Clj-compendium.pdf

CRIMINAL LAW- THAT BRANCH OF PUBLIC LAW WHICH DEFINES CRIMES TREATS OF THEIR NATURE AND PROVIDES FOR THEIR PUNISHMENT. CRIME IS AN ACT COMMITTED OR OMITTED IN VIOLATION OF A PUBLIC LAW FORBIDDING OR COMMANDING IT

FELONY IS AN ACT OR OMISSION PUNISHABLE BY THE REVISED PENAL CODE

OFFENSE THOSE PUNISHABLE BY SPECIAL LAWS. AN ILLEGAL ACT WHICH DOES NOT AMOUNT TO A CRIME AS DEFINED IN THE PENAL CODE.

INFRACTION VIOLATION OF CITY OR MUNICIPAL ORDINANCES.

SOURCES OF CRIMINAL LAW 1. ACT 3815 KNOWN AS THE REVISED PENAL CODE 2. SPECIAL PENAL LAWS PASSED BY CONGRESS 3. PRESIDENTIAL DECREES ISSUED BY PRESIDENT MARCOS CHARACTERISTICS OF CRIMINAL LAW: (PGT) 1. GENERAL 2. TERRITORIAL 3. PROSPECTIVE ART. 22, RPC.RETROACTIVE EFFECT OF PENAL LAWS. – PENAL LAWS SHALL HAVE RETROACTIVE EFFECT INSOFAR AS THEY FAVOR THE PERSON GUILTY OF A FELONY, WHO IS NOT A HABITUAL CRIMINAL, AS THIS TERM AS THIS TERM IS DEFINED IN RULE 5 OF ARTICLE 62 OF THIS CODE, ALTHOUGH AT THE TIME OF THE PUBLICATION OF SUCH LAWS A FINAL SENTENCE HAS BEEN PRONOUNCED AND THE CONVICT IS SERVING THE SAME. EXCEPTIONS TO THE TERRITORIAL CHARACTERISTICS 1. WHEN THE OFFENDER SHALL COMMIT AN OFFENSE ON A PHILIPPINE SHIP OR AIRSHIP. 2. WHEN THE OFFENDER SHOULD FORGE OR COUNTERFEIT ANY COIN OR CURRENCY NOTE OF THE PHILIPPINES OR OBLIGATIONS AND SECURITIES ISSUED BY THE PHILIPPINE GOVERNMENT. 3. WHEN THE OFFENDER SHOULD BE LIABLE FOR THE ACTS CONNECTED WITH THE INTRODUCTION INTO THE PHILIPPINES OF THE OBLIGATIONS AND SECURITIES MENTIONED IN NUMBER TWO. 4. WHEN THE OFFENDER WHO IS A PUBLIC OFFICER OR EMPLOYEE ABROAD SHALL COMMIT AN OFFENSE IN THE EXERCISE OF HIS FUNCTIONS. 5. WHEN THE OFFENDER SHOULD COMMIT AN OFFENSE AGAINST THE NATIONAL SECURITIES AND THE LAWS OF NATIONS. CONSTRUCTION OF PENAL LAWS: 1. PENAL LAWS ARE STRICTLY CONSTRUED AGAINST THE STATE AND LIBERALLY IN FAVOR OF THE ACCUSED 2. IF THERE IS A CONFLICT BETWEEN THE SPANISH TEXT AND THE ENGLISH TEXT, THE SPANISH TEXT PREVAILS. HISTORY OF THE RPC - ACT 3815 THE REVISED PENAL CODE  THE OLD PENAL CODE WHICH TOOK EFFECT UNTIL DECEMBER 31, 1931.  ADMINISTRATIVE ORDER 94 OF THE DOJ DATED OCTOBER 18, 1927  ANACLETO DIAZ, QUINTIN PAREDES, GUILERMO GUEVARRA, ALEX REYES AND MARIANO DE JOYA  RPC APPROVED DECEMBER 8, 1930  RPC TOOK EFFECT JANUARY 1, 1932  SIGHED BY DWIGHT DAVIS THEORIES IN CRIMINAL LAW: 1. CLASSICAL (JURISTIC) THEORY2. POSITIVIST (REALISTIC) THEORY RULES ON CRIMES COMMITTED ABOARD FOREIGN MERCHANY VESSEL WHILE WITHIN PHILIPPINE WATERS: 1. ENGLISH RULE2. FRENCH RULE LIMITATIONS ON CONGRESS TO ENACT PENAL LAWS 1. NO EX POST FACTO LAW 2. NO BILL OF ATTAINDER 3. NO PERSON SHALL BE DEPRIVED OF LIFE, LIBERTY OR PROPERTY WITHOUT DUE PROCESS OF LAW- THE LAW MUST BE FAIR AND REASONABLE AND THE ACCUSED MUST BE GIVEN THE OPPORTUNITY TO BE HEARD AND BE ACCORDED THE RIGHTS TO WHICH HE IS ENTITLED. 4. EXCESSIVE FINES SHALL NOT BE IMPOSED NOR CRUEL OR UNUSUAL PUNISHMENT . ARTICLE 1. TIME WHEN ACT TAKES EFFECT- JANUARY 1, 1932 ART. 2. APPLICATION OF ITS PROVISIONS. — EXCEPT AS PROVIDED IN THE TREATIES AND LAWS OF PREFERENTIAL APPLICATION, THE PROVISIONS OF THIS CODE SHALL BE ENFORCED NOT ONLY WITHIN THE PHILIPPINE ARCHIPELAGO, INCLUDING ITS ATMOSPHERE, ITS INTERIOR WATERS AND MARITIME ZONE, BUT ALSO OUTSIDE OF ITS JURISDICTION, AGAINST THOSE WHO: 1. SHOULD COMMIT AN OFFENSE WHILE ON A PHILIPPINE SHIP OR AIRSHIP 2. SHOULD FORGE OR COUNTERFEIT ANY COIN OR CURRENCY NOTE OF THE PHILIPPINE ISLANDS OR OBLIGATIONS AND SECURITIES ISSUED BY THE GOVERNMENT OF THE PHILIPPINE ISLANDS; 3. SHOULD BE LIABLE FOR ACTS CONNECTED WITH THE INTRODUCTION INTO THESE ISLANDS OF THE OBLIGATIONS AND SECURITIES MENTIONED IN THE PRESIDING NUMBER; 4. WHILE BEING PUBLIC OFFICERS OR EMPLOYEES, SHOULD COMMIT AN OFFENSE IN THE EXERCISE OF THEIR FUNCTIONS; OR 5. SHOULD COMMIT ANY OF THE CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS, DEFINED IN TITLE ONE OF BOOK TWO OF THIS CODE. Compendium of Criminal Law and Jurisprudence (CLJ)

ART. 3. DEFINITIONS. — ACTS AND OMISSIONS PUNISHABLE BY LAW ARE FELONIES FELONIES ARE COMMITTED NOT ONLY BE MEANS OF DECEIT ( DOLO) BUT ALSO BY MEANS OF FAULT (CULPA). ELEMENTS OF FELONIES IN GENERAL: 1. AN ACT OR OMISSION 2. ACT OR OMISSION PUNISHABLE BY THE RPC 3. ACT IS PERFORMED OR OMISSION IS INCURRED BY MEANS OF DOLO OR CULPA. ACT- IS ANY BODILY MOVEMENT TENDING TO PRODUCE SOME EFFECTS IN THE EXTERNAL WORLD. OMISSION- INACTION, THE FAILURE TO PERFORM AN ACT ONE IS BOUND TO DO. DOLO OR DECEIT OR MALICE (FII) 1. FREEDOM OF ACTION 2. INTELLIGENCE 3. INTENT

CULPA OR FAULT 1. FREEDOM OF ACTION 2. INTELLIGENCE 3. IMPRUDENCE, NEGLIGENT, OR LACK OF FORESIGHT OR LACK OF SKILL

REQUISITES OF MISTAKE OF FACT: 1. THE ACT WOULD HAVE BEEN LAWFUL HAD THE FACTS BEEN AS THE ACCUSED BELIEVED THEM TO BE. 2. THE INTENTION OF THE ACCUSED IN PERFORMING THE ACT SHOULD BE LAWFUL. 3. THAT THE MISTAKE MUST BE WITHOUT FAULT OR CARELESSNESS ON THE PART OF THE ACCUSED CRIMES MALA IN SE VS. CRIMES MALA PROHIBITA MALA IN SE MALA PROHIBITA THOSE SO SERIOUS AS TO CALL FOR VIOLATIONS OF MERE RULES OF CONVENIENCE UNANIMOUS CONDEMNATION DESIGNED TO SECURE A MORE ORDERLY REGULATION OF SOCIETY’S AFFAIRS WRONGFUL IN NATURE MADE WRONGFUL ONLY BY STATUTE GENERALLY PUNISHED BY THE RPC PUNISHED BY SPECIAL LAW INTENT IS NECESSARY INTENT NOT NECESSARY MOTIVE- THE MOVING POWER WHICH IMPELS ONE TO ACTION FOR A DEFINITE RESULT. INTENT IS THE PURPOSE TO USE A PARTICULAR MANES TO AFFECT SUCH RESULT. ART. 4. CRIMINAL LIABILITY. — CRIMINAL LIABILITY SHALL BE INCURRED: 1. BY ANY PERSON COMMITTING A FELONY (DELITO) ALTHOUGH THE WRONGFUL ACT DONE BE DIFFERENT FROM THAT WHICH HE INTENDED. (CRIMES COMMITTED BY MISTAKE) 2. BY ANY PERSON PERFORMING AN ACT WHICH WOULD BE AN OFFENSE AGAINST PERSONS OR PROPERTY, WERE IT NOT FOR THE INHERENT IMPOSSIBILITY OF ITS ACCOMPLISHMENT OR AN ACCOUNT OF THE EMPLOYMENT OF INADEQUATE OR INEFFECTUAL MEANS. ARTICLE 4 (1) MAY REFER TO EITHER: a. ERROR IN PERSONAE b. ABERRATIO ICTUS c. PRAETER INTENTIONEM REQUISITES OF ART. 4 (1) 1. AN INTENTIONAL FELONY HAS BEEN COMMITTED. 2. THE WRONG DONE TO THE VICTIM BE THE DIRECT, NATURAL AND LOGICAL CONSEQUENCE OF THE FELONY COMMITTED BY THE OFFENDER. 3. THE FELONY DONE MUST BE THE PROXIMATE CAUSE OF THE RESULTING INJURY. REQUISITES OF IMPOSSIBLE CRIMES 1. THE ACT PERFORMED WOULD HAVE BEEN AN OFFENSE AGAINST PERSONS OR PROPERTY. 2. THE ACT WAS DONE WITH EVIL INTENT 3. ITS ACCOMPLISHMENT IS INHERENTLY IMPOSSIBLE BECAUSE IT THE MEANS EITHER INADEQUATE OR INEFFECTUAL 4. THE ACT DOES NOT CONSTITUTE ANOTHER VIOLATION OF THE RPC. ART. 5. DUTY OF THE COURT IN CONNECTION WITH ACTS WHICH SHOULD BE REPRESSED BUT WHICH ARENOT COVERED BY THE LAW, AND IN CASES OF EXCESSIVE PENALTIES. — WHENEVER A COURT HAS KNOWLEDGE OF ANY ACT WHICH IT MAY DEEM PROPER TO REPRESS AND WHICH IS NOT PUNISHABLE BY LAW, IT SHALL RENDER THE PROPER DECISION, AND SHALL REPORT TO THE CHIEF EXECUTIVE, THROUGH THE DEPARTMENT OF JUSTICE, THE REASONS WHICH INDUCE THE COURT TO BELIEVE THAT SAID ACT SHOULD BE MADE THE SUBJECT OF LEGISLATION. IN THE SAME WAY, THE COURT SHALL SUBMIT TO THE CHIEF EXECUTIVE, THROUGH THE DEPARTMENT OF JUSTICE, SUCH STATEMENT AS MAY BE DEEMED PROPER, WITHOUT SUSPENDING THE EXECUTION OF THE SENTENCE, WHEN A STRICT ENFORCEMENT OF THE PROVISIONS OF THIS CODE WOULD RESULT IN THE IMPOSITION OF A CLEARL Y EXCESSIVE PENALTY, TAKING INTO CONSIDERATION THE DEGREE OF MALICE AND THE INJURY CAUSED BY THE OFFENSE. ART. 6. CONSUMMATED, FRUSTRATED, AND ATTEMPTED FELONIES. — CONSUMMATED FELONIES AS WELL AS THOSE WHICH ARE FRUSTRATED AND ATTEMPTED, ARE PUNISHABLE. STAGES IN THE EXECUTION OF A FELONY Compendium of Criminal Law and Jurisprudence (CLJ)

1. 2. 3.

CONSUMMATED FRUSTRATED ATTEMPTED

DEVELOPMENT OF A CRIME 1. INTERNAL ACTS- THESE ARE THE MERE IDEAS IN THE MIND OF A PERSON 2. EXTERNAL ACTSa. PREPARATORY ACT- ORDINARILY NOT PUNISHABLE b. ACTS OF EXECUTION- THEY ARE THE STAGES. ALREADY PUNISHABLE. ATTEMPTED FELONY REQUISITES a. OFFENDER COMMENCES THE COMMISSION OF A FELONY DIRECTLY BY OVERT ACTS b. HE DOES NOT PERFORM ALL THE ACTS OF EXECUTION c. HE IS NOT STOPPED BY HIS OWN SPONTANEOUS DESISTANCE d. THE NON-PERFORMANCE OF THE ALL ACTS OF EXECUTION WAS DUE TO CAUSE OR ACCIDENT OTHER THAN HIS OWN SPONTANEOUS DESISTANCE. FRUSTRATED FELONY REQUISITES 1. OFFENDER PERFORMS ALL THE ACTS OF EXECUTION 2. FELONY IS NOT PRODUCED 3. BY REASON OF CAUSE INDEPENDENT OF THE WILL OF THE PERPETRATOR MATTERS TO BE CONSIDERED IN DETERMINING WHETHER A CRIME IS C, F OR A. ------ “MEN” a. THE ELEMENTS PRESENT b. THE NATURE OF THE OFFENSE c. THE MANNER OF THE COMMISSION OF THE CRIME FORMAL CRIMES - ARE CRIMES CONSUMMATED IN ONE INSTANT. THERE IS ONLY ONE STAGE AND THAT IS CONSUMMATED STAGE. MATERIAL CRIMES HAVE THREE STAGES OF EXECUTION, ATTEMPTED, FRUSTRATED AND CONSUMMATED. ART. 7. WHEN LIGHT FELONIES ARE PUNISHABLE. — LIGHT FELONIES ARE PUNISHABLE ONLY WHEN THEY HAVE BEEN CONSUMMATED, WITH THE EXCEPTION OF THOSE COMMITTED AGAINST PERSON OR PROPERTY. ART. 8. CONSPIRACY AND PROPOSAL TO COMMIT FELONY. — CONSPIRACY AND PROPOSAL TO COMMIT FELONY ARE PUNISHABLE ONLY IN THE CASES IN WHICH THE LAW SPECIALLY PROVIDES A PENALTY THEREFOR. A CONSPIRACY EXISTS WHEN TWO OR MORE PERSONS COME TO AN AGREEMENT CONCERNING THE COMMISSION OF A FELONY AND DECIDE TO COMMIT IT. THERE IS PROPOSAL WHEN THE PERSON WHO HAS DECIDED TO COMMIT A FELONY PROPOSES ITS EXECUTION TO SOME OTHER PERSON OR PERSONS. CONSPIRACY AND PROPOSAL TO COMMIT A FELONY- ARE PUNISHABLE ONLY IN THE CASES IN WHICH THE LAW SPECIFICALLY PROVIDES A PENALTY THEREFORE. CASES WHERE MERE CONSPIRACY IS ALREADY PUNISHABLE: “TRI-STAR” 1. CONSPIRACY TO COMMIT TREASON (ART.115); 2. CONSPIRACY TO COMMIT REBELLION OR INSURRECTION (ART. 136); 3. CONSPIRACY TO COMMIT SEDITION (ART. 141); 4. CONSPIRACY IN RESTRAINT OF TRADE OR COMMERCE (ART. 186) 5. CONSPIRACY TO COMMIT TERRORISM UNDER RA 9372 6. CONSPIRACY TO COMMIT ARSON UNDER PD 1613. CASES WHERE MERE PROPOSAL IS ALREADY PUNISHABLE: “TR” 1. PROPOSAL TO COMMIT TREASON (ART. 115); 2. PROPOSAL TO COMMIT REBELLION OR INSURRECTION (ART. 136). ART. 9. GRAVE FELONIES, LESS GRAVE FELONIES AND LIGHT FELONIES. — GRAVE FELONIES ARE THOSE TO WHICH THE LAW ATTACHES THE CAPITAL PUNISHMENT OR PENALTIES WHICH IN ANY OF THEIR PERIODS ARE AFFLICTIVE, IN ACCORDANCE WITH ART. 25 OF THIS CODE. CLASSIFICATION OF FELONIES ACCORDING TO GRAVITY  GRAVE FELONIES- ARE THOSE TO WHICH THE LAW ATTACHES THE CAPITAL PUNISHMENT OR PENALTIES WHICH IN ANY OF THEIR PERIOD ARE AFFLICTIVE.  LESS GRAVE FELONIES ARE THOSE WHICH THE LAW PUNISHES WITH PENALTIES WHICH IN THEIR MAXIMUM PERIOD ARE CORRECTIONAL.  LIGHT FELONIES ARE INFRACTION OF LAWS FOR THE COMMISSION OF WHICH THE PENALTY OF ARRESTO MENOR OR A FINE NOT EXCEEDING 200 PESOS OR BOTH IS PROVIDED. ART. 10. OFFENSES NOT SUBJECT TO THE PROVISIONS OF THIS CODE. — OFFENSES WHICH ARE OR IN THE FUTURE MAY BE PUNISHABLE UNDER SPECIAL LAWS ARE NOT SUBJECT TO THE PROVISIONS OF THIS CODE. THIS CODE SHALL BE SUPPLEMENTARY TO SUCH LAWS, UNLESS THE LATTER SHOULD SPECIALLY PROVIDE THE CONTRARY. CIRCUMSTANCES AFFECTING ONES CRIMINAL LIABILITY (JEMAA) 1. JUSTIFYING CIRCUMSTANCES (ART. 11) 2. EXEMPTING CIRCUMSTANCES (ART 12 3. MITIGATING CIRCUMSTANCES(ART 13) 4. AGGRAVATING CIRCUMSTANCES (ART 14) 5. ALTERNATIVE CIRCUMSTANCES (ART 15) JUSTIFYING CIRCUMSTANCES- THOSE WHERE THE ACT OF A PERSON IS SAID TO BE IN ACCORDANCE WITH THE LAW. AS A CONSEQUENCE HE IS FREED FROM CRIMINAL AND CIVIL LIABILITY.

Compendium of Criminal Law and Jurisprudence (CLJ)

ENUMERATE THE JUSTIFYING CIRCUMSTANCES: 1. SELF DEFENSE 2. DEFENSE OF RELATIVES 3. DEFENSE OF STRANGERS 4. AVOIDANCE OF GREATER EVIL 5. FULFILLMENT OF DUTY 6. OBEDIENCE TO ORDER OF SUPERIOR. 7. BATTERED WOMAN SYNDROME (RAEPUBLIC ACT 9262) PP VS GENOSA SELF DEFENSE - REQUISITES: “URL” 1. UNLAWFUL AGGRESSION; 2. REASONABLE NECESSITY OF THE MEANS EMPLOYED TO PREVENT O R REPEL IT; 3. LACK OF SUFFICIENT PROVOCATION ON THE PART OF THE PERSON DEFENDING HIMSELF UNLAWFUL AGGRESSION- IS ASSAULT OR AT LEAST THREATENED ASSAULT OF AN IMMEDIATE AND IMMINENT KIND.  WHEN THE AGGRESSOR FEES, THERE IS NO MORE UNLAWFUL AGGRESSION  BUT WHEN HE RETREATS TO TAKE ADVANTAGE OF A BETTER POSITION, UNLAWFUL AGGRESSION STILL EXISTS  THERE IS NO UNLAWFUL AGGRESSION WHEN THERE IS AN AGREEMENT TO A FIGHT.  RIGHTS INVOLVED IN SELF-DEFENSE INCLUDES DEFENSE OF HONOR AND PROPERTY.  THE BELIEF OF THE ACCUSED IS CONSIDERED IN DETERMINING THE EXISTENCE OF UNLAWFUL AGGRESSION.  BUT A MERE THREATENING ATTITUDE IS NOT UNLAWFUL AGGRESSION  CASES WHERE THE UNLAWFUL AGGRESSOR IS DISARMED  THE DEFENDER MUST NOT INDISCRIMINATELY FIRE HIS WEAPON TEST OF 1. 2. 3. 4.

REASONABLENESS IN DETERMINING WHETHER THERE IS SELF DEFENSE. NATURE OF THE WEAPON USED BY THE AGGRESSOR QUALITY OF HIS WEAPON THE PHYSICAL CONDITIONS OF BOTH PARTIES PLACE OF THE AGGRESSION AND OTHERS.

PROVOCATION- ANY UNJUST OR IMPROPER CONDUCT ON THE PART OF THE OFFENDED PARTY CAPABLE OF INCITING OR IRRITATING ANY ONE. THINGS TO REMEMBER IN PROVOCATION: 1. THERE MUST BE NO PROVOCATION MADE BY THE ONE CLAIMING SELF-DEFENSE; 2. EVEN IF PROVOCATION WAS GIVEN, IT MUST BE SUFFICIENT PROVOCATION; 3. EVEN IF THE PROVOCATION WAS SUFFICIENT, BUT IT WAS NOT GIVEN BY THE PERSON CLAIMING SELF-DEFENSE THEN THERE IS SELF-DEFENSE. DEFENSE OF RELATIVES - REQUISITES 1. UNLAWFUL AGGRESSION 2. REASONABLE NECESSITY OF THE MEANS EMPLOYED TO PREVENT OR REPEL IT 3. IN CASE THE PROVOCATION WAS GIVEN BY THE PERSON ATTACKED, THE ONE MAKING THE DEFENSE HAD NO PART THEREIN. DEFENSE OF STRANGERS - REQUISITES: 1. UNLAWFUL AGGRESSION 2. REASONABLE NECESSITY OF THE MEANS EMPLOYED TO PREVENT OR REPEL IT 3. THE PERSON DEFENDING BE NOT INDUCED BY REVENGE, RESENTMENT OR OTHER EVIL MOTIVE. AVOIDANCE OF GREATER EVIL - REQUISITES: 1. THAT THE EVIL SOUGHT TO BE AVOIDED ACTUALLY EXISTS; 2. THAT THE INJURY FEARED BE GREATER THAN THAT DONE TO AVOID IT; 3. THAT THERE BE NO OTHER PRACTICAL AND LESS HARMFUL MEANS OF PREVENTING IT FULFILLMENT OF DUTY OR LAWFUL EXERCISE OF RIGHT OR OFFICE - REQUISITES: 1. THE ACCUSED ACTED IN THE PERFORMANCE OF DUTY OR IN THE LAWFUL EXERCISE OF A RIGHT OR OFFICE. 2. THE INJURY CAUSED IS THE CONSEQUENCE OF THE DUE PERFORMANCE OF DUTY OR THE LAWFUL EXERCISE OF SUCH RIGHT OR OFFIC E. OBEDIENCE TO ORDER ISSUED BY A SUPERIOR FOR SOME LAWFUL PURPOSE - REQUISITES 1. A LAWFUL ORDER HAS BEEN ISSUED BY A SUPERIOR; 2. THE MEANS USED BY THE ACCUSED SUBORDINATE TO CARRY OUT SAID ORDER IS LAWFUL EXEMPTING CIRCUMSTANCES- ARE THOSE GROUNDS FOR EXEMPTION FROM PUNISHMENT BECAUSE THERE IS WANTING IN THE AGENT OF THE CRIME ANY OF THE CONDITIONS WHICH MAKE THE ACT VOLUNTARY OR NEGLIGENT. ENUMERATE THE EXEMPTING CIRCUMSTANCES: 1. IMBECILITY; INSANITY (UNLESS THE LATTER ACTED DURING A LUCID INTERVAL) 2. A PERSON UNDER 9 3. A PERSON OVER 9 AND UNDER 15 UNLESS HE HAS ACTED WITH DISCERNMENT. 4. ACCIDENT 5. UNCONTROLLABLE FEAR 6. LAWFUL OR INSUPERABLE CAUSE. ACCIDENT REQUISITES 1. A PERSON PERFORMS A LAWFUL ACT; 2. WITH DUE CARE; 3. HE CAUSES AN INJURY TO ANOTHER;

Compendium of Criminal Law and Jurisprudence (CLJ)

4.

WITHOUT FAULT OR INTENTION OF CAUSING IT.

IRRESISTIBLE FORCE- A FORCE WHICH PRODUCES SUCH AN EFFECT UPON AN INDIVIDUAL THAT, IN SPITE OF ALL RESISTANCE, IT REDUCES HIM TO A MERE INSTRUMENT AND AS SUCH INCAPABLE OF COMMITTING A CRIME UNCONTROLLABLE FEAR - THE EXEMPTING CIRCUMSTANCE OF UNCONTROLLABLE FEAR PRESUPPOSES THAT THE ACCUSED IS COMPELLED BY MEANS OF THREAT OR INTIMIDATION BY A THIRD PERSON TO COMMIT A CRIME. ABSOLUTORY CAUSES 1. ART 247. DEATH OR PHYSICAL INJURIES UNDER EXCEPTIONAL CIRCUMSTANCES 2. ART. 280 (3) TRESPASS 3. ART. 332. PERSONS EXEMPT FROM CRIMINAL LIABILITY 4. ART. 20. ACCESSORIES EXEMPTED 5. ART. 6 ON SPONTANEOUS DESISTANCE INSTIGATION – ONE WHICH TAKES PLACE WHEN A PEACE OFFICER INDUCES A PERSON TO COMMIT A CRIME. WITHOUT THE INDUCEMENT, THE CRIME WOULD NOT BE COMMITTED. IT EXEMPTS ONE FROM CRIMINAL LIABILITY. BATTERED WIFE- A WOMAN WHO IS REPEATEDLY SUBJECTED TO ANY FORCEFUL PHYSICAL OR PSYCHOLOGICAL BEHAVIOR BY A MAN IN ORDER TO DO SOMETHING HE WANTS HER TO DO WITHOUT CONCERN FOR HER RIGHTS. IT INCLUDES WIVES OR WO MAN IN ANY FORM OF INTIMATE RELATIONSHIP WITH A MAN. THE COUPLE MUST GO THROUGH THE BATTERING CYCLE AT LEAST TWICE. (PP VS. MARIVIC GENOSA 419 SCRA 542) THE CYCLES OF VIOLENCE IN BATTERED WOMAN SYNDROME 1. TENSION BUILDING STAGE 2. ACUTE BATTERING INCIDENT 3. TRANQUIL OR LOVING PHASE MITIGATING CIRCUMSTANCES- THOSE WHICH IF PRESENT IN THE COMMISSION OF A CRIME, DO NOT ENTIRELY FREE THE ACTOR FROM CRIMINAL LIABILITY BUT REDUCES ONLY THE PENALTY. ENUMERATE THE MITIGATING CIRCUMSTANCES 1. INCOMPLETE JUSTIFYING OR EXEMPTING CIRCUMSTANCE 2. UNDER 18 3. NO INTENTION TO COMMIT SO GRAVE A WRONG (PRAETER INTENTIONEM) 4. SUFFICIENT PROVOCATION OR THREAT 5. VINDICATION OF A GRAVE OFFENSE 6. PASSION OR OBFUSCATION 7. VOLUNTARY SURRENDER/VOLUNTARY CONFESSION OF GUILT 8. DEAF, DUMB, BLIND AND OTHER PHYSICAL DEFECTS 9. ILLNESSES WHICH DIMINISH WILL POWER 10. ANALOGOUS CIRCUMSTANCES. NO INTENTION TO COMMIT SO GRAVE A WRONG AS THAT COMMITTED THIS MITIGATING CIRCUMSTANCE IS INVOCABLE ONLY IN FELONIES RESULTING IN SOME PHYSICAL HARM LIKE PHYSICAL INJURIES, HOMICIDE ETC. SUFFICIENT PROVOCATION OR THREAT IMMEDIATELY PRECEDED THE ACT IMMEDIATE VINDICATION OF A GRAVE OFFENSE PASSION OR OBFUSCATION REQUISITES: 1. THERE IS AN ACT UNLAWFUL AND SUFFICIENT TO PRODUCE PASSION OR OBFUSCATION; 2. THE ACT WHICH PRODUCED SUCH EMOTION MUST NOT BE FAR REMOVED FROM THE COMMISSION OF THE CRIME, DURING WHICH THE ACCUSED MIGHT RECOVER HIS NORMAL EQUANIMITY VOLUNTARY SURRENDER  VOLUNTARY SURRENDER MUST BE MADE TO A PERSON IN AUTHORITY OR HIS AGENTS  A SURRENDER IS VOLUNTARY WHEN IT IS SPONTANEOUS IN SUCH A MANNER THAT IT SHOWS THE INTEREST OF THE ACCUSED TO SURRENDER VOLUNTARILY TO THE AUTHORITIES EITHER BECAUSE HE ACKNOWLEDGES HIS GUILT OR WISHES TO SAVE THE AUTHORITIES THE EXPENSES INCURRED IN HIS SEARCH. VOLUNTARY CONFESSION OF GUILT/PLEA OF GUILTY REQUISITES 1. IT MUST BE MADE IN OPEN COURT 2. IT MUST BE MADE PRIOR TO THE PRESENTATION OF EVIDENCE OF THE PROSECUTION AGGRAVATING CIRCUMSTANCES- ARE THOSE WHICH IF ATTENDANT IN THE COMMISSION OF THE OFFENSE, WOULD SERVE TO INCREASE THE PENALTY. ENUMERATION OF AGGRAVATING CRCUMSTANCES: 1. ADVANTAGE OF PUBLIC POSITION 2. IN CONTEMPT OR WITH INSULT TO PUBLIC AUTHORITIES 3. DISRESPECT ON THE RANK, AGE OR SEX OF THE OFFENDED PARTY; THE CRIME IS COMMITTED IN THE DWELLING OF OFFENDED PARTY 4. ABUSE OF CONFIDENCE OR OBVIOUS UNGRATEFULNESS 5. PALACE OF THE CHIEF EXECUTIVE, OR IN HIS PRESENCE, OR PLACE WHERE AUTHORITIES DISCHARGE THEIR DUTIES, OR PLACE OF RELIGIOUS WORSHIP 6. NIGHTTIME, UNINHABITED PLACE, BAND 7. ON OCCASION OF CONFLAGRATION, SHIPWRECK ETC. 8. AID OF ARMED MEN 9. RECIDIVIST

Compendium of Criminal Law and Jurisprudence (CLJ)

10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21.

REITERATION PRICE, REWARD OR PROMISE INUNDATION, FIRE, POISON, ETC EVIDENT PREMIDITATION CRAFT, FRAUD OR DISGUISE SUPERIOR STRENGTH OR MEANS TO WEAKEN DEFENSE TREACHERY IGNOMINY UNLAWFUL ENTRY WALL, ROOF, FLOOR BE BROKEN AID OF PERSONS UNDER 15, MOTOR VEHICLE CRUELTY

ADVANTAGE OF PUBLIC POSITION IN CONTEMP OF OR WITH INSULT TO PUBLIC AUTHORITIES INSULT OR DISRESPECT OF THE RANK, AGE OR SEX - THIS AGGRAVATING CIRCUMSTANCE IS APPLICABLE ONLY IN CRIMES AGAINST HONOR OR PERSONS CRIME COMMITTED IN THE DWELLING OF THE OFFENDED PARTY ABUSE OF CONFIDENCE OR OBVIOUS UNGRATEFULNESS PALACE OF THE PRESIDENT, OR IN HIS PRESENCE, OR PLACES WHERE PUBLIC AUTHORITIES ARE ENGAGED IN DUTIES, OR PLACE OF RELIGIOUS WORSHIP. NIGHTIME- THAT PERIOD OF DARKNESS BEGINNING AT END OF DUSK AND ENDING AT DAWN.  NOT AGGRAVATING IF CRIME COMMENCED IN DAYTIME  IF THE LOCUS CRIMINIS IS LIGHTED NO AGGRAVATING OF NIGHTTIME UNINHABITED PLACE- ONE WHERE THERE ARE NO HOUSES OR WHERE THE HOUSES ARE SCATTERED AT A GREAT DISTANCE FROM EACH OTHER BAND- WHENEVER MORE THAN THREE ARMED MALEFACTORS SHALL HAVE ACTED TOGETHER IN THE COMMISSION OF AN OFFENSE, IT SHALL BE DEEMED TO HAVE BEEN COMMITTED BY A BAND. ON THE OCCASION OF CONFLAGRATION, SHIPWECK, EARTHQUAKE OTHER CALAMITY OR MISFOR TUNE AID OF ARMED MEN/AID OF PERSONS WHO INSURE OR AFFORD IMPUNITY RECIDIVIST- ONE WHO AT THE TIME OF HIS TRIAL FOR ONE CRIME, SHALL HAVE BEEN PREVIOUSLY CONVICTED BY FINAL JUDGMENT OF ANOTHER CRIME EMBRACED IN THE SAME TITLE OF THE REVISED PENAL CODE. OFFENDER HAS BEEEN PREVIUOSLY PUNISHED FOR: 1. AN OFFENSE TO WHICH THE LAW ATTACHES AN EQUAL OR GREATER PENALTY OR 2. FOR TWO OR MORE CRIMES TO WHICH IT ATTACHES A LIGHTER PENALTY THIS AGGRAVATING CIRCUMSTANCE IS KNOWN AS REITERATION. PRICE REWARD OR PROMISE INUNDATION, FIRE, POISON, EXPLOSION, STRANDING OF A VESSEL, DERAILMENT OF LOCOMOTIVE OR USING ANY ARTIFICE INVOLVING GREAT WASTE AND RUIN EVIDENT PREMEDITATION- IT INVOLVES A DETERMINATION TO COMMIT THE CRIME PRIOR TO THE MOMENT OF ITS EXECUTION AND ALSO TO CARRY OUT THE CRIMINAL INTENT WHICH MUST BE THE RESULT OF DELIBERATE, CALCULATED AND REFLECTIVE THOUGHTS THROUGH A PERIOD OF TIME SUFFICIENT TO DISPASSIONATELY CONSIDER AND ACCEPT THE CONSEQUENCES THEREOF, THUS INDICATING GREATER PERVERSITY REQUISITES OF EVIDENT PREMEDITATION? 1. THE TIME WHEN THE OFFENDER DETERMINED TO COMMIT THE CRIME; 2. AN ACT MANIFESTLY INDICATING THAT THE CULPRIT HAS CLUNG TO HIS DETERMINATION; 3. A SUFFICIENT LAPSE OF TIME BETWEEN THE DETERMINATION AND EXECUTION, TO ALLOW HIM TO REFLECT UPON THE CONSEQUENCES OF HIS ACT AND TO ALLOW HIS CONSCIENCE TO OVERCOME THE RESOLUTION OF HIS WILL. CRAFT- IS A CIRCUMSTANCE CHARACTERIZED BY TRICKERY OR CUNNING RESORTED TO BY THE ACCUSED, TO CARRY OUT HIS DESIGN. IT IS THE USE OF INTELLECTUAL TRICKERY A ND CUNNING ON THE PART OF THE ACCUSED. FRAUD- INSIDIOUS WORDS OR MACHINATIONS USED TO INDUCE THE VICTIM TO ACT IN A MANNER WHICH WOULD ENABLE THE OFFENDER TO CARRY OUT HIS DESIGN. DISGUISE- IT INVOLVES THE DELIBERATE EFFORT OF THE ACCUSED TO CONCEAL HIS IDENTITY IN THE COMMISSION OF THE CRIME. USE OF SUPERIOR STRENGHT OR MEANS EMPLOYED TO WEAKEN THE DEFENSE. TREACHERY- THERE IS TREACHERY WHEN THE OFFENDER COMMITS ANY OF THE CRIMES AGAINST THE PERSON, EMPLOYING MEANS, METHODS OR FORMS IN THE EXECUTION THE REOF WHICH TEND DIRECTLY AND SPECIALLY TO INSURE ITS EXECUTION, WITHOUT RISK TO HIMSELF ARISING FROM THE DEFENSE WHICH THE OFFENDED PARTY MIGHT MAKE. IGNOMINY- IS A CIRCUMSTANCE PERTAINING TO THE MORAL ORDER, WHICH ADDS DISGRACE AND OBLOQUY TO THE MATERIAL INJURY CAUSED BY THE CRIME. IT IS A CIRCUMSTANCE THAT

Compendium of Criminal Law and Jurisprudence (CLJ)

TENDS TO MAKE THE EFFECTS OF THE CRIME MORE HUMILIATING, THUS ADDING TO THE VICTIM’S MORAL SUFFERINGS. UNLAWFUL ENTRY- THERE IS UNLAWFUL ENTRY WHEN AN ENTRANCE IS AFFECTED BY A WAY NOT INTENDED FOR THE PURPOSE. WALL, ROOF, FLOOR, DOOR OR WINDOW BE BROKEN AID OF PERSONS UNDER 15 YEARS OF AGE USE OF MOTOR VEHICLES, AIRSHIPS OR OTHER SIMILAR MEANS CRUELTY- A CIRCUMSTANCE WHEREBY THE OFFENDER ENJOYS AND DELIGHTS IN MAKING HIS VICTIM SUFFER SLOWLY AND GRADUALLY, CAUSING HIM UNNECESSARY PHYSICAL PAIN IN THE CONSUMMATION OF HIS CRIMINAL ACT. FOUR KINDS OF AGGRAVATING CIRCUMSTANCE: (GIS – Q) 1. GENERIC 2. INHERENT 3. QUALIFYING 4. SPECIFICALTERNATIVE CIRCUMSTANCE - ARE THOSE WHICH MUST BE TAKEN INTO CONSIDERATION A S AGGRAVATING OR MITIGATING ACCORDING TO THE NATURE AND EFFECTS OF THE CRIME AND THE OTHER CONDITIONS ATTENDING ITS COMMISSION (RID) PERSONS CRIMINALLY LIABLE FOR FELONIES ART. 16. WHO ARE CRIMINALLY LIABLE — THE FOLLOWING ARE CRIMINALLY LIABLE FOR GRAVE AND LESS GRAVE FELONIES: 1. PRINCIPALS. 2. ACCOMPLICES. 3. ACCESSORIES. WHO ARE THE PERSONS WHO MAY BE CRIMINALLY LIABLE (DEGREE OF PARTICIPATION) 1. PRINCIPALS 2. ACCOMPLICES 3. ACCESSORIES ART. 17. PRINCIPALS. — THE FOLLOWING ARE CONSIDERED PRINCIPALS: 1. THOSE WHO TAKE A DIRECT PART IN THE EXECUTION OF THE ACT; 2. THOSE WHO DIRECTLY FORCE OR INDUCE OTHERS TO COMMIT IT; 3. THOSE WHO COOPERATE IN THE COMMISSION OF THE OFFENSE BY ANOTHER ACT WITHOUT WHICH IT WOULD NOT HAVE BEEN ACCOMPLISHED. THREE CLASSIFICATIONS OF PRINCIPALS 1. THOSE WHO TAKE A DIRECT PART IN THE EXECUTION OF THE ACT. 2. THOSE WHO DIRECTLY FORCED OR INDUCED OTHERS TO COMMIT IT 3. THOSE WHO COOPERATE IN THE COMMISSION OF THE OFFENSE BY ANOTHER ACT WITHOUT WHICH IT WOULD NOT HAVE BEEN ACCOMPLISHED ART. 18. ACCOMPLICES. — ACCOMPLICES ARE THOSE PERSONS WHO, NOT BEING INCLUDED IN ART. 17, COOPERATE IN THE EXECUTION OF THE OFFENSE BY PREVIOUS OR SIMULTANEOUS ACTS. ART. 19. ACCESSORIES. — ACCESSORIES ARE THOSE WHO, HAVING KNOWLEDGE OF THE COMMISSION OF THE CRIME, AND WITHOUT HAVING PARTICIPATED THEREIN, EITHER AS PRINCIPALS OR ACCOMPLICES, TAKE PART SUBSEQUENT TO ITS COMMISSION IN ANY OF THE FOLLOWING MANNERS: 1. BY PROFITING THEMSELVES OR ASSISTING THE OFFENDER TO PROFIT BY THE EFFECTS OF THE CRIME. 2. BY CONCEALING OR DESTROYING THE BODY OF THE CRIME, OR THE EFFECTS OR INSTRUMENTS THEREOF, IN ORDER TO PREVENT ITS DISCOVERY. 3. BY HARBORING, CONCEALING, OR ASSISTING IN THE ESCAPE OF THE PRINCIPALS OF THE CRIME, PROVIDED THE ACCESSORY ACTS WITH ABUSE OF HIS PUBLIC FUNCTIONS OR WHENEVER THE AUTHOR OF THE CRIME IS GUILTY OF TREASON, PARRICIDE, MURDER, OR AN ATTEMPT TO TAKE THE LIFE OF THE CHIEF EXECUTIVE, OR IS KNOWN TO BE HABITUALLY GUILTY OF SOME OTHER CRIME. ART. 20. ACCESSORIES WHO ARE EXEMPT FROM CRIMINAL LIABILITY. — THE PENALTIES PRESCRIBED FOR ACCESSORIES SHALL NOT BE IMPOSED UPON THOSE WHO ARE SUCH WITH RESPECT TO THEIR SPOUSES, ASCENDANTS, DESCENDANTS, LEGITIMATE, NATURAL, AND ADOPTED BROTHERS AND SISTERS, OR RELATIVES BY AFFINITY WITHIN THE SAME DEGREES, WITH THE SINGLE EXCEPTION OF ACCESSORIES FALLING WITHIN THE PROVISIONS OF PARAGRAPH 1 OF THE NEXT PRECEDING ARTICLE. LIFE IMPRISONMENT VS. RECLUSION PERPETUA RECLUSION PERPETUA SPECIFIC HAS DURATION OF 30 YEARS AFTER WHICH CONVICT BECOMES PARDONABLE BUT THE MAXIMUM PERIOD SHALL NOT EXCEED 40 YEARS. IMPOSED FOR VIOLATIONS OF IMPOSED FOR VIOLATIONS OF FELONIES PUNISHABLE SPECIAL LAWS UNDER THE REVISED PENAL CODE DOES NOT HAVE ACCESSORY HAS ACCESSORY PENALTIES PENALTIES LIFE IMPRISONMENT DOES NOT HAVE DURATION

COMPLEX CRIME - WHEN A SINGLE ACT CONSTITUTES TWO OR MORE GRAVE OR LESS GRAVE FELONIES, OR WHEN AN OFFENSE IS A NECESSARY MEANS FOR COMMITTING THE OTHER. (IN WHICH CASE THE PENALTY FOR THE MORE SERIOUS CRIME SHALL BE IMPOSED IN ITS MAXIMUM PERIOD-ART 48).

Compendium of Criminal Law and Jurisprudence (CLJ)

TWO KINDS OF COMPLEX CRIMES: 1. WHEN A SINGLE ACT CONSTITUTES TWO OR MORE GRAVE OR LESS GRAVE FELONIES (COMPOUND CRIME OR DELITO COMPUESTO) 2. WHEN AN OFFENSE IS A NECESSARY MEANS OF COMMITTING THE OTHER- (COMPLEX CRIME PROPER OR DELITO COMPLEJO) PLURALITY OF CRIMES- CONSIST IN THE SUCCESSIVE EXECUTION BY ONE INDIVIDUAL OF DIFFERENT CRIMINAL ACTS UPON WHICH NO CONVICTION IS YET DECLARED. IT COULD EITHER BE FORMAL OR IDEAL PLURALITY OF WHICH ART. 48 IS THE BEST EXAMPLE, THAT IS THERE IS ONLY ONE CRIMINAL LIABILITY OR REAL OR MATERIAL PLURALITY WHERE THERE ARE DIFFERENT CRIMES IN THE EYES OF THE LAW AND IN THE CONSCIENCE OF THE OFFENDER. HENCE IN REAL OR MATERIAL PLURALITY THE OFFENDER IS PUNISHED FOR EACH AND EVERY OFFENSE THAT HE COMMITTED. ARTICLE 62 REVISED PENAL CODE 1. AGGRAVATING CIRCUMSTANCES WHICH IN THEMSELVES CONSTITUTE A CRIME ESPECIALLY PUNISHABLE BY LAW OR WHICH ARE INCLUDED BY LAW IN DEFINING A CRIME AND PRESCRIBING THE PENALTY THEREFORE SHALL NOT BE TAKEN INTO ACCOUNT FOR THE PURPOSE OF INCREASING THE PENALTY. a. WHEN IN THE COMMISSION OF A CRIME ADVANTAGE WAS TAKEN BY THE OFFENDER OF HIS PUBLICPOSITION, THE MAXIMUM PENALTY SHALL BE IMPOSED REGARDLESS OF MITIGATING CIRCUMSTANCES. b. THE MAXIMUM PENALTY SHALL BE IMPOSE IF THE OFFENSE WAS COMMITTED BY ANY PERSON WHO BELONGS TO AN ORGANIZED/SYNDICATED GROUP. AN ORGANIZED OR SYNDICATED GROUP MEANS A GROUP OF TWO OR MORE PERSONS COLLABORATING, CONFEDERATING, OR MUTUALLY HELPING ONE ANOTHER FOR THE PURPOSE OF GAIN IN THE COMMISSION OF A CRIME. 2. AGGRAVATING OR MITIGATING CIRCUMSTANCES WHICH ARISE FROM THE MORAL ATTRIBUTES OF THE OFFENDER OR FROM HIS PRIVATE RELATIONS WITH THE OFFENDED PARTY, OR FROM ANY OTHER PERSONAL CAUSE, SHALL SERVE ONLY TO AGGRAVATE OR MITIGATE THE LIABILITY OF THE PRINCIPALS, ACCOMPLICES AND ACCESSORIES AS TO WHOM SUCH CIRCUMSTANCES ARE ATTENDANT. THE CIRCUMSTANCES WHICH CONSIST IN THE MATERIAL EXECUTION OF THE ACT, OR IN THE MEANS EMPLOYED TO ACCOMPLISH IT, SHALL SERVE TO AGGRAVATE OR MITIGATE THE LIABILITY OF ONLY THOSE PERSONS WHO HAD KNOWLEDGE OF THEM AT THE TIME OF THE EXECUTION OF THE ACT OR THEIR COOPERATION THEREIN. DESTIERRO - ANY PERSON SENTENCED TO DESTIERRO SHALL NOT BE PERMITTED TO ENTER THE PLACES DESIGNATED IN THE SENTENCE, NOR WITHIN THE RADIUS THEREIN SPECIFIED, WHICH SHALL NOT BE MORE THAN 250 AND NOT LESS THAN 25 KILOMETERS FROM THE PLACE DESIGNATED. IF HE DOES HE MAY BE HELD LIABLE FOR EVASION OFSERVICE OF SENTENCE UNDER ARTICLE 157 RPC. DESTIERRO IS IMPOSED IN THE FOLLOWING: 1. DEATH OR SERIOUS PHYSICAL INJURIES INFLICTED UNDER EXCEPTIONAL CIRCUMSTANCES 2. WHEN A PERSON FAILS TO GIVE A BOND FOR GOOD BEHAVIOR (ART. 284) 3. PENALTY FOR CONCUBINE IN CONCUBINAGE ( ART. 334) ART. 88. ARRESTO MENOR. — THE PENALTY OF ARRESTO MENOR SHALL BE SERVED IN THE MUNICIPAL JAIL, OR IN THE HOUSE OF THE DEFENDANT HI MSELF UNDER THE SURVEILLANCE OF AN OFFICER OF THE LAW, WHEN THE COURT SO PROVIDES IN ITS DECISION, TAKING INTO CONSIDERATION THE HEALTH OF THE OFFENDER AND OTHER REASONS WHICH MAY SEEM SATISFACTORY TO IT. THERE MUST BE A COURT STATEMENT THAT THE ACCUSED SERVE THE SENTENCE IN HIS HOUSE. THE GROUNDS COULD BE FOR HEALTH REASONS, AND OTHERS (HUMANITARIAN) ART. 91. COMPUTATION OF PRESCRIPTION OF OFFENSES. — THE PERIOD OF PRESCRIPTION SHALL COMMENCE TO RUN FROM THE DAY ON WHICH THE CRIME IS DISCOVERED BY THE OFFENDED PARTY, THE AUTHORITIES, OR THEIR AGENTS, AND SHALL BE INTERRUPTED BY THE FILING OF THE COMPLAINT OR INFORMATION, AND SHALL COMMENCE TO RUN AGAIN WHEN SUCH PROCEEDINGS TERMINATE WITHOUT THE ACCUSED BEING CONVICTED OR ACQUITTED, OR ARE UNJUSTIFIABLY STOPPED FOR ANY REASON NOT IMPUTABLE TO HIM. THE TERM OF PRESCRIPTION SHALL NOT RUN WHEN THE OFFENDER IS ABSENT FROM THE PHILIPPINE ARCHIPELAGO. PRESCRIPTION OF PENALTIES PENALTY PRESCRIBES IN DEATH AND RECLUSION PERPETUA 20 YEARS OTHER AFFLICTIVE PENALTIES 15 YEARS CORRECTIONAL PENALTIES 10 YEARS ARRESTO MAYOR 5 YEARS LIGHT PENALTIES 1 YEAR YEARS OF GOOD BEHAVIOR 1-2 YEARS 3-5 YEARS 6-10 YEARS 11 UP YEARS

ALLOWANCE EARNED OLD LAW 5 DAYS PER MONTH 8 DAYS PER MONTH 10 DAYS PER MONTH 15 DAYS PER MONTH

RA 10592 20 DAYS PER MONTH 23 DAYS PER MONTH 25 DAYS PER MONTH 30 DAYS PER MONTH

ART. 102. SUBSIDIARY CIVIL LIABILITY OF INNKEEPERS, TAVERN KEEPERS AND PROPRIETORS OF ESTABLISHMENTS- IN DEFAULT OF PERSONS CRIMINALLY LIABLE, INNKEEPERS, TAVERNKEEPERS, AND ANY OTHER PERSONS OR CORPORATIONS SHALL BE CIVILLY LIABLE FOR CRIMES COMMITTED IN THEIR ESTABLISHMENTS, IN CASES WHERE A VIOLATION OF MUNICIPAL

Compendium of Criminal Law and Jurisprudence (CLJ)

ORDINANCES OR SOME GENERAL OR SPECIAL POLICE REGULATIONS SHALL HAVE BEEN COMMITTED BY THEM OR THEIR EMPLOYEES. ART. 103. SUBSIDIARY CIVIL LIABILITY OF OTHER PERSONS- THE SUBSIDIARY LIABILITY ESTABLISHED IN THE NEXT PRECEDING ARTICLE SHALL ALSO APPLY TO EMPLOYERS, TEACHERS, PERSONS, AND CORPORATIONS ENGAGED IN ANY KIND OF INDUSTRY FOR FELONIES COMMITTED BY THEIR SERVANTS, PUPILS, WORKMEN, APPRENTICES, OR EMPLOYEES IN THE DISCHARGE OF THEIR DUTIES. ART. 104. WHAT IS INCLUDED IN CIVIL LIABILITY1. RESTITUTION 2. REPARATION OF DAMAGE CAUSED 3. INDEMNIFICATION OF CONSEQUENTIAL DAMAGE ART. 105. RESTITUTION HOW MADE- THE RESTITUTION OF THE THING ITSELF MUST BE MADE WHENEVER POSSIBLE, WITH ALLOWANCE FOR ANY DETERIORATION OR DIMINUTION OF VALUE. ART. 106. REPARATION- THE COURT SHALL DETERMINE THE AMOUNT OF DAMAGE, TAKING INTO CONSIDERATION THE PRICE OF THE THING, AND ITS SPECIAL SENTIMENTAL VALUE TO THE INJURED PARTY. ART. 107. INDEMNIFICATION- INDEMNIFICATION OF CONSEQUENTIAL DAMAGES SHALL INCLUDE NOT ONLY THOSE CAUSED THE INJURED PARTY, BUT ALSO THOSE SUFFERED BY HIS FAMILY OR BY THIRD PERSON BY REASON OF THE CRIME. CRIMINAL LAW BOOK TWO CRIMES AGAINST NATIONAL SECURITY AND LAWS OF NATIONS - SECTION 1- TREASON & ESPIONAGE (114117) ART. 114. TREASON. (PAGTATAKSIL SA BAYAN)- COMMITTED BY ANY FILIPINO CITIZEN OR A RESIDENT ALIEN WHO LEVIES WAR AGAINST THE PHILIPPINES OR ADHERES TO HER ENEMIES, GIVING THEM AID OR COMFORT WITHIN THE PHILIPPINES OR ELSEWHERE. NO PERSON SHALL BE CONVICTED OF TREASON UNLESS ON THE TESTIMONY OF TWO WITNESSES AT LEAST TO THE SAME OVERT ACT OR ON CONFESSION OF THE ACCUSED IN O PEN COURT. ELEMENTS OF TREASON: 1. THE OFFENDER IS EITHER A FILIPINO OR A RESIDENT ALIEN. 2. THERE IS A WAR WHICH INVOLVES THE PHILIPPINES. 3. THE OFFENDER EITHER: A. LEVIES WAR AGAINST THE GOVERNMENT OR B ADHERES TO ITS ENEMIES, GIVING THEM AID OR COMFORT o o o o o

TREASON - A BREACH OF ALLEGIANCE TO A GOVERNMENT, COMMITTED BY A PERSON WHO OWES ALLEGIANCE TO IT. ALLEGIANCE - THEOBLIGATION OF FIDELITY AND OBEDIENCE WHICH AN INDIVIDUAL OWES TOM HIS GOVERNMENT, IN RETURN FOR THE PROTECTION HE RECEIVES. LEVYING OF WAR - IT MEANS: 1. THERE MUST BE AN ACTUAL ASSEMBLAGE OF MEN. 2. FOR THE PURPOSE OF FORCEFULLY EXECUTING A TREASONABLE DESIGN ADHERENCE TO ENEMY, DEFINED- IT TAKES PLACE WHEN ONE INTELLECTUALLY OR EMOTIONALLY FAVORS THE ENEMY AND HARBORS SYMPATHIES OR CONVICTIONS DIS LOYAL TO HIS COUNTRY’S INTEREST. AID AND COMFORT - AN ACT WHICH STRENGTHENS THE ENEMY IN THE CONDUCT OF WAR AGAINST THE TRAITOR’S COUNTRY OR WEAKENS THE POWER OF THE LATTER TO ATTACK OR RESIST THE ENEMY.

TWO WAYS OF PROVING TREASON: 1. THERE MUST BE TESTIMONY OF TWO (2) WITNESSES, AT LEAST TO THE SAME OVERT ACT; (TWO WITNESS RULE) 2. OR CONFESSION OF THE ACCUSED IN OPEN COURT. ART. 115. CONSPIRACY AND PROPOSAL TO COMMIT TREASON ART. 116. MISPRISION OF TREASON (DI PAGSUSUMBONG NG PAGTATAKSIL SA BAYAN) - COMMITTED BY EVERY PERSON OWING ALLEGIANCE TO THE GOVERNMENT OF THE PHILIPPINES AND NOT BEING A FOREIGNER, AND HAVING KNOWLEDGE OF ANY CONSPIRACY AGAINST IT, CONCEALS OR DOES NOT DISCLOSE AND MAKE KNOWN THE SAME, TO THE GOVERNOR OR FISCAL OF THE PROVINCE WHERE HE RESIDES. ART. 117. ESPIONAGE- COMMITTED BY ANY PERSON WHO: 1. WITHOUT AUTHORITY SHALL ENTER A WARSHIP, FORT, OR NAVAL OR MILITARY RESERVATION TO OBTAIN ANY INFORMATION, PLANS, PHOTOGRAPH, OR OTHER DATA OF A CONFIDENTIAL NATURE RELATIVE TO THE DEFENSE OF THE PHILIPPINES; 2. A PUBLIC OFFICER WHO IS IN POSSESSION OF THE ARTICLES, DATA, OR INFORMATION REFERRED TO IN PARAGRAPH ONE SHALL DISCLOSE THEIR CONTENTS TO A REPRESENTATIVE OF A FOREIGN NATION. SECTION 2- PROVOKING WAR & DISLOYALTY IN CASE OF WAR (ART 118-121) ART. 118. INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS. - COMMITTED BY ANY PERSON WHO, BY UNLAWFUL OR UNAUTHORIZED ACTS, PROVOKES OR GIVES OCCASION FOR A WAR INVOLVING OR LIABLE TO INVOLVE THE PHILIPPINES, OR EXPOSES THE FILIPINOS TO REPRISALS ON THEI R PERSONS OR PROPERTY. ART. 119. VIOLATION OF NEUTRALITY- COMMITTED BY ANY PERSON WHO ON THE OCCASION OF A WAR IN WHICH THE PHILIPPINES IS NOT INVOLVED, VIOLATES ANY REGULATION ISSUED BY COMPETENT AUTHORITY FOR THE PURPOSE OF ENFORCING NEUTRALITY NEUTRALITY - A NATION WHICH DOES NOT TAKE PART IN THE CONTEST OF ARMS (WAR) AMONG OTHER NATIONS IS PRACTICING NEUTRALITY.

Compendium of Criminal Law and Jurisprudence (CLJ)

ART. 120. CORRESPONDENCE WITH HOSTILE COUNTRY. - COMMITTED BY ANY PERSON WHO IN TIME OF WAR, SHALL HAVE CORRESPONDENCE WITH AN ENEMY COUNTRY OR TERRITORY OCCUPIED BY ENEMY TROOPS ART. 121. FLIGHT TO ENEMY’S COUNTRY - COMMITTED BY ANY PERSON WHO OWING ALLEGIANCE TO THE GOVERNMENT, ATTEMPTS TO FLEE OR GO TO AN ENEMY COUNTRY WHEN PROHIBITED BY COMPETENT AUTHORITY. SECTION 3 – PIRACY & MUTINY ON THE HIGH SEAS OR IN THE PHILIPPINE WATER.(ART 122-123) ART. 122. PIRACY IN GENERAL AND MUTINY ON THE HIGH SEAS OR IN PHILIPPINE WATERS. – (PAMIMIRATA AT PAG-AALSA SA KARAGATAN)-COMMITTED BY ANY PERSON WHO: 1. ATTACKS OR SEIZES A VESSEL ON THE HIGH SEAS OR I N PHILIPPINE WATERS; 2. NOT BEING A MEMBER OF ITS COMPLEMENT OR A PASSENGER, SHALL SEIZE THE WHOLE OR PART OF THE CARGO OF SAID VESSEL, ITS EQUIPMENT, OR PERSONAL BELONGINGS OF ITS COMPLEMENT OR PASSENGER. 3. STAGES A MUTINY ON THE HIGH SEAS OR PHILIPPINE WATERS ELEMENTS OF PIRACY 1. A VESSEL IS ON THE HIGH SEAS OR IN PHILIPPINE WATERS; 2. THE OFFENDERS ARE NOT MEMBERS OF ITS COMPLEMENT OR PASSENGERS OF THE VESSEL; 3. THE OFFENDERS EITHER: A. ATTACK OR SEIZE THAT VESSEL OR B. SEIZE THE WHOLE OR PART OF THE CARGO OF SAID VESSEL, ITS EQUIPMENT OR PERSONAL BELONGINGS OF ITS COMPLEMENT OR PASSENGERS HIGH SEAS - PARTS OF THE SEAS THAT ARE NOT INCLUDED IN THE EXCLUSIVE ECONOMIC ZONE, TERRITORIAL SEA, OR IN THE INTERNAL WATERS OF THE STATE, OR ARCHIPELAGIC WATERS OF AN ARCHIPELAGIC STATE. o MUTINY - THE UNLAWFUL RESISTANCE TO A SUPERIOR OFFICER OR THE RAISING OF COMMOTIONS ON BOARD A SHIP AGAINST THE AUTHORITY OF ITS COMMANDERS. ART. 123. QUALIFIED PIRACY- PIRACY OR MUTINY BECOMES QUALIFIED WHEN: 1. WHENEVER THE PIRATES HAVE SEIZED A VESSEL BY BOARDING OR FIRING UPON THE SAME; 2. WHENEVER THE PIRATES HAVE ABANDONED THEIR VICTIMS WITHOUT MEANS OF SAVING THEMSELVES; OR 3. WHENEVER THE CRIME IS ACCOMPANIED BY MURDER, HOMICIDE, PHYSICAL INJURIES, OR RAPE. (THIS IS AN EXAMPLE OF A SPECIAL COMPLE X CRIME) o

TITLE TWO - CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE SECTION-1 ARBITRARY DETENTION AND EXPULSION (ART 124-127 ART. 124. ARBITRARY DETENTION (PAGPIIT NG WALANG DAHILAN) ELEMENTS OF ARBITRARY DETENTION: 1. THE OFFENDER IS A PUBLIC OFFICER OR EMPLOYEE; 2. HE DETAINS ANOTHER; 3. THE DETENTION IS WITHOUT LEGAL GROUNDS. DETENTION - ONE IS DETAINED WHEN HE IS PLACED IN CONFINEMENT OR THERE IS RESTRAINT ON HIS PERSON. ART. 125. DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER JUDICIAL AUTHORITIES COMMITTED BY ANY PUBLIC OFFICER OR EMPLOYEE WHO SHALL DETAIN ANY PERSON FOR SOME LEGAL GROUND AND SHALL FAIL TO DELIVER SUCH PERSON TO THE PROPER JUDICIAL AUTHORITIES WITHIN THE PERIOD OF: 1. 12 HOURS - FOR CRIMES OR OFFENSES PUNISHABLE BY LIGHT PENALTIES; 2. 18 HOURS - FOR CRIMES OR OFFENSES PUNISHABLE BY CORRECTIONAL PENALTIES; 3. 36 HOURS - FOR CRIMES OR OFFENSES PUNISHABLE BY AFFLICTIVE OR CAPITAL PENALTIES. ELEMENTS OF DELAY IN THE DELIVERY OF DETAINED PERSONS 1. THE OFFENDER IS A PUBLIC OFFICER OR EMPLOYEE; 2. HE DETAINED ANOTHER PERSON BUT FOR SOME LEGAL GROUND; 3. HE FAILED TO DELIVER THE DETAINED PERSON TO THE PROPER JUDICIAL AUTHORITIES WITHIN THE PERIOD ABOVE STATED. ART. 126. DELAYING RELEASE- COMMITTED BY ANY PUBLIC OFFICER OR EMPLOYEE WHO: 1. DELAYS THE PERFORMANCE OF A JUDICIAL OR EXECUTIVE ORDER FOR THE RELEASE OF A PRISONER. 2. DELAYS THE SERVICE OF THE NOTICE OF SUCH ORDER TO SAID PRISONER. 3. DELAYS THE PROCEEDINGS UPON ANY PETITION FOR THE LIBERATION OF SUCH PERSON. ART. 127. EXPULSION (PAGPAPALAYAS) - COMMITTED BY A PUBLIC OFFICER OR EMPLOYEE WHO WITHOUT BEING AUTHORIZED BY LAW: a. EXPELS ANY PERSON FROM THE PHILIPPINES; OR b. COMPELS A PERSON TO CHANGE HIS RESIDENCE SECTION 2 – VIOLATION OF DOMICILE (ART 128- 130) ART. 128. VIOLATION OF DOMICILE (PAGLABAG SA PANANAHANAN) - COMMITTED BY A PUBLIC OFFICER OR EMPLOYEE WHO, NOT BEING AUTHORIZED BY JUDICIAL ORDER SHALL: a. ENTER ANY DWELLING AGAINST THE WILL OF THE OWNER THEREOF; b. SEARCH ANY PAPERS OR OTHER EFFECTS FOUND THEREIN WITHOUT THE PREVIOUS CONSENT OF THE OWNER; OR c. REFUSE TO LEAVE THE PREMISES, AFTER HAVING SURREPTITIOUSLY ENTERED SAID DWELLING AND AFTER HAVING BEEN REQUIRED TO LEAVE THE PREMISES.

Compendium of Criminal Law and Jurisprudence (CLJ)

ART. 129. SEARCH WARRANTS MALICIOUSLY OBTAINED AND ABUSE IN THE SERVICE OF THOSE LEGALLY OBTAINEDELEMENTS OF PROCURING SEARCH WARRANT WITHOUT JUST CAUSE: 1. THE OFFENDER IS A PUBLIC OFFICER OR EMPLOYEE; 2. HE PROCURES A SEARCH WARRANT; 3. THERE IS NO JUST CAUSE FOR PROCURING IT OR EXCEED HIS AUTHORITY OR BY USING UNNECESSARY SEVERITY IN EXECUTING A SEARCH WARRANT LEGALLY PROCURED. ART. 130. SEARCHING DOMICILE WITHOUT WITNESSES. – COMMITTED BY ANY PUBLIC OFFICER OR EMPLOYEE WHO IN CASES WHERE SEARCH IS PROPER, SHALL SEARCH THE DOMICILE, PAPERS OR OTHER BELONGINGS OF ANY PERSON, IN THE ABSENCE OF THE LATTER, ANY MEMB ER OF HIS FAMILY, OR IN THEIR DEFAULT, WITHOUT THE PRESENCE OF TWO WITNESSES RESIDING IN THE SAME LOCALITY. SECTION 3 – PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS. ART. 131. PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEET INGS- COMMITTED BY ANY PUBLIC OFFICER OR EMPLOYEE WHO WITHOUT LEGAL GROUND SHALL: a. PROHIBIT OR INTERRUPT THE HOLDING OF A PEACEFUL MEETING b. DISSOLVE A PEACEFUL MEETING; c. HINDER ANY PERSON FROM JOINING ANY LAWFUL ASSOCIATION d. HINDER ANY PERSON FROM ATTENDING ANY OF ITS LAWFUL MEETINGS e. PROHIBIT OR HINDER ANY PERSON FROM ADDRESSING ALONE OR OTHERWISE, ANY PETITION TO THE AUTHORITIES FOR THE CORRECTION OF ABUSES OR REDRESS OF GRIEVANCES. ART. 132. INTERRUPTION OF RELIGIOUS WORSHIP. - COMMITTED BY A PUBLIC OFFICER OR EMPLOYEE WHO SHALL PREVENT OR DISTURB THE CEREMONIES OR MANIFESTATIONS OF ANY RELIGION. ART. 133. OFFENDING THE RELIGIOUS FEELINGS. - COMMITTED BY ANYONE WHO, IN A PLACE DEVOTED TO RELIGIOUS WORSHIP OR DURING THE CELEBRATION OF A RELIGIOUS CEREMONY, SHALL PERFORM ACTS NOTORIOUSLY OFFENSIVE TO THE FEELINGS OF THE FAITHFUL. TITLE THREE - CRIMES AGAINST PUBLIC ORDER - CHAPTER ONE – REBELLION, COUP D’ETAT. SEDITION & DISLOYALTY (ART 134-142) ART. 134. REBELLION OR INSURRECTION (PAGHIHIMAGSIK) - COMMITTED BY RISING PUBLICLY AND TAKING ARMS AGAINST THE GOVERNMENT FOR THE PURPOSE OF: a. REMOVING FROM THE ALLEGIANCE TO SAID GOVERNMENT OR ITS LAWS, THE TERRITORY OF THE RP OR ANY PART THEREOF, OR ANY BODY OF LAND, NAVAL, OR OTHER ARMED FORCES, OR b. DEPRIVING THE CHIEF EXECUTIVE OR CONGRESS, WHOLLY OR PARTIALLY, OF ANY OF ITS POWERS OR PREROGATIVES. ELEMENTS OF REBELLION: 1. THERE IS PUBLIC UPRISING AND TAKING UP ARMS AGAINST THE GOVERNMENT; 2. THE PURPOSE OF THE UPRISING IS EITHER: a. REMOVE FROM THE ALLEGIANCE TO THE GOVERNMENT OR ITS LAWS: 1. THE TERRITORY OF THE PHILIPPINES OR ANY PART THEREOF; OR 2. ANYBODY OF LAND, NAVAL OR OTHER ARMED FORCES b. DEPRIVE THE CHIEF EXECUTIVE OR CONGRESS WHOLLY OR PARTIALLY OF ANY OF THEIR POWERS OR PREROGATIVES. ART. 134-A COUP D’ETAT (RA 6968)a. IS A SWIFT ATTACK b. ACCOMPANIED BY VIOLENCE, INTIMIDATION OR THREAT, OR STRATEGY, c. DIRECTED AGAINST DULY CONSTITUTED AUTHORITIES OF THE RP OR d. ANY MILITARY CAMP OR INSTALLATION, COMMUNICATIONS NETWORK OR PUBLIC UTILITIES e. SINGLY OR SIMULTANEOUSLY CARRIED OUT ANYWHERE IN THE PHILIPPINES f. BY ANY PERSON OR PERSONS BELONGING TO THE MILITARY OR POLICE OR HOLDING PUBLIC OFFICE OR EMPLOYMENT g. FOR THE PURPOSE OF SEIZING OR DIMINISHING STATE POWER. ART. 135. PENALTY FOR REBELLION, INSURRECTION, COUP D’ ETAT. ART. 136. CONSPIRACY AND PROPOSAL TO COMMIT COUP D’ ETAT REBELLION OR INSURRECTION. (PAGSASABWATAN AT PAGPAPANAKULA SA PAGGANAP NG REBELYON O INSUREKSYON) ART. 137. DISLOYALTY OF PUBLIC OFFICERS OR EMPLOYEES.- COMMITTED BY PUBLIC OFFICERS OR EMPLOYEES WHO: a. FAILED TO RESIST A REBELLION BY ALL THE MEANS OF THEIR POWER; b. CONTINUING TO DISCHARGE THE DUTIES OF THEIR OFFICES UNDER THE CONTROL OF THE REBELS; OR c. ACCEPTING APPOINTMENTS TO OFFICE UNDER THE REBELS. ART. 138. INCITING TO REBELLION OR INSURRECTION (PANGHIHIKAYAT TUNGO SA REBELYON OINSUREKSYON)-COMMITTED BY ANY PERSON WHO WITHOUT TAKING ARMS OR IN OPEN HOSTILITY AGAINST THE GOVERNMENT, SHALL INCITE OTHERS TO THE EXECUTION OF ANY OF THE ACTS SPECIFIED IN ARTICLE 134, BY MEANS OF SPEECHES, PROCLAMATIONS, WRITING S, BANNERS OR THEIR REPRESENTATIONS TENDING TO THE SAME END. ART. 139. SEDITION- COMMITTED BY PERSONS WHO RISE PUBLICLY AND TUMULTUOUSLY IN ORDER TO ATTAIN BY FORCE, INTIMIDATION OR OTHER MEANS OUTSIDE OF LEGAL METHODS ANY OF THE FOLLOWING:

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1. 2. 3. 4. 5.

TO PREVENT THE PROMULGATION OR EXECUTION OF ANY LAW OR THE HOLDING OF ANY POPULAR ELECTION; TO PREVENT THE GOVERNMENT OR ANY PUBLIC OFFICER FROM FREELY EXERCISING ITS OR HIS FUNCTIONS, OR PREVENT THE EXECUTION OF ANY ADMINISTRATIVE ORDER. TO INFLICT ANY ACT OF HATE OR REVENGE UPON THE PERSON OR PROPERTY OF ANY PUBLIC OFFICER OR EMPLOYEE; TO COMMIT FOR ANY POLITICAL OR SOCIAL END, ANY ACT OF HATE OR REVENGE AGAINST PRIVATE PERSONS OR ANY SOCIAL CLASS TO DESPOIL FOR ANY POLITICAL OR SOCIAL END, ANY PERSON, MUNICIPAL, PROVI NCIAL OR NATIONAL GOVERNMENT OF ALL ITS PROPERTY OR ANY PART THEREOF.

ART. 141. CONSPIRACY TO COMMIT SEDITION. ART. 142. INCITING TO SEDITION (PAGBUBUYO UPANG ISAGAWA ANG SEDISYON) -COMMITTED BY ANY PERSON WHO SHALL: a. INCITE OTHERS TO THE ACCOMPLISHMENT OF ANY OF THE ACTS WHICH CONSTITUTE SEDITION BY MEANS OF WRITING, SPEECHES, PROCLAMATIONS, AND EMBLEMS ETC. b. UTTERING SEDITIOUS WORDS OR SPEECHES WHICH TEND TO DISTURB THE PUBLIC PEACE c. WRITING, PUBLISHING, CIRCULATING SCURRILOUS LIBELS AGAINST THE GOVERNMENT OR ANY OF ITS DULY CONSTITUTED AUTHORITIES WHICH TEND TO DISTURB THE PUBLIC PEACE. CHAPTER TWO - CRIMES AGAINST POPULAR REPRESENTATION - (ART 143- 145) ART. 143. ACTS TENDING TO PREVENT THE MEETING OF NATIONAL ASSEMBLY AND SIMILAR BODIES. COMMITTED BY ANY PERSON WHO BY FORCE OR FRAUD PREVENTS THE MEETING OF THE FOLLOWING a. NATIONAL ASSEMBLY b. ANY OF ITS COMMITTEES OR SUB COMMITTEES c. CONSTITUTIONAL COMMISSIONS OR ITS COMMITTEES d. PROVINCIAL BOARD e. CITY OR MUNICIPAL COUNCIL ART. 144. DISTURBANCE OF PROCEEDINGS – COMMITTED BY ANY PERSON WHO DISTURBS THE MEETINGS OF LETTERS A TOE ABOVE, OR WHILE IN THE PRESENCE OF ANY SUCH BODIES SHOULD BEHAVE IN SUCH A MANNER AS TO INTERRUPT ITS PROCEEDINGS OR TO IMPAIR THE RESPECT DUE IT. ART. 145. VIOLATION OF PARLIAMENTARY IMMUNITY. - COMMITTED BY ANY PERSON WHO: a. SHALL USE FORCE, VIOLENCE, INTIMIDATION THREATS OR FRAUD TO PREVENT ANY MEMBER OF THE NATIONAL ASSEMBLY TO ATTEND ITS MEETINGS OR COMMITTEES OR SUB COMMITTEES, CONSTITUTIONAL COMMISSIONS OR COMMITTEES THEREOF, OR FROM EXPRESSING HIS OPINION OR CASTING HIS VOTE. b. SHALL ARREST OR SEARCH ANY MEMBER OF THE NATIONAL ASSEMBLY WHILE IT IS IN REGULAR OR SPECIAL SESSION, EXCEPT IN CASE WHERE SUCH MEMBER HAS COMMITTED A CRIME PUNISHABLE UNDER THE CODE BY A PENALTY HIGHER THAN PRISION MAYOR. (2ND FORM) ELEMENTS OF VIOLATION OF PARLIAMENTARY IMMUNITY OF THE 2 ND FORM: 1. THE OFFENDER IS A PUBLIC OFFICER OR EMPLOYEE; 2. HE ARRESTS OR SEARCHES ANY MEMBER OF THE CONGRESS; 3. THE CONGRESS AT THE TIME OF THE ARREST OR SEARCH IS EITHER IN REGULAR OR SPECIAL SESSION; 4. THE MEMBER OF CONGRESS HAS NOT COMMITTED A CRIME PUNISHABLE UNDER THE RPC BY A PENALTY HIGHER THAN PRISION MAYOR. CHAPTER III - ILLEGAL ASSEMBLIES & ASSOCIATION ART. 146. ILLEGAL ASSEMBLIES (MGA PAGTITIPONG LABAG SA BATAS) -THE ACTS PUNISHABLE ARE: a. STAGING A MEETING ATTENDED BY ARMED PERSONS FOR THE PURPOSE OF COMMITTING ANY OF THE CRIMES PUNISHABLE BY THE RPC b. STAGING A MEETING IN WHICH THE AUDIENCE WHETHER ARMED OR NOT IS INCITED TO THE COMMISSION OF TREASON, REBELLION, SEDITION OR ASSAULT UPON A PERSON IN AUTHORITY OR HIS AGENTS ART. 147. ILLEGAL ASSOCIATIONS (MGA KAPISANANG LABAG SA BATAS) ACTS PUNISHABLE: 1. EXISTENCE OF AN ASSOCIATION TOTALLY OR PARTIALLY ORGANIZED FOR THE PURPOSE OF COMMITTING ANY OF THE CRIMES PUNISHABLE BY THE RPC. 2. EXISTENCE OF ASSOCIATIONS TOTALLY OR PARTIALLY ORGANIZED FOR SOME PURPOSE CONTRARY TO PUBLIC MORALS. CHAPTER IV - ASSAULT. & RESISTANCE AND DISOBEDIENCE TO PERSONS IN AUTHORITY & THEIR AGENTS ART. 148. DIRECT ASSAULT (TUWIRANG PAGSALAKAY)-COMMITTED BY ANY PERSON WHO:

a. b.

WITHOUT PUBLIC UPRISING, SHALL EMPLOY FORCE OR INTIMIDATION FOR THE ATTAINMENT OF ANY OF THE PURPOSES ENUMERATED IN DEFINING THE CRIMES OF REBELLION AND SEDITION. (THIS IS KNOWN AS THE 1 ST FORM OF DIRECT ASSAULT) WITHOUT PUBLIC UPRISING, BY ATTACKING, BY EMPLOYING FORCE OR BY SERIOUSLY INTIMIDATING OR BY SERIOUSLY RESISTING ANY PERSON IN AUTHORITY OR ANY OF HIS AGENTS, WHILE ENGAGED IN THE PERFORMANCE OF OFFICIAL DUTIES, OR ON THE OCCASION OF SUCH PERFORMANCE. ( THIS IS KNOWN AS THE 2 ND FORM OF DIRECT ASSAULT)

ELEMENTS OF DIRECT ASSAULT OF THE 2ND FORM: 1. THE OFFENDER MAKES AN ATTACK OR EMPLOYS FORCE OR MAKES A SERIOUS INTIMIDATION OR MAKES A SERIOUS RESISTANCE;

Compendium of Criminal Law and Jurisprudence (CLJ)

2. 3. 4. 5.

THAT THE VICTIM THEREOF IS A PERSON IN AUTHORITY OR AGENT OF A PERSON IN AUTHORITY; THAT THESE PERSONS AT THE TIME OF THE ASSAULT WERE ENGAGED IN THE ACTUAL PERFORMANCE OF OFFICIAL DUTIES, OR HE IS ASSAULTED BY REASON OF THE PAST PERFORMANCE OF OFFICIAL DUTIES. THERE MUST BE NO PUBLIC UPRISING. THE OFFENDER KNOWS THE STATUS OF THE PERSON HE IS ASSAULTING (DEBATABLE).

QUALIFIED ASSUALT WHEN: 1. THE ASSAULT IS COMMITTED WITH A WEAPON 2. THE OFFENDER IS A PUBLIC OFFICER OR EMPLOYEE 3. THE OFFENDER LAYS HANDS UPON A PERSON IN AUTHORITY ART. 149. INDIRECT ASSAULTS- COMMITTED BY ANY PERSON WHO SHALL MAKE USE OF FORCE OR INTIMIDATION UPON ANY PERSON COMING TO THE AID OF THE AUTHORITIES OR THEIR AGENTS ON OCCASION OF THE COMMISSION OF ANY OF THE CRIMES DEFINED IN THE PRECEDING PARAGRAPH.

ELEMENTS OF INDIRECT ASSAULTS: 1. THAT A PERSON IN AUTHORITY OR HIS AGENT IS THE VICTIM OF ANY OF THE FORMS OF DIRECT ASSAULT DEFINED IN ARTICLE 148. 2. THAT A PERSON COMES TO THE AID OF SUCH AUTHORITY OR HIS AGENT. 3. THAT THE OFFENDER MAKES USE OF FORCE OR INTIMIDATION UPON SUCH PERSON COMING TO THE AID OF THE AUTHORITY OR HIS AGENT. ART. 150. DISOBEDIENCE TO SUMMONS ISSUED BY THE NATIONAL ASSEMBLY, ITS COMMITTEES OR SUBCOMMITTEES, BY THE CONSTITUTIONAL COMMISSIONS, ITS COMMITTEES, SUBCOMMITTEES OR DIVISIONS. ACTS PUNISHABLE: 1. WITHOUT LEGAL EXCUSE, REFUSING TO OBEY SUMMONS OF THE NATIONAL ASSEMBLY, ITS SPECIAL OR STANDING COMMITTEES AND SUBCOMMITTEES OR DIVISIONS, OR BY ANY COMMISSION OR COMMITTEE CHAIRMAN OR MEMBER AUTHORIZED TO SUMMON WITNESSES. 2. REFUSING TO BE SWORN OR PLACED UNDER AFFIRMATION WHILE BEING BEFORE SUCH LEGISLATIVE OR CONSTITUTIONAL BODIES OR OFFICIAL. 3. BY REFUSING TO ANSWER ANY LEGAL INQUIRY 4. BY REFUSING TO PRODUCE ANY BOOKS, PAPERS, DOCUMENTS OR RECORDS IN HIS POSSESSION, WHEN REQUIRED BY THEM TO DO SO IN THE EXERCISE OF THEIR FUNCTIONS 5. BY RESTRAINING ANOTHER FROM ATTENDING AS A WITNESS IN SUCH LEGISLATIVE OR CONSTITUTIONAL BODY 6. BY INDUCING DISOBEDIENCE TO A SUMMON OR REFUSAL TO BE SWORN BY THE ABOVE MENTIONED BODIES OR OFFICIALS. ART. 151. RESISTANCE AND DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENTS OF SUCH PERSON.- COMMITTED BY ANY PERSON WHO SHALL RESIST OR SERIOUSLY DISOBEY ANY PERSON IN AUTHORITY, OR THE AGENTS OF SUCH PERSON , WHILE ENGAGED IN THE PERFORMANCE OF OFFICIAL FUNCTIONS. ELEMENTS OF ARTICLE 151: 1. THAT A PERSON IN AUTHORITY OR HIS AGENT IS ENGAGED IN THE PERFORMANCE OF OFFICIAL DUTY OR GIVES A LAWFUL ORDER TO THE OFFENDER; 2. THE OFFENDER DOES AN ACT 3. THE ACT CONSISTS OF RESISTING OR SERIOUSLY DISOBEYING SUCH PERSON IN AUTHORITY OR HIS AGENT 4. THE ACT OF THE OFFENDER MUST NOT FALL IN ANY OF THE FOLLO WING ARTICLES: ARTICLES 148 TO 150. DISTINGUISH DIRECT ASSAULT FROM RESISTANCE OR SERIOUS DISOBEDIENCE: 1. DIRECT ASSAULT (2ND MODE) IS COMMITTED BY: A. SERIOUSLY INTIMIDATING, B. BY ATTACKING, C. BY EMPLOYING FORCE AND D. BY SERIOUSLY RESISTS A PERSON IN AUTHORITY OR HIS AGENT; WHILE RESISTANCE OR SERIOUS DISOBEDIENCE IS COMMITTED ONLY BY A.RESISTING OR B. SERIOUSLY DISOBEYING A PERSON IN AUTHORITY OR HIS AGENT. 2. IN DIRECT ASSAULT, THE PERSON IN AUTHORITY OR HIS AGENT MUST BE ENGAGED IN THE PERFORMANCE OF OFFICIAL DUTIES OR THAT HE IS ASSAULTED BY REASON THEREOF; BUT IN RESISTANCE, THE PERSON IN AUTHORITY OR HIS AGENT MUST BE IN ACTUAL PERFORMANCE OF HIS DUTY. 3. IN DIRECT ASSAULT BY RESISTING AN AGENT OF A PERSON IN AUTHORITY THE FORCE IS SERIOUS. IN RESISTANCE AGAINST AN AGENT OF A PERSON IN AUTHORITY, THE USE OF FORCE IS NOT SERIOUS. ART. 152. PERSONS IN AUTHORITY, DEFINED (MGA TAONG MAY KAPANGYARIHAN AT MGAKAGAWAD NG MGA TAONG MAY KAPANGYARIHAN) - ANY PERSON DIRECTLY VESTED WITH JURISDICTION, WHETHER AS AN INDIVIDUAL OR AS A MEMBER OF SOME COURT OR GOVERNMENT CORPORATION, BOARD, OR COMMISSION. AGENT OF A PERSON IN AUTHORITY- IS ANY PERSON WHO, BY DIRECT PROVISION OF LAW OR BY ELECTION OR BY APPOINTMENT BY COMPETENT AUTHORITY, IS CHARGED WITH THE MAINTENANCE OF PUBLIC ORDER AND THE PROTECTION AND SECURITY OF LIFE AND PROPERTY, SUCH AS BARRIO COUNCILMAN, BARRIO POLICEMAN AND BARANGAY LEADER. CHAPTER FIVE - ARTICLES 153 TO 156 ARE ALSO CLASSIFIED AS CRIMES UNDER PUBLIC DISORDERS.

Compendium of Criminal Law and Jurisprudence (CLJ)

ART. 153. TUMULTS AND OTHER DISTURBANCES OF PUBLIC ORDER. (MGA GULO AT IBA PANG URI NG KAGULUHAN SA MGA KAAYUSAN NG BAYAN) ACTS PUNISHABLE: 1. CAUSING ANY SERIOUS DISTURBANCE IN A PUBLIC PLACE, OFFICE OR ESTABLISHMENT 2. INTERRUPTING OR DISTURBING PERFORMANCES, FUNCTIONS, OR GATHERING S, OR PEACEFUL MEETINGS, IF THE ACT DOES NOT FALL UNDER ARTICLES 131 AND 132. 3. MAKING ANY OUTCRY TENDING TO INCITE REBELLION OR SEDITION IN ANY MEETING, ASSOCIATION OR PUBLIC PLACE; 4. DISPLAYING PLACARDS OR EMBLEMS WHICH PROVOKE A DISTURBANCE OF A PUBLIC ORDER IN SUCH PLACE; 5. BURYING WITH POMP THE BODY OF A PERSON WHO HAS BEEN LEGALLY EXECUTED. ART. 154. UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL UTTERANCES. ACTS PUNISHABLE: 1. PUBLISHING OR CAUSING TO BE PUBLISHED EITHER BY PRINTING, LITHOGRAPHY, OR ANY MEANS OF PUBLICATION, AS NEWS ANY FALSE NEWS WHICH MAY ENDANGER PUBLIC ORDER, OR CAUSE DAMAGE TO THE INTEREST OR CREDIT OF THE STATE. 2. BY THE SAME MEANS, OR BY UTTERANCES OR WORDS OR SPEECHES ENCOURAGING DISOBEDIENCE TO THE LAW OR TO THE AUTHORITIES, OR PRA ISING, JUSTIFYING, OR EXTOLLING ANY ACT PUNISHED BY LAW 3. BY MALICIOUSLY PUBLISHING OR CAUSING TO BE PUBLISHED ANY OFFICIAL RESOLUTION OR DOCUMENT WITHOUT PROPER AUTHORITY, OR BEFORE THEY HAVE BEEN PUBLISHED OFFICIALLY 4. BY PRINTING, PUBLISHING, OR DISTRIBUTING OR CAUSE TO BE PRINTED, PUBLISHED OR DISTRIBUTED PAMPHLETS, PERIODICALS, OR LEAFLETS WHICH DO NOT BEAR THE REAL PRINTER’S NAME, OR WHICH ARE CLASSIFIED AS SYNONYMOUS. ART. 155. ALARMS AND SCANDALS. - COMMITTED BY ANY PERSON WHO SHALL: 1. WITHIN ANY TOWN OR PUBLIC PLACE, SHALL DISCHARGE ANY FIREARM, ROCKET, FIRECRACKER, OR OTHER EXPLOSIVE CALCULATED TO CAUSE ALARM OR DANGER; 2. INSTIGATE OR TAKE AN ACTIVE PART IN ANY CHARIVARI OR OTHER DISORDERLY MEETING OFFENSIVE TO ANOTHER OR PREJUDICIAL TO PUBLIC TRANQUILITY 3. WHILE WANDERING ABOUT AT NIGHT OR WHILE ENGAGED IN ANY NOCTURNAL AMUSEMENTS, SHALL DISTURB THE PUBLIC PEACE; OR 4. WHO WHILE INTOXICATED OR OTHERWISE, SHALL CAUSE ANY DISTURBANCE OR SCANDAL IN PUBLIC PLACES, AS LONG AS ARTICLE 153 IS NOT APPLICABLE ART. 156. DELIVERING PRISONERS FROM JAIL- COMMITTED BY ANY PERSON WHO SHALL REMOVE FROM ANY JAIL OR PENAL ESTABLISHMENT ANY PERSON CONFINED THEREIN OR SHALL HELP THE ESCAPE OF SUCH PERSON, BY MEANS OF VIOLENCE, INTIMIDATION OR BRIBERY. ELEMENTS OF DELIVERING PRISONERS FROM JAIL: 1. THERE IS A PERSON CONFINED IN JAIL OR ANY PENAL ESTABLISHMENT; 2. THE OFFENDER REMOVES SUCH PERSON THEREFROM, OR HELPS IN HIS ESCAPE. CHAPTER SIX EVASION OF SERVICE OF SENTENCE (ART 157- 159) ART. 157. EVASION OF SERVICE OF SENTENCE- COMMITTED BY ANY CONVICT WHO SHALL EVADE SERVICE OF HIS SENTENCE BY ESCAPING DURING THE TERM OF HIS IMPRISONMENT BY REASON OF FINAL JUDGMENT ART. 158. EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF DISORDERS, CONFLAGRATIONS, EARTHQUAKES, OR OTHER CALAMITIES. - COMMITTED BY A CONVICT, WHO SHALL EVADE THE SERVICE OF HIS SENTENCE BY LEAVING THE PENAL INSTITUTION ON THE OCCASION OF THE ABOVE MENTIONED EVENTS, OR DURING A MUTINY IN WHICH HE HAS NOT PARTICIPATED, WHO SHALL FAIL TO GIVE HIMSELF UP TO THE AUTHORITIES WITHIN 48 HOURS FOLLOWING THE ISSUANCE OF A PROCLAMATION BY THE CHIEF EXECUTIVE ANNOUNCING THE PASSING AWAY OF SUCH CALAMITY. IN THIS CASE HE SHALL SUFFER AN INCREASE OF 1/5 OF THE TIME STILL REMAINING TO BE SERVED UNDER THE ORIGINAL WHICH HOWEVER SHALL NOT EXCEED SIX MONTHS. ART. 159. OTHER CASES OF EVASION OF SERVICE OF SENTENCE. - COMMITTED BY ANY CONVICT WHO HAVING BEEN GRANTED CONDITIONAL PARDON BY THE CHIEF EXECUTIVE, SHALL VIOLATE ANY CONDITION OF SUCH PARDON. IF THE PENALTY REMITTED BY THE GRANTING OF SUCH PARDON BE HIGHER THAN 6 YEARS, THE CONVICT SHALL SUFFER THE UNEXPIRED PORTION OF HIS ORIGINAL SENTENCE. CHAPTER SEVEN - COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE. ART. 160. COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE. - ANY PERSON WHO SHALL COMMIT A FELONY AFTER HAVING BEEN CONVICTED BY FINAL JUDGMENT, BEFORE BEGINNING TO SERVE SUCH SENTENCE, OR WHILE SERVING THE SAME, SHALL BE PUNISHED BY THE MAXIMUM PERIOD OF THE PENALTY PRESCRIBED BY LAW FOR THE NEW FELONY (THIS IS KNOWN AS QUASI RECIDIVISM) TITLE FOUR - CRIMES AGAINST PUBLIC INTEREST ART. 161. COUNTERFEITING THE GREAT SEAL OF THE GOVERNMENT, FORGING THE SIGNATURE OR STAMP OF THE CHIEF EXECUTIVE. ART. 162. USING FORGED SIGNATURE OR COUNTERFEIT SEAL OR STAMP. ART. 163. MAKING AND IMPORTING AND UTTERING FALSE COINS-COMMITTED BY ANY PERSON WHO SHALL MAKE, IMPORT OR UTTER FALSE COINS IN CONNIVANCE WITH COUNTERFEITERS OR IMPORTERS.

Compendium of Criminal Law and Jurisprudence (CLJ)

ART. 164. MUTILATION OF COINS- COMMITTED BY ANY PERSON WHO SHALL MUTILATE COINS OF THE LEGAL CURRENCY OF THE PHILIPPINES OR IMPORT OR UTTER MUTILATED CURRENT COIN IN CONNIVANCE WITH MUTILATOR OR IMPORTER. ART. 165. SELLING OF FALSE OR MUTILATED COINS, WITHOUT CONNIVANCE. ACTS PUNISHABLE: 1. POSSESSION OF COINS, WITH KNOWLEDGE THAT IT IS FALSE OR MUTILATED AND WITH INTENT TO UTTER THE SAME- AND THE SAME COIN WAS COUNTERFEITED OR MUTILATED BY ANOTHER PERSON 2. UTTERANCES OF SUCH FALSE OR MUTILATED COINS, KNOWING THEM TO BE FALSE OR MUTILATED ART. 166. FORGING TREASURY OR BANK NOTES OR OTHER DOCUMENTS PAYABLE TO BEARER; IMPORTING AND UTTERING SUCH FALSE OR FORGED NOTES AND DOCUMENTS. ACTS PUNISHABLE: 1. FORGING AND FALSIFICATION OF TREASURY OR BANK NOTES OR OTHER DOCUMENTS PAYABLE TO BEARER. 2. IMPORTATION OF THESE FALSE OR FORGED OBLIGATIONS OR NOTES 3. UTTERING THESE FORGED OR FALSE OBLIGATION AND NOTES THE UTTERED CONNIVING WITH THE FORGERS OR IMPORTERS ART. 167. COUNTERFEITING, IMPORTING AND UTTERING INSTRUMENTS NOT PAYABLE TO BEARER . COMMITTED BY ANY PERSON WHO SHALL FORGE, IMPORT OR UTTER, IN CONNIVANCE WITH THE IMPORTER OR FORGERS, ANY INSTRUMENT PAYABLE TO ORDER OR OTHER DOCUMENT OF CREDIT NOT PAYABLE TO BEARER. ART. 168. ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR BANK NOTES A ND OTHER INSTRUMENTS OF CREDIT –COMMITTED BY ANY PERSON WHO SHALL KNOWINGLY USE OR HAVE IN HIS POSSESSION, WITH INTENT TO USE ANY OF THE FALSE OR FALSIFIED INSTRUMENTS REFERRED TO ABOVE. ART. 169. HOW FORGERY COMMITTED (PANGHUHUWAD) 1. BY GIVING TO A TREASURY OR BANK NOTE OR ANY INSTRUMENT PAYABLE TO BEARER OR TO ORDER MENTIONED THEREIN, THE APPEARANCE OF A TRUE AND GENUINE DOCUMENT. 2. BY ERASING, SUBSTITUTING, COUNTERFEITING, OR ALTERING BY ANY MEANS THE FIGURES, LETTERS, WORDS, OR SIGN CONTAINED THEREIN ART. 170. FALSIFICATION OF LEGISLATIVE DOCUMENTS- COMMITTED BY ANY PERSON WHO, WITHOUT PROPER AUTHORITY SHALL ALTER ANY BILL, RESOLUTION OR ORDINANCE ENACTED OR APPROVED OR PENDING APPROVAL BY EITHER HOUSE OR ANY PROVINCIAL OR MUNICIPAL BOARD OR COUNCIL ART. 171. FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE OR NOTARY OR ECCLESIASTICAL MINISTER COMMITTED BY THESE PEOPLE WHO, TAKING ADVANTAGE OF THEIR PUBLIC POSITION, SHALL FALSIFY A DOCUMENT BY COMMITTING ANY OF THESE: 1. COUNTERFEITING OR IMITATING ANY HANDWRITING, SIGNATURE OR RUBRIC; 2. CAUSING IT TO APPEAR THAT PERSONS HAVE PARTICIPATED IN ANY ACT OR PROCEEDING WHEN THEY DID NOT IN FACT SO PARTICIPATE 3. ATTRIBUTING TO PERSONS WHO HAVE PARTICIPATED IN AN ACT OR PROCEEDING STATEMENTS OTHER THAN THOSE IN FACT MADE BY THE M 4. MAKING UNTRUTHFUL STATEMENTS IN A NARRATION OF FACTS 5. ALTERING TRUE DATES; 6. MAKING ANY ALTERATION OR INTERCALATION IN A GENUINE DOCUMENT WHICH CHANGES ITS MEANING 7. ISSUING IN AN AUTHENTICATED FORM A DOCUMENT PURPORTING TO BE A COPY OF AN ORIGINAL DOCUMENT WHEN NO SUCH ORIGINAL EXISTS, OR INCLUDING IN SUCH COPY A STATEMENT CONTRARY TO, OR DIFFERENT FROM, THAT OF THE GENUINE ORIGINAL; OR 8. INTERCALATING ANY INSTRUMENT OR NOTE RELATIVE TO THE ISSUANCE THEREOF IN A PROTOCOL, REGISTRY OR OFFICIAL BOOK. ELEMENTS OF FALSIFICATION BY PUBLIC OFFICER, EMPLOYYEE OR NOTARY PUBLIC: 1. THE OFFENDER IS A PUBLIC OFFICER, EMPLOYEE OR NOTARY PUBLIC; 2. HE TAKES ADVANTAGE OF HIS OFFICIAL POSITION; 3. HE FALSIFIES A DOCUMENT BY COMMITTING ANY OF THE ACTS ABOVE ENUMERATED; 4. IF THE OFFENDER IS AN ECCLESIASTICAL MINISTER, THE FALSIFICATION IS COMMITTED WITH RESPECT TO ANY RECORD OR DOCUMENT OF SUCH CHARACTER THAT IT MAY AFFECT THE CIVIL STATUS OF ANOTHER. ART. 172. FALSIFICATION BY PRIVATE INDIVIDUALS AND USE OF FALSIFIED DOCUMENTS- COMMITTED BY: 1. PRIVATE INDIVIDUAL WHO SHALL COMMIT ANY OF THE FALSIFICATIONS MENTIONED IN THE PRECEDING ARTICLE IN ANY PUBLIC OR OFFICIAL DOCUMENT OR LETTER OF EXCHANGE OR ANY KIND OF COMMERCIAL DOCUMENT; AND 2. ANY PERSON WHO, TO THE DAMAGE OF ANOTHER, OR WITH INTENT TO CAUSE SUCH DAMAGE, SHALL IN ANY PRIVATE DOCUMENT SHALL COMMIT ANY OF THE ACTS OF FALSIFICATIONS THEREIN 3. ANY PERSON WHO SHALL KNOWINGLY INTRODUCE IN EVIDENCE IN ANY JUDICIAL PROCEEDING TO THE DAMAGE OF ANOTHER OR WHO, WITH INTENT TO CAUSE SUCH DAMAGE, SHALL USE ANY OF THE FALSE DOCUMENTS EMBRACED IN THE PRECEDING ARTICLE OR IN ANY OF THE SUBDIVISION OF THIS ARTICLE. ELEMENTS OF FALSIFICATION UNDER PARAGRAPH 1 1. THE OFFENDER IS A PRIVATE INDIVIDUAL OR A PUBLIC OFFICER WHO DID NOT TAKE ADVANTAGE OF HIS OFFICIAL POSITION; 2. HE COMMITTED ANY ACTS OF FALSIFICATION ENUMERATED IN ARTICLE 171; 3. THE FALSIFICATION IS COMMITTED IN A PUBLIC OR OFFICIAL OR COMMERCIAL DOCUMENT.

Compendium of Criminal Law and Jurisprudence (CLJ)

ELEMENTS OF FALSIFICATION UNDER PARAGRAPH 2 1. THE OFFENDER COMMITTED ANY ACTS OF FALSIFICATION ENUMERATED IN ARTICLE 171 WITH THE SINGLE EXCEPTION OF THAT STATED IN PARAGRAPH SEVEN; 2. THE FALSIFICATION IS COMMITTED IN A PRIVATE DOCUMENT; 3. THE FALSIFICATION WAS DONE WITH INTENT TO CAUSE DAMAGE OR IT ACTUALLY CAUSED DAMAGE TO A THIRD PARTY ART. 173. FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH, AND TELEPHONE MESSAGES, AND USE OF SAID FALSIFIED MESSAGES. ART. 174. FALSE MEDICAL CERTIFICATES, FALSE CERTIFICATES OF MERIT OR SERVICE, ETC. COMMITTED BY: 1. PHYSICIAN OR SURGEON WHO IN CONNECTION WITH THE PRACTICE OF HIS PROFESSION , SHALL ISSUE A FALSE CERTIFICATE 2. PUBLIC OFFICER WHO SHALL ISSUE A FALSE CERTIFICATE OF MERIT OF SERVICE, GOOD CONDUCT, OR SIMILAR CIRCUMSTANCES 3. PRIVATE PERSON WHO SHALL FALSIFY ANY OF THE ABOVE MENTIONED CERTIFICATES. ART. 175. USING FALSE CERTIFICATE. - COMMITTED BY ANYONE WHO SHALL MAKE USE OF THE FALSE CERTIFICATES MENTIONED IN THE NEXT PRECEDING ARTICLE. ART. 176. MANUFACTURING AND POSSESSION OF INSTRUMENTS OR IMPLEMENTS FOR FALSIFICATION. COMMITTED BY ANY PERSON WHO SHALL: 1. MAKE OR INTRODUCE INTO THE PHILIPPINES ANY STAMPS, DIES, MARKS, OR OTHER INSTRUMENTS OR IMPLEMENTS FOR COUNTERFEITING OR FALSIFICATION 2. POSSESS WITH INTENT TO USE THE INSTRUMENTS OR IMPLEMENTS FOR COUNTERFEITING OR FALSIFICATION MADE IN OR INTRODUCED INTO THE PHILIPPINES BY ANOTHER PERSON. ART. 177. USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS: - COMMITTED BY ANY PERSON WHO SHALL1. KNOWINGLY AND FALSELY REPRESENT HIMSELF TO BE AN OFFICER, AGENT OR REPRESENTATIVE OF ANY DEPARTMENT OR AGENCY OF THE PHILIPPINE GOVERNMENT OR ANY FOREIGN GOVERNMENT. (USURPATION OF AUTHORITY) 2. PERFORM ANY ACT PERTAINING TO ANY PERSON IN AUTHORITY OR PUBLIC OFFICER OF THE PHILIPPINE GOVERNMENT OR OF A FOREIGN GOVERNMENT OR ANY AGENCY THEREOF, UNDER PRETENSE OF OFFICIAL POSITION, AND WITHOUT BEING LAWFULLY ENTITLED TO DO SO. ART. 178. USING FICTITIOUS NAME AND CONCEALING TRUE NAME- COMMITTED BY ANY PERSON WHO SHALL: 1. PUBLICLY USE A FICTITIOUS NAME FOR THE PURPOSE OF CONCEALING A CRIME, EVADING THE EXECUTION OF A JUDGMENT, OR CAUSING DA MAGE. 2. CONCEAL HIS TRUE NAME AND OTHER PERSONAL CIRCUMSTANCES. USING FICTITIOUS NAME DISTINGUISHED FROM CONCEALING TRUE NAME 1. IN USING FICTITIOUS NAME, THE ELEMENT OF PUBLICITY MUST BE PRESENT, IN CONCEALING TRUE NAME AND OTHER PERSONAL CIRCUMSTANCES, THAT ELEMENT IS NOT NECESSARY. 2. THE PURPOSE IN USE OF FICTITIOUS NAME IS TO CONCEAL A CRIME, EVADE THE EXECUTION OF SENTENCE OR TO CAUSE DAMAGE. WHILE IN CONCEALING TRUE NAME, THE PURPOSE IS MERELY TO CONCEAL IDENTITY. ART. 179. ILLEGAL USE OF UNIFORMS AND INSIGNIA- COMMITTED BY ANY PERSON WHO SHALL PUBLICLY AND IMPROPERLY MAKE USE OF INSIGNIA, UNIFORMS, OR DRESS PERTAINING TO AN OFFICE NOT HELD BY SUCH PERSON OR TO CLASS OF PERSONS OF WHICH HE IS NOT A MEMBER. ART. 180. FALSE TESTIMONY AGAINST A DEFENDANT- COMMITTED BY ANY PERSON WHO SHALL GIVE FALSE TESTIMONY AGAINST THE DEFENDANT IN ANY CRIMINAL CASE. ELEMENTS OF FALSE TESTIMONY AGAINST A DEFENDANT: 1. THERE IS COURT PROCEEDING CRIMINAL IN NATURE; 2. THE OFFENDER FALSELY TESTIFIES UNDER OATH AGAINST THE DEFENDANT THEREIN; 3. THE OFFENDER KNOWS THAT THE TESTIMONY IS FALSE. ART. 181. FALSE TESTIMONY FAVORABLE TO THE DEFENDANT - COMMITTED BY ANY PERSON WHO SHALL GIVE FALSE TESTIMONY IN FAVOR OF THE DEFENDANT. ART. 182. FALSE TESTIMONY IN CIVIL CASESELEMENTS OF FALSE TESTIMONY IN CIVIL CASES: 1. THERE IS A CIVIL CASE; 2. THE TESTIMONY OF THE OFFENDER WAS GIVEN IN RELATION TO THE ISSUES PRESENTED THEREIN; 3. THE TESTIMONY IS FALSE; 4. THE OFFENDER KNOWS THAT IT IS FALSE; 5. THE TESTIMONY IS MALICIOUS. ART. 183. FALSE TESTIMONY IN OTHER CASES AND PERJURY IN SOLEMN AFFIRMATION- COMMITTED BY ANY PERSON WHO SHALL KNOWINGLY MAKE UNTRUTHFUL STATEMENTS AND NOT BEING INCLUDED IN THE PROVISIONS OF THE NEXT PRECEDING ARTICLES, SHALL TESTIFY UNDER OATH, OR MAKE AN AFFIDAVIT, UPON ANY MATERIAL MATTER BEFORE A COMPETENT PERSON AUTHORIZED TO ADMINISTER AN OATH IN CASES IN WHICH THE LAW SO REQUIRES. ELEMENTS OF PERJURY: 1. THE ACCUSED MADE A STATEMENT UNDER OATH OR EXECUTED AN AFFIDAVIT UPON A MATERIAL MATTER;

Compendium of Criminal Law and Jurisprudence (CLJ)

2. 3. 4.

THIS STATEMENT OR AFFIDAVIT WAS MADE BEFORE A COMPETENT OFFICER AUTHORIZED TO RECEIVE AND ADMINISTER OATH; IN HIS STATEMENT OR AFFIDAVIT, THE ACCUSED MADE A WILLFUL AND DELIBERATE ASSERTION OF FALSEHOOD; AND THE SWORN STATEMENT OR AFFIDAVIT CONTAINING THE FALSITY IS REQUIRED BY LAW.

ART. 184. OFFERING FALSE TESTIMONY IN EVIDENCE- COMMITTED BY ANY PERSON WHO SHALL KNOWINGLY OFFER IN EVIDENCE A FALSE WITNESS OR TESTIMONY IN ANY JUDICIAL OR OFFICIAL PROCEEDING. ART. 185. MACHINATIONS IN PUBLIC AUCTION- COMMITTED BY ANY PERSON WHO SHALL: 1. SOLICIT ANY GIFT OR PROMISE AS A CONSIDERATION FOR REFRAINING FROM TAKING PART IN ANY PUBLIC AUCTION; 2. ATTEMPT TO CAUSE BIDDERS TO STAY AWAY FROM AN AUCTION BY THREATS, GIFTS, PROMISES OR ANY OTHER ARTIFICE. ART. 186. MONOPOLIES AND COMBINATIONS IN RESTRAINT OF T RADE. COMMITTED BY ANY PERSON WHO SHALL: 1. ENTER INTO ANY CONTRACT OR AGREEMENT OR SHALL TAKE PART IN ANY CONSPIRACY OR COMBINATION, IN RESTRAINT OF TRADE OR COMMERCE OR TO PREVENT BY ARTIFICIAL MEANS FREE COMPETITION IN THE MARKET. 2. MONOPOLIZE ANY MERCHANDISE OR OBJECT OF TRADE OR COMMERCE, OR SHALL COMBINE WITH ANY PERSON/S TO MONOPOLIZE SAID MERCHANDISE OR OBJECT IN ORDER TO ALTER THE PRICE THEREOF BY SPREADING FALSE RUMORS OR MAKING USE OF ANY ARTIFICE TO RESTRAIN FREE COMPETITION IN THE MARKET. 3. BEING A MANUFACTURER, PRODUCER, OR PROCESSOR OF ANY MERCHANDISE OR OBJECT OF COMMERCE OR AN IMPORTER OF ANY MERCHANDISE, EITHER AS WHOLESALER OR RETAILER, SHALL COMBINE, CONSPIRE OR AGREE IN ANY MANNER WITH ANY PERSON LIKE WISE ENGAGED IN THE MANUFACTURE, PRODUCTION, PROCESSING, ASSEMBLING OR IMPORTATION OF SUCH MERCHANDISE OR OBJECT OF COMMERCE FOR THE PURPOSE OF MAKING TRANSACTION PREJUDICIAL TO LAWFUL COMMERCE, OR OF INCREASING THE MARKET PRICE. ART. 200. GRAVE SCANDAL (MALUBHANG ISKANDALO)-COMMITTED BY ANY PERSON WHO SHALL OFFEND AGAINST DECENCY OR GOOD CUSTOMS BY ANY HIGHLY SCANDALOUS CONDUCT NOT EXPRESSLY FALLING WITHIN ANY ARTICLE OF THE RPC. ELEMENTS OF GRAVE SCANDAL: 1. THE OFFENDER PERFORMS AN ACT; 2. THE ACT MUST BE HIGHLY SCANDALOUS AS OFFENDING AGAINST DECENC Y OR GOOD CUSTOMS; 3. THE SCANDALOUS CONDUCT IS NOT EXPRESSLY FALLING WITHIN ANY OTHER ARTICLE OF THE RPC; 4. THE ACT BE COMMITTED IN A PUBLIC PLACE OR WITHIN THE PUBLIC KNOWLEDGE OR VIEW. ART. 201. IMMORAL DOCTRINES. OBSCENE PUBLICATIONS AND EXHIBITIONS, AND INDECENT SHOWSCOMMITTED BY ANY PERSON WHO: 1. SHALL PUBLICLY EXPOUND OR PROCLAIM DOCTRINES OPENLY CONTRARY TO PUBLIC MORALS; 2. THE AUTHORS OF OBSCENE LITERATURE, PUBLISHED WITH THEIR KNOWLEDGE IN ANY FORM. 3. THE EDITORS PUBLISHING SUCH LITERATURE 4. OWNERS OR OPERATORS OF ESTABLISHMENT SELLING THEM 5. THOSE WHO IN THEATERS, FAIRS, CINEMATOGRAPHS, OR ANY OTHER PLACE, EXHIBIT INDECENT OR IMMORAL PLAYS, SCENES, ACTS OR SHOWS. 6. THOSE WHO SHALL SELL, GIVE AWAY, OR EXHIBIT FILMS, PRINTS, ENGRAVINGS, SCULPTURES, OR LITERATURES WHICH ARE OFFENSIVE TO MORALS. ART. 202. VAGRANTS AND PROSTITUTES- (MGA PALABOY AT MGA PUTA) 1. ANY PERSON HAVING NO APPARENT MEANS OF SUBSISTENCE, WHO HAS THE PHYSICAL ABILITY TO WORK AND WHO NEGLECTS TO APPLY HIMSELF TO SOME LAWFUL CALLING. 2. ANY PERSON FOUND LOITERING ABOUT PUBLIC OR SEMIPUBLIC BUILDING OR PLACES, OR TRAMPING OR WANDERING ABOUT THE COUNTRY OR THE STREETS WITHOUT VISIBLE MEANS OF SUPPORT; 3. ANY IDLE OR DISSOLUTE PERSON WHO LODGES IN HOUSES OF ILL FAME; RUFFIANS OR PIMPS AND THOSE WHO HABITUALLY ASSOCIATE WITH PROSTITUTES 4. ANY PERSON FOUND LOITERING IN ANY INHABITED OR UNINHABITED PLACE BELONGING TO ANOTHER WITHOUT ANY LAWFUL OR JUSTIFIABLE PURPOSE TITLE SEVEN - CRIMES COMMITTED BY PUBLIC OFFICERS ART. 203. PUBLIC OFFICERS - ANY PERSON WHO, BY DIRECT PROVISION OF THE LAW, POPULAR ELECTION OR APPOINTMENT BY COMPETENT AUTHORITY, SHALL TAKE PART IN THE PERFORMANCE OF PUBLIC FUNCTIONS IN THE GOVERNMENT, OR SHALL PERFORM IN SAID GOVERNMENT OR IN ANY OF ITS BRANCHES PUBLIC DUTIES AS AN EMPLOYEE, AGENT , OR SUBORDINATE OFFICIAL, OF ANY RANK OR CLASS. ART. 204. KNOWINGLY RENDERING UNJUST JUDGMENT - COMMITTED BY ANY JUDGE WHO SHALL KNOWINGLY RENDER AN UNJUST JUDGMENT IN ANY CASE SUBMITTED TO HIM FOR DECISION. ART. 205. JUDGMENT RENDERED THROUGH NEGLIGENCE- COMMITTED BY ANY JUDGE WHO, BY REASON OF INEXCUSABLE NEGLIGENCE OR IGNORANCE, SHALL RENDER A MANIFESTLY UNJUST JUDGMENT IN ANY CASE SUBMITTED TO HIM FOR DECISION.

Compendium of Criminal Law and Jurisprudence (CLJ)

ART. 206. UNJUST INTERLOCUTORY ORDER - COMMITTED BY ANY JUDGE WHO SHALL KNOWINGLY OR BY REASON OF INEXCUSABLE NEGLIGENCE OR IGNORANCE SHALL RENDER AN UNJUST INTERLOCUTORY ORDER OR DECREE. ART. 207. MALICIOUS DELAY IN THE ADMINISTRATION OF JUSTICE- COMMITTED BY A JUDGE WHO IS GUILTY OF MALICIOUS DELAY IN THE ADMINISTRATION OF JUSTICE. ART. 208. PROSECUTION OF OFFENSES; NEGLIGENCE AND TOLERANCE - COMMITTED BY PUBLIC OFFICERS OR OFFICERS OF THE LAW, WHO, IN DERELICTION OF THE DUTIES OF HIS OFFICE, SHALL MALICIOUSLY REFRAIN FROM INSTITUTING PROSECUTION FOR THE PUNISHMENT OF VIOLATORS OF THE LAW, OR SHALL TOLERATE THE COMMISSION OF OFFENSE. ELEMENTS OF DERELICTION OF DUTY IN THE PROSECUTION OF OFFENSES: 1. THE OFFENDER IS A PUBLIC OFFICER OR OFFICER OF THE LAW WHO HAS A DUTY OF PROSECUTING OFFENSES; 2. HE, KNOWING THE COMMISSION OF A CRIME DOES NOT CAUSE THE PROSECUTION OF THE CRIMINAL; 3. HE ACTS WITH MALICE. ART. 209. BETRAYAL OF TRUST BY AN ATTORNEY OR SOLICITOR -REVELATION OF SECRETSACTS PUNISHABLE: 1. AN ATTORNEY CAUSING DAMAGE TO HIS CLIENT BY MALICIOUS BREACH OF PROFESSIONAL DUTY OR BY INEXCUSABLE NEGLIGENCE OR TOLERANCE. 2. AN ATTORNEY REVEALING ANY OF THE SECRETS OF HIS CLIENT LEARNED BY HIM IN HIS PROFESSIONAL CAPACITY. 3. AN ATTORNEY UNDERTAKING THE DEFENSE OF THE OPPOSING PARTY IN THE SAME CASE, WITHOUT THE CONSENT OF HIS FIRST CLIENT, AFTER HAVING UNDERTAKEN THE DEFENSE OF THE FIRST CLIENT OR AFTER HAVING RECEIVED CONFIDENTIAL INFORMATION FROM SAID CLIENT. ART. 210. DIRECT BRIBERY (TUWIRANG PAGSUHOL)-COMMITTED BY A PUBLIC OFFICER WHO: 1. AGREES TO PERFORM, OR BY PERFORMING, IN CONSIDERATION OF ANY OFFE R, PROMISE, GIFT OR PRESENT-AN ACT CONSTITUTING A CRIME, IN CONNECTION WITH THE PERFORMANCE OF HIS OFFICIAL DUTY. 2. ACCEPTS A GIFT IN CONSIDERATION OF THE EXECUTION OF AN ACT WHICH DOES NOT CONSTITUTE A CRIME, IN CONNECTION WITH THE PERFORMANCE OF HIS OFFICI AL DUTY. 3. AGREEING TO REFRAIN, OR BY REFRAINING, FROM DOING SOMETHING WHICH IT IS HIS OFFICIAL DUTY TO DO SO, IN CONSIDERATION OF A GIFT OR PROMISE. ELEMENTS OF DIRECT BRIBERY: 1. THE OFFENDER IS A PUBLIC OFFICER; 2. HE ACCEPTS AN OFFER OR A PROMISE OR RECEIVES A GIFT OR PRESENT BY HIMSELF OR THROUGH ANOTHER; 3. SUCH OFFER OR PROMISE BE ACCEPTED, OR GIFT OR PRESENT RECEIVED BY HIM: a. WITH A VIEW TO COMMITTING SOME CRIME; OR b. IN CONSIDERATION OF THE EXECUTION OF AN UNJUST ACT WHICH DOES NOT CONSTITUTE A CRIME c. TO REFRAIN FROM DOING SOMETHING WHICH IT IS HIS OFFICIAL DUTY TO DO. 4. THE ACT WHICH THE OFFENDER AGREES TO PERFORM OR WHICH HE EXECUTES BE CONNECTED WITH THE PERFORMANCE OF HIS OFFICIAL DUTIES ART. 211. INDIRECT BRIBERY- COMMITTED BY ANY PUBLIC OFFICER WHO SHALL ACC EPT GIFTS OFFERED TO HIM BY REASON OF HIS OFFICE. ELEMENTS OF INDIRECT BRIBERY: 1. THE OFFENDER IS A PUBLIC OFFICER; 2. GIFTS ARE OFFERED TO HIM BY REASON OF HIS OFFICE; 3. HE ACCEPTS THE GIFT ART. 211-A.QUALIFIED BRIBERY- COMMITTED BY A PUBLIC OFFICER WHO IS ENTRUSTED WITH LAW ENFORCEMENT AND WHO REFRAINS FROM ARRESTING OR PROSECUTING AN OFFENDER WHO HAS COMMITTED A CRIME PUNISHABLE BY RECLUSION PERPETUA AND/OR DEATH IN CONSIDERATION OF ANY OFFER, PROMISE, AND GIFT OR PRESENT. THE DEATH PENALTY SHALL BE IMPOSED IF IT IS THE PUBLIC OFFICER WHO ASKS OR DEMANDS SUCH GIFT OR PRESENT. ELEMENTS OF QUALIFIED BRIBERY: 1. THE OFFENDER IS A PUBLIC OFFICER ENTRUSTED WITH LAW ENFORCEMENT; 2. HE REFRAINS FROM ARRESTING OR PROSECUTING AN OFFENDER WHO HAS COMMITTED A CRIME PUNISHABLE BY RECLUSION PERPETUA AND/OR DEATH; 3. HE DOES SO BECAUSE OF CONSIDERATION OF ANY PROMISE, GIFT OR PRESENT. ART. 212. CORRUPTION OF PUBLIC OFFICIALS- COMMITTED BY ANY PERSON WHO SHALL HAVE MADE THE OFFERS OR PROMISES OR GIVEN THE GIFTS OR PRESENT AS DESCRIB ED IN THE PRECEDING ARTICLES. ELEMENTS OF CORRUPTION OF PUBLIC OFFICIAL: 1. 2.

THE OFFENDER MAKES OFFERS OR PROMISES OR GIVES GIFT OR PRESENTS TO A PUBLIC OFFICER; THEY ARE GIVEN UNDER CIRCUMSTANCES THAT WILL MAKE THE PUBLIC OFFICER LIABLE FOR DIRECT OR INDIRECT BRIBERY.

SEE RA 3019- THE ANTI-GRAFT AND CORRUPT PRACTICES ACT ART. 213. FRAUDS AGAINST THE PUBLIC TREASURY AND SIMILAR OFFENSES. COMMITTED BY A PUBLIC OFFICER WHO SHALL:

Compendium of Criminal Law and Jurisprudence (CLJ)

1.

2. 3. 4.

ENTER INTO AN AGREEMENT WITH ANY PARTY OR SPECULATOR OR MAKE USE OF SCHEME, TO DEFRAUD THE GOVERNMENT, IN DEALING WITH ANY PERSON WITH REGARD TO FURNISHING OF SUPPLIES, THE MAKING OF CONTRACTS OR THE ADJUSTMENT OR SETTLEMENT OF ACCOUNTS. DEMAND, THE PAYMENT OF SUMS DIFFERENT FROM OR LARGER THAN THOSE AUTHORIZED BY LAW, IN THE COLLECTION OF TAXES, LICENSES, FEES OR OUTPOSTS. VOLUNTARILY FAIL TO ISSUE A RECEIPT, FOR ANY SUMS OF MONEY COLLECTED BY HIM OFFICIALLY, IN THE COLLECTION OF TAXES, FEES, LICENSES, OUTPOSTS. COLLECTING OR RECEIVING, DIRECTLY OR INDIRECTLY, THINGS OR OBJECTS OF A NATURE DIFFERENT FROM THAT PROVIDED BY LAW, IN THE COLLECTION OF TAXES, FEES, LICENSES AND OTHER IMPOSTS.

ART. 215. PROHIBITED TRANSACTIONS- COMMITTED BY APPOINTIVE PUBLIC OFFICER, WHO, DURING HIS INCUMBENCY, SHALL BECOME INTERESTED IN ANY TRANSACTION OF E XCHANGE OR SPECULATION WITHIN THE TERRITORY SUBJECT OF HIS JURISDICTION. ART. 216. POSSESSION OF PROHIBITED INTEREST BY A PUBLIC OFFICER .-COMMITTED BY A PUBLIC OFFICER WHO SHALL BECOME INTERESTED IN ANY CONTRACT OR BUSINESS IN WHICH IT IS HIS OFFICIAL DUTY TO INTERVENE. ART. 217. MALVERSATION OF PUBLIC FUNDS OR PROPERTY (PAGLUSTAY NG SALAPI O MGA ARI-ARIAN NG BAYAN)- COMMITTED BY A PUBLIC OFFICER WHO BY REASON OF THE DUTIES OF HIS OFFICE IS ACCOUNTABLE FOR PUBLIC FUNDS OR PROPERTY WHO SHALL: 1. APPROPRIATE PUBLIC FUNDS OR PROPERTY 2. TAKE OR MISAPPROPRIATE PUBLIC FUNDS OR PROPERTY. 3. CONSENT, OR THROUGH ABANDONMENT OR NEGLIGENCE, PERMIT ANY OTHER PERSON TO TAKE SUCH PUBLIC FUNDS OR PROPERTY. ELEMENTS OF MALVERSATION: 1. THE OFFENDER IS A PUBLIC OFFICER; 2. HE HAD CONTROL OR CUSTODY OF FUNDS OR PROPERTY BY REASON OF THE DUTIES OF HIS OFFICE; 3. THESE FUNDS OR PROPERTY ARE PUBLIC IN CHARACTER FOR WHICH HE IS ACCOUNTABLE; 4. HE APPROPRIATED, MISAPPROPRIATED, TOOK, OR CONSENTED, OR THROUGH ABANDONMENT OR NEGLIGENCE, PERMITTED ANOTHER PERSON TO TAKE THEM. ART. 218. FAILURE OF ACCOUNTABLE OFFICER TO RENDER ACCOUNT - COMMITTED BY ANY PUBLIC OFFICER WHO IS REQUIRED BY LAW OR REGULATION TO RENDER ACCOUNTS TO THE COMMISSION ON AUDIT, OR TO A PROVINCIAL AUDITOR AND WHO FAILS TO DO SO FO R A PERIOD OF TWO MONTHS AFTER SUCH ACCOUNTS SHOULD BE RENDERED. ART. 219. FAILURE OF RESPONSIBLE PUBLIC OFFICER TO RENDER ACCOUNTS BEFORE LEAVING THE COUNTRY.- COMMITTED BY A PUBLIC OFFICER WHO UNLAWFULLY LEAVES OR ATTEMPTS TO LEAVE THE COUNTRY WITHOUT SECURING A CERTIFICATE FROM THE COA SHOWING THAT HIS ACCOUNTS HAVE BEEN FINALLY SETTLED. ART. 220. ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY. -COMMITTED BY A PUBLIC OFFICER WHO SHALL APPLY ANY PUBLIC FUNDS OR PROPERTY UNDER HIS ADMINISTRATION TO ANY PUBLIC USE OTHER THAN THAT FOR WHICH SUCH FUNDS OR PROPERTY WERE APPROPRIATED BY LAW OR ORDINANCE. ELEMENTS OF TECHNICAL MALVERSATION: 1. THE OFFENDER IS A PUBLIC OFFICER; 2. A PUBLIC FUND OR PROPERTY IS UNDER HIS ADMINISTRATION; 3. SUCH PUBLIC FUND OR PROPERTY HAS BEEN APPROPRIATED BY LAW OR ORDINANCE; 4. HE APPLIES IT TO A PUBLIC USE OTHER THAN THAT FOR WHICH SUCH FUND OR PROPERTY HAS BEEN APPROPRIATED BY LAW OR ORDINANCE. ART. 221. FAILURE TO MAKE DELIVERY OF PUBLIC FUNDS OR PROPERTY- COMMITTED BY ANY PUBLIC OFFICER WHO IS UNDER OBLIGATION TO MAKE PAYMENT FROM GOVERNMENT FUNDS IN HIS POSSESSION, WHO SHALL FAIL TO MAKE SUCH PAYMENT. NOTE: UNDER ART 222, EVEN PRIVATE INDIVIDUALS MAY BE HELD LIABLE UNDER THE PROVISIONS OF ARTICLES 217 TO 221 IF: 1. HE HAS CHARGE OF ANY NATIONAL, PROVINCIAL, MUNICIPAL FUNDS, REVENUE OR PROPERTY. 2. HE IS THE ADMINISTRATOR OR DEPOSITORY OF FUNDS OR PROPERTY, ATTACHED, SEIZED OR DEPOSITED BY PUBLIC AUTHORITY, EVEN IF SUCH PROPERTY BELONGS TO A PRIVATE INDIVIDUAL. ART. 223. CONNIVING WITH OR CONSENTING TO EVASION. - COMMITTED BY ANY PUBLIC OFFICER WHO SHALL CONSENT TO THE ESCAPE OF A PRISONER IN HIS CUSTODY OR CHARGE. ELEMENTS OF CONNIVING WITH OR CONSENTING TO EVASION: 1. THE OFFENDER IS A PUBLIC OFFICER; 2. HE HAD IN HIS CUSTODY A DETENTION PRISONER OR A PRISONER CONVICTED BY FINAL JUDGMENT; 3. THE PRISONER ESCAPED FROM HIS CUSTODY; 4. HE WAS IN CONNIVANCE WITH THE PRISONER IN THE LATTER’S ESCAPE. ART. 224. EVASION THROUGH NEGLIGENCE- COMMITTED BY A PUBLIC OFFICER WHO IS CHARGED WITH THE CUSTODY OR CONVEYANCE OF A PRISONER AND THE PRISONER ESCAPED THROUGH HIS NEGLIGENCE. ART. 225. ESCAPE OF PRISONER UNDER THE CUSTODY OF A PERSON NOT A PUBLIC OFFICER. COMMITTED BY ANY PRIVATE PERSON TO WHOM THE CONVEYANCE OR CUSTODY OF A PRISONER OR PERSON UNDER ARREST SHALL HAVE BEEN CONFIDE4D, WHO SHALL COMMIT ANY OF THE OFFENSES MENTIONED IN THE TWO PRECEDING ARTICLES.

Compendium of Criminal Law and Jurisprudence (CLJ)

ART. 226. REMOVAL, CONCEALMENT OR DESTRUCTION OF DOCUMENTS.-COMMITTED BY A PUBLIC OFFICER WHO TO THE DAMAGE OF A THIRD PARTY OR THE PUBLIC INTEREST SHALL REMOVE, DESTROY OR CONCEAL DOCUMENTS OR PAPERS OFFICIALLY ENTRUSTED TO HIM. ART. 227. OFFICER BREAKING SEAL- COMMITTED BY ANY PUBLIC OFFICER CHARGED WITH THE CUSTODY OF PAPERS OR PROPERTY SEALED BY PROPER AUTHORITY, WHICH SHALL BREAK THE SEALS OR PERMIT THEM TO BE BROKEN. ART. 228. OPENING OF CLOSED DOCUMENTS- COMMITTED BY ANY PUBLIC OFFICER WHO WITHOUT PROPER AUTHORITY, SHALL OPEN OR SHALL PERMIT TO BE OPENED ANY CLOSED PAPERS, DOCUMENTS, OR OBJECTS ENTRUSTED TO HIS CUSTODY. ART. 229. REVELATION OF SECRETS BY PUBLIC OFFICER ACTS PUNISHABLE: 1. REVEALING ANY SECRETS KNOWN TO THE PUBLIC OFFICER BY REASON OF HIS OFFICIAL DUTY. 2. DELIVERING WRONGFULLY PAPERS OR COPIES OF PAPERS WHICH HE MAY HAVE CHARGE AND WHICH SHOULD NOT BE PUBLISHED. ART. 230. PUBLIC OFFICER REVEALING SECRETS OF PRIVATE INDIVIDUAL - COMMITTED BY ANY PUBLIC OFFICER TO WHOM THE SECRETS OF PRIVATE INDIVIDUAL SHALL BECOME KNOWN BY REASON OF HIS OFFICE WHO SHALL REVEAL SUCH SECRETS. ART. 231. OPEN DISOBEDIENCE- COMMITTED BY ANY JUDICIAL OR EXECUTIVE OFFICER WHO SHALL OPENLY REFUSE TO EXECUTE THE JUDGMENT, DECISION OR ORDER O \F ANY SUPERIOR AUTHORITY MADE WITHIN THE SCOPE OF JURISDICTION OF THE LATTER AND ISSUED WITH ALL LEGAL FORMALITIES. ART. 232. DISOBEDIENCE TO ORDER OF SUPERIOR OFFICER WHEN SAID ORDER WAS SUSPENDED BY INFERIOR OFFICER- COMMITTED BY A PUBLIC OFFICER, WHO HAS SUSPENDED THE EXECUTION OF THE ORDERS OF HIS SUPERIOR, SHALL DISOBEY SUCH SUPERIORS AFTER THE LATTER HAVE DISAPPROVED THE SUSPENSION. ART. 233. REFUSAL OF ASSISTANCE- COMMITTED BY A PUBLIC OFFICER, WHO TO THE DAMAGE OF THE PUBLIC INTEREST OR TO A THIRD PERSON, UPON DEMAND FROM COMPETENT AUTHORITY, SHALL FAIL TO LEND HIS COOPERATION TOWARDS THE ADMINISTRATION OF JUSTICE OR OTHER PUBLIC SERVICE. ART. 234. REFUSAL TO DISCHARGE ELECTIVE OFFICE. - COMMITTED BY ANY PERSON WHO HAVING BEEN ELECTED BY ELECTION, SHALL REFUSE WITHOUT LEGAL MOTIVE TO BE SWORN IN OR TO DISCHARGE THE DUTIES OF SAID OFFICE. ART. 235. MALTREATMENT OF PRISONERS (PAGMAMALUPIT SA MGA BILANGGO).COMMITTED BY ANY PUBLIC OFFICER OR EMPLOYEE WHO SHALL: 1. OVERDO HIMSELF IN THE CORRECTION OR HANDLING OF A PRISONER OR DETENTION PRISONER UNDER HIS CHARGE BY: a. IMPOSING PUNISHMENT NOT AUTHORIZED BY REGULATIONS OR b. INFLICTING AUTHORIZED PUNISHMENT IN A CRUEL AND HUMILIATING MANNER. 2. MALTREAT A PRISONER TO EXTORT A CONFESSION OR TO OBTAIN SOME INFORMATION. ART. 236. ANTICIPATION OF DUTIES OF A PUBLIC OFFICE- COMMITTED BY ANY PERSON WHO SHALL ASSUME THE PERFORMANCE OF THE DUTIES AND POWERS OF ANY PUBLIC OFFICE OR EMPLOYMENT WITHOUT FIRST BEING SWORN IN OR HAVING GIVEN THE BOND REQUIRED BY LAW. ART. 237. PROLONGING PERFORMANCE OF DUTIES AND POWERS.- COMMITTED BY A PUBLIC OFFICER WHO SHALL CONTINUE TO EXERCISE THE DUTIES AND POWERS OF HIS OFFICE, EMPLOYMENT OR COMMISSION BEYOND THE PERIOD PROVIDED BY LAW OR REGULATIONS. ART. 238. ABANDONMENT OF OFFICE OR POSITION. - COMMITTED BY ANY PUBLIC OFFICER WHO, BEFORE, THE ACCEPTANCE OF HIS RESIGNATION, SHALL ABANDON HIS OFFICE TO THE DETRIMENT OF THE PUBLIC SERVICE. ART. 239. USURPATION OF LEGISLATIVE POWERS- COMMITTED BY A PUBLIC OFFICER WHO SHALL ENCROACH THE POWERS OF THE LEGISLATIVE BRANCH OF THE GOVERNMENT BY MAKING RULES AND REGULATIONS BEYOND THE SCOPE OF HIS AUTHORITY, OR BY ATTEMPTING TO REPEAL A LAW OR SUSPENDING ITS EXECUTION. ART. 240. USURPATION OF EXECUTIVE FUNCTIONS- COMMITTED BY ANY JUDGE WHO SHALL ASSUME ANY POWER PERTAINING TO THE EXECUTIVE AUTHORITIES, OR SHALL OBSTRUCT THE LATTER IN THE EXERCISE OF THEIR POWERS. ART. 241. USURPATION OF JUDICIAL FUNCTIONS- COMMITTED BY ANY OFFICERS OF THE EXECUTIVE BRANCH WHO SHALL ASSUME JUDICIAL POWERS OR SHALL OBSTRUCT THE EXECUTION OF ANY ORDER OR DECISION RENDERED B7Y ANY JUDGE WITHIN HIS JURISDICTION. ART. 242. DISOBEYING REQUEST FOR DISQUALIFICATION- COMMITTED BY ANY PUBLIC OFFICER, WHO BEFORE THE QUESTION OF JURISDICTION IS DECIDED, SHALL CONTINUE ANY PROCEEDING AFTER HAVING BEEN LAWFULLY REQUIRED TO REFRAIN FROM SO DOING. ART. 243. ORDERS OR REQUESTS BY EXECUTIVE OFFICERS UPON JUDICIAL AUTHORITY- COMMITTED BY ANY EXECUTIVE OFFICERS WHO SHALL ADDRESS ANY ORDER OR SUGGESTION TO ANY JUDICIAL AUTHORITY WITH RESPECT TO ANY CASE OR BUSINESS COMING WITHIN THE EXCLUSIVE JURISDICTION OF COURTS.

Compendium of Criminal Law and Jurisprudence (CLJ)

ART. 244. UNLAWFUL APPOINTMENTS- COMMITTED BY ANY PUBLIC OFFICER WHO SHALL KNOWINGLY NOMINATE OR APPOINT TO ANY PUBLIC OFFICE ANY PERSON LACKING THE LEGAL QUALIFICATIONS THEREFORE. ART. 245. ABUSES AGAINST CHASTITY (MGA PAGLAPASTANGAN SA KALINISAN NG BUDHI) COMMITTED BY: 1. PUBLIC OFFICER WHO SHALL SOLICIT OR MAKE IMMORAL OR INDECENT ADVANCES TO A WOMAN INTERESTED IN MATTERS PENDING BEFORE SUCH OFFICER FOR DECISION, OR WITH RESPECT TO WHICH HE IS REQUIRED TO SUBMIT A REPORT TO, OR CONSULT WITH A SUPERIOR OFFICER. 2. ANY WARDEN OR PUBLIC OFFICER CHARGED WITH THE CARE AND CUSTODY OF PRISONERS OR PERSONS UNDER ARREST WHO SHALL MAKE OR SOLICIT IMMORAL OR INDECENT ADVANCES TO A WOMAN UNDER HIS CUSTODY. TITLE 8 - CRIMES AGAINST PERSONS ART. 246. PARRICIDE. – ANY PERSON WHO SHALL KILL HIS FATHER, MOTHER OR CHILD, WHETHER LEGITIMATE OR ILLEGITIMATE, OR ANY OF HIS ASCENDANTS, OR DESCENDANTS, OR HIS SPOUSE, SHALL BE GUILTY OF PARRICIDE AND SHALL BE PUNISHED BY THE PENALTY OF RECLUSION PERPETUA TO DEATH. ELEMENTS OF PARRICIDE: 1. A PERSON IS KILLED; 2. ACCUSED KILLED THE DECEASED; 3. THE DECEASED IS THE LEGITIMATE OR ILLEGITIMATE FATHER, MOTHER OR CHILD, OR LEGITIMATE ASCENDANT OR LEGITIMATE DESCENDANT OR LEGITIMATE SPOUSE OF THE ACCUSED. ART. 247. DEATH OR PHYSICAL INJURIES INFLICTED UNDER EXCEPTIONAL CIRCUMSTANCES. - ANY LEGALLY MARRIED PERSON WHO, HAVING SURPRISED HIS SPOUSE IN THE ACT OF COMMITTING SEXUAL INTERCOURSE WITH ANOTHER PERSON, SHALL KILL ANY OF THEM OR BOTH OF THEM IN THE ACT OR IMMEDIATELY THEREAFTER, SHALL INFLICT UPON THEM ANY SERIOUS PHYSICAL INJURY SHALL SUFFER THE PENALTY OF DESTIERRO . 1. IF HE SHALL INFLICT UPON THEM PHYSICAL INJURIES OF ANY OTHER KIND HE SHALL BE EXEMPTED FROM PUNISHMENT. 2. THESE RULES SHALL BE APPLICABLE, UNDER THE SAME CIRCUMSTANCE, TO PARENTS, WITH RESPECT TO THEIR DAUGHTERS UNDER 18 YEARS OF AGE, AND THEIR SEDUCER, WHILE THE DAUGHTERS ARE LIVING WITH THEIR PARENTS. 3. ANY PERSON WHO SHALL PROMOTE OR FACILITATE THE PROSTITUTION OF HIS WIFE OR DAUGHTER, OR SHALL OTHERWISE HAVE CONSENTED TO THE INFIDELITY OF THE OTHER SPOUSE SHALL NOT BE ENTITLED TO THE BENEFITS OF THIS ARTICLE. ART. 248. MURDER (ASSASINATO) - ANY PERSON, WHO, NOT FALLING WITHIN THE PROVISIONS OF ARTICLE 246, SHALL KILL ANOTHER, SHALL BE GUILTY OF MURDER AND SHALL BE PUNISHED BY RECLUSION PERPETUA TO DEATH IF COMMITTED WITH ANY OF THE FOLLOWING ATTENDANT CIRCUMSTANCES. a. WITH TREACHERY b. TAKING ADVANTAGE OF SUPERIOR STRENGTH c. WITH THE AID OF ARMED MEN d. EMPLOYING MEANS TO WEAKEN DEFENSE e. EMPLOYING MEANS OR PERSONS TO INSURE OR AFFORD IMPUNITY f. IN CONSIDERATION OF PRICE REWARD OR PROMISE g. BY MEANS OF INUNDATION h. BY MEANS OF FIRE i. BY MEANS OF POISON j. BY MEANS OF EXPLOSION k. BY MEANS OF SHIPWRECK l. BY MEANS OF STRANDING OF A VESSEL m. BY MEANS OF DERAILMENT OR ASSAULT UPON A RAILROAD n. BY MEANS OF FALL OF AN AIRSHIP o. BY MEANS OF MOTOR VEHICLE p. BY THE USE OF OTHER MEANS INVOLVING GREAT WASTE AND RUIN q. ON THE OCCASION OF ANY OF THE CALAMITIES ENUMERATED IN LETTERS G -P. r. ON THE OCCASION OF AN EARTHQUAKE s. ON THE OCCASION OF ERUPTION OF VOLCANO t. ON THE OCCASION OF DESTRUCTIVE CYCLONE u. ON THE OCCASION OF EPIDEMIC v. ON THE OCCASION OF ANY OTHER PUBLIC CALAMITY w. WITH EVIDENT PREMEDITATION x. WITH CRUELTY (BY DELIBERATELY AND INHUMANLY AUGMENTING THE SUFFERING OF THE VICTIM) y. BY OUTRAGING OR SCOFFING AT THE PERSON OR CORPSE OF A PERSON. ELEMENTS OF MURDER: 1. A PERSON WAS KILLED; 2. THE ACCUSED KILLED THE DECEASED; 3. THE KILLING WAS ATTENDED BY ANY OF THE QUALIFYING CIRCUMSTANCE MENTIONED IN ARTICLE 248; THE KILLING IS NOT PARRICIDE, INFANTICIDE OR HOMICIDE. ART. 249. HOMICIDE- IS A CRIME COMMITTED BY ANY PERSON WHO SHALL KILL ANOTHER WITHOUT THE ATTENDANCE OF ANY OF THE CIRC UMSTANCES MENTIONED IN ARTICLE 248. HOMICIDE, DEFINED- THE UNLAWFUL KILLING OF ANOTHER BUT WHICH IS NOT PARRICIDE, MURDER OR INFANTICIDE. ELEMENTS OF HOMICIDE: 1. A PERSON WAS KILLED; 2. THE ACCUSED KILLED THE DECEASED;

Compendium of Criminal Law and Jurisprudence (CLJ)

3. 4. 5.

THE ACCUSED HAD THE INTENT TO KILL; THE KILLING WAS ATTENDED BY ANY OF THE QUALIFYING CIRCUMSTANCE MENTIONED IN ARTICLE 248. THE KILLING IS NOT INFANTICIDE OR PARRICIDE.

ACCIDENTAL HOMICIDE, DEFINED- THIS IS A HOMICIDE THAT RESULTS WHEN THE DEATH OF A PERSON IS BROUGHT ABOUT BY A LAWFUL ACT PE RFORMED WITH PROPER CARE AND SKILL AND ABSENCE OF CRIMINAL INTENT. ARTICLE 251. DEATH CAUSED IN A TUMULTUOUS AFFRAY.- (SEE THE ARTICLE)  HERE AT LEAST FOUR (4) PERSONS MUST TAKE PART IN THE AFFRAY.  THERE WOULD BE NO TUMULTUOUS AFFRAY IF THE QUARREL IS BETW EEN TWO WELLKNOWN GROUPS. ARTICLE 252. PHYSICAL INJURIES IN A TUMULTUOUS AFFRAY- (SEE THE ARTICLE) ARTICLE 253. GIVING ASSISTANCE TO SUICIDE- IS COMMITTED BY ANY PERSON WHO SHALL ASSIST ANOTHER TO COMMIT SUICIDE, OR LENDING HIS ASSISTANCE TO ANOTHER TO THE EXTENT OF DOING THE KILLING HIMSELF. ART. 254. (ILLEGAL) DISCHARGE OF FIREARM (PAGPAPAPUTOK G SANDATA) - IS COMMITTED BY ANY PERSON WHO SHALL SHOOT AT ANOTHER WITH ANY FIREARM. ELEMENTS OF DISCHARGE OF FIREARM: 1. A PERSON DISCHARGES A FIREARM AGAINST ANOTHER PERSON 2. THE OFFENDER HAS NO INTENT TO KILL THAT PERSON ART. 255. INFANTICIDE- IS THE KILLING OF A CHILD LESS THAN THREE (3) DAYS OLD. ELEMENTS OF INFANTICIDE: 1. A CHILD LESS THAN 3 DAYS OLD (72 HOURS OLD OR LESS) IS KILLED; 2. THE ACCUSED KILLED SAID CHILD. ART. 256. INTENTIONAL ABORTION - IS COMMITTED BY ANY PERSON WHO SHALL INTENTIONALLY CAUSE AN ABORTION BY: 1. USING VIOLENCE UPON THE PERSON OF THE PREGNANT WOMAN; OR 2. ACTING WITHOUT THE CONSENT OF THE WOMAN BUT WITHOUT USING VIOLENCE; 3. ACTING WITH THE CONSENT OF THE WOMAN ELEMENTS OF INTENTIONAL ABORTION: 1. VIOLENCE IS EXERTED, OR ANY DRUGS OR BEVERAGES BE ADMINISTERED OR THE ACCUSED ACTS UPON A PREGNANT WOMAN; 2. AS A RESULT THEREOF, THE FETUS DIES, IN THE WOMB OR AFTER HAVING BEEN EXPELLED THEREFROM; 3. THE ACT IS INTENDED. ART. 257. UNINTENTIONAL ABORTION- COMMITTED BY ANY PERSON WHO SHALL CAUSE AN ABORTION BY VIOLENCE, BUT UNINTENTIONALLY ELEMENTS OF UNINTENTIONAL ABORTION 1. THERE IS A PREGNANT WOMAN; 2. VIOLENCE IS USED AGAINST THE WOMAN BUT WITHOUT INTENDING AN ABORTION 3. THE VIOLENCE IS INTENTIONALLY EXERTED 4. FETUS DIED ART. 259. ABORTION PRACTICED BY WOMAN HERSELF OR BY HER PARENTS- THIS IS COMMITTED BY A WOMAN WHO SHALL PRACTICE AN ABORTION UPON HERSELF OR SHALL CONSENT THAT ANY OTHER PERSON SHOULD DO SO. ART. 260. ABORTION PRACTICED BY A PHYSICIAN OR MIDWIFE AND DISPENSING OF ABORTIVES. - IS COMMITTED BY A DOCTOR OR PHYSICIAN WHO SHALL CAUSE AN ABORTION OR ASSIST IN CAUSING THE SAME. ALSO A PHARMACIST WHO WITHOUT PROPER PRESCRIPTION FROM A PHYSICIAN SHALL DISPENSE ANY ABORTIVE. ART. 260. RESPONSIBILITY OF PARTICIPANTS IN A DUEL. DUEL - IS A COMBAT AGREED BETWEEN TWO PARTIES IN THE PRESENCE OF SECONDS WHO MAKES THE SELECTION OF ARMS. LIABILITIES IN A DUEL IF THE ADVERSARY IS KILLED RECLUSION TEMPORAL PHYSICAL INJURIES CONSULT ARTICLE 263 -266 NO PHYSICAL INJURIES WHATSOEVER WAS BOTH COMBATANTS SHALL SUFFER ARRESTO COMMITTED MAYOR LIABILITY OF SECONDS THEY ARE CONSIDERED AS ACCOMPLICES ART. 261. CHALLENGING TO A DUEL- COMMITTED BY ANY PERSON WHO SHALL CHALLENGE ANOTHER, OR INCITE ANOTHER TO GIVE OR ACCEPT A CHALLENGE TO A DUEL, OR SHALL SCOFF AT OR DECRY ANOTHER PUBLICLY FOR REFUSING TO ACCEPT A CHALLENGE TO FIGHT A DUEL. ART. 262. MUTILATION - COMMITTED BY ANY PERSON WHO SHALL INTENTIONALLY MUTILATE ANOTHER BY DEPRIVING HIM, EITHER TOTALLY OR PARTIALLY, OF SOME ESSENTIAL ORGAN OF REPRODUCTION. ANY OTHER INTENTIONAL MUTILATION IS ALSO PUNISHED (KNOWN AS MAYHEM) ART. 263. SERIOUS PHYSICAL INJURIES- COMMITTED BY ANY PERSON WHO SHALL WOUND, BEAT OR ASSAULT ANOTHER CAUSING THE OFFENDED PARTY TO BECOME: 1. INSANE, IMBECILE, IMPOTENT OR BLIND; Compendium of Criminal Law and Jurisprudence (CLJ)

2.

3. 4.

THE PERSON INJURED HAS LOST THE USE OF SPEECH, OR THE POWER TO HEAR OR SMELL, OR LOSSES AN EYE, A HAND, A FOOT, AN ARM, OR A LEG OR SHALL HAVE LOST THE USE OF SUCH MEMBER, OR SHALL HAVE BECOME INCAPACITATED FOR WORK WHICH HE WAS HABITUALLY ENGAGED. DEFORMED, LOST ANY PART OF HIS BODY, OR USE THEREOF, OR ILL OR INCAPACITATED FOR WORK HE WAS HABITUALLY ENGAGED FOR 90 DAYS; ILL OR INCAPACITATED FOR LABOR FOR MORE THAN 30 DAYS.

ART. 264. ADMINISTERING INJURIOUS SUBSTANCES OR BEVERAGES (PAGPAPAINOM NG MGANAKAPIPINSALANG MGA SUSTANSIYA O INUMIN) -COMMITTED BY ANY PERSON WHO WITHOUT INTENT TO KILL, SHALL INFLICT UPON ANOTHER ANY SERIOUS PHYSICAL INJURY, BY KNOWINGLY ADMINISTERING TO HIM ANY INJURIOUS SUBSTANCES OR BEVERAGES OR BY TAKING ADVANTAGE OF HIS WEAKNESS OF MIND OR CREDULITY. ELEMENTS OF ADMINISTERING INJURIOUS SUBSTANCES/BEVERAGES 1. OFFENDER INFLICTED ANY SERIOUS PHYSICAL INJURIES 2. BY KNOWINGLY ADMINISTERING ANY INJURIOUS SUBSTANCES OR BEVERAGES 3. ACCUSED HAD NO INTENT TO KILL. ART. 265. LESS SERIOUS PHYSICAL INJURIES- COMMITTED BY ANY PERSON WHO SHALL INFLICT INJURIES UPON ANOTHER WHICH SHALL INCAPACITATE THE OFFENDED PARTY FOR LABOR FOR 10 DAYS ORMORE, OR SHALL REQUIRE MEDICAL ATTENDANCE FOR THE SAME PERIOD. ART. 266. SLIGHT PHYSICAL INJURIES- COMMITTED BY ANY PERSON WHO SHALL INFLICT PHYSICAL INJURY UPON ANOTHER WHICH SHALL INCAPACITATE ANOTHER FOR LABOR FROM 1-9 DAYS OR SHALL REQUIRE MEDICAL ATTENDANCE FOR THE SAME PERIOD OR ANY INJURY WHICH DOES NOT PREVENT THE OFFENDED PARTY FROM ENGAGING IN HIS HABITUAL WORK NOR REQUIRE MEDICAL ATTENDANCE, OR SHALL ILL TREAT ANOTHER BY DEED WITHOUT CAUSING ANY INJURY (MALTREATMENT). ART. 266. RAPE - IS COMMITTED 1. BY A MAN WHO SHALL HAVE CARNAL KNOWLEDGE OF A WOMAN UNDER ANY OF THE FOLLOWING CIRCUMSTANCES: a. THROUGH FORCE OR INTIMIDATION; b. WOMAN IS DEPRIVED OF REASON OR UNCONSCIOUS; c. FRAUDULENT MACHINATION OR GRAVE ABUSE OF AUTHORITY; d. OFFENDED PARTY IS UNDER 12 OR IS DEMENTED 2. BY ANY PERSON WHO, UNDER ANY OF THE CIRCUMSTANCES MENTIONED IN PAR. 1 SHALL COMMIT AN ACT OF SEXUAL ASSAULT BY INSERTING HIS PENIS INTO ANOTHER PERSON’S MOUTH OR ANAL ORIFICE, OR ANY INSTRUMENT OR OBJECT, INTO THE GENITAL OR ANAL ORIFICE OF ANOTHER PERSON. ART. 266-C EFFECT OF PARDON -THE SUBSEQUENT VALID MARRIAGE BETWEEN THE PARTIES SHALL EXTINGUISH THE CRIMINAL ACTION OR THE PENALTY IMPOSED. THE FORGIVENESS BY THE WIFE SHALL EXTINGUISH THE CRIMINAL ACTION OR THE PENALTY. TITLE 9 - CRIMES AGAINST PERSONAL LIBERTY AND SECURITY ART. 267. KIDNAPPING AND SERIOUS ILLEGAL DETENTION- COMMITTED BY ANY PERSON WHO SHALL KIDNAP OR DETAIN ANOTHER, OR IN ANY OTHER MANNER SHALL DEPRIVE HIM OF HIS LIBERTY. ELEMENTS OF KIDNAPPING AND SERIOUS ILLEGAL DETENTION: 1. A PERSON KIDNAPS OR DETAINS ANOTHER, OR DEPRIVES ANOTHER OF LIBERTY; 2. THE OFFENDER MUST BE A PRIVATE INDIVIDUAL; 3. ANY OF THE FOLLOWING CIRCUMSTANCE MUST BE PRESENT: a. THE KIDNAPPING OR DETENTION MUST LAST FOR MORE THAN 3 DAYS; b. THE KIDNAPPING WAS DONE SIMULATING PUBLIC AUTHORITY; c. ANY SERIOUS PHYSICAL INJURIES ARE INFLICTED UPON THE PERSON KIDNAPPED OR THREATS TO KILL HIM ARE MADE. d. THE VICTIM IS A MINOR, FEMALE OR A PUBLIC OFFICER. ART. 268. SLIGHT ILLEGAL DETENTION- COMMITTED BY ANY PRIVATE INDIVIDUAL WHO SHALL COMMIT THE CRIMES DESCRIBED IN ART 267 WITHOUT THE ATTENDANCE OF ANY OF THE CIRCUMSTANCES THEREIN MENTIONED. ELEMENTS OF SLIGHT ILLEGAL DETENTION: 1. THE OFFENDER IS A PRIVATE INDIVIDUAL; 2. HE KIDNAPS OR DETAINS ANOTHER OR DEPRIVES THAT PERSON OF HIS LIBERTY; 3. THE ACT IS COMMITTED WITHOUT THE ATTENDANCE OF ANY OF THE CIRCUMSTANCES MENTIONED IN ARTICLE 267. ART. 269. UNLAWFUL ARREST- COMMITTED BY ANY PERSON WITHOUT BEING AUTHORIZED BY LAW, OR WITHOUT REASONABLE GROUND SHALL ARREST OR DETAIN ANOTHER FOR THE PURPOSE OF DELIVERING HIM TO THE PROPER AUTHORITIES. ELEMENTS OF UNLAWFUL ARREST 1. THE OFFENDER DETAINS ANOTHER 2. THE PURPOSE IS TO DELIVER HIM TO AUTHORITIES 3. IT IS NOT AUTHORIZED BY LAW OR THERE IS NO REASONABLE GROUND THEREFORE. ART. 270. KIDNAPPING AND FAILURE TO RETURN A MINOR- COMMITTED BY ANY PERSON WHO, BEING ENTRUSTED WITH THE CUSTODY OF A MINOR, SHALL DELIBERATELY FAIL TO RESTORE THE LATTER TO HIS PARENTS OR GUARDIANS. ART. 271. INDUCING A MINOR TO ABANDON HOME- COMMITTED BY ANYONE WHO SHALL INDUCE A MINOR TO ABANDON THE HOME OF HIS PARENTS OR GUARDIANS OR THE PERSONS ENTRUSTED WITH HIS CUSTODY.

Compendium of Criminal Law and Jurisprudence (CLJ)

ART. 272. SLAVERY (PANGAALIPIN)- COMMITTED BY ANYONE WHO SHALL PURCHASE, SELL, KIDNAP OR DETAIN A HUMAN BEING FOR THE PURPOSE OF ENSLAVING HIM. ART. 273. EXPLOITATION OF CHILD LABOR (PAGSASAMANTALA SA MGA BATANG MANGGAGAWA) COMMITTED BY ANYONE WHO UNDER THE PRETEXT OF REIMBURSING HIMSELF OF A DEBT INCURRED BY AN ASCENDANT, GUARDIAN, OR PERSON ENTRUSTED WITH THE CUSTODY OF A MINOR SHALL AGAINST THE LATTER WILL RETAIN HIM IN HIS SERVICE . ART. 274. SERVICES RENDERED UNDER COMPULSION IN PAYMENT OF DEBT.-COMMITTED BY ANY PERSON WHO, IN ORDER TO REQUIRE OR ENFORCE THE PAYMENT OF A DEBT, SHALL COMPEL THE DEBTOR TO WORK FOR HIM, AGAINST HIS WILL, AS HOUSEHOLD SERVANT OR FARM LABORER. ART. 275. ABANDONMENT OF PERSONS IN DANGER AND ABANDONMENT OF ONES OWN VICTIM COMMITTEE BY ANYONE WHO SHALL FAIL: 1. TO RENDER ASSISTANCE TO PERSON WHOM HE SHALL FIND IN AN UNINHABITED PLACE WOUNDED OR IN DANGER OF DYING 2. TO RENDER ASSISTANCE TO ANOTHER WHOM HE HAS ACCIDENTALLY WOUNDED OR INJURED 3. FAIL TO DELIVER AN ABANDONED CHILD UNDER 7 WHOM HE FOUND TO HIS PARENTS OR AUTHORITIES. ART. 276. ABANDONING A MINOR- COMMITTED BY ANYONE WHO SHALL ABANDON A CHILD UNDER 7 YEARS OF AGE, THE CUSTODY OF WHICH IS INCUMBENT UPO N HIM. ART. 277. INDIFFERENCE OF PARENTS- COMMITTED BY THE PARENTS WHO SHALL NEGLECT THEIR CHILDREN BY NOT GIVING THEM THE EDUCATION WHICH THEIR STATION IN LIFE REQUIRES AND FINANCIAL CONDITIONS PERMIT. ART. 278. EXPLOITATION OF MINORS ART 280. QUALIFIED TRESPASS TO DWELLING (KWALIPIKADONG PAGPASOK SA TAHANAN) COMMITTED BY PRIVATE INDIVIDUAL WHO SHALL ENTER THE DWELLING OF ANOTHER AGAINST THE LATTER’S WILL. ELEMENTS OF TRESPASS TO DWELLING: 1. THE OFFENDER IS A PRIVATE PERSON; 2. HE ENTERS THE DWELLING OF ANOTHER; 3. THE ENTRANCE IS AGAINST THE WILL OF THE LATTER. ENUMERATE THE ABSOLUTORY CAUSES IN ARTICLE 280: THERE IS NO PENALTY IF THE TRESPASS IS COMMITTED WHEN THE TRESPASSERS 1. ENTERED TO PREVENT SOME SERIOUS HARM TO HIMSELF, OR TO THE OCCUPANTS OF THE DWELLING OR THIRD PERSONS 2. ENTERED FOR THE PURPOSE OF RENDERING SOME SERVICE TO HUMANITY OR JUSTICE 3. ENTERED CAFES, TAVERNS, INN AND OTHER PUBLIC HOUSES, WHILE THE SAME ARE OPEN ART. 282. GRAVE THREATS (MALUBHANG PANANAKOT)- COMMITTED BY ANY PERSON WHO SHALL, THREATEN ANOTHER WITH THE INFLICTION UPON THE PERSON, HONOR, OR PROPERTY OF THE LATTER OR OF HIS FAMILY OF ANY WRONG AMOUNTING TO A CRIME. ELEMENTS OF GRAVE THREATS ONE (WHERE OFFENDER ATTAINED HIS PURPOSE): 1. THE OFFENDER THREATENS ANOTHER WITH THE INFLICTION UPON THE LATTER’S PERSON, HONOR OR PROPERTY, OR UPON HIS FAMILY OF ANY WRONG. 2. THE WRONG AMOUNTS TO A CRIME; 3. THERE IS DEMAND FOR MONEY OR THAT ANY OTHER CONDITION IS IMPOSED, EVEN THOUGH NOT UNLAWFUL; 4. THE OFFENDER ATTAINS HIS PURPOSE. ELEMENTS OF GRAVE THREATS TWO (THREATS NOT SUBJECT TO CONDITION) 1. THE OFFENDER THREATENS ANOTHER WITH THE INFLICTION UPON THE LATTER’S PERSON, HONOR, OR PROPERTY, OR UPON HIS FAMILY OF ANY WRONG; 2. SUCH WRONG AMOUNT TO A CRIME; 3. THE THREAT IS NOT SUBJECT TO A CONDITION. ART. 283. LIGHT THREATS- IS THREAT TO COMMIT A WRONG NOT CONSTITUTING A CRIME, A CRIME MADE IN THE MANNER EXPRESSED IN SUBDIVISION ONE OF ARTICLE 282. ELEMENTS OF LIGHT THREATS: 1. THE OFFENDER MAKES A THREAT TO COMMIT A WRONG; 2. THE WRONG DOES NOT CONSTITUTE A CRIME 3. A DEMAND FOR MONEY OR OTHER CONDITION IS IMPOSED EVEN THOUGH NOT UNLAWFUL; 4. THE OFFENDER HAS ATTAINED OR HAS NOT ATTAINED HIS PURPOSE. ART. 284. BOND FOR GOOD BEHAVIOR- THE PERSON MAKING THE THREATS MAY BE REQUIRED TO GIVE BAIL NOT TO MOLEST THE PERSON THREATENED, IF HE SHALL FAIL TO GIVE SUCH BAIL, HE SHALL BE SENTENCED TO DESTIERRO. ART. 285. OTHER LIGHT THREATS- COMMITTED BY ANY PERSON WHO SHALL: 1. THREATEN ANOTHER WITH A WEAPON, OR DRAW SUCH WEAPON IN A QUARREL UNLESS IT BE A LAWFUL SELF DEFENSE 2. ORALLY THREATEN ANOTHER WITH SOME HARM CONSTITUTING A CRIME, WHO BY SUBSEQUENT ACTS SHOWS THAT HE DID NOT PERSIST IN THE IDEA INVOLVED IN THE THREAT.

Compendium of Criminal Law and Jurisprudence (CLJ)

ART. 286. GRAVE COERCION (MALUBHANG PAMIMILIT)– COMMITTED BY ANY PERSON WHO WITHOUT AUTHORITY OF LAW SHALL BY MEANS OF VIOLENCE, THREATS OR INTIMIDATION, PREVENT ANOTHER FROM DOING SOMETHING NOT PROHIBITED BY LAW, OR COMPELS HIM TO DO SOMETHING AGAINST HIS WILL, WHETHER IT BE RIGHT OR WRONG. ELEMENTS OF GRAVE COERCION: 1. A PERSON IS PREVENTED FROM DOING SOMETHING NOT PROHIBITED BY LAW, OR THAT HE IS COMPELLED TO DO SOMETHING AGAINST HIS WILL WHETHER IT IS RIGHT OR WRONG; 2. THE PREVENTION OR COMPULSION IS EFFECTED BY VIOLENCE, THREATS OR INTIMIDATION; 3. THE OFFENDER DID THE ACT HAS NO AUTHORITY OF LAW OR HAD NO RI GHT TO DO SO. ART. 287. LIGHT COERCION- COMMITTED BY ANY PERSON WHO BY MEANS OF VIOLENCE, SHALL SEIZE ANYTHING BELONGING TO HIS DEBTOR FOR THE PURPOSE OF APPLYING THE SAME TO THE PAYMENT OF DEBT. ANY OTHER COERCION OR UNJUST VEXATION IS ALSO PUNISHED. ELEMENTS OF LIGHT COERCION: 1. THE OFFENDER SEIZES ANYTHING BELONGING TO HIS DEBTOR 2. THE OFFENDER MUST BE THE CREDITOR OF THE OFFENDED PARTY; 3. THE SEIZURE IS DONE BY MEANS OF VIOLENCE OR DISPLAY OF FORCE PRODUCING INTIMIDATION; 4. THE PURPOSE OF THE OFFENDER IN DOING THE ACT IS TO APPLY THE THING SEIZED TO THE PAYMENT OF DEBT OF THE DEBTOR. ART. 288. OTHER SIMILAR COERCIONS. (COMPULSORY PURCHASE OF MERCHANDISE AND PAYMENT OF WAGES BY TOKENS) COMMITTED BY ANYONE WHO SHALL COMPEL HIS EMPLOYEE OR LABORERS TO PURCHASE MERCHANDISE OR COMMODITIES OF ANY KIND. TITLE 10 - CRIMES AGAINST PROPERTY ROBBERY, (PAGNANAKAW) DEFINED- IS A CRIME COMMITTED BY ANY PERSON WHO, WITH INTENT TO GAIN, SHALL TAKE THE PERSONAL PROPERTY BELONGING TO ANOTHER, BY MEANS OF VIOLENCE AGAINST OR INTIMIDATION OF ANY PERSON, OR USING FORCE UPON ANYTHING. ASPORTATION - THE CARRYING AWAY OR THE FELONIOUS REMOVAL OF GOODS. ANIMUS LUCRANDI- IS INTENT TO GAIN OF THE ACCUSED ART. 294. ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS1. ROBBERY WITH HOMICIDE; ROBBERY WITH RAPE; ROBBERY WITH MUTILATION; ROBBERY WITH ARSON 2. ROBBERY WITH PHYSICAL INJURIES 3. SIMPLE ROBBERY ELEMENTS OF ROBBERY IN GENERAL: 1. THERE IS A PERSONAL PROPERTY; 2. THE PERSONAL PROPERTY MUST BELONG TO ANOTHER; 3. THE OFFENDER TOOK THE PROPERTY; 4. THE TAKING WAS DONE WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSON OR BY USING FORCE UPON THINGS; 5. THE TAKING MUST BE DONE WITH INTENT TO GAIN. ROBBERY VS. GRAVE THREATS 1. IN ROBBERY, THE INTIMIDATION IS ACTUAL OR IMMEDIATE, IN THREATS, INTIMIDATION IS CONDITIONAL OR FUTURE 2. IN ROBBERY, GAIN OF THE CULPRIT IS IMMEDIATE, IN THREATS, IT IS NOT IMMEDIATE. ROBBERY VS. GRAVE COERCION 1. IN BOTH, VIOLENCE IS USED BY THE OFFENDER 2. IN ROBBERY THERE IS INTENT TO GAIN, SUCH ELEMENT IS NOT FOUND IN COERCION ROBBERY VS. BRIBERY 1. IT IS ROBBERY WHEN THE VICTIM HAS NOT COMMITTED A CRIME AND THE VICTIM IS INTIMIDATED WITH ARREST TO GET HIS MONEY OR PROPERTY, IT IS BRIBERY WHEN THE VICTIM HAS COMMITTED A CRIME, AND HE GIVES MONEY TO AVOID ARREST. 2. IN ROBBERY, THE LOST OF MONEY IS NOT VOLUNTARY, IN BRIBERY THE MONEY IS LOST VOLUNTARILY. ART. 299 ROBBERY IN AN INHABITED HOUSE OR PUBLIC BUILDING OR EDIFICE DEVOTED TO WORSHIP (ROBBERY BY THE USE OF FORCE UPON THINGS) ART. 302. ROBBERY IN AN UNINHABITED PLACE OR IN A PRIVATE BUILDING. ART. 304. POSSESSION OF PICKLOCKS OR SIMILAR TOOLS- COMMITTED BY ANY PERSON WHO SHALL HAVE IN HIS POSSESSION OR SHALL MAKE PICKLOCKS OR SIMILAR TOOLS SPECIALLY ADOPTED TO THE COMMISSION OF THE CRIME OF ROBBERY ART. 306. BRIGANDS (TULISAN) - WHEN MORE THAN THREE ARMED PERSONS FORM A BAND OF ROBBERS FOR THE PURPOSE OF EXTORTION OR TO OBTAIN RANSOM OR FOR ANY OTHER PURPOSE TO BE ATTAINED BY MEANS OF FORCE AND VIOLENCE THEY SHALL BE DEEMED TO BE HIGHWAY ROBBERS OR BRIGANDS. ART. 308. THEFT (PANG-UUMIT) - COMMITTED BY ANY PERSON WHO WITH INTENT TO GAIN BUT WITHOUT VIOLENCE AGAINST, OR INTIMIDATION OF PERSONS NOR FORCE UPON THINGS, SHALL TAKE PERSONAL PROPERTY OF ANOTHER WITHOUT THE LATTER’S CONSENT. ELEMENTS OF THEFT: 1. THERE IS A TAKING OF PERSONAL PROPERTY;

Compendium of Criminal Law and Jurisprudence (CLJ)

2. THE PROPERTY BELONGS TO ANOTHER; 3. THE TAKING WAS DONE WITH INTENT TO GAIN; 4. THE TAKING IS NOT DONE WITH THE USE OF FORCE UPON THINGS, OR VIOLENCE AGAINST OR INTIMIDATION OF PERSONS. ART. 310. QUALIFIED THEFT.- THEFT IS QUALIFIED IF COMMITTED BY A DOMESTIC SERVANT, OR WITH GRAVE ABUSE OF CONFIDENCE, OR IF THE STOLEN PROPERTY IS MAIL MATTER OR COCONUT TAKEN FROM COCONUT PLANTATION, OR FISH TAKEN FROM FISHPOND OR FISHERY, OR IF PROPERTY IS TAKEN ON THE OCCASION OF FIRE, EARTHQUAKE, TYPHO ON, VOLCANIC ERUPTION, OR ANY OTHER CALAMITY OR CIVIL DISTURBANCE ART. 311. THEFT OF THE PROPERTY OF THE NATIONAL LIBRARY AND NATIONAL MUSEUM ART. 312. OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL RIGHTS IN PROPERTY .COMMITTED BY ANY PERSON WHO BY MEANS OF VIOLENCE AGAINST OR INTIMIDATION OF PERSONS, SHALL TAKE POSSESSION OF ANY REAL PROPERTY OR SHALL USURP ANY REAL RIGHTS IN PROPERTY BELONGING TO ANOTHER. ART. 313. ALTERING BOUNDARIES OR LANDMARKS- COMMITTED BY ANY PERSON WHO SHALL ALTER THE BOUNDARY MARKS OR MONUMENTS OF TOWNS, PROVINCES, OR ESTATES, OR ANY OTHER MARKS INTENDED TO DESIGNATE THE BOUNDARIES OF THE SAME ART. 314. FRAUDULENT INSOLVENCY- COMMITTED BY ANY PERSON WHO SHALL ABSCOND WITH HIS PROPERTY TO THE PREJUDICE OF HIS CREDITORS ELEMENTS OF FRAUDULENT INSOLVENCY: 1. THE OFFENDER IS A DEBTOR; 2. HE ABSCONDS WITH HIS PROPERTY TO THE PREJUDICE OF HIS CREDITOR. ART. 315. SWINDLING (ESTAFA) ELEMENTS OF ESTAFA IN GENERAL 1. THE ACCUSED DEFRAUDED ANOTHER BY MEANS OF DECEIT OR ABUSE OF CONFIDENCE; 2. DAMAGE OR PREJUDICE CAPABLE OF PECUNIARY ESTIMATION IS CAUSED TO THE OFFENDED PARTY OR THIRD PERSON. ESTAFA IS COMMITTED BY ANY PERSON WHO SHALL DEFRAUD ANOTHER BY ANY OF THE FOLLOWING MEANS: 1. WITH UNFAITHFULNESS OR ABUSE OF CONFIDENCE: a. BY ALTERING THE SUBSTANCE, QUANTITY, OR QUALITY OF ANYTHING OF VALUE WHICH THE OFFENDER SHALL DELIVER BY VIRTUE OF AN OBLIGATION TO DO SO, EVEN THOUGH SUCH OBLIGATION BE BASED ON AN IMMORAL OR ILLEGAL CONSIDERATION; b. BY MISAPPROPRIATING OR CONVERTING, TO THE PREJUDICE OF A NOTHER, MONEY, GOODS, OR OTHER PERSONAL PROPERTY, RECEIVED BY THE OFFENDER IN TRUST, OR ON COMMISSION, OR FOR ADMINISTRATION, OR UNDER ANY OTHER OBLIGATION INVOLVING THE DUTY TO MAKE DELIVERY OF, OR TO RETURN THE SAME, EVEN THOUGH SUCH OBLIGATION BE TOTALLY OR PARTIALLY GUARANTEED BY A BOND; OR BY DENYING HAVING RECEIVED SUCH MONEY, GOODS, OR OTHER PROPERTY; c. BY TAKING UNDUE ADVANTAGE OF THE SIGNATURE OF THE OFFENDED PARTY IN BLANK, AND BY WRITING ANY DOCUMENT ABOVE SUCH SIGNATURE IN BLANK, TO THE PREJUDICE OF THE OFFENDED PARTY OR ANY THIRD PERSON. 2. BY MEANS OF FALSE PRETENSE OR FRAUDULENT ACTS (BY MEANS OF DECEIT) a. BY USING FICTITIOUS NAMES, OR FALSELY PRETENDING TO POSSESS POWER, INFLUENCE, QUALIFICATIONS, PROPERTY, CREDIT, AGENCY, BUSINESS OR IMAGINARY TRANSACTIONS, OR BY MEANS OF SIMILAR DECEITS b. BY ALTERING THE QUALITY, FINENESS, OR WEIGHT OF ANYTHING PERTAINING TO HIS ART OR BUSINESS; c. BY PRETENDING TO HAVE BRIBED ANY GOVERNMENT EMPLOYEE. d. BY POSTDATING A CHECK, OR ISSUING A CHECK IN PAYMENT OF AN OBLIGATION WHEN THE OFFENDER HAD NO FUNDS IN THE BANK, OR HIS FUNDS DEPOSITED THEREIN WERE NOT SUFFICIENT TO COVER THE AMOUNT OF THE CHECK. THE FAILURE OF THE DRAWER OF THE CHECK TO DEPOSIT THE AMOUNT NECESSARY TO COVER HIS CHECK WITHIN 3 DAYS FROM RECEIPT OF THE NOTICE FROM THE BANK AND OR THE PAYEE/HOLDER THAT SAID CHECK HAS BEEN DISHONORED SHALL BE PRIMA FACIE EVIDENCE OF DECEIT CONSTITUTING FALSE PRETENSES OR FRAUDULENT ACT. e. BY OBTAINING ANY FOOD, REFRESHMENT OR ACCOMMODATION AT A HOTEL, INN, RESTAURANT, BOARDING HOUSE, LODGING HOUSE OR APARTMENT HOUSE AND THE LIKE WITHOUT PAYING THEREFORE, WITH INTENT TO DEFRAUD, OR BY OBTAINING CREDIT THEREIN BY THE USE OF FALSE PRETENSE, OR BY ABANDONING OR SURREPTITIOUSLY REMOVING ANY PART OF HIS BAGGAGE THEREIN AFTER OBTAINING CREDIT, REFRESHMENT, ACCOMMODATION THEREIN WITHOUT PAYING THEREFROM 3. THROUGH ANY OF THE FOLLOWING FRAUDULENT MEANS: (BY MEANS OF DECEIT) a. BY INDUCING ANOTHER THROUGH DECEIT, TO SIGN ANY DOCUMENT; b. BY RESORTING TO SOME FRAUDULENT PRACTICE TO INSURE SUCCESS IN A GAMBLING GAME; c. BY REMOVING, CONCEALING OR DESTROYING, ANY COURT RECORD, OFFICE FILES, DOCUMENT OR ANY OTHER PAPERS. ART. 316. OTHER FORMS OF SWINDLINGART. 317. SWINDLING A MINOR- COMMITTED BY ANY PERSON WHO SHALL TAKE ADVANTAGE OF THE INEXPERIENCE, OR EMOTIONS OR FEELINGS OF A MINOR TO HIS DETRIMENT ART. 318. OTHER DECEITS- COMMITTED BY ANY PERSON WHO FOR PROFIT OR GAIN, SHALL INTERPRET DREAMS, MAKE FORECASTS, TELL FORTUNES, OR TAKE ADVANTAGE OF THE CREDULITY OF THE PUBLIC

Compendium of Criminal Law and Jurisprudence (CLJ)

ART. 319. REMOVAL, SALE, OR PLEDGE OF MORTGAGED PROPERTY.-COMMITTED BY ANY PERSON WHO: 1. SHALL KNOWINGLY REMOVE ANY PERSONAL PROPERTY MORTGAGED UNDER THE CHATTEL MORTGAGE LAW TO ANY PROVINCE OR CITY OTHER THAN THE ONE IN WHICH IT WAS LOCATED AT THE TIME OF THE EXECUTION OF THE MORTGAGE, WITHOUT THE WRITTEN CONSENT OF THE MORTGAGEE OR HIS EXECUTORS OR ASSIGNS. 2.

BEING A MORTGAGOR SHALL PLEDGE OR SELL PERSONAL PROPERTY ALREADY PLEDGED, OR ANY PART THEREOF, UNDER THE TERMS OF THE CHATTEL MORTGAGE LAW, WITHOUT THE CONSENT OF THE MORTGAGEE WRITTEN ON THE BACK OF THE MORTGAGE AND NOTED ON THE RECORD THEREOF IN THE OFFICE OF THE REGISTER OF DEEDS OF THE PROVINCE WHERE SUCH PROPERTY IS LOCATED.

ART. 327. MALICIOUS MISCHIEF (SADYANG PAMIMINSALA) - COMMITTED BY ANY PERSON WHO SHALL DELIBERATELY CAUSE TO THE PROPERTY OF ANOTHER DAMAGE NOT FALLING WITHIN THE TERMS OF THE PRECEDING CHAPTER. ART. 316. OTHER FORMS OF SWINDLING: COMMITTED BY ANY PERSON WHO: 1. 2. 3. 4. 5.

PRETENDING TO BE THE OWNER OF ANY REAL PROPERTY, SHALL SELL, ENCUMBER, OR MORTGAGE IT; KNOWING THAT A REAL PROPERTY IS ENCUMBERED SHALL DISPOSE OF THE SAME, ALTHOUGH THE ENCUMBRANCE IS NOT RECORDED; THE OWNER OF A PERSONAL PROPERTY WHO SHALL WRONGFULLY TAKE IT FROM THE LAWFUL POSSESSOR, TO THE PREJUDICE OF THE LATTER OR ANY THIRD PERS ON; ANY PERSON TO THE PREJUDICE OF ANOTHER SHALL EXECUTE A FICTITIOUS CONTRACT; ANY PERSON WHO SHALL ACCEPT ANY COMPENSATION UNDER THE BELIEF THAT IT WAS IN PAYMENT OF SERVICES OR LABOR PERFORMED BY HIM, WHEN IN FACT, HE DID NOT ACTUALLY PERFORM SUCH SERVICES OR LABOR.

ART. 317. SWINDLING A MINOR- COMMITTED BY ANY PERSON WHO SHALL TAKE ADVANTAGE OF THE INEXPERIENCE AND EMOTIONS OF A MINOR BY INDUCING HIM TO ASSUME ANY OBLIGATION OR TO GIVE ANY RELEASE OR EXECUTE ANY TRANSFER OF ANY PROPERTY RIGHT IN CONSIDERATION OF SOME LOAN OF MONEY CREDIT, OR OTHER PERSONAL PROPERTY TO THE DETRIMENT OF THE MINOR. ART. 318. OTHER DECEITS- COMMITTED BY ANY PERSON WHO SHALL DEFRAUD OR DAMAGE ANOTHER BY ANY OTHER DECEIT NOT MENTIONED IN THE PRECEDING ARTICLE. IT IS ALSO COMMITTED BY ANY PERSON WHO FOR PROFIT OR GAIN SHALL INTERPRET DREAMS, MAKE FORECAST OR FORTUNES, OR TAKE ADVANTAGE OF THE CREDULITY OF THE PUBLIC IN ANY OTHER SIMILAR MANNER. ART. 320. DESTRUCTIVE ARSON- COMMITTED BY ANY PERSON WHO SHALL BURN: 1. ONE OR MORE BUILDING OR EDIFICES; 2. ANY BUILDING OF PRIVATE OR PUBLIC OWNERSHIP; 3. ANY TRAIN, SHIP OR VESSEL, AIRSHIP OR AIRPLANE; 4. ANY BUILDING, FACTORY, WAREHOUSE INSTALLATION WHICH ARE DEVOTED TO THE SERVICE OF PUBLIC UTILITIES; 5. ANY BUILDING THE BURNING OF WHICH IS FOR CONCEALING OR DESTROYING EVIDENCE OF ANOTHER VIOLATION OF LAW, OR CONCEALING BANKRUPTCY OR DEFRAUDING CREDITORS OR TO COLLECT FROM INSURANCE. 6. ANY ARSENAL, SHIPYARD, MILITARY POWDER OR FIREWORKS FACTORY OR MUSEUM OF THE GOVERNMENT; 7. IN AN INHABITED PLACE, ANY STOREHOUSE OR FACTORY OF INFLAMMABLE OR EXPLOSIVE MATERIALS. SEC. 2- DESTRUCTIVE ARSONSPECIAL 1. 2. 3. 4. 5.

AGGRAVATING CIRCUMSTANCE IN ARSON: IF COMMITTED WITH INTENT TO GAIN IF COMMITTED FOR THE BENEFIT OF ANOTHER; IF THE OFFENDER IS MOTIVATED BY SPITE OR HATRED TOWARDS THE OWNER OR THE OCCUPANT; IF COMMITTED BY A SYNDICATE THERE IS NO CRIME OF ARSON WITH HOMICIDE/MURDER. SECTION 5 PD 1613 SAYS, “IF BY REASON OR ON THE OCCASION OF ARSON DEATH RESULTS THE PENALTY IS RECLUSION PERPETUA TO DEATH.”

ELEMENTS OF MALICIOUS MISCHIEF: 1. THE OFFENDER CAUSED DAMAGE TO THE PROPERTY OF THE OFFENDED PARTY; 2. IT WAS DONE DELIBERATELY; 3. SUCH ACT DOES NOT CONSTITUTE ARSON OR OTHER CRIMES INVOLVING DESTRUCTION; 4. THE ACT WAS COMMITTED MERELY FOR THE SAKE OF DAMAGING THE PROPE RTY. ART. 328. SPECIAL CASES OF MALICIOUS MISCHIEF (QUALIFIED MALICIOUS MISCHIEF) SPECIAL 1. 2. 3. 4.

CASES OF MALICIOUS MISCHIEF INCLUDE: CAUSING DAMAGE TO OBSTRUCT THE PERFORMANCE OF PUBLIC FUNCTIONS; USING ANY POISONOUS OR CORROSIVE SUBSTANCES; SPREADING INFECTION OR CONTAGION AMONG CATTLE; CAUSING DAMAGE TO THE PROPERTY OF THE NATIONAL MUSEUM OR LIBRARY, OR TO ANY ROAD, PROMENADE OR ANY OTHER THING USED IN COMMON BY THE PUBLIC

ART. 330. DAMAGE AND OBSTRUCTION TO MEANS OF COMMUNICATION- COMMITTED BY ANY PERSON WHO SHALL DAMAGE ANY RAILWAY, TELEGRAPH OR TELEPHONE LINES.

Compendium of Criminal Law and Jurisprudence (CLJ)

ART. 331. DESTROYING OR DAMAGING STATUES, PUBLIC MONUMENTS, OR PAINTINGS ART. 332. PERSONS EXEMPT FROM CRIMINAL LIABILITY. 1. 2. 3.

SPOUSES, ASCENDANTS AND DESCENDANTS, OR RELATIVES BY AFFINITY IN THE SAME LINE; THE WIDOWED SPOUSE WITH RESPECT TO THE PROPERTY WHICH BELONGED TO THE DECEASED SPOUSE BEFORE IT PASSED TO THE POSSESSION OF ANOTHER; BROTHERS AND SISTERS AND BROTHERS IN LAW AND SISTERS IN LAW, IF LIVING TOGETHER.

CRIMES INVOLVED IN THE EXEMPTION ARE: 1. THEFT 2. SWINDLING OR ESTAFA 3. MALICIOUS MISCHIEF TITLE XI - CRIMES AGAINST CHASTITY ART. 333. ADULTERY- COMMITTED BY ANY MARRIED WOMAN WHO SHALL HAVE SEXUAL INTERCOURSE WITH A MAN NOT HER HUSBAND AND BY THE MAN WHO HAS CARNAL KNOWLEDGE OF HER, KNOWING HER TO BE MARRIED. ELEMENTS OF ADULTERY: 1. THE OFFENDER IS A MARRIED WOMAN; 2. SHE HAS SEXUAL INTERCOURSE WITH A MAN NOT HER HUSBAND; 3. AS TO THE MAN WHOM SHE HAD SEXUAL INTERCOURSE WITH, HE MUST KNOW HER TO BE MARRIED. ART. 334. CONCUBINAGE (PAMBABAE)-COMMITTED BY A HUSBAND WHO SHALL KEEP A MISTRESS IN THE CONJUGAL DWELLING, OR, SHALL HAVE SEXUAL INTERCOURSE UNDER SCANDALOUS CIRCUMSTANCES WITH A WOMAN NOT HIS WIFE, OR SHALL COHABIT WITH HER IN ANY OTHER PLACE. ELEMENTS OF CONCUBINAGE: 1. THE OFFENDER (MAN) MUST BE MARRIED; 2. HE COMMITTED ANY OF THE FOLLOWING: a. KEEPING A MISTRESS IN THE CONJUGAL DWELLING. b. HAVING SEXUAL INTERCOURSE UNDER SCANDALOUS CIRCUMSTANCES WITH A WOMAN NOT HIS WIFE. c. COHABITING WITH HER IN ANY OTHER PLACE. 3. AS REGARDS THE WOMAN OFFENDER (CONCUBINE) SHE MUST KNOW HIM TO BE MARRIED. ART. 336. ACTS OF LASCIVIOUSNESS (MGA AKTANG MALALASWA) - COMMITTED BY ANY PERSON WHO SHALL COMMIT ANY ACT OF LASCIVIOUSNESS UPON OTHER PERSONS OF EITHER SEX, UNDER THE CIRCUMSTANCES MENTIONED IN THE CRIME OF RAPE. ELEMENTS OF ACTS OF LASCIVIOUSNESS: 1. THE OFFENDER IS EITHER SEX WHO COMMITS ANY ACT OF LASCIVIOUSNESS OR LEWDNESS 2. IT IS DONE UNDER ANY OF THE FOLLOWING CIRCUMSTANCES: a. USING FORCE OR INTIMIDATION; b. WHEN THE OFFENDED PARTY IS DEPRIVED OF REASON OR OTHERWISE UNCONSCIOUS; c. WHEN THE OFFENDED PARTY IS A PERSON OF EITHER SEX ART. 337. QUALIFIED SEDUCTION (KWALIPIKADONG PANGHIHIBO)-COMMITTED BY ANY PERSON IN PUBLIC AUTHORITY, OR PRIEST, HOME SERVANT, DOMESTIC GUARDIAN, TEACHER, OR ANY PERSON WHO, IN ANY CAPACITY, SHALL BE ENTRUSTED WITH THE EDUCATION OR CUSTODY OF A VIRGIN OVER 12 BUT UNDER 18 YEARS OF AGE WHO SHALL HAVE CARNAL KNOWLEDGE WITH HER. IT MAY ALSO BE COMMITTED BY A BROTHER OR AN ASCENDANT, WHETHER OR NOT THE WOMAN IS A VIRGIN OR OVER 18 YEARS OLD. SEDUCTION - IT IS ENTICING A WOMAN TO UNLAWFUL SEXUAL INTERCOURSE BY PROMISE OF MARRIAGE OR OTHER MEANS OF USE OR PERSUASION. ELEMENTS OF QUALIFIED SEDUCTION: 1. THE WOMAN IS A VIRGIN 2. SHE IS 12-18 YEARS OF AGE 3. THE OFFENDER HAD SEX WITH HER 4. THERE IS ABUSE OF AUTHORITY, RELATIONSHIP OR CONFIDENCE. ART. 338. SIMPLE SEDUCTION (PAYAK NA PANGHIHIBO)-COMMITTED BY SEDUCING A WOMAN WHO IS SINGLE OR A WIDOW OF GOOD REPUTATION, OVER 12 BUT UNDER 18 YEARS OLD, COMMITTED BY MEANS OF DECEIT. ELEMENTS OF SIMPLE SEDUCTION 1. OFFENDED PARTY IS UNDER 12-18 YEARS OF AGE 2. SHE IS OF GOOD REPUTATION, SINGLE, WIDOW 3. OFFENDER HAD SEXUAL INTERCOURSE WITH THE OFFENDED WOMAN 4. THERE IS DECEIT ART. 339. ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE OFFENDED PARTY- COMMITTED BY THE SAME PERSONS AND UNDER THE SAME CIRCUMSTANCES AS THOSE PROVIDED IN ARTICLE 337 AND 338.

Compendium of Criminal Law and Jurisprudence (CLJ)

ELEMENTS OF ACTS OF LASCIVIOUSNESS WITH CONSENT OF OFFENDED PARTY 1. THE OFFENDER COMMITS ACTS OF LEWDNESS 2. THE VICTIM IS A WOMAN WHO IS: a. VIRGIN b. SINGLE OR WIDOW c. OF GOOD REPUTATION d. 12-18 YEARS OF AGE 3. THE OFFENDER USED ABUSE OF AUTHORITY, CONFIDENCE, RELATIONSHIP, OR DECEIT. ART. 340. CORRUPTION OF MINORS- COMMITTED BY ANY PERSON WHO SHALL PROMOTE OR FACILITATE THE PROSTITUTION OR CORRUPTION OF PERSONS UNDER AGE TO SATISFY THE LUST OF ANOTHER. ART. 341. WHITE SLAVE TRADE (PAGBILI NG LAMAN)- COMMITTED BY ANY PERSON WHO, IN ANY MANNER, OR UNDER ANY PRETEXT, SHALL ENGAGE IN THE BUSINESS OR SHALL PROFIT BY PROSTITUTION OR SHALL ENLIST THE SERVICES OF ANY OTHER FOR THE PURPOSE OF PROSTITUTION. ART. 342. FORCIBLE ABDUCTION (PAGPILIT NA PAG-AGAW SA BABAE)- THE ABDUCTION OF ANY WOMAN AGAINST HER WILL AND WITH LEWD DESIGNS. ABDUCTION - TAKING AWAY OF A WOMAN FOR THE PURPOSE OF MARRYING OR CORRUPTING HER. ELEMENTS OF FORCIBLE ABDUCTION 1. THE VICTIM IS ANY WOMAN OF ANY AGE OR CIVIL STATUS OR REPUTATION 2. THE ABDUCTION IS AGAINST HER WILL 3. THE ABDUCTION IS WITH LEWD DESIGN ART. 343. CONSENTED ABDUCTION (SINANGAYUNANG PAG-AGAW SA BABAE) - THE ABDUCTION OF A VIRGIN OVER 12 AND UNDER 18 YEARS OF AGE, CARRIE D OUT WITH HER CONSENT AND WITH LEWD DESIGN. ELEMENTS OF CONSENTED ABDUCTION: 1. THE OFFENDED PARTY MUST BE A VIRGIN. 2. SHE MUST BE OVER 12 AND UNDER 18 YEARS OF AGE; 3. HER TAKING AWAY MUST BE WITH HER CONSENT, NORMALLY AFTER SOLICITATION OR CAJOLERY FROM THE ACCUSED. 4. THE TAKING AWAY OF THE WOMAN MUST BE WITH LEWD DESIGN. ART. 344. PROSECUTION OF THE CRIMES OF ADULTERY, CONCUBINAGE, SEDUCTION, ABDUCTION, RAPE AND ACTS OF LASCIVIOUSNESS SUMMARY OF THE RULES IN ARTICLE 344: 1. BOTH OF THE OFFENDERS MUST BE INCLUDED IN THE PROSECUTION IF BOTH ARE ALIVE. 2. PRIVATE CRIMES SUCH AS SEDUCTION, ABDUCTION, ACTS OF LASCIVIOUSNESS, SHALL NOT BE PROSECUTED EXCEPT UPON COMPLAINT OF THE FOLLOWING IN THE ORDER: a. OFFENDED PARTY; b. HER PARENTS; c. GRANDPARENTS d. GUARDIAN (NOTE: EFFECT OF PARDON) 3. MARRIAGE IN CASES OF SEDUCTION, ABDUCTION AND ACTS OF LASCIVIOUSNESS SHALL EXTINGUISH THE CRIMINAL ACTION OR REMIT THE PENALTY. IT SHALL BE APPLICABLE TO CO PRINCIPALS, ACCOMPLICES, AND ACCESSORIES AFTER THE FACT. ART. 345. CIVIL LIABILITY OF PERSONS GUILTY OF RAPE, SEDUCTION OR ABDUCTION: a. TO INDEMNIFY THE OFFENDED WOMAN b. TO ACKNOWLEDGE THE OFFSPRING, UNLESS THE LAW SHOULD PREVENT HIM FROM SO DOING c. IN EVERY CASE TO SUPPORT THE OFFSPRING TITLE 12 - CRIMES AGAINST THE CIVIL STATUS OF PERSONS ART. 347. SIMULATION OF BIRTHS, SUBSTITUTION OF ONE CHILD FOR ANOTHER, AND CONCEALMENT OR ABANDONMENT OF A LEGITIMATE CHILD (PAGPAPANGGAP SA PAGKAPANGANAK, ANG PAGPAPALIT NG ISANG BATA NG IBA AT PAGTATAGO O PAG-ABANDONA SA ISANG LEHITIMONG BATA. ART. 348. USURPATION OF CIVIL STATUS (PAG-ANGKIN NG ESTADO SIBIL) - COMMITTED BY ANY PERSON WHO SHALL USURP THE CIVIL STATUS OF ANOTHER. ART. 349. BIGAMY- COMMITTED BY ANY PERSON WHO SHALL CONTRACT A SECOND OR SUBSEQUENT MARRIAGE BEFORE THE FORMER MARRIAGE HAS BEEN LEGALLY DISSOLVED, OR BEFORE THE ABSENT SPOUSE HAS BEEN DECLARED PRESUMPTIVELY DEAD. ELEMENTS OF BIGAMY: 1. THE OFFENDER IS LEGALLY MARRIED TO ANOTHER; 2. THE MARRIAGE HAS NOT BEEN LEGALLY DISSOLVED, IN CASE THE OTHER SPOUSE IS ABSENT, THE ABSENTEE COULD NOT BE PRESUMED DEAD YET AND THERE IS NO JUDICIAL DECLARATION TO THAT EFFECT YET; 3. THE OFFENDER CONTRACTS A SECOND OR SUBSEQUENT MARRIAGE; 4. THE SECOND OR SUBSEQUENT MARRIAGE MUST HAVE ALL THE ESSENTIAL REQUISITES FOR VALIDITY. ART. 350. MARRIAGE CONTRACTED AGAINST PROVISIONS OF LAW.-COMMITTED BY ANY PERSON WHO SHALL CONTRACT MARRIAGE KNOWING THAT THE REQUIREMENTS OF THE LAW HAVE NOT BEEN COMPLIED WITH OR THAT THE MARRIAGE IS IN DISREGARD OF LEGAL IMPEDIMENT.

Compendium of Criminal Law and Jurisprudence (CLJ)

ELEMENTS OF MARRIAGE CONTRACTED AGAINST PROVISIONS OF THE LAW: 1. THE OFFENDER CONTRACTED A MARRIAGE; 2. AT THE TIME OF THE MARRIAGE HE KNEW THAT THE REQUIREMENTS OF THE LAW WERE NOT COMPLIED WITH OR THE MARRIAGE WAS IN DISREGARD OF A LEGAL IMPEDIMENT. ART. 351. PREMATURE MARRIAGE (PAGPAPAKASAL NG DI PA PANAHON)- COMMITTED BY ANY WIDOW WHO SHALL MARRY WITHIN 301 DAYS FROM THE DATE OF THE DEATH OF HER HUSBAND, OR BEFORE HAVING DELIVERED IF SHE SHALL HAVE BEEN PREGNANT AT THE TIME OF HIS DEATH. IT IS ALSO COMMITTED BY A WOMAN WHOSE MARRIAGE HAS BEEN ANNULLED OR DISSOLVED, IF SHE SHALL MARRY BEFORE HER DELIVERY OR BEFORE THE EXPIRATION OF 301 DAYS AFTER THE LEGAL SEPARATION

TITLE 13 - CRIMES AGAINST HONOR LIBEL IS A PUBLIC AND MALICIOUS IMPUTATION OF A CRIME, OR OF A VICE OR DEFECT, REAL OR IMAGINARY, OR ANY ACT, OMISSION, CONDITION, STATUS, OR CIRCUMSTANCE TENDING TO CAUSE THE DISHONOR, DISCREDIT, OR CONTEMPT OF A NATURAL OR JURIDICAL PERSON, OR TO BLACKEN THE MEMORY OF ONE WHO IS DEAD ELEMENTS OF LIBEL (DEFAMATION) 1. THERE IS AN IMPUTATION OF A CRIME, A VICE, DEFECT, REAL OR IMAGINARY, OR ANY ACT, OMISSION, CIRCUMSTANCE, STATUS OR CONDITION; FOR IMPUTATION TO BE LIBELOUS, THE FOLLOWING ARE THE REQUISITES: A. IT MUST BE DEFAMATORY; B. IT MUST BE MALICIOUS; C. IT MUST HAVE BEEN GIVEN PUBLICITY D. THE VICTIM MUST BE IDENTIFIABLE. THE IMPUTATION IS DONE PUBLICLY; 1. IT MUST BE MALICIOUS; 2. THE IMPUTATION IS DIRECTED AGAINST A NATURAL OR JURIDICAL PERSON, OR ONE WHO IS DEAD; 3. THE IMPUTATION TENDS TO CAUSE THE DISHONOR, DISCREDIT OR CONTEMPT OF THE PERSON DEFAMED. ART. 358. SLANDER (PAGMUMURA) - ORAL DEFAMATION TWO KINDS OF ORAL DEFAMATION: 1. SIMPLE SLANDER OR ORAL DEFAMATION; 2. GRAVE SLANDER OR GRAVE ORAL DEFAMATION. ART. 359. SLANDER BY DEED (PANINIRANG PURING KILOS)- COMMITTED BY ANY PERSON WHO SHALL PERFORM ANY ACT NOT INCLUDED IN TITLE 13, WHICH SHALL CAST DISHONOR, DISCREDIT, OR CONTEMPT UPON ANOTHER PERSON ELEMENTS OF SLANDER BY DEED: 1. THE OFFENDED PERFORMED ANY ACT NOT INCLUDED IN ANY OTHER CRIME AGAINST HONOR; 2. THE ACT IS PERFORMED IN THE PRESENCE OF OTHER PERSON/S; 3. THE ACT CASTS DISHONOR, DISCREDIT OR CONTEMPT UPON THE OFFENDED PARTY. ART. 360. PERSONS RESPONSIBLE (VENUE) ART. 361. PROOF OF TRUTH- IN PROSECUTIONS FOR LIBEL PROOF OF TRUTH MAY BE GIVEN IN EVIDENCE AND IF IT APPEARS THAT THE MATTER CHARGED AS LIBELOUS IS TRUE AND THAT IT WAS PUBLISHED WITH GOOD MOTIVES AND FOR JUSTIFIABLE ENDS, THE DEFENDANT SHALL BE ACQUITTED. PROOF OF THE TRUTH OF AN IMPUTATION OF AN ACT OR OMISSION NOT CONSTITUTING A CRIME SHALL NOT BE ADMITTED, UNLESS THE IMPUTATION SHALL BE MADE AGAINST THE GOVERNMENT EMPLOYEE WITH RESPECT TO FACTS RELATED TO THE DISCHARGE OF THEIR DUTIES. ART. 363. INCRIMINATING INNOCENT PERSON (PAGPAPARATANG NG KRIMEN SA MGA WALANGKASALANANG TAO)- COMMITTED BY ANY PERSON WHO BY ANY ACT NOT CONSTITUTING PERJURY, SHALL DIRECTLY INCRIMINATE OR IMPUTE TO AN INNOCENT PERSON THE COMMISSION OF A CRIME ART. 364. INTRIGUING AGAINST HONOR (PANUNUDYO LABAN SA KARANGALAN) - COMMITTED BY ANY PERSON WHO SHALL CAST INTRIGUE WHICH HAS FOR ITS PRINCIPAL PURPOSE TO BLEMISH THE HONOR OR REPUTATION OF A PERSON. TITLE 14 - QUASI OFFENSES ART. 365. IMPRUDENCE AND NEGLIGENCE. RECKLESS IMPRUDENCE, DEFINED- CONSISTS IN VOLUNTARILY, BUT WITHOUT MALICE, DOING OR FAILING TO DO AN ACT FROM WHICH MATERIAL DAMAGE RESULTS BY REASON OF INEXCUSABLE LACK OF PRECAUTION OF THE PERSON PERFORMING OR FAILING TO PERFORM SUCH ACT, TAKING INTO CONSIDERATION HIS EMPLOYMENT OR OCCUPATION, DEGREE OF INTELLIGENCE, PHYSICAL CONDITION AND OTHER CIRCUMSTANCES REGARDING PERSONS, TIME AND PLACE. ART. 366. APPLICATION OF LAWS ENACTED PRIOR TO THIS CODE. ART. 367. REPEALING CLAUSE

Compendium of Criminal Law and Jurisprudence (CLJ)

REVISED RULES ON EVIDENCE SECTION 1.EVIDENCE — EVIDENCE IS THE MEANS, SANCTIONED BY THESE RULES, OF ASCERTAINING IN A JUDICIAL PROCEEDING THE TRUTH RESPECTING A MATTER OF FACT. MAIN SOURCE OF THE LAW ON EVIDENCE:  RULES OF COURT RULES 128-133 (134)  PROOF, DEFINED- THE RESULT OR THE EFFECT OF EVIDENCE.  FACTUM PROBANDUM- THE ULTIMATE FACT OR THE FACT SOUGHT TO BE ESTABLISHED. IT IS THE FACT TO BE PROVED.  FACTUM PROBANS- FACTUM PROBANS IS THE EVIDENTIARY FACT OR THE FACT BY WHICH THE FACTUM PROBANS IS TO BE ESTABLISHED CLASSIFICATION OF EVIDENCE 1. OBJECT OR REAL OR AUTOPTIC EVIDENCE OR PHYSICAL EVIDENCE OR TANGIBLE EVIDENCE- THAT WHICH IS DIRECTLY ADDRESSED TO THE SENSES OF THE COURT AND CONSISTS OF TANGIBLE THINGS EXHIBITED IN COURT. 2. TESTIMONIAL EVIDENCE- THAT WHICH IS SUBMITTED TO THE COURT THROUGH THE TESTIMONY OR DEPOSITION OF A WITNESS. IT IS THAT WHICH DIRECTLY COMES OUT OF THE WITNESS’S MOUTH, ORAL OR WRITTEN, SUCH AS DEPOSITIONS AND AFFIDAVITS. 3. RELEVANT EVIDENCE- EVIDENCE HAVING ANY VALUE IN REASON AS TENDING TO PROVE ANY MATTER PROVABLE IN AN ACTION. 4. MATERIAL EVIDENCE- EVIDENCE DIRECTED TO PROVE A FACT IN ISSUE AS DETERMINED BY THE RULES OF SUBSTANTIVE LAW AND PLEADING. 5. COMPETENT EVIDENCE- EVIDENCE THAT IS NOT EXCLUDED BY THE RULES, STATUTE OR THE CONSTITUTION. 6. DIRECT EVIDENCE- THAT WHICH PROVES THE FACT IN DISPUTE WITHOUT THE AID OF ANY INFERENCE OR PRESUMPTION. 7. CIRCUMSTANTIAL EVIDENCE- THE PROOF OF FACT OR FACTS FROM WHICH, TAKEN EITHER SINGLY OR COLLECTIVELY, THE EXISTENCE OF THE PARTICULAR FACT IN DISPUTE MAY BE INFERRED AS A NECESSARY OR PROVABLE CONSEQUENCE. 8. CUMULATIVE EVIDENCE- EVIDENCE OF THE SAME KIND AND TO THE SAME STATE OF FACTS. 9. CORROBORATIVE EVIDENCE- ADDITIONAL EVIDENCE OF A DIFFERENT CHARACTER TO THE SAME POINT. 10. EXPERT EVIDENCE- THE TESTIMONY OF ONE POSSESSING IN REGARD TO A PARTICULAR SUBJECT OR DEPARTMENT OF HUMAN ACTIVITY, KNOWLEDGE NOT USUALLY ACQUIRED BY OTHER PERSONS. 11. PRIMA FACIE EVIDENCE- THAT WHICH STANDING ALONE, UNEXPLAINED OR UNCONTRADICTED, IS SUFFICIENT TO MAINTAIN THE PROPOSITION AFFIRMED. 12. PRIMARY EVIDENCE- THAT WHICH THE LAW REGARDS AS AFFORDING THE GREATEST CERTAINTY OF THE FACT IN QUESTION 13. SECONDARY EVIDENCE OR SUBSTITUTIONARY EVIDENCE- THAT WHICH IS INFERIOR TO THE PRIMARY EVIDENCE AND IS PERMITTED ONLY WHEN THE BEST EVIDENCE IS NOT AVAILABLE. 14. POSITIVE EVIDENCE- WHEN A WITNESS AFFIRMS THAT A FACT DID OR DID NOT OCCUR. 15. NEGATIVE EVIDENCE- WHEN A WITNESS STATES HE DID NOT SEE OR KNOW OF THE OCCURRENCE OF A FACT. 16. DOCUMENTARY EVIDENCE- IT CONSISTS OF WRITINGS OR ANY MATERIAL CONTAINING LETTERS, WORDS, NUMBERS, FIGURES, SYMBOLS OR OTHER MODES OF WRITTEN EXPRESSIONS OFFERED AS PROOF OF THEIR CONTENTS. 17. ELECTRONIC EVIDENCE- DOCUMENT OR INFORMATION RECEIVED, RECORDED, TRANSMITTED, STORED, PROCESSED OR PRODUCED ELECTRONICALLY. 18. FORGOTTEN EVIDENCE- EVIDENCE WHICH WAS NOT PRESENTED IN COURT BECAUSE OF OVERSIGHT OR FORGETFULNESS OF A PARTY OR COUNSEL. 19. EXCULPATORY EVIDENCE- THAT EVIDENCE WHICH WILL EXCUSE A PERSON FROM AN ALLEGED FAULT OR CRIME. 20. EVIDENCE ALIUNDE OR EXTRANEOUS EVIDENCE- EVIDENCE FROM OUTSIDE OR ANOTHER SOURCE. 21. INCULPATORY EVIDENCE- IS EVIDENCE WHICH HAS THE TENDENCY TO IMPLICATE OR INCRIMINATE A PERSON. 22. SELF-SERVING EVIDENCE- ONE MADE BY THE PARTY TO FAVOR HIS OWN INTEREST. IT IS ONE MADE BY A PARTY OUT OF COURT. 23. OPINION EVIDENCE – EVIDENCE GIVEN BY AN ORDINARY PERSON REGARDING OF WHAT HE THINKS. 24. REBUTTAL EVIDENCE- EVIDENCE THAT WILL CONTRADICT THE OTHER PARTY’S EVIDENCE SEC. 2.SCOPE. — THE RULES OF EVIDENCE SHALL BE THE SAME IN ALL COURTS AND IN ALL TRIALS AND HEARINGS, EXCEPT AS OTHERWISE PROVIDED BY LAW OR THESE RULES. SEC. 3.ADMISSIBILITY OF EVIDENCE. — EVIDENCE IS ADMISSIBLE WHEN:  IT IS RELEVANT TO THE ISSUE AND  IS NOT EXCLUDED BY THE LAW OR THE RULES OF COURT. KINDS OF ADMISSIBILITY OF EVIDENCE 1. CONDITIONAL ADMISSIBILITY OF EVIDENCE- EVIDENCE THAT WILL BE ADMITTED ALTHOUGH SEEMINGLY NOT ADMISSIBLE PROVIDED THAT ITS RELEVANCY WOULD BE SHOWN IN A LATER STAGE OF THE TRIAL. 2. CURATIVE ADMISSIBILITY OF EVIDENCE- EVIDENCE WHICH WILL BE ADMITTED ALTHOUGH NORMALLY INADMISSIBLE BECAUSE SIMILAR INADMISSIBLE EVIDENCE HAS BEEN INTRODUCED BY THE OTHER PARTY. 3. MULTIPLE ADMISSIBILITY OF EVIDENCE- WHEN THE EVIDENCE NOT ADMISSIBLE FOR ONE PURPOSE BUT ADMISSIBLE FOR TWO OR MORE PURPOSES. SEC. 4.RELEVANCY; COLLATERAL MATTERS. — EVIDENCE MUST HAVE SUCH A RELATION TO THE Compendium of Criminal Law and Jurisprudence (CLJ)

FACT IN ISSUE AS TO INDUCE BELIEF IN ITS EXISTENCE OR NON-EXISTENCE. EVIDENCE ON COLLATERAL MATTERS SHALL NOT BE ALLOWED, EXCEPT WHEN IT TENDS IN ANY REASONABLE DEGREE TO ESTABLISH THE PROBABILITY OR IMPROBABILITY OF THE FACT IN ISSUE. COLLATERAL MATTERS- ARE FACTS AND CIRCUMSTANCES OTHER THEN THE FACTS IN ISSUE WHICH ARE BEING OFFERED IN EVIDENCE AS BASES FOR INFERENCE AS TO THE EXISTENCE OR NON-EXISTENCE OF A FACT IN ISSUE. RULE 129 SECTION 1.JUDICIAL NOTICE, WHEN MANDATORY. — A COURT SHALL TAKE JUDICIAL NOTICE, WITHOUT THE INTRODUCTION OF EVIDENCE, OF:  THE EXISTENCE AND TERRITORIAL EXTENT OF STATES,  THEIR POLITICAL HISTORY,  FORMS OF GOVERNMENT AND SYMBOLS OF NATIONALITY,  THE LAW OF NATIONS,  THE ADMIRALTY AND MARITIME COURTS OF THE WORLD AND THEIR SEALS,  THE POLITICAL CONSTITUTION AND HISTORY OF THE PHILIPPINES,  THE OFFICIAL ACTS OF LEGISLATIVE, EXECUTIVE AND JUDICIAL DEPARTMENTS OF THE PHILIPPINES, THE LAWS OF NATURE,  THE MEASURE OF TIME, AND  THE GEOGRAPHICAL DIVISIONS. JUDICIAL NOTICE- THE COGNIZANCE OF CERTAIN FACTS WHICH JUDGES MAY PROPERLY TAKE ACT ON WITHOUT PROOF BECAUSE THEY ALREADY KNOW THEM. SEC. 2.JUDICIAL NOTICE, WHEN DISCRETIONARY. — A COURT MAY TAKE JUDICIAL NOTICE OF MATTERS WHICH ARE: 1. OF PUBLIC KNOWLEDGE, OR 2. ARE CAPABLE TO UNQUESTIONABLE DEMONSTRATION, OR 3. OUGHT TO BE KNOWN TO JUDGES BECAUSE OF THEIR JUDICIAL FUNCTIONS. SEC. 3.JUDICIAL NOTICE, WHEN HEARING NECESSARY. — DURING THE TRIAL, THE COURT, ON ITS OWN INITIATIVE, OR ON REQUEST OF A PARTY, MAY ANNOUNCE ITS INTENTION TO TAKE JUDICIAL NOTICE OF ANY MATTER AND ALLOW THE PARTIES TO BE HEARD THEREON. AFTER THE TRIAL, AND BEFORE JUDGMENT OR ON APPEAL, THE PROPER COURT, ON ITS OWN INITIATIVE OR ON REQUEST OF A PARTY, MAY TAKE JUDICIAL NOTICE OF ANY MATTER AND ALLOW THE PARTIES TO BE HEARD THEREON IF SUCH MATTER IS DECISIVE OF A MATERIAL ISSUE IN THE CASE. (N) SEC. 4.JUDICIAL ADMISSIONS. — AN ADMISSION, VERBAL OR WRITTEN, MADE BY THE PARTY IN THE COURSE OF THE PROCEEDINGS IN THE SAME CASE, DOES NOT REQUIRE PROOF. THE ADMISSION MAY BE CONTRADICTED ONLY BY:  SHOWING THAT IT WAS MADE THROUGH PALPABLE MISTAKE OR  THAT NO SUCH ADMISSION WAS MADE. RULE 130 RULES OF ADMISSIBILITY SECTION 1.OBJECT AS EVIDENCE. — OBJECTS AS EVIDENCE ARE THOSE ADDRESSED TO THE SENSES OF THE COURT. WHEN AN OBJECT IS RELEVANT TO THE FACT IN ISSUE, IT MAY BE EXHIBITED TO, EXAMINED OR VIEWED BY THE COURT.  OBJECT EVIDENCE (REAL EVIDENCE/AUTOPTIC EVIDENCE) IS TANGIBLE THING SUBMITTED TO THE COURT FOR INSPECTION, EXHIBITION OR DEMONSTRATION. SEC. 2. DOCUMENTARY EVIDENCE. — DOCUMENTS AS EVIDENCE CONSIST OF WRITING OR ANY MATERIAL CONTAINING LETTERS, WORDS, NUMBERS, FIGURES, SYMBOLS OR OTHER MODES OF WRITTEN EXPRESSION OFFERED AS PROOF OF THEIR CONTENTS. BEST EVIDENCE RULE SEC. 3.ORIGINAL DOCUMENT MUST BE PRODUCED; EXCEPTIONS. — WHEN THE SUBJECT OF INQUIRY IS THE CONTENTS OF A DOCUMENT, NO EVIDENCE SHALL BE ADMISSIBLE OTHER THAN THE ORIGINAL DOCUMENT ITSELF, EXCEPT IN THE FOLLOWING CASES: a. WHEN THE ORIGINAL HAS BEEN LOST OR DESTROYED, OR CANNOT BE PRODUCED IN COURT, WITHOUT BAD FAITH ON THE PART OF THE OFFEROR; b. WHEN THE ORIGINAL IS IN THE CUSTODY OR UNDER THE CO NTROL OF THE PARTY AGAINST WHOM THE EVIDENCE IS OFFERED, AND THE LATTER FAILS TO PRODUCE IT AFTER REASONABLE NOTICE; c. WHEN THE ORIGINAL CONSISTS OF NUMEROUS ACCOUNTS OR OTHER DOCUMENTS WHICH CANNOT BE EXAMINED IN COURT WITHOUT GREAT LOSS OF TIME AND THE FAC T SOUGHT TO BE ESTABLISHED FROM THEM IS ONLY THE GENERAL RESULT OF THE WHOLE; AND d. WHEN THE ORIGINAL IS A PUBLIC RECORD IN THE CUSTODY OF A PUBLIC OFFICER OR IS RECORDED IN A PUBLIC OFFICE BEST EVIDENCE RULE,(PRIMARY EVIDENCE) (ORIGINAL DOCUMENT RULE) (CONTENTS OF ORIGINAL WRITING RULE) DEFINED- IT IS THAT RULE WHICH STATES THAT WHEN THE SUBJECT OF INQUIRY IS THE CONTENTS OF A DOCUMENT, NO EVIDENCE SHALL BE ADMISSIBLE OTHER THAN THE ORIGINAL DOCUMENT ITSELF.  IT IS THAT WHICH AFFORDS THE GREATEST CERTAINTY O F A FACT IN QUESTION.  THE OPPOSITE OF BEST EVIDENCE IS SECONDARY EVIDENCE WHICH IS THAT EVIDENCE THAT IS INFERIOR TO THE PRIMARY EVIDENCE IS TO PREVENT FRAUD.  THE PURPOSE OF THE RULE REQUIRING THE PRODUCTION OF THE BEST EVIDENCE IS TO PREVENT FRAUD.  CARBON PAPER COPIES ARE CONSIDERED DUPLICATE ORIGINALS.  XEROXED COPIES/PHOTOCOPIES ARE NOT ADMISSIBLE UNDER THE BEST EVIDENCE RULE

Compendium of Criminal Law and Jurisprudence (CLJ)

EXCEPTIONS TO THE BEST EVIDENCE RULE 1. WHEN THE ORIGINAL HAS BEEN LOST OR DESTROYED OR CANNOT BE PRODUCED IN COURT, WITHOUT BAD FAITH ON THE PART OF THE OFFEROR; 2. WHEN THE ORIGINAL IS IN THE CUSTODY OR UNDER THE CONTROL OF THE PARTY AGAINST WHOM THE EVIDENCE IS OFFERED, AND THE LATTER FAILS TO PRODUCE IT AFTER REASONABLE NOTICE; 3. WHEN THE ORIGINAL CONSISTS OF NUMEROUS ACCOUNTS OR OTHER DOCUMENTS WHICH CANNOT BE EXAMINED IN COURT WITHOUT GREAT LOSS OF TIME AND THE FACT SOUGHT TO BE ESTABLISHED FROM THEM IS ONLY THE GENERAL RESULT OF THE WHOLE; AND 4. WHEN THE ORIGINAL IS A PUBLIC RECORD IN THE CUSTODY OF A PUBLIC OFFICER OR IS RECORDED IN A PUBLIC OFFICE. SEC. 4. ORIGINAL OF DOCUMENT. a. THE ORIGINAL OF THE DOCUMENT IS ONE THE CONTENTS OF WHICH ARE THE SUBJECT OF INQUIRY. b. WHEN A DOCUMENT IS IN TWO OR MORE COPIES EXECUTED AT OR ABOUT THE SAME TIME, WITH IDENTICAL CONTENTS, ALL SUCH COPIES ARE EQUALLY REGARDED AS ORIGINALS. c.

WHEN AN ENTRY IS REPEATED IN THE REGULAR COURSE OF BUSINESS, ONE BEING COPIED FROM ANOTHER AT OR NEAR THE TIME OF THE TRANSACTION, ALL THE ENTRIES ARE LIKEWISE EQUALLY REGARDED AS ORIGINALS. a. DOCUMENT- A DEED, INSTRUMENT OR OTHER DULY AUTHORIZED PAPER BY WHICH SOMETHING IS PROVED, EVIDENCED OR SET FORTH. b. SECONDARY EVIDENCE (SUBSTITUTIONARY EVIDENCE) (INFERIOR EVIDENCE) DEFINED: c. THAT WHICH IS ADMISSIBLE WHEN THE BEST EVIDENCE IS NOT AVAILABLE; OR d. ANY EVIDENCE OTHER THAN THE ORIGINAL DOCUMENT ITSELF; OR e. ONE WHICH IS INFERIOR TO THE BEST EVIDENCE.

SECONDARY EVIDENCE SEC. 5.WHEN ORIGINAL DOCUMENT IS UNAVAILABLE. — WHEN THE ORIGINAL DOCUMENT HAS BEEN LOST OR DESTROYED, OR CANNOT BE PRODUCED IN COURT, THE OFFEROR, UPON PROOF OF ITS EXECUTION OR EXISTENCE AND THE CAUSE OF ITS UNAVAILABILITY WITHOUT BAD FAITH ON HIS PART, MAY PROVE ITS CONTENTS BY:  A COPY(ANY MACHINE COPY), OR  BY A RECITAL OF ITS CONTENTS IN SOME AUTHENTIC DOCUMENT, OR  BY THE TESTIMONY OF WITNESSES IN THE ORDER STATED. SEC. 6.WHEN ORIGINAL DOCUMENT IS IN ADVERSE PARTY'S CUSTODY OR CONTROL . — IF THE DOCUMENT IS IN THE CUSTODY OR UNDER THE CONTROL OF ADVERSE PARTY, HE MUST HAVE REASONABLE NOTICE TO PRODUCE IT. IF AFTER SUCH NOTICE AND AFTER SATISFACTORY PROOF OF ITS EXISTENCE, HE FAILS TO PRODUCE THE DOCUMENT, SECONDARY EVIDENCE MAY BE PRESENTED AS IN THE CASE OF ITS LOSS. SEC. 7. EVIDENCE ADMISSIBLE WHEN ORIGINAL DOCUMENT IS A PUBLIC RECORD . — WHEN THE ORIGINAL OF DOCUMENT IS IN THE CUSTODY OF PUBLIC OFFICER OR IS RE CORDED IN A PUBLIC OFFICE, ITS CONTENTS MAY BE PROVED BY A CERTIFIED COPY ISSUED BY THE PUBLIC OFFICER IN CUSTODY THEREOF. SEC. 8.PARTY WHO CALLS FOR DOCUMENT NOT BOUND TO OFFER IT . — A PARTY WHO CALLS FOR THE PRODUCTION OF A DOCUMENT AND INSPECTS THE SAME IS NOT OBLIGED TO OFFER IT AS EVIDENCE. PAROL EVIDENCE RULE SEC. 9.EVIDENCE OF WRITTEN AGREEMENTS. — WHEN THE TERMS OF AN AGREEMENT HAVE BEEN REDUCED TO WRITING, IT IS CONSIDERED AS CONTAINING ALL THE TERMS AGREED UPON AND THERE CAN BE, BETWEEN THE PARTIES AND THEIR SUCCESSORS IN INTEREST, NO EVIDENCE OF SUCH TERMS OTHER THAN THE CONTENTS OF THE WRITTEN AGREEMENT. HOWEVER, A PARTY MAY PRESENT EVIDENCE TO MODIFY, EXPLAIN OR ADD TO THE TERMS OF WRITTEN AGREEMENT IF HE PUTS IN ISSUE IN HIS PLEADING: a. AN INTRINSIC AMBIGUITY, MISTAKE OR IMPERFECTION IN THE WRITTEN AGREEMENT; b. THE FAILURE OF THE WRITTEN AGREEMENT TO EXPRESS THE TRUE INTENT AND AGREEMENT OF THE PARTIES THERETO; c. THE VALIDITY OF THE WRITTEN AGREEMENT; OR d. THE EXISTENCE OF OTHER TERMS AGREED TO BY THE PARTIES OR THEIR SUCCESSORS IN INTEREST AFTER THE EXECUTION OF THE WRITTEN AGREEMENT. THE TERM "AGREEMENT" INCLUDES WILLS.  PAROL EVIDENCE - ANY EVIDENCE ALIUNDE, WHETHER ORAL OR WRITTEN, WHICH IS INTENDED OR TENDS TO VARY OR CONTRADICT A COMPLETE A ND ENFORCEABLE AGREEMENT EMBODIED IN A DOCUMENT. IT IS ALSO DEFINED AS ANY OUTSIDE OR EXTRINSIC EVIDENCE INTRODUCED TO MODIFY OR EXPLAIN OR ADD SOMETHING TO AN AGREEMENT THAT WAS PUT IN WRITING.  PAROL EVIDENCE RULE - A RULE WHICH STATES THAT WHEN THE TERMS OF AN AGREEMENT HAVE BEEN REDUCED TO WRITING, IT IS CONSIDERED AS CONTAINING ALL THE TERMS AGREED UPON, AND THERE CAN BE BETWEEN THE PARTIES AND THEIR SUCCESSORS IN INTEREST, NO EVIDENCE OF SUCH TERMS OTHER THAN THE CONTENTS OF THE WRITTEN AGREEMENT. IT MEANS THAT THERE CAN BE NO EVIDENCE OF THE TERMS OF THE WRITTEN AGREEMENT OTHER THAN THE TERMS OF THE WRITTEN AGREEMENT. EXCEPTIONS TO THE PAROL EVIDENCE RULE

Compendium of Criminal Law and Jurisprudence (CLJ)

A PARTY MAY PRESENT EVIDENCE TO MODIFY, EXPLAIN OR ADD TO THE TERMS OF WRITTEN AGREEMENT IF HE PUTS IN ISSUE IN HIS PLEADING: 1. AN INTRINSIC AMBIGUITY, MISTAKE OR IMPERFECTION IN THE WRITTEN AGREEMENT; 2. THE FAILURE OF THE WRITTEN AGREEMENT TO EXPRESS THE TRUE INTENT AND AGREEMENT OF THE PARTIES THERETO; 3. THE VALIDITY OF THE WRITTEN AGREEMENT; OR 4. THE EXISTENCE OF OTHER TERMS AGREED TO BY THE PARTIES OR THEIR SUCCESSORS IN INTEREST AFTER THE EXECUTION OF THE WRITTEN AGREEMENT. QUALIFICATION OF WITNESSES SEC. 20.WITNESSES; THEIR QUALIFICATIONS. — EXCEPT AS PROVIDED IN THE NEXT SUCCEEDING SECTION, ALL PERSONS WHO CAN PERCEIVE, AND PERCEIVING, CAN MAKE THEIR KNOWN PERCEPTION TO OTHERS, MAY BE WITNESSES. RELIGIOUS OR POLITICAL BELIEF, INTEREST IN THE OUTCOME OF THE CASE, OR CONVICTION OF A CRIME UNLESS OTHERWISE PROVIDED BY LAW, SHALL NOT BE GROUND FOR DISQUALIFICATION.  WITNESS DEFINED- A PERSON WHO MAKES A STATEMENT TO A JUDICIAL TRIBUNAL ON A QUESTION OF FACT.  QUALIFICATIONS OF CHILD WITNESS:  HE MUST HAVE CAPACITY OF OBSERVATION  HE MUST HAVE CAPACITY OF RECOLLECTION  HE MUST HAVE CAPACITY OF COMMUNICATION 

QUALIFICATION OF A WITNESS:  ALL PERSONS WHO CAN PERCEIVE AND PERCEIVING, AND  CAN MAKE KNOWN THEIR PERCEPTION TO OTHERS MAY BE WITNESSES.

TYPES OF WITNESSES:  BIASED WITNESS- ON WHO BECAUSE OF HIS RELATION TO THE CAUSE OR TO THE PARTIES IS SUCH THAT HE HAS AN INCENTIVE TO EXAGGERATE OR GIVE FALSE COLOR TO HIS STATEMENTS, OR TO SUPPRESS OR PERVERT THE TRUTH, OR TO STATE WHAT IS FALSE.  COMPETENT WITNESS- ONE WHO IS NOT LEGALLY DISQUALIFIED FROM TESTIFYING IN COURTS OF JUSTICE, BY REASON OF MENTAL INCAPACITY, INTERESTS OR THE COMMISSION OF CRIMES, OR OTHER CAUSE RENDERING HIM EXCLUDED FROM TESTIFYING.  DISHONEST WITNESS- A WITNESS WHO PROFESSES TO REMEMBER THINGS UPON WHICH HE CANNOT BE READILY BE CONTRADICTED AND WHO DECLARES THAT HE FORGETS THOSE UPON WHICH HE WOULD BE OPEN TO CONTRADICTION. HE USUALLY TAKES REFUGE BEHIND THE SHELTER AFFORDED BY THE PHRASE “I DON’T REMEMBER”.  INSTRUMENTAL WITNESSES- A WITNESS WHO ATTESTS TO THE EXECUTION OF A WILL OR TESTAMENT AND AFFIRMS THE FORMALITIES ATTENDANT TO SAID EXEC UTION.  CREDIBLE WITNESS- ONE WHOSE TESTIMONY IS WORTH OF CREDIT AND BELIEF. ONE WHO IS NOT DISQUALIFIED TO TESTIFY BY MENTAL INCAPACITY, CRIME OR OTHER CAUSES.  COMPETENT WITNESS- ONE WHO HAS ALL THE QUALIFICATIONS TO TESTIFY. THUS HE CAN PERCEIVE AND CAN MAKE KNOWN HIS PERCEPTION TO OTHERS REGARDLESS OF POLITICAL OR RELIGIOUS BELIEF OR INTEREST AND CONVICTION OF A CRIME. SEC. 21.DISQUALIFICATION BY REASON OF MENTAL INCAPACITY OR IMMATURITY. — THE FOLLOWING PERSONS CANNOT BE WITNESSES: a. THOSE WHOSE MENTAL CONDITION, AT THE TIME OF THEIR PRODUCTION FOR EXAMINATION, IS SUCH THAT THEY ARE INCAPABLE OF INTELLIGENTLY MAKING KNOWN THEIR PERCEPTION TO OTHERS; b. CHILDREN WHOSE MENTAL MATURITY IS SUCH AS TO RENDER THEM INCAPABLE OF PERCEIVING THE FACTS RESPECTING WHICH THEY ARE EXAMINED AND OF RELATING THEM TRUTHFULLY. DEAF AND MUTES ARE COMPETENT WITNESSES WHEN: THEY CAN UNDERSTAND THE NATURE OF AN OATH, CAN COMPREHEND FACTS THEY ARE GOING TO TESTIFY ON, AND CAN COMMUNICATE THEIR IDEAS THROUGH QUALIFIED INTERPRETER. A MENTAL RETARDATE IS STILL QUALIFIED WITNESS IF HE CAN MAKE KNOWN HIS PERCEPTIONS TO OTHERS. THE TWO TESTS TO DETERMINE THE INSANITY OF A PERSON ARE: TEST OF COGNITION- WHEN THE ACCUSED COMMITTED THE CRIME WHILE UNDER COMPLETE DEPRIVATION OF INTELLIGENCE. WE FOLLOW THIS RULE IN DETERMINING INSANITY. TEST OF VOLITION- WHEN THE ACCUSED COMMITTED THE CRIME WHILE THERE IS TOTAL DEPRIVATION OF THE FREEDOM OF WILL. SEC. 22.DISQUALIFICATION BY REASON OF MARRIAGE (MARITAL DISQUALIFICATION RULE/SPOUSAL DISQUALIFICATION RULE)). — DURING THEIR MARRIAGE, NEITHER THE HUSBAND NOR THE WIFE MAY TESTIFY FOR OR AGAINST THE OTHER WITHOUT THE CONSENT OF THE AFFECTED SPOUSE, EXCEPT  IN A CIVIL CASE BY ONE AGAINST THE OTHER, OR  IN A CRIMINAL CASE FOR A CRIME COMMITTED BY ONE AGAINST THE OTHER OR THE LATTER'S DIRECT DESCENDANTS OR ASCENDANTS.  THIS PRIVILEGE CAN BE LOST BY CONSENT OR FAILURE TO OBJECT REASONS FOR THE MARITAL DISQUALIFICATION RULE: 1. THE POLICY OF THE LAW IS TO GUARD THE CONFIDENCE OF PRIVATE LIFE EVEN AT THE RISK OF OCCASIONAL FAILURE OF JUSTICE. 2. TO PRESERVE HARMONY BETWEEN THE HUSBAND AND WIFE AND FAMILY. 3. THERE IS IDENTITY OF INTERESTS BETWEEN THE HUSBAND AND THE WIFE. SEC. 23.DISQUALIFICATION BY REASON OF DEATH OR INSANITY OF ADVERSE PARTY. (SURVIVORSHIP DISQUALIFICATION RULE OR DEAD MAN’S STATUTE) — PARTIES OR ASSIGNOR OF PARTIES TO A CASE, OR PERSONS IN WHOSE BEHALF A CASE IS PROSECUTED, AGAINST AN EXECUTOR OR Compendium of Criminal Law and Jurisprudence (CLJ)

ADMINISTRATOR OR OTHER REPRESENTATIVE OF A DECEASED PERSON, OR AGAINST A PERSON OF UNSOUND MIND, UPON A CLAIM OR DEMAND AGAINST THE ESTATE OF SUCH DECEASED PERSON OR AGAINST SUCH PERSON OF UNSOUND MIND, CANNOT TESTIFY AS TO ANY MATTER OF FACT OCCURRING BEFORE THE DEATH OF SUCH DECEASED PERSON OR BEFORE SUCH PERSON BECAME OF UNSOUND MIND.  THIS PRIVILEGE MAY BE WAIVED BY CROSS EXAMINING THE WITNESS REASON OR BASIS OF THE DEAD MAN STATUTE 1. IF ONE PARTY TO THE ALLEGED TRANSACTION IS PRECLUDED FROM TESTIFYING BY DEATH, INSANITY OR MENTAL DISABILITIES, THE OTHER PARTY SHOULD NOT TAKE ADVANTAGE OF IT BY GIVING HIS OWN UNCONTRADICTED ACCOUNT OF WHAT TRANSPIRED. 2. THIS RULE IS DESIGNED TO CLOSE THE LIPS OF THE PARTY PLAINTIFF WHEN DEATH HAS CLOSED THE LIPS OF THE OTHER PARTY DEFENDANT, IN ORDER TO REMOVE FROM THE SURVIVING PARTY THE TEMPTATION TO FALSEHOOD AND THE GREAT POSSIBILITY OF FICTITIOUS AND EXAGGERATED CLAIMS AGAINST THE DECEASED. SEC. 24.DISQUALIFICATION BY REASON OF PRIVILEGED COMMUNICATION. — THE FOLLOWING PERSONS CANNOT TESTIFY AS TO MATTERS LEARNED IN CONFIDENCE IN THE FOLLOWING CASES: a. THE HUSBAND OR THE WIFE, DURING OR AFTER THE MARRIAGE, CANNOT BE EXAMINED WITHOUT THE CONSENT OF THE OTHER AS TO ANY COMMUNICATION RECEIVED IN CONFIDENCE BY ONE FROM THE OTHER DURING THE MARRIAGE EXCEPT IN A CIVIL CASE BY ONE AGAINST THE OTHER, OR IN A CRIMINAL CASE FOR A CRIME COMMITTED BY ONE AGAINST THE OTHER OR THE LATTER'S DIRECT DESCENDANTS OR ASCENDANTS;(MARITAL COMMUNICATION RULE/SPOUSAL IMMUNITY RULE/HUSBAND AND WIFE PRIVILEGE) b. AN ATTORNEY CANNOT, WITHOUT THE CONSENT OF HIS CLIENT, BE EXAMINED AS TO ANY COMMUNICATION MADE BY THE CLIENT TO HIM, OR HIS ADVICE GIVEN THEREON IN THE COURSE OF, OR WITH A VIEW TO, PROFESSIONAL EMPLOYMENT, NOR CAN AN ATTORNEY'S SECRETARY, STENOGRAPHER, OR CLERK BE EXAMINED, WITHOUT THE CONSENT OF THE CLIENT AND HIS EMPLOYER, CONCERNING ANY FACT THE KNOWLEDGE OF WHICH HAS BEEN ACQUIRED IN SUCH CAPACITY; c. A PERSON AUTHORIZED TO PRACTICE MEDICINE, SURGERY OR OBSTETRICS CANNOT IN A CIVIL CASE, WITHOUT THE CONSENT OF THE PATIENT, BE EXAMINED AS TO ANY ADVICE OR TREATMENT GIVEN BY HIM OR ANY INFORMATION WHICH HE MAY HAVE ACQUIRED IN ATTENDING SUCH PATIENT IN A PROFESSIONAL CAPACITY, WHICH INFORMATION WAS NECESSARY TO ENABLE HIM TO ACT IN CAPACITY, AND WHICH WOULD BLACKEN THE REPUTATION OF THE PATIENT; d. A MINISTER OR PRIEST CANNOT, WITHOUT THE CONSENT OF THE PERSON MAKING THE CONFESSION, BE EXAMINED AS TO ANY CONFESSION MADE TO OR ANY ADVICE GIVEN BY HIM IN HIS PROFESSIONAL CHARACTER IN THE COURSE OF DISCIPLINE ENJOINED BY THE CHURCH TO WHICH THE MINISTER OR PRIEST BELONGS; e. A PUBLIC OFFICER CANNOT BE EXAMINED DURING HIS TERM OF OFFICE OR AFTERWARDS, AS TO COMMUNICATIONS MADE TO HIM IN OFFICIAL CONFIDENCE, WHEN THE COURT FINDS THAT THE PUBLIC INTEREST WOULD SUFFER BY THE DISCLOSURE. GROUNDS FOR DISQUALIFICATION OF A WITNESS  DISQUALIFICATION BY REASON OF MENTAL INCAPACITY OR IMMATURITY;  DISQUALIFICATION BY REASON OF MARRIAGE;  DISQUALIFICATION BY REASON OF DEATH OR INSANITY OF ADVERSE PARTY;  DISQUALIFICATION BY REASON OF PRIVILEGED COMMUNICATION BETWEEN:  HUSBAND AND WIFE;  ATTORNEY AND CLIENT;  PHYSICIAN AND PATIENT;  PRIEST AND PENITENT;  PUBLIC OFFICE (PRIVILEGE OF STATE SECRETS) PRIVILEGED COMMUNICATION, DEFINED- COMMUNICATIONS RECEIVED IN CONFIDENCE BY A PERSON FROM ANOTHER BY REASON OF TRUST OR INTIMATE RELATIONSHIP MAY NOT BE REVEALED TO THE COURT. DISQUALIFICATION BY REASON OF MARRIAGE, DEFINED- ACCORDING TO THIS RULE, DURING THEIR MARRIAGE, NEITHER THE HUSBAND OR THE WIFE MAY TESTIFY FOR OR AGAINST THE OTHER WITHOUT THE CONSENT OF THE AFFECTED SPOUSE, EXCEPT:  IN A CIVIL CASE BY ONE AGAINST THE OTHER; OR  IN A CRIMINAL CASE FOR A CRIME COMMITTED BY ONE AGAINST THE OTHER OR THE LATTER’S DIRECT DESCENDANTS OR ASCENDANTS REQUISITES OF MARITAL OR SPOUSAL IMMUNITY RULE:  THERE MUST BE A VALID MARRIAGE;  THAT MARRIAGE MUST BE EXISTING AT THE TIME OF THE OFFER OF THE TESTIMONY;  THE SPOUSE IS A PARTY TO THE TRANSACTION THE MARITAL COMMUNICATION RULE MAY BE WAIVED BY:  FAILURE TO OBJECT TO THE TESTIMONY  THE SPOUSE CALLS THE OTHER SPOUSE TO TESTIFY DISQUALIFICATION BY REASON OF DEATH OR INSANITY OF ADVERSE PARTY RULE, DEFINEDACCORDING TO THIS RULE, PARTIES OR ASSIGNORS OF PARTIES TO A CASE OR PERSONS IN WHOSE BEHALF A CASE IS PROSECUTED, AGAINST AN EXECUTOR OR ADMINISTRATOR OR OTHER REPRESENTATIVE OF A DECEASED PERSON, OR AGAINST A PERSON OF UNSOUND MIND, CANNOT TESTIFY AS TO ANY MATTER OF FACT OCCURRING BEFORE THE DEATH OF SUCH DECEASED PERSON OR BEFORE SUCH PERSON BECAME OF UNSOUND MIND. REQUISITES OF DEAD MAN’S STATUTE: 1. THAT THE WITNESS OFFERED FOR EXAMINATION IS A PARTY PLAINTIFF, OR THE ASSIGNOR OF SAID PARTY, OR A PERSON IN WHOSE BEHALF A CASE IS PROSECUTED; 2. THE CASE IS AGAINST THE EXECUTOR OR ADMINISTRATOR OR OTHER REPRESENTATIVE OF A PERSON DECEASED OR OF UNSOUND MIND; Compendium of Criminal Law and Jurisprudence (CLJ)

3. 4.

THE CASE IS UPON A CLAIM OR DEMAND AGAINST THE ESTATE OF SUCH DECEASED OR UNSOUND MIND; THE TESTIMONY TO BE GIVEN IS ON A MATTER OF FACT OCCURRING BEFORE THE DEATH OF THE DECEASED PERSON OR BEFORE SUCH PERSON BECAME OF UNSOUND MINE.

DISQUALIFICATION BY REASON OF PRIVILEGED COMMUNICATION, DEFINED- A RULE WHICH STATE THAT THE FOLLOWING PERSON PERSONS CANNOT TESTIFY AS TO MATTERS LEARNED IN CONFIDENCE IN THE FOLLOWING CASES: 1. HUSBAND OR WIFE- DURING OR AFTER THE MARRIAGE, CANNOT BE EXAMINED WITHOUT THE CONSENT OF THE OTHER AS TO ANY COMMUNICATION RECEIVED IN CONFIDENCE BY ONE FROM THE OTHER DURING THE MARRIAGE EXCEPT IN A CIVIL CASE BY ONE AGAINST THE OTHER, OR IN A CRIMINAL CASE FOR A CRIME COMMITTED BY ONE AGAINST THE OTHER OR THE LATTER’S DIRECT DESCENDANTS OR ASCENDANTS. 2. ATTORNEY- CANNOT, WITHOUT THE CONSENT OF HIS CLIENT, BE EXAMINED AS TO ANY COMMUNICATION MADE BY THE CLIENT TO HIM, OR HIS ADVICE GIVEN THEREON IN THE COURSE OF, OR WITH A VIEW TO, PROFESSIONAL EMPLOYMENT, NOR CAN THE ATTORNEY’S SECRETARY, STENOGRAPHER, OR CLERK BE EXAMINED, WITHOUT THE CONSENT OF THE CLIENT AND HIS EMPLOYER CONCERNING ANY FACT THE KNOWLEDGE OF WHICH HAS BEEN ACQUIRED IN SUCH CAPACITY; 3. PERSON AUTHORIZED TO PRACTICE MEDICINE, SURGERY OR OBSTETRICS- IN A CIVIL CASE CANNOT BE EXAMINED, WITHOUT THE CONSENT OF THE PATIENT AS TO ANY ADVICE OR TREATMENT GIVEN BY HIM OR ANY INFORMATION WHICH HE MAY HAVE ACQUIRED IN ATTENDING SUCH PATIENT IN A PROFESSIONAL CAPACITY, WHICH INFORMATION WAS NECESSARY TO ENABLE HIM TO ACT IN THAT CAPACITY, AND WHICH WOULD BLACKEN THE REPUTATION OF THE PATIENT. 4. MINISTER OR PRIEST- WITHOUT THE CONSENT OF THE PERSON MAKING THE CONFESSION, CANNOT BE EXAMINED AS TO ANY CONFESSION MADE OR TO ANY ADVICE GIVEN BY HIM IN HIS PROFESSIONAL CHARACTER IN THE COURSE OF DISCIPLINE ENJOINED BY THE CHURCH TO WHICH THE MINISTER OR PRIEST BELONGS; (THIS PRIVILEGE D CANNOT BE WAIVED) 5. PUBLIC OFFICER- CANNOT BE EXAMINED DURING HIS TERM OF OFFICE OR AFTERWARDS, AS TO COMMUNICATIONS MADE TO HIM IN OFFICIAL CONFIDENCE, WHEN THE COURT FINDS THAT THE PUBLIC INTEREST WOULD SUFFER BY THE DISCLOSURE. (THIS PRIVILEGED CANNOT BE WAIVED) REQUISITES OF MARITAL PRIVILEGE: 1. THERE WAS A VALID MARITAL RELATION; 2. THE PRIVILEGE IS INVOKED WITH RESPECT TO CONFIDENTIAL COMMUNICATION BETWEEN THE SPOUSES DURING THE MARRIAGE; 3. THE SPOUSE AGAINST WHOSE THE TESTIMONY IS OFFERED HAS NOT GIVEN HIS CONSENT. DISQUALIFICATION BY REASON OF MARRIAGE VS DISQUALIFICATION BY REASON OF MARITAL PRIVILEGE DQ BY REASON OF MARRIAGE 1. MAY BE INVOKED IF ONE OF THE SPOUSES IS A PARTY TO THE ACTION 2. APPLICABLE ONLY IF THE MARRIAGE IS EXISTING AT THE TIME THE TESTIMONY IS OFFERED 3. IT CONSTITUTES A TOTAL PROHIBITION AGAINST ANY TESTIMONY FOR OR AGAINST THE SPOUSE OF THE WITNESS.

DQ BY REASON OF MARITAL PRIVILEGE IT MAY BE CLAIMED WHETHER OR NOT THE SPOUSE IS A PARTY TO THE ACTION. IT CAN BE CLAIMED EVEN AFTER THE MARRIAGE HAS BEEN DISSOLVED. APPLIES ONLY TO CONFIDENTIAL COMMUNICATION BETWEEN THE SPOUSES.

SEC. 25.PARENTAL AND FILIAL PRIVILEGE. — NO PERSON MAY BE COMPELLED TO TESTIFY AGAINST HIS PARENTS, OTHER DIRECT ASCENDANTS, CHILDREN OR OTHER DIRECT DESCE NDANTS. PARENTAL PRIVILEGE- PARENTS CANNOT BE COMPELLED TO TESTIFY AGAINST HIS DESCENDANTS; WHILE FILIAL PRIVILEGE MEANS, WITNESS CANNOT BE COMPELLED TO TESTIFY AGAINST HIS PARENTS OR OTHER DIRECT ASCENDANTS SEC. 26.ADMISSION OF A PARTY. — THE ACT, DECLARATION OR OMISSION OF A PARTY AS TO A RELEVANT FACT MAY BE GIVEN IN EVIDENCE AGAINST HIM. ADMISSION DISTINGUISHED FROM CONFESSION: 1. AN ADMISSION DOES NOT NECESSARILY INVOLVE AN ACKNOWLEDGEMENT OF GUILT AS IN THE CASE OF CONFESSION; 2. AN ADMISSION MAY BE EXPRESSED OR TACIT WHILE A CONFESSION IS ALWAYS EXPRESS; 3. ADMISSION MAY BE MADE BY THIRD PERSONS AND IN CERTAIN CASES ADMISSIBLE AGAINST A PARTY, WHILE A CONFESSION CAN BE MADE ONLY BY THE PARTY HIMSELF, AND IN SOME INSTANCES ARE ADMISSIBLE AGAINST HIS CO -ACCUSED. SEC. 27.OFFER OF COMPROMISE NOT ADMISSIBLE. — IN CIVIL CASES, AN OFFER OF COMPROMISE IS NOT AN ADMISSION OF ANY LIABILITY, AND IS NOT ADMISSIBLE IN EVIDENCE AGAINST THE OFFEROR. IN CRIMINAL CASES, EXCEPT THOSE INVOLVING QUASI -OFFENSES (CRIMINAL NEGLIGENCE) OR THOSE ALLOWED BY LAW TO BE COMPROMISED, AN OFFER OF COMPROMISED BY THE ACCUSED MAY BE RECEIVED IN EVIDENCE AS AN IMPLIED ADMISSION OF GUILT. A PLEA OF GUILTY LATER WITHDRAWN, OR AN UNACCEPTED OFFER OF A PLEA OF GUILTY TO LESSER OFFENSE, IS NOT ADMISSIBLE IN EVIDENCE AGAINST THE ACCUSED WHO MADE THE PLEA OR OFFER.

Compendium of Criminal Law and Jurisprudence (CLJ)

AN OFFER TO PAY OR THE PAYMENT OF MEDICAL, HOSPITAL OR OTHER EXPENSES OCCASIONED BY AN INJURY IS NOT ADMISSIBLE IN EVIDENCE AS PROOF OF CIVIL OR CRIMINAL LIABILITY FOR THE INJURY. SEC. 28.ADMISSION BY THIRD PARTY. — THE RIGHTS OF A PARTY CANNOT BE PREJUDICED BY AN ACT, DECLARATION, OR OMISSION OF ANOTHER, EXCEPT AS HEREINAFTER PROVIDED. ALTERI NOCERE NON DEBET RULE, WHICH MEANS “THINGS DONE BETWEEN STRANGERS SHOULD NOT INJURE THOSE WHO ARE NOT PARTIES TO THEM.” SEC. 29. ADMISSION BY CO-PARTNER OR AGENT. — THE ACT OR DECLARATION OF A PARTNER OR AGENT OF THE PARTY WITHIN THE SCOPE OF HIS AUTHORITY AND DURING THE EXISTENCE OF THE PARTNERSHIP OR AGENCY, MAY BE GIVEN IN EVIDENCE AGAINST SUCH PARTY AFTER THE PARTNERSHIP OR AGENCY IS SHOWN BY EVIDENCE OTHER THAN SUCH ACT OR DECLARATION. THE SAME RULE APPLIES TO THE ACT OR DECLARATION OF A JOINT OWNER, JOINT DEBTOR, OR OTHER PERSON JOINTLY INTERESTED WITH THE PARTY. SEC. 30.ADMISSION BY CONSPIRATOR. — THE ACT OR DECLARATION OF A CONSPIRATOR RELATING TO THE CONSPIRACY AND DURING ITS EXISTENCE, MAY BE GIVEN IN EVIDENCE AGAINST THE COCONSPIRATOR AFTER THE CONSPIRACY IS SHOWN BY EVIDENCE OTHER THAN SUCH ACT OF DECLARATION. SEC. 31.ADMISSION BY PRIVIES. — WHERE ONE DERIVES TITLE TO PROPERTY FROM ANOTHER, THE ACT, DECLARATION, OR OMISSION OF THE LATTER, WHILE HOLDING THE TITLE, IN RELATION TO THE PROPERTY, IS EVIDENCE AGAINST THE FORMER. SEC. 32.ADMISSION BY SILENCE (ADOPTIVE OMISSION).— AN ACT OR DECLARATION MADE IN THE PRESENCE AND WITHIN THE HEARING OR OBSERVATION OF A PARTY WHO DOES OR SAYS NOTHING WHEN THE ACT OR DECLARATION IS SUCH AS NATURALLY TO CALL FOR ACTION OR COMMENT IF NOT TRUE, AND WHEN PROPER AND POSSIBLE FOR HIM TO DO SO, MAY BE GIVEN IN EVIDENCE AGAINST HIM. SEC. 33.CONFESSION. — THE DECLARATION OF AN ACCUSED ACKNOWLEDGING HIS GUILT OF THE OFFENSE CHARGED, OR OF ANY OFFENSE NECESSARILY INCLUDED THEREIN, MAY BE GIVEN IN EVIDENCE AGAINST HIM. REQUISITES OF CONFESSION: 1. CONFESSION MUST BE EXPRESS AND CATEGORICAL; 2. CONFESSION MUST BE INTELLIGENT; 3. CONFESSION MUST BE VOLUNTARILY GIVEN; 4. THERE MUST BE NO VIOLATION OF ARTICLE III SEC. 12 OF THE CONSTITUTION. INTERLOCKING CONFESSION- IS A CONFESSION IN A CRIMINAL CASE SO CORROBORATIVE O F EACH OTHER AS TO IMPOSE FAITH THAT THEY MUST HAVE A BASIS IN FACT. WHERE EXTRAJUDICIAL CONFESSION HAVE BEEN MADE BY SEVERAL PERSONS CHARGED WITH CONSPIRACY AND THERE COULD HAVE BEEN NO COLLUSION WITH REFERENCE TO SEVERAL CONFESSIONS, THE FACT THAT THE STATEMENTS ARE IN ALL MATERIAL RESPECTS IDENTICAL IS CONFIRMATORY OF THE TESTIMONY OF THE ACCOMPLICE. PREVIOUS CONDUCT AS EVIDENCE SEC. 34.SIMILAR ACTS AS EVIDENCE. — EVIDENCE THAT ONE DID OR DID NOT DO A CERTAIN THING AT ONE TIME IS NOT ADMISSIBLE TO PROVE THAT HE DID OR DID NOT DO THE SAME OR SIMILAR THING AT ANOTHER TIME; BUT IT MAY BE RECEIVED TO PROVE A SPECIFIC INTENT OR KNOWLEDGE; IDENTITY, PLAN, SYSTEM, SCHEME, HABIT, CUSTOM OR USAGE, AND THE LIKE. (RES INTER ALIOS ACT ALTERI NOCERI NON DEBET -PART II) SEC. 35.UNACCEPTED OFFER. — AN OFFER IN WRITING TO PAY A PARTICULAR SUM OF MONEY OR TO DELIVER A WRITTEN INSTRUMENT OR SPECIFIC PERSONAL PROPERTY IS, IF REJECTED WITHOUT VALID CAUSE, EQUIVALENT TO THE ACTUAL PRODUCTION AND TENDER OF THE MONEY, INSTRUMENT, OR PROPERTY. TESTIMONIAL KNOWLEDGE SEC. 36.TESTIMONY GENERALLY CONFINED TO PERSONAL KNOWLEDGE; HEARSAY EXCLUDED. — A WITNESS CAN TESTIFY ONLY TO THOSE FACTS WHICH HE KNOWS OF HIS PERSONAL KNOWLEDGE; THAT IS, WHICH ARE DERIVED FROM HIS OWN PERCEPTION, EXCEPT AS OTHERWISE PROVIDED IN THESE RULES. EXCEPTIONS TO THE HEARSAY RULE SEC. 37.DYING DECLARATION. — THE DECLARATION OF A DYING PERSON, MADE UNDERTHE CONSCIOUSNESS OF AN IMPENDING DEATH, MAY BE RECEIVED IN ANY CASE WHEREIN HIS DEATH IS THE SUBJECT OF INQUIRY, AS EVIDENCE OF THE CAUSE AND SURROUNDING CIRCUMSTANCES OF SUCH DEATH. SEC. 38.DECLARATION AGAINST INTEREST. — THE DECLARATION MADE BY A PERSON DECEASED, OR UNABLE TO TESTIFY, AGAINST THE INTEREST OF THE DECLARANT, IF THE FACT IS ASSERTED IN THE DECLARATION WAS AT THE TIME IT WAS MADE SO FAR CONTRARY TO DECLARANT'S OWN INTEREST, THAT A REASONABLE MAN IN HIS POSITION WOULD NOT HAVE MADE THE DECLARATION UNLESS HE BELIEVED IT TO BE TRUE, MAY BE RECEIVED IN EVIDENCE AGAINST HIMSELF OR HIS SUCCESSORS IN INTEREST AND AGAINST THIRD PERSONS. HANROVIRTULAW LIBRARY SEC. 39.ACT OR DECLARATION ABOUT PEDIGREE. — THE ACT OR DECLARATION OF A PERSON DECEASED, OR UNABLE TO TESTIFY, IN RESPECT TO THE PEDIGREE OF ANOTHER PERSON RELATED TO HIM BY BIRTH OR MARRIAGE, MAY BE RECEIVED IN EVIDENCE WHERE IT OCCURRED BEFORE THE CONTROVERSY, AND THE RELATIONSHIP BETWEEN THE TWO PERSONS

Compendium of Criminal Law and Jurisprudence (CLJ)

IS SHOWN BY EVIDENCE OTHER THAN SUCH ACT OR DECLARATION. THE WORD "PEDIGREE" INCLUDES RELATIONSHIP, FAMILY GENEALOGY, BIRTH, MARRIAGE, DEATH, THE DATES WHEN AND THE PLACES WHERE THESE FAST OCCURRED, AND THE NAMES OF THE RELATIVES. IT EMBRACES ALSO FACTS OF FAMILY HISTORY INTIMATELY CONNECTED WITH PEDIGREE. SEC. 40. FAMILY REPUTATION OR TRADITION REGARDING PEDIGREE. — THE REPUTATION OR TRADITION EXISTING IN A FAMILY PREVIOUS TO THE CONTROVERSY (ANTE LITEM MOTAM), IN RESPECT TO THE PEDIGREE OF ANY ONE OF ITS MEMBERS, MAY BE RECEIVED IN EVIDENCE IF THE WITNESS TESTIFYING THEREON BE ALSO A MEMBER OF THE FAMILY, EITHER BY CONSANGUINITY OR AFFINITY. ENTRIES IN FAMILY BIBLES OR OTHER FAMILY BOOKS OR CHARTS, ENGRAVINGS ON RINGS, FAMILY PORTRAITS AND THE LIKE, MAY BE RECEIVED AS EVIDENCE OF PEDIGREE. SEC. 41.COMMON REPUTATION. — COMMON REPUTATION EXISTING PREVIOUS TO THE CONTROVERSY, RESPECTING FACTS OF PUBLIC OR GENERAL INTEREST MORE THAN THIRTY YEARS OLD, OR RESPECTING MARRIAGE OR MORAL CHARACTER, MAY BE GIVEN IN EVIDENCE. MONUMENTS AND INSCRIPTIONS IN PUBLIC PLACES MAY BE RECEIVED AS EVIDENCE OF COMMON REPUTATION. SEC. 42.PART OF RES GESTAE. — STATEMENTS MADE BY A PERSON WHILE A STARTING OCCURRENCE IS TAKING PLACE OR IMMEDIATELY PRIOR OR SUBSEQUENT THERETO WITH RESPECT TO THE CIRCUMSTANCES THEREOF, MAY BE GIVEN IN EVIDENCE AS PART OF RES GESTAE. SO, ALSO, STATEMENTS ACCOMPANYING AN EQUIVOCAL ACT MATERIAL TO THE ISSUE, AND GIVING IT A LEGAL SIGNIFICANCE, MAY BE RECEIVED AS PART OF THE RES GESTAE. SEC. 43.ENTRIES IN THE COURSE OF BUSINESS. — ENTRIES MADE AT, OR NEAR THE TIME OF TRANSACTIONS TO WHICH THEY REFER, BY A PERSON DECEASED, OR UNABLE TO TESTIFY, WHO WAS IN A POSITION TO KNOW THE FACTS THEREIN STATED, MAY BE RECEIVED AS PRIMA FACIE EVIDENCE, IF SUCH PERSON MADE THE ENTRIES IN HIS PROFESSIONAL CAPACITY OR IN THE PERFORMANCE OF DUTY AND IN THE ORDINARY OR REGULAR COURSE OF BUSINESS OR DUTY. SEC. 44.ENTRIES IN OFFICIAL RECORDS. — ENTRIES IN OFFICIAL RECORDS MADE IN THE PERFORMANCE OF HIS DUTY BY A PUBLIC OFFICER OF THE PHILIPPINES, OR BY A PERSON IN THE PERFORMANCE OF A DUTY SPECIALLY ENJOINED BY LAW, ARE PRIMA FACIE EVIDENCE OF THE FACTS THEREIN STATED. SEC. 45.COMMERCIAL LISTS AND THE LIKE. — EVIDENCE OF STATEMENTS OF MATTERS OF INTEREST TO PERSONS ENGAGED IN AN OCCUPATION CONTAINED IN A LIST, REGISTER, PERIODICAL, OR OTHER PUBLISHED COMPILATION IS ADMISSIBLE AS TENDING TO PROVE THE TRUTH O F ANY RELEVANT MATTER SO STATED IF THAT COMPILATION IS PUBLISHED FOR USE BY PERSONS ENGAGED IN THAT OCCUPATION AND IS GENERALLY USED AND RELIED UPON BY THEM THEREIN. SEC. 46.LEARNED TREATISES. — A PUBLISHED TREATISE, PERIODICAL OR PAMPHLET ON A SUBJECT OF HISTORY, LAW, SCIENCE, OR ART IS ADMISSIBLE AS TENDING TO PROVE THE TRUTH OF A MATTER STATED THEREIN IF THE COURT TAKES JUDICIAL NOTICE, OR A WITNESS EXPERT IN THE SUBJECT TESTIFIES, THAT THE WRITER OF THE STATEMENT IN THE TREATISE, PERIODICAL OR PAMPHLET IS RECOGNIZED IN HIS PROFESSION OR CALLING AS EXPERT IN THE SUBJECT. SEC. 47.TESTIMONY OR DEPOSITION AT A FORMER PROCEEDING. — THE TESTIMONY OR DEPOSITION OF A WITNESS DECEASED OR UNABLE TO TESTIFY, GIVEN IN A FORMER CASE OR PROCEEDING, JUDICIAL OR ADMINISTRATIVE, INVOLVING THE SAME PARTIES AND SUBJECT MATTER, MAY BE GIVEN IN EVIDENCE AGAINST THE ADVERSE PARTY WHO HAD THE OPPORTUNITY TO CROSS EXAMINE HIM. EXCEPTIONS TO THE HEARSAY EVIDENCE RULE 1. DYING DECLARATION; 2. DECLARATION AGAINST INTEREST; 3. ACT OR DECLARATION ABOUT PEDIGREE; 4. FAMILY REPUTATION OR TRADITION REGARDING PEDIGREE; 5. COMMON REPUTATION; 6. PARTS OF THE RES GESTAE; 7. ENTRIES IN THE COURSE OF BUSINESS; 8. ENTRIES IN OFFICIAL RECORD; 9. COMMERCIAL LISTS AND THE LIKE; 10. LEARNED TREATISES. DYING DECLARATION (ANTE MORTEM STATEMENT OR STAEMENT IN ARTICULO MORTIS OR DECLARATION IN EXTREMIS) - IS THE DECLARATION OF A PERSON, MADE UNDER THE CONSCIOUSNESS OF AN IMPENDING DEATH, MAYBE RECEIVED IN ANY CASE WHEREIN HIS DEATH IS THE SUBJECT OF INQUIRY, AS EVIDENCE OF THE CAUSE AND SURROUNDING CIRCUMSTANCES OF HIS DEATH REQUISITES OF A DYING DECLARATION: 1. THAT DEATH IS IMMINENT AND THE DECLARANT IS CONSCIOUS OF THAT FACT; 2. THE DECLARATION REFERS TO THE CAUSE AND SURROUNDING CIRCUMSTANCES OF SUCH DEATH; 3. THE DECLARATION RELATES TO FACTS WHICH THE VICTIM IS COMPETENT TO TESTIFY TO; 4. THE DECLARATION IS OFFERED IN A CASE WHEREIN THE DECLARANT’S DEATH IS THE SUBJECT OF INQUIRY. 5. THE DECLARATION WAS MADE UNDER THE CONSCIOUSNESS OF AN IMPEDING DEATH 6. THE DECLARANT THEREAFTER DIES DECLARATION AGAINST INTEREST- THIS IS THE DECLARATION MADE BY A DECEASED PERSON, OR UNABLE TO TESTIFY, AGAINST THE INTEREST OF THE DECLARANT, IF THE FACT ASSERTED IN THE DECLARATION WAS AT THE TIME IT WAS MADE SO FAR CONTRARY TO DECLARANT’S OWN INTEREST THAT A REASONABLE MAN IN HIS POSITION WOULD NOT HAVE MADE THE

Compendium of Criminal Law and Jurisprudence (CLJ)

DECLARATION UNLESS HE BELIEVED IT TO BE TRUE, MAY BE RECEIVED IN EVIDENCE AGAINST HIMSELF OR HIS SUCCESSORS IN INTEREST AND AGAINST THIRD PERSONS. REQUISITES OF DECLARATION AGAINST INTEREST: 1. THAT THE DECLARANT IS DEAD OR UNABLE TO TESTIFY; 2. THAT IT RELATES TO A FACT AGAINST THE INTEREST OF THE DECLARANT; 3. THAT AT THE TIME HE MADE SAID DECLARATION, THE DECLARANT WAS AWARE THAT THE SAME WAS CONTRARY TO HIS INTEREST; 4. THE DECLARANT HAD NO MOTIVE TO FALSIFY AND BELIEVED SUCH DECLARATION TO BE TRUE. ACT OR DECLARATION ABOUT PEDIGREE REQUISITES: 1. THE DECLARANT IS DEAD OR UNABLE TO TESTIFY; 2. THE DECLARANT IS RELATED TO THE PERSON WHOSE PEDIGREE IS SUBJECT OF INQUIRY BY BIRTH OR MARRIAGE; 3. THERE IS EVIDENCE TO PROVE THE RELATIONSHIP OTHER THAN SUCH DECLARATION; 4. THAT DECLARATION WAS MADE ANTE LITEM MOTAM (PRIOR TO THE CONTROVERSY). FAMILY REPUTATION OR TRADITION REGARDING PEDIGREE REQUISITES: 1. THERE IS CONTROVERSY IN RESPECT TO THE PEDIGREE OF ANY FAMILY MEMBER; 2. THE REPUTATION OR TRADITION OF THE PEDIGREE OF THE SUBJECT PERSON EXISTED PRIOR TO THE CONTROVERSY; 3. THE WITNESS TESTIFYING TO THE REPUTATION OR TRADITION REGARDING THE PEDIGREE OF THE PERSON IS ALSO A MEMBER OF THE FAMILY OF THE SUBJECT PERSON. PARTS OF THE RES GESTAE - THESE ARE STATEMENTS MADE BY A PERSON WHILE A STARTLING OCCURRENCE IS TAKING PLACE OR IMMEDIATELY PRIOR OR SUBSEQUENT THERETO WITH RESPECT TO THE CIRCUMSTANCES THEREOF, MAY BE GIVEN IN EVIDENCE. SO ALSO A STATEMENT ACCOMPANYING AN EQUIVOCAL ACT MATERIAL TO THE ISSUE AND GIVING IT LEGAL SIGNIFICANCE MAY BE RECEIVED AS PART OF THE RES GESTAE. RES GESTAE REFERS TO THOSE EXCLAMATIONS OR STATEMENTS MADE BY EITHER THE PARTICIPANTS, VICTIMS, OR SPECTATORS TO A CRIME IMMEDIATELY BEFORE, DURING OR IMMEDIATELY AFTER ITS COMMISSION, WHEN THE CIRCUMSTANCES ARE SUCH THAT THE STATEMENTS WERE MADE A SPONTANEOUS REACTION OR UTTERANCE INSPIRED BY EXCITEMENT OF THE OCCASION AND THERE WAS NO OPPORTUNITY FOR THE DECLARANT TO FABRICATE A FALSE STATEMENT. THE STATE MENT IS ONE UTTERED WITHOUT REFLECTION, INVOLUNTARILY, PERHAPS EVEN WITHOUT THE DECLARANTS AWARENESS OF HAVING UTTERED THE SAME. REQUISITES OF RES GESTAE: 1. THE STATEMENT MUST BE SPONTANEOUS; 2. MADE WHILE A STARTLING OCCURRENCE IS TAKING PLACE OR IMMEDIATELY PRIOR OR SUBSEQUENT THERETO; 3. IT MUST RELATE TO THE CIRCUMSTANCES OF THE STARTLING OCCURRENCE. DISTINGUISH RES GESTAE FROM DYING DECLARATION: 1. DYING DECLARATION ARE MADE ONLY AFTER THE HOMICIDAL ATTACK HAS BEEN COMMITTED; BUT IN RES GESTAE, THE STATEMENT MAY PRECEDE ACCOMPANY OR BE MADE AFTER THE HOMICIDAL ATTACK. 2. DYING DECLARATION ARE MADE ONLY BY THE VICTIM; WHILE STATEMENTS AS PART OF RES GESTAE MAY BE THAT OF THE KILLER HIMSELF OR THAT OF THE THIRD PERSON. 3. THE TRUSTWORTHINESS OF THE DYING DECLARATION IS BASED UPON ITS BEING GIVEN UNDER AN AWARENESS OF IMPENDING DEATH, WHILE ON RES GESTAE HAS ITS JUSTIFICATION ON THE SPONTANEITY OF THE STATEMENT. ENTRIES IN THE COURSE OF BUSINESS REQUISITES (BUSINESS ENTRIES RULE OR SHOP BOOK RULE) 1. THE PERSON MADE AN ENTRY; 2. THAT PERSON IS EITHER DEAD OR UNABLE TO TESTIFY 3. THE ENTRIES WERE MADE AT OR NEAR THE TIME OF THE TRANSACTION 4. THE ENTRANT WAS IN A POSITION TO KNOW THE FACTS STATED THEREIN 5. THE ENTRIES WERE MADE IN HIS PROFESSIONAL CAPACITY OR PERFORMANCE OF LEGAL, MORAL OR RELIGIOUS DUTIES. ENTRIES IN OFFICIAL RECORDS REQUISITES 1. AN ENTRY WAS MADE BY A PERSON; 2. HE IS A PUBLIC OFFICER OR ONE ENJOINED BY LAW TO DO SO; 3. IT WAS MADE IN THE PERFORMANCE OF DUTY; 4. THE ENTRANT HAD SUFFICIENT KNOWLEDGE OF THE FACTS STATED BY HIM OFTEN REPEATED STATEMENTS ON: 1. HANDWRITING EXPERTS 2. PARAFFIN TESTS 3. MEDICAL CERTIFICATE 4. POLYGRAPH EXAMINATION 5. TAPE RECORDINGS 6. DNA ETC. OPINION RULE SEC. 48.GENERAL RULE. — THE OPINION OF WITNESS IS NOT ADMISSIBLE, EXCEPT AS INDICATED IN THE FOLLOWING SECTIONS.

Compendium of Criminal Law and Jurisprudence (CLJ)

SEC. 49.OPINION OF EXPERT WITNESS. — THE OPINION OF A WITNESS ON A MATTER REQUIRING SPECIAL KNOWLEDGE, SKILL, EXPERIENCE OR TRAINING WHICH HE SHOWN TO POSSES, MAY BE RECEIVED IN EVIDENCE. SEC. 50.OPINION OF ORDINARY WITNESSES. — THE OPINION OF A WITNESS FOR WHICH PROPER BASIS IS GIVEN, MAY BE RECEIVED IN EVIDENCE REGARDING — a. THE IDENTITY OF A PERSON ABOUT WHOM HE HAS ADEQUATE KNOWLEDGE; b. A HANDWRITING WITH WHICH HE HAS SUFFICIENT FAMILIARITY; AND c. THE MENTAL SANITY OF A PERSON WITH WHOM HE IS SUFFICIENTLY ACQUAINTED. THE WITNESS MAY ALSO TESTIFY ON HIS IMPRESSIONS OF THE EMOTION, BEHAVIOR, CONDITION OR APPEARANCE OF A PERSON. CHARACTER EVIDENCE SEC. 51.CHARACTER EVIDENCE NOT GENERALLY ADMISSIBLE; EXCEPTIONS: — IN CRIMINAL CASES: 1. THE ACCUSED MAY PROVE HIS GOOD MORAL CHARACTER WHICH IS PERTINENT TO THE MORAL TRAIT INVOLVED IN THE OFFENSE CHARGED. 2. UNLESS IN REBUTTAL, THE PROSECUTION MAY NOT PROVE HIS BAD MORAL CHARACTER WHICH IS PERTINENT TO THE MORAL TRAIT INVOLVED IN THE OFFENSE CHARGED. 3. THE GOOD OR BAD MORAL CHARACTER OF THE OFFENDED PARTY MAY BE PROVED IF IT TENDS TO ESTABLISH IN ANY REASONABLE DEGREE THE PROBABILITY OR IMPROBABILITY OF THE OFFENSE CHARGED. RULE 131 - BURDEN OF PROOF AND PRESUMPTIONS SECTION 1.BURDEN OF PROOF. — BURDEN OF PROOF IS THE DUTY OF A PARTY TO PRESENT EVIDENCE ON THE FACTS IN ISSUE NECESSARY TO ESTABLISH HIS CLAIM OR DEFENSE BY THE AMOUNT OF EVIDENCE REQUIRED BY LAW. BURDEN OF PROOF (ONUS PROBANDI), DEFINED- IT IS THE DUTY OF A PARTY TO PRESENT EVIDENCE ON THE FACTS IN ISSUE NECESSARY TO ESTABLISH HIS CLAIM OR DEFENSE. BURDEN OF PROOF (ONUS PROBANDI) VS BURDEN OF EVIDENCE (ONUS EVIDENTIAE) BURDEN OF PROOF BURDEN OF EVIDENCE 1. BURDEN OF PROOF DOES NOT SHIFT BECAUSE BURDEN OF EVIDENCE SHIFTS FROM ONE IT REMAINS WITH THE PARTY UPON WHOM IT PARTY TO ANOTHER IS IMPOSED 2. BURDEN OF PROOF IS DETERMINED BY THE BURDEN OF EVIDENCE IS DETERMINED BY PLEADINGS FILED BY THE PARTY THE DEVELOPMENT AT THE TRIAL SEC. 2.CONCLUSIVE PRESUMPTIONS. — THE FOLLOWING ARE INSTANCES OF CONCLUSIVE PRESUMPTIONS: a. WHENEVER A PARTY HAS, BY HIS OWN DECLARATION, ACT, OR OMISSION, INTENTIONALLY AND DELIBERATELY LED TO ANOTHER TO BELIEVE A PARTICULAR THING TRUE, AND TO ACT UPON SUCH BELIEF, HE CANNOT, IN ANY LITIGATION ARISING OUT OF SUCH DECLARATION, ACT OR OMISSION, BE PERMITTED TO FALSIFY IT: b. THE TENANT IS NOT PERMITTED TO DENY THE TITLE OF HIS LANDLORD AT THE TIME OF COMMENCEMENT OF THE RELATION OF LANDLORD AND TENANT BETWEEN THEM. SEC. 3.DISPUTABLE PRESUMPTIONS. — THE FOLLOWING PRESUMPTIONS ARE SATISFACTORY IF UNCONTRADICTED, BUT MAY BE CONTRADICTED AND OVERCOME BY OTHER EVIDENCE: a. THAT A PERSON IS INNOCENT OF CRIME OR WRONG; b. THAT AN UNLAWFUL ACT WAS DONE WITH AN UNLAWFUL INTENT; c. THAT A PERSON INTENDS THE ORDINARY CONSEQUENCES OF HIS VOLUNTARY ACT; d. THAT A PERSON TAKES ORDINARY CARE OF HIS CONCERNS; e. THAT EVIDENCE WILLFULLY SUPPRESSED WOULD BE ADVERSE IF PRODUCED; f. THAT MONEY PAID BY ONE TO ANOTHER WAS DUE TO THE LATTER; g. THAT A THING DELIVERED BY ONE TO ANOTHER BELONGED TO THE LATTER; h. THAT AN OBLIGATION DELIVERED UP TO THE DEBTOR HAS BEEN PAID; i. THAT PRIOR RENTS OR INSTALLMENTS HAD BEEN PAID WHEN A RECEIPT FOR THE LATER ONE IS PRODUCED; j. THAT A PERSON FOUND IN POSSESSION OF A THING TAKEN IN THE DOING OF A RECENT WRONGFUL ACT IS THE TAKER AND THE DOER OF THE WHOLE ACT; OTHERWISE, THAT THINGS WHICH A PERSON POSSESS, OR EXERCISES ACTS OF OWNERSHIP OVER, ARE OWNED BY HIM; k. THAT OFFICIAL DUTY HAS BEEN REGULARLY PERFORMED; l. THAT AFTER AN ABSENCE OF SEVEN YEARS, (7) IT BEING UNKNOWN WHETHER OR NOT THE ABSENTEE STILL LIVES, HE IS CONSIDERED DEAD FOR ALL PURPOSES, EXCEPT FOR THOSE OF SUCCESSION. PRESUMPTION OF LAW- IS KNOWN AS PRESUMPTION PRESUMTIONES JURIS. THEY ARE THE CONCLUSIVE (JURIS ET DE JURE) AND DISPUTABLE PRESUMPTIONS (PRESUMPTION JURIS TANTUM). PRESUMPTION OF FACT IS KNOWN AS PRESUMTIONES HOMINIS QUANTUM OF PROOF REQUIRED IN DIFFERENT CASES TYPE OF PROCEEDINGS QUANTUM OF PROOF REQUIRED 1. CIVIL CASES PREPONDERANCE OF EVIDENCE 2. ADMINISTRATIVE CASES, LABOR CASES SUBSTANTIAL EVIDENCE 3. CRIMINAL CASES PROOF BEYOND REASONABLE DOUBT 4. OTHER CASES CLEAR AND CONVINCING EVIDENCE PREPONDERANCE OF EVIDENCE- IT MEANS THAT THE TESTIMONY ADDUCED BY ONE SIDE IS MORE CREDIBLE AND CONCLUSIVE THAN THAT OF THE OTHER, OR THE EVIDENCE AS A WHOLE, ADDUCED BY ONE SIDE IS SUPERIOR TO THE OTHER. IT IS NOT MEANT THE MERE NUMERICAL Compendium of Criminal Law and Jurisprudence (CLJ)

ARRAY OF WITNESSES, BUT IT MEANS THE WEIGHT, CREDIT AND VALUE OF THE AGGREGATE EVIDENCE ON EITHER SIDE. SUBSTANTIAL EVIDENCE- SUCH RELEVANT EVIDENCE AS A REASONABLE MIND MIGHT ACCEPT AS ADEQUATE TO SUPPORT A CONCLUSION. CLEAR AND CONVINCING EVIDENCE- IS EVIDENCE MORE THAN PREPONDERANCE OF EVIDENCE BUT LESS THAN PROOF BEYOND REASONABLE DOUBT. IT IS THE QUANTUM REQUIRED TO PROVE INSANITY, PATERNITY OR FILIATION, SELF-DEFENSE AMONG OTHERS. RULE 132 - PRESENTATION OF EVIDENCE EXAMINATION OF WITNESSES SECTION 1.EXAMINATION TO BE DONE IN OPEN COURT . — THE EXAMINATION OF WITNESSES PRESENTED IN A TRIAL OR HEARING SHALL BE DONE IN OPEN COURT, AND UNDER OATH OR AFFIRMATION. UNLESS THE WITNESS IS INCAPACITATED TO SPEAK, OR THE QUESTIONS CALL FOR A DIFFERENT MODE OF ANSWER, THE ANSWERS OF THE WITNESS SHALL BE GIVEN ORALLY. SEC.2.PROCEEDINGS TO BE RECORDED. — THE ENTIRE PROCEEDINGS OF A TRIAL OR HEARING, INCLUDING THE QUESTIONS PROPOUNDED TO A WITNESS AND HIS ANSWERS THERETO, THE STATEMENTS MADE BY THE JUDGE OR ANY OF THE PARTIES, COUNSEL, OR WITNESSES WITH REFERENCE TO THE CASE, SHALL BE RECORDED BY MEANS OF SHORTHAND OR STENOTYPE OR BY OTHER MEANS OF RECORDING FOUND SUITABLE BY THE COURT. A TRANSCRIPT OF THE RECORD OF THE PROCEEDINGS MADE BY THE OFFICIAL STENOGRAPHER, STENOTYPIST OR RECORDER AND CERTIFIED AS CORRECT BY HIM SHALL BE DEEMED PRIMA FACIE A CORRECT STATEMENT OF SUCH PROCEEDINGS. SEC. 3.RIGHTS AND OBLIGATIONS OF A WITNESS. — A WITNESS MUST ANSWER QUESTIONS, ALTHOUGH HIS ANSWER MAY TEND TO ESTABLISH A CLAIM AGAINST HIM. HOWEVER, IT IS THE RIGHT OF A WITNESS: 1. TO BE PROTECTED FROM IRRELEVANT, IMPROPER, OR INSULTING QUESTIONS, AND FROM HARSH OR INSULTING DEMEANOR; 2. NOT TO BE DETAINED LONGER THAN THE INTERESTS OF JUSTICE REQUIRE; 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 UNLESS OTHERWISE PROVIDED BY LAW; OR THIS IS THE RIGHT OF THE PERSON AGAINST SELF INCRIMINATION. BUT IT IS NOT SELF EXECUTING OR AUTOMATICALLY OPERATIONAL. IT MUST BE CLAIMED. OTHERWISE IT IS CONSIDERED WAIVED, AS BY FAILURE TO CLAIM IT AT THE APPROPRIATE TIME. HENCE, THE ACCUSED MUST ACTIVELY INVOKE IT. THE PROPER TIME TO INVOKE IT IS WHEN A QUESTION CALLING FOR INCRIMINATING ANSWER IS ASKED. NOTE ALSO THAT IT APPLIES TO TESTIMONIAL COMPULSION ONLY. (5)NOT TO GIVE AN ANSWER WHICH WILL TEND TO DEGRADE HIS REPUTATION, UNLESS IT TO BE THE VERY FACT AT ISSUE OR TO A FACT FROM WHICH THE FACT IN ISSUE WOULD BE PRESUMED. BUT A WITNESS MUST ANSWER TO THE FACT OF HIS PREVIOUS FINAL CONVICTION FOR AN OFFENSE. SEC. 4.ORDER IN THE EXAMINATION OF AN INDIVIDUAL WITNESS. — THE ORDER IN WHICH THE INDIVIDUAL WITNESS MAY BE EXAMINED IS AS FOLLOWS; a. DIRECT EXAMINATION BY THE PROPONENT; (ALSO KNOWN AS EXAMINATION IN CHIEF) b. CROSS-EXAMINATION BY THE OPPONENT; c. RE-DIRECT EXAMINATION BY THE PROPONENT; d. RE-CROSS-EXAMINATION BY THE OPPONENT. SEC. 5.DIRECT EXAMINATION. — DIRECT EXAMINATION IS THE EXAMINATION-IN-CHIEF OF A WITNESS BY THE PARTY PRESENTING HIM ON THE FACTS RELEVANT TO THE ISSUE. SEC. 6.CROSS-EXAMINATION; ITS PURPOSE AND EXTENT. — UPON THE TERMINATION OF THE DIRECT EXAMINATION, THE WITNESS MAY BE CROSS-EXAMINED BY THE ADVERSE PARTY AS TO MANY MATTERS STATED IN THE DIRECT EXAMINATION, OR CONNECTED THEREWITH, WITH SUFFICIENT FULLNESS AND FREEDOM TO TEST HIS ACCURACY AND TRUTHFULNESS AND FREEDOM FROM INTEREST OR BIAS, OR THE REVERSE, AND TO ELICIT ALL IMPORTANT FACTS BEARING UPON THE ISSUE. SEC. 7.RE-DIRECT EXAMINATION; ITS PURPOSE AND EXTENT. —AFTER THE CROSS-EXAMINATION OF THE WITNESS HAS BEEN CONCLUDED, HE MAY BE RE-EXAMINED BY THE PARTY CALLING HIM, TO EXPLAIN OR SUPPLEMENT HIS ANSWERS GIVEN DURING THE CROSS -EXAMINATION. ON REDIRECT-EXAMINATION, QUESTIONS ON MATTERS NOT DEALT WITH DURING THE CROSS EXAMINATION, MAY BE ALLOWED BY THE COURT IN ITS DISCRETION. SEC. 8.RE-CROSS-EXAMINATION. — UPON THE CONCLUSION OF THE RE-DIRECT EXAMINATION, THE ADVERSE PARTY MAY RE-CROSS-EXAMINE THE WITNESS ON MATTERS STATED IN HIS RE-DIRECT EXAMINATION, AND ALSO ON SUCH OTHER MATTERS AS MAY BE ALLOWED B Y THE COURT IN ITS DISCRETION. SEC. 9.RECALLING WITNESS. — AFTER THE EXAMINATION OF A WITNESS BY BOTH SIDES HAS BEEN CONCLUDED, THE WITNESS CANNOT BE RECALLED WITHOUT LEAVE OF THE COURT. THE COURT WILL GRANT OR WITHHOLD LEAVE IN ITS DISCRETION, AS THE INTERESTS OF JUSTICE MAY REQUIRE. SEC. 10. LEADING AND MISLEADING QUESTIONS. — A QUESTION WHICH SUGGESTS TO THE WITNESS THE ANSWER WHICH THE EXAMINING PARTY DESIRES IS A LEADING QUESTION. IT IS NOT ALLOWED, EXCEPT: a. ON CROSS EXAMINATION; b. ON PRELIMINARY MATTERS;

Compendium of Criminal Law and Jurisprudence (CLJ)

c. d. e.

WHEN THERE IS A DIFFICULTY IS GETTING DIRECT AND INTELLIGIBLE ANSWERS FROM A WITNESS WHO IS IGNORANT, OR A CHILD OF TENDER YEARS, OR IS OF FEEBLE MIND, OR A DEAF-MUTE; OF AN UNWILLING OR HOSTILE WITNESS; OR OF A WITNESS WHO IS AN ADVERSE PARTY OR AN OFFICER, DIRECTOR, OR MANAGING AGENT OF A PUBLIC OR PRIVATE CORPORATION OR OF A PARTNERSHIP OR ASSOCIATION WHICH IS AN ADVERSE PARTY.

A MISLEADING QUESTIONIS ONE WHICH ASSUMES AS TRUE A FACT NOT YET TESTIFIED TO BY THE WITNESS, OR CONTRARY TO THAT WHICH HE HAS PREVIOUSLY STATED. IT IS NOT ALLOWED. SEC. 11.IMPEACHMENT OF ADVERSE PARTY'S WITNESS. — A WITNESS MAY BE IMPEACHED BY THE PARTY AGAINST WHOM HE WAS CALLED, BY: 1. CONTRADICTORY EVIDENCE, 2. BY EVIDENCE THAT HIS GENERAL REPUTATION FOR TRUTH, HONESTLY, OR INTEGRITY IS BAD, OR 3. BY EVIDENCE THAT HE HAS MADE AT OTHER TIMES STATEMENTS INCONSISTENT WITH HIS PRESENT, TESTIMONY, BUT NOT BY EVIDENCE OF PARTICULAR WRONGFUL ACTS, EXCEPT THAT IT MAY BE SHOWN BY THE EXAMINATION OF THE WITNESS, OR THE RECORD OF THE JUDGMENT, THAT HE HAS BEEN CONVICTED OF AN OFFENSE. SEC. 12. PARTY MAY NOT IMPEACH HIS OWN WITNESS. — EXCEPT WITH RESPECT TO WITNESSES REFERRED TO IN PARAGRAPHS D (UNWILLING OR HOSTILE WITNESS) AND E (WITNESS WHO IS ADVERSE PARTY) OF SECTION 10, THE PARTY PRODUCING A WITNESS IS NOT ALLOWED TO IMPEACH HIS CREDIBILITY. A WITNESS MAY BE CONSIDERED AS UNWILLING OR HOSTILE ONLY IF SO DECLARED BY THE COURT UPON ADEQUATE SHOWING OF HIS ADVERSE INTEREST, UNJUSTIFIED RELUCTANCE TO TESTIFY, OR HIS HAVING MISLED THE PARTY INTO CALLING HIM TO THE WITNESS STAND. THE UNWILLING OR HOSTILE WITNESS SO DECLARED, OR THE WITNESS WHO IS AN ADVERSE PARTY, MAY BE IMPEACHED BY THE PARTY PRESENTING HIM IN ALL RESPECTS AS IF HE HAD BEEN CALLED BY THE ADVERSE PARTY, EXCEPT BY EVIDENCE OF HIS BAD CHARACTER. HE MAY ALSO BE IMPEACHED AND CROSS-EXAMINED BY THE ADVERSE PARTY, BUT SUCH CROSSEXAMINATION MUST ONLY BE ON THE SUBJECT MATTER OF HIS EXAMINATION-IN-CHIEF. SEC. 13 .HOW WITNESS IMPEACHED BY EVIDENCE OF INCONSISTENT STATEMENTS. — BEFORE A WITNESS CAN BE IMPEACHED BY EVIDENCE THAT HE HAS MADE AT OTHER TIMES STATEMENTS INCONSISTENT WITH HIS PRESENT TESTIMONY, THE STATEMENTS MUST BE RELATED TO HIM, WITH THE CIRCUMSTANCES OF THE TIMES AND PLACES AND THE PERSONS PRESENT, AND HE MUST BE ASKED WHETHER HE MADE SUCH STATEMENTS, AND IF SO, ALLOWED TO EXPLAIN THEM. IF THE STATEMENTS BE IN WRITING THEY MUST BE SHOWN TO THE WITNESS B EFORE ANY QUESTION IS PUT TO HIM CONCERNING THEM. (THIS SECTION IS KNOWN AS LAYING THE PREDICATE) SEC. 14.EVIDENCE OF GOOD CHARACTER OF WITNESS. — EVIDENCE OF THE GOOD CHARACTER OF A WITNESS IS NOT ADMISSIBLE UNTIL SUCH CHARACTER HAS BEEN IMPEACHED. SEC. 15.EXCLUSION AND SEPARATION OF WITNESSES. — ON ANY TRIAL OR HEARING, THE JUDGE MAY EXCLUDE FROM THE COURT ANY WITNESS NOT AT THE TIME UNDER EXAMINATION, SO THAT HE MAY NOT HEAR THE TESTIMONY OF OTHER WITNESSES. THE JUDGE MAY ALSO CAUSE WITNESSES TO BE KEPT SEPARATE AND TO BE PREVENTED FROM CONVERSING WITH ONE ANOTHER UNTIL ALL SHALL HAVE BEEN EXAMINED. SEC. 16.WHEN WITNESS MAY REFER TO MEMORANDUM. — 1. A WITNESS MAY BE ALLOWED TO REFRESH HIS MEMORY RESPECTING A FACT, BY ANYTHING WRITTEN OR RECORDED BY HIMSELF OR UNDER HIS DIRECTION AT THE TIME WHEN THE FACT OCCURRED, OR IMMEDIATELY THEREAFTER, OR AT ANY OTHER TIME WHEN THE FACT WAS FRESH IN HIS MEMORY AND KNEW THAT THE SAME WAS CORRECTLY WRITTEN OR RECORDED (THIS IS KNOWN AS PRESENT RECOLLECTION REVIVED); BUT IN SUCH CASE THE WRITING OR RECORD MUST BE PRODUCED AND MAY BE INSPECTED BY THE ADVERSE PARTY, WHO MAY, IF HE CHOOSES, CROSS EXAMINE THE WITNESS UPON IT, AND MAY READ IT IN EVIDENCE. 2. A WITNESS MAY TESTIFY FROM SUCH WRITING OR RECORD, THOUGH HE RETAIN NO RECOLLECTION OF THE PARTICULAR FACTS, IF HE IS ABLE TO SWEAR THAT THE WRITING OR RECORD CORRECTLY STATED THE TRANSACTION WHEN MADE; BUT SUCH EVIDENCE MUST BE RECEIVED WITH CAUTION (THIS IS KNOWN AS PAST RECOLLECTION RECORDED). SEC. 17.WHEN PART OF TRANSACTION, WRITING OR RECORD GIVEN IN EVIDENCE, THE REMAINDER, ADMISSIBLE. — WHEN PART OF AN ACT, DECLARATION, CONVERSATION, WRITING OR RECORD IS GIVEN IN EVIDENCE BY ONE PARTY, THE WHOLE OF THE SAME SUBJECT MAY BE INQUIRED INTO BY THE OTHER, AND WHEN A DETACHED ACT, DECLARATION, CONVERSATION, WRITING OR RECORD IS GIVEN IN EVIDENCE, ANY OTHER ACT, DECLARATION, CONVERSATION, WRITING OR RECORD NECESSARY TO ITS UNDERSTANDING MAY ALSO BE GIVEN IN EVIDENCE. (THIS IS KNOWN AS THE OPEN YOUR DOOR POLICY OR THE COMPLETENESS RULE). SEC. 18.RIGHT TO RESPECT WRITING SHOWN TO WITNESS. — WHENEVER A WRITING IS SHOWN TO A WITNESS, IT MAY BE INSPECTED BY THE ADVERSE PARTY. PROPER ORDER IN THE EXAMINATION OF A WITNESS 1. DIRECT EXAMINATION BY THE PROPONENT- DIRECT EXAMINATION IS THE EXAMINATION IN CHIEF OF A WITNESS BY THE PARTY PRESENTING HIM ON THE FACTS RELEVANT TO THE ISSUE. 2. CROSS EXAMINATION- A MODE OF PROCEDURE TO TEST THE TRUTH OF THE STATEMENTS MADE BY A WITNESS UNDER DIRECT EXAMINATION BY TESTING THE RECOLLECTION, VERACITY, ACCURACY, HONESTY AND BIAS OR PREJUDICE OF A WITNESS, AND EXHIBIT THE IMPROBABILITIES OF HIS TESTIMONIES. 3. RE-DIRECT EXAMINATION- A PROCEDURE TO MEET AND ANSWER THE CROSS EXAMINATION, TO EXPLAIN OR SUPPLEMENT STATEMENTS MADE ON CROSS

Compendium of Criminal Law and Jurisprudence (CLJ)

4.

EXAMINATION WHICH TEND TO CREATE DOUBTS AND TO CONTRADICT MATTERS DRAWN FORTH ON DIRECT EXAMINATION. RE-CROSS EXAMINATION- A PROCEDURE BY WHICH A PARTY RE-EXAMINES THE WITNESS ON MATTER STATED IN HIS RE-DIRECT EXAMINATION.

LEADING QUESTIONS - IT IS A QUESTION WHICH SUGGESTS TO THE WITNESS THE ANSWER WHICH THE EXAMINING PARTY DESIRES TO HEAR. IT IS ONE BY WHICH THE ANSWER OF A WITNESS MAY BE RATHER AN ECHO TO THE QUESTION THAN A GENUINE RECOLLECTION OF EVENTS. AS A GENERAL RULE LEADING QUESTIONS ARE NOT ALLOWED. EXCEPTIONS TO THE RULE THAT LEADING QUESTIONS ARE NOT ALLOWED (IN THE FOLLOWING CASES LEADING QUESTIONS ARE NOW ALLOWED) 1. ON CROSS EXAMINATION; 2. ON PRELIMINARY MATTERS; 3. WHEN THERE IS DIFFICULTY IN GETTING FROM IGNORANT OR CHILD WITNESS, OR DEAF MUTE WITNESS A DIRECT AND INTELLIGIBLE ANSWER. 4. UNWILLING OR HOSTILE WITNESS 5. WITNESS WHO IS AN ADVERSE PARTY MISLEADING QUESTION DEFINED- IT IS ONE WHICH ASSUMES AS TRUE A FACT NOT YET TESTIFIED TO BY THE WITNESS, OR CONTRARY TO THAT WHICH HE HAS PREVIOUSLY STATED. MISLEADING QUESTIONS ARE NOT ALLOWED. WAYS OF IMPEACHING AN ADVERSE PARTY WITNESS: A PARTY MAY IMPEACH THE WITNESS AGAINST HIM BY: 1. CONTRADICTORY EVIDENCE; 2. EVIDENCE OF PRIOR INCONSISTENT STATEMENT; 3. EVIDENCE OF HIS BAD CHARACTER. REVIVAL OF PRESENT MEMORY OR PRESENT RECOLLECTION REVIVED- A RULE WHICH ALLOWS A WITNESS TO REFER TO A MEMORANDUM FOR THE PURPOSE OF REFRESHING HIS MEMORY RESPECTING A FACT PROVIDED: REVIVAL OF PRESENT RECOLLECTION OR PAST RECOLLECTION RECORDED - A RULE WHICH ALLOWS A WITNESS TO TESTIFY FROM A MEMORANDUM OR WRITING, THOUGH HE RETAINS NO RECOLLECTION OF PARTICULAR FACTS, IF HE IS ABLE TO SWEAR THAT THE WRITING CORRECTLY STATED THE TRANSACTION WHEN MADE. HOW THE GENUINESS OF A HANDWRITING IS BE PROVED: IT MAY BE PROVED: 1. BY ANYONE WHO SAW THE DOCUMENT EXECUTED OR WRITTEN; OR 2. BY EVIDENCE OF THE GENUINESS OF THE SIGNATURE OR HANDWRITING OF THE MAKER AUTHENTICATION AND PROOF OF DOCUMENTS SEC. 19.CLASSES OF DOCUMENTS. — FOR THE PURPOSE OF THEIR PRESENTATION EVIDENCE, DOCUMENTS ARE EITHER PUBLIC OR PRIVATE. PUBLIC DOCUMENTS ARE: a. THE WRITTEN OFFICIAL ACTS, OR RECORDS OF THE OFFICIAL ACTS OF THE SOVEREIGN AUTHORITY, OFFICIAL BODIES AND TRIBUNALS, AND PUBLIC OFFICERS, WHETHER OF THE PHILIPPINES, OR OF A FOREIGN COUNTRY; b. DOCUMENTS ACKNOWLEDGE BEFORE A NOTARY PUBLIC EXCEPT LAST WILLS AND TESTAMENTS; AND c. PUBLIC RECORDS, KEPT IN THE PHILIPPINES, OF PRIVATE DOCUMENTS REQUIRED BY LAW TO THE ENTERED THEREIN. SEC. 20. PROOF OF PRIVATE DOCUMENT. — BEFORE ANY PRIVATE DOCUMENT OFFERED AS AUTHENTIC IS RECEIVED IN EVIDENCE, ITS DUE EXECUTION AND AUTHENTICITY MUST BE PROVED EITHER: a. BY ANYONE WHO SAW THE DOCUMENT EXECUTED OR WRITTEN; LIBRARY b. BY EVIDENCE OF THE GENUINENESS OF THE SIGNATURE OR HANDWRITING OF THE MAKER. ANY OTHER PRIVATE DOCUMENT NEED ONLY BE IDENTIFIED AS THAT WHICH IT IS CLAIMED TO BE. SEC. 21.WHEN EVIDENCE OF AUTHENTICITY OF PRIVATE DOCUMENT NOT NECESSARY. — WHERE A PRIVATE DOCUMENT IS MORE THAN THIRTY YEARS OLD, IS PRODUCED FROM THE CUSTODY IN WHICH IT WOULD NATURALLY BE FOUND IF GENUINE, AND I S UNBLEMISHED BY ANY ALTERATIONS OR CIRCUMSTANCES OF SUSPICION, NO OTHER EVIDENCE OF ITS AUTHENTICITY NEED BE GIVEN(THIS IS KNOWN AS ANCIENT DOCUMENT RULE) SEC. 22.HOW GENUINENESS OF HANDWRITING PROVED. — THE HANDWRITING OF A PERSON MAY BE PROVED: 1. BY ANY WITNESS WHO BELIEVES IT TO BE THE HANDWRITING OF SUCH PERSON BECAUSE HE HAS SEEN THE PERSON WRITE, OR 2. BY A WITNESS WHO HAS SEEN WRITING PURPORTING TO BE HIS UPON WHICH THE WITNESS HAS ACTED OR BEEN CHARGED, AND HAS THUS ACQUIRED KNOWLEDGE OF THE HANDWRITING OF SUCH PERSON. EVIDENCE RESPECTING THE HANDWRITING MAY ALSO BE GIVEN 3. BY A COMPARISON, MADE BY THE WITNESS OR THE COURT, WITH WRITINGS ADMITTED OR TREATED AS GENUINE BY THE PARTY AGAINST WHOM THE EVIDENCE IS OFFERED, OR PROVED TO BE GENUINE TO THE SATISFACTION OF THE JUDGE. SEC. 23.PUBLIC DOCUMENTS AS EVIDENCE. — DOCUMENTS CONSISTING OF ENTRIES IN PUBLIC RECORDS MADE IN THE PERFORMANCE OF A DUTY BY A PUBLIC OFFICER ARE PRIMA FACIE EVIDENCE OF THE FACTS THEREIN STATED. ALL OTHER PUBLIC DOCUMENTS ARE EVIDENCE, EVEN AGAINST A THIRD PERSON, OF THE FACT WHICH GAVE RISE TO THEIR EXECUTION AND OF THE DATE OF THE LATTER. SEC. 24. PROOF OF OFFICIAL RECORD. — THE RECORD OF PUBLIC DOCUMENTS REFERRED TO IN PARAGRAPH (A) OF SECTION 19, WHEN ADMISSIBLE FOR ANY PURPOSE, MAY BE EVIDENCED BY 1. AN OFFICIAL PUBLICATION THEREOF OR 2. BY A COPY ATTESTED BY THE OFFICER HAVING THE

Compendium of Criminal Law and Jurisprudence (CLJ)

LEGAL CUSTODY OF THE RECORD, OR 3. BY HIS DEPUTY, AND ACCOMPANIED, IF THE RECORD IS NOT KEPT IN THE PHILIPPINES, WITH A CERTIFICATE THAT SUCH OFFICER HAS THE CUSTODY. IF THE OFFICE IN WHICH THE RECORD IS KEPT IS IN FOREIGN COUNTRY, THE CERTIFICATE MAY BE MADE BY A SECRETARY OF THE EMBASSY OR LEGATION, CONSUL GENERAL, CONSUL, VICE CONSUL, OR CONSULAR AGENT OR BY ANY OFFICER IN THE FOREIGN S ERVICE OF THE PHILIPPINES STATIONED IN THE FOREIGN COUNTRY IN WHICH THE RECORD IS KEPT, AND AUTHENTICATED BY THE SEAL OF HIS OFFICE. SEC. 25.WHAT ATTESTATION OF COPY MUST STATE. — WHENEVER A COPY OF A DOCUMENT OR RECORD IS ATTESTED FOR THE PURPOSE OF EVI DENCE, THE ATTESTATION MUST STATE, IN SUBSTANCE, THAT THE COPY IS A CORRECT COPY OF THE ORIGINAL, OR A SPECIFIC PART THEREOF, AS THE CASE MAY BE. THE ATTESTATION MUST BE UNDER THE OFFICIAL SEAL OF THE ATTESTING OFFICER, IF THERE BE ANY, OR IF HE BE THE CLE RK OF A COURT HAVING A SEAL, UNDER THE SEAL OF SUCH COURT. SEC. 26.IRREMOVABILITY OF PUBLIC RECORD. — ANY PUBLIC RECORD, AN OFFICIAL COPY OF WHICH IS ADMISSIBLE IN EVIDENCE, MUST NOT BE REMOVED FROM THE OFFICE IN WHICH IT IS KEPT, EXCEPT UPON ORDER OF A COURT WHERE THE INSPECTION OF THE RECORD IS ESSENTIAL TO THE JUST DETERMINATION OF A PENDING CASE. SEC. 27.PUBLIC RECORD OF A PRIVATE DOCUMENT . — AN AUTHORIZED PUBLIC RECORD OF A PRIVATE DOCUMENT MAY BE PROVED 1. BY THE ORIGINAL RECORD, OR 2. BY A COPY THEREOF, ATTESTED BY THE LEGAL CUSTODIAN OF THE RECORD, WITH AN APPROPRIATE CERTIFICATE THAT SUCH OFFICER HAS THE CUSTODY. SEC. 28.PROOF OF LACK OF RECORD. — A WRITTEN STATEMENT SIGNED BY AN OFFICER HAVING THE CUSTODY OF AN OFFICIAL RECORD OR BY HIS DEPUTY THAT AFTER DILIGENT SEARCH NO RECORD OR ENTRY OF A SPECIFIED TENOR IS FOUND TO EXIST IN THE RECORDS OF HIS OFFICE, ACCOMPANIED BY A CERTIFICATE AS ABOVE PROVIDED, IS ADMISSIBLE AS EVIDENCE THAT THE RECORDS OF HIS OFFICE CONTAIN NO SUCH RECORD OR ENTRY. SEC. 29.HOW JUDICIAL RECORD IMPEACHED. — ANY JUDICIAL RECORD MAY BE IMPEACHED BY EVIDENCE OF: (A) WANT OF JURISDICTION IN THE COURT OR JUDICIAL OFFICER, (B) COLLUSION BETWEEN THE PARTIES, OR (C) FRAUD IN THE PARTY OFFERING THE RECORD, IN RESPECT TO THE PROCEEDINGS. SEC. 30.PROOF OF NOTARIAL DOCUMENTS. — EVERY INSTRUMENT DULY ACKNOWLEDGED OR PROVED AND CERTIFIED AS PROVIDED BY LAW, MAY BE PRESENTED IN EVIDENCE WITHOUT FURTHER PROOF, THE CERTIFICATE OF ACKNOWLEDGMENT BEING PRIMA FACIE EVIDENCE OF THE EXECUTION OF THE INSTRUMENT OR DOCUMENT INVOLVED. SEC. 31.ALTERATION IN DOCUMENT, HOW TO EXPLAIN. — THE PARTY PRODUCING A DOCUMENT AS GENUINE WHICH HAS BEEN ALTERED AND APPEARS TO HAVE BEEN ALTERED AFTER ITS EXECUTION, IN A PART MATERIAL TO THE QUESTION IN DISPUTE, MUST ACCOUNT FOR THE ALTERATION. HE MAY SHOW THAT THE ALTERATION WAS MADE BY ANOTHER, WITHOUT HIS CONCURRENCE, OR WAS MADE WITH THE CONSENT OF THE PARTIES AFFECTED BY IT, OR WAS OTHERWISE PROPERLY OR INNOCENT MADE, OR THAT THE ALTERATION DID NOT CH ANGE THE MEANING OR LANGUAGE OF THE INSTRUMENT. IF HE FAILS TO DO THAT, THE DOCUMENT SHALL NOT BE ADMISSIBLE IN EVIDENCE. SEC. 32.SEAL. — THERE SHALL BE NO DIFFERENCE BETWEEN SEALED AND UNSEALED PRIVATE DOCUMENTS INSOFAR AS THEIR ADMISSIBILITY AS EVIDENC E IS CONCERNED. SEC. 33.DOCUMENTARY EVIDENCE IN AN UNOFFICIAL LANGUAGE. — DOCUMENTS WRITTEN IN AN UNOFFICIAL LANGUAGE SHALL NOT BE ADMITTED AS EVIDENCE, UNLESS ACCOMPANIED WITH A TRANSLATION INTO ENGLISH OR FILIPINO. TO AVOID INTERRUPTION OF PROCEEDINGS, PARTIES OR THEIR ATTORNEYS ARE DIRECTED TO HAVE SUCH TRANSLATION PREPARED BEFORE TRIAL. C. OFFER AND OBJECTION SEC. 34.OFFER OF EVIDENCE. — THE COURT SHALL CONSIDER NO EVIDENCE WHICH HAS NOT BEEN FORMALLY OFFERED. THE PURPOSE FOR WHICH THE EVIDENCE IS O FFERED MUST BE SPECIFIED. SEC. 35.WHEN TO MAKE OFFER. — AS REGARDS THE TESTIMONY OF A WITNESS, THE OFFER MUST BE MADE AT THE TIME THE WITNESS IS CALLED TO TESTIFY. DOCUMENTARY AND OBJECT EVIDENCE SHALL BE OFFERED AFTER THE PRESENTATION OF A PARTY'S TESTIMONIAL EVIDENCE. SUCH OFFER SHALL BE DONE ORALLY UNLESS ALLOWED BY THE COURT TO BE DONE IN WRITING. SEC. 36.OBJECTION. — OBJECTION TO EVIDENCE OFFERED ORALLY MUST BE MADE IMMEDIATELY AFTER THE OFFER IS MADE. OBJECTION TO A QUESTION PROPOUNDED IN THE C OURSE OF THE ORAL EXAMINATION OF A WITNESS SHALL BE MADE AS SOON AS THE GROUNDS THEREFORE SHALL BECOME REASONABLY APPARENT. AN OFFER OF EVIDENCE IN WRITING SHALL BE OBJECTED TO WITHIN THREE (3) DAYS AFTER NOTICE UNLESS A DIFFERENT PERIOD IS ALLOWED BY THE COURT. IN ANY CASE, THE GROUNDS FOR THE OBJECTIONS MUST BE SPECIFIED. SEC. 37.WHEN REPETITION OF OBJECTION UNNECESSARY. — WHEN IT BECOMES REASONABLY APPARENT IN THE COURSE OF THE EXAMINATION OF A WITNESS THAT THE QUESTION BEING PROPOUNDED ARE OF THE SAME CLASS AS THOSE TO WHICH OBJECTION HAS BEEN MADE, WHETHER SUCH OBJECTION WAS SUSTAINED OR OVERRULED, IT SHALL NOT BE NECESSARY TO

Compendium of Criminal Law and Jurisprudence (CLJ)

REPEAT THE OBJECTION, IT BEING SUFFICIENT FOR THE ADVERSE PARTY TO RECORD HIS CONTINUING OBJECTION TO SUCH CLASS OF QUESTIONS. SEC. 38.RULING. — THE RULING OF THE COURT MUST BE GIVEN IMMEDIATELY AFTER THE OBJECTION IS MADE, UNLESS THE COURT DESIRES TO TAKE A REASONABLE TIME TO INFORM ITSELF ON THE QUESTION PRESENTED; BUT THE RULING SHALL ALWAYS BE MADE DURING THE TRIAL AND AT SUCH TIME AS WILL GIVE THE PARTY AGAINST WHOM IT IS MADE AN OPPORTUNITY TO MEET THE SITUATION PRESENTED BY THE RULING. THE REASON FOR SUSTAINING OR OVERRULING AN OBJECTION NEED NOT BE STATED. HOWEVER, IF THE OBJECTION IS BASED ON TWO OR MORE GROUNDS, A RULING SUSTAINING THE OBJECTION ON ONE OR SOME OF THEM MUST SPECIFY THE GROUND OR GROUNDS RELIED UPON. SEC. 39.STRIKING OUT ANSWER. — SHOULD A WITNESS ANSWER THE QUESTION BEFORE THE ADVERSE PARTY HAD THE OPPORTUNITY TO VOICE FULLY ITS OBJECTION TO THE SAM E, AND SUCH OBJECTION IS FOUND TO BE MERITORIOUS, THE COURT SHALL SUSTAIN THE OBJECTION AND ORDER THE ANSWER GIVEN TO BE STRICKEN OFF THE RECORD. ON PROPER MOTION, THE COURT MAY ALSO ORDER THE STRIKING OUT OF ANSWERS WHICH ARE INCOMPETENT, IRRELEVANT, OR OTHERWISE IMPROPER. SEC. 40.TENDER OF EXCLUDED EVIDENCE. — IF DOCUMENTS OR THINGS OFFERED IN EVIDENCE ARE EXCLUDED BY THE COURT, THE OFFEROR MAY HAVE THE SAME ATTACHED TO OR MADE PART OF THE RECORD. IF THE EVIDENCE EXCLUDED IS ORAL, THE OFFEROR MAY STATE FOR THE RECORD THE NAME AND OTHER PERSONAL CIRCUMSTANCES OF THE WITNESS AND THE SUBSTANCE OF THE PROPOSED TESTIMONY. RULE 133 - WEIGHT AND SUFFICIENCY OF EVIDENCE SECTION 1.PREPONDERANCE OF EVIDENCE, HOW DETERMINED. — IN CIVIL CASES, THE PARTY HAVING BURDEN OF PROOF MUST ESTABLISH HIS CASE BY A PREPONDERANCE OF EVIDENCE. IN DETERMINING WHERE THE PREPONDERANCE OR SUPERIOR WEIGHT OF EVIDENCE ON THE ISSUES INVOLVED LIES, THE COURT MAY CONSIDER: 1. ALL THE FACTS AND CIRCUMSTANCES OF THE CASE, 2. THE WITNESSES' MANNER OF TESTIFYING, 3. THEIR INTELLIGENCE, 4. THEIR MEANS AND OPPORTUNITY OF KNOWING THE FACTS TO WHICH THERE ARE TESTIFYING, 5. THE NATURE OF THE FACTS TO WHICH THEY TESTIFY, 6. THE PROBABILITY OR IMPROBABILITY OF THEIR TESTIMONY, 7. THEIR INTEREST OR WANT OF INTEREST, AND 8. ALSO THEIR PERSONAL CREDIBILITY SO FAR AS THE SAME MAY LEGITIMATELY APPEAR UPON THE TRIAL. 9. THE COURT MAY ALSO CONSIDER THE NUMBER OF WITNESSES, THOUGH THE PREPONDERANCE IS NOT NECESSARILY WITH THE GREATER NUMBER. SEC. 2. PROOF BEYOND REASONABLE DOUBT. — IN A CRIMINAL CASE, THE ACCUSED IS ENTITLED TO AN ACQUITTAL, UNLESS HIS GUILT IS SHOWN BEYOND REASONABLE DOUBT. PROOF BEYOND REASONABLE DOUBT DOES NOT MEAN SUCH A DEGREE OF PROOF, EXCLUDING POSSIBILITY OF ERROR, PRODUCES ABSOLUTE CERTAINLY. MORAL CERTAINLY ONLY IS REQUIRED, OR THAT DEGREE OF PROOF WHICH PRODUCES CONVICTION IN AN UNPREJUDICED MIND. SEC. 3. EXTRAJUDICIAL CONFESSION, NOT SUFFICIENT GROUND FOR CONVICTION. — AN EXTRAJUDICIAL CONFESSION MADE BY AN ACCUSED, SHALL NOT BE SUFFICIENT GR OUND FOR CONVICTION, UNLESS CORROBORATED BY EVIDENCE OF CORPUS DELICTI. SEC. 4.CIRCUMSTANTIAL EVIDENCE, WHEN SUFFICIENT. — CIRCUMSTANTIAL EVIDENCE IS SUFFICIENT FOR CONVICTION IF: a. b. c.

THERE IS MORE THAN ONE CIRCUMSTANCES; THE FACTS FROM WHICH THE INFERENCES ARE DERIVED ARE PROVEN; AND THE COMBINATION OF ALL THE CIRCUMSTANCES IS SUCH AS TO PRODUCE A CONVICTION BEYOND REASONABLE DOUBT.

SEC. 5.SUBSTANTIAL EVIDENCE. — IN CASES FILED BEFORE ADMINISTRATIVE OR QUASI -JUDICIAL BODIES, A FACT MAY BE DEEMED ESTABLISHED IF IT IS SUPPORTED BY SUBSTANTIAL EVIDENCE, OR THAT AMOUNT OF RELEVANT EVIDENCE WHICH A REASONABLE MIND MIGHT ACCEPT AS ADEQUATE TO JUSTIFY A CONCLUSION. SEC. 6.POWER OF THE COURT TO STOP FURTHER EVIDENCE. — THE COURT MAY STOP THE INTRODUCTION OF FURTHER TESTIMONY UPON ANY PARTICULAR POINT WHEN THE EVIDENCE UPON IT IS ALREADY SO FULL THAT MORE WITNESSES TO THE SAME POINT CANNOT BE REASONABLY EXPECTED TO BE ADDITIONALLY PERSUASIVE. BUT THIS POWER SHOULD BE EXERCISED WITH CAUTION. SEC. 7.EVIDENCE ON MOTION. — WHEN A MOTION IS BASED ON FACTS NOT APPEARING OF RECORD THE COURT MAY HEAR THE MATTER ON AFFIDAVITS OR DEPOSITION PRESENTED BY THE RESPECTIVE PARTIES, BUT THE COURT MAY DIRECT THAT THE MATTER BE HEARD WHOLLY OR PARTLY ON ORAL TESTIMONY OR DEPOSITIONS. PROOF BEYOND REASONABLE DOUBT- IN CRIMINAL CASE, THE ACCUSED IS ENTITLED TO AN ACQUITTAL, UNLESS HIS GUILT IS SHOWN BEYOND REASONABLE DOUBT. PROOF BEYOND REASONABLE DOUBT DOES NOT MEAN SUCH A DEGREE OF PROOF AS EXCLUDING POSSIBILITY OF ERROR, PRODUCES ABSOLUTE CERTAINTY. MORAL CERTAINTY IS REQUIRED OR THAT DEGREE OF PROOF WHICH PRODUCES CONVICTION IN AN UNPREJUDICED MIND

Compendium of Criminal Law and Jurisprudence (CLJ)

EXTRAJUCIAL CONFESSION + PROOF OF CORPUS DELICTI = CONVICTION AN EXTRAJUDICIAL CONFESSION MADE BY THE ACCUSED, SHALL NOT BE SUFFICI ENT GROUND FOR CONVICTION UNLESS CORROBORATED BY EVIDENCE OF CORPUS DELICTI. CORPUS DELICTI- CORPUS DELICTI MEANS THAT A CRIME HAS BEEN COMMITTED. IT IS NOT CORRECT TO SAY THAT CORPUS DELICTI REFERS TO THE BODY OF A MURDERED PERSON. SPECIFIC CRIME 1. MURDER, HOMICIDE KINDRED KIND 2. ARSON 3. THEFT 4.

ILLEGAL FIREARM

POSSESSION

AND

OF

CORPUS DELICTI BODY OF THE DEAD VICTIM OR THE FACT OF DEATH PROPERTY BURNED OR THE FACT OF BURNING FACT OF LOST (STOLEN PROPERTY PLUS FELONIOUS TAKING) FACT OF POSSESSING WITHOUT LICENSE (EXISTENCE OF UNLICENSED F/A WITH ANIMUS POSSIDENDI)

CREDIBILITY OF WITNESS- REFERS TO THE INTEGRITY, DISPOSITION AND INTENTION TO TELL THE TRUTH IN THE TESTIMONY HE HAS GIVEN. AT THE PLACE WHERE THE ACT WAS COMMITTED AT THE TIME OF ITS COMMISSION. CRIMINAL PROCEDURE - IS THE METHOD PRESCRIBED BY LAW FOR THE APPREHENSION AND PROSECUTION OF PERSONS ACCUSED OF ANY CRIMINAL OFFENSE, AND FOR THEIR PUNISHMENT, IN CASE OF CONVICTION. SYSTEMS OF CRIMINAL PROCEDURE: 1. INQUISITORIAL. – THE PROTECTION AND PROSECUTION OF OFFENDERS ARE NOT LEFT TO THE INITIATIVE OF PRIVATE PARTIES BUT TO THE OFFICIALS AND AGENTS OF THE LAW. 2. ACCUSATORIAL. – THE ACCUSATION IS EXERCISED BY EVERY CITIZEN OR BY A MEMBER OF THE GROUP TO WHICH THE INJURED PARTY BELONGS. AS THE ACTION IS A COMBAT BETWEEN THE PARTIES, THE SUPPOSED OFFENDER HAS THE RIGHT TO BE CONFRONTED BY HIS ACCUSER. THE BATTLE IN THE FORM OF A PUBLIC TRIAL IS JUDGED BY A MAGISTRATE WHO RENDERS THE VERDICT. 3. THE MIXED SYSTEM. – THIS IS A COMBINATION OF THE INQUISITORIAL AND THE ACCUSATORIAL SYSTEMS. THE EXAMINATION OF DEFENDANTS AND OTHER PERSONS BEFORE THE FILING OF THE COMPLAINT OR INFORMATION MAY BE INQUISITORIAL. AS A GENERAL RULE, A COURT PROCEEDING IN OUR JUDICIAL SET-UP IS ACCUSATORIAL OR ADVERSARY AND NOT INQUISITORIAL IN NATURE AS IT CONTEMPLATES TWO CONTENDING PARTIES BEFORE THE COURT WHICH HEARS THEM IMPARTIALLY AND RENDERS JUDGMENT ONLY AFTER TRIAL. JURISDICTION - IS THE AUTHORITY TO HEAR AND TRY A PARTICULAR OFFENSE AND IMPOSE THE PUNISHMENT FOR IT. THE GENERAL RULE IS THAT THE JURISDICTION OF A COURT IS DETERMINED BY (1) THE GEOGRAPHICAL LIMITS OF THE TERRITORY OVER WHICH IT PRESIDES, AND (2) THE ACTIONS (CIVIL AND CRIMINAL) IT IS EMPOWERED TO HEAR AND DECIDE. JURISDICTION IS CONFERRED BY LAW (BP 129, AS AMENDED). VENUE- IS THE GEOGRAPHICAL DIVISION ON WHICH AN ACTION IS BROUGHT TO TRIAL FOR CRIMINAL ACTION OR PROCEEDING. VENUE IS THE TERRITORIAL UNIT WHERE THE POWER OF THE COURT IS TO BE EXECUTED. BASIC COURT SYSTEM IN THE PHILIPPINES (A FOUR-LEVEL HIERARCHY): 1. FIRST LEVEL COURTS: METROPOLITAN TRIAL COURTS, THE MUNICIPAL TRIAL COURTS IN CITIES (OR MUNICIPALITIES) AND MUNICIPAL CIRCUIT TRIAL COURTS - THEY ARE ESSENTIALLY TRIAL COURTS. 2. SECOND LEVEL COURTS: REGIONAL TRIAL COURTS - IN EACH REGION, THERE IS A REGIONAL TRIAL COURT, COMPOSED OF SEVERAL BRANCHES.LIKE FIRST LEVEL COURTS, RTCS ARE TRIAL COURTS. 3. THIRD LEVEL COURTS: COURT OF APPEALS - IT CONSISTS OF A PRESIDING JUSTICE AND FIFTY ASSOCIATE JUSTICES WHO SHALL EXERCISE THEIR POWERS , FUNCTIONS, AND DUTIES, THROUGH SEVENTEEN (17) DIVISIONS, EACH COMPOSED OF THREE (3) MEMBERS. THE COURT MAY SIT EN BANC ONLY FOR THE PURPOSE OF EXERCISING ADMINISTRATIVE, CEREMONIAL, OR OTHER NON-ADJUDICATORY FUNCTIONS.UNLIKE MTC, ETC AND RTCS, COURT OF APPEALS IS ESSENTIALLY AN APPELLATE COURT (NOT A TRIAL COURT), REVIEWING CASES APPEALED TO IT WHICH MAY REVIEW QUESTIONS OF FACT OR MIXED QUESTIONS OF FACT AND LAW. 4. FOURTH LEVEL COURT: THE SUPREME COURTS - IT IS THE HIGHEST COURT OF THE LAND.LIKE COURT OF APPEALS, THE SUPREME COURT IS A REVIEW COURT BUT A COURT OF LAST RESORT, FOR NO APPEAL LIES FROM ITS JUDGMENTS AND FINAL ORDERS. SPECIAL COURTS: 1. THE SANDIGANBAYAN - KNOWN AS THE GRAFT COURT, IT IS A COLLEGIATE SPECIAL COURT WITH LIMITED JURISDICTION. 2. THE COURT OF TAX APPEALS - KNOWN AS THE TAX COURT, IT IS ALSO A COLLEGIATE SPECIAL COURT VESTED WITH JURISDICTION TO REVIEW DECISIONS OF THE COMMISSIONER OF CUSTOMS AND COMMISSIONER OF INTERNAL REVENUE. ITS DECISIONS ARE APPEALABLE TO THE COURT OF APPEALS. JURISDICTION OF COURTS IN CRIMINAL CASES: 1. METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS AND MUNICIPAL CIRCUIT TRIAL COURTS: a. EXCLUSIVE ORIGINAL JURISDICTION OVER ALL VIOLATIONS OF CITY OR MUNICIPAL ORDINANCES COMMITTED WITHIN THEIR RESPECTIVE TERRITORIAL JURISDICTION; b. EXCLUSIVE ORIGINAL JURISDICTION OVER ALL OFFENSES PUNISHABLE WITH IMPRISONMENT NOT EXCEEDING SIX (6) YEARS IRRESPECTIVE OF THE AMOUNT OF FINE, AND REGARDLESS OF OTHER IMPOSABLE ACCESSORY OR OTHER PENA LTIES, INCLUDING THE CIVIL LIABILITY ARISING FROM SUCH OFFENSES OR PREDICATED Compendium of Criminal Law and Jurisprudence (CLJ)

THEREON, IRRESPECTIVE OF KIND, NATURE, VALUE OR AMOUNT THEREOF; PROVIDED, HOWEVER, THAT IN OFFENSES INVOLVING DAMAGE TO PROPERTY THROUGH CRIMINAL NEGLIGENCE, THEY SHALL HAVE EXCLUSIVE ORIGINAL JURISDICTION THEREOF (SEC. 32, BP 129, AS AMENDED). 2. REGIONAL TRIAL COURTS: a. EXCLUSIVE ORIGINAL JURISDICTION IN ALL CRIMINAL CASES IN WHICH THE PENALTY PROVIDED BY LAW EXCEEDS 6 YEARS IMPRISONMENT AND ARE NOT WITHIN THE EXCLUSIVE JURISDICTION OF ANY COURT, TRIBUNAL OR BODY (SEC. 20, BP 129, AS AMENDED); b. ORIGINAL JURISDICTION IN ACTIONS AFFECTING AMBASSADORS AND OTHER PUBLIC MINISTERS AND CONSUL (SEC. 21, ID.) c. APPELLATE JURISDICTION OVER ALL CASES DECIDED BY FIRST LEVEL COURTS (MTCC, MTC, MCTC). 3. COURT OF APPEALS: EXCLUSIVE APPELLATE JURISDICTION OVER ALL FINAL JUDGMENTS, DECISIONS, RESOLUTIONS, ORDERS OR AWARDS OF REGIONAL TRIAL COURTS AND QUASI JUDICIAL AGENCIES, EXCEPT THOSE FALLING WITHIN THE APPELLATE JURISDICTION OF THE SUPREME COURT IN ACCORDANCE WITH THE CONSTITUTION (SEC. 9, BP 129, AS AMENDED). 4. SUPREME COURT: APPELLATE JURISDICTION OVER CASES DECIDED BY THE COURT OF APPEALS AND EXCLUSIVE APPELLATE JURISDICTION OVER CASES DECIDED BY THE REGIONAL TRIAL COURTS WHEN THE PENALTY IMPOSED BY IT IS DEATH (AUTOMATIC REVIEW), RECLUSION PERPETUA, OR LIFE IMPRISONMENT. 5. SANDIGANBAYAN: EXCLUSIVE ORIGINAL JURISDICTION IN ALL CASES INVOLVING: a. VIOLATION OF RA 3019, AS AMENDED, OTHERWISE KNOWN AS THE ANTI -GRAFT AND CORRUPT PRACTICES ACT, RA 1379 OTHERWISE KNOWN AS FORFEITURE IN FAVOR OF THE STATE ANY PROPERTY FOUND TO HAVE BEEN UNLAWFULLY ACQUIRED BY ANY PUBLIC OFFICER OR EMPLOYEE, AND CHAPTER II, SECTION 2, TITLE VII OF THE REVISED PENAL CODE. b. OTHER OFFENSES OR FELONIES COMMITTED BY PUBLIC OFFICERS AND EMPLOYEES IN RELATION TO THEIR OFFICE, INCLUDING THOSE EMPLOYED IN THE GOVERNMENT OWNED OR CONTROLLED CORPORATIONS, WHETHER SIMPLE OR COMPLEXED WITH OTHER CRIMES, WHERE THE PENALTY PRESCRIBED BY LAW IS HIGHER THAN PRISION CORRECCCIONAL OR IMPRISONMENT FOR SIX (6) YEARS, OR A FINE OF P6,000.00: PROVIDED, HOWEVER, THAT OFFENSES OR FELONIES MENTIONED IN THIS PARAGRAPH WHERE THE PENALTY PRESCRIBED BY LAW DOES NOT EXCEED PRISION CORRECCIONAL OR IMPRISONMENT FOR SIX (6) YEARS OR A FINE OF P6,000.00 SHALL BE TRIED BY THE PROPER REGIONAL TRIAL COURT, METROPOLITAN TRIAL COURT, MUNICIPAL TRIAL COURT AND MUNICIPAL CIRCUIT TRIAL COURT. c. OFFICIAL OF THE EXECUTIVE BRANCH OCCUPYING THE POSITIONS OF REGIONAL DIRECTOR AND HIGHER, OTHERWISE CLASSIFIED AS SALARY GRADE 27 AND HIGHER, SPECIALLY INCLUDING: (1) PROVINCIAL GOVERNOR, VICE GOVERNOR AND MEMBERS OF THE SP; (2) MAYOR, VICE MAYOR AND MEMBERS OF THE SP/SB; (3) OFFICIAL OF THE DIPLOMATIC SERVICE OCCUPYING THE POSITION OF THE CONSUL OR HIGHER; (4) ARMY AND AIR FORCE COLONELS AND NAVY CAPTAINS; (5) PROVINCIAL DIRECTOR OF THE PNP AND THOSE HOLDING THE RANK OF SENIOR SUPERINTENDENT; (6) CITY AND PROVINCIAL PROSECUTORS OR FISCALS; (7) PRESIDENT, DIRECTORS, TRUSTEES OR MANAGERS OF GOVERNMENT-OWNED CORPORATIONS, ETC. IF THE ACCUSED IS POSSESSING A SALARY GRADE LOWER THAN GRADE 27, THEN HIS CASE SHALL BE BROUGHT TO THE PROPER REGULAR COURT. HOWEVER, APPEAL OF THE DECISION BY THE ACCUSED CAN BE FILED WITH THE SANDIGANBAYAN. EXCLUSIVE APPELLATE JURISDICTION: a. ON APPEAL, FROM THE FINAL JUDGMENTS, RESOLUTIONS OR ORDERS OF THE REGIONAL TRIAL COURTS IN CASES ORIGINALLY DECIDED BY THEM IN THEIR RESPECTIVE TERRITORIAL JURISDICTION; b. BY PETITION FOR REVIEW, FROM THE FINAL JUDGMENTS, RESOLUTIONS OR ORDERS OF THE REGIONAL TRIAL COURTS IN THE EXERCISE OF THEIR APPELLATE JURISDICTION OVER CASES ORIGINALLY DECIDED BY THE METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS AND MUNICIPAL CIRCUIT TRIAL COURTS IN THEIR RESPECTIVE JURISDICTION. ELEMENTS OF JURISDICTION IN CRIMINAL CASES: 1. THE NATURE OF THE OFFENSE AND/OR PENALTY ATTACHED THERETO; AND 2. THE FACT THAT THE OFFENSE HAS BEEN COMMITTED WITHIN THE TERRITORIAL JURISDICTION OF THE COURT. REQUISITES FOR VALID EXERCISE OF CRIMINAL JURISDICTION: 1.

IT MUST HAVE JURISDICTION OVER THE SUBJECT MATTER;

JURISDICTION OVER THE SUBJECT MATTER IS DETERMINED BY THE STATUTE IN FORCE AT THE TIME OF THE COMMENCEMENT OF THE ACTION AND NOT AT THE TIME OF ITS COMMISSION EVEN IF THE PENALTY THAT MAY BE IMPOSED AT THE TIME OF ITS COMMISSION IS LESS AND DOES NOT FALL UNDER THE COURT’S JURISDICTION. THE JURISDICTION OF COURTS IN CRIMINAL CASES IS DETERMINED BY THE ALLEGATIONS OF THE COMPLAINT OR INFORMATION AND NOT BY THE FINDINGS THE COURT MAY MAKE AFTER TRIAL. THUS, WHERE A COMPLAINT IS PRESENTED IN THE REGIONAL TRIAL COURT CHARGING THE DEFENDANT WITH MURDER AND AT THE CLOSE OF THE TRIAL THE COURT FINDS THAT THE CRIME COMMITTED WAS JUST RECKLESS IMPRUDENCE RESULTING IN HOMICIDE ONLY FALLING UNDER THE JURISDICTION OF THE MUNICIPAL TRIAL COURT, THE RTC RETAINS JURISDICTION FOR THE PURPOSE OF IMPOSING THE PENALTY PROVIDED FOR BY LAW FOR THE CRIME PROVED TO HAVE BEEN COMMITTED.

Compendium of Criminal Law and Jurisprudence (CLJ)

WHERE THE COURT HAS JURISDICTION OF THE SUBJECT MATTER AND THE PERSON OF THE ACCUSED, IT IS NOT NECESSARY, IN ORDER TO MAINTAIN THAT JURISDICTION, TO DECIDE THE CASE CORRECTLY. THE COURT HAS JURISDICTION TO DECIDE WRONGLY AS WELL AS RIGHTLY. 2. IT MUST HAVE JURISDICTION OVER THE TERRITORY WHERE THE OFFENSE WAS COMMITTED; IT IS DETERMINED BY THE ALLEGATIONS IN THE COMPLAINT OR INFORMATION AS TO THE PLACE OF THE COMMISSION OF CRIME AND THIS DETERMINES, IN THE FIRST INSTANCE, WHETHER SAID COURT HAS JURISDICTION TO TRY THE CASE. 3. IT MUST HAVE JURISDICTION OVER THE PERSON OF THE ACCUSED. JURISDICTION OVER THE PERSON OF THE ACCUSED IS ACQUIRED UPON HIS ARREST OR VOLUNTARY APPEARANCE IN COURT. VOLUNTARY APPEARANCE IN COURT IS ACCOMPLISHED EITHER BY HIS PLEADING TO THE MERITS (FILING A MOTION TO QUASH, APPEARING FOR ARRAIGNMENT, OR ENTERING TRIAL) OR BY FILING BAIL. STAGES IN CRIMINAL ACTION: 1. POLICE INVESTIGATION 2. PRELIMINARY INVESTIGATION 3. ARRAIGNMENT 4. PRE-TRIAL 5. TRIAL 6. JUDGMENT 7. NEW TRIAL OR RECONSIDERATION 8. APPEAL FORMS OF ACTIVITIES THAT MAY BE UNDERTAKEN BY THE POLICE: 1. SURVEILLANCE AND OBSERVATION OF SUSPECTS, OTHER PERSONS AND PREMISES; 2. THE TAKING OF PHOTOGRAPHS (SURREPTITIOUSLY OR OTHERWISE); 3. INTERVIEW OF PERSONS WITH KNOWLEDGE OF FACTS DIRECTLY OR INDIRECTLY CONNECTED WITH THE OFFENSE (INCLUDING THE SUSPECTS WHO CONSENT TO BE QUESTIONED), AND THE REDUCTION OF THESE PERSONS’ DECLARATIONS INTO WRITING (USUALLY IN QUESTION-AND-ANSWER FORM). 4. THE ENTRAPMENT OF SUSPECTS WHEN FEASIBLE; 5. THE SEARCH OF PREMISES AND PERSONS, AND SEIZURE OF OBJECTS, SUBJECT TO CONSTITUTIONAL AND STATUTORY SAFEGUARDS; 6. THE EXAMINATION OF PUBLIC AND OTHER AVAILABLE RECORDS PERTAINING TO THE PERSONS INVOLVED AND COLLECTION OF COPIES OF PERTINENT ENTRIES; 7. THE ARREST OF SUSPECTS WITHOUT WARRANT UNDER THE CIRCUMSTANCES SPECIFIED BY LAW; 8. THE INTERROGATION OF SUSPECTS IN POLICE CUSTODY, WITH METICULOUS OBSERVANCE OF THE RIGHTS GRANTED TO THEM BY THE CONSTITUTION. PRELIMINARY INVESTIGATION - IS THE SECOND PREFATORY STAGE IN CRIMINAL ACTION. IT IS THE STAGE AT WHICH THE PUBLIC PROSECUTOR EVALUATES THE FINDINGS OF THE POLICE TO DETERMINE IF PROSECUTION OF THE SUSPECT IN COURT IS WARRANTED. ARRAIGNMENT - IS THE FIRST STAGE IN A CRIMINAL ACTION PROPER. IT SHALL BE HELD WITHIN THIRTY (30) DAYS FROM THE DATE THE COURT ACQUIRES JURISDICTION OVER THE PERSON OF THE ACCUSED OR AFTER THE ACCUSED HAS BEEN ARRESTED. IN CASE THE ACCUSED IS DETAINED (BECAUSE HE CANNOT AFFORD BAIL OR HIS OFFENSE IS NON-BAILABLE), HIS CASE IS GIVEN PREFERENCE IN THE SCHEDULING OF THE ARRAIGNMENT WHICH SHALL BE HELD WITHIN TEN (10) DAYS FROM THE DATE OF THE RAFFLE, PRE-TRIAL WHICH SHALL BE HELD WITHIN TEN (10) DAYS AFTER ARRAIGNMENT AND TRIAL WHICH SHALL COMMENCE WITHIN 30 DAYS FROM RECEIPT OF THE PRE-TRIAL ORDER. PRE-TRIAL - AS IN CIVIL ACTIONS, THERE IS A PRE-TRIAL IN CRIMINAL ACTIONS. THE PURPOSE IS THE SAME: TO EXPLORE WAYS OF QUICKLY ENDING THE CASE (AS BY A CHANGE OF A NOT GUILTY PLEA TO ONE OF GUILTY OR PLEA BARGAINING) OR OTHERWISE EXPEDITING THE TRIAL. TRIAL - FOLLOWS MORE OR LESS THE SAME PATTERN AS IN CIVIL ACTIONS. THE PROSECUTION COMMENCES THE PRESENTATION OF EVIDENCE, THE ACCUSED FOLLOWS, AND THE PROSECUTION MAY PRESENT REBUTTAL EVIDENCE AND THE ACCUSED SUR-REBUTTAL EVIDENCE. THE PARTIES MAY ALSO PRESENT WRITTEN ARGUMENTS OR MEMORANDA AFTER WHICH THE CASE IS DEEMED SUBMITTED FOR DECISION. JUDGMENT - SHALL BE RENDERED WITHIN NINETY (90) DAYS AFTER THE CASE IS SUBMITTED FOR DECISION. UNLIKE IN CIVIL CASE- WHERE THE JUDGMENT IS PROMULGATED BY ITS DELIVERY BY THE JUDGE TO THE CLERK OF COURT, WHO THEREAFTER SENDS COPIES TO THE PARTIES THE JUDGMENT IN CRIMINAL ACTIONS IS PROMULGATED BY READING IT TO THE ACCUSED IN OPEN COURT. THIS IS DONE ON A DATE AND TIME SCHEDULED BY THE COURT OF WHICH THE ACCUSED SHALL HAVE REASONABLE NOTICE. NEW TRIAL OR RECONSIDERATION - IS AVAILABLE AFTER PROMULGATION OF JUDGMENT OF CONVICTION BUT BEFORE THE LAPSE OF 15 DAYS THEREFROM. IF THE COURT GRANTS THE MOTION FOR NEW TRIAL, IT MAY ORDER THE TRIAL ANEW OF THE CASE BY RECEIVING EVIDENCE NOT DISCOVERED AND PRODUCED AT THE TRIAL. IF THE COURT GRANTS THE MOTION FOR RECONSIDERATION, IT MAY ACQUIT THE ACCUSED OR MODIFY THE DECISION. APPEAL – IS IN LIEU OF MOVING FOR NEW TRIAL OR RECONSIDERATION- OR AFTER DENIAL OF SUCH A MOTION- THE CONVICTED ACCUSED MAY APPEAL TO THE COURTS OF HIGHER LEVEL. CRIMINAL ACTIONS SHALL BE INSTITUTED AS FOLLOWS: 1. FOR OFFENSES WHERE A PRELIMINARY INVESTIGATION IS REQUIRED SUCH AS CRIMES PUNISHABLE BY IMPRISONMENT RANGING FROM 4 YEARS, 2 MONTHS AND 1 DAY, BY FILING THE COMPLAINT WITH THE PROSECUTOR’S OFFICE FOR THE PURPOSE OF PRELIMINARY INVESTIGATION. IF THE PROSECUTOR FOUND A PROBABLE CAUSE, HE WILL FILE INFORMATION WITH THE COURT.

Compendium of Criminal Law and Jurisprudence (CLJ)

2.

FOR OFFENSES WHERE A PRELIMINARY INVESTIGATION IS NOT REQUIRED WHICH FALL UNDER THE JURISDICTION OF THE MTCC, MTC AND MCTC, BY FILING THE COMPLAINT OR INFORMATION DIRECTLY WITH THE SAID COURTS.

DISTINCTION BETWEEN COMPLAINT AND INFORMATION: A COMPLAINT - IS A SWORN STATEMENT CHARGING A PERSON WITH AN OFFENSE, SUBSCRIBED BY THE OFFENDED PARTY, ANY PEACE OFFICER, AND OFFICER IN CHARGE OF THE LAW VIOLATED; AN INFORMATION - IS ALSO AN ACCUSATION IN WRITING CHARGING A PERSON WITH AN OFFENSE SUBSCRIBED BY THE PROSECUTOR AND FILED WITH THE COURT. WHO MUST PROSECUTE CRIMINAL ACTIONS? - ALL CRIMINAL ACTIONS MUST BE PROSECUTED BY THE PROSECUTOR, AND IN CASE THE COMPLAINANT HIRED A PRIVATE LAWYER TO PROSECUTE THE CASE, HE CAN BE UNDER THE STRICT SUPERVISION OF THE GOVERNMENT PROSECUTOR. THE CRIMES OF ADULTERY AND CONCUBINAGE SHALL NOT BE PROSECUTED EXCEPT UPON A COMPLAINT FILED BY THE OFFENDED SPOUSE AND THAT BOTH GUILTY PARTIES MUST BE INCLUDED IN THE CHARGE IF THEY ARE BOTH ALIVE. THE OFFENSES OF SEDUCTION, ABDUCTION AND ACTS OF LASCIVIOUSNESS SHALL NOT BE PROSECUTED EXCEPT UPON A COMPLAINT FILED BY THE OFFENDED PARTY OR PARENTS, GRANDPARENTS OR GUARDIAN, OR BY THE STATE IF THE OFFENDED PARTY DIES OR BECOMES INCAPACITATED BEFORE SHE CAN FILE THE COMPLAINT AND SHE HAS NOT KNOWN PARENTS, GRANDPARENTS OR GUARDIAN. A COMPLAINT OR INFORMATION IS SUFFICIENT IF IT STATES THE FOLLOWING: 1. NAME OF THE ACCUSED; 2. DESIGNATION OF THE OFFENSE BY STATUTE; 3. ACT OR OMISSION COMPLAINED OF AS CONSTITUTING THE OFFENSE; 4. NAME OF THE OFFENDED PARTY; 5. APPROXIMATE TIME OF ITS COMMISSION; AND 6. PLACE WHERE THE OFFENSE WAS COMMITTED. THE COMPLAINT OR INFORMATION MUST CHARGE BUT ONE OFFENSE EXCEPT IN COMPLEX CRIMES. AMENDMENT - IS THE ACT OF CHANGING, CORRECTING, IMPROVING OR ADDING TO THE COMPLAINT OR INFORMATION FILED IN COURT WHICH MAY EITHER BE SUBSTANTIAL OR FORMAL AMENDMENT. SUBSTANTIAL AMENDMENT - CONSISTS OF CHANGING, CORRECTING, IMPROVING OR ADDING THE RECITAL OF FACTS CONSTITUTING THE OFFENSE CHARGED AND DETERMINATIVE OF THE JURISDICTION OF THE COURT. FORMAL AMENDMENT - CONSISTS OF CHANGING ALL OTHER MATTERS. INSTANCES OF AMENDMENT OF INFORMATION OR COMPLAINT: 1. BEFORE THE ACCUSED PLEADS, COMPLAINT OR INFORMATION CAN BE AMENDED IN FORM OR SUBSTANCE WITHOUT LEAVE OF COURT. 2. AFTER THE ACCUSED PLEADS, COMPLAINT OR INFORMATION CAN BE AMENDED IN ALL MATTER OF FORM WITH LEAVE AND AT THE DISCRETION OF THE COURT WHEN THE SAME CAN BE DONE WITHOUT PREJUDICE TO THE RIGHTS OF THE ACCUSED. 3. AFTER TRIAL AND BEFORE JUDGMENT, COMPLAINT OR INFORMATION CAN BE AMENDED WHEN THERE IS MISTAKE IN CHARGING THE OFFENSE AND THE COURT WILL DISMISS THE ORIGINAL COMPLAINT UPON FILING OF A NEW ONE PROVIDED ACCUSED IS NOT PLACED IN DOUBLE JEOPARDY. VENUE OF (A) COMPLEX CRIMES; (B) CONTINUING CRIMES; AND (C) CRIME COMMENCED AND CONSUMMATED IN ONE PROVINCE AND CONTINUED IN ANOTHER: 1. THE VENUE OF COMPLEX CRIMES IS THE MUNICIPALITY OR TERRITORY WHERE THE OFFENSE WAS COMMITTED OR ANY OF THE ESSENTIAL INGREDIENTS THEREOF TOOK PLACE. 2. THE VENUE OF CONTINUING CRIMES IS THE MUNICIPALITY OR TERRITORY WHERE SOME OF THE ACTS MATERIAL AND ESSENTIAL TO THE CRIMES AND REQUISITE TO THEIR CONSUMMATION OCCUR IN ONE PROVINCE AND SOME IN ANOTHER, IN OTHER WORDS, IN ANY ONE OF SEVERAL PLACES. 3. IN CRIMES COMMENCED IN ONE PROVINCE AND CONSUMMATED IN ANOTHER, THE VENUE IS IN EITHER PROVINCE. PROSECUTION OF CIVIL ACTION FOR THE RECOVERY OF CIVIL LIABILITY – IS, AS A RULE, IMPLIEDLY INSTITUTED WITH THE CRIMINAL ACTION EXCEPT WHEN THERE IS (A) WAIVER OF CIVIL ACTION; (B) RESERVATION OF RIGHT TO FILE SEPARATE CIVIL ACTION; AND (C) PRIOR FILING OF SEPARATE CIVIL ACTION. IF THE COMPLAINANT RESERVED HIS RIGHT TO INSTITUTE CIVIL ACTION SEPARATELY, THEN THE CRIMINAL ACTION SHALL FIRST BE HEARD AND ONLY AFTER IT IS TERMINATED THAT THE CIVIL ACTION SHALL BE HEARD. THE EXTINCTION OF CRIMINAL ACTION DOES NOT CARRY WITH IT EXTINCTION OF CIVIL RESPONSIBILITY EXCEPT WHEN THE EXTINCTION PROCEEDS FROM A DECLARATION IN A FINAL JUDGMENT THAT THE FACT FROM WHICH THE CIVIL ACTION MIGHT ARISE DID NOT EXIST. LIKEWISE, ABSOLVING THE ACCUSED FROM CIVIL LIABILITY DOES NOT BAR CRIMINAL PROSECUTION. PREJUDICIAL QUESTION - IS DEFINED AS TO BE THAT WHICH ARISES IN A CASE THE RESOLUTION OF WHICH IS A LOGICAL ANTECEDENT OF THE ISSUE INVOLVED IN SAID CASE AND THE COGNIZANCE OF WHICH PERTAINS TO ANOTHER TRIBUNAL. THE MOTION TO SUSPEND CRIMINAL PROCEEDING BASED ON PREJUDICIAL QUESTION MAY BE RAISED IN PRELIMINARY INVESTIGATION OR TRIAL WHICH, IF GRANTED, WILL SUSPEND THE CRIMINAL PROCEEDING.

Compendium of Criminal Law and Jurisprudence (CLJ)

ELEMENTS OF PREJUDICIAL QUESTION: 1. THE PREVIOUSLY INSTITUTED CIVIL ACTION INVOLVES AN ISSUE SIMILAR OR INTIMATELY RELATED TO THE ISSUE IN THE SUBSEQUENT CRIMINAL ACTION; 2. THE RESOLUTION OF SUCH ISSUE DETERMINES WHETHER OR NOT THE CRIMINAL ACTION MAY PROCEED PRELIMINARY INVESTIGATION - IS DEFINED AS AN INQUIRY OR PROCEEDING TO DETERMINE WHETHER THERE IS SUFFICIENT GROUND TO ENGENDER A WELL-FOUNDED BELIEF THAT A CRIME HAS BEEN COMMITTED AND THE RESPONDENT IS PRO BABLY GUILTY THEREOF, AND SHOULD BE HELD FOR TRIAL. OBJECTIVES OF PRELIMINARY INVESTIGATIONS: 1. TO PROTECT THE INNOCENT AGAINST HASTY, MALICIOUS AND OPPRESSIVE PROSECUTION; 2. TO PROTECT THE INNOCENT FROM PUBLIC ACCUSATION OF A CRIME, FROM THE TROUBLE, EXPENSE AND ANXIETY OF A PUBLIC TRIAL; 3. TO PROTECT THE STATE FROM USELESS AND EXPENSIVE PROSECUTION. CASES THAT REQUIRE PRELIMINARY INVESTIGATION: 1. ALL CRIMINAL CASES COGNIZABLE BY RTC; 2. CRIMINAL CASES COGNIZABLE BY MTCC, MCTC, AND MTC OF WHICH THE MAXIMUM IMPOSABLE PENALTY FOR OFFENSE CHARGED RANGES FROM 4 YEARS, 2 MONTHS AND 1 DAY. OFFICERS AUTHORIZED TO CONDUCT PRELIMINARY INVESTIGATION: 1. PROVINCIAL OR CITY PROSECUTORS AND THEIR ASSISTANTS; 2. NATIONAL AND REGIONAL STATE PROSECUTORS; AND 3. OTHER OFFICERS AS MAY BE AUTHORIZED BY LAW. PROCEDURE IN THE CONDUCT OF PRELIMINARY INVESTIGATION: 1. THE COMPLAINT SHALL STATE THE KNOWN ADDRESS OF THE RESPONDENT AND BE ACCOMPANIED BY AFFIDAVITS OF THE COMPLAINANT AND WITNESSES AS WELL, AS SUPPORTING DOCUMENTS, IN SUCH NUMBER OF COPIES AS THERE ARE RESPONDENTS, PLUS TWO COPIES FOR THE OFFICIAL FILE. THE AFFIDAVITS SHALL BE SUBSCRIBED AND SWORN TO BEFORE ANY PROSECUTOR OR GOVERNMENT OFFICIAL AUTHORIZED TO ADMINISTER OATH, OR, IN THEIR ABSENCE OR UNAVAILABILITY, BEFORE A NOTARY PUBLIC, EACH OF WHOM MUST CERTIFY THAT HE PERSONALLY EXAMINED THE AFFIANTS AND THAT HE IS SATISFIED THAT THEY VOLUNTARILY EXECUTED AND UNDERSTOOD THEIR AFFIDAVITS. 2. WITHIN 10 DAYS AFTER THE FILING OF THE COMPLAINT, THE INVESTIGATING OFFICER SHALL EITHER DISMISS THE SAME IF HE FINDS NO GROUND TO CONTINUE WITH THE INQUIRY, OR ISSUE A SUBPOENA TO THE RESPONDENT ATTACHING TO IT A COPY OF THE COMPLAINT AND ITS SUPPORTING AFFIDAVITS AND DOCUMENTS. 3. WITHIN 10 DAYS FROM RECEIPT OF THE SUBPOENA WITH THE COMPLAINT AND SUPPORTING AFFIDAVITS AND DOCUMENTS, THE RESPONDENT SHALL SUBMIT HIS COUNTER-AFFIDAVIT (NOT MOTION TO DISMISS) AND THAT OF HIS WITNESSES AND OTHER SUPPORTING DOCUMENTS RELIED UPON FOR HIS DEFENSE. SUCH COUNTER-AFFIDAVITS AND OTHER SUPPORTING DOCUMENTS SHALL BE SUBSCRIBED AND SWORN TO AND CERTIFIED BY THE SAID AUTHORIZED OFFICERS MENTIONED ABOVE, WITH COPIES THEREOF FURNISHED BY HIM TO THE COMPLAINANT. 4. IF THE RESPONDENT CANNOT BE SUBPOENAED, OR IF SUBPOENAED, DOES NOT SUBMIT COUNTER-AFFIDAVITS WITHIN 10 DAY PERIOD, THE INVESTIGATING OFFICER SHALL RESOLVE THE COMPLAINT BASED ON THE EVIDENCE PRESENTED BY THE COMPLAINANT. 5. IF THE INVESTIGATING OFFICER BELIEVES THAT THERE ARE MATTERS TO BE CLARIFIED, HE MAY SET A HEARING TO PROFOUND CLARIFICATORY QUESTIONS TO THE PARTIES OR THEIR WITNESSES, AFFORDING THE PARTIES AN OPPORTUNITY TO BE PRESENT BUT WITHOUT THE RIGHT TO CROSS-EXAMINE OR EXAMINE THE WITNESSES. IF THEY SO DESIRE, THEY MAY SUBMIT QUESTIONS TO THE INVESTIGATING OFFICER WHICH THE LATTER MAY PROFOUND TO THE PARTIES OR WITNESS CONCERNED. THE HEARING SHALL BE HELD WITHIN 10 DAYS FROM SUBMISSION OF THE COUNTER-AFFIDAVITS AND OTHER SUPPORTING DOCUMENTS OR FROM THE EXPIRATION OF THE PERIOD FOR THEIR SUBMISSION. IT SHALL BE TERMINATED WITHIN 5 DAYS. 6. THEREAFTER, THE INVESTIGATION SHALL BE DEEMED CONCLUDED, AND THE INVESTIGATING OFFICER SHALL RESOLVE THE CASE WITHIN 10 DAYS THEREFROM. THE INVESTIGATING OFFICER SHALL DETERMINE WHETHER OR NOT THERE IS SUFFICIENT GROUND TO HOLD THE RESPONDENT FOR TRIAL, IN WHICH CASE, HE WILL PREPARE A RESOLUTION AND CORRESPONDING INFORMATION FOR FILING IN COURT. NOTE: EVERY RESOLUTION OF AN INVESTIGATING OFFICER MUST BE APPROVED BY THE PROVINCIAL OR CITY PROSECUTOR, OR THE OMBUDSMAN OR HIS DEPUTY IN CASES OF OFFENSES COGNIZABLE BY THE SANDIGANBAYAN IN THE EXERCISE OF ITS ORIGINAL JURISDICTION, WITHIN 10 DAYS FROM RECEIPT OF THE RESOLUTION. NOTE: AS REGARDS OFFENSES WHICH DO NOT REQUIRE PRELIMINARY INVESTIGATION NOR COVERED BY THE RULES ON SUMMARY PROCEDURE (SECTION 9, RULE 112) SUCH AS INVOLVING AN OFFENSE PUNISHABLE BY IMPRISONMENT OF LESS THAN FOUR (4) YEARS, TWO (2) MONTHS AND ONE (1) DAY, ALL THAT THE PUBLIC PROSECUTOR IS REQUIRED TO DO IS (A) EXAMINE THE COMPLAINT AND SUPPORTING AFFIDAVITS, AND (B) PERSONALLY SATISFY HIMSELF THA T THE AFFIANTS VOLUNTARILY EXECUTED AND UNDERSTOOD THEIR AFFIDAVITS, AND THAT THE SUSPECT HAS PROBABLY COMMITTED THE OFFENSE CHARGED. THIS EXAMINATION AND DETERMINATION HE DOES EX PARTE, I.E., WITHOUT NOTICE TO AND IN THE ABSENCE OF THE SUSPECT. HE THEN FILES THE INFORMATION OR CRIMINAL COMPLAINT DIRECTLY WITH THE PROPER FIRST LEVEL COURT, FOR TRIAL AND JUDGMENT. WHEN WARRANT OF ARREST MAY ISSUE: WITHIN 10 DAYS FROM THE FILING OF THE COMPLAINT OR INFORMATION, THE JUDGE SHALL PERSONALLY EVALUATE THE RESO LUTION OF THE PROSECUTOR AND ITS SUPPORTING EVIDENCE AND IF HE FINDS PROBABLE CAUSE, HE SHALL ISSUE A WARRANT OF ARREST, OR A COMMITMENT ORDER IF THE ACCUSED HAS ALREADY BEEN

Compendium of Criminal Law and Jurisprudence (CLJ)

ARRESTED WITHOUT WARRANT OR SHALL IMMEDIATELY DISMISS THE CASE IF THE EVIDENCE ON RECORD CLEARLY FAILS TO ESTABLISH PROBABLE CAUSE. WHEN WARRANT OF ARREST NOT NECESSARY: A WARRANT OF ARREST SHALL NOT ISSUE IF THE ACCUSED IS ALREADY UNDER DETENTION PURSUANT TO A WARRANTLESS ARREST OR IS FOR AN OFFENSE PENALIZED BY FINE ONLY. ARREST - IS DEFINED AS THE TAKING OF A PERSON INTO CUSTODY IN ORDER THAT HE MAY BE BOUND TO ANSWER FOR THE COMMISSION OF AN OFFENSE. WHEN AND HOW IS ARREST EFFECTED: IT IS EFFECTED OR MADE ON ANY DAY AND AT ANY TIME OF THE DAY OR NIGHT BY AN ACTUAL RESTRAINT OF THE PERSON TO BE ARRESTED, OR BY HIS SUBMISSION TO THE CUSTODY OF THE PERSON MAKING THE ARREST. TWO KINDS OF ARREST: 1. ARREST WITH WARRANT ISSUED BY THE COURT; AND 2. ARREST WITHOUT WARRANT (WARRANTLESS ARREST) EFFECTED UNDER ANY OF THE FOLLOWING INSTANCES: a. WHEN, IN THE PRESENCE OF ARRESTING PEACE OFFICER OR PRIVATE PERSON, THE PERSON TO BE ARRESTED HAS COMMITTED, IS ACTUALLY COMMITTING, OR IS ATTEMPTING TO COMMIT AN OFFENSE; b. WHEN AN OFFENSE HAS JUST BEEN COMMITTED AND THE ARRESTING PEACE OFFICER OR PRIVATE PERSON HAS PROBABLE CAUSE TO BELIEVE BASED ON PERSONAL KNOWLEDGE OF FACTS OR CIRCUMSTANCES THAT THE PERSON TO BE ARRESTED HAS COMMITTED IT; AND c. WHEN THE PERSON TO BE ARRESTED IS A PRISONER WHO HAS ESCAPED FROM A PENAL ESTABLISHMENT OR PLACE WHERE HE IS SERVING FINAL JUDGMENT OR IS TEMPORARILY CONFINED WHILE HIS CASE IS PENDING, OR HAS ESCAPED WHILE BEING TRANSFERRED FROM ONE CONFINEMENT TO ANOTHER. METHODS AND DUTIES OF EFFECTING ARREST: 1. THE ARRESTING OFFICER SHALL INFORM THE PERSON TO BE ARRESTED OF THE CAUS E OF THE ARREST AND THE FACT THAT A WARRANT HAS BEEN ISSUED IF THE ARREST IS BY VIRTUE OF WARRANT OF ARREST; 2. HE SHALL SHOW WARRANT OF ARREST WHEN THE PERSON ARRESTED SO REQUIRES IF THE ARREST IS BY VIRTUE OF WARRANT OF ARREST; 3. HE MAY SUMMON ASSISTANCE OF OTHER PERSONS TO MAKE ARREST; 4. HE MAY BREAK INTO ANY BUILDING OR ENCLOSURE TO EFFECT ARREST OR MAY BREAK OUT THEREFROM FOR THE PURPOSE OF LIBERATING HIMSELF; 5. HE SHALL DELIVER THE PERSON ARRESTED TO THE NEAREST POLICE STATION OR JAIL; 6. HE SHALL INFORM THE PERSON ARRESTED OF HIS CONSTITUTIONAL RIGHTS SUCH AS THE RIGHT TO REMAIN SILENT, TO COUNSEL, NOT TO BE TORTURED IN ORDER TO OBTAIN CONFESSION AND TO BE INFORMED OF THESE RIGHTS. BAIL - IS DEFINED AS THE SECURITY GIVEN FOR THE RELEASE OF A PERSON IN CUSTODY OF THE LAW, FURNISHED BY HIM OR A BONDSMAN, TO GUARANTEE HIS APPEARANCE BEFORE ANY COURT. (SEC 13, 1987 PHILIPPINE CONSTITUTION) KINDS OR FORMS OF BAIL BOND: (PCCR) 1. CORPORATE SURETY BOND- IT IS A BAIL BOND SUBSCRIBED JOINTLY BY THE ACCUSED AND THE OFFICER DULY AUTHORIZED BY THE BOARD OF DIRECTORS OF THE CORPORATION LICENSED AS SURETY IN ACCORDANCE WITH LAW. 2. PROPERTY BOND- IT IS A BOND CONSTITUTED AS LIEN ON THE REAL PROPERTY GIVEN AS SECURITY FOR THE AMOUNT OF THE BAIL. 3. CASH BOND- CASH IS DEPOSITED WITH THE CLERK OF COURT EQUIVALENT TO THE AMOUNT OF BAIL FIXED BY THE COURT OR RECOMMENDED BY THE PROSECUTOR. 4. RECOGNIZANCE- IT IS AN OBLIGATION OF RECORD ENTERED INTO BY THE ACCUSED OR THAT OF A RESPONSIBLE PERSON BEFORE THE COURT IN ORDER THAT THE COURT MAY RELEASE A PERSON IN CUSTODY FOR THE CRIME CHARGED (R.A 6036) WHEN BAIL IS A MATTER OF RIGHT (ACCUSED SHOULD NOT BE DENIED BAIL): 1. BEFORE OR AFTER CONVICTION BY THE MTCC, MCTC, MTC; 2. BEFORE CONVICTION BY THE RTC OF AN OFFENSE NOT PUNISHABLE BY DEATH, RECLUSION PERPETUA, OR LIFE IMPRISONMENT AND WHEN EVIDENCE OF GUILT IS STRONG. WHEN BAIL IS DISCRETIONARY (ACCUSED MAY BE GRANTED OR DENIED BAIL): UPON CONVICTION BY THE RTC OF AN OFFENSE NOT PUNISHABLE BY DEATH, RECLUSION PERPETUA OR LIFE IMPRISONMENT. WHEN BAIL MAY BE CANCELLED OR DENIED: IF THE PENALTY IMPOSED BY THE TRIAL COURT IS IMPRISONMENT EXCEEDING 6 YEARS BUT NOT MORE THAN 20 YEARS, THE ACCUSED SHALL BE DENIED BAIL OR HIS BAIL CANCELLED UPON SHOWING BY THE PROSECUTION, WITH NOTICE TO THE ACCUSED, OF THE FOLLOWING OR OTHER CIRCUMSTANCES: 1. THE ACCUSED IS A RECIDIVIST, QUASI-RECIDIVIST, OR HABITUAL DELINQUENT, OR HAS COMMITTED THE CRIME AGGRAVATED BY THE CIRCUMSTANCE OF REITERATION; 2. HE HAS PREVIOUSLY ESCAPED FROM LEGAL CONFINEMENT, EVADED SENTENCE, OR VIOLATED THE CONDITIONS OF HIS BAIL WITHOUT VALID JUSTIFICATION; 3. HE COMMITTED THE OFFENSE WHILE UNDER PROBATION, PAROLE, OR CONDITIONAL PARDON; 4. THE CIRCUMSTANCES OF HIS CASE INDICATE THE PROBABILITY OF FLIGHT IF RELEASED ON BAIL; 5. THERE IS UNDUE RISK THAT HE MAY COMMIT ANOTHER CRIME DURING THE PENDENCY OF THE APPEAL. CAPITAL OFFENSE - IS DEFINED AS AN OFFENSE WHICH, UNDER THE LAW EXISTING AT THE TIME OF ITS COMMISSION AND OF THE APPLICATION FOR ADMISSION TO BAIL, MAY BE PUNISHED WITH DEATH.

Compendium of Criminal Law and Jurisprudence (CLJ)

GUIDELINES IN FIXING THE AMOUNT OF BAIL: 1. FINANCIAL ABILITY OF THE ACCUSED 2. NATURE AND CIRCUMSTANCES OF THE OFFENSE 3. PENALTY OF THE OFFENSE CHARGED 4. CHARACTER AND REPUTATION OF THE ACCUSED 5. AGE AND HEALTH OF THE ACCUSED 6. THE WEIGHT OF EVIDENCE AGAINST THE ACCUSED 7. PROBABILITY OF THE ACCUSED APPEARING IN TRIAL 8. FORFEITURE OF OTHER BONDS 9. THE FACT THAT THE ACCUSED IS A FUGITIVE FROM JUSTICE WHEN ARRESTED; AND 10. THE PENDENCY OF OTHER CASES IN WHICH THE ACCUSED IS UNDER BOND NOTE: EXCESSIVE BAIL SHALL NOT BE REQUIRED. WHEN BAIL IS NOT REQUIRED (RA 6036): BAIL SHALL NOT BE REQUIRED IN CASES OF VIOLATION OF MUNICIPAL OR CITY ORDINANCES AND IN CRIMINAL OFFENSES WHEN THE PRESCRIBED PENALTY FOR SUCH OFFENSES IS NOT HIGHER THAN ARRESTO MAYOR AND/OR A FINE OF TWO THOUSAND PESOS OR BOTH EXCEPT WHEN THE ACCUSED: 1. IS CAUGHT COMMITTING THE OFFENSE IN FLAGRANTE; 2. CONFESSED OF THE COMMISSION OF THE OFFENSE; 3. HAS PREVIOUSLY ESCAPED FROM LEGAL CONFINEMENT; 4. HAS VIOLATED HIS UNDERTAKING TO REPORT TO THE CLERK OF COURT; 5. IS RECIDIVIST OR HABITUAL DELINQUENT; 6. COMMITS OFFENSE WHILE ON PAROLE OR UNDER CONDITIONAL PARDON; 7. HAS PREVIOUSLY BEEN PARDONED BY THE MAYOR FOR VIOLATION OF ORDINANCE FOR AT LEAST TWO TIMES. WHERE BAIL IS FILED: 1. WITH THE COURT WHERE THE CASE IS PENDING, OR IN THE ABSENCE OF THE JUDGE THEREOF, WITH ANY RTC, MTCC, MCTC, OR MTC JUDGE; 2. IF THE ACCUSED IS ARRESTED IN A PROVINCE, CITY OR MUNICIPALITY OTHER THAN WHERE THE CASE IS PENDING, WITH ANY RTC JUDGE OF SAID PLACE, OR IN HIS ABSENCE, WITH ANY MTCC, MCTC, MTC JUDGE; 3. WHERE THE BAIL IS A MATTER OF DISCRETION, OR THE ACCUSED SEEKS TO BE RELEASED ON RECOGNIZANCE, THE APPLICATION MAY ONLY BE FILED IN THE COURT WHERE THE CASE IS PENDING. RIGHTS OF THE ACCUSED (RULE 115): 1. RIGHT TO PRESUMPTION OF INNOCENCE 2. RIGHT TO NOTICE AND HEARING 3. RIGHT TO REPRESENTATION 4. RIGHT TO TESTIFY IN HIS BEHALF 5. RIGHT AGAINST SELF-INCRIMINATION 6. RIGHT TO CONFRONT AND CROSS EXAMINE WITNESSES 7. RIGHT TO SECURE THE ATTENDANCE OF WITNESSES 8. RIGHT TO SPEEDY, IMPARTIAL AND PUBLIC TRIAL 9. RIGHT TO APPEAL ARRAIGNMENT– CONSISTS OF: (1) A READING IN OPEN COURT BY THE JUDGE OR CLERK OF COURT OF THE COMPLAINT OR INFORMATION IN THE LANGUAGE OR DIALECT KNOWN TO THE ACCUSED; (2) ASKING THE ACCUSED WHETHER HE PLEADS GUILTY OR NOT GUILTY; AND(3) FURNISHING THE ACCUSED A COPY OF THE COMPLAINT OR INFORMATION WITH THE LIST OF WITNESSES. REQUISITES OF PLEA OF GUILTY TO LESSER OFFENSE: 1. WHEN THE OFFENSE PLEADED TO IS NECESSARILY INCLUDED IN THE OFFENSE CHARGED; AND 2. WITH THE CONSENT OF THE OFFENDED PARTY AND THE PROSECUTOR GROUNDS FOR SUSPENSION OF ARRAIGNMENT: 1. INSANITY OF THE ACCUSED 2. EXISTENCE OF A VALID PREJUDICIAL QUESTION IN A RELATED CIVIL ACTION 3. FILING OF PETITION FOR REVIEW WITH THE DEPARTMENT OF JUSTICE 4. REINVESTIGATION. BILL OF PARTICULARS - IS A MANIFESTATION BY WHICH A PARTY ASKS FOR A MORE DEFINITE STATEMENT OF ANY MATTER WHICH IS NOT AVERRED WITH DEFINITENESS OR PARTICULARITY TO ENABLE A PARTY TO PREPARE HIS RESPONSIVE PLEADING AND TO PREPARE FOR TRIAL. THIS IS MADE BEFORE ARRAIGNMENT. MOTION TO QUASH – IS A MOTION FILED WITH THE TRIAL COURT BEFORE ARRAIGNMENT OR WITH THE PROSECUTOR DURING PRELIMINARY INVESTIGATION. THE GRANTING OF A MOTION TO QUASH, EXCEPT ON GROUNDS OF PRESCRIPTION AND DOUBLE JEOPARDY, MAY RESULT IN THE COURT ORDERING THE AMENDMENT OF THE COMPLAINT OR INFORMATION, OR THE DISMISSAL OF THE CASE AND THE FILING OF A NEW ONE, OR IF NEW INFORMATION IS FILED WITHIN THE SPECIFIED PERIOD, THE DISCHARGE OF THE ACCUSED FROM CUSTODY IF DETAINED. GROUNDS FOR MOTION TO QUASH: 1. THE FACTS CHARGED DO NOT CONSTITUTE AND OFFENSE; 2. THE COURT TRYING THE CASE HAS NO JURISDICTION OVER THE OFFENSE CHARGED; 3. THE COURT TRYING THE CASE HAS NO JURISDICTION OVER THE PERSON OF THE ACCUSED; 4. THE OFFICER WHO FILED THE INFORMATION HAD NO AUTHORITY TO DO SO; 5. THE COMPLAINT DOES NOT CONFORM SUBSTANTIALLY TO THE PRESCRIBED FORM; 6. MORE THAN ONE OFFENSE IS CHARGED EXCEPT COMPLEX CRIME; 7. THE CRIMINAL ACTION OR LIABILITY HAS BEEN EXTINGUISHED; 8. THE COMPLAINT CONTAINS JUSTIFYING OR EXEMPTING CIRCUMSTANCES; 9. THE ACCUSED IS PLACED ON DOUBLE JEOPARDY;

Compendium of Criminal Law and Jurisprudence (CLJ)

DOUBLE JEOPARDY - MEANS THAT WHEN A PERSON IS CHARGED WITH AN OFFENSE AND THE CASE IS TERMINATED EITHER BY ACQUITTAL OR CONVICTION OF THE ACCUSED OR DISMISSAL OF THE CASE WITHOUT THE CONSENT OF THE ACCUSED, THE LATTER CANNOT AGAIN BE CHARGED WITH THE SAME IDENTICAL OFFENSE. PROVISIONAL DISMISSAL OF CRIMINAL CASE: SHALL BE ORDERED BY THE COURT ONLY WHEN THERE IS EXPRESS CONSENT OF THE ACCUSED AND WITH NOTICE TO THE OFFENDED PARTY. INSTANCE: WHEN THE PROSECUTION FAILS TO PRESENT ITS EVIDENCE. RULES WHEN PROVISIONAL DISMISSAL SHALL BECOME PERMANENT: 1. THE PROVISIONAL DISMISSAL OF OFFENSES PUNISHABLE BY IMPRISONMENT NOT EXCEEDING 6 YEARS OR A FINE OF ANY AMOUNT, OR BOTH SHALL BECOME PERMANENT 1 YEAR AFTER ISSUANCE OF THE ORDER WITHOUT THE CASE HAVING BEEN REVIVED. 2. FOR OFFENSES PUNISHABLE BY IMPRISONMENT OF MORE THAN 6 YEARS, THEIR PROVISIONAL DISMISSAL SHALL BECOME PERMANENT 2 YEARS AFTER ISSUANCE OF THE ORDER WITHOUT THE CASE HAVING BEEN REVIVED. FAILURE TO FILE MOTION TO QUASHIS CONSIDERED A WAIVER EXCEPT: 1. FACTS CHARGED DO NOT CONSTITUTE AN OFFENSE 2. LACK OF JURISDICTION OVER THE OFFENSE CHARGED 3. EXTINCTION OF OFFENSE OR PENALTY 4. DOUBLE JEOPARDY STAGES OF PRE-TRIAL: 1. PRELIMINARY CONFERENCE – IS A PROCEEDING CONDUCTED BY THE CLERK OF COURT WHICH CONSISTS, AMONG OTHERS, MARKING OF EXHIBITS, NUMBER AND NAMES OF WITNESSES TO BE PRESENTED AND ASKING THE PARTIES WHETHER THERE IS POSSIBILITY OF AMICABLE SETTLEMENT. THEREAFTER, THE CLERK OF COURT SHALL PREPARE MINUTES OF THE PROCEEDINGS TO BE SIGNED BY THE COUNSE L AND THE PARTIES AND SUBMITTED TO THE COURT. 2. PRE-TRIAL CONFERENCE – IS CONDUCTED BY THE JUDGE OF THE COURT WHERE THE CASE HAS BEEN FILED. SUBJECTS OF PRE-TRIAL CONFERENCE: 1. PLEA BARGAINING 2. STIPULATION OF FACTS 3. MARKING FOR IDENTIFICATION OF EVIDENCE OF THE PARTIES 4. WAIVER OF OBJECTIONS TO ADMISSIBILITY OF EVIDENCE 5. MODIFICATION OF THE ORDER OF TRIAL IF THE ACCUSED ADMITS THE CHARGE BUT INTERPOSES A LAWFUL DEFENSE 6. SUCH OTHER MATTERS AS WILL PROMOTE A FAIR AND EXPEDITIOUS TRIAL OF THE CRIMINAL AND CIVIL ASPECTS OF THE CASE. AFTER THE PRE-TRIAL CONFERENCE, THE JUDGE SHALL ISSUE ORDER STATING ALL THE PROPOSALS AND ADMISSIONS OF THE PARTIES AND ALL OTHER MATTERS SUBJECT OF THE PRE TRIAL. PRE-TRIAL AGREEMENT - IS ONE WHERE ALL AGREEMENTS OR ADMISSIONS MADE OR ENTERED DURING THE PRE-TRIAL CONFERENCE SHALL BE REDUCED IN WRITING AND SIGNED BY THE ACCUSED AND COUNSEL, OTHERWISE, THEY CANNOT BE USED AGAINST THE ACCUSED. FORMS OF TRIAL: 1. JOINT TRIAL - IS THE TRIAL OF 2 OR MORE PERSONS FOR THE SAME OR SIMILAR OFFENSES CONDUCTED WITHIN THE FRAMEWORK OF ONE TRIAL. 2. CONSOLIDATED TRIAL - IS THE TRIAL OF 2 OR MORE ACTIONS INVOLVING OFFENSES FOUNDED ON THE SAME FACTS OR INVOLVING COMMON QUESTIONS OF FACTS OR LAW OR FORMING PART OF SERIES OF OFFENSES OF SIMILAR CHARACTER CONDUCTE D WITHIN THE FRAMEWORK OF ONE PROCEEDING. 3. SEPARATE TRIAL - IS THE INDIVIDUAL TRIAL OF EACH OF SEVERAL PERSONS JOINTLY ACCUSED OF AN OFFENSE. ORDER OF TRIAL: 1. PROSECUTION SHALL PRESENT EVIDENCE TO PROVE THE CHARGE 2. ACCUSED MAY PRESENT EVIDENCE TO PROVE HIS DEFENSE 3. BOTH THE PROSECUTION AND THE ACCUSED IN THAT ORDER MAY RESPECTIVELY PRESENT REBUTTAL EVIDENCE/ADDITIONAL EVIDENCE AND SUR-REBUTTAL EVIDENCE 4. BOTH PARTIES IN THAT ORDER SHALL FORMALLY OFFER EXHIBITS AND REST ITS RESPECTIVE CASES 5. THE CASE SHALL BE SUBMITTED FOR DECISION TIME LIMIT OF TRIAL: TRIAL ONCE COMMENCED SHALL CONTINUE FROM DAY TO DAY AS FAR AS PRACTICABLE AND, UNLESS POSTPONED FOR A REASONABLE PERIOD OF TIME FOR GOOD CAUSE AND JUSTIFIABLE DELAYS, SHALL BE TERMINATED WITHIN 180 DAYS. REMEDY WHERE ACCUSED IS NOT BROUGHT TO TRIAL WITHIN THE TIME LIMIT: THE INFORMATION MAY BE DISMISSED ON MOTION OF THE ACCUSED ON THE GROUND OF DENIAL OF HIS RIGHT TO SPEEDY TRIAL. DISCHARGE OF ACCUSED TO BE STATE WITNESS: WHEN TWO OR MORE PERSONS ARE JOINTLY CHARGED WITH THE COMMISSION OF ANY OFFENSE, ONE OR MORE OF THEM, WITH THEIR CONSENT, MAY BE DISCHARGED FROM THE CHARGE AND BE A STATE WITNESS. DISCHARGE OF ACCUSED TO BE STATE WITNESS IS TANTAMOUNT TO ACQUITTAL. REQUISITES FOR THE DISCHARGE OF AN ACCUSED TO BE BECOME STATE WITNESS: 1. TWO OR MORE ACCUSED ARE JOINTLY CHARGED WITH THE COMMISSION OF AN OFFENSE. 2. THE MOTION FOR DISCHARGE IS FILED BY THE PROSECUTOR BEFORE HE RESTS HIS CASE

Compendium of Criminal Law and Jurisprudence (CLJ)

3. 4. 5.

THE PROSECUTION IS REQUIRED TO PRESENT EVIDENCE AND THE SWORN STATEMENT OF EACH PROPOSED STATE WITNESS AT A HEARING IN SUPPORT OF DISCHARGE THE SAID ACCUSED GIVES HIS CONSENT TO BE STATE WITNESS THE TRIAL COURT IS SATISFIED THAT: a. THERE IS ABSOLUTE NECESSITY FOR THE TESTIMONY OF THE ACCUSED WHOSE DISCHARGE IS REQUESTED b. THERE IS NO DIRECT EVIDENCE AVAILABLE FOR THE PROPER PROSECUTION OF THE OFFENSE COMMITTED, EXCEPT THE TESTIMONY OF SAID ACCUSED c. THE TESTIMONY OF SAID ACCUSED CAN BE SUBSTANTIALLY CORROBORATED IN ITS MATERIAL POINTS d. SAID ACCUSED DOES NOT APPEAR TO BE THE MOST GUILTY e. SAID ACCUSED HAS NOT AT ANY TIME BEEN CONVICTED OF ANY OFFENSE INVOLVING MORAL TURPITUDE

DEMURRER TO EVIDENCE - IS A MOTION TO DISMISS A CRIMINAL CASE AFTER THE PROSECUTION HAS RESTED ITS CASE ON THE GROUND OF INSUFFICIENCY OF EVIDENCE. IF THE MOTION WAS WITHOUT LEAVE OF COURT, THE ACCUSED CAN NO LONGER PRESENT EVIDENCE IN CASE OF DENIAL OF THE COURT, IN WHICH CASE, THE CASE IS SUBMITTED FOR DECISION ON THE STRENGTH OF THE EVIDENCE OF THE PROSECUTION. REOPENING OF THE CASE: AT ANY TIME BEFORE FINALITY OF THE JUDGMENT OF CONVICTION, THE JUDGE MAY MOTU PROPRIO OR UPON MOTION, WITH HEARING IN EITHER CASE, REOPEN THE PROCEEDINGS TO AVOID MISCARRIAGE OF JUSTICE. THE PROCEEDINGS SHALL BE TERMINATED WITHIN 30 DAYS FROM THE ORDER GRANTING IT. JUDGMENT - IS DEFINED AS THE ADJUDICATION BY THE COURT THAT THE ACCUSED IS GUILTY OR NOT GUILTY OF THE OFFENSE CHARGED AND THE IMPOSITION ON HIM OF THE PROPER PENALTY AND CIVIL LIABILITY, IF ANY. FORM OF JUDGMENT: JUDGMENT MUST BE WRITTEN IN THE OFFICIAL LANGUAGE PERSONALLY AND DIRECTLY PREPARED BY THE JUDGE AND SIGNED BY HIM AND SHALL CONTAIN CLEARLY AND DISTINCTIVELY A STATEMENT OF THE FACTS PROVED OR ADMITTED BY THE ACCUSED AND THE LAW UPON WHICH THE JUDGMENT IS BASED. PROMULGATION OF JUDGMENT: IT IS PROMULGATED BY READING THE SAME IN THE PRESENCE OF THE ACCUSED AND THE JUDGE OF THE COURT IN WHICH IT WAS RENDERED. HOWEVER, IF CONVICTION IS FOR LIGHT OFFENSE, THE JUDGMENT MAY BE PRONOUNCED IN THE PRESENCE OF HIS COUNSEL OR REPRESENTATIVES. WHEN ACCUSED FAILS TO APPEAR DURING THE SCHEDULED PROMULGATION: THE PROMULGATION SHALL BE MADE BY RECORDING THE JUDGMENT IN THE CRIMINAL DOCKET AND SERVING THE ACCUSED A COPY THEREOF AT HIS LAST KNOWN ADDRESS OR THRU HIS COUNSEL. HOWEVER, IF THE JUDGMENT IS FOR CONVICTION, THE ACCUSED SHALL LOSE AVAILABLE REMEDIES AND THE COURT SHALL ORDER HIS ARREST. WITHIN 15 DAYS FROM PROMULGATION OF THE JUDGMENT, HOWEVER, THE ACCUSED MAY SURRENDER AND FILE A MOTION FOR LEAVE OF COURT TO AVAIL OF THE REMEDIES, STATING THE REASONS FOR HIS ABSENCE AT THE SCHEDULED PROMULGATION. MODIFICATION OF JUDGMENT: A JUDGMENT OF CONVICTION MAY, UPON MOTION OF THE ACCUSED, BE MODIFIED OR SET ASIDE BEFORE IT BECOMES FINAL OR BEFORE APPEAL IS PERFECTED. ENTRY OF JUDGMENT - MEANS THE RECORDING OF THE JUDGMENT OR ORDER IN THE BOOK OF ENTRIES OF JUDGMENT BY THE CLERK OF COURT CONTAINING THE DISPOSITIVE PART OF THE JUDGMENT WHEN NO APPEAL OR MOTION FOR NEW TRIAL IS MADE. FINALITY OF JUDGMENT: IT SHALL BECOME FINAL AFTER THE LAPSE OF 15 DAYS WITHOUT THE ACCUSED FILING AN APPEAL. MOTION FOR NEW TRIAL OR RECONSIDERATION – IS ONE FILED WITH THE COURT BY THE ACCUSED AT ANY TIME BEFORE JUDGMENT OF CONVICTION BECOMES FINAL. OR, ON ITS OWN INITIATIVE, WITH THE CONSENT OF THE ACCUSED, THE COURT MAY ORDER NEW TRIAL OR RECONSIDERATION. GROUNDS FOR NEW TRIAL: 1. ERRORS OF LAW OR IRREGULARITIES PREJUDICIAL TO THE SUBSTANTIAL RIGHTS OF THE ACCUSED HAVE BEEN COMMITTED DURING THE TRIAL; 2. NEW AND MATERIAL EVIDENCE HAS BEEN DISCOVERED WHICH THE ACCUSED COULD NOT WITH REASONABLE DILIGENCE HAVE DISCOVERED AND PRODUCED AT THE TRIAL AND WHICH IF INTRODUCED AND ADMITTED WOULD PROBABLY CHANGE THE JUDGMENT. GROUND FOR RECONSIDERATION: ERRORS OF LAW OR FACT IN THE JUDGMENT WHICH REQUIRES NO FURTHER PROCEEDINGS. EFFECTS OF GRANTING A NEW TRIAL NEW TRIAL OR RECONSIDERATION: 1. WHEN A NEW TRIAL IS GRANTED ON THE GROUND OF ERRORS OF LAW OR IRREGULARITIES COMMITTED DURING THE TRIAL, ALL THE PROCEEDINGS AND EVIDENCE AFFECTED THEREBY SHALL BE SET ASIDE AND TAKEN ANEW. THE COURT MAY, IN THE INTEREST OF JUSTICE, ALLOW THE INTRODUCTION OF ADDITIONAL EVIDENCE. 2. WHEN A NEW TRIAL IS GRANTED ON THE GROUND OF NEWLY-DISCOVERED EVIDENCE, THE EVIDENCE ALREADY ADDUCED SHALL STAND AND THE NEWLY DISCOVERED AND SUCH OTHER EVIDENCE AS THE COURT MAY, IN THE INTEREST OF JUSTICE, ALLOW TO BE INTRODUCED, SHALL BE TAKEN AND CONSIDERED TOGETHER WITH THE EVIDENCE ALREADY IN THE RECORD. 3. IN ALL CASES, WHEN THE COURT GRANTS NEW TRIAL OR RECONSIDERATION, THE ORIGINAL JUDGMENT SHALL BE SET ASIDE OR VACATED AND A NEW JUDGMENT RENDERED ACCORDINGLY.

Compendium of Criminal Law and Jurisprudence (CLJ)

EFFECT OF DENYING MOTION FOR NEW TRIAL OR RECONSIDERATION: THE 15-DAY PERIOD OF PERFECTING AN APPEAL THAT WAS INTERRUPTED BY THE FILING OF THE MOTION SHALL BEGIN TO RUN AGAIN UPON RECEIPT OF THE ORDER OF DENIAL APPEAL - IS A LEGAL REMEDY WHEREBY A PARTY SEEKS FOR A REVIEW BY A SUPERIOR COURT THE JUDGMENT RENDERED BY THE TRIAL COURT. IT IS DONE BY THE ACCUSED IF CONVICTED. IF ACQUITTED, THE STATE CANNOT APPEAL ON THE GROUND OF DOUBLE JEOPARDY. MODES OF APPEAL: 1. ORDINARY APPEAL - IS A MATTER OF RIGHT AND IS NORMALLY MADE SIMPLY BY FILING OF A NOTICE OF APPEAL WITH THE COURT WHOSE JUDGMENT IS SOUGHT TO BE REVIEWED. 2. PETITION FOR REVIEW - LIKE ORDINARY APPEALS, MAY RAISE BOTH QUESTIONS OF FACT AS WELL AS OF LAW. BUT UNLIKE ORDINARY APPEALS, APPEALS BY PETITION FOR REVIEW ARE NOT A MATTER OF RIGHT, BUT OF DISCRETION. 3. PETITION FOR REVIEW ON CERTIORARI - IS NOT A MATTER OF RIGHT. THE SC WILL EXERCISE APPELLATE JURISDICTION ONLY IF IT DEEMS IT PROPER, IN ITS DISCRETION. ONLY PURE QUESTIONS OF LAW MAY BE RAISED. 4. AUTOMATIC APPEAL - WHEN DEATH PENALTY HAS BEEN IMPOSED WHERE AND HOW APPEAL IS TAKEN: 1. IN CASES DECIDED BY THE MTC, MCTC, AND MTCC, APPEAL CAN BE DONE TO RTC; 2. IN CASES DECIDED BY THE RTC, APPEAL SHALL BE FILED WITH THE CA; 3. IN CASES DECIDED BY THE CA, APPEAL BY PETITION FOR REVIEW SHALL BE FILED WITH THE SC. WHEN APPEAL IS TAKEN: AN APPEAL MUST BE TAKEN WITHIN 15 DAYS FROM PROMULGATION OF THE JUDGMENT OR FROM NOTICE OF THE FINAL ORDER APPEALED FROM. THIS PERIOD FOR PERFECTING AN APPEAL SHALL BE SUSPENDED FROM THE TIME A MOTION FOR NEW TRIAL OR RECONSIDERATION IS FILED UNTIL NOTICE OF THE ORDER OVERRULING THE MOTION HAS BEEN SERVED UPON THE ACCUSED OR HIS COUNSEL AT WHICH TIME THE BALANCE OF THE PERIOD BEGINS TO RUN. WITHDRAWAL OF APPEAL: APPEAL EVEN ALREADY PERFECTED MAY BE WITHDRAWN UPON MOTION OF THE ACCUSED BEFORE THE RECORD HAS BEEN FORWARDED BY THE CLERK OF COURT TO THE PROPER APPELLATE COURT IN WHICH CASE THE JUDGMENT SHALL BECOME FINAL. SEARCH WARRANT - IS DEFINED AS AN ORDER IN WRITING ISSUED IN THE NAME OF THE PEOPLE OF THE PHILIPPINES, SIGNED BY A JUDGE AND DIRECTED TO A PEACE OFFICER, COMMANDING HIM TO SEARCH FOR PERSONAL PROPERTY DESCRIBED THEREIN AND BRING IT BEFORE THE COURT. WHERE COURT SHALL APPLICATION FOR SEARCH WARR ANT BE FILED: 1. ANY COURT WITHIN WHOSE TERRITORIAL JURISDICTION A CRIME WAS COMMITTED. 2. FOR COMPELLING REASONS STATED IN THE APPLICATION, ANY COURT WITHIN THE JUDICIAL REGION WHERE THE CRIME WAS COMMITTED IF THE PLACE OF THE COMMISSION OF THE CRIME IS KNOWN, OR ANY COURT WITHIN THE JUDICIAL REGION WHERE THE WARRANT SHALL BE ENFORCED. HOWEVER, IF THE CRIMINAL ACTION HAS ALREADY BEEN FILED, THE APPLICATION SHALL ONLY BE MADE IN THE COURT WHERE THE CRIMINAL ACTION IS PENDING. PERSONAL PROPERTY THAT MAY BE SUBJECT OF SEARCH WARRANT: 1. SUBJECT OF THE OFFENSE; 2. STOLEN OR EMBEZZLED AND OTHER PROCEEDS, OR FRUITS OF THE OFFENSE; OR 3. USED OR INTENDED TO BE USED AS THE MEANS OF COMMITTING AN OFFENSE. REQUISITES FOR ISSUING SEARCH WARRANT: 1. IT MUST BE ISSUED UPON A PROBABLE CAUSE; 2. THE PROBABLE CAUSE MUST BE DETERMINED PERSONALLY BY THE JUDGE HIMSELF AFTER EXAMINATION UNDER OATH AND AFFIRMATION BY THE COMPLAINANT AND THE WITNESS HE MAY PRODUCE; 3. THE SEARCH WARRANT MUST PARTICULARLY DESCRIBE THE PLACE TO BE SEARCHED AND THE TINGS TO BE SEIZED; 4. THE SEARCH WARRANT MUST BE ISSUED IN CONNECTION WITH ONE SPECIFIC OFFENSE. PROBABLE CAUSE - IS DEFINED AS SUCH FACTS AND CIRCUMSTANCES WHICH LED A REASONABLE, DISCREET AND PRUDENT MIND OR MAN TO BELIEVE THAT THE OFFENSE HAS BEEN COMMITTED AND THAT THE OBJECTS SOUGHT IN CONNECTION WITH THE OFFENSE ARE IN THE PLACE SOUGHT TO BE SEARCHED. VALIDITY OR LIFETIME OF SEARCH WARRANT: THEREAFTER, IT SHALL BE VOID.

IT IS VALID FOR 10 DAYS FROM ITS DATE.

INSTANCES WHEN PERSON MAY BE SEARCHED EVEN WITHOUT SEARCH WARRANT (WARRANTLESS SEARCH): 1. SEARCH INCIDENT TO LAWFUL ARREST; 2. CONSENTED WARRANTLESS SEARCH; 3. SEARCH IN PLAIN VIEW; 4. SEARCH BASED ON PROBABLE CAUSE; 5. SEARCH OF MOVING VEHICLES; 6. SEARCH OF VESSELS AND AIRCRAFTS FOR VIOLATION OF CUSTOM LAWS. PROVISIONAL REMEDIES IN CRIMINAL CASES - ARE AVAILABLE ONLY IN CONNECTION WITH THE CIVIL ACTION ATTACHED WITH THE CRIMINAL ACTION. PROVISIONAL REMEDIES IN CRIMINAL CASES: Compendium of Criminal Law and Jurisprudence (CLJ)

1. 2. 3. 4. 5.

ATTACHMENTPRELIMINARY INJUNCTIONRECEIVERSHIPDELIVERY OF PERSONAL PROPERTYSUPPORT PENDENT LITE-

RULES ON SUMMARY PROCEDURE – IS ONE WHICH COVERS CASES UNDER THE EXCLUSIVE JURISDICTION OF MTC, MTCC AND MCTC.

Compendium of Criminal Law and Jurisprudence (CLJ)