The Board of Examiners for Criminologists in the Philippines is created for the purpose of regulating the practice ofCriminology.

It has the power to issue, suspend, or revoke certificate of registration for the practice of criminologyand to administer oath.All applicants for registration as criminologists shall be required to undergo and examination. The examination shall be in writing and shall cover the following subjects with their respective relative weights.

Criminal Jurisprudence and Procedure

Subjects Criminal Jurisprudence and Procedure Law Enforcement Administration Correctional Administration Criminalistics Criminal Sociology Ethics and Human Relations

Relative Weight 20% 20% 15% 20% 15% 10%

Criminal Jurisprudence and Procedure is further subdivided into: 1. Criminal Law 1 - Study of the Revised Penal Code book 1, special criminal statutes, Presidential Decrees, and Letters of Instructions. 2. Criminal Law 2 - Study of the Revised Penal Code book 2 3. Criminal Procedure - Study of the Rules of Court and Criminal Procedure covering the law on arrest, search and seizure, Preliminary Investigation and the granting of bail to an accused person; Rights of the accused person during the trial and the manner of prosecution of criminal offenses; Procedures in arraignment and trial and discharge of one of several defendants as state witness; Rules governing arrest without warrant and the use of firearms in case of resistance to an arrest; Study of court decisions regarding arrest and search and seizure. 4. Criminal Evidence - Study of the fundamental principle of criminal evidence as embodied in the rules of court. Civil Law 1. Filed by a private party.

a corporation an individual person

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

no incarceration

Crimes are divided into 2 classes 1. Misdemeanors - less than one year of incarceration 2. Felonies - sentence of one year or more. During the times of the Romans, a criminal charge meant presenting the case before the public.Both the person accused of the crime and the accuser would give speeches based on their side of the story.The individual with the best argumentation would determine the outcome of the case. Criminal Law 1. Filed by the government 2. Penalty: a guilty defendant is punished by

incarceration in jail or prison fine paid to the government

execution (death penalty)

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

Criminal Procedure The method prescribed by law for the apprehension and prosecution of persons accused of any criminal offense, and their punishment, in case of conviction. It is concerned with the procedural steps through which a criminal case passes, commencing with the initial investigation of a crime and concluding with the unconditional release of the offender. It is a generic term used to describe the network of laws and rules which govern the procedural administration ofcriminal justice. Criminal Jurisdiction The authority to hear and decide a particular offense and impose punishment for it. It has three requisites, namely: Subject matter cases of the general class where the proceedings in question belong as determined by the nature of the offense and by the penalty imposed by law; Territory the geographical limits of the territory over which the court presides and where the offense wascommitted; and Person of the accused acquired thru: a) arrest [with warrant or warrantless] or b) voluntary surrender. I. Prosecution of Offenses How instituted? By filing the: 1) Complaint, or 2) Information. Complaint A sworn written statement charging a person with an offense Executed and Subscribed by the O.P.A.O. [Offended Party, Any peace officer, or Other public officer charged with the enforcement of the law violated]. May be filed in the prosecutors office or directly to the court Information 1.An accusation in writing 2. Subscribed by the Prosecutor 3.Filed with the court Both are: 1. In writing 2. In the name of the People of the Philippines 3. Directed against all persons who appear to be responsible for the offense involved. Elements of a complaint or information: 1. Formal elements, and 2. Substantive elements.

It must be: 1. Sufficient in form, and 2. Sufficient in substance Thus, under Section 14, of Rule 110, a complaint or information may be amended, in form and in substance . A complaint or information is sufficient in form if it states: [N.D.A.N.A.P.] 1. The Name of the accused 2. The Designation of the offense given by the statute 3. The Acts or omissions complained of as constituting the offense 4.The Name of the offended party 5. The Approximate date of the commission of the offense 6. The Place where the offense was committed. A complaint or information is sufficient in substance if it doesnt contain any of the defects which is a ground for a motion to quash. (Section 3, Rule 117) Note: A motion to quash, once granted, is equivalent to dismissal (but not acquittal).

Remedy if a complaint or information is defective: I. If defective in form a) court may dismiss the complaint or information motu propio or upon motion, or b) accused may move for a BILL OF PARTICULARS II. If defective in substance No obligation is imposed on the judge to point out the duplicitousness or other defect in the indictment on which an accused is being arraigned. It is for the accused to move for a motion to quash on the ground that the complaint or information charges more than one offense, under sanction of waiver and loss of ground of objection (Concurring opinion of CJ Narvasa, People v. Bartulay, 192 SCRA 632) Note: For certain classes of Actions, it is the tribunal having jurisdiction which automatically determines whether or not the papers are in order before giving it due course, meaning, it satisfies itself if the complaint or information is sufficient in form and in substance. Examples: Articles of Impeachment in an impeachment proceedings Presidential Election Protest This is not so in criminal proceedings. It is incumbent upon the accused to object on substantive defects (People v. Bartulay, supra). Query: JP was charged for indiscriminate firing. He claimed that he has to fire his gun in self-defense because there was an actual threat on his person and the firing of warning shots was reasonably necessary in order to prevent or repel the unlawful aggression directed against him. Despite this, the fiscal went on to file the information in court. May JP claim that the information, though sufficient in form, is defective in substance? Why? No. JP cannot claim that the information is defective in substance. This is so because selfdefense is not a ground for a motion to quash but a matter of defense. If proven, selfdefense is a basis for acquittal, not dismissal.

Any explanation or defense which the defendant may want to invoke can be properly raised during trial (Galvez v. CA, 237 SCRA 685). Distinction between Acquittal and Dismissal: 1. Acquittal is based on MERITS of the case (substantive) ex: accused A was found innocent of killing B. 2. Dismissal is based on TECHNICALITY (procedural) ex: the crime has already prescribed. Notes: 1. There are certain classes of offenses that cannot be prosecuted de officio 1private offenses, i.e. adultery, concubinage, etc. and 2private libels, i.e. defamation imputing private offenses. 2. For some offenses, there are conditions precedents before plaintiff can repair to the courts for redress [i.e. those requiring mediation at the lupong tagapamayapa]. However, non-compliance of this rule is not jurisdictional. The failure of the plaintiff to comply with the conciliation requirement of Sec. 40 under the Local Government Code of 1991 does not affect the Courts jurisdiction if no timely objection is made [San Miguel Village School v. Pundogar, 173 SCRA 704, Bejar v. CA, 169 SCRA 566]. 3. All criminal actions, whether commenced by filing of complaint or information, are under the direct control of the prosecutor. Queries: I. A, B, C, D were charged with homicide. Preliminary investigation was conducted by the fiscal who found sufficient evidence against all, but, according to his determination, D was the least guilty. So the fiscal filed the information only against A, B, and C leaving out D whom he would utilize as state witness. Is the fiscal correct? Under the Rules of Court, the fiscal cannot exclude D without court approval. It would be a grave abuse of discretion on the part of the court in not including D in the information because of the prosecutors finding that there is sufficient evidence against all. There was no more necessity to utilize D as a state witness. Exeption: Under the Witness Protection Act, the prosecutor has the discretion of discharging an accused as a state witness and no court approval is necessary. II. Is designation of the offense an essential element of the complaint or information? Why? Give the exception, if any. No. Because in case of conflict between the designation of the offense and the allegations, the allegation prevails. The exception is when the allegation is so ambiguous that it may be interpreted to mean either one or another offense, then the designation of the offense is controlling (Case of US v. Dixon, where the designation is for trespassing but the allegations indicates either trespassing or a possible attempted rape). II. Prosecution of Civil Action Basis: Art. 100, RPC - Every person criminally liable is also civilly liable Generally, when a person commits a crime, he offends two entities, namely: 1) The State [whose laws he violated]; and

2) The individual [whose person, right, honor, chastity, or property was actually or directly injured or damaged by the same acts or omissions]. Exception: When the infraction falls under the class of offenses called victimless crimes like gambling, betting on illegal cock fights, drug addiction, prostitution, etc. etc. under the theory that the offender himself is his own victim. Sec. 1, Rule 111 - When a criminal action is instituted, the civil action for the recovery of civil liability is deemed instituted with the criminal action unless the offended party: Waives the civil action; Reserves the right to institute it separately; or Institutes the civil action prior to the criminal action Principle of proferrence of criminal action over civil action: After the criminal action has been commenced, the separate civil action arising therefrom cannot be instituted until final judgment has been entered in the criminal action. If the criminal action is filed after the said civil action has already been instituted, the latter shall be suspended in whatever stage it may be found before judgments on the merits xxx. Reason for the rule: Criminal action is based on an offense committed against the laws of the State while civil action is based on an injury to individual rights. Public interest is superior over private one. Exception to the rule of proferrence of criminal action over civil action When the independent Civil Action is based on Articles 32, 33, 34 and 2176 of the Civil Code. When there is a prejudicial question in the civil case that must be decided first before the criminal action can proceed because the decision in the civil action is vital to the judgment of the criminal case. Elements of Prejudicial Question: The previously instituted civil action involves an issue similar or intimately related to the issue raised in the subsequent criminal action, and The resolution of such issue determines whether or not the criminal action may proceed. Queries: 1. Nobern married Armie on 2005. On 2006, Nobern married X. On 2007, Armie filed a criminal case for bigamy against Nobern. On 2008, X filed a civil case for annulment against Nobern on the ground that their marriage was void ab initio for having been contracted during the subsistence of Noberns prior marriage to Armie without X knowing it. Is there a prejudicial question? Why? 2. Nobern married Armie on 2005. On 2006, Nobern married X because X threatened to kill him unless he marries X. On 2007, Nobern filed an annulment against X on the ground of threat and intimidation. On 2008, Armie filed a criminal case for bigamy against Nobern upon learning of Noberns marriage to X. Is there a prejudicial question? Why? Note: Prejudicial question is subject to the principle that he who comes into court must come with clean hands. The accused cannot be permitted to use the law in order to frustrate the ends

of justice. Good faith or bad faith is important. III. Preliminary Investigation Defined It is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial. When required? Before the filing of complaint or information for an offense where the penalty prescribed by law is imprisonment of at least 4 years, 2 months and 1 day, without regard to fine. When NOT REQUIRED: In cases where the penalty imposed by law is NOT at least 4 years, 2 month, & 1 day In case of a valid warantless arrest [shall proceed in inquest] Officers authorized to conduct PI Provincial or City Prosecutors and their assistants; National and Regional State Prosecutors; and Other officers as may be authorized by law [COMELEC during Election Period, Ombudsman, etc.] Note: Effective 2004, judges of the lower court canno longer conduct Preliminary Investigations. Rules: 1. The complaint must be sufficient in form [See notes in Prosecution of Offenses, supra] 2. Supported by affidavits of the complainant and his witnesses 3. Numbers of copies are proportionate to the number of respondents plus 2 official copies 1. Within 10 days after the filing, fiscal determines if there is prima facie case. If no dismiss. If yes issue subpoenas. 2. Within 10 days after receipt of subpoena with the complaint and supporting affidavits and documents respondent submits counter affidavits. 3. In case respondent cannot be subpoenaed or does not submit counter affidavit within 10 days investigating officer resolves the complaint on the basis of evidence presented by complainant. Clarificatory hearing if there are facts and issues to be clarified from a party or witness within 10 days after submission of counter affidavit. No direct examinations. Questions must be addressed to the fiscal. Resolution within 10 days after the investigation. Forwarding of fiscals resolution to superiors within 5 days Superiors shall act on the resolution within 10 days IV. Arrest Defined: 1. [Based on Rules of Court] The taking of a person in custody in order that he may be bound to answer for the commission of an offense (Sec. 1, RRC)

2. [Based on Jurisprudence] A restraint on person, depriving one of his own will and liberty, binding him to become obedient to the will of the law (Larraaga v. CA, 92 SCAD 605) How made: As to the manner of enforcement, by: 1) Actual restraint, or 2) Submission to the custody of the person making arrest As to the presence or absence of judicial order: 1) By virtue of a warrant, or 2) Warrantless arrest, in cases allowed by the Rules As to the person arresting: 1) Arrest by peace officer, or 2) Citizens arrest When warrantless arrests allowed: 1. Inflagrante Delicto arrest when in his presence, the person to be arrested has: Committed Is actually committing an offense Is attempting to commit Translation: In flagrante delicto [latin] Literally, caught in the act of wrong. 2. Hot Pursuit arrest when an offense has Ajust been committed and Bhe has probable cause to believe based on personal knowledge of facts or circumstances that the person arrested has committed it. Tests in determining probable cause based on personal knowledge: Must be based on the senses, i.e. 2) Hearing 3) Smell 1) Sight

Notes: A. The arresting officer must have personal knowledge of the commission of the crime through his senses. He cannot fish for evidence first and afterward make the arrest. B. The term personal knowledge excludes hearsay as a basis for probable cause. C. There must first be a lawful arrest before any search may be conducted. The process cannot be reversed (Dissent of Chief Justice A. Narvasa, People v. Malmstedt). Exception: in case of valid warantless searches (Majority opinion, People v. Malmstedt, 198 SCRA 401). D. For purposes of arrest Officer may break into any building or enclosure where the person to be arrested is or is reasonably believed to be, if he is refused admittance thereto, after announcing his authority and purpose (Sec. 11, RRC). E. For purposes of search and seizure he cannot break into any building or enclosure without violating the right of privacy. Exceptions: 1) When there is consent (Dissent of Justice I. Cruz, People v. Evaristo, 216 SCRA 431). 2) When there is a warrant. 3. Arrest of fugitives from justice persons who has escaped from a penal establishment, place of confinement etc. while serving sentence, temporarily confined, or case is still pending may be arrested under the theory that he is engaged in the commission of a continuing offense (Parulan v. Director of Prisons, 22 SCRA 639).

Methods of Arrest: I. With warrant, by officer: The officer shall inform the person of: 1) the cause of the arrest 2) fact that warrant exist Exception: 1) When he flees or forcibly resist before 1 & 2 is completed 2) When the giving of info will imperil the arrest II. Without warrant, by an officer and by private persons: Inform the person of 1) authority and cause of arrest [if person arresting is police officer] or 2) intent to arrest and cause [if person arresting is private person] Unless when the person to be arrested is either: 1) Engaged in the commission of the offense 2) Is pursued immediately after its commission 3) Has escaped, flees or forcibly resist before the officer or the the arrest has the opportunity to inform him of 1 & 2, or 4) When the giving of info would imperil the arrest

private person making

Tests in determining lawfulness of USE OF LETHAL FORCE by the arresting officer: 1) Test of reasonability conduct of the arresting officer is examined. Where the precipitate action of the arresting officer resulted in the loss of a human life and there exists no circumstances whatsoever justifying the shooting of a person who is asleep, even if he is a notorious criminal condemnation, and not condonation should be the rule (People v. Oanis, 74 Phil. 257). 2) Test of necessity conduct of the person arrested is examined. Where the arrested person attempts to flee, struck a policeman with his fists, draw a mess knife and attacked another policeman, the arresting officer is not required to afford him a fair opportunity for equal struggle. A police officer, in the performance of his duty, must stand his ground and cannot, like private individual, take refuge in flight. His duty requires him to overcome the offender (US v. Mojica, 42 Phil 784). V. Bail Kinds of bail bonds: 1. cash bond 2. property bond 3. surety bond 4. recognizance Defined: The security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions of law. Generally: The right to bail only accrues when a person is under custody. Court must have jurisdiction over the person of the accused either thru: 1) arrest, with or without warrant, or 2) voluntary

surrender. Exception: When the person under investigation cannot personally appear because he is hospitalized but applies for bail through his counsel, he is deemed to be under the constructive custody of the law (Dinapol v. Baldado, 225 SCRA 110, Paderanga v. CA, 247 SCRA 741). Where to apply? In the court where the case is pending (if not yet filed, may be filed before any court). Conditions for bail: See Sec. 2, Rule 114 Bail, a matter of right: 1. Before or after conviction by MTC, MTCC or MCTC 2. Before conviction by RTC of an offense not punishable by death, reclusion temporal, or life imprisonment Bail, a matter of discretion: 1. Upon conviction of RTC of an offense not punishable by death, reclusion perpetua, or life imprisonment. 2. Before conviction for capital offenses [punishable by death], or an offense punishable by reclusion perpetua or life imprisonment, when evidence of guilt is not strong. (Bail is neither a matter of right nor a matter of discretion only in cases where the evidence of guilt is strong). Bail granted in capital offenses despite findings that evidence of guilt is strong (Cited in Cruz, Constitutional Law, 2003 Ed.): De la Rama v. Peoples Court, 77 Phil. 461 accused was granted bail due to tuberculosis that requires confinement to the hospital. People v. Sison, GR 398, September 19, 1946 humanitarian reasons considered by SC. Notes: 1. The right to bail flows from the presumption of innocence. This is so because accusation is not synonymous with guilt. 2. In deportation proceedings, bail is not a matter of right but of discretion on the part of the Commissioner of Immigration and Deportation (Harvey v. Defensor-Santiago, 162 SCRA 398). 3. Bail is not available to military facing court martial proceedings (Commendador v. De Villa, 200 SCRA 80). 4. I extradition proceedings, bail may be granted provided the accused undertake to submit himself to the jurisdiction of the court and provided further that he is not a flight risk (Govt. of Hong Kong v. Judge Olalia, 2007) VI. Rights of the accused Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals, or good customs or prejudicial to a third person with a right recognized by law (Art. 6, NCC).

In all criminal prosecutions, the accused shall be entitled to the following rights: Key: [PIPTEC CoSpA]

P resumed innocent I nformed of the nature of the cause and accusation P resent in person and by counsel T estify in his own behalf E xempt from being compelled to be a witness against himself C onfront witnesses C ompulsory process to secure attendance of witnesses and production of other evidence S peedy, impartial and public trial A ppeal 1) To be presumed innocent until the contrary is proved beyond reasonable doubt. Hierarchy of proof [according to degree of persuasiveness]: Absolute certainty ultimate truth [not required in any legal proceeding] Moral certainty passed the test of human experience [i.e., guilt beyond reasonable doubt, conclusive presumptions] Relative certainty so called because a higher degree of proof exists [i.e., preponderance of evidence, probable cause, substantial evidence, disputable or prima facie presumptions] Notes: The starting point is the presumption of innocence (See: Section 3, Par. (a), Rule 131, RRC) It is incumbent upon the prosecution to demonstrate culpability. The burden of proof lies in the prosecution. Unless guilt beyond reasonable doubt is established, the accused need not prove his innocence. Burden of proof the duty of the affirmative to prove what it alleges. (Africa, The Art of Argumentation and Debate). Absolute certainty is not demanded by the law to convict but only moral certainty. 2) To be informed of the nature and cause of the accusation against him. Essential to avoid surprise and to afford him the opportunity to prepare his defense accordingly. Arraignment serves this purpose by informing him why the prosecuting arm of the state is mobilized against him. An accused cannot be convicted of an offense unless it is clearly charged in the compliant or information. Basic rule you cannot prove what you did not allege. 3) To be present and defend in person and by counsel at every stage of the proceedings, from arraignment to promulgation of judgment. Express or Implied waiver is renunciation to be present on that particular date only. Escape of the accused is waiver by implication to be present on said date and all subsequent trial dates. [Fact of escape made his failure unjustified because he has, by escaping, placed himself beyond the pale and protection of the law (People v. Salas 143 SCRA 163, cited in Cruz, Constitutional Law, 2003 Ed.)]. Right to counsel is right to effective counsel. It is not enough to simply appoint a counsel de officio. Counsel must have no conflict of interest. Thus, a fiscal cannot be appointed as counsel de officio. When an accused is represented by a fake lawyer who pretended to be a member of the bar, his right to counsel is violated, unless the accused voluntarily chose him knowing him to be

a non-lawyer. 4) To testify as a witness in his own behalf but subject to cross-examination on matters covered by direct examination. His silence shall not in any manner prejudice him. 5) To be exempt from being compelled to be a witness against himself. Right to testify in his own behalf: Once exercised, the accused is subject to limited cross-examination. If not exercised, no inference of guilt can be derived from his silence alone. Right against self incrimination: Intended to shield the guilty & imprudent as well as the innocent & farsighted. Based on public policy and humanity, otherwise, the accused will be placed on the strongest temptation to commit perjury. Notes: A. Prohibition covers 1testimonial compulsion and 2the production of the accused of incriminating documents and articles demanded from him. B. Does not include compulsion to 1submit fingerprints, 2photograph, 3blood or urine samples, and 4others requiring a mere mechanical act on the part of the accused [Villaflor v. Summers, 41 Phil. 64, US v. Tan Teng, 23 Phil. 145, Schemerber v. California, US L.Ed. 2d 908, 89 S CT No. 658]. 6) To confront and cross-examine the witnesses against him at the trial. Reasons: To meet the witness face to face (Bill of Rights, 1987 Constitution) To enable the court to judge the truthfulness, deportment, and the appearance of the witness while testifying (US v, Javier, 37 Phil 449). Effect of absence of right to cross examine: When there is express or implied waiver no effect In the absence of waiver testimony of the witness cannot be considered as complete and therefore cannot form part of the evidence against the accused. Effect when witness dies: Before he could take witness stand inadmissible After giving his direct testimony but before cross examination Gen. rule: inadmissible. Exception: where the adverse party was given adequate opportunity but failed to cross examine due to his own fault After the defense conducted cross examination admissible 7) To have compulsory process issued to secure the attendance of witnesses and production of other evidence in his behalf. Compulsory process refers to the issuance of the court of: Sub-poena for the attendance of witnesses Sub-poena duces tecum for the production of documents Notes: A. If a sub-poena or sub-poena duces tecum is issued and the person named in the subpoena refuses to appear or refuses to produce the required documents without justifiable reasons court has the power to declare that person in contempt and may order his arrest. [People v. Montejo, 21 SCRA 722].

B. The coercive powers of the court must be employed in order to give meaning to this right. 8) To have speedy, impartial and public trial. Speed: Justice delayed is justice as denied Impartiality: Every party litigant is entitled to nothing less than the cold neutrality of an impartial court (Macalintal v. Judge Teh, 280 SCRA 623). Public trial: So that the public may see that he is fairly dealt with and not unjustly condemned in case of conviction. So the public may know of the fact or the basis of his innocence in case of acquittal. Note: Public trial and Trial by publicity are two different things. They are not the same. There should be a public trial, not trial by publicity. 9) To appeal in all cases allowed and in the manner prescribed by law. The right to appeal is a statutory right but withdrawal of this right, in the absence of a valid waiver, constitutes a denial of due process guaranteed by the Constitution (Cruz, Constitutional Law, 2003 Ed.). It is not a natural right or inherent one. The party who seeks to avail of the said right must comply with the requirements of the Rules. Otherwise, the right to appeal is lost (People v. Sabellano, 198 SCRA 196) VII. Arraignment and Plea Arraignment: The initial step in a criminal prosecution whereby the defendant is brought before the court to hear the charges and to enter a plea (Blacks Law Dictionary). Venue for Arraignment and Plea: Before the court where the complaint or information was filed or is assigned for trial. Purpose of arraignment [Key: FIG] (14 Am. Jur., p. 939, GV Jacinto, Crim. Proc.) 1) To fix the identity of the accused 2) To inform him of the charge 3) To give the accused an opportunity to plead Note: In order for the Court to acquire complete jurisdiction over the person of the accused, arraignment is essential. Unless this procedure is completed, the court cannot commence trial in absentia. Procedure: Arraignment must be made in open court by the judge or the clerk Accused must be furnished with a copy of the complaint or information Complaint or Information must be read in a language or dialect known to him Accused must be present Accused must personally enter his plea I. If under preventive detention

Raffle of case and transmittal of records within 3 days Arraignment within 10 days from the date of raffle Pre trial conference within 10 days after arraignment II. If not under preventive detention General rule within 30 days from the date the court acquires jurisdiction Exception a shorter period is provided by special law or SC Circular Rules in entering a plea: If accused refuses to plead or makes a conditional plea a plea of not guilty shall be entered If accused enters a plea but presents exculpatory evidence plea of guilty is withdrawn and a plea of not guilty shall be entered for him. Burden of proof shifts. If accused enters a plea to a capital offense court shall conduct a searching inquiry into the voluntariness and full comprehension of the consequences of his plea and shall require the prosecution to prove his guilt and the precise degree of culpability. Pre-trial Conference: Private offended party shall be required to appear for purposes of: 1) Plea-bargaining 2) Determination of civil liability 3) Other matters requiring his presence In case of failure of the offended party to appear despite due notice conformity of prosecutor is sufficient for purposes of pleading guilty to a lesser offense which is necessarily included in the offense charged. Bill of particulars: The accused may, before arraignment, move for a bill of particulars to enable him properly to plead and prepare for trial. The motion shall specify the alleged defects of the complaint or information and the details desired. Scope of the Bill of Particular: Bill of Particulars is a remedy for formal defects and not substantive defects. The remedy against an indictment that fails to allege the time of the commission of the offense with sufficient definition is a Motion for Bill of Particulars and not a Motion to Quash (Rocaberte v. People, 192 SCRA 152). [See discussion in: Elements of Complaint and Information, remedy in case complaint or information is defective, supra] Modes of discovery: Accused has a right against the suppression of evidence favorable to an accused which is material as to 1) guilt, or 2) as to punishment (Webb v. De Leon, 247 SCRA 653). Suppressed evidence must be of such nature as to affect the outcome of the trial (US v. Agurs, US v. Bagley) Notes: 1) Arraignment is important for notifying the accused of the cause he is required to meet. The accused has the right to be informed of the nature and cause of the accusation against him (Borja v. Mendoza, 77 SCRA 422). 2) The existence of a plea is an essential requisite to double jeopardy (People v. Balicasan).

EVIDENCE
I. PRELIMINARY CONSIDERATION:

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

As an element of our Criminal Justice System, it is the duty of every law enforcement agencies to provide the prosecution with the materials and information (Evidence) necessary in order to support conviction.

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

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

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

Evidence helps in the determination of Questions of Facts by helping the judge reconstruct the chain of events from the conception up to the consummation of a criminal design.

C. Factum Probandum and Factum Probans

Factum Probandum The ultimate facts to be proven. These are the propositions of law.

Examples: murder was committed thru treachery robbery was made through force upon things

Factum Probans The evidentiary Facts. These addresses questions of fact.

Examples: exit wounds were in front indicating that victim was shot at the back destroyed locks indicative of force upon things

Thus, the outcome of every trial is determined by:

Propositions of law, and Questions of fact.

D. Proof and Evidence

Evidence the means to arrive at a conclusion. Under the Revised Rules of Court, evidence is defined as the means, sanctioned by the rules, for ascertainment in a judicial proceeding, the truth, respecting a matter of fact.

Proof the result of introducing evidence. The establishment of a requisite degree of belief in the mind of the judge as to the facts in issue. It refers to the accumulation of evidence sufficient to persuade the trial court. Quantum of evidence the totality of evidence presented for consideration Quantum of proof refers to the degree of proof required in order to arrive at a conclusion. Burden of evidence the duty of a party of going forward with evidence. Burden of proof the duty of the affirmative to prove that which it alleges.

Variations on degrees of proof based on type of action:

1. Criminal Action proof beyond reasonable doubt [that degree of proof which produces conviction in an unprejudiced mind] 2. Civil Action preponderance of evidence [evidence of greater weight or more convincing than that which is offered to refute it] 3. Administrative Action sufficiency of evidence [that amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion]

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

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

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

F. Principle of Chain of Custody of Evidence

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

The proponent need not negate all possibilities of substitution or tampering in the chain of custody, but must show that: The evidence is identified as the same object which was taken from the scene; It was not tampered with, or that any alteration can be sufficiently explained (i.e. discoloration due to the application of ninhydrine solution, etc.); and The persons who have handled the evidence are known and may be examined in court with regard to the object.

II. GENERAL PROVISIONS:

A. Concepts of evidence:

1.

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

2. It is sanctioned by the rules of court meaning, not excluded by the rules on relevancy and admissibility 3. It is used in a judicial proceeding there is a jural conflict involving different rights asserted by different parties 4. It pertains to the truth respecting a matter of fact evidence represents a claim either for the prosecution or for the defense where issues (clashes of view) are present.

Admissibility of Evidence:

For evidence to be admissible, it must be: 1) relevant to the issue [relevancy test], and 2) not excluded by the law or rules of court [competency test].

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

Test of relevancy of evidence:

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

When is evidence relevant?

When it has a relation to the fact in issue as to induce belief in its: 1) existence, or 2) non-existence

In other words, evidence is relevant when it is: 1) material, and 2) has probative value

What is meant by probative value?

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

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

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

Collateral matters are classified into:

1. Antecedent circumstances facts existing before the commission of the crime [i.e. hatred, bad moral character of the offender, previous plan, conspiracy, etc.] 2. Concomitant circumstances facts existing during the commission of the crime [i.e. opportunity, presence of the accused at the scene of the crime, etc.] 3. Subsequent circumstances facts existing after the commission of the crime [i.e. flight, extrajudicial admission to third party, attempt to conceal effects of the crime, possession of stolen property, etc.]

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

B. Judicial Notice, basis of:

Judicial notice is based on necessity and expediency. This is so because what is known need not be proved.

Different kinds of judicial notices:

1. 2. 3.

mandatory discretionary hearing required

C. Confession and Admission, distinguished: Confession an acknowledgement of guilt. Admission an acknowledgment of facts.

Different kinds of confession/admission: 1. 2. Judicial Extrajudicial

3. 4. 5. 6.

Oral Written Voluntary Forced

Different kinds of evidence: 1. Relevant evidence evidence having any value in reason as tending to prove any matter provable in an action. 2. Material evidence evidence is material when it is directed to prove a fact in issue as determined by the rules of substantive law and pleadings. 3. 4. Competent evidence not excluded by law. Direct evidence proves the fact in issue without aid of inference or presumptions.

5. Circumstantial evidence - the proof of fact or facts from which, taken either singly or collectively, the existence of a particular fact in dispute may be inferred as necessary or probable consequence. 6. 7. Positive evidence evidence which affirms a fact in issue. Negative evidence - evidence which denies the existence of a fact in issue.

8. Rebutting evidence given to repel, counter act or disprove facts given in evidence by the other party. 9. Primary/Best evidence that which the law regards as affording the greatest certainty.

10. Secondary evidence that which indicates the existence of a more original source of information. 11. Expert evidence the testimony of one possessing knowledge not usually acquired by other persons. 12. Prima facie evidence evidence which can stand alone to support a conviction unless rebutted. 13. Conclusive evidence incontrovertible evidence

14. Cumulative evidence additional evidence of the same kind bearing on the same point. 15. Corroborative evidence additional evidence of a different kind and character tending to prove the same point as that of previously offered evidence.

16. Character evidence evidence of a persons moral standing or personality traits in a community based on reputation or opinion. 17. Demeanor evidence the behavior of a witness on the witness stand during trial to be considered by the judge on the issue of credibility. 18. Demonstrative evidence evidence that has tangible and exemplifying purpose.

19. Hearsay evidence oral testimony or documentary evidence which does not derive its value solely from the credit to be attached to the witness himself. 20. Testimonial evidence oral averments given in open court by the witness.

21. Object/Auotoptic proferrence/Real evidence those addressed to the senses of the court (sight, hearing, smell, touch, taste). 22. Documentary evidence those consisting of writing or any material containing letters, words, numbers, figures, symbols or other modes of written expression offered as proof of its contents.

Best Evidence Rule: When the subject of the inquiry is the contents of a document, no evidence shall be admissible other than the original of the document.

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

A document is legally considered Original when: 1. It is the subject of an inquiry

2. When in two or more copies executed at or about the same time, with identical contents. 3. When an entry is repeated in ordinary course of business, one being copied from another at or near the time of the transaction.

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

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

Secondary Evidence When the original document has been: 1. 2. 3. lost, destroyed, or cannot be produced in court.

The offeror without bad faith must: 1. 2. prove its execution or existence, and prove the cause of its unavailability.

Secondary evidence may consist of: 1. 2. 3. a copy, recital of its contents in some authentic document, or by testimony of witnesses.

When original document is in the custody of: 1. adverse party adverse party must have reasonable notice to produce it. After such notice and satisfactory proof of its existence, he fails to produce it, secondary evidence may be presented. 2. public officer contents may be proved by certified copy issued by the public officer in custody thereof.

III. TESTIMONIAL EVIDENCE:

Qualifications of witnesses: 1. 2. can perceive can make known their perception to others

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

Res Inter Alios Acta Rule General Rule: The rights of a party cannot be prejudiced by an act, declaration, or omission of another.

Exception: 1. 2. 3. 4. admission by a co-partner or agent admission by a conspirator admission by privies admission by silence

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

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

Exceptions: 1. 2. Dying declarations (ante-mortem statements) Declaration against interest

3. 4. 5. 6. 7. 8. 9. 10. 11. 12.

Act or declaration about pedigree Family reputation or tradition regarding pedigree Common reputation Part of the res gestae Entries in the course of business Entries in official records Commercial lists and the like Learned treatises Testimony or deposition at a former proceeding Examination of child victim/witness in cases of child abuse

IV. BURDEN OF PROOF AND PRESUMPTIONS:

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

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

2 kinds of presumptions: 1. Conclusive presumptions [jure et de jure] based on rules of substantive law which cannot be overcome by evidence to the contrary. 2. Disputable presumptions [prima facie presumptions, rebuttable presumptions] based on procedural rules and may be overcome by evidence to the contrary.

Kinds of Conclusive Presumptions:

1. Estoppel by record or judgment the preclusion to deny the truth of matters set forth in a record, whether judicial or legislative, and also deny the facts adjudicated by a court of competent jurisdiction (Salud v. CA, 233 SCRA 387). 2. Estoppel by deed a bar which precludes a party to a deed and his privies from asserting as against the other and his privies any right or title in derogation of the deed or denying the truth of any material fact asserted in it (Iriola v. Felices, 30 SCRA 202). 3. Estoppel in pais based upon express representation or statements or upon positive acts or conduct. A party cannot, in the course of litigation or in dealings in pais, be permitted to repudiate his representation or occupy inconsistent positions. 4. Estoppel against Tenant the tenant is not permitted to deny the title of his landlord at the time of the commencement of the relation of landlord and tenant between them.

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

Presentation of Evidence: The examination of witnesses presented in a trial or hearing shall be done is open court, and under oath or affirmation. Unless the witness is incapacitated to speak, or the question calls for a different mode of answer, the answer of the witness shall be given orally.

Rights and Obligations of witnesses: 1. To be protected from irrelevant, improper, or insulting questions, and from harsh or insulting demeanor. 2. 3. Not to be detained longer than the interest of justice requires. 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. 5. Not to give an answer which will tend to degrade his reputation, unless it be to the very fact at issue or to the fact from which the fact in issue would be presumed, but a witness must answer to the facts of his previous final conviction for an offense.

Order of Examination of individual witnesses: Direct examination by the proponent

Cross examination by the opponent Re-direct examination by the proponent Re-cross examination by the opponent

Direct examination the examination in chief of a witness by the party presenting him on the facts relevant to the issue. Cross examination the examination by the adverse party of the witness as to any matter stated in the direct examination, or connected therewith, with sufficient fullness and freedom from interest or bias, or the reverse, and to elicit all important facts bearing upon the issue. Re-direct examination second questioning by the proponent to explain or supplement answers given in the cross examination. Re-cross examination second questioning by the adverse party on matters stated on the re-direct and also on such matters as may be allowed by court.

Different Types of Questions: Leading questions It is one where the answer is already supplied by the examiner into the mouth of the witness. [Ex. You saw Jose killed Juan because you were present when it happened, didnt you?] Misleading question a question which cannot be answered without making an unintended admission. [Ex. Do you still beat your wife?] Compound question a question which calls for a single answer to more than one question. [Ex. Have you seen and heard him?] Argumentative question a type of leading question which reflects the examiners interpretation of the facts. [Ex. Why were you driving carelessly?] Speculative question a question which assumes a disputed fact not stated by the witness as true. [Ex. The victim cried in pain, didnt he?] Conclusionary question a question which asks for an opinion which the witness is not qualified or permitted to answer. [Ex. Asking a high school drop-out whether the gun used is a Cal. 45 pistol or 9mm pistol] Cumulative question a question which has already been asked and answered. Harassing/Embarrassing question [Ex. Are you a homosexual?]

Classes of Documents: Documents are either public or private.

Public documents are:

1. The written official acts, or records of the official acts of sovereign authority, official bodies and tribunals, and public officers, whether of the Philippines, or a foreign country. 2. Documents acknowledged before a notary public except last wills and testaments. 3. Public records (1) kept in the Philippines, or private documents (2) required by law to be entered therein.

All other writings are private.

SOME USEFUL LATIN TERMS AND LEGAL MAXIMS:

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

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

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

Ignorantia facti excusat mistake of fact excuses.

Praeter intentionem different from that which was intended.

Error in personae mistake in identity.

Abberatio Ictus mistake in the blow

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

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

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

Mens rea guilty mind.

Actus reus guilty act.

Res ipsa loquitor the thing speaks for itself.

Causa Proxima proximate cause which produced the immediate effect.

Prima facie at first glance.

Locus Criminis scene of the crime or crime scene.

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

Res Gestae the thing itself.

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

1. Berto, with evident premeditation and treachery killed his father. What was the crime committed? A. B. C. D. Murder Parricide Homicide Qualified Homicide Answer: B

2. PO3 Bagsik entered the dwelling of Totoy against the latters will on suspicion that Bitoy keep unlicensed firearms in his home. What was the crime committed by PO3 Bagsik? A. B. C. D. Trespass to Dwelling Violation of Domicile Usurpation Of Authority Forcible Trespassing Answer: B

A. 3. Charlie and Lea had been married for more than six months. They live together with the children of Lea from her first husband. Jane, the Charlie had sexual relationship with B. C. D.

Indirect Bribery Direct Bribery Corruption of Public Officials Qualified Bribery Answer: D

14 year old daughter of Lea. very much.

Jane loves Charlie

6. Which of the following is the exemption to the hearsay rule made under the consciousness of an impending death? A. B. C. parol evidence ante mortem statement suicide note dead man statute Answer: D

What was the crime committed by Charlie, if any? A. B. C. D. Simple Seduction Qualified Seduction Consented Abduction Rape Answer: B

D.

4. Prof. Jose gave a failing grade to one of his students, Lito. When the two met the following day, Lito slapped Prof. Jose on the face. What was the crime committed by Lito? A. B. C. D. Corruption of Public Officials Direct Assault Slight Physical Injuries Grave Coercion Answer: B

7. Factum probans means __. A. B. preponderance of evidence ultimate fact

C. evidentiary fact D. sufficiency of evidence Answer: C

8. It refers to family history or descent transmitted from . one generation to another A. inheritance heritage pedigree culture Answer: C

5. A warrant of arrest was issued against Fred for the killing of his parents. When PO2 Tapang tried to arrest him, Fred gave him 1 million pesos to set him free. PO2 Tapang refrained in arresting Fred. What was the crime committed by PO2 Tapang?

B. C. D.

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

in the first instance. A. B. C. D. Appellate Jurisdiction General Jurisdiction Original Jurisdiction Exclusive Jurisdiction Answer: C

13. The Anti-Bouncing Check Law. A. B. C. D. RA 6425 RA 8353 BP.22 RA 6975 Answer: C

10. A person designated by the court to assist destitute litigants. A. B. C. D. Counsel de officio Attorney on record Attorney at law Special counsel Answer: A

14. The taking of another persons personal property, with intent to gain, by means of force and intimidation. A. B. C. D. qualified theft robbery theft malicious mischief Answer: B

11. Which of the following is not covered by the Rules on Summary Procedure? A. B. Violation of rental laws Violation of traffic laws 15. Felony committed when a person compels another by means of force, violence or intimidation to do something against his will, whether right or wrong. A. B. C. D. grave threat grave coercion direct assault slander by deed Answer: B

C. The penalty is more than six months of imprisonment D. The penalty does not exceed six months imprisonment Answer: C 12. It refers to a territorial unit where the power of the court is to be exercised. A. B. C. D. jurisdiction jurisprudence venue bench Answer: C

16. These are persons having no apparent means of subsistence but have the physical ability to work and neglect to apply himself or herself to lawful calling. A. B. Pimps prostitutes

C. D.

gang members vagrants Answer: D

be married, although the marriage can be later declared void. A. B. concubinage bigamy adultery immorality Answer: C

17. A medley of discordant voices, a mock serenade of discordant noises designed to annoy and insult. A. B. C. D. Tumultuous charivari sedition scandal Answer: B

C. D.

21. Age of absolute irresponsibility in the commission of a crime. A. B. C. 15-18 years old 18-70 years old 9 years old and below between 9 and 15 years old Answer: C

18. The unauthorized act of a public officer who compels another person to change his residence. A. B. C. D. violation of domicile arbitrary detention expulsion direct assault Answer: C

D.

22. Those who, not being principals cooperate in the execution of the offense by previous or simultaneous acts. A. B. C. Accomplices Suspects principal actors accessories Answer: A

19. The deprivation of a private person of the liberty of another person without legal grounds. A. B. C. D. illegal detention arbitrary detention forcible abduction forcible detention Answer: A

D.

23. The loss or forfeiture of the right of the government to execute the final sentence after the lapse of a certain time fixed by law. A. prescription of crime prescription of prosecution prescription of judgement prescription of penalty Answer: D

20. An offense committed by a married woman through carnal knowledge with a man not her husband who knows her to

B. C. D.

A. 24. A kind of executive clemency whereby the execution of penalty is suspended. A. B. C. D. Pardon commutation amnesty reprieve Answer: D B. C. D.

libel falsification perjury slander Answer: C

28. Deliberate planning of act before execution. A. B. C. D. Treachery evident premeditation ignominy cruelty Answer: B

25. Infractions of designed to secure

mere

rules

of

convenience

a more orderly regulation of the affairs of the society. A. B. C. D. mala prohibita mala in se private crimes public crimes Answer: A 29. Whenever more than 3 armed malefactors shall have acted together in the commission of a crime. A. B. C. 26. Felony committed by a public officer who agrees to commit an act in consideration of a gift and this act is connected with the discharge of his public duties. A. B. C. D. qualified bribery direct bribery estafa indirect bribery Answer: B 30. The failure to perform a positive duty which one is bound to. A. B. C. D. Negligence imprudence omission act Answer: C D. gang conspiracy band piracy Answer: C

27. The willful and corrupt assertion of falsehood under oath of affirmation, administered by authority of law on a material matter.

31. Ways and means are employed for the purpose of trapping and capturing the law breaker in the execution of his criminal plan.

A. B. C. D.

Misfeasance entrapment inducement instigation Answer: B

or information? A. B. C. D. at any time before his arrest only after entering his plea any time before entering his plea Monday morning Answer: C

32. Those where the act committed is a crime but for reasons of public policy and sentiment there is no penalty imposed. A. B. C. D. impossible crimes aggravating circumstances absolutory causes complex crimes Answer: C 36. The process whereby the accused and the prosecutor in a criminal case work out a mutually satisfactory disposition on the case subject to court approval. A. B. C. 33. One of circumstance. A. B. C. D. Insanity intoxication passion or obfuscation evident premeditation Answer: B 37. The security given for the release of a person in custody, furnished by him or a bondsman, conditioned upon his appearance before any court as required under the conditions specified by law. A. B. C. D. Subpoena recognizance bail warrant Answer: C the following is an alternative D. Arraignment plea bargaining preliminary investigation trial Answer: B

34. If the accused conditional plea of

refuse to

plead, or

make

guilty, what shall be entered for him? A. B. C. D. a plea of not guilty a plea of guilty a plea of mercy a plea of surrender Answer: A

38. The examination before a competent tribunal, according to the laws of the land, of the acts in issue in a case, for

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

the

purpose of determining such issue. A. B. C. D. Trial Arraignment pre-trial judgment Answer: A

B. C. D.

prima facie evidence corroborative evidence best evidence Answer: C

42. It is that which, standing alone, unexplained or uncontradicted is sufficient to maintain the proposition affirmed.

39. The adjudication by the court that the accused is guilty or is not guilty of the offense charged, and the imposition of the proper penalty and A. B. C. D. trial Pre-trial Arraignment Judgment Answer: D

A. B. C. D.

secondary evidence prima facie evidence corroborative evidence best evidence Answer: B

43. A form of evidence instruments or derived

supplied

by

written

from conventional symbols, such as letters, by which ideas are represented on material substances.

40. It is an inquiry or proceeding for the purpose of determining whether there is sufficient ground to engender a well founded belief that an offense has been committed and the offender is probably guilty thereof and should be held for trial. A. B. C. D. pre-trial arraignment preliminary investigation plea bargaining Answer: C

A. B. C. D.

documentary evidence testimonial evidence material evidence real evidence Answer: A

44. When the witness states that he did not see or know the occurrence of a fact. A. B. C. positive evidence corroborative evidence secondary evidence negative evidence Answer: D

41. It is evidence of the same kind and to the same state of facts. A. secondary evidence

D.

45. Personal property that can be subjects for search and seizure. A. used or intended to be used as means in committing an offense B. stolen or embezzled and other proceeds or fruits of the offense C. D. subject of the offense all of the above Answer: D

not organized into groups and the parties responsible cannot be ascertained. A. B. C. D. alarm and scandal mysterious homicide death under exceptional circumstances tumultuous affray Answer: D

49. A question which arises in a case the resolution of which is the logical antecedent of the issue involved in said case and the cognisance of which pertains to another tribunal. A. B. C. legal question juridical question prejudicial question judicial question Answer: C

46. All persons who can perceive and perceiving, can make known their perception to others. A. B. C. D. Suspects witnesses victims informers Answer: B

D.

47. The unlawful destruction or the bringing forth prematurely, of human fetus before the natural time of birth which results in death. A. B. C. D. abortion infanticide murder parricide Answer: A

50. The RPC was based on the A. Spanish penal code

B. English penal code C.American penal code D.Japanese penal code Answer: A

51. An act or omission which is a result of a misapprehension of facts that is voluntary but not intentional. A. B. C. impossible crime mistake of facts accidental crime

48. Felony committed when a person is killed or wounded during the confusion attendant to a quarrel among several persons

D.

complex crime

Answer: B 56. One who is deprived completely of reason or discernment and

52. Infanticide is committed by killing a child not more than. A. B. C. D. 36 hours 24 hours 48 hours 72 hours Answer: D

freedom of the will at the time of the commission of the crime. A. B. C. D. discernment insanity epilepsy imbecility Answer: D

53. Ignorance of the law excuses no one from compliance therewith. A. B. C. D. ignorantia legis non excusat parens patriae res ipsa loquitur dura lex sed lex Answer: A

57. The quality by which an act may be subscribed to a person as . its owner or author A. B. C. D. responsibility duty guilt imputability Answer: D

54. An act which would be an offense against persons or property if it was not for the inherent impossibility of its accomplishment. A. B. C. D. compound crime impossible crime complex crime accidental crime Answer: B 58. Something that happen outside the sway of our will, and although it comes about through some acts of our will, lies beyond the bound s of humanly foreseeable consequences. A. B. 55. The law which reimposed the death penalty. A. B. C. D. RA 5425 RA 8553 RA 7659 RA 8551 Answer: C 59. A sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer or other C. D. fortuitous event fate accident destiny Answer: C

public officer charged with the enforcement of the law violated. A. B. C. D. subpoena information complaint writ Answer: C

voluntary and hence, though there is no criminal liability there is civil liability A. B. C. D. Exempting alternative justifying aggravating Answer: A

60. This right of the accused is founded on the principle of justice and is intended not to protect the guilty but to prevent as far as human agencies can the conviction of an innocent person. A. B. C. D. right to due process of law presumption of innocence right to remain silent right against self-incrimination Answer: B 63. Circumstances wherein the acts of the person are in accordance with the law, and hence, he incurs no criminal and civil liability. A. B. C. D. exempting alternative justifying aggravating Answer: C

61. Known in other countries as the body of principles, practices, usages and rules of action which are not recognized in our country. A. B. C. D. penal laws special laws common laws statutory laws Answer: C

64. When the offender enjoys and delights in making his victim suffers slowly and gradually, causing him unnecessary physical pain in the consummation of the criminal act. A. B. C. D. Ignominy cruelty treachery masochism Answer: B

62. Circumstances wherein there is an absence in the agent of the crime any of all the conditions that would make an act.

65. 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. A. B. C. D. Recidivism habitual delinquency reiteracion quasi-recidivism Answer: A

C. D.

habitual delinquent hardened criminal Answer: C

69. A kind of evidence which cannot be rebutted or overcome. A. B. Primary Best Secondary Conclusive Answer: D

66. Alevosia means A. B. C. D. Craft treachery evident premeditation cruelty Answer: B

C. D.

70. A kind of evidence which cannot be rebutted or overcome. A. B. Primary Best Secondary Conclusive Answer: D

67. The law hears before it condemns, proceeds upon inquiry and render judgment after a fair trial. A. B. C. D. ex post facto law equal protection of the law rule of law due process of law Answer: D

C. D.

71. These questions suggest to the witness the answers to which an examining party requires. A. B. leading misleading stupid hearsay Answer: A

68. A person if within a period of 10 years from the date of his release or last conviction of the crime of serious or less serious physical injuries, robbery, theft, estafa or falsification, he is found guilty of any of the said crimes a third time or oftener. A. B. Recidivist quasi-recidivist

C. D.

72. A method fixed by law for the apprehension and prosecution of persons alleged to have committed a crime, and for their punishment in case of conviction A. Criminal Law

B. C. D.

Criminal Evidence Criminal Procedure Criminal Jurisprudence Answer: C

A. B. C. D.

misfeasance malfeasance nonfeasance dereliction Answer: B

73. The period of prescription of crimes punishable by death. A. B. C. D. 20 years 15 years 10 years 40 years Answer: A 77. A sworn statement in writing, made upon oath before an authorized magistrate or officer. A. B. C. 74. Persons who take direct part in the execution of a crime. A. B. C. D. Accomplices Accessories Instigators Principals Answer: D 78. Any other name which a person publicly applies to himself without authority of law. A. B. 75. A crime against honor which is committed by performing any act which casts dishonor, discredit, or contempt upon another person. A. B. C. D. libel slander by deed incriminating innocent person intriguing against honor Answer: B C. D. alias common name fictitious name screen name Answer: C D. subpoena writ warrant affidavit Answer: D

79. A special aggravating circumstance where a person, after having been convicted by final judgment, shall commit a new felony before beginning to serve such sentence, or while serving the same. A. quasi-recidivism recidivism reiteracion

76. The improper performance of some act which might lawfully be done.

B. C.

D.

charivari

Answer: A

D.

unauthorized detention

Answer: B

80. Which of the following is not a person in authority? A. B. C. D. Municipal mayor Private School Teacher Police Officer Municipal Councilor Answer: C

84. A breach of allegiance committed by a person who owes allegiance to it. A. B. C. D. treason espionage rebellion coup d etat

to

government,

Answer: A

81. In its general sense, it is the raising of commotions or disturbances in the State. A. B. C. D. Sedition Rebellion Treason Coup d etat Answer: A 85. A building or structure, exclusively used for rest and comfort. A. B. C. D. sanctuary prison jail dwelling Answer: D

82. The length of validity of a search warrant from its date. A. B. C. D. 30 days 15 days 10 days 60 days Answer: C

86. The mental capacity to understand the difference between right and wrong. A. B. C. D. treachery premeditation recidivism discernment Answer: D

83. The detention of a person without legal grounds by a public officer or employee. A. B. C. illegal detention arbitrary detention compulsory detention 87. Conspiracy to commit this felony is punishable under the law. A. B. C. Estafa Murder Rebellion

D.

Rape

Answer: C

D.

Felony

Answer: B

88. It means that the resulting injury is greater than that which is intended. A. B. C. D. Aberratio ictus Error in personae Dura Lex Sed lex Praeter Intentionem Answer: D

92. Crimes that have three stages of execution. A. B. C. D. Material Formal Seasonal Continuing Answer: A

93. Felonies where the acts or omissions of the offender are 89. It means mistake in the blow. A. B. C. D. Aberratio Ictus Error in Personae Dura lex sed lex Praeter Intentionem Answer: A malicious. A. B. C. D. Culpable Intentional Deliberate Inculpable Answer: B

90. A stage of execution when all the elements necessary for its execution and accomplishment are present. A. B. C. D. Attempted Frustrated Consummated Accomplished Answer: C

94. It indicates deficiency of perception. A. B. C. D. Negligence Diligence Imprudence Inference Answer: A

95. Acts and omissions punishable by special penal laws. 91. An act or omission which is the result of a misapprehension of facts that is voluntary but not intentional. A. B. C. Absolutory Cause Mistake of facts Conspiracy A. B. C. D. Offenses Misdemeanours Felonies Ordinances Answer: A

96. A character of Criminal Law, making it binding upon all persons who live or sojourn in the Philippines. A. B. C. D. General Territorial Prospective Retroactive Answer: A 100. Pedro, a 19 year old man had sexual intercourse with her 11 year old girlfriend without threat, force or intimidation. What was the crime committed? A. B. C. 97. A legislative without judicial trial. A. B. C. D. Bill of Attainder Bill of Rights Ex Post Facto Law Penal Law Answer: A act which inflicts punishment D. Child rape Qualified Rape Statutory Rape None of these Answer: C

98. The taking of a person into custody in order that he may be bound to answer for the commission of an offense. A. B. C. D. Search Seizure Arrest Detention Answer: C

99. Pedro stole the cow of Juan. What was the crime committed? A. B. C. D. Robbery Farm Theft Qualified Theft Simple Theft Answer: C