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Criminal Law One
Criminal Law-definition
Limitations of Congress- General, ex post facto law, bill of
attainder, CUPEF
Basic Maxims (pro reo, dura lex sed lex, nullum crimen nulla
poena sine lege, actus non facit reum nisi mens sit rea,
actus me invito factus non est meus actus, etc.
Different Philosophies in Criminal Law (Classical, Positivist,
Eclectic/Mixed)
Characteristics of Criminal Law
GENERAL (person) – is binding on all persons who live or
sojourn in Philippine territory
Exception: there are cases where our Criminal Law
does not apply even if the crime is committed by a
person residing or sojourning in the Philippines.
TERRITORIAL (place) – in that criminal law undertake to
punish crimes committed within Philippine territory.
Exception: Art.2 of the Revised Penal Code
English Rule-Crimes are triable in the place where they
are committed. (Rule adopted in the Philippines).
French Rule- opposite of English rule
Foreign Merchant Vessels:
English French rule
Triable in the court of that Triable in the court of
county that vessels where it was
registered
Except: affects the Except: affects the peace
internal management of and security of the
the vessel territory
The rule is different in warship.
PROSPECTIVE (future effectivity), in that a penal law cannot
make an act punishable in a manner in which it was not
punishable when committed.
Exception: When a new statute dealing with the crime
established conditions more lenient or favorable to the
accused, it can be given a retroactive effect.
Exception to the exception: The new law is expressly
made inapplicable to pending actions or existing
causes of actions and the offender is a habitual
criminal.
Mala in Se vs. Mala Prohibita
Mala in Se Mala Prohibita
As to moral trait The moral trait The moral trait of
of the offender is considered. the offender is not
Liability will considered. It is
arise only when enough that the
there is dolo or prohibited act was
culpa. voluntarily done.
As to use of good Good faith or Good faith is not a
faith as a defense lack of criminal defense.
intent is a valid
defense; unless
the crime is the
result of culpa.
As to what laws Violation of the Violation of Special
are violated. R.P.C. (General Laws (General rule.
rule)
Motive is the moving power which impels one to act. NOT
an element of crime, essential only when the identity of the
perpetrator is in doubt.
Felony, offense, misdemeanor, crime
Act No. 3815-Revised Penal Code (Took effect on Jan. 1,
1932).
Felony by dolo (FIN); felony by culpa (FINILL)
May a crime be committed without intent?
Negligence-lack of action; imprudence-lack of perception
Actus Reus – Guilty act
Mens Rea – Guilty mind
Causes which may produce a result different from that
intended:
1. Error in personae – mistake in the identity of the
victim.
2. Aberratio ictus – mistake in the blow (complex
crime)
3. Praeter intentionem – the injurious result is
different from that intended.
Proximate cause-direct, natural and logical consequence of
a felonious act
Requisites of Mistake of Fact as Defense: (U.S. vs. Ah Chong)
1. The act done would have been lawful had the
facts been as accused believed them to be
2. The intention of the accused in doing the act was
lawful
3. The mistake was without fault or carelessness on
the part of the accused.
Requisites of an Impossible Crime (Art. 4, par. 2):
1. That the act performed would be an offense
against persons or property
2. That the act was done with evil intent
3. That its accomplishment is inherently impossible,
OR that the means employed is either inadequate
or ineffectual
4. That the act performed should NOT constitute a
violation of another provision of the Revised
Penal Code. (doctrine of last resort)
5. There is no such thing as an attempted or
frustrated impossible crime.
Art. 6. Stages of Crimes:
1. Consummated Felony – all elements of its
accomplishment are present
2. Frustrated Felony – perform all the acts of
execution but it does not produce because of
independent of the will of the perpetrator
3. Attempted Felony – does not perform all the acts
of execution other his spontaneous desistance.
Factors to consider in determining whether the crime is
attempted, frustrated or consummated:
1. Nature of the offense
2. Elements constituting the felony
3. Manner of committing the felony
a. Formal crimes – consummated in one
instant, no attempt.
b. Crimes consummated by mere attempt or
proposal or by overt act.
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c. Felony by omission. There can be no recidivist, habitual delinquency, reiteracion), Price, reward,
attempted stage when the felony is by or promise, any means involving great waste or ruin
omission. (inundation, fire, poison, explosion), Evident
d. Crimes requiring the intervention of two premeditation, Craft, Fraud, or Disguise, superior strength,
persons to commit them are consummated means to weaken the defense, Treachery (Alevosia),
by mere agreement. Ignominy, Unlawful Entry, Cruelty, breaking of parts of
e. Materials crimes, there are three stages of house (WWFDR), aid of minor/ motor vehicle or similar
execution. means
Alternative circumstances (Art. 15)
Felonies with no frustrated stage- rape, arson, bribery, Note: Either increase or decrease
corruption of public officials, theft Examples: Relationship, Intoxication @ Degree of
instruction and education of the offender
GR: Light felonies are punishable in consummated stage
Exc. Light felonies of crime against persons and property are Requites of Self-defense (Par, 1)
punishable in consummated, frustrated and attempted 1. Unlawful aggression (condition sine qua non);
2. Reasonable necessity of the means employed to
Two ways for committing conspiracy to exist: prevent or repel it; and
1. There is a previous and express agreement. 3. Lack of sufficient provocation on the part of the
2. The participants acted in concert or person defending himself.
simultaneously which is indicative of a meeting of
the minds towards a common criminal objective. Relative that can be defended;
There is an implied agreement. a. Spouse
b. Ascendants
Concepts of Conspiracy and Proposal to Commit Felony: c. Descendants
Conspiracy=agreement; proposal=proposes d. Legitimate, natural or adopted brothers and
 General rule: As a manner of incurring criminal sisters, or relatives by affinity (blood) in same
liability degrees.
 Exception: As a separate punishable offense
Crimes punishable in conspiracy stage-(drugs [RA Under R.A. 9344, a child 15 years and below is always
9165], arson, rebellion, treason, sedition= DARTS) exempt from criminal liability. A child over 15 years of age
In Proposal stage-(Rebellion and treason) but below 18 who acted without discernment is exempt
from criminal liability.
Art. 9. Grave felonies, less grave felonies and light felonies.
– Absolutory cause – same effect as exempting
 Grave felonies – capital punishment or penalties circumstances:
which in any of their maximum periods are 1. Spontaneous desistance
afflictive. 2. Accessories who are exempt from criminal liability
 Less grave – maximum period are correctional. 3. Death or physical injuries under exceptional
 Light felonies – arresto menor or fine not circumstances
exceeding 200 pesos 4. Persons exempt from criminal liability in theft,
swindling and malicious mischief
Circumstances Affecting Criminal Liability 5. Instigation is an absolutory cause.
Justifying circumstances (Art. 11)
Note: No criminal and civil liability (except, par. 4) Extenuating circumstances- same effect as mitigating
Examples: Self-defense (defense of chastity, defense of (mother killing her own child to conceal her dishonor, crime
property rights), Defense of relatives, Defense of stranger, of adultery of a woman abandoned by her husband)
Avoidance of greater evil or injury, Fulfillment of duty/
lawful exercise of RO, and Obedience to an order Classes of Mitigating Circumstances:
Exempting circumstances (Art. 12) Ordinary Privileged
Note: No criminal liability As to the effect If not offset, it It operates
Examples: Imbecility or insanity, Minority, Accident, will operate to reduce the
Irresistible force, Uncontrollable fear, and reduce the penalty by one to
lawful/Insuperable cause penalty to the two Degrees
Mitigating circumstances (Art.13) minimum period, depending upon
Note: Reduces penalty period the what the law
Examples: Incomplete justifying or exempting penalty is a provides.
circumstance, Less than 18 years of age (w/discernment), divisible one.
over 70 years of age, praeter intentionem, Provocation or As to offset May be offset by Cannot be offset
treat, vindication of grave offense, Passion or Obfuscation, aggravating
Voluntary surrender/voluntary confession, Physical defect, circumstances
and Illness of the offender Where found Subsections 1 to Art. 68, 69, and
Aggravating circumstances (art. 14) 10 of Article 13, 64 of the RPC.
Note: Penalty is increased ROC
Examples: Advantage of public position, insult to PA/APA
(define: PO, PA, APA), disregard of rank, age, or sex of Classes of aggravating (GSIQ)
offended party, Dwelling, Abuse of
confidence/ungratefulness, crime committed in public Types of Plurality of Crimes:
offices and religious places, Nighttime (nocturnity); 1. Formal or ideal – involves the same criminal
Uninhabited Place; or Band (brigands, brigandage), On intent resulting in two or more crimes but for
occasion of calamity or misfortune, Aid of armed men, which there is only one criminal liability.
Recidivist, Habitually or reiteration (Recidivist, quasi- Ex. Complex crimes under Art. 48
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2. Material or real – refers to different criminal 7. Death of the offender

intents resulting in two or more crimes for each of
which, the accused incurs criminal liability.
Ex. Falsification to conceal Malversation
Kinds of Complex Crimes:
1. Compound Crime (delito compuesto) – a single
act constitutes two or more grave felonies
Partial extinction- conditional pardon, parole, commutation
of sentence, good conduct time allowance (RA 10592; 1to2
years-20 days; 3to5 years-23 days; 6to10-25days; 11up-30
days; study leave allowance-15days)
Special time allowance-(1/5, 2/5, 48 hours)

Requisites: Prescription of crimes-D, RP, RT-20 years from?; PM-15

a. That only a single act is performed by the years; PC, S, D-10 years; AM-5 years; libel, similar offense-1
offender. year; oral def & slander by deed- 6mos; light offenses-6
b. That the single act produces: (1) two or more months (run from discovery of OP, PA/APA; stopped when
grave felonies, or (2) one or less grave felonies, or filed with prosecutor or out of Phils.)
(3) two or more less grave felonies.
Prescription of penalties-D, RP, RT-20 years from?; PM-15
2. Complex Crime Proper (delito complejo) – an years; PC, S, D-10 years; AM-5 years; light penalties- 1 years
offense is a necessary means for committing the
other. Director of prisons and jail warden grant time allowances
Requisites:
a. That at least two offense are committed; Civil liability includes:
b. That one or some of the offense must be Restitution-thing is restored
necessary to commit the other; Reparation of the damage- repair the thing
c. That both or all of the offenses must be punished Indemnification-payment of damages (MENTAL)
under the same statute.
Criminal Law Two (Book Two) Crimes and Penalties
Continued/ continuous crime – is a single crime, consisting Title One:
of a series of acts, but all arising from one criminal CRIMES AGAINST NATIONAL SECURITY AND THE LAW
resolution; length of the time in the commission is OF NATIONS
immaterial. Treason (TCPM), Espionage, Piracy, mutiny on the
high seas and qualified piracy
Special complex crime/composite crime-made of more than Title Two:
one offense but in the eyes of the law, only one. Ex. CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE
Robbery with homicide STATE
Arbitrary detention, Delay in the delivery of detained
Continuing/ transitory crime-offense committed in several persons to the proper judicial authorities, delaying
jurisdictions release, Expulsion, Violation of domicile, abuses in
search, searching domicile without witnesses, and
Real or Material Plurality Continued Crime Interruption of religious worship
There is a series of acts There is a series of acts Title Three:
performed by the offender performed by the offender CRIMES AGAINST PUBLIC ORDER
Each act performed by the The different acts Rebellion (CPI), Coup d’etat, Sedition (CI), Violation of
offender constitutes a constitutes only one crime, parliamentary immunity, Illegal assemblies, Illegal
separate crime, each act is all of the acts performed associations, Direct assaults, Indirect Assaults (PA,
generated by a criminal arise from one criminal APA), Alarms and scandals, Delivery of prisoners from
impulse resolution. jail, Evasion of service of sentence
Complex Crime Special Complex Crime Title Four:
The combination is The combination of the CRIMES AGAINST PUBLIC INTEREST
generalized, that is grave offenses are fixed by law, Forgeries, Counterfeiting Coins, Mutilation of coins,
and/or less grave, one e.g., robbery with rape Falsification, Usurpation of authority or official
offense is necessary to functions, Using fictitious name and concealing true
commit the other. name, False testimony, and perjury
The penalty for the crime is The penalty for the Title Five:
not specific but for the specified combination of CRIMES RELATIVE TO OPIUM AND OTHER
most serious offense in the crimes is also specific. PROHIBITED DRUGS ---See R.A. 9165
maximum period. Title Six:
Principals, Accomplices, Accessories CRIMES AGAINST PUBLIC MORALS
Exempt accessories (relatives until affinity, accessory Gambling and betting (PD 1602 and RA 9287), Grave
second and third kind) scandal, Vagrants (Decriminalized by RA 10158), and
prostitutes
Classification of penalties and duration (G, LG, LI) Title Seven:
CRIMES COMMITTED BY PUBLIC OFFICERS
Subsidiary Penalty (until PC only) Dereliction of duty (Malfeasance, Misfeasance, and
Nonfeasance), Bribery (Direct, Indirect, Qualified),
Total extinction of criminal liability Malversation of public funds or property, Technical
1. Marriage malversation, conniving with or consenting to evasion
2. Absolute Pardon of service of sentence, evasion through negligence,
3. Amnesty maltreatment of prisoners
4. Prescription of crime
5. Prescription of penalty Title Eight:
6. Service of sentence CRIMES AGAINST PERSONS
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Parricide (LBD), Death/PI inflicted in exceptional REPUBLIC ACT 6235 – AIRCRAFT PIRACY/HIJACKING
circumstances, Murder, Homicide, Death/PI caused in Foreign Aircraft Domestic
a tumultuous affray, Giving assistance to suicide, Requirement Non in-fight In-flight
Discharge of firearms, Infanticide, Abortion (IU), Duel,
Mutilation, Serious PI, LSPI, Slight PI, Rape (RA 8353- -Aircraft is “IN FLIGHT” from the moment all exterior doors
qualified rape) are closed following embarkation until the same doors are
Title Nine: again opened for disembarkation.
CRIME AGAINST PERSONAL LIBERTY AND SECURITY
Kidnapping and serious illegal detention, Slight illegal Arbitrary detention from Illegal detention
detention, Unlawful arrest, Slavery, Exploitation of Arbitrary Illegal detention
child labor, Exploitation of minors, Qualified trespass detention
to dwelling, Trespassing, Grave Threats, Light Threats, Offender Public Officer Private person
Grave coercions, Light coercions Purpose Detention Detention
Title Ten: without legal without legal
CRIMES AGAISNT PROPERTY ground ground
Robbery (Violence/Intimidation), Robbery with PI, Title Against Against personal
Robbery with Rape, Robbery with Mutilation, fundamental law liberty
Robbery with Arson, Robbery with homicide,
(Robbery in band (band vs brigands), Highway Executive Order No. 272
robbery/brigandage), Theft, Qualified theft, Altering  12 hrs. for light penalties or their equivalent
boundaries or landmarks, Swindling (estafa), Arson  18 hrs. for correctional penalties or their
(simple arson-(PD 1613) vs. destructive arson-(RA equivalent
7659), Malicious mischief  36 hrs. for correctional penalties or their
Title Eleven: equivalent
CRIMES AGAINST CHASTITY
Adultery, Concubinage, Acts of lasciviousness, Violation of domicile from Trespass to property
Seduction (Qualified and Simple), White slave trade, Violation of Trespass to
Abduction (forcible and consented) domicile property
Title Twelve: Offender Public officer Private person
CRIMES AGAINST THE CIVIL STATUS OF PERSONS Purpose Enter to the The same
Simulation of births, Usurpation of civil status, dwelling without purpose
Bigamy, Premature marriages legal grounds
Title Thirteen: Title Against Against personal
CRIMES AGAINST HONOR fundamental law liberty
Libel, Slander, Incriminating innocent person, and
Intriguing against honor
Rebellion from Coup d’ etat
Title Fourteen:
Rebellion Coup d’ etat
QUASI-OFFENSES
Offender Civilian AFP/PNP/ Public
Imprudence and negligence
Officer
Purpose Overthrow the Paralyze/
Treason, Misprision of treason (foreigner not liable),
government diminish the
conspiracy and proposal to commit treason, espionage
government
(take note how these are committed)
Mode Public uprising and Violence,
taking arms intimidation
Piracy in article 122 from piracy under PD 532:
threat, strategy
Article 122 (High PD 532 (Phil.
and stealth
seas) water)
(VITSS)
Offender Outsiders/strangers Regardless of
of the vessel the offender
ART. 139 – SEDITION, is committed by:
Other Robbery is possible Robbery is
crime/ impossible
1. That the offenders rise a) publicly and b)
offense
tumultuously
2. That the offenders employ any of those means to
Piracy from mutiny attain any of the ff. Objects:
Article 122 (High Mutiny a) To prevent the promulgation or execution of
seas) any law or the holding of any popular
Offender Outsiders/strangers Offender is a election
of the vessel member of b) To prevent the government or any public
vessel officer from freely exercising its or his
Purpose Robbery Disobedience functions, or prevent the execution of any
or Commit administration Order.
Disturbance c) To inflict any act of hate or revenge upon the
person or property of any public
Qualified piracy is committed: ELEMENTS: officer/employee.
1. Whenever the offenders have seized the vessel by d) To commit, for any political or social end, any
boarding or firing upon the same act of hate or revenge against private
2. Whenever the pirates have abandoned their persons or any social class.
victims without means of saving themselves e) To despoil, for any political or social end, any
3. Whenever the crime is accompanied by murder, person or the government of all its properly
homicide, physical injuries, or rape. or any part thereof.
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Sedition, conspiracy to commit sedition, inciting to sedition death

(note how these can be committed)
Note:
Violation of parliamentary immunity, illegal assemblies, and  Dereliction of duty – failure to perform an act
illegal associations (note how these can be committed) required by law.
 Nonfeasance – is the omission of some act which
Delivering prisoners from jail from consenting or conniving ought not to be performed. (art.208 RPC)
with evasion:  Misfeasance – is the improper performance of
Delivering Conniving/ official functions (art. 210-211 RPC)
prisoner from jail consenting to  Malfeasance-performance of some act which is
evasion. ought not to be done.
Offender Private person Public officer Note: Art. 212. Corruption of public officials. – the offender
(custodian) is the giver of the bribe.
Note: the prisoner will be liable for evasion of service of
sentence. Note: R.A. No. 7080 will prescribe 20 years while R.A. No.
3019 is 15 years, both is cognizable by Sandigan Bayan.
Direct assault from Indirect assault
Direct assault Indirect assault Malversation from Illegal use of public funds or property
Offended party Person in Private person Art. 217 Malversation – Art. 220. Illegal use of
Authority/ agent offender is the custodial of public funds or property. –
in PA public funds or property Conversion of public funds
Assaulted Engage in Assaulted in the or property from public
duty/past presence of APA purpose to another.
performance
Requirements Knowledge as to The same Note: Art. 235. Maltreatment of prisoners – Any public
authority is officer or employee who shall overdo himself in the
required correction of handling of a prisoner or detention prisoner
under his charge, by the imposition of punishment not
Alarm and scandal from grave scandal authorized by the regulations, or by inflicting such
Alarm and scandal grave scandal punishment in a cruel and humiliating manner.
Offender Any person The same
Offended party Public peace Public moral Note: Art. 245. Abuses against chastity are committed:
1. Any public officer who shall solicit or make
Note: Forgery- limited to instrument or securities issued by immoral or indecent advances to a woman
the RP interested in matters pending before such officer
Falsification- Document to decision, or with respect to which he is
Counterfeiting- coin or money required to submit a report to or consult with a
Note: CLASSIFICATION OF DOCUMENTS: superior officer;
a) Public – (a) document created, executed or issued 2. Any warden or other public officer directly
by a public official in response to exigencies of the charged with the care and custody of prisoners or
public service, (b) or in the execution of which a persons under arrest who shall solicit or make
public official or notary public intervened, immoral or indecent advances to a woman under
b) Official – issued by a public official in the exercise his custody.
of the functions of his office; also a public
document. Parricide, Infanticide and murder
c) Commercial – defined and regulated by the Code Parricide: Infanticide: Murder:
of Commerce or other commercial law, 1st kind killing of Killing of child Killing
d) Private – a deed or instrument executed by a father, mother or less than 3 days characterized
private person without the intervention of a child (whether old. with qualifying
notary public or other person legally authorized, legitimate or aggravating
by which document, some disposition of illegitimate) circumstances
agreement is proved, evidenced or set forth. 2nd kind killing such as
ascendants or treachery,
False testimony from perjury: descendants or evident
spouse. premidation,
False testimony – is committed Perjury – is an act of cruelty, price,
by a person who being under falsely testifying under reward or
oath and required to testify as to oath or making a false promise., etc.
the truth of a certain matter at a affidavit.
hearing before a competent Abortion, Tumultuous and Duel
authority. Abortion: killing Tumultuous: Duel: killing in
of fetus Killing in the the formal
Direct bribery, Indirect bribery and qualified bribery course of affray combat
Direct bribery – Indirect bribery – Qualified bribery TUMULTUOUS – if caused by more than three persons who
agree to do received gift by – fails to are armed or provided with the means of violence
something in reason of an prosecure or Note: Homicide is use as a generic crime involving
consideration of office arrest offender destruction of life.
any offer, for a crime
promise, gift or punishable by Mutilation, Serious P.I., Less S.P.I. and Slight P.I.
present received reclusion Mutilation – Serious P.I. Less S.P.I. – Slight P.I. -
by such officer perpetua to Cutting or – incapacitate incapacitate
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lopping of incapacitat d to work d to work juridical capacity. The owner expects an immediate
some ed to work for more for more does not expect the immediate return to him. (the
essential for more than 10 than 9 days return of the property. (the thing was taken)
organ of than 30 days but not thing was received)
reproduction days exceeding
30 days Estafa and B.P. No. 22
Estafa: the check is B.P. No. 22: Both in pre-existing
Rape and Acts of Lasciviousness: issued in a pre- and existing obligation. It is a crime
Art. 335 R.A. No. 8353 Acts of existing obligation. against public interest 90 days to
Traditional Modern concept Lasciviousness: It is a crime against maintain the balance or amount. It
concept (sexual assault) No sexual property. requires 5 banking days to cover
(sexual object to anus or intercourse but the amount
intercourse) vagina, penis to prompted with
Penis to mouth or any anal lust or lewd Arson and malicious mischief:
Vagina orifice. designs. Arson: malicious mischief: malicious
Malicious destruction of property other than fire
Kidnapping, illegal detention, abduction and seduction destruction of and it is due to hate, revenge or any
Kidnapping – Illegal Abduction Seduction- property by other evil motives.
essence is detention – essence enticing a means of fire
transporting – essence is the woman to
from one place is taking of a sexual Note: Art. 332. Persons exempt from criminal liability of
to another for deprivation a woman intercourse theft, estafa and malicious mischief: - Spouses, ascendants
the purpose of of personal motivated and descendants, or relatives by affinity in the same line.
ransom liberty with lewd
designs -Brothers and sisters and brothers-in-law and sisters-in-law,
if living together.
Note: Art. 269. Unlawful arrest. Anyone who shall arrest or
detained another for the purpose of delivering him to the Adultery and concubinage:
proper authorities. Adultery: Married Concubinage: Married man and
man and woman woman who have the
Slavery and Exploitation who have the knowledge that the man is
Slavery – essence is Exploitation of child labor essence knowledge that the married.
to purchase, sell, is under the pretext of reimbursing woman is married.
kidnap or detain a himself of a debt incurred by an Libel, incriminating and intriguing against honor
human being for ascendant, guardian or person Libel Incriminating Intriguing
the purpose of entrusted with the custody of a against
enslaving him minor honor

Threat and coercion A libel is public and Any person Any

Threat: the intimidation is Coercion: Compel or malicious imputation who, by any act intrigue
future condition upon prevent from doing of a crime, or of a vice not constituting which has
person, property and honor something against their or defect, real or perjury, shall for its
will. imaginary, or any act directly principal
omission, condition, incriminate or purpose to
Note: there are two kinds of robbery with violence against, status, or impute to an blemish the
or intimidation of persons (Art. 294, 297, and 298), and (2) circumstance tending innocent person honor or
Robbery by the use of force upon things (Art.299 and 302). to cause the dishonor, the commission reputation
To constitute robbery under the second kind it is not discredit, or contempt of a crime of a person
enough that the offender uses force in taking the property, of a natural or juridical
it is required that the offender uses force in taking the person, or to blacken
property, it is required that the offender entered a house or the memory of one
building by any of the means specified in article 299 or 302, who is dead.
or even if there was no entrance by any of those means, he Except: private
broke a wardrobe, chest, or receptacle in the house or communication made
building, or sealed furniture broken or forced open outside. by any person to
another in the
Robbery and theft: performance of any
Robbery: violence Theft: without violence against or legal, moral or social
and intimidation or intimidation of persons no force duty; and a fair and
force upon things upon things true report, made in
good faith, without
Robbery by band and brigandage any comments or
remakrs
Note: P.D. No. 532 (highway robbery/brigandage of August
8, 1974), P.D. No. 534 (illegal fishing), P.D. No. 1612 (Anti- Imprudence and negligence
fencing law of March 2, 1979), R.A. No. 6539 (Anti- Imprudence Negligence
carnapping law of August 26, 1972) Indicates a deficiency Indicates a deficiency of
of action or failure in perception or failure in
Estafa and Theft precaution. advertence.
Estafa: it requires the transfer Theft: the owner of Designations Used for Philippine Laws
of physical or material and the property or thing Nomenclatur Abbrevia Form of Dates
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e tion government 3. Article 134-a (Coup d’Etat), including acts committed by

Act Act Philippine 1900- private persons;
Government 1935 4. Article 248 (Murder);
under United 5. Article 267 (Kidnapping and Serious Illegal Detention);
States Rule 6. Article 324 (Crimes Involving Destruction, or under
Example Act 3815 The Revised 1935- 7. Presidential Decree No. 1613 (The Law on Arson);
Penal Code 1946 8. Republic Act No. 6969 (Toxic Substances and Hazardous
Commonweal CA Philippine Dec. 21, and Nuclear Waste Control Act of 1990)
th Act Commonwealt 1935 9. Republic Act No. 5207, (Atomic Energy Regulatory and
h Nuclear Waste Control Act of 1990)
Example CA1 The National 10. Republic Act No. 6235 (Anti-Hijacking Law);
Defense Act of 11. Presidential Decree No. 532 (Anti-piracy and Anti-
1935, which highway Robbery Law of 1974); and,
created the 12. Presidential Decree No. 1866, as amended (Decree
Armed Forces Codifying the Laws on Illegal and Unlawful Possession,
of the Manufacture, Dealing in, Acquisition or Disposition of
Philippines Firearms, Ammunitions or Explosives)
Batas BP Modified 1978-
Pambansa Parliamentary 1985 ---- And thereby sowing and creating a condition of
Republic widespread and extraordinary fear and panic among the
Presidential PD Republic Under 1972- populace, in order to coerce the government to give in to
Decree Martial 1986 an unlawful demand shall be guilty of the crime of terrorism
Law/Fourth and shall suffer the penalty of forty (40) years of
Republic imprisonment, without the benefit as parole as provided for
Presidential PP Republic under 1972- under Act No. 4103, otherwise known as the indeterminate
Proclamation Martial Law 1986 Sentence Law, as amended.
Executive EO Republic under 1986-
Order 1986 1987 R.A. NO. 9262 – An ct defining violence against women and
their children or otherwise known as Anti-Violence against
Provisional
Women and Their Children Act of 2004.
Constitution
Presidential PP Republic under 1986-
Violence against women and their children” refers to any
Proclamation 1986 1987
act or a series of acts committed by any person against
Provisional
woman who is his wife, former wife, or against a woman
Constitution
with whom the person has or had a sexual or daying
Republic Act RA Republic 1946-
relationship, or with whom he has a common child, or
72,
against her child whether the family abode, which result in
1987-
or is likely to result in physical, sexual, psychological harm
present
or suffering, or economic abuse including threats of such
Example: RA 521 An act June
acts, battery, assault, coercion, harassment or arbitrary
converting 15,
deprivation of liberty. It includes, but is not limited to, the
Cagayan de 1950
following acts:
Misamis into
the Cagayan de
Economic abuse refers to acts that make or attempt to
Oro City
make a woman financially dependent.
SPECIAL PENAL LAWS
Battered Woman Syndrome refers to a scientifically defined
R.A. No. 9995 – the anti-photo and video voyeurism act of pattern of psychological and behavioral symptoms found in
2009 and approved on February 15, 2010.
women living in battering relationships as a result of
Act punishable is the act of taking photo or video coverage cumulative abuse.
of a person or group of persons performing sexual act or
any similar activity and act of selling, copying, reproducing, Stalking refers to an international act committed by a
broadcasting, sharing or exhibiting the photo or video
person who, knowingly and without lawful justification
coverage. follows the woman or her child under surveillance directly
or indirectly or a combination thereof.
R.A. No. 9851 – An act defining crime against international
humanitarian law, genocide, and other crimes against Battered Woman Syndrome as a Defense – Victim-survivors
humanity of December 11, 2009.
who are found by the courts to be suffering from battered
Torture refers to an act by which severe pain or suffering, woman syndrome do not incur any criminal and civil liability
whether physical or mental, is intentionally inflicted on a
notwithstanding the absence of any of the elements for
person for such purposes as obtaining from him/her or a justifying circumstances of self-defense under the Revised
third person information or confession.
Penal Code.
R.A. No. 9372 – An act to secure the state and protect our
R.A No. 9160 – Anti-Money Laundering Law of 2001
people from terrorism or otherwise known as Anti-Terror (Amended by R.A. 9194)
Law or Anti-Terrorism Law of July 15, 2007.
Act punishable: Terrorism is committed when any of the Money laundering is crime whereby the proceeds of an
following crimes are committed: unlawful activity are transacted, thereby making them
appear to have originated from legitimate source.
1. Article 122 (Piracy in General and Mutiny in the High Seas
or in the Philippine Waters);
Covered transaction is a single, series, or combination of
2. Article 134 (Rebellion or Insurrection); transactions involving a total amount in excess of Four

million Philippine pesos (Php 4,000,000.00) an equivalent
amount in foreign currency based on the prevailing
exchange rate within five (5) consecutive banking days
except those between a covered institution and a person
who, at the time of the transaction was a properly
identified client and the amount is commensurate with the
business or financial capacity of the client, or those with an
underlying legal or trade obligation, purpose, origin or
economic justification.
Creation of Anti-Money Laundering Council is hereby
created and shall be composed of the Governor of the
Bangko Sentral ng Pilipinas as chairman, the Commissioner
of the Insurance Commission and the Chairman of the
Securities and Exchange Commission as members.
R.A. No. 8177 – An act designating death by lethal injection
as the method of carrying out capital punishment.
The death sentence shall be carried out not earlier than one
(1) year nor later than eighteen (18) months after the
judgment has become final and executor prejudice to the
exercise by the President of his executive clemency powers
at all time”
R.A. No. 8042 – The Migrant workers and overseas Filipino
act of 1995.
Illegal recruitment is committed with syndicate if carried by
a group of three or more persons conspiring and
confederating with one another.
Illegal recruitment is considered large scale if committed
against three or more persons individually or as a group.
Both constitute economic sabotage.
R.A. No. 8046 --- Anti-Hazing Law
Is an initiation rite or practice as a prerequisite for
admission into membership in a fraternity, sorority, or
organization by placing the recruit, neophyte or applicant in
some embarrassing of humiliating situation.
R.A. No 7877 – the Anti-sexual harassment act, person
having authority, influence or moral ascendancy over
another in a work, training or education environment.
R.A. No 7659 – An act to impose the death penalty on
certain heinous crimes, amending for that purpose the
revised penal laws, and for other purposes or otherwise
known as the death penalty law of December 13, 1993.
The following are heinous crimes:
1. Treason
2. Infanticide
3. Piracy and mutiny on the high seas or in the
Philippine waters
4. Qualified piracy
5. Kidnapping and serious illegal detention
6. Qualified bribery
7. Robbery with violence against or intimidation of
persons
8. Parricide
9. Destructive Arson
10. Murder
11. Rape
12. Plunder
13. Dangerous Drug Act of 1972
14. Carnapping
The death sentence shall be carried out not later than one
(1) year after the judgment has become final.
Page 8 of 24
R.A. No. 4200 – Anti-Wire Tapping Law
Allowed only when there is court order involving treason,
espionage, piracy, rebellion and other crimes against
national security and public order.
The period shall not exceed 60 days
The record shall be forwarded within 48 hours to the court
after expiration.
R.A. No. 6539 – the anti-carnapping act of 1972.
The act of taking vehicle
R.A. No. 9745 – the anti- torture act of November 10, 2009.
“Torture” refers to an act by which severe pain or suffering,
whether physical or mental, is intentionally inflicted on a
person for such purposes as obtaining from him/her or a
third person information or a confession; punishing him/her
for an act he/she or a third person has committed; or is
suspected of having committed; or intimidating or coercing
him/her or a third person; or for any reason based on
discrimination of any kind, when such pain or suffering
inflicted by or at the instigation of or with the consent or
acquiescence of a person in authority or agent of a person
in authority. It does not include pain or Buffering arising
only from, inherent in or incidental to lawful sanctions.
“Order of Battle” refers to any document or determination
made by the military, police or any law enforcement agency
of the government, listing the names of persons and
organizations that it perceives to be enemies of the State
and that it considers as legitimate targets as combatants
that it could deal with, through the use of means allowed by
domestic and international law.
R.A. No. 9346 – Law Suspending the Death Penalty of June
24, 2006
The imposition of the penalty of death is hereby prohibited.
Accordingly, Republic Act No. Eight Thousand One Hundred
Seventy-Seven (R.A. No. 8177), otherwise known as the Act
Designating Death by Lethal Injection is hereby repealed.
Republic Act No. Seven Thousand Six Hundred Fifty-Nine
(R.A. No. 7659), otherwise known as the Death Penalty Law,
and all other laws, executive orders and decrees, insofar as
they impose the death penalty are hereby repealed or
amended accordingly.
In lieu of the death penalty, the following shall be imposed.
a. The penalty of reclusion perpetua, when the law
violated makes use of the nomenclature of the
penalties of the Revised Penal Code; or
b. The penalty of life imprisonment, when the law
violated does not make use of the nomenclature of
the penalties of Revised Penal Code.
Person convicted of offenses punished with reclusion
perpetua, or whose sentences will be reduced to reclusion
perpetua, by reason of this Act, shall not be eligible for
parole under Act No. 4103, otherwise known as the
Indeterminate Sentence Law, as amended.
The Board of Pardons and Parole shall cause the publication
at least one a week for three consecutive weeks in a
newspaper of general circulation of the names of persons
convicted of offenses punished with reclusion perpetua or
life imprisonment by reason of this Act who are being

considered or recommend for commutation or pardon;
Provided, however, that nothing herein shall limit the
power of the President to grant executive clemency under
Section 19, Article VII of the Constitutions.
R.A. No. 9208 – Anti Trafficking in Persons Act of May 26,
2003
Trafficking in Persons – refers to the recruitment,
transportation, transfer or harboring, or receipt of persons
with or without the victim’s consent or knowledge, within
or across national borders by means of threat or use of
force, or other forms of coercion, abduction, fraud,
deception, abuse of power or of position, taking advantage
of the vulnerability of the person, or, the giving or receiving
of payments or benefits to achieve the consent of a person
having control over another person of exploitation which
includes at a minimum, the exploitation or the prostitution
of others or other forms of sexual exploitation, forced labor
or services, slavery, servitude or the removal or sale of
organs.
Prostitution – refers to any act, transaction, scheme or
design involving the use of a person by another, for sexual
intercourse or lascivious conduct in exchange for money,
profit or any other consideration.
Forced labor and Slavery – refer to the extraction of work or
services from any person by means of enticement, violence,
intimidation or threat, use of force or coercion, including
deprivation of freedom, abuse of authority or moral
ascendancy, debt-bondage or deception
Sex tourism – refers to a program organized by travel and
tourism-related establishments and individuals which
consists of tourism packages or activities, utilizing and
offering escort and sexual services as enticement for
tourist. This includes sexual services and practices offered
during rest and recreation periods for members of the
military.
Sexual Exploitation – refers to participation by a person in
prostitution of the production of pornographic materials as
a result of being subjected to a threat, deception, coercion,
abduction, force, abuse of authority, debt bondage, fraud
or through abuse of a victim’s vulnerability.
Debt Bondage – refers to the pledge by the debtor of
his/her personal services or labor or those of a person
under his/her control as security or payment for a debt,
when the length and nature of services is not clearly
defined or when the value of the services as reasonably
assessed is not applied toward the liquidation of the debt.
Pornography – refers to any representation, through
publication, exhibition, cinematography, incident shows,
information technology, or by whatever means, of a person
engaged in real or simulated explicit sexual activities or any
representation of the sexual parts of a person for primarily
sexual purposes.
R.A. No. 9165 – Comprehensive Dangerous Drugs Act of
June 7, 2002
R.A. No. 8792 – the electronic commerce act of June 14,
2000
Objective – This Act aims to facilitate domestic and
international dealings, transactions, arrangements,
agreements, contracts and exchanges and storage of
information through the utilization of electronic, optical and
similar medium, mode instrumentality and technology to
Page 9 of 24
recognize the authenticity and reliability of electronic data
messages or electronic documents related to such activities
and to promote the universal use of electronic transactions
in the government and by the general public.
Electronic document refers to information or the
representation of information, data, figures, symbols or
other modes or written expression, described or however
represented, by which a right is established or an obligation
extinguished, or by which a fact may be prove and affirmed,
which is receive, recorded, transmitted, stored, processed,
retrieved or produced electronically.
R.A. No. 8749 – Philippine Clear Act of 1999.
R.A. No. 8505 – Rape Victim Assistance and Protection Act
of 1998
R.A. No. 8485 – The Animal Welfare Act of February 11,
1998
R.A. 8353 – The Anti Rape Law
Rape is committed:
By a man who shall have carnal knowledge of a woman
under any of the following circumstances:
a. Through force, threat, or intimidation;
b. When the offended party is deprived of reason or
otherwise unconscious;
c. By means of fraudulent machination or grave abuse
of authority; and
d. When the offended party is under twelve (12) years
of age or is demented, even though none of the
circumstances mentioned above be present.
By any person who, under any of the circumstances
mentioned in paragraph 1 hereof, shall commit an act of
sexual assault by inserting his PENIS into another person’s
mouth or anal orifice, or any INSTRUMENT or OBJECT, into
the genital or anal orifice of another person.
R.A. No. 8294 – Firearm and Ammunition Law June 6, 1997
Coverage of the Term Unlicensed Firearm – the term
unlicensed firearm shall include:
a. Firearms with expired license; or
b. Unauthorized use of licensed firearm in the
commission of the crime.
Republic Act No. 7080 July 12, 1991
Definition of the crime of Plunder – any public officer who,
by himself or in connivance with members of his family,
relatives by affinity or consanguinity, business associates,
subordinates or other persons, amasses, accumulates or
acquires ill-gotten wealth through a combination or series
of overt or criminal acts as described in Section 1(d) hereof,
in the aggregate amount or total value of at least Fifty
million pesos (P50,000,000.00)
Republic Act No. 7610 – The Child Abuse Law of June 17,
1992
Republic Act No. 6981 – Witness Protection, Security and
Benefit Act
Republic Act No. 6968 – An Act Punishing the Crime of Coup
d’Etat
Republic Act No. 3019 – The Anti-Graft and Corrupt
practices act of 1960
Republic Act No. 1700 – Anti-Subversion Act

Republic Act No. 1405 – The Bank Secrecy Law of
September 9, 1955
An act prohibiting disclosure of a inquiry into, deposits with
any banking institution and providing penalty thereof.
P.D. No. 1612 – the anti-fencing law of March 2, 1979.
Fencing is the act of any person who with intent to gain for
himself or for another, shall buy, receive, possess, keep,
acquire, conceal, sell or dispose of, or shall buy and sell, or
in any other manner deal in any article, item, object or
anything of value which he knows, or should be known to
him, to have been derived from the proceeds of the crime
of the robbery or theft?
Fence is the person
P.D. No. 533 – The anti-cattle rustling law
Large cattle as herein used shall include the cow, carabao,
horse, mule, ass, or other domesticated member of the
bovine family.
Cattle rustling is the taking away by any means, method or
scheme, without the consent of the owner/raiser, of any of
the above-mentioned animals whether or not for profit or
gain, or whether committed with or without violence
against or intimidation of any person or force upon things.
It includes the killing of large cattle, or taking its meat or
hide without the consent of the owner/raiser.
P.D. No. 1566 – strengthening the Philippine disaster
control, capacity and establishing the national program on
community disaster preparedness of June 11, 1978.
P.D. No. 968 - - The Probation Law of 1976
P.D. No. 1829 – Penalizing Obstruction of Apprehension and
Prosecution of Criminal Offenders.
Any person who knowingly or willfully obstructs, impedes,
frustrates or delays the apprehension of suspects and the
investigation and prosecution of criminal cases by
committing any of the following acts:
a. Preventing witnesses from testifying in any criminal
proceedings or from reporting the commission of
any offense or the identity of any offender/s by
means of bribery, misrepresentation, deceit,
intimidation, force or threat;
b. Altering, destroying, suppressing or concealing any
paper, record, document, or object with intent to
impair its verify, authenticity, legibility, availability,
or admissibility as evidence in any investigation of
or official proceedings in, criminal cases, or to be
used in the investigation of, or official proceedings
in, criminal cases;
c. Harboring or concealing, or facilitating the escape
of, any person he knows, or has reasonable ground
to believe or suspect, has committed any offense
under existing penal laws in order to prevent his
arrest prosecution and conviction;
Republic Act No. 8484 February 11, 1998 – Access Devices
Regulation Act of 1998.”
Access Device – means any card, plate, code, account
number, electronic serial number, personal identification
number, or other telecommunications service, equipment,
or instrumental identifier, or other means of account access
that can be used to obtain money, good, services, or any
Page 10 of 24
other thing of value or to initiate a transfer originated solely
by paper instrument)
Credit card – means any card, plate coupon book, or other
credit device existing for the purpose of obtaining money,
goods, property, labor or services or anything of value on
credit;
Act No. 4103 – the Indeterminate Sentence Law
Act No. 3815 – Revised Penal Code of the Philippines
Act No. 3326 – Prescriptive periods for violation of special
law.
P.D. No. 247 July 18, 1973
Prohibiting and penalizing defacement, mutilation, tearing,
burning or destruction of central bank notes and coins.
P.D. No. 1613 – The Arson Law
P.D. No. 532 August 8, 1974. Anti Robbery and Anti Piracy
law:
Philippine Highway. It shall refer to any road, street,
passage, highway and bridges or other parts thereof, or
railway or railroad within the Philippines used by persons,
or vehicles, or locomotives or trains for the movement or
circulation of persons or transportation of goods, articles, or
property or both.
Piracy. Any attack upon or seizure of any vessel, or the
taking away of the whole or part thereof or its cargo,
equipment, or the personal belongings of its complement or
passengers, irrespective of the value thereof, by means of
violence against or intimidation of persons of force upon
things, committed by any person, including a passenger or
member of the complement of said vessel, in Philippine
waters, shall be considered as piracy.
Highway Robbery/Brigandage. The seizure of any person for
ransom, extortion or other unlawful purposes, or the taking
away of the property of another by means of violence
against or intimidation of person or force upon things of
other unlawful means, committed by any person on any
Philippine Highway.
BP 22 – An act Penalizing the Making or Drawing and
Issuance of Check of Without Sufficient Funds or Credit and
for Other Purposes.
Checks without sufficient funds – Any person who makes or
draws and issues any check to apply on account or for
value, knowing at the time of issue that he does not have
sufficient funds in or credit with the drawee bank for the
payment of such check is subsequently dishonored by the
drawee bank for insufficiency of funds or credit or would
have been dishonored for the same reason had not the
drawer, without any valid reason, ordered the bank to stop
payment.
Any person who, having sufficient funds in or credit with
the drawee bank when he makes or draws and issues a
check, shall fail to keep sufficient funds or to maintain a
credit to cover the full amount of the check if presented
within a period of ninety (90) days from the date appearing
thereon, for which reason it is dishonored by the drawee
bank.
 Page 11 of 24

P.D. No. 1508 – Barangay Justice System 30. Election Offenses (BP 881)
31. Illegal Fishing (RA No. 8550)
Doctrine of Pro Reo – Whenever the penal law is to be 32. Timber Crimes (PD No. 705, as amended by
construed or applied and the law admits of two PD No. 1775 and EO No. 277)
interpretations- one lenient to the offender and strict to the
offender- that interpretation which is lenient or favorable Other Special Laws
to the offender will be adopted.
PD 1613 PD 1563-Mendicancy
PD 603 PD 1619-Sniffing Rugby
Impeachment is the process or methods of removing public
Act 4103 PD 1731-Rewards/incentives for gov’t
officer form his public office. witnesses
Impeachment officers: (Art. 11, accountability of public PD 968 PD 856-Persons authorized to conduct
officers, section 2) autopsies
1. President RA 9344 RA 4136
2. Vice President RA 7438 RA 9346-Abolition of death penalty
3. Justices of the Supreme Court RA 6981 RA 7160- (PD 1508, repealed)
4. Members of Constitutional Commission RA 6713 PD 1602-Anti-gambling law
a. Comelec Act 175- RA 9851- crime against international
b. COA humanitarian law/genocide law
c. Civil Service Commission RA 4864
5. Ombudsman PD 765 RA 8042- punishing illegal
recruitment
Grounds: RA 6975 RA 9745-Anti-torture law
1. Culpable violation of constitution RA 8551 RA 8792-E-commerce law
2. Treason RA 9263-BFP and BJMP Professionalization
RA 8505- Rape victim assistance
3. Bribery
RA 5487
4. Graft and Corruption
RA 8485-Animal welfare act
5. Other high crimes RA 6036-Release on Recognizance
6. Betrayal of public trust RA 6968- Coup d’ etat
Writ of habeas corpus – order for personal liberty RA 6127-Full-time or 4/5 deduction
Writ of Amparo – order for security protection RA 1700-Anti- subversion act
Writ of habeas data – order for access to public records. Act 4221
RA 1405-Bank secrecy law
Special Laws in the Philippines RA 7659-Heinous crimes
Act 3815
1. Obstruction of Justice (PD NO. 1829) RA 8177-lethal injection law (abolished)
2. Wire –Tapping (RA NO. 4200) RA 8493-speedy trial act
3. Child Abuse, Exploitation, and Discrimination PD 29-categories of prisoners
(RA NO. 7610) RA 10575- BUCOR Act of 2013
4. Trafficking in Persons (RA NO. 9208) RA 9514-Revised Fire Code of the Philippines
5. Violence Against Women and Their Children EO 292-
(RA NO. 9262) RA10586-“Anti-Drunk and Drugged Driving Act” (below
6. Illegal Number Games (RA NO. 9287) 0.05 concentration level; PUV 0.0%)
7. Graft and Corrupt Practices (RA NO. 3019) RA 6506
8. Plunder (RA N0. 7080) PD 1185-
9. Receiving and Giving of Gifts of Public Act 3326-Period for prescription for special penal laws
Officials and Employees (PD NO. 46) BP 129
10. Sexual Harassment (RA NO. 7877) RA 157-NBI Law
11. Hazing (RA NO. 8049) RA 8293-Intellectual property code
12. Fencing (PD NO. 1612) PD No. 1732-Immunity to prosecution to gov’t
13. Carnapping (RA NO. 6539) witnesses
14. Hijacking (RA NO. 6235) Act 616-Espionage law
15. Piracy and Highway Robbery (PD NO. 532) PD 1069-Phil Extradition law
16. Cattle Rustling (PD NO. 533) RA 1379-Forfiture of Ill-gotten wealth of P.O.E
17. Electricity and Electric Transmission Lines/ RA 8042-Illegal recruitment
Materials Pilferage (RA NO. 7832, As RA 8203-Counterfeit drugs
Amended) RA 8239-Phil passport act
18. Bouncing Checks (BP NO. 22) RA 8484-Art Forgery act
19. Infringement and Unfair Competition Under RA 9175-Chainsaw Act of 2002
the Intellectual Property Code (RA NO. 8293)
20. Illegal Recruitment (RA NO. 8042) Criminal Procedures
21. Demand of Deposits or Advance for the Rule 110 – Prosecution of Offenses
Confinement or Treatment of Patients in Rule 111– Institution of Ciminal and Civil Actions
Hospitals and Medical Clinics (RA NO. 8344) Rule 112–Preliminary Investigation
22. Illegal Possession, Manufacture, Dealing In, Rule 113–Arrest
Acquisition or Disposition, of Firearms and
Rule 114–Bail
Ammunition or Explosives (RA NO. 8294)
23. Dangerous Drugs (RA NO. 9165) Rule 115–Rights of the accused at the trial
24. Money Laundering (RA NO. 9194, amended Rule 116–Arraignment
RA 9160) Rule 117–Motion to Quash
25. Terrorism (RA NO. 9372) Rule 118–Pre-trial
26. Torture (RA NO. 9745) Rule 119–Trial
27. Child Pornography (RA NO. 9775) Rule120– Judgment
28. Camcording (RA NO. 10088) Rule121–New Trail or Reconsideration
29. Photo and Video Voyeurism (RA NO. 9995)

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
General Consideration:
Criminal procedure is a method prescribed by law for the
apprehension and prosecution of persons accused of any
criminal offense, and for their punishment in case of
conviction.
Elements of Jurisdiction in Criminal Cases
a. The nature of the offense and/or penalty attached
thereto; and
b. The fact that the offense has been committed within
the territorial jurisdiction of the court
(Jurisdiction over the place, over the subject matter,
over the person of the accused)
Jurisdiction of Court in Criminal Cases
c. Sandigan Bayan – Public officers (related to public
office)
d. Regional Trial Courts
 Exclusive Original (More than 6 years of penalty)
 Exclusive Appellate (Cases decided by MTC)
e. MTC/MCTC – Not more than 6 years of penalty =
Summary procedure for:
a. Traffic violations;
b. Violations of rental law;
c. Violations of city or municipal
ordinance; and
d. Offenses where the penalty does not
exceed 6 months
(Note: Jurisdictions: original, general, concurrent, limited,
appellate); forum-shopping
Barangay Justice System
The Revised Katarungang Pambarangay Law under R.A.
7160, otherwise known as the Local Government Code
of 1991, effective on January 1, 1992 and which
repealed P.D. 1508
Lupong Tagapamayapa
 Composition
 Punong Barangay – Chairman
 10 to 20 – Members residing in the same
barangay, with three year term of office
 Meeting period is once a month
Pangkat ng Tagapagkasundo
 Composition:
 3 members choosen from the Lupong
Tagapamayapa
Subject Matter for Amicable Settlement, Exception
 All parties residing in the same city or municipalities
for amicable settlement.
 Exception:
o One party is government;
o One party is government employee and
the disputes relates to public duties;
o Offenses exceeding one year of penalty
or fine exceeding five thousand pesos;
o Offenses where no private offended
party;
o Land disputes situated in different cities
or municipalities;
o Parties residing in different cities or
municipalities; and
o Other matters
 Procedure:
Page 12 of 24
o Complaint filed either written or orally
made before the Lupon Chairman
o Mediation by Lupon chairman after
issuance of summon within 15 days.
o Note: during this period, the
prescriptive period is suspended but in
no case exceed 60 days
Conciliation:
 Requisites or condition precedent for filing of
complaint
 Parties may go directly to the court:
 Accused is under detention
 Person is calling for habeas corpus
 Actions coupled with provisional remedies
Arbitration Award
 Effective after ten (10) days from final
judgment
 Enforceable with 6 months from the date of
settlement
Jurisdiction and Venue Differentiation
Jurisdiction Venue
Authority to hear and Court/place where the
determine a case case is to be tried and
heard
A matter of substantive A matter of procedural
law law
Fixed by law and cannot May be conferred by the
be conferred by the act or agreement of the
parties parties
Establishes a relation Establishes a relation
between the court and between plaintiff and
subject matter defendant or petitioner
and respondents
B-RULE 110-PROSECUTION OF OFFENSES:
1. Institution of criminal actions – Criminal actions shall
be instituted as follows:
a. Filing to prosecutor’s office if preliminary
investigation is mandatory, in cases of at
least 4 years, 2 months and 1 day of penalty
b. To MTC/MCTC, if preliminary investigation is
not mandatory, except, in Metropolitan
manila or other chartered cities.
2. Who must prosecute criminal actions:
a. All criminal actions – Prosecutor
 Exception:
Adultery, concubinage, seduction, acts of
lasciviousness, abduction and oral defamation.
3. The institution of the criminal action interrupts the
running of the period of prescription of the
offense charged.
4. Effects of duplicity of the offense, when the accused
fails, before arraignment to move for the quashal
of the information which charges 2 or more
offenses, he hereby waives the objection and may
be found guilty of as many offenses as those
charged and proved during the trial.
5. Exceptions to the rule on duplicity: continuous
crimes and complex crimes
C-Rule 111: Institution of criminal and civil actions
1. Effect of Institution of criminal, the civil action is
impliedly instituted
Exception: there is reservation made before
presentation of evidence by the prosecution.
2. Effect of Reservation: the civil action is suspended
until judgment is rendered in criminal action,

except in B.P. Blg.22 and Cases cognizable by
Sandiganbayan.
3. Elements of prejudicial question: (a) the previously
instituted civil action involves an issue similar or
intimately related to the issue raised in the
subsequent criminal action, and (b) the resolution
of such issue determines whether or not the
criminal action may proceed.
4. Effect of P.Q.--suspend the criminal action
D-Rule 112: Preliminary Investigation
1. When mandatory? If the penalty is more than 4
years, 2 months and 1 day.
2. Purpose: Determine the probable cause
3. Officers authorized to conduct P.I
a. Provincial or City Prosecutors and their
assistants;
b. National and Regional State Prosecutors; and
c. Other officers as may be authorized by law.
d. Ombudsman (Sandigan bayan)
4. Procedure:
a. 10 days is the period of submission of
counter affidavit
b. 10 days after, the prosecutor will resolve
5. When not necessary:
a. Offenses not less than 4 years, 2 months and
1 day of imprisonment
b. When accused lawfully arrested without
warrant
Exception:
 Demand any time before filing an information
(waiver of Art. 125, RPC is required) or
 Demand within 5 days after knowing that
information was filed.
6. Inquest investigation is an informal and summary
investigation conducted by a public prosecutor in
criminal case 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 said persons should
remain under custody and correspondingly be
charged in court.
E-RULE 113 – ARREST
1. Concept of police Officer must stand his Ground
A police officer, in the performance of
his duty, must his ground and cannot, like a
private individual, take refuge in flight; his duty
requires him to overcome his opponent. He may
use necessary force to overcome his opponent.
2. Warrantless arrest:
a. Caught in fraglante delicto
b. Personal Knowledge
c. Escape Prisoner
3. Validation: No expiry date. It remains valid until
arrest is affected or the warrant is lifted.
 Note: The rules does not require a return of
the warrant of arrest but only a report to the
Judge who issued the warrant and, in case of
officer’s failure to execute the same shall
state the reasons therefore.
4. A buy-bust operation is far variant from an ordinary
arrest; it is a form of entrapment which has been
repeatedly accepted to be valid means of
arresting violators of the Dangerous Drug Law. In
a buy-bust operation, the violators is caught in
flagrante delicto and the police officers
conducting the operation are not only authorized
but duty-bound to apprehend the violator and to
search him for anything that may have been part
of or used in the commission of the crime.
Page 13 of 24
F-RULE 114-BAIL
1. Purpose: Prevent imprisonment and security for his
appearance
2. Bail, a matter of right; exception –
a. MTC, before and after conviction
b. RTC, before conviction, except crimes
punishable by reclusion perpetua and death.
c. Bail is a matter of right in crimes punishable
by reclusion perpetua when evidence of guilt
is not strong.
Note: Other than above, bail is discretionary
3. Sec.17. Bail, where filed.
a. Matter of right – to any court within the
territorial jurisdiction of court.
b. Mater of discretion – to the trial court only
4. No bail after final judgment; exception, convict
apply for probation
5. Bailbond is an obligation given by the accused with
one or more sureties, with the condition to be
void upon the performance by the accused of
such acts as he may legally be required to
perform.
6. Recognizance is an obligation of record, entered into
before some particular act, the most usual
condition is criminal cases being the appearance
of the accused for trial. (R.A. NO. 6036)
7. Bail in court-martial offenses: (not allowed)
G-Rule 115: Rights of the accused at the trial
1. Requisites for valid waiver of right:
 Existence of right
 Knowledge of existence thereof
 Intention to relinquish such right, which must
be shown clearly and convincingly
 Where the law or the Constitution so
provides, the waiver must be with the
assistance of counsel, to be valid.
2. Presence of the accused in Court is necessary in the
following
 During arraignment
 Promulgation of judgment, except when conviction
is for light offenses
 When the prosecution intends to present witnesses
who will identify the accused.
H-RULE 116-Arraignment
1. Period of arraignment
a. In relation to R.A. No. 8493, The Speedy
Trial Act = within 30 days from time the
court acquired jurisdiction.
b. If the accused is under detention =
within 10 days from the raffle of the
case.
c. RA 7610 (Child Abuse Act) = Trial within
3 days from arraignment
2. Plea of guilty to capital offense; reception of
evidence. – The court shall conduct a searching
inquiry-purpose is determine the voluntariness of
plea
3. Bill of Particulars – Motion of bill of particulars is
filed to enable for the accused properly plead and
prepare for trial.
I-RULE 117-MOTION TO QUASH
1. Tim to move to quash – At any time before entering
his plea
2. Grounds which cannot be waived:
 The information charges no offense;
 The trial court has no jurisdiction over
the offense charged;

 The penalty of the offense has been
extinguished; and double jeopardy has
attached.
3. Provisional dismissal –
a. More than 6 years – after 2 years from
dismissal, dismissal becomes
permanent.
b. Not more than 6 years – after 1 year
from dismissal, same.
J- RULE 118-PRE-TRIAL
1. Pre-trial conference is mandatory in criminal cases.
2. Purpose: To expedite the trial, where the accused
and counsel agree the court shall conduct a
pretrial conference on the matter enumerated,
without impairing the on the matter rights of the
accused.
3. Matters to be considered during pre-trial
a. Plea bargaining
b. Stipulation of facts
c. Identification of evidence
d. Waiver of objections to admissibility of
evidence
e. Modification of order of trial of accused
admits the charge but interposes lawful
defense
f. Other matters which will promote a fair and
expeditious triad.]
Note: Plea-bargaining is not allowed under the Dangerous
Drug Act where the imposable penalty for the offense
charged is reclusion perpetua to death.
4. What are the requisites of pre-trial agreements and
admissions (stipulation of facts)?
a. In writing
b. Signed by the accused and counsel
5. What is pre-trial order? It is an order issued by the
court reciting the actions taken, the facts
stipulated and the evidence marked during the
pre-trial conference. Such order binds the parties
and limits the trial to those matters not disposed
of.
K-RULE 119: TRIAL
1. Trial – is the examination of Judge of issues
presented in the due course of procedure (the
issues are generally issues of fact, but may include
issues of law as well). The trial seeks to establish
the merits of the controversy or the guilt or
innocent of the defendant in criminal prosecution.
2. Concept of trial in Absentia: Requisites
a. The accused has been arraigned
b. He has been notified of the trial
c. His failure to appear is unjustified
3. Purpose of trial in absentia= is to speed up the
disposition of criminal cases
4. What are the effects of trial in absentia? The
accused waives the right to present evidence and
cross-examine the witnesses against him. (People
vs. Landicho, 1996)
5. State Witness Rule:
a. Two or more person is jointly charged.
b. Absolute necessity for the testimony of
the accused
c. There is no other direct evidence
available for the proper prosecution
d. Testimony of the accused can be
substantially corroborated in its
material points
e. Accused does not appear to be the most
guilty
f. Accused has not been convicted of any
offense involving moral turpitude
6. Sec. 23. Demurrer to evidence.
Page 14 of 24
a. With leave of court – not waiver of right
to file evidence (10 days other parties
may opposed)
b. Without leave of court – waiver of rights
to file evidence (5 days other parties
may opposed)
L-RULE 120: Judgment
1. Contents of the judgment –
 The legal qualification of the offense
 The participation of the accused in the
offense
 The penalty imposed upon the accused;
and
 The civil liability or damages
2. Promulgation of judgment –
 Made in the presence of the accused
 Exception, light offenses
3. Dismissal may amount to a acquittal:
 Here the dismissal is based on the
denial on a demurrer to evidence
 Where the dismissal is based on the
denial of the right to a speedy trial
4. Rules of Judgment in case of Variance Between
Allegation and Proof
 When the offense proved is less serious
that, and is necessarily included in the
offense charged (as when the offense
proved is homicide and the offense
charged is murder), in which case the
defendant shall not be convicted of the
offense proved.
 When the offense prove is more serious
than and includes the offense charged
(as when the offense prove is serious
physical injuries and the offense
charged is slight physical injuries), in
which case the defendant shall be
convicted only of the offense charged.
5. A judgment becomes final:
 After the lapse of the perfecting an appeal;
or
 When the sentence has been partially or
totally satisfied or served; or
 When the accused has waived in writing his
right to appeal; or
 Accused has applied for probation.
M- RULE 122 – APPEAL
1. Who may appeal?
 Any party may appeal, unless accused
will be placed in double jeopardy.
2. How to Appeal
 Original jurisdiction = notice of appeal
 Appellate jurisdiction = petition for
review or petition for certiorari
Note: Made within 15 days after promulgation of judgment
=Appellant/ Appellee
3. Grounds for New Trial
 Errors of law or irregularities prejudicial
to the substantial rights of the accused
 New and material evidence has been
discovered
4. Grounds for Reconsideration
 Errors of law in the judgment
 Errors of fact in the judgment

N-Rule 126 – SEARCH AND SEIZURE
1. Personal property to be seized
 Subject of the offense;
 Stolen or embezzled and other
proceeds, or fruits of the offense; or
 Used or intended to be used as the
means of committing an offense.
2. Requisites for issuing search warrant:
 An order in writing;
 Signed by judge in the name of the
People of the Philippines;
 Commanding a peace officer to search
for personal property; and
 Bring it before the court
3. Validity of search within 10 days from issuance and
serve only in day time, unless specified
4. Warrantless searches and seizures are valid
 Search of moving vehicles
 Fishery laws
 Consented search without a warrant
 Seizure of evidence in plain view
 Enforcement of custom laws
 When search is based on probable
cause under extraordinary
circumstances
Evidence (Rule 128-134)
Rule 128 General Provisions
Rule 129 What Need Not be Proved
Rule 130 Rules of Admissibility
Rule 131 Burden of Proof and Presumptions
Rule 132 Presentation of Evidence
Rule 133 Weight and Sufficiency of Evidence
Rule 134 Perpetuation of testimony (April 2011)
Rule 128 General Provisions
1. Admissibility of evidence – (test of admissibility of
evidence)
 Relevant to the issue
 Competent (not excluded by the law of these
rules)
Example: R.A. No. 4200
2. Definitions
a. Factum probandum – ultimate fact
b. Factum probans – evidentiary facts
3. Classification of evidence
a. Object (Real) – That which is directly addressed to the
senses of the court and consists of tangible things exhibited
or demonstrated in open court in an ocular inspection, or at
a place designated by the court for its view or observation
of an exhibition, experiment or demonstration; always
relevant regardless of contents.
b. Documentary – Evidence supplied by written instruments
or derived from conventional symbols, such as letter, by
which ideas are represented on material substances
c. Testimonial – That which is submitted to the court
through the testimony or deposition of a witness.
d. relevant – evidence having any matter provable in an
action.
e. Material – Evidence directed to prove a fact in dispute
without the aid of any inference or presumption
f. Competent – One that is not excluded by law in particular
case
Page 15 of 24
g. Direct – That which proves the fact in dispute without the
aid of any inference or presumption
h. Circumstantial – The proof of the facts other than the fact
in issue from which, taken either singly or collectively, the
existence of the particular fact in dispute may be inferred
as a necessary or probable consequence.
i. Cumulative – evidence of the same kind and to the same
state of facts
j.Corroborative – Additional evidence of a different
character to the same point for higher probative value.
k. Conclusive – Class of evidence which the law does not
allow to be contradicted.
Rule 129 What Need Not Be Proved
1. What do not need to be proved
a. Matters of judicial notice
b. Judicial admissions
c. Facts presumed
d. Facts admitted or not denied in the
answer, provided they have been
sufficiently alleged
e. Those which are the subject of an
agreed stipulation of facts between the
parties, as well as judicial admissions
made in the course of the proceedings
2. Judicial notice is the cognizance of certain fact which
judges may properly take an act without proof
because they already know them. The object of
judicial notice is to save time, labor and expense
in securing and introducing on matters which are
not ordinarily capable of dispute and are not
actually bonafide disputes, and the tenor of which
can safely be assumed from the tribunal’s general
knowledge or from a slight search on its part.
Therefore, based upon convenience and
expediency.
3. Mandatory judicial notice
a. States – existence, territory, political
history, government, symbols of
nationality
b. Law of nation
c. Admiralty and maritime courts and
seals\Philippine – political constitution
and history
d. Official acts
e. Laws of nature
f. Measure of time
g. Geographic division
4. Discretionary judicial notice
a. Matters which are of public knowledge
Matters capable of unquestionable
demonstration
b. Ought to be known by judges because
of their judicial functions
Rule 130 Rules of Admissibility
1. Best evidence rule applies only in original
documentary evidence
Exceptions to best evidence rule:
a. Original is lost or destroyed, or cannot be produced
in court without bad faith on the part of the offeror;
b. When the original is in the custody of the party
against whom the evidence is offered, and the latter
fails to produce it after reasonable notice;
c. When the original consists of numerous accounts or
their documents which cannot be examined in court
without great loss of time and the only fact sought
to be established is the general result of the whole;
and
 Page 16 of 24

d. When the original is a public record in the custody of applies only to documents writings
a public officer or is recorded in a public office. which are contractual in
2. Meaning of “original” document nature (written
a. The one the contents of which are the subject of an agreements)
inquiry Can be involved only when Can be invoked by any
b. If in 2 or more copies executed: At or about the the controversy is between party to an action,
same time; AND With identical contents. Then all the parties to the written regardless of whether such
copies are originals. agreements, their privies or party participated in the
c. If entry is repeated in regular course of business, any party affected thereby writing invoilved.
with one being copied from another; At or near the (does not apply to
time of the transaction, then all entries are originals. complete strabgers)
3. If original is unavailable: Order of proof (but can be
changed at court’s discretion): Qualification of Witnesses
a. Existence, Execution: 1. Test for the qualification of a witness
b. Established by, a. Observation
 The person before whom its execution was b. Recollection; and
acknowledged c. Communication
 Any person who was present and saw it 2. Disqualification Rule:
executed, and recognized the signature a. Absolute/Permanent
 Any person to whom the parties to the  Mental immaturity or incapacity
instrument had previously confessed the b. Temporary/ Partial
execution thereof  Marital disqualification
4. Loss or Destruction, If there are several original  Dead Man’s Statute
copies, all copies must be accounted for before  Privileged Communications:
secondary evidence may be received.  Marital privilege
a. Contents,  Attorney-client
 A copy  Doctor-patient
 A recital of its contents in an authentic  Priest-Penitent
document  Public Officer’s Privilege
 Testimony of witnesses 3. Marital disqualification and marital privilege
5. What must be proven if original in possession of distinguished
adverse party? Marital Disqualification Marital Privilege
a. Opponent’s possession of original Can be invoked only if one Can be claimed whether or
b. Reasonable notice to opponent to produce the of the spouses is a part to not the spouse is a party to
original the action the action
c. Satisfactory proof of its existence Right to invoke belongs to Right to invoke belongs to
d. Failure or refusal of opponent to produce original in the spouse who is a party the spouse making the
court to the action communication
Parol Evidence Rule: Applies only if the marriage Can be claimed even after
1. General Rule: When the terms of an agreement have is existing at the time the the marriage has been
been reduced into writing, it is considered as testimony is offered dissolved
containing all the terms agreed upon, and there Constitutes a total Applies only to confidential
can be, between the parties and their successors prohibition against any communications between
in interest, no evidence of such terms other than testimony for or against the spouses made during the
the contents of the written agreement spouse of the witness (with marriage
Exceptions to the Parol Evidence Rule: certain exceptions)
a. When a party puts in issue in his pleadings: [FIVE]
b. Intrinsic ambiguity, mistake or imperfection in the 4. Compromises
written agreement  Civil Cases: not admission of liability (Good
c. Failure of the written agreement to express the true Samaritan Rule)
intent of the parties;  Civil Cases: implied admission of guilt.
d. Validity of the written agreement; OR
e. Existence of other terms agreed upon subsequent to 5. Res inter alios acta alteri noceri non debet
the execution of the written agreement
a. First kind
 Section 20, the rights of a party cannot be
NOTE: Parol = evidence aliunde whether oral or written
prejudiced by an act, declaration or omission of
which tends to deny or contradict documented agreement.
another
 EXCEPTIONS:
Parole Evidence Rule and Best Evidence Rule Distinguished
 Admission of third person
Parole Evidence Rule Best Evidence Rule
 Admission of conspirator
Presupposes that the The original writing is not
 Admission by privy
original document is available and/or there is a b. Second kind (Admission by silence)
available in court dispute as to whether said
 Sec. 34, evidence that one did or did not do a certain
writing is the original
thing act at one time not admissible to prove that
Prohibits the varying of the Prohibits the introduction he did or did not do the same/similar thing at
terms of a written of substitutionary evidence another time
agreement in lieu of the original
 Exceptions: [KISSHICUP] it may be received to prove
documents, regardless of
a specific intent or knowledge, identity, plan,
whether or not it varies the
system, scheme, habit, custom, or usage
contents of the original
6. Opinion of a witness
With the exception of wills, Applies to all kinds of Expert:

 Special knowledge, skill experience or
training
 The matter to be testified to is one that
requires expertise
Ordinary:
 Identity of person about whom he has adequate
knowledge
 Handwriting, if with sufficient familiarity
 Mental sanity, if sufficiently acquainted
 Impressions on emotion, behavior, condition or
appearance which he has observed
 Ordinary matters common to all men of common
perception
7. Hearsay Rule:
 Dying declaration\Declaration against
interest
 Act or declaration about pedigree
 Family reputation or tradition regarding
pedigree
 Common reputation
 Part of res gestae
 Entries in the course of business
 Entries in official records
 Commercial lists and the like
 Learned treatises
a. Requisites of Declaration against Interest
 Declarant dead or unable to testify
 Mere absence from jurisdiction does not make
declarant “unable to testify.: Exception
contemplates that the declarant is dead, mentally
incompetent or physically incapacitated
 Declaration was against his own interest
 Reasonable man in declarant’s position would not
have made the declaration unless he believed it to
be true
 Declarations by accused against his interest are
inadmissible if done in violation of his
constitutional rights
b. Requisites of Dying Declaration
 Declarant is conscious of impending death
 Declaration relates to the facts or circumstances
pertaining to the fatal injury or death
 Statements referring to the antecedents of the fatal
encounter or opinion, impressions, or conclusions
of the declarant are not admissible.
 Declarant would have been competent to testify had
he survived
 Declaration is offered in a case wherein the
declarant’s death is the subject of the inquiry.
 Dying declarations are admissible in ANY case not
only in criminal prosecutions for homicide which
was the former rule.
c. Res gestae (2 kinds/classes):
1. Spontaneous statements; (Requisites):
 There is a startling occurrence
 Statement must relate to the circumstances of the
occurrence
 Statement is unconscious and unpremeditated
 Factors to be considered in determining spontaneity
of statement:
o Time that elapsed between occurrence
and the making of the statement was
made
o Condition of the declarant when he
made the statement
o Place where statement was made
o Condition of the declarant when he
made the statement
Page 17 of 24
o Presence or absence of intervening
occurrences between the occurrences
and the statement
o Nature and circumstances of the
statement itself
2. Verbal acts: (Requisites):
 Res gestae or principal act must be equivocal
 Act material to issue
 Statements must accompany equivocal act
 Statements must give legal significance to equivocal
act
d. Res gestae and Dying Declaration distinguished
Res Gestae Dying Declaration
Statement of the killer Can be made only by the
himself after or during the victim
killing, or that of a third
person (e.g., victim, by
stander)
Statement may precede Made only after the
accompany or be made homicidal attack has been
after the homicidal act was committed
committed
Justified by the spontaneity Trustworthiness is based
of the statement upon its being given under
awareness of impending
death
8. Modes of Extra-judicial Identification of Accused
a. Show-ups- where accused alone is brought face-
to-face with the witness for identification
b. Mug shots – where photographs are shown to the
witness for identification
c. Line-ups – where a witness identifies the suspect
from a group of persons lined up for the purpose
Rule 131 Burden of Proof and Presumptions:
1. Burden of proof is the duty of a party to present
evidence on the facts in issue necessary to
establish his claim or defense by the amount of
evidence required law. Burden of proof in criminal
cases is with the prosecution.
2. Presumption may be defined as a rule of law that
attaches probative value to specific facts, or
directs that an inference be drawn as to the
existence of a fact, not actually known, arising
from its usual connection with other particular
facts which are known or established.
3. Presumption of death
a) After 7 years = all purposes, except for those of
succession
b) After 10 years = purpose of opening his succession
c) After 5 years = succession, provided they disappears
at the age of more than 75 years of age
d) After 4 years = bored a vessel or an aircraft, a
member of the armed forces, a person who has
been in danger of death and a married person
e) After 2 years = where there is a danger of death for
purposes of marriage
4. That if the marriage is terminated and the mother
contracted another marriage within three
hundred days after such termination of the
former marriage, these rules shall govern in the
absence of proof to the contrary:
a. A child born before 180 days = 1st marriage
b. A child born after 180 days = 2nd marriage
Rule 132 Presentation of Evidence
1. Leading question is not allowed, except:
 On cross
 On preliminary matters
 Difficulty in getting direct and intelligible answers
 Page 18 of 24

 Unwilling or hostile witness  Testimonial – by stating the personal

 Adverse party or an officer, director or a circumstances of witness and the substance of
corporation or partnership which is party proposed testimony
Rule 133 Weights and Sufficiency of Evidence
Note: Misleading is always prohibited 1. Preponderance of evidence (in civil cases).
a. The facts and circumstances of the case
2. Impeaching witness of adverse party b. The witnesses’ manner of testifying or
 Contradictory witness of adverse from testimony their intelligence
in same case c. The nature of the facts to which they
 Evidence of prior inconsistent statement testify
 Evidence of bas character/general reputation for d. The probability or improbability of their
truth, honesty, integrity testimony,
 Evidence of bias, interest, prejudice or e. Their interest or want of interest of the
incompetence case, and
 Evidence of mental, sensory derangement or f. Their personal credibility so far as the
defect same may legitimately appear upon the
 Evidence of conviction of an offense which affects trial.
credibility of witness 2. Proof beyond reasonable doubt (in criminal cases)
3. Impeaching own witness a. Does not mean such degree of proof as,
General Rule: Party not allowed to impeach own witness excluding possibility or error, produces
absolute certainty
Exceptions: b. Moral certainty only is required, or that
a. Unwilling or adverse witness so declared by the degree of proof which produces
court conviction in an unprejudiced mind
b. Witness who is also an adverse party 3. Circumstantial evidence to sustain conviction
c. Witnesses required by law (e.g., subscribing must (in criminal cases)
witnesses to a will) a. More than one circumstance
b. Facts from which inferences are derived are
4. Authentication of private writing is required only proven
in private document, except: c. Combination of all circumstances such as to
5. Authentication not required: produce conviction beyond reasonable doubt
 Ancient document 4. Substantial evidence (in administrative or quasi-
 More than 30 years old judicial proceedings)
 Contains no alterations or circumstances of  That amount of relevant evidence which a
suspicion reasonable mind might accept as adequate to
justify a conclusion.
 Produced from a custody in which it would
naturally be found if genuine  Equipoise doctrine – evidence of both parties are
equal in weight
 Public document or record
 Notarial document acknowledged, proved or
certified
Definition of Terms:
6. Handwriting: ewvi8dence of genuineness
1. Criminal law – is that branch or division of law which
 Witness actually saw person writing the
defines crimes, threats of their nature, and provides for
instrument
their punishment.
 Familiar with handwriting and witness can give
2. Crime – is an act committed or omitted in violation of a
opinion
public law forbidding or commanding it.
 Comparison of questioned handwriting and 3. Offense – is an act or omission punished under a special
admitted genuine specimens law.
 Expert evidence 4. Ex post Facto Law
 Makes criminal an act done before the passage of
7. Offer and Objection the law and which was innocent when done, and
Offer Time to Object punishes such an act;
Offered orally Made immediately after  Aggravates a crime, or make it greater that it was,
the offer is made when committed;
Question propounded in Shall be made as soon as  Changes the punishment and inflicts a greater
the course of the oral the grounds thereof shall punishment than the law annexed to the crime
examination of a witness become reasonably when committed;
apparent  Alters the legal rules of evidences, and authorizes
Offer of evidence in writing Shall be objected to within conviction upon less or different testimony than
3 days after notice of the the law required at the time of the commission of
offer unless a different the offense.
period is allowed by the  Assumes to regulate civil rights and remedies
court only, in effect imposes penalty or deprivation of a
right for something which when done was lawful;
8. If court improperly excludes otherwise admissible and
evidence, remedy is to tender the excluded  Deprives a person accused of a crime some lawful
evidence, also known as OFFER OF PROOF: protection to which he has become entitled, such
 Documentary – by attaching the document or as the protection of a former conviction or
making it part of the record acquittal, or a proclamation of amnesty.
5. Bill of attainder – is a legislative act which inflicts
punishment without trial. Its essence is the

substitution of a legislative act for a judicial
determination of guilt.
6. General characteristics of criminal law – is binding
on all persons who live or sojourn in Philippine
territory.
7. Territorial Characteristics of Criminal Law –
undertake to punish crimes committed within
Philippine territory.
8. Prospective Characteristics of Criminal Law – in
that a penal law cannot make an act punishable
when committed.
9. French Rule – Such crimes are not triable in the
courts of that country, unless their commission
affects the peace and security of the territory or
the safety of the state is endangered.
10. English Rule – Such crimes are triable in that
country, unless they merely affect things within
the vessel or they refer to the internal
management thereof.
11. Felonies – are acts and omissions punishable by
the Revised Penal Code.
12. Omission – is meant inaction, the failure to
perform a positive duty which one is bound to do.
There must be a law requiring the doing or
performed a positive an act.
13. Mistake of Fact – is a misapprehension of fact on
the part of the person who caused injury to
another. He is not, however, criminally liable,
because he did not act with criminal intent.
14. Motive – is the moving power which impels one
to action for a definite result. It is established by
the testimony of witnesses on the acts or
statements of the accused before or immediately
after the commission of the offense. Such deeds
or words may indicate the motive.
15. Intent – is the purpose to use a particular means
to effect such result. Intent to commit the act
with malice, being purely a mental process, is
presumed and the presumption arises from the
proof of the commission of an unlawful act.
16. Impossible Crime – is an offense against person or
property when there is impossibility of its
accomplishment on account of inadequate or
ineffectual means. The commission of an
impossible crime is indicative of criminal
propensity or criminal tendency on the part of the
actor. Such person is a potential criminal.
17. Proximate cause – is that cause, which, in natural
and continuous sequence, unbroken by any
efficient intervening cause, produces the injury
and without which the result would not have
occurred.
18. Attempted Felony – there is an attempted when
the offender commences the commission of a
felony directly by overt acts, and does not
perform all the acts of execution which should
produce the felony by reason of some cause or
accident other than his own spontaneous
desistance.
19. Frustrated Felony – it is frustrated when the
offender performs all the acts of execution which
would produce the felony as a consequences but
which, nevertheless, do not produce it by reason
of causes independent of the will of the
perpetrator.
20. Consummated Felony – a felony is consummated
when all the elements necessary for its execution
and accomplishment are present.
21. Indeterminable Offense – it is one where the
purpose of the offender inn performing an act is
not certain. Its nature in relation to its objective is
ambiguous.
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22. Light Felony – Light felony are those infractions of
law for the commission of which the penalty of
arresto menor or a fine not exceeding 200 pesos,
or both, is provided.
23. Less Grave Felonies – are those which the law
punishes with penalties which in their maximum
period are correctional, in accordance with the
above-mentioned article.
24. Grave Felonies – are those to which the law
attaches the capital punishment or penalties
which in any of their periods are afflictive, in
accordance with Article 25 of this Code.
25. Conspiracy to commit felony – A conspiracy exists
when two or more persons come to an agreement
concerning the commission of a felony and decide
to commit it.
26. Proposal to commit felony – there is proposal
when a person who has decided to commit a
felony proposes who has decided to commit a
felony proposes its execution to some other
person or persons.
27. Justifying Circumstance – are those where the act
of a person is said to be in accordance with law,
so that such person is deemed not to have
transgresses the law and is free from both
criminal and civil liability.
28. Basis of Justifying Circumstances – the law
recognizes the non-existence of a crime by
expressly stating in the opening sentence of
Article 11 that the persons therein mentioned “do
not incur any criminal liability.”
29. Unlawful Aggression – is equivalent to assault or
at least threatened assault of an immediate and
imminent kind. There is unlawful aggression when
the peril to one’s life, limb or right is either actual
or imminent. There must be actual physical force
or actual use of weapon.
30. Exempting Circumstances – are those grounds for
exemptions from punishment because there
wanting in the agent of the crime any of the
conditions which make the act voluntary or
negligent.
31. Basis of Exempting Circumstances – the
exemption from punishment is based on the
complete absence of intelligence, freedom of
action or intent on the part of the person who
cause injury to another.
32. Imbecile – is one who, while advanced in age, has
a mental development comparable to that of
children between two and seven years of age.
33. Insanity – exists when there is a complete
deprivation of intelligence in committing the act,
without the least discernment, because there is a
complete absence of the power to discern, or that
there is a total deprivation of freedom of the will.
34. Discernment – mean the mental capacity of a
minor between 15 and 18 years of age to fully
appreciate the consequences of his unlawful act.
35. Accident – is something that happens outside the
sway of our will, and although it comes about
through same act of our will, lies beyond the
bonds of humanity foreseeable consequences.
36. Absolutory causes – are those where the act
committed is a crime but for reasons of public
policy and sentiment there is no penalty imposed.
37. Entrapment – a person has planned or is about to
commit, a ways and means are resorted to by a
public officer to trap and catch the criminal.
Entrapment is not a defense.
38. Instigation – in instigation, a public officer, or a
private detective induces an innocent person to
commit a crime and would arrest him upon or

after the commission of the crime by the latter. It
is an absolutely cause.
39. Mitigating circumstances – are those which, if
present in the commission of the crime, do not
entirely free the actor from criminal liability, but
serve only to reduce the penalty.
40. Basis of mitigating circumstances – are based on
the diminution of either freedom of action,
intelligence, or intent, or on the lesser perversity
of the offender.
41. Aggravating circumstances – are those which, if
attendant in the commission of the crime, serve
to increase the penalty without, however,
exceeding the maximum of the penalty provided
by law for the offense.
42. Basis of Aggravating Circumstances – they are
based on the greater perversity of the offender
manifested in the commission of the felony as
shown by: (1) The motivating power itself, (2) the
place of commission, (3) the means and ways
employed, (4) the time, or (5) the personal
circumstances of the offended party.
43. Generic Aggravating Circumstances – those that
can generally apply to all crimes.
44. Specific Aggravating Circumstances – those that
apply only to particular crimes.
45. Qualifying Aggravating Circumstances – those that
change the nature of the crime.
46. Inherent Aggravating Circumstances – those that
must of necessity accompany the commission of
the crime.
47. Rank – is refers to a high social position or
standing as a grade in the armed forces; or to a
graded official standing or social position or
station.
48. Uninhabited place – is one where these are no
houses at all, a place at a consideration distance
from town, or where the houses are scattered at a
great distance from each other.
49. Band – exist whenever more than three armed
malefactors shall have acted together in the
commission of an offense, it shall be deemed to
have been committed by a band.
50. Recidivist – is one who at the time of his trial for
one crime, shall have been previously convicted
by penal judgment of another crime embraced in
the same title of the Revised Penal Code.
51. Habituality or Reiteration – exist when the
offender has been previously punishment for an
offense to which the law attaches an equal or
greater penalty or for two or more crimes to
which it attaches a lighter penalty.
52. Quasi-recidivism – any person who shall commit a
felony after having been convicted by final
judgment, before beginning to serve such
sentence, or while serving the same shall be
punished by the maximum period of the penalty
prescribed by law for the new felony.
53. Habitual delinquency – exist if within a period of
ten years from the date of his last release or last
conviction of the crimes of serious or less serious
physical injuries, robbery, theft, estafa and
falsification, he is found guilty of any of said
crimes a third time or oftener. (art 62, par. 5, RPC)
54. Craft – involves the use of intellectual trickery or
cunning on the part of the accused.
55. Fraud – includes insidious words or machinations
used to induce the victim to act in a manner
which would enable the offender to carry out his
design.
56. Disguise – is an act resorting to any device to
conceal identity.
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57. Treachery or Alevosia – there is treachery when
the offender commits any of the crime against the
person, employing means, methods or forms in
the execution thereof which tend directly and
specially to insure its execution, without risk to
himself arising from the defense which the
offended party might make.
58. Ignominy – is a circumstance pertaining to the
moral order, which adds disgrace and obloquy to
the material injury, caused by the crime.
59. Unlawful entry – there is an unlawful entry when
an entrance is affected by a way not intended for
the purpose.
60. Cruelty – there is a cruelty when the culprit enjoys
and delights is making his victim suffer slowly and
gradually, causing him unnecessary physical pain
in the consummation of the criminal act.
61. Alternative Circumstances – are those that must
be taken into consideration as aggravating or
mitigating circumstances according to the nature
and effects of the crime and the other conditions
attending its commission.
62. Basis of Alternative Circumstances – is the nature
and effects of the crime and the other conditions
attending its commission.
63. Accomplices – are the persons who, not being
included in Article 17, cooperate in the execution
of the offense by previous or simultaneous acts.
64. Accessories – are those who, having knowledge of
the commission of the crime, and without having
participated therein, either as principals or
accomplices.
65. Collective criminal responsibility – there is
collective criminal responsibility when the
offenders are criminally liable in the same manner
and to the same extent. The penalty to be
imposed must be the same for all.
66. Quasi-collective criminal responsibility – in quasi-
collective criminal responsibility, some of the
offenders in the crime are principals and the
others are accomplices or accessories.
67. Fencing – is that act of any person who with
intent to gain for himself or for another, shall buy,
receive, possess, keep, acquire, conceal, sell or
dispose of, or shall buy and sell, or in any other
manner deal in any article, item, object or
anything of value which he knows, or should be
known to him, to have been derived from the
proceeds of the crime of the robbery or theft.
68. Fence – includes any person, firm, association,
corporation or partnership or other organizations
who which commits the act of fencing.
69. Penalty – is the suffering that is inflicted by the
state for the transgression of a law.
70. Concept of penalty – penalty in its general sense
signifies pain; especially considered in the juridical
sphere, it means suffering undergone, because of
the action of human society, by one who commits
a crime.
71. Subsidiary penalty – is a subsidiary personal
liability to be suffered by the convict who has no
property with which to meet the fine at the rate
of one day for each eight pesos, subject to the
rules provided for in Article 39.
72. Complex crime – exist when a single act
constitutes two or crime or when an offense
necessary means of committing another. In
complex crime, although two or more crimes are
actually committed, they constitute only one
crime in the eyes of the law as well as in the
conscience of the offender. The offender has only
one criminal intent. Even in the case where an

offense is a necessary means for committing the
other, the evil intent of the offender is only one.
Hence, there is only one penalty imposed for the
commission of a complex crime.
73. Compound Crime – when a single act constitutes
two or more grave or less grave felonies.
74. Complex Crime Proper – when an offense is a
necessary means for committing the other.
75. Special Complex Crime – is the combinations of
the offenses re fixed by law and the penalty is also
specific. Example, robbery with rape.
76. Plurality of crimes – consists in successive
execution by the same individual of different
criminal acts upon any of which no conviction has
yet been declared.
77. Continued crime – is a single crime, consisting of a
series of acts but all arising from one criminal
resolution.
78. Complex penalty – it is penalty prescribed by law
composed of three distinct penalties, each
forming a period; the lightest of them shall be the
minimum, the next the medium, and the most
severe the maximum period.
79. Indeterminate Sentence Law – An act to provide
for an indeterminate sentence and parole for all
persons convicted of certain crimes by the Courts
of the Philippine Islands; to create a Board of
Indeterminate sentence and to provide funds
therefore and for other purposes.
80. Preventive Imprisonment – exist when the
offense charged in nonbailable, or even of
bailable he cannot furnish the required bail.
Criminal Law 2
1. Treason – is a breach of allegiance to a
government, committed by a person who owes
allegiance to it.
2. Allegiance – is meant the obligation of fidelity and
obedience which the individuals owe to the
government under which they live or to their
sovereign, in return for the protection they
receive.
3. Levies war – levying war requires the concurrence
of two things. That there will be actual assembly
of men, for the purpose of executing a
treasonable design by force.
4. Adherence to the enemy – this phase means
intent to betray. When a citizen intellectually or
emotionally favors the enemy and harbors
sympathies or convictions disloyal to his country’s
policy or interest.
5. Aid or comfort – this phase means an act which
strengthens or tends to strengthen the enemy in
the conduct of war against the traitor’s country to
resist or to attach the enemy.
6. Espionage – is the offense to gathering
transmitting, or loosing information respecting
the national defense with intent or reason to
believe that the information is to be used to the
injury of the Republic of the Philippines or to the
advantage of any foreign nation.
7. Neutrality – a nation or power which takes place
no part in a contest of arms going on between
others refer to a neutral.
8. Correspondence – is a communication by means
of letters or it may refer to the letters which pass
between those who had friendly or business
relations.
9. Piracy – it is a robbery depredation on the high
seas, without lawful authority and done with
animo furandi and in the spirit and intention of
universal hostility.
Page 21 of 24
10. Mutiny – it is the unlawful resistance to a superior
officer or raising of common and disturbances on
board a ship against the authority of its
commander.
11. Arbitrary detention – any public officer or
employee who without legal grounds detains a
person.
12. Religious ceremony – are those religious acts
performed outside of a church, such as,
processions and special prayers for burying dead
persons.
13. Rebellion – is more frequently used where the
object of the movement is completely the crime
of rebellion or insurrection is committed by rising
publicly and tasking arms against the government.
14. Sedition – is the raising of commotions or
disturbances in the state.
15. Scurrilous – means low, vulgar, mean or foul.
16. Illegal association – association particularly
organized for the purpose of committing any kind
of crime.
17. Illegal assembly – any meeting in which the
audience, whether armed or not.
18. Person in authority - any person directly vested
with jurisdiction, whether as an individual or as a
member of some court or governmental
corporation, board or commission.
19. Agent in person authority – is one who, by direct
provision of law or by election or by appointment
by appointment by competent authority, is
charged with the maintenance of public order and
the protection and security of life and property,
such as a barrio vice-lieutenant, barrio
councilman and barrio policeman.
20. Tumultuous – causing any serious disturbance in a
public place and if caused by more than three
persons who are armed or provided with means
of violence.
21. Charivari – includes a medley of discordant voices,
a mock serenade of discordant noises made on
kettles, tin, horns, etc., designed to annoy and
insult.
22. Mutilation – means to take part of the metal
either by filing it or substituting it for another
metal of inferior quality.
23. Legal tender – is the legal currency of the country.
24. Private document – a deed executed by as private
person without the intervention of a notary
public.
25. Public document - a document created, executed
or issued by a public official in response to the
exigencies of the public service, or in the
execution of which a public official intervened.
26. Official document – a document which is issued a
public official in the exercise of the functions of
his office.
27. Commercial document – a document defined and
regulated by the code of commerce.
28. Fictitious name – any other name which as person
publicly applies to himself without authority.
29. Concealing true name – merely to conceal
identity.
30. False testimony – is committed by a person who
being under oath and required to testify as to the
truth of a certain matter at a hearing before a
competent authority.
31. Perjury – is an act of falsely testifying under oath
or making a false affidavit,
32. Affidavit – is a sworn statement in writing, made
under oath before an authorized magistrate or
officer.

33. Grave scandal – consists of acts which are
offensive to decency and good customs which
having been committed publicly, have given rise
to public scandal to persons who have
accidentally witnessed the same.
34. Vagrant – known as an idle or dissolute person
who lodges in houses of ill fame; rupian or pimp;
or one who habitually associates with prostitutes.
35. Misfeasance – is the improper performance of
some act which might lawfully done.
36. Nonfeasance – is the omission of some act which
ought not to be performed.
37. Malfeasance – is the performance of some act
which ought not to be done.
38. Dereliction of duty – failure to perform an act
required by law.
39. Judgment – is the final consideration and
determination of a court of competent
jurisdiction upon the matters submitted to it, in
action or proceeding.
40. Interlocutory – is an order which is issued by the
court between the commencement and the end
of a suit or action and which decides some point
or matter, but which, however, is not a final
decision of the matter in issue.
41. Procurador judicial – is a person who had some
practical knowledge of law and procedure, but
not a lawyer, and was permitted to represent a
party in a case before an inferior court.
42. III- gotten wealth – any asset, property, business
enterprise or material possession of any person,
acquired by him directly or indirectly through
dummies, nominees, agents, subordinates or
combination or series of acts.
43. Direct bribery – any public officer who shall agree
per formed an act constituting a crime; refrained
from doing something or in consideration of
prices or promises.
44. Qualified bribery – is a crime committed by a
public officers or employees who fails to arrest
and prosecutions of crime punishable by death or
reclusion perpetua.
45. Plunder – is a crime penalized under R.A. no.
7080, when a public officer amasses, acquires, or
accumulates ill-gotten wealth with the amount of
at least 50 million pesos.
46. Malversation – is otherwise called embezzlement.
The act of a public officer entrusted with the
custody of public fund and appropriates the same.
47. Technical Malversation – is otherwise as illegal
use of public funds. Any public officers who shall
apply any public funds or property under his
administration to any public use other than that
for law or ordinance.
48. Murder – is an unlawful killing of any person with
the following circumstances, treachery, price
reward etc.
49. Homicide – is the unlawful killing of any person,
which is parricide, murder, nor infanticide.
50. Parricide – any unlawful killing father, mother,
child, spouse or relative in direct lines.
51. Infanticide – as the killing of the child less than
three days of age.
52. Abortion – willful killing of the fetus in the uterus.
53. Suicide – person takes a part of his life or taking
away his life.
54. Tumultuous affray – when at least four persons
took part in assaulting.
55. Euthanasia – commonly known as mercy killing is
the practice of painlessly putting to death a
person suffering from some incurable disease.
Page 22 of 24
56. Duel – is a formal or regular combat previously
concerted between two parties in the presence of
two or more seconds of lawful age on each side
who make the selection of arms and fix all the
other conditions of the fight.
57. Mutilation – means the lopping or clipping off of
some part of the body.
58. Ransom – it is money, price, or consideration paid
or demanded for redemption of a captures
persons or persons, a payment that releases a
person from capacity.
59. Unjust vexation – any human conduct which,
although not productive of some physical or
material harm would, however, unjustly annoy or
vex an innocent person.
60. Robbery – is the taking of person property
belonging to another with intent to gain. By
means of violence against, or intimidation of any
person, or using force upon anything.
61. Theft – is committed by any person with intent to
gain but without violence against or intimidation
of persons nor force upon things, shall take
personal property of another without the latter’s
content.
62. Robbery by bond – when more than three armed
takes part in the commission of robbery.
63. Brigandage – is a crime committed by more than
three armed persons who form a band of robbers
for the purpose of committing robbery in the
highway or kidnapping persons for the purpose of
extortion or obtain ransom, or for any other
purpose to be attained by means of force and
violence.
64. Cattle rustling – is the taking away by any means
or method without the consent of the owner of
any animals (classified as large cattle) whether or
not for profit or gain, or whether committed with
or without violence against or intimidation of any
person or force upon things.
65. Large cattle – shall include the cow, carabao,
horse, mule, ass, or other domesticated member
of the bovine family.
66. Swindling – otherwise known as estafa. It is
committed with unfaithful or abuse of confidence;
false pretences or fraudulent acts; or through
fraudulent means.
67. Arson – malicious destruction of property by fire.
68. Malicious mischief – is the willful damaging of
another’s property for the sake of causing
damage due to hate, revenge or other evil motive.
69. Adultery – is committed by any marries woman
who shall have sexual intercourse with a man
other than her husband.
70. Concubinage – any husband who shall keep
mistress in the conjugal dwelling or shall have
sexual intercourse under scandalous
circumstances with a woman who is not his wife.
71. Conjugal dwelling – meaning the home of the
husband and wife even if the wife happens to be
temporarily absent on any account.
72. Cohabit – means to dwell together, in the manner
of husband and wife, for some period of time.
73. Seduction – enticing a woman to unlawful sexual
intercourse by promise of a marriage or other
means of persuasion without use of force.
74. Abduction – meaning taking away of a woman
from her house or the place where she may be for
the purpose of carrying her to another place with
intent to marry or corrupt her.
75. Bigamy – committed by any person who shall
contract a second marriage.

76. Libel – is public and malicious imputation of a
crime, or any act, omission, condition, status or
circumstance tending to cause the dishonor,
discredit, or contempt of a natural or juridical
person, or to blacken the memory of one whom is
dead.
77. Dishonor – disgrace, shame, or ignominy
78. Discredit – loss of credit, or reputation
79. Slander of deed – is a crime against honor which
is committed by performing any act which casts
dishonor, discredit, or contempt upon another
person.
80. Imprudence – indicates a deficiency of action or
failure in precaution.
81. Negligence – indicates a deficiency of perception
or failure in advertence.
Criminal Procedure and Evidence
1. Criminal Procedure is the method prescribed by
law for the apprehension and prosecution of
persons accused of any criminal offense, and for
their punishment in case of conviction.
2. Jurisdiction is derived from the Latin term “juris”
and “deco” which means, “ I speak the law”. It is
the authority by which judicial officers take
cognizance and decide cases
3. Criminal Jurisdiction is the authority to hear and
try a particular offense and impose the
punishment for it. The general rule is that the
jurisdiction of the courts determines by: (1) the
geographical limits of the territory over which it
presides, the (2) the actions (civil and criminal) it
is empowered to hear and decide.
4. Complaint is a sworn written statement charging
a person with an offense, subscribed by the
offended party, any peace officer, or other public
officer charged with the enforcement of the law
violated.
5. Information is an accusation in writing charging a
person with an offense, subscribed by the
prosecutor and filed with the court.
6. Preliminary Investigation is an inquiry of
proceeding to determine whether there is
sufficient ground to engender a well-founded
belief that a crime has been committed and the
respondent is probably guilty thereof, and should
be held for trial.
7. Probable cause is the existence of such facts and
circumstances as well excite the belief in a
reasonable mind, acting on the facts within the
knowledge of the prosecutor, that the person
charged was guilty of the crime for which he was
prosecuted.
8. Inquest Investigation is an informal and summary
investigation conducted by a public prosecutor in
criminal case 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 said persons should
remain under custody and correspondingly be
charged in court.
9. Arrest is the taking of a person into custody in
order that he may be bound to answer for the
commission of an offense.
10. Buy-bust operation is far variant from an ordinary
arrest; it is a form of entrapment which has been
repeatedly accepted to be valid means of
arresting violators of the Dangerous Drug Law. In
a buy-bust operation, the violator is caught in
flagrante delicto and the police officers
conducting the operation are not only authorized
but duty-bound to apprehend the violator and to
Page 23 of 24
search him for anything that may have been part
or used in the commission of the crime.
11. Bail is the security given for the release of a
person in custody of the law, furnished by him or
a bondsman, to guarantee his appearance before
any court as required under the conditions
hereinafter specified. Bail may be given in the
form of corporate surety, property bond, cash
deposit, or recognizance.
12. Capital offense is an offense which, under the law
existing at the time of its commission and of the
application for admission to bail, may be punished
with death.
13. Arraignment is the formal mode and manner of
implementing the constitutional right of an
accused to be informed of the nature and cause
of the accusation against him.
14. Pre-trial order is an order issued by the court
reciting the action taken, the facts stipulated and
the evidence marked during the pre-trial
conference. Such order binds the parties and
limits the trial to those maters not disposed of.
15. Trial is the examination of Judge of issues
presented in the due course of procedure (the
issues are generally issues of fact, but may include
issues of law as well). The trial seeks to establish
the merits of the controversy or the guilt or
innocent of the defendant in criminal prosecution.
16. Demurrer to evidence is an objection by one of
the parties in an action, to the effect that the
evidence which hi adversary produced is
insufficient in point of law, whether true or not, to
make out a case or sustain the issue.
17. Judgment is the adjudication by the court that the
accused is guilty or not guilty of the offense
charged and the imposition on him of the proper
penalty and civil liability, if any. It must be written
in the official language, personality and directly
prepared by the judge and signed by him and shall
contain clearly and distinctly a statement of the
facts and the law upon which it is based.
18. Search warrant is an order in writing issued in the
name of the People of the Philippines, signed by a
judge and directed to a peace officer,
commanding him to search for personal property
described therein and bring it before the court.
19. Attachment is a remedy afforded to the offended
party to have the property of the accused
attached as security for the satisfaction of any
judgment that may be recovered from the
accused.
20. Evidence is the means, sanctioned by these rules,
of ascertaining in a judicial proceeding the truth
respecting a matter of fact.
21. Factum probandum is the ultimate fact or the fact
by which the factum probandum is to be
established
22. Factum probans is an evidentiary fact or the fact
by which the factum probandum is to be
established
23. Object (Real) Evidence is that directly addressed
to the senses of the court and consists of tangible
things exhibited or demonstrated in open court,
in an ocular inspection, or at a place designated
by the court for its view or observation of an
exhibition, experiment or demonstration; always
relevant regardless of content.
24. Documentary evidence is that supplied by written
instruments or derived from conventional
symbols, such as letter, by which ideas are
represented on material substances
 Page 24 of 24

25. Relevant is evidence having any value in reason as

tending to prove any matter provable in an action.
26. Material is evidence directed to prove a fact in
issue
27. Competent is one that is not excluded by law in
particular case
28. Direct is that which proves the fact in dispute
without the aid of any inference or presumption
29. Circumstantial is the proof of the facts other than
the fact in issue from which, taken either singly or
collectively, the existence of the particular fact in
dispute may be inferred as a necessary or
probable consequence.
30. Cumulative is evidence of the same kind and to
the same state of facts
31. Corroborative is additional evidence of a different
character to the same point for higher probative
value.
32. Prima facie is that which standing alone,
unexplained or uncontradicted is sufficient tp
maintain a proposition.
33. Conclusive is a class of evidence which the law
does not allow to be contradicted
34. Judicial notice is the cognizance of certain facts
which judges may properly take an act without
proof because they already know them.
35. Pedigree includes relationship, family genealogy,
birth, marriage, death, the dates when and the
places where these fast occurred, and the names
of the relatives. It embraces also facts of family
history intimately connected with pedigree.
36. Parol is evidence aliunde whether oral or written
which tends to deny or contradict documented
agreement.
37. Presumption may be defined as a rule of law that
attaches probative value to specific facts, or
directs that an inference be drawn as to the
existence os a fact, not actually known, arising
from its usual connection with other particular
facts which are known or established.
38. Presumptions of laws are those which the law
requires to be drawn from the existence of
established facts in the absence of contrary
evidence on the subject-deductions which the law
expressly directs to be made from particular facts.
39. Presumptions of fact are those which the
experience of mankind has shown to be valid,
founded on general knowledge and information;
inferences which naturally arise in common
experience from particular circumstances or
known fact.
40. Burden of proof (Onus probandi) is the duty of a
party to present evidence on the facts in issue
necessary to establish his claim or defense by the
amount of evidence required by law.
41. Direct examination is the examination-in-chief of
a witness by the party presenting him on the facts
relevant to the issue.
42. Leading question is which suggest to the witness
the answer which the examining party desires is a
leading question.
43. Misleading question is one which assumes as true
a fact not yet testified to by the witness, or
contrary to that which he has previously stated.
44. Substantial evidence is that amount of relevant
evidence which a reasonable mind might accept
as adequate to justify a conclusion.