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Criminal Jurisprudence and ProcedureThe Board of Examiners for Criminologists in the Philippines is created for the purpose of regulating thepractice ofCriminology.It has the power to issue, suspend, or revoke certificate of registration for thepractice of criminologyand to administer oath.All applicants for registration as criminologists shall berequired to undergo and examination.The examination shall be in writing and shall cover the following subjects with their respective relativeweights.

Subjects

Criminal Jurisprudence and Procedure

Law Enforcement AdministrationCorrectional Administration

Criminalistics

Criminal SociologyEthics and Human Relations

Relative Weight

20%

20%15%

20%

15%10%

Criminal Jurisprudence and Procedure is further subdivided into:1. Criminal Law 1 - Study of the Revised Penal Code book 1, special criminal statutes, Presidential Decrees,and

Letters of Instructions.2. Criminal Law 2 - Study of the Revised Penal Code book 23. Criminal Procedure - Study of the Rules of Court and Criminal Procedure covering the law on arrest, searchand

seizure, Preliminary Investigation and the granting of bail to an accused person; Rights of the accusedperson

during the trial and the manner of prosecution of criminal offenses; Procedures in arraignment and trialand

discharge of one of several defendants as state witness; Rules governing arrest without warrant and theuse of

firearms in case of resistance to an arrest; Study of court decisions regarding arrest and searchand seizure.4. Criminal Evidence - Study of the fundamental principle of criminal evidence as embodied in the rules ofcourt.

Civil Law

1. Filed by a private party.

a corporation

an individual person

2. Penalty: a guilty defendant pays the plaintiff forlosses caused by their actions.

no incarceration

Crimes are divided into 2 classes1. Misdemeanors - less than one year of incarceration2. Felonies - sentence of one year or more.

During the times of the Romans, a criminal charge meant presenting the case before the public.Both theperson accused of the crime and the accuser would give speeches based on their side of the story.Theindividual with the best argumentation would determine the outcome of the case.

Criminal Law1. Filed by the government2. Penalty: a guilty defendant is punished by

incarceration in jail or prison

fine paid to the government

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execution (death penalty)

Procedure

Introduction:

Etymology: Krimea [Greek]: meaning, to charge a wrongdoing

Criminal ProcedureThe method prescribed by law for the apprehension and prosecution of persons accused ofany criminal offense, and their punishment, in case of conviction.

It is concerned with the procedural steps through which a criminal case passes, commencingwith the initial investigation of a crime and concluding with the unconditional release ofthe offender.

It is a generic term used to describe the network of laws and rules which govern theprocedural administration ofcriminal justice.

Criminal JurisdictionThe authority to hear and decide a particular offense and impose punishment for it. It hasthree requisites, namely:

Subject matter cases of the general class where the proceedings in question belong asdetermined by the nature of the offense and by the penalty imposed by law;

Territory the geographical limits of the territory over which the court presides and wherethe offense wascommitted; andPerson of the accused acquired thru: a) arrest [with warrant or warrantless] or b) voluntarysurrender.

I. Prosecution of Offenses

How instituted?By filing the: 1) Complaint, or 2) Information.

ComplaintA sworn written statement charging a person with an offenseExecuted and Subscribed by the O.P.A.O. [Offended Party, Any peace officer, or Other publicofficer charged with the enforcement of the law violated].May be filed in the prosecutors office or directly to the court

Information1.An accusation in writing2. Subscribed by the Prosecutor3.Filed with the court

Both are:1. In writing2. In the name of the People of the Philippines3. Directed against all persons who appear to be responsible for the offense involved.

Elements of a complaint or information:1. Formal elements, and2. Substantive elements.

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It must be:1. Sufficient in form, and2. Sufficient in substance

Thus, under Section 14, of Rule 110, a complaint or information may be amended, in form

and in substance .

A complaint or information is sufficient in form if it states: [N.D.A.N.A.P.]1. The Name of the accused2. The Designation of the offense given by the statute3. The Acts or omissions complained of as constituting the offense4.The Name of the offended party5. The Approximate date of the commission of the offense6. The Place where the offense was committed.

A complaint or information is sufficient in substance if it doesnt contain any of the defectswhich is a ground for a motion to quash. (Section 3, Rule 117)

Note: A motion to quash, once granted, is equivalent to dismissal (but not acquittal).

Remedy if a complaint or information is defective:I. If defective in form

a) court may dismiss the complaint or information motu propio or upon motion, orb) accused may move for a BILL OF PARTICULARS

II. If defective in substance No obligation is imposed on the judge to point out theduplicitousness or other defect in the indictment on which an accused is being arraigned. Itis for the accused to move for a motion to quash on the ground that the complaint orinformation charges more than one offense, under sanction of waiver and loss of ground ofobjection (Concurring opinion of CJ Narvasa, People v. Bartulay, 192 SCRA 632)

Note: For certain classes of Actions, it is the tribunal having jurisdiction whichautomatically determines whether or not the papers are in order before giving it due course,meaning, it satisfies itself if the complaint or information is sufficient in form and insubstance.

Examples:Articles of Impeachment in an impeachment proceedingsPresidential Election Protest

This is not so in criminal proceedings. It is incumbent upon the accused to object onsubstantive defects (People v. Bartulay, supra).

Query:

JP was charged for indiscriminate firing. He claimed that he has to fire his gun in self-defense

because there was an actual threat on his person and the firing of warning shots wasreasonably necessary in order to prevent or repel the unlawful aggression directed againsthim. Despite this, the fiscal went on to file the information in court. May JP claim that theinformation, though sufficient in form, is defective in substance? Why?

No. JP cannot claim that the information is defective in substance. This is so because self-defense is not a ground for a motion to quash but a matter of defense. If proven, self-defense is a basis for acquittal, not dismissal.

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Any explanation or defense which the defendant may want to invoke can be properly raisedduring trial (Galvez v. CA, 237 SCRA 685).

Distinction between Acquittal and Dismissal:1. Acquittal is based on MERITS of the case (substantive) ex: accused A was found innocentof killing B.

2. Dismissal is based on TECHNICALITY (procedural) ex: the crime has already prescribed.

Notes:1. There are certain classes of offenses that cannot be prosecuted de officio 1privateoffenses, i.e. adultery, concubinage, etc. and 2private libels, i.e. defamation imputingprivate offenses.2. For some offenses, there are conditions precedents before plaintiff can repair to thecourts for redress [i.e. those requiring mediation at the lupong tagapamayapa]. However,non-compliance of this rule is not jurisdictional. The failure of the plaintiff to comply with theconciliation requirement of Sec. 40 under the Local Government Code of 1991 does notaffect the Courts jurisdiction if no timely objection is made [San Miguel Village School v.Pundogar, 173 SCRA 704, Bejar v. CA, 169 SCRA 566].3. All criminal actions, whether commenced by filing ofcomplaint or information, areunder the direct control of the prosecutor.

Queries:

I. A, B, C, D were charged with homicide. Preliminary investigation was conducted by thefiscal who found sufficient evidence against all, but, according to his determination, D wasthe least guilty. So the fiscal filed the information only against A, B, and C leaving out Dwhom he would utilize as state witness. Is the fiscal correct?

Under the Rules of Court, the fiscal cannot exclude D without court approval. It would be agrave abuse of discretion on the part of the court in not including D in the informationbecause of the prosecutors finding that there is sufficient evidence against all. There was nomore necessity to utilize D as a state witness.

Exeption:Under the Witness Protection Act, the prosecutor has the discretion of discharging anaccused as a state witness and no court approval is necessary.

II. Is designation of the offense an essential element of the complaint or information? Why?Give the exception, if any.

No. Because in case of conflict between the designation of the offense and the allegations,the allegation prevails.

The exception is when the allegation is so ambiguous that it may be interpreted to meaneither one or another offense, then the designation of the offense is controlling (Case of USv. Dixon, where the designation is for trespassing but the allegations indicates either

trespassing or a possible attempted rape).

II. Prosecution of Civil Action

Basis:Art. 100, RPC - Every person criminally liable is also civilly liable

Generally, when a person commits a crime, he offends two entities, namely:1) The State [whose laws he violated]; and

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2) The individual [whose person, right, honor, chastity, or property was actually or directlyinjured or damaged by the same acts or omissions].

Exception:When the infraction falls under the class of offenses called victimless crimes like gambling,betting on illegal cock fights, drug addiction, prostitution, etc. etc. under the theory that

the offender himself is his own victim.

Sec. 1, Rule 111 - When a criminal action is instituted, the civil action for the recovery ofcivil liability is deemed instituted with the criminal action unless the offended party:Waives the civil action;Reserves the right to institute it separately; orInstitutes the civil action prior to the criminal action

Principle of proferrence of criminal action over civil action:After the criminal action has been commenced, the separate civil action arising therefromcannot be instituted until final judgment has been entered in the criminal action.

If the criminal action is filed after the said civil action has already been instituted, the lattershall be suspended in whatever stage it may be found before judgments on the merits xxx.

Reason for the rule:Criminal action is based on an offense committed against the laws of the State while civilaction is based on an injury to individual rights. Public interest is superior over private one.

Exception to the rule of proferrence of criminal action over civil actionWhen the independent Civil Action is based on Articles 32, 33, 34 and 2176 of the Civil Code.When there is a prejudicial question in the civil case that must be decided first before thecriminal action can proceed because the decision in the civil action is vital to the judgmentof the criminal case.

Elements of Prejudicial Question:The previously instituted civil action involves an issue similar or intimately related to theissue raised in the subsequent criminal action, and

The resolution of such issue determines whether or not the criminal action may proceed.

Queries:

1. Nobern married Armie on 2005. On 2006, Nobern married X. On 2007, Armie filed acriminal case for bigamy against Nobern. On 2008, X filed a civil case for annulment againstNobern on the ground that their marriage was void ab initio for having been contractedduring the subsistence of Noberns prior marriage to Armie without X knowing it.

Is there a prejudicial question? Why?

2. Nobern married Armie on 2005. On 2006, Nobern married X because X threatened to kill

him unless he marries X. On 2007, Nobern filed an annulment against X on the ground ofthreat and intimidation. On 2008, Armie filed a criminal case for bigamy against Nobernupon learning of Noberns marriage to X.

Is there a prejudicial question? Why?

Note:Prejudicial question is subject to the principle that he who comes into court must come withclean hands. The accused cannot be permitted to use the law in order to frustrate the ends

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of justice. Good faith or bad faith is important.

III. Preliminary Investigation

Defined

It is an inquiry or proceeding to determine whether there is sufficient ground to engender awell-founded belief that a crime has been committed and the respondent is probably guiltythereof, and should be held for trial.

When required?Before the filing of complaint or information for an offense where the penalty prescribed bylaw is imprisonment of at least 4 years, 2 months and 1 day, without regard to fine.

When NOT REQUIRED:In cases where the penalty imposed by law is NOT at least 4 years, 2 month, & 1 dayIn case of a valid warantless arrest [shall proceed in inquest]

Officers authorized to conduct PIProvincial or City Prosecutors and their assistants;National and Regional State Prosecutors; andOther officers as may be authorized by law [COMELEC during Election Period, Ombudsman,etc.]

Note: Effective 2004, judges of the lower court canno longer conduct PreliminaryInvestigations.

Rules:1. The complaint must be sufficient in form [See notes in Prosecution of Offenses, supra]2. Supported by affidavits of the complainant and his witnesses3. Numbers of copies are proportionate to the number of respondents plus 2 official copies

1. Within 10 days after the filing, fiscal determines if there is prima facie case. If no dismiss. If yes issue subpoenas.2. Within 10 days after receipt of subpoena with the complaint and supporting affidavits anddocuments respondent submits counter affidavits.3. In case respondent cannot be subpoenaed or does not submit counter affidavit within 10days investigating officer resolves the complaint on the basis of evidence presented bycomplainant.

Clarificatory hearing if there are facts and issues to be clarified from a party or witness -within 10 days after submission of counter affidavit. No direct examinations. Questions mustbe addressed to the fiscal.

Resolution within 10 days after the investigation.Forwarding of fiscals resolution to superiors within 5 days

Superiors shall act on the resolution within 10 days

IV. Arrest

Defined:1. [Based on Rules of Court] The taking of a person in custody in order that he may bebound to answer for the commission of an offense (Sec. 1, RRC)

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2. [Based on Jurisprudence] A restraint on person, depriving one of his own will and liberty,binding him to become obedient to the will of the law (Larraaga v. CA, 92 SCAD 605)

How made:

As to the manner of enforcement, by:

1) Actual restraint, or2) Submission to the custody of the person making arrest

As to the presence or absence of judicial order:1) By virtue of a warrant, or2) Warrantless arrest, in cases allowed by the Rules

As to the person arresting:1) Arrest by peace officer, or2) Citizens arrest

When warrantless arrests allowed:

1. Inflagrante Delicto arrest when in his presence, the person to be arrested has:

CommittedIs actually committing an offenseIs attempting to commit

Translation: In flagrante delicto [latin] Literally, caught in the act of wrong.

2. Hot Pursuit arrest when an offense has Ajust been committed and Bhe has probablecause to believe based on personal knowledge of facts or circumstances that the personarrested has committed it.

Tests in determining probable cause based on personal knowledge:

Must be based on the senses, i.e. 1) Sight2) Hearing3) Smell

Notes:A. The arresting officer must have personal knowledge of the commission of the crimethrough his senses. He cannot fish for evidence first and afterward make the arrest.B. The term personal knowledge excludes hearsay as a basis for probable cause.C. There must first be a lawful arrest before any search may be conducted. The processcannot be reversed (Dissent of Chief Justice A. Narvasa, People v. Malmstedt). Exception: incase of valid warantless searches (Majority opinion, People v. Malmstedt, 198 SCRA 401).D. For purposes of arrest Officer may break into any building or enclosure where theperson to be arrested is or is reasonably believed to be, if he is refused admittance thereto,

after announcing his authority and purpose (Sec. 11, RRC).E. For purposes of search and seizure he cannot break into any building or enclosurewithout violating the right of privacy. Exceptions: 1) When there is consent (Dissent of

Justice I. Cruz, People v. Evaristo, 216 SCRA 431). 2) When there is a warrant.

3. Arrest of fugitives from justice persons who has escaped from a penal establishment,place of confinement etc. while serving sentence, temporarily confined, or case is stillpending may be arrested under the theory that he is engaged in the commission of acontinuing offense (Parulan v. Director of Prisons, 22 SCRA 639).

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Methods of Arrest:

I. With warrant, by officer:

The officer shall inform the person of: 1) the cause of the arrest

2) fact that warrant exist

Exception: 1) When he flees or forcibly resist before 1 & 2 is completed2) When the giving of info will imperil the arrest

II. Without warrant, by an officer and by private persons:

Inform the person of 1) authority and cause of arrest [if person arresting is police officer]or 2) intent to arrest and cause [if person arresting is private person]

Unless when the person to be arrested is either:1) Engaged in the commission of the offense2) Is pursued immediately after its commission

3) Has escaped, flees or forcibly resist before the officer or the private person makingthe arrest has the opportunity to inform him of 1 & 2, or4) When the giving of info would imperil the arrest

Tests in determining lawfulness of USE OF LETHAL FORCE by the arresting officer:

1) Test of reasonability conduct of the arresting officer is examined.Where the precipitate action of the arresting officer resulted in the loss of a human life andthere exists no circumstances whatsoever justifying the shooting of a person who is asleep,even if he is a notorious criminal condemnation, and not condonation should be the rule(People v. Oanis, 74 Phil. 257).

2) Test of necessity conduct of the person arrested is examined.Where the arrested person attempts to flee, struck a policeman with his fists, draw a messknife and attacked another policeman, the arresting officer is not required to afford him afair opportunity for equal struggle. A police officer, in the performance of his duty, muststand his ground and cannot, like private individual, take refuge in flight. His duty requireshim to overcome the offender (US v. Mojica, 42 Phil 784).

V. Bail

Kinds of bail bonds:1. cash bond2. property bond3. surety bond4. recognizance

Defined:The security given for the release of a person in custody of the law, furnished by him or abondsman, to guarantee his appearance before any court as required under the conditionsof law.

Generally:The right to bail only accrues when a person is under custody. Court must have jurisdictionover the person of the accused either thru: 1) arrest, with or without warrant, or 2) voluntary

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surrender.

Exception:When the person under investigation cannot personally appear because he is hospitalizedbut applies for bail through his counsel, he is deemed to be under the constructive custodyof the law (Dinapol v. Baldado, 225 SCRA 110, Paderanga v. CA, 247 SCRA 741).

Where to apply?In the court where the case is pending (if not yet filed, may be filed before any court).

Conditions for bail:See Sec. 2, Rule 114

Bail, a matter of right:1. Before or after conviction by MTC, MTCC or MCTC2. Before conviction by RTC of an offense not punishable by death, reclusion temporal, or lifeimprisonment

Bail, a matter of discretion:1. Upon conviction of RTC of an offense not punishable by death, reclusion perpetua, or lifeimprisonment.2. Before conviction for capital offenses [punishable by death], or an offense punishable byreclusion perpetua or life imprisonment, when evidence of guilt is not strong. (Bail is neithera matter of right nor a matter of discretion only in cases where the evidence of guilt isstrong).

Bail granted in capital offenses despite findings that evidence of guilt is strong (Cited inCruz, Constitutional Law, 2003 Ed.):De la Rama v. Peoples Court, 77 Phil. 461 accused was granted bail due to tuberculosisthat requires confinement to the hospital.People v. Sison, GR 398, September 19, 1946 humanitarian reasons considered by SC.

Notes:

1. The right to bail flows from the presumption of innocence. This is so because accusation isnot synonymous with guilt.

2. In deportation proceedings, bail is not a matter of right but of discretion on the part of theCommissioner of Immigration and Deportation (Harvey v. Defensor-Santiago, 162 SCRA398).

3. Bail is not available to military facing court martial proceedings (Commendador v. DeVilla, 200 SCRA 80).

4. I extradition proceedings, bail may be granted provided the accused undertake to submithimself to the jurisdiction of the court and provided further that he is not a flight risk (Govt.

of Hong Kong v. Judge Olalia, 2007)

VI. Rights of the accused

Rights may be waived, unless the waiver is contrary to law, public order, public policy,morals, or good customs or prejudicial to a third person with a right recognized by law (Art.6, NCC).

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In all criminal prosecutions, the accused shall be entitled to the following rights:

Key: [PIPTEC CoSpA]

P resumed innocentI nformed of the nature of the cause and accusation

P resent in person and by counselT estify in his own behalfE xempt from being compelled to be a witness against himselfC onfront witnessesC ompulsory process to secure attendance of witnesses and production of other evidenceS peedy, impartial and public trialA ppeal

1) To be presumed innocent until the contrary is proved beyond reasonable doubt.

Hierarchy of proof [according to degree of persuasiveness]:Absolute certainty ultimate truth [not required in any legal proceeding]Moral certainty passed the test of human experience [i.e., guilt beyond reasonable doubt,conclusive presumptions]Relative certainty so called because a higher degree of proof exists [i.e., preponderance ofevidence, probable cause, substantial evidence, disputable or prima facie presumptions]

Notes:The starting point is the presumption of innocence (See: Section 3, Par. (a), Rule 131, RRC)It is incumbent upon the prosecution to demonstrate culpability. The burden of proof lies inthe prosecution. Unless guilt beyond reasonable doubt is established, the accused need notprove his innocence.Burden of proof the duty of the affirmative to prove what it alleges. (Africa, The Art ofArgumentation and Debate).Absolute certainty is not demanded by the law to convict but only moral certainty.

2) To be informed of the nature and cause of the accusation against him.

Essential to avoid surprise and to afford him the opportunity to prepare his defenseaccordingly.Arraignment serves this purpose by informing him why the prosecuting arm of the state ismobilized against him.An accused cannot be convicted of an offense unless it is clearly charged in the compliant orinformation. Basic rule you cannot prove what you did not allege.

3) To be present and defend in person and by counsel at every stage of the proceedings,from arraignment to promulgation of judgment.

Express or Implied waiver is renunciation to be present on that particular date only.

Escape of the accused is waiver by implication to be present on said date and all subsequenttrial dates. [Fact of escape made his failure unjustified because he has, by escaping, placedhimself beyond the pale and protection of the law (People v. Salas 143 SCRA 163, cited inCruz, Constitutional Law, 2003 Ed.)].Right to counsel is right to effective counsel. It is not enough to simply appoint a counsel deofficio. Counsel must have no conflict of interest. Thus, a fiscal cannot be appointed ascounsel de officio.When an accused is represented by a fake lawyer who pretended to be a member of the bar,his right to counsel is violated, unless the accused voluntarily chose him knowing him to be

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a non-lawyer.

4) To testify as a witness in his own behalf but subject to cross-examination on matterscovered by direct examination. His silence shall not in any manner prejudice him.

5) To be exempt from being compelled to be a witness against himself.

Right to testify in his own behalf:Once exercised, the accused is subject to limited cross-examination.If not exercised, no inference of guilt can be derived from his silence alone.

Right against self incrimination:Intended to shield the guilty & imprudent as well as the innocent & farsighted.Based on public policy and humanity, otherwise, the accused will be placed on the strongesttemptation to commit perjury.

Notes:A. Prohibition covers 1testimonial compulsion and 2the production of the accused ofincriminating documents and articles demanded from him.B. Does not include compulsion to 1submit fingerprints, 2photograph, 3blood or urinesamples, and 4others requiring a mere mechanical act on the part of the accused [Villaflor v.Summers, 41 Phil. 64, US v. Tan Teng, 23 Phil. 145, Schemerber v. California, US L.Ed. 2d908, 89 S CT No. 658].

6) To confront and cross-examine the witnesses against him at the trial.

Reasons:To meet the witness face to face (Bill of Rights, 1987 Constitution)To enable the court to judge the truthfulness, deportment, and the appearance of thewitness while testifying (US v, Javier, 37 Phil 449).

Effect of absence of right to cross examine:When there is express or implied waiver no effectIn the absence of waiver testimony of the witness cannot be considered as complete andtherefore cannot form part of the evidence against the accused.

Effect when witness dies:Before he could take witness stand inadmissibleAfter giving his direct testimony but before cross examination Gen. rule: inadmissible.Exception: where the adverse party was given adequate opportunity but failed to crossexamine due to his own faultAfter the defense conducted cross examination admissible

7) To have compulsory process issued to secure the attendance of witnesses and productionof other evidence in his behalf.

Compulsory process refers to the issuance of the court of:Sub-poena for the attendance of witnessesSub-poena duces tecum for the production of documents

Notes:A. If a sub-poena or sub-poena duces tecum is issued and the person named in the sub-poena refuses to appear or refuses to produce the required documents without justifiablereasons court has the power to declare that person in contempt and may order his arrest.[People v. Montejo, 21 SCRA 722].

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B. The coercive powers of the court must be employed in order to give meaning to this right.

8) To have speedy, impartial and public trial.

Speed:

Justice delayed is justice as denied

Impartiality:Every party litigant is entitled to nothing less than the cold neutrality of an impartial court(Macalintal v. Judge Teh, 280 SCRA 623).

Public trial:So that the public may see that he is fairly dealt with and not unjustly condemned in case ofconviction.So the public may know of the fact or the basis of his innocence in case of acquittal.

Note: Public trial and Trial by publicity are two different things. They are not the same.There should be a public trial, not trial by publicity.

9) To appeal in all cases allowed and in the manner prescribed by law.

The right to appeal is a statutory right but withdrawal of this right, in the absence of a validwaiver, constitutes a denial of due process guaranteed by the Constitution (Cruz,Constitutional Law, 2003 Ed.).It is not a natural right or inherent one. The party who seeks to avail of the said right mustcomply with the requirements of the Rules. Otherwise, the right to appeal is lost (People v.Sabellano, 198 SCRA 196)

VII. Arraignment and PleaArraignment: The initial step in a criminal prosecution whereby the defendant is broughtbefore the court to hear the charges and to enter a plea (Blacks Law Dictionary).

Venue for Arraignment and Plea:Before the court where the complaint or information was filed or is assigned for trial.

Purpose of arraignment [Key: FIG] (14 Am. Jur., p. 939, GV Jacinto, Crim. Proc.)

1) To fix the identity of the accused2) To inform him of the charge3) To give the accused an opportunity to plead

Note:In order for the Court to acquire complete jurisdiction over the person of the accused,arraignment is essential. Unless this procedure is completed, the court cannot commencetrial in absentia.

Procedure:Arraignment must be made in open court by the judge or the clerkAccused must be furnished with a copy of the complaint or informationComplaint or Information must be read in a language or dialect known to himAccused must be presentAccused must personally enter his plea

I. If under preventive detention

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Raffle of case and transmittal of records within 3 daysArraignment within 10 days from the date of rafflePre trial conference within 10 days after arraignment

II. If not under preventive detentionGeneral rule within 30 days from the date the court acquires jurisdiction

Exception a shorter period is provided by special law or SC Circular

Rules in entering a plea:If accused refuses to plead or makes a conditional plea a plea of not guilty shall be enteredIf accused enters a plea but presents exculpatory evidence plea of guilty is withdrawn anda plea of not guilty shall be entered for him. Burden of proof shifts.If accused enters a plea to a capital offense court shall conduct a searching inquiry into thevoluntariness and full comprehension of the consequences of his plea and shall require theprosecution to prove his guilt and the precise degree of culpability.

Pre-trial Conference:Private offended party shall be required to appear for purposes of:1) Plea-bargaining2) Determination of civil liability3) Other matters requiring his presence

In case of failure of the offended party to appear despite due notice conformity ofprosecutor is sufficient for purposes of pleading guilty to a lesser offense which isnecessarily included in the offense charged.

Bill of particulars:The accused may, before arraignment, move for a bill of particulars to enable him properlyto plead and prepare for trial. The motion shall specify the alleged defects of the complaintor information and the details desired.

Scope of the Bill of Particular:Bill of Particulars is a remedy for formal defects and not substantive defects.

The remedy against an indictment that fails to allege the time of the commission of theoffense with sufficient definition is a Motion for Bill of Particulars and not a Motion to Quash(Rocaberte v. People, 192 SCRA 152).

[See discussion in: Elements of Complaint and Information, remedy in case complaint orinformation is defective, supra]

Modes of discovery:Accused has a right against the suppression of evidence favorable to an accused which ismaterial as to 1) guilt, or 2) as to punishment (Webb v. De Leon, 247 SCRA 653).

Suppressed evidence must be of such nature as to affect the outcome of the trial (US v.

Agurs, US v. Bagley)

Notes:

1) Arraignment is important for notifying the accused of the cause he is required to meet.The accused has the right to be informed of the nature and cause of the accusation againsthim (Borja v. Mendoza, 77 SCRA 422).

2) The existence of a plea is an essential requisite to double jeopardy (People v. Balicasan).

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EVIDENCE

I. PRELIMINARY CONSIDERATION:

A. Importance of the study of Evidence in Law Enforcement:

As an element of our Criminal Justice System, it is the duty of every law enforcement

agencies to provide the prosecution with the materials and information (Evidence) necessaryin order to support conviction.

Every person is entitled to be presumed innocent of a crime or wrong, unless provenotherwise. This is a prima facie presumption which must be overcome by proof beyondreasonable doubt.

B. Connecting the chain of events through Evidence during Trial:

Trial refers to the examination before a competent tribunal, according to the laws of theland, of the facts in issue in a cause, for the purposes of determining such issue (U.S. v.Raymundo, 14 Phil 416).

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Proof the result of introducing evidence. The establishment of a requisite degree of beliefin the mind of the judge as to the facts in issue. It refers to the accumulation of evidencesufficient to persuade the trial court.

Quantum of evidence the totality of evidence presented for consideration

Quantum of proof refers to the degree of proof required in order to arrive at a conclusion.

Burden of evidence the duty of a party of going forward with evidence.

Burden of proof the duty of the affirmative to prove that which it alleges.

Variations on degrees of proof based on type of action:

1. Criminal Action proof beyond reasonable doubt [that degree of proof which producesconviction in an unprejudiced mind]

2. Civil Action preponderance of evidence [evidence of greater weight or moreconvincing than that which is offered to refute it]

3. Administrative Action sufficiency of evidence [that amount of relevant evidence whicha reasonable mind might accept as adequate to justify a conclusion]

E. Exclusionary Rule. (Fruit of the poisonous tree doctrine)

Evidence ILLEGALY OBTAINED are inadmissible for reasons of public policy. This is sobecause of the constitutional requirement of due process. Due process has been defined asthe law that hears before it condemns, which proceeds upon inquiry, and renders judgmentonly after fair trial.

As a result, jurisprudence has evolved a rule that renders inadmissible any evidenceobtained in an illegal search from being introduced in trial.

F. Principle of Chain of Custody of Evidence

If the evidence is of a type which cannot be easily recognized or can readily be confused ortampered with, the proponent of the object must present evidence of its chain of custody.

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The proponent need not negate all possibilities of substitution or tampering in the chain ofcustody, but must show that:

The evidence is identified as the same object which was taken from the scene;

It was not tampered with, or that any alteration can be sufficiently explained (i.e.

discoloration due to the application of ninhydrine solution, etc.); and

The persons who have handled the evidence are known and may be examined in court withregard to the object.

II. GENERAL PROVISIONS:

A. Concepts of evidence:

1. It is a means of ascertainment used to arrive at a legal conclusion

2. It is sanctioned by the rules of court meaning, not excluded by the rules on relevancyand admissibility

3. It is used in a judicial proceeding there is a jural conflict involving different rightsasserted by different parties

4. It pertains to the truth respecting a matter of fact evidence represents a claim either

for the prosecution or for the defense where issues (clashes of view) are present.

Admissibility of Evidence:

For evidence to be admissible, it must be:

1) relevant to the issue [relevancy test], and

2) not excluded by the law or rules of court [competency test].

Note: To determine the relevancy of any item of proof, the purpose for which it is sought tobe introduced must first be known (There must be a formal offer).

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Test of relevancy of evidence:

Whether or not the factual information tendered for evaluation of the trial court would behelpful in the determination of the factual issue that is disputed.

When is evidence relevant?

When it has a relation to the fact in issue as to induce belief in its:

1) existence, or

2) non-existence

In other words, evidence is relevant when it is:

1) material, and

2) has probative value

What is meant by probative value?

It is the tendency of the evidence to establish the proposition that it is offered to prove.

Collateral Matters not admissible except when it tend in any reasonable degree toestablish probability or improbability of the fact in issue.

Collateral matters matters other than the fact in issue and which are offered as a basis forinference as to the existence or non-existence of the facts in issue.

Collateral matters are classified into:

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1. Antecedent circumstances facts existing before the commission of the crime [i.e.hatred, bad moral character of the offender, previous plan, conspiracy, etc.]

2. Concomitant circumstances facts existing during the commission of the crime [i.e.opportunity, presence of the accused at the scene of the crime, etc.]

3. Subsequent circumstances facts existing after the commission of the crime [i.e. flight,extrajudicial admission to third party, attempt to conceal effects of the crime, possession ofstolen property, etc.]

Query: Is modus operandi an antecedent, concomitant or subsequent circumstance?

B. Judicial Notice, basis of:

Judicial notice is based on necessity and expediency. This is so because what is known neednot be proved.

Different kinds of judicial notices:

1. mandatory

2. discretionary

3. hearing required

C. Confession and Admission, distinguished:

Confession an acknowledgement of guilt.

Admission an acknowledgment of facts.

Different kinds of confession/admission:

1. Judicial

2. Extrajudicial

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3. Oral

4. Written

5. Voluntary

6. Forced

Different kinds of evidence:

1. Relevant evidence evidence having any value in reason as tending to prove anymatter provable in an action.

2. Material evidence evidence is material when it is directed to prove a fact in issue asdetermined by the rules of substantive law and pleadings.

3. Competent evidence not excluded by law.

4. Direct evidence proves the fact in issue without aid of inference or presumptions.

5. Circumstantial evidence - the proof of fact or facts from which, taken either singly orcollectively, the existence of a particular fact in dispute may be inferred as necessary orprobable consequence.

6. Positive evidence evidence which affirms a fact in issue.

7. Negative evidence - evidence which denies the existence of a fact in issue.

8. Rebutting evidence given to repel, counter act or disprove facts given in evidence bythe other party.

9. Primary/Best evidence that which the law regards as affording the greatest certainty.

10. Secondary evidence that which indicates the existence of a more original source ofinformation.

11. Expert evidence the testimony of one possessing knowledge not usually acquired byother persons.

12. Prima facie evidence evidence which can stand alone to support a conviction unless

rebutted.

13. Conclusive evidence incontrovertible evidence

14. Cumulative evidence additional evidence of the same kind bearing on the samepoint.

15. Corroborative evidence additional evidence of a different kind and character tendingto prove the same point as that of previously offered evidence.

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16. Character evidence evidence of a persons moral standing or personality traits in acommunity based on reputation or opinion.

17. Demeanor evidence the behavior of a witness on the witness stand during trial to beconsidered by the judge on the issue of credibility.

18. Demonstrative evidence evidence that has tangible and exemplifying purpose.

19. Hearsay evidence oral testimony or documentary evidence which does not derive itsvalue solely from the credit to be attached to the witness himself.

20. Testimonial evidence oral averments given in open court by the witness.

21. Object/Auotoptic proferrence/Real evidence those addressed to the senses of thecourt (sight, hearing, smell, touch, taste).

22. Documentary evidence those consisting of writing or any material containing letters,words, numbers, figures, symbols or other modes of written expression offered as proof of

its contents.

Best Evidence Rule:

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

For exceptions, see Sec. 3, Rule 130, Revised Rules of Court.

A document is legally considered Original when:

1. It is the subject of an inquiry

2. When in two or more copies executed at or about the same time, with identicalcontents.

3. When an entry is repeated in ordinary course of business, one being copied fromanother at or near the time of the transaction.

Question: May a fake document be considered as original or authentic?

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Yes. A forged or spurious document when presented in court for examination is consideredas the original fake/forged document. Thus, a mere photocopy of the allegedly forged orspurious document is only secondary to the original questioned document.

Secondary Evidence

When the original document has been:

1. lost,

2. destroyed, or

3. cannot be produced in court.

The offeror without bad faith must:

1. prove its execution or existence, and

2. prove the cause of its unavailability.

Secondary evidence may consist of:

1. a copy,

2. recital of its contents in some authentic document, or

3. by testimony of witnesses.

When original document is in the custody of:

1. adverse party adverse party must have reasonable notice to produce it. After suchnotice and satisfactory proof of its existence, he fails to produce it, secondary evidence maybe presented.

2. public officer contents may be proved by certified copy issued by the public officer incustody thereof.

III. TESTIMONIAL EVIDENCE:

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Qualifications of witnesses:

1. can perceive

2. can make known their perception to others

3. not disqualified by reason of mental incapacity, immaturity, marriage, privilegedcommunications, or dead mans statute.

Res Inter Alios Acta Rule

General Rule: The rights of a party cannot be prejudiced by an act, declaration, or omissionof another.

Exception:

1. admission by a co-partner or agent

2. admission by a conspirator

3. admission by privies

4. admission by silence

In the above cases, the admission of one person is admissible as evidence against another.

Testimonial Knowledge:

General Rule: A witness can testify only to those facts which he knows of his personalknowledge; that is, which are derived from his own perception. Any statement which derivesits strength from anothers personal knowledge is hearsay, and is therefore inadmissible.

Exceptions:

1. Dying declarations (ante-mortem statements)

2. Declaration against interest

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3. Act or declaration about pedigree

4. Family reputation or tradition regarding pedigree

5. Common reputation

6. Part of the res gestae

7. Entries in the course of business

8. Entries in official records

9. Commercial lists and the like

10. Learned treatises

11. Testimony or deposition at a former proceeding

12. Examination of child victim/witness in cases of child abuse

IV. BURDEN OF PROOF AND PRESUMPTIONS:

Burden of proof the duty of a party to present evidence on the facts in issue necessary toestablish his claim or defense by the amount of evidence required by law.

Presumption an inference as to the existence of a fact not actually known, arising from itsusual connection with another which is known or a conjecture based on past experience asto what course human affairs ordinarily take.

2 kinds of presumptions:

1. Conclusive presumptions [jure et de jure] based on rules of substantive law whichcannot be overcome by evidence to the contrary.

2. Disputable presumptions [prima facie presumptions, rebuttable presumptions] basedon procedural rules and may be overcome by evidence to the contrary.

Kinds of Conclusive Presumptions:

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1. Estoppel by record or judgment the preclusion to deny the truth of matters set forth ina record, whether judicial or legislative, and also deny the facts adjudicated by a court ofcompetent jurisdiction (Salud v. CA, 233 SCRA 387).

2. Estoppel by deed a bar which precludes a party to a deed and his privies fromasserting as against the other and his privies any right or title in derogation of the deed or

denying the truth of any material fact asserted in it (Iriola v. Felices, 30 SCRA 202).

3. Estoppel in pais based upon express representation or statements or upon positiveacts or conduct. A party cannot, in the course of litigation or in dealings in pais, be permittedto repudiate his representation or occupy inconsistent positions.

4. Estoppel against Tenant the tenant is not permitted to deny the title of his landlord atthe time of the commencement of the relation of landlord and tenant between them.

Note: For Kinds of disputable presumptions, see Sec. 3, Rule 131 of the Revised Rules ofCourt.

Presentation of Evidence:

The examination of witnesses presented in a trial or hearing shall be done is open court, andunder oath or affirmation. Unless the witness is incapacitated to speak, or the question callsfor a different mode of answer, the answer of the witness shall be given orally.

Rights and Obligations of witnesses:

1. To be protected from irrelevant, improper, or insulting questions, and from harsh orinsulting demeanor.

2. Not to be detained longer than the interest of justice requires.

3. Not to be examined except only as to matters pertinent to the issue.

4. Not to give an answer which will tend to subject him to a penalty for an offense unlessotherwise provided by law.

5. Not to give an answer which will tend to degrade his reputation, unless it be to the very

fact at issue or to the fact from which the fact in issue would be presumed, but a witnessmust answer to the facts of his previous final conviction for an offense.

Order of Examination of individual witnesses:

Direct examination by the proponent

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Cross examination by the opponent

Re-direct examination by the proponent

Re-cross examination by the opponent

Direct examination the examination in chief of a witness by the party presenting him onthe facts relevant to the issue.

Cross examination the examination by the adverse party of the witness as to any matterstated in the direct examination, or connected therewith, with sufficient fullness andfreedom from interest or bias, or the reverse, and to elicit all important facts bearing uponthe issue.

Re-direct examination second questioning by the proponent to explain or supplementanswers given in the cross examination.

Re-cross examination second questioning by the adverse party on matters stated on there-direct and also on such matters as may be allowed by court.

Different Types of Questions:

Leading questions It is one where the answer is already supplied by the examiner into themouth of the witness. [Ex. You saw Jose killed Juan because you were present when ithappened, didnt you?]

Misleading question a question which cannot be answered without making an unintendedadmission. [Ex. Do you still beat your wife?]

Compound question a question which calls for a single answer to more than one question.[Ex. Have you seen and heard him?]

Argumentative question a type of leading question which reflects the examinersinterpretation of the facts. [Ex. Why were you driving carelessly?]

Speculative question a question which assumes a disputed fact not stated by the witnessas true. [Ex. The victim cried in pain, didnt he?]

Conclusionary question a question which asks for an opinion which the witness is not

qualified or permitted to answer. [Ex. Asking a high school drop-out whether the gun used isa Cal. 45 pistol or 9mm pistol]

Cumulative question a question which has already been asked and answered.

Harassing/Embarrassing question [Ex. Are you a homosexual?]

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Classes of Documents:

Documents are either public or private.

Public documents are:

1. The written official acts, or records of the official acts of sovereign authority, officialbodies and tribunals, and public officers, whether of the Philippines, or a foreign country.

2. Documents acknowledged before a notary public except last wills and testaments.

3. Public records (1) kept in the Philippines, or private documents (2) required by law tobe entered therein.

All other writings are private.

SOME USEFUL LATIN TERMS AND LEGAL MAXIMS:

Verba legis non est decendendum from the words of the law there can be no departure.

Dura lex sed lex the law may be harsh but it is the law.

Ignorantia legis neminem excusat ignorance of the law excuses no one.

Ignorantia facti excusat mistake of fact excuses.

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Praeter intentionem different from that which was intended.

Error in personae mistake in identity.

Abberatio Ictus mistake in the blow

Nulum crimen, nulla poena sine lege there is no crime when there is no law punishing thesame.

Actus non facit reum, nisi mens sit rea the act cannot be criminal where the mind is not

criminal.

Actus mi invictu reus, nisi mens facit reum an act done by me against my will is not myact.

Mens rea guilty mind.

Actus reus guilty act.

Res ipsa loquitor the thing speaks for itself.

Causa Proxima proximate cause which produced the immediate effect.

Prima facie at first glance.

Locus Criminis scene of the crime or crime scene.

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Pro Reo principle in Criminal Law which states that where the statute admits of severalinterpretations, the one most favorable to the accused shall be adopted.

Res Gestae the thing itself.

Falsus in unum, falsus in omnibus false in one part of the statement would render theentire statement false (note: this maxim is not recognized in our jurisdiction).

1. Berto, with evident premeditation and treacherykilled his

father. What was the crime committed?

A. Murder

B. Parricide

C. Homicide

D. Qualified Homicide Answer: B

2. PO3 Bagsik entered the dwelling of Totoy againstthe latters

will on suspicion that Bitoy keep unlicensedfirearms in his

home. What was the crime committed by PO3

Bagsik?

A. Trespass to Dwelling

B. Violation of Domicile

C. Usurpation Of Authority

D. Forcible Trespassing Answer: B

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3. Charlie and Lea had been married for more thansix months.

They live together with the children of Lea fromher first

husband. Charlie had sexual relationship withJane, the

14 year old daughter of Lea. Jane loves Charlievery much.

What was the crime committed by Charlie, if any?

A. Simple Seduction

B. Qualified Seduction

C. Consented Abduction

D. Rape Answer: B

4. Prof. Jose gave a failing grade to one of hisstudents, Lito.

When the two met the following day, Lito slappedProf. Jose

on the face. What was the crime committed byLito?

A. Corruption of Public Officials

B. Direct Assault

C. Slight Physical Injuries

D. Grave Coercion Answer: B

5. A warrant of arrest was issued against Fred for thekilling

of his parents. When PO2 Tapang tried to arresthim, Fred

gave him 1 million pesos to set him free. PO2Tapang

refrained in arresting Fred. What was the crimecommitted

by PO2 Tapang?

A. Indirect Bribery

B. Direct Bribery

C. Corruption of Public Officials

D. Qualified Bribery Answer: D

6. Which of the following is the exemption to thehearsay rule

made under the consciousness of an impendingdeath?

A. parol evidence

B. ante mortem statement

C. suicide note

D. dead man statute Answer: D

7. Factum probans means __.

A. preponderance of evidence

B. ultimate fact

C. evidentiary fact

D. sufficiency of evidence Answer: C

8. It refers to family history or descent transmittedfrom .

one generation to another

A. inheritance

B. heritage

C. pedigree

D. culture Answer: C

9. The authority of the court to take cognisance ofthe case

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in the first instance.

A. Appellate Jurisdiction

B. General Jurisdiction

C. Original Jurisdiction

D. Exclusive Jurisdiction Answer: C

10. A person designated by the court to assistdestitute litigants.

A. Counsel de officio

B. Attorney on record

C. Attorney at law

D. Special counsel Answer: A

11. Which of the following is not covered by theRules on

Summary Procedure?

A. Violation of rental laws

B. Violation of traffic laws

C. The penalty is more than six months ofimprisonment

D. The penalty does not exceed six monthsimprisonment

Answer: C

12. It refers to a territorial unit where the power ofthe court

is to be exercised.

A. jurisdiction

B. jurisprudence

C. venue

D. bench Answer: C

13. The Anti-Bouncing Check Law.

A. RA 6425

B. RA 8353

C. BP.22

D. RA 6975 Answer: C

14. The taking of another persons personal property,with

intent to gain, by means of force andintimidation.

A. qualified theft

B. robbery

C. theft

D. malicious mischief Answer: B

15. Felony committed when a person compelsanother by means of

force, violence or intimidation to do somethingagainst his

will, whether right or wrong.

A. grave threat

B. grave coercion

C. direct assault

D. slander by deed Answer: B

16. These are persons having no apparent means of

subsistence but

have the physical ability to work and neglect toapply

himself or herself to lawful calling.

A. Pimps

B. prostitutes

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C. gang members

D. vagrants Answer: D

17. A medley of discordant voices, a mock serenadeof discordant

noises designed to annoy and insult.

A. Tumultuous

B. charivari

C. sedition

D. scandal Answer: B

18. The unauthorized act of a public officer whocompels another

person to change his residence.

A. violation of domicile

B. arbitrary detention

C. expulsion

D. direct assault Answer: C

19. The deprivation of a private person of the libertyof another

person without legal grounds.

A. illegal detention

B. arbitrary detention

C. forcible abduction

D. forcible detention Answer: A

20. An offense committed by a married womanthrough carnal

knowledge with a man not her husband whoknows her to

be married, although the marriage can be laterdeclared void.

A. concubinage

B. bigamy

C. adultery

D. immorality Answer: C

21. Age of absolute irresponsibility in the commissionof a crime.

A. 15-18 years old

B. 18-70 years old

C. 9 years old and below

D. between 9 and 15 years old Answer: C

22. Those who, not being principals cooperate in theexecution of

the offense by previous or simultaneous acts.

A. Accomplices

B. Suspects

C. principal actors

D. accessories Answer: A

23. The loss or forfeiture of the right of thegovernment to

execute the final sentence after the lapse of acertain

time fixed by law.

A. prescription of crime

B. prescription of prosecution

C. prescription of judgement

D. prescription of penalty Answer: D

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24. A kind of executive clemency whereby theexecution of

penalty is suspended.

A. Pardon

B. commutation

C. amnesty

D. reprieve Answer: D

25. Infractions of mere rules of conveniencedesigned to secure

a more orderly regulation of the affairs of thesociety.

A. mala prohibita

B. mala in se

C. private crimes

D. public crimes Answer: A

26. Felony committed by a public officer who agreesto commit an

act in consideration of a gift and this act isconnected with

the discharge of his public duties.

A. qualified bribery

B. direct bribery

C. estafa

D. indirect bribery Answer: B

27. The willful and corrupt assertion of falsehoodunder oath of

affirmation, administered by authority of law on a

material matter.

A. libel

B. falsification

C. perjury

D. slander Answer: C

28. Deliberate planning of act before execution.

A. Treachery

B. evident premeditation

C. ignominy

D. cruelty Answer: B

29. Whenever more than 3 armed malefactors shallhave acted

together in the commission of a crime.

A. gang

B. conspiracy

C. band

D. piracy Answer: C

30. The failure to perform a positive duty which oneis bound to.

A. Negligence

B. imprudence

C. omission

D. act Answer: C

31. Ways and means are employed for the purposeof trapping and

capturing the law breaker in the execution of hiscriminal plan.

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A. Misfeasance

B. entrapment

C. inducement

D. instigation Answer: B

32. Those where the act committed is a crime but forreasons of

public policy and sentiment there is no penaltyimposed.

A. impossible crimes

B. aggravating circumstances

C. absolutory causes

D. complex crimes Answer: C

33. One of the following is an alternativecircumstance.

A. Insanity

B. intoxication

C. passion or obfuscation

D. evident premeditation Answer: B

34. If the accused refuse to plead, or makeconditional plea of

guilty, what shall be entered for him?

A. a plea of not guilty

B. a plea of guilty

C. a plea of mercy

D. a plea of surrender Answer: A

35. At what time may the accused move to quash thecomplaint

or information?

A. at any time before his arrest

B. only after entering his plea

C. any time before entering his plea

D. Monday morning Answer: C

36. The process whereby the accused and theprosecutor in a

criminal case work out a mutually satisfactorydisposition

on the case subject to court approval.

A. Arraignment

B. plea bargaining

C. preliminary investigation

D. trial Answer: B

37. The security given for the release of a person incustody,

furnished by him or a bondsman, conditionedupon his

appearance before any court as required underthe conditions

specified by law.

A. Subpoena

B. recognizance

C. bail

D. warrant Answer: C

38. The examination before a competent tribunal,according to the

laws of the land, of the acts in issue in a case, forthe

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purpose of determining such issue.

A. Trial

B. Arraignment

C. pre-trial

D. judgment Answer: A

39. The adjudication by the court that the accused isguilty or

is not guilty of the offense charged, and theimposition of

the proper penalty and

A. trial

B. Pre-trial

C. Arraignment

D. Judgment Answer: D

40. It is an inquiry or proceeding for the purpose ofdetermining

whether there is sufficient ground to engender awell founded

belief that an offense has been committed andthe offender

is probably guilty thereof and should be held fortrial.

A. pre-trial

B. arraignment

C. preliminary investigation

D. plea bargaining Answer: C

41. It is evidence of the same kind and to the samestate of facts.

A. secondary evidence

B. prima facie evidence

C. corroborative evidence

D. best evidence Answer: C

42. It is that which, standing alone, unexplained oruncontradicted

is sufficient to maintain the proposition affirmed.

A. secondary evidence

B. prima facie evidence

C. corroborative evidence

D. best evidence Answer: B

43. A form of evidence supplied by writteninstruments or derived

from conventional symbols, such as letters, bywhich ideas are

represented on material substances.

A. documentary evidence

B. testimonial evidence

C. material evidence

D. real evidence Answer: A

44. When the witness states that he did not see orknow the

occurrence of a fact.

A. positive evidence

B. corroborative evidence

C. secondary evidence

D. negative evidence Answer: D

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45. Personal property that can be subjects for searchand seizure.

A. used or intended to be used as means incommitting an

offense

B. stolen or embezzled and other proceeds orfruits of the

offense

C. subject of the offense

D. all of the above Answer: D

46. All persons who can perceive and perceiving, canmake known

their perception to others.

A. Suspects

B. witnesses

C. victims

D. informers Answer: B

47. The unlawful destruction or the bringing forthprematurely,

of human fetus before the natural time of birthwhich results

in death.

A. abortion

B. infanticide

C. murder

D. parricide Answer: A

48. Felony committed when a person is killed orwounded during

the confusion attendant to a quarrel amongseveral persons

not organized into groups and the partiesresponsible cannot

be ascertained.

A. alarm and scandal

B. mysterious homicide

C. death under exceptional circumstances

D. tumultuous affray Answer: D

49. A question which arises in a case the resolutionof which

is the logical antecedent of the issue involved insaid case

and the cognisance of which pertains to anothertribunal.

A. legal question

B. juridical question

C. prejudicial question

D. judicial question Answer: C

50. The RPC was based on the

A. Spanish penal code

B. English penal code

C.American penal code

D.Japanese penal code Answer: A

51. An act or omission which is a result of a

misapprehension of

facts that is voluntary but not intentional.

A. impossible crime

B. mistake of facts

C. accidental crime

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D. complex crime Answer: B

52. Infanticide is committed by killing a child notmore than.

A. 36 hours

B. 24 hours

C. 48 hours

D. 72 hours Answer: D

53. Ignorance of the law excuses no one fromcompliance therewith.

A. ignorantia legis non excusat

B. parens patriae

C. res ipsa loquitur

D. dura lex sed lex Answer: A

54. An act which would be an offense againstpersons or property

if it was not for the inherent impossibility of itsaccomplishment.

A. compound crime

B. impossible crime

C. complex crime

D. accidental crime Answer: B

55. The law which reimposed the death penalty.

A. RA 5425

B. RA 8553

C. RA 7659

D. RA 8551 Answer: C

56. One who is deprived completely of reason ordiscernment and

freedom of the will at the time of the commissionof the crime.

A. discernment

B. insanity

C. epilepsy

D. imbecility Answer: D

57. The quality by which an act may be subscribed toa person as .

its owner or author

A. responsibility

B. duty

C. guilt

D. imputability Answer: D

58. Something that happen outside the sway of ourwill, and

although it comes about through some acts of ourwill, lies

beyond the bound s of humanly foreseeableconsequences.

A. fortuitous event

B. fate

C. accident

D. destiny Answer: C

59. A sworn written statement charging a personwith an offense,

subscribed by the offended party, any peaceofficer or other

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public officer charged with the enforcement of thelaw violated.

A. subpoena

B. information

C. complaint

D. writ Answer: C

60. This right of the accused is founded on theprinciple of

justice and is intended not to protect the guiltybut to

prevent as far as human agencies can theconviction of

an innocent person.

A. right to due process of law

B. presumption of innocence

C. right to remain silent

D. right against self-incrimination Answer: B

61. Known in other countries as the body ofprinciples, practices,

usages and rules of action which are notrecognized in our

country.

A. penal laws

B. special laws

C. common laws

D. statutory laws Answer: C

62. Circumstances wherein there is an absence in theagent of

the crime any of all the conditions that wouldmake an act.

voluntary and hence, though there is no criminalliability

there is civil liability

A. Exempting

B. alternative

C. justifying

D. aggravating Answer: A

63. Circumstances wherein the acts of the person arein accordance

with the law, and hence, he incurs no criminal andcivil

liability.

A. exempting

B. alternative

C. justifying

D. aggravating Answer: C

64. When the offender enjoys and delights in makinghis victim

suffers slowly and gradually, causing himunnecessary physical

pain in the consummation of the criminal act.

A. Ignominy

B. cruelty

C. treachery

D. masochism Answer: B

65. One, who at the time of his trial for one crimeshall have

been previously convicted by final judgment ofanother crime

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embraced in the same title of the Revised PenalCode.

A. Recidivism

B. habitual delinquency

C. reiteracion

D. quasi-recidivism Answer: A

66. Alevosia means

A. Craft

B. treachery

C. evident premeditation

D. cruelty Answer: B

67. The law hears before it condemns, proceedsupon inquiry and

render judgment after a fair trial.

A. ex post facto law

B. equal protection of the law

C. rule of law

D. due process of law Answer: D

68. A person if within a period of 10 years from thedate of his

release or last conviction of the crime of seriousor less

serious physical injuries, robbery, theft, estafa or

falsification, he is found guilty of any of the saidcrimes

a third time or oftener.

A. Recidivist

B. quasi-recidivist

C. habitual delinquent

D. hardened criminal Answer: C

69. A kind of evidence which cannot be rebutted orovercome.

A. Primary

B. Best

C. Secondary

D. Conclusive Answer: D

70. A kind of evidence which cannot be rebutted or

overcome.

A. Primary

B. Best

C. Secondary

D. Conclusive Answer: D

71. These questions suggest to the witness the

answers to which

an examining party requires.

A. leading

B. misleading

C. stupid

D. hearsay Answer: A

72. A method fixed by law for the apprehension andprosecution of

persons alleged to have committed a crime, andfor their

punishment in case of conviction

A. Criminal Law

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B. Criminal Evidence

C. Criminal Procedure

D. Criminal Jurisprudence Answer: C

73. The period of prescription of crimes punishableby death.

A. 20 years

B. 15 years

C. 10 years

D. 40 years Answer: A

74. Persons who take direct part in the execution of acrime.

A. Accomplices

B. Accessories

C. Instigators

D. Principals Answer: D

75. A crime against honor which is committed byperforming any

act which casts dishonor, discredit, or contemptupon

another person.

A. libel

B. slander by deed

C. incriminating innocent person

D. intriguing against honor Answer: B

76. The improper performance of some act whichmight lawfully

be done.

A. misfeasance

B. malfeasance

C. nonfeasance

D. dereliction Answer: B

77. A sworn statement in writing, made upon oathbefore an

authorized magistrate or officer.

A. subpoena

B. writ

C. warrant

D. affidavit Answer: D

78. Any other name which a person publicly appliesto himself

without authority of law.

A. alias

B. common name

C. fictitious name

D. screen name Answer: C

79. A special aggravating circumstance where aperson, after

having been convicted by final judgment, shallcommit a

new felony before beginning to serve such

sentence, or

while serving the same.

A. quasi-recidivism

B. recidivism

C. reiteracion

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D. charivari Answer: A

80. Which of the following is not a person inauthority?

A. Municipal mayor

B. Private School Teacher

C. Police Officer

D. Municipal Councilor Answer: C

81. In its general sense, it is the raising ofcommotions or

disturbances in the State.

A. Sedition

B. Rebellion

C. Treason

D. Coup d etat Answer: A

82. The length of validity of a search warrant from its

date.

A. 30 days

B. 15 days

C. 10 days

D. 60 days Answer: C

83. The detention of a person without legal groundsby a public

officer or employee.

A. illegal detention

B. arbitrary detention

C. compulsory detention

D. unauthorized detention Answer: B

84. A breach of allegiance to a government,committed by a person

who owes allegiance to it.

A. treason

B. espionage

C. rebellion

D. coup d etat Answer: A

85. A building or structure, exclusively used for rest

and comfort.

A. sanctuary

B. prison

C. jail

D. dwelling Answer: D

86. The mental capacity to understand the difference

between

right and wrong.

A. treachery

B. premeditation

C. recidivism

D. discernment Answer: D

87. Conspiracy to commit this felony is punishableunder the law.

A. Estafa

B. Murder

C. Rebellion

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D. Rape Answer: C

88. It means that the resulting injury is greater thanthat

which is intended.

A. Aberratio ictus

B. Error in personae

C. Dura Lex Sed lex

D. Praeter Intentionem Answer: D

89. It means mistake in the blow.

A. Aberratio Ictus

B. Error in Personae

C. Dura lex sed lex

D. Praeter Intentionem Answer: A

90. A stage of execution when all the elementsnecessary for its

execution and accomplishment are present.

A. Attempted

B. Frustrated

C. Consummated

D. Accomplished Answer: C

91. An act or omission which is the result of amisapprehension

of facts that is voluntary but not intentional.

A. Absolutory Cause

B. Mistake of facts

C. Conspiracy

D. Felony Answer: B

92. Crimes that have three stages of execution.

A. Material

B. Formal

C. Seasonal

D. Continuing Answer: A

93. Felonies where the acts or omissions of theoffender are

malicious.

A. Culpable

B. Intentional

C. Deliberate

D. Inculpable Answer: B

94. It indicates deficiency of perception.

A. Negligence

B. Diligence

C. Imprudence

D. Inference Answer: A

95. Acts and omissions punishable by special penallaws.

A. Offenses

B. Misdemeanours

C. Felonies

D. Ordinances Answer: A

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96. A character of Criminal Law, making it bindingupon all persons

who live or sojourn in the Philippines.

A. General

B. Territorial

C. Prospective

D. Retroactive Answer: A

97. A legislative act which inflicts punishmentwithout

judicial trial.

A. Bill of Attainder

B. Bill of Rights

C. Ex Post Facto Law

D. Penal Law Answer: A

98. The taking of a person into custody in order thathe may be

bound to answer for the commission of anoffense.

A. Search

B. Seizure

C. Arrest

D. Detention Answer: C

99. Pedro stole the cow of Juan. What was the crime

committed?

A. Robbery

B. Farm Theft

C. Qualified Theft

100. Pedro, a 19 year old man had sexual intercoursewith her 11

year old girlfriend without threat, force orintimidation.

What was the crime committed?

A. Child rape

B. Qualified Rape

C. Statutory Rape

D. None of these Answer: C