such action outweigh the best
interest of the public and the accused in a speedy
trial.

Sec. 4. Factors for granting continuance. – The


following factors, among others, shall be considered
by a court in determining whether to grant a
continuance under section 3(f) of this Rule.
(a) Whether or not the failure to grant a
continuance in the proceeding would likely make a
continuation of such proceeding impossible or result
in a miscarriage of justice; and
(b) Whether or not the case taken as a whole is so
novel, unusual and complex, due to the number of
accused or the nature of the prosecution, or that it is
unreasonable to expect adequate preparation within
the periods of time established therein.
In addition, no continuance under section 3(f) of
this Rule shall be granted because of congestion of
the court’s calendar or lack of diligent preparation or
failure to obtain available witnesses on the part of the
prosecutor.
Sec. 5. Time limit following an order for new trial. –
If the accused is to be tried again pursuant to an
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order for a new trial, the trial shall commence within


thirty (30) days from notice of the order, provided
that if the period becomes impractical due to
unavailability of witnesses and other factors, the
court may extend but not to exceed one hundred
eighty (180) days. For the second twelve-month
period, the time limit shall be one hundred eighty
(180) days from notice of said order for new trial.

Sec. 6. Extended time limit. - Notwithstanding the


provisions of section 1(g), Rule 116 and the preceding
section 1, for the first twelve-calendar-month period
following its effectivity on September 15, 1998, the
time limit with respect to the period from
arraignment to trial imposed by said provision shall
be one hundred eighty (180) days. For the second
twelve-month period, the time limit shall be one
hundred twenty (120) days, and for the third twelve-
month period, the time limit shall be eighty (80) days.

Sec. 7. Public attorney’s duties where accused is


imprisoned. – If the public attorney assigned to
defend a person charged with a crime knows that he
latter is preventively detained, either because he is
charged with a bailable crime but has no means to
post bail, or, is charged with a non-bailable crime, or,
is serving a term of imprisonment in any penal
institution, it shall be his duty to do the following: (a)
Shall promptly undertake to obtain the presence of
the prisoner for trial or cause a notice to be served on
the person having custody of the prisoner requiring
such person to so advise the prisoner of his right and
demand trial.
(b) Upon receipt of that notice, the custodian of the
prisoner shall promptly advise the prisoner of the
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charge and of his right to demand trial. If at anytime


thereafter the prisoner informs his custodian that he
demands such trial, the latter shall cause notice to
that effect to be sent promptly to the public attorney.
(c) Upon receipt of such notice, the public attorney
shall promptly seek to obtain the presence of the
prisoner for trial.
(d) When the custodian of the prisoner receives from
the public attorney a properly supported request for
the availability of the prisoner for purpose of trial, the
prisoner shall be made available accordingly.
Sec. 8. Sanctions. – In any case in which private
counsel for the accused, the public attorney, or the
prosecutor:
(a) Knowingly allows the case to be set for trial
without disclosing that a necessary witness would be
unavailable for trial;
(b) Files a motion solely for delay which he knows is
totally frivolous and without merit;
(c) Makes a statement for the purpose of obtaining
continuance which he knows to be false and which is
material to the granting of a continuance; or
(d) Willfully fails to proceed to trial without
justification consistent with the provisions hereof, the
court may punish such counsel, attorney, or
prosecutor, as follows:
(1) By imposing on a counsel privately retained in
connection with the defense o fan accused, a fine not
exceeding twenty thousand pesos (P20,000.00);
(2) By imposing on any appointed counsel de officio,
public attorney, or prosecutor a fine not exceeding
five thousand pesos (P5,000.00); and
(3) By denying any defense counsel or prosecutor the
right to practice before the court trying the case for a
period not exceeding thirty (30) days. The
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punishment provided for by this section shall be


without prejudice to any appropriate criminal action
or other sanction authorized under these rules.
Sec. 9. Remedy where accused is not brought to
trial within the time limit. – If the accused is not
brought to trial within the time limit required by
Section 1(g), Rule 116 and Section 1, as extended by
Section 6 of this Rule, the information may be
dismissed on motion of the accused on the ground of
denial of his right to speedy trial. The accused shall
have the burden of proving the motion but the
prosecution shall have the burden of going forward
with the evidence to establish the exclusion of time
under section 3 of this rule. The dismissal shall be
subject to the rules on double jeopardy.
Failure of the accused to move for dismissal prior to
trial shall constitute a waiver of the right to dismiss
under this section.

Sec. 10. Law on speedy trial not a bar to provision


on speedy trial in the Constitution. – No provision of
law on speedy trial and no rule implementing the
same shall be interpreted as a bar to any charge of
denial of the right to speedy trial guaranteed by
Section 14(2), Article III, of the 1987 Constitution.
Sec. 11. Order of trial. – The trial shall proceed in
the following order:
(a) The prosecution shall present evidence to prove
the charge and, in the proper case, the civil liability.
(b) The accused may present evidence to prove his
defense and damages, if any, arising, from the
issuance of a provisional remedy in the case.
(c) The prosecution and the defense may, in that
order, present rebuttal and sur-rebuttal evidence
unless the court, in furtherance of justice, permits
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them to present additional evidence bearing upon the


main issue.
(d) Upon admission of evidence of the parties, the
case shall be deemed submitted for decision unless
the court directs them to argue orally or to submit
written memoranda.
(e) When the accused admits the act or omission
charged in the complaint or information but
interposes a lawful defense, the order of trial may be
modified.
Sec. 12. Application for examination of witness for
accused before trial. – When the accused has been
held to answer for an offense, he may, upon motion
with notice to the other parties, have witnesses
conditionally examined in his behalf. The motion shall
state: (a) the name and residence of the witness; (b)
the substance of his testimony; and (c) that the
witness is sick or infirm as to afford reasonable
ground for believing that he will not be able to attend
the trial, or resides more than one hundred (100)
kilometers from the place of trial and has no means
to attend the same, or that other similar
circumstances exist that would make him unavailable
or prevent him from attending the trial. The motion
shall be supported by an affidavit of the accused and
such other evidence as the court may require.
Sec. 13. Examination of defense witness; how
made. – If the court is satisfied that the examination
of a witness for the accused is necessary, an order
shall be made directing that the witness be examined
at a specific date, time and place and that a copy of
the order be served on the prosecutor at least three
(3) days before the scheduled examination. The
examination shall be taken before a judge, or, if not
practicable, a member of the Bar in good standing so
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designated by the judge in the order, or if the order


be made by a court of superior jurisdiction, before an
inferior court to be designated therein. The
examination shall proceed notwithstanding the
absence of the prosecutor provided he was duly
notified of the hearing. A written record of the
testimony shall be taken.
Sec. 14. Bail to secure appearance of material
witness. – When the court is satisfied, upon proof of
oath, that a material witness will not testify when
required, it may, upon motion of either party, order
the witness to post bail in such sum as may be
deemed proper. Upon refusal to post bail, the court
shall commit him to prison until he complies or is
legally discharged after his testimony has been taken.
Sec. 15. Examination of witness for the
prosecution.– When it is satisfactorily appears that a
witness for the prosecution is too sick or infirm to
appear at the trial as directed by the court, of has to
leave the Philippines with no definite date of
returning, he may forthwith be conditionally
examined before the court where the case is pending.
Such examination, in the presence of the accused, or
in his absence after reasonable notice to attend the
examination has been served on him, shall be
conducted in the same manner as an examination at
the trial. Failure or refusal of the accused to attend
the examination at the trial. Failure or refusal of the
accused to attend the examination after notice shall
be considered a waiver. The statement taken may be
admitted in behalf of or against the accused.
Sec. 16. Trial of several accused. – When two or
more accused are jointly charged with an offense,
they shall be tried jointly unless the court, in its
discretion and upon motion of the prosecutor or any
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accused, orders separate trial for one or more


accused.
Sec. 17. Discharge of accused to be state witness. –
When two or more persons are jointly charged with
the commission of any offense, upon motion of the
prosecution before resting its case, the court may
direct one or more of the accused to be discharged
with their consent so that they may be witnesses for
the state when, after requiring the prosecution to
present evidence and the sworn statement of each
proposed state witness at a hearing in support of the
discharge, the court is satisfied that: (a) There is
absolute necessity for the testimony of the accused
whose discharge is requested;
(b) There is no other direct evidence available for the
proper prosecution of the offense committed, except
the testimony of said accused;
(c) The testimony of said accused can be substantially
corroborated in its material points;
(d) Said accused does not appear to be the most
guilty; and
(e) Said accused has not at any time been convicted
of any offense involving moral turpitude.
Evidence adduced in support of the discharge shall
automatically form part of the trial. If the court
denies the motion for discharge of the accused as
state witness, his sworn statement shall be
inadmissible in evidence.
Sec. 18. Discharge of accused operates as acquittal.
– The order indicated in the preceding section shall
amount to an acquittal of the discharged accused and
shall be a bar to future prosecution for the same
offense, unless the accused fails or refuses to testify
against his co-accused in accordance with his sworn
statement constituting the basis for his discharge.
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Sec. 19. When mistake has been made in charging


the proper offense. – When it becomes manifest at
any time before judgment that a mistake has been
made in charging the proper offense and the accused
cannot be convicted of the offense charged or any
other offense necessarily included therein, the
accused shall not be discharged if there appears good
cause to detain him. In such case, the court shall
commit the accused to answer for the proper offense
and dismiss the original case upon the filing of the
proper information.
Sec. 20. Appointment of acting prosecutor. – When
a prosecutor, his assistant or deputy is disqualified to
act due to any of the grounds stated in section 1 of
Rule 137 or for any other reason, the judge or the
prosecutor shall communicate with the Secretary of
Justice in order that the latter may appoint an acting
prosecutor.
Sec. 21. Exclusion of the public. – The judge may,
motu proprio, exclude the public from the courtroom
if the evidence to be produced during the trial is
offensive to decency or public morals. He may also,
on motion of the accused, exclude the public from the
trial except court personnel and the counsel of the
parties.
Sec. 22. Consolidation of trials of related offenses.
– Charges for offenses founded on the same facts or
forming part of a series of offenses of similar
character may be tried jointly at the discretion of the
court.
Sec. 23. Demurrer to evidence. – After the
prosecution rests its case, the court may dismiss the
action on the ground of insufficiency of evidence (1)
on its own initiative after giving the prosecution the
opportunity to be heard or (2) upon demurrer to
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evidence filed by the accused with or without leave of


court.
If the court denies the demurrer to evidence filed
with leave of court, the accused may adduce evidence
in his defense. When the demurrer to evidence is
filed without leave of court, the accused waives the
right to present evidence and submits the case for
judgment on the basis of the evidence for the
prosecution.
The motion for leave of court to file demurrer to
evidence shall specifically state its grounds and shall
be filed within a non-extendible period of five (5) days
after the prosecution rests its case. The prosecution
may oppose the motion within a non-extendible
period of five (5) days from its receipt.
If leave of court is granted, the accused shall file the
demurrer to evidence within a non-extendible period
of ten (10) days from notice. The prosecution may
oppose the demurrer to evidence within a similar
period from its receipt.
The order denying the motion for leave of court to
file demurrer to evidence or the demurrer itself shall
not be reviewable by appeal or by certiorari before
judgment.
Sec. 24. Reopening. – At any time before finality of
the judgment of conviction, the judge may, motu
proprio or upon motion, with hearing in either case,
reopen the proceedings to avoid a miscarriage of
justice. The proceedings shall be terminated within
thirty (30) days from the order granting it.

RULE 120 - JUDGMENT


Section 1. Judgment; definition and form. –
Judgment is the adjudication by the court that the
accused is guilty or not guilty of the offense charged
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and the imposition on him of the proper penalty and


civil liability, if any. It must be written in the official
language, personally and directly prepared by the
judge and signed by him and shall contain clearly and
distinctly a statement of the facts and the law upon
which it is based.
Sec. 2. Contents of the judgment. – If the judgment
is of conviction, it shall state (1) the legal qualification
of the offense constituted by the acts committed by
the accused and the aggravating or mitigating
circumstances which attended its commission; (2) the
participation of the accused in the offense, whether
as principal, accomplice, or accessory after the fact;
(3) the penalty imposed upon the accused; and (4)
the civil liability or damages caused by his wrongful
act or omission to be recovered from the accused by
the offended party, if there is any, unless the
enforcement of the civil liability by a separate civil
action has been reserved or waived.
In case the judgment is of acquittal, it shall state
whether the evidence of the prosecution absolutely
failed to prove the guilt of the accused or merely
failed to prove his guilt beyond reasonable doubt. In
either case, the judgment shall determine if the act or
omission from which the civil liability might arise did
not exist.
Sec. 3. Judgment for two or more offenses. – When
two or more offenses are charged in a single
complaint or information but the accused fails to
object to it before trial, the court may convict him of
as many offenses as are charged and proved, and
impose on him the penalty for each offense, setting
out separately the findings of fact and law in each
offense.
Sec. 4. Judgment in case of variance between
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allegation and proof. – When there is variance


between the offense charged in the complaint or
information and that proved, and the offense as
charged is included in or necessarily includes the
offense proved, the accused shall be convicted of the
offense proved which is included in the offense
charged, or of the offense charged which is included
in the offense proved.
Sec. 5. When an offense includes or is included in
another. – An offense charged necessarily includes
the offense proved when some of the essential
elements or ingredients of the former, as alleged in
the complaint or information, constitute the latter.
And an offense charged is necessarily included in the
offense proved, when the essential ingredients of the
former constitute or form part of those constituting
the latter.
Sec. 6. Promulgation of judgment. – The judgment
is promulgated by reading it in the presence of the
accused and any judge of the court in which it was
rendered. However, if the conviction is for a light
offense, the judgment may be pronounced in the
presence of his counsel or representative. When the
judge is absent or outside the province or city, the
judgment may be promulgated by the clerk of court.
If the accused is confined or detained in another
province or city, the judgment may be promulgated
by the executive judge of the Regional Trial Court
having jurisdiction over the place of confinement or
detention upon request of the court which rendered
the judgment. The court promulgating the judgment
shall have authority to accept the notice of appeal
and to approve the bail bond pending appeal;
provided, that if the decision of the trial court
convicting the accused changed the nature of the
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offense from non-bailable to bailable, the application


for bail can only be filed and resolved by the appellate
court.
The proper clerk of court shall give notice to the
accused personally or through his bondsman or
warden and counsel, requiring him to be present at
the promulgation of the decision. If the accused was
tried in absentia because he jumped bail or escaped
from prison, the notice to him shall be served at his
last known address.
In case the accused fails to appear at the scheduled
date of promulgation of judgment despite notice, the
promulgation shall be made by recording the
judgment in the criminal docket and serving him a
copy thereof at his last known address or thru his
counsel.
If the judgment is for conviction and the failure of
the accused to appear was without justifiable cause,
he shall lose the remedies available in these rules
against the judgment and the court shall order his
arrest. Within fifteen (15) days from promulgation of
judgment, however, the accused may surrender and
file a motion for leave of court to avail of these
remedies. He shall state the reasons for his absence
at the scheduled promulgation and if he proves that
his absence was for a justifiable cause, he shall be
allowed to avail of said remedies within fifteen (15)
days from notice.
Sec. 7. Modification of judgment. – A judgment of
conviction may, upon motion of the accused, be
modified or set aside before it becomes final or
before appeal is perfected. Except where the death
penalty is imposed, a judgment becomes final after
the lapse of the period for perfecting an appeal, or
when the sentence has been partially or totally
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satisfied or served, or when the accused has waived


in writing his right to appeal, or has applied for
probation.
Sec. 8. Entry of judgment. – After a judgment has
become final, it shall be entered in accordance with
Rule 36.
Sec. 9. Existing provisions governing suspension of
sentence, probation and parole not affected by this
Rule. – Nothing in this rule shall affect any existing
provisions in the laws governing suspension of
sentence, probation or parole.

RULE 121 - NEW TRIAL OR RECONSIDERATION


Section 1. New trial or reconsideration. – At any
time before a judgment of conviction becomes final,
the court may, on motion of the accused or at its own
instance but with the consent of the accused, grant a
new trial or reconsideration.
Sec. 2. Grounds for a new trial. – The court shall
grant a new trial on any of the following grounds:
(a) That errors of law or irregularities prejudicial to
the substantial rights of the accused have been
committed during the trial;
(b) That new and material evidence has been
discovered which the accused could not with
reasonable diligence have discovered and produced
at the trial and which if introduced and admitted
would probably change the judgment.
Sec. 3. Ground for reconsideration. – The court
shall grant reconsideration on the ground of errors of
law or fact in the judgment, which requires no further
proceedings.
Sec. 4. Form of motion and notice to the
prosecutor. – The motion for new trial or
reconsideration shall be in writing and shall state the
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grounds on which it is based. If based on a newly-


discovered evidence, the motion must be supported
by affidavits of witnesses by whom such evidence is
expected to be given or by duly authenticated copies
of documents which are proposed to be introduced in
evidence. Notice of the motion for new trial or
reconsideration shall be given to the prosecutor.
Sec. 5. Hearing on motion. – Where a motion for
new trial calls for resolution of any question of fact,
the court may hear evidence thereon by affidavits or
otherwise.
Sec. 6. Effects of granting a new trial or
reconsideration. – The effects of granting a new trial
or reconsideration are the following:
(a) When a new trial is granted on the ground of
errors of law or irregularities committed during the
trial, all the proceedings and evidence affected
thereby shall be set aside and taken anew. The court
may, in the interest of justice, allow the introduction
of additional evidence.
(b) When a new trial is granted on the ground of
newly-discovered evidence, the evidence already
adduced shall stand and the newly-discovered and
such other evidence as the court may, in the interest
of justice, allow to be introduced shall be taken and
considered together with the evidence already in the
record.
(c) In all cases, when the court grants new trial or
reconsideration, the original judgment shall be set
aside or vacated and a new judgment rendered
accordingly.

RULE 122 - APPEAL


Section 1. Who may appeal. – Any party may appeal
from a judgment or final order, unless the accused
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will be placed in double jeopardy.


Sec. 2. Where to appeal. – The appeal may be taken
as follows:
(a) To the Regional Trial Court, in cases decided by the
Metropolitan Trial Court, Municipal Trial Court in
Cities, Municipal Trial Court, or Municipal Circuit Trial
Court;
(b) To the Court of Appeals or to the Supreme Court
in the proper cases provided by law, in cases decided
by the Regional Trial Court; and
(c) To the Supreme Court, in cases decided by the
Court of Appeals.
Sec. 3. How appeal taken. – (a) The appeal to the
Regional Trial Court, or to the Court of Appeals in
cases decided by the Regional Trial Court in the
exercise of its original jurisdiction, shall be taken by
filing a notice of appeal with the court which
rendered the judgment or final order appealed from
and by serving a copy thereof upon the adverse
party. (b) The appeal to the Court of Appeals in cases
decided by the Regional Trial Court in the exercise of
its appellate jurisdiction shall be by petition for
review under Rule 42.
(c) The appeal to the Supreme Court in cases where
the penalty imposed by the Regional Trial Court is
reclusion perpetua, or life imprisonment, or where a
lesser penalty is imposed but for offenses committed
on the same occasion or which arose out of the same
occurrence that gave rise to the more serious offense
for which the penalty of death, reclusion perpetua, or
life imprisonment is imposed, shall be by filing a
notice of appeal in accordance with paragraph (a) of
this section.
(d) No notice of appeal is necessary in cases where
the death penalty is imposed by the Regional Trial
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Court. The same shall be automatically reviewed by


the Supreme Court as provided in section 10 of this
Rule.
Except as provided in the last paragraph of section
13, Rule 124, all other appeals to the Supreme Court
shall be by petition for review on certiorari under
Rule 45.
Sec. 4. Service of notice of appeal. – If personal
service of the copy of the notice of appeal can not be
made upon the adverse party or his counsel, service
may be done by registered mail or by substituted
service pursuant to sections 7 and 8 of Rule 13.
Sec. 5. Waiver of notice. – The appellee may waive
his right to a notice that an appeal has been taken.
The appellate court may, in its discretion, entertain an
appeal notwithstanding failure to give such notice if
the interests of justice so require.
Sec. 6. When appeal to be taken. – An appeal must
be taken within fifteen (15) days from promulgation
of the judgment or from notice of the final order
appealed from. This period for perfecting an appeal
shall be suspended from the time a motion for new
trial or reconsideration is filed until notice of the
order overruling the motion has been served upon
the accused or his counsel at which time the balance
of the period begins to run.

Sec. 7. Transcribing and filing notes of stenographic


reporter upon appeal. – When notice of appeals is
filed by the accused, the trial court shall direct the
stenographic reporter to transcribe his notes of the
proceedings. When filed by the People of the
Philippines, the trial court shall direct the
stenographic reporter to transcribe such portion of
his notes of the proceedings as the court, upon
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motion, shall specify in writing. The stenographic


reporter shall certify to the correctness of the notes
and the transcript thereof, which shall consist of the
original and four copies, and shall file said original and
four copies with the clerk without unnecessary delay.
If death penalty is imposed, the stenographic
reporter shall, within thirty (30) days from
promulgation of the sentence, file with the clerk the
original and four copies of the duly certified transcript
of his notes of the proceedings. No extension of time
for filing of said transcript of stenographic notes shall
be granted except by the Supreme Court and only
upon justifiable grounds.

Sec. 8. Transmission of papers to appellate court


upon appeal. – Within five (5) days from the filing of
the notice of appeal, the clerk of court with whom the
notice of appeal was filed must transmit to the clerk
of court of the appellate court the complete record of
the case, together with said notice. The original and
three copies of the transcript of stenographic notes,
together with the records, shall also be transmitted to
the clerk of the appellate court without undue delay.
The other copy of the transcript shall remain in the
lower court.

Sec. 9. Appeal to the Regional Trial Courts. – (a)


Within five (5) days from perfection of the appeal, the
clerk of court shall transmit the original record to the
appropriate Regional Trial Court.
(b) Upon receipt of the complete record of the case,
transcripts and exhibits, the clerk of court of the
Regional Trial Court shall notify the parties of such
fact.
(c) Within fifteen (15) days from receipt of said
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notice, the parties may submit memoranda or briefs,


or may be required by the Regional Trial Court to do
so. After the submission of such memoranda or
briefs, or upon the expiration of the period to file the
same, the Regional Trial Court shall decide the case
on the basis of the entire record of the case and of
such memoranda or briefs as may have been filed.

Sec. 10. Transmission of records in case of death


penalty. – In all cases where the death penalty is
imposed by the trial court, the records shall be
forwarded to the Supreme Court for automatic
review and judgment within five (5) days after the
fifteenth (15) day following the promulgation of the
judgment or notice of denial of a motion for new trial
or reconsideration. The transcript shall also be
forwarded within ten (10) days after the filing thereof
by the stenographic reporter.

Sec. 11. Effect of appeal by any of several accused.


– (a) An appeal taken by one or more of several
accused shall not affect those who did not appeal,
except insofar as the judgment of the appellate court
is favorable and applicable to the latter.
(b) The appeal of the offended party from the civil
aspect shall not affect the criminal aspect of the
judgment or order appealed from.
(c) Upon perfection of the appeal, the execution of
the judgment or final order appealed from shall be
stayed as to the appealing party.

Sec. 12. Withdrawal of appeal. - Notwithstanding


perfection of the appeal, the Regional Trial Court,
Metropolitan Trial Court, Municipal Trial Court in
Cities, Municipal Trial Court, or Municipal Circuit Trial
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Court, as the case may be, may allow the appellant to


withdraw his appeal before the record has been
forwarded by the clerk of court to the proper
appellate court as provided in section 8, in which
case, the judgment shall become final. The Regional
Trial Court may also, in its discretion, allow the
appellant from the judgment of a Metropolitan Trial
Court, Municipal Trial Court in Cities, Municipal Trial
Court, or Municipal Circuit Trial Court to withdraw his
appeal, provided a motion to that effect is filed
before rendition of the judgment in the case on
appeal, in which case the judgment of the court of
origin shall become final and the case shall be
remanded to the latter court for execution of the
judgment.

Sec. 13. Appointment of counsel de officio for


accused on appeal. - It shall be the duty of the clerk
of court of the trial court, upon filing of a notice of
appeal to ascertain from the appellant, if confined in
prison, whether he desires the Regional Trial Court,
Court of Appeals or the Supreme Court to appoint a
counsel de officio to defend him and to transmit with
the record on a form to be prepared by the clerk of
court of the appellate court, a certificate of
compliance with this duty and of the response of the
appellate to his inquiry.

RULE 123 - PROCEDURE IN THE MUNICIPAL TRIAL


COURTS

Section 1. Uniform Procedure. – The procedure to


be observed in the Metropolitan Trial Courts,
Municipal Trial Courts and Municipal Circuit Trial
Courts shall be the same as in the Regional Trial
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Courts, except where a particular provision applies


only to either of said courts and in criminal cases
governed by the Revised Rule on Summary
Procedure.

RULE 124 - PROCEDURE IN THE COURT OF APPEALS

Section 1. Title of the case. – In all criminal cases


appealed to the Court of Appeals, the party appealing
the case shall be called the "appellant" and the
adverse party the "appellee," but the title of the case
shall remain as it was in the court of origin.

Sec. 2. Appointment of counsel de officio for the


accused. – If it appears from the record of the case as
transmitted that (a) the accused is confined in prison,
(b) is without counsel de parte on appeal, or (c) has
signed the notice of appeal himself, ask the clerk of
court of the Court of Appeals shall designate a
counsel de officio.
An appellant who is not confined in prison may,
upon request, be assigned a counsel de officio within
ten (10) days from receipt of the notice to file brief
and he establishes his right thereto.

Sec. 3. When brief for appellant to be filed. –


Within thirty (30) days from receipt by the appellant
or his counsel of the notice from the clerk of court of
the Court of Appeals that the evidence, oral and
documentary, is already attached to the record, the
appellant shall file seven (7) copies of his brief with
the clerk of court which shall be accompanied by
proof of service of two (2) copies thereof upon the
appellee.
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Sec. 4. When brief for appellee to be filed; reply


brief of the appellant. – Within thirty (30) days from
receipt of the brief of the appellant, the appellee shall
file seven (7) copies of the brief of the appellee with
the clerk of court which shall be accompanied by
proof of service of two (2) copies thereof upon the
appellant.
Within twenty (20) days from receipt of the brief of
the appellee, the appellant may file a reply brief
traversing matters raised in the former but not
covered in the brief of the appellant.

Sec. 5. Extension of time for filing briefs. –


Extension of time for the filing of briefs will not be
allowed except for good and sufficient cause and only
if the motion for extension is filed before the
expiration of the time sought to be extended.

Sec. 6. Form of briefs. – Briefs shall either be


printed, encoded or typewritten in double space on
legal size good quality unglazed paper, 330 mm. in
length by 216 mm. in width.

Sec. 7. Contents of brief. – The briefs in criminal


cases shall have the same contents as provided in
sections 13 and 14 of Rule 44. A certified true copy of
the decision or final order appealed from shall be
appended to the brief of the appellant.

Sec. 8. Dismissal of appeal for abandonment or


failure to prosecute. – The Court of Appeals may,
upon motion of the appellee or motu proprio and
with notice to the appellant in either case, dismiss the
appeal if the appellant fails to file his brief within the
time prescribed by this Rule, except where the
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appellant is represented by a counsel de officio.


The Court of Appeals may also, upon motion of the
appellee or motu proprio, dismiss the appeal if the
appellant escapes from prison or confinement, jumps
bail or flees to a foreign country during the pendency
of the appeal.

Sec. 9. Prompt disposition of appeals. – Appeals of


accused who are under detention shall be given
precedence in their disposition over other appeals.
The Court of Appeals shall hear and decide the appeal
at the earliest practicable time with due regard to the
rights of the parties. The accused need not be present
in court during the hearing of the appeal.

Sec. 10. Judgment not to be reversed or modified


except for substantial error. – No judgment shall be
reversed or modified unless the Court of Appeals,
after an examination of the record and of the
evidence adduced by the parties, is of the opinion
that terror was committed which injuriously affected
the substantial rights of the appellant.
Sec. 11. Scope of judgment. – The Court of Appeals
may reverse, affirm or modify the judgment and
increase or reduce the penalty imposed by the trial
court, remand the case to the Regional Trial Court for
new trial or retrial, or dismiss the case.
Sec. 12. Power to receive evidence. – The Court of
Appeals shall have the power to try cases and
conduct hearings, receive evidence and perform any
and all acts necessary to resolve factual issues raised
in cases (a) falling within its original jurisdiction, (b)
involving claims for damages arising from provisional
remedies, or (c) where the court grants a new trial
based only on the ground of newly-discovered
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evidence.

Sec. 13. Quorum of the court; certification or


appeal of cases to Supreme Court. – Three (3)
Justices of the Court of Appeals shall constitute a
quorum for the sessions of a division. The unanimous
vote of the three (3) Justices of a division shall be
necessary for the pronouncement of a judgment or
final resolution, which shall be reached in
consultation before the writing of the opinion by a
member of the division. In the event that the three
(3) Justices can not reach a unanimous vote, the
Presiding Justice shall direct the raffle committee of
the Court to designate two (2) additional Justices to
sit temporarily with them, forming a special division
of five (5) members and the concurrence of a majority
of such division shall be necessary for the
pronouncement of a judgment or final resolution. The
designation of such additional Justices shall be made
strictly by raffle and rotation among all other Justices
of the Court of Appeals.
Whenever the Court of Appeals find that the
penalty of death, reclusion perpetua, or life
imprisonment should be imposed in a case, the court,
after discussion of the evidence and the law involved,
shall render judgment imposing the penalty of death,
reclusion perpetua, or life imprisonment as the
circumstance warrant. However, it shall refrain from
entering the judgment and forthwith certify the case
and elevate the entire record thereof to the Supreme
Court for review.

Sec. 14. Motion for new trial. – At any time after


the appeal from the lower court has been perfected
and before the judgment of the Court of Appeals
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convicting the appellant becomes final, the latter may


move for a new trial on the ground of newly-
discovered evidence material to his defense. The
motion shall conform with the provisions of section 4,
Rule 121.

Sec. 15. Where new trial conducted. – When a new


trial is granted, the Court of Appeals may conduct the
hearing and receive evidence as provided in section
12 of this Rule or refer the trial to the court of origin.

Sec. 16. Reconsideration. – A motion for


reconsideration shall be filed within fifteen (15) days
from notice of the decision or final order of the Court
of Appeals with copies thereof served upon the
adverse party, setting forth the grounds in support
thereof. The mittimus shall be stayed during the
pendency of the motion for reconsideration. No party
shall be allowed a second motion for reconsideration
of a judgment or final order.

Sec. 17. Judgment transmitted and filed in trial


court. – When the entry of judgment of the Court of
Appeals is issued, a certified true copy of the
judgment shall be attached to the original record
which shall be remanded to the clerk of the court
from which the appeal was taken.

Sec. 18. Application of certain rules in civil procedure


to criminal cases. – The provisions of Rules 42, 44 to
46 and 48 to 56 relating to procedure in the Court of
Appeals and in the Supreme Court in original and
appealed civil cases shall be applied to criminal cases
insofar as they are applicable and not inconsistent
with the provision of this Rule.
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RULE 125 - PROCEDURE IN THE SUPREME COURT

Section 1. Uniform Procedure. – Unless otherwise


provided by the Constitution or by law, the procedure
in the Supreme Court in original and in appealed
cases shall be the same as in the Court of Appeals.

Sec. 2. Review of decisions of the Court of Appeals.


– The procedure for the review by the Supreme Court
of decisions in criminal cases rendered by the Court of
Appeals shall be the same as in civil cases.

Sec. 3. Decision if opinion is equally divided. –


When the Supreme Court en banc is equally divided in
opinion or the necessary majority cannot be had on
whether to acquit the appellant, the case shall again
be deliberated upon and if no decision is reached
after re-deliberation, the judgment of conviction of
lower court shall be reversed and the accused
acquitted.

RULE 126 - SEARCH AND SEIZURE


Section 1. Search warrant defined. – A search
warrant is 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.

Sec. 2. Court where application for search warrant


shall be filed. – An application for search warrant
shall be filed with the following:
(a) Any court within whose territorial jurisdiction a
crime was committed.
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(b) For compelling reasons stated in the application,


any court within the judicial region where the crime
was committed if the place of the commission of the
crime is known, or any court within the judicial region
where the warrant shall be enforced.
However, if the criminal action has already been
filed, the application shall only be made in the court
where the criminal action is pending.
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. 4. Requisites for issuing search warrant. – A
search warrant shall not issue except upon probable
cause in connection with one specific offense to be
determined personally by the judge after examination
under oath or affirmation of the complainant and the
witness he may produce, and particularly describing
the place to be searched and the things to be seized
which may be anywhere in the Philippines.
Sec. 5. Examination of complainant; record. – The
judge must, before issuing the warrant, personally
examine in the form of searching questions and
answers, in writing and under oath, the complainant
and the witnesses he may produce on facts personally
known to them and attach to the record their sworn
statements, together with the affidavits submitted.
Sec. 6. Issuance and form of search warrant. – If
the judge is satisfied of the existence of facts upon
which the application is based or that there is
probable cause to believe that they exist, he shall
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issue the warrant, which must be substantially in the


form prescribed by these Rules.
Sec. 7. Right to break door or window to effect
search. – The officer, if refused admittance to the
place of directed search after giving notice of his
purpose and authority, may break open any outer or
inner door or window of a house or any part of a
house or anything therein to execute the warrant to
liberate himself or any person lawfully aiding him
when unlawfully detained therein.
Sec. 8. Search of house, room, or premises to be
made in presence of two witnesses. – No search of a
house, room, or any other premises shall be made
except in the presence of the lawful occupant thereof
or any member of his family or in the absence of the
latter, two witnesses of sufficient age and discretion
residing in the same locality.
Sec. 9. Time of making search. – The warrant must
direct that it be served in the day time, unless the
affidavit asserts that the property is on the person or
in the place ordered to be searched, in which case a
direction may be inserted that it be served at any
time of the day or night.
Sec. 10. Validity of search warrant. – A search
warrant shall be valid for ten (10) days from its date.
Thereafter, it shall be void.
Sec. 11. Receipt for the property seized. – The
officer seizing the property under the warrant must
give a detailed receipt for the same to the lawful
occupant of the premises in whose presence the
search and seizure were made, or in the absence of
such occupant, must, in the presence of at least two
witnesses of sufficient age and discretion residing in
the same locality, leave a receipt in the place in which
he found the seized property.
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Sec. 12. Delivery of property and inventory thereof


to court; return and proceedings thereon. – (a) The
officer must forthwith deliver the property seized to
the judge who issued the warrant, together with a
true inventory thereof duly verified under oath.
(b) Ten (10) days after issuance of the search
warrant, the issuing judge shall ascertain if the return
has been made, and if none, shall summon the person
to whom the warrant was issued and require him to
explain why no return was made. If the return has
been made, the judge shall ascertain whether section
11 of this Rule has been complied with and shall
require that the property seized be delivered to him.
The judge shall see to it that subsection (a) hereof has
been complied with.
(c) The return on the search warrant shall be filed
and kept by the custodian of the log book on search
warrants who shall enter therein the date of the
return, the result, and other actions of the judge.
A violation of this section shall constitute contempt of
court.
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. 14. Motion to quash a search warrant or to
suppress evidence; where to file. – A motion to
quash a search warrant and/or to suppress evidence
obtained thereby may be filed in and acted upon only
by the court where the action has been instituted. If
no criminal action has been instituted, the motion
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may be filed in and resolved by the court that issued


search warrant. However, if such court failed to
resolve the motion and a criminal case is
subsequently filed in another court, the motion shall
be resolved by the latter court.

RULE 127 - PROVISIONAL REMEDIES IN CRIMINAL


CASES
Section 1. Availability of provisional remedies. –
The provisional remedies in civil actions, insofar as
they are applicable, may be availed of in connection
with the civil action deemed instituted with the
criminal action.

Sec. 2. Attachment. – When the civil action is


properly instituted in the criminal action as provided
in Rule 111, the offended party may have the
property of the accused attached as security for the
satisfaction of any judgment that may be recovered
from the accused in the following cases:
(a) When the accused is about to abscond from the
Philippines;
(b) When the criminal action is based on a claim for
money or property embezzled or fraudulently
misapplied or converted to the use of the accused
who is a public officer, officer of a corporation,
attorney, factor, broker, agent or clerk, in the course
of his employment as such, or by any other person in
a fiduciary capacity, or for a willful violation of duty;
(c) When the accused has concealed, removed, or
disposed of his property, or is about to do so; and
(d) When the accused resides outside the Philippines.

REVISED RULES ON EVIDENCE


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TEXT WITH BRIEF PONTERS


SECTION 1.Evidence defined. — Evidence is the means,
sanctioned by these rules, of ascertaining in a judicial
proceeding the truth respecting a matter of fact.
Main Source of the Law on Evidence:
 Rules of Court Rules 128-133 (134)
 PROOF, defined- the result or the effect of
evidence.
 FACTUM PROBANDUM- the ultimate fact or the
fact sought to be established. It is the fact to be
proved.
 FACTUM PROBANS- factum probans is the
evidentiary fact or the fact by which the factum
probans is to be established
CLASSIFICATION OF EVIDENCE
1. Object or real or autoptic evidence or physical evidence
or tangible evidence- that which is directly addressed to
the senses of the court and consists of tangible things
exhibited in court.
 Chain of Custody- the presenter of an object
evidence may be required to prove its chain of
custody, that is the people who took charge
thereof from its recovery to presentation in court
so that it may pass the process of authentication. If
the object evidence is easy to identify, mere
testimony of witness is sufficient.
2. Testimonial evidence- that which is submitted to the
court through the testimony or deposition of a witness. It
is that which directly comes out of the witness’s mouth,
oral or written, such as depositions and affidavits.
3. Relevant evidence- evidence having any value in reason
as tending to prove any matter provable in an action.
4. Material evidence- evidence directed to prove a fact in
issue as determined by the rules of substantive law and
pleading.
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5. Competent evidence- evidence that is not excluded by


the rules, statute or the Constitution.
6. Direct evidence- that which proves the fact in dispute
without the aid of any inference or presumption.
7. Circumstantial evidence- the proof of fact or facts from
which, taken either singly or collectively, the existence of
the particular fact in dispute may be inferred as a
necessary or provable consequence.
8. Cumulative evidence- evidence of the same kind and to
the same state of facts.
9. Corroborative evidence- additional evidence of a
different character to the same point.
10. Expert evidence- the testimony of one possessing in
regard to a particular subject or department of human
activity, knowledge not usually acquired by other persons.
11. Prima Facie Evidence- that which standing alone,
unexplained or uncontradicted, is sufficient to maintain
the proposition affirmed.
12. Primary evidence- that which the law regards as
affording the greatest certainty of the fact in question
13. Secondary evidence or Substitutionary Evidence- that
which is inferior to the primary evidence and is permitted
only when the best evidence is not available.
14. Positive evidence- when a witness affirms that a fact
did or did not occur.
15. Negative evidence- when a witness states he did not
see or know of the occurrence of a fact.
16. Documentary evidence- it consists of writings or any
material containing letters, words, numbers, figures,
symbols or other modes of written expressions offered as
proof of their contents.
17. Electronic evidence- document or information
received, recorded, transmitted, stored, processed or
produced electronically.
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18. Forgotten evidence- evidence which was not


presented in court because of oversight or forgetfulness of
a party or counsel.
19. Exculpatory evidence- that evidence which will excuse
a person from an alleged fault or crime.
20. Evidence Aliunde or Extraneous evidence- evidence
from outside or another source.
21. Inculpatory evidence- are evidence which has the
tendency to implicate or incriminate a person.
22. Self serving evidence- one made by the party to favor
his own interest. It is one made by a party out of court.
23. Opinion evidence – evidence given by an ordinary
person regarding of what he thinks.
24. Rebuttal evidence- evidence that will contradict the
other party’s evidence

Sec. 2.Scope. — The rules of evidence shall be the same


in all courts and in all trials and hearings, except as
otherwise provided by law or these rules.
Sec. 3.Admissibility of evidence. — Evidence is admissible
when:
 it is RELEVANT to the issue and
 is NOT EXCLUDED BY THE LAW OR THE RULES OF
COURT.
Kinds of Admissibility of evidence
1. Conditional Admissibility of Evidence- Evidence that
will be admitted although seemingly not admissible
provided that its relevancy would be shown in a
later stage of the trial.
2. Curative Admissibility of Evidence- Evidence which
will be admitted although normally inadmissible
because similar inadmissible evidence has been
introduced by the other party.
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3. Multiple Admissibility of Evidence- when the


evidence not admissible for one purpose but
admissible for two or more purposes.
PLAIN VIEW RULE- Under this doctrine, unlawful objects
within the plain view of an officer who has the right to be
in the position to have that view are subject to
confiscation and are admissible in evidence.
EXCLUSIONARY RULE- A rule of evidence that excludes
evidence obtained in violation of one’s constitutional
rights or obtained through illegal means, such as those
obtained by tortures and the like.
FRUIT OF THE POISONOUS TREE- this doctrine states that
once the primary source “the tree” is shown to have been
obtained unlawfully, any derivative evidence, “the fruit”
derived from it (meaning the tree) is likewise not
admissible. Thus, evidence illegally obtained by the State
should not be used to gain other evidence because the
illegally obtained evidence taints all evidence subsequently
obtained.
SILVER PLATTER RULE-The doctrine, now discredited (no
longer followed in the U.S.), that allowed evidence seized
by state officers in an illegal search and seizure to be used
against the accused in a criminal trial.

Sec. 4.Relevancy; collateral matters. — Evidence must


have such a relation to the fact in issue as to induce belief
in its existence or non-existence. Evidence on collateral
matters shall not be allowed, except when it tends in any
reasonable degree to establish the probability or
improbability of the fact in issue.

COLLATERAL MATTERS- Are facts and circumstances other


then the facts in issue which are being offered in evidence
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as bases for inference as to the existence or non existence


of a fact in issue.1
RULE 129
What Need Not Be Proved
Section 1.Judicial notice, when mandatory. — A court
shall take judicial notice, without the introduction of
evidence, of:
 the existence and territorial extent of states,
 their political history,
 forms of government and
 symbols of nationality,
 the law of nations,
 the admiralty and maritime courts of the world
and their seals,
 the political constitution and history of the
Philippines,
 the official acts of legislative, executive and
judicial departments of the Philippines, the laws
of nature,
 the measure of time, and
 the geographical divisions.

JUDICIAL NOTICE2- the cognizance of certain facts which


judges may properly take act on without proof because
they already know them.
Sec. 2.Judicial notice, when discretionary. — A court may
take judicial notice of matters which are:

1
Motive as a general rule is a collateral matter. In libel cases the
defense of truth as a general rule is not a defense and is a collateral
matter
2
It is based on the Latin maxim “Quod constat curiae opera testium
non indigent”, (that which is apparent to the Court does not need the
aid of witnesses. Thus courts take judicial notice of the innate shyness
and reluctance of young Filipina to report acts associated with the
crime of rape.
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1. of public knowledge, or
2. are capable to unquestionable demonstration, or
3. ought to be known to judges because of their
judicial functions.
Sec. 3.Judicial notice, when hearing necessary. — During
the trial, the court, on its own initiative, or on request of
a party, may announce its intention to take judicial notice
of any matter and allow the parties to be heard thereon.
After the trial, and before judgment or on appeal, the
proper court, on its own initiative or on request of a
party, may take judicial notice of any matter and allow
the parties to be heard thereon if such matter is decisive
of a material issue in the case. (n)
Sec. 4.Judicial admissions. — An admission, verbal or
written, made by the 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 palpable
mistake or
 that no such admission was made.
RULE 130
Rules of Admissibility
SECTION 1.Object as evidence. — Objects as evidence are
those addressed to the senses of the court. When an
object is relevant to the fact in issue, it may be exhibited
to, examined or viewed by the court.
 Object evidence (real evidence/autoptic evidence)
is tangible thing submitted to the court for
inspection, exhibition or demonstration.
Sec. 2. Documentary evidence. — Documents as evidence
consist of writing or any material containing letters,
words, numbers, figures, symbols or other modes of
written expression offered as proof of their contents.
BEST EVIDENCE RULE
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Sec. 3.Original document must be produced; exceptions.


— When the subject of inquiry is the contents of a
document, no evidence shall be admissible other than
the original document itself, except in the following
cases:
(a)When the original has been lost or destroyed, or
cannot be produced in court, without bad faith on the
part of the offeror;
(b)When the original is in the custody or under the
control of the party against whom the evidence is
offered, and the latter fails to produce it after reasonable
notice;
(c)When the original consists of numerous accounts or
other documents which cannot be examined in court
without great loss of time and the fact sought to be
established from them is only the general result of the
whole; and
(d)When the original is a public record in the custody of a
public officer or is recorded in a public office

 Best Evidence Rule,(Primary Evidence) (Original


Document Rule) (Contents of Original Writing
Rule)3 defined- it is that rule which states that
when the subject of inquiry is the contents of a
document, no evidence shall be admissible other
than the original document itself.
 It is that which affords the greatest certainty of a
fact in question.
 The opposite of Best Evidence is Secondary
Evidence which is that evidence that is inferior to
the primary evidence is to prevent fraud.

3
The original live birth certificate or a certified copy thereof is the best
evidence to prove the age of a rape victim.
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 The purpose of the rule requiring the production of


the best evidence is to prevent fraud.
 Carbon paper copies are considered DUPLICATE
ORIGINALS.
 Xeroxed copies/photocopies are not admissible
under the best evidence rule

EXCEPTIONS TO THE BEST EVIDENCE RULE


1. When the original has been lost or destroyed or cannot
be produced in court4, without bad faith on the part of the
offeror;
2. When the original is in the custody or under the control
of the party against whom the evidence is offered, and the
latter fails to produce it after reasonable notice;
3. When the original consists of numerous accounts or
other documents which cannot be examined in court
without great loss of time and the fact sought to be
established from them is only the general result of the
whole; and
4. When the original is a public record in the custody of a
public officer or is recorded in a public office.

Sec. 4. Original of document.


(a)The original of the document is one the contents of
which are the subject of inquiry.
(b)When a document is in two or more copies executed
at or about the same time, with identical contents, all
such copies are equally regarded as originals.
(c)When an entry is repeated in the regular course of
business, one being copied from another at or near the
time of the transaction, all the entries are likewise
equally regarded as originals.

4
An example of a writing that cannot be produced in court for example
is writing on the wall.
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 Document, defined- a deed, instrument or other


duly authorized paper by which something is
proved, evidenced or set forth.
 Secondary evidence (Substitutionary Evidence)
(Inferior Evidence) defined:
 That which is admissible when the best evidence
is not available; or
 Any evidence other than the original document
itself; or
 One which is inferior to the best evidence.
SECONDARY EVIDENCE
Sec. 5.When original document is unavailable. — When
the original document has been lost or destroyed, or
cannot be produced in court, the offeror, upon proof of
its execution or existence and the cause of its
unavailability without bad faith on his part, may prove its
contents by:
 a copy(any machine copy), or
 by a recital of its contents in some authentic
document, or
 by the testimony of witnesses in the order stated.
Q: How can an original document be proved if it is
unavailable?
A: When original document has been lost or destroyed, or
cannot be produced in court, the offeror, upon proof of its
execution or existence and the cause of its unavailability
without bad faith on his part, may prove its contents:
 by a copy or
 by a recital of its contents in some authentic
document or
 by the testimony of witnesses in the order stated.
Q: When may secondary evidence be admissible in
evidence?
A: There must be proof of:
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 Due execution of the original;


 Loss, destruction, or unavailability of all such
originals
 Reasonable diligence and good faith in search for
or attempt produce the original.
Sec. 6.When original document is in adverse party's
custody or control. — If the document is in the custody or
under the control of adverse party, he must have
reasonable notice to produce it. If after such notice and
after satisfactory proof of its existence, he fails to produce
the document, secondary evidence may be presented as in
the case of its loss.
Sec. 7. Evidence admissible when original document is a
public record. — When the original of document is in the
custody of public officer or is recorded in a public office, its
contents may be proved by a certified copy issued by the
public officer in custody thereof.
Sec. 8.Party who calls for document not bound to offer it.
— A party who calls for the production of a document and
inspects the same is not obliged to offer it as evidence.
PAROL EVIDENCE RULE
Sec. 9.Evidence of written agreements. — When the
terms of an agreement have been reduced to writing, it is
considered as containing all the terms agreed upon and
there can be, between the parties and their successors in
interest, no evidence of such terms other than the
contents of the written agreement.
However, a party may present evidence to modify, explain
or add to the terms of written agreement if he puts in
issue in his pleading:
(a)An intrinsic ambiguity, mistake or imperfection in the
written agreement;
(b)The failure of the written agreement to express the true
intent and agreement of the parties thereto;
(c)The validity of the written agreement; or
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(d)The existence of other terms agreed to by the parties or


their successors in interest after the execution of the
written agreement.
The term "agreement" includes wills.
 Parole5 Evidence, defined- any evidence
aliunde, whether oral or written, which is
intended or tends to vary or contradict a
complete and enforceable agreement
embodied in a document. It is also defined as
any outside or extrinsic evidence introduced to
modify or explain or add something to an
agreement that was put in writing.
 Parole Evidence Rule defined- a rule which
states that when the terms of an agreement
have been reduced to writing, it is considered
as containing all the terms agreed upon, and
there can be between the parties and their
successors in interest, no evidence of such
terms other than the contents of the written
agreement. It means that there can be no
evidence of the terms of the written agreement
other than the terms of the written agreement.
EXCEPTIONS TO THE PAROLE EVIDENCE RULE
A party may present evidence to modify, explain or add
to the terms of written agreement if he puts in issue in his
pleading:
1. An intrinsic ambiguity, mistake or imperfection in the
written agreement;
2. The failure of the written agreement to express the
true intent and agreement of the parties thereto;
3. The validity of the written agreement; or

5
The word parol came from the French word parole meaning word of
mouth or oral statement
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4. The existence of other terms agreed to by the parties or


their successors in interest after the execution of the
written agreement.
QUALIFICATION OF WITNESSES
Sec. 20.Witnesses; their qualifications. — Except as
provided in the next succeeding section, all persons who
can perceive, and perceiving, can make their known
perception to others, may be witnesses.
Religious or political belief, interest in the outcome of the
case, or conviction of a crime unless otherwise provided
by law, shall not be ground for disqualification.
 Witness defined- a person who makes a
statement to a judicial tribunal on a question of
fact.
 Qualifications of child witness:
 He must have capacity of observation
 He must have capacity of recollection
 He must have capacity of communication
 Qualification of a Witness:
 All persons who can perceive and
perceiving, and
 Can make known their perception to
others may be witnesses.

TYPES OF WITNESSES6:
 Biased witness- on who because of his relation
to the cause or to the parties is such that he has
an incentive to exaggerate or give false color to
his statements, or to suppress or pervert the
truth, or to state what is false.

6
The function of a witness generally is to give testimonial evidence in
court. A testimony by the way is a declaration made by a witness under
oath or affirmation.
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 Competent witness- one who is not legally


disqualified from testifying in courts of justice,
by reason of mental incapacity, interests or the
commission of crimes, or other cause rendering
him excluded from testifying.
 Dishonest witness- a witness who professes to
remember things upon which he cannot be
readily be contradicted and who declares that
he forgets those upon which he would be open
to contradiction. He usually takes refuge behind
the shelter afforded by the phrase “I don’t
remember”.
 Instrumental witnesses- a witness who attests
to the execution of a will or testament and
affirms the formalities attendant to said
execution.
 Credible witness- one whose testimony is worth
of credit and belief. One who is not disqualified
to testify by mental incapacity, crime or other
causes.
 Competent Witness- One who has all the
qualifications to testify. Thus he can perceive
and can make known his perception to others
regardless of political or religious belief or
interest and conviction of a crime.
Sec. 21.Disqualification by reason of mental incapacity or
immaturity. — The following persons cannot be
witnesses:
(a)Those whose mental condition, at the time of their
production for examination, is such that they are
incapable of intelligently making known their perception
to others;
(b)Children whose mental maturity is such as to render
them incapable of perceiving the facts respecting which
they are examined and of relating them truthfully.
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Deaf and mutes are competent witnesses when: they


can understand the nature of an oath, can
comprehend facts they are going to testify on, and
can communicate their ideas through qualified
interpreter.
A mental retardate is still qualified witness if he can
make known his perceptions to others.
The two tests to determine the insanity of a person
are:
TEST OF COGNITION- when the accused committed
the crime while under complete deprivation of
intelligence. We follow this rule in determining
insanity.
TEST OF VOLITION- when the accused committed the
crime while there is total deprivation of the
freedom of will.
Sec. 22.Disqualification by reason of marriage (Marital
Disqualification Rule/Spousal Disqualification Rule)). —
During their marriage, neither the husband nor the wife
may testify for or against the other without the consent
of the affected spouse, except
 in a civil case by one against the other, or
 in a criminal case for a crime committed by one
against the other or the latter's direct
descendants or ascendants.
 This privilege can be lost by consent or failure to
object
REASONS FOR THE MARITAL DISQUALIFICATION RULE:
1. The policy of the law is to guard the confidence of
private life even at the risk of occasional failure of
justice.
2. To preserve harmony between the husband and
wife and family.
3. There is identity of interests between the husband
and the wife.
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Sec. 23.Disqualification by reason of death or insanity of


adverse party. (Survivorship Disqualification Rule or Dead
Man’s Statute) — Parties or assignor of parties to a case,
or persons in whose behalf a case is prosecuted, against
an executor or administrator or other representative of a
deceased person, or against a person of unsound mind,
upon a claim or demand against the estate of such
deceased person or against such person of unsound
mind, cannot testify as to any matter of fact occurring
before the death of such deceased person or before such
person became of unsound mind.
 This privilege may be waived by cross
examining the witness
REASON OR BASIS OF THE DEAD MAN STATUTE
1. If one party to the alleged transaction is precluded
from testifying by death, insanity or mental
disabilities, the other party should not take
advantage of it by giving his own uncontradicted
account of what transpired.
2. This rule is designed to close the lips of the party
plaintiff when death has closed the lips of the
other party defendant, in order to remove from
the surviving party the temptation to falsehood
and the great possibility of fictitious and
exaggerated claims against the deceased.
Sec. 24.Disqualification by reason of privileged
communication. — The following persons cannot testify
as to matters learned in confidence in the following
cases:
(a)The husband or the wife, during or after the marriage,
cannot be examined without the consent of the other as
to any communication received in confidence by one
from the other during the marriage except in a civil case
by one against the other, or in a criminal case for a crime
committed by one against the other or the latter's direct
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descendants or ascendants; (Marital Communication


Rule/Spousal Immunity Rule/Husband and Wife Privilege)
(b)An attorney cannot, without the consent of his client,
be examined as to any communication made by the client
to him, or his advice given thereon in the course of, or
with a view to, professional employment, nor can an
attorney's secretary, stenographer, or clerk be examined,
without the consent of the client and his employer,
concerning any fact the knowledge of which has been
acquired in such capacity;
(c)A person authorized to practice medicine, surgery or
obstetrics cannot in a civil case, without the consent of
the patient, be examined as to any advice or treatment
given by him or any information which he may have
acquired in attending such patient in a professional
capacity, which information was necessary to enable him
to act in capacity, and which would blacken the
reputation of the patient;
(d)A minister or priest cannot, without the consent of the
person making the confession, be examined as to any
confession made to or any advice given by him in his
professional character in the course of discipline enjoined
by the church to which the minister or priest belongs;
(e)A public officer cannot be examined during his term of
office or afterwards, as to communications made to him
in official confidence, when the court finds that the
public interest would suffer by the disclosure.
GROUNDS FOR DISQUALIFICATION OF A WITNESS
 Disqualification by reason of mental incapacity or
immaturity;
 Disqualification by reason of marriage;
 Disqualification by reason of death or insanity of
adverse party;
 Disqualification by reason of privileged
communication between:
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 husband and wife;


 attorney and client;
 physician and patient;
 priest and penitent;
 public office (privilege of state secrets)

Q: Who are those disqualified to become a witness by


reason of mental incapacity or immaturity?
 Those whose mental condition at the time of their
production for examination, is such that they are
incapable of intelligently making known their
perception to others.
 Children whose mental maturity is such as to
render them incapable of perceiving the facts
respecting which they are examined and relating
them truthfully.

PRIVILEGED COMMUNICATION, defined- communications


received in confidence by a person from another by reason
of trust or intimate relationship may not be revealed to
the court.

DISQUALIFICATION BY REASON OF MARRIAGE7, defined-


according to this rule, during their marriage, neither the
husband or the wife may testify for or against the other
without the consent of the affected spouse, except:
 In a civil case by one against the other; or
 In a criminal case for a crime committed by one
against the other or the latter’s direct descendants
or ascendants
Requisites of Marital or Spousal Immunity Rule:

7
AKA- “Spousal Immunity Rule” or “Marital Disqualification Rule”
The reasons for the disqualification are the following: to promote
domestic peace and to prevent commission of perjury.
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 There must be a valid marriage;


 That marriage must be existing at the time of the
offer of the testimony;
 The spouse is a party to the transaction

The marital Communication Rule may be waived by:


 Failure to object to the testimony
 The spouse calls the other spouse to testify

Disqualification by Reason of Death or Insanity of Adverse


Party Rule8, defined- according to this rule, parties or
assignors of parties to a case or persons in whose behalf a
case is prosecuted, against an executor or administrator or
other representative of a deceased person, or against a
person of unsound mind, cannot testify as to any matter of
fact occurring before the death of such deceased person
or before such person became of unsound mind.

Requisites of Dead Man’s Statute:


1. That the witness offered for examination is a party
plaintiff, or the assignor of said party, or a person in whose
behalf a case is prosecuted;
2. The case is against the executor or administrator or
other representative of a person deceased or of unsound
mind;
3. The case is upon a claim or demand against the estate
of such deceased or unsound mind;
4. The testimony to be given is on a matter of fact
occurring before the death of the deceased person or
before such person became of unsound mine.

8
AKA- “Survivorship Disqualification Rule” or “Dead Man’s
Statute”
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Disqualification by Reason of Privileged Communication,


defined- a rule which state that the following person
persons cannot testify as to matters learned in confidence
in the following cases:
1. Husband or wife9- during or after the marriage,
cannot be examined without the consent of the other
as to any communication received in confidence by
one from the other during the marriage except in a
civil case by one against the other, or in a criminal
case for a crime committed by one against the other
or the latter’s direct descendants or ascendants.
2. Attorney10- cannot, without the consent of his client,
be examined as to any communication made by the
client to him, or his advice given thereon in the
course of, or with a view to, professional
employment, nor can the attorney’s secretary,
stenographer, or clerk be examined, without the
consent of the client and his employer concerning any
fact the knowledge of which has been acquired in
such capacity;
3. Person authorized to practice medicine, surgery or
obstetrics- in a civil case cannot be examined, without
the consent of the patient as to any advice or
treatment given by him or any information which he
may have acquired in attending such patient in a
professional capacity, which information was
necessary to enable him to act in that capacity, and
which would blacken the reputation of the patient.

9
This is known as the Marital Privilege Rule.
10
But a communication between a client and the advice by his attorney
as to how the client may commit a crime and escape punishment is not
privileged. However, there must also be distinction between a past
crime committed and a future crime sought to be committed by the
client.
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4. Minister or priest- without the consent of the person


making the confession, cannot be examined as to any
confession made or to any advice given by him in his
professional character in the course of discipline
enjoined by the church to which the minister or priest
belongs; (This privileged cannot be waived)
5. Public officer11- cannot be examined during his term
of office or afterwards, as to communications made
to him in official confidence, when the court finds
that the public interest would suffer by the
disclosure. (This privileged cannot be waived)

Requisites of Marital Privilege:


1. There was a valid marital relation;
2. The privilege is invoked with respect to confidential
communication between the spouses during the
marriage;
3. The spouse against whose the testimony is offered
has not given his consent.
DISQUALIFICATION BY REASON OF MARRIAGE
Distinguished from
DISQUALIFICATION BY REASON OF MARITAL PRIVILEGE
DQ By Reason of Marriage DQ By Reason of Marital
Privilege
1. May be invoked if one of It may be claimed whether
the spouses is a party to the or not the spouse is a party
action to the action.
2. Applicable only if the It can be claimed even after
marriage is existing at the the marriage has been
time the testimony is dissolved.
offered
3. It constitutes a total Applies only to confidential

11
Examples are RA 1405 The Law on Secrecy of Bank Deposits, PD
968 which treats investigation report of a probationer as privileged.
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prohibition against any communication between


testimony for or against the the spouses.
spouse of the witness.
Q: What is the purpose of the Privileged Communication
between a lawyer and client?
A: To encourage clients to make full disclosure to his
lawyer in matters affecting his rights and obligations.
However, in order that communication between a lawyer
and his client may be privileged, it must be for a lawful
purpose or lawful end.
Q: What are the requisites of physician and patient
privilege?
A: They are:
the privilege is claimed in a civil case
the person against whom it is claimed is duly
authorized to practice medicine
the physician acquired the information while he was
attending to the patient in his professional capacity
the information was necessary for him to act in that
capacity
the information must be confidential, that is if
disclosed would blacken the reputation of the
patient.
Sec. 25.Parental and filial privilege. — No person may be
compelled to testify against his parents, other direct
ascendants, children or other direct descendants.
PARENTAL PRIVILEGE- parents cannot be compelled to
testify against his descendants; while FILIAL PRIVILEGE
means, witness cannot be compelled to testify against his
parents or other direct ascendants
Sec. 26.Admission of a party. — The act, declaration or
omission of a party as to a relevant fact may be given in
evidence against him.
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 ADMISSION12, defined- any statement of a fact


by a party against his interest or unfavorable to
the conclusion for which he contends or is
inconsistent with the facts alleged by him. It is a
statement of fact which does not involve an
acknowledgment of guilt or liability (this is the
more popular definition)
 CONFESSION, defined- the declaration of an
accused expressly acknowledging his guilt of the
offense charged.

Admission distinguished from Confession:


1. An admission does not necessarily involve an
acknowledgement of guilt as in the case of
confession;
2. An admission may be expressed or tacit while a
confession is always express;
3. Admission may be made by third persons and in
certain cases admissible against a party, while a
confession can be made only by the party himself,
and in some instances are admissible against his
co-accused.

Q: What are the types of admissions?


A: They are:
1. Admission by a party
2. Admission by co partner or agent
3. Admission by co conspirator
4. Admission by privies
5. Admission by silence

12
In law practice, the superseded or amended pleadings lose their
character as pleading and cease to be judicial admissions
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 Flight from justice is an admission by conduct. “The


wicked flees when no man pursueth, but the innocent
is as bold as a lion.”
Sec. 27.Offer of compromise not admissible. — In civil
cases, an offer of compromise is not an admission of any
liability, and is not admissible in evidence against the
offeror.
In criminal cases, except those involving quasi-offenses
(criminal negligence) or those allowed by law to be
compromised, an offer of compromised by the accused
may be received in evidence as an implied admission of
guilt.
A plea of guilty later withdrawn, or an unaccepted offer
of a plea of guilty to lesser offense, is not admissible in
evidence against the accused who made the plea or offer.
An offer to pay or the payment of medical, hospital or
other expenses occasioned by an injury is not admissible
in evidence as proof of civil or criminal liability for the
injury.
Sec. 28.Admission by third party. — The rights of a party
cannot be prejudiced by an act, declaration, or omission
of another, except as hereinafter provided.
This section is known as the RES INTER ALIOS ACTA
ALTERI NOCERE NON DEBET rule, which means “things
done between strangers should not injure those who are
not parties to them.”
Sec. 29. Admission by co-partner or agent. — The act or
declaration of a partner or agent of the party within the
scope of his authority and during the existence of the
partnership or agency, may be given in evidence against
such party after the partnership or agency is shown by
evidence other than such act or declaration. The same
rule applies to the act or declaration of a joint owner,
joint debtor, or other person jointly interested with the
party.
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Q: What are the requisites of admission by a co partner or


agent?
A: They are:
1. the act or declaration was made within the scope
of his authority;
2. it was made during the existence of the partnership
or agency;
3. the partnership or agency is proved by evidence
other than such act or declaration.
Sec. 30.Admission by conspirator. — The act or
declaration of a conspirator relating to the conspiracy
and during its existence, may be given in evidence against
the co-conspirator after the conspiracy is shown by
evidence other than such act of declaration.
Sec. 31.Admission by privies. — Where one derives title
to property from another, the act, declaration, or
omission of the latter, while holding the title, in relation
to the property, is evidence against the former.
Q: Who is a privy?
A: He is one who derives his title to property from another
by purchase, conveyance or some other modes.
Sec. 32.Admission by silence (Adoptive Omission). — An
act or declaration made in the presence and within the
hearing or observation of a party who does or says
nothing when the act or declaration is such as naturally
to call for action or comment if not true, and when
proper and possible for him to do so, may be given in
evidence against him.
Q: What is the basis for the rule on admission by silence?
A: The instinct of man is to resist an accusation or
unfounded claim and defend himself, because it is totally
against human nature to remain silent and say nothing in
the face of false accusations.
Sec. 33.Confession. — The declaration of an accused
acknowledging his guilt of the offense charged, or of any
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offense necessarily included therein, may be given in


evidence against him.
 CONFESSION- a categorical acknowledgement
of guilt made by the accused in a criminal case,
without an exculpatory statement or
explanation.
 JUDICIAL CONFESSION- is one made before a
court in which the case is pending and in the
course of the legal proceedings therein, and by
itself, can sustain a conviction.
 EXTRAJUDICIAL CONFESSION- one made
outside the court and cannot sustain a
conviction unless corroborated by evidence of
corpus delicti.

 CORPUS DELICTI defined- it may refer to:


 The body of the crime or;
 The actual commission of the crime
charged; or
 The fact that a crime has been actually
committed.
Requisites of Confession:
1. Confession must be express and categorical;
2. Confession must be intelligent;
3. Confession must be voluntarily given;
4. There must be no violation of article III Sec. 12 of the
Constitution.

INTERLOCKING CONFESSION- is a confession in a criminal


case so corroborative of each other as to impose faith
that they must have a basis in fact. Where extrajudicial
confession have been made by several persons charged
with conspiracy and there could have been no collusion
with reference to several confessions, the fact that the
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statements are in all material respects identical is


confirmatory of the testimony of the accomplice.
PREVIOUS CONDUCT AS EVIDENCE
Sec. 34.Similar acts as evidence. — Evidence that one did
or did not do a certain thing at one time is not admissible
to prove that he did or did not do the same or similar
thing at another time; but it may be received to prove a
specific intent or knowledge; identity, plan, system,
scheme, habit, custom or usage, and the like. (Res inter
alios act alteri noceri non debet-Part II)
This section is known as SIMILAR ACT RULE OR PREVIOUS
CONDUCT RULE.
Q: What is the basis of the rule on similar act rule or
previous conduct rule or the res inter alios acta alteri
noceri non debet rule part 2?
A: The fact that a person has committed the same or
similar acts at some prior time does not mean that he
committed the same act in question.
Sec. 35.Unaccepted offer. — An offer in writing to pay a
particular sum of money or to deliver a written
instrument or specific personal property is, if rejected
without valid cause, equivalent to the actual production
and tender of the money, instrument, or property.
TESTIMONIAL KNOWLEDGE
Sec. 36.Testimony generally confined to personal
knowledge; hearsay excluded. — A witness can testify
only to those facts which he knows of his personal
knowledge; that is, which are derived from his own
perception, except as otherwise provided in these rules.
Q: This section is known as the TESTIMONIAL
KNOWLEDGE RULE. What is the testimonial knowledge
rule?
A: It means that the testimony of a witness must be based
on his personal knowledge as hearsays are excluded.
Q: What is “hearsay evidence”?
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A: It is evidence not of what the witness knows himself by


personal knowledge but of what he has heard from others.
Hearsay evidence as a general rule is not allowed. It is also
known as SECOND HAND EVIDENCE.
Q: What is double hearsay (multiple hearsay)?
A: The testimony of a person with respect to what was
told him by another who was not a witness to a fact but
who only obtained knowledge thereof from another.
Q: Why is hearsay evidence excluded?
A: It is excluded because the party against whom it is
presented is deprived of the right and opportunity to cross
examine the persons to whom the statement is attributed.
Q: Rule on the admissibility of an affidavit?
A: An affidavit is hearsay and hence not admissible unless
the affiant (maker) is presented in court.
Q: What is the DOCTRINE OF INDEPENDENTLY RELEVANT
STATEMENT?
A: It states that when the testimony is presented to
establish not the truth but only the tenor of the statement
or the fact that the statement was made, it is not hearsay
and hence admissible. Under this rule, only the fact that
such statements were made is relevant and admissible,
but the truth or even the falsity thereof is not material.

EXCEPTIONS TO THE HEARSAY RULE


Sec. 37.Dying declaration. — The declaration of a dying
person, made under the consciousness of an impending
death, may be received in any case wherein his death is
the subject of inquiry, as evidence of the cause and
surrounding circumstances of such death.
Sec. 38.Declaration against interest. — The declaration
made by a person deceased, or unable to testify, against
the interest of the declarant, if the fact is asserted in the
declaration was at the time it was made so far contrary
to declarant's own interest, that a reasonable man in his
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position would not have made the declaration unless he


believed it to be true, may be received in evidence
against himself or his successors in interest and against
third persons. hanrovirtulaw library
Sec. 39.Act or declaration about pedigree. — The act or
declaration of a person deceased, or unable to testify, in
respect to the pedigree of another person related to him
by birth or marriage, may be received in evidence where
it occurred before the controversy, and the relationship
between the two persons is shown by evidence other
than such act or declaration. The word "pedigree"
includes relationship, family genealogy, birth, marriage,
death, the dates when and the places where these fast
occurred, and the names of the relatives. It embraces
also facts of family history intimately connected with
pedigree.
Sec. 40.Family reputation or tradition regarding
pedigree13. — The reputation or tradition existing in a
family previous to the controversy (ante litem motam), in
respect to the pedigree of any one of its members, may
be received in evidence if the witness testifying thereon
be also a member of the family, either by consanguinity
or affinity. Entries in family bibles or other family books
or charts, engravings on rings, family portraits and the
like, may be received as evidence of pedigree.
Sec. 41.Common reputation. — Common reputation
existing previous to the controversy, respecting facts of
public or general interest more than thirty years old, or
respecting marriage or moral character, may be given in
evidence. Monuments and inscriptions in public places
may be received as evidence of common reputation.
Sec. 42.Part of res gestae. — Statements made by a
person while a starting occurrence is taking place or

13
Here, the declarant need not be dead.
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immediately prior or subsequent thereto with respect to


the circumstances thereof, may be given in evidence as
part of res gestae. So, also, statements accompanying an
equivocal act material to the issue, and giving it a legal
significance, may be received as part of the res gestae.
Sec. 43.Entries in the course of business. — Entries made
at, or near the time of transactions to which they refer,
by a person deceased, or unable to testify, who was in a
position to know the facts therein stated, may be
received as prima facie evidence, if such person made the
entries in his professional capacity or in the performance
of duty and in the ordinary or regular course of business
or duty.
Sec. 44.Entries in official records. — Entries in official
records made in the performance of his duty by a public
officer of the Philippines, or by a person in the
performance of a duty specially enjoined by law, are
prima facie evidence of the facts therein stated.
Sec. 45.Commercial lists and the like. — Evidence of
statements of matters of interest to persons engaged in
an occupation contained in a list, register, periodical, or
other published compilation is admissible as tending to
prove the truth of any relevant matter so stated if that
compilation is published for use by persons engaged in
that occupation and is generally used and relied upon by
them therein.
Sec. 46.Learned treatises. — A published treatise,
periodical or pamphlet on a subject of history, law,
science, or art is admissible as tending to prove the truth
of a matter stated therein if the court takes judicial
notice, or a witness expert in the subject testifies, that
the writer of the statement in the treatise, periodical or
pamphlet is recognized in his profession or calling as
expert in the subject.
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Sec. 47.Testimony or deposition at a former proceeding.


— The testimony or deposition of a witness deceased or
unable to testify, given in a former case or proceeding,
judicial or administrative, involving the same parties and
subject matter, may be given in evidence against the
adverse party who had the opportunity to cross-examine
him.
 Testimony Generally Confined To Personal
Knowledge; Hearsay14 Excluded: A witness can
testify only to those facts he knows of his personal
knowledge that is, which are derived from his own
perception, meaning the testimony of the witness
must be based on personal knowledge, not on
what he heard from others or what other people
told him because what he heard or what the others
told him is hearsay.

Q: When is evidence hearsay?”


A: An evidence is hearsay if its probative value is not
based on the personal knowledge of the witness but on
the knowledge of some other person not on the witness
stand.
Q: What is hearsay testimony?
A: A testimony offered against a party who had no
opportunity to cross-examine the witness.

 Hearsay evidence may be admitted by failure of the


party to make timely objections.
 Independently relevant Statement- a doctrine
which states that regardless of the truth or falsity

14
Under Section 28 of the Rule on examination of a Child Witness,
hearsay testimony of a child describing any act or attempted act of
sexual abuse may be admitted as evidence.
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of a statement, the fact that it has been made or


relevant, the hearsay rule does not apply but the
statement may be shown.
 The test to determine whether an evidence is
hearsay is whether the adverse party is deprived of
the opportunity to confront or cross examine the
witness against him.
EXCEPTIONS TO THE HEARSAY EVIDENCE RULE
1. Dying Declaration;
2. declaration Against Interest;
3. Act or declaration About Pedigree;
4. Family reputation or Tradition Regarding
Pedigree15;
5. Common Reputation;
6. Parts of the Res Gestae;
7. Entries in the Course of Business;
8. Entries in Official Record;
9. Commercial Lists and the Like;
10. Learned treatises.
DYING DECLARATION (ANTE MORTEM STATEMENT OR
STAEMENT IN ARTICULO MORTIS OR DECLARATION IN
EXTREMIS) - is the declaration of a person, made under
the consciousness of an impending death, maybe received
in any case wherein his death is the subject of inquiry, as
evidence of the cause and surrounding circumstances of
his death
Requisites of a Dying Declaration:
1. That death is imminent and the declarant is
conscious of that fact;
2. The declaration refers to the cause and
surrounding circumstances of such death;
15
Ones testimony regarding her age acquired by him from whatever is
told by her parents or relatives is admissible as it constitutes an
assertion of family tradition. Except in case of a minor because age
must be proven by competent evidence.
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3. The declaration relates to facts which the


victim is competent to testify to;
4. The declaration is offered in a case wherein
the declarant’s death is the subject of inquiry.
5. The declaration was made under the
consciousness of an impeding death
6. The declarant thereafter dies
Q: Why is dying declaration admissible?
A: Because when a person is at the point of death, every
motive to falsehood is silenced and the mind is induced by
the most powerful considerations to speak the truth. Truth
sits on the lips of dying men.
DECLARATION AGAINST INTEREST- this is the declaration
made by a deceased person, or unable to testify, against
the interest of the declarant, if the fact asserted in the
declaration
was at the time it was made so far contrary to declarant’s
own interest that a reasonable man in his position would
not have made the declaration unless he believed it to be
true, may be received in evidence against himself or his
successors in interest and against third persons.

Requisites of Declaration Against Interest:


1. That the declarant is dead or unable to testify;
2. That it relates to a fact against the interest of the
declarant;
3. That at the time he made said declaration, the
declarant was aware that the same was contrary to his
interest;
4. The declarant had no motive to falsify and believed
such declaration to be true.
ACT OR DECLARATION ABOUT PEDIGREE REQUISITES:
1. the declarant is dead or unable to testify;
2. the declarant is related to the person whose
pedigree is subject of inquiry by birth or marriage;
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3. there is evidence to prove the relationship other


than such declaration;
4. that declaration was made ante litem motam (prior
to the controversy).

FAMILY REPUTATION OR TRADITION REGARDING


PEDIGREE REQUISITES:
1. There is controversy in respect to the pedigree of
any family member;
2. The reputation or tradition of the pedigree of the
subject person existed prior to the controversy;
3. The witness testifying to the reputation or tradition
regarding the pedigree of the person is also a
member of the family of the subject person.
PARTS OF THE RES GESTAE16- these are statements made
by a person while a startling occurrence is taking place or
immediately prior or subsequent thereto with respect to
the circumstances thereof, may be given in evidence. So
also a statement accompanying an equivocal act material
to the issue and giving it legal significance may be received
as part of the res gestae.
Res Gestae refers to those exclamations or statements
made by either the participants, victims, or spectators to a
crime immediately before, during or immediately after its
commission, when the circumstances are such that the
statements were made a spontaneous reaction or
utterance inspired by excitement of the occasion and
there was no opportunity for the declarant to fabricate a
false statement. The statement is one uttered without
reflection, involuntarily, perhaps even without the
declarant’s awareness of having uttered the same.
Requisites of Res Gestae:
1. The statement must be spontaneous;

16
In English Res Gestae may be translated as: “Things done”
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2. Made while a startling occurrence is taking place or


immediately prior or subsequent thereto;
3. It must relate to the circumstances of the startling
occurrence.
Distinguish Res Gestae from Dying Declaration:
1. Dying declaration are made only after the
homicidal attack has been committed; but in res
gestae, the statement may precede accompany or
be made after the homicidal attack.
2. Dying declaration are made only by the victim;
while statements as part of res gestae may be that
of the killer himself or that of the third person.
3. The trustworthiness of the dying declaration is
based upon its being given under an awareness of
impending death, while on res gestae has its
justification on the spontaneity of the statement.

ENTRIES IN THE COURSE OF BUSINESS REQUISITES


(Business Entries Rule or Shop Book Rule)
1. The person made an entry;
2. That person is either dead or unable to testify
3. The entries were made at or near the time of the
transaction
4. The entrant was in a position to know the facts
stated therein
5. The entries were made in his professional capacity
or performance of legal, moral or religious duties.
ENTRIES IN OFFICIAL RECORDS REQUISITES
1. An entry was made by a person;
2. He is a public officer or one enjoined by law to do
so;
3. It was made in the performance of duty;
4. The entrant had sufficient knowledge of the facts
stated by him
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Often repeated statements on:


1. Handwriting experts
2. Paraffin Tests
3. Medical Certificate
4. Polygraph Examination
5. Tape Recordings
6. DNA etc.
Q: What is the TOTALITY OF CIRCUMSTANCES DOCTRINE?
A: It is a test to determine the reliability and even
admissibility of out of court identification of accused. The
factors as enumerated are:
1. The witness’ opportunity to view the criminal at
the time of the commission of the crime.
2. the level of certainty demonstrated by the witness
at the time of identification
3. The suggestiveness of the identification process.
OPINION RULE
Sec. 48.General rule. — The opinion of witness is not
admissible, except as indicated in the following sections.
Sec. 49.Opinion of expert witness. — The opinion of a
witness on a matter requiring special knowledge, skill,
experience or training which he shown to posses, may be
received in evidence.
Sec. 50.Opinion of ordinary witnesses. — The opinion of a
witness for which proper basis is given, may be received
in evidence regarding —
(a)the identity of a person about whom he has adequate
knowledge;
(b)A handwriting with which he has sufficient familiarity;
and
(c)The mental sanity of a person with whom he is
sufficiently acquainted.
The witness may also testify on his impressions of the
emotion, behavior, condition or appearance of a person.
CHARACTER EVIDENCE
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Sec. 51.Character evidence not generally admissible;


exceptions: —
In Criminal Cases:
(1)The accused may prove his good moral character
which is pertinent to the moral trait involved in the
offense charged.
(2)Unless in rebuttal, the prosecution may not prove his
bad moral character which is pertinent to the moral trait
involved in the offense charged.
(3)The good or bad moral character of the offended party
may be proved if it tends to establish in any reasonable
degree the probability or improbability of the offense
charged.
In Civil Cases:
Evidence of the moral character of a party in civil case is
admissible only when pertinent to the issue of character
involved in the case.
(c)In the case provided for in Rule 132, Section 14
Q: Distinguish character from reputation.
A: Character is what a man really is, reputation is what
other people a man say he is. As a general rule the
prosecution cannot prove the bad moral character of the
accused. However, if the accused in his defense attempts
to prove his good moral character, then the prosecution
can introduce evidence of his bad moral character at the
rebuttal stage.
RULE 131
Burden of Proof and Presumptions
SECTION 1.Burden of proof. — Burden of proof is the
duty of a party to present evidence on the facts in issue
necessary to establish his claim or defense by the amount
of evidence required by law.
BURDEN OF PROOF (ONUS PROBANDI), defined- it is the
duty of a party to present evidence on the facts in issue
necessary to establish his claim or defense.
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BURDEN OF PROOF (ONUS PROBANDI) distinguished from


BURDEN OF EVIDENCE (ONUS EVIDENTIAE)
Burden of Proof Burden of Evidence
1. Burden of proof does not Burden of evidence shifts
shift because it remains from one party to another
with the party upon whom
it is imposed
2. Burden of proof is Burden of evidence is
determined by the determined by the
pleadings filed by the party development at the trial
Sec. 2.Conclusive presumptions. — The following are
instances of conclusive presumptions:
(a)Whenever a party has, by his own declaration, act, or
omission, intentionally and deliberately led to another to
believe a particular thing true, and to act upon such
belief, he cannot, in any litigation arising out of such
declaration, act or omission, be permitted to falsify it:
This is known as: ESTOPPEL IN PAIS
(b)The tenant is not permitted to deny the title of his
landlord at the time of commencement of the relation of
landlord and tenant between them.
This is known as: ESTOPPEL BY DEED17
Q: What is conclusive presumption?
A: It is an inference which the law makes so peremptory
that it will not allow such inference to be overturned by
any contrary proof however strong. Conclusive
presumption is also known as presumption juris et de jure.
Q: What is disputable presumption?
A: It is a presumption which stands as true unless
rebutted by contrary evidence. This is also known as
presumption juris tantum.

17
Or Estoppel By Conduct.
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Sec. 3.Disputable presumptions. — The following


presumptions are satisfactory if uncontradicted, but may
be contradicted and overcome by other evidence:
(a)That a person is innocent of crime or wrong;
(b)That an unlawful act was done with an unlawful
intent;
(c)That a person intends the ordinary consequences of his
voluntary act;
(d)That a person takes ordinary care of his concerns;
(e)That evidence willfully suppressed would be adverse if
produced;
(f)That money paid by one to another was due to the
latter;
(g)That a thing delivered by one to another belonged to
the latter;
(h)That an obligation delivered up to the debtor has been
paid;
(i)That prior rents or installments had been paid when a
receipt for the later one is produced;
(j)That a person found in possession of a thing taken in
the doing of a recent wrongful act is the taker and the
doer of the whole act; otherwise, that things which a
person possess, or exercises acts of ownership over, are
owned by him;
(m)That official duty has been regularly performed;
(w)That after an absence of seven years, (7) it being
unknown whether or not the absentee still lives, he is
considered dead for all purposes, except for those of
succession.
The absentee shall not be considered dead for the
purpose of opening his succession till after an absence of
ten years (10). If he disappeared after the age of seventy-
five years, an absence of five years (5) shall be sufficient
in order that his succession may be opened.
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The following shall be considered dead for all purposes


including the division of the estate among the heirs:
(1)A person on board a vessel lost
during a sea voyage, or an aircraft
with is missing, who has not been
heard of for four years since the
loss of the vessel or aircraft;
(2)A member of the armed forces
who has taken part in armed
hostilities, and has been missing for
four years;
(3)A person who has been in danger
of death under other circumstances
and whose existence has not been
known for four years;
(4)If a married person has been
absent for four consecutive years,
the spouse present may contract a
subsequent marriage if he or she
has well-founded belief that the
absent spouse is already death. In
case of disappearance, where there
is a danger of death the
circumstances hereinabove
provided, an absence of only two
years shall be sufficient for the
purpose of contracting a
subsequent marriage. However, in
any case, before marrying again,
the spouse present must institute
summary proceedings as provided
in the Family Code and in the rules
for declaration of presumptive
death of the absentee, without
prejudice to the effect of
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reappearance of the absent spouse.


aw library
(dd)That if the marriage is
terminated and the mother
contracted another marriage within
three hundred days after such
termination of the former marriage,
these rules shall govern in the
absence of proof to the contrary:
(1)A child born before one hundred
eighty days after the solemnization
of the subsequent marriage is
considered to have been conceived
during such marriage, even though
it be born within the three hundred
days after the termination of the
former marriage.
(2)A child born after one hundred
eighty days following the
celebration of the subsequent
marriage is considered to have
been conceived during such
marriage, even though it be born
within the three hundred days after
the termination of the former
marriage.
(ff)That the law has been obeyed;
(jj)That except for purposes of
succession, when two persons
perish in the same calamity, such as
wreck, battle, or conflagration, and
it is not shown who died first, and
there are no particular
circumstances from which it can be
inferred, the survivorship is
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determined from the probabilities


resulting from the strength and the
age of the sexes, according to the
following rules:
1.If both were under the age
of fifteen years, the older is
deemed to have survived;
2. If both were above the
age sixty, the younger is
deemed to have survived;
3. If one is under fifteen and
the other above sixty, the
former is deemed to have
survived;
4. If both be over fifteen and
under sixty and the sex be
different, the male is
deemed to have survived, if
the sex be the same, the
older;
5.If one be under fifteen or
over sixty, and the other
between those ages, the
latter is deemed to have
survived.
(kk)That if there is a doubt, as
between two or more persons who
are called to succeed each other, as
to which of them died first,
whoever alleges the death of one
prior to the other, shall prove the
same; in the absence of proof, they
shall be considered to have died at
the same time. (5a)
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Presumption of Law- is known as presumption


presumtiones juris. They are the conclusive (juris et de
jure) and disputable presumptions (presumption juris
tantum).

Presumption of fact is known as presumtiones hominis


Q: Mention some common and well recognized
presumptions by jurisprudence.
A: They are:
1. A man and a woman living together are married.
2. That every person is of sound mind as sanity is
presumed and not insanity.
3. Good faith is always presumed and not bad faith.
4. That a person is potent because impotency being
an abnormality is not presumed.
Q: What is the doctrine of STALE DEMANDS?
A: It is the failure or neglect for an unreasonable and
unexplained length of time to do that which, by exercising
due diligence, could or should have been done earlier,
thus giving rise to a presumption that the party entitled to
assert it has abandoned or declined to assert it. The
doctrine of stale demands is also known as LACHES.
QUANTUM OF PROOF REQUIRED IN DIFFERENT CASES
TYPE OF PROCEEDINGS QUANTUM OF PROOF
REQUIRED
1. Civil Cases Preponderance of Evidence
2. Administrative Cases, Substantial Evidence
Labor Cases
3. Criminal Cases18 Proof Beyond Reasonable
Doubt
4. Other Cases Clear and Convincing
Evidence

18
In criminal cases the burden of proof to prove that the accused is
guilty rests on the prosecution.
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PREPONDERANCE OF EVIDENCE- it means that the


testimony adduced by one side is more credible and
conclusive than that of the other, or the evidence as a
whole, adduced by one side is superior to the other. It is
not meant the mere numerical array of witnesses, but it
means the weight, credit and value of the aggregate
evidence on either side.

SUBSTANTIAL EVIDENCE- such relevant evidence as a


reasonable mind might accept as adequate to support a
conclusion.

CLEAR AND CONVINCING EVIDENCE- is evidence more


than preponderance of evidence but less than proof
beyond reasonable doubt. It is the quantum required to
prove insanity, paternity or filiation, self defense among
others.

RULE 132
PRESENTATION OF EVIDENCE
A. EXAMINATION OF WITNESSES
SECTION 1.Examination to be done in open court. — The
examination of witnesses presented in a trial or hearing
shall be done in open court, and under oath or
affirmation. Unless the witness is incapacitated to speak,
or the questions call for a different mode of answer, the
answers of the witness shall be given orally.
Q: What is an oath?
A: A form of attestation by which a person signifies that he
is bound in conscience and that in case he does not tell the
truth divine retribution would follow against him.
Q: What is an affirmation?
A: A declaration instead of an oath that a person will tell
the truth.
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Sec.2.Proceedings to be recorded. — The entire


proceedings of a trial or hearing, including the questions
propounded to a witness and his answers thereto, the
statements made by the judge or any of the parties,
counsel, or witnesses with reference to the case, shall be
recorded by means of shorthand or stenotype or by other
means of recording found suitable by the court.
A transcript of the record of the proceedings made by the
official stenographer, stenotypist or recorder and
certified as correct by him shall be deemed prima facie a
correct statement of such proceedings.
Sec. 3.Rights and obligations of a witness. — A witness
must answer questions, although his answer may tend to
establish a claim against him. However, it is the right of a
witness:
(1)To be protected from irrelevant, improper, or insulting
questions, and from harsh or insulting demeanor;
(2)Not to be detained longer than the interests of justice
require;
(3)Not to be examined except only as to matters
pertinent to the issue;
(4)Not to give an answer which will tend to subject him
to a penalty for an offense unless otherwise provided by
law; or
This is the right of the person against self incrimination.
But it is not self executing or automatically operational. It
must be claimed. Otherwise it is considered waived, as by
failure to claim it at the appropriate time. Hence, the
accused must actively invoke it. The proper time to invoke
it is when a question calling for incriminating answer is
asked. Note also that it applies to testimonial compulsion
only.
(5)Not to give an answer which will tend to degrade his
reputation, unless it to be the very fact at issue or to a
fact from which the fact in issue would be presumed. But
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a witness must answer to the fact of his previous final


conviction for an offense.
Sec. 4.Order in the examination of an individual witness.
— The order in which the individual witness may be
examined is as follows;
(a)Direct examination by the proponent; (Also known as
EXAMINATION IN CHIEF)
(b)Cross-examination by the opponent;
(c)Re-direct examination by the proponent;
(d)Re-cross-examination by the opponent.
Sec. 5.Direct examination. — Direct examination is the
examination-in-chief of a witness by the party presenting
him on the facts relevant to the issue.
Sec. 6.Cross-examination; its purpose and extent. —
Upon the termination of the direct examination, the
witness may be cross-examined by the adverse party as
to many matters stated in the direct examination, or
connected therewith, with sufficient fullness and
freedom to test his accuracy and truthfulness and
freedom from interest or bias, or the reverse, and to elicit
all important facts bearing upon the issue.
Q: What is “Laying the Predicate”?
A: A process of cross examining the witness by first laying
a ground upon cross examination, and if denied by the
witness, then by introducing evidence of contradictory
statements to impeach him.
Q: What is the “English Rule on Cross Examination”?
A: Under this rule, a witness maybe examined not only
upon matters testified to by him on his direct examination,
but also upon on all matters relevant to the issue. We
follow this style of cross examination.
Sec. 7.Re-direct examination; its purpose and extent. —
After the cross-examination of the witness has been
concluded, he may be re-examined by the party calling
him, to explain or supplement his answers given during
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the cross-examination. On re-direct-examination,


questions on matters not dealt with during the cross-
examination, may be allowed by the court in its
discretion.
Sec. 8.Re-cross-examination. — Upon the conclusion of
the re-direct examination, the adverse party may re-
cross-examine the witness on matters stated in his re-
direct examination, and also on such other matters as
may be allowed by the court in its discretion.
Rebuttal Evidence and Sur Rebuttal Evidence
Sec. 9.Recalling witness19. — After the examination of a
witness by both sides has been concluded, the witness
cannot be recalled without leave of the court. The court
will grant or withhold leave in its discretion, as the
interests of justice may require.
Sec. 10. Leading and misleading questions. — A question
which suggests to the witness the answer which the
examining party desires is a LEADING QUESTION. It is not
allowed, except:brary
(a)On cross examination;
(b)On preliminary matters;
(c)When there is a difficulty is getting direct and
intelligible answers from a witness who is ignorant, or a
child of tender years, or is of feeble mind, or a deaf-mute;
(d)Of an unwilling or hostile witness; or
(e)Of a witness who is an adverse party or an officer,
director, or managing agent of a public or private
corporation or of a partnership or association which is an
adverse party.
A MISLEADING QUESTION is one which assumes as true a
fact not yet testified to by the witness, or contrary to that
which he has previously stated. It is not allowed.

19
Recalling witnesses is discretionary upon the court.
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Sec. 11.Impeachment of adverse party's witness. — A


witness may be impeached by the party against whom he
was called, by:
1. contradictory evidence,
2. by evidence that his general reputation for truth,
honestly, or integrity is bad, or
3. by evidence that he has made at other times
statements inconsistent with his present,
testimony, but not by evidence of particular
wrongful acts, except that it may be shown by the
examination of the witness, or the record of the
judgment, that he has been convicted of an
offense.
Sec. 12. Party may not impeach his own witness. —
Except with respect to witnesses referred to in paragraphs
d (unwilling or hostile witness) and e (witness who is
adverse party) of Section 10, the party producing a witness
is not allowed to impeach his credibility.
A witness may be considered as unwilling or hostile only
if so declared by the court upon adequate showing of his
adverse interest, unjustified reluctance to testify, or his
having misled the party into calling him to the witness
stand.
The unwilling or hostile witness so declared, or the
witness who is an adverse party, may be impeached by
the party presenting him in all respects as if he had been
called by the adverse party, except by evidence of his bad
character. He may also be impeached and cross-
examined by the adverse party, but such cross-
examination must only be on the subject matter of his
examination-in-chief.
Sec. 13 .How witness impeached by evidence of
inconsistent statements. — Before a witness can be
impeached by evidence that he has made at other times
statements inconsistent with his present testimony, the
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statements must be related to him, with the


circumstances of the times and places and the persons
present, and he must be asked whether he made such
statements, and if so, allowed to explain them. If the
statements be in writing they must be shown to the
witness before any question is put to him concerning
them. (This section is known as LAYING THE PREDICATE)
Q: State the steps by which a witness may be impeached
by prior inconsistent statements.
A: They are:
1. SHOW to the witness the statement in writing.
2. RELATE to the witness the statement with the
circumstances of time, persons and places.
3. ASK the witness if he made those statements.
4. EXPLAINATION is demanded of the witness
regarding the alleged inconsistencies.
Sec. 14.Evidence of good character of witness. —
Evidence of the good character of a witness is not
admissible until such character has been impeached.
Sec. 15.Exclusion and separation of witnesses. — On any
trial or hearing, the judge may exclude from the court
any witness not at the time under examination, so that
he may not hear the testimony of other witnesses. The
judge may also cause witnesses to be kept separate and
to be prevented from conversing with one another until
all shall have been examined.
Sec. 16.When witness may refer to memorandum. — 1. A
witness may be allowed to refresh his memory respecting
a fact, by anything written or recorded by himself or under
his direction at the time when the fact occurred, or
immediately thereafter, or at any other time when the fact
was fresh in his memory and knew that the same was
correctly written or recorded (This is known as Present
Recollection Revived); but in such case the writing or
record must be produced and may be inspected by the
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adverse party, who may, if he chooses, cross examine the


witness upon it, and may read it in evidence. 2. A witness
may testify from such writing or record, though he retain
no recollection of the particular facts, if he is able to swear
that the writing or record correctly stated the transaction
when made; but such evidence must be received with
caution (This is known as Past Recollection Recorded).
Sec. 17.When part of transaction, writing or record given
in evidence, the remainder, admissible. — When part of
an act, declaration, conversation, writing or record is
given in evidence by one party, the whole of the same
subject may be inquired into by the other, and when a
detached act, declaration, conversation, writing or record
is given in evidence, any other act, declaration,
conversation, writing or record necessary to its
understanding may also be given in evidence. (This is
known as the OPEN YOUR DOOR POLICY OR THE
COMPLETENESS RULE).
Q: State the Open Door Policy or Completeness Rule of the
law on evidence.
A: It states when part of an act, declaration, conversation,
writing or record is given in evidence by one party, the
whole of the same subject may be inquired into by the
other
Sec. 18.Right to respect writing shown to witness. —
Whenever a writing is shown to a witness, it may be
inspected by the adverse party.

PROPER ORDER IN THE EXAMINATION OF A WITNESS (D-


C-RD-RC-R)
1. Direct examination by the proponent- direct
examination is the examination in chief of a witness by the
party presenting him on the facts relevant to the issue.
2. Cross examination- a mode of procedure to test the
truth of the statements made by a witness under direct
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examination by testing the recollection, veracity, accuracy,


honesty and bias or prejudice of a witness, and exhibit the
improbabilities of his testimonies.
3. Re-direct examination- a procedure to meet and
answer the cross examination, to explain or supplement
statements made on cross examination which tend to
create doubts and to contradict matters drawn forth on
direct examination.
4. Re-cross examination- a procedure by which a party re-
examines the witness on matter stated in his re-direct
examination.

LEADING QUESTIONS, defined- it is a question which


suggests to the witness the answer which the examining
party desires to hear. It is one by which the answer of a
witness may be rather an echo to the question than a
genuine recollection of events. As a general rule leading
questions are NOT ALLOWED.

Exceptions to the rule that leading questions are not


allowed
(In the following cases leading questions are now allowed)
1. On cross examination;
2. On preliminary matters;
3. When there is difficulty in getting from ignorant or
child witness, or deaf mute witness a direct and
intelligible answer.
4. Unwilling or hostile witness
5. Witness who is an adverse party

MISLEADING QUESTION defined- it is one which assumes


as true a fact not yet testified to by the witness, or
contrary to that which he has previously stated.
Misleading questions are not allowed.
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Ways of Impeaching an Adverse Party Witness:


A party may impeach the witness against him by:
1. Contradictory evidence;
2. Evidence of prior inconsistent statement;
3. Evidence of his bad character.

Q: Under the law on evidence “impeachment” of a witness


means:
a. discrediting a witness c.
browbeating with the witness
b. removing the President of the Philippines d.
respecting the witness

LAYING THE PREDICATE, defined- a rule of evidence which


ordains that before a witness can be impeached by
evidence that he has made at other times statement
inconsistent with his present testimony, the statement
must be related to him, with the circumstances of the
times and the places and the persons present, and he
must be asked whether he made such statements and if
so, allowed to explain them. If the statement is in writing,
they must be shown to him before any question is put to
him concerning them.

REVIVAL OF PRESENT MEMORY or PRESENT


RECOLLECTION REVIVED- a rule which allows a witness to
refer to a memorandum for the purpose of refreshing his
memory respecting a fact provided:
 That the memorandum has been
written by him or under his
direction;
 That it was written: When the fact
occurred, or immediately
thereafter, or at anytime when the
fact was fresh in his memory and
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he knew that the same was


correctly stated.
REVIVAL OF PRESENT RECOLLECTION or PAST
RECOLLECTION RECORDED- a rule which allows a witness
to testify from a memorandum or writing, though he
retains no recollection of particular facts , if he is able to
swear that the writing correctly stated the transaction
when made.

How is the genuiness of a handwriting be proved:


It may be proved:
1. By anyone who saw the document executed or
written; or
2. By evidence of the genuiness of the signature or
handwriting of the maker

Q: What is “OFFER OF EVIDENCE”?


A: means the presentation or introduction of evidence in
court. The court shall consider no evidence which has not
been formally offered.
AUTHENTICATION20 AND PROOF OF DOCUMENTS
Sec. 19.Classes of Documents. — For the purpose of their
presentation evidence, documents are either public or
private.
Public documents are:
(a)The written official acts, or records of the official acts
of the sovereign authority, official bodies and tribunals,
and public officers, whether of the Philippines, or of a
foreign country;
(b)Documents acknowledge before a notary public except
last wills and testaments; and

20
The process of evidencing the connection and genuineness of a thing
or evidence.
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(c)Public records, kept in the Philippines, of private


documents required by law to the entered therein.
All other writings are private.
FOUR KINDS OF DOCUMENTS
1. PRIVATE DOCUMENTS- are every deed or
instrument executed by a private person without
the intervention of a public notary or other persons
legally authorized; by which some disposition or
agreement is proved, evidenced or set forth.
2. COMMERCIAL DOCUMENT-any document defined
and regulated by the Code of Commerce
3. OFFICIAL DOCUMENT- a document which is issued
by a public official in the exercise of the functions
of his office.
4. PUBLIC DOCUMENT- (See above definition)
Sec. 20. Proof of private document. — Before any private
document offered as authentic is received in evidence, its
due execution and authenticity must be proved either:
(a)By anyone who saw the document executed or
written; library
(b)By evidence of the genuineness of the signature or
handwriting of the maker.
Any other private document need only be identified as
that which it is claimed to be.
Sec. 21.When evidence of authenticity of private
document not necessary. — Where a private document is
more than thirty years old, is produced from the custody
in which it would naturally be found if genuine, and is
unblemished by any alterations or circumstances of
suspicion, no other evidence of its authenticity need be
given (This is known as ANCIENT DOCUMENT RULE)
Q: What is an Ancient Document?
A: It is a document which is more than 30 years old found
in the proper custody and unblemished by any alteration
or circumstance of suspicion.
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Sec. 22.How genuineness of handwriting proved. — The


handwriting of a person may be proved: 1. by any
witness who believes it to be the handwriting of such
person because he has seen the person write, or 2. by a
witness who has seen writing purporting to be his upon
which the witness has acted or been charged, and has
thus acquired knowledge of the handwriting of such
person. Evidence respecting the handwriting may also be
given 3. by a comparison, made by the witness or the
court, with writings admitted or treated as genuine by
the party against whom the evidence is offered, or
proved to be genuine to the satisfaction of the judge.
Sec. 23.Public documents as evidence. — Documents
consisting of entries in public records made in the
performance of a duty by a public officer are prima facie
evidence of the facts therein stated. All other public
documents are evidence, even against a third person, of
the fact which gave rise to their execution and of the
date of the latter.
Q: What is prima facie evidence?
A: Evidence which standing alone unexplained or
uncontradicted, is sufficient to maintain the proposition
affirmed.
Sec. 24. Proof of official record. — The record of public
documents referred to in paragraph (a) of Section 19,
when admissible for any purpose, may be evidenced by
1. an official publication thereof or 2. by a copy attested
by the officer having the legal custody of the record, or 3.
by his deputy, and accompanied, if the record is not kept
in the Philippines, with a certificate that such officer has
the custody. If the office in which the record is kept is in
foreign country, the certificate may be made by a
secretary of the embassy or legation, consul general,
consul, vice consul, or consular agent or by any officer in
the foreign service of the Philippines stationed in the
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foreign country in which the record is kept, and


authenticated by the seal of his office.
Sec. 25.What attestation of copy must state. —
Whenever a copy of a document or record is attested for
the purpose of evidence, the attestation must state, in
substance, that the copy is a correct copy of the original,
or a specific part thereof, as the case may be. The
attestation must be under the official seal of the
attesting officer, if there be any, or if he be the clerk of a
court having a seal, under the seal of such court.
Sec. 26.Irremovability of public record. — Any public
record, an official copy of which is admissible in evidence,
must not be removed from the office in which it is kept,
except upon order of a court where the inspection of the
record is essential to the just determination of a pending
case.
Sec. 27.Public record of a private document. — An
authorized public record of a private document may be
proved 1. by the original record, or 2. by a copy thereof,
attested by the legal custodian of the record, with an
appropriate certificate that such officer has the custody.
Sec. 28.Proof of lack of record. — A written statement
signed by an officer having the custody of an official
record or by his deputy that after diligent search no
record or entry of a specified tenor is found to exist in the
records of his office, accompanied by a certificate as
above provided, is admissible as evidence that the
records of his office contain no such record or entry.
Sec. 29.How judicial record impeached. — Any judicial
record may be impeached by evidence of: (a) want of
jurisdiction in the court or judicial officer, (b) collusion
between the parties, or (c) fraud in the party offering the
record, in respect to the proceedings.
Sec. 30.Proof of notarial documents. — Every instrument
duly acknowledged or proved and certified as provided
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by law, may be presented in evidence without further


proof, the certificate of acknowledgment being prima
facie evidence of the execution of the instrument or
document involved.
Q: What is the effect of notarization?
A: It converts private documents into public documents.
Hence it becomes admissible in evidence without further
proof of its authenticity.
Sec. 31.Alteration in document, how to explain. — The
party producing a document as genuine which has been
altered and appears to have been altered after its
execution, in a part material to the question in dispute,
must account for the alteration. He may show that the
alteration was made by another, without his
concurrence, or was made with the consent of the parties
affected by it, or was otherwise properly or innocent
made, or that the alteration did not change the meaning
or language of the instrument. If he fails to do that, the
document shall not be admissible in evidence.
Sec. 32.Seal. — There shall be no difference between
sealed and unsealed private documents insofar as their
admissibility as evidence is concerned.
Sec. 33.Documentary evidence in an unofficial language.
— Documents written in an unofficial language shall not
be admitted as evidence, unless accompanied with a
translation into English or Filipino. To avoid interruption
of proceedings, parties or their attorneys are directed to
have such translation prepared before trial.
C. OFFER AND OBJECTION
Sec. 34.Offer of evidence. — The court shall consider no
evidence which has not been formally offered. The
purpose for which the evidence is offered must be
specified.
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Sec. 35.When to make offer. — As regards the testimony


of a witness, the offer must be made at the time the
witness is called to testify.
Documentary and object evidence shall be offered after
the presentation of a party's testimonial evidence. Such
offer shall be done orally unless allowed by the court to
be done in writing.
Sec. 36.Objection. — Objection to evidence offered orally
must be made immediately after the offer is made.
Objection to a question propounded in the course of the
oral examination of a witness shall be made as soon as
the grounds therefore shall become reasonably apparent.
An offer of evidence in writing shall be objected to within
three (3) days after notice unless a different period is
allowed by the court.
In any case, the grounds for the objections must be
specified.
Sec. 37.When repetition of objection unnecessary. —
When it becomes reasonably apparent in the course of
the examination of a witness that the question being
propounded are of the same class as those to which
objection has been made, whether such objection was
sustained or overruled, it shall not be necessary to repeat
the objection, it being sufficient for the adverse party to
record his continuing objection to such class of questions.
Sec. 38.Ruling. — The ruling of the court must be given
immediately after the objection is made, unless the court
desires to take a reasonable time to inform itself on the
question presented; but the ruling shall always be made
during the trial and at such time as will give the party
against whom it is made an opportunity to meet the
situation presented by the ruling.
The reason for sustaining or overruling an objection need
not be stated. However, if the objection is based on two
or more grounds, a ruling sustaining the objection on one
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or some of them must specify the ground or grounds


relied upon.
Sec. 39.Striking out answer. — Should a witness answer
the question before the adverse party had the
opportunity to voice fully its objection to the same, and
such objection is found to be meritorious, the court shall
sustain the objection and order the answer given to be
stricken off the record.
On proper motion, the court may also order the striking
out of answers which are incompetent, irrelevant, or
otherwise improper.
Sec. 40.Tender of excluded evidence. — If documents or
things offered in evidence are excluded by the court, the
offeror may have the same attached to or made part of
the record. If the evidence excluded is oral, the offeror
may state for the record the name and other personal
circumstances of the witness and the substance of the
proposed testimony.
Q: What is the law on TENDER OF EXCLUDED EVIDENCE?
(Offer of Proof/Proffer of Evidence).
A: A procedure undertaken by a party normally through a
lawyer if the evidence is excluded by the court wherein the
offeror may have the same attached to or made part of
the record. If the evidence excluded is oral, the offeror
may state for the record the name and other personal
circumstances of the witness and the substance of the
proposed testimony.
RULE 133
Weight and Sufficiency of Evidence
SECTION 1.Preponderance of evidence, how determined.
— In civil cases, the party having burden of proof must
establish his case by a preponderance of evidence. In
determining where the preponderance or superior
weight of evidence on the issues involved lies, the court
may consider:
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1. all the facts and circumstances of the case,


2. the witnesses' manner of testifying,
3. their intelligence,
4. their means and opportunity of knowing the facts to
which there are testifying,
5. the nature of the facts to which they testify,
6. the probability or improbability of their testimony,
7. their interest or want of interest, and
8. also their personal credibility so far as the same may
legitimately appear upon the trial.
9. The court may also consider the number of witnesses,
though the preponderance is not necessarily with the
greater number.
Sec. 2. Proof beyond reasonable doubt. — In a criminal
case, the accused is entitled to an acquittal, unless his
guilt is shown beyond reasonable doubt. Proof beyond
reasonable doubt does not mean such a degree of proof,
excluding possibility of error, produces absolute
certainly. Moral certainly only is required, or that degree
of proof which produces conviction in an unprejudiced
mind.
Sec. 3. Extrajudicial confession, not sufficient ground for
conviction. — An extrajudicial confession made by an
accused, shall not be sufficient ground for conviction,
unless corroborated by evidence of corpus delicti.
Q: What are the requisites so that extrajudicial confession
may be valid?
A: They are:
1. It must be voluntary;
2. It must be made with the assistance of a lawyer
who is competent and independent;
3. It must be in writing and must be express.
Sec. 4.Circumstantial evidence, when sufficient. —
Circumstantial evidence is sufficient for conviction if:
(a)There is more than one circumstances;
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(b)The facts from which the inferences are derived are


proven; and
(c)The combination of all the circumstances is such as to
produce a conviction beyond reasonable doubt.
Sec. 5.Substantial evidence. — In cases filed before
administrative or quasi-judicial bodies, a fact may be
deemed established if it is supported by substantial
evidence, or that amount of relevant evidence which a
reasonable mind might accept as adequate to justify a
conclusion.
Sec. 6.Power of the court to stop further evidence. — The
court may stop the introduction of further testimony
upon any particular point when the evidence upon it is
already so full that more witnesses to the same point
cannot be reasonably expected to be additionally
persuasive. But this power should be exercised with
caution.
Sec. 7.Evidence on motion. — When a motion is based on
facts not appearing of record the court may hear the
matter on affidavits or DEPOSITION presented by the
respective parties, but the court may direct that the
matter be heard wholly or partly on oral testimony or
depositions.
Q: What is deposition?
A: It is the written testimony of a witness given in the
course of judicial proceedings in advance of a trial or
hearing upon oral examination.
Q: What is an affidavit?
A: An affidavit is a statement of fact under oath.
Proof Beyond Reasonable Doubt- in criminal case, the
accused is entitled to an acquittal, unless his guilt is shown
beyond reasonable doubt. Proof beyond reasonable doubt
does not mean such a degree of proof as excluding
possibility of error, produces absolute certainty. Moral
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certainty is required or that degree of proof which


produces conviction in an unprejudiced mind
Extrajucial Confession + Proof of Corpus Delicti =
Conviction
An extrajudicial confession made by the accused, shall
not be sufficient ground for conviction unless
corroborated by evidence of corpus delicti.

CORPUS DELICTI- corpus delicti means that a crime has


been committed. It is not correct to say that corpus delicti
refers to the body of a murdered person.

SPECIFIC CRIME CORPUS DELICTI


1. Murder, homicide Body of the dead victim or the
and kindred kind fact of death
2. Arson Property burned or the fact of
burning
3. Theft Fact of lost (stolen property plus
felonious taking)
4. Illegal possession of Fact of possessing without
firearm license (existence of unlicensed
F/A with animus possidendi)

Credibility of witness- refers to the integrity, disposition


and intention to tell the truth in the testimony he has
given.

Falsus In Uno Falsus in Omnibus- It literally means “false


in one thing-false in everything”. It refers to that principle
where on one point, the witness has lied, his testimony
upon another points may be disregarded. This is no longer
followed in the Philippines. The modern trend of
jurisprudence is to the effect that the testimony of a
witness maybe believed in part and disbelieved in part,
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depending upon the corroborative evidence and the


probabilities and improbabilities of the case.

Alibi, defined- known as the weakest defense in a criminal


case. It is an averment that the accused was at another
place for such period of time that it was impossible for him
to have been at the place where the act was committed at
the time of its commission.

Alibi may be given strength to acquit the accused if:


1. Where no positive or proper identification has
been made by the witnesses of the offender;
2. Where the prosecution’s evidence is weak and
unsatisfactory.

Q: When is circumstantial evidence adequate to support a


conviction?
A: Circumstantial evidence is sufficient for conviction if:
1. There is more than one circumstance;
2. The facts from which the inferences are derived are
proven; and
3. The combination of all the circumstances is such as
to produce a conviction beyond reasonable doubt.

 EQUIPOISE RULE, defined- where the inculpatory


circumstances are capable of two inferences, one
which is consistent with the presumption of
innocence and the other compatible with the
finding of guilt, the court must acquit the accused
because the evidence does not fulfill the test of
moral certainty and therefore insufficient to
sustain a judgment of conviction. It may also be
defined as where the evidence of the parties in a
criminal case is evenly balanced, the constitutional
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presumption of innocence should tilt the scales in


favor of the accused and he should be acquitted.
 Equiponderance of Evidence Rule- when the scale
shall stand upon equipoise and there is nothing in
the evidence which shall incline it to one side or
the other, the court will find for the defendant.

Criminal law and Jurisprudence


Mockboard 2015

1. It is a rule of conduct, just and obligatory laid by


legitimate authority for the common observance and
benefit.
a. Law b. Criminal law
c. statutes d. Remedial law
2. The power to create law as part of the police power is
lodged on what branch of the government?
a. Legislative b. Executive
c. Judiciary d. Executive department
3. Is that branch of municipal or public law which defines
crimes, treats of their nature and provides for their
punishment?
a. civil law b. procedural law
c. criminal law d. substantive law
4. A legislative act that inflicts punishment without trial, its
essence being the substitution of legislative fiat for a
judicial determination of guilt.
a. Ex post facto law b. Retroactive law
c. Bill of attainder d. Prospective
5. The following are sources of criminal law, EXCEPT:
a. Act 3815 b. City and municipal ordinance
c. Special penal laws d. Common law crimes
6. The Revised Penal Code serves as the primary source of
criminal laws in the Philippines. It took effect on?
a. January 1, 1923 c. December 8, 1930
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b. January 1, 1932 d. January 1, 1933


7. The following are characteristics of classical theory of
criminal law, EXCEPT:
a. the basis of criminal liability is human free will
and the purpose of the penalty is retribution.
b. Man is essentially a moral creature with an
absolutely free will to choose between good and
evil, thereby placing more stress upon the effect
or result of the felonious act than the man;
c. there is scant regard to the human element.
d. That man is subdued occasionally by strange and
morbid phenomenon which constrains him to do
wrong, in spite of or contrary to his violation.
8. Basically, there are three fundamental characteristics of
criminal law. What characteristics of criminal law states
that criminal law is binding on all persons who live or
sojourn in the Philippines?
a. Generality b. Territoriality
c. Prospective d. Retroactive
9. The following persons are exempt from criminal liability
under the principle of public international law,
EXCEPT:
a. Heads of states b.ministers of plenipotentiary
c. ambassador d. charges d affaires e. None
10. Japanese Ambasador Suzuki Kawasaki committed a
crime in the Philippines, as a police officer what should
be your course of action?
a. arrest him and deport him to his Japan.
c. Report to DFA for appropriate action
b. do not arrest for he is exempted from liability
d. Just put it in record/blotter.
11. It is the law which provides that members of the
official household or retinue of a foreign ambassador to
the Philippines enjoy the diplomatic immunity of the
foreign ambassador if their names are submitted to the
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Department of Foreign Affairs and provided further that


the country of the foreign ambassador provides reciprocal
immunity to the members of the official household or
retinue of the Philippine Ambassador.
a. P.D. 46 b. C.A. 142
c. P.D. 247 d. R.A. 75
12. Crimes committed within the territorial water of
another country can either be tried in that country or on
the country where the vessel is registered. What rule
provides that a crime committed on board vessel shall
NOT be tried in the court of the country having territorial
jurisdiction, unless their commission affects the peace and
security of the territory or the safety of the state is
endangered.
a. French rule b. American Rule
c. Spanish Rule d. English Rule
13. Mr. A committed loitering within the vicinity of Isetan
Recto on January 12, 2009. June 12, 2009, a city ordinance
was passed punishing loitering within the vicinity of Isetan
Recto. Can A be held liable for his act of loitering?
a. Yes, for there is a law passed punishing it
b. Yes under the principle of retroactive effect of
criminal law
c. No, for the act was done prior to the effectivity
of the law.
d. No, for A did not loiter again.
14. Habitual Delinquency is limited only to the following
six (6) felonies:
a. Robbery, Estafa, Malversation, Theft, Serious
physical injury and less serious physical injury.
b. Serious physical injury, Less serious physical
injury, Estafa, Robbery, Falsification and Theft.
c. Falsification, physical injury, theft, estafa,
Robbery and malicious mischief.
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d. Treason, Espionage, Piracy, Mutiny, Flight to


enemy country and violation of neutrality.
15. Which of the following legal maxim means "There is no
crime where there is no law punishing it".
a. Pro reo
b. Nullum crimen nullapoena sine lege
c. Actus non facitreum , nisi mens sit rea
d. Actus me invito factus non estmeusactus
16. Acts or omissions punishable by law are crimes. What
are acts committed or omitted in violations of special
laws?
a. Felony b. offense
c. misdemeanor d. infraction of law
17. Things which are wrongful in their nature.
a. evil b. mala in ce
c. mala in se d. mala prohibita
18. Any bodily movement tending to produce some effect
in the external world.
a. act b. omission
c. dolo d. culpa
19. Felonies are committed either by Dolo or deceit or by
______?
a. Deceit b. Fault
c. Culpa d. b and c
20. Which of the following is not an element of culpable
felony?
a. Intelligence b. Freedom
c. Negligence d. Intent
21. It is the capacity to know and understand the
consequence of one’s act.
a. Freedom b. Intelligence
c. Deceit d. Intent
22. Who incurs criminal liability?
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A. Any person committing a felony although the


wrongful act done be different from what is
intended.
B. By any person performing an act which would
be an offense against person or property , were it
not for the inherent impossibility of its
accomplishment or on account of the employment
of inadequate or ineffectual means.
C. By any one who performs an act resulting from
accident.
D. A and b only E. A , b and c
23. The following are crime committed by mistakes which
does not operate as an Exemption/justification,
EXCEPT:
a.Aberratio Ictus b. Error in Personae
c. Preater Intentionem d. Mistake of Fact
24. Mr. Roger Bacon with intent to kill, fired his gun
towards Mr. Berthold Schwarts but hitting Alexander John
Forsyth. What crime Did Roger Bacon committed?
a. Consummated homicide
b. Attempted homicide as regards Mr. Schwarts
and Consummated Homicide as regards Mr.
Forsyth.
c. Consummated homicide committed by mistake
in the blow.
d. Attempted homicide as regards Mr. Schwarts
and consummated murder as regards Mr. Forsyth.
25. A attacked B with a knife. B ran away and jumped into
the river to avoid A’s attacked. B drowned and died. What
crime is committed by A if there is any?
a. A is not liable for the death of B because he did
not inflict any injury upon B.
b. A is liable only for grave threats having inflicted
no injury upon B.
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c. A is not liable for the death of B because the


drowning of B was an efficient intervening cause.
d. A is liable for the death of B because the
proximate cause of the latter’s death was his
chasing him with a knife.
26. That cause, which, in the natural and continuous
sequence, unbroken by any efficient intervening cause,
produces the injury without which the result would not
have occurred.
a. Proximate cause b. Immediate cause
c. Intervening cause d. Probable cause
27.Death is presumed to be the natural consequence of
physical injuries inflicted in the following, EXCEPT
a. The victim at the time the physical injuries were
inflicted was in normal health.
b. The death may be expected from the physical
injuries inflicted
c. Death ensued within a reasonable time.
d. The resulting injury is due to the intentional act
of the victim
28. X tried to kill Y by putting in his food a substance which
he thought was an arsenic (poison) when in fact it was just
a sugar. Y was not killed as a consequence.
a. Mistake in the blow b. No crime committed
c. preater intentionem d. impossible crime
29. Is that portion of the acts constituting the crime,
starting from the point where the offender begins the
commission of the crime to that point where he has still
control over his acts including their (acts) natural course.
a. Subjective Phase b. Objective Phase
c. Internal Act d. Act of Execution
30. Mr. Bean with an intent to kill his wife, went to a
grocery and buy some Dora rat killer and Muriatic Acid, As
he was about to go home, a police arrested him for
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attempted parricide. Is the police right in arresting Mr.


Bean?
a. Yes, for there is an act of execution.
b. No, because mere preparatory act is not
punishable as a general rule
c. Yes, for there is a clear intention.
d. No, because there is no proof that he will use
Dora rat killer.
31. These are crimes which do not have stages. It is
committed by a single act or consummated in one
instance.
a. material crimes b. formal crimes
c. informal crimes d. impossible crimes
32. This takes place when the offender commences that
commission of a felony by overt acts, and does not
perform all the acts of execution which should produce
the felony by reason of some cause or accident other than
his own spontaneous desistance.
a. Consummated b. Frustrated
c. Attempted d.Impossible crime
33 A with intent to kill aimed his gun at B. A did not know
that the gun was empty. As a result when he pressed the
trigger it did not fire. What crime was committed by A?
a. No crime b. Attempted felony
c. Impossible crime d. Attempted homicide
34. The following are the elements of frustrated felonies,
EXCEPT:
a. The offender performs all the acts of execution
b. All the acts performed would produce the felony
as a consequence but the felony is not produced.
c. By reason of causes independent of the will of
the perpetrator.
d. Due to some cause or accident other done his
own spontaneous desistance.
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35. X with intent to kill stabbed Y from the back upon


passing a dark alley inflicting a mortal wound. X in an
attempt to make a second attack decided to turn his back
leaving Y. What crime was committed by X?
a. Attempted murder b. Consummated murder
c. Frustrated murder d. Serious Physical Injury
36. Light felonies as a general rule should only be
punishable when consummated, EXCEPT:
a. On crimes against persons and chastity.
b. On crimes against property and chastity.
c. On crimes against person and property.
d. On crimes against chastity and honor.
37. It exist when two or more persons come to an
agreement concerning the commission of a felony and
decide to commit it.
a. Proposal to commit a crime
b. Conspiracy to commit a crime
c. Conspiracy and proposal to commit a crime
d. Instigation to commit a crime.
38. The following crimes are punishable by mere
conspiracy, EXCEPT:
a. treason b. rebellion
c. sedition d. terrorism
39. X, Y and Z conspired to rob the Philippine National
Bank in their secret safe house. While they are planning
how to commit the crime, operatives of the NBI barged in
and arrested the group. What crime was committed by X,
Y and Z?
a. No crime was committed
b. Under the facts no crime was committed as
mere conspiracy to commit a crime is not
punishable
c. Attempted robbery
d. Frustrated robbery
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40. In case of crimes which are latter subject of special


penal laws what rule of interpretation shall be applied?
a. The RPC shall be observed.
b. The RPC shall prevails over special laws.
c. The RPC will be supplementary to special law.
d. The Special law shall be supplementary to the
RPC.
41. Acts of a person which are said to be in accordance
with the law, so that such person is deemed not to have
transgressed the law and is free from both criminal and
civil liability.
a. justifying circumstances
b. mitigating circumstances
c. exempting circumstances
d. aggravating circumstances
42. The following circumstances exempt the person from
both criminal and civil liability, EXCEPT.
a. Self -Defense, Defense of Stranger and Defense
of Relatives.
b. Fulfillment of a duty or in the lawful exercise of a
right or office.
c. Obedience to an order issued by a superior for
some lawful purpose.
d. Avoidance of Greater evil or injury.
e. None of these
43. Battered woman syndrome is a:
a. Justifying b. Aggravating
c. Exempting d. Mitigating C. e. Alternative
44. It is considered as the indispensible and most
important element of self-defense.
a. Unlawful aggression.
b. Reasonable necessity of the means employed to
prevent or repel it.
c. Lack of sufficient provocation on the part of the
person defending himself.
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d. none
45. All of the following are requisites of “obedience to
order issued by superior” EXCEPT:
a. An order has been issued by a superior
b. Such an order was issued for some lawful
purpose
c. The means used by the subordinate in carrying
the order was lawful
d. None of these
46. A big fire razed a row of houses in a thickly populated
neighborhood. To prevent the spread of fire, some of the
residents demolished several houses. These persons are:
a. civilly liable but not criminally liable.
b. criminally liable and civilly liable.
c. civilly and criminally not liable.
d. criminally liable but not civilly liable.
47. Those grounds which makes the person not imputable
for the offense since there is a wanting in the agent of the
crime of the conditions which make the act voluntary or
negligent.
a. Justifying b. Mitigating
c. Exempting d. Aggravating
48. The following is exempted from criminal liability,
EXCEPT.
a. CesareBeccaria who is 15 years old.
b. Cesare Lombroso who is over 15 but under 18
acting without discernment.
c. Jeremy Bentham. who is Imbicile.
d. Edwin Sutherland who is an insane acting during
the lucid interval.
e. None of these
49. John is born on July 5, 2001, In July 5, 2015 he
committed a crime of theft. Is John Liable?
a. Yes for he has committed a crime
b. Yes, for he knows what he is doing
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c. No because he is still a minor


d. No because he acted without discernment
50. The following circumstances exempt a person from
criminal liability though there is civil liability considering
that there is crime committed, EXCEPT:
a. Minority
b. Imbecility /Insanity
c. Accident
d. Acting under compulsion of an irresistible force.
e. Acting under the impulse of an uncontrollable
fear of an equal or greater injury.
51. The following automatically exempted from criminal
liability:
a.Children 15 years of age below
b. Imbecile
c. Insane persons
d. Children over 15 but under 18 who acted with
discernment.
e. a and b only
52. Who among the following incurs full responsibility
upon commission of a crime?
a. Those 15 years of age and below.
b. Those who are over 15 but under 18 years of
age.
c. Those who are 18 years of age to 70.
d. Those who are 18 years of age.
53. Are those where the act committed is a crime but for
reasons of public policy and sentiment, there is no penalty
imposed.
a. Justifying circumstances
b. Mitigating Circumstances
c. Absolutory cause
d. Exempting circumstances
54. Under article 12 of the RPC, a person is exempted
from criminal liability because of:
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A. Complete absence intelligence


B. Complete absence of freedom of action
C. Complete absence of intent
D. Complete absence of negligence
E. All of the above
55. When a public officer convinces a person to commit a
felony and would arrest him or her after its commission he
is committing.
a. instigation b. conspiracy
c. entrapment d. proposal
56. It is a kind of mitigating circumstances which has the
effect of reducing the penalty by either one or two degree
lower than the impossible penalty for the crime
committed?
a. ordinary mitigating b. Privilege mitigating
c. generic mitigating d. inherent mitigating
57. An aggravating circumstances which generally apply to
all crimes such as dwelling, nighttime or recidivism.
a. generic b. specific
c. qualifying d. inherent
58. It is an aggravating circumstance done by the offender
by which means are resorted to in order to conceal his
identity such as covering his face with a bonnet/
handkerchief at the time of the commission of the crime.
A. Craft B. Fraud
C. Disguise D. Ignominy
59. X raped the wife in the presence of the husband,
forcing her, using the dog-style position in the sexual act.
Rape is committed aggravated by what circumstances?
a. ignominy b. passion
c. cruelty d. craft
60. An aggravating circumstances which is not considered
in the imposition of penalty.
a. Aggravating circumstances which constitutes the
crime itself. (Specific aggravating)
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b. Aggravating circumstances which accompanies


the commission of the crime. (Inherent
aggravating).
c. Aggravating circumstance inherent in the
commission of the crime.
d. All of these.
61. Any person who shall commit a felony while serving his
sentence with a previous conviction is classified as:
a. recidivist b. delinquent
c. habitual delinquent d. quasi-recidivist
62. The following is always a mitigating circumstances,
EXCEPT:
a. Relationship in crimes against property
c. Lower degree of education
b. Intoxication when accidentally or unintentionally
d. Relationship in crime against person
63. Refers to persons who take direct part in the execution
of a crime:
a. principals b. accomplice
c. accessories d. instigators
64. A person lends Juan the bolo which was used in the
murder of another person is liable as:
a. principal b. accessory
c. accomplice d. conspirator
65. Any person who knowingly or willfully obstructs,
impedes, frustrates or delays the apprehension of suspects
and the investigation and prosecution of criminal cases by
harboring, concealing or facilitating the escape of any
person he knows to have committed an offense shall be
liable as:
A. accessory to the crime
B. Principal for obstruction of justice
C. Accomplice to the crime
D. Accessory to the principal
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66. A killed B by stabbing him from behind. A called for C,


his brother in law, and told the latter that he killed B. A
asked C to bury the cadaver of B to prevent discovery
which A did.
a. C is an accessory but is exempt from liability
b. C is an accessory and is liable.
c. C is an accessory but excused from liability
pursuant to art 22 of the Revised Penal Code.
d. C is an accomplice
67. The following are liable for consummated light
felonies, EXCEPT:
a. Principal b. Accomplices
c. Accessories d. none of these
68. The following are considered as afflictive penalties,
except:
a. death by lethal injection b. reclusion perpetua
c. reclusion temporal d. prison mayor
69. Is one of three equal portions, called minimum,
medium and maximum of a divisible penalty.
a. degree b. period
c. prescription d. duration
70. The following are indivisible penalty, EXCEPT:
a.Reclusion perpetua b. Reclusion temporal
c. Prison mayor d. Prison correctional
71. In case the maximum penalty to which the accused
may be sentenced is detierro, he shall be released after:
a. 30 days of preventive imprisonment.
b. a period equal or more than the possible
maximum imprisonment of the offense charged.
c. four-fifths of the time during which he has
undergone preventive imprisonment.
72. Shall deprive the offender rights of parental authority
or guardianship.
a. subsidiary penalty b. penalty
c. suspension d. civil interdiction
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73. Personal liability to be suffered by the convict who has


no property to meet the fine.
a. subsidiary penalty b. suspension
c. penalty d. civil interdiction
74. What penalty prohibits a person from entering a
designated place normally within a radius of not more
than 250 km but not less than 25 km therein.
a.bond to keep the peace b. curfew
c. destierro d. suspension
75. A sentence of imprisonment for the maximum period
defined by law subject to the termination by the parole
board at any time after service of the sentence.
a. suspension b. in determine sentence
c. prescription d. period of penalty
76. It is the forfeiture or loss of the right of the state to
prosecute the offender for the commission of a crime after
a certain lapse of time.
a. prescription of the crime
b. degree of the penalty
c. prescription of the penalty
d. period of penalty
77. The crime of libel and other similar offenses shall
prescribe in how many years?
a. 15 years b. 1 year
c. 10 years d. 5 years
78. Those crime punishable by death, reclusion perpetua
and reclusion temporal shall prescribe in:
a. 20 years b. 15 years
c. 10 years d. 5 years
79. Light offenses prescribe in:
a. 12 months b. 6 months
c. 4 months d. 2 months
80. Which of the following is a compound crime?
a. X placed a bomb in a plane causing it to explode
killing several people.
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b. X fired his gun twice in succession aimed against


two different person killing both of them.
c. The accused fired a machine gun against
different persons. The first burst of shots killed two
people,the second killed an undetermined number.
d. X rape B & C at the same time one after the
other.
81. The following totally extinguished criminal liability,
EXCEPT:(Art 89)
a. By the death of the convict
b. By service of sentence
c. By Amnesty
d. By conditional pardon
82. It is a privilege granted by trial court to one who has
been found guilty without imprisonment subject to certain
condition.
a. Pardon b. Amnesty
c. Probation d. Parole
83. The following are modes of partial extinction of
criminal liability.
a. By conditional pardon
b. By commutation of sentence
c. For good conduct time allowance
d. Parole
e. All of these
84. According to this rule, the maximum duration of the
convict’s sentence shall not be more than threefold the
length of time corresponding to the most severe of the
penalties imposed upon him. No other penalty to which he
may be held liable shall be inflicted after the sum of those
imposed equals the said maximum period.
a. Indeterminate Sentence Law
b. Three-fold rule
c. Parole Rule
d. Pardon Rule
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85. For how many days of allowed deduction can be


granted per month for 6 to 10 years of good conduct?
a. Days b. 8 days
c. 10 days d. 15 days
86. It is a deduction of 1/5 of the period of sentence to any
prisoner who, having evaded the service of his sentence
under the circumstances in art. 158 RPC, gives himself up
to the authority within 48 hours following the issuance of
a proclamation announcing the passing away of the
calamity.
a. Good conduct time allowance
b. Special Good conduct time allowance
c. Commutation of sentence
d. Parole
87. Do we have death penalty at present?
a. yes but it is suspended b. None
c. none for it is abolished d. yes
88. What would be the penalty if the offense was
committed with the attendance of one aggravating and no
mitigating circumstances?
a. Minimum b. Maximum
c. Medium d. apply the principle of off-setting
89. What if there is one mitigating and no aggravating
circumstances?
a. Minimum b. Medium
c. Maximum d. apply the principle of off-setting
90. X (as principal) committed the crime of Homicide
(consummated) which is punishable by
Reclusion Temporal. He pleaded guilty to the charge at the
arraignment. Determine his penalty.
A. Prision mayor (any period) as minimum to
Reclusion temporal (minimum period) as the
maximum period of the indeterminate penalty.
B. Prision mayor (minimum) as minimum to
Reclusion temporal (any period) as the maximum
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period of the indeterminate penalty


C. Reclusion temporal as the minimum period to
reclusion perpetua as maximum
D. Prision mayor.
91. The following are crimes Against National Security and
Law of Nations, EXCEPT.
a. Treason b. Piracy and mutiny
c. Espionage d. Rebellion
92. Breach of allegiance to a government, committed by a
person who owes allegiance to it.
a. treason b. adherence to the enemy
c. espionage d. rebellion
93. The degree of proof required to convict a person
accused of treason.
a. substantial evidence
b. proof beyond reasonable doubt
c. two witness rule
d. Preponderance of evidence
94. Maria, Heard from her friend who was then talking to
its barkada, that they had successfully supported the
Japanese Soldiers against the Filipino guerilla. Maria did
not told this to the proper authority, Is Maria liable for
Misprison of treason?
a. No
b. Yes
c. No, because what she heard is not a plan to
commit treason but an accomplished treason.
d. Yes, Because she heard a treasonable conspiracy
and yet she did not tell it to the proper authority.
95. The Philippines is at war with Japan. The President
issued an order prohibiting the sending of letters to japan
nor flight to the said enemy country. Mr. Jose Nakamura, a
Filipino, despite such order rented a private plane going to
Japan. While Mr. Nakamura was about to board the plane,
he was arrested by members of the aviation security
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group. Is Mr. Nakamura liable for a crime of flight to


enemy country?
a. No, because he was just about to board when he
was arrested.
b. No, because he did not successfully reach japan.
c. Yes, because mere attempt to flight is punishable
under art. 121.
d. Yes, because mere intent to flight is punishable
under the law.
96. The following are elements of Piracy, EXCEPT:
a. A vessel is on the high seas or in Philippine
waters;
b. The offenders are not members of its
complement or passengers of the vessel;
c. That the offender resist to a superior officer
d. The offenders either attack or seize that vessel
or seize the whole or part of the cargo of said
vessel, its equipment or personal belongings of its
complement or passengers
97. Where does a crime of piracy committed in the
Philippine registered vessel triable?
a. In the country where it is located.
b. In any courts of competent jurisdiction in the
Philippines.
c. In the court where the vessel passes by.
d. In any court that as jurisdiction over the port of
entry/exit.
98. Which of the following does NOT Qualify the crime of
Piracy:
a. Whenever the pirates have seized the vessel on
the high seas or in Philippine waters.
b. Whenever the pirates have seized a vessel by
boarding or firing upon the same.
c. Whenever the pirates have abandoned their
victims without means of saving themselves.
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d. Whenever the crime is accompanied by murder,


homicide, physical injuries, or rape.
99. Otherwise known as the “Anti Piracy and Anti-highway
Robbery Law of 1974:
a. Comm. Act. No, 616 b. P.D. 533
c. P.D. 532 d. R.A. 6235
100. PO1 Paulo, without legal grounds arrested and
detained Mr. Vediones and deprived said person of his
liberty is liable for:
a. illegal detention b. Unlawful arrest
c. arbitrary detention d. Kidnapping
101. The following are legal grounds for the detention of
any person, EXCEPT:
a. commission of a crime.
b. escape from prison/penal institution.
c. violent insanity or other ailment requiring the
compulsory confinement.
d. a and c only
e. a, b and c
102. The following are acts constitute a crime of delaying
release, EXCEPT:
a. Delays the performance of a judicial or executive
order for the release of a prisoner.
b. Delays the service of the notice of such order to
said prisoner.
c. Delays the proceedings upon any petition for the
liberation of such person.
d. Delays the filing of a criminal offense against the
detainee to the proper judicial authority.
e. All of these
103. Mr. Wally Miranda was arrested for illegal possession
of firearms which is considered a low power gun.
Considering that such is punishable by correctional
penalty, within how many hours should a case be filed to
the proper judicial authority?
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a. 12 hours b. 18 hours
c. 24 hours d. 36 hours
104. The difference between trespass to dwelling and
violation of domicile is that violation of domicile is
committed by:
a. private person b. any person
c. public officer d. person in authority
105. The following are act constituting Violation of
Domicile.
a. Any public officer or employee who enter any
dwelling against the will of the owner thereof;
b. Any public officer or employee search any
papers or other effects found therein without the
previous consent of the owner;
c. Any public officer or employee refuse to leave
the premises, after having surreptitiously entered
said dwelling and after having been required to
leave the premises.
d. Any public officer or employee who search
domicile without witnesses.
e. All of these
f. a, b and c only
106. As a rule no search of house , room or premise shall
be made except in the presence of:
a. The lawful occupants of the premise.
b. Any member of his family.
c. At least two (2) witnesses of sufficient age and
discretion residing in the same locality.
d. a and b only
e. Any of a, b, and c
107. SPO1 Masinop having authorized by a search warrant,
search the house of Mr. Mando N. Ducot. After having
discovered the item specified in the warrant, SPO1
Masinop took the same and includes the jewelry box filed
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with jewelry which is not included in the list of the item to


be seized. SPO1 Masinop is:
a. liable for the crime of violation of domicile.
b. Not liable for the crime of violation of domicile.
c. May not be liable for violation of domicile.
d. liable for a crime but not on violation of
domicile.
108. The following are crimes against the fundamental law
of the State. Which one can be committed by private
person?
a. Arbitrary detention
b. Interruption of religious worship.
c. Violation of Domicile
d. Offending religious feelings.
e. Prohibition, interruption or dissolution of
peaceful meetings.
109. Any person who committed an act of terrorism shall
be punished with an imprisonment of 40 years without the
benefit of parole as stated provided under R.A. 3104
Otherwise known as the Indeterminate Sentence law, as
amended, and shall be detained without warrant for a
period not more than?
a. 12 hours b. 18 hours
c. 36 hours d. 3 days
110. Mr. Marwan not only confessed his membership with
the Sparrow unit but also his participation and that of his
Group in the killing of SPO2 Acob while the latter was
manning the traffic along C.M. Recto Ave, Manila. Under
the facts given, what crime was committed by the former
and that of his Group?
a. murder b. sedition
c. rebellion d. Homicide
111. This crime is committed by raising publicly and taking
arms against government to completely overthrow and
supersede said existing government.
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a. treason b. rebellion
c. coup d' etat d. sedition
112. A swift attack accompanied by violence, intimidation,
stealth, directed against duly constituted authorities,
public utilities, military camps and installation with or
without civilian support, for the purpose of diminishing
state power.
a. treason b. rebellion
c. coup d' etat d. sedition
113. The crime of coup d’ etat can be committed by a
single person.
a. Yes, the law provides. b. its duobtful
c. No, the law is silent. d. misleading
114. It is a felony which in its general sense is rising of
communications or disturbances in the state outside of the
legal method.
a. treason b. rebellion
c. coup d' etat d. sedition
115. A police officer, who arrested a member of congress
while going to attend a senate session for a traffic
violation is liable for:
a. crime against popular representation
b. acts tending to prevent the meeting of the
National assembly
c. violation of parliamentary immunity
d. all of the foregoing
116. The Kilusanng mga Ungas at Paranoid (KUP) was
organized by Mr. Mar R., allegedly for protecting the poor
laborer, where in fact it was organized to form a group
that would rise against the rich businessmen of their city.
For what crime can they be charged?
a. Illegal assembly b. coup de ‘etat
c. Illegal association d. rebellion
117. Mrs Ditas, a Mayor of Caloocon together with
engineer Pandac and Councilor Panot were surveying the
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land occupied by informal settlers for government projects


and for their relocation. The residence opposes with the
plan. Mrs. Lourdes, one of the resident, slapped the face
of Mayor Ditas when the latter came near. One of the
close escort of the Mayor defend her but Mrs. Lourdes
also slapped him and punch as well. For What crime Mrs.
Lourdes can be charged for in relation to Mayor Ditas?
a. Sedition b. Direct Assault
c. Slander by Deed d. Rebellion
118. In relation to the above case, What about as regards
to the security escort?
a. Sedition b. Direct Assault
c. Slander by Deed d. Rebellion
119. Any person directly vested with jurisdiction, whether
as an individual or as a member of some court or
government corporation, board or commission, shall be
deemed _____?
a. Agent of a person in authority
b. person in authority
c. Judicial authority
d. Public employee
120. It is committed by any person who shall resist or
seriously disobey any person in authority, or the agents of
such person , while engaged in the performance of official
functions.
a. Direct assault
b. Indirect assault
c. Disobedience to summons issued by the National
Assembly.
d. Resistance and disobedience to a person in
authority or the agents of such person.
121. In applying the provisions of Article 148 and 151 of
the RPC the following shall be deemed a person in
authority while in the performance of their professional
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duties as amended by B.P. 873, Approved June 12, 1985,


EXCEPT:
a. Teachers b. Lawyers
c. Professors d. Barangay Tanod Officer
122. The following are crimes classified as public disorders,
EXCEPT.
a. Tumults and other disturbances of public order
(Art 153)
b. unlawful use of means of publication and
unlawful utterances. (Art 154)
c. Alarms and scandals (Art 155)
d. Delivering prisoners from Jails (Art 156)
e. None of these
123. Mr. Pasaway while under the influence of liquor fired
a gun in the air to proclaim to the people that he is
celebrating his birthday. Such act constitutes____?
a. illegal discharge of firearm
b. disturbances
c. alarm and scandals
d. outcry
124. It is the medley discordant voices, a mock serenade of
discordant noises made on kettles, hornsetc designed only
to annoy.
a. alarm and scandal b. charivari
c. tumults d. outcry
125. Mrs Maria G., a sister of Mr. Mario G (a sentenced
prisoner), gave 20K to the Jail warden to facilitate or allow
the escape of her brother is guilty of what crime?
a. Evasion of service of sentence
b. Bribery
c. Delivering prisoners from jail
d. Corruption of public official
126. Mr. Bandido was convicted for a crime of robbery
before serving his sentence or while serving the same he
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committed a crime of murder. What condition is said to


have occurred?
a. recidivism b. quasi-recidivism
c. reiteration d. habitual delinquency
127. It is committed by giving to a treasury or bank note or
any instrument payable to bearer or to order the
appearance of a true and genuine document. It is likewise
committed by falsification through erasing, substituting,
counterfeiting, or altering by any means, the figures,
letters, words or signs contained therein (Art 169).
a. Falsification of public document
b. Forgery
c. Falsification
d. Falsification by public officer, employee or
notary or ecclesiastical minister.
128. A person who counterfeits or imitate a traffic police
sticker and sell the same shall be liable for a crime of:
a. Estafa through falsification of a public document.
b. Theft through falsification of a public document.
c. Falsification of public document
d. Forgeries
129. This crime is committed by any person without any
distinction, by falsely representing himself as an officer
and performing under pretense of official position any act
pertaining to such person.
a. usurpation of authority
b. estafa
c. usurpation of official functions
d. a and c
130. It is committed by a person, who being under oath
are required to testify as to the truth of a certain matter at
a hearing before a competent authority, shall deny the
truth or say something contrary to it.
a. forgery b. falsification
c. perjury d. false testimony
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131. Consist of acts which are offensive to decency and


good customs, which having been committed publicly,
have given rise to public scandal to persons who have
witness the same.
a. immoral doctrines
b. grave scandal
c. obscene publication and exhibitions
d. libel
132. It is the improper performance of some acts which
should have been lawfully be done.
a. malfeasance b. nonfeasance
c. misfeasance d. dereliction of duty
133. It s crime committed by a judge who knowingly issued
an unjust order which decides some point or matter but
which however, is not a final decisions of the matter in
issue:
a. Knowingly rendering unjust judgment
b. Judgment rendered through negligence
c. Unjust interlocutory order.
d. Malicious delay in the administration of justice.
e. Betrayal of trust by an attorney or solicitor –
revelation of secrets
134. What crime is committed by any public officer or
employee who shall agree to perform an act constituting a
crime, in connection with the performance of his official
duties, in consideration of any offer, promise, gift or
present received by such officer, personally or through the
mediation of another.
A. Direct bribery
B. Qualified bribery
C. Indirect bribery
D. Prevaricacion or negligence or tolerance in
prosecution
135. Any public officer who is entrusted with law
enforcement who refrain from arresting or prosecuting an
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offender who has committed a crime punishable by


reclusion perpetua and/ or death in consideration of any
offer, promise, gift or present.
a. bribery b. qualified bribery
c. direct bribery d. indirect bribery
136.It is a crime committed by any appointed public
official who shall who become interested in any
transaction within his territory, subject to his jurisdiction
during his incumbency.
a. Prohibited transaction
b. Possession of prohibited interest by a public
officer
c. Fraud against public treasury
137. This is committed by an accountable public officer
who, shall appropriate, or shall misappropriate or shall
consent, or through abandonment or negligence shall
permit another person to take public funds or property.
A. Direct bribery B. Malversation of public funds
C. Technical malversation D. Embezzlement
138. This is committed by any public officer or employee
who shall overdo himself in the correction or handling of a
prisoner or detention prisoner under his charge by the
imposition of punishment not authorize by the regulations
or inflicting punishment in a cruel or humiliating manner.
A. Police brutality B. Maltreatment of prisoners
C. Sadism D. Physical injuries

139.This is committed by any public officer who shall


solicit or make immoral advances to a woman under his
custody or to other women like the wife, daughter, sister
or relative within the same degree by affinity of any
person in the custody of a warden or officer.
A. Sexual harassment B. Acts lf lasciviousness
C. Abuses against chastity D. Abuse of authority
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Case Situation:
Benny B. Rotsa got married to Ms. Pining Garcia.
After 3years from of being husband and wife, they were
not blessed with a child. Benny had an illicit relation with
Ms. Malou W. Ang (a neighbor), who gave birth to child
(C). Pining learned about Benny’s relation with Ms. Malou.
To cover their illicit relation, Benny intentionally killed his
illegitimate infant at its 72 hours age.
140. For what crime Benny can be charged?
a. homicide b. murder
c. parricide d. infanticide
141. What if it is Pining who killed the infant?
a. homicide b. parricide
c. murder d. infanticide
142. What if it is the father of Benny who killed the infant?
a. homicide b. parricide
c. murder d. infanticide
143. What if the infant is only two (2) days old? What
crime is committed by Benny, Pining or the father of
Benny?
a. homicide b. parricide
c. murder d. infanticide
144. Takes place whenever a person is killed during a
confusion attendant to quarrel among the several persons
not continuing a group and the perpetrators cannot be
ascertained.
a. homicide
b. death caused by tumultuous affray
c. murder
d. riots
145. A husband punched and kicked his pregnant wife
causing the death of their unborn child is guilty of:
a. parricide b. intentional abortion
c. abortion d. unintentional abortion
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146. It is the lopping or clipping off some part of the body,


e.g. a woman cutting the penis of a male lover to deprive
the latter of its true.
a. physical injury b. tumultuous affray
c. duel d. mutilation
147. What crime is committed by person who assaulted
another, causing the latter to be absent from work for two
weeks?
a. mutilation b. less serious physical injury
c. serious physical injury d. slight physical injury
148. Committed by a man having a carnal knowledge with
a child less than 12 years old.
a. statutory rape b. seduction
c. acts of lasciviousness d. adduction
149. A private individual who detains another for the
purpose of depriving the latter of his liberty for more than
three days is guilty of:
a. illegal detention b. serious illegal detention
c. arbitrary detention d. slight illegal detention
150. A person who got into a dispute with another,
assaulted the latter for the purpose of delivering his
victims to the jailer is guilty of what crime?
a. illegal detention b. unlawful arrest
c. illegal arrest d. physical injuries
151. Which of the following is NOT an element of trespass
to dwelling?
a. the offender is a private person
b. the offender is a public officer
c. the offender enters the dwelling of another
d. The entrance is against the presumed or express
will of the owner of the dwelling
152. Any person who shall enter fenced uninhabited
premises without the consent of the owner with an
express notice prohibiting entry of any person other than
its owner is guilty of what crime?
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a. violation of domicile b. trespass to dwelling


c. trespassing d. illegal entry
153. Refers to a crime committed by any person who
threatens another with the infliction upon the person,
honor or property of the latter or of his family of any
wrong amounting to a crime.
a. grave threat b. graver coercion
c. light threat d. light coercion
154. Any person who by means of violence shall seize
anything belonging to his debtor for the purpose of
applying the same to the payment of a debt, is
committing.
a. grave threat b. graver coercion
c. light threat d. light coercion
155. It is a felony wherein a person compels another by
means of force, violence or intimidation to do something
against his will, whether right or wrong.
a. grave threat b. grave coercion
c. light threat d. light coercion.
156. It includes human conduct, which although not
productive of some physical or material harm would annoy
an innocent person.
a. light threat b. unjust vexation
c. light coercion d. graver coercion
157. It is the taking of personal belonging to another, with
intent to gain by means of violence against, or
intimidations of any person, or using force upon anything.
a. robbery b. theft
c. brigandage d. estafa
158. A stole thing from a locker by means of the key of the
owner, what crime was committed?
a. theft b. possession of pick locks
c. robbery d. possession of false key
159. A crime committed by more than three armed
malefactors who form a band for the purpose of
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committing robbery in the highway or kidnapping persons


for the purpose of extortion or to obtain ransom, or for
any other purpose to be attained by means of force &
violence.
a. robbery b. kidnapping
c. brigandage d. theft
160. Committed by any person who with intent to gain but
without violence or intimidation of persons nor force upon
things shall take personal property of another without
latter's consent.
a. robbery b. brigandage
c. kidnapping d. theft
161. Alfred directed his employee Luz to deliver several
pieces of jewelries to his Mother whom he had
misunderstanding. The latter however, pawned the said
jewelries to a pawnshop and misappropriated the same.
What would be the proper offense committed by Luz?
a. Swindling b. theft
c. robbery d. malicious mischief
162. Which of the following crimes does not operates as
an absolutory cause which could serves as an exemption
against members of the family from criminal liability in
crimes against properties.
a. Robbery b. theft
c. Malicious mischief d. estafa
163. A put in the bag of B a stolen property in order to
implicate B for the commission of a crime is liable for?
a. Intriguing against honor
b. Incriminating innocent person
c. Theft
d. Incriminatory Machination
164. X was able to gain access to a house by pretending to
be a member of the fire bureau conducting inspection
ultimately took some jewelry has committed what felony?
a. Theft b. Robbery
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c. Estafa d. Qualified theft


165. A man who took an enclosed or sealed receptacle
away from the house of the owner has committed what
offense?
a. Theft b. Robbery
c. Estafa d. Qualified theft
166. A Bank teller who kept a collected money for her
personal use if guilty of what crime?
a. Theft b. Robbery
c. Estafa d. Qualified theft
167. Mr. A killed B in lieu of a reward. Before leaving B’s
lifeless body, A took the necklace of B. Mr A committed
what crime?
a. Murder with theft b. Murder and theft
c. Robbery with homicide d. Robbery & homicide
168. A unlawfully took a blank check from the drawer of B
and place his name as the drawee and simulates the
signature of B. A successfully encashed the check. What
crime can A be charged for?
a. Theft through estafa
b. Estafa through theft
c. Theft through forgery
d. Falsification through theft
169. A housemaid who was caught in the act of carting
away the furniture of her employer would be charged of
what crime?
a. theft b. qualified theft
c. robbery d. estafa
170. it is the willful damaging of another 's property for
the sake of causing damage due to hate, revenge or other
evil motive.
a. swindling b. malicious mischief
c. destruction of property d. chattel mortgage
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171. Four armed men committing a crime of robbery


extortion, kidnapping for ransom and highway robbery is
liable for?
a. Brigandage b. band
c. brigands d. highway robbery
172. Mr. Pyromania using throw a lighted torn in a nipa
house, but due to some cause, the torch bounce and its
fire was set off without burning any part of the nipa house.
For what crime can mr. Pyromania be charged for?
a. arson b. attempted arson
c. frustrated arson d. consummated arson
173. Mr. DEE collected a rag soaked with gasoline, placed
said rag beside the wall of a house made from fly wood.
Mr. A set the rag in fire and a small portion of the fly wood
was already been burning when a neighbor passed by and
successful put off the fire. What was the crime committed
by Mr. DEE?
a. arson b. attempted arson
c. frustrated arson d. malicious mischief
174. What crime was committed by a married woman
having carnal knowledge with a man not her husband?
a. adultery b. acts of lasciviousness
c. concubinage d. seduction
175. A person who ripped the dress of a woman and
placed his penis over the woman's genital organ is liable
for what crime?
a. rape b. forcible abduction
c. seduction d. acts of lasciviousness
176. Pedro was able to have carnal knowledge with his
17yrs old girlfriend by promising the latter with marriage,
what crime was committed?
a. seduction b. abduction
c. acts of lasciviousness d. none of the foregoing
177. Mr. X without words kiss and touch the breast of Y in
a warehouse where only the two of them were left. Mr. X
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immediately left Ms. Y in a shock condition. For what


crime can X be charged?
a. Unjust vexation b. Slander by deed
c. acts of lasciviousness d. attempted rape
178. Which of the following is not a crime against
Chastity?
a. rape b. seduction
c. abduction d. acts of lasciviousness
e. none.
179. Benny B. Rotcha has sex with MalouAng and
MalousAng consented to it because she like it. Which of
the following circumstances will make the sexual
intercourse between the two a case of rape?
a. Promise of marriage which Benny cannot fulfill
because Benny is already married to another
woman.
b. malou is under 12 years of age.
c. Malou is a demented
d. Both b and c
180. The following are elements of Forcible abduction,
EXCEPT
a. The victim is any woman of any age or civil status
or reputation
b. the abduction is against her will
c. The abduction is with lewd design
d. The victim is over 12 but under 18 years of age.
e. none
181. It is defined as a method fixed for the apprehension
and prosecution of person alleged to have committed a
crime.
A. Criminal procedure c. rules of court
B. Criminal jurisprudence d. rules of procedure
182. It refers to the authority or power to hear and
decided cases.
a. Jurisdiction b. Jurisprudence
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c. Venue d. territory
183. The word jurisdiction was derived from the latin word
_____ and _____ which means I speak by the law?
a. Juris and prudence b. Juris and dico
c. Legis and dico d. Jurist and dictum
184. It refers to the geographical division or territorial limit
where the power of the court is exercised and which is
jurisdictional in criminal case.
a. Venue b. Jurisprudence
c. jurisdiction d. court
185. It is the authority to hear or try a case for the first
instance.
a. Original jurisdiction b. concurrent jurisdiction
c. Exclusive jurisdiction d. appellate jurisdiction
186. It is that system of criminal procedure which is
conducted either at the initiative of the public prosecutor
or the offended party and the right to appeal are limited to
the defense.
a. Inquisatorial b. accusatorial
c. Mixed d. fixed
187. The law expanding the jurisdiction of the MTC, MTCC,
MCTC.
a. R.A. 7691 b. R.A. 8493
c. BP 129 d. R.A. 1379
188. Venue in criminal cases is considered jurisdictional.
a. Yes, the law provides b. No, the law is silent
c. Yes, because the law is silent d. it depends
189. How criminal actions are instituted?
a. for those crimes subject by preliminary
investigation, by filing the complaint to the proper
officer.
b. by filing complaint directly to the municipal trial
court or municipal circuit trial court.
c. by filing a complaint at the office of the
prosecutor .
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d. any of the following


190. In the city of Manila and other chartered cities,
criminal complaint shall be filed at:
a. the Metropolitan trial court
b. Office of the ombudsman
c. Office of the prosecutor
d. Office of the Public Attorney.
191. Sworn statement, subscribed by Offended party, any
peace officer of public officer in charged of enforcement of
the law violated filed either to the court or to the office of
the prosecutor.
a. Complaint b. Information
c. Pleadings d. affidavit
192. Prescription of offense commence to run:
a. Upon discovery of the crime by the offended
party or peace officers or their agent.
b. Upon filing of cases in court
c. Upon escape of the accused
d. Upon re-appearance of the accuse
193. The following are cases covered by rules on summary
procedure EXCEPT:
a. Where the penalty is six months imprisonment.
b. Violation of traffic laws
c. Violation of rental laws
d. Where the penalty does not exceed six (6)
months imprisonment.
194. The following offenses cannot be prosecuted de
office without a complaint first filed by the offended party,
EXCEPT:
a. Rape b. Seduction
c. Abduction d. Adultery and Concubinage
195. A crime of adultery can be filed by the parents of the
offended spouse.
a. Yes b. No
c. maybe d. doubtful
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196. Complaint or Information shall charge only one


offense. This is the rule on:
a. Duplicity of offense b. compound crime
c. Complex crime d. continuing crime
197. Atty. Mel is a private lawyer, due to the absence of
the public prosecutor he directs the prosecution of the
case. Is Atty Mel right in doing so?
a. Yes, because as private lawyer of the offended
party he has authority to do so.
b. Yes, because he represents the offended party.
c. No, because he was not authorized in writing by
the chief prosecution office or Regional state
prosecutor.
d. No, because only public prosecutor can
prosecute criminal offenses in all cases.
198. The following are requisites of a valid information,
EXCEPT:
a. is it a written accusation
b. It is signed by the prosecutor
c. It must charged a person with an offense.
d. It is subscribed by the offended party and filed
with the court.
199. Complaint and information can be amended as to
______ after plea and during the trial with leave of court
and without causing prejudice to the rights of the accused.
a. form b. substance
c. substance and form d. none of these
200. Civil action arising from the offense is deemed
instituted with the criminal action unless:
a. offended party waives the civil actions
b. reserves the right to instituted it separately
c. institutes the civil action prior to the criminal
action.
d. All of these
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201. Is that which in a case the resolution of which is a


logical antecedent of the issue involved therein, and the
cognizance of which pertains to another tribunal.
a. Prejudicial question b. preliminary investigation
c. inquest proceeding d. custodial investigation
202. Is an inquiry or proceeding to determine whether
there is sufficient ground to engender a well-founded
belief that a crime has been committed and the
respondent is probably guilty thereof, and should be held
for trial.
a. preliminary investigation
b. Prejudicial question
c. inquest proceeding
d. custodial investigation
203. It is an informal or summary investigation conducted
by the public prosecutor in criminal cases involving person
arrested and detained without the benefit of a warrant of
arrest, for the purpose of determining whether or not such
person should remain under custody and correspondingly
be charged in court.
a. Preliminary examination
b. Preliminary investigation
c. custodial investigation
d. inquest proceeding
204. Preliminary investigation is conducted on cases
punishable by:
a. at least four (4) years, two (2) months and one
(1) day.
b. more than four years, two months and one day
c. less than four years, two months and one day
d. six years, one day and above
205. The following person are authorized to conduct
preliminary investigation, EXCEPT:
a. Judges of Metropolitan Trial Court
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b. Provincial and city prosecutors and their


assistants;
c. Judges of the Municipal Trial Courts and
Municipal Circuit Trial courts;
d. National and Regional state prosecutors; and
e. a and c
206. After the filing of the Complaint or Information in
court without a preliminary investigation within how many
days an accused person upon knowing the filing of said
complaint may ask for preliminary investigation?
a. 5 days b. 15 days
c. 10 days d. 30 days
207. PO1 Magsaysay was in a police station, when a man
complained that he was beaten by a baseball butt by a
certain John Young, PO1 immediately went to the house of
the said suspect and arrested Mr. John Young stating that
a complaint was filed against him. Is the arrest valid?
a. Yes, because that is a case of hot pursuit.
b. Yes, because it is a valid warrantless arrest.
c. No, arrest for the purpose of determining
whether the person really commits the crime is an
invalid arrest.
d. No, because Mr. Young was not been informed
of his constitutional rights.
208. Is the taking of a person into custody in order that he
may be bound to answer for the commission of an offense.
a. Arrest b. jurisdiction
c. warrant d. seizure
209. Validity of the warrant of arrest?
a. no fixed duration b. 20 days
c. 30 days d. 10 days
210. Within how many days upon the date of execution of
a warrant of a arrest the person charged with its execution
shall report to the court which issue such warrant when
arrest was not been made?
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a. 10 days b. 20 days
c. 30 days d. 5 days
211. In flagrante delicto means ______?
a. caught in the act b . caught after commission
c. instigation d. entrapment
212. When arrest may be made?
a. At any time of the day and night
b. At day time
c. At night time
d. from sun dust till dawn
213. Under what circumstances arrest can be made even
without a warrant?
a. All of these
b. When the crime was committed in the presence
of the arresting officer.
c. When the crime was in fact been committed and
there is personal knowledge based on probable
cause that the person to be arrest has committed
it.
d. When the person to be arrested is an escapees.
214. PO1 Mahusay, authorized by a warrant of arrest
forcibly enter the house of a suspect after he was refused
to enter. He successfully arrested the suspect. Is the act of
breaking into the dwelling made by PO1 Mahusay valid?
a. No, it is an abused in the service of warrant
b. No, because such act is in violation of the rights
of the suspect to be secure over his property.
c. Yes, because such act is authorized by law.
d. yes, because even private individual making
citizen arrest can do so.
215. It is a security given for the temporary release of a
person in custody of the law.
a. bail b. fine
c. parole d. conditional pardon
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216. Trial ________ may proceed in case the accused


person failed to appear at the trial without justification
and despite due notice.
a. In absentia b. on the merits
c. in flagrante de licto d. none of these
217. When Bail is a matter of right?
a. Before or after conviction by the metropolitan,
Municipal or Municipal circuit trial court.
b. upon conviction by the Regional Trial Court.
c. before conviction by the Regional Trial Court.
d. upon preliminary investigation
218. Bail is a matter of right under the constitution.
EXCEPT:
a. crime punishable by reclusion perpetua to death
b. Crime punishable by life imprisonment
c. crimes punishable by death
d. crime punishable by reclusion perpetua or life
imprisonment when evidence of guilt is strong.
219. Is an offense which, under the existing law at the time
of its commission and at the time of the application for
admission to bail may be punished with death.
a. capital offense b. heinous crime
c. Less grave d. Grave felony
220. It is a lien imposed upon the real property of the
accused who has no money to post bail as a security for his
temporary liberty.
a. surety bond b. cash bond
c. property bond d. release on recognizance
221. Bail shall automatically be cancelled upon:
a. acquittal of the accused
b. dismissal do the case
c. execution of the judgment of conviction
d. all of these
222. It is the rule which states that if the inculpatory facts
and Circumstances are capable of two or more
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interpretation, one which is consistent with the innocence


of the accused and the other consistent with his guilt, or
they are evenly balanced. The constitutional presumption
of innocence should tilt the scale in favor of the accused
and he must be acquitted.
a. Equipoise rule b. Hornbook doctrine
c. Presumption of guilt d. due process of law
223. It refers to the counsel hired by the accused to serve
as his private lawyer.
a. Ex-parte counsel b. counsel de officio
c. PAO lawyer d. ex-officio counsel
224. It is a process directed to a person requiring him to
attend and to testify or to bring with him any books or
documents under his control at the trial of an action.
a. subpoena b. subpoena duces tecum
c. subpoena ad testificandum d. warrant of arrest
225. Unless shorter period is provided by special law or
Supreme Court circular, the arraignment shall be held
within ___ days from the ate the court acquires
jurisdiction over the person of the accused.
a. 30 days b. 15 days
c. 10 days d. 5 days
226. If An accused person who refuses to plead, a plea of
____ shall be entered.
a. Not guilty b. guilty
c. admission by silence d. none
227. When reception of evidence in necessary under the
following circumstances:
a. Plea of guilty to lesser offense
b. plea of guilty to capital offense.
C. Plea of guilty to non-capital offense.
d. all of these
228. Mr. Bryan, was charged with murder, during the
arraignment, he pleaded guilty to a crime of homicide, the
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same was accepted by the offended party and the public


prosecutor, such arrangement will amount to:
a. admission b. extra-judicial confession
c. plea bargaining d. none
229. When the complaint is vague, the accused may file a
motion alleging among others the defect of the complaint
or information and the details desired in order to enable
him to properly answer and prepare for trial. This motion
is known as:
a. motion for bill of particular
b. motion to dismiss
c. motion for clarification
d. motion for postponement
230. Upon motion of the proper party, arraignment shall
be suspended on the following grounds:
a. The accused appears to be suffering from
unsound mental condition.
b. there exist a prejudicial question.
c. A petition for review of the resolution of the
prosecutor is pending either at the DOJ or office of
the President.
d. All of these
231. A move for the annulment of the criminal charge
made by an accused is:
a. Motion to quash b. Motion to dismiss
c. nolle prosequi d. bill of particulars
232. It is one of the grounds for motion to quash. It is the
danger of being prosecuted for the same offense for the
second time.
a. double jeopardy b. double trouble
c. Double trial d. Double dribble
233. Mr. Mark filed a criminal case of estafa against Jeffrey
in the RTC of Caloocan and Manila for the estafa was
committed twice against Mark. One in Caloocan and the
other in Manila. Is Mark action proper?
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a. yes, because he has options


b. No, because there is only one case
c. Yes, because that is a case of continuing crime
d. No, for that amounts to forum shopping which is
not allowed under the rules.
234. Provisional dismissal of offense punishable by
imprisonment not exceeding six years or a fine of any
amount or both shall become permanent after _______.
a. one year b. 2 years
c. 5 years d. 4 years
235. How many days is given to an accused person to
prepare for trial after a plea of not guilty is entered?
a. 15 days b. 30 days
c. 20 days d. 180 days
236. This is a mandatory proceeding in criminal cases
wherein the court shall set after arraignment of the
accused?
a. Plea bargaining b. Pre trial conference
c. stipulation of facts d. trial proper
237. The trial court has how many days from the first day
of trial to terminate the same?
a. 60 days b. 180 days
c. 365 days d. 150 days
238. The trial of a case can be made in absentia except on
the following circumstances:
a. at the arraignment and plea.
b. during the trial whenever necessary for
identification purposes.
c. at the promulgation of sentence, unless for a
light offense.
d. all of these
239. The order of trial is:
a. Prosecution, accused, rebuttal and surrebattal
b. Prosecution. cross, redirect, re cross
c. Direct, cross, re-cross, re-direct
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d. Direct, cross, rebuttal and surrebattal.


240. It is the testimony of a witness taken upon oral
question or written interrogatories, in open court, and
reduced into writing and duly authenticated.
a. affidavit b. deposition
c. evidence d. testimony
241. Is the person chosen by a child to be present or to
accompany him to testify or to attend the trial to provide
emotional support.
a. guardian ad litem b. support person
c. facilitator d. interpreter
242. Refers to items such as dolls, puppets, drawings,
mannequins or any other appropriate demonstrative
device to assist him in testimony.
a. Testimonial aids b. Emotional security items
c. support item d. none of these
243. The discharge of accused to be state witness operates
as ____?
a. suspension b. conviction
c. acquittal d. termination
244. After the prosecution rest its case, the accused
person may move for the dismissal of the case on:
a. on its own initiative after giving the prosecution
an opportunity to be heard.
b. Demurrer to evidence
c. motion for reconsideration
d. motion for new trial
245. Is the adjudication by the court that the accused is
guilty or not guilty of the offense charged and the
imposition of the proper penalty and civil liability.
a. judgment b. rendition of judgment
c. promulgation of judgment d. conviction
246. It is the finding of not guilty based on merits or that
the evidence does not show that t\his guilt is beyond
reasonable doubt.
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a. dismissal b. acquittal
c. conviction d. judgment
247. Judgment becomes final when?
a. the period for perfecting an appeal lapse.
b. when the sentenced is partially of totally
satisfied or served.
c. when the accused waived in writing his right to
appeal.
d. When he applied for probation.
e. all of these
248. Which is a ground for new trial?
a. errors of law or irregularities during the trial
b. new and material evidence has been discovered.
c. a and b
d. none of these
249. Who represents the State in an action for appeal?
a. prosecutor b. appellant
c. Secretary of DOJ d. Solicitor General
250. When an appeal shall be taken?
a. within 10 days b. within 15 days
c. within 30 days d. within 5 days
251. Property subject of search and seizure, EXCEPT?
a. Subject of the offense
b. Stolen or embezzled and other proceeds or fruits
of the offense.
c. Used or intended to be used as the means of
committing an Offense.
d. Firearm.
252. The following cases committed by public official with
salary grade 27 and above fall under the exclusive
jurisdiction of the Sandiganbayan, Except.
a. Crimes committed in violation of Act 3019, R.A.
1379 and section 2, chapter 2, title VII , Book two
of the RPC
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b. civil and criminal cases filed pursuant to and in


connection with executive order nos. 1, 2, 14 and
14-A.
c. Crimes committed by public official in relation to
their office
d. None of these
253. It is the law which classifies rape from crime against
chastity to crimes against person, making crime
prosecutable even without a complaint filed by the
offended party?
a. R.A. 8353 b. R.A. 9283
c. R.A. 8493 d. R.A. 7055
254. Demurrer to evidence may be filed by a party to a
case
a. after arraignment
b. after the defense has rested its case
c. after trial
d. after the prosecution had rested its case
255. The following are the matters to be taken up in pre-
trial conference except:
a. examination of witnesses
b. marking of evidence
c. plea bargaining
d. stipulation & simplification of issues
256. All criminal action shall be prosecuted under the
direction and control of the fiscal. This statement is ____?
a. Wholly false b. partly false
c. wholly true d. partly true
257. Generally, even if the offended party were a minor,
she can initiate the prosecution for the crime of seduction.
This statement is:
a. Wholly true b. partly true
c. Wholly false d. partly false
258. The following statement are false, EXCEPT:
a. the accused may enter his plea by counsel
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b. The accused must personally enter his plea


c. the accused may excuse/waive arraignment
d. The accused may be arraigned in a court other
than where the case is assigned.
259. The offended spouse should be the one to file the
complaint in the crimes of:
a. Bigamy b. adultery and concubinage
c. Rape d. act of lasciviousness
260. It is the means, sanctioned by these rules of
ascertaining in a judicial preceding the truth respecting a
matter of fact?
a. Evidence b. Facts
c. Proof d. Burden of proof
261. It is the ultimate facts or the facts in issue or to be
proved. It is the essential facts constituting the plaintiff’s
cause of action?
a. Factum probandum b. factum probans
c. Evidence d. proof
262. Is that kind of evidence that proves a fact in issue
without any inference being drawn on the part of the fact-
finder.
a. Direct b. circumstantial
c. material d. competent
263. The rules of evidence shall be________________,
except as otherwise provided by law or these rules.
a. the same in all courts and in all trials and
hearings
b. not the same in all courts and in all trials and
hearings
c. dependent on the type of case involved
d. absolutely the same in all courts and in all trials
and hearings
264. Relevancy is one of the requisites for admissibility of
evidence which means that evidence must have such
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relation to the fact in issue as to induce belief in its


existence or non-existence. The other requisite is ______?
a. That is should not be excluded for by law.
b. That it is material to the facts in issue
c. That it is credible
d. That it is the best evidence
265. Any evidence which is obtained in violation of any
rights of a person will not be admissible in court. This is
anchored on what requisites of admissibility?
a. materiality b. relevancy
c. competency d. credibility
266. It is that quality of evidence which tends to influence
the trier of facts because of its logical connection with the
issue. Evidence which has an effective influence or bearing
to the question?
a. material b. competent
c. relevant d. credible
267. Evidence which the witness states that he did not see
or know of the factual occurrences what kind of evidence?
a. negative b. affirmative
c. positive d. alibi
268. Is that which the law regards as affording the greatest
certainty of the fact in question
a. primary evidence b.secondary evidence
c. corroborative d. circummstantial
269. An additional evidence of different kind tending to
prove the same facts in issue. Evidence which are
supplementary to that already given and tending to
strengthen or confirm it.
a. Corroborative b. Commulative
c. Associative d. Credible
270. Is the one required to prove a criminal case. It refers
to the logical and inevitable result of the evidence on
record, exclusive of any other consideration, of the moral
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certainty of the guilt of the accused or that degree of


proof which produces conviction in an unprejudiced mind.
a. Proof beyond reasonable doubt
b. Preponderance of evidence
c. Clear and Convincing Evidence
d. Substantial evidence
271. It is that proof which, if unexplained or
uncontradicted, is sufficient to sustain the proposition it
supports or to establish the facts, or to counterbalance the
presumptions of innocence to warrant a conviction.
a. Prima-facie evidence
b. Preponderance of evidence
c. Rebuttal evidence
d. Sur-rebuttal evidence
272. It refers to a type of evidence such as document or
information received, recorded, transmitted, stored,
processed or produced electronically
a. real or object b. documentary
c. electronic d. testimonial
273. Evidence in Aliunde means______?
a. evidence from same source b. in relation to
c. outside or other source d. within
274. It is a doctrine usually applied where a police officer is
not searching for evidence against the accused, but
nonetheless inadvertently comes across incriminating
objects.
a. in flagrante delicto b. plain view
c. stop and frisk d. hot pursuit
275. Mr. Johnny Augustus made an extra-judicial
confession in the police station without the presence of a
counsel and even told the police that the deadly weapon
that he used in killing the victim was in his house and
voluntarily escorts the police in his house to recover the
deadly weapon. The weapon was presented as evidence in
court. Is the deadly weapon admissible?
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a. yes for it was taken with the consent of the


owner.
b. yes for it was obtained under a consented
search.
c. No, because it is a “fruits of the poisonous tree”.
d. No, because it is obtained in the absence of the
counsel.
276. What do you call the recognizance of certain facts by
the judges without introduction of evidence such as
existence and territory of states, their political history and
forms of government.
a. collateral matter b. judicial notice
c. public knowledge d. presumption
277. The following matters may be accepted by court
even in the absence of proof, EXCEPT:
a. judicial notice b. judicial admission
c. presumption d. dying declaration
278. Court shall take judicial notice, without the
introduction of evidence of the following, EXCEPT:
a. Matters of Public Knowledge
b. Law of nations
c. The measure of time
d. Law of nature
279. Matters of judicial notice have three material
requisites. These requisites are:
a. The matter must be one of common and general
knowledge.
b. It must be well and authoritatively settled and
not doubtful or uncertain
c. It must be known to be within the limits of the
jurisdiction of the court.
d. All of these
280. When can proper court, on its own initiative or on
request of a party, may take judicial notice of any matter
and allow the parties to be heard thereon if such matter is
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decisive of a material issue in the case? (Judicial notice,


When hearing is necessary)
a. After the trial b. before judgment
c. on appeal d. All of these
281. Self incriminatory statement falling short of an
acknowledgement of guilt made by a party in the course of
the proceeding in the same case which does not require
proof.
a. judicial Admission b. declaration against interest
c. self serving statement d. confession
282. An admission made by a party in the course of a
proceeding does not require proof. How may the admitter
contradict such an admission?
A. Showing that the admission was made by
palpable mistake
B. Showing that no such admission was made
C. Showing that he was compelled by the police to
make such an admission
D. Both A and B
283. An extrajudicial confession made by the accused shall
not be sufficient ground for conviction unless it is
corroborated by evidence of:
A. Two witnesses B. Prima facie evidence
C. Probable cause D. Corpus delicti
284. Evidence that is directly addressed to the senses of
the court.
a. Real or Object b. Documentary
c. Testimonial d. Direct letters,
285. When the subject of inquiry is the contents of a
document no evidence shall be admissible other than the
original documents itself. This refers to the _____.
a. Best Evidence Rule
b. Secondary Evidence Rule
c. Parole Evidence Rule
d. Best Evidence
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286. A signed carbon copy of the original document is


considered as:
a. duplicate copy b. secondary copy
c. duplicate original d. hearsay evidence
287. Any public record must not be removed from the
office in which it is kept except upon order of the court
where the inspection of the same is essential to a just
determination of a case. This is the doctrine of:
a. Irremovability of public record
b. Removability of public records
c. Sanctity of public records
d. Preservation of public records
288. The following are considered original document,
EXCEPT.
a. The original of a document is one the contents of
which are the subject of inquiry.
b. When the document is in two or more copies
executed at or about the same time, with identical
contents, all such copies are equally regarded as
originals.
c. When an entry is repeated in the regular course
of business, one being copied from another at or
near the time of the transaction, all the entries are
likewise equally regarded as originals.
d. When the document is more than 30 years old
kept in a place where it is normally to be found and
not embellished by any alteration.
289. When the original document has been lost or
destroyed, or cannot be reproduced in court, the offeror,
upon proof of its execution or existence and the cause of
its unavailability without bad faith on his part, may prove
its contents by a copy, or by a recital of its contents in
some authentic document or by the testimony of
witnesses n the order stated.
a. Secondary Evidence Rule
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b. Secondary Evidence
c. Best Evidence Rule
d. Parole Evidence Rule
290. A child was arrested in the act of committing theft,
the child contested that he is only 15 years old and
present a certified true copy of his birth certificate issued
by the NSO. Said NSO certificate of birth is considered
what kind of evidence?
a. original document
b. secondary evidence
c. parol evidence
d. hearsay evidence
291. What are secondary evidence?
a. A Certified true COPY of a document
b. A recital of its contents in some authentic
document
d. Testimony of witnesses
e. All of these
292. When the terms of an agreement have been reduced
to writing, it is considered as containing all the terms
agreed upon and there can be, as between the parties and
their successors in interest, no evidence of such terms
other than the contents of the agreement.
a. Parol evidence Rule b. parol evidence
c. Best Evidence Rule d. Secondary Evidence
293. It refers to an evidence of oral or written statement
of a party presented as evidence to modify explain or add
to the terms of the written agreement.
a. Parol Evidence b.Secondary Evidence
c. Best evidence d. Parole Evidence rule
294. A last will and testament is considered an
“agreement” under the parol evidence rule:
a. yes b. No
c. it depends d. not always
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295. On which of the following circumstances parol


evidence can be accepted?
a. When there is an intrinsic ambiguity, mistake or
imperfection in the written agreement;
b. The Failure of the written agreement to express
the true intent and agreement of the parties
thereto;
c. The validity of the written agreement; or
d. The existence of other terms agreed to by the
parties or their successors in interest after the
execution of the written agreement.
e. All of These
296. When an instrument consists partly of written words
and partly in printed form, and the two are inconsistent,
which shall be given greater value?
a. The former shall controls the latter
b. The latter shall controls the former
c. They should be interpreted according to their
legal meaning in the place of their execution.
d. The particular provisions shall be paramount to
the general provisions.
297. As a rule all persons who can perceived, and
perceiving, can make known of their perception to others
can be witness and the following shall not be a ground for
disqualification.
a. Religious and political belief
b. Interest in the outcome of the case
c. conviction of a crime unless otherwise provided
by law
d. All of these
298. The following are qualifications for discharged of a
person to be state witness.
a. There is absolute necessity for the testimony of
the accused whose discharge is requested;
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b. There is no other direct evidence available for


the proper prosecution for the offense committed
except the testimony of said accused;
c. The testimony of said accused can be
substantially corroborated in its material points;
d. Said accused does not appear to be the most
guilty;
e. Said accused has not at any time been convicted
of an offense involving moral turpitude.
f. All of these
299. Which of the following is the Hearsay evidence rule?
a. That a witness can testify only to those facts
which he knows of his personal knowledge; that is
which are derived from his own perception.
b. hearsay evidence is not acceptable as evidence
in court
c. Hearsay evidence is evidence given in the
authority of another person.
d. hearsay evidence is evidence with respect to
facts of which the witness has no personal
knowledge because it is derived from the
knowledge or perception of others who are not
called to testify.
300. It is an exception to the Hearsay evidence rule that
made under a consciousness of an impending death, may
be received in a criminal case wherein his death is the
subject of inquiry, as evidence of the cause and
surrounding circumstances of such death.
a. Mi Ultimo Adios
b. Dying Declaration or ante-mortem statement
c. Last Farewell
d. Part of Res Gestae
301. Statement made by a person while a starling
occurrence is taking place or immediately prior or
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subsequent thereto with respect to the circumstances


thereof, may be given in evidence as:
a. Part of Res Gestae
b. Dying Declaration
c. Common Reputation
d. Declaration against interest
302. An Act Providing for A Witness Protection, Security
and Benefit program and for other purposes.
a. R.A. 6981 b. R.A. 6646
c. P.D.749 d. R.A. 6770
303. The following are grounds for disqualification to be a
witness, EXCEPT:
a. Disqualification by reason of mental incapacity
or immaturity.
b. Children whose mental maturities make them
incapable of perceiving and relating what was
perceived truthfully.
c. Disqualification between Spouses by reason of
marriage, except on certain cases filed against one
another or their direct descendants or ascendants.
d. Conviction of a crime involving moral turpitude
304. Pedro and Petra are husband and wife, One time
Petra heard Pedro talking to his friend saying –“Brother we
have successfully robbed the Banco de Oro”. If her
husband Pedro will be charged in court can Petra testify
against her husband?
a. No, without the consent of her husband.
b. Yes, even without the consent of his husband
c. No, because it is a violation of privilege
communication rule.
d. Yes, in all cases
305. It is the rule which disqualifies a parties or assignors
of parties to a case, or persons in whose behalf a case is
prosecuted, from testifying against an executor or
administrator or other representative of the deceased
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person, or against person of unsound mind, upon a claim


or demand against the estate of such deceased person or
against such person of unsound mind, on any matter of
fact occurring before the death of such deceased person
or before such person became of unsound mind.
a. Disqualification by reason of death or insanity of
adverse party (Dead Man rule).
b. Declaration against interest (Dead man’s statute)
c. Disqualification by reason of privilege
communication
d. Admission by privies
306. Which of the following persons are covered by
Disqualification by reason of privileged communication?
a. Husband and wife, during or after the marriage,
as to any communication received in confidence by
one from another during the marriage.
b. Attorney-client, on any communication made by
the client to him, or his advice given in view of the
professional employment nor an attorney’s
secretary, stenographer, or clerk be examined.
c. Physician-patient, to any advice or treatment
given by him or any information acquired in
attending to such patient in a professional
capacity, and which would blacken the reputation
of the patient.
d. Priest –confessant, as to any confessional
character in the course of the discipline enjoined
by the church to which the minister or priest
belongs.
e. A public officer, during his term of office or
afterwards, as to communications made to him in
official confidence, when the court finds that the
public interest would suffer by the disclosure.
f. All of these
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307. No person may be compelled to testify against his


parents, other direct ascendants, children or other direct
descendants. This is embodied under what principle?
a. Parental and filial privilege.
b. declaration against pedigree
c. declaration against common reputation
d. res inter aloisacta rule
308. X is an accused in a criminal case for rape. X tried to
settle the case with the family of the offended party. X’s
act of settling the case is:
A. An offer of compromise is an implied admission
of guilt
B. An offer of compromise and is not an implied
C. A quasi confession of guilt admission of guilt
D. An offer to settle the case to buy peace
309. An offer of compromise is considered not an
admission of any liability and is not admissible in evidence
against the offeror on the following case, EXCEPT.
a. In civil cases
b. Those arising from criminal negligence (quasi-
offense)
c. An offer to pay or the payment of medical,
hospital or other expenses occasioned by an injury.
d. In criminal cases
310. The rights of a party cannot be prejudiced by an act,
declaration, or omission of another, except as provided by
the rules of court.
a. Res inter alios acta rule
b. admission by co-partner
c. admission by co-conspirator
d. admission by silence of a person for not doing or
saying anything when an act or declaration is said
against him in his presence.
311. The following are the requisites for the admission by
conspirator, EXCEPT:
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a. That the conspiracy be first proved by evidence


other than the admission itself.
b. That the admission relates to the common
object.
c. That it has been made while the declarant was
engaged in carrying out the conspiracy.
d. That several admission has been made with the
same offense without the possibility of collision.
312. Where several extrajudicial confessions had been
made by several person charged with the same offense
and without the possibility of collision among them, the
fact that the statements are in all respects identical is
confirmatory of the confessions of the co-defendants and
are admissible against the other persons implicated
therein.
a. interlocking confessions
b. admission by privies
c. res inter aliosacta rule
d. confession by co-defendant
313. An act or declaration made in the presence and
within the hearing or observation of a party who does or
says nothing when the act or declaration is such as to call
for action or comment if not true, and when proper and
possible for him to do so, may be given in evidence against
him.
a. admission by silence
b. admission by co-conspirator
c. confession
d. admission by privies
314. X barrowed from Y P200,000.00 and as a security for
the payment thereof, pledge ten (10) taxi cab. They
executed a corresponding document. Failing to pay on its
due date, Y filed a case against X at the trial, X tried to
prove, thru his testimony, that their real agreement was a
partnership in the operation of those taxi cabs but the
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venture failed. The testimony of X is not admissible


because it violates the:
a. Best Evidence rule
b. Parol evidence rule
c. Secondary Evidence rule
d. all of these
315. The judgment or order of a court, when declared by
these rules to be conclusive refers to the doctrine of:
a.Estoppel in pais
b. Quasi- conclusive presumption
c. Res Adjudicata
d. Disputable presumption
316. Whenever a party has, by his own declaration, act or
omission, intentionally or deliberately lead another to
believe a particular thing true, and to act upon such belief,
he cannot in any litigation arising out of such declaration,
act or omission, is permitted to falsify it. This particular
instance of conclusive presumption refers to what
doctrine.
a. Estoppel in pais
b. Quasi- conclusive presumption
c. Res Adjudicata
d. Disputable presumption
317. In criminal case, the prosecution cannot at the outset
prove the bad moral character of the accused, except in
what instance?
a. during direct examination of the accused.
b. If such evidence will not establish the probability
or improbability of the offense charged.
c. At the rebuttal stage. When the accused, in his
defense attempts to prove his good moral
character.
d. both a and b
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318. An extra judicial confession is one made in any other


place or occasion and cannot sustain a conviction unless
corroborated by:
a.Physical evidence
b. confession of a co-conspirator
c. corpus delicti
d. associative evidence
319. It is the history of family descent which is transmitted
from one generation to another by oral and written
declaration?
a. common reputation b. pedigree
c. judicial notice d. learned treatise
320. Known as Onos or owes probandi. The obligation
imposed upon a party who alleges the existence of a fact
or thing necessary in the prosecution or defense of an
action. (it does not shift).
a. Burden of proof b. Quantum of proof
c. burden of evidence d. Degree of proof
321. These are matters which are learned in confidence
which as a rule cannot be divulge without the consent of
the one who confined such matters.
a. disqualification by reason of marriage
b. learned treaties
c. privileged communication
d. confidential communication
322. It is an order issued by the court, directed to the
person detaining another, and commanding him to
produce the body of the prisoner with the day and cause
of his capture and reason for the detention>
a. writ of amparo
b. writ of habeas corpus
c. support pendent lite
d. mandamus
323. As a general rule, opinion of a witness is not
admissible, except:
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a. On the identity of a person about whom he has


adequate knowledge.
b. A handwriting with which he has sufficient
familiarity
c. The mental sanity of a person with whom he is
sufficiently acquainted.
d. His impression of the motion, behaviour,
condition or appearance of a person.
e. all of these
324. Character evidence is not generally admissible.
a. True b. false
c. partly true d. partly false
325. A person is presumed dead for all purpose, except for
those of succession, after an absence of ___ years, it being
unknown whether or not the absentee still lives.
a. 5 years b. 4 years
c. 7 years d. 10 years
326. Brenda Mage is a married woman, once his husband
has been absent for _____ consecutive years, she may
contract subsequent marriage if she has a well-founded
belief that the absent spouse is already dead.
a. 2 years b. 4 years
c. 5 years d. 7 years
327. Peter is a 14 years old and John is 62 years old, They
both perished in the same calamity. It is not shown who
died first and no other particular circumstances from
which it can be inferred. Who is considered to have
survived based on presumption?
a. Peter because he is under 15
b. Both of them
c. John because he is above 60
d. None of them
328. Who conducts cross examination?
a. the prosecution party b. The defense party
c. the proponent d. the opponent party
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329. It is otherwise known as examination in chief. It is


designed to build the party’s case.
a. direct examination b. cross examination
c. re-direct d. re-cross examination
330. It is a type of question assumes as true a fact not yet
testified to by the witness, or contrary to that which he
has previously stated. As a rule is not allowed.
a. leading question b. narrative question
c. misleading question d. direct question
331. Leading question as a general rule is not allowed,
EXCEPT:
a. on cross examination
b. when there is difficulty in getting direct and
intelligible answer from a witness who is ignorant,
or a child of tender years, or is feeble minded, or
deaf-mute.
c. on preliminary matters
d. On an unwilling or hostile witness
e. all of these
332. Public documents need not be authenticated as a
rule, while private documents need to be authenticated
before such may be received in evidence. How private
document is authenticated?
a. by anyone who saw the document executed or
written
b. by evidence of the genuineness of the signature
or handwriting of the maker.
c. by proof of their existence in some authentic
document
d. a and b only
e. a, b and c
333. Private document need not be authenticated when it
is proven to be an “Ancient Document” .How many years
for a document may be considered ancient document?
a. 20 years b. more than 20 years
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c. 30 years d. more than 30 years


334. Refers to any distinctive mark, characteristics and/or
sound in electronic form, representing the identity of a
person and attached to or logically associated with the
electronic data message or electronic document.
a. electronic document b. electronic signature
c. digital signature d. electronic key
335. It is the solid wood used by the judge similar to a
hammer usually to emphasis the beginning and sustaining
a certain rule.
a. anvil b. hammer
c. gavel d. mallet
336. Is one by which the State prosecute a person for an
act or omission punishable by law.
a. criminal action b. civil action
c. special proceeding d. administrative proceeding
337. Written statements of the respective claims or
defenses of the parties submitted to the court for
appropriate action.
a. complaint b. information
c. counter affidavit d. answer e. pleadings
338.It is the existence of the right on the part of one
person and a violation of such right by another person
which leads to the filing of a criminal action.
a. right of action b. cause of action
c. civil action d. criminal action.
339. A form of ordinary remedy issued by the court
directed to certain body, agency of tribunal, ordering such
agency to perform its function.
a. preliminary injunction b. certiorari
c. mandamus d. quo warranto
340. A form of remedy whereby a writ order of court was
directed to the manager of the bank or financial institution
directing the freezing of the bank account of the person
named in the writ.
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a. sequestration b. garnishment
c. replevin d. attachment
341. It is the filling of cases in more than one court which
is not allowed and would consequently lead to the
dismissal of the case.
a. Duplicity of offense b. forum shopping
c. jurat d. acknowledgment
342. He is a person who has greater expertise on certain
matter which the judge/court has no sufficient knowledge.
Such person may be requested by the court to appear as
friend of the court to help it in elucidating important
matters.
a. trial lawyer b. amicus curiae
c. guardian ad litem d. ex-officio counsel

343. Who among the following is allowed to give his


opinion on scientific evidence or matters which he has
acquired expertise because of special studies and line of
duty?
a. criminology professor
b. author of criminology books
c. expert witness
d. polygraph examiner
344. The court of first instance is the old name of what
court?
a. MTC b. RTC
c. Court of Appeals d. Supreme Court
345. The Fruits of the poisonous tree doctrine was first
announced on the American case of?
a. Terry vs. Ohio b. Miranda vs. Arizona
c. Mapp vs. Ohio d. Roe vs. Wade
346. A Latin term which literally means “equal fault or
equal guilt” usually in civil cases, where both parties are at
fault and therefore the law will leave them where they are
and would not intervene.
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a. In pari delicto b. res ipsaloquitor


c. mensrea d. prima facie
e. actusreus
347. The American case from which we derived our
kidnapping law.
a. OJ Simpson Case b. Charles Mason Case
c. Jim Jones Case d. LinderbergCAse
348. The Latin term for intent to gain.
a. Animus Lucrandi
b. Animus possidendi
c. Locus criminis or Locus delict
d. onus probandi
349. It literary means “to bring the body”.
a. Habeas corpus b. corpus delicti
c. corpus cristi d. loco parentis
350. When the judge stated “sustain” to a certain
objections made by the counsel it means?
a. the objection of the counsel is accepted
b. the objection is without basis
c. The objection is without merit does it is denied
d. the objection is conditional accepted
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Part II. Law Enforcement Administration

LAW ENFORCEMENT ADMINISTRATION


LEA 1: POLICE ORGANIZATION and ADMINISTRATION
with POLICE PLANNING

BY: NIÑO M. KABILING, RC,


M.S Justice (In-progress)
PART I POLICE ORGANIZATION AND ADMINISTRATION
I. POLICE ORGANIZATION AND ADMINISTRATION
 Organization-a group of persons working together
for a common goal or objectives a form of human
association for the attainment of a goal or objective
the process of identifying and grouping the work to
be performed, defining and delegating responsibility
and authority, establishing relationships for the
purpose of enabling people work effectively
 Police Organization- a group of trained personnel in
the field of public safety administration engaged in
the achievement of goals and objectives that
promotes the maintenance of peace and order,
protection of life and property, enforcement of the
laws and the prevention of crimes
 Administration- an organizational process
concerned with the implementation of objectives
and plans and internal operating efficiency connotes
bureaucratic structure and behavior, relatively
routine decision-making and maintenance of the
internal order
 Police Administration- the process involved in
ensuring strict compliance, proper obedience of laws
and related statutes focuses on the policing process
or how law enforcement agencies are organized and
managed in order to achieve the goals of law
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enforcement most effectively, efficiently and


productively
II. ORGANIZATIONAL CONCEPTS AND PRINCIPLES
A. FUNCTIONS IN A POLICE ORGANIZATION
 Primary or Line Functions- functions that carry out
the major purposes of the organization, delivering
the services and dealing directly with the public
examples of the line functions of the police are
Patrolling, traffic duties, and crime investigation
 Staff/Administrative Functions- functions that are
designed to support the line functions and assist in
the performance of the line functions examples of
the staff functions of the police are Planning,
research, budgeting and legal advice
 Auxiliary Functions- functions involving the
logistical operations of the organization examples
are communication, maintenance, records
management, supplies and equipment
management.
B. ORGANIC UNITS IN A POLICE ORGANIZATION
 Operational Units - those that perform primary or
line functions examples are patrol, traffic,
investigation and vice control,
 Administrative Units - those that perform the
administrative functions examples are personnel,
finance, planning and training
 Service Units- those that perform auxiliary
functions examples are communication, records
management
C. FUNCTIONAL UNITS
 Bureau- The largest organic unit within a large
department. The PNP is a bureau under the DILG
 Division- The primary subdivision of a bureau.
 Section- Functional units within a particular
division. This is necessary for specialization.
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 Units- Functional group within a section where


further specialization is needed.
D. OTHER TERMINOLOGIES
 Sworn Officers – all personnel of the police
department who have oath and who possess the
power to arrest.
 Superior Officer - one having supervisory
responsibilities, either temporarily or permanently,
over officers of lower rank.
 Commanding Officer - an officer who is in
command of the department, a bureau, a division,
an area, or a district.
 Ranking Officer - the officer who has the more
senior rank/higher rank in a team or group.
 Length of Service - the period of time that has
elapsed since the oath of office was administered.
Previous active services may be included or added.
 On Duty – the period when an officer is actively
engaged in the performance of his duty
 Off Duty - the nature of which the police officer is
free from specific routine duty
 Special Duty - the police service, its nature, which
requires that the officer be excused from the
performance of his active regular duty
 Leave of Absence - period, which an officer is
excused from active duty by any valid/acceptable
reason, approved by higher authority.
 Sick Leave - period which an officer is excused from
active duty by reason of illness or injury.
 Suspension - a consequence of an act which
temporarily deprives an officer from the privilege
of performing his duties as result of violating
directives or other department regulations.
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 Department Rules - rules established by


department directors/supervisors to control the
conduct of the members of the police force.
 Duty Manual - describes the procedures and
defines the duties of officers assigned to specified
post or position.
 Order - an instruction given by a ranking officer to
a subordinate, either General Order, Special, or
Personal
 Report - usually a written communication unless
otherwise specifies to be verbal reports; verbal
reports should be confirmed by written
communication.
E. ORGANIZATIONAL STRUCTURES
Organizational Structure- the systematic arrangement of
the relationship of the members, positions, departments
and functions or work of the organization it is comprised
of functions, relationships, responsibilities and authorities
of individuals within the organization
KINDS OF ORGANIZATIONAL STRUCTURES
1. Line
 the oldest and simplest kind; also called military
 defined by its clear chain of command from the
highest to the lowest and vice versa
 depicts the line functions of the organization
 orders or commands must come from the higher
level of authority before it can be carried out
 involves few departments
2. Functional
 structure according to functions and specialized
units
 depicts staff functions of the organization
 responsibilities are divided among authorities who
are all accountable to the authority above
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3. Line and Staff


 a combination of the line and functional kind
 combines the flow of information from the line
structure with the staff departments that service,
advise, and support them
 generally more formal in nature and has many
departments
 The Philippine National Police follow the line and
staff kind of organizational structure.
F. PRINCIPLES OF POLICE ORGANIZATION
 Principle of Unity of Objectives - an organization is
effective if it enables the individuals to contribute to
the organization’s objectives.
 Principle of Organizational Efficiency – organization
structure is effective if it is structured in such a way
to aid the accomplishment of the organization’s
objectives with a minimum cost.
 Functional Principle – refers to division of work
according to type, place, time and specialization.
 Scalar Principle – shows the vertical hierarchy of the
organization which defines an unbroken chain of
units from top to bottom describing explicitly the
flow of authority.
 Unity of Command- dictates that there should
only be ONE MAN commanding the unit to
ensure uniformity in the execution of orders
 Span of Control- the maximum number of
subordinates that a superior can effectively
supervise
 Delegation of Authority- conferring of certain
specified authority by a superior to a
subordinate
 Specialization- the assignment of particular
personnel to particular tasks which are highly
technical and require special skills and training
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 Chain of Command- the arrangement of officers


from top to bottom on the basis of rank or
position and authority
 Command Responsibility- dictates that
immediate commanders shall be responsible for
the effective supervision and control of their
personnel and unit
- NAPOLCOM MC No. 95-03 –
“Institutionalization of the Doctrine of
Command Responsibility at all levels of
Command in the PNP
- EO No. 226 - “Institutionalization of the
Doctrine of Command Responsibility in all
Government offices
 Line and Staff – implies that a system of varied
functions arrange into a workable pattern. The line
organization is responsible for the direct
accomplishment of the objectives while the staff is
responsible for support, advisory or facilitative
capacity
 Principle of Balance – states that the application of
principles must be balanced to ensure the
effectiveness of the structure in meeting
organization’s objectives
 Principle of Delegation by Results – states that
authority delegated should be adequate to ensure
the ability to accomplish expected results
 Principles of Absoluteness of Responsibility –
explains that the responsibility of the subordinates
to their superior for performance is absolute and
the superior cannot escape responsibility for the
organization on activities performed by their
subordinates.
 Principle of Parity and Responsibility – explains
that responsibility for action cannot be greater
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than that implied by the authority delegated nor


should it be less.
 Authority Level Principle – implies that decisions
within the authority of the individual commander
should be made by them and not be returned
upward in the organizational structure.
 Principle of Flexibility – which means that the
more flexible the organization, the more it can
fulfill its purpose

III. THEORY AND PHILOSOPHY OF POLICE SERVICE


A. HOME RULE THEORY
 policemen are regarded as servants of the
community, who rely for the efficiency of their
functions upon the express needs of the people
 policemen are civil servants whose key duty is the
preservation of public peace and security
 It exist in United States, England and Philippines
B. CONTINENTAL THEORY
 policemen are regarded as servants of the higher
authorities
 the people have no share or have little
participation with the duties nor connection with
the police organization
 It exist in France, Italy and Spain- countries with a
decentralized form of government
C. OLD CONCEPT
 police service gives the impression of being merely
a suppressive machinery
 this philosophy advocates that the measurement of
police competence is the increasing number of
arrests, throwing offenders in detention facilities
rather than trying to prevent them from
committing crimes
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D. MODERN CONCEPT
 regards police as the first line of defense of the
criminal justice system, an organ of crime
prevention
 police efficiency is measured by the decreasing
number of crimes
 broadens police activities to cater to social services
and has for its mission the welfare of the individual
as well as that of the community in general
IV. THE EVOLUTION OF POLICING SYSTEM
A. ANGLO-SAXON PERIOD OF POLICING SYSTEM (600-
1006 AD)
1. Tun Policing System - A system of policing emerged
during the Anglo-Saxon period whereby all male
residents were required to guard the town (tun) to
preserve peace and protect the lives and properties of
the people. Ten families in a town (tun) equaled a
tithing. Each tithing elected a leader who was known
as the Tithingman. Since 10 tithings amounted to 100,
the leader of the 100 families was named the reeve.
Both the tithingman and reeve were elected officials.
They possessed judicial power as well as police
authority.
2. Hue and Cry - provides for methods of apprehending a
criminal by an act of the complainant shout to call all
male residents to assemble and arrest the suspect.
3. Trial by Ordeal - A judicial practice where in the guilt
or innocence of the accused is determined by
subjecting him to an unpleasant, usually dangerous,
experience. The word “ordeal” was derived from the
Medieval Latin word “Dei Indicum” which means “a
miraculous decision.”
B. NORMAL PERIOD OF POLICING SYSTEM (1066-1225
AD)
1. Shire-Reeve
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 “Shires” a division of (55) military areas in England


under the Regime of France.
 “Rieve” (the head-man) - the military leader
(lieutenants of the army) who is in charge of the
Shires.
 Two “Constabuli” or “The Keeper of the Horse”
was appointed to each village to aid the Rieve in his
duties. It became the source of the word Constable.
 “Shire-Rieve”- it is from the word “Sheriff” came. A
person which absolute powers that no one could
questions his or her actions.
2. Travelling Judge - judge selected to hear cases which
were formerly being judge by the Shire-Rieve and task to
travel through and hear criminal cases. This was the first
instance of the division of the police and judicial powers.
3. Leges Henrici - an act that was enacted during this
period with the following features:
 Offenses were classified as against the king and
individual.
 Policeman becomes public servant
 The police and the citizens have the broad power
to arrest. It introduced the system called “citizen’s
arrest.”
 Grand Jury was created to inquire on the facts of
the law.
4. Magna Carta- another law enacted upon the demand of
the Knights of the Round Table forcing the King to sign the
same with the following features:
 No freeman shall be taken or imprisoned except by
legal judgement.
 No person shall be tried for murder unless there is
proof of the body of the victim.
5. Frankpledge System - A system of policing whereby a
group of ten neighboring male residents over twelve years
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of age were required to guard the town to preserve peace


and protect the lives and properties of the people
C. WESTMINSTER PERIOD OF POLICING SYSTEM (1285-
1500)
1. Statute of 1295 - the law that mark the beginning of
the curfew hours, which demanded the closing of the
gates of London during sundown.
2. Justice of the Peace - Three or four men who were
learned in the law of the land were given authority to
pursue arrest, chastise and imprison violators of law.
They handled felonies, misdemeanors and infractions
of city or villages ordinances. This was later abolished
about 75 years later.
3. Courts of the Star-Chamber (1487) - a special court
designed to try offenders against the state. The room
set-up is formed in a shape of a star and judges were
given great powers such as the power to force
testimony from a defendant leading to a great abuse of
power or brutality on the part of the judges.
D. MODERN PERIOD OF POLICING SYSTEM
In 1829, Sir Robert Peel introduced the
Metropolitan Police Act passed by the parliament of
England-the milestone of England’s police force. Sir Robert
Peel become famous and was considered as the Father of
Modern Policing System.
Peel’s Concepts of Policing are:
 The police should be organized along military lines.
 The police should be place under screening and
training.
 The police should be hired on a probationary basis.
 The police should be deployed by time and by area.
 Police headquarters should be accessible to the
people.
 Police-Record keeping is essential.
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The Principles of Law Enforcement enunciated by Sir


Robert Peel
 Prevention of Crime is the basic mission of the police.
 Police must have the full respect of the citizenry.
 A citizen’s respect for law develops his respect for the
police.
 Cooperation of the public decreases as the use of
force increases.
 Police must render impartial enforcement of the law.
 Physical force is used only as a last resort.
 The police are the public and the public are the police.
 The police represent the law.
 The absence of crime and disorder is the test of police
efficiency.
V. EVOLUTION OF THE PHILIPPINE POLICING SYSTEM
The institution of police in the Philippines formally
started during the Spanish period. The establishment of
the police force was not entirely intended for crime
prevention or peacekeeping, rather it was created as an
extension of the colonial military establishment.
A. SPANISH PERIOD
1. Carabineros De Seguridad Publica- Organized in 1712
for the purpose of carrying the regulations of the
Department of State; this was armed and considered
as the mounted police.
2. Guadrilleros/Cuadrillo- This was a body of rural police
organized in each town and established by the Royal
Decree of 18 January 1836; this decree provided that
5% of the able-bodied male inhabitants of each
province were to be enlisted in this police organization
for three years
3. Guardia Civil- This was created by a Royal Decree
issued by the Crown on 12 February 1852 to partially
relieve the Spanish Peninsular troops of their work in
policing towns.
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B. AMERICAN PERIOD
The Americans established the United States
Philippine Commission headed by General Howard Taft as
its first governor-general. On January 9, 1901, the
Metropolitan Police Force of Manila was organized
pursuant to Act No 70 of the Taft Commission. This has
become the basis for the celebration of the anniversary of
the Manila’s Finest every January 9th.
1. Act No 175 - entitled “An Act Providing for the
Organization and Government of an Insular
Constabulary”, enacted on July 18, 1901
2. Capt. Henry Allen- the first chief of the Philippine
Constabulary in 1901
3. Act No. 183 - created the Manila Police Department,
enacted on July 31, 1901
4. Capt. George Curry- the first chief of police of the
Manila Police Department in 1901
5. Act No 255 - The act that renamed the Insular
Constabulary into Philippine Constabulary, enacted
on October 3, 1901
6. Executive Order 389- ordered that the Philippine
Constabulary be one of the four services of the Armed
Forces of the Philippines, enacted on December 23,
1940
C. POST-AMERICAN PERIOD
1. RA 4864- otherwise known as the Police
Professionalization Act of 1966, enacted on
September 8, 1966; created the Police Commission
(POLCOM); later POLCOM was renamed into National
Police Commission (NAPOLCOM)
D. MARTIAL LAW PERIOD
 PD 765- otherwise known as the Integration Act of
1975, enacted on August 8, 1975; established the
Integrated National Police (INP) composed of the
Philippine Constabulary (PC) as the nucleus and the
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integrated local police forces as components, under the


Ministry of National Defense transferred the
NAPOLCOM from the Office of the President to the
Ministry of National Defense
E. POST MARTIAL LAW REGIME
1. Executive Order No 1012- transferred to the city and
municipal government the operational supervision and
direction over all INP units assigned within their
locality; issued on July 10, 1985
2. Executive Order No 1040- transferred the
administrative control and supervision of the INP from
the Ministry of National Defense to the National Police
Commission
3. R.A. 157- created the National Bureau of Investigation,
enacted June 19, 1947 and later reorganized by R.A.
2678
4. RA 6975- otherwise known as the Department of the
Interior and Local Government Act of 1990, enacted on
December 13, 1990; reorganized the DILG and
established the Philippine National Police, Bureau of
Fire Protection, Bureau of Jail Management and
Penology and the Philippine Public Safety College
5. RA 8551- otherwise known as the Philippine National
Police Reform and Reorganization Act of 1998, enacted
on February 25, 1998; this law amended certain
provisions of RA 6975
6. RA 9708- law amending the provisions of RA 6975 and
RA 8551 on the minimum educational qualification for
appointment to the PNP and adjusting the promotion
system; approved on 12 August 2009
F. IMPORTANT FILIPINO PERSONALITIES IN THE
EVOLUTION OF PHILIPPINE POLICING
1. Brig Gen Rafael Crame - the first Filipino chief of the
Philippine Constabulary in 1917
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2. Col. Antonio Torres- the first Filipino chief of police of


the Manila Police Department in 1935
3. Col. Lamberto Javalera- the first chief of police of the
Manila Police Department after the Philippine
Independence from the United States of America in
1946
4. P/Dir Gen. Cesar Nazareno- the first chief of the
Philippine National Police
VI. HIGHLIGHTS OF R.A. 6975 AS AMENDED BY R.A. 8551
AND R.A. 9708
A. THE DEPARTMENT OF THE INTERIOR AND LOCAL
GOVERNMENT (DILG)
 formerly Department of Local Government (DLG)
 reorganized under RA 6975
A.1 ORGANIZATION:
 consist of:
a. the Department proper
b. existing bureaus and offices of the DLG
c. local government units (LGU)
 provincial governors
 city and municipal mayors
d. the National Police Commission
e. the Philippine Public Safety College
f. Philippine National Police
g. Bureau of Fire Protection
h. Bureau of Jail Management and Penology
 the PPSC, PNP, BFP and BJMP were created under RA
6975
 headed by the Secretary to be appointed by the
President and who shall serve at the pleasure of the
President
 the Secretary shall be assisted by two (2)
Undersecretaries and three (3) Assistant Secretaries
 Undersecretary for Local Government
 Undersecretary for Peace and Order
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 No retired or resigned military officer or police official


may be appointed as Secretary within one (1) year
from date of retirement or resignation
 the Secretary is also the ex officio chairman of the
National Police Commission
 refer to the organizational chart of DILG
A.2 POWERS AND FUNCTIONS OF THE DILG
 Assist the President in the exercise of general
supervision over local governments;
 Advise the President in the promulgation of policies,
rules, regulations and other issuances on the general
supervision over local governments and on public
order and safety;
 Establish and prescribe rules, regulations and other
issuances implementing laws on public order and
safety, the general supervision over local governments
and the promotion of local autonomy and community
empowerment and monitor compliance thereof;
 Provide assistance towards legislation regarding local
governments, law enforcement and public safety;
Establish and prescribe plans, policies, programs and
projects to promote peace and order, ensure public
safety and further strengthen the administrative,
technical and fiscal capabilities of local government
offices and personnel;
 Formulate plans, policies and programs which will
meet local emergencies arising from natural and man-
made disasters;
Establish a system of coordination and cooperation
among the citizenry, local executives and the
Department, to ensure effective and efficient delivery
of basic services to the public;
 Organize, train and equip primarily for the
performance of police functions, a police force that is
national in scope and civilian in character.
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A.3 RELATIONSHIP OF THE DILG WITH THE DEPARTMENT


OF NATIONAL DEFENSE (DND)
 under RA 6975, the Armed Forces of the Philippines
(AFP) was in charge with external security while the
DILG was in charge with internal security
 under RA 8551, the Armed Forces of the Philippines is
now in charge with both internal and external security
with the PNP as support through information gathering
and performance of ordinary police functions
B. National Police Commission
 an agency attached to the DILG for policy coordination
 shall exercise administrative control and operational
supervision over the PNP
B.1 Composition:
 consist of a Chairperson, four (4) regular
Commissioners and the Chief of PNP as ex officio
member
 shall serve a term of office of six (6) years without
reappointment or extension
 three of the four regular commissioners shall come
from civilian sector and not former members of the
police or military
 the fourth regular commissioner shall come from the
law enforcement sector either active or retired
Provided, That an active member of a law enforcement
agency shall be considered resigned from said agency
once appointed to the Commission
 at least one (1) of the four regular commissioners shall
be a woman
 from among the three regular commissioners from the
civilian sector, the Vice Chairperson shall be chosen
 the Vice Chairperson shall act as the Executive Officer
of the Commission
 refer to the organizational structure of the NAPOLCOM
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B.2 Qualifications of the Regular Commissioners


 citizens of the Philippines
 lawyers with at least five (5) years experience in
handling criminal or human rights cases; or
 holders of a master’s degree in public administration,
sociology, criminology, criminal justice, law
enforcement and other related disciplines
B.3 Temporary or Permanent Incapacity of the
Chairperson.
In case of absence due to the temporary incapacity
of the chairperson, the Vice chair shall serve as
Chairperson until the Chairperson is present or regains
capacity to serve. In case of death or permanent incapacity
or disqualification of the chairperson, the acting
chairperson shall also act as such until a new chairperson
shall have been appointed by the President and qualified.
B.4 Removal from Office
The members of the Commission may be removed from
office for cause. All vacancies in the Commission, except
through expiration of term, shall be filled up for the
unexpired term only: Provided that any person who shall
be appointed in this case shall be eligible for regular
appointment for another full term.
C. PHILIPPINE NATIONAL POLICE
 organized pursuant to RA 6975, as amended by RA
8551 and 9708
 a law enforcement agency under the operational
control of the Department of the Interior and Local
Government and administrative supervision of the
National Police Commission
 it is an organization that is national in scope and
civilian in character, as provided by Section 6, Article
16 of the 1987 Philippine Constitution:
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“The state shall establish and maintain one


police force which shall be national in scope
and civilian in character…”
 headed by the Chief, PNP, with the rank of Director
General, appointed by the President and who shall
serve a term of office of four (4) years
NATIONAL IN SCOPE
 means that the PNP is a nationwide government
organization whose jurisdiction covers the entire
breadth of the Philippine archipelago
 all uniformed and non-uniformed personnel of the PNP
are national government employees
CIVILIAN IN CHARACTER
 means that that the PNP is not a part of the military,
although it retains some military attributes such as
discipline
1. POWERS AND FUNCTIONS OF THE PNP
 Enforce all laws and ordinances relative to the
protection of lives and properties;
 Maintain peace and order and take all necessary steps
to ensure public safety;
 Investigate and prevent crimes, effect the arrest of
criminal offenders, bring offenders to justice and assist
in their prosecution;
 Exercise the general powers to make arrest, search and
seizure in accordance with the Constitution and
pertinent laws;
 Detain an arrested person for a period not beyond
what is prescribed by law, informing the person so
detained of all his rights under the Constitution;
 Issue licenses for the possession of firearms and
explosives in accordance with law;
 Supervise and control the training and operations of
security agencies and issue licenses to operate security
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agencies and to security guards and private detectives,


for the purpose of their professions.
2. ORGANIZATION AND COMPOSITION OF THE PNP
 shall be headed by a Chief who shall be assisted by two
(2) deputy chiefs:
- Deputy Chief for Administration
- Deputy Chief for Operations
 the Chief PNP and the two (2) deputy chiefs shall be
appointed by the President
 no officer who is retirable within six (6) months shall
be appointed Chief
 the PNP shall be composed of a national office,
regional offices, provincial offices, district offices, and
city or municipal stations
 refer to the organizational structure of the Philippine
National Police
3. MANNING LEVELS
Section 27 of R.A. 6975 provides (police-to-population
ratio)
 1:500 – nationwide average
 1:1000 – minimum police-to-population ratio
4. PNP RANK CLASSIFICATION AND ITS COUNTERPART IN
THE MILITARY
Director General General
Deputy Director General Lt. Gen
Director Major General
Chief Superintendent Brigadier General
Senior Superintendent Colonel
Superintendent Lt Colonel
Chief Inspector Major
Senior Inspector Captain
Inspector Lieutenant
SPO4 Master Sergeant
SPO3 Technical Sergeant
SPO2 Staff Sergeant
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SPO1 Sergeant
Police Officer 3 Corporal
Police Officer 2 Priv. 1st Class
Police Officer 1 Private

POLICE NON-COMMISSIONED OFFICER RANKS (PNCO)


 PO1 to SPO4
POLICE COMMISSIONED OFFICER RANKS (PCO)
 INSPECTOR TO DIRECTOR GENERAL
5. KEY POSITIONS AND THEIR CORRESPONDING RANKS
IN THE PNP
 Chief- highest position in the PNP, with the rank of
DIRECTOR GENERAL
 Deputy Director General ranks
- DDG for Administration (2nd in Command)
- DDG for Operation (3rd in Command)
- Chief of the Directorial Staff (4th in Command)
 NCR Director – with the rank of Director
 Regional Director -with the rank of Chief
Superintendent
 Provincial Director -with the rank of Senior
Superintendent
 NCR District Director -with the rank of Chief
Superintendent
 Chief of Police – with the rank of Chief Inspector
6. STATUS OF THE MEMBERS OF THE PNP
 police officers are employees of the national
government and shall draw their salaries from the
national budget
 they shall have the same salary grade level as that of
public school teachers police officers assigned in
Metro Manila, chartered cities and first class
municipalities may be paid financial incentives by the
local government unit concerned subject to availability
of funds
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7. GENERAL QUALIFICATIONS FOR APPOINTMENT TO


THE PNP (RA 6975, AS AMENDED BY RA 8551 AND RA
9708)
 A citizen of the Philippines;
 A person of good moral conduct;
 Must have passed the psychiatric/psychological, drug
and physical tests to be administered by the PNP or
by any NAPOLCOM accredited government hospital
for the purpose of determining physical and mental
health;
 Must possess a formal baccalaureate degree from a
recognized institution of learning
 Must be eligible in accordance with the standards set
by the Commission; Must have passed the board
examination given by the Profession Regulation
Commission (PRC) or the NAPOLCOM Police Entrance
Examination
 Must not have been dishonorably discharged from
military employment or dismissed for cause from any
civilian position in the Government;
 Must not have been convicted by final judgment of an
offense or crime involving moral turpitude;
 Must be at least one meter and sixty-two centimeters
(1.62 m) in height for male and one meter and fifty-
seven (1.57 m) for female;
 Must weigh not more or less than five kilograms
(5kgs) from the standard weight corresponding to his
or her height, age and sex; and
 For a new applicant, must not be less than twenty-
one (21) nor more than thirty (30) years of age
NOTE: Section 30 (j) of R.A. 6975, as amended by
section 14 of R.A. 8551, was further amended by
R.A. 9708 “…PNP members who are already in the
service upon the effectivity of Republic Act No.
8551 shall be given five (5) years to obtain the
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minimum educational qualification preferably in


law enforcement related courses, to be reckoned
from the date of the effectivity of this amendatory
Act: Provided, furthermore, That for concerned PNP
members rendering more than fifteen (15) years
of service and who have exhibited exemplary
performance as determined by the Commission,
shall no longer be required to comply with the
aforementioned minimum educational
requirement.”
8. SPECIFIC QUALIFICATIONS THAT MAY BE WAIVED
APPOINTMENT UNDER A WAIVER PROGRAM
(NAPOLCOM MC No. 2007-009)
8.1. Conditions on waivers for initial appointment to the
PNP
 The age, height and weight for initial appointment
to the PNP may be waived only when the number
of qualified applicants falls below the approved
national/regional quota.
 The Commission en banc may grant age, height and
weight waiver. The NAPOLCOM Regional Director
may grant height waiver to a member of an
indigenous group.
 Waiver of the age requirement may be granted
provided that the applicant shall not be less than
twenty (20) nor more than thirty five (35) years of
age.
 Waiver of the height requirement may be granted
to a male applicant who is at least 1 meter and 57
cm (1.57m) and to a female applicant who is at
least 1 meter and 52cm (1.52m). Provided, that the
minimum height requirement for applicants who
belong to indigenous group duly certified by the
Office of the Muslim Affairs (OMA) or the National
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Commission on Indigenous Peoples (NCIP) shall be


1.52m for male and 1.45m for female
 An applicant who is granted a weight waiver shall
be given reasonable time not exceeding six (6)
months within which to comply with the said
requirement. Failure to attain the required weight
shall cause the termination from the service.
8.2. Factors to be considered in the Grant of Waivers
 Outstanding accomplishments or possession of
special skills in law enforcement, police work,
martial arts, marksmanship and similar skills;
 Special talents in the field of sports, music and
others;
 Extensive experience or training in forensic science
and other technical services.
8.3. Selection Criteria under the waiver program
 Applicants who possess the least disqualifications
shall take precedence over those who possess
more disqualifications.
 The requirement shall be waived in the following
order: Age, Height, Weight (AHW)
NOTE:
 Appointment under a waiver program is temporary.
PNP members who failed to comply with the specific
requirements shall be dismissed.
 PNP members under the waiver program but is
dismissed for failure to comply with the requirements
can RE-APPLY provided he now have the minimum
requirements.
9. APPOINTMENT OF UNIFORMED PNP PERSONNEL
 PO1 TO SPO4 – appointed by the Regional Director
for regional personnel or by the Chief, PNP for the
national headquarters
 INSP. TO SUPT. – appointed by the Chief, PNP
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 SR. SUPT TO DDG – appointed by the President upon


recommendation of the Chief, PNP, subject to
confirmation by the Commission on Appointments
 DIRECTOR GENERAL – appointed by the President
from among the senior officers down to the rank of
C/Supt, subject to the confirmation of the
Commission on Appointments
9.1 KINDS OF APPOINTMENT
 PERMANENT – when an applicant possesses the
upgraded general qualifications for
appointment in the PNP.
 TEMPORARY – Any PNP personnel who is admitted
due to the waiver of the educational or weight
requirements. Any member who will fail to satisfy
any of the waived requirements with the specified
time periods shall be dismissed from the service.
Pursuant to NAPOLCOM Memorandum Circular No.
2007-009, a newly recruited PO1 shall be appointed in
temporary status in twelve (12) months pending
compliance with the Field Training Program (FTP) involving
actual experience and assignment in PATROL, TRAFFIC
AND INVESTIGATION.
10. EXAMINATION AND ELIGIBILITY
The National Police Commission shall administer
the entrance and promotional examinations for police
officers on the basis of the standards set by the
Commission (as amended by RA 8551).
 Police Entrance Examination – taken by applicants of
the PNP
 Police Promotional Examinations – taken by in-service
police officers as part of the mandatory requirements
for promotion
POLICE OFFICER EXAMINATION
SENIOR POLICE OFFICER EXAMINATION
INSPECTOR EXAMINATION
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SUPERINTENDENT EXAMINATION

NAPOLCOM MEMORANDUM CIRCULAR NO. 2008-003


The appropriate eligibilities for PO1 are those acquired
from the following:
 NAPOLCOM PNP Entrance Examination
 R.A. No. 6506 (Licensed Criminologist)
 R.A. No. 1080 (Bar and Board Examinations of
baccalaureate degree)
 P.D. 907 (Granting Civil Service Eligibility to College
Honor Graduates)
 Civil Service Professional
NAPOLCOM MEMORANDUM CIRCULAR NO. 2008-016
(Promotional Examinations)
-Members of the Bar and Licensed Criminologists
whose profession are germane to law enforcement and
police functions are no longer required to take
promotional examinations up to the rank of
Superintendent.
11. LATERAL ENTRY
11.1 In general, all original appointments of commissioned
officers in the PNP shall commence with the rank of
inspector, to include all those with highly technical
qualifications applying for the PNP technical services (R.A.
6975).
 Inspector Rank:
Dentists, optometrists, nurses, engineers, graduates of
forensic sciences, graduates of the Philippine National
Police Academy and licensed criminologists
 Senior Inspector Rank:
Chaplains, members of the bar and doctors of medicine
11.2 New policy on LATERAL ENTRY (NAPOLOCM M.C
2008-006)
 A person with highly technical qualifications such as:
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 Dentist, Optometrist, Nurse, Engineer, Graduate of


Forensic Science, Doctor of Medicine, Member of
Philippine Bar, Chaplain, Information Technologist,
Pilot, Psychologist
 Graduate of PNPA
 Licensed Criminologist
Top priority consideration for lateral entry into the
rank of Police Inspector shall be given to top ten (10)
placers of the different Licensure Examinations. However,
incumbent PNP members who land in the top ten shall be
given first preference over the civilian provided that the
qualifications are satisfied.
The maximum age of PNP members applicants through
lateral entry shall be forty six (46) years old at the time of
appointment. Age waivers shall not be allowed.
12. PROMOTION
Promotion is defined as the upward movement
from one classification or rank to another carrying higher
benefits and more responsibility. It is the upgrading of
ranks and/or advancement to a position of leadership.
12.1 KINDS OF PROMOTION
 REGULAR PROMOTION - promotion granted to
police officers meeting the mandatory requirements
for promotion.
Mandatory Requirements for Promotion
 Educational attainment
 Completion of appropriate training/schooling, such
as:
- Master’s Degree -Chief Superintendent and above
- Officers Senior Executive Course (OSEC) – Supt to Sr.
Supt
- Officers Advance Course (OAC) – Chief Insp.
- Officers Basic Course (OBC) – Sr. Insp.
- Officers Candidate Course (OCC) – SPOIV
- Senior Leadership Course (SLC) – SPOIII to SPOIV
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- Junior Leadership Course (JLC) – POIII to SPOI


 Time-in Grade – the number of years required for a
police officer to hold a certain rank before he can be
promoted to the next higher rank. The time-in grade in
the PNP is maintained as follows (NAPOLCOM MC #
2011-196):
2 years – from Sr Supt to Chief Supt.
3 years – from Supt to Sr Supt
5 years – Chief Insp to Supt
5 years – Sr Insp to Chief Insp
4 years – Insp to Sr Insp
3 years – SPO4 to Insp
3 years – SPO3 to SPO4
3 years – SPO2 to SPO3
3 years – SPO1 to SPO2
3 years – PO3 to SPO1
3 year – PO2 to PO3
4 years – PO1 to PO2
 Appropriate eligibility – the required promotional
examinations
- Police Officer Promotional Examination
- Senior Police Officer Promotional Examination
- Police Inspector Promotional Examination
- Police Superintendent Promotional Examination
Except for the Chief, PNP, no PNP member who has
less than one (1) year of service before reaching the
compulsory retirement age shall be promoted to a higher
rank or appointed to any other position.
Pursuant to RA 9708, “…In addition, the institution
of a criminal action or complaint against a police officer
shall not be a bar to promotion: Provided, however, That
upon finding of probable cause, notwithstanding any
challenge that may be raised against that finding
thereafter, the concerned police officer shall be ineligible
for promotion: Provided, further, That if the case remains
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unresolved after two (2) years from the aforementioned


determination of probable cause, he or she shall be
considered for promotion. In the event he or she is held
guilty of the crime by final judgment, said promotion shall
be recalled without prejudice to the imposition of the
appropriate penalties under applicable laws, rules and
regulations:
-Provided, furthermore, That if the complaint filed
against the police officer is for a crime including, but not
limited to, a violation of human rights, punishable by
reclusion perpetua or life imprisonment, and the court
has determined that the evidence of guilt is strong, said
police officer shall be completely ineligible for promotion
during the pendency of the said criminal case.”
 Special Promotion – promotion granted to police
officers who have exhibited acts of conspicuous
courage and gallantry at the risk of his/her life above
and beyond the call of duty.
Conspicuous courage is a courage that is clearly
distinguished above others in the performance of one’s
duty.
ACTS OF CONSPICUOUS COURAGE AND GALLANTRY
(NAPOLCOM Memorandum Circular No. 2007-003 and
PNP Memorandum Circular No. 2009-019)
 A deed of personal bravery and self sacrifice above
and beyond the call of duty, so conspicuous as to
distinguish the act clearly over and above his/her
comrades in the performance of more than ordinary
hazardous service, such as; but not limited to the
following circumstances:
- Overwhelming number of enemies and firepower
capability as against the strength of PNP
operatives and their firepower capability;
- Infiltration and penetration of the safe houses and
hideouts of organized crime syndicates like
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kidnapping, illegal drugs, carnapping, hijacking


and terrorism;
- Shoot-out in robbery/hold-up incidents inside
public places such as: malls, government
offices, business establishments and PUVs;
- Conduct of rescue/disaster operations that
resulted in the saving of lives and properties.
 An act of heroism exhibited in the face of an armed
enemy or in the conduct of rescue/disaster operations
resulting in the loss of life (posthumous promotions).
Posthumous Award – in case an individual who distinguish
himself dies before the granting of the awards.
 PROMOTION BY VIRTUE OF POSITION (Section 32,
R.A. 8551)
Any PNP personnel designated to any key position
whose rank is lower than that which is required for such
position shall, after six (6) months of occupying the same,
be entitled to a rank adjustment corresponding to the
position.
Provided, that the personnel shall not be
reassigned to a position calling for a higher rank until after
two (2) years from the date of such rank adjustment.
PROMOTING AUTHORITIES:
Grade/Rank Promoting Authorities
 Director General President
 Sr. Supt. to Deputy Dir. Gen. President
 Insp. To Supt. Chief, PNP
 PO1 to SPOIV RD/Chief, PNP
13. ATTRITION SYSTEM
Attrition- The downsizing of personnel in the PNP on the
basis provided by law. A system of force retirement or
separation from the service.
 Attrition by Attainment of Maximum Tenure
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Those who have reached the prescribed maximum


tenure corresponding to their position shall be retired
from the service
- Chief 4 years
- Deputy Chief 4 years
- Director of Staff Services 4 years
- Regional Directors 6 years
- Provincial/District Directors 9 years
- Other positions higher than
Provincial Director 6 years
 Attrition by Relief
Those who have been relieved for just cause and
have not been given an assignment within TWO (2) YEARS
after such relief shall be retired or separated
 Attrition by Demotion in Position or Rank
Those who are relieved and assigned to a position
lower than what is established for his or her grade in the
PNP staffing pattern and who shall not be assigned to a
position commensurate to his or her grade within
EIGHTEEN (18) MONTHS after such demotion shall be
retired or separated
 Attrition by Non-Promotion
Those who have not been promoted for a
continuous period of TEN (10) YEARS shall be retired or
separated
 Attrition by other Means
Any PNP member of officer with at least five (5)
years of accumulated active service shall be separated
based on any of the following:
- inefficiency based on poor performance during the
last two (2) successive annual rating periods
Poor performance refers to the poor rating in the
promulgated PNP Performance Evaluation Rating
System.
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- Inefficiency based on poor performance for three


(3) cumulative annual rating periods;
- Physical and/or mental incapacity to perform
police functions and duties.
- Failure to pass the required entrance examinations
twice and/or finish the required career course
except for justifiable reasons;
- refusal to take periodic PNP Physical Fitness Test
without justifiable reason.
Physical Fitness Test- refers to the method of
evaluating the physical condition of PNP members
in terms of stamina, strength, speed and agility.
- failure to take PNP Physical Fitness Test for four (4)
consecutive periodic tests due to health reasons;
- failure to pass PNP Physical Fitness Test for Two (2)
consecutive periodic tests or four (4) cumulative
periodic tests; or
- non-compliance with the minimum qualification
standards for the permanency or original
appointment.
RETIREMENT OR SEPARATION UNDER THE ATTRITION
SYSTEM
Any personnel who is dismissed from the PNP
pursuant to different ways mentioned, shall be retired if
he or she has rendered at least twenty (20) years of service
and separated if he or she has rendered less than twenty
(20) years of service, unless the personnel is disqualified by
law to receive such benefits.
14. RETIREMENT
The separation of the police personnel from the
service by reason of reaching the age of retirement
provided by law, or upon completion of certain number of
years in active service. PNP uniformed personnel shall
retire to the next higher rank for purposes of retirement
pay.
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 Kinds of Retirement
- Compulsory – upon reaching the age FIFTY-SIX (56),
the age of retirement
- Optional – upon completion of TWENTY (20) YEARS of
active service
 Retirement Benefits
Monthly retirement pay shall be FIFTY PERCENT
(50%) of the base pay in case of twenty years of active
service, increasing by TWO AND ONE-HALF PERCENT
(2.5%) for every year of active service rendered beyond 20
YEARS to a maximum of ninety percent (90%) for thirty-six
(36) years of service and over: Provided, that the
uniformed member shall have the option to receive in
advance and in lump sum his or her retirement pay for the
first five (5) years. Provided, further, that payment of the
retirement benefits in lump sum shall be made within six
(6) months from effectivity date of retirement and/or
completion.
 Retirement due To Permanent Physical Disability
PNP uniformed personnel who are permanently
and totally disabled as a result of injuries suffered or
sickness contracted in the performance of his duty shall be
entitled to ONE YEAR’S SALARY and to a LIFETIME
PENSION equivalent to EIGHTY PERCENT (80%) of his last
salary, in addition to other benefits.
Should such PNP personnel die within FIVE (5)
YEARS from his retirement due to physical disability, his
legal spouse or legitimate children shall be entitled to
receive the pension for the remainder of the five year-
period.
Absence Without Official Leave (AWOL) - Failure to report
for duty without official notice for a period of THIRTY (30)
DAYS
Missing In Action (MIA) - any PNP personnel who, while in
the performance of duty or by reason of his being an
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officer or member of the PNP, is officially confirmed


missing in action, kidnapped or captured by lawless
elements shall be entitled to receive or to have credited to
his account the same pay and allowances to which such
officer or uniformed member was entitled at the time of
the incident.
Payment of Salary and allowances to Heirs of Uniformed
Personnel of PNP- the Chief of the PNP, shall direct
payment of the absent uniformed personnel's monthly
salary and allowances and other emoluments pertinent
thereto his/her heirs for their support for a maximum
period of one (1) year from the date of commencement of
absent or when last heard from as those kidnapped or
captured by lawless elements. After One Year the missing
uniformed personnel shall be automatically terminated. In
the event said personnel shall thereafter be found to have
been alive and is not entitled to the benefits paid, said
benefits shall be reimbursed to the State within six (6)
months from the discovery of the fact or his reappearance.
15. CREATION OF WOMEN’S DESK
 provided by RA 8551
 women’s desk in all police stations shall administer
and attend to cases involving crimes against chastity,
sexual harassment, abuses committed against women
and children and other similar offenses
 the PNP shall reserve TEN PERCENT (10%) of its
annual recruitment, training and education quota for
women
 policewomen shall enjoy the same opportunities in
terms of assignment, promotion and other benefits
and privileges extended to all police officers
16. PARTICIPATION OF LOCAL GOVERNMENT
EXECUTIVES IN THE ADMINISTRATION OF PNP
POWERS OF LOCAL GOVERNMENT OFFICIALS OVER THE
PNP UNITS.
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Governors and Mayors are deputized as


representatives of the NAPOLCOM in their respective
territorial jurisdiction.
 Provincial Governor
- power to choose the PNP Provincial Director from a
list of 3 eligibles recommended by the PNP Regional
Director.
- oversee the implementation of the provincial public
safety plan.
 City and Municipal Mayors
- has the power to choose his CHIEF OF POLICE from a
list of five (5) eligibles recommended by the
provincial police director.
- -he has the authority to recommend to the provincial
director the transfer, reassignment or detail of PNP
members outside of their respective city or town
- Authority to recommend from a list of eligibles, the
appointment of new members of the PNP to be
assigned in respective cities.
- exercise operational supervision and control over PNP
units in their jurisdiction, except during the 30 days
period immediately preceding and the 30 days
following any national, local and barangay elections.
- During the election period, local police forces shall be
under the supervision and control of the COMELEC.
Operational Supervision and control
 means the power to direct, superintend, and
oversee the day to day functions of police
investigation of crime, crime prevention activities
and traffic control.
 shall also include the power to direct the
employment and deployment of units or elements
of the PNP, through the station commander, to
ensure public safety and effective maintenance of
peace and order within the locality.
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Employment -refers to utilization of units or elements of


the PNP for purposes of protection of lives and properties,
enforcement of laws, maintenance of peace and order,
prevention of crimes, arrest of criminal offenders and
bringing the offenders to justice and ensuring public
safety, particularly in the suppression of disorders, riots,
lawlessness, violence, rebellious and seditious conspiracy,
insurgency, subversion or other related activities.
Deployment - shall mean the orderly and organized
physical movement of elements or units of the PNP within
the province, city or municipality for purposes of
employment
SU