74

CRIMINAL LAW AND

JURISPRUDENCE

CLJ – 1 Introduction to the Criminal Justice Limitation on the power of the lawmaking
System body to enact penal legislation. The Bill of
Rights of the 1987 Constitution imposes the
Law is a set of rules, enforceable by the courts.
following limitations:
Body of rules made by legislature. It is a rule or
method according to which phenomena or a. No ex post facto law or bill of
actions coexist or follow each other. Laws are attainder shall be enacted. (Art. II,
created in response to the conduct of humans in Sec. 22)
society. b. No person shall be held to answer
for a criminal offense without due
Penal Laws are those acts of the legislature
process of law. (Art. II, Sec. 14[1])
which prohibit certain acts and establish
penalties for their violations; or those that define Ex post facto law makes an act done before the
crimes, treat their nature, and provide for their passage of the law and which was innocent
punishment. It is a law prescribing a penalty. when done and punishes such an act.

“Nullum Crimen Nulla Poena Sine Lege” = Bill of Attainder is a legislative act which inflicts
There is no crime where there is no law punishment without trial.
punishing it.
Criminal Law is that branch or division of laws
THREE BRANCHES OF THE GOVERNMENT which defines crimes, treats their nature, and
provides for their punishment. Totality of
1. Legislative Branch – consisting of a
activities of the law enforcement, prosecution,
Senate and a House of
courts, correction and the community. It is a
Representatives. Power to create laws
system or process in the community by which
lies in this branch. Enact legislation,
crimes are investigated, persons suspected
confirm or reject Presidential
taken into custody, prosecuted in court and
appointments and has the authority to
punished. If found guilty, provisions are made for
declare war.
their correction and rehabilitation.
2. Executive Branch – composed of the
Office of the President. The President Substantive Criminal Law defines the elements
has the power to create Presidential that are necessary for an act to constitute a
Decrees during Martial Law, Executive crime and therefore punishable.
Orders, Proclamation numbers, and
Sources of SCL:
Administrative Orders that have power
and effect of laws. This branch carries 1. The RPC
out and enforces laws. 2. Presidential Decrees
3. Judicial Branch – power to check and 3. The SPL
balance the constitutionality of the laws 4. City and Municipal Ordinances
created. It interprets the meaning of Procedural Criminal Law refers to a statute that
laws, applies law to institutional cases provides procedures appropriate for the
and decides if the law violates the enforcement of the Substantive Criminal Law.
Constitution.
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Sources of PCL: ➔ Felony by means of dolo (Deceit) has

the following elements: Freedom;
1. Bill of Rights in the Phil. Constitution
Intelligence; and Intent.
2. The Revised Rules of Criminal
➔ Felony by means of culpa (Fault) has
Procedure
the following elements: Freedom;
3. Other Rules promulgated by SC
Intelligence; and Imprudent, Negligent,
Civil Law, which has something to do with such
Lacks Foresight or Skill.
things as contracts, wills, inheritances, marriage,
property, divorce, adoption and the like, and with Justice is the process or result of using laws to
private injuries which are called “torts”. fairly judge and punish crimes and criminals.
Justice itself is one of the most difficult goals of
Crime is an act committed or omitted in violation
any justice system. The reason for this is the
of public law. It can be legally categorized as
different concepts of every individual of what is
follows:
justice and fairness. Justice is a social norm
- Offense – an act or omission punishable providing guidance for people in their dealings
by Special Penal Law. with one another; as a standard against which
- Felony – an act or omission punishable actions are evaluated; and as a prescription for
by Revised Penal Code. requirement that people act justly.
- Misdemeanor - an act or omission in
Law Enforcement
violation of City, Municipal, or Barangay
Ordinance. 1. Persons of Interest – if there are several
Mala In Se – “wrong or evil”. It is considered suspicious persons.
wrong even if there is no law prohibiting it. 2. Suspect – when there is one suspected
person.
Mala Prohibita/Prohibitum – It’s not wrong in
3. Prosecution - Respondent
nature. It becomes wrong because of the statute
4. Court - Accused
that proscribes it.
5. Correction – Persons deprived of Liberty
TWO MODELS OF HOW SOCIETY (PDL)
PERCEIVES WHICH ACTS ARE CRIMINAL 6. Community – Ex-Convict/Balik-Bayan
Victimless Crime is a crime against the law but
- Consensus Model – society shares that only harms the individual who consented to
common beliefs and customs. They engage it.
gather and decide the common norms to
follow. It believes that people can have The Criminal Justice System is a machinery
common norms and can follow the created by the government to deal with the
shared belief. problem or existence of crime and criminality. It
- Conflict Model – derives its laws from consists of officers, offices, institutions, and
the group holding, economic, political, processes for enforcement of public order. As a
and social power in a community. process, it is the orderly progression of events
People of higher income, status, class, from the time a person is arrested or taken out
and age have the most impact in the of the community, investigated, prosecuted,
criminal laws and are able to levy their sentenced, punished, rehabilitated and
values than the rest of the community. eventually returned to the community.
Act. Any bodily movement tends to produce
Orderly Progression of the “Wheel of CJS”
some effect in the external world. (People vs
Gonzales, supra) 1. Arrest of the Person 5. Conviction
2. Investigation 6. Sentence
Omission. Failure to do a positive which one is
3. Filing of complaints 7. Correction
bound to do. (Luis B. Reyes, RPC Book 1)
4. Trial 8. Return to the Community
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5 PILLARS OF CJS presented before him, if the accused is

guilty beyond reasonable doubt or
- Law Enforcement
acquittal.
- Prosecution
- Correction Complaint is a sworn written party charging a
- Court person with an offense, subscribed by the
- Community offended party, and filed to any peace officer or
Law Enforcement Pillar is the prime mover of the public officer in-charge with the enforcement of
system, the first touch in the process. This pillar the law.
is very vital to the system since failure to carry
Information is an accusation in writing charging
out the function properly may cause the
a person with an offense, subscribed by the
dismissal of the case.
fiscal and filed with the court.
Prosecution Pillar is composed of public
Prosecutor, an officer of the court whose
prosecutors tasked to evaluate the evidence the
criminal justice responsibility is to examine the
police have gathered and decide whether it is
offense charged.
sufficient to warrant the filing of charges against
the alleged violator. It is the process wherein the Basic responsibility: representing the
accusation is brought before the court of justice government in the courts of justice.
to determine the guilt or innocence of the
accused. Operating principle: that acts or omissions
punishable by law are always committed against
3 Kinds of Prosecution System the interest of the public.

1. Adversarial System (Accusatorial Preliminary Investigation is an inquiry or

System) – wherein the victim or his/her proceeding for the purpose of determining
representative has the primordial whether there is sufficient ground to engender a
responsibility of finding and presenting well-founded belief that a crime cognizable by
evidence to the court. The concept of the RTC has been committed and that the
this system is that the accused is respondent is probably guilty thereof and should
presumed innocent until proven guilty. be held for trial. (Edgardo vs. Quesada vs. DOJ,
(Adopted by common law countries G.R. No. 150325, Aug. 31, 2006)
2. Inquisitorial System – wherein the judge
Inquest Investigation is an informal and
is responsible for searching for facts,
summary investigation conducted by a public
listens to the witness, and investigates
prosecutor in criminal cases involving persons
to prove the guilt or the innocence of the
arrested and detained without the benefit of a
accused. The concept of this system is
warrant of arrest for the purpose of determining
that the accused is presumed guilty until
whether or not said persons should remain
proven the contrary. (Adopted by
under custody and correspondingly be charged
continental countries)
in court.
3. Prosecution System – mixed system
wherein it adopts both adversarial and The 1987 Philippine Constitution does
inquisitorial systems. The concept of this not provide for preliminary investigation.
system, where the victim or his/her Preliminary Investigation is a substantive Right.
representative provides for the facts to The right to a preliminary investigation may be
prove the guilt of the accused, but then waived for failure to invoke the right prior to or at
the accused enjoys the presumption of the time of the plea.
innocence and provides facts to prove
that the accused is innocent. The judge
will then determine, as to the evidence
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Officers Authorized to Conduct Preliminary courts at the province or city and therein
Investigation discharge all the duties incident to the
institution of criminal actions, subject to
1. Provincial or City Prosecutors and
the provisions of the second paragraph
their assistants
of Section 5 hereof.
2. National and Regional State
Prosecutors Probable Cause a well-founded belief that a
3. Other officers as may be authorized crime has been committed and the respondent
by law (ex: COMELEC, Ombudsman) is probably guilty thereof and should be held for
trial. It is merely based on opinion and
Republic Act No. 10071 (Prosecution Service
reasonable belief.
Act of 2010) strengthens and rationalizes the
National Prosecution Service. This law created Plea is the formal answer of the defendant in
the National Prosecution Service of Justice and common law pleading.
such number of Regional Prosecution offices,
Court Pillar is under the Judiciary Branch. It shall
offices of the provincial prosecutor and office of
have the power to hear and try the case before
the prosecutor as are hereinafter provided,
it. The judge, upon receipt of complaint or
which shall be primarily responsible for the
information, shall conduct investigation to
preliminary investigation and prosecution of all
determine probable cause for the issuance of a
cases involving violations of penal laws under
warrant of arrest.
the supervision of the Secretary of Justice,
subject to the provisions of Sec. 4, 5, and 7. Arrest is the taking of a person into custody in
order that he may be bound to answer for the
Powers and Functions of the Provincial
commission of an offense. (Sec. 1, Rule 113 of
Prosecutor/City Prosecutor. – The provincial
CrimPro)
prosecutor shall:
Constitutional Rights of a Person under
(a) Be the law officer of the province or city,
Arrest:
as the case may be
(b) Investigate and/or cause to be 1. Must be informed of his rights:
investigated all charges of crimes, - To remain silent
misdemeanors and violations of penal
laws and ordinances within their
- To have counsel
2. No means of force to vitiate free will
respective jurisdictions, and have the
shall be used against him.
necessary information or complaint
3. Any confession or admission obtained in
prepared or made and filed against the
violation of his rights shall be
persons accused. In the conduct of such
inadmissible in evidence against him.
investigations, he/she or any of his/her
assistants shall receive the statements Warrant of Arrest is a written order issued and
under oath or take oral evidence of signed by a magistrate, directed to a peace
witnesses, and for this purpose may officer or some other person specially named,
by subpoena summon witnesses to and commanding him to arrest the body of a
appear and testify under oath before person named in it who is accused of an
him/her, and the attendance or evidence offense.
of an absent or recalcitrant witness may
be enforced by application to any trial Search Warrant is an order in writing issued in
court. the name of the “People of the Philippines”,
(c) Have charge of the prosecution of all signed by a judge and directed to a peace
crimes, misdemeanors and violations of officer, commanding him to search for personal
city or municipal ordinances in the
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properties described therein and bring it before other duties and exercise all other functions as
the court. may be provided by law.

Corrections Pillar shall cater convicted felons. It National Bureau of Investigation (NBI) is a highly
is responsible for the safekeeping and trained investigative body that is functionally
reformation of criminals. It shall assure that upon integrated and national in scope. This was
release of the inmate, he is already reformed created under RA 157 and Reorganized and
and ready to be integrated in the community. Modernized under RA 10867. NBI is under the
Under this pillar, institutions that will provide Department of Justice.
services for convicted persons are categorized
NBI’s Agents’ powers and functions are:
generally based on the penalty.
Undertake investigations pursuant to the
Two Types of PRISONERS under the RPC: mandate of the NBI; Conduct searches, arrests,
and seizures in accordance with existing laws,
1. CONVICTED PRISONERS – They are
rules, and regulations; Take and require sworn
prisoners by final judgment.
statements of any person/s so summoned in
2. DETAINED PRISONERS – They have
relation to cases under investigation; Administer
not been convicted yet. They are
oaths in cases under investigation; and such
undergoing “preventive imprisonment”
other functions as may be assigned by the NBI
only.
Director.
Community Pillar is fundamentally geared
NBI’s powers and functions are:
toward the support to the program of the
Undertake investigation and detection of crimes
Correction.
and offenses enumerated under Sec. 5 hereof;
Philippine National Police (PNP) was created by Issue subpoena for the appearance of any
virtue of RA 6975. It was approved on Dec. 13, person/s for any investigation or production of
1990, and effective on Jan. 1, 1991. The law documents, through its officers from the ranks of
was further amended by RA 8551 and RA 9708. RD to Directo; Act as a national clearing house
of criminal records and other related information
PNP’s powers and functions are: for the benefit of the government; Render
Enforce all laws and ordinance relative to the technical assistance to government agencies
protection of lives and properties; Maintain and instrumentalities, when so requested;
peace and order and take all necessary steps to Extend assistance in cases involving extradition
ensure public safety; Investigate and prevent and mutual legal assistance, when requested by
crimes, effect the arrest of criminal offenders, the DOJ.
bring offenders to justice, and assist in their
prosecution; Exercise the general powers to Establish an NBI Academy which shall
make arrest, search, and seizure in accordance be responsible for the recruitment, training, and
with the Constitution and pertinent laws. development of all NBI agents and personnel,
among others; Establish and maintain a
Detain an arrested person for a period Forensic and Scientific Research Center which
not beyond what is prescribed by law, informing shall serve as the primary center for forensic
the person so detained of all his rights under the and scientific research in furtherance of scientific
Constitution; Issue license for the possession of knowledge in criminal investigation, detection,
firearms and explosives in accordance with law; evidence collection and preservation, and
Supervise and control the training and provide the necessary training therefor;
operations of security agencies and issue Establish and maintain a Cyber Investigation
license to operate security agencies, and to and Assessment Center which shall serve as the
security guards and private detectives, for the nerve center for computer information
practice of their professions; and Perform such technologies, data on cybercrime cases,
 79

computer intrusion, threats, and other related - Original – the power of the court to take
crimes or activities; Establish and maintain an judicial cognizance of a case limited for
integrated, comprehensive, and state-of-the-art judicial action for the first time under the
network of equipment and facilities to be used conditions provided by law.
by the NBI in its criminal investigation, detection, - Exclusive – the power to adjudicate a
and evidence gathering, and to provide the case or proceeding to the exclusion of
corresponding training in this regard; Request all other courts at that stage.
the assistance of the PNP, AFP, or any other - Appellate – the power and authority
agency of the government, including conferred upon a superior court to
government-owned and/or controlled rehear and determine causes which
corporations, in its anti-crime drive. Such have been tried in lower courts.
assistance may include the use of the agency’s - Territorial – refers to the geographical
personnel and facilities upon prior approval by area within which its powers can be
the head of the agency concerned. exercised.
- Concurrent – referred to as the
Conduct intelligence operation in
confluent or coordinate jurisdiction,
furtherance of the foregoing powers and
which has the power conferred upon
functions; Enter any contract or transaction for
different courts, whether of the same or
the acquisition, ownership, possession,
different ranks, to take cognizance at the
administration, lease, disposition or acceptance
same stage of the same case in the
of real or personal property in its name, subject
same or different territories.
to the approval of the Secretary of Justice;
JURISDICTION OF THE REGULAR COURTS
Establish a modern NBI Clearance and
IN CRIMINAL CASES
Identification Center containing all derogatory
Supreme Court – (1987 Constitution, Art. VIII,
and criminal records and civilian identification
Sec. 5)
records, including their identifying marks and
characteristics and fingerprint database, as well 1. Exercise original jurisdiction over cases
as dental records pursuant to PD 1575 affecting ambassadors, other public
(Requiring Practitioners of Dentistry to Keep ministers and consuls, and over
Records of Their Patients”; Maintain, for purpose petitions for certiorari, prohibition,
of investigative and forensic requirements of the mandamus, quo warranto, and habeas
NBI, relevant database such ballistic records of corpus.
firearms including, but not limited to, data
2. Review, revise, reverse, modify, or
ownership, possession, and other related
affirm on appeal or certiorari, as the law
identifying circumstances; and Deoxyribonucleic
or the Rules of Court may provide, final
Acid (DNA) databank; and Perform such other
judgments and orders of lower courts in:
functions as the President or the Secretary of
Justice may assign. a. All cases in which the constitutionality or
validity of any treaty, international or
Classes of Jurisdiction
executive agreement, law, presidential
- General – the power of the court to decree, proclamation, order, instruction,
adjudicate all controversies except ordinance, or regulation is in question.
those expressly withheld from the b. All cases involving the legality of any
plenary powers of the court. tax, impost, assessment, or toll, or any
- Special/Limited – one which restricts penalty imposed in relation thereto.
the court’s jurisdiction only to particular c. All cases in which the jurisdiction of any
cases and subject to such limitations as lower court is in issue.
may be provided by law d. All criminal cases in which the penalty
imposed is reclusion perpetua or higher.
 80

e. All cases in which only an error or controversy as to title to, or ownership,

question of law is involved. administration or possession of
3. Assign temporarily judges of lower hospitals, convents, cemeteries or other
courts to other stations as public interest properties used, in connection therewith.
may require. Such temporary 3. In actions brought by the Government of
assignment shall not exceed six months the Philippines against the Roman
without the consent of the judge Catholic Church or vice versa for the title
concerned. to, or ownership of, hospitals, asylums,
charitable institutions, or any other kind
4. Order a change of venue or place of trial
of property; and
to avoid a miscarriage of justice.
4. In actions brought to prevent and
5. Promulgate rules concerning the restrain violations of law concerning
protection and enforcement of monopolies and combinations in
constitutional rights, pleading, practice, restraint of trade.
and procedure in all courts, the The Supreme Court shall have exclusive
admission to the practice of law, the jurisdiction to review, revise, reverse, modify or
integrated bar, and legal assistance to affirm on appeal, certiorari or writ of error, as the
the under-privileged. Such rules shall law or rules of court may provide, final judgment
provide a simplified and inexpensive and decrees of inferior courts as herein
procedure for the speedy disposition of provided, in
cases, shall be uniform for all courts of
I. All cases in which the constitutionality or
the same grade, and shall not diminish,
validity of any treaty, law, ordinance, or
increase, or modify substantive rights.
executive order or regulation is in
Rules of procedure of special courts and
question.
quasi-judicial bodies shall remain
II. All cases involving the legality of any
effective unless disapproved by the
tax, impost, Assessment or toll, or any
Supreme Court.
penalty imposed in relation thereto.
6. Appoint all officials and employees of III. All cases in which the jurisdiction of any
the Judiciary in accordance with the inferior court is in issue.
Civil Service Law. IV. All criminal cases involving offenses for
which the penalty imposed is death or
Section 17. Jurisdiction of the Supreme life imprisonment; and those Involving
Court – the Supreme Court shall have original other offenses which, although not so
jurisdiction over cases affecting ambassadors, punished, arose out of the same
other public ministers, and consuls, and original occurrence or which may have been
and exclusive jurisdiction and petitions for the committed by the accused on the same
issuance of writs of certiorari, prohibition and occasion, as that giving" rise to the more
mandamus against the Court of Appeals. serious offense, regardless of whether
the accused are charged as principals,
In the following cases, the Supreme
accomplices, or accessories, or whether
Court shall exercise original and concurrent
they have been tried jointly or separately
jurisdiction with Courts of First Instance:
V. All civil cases in which the value in
1. In petitions for the issuance of writs of controversy exceeds fifty thousand
certiorari, prohibition, mandamus, quo pesos, exclusive of interests and costs,
warranto, and habeas corpus. or in which the title or possession of real
2. In actions between the Roman Catholic estate exceeding in value the sum of
Church and the municipalities or towns, fifty thousand pesos to be ascertained
or the Philippine Independent Church for by the oath of a party to the cause or by
 81

other competent evidence, is involved or Code of the Philippines under

brought in question. The Supreme Court Presidential Decree No. 442, as
shall likewise have exclusive jurisdiction amended, the provisions of this Act,
over all appeals in civil cases, even and of subparagraph (1) of the third
though the value in controversy, paragraph and subparagraph 4 of
exclusive of interests and costs, is fifty the fourth paragraph of Section 17
thousand pesos or less, when the of the Judiciary Act of 1948.
evidence involved in said cases is the
The court of Appeals shall have the power to try
same as the evidence submitted in an
cases and conduct hearings, receive evidence
appealed civil case within the exclusive
and perform any and all acts necessary to
jurisdiction of the Supreme Court as
resolve factual issues raised in cases falling
provided herein.
within its original and appellate jurisdiction,
VI. All other cases in which only errors or
including the power to grant and conduct new
questions of law are involved.
trials or Appeals must be continuous and must
Court of Appeals – (RA 7902, An act
be completed within three (3) months, unless
Expanding the Jurisdiction of the Court of
extended by the Chief Justice. (As amended by
Appeals, amending for the purpose section nine
R.A. No. 7902.)
of BP 129, as amended.)
Regional Trial Court – (By virtue of BP 129, An
Section 1. Section 9 of Batas Pambansa Blg.
Act Reorganizing the Judiciary, Appropriating
129, as amended, known as the Judiciary
funds therefore, and for other purposes, the
Reorganization Act of 1980, is hereby further
jurisdiction of RTC is prescribed below.)
amended to read as follows:
Section 20. Jurisdiction in Criminal Cases -
Section 9. Jurisdiction – The Court of
Regional Trial Courts shall exercise exclusive
Appeals shall exercise:
original jurisdiction in all criminal cases not
1. Original jurisdiction to issue writs of within the exclusive jurisdiction of any court,
mandamus, prohibition, certiorari, tribunal or body, except those now falling under
habeas corpus, and quo warranto, the exclusive and concurrent jurisdiction of the
and auxiliary writs or processes, Sandiganbayan which shall hereafter be
whether or not in aid of its appellate exclusively taken cognizance of by the latter.
jurisdiction. (Therefore, criminal cases with a penalty of
2. Exclusive original jurisdiction over more than 6 years are under the jurisdiction of
actions for annulment of judgements the RTC, except cases falling within the
of Regional Trial Courts; and jurisdiction of Sandiganbayan)
3. Exclusive appellate jurisdiction over
Municipal Trial Court – Under the same law,
all final judgements, resolutions,
BP 129 also amended the criminal jurisdiction of
orders or awards of Regional Trial
Municipal Trial Court, Metropolitan Trial Court,
Courts and quasi-judicial agencies,
and Municipal Circuit Trial Court. The jurisdiction
instrumentalities, boards or
of the said court is prescribed below:
commission, including the Securities
and Exchange Commission, the Section 32. Jurisdiction of MPTC, MTC, MCTC
Social Security Commission, the in Criminal cases – Except in cases falling within
Employees Compensation the exclusive original jurisdiction of Regional
Commission and the Civil Service Trial Courts and of the Sandiganbayan, the
Commission, Except those falling Metropolitan Trial Courts, Municipal Trial Courts,
within the appellate jurisdiction of and Municipal Circuit Trial Courts shall exercise:
the Supreme Court in accordance
with the Constitution, the Labor
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1. Exclusive original jurisdiction over all that rendered the judgment or final order
violations of city or municipal ordinances appealed from. The notice of appeal shall
committed within their respective indicate the parties to the appeal, the judgment
territorial jurisdiction; and or final order or part thereof appealed from and
2. Exclusive original jurisdiction over all state the material dates showing the timeliness
offenses punishable with imprisonment of the appeal.
of not exceeding four years and two
A record of appeal shall be required only in
months, or a fine of not more than four
special proceedings and in other cases of
thousand pesos, or both such fine and
multiple or separate appeals.
imprisonment, regardless of other
imposable accessory or other penalties, The form and contents of the record on appeal
including the civil liability arising from shall be as provided in section 6, Rule 41.
such offenses or predicated thereon,
irrespective of kind, nature, value, or Copies of the notice of appeal, and the record
amount thereof: Provided, however, on appeal where required, shall be served on
That in offenses involving damage to the adverse party. (n)
property through criminal negligence
RULE 42 (RULES OF COURT) – Petition for
they shall have exclusive original
Review from RTC to Court of Appeals
jurisdiction where the imposable fine
does not exceed twenty thousand Section 1. How appeal taken; time for filing. – A
pesos. party desiring to appeal from a decision of the
Regional Trial Court rendered in the exercise of
RULE 40 (RULES OF COURT) – Appeal from
its appellate jurisdiction may file a verified
MTCs to RTC
petition for review with the Court of Appeals,
Section 1. Where to appeal. – An appeal from a paying at the same time to the clerk of said court
judgment or final order of a Municipal Trial Court the corresponding docket and other lawful fees,
may be taken to the Regional Trial Court depositing the amount of P500.00 for costs, and
exercising jurisdiction over the area to which the furnishing the Regional Trial Court and the
former pertains. The title of the case shall adverse party with a copy of the petition. The
remain as it was in the court of origin, but the petition shall be filed and served within fifteen
party appealing the case shall be further referred (15) days from notice of the decision sought to
to as the appellant and the adverse party as the be reviewed or of the denial of petitioner's
appellee. (a) motion for new trial or reconsideration filed in
due time after judgment. Upon proper motion
Section 2. When to appeal. – An appeal may be and the payment of the full amount of the docket
taken within fifteen (15) days after notice to the and other lawful fees and the deposit for costs
appellant of the judgment or final order appealed before the expiration of the reglementary period,
from. Where a record on appeal is required, the the Court of Appeals may grant an additional
appellant shall file a notice of appeal and a period of fifteen (15) days only within which to
record on appeal within thirty (30) days after file the petition for review. No further extension
notice of the judgment or final order. shall be granted except for the most compelling
reason and in no case to exceed fifteen (15)
The period of appeal shall be interrupted
days. (n)
by a timely motion for new trial or
reconsideration. No motion for extension of time Section 4. Action on the petition – The Court of
to file a motion for new trial or reconsideration Appeals may require the respondent to file a
shall be allowed. (n) comment on the petition, not a motion to
dismiss, within ten (10) days from notice, or
Section 3. How to appeal. — The appeal is
dismiss the petition if it finds the same to be
taken by filing a notice of appeal with the court
 83

patently without merit, prosecuted manifestly for with full payment of the docket and other lawful
delay, or that the questions raised therein are fees and the deposit for costs before the
too insubstantial to require consideration. (n) expiration of the reglementary period, the
Supreme Court may for justifiable reasons grant
Section 8. Perfection to appeal; effect thereof. –
an extension of thirty (30) days only within which
(a) Upon the timely filing of a petition for review
to file the petition. (1a, 5a)
and the payment of the corresponding docket
and other lawful fees, the appeal is deemed Section 6. Review discretionary – A review is
perfected as to the petitioner. not a matter of right, but of sound judicial
discretion, and will be granted only when there
The Regional Trial Court loses jurisdiction over
are special and important reasons thereof. The
the case upon the perfection of the appeals filed
following, while neither controlling nor fully
in due time and the expiration of the time to
measuring the court's discretion, indicate the
appeal of the other parties.
character of the reasons which will be
However, before the Court of Appeals gives due considered:
course to the petition, the Regional Trial Court
(a) When the court a quo has decided a
may issue orders for the protection and
question of substance, not heretofore
preservation of the rights of the parties which do
determined by the Supreme Court, or
not involve any matter litigated by the appeal,
has decided it in a way probably not in
approve compromises, permit appeals of
accord with law or with the applicable
indigent litigants, order execution pending
decisions of the Supreme Court; or
appeal in accordance with section 2 of Rule 39,
(b) When the court a quo has so far
and allow withdrawal of the appeal. (9a, R41)
departed from the accepted and usual
(b) Except in civil cases decided under the Rule course of judicial proceedings, or so far
on Summary Procedure, the appeal shall stay sanctioned such departure by a lower
the judgment or final order unless the Court of court, as to call for an exercise of the
Appeals, the law, or these Rules shall provide power of supervision. (4a)
otherwise. (a)
Bureau of Jail Management and Penology
RULE 45 (RULES OF COURT) – Appeal by (BJMP) also referred to as Jail Bureau was
Certiorari to the Supreme Court created thru RA 6975 as a line bureau of DILG.

Section 1. Filing of petition with Supreme Court Section 60. Composition – The Bureau of Jail
– A party desiring to appeal by certiorari from a Management and Penology, hereinafter referred
judgment or final order or resolution of the Court to as the Jail Bureau, is hereby created initially
of Appeals, the Sandiganbayan, the Regional consisting of officers and uniformed members of
Trial Court or other courts whenever authorized the Jail Management and Penology Service as
by law, may file with the Supreme Court a constituted under Presidential Decree No. 765.
verified petition for review on certiorari. The
Section 61. Powers and Functions – The Jail
petition shall raise only questions of law which
Bureau shall exercise supervision and control
must be distinctly set forth. (1a, 2a)
over all city and municipal jails. The provincial
Section 2. Time for filing; extension – The jails shall be supervised and controlled by the
petition shall be filed within fifteen (15) days provincial government within its jurisdiction,
from notice of the judgment or final order or whose expenses shall be subsidized by the
resolution appealed from, or of the denial of the National Government for not more than three (3)
petitioner's motion for new trial or years after the effectiveness of this Act.
reconsideration filed in due time after notice of
The BJMP’s functions are: Formulate
the judgment. On motion duly filed and served,
policies and guidelines in the administration of
 84

all districts, city, municipal jails nationwide; privilege extended to a convict as a discretionary
Implement strong security measures for the act of grace.
control of inmates; Provide for the basic needs
- Not a right exercised by the inmate
of inmates; Conduct activities for the
- Discretion of the President is not subject
development of inmates; Improve jail facilities;
to review by the courts,
and Promote the general welfare and
development of personnel. - Neither does the Legislative have the
right to establish conditions nor provide
The Bureau has four major areas of
procedure for the exercise of clemency.
rehabilitation programs, namely: Livelihood
Projects, Educational and Vocational TWO Kinds of Pardon
Training, Recreation and Sports, and
Religious/Spiritual Activities. These were ➔ Absolute Pardon – a total extinction of
continuously implemented to eliminate the the criminal liability of the individual to
offender’s pattern of criminal behavior and to whom it is granted without any regard of
reform them to become law-abiding and condition and restores to the individual
productive citizens. has civil rights and remits the penalty
imposed for the particular offense which
The Bureau of Corrections (BuCor) was he was convicted.
established on Nov. 1, 1905, under the ➔ Conditional Pardon – the exemption of
Department of Public Instruction through an individual, with conditions, resulting
Reorganization Act No. 1407 of the Philippine in the partial extinction of his criminal
Commission until it was transferred to the DOJ. liability.
Amnesty is a special form of pardon exercised
Section 1707. General Jurisdiction of Bureau of
by the President. It is extended to a certain class
Prisons shall have the general supervision and
of people who are usually political offenders, it
control of National Provincial prisons of all penal
needs a concurrence of the congress, and the
settlements and shall be charged with the
Courts also take judicial notice of the act by the
safekeeping of all prisoners confined therein or
President. Amnesty abolishes the offense as
committed to the custody of the said Bureau.
though he committed no offense.
Executive Order No. 292 Administrative
Commutation of Sentence is the reduction of the
Code of 1987 and Proclamation No. 495 issued
duration of a prison sentence wherein a heavier
on November 22, 1989, changed the agency’s
or longer sentence is reduced to a lighter or
name from Bureau of Prisons to Bureau of
shorter term. It may alter death or life sentences
Corrections. The changing of the Bureau’s name
to a term of years. Commutation does not
is to conform to the ongoing trends of modern
forgive the offender but merely reduces the
penology, shifting from the antiquated punitive
penalty.
system of incarceration to the humanistic
rehabilitation approach. Purposes of Commutation:
Title 3, Chapter 8, Section 26. Bureau of - To break the rigidity of the law.
Corrections – shall have its principal task on the
rehabilitation of prisoners. The BuCor shall
- To extend parole in cases where the
parole law does not apply.
exercise such power and functions as are now
provided for the Bureau of Prison or may - To save the life of a person sentenced to
hereafter be provided by law. death.

Pardon as a form of executive clemency Reprieve, a clemency that is a temporary stay of

extended by the Chief of Executive. It is a the execution of the sentence. It is mostly
applied to death sentences confirmed by the
 85

Supreme Court. It can be extended only by the treatment of a CICL based on his/her social,
President and to death penalty prisoners. The cultural, economic, psychological or educational
date of execution is set back several days to background without resorting to formal court
enable the Chief Executive to study the petition proceedings.
for commutation or parole.
Intervention is a series of activities which are
Parole is a method of selectively releasing or a designed to address issues that caused the child
conditional release of an offender from an to commit an offense.
institution prior to the completion of his
Restorative Justice is a process whereby the
maximum sentence, subject to conditions
party in a particular offense victims, offenders,
specified by the paroling authority, a method
and community come together to resolve
whereby society can proceed, and the offender
collectively how to deal with the aftermath of an
can be provided with a continuing treatment and
offense and its implications in the future.
supervision in the community.
CLJ – 2 Human Rights Education
Probation is a form of treatment and not a
clemency but a pity or leniency of the offender. It Human Rights are inherent to all human beings
is a disposition under which a defendant, after without discrimination on the basis of race,
conviction and sentence, is released subject to ethnicity, religion or belief, or gender.
conditions imposed by the Trial Court and to the
supervision of a Probation Officer. It is Human Rights Law is a law that legally
applicable to a convicted person who is guarantees human rights to each and every
sentenced to serve the maximum term of individual.
imprisonment of not more than 6 years. It is a
Basic Human Rights and Their Categories
substitute for imprisonment and does not require
the offender to go to prison. ● Civil and Political Rights: Right to life,
Prohibition of Torture, Prohibition of
Good Conduct Time Allowance (GCTA) is a
Slavery, Right to Personal Liberty and
reward given in consideration of the good
Security, Right to Fair Trial, Right to
behavior and conduct of the inmate and
Private and Family Life, etc.
motivation while serving the sentence. The
● Economic, Social, and Cultural Rights:
statutory shortening of the maximum sentence
Rights to Work and Free Choice of
of the prisoner due to good behavior during the
Employment, Just and Favorable
stay in the institution. If released, the prisoner
Conditions of Work, Form Trade Unions,
will be under the conditions of parole.
Social Security, etc.
Preventive Imprisonment permits the release of ● Solidarity/Collective Rights: Right to
a detained offender who has undergone Self-Determination, Rights of Indigenous
preventive imprisonment which is equivalent to Peoples or Minorities, and Right to
the maximum impossible penalty for the offense Development.
charged. ● Equality and Nondiscrimination:
Substantive Right.
Juvenile Justice System is a system dealing with
children at risk and CICL, which provides child-
appropriate proceedings, including programs
Basic Characteristics of Human Rights
and services for prevention, diversion,
rehabilitation, reintegration, and aftercare to 1. Human Rights are Inherent – not
ensure their normal growth and development. granted by any person/authority.
2. HR are Inalienable – cannot be rightfully
Diversion is an alternative, child-appropriate
taken away from an individual.
process of determining the responsibility and
 86

3. HR are Imprescriptible – cannot be lost 1. Procedural Due Process - it is a

even by a long passage of time. process which hears before it condemns
4. HR are Indivisible – cannot be denied which proceeds upon inquiry and
even when other rights have already renders judgment only after trial. It
been enjoyed. contemplates notice and opportunity to
5. HR are Interdependent – the exercise of be heard before judgment is rendered
a right cannot be had without the affecting one’s person or property. This
realization of other rights refers to the method or manner by which
6. HR are Universal – available to all the law is enforced.
human beings. 2. Substantive Due process - This aspect
7. HR are Fundamental – without them, of due process requires that the law
the life and dignity of man will be itself, not merely the procedures by
meaningless. which the law is enforced, is fair,
reasonable and just.
Bill of Rights is a declaration and enumeration of
a person’s rights and privileges, which the Custodial Investigation is any questioning by law
constitution is designed to protect against enforcement after a person has been taken into
violations by the government or by an individual custody or otherwise deprived of his freedom of
or groups of individuals. It is a charter of liberties action in any significant way. It refers to the
and a limitation upon the power of the state. investigation conducted by law enforcement
immediately after arrest for the commission of
Classes of Rights
an offense. It begins when a person has been
1. Natural Rights – They are those rights arrested and brought to the custody of law
possessed by every citizen without being enforcers in which suspicion is focused on him
granted by the state for they are given to and questions are asked from him (the suspect)
man by God as a human being created to to elicit admissions or information on the
His image so that he may live a happy life. commission of an offense.
Examples are the right to life and right to
Rights under Custodial Investigation.
love.
Section 12: (1) Any person under investigation
2. Constitutional Rights – They are those
for the commission of an offense shall have the
rights which are conferred on and
right to be informed of his right to remain silent
protected by the constitution. Since they
and to have competent and independent
are part of the fundamental law, they
counsel preferably of his own choice. If the
cannot be modified or taken away by the
person cannot afford the services of counsel, he
law-making body.
must be provided with one. These rights cannot
3. Statutory Rights – They are those rights
be waived except in writing and in the presence
which are provided by the laws
of counsel. (2) No torture, force, violence, threat,
promulgated by the law-making body and,
intimidation, or any other means which vitiate
consequently, may be abolished by the
the free will shall be used against him. Secret
same body. Examples are the right to
detention places, solitary, incommunicado, or
receive a minimum wage and the right to
other similar forms of detention are prohibited.
adopt a child by an unrelated person.
(3) Any confession or admission obtained in
Section 1. No person shall be deprived of life, violation of this, or Section 17 hereof shall be
liberty or property without due process of law, inadmissible as evidence against him. (4) The
nor shall any person be denied the equal law shall provide for penal and civil sanctions for
protection of the laws. violations of this section as well as
compensation to and rehabilitation of victims of
ASPECT OF DUE PROCESS: torture or similar practices, and their families.
 87

RA 7438, Rights of a person arrested, shall be inadmissible as evidence in any

detained or under custodial investigation proceeding.
5. Any waiver by a person arrested or
1. Any person arrested, detained or under
detained under the provisions of Article
custodial investigation shall always be
125 of the Revised Penal Code, or
assisted by counsel.
under custodial investigation, shall be in
2. Any public officer or employee, or
writing and signed by such person in the
anyone acting under his order or his
presence of his counsel; otherwise, the
place, who arrests, detains or
waiver shall be null and void and of no
investigates any person for the
effect.
commission of an offense shall inform
6. Any person arrested or detained or
the latter, in a language known to and
under custodial investigation shall be
understood by him, of his rights to
allowed visits by or conferences with
remain silent and to have competent
any member of his immediate family, or
and independent counsel, preferably of
any medical doctor or priest or religious
his own choice, who shall at all times be
minister chosen by him or by any
allowed to confer privately with the
member of his immediate family or by
person arrested, detained or under
his counsel, or by any national non-
custodial investigation. If such a person
governmental organization duly
cannot afford the services of his own
accredited by the Commission on
counsel, he must be provided with
Human Rights of by any international
competent and independent counsel by
non-governmental organization duly
the investigating officer.
accredited by the Office of the
3. The custodial investigation report shall
President.
be reduced to writing by the
investigating officer, provided that RA 9745, Anti-Torture Act of 2009 – (a)
before such report is signed, or thumb Physical torture is a form of treatment or
marked if the person arrested or punishment inflicted by a person in authority or
detained does not know how to read agent of a person in authority upon another in
and write, it shall be read and his/her custody that causes severe pain,
adequately explained to him by his exhaustion, disability or dysfunction of one or
counsel or by the assisting counsel more parts of the body: (1) Systematic beating,
provided by the investigating officer in headbanging, punching, kicking, striking with
the language or dialect known to such truncheon or rifle butt or other similar objects,
arrested or detained person, otherwise, and jumping on the stomach; (2) Food
such investigation report shall be null deprivation or forcible feeding with spoiled food,
and void and of no effect whatsoever. animal or human excreta and other stuff or
4. Any extrajudicial confession made by a substances not normally eaten; and (3) Electric
person arrested, detained or under shock.
custodial investigation shall be in writing
(b) "Mental/Psychological Torture" refers to
and signed by such person in the
acts committed by a person in authority or agent
presence of his counsel or in the latter's
of a person in authority which are calculated to
absence, upon a valid waiver, and in the
affect or confuse the mind and/or undermine a
presence of any of the parents, elder
person's dignity and morale: (1) Blindfolding; (2)
brothers and sisters, his spouse, the
Threatening a person(s) or his/her relative(s)
municipal mayor, the municipal judge,
with bodily harm, execution or other wrongful
district school supervisor, or priest or
acts; and (3) Confinement in solitary cells or
minister of the gospel as chosen by him;
secret detention places
otherwise, such extrajudicial confession
 88

Unreasonable Searches and Seizure. Section opportunities to obtain satisfaction of

2. Right Against Unreasonable Searches and those needs, recognized in the human
Seizure. – The right of the people to be secure rights instruments, which cannot be
in their persons, houses, papers and other secured by personal efforts.
effects against unreasonable searches and Characteristics of Human Rights-Based
seizures of whatever nature and for any Policing
purpose shall be inviolable, and no search
- Strict Observance of Police Policies and
warrant or warrant of arrest shall issue except
Procedures
upon probable cause to be determined
- Adherence to International Human
personally by the judge after examination under
Rights Standards for Law Enforcement
oath or affirmation of the complainant and the
- Professional Competence and
witnesses he may produce, and particularly
Courteous Service
describing the place to be searched and things
- Respect Rule of Law and Civilian
to be seized.
Supremacy
Purpose of the provision: To protect - Pro-Democracy and Pro-Citizen
the privacy and sanctity of the person and his Basic International Human Rights Standards
house and other possessions against arbitrary for Law Enforcement
intrusions by State officers.
1. Equal Protection – everyone is entitled
Universal Declaration of Human Rights (UDHR) to equal protection of the law, without
is an international version of the Magna Carta, discrimination on any grounds, and
which dictates how governments should treat especially against violence and other
their people. threats.
2. Respectful Treatment – treat all citizens
UN Human Rights Office of the High
and victims of crime with compassion
Commissioner, a United Nations agency
and respect, with utmost consideration
responsible for promoting and protecting human
for their need for safety and privacy.
rights.
3. Use of Force – do not use force, except
National Human Rights Institutions (NHRIs) when strictly necessary and to the
created for the promotion and protection of minimum extent required under the
human rights, especially of vulnerable and circumstances.
marginalized groups. 4. Policing Non-Violent Assemblies – avoid
using force when policing unlawful but
State Obligations in Human Rights non-violent assemblies.
5. Use of Lethal Force – it should not be
- Obligation to Respect – Requires the
used, except when strictly unavoidable
state and all its organs and agents to
in order to protect your life or the lives of
abstain from doing anything that violates
others.
the integrity of an individual or fringes on
6. Arresting Persons on Legal Grounds –
his/her freedom.
arrest only if there are legal grounds to
- Obligation to Protect – Requires the
do so, and the arrest is carried out in
state and its agents – the measures
accordance with lawful arrest
necessary to prevent other individuals or
procedures.
groups from violating the integrity,
7. Detainee’s Rights – ensure that all
freedom of action, or the human rights
detainees, immediately after their arrest,
of the individual.
have access to their family and lawyer.
- Obligation to Fulfill – Requires the state
8. Humane Treatment of Detainees – all
to take measures to ensure for each
detainees must be treated humanely.
person within its jurisdiction
 89

9. Refusal to Obey Unjust Orders – do not Reasonable Doubt is that doubt engendered by
carry out, order, or cover-up extralegal an investigation of the whole proof and an
killings or enforced disappearance and inability, after such investigation, to let the mind
refuse to obey any order to do so. rest easy upon the certainty of guilt.
10. Reporting Violation – report all violations
Equipoise Rule provides that where the
of these standards and do everything
evidence in a criminal case is evenly balanced,
within your ability and authority to
the constitutional presumption of innocence tilts
ensure that steps are taken to
the scales in favor of the accused.
investigate violations of these
standards. Bail is a security given for the release of a
Criminal Justice encompasses a chain of person in custody of law, furnished by him or a
events, activities, tasks, or functions that bondsman, to guarantee his appearance before
constitute the official response to perceived any court as required under conditions specified
problems of law and order. under the Rules of Court.
Philippine Criminal Justice System (PCJS) is a Freedom of Expression. Section 4 – No law
system or process in the community by which shall be passed abridging the freedom of
crimes are investigated and the persons speech, of expression, or of the press, or the
suspected thereof are taken into custody, right of the people peaceably to assemble the
prosecuted in court, and punished, and if found petition to the government for redress of
guilty, provisions being made for their correction grievances.
and rehabilitation.
Meaning of Freedom of Speech, Expression,
Due Process, guarantee against any and of the Press – The constitutional freedom
arbitrariness on the part of the government, of speech and expression, and of the press
whether committed by the legislature, executive, otherwise known as the freedom of expression,
or the judiciary. It is a fundamental, implies the right to freely utter and publish
constitutional guarantee that all legal whatever one pleases without previous restraint,
proceedings will be fair and that one will be and to be protected against any responsibility for
given notice of the proceedings and an doing as long as it does not violate the law, or
opportunity to be heard before the government injure someone’s character, reputation or
acts to take away one's life, liberty, or property. business. It also includes the right to circulate
It is law which hears before it condemns, which what is published.
proceeds upon inquiry, and renders judgment
only after trial. Limitations on the Right:

Sanctions referred to as “satisfactions to the - “Except upon lawful order of the court”
public” which are imposed on the person by the and "except in the interest of national
State. security, public safety, or public health as
may be provided by law”.
Custodial Investigation is any questioning
- The phases mean, in other words,
initiated by law enforcement officers after a
subject to the dominant police power of
person has been taken into custody or otherwise
the State. Thus, the lawmaking body may
deprived of his/her freedom of action in any
by law provide for the observance of
significant way.
curfew hours in time of war or national
Arrest taking of a person into custody in order emergency, the commitment of mentally
that he/she may be bound to answer for the deranged persons to a mental institution,
commission of an offense. the confinement of those with
communicable diseases to a hospital, the
 90

arrest and detention of persons accused citizens within the territorial sovereignty
of crimes, etc. for public purposes.

Right Against Self-Incrimination. Section 17 – LEGAL REMEDIES IN CASES OF ENFORCED

No person shall be compelled to be a witness DISAPPEARANCE AND EXTRAJUDICIAL
against him. It includes the right to refuse to KILLING (EJK)
testify to a fact which would be a necessary link
in a chain of evidence to prove the commission ▪ Writ of Habeas Corpus (WOHC) Is a
of a crime by a witness. This is usually
Latin phrase which literally means “you
applicable against compulsory testimonial
have the body.” The writ is an order to the
evidence. This is to prevent extricating from the
person in charge of someone’s detention
defendant’s own lips an admission of his guilt.
to deliver the named person so that the
However, this also applies to a refusal of a
court can investigate the legality of his
person to produce a specimen of his
imprisonment. Basically, it is a writ directed
handwriting. The reason is that writing is not a
to the person detaining another,
purely mechanical act. It requires the
commanding him to produce the body of
application of intelligence and attention and is
the prisoner at the designated time and
equivalent to testimonial compulsion. (Beltran
place and explain the cause of his
vs. Samson)
detention.
Nonetheless, there is no violation where:
▪ Writ of Amparo (WOA) The Writ of
1. The accused is forced to discharge Amparo is of Mexican origin. Amparo
morphine from his mouth. (US vs. OngSiu means protection from the Spanish word
Hong) “Amparar”. It is a remedy available to any
2. The accused is compelled to place his foot person whose right to life, liberty and
on a piece of paper to secure his foot. (US security has been violated or is threatened
vs. Sales) with violation by an unlawful act or
3. The accused is compelled to be omission of a public official / employee, or
photographed or to remove his garment and of a private individual or entity. The writ is
his shoes. (People vs. Otadora) issued in cases of EJK and Enforced
4. Where a woman accused of adultery is Disappearances or threats thereof.
compelled to permit her body to be
examined by physicians to determine if she ▪ Writ of Habeas Data (WOHD) is a remedy
is pregnant. (Villaflor vs. Summers) available to any person whose right to
THREE INHERENT POWERS OF THE STATE: privacy in life, liberty or security is violated
or threatened by an unlawful act or
o Police Power – the power of promoting omission of a public official or employee,
the public welfare by restraining and or of a private individual or entity engaged
regulating the use of liberty and property. in the gathering, collecting or storing of
o Power of Taxation – the inherent data or information regarding the person,
legislative power by which the sovereign family, home and correspondence of the
raises income to defray the necessary aggrieved party.
expenses of the government.
o Power of Eminence Domain or CLJ – 3 Criminal Law (Book 1)
Expropriation – it is the ultimate right of Criminal Law is that branch of municipal law that
sovereign power to appropriate, not only defines crime, treats its nature and provides for
public but even the private property of all their punishment.

Sources of Criminal Law:

 91

- RPC 2. Territoriality Characteristics – the penal

- SPL laws in the Philippines are enforceable
- Penal Presidential Decrees only within its territory. (Body of Land,
Common Law Crime is the body of principles, Interior Waters, Airspace/Atmosphere,
usages and rules of action, which do not rest for and Maritime Zone [12 miles from the
their authority upon any express and positive outermost coastline])
declaration of the will of the legislature. Exceptions: (those enumerated in
Limitations: Art. 2 of RPC)
French Rule – Crimes committed
1. No Ex Post Facto Law – a law that
aboard a foreign vessel within the
punishes an act or omission done
territorial waters of a country are not
before the effectivity date of the law.
triable in the courts of such a
2. No Bill of Attainder – is a legislative
country.
act which inflicts punishment without
English Rule – Crimes committed
trial.
aboard a foreign vessel within the
3. No person shall be held to answer
territorial waters of a country are
for a criminal offense without due
triable in the courts of such a
process of law
country.
4. Excessive fines shall not be
3. Prospectivity Characteristics – this
imposed, nor cruel, degrading or
means that crime is punished under the
inhuman punishment inflicted.
laws enforced at the time of their
5. The penal law enacted must be
commission. (except if the law is more
general in application
favorable to the accused)
Note:
Four types of Criminal Repetitions
a. Whenever a law provides for a
- Habitual Delinquency – it happens when
punishment, it is a criminal law
a person within a period of 10 years
b. The following are the common
from the date of his release or last
forms of punishment:
conviction of the crimes of serious or
- Payment of Fine less serious physical injuries, robbery,
- Imprisonment theft, estafa or falsification, is found
- Death Penalty as the capital guilty of any said crimes a 3rd time or
punishment for heinous crimes. oftener. It is true only in the crimes
found in Revised Penal Code.
CHARACTERISTICS OF CRIMINAL LAW - Reiteracion/Habituality – The offender
has been previously punished for an
1. Generality Characteristics – states that
offense to which the law attaches an
Philippine Criminal Laws are binding on
equal or greater penalty or for 2 or more
all persons who live or sojourn in
crimes to which it attaches a lighter
Philippine territory.
penalty. Sentences previously served
Exceptions:
need not be a felony, but subsequent
- Treaty stipulation
sentences must be a felony.
- Laws of preferential application - Recidivism – This happens when a
- Principles of Public Internal Law person, who, while on trial for one
(Sovereigns and other head of offense, has been previously convicted
state, Ambassador, minister by final judgment of another crime
plenipotentiary, minister resident embraced within the same title of the
and charges d' affaires. Penal Code.
 92

- Quasi-Recidivism – It is a Special ➔ Act – is a physical movement, a

Aggravating Circumstance. This physical activity of a human body which
happens when a person commits a tends to influence the outside world.
felony after having been convicted by Practically, 90% of all felonies are done
final judgment, before beginning to through physical act.
serve such sentence, or while serving ➔ Crime – Acts and omissions punishable
the same, shall be punished by the by any law.
maximum period of the penalty ➔ Omission – is an inaction. It is the
prescribed by law for the new felony. failure to do a positive duty which the
Theories of Criminal Law law commands to be done.

1. Classical/Juristic Theory – It means that Mistake of Fact (Ignorantia Facti) – it is a

the basis of criminal liability is Human misapprehension of fact of the person who
Free Will, and the purpose of the caused injury to another. He is not, however,
penalty is retribution which must be criminally liable because he did not act with
proportional to the gravity of the offense. criminal intent.
It establishes MECHANICAL and
Ignorantia Facti Excusat (Ignorance of the Fact
DIRECT PROPORTION between the
Excuse) – The same should not be confused
crime and penalty.
with the Ignorance of the Law. While ignorance
2. Positivist/Realistic Theory – It considers
of the law excuses no one from compliance
man as a social being and his acts are
therewith, ignorance of the fact relieves the
attributable NOT just to his will but to
accused from criminal liability.
other forces of society. As such,
punishment is not a solution, as he is Mala In Se Mala Prohibita
not entirely to be blamed. The purpose Crimes are so Violations of mere
of the penalty is rehabilitation. serious in their rules of convenience
3. Eclectic/Mixed Theory – This combines effects on society as designed to secure a
both classical and positivist theory to call for unanimous more orderly
wherein crimes that are economic and condemnation of its regulation of the
social in nature should be dealt with in a members. affairs of society.
positive manner. The law is thus more Criminal Intent is Criminal Intent is
compassionate. necessary. immaterial because
ARTICLE 3. Definitions. the only inquiry is
having the law been
Felonies – acts and omissions punishable by violated.
the RPC which can be committed by means of Generally, refers to Generally, refers to
dolo (Deceit) when the act is committed with those acts or acts or omissions
deliberate intent, or by means of culpa (Fault) omissions punished made criminal by
when the wrongful act results from imprudence by the Revised Penal Special Laws.
or negligence, lack of foresight or skill. Code.
Imprudence – means deficiency of action, lack There are stages in There are no stages
of skill. The test of imprudence is the failure to the act (attempted, in the act.
do what any ordinary person would have frustrated and
ordinarily done. consummated).
Mitigating Mitigating
Negligence – refers to deficiency of perception, circumstances apply. circumstances do not
lack of foresight. The test of negligence is the apply because this is
failure that any ordinary person could easily Malum Prohibitum.
foresee. They are inherently They are not
 93

wrong. inherently wrong. ARTICLE 6. Stages of a Felony.

ARTICLE 4. Criminal Liability. (Consummated, Frustrated, & Attempted)

1. By any person committing a felony 1. Attempted Felony – When the offender

(delito) although the wrongful act done commences the commission of a felony
be different from that which he intended. directly by overt acts and does not
2. By any person performing an act which perform all the acts of execution which
would be an offense against persons or should produce the felony by reason of
property where it is not for the inherent some cause or accident other than his
impossibility of its accomplishment or on own spontaneous desistance.
account of the employment of 2. Frustrated Felony – When the offender
inadequate or ineffectual means. performs all the acts of execution which
(IMPOSSIBLE CRIME). would produce the felony as a
consequence but which, nevertheless,
Three (3) Situations do not produce it by reason of causes
➔ Error in Personae – mistake in identity. independent of the will of the
➔ Aberratio Ictus – mistake in blow. perpetrator. (F. Arson [US v. Valdez,
➔ Praetor Intentionem – lack of intent to GR No. 14128, 1918-12-10], F. Rape
commit so grave or wrong. [People v. Erina, 50 Phil. 998])
3. Consummated Felony – When all the
Doctrine of Proximate Cause is that cause which elements necessary for its execution
in the natural and continuous sequence, and accomplishment are present.
unbroken by any efficient intervening cause,
results in a particular felony, without which the Distinction of Attempted/Frustrated vs.
felony would not have resulted. Impossible Crime

“El que es causa de la causa del mal ➔ Impossible crime – the evil intent of the
causado…” means, He who is the cause of the offender cannot be accomplished
cause, is the cause of the evil cause… ➔ Attempted and Frustrated Felonies – the
evil intent of the offender is possible.
Intervening Cause it is something foreign and ★ Formal Crimes are those crimes which
totally unexpected which intervened, and which are consummated at one instance.
broke the relation of cause and effect, between ★ Material Crimes are those crimes which
the original felonious act and the result. are not consummated by one instance
or by a single act.
An accused is not liable if there is an
★ Complex Crimes are those that exist
efficient intervening cause. Meaning, if there is
when a single act constitutes two or
something which happened in between which is
more grave or less grave felonies, or
foreign between the victim’s death and the
when an offense is a necessary means
original act, there is a break in the relation of
for committing the other.
cause and effect, then one is liable only up to
that point. Two Kinds of Complex Crimes
Impossible Crime is a crime committed by any 1. Compound Crime – When a single act
person who performs an act which would be an constitutes two or more grave or less
offense against persons or property, were it not grave felonies.
for the inherent impossibility of its 2. Complex Crime Proper – When an
accomplishment or on account of the offense is a necessary means for
employment of inadequate or ineffectual means. committing the other.
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Development of Crimes is a crime consists of Note: Mere proposal/conspiracy to

internal and external acts commit a felony is not punishable.

ARTICLE 9. Grave Felonies, Less Grave

● Internal Acts – they are absolutely not
Felonies, & Light Felonies.
punished, always not a crime.
Grave Felonies are those to which the law
● External Acts – refer to preparatory acts
attaches the capital punishment or afflictive
and acts of execution. penalties which in any of their periods are
ARTICLE 7. Light Felonies. – are ONLY afflictive, in accordance with Art. 25 of this Code.
PUNISHABLE when they have been Less Grave Felonies are those which the law
consummated. punishes with penalties in their maximum period
Reason: It is merely a minor infraction of the are correctional, in accordance with the above-
law. As a matter of fact, even if a light felony is mentioned article.
consummated, the penalty is only arresto Light Felonies are those infractions of law for the
mayor. The injury is negligible. commission of which the penalty of arresto
Exceptions: Light Felonies committed Against menor or a fine not exceeding 200 pesos, or
Person or Property are punishable even if at both is provided.
Attempted or Frustrated Stages. ARTICLE 11. Justifying Circumstances. – are
Reason: Those who commit crimes against those where the act of a person is said to be in
persons are more perverse than those who accordance with law, so that such person is
violate the other Titles of the Book. deemed not to have transgressed the law is free
from both criminal and civil liability, EXCEPT in
ARTICLE 8. Conspiracy and Proposal to Paragraph 4 where the civil liability is borne by
Commit a Felony. the person benefited by the act.

Conspiracy and Proposal to commit felony are 1. Anyone who acts in defense of his
punishable only in the cases in which the law person or rights, provided that the
specially provides a penalty, therefore. following circumstances concur (SELF-
DEFENSE):
CONSPIRACY exists when two or more persons
a. Unlawful aggression.
come to an agreement concerning the
b. Reasonable necessity of the means
commission of a felony and decide to commit it.
employed to prevent or repel it.
KINDS OF CONSPIRACY c. Lack of sufficient provocation, on
the part of the person defending
1. Conspiracy as a crime – refers to those himself.
conspiracies punished by law, like – 2. Anyone who acts in defense of the
Conspiracy to commit person or right, his spouse, ascendants,
treason/rebellion/sedition, etc. descendants, or legitimate, natural or
2. Conspiracy as a manner of incurring adopted brothers or sisters or of his
criminal liability – this is not punishable relatives by affinity in the same degrees,
until converted into action or all or one and those by consanguinity within the
of the conspirators commit any overt fourth civil degree, provided that the first
act, all of them are liable. and second requisites prescribed in the
There is Proposal when the person who has next preceding circumstance are
decided to commit a felony proposes its present, and the further requisite, that in
execution to some other person or persons. case the provocation was given by the
person attacked, that the one making
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the defense had no part therein. ARTICLE 12. Exempting Circumstances. – are
(DEFENSE OF RELATIVES): those grounds for exemption from punishment
a. Unlawful aggression because there is wanting in the agent of the
b. Reasonable necessity of the means crime any of the conditions which make the act
employed to prevent or repel it. voluntary, or negligent.
c. In case the provocation was given
Exempt from Criminal Liability:
by the person attacked, that the one
making the defense had no part 1. An imbecile or an insane person, unless
therein. the latter has acted during a lucid
3. Anyone who acts in defense of the interval.
person or rights of a stranger, provided - lucid interval - a brief period during
that the first and second requisites
which an insane person regains
mentioned in the first circumstance of
sanity that is sufficient to regain the
this Article are present and that the
legal capacity to contract, make a
person defending be not induced by
will and to act on his/her own behalf.
revenge, resentment or other evil
2. A child fifteen (15) years of age or under
motive. (DEFENSE OF STRANGER):
at the time of the commission of the
a. Unlawful aggression.
offense (RA 9344)
b. Reasonable necessity of the means
3. 3. A child above fifteen (15) years but
employed to prevent or repel it.
below eighteen (18) years unless he has
c. The person defending is not induced
acted with discernment (RA 9344)
by revenge, resentment or other evil
- Discernment – is the mental
motive.
capacity to understand the
4. Any person who, in order to avoid an
difference between right and wrong
evil or injury, does an act which causes
4. Any person who, while performing a
damage to another, provided that the
lawful act with due care, causes an
following requisites are present (STATE
injury by mere accident without fault or
OF NECESSITY/ EMERGENCY
intention of causing it.
RULE):
a. That evil sought to be avoided - Accident – is "that which happens
exists. by chance or fortuitously, without
b. That the injury feared be greater intention and design, and which is
than that done to avoid it. unexpected, unusual and
c. That there be no other practical and unforeseen".
less harmful means of preventing it. 5. Any person who acts under the
5. Any person who acts in the fulfillment of compulsion of an irresistible force.
a duty or in the lawful exercise of a right - Force, to be irresistible, must
or office. (FULFILLMENT OF DUTY). produce such an effect on an
6. Any person who acts in obedience to an individual that despite his
order issued by a superior for some resistance, it reduces him to a mere
lawful purpose. (OBEDIENCE OF instrument and, as such, incapable
ORDER). of committing a crime.
a. That an order has been issued by a 6. Any person who acts under the impulse
superior. of an uncontrollable fear of an equal or
b. That such order must be for some greater injury.
lawful purpose. - For it to be a valid defense, it should
c. That the means used by the be real, imminent or reasonable fear
subordinate to carry out said order for one’s life and limb, it should not
is lawful.
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be inspired by speculative, fanciful legitimate, natural or adopted brothers

or remote fear. or sisters, or relatives by affinity within
- There is uncontrollable fear is when the same degrees (Vindication of Grave
the offender employs intimidation or Offense)
threat in compelling another to 6. That of having acted upon an impulse so
commit a crime, powerful as naturally to have produced
- There is irresistible force when the passion or obfuscation (Passion or
offender uses violence or physical Obfuscation)
force to compel another person to 7. That the offender had voluntarily
commit a crime. surrendered himself to a person in
authority or his agents, or that he had
- Actus mi invictu reus, nisi mens facit
voluntarily confessed his guilt before the
reum – an act done by me against
court prior to the presentation of the
my will is not my act.
evidence for the prosecution (Voluntary
7. Any person who fails to perform an act
Surrender & Confession of Guilt)
required by law, when prevented by
8. That the offender is deaf and dumb,
some lawful or insuperable cause.
blind, or otherwise suffering some
ARTICLE 13. Mitigating Circumstances. – are physical defect which thus restricts his
those which, if present in the commission of a means of action, defense, or
crime, do not entirely free the actor from criminal communication with his fellow beings.
liability but serve only to reduce the penalty. (Illness)
9. Any other circumstances of a similar
Following are MCs: nature and analogous to those above-
1. Those mentioned in the preceding mentioned.
chapter, when all requisites necessary Kinds of MCs:
to justify the act or to exempt from 1. Ordinary Mitigating – susceptible of
criminal liability in the respective cases being offset by an aggravating
are not attendant. (Incomplete Justifying circumstance and produces an effect of
or Exempting Circumstances) applying the penalty provided by law in
2. That the offender is under 18 years of its minimum period. Examples: Sufficient Provocation,
age or over 70 years of age (Minority or Vindication of Grave Offense, voluntary surrender, etc.

Old Age) 2. Privileged Mitigating – cannot be offset

3. That the offender had no intention to by aggravating circumstances and
commit so grave a wrong as that produces the effect of imposing upon
committed (Praeter Intentionem) the offender the penalty lower by one or
4. That sufficient provocation or threat on two degrees. Examples: Minors who acted with
the part of the offended party discernment, Incomplete justifying or exempting circumstances, when

immediately preceded the act (Sufficient there are two or more mitigating circumstances and no aggravating

Provocation) circumstance.

- Sufficient provocation is any unjust or

improper conduct or act of the victim ARTICLE 14. Aggravating Circumstances. – are
adequate to excite a person to commit a those which, if attendant in the commission of
wrong, which is accordingly the crime, serve to increase the penalty without,
proportionate in gravity. however, exceeding the maximum penalty
5. That the act was committed in the provided by law for the offense.
immediate vindication of a grave offense
Following are AGCs:
to the one committing a felony, his
spouse, ascendants, descendants,
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1. That advantage be taken by the 12. That the crime be committed by means
offender of his public position of inundation, fire, explosion, stranding
2. That the crime be committed in of a vessel or intentional damage
contempt of or with insult to the public thereto, derailment of locomotive, or by
authorities the use of any artifice involving great
3. That the act be committed with insult or waste of ruin
in disregard of the respect due the 13. That the act be committed with evident
offended party on account of his rank, premeditation
age, or sex or that it be committed in the Requisites of evident premeditation: The
dwelling of the offended party, if the prosecution must prove:
latter has not given provocation
A. The time when the offender determined
4. That the act be committed with abuse of
to commit the crime
confidence or obvious ungratefulness
B. An act manifestly indicating that the
5. That the crime be committed in the
culprit has clung to his determination
place of the Chief Executive, or in his
C. A sufficient lapse of time between the
presence, or where public authorities
determination and execution (to allow
are engaged in the discharge of their
him to reflect on its consequences)
duties or in a place dedicated to
1. That craft, fraud, or disguise be
religious worship
employed
6. That the crime be committed in the
2. That advantage be taken of superior
nighttime or in an uninhabited place, or
strength, or means be employed to
by a band, whenever such
weaken the defense
circumstances may facilitate the
3. That the act be committed with
commission of the offense.
treachery
BAND - is a group of more than three (3) armed
malefactors who shall have acted together in the TREACHERY - happens when the offender
commission of an offense. commits any of the crimes against the person,
employing means, methods or forms in the
7. That the crime be committed on the
execution thereof which tend directly and
occasion of a conflagration, shipwreck,
specially to ensure its execution, without risk to
earthquake, epidemic, or other calamity
himself arising from the defense which the
or misfortune
offended party might make. (Alevosia)
8. That the crime be committed with the
aid of armed men or persons who insure 4. That means being employed or
or afford impunity. circumstances brought about which
9. That the accused is a recidivist. add ignominy to the natural effects
RECIDIVISM - is one who, at the time of his trial of the act.
for one crime, shall have been previously
convicted by final judgment of another crime Ignominy- A circumstance pertaining to the
embraced in the same title of this Code. moral order, which adds disgrace and obloquy to
the material injury caused by the crime.
10. That the offender has been previously
punished for an offense to which the law 5. That the crime be committed after
attaches an equal or greater penalty or an unlawful entry.
for two or more crimes to which it - There is unlawful entry when an
attaches a lighter penalty. entrance is affected in a way that did
(REITERACION) not intend the purpose.
11. That the crime be committed in 6. That as a means to the commission
consideration of a price, reward or of a crime a wall, roof, door, or
promise window be broken.
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7. That the crime be committed with Crimes Against Persons – Aggravating

the aid of persons under fifteen Circumstance
years of age, or by means of motor 2. Intoxication
vehicle, motorized watercraft, a. Mitigating Circumstance –
airships, or other similar means. 1. Not Habitual and
8. That the wrong done in the 2. Not Intentional
commission of the crime be b. Aggravating Circumstance –
deliberately augmented by causing 1. Habitual,
other wrongs not necessary for its 2. Intentional, or
commission. (Cruelty) 3. Subsequent to the plan to
Commit Crime
There is cruelty when the culprit enjoys and
3. Degree of Instruction/Education
delights in making his victim suffer slowly and
a. Low/Lack of Instruction or Education
gradually, causing him unnecessary moral and
= Mitigating Circumstances
physical pain in the consummation of the
b. Higher Degree of
criminal act which he intends to commit.
Instruction/Education = (If the
FOUR KINDS OF AGCs: offender took advantage of his
education/learning) Aggravating
1. Generic – those that can apply to all Circumstances
crimes. Ex: dwelling, nighttime or recidivism
2. Specific – those that apply only to ARTICLE 16. Persons Criminally Liable. The
particular crimes. Ex: ignominy in crimes against chastity following are the persons who are criminally
or cruelty and treachery in crimes against persons. liable for grave and less grave felonies:
3. Qualifying – those that change the
1. Principals 3. Accessories
nature of the crime. Ex: alevosia or evident
premeditation qualifies the killing of a person to murder.
2. Accomplices
The following are criminally liable for light
4. Inherent – those that must of necessity
felonies:
accompany the commission of the
crime. Ex: evident premeditation is inherent in robbery, theft, a. Principals b. Accomplices
estafa, adultery and concubinage
Note: Accessories are not liable for light felonies
because the individual prejudice is so small that
ARTICLE 15. Alternative Circumstances. – are
penal sanction is not necessary.
those which must be taken into consideration as
aggravating or mitigating according to the nature ARTICLE 17. Principals. The following are
and effects of the crime and the other conditions considered as principals:
attending the commission.
a. Those who take a direct part in the
They are the relationship, intoxication, and execution of the act. (Principal by Direct
the degree of instruction and education of Participation)
the offender. b. Those who directly force or induce
others to commit it. (Principal by
1. Relationship
Inducement/Induction)
Crimes against Property –
c. Those who cooperate in the commission
a. If covered by Article 332
of the offense by another act without
(Theft, Estafa and Malicious Mischief)
which it would not have been
- Exempting Circumstance accomplished. (Principal by
b. Other crimes against property Indispensable Cooperation)
committed against a relative –
Mitigating Circumstance Principals by Direct Participation - Two
Requisites:
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1. That these people participated in the However, if there is doubt as to whether

criminal resolution. there is conspiracy or there is no conspiracy, the
2. That the offender, co-principals doubt is resolved in favor of the lesser degree of
personally carried out the resolution by participation. Then you are just an accomplice.
performing acts which tend to
DISTINCTIONS OF PRINCIPALS vs
accomplish the objectives.
ACCOMPLICES
Note: There would be no principal by
inducement if there are no principals by direct
● Principal - The cooperation of a principal
participation. There would be no principal by
indispensable cooperation, without a principal by indispensable cooperation is
by direct participation. indispensable, without which the crime
would not have been committed.
Principals by Inducement/Induction - Two
Requisites: ● Accomplice - The cooperation of an
accomplice may be necessary but NOT
1. That the principal by inducement made indispensable. Meaning, the crime may
the inducement with the intention of still be committed.
procuring the commission of the crime.
2. That the inducement was the ● Principal - The cooperation of the
determining cause of the commission of Principal by Indispensable Cooperation
the crime without which the crime could is pursuant to a conspiracy.
not have been committed
● Accomplice - But the cooperation of an
The words of inducement must be offered
PRIOR to the commission of the crime. accomplice is NOT pursuant to a
conspiracy.
The principal by direct participation had NO
reason to commit the crime on his own. ARTICLE 19. Accessories. – are those who,
having knowledge of the commission of the
Principals by Indispensable Cooperation – crime, and not having participated therein, either
The basis is the importance of the cooperation as principals or accomplices, take part
to the consummation of the crime. If the crime subsequent to its commission in any of the
could hardly be committed without such following manner:
cooperation, then such cooperation would bring
about a principal. 1. By profiting themselves or assisting the
offender to profit by the effects of the
ARTICLE 18. Accomplices. – are persons who, crime
not being included in Article 17, cooperate in the 2. By concealing or destroying the body of
execution of the offense by previous or the crime or the effects or instruments
simultaneous acts. thereof, in order to prevent its discovery
3. By harboring, concealing, or assisting in
He is not in conspiracy with the
the escape of the principal of the crime,
principal, but knowing about the criminal
provided the accessory acts with abuse
intent of the offender, concurs with it and
of his public functions or whenever the
cooperated either in a previous or simultaneous
author of the crime is guilty of treason,
act.
parricide, murder, or an attempt to take
If you are a principal, you cannot be an the life of the Chief Executive, or is
accomplice at the same time. known to be habitually guilty of some
other crime.
If there is Conspiracy: If cooperation is
pursuant to a conspiracy, you are a principal. DISTINCTIONS OF PRINCIPALS or
You fall under Article 17(Principal). ACCOMPLICES vs ACCESSORIES
 100

Principal or Accomplice - participates prior to extinguishes criminal liability, because one of

or at least simultaneous with the commission of the juridical conditions of penalty is that it is
the crime. personal.

Accessory - comes only after (subsequent) the To the Civil Liability: The death of the convict
crime has been committed. It is also called also extinguishes pecuniary penalties only when
“Accessory After the Fact”. the death of the offender occurs BEFORE final
judgment. Hence, if the offender dies AFTER
ARTICLE 20. Accessories who are exempt from
final judgment, the pecuniary penalties are not
criminal liability. – The penalties prescribed for
extinguished.
accessories shall not be imposed upon those
who are such with respect to their spouses, Where the accused died while the
ascendants, descendants, legitimate, natural judgment of conviction against him was pending
and adopted brothers and sisters, or relatives by appeal, his civil and criminal liability were
affinity within same degree, with the single extinguished by his death.
exception of accessories falling within the
Death of the offended party does not
provisions of paragraph 1 of the next preceding
extinguish the criminal liability of the offender,
article. (Those who profit from or assist the
because the offense is committed against the
offender profit by the effects of the crime).
State.
Ground for exemption: The exemption
SERVICE OF SENTENCE – This does not
provided for in this article is based on the ties of
extinguish the civil liability.
blood and the preservation of the cleanliness of
one’s name, which compels one to conceal AMNESTY – It is an act of sovereign power
crimes committed by relatives so near as those granting oblivion or general pardon for a past
mentioned in the article. offense, and is rarely, if ever, exercised in favor
of a single individual, and is usually exerted on
ARTICLE 89. Criminal Liability is totally
behalf of a certain classes of persons, who are
extinguished:
subject to trial but not yet been convicted.
1. By the death of the convict, as to the
PARDON – It is an act of grace proceeding from
personal penalties, liability therefore is
the power entrusted with the execution of the
extinguished only when the death of the
laws which exempts the individual on whom it is
offender occurs before final judgment.
bestowed from the punishment the law inflicts
2. By service of the sentence.
for the crime he has committed.
3. By Amnesty, which completely
extinguishes the penalty and all its Two Kinds of Pardon
effects.
4. By absolute pardon. 1. Absolute Pardon
5. By prescription of the crime. 2. Conditional Pardon
6. By prescription of the penalty. Until accepted, all that may have been done is a
7. By the marriage of the offended woman, matter of intended favor and may be canceled.
as provided in Article 344 of this Code. But once accepted by the grantee, the pardon
already delivered cannot be revoked by the
Civil Liability not Extinguished: The Extinction authority which granted it.
of Criminal Liability does not necessarily mean
that the civil liability is also extinguished. DISTINCTIONS: AMNESTY vs. PARDON

EFFECTS OF THE DEATH OF THE ACCUSED ● Pardon - includes any crime and is
To the Criminal Liability: Death of the convict, exercised individually by the president.
whether before or after the final judgment,
 101

➔ Crimes punishable by other afflictive

● Amnesty - is a blanket pardon to classes
penalties - 15 years.
of persons or communities who may be ➔ Crimes punishable by correccional
guilty of political offenses. penalties - 10 years.
● Pardon - is exercised when the person is ➔ Crimes punishable by Arresto Mayor - 5
already convicted years.
➔ Crimes of libel or similar offense - 1
● Amnesty - may be exercised even year.
before a trial or investigation is held. ➔ Crimes of oral defamation and slander
by deed - 6 months
● Pardon - does not alter the fact that the
➔ Light Offenses - 2 months
accused is a recidivist, because it
produces the extinction only of the ARTICLE 92. When and How Penalties
personal effects of the penalty. Prescribe. – The penalties imposed by final
sentence prescribe as follows:
It does not work to restore the rights to
hold public office or the right of suffrage, 1. Death and reclusion perpetua - 20
UNLESS the rights be expressly restored by the years.
terms of the pardon. 2. Other afflictive penalties - 15 years.
3. Correctional Penalties - 10 years.
● Amnesty - makes an ex-convict no 4. Arresto Mayor - 5 years.
5. Light Penalties - 1 year.
longer recidivist, because it obliterates
ARTICLE 93. Partial Extinction of Criminal
the last vestige of the crime.
Liability. – criminal liability is extinguished
PRESCRIPTION OF THE CRIME – the partially:
forfeiture or loss of the right of the State to
1. Conditional pardon – delivered and
prosecute the offender after the lapse of a
accepted is considered a contract
certain time.
between the sovereign power of the
PRESCRIPTION OF THE PENALTY – is the executive and the convict that the former
loss or the forfeiture of the right of the will release the latter upon compliance
government to execute the final sentence after with the condition. The usual condition
the lapse of a certain time. imposed upon the convict is that “he
shall not again violate any of the penal
EFFECT OF MARRIAGE IN RAPE AND laws of the Philippines.”
OTHER CRIMES AGAINST CHASTITY. – It 2. Commutation – is a change of the
extinguishes criminal liability. decision of the court made by the Chief
But Marriage of the offender with the Executive by reducing the degree of the
offended woman after the commission of any of penalty inflicted upon the convict, or by
the crimes of rape, seduction, abduction or acts decreasing the length of the
of lasciviousness, as provided in Art. 344 must imprisonment or the amount of the fine.
be contracted by the offender in good faith. 3. Good Conduct Allowances – which the
culprit may earn while he is serving his
sentence. Deduction from the term of
the sentence for good behavior.
ARTICLE 90. Prescription of Crimes.
4. Parole – This consists in the suspension
➔ Crimes punishable by death, reclusion of the sentence of a convict after serving
perpetua or reclusion temporal - 20 the minimum term of the indeterminate
years. penalty, without granting a pardon,
 102

prescribing the terms upon which the The thing itself shall be
sentence shall be suspended. restored, even though it be
5. Probation – It is a disposition under found in the possession of a
which a defendant after conviction and third person who has
sentence is released subject to acquired it by lawful means,
conditions imposed by the Court and to saving to the latter his
the supervision of a probation officer. action against the person
who may be liable to him.
Who are the offenders disqualified from being
2. Reparation of the Damage Caused –
placed on probation?
The Court shall determine the amount
of the damage, taking into
● Those sentenced to serve a maximum consideration the price of the thing,
term of imprisonment of more than six (6) whenever possible, and its special
years sentimental value to the injured party
● Those convicted of subversion or any and reparation shall be made
accordingly.
crime against the national security or
3. Indemnification – Indemnification of the
public order
consequential damages shall include
● Those who were previously convicted by not only those caused by the injured
final judgment of an offense punished by party, but also those suffered by his
imprisonment of not less than one year family or by a third person by reason of
and one day and/or a fine not more than the crime.
two hundred pesos. Ex: Civil or death indemnity is mandatory and
granted to the heirs of the victim without need of
● Those that have been once on probation. proof other than the fact of death as the result of
the crime or quasi-delict.
● Those who are already serving sentence
at the time the substantive provisions of CLJ – 4 Criminal Law (Book 2)
the decree became applicable
CRIMES AGAINST NATIONAL SECURITY
ARTICLE 100. Civil Liability of a person guilty of AND THE LAW OF NATIONS
felony. – Every person criminally liable for a
ARTICLE 114. Treason. – A breach of
felony is also civilly liable.
allegiance to a government, committed by a
CIVIL LIABILITY STILL EXISTS: When person who owes allegiance to it. It is the
the accused in a criminal prosecution is violation by a subject of his allegiance to his
acquitted on the ground that his guilt was not sovereign or to the supreme authority of the
proven beyond reasonable doubt, a civil action State.
for damages for the same act or omission may
Allegiance – The obligation of fidelity and
be instituted.
obedience which the individuals owe to the
ARTICLE 104. What is included in civil liability? government under which they live or to their
– The civil liability established in Art. 100-103 of sovereign, in return for the protection they
this Code includes: receive. It is either Permanent or Temporary.

1. Restitution – the restitution of the ELEMENTS:

thing itself must be made whenever
1. That the offender is a Filipino citizen or
possible, with allowance for any
an alien residing in the Philippines.
deterioration or diminution of value as
2. That there is a war in which the
determined by the court.
Philippines is involved.
 103

3. That the offender either: (a) levies war Note: A person accused of this article is
against the government, (b) adheres to an accessory to the crime of treason.
the enemies, giving them aid or comfort. This is an example of a crime by
Adherence to the enemy – The intent to omission.
betray, it happens when a citizen intellectually or
ARTICLE 117. Espionage – is the offense of
emotionally favors the enemy and harbors
gathering, transmitting, or losing information
sympathies and convictions disloyal to his
respecting the national defense with intent or
country’s policy or interest.
reason to believe that the information is to be
Aid/Comfort – means or acts which strengthen used to the injury of the Republic of the
or tends to strengthen the enemy in the conduct Philippines or to the advantage of any foreign
of war against the traitor’s country. nation. It is covered by Article 117 and CA
616 or Anti-Espionage Act.
Ways of Proving Treason:
TWO WAYS OF COMMITTING
1. Testimony of two witnesses, at least, to
the same act. 1. By entering, without authority therefore,
2. Confession of the accused in open a warship, fort, or naval military
court. establishment or reservation to obtain
any information, plans, photographs or
ARTICLE 115. Conspiracy and Proposal to
other data of a confidential nature
Commit Treason.
relative to the defense of the Philippines.
Conspiracy to Commit Treason – is committed ● It is not necessary that information is
when in time of war, two or more persons come
obtained. It is sufficient that he has
to an agreement to wage war against the
the purpose to obtain any of them
Government or to adhere to the enemies and to
when he enters a warship or military
give them aid or comfort and decide to commit
establishment.
it.
2. By disclosing to the representative of a
Proposal to Commit Treason – is committed foreign nation the contents of the
when in time of war a person who has decided articles, data or information referred to in
to wage war against the Government or to par. 1 of Article 117, which he had in his
adhere to the enemies or give them aid or possession by reason of the public office
comfort, proposes its execution to some other he holds.
person or persons. ● In Par.1, the offender is any person,
ARTICLE 116. Misprision of Treason. whether a citizen, or a foreigner, a
private individual or a public officer.
ELEMENTS:
● In Par.2, the offender must be a public
1. That the offender must be owing
officer who has in his possession the
allegiance to the Government, and not a
article or information by reason of the
foreigner.
public office he holds.
2. That he has knowledge of any
conspiracy to commit treason against ESPIONAGE TREASON
the government. Committed both in Only in times of war
3. That he conceals or does not disclose time of war and
and makes known the same as soon as peace
possible to the governor or fiscal of the Committed in many Committed in two
province or the mayor or fiscal of the city ways under ways:
in which he resides. Commonwealth Act a. War
 104

616 b. Adhering to Correspondence – is communication by means

the enemy, of letters; or it may refer to the letters which pass
giving aid or between those who have friendly or business
comfort. relations.

ARTICLE 118. Inciting to war or giving motives ARTICLE 121. Flight to the enemy's country.
for reprisals.
ELEMENTS:
ELEMENTS:
1. That there is a war in which the
1. That the offender performs unlawful or Philippines is involved.
unauthorized acts. 2. That the offender must be owing
2. That such acts provoke or give occasion allegiance to the Government.
for a war involving or liable to involve 3. That the offender attempts to flee or go
the Philippines or expose Filipino to enemy country; and
citizens to reprisals on their persons or 4. Going to an enemy country is prohibited
property. by competent authority.
3. It is committed in time of peace. ● An alien resident may be guilty of
● The intention of the offender is flight to an enemy country.
immaterial
ARTICLE 122. Piracy and Mutiny on the High
ARTICLE 119. Violation of neutrality. Seas.

ELEMENTS: Piracy – it is robbery or forcible depredation on

the high seas, without lawful authority and done
1. That there is a war in which the with animo furandi and in the spirit and
Philippines is not involved intention of universal hostility.
2. That there is a regulation issued by
competent authority for the purpose of Animo Furandi – intent to steal, to feloniously
enforcing neutrality deprive the owner permanently of his property.
3. That the offender violates such
ELEMENTS:
regulations
● It is the violation of such regulation 1. That a vessel is on the high seas or in
Philippine Waters
which constitutes the crime.
2. That the offenders are not members of
ARTICLE 120. Correspondence with Hostile its complement or passengers of the
countries. vessels,
3. That the offenders (a) attack or seize
ELEMENTS: that vessel or (b) seize the whole or part
1. That it is in time of war in which the of the cargo of said vessel, its
Philippines is involved. equipment or personal belongings of its
2. That the offender makes complement or passengers.
correspondence with an enemy country 4. There is intent to gain.
or territory occupied by enemy troops. Mutiny – it is the unlawful resistance to
3. That the correspondence is either: (a) a superior officer, or the raising of commotions
prohibited by the government, (b) and disturbances on board a ship against the
carried on in ciphers or conventional authority of its commander.
signs, (c) containing notice or
information which might be useful to the
enemy.
 105

of his life, liberty or property without due process

of law”
PIRACY MUTINY
The offenders are The offenders are
outsiders members. They are
ELEMENTS:
part of the crew or
the complement 1. That the offender is a public officer or
There is intent to gain They only want to employee
or plunder seize or control the 2. That he detains a person
vessel 3. That the detention is without legal
Effect of RA 7659 to PD 532 and Art. 122, grounds.
RPC – RA 7659 neither superseded nor
amended the provisions on piracy under PD Detention – it is when a person is
532. Piracy under Art. 122 of RPC. As placed in confinement or there is a restraint on
amended, and piracy under PD 532 exists his person. If the offender is a private person,
harmoniously as separate laws. (People vs. the crime is illegal detention.
Tulin, 364 SCRA 10) ARTICLE 125. Delay in the delivery of detained
ARTICLE 123. Qualified Piracy and Mutiny. – persons to the proper judicial authorities.
both are Qualified if any of the following ELEMENTS:
circumstances is present:
1. The offender is a public officer or
● Whenever the offenders have seized the employee,
2. That he has detained a person for some
vessel by boarding or firing upon the
legal grounds,
same; or
3. That he fails to deliver a person to the
● Whenever the crime is accompanied by proper judicial authority within:
murder, homicide, physical injuries or a. 12 hours, for crimes punishable by
rape. light penalties
b. 18 hours, for crimes punishable by
● When the victims are left without means
correccional penalties
of saving themselves. c. 36 hours, for crimes punishable by
afflictive/capital penalties.
RA 6235 – Acts Inimical to Civil Aviation –
punishes Sky Piracy Art.125 applies only when the arrest is
made without warrant of arrest. But the arrest
“It shall be unlawful for any person to
must be lawful. The term “shall fail to deliver
compel a change in the course or destination of
such a person to the proper authorities” does not
an aircraft of Philippine Registry, or to seize or
consist in a physical delivery, but in making an
usurp the control thereof, while it is in flight.”
accusation or charge or filing an information
An aircraft is in flight from the moment against the person arrested with the
all its external doors are closed following corresponding court or judge.
embarkation until any such doors are opened for
ARTICLE 126. Delaying Release.
disembarkation.
ELEMENTS:
CRIMES AGAINST THE FUNDAMENTAL
LAWS OF THE STATE 1. That the offender is a public officer or
employee
ARTICLE 124. Arbitrary Detention - The
2. That there is a judicial or executive order
constitutional right violated here is the Due
for the release of a prisoner or detention
Process of Law – “No person shall be deprived
 106

prisoner, or that there is a proceeding search therein for papers or other

upon a petition for the liberation of such effects
person 3. He committed any of the following:
3. That the offender without good reason
delays: ● By entering any dwelling against the will of
a. the service of the notice of such the owner thereof
order to the prisoner, or
b. the performance of such judicial or ● By searching papers or other effects found
executive order for the release of therein without the previous consent of
the prisoner; or such owner; or
c. the proceedings upon a petition for
the release of such a person.
● By refusing to leave the premises, after
having surreptitiously entered said dwelling
ARTICLE 127. Expulsion. and after having been required to leave the
TWO ACTS ARE PUNISHABLE: same.

Qualifying Circumstances:
● By expelling a person from the Philippines.
- The offense is committed at nighttime
- Any papers or effects are not returned
● By compelling a person to change his
immediately after the search made by
residence. the offender
ELEMENTS: Note: If the offender who enters the dwelling
against the owner thereof is a private individual,
1. That the offender is a public officer or the crime committed is trespass to dwelling.
employee
2. That he expels any person from the ARTICLE 129. Search Warrants maliciously
Philippines, or compels a person to obtained and abused in the service of those
change his residence legally obtained.
3. That the offender is not authorized to do Search Warrant – it is an order in writing issued
so by law. in the name of the People of the Philippines,
Example of authorized persons: signed by the Judge and directed to a peace
officer, commanding him to search for the
- President of the Philippines has the personal property described therein and bring it
power to deport undesirable aliens before the court. It shall be valid for 10 days
- Bureau of Immigration from its date. Thereafter, it shall be void.

● Court by a final judgment in ejectment ELEMENTS: Two Ways of Committing Art.

129.
proceedings, expropriation proceedings
and in the penalty of destierro I. Procuring a Search Warrant Without
Just Cause
ARTICLE 128. Violation of Domicile. 1. The offender is a public officer or
ELEMENTS: employee
2. He procures a search warrant
1. The offender must be a public officer or 3. There is no just cause
employee. II. Abuse in the Service of Search Warrant
2. He is not authorized by judicial order to Legally Obtained
enter the dwelling and/or to make 1. The offender is a public officer or
employee
 107

2. He procures a search warrant legally 2. There is no legal ground to prohibit,

3. He either: (a) Exceeds his authority; or interrupt, or dissolve the meeting.
(b) Uses unnecessary severity in 3. There must be deliberate intent to hurt
executing the search warrant the feelings of the faithful.

Two Grounds Where Meeting can be

Interrupted:
ARTICLE 130. Searching Domicile without
Witness. 1. When there is a legal ground.
2. The meeting ceases to be peaceful.
ELEMENTS:
Note: A private individual cannot
1. That the offender is a public officer or
commit this crime
employee
2. That he is armed with a search warrant ARTICLE 132. Interruption of Religious
legally procured. Worship.
3. That he searches a domicile, papers or
ELEMENTS:
other belongings of any person.
4. The following are not present: (a) 1. The offender is a public officer or
Owner; (b) Any member of his family; (c) employee.
Two witnesses residing in the same 2. Religious ceremonies or manifestations
locality. of any religion are about to take place or
are going on.
Note: In this Article, the public officer at
3. The offender prevents or disturbs the
the time of the search is armed with a
same.
search warrant legally procured.
Crimes against Religious Worship:
ARTICLE 131. Prohibition, Interruption, and
Dissolution of Peaceful Meetings. – The right of 1. Interruption of religious worship or
the people to assemble is violated. ceremony
2. Offending religious feelings.
ELEMENTS:
ARTICLE 133. Offending the Religious
1. The offender is a public officer or
Feelings.
employee
2. He performs any of the following: ELEMENTS:
a. By prohibiting or by interrupting,
without legal ground, the holding of 1. That the acts complained of were
a peaceful meeting, or by dissolving performed: (a) In a place devoted to
the same religious worship; (b) During the
b. By hindering any person from celebration of any religious ceremony.
joining any lawful association or 2. That the acts must be notoriously
from attending any of its meetings offensive to the feelings of the faithful.
c. By prohibiting or hindering any
Notoriously Offensive Acts – those directly
person from addressing, either
against religious practice or dogma or ritual for
alone or together with others, any
the purpose of ridicule, i.e. ex: Mocking/scoffing; attempting to
petition to the authorities for the damage an object of religious veneration
correction of abuses or redress of
grievances. Religious Ceremonies – refers to those
religious acts performed outside of a church,
Prohibiting a Peaceful Meeting ELEMENTS:
such as processions and special prayers for
1. The meeting is peaceful burying dead persons.
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CRIMES AGAINST PUBLIC ORDER taking arms or being in open hostility against the
Government, shall incite others to the execution
ARTICLE 134. Rebellion/Insurrection. – it is
of any of the acts constituting rebellion by
committed by rising publicly and taking arms
means of speeches, proclamations, writings,
against the Government for the purpose of
emblems, banners or other representations
removing from the allegiance to said
tending to the same end.
Government or its laws, the territory of the
Philippine Islands or any part thereof, or any INCITING TO PROPOSAL TO
body of land, naval, or other armed forces, REBELLION COMMIT
depriving the Chief Executive or the legislature, REBELLION
wholly or partially, of any of their powers or 1. The law does
prerogatives. The offenders can be civilians or not require ● There is a
even those in the government. that the proposal when
person is a person who
ARTICLE 134-A. Coup d’etat. – it is a swift
serious or is decided to
attack accompanied by violence , intimidation,
determined to commit the
threat, strategy or stealth, directed against duly
commit the felony proposes
constituted authorities of the Republic of the
felony. the execution to
Philippines, or any military camp or installation ,
some other
communication network, public utilities or other
persons.
facilities needed for the exercise and continued
possession of power, singly or simultaneously 2. The offender
carried out anywhere in the Philippines by any announces it ● The proposer
person or persons, belonging to the military or by means of approaches
police or holding any public office or media another person
employment with or without civilian support or writings, secretly,
participation for the purpose of seizing or emblems, individually.
diminishing state power. It may be committed proclamation
even by one or few persons. (RA 6968) s etc.
Absorption Doctrine – it states that if the ARTICLE 139. Sedition. – it is committed by
rebels, during rebellion commit common crimes persons who rise publicly and tumultuously in
like killing soldiers, murder, destroy property, order to attain by force, intimidation, or by other
burn buildings, the common crimes are means outside of legal methods, any of the
absorbed. The casualties are to be treated as following objects:
necessary to commit rebellion.However, if the
common crimes are committed for personal a. To prevent the promulgation or
reasons, which have nothing to do with execution of any law or the holding of
overthrowing the government, then they should any popular election
be separately prosecuted. b. To prevent the National Government, or
any provincial or municipal government
ARTICLE 137. Disloyalty of Public Officers or or any public officer thereof from freely
Employees. – it is committed by public officers exercising its or his functions, or prevent
or employees who have failed to resist a the execution of any administrative order
rebellion by all means in their power or shall c. To inflict any act of hate or revenge
continue to discharge the duties of their offices upon the person or property of any
under the control of the rebels or shall accept public officer or employee.
appointment to offices under them. d. To commit, for any political or social
end, any act of hate or revenge against
ARTICLE 138. Inciting to Rebellion/Insurrection.
private persons or any social class; and
– it is committed by any person who, without
 109

e. To despoil, for any political or social

end, any person, municipality or ● Under the first type, it is not necessary that
province, or the National Government. all of them should be armed because that
is implied in the last sentence.
Note: Common crimes are not
absorbed in Sedition. Like rebellion, ● The second type is like the crime of inciting
there is a public uprising because to sedition. However, in inciting to sedition,
sedition is also committed by persons the person liable is the one delivering the
who rise publicly, but it cannot be speech, while in the illegal assembly, the
committed by only one person. persons liable are the organizers, leaders
organizing the meeting and the persons
● Proposal to Commit Sedition is NOT attending the meeting.
PUNISHABLE.
ARTICLE 147. Illegal Associations. – when does
● Conspiracy to Commit Sedition is an association become illegal?

PUNISHABLE. a. Associations which are totally or partially

organized for the purpose of committing
ARTICLE 142. Inciting to Sedition. – it is
any of the crimes under the Revised
committed by any person who, without taking a
Penal Code.
direct part in the crime of sedition, should incite
b. Associations totally or partially
others to the accomplishment of any of the acts
organized for some purpose contrary to
which constitute sedition:
public morals.
a. By means of speeches, proclamations,
ARTICLE 148. Direct Assaults. – is committed
writings, emblems, cartoons, banners or
by any person or persons who shall employ
other representations tending to the
force or intimidation for the attainment of any of
same end.
the purpose enumerated in defining the crimes
b. The offenders shall utter seditious words
of rebellion or sedition or shall attack employ
or speeches
force, or seriously intimidate or resist any person
c. They write, publish, or circulate
in authority or any of his agents, while engaged
scurrilous libel against the government
in the performance of official duties, or on
of the Philippines or any of the duly
occasion of such performance.
constituted authorities.
1st Form – it is committed by any person or
ILLEGAL ASSEMBLIES AND ASSOCIATIONS
persons who shall employ force or intimidation
ARTICLE 146. Illegal Assemblies. – a meeting for the attainment of any of the purposes
becomes illegal when: enumerated in defining the crimes of rebellion or
sedition.
a. It is attended by armed persons for the
purpose of committing any of the crimes 2nd Form ELEMENTS:
punishable under the Revised Penal
1. The offended party must be a person in
Code.
authority or an agent of a person in
b. It is a meeting in which the audience is
authority,
invited to the commission of the crime of
2. The offender will attack the victim,
rebellion, sedition, treason, insurrection
employ force or seriously intimidates or
or assault upon a person in authority or
seriously resists the victim,
his agent.
3. When the offended party was attacked,
he was attacked while he was in the
 110

performance of his duty or on occasion

of such performance, and ● The victim is ● The law
4. The offender must know that the victim assaulted when requires that he
is a person in authority. he is in the is in the
performance of performance of
Circumstances which Convert Direct Assault
his duty or even his duty.
from Simple to Qualified
on occasion of
such
● When the assault is committed with a performance.
weapon
● Disobedience to ● This penalizes
● When the offender is a public officer or
a person in the crime of
employee
authority is not disobedience.
● When the offender lays hands on a person punishable. When the
peace officer
in authority.
implements a
ARTICLE 149. Indirect Assault. – is committed valid order and
by any person who shall make use of force or you do not
intimidation upon any person coming to the aid obey, you are
of the authorities or their agents on occasion of punishable
the commission of any crimes defined in Article under this
148 (Direct Assault). Article.

ARTICLE 151. Resistance and Disobedience to ARTICLE 155. Alarms and Scandals. – it is
a Person in Authority or the Agents of such a committed by any person:
person. – it is committed by any person, who not
1. Who, within any town or public place,
being included in the provisions of the preceding
shall discharge any firearm, rocket,
articles, shall resist or seriously disobey any
firecracker, or other explosives
person in authority, or the agents of such
calculated to cause alarm or danger
person, while engaged in the performance of
2. Who shall instigate or take an active part
official duties.
in any charivari or other disorderly
DIRECT ASSAULT RESISTANCE meeting offensive to another or
prejudicial to public tranquility
● Different ways ● Committed by 3. Who, while wandering about at night or
of committing resisting or while engaged in any other nocturnal
by: disobeying. amusements, shall disturb the public
a. Attacking place.
b. Employing 4. Who, while intoxicated or otherwise,
force shall cause any disturbance or scandal
c. Seriously in a public place, provided that the
intimidating circumstances of the case shall not
the victim make the provisions of Article 153
applicable.
● When the ● When the Charivari – a mock serenade wherein the
resistance is resistance is supposed serenaders use broken cans, broken
serious not serious pots, or bottles or other utensils, thereby
creating a medley of discordant.
 111

Grave Scandal – if offensive to decency and not guilty of grave scandal, but guilty of
good customs. Concubinage.

ARTICLE 156. Delivering Prisoners from Jail. – ARTICLE 201. Immoral doctrines, obscene
it is committed by any person who shall remove publications and exhibitions and indecent
from any jail or penal establishment any person shows. – it is committed by:
confined therein or shall help the escape of such
1. Those who shall publicly expound or
person by means of violence, intimidation, or
proclaim doctrines openly contrary to public
bribery.
morals
ARTICLE 157. Evasion of Service of Sentence. 2. (a) The authors of obscene literature,
– it is committed by any convict who shall evade published with their knowledge in any form;
service of his sentence by escaping during the the editors publishing such literature; and
term of his imprisonment by reason of final the owners/operators of the establishments
judgment. selling the same; (b) Those who, in theaters,
fairs, cinemagraphs, or any other place,
However, if such evasion or escape shall
exhibit indecent or immoral plays, scenes,
have taken place by means of unlawful entry, by
acts or shows, it being understood that the
breaking doors, windows, gates, walls, roofs, or
obscene literature or indecent or immoral
floors, or by using picklocks or false keys,
plays, scenes acts or shows, whether live or
deceit, violence or intimidation or through
in film, which are prescribed by virtue
connivance with other convicts or employees of
hereof, shall include those which: 1. glorify
the penal institution, the penalty shall be prision
criminals or condone crimes; 2. serve no
correccional in its maximum period.
other purpose but to satisfy the market for
RA 10592 signed into law on May 29, 2013, violence, lust or pornography; 3. offend any
provides: A deduction of two-fifths of the period race or religion; 4. tend to abet traffic in and
of his sentence shall be granted in case said use of prohibited drugs; and 5. are contrary
prisoner chose to stay in the place of his to law, public order, morals, good customs,
confinement notwithstanding the existence of a established policies, lawful orders, decrees
calamity or catastrophe enumerated in Article and edicts.
158 of this Code. 3. Those who shall sell, give away, or exhibit
films, prints, engravings, sculptures, or
CRIMES AGAINST PUBLIC MORALS literature which are offensive to morals.
ARTICLE 200. Grave Scandal. – it is committed ARTICLE 202. Vagrants and Prostitutes. – the
by any person who shall offend against decency following persons are vagrants:
or good customs by any highly scandalous
conduct not expressly falling within any article of 1. Any person having no apparent means
this Code and must be done publicly. of subsistence, who has the physical
ability to work and who neglects to apply
himself or herself to some lawful calling
● The highly scandalous conduct must be
2. Any person found loitering about the
performed PUBLICLY by the offender. public or semi-public buildings or places
Because, even if your conduct is highly or trampling or wandering about the
scandalous, if you perform it privately, country or the streets without visible
there is no crime. means of support.
3. Any idle or dissolute person who edges
● If a married man has sexual intercourse
in houses of ill fame; ruffians or pimps
with a woman not his wife under highly and those who habitually associate with
scandalous circumstances, the husband is prostitutes
 112

4. Any person who, not being included in ARTICLE 203. Who are Public Officers? – Any
the provisions of other articles of this person who, by direct provision of the law,
Code, shall be found loitering in any popular election or appointment by competent
inhabited or uninhabited place belonging authority, shall take part in the performance of
to another without any lawful or public functions in the Government of the
justifiable purpose. Philippines, or shall perform in said Government
5. Prostitutes or in any of its branch’s public duties as an
employee, agent or subordinate, official of any
Prostitutes – they are women who, for money
rank or class.
or profit, habitually indulge in sexual intercourse
or lascivious conduct. Malfeasance – simply means you do something
which you are not required to do.
RA 10158 March 27, 2012. AN ACT
DECRIMINALIZING VAGRANCY, AMENDING Misfeasance – is the doing of the act
FOR THIS PURPOSE ARTICLE 202 OF ACT improperly. It is the improper performance of an
NO. 3815, AS AMENDED, OTHERWISE act which could be properly done.
KNOWN AS THE REVISED PENAL CODE
Nonfeasance – is more on omission, the failure
Section 1. Article 202 of the Revised Penal to do an act which the law commands you to do.
Code is hereby, amended to read as follows:
ARTICLE 210. Direct Bribery. – it is committed
"Article 202. Prostitutes; Penalty. – For the by any public officer who shall:
purposes of this article, women who, for money
1. Agree to perform an act constituting a
or profit, habitually indulge in sexual intercourse
crime in connection with the
or lascivious conduct, are deemed to be
performance of his official duties in
prostitutes.
consideration of any offer, promise, gift,
"Any person found guilty of any of the offenses or present received by such officer,
covered by this article shall be punished by personally or through the mediation of
arresto menor or a fine not exceeding 200 another.
pesos, and in case of recidivism, by arresto 2. If the gift was accepted by the officer in
mayor in its medium period to prision consideration of the execution of an act
correccional in its minimum period or a fine which does not constitute a crime, and
ranging from 200 to 2,000 pesos, or both, in the the officer executed said act.
discretion of the court." 3. Agree to refrain from doing what is
supposed to be done.
TWO ELEMENTS OF PROSTITUTES:
Prevaricacion – is committed by any
1. Woman charges for her services.
public officer of the law who, in
2. Habituality.
dereliction of the duties of his office:
Note: A woman can be legally declared
as a prostitute and yet she is still a ● Shall maliciously refrain from instituting
virgin because the law says, “habitually
prosecution for the punishment of violators
indulge in sexual intercourse or
of the law.
lascivious conduct”. So, having sexual
intercourse is not necessary to commit ● Shall tolerate the commission of offenses.
the crime of prostitution. Lascivious
conduct is sufficient. Note: it is called PREVARICACION
because the essence of the crime is you violate
CRIMES COMMITTED BY PUBLIC OFFICERS
your oath of office.
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ARTICLE 211-A. Qualified Bribery. – it is RA 7080 AN ACT DEFINING AND

committed by any public officer who is entrusted PENALIZING THE CRIME OF PLUNDER
with law enforcement, and he refrains from
arresting or prosecuting an offender who has ▪ Any public officer who, by himself or in
committed a crime punishable by reclusion connivance with members of his family,
perpetua and/or death in consideration of any relatives by affinity or consanguinity,
offer, promise, gift or present, he shall suffer the business associates, subordinates or
penalty for the offense which was not other persons, amasses, accumulates or
prosecuted. If it is the public officer who asks or acquires ill-gotten wealth through a
demands such a gift or present, he shall suffer combination or series of overt or criminal
the penalty of death. acts as described in Section 1(d) hereof,
ARTICLE 211. Indirect Bribery. – it is committed in the aggregate amount or total value of
by any public officer who shall accept gifts at least fifty million pesos
offered to him by reason of his office. (P50,000,000.00)

ELEMENTS: Note: The threshold amount is originally

P75 Million under RA 7080. This was
1. Officer receives gifts from his office. amended by RA 7659 (1993), which is
2. No agreement between the giver and an act imposing the death penalty on
the receiver; and certain heinous crimes including
3. Even if there is an agreement, provided plunder, decreasing the threshold
it is more on performing an official amount to P50 Million.
conduct.
ARTICLE 220. Illegal use of Public Funds or
Note: There must be a clear intention Property. – it is committed by any public officer
on the part of the public officer to take who shall apply any public fund or property
the gift so offered and consider the under his administration to any public use other
same as his own property from then on. than for which such fund or property were
appropriated by law or ordinance. This is also
ARTICLE 212. Corruption of Public Officials. – it
known as “Technical Malversation”
shall be committed by any person who shall
have made the offers or promises or given the ILLEGAL USE OF MALVERSATION
gifts or presents as described in the preceding FUNDS
articles. 1. The offender
does not ● The offender in
ARTICLE 217. Malversation of Public Funds or
derive any certain cases
Property.
personal gain profits from the
ELEMENTS: or profit. proceeds of the
crime.
1. That the offender is a public officer.
2. That he had the custody or control of 2. The public
funds or property by reason of the duty fund or ● Public funds or
of his office property is property is
3. That those funds or property were public applied to applied to the
funds or property for which he was another personal use
accountable public use. and benefit of
4. That he appropriated, took, the offender or
misappropriated, or consented, or another person.
through abandonment, negligence,
permitted another person to take them.
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Note: the offenders in both crimes are ARTICLE 226. Removal, Concealment or
accountable public officer Destruction of Documents. – it is committed by
any public officer who shall remove, destroy or
INFIDELITY OF PUBLIC OFFICERS
conceal documents or papers officially entrusted
(INFIDELITY IN THE CUSTODY OF THE to him.
PRISONERS)
- Only the public officers who have been
ARTICLE 223. Conniving with or Consenting to officially entrusted with the documents
Evasion. – it is committed by any public officer or papers can be held liable under this
who shall consent to the escape of a prisoner in Article.
his custody or charge. - The removal is consummated upon its
removal or secreting away from its usual
Connivance – means that the public officer is in
place in the office, and after the offender
agreement with the prisoner as to the latter’s
has gone out and locked the door.
escape. This agreement is an indispensable
element of the crime. - The removal must be for an illicit
purpose proceeding from a criminal
Note: This Article applies not only to intent.
those fugitives who have been sentenced by - Destruction differs from removal in that
final judgment but also those who have been there is no required proof of illicit
preventively detained. But they have different purpose.
penalties.
CRIMES AGAINST PERSONS
DELIVERY OF Conniving with or
PRISONERS FROM Consenting to ARTICLE 246. Parricide. – it is committed by
JAIL Evasion any person who shall kill his father, mother, or
- Offender only child, whether legitimate or illegitimate, or any of
● The offender consents to his ascendants, or descendants, or his spouse,
helps prisoners the escape of provided that the other descendant or
escape. prisoner ascendant, or the spouse is legitimate.

- It can be ● The victim must be related to the

● It may be committed
committed by only by a offender by blood and in the direct line,
any person public officer. except the legitimate spouse.

ARTICLE 224. Evasion through Negligence. – ● Knowledge of the fact that the deceased
The evasion of the prisoner shall have taken is the father of the accused is not
place through the negligence of the officer important for parricide to apply.
charged with the conveyance or custody of the
escaping prisoner. However, not all negligence ARTICLE 247. Death or Physical Injuries
of the guards is punishable but only those that Inflicted under Exceptional Circumstances.
are considered positive carelessness. This 1. Any legally married person who, having
applies also to both detained prisoners and surprised his spouse in the act of
convicted prisoners. They have the same committing sexual intercourse with
penalty. another person, shall kill any of them or
(INFIDELITY IN THE CUSTODY OF both in the act or immediately thereafter,
DOCUMENT) or shall inflict upon them any serious
physical injury, shall suffer Destierro.
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If he shall inflict upon them volcano, destructive cyclone, epidemic

physical injuries of any other kind, he or other public calamity.
shall be exempt from punishment. 5. With evident premeditation.
2. The same rules shall be applicable, 6. With cruelty, by deliberately or
under the same circumstances, to inhumanly augmenting the suffering of
parents with respect to their daughter the victim or outraging or scoffing at his
under eighteen years of age, and their person or corpse.
seducer, while the daughters are living
● This must be alleged in the affidavit-
with their parents.
Any person who shall promote complaint or information.
or facilitate the prostitution of his wife or ● The circumstances mentioned in this Article
daughter or shall otherwise have are not aggravating but they are qualifying.
consented to the infidelity of the other They become part of the elements of the
spouse shall not be entitled to the crime.
benefits of this Article.
ARTICLE 249. Homicide. – it is the killing of a
“IMMEDIATELY THEREAFTER”- means that person which is not classified as infanticide,
the offended spouse killed or seriously injures parricide or murder.
them immediately after the sexual intercourse.
The phrase describes the killing, not the ELEMENTS:
discovery or the surprising.
1. That a person was killed
Destierro is not really intended to 2. That the accused killed him without any
penalize the accused, but to protect him justifying circumstances.
because the relatives of the wife and the 3. That the accused had the intention to kill
paramour might retaliate. which is presumed
4. That the killing was not attended by any
ARTICLE 246. Murder. – it is the unlawful killing of the qualifying circumstances of
of another which is not classified as infanticide murder, parricide, or infanticide.
or parricide, but the killing is attended by any of
the circumstances mentioned hereunder: ARTICLE 251. Death caused in a Tumultuous
Affray. – if the death is caused in tumultuous
1. With treachery, taking advantage of affray:
superior strength, with the aid of armed
men, or employing means to weaken 1st the one who killed, if can be identified, is the
the defense or of the means or persons one who will be criminally liable
to ensure or afford impunity.
2nd if it cannot be ascertained who actually killed
2. In consideration of a price, reward or
the deceased, the person or persons who
promise.
inflicted serious physical injuries shall be liable
3. By means of inundation, fire, poison,
explosion, shipwreck, stranding of a 3rd if it cannot be identified who inflicted the
vessel, derailment or assault upon a serious physical injuries, the person or persons
streetcar or locomotive, fall of an airship, who shall have used violence upon the person
by means of motor vehicles, or with the of the victim shall be criminally liable.
use of any other means involving great
waste and ruin. Tumultuous Affray – a fight or quarrel engaged
4. On occasion of any of the calamities by, at least four people who do not compose
enumerated in the preceding paragraph, groups organized for the purpose of assaulting
or of an earthquake, eruption of a and attacking each other reciprocally.
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ARTICLE 252. Physical Injuries inflicted in a Infanticide, it could be parricide if the killer is the
Tumultuous Affray. – If physical injuries are parent, or murder, if the killer is a stranger.
inflicted in a tumultuous affray:
ARTICLE 256. Intentional Abortion. – it is
st
1 the one who inflicted serious physical injury, if committed by any person who shall intentionally
can be identified, is the one who will be cause an abortion.
criminally liable
- ABORTION - The child is NOT capable
2nd if it cannot be identified who inflicted physical of sustaining an independent life outside
injuries, all those persons who shall have used the maternal womb.
violence upon the person of the offended party - INFANTICIDE - The child is already
shall be criminally liable capable of sustaining an independent
3rd if the physical injuries inflicted are only less life outside the maternal womb. In fact, it
serious and the person responsible cannot be is already outside the womb.
identified, all those persons who have used any ARTICLE 257. Unintentional Abortion. – it is
violence upon the person of the victim shall be committed by any person who shall cause an
criminally liable. abortion by violence, but unintentionally.
ARTICLE 253. Giving Assistance to Suicide. – ARTICLE 258. Abortion Practiced by the woman
the following persons are liable: Herself or by her Parents. – it is committed by
1. Those who shall assist another to any woman who shall practice abortion upon
commit suicide herself or shall consent that any other person
2. Those who lend their assistance to should do so.
another to the extent of doing the killing ARTICLE 259. Abortion practiced by a
themselves Physician or Midwife and dispensing of abortion.
● A person who attempts to commit suicide is – it is committed by any physician or midwife
NOT criminally liable because society has who, taking advantage of their scientific
always considered a person who attempts knowledge or skill, shall cause an abortion or
to kill himself as an unfortunate being, a assist in causing the same. Any pharmacist
wretched person more deserving of pity who, without the proper prescription from a
rather than penalty. physician, shall dispense any abortive.

ARTICLE 254. Discharge of Firearms. – this is ARTICLE 262. Mutilation – it is committed by

committed by a person who shall shoot at any person who shall intentionally mutilate
another with any firearm, without intent to kill. If another by depriving him either totally or partially
the discharge of the firearm at the offended of some essential organs of reproduction.
party is coupled with intent to kill him, the felony ELEMENTS:
should be classified as Frustrated or Attempted
Homicide or Murder, and not merely illegal 1. There be a castration, that is, mutilation
discharge of firearm. of organs necessary for generation,
such as the penis or ovarium
ARTICLE 255. Infanticide. – it is committed by 2. The mutilation is caused purposely and
any person who shall kill any child less than deliberately, that is, to deprive the
three days old. Infanticide is when you kill a offended party of some essential organ
child less than 3 days old, regardless of the for reproduction.
identity of the killer---whether the killer is the
parent or a stranger—the crime is Infanticide. If ARTICLE 263. Serious Physical Injuries – This
the child is three (3) days old, then it is NOT is committed by any person who shall wound,
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beat, or assault another, and shall suffer any of Note: If there is incapacity, there is NO need for
the following: medical attendance. But if there is medical
attendance, there is NO need for incapacity.
1. If in the consequence of the physical
injuries inflicted, the injured person shall ARTICLE 266. Slight physical injuries and
become insane, imbecile, impotent or maltreatment. – it is committed by any person
blind (total blindness) who:
2. If in the consequence of the physical
1. Shall have inflicted physical injuries
injuries inflicted, the person injured shall
which shall incapacitate the offended
have lost the use of the speech or the
party for labor from 1 to 9 days, or shall
power to hear or to smell, or shall have
require medical attendance during the
lost an eye, a hand, a foot, an arm, or a
same period
leg or shall have lost the use of any
2. Shall have caused physical injuries
such member (permanent incapacity),
which do not prevent the offended party
or shall have become incapacitated for
from engaging in his habitual work nor
the work in which he was there for
require medical attendance
habitually engaged
3. Shall have ill-treated another by deed
3. If the person injured shall have become
without causing any injury.
deformed, or shall have lost any part of
his body, or shall have lost the use PHYSICAL INJURIES DISTINCTIONS:
thereof, or shall have been ill or
incapacitated for the performance of the 1. Serious Physical Injuries occur when
work in which he was habitually the victim loses any body part, becomes
engaged for a period of more than 90 insane, impotent or blind up until the
days victim is incapacitated for more than
4. If the physical injuries inflicted shall thirty days.
have caused the illness or incapacity for 2. Less Serious Physical Injuries occur
labor of the injured person for more than when the victim is incapacitated for ten
30 days days or more but less than thirty days.
3. Slight Physical Injuries occur when the
Note: There must be NO INTENT to kill. physical injuries do not require medical
Otherwise, if there is intent to kill, it becomes assistance (if medical assistance is
Frustrated or Attempted Homicide or Murder. required, the range is 1-9 days) or do
not prevent the victim from working.
ARTICLE 264. Administering Injurious
Substance or Beverages. – it is committed by RAPE (RA 8353 as amended by RA11648)
any person who, without intent to kill, shall inflict Rape is committed:
upon another any serious, physical injury, by
knowingly administering to him any injurious 1. By a man who shall have carnal
substance or beverages or by taking advantage knowledge of a woman under any of the
of his weakness of mind or credulity. following circumstances:
a. Through force, threat, or intimidation
ARTICLE 265. Less serious physical injuries. – b. When the offended party is deprived
it is committed by any person who shall inflict of reason or otherwise, unconscious
upon another physical injuries which shall c. By means of fraudulent machination
incapacitate the offended party for labor for ten or grave abuse of authority; and
(10) days or more or shall require the actual d. When the offended party is under
medical attendance for the same period. sixteen (16) years of age or is
demented, even though none of the
circumstances mentioned above be
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present: Provided, That there shall crime. It does not follow that because it is called
be no criminal liability on the part of “slight illegal detention”, it is a light felony. The
a person having carnal knowledge penalty is Reclusion Temporal.
of another person sixteen (16) years
ARTICLE 269. Unlawful arrest. – It is committed
of age when the age difference
by any person (private or public officer) who
between the parties is not more than
arrests another without legal or reasonable
three (3) years, and the sexual act
grounds for the purpose of delivering the
in question is proven to be
offended party to proper authorities. The mere
consensual, non-abusive, and non-
fact that you did not commit a crime in his
exploitative: Provided, further, That
presence makes the arrest unlawful.
if the victim is under thirteen (13)
years of age, this exception shall ARBITRARY UNLAWFUL
not apply. DETENTION ARREST
2. By any person who, under any of the
circumstances mentioned in paragraph ● A public officer ● A person arrests
1 hereof, shall commit an act of sexual detains or detains
assault by inserting his penis into somebody another in a case
another person’s mouth or anal orifice, without legal other than those
or any instrument or object, into the grounds authorized by
genital or anal orifice of another person. law.

CRIME AGAINST PERSONAL LIBERTY

● The offender is a ● The offender is a
ARTICLE 267. Kidnapping and Serious Illegal public officer private individual
Detention. – It is committed by any private whose normal or even a public
individual who shall kidnap or detain another, or day is law officer, but he is
any other manner deprive him of his liberty. This enforcement. not a peace
detention is illegal if it is committed by any of officer and
these: arrested another
legally.
a. If the kidnapping or detention shall have
lasted more than 3 days ARTICLE 270. Kidnapping and failure to return
b. If it shall have been committed a minor. – it is committed by any person who,
simulating public authority being entrusted with the custody of a minor
c. If any serious physical injuries shall person, shall deliberately fail or restore the latter
have been inflicted upon the person to his parents or guardians.
kidnapped or detained, or if threats to
kill him shall have been made ELEMENTS:
d. If the person kidnapped or detained 1. The offender has been entrusted with
shall be a minor, except when the the custody of the minor; and
accused is any of the parents, female or 2. The offender deliberately fails to restore
a public officer. said minor to his parents or guardians.
ARTICLE 268. Slight illegal detention. – it is ARTICLE 272. Slavery. – anyone who shall
committed by any private individual who shall purchase, sell, kidnap, or detain a human being
commit the crimes described in Article 267 for the purpose of enslaving him. If the crime is
without the attendance of any of the committed for the purpose of assigning the
circumstances enumerated therein. The same offended party to some immoral traffic, the
penalty shall be imposed upon the person who penalty shall be imposed in its maximum period.
shall furnish the place for the perpetration of the
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ARTICLE 273. Exploitation of child labor. – another

anyone who, under the pretext of reimbursing
himself of a debt incurred by an ascendant, ● The dwelling is ● The closed
guardian or person entrusted with the custody of inhabited premises or
a minor, shall, against the latter's will, retain him fenced estate is
in his service. not inhabited
ARTICLE 280. Trespass to dwelling. – it is
committed by any private person who shall enter ● The prohibition to ● The prohibition to
the dwelling of another against the latter’s will. enter may be enter must be
The offense becomes qualified if it is committed expressed or expressed
by means of violence or intimidation. implied. because the law
says it must be
Dwelling Place – means any building or
manifest.
structure exclusively devoted for rest and
comfort. A person who enters another’s dwelling
● The offender ● He enters the
against the latter’s will shall not be liable for
trespass to dwelling if any of the circumstances enters the closed premises
is present: dwelling of or fenced estate
another latter’s of another
a. To prevent some serious harm to will. without securing
himself, the occupants of the dwelling, the permission of
or third persons. the owner or its
b. To render some service to humanity or caretaker.
justice.
c. If the offender enters a café, tavern, an ARTICLE 282. Grave Threats. – Any person
inn or other public houses while the who shall threaten another with the infliction
same is open. upon the person, honor or property of the latter
ARTICLE 281. Other forms of Trespass. – it is or of his family of any wrong amounting to a
committed by any person who shall enter the crime.
closed premises or the fenced estate of another,
Three Ways of Committing Grave Threats:
while either of them are uninhabited, if the
prohibition to enter be manifest and the 1. By threatening another with the infliction
trespasser has not secured the permission of upon his person, honor or property or
the owner or the caretaker thereof. This article that of his family any wrong amounting
may refer to a building which is uninhabited, like to a crime and demanding money or
bodega or any other building that is not used as imposing any other condition, even
a dwelling. It could also be a fenced estate. though not unlawful, and the offender
attains his purpose.
TRESPASS TO OTHER FORMS OF
2. By making such a threat without the
DWELLING TRESPASS
offender attaining his purpose.
● The offender is ● Offender is any 3. By threatening another with the infliction
any private person upon his person, honor or property or
person that of his family of any wrong
amounting to a crime, the threat is not
● The offender ● Offender enters subject to a condition.

enters the the closed ARTICLE 283. Light Threats. – Any threat to
dwelling of premises or commit a wrong not constituting a crime, made
another fenced estate of
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in the manner expressed in subdivision 1 of the purpose of applying the same to the payment of
next preceding article. the debt.

GRAVE THREATS LIGHT THREATS CRIMES AGAINST PROPERTY

The offender The offender
ARTICLE 293. Robbery. – It is committed by
threatens somebody threatens somebody
any person who, with intent to gain, shall take
with a wrong with a wrong not
any personal property, by means of violence or
constituting a crime. constituting a crime.
intimidation of any person, or using force upon
Note: However, in Light Threats under Article
anything.
283, there is always demand for money or a
condition imposed because the law says “made ELEMENTS:
in the manner expressed in subdivision 1 of the
next preceding Article “. ex: Blackmailing. 1. Unlawful taking of personal property
belonging to another,
ARTICLE 285. Other Light Threats. – it is 2. With intent to gain and
committed by any of the following manners: 3. With violence or intimidation against
persons or force upon things.
1. If the offender threatens another with a
weapon or draws such weapon in a ● There is no such thing as robbery of real
quarrel, unless it is lawful self-defense. property. The proper case is Usurpation with
Real Property.
2. Any offender who, in the heat of anger,
shall orally threaten another with some Two Ways of Committing Robbery
harm constituting a crime, and whose
subsequent acts show that he did not 1. Robbery by means of violence against
persist in the idea involved in his threat, or intimidation of persons; and
provided that the circumstances of the 2. Robbery with use of force upon things.
offense shall not bring it within the PD 532 Anti-Piracy and Anti-Highway
provisions of Article 282 of this Code. Robbery Law of 1974
3. Any person who shall orally threaten to
do another any harm not constituting a ● Highway Robbery/Brigandage. The seizure
felony. of any person for ransom, extortion or other
unlawful purposes, or the taking away of the
property of another by means of violence
ARTICLE 286. Grave Coercion. – It is against or intimidation of person or force
committed by any person who, without authority upon things of other unlawful means,
of the law, shall, by means of violence, prevent committed by any person on any Philippine
another from doing something not prohibited by Highway.
law, or compel him to do something against his
ARTICLE 306. Who are brigands? – When more
will, whether it be right or wrong. If the coercion
than three armed persons form a band of
is committed in violation of the exercise of the
robbers for the purpose of committing robbery in
right of suffrage or for the purpose of compelling
the highway, or kidnapping persons for the
another to perform any religious act or to
purpose of extortion or to obtain ransom or for
prevent him from doing such right or from doing
any other purpose to be attained by means of
such act, the penalty next higher in degree shall
force and violence, they shall be deemed
be imposed.
highway robbers or brigands.
ARTICLE 287. Light Coercion. – It is committed
ARTICLE 308. Theft. – It is committed by any
by any person who, by means of violence, shall
person who, with intent to gain but without
seize anything belonging to his debtor for the
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violence, against, or intimidation of persons nor other than muscular power using the public
force upon things, shall take personal property highways.
of another without the latter’s consent.
PD 533, The Anti-Cattle Rustling Law of 1974.
It is Committed by: Cattle Rustling – is the taking away by any
means, method or scheme, without the consent
1. Any person who, having found lost
of the owner/raiser, of any large cattle whether
property, shall fail to deliver the same to
or not for profit or gain, or whether committed
the local authorities or to its owner.
with or without violence against or intimidation of
2. Any person who, after having
any person or force upon things. It includes the
maliciously damaged the property of
killing of large cattle or taking its meat or hide
another, shall remove or make use of
without the consent of the owner/raiser.
the fruits of the damage caused by him.
3. Any person who shall enter an enclosed ARTICLE 315. Swindling (Estafa) – Any person
estate or a field where trespass is who shall defraud another who committed by
forbidden or which belongs to another any of the following means:
and without the consent of its owner,
1. With unfaithfulness or abuse of
shall hunt or fish upon the same or shall
confidence, namely:
gather fruits, cereals, or other forest or
a. By altering the substance, quantity,
farm products.
or quality of anything of value which
● The penalties for Theft depend upon the the offender shall deliver by virtue of
total amount of the property stolen as an obligation to do so, even though
alleged in the information. such obligation be based on an
immoral or illegal consideration.
ARTICLE 310. Qualified Theft. – If committed b. By misappropriating or converting,
by: to the prejudice of another, money,
a. Domestic Servant goods or any other personal
b. With grave abuse of confidence property received by the offender in
c. If the property stolen is motor vehicle trust, or on commission, or for
d. If the property stolen is a mail matter administration, or under any
e. If the property stolen is large cattle obligation involving the duty to make
f. Consists of coconuts taken from the delivery of.
premises of the plantation c. By taking undue advantage of the
g. Fish taken from a fishpond or fishery signature of the offended party in
blank, and by writing any document
If the property is taken on the occasion of fire, above such signature in blank, to
earthquake, typhoon, volcanic eruption, or any the prejudice of the offended party
other calamity, vehicular accident or civil or any third person.
disturbance. The qualified theft is punished next 2. By means of any of the following false
higher by two (2) degrees than those of the pretenses or fraudulent acts executed
simple theft. prior to or simultaneously with the
commission of the fraud:
RA 10883, The New Anti-Carnapping. Act of
a. By using a fictitious name or falsely
2016 (RA 10883) is a law which punishes
pretending to possess power,
carnapping in the Philippines. – For purposes of
influence, qualifications, property,
knowing what carnapping is, one must be able
credit, agency, business or
to know what a motor vehicle is, in the first
imaginary transactions, or by means
place. As defined under this law, motor vehicle
of other similar deceits.
refers to any vehicle propelled by any power
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b. By altering the quality, fineness, or court record, office files, document

weight of anything pertaining to his or any other papers.
art or business.
ELEMENTS:
c. By pretending to have bribed any
Government employee, without 1. Whether there was abuse of confidence
prejudice to the action for calumny, or deceit on the part of the offender, and
which the offended party may deem 2. Pecuniary damage by the offended party
proper to bring against the offender.
d. By postdating a check or issuing a There are 3 Variations:
check in payment of an obligation
- Misappropriation - Denial
when the offender had no funds in
- Conversion
the bank, or his funds deposited
Batas Pambansa (BP) 22 – it is committed by
were not sufficient to cover the
any of the following means:
amount of the check. The failure of
the drawer of the check to deposit 1. By making or drawing and issuing any
the amount necessary to cover his check to apply on account or for value,
check within three (3) days from knowing at that time of issue that he
receipt of notice from the bank does not have sufficient funds in or
and/or the payee or holder that said credit with the drawee bank for the
check has been dishonored for lack payment of such check in full upon its
of insufficiency of funds shall be presentment, which check is
prima facie evidence of deceit. subsequently dishonored by the drawee
e. By obtaining any food, refreshment bank; and
or accommodation at a hotel, inn, 2. Failing to keep sufficient funds or to
restaurant, boarding house, lodging maintain a credit to cover the full amount
house or apartment house and the of the check if presented, despite the
like without paying therefor, with fact that the drawer has sufficient funds
intent to defraud the proprietor or or credit with the drawee bank when he
manager thereof. makes or draws the check.
f. By obtaining credit at a hotel, inn,
● BP 22 applies whether it is for payment
restaurant, boarding house, lodging
house or apartment house by the of pre-existing obligation or
use of any false pretense, or by simultaneously with the exchange for
abandoning or surreptitiously money or goods.
removing any part of his garage ARTICLE 320. Destructive Arson. – Any person
from a hotel, inn etc., after obtaining who shall burn:
credit, food, refreshment, or
accommodation, without paying the 1. Any arsenal, shipyard, storehouse or
same. military powder or fireworks factory,
3. Through any of the following fraudulent ordinance, storehouse, archives or
means: general museum of the Government.
a. By inducing another, by means of 2. Any passenger train or motor vehicle in
deceit, to sign any document. motion or vessel out of port.
b. By resorting to some fraudulent 3. In an inhabited place, any storehouse or
practice to ensure success in a factory of inflammable or explosive
gambling game. materials.
c. By removing, concealing or
Arson (PD 1613) – is committed by any person
destroying, in whole or in part, any
who burns or sets fire to the property of another.
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It is also committed by any person who sets fire

● This even applies to the relationship of
to his own property under circumstances which
exposes to danger the life or property of adopted parent and adopted child,
another. stepparent and stepchild.
● The effect of the relationship between
● To consummate the crime of arson, for the offender and the offended party is
as long as a portion of the building is only MITIGATING if the crime
burnt, no matter how small is that committed is not one of those
portion, that is considered as mentioned under Article 332.
CONSUMMATED ARSON.
● If the relative is acting in conspiracy with
ARTICLE 327. Malicious Mischief. – It is other persons, that third person is not
committed by any person who shall deliberately entitled to the benefit under Article 332.
cause the property of another any damage by The same is Purely Personal.
any means other than fire.
CRIMES AGAINST CHASTITY
● In Malicious Mischief, there must be RA 7877: Anti-Sexual Harassment Act of
“Intent “or “Malice”. 1995
● If there is a destruction of property
● In work, education or training-related
without the intent or malice, the crime is
Reckless Imprudence Resulting to sexual harassment is committed by an
Damage to Property. employer, employee, manager,
supervisor, agent of the employer,
ARTICLE 332. Persons exempt from criminal teacher, instructor, professor, coach,
liability. – No criminal, but only civil liability, shall trainer, or any other person who, having
result from the commission of the crime of theft, authority, influence or moral
swindling or malicious mischief committed or ascendancy over another in a work or
caused mutually by the following persons: training or education environment,
demands, requests or otherwise
1. Spouses, ascendants and descendants,
requires any sexual favor from the other,
or relatives by affinity of the same line.
regardless of whether the demand,
2. The widowed spouse with respect to the
request or requirement for submission is
property which belonged to the
accepted by the object of said Act.
deceased spouse before the same shall
have passed into the possession of ARTICLE 333. Adultery. – It is committed by any
another; and married woman who shall have sexual
3. Brothers and sisters and brothers-in- intercourse with a man not her husband and by
law, if living together. the man who has carnal knowledge of her,
knowingly her to be married, even if the
Note: The exemption established shall not be
marriage be subsequently declared void. Every
applicable to strangers participating in the
sexual intercourse constitutes one crime of
commission of the crime.
adultery because the essence of the crime is not
the relationship.
● The reason for the law is that there is
presumed ownership between the ARTICLE 334. Concubinage. – It is committed
parties. by a married man, in any of the following means:

a. By keeping a mistress in the conjugal

dwelling,
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b. Having sexual intercourse under 1. That the offended party is a virgin, which
scandalous circumstances, with a is presumed if she is unmarried and of
woman who is not his wife, or good reputation.
c. Cohabiting with her in any other place. 2. That she must be over 16 and under 18
years of age (As amended by RA
Conjugal Dwelling – means the home of the
11648);
husband and wife.
3. That the offender had sexual intercourse
Cohabit – means to dwell together, in the with her; and
manner of husband and wife, for some period of 4. That there is abuse of authority,
time, as distinguished. confidence or relationship on the part of
the offender (person entrusted with
ARTICLE 335. When and How rape is education or custody of victim; person in
committed. – Rape is committed by having public authority, priest; servant)
carnal knowledge of a woman under any if the
following circumstances: The penalty next higher in
degree shall be imposed upon any person who
1. By using force or intimidation. shall seduce his sister or descendant, whether
2. When the woman is deprived of reason or not she be a virgin or over eighteen years of
or otherwise unconscious; and age.
3. When the woman is under twelve years
of age, even though neither of the - Virginity is not to be taken literally in its
circumstances mentioned in the two physical or biological sense. When a girl
next preceding paragraphs shall be is single and of good reputation, the law
present. automatically presumes that she is a
virgin.
ARTICLE 336. Acts of Lasciviousness. – It is - If the victim is below 16 years of age,
committed by any person who shall commit any then it is rape.
act of lasciviousness upon other persons of - If the accused has succeeded in having
either sex. One thing you will notice is that the sexual intercourse with the girl, either
crime can be committed by a man and a through abuse of confidence, abuse of
woman. A woman can commit acts of authority, or abuse of relationship – then
lasciviousness against a man. This time, the there is Qualified Seduction.
gender of the offender is immaterial. - If the accused had sexual intercourse
with the girl through deceit e.g. promises
of marriage just to get the woman– then
there is Simple Seduction.
ARTICLE 338. Simple Seduction. – It is a
seduction of a woman who is single or a widow
of a good reputation, over sixteen but under
eighteen years of age. (As amended by RA
11648).
ARTICLE 337. Qualified Seduction. – Any Note: The manner of committing the Simple
person who shall commit any act of Seduction is the same with the Qualified
lasciviousness upon other persons of either sex, Seduction.
under any circumstances mentioned in the
preceding article. ARTICLE 339. Acts of lasciviousness with the
consent of the offended party. – This is a
ELEMENTS: seduction minus the sexual intercourse.

ELEMENTS:
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1. That the offender commits acts of CRIMES AGAINST THE CIVIL STATUS OF
lasciviousness or lewdness PERSONS
2. That the acts are committed upon a
ARTICLE 349. Bigamy. – It is committed by any
woman who is a virgin or single or a
person who shall contract a second or
widow of good reputation, under 18
subsequent marriage before the former has
years of age but over 12 years, or a
been legally dissolved, or before the absent
sister or descendant regardless of her
spouse has been declared presumptively dead
reputation or age.
by means of judgment rendered in the proper
3. That the offender accomplishes the acts
proceedings.
by abuse of authority, confidence,
relationship, or deceit. - Even if your first marriage is void, you
cannot get married again. You must get
ARTICLE 340. Corruption of Minors. – It is
a declaration of nullity. You cannot just
committed by any person who shall promote or
assume. You have no right to marry
facilitate the prostitution or corruption of persons
until you can get the judgment. This
underage to satisfy the lust of another. If the
crime is not a private crime. Hence, this
culprit is a public officer or employee, including
crime of bigamy can be prosecuted
those in government-owned or controlled
without the complaint filed by the first
corporations, he shall also suffer the penalty of
wife.
temporary absolute disqualification aside from
CRIMES AGAINST HONOR
the penalty of prision mayor. (As amended by
Batas Pambansa Blg. 92). ARTICLE 353. Libel. – It is a public and
malicious imputation of a crime, or of a vice or
ARTICLE 341. White Slave. – Committed by
defect, real or imaginary, or any act, omission,
any person who, in any manner, or under any
condition, status, or circumstance tending to
pretext, shall engage in the business or shall
cause dishonor, discredit, or contempt of a
profit by prostitution or shall enlist the services of
natural or juridical persons, or to blacken the
any other for the purpose of prostitution (As
memory of one who is dead.
amended by Batas Pambansa Blg. 186.)
ELEMENTS:
ARTICLE 342. Forcible Abduction. – It is the
abduction of any woman against her will and 1. There must be a defamatory imputation
with lewd designs. – This means that the matter claimed to
be libelous must impute a crime, vice,
- The age of the woman is immaterial.
defect, or any act, or omission,
- The difference between Kidnapping and
condition, status or circumstance,
Forcible Abduction depends upon the
tending to cause the dishonor, discredit
intention. If the intention is lewdness,
or contempt to a natural or juridical
then it is Forcible Abduction. If the
person, or to blacken the memory of one
intention is something else, then it is
who is dead.
Kidnapping.
2. Publicity of the Libelous Matter – This
ARTICLE 343. Consented Abduction. – It is the
means the accused caused the libelous
abduction of a virgin over twelve and under
material to be known or read or seen or
eighteen years of age carried with her consent
heard by a third person, other than the
and with lewd designs. This law is intended to
person to whom it has been written i.e.
protect the family of the girl because of the
the victim. Somebody must have read,
alarm that it will cause because of the
seen or heard the libelous material due
disappearance of the girl and the dishonor and
to the acts of the accused.
disgrace suffered by the family.
3. The Person libeled must be identified
(Identity of Victim) – This means the
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complainant or plaintiff must prove he is ARTICLE 358. Slander (Oral Defamation). –

the person subject of the libelous Two types of slander:
matter, that it is his reputation which
1. Grave Slander – Defamation is serious
was targeted.
and insulting.
4. That there be malice on the part of the
2. Simple Slander – defamation is not so
accused – Malice is the legal term to
serious and insulting.
denote that the accused is motivated by
personal ill-will, spite, hatred, jealousy, ARTICLE 359. Slander by Deed – It is a branch
anger, and speaks not in response to of slander where you insult somebody not
duty but to do ulterior and unjustifiable through words or writing, but by deeds, through
harm. The purpose is really to destroy, your action. The perfect example of this is when
to injure, to inflict harm. you slap the face of somebody in public. The
obvious intention is to dishonor or defame the
Cyber Libel (RA 10175): ELEMENTS:
person. If you slap somebody privately and the
a. There must be an imputation of a crime, intention is to hurt him, then you are liable for
or of a vice or defect, real or imaginary, Physical Injury and not for Slander.
or any act, omission, condition, status,
ELEMENTS:
or circumstance.
b. The imputation must be made publicly, 1. The offender performs any act not
which requires that at least one other included in any other crime against
person must have seen the libelous honor.
post, in addition to the author and the 2. Such an act is performed in the
person defamed or alluded to in the presence of other persons.
post. 3. Such acts cast dishonor, discreet, or
c. The imputation must be malicious, contempt upon the offended party.
which means that the author of the
libelous post made such a post with ARTICLE 363. Incriminating Innocent Person. –
knowledge that it was false, or with committed by any person who by any act not
reckless disregard as to the truth or constituting perjury, shall directly incriminate or
falsity thereof. (Yunchengco vs. The impute to an innocent person the commission of
Manila Chronicle Publishing a crime.
Corporation, G.R. No. 184315, 25
ARTICLE 364. Intriguing against Honor. – It is
November 2009.)
committed by any person who shall make any
d. The imputation must be directed at a
intrigue which has for its principal purpose to
natural or juridical person, or one who is
blemish the honor or reputation of another
dead, which requires that the post must
person.
identify the person defamed, or at the
very least, the person defamed is
identifiable by a third person.
e. e. The imputation must tend to cause SPECIAL PENAL LAWS
dishonor, discredit or contempt of the ★ RA 10364, also known as “Expanded
person defamed. (Reyes, Luis B., Anti-Trafficking in Persons Act of
Revised Penal Code, Fifteenth Edition, 2012”
2001, page 932.) ★ RA 9372, also known as, “Human
f. The imputation was done through the Security Act of 2007”
use of a computer system or any other ★ RA 8049, also known as, “Anti-Hazing
similar means which may be devised in Law”
the future. (Sec. 4(c)(4) of R.A. 10175)
 127

★ RA 11313, also known as, “Safe Space sufficient to maintain the proposition
Act” affirmed.
b. Conclusive – evidence which is
CLJ – 5 Criminal Evidence
incontrovertible or cannot be
RULE 128. General Provisions contradicted. It admits no proof to the
contrary.
SEC. 1. Evidence defined. – Evidence is the c. Corroborative – which is additional
means, sanctioned by these rules, of evidence of different kind and character
ascertaining in a judicial proceeding the truth as that already given and tends to prove
respecting a matter of fact. Every evidential the same proposition or point.
question involves the relationship between the d. Cumulative – evidence which is of the
factum probandum and the factum probans. same kind and character as that already
given and tends to prove the same
Factum probandum – the ultimate fact sought
proposition.
to be established. It must be stated in the
C. Weight and acceptability
pleadings. (Merely Hypothetical) Ex: murder was committed
through treachery; robbery was made through force upon things.
a. Primary/Best evidence – evidence
which affords the greatest certainty of
Factum probans – the evidentiary fact which
the fact in question. It most certainly
will prove or disprove the fact in issue. This is
exhibits the fact in question.
not to be found in the pleadings but brought out
b. Secondary/Substitutionary – evidence
during the trial. (Real & Existent) Ex: exit wounds were in
front indicating that victim was shot at the back; destroyed locks indicative of force which is inferior or substitutionary to
upon things primary evidence and admissible only in
the absence of the latter. It is not
CLASSIFICATION OF EVIDENCE necessarily a rule of exclusion but
merely affects the weight of evidence.
A. As to ability to establish fact in dispute: D. Nature
I. Direct evidence – evidence which a. Object evidence – evidence addressed
proves the fact in dispute without the aid to the senses of the court and capable
of any inference or presumption. of being examined or viewed by the
II. Indirect/Circumstantial evidence – court – something that you can see,
proof of fact or facts from which taken touch or hear.
either singly or collectively, the b. Documentary evidence – supplied by
existence of the particular fact in dispute written instruments or derived from
may be inferred as a necessary or conventional symbols or letters by which
probable consequence. ideas are represented on material
It is established by simple deduction substance.
based on a reasonable inference from a series c. Testimonial evidence – evidence
of acts or circumstances. It is admitted if it tends furnished by the testimony of man which
to any reasonable degree to establish the may be verbal or oral evidence.
probability or improbability of the fact in issue. - If the testimony is oral, the technical term
B. Degree of its value in establishing used is Parol Evidence.
disputed facts: - If the testimony is written, it is Documentary
Evidence
a. Prima facie – evidence which suffices I. Positive – when the witness affirms that
for the proof of a particular fact until a fact did or did not occur.
contradicted and overcome by other II. Negative – when a witness states that
evidence. It is evidence which standing he did not see or know of the
alone unexplained or uncontroverted,
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occurrence of a fact and there is total agreement, contract, and the like. It
disclaimer of personal knowledge. cannot be admitted contradicting,
E. Quality explaining, varying or changing the
terms of a contract or of a will, except in
a. Relevant – if it has a relation to the fact
a latent ambiguity, or to rebut a resulting
in issue as to induce belief in its
trust.
existence or non-existence.
b. Material – evidence which tends to ⮚ Substantial – such amount of relevant
prove the fact in issue and determined evidence which a reasonable mind
by the rules of substantive law and might accept as adequate to support a
pleadings. conclusion.
- Material means important information,
⮚ Preponderance – evidence which is
generally significant enough to determine an
issue more convincing to the court as worthy
c. Admissible – if it is relevant to the issue of belief than that which is offered in
and is not excluded by law or rules of opposition thereto.
court. ⮚ Clear and Conniving – that which
d. Credible – if it is not only admissible
establishes in the mind of a trier of facts
evidence but also believable and used
a firm belief on the existence of the fact
by the court in deciding cases.
in issue.
F. Others
⮚ Proof Beyond Reasonable Doubt –
⮚ Competent – evidence is competent means that the evidence is such that the
when it is not excluded by law in a trier of fact can conclude with virtual
particular case. certainty that the defendant committed
the alleged offense.
⮚ Rebutting/Rebuttal – it is given to
● Equiponderance of Evidence Rule or
repel, counteract or disprove facts given
in evidence on the other side. Equipoise Rule – It states that when
the scale shall stand upon an equipoise
⮚ Sub-Rebuttal – evidence to rebut new
and there is nothing in the evidence
matter introduced in rebuttal. which shall incline it to one side or the
⮚ Expert – It is the testimony of one other, the Court will find for the
defendant/accused.
possessing, in regard to a particular
- Under the said principle, the plaintiff must
subject or department of human activity,
rely on the strength of his evidence and not
knowledge not usually acquired by
on the weakness of the defendant's claim.
another person.
Even if the evidence of the plaintiff may be
⮚ Newly-Discovered – evidence already stronger than that of the defendant, there is
in existence prior or during the trial but no preponderance of evidence on his side if
which could not have been secured and such evidence is insufficient in itself to
presented during the trial despite establish his cause of action.
reasonable diligence on the part of the
SEC. 2. Scope. – The rules of evidence shall
litigant offering it or his counsel.
be the same in all courts and in all trials and
⮚ Extrinsic (Evidence hearings, except as otherwise provided by law
Aliunde/Extraneous Evidence) – or these rules.
evidence from an outside source, or that Evidence – is the means by which the proof is
which is not contained in the body of an established. evidence is the means to the end.
 129

Proof – is the effect/result of evidence, the immaterial is admitted by the Court subject to
establishment of a fact by evidence. Proof is the the condition that its connection with other facts
end result subsequently to be proven will be established.

SEC. 3. Admissibility of evidence. – Evidence Curative Admissibility – It means that the

is admissible when it is relevant to the issue and evidence, otherwise improper, is admitted
is not excluded by the law or these rules. contradicting improper evidence introduced by
the other party. When the court allows one party
Difference between admissibility and
to introduce incompetent evidence, the other
credibility - Admissibility is determined by the
party may also do so in his defense if it shall
concurrence of the two requisites of relevancy
cause a plain and unfair prejudice to the party
and competency; Credibility is a matter for the
against whom it is admitted.
court to appreciate.
SEC. 4. Relevancy; collateral matters. –
If evidence is admissible, does it follow that
Evidence must have such a relation to the fact in
it has probative value? No, because
issue as to induce belief in its existence or non-
admissibility of evidence has nothing to do with
existence. Evidence on collateral matters shall
its probative value or weight. In fact, its
not be allowed, except when it tends to any
admission is not a guarantee of its being
reasonable degree to establish the probability or
considered or believed by the Court. Whether
improbability of the fact in issue.
evidence has any weight is dependent upon the
Court. Collateral Evidence – are admissible only when
they tend to any reasonable degree to establish
- Evidence obtained through Instigation is
the probability or improbability of the fact issue.
INADMISSIBLE because it is obtained
illegally. MATTERS WHICH DO NOT HAVE TO BE
- Evidence obtained by Entrapment is PROVEN IN COURT:
ADMISSIBLE which is legal.
1. Matters or facts subject of judicial notice
Note: Instigation is how the accused is lured 2. Matters or facts subject of judicial
into the commission of the offense charged to admission
prosecute him. On the other hand, entrapment 3. Matters or facts which are legally
is the employment of such ways and means for presumed
the purpose of trapping or capturing a 4. Matters or facts stipulated upon
lawbreaker. 5. Matters or facts which are exclusively
within the knowledge of the opposing
Is evidence obtained without a Search
party
Warrant admissible? As a rule, NO, illegally
6. Matters or facts which are irrelevant
obtained evidence is inadmissible because it is
the fruit of the poisonous tree. The exception is Rule 129. What Need not to be Proved.
when it is in Flagrante Delicto.
Section 1. Judicial notice, when mandatory. – A
Is evidence obtained through uncounseled court shall take judicial notice, without the
confession admissible? No, because it is in introduction of evidence, of the existence and
violation of the Constitution. It is inadmissible. territorial extent of states, their political history,
forms of government and symbols of nationality,
Is the tape recording of private conversation
the law of nations, the admiralty and maritime
admissible in evidence? No. because it is a
courts of the world and their seals, the political
violation of R.A. 4200 or Anti-Wiretapping Law.
constitution and history of the Philippines, the
Conditional Admissibility of Evidence – It official acts of the legislative, executive and
means that evidence which appears to be judicial departments of the Philippines, the laws
 130

of nature, the measure of time, and the a. object must be relevant to the fact in
geographical divisions. issue
b. object must be authenticated before it is
Section 2. Judicial notice, when discretionary –
admitted.
A court may take judicial notice of matters which
Instances when Court may Disallow the
are of public knowledge, or are capable of
Object as Evidence
unquestionable demonstration, or ought to be
known to judges because of their judicial 1. When the object is irrelevant to the fact
functions. in issue.
2. Indecent or improper objects should be
Section 3. Judicial notice, when hearing
excluded unless the same is necessary
necessary – During the trial, the court, on its
for ascertaining the truth.
own initiative, or on request of a party, may
3. Repulsive objects should also be
announce its intention to take judicial notice of
excluded, if not necessary for the
any matter and allow the parties to be heard
administration of justice.
thereon. After the trial, and before judgment or
Section 2. Documentary evidence – consists of
on appeal, the proper court, on its own initiative
writings or any material containing letters,
or on request of a party, may take judicial notice
words, numbers, figures, symbols or other
of any matter and allow the parties to be heard
modes of written expressions offered as proof of
thereon if such matter is decisive of a material
their contents.
issue in the case.
1. Best Evidence Rule – it states that
Section 4. Judicial admissions – An admission,
when the subject of inquiry is the
verbal or written, made by a party in the course
contents of a document, no evidence
of the proceedings in the same case, does not
shall be admissible other than the
require proof. The admission may be
original document itself.
contradicted only by showing that it was made
It is also known as Rule of Exclusion because
through a palpable mistake or that no such
to prove the contents of the document, one must
admission was made.
produce the original. Any other evidence is not
Note: The said admissions, if made by counsel allowed other than the original document.
during the trial, are binding and conclusive on
General Rule: No evidence shall be admissible
his client.
other than the document itself. Oral Testimony,
Extrajudicial Admission – is a statement made even if the contents are memorized verbatim, it
outside of court proceedings that is offered as is objectionable. Even a photocopy is NOT
evidence against the person who made the ALLOWED. The ORIGINAL must be presented.
statement. It is an acknowledgment of facts that
EXCEPTIONS:
are true and can be harmful to the person's
position as a litigant.
● When the original has been lost or
destroyed, or cannot be produced in
court, without bad faith on the part of
the offeror.
Rule 130. Rules of Admissibility ● When the original is in the custody or
Section 1. Objects as evidence – are those under the control of the party against
addressed to the senses of the court. When an whom the evidence is offered, and the
object is relevant to the fact in issue, it may be latter fails to produce it after
exhibited to, examined or viewed by the court. reasonable notice

Requisites for admissibility:

 131

II. That such original has been lost,

● When the original document consists
destroyed or accounted for, without bad
of numerous accounts or other faith on the part of the offeror; and
documents which cannot be III. If there are several copies, all must be
examined in court without great loss accounted for.
of time and the fact sought to be 3. Parol Evidence Rule (Oral/Verbal
established from them is only the Testimony) – also known as Extrinsic or
general result of the whole, and Evidence Aliunde.
● When the original is a public record in General Rule: When the terms of an agreement
the custody of a public officer or is have been reduced to writing, it is considered as
recorded in a public office. containing all the terms agreed upon and there
can be, between the parties and their
Three Concepts of Original under the Best successors in interest, no evidence of such
Evidence Rule: terms other than the contents of the written
agreement. The term “Agreement” includes
a. When the original of a document is one
“WILLS”
the contents of which are the subject of
Reason why Parole Evidence is NOT
inquiry
Admissible: When the parties have reduced
b. When a document is in two or more
their agreement into writing, it is presumed that
copies executed at or about the same
they have made the document the only
time, with identical contents, all such
repository and proof of the truth and whatever is
copies are equally regarded as originals
not found in the document is understood to have
c. When an entry is repeated in the regular
been waived or abandoned. The applicability of
course of business, one being copied
Parol Evidence Rule applies to an agreement in
from another at or near the time of the
writing, regardless of whether the written
transaction, all the entries are likewise
contract is a public or private document.
equally regarded as originals.
2. Secondary Evidence – When the BEST EVIDENCE PAROLE EVIDENCE
original document has been lost or RULE RULE
destroyed, or cannot be produced in The issue is the The issue is whether
Court, the offeror, upon proof of its CONTENTS of the a party is ADDING or
execution or existence and the cause of documents MODIFYING THE
its unavailability without bad faith on his TERMS of the written
part, may prove its contents: agreement.
a. By a copy,
b. by a recital of its contents in some It prohibits the offer It prohibits the offer of
authentic document SECONDARY ORAL EVIDENCE if
c. by the testimony of witnesses, in the EVIDENCE to prove the purpose is to
order stated. the contents of a change, vary, modify,
writing or document, qualify, add or
unless the case falls contradict the terms
under any of the of a complete written
exceptions. agreement, UNLESS
Requisites before Secondary Evidence can
the case falls under
be Presented:
any of the
I. It must be shown that an original was exceptions.
indeed duly executed.
Any party to the case Only the parties to
may invoke this. the document and
their successors in
 132

interest may invoke to have been used in their primary

this. and general acceptation, but evidence
is admissible to show that they have a
This applies to any This applies only to local, technical, or otherwise peculiar
document. agreements although signification, and were so used and
the work understood in the particular instance,
“AGREEMENT” in which case the agreement must be
includes wills. construed accordingly.
INTERPRETATION OF DOCUMENTS ● Written words control printed. –
When an instrument consists partly of
● Interpretation of a writing written words and partly of a printed
according to its legal meaning. – form, and the two are inconsistent, the
The language of a writing is to be former controls the latter.
interpreted according to the legal
● Experts and interpreters to be used
meaning it bears in the place of its
execution, unless the parties intended in explaining certain writings. –
otherwise. When the characters in which an
instrument is written are difficult to be
● Instrument construed so as to give deciphered, or the language is not
effect to all provisions. – In the understood by the court, the evidence
construction of an instrument where of persons skilled in deciphering the
there are several provisions or characters, or who understand the
particulars, such a construction is, if language, is admissible to declare the
possible, to be adopted as will give characters or the meaning of the
effect to all. language.
● Interpretation according to ● Of two constructions, which
intention; general and particular preferred. – When the terms of an
provisions. – In the construction of agreement have been intended in a
an instrument, the intention of the different sense by the different parties
parties is to be pursued; and when a to it, that sense is to prevail against
general and a particular provision are either partly in which he supposed the
inconsistent, the latter is paramount to other understood it, and when
the former. So, a particular intent will different constructions of a provision
control a general one that is are otherwise equally proper, that is to
inconsistent with it. be taken which is the most favorable
● Interpretation according to to the party in whose favor the
provision was made.
circumstances. – For the proper
construction of an instrument, the ● Construction in favor of natural
circumstances under which it was rights. – When an instrument is
made, including the situation of the equally susceptible to two
subject thereof and of the parties to it, interpretations, one in favor of natural
may be shown, so that the judge may rights and the other against it, the
be placed in the position of those former is to be adopted.
whose language he is to interpret.
● Interpretation according to usage.
● Peculiar signification of terms. – – An instrument may be constructed
The terms of a writing are presumed
 133

according to usage, in order to or against the other without the consent of the
determine its true character. affected spouse, EXCEPT in a civil case by one
against the other, or in a criminal case for a
Qualifications of Witness:
crime committed by one against the other or the
- All persons who can perceive, and latter’s direct descendants or ascendants.
perceiving, can make known their perception (Marital Disqualification Rule)
to others, may be witnesses.
RULE ON DISQUALIFICATION BY REASON
- A blind person is qualified to become a
OF DEATH OR INSANITY OF AN ADVERSE
witness for as long as what is to be asked is PARTY: Parties or assignors of parties to a
not based on what he saw. case, or persons in whose behalf a case if
- A deaf/mute is qualified to be a witness for prosecuted, against an executor or administrator
as long as He can still communicate through or other representative of a deceased person, or
sign language. against a person of unsound mind, upon a claim
A prospective witness must show four or demand against the estate of such deceased
qualities or abilities, namely: person or against such person of unsound mind,
cannot testify as to any matter of fact occurring
a. to observe - the testimonial quality of before the death of such deceased person or
perception before such person became of unsound mind.
b. to remember - the testimonial quality of (Survivor’s Disqualification Rule or Dead Man’s
memory Satute)
c. to relate - the testimonial quality of
narration; and THE FOLLOWING PERSONS CANNOT
d. to recognize a duty to tell the truth – the TESTIFY BY REASON OF
testimonial quality of sincerity. PRIVILEGED COMMUNICATION

PERSONS NOT CAPABLE TO BE A WITNESS 1. The husband or the wife, during or after
BY REASON OF MENTAL INCAPACITY OR the marriage, cannot be examined
IMMATURITY without the consent of the other as to
any communication received in
1. Those whose mental condition, at the confidence by one from the other during
time of their production for examination, the marriage EXCEPT in a civil case by
is such that they are incapable of one against the other, or in a criminal
intelligently making known their case for a crime committed by one
perception to others. against the other or the latter’s direct
2. Children whose mental maturity is such descendants or ascendants. (Marital
as to render them incapable of Communication Rule)
perceiving the facts respecting to which
they are examined and of relating them MARITAL MARITAL
truthfully. DISQUALIFICATION COMMUNICATION
RULE RULE
Basic Requirements of a CHILD’S It requires that one of It does NOT require
Competency as a Witness the spouses be party that one of the
- He has the capacity of observation to a case. spouses be a party to
- Capacity of recollection; and a case.
- Capacity of communication. It applies to any act. It refers only to
May the spouses testify against each other? CONFIDENTIAL
Is the rule absolute? During their marriage, communications
neither the husband nor the wife may testify for during the marriage.
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It is claimable only It is claimable during direct ascendants, children or other direct

DURING the the or afterwards descendants.
marriage. (even if the marriage
Reason: To preserve the sacred sentiments
is already dissolved).
between members of the same family.
What is important is
that the Parental Privilege – no person may be
communication was compelled to testify against his child or other
made or given while direct descendants.
they were still
married. Filial Privilege – no person may be compelled
to testify against his parents or direct
2. An attorney cannot, without the consent ascendants.
of his client, be examined as to any
communication made by the client to Admission – any statement of fact made by a
him, or his advice given in the course of party against his interest or unfavorable to the
or with a view to professional conclusion for which he contends or is
employment NOR can an attorney’s inconsistent with the facts alleged by him.
secretary, stenographer, or clerk be - is the act, declaration or omission of a party
examined, without the consent of the as to a relevant fact may be given in
client and his employer, concerning a evidence against him. It may be by act,
fact the knowledge of which has been verbal or written statements.
acquired in such capacity. (Attorney- Self-Serving Evidence – is an admission
Client Privileged Communication) favorable to the party making it. However, it is
3. A person authorized to practice INADMISSIBLE in evidence for or to favor him
medicine, surgery or obstetrics cannot in but can be used against him. It cannot be used
a civil case, without the consent of the in favor of the accused but can be used against
patient, be examined as to any advice or the accused. It is because a person can be
treatment given by him or any believed when he says something against
information which he may have acquired himself, but not when he says something in
in attending such a patient. (Privileged favor of his own interest.
of Physician and Patient)
4. A minister or priest cannot, without the OFFER OF A COMPROMISE
consent of the person making the
IN CIVIL CASES: An offer of compromise is
confession, be examined as to any
NOT admission of any liability and is not
confession made to or any advice given
admissible in evidence against the offeror.
by him in his professional character in
the course of discipline enjoined by the IN CRIMINAL CASES: An offer of compromise
church to which minister, or priest by the accused may be received in evidence as
belongs. (Privileged between Priest and an implied admission of guilt.
Penitent)
5. A public officer cannot be examined EXCEPT: Those involving quasi-offense
during his term of office or afterwards, (criminal negligence), or those allowed by law to
as to any communication made to him in be compromised. (Good Samaritan Rule). This
official confidence, when the Court finds is to encourage humanitarian gestures.
that the public interest would suffer by ADMISSION BY A PARTY, RES INTER ALIOS
the disclosure. (Privilege of State ACTA RULE: This means that the rights of a
Secrets) party cannot be prejudiced by an act,
TESTIMONIAL PRIVILEGE – No person may declaration, or omission of another.
be compelled to testify against his parents, other
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EXCEPT: In cases of a partnership, agency, 2. Where the act or declaration was made
conspiracy and joint interest (Privies). in the course of an official investigation
3. Wherein the silence is upon advice of
Admission by co-partner or agent. – The act
the lawyer.
or declaration of a partner or agent of the party
Confession – statement of fact which involves
within the scope of his authority and during the
an acknowledgement of guilt or liability. The
existence of the partnership or agency, may be
declaration of an accused acknowledging his
given in evidence against such party after the
guilt of the offense charged, or any offense
partnership or agency is shown by evidence
necessarily included therein, may be given in
other than such act or declaration. The same
evidence against him.
rule applies to the act or declaration of a joint
owner, joint debtor, or other person jointly ADMISSION CONFESSION
interested with the party. It is a statement of It is an
fact without acknowledgment of
Admission by conspirator. – The act or
necessarily the guilt of the
declaration of a conspirator relating to the
acknowledging guilt. offense charged.
conspiracy and during its existence, may be
given in evidence against the co-conspirator It may be expressed It must be expressed.
after the conspiracy is shown by evidence other or implied.
than such act or declaration.
It applies to both civil It applies only to
Admission by privies. – Where one derives and criminal cases. criminal cases.
title to property from another, the act,
declaration, or omission of the latter, while Judicial Admission – This is an admission,
holding the title, in relation to the property, is verbal or written, made by a party in the judicial
evidence against the former. proceeding under consideration. Judicial
Admission may be classified as:
Privy - One who has a direct, successive
relationship to another individual; a co- 1. Formal - admissions made in WRITING,
participant; one who has an interest in a matter. such as pleadings, motions, or
stipulation of fact.
Privy refers to a person in privity with another 2. Informal - admissions made ORALLY,
—that is, someone involved in a particular in the course of the testimony of a party
transaction that results in a union, connection, or or his witnesses or statement of a
direct relationship with another. counsel.
ADMISSION BY SILENCE – it is an act or Extra-Judicial Admission – it is an admission
declaration made in the presence and within made OUT OF COURT, or in a judicial
hearing or observation of a party who does or proceeding other than the one in consideration.
says nothing when the act or declaration is such Extra-judicial Admission may either be:
as naturally to call for action or comment if not
true, and when proper and possible for him to do a. Expressed – those made in a definite,
so, may be given in evidence against him. This certain and unequivocal language.
is also known as ADOPTIVE ADMISSION. b. Implied – those which may be
INFERRED from the act, conduct,
Exceptions: In the following instances, silence declaration, silence or omission of a
does not mean admission. party.
1. When no good reason exists for the PRINCIPLES WHICH SHOW IMPLIED
party to comment on the act or ADMISSION
declaration
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1. LACHES – is an unreasonable delay in TESTIMONIAL KNOWLEDGE (Hearsay Rule)

the prosecution of a suit, civil or – This states that a witness can testify only to
criminal. It gives rise to an implied those facts which he knows of his personal
admission of lack of merit because a knowledge; that is, which are derived from his
person really aggrieved will lose no time own perception.
in seeking redress for his grievances.
Reason: Because the adverse party is deprived
2. FLIGHT AND CONCEALMENT – this is
of the opportunity to confront and examine the
an implied admission of guilt. It is
witness, and the statement made was not made
evidence on collateral matters which
under oath.
shows the probability or improbability of
the fact in issue. EXCEPTIONS:
3. INFLUENCE – An attempt to influence
witnesses, whether the influence tended 1. DYING DECLARATION (ANTE
to bring forth false testimony or to MORTEM STATEMENT). – made under
suppress evidence, is an implied the consciousness of an impending
admission by the party making it that he death, may be received in any case
has no case, for if he had, it would not wherein his death is the subject of
be necessary to fabricate or suppress inquiry, as evidence of the cause and
evidence. surrounding circumstances of such
4. Efforts of the accused to have the case death.
dropped through the help of relatives ELEMENTS:
and various influential people is a strong - That the declaration must concern the
indication of guilt, for the innocent cause and surrounding circumstances of the
depends on the strength of his case. declarant’s death
5. The unreasonable refusal of the plaintiff - That at the time the declaration was made,
in personal injury cases to submit to a the declarant was under a consciousness of
physical or medical examination is impending death
evidence bearing upon his good faith. - That the declaration relates to facts which
6. A change for the better in the financial the victim is competent to testify to; and
condition of a person accused of a crime - That the declaration offered in a case
involving money, immediately or shortly wherein the declarant’s death is the subject
after the date of the crime. to the inquiry.
2. DECLARATION AGAINST INTEREST
PREVIOUS CONDUCT AS EVIDENCE – unable to testify, against the interest of
Similar acts as evidence. – Evidence that one the declarant, if the act asserted in the
did or did not do a certain thing at one time is declaration was at the time it was made
not admissible to prove that he did or did not do so far contrary to declarant’s own
the same or a similar thing at another time; but it interest, that a reasonable man in his
may be received to prove a specific intent or position would not have been made the
knowledge, identity, plan, system, scheme, declaration UNLESS he believed it to be
habit, custom or usage, and the like. true, may be received in evidence
against himself or his successors-in-
Unaccepted offer. – An offer in writing to pay a interest and against third person.
particular sum of money or to deliver a written A person may be believed if he says something
instrument or specific personal property is, if against his own interest; NOT if he says
rejected without valid cause, equivalent to the something that is in his favor.
actual production and tender of the money, Requisites for Admissibility:
instrument, or property. - Declarant must be deceased or unable to
testify.
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- It relates to a fact against the interest of the 5. PART OF RES GESTAE – statements
declarant. made by a person while a startling
- At the time he made said declaration the occurrence is taking place or
declarant was aware that the same was immediately prior or subsequent thereto
contrary to his aforesaid interest. with respect to the circumstances
- The declarant had no motive to falsify and thereof, may be given in evidence as
believed such declaration to be true. part of the Res Gestae
3. ACT OR DECLARATION ABOUT So also, statements
PEDIGREE – unable to testify, with accompanying an equivocal act material
respect to the pedigree of another to the issue, and giving it a legal
person related to him by birth or significance, may be received as part of
marriage, may be received in evidence the res gestae.
where it occurred before the Res Gestae – is a Latin term
controversy, and the relationship meaning “Things Done”; an occurrence
between the two persons is shown by or transaction.
evidence other than such act or Requisites for Admissibility:
declaration. - The res gestae or principal act to be
Pedigree – is the history of characterized must be equivocal (more than
family descent which is transmitted from one interpretation)
one generation to another by both oral - Such act must be material to the issue
and written declarations and by tradition. - The statements must accompany the
It includes relationship, family equivocal act
genealogy, birth, marriage, death, - The statements give a legal significance to
the dates when facts occurred, and the the equivocal act.
names of the relatives. 6. ENTRIES IN THE COURSE OF
Requisites for Admissibility: BUSINESS – Requisites for
- Declarant is dead or unable to testify Admissibility:
- Necessity that pedigree be in issue - the person who made the entry must be
- Declarant must be a relative of the person dead or unable to testify
whose pedigree is in question - the entries were made at or near the time of
- Declaration must be made before the the transaction to which they refer
controversy occurred - the entrant was in a position to know the
- The relationship between the declarant and facts stated in the entries
the person whose pedigree is in question - the entries were made by entrant in his
must be shown by evidence other than such professional capacity or in the performance
act or declaration. of a duty, whether legal, contractual, moral
4. FAMILY REPUTATION OR or religious
TRADITION REGARDING PEDIGREE - The entries were made in the ordinary or
– the reputation or tradition existing in a regular course of business or duty.
family previous to the controversy, with 7. ENTRIES IN OFFICIAL RECORDS –
respect to the pedigree of anyone of its Requisites for Admissibility:
members, may be received in evidence - The entries were made by a public officer in
if the witness testifying thereon be also the performance of his duties or by a person
a member of the family, either by affinity in the performance of a duty specially
or consanguinity. enjoined by law
Entries in family bibles or other - The entrant had personal knowledge of the
family books or charts, engravings on facts stated by him or such facts were
rings, family portraits and the like may acquired by him from reports made by
be received as evidence of pedigree.
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persons under a legal duty to submit the - His testimony or deposition was given in a
same former case or proceeding, judicial or
- Such entries were entered in a regular administrative, between the same parties or
manner in the official records. those representing the same interest.
8. COMMERCIAL LIST – Evidence of - The former case involved the same subject
statements of matters of interest to as that in the present case, although on
persons engaged in an occupation different causes of action.
contained in the list, register, periodical, - The issue testified to by the witness in the
or other published compilation is former trial is the same issue involved in the
admissible as tending to prove the truth present case.
of any relevant matter so stated if that - The adverse party had the opportunity to
compilation is published for use by cross-examine the witness in the former
persons engaged in that occupation and case.
is generally used and relied upon by OPINION RULE
them therein.
General Rule: An opinion of a witness is not
When is a document considered a admissible.
commercial list?
Exceptions:
● The commercial list is a statement of 1. Opinion of an Expert Witness – an
matters of interest to persons opinion of a person who is an expert on
engaged in an occupation any matter requiring special knowledge,
skill, experience or training which he is
● Such statement is contained in a list,
shown to possess.
register, periodical or other published 2. Opinion of Ordinary Witness may be
compilation received in evidence, regarding:
● Said compilation is published for the a. The identity of a person about whom
he has adequate knowledge.
use of persons engaged in that
b. the handwriting with which he has
occupation
sufficient familiarity
● It is generally used and relied upon by c. the material sanity of a person with
people in the same occupation. whom he is sufficiently acquainted.
(PNOC Shipping and Transport Co.
The ordinary witness may also testify on his
vs. CA, 297 SCRA 402).
impressions of the emotion, behavior, condition
9. LEARNED TREATISES – Requisites
or appearance of a person.
for Admissibility:
- Published treatise, periodical or pamphlet is CHARACTER EVIDENCE
on a subject of history, law, science, or art;
and General Rule: Character Evidence is NOT
- Court takes judicial notice of it, or Admissible.
- A witness expert in the subject testifies that Exceptions: In Criminal Cases
the writer of the statement in the treatise,
periodical or pamphlet is recognized in his 1. The accused may prove his good moral
profession or calling as expert in the subject. character which is pertinent to the moral
10. TESTIMONY OR DEPOSITIONS AT A trait involved in the offense charge.
FORMER PROCEEDING – Requisites 2. Unless it is rebuttal, the prosecution may
for Admissibility: not prove his bad moral character which
- The witness is dead or unable to testify. is pertinent to the moral trait involved in
the offense charged.
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3. The good or bad moral character of the 1. CONCLUSIVE PRESUMPTIONS – are

offended party may be proved if it tends presumptions which the law does not
to establish in any degree the probability allow to be contradicted. They are
or improbability of the offense charged. unreputable and admit no proof to the
contrary.
In Civil Cases – Evidence of the good moral
character of a party is admissible only pertinent Doctrine of Estoppel – This is a kind of
to the issue of character involved in the case. conclusive presumption.

Rule 131. Burden of Proof and Presumptions a. Estoppel in Pais – It states that when a
– is the duty of a party to present evidence on person causes another to believe that
the facts in issue necessary to establish his something is true, and the latter is
claim or defense by the amount of evidence relying upon it and acts upon such
required by law. belief, the former cannot later on go
against his own representation.
- It does not shift during the course of trial. It
b. Estoppel by Deed – The tenant is not
rests on the prosecution because of the
permitted to deny the title of his landlord
presumption of innocence.
at the time of commencement of the
Burden of Evidence – is a duty resting upon a relation of landlord and tenant between
party, by means of evidence to create or meet a them.
prima facie case. 2. DISPUTABLE PRESUMPTIONS – are
presumptions which are satisfactory if
- This shifts or passes from side to side as uncontradicted but may be contradicted
the trial progresses and evidence is and overcome by other evidence.
produced.
Examples of Disputable Presumptions: The
following shall be considered dead for all
purposes including the division of the estate
Degree of Proof that Satisfies the Burden of
among the heirs:
Proof: (Quantum of Evidence)
(1) A person on board a vessel lost during
1. Civil Case – preponderance of
a sea voyage, or an aircraft with is
evidence
missing, who has not been heard of for
2. Criminal Case
four years since the loss of the vessel
To sustain conviction – Proof beyond
or aircraft
reasonable doubt
(2) A member of the armed forces who has
Preliminary Investigation – Only that
taken part in armed hostilities, and has
which engenders a well-founded belief
been missing for four years
of the fact of the commission of a crime.
(3) A person who has been in danger of
Issuance of Warrant – Probable cause.
death under other circumstances and
3. Administrative Case – Substantial
whose existence has not been known
evidence
for four years
Presumptions – is an inference as to the (4) If a married person has been absent for
existence of a fact not actually known arising four consecutive years, the spouse
from its usual connection with another which is present may contract a subsequent
known. A presumption is an assumption of fact marriage if he or she has a well-
that the law requires to be made from another founded belief that the absent spouse is
fact or group of facts found or otherwise already dead. In case of disappearance,
established in the action or proceeding. where there is a danger of death the
circumstances hereinabove provided,
TWO Kinds of Presumptions:
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an absence of only two years shall be order to explain or supplement his

sufficient for the purpose of contracting answers given during the direct
a subsequent marriage. examination.
4. RE-CROSS EXAMINATION – This
The following presumptions are satisfactory if
happens after the re-direct examination.
uncontradicted, but may be contradicted and
The adverse party may re-cross-
overcome by other evidence:
examine the witness on matters stated
- That a person is innocent of crime or in his re-direct examination, and on such
wrong other matters as may be allowed by the
- That an unlawful act was done with an court in its discretion.
unlawful intent After the examination of
- That evidence willfully suppressed witnesses by both sides has been
would be adverse if produced concluded, the witness cannot be
- That a person found in possession of a recalled without leave of court. The
thing taken in the doing of a recent court may grant in its discretion as the
wrongful act is the taker and the doer of interest of justice may require.
the whole act; otherwise, that things
Leading Question – is a question which
which a person possesses, or exercises
suggests to the witness the answer which the
acts of ownership over, are owned by
examining party desires. This is not allowed.
him.
EXCEPTIONS: Leading question is allowed in
Rule 132. Examination of Witness –
the ff:
Examination of witnesses presented in a trial
court or hearing shall be done in open court and 1. On cross-examination
under oath or affirmation. 2. On preliminary matters
3. When there is difficulty in getting a direct
UNLESS the witness is incapacitated to
and intelligible answers, such as a minor
speak, or the question calls for a different mode
4. Of an Unwilling or hostile witness; or
of answer, the answers of a witness shall be
5. Of a witness who is an adverse party.
given orally.
Misleading Questions – is a question which
Order in the examination of an individual
either: (a) assumes as true a fact not yet
witness:
testified to by the witness; or (b) which is
1. DIRECT EXAMINATION – is an contrary to that which he has previously stated.
examination-in-chief of a witness by the This is NOT allowed by law.
party presenting him on the facts
Rights and Obligations of a Witness – a
relevant to the issue.
witness must answer questions, although his
2. CROSS-EXAMINATION – It happens
answer may tend to establish a claim against
after the termination of the direct
him. Rights:
examination. The witness may be cross-
examined as to any matters stated in 1. To be protected from irrelevant,
the direct examination, or connected improper, or insulting questions, and
therewith, with sufficient fullness and rush or insulting demeanor
freedom to test his accuracy and 2. Not to be detained longer than the
truthfulness and freedom from interest interest of justice requires
or bias. 3. Not to be examined except only as to
3. RE-DIRECT EXAMINATION – it matters pertinent to the issue
happens after the cross examination of 4. Not to give an answer which will tend to
the witness. The witness may be re- subject him to a penalty for an offense
examined by the party calling him in unless otherwise provided by law
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5. Not to give an answer which will tend to certain types of occurrences may justify an
degrade his reputation, unless it is the inference of negligence on the part of the person
very fact at issue. who controls the instrumentality causing the
injury in the absence of some explanation by the
Impeachment of Witness – a witness may be
defendant who is charged with negligence.
impeached by a party against whom he was
called, by the following manner: The doctrine res ipsa loquitur
means that "where the thing which causes injury
(a) By contradictory evidence
is shown to be under the management of the
(b) By evidence that his general
defendant, and the accident is such as in the
reputation for truth, honesty, or
ordinary course of things does not happen if
integrity is bad
those who have the management use proper
(c) By evidence that he has made at
care, it affords reasonable evidence, in the
other times statements
absence of an explanation by the defendant,
inconsistent with his present
that the accident arose from want of care."
testimony.
POSITIVE TESTIMONY — is when the witness
General Rule: A party may not impeach his own
affirms that a fact did or did not occur. Positive
witness. EXCEPTIONS: A party may impeach
testimony has greater weight than negative
his own witness in the following instances: (a) Of
evidence.
an Unwilling or hostile witness; (b) Of a witness
who is an adverse party. NEGATIVE TESTIMONY — is when a witness
states that he did not see or know of the
- A witness may be considered as unwilling or
occurrence of a fact.
hostile only if so, declared by the court upon
adequate showing of his adverse interest, Alibi – is a form of defense used in criminal
unjustified reluctance to testify, or having procedure wherein the accused attempts to
misled the party into calling him to the prove that he or she was in some other place at
witness stand. the time the alleged offense was committed. It
must be established by positive, clear and
Exclusion and Separation of Witness: On any
satisfactory evidence.
trial or hearing, the judge may exclude from the
court any witness not at the time under Requisites:
examination, so that they may not hear the
1. Showing that not only is the accused
testimony of other witnesses. The judge may
somewhere else
also cause witnesses to be kept separate and to
2. But also, it was physically impossible for
be prevented from conversing with one another
him to be at the scene of the crime at
until all shall have been examined.
the time of its commission.

ALIBI is one of the weakest defenses because

Falsus in un, Falsus in omnibus “False in of the facility with which it can be fabricated.
one thing, false in everything” – If the
Classes of Documents – For the purpose of
testimony of the witness on a material issue is
their presentation evidence, documents are
willfully false and given with an intention to
either public or private.
deceive, the court may disregard all the witness’
testimony. Public Documents are:
Res Ipsa Loquitur “The thing speaks for a. The written official acts, or records of the
itself” – It is simply a recognition of the official acts of the sovereign authority,
postulate that, as a matter of common official bodies and tribunals, and public
knowledge and experience, the very nature of
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officers, whether of the Philippines, or of 1. He may show that the alteration was
a foreign country made by another, without his
b. Documents acknowledge before a concurrence, or
notary public except last wills and 2. was made with the consent of the
testaments parties affected by it, or
c. Public records, kept in the Philippines, 3. was otherwise properly or innocently
of private documents required by law to made, or
enter therein. 4. that the alteration did not change the
All other writings are private. meaning or language of the instrument.

Proof of Private Document – Before any If he fails to do that, the document shall not
private document offered as authentic is be admissible in evidence
received in evidence, its due execution and
Offer of Evidence – The court shall consider no
authenticity must be proved either: (a) By
evidence which has not been formally offered.
anyone who saw the document executed or
The purpose for which the evidence is offered
written; or (b) By evidence of the genuineness of
must be specified.
the signature or handwriting of the maker. Any
other private document need only be identified When to make an offer – As regards the
as that which it is claimed to be. testimony of a witness, the offer must be made
at the time the witness is called to testify.
Ancient Document (When evidence of
Documentary and object evidence shall be
authenticity of private document not necessary)
offered after the presentation of a party's
– Where a private document is more than thirty
testimonial evidence. Such an offer shall be
years old, is produced from a custody in which it
made orally unless allowed by the court to be
would naturally be found if genuine and is
made in writing.
unblemished by any alterations or
circumstances of suspicion, no other evidence of Objection –
its authenticity need be given.
1. Objection to evidence offered orally
How genuineness of handwriting proved? — must be made immediately after the
The handwriting of a person may be proved by: offer is made.
2. Objection to a question put up in the
(1) any witness who believes it to be the
course of the oral examination of a
handwriting of such person because he
witness shall be made as soon as the
has seen the person write, or
grounds therefore shall become
(2) has seen writing purporting to be his
reasonably apparent.
upon which the witness has acted or
3. An offer of evidence in writing shall be
been charged, and
objected to within three (3) days after
(3) has thus acquired knowledge of the
notice of the offer unless a different
handwriting of such a person.
period is allowed by the court.
Evidence respecting the handwriting may also
be given by a comparison, made by the witness In any case, the grounds for the objections must
or the court, with writings admitted or treated as be specified.
genuine by the party against whom the evidence
is offered, or proved to be genuine to the Ruling of the Court
satisfaction of the judge.
The ruling of the court must be given
Alterations in Document – (How to explain): immediately after the objection is made, unless
the court desires to take a reasonable time to
inform itself on the question presented; but the
ruling shall always be made during the trial and
 143

at such time as will give the party against whom Circumstantial Evidence – is indirect evidence
it is made an opportunity to meet the situation that does not, on its face, prove a fact in issue
presented by the ruling. but gives rise to a logical inference that the fact
exists. Circumstantial evidence is sufficient for
The reason for sustaining or
conviction if:
overruling an objection need not be stated.
However, if the objection is based on two or (a) There is more than one circumstance
more grounds, a ruling sustaining the objection (b) The facts from which the inferences are
on one or some of them must specify the ground derived are proven; and
or grounds relied upon. (c) The combination of all the
circumstances is such as to produce a
Striking out of Answer: Should a witness
conviction beyond reasonable doubt.
answer the question before the adverse party
CLJ – 6 Criminal Procedure
had the opportunity to voice fully its objection to
the same, and such objection is found to be Criminal Procedure – It is the method
meritorious, the court shall sustain the objection prescribed by law for the apprehension and
and order the answer given to be stricken off the prosecution of persons accused of any criminal
record. offense and for their punishment in case of a
conviction.
On proper motion, the court may also order the
striking out of answers which are incompetent, Three Parties in a Criminal Case
irrelevant, or otherwise improper.
1. The State, through the Prosecutor,
Weight and Sufficiency of Evidence 2. The accused, and
3. The private victim.
- Weight of Evidence - The balance of
evidence and in whose favor it tilts. This Three Systems of Criminal Procedure
refers to the indication of the greater
1. Inquisitorial System – it is a system of
evidence between the parties. This
criminal procedure where the detection
depends on the judicial evaluation within
and prosecution of offenders are left to
the guidelines provided by the rules and
the initiative of the officials and agents of
by jurisprudence.
the law. It is a government show and the
- Sufficiency of Evidence - refers to the
accused and the private victim are only
adequacy of evidence. Such evidence in
incidental.
character, weight, or amount, will legally
EXAMPLES:
justify the judicial action demanded or
a. The prosecution of the criminal case is
prayed for by the parties.
largely controlled by the public
Extrajudicial Confession, NOT Sufficient
prosecutor,
Ground for conviction – An extrajudicial
b. Preliminary Investigation is required.
confession made by an accused, shall not be
The prosecutor will determine whether
sufficient ground for conviction, unless
to file the case or not,
corroborated by evidence of corpus delicti.
c. In case the accused is sentenced to
Corpus Delicti – refers to the legal principle that death, whether the accused likes it or
evidence independent of a defendant's out of not, there will be a review of the death
court statements or the testimony of an sentence because of public interest.
accomplice must prove a crime was committed 2. Accusatorial System – The role of the
before a defendant can be convicted of that State is secondary. The main features of
crime. Corpus Delicti is a Latin phrase meaning this system are the right of every citizen
the body of the offense or crime. to formulate charges, the right of the
 144

supposed offender to be confronted by institution of the action, not at the time of

his accuser and the right to public trial. the commission of the offense. It is
EXAMPLES: determined by the penalty provided by
a. The accused is entitled to a public trial… law for the offense as that offense is
for the benefit of the accused, charged in the complaint or information.
b. It is the right of the accused to be 3. Jurisdiction over the person of the
present at every stage of the accused – It is conferred upon the court
proceeding, and either by the voluntary appearance or
c. It is the right of the offended party to surrender of the accused, or by his
intervene by hiring a private prosecutor. arrest to answer for the crime charged.
3. Mixed System – Combination of both.
Jurisdiction is the power to hear and decide a
This is the one being followed in the
case. Venue is the place where the action is to
Philippines.
be instituted and tried. Venue, being a matter of
Criminal Procedure – is a criminal statute and procedure, is waivable. Jurisdiction is not
as such it should be construed strictly. Penal waivable.
statutes, substantive and remedial or procedural
Venue and jurisdiction are entirely distinct
are, by the consecrated rule, construed strictly
matters. Jurisdiction may not be conferred by
against the government, and liberally in favor of
consent or waiver upon a court which otherwise
the accused.
would have no jurisdiction over the subject
Jurisdiction – the power and authority of the matter of an action; but the venue of an action
court to take cognizance of an offense and to as fixed by statute may be changed by the
pronounce the judgment or sentence provided consent of the parties
by law after trial in a manner prescribed.
In Criminal cases however, venue and
ELEMENTS OF JURISDICTION IN CRIMINAL jurisdiction are one and the same. It should be
CASES: filed where the crime is committed.

1. Territorial Jurisdiction – refers to the May the venue in the criminal case be
limits of the geographical boundaries of changed? Yes, it may be changed by the
a place within which a court has Supreme Court to avoid a miscarriage of justice.
jurisdiction to act judicially and outside (Art. VIII, Sec. 5, par. 4, Const.; People vs.
of which its judicial acts are null and Gutierrez, 36 SCRA 172).
void. It is determined by the
JURISDICTION OF PHILIPPINE COURTS
geographical area over which it
Jurisdiction of the Municipal Trial Court
precedes, and the fact that the crime
(MTC)
was committed, or any of its essential
ingredients took place within said area. 1. All violations of city or municipal
Transitory Offense (Continuing Offense) – It ordinances committed within their
is one where some acts material and essential respective territorial jurisdiction
to the crime occur in one province and some in 2. All offenses punishable with
another, in which case, the rule is settled that imprisonment of not exceeding six (6)
the court of either province where any of the years irrespective of the amount of the
essential ingredients of the crime took place has impossible fine
jurisdiction to try the case. 3. When the prescribed penalty is fine only
and the imposable amount does not
2. Jurisdiction over the Subject Matter –
exceed P4,000.00
It is determined by the allegations of the
complaint or information in accordance
with the law in force at the time of the
 145

4. When the offense involves damage to jurisdiction. Unless the attendant circumstances
property through criminal negligence have made it impossible or impracticable to
irrespective of the amount. have such a joint trial.

Jurisdiction of the Regional Trial Court (RTC) Barangay Conciliation

1. When the prescribed penalty for the What criminal cases over which the Lupon of
offense is imprisonment exceeding six each Barangay may take cognizance of? The
(6) years irrespective of the amount of Lupon of each Barangay shall have authority to
the impossible fine, bring together the parties to a criminal case
2. When the prescribed penalty for the where the penalty for the offense is not
offense is fine only and the imposable exceeding one year imprisonment.
fine exceeds P4,000.00. EXCEPTIONS:
Rule 110. Prosecution of Offenses
(1) Libel; (2) Dangerous Drug Act; (3)
Violation of Omnibus Election Code; and Section 1. INSTITUTION OF THE CRIMINAL
(4) Violation of the Intellectual Property ACTION
Law.
Jurisdiction of the Court is determined by the a. For offenses where preliminary
principal penalty and NOT by the civil liability, investigation is required by filing the
additional penalty or the subsidiary penalty. This complaint with the proper officer for the
changed the previous rule under the old purpose of conducting the requisite
jurisprudence. preliminary investigation.
b. For all other offenses, by filing complaint
Family Courts or information directly with the Municipal
Trial Courts (MTC) and Municipal Circuit
1. Criminal Cases where one or more of
Trial Courts, or the complaint with the
the accused is below 18 years of age,
office of the prosecutor. In Manila and
OR one or more of the victims is a minor
other chartered cities, the complaints
at the time of the commission of the
shall be filed with the office of the
offense
prosecutor unless otherwise provided in
2. Criminal cases against minor under the
their charters.
Dangerous Drugs Act; and
3. Violations of R.A. 7610 Effect of the institution of Criminal Action –
The institution of the criminal action shall
interrupt the running of the period of prescription
of the offense charged unless otherwise
provided in special laws.
Sandiganbayan – ELEMENTS:
“Commencement”, generally it is already filed
1. Crimes filed against Public Officers such
in the court
as Governors, Vice-Governors, Board
Members, Provincial Treasurers, “Institution” is earlier, that is, when you file a
Assessors, other provincial and city complaint with the prosecutor’s office. It is
department heads, city mayors etc, and already an institution.
all other national and local officials
Complaint – is a sworn written statement
classified as Grade 27 and higher.
charging a person with an offense, subscribed
2. It involves: (a) Anti-Graft cases; or (b) a
by the offended party, any peace officer, or other
crime committed in relation to his office.
public officer charged with the enforcement of
The private individuals accused before the
the law violated.
Sandiganbayan should be tried jointly with the
public officer in order to avoid splitting of
 146

Information – is an accusation in writing The crimes of Adultery and Concubinage

charging a person with an offense, subscribed (known as Private Crimes) shall NOT be
by the prosecutor and filed with the court. prosecuted EXCEPT upon a complaint filed by
the Offended Spouse in Court. The offended
Section 2. COMPLAINT or INFORMATION –
spouse cannot institute criminal prosecution if:
shall be in writing, in the name of the People of
(a) Without including the guilty parties, if both
the Philippines and against all persons who
are alive; or (b) If the Offended Party Has
appear to be responsible for the offense
Consented to the offense; or (c) Pardoned the
involved.
offenders.
DISTINCTIONS BETWEEN COMPLAINT AND
The offenses of Seduction, Abduction and Acts
INFORMATION
of Lasciviousness shall be prosecuted by the
1. As to who files: Complaint is filed by Offended Party. In case of the offended party’s
the offended party; any peace officer; death, incapacity or minority, the said offenses
prosecutor; or any public officer charged may be prosecuted by parents, grandparents, or
with the enforcement of the law. guardians UNLESS pardoned by any of them.
Information is prepared, signed and filed This shall be exclusive of all other persons and
by the prosecutor. shall be exercised successively in the order
2. As to Purpose: Complaint filed in court herein provided.
is either for preliminary investigation or
No criminal action for defamation which consists
for trial, but an Information filed in court
in the imputation of any of the offenses
is only for trial.
mentioned above shall be brought EXCEPT at
3. As to where to File: Complaint may be
the instance of and upon the complaint filed by
filed in court or in the office of the
the offended party.
prosecutor. Information is always filed in
court. The State may also initiate the Criminal Action
on behalf of the offended party under the
A complaint must be under oath. By clear terms
principle of PARENS PATRIAE.
of Sec. 3 of Rule 110, it is a ‘sworn written
statement’. Information requires no oath. Sec. 4 SUFFICIENCY OF COMPLAINT OR
of Rule 110 merely requires that it shall be an INFORMATION
accusation “in writing”.
WHEN IS A COMPLAINT OR INFORMATION
This is because the prosecutor filing the DEEMED SUFFICIENT? It is deemed sufficient
information is acting under the oath of his office. if it states the following:

WHO MUST PROSECUTE CRIMINAL 1. The name of the accused

ACTIONS? All criminal actions commenced by a 2. The designation of the offense as
complaint or information shall be prosecuted defined by statute
under the direction and control of the prosecutor. 3. The acts or omissions complained of as
constituting the offense
However, in MTC or MCTC when a prosecutor
4. The name of the offended party
is not available, the Offended Party, Any Peace
5. The approximate date of the
Officer, or public officer charged with the
commission of the offense
enforcement of the law, may prosecute the case.
6. The place of the commission of the
However, this authority shall cease upon actual offense.
intervention of a prosecutor or upon the
DESIGNATION OF THE OFFENSE
elevation of the case to the RTC.
 147

WHAT SHOULD BE INCLUDED IN THE Rule when offense is committed on board a

DESIGNATION OF THE OFFENSE IN THE vessel: The criminal action shall be instituted
COMPLAINT OR INFORMATION? and tried in: (a) The court of the first entry; or (b)
the municipality or territory where the vessel
1. Designation of the offense given by the
passed during its voyage.
statute
2. Acts and omissions constituting the This rule applies when the offense is committed
offense during the voyage of the vessel and is subject to
3. Qualifying and aggravating the generally accepted principles of international
circumstances law.
4. If there is no designation of the offense
Rule when offense is covered by ART. 2 OF
by the statute, reference shall be made
THE RPC: Crimes committed outside the
to the section or subsection of the
Philippines but punishable under Art. 2 of the
statute punishing it.
Revised Penal Code, shall be cognizable by any
DUPLICITY OF COMPLAINT OR Regional Trial Court where the criminal action is
INFORMATION – A complaint or information first filed.
must charge only one (1) offense, except when
AMENDMENT OF THE COMPLAINT OR
the law prescribes a single punishment for
INFORMATION
various offenses. Otherwise, if it charges 2 or
more offenses, then it is known as In Civil Procedure:
DUPLICITOUS COMPLAINT OR
INFORMATION, being so would be a ground for a. When no responsive pleading yet –
a Motion to Quash, unless waived. both substantial and formal
amendments are allowed.
PERSONS AUTHORIZED TO INSTITUTE OR b. When there is already a responsive
COMMENCE CRIMINAL CASES: pleading – substantial amendment is
allowed but with leave of court.
1. Offended Party 3. Prosecutor
2. Peace Officer 4. Public Officer In Criminal Procedure:
charged with the enforcement of the
law. a. Before Arraignment of the Accused –
WHERE TO FILE THE CASE: Subject to both formal and substantial
existing laws, the criminal action shall be amendments can be done.
instituted and tried in the court of the b. After Arraignment of the Accused –
municipality or territory where the offense was FORMAL amendment may be allowed
committed or where any of its essential as a matter of Judicial Discretion and
ingredients occurred. SUBSTANTIAL amendment is NOT
allowed.
Where offense is committed in a train,
aircraft or vehicle: The criminal action shall be THE FOLLOWING ARE SUBSTANTIAL
instituted and tried in the court of any AMENDMENTS:
municipality or territory where such train, aircraft
1. If the amendment changes the manner
or other vehicle passed during its trip, including
of the commission of the offense.
the places of its departure and arrival.
2. If it changes the name of the offended
That this rule applies when the offense is party.
committed in the course of the trip of the train, 3. If it changes the date of the commission
aircraft or vehicle. of the offense.
4. When the purpose of amendment is to
make the information charge an offense
 148

when the original information does not by the proper court in their respective territorial
charge an offense. jurisdiction.
5. When it changes the fact or ground of
responsibility alleged in the original ● Under A.M. No. 05-8-26-SC effective
information. Oct. 3, 2005, judges of the MTC and
Rule 111. Prosecution of Civil Action MCTC can no longer accept cases for
preliminary investigation.
INSTITUTION OF CRIMINAL AND CIVIL
ACTIONS – The general rule is that when a PROCEDURE IN CONDUCTING THE
criminal action is instituted, the civil action for PRELIMINARY INVESTIGATION
the recovery of the civil liability arising from the 1. The complaint shall state the address of
offense charged under Article 100 of the RPC the respondent and shall be
shall be deemed instituted with the criminal accompanied by the affidavits of the
action. complainant and his witnesses, as well
EXCEPTIONS: The civil action is not deemed as other supporting documents to
instituted in the following cases: establish probable cause. The affidavits
shall be subscribed to and sworn to
1. When the offended party has waived the before any prosecutor or government
civil action official authorized to administer oath or,
2. When the offended party has reserved t in their absence, before a notary public.
he right to institute it separately 2. Within 10 days after the filing of the
3. When the offended party has instituted t complaint, the investigating officer may
he civil action prior to the institution of either dismiss if it finds no ground to
the criminal action. continue with the investigation or issue
a subpoena to the respondent attaching
Rule 112. Preliminary Investigation. – An
it a copy of the complaint and the
inquiry or proceeding to determine whether there
supporting affidavits.
is sufficient ground to engender a well-founded
3. Within 10 days from receipt of the
belief that a crime has been committed and the
subpoena with the complaint and
respondent is probably guilty thereof and should
supporting affidavits and documents,
be held for trial.
the respondent shall submit his
The P.I. is required to be conducted before the counter-affidavit and that of his
filing of a complaint or information for an offense witnesses and other supporting
where the penalty prescribed by law is at least 4 documents relied upon for his defense.
YEARS, 2 MONTHS, and 1 DAY without regard The counter-affidavit shall be
to fine. subscribed to and sworn to.
4. If the respondent can be subpoenaed, or
OFFICERS AUTHORIZED TO CONDUCT if subpoenaed, does not submit
PRELIMINARY INVESTIGATION (P.I.) counter-affidavits within a 10-day
1. Provincial or City Prosecutors and their period, the investigating office shall
assistants. resolve the complaint based on the
2. National and Regional State evidence presented by the complainant.
Prosecutors; and 5. The investigating officer may set a
3. Other officers may be authorized by law. hearing if there are facts and issues to
be clarified. The parties can be present
Their authority to conduct Preliminary in a hearing but without the right to
Investigations shall include all crimes cognizable examine or cross-examine. The hearing
must be held within 10 days of the
 149

submission of the counter-affidavits and arrested, or (b) submission to the custody of the
other documents or from the expiration person making the arrest.
of their period of submission.
It may be made on any day and at any time of
6. After 10 days of the investigation, the
the day or night. No violence or unnecessary
investigating officer shall determine
force shall be used in making an arrest. It shall
whether or not there is sufficient ground
be the duty of the officer executing the warrant
to hold the respondent for trial.
to arrest the accused and deliver him to the
INQUEST – It is an informal and summary nearest police station or jail without unnecessary
investigation conducted by the public prosecutor delay.
in a criminal case involving persons ARRESTED
VALID ARREST WITHOUT WARRANT
AND DETAINED WITHOUT THE BENEFIT OF
A WARRANT OF ARREST issued by the court 1. IN FLAGRANTE DELICTO ARREST. –
for the purpose of determining WHETHER SAID This happens when, in his presence, the
PERSONS SHOULD REMAIN UNDER person to be arrested has committed, is
CUSTODY AND CORRESPONDINGLY actually committing, or is attempting to
CHARGED IN COURT. commit an offense.
2. HOT PURSUIT ARREST – This
INQUEST PRELIMINARY INVESTIGATION –
happens when an offense has just been
This happens when a person is lawfully arrested
committed and he has probable cause
without a warrant involving an offense which
to believe based on personal knowledge
requires a preliminary investigation, the
of facts and circumstances that the
complaint or information may be filed by a
person to be arrested has committed it.
prosecutor without need of such investigation
3. When the person to be arrested is a
provided an inquest has been conducted in
prisoner who has escaped from a penal
accordance with the existing Rules.
establishment or place where he is
In the absence or unavailability of an inquest serving final judgment or is temporarily
prosecutor, the complaint may be filed by the confined while the case is pending.
offended party or a peace officer directly with the
The person to be arrested without a warrant,
proper court on the basis of the affidavit of the
under paragraphs (a) and (b), shall be forthwith
offended party. Before the complaint or
delivered to the nearest police station or jail.
information is filed, the person arrested may ask
for a preliminary investigation, but he must sign Who may make the warrantless arrest – The
a WAIVER of the provisions of ARTICLE 125 of warrantless arrest may be made not only by a
the Revised Penal Code. peace officer but also by a private person. When
the latter makes the arrest under the
Record of preliminary investigation – The
circumstances provided for under the Rules, the
record of the preliminary investigation shall not
arrest is called “citizen’s arrest”.
form part of the record of the case. However, the
court, on its own initiative or on motion of any METHOD OF ARREST BY OFFICER BY
party, may order the production of the record or VIRTUE OF WARRANT OF ARREST – The
any of its part, when necessary, in the resolution officer shall inform the person to be arrested of
of the case or any incident therein, or when it is the cause of the arrest and the fact that a
to be introduced as evidence in the case by the warrant has been issued for his arrest. The
requesting party. officer need not have the warrant in his
possession at the time of the arrest but after the
Rule 113. Arrest – The taking of a person into
arrest, if the person arrested so requires, the
custody in order that he may be bound to
warrant shall be shown to him as soon as
answer for the commission of an offense. It is
practicable.
made by (a) actual restraint of a person to be
 150

METHOD OF ARREST BY OFFICER 1. The right to be assisted by counsel at all

WITHOUT A WARRANT – The officer shall times
inform the person to be arrested of his authority 2. The right to remain silent
and the cause of the arrest. 3. The right to be informed of the above
rights
METHOD OF ARREST BY PRIVATE PERSON
4. The right to be visited by the immediate
– A private person shall inform the person to be
members of his family, by his counsel,
arrested of the intention to arrest him and the
or by any non-governmental
cause of the arrest.
organization, national or international.
EXCEPTIONS, WHERE THE OFFICER’S
RIGHT OF ATTORNEY OR RELATIVE TO
FAILURE TO APPRISE THE ARRESTEE OF
VISIT THE PERSON ARRESTED – A LAWYER
HIS AUTHORITY AND THE CAUSE OF THE
shall have the right to visit and confer privately
ARREST, IS JUSTIFIED:
with such person in the jail or any other place of
- When the accused flees custody at any hour of the day or, of the night.
- When he forcibly resists before the Subject to reasonable regulations, a relative of
officer has opportunity to inform him the person arrested can also exercise the same
- When the giving of such information will right.
imperil the arrest
RIGHTS OF A PERSON UNDER CUSTODIAL
- When the accused is engaged in the
INVESTIGATION: (Phil. Consti., Art. III, Sec.
commission of an offense
12)
- When the accused is pursued
immediately after its commission (1) Any person under investigation for the
- When the accused is pursued commission of an offense shall have
immediately after escape. the right to be informed of his right to
A police officer making a lawful arrest may orally remain silent and to have competent
summon as many persons as he deems and independent counsel preferably of
necessary to assist him in effecting the arrest. his own choice. If the person cannot
Every person so summoned by an officer shall afford the services of counsel, he must
assist him in effecting the arrest when he can be provided with one. These rights
render such assistance without the detriment to cannot be waived except in writing and
himself. in the presence of counsel.
(2) No torture, force, violence, threat,
RIGHT OF OFFICER TO BREAK INTO
intimidation, or any other means which
BUILDING OR ENCLOSURE – An officer, in
vitiate the free will shall be used against
order to make an arrest either by virtue of a
him. Secret detention places, solitary,
warrant, or without a warrant, may break into
incommunicado, or other similar forms
any building or enclosure where the person to
of detention are prohibited.
be arrested is or is reasonably believed to be, if
(3) Any confession or admission obtained
he is refused admittance thereto, after
in violation of this, or Section 17 hereof
announcing his authority and purpose.
shall be inadmissible in evidence
RIGHT TO BREAK OUT FROM BUILDING OR against him.
ENCLOSURE – Whenever an officer has
CUSTODIAL INVESTIGATION – Is any
entered the building or enclosure in pursuit of
questioning by law enforcement after a
arresting an accused, he may break out
person has been taken into custody or otherwise
therefrom when necessary to liberate himself.
deprived of his freedom of action in any
Rights of a person arrested (RA 7438) significant way. It refers to the investigation
 151

conducted by law enforcement immediately after that warrants of arrests should

arrest for the commission of an offense. particularly describe the person or
persons to be arrested.
➔ Warrant of Arrest – is effective until
⮚
served. It can be served on any day and
But if there is sufficient description to
any time of day and night.
➔ Search Warrant – effective for 10 days identify the person to be arrested, the
only. It can be served on the day only, warrant is valid.
except if directed and determined to be GENERAL WARRANT – A general
necessary. warrant refers to a warrant providing a law-
EXECUTION OF WARRANT OF ARREST – enforcement officer with broad discretion or
The head of the office to whom the warrant of authority to search and seize unspecified places
arrest was delivered for execution shall cause or persons. A general warrant lacks a
the warrant to be executed within ten (10) days sufficiently particularized description of the
from its receipt. Within ten (10) days after the person or thing to be seized or the place to be
expiration of the period, the officer to whom it searched. This is not allowed.
was assigned for execution shall make a report
to the judge who issued the warrant. In case of ALIAS WARRANT – An Alias Warrant is issued
his failure to execute the warrant, he shall state when the subject fails to appear in court for a
the reasons, therefore. scheduled court date before any plea has been
entered or fails to respond to a citation in person
PERSONS NOT SUBJECT TO ARREST (Sec. or by mail. Failure to appear is an added charge.
11, Art. VI of 1987 Consti.) provides: “A senator
or member of the House of Representatives Rule 114. Bail. – The security given for the
shall, in all offenses punishable by not more release of a person in custody of the law
than six years imprisonment, be privileged from furnished by him or by a bondsman, to
arrest while the congress is in session***”. guarantee his appearance before any court.

- Under generally accepted principles of No person under detention by legal process

international law, sovereigns and other shall be released or transferred, except upon
chiefs of state, ambassadors, ministers’ order of the court or when he is admitted to bail.
plenipotentiary, ministers’ resident, and
CONSTITUTIONAL RIGHT TO BAIL – Under
charge d’ affairs are immune from the
Art. III, Sec. 13 of our Constitution:
criminal jurisdiction of the country of
their assignment and are therefore All persons shall before conviction, be bailable
immune from arrest. by sufficient sureties or be released on
- Republic Act 75 prohibits the arrest of recognizance, except those charged with
duly accredited ambassadors, public offenses punishable by reclusion perpetua or
ministers of a foreign country, their duly higher when evidence of guilt is strong. The right
registered domestics, subject to the to bail shall not be impaired even when the
principle of reciprocity. privilege of the writ of habeas corpus is
suspended. Excessive bail shall not be required.
WHEN IS JOHN DOE WARRANT VALID? A
John Doe warrant is a warrant for the WRIT OF HABEAS CORPUS – Latin for "you
apprehension of a person whose true name is have the body," it is a writ (court order) which
unknown. directs the law enforcement officials (prison
administrators, police or sheriff) who have
⮚ Generally, these kinds of warrants are custody of a prisoner to appear in court with the
void because they violate the prisoner to help the judge determine whether the
constitutional provision which requires prisoner is lawfully in prison or jail.
 152

Conditions of the bail: a. That he is a recidivist, quasi-recidivist, a

habitual delinquent, or has committed
(a) The undertaking shall be effective upon
the crime aggravated by the
approval, and unless cancelled, shall
circumstance of reiteracion.
remain in force at all stages of the case
b. That he has previously escaped from
until promulgation of the judgment of
legal confinement, evaded sentence or
the Regional Trial Court, irrespective of
violated the conditions of his bail without
whether the case was originally filed in
valid justification.
or appealed to it
c. That he committed the offense while
(b) The accused shall appear before the
under probation, parole or conditional
proper court whenever required by the
pardon.
court of these Rules
d. That the circumstances of his case
(c) The failure of the accused to appear at
indicate the probability of flight if
the trial without justification and despite
released on bail.
due notice shall be deemed a waiver of
e. That there is undue risk that he may
his right to be present thereat. In such
commit another crime during the
case, the trial may proceed in absentia;
pendency of the appeal.
and
(d) The bondsman shall surrender the BAIL WILL BE DENIED
accused to the court for execution of
1. Before Conviction, when the person is
the final judgment.
charged of an offense punishable by
BAIL AS MATTER OF RIGHT reclusion perpetua or life imprisonment
and the evidence of guilt is strong,
1. Before conviction by MTC, MCTC or
regardless of the stage of the
MTCC,
prosecution,
2. After conviction by MTC, MCTC or
2. After conviction by the RTC and the
MTCC,
penalty imposed is death, reclusion
3. Before conviction by the RTC of an
perpetua, or life imprisonment,
offense not punishable by death,
3. After conviction by the RTC where the
reclusion perpetua or life imprisonment,
penalty imposed is imprisonment
4. Before conviction by RTC when the
exceeding 6 years but not more than 20
offense is punishable by death,
years, and the case falls under sections
reclusion perpetua or life imprisonment
(a) to (e).
when the evidence of guilt is not strong.

The prosecution has the burden of showing

Right to Bail is not available in the military court
that evidence of guilt is strong.
as an exception to the general rule. This is
based on national security considerations. The CAPITAL OFFENSE – an offense, under the
court can only entertain a petition for bail if the law existing at the time of its commission and of
accused is already in custody. the application for admission to bail, may be
punished with death, reclusion perpetua, or life
BAIL AS A MATTER OF DISCRETION – Upon
imprisonment. No person charged with a capital
conviction by RTC of an offense not punishable
offense, or an offense punishable by reclusion
by death, reclusion perpetua or life
perpetua or life imprisonment, shall be admitted
imprisonment, EXCEPT IF any of the following is
to bail when evidence of guilt is strong,
present: (Rule 114, Section 5, a-e)
 153

regardless of the stage of the criminal undertaking, cause him to be arrested by a

prosecution. police officer or any person of suitable age and
discretion. An accused released on bail may be
Hearing is still required – It is not correct for
re-arrested without the necessity of a warrant of
the court to grant bail to one accused of
arrest if he attempts to depart the Philippines
reclusion perpetua or higher just because the
without permission of the court where the case
prosecutor does not object to the grant of bail.
is pending.
The absence of objection from the prosecutor is
never a basis for the grant of bail. The court FOUR KINDS OF BONDS
must conduct a hearing to determine whether or
1. Corporate Surety – any domestic or
not evidence of guilt is strong. (Narciso vs. Sta.
foreign corporation, licensed as surety in
Romana-Cruz, March 17, 2000).
accordance with the law and currently
To dispense with a hearing in cases of reclusion authorized to act as such, may provide
perpetua or higher shows ignorance or bail by a bond subscribed jointly by the
incompetence of the judge (Gregeda vs. accused and an officer of the
Tresvalles, 421 SCRA 500). corporation duly authorized by its board
of directors.
BAIL, WHERE TO FILE – Bail may be filed with
2. Property Bond – is an undertaking
the court where the case is pending, or in the
constituted as lien on the real property
absence or unavailability of the judge thereof,
given as security for the amount of the
with any regional trial judge, MTC, MTCC or
bail. Within 10 days after the approval of
MCTC in the province, city or municipality. If the
the bail, the accused shall cause the
accused is arrested in the province, city or
annotation of the lien on the certificate of
municipality other than where the case is
title.
pending, bail may also be filed with any
3. Deposit of Cash as bail – The accused
Regional Trial Court of said place, or if no judge
or any person acting on his behalf may
thereof is available, with any MTC, MCTC, or
deposit in cash with the nearest collector
MTCC judge therein.
of internal revenue or treasurer or court
Where the grant of bail is a matter of discretion, the amount of bail fixed by the court or
or the accused seeks to be released on recommended by the prosecutor who
recognizance, the application may only be filed investigated the case.
in the court where the case is pending. Any 4. Recognizance – is an obligation of
person in custody who is not yet charged in record, entered before some court or
court may apply for bail with any court in the magistrate duly authorized to take it,
province, city, or municipality where he is held. with the condition to do some particular
File a “PETITION TO POST BAIL.” act, the most usual condition in criminal
cases being the appearance of the
FORFEITURE OF BAIL – If the accused fails to accused for trial.
appear in person as required, his bail shall be The accused may be released in custody on his
declared forfeited, and the bondsman is given own recognizance or that of a responsible
30 days within which to produce their principal person.
and to show why no judgment should be
rendered against them for the amount of the In what cases recognizance may be availed
bail. of? Under R.A. 6036, recognizance may be
availed when the imposable penalty does not
ARREST OF ACCUSED OUT ON BAIL – For exceed six (6) months imprisonment and/or
the purpose of surrendering the accused, the 2,000.00 fine. It may also apply when the
bondsman may arrest him or, upon written accused has been imprisoned for a period that is
authority endorsed on certified copy of the equal to or more than the minimum period of the
 154

imposable penalty without application of the direct examination. His silence shall
Indeterminate Sentence Law. Also, under P.D. not in any manner prejudice him.
603, a youthful offender held for mental, 5. To be exempt from being compelled
physical examination, trial or appeal may apply to be a witness against himself.
for recognizance if he is unable to furnish bail. (RIGHT AGAINST SELF-
INCRIMINATION). – This is waivable
Guidelines For fixing the Amount of bail:
because once he testifies in court, he
Excessive bail shall not be required.
waives the privilege against self-
(a) Financial ability of the accused to give incrimination, and he can be cross-
bail examined like any other witness.
(b) Nature and circumstances of the offense This right against self-
(c) Penalty for the offense charged incrimination is not only limited to
(d) Character and reputation of the accused testimonial compulsion, but also to
(e) Age and health of the accused production by the accused of
(f) Weight of the evidence against the incriminating documents and things.
accused Mechanical act is not covered in
(g) Probability of the accused appearing at the protection. It only covers those acts
the trial which require concentration and
(h) Forfeiture of other bail intelligence.
(i) The fact that accused was a fugitive 6. To confront and cross-examine the
from justice when arrested; and witness against him at the trial. (Right
(j) Pendency of other cases where the to Confrontation) – This is waivable. It is
accused is on bail. waived if the accused decides to run
Rule 115. Rights of the Accused – In all away, jump bail or disappear. - he is
criminal prosecutions, the accused shall be automatically waiving his right to
entitled to the following rights: confront and cross-examine the
witnesses against him.
1. To be presumed innocent until the The said right is intended to
contrary is proved beyond prevent conviction of an accused upon
reasonable doubt. (Presumption of mere depositions and affidavit, to test
Innocence) – This is not waivable. This the recollection of witnesses against him
is to make the fight at least equal. The and to enable the court to observe the
evidence of the prosecutor must be demeanor of the witness who is
strong enough to establish the guilt of testifying.
the accused beyond reasonable doubt. 7. To have a compulsory process
2. To be informed of the nature and issued to secure the attendance of
cause of the accusation against him witnesses and production of other
– This is not waivable because public evidence on his behalf. (Right to
interest is involved in this right. Compulsory Process) – It is the right of
3. To be present and defend in person the accused to have a subpoena ad
and by counsel at every stage of the testificandum or a subpoena duces
proceeding, from arraignment to tecum issued on his behalf in order to
promulgation of the judgment. – This compel the attendance of witnesses and
is waivable as when the accused jumps the production of evidence.
bail, he is deemed to have waived his 8. To have speedy, impartial and public
right to be present during his trial. trials. – The determination as to
4. To testify as a witness on his own whether the right to speedy trial has
behalf but subject to cross- been violated are the following: (a) the
examination on matters covered by length of the delay; (b) the reason for
 155

the delay; (c) the assertion or failure to counsel of his choice, the Court must
assert such right by the accused; (d) the assign a counsel de officio to defend
prejudices caused by the delay. him
Three (3) Possible Remedies in 4. If the accused wants to have counsel of
case of Violation to Speedy Trial: (a) his own choice, he shall be given
The accused should oppose the reasonable time, therefore.
postponement and insist on trial; (b) If - The reason for this is that the Right to
the court grants a postponement every Counsel is an important part of the
time the prosecutor asks for it, over the process especially so that it is part of his
protest of the accused, the latter’s constitutional right. It is an integral part
remedy is mandamus to compel the of due process, and that all accused
dismissal of the case; and (c) If the shall enjoy the right to be heard by
accused is restrained of his liberty, his himself and counsel.
remedy is Habeas Corpus to obtain his
Bill of particulars – It is a more specific
freedom.
allegation. A defendant in a criminal case who
9. To appeal in all cases allowed and, in
believes or feels that he is not sufficiently
the manner, prescribed by law.
informed of the crime with which he is charged
Rule 116. Arraignment and Plea. and not in a position to defend himself properly
and adequately could move for a bill or
Arraignment – The formal mode of
particulars or specifications. If he does not do
implementing the constitutional right of the
so, whatever vagueness there may be in the
accused to be informed of the nature and cause
allegations may be cured by evidence.
of the accusation against him.
Section 9. Bill of particulars. — The accused
Plea – A formal response by the defendant to
may, before arraignment, move for a bill of
the affirmative assertions of the plaintiff in a civil
particulars to enable him properly to plead and
case or to the charges of the
to prepare for trial. The motion shall specify the
prosecutor in a criminal case.
alleged defects of the complaint or information
WHERE TO ARRAIGN THE ACCUSED: The and the details desired.
accused must be arraigned before the court PLEA OF GUILTY TO A LESSER OFFENSE:
where the complaint or information has been At arraignment, the accused with the consent of
filed or assigned for trial. The arraignment must the offended party and the prosecutor, may be
be made in open court by the judge or clerk by allowed by the trial court to plead guilty to a
furnishing the accused a copy of the complaint lesser offense which is necessarily included in
or information with the whether he pleads guilty the offense charged. After arraignment but
or not guilty. The prosecution may, however, call before trial, the accused may still be allowed to
at the trial witnesses other than those named in plead guilty to said lesser offense after
the complaint or information. withdrawing his plea of not guilty.

DUTIES OF THE COURT BEFORE When the accused pleads guilty to a capital
ARRAIGNING THE ACCUSED offense, the Court shall:

1. Before arraignment, the court shall a. conduct a searching inquiry into the
inform the accused of his right to voluntariness and full comprehension of
counsel the consequences of his plea
2. The Court shall ask him if he desires to b. require the prosecution to prove his guilt
have one and the precise degree of culpability
3. Unless the accused is allowed to defend c. may allow the accused to present
himself in person, or he has employed evidence on his behalf.
 156

GROUNDS FOR SUSPENSION OF AN May a prosecutor file information for

ARRAIGNMENT: violation of election laws? As a rule, no,
because only the Comelec may file and
1. Accused appears to be suffering from
prosecute cases involving election offenses.
an unsound mental condition which
However, if the prosecutor was designated by
effectively renders him unable to fully
the Comelec to conduct the investigation and file
understand the charge against him and
the case, then, he can do so as an exception to
to plead intelligently thereto,
the rule.
2. There exists a prejudicial question; and
3. A petition for review of the resolution of 5. That it does not conform substantially to
the prosecutor is pending at the the prescribed form – In making the
Department of Justice (DOJ). information or complaint, the same must
conform the prescribed form stated in
Prejudicial Question – That which arises in a
Rule 110 (as to the place, time etc.) and
case the resolution of which is a logical
Rule 112 (as to the required Certification)
antecedent of the issue involved therein, and the
6. That more than one offense is charged
cognizance of which pertains to another tribunal.
except when a single punishment for
The prejudicial question must be determinative various offenses is prescribed by law –
of the case before the court but the jurisdiction This refers to the duplicitous complaint or
to try and resolve the question must be lodged in information. However, under Rule 120,
another court or tribunal. It is a question based Section 3, it is waivable (If the accused
on a fact distinct and separate from the crime fails to object to it before trial, the court
but so intimately connected with it that it may convict him of as many offenses as
determines the guilt or innocence of the are charged and proved and impose on
accused. him the penalty for each offense).
7. That the criminal action or liability has
For example, in a criminal case for bigamy, the been extinguished. How is criminal
accused may raise the pendency of a civil suit liability extinguished? (a) Death of the
for the declaration of nullity of his marriage to convict; (b) Service of sentence; (c)
defer the proceedings of the bigamy case. Amnesty; (d) Absolute Pardon; (e)
Prescription of the crime; (f) Prescription
Rule 117. Motion to Quash. – At any time
of penalty; and (g) Marriage by the
BEFORE entering his plea, the accused may
offended woman as provided by Art. 344
move to quash the complaint or information.
of RPC
GROUNDS:
8. That it contains averments which, if true,
1. That the facts charged do not constitute would constitute a legal excuse or
offense justification. “For the alleged privilege to
2. That the court trying the case has no be a ground for quashing the information,
jurisdiction over the offense charged the same should have been averred in
3. That the court trying the case has no the information itself. If it is not stated,
jurisdiction over the person of the then it is not admitted—such as Self-
accused defense and Insanity.”
4. That the officer who filed the information 9. That the accused has been previously
had no authority do so convicted or acquitted of the offense
charged, or the case against him was
So, if it was the clerk who signed for the City dismissed or otherwise terminated
Prosecutor, the accused can move to quash without his express consent. (DOUBLE
because the clerk is not authorized. JEOPARDY) – The only ground that the
Court will consider motu proprio, is lack
 157

of jurisdiction over the offense charged, FORM REQUIRED IN THE PRE-TRIAL

even if not raised in the motion to quash. AGREEMENT: Any agreement or admission
entered during the pre-trial conference should
REQUISITES OF DOUBLE JEOPARDY IN
be – (a) In writing; (b) Signed by the accused;
ORDER TO ATTACH
and (c) Signed by the Counsel. A pre-trial
a. The former complaint or information is agreement that does not follow this form cannot
valid, be used against the accused.
b. It was filed in a court of competent
PLEA BARGAINING – It is the disposition of
jurisdiction,
criminal charges by agreement between the
c. The accused had been arraigned under
prosecution and the accused. The accused and
said complaint or information, and
the prosecutor in a criminal case work out a
d. The accused had pleaded to the same.
mutually satisfactory disposition of the case
e. The case is dismissed or terminated
subject to court approval.
without the expressed consent of the
accused. It usually involves the defendant’s pleading
guilty to a lesser offense or to only one or some
EFFECT OF SUSTAINING THE MOTION TO
of the counts of a multi-count indictment in
QUASH – If the Motion to Quash is sustained,
return for a lighter sentence than that for the
the court may order that another complaint or
graver charge. It is encouraged because it leads
information be filed, EXCEPT if the Motion was
to prompt and final disposition of most criminal
based on the grounds specified in Section 3 (g)
cases. It shortens the time between charge and
Extinction of Criminal Liability and Section 3 (i)
disposition and enhances whatever may be the
Double Jeopardy.
rehabilitative prospects of the guilty when they
Rule 118. Pre-Trial – It is the basic purpose of are ultimately imprisoned.
the Pre-trial in criminal cases to expedite the
Rule 119. Trial. – after a plea of not guilty is
trial. It is the process whereby the accused and
entered, the accused shall have at least fifteen
the prosecutor in a criminal case work out a
(15) days to prepare for trial. The trial shall
mutually satisfactory disposition of the case
commence within thirty (30) days from receipt of
subject to court approval. The pre-trial
the pre-trial order.
conference shall consider the following:
Trial once commenced shall continue from day
a. Plea-Bargaining
to day as far as practicable until terminated; but
b. Stipulation of facts
for good cause, it may be postponed for a
c. Marking for Identification of evidence of
reasonable period of time. Trial shall be
the parties
terminated within 180 days from the initial trial
d. Waiver of objections to admissibility of
hearing.
evidence
e. Modification of the order of trial, and SOME RULES TO BE OBSERVED IN TRIAL
f. Such other matters will promote fair and IN ABSENTIA
expeditious trials.
1. Trial In Absentia is allowed only after
NON-APPEARANCE AT PRE-TRIAL arraignment,
CONFERENCE – If the counsel for the accused 2. Judgment is generally void if the accused
or the prosecutor does not appear at the pre-trial has not been arraigned,
conference and does not offer an acceptable 3. There can be no arraignment in absentia.
excuse for his lack of cooperation, the court may The accused must be physically present
impose proper sanctions or penalties. and personally enter his plea.

ORDER OF TRIAL
 158

1. The prosecution shall present evidence the offense committed, except the
to prove the charge and, in the proper testimony of said accused
case, the civil liability. c. The testimony of the said accused can
2. The accused may present evidence to be substantially corroborated in its
prove his defense, and damages, if any, material points.
arising from the issuance of any d. Said accused does not appear to be the
provisional remedy in the case. most guilty
3. The parties may then respectively e. Said accused has not at any time been
present rebutting evidence only, unless convicted of any offense involving moral
the court, in furtherance of justice, turpitude.
permits them to present additional
Moral Turpitude. – A phrase used in Criminal
evidence bearing upon the main issue
Law to describe conduct that is considered
4. Upon admission of the evidence, the
contrary to community standards of justice,
case shall be deemed submitted for
honesty, or good morals. Crimes involving moral
decision unless the court directs the
turpitude have an inherent quality of baseness,
parties to argue orally or to submit
vileness, or depravity with respect to a person's
memoranda.
duty to another or to society in general.
5. However, when the accused admits the
act or omission charged in the complaint State Witness – The evidence laid down in the
or information but interposes a lawful hearing for the discharge of an accused shall
defense, the order of trial may be automatically form part of the trial. If the Court
modified accordingly. denies the motion for discharge of the accused
as a State Witness, his sworn statement shall be
EFFECT IF THE ACCUSED FAILED TO
inadmissible in evidence.
APPEAR WHEN THE PROSECUTION
WITNESS IS EXAMINED – Failure or refusal on What is the effect of the discharge of the
the part of the accused to attend the accused? It operates as an acquittal of the
examination after notice herein shall be accused and a bar to further prosecution for the
considered a waiver. The statement, thus, taken same offense. EXCEPTIONS: (1) If the accused
may be admitted on behalf of, or against the refuses or fails to testify against his co-accused;
accused. and (2) If he was granted immunity and fails to
keep his part of the agreement, his confession of
When may an accused be discharged to
his participation in the commission of the offense
become a State Witness? When two or more
is admissible in evidence.
persons are jointly charged with the commission
of any offense, upon motion of the prosecution AFTER THE PROSECUTION RESTS ITS CAS
before resting its case, the Court may direct one E, WHAT ARE THE OPTIONS OF THE
or more of the accused to be discharged with ACCUSED? The ACCUSED MAY DO THE
their consent so that they may be witnesses for FOLLOWING: (1) File a demurrer to evidence
the State when after requiring the prosecution to with leave or without leave of court; and (2)
present evidence and the sworn statement of Adduce his evidence unless he waives the
each proposed state witness at a hearing in same.
support of the discharge, the Court is satisfied
that: WHAT IS A DEMURRER TO EVIDENCE? – It
is a motion to dismiss the case filed by the
a. There is absolute necessity for the defense after the prosecution rests on the
testimony of the accused whose ground of insufficiency of the evidence of the
discharge is requested. prosecution.
b. There is no other direct evidence
available for the proper prosecution of
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It has been said that a motion to dismiss under Can the judge impose an alternative penalty?
the Rules of Court takes place of a demurrer, No, the judge cannot impose alternative
which pleading raised questions of law as to penalties. The penalty imposed must be definite.
sufficiency of the pleading apparent on the face
When the judge imposes alternative penalties,
thereof.
giving the defendant the right to choose which to
EFFECT OF FILING THE DEMURRER TO serve, he gives discretion belonging to the court
EVIDENCE WITHOUT LEAVE OF COURT – If to the accused.
the court denies the demurrer to evidence which
When does a judgment become final? (1)
was filed without leave of court, the accused is
After the lapse of time for perfecting an appeal;
deemed to have waived his right
(2) When the sentence has been partially or
to present evidence and submits the case
totally satisfied; (3) When the accused has
for judgment on basis of the evidence of the
expressly waived his right to appeal; and (4)
prosecution.
When the accused has applied for probation.
This is because demurrer to evidence is not a
Rule 121. New Trial or Reconsideration. The
matter of right but is discretionary on the court.
person convicted may avail of the following
Permission of the court has to be obtained
remedies: (1) Motion for New Trial; (2) Motion
before it is filed, otherwise the accused loses
for Reconsideration; and (3) Appeal.
certain rights.
Motion for new trial – This remedy is availed of
Rule 120. Judgment. – is the adjudication by
at any time before the judgment of conviction
the court that the accused is guilty or not guilty
becomes final. The motion may be filed by the
of the offense charged and the imposition on
accused or even at the instance of the court. In
him of the proper penalty and civil liability, if any.
the latter case, it must be with the consent of the
PROMULGATION OF JUDGMENT – The accused.
judgment is promulgated by reading in the
Grounds for new trial:
presence of the accused and any judge of the
court in which it is rendered. If the conviction is a. That errors of law or irregularities
for light offense, the judgment may be prejudicial to the substantial rights of the
pronounced in the presence of the counsel of accused have been committed during
the accused or his representative. trial.
b. That new and material evidence has
In case the accused fails to appear at the
been discovered which the accused
scheduled date of promulgation of judgment
could not have discovered with
despite notice, the promulgation shall be made
reasonable diligence and produced
by recording the judgment in the criminal docket
during trial and which if introduced and
and serving him a copy thereof at his last known
admitted would probably change the
address or thru his counsel.
judgment.
If the accused is convicted and his failure to
Grounds for Motion for Reconsideration: The
appear was without justifiable cause, he shall
grounds for motion for reconsideration are errors
lose his remedies against the judgment under
of law or fact in the judgment which requires no
the rules, and the court shall order his arrest. If
further proceedings.
he surrenders within 15 days from the
promulgation of judgment, he may file a motion
for leave to avail himself of the remedies.
Rule 122. Appeal. – Any party may appeal from
a judgment or final order except if a party will be
placed in double jeopardy. If the judgment is that
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of the MTC, the appeal is to the RTC; in cases When is appeal perfected? Appeals in criminal
decided by the RTC, the appeal is to the CA or cases are perfected when the interested party or
the SC in the proper case; If the judgment is parties have personally or through their attorney
rendered by the CA, the appeal is to the SC; If filed with the clerk of court a written notice
rendered by the Sandiganbayan, the appeal is expressly stating the appeal.
to the SC.
Rule 126. Search and Seizure. ARTICLE III,
Section 3. How appeal taken: (a) The appeal to SEC. 2, PHIL. CONSTITUTION – RIGHT
the Regional Trial Court, or to the Court of AGAINST UNREASONABLE ARREST,
Appeals in cases decided by the Regional Trial SEARCH AND SEIZURE - The right of the
Court in the exercise of its original jurisdiction, people to be secure in their persons, houses,
shall be taken by filing a notice of appeal with papers, and effects against
the court which rendered the judgment or final unreasonable searches and seizures of
order appealed from and by serving a copy whatever nature and for any purpose shall be
thereof upon the adverse party. inviolable, and no search warrant or warrant of
arrest shall issue except upon probable cause to
(b) The appeal to the Court of Appeals in cases
be determined personally by the judge after
decided by the Regional Trial Court in the
examination under oath or affirmation of the
exercise of its appellate jurisdiction shall be by
complainant and the witnesses he may produce,
petition for review under Rule 42.
and particularly describing the place to be
(c) The appeal to the Supreme Court in cases searched and the persons or things to be
where the penalty imposed by the Regional Trial seized.
Court is death, reclusion perpetua, or life
SEARCH WARRANT – An order in writing
imprisonment, or where a lesser penalty is
issued in the name of the People of the
imposed but for offenses committed on the
Philippines, signed by the judge and directed to
same occasion or which arose out of the same
a peace officer commanding him to search for
occurrence that gave rise to the more serious
personal property described therein and bring it
offense for which the penalty of death, reclusion
before the court.
perpetua, or life imprisonment is imposed, shall
be by filing a notice of appeal in accordance with WHERE TO APPLY FOR A SEARCH
paragraph (a) of this section. WARRANT: (1) Any court within whose
territorial jurisdiction a crime was committed;
Section 6. When appeal is to be taken. – An
and (2) For compelling reasons stated in the
appeal must be taken within fifteen (15) days
application, any court within the judicial region
from promulgation of the judgment or from
where the crime was committed if the place of
notice of the final order appealed from. This
the commission of the crime is known, or any
period for perfecting an appeal shall be
court within the judicial region where the warrant
suspended from the time a motion for new trial
shall be enforced. However, if the criminal action
or reconsideration is filed until notice of the order
has already been filed, the application shall only
overruling the motion shall have been served
be made in the court where the criminal action is
upon the accused or his counsel at which time
pending.
the balance of the period begins to run.
PERSONAL PROPERTIES TO BE SEIZED: A
Can the prosecution appeal a judgment of
warrant may be issued for the search and
acquittal? No, because it would place the
seizure of personal property — (1) subject of the
accused in double jeopardy. However, the
offense; (2) stolen or embezzled or are the
offended party may appeal against the civil
proceeds or fruits of an offense; and (3) used or
aspect of the case.
intended to be used as the means of committing
an offense.
 161

REQUISITES FOR THE ISSUANCE OF THE warrant must give a detailed receipt for the
SEARCH WARRANT: same to the lawful occupant of the premises in
whose presence the search and seizure were
1. There must be an application which
made, or in the absence of such occupant, must,
must be under oath
in the presence of at least two witnesses of
2. There must be an affidavit in support of
sufficient age and discretion residing in the
the application. The affidavit must be
same locality, leave a receipt in the place in
based on the personal knowledge of the
which he found the seized property.
affiant
3. The search warrant must particularly INSTANCES OF A VALID WARRANTLESS
describe the place to be searched and Search
the person or things to be seized
1. Those made incidental to a lawful arrest
4. There is probable cause for its issuance
2. Searches in “plain view”
5. A search warrant shall be issued in
3. Searches of Moving Vehicles
connection with one offense.
4. Consented searches
PROBABLE CAUSE – Refers to such facts and 5. Customs searches
circumstances which could lead a reasonable 6. Stop and frisk situations
discreet and prudent man to believe that an 7. Exigent searches or searches during
offense has been committed and that the emergency situations.
item(s), article(s) or object(s) sought in
Search incident to a lawful arrest – a person
connection with the said offense or object to
lawfully arrested may be searched for
seizure or destruction by law is in the place to be
dangerous weapons or anything which may
searched.
have been used or constitute proof in the
SERVICE OF WARRANT – The warrant must commission of an offense without a search
direct that it be served in the daytime, unless the warrant. (Sec.13 Rule 126, Rules of Court).
affidavit asserts that the property is on the
Plain view doctrine – This doctrine authorizes
person or in the place ordered to be searched, in
a search and a seizure without a warrant. For
which case a direction may be inserted that it be
the doctrine to apply, the following must be met:
served at any time of the day or night.

VALIDITY OF THE SEARCH WARRANT: A ● There must have been a legal presence
Search Warrant shall be valid for ten (10) days in the place where the search is made
from its date. Thereafter, it shall be void.
● The evidence was discovered
● Under the Rules of Court, a search inadvertently by an officer with a right to
warrant has a lifetime of ten days. Hence, be where he is
it could be served at any time within the ● The evidence is immediately apparently
said period, and if its object or purpose illegal
cannot be accomplished in one day, the
same may be continued the following day ● There is no need for any further search
or days until completed. Thus, when the to obtain the evidence (People vs.
search under warrant on one day was Concepcion, 361 SCRA 540).
interrupted, it may be continued under the
same warrant the following day, provided it Stop and frisk – In direct contrast with
is still within the ten-day period. warrantless searches incidental to a lawful
arrest, stop and frisk searches are conducted to
RECEIPT OF THE PROPERTY SEIZED – The deter crime. The Court in People v. Cogaed
police officer seizing the property under the underscored that they are necessary for law
 162

enforcement, though never at the expense of preserve and protect rights and interests therein
violating a citizen's right to privacy: "Stop and pending rendition, and for the purpose of
frisk" searches (sometimes referred to as Terry ultimately affecting a final judgment in the case
Searches) are necessary for law enforcement.
1. Attachment – A provisional remedy
That is, law enforcers should be given the legal
issued upon order of the court where an
arsenal to prevent the commission of offenses.
action is pending to be levied upon the
However, this should be balanced with the need
property or properties of the adverse
to protect the privacy of citizens in accordance
party therein, the same to be held
with Article III, Section 2 of the Constitution.
thereafter by the sheriff as security for
WHAT IS A STOP AND FRISK SITUATION? the satisfaction of whatever judgment
WHEN IS IT VALID? It is a situation wherein might be secured in said action by the
there is a limited protective search of outer attaching party against the adverse
clothing for weapons. While probable cause is party.
not required to conduct a stop and frisk, mere
Attachment may be availed:
suspicion or a hunch will not validate such a
procedure. A genuine reason must exist, in (a) When the accused is about to abscond
light of the police officer’s experience and from the Philippines
surrounding conditions, to warrant the belief that (b) When the criminal action is based on a
the person has detained the weapons concealed claim for money or property embezzled
about him. or fraudulently misapplied or converted to
the use of the accused who is a public
Where should one file the motion to quash
officer, officer of a corporation, attorney,
the warrant? (1) In the court where the action
factor, broker, agent or clerk, in the
has been instituted; (2) If no criminal action has
course of his employment as such, or by
been filed, in the court that issued the warrant;
any other person in a fiduciary capacity,
and (3) However, if said court failed to resolve
or for a willful violation of duty
the motion and criminal case is subsequently
(c) When the accused has concealed,
filed in another court, the motion shall be filed in
removed, or disposed of his property, or
the latter court.
is about to do so
What is the Total Exclusionary Rule? This (d) When the accused resides outside the
means that the things and objects seized in Philippines.
violation of the right against unreasonable 2. Preliminary Injunction – An order
searches and seizures are fruits of the granted at any stage of an action or
poisonous tree and are inadmissible as proceeding prior to the judgment or final
evidence. order, requiring a party or a court,
agency or a person to refrain from a
Fruits of the Poisonous Tree – Evidence will
particular act or acts. It may also require
be excluded if it was gained through evidence
the performance of a particular act or
uncovered in an illegal arrest, unreasonable
acts, in which case it shall be known as
search or coercive interrogation, or violation of a
a preliminary mandatory injunction.
particular exclusionary law. It is based on the
3. Temporary Restraining Order (TRO) –
principle that evidence illegally obtained by the
An order which may be issued upon the
state should not be used to gain other evidence
filing of an application for preliminary
because the original illegally obtained evidence
injunction forbidding the defendant to do
taints all those subsequently obtained.
the threatened act until a hearing on the
PROVISIONAL REMEDIES – Writs and application can be had.
processes available during the pendency of the 4. Receivership – Provisional remedy by
action which may be resorted to by a litigant to which the court appoints a receiver as
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its representative and on behalf of all

the parties to an action for the purpose
of preserving and conserving the
property in litigation and to prevent
possible wastage or dissipation or
otherwise to carry the judgment into
effect.
5. Replevin – Court orders the seizure of
personal property claimed by a party as
his which is allegedly wrongfully taken
or detained by another person and to be
delivered to the former to be retained by
him during the pendency of the action.
6. Support Pendente Lite – Order issued
by a court in which an action for support
has been filed fixing an amount of
support to be given by the adverse party
to the applicant during the pendency of
the case.