CRIMINAL LAW & JURISPRUDENCE

1. Can file complaint – (a) offended party, (b) peace officer, (c) public officer (law enforcer)
2. Elements of Malicious Mischief: (a) offender deliberately caused damage to property of
another; (b) damage caused did not constitute arson or crimes involving destruction; & (c) The
damage was caused maliciously by the offender.
3. Elements of Homicide: (a) person is killed; (b) accused killed him without any justifying
circumstances; (c) accused had the intention to kill, which is presumed; & (d) killing was not
attended by any of qualifying circumstances of murder, or by that of parricide or infanticide.
4. Judicial notice: facts already known or ought by judges; cognizance of matters – without need
of introducing evidence; matters as facts - no evidence of their existence
RULE 129. WHAT NEED NOT BE PROVED.
a. Matters or facts subject of judicial notice
b. Matters or facts subject of judicial admission
c. Matters or facts which are legally presumed
d. Matters or facts Community

d upon
e. Matters or facts which are exclusively within the knowledge of the opposing party
f. Matters or facts which are irrelevant
g. Matters or facts in the nature of negative allegations subject to certain exceptions
5. Rebellion – not crime against national security by public order
Crimes against Public Order
a. Art. 134. Rebellion or insurrection
b. Article 134-A. Coup d'etat
c. Art. 136. Conspiracy and proposal to commit coup d'etat, rebellion or insurrection
d. Art. 137. Disloyalty of public officers or employees
e. Art. 138. Inciting a rebellion or insurrection
f. Art. 139. Sedition
g. Art. 141. Conspiracy to commit sedition
h. Art. 142. Inciting to sedition

Crimes against National Security and Law of Nations

1. Art. 114. Treason
2. Art. 115. Conspiracy and proposal to commit treason
3. Art. 116. Misprision of treason
4. Art. 117. Espionage
5. Art. 118. Inciting to war or giving motives for reprisals
6. Art. 119. Violation of neutrality
7. Art. 120. Correspondence with hostile country
8. Art. 121. Flight to enemy country
9. Art. 122. Piracy in general and mutiny on the high seas
10. Art. 123. Qualified piracy
6. Elements of Malicious Mischief: Always remember that it is intentional. Look for word:
deliberately. The word inadvertently is highly inconsistent with the crime of malicious mischief.
Inadvertently means without knowledge or intention. Malicious means marked by deep ill will;
deliberately harmful.
7. Forgery but crimes against public interest: not crime committed by public officers
Crimes Committed by Public Officers
a. Art. 204. Knowingly rendering unjust judgment
b. Art. 205. Judgment rendered through negligence
c. Art. 206. Unjust interlocutory order
d. Art. 207. Malicious delay in the administration of justice
e. Art. 208. Prosecution of offenses; negligence and tolerance
f. Art. 209. Betrayal of trust by an attorney or solicitor. — Revelation of secrets
g. Art. 210. Direct bribery
h. Art. 211. Indirect bribery
i. Art. 212. Corruption of public officials
j. Art. 213. Frauds against the public treasury and similar offenses
k. Art. 214. Other frauds
l. Art. 215. Prohibited transactions
m. Art. 216. Possession of prohibited interest by a public officer
n. Art. 217. Malversation of public funds or property; Presumption of malversation
o. Art. 218. Failure of accountable officer to render accounts
p. Art. 219. Failure of a responsible public officer to render accounts before leaving the country
q. Art. 220. Illegal use of public funds or property
r. Art. 221. Failure to make delivery of public funds or property
s. Art. 222. Officers included in the preceding provisions
t. Art. 223. Conniving with or consenting to evasion
u. Art. 224. Evasion through negligence
v. Art. 225. Escape of prisoner under the custody of a person not a public officer
w. Art. 226. Removal, concealment or destruction of documents
x. Art. 227. Officer breaking seal
y. Art. 228. Opening of closed documents
z. Art. 229. Revelation of secrets by an officer
aa. Art. 230. Public officer revealing secrets of private individual
bb. Art. 231. Open disobedience
cc. Art. 232. Disobedience to order of superior officers, when said order was suspended by inferior
officer
dd. Art. 233. Refusal of assistance
ee. Art. 234. Refusal to discharge elective office
ff. Art. 235. Maltreatment of prisoners
gg. Art. 236. Anticipation of duties of a public office
hh. Art. 237. Prolonging performance of duties and powers
ii. Art. 238. Abandonment of office or position
jj. Art. 239. Usurpation of legislative powers
kk. Art. 240. Usurpation of executive functions
ll. Art. 241. Usurpation of jArt. 245. Abuses against chastity; Penaltiesudicial functions
mm. Art. 242. Disobeying request for disqualification
nn. Art. 243. Orders or requests by executive officers to any judicial authority
oo. Art. 244. Unlawful appointments

Crimes against Public Interest

a. Art. 161. Counterfeiting the great seal of the Government of the Philippine Islands, forging the
signature or stamp of the Chief Executive
b. Art. 162. Using forged signature or counterfeit seal or stamp
c. Art. 163. Making and importing and uttering false coins
d. Art. 164. Mutilation of coins; Importation and utterance of mutilated coins
e. Art. 165. Selling of false or mutilated coin, without connivance
f. Art. 166. Forging treasury or bank notes on other documents payable to bearer; importing, and
uttering such false or forged notes and documents
g. Art. 167. Counterfeiting, importing and uttering instruments not payable to bearer
h. Art. 168. Illegal possession and use of false treasury or bank notes and other instruments of
credit
i. Art. 169. Forgery
j. Art. 170. Falsification of legislative documents
k. Art. 171. Falsification by public officer, employee or notary or ecclesiastic minister
l. Art. 172. Falsification by private individual and use of falsified documents
m. Art. 173. Falsification of wireless, cable, telegraph and telephone messages, and use of said
falsified messages
n. Art. 174. False medical certificates, false certificates of merits or service, etc.
o. Art. 175. Using false certificates
p. Art. 176. Manufacturing and possession of instruments or implements for falsification
q. Art. 177. Usurpation of authority or official functions
r. Art. 178. Using fictitious name and concealing true name
s. Art. 179. Illegal use of uniforms or insignia
t. Art. 180. False testimony against a defendant
u. Art. 181. False testimony favorable to the defendants
v. Art. 182. False testimony in civil cases
w. Art. 183. False testimony in other cases and perjury in solemn affirmation
x. Art. 185. Machinations in public auctions
y. Art. 186. Monopolies and combinations in restraint of trade
z. Art. 187. Importation and disposition of falsely marked articles or merchandise made of gold,
silver, or other precious metals or their alloys
aa. Art. 188. Subsisting and altering trade-mark, trade-names, or service marks
bb. Art. 189. Unfair competition, fraudulent registration of trade-mark, trade-name or service
mark, fraudulent designation of origin, and false description

8. For search to be considered as an incident of the arrest, it must be made at the place where the:
Arrest was effected
What are the requirements in a warrantless search incidental to a lawful arrest?
• Arrest must be lawful
• Contemporaneous with arrest in both time and place. People vs Dela Cruz (G.R. No. 129296.
September 25, 2000)
• Within vicinity of person arrested, immediate control, which is evidence of offense or
weapon

9. When evidence is presented to vary the terms of a written agreement, there is the application of
the ____________ evidence rule: Parol

• Documentary evidence: Documents as evidence consist of writings or any material containing

letters, words, numbers, figures, symbols or other modes of written expressions offered as proof of
their contents.
• Best Evidence Rule: about contents of documents
• Parol Evidence Rule: about agreement in writing

10. Rights of Witness does not include right to remain silent.

Rights of Witness (Sec. 3, Rule 132, RRE)

• Protected from irrelevant, improper, or insulting questions, and from harsh or insulting
demeanor;
• Not to be detained longer than interests of justice require;
• Not to be examined except only as to matters pertinent to issue;
• Not to given answer which will tend to subject him to penalty for offense unless otherwise
provided by law, or
• Not to give answer which will tend to degrade his reputation, unless it be very fact at issue or to
fact from which fact in issue would be presumed.

11. Accessory (helping escape of principal) to infanticide: not punishable

Accessory referred to here refers to person who harbors, conceals, or assists in escape of
principals of crime of:
• treason,
• parricide,
• murder,
• attempt to take life of Chief Executive,

12. Falsification is not a private crime; may be prosecuted by persons other than offended party

Crimes Requiring Complaint of Offended Party

• Adultery & concubinage:
– Complaint of offended spouse
– Both guilty parties shall be charged
– No prosecution if OdP consented or pardoned offenders
• SARAL: Seduction, Abduction, Rape, Acts of Lasciviousness
– Complaint by OdP or her parents, grandparents, or guardian
– No prosecution if OdP is expressly pardoned by above-named persons
– Marriage of Odr w/ OdP extinguishes criminal action/remits penalty already imposed upon him
– Applicable to co-principals, accomplices, & accessories.

13. Questions allowed to be asked to witness who is unwilling to testify: Leading

Leading questions are allowed of an unwilling or hostile witness. (Sec. 10{d}, Rule 132, RRE)
Hostile witness: one who testifies on a material matter unfavorable to the party who calls him.
Adverse witness: one called by or associated with the opposing party.

14. Science involving technical knowledge about traces of crime is known as: Forensic Science
15. Coup d’ etat: R.A. 6968
16. Movement of the offender is restricted: not aggravating circumstance
Aggravating circumstances:
• Taking advantage of public position
• Disrespect due to rank, age, sex
• Abuse of confidence
• Dwelling
• Band
• Uninhabited place
• Nighttime
• Recidivism - offender at the time of his trial for one crime previously convicted by final
judgment of another embraced in same title of RPC.
• Reiteracion/repitition - offender previously punished for offense law attaches equal/ greater
penalty or for 2 or more crimes to which it attaches lighter penalty.
• Habitual delinquency - offender within period of 10 years from date of release or last
conviction of crimes of serious or less serious physical injuries, robo, hurto, estafa or
falsification, is found guilty of any of said crimes a third time or oftener.
• Quasi-recidivism - person commits felony after convicted by final judgment before beginning to
serve such sentence or while serving such sentence: maximum period prescribed by law for
new felony.
• In consideration of a price, reward or promise
• By means of inundation or fire
• Evident premeditation
• Craft
• Abuse of superior strength
• Treachery
• Ignominy
• Cruelty
• Unlawful entry
• Motor vehicle
• Organized or syndicated crime group

17. Sandiganbayan: co-equal to Court of Appeals

Sandiganbayan:
• "People's Advocate“
• Special court
• Presidential Decree No. 1606
• Equivalent to the Court of Appeals
• Consists of 14 Associate Justices and 1 Presiding Justice

18. Premature marriage: not crime against honor

Crimes against Honor

• Art. 353. Definition of libel
• Art. 358. Slander
• Art. 359. Slander by deed
• Art. 359. Slander by deed
• Art. 359. Slander by deed
NOTE: Premature marriage punished under Art. 351 under Crimes against Civil Status of Persons.

19. Things to be used for escaping: not included among properties may be taken by the officer
effecting the arrest
Search incident to lawful arrest; Properties to take:
• dangerous weapons
• anything which may have been used
• anything which may constitute proof in commission of offense

20. Sexual harassment (REPUBLIC ACT NO. 7877): not crime against chastity

Crimes against Chastity:

• Art. 333. Adultery
• Art. 334. Concubinage
• Art. 335. Rape
• Art. 336. Acts of lasciviousness
• Art. 337. Qualified seduction
• Art. 338. Simple seduction
• Art. 339. Acts of lasciviousness with the consent of the offended party
• Art. 340. Corruption of minors
• Art. 341. White slave trade
• Art. 342. Forcible abduction
• Art. 343. Consented abduction

• Offense similar to sexual harassment:

– Art. 245. Abuses against chastity
21. Cohabiting with another: not element of BIGAMY
Elements of Bigamy:
• Offender has been legally married;
• 1st marriage not legally dissolved, or in case his or her spouse is absent, absent spouse not
judicially declared presumptively dead;
• He/she contracts subsequent marriage;
• Subsequent marriage valid if not for existence of first.

22. In matters of form, after the accused has pleaded, amendment of the complaint or information
shall be: With leave of court

• Rule applicable: Sec. 14, Rule 110, RRCP

• WHEN CAN A COMPLAINT OR INFORMATION BE AMENDED?
– General rule:
• Before plea,
• Amendment in form or in substance
• Without leave of court
– Exception: if amendment will
• Downgrade offense or
• Drop accused from complaint or information
• Requisites to observe:
– Amendment: motion of prosecutor
– Notice to offended party
– Leave of court
– Court states reason in resolving motion
– Copies of resolution given to all parties, especially offended party

• WHEN CAN A COMPLAINT OR INFORMATION BE AMENDED?

– After plea:
• Amendment in form
• With leave of court
• Not causing prejudice to rights of accused .

• WHEN CAN A COMPLAINT OR INFORMATION BE SUBSTITUTED?

– Any time before judgment: there is mistake in charging proper offense, and
– Accused cannot be convicted of offense charged or of any other offense necessarily included
therein
– Does place accused in double jeopardy

• WHEN RIGHTS OF THE ACCUSED MAY BE PREJUDICED BY AN AMENDMENT?

– Defense in original information no longer available
– Evidence under original information longer available
– Evidence under original information longer be applicable

• WHAT ARE SUBSTANTIAL AMENDMENTS?

– Amendments involving recital of facts constituting offense and determinative of jurisdiction of
court
– All other matters are merely of form
– After plea, substantial amendments are prohibited

23. Corroborative – of different kind – key word: DIFFERENT; Cumulative – of the same kind –
key word: SAME
24. Evidence is given by written instruments are said to be: Documentary
25. Characteristic of criminal law that states that penal law binds all persons residing or sojourning
in territory: Generality

Characteristics of Criminal Law:

• GENERAL – criminal law is binding on all persons who live or sojourn in Philippine territory
(art 14, New Civil Code).
– Exemptions:
• As provided in treaties and laws of preferential application.
• By virtue of principles of Pubic international law
• GENERAL
– Exemptions:
• By virtue of principles of Pubic international law:
– Sovereigns and other chiefs of state
– Ambassadors, ministers plenipotentiary, ministers resident, and charges d’ affaires, ambassadors
extraordinary
• TERRITORIAL – Penal laws of the Philippines are enforceable only within its territory
– It is subject to certain exceptions by international agreements and practice. Meaning, penal laws
may apply OUTSIDE of its TERRITORY.
• PROSPECTIVITY: It means that acts or omissions will only be subject to a penal law if they are
committed after a penal law had already taken effect.
– It is subject to certain EXCEPTIONS.
– PROSPECTIVITY:
o Exceptions to Prospectivity
 (new) law favorable to offender;
 offender not habitual delinquent; and
 no provision in (new) law against its retroactive application.

26. Name of the clerk of court: NOT required to be stated in order that complaint or information
may be sufficient

• Applicable rule: Sec. 6, Rule 110, RRCP

• Sufficiency of complaint or information:
– name of accused
– designation of offense given by statute
– acts or omissions complained of as constituting offense
– name of offended party
– approximate date of commission of offense
– place where offense was committed
27. R.A. 8049: Anti-Hazing Law
28. In case of corporations, the criminal action is instituted or filed against: Officers of the
corporation

• CAN YOU FILE A COMPLAINT AGAINST A JURIDICAL PERSON?

– No, criminal complaint cannot lie against juridical person. (G.R. No. 173807 April 16, 2009)
– If corporation violates law, officer, through whom corporation acts, answers criminally for his
acts.

29. Actual commission of crime charged is known in criminal law as: Execution

• Execution – act of accomplishing some aim or executing some order.

• Participation – act of sharing in activities of group.
• Corpus delicti – body of evidence that constitute offense; objective proof that crime has been
committed (sometimes mistakenly thought to refer to body of homicide victim)
• In flagrante delicto – Doing something reprehensible or showing clear evidence of having done
something reprehensible

30. Effect of institution of criminal action on period of prescription: Interrupted

• Applicable rule: Sec. 1, Rule 110, RRCP

• Institution of criminal action:
– Interrupts running of period of prescription of offense unless otherwise provided for in special
laws.
– Rule doesn’t apply to violations of municipal ordinances and special laws—interrupted
only by institution of judicial proceedings for their investigation and punishment, while
violations of municipal ordinances prescribe after 2 months.

31. Judges of the MTC: Cannot conduct preliminary investigation

• Reference: A.M. No. 05-8-26-SC

• Re: Amendment of Rules 112 and 114 of the Revised Rules on Criminal Procedure by Removing
the Conduct of Preliminary Investigation from Judges of the First Level Courts, which took effect
on October 3, 2005.

32. Judgment of the MTC under the rule on summary procedure shall: Be

• Applicable rule: Sec. 21, Rule IV, Revised Rules of Summary Procedure
• Summary Procedure:
– Court decides case through evidence and affidavits presented by parties.
• Criminal cases:
– Violations of traffic laws, rules and regulations
– Violations of the rental law
– Violations of municipal or city ordinances
– Offense: imprisonment not more than 6 mos, or fine not more than P1K, or both
– Damage to property thru criminal negligence where fine is not more than P10k

33. Under the Rule on Summary Procedure, before conducting the trial, the court shall call the
parties to a: Preliminary conference

• Applicable rule: Sec. 14, Rule III, Revised Rules of Summary Procedure
• Preliminary conference
– Calling of parties by court to take up:
• Stipulation of facts may be entered into
• Propriety of allowing accused to plead guilty to lesser offense may be considered
• Other matters as may be taken up to clarify issues and to ensure speedy disposition of case

34. During trial, amendment of complaint or information maybe made: by leave and at the
discretion of the court.

• Applicable rule: Sec. 14, Rule 110, RRCP

– Amendment can still be made after plea:
• But in form only
• With leave of court
• Not causing prejudice to rights of accused .

35. In the first form of direct assault, the aim of the offender is to attain any of the purposes of the
crimes of: Rebellion, sedition

• Applicable article: Art. 48, RPC

• 2 Kinds of Direct Assault (DA)
1. Without public uprising by employing force or intimidation to attain any of purposes of
rebellion or sedition.
2. When, without public uprising, offender: (i) Attacks (ii) Employs force (iii) Seriously
intimidates or seriously resists (iv) Any person in authority or his agent (v) while engaged in
performance of official duties or on the occasion thereof (vi) knowing him to be such.

36. Perpetuation of testimony is found in Rule: 134

• Rule 132 – PRESENTATION OF EVIDENCE

• Rule 130 – Rules of Admissibility
• Rule 128 – General Provisions
• Rule 134 – Perpetuation of Testimony

37. Non-expert may not give his opinion regarding: The handwriting of a person which he learned
to write.
• Applicable rule: Sec. 50, Rule 130, RRE
• Opinion of ordinary witnesses. — The opinion of a witness for which proper basis is given, may
be received in evidence regarding —
– Identity of person about whom he has adequate knowledge;
– Handwriting with which he has sufficient familiarity; and
– Mental sanity of person with whom he is sufficiently acquainted.

38. Rule based on spontaneity of statement: Res gestae

• Res gestae
– Latin meaning things done
– rule of evidence that covers words that are so closely associated with occurrence that words are
considered part of occurrence and as such their report does not violate hearsay rule.
– In order to admit statements as evidence part of res gestae, element of spontaneity is critical.
• Res gestae: Test of Spontaneity
– time that lapsed between occurrence of act or transaction and making of statement;
– place where statement was made;
– condition of declarant when he made statement;
– presence or absence of intervening events between occurrence and statement relative thereto;
– nature and circumstances of statement itself.

39. If falsification of a genuine document is committed in order to commit estafa, the proper crime
for which the person should be charged is: Falsification

• Falsification is already committed but estafa is still to be committed.

• Reference: Crimes against Public Interest, RPC
• As to complexing with Estafa: Estafa cannot be complexed with Falsification of Private
document. Reason is because both have common element which is damage
• Crime is falsification if deception cannot be committed without falsification, i.e. falsification is
committed as means to commit estafa.
• It is estafa if estafa can be committed without necessity of falsifying document.

40. If A shot B with intent to kill him but without hitting him, then desisted from firing again, he
is: Liable for an attempted felony.
41. Illness that diminishes the exercise of will power: NOT an aggravating circumstance but

• Illness that diminishes the exercise of will power is a mitigating circumstance.

Mitigating Circumstances:
• Incomplete justifying or exempting
• Under 18 yrs of age or over 70 yrs old
• No intention to commit so grave a wrong as that committed
• Sufficient provocation or threat on part of offended party immediately preceded act
• Immediate vindication of a grave offense
• Passion or obfuscation
• Voluntary surrender/voluntary confession of guilt
• Illness
• Analogous circumstances

42. The method fixed by law for the apprehension and prosecution of one who is charged with a
criminal offense and for his punishment if found guilty is: Criminal procedure
43. Physical activities or deeds indicating the intention to commit a particular crime is known as:
overt acts

• Intent is a mental state, the existence of which is shown by the overt act of a person.
• Overt acts:
– Are external acts which if allowed to continue its natural course would definitely result into
felony.
– It is start of criminal liability because offender has commenced commission of offense with
overt acts.

44. Fulfillment of duty: NOT mitigating circumstance but justifying circumstance

• Fulfillment of duty is justifying circumstance.

• Justifying circumstances:
– No civil liability except par. 4, Art. 11 (avoidance of evil or injury). Person civilly liable is one
benefited by act which causes damage to another.
– Accused must prove existence of justifying circumstances.
Justifying Circumstances
• Self-defense
• Defense of relative
• Defense of stranger
• Avoidance of evil or injury
• Fulfillment of duty/lawful exercise of a right or office
• Obedience to lawful order

45. Penalty: Suffering undergone by one who commits a crime

46. Snatching is characterized by: Violence of persons
47. NOT an element of misprision of treason: The offender is a foreigner

• Applicable law: Art. 116, RPC

• Elements of Misprision of Treason:
– Offender must be owing allegiance to government and not foreigner
– He has knowledge of any conspiracy to commit treason against government
– He conceals or does not disclose and make known same as soon as possible to governor or fiscal
of province or mayor or fiscal of city in which he resides

48. Compulsion of an irresistible force: NOT justifying circumstance

• Compulsion of an irresistible force is an exempting circumstance.
Exempting Circumstances
• There is crime but no criminal liability, hence, no criminal.
• There is civil liability except in nos. 4 (Accident & 7 (Insuperable cause).
• Accused must prove existence of exempting circumstance
• Imbecility and insanity
• 15 years of age and under (R.A. 9344)
• Above 15 years but below 18 years of age acting without discernment (R.A. 9344)
• Accident
• Compulsion of irresistible force
• Impulse of uncontrollable fear

49. Under the law, principals and accomplices are liable for light offense.

• Applicable law: Art. 7 & Art. 16, RPC

– Art. 7: Light felonies are punishable only when they have been consummated, with exception of
those committed against person or property.
• Art. 16: The following are criminally liable for light felonies:
– Principals
– Accomplices.

50. Corruption of minors, as a form of abuse, is punishable under Republic Act 7610

• R.A. 7610 – Special Protection of Children Against Abuse, Exploitation and Discrimination Act
• R.A. 7879 – Conversion of Davao Regional Institute of Fisheries Technology into Davao del
Norte State College
• R.A. 8177 – Lethal Injection
• R.A. 7941 – Party-List System Act

51. Elements of Death Caused in Tumultuous Affray:

• Several persons
• Did not compose groups
• Several persons quarreled and assaulted one another in confused and tumultuous manner
• Someone was killed in course of affray
• Cannot be ascertained who actually killed deceased
• Person or persons who inflicted serious physical injuries or who used violence can be identified
52. Obligation imposed upon party who alleges existence of fact or thing necessary in prosecution
or defense of action to establish it by proof is: Burden of proof
• Burden of proof a.k.a. Burden of Persuasion or Standard of Proof or Onus Probandi – duty of
party alleging case to prove it.
– lies w/ plaintiff
– lies too w/ defendant as to his defenses & counter-claim
• Burden of Evidence a.k.a. Burden of Going Forward – duty of party to establish prima facie in
his favor to overcome prima facie case against him.
53. No complaint involving any matter within the lupon shall be filed directly in court unless there
has been a CONFRONTATION between parties before the lupon or pangkat.

• Both terms appear once in P.D. 1508 as repealed by R.A. 7160.

• Meeting appears in Sec. 4, P.D. 1508
– If he fails in his effort within fifteen (15) days from first meeting of parties before him....
• Confrontation appears in Sec. 6, P.D. 1508
– No complaint, petition, action or proceeding involving any matter within authority of Lupon as
provided in Section 2 hereof shall be filed or instituted in court or any other government office for
adjudication unless there as been confrontation of the parties....
• Confrontation is term being used upon which question was quoted.

54. The criminal action shall be instituted and tried in the court of the territory where the offense
was committed.

• Applicable rule: Sec. 15, Rule 110, RRCP

• Place where action is to be instituted:
a. Subject to existing laws, the criminal action shall be instituted and tried in court of municipality
or territory where offense was committed or where any of its essential ingredients occurred.
b. Where offense is committed in train, aircraft, or other public or private vehicle in course of its
trip....
c. Where offense is committed on board vessel in course of its voyage...
d. Crimes committed outside Philippines but punishable under Article 2 of Revised Penal Code....

55. When the owner forcibly ejects his lessee for his apartment unit, he is: Liable for grave
coercion

• Applicable law: Art. 286, RPC

• Grave Coercion; Elements
– Person prevented another from doing something not prohibited by law, or he compelled him to
do something against his will, be it right or wrong
– Prevention or compulsion be effected by violence, threats or intimidation
– Person that restrained will and liberty of another had no authority of law or right to do so, or, in
other words, that restraint shall not be made under authority of law or in exercise of lawful right
• Grave Coercion: violence or intimidation
• Light coercion/unjust vexation: no violence or intimidation
• MELCHOR G. MADERAZO, SENIFORO PERIDO, and VICTOR MADERAZO, JR. vs
PEOPLE OF THE PHILIPPINES (G.R. No. 165065 September 26, 2006)

56. Under RPC, illegal associations are those which are organized for purposes: committing any of
crimes punishable under RPC or for some purpose contrary to public morals.

• Applicable law: Art. 147, RPC

57. A person who fails to render assistance to someone he has accidentally wounded or injured is
liable for: Abandonment

• Applicable law: Art. 275, RPC: Abandonment of person in danger and abandonment of one’s
own victim
1. Fail to render assistance to any person whom he shall find in uninhabited place wounded or in
danger of dying, when he can render such assistance without detriment to himself, unless such
omission shall constitute more serious offense.
2. Fail to help or render assistance to another whom he has accidentally wounded or injured.
3. Found abandoned child under seven years of age, & fail to deliver said child to authorities or to
his family, or fail to take him to safe place.

58. Hearing the decision: Not purpose of Pre-Trial

• Pre-Trial means before trial. Thus, decision is out of place.

• Applicable rule: Sec.1, Rule 118
– plea bargaining;
– stipulation of facts;
– marking for identification of evidence of parties;
– waiver of objections to admissibility of evidence;
– modification of order of trial if accused admits charge but interposes lawful defense; and
– such matters as will promote fair and expeditious trial of criminal and civil aspects of case.

59. Evidence of collateral facts or circumstances from which an inference may be drawn as to the
probability or improbability of the facts in dispute is: Circumstantial
Circumstantial evidence
• A.k.a. Indirect evidence
• Proof of facts or fact from which taken singly or collectively, existence of particular fact in issue
maybe inferred or presumed as necessary or probable consequence.
• Applies only in criminal cases
• Governed under Sec. 4, Rule 133, RRE
• Sufficient for conviction:
– more than one circumstance
– facts from which inference derived are proven
– combination of all circumstances is such as to produce conviction beyond reasonable doubt

60. Possession of goods, articles, items or anything of value which has been object of thievery, or
robbery is prima facie evidence of fencing.

• Applicable law: Sec. 5, P.D. 1612, Anti-Fencing Law

• Presumption of Fencing. — Mere possession of any good, article, item, object, or anything of
value which has been subject of robbery or thievery shall be prima facie evidence of fencing.
• Prima facie:
– Latin expression meaning on its first appearance, or at first sight.
• Prima Facie Evidence:
– Denotes evidence which, if unexplained or uncontradicted, is sufficient to sustain proposition it
supports or to establish the facts, or to counterbalance presumption of innocence to warrant
conviction of accused. (Salonga vs. Cruz-Paño, 134 SCRA 438)

61. Elements of Other Forms of Trespass:

– Offender enters closed premises or fenced estate of another
– Entrance is made while either of them is uninhabited
– Prohibition to enter be manifest
– Trespasser has not secured permission of owner or caretaker thereof

62. Imputing to innocent person the commission of a crime constitutes: Incriminatory machination

• Applicable law: Art. 363, RPC:

– Acts not constituting perjury but directly tending to cause false prosecution of another and is
limited to “planting evidence”
– Evidence should not however consist of drug or drug paraphernalia else act is specifically
known as Planting Evidence punished by Dangerous Drugs Law.

63. Testimony of witness – did not see suspect committing crime: Negative.

• Positive evidence – witness affirms fact did or did not occur. Ex: witness declares there was no
fight which took place.
• Negative evidence – witness states he did not see or know occurrence of fact. Ex: when accused
presents witnesses who testify that accused was at their party when crime was committed.
• Denials and alibi are negative evidences.
• General rule: positive evidence prevails over negative evidence, or that positive assertion is
given more weight over plain denial.

64. No damage is caused to a third party: NOT element of infidelity in custody of official
documents

• Elements of infidelity in the custody of official documents:

– Offender is public officer;
– He abstracts, destroys or conceals document or papers;
– Said document or papers should have been entrusted to such public officer by reason of his
office;
– Damage, whether serious or not, to third party or to public interest has been caused

65. When do crimes punishable by arresto mayor prescribe? Five

• Applicable law: Art. 90, RPC (Prescription of Crime).

– Death, reclusion perpetua or reclusion temporal = 20 yrs
– Other afflictive penalties = 15 yrs
– Correctional penalty = 10 yrs
– Arresto mayor = 5 yrs
– Libel or other similar offenses = 1 yr
– Oral defamation and slander by deed = 6 mos
• Simple slander prescribes in 2 months
• Grave slander prescribes in 6 months
– Light offenses = 2 mos
• Applicable law: Art. 92, RPC (Prescription of Penalty).
– Death, reclusion perpetua = 20 yrs
– Other afflictive penalties = 15 yrs
– Correctional penalty = 10 yrs
– Arresto mayor = 5 yrs
– Light penalties = 1 yr.
• Prescription of Crime: Start
– From commission of offense or its discovery, if commission is unknown.
– Not necessary: accused is arrested.
– Continuing crime — cannot begin to run for there could be no termination of continuity and
crime does not end.
– Crime is discovered by (a) offended party, (b) authorities, or (c) their agents.
• Prescription of Penalty: Start
– From date culprit evaded service of sentence.
– Interrupted when convict:
• Gives himself up
• Be captured
• Goes to foreign country with which we have no extradition treaty
• Commits another crime before expiration of prescription

• When Prescription (of Crime/Penalty) Not Apply

– Subject goes to another country.
– Philippines has no extradition treaty.

66. Delaying detention: not kind of arbitrary detention

• Kinds of Arbitrary Detention

a. Arbitrary Detention (Proper) – Art. 124, RPC
b. Delay in delivery of detained persons to proper judicial authorities – Art. 125, RPC
c. Delaying release – Art. 126, RPC

67. When are documentary evidences objected to? Upon their formal offer

Offer of Evidence:
• Court shall consider no evidence which has not been formally offered. Purpose for which
evidence is offered must be specified.
– Testimony = time witness is called to testify
– Documentary & object = after presentation of party’s testimonial evidence
– Marking of document as exhibit = not offer of evidence; formal offer of documentary evidence
is done only when party rests its case.
Objection to Documentary Evidence:
• Made at the time it is formally offered, not earlier.
• At the time is synonymous to upon.

68. When the law punishes the crime with a penalty that in its maximum period is correctional,
there exists what we call less grave felonies.

• Applicable law: Art. 9, RPC

– Grave felonies = capital punishment or afflictive
– Less grave felonies = correctional
– Light felonies = arresto menor or a fine not exceeding 200 pesos or both

69. In attempted felony, the offender never passes the subjective phase of the offense.

• Subjective phase
– From time act is executed until time of last act necessary to produce crime
– Attempted stage: accused has not yet passed subjective phase
• Objective phase
– portion in commission of crime where accused has performed last act necessary to produce
intended crime and where he has no more control over results of his acts.
– Frustrated stage: accused has passed subjective phase and is now in the objective phase

70. Slight physical injuries, a light offense, prescribes in two months

71. To prove beyond reasonable doubt the essential elements of the offense with which the
accused is charged is on the prosecution
72. If a duplicitous complaint or information is filed, the remedy of the accused is to file a motion
to: Quash

• Applicable rule: Sec. 13, Rule 110, RRCP

• WHAT IS THE RULE ON DUPLICITY OF OFFENSES?
– General rule: complaint or information must charge only one offense
– Exception: when law provides only one punishment for various offenses (complex &
compound crimes under Article 48 of RPC & special complex crimes)
• WHAT IS THE EFFECT OF THE FAILURE OF THE ACCUSED TO OBJECT TO A
DUPLICITOUS INFORMATION?
– Right is deemed waived, and he may be convicted of as many offenses as there are charged.
• WHAT IS THE REMEDY OF AN ACCUSED IN CASE OF DUPLICITOUS OFFENSES
CHARGED AGAINST HIM?
– Motion to quash
73. After recording the proceedings of a trial, the stenographer can make a transcript thereof.
74. By conspiracy, one may be liable for the act of the other.
75. Stop and frisk: included in allowable search and seizure without warrant. MANALILI V.
COURT OF APPEALS - 280 SCRA 400
76. HOMICIDE & ILLEGAL POSSESSION OF FIREARMS: Not correct charge.

• With passage of Republic Act No. 8294 on June 6, 1997, use of unlicensed firearm in murder or
homicide is now considered, not as separate crime, but merely special aggravating circumstance.
G.R. No. 131592-93. February 15, 2000.
• R.A. No. 8294
– "If homicide or murder is committed with use of unlicensed firearm, such use of unlicensed
firearm shall be considered as aggravating circumstance.

77. R.A. 8294: Illegal Possession of Firearms

78. For search to be considered incident of the arrest, it should be made at the place where the:
Arrest was effected
79. Name of the court: Not included in requirement of complaint or information.
80. The original document is available if offeror produces it: Not a requisite for presentation of
secondary evidence.

Requisites for Presentation of Secondary Evidence:

• Original document existed and duly executed,
• Lost, destroyed or cannot be produced in court,
• Unavailable without bad faith on part of offeror, and
• If several original copies, all must be accounted for.

81. Prosecutor receiving sum of money in return for refraining to prosecute crime where
imposable penalty is Reclusion Perpetua: Qualified bribery

Applicable law: Arts. 210, 211, 211-A, & 212, RPC

• Art. 210 – Direct Bribery
– Agreeing to perform, or performing, in consideration of any offer, promise, gift or present – and
act constituting crime, in connection w/ performance of his official duties.
– Accepting gift in consideration of execution of act w/c does not constitute crime, in connection
with performance of his official duty.
– Agreeing to refrain, or by refraining, from doing something which is his official duty to do, in
consideration of gift or promise.
• Art. 210 – Direct Bribery: Elements
– Offender be PO w/ scope of Art. 203
– Offender accepts offer or promise or receives gift or present by himself or thru another
– Offer or promise be accepted, or gift or present received by public officer:
• to commit some crime; or
• to execute act w/c does not constitute crime, but act must be unjust
• to refrain from doing something which it is his official duty to do
– Act w/c offender agrees to perform or w/c he executes be connected w/ performance of his
official duties
• Art. 211 – Indirect Bribery: Elements
– Offender is PO
– He accepts gifts
– Gifts are offered to him by reason of his office
• Art. 211-A – Qualified Bribery: Elements
– Offender is PO or entrusted w/ law enforcement
– Offender refrains from arresting or prosecuting offender who has committed crime punishable
by RP &/or death
– Offender refrains from arresting or prosecuting offender in consideration of any promise, gift or
present
• Art. 212 – Corruption of Public Officials: Elements
– Offender offers or promises or gives gifts or presents to PO
– Offers or promises are made or gifts or presents given to public officer, under circumstances
that will make public officer liable for direct bribery or indirect bribery
• Art. 212 – Corruption of Public Officials: Important notes
– Offender is giver or offeror
– PO to be bribed not criminally liable, unless he accepts gift or consents
– Bribery usually proved by evidence acquired in entrapment

82. Bail is a matter of discretion upon conviction by RTC of offense not punishable by death,
reclusion perpetua, or life imprisonment

Applicable rule: Sec. 4 & 5, Rule 114, RRCP

• Bail, a matter of right
– Before/after conviction by MeTC, MTC, MTCC, or MTCC
– Before conviction by RTC of offense not punishable by death, reclusion perpetua, or life
imprisonment
• Bail, a matter of discretion
– Upon conviction by RTC of offense not punishable by death, reclusion perpetua, or life
imprisonment

83. The quality of evidence necessary for a court to affirm a decision of an administrative body. It
is more popularly known as substantial evidence: Quantum of evidence

Substantial evidence:
• Administrative cases or quasi-judicial bodies.
• Amount of relevant evidence w/c reasonable mind might accept as adequate to justify
conclusion.
• Less than preponderance of evidence

84. The robbers enter the house. Upon entering through the window, one of the robbers stepped on
and killed a child less than 3 days old. The crime is: Robbery with homicide
Applicable law: par. 1, Art. 295, RPC
• Crime defined: special complex crime.
• “On occasion” or “by reason”: must be committed in course of or because of robbery
• Robbery and homicide are separate offenses: homicide NOT committed “on occasion” or “by
reason” of robbery
• Homicide – all types of killing (generic term)
• No robbery with infanticide

85. Acts Punishable as Frauds Against Public Treasury:

• Entering into any agreement w/ any interested party or speculator or making use of any other
scheme, to defraud gov’t, in dealing w/ any person w/ regard to furnishing supplies, making of
contracts, or adjustment or settlement of accounts relating to property or funds.
• Collecting/receiving, directly/indirectly, by way of payment/otherwise, things/objects of nature
different from that provided by law, in collection of taxes, licenses, fees, & other imposts

Elements of Frauds against Public Treasury:

– Offender be PO
– Taken advantage of his office, that is, he intervened in transaction in his official capacity
– Entered into agreement w/ any interested party/speculator/made use of any other scheme w/
regard to furnishing supplies, making of contracts, or adjustment/settlement of accounts relating to
public property or funds
– Accused had intent to defraud the gov’t
Elements of Illegal Exaction:
– Offender is PO entrusted w/ collection of taxes, licenses, fees & other imposts
– He is guilty of acts 2, 3 & 4 (above in Acts Punishable as Frauds Against Public Treasury)

86. The evidentiary fact (the evidence): Factum probans

• Factum Probandum - refers to ultimate fact to be proven, or proposition to be established. That,

which party wants to prove to court. E.g.: guilt or innocence; existence of breach of contract;
existence of obligation; fact of payment; injury or damage incurred.
• Factum Probans – refers to evidentiary facts by w/c factum probandum will be proved.
Examples: written contract; promissory note to prove existence of unpaid debt.
• Falsus in uno, falsus in omnibus – False in one thing, false in everything. It refers to testimony of
a witness who, if shown to have sworn falsely in one thing, may be considered unworthy of belief
as to everything he testified.
• Force majeure – extraordinary events not foreseeable/avoidable, events that could not be
foreseen, or which, though foreseen, are inevitable.

87. The existence of a valid prejudicial question may cause the suspension of the trial

Applicable rule: Secs. 6 & 7, Rule 111, RRCP

• May court motu propio order dismissal of criminal action where there is prejudicial question to
be resolved?
– No, court can only suspend criminal action upon petition but it has no authority to order its
dismissal.
• What is prejudicial question?
– Prejudicial question is one based on fact separate and distinct from crime but is so intimately
related to it that it determines guilt or innocence of accused .
• What is the rule regarding prejudicial question?
– In case civil action was instituted ahead of criminal action, same shall be suspended in whatever
stage it may be found & before judgment is merits upon commencement of criminal action.

• Elements of Prejudicial Question

– Previously filed civil action involves issue w/c is similar or is intimately related w/ issue raised
in subsequent criminal action
– Resolution of issue will determine whether or not criminal action may proceed

88. Acts of Lasciviousness: Art. 336, RPC

– Act of making physical contact w/ body of another person for purpose of obtaining sexual
gratification other than, or w/o intention of, sexual intercourse.
– Contact may be by body of accused such as by lips, hands, foot; or by means of any object or
instrument. In either case there must be no form of insertion into anus, mouth or sex organ
amounting to rape through sexual abuse.
– Distinguished from Attempted Rape: no intent to have sexual intercourse w/ victim. Intent
inferred from circumstances of time, place, & occasion, or inferred from nature of act itself.
– Distinguished from Unjust Vexation: no lewd design in unjust vexation.
– If acts of lasciviousness upon a child: sexual abuse punished under R.A. 7610 (The Child
Abuse Law) ( Olivarez vs. C.A., July 29, 2006)
• Kinds of Acts of Lasciviousness
– Forcible (Article 336) if made under circumstances of forcible rape, i.e through force, threat,
violation, intimidation.
 Accused any person and victim male or female
– Consented: (Article 339) if made under circumstances of seduction whether simple or qualified
i.e.
 victim female of chaste character
 over 12 years but below 18 years, or widow
 deceit or abuse of authority, abuse of confidence or abuse of relationship

89. What is the law on lethal injection? RA 8177

90. Judgements of conviction becomes final:
a. After the lapse of 15 days from the date of promulgation
b. When the accused expressly waives in writing his right to appeal
c. When the appeal already filed is withdrawn from the court

91. Revised Penal Code took effect on January 1, 1932

92. It is committed by any person who, on the high seas shall attack or seize a vessel or, not being
a member of its complement nor a passenger, shall seize whole or part of the cargo of said vessel,
its equipment or personal belongings of its compliment or passengers: Piracy
93. If a person possessed items, goods or anything of value and was derived from robbery or
thievery. It is a n indication of prima facie of fencing.
94. BP 22 not a continuing crime.
95. What kind of evidence is given by a witness which states that he did not saw/know whether a
crime was committed? Negative
96. The law creating Dangerous Drug Board in the Philippines is: RA 6425
97. The motion for leave of court to file demurer to evidence shall be filed within 5 days.
98. The Anti – Wiretapping Law: RA 4200
99. Abortion: not physical injury
100. Those kind of evidence addressed to the senses of the tribunal: Real

Baka makatulong�
3 BRANCHES OF GOVERMENT
QUIZ# 37

1) Controls the impeachment process.

A. Judicial Branch
B. Executive Branch
C. Legislative Branch
D. All 3 branches

2) Commands the armed forces.

A. Judicial Branch
B. Executive Branch
C. Legislative Branch
D. All 3 branches

3) Appointed for life with good behavior.

A. Judicial Branch
B. Executive Branch
C. Legislative Branch
D. All 3 branches

4) Elected directly by the people.

A. Supreme Court
B. JusticesCabinet
C. Congress
D. Armed forces

5) Can veto legislation.

A. Judicial Branch
B. Executive Branch
C. Legislative Branch
D. All 3 branches

6) Can declare a law unconstitutional.

A. Judicial Branch
B. Executive Branch
C. Legislative Branch
D. All 3 branches

7) Formally declares war.

A. Judicial Branch
B. Executive Branch
C. Legislative Branch
D. All 3 branches

8) The_________________is a part of the Judicial branch of the government.

A. Congress
B. Senate
C. Cabinet
D. Supreme Court

9) The senate is a part of the___________ branch of the government.

A. Legislative
B. Executive
C. Judicial

10) The President is a part of the_______________

A. Legislative branch
B. Executive branch
C. Judicial branch.

11) Which branch of the government carries out the laws?

A. Legislative
B. Executive
C. Judicial

12) Which branch of government evaluates laws?

A. Legislative
B. Executive
C. Judicial

13) Which branch of the government makes, debates, and passes the laws?
A. Legislative
B. Executive
C. Judicial

14) What are the two houses of Congress?

A. House of Representatives and Senate
B. House of Representatives and the President
C. Senate and the President

15) How many Senators does each state have?

A. 2
B. 4
C. 6

16) What is the highest court in the land?

A. Supreme Court
B. Judicial Branch
C. House of Representatives

17) Representation in the House of Representatives is based on _________?

A. state population
B. equal representation
C. popular vote

18) How many justices serve on the Supreme Court?

A. 5
B. 7
C. 9

19) Who is the leader of the Executive Branch?

A. Supreme Court Justices
B. The President
C. The Speaker of the House

20) Who names new Supreme Court Justices?

A. The President
B. The Electoral College
C. Congress

21) How long do Supreme Court Justices serve?

A. 4 years
B. 6 years
C. for life

22) What are the three branches of Government

A. Legislative,Federalist, and Republican
B. Judicial, Executive, and Legislative
C. Legislative, Democrat, and Nationalist

23) Which branch has the most power?

A. Executive branch
B. Legislative branch
C. Judicial branch
D. None of the above

24) How many branches are there?

A. 33
B. 30
C. 3
D. 32

25) Which branch can veto laws?

A. Judicial BRANCH
B. Executive BRANCH
C. Legislative BRANCH
D. NONE OF THE ABOVE

26) Which Branch are the Senators?

A. Legislative Branch
B. Executive Branch
C. Judicial Branch
D. None of the above

27) Which Branch was the Supreme Court?

A. Judicial Branch
B. Legislative Branch
C. Executive Branch
D. None of the Above

28) Which Branch is the President?

A. Executive Branch
B. Judicial branch
C. Legislative Branch
D. None of the above
29) Controls the impeachment process.
A. Judicial Branch
B. Executive Branch
C. Legislative Branch
D. All 3 branches

30) Can veto legislation.

A. Judicial Branch
B. Executive Branch
C. Legislative Branch
D. All 3 branches

31) True/False: The President can "check" the Judicial Branch by appointing justices to the
Supreme Court.
A. True
B. False

32) True/False: The Legislative Branch can "check" the Executive Branch by overriding the
President's veto with a 2/3 majority.
A. True
B. False

33) The system in place that is designed to prevent one branch from becoming all powerful.
A. Democracy
B. Republic
C. The New Jersey Plan
D. Checks and Balances

34) What is the primary job of the Judicial Branch?

A. Make Laws
B. Carry out the laws
C. Interpret Laws
D. Taxes

35) What is the primary job of the Executive Branch?

A. Interpret Laws
B. Execute/carry out Laws
C. Impeachment
D. Checks and Balances

36) The President, Vice President, and the Cabinet fall under which branch of government?
A. Judicial
B. Executive
C. Legislative
D. Republic

37) True/False? Congress is made up of two houses. (The House of Representatives and The
Senate)
A. True
B. False

38) Congress falls under which branch of government?

A. Judicia
B. Executive
C. Legislative
D. Democratic

39) If Congress overrides a President's veto it must be with a _____ majority

A. 1/2
B. 3/4
C. 2/5
D. 2/3

40) How old do you have to be to run for president?

A. 30
B. 40
C. 50
D. 60

-repost

FIVE PILLARS
Law enforcement
Prosecution
Court
Correction
Community

Order President Previous Executive Experience

1 Emilio Aguinaldo Mayor of Kawit, President of the Tejeros Revolutionary Government,
President of the Biak-na-Bato Republic, Dictator of the Dictatorial Government & President of the
Revolutionary Government
2 Manuel L. Quezon Governor of Tayabas
3 José P. Laurel Secretary of the Interior
4 Sergio Osmeña Governor of Cebu, Secretary of Public Instruction, Vice President of the
Philippines
5 Manuel Roxas Governor of Capiz
6 Elpidio Quirino Vice President of the Philippines
7 Ramon Magsaysay Military Governor of Zambales, Secretary of Department of National
Defense
8 Carlos P. Garcia Governor of Bohol, Vice President of the Philippines
9 Diosdado Macapagal Vice President of the Philippines
10 Ferdinand E. Marcos No previous executive experience
11 Corazon C. Aquino No previous executive experience
12 Fidel V. Ramos Chief of Staff of the Armed Forces of the Philippines, Secretary of
Department of National Defense
13 Joseph Ejercito Estrada Mayor of San Juan, Metro Manila, Vice President of the Philippines,
Chairman of the Presidential Anti-Crime Commission
14 Gloria Macapagal-Arroyo Vice President of the Philippines, Secretary of Department of
Social Welfare and Development, Undersecretary of the Department of Trade and Industry,
Assistant Secretary of the Department of Trade and Industry
15 Benigno S. Aquino III Vice President of Intra-Strata Assurance Corporation, the oldest
non-life insurance company in the Philippines
16 Rodrigo Duterte Mayor of Davao City, Vice Mayor of Davao City