CRIMINAL LAW BOOK 1

ACT NO. 3815 (Effec1vity Date: January 1, 1932)

CRIMINAL LAW
Criminal law is that branch or division of law which defines crimes, treats of their nature,
and provides for their punishment.
Classical theory
• The basis of penalty is human free will and the purpose of the penalty is retribu1on.
• That man is essen1ally a moral creature with the absolute free will to choose between
good and evil, thereby placing more stress upon the effect or result of the felonious act
than upon the man, the criminal himself.
Posi:vist theory
• That man is subdued occasionally by a strange and morbid phenomenon which constrains
him to do wrong, in spite of contrary voli1on.
• That crime is essen1ally a social and natural phenomenon.
Eclec:c Theory – Combina1on of Classical and Posi1vist
Ø CRIME- is an act commiSed or omiSed in viola1on of a public law forbidding or
commanding it.
Ø FELONY- an act or omission punishable by RPC
Ø OFFENSE- an act or omission punishable by Special Penal Laws
Ø INFRACTION- an act or omission punishable by Ordinances
Ø ACCUSED- is a person personally charged in court for a viola1on of penal law.
4 Sources of Criminal Law
• The Revised Penal Code (Act No. 3815) and its amendments- Main source
• Special Penal Laws
• Penal Presiden1al Decrees issued during Mar1al Law
• Execu1ve Orders
Take Note
“Court decisions are not sources of criminal law, because they merely explain the meaning
of, and apply, the law as enacted by the legisla1ve branch of the government”
POLICE POWER
The right of the state to restrain and impose punishment on criminals.
Ex Post Facto Law
A law which makes criminal an act done before the passage of the law and which was
innocent when done, and punishes such an act.
Bill of AHainder
is a legisla1ve act which inflicts punishment without trial. Its essence is the subs1tu1on
of a legisla1ve act for a judicial determina1on of guilt.
Characteris:cs of Criminal Law
§ Generality
§ Territoriality
§ Prospec1vity
GENERALITY
Criminal law is binding on all persons who live or sojourn in Philippine territory.
Excep1ons:
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 § Treaty S1pula1ons
§ Law of Preferen1al Applica1ons
§ Principle of Public Interna1onal Law
TERRITORIALITY
Criminal laws undertake to punish crimes commiSed within Philippine territory.
Excep1ons: (Art 2 of the RPC)
• Should commit an offense while on a Philippine ship or airship.
• Should forge or counterfeit any coin or currency note of the Philippines or obliga1ons and
securi1es issued by the Government of the Philippines.
• While being public officers or employees, should commit an offense in the exercise of their
func1ons.
• Should commit any of the crimes against na1onal security and the law of na1ons, defined
in Title One of Book Two of the Revised Penal Code.
Intraterritorial refers to the applica1on of the RPC within the Philippine territory(land, air and
water).
Extraterritorial refers to the applica1on of the Revised Penal Code outside the Philippine
French Rule or Na1onality Rule-the Philippines has no jurisdic1on, unless the crime affects the
peace and security of the country.
English Rule or Territoriality Rule- the country has jurisdic1on over such offenses unless the same
affect or refers only to the internal management of the vessel. We apply this rule in the
PHILIPPINES.
PROSPECTIVITY
in that a penal law cannot make an act punishable in a manner in which it was not
punishable when commiSed.
Excep:on:
if it is in FAVOR of the offender unless he’s habitual delinquent or the law otherwise
provides.
“REPEALING LAW”
Construc:on of penal laws.
Penal laws are strictly construed against the Government and liberally in favor of the
accused.
Take Note:
“If there is a conflict between the transla1on of Spanish text and the English text, the spanish text
shall prevail”.
Felonies
Felonies are acts and omissions punishable by the Revised Penal Code.
Elements of felonies.
1. That there must be an act or omission.
2. That the act or omission must be punishable by the Revised Penal Code.
3. That the act is performed or the omission incurred by means of dolo or culpa.
Act is any bodily movement tending to produce some effect in the external world. Must be the
one which is defined by the CODE as cons1tu1ng a felony; or at least an act OVERT ACT of the
felony, that is the external act which has a direct connec:on with the felony intended to be
commiHed.
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 • Only external act is punished, a criminal thought or a mere inten1on no maSer how
immoral or improper it may be, will never cons1tute a felony.
Omission Is meant inac1on, the failure to perform a posi1ve duty which one is bound to do. There
must be a law requiring the doing or performance of an act. Ex. Art. 275, par1, Abandonment of
person in danger/ of failure to render assistance; Art. 213, par. 2(b).Illegal exac1on- for failure to
issue receipt as provided by law; Art. 116, Misprision of treason.
"Punishable by law."
This is the other element of a felony. This is based upon the maxim, "nullum crimen, nulla
poena sine lege," that is, there is no crime where there is no law punishing it.
DOLO
• The act perform with deliberate intent (with malice), the offender in performing an act or
incurring an omission has the inten1on to cause an injury to another.
CULPA
• The act or omission of the offender is not malicious. The injury caused by the offender to
another person is uninten1onal, simply without malice.
Elements of Deceit/Dolo
Freedom- determina1on to do or not to do an act.
• When a person acts without freedom, he is no longer a human being but a tool. ( a knife
that wounds, torch that sets fire) Ex. Art 12, par.5. Compulsion of irresis1ble force; Art.
12, par 6. A person who act under the impulse of uncontrollable fear of an equal or greater
injury, in both cases the offender is exempt from criminal liability.
• Intent presuppose the exercise of freedom and the use of intelligence.
Intelligence- is the moral capacity to determine what is right from what is wrong and to realize
the consequence of one’s act.
Without this power, necessary to determine the morality of human act, no crime can exist.
Intent- a determina1on to do a certain thing, an aim, a purpose of the mind.
The existence of intent is shown by the overt acts of the offender and it is presumed from
the commission of an unlawful act.
NOTES:
• Men rea refers to Dolo which means criminal intent.
• Jus1fying circumstances are based on lack of criminal intent except Par. 4, while exemp1ng
circumstances are based on lack of freedom or intelligence, except par.4,5 and 7.
Elements of Fault/Culpa
1. Freedom;
2. Intelligence;
3. Negligence or Imprudence.
Imprudence
It arises from the deficiency of ac1on in avoiding the injury by reason of lack of skill.
Negligence
Is the failure to foresee the impending injury due to insufficient percep1on, hence, it is
based on lack of foresight. Negligence must be voluntary.
Intent vs Mo:ve
Intent
• Intent Purpose to use par1cular means
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 • Element in a crime
• Always essen1al in inten1onal felonies
Mo:ve
• Impelling reason
• not element
• Essen1al only when iden1ty of the perpetrator is in doubt.
Mala in se – wrong in its nature
-so serious in effect in society as to earn unanimous condemna1on of its members. Requires
criminal intent. Felonies covered by the RPC.
Mala prohibita- wrong because it is prohibited
-viola1on of mere rules of conven1on designed to secure a more orderly regula1on of society.
Mere commission of the prohibited act, regardless of the intent is sufficient. Refers to act
punished by special laws.
Basic Maxims in Criminal Law
Nullum Crimen Nulla Poena Sine Lege
• There is no crime if there is no law punishing it.
Actus Non Facit Reum, Nisi Mens Sit Rea
• The act cannot be criminal where the mind is not criminal.
Actus Me Invito Factus Non Est Meus Actus
• An act done by me against my will is not my act.
El Que Es Causa De La Causa Es Causa Del MalCausado
• He who is the cause of the cause is the cause of the evil caused.
Mistake of Fact
While ignorance of the law excuses no one from compliance therewith (ignoranBa legis
non excusat), ignorance or mistake of fact relieves the accused from criminal liability (ignoranBa
facB excusat).
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.
An honest mistake of fact destroys the presump1on of criminal intent which arises upon
the commission of a felonious act. (U.S. vs. Ah Chong)
Art. 4. Person who incur Criminal Liability
1. By any person commimng a felony (delito) although the wrongful act done be different from
that which he intended.
2. By any person performing an act which would be an offense against persons or property, were
it not for the inherent impossibility of its accomplishment or on account of the employment of
inadequate or ineffectual means.
Requisites:
• Inten1onal felony commiSed;
• Wrong done is the direct, natural and logical consequence of the felony commiSed except
if the act commiSed is with negligence
Proximate cause
Cause which is the natural and con1nuous sequence unbroken by efficient intervening
cause produces injury and without which the result would not have occurred.

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3 Scenarios under Ar:cle 4
1. Error in personae-mistake in Iden1ty of the vic1m
2. Abera:o ictus-mistake in blow
3. Praeter inten:onem-resul1ng injury is greater than the one which intended
Impossible Crime
• Requisites of impossible crime:
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 cons1tute a viola1on
of another provision of the Revised Penal Code.
Art.5- Duty of courts
• If charge is not punishable but court deems it proper to repress, DISMISS charge and
suggest it made subject of penal legisla1on to President through Secretary of Jus1ce;
• In case of excessive penalty: impose penalty provided by law and recommend grant of
Execu1ve Clemency form the President through Secretary of Jus1ce.
FELONIES ARE CLASSIFIED AS FOLLOWS
1.According to the manner of their commission
2.According to the stages of their execu1on
3.According to their gravity
Manner of Commission
a. Inten:onal felonies or those commiSed with deliberate intent; and
b. Culpable felonies or those resul1ng from negligence, reckless imprudence, lack of foresight or
lack of skill
According to the Stages of Their Execu:on
Under Art. 6, they are classified as:
• ASempted
• Frustrated
• Consummated
Note:
• The classifica1on of stages of a felony in Ar1cle 6 are true only to crimes under the
Revised Penal Code. It does NOT apply to crimes punished under special laws. However,
even certain crimes which are punished under the Revised Penal Code do not admit of
these stages.
Stages of execu:on
1. AHempted-offender commences commission of a felony directly by overt act, and does
not perform all the acts of execu1on which should produce the felony by reason of some
cause or accident other than his own spontaneous desistance.
2. Frustrated-offender performs all the acts of execu1on which would produce felony as a
consequence but which do not produce it by reason of causes independent of will of
perpetrator.
3. Consummated-all the elements necessary for execu1on and accomplishment are present.

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OVERT ACT-some physical ac1vity or deed, indica1ng inten1on to commit a par1cular crime,
more than a mere planning or prepara1on, which if carried to its complete termina1on following
its natural course, without being frustrated by external act obstacles nor by voluntary desistance
of the perpetrator, will logically and necessarily ripen into a concrete offense.
Ex. If A bought a poison from a drugstore, in prepara1on for the killing of B by means of poison,
such act is only a PREPARATORY ACT. It is not an overt act, because it has no direct connec1on
with the crime of murder which A intended to commit. But if A mixed the poison with the food
of B, the laSer put into his mouth, the act of A is more than mere planning or prepara1on for the
crime of murder.
• Drawing or trying a draw a pistol is not an overt act of homicide.
• The external act mush have a direct connec:on with the crime intended to be
commiHed by the offender.

INDETERMINATE OFFENSE
One where the purpose of offender in performing an act is not certain. Its nature in
rela1on not its objec1ve is ambiguous.
Ex. A who enter a hole in the house of B when apprehended is not liable of aSempted robbery
because it does not show the final objec1ve of the offender at the 1me of his apprehension. He
maybe there to rob or to cause harm or injury or commit other offense.
Spontaneous desistance of the accused is exculpatory only (a) if made during the aSempted
stage, and (b) provided the act already commiSed do not cons1tute any other offense.

Subjec:ve phase –is that por1on of the acts cons1tu1ng the crime, star1ng from the point where
the offender begins the commission of the crime to the point where he has s1ll control over his
acts, including their acts natural cause
• If he has not passed the subjec1ve phase: aSempted
• Passed but not produce: frustrated
• Objec1ve phase- accomplish the crime.
SP + OP=consummated
How to determine whether the crime is only aHempted or frustrated or it is consummated?
(1) the nature of the offense
(2) the elements cons1tu1ng the felony
(3) the manner of commimng the
same, must be considered.
Manner of commi_ng the crime
Formal crimes — consummated in one instant, no aLempt.
-There are crimes, like slander and false tesBmony, which are consummated in one instant,
by a single act.
Material crimes — There are three stages of execu1on.
-Thus, homicide, rape, etc., are not consummated in one instant or by a single act. These
are the material crimes
Light felonies when punished:
• Only when consummated, except:
1. Against person; and
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 2. Against property
3. Only principal and accomplice are punished.
Conspiracy
There is conspiracy when two or more persons come to an agreement concerning
commission of felony and decide to commit it.
• Conspiracy and Proposals is not a crime EXCEPT when the law specifically provides a
penalty therefor.
1. Conspiracy punished:
• Treason;
• Rebellion, Insurrec1on;
• Coup d’ etat
• Sedi1on
2. Under special laws
• Arson
• Malicious damage to property by explosives or incendiary
• Espionage/crimes against na1onal security
• Dangerous drug act.
• Terrorism
Proposals
when the person has decided to commit felony proposes its execu1on to some other
person/s.
Proposal punished
1. RPC
• Treason
• Rebellion, Insurrec1on
• Coup d’ etat
2. Special laws
• Malicious damage/destruc1on of any building by explosives or incendiary
• Accepted proposal=conspiracy
Classifica:on of Felonies
1. Grave-law aSaches capital punishment or penalty or any of their periods are afflic1ve.
2. Less grave-law punishes with penalty in maximum period is correc1onal.
3. Light- Law provides penalty of arresto menor or fine not more than P200 or both.
Offense not subject of the RPC:
1. Offenses punished by special laws: not subject to provision of RPC.
2. RPC supplementary to special laws, unless otherwise provided.
Imputability
Is the quality by which an act may be ascribed to a person as its author or owner. It implies
that the act commiSed has been freely and consciously done and may, therefore, be put down to
the doer as his very own.
Responsibility
Is the obliga1on of suffering the consequences of crime. It is the obliga1on of taking the
penal and civil consequences of the crime.
The circumstances affec:ng criminal liability:
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 1. Jus:fying circumstances-act of person is in accordance with law. And is deemed not have
transgressed the law and is free from both civil and criminal liability.
2. Exemp:ng circumstance- (non-imputability) exemp1on from punishment because there
is wan1ng in the agent of the crime any of the condi1on which make the act voluntary or
negligent.
3. Mi:ga:ng circumstances-those which, if present in the commission of the crime, do not
en1rely free the actor from criminal liability but only serve to reduce the penalty.
4. Aggrava:ng circumstances- those which, if aSendant in the commission of crime, served
to increase the penalty but without exceeding maximum penalty provided by law.
5. Alterna:ve circumstances-aggrava1ng or mi1ga1ng according to the nature and effect of
the crime and other condi1ons aSending its commission.
Art 11. Jus:fying Circumstances
• No civil liability except under par.4
1. Self defense- of his person or rights
Elements:
a) Unlawful aggression (indispensable requirement);
b) Reasonable necessity of the means employed to prevent or repel it; and
c) Lack of sufficient provoca:on on the part of the person defending himself.
Unlawful aggression-peril to one’s life, limb or right which is either actual or imminent.
-is equivalent to assault or at least threatened assault of an immediate and imminent kind.
Stand ground when in the right- a person need not retreat to an unlawful aggressor but must
fight back.
“BaHered Woman Syndrome” postulated as being equivalent to self-defense. The characteris1cs
are:
1. The woman believes that the violence was her faulty;
2. She is unable to place the responsibility for the violence elsewhere;
3. She fears for her life and the life of her children; and she has the ra1onal belief that the abuse
is omnipresent and omniscient. (R.A. 9262-VAWC)
Defense of Rela:ves
Rela1ves that can be defended:
1. Spouse;
2. Ascendant;
3. Descendant;
4. Legi1mate, natural or adopted brothers and sisters;
5. Rela1ve by affinity within the same degrees; or
6. Rela1ves by consanguinity within the 4th civil degree.
Elements:
a) Unlawful aggression;
b) Reasonable necessity of the means employed to repel or prevent it.
c) In case the provoca1on was given by rela1ves, one making the defense had no part
therein.
Defense of Stranger
Ø Unlawful aggression
Ø Reasonable necessity of the means employed to prevent or repel the aSack;
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 Ø The person defending be not induced by revenge, resentment or other evil mo1ve.

A rela1ve not included in defense of rela1ve is included in defense of stranger.

Avoidance of greater evil or injury
Elements:
a) Evil sought to be avoided actually exist;
b) Injury feared to be greater than that to avoid it; and
c) There is no other prac1cal and less harmful means of preven1ng it.
-Civil liability to be borne by person/s in propor1on to benefit received.
Fulfilment of duty or lawful exercise of right of office.
Elements:
• Accused acted in performance of duty or in lawful exercise of office; and
• Injury caused or offense commiSed is necessary consequence of due performance of duty
or lawful exercise of such right or office.
-Doctrine of self-help
Notes:
• Killing by a policeman of an escaping prisoner is presumed to be commiSed in the
performance of his duty. But only absolute necessity would authorize the police officer to
fire at the prisoner.
• The lawful exercises of a right exist if the owner or possessor of a thing employs
reasonable force to repel or prevent an actual or threatened unlawful physical invasion of
his property.
Obedience to an order issued for some lawful purpose.
Elements:
a) Order issued by superior;
b) For some lawful purpose; and
c) Means used to carry out the order is lawful.
Exemp:ng Circumstances
There is a crime but no criminal liability; with civil liability except par.4 and 7
1. Imbecile or insane person, except when the laSer acted during lucid interval.
-presump1on is in favour of sanity.
Notes:
The test of imbecibility or insanity is complete depriva1on of intelligence in the commission of
the act, that is the accused acted without the least discernment.
The law presumes that every man to be sane. If the accused interposes the defense of mental
insanity, the burden of establishing such fact rest upon him.
Imbecility dis:nguished from insanity
While the imbecile is exempt in all cases from
criminal liability, the insane is not so exempt if it can be shown that he acted during a lucid interval.
During lucid interval, the insane acts with intelligence.
An imbecile is one who, while advanced in age, has a mental development comparable to that of
children between two and seven years of age
An imbecile within the meaning of Art. 12 is one who is deprived completely of reason or
discernment and freedom of the will at the 1me of commimng the crime.
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Who has the burden of proof to show insanity?
The defense must prove that the accused was insane at the 1me of the commission of the crime,
because the presump1on is always in favor of sanity.
Paragraph 3, Ar1cle 12 RPC impliedly repealed by Republic Act No. 9344
"Sec1on 6. Minimum Age of Criminal Responsibility.
Ø A child fiveen (15) years of age or under at the 1me of the commission of the offense shall
be exempt from criminal liability. However, the child shall be subject to an interven1on
program pursuant to Sec1on 20 of this Act.
Ø A child above fiveen (15) years but below eighteen (18) years of age shall likewise be
exempt from criminal liability and be subjected to an interven1on program, unless he/she
has acted with discernment, in which case, such child shall be subject to the appropriate
proceedings in accordance with this Act.
The exemp1on from criminal liability herein established does not include exemp1on from civil
liability, which shall be enforce in accordance with exis1ng laws."
Discernment
Mental capacity to understand the difference between right and wrong.
Accident
Any person who, while performing a lawful act with due care, causes an injury by mere accident
without fault or inten1on of causing it.
Elements:
• Performance a lawful act;
• With due care;
• Causes injury to another by mere accident;
• Without fault or inten1on of causing it.
Damnu Absque Injuria-damage without injury refer to Art.67 when all the requisites of
exemp1on of Art.12(4) are present. Do not apply Art.12 (1).
Irresis:ble force
1. That the compulsion is by means of physical force.
2. That the physical force must be irresisBble.
3. That the physical force must come from a third person.
Uncontrollable fear
Elements:
• Threat which causes fear is of an evil greater or at least equal to that which is required to
commit; and
• Promises an evil of such gravity and imminence ordinary man would have succumbed to
it.
Insuperable or lawful cause
Any person who fails to perform an act required by law, when prevented by some lawful or
insuperable cause.
Elements:
• An act is required by law to be done
• Person fails to perform such act
Failure to perform due to lawful or insuperable cause.
Absolutory causes
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-person commiSed a crime but no penalty by reason of public policy
• Ins1ga1on-public officer or private detec1ve induces an innocent person to commit a
crime and would arrest him upon or aver the commission of the crime by him;
• Entrapment-a person has planned or s about to commit a crime and ways and means are
resorted to by a public officer to trap and catch the criminal; not a defense.
Examples:
1. Essen1al elements of crime charged do not proved and/or elements proved do not
cons1tute a crime.
2. Spontaneous desistance in aSempted stage and no other crime was commiSed;
3. ASempted or frustrated light felony and not against person or property;
4. Accessory is rela1ve of principal;
5. Legal grounds for arbitrary deten1on;
6. Legal grounds for trespass;
7. Thev, swindling or malicious mischief commiSed against a rela1ve;
8. Physical injuries under excep1onal circumstances;
9. Marriage of offender with the offended party when the crime commiSed is seduc1on,
acts of lasciviousness, rape and seduc1on;
10. Guilt not established beyond reasonable doubt;
11. Prescrip1on of crime; and
12. Pardon by offended party before ins1tu1on of criminal ac1on in crimes against
chas1ty.
Mi:ga:ng Circumstances
are those which, if present in the commission of the crime, do not en1rely free the actor
from criminal liability, but serve only to reduce the penalty.
Basis
Mi1ga1ng circumstances are based on the diminuBon of either freedom of ac1on,
intelligence, or intent, or on the lesser perversity of the offender.
Classes:
1. Ordinary-can be offset by generic aggrava1ng circumstances.
2. Privilege- has the capacity to go down by degree/s.
• More than 9 but less than 18: penalty always lower by at least 1 or 2 degrees than that
prescribe by law;
• Incomplete jus1fying or exemp1ng; lower by degree than that prescribe by law but
majority of the condi1ons must be present.
• Two or more mi1ga1ng and no aggrava1ng: lower by one degree
1. Incomplete jus1fying or Exemp1ng Circumstances
• self-defense, defense of rela1ve and stranger, it is essen1al that unlawful aggression be
present, otherwise there can be no such defense, whether complete or incomplete.
• unlawful aggression must always be present and of the requisites is absent, Art.13, par. 1
applies.
• in case of accident: governed by Art. 67, RPC
Offender is over 70 year of age.
a. more than 9 but less than 18 who acted with discernment-lower by two degrees always.
b. 10 or over but less than 18-lower by one degree at least
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No intent to commit a wrong as that commiHed.
• - there must be a notable and evident dispropor1on of the means employed to execute
the criminal act.
• What is important is the inten1on when commiSed and not the inten1on as planned.
Notes:
• This is the effect of praeter inten1onem
Sufficient provoca:on or threat immediately preceded the act.
Elements:
• Provoca1on must be sufficient;
• Originated from the offended party; and
• Immediate to the act.
Immediate Vindica:on of a Grave Offense
Elements:
• Grave offense done to the one commimng the felony, his spouse, ascendant, descendant,
legi1mate natural or adopted brother or sisters, or rela1ves by affinity within the same
degrees; and
• Felony commiSed in vindica1on.
Passion and Obfusca:on
Elements:
• Accused acted upon an impulse;
• Impulse so powerful it naturally produced passion and obfusca1on in offender
• Act both unlawful and sufficient to produce such condi1on of mind; and
• Act that produced obfusca1on is not far removed from the commission of the crime by a
considerable length of 1me during which the perpetrator might recover his normal
equanimity. (immediate) “length of 1me is material element”
Voluntary Surrender/ Confession of Guilt
Elements-Surrender:
• Offender not actually arrested;
• Surrender to person in authority;
• Surrender voluntary.
Surrender must be spontaneous, as when:
• To acknowledge guilt; or
• To save the government trouble and expense of search
Offender is Deaf and Dumb and Blind
The physical defect contemplated in this mi1ga1ng circumstance must affect the means
of ac1on, defense or communica1on of the offender with his fellow beings. The nature of the
offense is, therefore, to be considered as to whether such physical defect is mi1ga1ng.
Such illness of the offender as would diminish the exercise of the will-power of the offender
without however depriving him of consciousness of his acts”
Analogous Mi:ga:ng Circumstances
“Such analogous mi1ga1ng circumstances are similar to par. 1 to 9 of Art. 13”
AGGRAVATING CIRCUMSTANCES
Four kinds of aggrava:ng circumstances.
1. Generic — Those that can generally apply to all crimes.
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Example — Dwelling, nighmme, or recidivism.
In Art. 14, the circumstances in paragraphs Nos. 1, 2, 3 (dwelling), 4,5,6,9,10,14,18,19,and 20,
except "by means of motor vehicles," are generic aggrava1ng circumstances.
2. Specific — Those that apply only to par1cular crimes.
Example — Ignominy in crimes against chas1ty or cruelty and treachery in crimes against persons.
In Art. 14, the circumstances in paragraphs Nos. 3 (except dwelling),15,16,17 and 21 are specific
aggrava1ng circumstances.
3. Qualifying — Those that change the nature of the crime.
Example — Alevosia (treachery) or evident premedita1on qualifies the killing of a person to
murder. Art. 248 enumerates the qualifying aggrava1ng circumstances which qualify the killing of
person to murder.
4. Inherent — Those that must of necessity accompany the
commission of the crime. (Art. 62, par. 2)
Example — Evident premedita1on is inherent in robbery, thev, estafa, adultery and concubinage.

Taking Advantage of Official Posi:on

• The offender is a public officer who availed of the influence or reputa1on inherent in his
posi1on for the purpose of commimng crime.
• Not appreciated when it is inherent element of crime
Contempt or Insult to Public Authori:es
Elements:
• Public authority is engage in the exercise of his func1on;
• He is not the person against whom the crime is commiSed;
• Offender knows him to be public authority; and His presence has not prevented the
offender from commimng crime
Disregard of Rank, Age, or Sex and Dwelling of Offended Party
• Present when the act be commiSed:
a. with insult or disregard of respect due the offended party on account of his (1) rank, (2) age,
(3) sex; or
b. in the dwelling of the offended party, if laSer has not given provoca1on.
Dwelling –place for peace of mind, rest, comfort and privacy. Includes dependencies, staircase,
and enclosure under the house.
Abuse of Confidence of Obvious Ungratefulness
Elements:
• Trust
• Abuse such trust; and
• Abuse facilitated commission
Crime commiHed in:
a. Palace of the Chief Execu:ve
• In his Presence; where public authori1es are engage in discharge of du1es; and place
dedicated to religious worship.
Nigh:me, Uninhabited Place, Band
These circumstances maybe appreciated if:
• Especially sought to insure commission of crime, or
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Offender took advantage thereof with impunity:
• Commission must begin and end’s at night
Calamity
CommiSed on occasion of:
a. conflagra1on
b. shipwreck
c. earthquake
d. epidemic
e. other calami1es or misfortune
Aid of Armed Men, etc.
• Armed men took part in commission of crime directly or indirectly; and
• Accused availed of their aid or relied on them when crime was commiSed.
-aid of armed men is absorbed in band if there are at least 4 armed armed men, otherwise, they
are to be separated
Accused is a Recidivist
Elements:
• Offender is on trial for an offense
• He was previously convicted by final judgment of another
• Both the 1st and 2nd offense are embraced in the same 1tle of RPC
• Offender is convicted of the new offense
Reiteracion or Habituality
Elements:
• Accused is on trial for an offense;
• He has not previously served sentenced for another offense to which the law aSaches an
equal or greater penalty, or for two or more crimes to which it aSaches lighter penalty
than that for the new offense; and
• that he is convicted of the new offense.
Habitual Deliquency -within 10 years from the last release or last convic1on of the crime of
falsifica1on , robbery, estafa Thev, serious physical injuries, the offender is found guilty of any of
the said crime a 3rd 1me or ovener.
• 10 years either form last release or last convic1on.
Quasi-Recidivism -commits a felony aver having been convicted by final judgment, before
beginning to serve such, or while serving the same, shall be punished by maximum penalty
prescribe by the new felony.
In considera:on of Price, Reward or Promise
• must be for the purpose of inducing another to perform the act.
• Not considered if given aver the crime was commiSed without previous promise.
Crime CommiHed by Means of Inunda:on, Fire, Explosion; Poison; Straddling of the Vessel or
inten:onal damage thereto; Derailment of Locomo:ve; Use of any other Ar:fice involving
Great waste and Ruin.
Evident Premedita:on
Elements:
• The prosecu1on must prove:
• Time when the offender determined to commit the crime;
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 • Act manifes1ng that the culprit has clung to his determina1on;
• Sufficient lapse of 1me between the determina1on and execu1on to allow him to reflect
upon the consequence of his act.
“ deliberate planning of act before execu1on”
Cral/Fraud and Disguish
• Crav- cunnning or intellectual machinery. May be absorbed in treachery
• Fraud-deceit; manifested by insidious words or machina1ons.
• Disguise-conceal iden1ty; not aggrava1ng if it did not facilitate commission.
The test of disguise is whether the device or contrivance resorted to by the offender was
intended to or did make iden1fica1on more difficult, such as use of mask.
Superior Strength or Means to Weaken Defense
• Excessive force out propor1on to weaken the defense
• Notorious inequality of forces
• Deliberate intent to take advantage of superior strength
Treachery “Alevosia”
Elements:
• Accused employed means, method or forms of execu1on which tend to insure his safety
from any offensive or retaliatory act on part of offended party; no opportunity was given
to laSer to do so; and
• Means, method or manner of execu1on was deliberately or consciously shown.
Ignominy
• Adds disgrace and obloquy
• Must be deliberate
Unlawful entry
• When the entrance to building is made by way not intended for purpose.
• Made for the purpose of commimng a crime.
• It must be for the purpose of entry and not escape.
• Alleged in informa1on to qualify thev to robbery
• Cannot considered in trespass to dwelling.
Aid of Minor or By Means of Motor Vehicle
• Minor less than 15 years old
• By means of motor vehicle, motorized watercrav or similar means
• Vehicle be purposely used to facilitate crime, without which crime cannot be commiSed
or used to insure success of commission; not appreciated when used as a means to
escape.
• Motor vehicle must have been for the purpose of ensuring the success of their criminal
enterprise. It must be shown that without it the offense charge could not have been
commiSed.
Cruelty
• Deliberate inten1on to prolong physical sufferings of vic1m.
Ignominy –moral suffering
Cruelty- physical suffering
ALTERNATIVE CIRCUMSTANCES

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Are those which must be taken into considera1on as aggravat ing or mi1ga1ng according to the
nature and effects of the crime and the other condi1ons aSending its commission.
Kinds:
• Rela1onship
• Intoxica1on
• Degree of instruc1on and educa1on with homicide
Persons Criminally Liable
Only natural persons can be offenders
• Grave and Less grave felonies: Light Felonies:
1. Principal 1. Principal
2. Accomplice 2. Accomplice
3. Accessory
1. Principals
Kinds of principals
(a) Principal by Direct Par1cipa1on - those who ake direct part in the commission of crime;
(b) Principal by Induc1on- those who directly by force or induce others to commit it; or
(c) Principal by Indispensable coopera1on- those who cooperate in commission of offense by
another without which it would not have been accomplished.
Accomplice
• The coopera1on that the law punishes is the assistance knowingly or inten1onally
rendered, which cannot exist without previous cognizance of the criminal act intended to
be executed.
• Person who, not being principal, cooperates in the execu1on of the offense by previous
or simultaneous acts.
• A rela1on must exist between act of principal and that commiSed by accomplice.
Accesories
They are neither principals nor accomplice but:
1. have knowledge of the commission of the crime;
2. take part subsequent to its commission in any of the following manner:
• By profi1ng themselves or assis1ng the offender to profit from effects of the crime.
• By concealing or destroying corpus delic1 or the effects or instruments thereof, in order
to prevent its discovery.
• By harbouring, concealing or assis1ng an escape of principal if he acts with abuse of public
func1on or when author of crime is guilty of treason, parricide, murder or aSempt on the
life of Chief execu1ve or is known to be habitually guilty of some other crime.
Accessories exempt from Criminal Liability:
Those with respect to their:
1. spouse
2. ascendant
3. descendant
4.legi1mate, natural or adopted brothers and sisters
5. rela1ve by affinity within the same degree
PROVIDED
• They do not profit or assist the offender to profit from the effects of the crime.
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EXCEPT PARAGRAPH 1 of Art 19.
Penalty
is the suffering that is inflicted by the State for the transgression of a law.
Juridical Condi1ons of Penal1es:
Classifica:on of Penal:es
1. According to divisibility
• Indivisible-no fixed dura1on
• Divisible-with fixed dura1on
2. According to gravity
• Afflic1ve
• Correc1onal
• Light
3. According to subject maHer
• Depriva1on of freedom
• Restric1on of freedom
• Depriva1on of rights
• Suspension
Scale of Penal:es
1. PRINCIPAL PENALTIES- those expressly imposed by the court in the judgment of convic:on
Afflic:ve Penal:es:
• Reclusion Perpetua
• Reclusion Temporal
• Perpetual or Temporary Absolute Disqualifica1on
• Perpetual or Temporary Special Disqualifica1on
• Prision Mayor
Correc:onal Penal:es:
• Prision Correc1onal
• Arresto Mayor
• Suspension
• Des1erro
Light Penal:es
• Arresto Menor
• Public Censure
ACCESSORY PENALTIES -those that are deemed included in the imposi:on of the principal
penal:es.
a) Perpetual or Temporary Absolute Disqualifica1on
b) Perpetual or Temporary Special Disqualifica1on
c) Suspension from public office, the right to vote and be voted for, the exercise of profession
or calling.
d) Civil Interdic1on
e) Indemnifica1on
f) Forfeiture or confisca1on or instrument and proceeds of offense
g) Payment of Cost
Costs
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 Shall include fees and indemni1es in the course of the judicial proceedings, whether they
be fixed or unalterable amounts previously determined by law or regula1ons in force, or amounts
not subject to schedule.
Penalty to be imposed upon principals in general. — The penalty prescribed by law for the
commission of a felony shall be imposed upon the principals in the commission of such felony.
Whenever the law prescribes a penalty for a felony is general terms, it shall be understood
as applicable to the consummated felony.
COMPLEX CRIMES
Two kinds of complex crimes:
1. Compound crime (delito compuesto)-When a single act cons1tutes two or more grave or less
grave felonies.
2. Complex crime proper (delito complejo)-When an offense is a necessary means for commimng
the other.
Plurality of crimes consist in the successive execu1on by the same individual of different acts
upon any of which no convic1on has yet been declared.
Con:nuing Crime (delito con:nuado)
• A single act consis1ng of series of acts arising from one criminal resolu1on and is therefore
not a complex crime. The reason is that neither the criminal act nor the inten1on is
suscep1ble of division.
• The reason is that neither the criminal act not the inten1on is suscep1ble of division.
Penal:es to be imposed upon,
• This rule does not apply when specifically provides for penalty for aSempted and
frustrated; accomplice and accessory.

• The 0 is the penalty provided for by law iden1fied as principal and/or consummated.
0-means no change
1-1 degree lower 2- 2 degree lower
3- 3 degree lower 4-4 degree lower
Ex:nc:on Of Criminal Liability
Criminal Liability is Totally ex1nguished:
1. death of the convict, as to personal penal1es; and as to pecuniary penal1es, when the death
occurs before final judgement;
2. service of sentence;
3. amnesty
4.absolute pardon
5. prescrip1on of the crime
6. prescrip1on of the penalty; or
7. marriage of the offended
Prescrip>on of the crime is the forfeiture or loss of the right of the State to prosecute the offender
aver the lapse of a certain 1me.
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Prescrip>on of the penalty is the loss or forfeiture of the right of the Government to execute the
final sentence aver the lapse of a certain 1me.
How crime prescribed?
The moment it was discovered by the offended party or the authori1es, prescrip1on commence
to run.
1. Death, reclusion perpetua or reclusion temporal-20 years
2. Other afflic1ve penal1es-15 years
3. Correc1onal penalty-10 years except arresto mayor-5 years
4. Libel or other similar offenses-1 year
5. Oral defama1on and slander by deed-6 months
6. Light offenses-2 months
Prescrip:on of Penalty
The period of prescripBon of penalBes commences to run from the date when the culprit evaded
the service of his sentence
1. Death, reclusion perpetua or reclusion temporal-20 years
2. Other afflic1ve penal1es-15 years
3. Correc1onal penalty-10 years except arresto mayor-5 years
4. Light penal1es-1 year
Civil liability of Persons Guilty of Felony
• Every person criminally liable for a felony is also civilly liable.
• If no damage, no civil liability even if there is criminal liability.

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 CRIMINAL LAW BOOK 2

CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

TREASON- is a breach of allegiance to a government, commiSed by a person who owes allegiance
to it.
Elements:
• Offender is a Filipino ci1zen or an alien resident;
• A war in and Philippines is involved; and
• Offender either –Levies war against the government; or
• Adheres to enemies, giving aid or comfort
Allegiance – obliga1on of fidelity and obedience which individuals owe to the government under
which they live or to their sovereign, in return for protec1on they receive
Treason is a war crime – punished by State as a measure of self-protec1on.
Persons liable:
• Filipino – permanent allegiance; can commit treason anywhere
• Alien Residing – temporary allegiance; can commit treason only while residing in
Philippines
NOTE: Treason commiSed in a foreign country may be prosecuted in the Philippines (Art.2, RPC)
• Treason by an alien must be commiSed in the Philippines.
Ways to commit treason:
Levying war against government requires:
• Actual assembling of men
• Purpose of execu1ng a treasonable design, by force
Adheres to enemies – the following must concur together:
• Actual adherence
• Give aid or comfort
Adherence to the enemy
The phrase "adherence to the enemy" means intent to betray. There is when a ci1zen intellectually
or emoBonally favors the enemy and harbors sympathies or convic1ons disloyal to his country's
policy or interest.
Aid or comfort
• The phrase "aid or comfort" means an act which strengthens or tends
• to strengthen the enemy in the conduct of war against the traitor's country
• and an act which weakens or tends to weaken the power of the traitor's
• country to resist or to aLack the enemy.
Ways of proving treason.
• A person may be convicted of treason on any of the following evidence only:
1. Tes1mony of two witnesses, at least, to the same overt act; or (TWO WITNESS RULE)
2. Confession of the accused in open court.
Conspiracy and proposal to commit treason
Conspiracy to commit treason is commiSed when in Bme of war, two or more persons
come to an agreement to levy war against the Government or to adhere to the enemies and to
give them aid or comfort, and decide to commit it.

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 Proposal to commit treason is commiSed when in Bme of war a person who has decided
to levy war against the Government or to adhere to the enemies and to give them aid or comfort,
proposes its execu1on to some other person or persons.
Misprision of treason
Elements:
1. That the offender must be owing allegiance to the Government, and not a foreigner.
2. That he has knowledge of any conspiracy (to commit treason) against the Government.
3. That he conceals or does not disclose and make known the same as soon as possible to the
governor or fiscal of the province or the mayor or fiscal of the city in which he resides.
Espionage.- The penalty of prision correccional shall be inflicted upon any person who:
1. Without authority therefor, enters a warship, fort, or naval or military establishment or
reserva1on to obtain any informa1on, plans, photographs, or other data of a confiden1al nature
rela1ve to the defense of the Philippine Archipelago; or
2. Being in possession, by reason of the public office he holds, of the ar1cles, data, or
informa1on referred to in the preceding paragraph, discloses their contents to a representa1ve
of a foreign na1on.
Inci:ng to war or giving mo:ves for reprisals.
ELEMENTS:
• Offender performs unlawful and unauthorized acts;
• Such acts provoke or give occasion for a war involving or liable to involve the Philippines
or expose Filipino ci1zens on reprisals on their persons or property.
Viola:on of neutrality
Elements:
1. That there is a war in which the Philippines is not involved;
2. That there is a regula1on issued by competent authority for the purpose of enforcing neutrality;
3. That the offender violates such regula1on.
Neutrality
A na1on or power which takes no part in a contest of arms going on between others is referred
to as neutral.
Correspondence with hos:le country
1. That it is in 1me of war in which the Philippines is involved;
2. That the offender makes correspondence with an enemy country or territory occupied by
enemy troops;
3. That the correspondence is either —
(a) prohibited by the Government, or
(b) carried on in ciphers or convenBonal signs, or
(c) containing noBce or informaBon which might be useful to the enemy.
• CORRESPONDENCE – communica1on by means of leSers or it may refer to the leSers
which pass between those who have friendly or business rela1ons
Flight to enemy's country
ELEMENTS:
• A war in which the Philippines is involved;
• Offender owes allegiance to the government
• Offender aSempts to flee or got to enemy country; and
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 • Going to enemy country prohibited by competent authority.
Piracy in general and mu:ny on the high seas
• Two ways or modes of commimng piracy:
1. By aLacking or seizing a vessel on the high seas or in Philippine waters;
2. By seizing in the vessel while on the high seas or in Philippine waters the whole or part of its
cargo, its equipment or personal belongings of its complement or passengers.
• PIRACY – it is robbery or forcible depreda1on on the high seas without lawful authority
and done with animo furandi and in the spirit and inten1on of universal hos1lity.
• MUTINY – the unlawful resistance to a superior, or the raising of commo1ons and
disturbances on board a ship against the authority of its commander.
Qualified Piracy
(a) Whenever the offenders have seized the vessel by boarding or firing upon the same;
(b) Whenever the pirates have abandoned their vicBms without means of saving the vicBm.
(c) Whenever the crime is accompanied by murder, homicide, physical injuries, or rape.
R.A. NO. 6235 ANTI-HIJACKING LAW
Acts punishable:
• By compelling a change in the course or des1na1on of an aircrav of Philippine registry, or
seizing or usurping the control thereof while it is in flight;
• By compelling an aircrav of foreign registry to land in Philippine territory or seizing or
usurping the control thereof while it is the said territory; and
• By shipping, loading, or carrying in any passenger aircrav opera1ng as a public u1lity
within the Philippines, any explosive, flammable, corrosive or poisonous substance or
material.
IN FLIGHT – From the moment all the exterior doors are closed following embarka1on un1l the
same doors are again opened for disembarka1on.
CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE
Arbitrary Deten>on
Elements:
1. That the offender is a public officer or employee (whose official du1es include the authority to
make an arrest and detain persons);
2. That he detains a person; and
3. That it was without legal grounds.
NOTE:
1. Arbitrary deten1on is the depriva1on by a public officer of the liberty of a person without any
legal ground.
2. Private individuals who conspire with public officers can be liable as principals.
3. Public officers who are not vested with authority to detain or order the deten1on of persons
accused of a crime or exceed their authority may be liable for illegal deten1on because they are
ac1ng in their private capacity.
4. The law does not fix any minimum period of deten1on.
When is there a deten:on?
Deten1on is defined as the actual confinement of a person in an enclosure, or in any manner
detaining and depriving him of his liberty.
Legal grounds for the deten:on of any person.
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The following are legal grounds for the deten1on of any person:
(a) The commission of a crime;
(b) Violent insanity or any other ailment requiring the compulsory confinement of the pa1ent in
a hospital.
Arrest without warrant — When lawful.
A peace officer or a private person may, without a warrant, arrest a person:
(a) When, in his presence, the person to be arrested has commiSed, is actually commimng, or is
aSemp1ng to commit an offense;
(b) When an offense has in fact just been commiSed, and he has probable cause to believe based
on personal knowledge of facts and circumstances that the person to be arrested has commiSed
it; and
(c) When the person to be arrested is a prisoner who has escaped from a penal establishment or
place where he is serving final judgment or temporarily confined while his case is pending, or has
escaped while being transferred from one confinement to another.
Delay in the Delivery of Detained Persons to the Proper Judicial Authori:es
Elements:
1. That the offender is a public officer or employee.
2. That he has detained a person for some legal ground.
3. That he fails to deliver such person to the proper judicial authori1es within:
a. twelve (12) hours, for crimes or offenses punishable by light penal1es, or their equivalent; or
b. eighteen (18) hours, for crimes or offenses punishable by correcBonal penalBes, or their
equivalent; or
c. thirty-six (36) hours, for crimes or offenses punishable by afflic1ve or capital penal1es, or their
equivalent.
Delaying Release
Elements:
• That the offender is a public officer or employee;
• That there is a judicial or execu:ve order for the release of a prisoner or deten1on
prisoner, or that there is a proceeding upon a pe11on for the libera1on of such person;
• That the offender without good reason delays:
• the service of the no1ce of such order to the prisoner, or
• the performance of such judicial or execu1ve order for the release of the prisoner, or
• the proceeding upon a pe11on for the release of such person.
NOTE: Wardens and jailers are the persons most likely to violate this provision.
Expulsion
Elements:
• The offender is a public officer or employee;
• That he expels any person from the Philippines, or compels a person to change his
residence; and
• The offender is not authorized by law.
Acts Punishable:
• by expelling a person from the Philippines; or
• by compelling a person to change his residence.
Viola:on of Domicile
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Acts punishable
1. By entering any dwelling against the will of the owner thereof; or
2. By searching papers or other effects found therein without the previous consent of such
owner; or
3. By refusing to leave the premises, aver having surrep11ously entered said dwelling and
aver having been required to leave the same.
Elements common to three acts:
a. That the offender is a public officer or employee.
b. That he is not authorized by judicial order to enter the dwelling and/or to make a search
therein for papers or other effects.
Search warrants maliciously obtained, and abuse in the service of those legally obtained.
• Acts Punishable:
1. Procuring a search warrant without just cause
Elements:
• That the offender is a public officer or employee;
• That he procures a search warrant; and
• That there is no just cause.
2. Exceeding his authority by using unnecessary severity in execu1ng a search warrant legally
procured
Elements:
• That the offender is a public officer or employee;
• That he has legally procured a search warrant; and
• That he exceeds his authority or uses unnecessary severity in execu1ng the same.
Search Warrant
is an order in wri1ng 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.
Personal property to be seized
(a) Subject of the offense;
(b) Stolen or embezzled and other proceeds or fruits of the offense; or
(c) Used or intended to be used as the means of commimng an offense.
Validity of search warrant.
• A search warrant shall be valid for ten (10) days from its date.
Thereaver, it shall be void.
Searching Domicile Without Witnesses
Elements:
• That the offender is a public officer or employee;
• That he is armed with a search warrant legally procured;
• That he searched the domicile, papers or other belongings of any person; and
• That the owner or any member of his family, or two witnesses residing in the same locality
is not present.
Order of those who must witness the search:
• Homeowner
• Members of the family of sufficient age and discre1on
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 • Responsible members of the community.
CRIME AGAINST PULIC ORDER
Chapter one: Rebellion, Coup d’etat, Sedi:on, and Disloyalty
Rebellion or Insurrec>on
Elements:
• That there be a public uprising and taking arms against the government; and
• That the purpose of the uprising or movement is either:
• to remove from the allegiance to said government or its laws the territory of the
Philippines or any part thereof or any body of land, naval or other armed forces, or
• to deprive the Chief Execu:ve or Congress, wholly or par1ally, of any of their powers or
preroga:ves.
Elements:
• That there be a public uprising and taking arms against the government; and
• That the purpose of the uprising or movement is either:
to remove from the allegiance to said government or its laws the territory of the Philippines or
any part thereof or any body of land, naval or other armed forces, or
to deprive the Chief Execu:ve or Congress, wholly or par1ally, of any of their powers or
preroga:ves.
Persons Liable:
• LEADER- promotes, maintains, and heads a rebellion or insurrec1on.
• DEEMED LEADER (If leader is unknown)- directed others, spoke for them, or signed receipt
in name.
• PARTICIPANT- merely par1cipa1ng or execu1ng the command of leaders.
Coup d’etat
Elements:
• Offender is a person or persons belonging to the military, or police or holding any public
office or employment,
• CommiSed by means of swil aHack, accompanied by violence, in1mida1on, strategy,
threat, or stealth (VISTS);
Directed against:
• duly cons:tuted authori:es of the Philippines
• any military camp or ins1lla1on, communica1on networks, public u1li1es or other
facili1es needed for the exercise and con:nued possession of power
• For the purpose of seizing or diminishing state power.
Conspiracy and Proposal to Commit Coup d’ Etat, Rebellion or insurrec>on
Elements of Conspiracy:
• Two or more persons come to an agreement to rise publicly and take against the
government;
• For any of the purposes of rebellion; and
• They decide to commit it.
Elements of Proposal:
• A person who has decided to rise publicly and take arms against the government;
• For any of the purposes of rebellion; and
• Proposes its execu1on to some other person/s.
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Sedi>on
Elements:
That the offender rise –
• Publicly, and Tumultuously;
• That they employ force, in1mida1on, or other means outside of legal methods; and
• That the offender employ any of those means to aSain any of the following objects:
• To prevent the promulga1on or execu1on of any law or the holding of any popular
elec1on;
• To prevent the na1onal government, or any provincial or municipal government, or any
public officer thereof from freely exercising its or his func1ons, or prevent the execu1on
of any administra1ve order;
• To inflict any act of hate or revenge upon the person or property of any public officer or
employee;
• To commit for any poli1cal or social end, any act of hate or revenge against private persons
or any social class; or
• To despoil, for any poli1cal or social end, any person, municipality or province, or the
na1onal government of all its property or any part thereof.
Conspiracy to Commit Sedi>on
• There must be an agreement and a decision to rise publicly and tumultuous to aSain any
of the objects of sedi1on in order to cons1tute the crime of conspiracy to commit sedi1on.
• There is no proposal to commit sedi1on.
Inci>ng to Sedi>on
Acts punishable:
• Inci1ng others to the accomplishment of any of the acts which cons1tute sedi1on by
means of speeches, proclama1on, emblems, wri1ng, (SPEW) etc.
• UHering sedi1ous words or speeches which tend to disturb the public peace;
• Wri:ng, publishing, or circula1ng scurrilous (vulgar, mean, libelous) libels against the
government or any of the duly cons1tuted authori1es thereof, which tend to disturb the
public peace; or
• Knowingly concealing such evil prac1ces.
Chapter Two: CRIMES AGAINST POPULAR REPRESENTATION
Acts Tending to Prevent the Mee:ng of the Assembly and Similar Bodies
Elements:
• A projected or actual mee:ng of Congress or any of its commiSees or subcommiSees,
cons1tu1onal commissions or commiSees or divisions thereof, or of any provincial board
or city municipal council or board; and
• That the offender who may be any person prevents such mee1ng by force or fraud.
• NOTE: The Chief of Police and mayor who prevented the mee1ng of the municipal council
are liable under Art. 143, when the defect of the mee1ng is not manifest and requires an
inves1ga1on before its existence can be determined.
Disturbance of Proceedings
Elements:

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 • An actual mee:ng of Congress or any of its commiSees, cons1tu1onal commissions or
commiSees or divisions thereof, or of any provincial board or city or municipal council or
board; and
• That the offender does any of the following acts
• He disturbs nay of such mee1ngs
• He behaves while in the presence of any such bodies in such a manner as to interrupt its
proceedings or to impair the respect due it.
Viola:on of Parliamentary Immunity
Acts punishable:
• By using force, in:mida:on, fraud, threat (FIFT) to prevent any member of Congress
from aSending the mee:ng of the assembly or any of its commiSees, subcommiSees,
cons1tu1onal commissions or commiSees or divisions thereof, or from expressing his
opinions or cas1ng his vote.
Elements:
• Offender uses force, in1mida1on, threat or fraud
Purpose is to prevent any member of Congress from:
• ASending the said mee1ngs;
• Expressing his opinions; or
• Cas1ng his vote.
By arres:ng or searching any member thereof while Congress is in a regular or special session,
except in case such member has commiSed a crime punishable under the code by a penalty
higher than prision mayor.
Elements:
• Offender is a public officer or employee;
• He arrests or searches any member of Congress
• Congress, at the 1me of arrest or search is in regular or special session
• Member arrested or searched has not commiSed a crime punishable by a penalty of
prision mayor or higher.
Chapter Three: ILLEGAL ASSEMBLIES AND ASSOCIATIONS
Illegal Assemblies
2 types of illegal assemblies:
• Mee1ng aSended by armed persons for the purpose of commimng any of the crimes
punishable under the Revised Penal Code;
Requisites:
• There’s a mee:ng – gathering or group of persons whether fixed or moving;
• Mee1ng is aSended by armed persons; and
• The purpose of mee:ng is to commit any of the crimes punishable under RPC.
2. A mee1ng in which the audience, whether armed or not, is incited to the commission of the
crimes of treason, rebellion or insurrec1on, sedi1on or assault upon a person in authority or his
agent.
Requisites:
• There’s a mee:ng – gathering or group of persons whether fixed or moving;
• Audience whether armed or not is incited to the commission of the crime of treason,
rebellion or insurrec1on, sedi1on or direct assault.
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Persons liable for illegal assembly:
1. The organizers or leaders of the mee1ng.
2. Persons merely present at the mee1ng.
As illegal assembly is a felony, the persons merely present at the mee1ng must have a common
intent to commit the felony of illegal assembly.
• The absence of such intent may exempt the person present from criminal liability
• Thus, if a person happens to be present at an illegal assembly out of curiosity, he is not
liable.
Illegal associa:ons
2 kinds of illegal associa:ons:
• Organiza1ons totally or par1ally organized for the purpose of commi_ng any of the
crimes in RPC; or
• For some purpose contrary to public morals.
Persons liable:
• Founders, directors and president of the associa1on; and
• Mere members of the associa1on
Illegal associa1on dis1nguished from illegal assembly.
• In illegal assembly, it is necessary that there is an actual meeBng or assembly, in illegal
associa1on, it is not necessary that there be an actual mee1ng.
• In illegal assembly, it is the meeBng and aLendance at such mee1ng that are punished; in
illegal associa1ons, it is the act of forming or organizing and membership in the
associa1on that are punished.
Direct Assault
2 Ways to commit direct assault:
1. Without public uprising, by employing force or in1mida1on for aSainment of any of the
purpose enumerated in defining the crimes of rebellion and sedi1on.
Elements:
• Offender employs force or in:mida:on;
• Aim of offender is to aSain any of the purposes of the crime of rebellion or sedi1on; and
• That there is no public uprising.
2. Without public uprising, by aHacking, by employing force or by seriously in:mida:ng or by
seriously resis:ng any person in authority or any of his agents, while engaged in the performance
of official du1es, or on the occasion of such performance (second form).
DIRECT ASSAULT MAY BE COMMITTED UPON A PRIVATE PERSON
• Direct assault may be commiSed upon a private person who comes to the aid a person in
authority since he is then considered an agent of a person in authority.
Indirect assault
Elements:
• The direct assault is commiSed against an agent of a person in authority;
• That the offended party comes to the aid of such person in authority or his agent; and
• That the offender makes use of force or in:mida:on upon the said offender party.
NOTE:
• Indirect assault can be commiSed only when a direct assault is also being commiSed.
• The offended party in the indirect assaults may be a private person.
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Resistance and disobedience to a person in authority or the agents of such person
• Elements – Resistance and Serious Disobedience
• That a person is authority or his agent is engaged in the performance of official duty or
gives a lawful order to the offender;
• That the offender resists or seriously disobeys such person in authority or his agent; and
• That the act of the offender is not included in the provisions of Art. 148, 149 and 150
Chapter Five: PUBLIC DISORDERS
TUMULTUOUS – caused by more than 3 persons who are armed or provided with means of
violence.
"ART. 155. Alarms and Scandals. - The penalty of arresto menor or a fine not exceeding Forty
thousand pesos (P40,000) shall be imposed upon:
1. Any person who within any town or public place, shall discharge any rocket, firecracker, or
other explosives calculated to cause alarm or danger; (as amended by RA 11926)
2. Ins1ga1ng or taking an ac1ve part in any charivari or other disorderly mee1ng offensive
to another or prejudicial to public tranquility.
3. Disturbing the public peace while wandering about at night or while engaged in any other
nocturnal amusements.
4. Causing any disturbance or scandal in public places while intoxicated or otherwise,
provided Art. 153 is not applicable.
Charivari – mock serenade or discordant noises made with keSles, 1n horns, etc., designed to
deride, insult or annoy.
Delivering prisoners from jail
Elements:
• That there is a person confined in a jail or penal establishment;
• That the offender removes there from such person, or helps the escape of such person.
Prisoner may be under deten1on only.
• The person confined may be a mere deten1on prisoner. Of course, the prisoner may also
be by final judgment.
Notes
Escapee, if already serving final judgment, will in turn be held liable for evasion of sentence (Art.
157). If he is merely deten1on prisoner he is not criminally liable.
EVASION OF SENTENCE OR SERVICE
Elements:
• That the offender is a convict by final judgment.
• That he is serving his sentence which consists in depriva1on of liberty (des:erro
included); and
• That the offender evades the service of his sentence by escaping during the term of his
sentence.
Evasion of service of sentence on the occasion of disorders, conflagra:ons, earthquakes, or
their calami:es
Elements:
1. That the offender is a convict by final judgment who is confined in a penal ins1tu1on.
2. That there is disorder, resul1ng from: (MCScEE)
• Conflagra1on,
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 • Earthquake,
• Explosion,
• Similar catastrophe, or
• Mu1ny in which he has not par1cipated;
3. That the offender evades the service of his sentence by leaving the penal ins1tu1on where
he is confined, on the occasion of such disorder or during the muBny; and
4. That the offender fails to give himself up to the authori1es within 48 hours following the
issuance of a proclamaBon by the Chief Execu1ve announcing the passing away of such
calamity.
EFFECT EVASION OF SENTENCE; INCREASE IN PENALTY
• Penalty of commission of this felony is an increase by 1/5 of the 1me remaining to be
served under the original sentence, in no case to exceed 6 months.
SPECIAL ALLOWANCE FOR LOYALTY: DEDUCTION OF PENALTY
Refers to those convicts, who having evaded the service of their sentence by leaving the
penal ins1tu1on, give themselves up within 48 hours. They will be en1tled to a deduc1on of 1/5
of his sentence.
Commission of Another Crime During Service of Penalty Imposed for Another Previous Offense
NOTE: This ar1cle provides for quasi-recidivism
Element:
• That the offender was already convicted by final judgment of one offense; and
• That the commiSed a new felony before beginning to serve such sentence or while serving
the same.
CRIMES AGAINST PUBLIC INTEREST
How forgery is commiHed:
• By giving to a treasury or bank note or nay instrument payable to bearer or to order; the
appearance of a true and genuine document;
• By erasing, subs:tu:ng, counterfei1ng, altering by any means the figures, leSers or
words, or signs contained therein.
Counterfei:ng means the imita1on of a legal or genuine coin. It may contain more silver than the
ordinary coin
"Import," its meaning.
• To import fake coins means to bring them into port. The importa1on is complete before
entry at the Customs House. (U.S. vs. Lyman, 26 Fed.Cas. 1024)
"UHer," its meaning.
• To uSer is to pass counterfeited coins. It includes their delivery or the act of giving them
away.
Usurpa:on of authority or official func:ons
Acts punishable:
• Usurpa:on of authority: By knowingly and falsely represen1ng oneself to be an officer,
agent or representa1ve of any department or agency of the Philippine or any foreign
government.
• Usurpa:on of official func:ons: By performing any act pertaining to any person in
authority or public officer of the Philippines or foreign government under the pretense of
such official posi1on, and without being lawfully en1tled to do so.
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False Tes:mony
It is commiSed by a person who, being under oath and required to tes1fy as to the truth
of a certain maSer at a hearing before a competent authority, shall deny the truth or say
something contrary to it.
Perjury
Two ways of commimng perjury.
1. By falsely tes1fying under oath; and
2. By making a false affidavit.
Note: Falsely tes1fying under oath should not be in a judicial proceeding otherwise it will fall into
false tes1mony.
CRIMES COMMITTED BY PUBLIC OFFICERS
Public officers - For the purpose of applying the provisions of this and the preceding 1tles of this
book, any person who, by direct provision of the law, popular elec1on or appointment by
competent authority, shall take part in the performance of public func1ons in the Government
of the Philippine Islands, of shall perform in said Government or in any of its branches public
du1es as an employee, agent or subordinate official, of any rank or class, shall be deemed to be
a public officer.
Malfeasance – performance of some act which ought not to be done
Misfeasance – improper performance of some act which might lawfully be done
Nonfeasance – omission of an act which ought to be performed
Unjust judgment,
An unjust judgment is one which is contrary to law, or is not supported by the evidence, or both.
Interlocutory Order is an order which is issued by the court between the commencement and
the end of a suit or ac1on and which decides some point or maSer, but which, however, is not a
final decision of the maSer in issue.
Direct bribery
Acts punishable:
• By agreeing to perform, or by performing, in considera1on of any offer, promise, giv or
present – an act cons:tu:ng a crime, in connec1on with the performance of his official
du1es
• By accep1ng a giv in considera1on of the execu1on of an act which does not cons:tute
a crime in connec1on with the performance of his official duty
• By agreeing to refrain, or by refraining, from doing something which it is his official duty
to do, in considera1on of a giv or promise(PREVARICACION)
Indirect bribery
Elements:
1. That the offender is a public officer.
2. That he accepts gi\s.
3. That the said givs are offered to him by reason of his office.
Qualified bribery
Elements:
• That the offender is a public officer entrusted with law enforcement;
• That he refrains from arres1ng/prosecu1ng an offender for crime punishable by reclusion
perpetua and/or death and
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 • In considera1on of any offer, promise or giv.
Corrup>on of public officials (crime of the giver)
Elements:
• That the offender makes offers or promises or gives givs or presents to a public officer;
and
• That the offers or promises are made or the or presents given to a public officer, under
the circumstances that will make the public officer liable for direct bribery or indirect
bribery.
Plunder
Any public officer who, by himself or in connivance with members of his family, rela1ves by
affinity or consanguinity, business associates and subordinates or other persons, amasses,
accumulates, or acquires ill-goSen wealth through a combinaBon or series of overt or criminal
acts as described under above in the aggregate amount or total value of at least 50 MILLION
PESOS, shall be guilty of the crime of plunder.
Malversa>on of public funds or property
Acts punishable in malversa1on.
1. By appropriaBng public funds or property.
2. By taking or misappropriaBng the same.
3. By consenBng, or through abandonment or negligence, permi`ng any other person to take
such public funds or property.
Note:
Malversa1on is otherwise called embezzlement
Illegal use of public funds or property
Elements:
1. That the offender is a public officer.
2. That there is public fund or property under his administra1on.
3. That such public fund or property has been appropriated by law or ordinance.
4. That he applies the same to a public use other than that for which such fund or property has
been appropriated by law or ordinance.
Chapter Five: INFIDELITY OF PUBLIC OFFICERS
Conniving with or consen>ng to evasion
Elements:
• That the offender is a public officer (on duty);
• That he is charged with the conveyance or custody of a prisoner, either deten1on prisoner
or prisoner by final judgment;
• That such prisoner escaped from his custody; and
• That he was in connivance with the prisoner in the laSer’s escape.
Evasion through negligence
Elements:
• That the offender is a public officer;
• That he is charged with the conveyance or custody of a prisoner, either deten1on prisoner
or prisoner by final judgment; and
• That such prisoner escapes through his negligence.
Escape of prisoner under the custody of a person not a public officer
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Elements:
• That the offender is a private person;
• That the conveyance or custody of a prisoner or person under arrest is confided to him;
(He has custody)
• That the prisoner or person under arrest escapes; and
• That the offender consents to the escape of the prisoner or person under arrest, or that
the escape takes place through his negligence.
Maltreatment of prisoners
• That the offender is a public officer or employee;
• That he has charge of a prisoner or deten1on prisoner (otherwise the crime is physical
injuries); and
• That he maltreats such prisoner in either of the following manners:
• By overdoing himself in the correc1on or handling of a prisoner or deten1on prisoner
under his charge either –
i. by the imposi1on of punishments not authorized by the regula1ons, or
ii. by inflic1ng such punishments (those authorized) in a cruel and humilia1ng manner, or
By maltrea1ng such prisoner to extort a confession or to obtain some informa1on from the
prisoner.
CRIMES AGAINST PERSONS
Parricide
Elements:
1. That a person is killed;
2. That the deceased is killed by the accused;
3. That the deceased is the
• Father, mother, or
• Child, whether legiBmate or illegiBmate, or
• LegiBmate other ascendant or other descendant. Or
• LegiBmate spouse of the accused.
Essen:al element of parricide.
• RelaBonship of the offender with the vic1m is the essen1al element of this crime.
• Only rela1ves by blood and in direct line, except spouse, are considered in parricide.
The other ascendant or descendant must be legi1mate.
• He who kills an illegiBmate grandfather or an illegiBmate grandson.
• is not guilty of parricide, but of simple homicide or murder as the case may be.
Death or physical injuries under excep>onal circumstances
Elements:
• A legally married person or parent surprises his spouse or daughter (the laSer must be
under 18 and living with them) in the act of commimng sexual intercourse with another
person;
• He/she kills any or both of them or inflicts upon any or both of them any serious physical
injury in the act or immediately therea\er; and
• He has not promoted or facilitated the pros1tu1on of his wife or daughter, or that he
has not consented to the infidelity of the other spouse.
Murder
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Elements:
• That a person was killed;
• That the accused killed him;
• That the killing was aSended by any of the following qualifying circumstances:
• With treachery, taking advantage of superior strength, with the aid of armed men, or
employing means to weaken the defense or of means or persons to insure or afford
impunity,
• In considera1on of price, reward or promise,
• By means of inunda1on, fire, poison, explosion, shipwreck, stranding of a vessel,
derailment or assault upon a street car or locomo1ve, fall of airship, by means of motor
vehicles or with the use of any other means involving great waste or ruin,
• On occasion of any of the calami1es enumerated in the preceding paragraph, or of an
earthquake, erup1on of a volcano, destruc1ve cyclone, epidemic or any other public
calamity,
• With evident premedita1on, or
• With cruelty, by deliberately and inhumanely augmen1ng the suffering of the vic1m or
outraging or scoffing at his person or corpse; and
• The killing is not parricide or infanBcide.
"Shall kill another."
• In murder, the vic1m must be killed to consummate the crime. If the vic1m is not killed, it
is either aSempted or frustrated murder.
• The killing of the vic1ms is qualified with treachery, when the shoo1ng was sudden and
unexpected, and the vic1ms were not in a posi1on to defend themselves.
Homicide - is the unlawful killing of any person, which is neither parricide, murder, nor infan1cide.
Elements:
(1) That a person was killed;
(2) That the accused killed him without any jus1fying circumstance;
(3) That the accused had the inten1on to kill, which is presumed;
(4) That the killing was not aSended by any of the qualifying circumstances of murder, or by that
of parricide or infan1cide.

Intent to kill is conclusively presumed when death resulted. When death resulted, even if there
is no intent to kill, the crime is homicide, not merely physical injuries, because with respect to
crimes of personal violence, the penal law looks par1cularly to the material results following the
unlawful act and holds the aggressor responsible for all the consequences thereof.

Use of unlicensed firearm is an aggrava1ng circumstance in homicide. Where murder or homicide

results from the use of an unlicensed firearm, the crime is no longer qualified illegal possession,
but murder or homicide, as the case may be. In such a case, the use of the unlicensed firearm is
not considered as a separate crime but shall be appreciated as a mere aggrava1ng circumstance.
Accidental homicide
Accidental homicide is the death of a person brought about by a lawful act performed with proper
care and skill, and without homicidal intent.

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Death caused in a tumultuous affray.
Elements:
1. That there be several persons.
2. That they did not compose groups organized for the common purpose of assaul1ng and
aSacking each other reciprocally.
3. That these several persons quarreled and assaulted one another in a confused and tumultuous
manner.
4. That someone was killed in the course of the affray.
5. That it cannot be ascertained who actually killed the deceased.
6. That the person or persons who inflicted serious physical injuries or who used violence can be
idenBfied.

Giving assistance to suicide

Acts punishable as giving assistance to suicide.
1. By assis1ng another to commit suicide, whether the suicide is consummated or not.
2. By lending his assistance to another to commit suicide to the extent of doing the killing himself.
Is a pregnant woman, who tried to commit suicide by means of poison, but instead of dying, the
foetus in her womb was expelled, liable for abor1on?
No. In order to incur criminal liability for the result not intended, one must be commi_ng a
felony.

Assistance to suicide is different from mercy-killing.

Euthanasia — commonly known as mercy-killing — is the prac1ce of painlessly pumng to death
a person suffering from some incurable disease.

"ART. 254. Discharge of Firearms. (As amended by RA 11926)

"(a) Any person who shall shoot at another with any firearm shall suffer the penalty of prision
correccional in its minimum and medium periods, unless the facts of the case are such that the
act can be held to cons1tute frustrated or aSempted parricide, murder, homicide, or any other
crime for which a higher penalty is prescribed by any of the ar1cles of this Code.

"(b) Any person who shall wilfully and indiscriminately discharge any firearm or other device that
may not have been designed as firearm, but can be func1onally used as a firearm, shall suffer the
penalty of arresto mayor in its maximum period, unless the facts of the case can be held to
cons1tute any other offense for which a higher penalty is prescribed.

"(c) If the person who commits the offense provided in this Ar1cle is a member of the military
and military auxiliary agencies, or law enforcement agencies, authorized to bear firearms and
such discharge is not in the performance of official du1es, the penalty one degree higher than
that prescribed above shall be imposed and the offender may be held administra1vely

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"In addi1on to the penal1es imposed herein, any firearm license or permit issued in favor of the
offender shall be summarily cancelled, and the offender shall be perpetually disqualified from
being granted any firearm license or permit."

Infan:cide
• Infan1cide may be denned as the killing of any child less than three days of age, whether
the killer is the parent or grandparent, any other rela1ve of the child, or a stranger.
Elements
1. That a child was killed.
2. That the deceased child was less than three days
(72 hours) of age.
3. That the accused killed the said child.

Abor:on
• The willful killing of the foetus in the uterus, or the violent expulsion of the foetus from
the maternal womb which results ih the death of the foetus.
Inten:onal Abor:on
Ways of commimng inten1onal abor1on:
1. By using any violence upon the person of the pregnant woman.
2. By ac1ng, but without using violence, without the consent of the woman. (By administering
drugs or beverages upon such pregnant woman without her consent.)
3. By ac1ng (by administering drugs or beverages), with the consent of the pregnant woman.

Uninten:onal Abor:on
Elements:
1. That there is a pregnant woman.
2. That violence is used upon such pregnant woman without intending an abor1on.
3. That the violence is inten1onally exerted.
4. That as a result of the violence the fetus dies, either in the womb or aver having been expelled
therefrom.
Mu:la:on, defined.
• It means the lopping or the clipping off of some part of the body.
Two kinds of mu1la1on:
1. By inten1onally mu1la1ng another by depriving him, either totally or par1ally, of some
essen1al organ for reproduc1on.
2. By inten1onally making other mu1la1on, that is, by lopping or clipping off any part of the body
of the offended party, other than the essen1al organ for reproduc1on, to deprive him of that part
of his body.

Serious Physical Injuries

What are serious physical injuries?
They are:
1. When the injured person becomes insane, imbecile, impotent or blind in consequence of
the physical injuries inflicted.
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 2. When the injured person (a) loses the use of speech or the power to hear or to smell, or
loses an eye, a hand, a foot, an arm, or a leg, or (b) loses the use of any such member, or
(c) becomes incapacitated for the work in which he was theretofore habitually engaged,
in consequence of the physical injuries inflicted.
3. When the person injured (a) becomes deformed, or (b) loses any other member of his
body, or (c) loses the use thereof, or (d) becomes ill or incapacitated for the performance
of the work in which he was habitually engaged for more than 90 days, in consequence
of the physical injuries inflicted.
When the injured person becomes ill or incapacitated for labor for more than 30 days
(but must not be more than 90 days), as a result of the physical injuries inflicted.
Deformity
It is meant physical ugliness, permanent and definite abnormality. It must be conspicuous and
visible.
Loss of teeth as deformity.
• The loss of three incisors is a visible deformity, while the loss of one incisor does not
cons1tute deformity.

Less Serious Physical Injuries

The offended party is incapacitated for labor 10 days or more (but not more than 30
days), or needs medical aSendance for the same period of 1me.
Slight Physical Injuries
Physical injuries which incapacitated the offended party for labor from one (1) to nine (9) days,
or required medical aSendance during the same period..
Republic Act No. 9262
An1-Violence Act Against Women and Their Children Act of 2004
"Physical Violence“
"Sexual violence“
"Psychological violence“
"Economic abuse"
RAPE
Elements of rape under paragraph 1:
§ That the offender is any person
§ That the offender had carnal knowledge of another person;
§ That such act is accomplished under any of the following circumstances:
a) By using force or in1mida1on; or
b) When the woman is deprived of reason or otherwise unconscious; or
c) By means of fraudulent machina1on or grave abuse of authority; or
d) When the woman is under 16 years of age or demented. (statutory rape)
Elements of rape under paragraph 2:
(can be commiSed by any person) RA 8353
(1) That the offender commits an act of sexual assault;
(2) That the act of sexual assault is commiLed by any of the following means:
• (a) By inser1ng his penis into another person's mouth or anal orifice; or
• (b) By inser1ng any instrument or object into the genital or anal orifice of another person;
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Effect of marriage
• Marriage exBnguishes not only the penal ac1on, but likewise the penalty that may be
imposed.

CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

Kidnapping and serious illegal deten>on.

Elements:
1. That the offender is a private individual.
2. That he kidnaps or detains another, or in any other manner deprives the laSer of his liberty.
3. That the act of deten1on or kidnapping must be illegal.
4. That in the commission of the offense, any of the following circumstances is present:
• (a) That the kidnapping or deten1on lasts for more than 3 days;
• (b) That it is commiSed simula1ng public authority;
• (c) That any serious physical injuries are inflicted upon the person kidnapped or detained
or threats to kill him are made; or
• (d) That the person kidnapped or detained is a minor, female, or a public officer,

Slight illegal deten>on

Elements:
1. That the offender is a private individual.
2. That he kidnaps or detains another, or in any other manner deprives him of his liberty.
3. That the act of kidnapping or deten1on is illegal.
4. That the crime is commiSed without the aSendance of any of the circumstances enumerated
in Art. 267.

Unlawful arrest
Elements:
1 That the offender arrests or detains another person.
2. That the purpose of the offender is to deliver him to the proper authoriBes.
3. That the arrest or deten1on is not authorized by law or there is no reasonable ground therefor.

CRIMES AGAINST SECURITY

Abandonment of persons in danger and abandonment of one's own vicBm.
Acts punishable under Art. 275.
1. By failing to render assistance to any person whom the offender finds in an uninhabited place
wounded or in danger of dying when he can render such assistance without detriment to himself,
unless such omission shall cons1tute a more serious offense.
Elements:
• a. The place is not inhabited;
• b. The accused found there a person wounded or in danger of dying;
• c. The accused can render assistance without detriment to himself;
• d. The accused fails to render assistance.

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2. By failing to help or render assistance to another whom the offender has accidentally wounded
or injured.
3. By failing to deliver a child, under seven years of age whom the offender has found abandoned,
to the authori1es or to his family, or by failing to take him to a safe place.

Abandoning a minor
Elements:
1. That the offender has the custody of a child.
2. That the child is under seven years of age.
3. That he abandons such child.
4. That he has no intent to kill the child when the laSer is abandoned

Trespass to dwelling
Elements of trespass to dwelling.
1. That the offender is a private person.
2. That he enters the dwelling of another.
3. That such entrance is against the laSer's will
Dwelling place, as used in this ar1cle, means any building or structure exclusively devoted for rest
and comfort, as dis1nguished from places devoted to business, offices.

Grave threats
Acts punishable as grave threats:
1. By threatening another with the inflic1on upon his person, honor or property or that of his
family of any wrong amoun1ng to a crime and demanding money or imposing any other
condi1on, even though not unlawful, and the offender aLained his purpose.
2. By making such threat without the offender aLaining his purpose.
3. By threatening another with the inflic1on upon his person, honor or property or that of his
family of any wrong amoun1ng to a crime, the threat not being subject to a condiBon.

Light threats
Elements:
1. That the offender makes a threat to commit a wrong.
2. That the wrong does not consBtute a crime.
3. That there is a demand for money or that other condiBon is imposed, even though not unlawful.
4. That the offender has aLained his purpose or, that he has not aLained his purpose.

Other light threats

Acts punished as other light threats.
1. By threatening another with a weapon, or by drawing such weapon in a quarrel, unless it be in
lawful self-defense.
2. By orally threatening another, in the heat of anger, with some harm (not) cons1tu1ng a crime,
without persis1ng in the idea involved in his threat.
Note: The word "not" in this paragraph is enclosed in parenthesis, because the inclusion of that
word in paragraph 2 of Art. 285 is a mistake.
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3. By orally threatening to do another any harm not cons1tu1ng a felony.

Grave coercions
Two ways of commimng grave coercions.
1. By prevenBng another, by means of violence, threats or in1mida1on, from doing something
not prohibited by law.
2. By compelling another, by means of violence, threats or in1mida1on, to do something against
his will, whether it be right or wrong.

Elements of grave coercions:

1. That a person prevented another from doing something not prohibited by law, or that he
compelled him to do something against his will, be it right or wrong;
2. That the preven1on or compulsion be effected by violence, threats or in1mida1on; and
3. That the person that restrained the will and liberty of another had not the authority of law or
the right to do so, or, in other words, that the restraint shall not be made under authority of law
or in the exercise of any lawful right.

Light coercions
Elements:
1. That the offender must be a creditor.
2. That he seizes anything belonging to his debtor.
3. That the seizure of the thing be accomplished by means of violence or a display of material
force producing in1mida1on.
4. That the purpose of the offender is to apply the same to the payment of the debt.
Unjust vexa:on — other light coercion (Art. 287, par. 2).
• Unjust vexa1on includes any human conduct which, although not produc1ve of some
physical or material harm would, however, unjustly annoy or vex an innocent person.
(Guevara)
The paramount ques1on to be considered, in determining whether the crime of unjust vexa1on
is commiSed, is whether the offender's act caused annoyance, irritaBon, vexaBon, torment,
distress or disturbance to the mind of the person to whom it is directed.

CRIMES AGAINST PROPERTY

Robbery
Is the taking of personal property, belonging to another, with intent to gain, by means of violence
against, or in1mida1on of any person, or using force upon anything.
Thel
Thev is commiSed by any person who, with intent to gain but without violence against
or in1mida1on of persons nor force upon things, shall take personal property of another
without the laSer's consent.
Robbery with violence against or in1mida1on of persons
Taking of personal property, belonging to another, with intent to gain, by means of
violence against, or in1mida1on of any person.
Special Complex Crime of Robbery with Homicide
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 • When by reason or on occasion of the robbery the
crime of homicide is commiSed.
ROBBERY BY A BAND
When more than three armed malefactors take part in the commission of a robbery, it
shall be deemed to have been commiSed by a band.
Brigandage
Is a crime commiSed by more than three armed persons who form a band of robbers for
the purpose of commimng robbery in the highway or kidnapping persons for the purpose of
extor1on or to obtain ransom, or for any other purpose to be aSained by means of force and
violence.
Robbery by the use of “force upon things”
Elements under par (A)
1. That the offender entered (a) an inhabited place, or (b) public building, or (c) edifice devoted
to religious worship.
2. That the entrance was effected by any of the following means:
ü Through an opening not intended for entrance or egress;
ü By breaking any wall, roof, or floor or breaking any door or window;
ü By using false keys, picklocks or similar tools; or
ü By using any fic11ous name or pretending the exercise of public authority.
3. That once inside the building, the offender took personal property belonging to another with
intent to gain.
Elements: par (B)
1. That the offender is inside a dwelling house, public building, or edifice devoted to religious
worship, regardless of the circumstances under which he entered it;
2. That the offender takes personal property belonging to another, with intent to gain, under any
of the following circumstances:
• a. by the breaking of doors, wardrobes, chests, or any other kind of locked or sealed
furniture or receptacle; or
• b. by taking such furniture or objects away to be broken or forced open outside the place
of the robbery.
Brigandage
• Brigandage is a crime commiSed by more than three armed persons who form a band of
robbers for the purpose of commimng robbery in the highway or kidnapping persons for
the purpose of extorBon or to obtain ransom, or for any other purpose to be aSained by
means of force and violence.
QUALIFIED THEFT
1. If the thev is commiSed by a domes1c servant or with grave abuse of confidence.
2. If the property stolen is a (a) motor vehicle, (b) mail maSer, or (c) large caSle.
3. If the property stolen consists of coconuts taken from the premises of a planta1on.
4. If the property stolen is fish taken from a fishpond or fishery.
5. If property is taken on the occasion of fire, earthquake, typhoon, volcanic erup1on, or any other
calamity, vehicular accident or civil disturbance.
Malicious mischief

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 • Is the willful damaging of another's property for the sake of causing damage due to hate,
revenge or other evil moBve.
Elements of malicious mischief:
1. That the offender deliberately caused damage to the property of another.
2. That such act does not consBtute arson or other crimes involving destruc:on.
3. That the act of damaging another's property be commiHed merely for the sake of damaging
it.
• Note: This third element presupposes that the offender acted due to hate, revenge or
other evil moBve.

Persons exempted from criminal liability.

1. Spouses, ascendants and descendants, or rela1ves by affinity in the same line.
2. The widowed spouse with respect to the property which belonged to the deceased spouse
before the same passed into the possession of another.
3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together.
Crimes involved in the exemp1on:
1. Thev,
2. Swindling (estafa),
3. Malicious mischief.

P.D 533 –An: CaHle Rustling Law

R.A 6539- An: Carnapping Act
P.D 1612- An: Fencing Law
Estafa- act of defrauding another with abuse of confidence or deceit.
B.P. 22- An: Bouncing Checks Law
P.D. 1613 ARSON- LAW ON ARSON

CRIMES AGAINST CHASTITY

Adultery
Elements:
(1) That the woman is married;
(2) That she has sexual intercourse with a man not her husband;
(3) That as regards the man with whom she has sexual intercourse, he must know her to be
married.
Who are liable?

Concubinage
Elements
(1) That the man must be married.
(2) That he commiSed any of the following acts:
• a. Keeping a mistress in the conjugal dwelling,
• b. Having sexual intercourse under scandalous circumstances with a woman who is not
his wife;
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 • c. Cohabi1ng with her in any other place.
(3) That as regards the woman, she must know him to be married.
Who are liable?

Acts of Lasciviousness
Elements:
1. That the offender commits any act of lasciviousness or lewdness against a person of either sex;
3. That it is done under any of the following circumstances;
• a. By using force or in1mida1on; or
• b. When the offended party is deprived of reason or otherwise unconscious;
• c. By means of fraudulent machina1on or grave abuse of authority;
• d. When the offended party is under 12 years of age or is demented.

Qualified Seduc:on
Two classes of qualified seduc1on:
• (a) Seduc1on of a virgin over 12 years and under 18 years of age by certain persons, such
as, a person in authority, priest, teacher, etc.
• (b) Seduc1on of a sister by her brother, or descendant by her ascendant, regardless of her
age or reputaBon.

Simple Seduc:on
Elements:
1. That the offended party is over 12 and under 18 years of age.
2. That she must be of good reputaBon, single or widow.
3. That the offender has sexual intercourse with her.
4. That it is commiSed by means of deceit.

ABDUCTION
Is meant the 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 to corrupt her.
• Forcible abduc1on- taking of woman with lewd design agaisnt her will.
• Consented Abduc1on- with her consent upon solicita1on or cajolery

Bigamy
• Elements:
1. That the offender has been legally married.
2. That the marriage has not been legally dissolved or, in case his or her spouse is absent, the
absent spouse could not yet be presumed dead according to the Civil Code.
3. That he contracts a second or subsequent marriage.
4. That the second or subsequent marriage has all the essenBal requisites for validity.

IncriminaBng innocent person

Elements:
1. That the offender performs an act.
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2. That by such act he directly incriminates or imputes to an innocent person the commission of
a crime.
3. That such act does not cons1tute perjury.

Intriguing against honor

• It is commiSed by any person who shall make any intrigue which has for its principal
purpose to blemish the honor or reputa1on of another person.

Reckless Imprudence
• Reckless imprudence consists in voluntarily, but without malice, doing or failing to do an
act from which material damage results by reason of inexcusable lack of precau1on on
the part of the person performing or failing to perform such act, taking into considera1on
his employment or occupa1on, degree of intelligence, physical condi1on and other
circumstances regarding persons, 1me and place.

CRIMES AGAINST HONOR

Libel- is a defama1on commiSed by means of wri1ng, prin1ng, lithography, engraving, radio,
phonograph, pain1ng or theatrical or cinematographic exhibi1on, or any similar means.
Slander- Oral defama1on
Slander by deed- any act that dishonor, discredit another person.

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HUMAN RIGHTS EDUCATION
Human Rights
Those rights, which are inherent in our nature, and without which, we cannot live as
human beings.
Allow us to develop and use our human qualities, intelligence, talents and conscience,
and to satisfy our spiritual and other needs.
Supreme, inherent,and inalienable rights to life, dignity, and self-development.
The essence of these rights makes man human.
Basic Characteristics of Human Rights:
1. Inherent - Not granted by any person or authority
These are rights possessed by humans simply by existing and by being humans
2. Fundamental - without them, the life and dignity of man will be meaningless.
3. Inalienable - Cannot be rightfully taken away from a free individual. Cannot be given away or
be forfeited.
4. Imprescriptible - Cannot be lost even if man fails to use or assert them even by a long
passage of time
5. Indivisible - Not capable of being divided. Cannot be denied even when other rights have
already been enjoyed
6. Universal - Applies irrespective of one’s origin, status or condition or place where one lives.
Rights can be enforced without national border.
7. Interdependent - The fulfillment or exercise of one cannot be had without the realization of
the other.
Human Rights Principles
The dignity of man and human life is inviolable. From the dignity of man is derived the
right of every person to free development of his personality.
A legitimate state should exist to assure that in the discharge of the governmental
functions, the dignity that is the birthright of every human being is duly safeguarded.
Classification of Rights (According to Source):
1. Natural Rights - God-given rights, acknowledged by everybody to be morally good.
Unwritten, but prevail as norms of the society.
2. Constitutional Rights - Conferred and protected by the constitution and which cannot be
modified or taken away by the law-making body since it is the fundamental law of the land that
granted it.
3. Statutory Rights - Those rights which are provided by law and are promulgated by the law-
making body. May be abolished by the body that created them.
Classification of Rights (According to Recipient):
Individual Rights - granted to individuals.
Collective Rights- also called people’s rights or solidarity rights; those that can be
enjoyed only in company with others.

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Classification of Rights (According to spect of life)
1. Civil Rights - rights which the law will enforce at the instance of private individuals for the
purpose of securing to them the enjoyment of their means of happiness.
Partake of the nature or political rights when they are utilized as a means to participate in the
government
2. Political Rights - Rights which enable us to participate in running the affairs of the
government either directly or indirectly
3. Economic and Social Rights - Those which the law confers upon the people to enable them
to achieve social and economic development
• Economic, social and cultural rights
1. Worker's rights - freedom from forced labor, to accept or choose work, to fair
wages.
2. Right to social security and social protection - right not to be denied social
security coverage arbitrarily or unreasonably
3. Protection of and assistance to family - right to marriage by free consent, to
maternity and paternity protection
4. Right to an adequate standard of living - rights to food and to be free from
hunger, to adequate housing, to water and to clothing
5. Right to health - access to health facilities, goods and services to healthy
occupational and environmental conditions.
6. Right to education - right to free and compulsory primary education and to
available and accessible secondary and higher education
7. Cultural rights - right to participate in cultural life and to share in and benefit
from scientific advancement
Cultural rights
Rights that ensure the well-being of the individual and foster the preservation,
enrichment, and dynamic evolution of national culture based on the principle of unity in diversity
in a climate of free artistic and intellectual expression.
According to Struggle for Recognition
1. First Generation Rights (Blue Rights)
Civil and political rights which derives primarily from the 17th and 18th centuries’
reformist theories.
Conceives of human rights more in negative (“freedom from”) than positive (“rights
to”) term
Favors the abstention rather the intervention of government in the exercise of
freedoms and in the quest for human dignity
2. Second Generation Rights (Red Rights)
- Covers economic, social, and cultural rights which find their origin primarily in the
socialist tradition.
- Conceives of human rights more in positive terms

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 - Fundamental claims to social equality
3. Third Generation Rights (Green Rights also known as Solidarity Rights)
- Covers collective rights
According to Derogability
1. Absolute or Non-Derogable Rights
- Those that cannot be suspended nor taken away nor restricted/limited even in extreme
emergency and even if the government invokes national security.
2. Derogable or Can-Be-Limited Rights
- May be suspended or restricted or limited depending on the circumstances which call
for the preservation of social life.
- Must satisfy three requirements for It to be valid:
i. It is provided for by law which is made known to every citizen;
ii. There is a state of emergency which necessitates the urgent preservation of the public good,
public safety, and public moral;
iii. It does not exceed what is strictly necessary to achieve the purpose.
Categories of Human Rights
1. Fundamental Freedom in Political Rights
• Freedom of conscience and religion
• Freedom of thought, belief, opinion and expression
• Freedom of the press and communication
• Freedom of association, freedom of peaceful assembly
• Rights to privacy, reputation, and human dignity
2. Democratic Rights - commonly exercised in a democratic state
• Right to vote and to participate in the electoral process
• Right to participate in public or governmental affairs
3. Mobility Rights
National and international in character.
• Right to travel
• Right to return to one’s country
• Freedom of movement within the country
4. Right to Life, Liberty, and Security of the Person
- represents the core of fundamental rights which relate to the right to physical and
personal integrity, consistent with human dignity.
• Right to protection against political and other extrajudicial killings, the disappearances of
persons and torture and other cruel inhuman or degrading treatment or punishment
5. Legal Rights
- constitute due process that can be invoked by persons who are accused
• Freedom from arbitrary arrest and detention
• Protection against unreasonable search and seizure
• Right to counsel
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 • Right to fair and public trial
• Presumption of innocence
• Right against self-incrimination
6. Rights of Equality (also known as the right against discrimination)
• Everyone is equal before the law and is entitled to equal protection or the equal benefit of
the law
• Protection against discrimination on the grounds of sex, race, religion, ethnic origin, age,
marital status, and political and social condition
7. Economic, Social and Cultural Rights - considered more of standards to be observed by the
state.
• Security, social insurance, protection and assistance to the family
• Right to an adequate standard of living, adequate food, clothing and housing
• Right to physical and mental health
• Right to education
• Right to be part of the artistic and scientific life of the country
8. Worker’s Rights
• Right to association
• Right to organize unions
• Right to bargain collectively
• Prohibition of forced labor
• Prohibition of employment of children
• Guarantee of minimum wages and other support
9. Aboriginal Rights - associated with the rights of indigenous cultural tribes or communities
10. Reproductive Rights
• Right to found a family and bear children
• Right to gender sensitivity and the biomedical technology
• Right to family planning
11. Protective Rights of Persons in Armed Conflicts
- Provided in the international humanitarian law for the protection of children, women and non-
combatants during internal armed conflicts
12. Minority Group Rights
• Protection of ethnic, linguistic and religious minorities

POLICE POWER
u The police power is considered as the most pervasive. The least limitable and the most
demanding of the three fundamental state powers.
u The power of promoting the public welfare by restraining and regulating the use of
liberty and property.
u Salus populi est suprema lex (The welfare of the people is the highest law)

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 u sic utere tuo ut alienum non laedas (So use your property as not to injure the property of
others)
u Rational basis test- Laws or ordinances are upheld if they rationally further a legitimate
governmental interest.
u Strict scrutiny Test- the focus is on the presence of compelling, rather than substantial,
governmental interest and on the absence of less restrictive means for achieving that
interest.
u Tests of validity of the exercise of police power
u Lawful subject- the interests of the public generally, as distinguished from those of a
particular class, require the exercise of the police power.
u Reasonable means - the means employed are reasonably necessary for the
accomplishment of the purpose and not unduly oppressive upon individuals.
u Lawful subject
u The subject of the measure is within the scope of the police power, that is, that the
activity or property sought to be regulated affects the public welfare.
u As long as the object is the public welfare and the subject of regulation may be properly
related thereto, there is compliance with the first test.
u Lozano vs Martinez- the effects of the issuance of a worthless checks transcends the
private interests directly involved in the transaction and touches the interest of the
community at large. The mischief it creates is not only a wring to the payee or holder, nut
also an injury to the public.
u DEPED vs San Diego- validity of the NMAT was in question, the SC reinstated the
regulation as a valid exercise of police power intended for the protection of patients.
u Lawful means - The lawful objective must be pursued through a lawful method; that is,
both the end and the means must be legitimate.
u Ynot vs IAC -” we do not see how the prohibition of the interprovincial transport of
carabaos can prevent their indiscriminate slaughter considering that they can be killed
anywhere, with no less difficulty in on the province than in another. Obviously, retaining
the carabaos in one province will not prevent their slaughter there any more than moving
them to another province will make it easier to kill them there.”
BILL OF RIGHTS
sometimes called “declaration of rights” or “charter of rights”, is a list of the most
important rights to the citizens of a country with the purpose is to protect those rights
against infringement from public officials and private citizens and also refers to the
declaration and enumeration of the fundamental civil and political rights of a person
with the primary purpose of safeguarding the person from violations by the
government, as well as by individuals and group of individuals.
SECTION 1 BILL OF RIGHTS: No person shall be deprived of life, liberty, or property
without due process of law, nor shall any person be denied the equal protection of the laws.

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DUE PROCESS - is the legal requirement that requires the state to respect all the legal rights
owed to a person. Due process balances the power of the state and protects the individual person
from the power of the state. The following are the Two Aspect of Due Process of Law:
1. Procedural Due Process - refers to the method or manner by which the law is enforced
2. Substantive Due Process - which requires that the law itself, not merely procedures by
which the law would be enforced, is fair, reasonable, and just.
LIFE - something more than mere animal existence. The prohibition against its deprivation
without due process extends to all the limbs and faculties by which life is enjoyed.
LIBERTY - denotes not merely freedom from physical restraint. It also embraces the right of
man to use his faculties with which he has been endowed by his creator subject only to the
limitation that he does not violate the law or the rights of others.
PROPERTY - may refer to the thing itself or to the right over the thing.
u Due process
It exists whenever there is any deprivation of life, liberty and property by a state,
under the authority of a valid law, and after the compliance with the regular methods
of procedure prescribed by law.
u Substantive due process
The law must have a valid governmental objective in interfering with the rights of the
person to his life, liberty or property.
The inquiry in this regard, is not whether or not the law is being enforced in
accordance with the prescribed manner but whether or not, to begin with, it is a
proper exercise of the legislative power.
u Procedural Due Process
The immortal cry of Themistocles to Eurybiades: “Strike, but hear me first!”
A law “which hears before it condemns, which proceeds upon inquiry and renders
judgment only after trial.”
u Judicial Due Process
There must be an impartial court or tribunal clothed with judicial power to hear and
determine matter before it.
Jurisdiction must be lawfully acquired over the person of the defendant and over the
property which is the subject matter of the proceeding.
The defendant must be given an opportunity to be heard.
Judgment must be rendered upon lawful hearing.
u Impartial and competent court
u “Every litigant is entitled to the cold neutrality of an impartial judge.” Ynot vs IAC
u “The judge must not only be impartial but must also appear to be impartial as an added
assurance to the parties that his decision will be just” Javier vs COMELEC
u A competent court is meant one vested with jurisdiction over a case as conferred upon it
by law.
u Hearing

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 u Notice to a party is essential to enable it to adduce its own evidence and to meet and
refute the evidence submitted by the other party.
u “A decision rendered without a hearing is null and void ab initio and may be attacked
directly or collaterally. “ David vs Aquilzan
u “Due process is not violated where a person is not heard because he has chosen, for
whatever reason, not to be heard. If he opts to be silent where he has a right to speak, he
cannot later be heard to complain that he was unduly silenced.” Stronghold Ins. vs Court
of Appeals
u Right of confrontation merely means the right to be given an opportunity to cross-
examine and this right of course can be done through the parties’ counsel.

JUDGEMENT
u Article VIII Section 14
no decision shall be rendered by any court without expressing therein clearly and
distinctly the facts and the law on which it is based.
u Administrative Due Process
The right to a hearing which includes the right to present one’s case and submit
evidence in support thereof
u The tribunal must consider the evidence presented
u The decision must have something to support itself
u The evidence must be substantial
u The decision must be rendered on the evidence presented at the hearing, or at least
contained in the record and disclosed to the parties affected
u The tribunal or body or any of its judges must act on its own independent consideration
of the law and facts of the controversy and not simply accept the views of a subordinate
in arriving at a decision
u The board or body should, in all controversial questions render its decision in such a
manner that the parties to the proceeding can know the various issues involved, and the
reason for the decision rendered.
EQUAL PROTECTION OF THE LAW - all persons or things similarly situated should be
treated alike both as to rights conferred and responsibilities imposed.
The concept of equal protection of the laws, it means that all persons or things similarly situated
should be treated alike, both as to rights conferred and responsibilities imposed.
u It guarantees equality, not identity of rights. It does not forbid discrimination as to person
and things that are different. What it forbids are distinctions based on impermissible
criteria unrelated to a proper legislative purpose, or discriminatory legislation, which
discriminates against some and favors others when both are similarly situated
The requisites for a valid classification are:
(1) that the classification should be based on substantial distinctions which make for real
differences;

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(2) that it must be germane to the purpose of the law;
(3) that it must not be limited to existing conditions only; and
(4) that it must apply equally to each member of the class
u Ang Ladlad LGBT party vs COMELEC
u “From the standpoint of political process, the lesbian, gay bisexual and transgender have
the same interest in participating in the party-list system on the same basis as other
political parties similarly situated. State intrusion in this case is equally burdensome.
Hence, laws of general application should apply with equal force to LGBTs, and they
deserve to participate in the party list system on the same basis as other marginalized
under-represented sectors.”
u Central Bank Employees Association vs Bangko Sentral ng Pilipinas and the Executive
Secretary GR No 148208
u A provision of law, initially valid, can become subsequently unconstitutional, on the
ground that its continued operation would violate the equal protection of the law
The right of the people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable,
and no search warrant or warrant of arrest shall issue except upon probable cause to be
determined personally by the judge after examination under oath or affirmation of the
complainant and the witnesses he may produce, and particularly describing the place to be
searched and the persons or things to be seized.
Right against Unreasonable Search and Seizure - The purpose is to protect the privacy and the
sanctity of the person and of his house and other possessions found therein against arbitrary
intrusions by agents of the state
SECTION 3
The privacy of communication and correspondence shall be inviolable except upon
lawful order of the court, or when public safety or order requires otherwise, as prescribed by law
and Any evidence obtained in violation of this or the preceding section shall be inadmissible for
any purpose in any proceeding.
Right of Privacy of Communication and Correspondence - right of a person to be free
from undesired publicity, or disclosure of his communication and correspondence and as the
right to live without unwarranted interference by the public in matters with which the public is
not necessarily concerned. As a rule, the government cannot intrude into the privacy of
communication and correspondence.
Exceptions: When the court allows the intrusion, and when public safety and order so demands.
No law shall be passed abridging the freedom of speech, of expression, or of the
press, or the right of the people peaceably to assemble and petition the government
for redress of grievances.
Now law shall be made respecting an establishment of religion, or prohibiting the free
exercise thereof. The free exercise and enjoyment of religious profession and

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 worship, without discrimination or preference, shall forever be allowed. No religious
test shall be required for the ex ercise of civil or political rights.
Two guarantees contained in this section:
1. Non-establishment clause;
2. Free exercise clause, or the freedom of religious profession and worship
Freedom of Religion - Everyone shall have the right to freedom of thought, conscience
and religion. This right shall include freedom to have a religion or whatever belief of
his/her choice.
Religious test prohibited- The constitution expressly provides that the “No religious test
shall be required for the exercise of civil or political rights” A religious test is a legal
requirement to swear faith to a specific religion or sect, or to renounce the same.
The liberty of abode and of changing the same within the limits prescribed by law shall not be
impaired except upon lawful order of the court. Neither shall the right to travel be impaired
except in the interest of national security, public safety, or public health, as may be provided by
law.
SECTION 7
The right of the people to information on matters of public concern shall be recognized.
Access to official records, and to documents and papers pertaining to official acts, transactions,
or decisions, as well as to government research data used as basis for policy development, shall
be afforded the citizen, subject to such limitations as may be provided by law.
SECTION 8
The right of the people, including those employed in the public and private sectors, to
form unions, associations, or societies for purposes not contrary to law shall not be abridged.
SECTION 9
Private property shall not be taken for public use without just compensation.
Eminent Domain is the right or power of the state or of those to whom the power has been
lawfully delegated to take or expropriate private property for public use upon paying to the
owner a just compensation.
No law impairing the obligation of contracts shall be passed - The obligation of a contract is the
law or duty which binds the parties to perform their agreement according to its terms or intent if
it is not contrary to law, morals, good customs, public order, or public policy.
SECTION 11
Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be
denied to any person by reason of poverty.
SECTION 12
1. Any person under investigation for the commission of an offense shall have the right to be
informed of his right to remain silent and to have competent and independent counsel preferably
of his own choice. If the person cannot afford the services of counsel, he must be provided with
one. These rights cannot be waived except in writing and in the presence of counsel.

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2. No torture, force, violence, threat, intimidation, or any other means which vitiate the free will
shall be used against him. Secret detention places, solitary, incommunicado, or other similar
forms of detention are prohibited.
3. Any confession or admission obtained in violation of this or Section 17 hereof shall be
inadmissible in evidence against him
4. The law shall provide for penal and civil sanctions for violations of this section as well as
compensation to and rehabilitation of victims of torture or similar practices, and their families.
NOTE: Miranda rights become available during custodial investigation or as soon as the
investigation ceases to be a general inquiry unto an unsolved crime and direction is aimed upon a
particular suspect, as when the suspect who has been taken into police custody and to whom the
police would then direct interrogatory questions which tend to elicit incriminating statements.
SECTION 14
1. No person shall be held to answer for a criminal offense without due process of law.
2. In all criminal prosecutions, the accused shall be presumed innocent until the contrary is
proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature
and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the
witnesses face to face, and to have compulsory process to secure the attendance of witnesses and
the production of evidence in his behalf. However, after arraignment, trial may proceed
notwithstanding the absence of the accused provided that he has been duly notified and his
failure to appear is unjustifiable.
SECTION 15
The privilege of the writ of habeas corpus shall not be suspended except in cases of
invasion or rebellion when the public safety requires it.
SECTION 16
All person shall have the right to a speedy disposition of their cases before all judicial,
quasi-judicial, or administrative bodies.
Right to Speedy Trial - The term “speedy” means free from vexatious capricious and
oppressive delays.
The factors to be considered are:
1. Time expired from the filing of information
2. Length of delay.
3. Reasons of the delay.
4. Assertion or non-assertion of the right by the accused.
5. Prejudice caused to the defendant.
Impartial - The accused is entitled to cold neutrality of an impartial judge, one who is free from
interest or bias.
Public Trial - It is in order to prevent possible abuses which may be committed against the
accused. The attendance at the trial is open to all, irrespective of their relationship to the accused.
However, if the evidence to be presented is “offensive to decency or public morals,” the public
may be excluded.

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Trial in Absentia
1. Accused has been validly arraigned
2. Accused has been duly notified of the dates of hearing
3. Failure to appear is unjustifiable
SECTION 17
No person shall be compelled to be a witness against himself.
Right Against Self-Incrimination - This constitutional privilege has been defined as a
protection against testimonial compulsion, but this has since been extended to any evidence
“communicative in nature” acquired under circumstances of duress (People v. Olvis, G.R. No.
71092, Sept. 30, 1987). Applied only when the specific question, incriminatory in character, is
actually addressed to the witness.
•Use of physical or moral compulsion is prohibited- when extorting communication from the
witness or otherwise eliciting evidence which would not exist were it not for the actions
compelled from the witness.
Question incriminating - A question tends to incriminate when the answer of the accused or the
witness would establish a fact which would be a necessary link in a chain of evidence to prove
the commission of a crime by the accused or the witness.
SECTION 18
1. No person shall be detained solely by reason of his political beliefs and aspirations.
2. No involuntary servitude in any form shall exist except as a punishment for a crime for a
crime whereof the party shall have been duly convicted.
General Rule: No involuntary servitude shall exist.
Exceptions:
1. Punishment for a crime for which the party has been duly convicted.
2. Personal military or civil service in the interest of national defense.
3. In naval enlistment, a person who enlists in a merchant ship may be compelled to remain in
service until the end of a voyage.
4. Posse comitatus or the conscription of able-bodied men for the apprehension of criminals.
5. Return to work order issued by the DOLE Secretary or the President.
6.Minor under patria potestas are obliged to obey their parents.
SECTION 19
1. Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted.
Neither shall the death penalty be imposed, unless, for compelling reasons involving heinous
crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be
reduced to reclusion perpetua.
2. The employment of physical, psychological, or degrading punishment against any prisoner or
detainee or inadequate penal facilities under subhuman conditions shall be dealt with by law.
SECTION 20
No person shall be imprisoned for debt or non-payment of a poll tax.
SECTION 21

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 No person shall be twice put in jeopardy of punishment for the same offense. If an act is
punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to
another prosecution for the same act.
SECTION 22
No ex post facto law or bill of attainder shall be enacted.

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 CRIMINAL EVIDENCE
Evidence - means sanc1oned by law of ascertaining in a judicial proceeding, the truth
respec1ng a maSer of fact.

PROOF - the result or effect of evidence. When the requisite quantum of evidence of a
par1cular fact has been duly admiSed and given weight, the result is called the proof of such
fact.

FACTUM PROBANDUM
the ulBmate fact or the fact sought to be established.

FACTUM PROBANS
is the evidenBary fact or the fact by which the factum probandum is to be established.

CLASSIFICATION OF EVIDENCE ACCORDING TO FORM

1. OBJECTIVE OR REAL EVIDENCE – directly addressed to the senses of the court and consist of
tangible things exhibited or demonstrated in open court, in an ocular inspec1on, or at place
designated by the court for its view or observa1on of an exhibi1on, experiment or
demonstra1on. This is referred to as autop1c preference.

2. DOCUMENTARY EVIDENCE – Documents as evidence consist of wri1ngs, recordings,

photographs or any material containing leSers, words, sounds, numbers, figures, symbols, or
their equivalent, or other modes of wriSen expression offered as proof of their contents.

Photographs include s1ll pictures, drawings, stored images, x-ray films, mo1on pictures
or videos.

3. TESTIMONIAL EVIDENCE – is that which is submiSed to the court through the tes1mony or
deposi1on of a witness.

RELEVANT, AND COMPETENT EVIDENCE

RELEVANT EVIDENCE – evidence having any value in reason as tending to prove any maSer
provable in an ac1on. The test is the logical rela1on of the eviden1ary fact to the fact in issue,
whether the former tends to establish the probability or improbability of the laSer.

COMPETENT EVIDENCE – one that is not excluded by this Rules, a statute or the Cons1tu1on.

DIRECT AND CIRCUMSTANTIAL EVIDENCE

DIRECT EVIDENCE – that which proves the fact in dispute without the aid of any inference or
presump1on.
(ex: tes1mony of a police who witnessed the accused killing the vic1m)

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CIRCUMSTANTIAL EVIDENCE - is the proof of a fact or facts from which taken either singly or
collec1vely, the existence or a par1cular fact in dispute may be inferred as a necessary or
probable consequence.
(May be proved by one or more circumstances. The combina1on of which produces proof to
convict beyond reasonable doubt.)

CUMULATIVE AND CORROBORATIVE EVIDENCE

CUMULATIVE EVIDENCE – evidence of the same kind and to the same state of facts.
(tes1mony of another witness)

CORROBORATIVE EVIDENCE – is addi1onal evidence of a difference character to the same

point.
(ex: medical cer1ficate that the vic1m died due to the stabbing)

PRIMA FACIE AND CONCLUSIVE EVIDENCE

PRIMA FACIE EVIDENCE – that which is standing alone, unexplained or uncontradicted, is
sufficient to maintain the proposi1on affirmed.

CONCLUSIVE EVIDENCE – the class of evidence which the law does not allow to be contradicted.

PRIMARY AND SECONDARY EVIDENCE

PRIMARY EVIDENCE – that which the law regards as affording the greatest certainty of the fact
in ques1on. Also referred to as the best evidence.
(ex: original document)

SECONDARY EVIDENCE – that which is inferior to the primary evidence and is permiSed by law
only when the best evidence is not available. Known as the subs1tu1onary evidence.
(ex: other copy of the document)

POSITIVE AND NEGATIVE EVIDENCE

POSITIVE EVIDENCE – when the witness affirms that a fact did or did not occur. En1tled to a
greater weight since the witness represents of his personal knowledge the presence or absence
of a fact.

NEGATIVE EVIDENCE - when the witness did not see or know of the occurrence of a fact.

AXIOMS OF ADMISSIBILITY
1. None but facts having ra1onal proba1ve value are admissible (axioms of relevancy)
2. All facts having ra1onal proba1ve value are admissible unless some specific rule forbids
their admission (axioms of competency)

CERTAIN DOCTRINES OR RULES OF ADMISSIBILITY

1. Condi:onal admissibility

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 Where the evidence at the 1me of its offer appears to be immaterial or irrelevant unless
it is connected with the other facts to be subsequently proved, such evidence may be received
on condi1on that the other facts will be proved thereaver, otherwise the evidence given will be
stricken out.

2. Mul:ple admissibility
Where the evidence is relevant and competent for two or more purposes, such evidence
should be admiSed for any or all the purposes for which it is offered provided it sa1sfies all the
requirements of law for its admissibility therefore.

3. Cura:ve admissibility
This treats upon the right of the party to introduce incompetent evidence in his behalf
where the court has admiSed the same kind of evidence adduced by the adverse party.

Exclusionary Rules
Ø is a rule of evidence which excludes evidence obtained in viola1on of a person’s rights or
secured through illegal means or sources.

Fruit of the Poisonous Tree

Ø under the exclusionary rule once the primary source (the tree) is shown to have been
unlawfully obtained, any secondary or deriva1ve evidence (the fruit) derived it is also
inadmissible.

Miranda Doctrine: unless and un1l the Miranda warnings or Miranda rights are shown at the
trial, no evidence obtained in the custodial inves1ga1on maybe used against the accused.

Weight of Evidence
Ø proba1ve value which the court may give to par1cular evidence admiSed.

Collateral MaHers
A maSer is collateral when it is on a "parallel or diverging line," merely "addi1onal" or
"auxiliary". This term connotes an absence of a direct connec1on between the evidence and the
maSer in dispute.

When Collateral MaHers are Allowed

1. As a rule, evidence on a collateral maSer is not allowed (Sec. 4, Rule 128, Rules of
Court).
It is not allowed because it does not have direct relevance to the issue of the case. This
rule however, is not an absolute rule. There exists an occasion when evidence on a collateral
maSer maybe allowed. Under the Rules of Court, a collateral maSer may be admiSed if it tends
in any reasonable degree to establish the probability or improbability of the fact in issue.

Judicial No:ce

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 Cognizance of certain facts which judges may take and act on without proof because
they are already known to them.

Two kinds of Judicial No:ce

1) Mandatory
2) Discre:onary
What is Doctrine of Processual Presump:on?
ü Mandatory Judicial No1ce
ü the existence and territorial extent of states
ü poli1cal history
ü forms of government and symbols of na1onality
ü law of na1ons
ü admiralty and mari1me courts of the world and their seals
ü the poli1cal cons1tu1on and history of the Philippines
ü official acts of legisla1ve, execu1ve and judicial departments of the Na1onal
Government Philippines,
ü laws of nature
ü the measure of 1me
ü the geographical divisions.
• Discre1onary Judicial No1ce
ü public knowledge,
ü or are capable of unques1onable demonstra1on,
ü or ought to be known to judges because of their judicial func1ons.

JUDICIAL KNOWLEDGE – PERSONAL KNOWLEDGE OF THE JUDGE

Judicial Admission - are those made in the judicial proceedings under considera1on.

Extrajudicial Admission -area those made out of court, or in a judicial proceeding other than
the done under considera1on.

OBJECT EVIDENCE - is a tangible object that played some actual role on the maSer that gave
rise to the li1ga1on. For instance, a knife.

NOTE:
Physical evidence is the highest form of evidence.
Photograph is an object evidence.
• In order that photographs may be given as evidence, it must be shown that it is the true
and faithful representaBon of the place or object which to which they refer.

DOCUMENTARY EVIDENCE
DOCUMENT – any substance having any maSer expressed or described upon it by marks
capable of being read.

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 ORIGINAL DOCUMENT RULE
EXCEPTIONS:
1. When the original is lost or destroyed, or cannot be produced in court, without bad faith
on the part of the offeror
2. When the original is in the custody or under the control of the party against whom the
evidence is offered, and the laSer fails ot produce it aver reasonable no1ce, or the
original cannot be obtained by local judicial processes or procedures;
• (c) When the original consists of numerous accounts or other documents which cannot
be examined in court without great loss of 1me and the fact sought to be established
from them is only the general result of the whole;
• (d) When the original is a public record in the custody of a public officer or is recorded in
a public office; and
• (e) When the original is not closely-related to a controlling issue.

WHAT IS AN ORIGINAL DOCUMENT?

(a) An "original" of a document is the document itself or any counterpart intended to have
the same effect by a person execu1ng or issuing it. An "original" of a photograph
includes the nega1ve or any print therefrom. If data is stored in a computer or similar
device, any printout or other output readable by sight or other means, shown to reflect
the data accurately, is an "original.”
(b) A “duplicate" is a counterpart produced by the same impression as the original, or from
the same matrix, or by means of photography, including enlargements and miniatures,
or by mechanical or electronic re-recording, or by chemical reproduc1on, or by other
equivalent techniques which accurately reproduce the original.
(c) A duplicate is admissible to the same extent as a n original unless (1) a genuine ques1on
is raised as to the authen1city of the original, or (2) in the circumstances, it is unjust or
inequitable to admit the duplicate in lieu of the original.

Original Document Rule

When the subject of inquiry is the contents of a document, no evidence shall be
admissible other than the original document itself.

Parol Evidence Rule

When the terms of an agreement have been reduced to wri1ng, it is to be considered as
containing all the terms agreed upon and there can be, between the par1es and their
successors in interest, no evidence of such terms other than the contents of the wriSen
agreement.
Aliunde means other source or outside source.

SECONDARY EVIDENCE – shows that beSer or primary evidence exists as to the proof of fact in
ques1on. It is deemed less reliable.
Secondary evidence may consist of:
1. Copy of the original;
2. Recital of its contents in some authen1c document;
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 3. Tes1mony of witnesses in the order stated

QUALIFICATION OF WITNESSES
WITNESS – reference to a person who tes1fies in a case or gives evidence before a judicial
tribunal.

COMPETENCY OF A WITNESS – is the legal fitness or ability of a witness to be heard on the trial
of a cause.

GENERAL RULE: When a witness takes the stand to tes1fy, the law, on grounds of public policy,
presumes that he is competent. The court cannot reject them witness if there is not proof of his
incompetency.

Who can be a witness?

Competency is different from credibility.
Other Factors that Do Not Affect the Competency of a Witness
1. Under Sec1on 20 of Rule 130, except as provided by the law and the rules, the following
factors do not, as a general rule, cons1tute a disqualifica1on of a witness:
(a) religious belief;
(b) poli1cal belief;
(c) interest in the outcome of the case; or
(d) convic1on of a crime, unless otherwise provided by law
• Disqualifica1ons of Witnesses
ü Mental incapacity or immaturity (deleted under the new Rules of Court)
ü Marriage Disqualifica1on Rule
ü Privilege Communica1on
• 1. Marital Privilege
• 2. ASy-Client
• 3. Physician/psychotherapist- Pa1ent (only in civil case)
• 4. Priest-Penitent
• 5. Public Officer

Child Witness
A "child witness" is any person who at the 1me of giving tes1mony is below the age of
eighteen (18) years.

Disqualifica>on by reason of marriage

This is called the “spousal immunity”.
During their marriage no spouse may tes1fy for or against the other without the consent
of the affected spouse unless it falls in the excep1ons.

Disqualifica>on by reason of privileged communica>on

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(a) The husband or the wife, during or aver the marriage, cannot be examined without the
consent of the other as to any communica1on received in confidence by one from the other
during the marriage
Except in a civil case by one against the other, or in a criminal case for a crime commiSed by
one against the other or the laSer’s direct descendants or ascendants.

MARRIAGE DISQUALIFICATION RULE

• Can be invoked only if one of the spouses is a party to the ac1on
• Applies only if the marriage is exis1ng at the 1me the tes1mony is Offered
• Cons1tutes a total prohibi1on against the spouse of the witness

MARITAL PRIVILEGE
• Can be claimed whether or not the spouse is a party to the ac1on
• Can be claimed even aver the marriage has been dissolved
• Applies only to confiden1al communica1ons between the spouse
(b) An aHorney or person reasonably believed by the client to be licensed to engage in the
prac1ce of law cannot, without the consent of the client, be examined as to any communica1on
made by the client to him or her, or his or her advice given thereon in the course of, or with a
view to, professional employment, nor can an aSorney's secretary, stenographer, or clerk, or
other persons assis1ng the aSorney be examined without the consent of the client and his or
her employer, concerning any fact the knowledge of which has been acquired in such capacity,
except in the following cases:
ü Furtherance of crime or fraud. If the services or advice of the lawyer were sought or
obtained to enable or aid anyone to commit or plan to commit what the client knew or
reasonably should have known to be a crime or fraud;
ü Claimants through same deceased client. As t o a communica1on relevant to an issue
between par1es who claim through the same deceased client, regardless of whether the
claims are by testate or intestate or by inter vivos transac1on;
ü Breach of duty by lawyer or client. As to a communica1on relevant to an issue of breach
of duty by the lawyer to his or her client, or by the client to his or her lawyer; Document
aSested by the lawyer. As t o a communica1on relevant to an issue concerning an
aSested document to which the lawyer is an aSes1ng witness; or
ü Joint clients. As to a communica1on relevant to a maSer of common interest between
two or more clients if the communica1on was made by any of them to a lawyer retained
or consulted in common, when offered ni an ac1on between any of the clients, unless
they have expressly agreed otherwise.
A physician, psychotherapist or person reasonably believed by the pa1ent to be authorized to
prac1ce medicine or psychotherapy cannot ni a civil case, without the consent of the pa1ent, be
examined as t o any confiden1al communica1on made for the purpose of diagnosis or
treatment of the pa1ent's physical, mental or emo1onal condi1on, including alcohol or drug
addic1on, between the pa1ent and his or her physician or psychotherapist. This privilege also
applies to persons, including members of the pa1ent's family, who have par1cipated in the
diagnosis or treatment of the pa1ent under the direc1on of the physician or psychotherapist.

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A “psychotherapist" is:
(a) A person licensed to prac1ce medicine engaged in the diagnosis or treatment of a mental or
emo1onal condi1on, or
(b) A person licensed as a psychologist by the government while similarly engaged.

A minister, priest or person reasonably believed to be so cannot, without the consent of the
affected person, examined as t o any communica1on or confession made to or any advice given
by him or her, in his or her professional character, in the course of discipline enjoined by the
church to which the minister or priest belongs

A public officer cannot be examined during his term of office or aver tenure, as to
communica1ons made to him in official confidence, when the court finds that the public
interest would suffer by the disclosure.
The communica1on shall remain privileged, even in the hands of a third person who may have
obtained the informa1on, provided that the original par1es to the communica1on took
reasonable precau1on to protect its confiden1ality.

Tes:monial Privilege
Parental and Filial Privilege - No person shall be compelled to tes1fy against his or her parents,
other direct ascendants, children or other direct descendants, except when such tes1mony is
indispensable in a crime against that person or by one parent against the other.

NOTE:
• CAN BE INVOKED IN BOTH CRIMINAL OR CIVIL CASE
• PRIVILEGE APPLIES IF THERE IS COMPULSION
•
ADMISSION
An admission is a statement of fact which does not involve an acknowledgement of guilt
or liability

CONFESSION
It involves an acknowledgment of guilt or liability.

EXPRESS ADMISSIONS are those made in definite, certain and unequivocal language.

IMPLIED ADMISSIONS are those which may be inferred from the acts, declara1ons or omission
of a party. Therefore, an admission may be implied from conduct, statement of silence of a
party.

Offer of compromise not admissible

COMPROMISE
Ø is an agreement made between two or more par1es as a seSlement maSers in dispute.
• In Civil cases - an offer of compromise is not an admission of any liability, and is not
admissible in evidence against the offeror.
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 • In Criminal cases - except those involving quasioffenses (criminal negligence) or those
allowed by law to be compromised, an offer of compromise by the accused may be
received in evidence as an implied admission of guilt.

Dipha Thule was charged with rape. He approached Lina S. Pag, the vic1m, during the
preliminary inves1ga1on and offered marriage but later on refused by the laSer. As a
criminologist, what is your advice to Dipha Thule?

A. The offer of marriage is not admissible as an evidence against the accused because it
was not offered during trial.
B. The offer of marriage is a clear manifesta1on of guilt. It is admissible as a Confession.
C. The offer of marriage is not admissible in the sense that the offer was rejected.
D. The offer of marriage is admissible as an Implied Admission.

From the foregoing situa1on, supposed the offer of the accused was accepted. As a
criminologist, what is your advice to Dipha Thule?
A. The marriage of the accused to the vic1m will totally ex1nguish criminal liability.
B. The marriage of the accused to the vic1m will not ex1nguish criminal liability.
C. The marriage of the accused to the vic1m will par1ally ex1nguish criminal liability.
D. The marriage of the accused to the vic1m will not ex1nguish criminal liability unless the
prosecu1on approves it.

A plea of guilty later withdrawn, or an unaccepted offer of a plea of guilty to a lesser

offense, is not admissible in evidence against the accused who made the plea or offer.
An offer to pay or the payment of medical, hospital or other expenses occasioned by an
injury is not admissible in evidence as proof of civil or criminal liability for the injury.

Good Samaritan Rule

RES INTER ALIOS ACTA ALTERI NOCERE NON DEBET
“Things done between strangers ought not to injure those who are not par1es to them.”
- rights of a party cannot be prejudiced by the act, declara1on or omission of another, and the
proceedings against one cannot affect another except in those cases where there exist a
rela1onship of co-partnership, agency, conspiracy, privity and joint interest.

Admission by silence
Silence of a witness during the court proceedings is considered an admission by silence
Except in Custodial Inves1ga1on, where the accused have rights to remain silent.
For silence to be deemed an admission, it is necessary:
(a) that he heard and understood the statement
(b) that he was at liberty to make a denial
(c) that the statement was about a maSer affec1ng his rights or in which he was interested
and which naturally calls for a response
(d) that the facts were within his knowledge
(e) that the fact admiSed from his silence is material to the issue
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Admission by co-partner or agent
Requisite:
a) The act declara1on of a partner or agent of the party was made within the scope of his
authority.
b) Such act or declara1on was made during the existence of the partnership or agency.
c) The partnership was made during the existence of the partnership or agency is proved
by evidence other than such act or declara1on.

Admission by conspirator
Under the Revised Penal Code, a conspiracy exists when two or more persons come to an
agreement concerning the commission of a felony and decide to commit it.

Requisites:
1. The act declara1on of a co-conspirator is related to the conspiracy;
2. Such act or declara1on was made during the existence or carrying out of the conspiracy;
3. The conspiracy is proved by evidence other that such act or declara1on by a co-
conspirator.

CONFESSION - categorical acknowledgement of guilt made by an accused in a criminal case,

without any exculpatory statement or explana1on.
NOTE:
Confession may either be oral or in wriBng and if in wriBng, it need not be under oath.

JUDICIAL CONFESSION - one made before a court in which the case is pending and in the course
of legal proceedings therein and, by itself, can sustain a convic1on even in capital offenses.

EXTRAJUDICIAL CONFESSION - one made in any other place or occasion and cannot sustain a
convic1on unless corroborated by evidence of the corpus delic1. This sec1on refers to
extrajudicial confessions.

TAKE NOTE:
In a confession, there is an acknowledgement of guilt. In admission there are statements
of fact by the accused which do not directly involved an acknowledgment of guilt.

Similar acts as evidence

GENERAL RULE: Evidence that one did or did not do a certain thing at one 1me is not admissible
to prove that he did or did not do the same or a similar
thing at another 1me
EXCEPTIONS:
Where the evidence or similar acts may prove:
1. a specific intent or knowledge;
2. iden1ty;
3. a plan, system or scheme;
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4. a specific habit;
5. stablished customs, usages and the like
• HEARSAY RULE
• Hearsay is a statement other than one made by the declarant while tes1fying at atrial or
hearing, offered to prove the truth of the facts asserted therein. A statement is (1) an
oral or wriSen asser1on or (2)a non-verbal conduct of a person, fi it is intended by him
or her as an asser1on. Hearsay evidence is inadmissible except as otherwise provided in
these Rules.
GENERAL RULE: Hearsay Evidence is inadmissible
EXCEPTIONS:
ü Dying Declara1on
ü Statement of decedent or person of unsound mind.
ü Declara1on Against Interest
ü Act Or Declara1on Against Pedigree
ü Common Reputa1on and Learned Trea1se
ü Res Gestae
ü Records of regularly conducted business ac1vity.
ü Entries in official records.
ü Commercial lists and the like.
ü Learned trea1ses.
ü
DYING DECLARATION
The ante mortem statements made by a person aver the mortal wound has been
inflicted under the belief that the death is certain, sta1ng the fact concerning the cause of and
the circumstances surrounding the aSack.

PEDIGREE - includes rela1onship, family genealogy, birth, marriage, death, the dates when and
the places where these fast occurred, and the names of the rela1ves. It embraces also facts of
family history in1mately connected with pedigree.

RES GESTAE – literally means “things done.”

• Spontaneous statement
• Verbal acts

DOCTRINE OF INDEPENDENTLY RELEVANT STATEMENTS

The witness may tes1fy to the statements made by a person, if for instance, the fact that
such statements were made by the laSer would indicate the laSer’s mental state and physical
condi1on.

Four (4) hours aver LEBRON was shot with a .45 caliber pistol, he told RONDO that it was
IRVING who shot him. RONDO took the ini1a1ve of taking down in long hand the statement of
LEBRON. Ten (10) days later, LEBRON died as a consequence of the gunshot wound. An
informa1on for murder was filed against IRVING and RONDO want to tes1fy against the accused

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based on the statement of the vic1m. Is the tes1mony of RONDO admissible in court
proceedings as Dying Declara1on?

A. Yes, the witness is competent to tes1fy.

B. No, the facts do not clearly show that the essen1al element of a dying declara1on was
met.
C. No, the tes1mony of the witness is Hearsay because it was not derived from his personal
knowledge.
D. Yes, Dying Declara1on is one of the exemp1ons to the Hearsay Rule.
From the foregoing situa1on, may the statement of RONDO be considered also as a part of Res
Gestae?
A. Yes, the statement was made while startling occurrence is taking place.
B. No, the statement was made only aver the startling occurrence.
C. Yes, the statement was made prior to startling occurrence.
D. No, the tes1mony of the witness is Hearsay because it was not derived from his personal
knowledge.

OPINION – an inference or conclusion drawn from facts observed.

General Rule:
The opinion of witness is not admissible.
(a) The iden1ty of a person about whom he has adequate knowledge;
(b) A handwri1ng with which he has sufficient familiarity; and
(c) The mental sanity of a person with whom he is sufficiently acquainted.
Opinion of expert witnesses
EXPERT WITNESS – one who belongs to the
profession or calling to which the subject maSer of
the inquiry relates to and who possesses special knowledge on ques1ons on which he proposes
to express an opinion.

It is sufficient that the following factors are present:

1. training and educa1on
2. par1cular, first-hand familiarity with the facts of the case
3. presenta1on of authori1es or standards upon which his opinion is based.

ORDINARY OPINION EVIDENCE

that which is given by a witness who is of ordinary capacity and who has by opportunity
acquired a par1cular knowledge which is outside the limits of common observa1on and which
may be of value in elucida1ng a maSer under considera1on.

Character evidence not generally admissible

CHARACTER – the aggregate of the moral quali1es which belong to and dis1nguish an individual
person.

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GENERAL RULE: character evidence is not admissible in evidence.
EXCEPTIONS: CRIMINAL CASES
1. Accused may prove his good moral character which is per1nent to the moral trait involved in
the offense charge;
2. The prosecu1on may not prove bad moral character of the accused unless in rebuSal when
the laSer opens the issue by introducing evidence of his good moral character;
3. As to the offended party, his good or bad moral character may be proved as long as it tends to
establish the probability or improbability of the offense charged.

BURDEN OF PROOF
the duty of a party to present evidence on the facts in issue necessary to establish his
claim or defense by the amount of evidence required by law.

BURDEN OF EVIDENCE
duty of a party to introduce evidence at any stage of the trial in order to established a
prima facie case and the like duty of the opposite party to meet and overthrow the prima facie
case thus established.

PROOF - the establishment of a requisite degree of belief in the mind of the trier of fact as to
the fact in issue.

Presump:on - inference or assump1on as to the existence of a fact unknown only by reason of

its rela1on to a fact that is known.

Conclusive Presump:on (juris et de jure)

- presump1on of law that is not permiSed to be overcome by any proof to the contrary.

Disputable Presump:on (juris tantum)

- that which the law permits to be overcome or contradicted by proofs to the contrary.

Equipose Rule: Where the evidence gives rise to two probabili1es, one consistent with
defendant’s innocence, and another indica1ve of his guilt, that which is favorable to the
accused should be considered.

ESTOPPEL IN PAIS (Rule 131, Sec. 2(a))

whenever a party has, by his own declara1on, act, or omission, inten1onally and
deliberately lead another to believe a par1cular thing to be true and act upon such belief, he
cannot, in any li1ga1on arising out of such declara1on, act or omission, be permiSed to falsify
it.

ESTOPPEL BY DEED (Rule 131, Sec. 2 (b)

the tenant is not permiSed to deny 1tle of his landlord at the 1me of the
commencement of the land-lord tenant rela1onship. If the 1tle asserted is one that is alleged to

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have been acquired subsequent to the commencement of that rela1on, the presump1on will
not apply.

EXAMINATION OF WITNESSES
How oral evidence is given?
It is usually given orally in open court. Therefore, generally, the tes1monies of witnesses
cannot be presented in affidavits.
Order in the Examina:on of an Individual Witness:
a) Direct Examina:on - examina1on in chief of a witness by the party presen1ng him on
fact relevant to the issue.
b) Cross-Examina:on - examina1on of a witness aver his direct tes1mony or examina1on
in chief.
c) Re-Direct examina:on -further examina1on by a party of his own witness, aver cross
examina1on.
d) Re-Cross Examina:on -upon conclusion of the re-direct examina1on, the adverse party
may re-cross examine the witness on maSers stated in his re-direct examina1on, and
also on such other maSers as maybe allowed by the court in its discre1on.
e)
Rights and obliga>ons of a witness
RIGHTS OF A WITNESS
1. To be protected from irrelevant, improper, or insul1ng ques1ons, and from harsh or insul1ng
demeanor;
2. Not to be detained longer than the interest of jus1ce require;
3. Not to be examined except only as to maSers per1nent to the issue;
4. Not to give an answer which will tend to subject him to a penalty for an offense unless
otherwise provided by law;
5. Not to give an answer which will tend to degrade his reputa1on, unless it be to the very fact
at issue or to a fact from which the fact at issue would be presumed. But a witness must answer
to the fact of his previous final convic1on for an offense.

Leading Ques:ons - those that suggest to the witness the answer which the
examining party desires.
General Rule: leading ques1ons are not permiSed.
Excep:on: in Cross Examina1on

Misleading Ques:on - one which assumes as true a fact not yet tes1fied by
the witness, or contrary to which he has previously stated.

(PRESENT RECOLLECTION REVIVED) Last December CLE Ques:on

Memorandum has been wriSen by him or under his direc1on.
The witness may refer to what he have wriSen.
Past Recollec:on Recorded - use of memorandum where past recollec1on is recorded, with the
witness having no dependable memory to swear and tes1fy that he once knew the fact and
correctly recorded them.
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WEIGHT AND SUFFICIENCY OF EVIDENCE
1. PROOF BEYOND REASONABLE DOUBT (Criminal Cases)
Does not mean such degree of proof as, excluding possibility of error, produces absolute
certainty. Moral certainty only is required, or that degree of proof which produces convic1on in
an unprejudiced mind.

2. SUBSTANTIAL EVIDENCE (AdministraBve Cases)

That amount of relevant evidence which a reasonable mind might accept as adequate to jus1fy
a conclusion.

3. PREPONDERANCE OF EVIDENCE - In civil cases, the party having burden of proof must
establish his case by a preponderance of evidence.

Classes of Documents
q Public Documents
a. The wriSen official acts, or records of the official acts of the sovereign authority,
official bodies and tribunals, and public officers, whether of the Philippines, or of a foreign
country;
b. Documents acknowledge before a notary public except last wills and testaments; and
c. Public records, kept in the Philippines, of private documents required by law to the
entered therein.

q Private Documents
All other wri1ngs are private.
Proof of private document
(a) By anyone who saw the document executed or wriSen; or
(b) By evidence of the genuineness of the signature or handwri1ng of the maker.
Authen:ca:on not required for private document
a) Genuineness and due execu1on is admiSed by the adverse party;
b) Genuineness and due execu1on is immaterial to the issue; and
c) Documents is an ancient wri1ng (30 years old and produced from where normally kept
without blemish or altera1ons.)
Ancient Documents
There is an excep1on to the rule requiring proof of the genuineness and due execu1on
of a private document. The excep1on is in the case of a private "ancient document." A private
document is considered ancient when it is more than thirty (30) years old, is produced from a
custody in which it would naturally be found if genuine, and is unblemished by any altera1ons
or circumstances of suspicion (Sec. 21, Rule 132, Rules of Court).

EVIDENCE OF GENUINENESS OF HANDWRITING:

a. Witness actually saw person wri1ng the instrument
b. Familiar with handwri1ng and witness can give opinion
c. Comparison of ques1oned handwri1ng and admiSed genuine specimens
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d. Expert evidence

OFFER AND OBJECTION

GENERAL RULE:
The court shall consider no evidence which has not
been formally offered. The purpose for which the evidence is offered must be specified.
When to make offer:
a) As regards the tes1mony of a witness, the offer must be made at the 1me the witness is
called to tes1fy.
b) Documentary and object evidence shall be offered aver the presenta1on of a party's
tes1monial evidence. Such offer shall be done orally unless allowed by the court to be
done in wri1ng.
c) An offer of evidence in wri1ng shall be objected to within three (3) days aver no1ce of
the unless a different period is allowed by the court.

May the rules of evidence be waived?

Objec:on — Objec1on to evidence offered orally must be made immediately aver the offer is
made.
• Objec1on to a ques1on propounded in the course of the oral examina1on of a witness
shall be made as soon as the grounds therefor shall become reasonably apparent.

Tender of excluded evidence — If documents or things offered in evidence are excluded by the
court, the offeror may have the same aSached to or made part of the record. If the evidence
excluded is oral, the offeror may state for the record the name and other personal
circumstances of the witness and the substance of the proposed tes1mony.

WEIGHT AND SUFFICIENCY OF EVIDENCE

1. PROOF BEYOND REASONABLE DOUBT (Criminal Cases)
Does not mean such degree of proof as, excluding possibility of error, produces absolute
certainty. Moral certainty only is required, or that degree of proof which produces convic1on in
an unprejudiced mind.

Circumstan:al evidence to sustain convic:on:

a. More than one circumstance
b. Facts from which inferences are derived are proven
c. Combina1on of all circumstances such as to produce convic1on beyond reasonable doubt
SUBSTANTIAL EVIDENCE (Administra1ve Cases)
That amount of relevant evidence which a reasonable mind might accept as adequate to jus1fy
a conclusion.

Preponderance of evidence
In civil cases, the party having burden of proof must establish his case by a
preponderance of evidence. In determining where the preponderance or superior weight of
evidence on the issues involved lies, the court may consider all the facts and circumstances of
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the case, the witnesses' manner of tes1fying, their intelligence, their means and opportunity of
knowing the facts to which there are tes1fying, the nature of the facts to which they tes1fy, the
probability or improbability of their tes1mony, their interest or want of interest, and also their
personal credibility so far as the same may legi1mately appear upon the trial. The court may
also consider the number of witnesses, though the preponderance is not necessarily with the
greater number.

Presump:on of Death
ü Absence of 7 years - it being unknown whether or not, the absentee s1ll lives, he shall
be presumed dead for all purposes, except for those of succession
ü The following shall be considered dead for all purposes including the division of estate
among the heirs:
a. Person on board a vessel lost during a sea voyage, or an aircrav which is missing, who has not
been heard of for 4 years since the loss of the vessel or aircrav;
b. Member of the armed forces who has taken part in armed hos1li1es, and has been missing
for 4 years.
c. Person who has been in danger of death under other circumstances and whose existence has
not been known for 4 years;
d. If a married person has been absent for 4 consecu1ve years

Authen:ca:on under the Rules on Electronic Evidence

1. The person seeking to introduce an electronic document in any legal proceeding has the
burden of proving its authen1city (Sec. 1, Rule 5, Rules on Electronic Evidence).
2. As previously men1oned, the authen1ca1on of electronic document requires any of the
following means:
(a) by evidence that it had been digitally signed by the person purported to have signed the
same;
(b) by evidence that other appropriate security procedures or devices as may be authorized by
the Supreme Court or by law for authen1ca1on of electronic documents were applied to the
document; or
(c) by other evidence showing its integrity and reliability to the sa1sfac1on of the judge.

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CRIMINAL JUSTICE SYSTEM

Criminal Jus:ce System - sum total of instrumenta1on which a society uses in the
preven1on and control of crime and delinquency. It is also the machinery of the state or
government which enforces the rules of conduct necessary to protect life and property and to
maintain peace and order.

• Laws Govern the CJS

1. The 1987 Philippine Cons:tu:on
a. Legisla1ve (Art. VI) – enactment of laws (bicameral legislature)
b. Execu1ve (Art. VII) – implementa1on of laws
c. Judiciary (Art. VIII) – interpreta1on and applica1on of laws
d. The Revised Penal Code (Act 3815 as amended)
December 8, 1930 - signed into law
January 1, 1932 – took effect

1. Rules of Court
Nullum crimen, nulla poena sine lege “there’s no crime when there’s no law punishing
it”

DEFINITION OF TERMS
• Criminal - (Legal Point of view) a person who has been found guilty by final judgment by
court of competent jurisdic1on.
• Jus:ce - can be described in two basic principles:
(a) giving what is due to others, and
(b) trea1ng equals equally and unequal equally according to their inequality.
• System - refers to a process, procedure or scheme which is to be undertaken in order to
achieve certain ends.

Five stages in the Criminal Jus:ce Process

1. Arrest
2. Charging
3. Adjudica1on
4. Sentencing
5. Correc1ons
• Models of Criminal Jus:ce System
Due Process Model
- the person of the accused is presumed innocent un1l proven guilty beyond reasonable
doubt. It is the duty of the prosecu1on to prove that the accused is guilty. Rights of an individual
is co-equal with the safety of the public.

Crime Control Model

- the accused is presumed guilty and it is his obliga1on to prove his innocence. The most
important func1on of the CJS is the protec1on of the public.
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The American Criminal Jus:ce System as part of the Total Social System in the Community
Total Social System in the Philippines just like the US Model is also composed of the various
systems

CRIMINAL JUSTICE SYSTEM

CRIMINAL JUSTICE SYSTEM PROCESS
• Philosophies behind the CJS
•
1. ADVERSARIAL APPROACH
• Assumes innocence.
• The prosecutor has the burden of proof.
• The emphasis is given on the proper procedures.
2. INQUISITORIAL APPROACH
• Assumes guilt.
• The accused has the burden of proof.
• The emphasis is on the convic1on of the accused.
•
FIRST PILLAR: LAW ENFORCEMENT
- the first stage in the criminal jus1ce process pertains police or law enforcement
acBviBes which is carried on through INVESTIGATION of crimes that are reported to or
discovered by the police or aw enforcers.
- the ini:ator of the criminal jus:ce cycle. Its ac1ons and decisions essen1ally control or
dominate the acBviBes or funcBons of the other pillars.
-Its primary goal if crime preven>on.
- Pillar of CJS which is vulnerable/prone to corrup>on.
• Crime Preven:on – the elimina1on of the opportunity for the commission of a crime.
•
Crime Detec:on – is the discovery of the police that a crime had been commiSed. There are
tradi1onal ways that occurrence of crime is made known to the police:
1. When the vic1m personally reports the crime to the police.
2. When a witness personally reports the crime to the police; and
3. When the police catch an offender while in the commission of a crime.

POLICE ORGANIZATION
q a group of trained personnel in the field of public safety administra1on engaged
in the achievement of goals and objec1ves that promotes the maintenance of peace and
order, protec1on of life and property, enforcement of the laws and the preven1on of
crimes.

LAW ENFORCEMENT AGENCY

q pertains to an organiza1on responsible for enforcing the laws.
q the collec1ve term for professionals who are dedicated to upholding and enforcing the
laws and statutes that are currently in force in a given jurisdic1on.
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 • Various Law Enforcement Agencies:
• The Philippine Na1onal Police (P.N.P.)
• The Na1onal Bureau of Inves1ga1on (N.B.I.)
• The Philippine Drug Enforcement Agency (PDEA)
• The Bureau of Internal Revenue (BIR)
• The Bureau of Customs
• The Land Transporta1on Office (LTO)
• Metro Manila Development Authority (MMDA)
• Others

• RA 6975
- otherwise known as the DILG Act of 1990
-enacted on December 13, 1990;
- reorganized the DILG and established the Philippine Na1onal Police, Bureau of Fire
Protec1on, Bureau of Jail Management and Penology and the Philippine Public Safety College

• RA 8551
- otherwise known as the Philippine Na>onal Police Reform and Reorganiza>on Act of
1998,
- enacted on February 25, 1998
- this law amended certain provisions of RA 6975

• R.A. 9708 = Amending the provisions of R.A. 6975 and R.A. 8551 on the minimum
educaBonal qualificaBons for appointment to the PNP and adjus1ng the promo1on
system, August 12, 2009.

• Na:onal in Scope – means that PNP is a na1onwide government organiza1on whose

jurisdic1on covers the en1re breadth of the Philippine Archipelago.
• Civilian Character – means that the PNP is not a part of the military, although it retains
some military aSributes such as discipline.

• IMPORTANT FILIPINO PERSONALITIES IN THE EVOLUTION OF PHILIPPINE POLICING

• Brig Gen Rafael Crame - the first Filipino chief of the Philippine Constabulary in 1917
• Col. Antonio Torres- the first Filipino chief of police of the Manila Police Department in
1935
• Col. Lamberto Javalera- the first chief of police of the Manila Police Department aver
the Philippine Independence from the United States of America in 1946
• P/Dir Gen. Cesar Nazareno- the first chief of the Philippine Na1onal Police
•
PHILLIPINE NATIONAL POLICE
• Organized pursuant to RA 6975, as amended by RA 8551 and further amended by R.A.
9708.

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 • Law enforcement agency under the opera1onal control of the Department of the
Interior and Local Government and administra1ve supervision of the Na1onal Police
Commission
• Primary law enforcement agency, which is na1onal in scope and civilian in character
• Headed by the Chief, PNP, with the rank of Police General

Art XVI, Sec 6, 1987 Phil. Cons:tu:on – There should only be one police force that is
na1onal in scope and civilian in character to be administer by the Na1onal Police
Commission.

Inves:ga:on
The purpose of the inves1gatory stage is to gather sufficient evidence to iden1fy the suspect
and support a legal arrest. The process of inves1ga1on includes but not limited to:
a. Surveillance and observa1on of suspects
b. Taking of photographs surrep11ously or otherwise
c. Interview of persons with personal knowledge of facts
d. Entrapment suspects
e. Search of premises or persons and seizures of objects, subject to cons1tu1onal and statutory
safeguards
f. Examina1on of public and other available records pertaining to persons involved in crimes

Arrest - taking of person into custody so that he may be bound to answer for the commission of
an offense.

Custody
• The moment a\er an arrest is made, the detained suspect is considered under police
custody and is now restricted of his freedom of movement. The police may wish to
search the suspect for weapon or contraband.
Charging
• If the arres1ng officer or his superior believe that sufficient evidence exists the person is
charge with specific crime for which he had been arrested.
REFERRAL
• Aver the formal inves1ga1on has been completed the police has to referred the
inves>ga>on report/complaint to the prosecutors office, including the evidences
(Physical or documentary proof) and the suspect if he is in custody.
• COURT APPEARANCE/DUTY
• The police (inves1gator or arres1ng officer) when summon by the court must appear in
court to stand as witness for the prosecuBon.
•
OBJECTIVES OF POLICE
1) Crime preven:on – the preven1on and suppression of crimes have tradi1onally been
accepted as the primary goal of the local police forces.
2) Criminal apprehension – it is a police responsibility to idenBfy, locate and apprehend
offenders.
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3) Law enforcement – it is the basic responsibility of the police to enforce the law.
4) Order maintenance – one of the most troublesome responsibili1es of the police.
Crime Formula
Crime = Desire + Opportunity + Capability (DOC)
Desire = wan1ng of a person to commit the crime.
Opportunity = physical possibility for the crime to be commiSed.
Capability - ability of the offender to commit the crime (Methods, skills, tools etc.)
• Who may make/execute/effect arrest?
• Police officer (in both warrantless and arrest with warrant)
• Private individual (only warrantless arrest or ci1zens arrest)
• Members of inves1ga1on staff of the NBI (under RA 157, as amended)
• Who may make/execute/effect arrest?
• Bailor (may arrest the accused for the purpose of surrendering him in court)
• Sheriff or deputy Sheriff (may arrest a witness who failed to aSend and obey subpoena
despite proof of service thereof) (sec. 11, Rule 23)

• Who may make/execute/effect arrest?

• Provincial or City Proba1on officer (may arrest proba1oner under his care; Sec. 24, PD
968) – If absconding
• Commissioner of Land Transporta1on and his Depu1es (are authorized to make arrest
for viola1on of law insofar as motor vehicles are concerned; RA 4136, as amended)
• Head of Bureau of Immigra1on – alien deporta1on
• When is Warrantless Arrest Lawful? (Instances of warrantless arrest)
• When in his presence, the person to be arrested has commiSed an offense, actually
commimng an offense, or is aSemp1ng to commit an offense.
(Referred to as the in flagrante delicto rule)
• When is Warrantless Arrest Lawful? (Instances of warrantless arrest)
• When an offense has in fact just been commiSed, and he has personal knowledge
of facts indica1ng that the person to be arrested has commiSed it.
(Referred to as the “Hot pursuit” arrest rule)
• When is Warrantless Arrest Lawful? (Instances of warrantless arrest)
• When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or temporarily confined while
his case is pending, or has escaped while being transferred from one confinement to
another.
• Referred to as escaped felon rule
• When is Warrantless search Lawful? (Instances of warrantless search)
1.Warrantless Search incidental to a lawful arrest (Sec. 13, Rule 126)
2. Seizure of evidence in plain view;
3. Search of a moving vehicle;
4. Consented warrantless search;
5. Customs search (vessels/aircrav for viola1on of immigra1on, customs and drug laws);
6. Stop and Frisk; and
7. Exigent and emergency circumstances.
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8.Searches of buildings and premises to enforce, fire, sanitary and building regula1ons.
• Raid = It is a surprise invasion of a building or an area. It is an aSack on small scale or a
limited territory.
• Entrapment = it refers to the ways and means of capturing or trapping a law violator.
• Buy-bust opera>on = a form of entrapment employed by peace officers to catch a
malefactor in flagrante delicto.
• Ins>ga>on = It is a process by which the ins1gator prac1cally induces the would be
defendant into the commission of the offense, and himself becomes a co-principal.
• Miranda vs. Arizona, 1966 – “Miranda Rights”, “Miranda Warning”, Miranda Doctrine
• Ar:cle 3, Sec:on 12, and Sec:on 17.
• R.A. 7438 – Law providing for the rights of a person arrested, detained or otherwise
under custodial inves1ga1on.
• R.A. 9745– An1-Torture law.
• Criminal Inves:ga:on = Art and science of Iden1fying, loca1ng and tracing law violators
and providing evidence of their guilt.
• Cardinal Rule = 5W & 1H
• Three tools = (3 I’s) Informa1on, Interview/Interroga1on, and Instrumenta1on
•
Other Law enforcement Agencies:
Na:onal Bureau of Inves:ga:on (NBI)
• Originally it was called the Division of Inves1ga1on established on November 14, 1936,
pursuant to Commonwealth Act no. 181.
• R.A. 157, June 19,1947= reorganized into the Bureau of Inves>ga>on.
• Execu:ve Order No. 94, October 4, 1947 renamed it the NaBonal Bureau of
InvesBgaBon.
• “two-pillar rule” in inves1ga1on --- Thoroughness and legality.
Philippine Drug Enforcement Agency (PDEA)
• Created by virtue of R.A. 9165, otherwise known as the Comprehensive Dangerous Drug
Act of 2002 which was approved June 7, 2002 and took effect on July 4, 2002, amending
R.A. 6425 (Dangerous Drug Act of 1972).
• Agency in-charge of enforcing R.A. 9165
• under the Administra1ve supervision of the Dangerous Drug Board (DDB)-the policy
making body.
Bureau of Internal Revenue (BIR)
• Mandated to assess and collect all na1onal internal
• Revenue taxes, fees and charges and to enforce all forfeitures, penalBes and fines
connected therewith, including the execuBon of judgments in all cases decided in its
favor by the Court of Tax Appeals (CTA) and the ordinary courts .
Bureau of Customs (BOC)
• Created by virtue of Act no. 355, known as the Philippine Customs Administra1ve Act,
February 6, 1902. Later it was reorganized in October 4, 1987.
• It exercise exclusive jurisdic1on over seizure and forfeiture cases under the Tariff and
Customs laws
• Land Transporta:on Office (LTO)
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 • MMDA

OTHER GOVERNMENT AGENCIES WITH SPECIAL LAW ENFORCEMENT POWERS

ü Philippine Drug Enforcement Agency (PDEA)
ü Bureau of Immigra:on
ü Bureau of Customs
ü Bureau of Internal Revenue (BIR)
ü Bureau of Food and Drugs (BFAD)
ü Bureau of Quaran:ne
ü Land Transporta:on Office (LTO)
ü Mari:me Industry Authority (MARINA)
ü Movie and Television review and Classifica1on Board (MTRCB)
ü Op1cal Media Board (OMB)
ü Intellectual Property Office (IPO)
ü Department of the Environment and Natural resources (DENR)
ü Bangko Sentral ng Pilipinas (BSP)
ü Other government agencies clothed with special law enforcement powers
• Prosecu:on Determiner of Probable Cause
Existence of such facts and circumstances as would excite a belief in a reasonable mind,
ac1ng on the facts within the knowledge of the prosecutor, that the person charged is guilty of
the crime for which he is prosecuted

SECOND PILLAR: PROSECUTION

• The prosecu1on arm of the government is generally vested in the Department of Jus1ce
(Administra1ve code of 1987) under the direc1on, supervision and control of the
secretary of jus1ce where the interest of the government is in issue.
• The prosecu1on service is made up of the Chief State Prosecutor, The Regional
Prosecutors, The Provincial Prosecutors, The City/Municipal Prosecutors, and such
others Prosecutorial offices as may be establish by law.
• Other Examples of Prosecu:on Agencies
1. Office of the Solicitor General (State Prosecutor)
2. Office of the Ombudsman

WHAT IS PROSECUTION ?
course of ac1on or process whereby accusaBons are brought before a court of jusBce to
determine the innocence or guilt of the accused.
• What are the roles of prosecu:on?
1. EVALUATE the police findings referred to them, or other complaints filed directly with them
by individual person; (Includes P.I./INQUEST)
2. FILE corresponding criminal complaints or informa1on in the proper courts on the basis of
their evalua1on on the proofs at hand; and
3. PROSECUTE all alleged offenders in court, in the name of the people of the Philippines.
• Q: Why is it the duty of the Prosecutor is said to be to represent the government not the
offended private individual in a criminal proceeding?
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A: This is based on the principle that acts and omissions punishable by law when commiSed are
always against the public interest and not only against the offended individual.
This is also the reason why in a criminal case, the cap1on is in the name of the “People
of the Philippines vs. a par1cular individual(s)”.
• Q: Who shall prosecutes criminal ac1ons?
• Who Prosecutes Criminal Ac1ons?
A: All criminal acBons must be prosecuted by a Public Prosecutor.
• Q: Can a Private Prosecutor prosecutes criminal acBons?

A: Yes. In case the complainant hired a private lawyer to prosecute the case, he can be under
the strict supervision of the government/public prosecutor.
• Prosecu:on Process
1. Evalua:on of complaint
Complaint – is a sworn wriHen statement charging a person with an offense, subscribed
by the offended party, any peace officer or other public officer charged of the enforcement of
the law violated.
• Q: What could be the possible ac1ons of the Prosecutor aver evalua1ng the complaint?
• A: AcBons could either be to dismiss the complaint or move for the filing of informaBon
in Court.

• 2. Conduct of Preliminary Inves:ga:on

Preliminary Inves:ga:on – it is an inquiry or proceeding for the purpose of determining
whether there is sufficient ground to engender a well founded belief that a crime cognizable by
the RTC has been commiSed and that the respondent is probably guilty thereof, and should be
held for trial. (Sec. 1, Rule 112)
• Officers Authorized to Conduct Preliminary Inves:ga:on
• Na1onal and Regional State prosecutors;
• Provincial or City Prosecutors and their assistants;
• Chief legal officer of the COMELEC in prosecu1ng elec1on offenses;
• The Ombudsman;
• Special prosecutor;
• Prosecutors duly authorized by the ombudsman in prosecu1ng offenses cognizable by
the Sandiganbayan.
• NOTE:
• The authority of the judges of the Municipal Trial courts and Municipal Circuit
Trial courts to conduct a preliminary invesBgaBon was revoked by A.M. 05-8-26-
SC
• Filing of an Informa:on aler finding probable cause
Informa:on - An accusa1on in wri1ng charging a person with an offense subscribed by the
prosecutor and filed with the court.
• An affidavit is a statement of facts under oath.
• A subpoena is a process directed to a person requiring him to aSend and to tes1fy at the
hearing or the trial of an ac1on. (sec. 01 rule 23, Rules of court)
• INQUEST PROCEEDING
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It is an informal and summary inves1ga1on conducted by a public prosecutor in criminal cases
involving persons arrested and detained without the benefit of a warrant of arrest issued by the
court for the purpose of determining whether or not said person should remain under custody
and correspondingly be charged in court.
• Q: What could be the possible remedy of the suspect/offender if found out that
there exist probable cause in the offense charge and an informaBon was filed in
court?

• A: Filing of Bail
• Bail – Is the security given for the temporary release of the person in custody of
the law.

Bail may be given in the form of:

• Property bond – personal or real property serving as lien on the amount of bail to be
paid.
• Cash deposit
• Corporate Surety – a corpora1on serving as a surety for the temporary liberty of the
accused person.
• Recognizance – responsible person (known probity) who will guarantee with court
appearance

• Q: Is BAIL a maHer of right?

YES. Before or aver convic1on in MTC. Before convic1on in RTC. (Sec 4.)

THIRD PILLAR: COURT (center piece of CJS)

• an organ of the government belonging to the judicial department whose func1on is the
applica1on of the laws to controversies brought before it and the public for the
administra1on of jus1ce.

JUDICIARY
• that branch of the government which is vested with judicial power
• that branch of the government which is empowered to interpret, construe and apply the
laws.

JUDICIAL POWER
• power to apply the laws to contests or disputes concerning legally recognized rights or
du1es of and between the state and the private persons or between individual liBgants
in cases properly brought before the judicial tribunals.

POWER OF JUDICIAL REVIEW

• determine whether laws passed by Congress and acts of the President are in accord with
the ConsBtuBon when the maLer is raised
• JURISDICTION
- the power and authority of a court to hear, try and decide cases.
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 • BP 129
- otherwise known as the Judiciary Reorganiza1on Act of 1980.

KINDS OF JURISDICTION:
1) General – when the court is empowered to decide all disputes which may come before it
except those assigned to other courts. (RTC)
2) Limited – when the court has the authority to hear and determine only a few specified cases.
(CTA)
3) Original – when the court can try and hear a case presented for the first 1me. (MTC/RTC)
4) Appellate – when the court can try a case already heard and decided by a lower court,
removed from the laSer by appeal. (SC/CA/RTC)
5) Exclusive – when the court can try and decide a case which cannot be presented before any
other court. (SANDIGANBAYAN)
6) Concurrent – when any of two or more courts may take cognizance of a case.
• THE BASIC COURT SYSTEM IN THE PHILIPPINES
• In the Philippines the regular courts engage in the administra1on of jus1ce is organized
into four (4) levels as depicted above.
• THIRD LEVEL COURT
A. Court of Appeals (CA)
- Composed of 68 Associate Jus1ce and headed by 1 Presiding Jus1ce.
- It is essen1ally an appellate court (not a trial court); second highest tribunal.
- has appellate jurisdic1on over cases decided by the Regional Trial Court ;
- Dec. 30 , 1996 R.A 8246
Reviews decision rendered by the CTA
• Jurisdic1on of the Court of Appeals
• • Has appellate jurisdic1on over cases decided by the RTC
• • Exclusive appellate jurisdic1on over all final judgments, decisions, resolu1ons,
orders or awards of Regional Trial Courts and quasi-judicial agencies, instrumentali1es,
boards or commissions, including the Securi1es and Exchange Commission, the Social
Security Commission, the Employees Compensa1on Commission and the Civil Service
Commission, except those falling within the appellate jurisdic1on of the Supreme Court
in accordance with the Cons1tu1on.
• FOURTH LEVEL COURT
A. Supreme Court (SC)
- composed of 1 Chief Jus1ce and 14 Associate Jus1ces
- the highest court of the land
- it is the court of last resort, for no appeal lies from its final judgments and final orders.
- it exercises appellate jurisdic1on over cases decided by the Court of Appeals or the
Regional Trial Courts.
-shall have administra1ve supervision over all courts
- shall have the power to discipline judges of the lower courts
-shall have the power of judicial review
• • The Supreme Court has both original and appellate jurisdic1on.

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 • It exercises original jurisdic1on over cases affec1ng ambassadors, other public ministers
and consuls, and over pe11ons for cer1orari, prohibi1on, mandamus, quo warranto, and
habeas corpus.
SPECIAL COURTS
A. COURT OF TAX APPEALS
- created under RA 1125
-composed of 8 Associate Jus1ces and 1 Presiding Jus1ce
- has exclusive appellate jurisdic1on to review on appeal decisions of the Commissioner
of the Bureau of Internal Revenue involving internal revenue taxes and decisions of the
Commissioner of the Bureau of Customs involving customs du1es
B. SANDIGANBAYAN
- created pursuant to PD 1606
- tasked to handle criminal cases involving grav and corrup1on and other offenses commiSed
by high- ranking public officers and employees in connec1on with the performance of their
func1ons
- RA 3019, RA 1379, RA 7080
Salary grade 27 and above (C/SUPT.) (87,229.00)
C. SHARIA COURTS
- created pursuant to PD 1083, otherwise known as the “Code of Muslim Personal Laws
of the Philippines”
- created as part of the judicial system courts of limited jurisdic1on known as the Sharia
Courts
- Sharia District Court are presided by District Judges (5)
-Sharia Circuit Trial Courts are presided by circuit judges (55)
Which of the following is formerly known as Inferior Courts? (CLE2014)
A. Court of Appeals
B. Regional Trial Court
C. Municipal Trial Court
D. Sandiganbayan

ARRAIGNMENT
- consists of reading the informa1on to the accused and asking him, in open court whether or
not he is guilty of what is alleged against him.
Q: Can an accused send another person as subs1tute for him to enter his plea?
A: No. The accused must personally enter his plea even he is charged with a light offense only.
Q: Why is it important that a plea must be entered?
A: To make an issue. Without an issue, there is nothing to be tried and nothing on which the
judgment and sentence of a court can be properly predicated.

PRE-TRIAL
- Mandatory requirement in criminal cases. The goal is to expedite the trial or disposi1on of
cases.

PRE-TRIAL (Rule 118 sec. 2A)

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1. Plea bargaining
2. S1pula1on of facts
3. Marking of evidence
4. Waiver of objec1ons to admissibility of evidence
5. Modifica1on of order of trial (self-defense)
6. Other maSers that will promote a fair and expedi1ous trial of the criminal and civil aspects of
the case.

Plea Bargaining
- the process whereby the accused and the prosecu1on work out a sa1sfactory disposi1on of
the case subject to court approval. It usually involves the accused pleading guilty to a lesser
offense or to only one or some counts of several charges in return for a lighter penalty.

TRIAL
- the process by which the offended party represented by the public prosecutor/private
prosecutor presents all their evidence to prove that the offense charges was commiSed and the
accused will likewise present his evidence to prove his innocence.
No case shall exceed 180 days.

Due process of law - means the right to be heard before it condemns

Evidence – is a means, ascertaining in in a judicial proceeding the truth respec1ng a
maSer of fact.
Factum Probandum – ULTIMATE FACT or the fact sought to be established.

A. JUDGMENT OF CONVICTION
- When the judge finds the accused GUILTY of the charges against him.
It shall include the following:
- The legal qualifica1on of the offense cons1tuted by the acts commiSed by the accused
and the aggrava1ng or mi1ga1ng circumstances which aSended its commission.
-The par1cipa1on of the accused in the offense, whether as principal, accomplice or
accessory aver the fact
-The penalty imposed upon the accused
-The civil liability or damages caused by his wrongful act or omission to be recovered
from the accused by the offended party unless the enforcement of the civil liability by a
separate civil ac1on has been reserved or waived. All person criminally liable is also civilly liable.

B. JUDGEMENT OF ACQUITTAL
- When the judge finds the accused not guilty of the charges against him.
- shall state whether the evidence of the prosecu1on absolutely failed to prove the
guilt of the accused or merely failed to prove his guilt beyond reasonable doubt.

PROMULGATION OF JUDGMENT
- by reading in the presence of the accused and any judge of the court in which it was
rendered.
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 - if the judge is absent, the judgment may be promulgated by the clerk of court.
A judgment becomes final:
• When the period for perfec1ng an appeal has lapsed
• When the sentence is par1ally or totally sa1sfied or served.
• When the accused expressly waives in wri1ng his right to appeal
• When the accused applies for proba1on.
• FOURTH: CORRECTION
Defini:on: Is that branch of administraBon of criminal jusBce charged with the
responsibility for the custody, supervision and rehabilitaBon of convicted offenders. (CLE Apr
2016)
- Considered the weakest pillar because of its inability to reform and rehabilitate
convicted offenders. (CLE 2010)
• Penology = a branch of criminology which deals with the treatments, management and
administra1on of inmates.
• Reforma:on – the State punishes the criminal to help him reform or be rehabilitated.
• Exemplarity – the State punishes the criminal to serve as an example to others and
discourage others from commimng crimes.
• Jus:ce – the State punishes the criminal as an act of retribu1ve jus1ce, a vindica1on of
absolute right and moral law violated by the criminal.
• Punishment – it is the redress that the state takes against the offended member of
society.
• Philippine Prison System
– paSerned aver the US Federal Prison System.
• E.O 292 or the “Prison law”
- basic law in the Philippines Prison System found in the Revised Administra1ve Code.
- The law which renamed the Bureau of Prison to Bureau of Correc1on.
• P.D. 29
- the law that classified prisoners.

Classifica:on of Prisoners
A. According to Sentence/place of confinement
• Na:onal or Insular Prisoner – one who is sentenced to serve a prison term of
three (3) years and one (1) day to death.
• Provincial Prisoners – one who is sentenced to serve a prison term of six (6)
months and one (1) day to three years. (CLE Apr 2016)
• City Prisoners – one who is sentenced to serve a prison term of one (1) day to
three (3) years.
• Municipal Prisoner – one who is sentenced to serve a prison term of one (1) day
to six (6) months. (2x CLE Apr 2016)
•
According to Status
• Deten:on prisoners (FIT) – those held for security reasons, invesBgaBon, those
awaiBng or undergoing trial and awaiBng final judgment.
• Sentenced prisoners – those convicted by final judgment and serving their sentence.
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Jails
– ins1tu1ons for confinement of convicted offenders sentenced to imprisonment of
three (3) years or less.
- ins1tu1on for the confinement of those held for security reasons, invesBgaBon,
undergoing trial or awaiBng final judgment.
- derived from the Spanish word “jaula” and “caula”.

NOTE:
• Provincial jails are administered and supervised by their respec1ve provincial
governor.
• City and municipal jails are administered and supervised by the Bureau of Jail
Management and Penology (BJMP).

• FIFTH: COMMUNITY
- Considered as the INFORMAL pillar of the Criminal Jus1ce System.
-the fivh pillar of CJS includes but is not limited to individuals, private groups and public
en11es who when performing or are involved in related criminal jus1ce ac1vi1es, become part
of the system.

• KATARUNGANG PAMBARANGAY
• PD 1293 – the law “CREATING A KATARUNGANG PAMBARANGAY COMMISSION TO
STUDY THE FEASIBILITY OF RESOLVING DISPUTES AT THE BARANGAY LEVEL
promulgated on 27 January 1978
• PD 1508 – the law “ESTABLISHING A SYSTEM OF AMICABLY SETTLING DISPUTES AT THE
BARANGAY LEVEL
• RA 7160 – otherwise known as the “LOCAL GOVERNMENT CODE OF 1991
provides for the REVISED KATARUNGANG PAMBARANGAY LAW enacted on 10 October
1991
• Barangay Jus1ce System
• Barangay Jus1ce System: mandated by Republic Act No. 7160 or the Local Government
Code of 1991. Prior to this law, however, the establishment of the Barangay Jus1ce
System had been covered by Presiden1al Decree 1508 in 1978 and BP Blg. 337 or the
Local Government Code.
• There is hereby created in each barangay a Lupong Tagapamayapa, hereinaver referred
to as the lupon, composed of the punong barangay, as chairman and 10 to 20 members.
The lupon shall be cons1tuted every 3 years in the manner provided herein.
• Any person actually residing or working, in the barangay, not otherwise expressly
disqualified by law, and possessing integrity, impar1ality, independence of mind, sense
of fairness, and reputa1on for probity, may be appointed a member of the lupon.
• A no1ce to cons1tute the lupon, which shall include the names of proposed members
who have expressed their willingness to serve, shall be prepared by the punong
barangay within the first 15 days from the start of his term of office. Such no1ce shall be

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 posted in three (3) conspicuous places in the barangay con1nuously for a period of not
less than 3 weeks;
• The punong barangay, taking into considera1on any opposi1on to the proposed
appointment or any recommenda1ons for appointment as may have been made within
the period of pos1ng, shall within 10 days thereaver, appoint as members those whom
he determines to be suitable therefor. Appointments shall be in wri1ng, signed by the
punong barangay, and aSested to by the barangay secretary.
• The list of appointed members shall be posted in 3 conspicuous places in the barangay
for the en1re dura1on of their term of office; and
• In barangays where the majority of the inhabitants are members of indigenous cultural
communi1es, local systems of seSling disputes through their councils of datus or elders
shall be recognized without prejudice to the applicable provisions of this Code.
• REQUIREMENT PRIOR TO THE FILING OF CASE IN COURT
• KATARUNGANG PAMBARANGAY
- It was created by virtue of PD 1508 on June 1978.
-Likewise, RA 7160 (local Government Code of 1991) integrated provisions to strengthen
katarungang pambarangay specially sec1ons 399 – 422.
• KATARUNGANG PAMBARANGAY
• - It was created purposely to give the appropriate barangay chairman and barangay
lupon officials to amicably seSle cases within their jurisdic1on.
• Amicable SeSlement
• – It is the process of solving or seSling disputes in a certain barangay.
The Barangay Court System was created to amicably seSle cases within their respec1ve
barangay, punishable by imprisonment not exceeding?
a) One year
b) Two years
c) Three years
d) Four years
• Offenses punishable by the RPC cognizable by the Lupon
1. Alarms and scandals (Art. 155)
2. Use of false cer1ficates (Art. 175)
3. Concealing one’s true name and other personal circumstances (Art. 178, par 2)
4. Physical injuries commiSed in tumultuous affray (art. 252)
5. Slight physical injuries and maltreatment (art. 266)
6. Other forms of trespass (art. 287)
7. Other light coercion or unjust vexa1ons (art. 287)
8. Other light threats (art. 285)
9. Some forms of thev (art. 308, par 3, and art 309, par 8)
10. Altering boundaries or landmarks (art 313)
11. Other deceits (art 3180)
12. Arson of property of small value (art 323)
13. Social cases of malicious mischief’s (328)
14. Other mischief’s (art 329)

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 NOTE:
• All these offenses are punishable by imprisonment not exceeding 30 days andor fine not
exceeding P200. – A. menor
• Under the New Local Gov’t code, all offenses punishable by not more than one year
imprisonment and P5,000 fine is now within the jurisdic1on of the Lupon.
• Excep1ons to the jurisdic1on of katarungang pambarangay
• Where one party is the government, or any subdivision or instrumentality thereof;
• Where one party is a public officer or employee, and the dispute relates to the
performance of his official func1ons;
• Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding Five
thousand pesos (P5,000.00);
• Offenses where there is no private offended party;
• Where the dispute involves real proper1es located in different ci1es or municipali1es
unless the par1es thereto agree to submit their differences to amicable seSlement by an
appropriate lupon;
• Disputes involving par1es who actually reside in barangays of different ci1es or
municipali1es, except where such barangay units adjoin each other and the par1es
thereto agree to submit their differences to amicable seSlement by an appropriate
lupon;
• Such other classes of disputes which the President may determine in the interest of
Jus1ce or upon the recommenda1on of the Secretary of Jus1ce.
• The court in which non-criminal cases not falling within the authority of the lupon under
this Code are filed may at any 1me before trial motu propio refer the case to the lupon
concerned for amicable seSlement.
• Venue
• Disputes between persons actually residing in the same barangay shall be brought for
amicable seSlement before the lupon of said barangay.
• Those involving actual residents of different barangays within the same city or
municipality shall be brought in the barangay where the respondent or any of the
respondents actually resides, at the elec1on of the complaint.
• All disputes involving real property or any interest therein shall be brought in the
barangay where the real property or the larger por1on thereof is situated.
• Those arising at the workplace where the contending par1es are employed or at the
ins1tu1on where such par1es are enrolled for study, shall be brought in the barangay
where such workplace or ins1tu1on is located.
•
LUPONG TAGAPAMAYAPA
-It is a body of men created to seSle disputes within the barangay level. It is also
referred to as the LUPON.

Composi:on of the Lupon

The Lupon shall be composed of the Barangay Chairman as Chairman of the Lupon and
the Barangay Secretary as the Secretary of the Lupon, plus other members who shall be not less
than ten (10) but not more than twenty (20). It shall be cons1tuted every three (3) years.
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 • Func1ons of the Lupon
• Exercise administra1ve supervision over the concilia1on panels provided herein;
• Meet regularly once a month to provide a forum for exchange of ideas among its
members and the public on maSers relevant to the amicable seSlement of disputes, and
to enable various concilia1on panel members to share with one another their
observa1ons and experiences in effec1ng speedy resolu1on of disputes; and
• Exercise such other powers and perform such other du1es and func1ons as may be
prescribed by law or ordinance.
• Qualifica:on to become members of the Lupon
Any resident of the barangay of reputable character may be appointed as
member of the Lupon. Members of the Lupon shall be appointed by the Barangay Chairman
with the term of three (3) years.

• Basic func:on of the Lupon

Essen1ally, the Lupon must provide a forum for maHers relevant to the
amicable seHlement of disputes for the speedy resolu:on of disputes.

PANGKAT TAGAPAGKASUNDO
-It shall act as the concilia1on panel. It is also referred to as the PANGKAT.
-It shall be composed of three (3) members chosen from the members of the Lupon.
They shall choose from among the three of them the Pangkat Chairman and Pangkat Secretary.
- The Pangkat shall be consBtuted whenever a dispute is brought before the Lupon.
• Should the par1es fail to agree on the pangkat membership, the same shall be
determined by lots drawn by the lupon chairman
• 3 members cons1tu1ng the pangkat shall elect from among themselves the chairman
and the secretary. The secretary shall prepare the minutes of the pangkat proceedings
and submit a copy duly aSested to by the chairman to the lupon secretary and to the
proper city or municipal court. He shall issue and cause to be served no1ces to the
par1es concerned.

PROCEDURE FOR AMICABLE SETTLEMENT

1. Who may ini:ate proceedings?
Any individual who has a cause of acBon against another individual involving any maSer
within the authority of the Lupon may complain, orally or in wri1ng, to the Lupon.
CAUSE OF ACTION – an act or omission of one party in viola1on of the legal rights of another
for which the laSer suffers damage which affords a party to a right to judicial interven1on.
2. Upon receipt of the complaint the Chairman shall meet with the respondent and
complainant and mediate. If he FAILS in his media1on within fiveen (15) days, he shall set a
date for the consBtuBon of the Pangkat.

• Alterna:ve Dispute Resolu:on which are commonly used in Katarungang

Pambarangay:

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 • Media:on – voluntary process in which a mediator, selected by the dispu1ng par1es,
facilitates communica1on and nego1a1on, and assists the par1es in reaching a voluntary
agreement regarding a dispute.

• Concilia:on – process in which an impar1al person acts as an intermediary to open

communica1on between par1es to resolve their dispute.

• Arbitra:on – voluntary dispute resolu1on process in which one or more arbitrators,

appointed in accordance with the agreement of the par1es, or rules promulgated
pursuant to law, resolve a dispute by rendering an award.

3. The Pangkat shall meet not later than three (3) days aver their cons1tu1on, on the date set
by the Chairman, to hear both par1es.
4. The Pangkat shall arrive at a seLlement of the dispute within fi\een (15) days from its
mee1ng. This period may be extended for another fi\een (15) days, at the discre1on of the
Pangkat.

What happens if both par1es agreed?

What if not?

Effect of the amicable seHlement:

• The amicable seSlement shall have the force and effect of a final judgment of a court
upon the expira1on of ten (10) days from the date of seSlement.
•
Purpose of amicable seHlement:
“Because it is a pre-condi:on to filing of complaint in court”
• “No complaint involving any maSer within the authority of the Lupon shall be filed
directly in court unless there has been a confronta1on between the par1es before the
Chairman or the Pangkat, and that no concilia1on or seSlement has been reached as
cer1fied by the Secretary, or unless the seSlement has been repudiated by the par1es.”

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 CRIMINAL PROCEDURE
CRIMINAL PROCEDURE
It is the method prescribed by law for the apprehension and prosecu1on of persons accused of
any criminal offense and for their punishment, in case of convic1on.
CRIMINAL JURISDICTION
It is the authority to hear and try a par1cular offense and impose the punishment for it
Venue
Is defined as the par1cular country or geographical area in which a court with jurisdic1on may
hear and determine a case.
Systems of Criminal Procedure
Inquisitorial
– the detec1on and prosecu1on of offenders are not lev to te ini1a1ve of private par1es but to
the officials and agents of the law. Presumed guilty un1l proven innocent.
Accusatorial
–As the ac1on is a combat between the par1es, the supposed offender has the right to be
confronted by his accuser. The baSle in the form of a public trial is judged by a magistrate who
renders a verdict.
The essence of the accusatorial system is the right to be presumed innocent.
To defeat this presump1on, the prosecu1on must establish proof of guilt beyond reasonable
doubt.
Mixed – This is a combina1on of the inquisitorial and accusatorial systems. The examina1on of
defendants and other persons before the filing of the complaint or informa1on is inquisitorial.
We used this in the Philippines
REQUISITES FOR VALID EXERCISE OF CRIMINAL JURISDICTION:
1. Jurisdic:on over the subject maHer – is the power to hear and determine cases of the general
class to which the proceedings in ques1on belong by virtue of the imposable penalty or its nature,
is one which the court is by law authorized to take cognizance of; conferred by law.
2. Jurisdic:on over the territory where the offense was commiHed – the offense must have been
commiSed within the territorial jurisdic1on of the court; jurisdic1on over the territory; cannot
be waived
3. Jurisdic:on over the person of the accused
– the person charged with the offense must have been brought to its presence for trial, forcibly
by warrant of arrest or upon his voluntary submission to the court.
What determines jurisdic:on
Jurisdic1on is determined by the extent of the penalty which the law imposes, on the basis of the
facts as recited in the complaint or informa1on cons1tu1ve of the offense charged
GENERAL RULE:
Jurisdic1on of a court to try criminal ac1on is to be determined by the law at the 1me of the
ins1tu1on of the ac1on.
Venue is jurisdic:onal
Thus: Ac1on must be ins1tuted and tried in the municipality or territory where the offense has
been commiSed or where any one of the essen1al ingredients thereof took place.
Criminal jurisdic:on of MTCs
GENERAL RULE:
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MTC has jurisdic1on over all offenses, the maximum penalty of which as provided by law does
not exceed 6 years (prision correc1onal).
EXCEPTION: In cases where the only penalty provided by law is a fine, the amount whereof shall
determine the jurisdic1on of the court:
• MetroTC, MTC, and MCTC: if fine is not more than 4000 pesos.
• RTC: if fine exceeds 4000 pesos, including offenses commiSed by public officers and employees
in rela1on to their office, where the amount of the fine does not exceed 6000pesos. (SC Court
Circular No. 09-94)
Jurisdic:on of the RTC
Offenses punishable by imprisonment of exceeding 6 years.
Viola1on of R.A 9262
Viola1on of Environmental laws
Jurisdic:on of Sandigan Bayan
Offense commiSed by Public Officer with S.G 27 in rela1on to public office.

CRIMINAL ACTION
It is an ac1on by which the State prosecutes a person for an act or omission punishable by law.
Ins>tu>on of Criminal Ac>ons
For offenses which require preliminary inves:ga:on:
By filing the complaint with the proper officer for preliminary inves1ga1on.
• Preliminary inves1ga1on is required for offenses where the penalty prescribed by law is
at least 6 years and 1 day of imprisonment without regard to the fine
For all other offenses, or for offenses which are penalized by law with lower than at least 6
years and 1 day
Ins1tuted directly with the MTC and MCTC, or the complaint is filed with the Office of the
Prosecutor
Excep1ons:
• In Manila and other chartered ci1es, the complaint shall be filed with the Office of the
Prosecutor unless otherwise provided in their charters.
Notes:
DOES NOT APPLY: To offenses which are subject to summary procedure
The ins1tu1on of the criminal ac1on shall interrupt the running period of prescrip:on of the
offense charged unless otherwise provided in special laws.

REQUISITES OF A COMPLAINT OR INFORMATION

1. in wri1ng
2. in the name of the People of the Philippines
3. Against all persons who appear to be responsible for the offense involved.
Who is the real offended party?
The People of the Philippines, but since the crime is also an outrage against the offended party,
he is en1tled to intervene in its prosecu1on in cases where the civil ac1on is impliedly ins1tuted
therein.
COMPLAINT

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It is a sworn wriSen 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.
1. Complaint for the purpose of ins1tu1ng criminal ac1on
2. Complaint for the purpose of Preliminary Inves1ga1on
INFORMATION
It is an accusa1on in wri1ng charging a person with an offense, subscribed by the prosecutor and
filed with the court.

WHAT IS THE FORM REQUIRED FOR THE COMPLAINT OR INFORMATION?

1. Shall be in wri1ng
2. In the name of the People of the Philippines
3. Against all persons who appear to be responsible for the offense involved
IF THE OFFENDED PARTY DIES BEFORE HE IS ABLE TO FILE A COMPLAINT, CAN HIS HEIRS FILE IT IN
HIS BEHALF?

Who Must Prosecute Criminal Ac>ons

Full Discre:on and Control of the Prosecutor
All criminal ac1ons commenced by complaint of informa1on shall be prosecuted under the
direc1on and control of the prosecutor. A Public Prosecutor.
Private Prosecutor Par:cipa:on:
May a public prosecutor allow a private prosecutor to ac1vely handle the conduct of the trial?
Yes, Public Prosecutor must be
present during the proceedings and must take over the conduct of the trial from the private
prosecutor at any 1me the cause of the prosecu1on may be adversely affected

PROSECUTION OF PRIVATE CRIMES

Who may prosecute?
1. Concubinage and adultery – only by the offended spouse who should have the status, capacity
and legal representa1on at the 1me of filing of the complaint regardless of age; Both guilty par1es
must be included in the complaint.
2. Seduc:on, Abduc:on and Acts of Lasciviousness – prosecuted exclusively and successively by
the following persons in thisorder:
a. By the offended woman;
b. By the parents, grandparents or legal/judicial guardians
c. By the State pursuant to the doctrine of parens patriae, when the offended party dies or
becomes incapacitated before she could file the complaint and she has no known parents,
grandparents or guardians.

3. A defama1on impu1ng to a person any of the foregoing crimes of concubinage, adultery,

seduc1on, abduc1on, rape or acts of lasciviousness can be prosecuted only by the party or par1es
defamed (ArBcle 360, last paragraph, Revised Penal Code).
NOTE: If the offended party is of legal age and does not suffer from physical or mental disability,
she alone can file the complaint to the exclusion of all.

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IF THE OFFENDED PARTY DIES DURING THE PENDENCY OF THE CASE, IS THE CRIMINAL LIABILITY
OF THE ACCUSED EXTINGUISHED?

Sufficiency of complaint or informa>on

A COMPLAINT IS SUFFICIENT IF IT STATES:
1. the name of the accused
2. the designa1on of the offense by a statute
3. the acts or omission complained of as cons1tu1ng the offense
4. the name of the offended party
5. the approximate 1me of the commission of the offense
6. the place where the offense was commiSed.

Duplicity of the Offense

The informa1on is defec1ve when it charges two or more DISTINCT or DIFFERENT offenses. A
complaint or informa1on must charge only one offense, except when the law prescribes a single
punishment for various offenses.
EXCEPTIONS TO THE RULE ON DUPLICITY
1. con1nuing crimes (delito con1nuado)
2. complex crimes (delito complejo)
3. special complex crimes
What is the effect of the failure of the accused to object to a duplicitous informa:on?

Amendment or Subs>tu>on
KINDS OF AMENDMENT BEFORE THE ACCUSED ENTERS HIS PLEA,
a complaint or informa1on can be amended in form or in substance without leave of court.
Except: Any amendment before plea, which downgrades the nature of the offense charged in or
excludes any accused from the complaint or informa1on, can be made only upon mo1on by the
prosecutor, with no1ce to the offended party and with leave of court.
AFTER PLEA, only formal amendments may be made only with leave of court and when it can be
done without causing prejudice to the rights of the accused

Subs:tu:on
If it appears at any 1me before judgment that a mistake has been made in charging the
proper offense, the court shall dismiss the original complaint or informa1on upon the filing of a
new one charging the proper offense in accordance with sec1on 19, Rule 119, provided the
accused shall not be placed in double jeopardy. The court may require the witnesses to give bail
for their appearance at the trial.

Place where ac>on is to be ins>tuted

VENUE IN CRIMINAL CASE IS JURISDICTIONAL, BEING AN ESSENTIAL ELEMENT OF
JURISDICTION.
a. In the court of the municipality or territory where the offense was commiSed or where any of
its essen1al ingredients occurred(Excep1on: Sandiganbayan cases)
b. If commiSed in a train, aircrav, or other public or private vehicle:
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c. If commiSed on board a vessel in the course of its voyage
d. Crimes commiSed outside the Phil but punishable under Ar1cle 2 of the
RPC: any court where the ac1on is first filed.

Transitory offenses are crimes where some acts material and essen1al to the crimes and requisite
to their commission occur in one municipality or territory and some in another. Con1nuing
offenses are consummated in one place, yet by the nature of the offense, the viola1on of the law
is deemed con1nuing.
Piracy – has no territorial limits as it is a crime against all mankind.
Libel – the ac1on may be ins1tuted at the elec1on of the offended party in the province or city:

PROSECUTION OF CIVIL ACTION

GENERAL RULE:
The ins1tu1on or filing of the criminal ac1on includes the ins1tu1on therein of the civil ac1on for
recovery of civil liability arising from the offense charged.

EXCEPTIONS: Where ins1tu1on of criminal liability does not include civil liability the offended
party WAIVES the civil ac1on; he RESERVES his right to ins1tute the civil ac1on separately; or he
INSTITUTES THE CIVIL ACTION PRIOR TO THE CRIMINAL ACTION.

When separate civil ac>on is suspended

Primacy of Criminal Ac:on over Civil Ac:on
Aver the filing of the criminal ac1on, the civil ac1on which has been reserved cannot be ins1tuted
un1l final judgment has been rendered in the criminal ac1on.
• If the civil ac1on is ins1tuted before the criminal ac1on and the criminal ac1on is
subsequently commenced, the pending civil ac1on shall be suspended un1l final
judgment of the criminal ac1on has been rendered

ACQUITTAL IN A CRIMINAL CASE DOES NOT BAR THE FILING OF THE CIVIL CASE WHERE:
1. The acquiSal is based on reasonable doubt, if the civil case has been reserved.
2. The decision contains a declara1on that the liability is not criminal but only civil in nature.
3. The civil liability is not derived from or based on the criminal act of which the accused is
acquiSed.

Suspension of arraignment by reason of prejudicial ques>on

PREJUDICIAL QUESTION
The elements of a prejudicial ques1on are:
(a) the previously ins1tuted civil ac1on involves an issue similar or in1mately related to the
issue raised in the subsequent criminal ac1on.
(b) the resolu1on of such issue determines whether or not the criminal ac1on may proceed.

PRELIMINARY INVESTIGATION

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It is an inquiry or proceeding to determine whether there exists sufficient ground to engender a
wellfounded belief that a crime has been commiSed and that the respondent is probably guilty
thereof and should be held for trial.
Officers authorized to conduct preliminary inves>ga>on
1) Provincial or city prosecutors and their assistants
2) Na1onal and Regional State Presecutors
3) Comelec with respect to elec1on offenses
4) Ombudsman with respect to Sandiganbayan offenses and other offenses commiSed
by public officers
5) PCGG with respect to ill-goSen wealth cases

Role of Secretary Of Jus:ce

The Secretary of Jus1ce is not prevented from entertaining an appeal from the accused or from
the offended party even aver the informa1on has beenfiled and the trial court has arraigned the
accused.
Determina1on of Probable cause
Judicial Determina1on of Probable cause
Execu1ve Determina1on of Probable Cause
What is a warrant of arrest?
It is a legal process issued by competent authority, direc1ng the arrest of a person or persons
upon grounds stated therein.
WHEN WARRANT OF ARREST MAY ISSUE?

ARREST
It is the taking of a person into custody in order that he may be bound to answer for the
commission of an offense.
How Made?
An arrest is made by an actual restraint of a person to be arrested, or by his submission
to the custody of the person making the arrest.
MODES OF ARREST:
1. Arrest by virtue of a warrant
2. Arrest without a warrant under excep1onal circumstances as may be provided by statute.

Duty of arres>ng officer

1. Arrest the accused
2. Deliver him to the nearest police sta1on or jail without unnecessary delay.
ExecuBon of warrant -The head of the office to whom the warrant of arrest was delivered for
execu1on shall cause the warrant to be executed within ten (10) days from its receipt. Within ten
(10) days aver the expira1on of the period, the officer to whom it was assigned for execu1on
shall make a report to the judge who issued the warrant. In case of his failure to execute the
warrant, he shall state the reasons therefor.
LIFETIME OF WARRANT OF ARREST
A warrant of arrest has no expiry date. It remains valid un1l arrest is effected or the warrant is
lived.
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Notes:
If the arres1ng officer failed to execute the arrest within 10 days, he shall make a RETURN to the
court, and state reasons thereof.
(ALIAS WARRANT)
LAWFUL WARRANTLESS ARREST:
1. When IN HIS PRESENCE, the person to be arrested has commiSed, is actually commimng or is
aSemp1ng to commit an offense (in flagrante delicto arrests).
2. When an offense has in fact been commiSed and he has probable cause to believe based on
PERSONAL KNOWLEDGE of fact and circumstance that the person to be arrested has commiSed
it (Doctrine of Hot Pursuit).
3. When the person to be arrested is a prisoner who has escaped from a penal establishment or
place where he is serving final judgment or temporarily confined while his case is pending or has
escaped while being transferred from one confinement to another.
4. When a person who has been lawfully arrested escapes or is rescued.

Time of making arrest

It may be made on any day and at any 1me of the day or night.
Method of Arrest by officer by virtue of warrant
When making an arrest by virtue of a warrant the officer shall inform the person to be arrested
of the cause of the arrest and the fact that a warrant has been issued for his arrest.
The officer need not have the warrant in his possession at the 1me of the arrest but aver the
arrest, if the person arrested so requires, the warrant shall be shown to him as soon as
prac1cable.

Method of arrest by officer without a warrant

When making an arrest by virtue of a warrant the officer shall inform the person to be arrested
his authority and the cause of the arrest.
Officer may summon assistance
Arres1ng officer may orally summon as many persons as he deems necessary to assist him in
effec1ng the arrest.
NOTE: This rule does not cover a private individual making an arrest.

Right of officer to break into building or enclosure

REQUISITES BEFORE AN OFFICER CAN BREAK INTO A BUILDING OR ENCLOSURE TO MAKE AN
ARREST:
1. That the person to be arrested is or is reasonably believed to be in the said building;
2. That he has announced his authority and purpose for entering therein;
3. That he has requested and been denied admiSance.
Right of an ajorney or rela>ve to visit the person arrested
The aSorney of the person arrested have the right to visit and confer privately with such person
in jail or any place of custody at any hour of the day or night.

What is an inquest?
An inquest is an informal and summary inves1ga1on conducted by a
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public prosecutor in a 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 said persons should remain
under custody and correspondingly charged in court.
(Applied to a Lawful Warrantless Arrest)

BAIL
It 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 condi1ons
hereinaver specified. Bail may be given in the form of a corporate surety, property bond, cash
deposit or recognizance.
FORMS OF BAIL:
1. corporate surety
2. property bond
3. cash deposit
4. Recognizance

Recognizance is an obliga1on of record, entered into before a court or magistrate duly authorized
to take it, with the condi1on to do some par1cular act, the most usual condi1on in criminal cases
being the appearance of the accused for trial.
WHEN BAIL IS A MATTER OF RIGHT:
1. before or aver convic1on by the MTC
2. before convic1on, for all offenses punishable by lower than reclusion perpetua
• prosecu1on does not have the right to oppose or to present evidence for its denial.
WHEN BAIL IS A MATTER OF DISCRETION:
1. before convic1on, in offenses punishable by death, reclusion perpetua or life imprisonment
2. aver convic1on by the RTC of a non-capital offense
• prosecu1on is en1tled to present evidence
• for its denial.
Aler appeal is perfected, the trial court loses jurisdic:on to grant bail and to approve bail bond.
• However, the accused may apply for bail or provisional liberty with the appellate court.
If the penalty imposed by the trial court is imprisonment exceeding six (6) years, the accused shall
be denied bail, or his bail shall be cancelled upon a showing by the prosecu1on, with no1ce to
the accused, of the following or other similar circumstances:
• (a) That he is a recidivist, quasi-recidivist, or habitual delinquent, or has commiSed the
crime aggravated by the circumstance of reitera1on;
• (b) That he has previously escaped from legal confinement, evaded sentence, or violated
the condi1ons of his bail without valid jus1fica1on;
• (c) That he commiSed the offense while under proba1on, parole, or condi1onal pardon;
• (d) That the circumstances of his case indicate the probability of flight if released on bail;
or
• (e) That there is undue risk that he may commit another crime during the pendency of
the appeal.

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Capital Offense
A capital offense is an offense which, under the law exis1ng at the 1me of its commission and of
the applica1on for admission to bail, may be punished with death.
Notes
No person charged with a capital offense, or an offense punishable by reclusion perpetua or life
imprisonment, shall be admiSed to bail when evidence of guilt is strong, regardless of the stage
of the criminal prosecu1on.
Corporate Surety
Any domes1c or foreign corpora1on, licensed as surety in accordance with law and currently
authorized to act as such, may provide bail by bond subscribed jointly by the accused and an
officer of the corpora1on duly authorized by the board of directors.

PROPERTY BOND
It is an undertaking cons1tuted as a lien on the real property given as security for the amount of
the bail.
CASH BOND
The accused or any person ac1ng in his behalf may deposit in cash with the nearest collector or
internal revenue or provincial, city, or municipal treasurer the amount of bail fixed by the court,
or recommended by the prosecutor who inves1gated or filed the case.
RECOGNIZANCE
It is an obliga1on of record, entered into before some court or officer authorized to take it with a
condi1on to do some par1cular act, the most usual condi1on in criminal cases being the
appearance of the accused for trial.

WHERE BAIL IS FILED:

1. May be filed with the court where the case is pending; or
2. In the absence or unavailability of the judge thereof, with the regional trial judge or any inferior
court judge in the province, city or municipality;
3. If the accused was arrested in a province, city or municipality other than the case is pending,
bail may be filed with the RTC of the said place or if no judge is available, with any inferior court
judge therein;
4. Where bail is a maSer of discre1on or the accused seeks to be released on recognizance, it may
only be filed in the court where the case is pending, whether on trial or appeal;
5. Any person not yet charged in court may apply for bail with any court in the province, city or
municipality where he is held;
6. If the accused was convicted and the nature of the offense changed from non-bailable to
bailable, the applica1on can be made with and resolved by the appellate court.

RIGHTS OF ACCUSED
The rule enumerates the rights of a person accused of an offense, which are both cons1tu1onal
as well as statutory, save the right to appeal which is purely statutory in character
DUE PROCESS
1. Substan:ve – considers the intrinsic validity of the law

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2. Procedural – based on the principle that a court hears before it condemns. Requirement of
no1ce and hearing.
A. TO BE PRESUMED INNOCENT
B. TO BE INFORMED OF THE NATURE AND THE CAUSE OF THE ACCUSATION AGAINST HIM
C. TO BE PRESENT AND DEFEND IN PERSON AND BY COUSEL AT EVERY STAGE OF THE PROCEEDING
3 Important proceeding where the present of accused is required
1. During arraignment (Sec. 1b, Rule 116)
2. Promulga1on of judgment EXCEPT when the convic1on is for a light offense, in
which case, it may be pronounced in the presence of his counsel or representa1ve.
3. When ordered by the court for purposes of iden1fica1on
D. RIGHT TO COUNSEL
E. TO TESTIFY AS A WITNESS IN HIS OWN BEHALF
F. RIGHT AGAINST SELF-INCRIMINATION
G. RIGHT TO CONFRONT AND CROSS EXAMINE WITNESSES AGAINST HIM AT TRIAL (RIGHT OF
CONFRONTATION)
H. RIGHT TO COMPULSORY PROCESS
I. RIGHT TO A SPEEDY, IMPARTIAL AND PUBLIC TRIAL
J. RIGHT TO APPEAL ON ALL CASES ALLOWED BY LAW AND IN THE MANNER PRESCRIBED BY LAW

ARRAIGNMENT AND PLEA

ARRAIGNMENT
• It means for bringing the accused into court and informing him of the nature and cause
of the accusa1on against him.
HOW ARRAIGNMENT IS MADE:
1. in open court where the complaint or informa1on has been filed or assigned for trial
2. by the judge or clerk of court
3. by furnishing the accused with a copy of the complaint or informa1on
4. reading it in a language or dialect known to the accused
5. asking accused whether he pleads guilty or not guilty

When Arraignment Should be Held

Accused should be arraigned within 30 days from the date the court acquires jurisdic:on over
his person, unless a shorter period is provided for by law. The 1me of the pendency of a mo1on
to quash or a bill of par1culars or other causes jus1fying suspension of arraignment shall be
excluded in compu1ng the period.
WHEN A PLEA OF “NOT GUILTY” SHOULD BE ENTERED:
1. When accused so pleaded
2. When he refuses to plead
3. When he makes a condi1onal or qualified plea of guilt (Ex. Accused pleads guilty but adds
“pero hindi ko sinasadya”)
4. When the plea is indefinite or ambiguous
5. When he pleads guilty but presents exculpatory evidence (ex. Evidence to prove complete
self-defense)

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Plea of guilty to a lesser offense
PLEA BARGAINING
It is process whereby the accused, the offended party and the prosecu1on work out a mutually
sa1sfactory disposi1on of the case subject to the court’s approval.
Plea of guilty to capital offense; recep>on of evidence
IMPROVIDENT PLEA
It is a plea without informa1on as to all the circumstances affec1ng it; based upon a mistaken
assump1on or misleading informa1on or advice.
DUTY OF THE COURT WHEN ACCUSED PLEADS GUILTY TO A CAPITAL OFFENSE:
1. Conduct a searching inquiry into the voluntariness and full comprehension of the
consequences of the plea
2. require prosecu:on to present evidence to prove the guilt and precise degree of culpability
of the accused.
3. ask the accused if he desires to present evidence in his behalf and allow him to do so if he
desires.
Appointment of counsel de oficio COUNSEL DE OFICIO
He is counsel appointed by the court to represent and defend the accused in case he cannot
afford to employ one himself.
Rules for Bill of Par:culars
Accused must move for a bill of par1culars BEFORE arraignment to enable him to properly plead
and prepare for trial, otherwise it is deemed waived.

MOTION TO QUASH
QUASHAL VS. NOLLE PROSEQUI:
The quashal of the complaint or informa1on is different from a nolle prosequi, although both
have one result, which is the dismissal of the case. A nolle prosequi is ini:ated by the
prosecutor while a quashal of informa:on is upon mo1on to quash filed by the accused.
GENERAL RULE:
A mo1on to quash (MTQ) may be filed by the accused at any 1me before the accused enters his
plea. Thereaver, no MTQ can be entertained by the court.
EXCEPTION: Under Sec. 9, Rule 117, which adopts the omnibus mo:on rule. This means that a
MTQ may s1ll be filed aver arraignment on the ground
(1) that the facts alleged in the informa1on charge no offense.
(2) that the court has no jurisdic1on over the offense charged,
(3) that the offense or penalty has prescribed, or
(4) that the doctrine of double jeopardy precludes the filing of the informa1on.

GROUNDS FOR MOTION TO QUASH

1. Facts charged do not cons:tute an offense
2. Court trying the case has no jurisdic:on over the offense charged
3. Court trying the case has no jurisdic:on over the person of the accused
4. Officer who filed the informa1on had no authority to do so
5. Informa1on does not conform substan1ally to the prescribed form
6. That more than one offense is charged (duplicitous informa:on)
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7. Criminal ac1on or liability has been ex:nguished
8. Informa1on contains averments which, if true, would cons1tute a legal excuse or jus:fica:on
9. double jeopardy

HOW CRIMINAL LIABILITY IS EXTINGUISHED

1. Death of the accused, but as to pecuniary penal1es, liability therefor is ex1nguished only if
death occurs before final judgment
2. Amnesty
3. Marriage of the offended woman, as stated in Art 344 of the RPC
4. Prescrip1on of the crime
5. Service of sentence
6. Absolute pardon
7. Prescrip1on of penalty

EFFECTS IF MOTION TO QUASH IS SUSTAINED:

If the mo1on to quash is sustained, the court may order that another complaint or informa1on
be filed except as provided in sec1on 6 of this rule. If the order is made, the accused, if in
custody, shall not be discharged unless admiSed to bail.
Order sustaining the moBon to quash not a bar to another prosecuBon; excepBon. — An order
sustaining the mo1on to quash is not a bar to another prosecu1on for the same offense unless
the mo1on was based on the grounds specified in sec1on 3 (g) and (i) of this Rule.

Former convic>on or acquijal; double jeopardy

KINDS OF DOUBLE JEOPARDY:
1. No person shall be put twice in jeopardy for the SAME OFFENSE
2. When an act punished by a law and an ordinance, convic1on or acquiSal under either shall
be a bar to another prosecu1on for the SAME ACT
IDENTITY RULE
There is iden1ty between two offenses not only when the second offense is exactly the same as
the first, but also when the second offense is includes or is necessarily included in the first
offense or is an aSempt or frustra1on of thereof.
EXCEPTIONS TO IDENTITY RULE:
1. The graver offense developed due to supervening facts arising out of the same act or
omission cons1tu1ng the former charge.
2. The facts cons1tu1ng the graver offense became known or were discovered only aver a plea
was entered in the former complaint or informa1on.
3. the plea of guilty to a lesser offense was made without the consent of the prosecutor and the
offended party.
Provisional dismissal
REQUISITES PROVISIONAL DISMISSAL:
1. consent of the prosecutor
2. consent of the accused
3. no1ce to the offended party
PERIODS FOR REINSTATEMENT/REVIVAL:
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1. 1 YEAR for offenses punishable by imprisonment not exceeding 6 years
2. 2 YEARS for offenses punishable by imprisonment exceeding 6 years
If it is not revived it becomes PERMANENT DISMISSAL

Failure to move to quash or to allege any ground therefor

ALL THE GROUNDS FOR A MTQ ARE DEEMED WAIVED IF NOT SEASONABLY RAISED, EXCEPT:
1. Facts charged do not cons1tute an offense
2. Court trying the case has no jurisdic1on over the offense charged
3. Criminal ac1on or liability has been ex1nguished
4. double jeopardy

PRE-TRIAL
Pre-trial is MANDATORY in all criminal cases
The court shall aver arraignment and within 30 days from the 1me the court acquires
jurisdic1on over the person of the accused, unless a shorter period is provided for by law, order
a pre-trial. Its main objec1ve is to achieve an expedi1ous resolu1on of the case.
THINGS CONSIDERED DURING PRE-TRIAL:
1. plea bargaining
2. s:pula:on of facts
3. marking for iden:fica:on of evidence
4. waiver of objec:ons to admissibility of evidence
5. modifica:on of the order of trial if the accused admits the charge but interposes a lawful
defense (reverse trial)
6. other maHers that will promote a fair and expedi1ous trial of the civil and criminal aspects of
the case
REQUIRED FORM OF PRE-TRIAL AGREEMENT:
1. must be in wri1ng
2. signed by the accused
3. signed by counsel
REQUISITES FOR TRIAL IN ABSENTIA:
1. The accused has been arraigned
2. He has been no1fied of the trial
3. His failure to appear is unjus1fied

TRIAL
Order of trial
1. Prosecu:on presents evidence to prove the charge and, in the proper case, the civil liability.
2. The accused presents evidence to prove his defense and damages, if any.
3. The prosecu1on, then the defense, may present rebuHal and sur-rebuHal evidence unless
the court, in furtherance of jus1ce, permits them to present addi1onal evidence.
4. Upon admission of the evidence by the par1es, the case is deemed submiHed for decision.
REVERSE TRIAL

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When the accused admits the act or omission charged in the complaint/informa1on but
interposes a lawful defense, the trial court may allow the accused to present his defense first
and thereaver give the prosecu1on the opportunity to present his rebuSal evidence.
Discharge of accused operates as acquijal
STATE WITNESS
One of two or more persons jointly charged with the commission of a crime but who is
discharged with his consent as such accused so that he may be a witness for the state.
DEMURRER TO EVIDENCE
Mo1on to dismiss in criminal case due to insufficiency of evidence.
When to file mo:on for demurrer toe evidence?
With leave
• if the mo1on is denied, he can s1ll present evidence.
• The mo1on must be filed within a nonextendible period of 5 days aver the prosecu1on rests
its case.
• If leave is granted, the accused shall file the demurrer to evidence within a nonextendible
period of 10 days from no1ce of the grant of leave of court.
• The prosecu1on may oppose the demurrer to evidence within a non-extendible period of 10
days from receipt of the demurrer.
JUDGMENT
It is an adjudica1on by the court that the accused is guilty or not guilty of the offense charged
and the imposi1on of the proper penalty and civil liability, if any. It is a judicial act which seSles
the issues, fixes the rights and liabili1es of the par1es, and determines the proceeding, and is
regarded as the sentence of the law pronounced by the court on the ac1on or ques1on before
it.
Promulga>on of judgment
The judgment is promulgated by reading it in the presence of the accused and any judge of the
court in which it was rendered.

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