Criminal Jurisprudence, Procedure and Evidence - 20%

a. Criminal Law Book 1

b. Criminal law Book 2
c. Criminal Procedure
d. Evidence
e. Court Testimony

2. Law Enforcement Administration - 20%

a. Police Organization and Administration with Police Planning
b. Industrial Security Management
c. Police Patrol Operations with Police Communication System
d. Police Intelligence
e. Police Personnel and Records Management
f. Comparative Police System

3. Crime Detection and Investigation - 20%

a. Fundamentals of Criminal Investigation
b. Traffic Management and Accident Investigation
c. Special Crimes Investigation
d. Organized Crime Investigation
e. Drug Education and Vice Control
f. Fire Technology and Arson Investigation

4. Criminalistics - 15%
a. Personal Identification
b. Police Photography
c. Forensic Ballistics
d. Questioned Documents Examinations
e. Polygraph (Lie Detection)
f. Legal Medicine

5. Correctional Administration - 10%

Institutional Corrections
Non-Institutional Corrections

6. Sociology of Crimes and Ethics - 15%

a. Introduction to Criminology
b. Criminal Justice
c. Ethics and Values
d. Juvenile Delinquency
e. Human Behavior and Crisis Management
f. Criminological Research and Statistics

Source
www.scribd.com
Uploaded by Charlemagne C. Marban III

Notes:
1. Criminology Licensure Examination is usually conducted in the
months of March or April and October or November each year.
2. The Board of Criminology in the October 2014 Criminology
licensure Examination gave the exam in the following places:
a. Manila
b. Baguio
c. Cagayan de Oro
d. Cebu
e. Davao
f. Iloilo
g. Legazpi
h. Lucena
i. Pagadian
j. Pangasinan
k. Tacloban
l. Tuguegarao
m. Zamboanga

2018 Criminologist Board Exam Coverage

The June 2018 Criminologist Licensure Examinations will cover the following
subject areas:

You may also read: Criminology Board Exam 2018 Reviewer

Criminal Jurisprudence, Procedure, and Evidence

 Criminal Law Book 1

 Criminal law Book 2
 Criminal Procedure
 Evidence
 Court Testimony
Law Enforcement Administration

 Police Organization and Administration with Police Planning

 Industrial Security Management
 Police Patrol Operations with Police Communication System
 Police Intelligence
 Police Personnel and Records Management
 Comparative Police System
Criminalistics
  Personal Identification
 Police Photography
 Forensic Ballistics
 Questioned Documents Examinations
 Polygraph (Lie Detection)
 Legal Medicine
Crime Detection and Investigation

 Fundamentals of Criminal Investigation

 Traffic Management and Accident Investigation
 Special Crimes Investigation
 Organized Crime Investigation
 Drug Education and Vice Control
 Fire Technology and Arson Investigation
Sociology of Crimes and Ethics

 Introduction to Criminology
 Criminal Justice
 Ethics and Values
 Juvenile Delinquency
 Human Behavior and Crisis Management
 Criminological Research and Statistics
Correctional Administration

 Institutional Corrections
 Non-Institutional Corrections
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 t
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 ILLEGALLY 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 up
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 bei
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 proponen
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 th
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 o
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 it’s:

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
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 thir
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. mandatory
2. discretionary
3. hearing required

C. Confession and Admission, distinguished:

Confession – an acknowledgement of guilt.
Admission – an acknowledgment of facts.

Different kinds of confession/admission:

1. Judicial
2. Extrajudicial
3. Oral
4. Written
5. Voluntary
6. Forced

Different kinds of evidence:

1. Relevant evidence – evidence having any value in reason as tending
to prove 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. Competent evidence – not excluded by law.
4. Direct evidence – proves the fact in issue without aid of inference
or presumptions.
5. Circumstantial evidence - the proof of fact or facts from which, taken either singly or collectively, the existence
of a particular fact in dispute
may be inferred as necessary or probable consequence.
6. Positive evidence – evidence which affirms a fact in issue.
7. Negative evidence - evidence which denies the existence of a fact
in issue.
8. Rebutting evidence – given to repel, counter act or disprove facts
given in evidence 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 person’s 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
 of written expression offered as proof of its contents.
containing letters, words, numbers, figures, symbols or other modes

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. lost,
2. destroyed, or
3. cannot be produced in court.

The offeror without bad faith must:

1. prove its execution or existence, and
2. prove the cause of its unavailability.

Secondary evidence may consist of:

1. a copy,
2. recital of its contents in some authentic document, or
3. by testimony of witnesses.

When original document is in the custody of:

1. adverse party – adverse party must have reasonable notice to produce it. After such notice and satisfactory proof of i
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. can perceive
2. can make known their perception to others
3. not disqualified by reason of mental incapacity, immaturity, marriage, privileged communications, or “dead man’s
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. admission by a co-partner or agent
2. admission by a conspirator
3. admission by privies
4. admission by silence

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

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

Exceptions:
1. Dying declarations (ante-mortem statements)
2. Declaration against interest
3. Act or declaration about pedigree
4. Family reputation or tradition regarding pedigree
5. Common reputation
6. Part of the res gestae
7. Entries in the course of business
8. Entries in official records
9. Commercial lists and the like
10. Learned treatises
11. Testimony or deposition at a former proceeding
12. Examination of child victim/witness in cases of child abuse

IV. BURDEN OF PROOF AND PRESUMPTIONS:

Burden of proof – the duty of a party to present evidence on the facts in issue necessary to establish his claim or defense
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 anothe
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
the contrary.
2. Disputable presumptions [prima facie presumptions, rebuttable presumptions] – based on procedural rules and may
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, 3
SCRA 202).
3. Estoppel in pais – based upon express representation or statements or upon positive acts or conduct. A party cannot,
the course of litigation or in dealings in pais, be permitted to repudiate his representation or occupy inconsistent position
4. Estoppel against Tenant – the tenant is not permitted to deny the title of his landlord at the time of the commenceme
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 witne
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. Not to be detained longer than the interest of justice requires.
3. Not to be examined except only as to matters pertinent to the
issue.
4. Not to give an answer which will tend to subject him to a penalty
for an offense 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 examinatio
or connected therewith, with sufficient fullness and freedom from interest or bias, or the reverse, and to elicit all importa
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, didn’t you?]
Misleading question – a question which cannot be answered without making an unintended admission. [Ex. Do you still b
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 we
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, didn’t 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).

Evidence - Definition of Terms

Admissible evidence - Evidence that is both relevant and
competent.

Admissions - Any statement of fact made by a party against his

interest or unfavorable to the conclusion for which he contends
or is inconsistent with the facts alleged by him.

Best Evidence Rule - When the subject of inquiry is the contents

of a document, no evidence shall be admissible other than the
original document itself.

Burden of Proof - Duty of a party to present evidence on the

facts in issue necessary to establish his claim/defense by the
amount required by law.

Child Witness - Any person who at the time of giving testimony

is less than 18 years old.

Circumstantial Evidence - Proof of fact/s from which, taken

singly/collectively, the existence of the particular fact in
dispute may be inferred as a necessary/probable consequence.
It is evidence of relevant collateral facts.

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.

Competence - Evidence is not excluded by law or Rules of Court.

Conclusive Evidence - That class of evidence which the law does

not allow to be contradicted.
Confession - A categorical acknowledgment of guilt made by an
accused in a criminal case without any exculpatory statement
or explanation.

Corroborative Evidence - Additional evidence of a different

character to the same point.

Cumulative Evidence - Evidence of the same kind and to the

same state of facts.

Direct Evidence - Proves the fact in dispute without aid of any

inference or presumption.

Documentary Evidence : Writings or any material containing

letters, words, numbers, figures, symbols or other modes of
written expression offered as proof of their content.

Electronic Data Message - Information generated, sent, received

or stored by electronic, optical or similar means

Electronic Document - Information or the representation of

information/data/figures/symbols or other modes of written
expression described or however represented, by which a right
is established or an obligation extinguished, or by which a fact
may be proved and affirmed, which is received/recorded/
transmitted/stored/processed/retrieved/produced electronically.
It includes digitally signed documents and any print out or output,
readable by sight or other means, which accurately reflects the
electronic data message or electronic document.

Electronic Signature - Any distinctive mark, characteristic and/or

sound in electronic form, representing the identity of a person
and attached to or logically associated with the electronic data
message or electronic document or any methodology/
procedure employed/adopted by a person and executed/adopted
by such person with the intention of authenticating, signing or
approving an electronic data message or electronic document.

Ephemeral Electronic Communication - Refers to telephone

conversations, text messages, chatroom sessions, streaming
audio, streaming video and other electronic forms of
communication the evidence of which is not recorded/retained.

Extra Judicial Admission - Any admission other than judicial.

Factum probandum – ultimate fact or the fact sought to be

established.

Factum probans – evidentiary fact or the fact by which the factum probandum is
to be established.

Judicial Admissions - Admissions, verbal or written, made by

the party in the course of the proceedings in the same case.
It requires no proof.

Negative Evidence - When witness states that he did not see or

know of the occurrence of a fact (total disclaimer of personal
knowledge).

Object Evidence - Directly addressed to the senses of the court.

Also called real evidence.

Parol Evidence Rule - Any evidence aliunde, whether oral or

written, which is intended or tends to vary or contradict a
complete and enforceable agreement embodied in a
document.

Pedigree - Relationship, family genealogy, birth, marriage,

death, the dates when and the places where these fast
occurred, and the names of the relatives. It also embraces facts
of family history intimately connected with pedigree.

Positive Evidence - When a witness affirms that a fact did or did

not occur (there is personal knowledge).

Preponderance of Evidence - The evidence adduced by one

side is, as a whole, superior to or has greater weight than that
of the other. Where the evidence presented by one side is
insufficient to ascertain the claim, there is no
preponderance of evidence.
Prima Facie Evidence - That which, standing alone, is sufficient
to maintain the proposition affirmed.

Primary Evidence - (Best Evidence) - That which the law regards

as affording greatest certainty of the fact in question.

Proof Beyond Reasonable Doubt - That degree of proof which

produces conviction in an unprejudiced mind. It does not mean
such a degree of proof as, excluding the possibility of error,
produces absolute certainty. Only moral certainty is required
– that degree of proof which produces conviction in an
unprejudiced mind.

Relevance - Evidence has such a relation to the fact in issue as

to induce belief of its existence or non-existence.

Res Gestae - It literally means “Things done”.

1) Statements made by a person while a starting
occurrence is taking place or immediately prior
or subsequent thereto, with respect to the
circumstances thereof.
2) Statements accompanying an equivocal act
material to the issue, and giving it a legal
significance.

Res Inter Alios Acta - The rights of a party cannot be prejudiced

by an act/declaration/omission of another.

Secondary Evidence - (Substitutionary) - That which is inferior to

the primary evidence and is permitted by law only when the best
evidence is not available.

Substantial Evidence - The amount of relevant evidence which

a reasonable mind might accept as adequate to support a
conclusion.

Testimonial Evidence - Submitted to the court through the

testimony or deposition of a witness.

Criminal Jurisprudence Definition of Terms

Abandonment - a parent or guardian leaving a child without adequate supervision for the child's needs for an excessive
period.

Acquittal - a verdict after a trial that a defendant in a criminal case has not been proven guilty beyond reasonable doubt o
the crime charged.

Action - lawsuit brought by one or more individuals seeking redress for or prevention of a wrong or protection of a right.

Actus reus - proof that a criminal act has occurred.

Adjudicated - settled in a court of law.

Adjudicated father - man determined by the court to be the father usually through a court action and genetic testing.

Adjudication - giving or pronouncing a judgment or decree;also the judgment given.Decision made by a court or
administrative agency with respect to a case.

Administrative documentation - records such as case-related conversations, evidence receipts, description of evidence
packaging and seals, and other pertinent information.

Administrative review - an evaluation of the case report and supporting documentation for consistency with laboratory
policies, editorial correctness and compliance with the submission request.

Admissible - evidence that can be legally and properly introduced in a civil or criminal trial.

Adoption - legal proceeding in which an adult takes as his/her lawful child an individual usually a minor who is not the
adoptive parents or natural offspring.

Adversary system - trial methods in which opposing parties are given full opportunity to present and establish their
evidence and to test by cross-examination the evidence presented by their adversaries under established rules of
procedures before an impartial judge.

Affidavit - a sworn statement by a witness.

Affirmative defense - without denying the charge, defendant raises extenuating or mitigating circumstance such as insan
self-defense, or entrapment to avoid civil or criminal responsibility.

Affirmed - in the practice of the appellate court, the word means that the decree or order at issue is declared valid and w
stand as rendered in the lower court.

Amicus curiae - friend of the court, a person who petitions the court for permission to provide information to the court o
matter of law that is in doubt or one who is not a party to a lawsuit but who is allowed to introduce evidence, arguments
authority to protect one's interest.

Appeal - a request by the losing party in a lawsuit that the judgment be reviewed by a higher court.Request to a higher
court to change the decision of a trial court, usually appeals are made and decided on questions of law only.Issues of fact
are left to the trial judge discretion.

Arraignment - in a criminal case, the proceeding in which an accused person is brought before a judge to hear the charge
filed against him or her and to enter a plea of guilty or not guilty.

Arrest - process of taking a person into custody.

Assault - intentional display of force that would give the victim reason to fear or expect immediate bodily harm.

Attest - to bear witness; to affirm as true or genuine.

Attorney-at-law - an officer in a court of justice who is employed by a party in a case to manage it for him.

Bail - money or security given to secure a person's release from custody which is at risk should he/she subsequently fail t
appear before the court.

Bail bond - the obligation signed by the accused to secure his/her presence at the trial which he/she may lose by not
properly appearing for trial.

Bailiff - a court attendant who keeps order in the court room.

Bar - the term means the whole body of lawyer's.Historically, the partition separating the general public from the space
occupied by the judge's, lawyer's, and other participants in a trial.

Battered woman syndrome - a collection of symptoms that are manifest in women who have suffered prolonged and
extensive abuse from their spouses.

Beyond reasonable doubt - the standard in a criminal case requiring that court be satisfied to a moral certainty that ever
element of a crime has been proven by the prosecution, all reasonable doubt are removed from the mind of the ordinary
person.

Bill of Particulars - a statement used to inform the defense of the specific occurrences intended to be investigated in trial
and to limit the course of evidence to the particular scope of the inquiry.An amplification of the pleading.

Booking - the process of photographing, fingerprinting, and recording identifying data of a suspect following arrest.
Brief - a written statement prepared by one side in a lawsuit to explain to the court its view of the facts of a case and the
applicable law.

Brutalization - the proposition that the use of capital punishment actually increases the crime rate by sending a message
that it is acceptable to kill those who have wronged us.

Capital crime - a crime punishable by death.

Case law - law created as a by-product of a court decisions made in resolving unique disputes as distinguished from
statutory law.

Case records - all notes, reports, custody, records, charts, analytical data, and correspondence generated pertaining to a
particular case.

Caveat - a warning; a note of caution.

Certification - procedure by which a certifying body formally recognizes that a body or person complies with given
qualifications.

Chambers - a judge's private office.

Child abuse - act of commission that is not accidental and that harms or threatens to harm a child's physical or mental
health or welfare.

Child neglect - failure of a parent or other person legally responsible for a child's welfare to provide for the child's basic
needs and a proper level of care with respect to food, clothing, shelter, hygiene, medical attention , or supervision.Child
neglect is an act of omission.

Circumstantial evidence - that evidence that only suggests an association with a past occurrence.Any evidence in a case f
which an inference is needed to relate it to the crime.Not observed by an eyewitness.Fact from which another fact can be
reasonably inferred.

Civil commitment - the legal proceeding by which a person who is mentally ill and imminently dangerous is involuntarily
committed to a psychiatric hospital.

Closing argument - also known as final argument, attorney's final statement to the court summing up the case and the
points points proven as well as those points not proven by opposing counsel.

Common law - body of law based on judicial decisions (precedents or customs and usage) generally derived from justice,
reason and common sense rather than legislative enactments.

Competency - possession of characteristics that qualify a witness to observe, recall, and testify under oath; personal
qualification of the witness to give testimony which differs from the witness ability to tell the truth.

Complainant - the party who complain or sues, one who applies to the court for legal redress, also called the plaintiff.

Concur - to agree with the judgment of another.When one court concurs with another, it agrees with or follows the
precedent set by that court's decision.

Concurrent sentence - sentences for more than one violation that are to be served at the same time rather that one after
the other.

Confession - an oral or written statement acknowledging guilt.

Consent search - exception to the requirement for a search warrant; written or oral permission is required from a person
with authority to give it.

Conspiracy - a combination of two or more person whose purpose is to commit unlawful or criminal act or to commit a
lawful act by criminal means.

Contempt of court - willful disobedience of a judge's command or of an official court order.

Continuance - court order that postpones legal action, such as a court hearing until later time.

Conviction - a judgment of guilt against a criminal defendant.

Corpus delicti - the proof that a crime has been committed, consisting of two components 1. that each element of the
crime be satisfied 2. that someone is responsible for inflicting the injury or loss sustained.
- Body of the crime.

Court martial - military tribunal that has jurisdiction over offenses against laws of the service in which the member is
engaged.Military status is not sufficient,the crime must be service connected.

Court order - directive issued by the court, and is enforceable as law; written command or directive given by the judge.

Court of Appeals - a court that hears an appeal after a trial court has made a judgment.

Criminal prosecution - process that begins with the filing of charges against a person who has allegedly violated criminal
law and includes the arraignment and trial of the defendant.Criminal prosecution may result in fine, restitution,
imprisonment, or probation.

Cross-examination - the questioning of a witness produced by the other side.

Custody hearing - legal process, usually in family and juvenile court, to determine who has the right

Damages - money awarded by a court to a person injured by the unlawful act or negligence of another person.

Dauber test - a standard for determining the reliability of scientific expert testimony in court currently adopted by many
jurisdictions.Five factors are utilized to assess the scientific theory or technique testing of theory, use of standards and
control, peer review, error rate, and acceptability in the relevant scientific community.

Decision - the judgment reached or given by a court of law.

Default judgment - a decision of the court against the defendant because of failure to respond to a plaintiff's action.

Defendant - in a civil case, the person being sued. In a criminal case, the person charged with a crime.

Deposition - oral or written testimony under oath but outside the court room.

Detention - temporary confinement of a person by a public authority.

Diminished capacity - a variation of the insanity defense that is applicable if the defendant lacks the ability to meaningful
premeditate the crime.

Direct evidence - proof of facts by witnesses who saw acts done or heard words spoken as distinguished from
circumstantial or indirect evidence.Information offered by witnesses who testify about their own knowledge of the facts.

Direct examination - the first questioning of witnesses by the party in whose behalf they are called.

Direct questions - queries that are phrased in a positive and confident manner, are stated clearly and address the topic in
forthright manner.

Discovery - a pre-trial procedure by which one party can obtain vital facts and information material to the case to assist in
preparation for the trial.The purpose of discovery is to make for a fair trial and to allow each party to know what docume
and information the opponents has in its possession.

Dismissal - action by the court that removes the court's jurisdiction over a given case.

Diversion - the process of removing some minor criminal, traffic or juvenile cases from the full judicial process on the
condition that the accused undergo some sort of rehabilitation or make restitution for damages.Diversion may take place
before the trial or its equivalent.

Docket - a list of cases to be heard by the court.

Double jeopardy - putting a person on trial more than once for the same crime.
Dying declaration - a statement made just prior to death with the knowledge of impending death.Also called ante-Morte
statement.

Element of a crime - specific factors that define a crime, every element of which the prosecution must prove beyond a
reasonable doubt in order to obtain a conviction.

Entrapment - an act by enforcement agencies that lures an individual into committing a crime not otherwise contemplate
for the purpose of prosecuting him/her.

Evidentiary standards - guidelines used in examining evidence to determine whether it has been legally collected and
whether it is factual and legally proves or is relevant to the case being heard.

Ex-parte order - an order issued by a judge on its own.

Exclusionary rule - the rules that defines whether evidence is admissible in a trial.

Exigent circumstances - exception to the requirement for a search warrant when there is no time to get a warrant and
failure to search will lead to destruction or concealment of evidence, injury to police or others, or escape of the suspect.

Expert testimony - statements given to the court by witnesses with special skills or knowledge in some arts, science,
profession, or technical area.Experts educate the court by assisting it in understanding the evidence or in determining an
issue of fact.

Expert witness - a legal term used to describe a witness who by reason of his/her special technical training or experience
permitted to express an opinion regarding the issue or a certain aspect of the issue that is involve in a court action.

Expunge - to strike out, obliterate, or mark for deletion from the court record.

Extradition - the process by which one state surrenders to another state a person accused or convicted of a crime in the
other state.

Felony - a crime of a graver nature than a misdemeanor, usually punishable by imprisonment in a penitentiary for more
than a year or a substantial fine.

Fence - a person in the business of buying stolen goods, usually for resale; to buy or sale stolen goods.

Fraud - an intentional misrepresentation or deception employed to deprive another of property or a legal right or to
otherwise do them harm.

Frye standard - a set of standards set by the the court of appeals of the district of Columbia in 1923 in the U.S in Frye vs.
the United states.The standards in general define when a new scientific test should be admissible as evidence in the cour
system.

Frye test - a test emphasizing that the subject of an expert witness's testimony must conform to a generally accepted
explanatory theory.

Gag order - a trial judge's order to attorney's and witnesses not to talk to the press about the case.

Gault decision - land mark U.S. Supreme Court decision affirming that juveniles are entitled to the same due process right
as adults the right to counsel, the right to notice of the charges, the right to confront and cross-examine a witness, the rig
to remain silent, and the right to subpoena witnesses in defense.

Habeas corpus - a writ that commands that a person be brought before a judge.A writ of habeas corpus is a legal docume
that forces law enforcement authorities to produce a prisoner they are holding and to legally justify his or her detention.

Hearing - judicial or legal examination of the issues of law and fact between the parties.

Hearsay - a statement made during a trial or hearing that is not based on the personal, first hand knowledge of the
witness.Statement made out of court and offered in court to support the truth of the facts asserted in the statement.

Hearsay rule - the regulation making a witness's statement inadmissible if it is not based on personal knowledge unless it
falls within certain exceptions.

Holographic document - any document completely written and signed by one person.A holographic may be probated
without anyone having witnessed its execution.

Hostile witness - a witness whose testimony is not favorable to the party who calls him or her as witness.

Immunity - grant by the court in which someone will not face prosecution in return for providing criminal evidence.

Inadmissible evidence - the testimony/evidence that the judge rules as not proper and hence instructs its disregard.

Incompetency - lacking the physical, intellectual,or moral capacity or qualification to perform a required duty.

Indeterminate sentence - a sentence of imprisonment to a specified minimum and maximum period of time, specifically
authorized by statute, subject to termination by a parole board or or other authorized agency after the prisoner has serve
the minimum term.

Infraction - a violation of law not punishable by imprisonment.Minor traffic offenses are generally considered infractions.

Injunction - a preventive measure by which a court orders a party to refrain from doing a particular act.A preliminary
injunction is granted provisionally until a full hearing can be held to determine if it should be made permanent.

Interrogatories - set of specialized questions sent by one attorney to another concerning requested information of their
respective clients relevant to the case.

Judgement - the final disposition of a case.

Judgement,default - default judgment is rendered because of the defendant's failure to answer or appear.

Judgement,summary - summary judgment is given on the basis of pleadings, affidavits, and exhibits presented for the
record without any need for a trial.It is used when there is no dispute as to the facts of the case and one party is entitled
judgement as a matter of law.

Judicial review - authority of a court to review the official actions of other branches of government, also the authority to
declare unconstitutional the actions of other branches.

Jurisdiction - the nature and scope of a court's authority to hear or decide a case.Inherent power and authority of a
particular court to hear and determine cases.

Justice - fairness, providing outcomes to each party in line with what they deserve.

Juvenile - characteristic of youth, youth means under 18 years of age.

Juvenile court - a court which decides criminal charges brought against children under 18 years of age.

Leading question - a question that suggest the answer desired of a witness.A party generally may not ask one's own witne
leading questions, leading questions may be ask only of hostile witnesses and on cross-examination.

Legal custody - right and responsibility to make the decisions regarding the health, education and welfare of a child/perso

Liable - responsible or answerable for some action.

Litigation - a case, controversy, or lawsuit.

Malfeasance - the commission of an unlawful, wrongful act; any wrongful conduct that affects, interrupts, or interferes w
the performance of official duties.

Malpractice - improper or unethical conduct by the holder of a professional or official position.

Mass murder - a murder incident in which several victims are killed simultaneously or within a relatively short period of
time in the same general area.

Miranda warning - requirements that police tells a suspect in their custody of his/her constitutional right before they
questions him.Result of the Miranda vs. Arizona ruling.Law enforcement procedure that forewarns suspects of their right
remain silent when in police custody.Violation of this right makes the suspect's confession inadmissible in evidence.
Misdemeanor - criminal offenses considered less serious than felonies.Misdemeanor are generally punishable by fine or
limited local jail term in the local jail.

Mistrial - a trial that is terminated before its normal conclusion and declared invalid prior to judgment.

Mitigating circumstance - factors such as age, mental capacity, motivation, or duress which lessens the degree of guilt in
criminal offense and thus the nature of the punishment.

M'naghten rule - the test applied for the defense of insanity.Under this test, an accused is not criminally responsible if
suffering from a mental disease or defect at the time of committing the act and not understanding the nature and quality
the act or that what was done was wrong.

Moot - is one not subject to a judicial determination because it involves an abstract question or a pretended controversy
that has not yet actually arisen or has already passed.

Motion - an application for a rule or order, made to a court or judge.An application to the court requesting an order or a
rule in favor of the applicant.

Objection - the process by which one party takes exception to some statement or procedure.An objection is either
sustained or overruled by the judge.If the judge overrules the objection, the witness may answer the question.If the judge
sustain the objection, the witness may not answer the question.

Omnibus hearing - hearing held in criminal court to dispose of appropriate issues such as whether evidence is admissible
before trial so as to ensure a fair and expeditious trial and avoid a multiplicity of court appearances.

Opening statements - not part of the evidence, these orations made by the lawyers on each side gives an overview of the
evidence that will be presented during the trial.

Opinion - conclusion reported by a witness who qualified as an expert on a given subject.

Order - any written directive of a court or judge other than a judgment.

Order to show cause - order to appear in court and present reasons why a particular order should not be executed.

Overrule - judge's decision not to allow an objection.Decision by a higher court finding that a lower court

Pardon - a form of executive clemency removing or extinguishing criminal convictions.

Physical evidence - any tangible article that tends to prove or disprove a point in question.

Plain view - an exception to the requirement for a search warrant, when there is an evidence of a crime in plain view by
person who sees it lawfully.

Plaintiff - the complaining party in litigation.

Plea - in a criminal proceeding, it is the defendant's declaration in open court that he or she is guilty or not guilty.The
defendant's answer to the charges made in the information.

Plea bargaining - the process through which an accused person and a prosecutor negotiate a mutually satisfactory
disposition of a case.

Preliminary hearing - in criminal law, the hearing at which a judge determines whether there is sufficient evidence again
a person charged with a crime to warrant holding him or her for trial.

Preponderance of evidence - the standard for a judgment in a civil suit, the evidence for one side outweighs that of the
other even a slight margin.

Presumption - an inference resulting from a rule of law or the proven existence of a fact that requires such rule or action
be established in the action.

Pre-trial conference - a meeting between the judge and the lawyers involved in a lawsuit to narrow the issues in the suit,
agree on what will be presented at the trial and make a final effort to settle the case without trial.

Prima facie evidence - evidence that, in the judgment of the law, is good and sufficient to establish a given fact or a chain
facts making up a party's claim or defense.If such evidence is unexplained or uncontradicted, it is sufficient to obtain a
favorable judgment for the issue it supports, may be contradicted by other evidence.

Probable cause - a reasonable ground for suspicion, supported by the circumstances sufficiently strong to justify the
issuance of a search warrant or to make an arrest.Reasonable ground for believing that a crime has been committed or th
the person committed the crime.

Prosecutor - a trial lawyer representing the government in a criminal case.

Protective custody - the confinement or guardianship of an individual by law enforcement with the objective of preventin
an assault or other crimes against him/her.

Public defender - (ex.PAO)government lawyer who provides free legal defense services to a poor person accused of crime

Putative father - a man accused but not proven to be the biological father of an offspring.

Quid pro Quo - something for something, as in making a deal (ex.plea bargaining)

Rape - sexual intercourse between a man and a woman without the women's consent.
Reasonable doubt - doubt that arises from evidence or lack thereof and would be entertained by a reasonable or pruden
person.Reasonable doubt requires acquittal.

Reasonable suspicion - a term referring to police officer's justification for stopping and frisking a person.A mere hunch is
not a reasonable suspicion.

Rebuttal - the presentation of evidence to counter or disprove facts previously introduced by the adverse party.

Recess - an adjournment of a trial or a hearing that is temporary and occurs after the commencement of the trial.If there
going to be a substantial delay, it is called continuance.A temporary dismissal is called sine die.

Record - document that furnishes objective evidence of activities performed or results achieved.

Recross - to cross-examine a witness a second time after redirect examination.

Re-direct examination - opportunity to present rebuttal evidence after one's evidence has been subjected to cross-
examination.

Redirect questioning - questioning by the original attorney that follows the opposing counsel's cross-examination.

Release on recognizance - a court order releasing a defendant from custody on the defendant's written promise to appea
in court when the defendant's case is scheduled for hearing, trial or other proceeding.A defendant who is released on
recognizance is not required to deposit money or other property with the court in order to be released.

Res gestae - all of the things done or words spoken in the course of the transaction or event;A record of what was said or
done in the first moments of an investigation.

Rest - a party is said o have rest its case when it has presented all of the evidence in intends to offer.

Robbery - felonious taking of another's property from his person or immediate presence and against his will by means of
force or fear.

Rules of evidence - standards governing whether evidence in a civil or criminal case is admissible.

Search and seizure - the body of law that covers the issue of examining a persons property with the intention of finding
evidence not in plain view (search) and taking possession of that property against the will of its owner or possessor (seizu

Sentence - a court's determination of the punishment to be inflicted on a person convicted of a crime.

Sentencing - last stage of criminal prosecution in which a convicted defendant is imprisoned, fined, ordered to pay
restitution, or granted a conditional release from custody.
Sequestration of witnesses - also called separation of witnesses, prevents a witness from being influenced by the testimo
of a prior witness.

Statute of limitation - the time within which a lawsuit must be brought ot the time within which evidence must be
analyzed.

Stipulation - an agreement by both sides of a case about some aspect of a lawsuit or criminal trial.

Subpoena - a written command summoning a specific individual to appear in court under penalty for failure to do so.

Subpoena duces tecum - a court order commanding a witness to bring certain documents or records to court.

Subrogation - substituting one creditor for another.

Summary judgment - decision made by a trial court based on written documentation submitted before any trials occur.

Summons - a notice to the defendant that he/she has been sued and is required to appear in court.

Suppression hearing - a hearing before a judge, in which one of the attorney's argues that certain evidence should not be
admitted at trial.

Temporary restraining order - (TRO) a judge's order forbidding certain actions until a full hearing can be heard.

Testimony - evidence given by a witness under oath. does not include evidence from documents and other physical
evidence.

Trial - judicial examination and determination of issues of law and fact disputed by parties to lawsuit.

Trial court - local court that initially hears all cases in dispute.

Validation - confirmation by examination and provision of objective evidence that the particular requirements for a speci
intended use are fulfilled.

Venue - synonymous with the place of trial.

Wanton - characterized by reckless disregard of consequences and the safety and welfare of others.

Warrant - a court order authorizing law enforcement officers to make an arrest or conduct a search.

Warrant of Arrest - an order issued by a judge for the arrest of a person.

Witness - one who testifies to what he/she has seen, heard, or otherwise experienced.

Writ - a mandatory precept issued by an authority in the name of the sovereign or the state for the purpose of compelling
person to do something.

Criminal Jurisprudence Review Questions

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

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

3. Charlie and Lea had been married for more than 6 months.They
live together with the children of Lea from her first husband.
Charlie had sexual relation with Jane, the 14 year old daughter of
Lea.Jane loves Charlie very much.What was the crime committed
by Charlie?
A. Simple Seduction
B. Qualified Seduction
C. Consented Abduction
D. Rape
Answer: B

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. Corruption of Public Officials
B. Direct Assault
C. Slight Physical Injuries
D. Grave Coercion Answer: B
5. A warrant of arrest was issued against Fred for 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?
A. Indirect Bribery
B. Direct Bribery
C. Corruption of Public Officials
D. Qualified Bribery Answer: D

6. Which of the following is the exemption to the hearsy rule made

under the consciousness of an impending death?
A. Parol Evidence
B. Ante mortem statement
C. Suicide note
D. Dead man statute
Answer: D

7. Factum probans means __.

A. preponderance of evidence
B. ultimate fact
C. evidentiary fact
D. sufficiency of evidence Answer: C

8. It refers to family history or descent transmitted from one

generation to another.
A. inheritance
B. heritage
C. pedigree
D. culture Answer: C

9. The authority of the court to take cognizance of the case in the

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

10.A person designated by the court to assist destitute litigants.

A. Counsel de officio
B. Attorney on record
C. Attorney at law
 D. Special counsel Answer: A

11. Which of the following is not covered by the Rules on Summary

Procedure?
A. Violation of rental laws
B. Violation of traffic laws
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. jurisdiction
B. jurisprudence
C. venue
D. bench Answer: C

13.The Anti-Bouncing Check Law.

A. RA 6425
B. RA 8353
C. BP.22
D. RA 6975 Answer: C

14. The taking of another person’s personal property, with intent to

gain, by means of force and intimidation.
A. qualified theft
B. robbery
C. theft
D. malicious mischief Answer: B

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. grave threat
B. grave coercion
C. direct assault
D. slander by deed Answer: B

16. These are persons having no apparent means of subsistence but

have the physical ability to work and neglect to apply himself or
herself to lawful calling.
A. Pimps
 B. prostitutes
C. gang members
D. vagrants Answer: D

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

noises designed to annoy and insult.
A. Tumultuous
B. charivari
C. sedition
D. scandal Answer: B

18. The unauthorized act of a public officer who compels another

person to change his residence.
A. violation of domicile
B. arbitrary detention
C. expulsion
D. direct assault Answer: C

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

person without legal grounds.
A. illegal detention
B. arbitrary detention
C. forcible abduction
D. forcible detention Answer: A

20. An offense committed by a married woman through carnal

knowledge with a man not her husband who knows her to be
married, although the marriage can be later declared void.
A. concubinage
B. bigamy
C. adultery
D. immorality Answer: C

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

A. 15-18 years old
B. 18-70 years old
C. 9 years old and below
D. between 9 and 15 years old Answer: C

22. Those who, not being principals cooperate in the execution of

the offense by previous or simultaneous acts.
 A. Accomplices
B. Suspects
C. principal actors
D. accessories Answer: A

23. The loss or forfeiture of the right of the government to execute

the final sentence after the lapse of a certaintime fixed by law.
A. prescription of crime
B. prescription of prosecution
C. prescription of judgement
D. prescription of penalty Answer: D

24. A kind of executive clemency whereby the execution of penalty

is suspended.
A. Pardon
B. commutation
C. amnesty
D. reprieve Answer: D

25. Infractions of mere rules of convenience designed to secure a

more orderly regulation of the affairs of the society.
A. mala prohibita
B. mala in se
C. private crimes
D. public crimes Answer: A

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. qualified bribery
B. direct bribery
C. estafa
D. indirect bribery
Answer: B
27. The willful and corrupt assertion of falsehood under oath of
affirmation, administered by authority of law on a material matter.
A. libel
B. falsification
C. perjury
D. slander Answer: C
28. Deliberate planning of act before execution.
A. Treachery
B. evident premeditation
C. ignominy
D. cruelty Answer: B

29. Whenever more than 3 armed malefactors shall have acted

together in the commission of a crime.
A. gang
B. conspiracy
C. band
D. piracy Answer: C

30. The failure to perform a positive duty which one is bound to.
A. Negligence
B. imprudence
C. omission
D. act Answer: C

31. Ways and means are employed for the purpose of trapping and
capturing the law breaker in the execution of his criminal plan.
A. Misfeasance
B. entrapment
C. inducement
D. instigation Answer: B

32. Those where the act committed is a crime but for reasons of
public policy and sentiment there is no penalty imposed.
A. impossible crimes
B. aggravating circumstances
C. absolutory causes
D. Complex Crimes
Answer: C

33. One of the following is an alternative circumstance.

A. Insanity
B. intoxication
C. passion or obfuscation
D. evident premeditation Answer: B

34. If the accused refuse to plead, or make conditional plea of guilty,

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

35. At what time may the accused move to quash the complaint or
information?
A. at any time before his arrest
B. only after entering his plea
C. any time before entering his plea
D. Monday morning
Answer: C

36. The process whereby the accused and the prosecutor in a

criminal case work out a mutually satisfactory
disposition on the case subject to court approval.
A. Arraignment
B. plea bargaining
C. preliminary investigation
D. trial Answer: B

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

furnished by him or a bondsman, conditioned upon his
appearance before any court as required under the conditions
specified by law.
A. Subpoena
B. recognizance
C. bail
D. warrant Answer: C

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

laws of the land, of the acts in issue in a case, for the purpose
of determining such issue.
A. Trial
B. Arraignment
C. pre-trial
D. judgment
Answer: A
39. The adjudication by the court that the accused is guilty or is not
guilty of the offense charged, and the imposition of the proper
 penalty and
A. trial
B. Pre-trial
C. Arraignment
D. Judgment Answer: D

40. It is an inquiry or proceeding for the purpose 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. pre-trial
B. arraignment
C. preliminary investigation
D. plea bargaining Answer: C

41. It is evidence of the same kind and to the same state of facts.
A. secondary evidence
B. prima facie evidence
C. corroborative evidence
D. best evidence Answer: C

42. It is that which, standing alone, unexplained or uncontradicted is

sufficient to maintain the proposition affirmed.
A. secondary evidence
B. prima facie evidence
C. corroborative evidence
D. best evidence Answer: B

43. A form of evidence supplied by written instruments or derived

from conventional symbols, such as letters, by
which ideas are represented on material substances.
A. documentary evidence
B. testimonial evidence
C. material evidence
D. real evidence
Answer: A

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

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

47. The unlawful destruction or the bringing forth prematurely, of

human fetus before the natural time of birth which results in
death.
A. abortion
B. infanticide
C. murder
D. parricide Answer: A

48. Felony committed when a person is killed or wounded during the

confusion attendant to a quarrel among several persons not
organized into groups and the parties responsible cannot be
ascertained.
A. alarm and scandal
B. mysterious homicide
C. death under exceptional circumstances
D. tumultuous affray
Answer: D

49. A question which arises in a case the resolution of which is the

logical antecedent of the issue involved in said case and the
cognizance of which pertains to another tribunal.
A. legal question
B. juridical question
 C. prejudicial question
D. judicial question Answer: C

50. The RPC was based on the

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

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

that is voluntary but not intentional.
A. impossible crime
B. mistake of facts
C. accidental crime
D. complex crime Answer: B

52. Infanticide is committed by killing a child not more than….

A. 36 hours
B. 24 hours
C. 48 hours
D. 72 hours
Answer: D

53. Ignorance of the law excuses no one from compliance therewith.

A. ignorantia legis non excusat
B. parens patriae
C. res ipsa loquitur
D. dura lex sed lex
Answer: A
54. An act which would be an offense against persons or property if
it was not for the inherent impossibility of its accomplishment.
A. compound crime
B. impossible crime
C. complex crime
D. accidental crime Answer: B

55. The law which reimposed the death penalty.

A. RA 5425
B. RA 8553
C. RA 7659
 D. RA 8551
Answer: C
56. One who is deprived completely of reason or discernment and
freedom of the will at the time of the commission of the crime.
A. discernment
B. insanity
C. epilepsy
D. imbecility Answer: D

57. The quality by which an act may be subscribed to a person as its

owner or author
A. responsibility
B. duty
C. guilt
D. imputability Answer: D

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. fortuitous event
B. fate
C. accident
D. destiny Answer: C

59. A sworn written statement charging a person with an

offense,subscribed by the offended party, any peace
officer or other public officer charged with the enforcement of
the law violated.
A. subpoena
B. information
C. complaint
D. writ Answer: C

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. right to due process of law
B. presumption of innocence
C. right to remain silent
D. right against self-incrimination Answer: B
61. Known in other countries as the body of principles,
practices,usages and rules of action which are not
recognized in our country.
A. penal laws
B. special laws
C. common laws
D. statutory laws Answer: C

62. Circumstances wherein there is an absence in the agent of the

crime any of all the conditions that would make
an act voluntary and hence, though there is no criminal liability
there is civil liability.
A. Exempting
B. alternative
C. justifying
D. aggravating Answer: A

63. Circumstances wherein the acts of the person are in accordance

with the law, and hence, he incurs no criminal and civil liability.
A. exempting
B. alternative
C. justifying
D. aggravating 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. Ignominy
B. cruelty
C. treachery
D. masochism
Answer: B

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. Recidivism
B. habitual delinquency
C. reiteracion
D. quasi-recidivism Answer: A
66. Alevosia means
A. Craft
B. treachery
C. evident premeditation
D. cruelty Answer: B

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

68. A person if within a period of 10 years from 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. Recidivist
B. quasi-recidivist
C. habitual delinquent
D. hardened criminal Answer: C

69. A kind of evidence which cannot be rebutted or overcome.

A. Primary
B. Best
C. Secondary
D. Conclusive
Answer: D

70. A kind of evidence which cannot be rebutted or overcome.

A. Primary
B. Best
C. Secondary
D. Conclusive Answer: D

71. These questions suggest to the witness the answers to which an

examining party requires.
A. leading
B. misleading
C. stupid
D. hearsay Answer: A
72. A method fixed by law for the apprehension and prosecution of
persons alleged to have committed a crime, and
or their punishment in case of conviction
A. Criminal Law
B. Criminal Evidence
C. Criminal Procedure
D. Criminal Jurisprudence Answer: C

73. The period of prescription of crimes punishable by death.

A. 20 years
B. 15 years
C. 10 years
D. 40 years Answer: A

74. Persons who take direct part in the execution of a crime.

A. Accomplices
B. Accessories
C. Instigators
D. Principals Answer: D

75. A crime against honor which is committed by performing any act

which casts dishonor, discredit, or contempt upon another
person.
A. libel
B. slander by deed
C. incriminating innocent person
D. intriguing against honor Answer: B

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

done.
A. misfeasance
B. malfeasance
C. nonfeasance
D. dereliction Answer: B

77. A sworn statement in writing, made upon oath before an

authorized magistrate or officer.
A. subpoena
B. writ
C. warrant
 D. affidavit Answer: D

78. Any other name which a person publicly applies to himself

without authority of law.
A. alias
B. common name
C. fictitious name
D. screen name
Answer: C

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
B. recidivism
C. reiteracion
D. charivari Answer: A

80. Which of the following is not a person in authority?

A. Municipal mayor
B. Private School Teacher
C. Police Officer
D. Municipal Councilor Answer: C

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

disturbances in the State.
A. Sedition
B. Rebellion
C. Treason
D. Coup d’ etat Answer: A

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

A. 30 days
B. 15 days
C. 10 days
D. 60 days Answer: C

83. The detention of a person without legal grounds by a public

officer or employee.
A. illegal detention
 B. arbitrary detention
C. compulsory detention
D. unauthorized detention Answer: B

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

who owes allegiance to it.
A. treason
B. espionage
C. rebellion
D. coup d’ etat Answer: A

85. A building or structure, exclusively used for rest and comfort.

A. sanctuary
B. prison
C. jail
D. dwelling Answer: D

86. The mental capacity to understand the difference between right

and wrong.
A. treachery
B. premeditation
C. recidivism
D. discernment Answer: D

87. Conspiracy to commit this felony is punishable under the law.

A. Estafa
B. Murder
C. Rebellion
D. Rape Answer: C

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

89. It means mistake in the blow.

A. Aberratio Ictus
B. Error in Personae
C. Dura lex sed lex
 D. Praeter Intentionem Answer: A

90. A stage of execution when all the elements necessary for its
execution and accomplishment are present.
A. Attempted
B. Frustrated
C. Consummated
D. Accomplished
answer: C
91. An act or omission which is the result of a misapprehension of
facts that is voluntary but not intentional.
A. Absolutory Cause
B. Mistake of facts
C. Conspiracy
D. Felony Answer: B

92. Crimes that have three stages of execution.

A. Material
B. Formal
C. Seasonal
D. Continuing Answer: A

93. Felonies where the acts or omissions of the offender are

malicious.
A. Culpable
B. Intentional
C. Deliberate
D. Inculpable Answer: B

94. It indicates deficiency of perception.

A. Negligence
B. Diligence
C. Imprudence
D. Inference Answer: A

95. Acts and omissions punishable by special penal laws.

A. Offenses
B. Misdemeanors
C. Felonies
D. Ordinances
Answer: A
96. A character of Criminal Law, making it binding upon all persons
who live or sojourn in the Philippines.
A. General
B. Territorial
C. Prospective
D. Retroactive Answer: A

97. A legislative act which inflicts punishment without judicial trial.

A. Bill of Attainder
B. Bill of Rights
C. Ex Post Facto Law
D. Penal Law
Answer: A

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

bound to answer for the commission of an offense.
A. Search
B. Seizure
C. Arrest
D. Detention Answer: C

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

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. Child rape
B. Qualified Rape
C. Statutory Rape
D. None of these Answer: C

Criminal Jurisprudence Reviewer 1

1. The SC ruled the illegally obtained evidence is inadmissible in state
criminal prosecutions in the famous case of
A. Miranda vs Arizona
B. Otit vs Jeff
 C. Mapp vs Ohio
D. Milkey vs Wett

2. It is defined as a remedy or process by which a child born out of

lawful wedlock and are therefore considered illegitimate are by
fiction of law considered by subsequent valid marriage of the
parents.
A. Adoption
B. Legitimation
C. Foster parenting
D. Naturalization

3. What is the Latin term for criminal intent?

A. Mens Rea
B. Magna Culpa
C. Inflagrante Delicto
D. Mala Vise

4. What should be conducted in order to determine whether a case

falls under the jurisdiction of the regional Trial Court?
A. Inquest proceeding
B. Preliminary conference
C. Preliminary investigation
D. Search and Seizure

5. For offense falling under the jurisdiction of Municipal Trial Courts

and Municipal Circuit trial courts, prosecution is instituted

A. By filling a compliant with the Regional Trial Court

B. By filing a complaint directly with the court
C. By filling a complaint with the chief of Police in the
municipality
D. By filling a complaint with the fiscal for preliminary
investigation

6. Intervention of the offended party in the criminal action is not

allowed in the following instances EXCEPT:
A. when he has not waived the civil action
B. when he has file the civil action ahead of the criminal
C. when he has expressly reserved the right to institute
the civil action separately
 D. when he has waived the civil action

7. The place of trial for a criminal action is cited

A. territory
B. action
C. jurisdiction
D. venue

8. The primary purpose of bail is

A. to protect the accused rights
B. to keep the accused in jail until trial
C. to punish the accused for the crime
D. to release the accused

9. The authority of the court to take cognizance of a case in the

first instance is known as:
A. original jurisdiction
B. appellate jurisdiction
C. general jurisdiction
D. delegated jurisdiction

10. "A" stabbed "B". "A" brought "B" to a hospital for medical
treatment.Had it not been the timely medical attendance. "B"
would have died.This is a case of
A. a physical injury
B. an attempted felony
C. a consummated felony
D. a frustrated felony

11. A person undergoing criminal investigation enjoys his three

constitutional rights such as
A. the right to oppose whatever the accusation on him
B. the right to plea guilty and not guilty
C. the right to oppose whatever accusation or him based on his
constitutional right
D. the right to remain silent, the right to counsel, the right to be
informed of the nature of the accusation

12. Evidence is admissible when it is relevant to the issue and is

not excluded by the rules on
A. Real evidence
 B. Secondary evidence
C. Admissibility of evidence
D. Relevancy of evidence

13. What is the sworn written statement charging a person with an

offense, subscribed by the offended party, any peace officer or
other employee of the government or government institution in
change of the enforcement or execution of the law violated?
A. Deposition
B. Complaint
C. Police blotter
D. Information

14. Trial is allowed only after arraignment and the accused may waive
his right to appear at the trial except when his presence is
required for purposes of identification. This is the principle of trial
in __.
A. Substitution
B. Absentia
C. Re-assignment
D. Ordeal

15. A public officer or employee when NOT being authorized by

judicial order, shall enter a dwelling against the will of the owner
thereof is committing:
A. Legal entry
B. Violation of domicile
C. Illegal entry
D. Abatement

16. Intoxication when considered under the law is considered

A. Alternative Circumstance
B. Maladaptive Behavior
C. Delinquent act
D. Anti social Behavior

17. The adjudication by the court that the defendant is guilty or is

not guilty of the offense charged and the imposition of the
penalty provided by law on the defendant who pleads or is found
guilty thereof
A. judgment
 B. false informant
C. information
D. admission

18. Is that which is not excluded by the law as tending to prove

a fact in issue
A. material evidence
B. relevant evidence
C. direct evidence
D. competent evidence

19. Any private person who shall enter the dwelling of another
against the will of the latter
A. none of these
B. trespassing to dwelling
C. light threats
D. usurpation

20. Are those acts and omissions committed not only by means of
deceit, but also by means of fault and are punishable by law.
A. Justifying circumstances
B. Felonies
C. Exempting circumstances
D. Attempted felony

21. Is committed whenever the offender commences the commission

of a crime directly by overt acts but does not perform all the acts
of execution which should produce the felony as a consequence
by reason of some cause or accident other than his own
spontaneous desistance.
A. Frustrated felony
B. Attempted felony
C. Consummated felony
D. Felony

22. Are those crimes committed against individuals, particularly

against their chastity, but which do not produce danger or
prejudice common to other members of society.
A. Private crimes
B. Public crimes
C. Felony
 D. Infractions

23. Are those crimes committed against the society which produce
direct damage or prejudice common to all its members.
A. Private crimes
B. Public crimes
C. Felony
D. Infractions

24. One of the characteristics of criminal law, where penal laws do

not have retroactive effect, except in cases where they favor the
accused charged with felony and who are not habitual criminals.
A. Retrospective
B. General
C. Territorial
D. All of the foregoing

25. A theory underlying the system of our criminal law, of which

Rafael Garafalo and Enrico Ferri, including Dr. Cesare Lombroso,
were the greatest exponents, that crime is considered as
essentially asocial and natural phenomenon.
A. Juristic or classical theory
B. Positivist or realistic theory
C. Punitive theory
D. Non- punitive theory

26. It is the Latin term referring to "caught in the act" of performing a

crime.
A. Nullum Crimen
B. Dura lex sed lex
C. Ignorancia lex excusat
D. none of these

27. Any act committed or omitted in violation of a public law

forbidding or commanding it.
A. legal act
B. Crime
C. Poena
D. Punishment

28. A rule of conduct, just, obligatory, enacted by legitimate

 authority for the common observance and benefit.
A. Regulation
B. City Ordinance
C. Law
D. Lawful Act

29. The Latin term POENA means:

A. Penalty
B. Pain
C. Punishment
D. Police

Answers: Criminal Jurisprudence

1. C
2. B
3. A
4. C
5. B
6. B
7. D
8. D
9. A
10. D
11. D
12. D
13. B
14. B
15. B
16. A
17. A
18. B
19. B
20. B
21. B
22. A
23. B
24. A
25. B
26. D
27. B
28. C
29. B

Evidence Reviewer
Definition Of Terms

Admission - any statement of fact made by a party against his interest

or unfavorable to the conclusion for which he contends or is inconsistent
with the facts alleged by him.

Related: Full Reference Material in Evidence

Best Evidence Rule - is that rule which requires the highest grade of
evidence obtainable to prove a disputed fact.

Burden Of Evidence - logical necessity on a

party during a particular time of the trail to create a
prima facie case in his favor or to destroy that
created against him by presenting evidence.

Burden Of Proof/Risk of Non-Persuasion - 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.

Character - the aggregate of the moral qualities which belong to and

distinguish an individual person.

Circumstantial Evidence - is the proof of a fact or facts from which

taken either singly or collectively, the existence or a particular
fact in dispute may be inferred as a necessary or probable consequence.

Common Reputation - is the definite opinion of the community in which

the fact to be proved is known or exists. It means the general or
substantially undivided reputation, as distinguished from a partial or
qualified one, although it need not be unanimous.

Competency Of A Witness - is the legal fitness or ability of a witness

to be heard on the trial of a cause.

Competent Evidence - one that is not excluded by this Rules, a statute

or the Constitution.
Compromise - is an agreement made between two or more parties as a
settlement matters in dispute.

Conclusive Evidence - the class of evidence which the law does not allow
to be contradicted.

Confession - categorical acknowledgement of guilt made by an accused

in a criminal case, without any exculpatory statement or explanation.
If the accused admits having committed the act in question but alleges
a justification therefore, the same is merely an admission.

Judicial Confession - one made before a court in which the case

is pending and in the course of legal proceedings therein and,
by itself, can sustain a conviction even in capital offenses.

Extra Judicial Confession - one made in any other place or

occasion and cannot sustain a conviction unless corroborated by
evidence of the corpus delicti. This section refers to extrajudicial
confessions.

Corroborative Evidence - is additional evidence of a difference character

to the same point.

Cumulative Evidence - evidence of the same kind and to the same state
of facts.

Demonstrative Evidence - is a tangible evidence that merely illustrates

a matter of importance in the litigation such as maps, diagrams,
models, summaries and other materials created especially for litigation.

Direct Evidence - that which proves the fact in dispute without the
aid of any inference or presumption.

Doctine Of Processual Presumption - absent any of the evidence or admission,

the foreign law is presumed to be the same as that in the Philippines.

Document - any substance having any matter expressed or described upon

it by marks capable of being read.
- is a deed, instrument or other duly authorized appear by
which something is proved, evidenced or set forth.

Documentary Evidence - evidence supplied by written instruments or derived

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

Dying Declaration - The ante mortem statements made by a person after

the mortal wound has been inflicted under the belief that the death is
certain, stating the fact concerning the cause of and the circumstances
surrounding the attack.

Equipose Rule - Where the evidence gives rise to two probabilities,

one consistent with defendant’s innocence, and another indicative of
his guilt, that which is favorable to the accused should be considered.

Estoppel By Deed – the tenant is not permitted to deny title of his

landlord at the time of the commencement of the land-lord tenant
relationship. If the title asserted is one that is alleged to have been
acquired subsequent to the commencement of that relation, the presumption
will not apply.

Estoppel In Pais - whenever a party has, by his own declaration, act,

or omission, intentionally and deliberately lead another to believe a
particular thing to be true and act upon such belief, he cannot, in
any litigation arising out of such declaration, act or omission, be
permitted to falsify it.

Expert Witness - one who belongs to the profession or calling to which

the subject matter of the inquiry relates to and who possesses special
knowledge on questions on which he proposes to express an opinion.

Express Admissions - are those made in definite, certain and unequivocal

language.

Extra Judicial Admissions - are those made out of court, or in a judicial

proceeding other than the one under consideration.

Fact - thing done or existing.

Facts In Issue - are those facts which the plaintiff must prove in order
to establish his claim and those facts which the defendant must prove
in order to establish a defense set up by him, but only when the fact
alleged by the one party is not admitted by the other party.

Facts Relevant To The Issue - are those facts which render the probable
existence or non-existence of a fact in issue, or some other relevant
fact.

Factum Probandum - the ultimate fact or the fact sought to be established.

- Refers to proposition

Factum Probans - is the evidentiary fact or the fact by which the factum
probandum is to be established. Materials which establish the proposition.

Hearsay Rule - Any evidence, whether oral or documentary is hearsay if

its probative value is not based on the personal knowledge of the
witness but on the knowledge of some other person not on the witness
stand.
Impeaching Evidence - a proper foundation must be laid for the impeaching
questions, by calling attention of such party to his former statement
so as to give him an opportunity to explain before such admissions are
offered in evidence.

Implied Admissions - are those which may be inferred from the acts,
declarations or omission of a party. Therefore, an admission may be
implied from conduct, statement of silence of a party.

Independent Evidence - admissions are original evidence and no foundation

is necessary for their introduction in evidence

Intermediate Ambiguity - situation where an ambiguity partakes of the

nature of both patent and latent. In this, the words are seemingly
clear and with a settled meaning, is actually equivocal and admits of
two interpretations. Here, parol evidence is admissible to clarify
the ambiguity provided that the matter is put in issue by the pleader.
Example: Dollars, tons and ounces.

Issue - is the point or points in question, at the conclusion of the

pleadings which one side affirms, and the other side denies.

Judicial Admissions - are those so made in the pleadings filed or in

the progress of a trial.
- It is one made in connection with a judicial
proceeding in which it is offered, while an extrajudicial admission
is any other admission.

Judicial Notice - no more than that the court will bring to its aid
and consider, without proof of the facts, its knowledge of those
matters of public concern which are known by all well-informed
persons.
- cognizance of certain facts which judges may take
and act on without proof because they are already known to them.

Material Evidence - evidence directed to prove a fact in issue as

determined by the rules of substantive law and pleadings. The test is
whether the fact it intends to prove is an issue or not. AS to whether
a fact is in issue or not is in turn determined by the substantive law,
the pleadings, the pre-trial order and by the admissions or confessions
on file. Consequently, evidence may be relevant but may be immaterial
in the case.

Negative Evidence - when the witness did not see or know of the occurrence
of a fact. There is a total disclaimer of persona knowledge, hence without
any representation or disavowal that the fact in question could or could
not have existed or happened. It is admissible only if it tends to
contradict positive evidence of the other side or would tend to exclude
the existence of fact sworn to by the other side.

Object Evidence - is a tangible object that played some actual role on

the matter that gave rise to the litigation. For instance, a knife.

Objective or Real Evidence - directly addressed to the senses of the

court and consist of tangible things exhibited or demonstrated in open
court, in an ocular inspection, or at place designated by the court
for its view or observation of an exhibition, experiment or demonstration.
This is referred to as autoptic preference.

Omnia praesumuntur rite et solemniter esse acta donec probetur in

contrarium – all things are presumed to have been done regularly and
with due formality until the contrary is proved.

Opinion - an inference or conclusion drawn from facts observed.

Ordinary Opinion Evidence - that which is given by a witness who is

of ordinary capacity and who has by opportunity acquired a particular
knowledge which is outside the limits of common observation and which
may be of value in elucidating a matter under consideration.

Parol Evidence - any evidence aliunde, whether oral or written, which

is intended or tends to vary or contradict a complete and enforceable
agreement embodied in a document.

Patent or Extrinsic Ambiguity - is such ambiguity which is apparent on

the face of the writing itself and requires something to be added in
order to ascertain the meaning of the words used. In this case, parol
evidence is not admissible, otherwise the court would be creating a
contract between the parties.

Pedigree - includes relationship, family genealogy, birth, marriage,

death, the dates when, and the placer where these facts occurred and
the names of their relatives. It embraces also facts of family history
intimately connected with pedigree.

Positive Evidence - when the witness affirms that a fact did or did not
occur. Entitled to a greater weight since the witness represents of his
personal knowledge the presence or absence of a fact.

Presumption - An inference as to the existence or non-existence of a

fact which courts are permitted to draw from the proof of other facts.

Presumption Juris Or Of Law – is a deduction which the law

expressly directs to be made from particular facts.

Presumption Hominis Or Of Fact – is a deduction which reason

draws from facts proved without an express direction from the
law to that effect.

Prima Facie Evidence - that which is standing alone, unexplained or

uncontradicted, is sufficient to maintain the proposition affirmed.

Primary Evidence - that which the law regards as affording the greatest
certainty of the fact in question. Also referred to as the best evidence.

Privies - those who have mutual or successive relationship to the

same right of property or subject matter, such as “personal
representatives, heirs, devisees, legatees, assigns, voluntary grantee
or judgment creditors or purchasers from them without notices to the fact.

Privity - mutual succession of relationship to the same rights of property.

Proof - the result or effect of evidence. When the requisite quantum

of evidence of a particular fact has been duly admitted and given weight,
the result is called the proof of such fact.

Relevant Evidence - evidence having any value in reason as tending to

prove any matter provable in an action. The test is the logical relation
of the evidentiary fact to the fact in issue, whether the former tends
to establish the probability or improbability of the latter.

Res Gestae - literally means things done; it includes circumstances,

facts, and declarations incidental to the main facts or transaction
necessary to illustrate its character and also includes acts, words,
or declarations which are closely connected therewith as to constitute
part of the transaction.

Rule Of Exclusion - that which is secondary evidence cannot inceptively

be introduced as the original writing itself must be produced in court,
except in the four instances mentioned in Section 3.

Secondary Evidence - that which is inferior to the primary evidence and

is permitted by law only when the best evidence is not available.
Known as the substitutionary evidence.
- shows that better or primary evidence exists as to
the proof of fact in question. It is deemed less reliable.

Self Serving Declaration - is one which has been made extrajudicially

by the party to favor his interests. It is not admissible in evidence.

Testimonial Evidence - is that which is submitted to the court through

the testimony or deposition of a witness.

Unsound Mind - any mental aberration, whether organic or functional, or

induced by drugs or hypnosis.

Witness - reference to a person who testifies in a case or gives evidence

before a judicial tribunal.