CRIMINAL LAW

BOOK I
Criminal law
• body of law
• relates to crime
• regulates social conduct
• proscribes whatever is threatening, harmful or
otherwise endangering to the property, health ,
safety and moral welfare of people.
• punishment of people who violates
• varies according to jurisdiction
• emphasis is more on dispute resolution and
victim compensation than on punishment
history
• 1st written codes: sumerian
• code of hammurabi
• solon and draco ancient greece
• roman law
- obligation of law or vinculum juris discharged by
payment of monetary compensation
- sanctions/consequences for failure to abide
Every crime is composed of
Criminal Elements
• capital punishment: in some jurisdiction for most
serious crimes
• physical/ corporate punishment: whipping/
incacerate in prison/jail depending on jurisdiction
• confinement in solitary
• length of incarceration vary from a day to life
• supervision including house arrest
• requirement to conform to particularized
guidelines as part of parole and probation
regimen.
• fines: money and property
Law by punishment;rationale

• retribution
• deterrence
• incapacitation
• rehabilitation
• restoration
 book one
1. fundamental principles
definition
scope of application/charac
consti limitations
2. felonies
a. classification
intentional felonies
culpable felonies
b. elements of criminal liability
c. impossible crime
d. stages of execution
formal crimes
material crimes
e. conspiracy and proposal
f. multiple offenders
- recidivism
-habituality
-quasi-recidivism
-habitual delinquency FRETS
book one
g. complex crime vs. special complex crime
plurality of crime
succesive execution
same individual
different criminal acts , no conviction
-real or material plurality- different crimes, punished each
-formal plurality- one liability
complex
compound - single act, two or more grave, one or more grave and one or more less
grave, two or more less grave , no limit as to the gravity of the resulting crime
complex proper - necessary means for the other, but not indispensible
special complex/composite
3. circumstances which affect criminal liability
4. persons criminally liable
5. penalties
6. modification and extinction of criminal liability
- prescription of crimes and penalties
criminal law
january 1,1932
. branch of public substantive law which
-defines crimes
-treats of their nature
-provides for their punishment

MALA IN SE. Universally wrong

MALA PROHIBITA. because it is prohibited
by law
 mala in se vs. mala prohibita
mala in se
basis moral state of the offender; hence,
good faith ir or lack of criminal intent is
a defense
modifying circumstances taken inot accountin imposing the
penalty on the offendere precisely
because his moral trait is the basis of
his crime. hence, greater perversity
deserves a higher penalty; whereas,
leser depravity deserves mitigation
degree of participation penalty is computed on the basis of
whether the malefactor is a principal
offender, or merely an accomplice or
accessory
stage of accomplishment the penalty imposed depends on
whether the crime is consummated,
frustrated or attempted.
moral turpitude generally involve moral turpitude
logically, so far its basis is the moral
state of the offendere
law violated generally, the RPC
mala prohibita
voluntariness; hence, good faith, or
lack of criminal intent is not a defense,
unles intent is an element of the crime
such as in Sec. 3(e) of RA 3019 anti
graft and corrupt practices
not considered because the law
intends to discouragethe commission
of the actspecially prohibited
the penalty on the offenders is the
same as they are all deemed
principals.
violation of law is punished only when
accomplished or consummated
because intent is inherent in attempted
or frustrated stage and intent is not
relevant incrimes mala prohibita.
not involve becasue the act would not
have ben wrong if not for the
prohibition of law
generally, SL
characteristics

1. general- law is binding to all persons who

reside in the Philippines
2. territorial- binding to all crimes committed
within the national territory of the
Philippines
3. prospective- must not have retroactive
effect
scope of application

• generality
• General rule: binding on all persons who
live or sojourn in the Philippine territory
• exceptions:
– treaty stipulations
– law of preferrential application
– warship rule
– principle of public international law
constitutional limitations on the power of congress to enact
penal laws in the Bill of Rights

• equal protection . no person shall be deprived of life,

liberty or property without due process of law, nor shall
any person be denied the equal protection of the laws
(sec. 1. Art III)
• due process. the law must observe both substantive
and procedural due proces (sec. 1. art. III). no person
shall be held to answer for a criminal offense without due
process of law (sec. 14(1). art III )
• bill of attainder. no ex post facto law or bill of attainder
hsall be enacted (sec. 22. Art III). a bill of attainder is a
legislative act which inflicts punishment without trial
• ex post facto law. no felony shall be punishable by any
penalty not prescribed by law prior to its commission (art.
21, PRC)
article 2.
exception to territorial application
1. commit offense on Phil. ship or airship
2. forge/counterfeit coin/currency note,
obligations/securities
3. introduction into (of number 2)
4. by public officers/employees in the exercised of function
5. crimes against national security and the law of nations

2 scopes of application:
1. intraterritorial- refers to the aplication of RPC within the
Philippine territory
2. extrateritorial -refers to the application of the RPC
outside the Philippine territory
article 3. felonies
• elements:
1. act or omission
2. punishable by the RPC
3.incurred by means of dolo or culpa
classifications:

*ARTICLE 3.according to manner of their commission

intentional felonies.
freedom
intelligence
intent
culpable felonies.
freedom
intelligence
negligence, imprudence, lack of foresight, lack of skill
impossible crimes
offense against persons or property
with evil intent
accomplishment is inherently impossible
felonies:
formal and material
• *ARTICLE 6. according to stages of execution
-consummated
-frustrated
-attempted
• *ARTICLE 9. according to their gravity
- light (those infractions of law for the commision of which
the penalty is arresto menor)
-less grave (those to which the law punishes with
penaltieswhich in their maximum period was correccional
-grave (those to which attaches the capital punishment or
penalties which in any of their periods are afflictive
multiple offenders
• recidivism
-on trial
-previously convicted by final judgment of another crime
-both first and second offenses are embraced in the same
title
-offender convicted of the new offense.
• habituality
-accused convicted for an offense
-previously served sentence for another offense equal or
greater penalty
-convicted of the new offense
• quasi-recidivism
-special aggravating circumstance
-after being convicted on trial judgment
-commit a felony before beginning to serve sentence while
serving the same
multiple offenders ...continued
•habitual delinquency
-conviction of any of:
serious oir less serious physical injuries
robbery
theft
estafa
falsification
-after conviction or after serving sentence, he again
commited and within 10 years from his last release of his
conviction was again convicted of any of the said crimes for
the second time
-after his conviction or after serving sentence for the
second offense he again committed and within 10 years
from his release or conviction , he was again convicted of
any of said offenses the 3rd time or offener.
Article 4. elements of criminal liability
•“el que est causa de la causa es causa del mal causado”
(he who is the cause of the cause is the cause of the evil
caused)
•elements:
•1. a felony is committed
•2. the wrong done must be the direct, natural and logical
consequence of felony committed even though different
from that intended :
1. aberratio ictus or mistake in the blow
2. error in personae or mistake in identity
3. praeter intentionem or where the consequence
exceeded the intention (mitigating. (3), art. 13)
IMPOSSIBLE CRIME. an act which would be an offense against person (title
VIII)or property (title X)where it not for the inherent imposiblity of its
acomplishment or on account of the employment of inadequate or ineffectual
article 5.
•Art 5. 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 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.
• When a person is charged in court, and the court finds that there
is no law applicable, the court will acquit the accused and the judge will
give his opinion that the said act should be punished.

•Paragraph 2 does not apply to crimes punishable by special law, including

profiteering, and illegal possession of firearms or drugs. There can be no
executive clemency for these crimes.
article 6-7. stages of execution

• desistance on the part of the offender

negates criminal liability in the attempted
stage. desistance is tru only on the
attempted stage
• in deciding whether a felony is attempted
or frustrated or consummated, there are 3
criteria involved:
1. manner of committing the crime
2. elements of the crime
3. nature of the crime itself.
complex crime vs special complex crime

• complex crime under article 48

• article 48. penalty for complex crimes.when a single act constitutes
two or more grave or les grave felonies, or when an offense is a
necessary means for committing the other, the peanlty for the most
serious crime shall be imposed, the same to be applied in its
maximum period.
• plurality of crimes- successive execution , by the same individual of
different criminal acts, upon any of which no conviction has yet
been declared
• real or material plurality- different crimes, punished for each and
every offense
• formal or ideal plurality- one criminal liability
– any of the complex crime under art 48
– special complex crime
– continuous crime
complex crime under article 48
• one crime in the eyes of the law as well as in the criminal
intent
• two kinds of complex crimes:
compound crime (delito compuesto)- single act aconstitute
2 or more grace or less grave
complex crime proper (delito complejo)- an offense is the
necessary means in committing the other.
- that at least two offenses are committed
-one or some of the offenses must be necessary to commit the other
- that both or all of the offenses must be punished under the same statute
NOT APPLICABLE :
-when the crimes subject of the casehave common elements
-when the crimes involved are subject to the rule of absorption of one crime by the other
-where the two offenses resulting from a single act are specifically punished as a single crime such as
less serious physical injuries with serious slander of deed, since this is punished under art. 265 as the
single crime of less serious physical injuries with ignonimy
-in special complex crime
no complex crime:

• in continuous crime
• one offense is committed to conceal the
other
• the other crime is an indispensable part or
an element of the other offenses
• one of the offenses is penalized by a
special law
• when the provision provides for a two-
tiered penalty
special complex crime

• rape with homicide

• kidnapping with homicide
• kidnapping with rape
• robbery with homicide
• robbery with rape
• robbery with arson
• arson with homicide
circumstances which affect criminal liability

• justifying circumstances
• exempting circumstances
• mitigating circumstances
• aggravating circumstances
• alternative circumstances
• PLUS 2 OTHERS
• Absolutory cause
• extenuating circumstances
justifying vs. exempting
• there is no criminal liability in both circumstances
• when the accused invokes them , he in effect
admits the commission of a crime but tries to
avoid the liability
• the circumstance affects the act, not the actor
• the fact complained of is cosidered to have been
done within the bounds of law; hence, it is
legitimate and lawful in the eyes of law
• since the act is considered lawful, there is no
crime; there is no criminal
• since there is no crime or criminal, there is no
criminal liability as well as civil liability
in exempting circumstance
• the circumstances affect the actor, not the act
• the act complained of is actually wrong, but the actor
acted without voluntariness. he is a mere tool or
instrument of the crime
• since the act complained of is actually wrongful, there is
a crime. but because the actor acted without
voluntariness, there is the absence of dolo or culpa.
there is no criminal
• since there is a crime committed but there is no criminal,
there is civil liability for the wrong done. but there is no
criminal liability, however, in parag 4 and 7 of article 12,
there is neither criminal nor civil liability
article 11. justifying circumstance

• the following do not incur any criminal

liability
1. anyone who acts in defense of his person
or rights provided the following
circumstances concur:
1. unlawful agression
2. reasonable necessity of the means
employed to prevent or repel it
3. lack of sufficient provocation on the
part of the person defending himself.
art. 11.

2. anyone who acts in defense of a person or rights of his

a. spouse
b. ascendants
c. descendants
d. legitimate, natural or adopted brothers or sisters
e. relatives by affinity in the same degrees and those
consanguinity within the fourth civil degree
provided that the first and second requisites prescribed in
the next precircumstance are present, and the further
requisite in case the provocation was given by the person
attacked, that the one making defense had no part therein.
art 11.

3. anyone who acts in defense of the person

or rights of a stranger, provided that the first
and second requisites mentioned in the first
cirumstance of this article are present and
that the person defending be not induced by
a. revenge
b. resentment
c. other evil motive
art 11.

4. any person, who in order to avoid an evil

or injury, does not act which causes damage
to another, provided that the following
requisites are present
a. that the evil sought to be avoided actually
exists
b. that the injury feared be greater than that
done to avoid it
c. that there be no other practical and less
harmful means of preventing it
art 11.

5. any person who acts in the fulfillment of a

duty or in the lawful exercise of a right or
office
6. any person who acts on obedience to an
order issued by a superior for some lawful
purpose
article 12. exempting circumstance
1. an imbecile or an insane person, unless the latter acted during lucid
interval
when an imbecile or an insane person has committed an act
which the law defines as a felony (delito), the court shall order his
confinement in one of the hospitals or asylums established for persons
thus afflicted, which he shall not be permitted to leave without first
obtaining the persmission of the same court.
2. a person under nine years of age
3. a person over nine years of age and under fifteen , unless he has
acted with discernment, in which case, such minor shall be proceeded
against in accordance with the provisions of article 80 of this code.
whend such minor is adjudged to be criminally irresponsible, the court
in conformably in the provisions of this and the preceding parag, shall
commit him to the care and custodu of his family who shall be charged
for his surveillance and education, otherwise, he shall be committed to
the care of some institution or person mentioned in article 80.
art 80. suspension of sentence of minor
delinquents
•below 16 years old on the time of the commission- grave
or less grave
•instead of pronouncing judgment for conviction, suspend
and commit to:
1. private/public benevolent/charitable institution
2. responsible person
subject to visitation and supervision by the Dir. of Public
welfare/ representative/agent/Suptd. of public school
commission for :
-care
-correction
-education
art. 12

4. any person who, while performing a lawful act

with due care, causes an in jury by mere accident
withdout 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
art 12.
•imbecile and insane. complete absence of intelligence
•imbecile- IQ of 7. deficiency is permanent, no lucid interval like insanity
•insane- limited to mental aberration or disease of the mind and must
completely impair the intelligence of the accused
•insanity tests:
- test of cognition- deprivation of intelligence
- test of volition-deprivation of the freedom of will
-minority. confinement in the reformatory upon order of the
court, not necessarily/outrightly PD 603, as amended by PD 1179
requires that before a youthful offender may be given the benefit if a
suspension of sentence, there must be an application filed with the
court which should pronounce sentence
- commitment to reformatory is the consequence of the suspension of
the sentence. if it is not suspended, the commitment is in the
penitentiary.
art 12
conditions for suspension of sentence:
1. the crime committed should not be punishable by
reclusion perpetua
2. the offender should not have been given the benefit of a
suspended sentence before
3. he must be below 18 years old
--9 years or below- exempt from criminal, not civil liability
--over 9, below 15- with discernment , court grant
suspended sentence
--15 and above, below 18 - no exemption but be given the
benefit of suspended sentence
--18 on the time of promulgation- cannot avail of
suspended sentence, but reduction of penalty at least two
degrees
art 12.

• damnum absque injuria

• parag 4, art 12 : article 275. crime of
abandoning the victim of ones own
accident.
• article 365. criminal negligence (hit and
run)
article 13. mitigating circumstance
1. those mentioned in the preceding chapter, when all the requisites necessary to justify
or to exempt from criminal liability in the respective cases are not attendant.
2. that the offender is under 18 or over 70. if minor= article 80
3. that the offender had no intention to commit so grave a wrong as that committed
4. that sufficient provocation or threaton the part of the offended party immdiately
proceded the act
5. that the act is committed in the immediate vindication of a grave offense to the one
committing the felony (delito), his spouse, ascendants or relatives by affinity within the
same degrees
6. that of having acted upon and impulse so powerful so naturally to have produced
passion or obfuscation
7. that the offender had voluntarily surrendered himself to a person in authority or his
agents, or that he had voluntarily confessed his guilt before the court prior to the
presentation of the evidence for the prosuction
8.that the offender is deaf and dumb, blind or otherwise suffering from physical defect
which thus restricts his means of action, defense or communications with his fellow
beings
9. such illness of the offender as would diminish the exercise of the will power of the
offender without however depriving him of the consciousness of his acts
10. any other circumstance of a similar nature and analogous to those above mentioned
ordinary mitigating vs. privilege mitigating
• ordinary mitigating can be ofset by aggravating
circumstances while privilege mitigating can
never be offset by aggravating
• as to effect: ordinary mitigating if not offset will
operate to reduce the penalty to the minimum
period provided the penalty is a divisible one
while privilege mitigating oeprate to reduce the
penalty by one or two degrees depending upon
what the law provides
• article 13 are generally ordinary mitigating,
except parag 1=privilege- apply art 69. penalty
to be imposed when the crime committed is not
wholly excusable.
penalties
principal
-capital punishment: death
-afflictive penalties: reclusion perpetua ,reclusion temporal, perpetual or
temporary absolute disqualification, perpetual or absolute special
disqualification, prision mayor
-correctional penalties: prision correccional, arresto mayor, suspension,
destierro
-light penalties:arresto menor, public censure
fine and bond to keep the peace
*accessory penalty
-perpetual or temporary absolute disqualification
-perpetual or temporary special disqualification
-suspension from public office, the right to vote and be voted for
-civil interdiction
-indemnification
forfeiture or confiscation of instruments and proceeds of the offense
-payment of costs
*fines
- afflictive penalty-greater than 6k
-correctional -200, less than 6k
-light penalties-200
duration and effect. art. 27. RPC

• reclusion perpetua. 20, 1- 40

• reclusion tempora. 12, 1 - 20
• prision mayor/
• temporary disqualification. 6, 1 -12
• prision correcional/
• suspension/destierro. 6mo, 1 -6
• arresto mayor.1mo,1 - 6mo
• arresto menor.1 - 30
• bond to keep the peace
article 28. computation of penalties
• offender is in prison. the term of the duration of
temporary penalties shall be computed from the
day on which the judgement of conviction shall
have become final
• offender is not in prison. the term of the duration
of penalty consisting of deprivation of liberty
shall be computed from the day that the offender
is placed at the disposal of the judicial
authorities for the enforcement of the penalty
• other penalties. shall be computed only from the
day on which the defendant commences to
serve his sentence.
article 29. period of preventive imprisonment
deducted from term of imprisonment
•credited 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
in these cases: 1. when recidivists, or have been convicted
previously twice of more times of a crime and 2. when upon
being summonedfor the execution of sentence they have
failed to surrender voluntarily.
•if the detention prisoner does not agree to abide by the
same disciplinary rules imposed upon convicted prisoners,
he shall be credited in the service of his sentence with 4/5
of the time during which he has undergone preventive
imprisonment.
article 29.
• (as amended by RA No. 6127)
• whenever an accused has undergone preventive
imprisonment equal to or more than the possible
maximum imprisonment of the offense charged
to which he may be sentenced and his case is
not yet terminated, he shall be released
immediately wihtout prejudice to the continuation
of the trial thereof or the proceeding on appeal, if
the same is under review. in case the maximum
penalty to which the accused may be sentenced
is destierro, he shall be released after 30 days of
preventive imprisonment
the effect of penalties as provided by the RPC.

• article 30. on perpetual or temporary absolute

disqualification, shall produce the following
effects:
1. the deprivation of the public offices and
amnployments which the offended may have held
2. the deprivation of the right to vote in any
election for any particular office or be eleced for
such office
3. the deprivation of the offices or public
employments and the exercise of any of the rights
mentioned
article 31. effect of penalties of perpetual or temporary
special disqualfication

1. the deprivation of the office, employment,

profession or calling affected
2. the disqualification for holding similar
offices ot employments either perpetually or
during the term of the sentence,accdg to the
extent of such disqualification
article 32. effects of perpetual ot temporary special
disqualification for the exercise of the right of suffrage

•shall deprive the offender perpetually or

during the term of the sentence
•according to the nature of said penalty , of
the right to vote in any popular election for
any public office to be elected to such office.
•moreover, the offender shall not be
permitted to hold any public office during the
period of his disqualification
article 33. effect of suspension from any public
office

• the suspension from public office,

profession or calling, or the right of
suffrage shall dsiqualify the offender from
holding such officeor exercising such
profession or calling or right of suffrage
during the term of the sentence.
indeterminate sentence law
punished by RPC
-maximum. minimum within the range next lower
punished by SL
-not exceed maximum, not less than minimum
NOT APPLY:
-death penalty or life
-treason, conspiracy or proposal to commit treason
-misprision of treason, rebellion, sedition or espionage
-piracy
-habitual delinquents
-escaped from confinements or evaded sentence
-on parole, violated the terms
-max term not exceeding one year
-non divisible or destierro
special laws
• decree codifying the laws on illegal/unlawful
possession, manufacture, dealing in, acquisition
or disposition of firearms, ammunition or
explosives. PD 1866 , as amended by RA 8294
-homicide/murder with the use of unlicensed
firearm
-under RPC with the use of explosives, detonation
agents or incendiary devices which resuf lts in
the death of any person
RA 9165
qualifying aggravating
• positive finding of the use of dangerous drugs and the
application of the penalty under the RPC shall apply
immunity from prosecution and punishment
-person who violated 7,11,14,15,19 who voluntarily gives
information about any violation of 4,5,6,8,10,13,16 (or if
drug syndicate) and who willingly testifies against
persons involved
1.information and testimony are necessary for the
conviction
2. not yet in the possession of the state
3.corroborated with material points
4. person not previously convicted of a crime
5. strictly and faithfully complied withour delay
conspiracy and proposal Art. 8
• conspiracy -elements
1. that two or more persons come to an agreement
2. that the agreement pertains to the commission of a
felony
3. that the execution of a felony was decided upon
*proposal -elements
1. that a person has decided to commit a felony
2. the he proposes such execution to some other person/s
general rule: mere 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 therefor like:
under RPC

• treason
• rebellion
• insurrection
• coup d' etat
• sedition
• monopolies and combinations in restraint
of trade
under a special law

• espionage
• highway roberry
• illegal association
• selected acts committed under RA 9165
• arson
• terrorism
multiple offenders

• recidivism
1. that the offender is on trial for an offense
2. that he was previously convicted by final
judgment of another crime
3. that both the first and the second offenses
are embraced in the same title of the RPC
book II
4. that the offender is convicted of the new
offense.
multiple offenders

• habituality (reiteracion)
1. that the accused is on trial for an offense
2. that he previously served sentence with
another offense to which the law attaches
equal or greater penalty
3.that he is convicted of the new offense
multiple offenders

• quasi- recidivism
- a special agravating circumstance where a
person after having convicted on final
judgment, shall commit a new felony before
beginning to serve his sentence or while
serving the same.
multiple offenders
• habitual delinquency
1. that the offender had been convicted of any of the crimes of
a. serious or less serious physical injuries
b. robbery
c. theft
d. estafa
e. falsification
2. that after conviction or after serving sentence he committed again
and within 10 years from his release, he was again convicted of any of
the said crimes for the second time.
3. that after conviction or serving sentence for the second offense, he
again committed and within 10 years from his release , he was again
convicted for the third time or oftener.
book II.title 1

1.crimes agianst national security (114-123)

114. treason- a breach of allegiance to the government ,
committed by a person who owes allegiance to it.
115. conspiracy to commit treason- commited when in time of
war, 2 or more persons come into an agreement to levy war
against the government or to adhere to the enemies and to
give them aid or comfort and decide to commit it
proposal to commit to commit treason - commited when in
time of war aperson has decidedd to levy war against tje
government to adhere to the enemies and to give them aid
or comfort, proposes its execution to some other person or
persons
-2 witness rule is not applied
- absorbed if treason is actually committed
116. misprision of treason- citizen of the Philippines
has knowledge of any conspiracy against the government
leads to commit treason
crimes against national security
117. espionage- the offense of gathering, transmitting or losing information
respecting the national defense with intent or reason to believe that the
information to be used to the injury of the republic of the Philippines or the
advantage of a foreign nation.
118. inciting to war or giving motives for reprisals
119. violation of neutrality
120. correspondence with hostile country
121. flight to enemy's country
122. piracy in general and mutiny on the high seas
attacking or seizing a vessel on the high seas or the philippine waters
by seizing in the vessel while on the high seas or the philippine waters, the
whole or part of its cargo , its equipment or personal belongings of its
complement or passengers
123. qualified piracy. (a special complex crime)
sieze by boarding on or firing upon
abondonment without means of saving themselves
accompanied by murder, homicide, physical injuries or rape
special laws

--anti piracy and anti highway robbery

(PD532)
- anti piracy
-highway robbery
aiding pirates or highway robbers/brigands
or abetting piracy or highway
robbery/brigandage
--anti hijacking law RA 6235
--human security act of 2007 RA 9372
Title two.crimes against fundamental
laws of the state (124-133)
124. arbitrary detention
125. delay in the delivery fo detained persons to the proper judicial
auhtorities
--SL: human security act of 2007 (RA 9372)
anti torture act (RA 9745)
126. delaying release
127. expulsion
128. violation of domicile
129. search warants maliciously obtained and abuse in the service of
those legally obtained
130. searching domicile without witneses
131. prohibition, interrruption and dissolution of peaceful meetings
132. interruption of religious worship
133. offending religious feelings
Title 3. crimes against public order
(134-159)
134. rebellion/insurrection
134-A. coup d'etat
--SL: PD 1866, as amended by 8294- an element of the crimes of
rebellion, insurrection, sedition or attempted coup d' etat
135.penalty foir rebellion, insurrection or coup d'etat
136. conspiracy and proposal to commit rebellion, insurrection or coup
d'etat
137. disloyalty of public officers/employees
138. inciting to rebellion /insurrection
139. sedition
140. penalty for sedition
141. conspiracy to commit sedition
142. inciting to sedition
Title three.

143. Acts tending to prevent the meeeting of

the assembly and similar bodies
144. Disturbance of proceedings
145. violation of parliamentary immunity
Title three. chapter 3.
146. illegal assemblies
147. illegal associations
Title three. chapter four.
148.direct assault
149. indirect assault
150. disobedience to summons issued by the
national assembly, its committees or
subcomittees by the constitutional commision, its
committees, subcommittees and divisions
151.resistance and disobedience to a person in
authority or the agents of such persons
152. persons in authority and agents of persons in
authority
Title three. chapter five. Tumults and
other disturbances of public order
153. tumults and other disturbances of
public order
154. unlawful use of means of publication
and lawful utterances
155. alarms and scandals
156. delivering prisoners from jail
Title three.chapter six

157. evasion of service of sentence

158. evasion of sentence on the occassion
of disorders, conflagrations, earthquakes
or other calamities
159. other cases of evasion of sentence
(conditional pardon)
Title three. chapter seven

160. commission of another crime during the

service of penalty imposed for another
previous offense (quasi-recidivism)
--SL: human security Act of 2007 (RA 9372)
on terrorism
Title four.chapter one. crimes
against public interest (161-187)
chapter two. usurpation
chapter three. machination in public auction
--SL: anti alias law CA 142
Title five. art. 188 ,189 have been repealed
by the Intellectual Property Code
Title six. chapter two. crimes
against public morals (200-202)
200. grave scandal
201. immoral doctrines, obscene
publications and exhibitions and indecent
shows
202. vagrants and prositutes
Title seven. chapter one. crimes
committed by public officers (203-245)
chapter two.sec one.dereliction of duty
.sec.two.bribery
SL:anti graft and corrupt practices act (RA 3019as
amended)
RA 7080 anti plunder act
RA 9372
chapter three.fraud against the treasury and similar
offenses
chapter four. malversation of public funds or property. (217-
222)
chapter five. disobedience, refusal of assistance and
maltreatment of prisoners (223-230)
chapter six. until 245
Title eight.chapter one. crimes
against persons (246-266)
SL: anti violence against women and their
children act (RA 9262)
anti child pornography (RA 9775)
anti hazing law (RA 8049)
special protection of children agaisnt child
abuse, exploitation and discrimination
(RA7610)
human security act of 2007 (RA 9372)
chapter 1. crimes against persons
(246-266)
246.parricide
247.death or physical injuroes inflicted under exceptional circumstances
248.murder
249.homicide
250.penalty for frustrated parricide, murder or homicide
251. death by tumultuous affray
252. physical injuries inflicted in a tumultuous affray
253. giving assistance to suicide
254. discharge of firearms
255. infanticide
256intentional abortion, willful killing of the fetus in the uterus or the violent
expulsion of the fetus from the material womb which results in the death of
the fetus.
257. unintentional abortion
258 abortion practiced by the woman herself or her parents
259 abortion practiced by a physicial or midwife in dispensig of abortives
260. responsibility of participants in a duel
261. challenging to a duel
chapter two

262. mutilation
263. serious physical injuries
264. administering injurious substance or beverages
265. less serious physical injuries
266. slight physical injuries and maltreatment
SL: RA 9262
9775
Anti hazing law (RA 8049)
special portectionof children against child abuse ,
exploitation and discrimination act (RA7610}
chapter 3

266-A. anti rape law (RA 8353)

266-B. qualified rape
266-C. effect of pardon
Title nine. chapter one. crimes against
personal liberty and security(267-292)
SL: anti-wire tapping act (RA 4200)
RA 9372
examination of bank deposits and
documents
anti trafficking ibpersons act of 2003
(RA9208)
chapter two.abandonment and
exploitation of minors
• section two. tresspassing to dwelling
• section three. threats and coercion
CRIMINAL PROCEDURE
• RULE 110. prosecution of offenses
• RULE 111. Prosecution of civil action
• RULE 112. Preliminary investigation
• RULE 113. Arrest
• RULE 114. Bail
• RULE 115. Rights of the 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
CRIMINAL PROCEDURE

• RULE 122. Appeal

• RULE 123. Procedure in the MTC
• RULE 124. Procedure in the CA
• RULE 125. Procedure in the SC
• RULE 126. Search and seizure
• RULE 127. Provisional remedies in
criminal cases
 complaint vs. information
Complaint Information
A sworn statement Need not be sworn to
Subscribed by the Subscribed to by the fiscal
offended party,
any peace officer or
other officer charged
with the enforcement
of the law violated
May be filed either with Filed with the court
the court or in the fiscal’s
office generally to
commence the preliminary
investigation of the charges made
general matters
jurisdiction over the subject jurisdiction over the person of
mater the accused
- may be acquired by
-derived from the law.it consent of the accused or
can never be acquired by waiver of the of the
solely by consent of the objection
accused -failure to make objections
-objection that the court in time, will be deemed a
has no jurisdiction may be waiver
made at any stage of the
proceeding
-the right to make such
objection is never waived
criminal jurisdiction
• over the subject matter. the offense by virtue of the
imposable penalty or its nature, is one which the court is
by law authorized to take cognizance of.
• over the territory. the offense must have been
committed or any of it essential ingredients took place
within the territorial jurisdiction of the court. it cannot be
waived and where the paace of tje commissiom was not
specifically charged the dplace may be shown by
evidence
• over the person of the accused. the person charged
with the offense must have been brought to its
presencefor trial, forcibly by warrant of arrest or

• upon his voluntary submission to the court.

when injuction issued to restrain criminal
prosecution
•GR: criminal prosecutions may not be restrained or stayed
by injunction because public interest requires that criminal
acts be immediately investigated and prosecuted for the
protection of the society

•except:
- to afford adequate protection of the constitutional rights of
the accused
-when necessary of the orderly administration of justice or
to avoid oppression or multiplicity of actions
-when there is prejudicial question which is subjudice
-when the acts of the officer is without or in excess of
authority
-when the prosecution is under an invalid law, ordinance or
regulation
injunction continued...
-when double jeopardy is clearly apparent
-when the court had no jurisdiction over the
offense
-when it is a case of persecution
-when the charge is manifestly false and
motivated by the lust for vengeance
-when there is clearly no prima facie case
against the accused and a motion a
motion to quash on that ground has been
denied
-prevent the threatened unlawful arrest
criminal actions

• how?
• where PI is required- by filing the
complaint with the proper officer
• in all other offenses-by filing the complaint
or information directly with the MTC or
MCTC or wiht the office of the prosecutor.
in Manila and other chartered cities- be
filed at the office of the prosecutor, unless
provided in the charter as otherwise
crimes:cannot be prosecuted de officio

•concubinage and adultery

•seduction, abduction and acts of
lasciviousness
the victim
parent
parens patriae
•defamation
control of prosecution

• all criminal actions

• except
• heavy work schedules
• authorized in writing by the chief of the PO
or RSP
• private prosecutor authority approved by
court
• continue until end unless revoked or
withdrawn
• as approved by the court
who may file

• offended party
• any peace officer
• other public officer charged with the
enforcement of the law violated
designation of offense and cause of
action
• given by statute
• statement of facts and omission must be in
ordinary, concise and particular words
• specific qualifying and aggravating
circumstances
sufficiency of the complaint or
information
• name and surname of the accused or any
appellation or nickname by which he is
known or has been known
• designation of the offense
• acts or omissions complained of as
constituting an offense
• name of the offended party
• approximate date of the commission of the
offense
• place where the offense is committed
duplicity of the offenses
• GR:a complaint or information must charge only
one offense, otherwise it is deffective
• except:
-complex crimes
-special complex crimes
-continuing crimes
-crimes susceptible of being committed in various
modes
-where a single act violates two or more distinct
statutes
amendment
=before plea. may be done without leave of court. however,
when the amendment downgrades the nature of the
offense or excludes any accused it shall requires
-motion by the prosecutor
-notice to the offended party
-leave of court
=after plea. only formal amendment and with leave of court
and amendment must not be prejudicial to the accused
except:when a fact supervenes which changes the nature
of the crime charge, or upgrades it to a higher crime
substitution

• if it appears at any time 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, provided the accused shall not be
placed in double jeopardy
venue
• criminal actions must be instituted and tried in the courts
of the municipality or territory where the offense wAS
committed or any its essential ingredients occured
• except:
-art 2
-on a railroad train, in an aircraft or in any other public or
private vehicle in the course of its trip
-on board a vessel in the course of its voyage
-piracy
-libel
-BP 22
intervention of the offended party
• GR: the offended party has the right to intervene by
counsel in the prosecution of the criminal action, where
the civil action for recovery of civil liability is instituted in
the action pursuant to rule 111
• except: where from the nature of the crime and the law
defining or punishing it , no civil liability arise in favor of
the offended
• where the offended party has waived his right to civil
indemnity
• where the offended party has expressly reserved the
right to institute a separate civil action
• where the offended party has already instituted civil
action
prosecution of civil action
• rule 111, sec.1
• rule on implied institution of civil action with
criminal action
• as a general rule, the civil action for the
recovery of civil liability against the offender is
deemed instituted together with the criminal
action
• except
1. when the offended party waives the civil action
2. when the offended party reserves his right to institute a
separate civil action
3. when the offended party has already previously instituted
the civil action prior to the criminal action.
when civil action proceed independently of the
criminal action

• an independent civil action comprising of

art 32,33,34 and 2176 of the civil code,
may provide independently of the criminal
action and shall require only a
preponderance of evidence. in no case
shall the offended party recover damages
twice for the same act or omission
when separate civil action is suspended

• after criminal action, cannot be instituted until final

judgment in the criminal action
• if civil action has been instituted first, it is suspended
until final judgment of the criminal action is rendered.
party has option of consolidation of civil and criminal
• exceptions to the bar on the institution or suspension of
separate civil action
1. in case of independent civil action
2. prejudicial question
3. civil is consolidated with criminal
4. civil action is not one intended to enforce the civil liability
arising from the crime
effect of death of accused

• before arraignment- dismissed without

prejudice to any civil action against the
estate of the accused
• after narraignment, during pendency of
criminal action- civil liability out of delict is
extinguished
except
1. when civil liability is predicated on other sources of obligation or is an
independent civil action may be continued against the estate after
proper substitution is made, either as to relatives or estate
2. if the civil action has been reserved or subsequently filed or such
civil action has been instituted when the accused died, such civil action
will proceed and substitution shall be ordered by the court
prejudicial question
• rule 112, sec 7
• one which arises 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.
• elements:
1. the civil action must be instituted prior to the
criminal action
2. the civil action involves an issue similar or
intimately related to the issue in the subsequent
3. the resolution of such issue deteremines
whether the criminal action may proceed
deemed instituted
• no filing fees are required for amounts of actual
damages , except with respect to criminal actions for
violation of BP 22, in which case , the offended party
shall pay in full the filing fees based on the face
value of the check as the actual damages
• if damages, if the actual are specified in the
complaint or information, the coresponding filing
fees shall be paid
• where damages are not specified(left to the sound
discretion of the court), the corresponding filing fees
need not be paid and shall simply constitute a first
lien on the judgment awarding such damages.
preliminary investigation

• rule 112
• an inquiry or proceeding to determine
whether there is sufficient ground to
engender a well founded belief that a
crime has been committed and that the
respondent has been guilty thereof and
should be held for trial
nature of the right

• the right to PI is statutory . it is susceptible

to the waiver of the accused and may only
be invoked when so estab lished and
granted by law
purpose of PI

1. to determine whether a crime has been

committed and whether is probable cause to
believe that the accused is guilty thereof
2. to preserve the evidence and keep the
witnesses within the control of the state
3. to dertermine the amount of bail when it is
bailable
who determines probable cause

1. provincial and city fiscals and the

assistants
2. national and regional state prosecutor
3. such other officers as maybe authorized
by law such as COMELEC, Ombudsman
resolution of the investigating prosecutor
• there is cause for trial, shall prepare the resolution
and information where certified under oath:
• personally examined the complainant and
witnesses
• there is reasonable ground to believe that a crime
has been committed and the accused has been
guilty
• accused was given opportunity to submit
controverting evidence
• otherwise, recommendation for dismissal
• no complaint or information may be filed or
dismissed without prior written authority or
approval of P/C prosecutor or Om/deputy
resolution of the investigating prosecutor
• there is cause for trial, shall prepare the resolution
and information where certified under oath:
• personally examined the complainant and
witnesses
• there is reasonable ground to believe that a crime
has been committed and the accused has been
guilty
• accused was given opportunity to submit
controverting evidence
• otherwise, recommendation for dismissal
• no complaint or information may be filed or
dismissed without prior written authority or
approval of P/C prosecutor or Om/deputy
review of resolution
• appeal by filing a verified petition for review with the
sec. of justice, furnishing copies to the adverse party
and prosecution office issuing the appealed
resolution
• appeal shall be taken within 15 days from receipt of
the resolution, or denial of the motion for
reconsideration/reinvestigation if one has been filed
within 15days from receipt of the assailed resolution.
only one motion for recon shall be allowd
• unless secretary directs otherwise, the appeal shall
not stay the filing of coresponding information in
court on the basis of the finding of probable cause in
the appealed resolution
when warant of arrest may issue

• if the judge, after examining the resolution

of the prosecutor and its supporting
evidence 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. in case of
doubt on the existence of probable cause,
the judge may order the prosecutor to
present additional evidence
no PI

• imposable penalty does not exceed 4

years, 2 months and 1 day (prision
coreccional in max period)
• accused undergone inquest proceeding.
• - informal and summary investigation conducted
by a public prosecutor in criminal cases
involving persons arrested and detained without
the benefit of a warrant of arrest issued by the
court for the purpose of determining whether or
not such persons remain under custody and
correspondingly be charged in court. article 125,
RPC
remedies of accused when no PI

• refuse to enter a plea upon arraignment

and object further proceedings
• insist PI
• raise lack of PI as an error on appeal
• file petition for certiorari
• file petition for prohibition
arrest

• rule 113
• how made
• actual restraint of a person to be arrested
• submission of the accused to the custody
of the person making the arrest
arrest without warrant valid

• in flagrante
• in fact just been committed and probable
cause to believe based on his personal
knowledge of facts and circumstances that
the person to be arrested has committed the
crime
• prisoner who has escaped
• persons escapes or is rescued
• bondsman arrests a prisoner out on bail
• accused attempts to leave the country
without permission from the court
method of arrest

• by an officer without a warrant- inform of

his authority and the cause of arrest
• with a warrant- inform of the cause of the
arrest and the fact that a warrant has been
issued. need not have the warrant in
possession at the time of the arrest , if the
person arrested requires, the warrant shall
be shown to him as soon as practicable
• by private person- inform of the intention
and cause of the arrest
probable cause: fiscal vs. judge
• fiscal's made during the probable cause and is
for the purpose of determining whether a
criminal action should be brought against the
respondent under a belief that a crime has been
committed and that the latter is the one who
committed it
• judge's made to determine whether a search
warrant or warrant of arrest should be issued on
the finding that a crime has been committed and
that the evidence corresponding thereto in in the
place to be searched or that the accused should
be put in custody for being the likely perpetrator
of the crime.
bail

• rule 114
• the right to bail is a constitutional right
• before conviction, every person is entitled
to post bail, except if charged with an
offense punishable by reclusion perpetua
or higher and the evidence of guilt is
strong
bail . a matter of right

• all persons in custody shall be admditted

to bail as a matter of right with sufficient
sureties, or released in recognizance
• before of after conviction by the MTC
• before conviction by the RTC, except
when the imposable penalty is RP, life or
death and the evidence of guilt is strong
bail. a matter of discretion

• before conviction in case of offenses

punishable by RP, life or death
• after conviction by the RTC on non-capital
offenses
• hearing on capital offenses:
• summary hearing . both parties must be
given opportunities to be heard. otherwise,
would amount to a deprivation of a
fundamental right of the accused
fixing the amount of bail
• primary factors but not limited to the ff
• - financial ability
• -nature and circumstances of the offense
• -penalty of the offense
• -character and reputation
• -age and health
• -weight of evidence
• -probability of the accused on trial
• -forfeiture of other bail
• -a fugitive from justice
• -pendency of other cases
bail not required

• in violation of ordinance, light felony or an

offense where penalty does not exceed
6mo imprisonment and /or fine of 2k under
6036
• applied for probation but not bail was filed
or is incapable of filing one
• youthful offender
• in custody of a period equal to more than
the max imprisonment destierro- should be
released after 30day preventive
imprisonment
forfeiture of bail

• 30days from the accused failed to appear

in person as required by the court,
bondsman must
• produce the body of the principal or give
reason for non production
• explain why the accused did not appear
cancellation

•application of bondsman with due notice to

the prosecutor upon surrender of the
accused or proof of death
•acquittal of the accused
•dismissal of the case
•execution of judgment of conviction
bail application not a bar to illegal
arrest
• challenging validity of the arrest
• legality of the warrant
• assailing or questioning the absence of PI

• objection made before plea otherwise

deemed waived
hold departure order

• RTC or DOJ
watchlist order

• sec of justice
right of the accused
• presumed innocent until proven guilty beyond
reasonable doubt
• informed of the nature and cause of the accusation
• to be present and defend in person and by counsel, at
every stage of proceedings
• to testify as a witness in his own behalf and subject to
cross after direct exam.
• excemption to being a witness against himself
• to meet face to face and cross exam witnesses against
him
• attendance of witnesses and evidences
• speedy. impartial and public trial
• to appeal
rights under custodial investigation
arraignment and plea

• how made
searching inquiry
suspension of arraignment
improvident plea
motion to quash
double jeopardy
pre trial
trial
judgment
new trial or reconsideration
appeal
search and seizure
remedies: unlawful search and seizure
EVIDENCE

• means sanctioned by the Rules of Court,

the ascertaining in a judicial proceeding,
the truth respecting a matter of fact.
• the rule of evidence must be the same in
all courts and in all trials and hearings
except as otherwise provided by law or by
these rules.
"principle of uniformity"
evidence in civil cases vs. evidence in criminal cases

civil case criminal case

the claimant must show a preponderance the prosecution must prove guilt beyond
of evidence reasonable doubt

except those involving quasi-offenses ot

an offer of compromise is not an those allowed by law to compromise, the
admission offer of compromise bay be received in
evidence as an implied admission of guilt

generally, there exist no presumption in

the accused enjoys the presumption of his
favor of either party, except in cases
innocence
specifically provided for by law
proof vs. evidence

proof evidence

the probative effect of evidence abd

is the conviction or persuation of the
mind resulting from the consideration
of the evidence it is the medium or means by which a
fact is proved or disproved

there is proof only because of

evidence
factum probans vs. factum probandum

factum probans factum probandum

intermediate facts ultimate facts

material evidencing the

proposition to be established
proposition

existent hypothetical
admissibility of evidence

• CONCURING elements:
1. the evidence must be relevant. must have
relation to the fact in issue as to induce belief of the
existence of non-existence

2. the evidence must be competent. must

neither be excluded by law or by the rules
collateral matters
• it refers to matters other than the facts in issue
• matters outside the controversy or are not
directly connected with the issue in dispute
• evidence in collateral matters is generally not
allowed due to the absence of its relevance
• EXCEPT: when the collateral matters tends in
any reasonable degree to establish the
probability or improbabilty of the fact in issue
• MULTIPLE ADMISSIBILITY. where the
evidence is relevant and competent for two or
more purposes, such evidence should be
admitted for any or all purposesfor which it is
offered provided it satisfies all the requirements
of law.
• CONDITIONAL ADMISSIBLITY. where the
evidence at the time of its offer appears to be
immaterial or irrelevant.
• CURATIVE ADMISSIBILITY. where proper
evidence was admitted over the objection of the
opposing party, he should be permited to
contrdict it with similar improper evidence.
otherwise it would result in disparity of rulings to
his prejudice.
direct and circumstantial evidence
• direct evidence. one which proves the
fact in dispute without the aid of any
inference or presumption.
• circumstancial evidence. 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 probable consequence.
positive and negative evidence

• positive evidence. when a witnes affirms

i the stand that a certain state of facts
does exist or that a certain event
happened.
• negative evidence. when the witness
states that the event did not occur or that
the state of facts alleged to exist does not
actually exist.
competent and credible evidence
• competent evidence. evidence
which is not excluded by law
• credible evidence. evidence which is
not only admissible but also
believable and used by the court in
deciding a case.
burden of proof and burden of evidence
burden of proof
does not shift and remains throughout
the entire case exactly where the
pleadings originally placed it
generally determined by the pleading
filed by the party
burden of evidence
shifts from party to party depending upon
the exigencies of the case in the course of
the trial
generally determined by the
developments of the trial, or by the
provisions of the substantive law or
procedural rules whic may relieve the
party from presenting evidence on the
facts alleged
conclusive presumption
• when the presumption becomes irrebutable
upon the presentation of the evidence and any
evidence tending to rebut the presumption under
the Rules of court.
– estoppel in pais. whenever a party has by his own
declaration , act or omission, intentionally and
deliberately led another to believe aparticular thing to
be true and to act upon such belief, he cannot, in any
litigation arising out of such declaration, act or
omission, permitted to falsify it.
– estoppel by deed. the tenant is not permitted to deny
the title of his landlord at the time of the
commencement of the relation of landlord and tenant
betweem them.
disputable presumption

• this presumption is satisfactory if

uncontradicted, but may be
contradicted or overcome by other
evidence. (sec 3, rule 131)
liberal construction of the rules of
evidence
• procedural rules are mere tools intended
to facilitate rather than to frustrate the
attainment of justice
quantum of evidence
• PROOF BEYOND REASONABLE DOUBT. for
criminal prosecution. does not mean such
degree of proof as to include the possibility or
error or absolute certainty. only moral certainty
is required or that degree of proof which
produces conviction in an unprejudiced mind
• PREPONDERANCE OF EVIDENCE. on civil
procedure. the greater or superior the weight of
evidence. the evidence that is more convincing
and credible than the one offered
quantum continued...
• SUBSTANTIAL EVIDENCE.administrative
case. filed by administrative and quasi
bodies. that amount of relevant evidence
which a reasonable mind might accept as
adequate to support conclusion.
• CLEAR AND CONVINCINg EVIDENCE.it
precludes in the mind of the trier of fact frim
belief or conviction as to allegations sought to
be established. it is intermediate as being
more than preponderance but not the extent
of such certainty as required beyond
reasonable doubt in criminal cases.
judicial notice
• cognizance of certain facts which judges may
properly take and act without need of proof.
based on considerations of expediency and
convenience and displaces the necessity of
evidence on a settled matter to save time, labor
and expensein introducing such evidence.
1. immaterial allegations
2. facts admitted or not denied , provided they
have been sufficiently alleged .rule8, sec 1
3. agreed and admitted facts. rule 129, sec 4
4. facts subject to judicial notice. rule 129, sec 1-3
5. facts legally presumed. rule 131
matters of judicial notice
• when judicial notice is mandatory
• - the existence and terrritorial extent of the state
• - political history, forms of govt and symbols of
nationality
• - law of nations
• - admiralty and maritime courts and their seals
• - politcal co nstitution and history of the philippines
• - official acts of the legislative, administrative and
judicial departments
• - laws of nature
• - measure of time
• -geographical divisions
when judicial notice is discretionary

•- matters which are public knowledge

•- matters capable of unquestionable
demonstration
•- matters ought to be known to judges
because of their judicial functions
•however, FOREIGN LAWS must be
alleged and proved
•in the absence of proof, it must be
presumed to be the same as the Phil laws
“PROCESSUAL PRESUMPTION”
Judicial notice continued...

• on the LAW OF NATIONS

• adopt, GENERALLY ACCEPTED
PRINCIPLES OF INTERNATIONAL LAWS
AS FORMING PART OF THE LAW OF
THE LAND
• technically in the nature of LOCAL LAWS
judicail notice continued

• on municipal ordinances
• 1. municipal courts take cognizance of the
ordinances of the municipality where they
sit
• 2. RTC within their jurisdiction only so
required, or on appeal from MTC
• 3. CA, nothing in the rule prohibits it.
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 a
palpable mistake or that no such
admission was made.
effect of judicial admission

• matter admitted need not be proved

• matter admitted need not vbe contradicted
because they are conclusive upon the
party making it
• how contradicted?
• showing that it ws made upon palpable
mistake
• if no such admission was made
object/real evidence

• address to the senses of the court and is

not limited to the view of an object but also
to
• visual
• auditory
• tactile (touch)
• gustatory (taste)
• olfactory perception (smell)
object/real evidence continued

• requisites for admissibility

• -relevant to the fact in issue
• -authenticated before it is admitted
• -authentication made by competent
witness
• -formally offered in evidence
• -any additional requirement set by law
object/real continued...

• categories
• 1. unique objects - have readily identifiable
marks
• 2. objects made unique - made readily
identifiable
• 3. non-uniqued - no identifying marks and
cannot be marked
chain of custody in drug cases
• duly recorded authorized movements and custody of
seized drugs or controlled chemical or plant sources of
dangerous drugs or laboratory equipment of each stage
from the time of seizure or confiscation to receipt in the
forensic laboratory to safekeeping to presentation in
court for destruction. records of movement includes
• identity and signature of person who held
temporary custody of the seized item
• date and time of such transfer of custody
in safekeping
chain of custody continued...

• its rationale is to preserve the authenticity

of the corpus delicti. method of
authenticating the evidences as would
support a finding beyond reasonable doubt
that the matter is what the prosecution
claims it to be.
• failure to observe the chain of custody
renders the evidence questionable, not
trustworthy and insufficient to prove the
corpus delicti beyond reasonable doubt
demonstrative evidence

• tangible evidence that merely illustrates a

matter of importance in the litigation, such as
maps, diagrams, models, summaries and
other material specially made for litigation
• not actual thing but rather represents or
demonstrates the real thing
• does not involve showing that the object was
the one used in underlying event , but
generally involves the showing that the
demonstrative object fairly represents or
illustrates what it is alleged to illustrate
view of an object or scene

• object relevant to the fact in issue may be

exhibited to, examined or viewed by the
court
• immovable or difficult to remove, court
goes to the place where it is located
• inspection made outside the court must be
in the presence of the parties or at least
with a previous notice to them of the time
and place
rule on DNA evidence

• deoxyribonucleic acid. chain of molecules

found in every nucleated cell of the body.
the totality of the individual's DNA is
unique for the individual excpet identical
twins
• AM No 06-11-5-SC
DNA: application

• anytime, either motu proprio or on

application of a person having interest on
the litigation orders testing upon showing
that:
• -a biological sample exists
• -biological sample
• 1. was not previouslysubjected to DNA test
• 2. if it ws, the results may require confirmation for good reasons
• 3. test used a scientifically valid technique
• 4.has scientific potential to produce new information that is relevant
to the proper resolution of the case
• 5. the existence of other factors, if any, which the court may
considers affecting accuracy and integrity of the test
remedies of post conviction DNA test

• when favorable to the accused

• prosecution files a writ of habeas corpus in
the court of origin
• if meritorious it shall reverse or modify the
judgment of conviction and order release
of the convict unless continued detention
is justified for lawful cause
• other courts but remand petition to the
court of origin and issue appropriate
orders
documentary evidence

• consists of writings or any material

containing letters, words, numbers, figure,
symbols or other modes of written
expressions offered as proof of their
contents
documentary evidence continued...

• requisites for adminisibility

• - must be relevant
• - authenticated
• - by competent witness
• - formally offered in evidence
best evidence rule

•does not refer to the degree of probative

value of the written evidence in relation to
other types of evidences. it refers to the
production of the original writing when the
contents of such writing are subject to the
inquiry
•when applicable? when the subject of the
inquiry is the contents - no other than the
original docu itself
docu evidence continued...

• meaning of original:
• one where the contents of which is the subject of
the inquiry
• when the docu is in two or more copies executed
at or at the same time with identical contents , all
such copies are equally regarded as originals
(duplicate orig)
• 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 equally regarded as originals;
docu evidence continued...

• secondary evidence
• admittedd only by laying the bases of its
production which requires compliance of
the ff:
• - offeror must prove the execution and
existence of the orig document
• - show the cause of its unavailability
• - show that the unavailability was not due
to his bad faith
electronic evidence rule

• A. M. No 01-7-01-SC
• electronic document or data message
which is used or offered in evidence
• electronic document. information or the
representation of information, data,
figures, symbols by which a right is
established or an obligation extinguished
or by which a fact may b e proved and
affirmed, which is received, recorded
,transmitted, stored, processed, retrieve or
produced electronically
electronic evidence continued...

• electronic data message. inforamtion

generated, sent, or stored by electronic,
optical or similar means
• probative value:
functional equivalent of paper-based
documents
regarded as original document on best
evidence rule if it is a printout or output
readable by sign or other means shown to
reflect the data accurately
method of proof

• by evidence that it has been actually

signed by the person purported to have
signed
• that the other appropriate security
procedures or devices as may be
authorized by the SC or by law for
authentication of electronic document
were applied
• showing its integrity and reliability to the
satisfaction of the judge
authentication of electronic signature

• by evidence that the method or process

was utilized to establish a digital signature
and verify the same
• other means provided by law
• other means satisfactory to the judge as
establishing the genuiness of the
electronic signature
e-docu and hearsay rule

• exception to the hearsay rule

• 1. made at or near the time of or from
transmission or supply of information
• 2.made by a person with knowledge
• 3. kept in the regular course or conduct of
business activity
• 4. is a regular practice
audio, photographic, video evidence

• shall be shown, presented or displayed to

the court
• shall be identified, explained or
authenticated by the person who made the
recording or some other person competent
to testify on the accuracy thereof
ephemeral evidence

• ephemeral electronic communication.

telephone conversation, text message,
chatroom sessions, streaming audio, video
and other electronic forms of
communication the evidence of which is
not recorded or retained. shall be proven
by the testimony of the person who was a
party to the same or has personal
knowledge therof in the absence or
unavailability of such witness, other
competent evidence may be admitted
parol evidence

• finds application only to integrated

agreements intended by both parties as
the final and exclusive written memorial of
their agreement . except:
collateral oral agreements which is not
a separate subject
parol evidence continued...
• when introduced?
• to modify, explain or add to the terms of the written
agreement
• by a party if he puts in his pleadings:
• - failure of the written agreement to express the true
intent of the parties thereto
• -intrinsic ambiguity, imistake or imperfection in the
written agreement
• -validity if the written agreement
• -existence of other terms agreed to byu the parties or
their succesors in interest after execution of the written
agreement
parol evidence vs. best evidence
parol
presupposes that the original is
available in court
prohibits the varying of the terms of
written agreement
can be invoked only when the
controversy is between the parties to
the written agreement, their privies, or
any party directly affected thereby
with the exception of wills applies only
to documents which are contractual in
nature
best evidence
contemplates a situation where the
original is not available in court and/or
ther is a dispute as to whether said
writing is the original
prohibits the introduction of
substitutionary evidence in lieu fo the
original document regardless of
whether or not it varies the contents of
the original
can be invokled by any party to an
action regardless fo whether or not
such party particiapted or not in the
writing involved
applies to all kinds of writing
authentication and proof of documents

• authentication. process of proving the due

execution and genuineness of the
document
public vs. private document
• sec. 19, rule 133
• public documents;
• 1.written official acts of the sovereign
authority, official bodies and tribunals and
public officers whether of the Phil or
foreign countries
• 2. documents acknowledge before a
notary public except last wills and
testaments
• 3. public records, or private docu required
by law to be entered thereto
Proof for private writing
• not self authenticating. it requires proof of authentication
before they can be received in evidence
• must be proved either by:
• - anyone who saw the document executed or written
• -evidence of the genuineness of the signature or
handwriting of the maker
• NOT REQUIRED
• -Due execution and genuineness is admitted by the
adverse party
• -immaterial to the issue
• -ancient document
public docu as evidence
• documents with entries of public records
• all other public documents are evidence even
against third person of the fact which gave rise
to the execution of the date of the latter
• proof of official record
• -domestic record evidenced by:
• --official publication
• --copy attested by officer having custody or
deputy with certificate that the officer has
custody
public docu , continued...

• -foreign record
• --official publication
• --copy attested by the officerin charge or
deputy with certification being the person
in custody- secretary of the embassy or
legation, consul-general, vice-consul,
consular agent , foreign service officer with
a seal of office
• attestation----correct copy of the original
record
proof of lack of record

• written statement signed by an officer

having custody of the official record or
deputy that after diligent search no
recordd or entry of a specified tenor is
found to exist in the records accompanied
by a certificate
how to impeach judicial record

•evidence of want of jurisdiction in the court

or judicial officer
•collusion between the parties
•fraud of the party offering the record
testimonial evidence
– qualifications of a witness
1. to observe
2. to remember
3. to relate
4. to recognize a duty to tell the truth
competency vs. credibility

• competence. basic qualifications of a

witness as his capacity to perceive and to
communicate the same to others. it
includes the absence of any of the
disqualifications imposed upon the witness
• credibility. believability of the witness and
has nothing to do with the law or the rules.
it refers to the weight and the
trustworthiness or reliability of the
testimony.
disqualification of the witness

• 1.by reason of mental incapacity or

immaturity
• by reason of marriage

• 2.by reason of death or insanity of adverse

party

• 3. by reason of privileged communication

examination of witness
• rights and obligations:
• to be protected from irrelevant, improper or
insulting questions and from harsh or insulting
demeanor
• not to be detained longer than the interest of
justice require
• not to be examined except only as the matters
pertinent to the issue
• right against self-incrimination- not to give an
answer whihc will tend to subject him to a
penalty fir an offense unless otherwise provided
by law
examination of witness continued...

• right against self-degradation

• to be free from personal violence
• to testify under oath or affirmation
order of examination of witness
1. direct examination. examination -in-chief of a
witness by the party presenting him on the facts to
the issue
2. cross examination.upon termination of the
direct, by the adverse party as to any mater stated
in the direct or connected therewith
3.re-direct examination.after the cross and the
party who called the witness on direct may
examine the same witness to explain or
supplement his answers given during thed cross.
the counsel may elicit testimony to correct or repel
any wrong impression or inferences that may have
been created in the cross
exam witness , continued...
4. re-cross examination.upon conclusion of re-
direct, the adverse party may re-crosson matters
stated in re-direct examination and also on such
other matters as maybe allowed by the court in its
discretion
5. reacalling witnesses. GR:after examination by
both sides has been concluded, the witness
cannot be recalled without leave of court. because
the witness cannot be detained longer than the
interest of justice requires
except:recall has been expressly reserved with the
permission of the court
leading questions
• one that suggests to the witness the answer which the
examining party desires. generally not allowed.
except:
• on cross examination
• on predliminary matters
• when there is difficulty in getting direct and intelligible
answers from a witness who is ignorant or a child of
tender years, or is of feble mind
• unwilling or hostile witness
• an adverse party or an officer, director or a managing
agent of a public or private corporation or bus
establishment which is an adverse party
misleading questions

• one which assumes as true or not yet

testified to by a witness or contrary to that
which he has previously stated. not
allowed. except:
• waived
• asking hypothetical questions to an expert
witness
methods of impeaching other party's
witness
• limited to bad reputation of the witness in
relation to his lack of veracity and does not
extend to his bad reputation for lack of morals.
• 1. contradictory evidence
• 2.that the general reputation for truth, honesty or integrity
of the witness is bad
• 3.prior inconsistent statements
• 4.involving him during cross exam in contadiction
• 5.imposibility or improbability of his testimony
• 6.proving action or conduct of the witness inconsistent
with his testimony
• 7. bias, interest or hostile feeling against the adverse
party
admissions and confessions

• res inter alios acta alteri noncore non

debet (things done between strangers
ought not to injure those who are not
parties to it). a transaction between
persons ought not to operate to the
prejudice of third persons
admissions

• by a party
• by third party
• by co-partner or agent
• by conspirator
• by privies
• by silence
confessions

• declaration of an accused acknowledging

his guilt of the offense charged and
necessarily included therein. such may be
given in evidence agaisnt him
• to be admissible, it must be:
• - express
• - voluntary
• - with assistance of competent and
independent counsel
• - must be in writing
confession, continued...

•accused admits having committed the act in

question but allege justification therefore =
admission
•judicial confession. made before a court in
which the case is pending and in the course
of legal proceedings and by itself can
sustain a conviction
confessions, continued...
• extrajudicial confession. made in other places and
cannot sustain conviction unless its voluntariness is
proven and unless it is coroborated by evidence of the
corpus delicti
• to be admissible:
• 1. the confession must involve and categorical
acknowledgment of guilt
• 2. the fact admitted must be constitutive fo criminal
offense
• 3. voluntarily
• 4. intelligently made, the accused realizing the
importance or legal significance of his act
hearsay rule

•oral testimony or documentary evidence as

to somebody's words or actions outside the
court where they are offered to prove the
truth of the very matterthey assert.
•includes all assertions which have not been
subject ot opportunity opportunity for cross
exam by the adverse party
exception:hearsay
• a. dying declarations
• b. declaration against interest
• c. act or declaration about pedigree
• d. family reputation or tradition regarding
pedigree
• e. common reputation
• f. part of res gestae
• g. entries in the course of business
• h. entries in the official records
• i. commercial lists and the like
• j. learned treaties
character evidence
• GR: not admissible in evidence . because the
evidence of a person's character does not prove
that such person acted conformity with such
character or trait in a particular occasion. except:
• in criminal cases
• -good moral character
• in civil cases
• -pertinent to the issue involved
• as a witness
• -bad moral character may be proved
examination of child witness

• A M No. 004-07-SC
• accused, victims and witnesses
• any person who at the time of giving
testimony is below 18 years. in child
abuse cases, a child include8s one over
18 but is found by the court as unable to
fully care of himself or protect himself from
abuse, neglect, cruelty, exploitation or
discrimination because of the physical or
mental disability or condition
offer and objection

• when to offer
• testi and oral - at the time the witness is
called to testify
• documentary and object - after the
presentation of the party's testimonial
evidence. offer must be done orally
unless allowed by the court to be done in
writing
objection

• offered orally - immediately after the offer

is made
• in the course of oral exam - as soon as the
grounds therefore shall become
reasonably apparent
• in writing - object must be within 3 days
after notice of the offer unless a different
period is allowed by the court
ruling

• questions raised in objection must be

studied by reasonable time but the ruling
should always be made during the trial
striking out answer

• excluding inadmissible evidence, other

than objecting
• when witness answers prematurely
• unresponsive answers
• incompetent, irrelevant, improper--
objection before striking out
• uncompleted testimony
• conditions admitted which later
substantiated
tender of excluded evidence

• excluded by the court -- attached to or

made part of the record
• oral evidence--offeror may state for the
record the same and other personal
circumstances of the witness and the
substance of the proposed testimony