J art8l_ 6 Revi CENTER (J? ARC’s 2023 CLE Memory Aid (CRIMINAL LAW AND JURISPRUDENCE) (CRIMINAL LAW & JURISPRUDENCE: PART 1 1. 10. 11. 12, 13 Under the Rules on Criminal Procedure, the two-witness rule in effecting a search warrant applies orly in the absence ofthe lawful occupant of the house or any member of his family ‘The legal method prescribed by law for the apprehension and prosecution of a person who committed an offense and his Punishment in case of conviction is called — criminal procedure ‘The prosecution of criminal action either commenced by complaint or by information shall be under the direction and control of the ~ public prosecutor At the arraignment, the accused may be allowed by the trial court to plead guilty to a lesser offense which is necessarily induded in the offense charged with the prier express consent of - the public prosecutor and the offended party Under the law, an offense involving violation of RA 9165, is within the exclusive jurisdiction of the ~ Regional Trial Court ‘The validity ofa search warrant expires - after 10 days from date of issue ‘An appeal shall be taken by the accused to the appropriate court or tribunal in the manner prescribed by law and the rules. within - 15 days from the promulgation or notice of the judgment ‘A competent cout may validly exercise its criminal jurisdiction over a particular case only if thas ~ ‘© acquired jurisdicton over the subject matter ‘+ acquired jurisdicton over the territory where the offence was committed ‘© acquired jurisdicton over the person of theaccused ‘The execution of warrant of arrest shall be made by the arresting officer - within 10 days from receipt of the warrant What law esablished the Katarungeng Pambarangay? PD 1508 Subject matter of Pre-Trial ‘© plea bargaining; ‘© stipulation of facts; ‘© marking for Identincation of evidence of the parties; ‘© waiver of objections to admissibility of evidence; ‘© modification ofthe order of tral ifthe accused admits the charge but interposes a lawful defense; and ‘© such matters as will promote a fair and expeditious trial Of the criminal and chill aspects of the case. Under what circumstances a search warrant may not be served? During night time Extrajudicial confession: when admissible © Inwriting ‘© Signed by person © Presence of © hiscoursel, or Parents Elder brothess & sisters le epnnee > 00 4, 15. 16. 17, 18. 19. 29. 30. 31. 32. 33. 35. © Municipal judge © District schoo! supervsor © Prest or minster “Fruit of the poisonous tree” is @ doctrine in evidence wich that the evidence obtained is - inadmissible Evidence on this matter shall never be alloned except when it tends to establish probability of the facts in issue ~ collateral matter In the hearing of quasi-judidal bodies, evidence needed to establish a fact should be - Substantial Evidence, if it has such a relation to the fact hy issue is considered -Relevant Under the mules of court, photocopies signed individually are referred considered ~ Duplicate What is known as the means of ascertaning in a judicial proceeding the truth regarding a matter of fact? Evidence ). Evidence addressed to the senses of the court which maybe viewed or exhibted are considered - Object Evidence |. Under the rules on evidence, in ordinary course of business, fone being copied from the other act or near the time of transaction is considered - Original - What is the rule that states thet no evidence shall be admissible tier than the original document? Best Evidence Rule - Models, maps, charts and demonstrations, under the rules of evidence, are considered. Demonstrative evidence - Evidence which s sufficient to prove an issue uniess overcome or rebutted by other evidence is called - Prima-facie 5. Admission made by a party regarding another case net subject ofthe trial is called - extra-judicial admission 5. What kind of evidence is given by a witness who states that he does nat krow whether a fact did or did not occur? Negative /. Evidence which aside from being relevant affects the issue In important and substantial matter. MATERTAL . Evidence which is allowed to be introduced since it is not excluded by the rule or law is considered as ~ Competent What is the kind of evidence that is given by a person of specialzed knowledge? Expert Evidence which cannot be overcome or rebutted is known as Conclusive Those evidence obtained in violation ofa person's constitutional rights are called by the rule on evidence as ~ Exclusionary rule The ctiginal of @ photograph presented as 2 documentary evidence is called ~ negative ‘An admission made by a party in the course of the court proceeding of the case is called - Judicial admission }. Under what thecry of criminal law carries the system that cime Is considered as essentially asocial and natural phenomenon and as such cannot be treated and checked by the application of abstract principle of law and jurisprudence, nor by the lmposition of @ punishment, but rather through the enforcement of individual measures? Positivist or realistic theory Criminal law should be obligatory upen all persons residing within the state, subject to the principles of public international law and treaty agreements. This refers to its characteristicsJ art8l_ 6 Revi CENTER (Sy 36, Penal laws do not have retvoactve effect, except in cases where they favor the accused charged wth felony and who are not habitual criminals. This refers to its characteristic called — Irretrospectivity or Prospectivity The applicablity of penal laws subjecting 2 person to Punishment crimes committed within the Philippine territory, extending to the twevve-mile limits from the headlands refers to ts—Territoriality What rule applies with respect to the jurisdiction to try crimes, committed on board of foreign vessels while found within another countrys teritoral boundaries, do not affect the tranquility, peace and security of such State, or when is safety isnotendangered, these offenses are triable in the courts of the country represented by the flag of such foreign vessel? Nationality theory (French Rule) If crime is comitted on boar¢ a foreign merchant vessel wile ina foreign port, save in cases covered by treaty agreements, are subject to the jurisdiction of the local courts unless they affect only the vessel or those belonging to her and do not involve the dignity of the host country or the tranqulty of the latter's port, then, what rule should apply? Theory on Territoriality (English Rule) Law control: social actions. What do you call those crimes committed against the society, which produce direct damage or prejudice commen toll its members. Public crimes ‘The violations of laws are committed against an individual, but which do net praduce danger or prejudice common to other members of society are called - Private crimes Offences of serious character in thet effect on socety as tocall for the practically unanimaus condemnation cf its membersare considered - Mala in se What are called infraction: of rules of converience dedigned to secure a more orderly regulation of the affairs of society? Mala prohibita ‘Those acts and omissions committed not only by means of deceit, but also by means of faut and are purishable by law are caled —Felonies |. Whenever the offender commences the commission of @ crime directly by overt acts but does not perform all the acts of execution which should praduce the felony asa consequence by reason of come cause of accident other than hie own spontaneous desistance, the stage ofthe criminal action is with in ts ~ Attempted felony When the offender performs all the ads of execution which would produce the felony 2s a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator, the stage of the criminal action is within its ~ Frustrated felony When the offender performs allthe ects cf execution from which the intended crime actually result, the stage of criminal acion is wth in its ~ Consummated felony Incriminal law, what ae the circumstances wherein the acts of the person are in accerdance wih the law and, hence, he incurs no criminal and civil liability? Justifying circumstances ‘Those wherein there is an absence in the agent of the crime, any ofall the conditions that would make an act voluntary and although there is no criminal liability, there is civil liability. Exempting circumstances In crimnal law, what are the circumstances where those that have the effect of reducing the penalty because there is diminution cf any the elements of dolo or culpa, which makes the voluntary or because of the lesser perversity of the 37. 38. 39. 40. a. a2. 43. 45. 46. 47. 48. 51. 52. 53. 57. 61. the neture and effects of the cime and other condltions attending its commission are called - Alternative circumstances In criminal law, what are the ciraumstances which serve to increase the penalty without exceeding the maximum provided by the law because of the greater perversity of the offender as by the motivating power of the commission of the crime, the time and place of its commission, the means employed or the personal circumstances of the offender? Aggravating circumstances What situation takes place when 2 peace officer induces a person to commit a crime; without the inducement, the cime Would not be committed? Instigation ‘This signifies the ways and mean devised by a peace officer to apprehend a person who has committed a crime; with our without the sald devise or means and devse, the crime has already been committed. This refers to - Entrapment ne of the following situation, to be appreciated as mitigating, it must be made to a person in authority or his agent; it may be present if after the iesuance of @ warrant of arrest, but before adual arrestis made, Voluntary surrender . A case of at least two convictions and itis a form of pluralty of crimes like reiteration, habitual delinquency; that the first conviction must be fhial judgment and must take place prior to the second conviction, and the subsequent conviction should be for an offense committed before the commission of the offense inthe prior conviction. This is a case of — Recidivism What kind of aggravating circumstances must be essential that the offender be previously punished, that is, he has served the ssentence for an offense in which the law attaches, or provides for an equal or greater penalty than that attached by law to the second offence, of for two or more offenses, in which the law attaches a lighter penalty? Habitual or reiteration What kind of aggravating circumstances is present when a person commits any of the crimes against person, employing such means, methods or forms in the execution thereof which tend directly and specially to ensure its execution, without risk to himself arising from the defense which the offended party might make? Treachery ‘Among the persons who are criminally liable, those who take direct part in the executon of the act; who directly force or Induce another to commit it; and those who cooperete in the commission of the offense by another act without which it would not have been accomplished are considered — Principals ‘A person whenever, having knowledge of the commission of the crime, witout having participated therein, tates part subsequent to its commission, either by profiting themselves are assisting the offenders to profit by the effects of the crime; by concealing or destroying the body of the crime or assisting the escape of the principal, is considered as ~ Accessories . In its juridical sohere, it means by the suffering undergone, because of the action of the society, by one who commits & crime, hence, it can only be imposed after conviction in a criminal action, What is being defied? Punishment What is the kind of Executive Clemency that wipes away the ‘uilt of the convicted person, subject to three limitations to be executed by the President? Pardon ). What Is the kind of Executive Clemency whereby the execution of penalty is suspended? Reprieve When the penaty imposed by the court upon an offender is reduced to a lighter one, it is callec - Commutation ofCais) (J? penalty imposed upon the offender for the cormmission of a crime is more then twelve years imprisonment is referred to as = Civil Interdiction Tt is one, which, under the law existing at the time of its commission and at the time of the applcation to be admitted to bail, may be punished by death, although a lower penalty then death maybe imposed after conviction. This is referred to as ~ Capital offense It one for which the law imposes a single punishment for vatious offenses. It is committed in either of two ways; when a single act constitutes two or more grave or less grave offenses; or when an offense is a necessary means for committing another. This is referred to as - Complex crime What kind of crime is committed by a person who performs an act which would be an offense against persons or property, where itnot forthe inherent impossbily ofits accomplishment or on account of the employment of inadequate or ineffecual means? Impossible crime What is called the forfeiture or loss of the right ofthe state to prosecute the offender after the lapse ofa certain time fixed by law? Prescription of crime What is called the loss of forfeture of the right of the government to execute the final sentence after the lapse of a certain time fixed by law? Prescription of penalty ‘The mercy extended by the Chief Executive to 2 person sentenced for an offense whereby the persnal effects ofthe penalty are suspended subject to certain condition is called — Conditional pardon ‘A dispesition under which a defendant after convicion and sentence is released subject to the conditions imposed by the Court subjectto supervision is known as ~ Probation What is being determined on the basis of the damages sustained by the injured party and also those suffered by his family or by third persons, and are generally granted to cases of crimes against persons? Indemnification What is granted in connection of crimes against property, and is limited to prejudice that the injured party suffered? Reparation This case may arise where the erminl action 's suspended instead until the temination of the civil or administrative proceeding; thatt must be determinative ofthe case before the court; and jurisdiction to try the case must be lodged in another tribunal, Which among the folowing is being asked? Prejudicial question 72. What ciime is committed i one breached his or her allegiance, which is the obligation of the fidelity and obedience ones owes to the government, or sovereign under which he lives in return the protection he or she receives? Treason What isthe crime committed by one who, on the occasion of a war in-which the Government is not involved, violates any of the regulation issued by competent authority for the purpose of enforcing neutralty? Violation of Neutrality What is the crime committed when any publc officer or employee who, not being thereunto authorzed by law, shall expel any person from the Philippine Island or shall compel such person to change his residency? Expulsion ‘The citizen intelectual or emotionally favor the enemy and harbors sympathies or connections disloyal to his countrys, policy or interest is @ crime known as - Adherence to the enemy Piracy in Art. 122 of the RPC can be committed on High Seas ‘and Philippine waters; witn the passage of PD 532, the 67. 70. 71. 73. 74. 75. 7 78. 79, a1. 22, a1. art8l_ 6 Revi CENTER the testimony wil be hearsay? a I wil ask him what Is his relation tothe party b. Iwill ask him why heis in the vicinty of the crime c I wil ask him why he i wiling to testify dX will ask him if he has personal knowledge Cerdo is a resident of Valenzuela, he committed a crime in Manila against Jake, a resident of Caloocan. Where should the case be fled? MANILA In all criminal eases, accused is presumed innecent. Thus, the prosecution has the burden of proof. Between the accused ard the prosecution, who should present the evidence frst PROSECUTION except if the accused interposes justifying or exempting ‘circumstances. In which case, the DEFENSE should present the evidence first. ). Paice Staff Sergeant Ace entored the house of another. There Is no signange expressly prohibiting the entry thereto. Police Officer Ace entered the louse surreptitiously. He may be liable for the crime of violation of domicile if the owner of the house discovered him and required him to leave but he refused to do so. When the killing of @ person is attended by circumstances stated under Article 248 of Revised Penal Code, itis MURDER. A person i¢ about to commit a crime in your presence, as a podlice officer, what will you do to approximate course of action todo considering the crime is not yet consummated? ARREST THE PERSON WITHOUT WARRANT . Paice Staff Sergeant Juan Tamad and company were patrolling. They saw Narco, drunk and walking in a zigzag manner. They called him up whereupon Marco ran away. They pursued him ‘and applied stop and frisk. They found a weapon. Is the stop and frisk valid? YES. - Violation of a penal law that forbids or commands it - CRIME 5. Lakas killed his legitimate chid less than 12 years old. What crime is committed by Lakas? PARRICIDE 5. Testimony of child witness may be ADMISSIBLE IF THE CHILD IS SHOWN TO BE ACOMPETENT WITNESS. - What right will the accused iavoke if the question is directly tackling on why he commited the crime? RIGHT TO REMAIN SILENT . The taking of a virgin over twelve years and under eighteen years of age, carried out wth her consent and with ewd designs ~ CONSENTED ABDUCTION ). The declaration of an accused acknowledging his guilt ofthe offense charged, or of any offense necessary induded therein, ‘may be given in evidence against him - CONFESSION ‘The act, declaration or omission of a party os to a relevant fact may be given in evidence against him - ADMISSION Refers to something that requires no evidence to be presented Jn court ~ JUDICIAL NOTICE: © exstence and teritorial extent of states, '* their political history, forms of government and symbols, of nationality, © the law of nations, the law of nations, the poltical constitution and history of the Philippines, the offal acts of legislative, executive and judicial departments of the Philippines, © the lans of nature, (¢ the measure of time, and es el eee103. 10%. 108. 108. 107. 108. 103, 1104 ML. Cais) (J? neighbors’ spiritual damage or tin: 1. lving in same room ff house, 2. appearing together in public, 3. performing acts in sight of community which give rise to criticism and ‘general protest among nelghbers. © Under scandalous circusmtances- act of sewal intercourse which may be proved by circumstantial evidence. © Best witnesses to prove scandalous circumstances — people in the vicinity © When spies are employed, there is no evidence of scandalous circumstances. ‘© Cohabiting with a woman in any other place — scendalous circumstances: NOT necessary ‘© COHABIT - to dwell together, in the manner of husband and wife, for some period of time, as distinguished from ‘eccasional, transient interviews for unlawful intercourse; cohabiting for a week, month, a year or longer |. CREME - violation of a penal law that forbids or command PROSECUTOR - appears for the offended party in criminal cases In the commission of the crime, the accused did not stop and. spontaneously desisted until he executed all his acts and did not produce the felony. The commission of the crime is in FRUSTRATED STAGE. Original Document: a, The original of the document is one the ‘contents of which are the subject of inquiry. b. When document isin two or more copies executed at or about the same time, with identical contents, al such copies are equally egardedas originals. c. When an entry isrepeated in tthe regular course of business, one being copied from another at or near the time of the transaction, all the entries are likenise equally regarded as originals. When the freedom of action is absent: EXEMPTING Offer oF Evidence: ¢ TESTIMONIAL EVIDENCE — at the time the witness is called to testiy ‘© DOCUMENTARY EVIDENCE - after the presentation of a partys testimonial evidence ‘© OBJECT EVIDENCE - after the presentation ofa party's testimonial evidence In all the criminal cases, Is the offended party: PEOPLE OF THE PHILIPPINES Killing 2 minor less than 12 years old: HOMICIDE; itis the killng of the child of tender years that makes the kiling MURDER (Reyes, The Revised Penal Code, 16" Ed., 2006, p. 471; citing People v. Valerio, Jr, No. L-4116, February 25, 11982, 112 SCRA 231); child of tender years - below 7 years old (The second paragraph of Article 213 of the Family Code) Jurisdiction of Municipal Trial Court - ‘© Exclusive original jurisdiction over all violations of city or municipal ordinances committed within thelr respective teritoral jurisdiction; ‘© Exclusive original jurisdiction over all offenses punishable with impriconment not exceeding 6 years, regardless of the fine or other accessory penalties and civil liability; ‘© Offenses involving damage to property through 212. 13. 14. us. 116. 17. 118. 119. 120. art8l_ 6 Revi CENTER * _Incases where the only penalty provided by law isa fine, it has exclusive jurisdiction over offences punishable by fine not exceeding P4000; ‘* In clecion offenses, cases involving failure to register orfailure to vote; end ‘+ Special jurisdiction to hear and decide petiioners for a writ of habeas corpus or application for ball in the province or city where the RTC judge is absent Curry deprived Paul of his liberty. Curry is @ private individual, Paul is a government employee. The investigation revealed that deprivation of liberty is wehout legal ground and the purpose of Cuny is to bring Paul to proper authorities. What is the crime committed by Cury? UNLAWFUL ARREST If you'e a police officer, what is your advice if the offense is less than one year and the two parties are in the same barangay? ADVICE TO SETTLE ONLY IN BARANGAY. Sources of criminal law: a. Special Penal Law, b. Ordinances, c Revised Penal Code; note: RESOLUTION - not iced Piracy under At. 122 of RPC: committed in Philippine waters ard High Seas; offender: OUTSIDER ofthe vessel; NOTE: By PD 522, piracy under Art. 122 of RPC ie applicable on the High Seas. It is Considered as the most reliable type of evidence because it cannot lie: OBJECT EVIDENCE Grounds for Motion to Quash: + That the facts charged do not constitute an offense; That the court trying the case has no jurisdiction over the offense charged; ‘| That the court trying the case has no jurisdiction over, the person of the accused; "That the officer who filed had no authority to do £0; ‘That it does not conform substantially to the prescribed form; | That more than one offence is charged except when 2 single punishment for various offenses is prescribed by law; = That the criminal action or lability has been extinguished; "That it contains averments which, if true, would constitute a legal excuse or justification; and + That the accused has been previously convicted or acquitted of the offense charged, or the case against him was dismissed or otherwise termnated wihout his vores consent. It's one where the purpose of the offender in performing an act NOT CERTAIN: INDETERMINATE OFFENSE When can there be a special complex crime of robbery with hmicde? *...when by reason or on occasion of the robbery, the crime of homicide shall have been committed.” How can suocessive penaty be applied? GR: When the culprit has to serve two or more penalties, he shall serve them SIMULTANEOUSLY if the nature of the penalties will so permit, ER: If nature of penalties will not permit SIMULTANEOUSLY, the penalties shall be executed ‘SUCCESSIVELY: the informationCais) (J? 3. Reclusion temporal, 4. Prision mayor, S. Prisioncorreccional, 6. Arresto mayor, 7. Arrestomenor, 8. Destierro, Perpetual absowte disqualification, 10 Temporal absolute disqualification. 111. Suspension from publ office, the right to vote and be Voted for, the right to follow a profession or calling, and 12. Public censure. 121. Prescribed period for the fling of case against the suspect who was arrested without warrant: © twelve (12) hours for crimes or offenses punishable by Hight penalties, or their equivalent; © Siahteen (18) hours, for crimes or offenses punishable by ‘correctional penalties, or their equivalent and + thintv-six G6) hours, for crimes, or offenses punishable by afflictive or capital penalties, or their equivalent. 122, Mearing of CORPUS DELICTI - a. body or substance of the offense; b. the actual commission of the crime charged; c. the substance of the crime; d. the fact that a crime has actually been committed. 123. The accused was charged in a case that happened a long time ago. Despite knowledge or discovery of the said case, the complainant recently filed the case. What remedy should the accused do in order to move for the dismissal of the case fled against him? That the criminal action or liability has been. ‘extinguished. Instances when presence of accused is required by law: ‘© atarraignmentand plea, whether of innocence or of guilt; © during trial, whenever necessay for identification purposes: and ‘© at the promulgation of sentence unless itis for a Eoht offense, in which case, theaccused may appear by counsel or representative, 125.Rebuttal Evidence - Evidence produced by a party to ‘oppose or disprove the evidence presented by his/her opponent is referred to as “rebuttal evidence” or “rebutting evidence.” Evidence offered to disprove or contradict the evidence presented by an opposing party. 125, Surrebuttal Evidence - the response to the rebuttal evidence. 127. ORDER OF EXAMINATION - ‘Direct examination by the proponent, ‘© Cross-examination by the opponent, Re-direct examination by the proponent, Re-cross examination by the opponent ‘ORDER OF PRESENTATION OF EVIDENCE ~ Presentation of Evidence in Chief by the Plaintif, Presentation of Evidence in Chief by the Defendant, Presentation of Rebuttal Evidence by the Plaintif, Presentation of Sur rebuttal Evidence by the Defendant Acknowledgment of guilt - JUDICIAL CONFESSION Elements of Dying Declaration: ‘© That death is imminent and the dedarant is conscious of that fact; 128, art8l_ 6 Revi CENTER ‘* That the declaration relates to facts which the victim is ‘competent to testify to; and ‘© That the declaration is offered in a case wherein the declarent’s| death ic the gublect of the inguity. 131. Public Officer or Employee: Salary Grade 27 - under the Jurisdiction of SANDIGANBAYAN 12.Mother seling a callphone stolen by son: ACCESSORIES (profiting from the effects of the crime) 133. Carnal knowledge ~ COITUS or COITION 134, What is the process so that the prosecutor may be able to determine whether or not to prepare an. information. or compleint? PRELIMINARY INVESTIGATION 135.Under the rules of court, when is the instance when the defense may be able to present its surrebuttal? After the prosecution has presented the REBUTTAL EVIDENCE. 136. _ Intheft, corpus delicti has two elements, namely: ‘© that the property was lost by the owner, and ‘¢ that itwas lost by felonious taking. 137. _Ina fire incident, fireman breaks glass. Is he liable? NO 138. Testimonial evidence must be based on PERSONAL KNOWLEDGE. 139. Development of a Crime: ‘¢ Internal Acts - intent and plans; usually not punishable; * External Acts - (© Preparatory Act - Acts tending toward the crime; © Acts of Execution - acts directly connected to the crime 140.Alterative Circumstances (Art. 15) - RIDIE: Rebtionship, Intoxication, Degree of instruction & Education Criminal Jurisdiction: ‘* Jurisdiction over the Subject Matter; ‘* Jurisdiction over the Person of the Accused; and ‘* Jurisdiction over the Territory 142.2gnorantia Legis Non Excusat — ignoranc: of the law excuses no one; offender is lable; Aberratio Ictus ~ mistake inthe blow; offender is ale; Error in Personae - mistake in identity; offender is liable; Mistake of Fact - 0 misapprehension fact which would havebeen true had the facts been as he believed them to be. 143.When the court has the jurisdiction over the persen of the accused, he shall be set on ARRAIGNMENT. 144A Flipino kiled a Chinese on board the vessel bearing the flag of Mexico while the vessel was within the Philippine territory Philippine criminal law applies. 145.Praeter Intentionem ~ injurious result is greater than that intended; lack of intention to commit 50 grave a wrong 146.Aecomplice — those persons who, not being jnduded in principals, cooperate in the execution of the offense by ‘previous cr Simultaneous acts. ‘A.aw whichis unfavorable to the accused is UNCONSTITUTIONAL. 148. RELEVANT EVIDENCE - réated to the issue by reason of ccomman sense or logic G.R.: Complaint or Information ~ MUST charge 1 offense; es 141. 147. 149.z art8l_ 6 Revi CENTER (J? © copy of original, ‘+ rectal of contents of document in some authentic document, © testimony of witnesses 151.Adultery can also be charged to @ man who engages carnal knowledge to a woman knowing her to be married. 152.After the search, the officer should do INVENTORY OF THE EVIDENCE SEIZED UNDER OATH. 153.Special Complex Crime of Robbery with Homicide ~ “by reason or on occasion of robbery, the crime of homicide shall have been committed.” 154. Limitations of the power of Congress to enact penal laws: * NoEx Post Facto Law, ‘© NoBillof Attainder, ‘© Excessive Fines or Unusual Punishments, ‘+ Law Must Be General in Application 155.When should the search warrant be executed? If possible, it should be executed during the DAYTIME. But in certain cases, such ac when the things seized are mobile o are in the person of the accused, i canbe served during NIGHTTIME. 156.Validity of Search Warrant - 10 days. After which: police officer should make a RETURN to the judge who issued it, 157.Factum Probandum — ultimate fact to be proven, or the proposition to be established; remember the U in probandum and the U in ultimate. 158.Factum Probans ~ evidentiary facts by which the factum pprobandum will be proved. Remember the sound of $ in probans and evidence. 159.Private Crimes — crimes which cannot be prosecuted without the complaint fled by private offended party: © ADULTERY & CONCUBINAGE - complsint by the offended spouse against both guity parties if both are alive, provided there was no prior consent or pardon; ‘© Acts of Lasciviousness & Abduction — complaint is both exclusive and successive: © victim or offended party, © parent, © grandparent, © guardian, © state as parens patriae Grounds for Motion to Quash ‘© facts charged don't constitute an offense; ‘© court —no jurisdiction over the offense & person of the accused; '* officer Fling information —no authority te do so; ‘© complaint/information — not conforming substantially with prescribed form; ‘© more than 1 offense is charged; ‘© criminal action/lability — extinguished; ‘© _averments legal excuse or justifications; © double jeopardy Bail, a matter of right; exception ‘© before or after conviction MTC, & ‘+ before conviction by the RTC an cffense not punishable by death, reclusion perpetua, o life imprisonment. 162.Bail, when discretionary — upon conviction by the RTC of 160. limprisenment. 163. COMPLEX CRIME — © compound crime - when a sngle act constitutes 2 or more grave or less grave felonies; ‘© complex proper — when an offense isa necessary means of cemnmitting the other. Offer of Compromise in Criminal Cases - GAR: Offer of Compromise by the Accused - Implied ‘Admission of Guilt: E.R. Offer of Compromise by the Accused ~ Not Implied ‘Admission of Guilt - (© quast-ffenses (criminal negligence), (© those allowed by law to be compromised Misprision of Treason - by nature constitutes 2s OMISSION 166. Parricide ~ ‘¢ spouses ~ relationship must be LEGITIMATE, ‘+ parentys, cild - relationship: LEGITIMATE or ILLEGITIMATE, ‘* grandparent vs, child = relationship must be LEGITIMATE. 167.1 person is valdly errested, the courthas jurisdiction over the accused. 168.Mala In Se — wrong in its very nature; usually punished in RPC; intent is essential; Mala Prohibita - becomes wrong because of aw prohisting it: usually punished in Special Law: intent is not needed 164. 165. 195. Types of Conspiracy - © Conspiracy to Commit a Felony - purished only upon a Jaw providing punishment: remember TRICSM; © Conspiracy asa Means of Incurring Criminal Liability — not 2felony in itself but as 2 way to determine the degree of, participation of offender. NOTE: TRICSM —Treason, Rebellion, Insurrection, Coup d'etat, ‘Sedtion, and Monopolies and Combinations in Restraint of Trade 1%, DOUBLE JEOPARDY - perilinnhichapersonisplacedwhenheis regularlychargedwithacrimebeforea tritunalproperlyorgarized andcompetenttotryhim; conceptofcriminallawthatapersonmay not be convicted twice of the same offense. 177. Elements of Res Gestae- ‘* startiing occurrence, ‘+ statement-relating to circumstances of zarting occurrence, ‘* statement -spontaneous 178. Means of CemmittingRobbery — ‘* violence against or intimidation of persons (VAIP), ‘* force upon things (FUT) 11, Art. 125 —Delay in the delivery of the detained person to proper judicial authorities — meaning: failure to file case within prescribed period: 12-18-36; 3 days interrorism 180. General Warrant ~ 2 warrant providing 2 law-enforcement officer with broad discretion or authority t search and seze unspecified places or persons. It lacks a sufficiently ppatticlarized description ofthe person or thing to be seized or the place tobe searched. 181. Public Documents - '* The written official acts, or records of the offical acts of the sovereign authority, official bodies and tribunals, and Public officers, whether of the Philppines, or of a foreignCais) (J? ‘and testamerts, and. Publicrecerds, kept i thePhilippins, of private documents required by law tobe entered therein. 1182.PO1 Palautog entered the house of Baltahotog even with the signage of "Don't Mind the Dog, but Beware of the Owner” and without consent. VIOLATION OF DOMICILE; ifentenry i in hot pursuit operation -PO1 Palautog: NOT LIABLE;ifPalautogis private individual-TRESPASS TO DWELLING; ifPO1 hasalready entered (not against the will of the owner), searched without consent - VIOLATION OF DOMICILE 183, ANCIENT DOCUMENTS - more than 30 ys old; authentication net necessary 184, Elements of Perjury- © accusedmade statement under oath or executed affidavit upon material matter; ‘statement or affidavit - made before competent officer, authorized to receive & administer oath; © instatementoraffidavit-accusedmadewilful& deliberate assertion offalsehood; ‘+ sworn statement or affidavitcontaining falsty isrequired by law or made fora legal purpose. 185. Evidence - means sanctioned by the Rules of Court of ascertaininginajudicalproceedingthetruthrespectingamatterof fact. 186. Bill of Attainder — punishment withouttrial 187. Dying Declaration - ante mortem statements made by person after mortal wound has been inflicted under belief that death is certain, stating fact concerning cause of and circumstances surrounding attack. 188. Common Law Crimes ~ bodyof principles, usages and rules of action, which do not rest for their authority upen any express and, positive declaration ofthe will ofthe legisature. 189, EXTRA-JUDICIAL CONFESSION ~ confession made out of court, androtasa part ofa judicial examination orinvesigation. Sucha confessionmustbecorroboratedbysome other proofotthe corpus delict, or else iis insufficient to warrant a conviction. 190. TLLEGAL DISCHARGE OF FIREARMS ~ if firearm (being Pointedat any person)is discharged but theres nointesttokil, 191.Police Officer forgot the environment and crcumstances regarding the arrest duringtral: may be allowed by the court toread notes or memorandum 1192."Stand ground when inthe right” The person attacked ‘must retreat but must fight back when caught by his aggressor. 193. 1. MUTINY: Passenaers or crew members of vessel 2. PIRACY: Strangers of vessel 194.A helped B to commit crime of theft. Without A, crime would not have been committed. A ~ principal by indispensable ‘cooperation 195.2, Sinale crime. b. Series of acts. c. Arising from single criminal resolution = CONTINUING CRIME 1196.ABORTION: offender - MATERNAL GRANDPARENTS given MITIGATING CIRCUMSTANCES. Reason for Abortion: CONCEALMENT OF DISHONOR 1197.ABSOLUTORY CAUSE. Same eect wth EXEMPTING: Ex. MISTAKE OF FACT 1198.ACCESSORY: 1+ Type can be charged also for violation of ANTI- FENCING art8l_ 6 Revi CENTER GUILTY" forhimyner. 200. ACT—NOTessentiallywrong bynature-MALA PROHIBITA 201. Aggravating circumstance that APPLIES TO ALL CRIMES — GENERIC AGGRAVATING 202. Allegation in CONPLAINT/INFORMATION: PLACE whereoffense was committed determines the VENUE. 203. Amendment of Complaint or Information - with leave of court EVEN BEFORE ARRAIGNMENT. 1. Downgrades offense higher to lower offense; 2. Excludes any accused 204.Arraignment ~ accused REFUSES to enter PLEA. PLEA OF NOT GUILTY 205. Authentication of private document NOT required~ More than 30 yrs old 206.Authorized to conduct PI. THING TO REMEMBER: only PROSECUTOR or PROSECUTORIAL BODY - ALLOWED ‘TO.CONDUCT PI 207.BARANGAY CHAIRMAN detsing WITHOUT LEGAL GROUND (strong suspicion only) @ person. BARANGAY CHAIRMAN: lable for ARBITRARY DETENTION 208. Beng DEAF & DUMB is NOT aggravating circumstance; it s MITIGATING CIRCUMSTANCE. 209, BEST EVIDENCE RULE - To prove CONTENTS of document, ORIGINAL must be presented. 210. BEST EVIDENCE RULE - Wrat evidence isto be submitted; ORIGINAL DOCUMENT 211. Cannot issue WA. FISCAL orPROSECUTOR 212.Characterstics of Criminal Law — apples to ALL persons. GENERALITY 213. Complaint or Information may be filed without PRELIMINARY INVESTIGATION if - There is INQUEST INVESTIGATION or PROCEEDINGS: 214. Conducts preliminary investigation on PUBLIC OFFICERSand ENPLOYEES~ OFFICE OF OMBUDSMAN 215. CONSPIRACY: inferred from acts of accused persensthemselves when such acts point to: 2. joint purpose and design, b. concerted action, and c. community of INTERESTS. 216. Coaperates in EXECUTION of OFFENSE by SIMULTANEOUS or PREVIOUS acts ACCOMPLICE 247.CORPUS DELICTI - 1. BODY OF PERSON WHO IS AVICTIM OF HOMICIDE OR MURDER; 2. BODY OR SUBSTANCE (OF THE CRIME 218. CRIME ~ on board US WARSHIP in Philipine waters. THE PHILIPPINE CRIMINAL LAW SHALL NOT BE ‘APPLICABLE. 219. CRIME-outside Philippine territary; NOT tiablein Pilippines ~ Reason: TERRITORIAL in CHARACTER 220. Crme of Camapping: Where fled? In place where any of ts initial elements are committed 221. CRIME: ‘commission oft, or act 2. OMISSION 222. Criminal Law ~ applicable for vidlation outside of Philippine territory; EXTRATERRITORIALITY 223.CRIMINAL LAWS ~ construed liberaly in favor of the eccused — Principle Behind - THE ACCUSED IS PRESUMED INNOCENT UNTIL PROVEN GUILTY 224,DEVT OF CRIME — NOT PUNISHABLE - 1, INTERNAL ACTS TOCais) (J? 228, _DISPUTABLEPRESUMPTION~PRESUMPTIONJURISTANTUM ‘226.ELEMENTS OF DYING DECLARATION: EXCEPT THE DECLARATION IS IN CONNECTION WITH STARTLING OCCURRENCE OR EQUIVOCAL ACTIONS 227. Evidence proving the same point but of diffeRent kind coRRoboRative EVIDENCE 228. Flipino killed Chinese on board vessel bearing flag of Mevico while vessel in Philippine waters.PHILIPPINE CRIMINAL LAW APPLICABLE 229, HABITUAL DELINQUENCY LAW: protects SOCIETY. 230, Highest in Hierarchy of Evidence - REAL EVIDENCE 231, Ifoffendersare completely wanting in DISCERNNENTatthe time of the commission ofthe offence, they are EXEMPTED. 232.Impeachable Testimony of Witness, EXCEPT - EVIDENCE OF WITNESS WRONGFUL ACTS - 1. General reputation of witness for truth, honesty or integrity is bad, 2. Witness hhas made at other times statements inconsistent with his present testimony, 3. Contradictory evidence 233. _IMPRUDENCES NEGLIGENCE. Are they consideredascime? YES 234, In Manila & CHARTERED CITIES: fling of complaint with the Office of thePROSECUTOR. ‘235.INDEPENDENT RELEVANT EVIDENCE - Admitted in Court. Reason: TO SHOW THAT A CERTAIN FACT OCCURRED, WHETHER TRUE OR NOT 2236, INDIRECT BRIBERY. RECEIVES CONSIDERATION BECAUSE OF HIS OFFICE 237. _Indspensable(carnot dowithout)inMALAINSE-INTENT 238, Intellectual Property -Republic Act 8293 238, Jurdiction overthe SUBJECT MATTER is CONFERRED BY LAW. 240. KILLING—withntenttokil; shooting person BELIEVINGHIMTO BE HISTARGET butactuallykiling ancther. ERROR INPERSONAE 241. LAW~declares person culty ofcriminallaw WITHOUT BENEFIT OF DUE TRIAL/HEARING. BILL OF ATTAINDER AW Increases penaty than lan of same crime when it was committed - EX POST FACTO LAW 243. Legislative Acs: prohibit certainacts& establish penalties for their violation -PENAL LAWS ‘244, MISAPPROPRIATION - OFFENDER — public officer orprvate ppetson; NATURE OF FUND - public. MALVERSATION longer confinement of offender 2a. 245, MOTION TO QUASH: aleged defect incompaintorinformation. COURT shallorder its AMENDMENT. 246, MOTIVEisNOTELEMENT OF FELONIES 24], MOTIVE. IMPORTANT evdence oncommission of crimes purely circumstantialor inconclusive 248, Name of Clerk of Court isnot considered in determining SUFFICIENCY OFINFORMATION. 248, Nature of cout martial ceedings. CRIMINAL 250. NOAPPEAL —judgrent of conviction becomes rafter 15 DAYS FROM ITSPROMULGATION. 251. NO Preliminary Investigation — LESS THAN 4yrs- 2mos-iday 252. NOTELEMENT OF FRUSTRATED STAGE. SPONTANEOUS DESISTANCE 253. NOT essentially wrong by nature, but declared criminal for regulatorypurposesand for publicconvenience. MALAPROHIBITA 254,NOT Justitying Groumstance ~ ACCIDENT: 1. Self- Defense, 2. Defense of Relative, 3. Defense of Stranger, 4. Avoidance of Greater art8l_ 6 Revi CENTER of right or office, 6. Obedience to order issued by superior for some lawful purpose 255.NOT legal ground for detention - Illegal Aliens: 1. Has committed crime, 2. Suffering from violent insanity, 3. Compulsory confinement to hospital 256.Not requisite of DYING DECARATION © — STARTLING OCCURRENCE 257. Offender — parent; victim ~ child less than 3 days old. INFANTICIDE 258. OneofESSENTIAFLEMENTSOFINFANTICIDE-LESSthan 3DAYS ‘OLD 259. Orewhohabituallyassociateswith prostitutesisNOT ncluced in the term VAGRANTS, 260.PARDON by Chief Executive EXTENDS ONLY TO CRIMINAL LIABILITY 261.Penal law-— ALWAYS prospectiveinits application -FALSE: it may also be given retroactive effect if (1) favorable to accused, (2) accused - not habitual delinquent Penalty of Crme.- exceeds 6 yrs; PROVISIONAL DISMISSAL — PERMANENT AFTER 2 YRS FROM ISSUANCE OF ORDER OF COURT 263. Penaltyof Crime: 6 yrs 1 day IMPRISONMENT; Disqualified for PROBATION 264. Penalty: CAPITAL OFFENSE GRAVE FELONY 265.Person — being detained NOT EXCEEDING 3 DAYS: SLIGHT DETENTION. Offender — PRIVATEINDIVIDUAL 266.PIRACY ~ triable anywhere in world - Yes, since piracy is considered a crime against humanity 20. 267.PLEA-BARGAINING ~ complainant NOT present ~ NOT VALID — even if complainant is duly notified & evenif offense is necessarily included in crime charge. 268.Plurality of Crime 2. Continued crime b. Transitory crime G Special Complex Crime 269.POSITIVISTIG/REALISTIC THEORY: penalty to be imposed on convict for the purpose of REFORMING OR REHABILITATION of the convict 270. _Preliminarylnvestigation determines PROBABLE CAUSE. 271. Prescription of Crime: LIFEIMPRISONMENT -20 yrs 272. Prescription Crimes: CORRECTIONAL PENALTIES 10 YEARS 273.PRESUMPTION - CONCLUSIVE PRESUMPTION — PRESUMPTION JURIS ET DE JURE; DISPUTABLE PRESUMPTION — PRESUMPTION JURIS TANTUM 204, PRETRIAL CONFERENCE in criminal cases: MANDATORY; purpose: to EXPEDITE proceedings (tial) 275. Proof Beyond Reasonable Doubt - DEGREES OF PROOF THAT PRODUCES CONVICTION NAN UNPREJUDICEDMIND. 276.Prosecttor ~ WORK OUT in dspostion of case; ACCUSED: pleads guilty to lesser offense in exchange for lighter penalty. PLEA- BARGAINING Public Officer: FAILURE to doacthe/she oughtto PERFORM — NONFEASANCE 278. Quantum of Proof: Conviction in criminal case. PROOF BEYOND REASONABLE DOUBT 273. Republic Act4200 punishes WIRE-TAPPING. ‘280.RESTRAINING to prosecute IN CONSIDERATION OF FRICEOR GIFT; CCRIME involved ~ punishable by Reclsion Perpetuaand/or Death. QUALIFIED BRIBERY RetroactivityofCriminalLaw. 1. Favorabletoaccused: 2. Accused 2m. 281.Cais) (J? RIGHT TO APPEAL STATUTORY RIGHT Rightto PRELIMINARY INVESTIGATION~ SUBSTANTIVE RIGHT 284.Rights of Accused, EXCEPT - Allow conference or visits by any member of his immediate family, etc. 1. To testify as a witness in his own behalf, 2. To be present and defend in person & by counsel at all times, 3. To be presumed innocent until proven guilty Search warrants issued by courts of law ALWAYS issued in the name of PEOPLE OF THE PHILIPPINES. ‘SEXUAL ASSAULT. OBJECTOR INSTRUMENT that was inserted; PART OF THE BODY where it was inserted. SIMILAR ACTS AS EVIDENCE. EVIDENCE OF PREVIOUS CONDUCT RULE Solemn & formal declaration or assertion that witness wil tell the truth -AFFIRMATION ‘SPONTANEQUS DESISTANCE -NOT an elementof frustrated crime, Statement of Declarant. relates to surrounding circumstances of his death, b. exemption to hearsay rule DYING DECLARATION ‘291.SUBJECT TO AGREEMENT by BOTH PARTIES in CIVIL CASE but NOT in CRIMINAL CASES JURISDICTION 292.Testimony of Child of Tender IF qualification ofchildas.awitness isestablished 293. The accessory under the RPC, par. 1, may be charged also for Vioiation of __ ANTI-FENCING 24, The written record of court proceedings - TRANSCRIPT OF RECORDS 298, WEIGHT oF EVIDENCE: State's evidenceisequalwiththe evidence ofaccused. Case sallbe resoved in favor of ACCUSED. Who are accessories to the ime? Those who take’ part ‘SUBSEQUENT to its commission. 297.Who is rot AUTHORIZED to conduct PRELIMINARY INVESTIGATION? JUDGES ten agreement, PAROLEVIDENCERULEFactum Probandum = Ultimate Fact; Factum Probans - Evidentiary Fact(Evicence) NOTE: ‘Sin probans sounds alike with evidence. 282. 283, 288. 226, 287 288. 288. 290. Age Admitted 296. 298, 299, Mock Serenade ~ CHARIVARI: ALARMS & SCANDALS. 300. Offender — parent; victim — child less than 3 days old INFANTICIDE 301, _ INSANITY &IMBECILITY-EXEMPTING (CIRCUMSTANCES SITUATION: Alden committed cimeagainstCARDO. CARDO wentstofile 2 case against ALDEN. CARDO wanted tofind outwhich proper office should the case be flled, 302.Crime committed by ALDEN ~ Prision Mayor; committed in Metro Manila - Filed: OFFICE OF CITY PROSECUTOR FOR PRELIMINARY INVESTIGATION 303.Crime committed by ALDEN ~ 4 yrs, 2 mos; committed in Metro Manila -Filed: OFFICE OF CITY PROSECUTOR CCrime committed by ALDEN 4 yr, 2mes; committed in Province — MUNICIPAL TRIAL COURT 30, art8l_ 6 Revi CENTER Proceedings Crime committed by ALDEN NOT exceeding 1 yr& warrantless arrest was made ~ MUNICIPAL TRIAL COURT 306, SITUATION: LEA, daughter of AMOR. LEA has in her possession the cellphone of YAYADUB '307.LEA actually stole cellphone of YAYADUB; AMOR — sold knowing it to bestolen - ACCESSORY '308.LEA found caliphone but dd not return itto owner, Amor sold thesame knowing tobe unreturnedlostcellpnone— ACCESSORY AMOR burned cellphone so there will be no evidence of theft.ACCESSORY 310.LEA stele cellphone; AMOR, auntie of LEA, sold ceiphore to TIDORA. ACCESSORY CCriminal Liability of TIDORA~ LIABLE: ANTI-FENCING Law 30, 3a. SITUATION: ADOR entered the house of EDUARDO. EDUARDO cbjected to the entry of ADOR. 312. ADOR - police officer; DOOR house. VIOLATION OF DOMICILE 343.ADOR - police officer; running after suspect criminal; entered housewithoutconsentofEDUARDO. NOTLIABLE forany crime ashe is in the performance of his duty 314,ADOR = private person; enterec house without consent - LIABLE FOR TRESPASS TO DWELLING 315.ADOR - police officer; entered house through open door; Eduardosawhim.Eduardobusy watching baxingin TV;ignored entry ‘of ADOR - NOT CRIMINALLY LIABLE for ANY CRIME. 316.ADOR - polce officer; Eduardo fully aware but ignored ADOR; ‘ADOR - look for papers & effects without EDUARDO'S consent ~ LIABLE for violation of domicile because he searched without consent of EDUARDO no entry;” ADOR entered SITUATION: CARDO - investigator; ALDEN ~ suspect. PASTILLAS victim with stab wounds. CRIME committed - theorized to be HOMICIDE. BI7.Evdence gathered by CARDO - scene.ADMISSIBILITY OF .38 Cal. FOR BEING IRRELEVANT $318.£vidence gathered by CARDO chen knife. ADMISSIBILITY OF KITCHEN KNIFE: ADMISSIBLE AS IT IS RELEVANT 319.Evdence gathered by CARDO - .38 cl. & duly registered. CARDO gathered evidence to prove thatsame was unianuly possessed by ALDEN -ADMISSIBLE AS IT 1S MATERIAL 320.Evidence gathered by CARDO ~ ADMISSION voluntary given by ALDEN duringinvestigation. CARDO netinforming of isrightsbefore questioningNOT ADMISSIBLE FOR BEING INCOMPETENT 324.Evidence gethered by CARDO ~ ID card of ALDEN let at crime scene. ADMISSIBILITY OF ID CARD: ADMISSIBLE AS IT WILL HELP ESTABLISH IDENTITY OF SUSPECT 322 Can file complaint ~ (a) offended party, (b) peace officer; (c) public ofcer(awenforcer) 323, Elements of Malidous Mischief: (a) ofendor deliberately caused deeceertncermenirntanetice: () emcameceecd did entrant 38 cal, found in cime NOT ADMISSIBLECais) (J? maliciously by the offencer. Elements of Homicide: (a) person is killed: (b) accused killed him without any justifying circumstances; (c) accused had the intention to Kill, which is presumed; & (4) kiling was not attended by any of qualifying circumstances of murder, or by thet of parricide or infanticide. 325, Judicial notice: facts already known or ought by judges; cognizance of matters — without need of introducing evidence; mmattersas fects -no evidence ofthek existence 326. _Rebellion-not crimeagainstnationalsecurity by public order 327. Elements of Malicious Mischief: Always remember that & is intentional. Look for word: deliterately. The word inadvertently is tighly inconsistent wit the cime of malicious mischief. Inadvertently means without ‘knowledge or intention. Malicious means marked by deep ill will: deliberately harmful 328. Forgery — crimes against public interest. not ciime committed by public officers 329.Forsearchtobe consideredasanincident the arrest, it must be made at the place where the: Arrest was effected 330.When evidence is presented to vary the terms of a written agreement, there isthe —applicetion of the evidence rule: Parol 324, 331. Documentary evidence: Documents as evidence consist of writings or any material containing letters, words, numbers, figures, symbols or other modes of written expressions offered a8 proof of their contents. 332, Best Evidence Rule: abcut contents of documents 333 Parol Evidence Rule: about agreement i vrting 334, Rights of Witness doesnot include right to remain silent. 335. Accessory (helping escape of principal) to infanticide: not punishable ‘Accessory referred to here refers to person who harbors, conceals, orasistsin escapeor principals of crime of PMATH Parricide, Murder, Attempt to Take the Life ofthe Chief Executive, Treason, Habitually Guilty of Some Other Crimes 336, Falsification snot private crime; may beproseouted by persons other than offendedparty 337.Questions alowed to be asked to witness wha is unwiling to testify: Leading Leading questions are alowed of an unwilling or hostile witness, (ee 10(d}, Rule 132, RRE) Hostile witness: one who testifieson a material matter Unfavorable to the party who calls him, ‘Adverse witness: one called by or associatedwiththe opposina party. '338,Scence involving techrical knowedge about traces of crime is known as: ForensicScience 339. Coup d'etat: R.A 6968 340, Movement of the offender is restricted: not aggravating circumstance 341. Sandiganbayan: co-equalto Court of Appeals 342. Prematuremartiage:notcrimeagzinsthonor 343, Things to be used for escaping: not included among properties may be taken by the officer effecting the arrest 344, Sexual harassment (REPUBLIC ACT NO. 7877): not crime against chastity Cohabiting with another: nct element of BIGAMY art8l_ 6 Revi CENTER 347. Corroboratve — of different kind — key word: DIFFERENT; Cumulative of the same kind ~ key word: SAME 348. Evidence is given by written instruments are said to be: Documentary 349. Characteristic ofcriminal law that states that penallawbinds all persons residing or sojourring In tertory:Generallty 350, Name of the clerk of court: NOT required to be stated in ‘order that complaint or information may be sufficient 351. RA, 8049: Ant-Hazing Law 352.Incase of corporations, the criminal action isinstituted ar filed against: Officers of the corporation ‘Actual commission ofrimechargedisknownincriminallawas: Execution Effect of institution of criminal action on period of prescription’ Interrupted Judges of the MTC:Cannot conductpreliminary investigation 356.Judgment of the MTC under the rule on summary procedure shall: Be 357. Rulebased on spontaneity of statement: Res gestae 358.1F falsfication of a genuine document is committed in order to commit estafa, the proper crime for which the person should be charged is: Falsification 359.1FA shot B with intent to kil him but without hitting him, then desisted from fing again, he is: Liable for an attempted felony. 360, Illness that diminishes the exercise of will power: NOT an aggravating circumstance but mitigating. 353, 354, 355, 361. The methoctixedby aw for theapprehersion and prosecution of onewholechargedwithacriminaloffenseandferhisounishment i found quit is: Criminal procedure 362.Ptysical activities or deeds indicating the intention to commit a porticular cme is known as: overt acts 363. Fulfillment of duty: NOT mitigating circumstance but Justifying creumstance 364, Penalty: Suffering undergone by one who commits crime 365. _Snatching ischaracterizedby: Violence of persons 366.NOT an element of misprsion of treason: The offender is a foreigner 367. Nocompiaint involving any matter within the Iypon shall be fled Gitecty in court unless there has been a CONFRONTATION between parties before the lupon or pangkat. 368.The criminal action shal be insttuted and tried inthe court othe teritory where the offense was committed. 368. Whentheownerorcblyejectshislesseeforhisapartmentuni, he Liable for gravecoercion Under RP, ilegalassoiationsarethose which are organized for purposes: committing any of crimes punishable under RPC or for some purpose contrary to public morals. 371LA person who falls to render assistance to someone he has accidentally wounded or injured i lable for: Abandonment 372. Heating the decision: Not purpose of Pre-Trial 373.Evidence of colteral facts or circumstances from which an inferencemaybedravmastotheprobabiltyorimprobabilityofthe facts in ispute is: Circumstantial 30.Cais) (J? 374, Possession of goods, articles, items ranythingof value which has been object of thievery, or robbery is prima facie evidence of fencing, 375.1mputing to innocent person the commission of 2 crime constitutes: Incriminatory machination Testimony of witness - did not see suspect committing crim Negative. 377. No damage is caused to a third party: NOT element of infidelity in custody of offical decuments 378. Whendocrimes punishableby arrestomayor prescribe? Five 379, Delaying detention: notkind of arbitrary detention '380,WWhen are documentary evidences objected to? Upon their formal offer 381. When the law punishes the cime with 2 penalty that in its maximum period is correctional, there exists what we call less grave felonies. In attempted felony, subjective phase of the offense Slightphysicalinjuries alight offense, prescribesintwo months ‘384, Toprove beyond reasonable doubt theessential elementsf the offensewith which theaccused ischargedisonthe prosecution [fF aduplicitous complaint or information is filed, the remedy of the accused is toile a motion to: Quash 386, Aftzrrecording theproceedingsof atrial, thestenographer can make a transcriptthereot. 3817. Byconspiracy& participation, onemaybeliablefortheactof the other. 388,Stop and frisk: includedinallovablesearchandsebure without warrant. MANALILI V. COURT OF APPEALS - 280 SCRA 400 389, HOMICIDE & ILLEGAL POSSESSION OF FIREARMS: Not correct charge. 390, R.A.8294: IlegalPossession of Frearms '391.For search tobe considered incident of theatres, itshould be made at the place where the: Arrest was effected ‘Name of the court: Not included inrequirement of ‘complaint or information. 393. The original document is available if offeror produces jot a requisite for presentation of secondary evidence. 394,Prosecutor reeling sum of money in return for refraining to prosecute crime where imposable penalty is Reclusion Perpetu Qualified bribery Ball (S @ matter of discretion upon conviction by RTC of offense not punishable by death, reclusion perpetua, or life Imprisonment '396.The quality of evidence necessary fora court to affirm a decision of anadministrativebody. tis more popularly known as substantial evidence: Quantum of evidence '397.The robbers enter the house. Upon entering through the window, oneoftherobberssteppedonandkilleda cildlessthan 3 daysold ‘The crime is:Robbery with homicide 398.The existence of a valid prejudiciel question mey ceuse the suspension of thetrial Whats the law on lethal injection? RA 8177 RevisedPenal Code tookeflect on January 1, 1932 316, 382 the dffender never passes the 383, 288. 300. 395, 399, 400. art8l_ 6 Revi CENTER passenger, shall seize whole or part ofthe cargo of said vessel, ts equipment cr personal belongings of ts compliment or passengers: Piracy 402. Ifa person possessed iterrs, gcods or anything of value and was, derived from robbery or thievery. Itisa nindication of prima facie of fencing. 4B. BP 22not a continuingcrime. 404, hatkndofevidenceisgivenbyawitnesswhichstatesthathe did nct see/know whether a crime was committed? Negative 405. The av creating Dangerous Drug Board in the Philippines s: 6425, 406. Themetion forleaveofcourttofiedemurertoevidenceshallbe filed within 5days. 407. The Anti- Wiretapping Law: RA4200 408. Abortion: not physical injury 409. hosekind ofevidenceaddressedtothe sensesofthetribunal: Real 410. Thisisrecordmade by the stenographer: Transcript ‘411. Evidence of the same kind and character which tend to prove the ‘same proposition. Thiskind of evidence iscalled: Cumulative 412It is an object, testimony, document and any of its kind, sanctioned by the Rules of Court, of ascertaining to a jucicial proceeding the truth respecting the matter offact: Evidence ‘413. This kind of evidence tends to the probability or improbabilty of the fact inissuet Relevant 414. What isthe Law on Plunder Act? RA 7080 4415.This prove the fact in issue without ald or inference: Direct Evidence 416..f the material orpaper is offered only to prove its existence, itis: Real RA 1417.The writen confession of the accused, affidavits ef witness who have seen or having knowiedge in the commission of the kiling: Documentary evidence 418. Thelawon Anti—highway Robbery and Anti-Piracy: PD 532 ‘419.C2n any person, arrest the person who evades his sentence in prison? Yes. By citizen arrest. 42. Secured permission: nottrespassing AA1.Those who are not inclided as principal either by direct, lnducement, or indispensible cooperation, cooperate in the execution of the crime by previous or simultaneous means: ‘Accomplices ‘422.Those who having knowledge of the commission of offense and without having pattipated as principal or accomplices: Accessories .423.Kinds of aggravating circumstances which change the nature of an offense: Qualifying \Whattisthe quantum of evidencein determining the guiltof the accused in criminal offence ict Proof beyond reaconable doubt ‘425.A buried the corpse of B who was killed by his friend Y. And because ofthatittooktimefortheauthoritestodiccoverthecrime. What was the participation of Ain the crime? Accessories 426..tis an arrest that may be undertaken where the peace officer while on patrol, heard burst of gunfire; and thus proceed to Investigate the matter: Warrantless arrest How long the time that warrant of arrest is valid? Remain valid and effective until it is executed or returned, quashed, lifted, set aside or recalled. 8, a7.Cais) (J? be imposea?Reclusion Temporal 429, Ruffians: nat vagrant 430, Whatisthe lw on intellectual Property Crime?RA 8293 431. Best Evidence Rules applicable only on: Documentary 492. eRULE's the BEST EVIDENCE isthe ORGINAL WRITING. Tsis called as: Best EvidenceRule 433.Ths shall be in writing, in the name of the People of the Philippines and againstal persons who appear to be responsible for the offenseinvohed: Complaint of Information This an written accusation filed by the prosecutor in cout Information 435.4 sor writen statement charging a person with an offense ‘subscribed by the offended party, any peace officer, or public officer charge ofthe law violsted: Complaint ‘Whentheoftenderperformalltheactsof execution wich would preducethe felony consequence bt hich, revertheess, donot produce it by reason of causes independent in the will of the perpetrator: Frustrated felony 437. Those felonies which the law attaches the capital punishment wich in any oftheir periods ar affitive: Grave ‘Ais having long time rivalry wth 8. One day when A had a vacationin their province, 8 took opportunity going tothe ipa hutofAand he destroyed it. After damaging the Nira hutofA he carried te wood, postand heather materalsand brougttittohis home and ater thoughthowthecan be ofuseinhis house. Inthis istration, what was the cime committed by 8? Theft What destroyed the Nipa HutofAby burning it for purpose of defrauding or cause damage to A? Arson MatciousMischieis: Willful damaging of another's property for the sake of causing damage due to hate, ‘orother evil motive. 434, 436. 438. 438, 440, aa. 175. Withinhowmany daysfromrecepptshouldawarrantofarrest be executed? 10 days A suspected arsonist was caught. Evidence showed that he pouredgasolneunderthehouseofanctherandwasebouttostrike the match to set the house on fire when he was apprehended: ‘Attempted Arson 171, Apersonsentencedtodestierroshall notbepermitted toenter the place designated nor within the radius of less than 250 but ‘more than 25 km from the place designated. 4178.4 police officer performs his duty which ought not be done: malfeasance :179.A wasSpurnedor dejected by B, awoman.C, isthe landlady of the boardinghouse wnereB lived. ChappenedtoberrelativeofA. One day A talked to C, and C gave the duplicate key to A. A with a duplicate key opened theroom of Band then and there raped B. In this illuctration, Ale — Principal direct participation 176, 180, What is the participation C? Principal by Indispensable cooperation 181 Accessories: not liable in ight felonies, 1182. Who is offended partyin the crime ofintentional abortion? Fetus which may be over or less than 6 months 1183.Firng a gun agairst a house ofthe offended party at random, not knowing in what part of the house the people inside were, is only: ‘Alarms and scandal ‘Which ofthe ollowing acts punished in serious physical injury? Administering injurious eubstances “URS. If any nercon found a lost oronerty. fail to deliver to the local 184, art8l_ 6 Revi CENTER 442.Itic a legal remedy whereby a party seeks for a review bya superior court the judgement rendered by thetrial court: ‘Appeal ‘Apersoncanbesearchedevenwithoutsearch warrantifisdone after a lawful: Warrantless arrest ‘444.How rrany days that Preliminary Investigation is to be completed? 60 days 445, “Anime lucrandi"means: Intent to gain 445, Period of arraignment: 30 days fram date of jursdiction over person of accused 40, 447. Change nature of crime: Qualifying 448. RPC: Act 3815 4. Supreme Court Decision not source of criminallaw 450. Demurier toevidence: Insufficiency of evidence 451. Infanticide: time element is important 482. Alternative Circumstances: Considersnature &effects of cme 453. Justifying: No Criminal & GivilLiability 454. Composition of syndicate: at least 2 persons 455. Crime of result: Terrorism 456. Force upon things if not toEEFECT ENTRANCE: Theft .457.Group of two or more persons collaborating confederating, or ‘mutuallyaidingoneanotherfor purposesofgaininthecommission of any crime: Syndicate 458. Serious physical Injury is qualified if it is committed: With treachery or evident premeditation 459, Carrectionalpenalties prescribein: 10 years: 460. Thecrime oflibelis prescribes int 1 year ‘461. Improper performance of an act which might be lawfully don Misfeasance Battered Weman Syndrome: Justifying circumstances 462, 463.1t's a definite anc actual purpose to accomplisha particular goal. It snot presumed. Itsexistence asa matter of fact, must be proved by the state: SpecificIntent 464. Liable for Qualified Seduction: Brother who seduced a 30 year old sister whois a widow 465. _Kiling of a child exactly 3 days old is: Murder 466.Withinhowmanydaysfromreceiptshouldawarrantofarrestbe executed? 10 46]. Illegal use of uniforms: not crime agzinst public order 468. Prince, a civilian, noticed a heavy trafic in ClaroM. Recto Roac. To ‘ease the traffic, he started blowing his whistle and directed the flow of traffic. Freddie, a taxi driver ignored his step sign. Prince ‘approached the taxi diver’ license. Princes ible for what crme? Usurpation of Official Function X and ¥ are lovers. Their parents opposed their relationship because they areclose relatives. X and Y weredesperately inlove with each other. Theydecidedtokillthemselves and provetotheir parents that they loveeach other until death do they part. Armed with gun, Xand Y shoteach other. ¥ died but Xsurvived.Xisliable for: Giving assistance to suicide 47. Arson: Place of cimenecessary tobe established. 471, Cartography: Not means to commit libel .472.Prohibtions under the new Drugs law, RA 9165: (1) No plea bargaining, (2) No probation Dwelling: crime committed in dwelling f offended party fhemitie Tiatalis eee ieiaael eomeniond abies an, 44.Cais) (J? commission of a crime: Band 476.4, 8, C, and D, all armed with firearms went to X's house to kil him. After having pinpointed X’sroom, all four fired theirarmalite rifles and riddled the house of X with bullets itso happened that did not go home that night A, B, C, and D are liable for: Malicious Mischief Not accessorypenalty: Public censure Serious Physical Injury: if penis unintentionally cut off; Mutilation: if penis intentionally cut off 4479.Carmapping qualified wien the ovner, drive’ or passenger ofthe car Filled orRape Maltreatment of correction/nandling of prisones/detention of prisoner Essence of “coercion” ist Violence or Intimidation LUnderthelaw, children ages 16-17 arerotcrminelly lable unless they: acted with discernment an. 478, 488. Prisoners: overdoing in 483. Defense of prescription of crimeNOT be waived 484. _Loppingor clipping offsome essential organ for reproduction: Castration 485. Falsification requires DAMAGE 485, Fundamental Laws of the State: Violation of domicile 487. The required number of years of habitual delinquency: 10 years 488. Ascendant vs Descendant — if illegitimate relationship: killng is NOT PARRICIDE; iflegitimate relationship: killing is PARRICIDE, 489. Accessory takes part subsequent to THE CRIME. 490, Latin aliundemeans “another source and outsid 491. Husbandhaving sexualintercourse witha women nothiswife: concubinage 492. Branchof governmentthatenacis penallaw: The Legislative 493. Law that prohibitsimposition of death penaty in Philippines: R.A. 9346 4494, Asa witness during trial, you led to understané question, what will youdo? Request to repeat the question 4495.Law that authorizes re-imposition of death penalty in the Philippines in 1993:R.A. 7659 496. Ocular inspection without notice: NOT VALID. 497. Who decide curing theinguest proceeding? Prosecutor 498. fhomicdeormurderiscommittedwiththeuseofeanunlicensed firearm: UNLICENSED FIREARM ~ AGGRAVATING CIRCUMSTANCE 4499,Law that provides for aggravating circumstance in use of Unlicensed firearm in crimeof homicide or murder: R.A.8294 ‘Commutation of sentence and reduction of penalty isissued by Chief Executive Elements of bel: 500. 50. ‘© existence of malice ‘© identity of the person defamed ‘* imputation of a discreditable act or condition to ‘another ‘© publication of the imputation ‘Thearrestingofficerneed not have thewarrantiinhis possession at the time of the arrest '503.In criminal cases, the place or venue where the crime is 00. art8l_ 6 Revi CENTER 504 —_Duringpiracy, rape wes also committed: QUALIFIED PIRACY 505. Basis of GCTA:Behavior '506.Specialcomplexcrimeof KIDNAPPING WITH RAPE: regardless of how many times rape is committed. 507.MTC, NCTC, RTC, Court Appeals and Supreme Court: regular court 508. Evidence cannotbe walvedafterconviction andeven: appeal 509. May the right to present evidence be waived? Yes 510. Net necessary in Spedal Law: Intent S11LReacngincourtinlanguageknowntoaccused accustton ode agsinsthimts called Arraignment Effectof sel defense the killing: There ino criminal and civil lisitty. 513.Between recusion temporal and prison comecconal: Psion mayor S14.A person who hes the authority to protec ie and property and maintain peace and order is known as Agent of the person inauthority iS. Ivantcige: less 3 days S16. Howmany witnesses need inthe cimeof treason? 2 S17. Teking of SEMEN, URINE, SALIVA, BLOOD, ETC. NOT VIOLATION OF RIGHT AGAINST SELF- INCRIMINATION. 518, Buy bust Operation can beutilized in Drug Crimes 519. OthertermoftheAnt: Highway Robbery Law: Brigandage 520,When more than thee armed persins form band of ebbers for Durpose of ommitngrobberyinhighay, orkehapring persons for pUrposeofextortonortoobtainransomorforanyatherpurposeto beattanedby meansof face end volence: Brigands 512. 521. Subject matter of inquiry is contents of document: Best Evidence Rule 522. Testimony generally confined to personal knowledge: ‘Testimonial knowledge 523.Aggravating circumstance which has reference to means and ‘ways employed in commission of crime: Treachery 524. Due process: opportunity to be heard '525.Istherean instance where an accessory exempted from criminal liability? Ves Inthe absence ofthe judge, thebranch clerk court may hear simple case of unjust vexation: No 527. _ Inchildabuse cases, ishearsay rule applicable'n court? Yes 528. Indispensable fortheact tobe punishable as acrime: External Ad 525, 529. “exhibits” it means physical or documentary evidence 530. Conducts the direct examination: Proponent 531. People vs. Tomas Sr-paraffin test has been held tobe highly unreliable 532.Represents oeope in appellate courts If public prosecutor is nat allowed: Office of the Solicitor General 533.0ffender at time of his trial for one crime shall have been previously convicted by final judemert of another embraced in same tile of Revised Penal Code: Recidivism 524.Offender hes been previously punished for offense which law attachesequalorgreaterpenaltyorfortwoormoreciimestowhich it attaches lighter peralty: Repetition or reiteration53%, sa. Cais) (J? convictionof crimes of seriou or ss serious physicalinjures,r0b0, hutto,estafaorfalsification sfoundaultyofanyotsadcrimesthird time oroftener: Habitual delinquency ‘Anypersonwhoshallcommifelonyafterhavingbeenconicted byfinaljudgmentbeforebesinningto servesuchsentenceor while serving such sentence shall be purished by maximum period prescribed by law for new felory: Quastrecidivism {Is therea complex crime when crime is committed to conceal PART 2 CRIMINAL LAW & JURISPRUDENCE 1. “FRUIT OF THE POISONOUS TREE" is a doctrine in evidence which means that the evidence obtained is INADMISSIBLE. 2. Acase of atleast two convictions and & isa form of plurality Of crimes like reiteration, habitual delinquency; that the first Conviction must be final judgment and must take place prior to the second conviction, and the subsequent conviction should be for an offense committed before the commission of the offense ln the prior conviction. This is a case of - RECIDIVISM 3. A disposition under which a defendant after conviction and sentence Is released subject to the condtions imposed by the Coutt subject to supervision is known as -PROBATION 4. A Filipino killed a Chinese on board the vessel beating the flag of Mexico while the vessel was within the Philippine terrtory. PHILIPPINE CRIMINAL LAW APPLIES. 5. Aform of document which consists of an agreement without the intervention of a notary public: PRIVATE 6. A law enacted by Congress that imposes a penalty, other than the Revised Penal Code-SPECIAL PENAL LAWS. 7. A law which is unfavorable to the accused is UNCONSTITUTIONAL. 8. Aperson asks for advice on how to file a case of concubinage ‘against his husband. Which of the folowing is allowed i order to initiate the fling of the case of concubinage? The case of concubinage can be initizted by complaint of offended spouse. ‘THE CASE OF CONCUBINAGE CAN ONLY BE INITIATED BY COMPLAINT OF OFFENDED SPOUSE. [None of this. The case of concubinage is publc offense, it can be initiated by police. 9. A person is about to commit a erine in your presence, a3 @ police officer, wht will ou do to approximate course of acton to do considering the cre is nat yet consummated? ARREST ‘THE PERSON WITHOUT WARRANT 10.A person whenever, having knowledge ofthe commission of, the crime, without having participated therein, takes part subsequent to its commission, either by profting themselves are assisting the offenders to profit by the effects ofthe crime; by concealing or destroying the body of the crime or assisting the escave ofthe principals considered as-ACCESSORIES 11. ABORTION TO CONCEAL DISHONOR: Liable - 2. pregnant woman, b. parents of the pregnant woman or either of them 12. ACCOMPLICE -those persons who, not being included in Principal, cooperate in the execution of the offense by PREVIOUS or SIMULTANEOUS ACTS. 13, Ackrowledgment of quit JUDICIAL CONFESSION 14, Acts of DIRECT BRIBERY: 1. By agreeing to perform in consideration of promise or gift an act constituting a crime, 2. By executing an act which does not constitute a crime in Consideration of an offer or promise 3. By refraining from doing something which is his offidal duty art8l_ 6 Revi CENTER another crime? No GIVE A REWARD, MONEY OR ANYTHING IN CONSIDERATION OF A CERTAIN REQUEST. 15, Admission made by a carty regarding another case not subject ofthe trial is called EXTRA-JUDICIAL ADMISSION. 16. Adultery can also be charged to 2 man WHO ENGAGES, ‘CARNAL KNOWLEDGE TO A WOMAN KNOWING HER TO ‘BE MARRIED. 17. ADULTERY: Important Things ~ (1) Offenders: married woman and peramour (knowing her to be married); (@) Offended party: husband; @) Violative act: married woman having sewual intercourse with her paramour; (4) Marriage between husband and wife: legitimate; (5) MUST: offended party- legally married to offender at time of criminal case; (6) Offended party must be the offended spouse: (7) Pialpil vs. Ibay - Somera, 174 SCRA 653-Foreigner husband ‘already. got divorce in his country before start of adultery proceedings: no more adultery; (8) Marriage not necessary valid; reason: “even i the mariage be subsequently dedared void"; (@) Punishing adultery: reason ~ on family: (10) How to prove carnal knowiedge? a. direct evidence, 6. Croumstantial evidence; (11) Per sexual intercourse = one crime of adultery; (12) Essence of adultery: vioation of marital vow, (13) Gist of crime: danger of intraducing souricus heirs in the family into family; (14) Abandonment without justifeation by offended spouse mitigating circumstance; (15) Paramour to be liable - MUST have knowedge that the women is marred; (16) In ili afairs: married man & married woman -both can bbe charged and labie for concubinage and adultery; (16) Effect of acquital of ore of offenders ~ NOT acquital of other: (17)Death of paramour-aduitery against unfaithful wife continues; (18) Death of offended party - a. before fling of complaint: no more case of adultery b. after fling of complaint: adultery case continues; (19) Pardon by Offended Party-MUST: a. before fling of Compaaint, b. inde both ofienders; (20) ‘Sexual intercourse between’ offended husband and Unfaithful wife (after husband leamed of unfaithfulness of wife) vimobed pare (21)Consent of Offended Party-ground for dismissal of adultery 18. Ater the arraignment ond pre-tral, the accused did not apper to court anymore. Despite of due notice and warrant of arrest te accused failed to appear. Can the court continue the tral of the case? YES, THE COURT CAN CONTINUE THE ‘TRIAL THROUGH TRIAL IN ABSENTIA. NOTE: If the accused's absence was BEFORE ARRAIGNMENT, the TRIAL CANNOT PROCEED. 49. Ater the search, the officer should do INVENTORY OF “THE EVIDENCE SEIZED UNDER OATH. . vidlation of vows, b. attackRelationship,(2) Intoxication,(3) Degree of Instruction & (4) Education 21, Ameng the persons who are criminally lable, those who take direct part in the execution of the act; who directly force Or induce another to comme it; and those who cooperate in the commission of the offense by another act without which it would not have been accomplished are considered- PRINCIPALS 22. An admission made by a party in the course of the court proceeding of the case is called JUDICIAL ADMISSION. 23. An appeal shall be taken by the accused to the appropriate Court or tribunal in the manner prescribed by law and the rues within 15 DAYS FROM THE PROMULGATION OR NOTICE (OF THE JUDGMENT. (1) A competent court may validly exerdse its criminal Jurisdiction over a particular case only if it has acquired jurisdiction over the SUBJECT MATTER. (2) Acquired jurisdiction over the TERRITORY where the offense was committed. (3) Acquired jurisciction over the PERSON OF THE ACCUSED. 24, At the arraignment, the accused may be alowed by the trial court to plead guity to a lesser offense which is necessaily included in the offense charged with the prior express consent of THE PUBLIC PROSECUTOR AND THE OFFENDED PARTY. 25. Cana judge issue a subpoena to require a witness totesty? YES SUBPOENA AD TESTIFICANDUM to testi; ‘SUBPOENA DUCES TECUM-to bring relevant documents 26. Cardo is a resident of Valenzuela, he committed a «rime in Manila against Jake, a resident of Caloocan. Where should the cease be filed? MANILA 27. Carnal knowledge-COTTUS or COTTION 28, CONCUBINAGE: Important Things (2) 3 ways of committing: 2.1 keeping mistress in conjugal dwelling, b. sexual intercourse -a. under scandalous circumstances, b. with woman not his wife, b. cohabiting with woman not bis wife in any other place; (2) Offenders: a. married man, b. woman with knowledge that man is married; (3) Offended party: wife; (4) Essence of concubinage: violation of marital vow; (5) Concubinage unlike adultery: no spurious offspring Brought into family; (6) Sexual relations with woman other than his wife - NOT concubinage if not falling in any of 3 ways; (7) Keeping a mistress in conjugal dwelling - taking by husband of his mistress into conjugal house and living together conjugally; (8) Scandalous circumstances - NOT necessary in keeping a mistress in the conjugal dwelling; (9) MISTRESS -woman taken by accused into conjugal dwelling as CONCUBINE; (10) CONJUGAL DWELLING -tome of husband and wife even if we happens to be temporarily absent on any account; (11) Mistress being kept elsewhere | scandalous circumstances: ELEMENT OF CRIME; (12) Scandal - any reprehensble wod or deed that offends public conscience, redounds to the detriment of the feelings of hhonest persons, and gives occasion to the neighbors’ spiritual damage or ruin: 1.iving in same room of house, 2. appearing together in public, 3. performing acts in sight of community Which dive rise ‘to critics and general protest among ‘neighbors; (13) Under scandalous circumstances: act of sexial Intercourse which may be proved by circumstantial evidence (14) Best witnesses to prove scandalous circumstances-people In te vicinity; (15)When spies are employed, there is no evidence of scandalous circumstances; (16) Cohabiting with a woman in any other place- scandalous crcumstances: NOT necessary; (17) COHABIT -to dwell together, n the manner of husband and wife, for some period oi time, as distinguished from occasional, transient Interviews for unlawful intercourse; cohabiting for a week, month, a year or longer 29. CONTINUED, CONTINUOUS or CONTINUING CRIME- (1) A collector of @ commerical firm miseppropriates for his, person use several amounts collected by him from different persons. @) A thiet who takes from the yard of 2 house two game roosters belonging to two different persons () Taking of six roosters from coop. @) While the inhatitants of a barrio were working in a suger rill, seven armed persons, vo had a general plan to comme robbery against all those in the placed entered the mill and while two of the bandits guarded the people with guns levelled at them, five of them ransacked the houses for their personal Properties. (6) The several acts of ransacking the different houses were ‘ot unconnected and entirely distinct from one another. (6) The accused and his companion ran amok in the passengers’ section of the upper deck of 2 motorboat. Eleven Persons were killed and twenty other persons were seriously wounded by him and his companion. 30, CRIME-vication of a penal law that forbids or command 31. Criminal Jurisdiction (1) JURISDICTION OVER THE SUBJECT MATTER; (@) JURISDICTION OVER THE PERSON OF THE ACCUSED: and (@)JURISDICTION OVER THE TERRITORY 32. Criminal law should be obligatory upon all persons residing Within the state, subject to the principles of pubic international law and treaty’ agreements. This refers to its characteristics, called-GENERALITY 33, Curry deprived Paul of his libety. Cuny is a private individual. Paul is e government employee. The investigation revealed that deprivation of bert is without legal ground and tne purpose o! Curry is to bring Paulto proper authorities. What isthe crime committed by Curry? UNLAWFUL ARREST 34, Development of a Crime: I. INTERNAL ACTS- intent and plans; usually not punishable; TLEXTERNAL ACTS - (1) PREPARATORY ACT -Acts tending toward the crime; (2) ACTS OF EXECUTION acis directly connected to the crime 35. DUPLICATE - counterpart produced by the same impression as the original, or from the same matrix, or by ‘means of shafoaranhy including enlargement and miniatures, (or by mechanical or electronic re-recording, or by chemical ‘eproduction or by ather equivalent process or technique thet accurately reproduce the oricinal. 36. ELEMENTS OF ARBITRARY DETENTION (Art. 124): (1) That the offender is a public officer or employee; (2) That he detains a person; and (3) That the detention is without legal grounds. 37. ELEMENTS OF ARBITRARY DETENTION (Art. 125): 1. ‘That the offender is @ public officer or employee; Il. That he has detained a person for some legal grounds; and IIL. That he fails to deliver such person to the proper judicial authorities Within: (1) 12hrs for offenses punishable by light penalties or their equvalent; (2) 18hrs for offenses punishable by correctional penalties or their equivalent; or (3)36hi= fer offenses punishable by effictve penalties or thelr equivalent. 38, ELEMENTS OF ARBITRARY DETENTION (Art. 126): 1. ‘That the offender isa public officer or employee; IL. That there is a judicial or executive order for the release of a prisoner or detention prisoner, or that there is a proceeding upon a petition for the liberation of such person; and II. That the offender without geod reason delays either:(1) The service of the notice of such order to the prisoner;(2) The performance of such Judicial or executive order forthe release ofthe prisoner; or (3) ‘The proceedings upon a petitton for the release of such person. 39, ELEMENTS OF DYING DECLARATION: (1) That death imminent and the declarant is conscious ofthat fact; (2) That the declaration refers to the cause and the surrounding ccrcumstarces of such death;(3) That the declaration relates to facts which the vicimis competent to testify to; and (4) That the declaration 1s offered in a case wherein the dedarant’s deathis the subject of the inquiry 40. ELEMENTS OF DYING DECLARATION:(1) That the declaration must concern the cause and surrounding Ccreumstances of the dediarant's death; (2) That atthe time the declaration was made, the declarant was under @ consciousness, of an impending death;(3) That the deciarant is competent as ‘a witness; and (4) That the declaration is offered in a criminal41. Elements of FRUSTRATED STAGE in the commission of the crime: 1. The offender performs all the acts of execution; 2. All the acts performed would produce the felony as a Consequence (belef of accused as to whether or not he had performed all acts of execution immaterial); 3. But the felony isnot produced; end 4.By reason of causes independent of the will of the perpetrator. NOTE: Not an element of frustrated felony: BY REASON OF SPONTANEOUS DESISTANCE OF THE ACCUSED. 42, Euthanasia is also referred to as MERCY-KILLING. 43. Evidence addressed to the senses of the court which may be viewed or exhibited are consdered OBJECT EVIDENCE. 44. Evidence on this matter shall never be allowed except when it ‘tends to establish probability of the facts in issue COLLATERAL MATTER. 45. Evidence which aside fiom being relevant affects the issue in important and substantial matter. MATERIAL 46. Evidence which cannot be overcome or rebutted is known as CONCLUSIVE. 47. Evidence which is allowed to be introduced since & is not excluded by the rule or law is considered as COMPETENT. 48. Evidence which is sufficient to prove an issue unless overcome or rebutted by other evidence is called PRIMA FACIE. 49. Evidence, if it has such a relation to the fact in issue is considered Relevant. executive and judicial departments of the Philippines, (7) the laws of nature, (8) the measure of time, and (9) the geographical dsions. 50. EXTRAJUDICIAL CONFESSION: when admissible - I. In writing, I. Signed by person, IL. Presence of his counsel, or (4) Parents,(2) Eder brothers & sisters, (3) His spouse, (4) Municipal mayor, (5) Municipal judge, (6) District school supervisor, (7) Priest or minister 51. FACTUM PROBANDUM - ultimate fact to be proven, or the proposition to be established; REMEMBER THE U IN PROBANDUM AND THE U IN ULTIMATE. 52. FACTUM PROBANS - evidertiary facts by which the factum probandum will be proved, REMEMBER THE SOUND OF S IN PROBANS AND EVIDENCE. 53. For a matter to be taken JUDICIAL NOTICE of by the Coutts of law, it must be @ SUBJECT OF COMMON and GENERAL KNOWLEDGE. 54. G.R.: Complaint or Information - MUST charge 1 offense; ER. COMPLEX CRIME 55. GROUNDS FOR MOTION TO QUASH: (1) That the fects charged do not constitute an offense: (2) That the court trying the case has no jurisdiction over the offense charged;(3) That the cour trying the case has no jurisdiction over the person of the accused; (4) That the officer who filed the information had ‘no authority to do so; (5) That it does not conform substantially to the prescibed form:(6) That more than one offense is charged except when a single punishment for various offenses is preseribed by law(7) That the criminal action or liability has been extinguished; (8) That it contains averments which, if true, would consttute a legal excuse or justficaton; and (9) ‘That the accused has been previously convicted or acquitted of the offense charged, or the case against him was dismissed or otherwise terminated witheut his express consent '56. Hippolto killed Oligaryo, a twelve year olé gir. What crime 's committed by Hppoito? HOMICIDE 57. Homicide, with intent to kil, may be presumed through Whet evdence? Intent to kill is conclusively presumed when DEATH resuits; evidence of intent to kills important only in attempted or frustrated homicide, INTENT TO KILL is usually ‘shown by the KIND OF WEAPON used and the LOCATION, and NATURE OF THE WOUND. 58. How can successive penalty be applied? G.R.: When the culprit has to serve two or more penalties, he shall serve them SIMULTANEOUSLY if the nature of the penalties will so permit. E.: If nature of penalties will not permit SIMULTANEOUSLY, the penalties shall be executed SUCCESSIVELY: 1. Death, 2.Reclusion perpetuo, 3. Recluson temporal, 4. Prision mayor, 5. Prisioncorreccional,6.Arresto mayor, 7. Arrestomeror, 8. Destiero, 8. Perpetual ebsolute disqualifcation, 10 Temporal absolute disqualifcation. 11. Suspension from public office, the right to vote and be voted 59, How will you able to determine the testimony of the witness if the testimony will be hearsay? a. T will ask him what is his relation tothe party . I will as him why he is inthe vicinity ofthe crime Lill ask him why he is wiling to testity d. WILL ASK HIM IF HE HAS PERSONAL KNOWLEDGE 60. Ifa crime is committed on board a foreign merchant vessel while ina foreign port, save in cases covered by treaty agreements, are subject to the jurisdiction ofthe local courts Unless they affect only the vessel or those belonging to her and do not involve the dignity ofthe host country or the tranquility, ofthe iatter's por, then, what rue should apply? THEORY ON ‘TERRITORIALITY (ENGLISH RULE) 61. IfLakes kiled Ganda, hisillegtimate less than 3 days old daughter, the crime convitted is INFANTICIDE. 2. Tf the accused is acquitted, can the complainant fle. an appeal? NO 63. If you are an investigator, how will you ask a witness in ‘order for you to know whether or not his statement is hearsay? ‘Ask whether his statement is taken from his personal knowledge. 6A, IF you're a police officer, whatis your advice ifthe offense is less than one year and the two parties are in the same barangay? ADVICE TO SETTLE ONLY IN BARANGAY. 65. IGNORANTIA LEGIS NON EXCUSAT ignorance of the law excuses no one; offender is lable; ABERRATIO ICTUS - mistake in the blow; offender is liable: ERROR IN PERSONAE- mistake in identity; offender is liable; MISTAKE OF FACT - a misapprehension fact which would have been true had the facts been as he believed them to be. 66. Ina fire incident, fireman breaks ass. IS he lable? NO 67. In all criminal cases, accused is presumed innocent. Thus, the prosecution has the burden of proof. Between the accused and the prosecution, who should present the evidence first? PROSECUTION; except ifthe accused interposes justifying or ‘exempting circumstances. In which case, the DEFENSE should present the evidence first. 68. In all the criminal cases cffended rarty: PEOPLE OF THE PHILIPPINES 68. In criminal law, what are the circumstances where those that have the effect of reducing the penalty because there i diminution of any the elements of dolo or culpa, which makes the voluntary or because of the lesser penversty of the ffender? MITIGATING CIRCUMSTANCES 70. In criminal law, what are the circumstances wherein the acts of the person are in accordance with the law and, hence, he incurs no criminal and vil liabilty? JUSTIFYING CIRCUMSTANCES 71. In criminal law, what are the circumstances which serve to increase the penalty without exceeding the maximum provided by the law because of the greater perversity ofthe offender as, by the motivating power of the commission of the crime, the time and place ofits commission, the means employed or the personal circumstances of the offender? AGGRAVATING CIRCUMSTANCES 72. Inits juridical sphere, it means by the suffering undergone, because of the action of the socety, by one who commits 3 crime, hence, it can only be imposed after conviction in a minal action. Whet is being deffved? PUNISHMENT 73. Inkiling Tsko, Kko used the presence of fou of his relatives to ensure that Isko cannot retaliate against him. Which is the applicable modifying Circumstance? AGGRAVATING 74. In the commission of the crime, the accused did nat stop and spontaneously desisted until he executed all his acts and did net produce the felony. The commission of the crime isin FRUSTRATED STAGE. 75. In the heating of quasi-judicie! bodies, evidence needed to estabish 2 fact should be SUBSTANTIAL. 76. In THEFT, CORPUS DELICTI has two elements, namely: (1) that the PROPERTY WAS LOST BY THE OWNER, and (2) that it was LOST BY FELONIOUS TAKING. 77. Instances when presence of accused is required by law: (1) at ARRAIGNMENT AND PLEA, whether of innocence or of guilt;(2) “during tial, whenever necessary for IDENTIFICATION PURPOSES; and (3) atthe PROMULGATION OF SENTENCE, unless it is for a light is the