(Complaint for Adultery)
(caption)
COMPLAINT
The undersigned, _____________, accuses _____________ of the crime of adultery, committed as follows, to wit:
That on or about _____________, at about _________ (a.m./p.m.), in the City/Municipality of _____________, Province of _____________ and within the jurisdiction of this Honorable Court, the said accused _____________ did then and there voluntarily, unlawfully, and feloniously had sexual intercourse with her co-accused _____________, who is not her husband, and the latter knowing her to be married to _____________, voluntarily, unlawfully, and feloniously had carnal knowledge with her.
Contrary to law.
_____________, Philippines, __Date__
COMPLAINANT
(JURAT)
Witnesses:
(Complaint for Adultery)
(caption)
COMPLAINT
The undersigned, _____________, accuses _____________ of the crime of adultery, committed as follows, to wit:
That on or about _____________, at about _________ (a.m./p.m.), in the City/Municipality of _____________, Province of _____________ and within the jurisdiction of this Honorable Court, the said accused _____________ did then and there voluntarily, unlawfully, and feloniously had sexual intercourse with her co-accused _____________, who is not her husband, and the latter knowing her to be married to _____________, voluntarily, unlawfully, and feloniously had carnal knowledge with her.
Contrary to law.
_____________, Philippines, __Date__
COMPLAINANT
(JURAT)
Witnesses:
(Complaint for Adultery)
(caption)
COMPLAINT
The undersigned, _____________, accuses _____________ of the crime of adultery, committed as follows, to wit:
That on or about _____________, at about _________ (a.m./p.m.), in the City/Municipality of _____________, Province of _____________ and within the jurisdiction of this Honorable Court, the said accused _____________ did then and there voluntarily, unlawfully, and feloniously had sexual intercourse with her co-accused _____________, who is not her husband, and the latter knowing her to be married to _____________, voluntarily, unlawfully, and feloniously had carnal knowledge with her.
Contrary to law.
_____________, Philippines, __Date__
COMPLAINANT
(JURAT)
Witnesses:
1. Admission is any act, declaration, or omission as to
relevant fact in favor or against a persons own interest. a. Admission as compared to confession, is usually applied in criminal cases to statements of fact by the accused which do not directly involve an acknowledgement of the guilt of the accused or of criminal intent to commit the offense with which he is charged. 2. Admission may be classified into judicial and extrajudicial admission. 3. Express admissions are those made in definite, certain, and unequivocal language. While implied admissions are those which may be inferred from the acts, declarations or omissions of a party. 4. Confession is a declaration of an accused expressly acknowledging his guilt of the offense charged. 5. The admission is primary evidence and is receivable, although declarant is available as a witness; it is competent only when the declarant, or someone identified in legal interest with him, is a party to the action; and need not have been considered by the declarant as opposed to his interest at the time when it was made. 6. The declaration against interest is in nature of secondary evidence, receivable only when the declarant is unavailable as a witness; it is competent in any action to which it is relevant It must have been made to the knowledge of the declarant, against his obvious and real interest. 7. An admission or declaration to be competent must have been expressed in definite certain and unequivocal language. 8. An admission may be introduced in evidence in two ways: a. Independent evidence- admissions are original evidence and no foundation is necessary for their introduction in evidence. b. Impeaching evidence- A proper foundation must be laid for the impeaching questions. 9. Self- serving declarattions are unsworn statements made by the declarant out of court and which are favorable to his interests. 10. Diaries are inadmissible because they are self-serving in nature, unless they have nature of book of accounts or if it was against interest when made, is admissible. 11. Self- serving declarations made by a party admissible in his own behalf in the following cases: a. When they form part of the res gestae, including spontaneous statements and everbal acts; b. When they are in the form of complaint and exclamations of pain and suffering; c. When they are part of confession offered by the prosecution. d. When the credibility of a party has been assailed on the ground that his testimony is a recent fabrication; Romualdo B. Obar, 2013-2014, CLJ4 1 e. Where they are offered by the opponent; f. When they are offered without objection. 12. Sec 27. Rule 130. Rules of Court. 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 compromise 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 a lower offense, is not admissible as evidence against the accused who made the plea or offer. An offer to pay or to 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. 13. Compromise is an agreement made between two or more parties as a settlement of matters in dispute. 14. Express admission of liability made during negotiations for a compromise has been held admissible. 15. In criminal cases an offer of compromise by the accused may be received in evidence as an implied admission of guilt. 16. Sec28. Admission by a third party.- The rights of a party cannot be prejudiced by an act, declaration, or omission of another, except as hereinafter provided. 17. Sec28. Provides the following exception/vicarious exceptions: a. Admission by co-partner b. Admission by agent c. Admission by joint owner or debtor or one jointly interested; d. Admission by conspirator e. Admission by privies 18. Res Inter Alios Acta Rule- 19. Confession.- the declaration of an accused acknowledging his guilt of the offense charged, or of any offense necessarily included therein, may be given in evidence against him. 20. Sec. 30. Admission by conspirator.- the act or declaration of a conspirator relating to the conspiracy and during its existence, may be given in evidemce against the co- conspirator after the conspiracy is shown by evidence other than such act or declaration. 21. Conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. 22. Conspiracies are generally proved by a number of indefinite acts, conditions, and circumstances which vary according to the purposes to be accomplished. Romualdo B. Obar, 2013-2014, CLJ4 2 23. Privity means mutual succession of relationship to the same rights of property. 24. Privies are those who have mutual or successive relationship to the same right of property or subject matter. 25. Privy the source of the original title. 26. Sec. 32 Admission by silence. An act or declaration made in the presence and within the hearing or observation of a party who odes 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. 27. Cases may an admission not be implied from the mere silence of a party: a. When the silence is a privileged communication; b. When the circumstances of time and place is not appropriate for the accused to make a reply; c. Silence on advice of counsel; 28. Flight is an admission of guilt. 29. Failure to file a complaint for a long time is an admission that the complaint is w/o merit. 30. Confession.- the declaration of an accused acknowledging his guilt of the offense charged, or of any offense necessarily included therein, may be given in evidence against him. 31. Rights of a person under custodial investigation: a. Section 12. (1) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel. b. (2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary,incommunicado, or other similar forms of detention are prohibited. c. (3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him. d. (4) The law shall provide for penal and civil sanctions for violations of this section as well as compensation to the rehabilitation of victims of torture or similar practices, and their families. 32. Extra- judicial admission is admissible when if not under custody- it is enough that the confession was made voluntarily and knowingly. 33. Custodial investigation means the questioning initiated by law enforcement officers after a person has
Romualdo B. Obar, 2013-2014, CLJ4 3
been taken into custody or otherwise deprived of his freedom of action in any significant way. 34. The basic test for the validity of a confession if it was voluntary and freely made. 35. A confession procured by leading questions, or questions assuming the guilt of the accused, is admissible, for in such cases it cannot be said that the confession was obtained by force, intimidation or threats. 36. A confession made by an accused is admissible only against him but not against his co- accused as to whom said confession is given. Said confession is hearsay evidence, for he had no opportunity to cross- examine the former. 37. Exceptions: a. When several accused are tried together, confession made by one of them during the trial implicating the others is evidence against the latter; b. If a defendant, after having been apprised of the confession of his co-defendant, ratifies or confirms said confession, the same is admissible against him. c. Interlocking confession 38. The admissibility of a conspirators confession against his co-conspirator requires that: a. The conspiracy be first be proved by evidence other than his confession; b. The confession be made after, not before, the formation of such unlawful agreement and before, not after, it has come to an end. c. The confession be made in furtherance of the objects of the conspiracy. 39. Sec.36. Hearsay Evidence excluded. 40. Hearsay is an evidence derived not from the perception of the one making the testimony but from the other persons. 41. A document becomes hearsay when the person who executed the document was not presented as a witness. 42. A person who has actual knowledge and testifies without being cross-examinedd the evidence testimony will be branded as hearsay. 43. The test in determining when the evidence is hearsay is when there is lack of opportunity to cross- examine the witness presented. 44. Exceptions to the hearsay rule are the following: a. Dying declaration b. Declaration against interest c. Act or declaration about pedigree d. Family reputation nor tradition regarding pedigree e. Common reputation f. Part of the res gestae g. Entries in the course of business h. Entries in the official records i. Commercial lists and the like j. Learned treaties; and k. Testimony or deposition at a former proceeding. Romualdo B. Obar, 2013-2014, CLJ4 4 *Reasons of admissibility: necessity and trustworthiness 45. Dying declarations are statements made by a person after the mortal wound has been inflicted, under belief that death is certain, stating the facts concerning the cause of, and the circumstance surrounding the homicide. Requisites: a. The death be imminent and that declarant be conscious of that fact. b. That the preliminary facts which bring thedeclaration within its scope be made to appear. c. That the declaration relates to the fact or circumstances pertaining to the fatal injury or death. d. That the declarant would have been competent to testify had he survived. 46. Form of dying declarations: a. A dying declaration may be in form of communication by means of signs, an oral statement or ejaculation, a mere formal statement, or answers to questions put by the person to whom the declaration is made, a writing signed by the declarant, or an affidavit. 47. Sec. 42. Part of the Res gestae 48. Res gestae is from the latin meaning things done and includes circumstances, facts and declarations incidental to the main fact or transaction, necessary to illustrate its character and also includes acts, words and declarations which are so closely connected therewith as to constitute a part of the transaction. 49. Dying declaration as distinguished from res gestae, in that the res gestae may precede, or accompany, or follow, as events occurring as a part of the principal act; dying declaration is confined to matters occurring after the homicidal act. 50. A spontaneous statement may be defined as a statement or exclamation made immediately after some exciting occasion by a participant or spectator and asserting the circumstances of that occasion as it is observed by him. 51. Verbal acts are utterances which accompany some act or conduct to which it is desired to give a legal effect 52. Distinguish verbal acts from spontaneous statements: a. In spontaneous statements, the res gestae is the startling recurrence, while in verbal acts, the r.g. is the equivocal act. 53. 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 of the facts therein stated. 54. Reasons for admissibility: necessity and trustworthiness. 55. When is the entry said to be made in the professional capacity? Romualdo B. Obar, 2013-2014, CLJ4 5 a. The making is required by law b. Required by nature of the office c. Required by superior officer. 56. 3 kinds of official records: a. Registers and records b. Returns and repprts c. Certificates 57. Opinion rule. Sec. 48. General rule.- the opinion of a witness is not admissible, except as indicated in the following sections. 58. Opinion evidence is the statement by the witness of an inference as to the existence or nonexistence of a fact in issue, based upon other facts presented directly to the senses of the witness. 59. Sec. 49. Opinion of expert witness 60. Expert evidence is the testimony of persons who are particular skilled, or experienced, in a particular art, science, trade, business, profession, or vocation, a thorough knowledge of which is not possessed by man in general, in regard to matters connected therewith. 61. Expert is one who possesses special skill, knowledge, education and training which are not possessed by others. 62. Opinion inadmissible as evidence except: a. When witness is an expert b. Lay opinion: a. Identity of a person b. Mental sanity c. Handwriting of a person 63. Conditions when a court may refer to the opinion of expert: a. When the issue is one which requires the opinion or aid of an expert b. When the witness is an expert 64. The most common subjects of expert testimony are the following: a. Handwriting b. Typewritten documents c. Fingerprints d. Ballistics e. Medicine f. Value of properties and services 65. Classes of opinion: a. Expert b. Lay 66. Sec. 50. Opinion of ordinary witnesses.- The opinion of a witness for which proper basis is given, may be received in evidence regarding- a. Identity of a person about whom he has adequate knowledge; b. Mental sanity of a person with whom he is sufficiently acquainted
Romualdo B. Obar, 2013-2014, CLJ4 6
c. Handwriting of a person with which he has sufficient familiarity. The witness may also testify on his impressions of the emotion, behavior, condition or appearance of a person.
67. Burden of proof is meant the obligation imposed upon a
party who alleges the existence of a fact or thing necessary in the prosecution or defense of an action to establish it by proof. 68. Witness has reference to those who testify in a cause or give evidence a judicial tribunal. 69. The reason of the examination of witness in court is to enable the court to judge the credibility of the witness manner of testifying, their intelligence, and their appearance. 70. Open court is a court formally opened and engaged in the transaction of judicial affairs, to which all persons who conduct themselves in an orderly manner are admitted. 71. Oath is an appeal by a person to God to witness the truth of what he declares and an impreciation of Divine punishment or vengeance upon him if what he says is false. 72. Affirmation is a solemn and formal declaration or assertion that the witness will tell the truth. 73. Sec4. Rule 131. Order in the examination of an individual witness: a. Direct examination by the proponent b. Cross- examination by the c. Re- direct examination by the d. Re- cross . 74. Sec. 5. Direct examination is the examination-in-chief of a witness by the party presenting him on the facts relevant to the issue. 75. Cross- examination is done after the termination of the direct examination of the proponent and subject for the examination of the adverse party for the purpose of testing the competency of the witness to testify.