Criminal Jurisprudence Procedure 20

Criminal Jurisprudence and Procedure
The Board of Examiners for Criminologists in the Philippines is created for

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

Criminal Jurisprudence and Procedure 20%
Law Enforcement Administration 20%
Correctional Administration 15%
Criminalistics 20%
Criminal Sociology 15%
Ethics and Human Relations 10%
Criminal Jurisprudence and Procedure is further subdivided into:

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

losses caused by their actions.
 no incarceration
Crimes are divided into 2 classes

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

 fine paid to the government
 execution (death penalty)
Criminal law RPC (Book 1)

Criminal Law - a branch of municipal law which defines crimes,
treats of their nature and provides for their punishment.
Characteristics of Criminal Law

1. General 2. Territorial 3. Prospective
General - binding on all persons who reside or sojourn in the

Philippines.
Exceptions:
1. Treaty Stipulation
2. Laws of Preferential Application
3. Principles of Public International Law
ex. 1. Sovereigns and other chief of state
2. Ambassadors, Minister resident, and
charges d' affaires
Note: Consuls, Vice Consuls, and other foreign

commercial representatives can not claim the
privileges and immunities accorded to
ambassadors and ministers.
Territorial - Penal laws of the Philippines are enforceable only

within its territory.
Exception: Art. 2 of the RPC - binding even on
crimes committed outside the Philippines.
1. Offenses committed while on a Philippine ship
or airship.
2. Forging or counterfeiting any coin or currency
note of the Philippines or obligations and
securities issued by the government.
3. Introduction into the country of the above
mentioned obligations and securities.
4. While being public officers and employees, an
offense is committed in the exercise of their
functions.
5. Crimes against the National Security and the Law
of the Nations.
Prospective - The law does not have any retroactive effect.

Exception: When the law is favorable to the
accused.
Exception to the Exception:

1. The New Law is expressly made inapplicable
to pending actions or existing causes of
action.
2. Offender is a habitual criminal.
Theories of Criminal Law

1. Classical Theory - basis is man's free will to choose between
good and evil, that is why more stress is placed upon the
result of the felonious act than upon the criminal himself. The
purpose of penalty is retribution. The RPC is generally
governed by this theory.
2. Positivist Theory - basis is the sum of social and economic

phenomena which conditions man to do wrong in spite of or
contrary to his volition. This is exemplified in the provisions
on impossible crimes and habitual delinquency.
3. Mixed Theory - combination of the classical and positivist

theories wherein crimes that are economic and social in
nature should be dealt in a positive manner. The law is thus
more compassionate.
Construction of Penal Laws

1. Liberally construed in favor of offender.
Example: a. The offender must clearly fall within the terms
of the law.
b. An act is criminal only when made so by the
statute.
2. In cases of conflict with official translation, original Spanish
text is controlling.
3. No interpretation by analogy.
Limitations on Power of Congress to Enact Penal Laws
1. Ex Post Facto Law
2. Bill of Attainder
3. Law that violates the equal protection clause of the
constitution.
4. Law which imposes cruel and unusual punishments nor
excessive fines.
Criminal Law Review Questions 1

1. A Branch of municipal law which defines crimes, treats of
their nature and provides for their punishment.
A. Procedural Law
B. Civil Law
C. Criminal Law
D. Political Law
2. One of the following is not a characteristic of criminal law.

A. General
B. Territorial
C. Prospective
D. Retroactive
3. Criminal law is binding on all person who reside or sojourn

in the Philippines. This characteristic of criminal law is known as
A. General
B. Territorial
C. Prospective
D. Retroactive
4. One of the characteristics of criminal law is generality. Which

of the following is not an exception to the principle of
generality.
A. Treaty Stipulation
B. Laws of Preferential Application
C. Principles of Public International Law
D. None of the Above
5. One of the following person is not immune from Philippine

criminal law.
A. Sovereigns and other chief of state
B. Ambassador
C. Consuls
D. Charges d' Affaires
6. Penal laws of the Philippines are enforceable only within

its territory. This characteristic of criminal law is known as
A. General
B. Territorial
C. Prospective
D. None of the above
7. One of the following is not an exceptions to the territorial

principle of criminal law.
A. Offenses committed while on Philippine ship or airship
B. Forging or counterfeiting any coin or currency note of
the Philippines or the obligations and securities issued
by the government.
C. Crimes committed against national security and the law of
nations.
D. Crimes committed against public order.
8. Criminal law does not have any retroactive effect. This

characteristic of criminal law is known as
A. General
B. Territorial
C. Prospective
D. Retroactive
9. When the law is favorable to the accused, is an exception

to which characteristic of criminal law.
A. General
B. Territorial
C. Prospective
D. Retroactive
10. A Theory of criminal law, Basis is man's free will to choose

between good and evil. The purpose of penalty is retribution.
A. Classical Theory
B. Positivist Theory
C. Mixed Theory
D. None of the above.
Answer:
1. C
2. D
3. A
4. D
5. C
6. B
7. D
8. C
9. C
10. A

1. Basis is the sum of social and economic phenomena which
conditions man to do wrong in spite of or contrary to his
volition. This theory of criminal law is known as
A. Classical Theory
B. Positivist Theory
C. Mixed Theory
2. In the construction of penal laws, it must be ______________

construed in favor of offender.
A. Strictly
B. Liberally
C. Severely
D. Precisely
3. Which of the following is not a limitation on power of

congress to enact penal laws.
A. Ex post facto law
B. Bill of Attainder
C. Law that violates the equal protection clause of the
constitution.
4. The Revised Penal Code took effect on

A. March 6, 1929
B. March 6, 1930
C. February 1, 1932
D. February 1, 1934
5. What determines whether a vessel is a Philippine vessel for

purposes of the application of criminal law?
A. Place of Registration
B. Place of Construction
C. Citizenship of the Owner
6. Crimes committed aboard foreign vessel within the territorial

waters of a country are not triable in the courts of such
country. In Criminal law, this principle is known as
A. The Philippine Rule
B. The English Rule
C. The French Rule
7. Crimes committed aboard a foreign vessel within the

territorial waters of a country are triable in the courts of such
country. In Criminal law, this principle is known as
B. The English Rule
C. The French Rule
8. For Offenses committed aboard foreign vessel committed in

Philippine waters. What principle is applicable to the
Philippines.
B. The English Rule
C. The French Rule
9. Acts and omissions punishable by the RPC is known as

A. Felonies
B. Crimes
C. Misdemeanor
10. Acts and omissions punishable by any law is known as

A. Felonies
B. Crimes
C. Misdemeanor
Answer:
1. B
2. B
3. D
4. C
5. A
6. C
7. B
8. B
9. A
10. B
1. Failure to perform a duty required by law.
A. Exception
B. Exclusion
C. Avoidance
D. Omission
2. There is no crime when there is no law punishing it. In

criminal law, this principle is known as
A. Nullum crimen, nulla poene sine lege
B. Ignorantia Legis Non Excusat
C. Actus Non Facit Reum, Nisi Mens Sit Rea
D. Actus Me Invito Factus Non Est Meus Actus
3. These Felonies are committed by means of deceit (dolo).

A. Culpable Felonies
B. Intentional Felonies
C. Unintentional Felonies
4. These Felonies are committed by means of fault.

5. This classification of felony has the following requisites,

freedom, intelligence, and intent.
6. This classification of felony has the following requisites:

freedom, intelligence, negligence, and imprudence.
7. Which of the following is not a characteristics of an offense

mala in se?
A. Moral trait of offender is considered.
B. Good Faith is a defense
C. Mitigating and aggravating circumstances taken into
account in imposing penalty
D. Degree of participation when there is more than one
offender is generally not taken into account
8. Which of the following is not a characteristic of an offense

mala prohibita?
A. Mitigating and aggravating circumstance is not generally
taken into account
B. Degree of accomplishment of the crime is taken into
account only when consummated
C. Good Faith is not a defense
D. Moral trait of offender is considered.
9. Moving power which impels one to act.

A. Motive
B. Intent
C. Purpose
10. Purpose to use a particular means to effect a result.

A. Motive
B. Intent
C. Purpose
Answer:
1. D
2. A
3. B
4. A
5. B
6. A
7. D
8. D
9. A
10. B

1. In Criminal Law, Error in Personae means
A. Mistake in Identity
B. Mistake in Blow
C. Lack of intent to commit so grave a wrong
2. In Criminal Law, Abberatio Ictus means
B. Mistake in Blow
C. Lack of Intent to commit so grave a wrong
3. In Criminal Law, Praetor Intentionem means

B. Mistake in Blow
C. Lack of intent to commit so grave a wrong
4. The cause which in the natural and continuous sequence,

unbroken by any efficient intervening cause, produces the
injury without which the result would not have occurred.
A. Immediate Cause
B. Intervening Cause
C. Proximate Cause
D. Natural Cause
5. Which of the following is not a requisites of an impossible

crime?
A. Act would have been an offense against persons or
property
B. Accomplishment is inherently impossible or inadequate
or ineffectual or ineffectual means are employed
C. Act is not an actual violation of another provision of the
RPC or of special law.
D. There was no criminal intent
6. A Stage in the execution of felonies when all the elements

necessary for its execution and accomplishment are present.
A. Consummated
B. Frustrated
C. Attempted
7. This Stage in the execution of felonies have the following

elements: a. offender performs all acts of execution b. All
the acts would produce the felony as a consequence c. But
the felony is not produce d. By reason of causes independent
of the will of the perpetrator.
A. Consummated
B. Frustrated
C. Attempted
8. This Stage in the execution of felonies have the following
elements: a. Offender commences the felony directly by
overt acts b. Does not perform all acts which would produce
the felony c. His acts are not stopped by his own spontaneous
desistance
A. Consummated
B. Frustrated
C. Attempted
9. In the stages of execution of felonies, the element that all

acts of execution are present, must be present in
A. Attempted and Frustrated
B. Attempted and Consummated
C. Frustrated and Consummated
D. Frustrated and Attempted
10. Which of the following do not admit of frustrated and

attempted stages?
A. Offenses punishable b y special penal laws
B. Formal Crimes
C. Impossible Crimes
D. All of the Above
Answer:
1. A
2. B
3. C
4. C
5. D
6. A
7. B
8. C
9. C
10. D
1. Which of the following crimes do not admit of frustrated
stage.
A. Rape
B. Bribery
C. Adultery
D. All of the Above
2. The General Rule is that light felonies are punishable only

when they have been consummated. One of the
following is an exception.
A. If committed against the law of the nation
B. If committed against public order
C. If committed against persons or property
3. Two or more persons come to an agreement for the

commission of a felony and they decide to commit it.
A. Proposal
B. Conspiracy
C. Agreement
D. Non of the Above
4. A Person has decided to commit a felony and proposes its

execution to some other person.
A. Conspiracy to commit a felony
B. Proposal to commit a felony
C. Agreement to commit a felony
5. Under the RPC , afflictive penalties are imposed for a

A. Grave Felonies
B. Less Grave Felonies
C. Light Felonies
6. Under the RPC, Correctional penalties are imposed for a

A. Grave Felonies
C. Light Felonies
7. Under the RPC, aresto menor is imposed for a

A. Grave Felonies
C. Light Felonies
8. Light Felonies are punishable by

A. 1 day to 30 days
B. 1 month and 1 day to 6 months
C. 6 months and 1 day to 6 years
D. 6 years and 1 day to 12 years
9. Where the act of a person is in accordance with law, such

person is deemed not to have violated the law.
A. Mitigating circumstance
B. Aggravating circumstance
C. Justifying circumstance
D. Exempting circumstance
10. Grounds for exception from punishment because there is

wanting in the agent of the crime any of the conditions
which make the act voluntary or negligent.
A. Mitigating circumstance
B. Aggravating circumstance
C. Justifying circumstance
Answer:
1. D
2. C
3. B
4. B
5. A
6. B
7. C
8. A
9. C
10. D

1.One while advanced in age has a mental development
comparable to that of children between 2 and 7 years old. He
is exempt in all cases from criminal liability.
A. Insane
B. Imbecile
C. Stupid
2. One who acts with complete deprivation of intelligence or
reason or without the least discernment or with total
deprivation of freedom of will.
A. Insane
B. Imbecile
C. Stupid
3. Offender uses violence or physical force to compel

another person to commit a crime.
A. Irresistible Force
B. Uncontrollable Fear
C. Duress
4. Offender employs intimidation or threat in compelling

another to commit a crime.
A. Irresistible Force
B. Uncontrollable Fear
C. Duress
5. The Juvenile Justice and Welfare Act is known as

A. R.A. 9343
B. R.A. 9434
C. R.A. 9433
D. R.A. 9344
6. Mental capacity to fully appreciate the consequences of

the unlawful act.
A. Motive
B. Intent
C. Discernment
7. Actus Me Invito Factus Non Est Meus Actus means

A. Any act done by me against my will is not my act
B. No intent to commit so grave a wrong
C. He who is the cause of the cause is the cause of the evil
caused
8. Some motive which has lawfully, morally, or physically

prevented a person to do what the law commands.
A. Absolutory cause
B. Insuperable cause
C. Mitigating circumstance
9. Where the act committed is a crime but for some reason of

public policy and sentiment, there is no penalty imposed.
A. Absolutory cause
B. Insuperable cause
C. Mitigating circumstance
10. Those which if present in the commission of the crime

reduces the penalty of the crime but does not erase criminal
liability nor change the nature of the crime.
A. Justifying circumstance
B. Mitigating circumstance
C. Aggravating circumstance
Answer:
1. B
2. A
3. A
4. B
5. D
6. C
7. A
8. B
9. A
10. B

1. Any unjust or improper conduct or act of the offended party,
capable of exciting, inciting or irritating anyone.
A. Provocation
B. Vindication
C. Passion
D. Obfuscation
2. Those which, if attendant in the commission of the crime,

serve to have the penalty imposed in its maximum period
provided by law for the offense or those that change the
nature of the crime.
A. Justifying circumstances
B. Mitigating circumstances
C. Exempting circumstances
D. Aggravating circumstances
3. It is a kind of aggravating circumstance which apply to all

crimes.
A. Generic aggravating circumstance
B. Specific aggravating circumstance
C. Qualifying aggravating circumstance
D. Inherent aggravating circumstance
4. A kind of aggravating circumstance that change the nature

of the crime.
5. A kind of aggravating circumstance which of necessity

accompany the commission of the crime.
6. A kind of aggravating circumstance which arise under special

conditions to increase the penalty of the offense and can not
be offset by mitigating circumstances.
B. Special aggravating circumstance
C. Inherent aggravating circumstance
D. Qualifying aggravating circumstance
7. In Criminal Law, nighttimeas an aggravating circumstance

is also referred to as
A. Obscuridad
B. Despoblado
C. Encuadrilla
8. In Criminal Law, uninhabited place as an aggravating

circumstance is known as
A. Obscuridad
B. Despoblado
C. Encuadrillia
9. In Criminal Law, Band to be considered aggravating
A. There must be three or more armed men
B. There must be four or more armed men
C. There must be five or more armed men
D. There must be six or more armed men
10. En Cuadrillia means

A. Uninhabited place
B. Band
C. Nighttime
Answer:
1. A
2. D
3. A
4. C
5. D
6. B
7. A
8. B
9. B
10. B

1. One who at the time of his trial for one crime, shall have been
previously convicted by final judgment of another crime
embraced in the same title of the RPC.
A. Recidivist
B. Habitual delinquent
C. Quasi-recidivist
2. All of the following except one is a person in authority.

A. Barangay Chairman
B. Barangay Tanod
C. Mayor
D. Governor
3. Where the offender has been previously punished for an

offense to which the law attaches an equal or greater
penalty or for two crimes to which it attaches a lighter
penalty. This generic aggravating circumstance is known as
A. Recidivism
B. Habituality
C. Multi-recidivism
D. Quasi-recidivism
4. Reiteracion means
A. Recidivism
B. Habituality
C. Multi-recidivism
D. Quasi-recidivism
5. Where a person within a period of ten years from the date

of his release or last conviction of the crimes of serious or
less serious physical injuries, robbery, theft, estafa, or
falsification, is found guilty of the sdaid crimes a third time
or oftener. This extra ordinary aggravating circumstance is
known as
A. Recidivism
B. Habitual delinquency
C. Reiteracion
D. Quasi-recidivism
6. Where a person commits felony before beginning to serve

or while serving on a previous conviction for a felony.
This special aggravating circumstance is known as
A. Recidivism
B. Reiteracion
C. Habitual delinquency
D. Quasi-recidivism
7. This aggravating circumstance involves the use of

intellectual trickery or cunning on the part of the accused.
A. Craft
B. Fraud
C. Disguise
8. This aggravating circumstance involves the use of insidious

words or machinations to induce the victim to act in a manner
which would enable the offender to carry out his design.
A. Craft
B. Fraud
C. Disguise
9. This aggravating circumstance involves resorting to any

device to conceal identity.
A. Craft
B. Fraud
C. Disguise
10. Astucia means

A. Craft
B. Fraud
C. Disguise
11. Disfraz means

A. Craft
B. Fraud
C. Disguise
Answer:
1. A
2. B
3. B
4. B
5. B
6. D
7. A
8. B
9. C
10. A
11. C

1. When the offender commits any of the crimes against the
person, employing means, methods or forms in the execution
thereof which tend directly and specially to insure its
execution without risk to himself arising from the defense
which the offended party might make.
A. Evident Premeditation
B. Astucia
C. Disfraz
D. Treachery
2. A Circumstance pertaining to the moral order which adds
disgrace and obloquy to the material injury caused by the
crime.
A. Astucia
B. Disfraz
C. Ignominy
D. Obscuridad
3. This Aggravating Circumstance is present when the culprit

enjoys and delights in making his victim suffer slowly and
gradually, causing unnecessary physical pain in the
consummation of the criminal act.
A. Ignominy
B. Cruelty
C. Obscuridad
D. Disfraz
4. Which of the following is not one of the three types of

principals?
A. Principal by Direct Participation
B. Principal by Induction
C. Principal by Indispensable Cooperation
5. Persons who do not act as principals but cooperate in the

execution of the offense by previous and simultaneous
acts, which are not indispensable to the commission of the
crime.
A. Principal
B. Accomplice
C. Accessory
6. A Person received and used property from another, knowing

it was stolen. This is an example of a
A. Principal
B. Accomplice
C. Accessory
7. Placing a weapon in the hand of the dead who was unlawfully

killed to plant evidence or burying the deceased who was
killed by the mastermind. This is an example of
A. A Principal
B. An Accomplice
C. An Accessory
8. This Law penalizes the act of any person who knowingly or

willfully obstructs, impedes, frustrates or delays the
apprehension of suspects and the investigation and
prosecution of criminal cases.
A. P.D. 1928
B. P.D. 1892
C. P.D. 1829
D. P.D. 1982
9. This Law penalizes the act, with intent to gain, of buying,

selling, receiving, possessing, keeping, or in any other
manner dealing in anything of value which a person knows
or should have known to be derived from the proceeds of
the crime of robbery or theft.
A. P.D. 1261
B. P.D. 1216
C. P.D. 1621
D. P.D. 1612
10. One of the following accessory is not exempt from criminal

liability.
A. When the Principal is his Spouse
B. When the Principal is his Ascendant
C. When the Principal is his Descendant
Answer:
1. D
2. C
3. B
4. D
5. B
6. C
7. C
8. C
9. D
10. D
1. Suffering inflicted by the state for the transgression of a law.
A. Reward
B. Advantage
C. Penalty
2. A Theory of justifying penalty to prevent or suppress the

danger to the state arising from the criminal act of the
offender.
A. Prevention
B. Self-Defense
C. Reformation
D. Exemplarity
3. A Theory justifying penalty so as to protect society from

the threat and wrong inflicted by the criminal.
A. Theory of Prevention
B. Theory of Self-Defense
C. Theory of Reformation
D. Theory of Justice
4. A Theory Justifying penalty where the object of punishment

in criminal cases is to correct and reform the offender.
D. Theory of Exemplarity
5. A Theory justifying penalty where the criminal is punished

to serve as an example to deter others from committing
crimes.
D. Theory of Exemplarity
6. A Theory justifying penalty, that crime must be punished

by the state as an act of retributive justice, a vindication
of absolute right and moral law violated by the criminal.
B. Theory of Reformation
C. Theory of Exemplarity
D. Theory of Justice
7. A Legislative Act which inflicts punishment without trial.
A. Bill of Attainder
B. Ex Post Facto Law
C. Republic Act
8. Which of the following is not an Ex Post Facto Law?

A. A Law which makes criminal an act done before the
passage of the law and which was innocent when done.
B. A Law which aggravates a crime or makes it greater than
it was when committed.
C. A Law which changes the punishment and inflicts a greater
punishment than the law annexed to the crime when
committed.
9. Which of the following crimes will not extinguish the

criminal liability of the offender even if pardoned by the
offended party?
A. Adultery
B. Seduction
C. Concubinage
D. Homicide
10. Fines when imposed alone as penalty, in the amount of

201 pesos to 6000 pesos is considered
A. Afflictive Penalty
B. Correctional Penalty
C. Light Penalty
11. Fines when imposed alone as penalty, over 6000 pesos

is considered
A. Afflictive penalty
C. Light penalty
12. Fines when imposed alone as penalty, in the amount of

200 pesos and less is considered
A. Afflictive Penalty
C. Light penalty
Answer:
1. C
2. A
3. B
4. C
5. D
6. D
7. A
8. D
9. D
10. B
11. A
12. C
Criminal law RPC (Book II)

Title 1
Crimes Against National Security and the Law of Nations
Title 2
Crimes Against the Fundamental laws of the State
Title 3
Crimes Against Public Order
Title 4
Crimes Against Public Interest
Title 5
Crimes Relative to Opium and Other Prohibited Drug
Title 6
Crimes Against Public Morals
Title 7
Crimes Committed by Public Officers
Title 8
Crimes Against Persons
Title 9
Crimes Against Personal Liberty and Security
Title 10
Crimes Against Property
Title 11
Crimes Against Chastity
Title 12
Crimes Against the Civil Status of Persons
Title 13
Crimes Against Honor
Title 14
Quasi-Offenses

1. Breach of allegiance to the government by a person who owes
allegiance it.
A. Espionage
B. Rebellion
C. Sedition
D. Treason
2. Treason can be proven by Judicial Confession of the accused

or testimony of at least how many witness?
A. At Least 1 Witness
B. At Least 2 Witness
C. At Least 3 Witness
D. At Least 4 Witness
3. The Offense of gathering, transmitting, or losing information

respecting the national defense with intent or reason to
believe that the information is to be used to the injury of
the Republic of thre Philippines or the advantage of a
foreign nation.
A. Treason
B. Espionage
C. Sedition
D. Rebellion
4. One of the following felonies may be committed not only

during war but also during peace time.
A. Treason
B. Misprision of Treason
C. Espionage
D. Piracy
5. An Act to punish Espionage and other offenses against

national security.
A. C.A. No. 616
B. C.A. No. 716
C. C.A. No. 816
D. C.A. No. 916
6. It is robbery or forcible depredation on the high seas, without

lawful authority and done with animo furandi and in the
spirit and intention of universal hostility.
A. Piracy
B. Mutiny
C. High Jacking
D. Robbery on the the High Seas
7. The Unlawful Resistance to a superior or the raising of

commotions and disturbances on board a ship against the
authority of its commander.
A. Piracy
B. Mutiny
C. High Jacking
D. Rebellion
8. Anti-Hijacking Law is known as

A. R.A. No. 6553
B. R.A. No. 6523
C. R.A. No. 6253
D. R.A. No. 6235
9. The Anti-Piracy and Anti-Highway Robbery Law of 1974 is

known as
A. P.D. No. 532
B. P.D. No. 523
C. P.D. No. 253
D. P.D. No. 235
10. The deprivation by a public officer of the liberty of a person

without any legal ground.
A. Arbitrary Detention
B. Illegal Detention
C. Kidnapping
Answer:
1. D
2. B
3. B
4. C
5. A
6. A
7. B
8. D
9. A
10. A

1. One of the following is not a crime against the law of nation.
A. Treason
B. Qualified Piracy
C. Flight to Enemy's Country
D. Arbitrary Detention
2. One of the following is not a crime against the Fundamental

Laws of the State.
A. Qualified Piracy
B. Arbitrary Detention
C. Delaying Release
D. Expulsion
3. It is the offense committed by expelling a person from the

Philippines or by compelling a person to change his residence.
A. Light Threats
B. light Coercion
C. Expulsion
D. Grave Threats
4. The term used where the object of the movement is

completely to overthrow and supersede the existing
government.
A. Insurrection
B. Rebellion
C. Sedition
5. The term refers to a movement which seeks merely to effect

some change of minor importance to prevent the exercise
of governmental authority with respect to particular matters
or subjects.
A. Insurrection
B. Rebellion
C. Sedition
6. R.A. No. 6235 is known as

A. Anti-Hijacking Law
B. Anti-Piracy and Anti-Highway Robbery Law of 1974
C. An Act To Punish Espionage
7. All of the following except one are crimes against public order.
A. Coup D' Etat
B. Sedition
C. Treason
D. Rebellion
8. This felony involves the raising of commotions or disturbances

in the State. Its ultimate object is a violation of the public
peace or at least such a course of measures as evidently
engenders it.
A. Coup D' Etat
B. Rebellion
C. Sedition
D. Treason
9. Committed by a person who being under oath and required to

testify as to the truth of a certain matter at a hearing before a
competent authority, shall deny the truth or say something
contrary to it.
A. Slander
B. Perjury
C. Libel
D. False testimony
10. Lax, Unrestrained, immoral, maintainer of house of

prostitution.
A. Dissolute
B. Prostitutes
C. Ruffians
D. Vagrants
Answer:
1. D
2. A
3. C
4. B
5. A
6. A
7. C
8. C
9. D
10. A
Heinous Crimes Act Of 1993

R.A. No 7659
The Crimes Punishable by death are:
1. Treason
2. Qualified Piracy
3. Qualified Bribery
4. Parricide
5. Murder
6. Infanticide - however,if any crime penalized in this article be
committed by the mother of the child for the purpose of
concealing her dishonor, she shall suffer the penalty of prision
mayor in its medium and maximum periods, and if said crime be
committed for the same purpose by the maternal grandparents or
either of them, the penalty shall be reclusion temporal.
7. Kidnapping and Serious Illegal Detention
8. Robbery - when by reason or on occasion of the robbery, the crime
of homicide shall have been committed, or when the robbery shall
have been accompanied by rape or intentional mutilation or arson.
9. Destructive Arson
10.Rape - a. committed with the use of deadly weapon or by two or
more persons.
b. when by reason or on the occasion of the rape, the
victim has become insane.
c. when the rape is attempted or frustrated and a
homicide is committed by reason or on the occasion
thereof.
11.Plunder
12.Violations of Dangerous Act
13.Carnapping
General rule: the death penalty shall be imposed in all cases upon
which it must be imposed under existing laws.
Exceptions: in which cases the penalty shall be reduced to reclusion

perpetua.
1. When the guilty person is below 18 years of age at the time of the
commission of the crime.
2. When the guilty person is over 70 years
Republic Act No. 8294

Law Penalizing Illegal Possession of Firearms
Persons Liable:
1. Any person who shall unlawfully manufacture, deal in, acquire,

dispose, or possess any low-powered firearm, part of firearm,
ammunition, or machinery, tool or instrument used or intended to
be used in the manufacture of any firearm or ammunition; The
owner, president, manager, director or other responsible officer of
any public or private firm, company, corporation or entity, who shall
willfully or knowingly allow any of the firearms owned by such firm,
company, corporation, or entity to be used by any person or
persons found guilty of violating the provisions of the preceding
paragraphs or willfully or knowingly allow any of them to use
unlicensed firearms or firearms without any legal authority to be
carried outside of their residence in the course of their
employment;
2. Any person who shall carry any licensed firearm outside his
residence without legal authority therefor;
3. Any person who shall unlawfully manufacture, assemble, deal in,

acquire, dispose or possess hand grenades, rifle grenades, and
other explosives or other incendiary devices capable of producing
destructive effect on contiguous objects or causing injury or
death to any person; Any person who shall unlawfully tamper,
change, deface or erase the serial number of any firearm and
4. Any person who shall unlawfully repack, alter or modify the

composition of any lawfully manufactured explosives.
Act
No other crime: Illegal possession only
Other Crime except homicide or Murder
Murder or Homicide
Rebellion or Insurrection, Sedition, or Attempted
Coup d' etat
What is the crime
Illegal possession
Crime Committed: Illegal possession is not a separate

offense nor is it aggravating. Offender is exonerated of Illegal possession
Murder or Homicide with special aggravating

circumstance of illegal possession
Rebellion or Insurrection, Sedition, or Attempted

Coup d' etat, Illegal possession is absorbed as an
element thereof
Unlicensed Firearms May Include

1. Firearms with expired license or
2. Unauthorized used of licensed firearm in the commission of the crime
People vs. Ladjaalam - (2000) The language of RA 8294 effectively

exonerates the accused of illegal possession, an offense which may carry a heavier penalty
than the other crime committed.Indeed, the accused may evade conviction for illegal possession
by committing a lighter offense like alarm and scandal.However, the wisdom of RA 8294
is not subject to the court's review.
Anti-Money Laundering Act Of 2001 R.A. NO. 9160
Money Laundering - is a crime whereby the proceeds of an unlawful

activity are transacted, thereby making them appear to have originated from legitimate sources.
Persons Liable:
1. Any person knowing that any monetary instrument or property
represents,involves or relates to, the proceeds of any unlawful
activity, transacts or attempts to transact said monetary
instrument or property.
2. Any person knowing that any monetary instrument or property
involves the proceeds of any unlawful activity, performs or fail to
perform any act as a result of which he facilitates the offense of
money laundering referred to in paragraph 1 above.
3. Any person knowing that any monetary instrument or property is
required under this act to be disclosed and filed with the
Anti-Money Laundering Council (AMLC) fails to do so.
Covered Transaction: Transaction in excess of P500,000. within one banking day.

Suspicious Transaction, Requisites:
1. Covered Institution
2. Regardless of amount and
3. Any of the following circumstances:
a. no economic justification
b. client not properly identified
c. amount not commensurate with financial capacity
d. structured to avoid reporting
e. deviation from client's profile or past transactions
f. unlawful activity under this act
g. similar or analogous
Unlawful Activity
1. Kidnapping for ransom
2. Comprehensive Dangerous Drugs Act of 2002 (Sec. 4,5,6,8,9,10,12,
14,15,16)
3. Anti-Graft and Corrupt Practices Act (Sec.3,par.B,C,E,G,H,I)
4. Plunder
5. Robbery and Extortion
6. Jueteng and Masiao punished as illegal gambling
7. Piracy on the High Seas
8. Qualified Theft
9. Swindling
10.Smuggling
11.Electronic Commerce Act of 2000
12.Hijacking and Other Violation Of RA 6235,Destructive and Murder,
including those perpetrated by terrorists against non-combatants
13.Securities Regulation Code of 2000
14.Offenses of similar nature punishable by foreign penal laws.
What is required to be reported?

Covered Institutions shall report to the Anti-Money Laundering Council
all covered transactions and suspicious transactions within 5 working days from the occurrence.
Authority to inquire into bank deposits

1. Court order upon showing of probable cause that the deposit is
related to an unlawful activity or a money laundering offense.
2. No court order required for the ff: unlawful activities:
a. Kidnapping for ransom
b. Comprehensive Dangerous Drugs Act of 2002, Hijacking and
other violations of RA 6235, Destructive and Murder, including
those perpetrated by terrorists against non combatants.
Prosecution of Money Laundering

1. Offender may be charged with and convicted of both money
laundering and the unlawful activity
2. Proceeding of unlawful activity shall be given precedence over the
prosecution for money laundering, without prejudice to freezing
and other remedies of this act.
Criminal Procedure
Introduction:
Etymology: Krimea [Greek]: meaning, “to charge a wrongdoing”
Criminal Procedure
The method prescribed by law for the apprehension and prosecution of persons accused of any criminal
offense, and their punishment, in case of conviction.
It is concerned with the procedural steps through which a criminal case passes, commencing with the initial
investigation of a crime and concluding with the unconditional release of the offender.
It is a generic term used to describe the network of laws and rules which govern the procedural
administration of criminal justice.
Criminal Jurisdiction
The authority to hear and decide a particular offense and impose punishment for it. It has three
requisites, namely:
Subject matter – cases of the general class where the proceedings in question belong as
determined by the nature of the offense and by the penalty imposed by law;
Territory – the geographical limits of the territory over which the court presides and where the
offense was committed; and Person of the accused – acquired thru: a) arrest
[with warrant or warrantless] or b) voluntary surrender.
I. Prosecution of Offenses
How instituted?
By filing the: 1) Complaint, or 2) Information.
Complaint
A sworn written statement charging a person with an offense
Executed and Subscribed by the O.P.A.O. [Offended Party, Any peace officer, or Other public
officer charged with the enforcement of the law violated].
May be filed in the prosecutors office or directly to the court
Information
1.An accusation in writing
2. Subscribed by the Prosecutor
3.Filed with the court
Both are:
1. In writing
2. In the name of the People of the Philippines
3. Directed against all persons who appear to be responsible for the offense involved.
Elements of a complaint or information:

1. Formal elements, and
2. Substantive elements.
It must be:
1. Sufficient in form, and
2. Sufficient in substance
Thus, under Section 14, of Rule 110, a complaint or information may be amended, in form and
in substance .
A complaint or information is sufficient in form if it states: [N.D.A.N.A.P.]

1. The Name of the accused
2. The Designation of the offense given by the statute
3. The Acts or omissions complained of as constituting the offense
4.The Name of the offended party
5. The Approximate date of the commission of the offense
6. The Place where the offense was committed.
A complaint or information is sufficient in substance if it doesn’t contain any of the defects

which is a ground for a motion to quash. (Section 3, Rule 117)
Note: A motion to quash, once granted, is equivalent to dismissal (but not acquittal).
Remedy if a complaint or information is defective:

I. If defective in form
a) court may dismiss the complaint or information motu propio or upon motion, or
b) accused may move for a BILL OF PARTICULARS
II. If defective in substance – No obligation is imposed on the judge to point out the duplicitousness
or other defect in the indictment on which an accused is being arraigned. It is for the accused to move
for a motion to quash on the ground that the complaint or information charges more than one offense,
under sanction of waiver and loss of ground of objection (Concurring opinion
of CJ Narvasa, People v. Bartulay, 192 SCRA 632)
Note: For certain classes of Actions, it is the tribunal having jurisdiction which automatically
determines whether or not the papers are in order before giving it due course, meaning, it satisfies
itself if the complaint or information is sufficient in form and in substance.
Examples:
Articles of Impeachment in an impeachment proceedings
Presidential Election Protest
This is not so in criminal proceedings. It is incumbent upon the accused to object on substantive
defects (People v. Bartulay, supra).
Query:
JP was charged for indiscriminate firing. He claimed that he has to fire his gun in self-defense because
there was an actual threat on his person and the firing of warning shots was reasonably necessary
in order to prevent or repel the unlawful aggression directed against him. Despite this, the fiscal went
on to file the information in court. May JP claim that the information, though sufficient in form,
is defective in substance? Why?
No. JP cannot claim that the information is defective in substance. This is so because “self-defense”
is not a ground for a motion to quash but a matter of defense. If proven, self-defense is a basis for
acquittal, not dismissal.
Any explanation or defense which the defendant may want to invoke can be properly raised
during trial (Galvez v. CA, 237 SCRA 685).
Distinction between Acquittal and Dismissal:

1. Acquittal is based on MERITS of the case (substantive) ex: accused A was found innocent
of killing B.
2. Dismissal is based on TECHNICALITY (procedural) ex: the crime has already prescribed.
Notes:
1. There are certain classes of offenses that cannot be prosecuted de officio – 1private offenses, i.e.
adultery, concubinage, etc. and 2private libels, i.e. defamation imputing private offenses.
2. For some offenses, there are conditions precedents before plaintiff can repair to the courts for
redress [i.e. those requiring mediation at the “lupong tagapamayapa”]. However, non-compliance
of this rule is not jurisdictional. The failure of the plaintiff to comply with the conciliation
requirement of Sec. 40 under the Local Government Code of 1991 does not affect the
Court’s jurisdiction if no timely objection is made [San Miguel Village School v. Pundogar,
173 SCRA 704, Bejar v. CA, 169 SCRA 566].
3. All criminal actions, whether commenced by filing of complaint or information, are under
the direct control of the prosecutor.
Queries:
I. A, B, C, D were charged with homicide. Preliminary investigation was conducted by the fiscal
who found sufficient evidence against all, but, according to his determination, D was the least guilty.
So the fiscal filed the information only against A, B, and C leaving out D whom he would utilize
as state witness. Is the fiscal correct?
Under the Rules of Court, the fiscal cannot exclude D without court approval. It would be a grave
abuse of discretion on the part of the court in not including D in the information because of the
prosecutors finding that there is sufficient evidence against all. There was no more necessity
to utilize D as a state witness.
Exeption:
Under the Witness Protection Act, the prosecutor has the discretion of discharging an accused as
a state witness and no court approval is necessary.
II. Is designation of the offense an essential element of the complaint or information?

Why? Give the exception, if any.
No. Because in case of conflict between the designation of the offense and the allegations,
the allegation prevails.
The exception is when the allegation is so ambiguous that it may be interpreted to mean either one
or another offense, then the designation of the offense is controlling (Case of US v. Dixon,
where the designation is for trespassing but the allegations indicates either trespassing or a
possible attempted rape).
II. Prosecution of Civil Action
Basis:
Art. 100, RPC - Every person criminally liable is also civilly liable
Generally, when a person commits a crime, he offends two entities, namely:

1) The State [whose laws he violated]; and
2) The individual [whose person, right, honor, chastity, or property was actually or directly injured
or damaged by the same acts or omissions].
Exception:
When the infraction falls under the class of offenses called victimless crimes like gambling, betting
on illegal cock fights, drug addiction, prostitution, etc. etc. under the theory that “the offender himself
is his own victim”.
Sec. 1, Rule 111 - When a criminal action is instituted, the civil action for the recovery of civil
liability is deemed instituted with the criminal action unless the offended party:
Waives the civil action;
Reserves the right to institute it separately; or
Institutes the civil action prior to the criminal action
Principle of proferrence of criminal action over civil action:
After the criminal action has been commenced, the separate civil action arising therefrom cannot
be instituted until final judgment has been entered in the criminal action.
If the criminal action is filed after the said civil action has already been instituted, the latter shall
be suspended in whatever stage it may be found before judgments on the merits xxx.
Reason for the rule:

Criminal action is based on an offense committed against the laws of the State while civil
action is based on an injury to individual rights. Public interest is superior over private one.
Exception to the rule of proferrence of criminal action over civil action

When the independent Civil Action is based on Articles 32, 33, 34 and 2176 of the Civil Code.
When there is a prejudicial question in the civil case that must be decided first before the criminal
action can proceed because the decision in the civil action is vital to the judgment of the criminal case.
Elements of Prejudicial Question:

The previously instituted civil action involves an issue similar or intimately related to
the issue raised in the subsequent criminal action, and
The resolution of such issue determines whether or not the criminal action may proceed.
Queries:
1. Nobern married Armie on 2005. On 2006, Nobern married X. On 2007, Armie filed a criminal
case for bigamy against Nobern. On 2008, X filed a civil case for annulment against Nobern
on the ground that their marriage was void ab initio for having been contracted during the subsistence
of Nobern’s prior marriage to Armie without X knowing it.
Is there a prejudicial question? Why?
2. Nobern married Armie on 2005. On 2006, Nobern married X because X threatened to kill him
unless he marries X. On 2007, Nobern filed an annulment against X on the ground of threat and
intimidation. On 2008, Armie filed a criminal case for bigamy against Nobern upon learning
of Nobern’s marriage to X.
Is there a prejudicial question? Why?
Note:
Prejudicial question is subject to the principle that he who comes into court must come with clean
hands. The accused cannot be permitted to use the law in order to frustrate the ends of justice.
Good faith or bad faith is important.
III. Preliminary Investigation

Defined
It is an inquiry or proceeding to determine whether there is sufficient ground to engender a
well-founded belief that a crime has been committed and the respondent is probably guilty thereof,
and should be held for trial.
When required?
Before the filing of complaint or information for an offense where the penalty prescribed by
law is imprisonment of at least 4 years, 2 months and 1 day, without regard to fine.
When NOT REQUIRED:

In cases where the penalty imposed by law is NOT at least 4 years, 2 month, & 1 day
In case of a valid warantless arrest [shall proceed in inquest]
Officers authorized to conduct PI

Provincial or City Prosecutors and their assistants;
National and Regional State Prosecutors; and
Other officers as may be authorized by law [COMELEC during Election Period, Ombudsman, etc.]
Note: Effective 2004, judges of the lower court canno longer conduct Preliminary Investigations.
Rules:
1. The complaint must be sufficient in form [See notes in Prosecution of Offenses, supra]
2. Supported by affidavits of the complainant and his witnesses
3. Numbers of copies are proportionate to the number of respondents plus 2 official copies
1. Within 10 days after the filing, fiscal determines if there is prima facie case. If no –
dismiss. If yes – issue subpoenas.
2. Within 10 days after receipt of subpoena with the complaint and supporting affidavits and documents –
respondent submits counter affidavits.
3. In case respondent cannot be subpoenaed or does not submit counter affidavit within 10 days –
investigating officer resolves the complaint on the basis of evidence presented by complainant.
Clarificatory hearing – if there are facts and issues to be clarified from a party or witness - within 10
days after submission of counter affidavit. No direct examinations. Questions must be addressed to
the fiscal.
Resolution – within 10 days after the investigation.

Forwarding of fiscals’ resolution to superiors – within 5 days
Superiors shall act on the resolution – within 10 days
IV. Arrest
Defined:
1. [Based on Rules of Court] The taking of a person in custody in order that he may be bound to
answer for the commission of an offense (Sec. 1, RRC)
2. [Based on Jurisprudence] A restraint on person, depriving one of his own will and liberty,
binding him to become obedient to the will of the law (Larrañaga v. CA, 92 SCAD 605)
How made:
As to the manner of enforcement, by:

1) Actual restraint, or
2) Submission to the custody of the person making arrest
As to the presence or absence of judicial order:

1) By virtue of a warrant, or
2) Warrantless arrest, in cases allowed by the Rules
As to the person arresting:

1) Arrest by peace officer, or
2) Citizens arrest
When warrantless arrests allowed:
1. Inflagrante Delicto arrest – when in his presence, the person to be arrested has:
Committed
Is actually committing an offense
Is attempting to commit
Translation: In flagrante delicto [latin] – Literally, “caught in the act of wrong”.
2. Hot Pursuit arrest – when an offense has Ajust been committed and Bhe has probable
cause to believe based on personal knowledge of facts or circumstances that the person arrested has
committed it.
Tests in determining probable cause based on personal knowledge:
Must be based on the senses, i.e. 1) Sight

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

2) When the giving of info will imperil the arrest
II. Without warrant, by an officer and by private persons:
Inform the person of 1) authority and cause of arrest [if person arresting is police officer] or 2)
intent to arrest and cause [if person arresting is private person]
Unless when the person to be arrested is either:

1) Engaged in the commission of the offense
2) Is pursued immediately after its commission
3) Has escaped, flees or forcibly resist before the officer or the private person making the
arrest has the opportunity to inform him of 1 & 2, or
4) When the giving of info would imperil the arrest
Tests in determining lawfulness of USE OF LETHAL FORCE by the arresting officer:
1) Test of reasonability – conduct of the arresting officer is examined.

Where the precipitate action of the arresting officer resulted in the loss of a human life and there
exists no circumstances whatsoever justifying the shooting of a person who is asleep, even if he
is a notorious criminal – condemnation, and not condonation should be the rule
(People v. Oanis, 74 Phil. 257).
2) Test of necessity – conduct of the person arrested is examined.

Where the arrested person attempts to flee, struck a policeman with his fists, draw a mess knife
and attacked another policeman, the arresting officer is not required to afford him a fair
opportunity for equal struggle. A police officer, in the performance of his duty, must stand
his ground and cannot, like private individual, take refuge in flight. His duty requires him to
overcome the offender (US v. Mojica, 42 Phil 784).
V. Bail
Kinds of bail bonds:

1. cash bond
2. property bond
3. surety bond
4. recognizance
Defined:
The security given for the release of a person in custody of the law, furnished by him or a
bondsman, to guarantee his appearance before any court as required under the conditions of law.
Generally:
The right to bail only accrues when a person is under custody. Court must have jurisdiction
over the person of the accused either thru: 1) arrest, with or without warrant, or 2) voluntary surrender.
Exception:
When the person under investigation cannot personally appear because he is hospitalized
but applies for bail through his counsel, he is deemed to be under the constructive custody
of the law (Dinapol v. Baldado, 225 SCRA 110, Paderanga v. CA, 247 SCRA 741).
Where to apply?
In the court where the case is pending (if not yet filed, may be filed before any court).
Conditions for bail:

See Sec. 2, Rule 114
Bail, a matter of right:

1. Before or after conviction by MTC, MTCC or MCTC
2. Before conviction by RTC of an offense not punishable by death, reclusion temporal,
or life imprisonment
Bail, a matter of discretion:
1. Upon conviction of RTC of an offense not punishable by death, reclusion perpetua, or

life imprisonment.
2. Before conviction for capital offenses [punishable by death], or an offense punishable by reclusion
perpetua or life imprisonment, when evidence of guilt is not strong. (Bail is neither a matter of right
nor a matter of discretion only in cases where the evidence of guilt is strong).
Bail granted in capital offenses despite findings that evidence of guilt is strong (Cited in Cruz,
Constitutional Law, 2003 Ed.):
De la Rama v. Peoples Court, 77 Phil. 461 – accused was granted bail due to tuberculosis
that requires confinement to the hospital.
People v. Sison, GR 398, September 19, 1946 – humanitarian reasons considered by SC.
Notes:
1. The right to bail flows from the presumption of innocence. This is so because accusation is
not synonymous with guilt.
2. In deportation proceedings, bail is not a matter of right but of discretion on the part of the
Commissioner of Immigration and Deportation (Harvey v. Defensor-Santiago, 162 SCRA 398).
3. Bail is not available to military facing court martial proceedings (Commendador v. De Villa,
200 SCRA 80).
4. I extradition proceedings, bail may be granted provided the accused undertake to submit
himself to the jurisdiction of the court and provided further that he is not a flight risk
(Govt. of Hong Kong v. Judge Olalia, 2007)
VI. Rights of the accused
Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals,
or good customs or prejudicial to a third person with a right recognized by law (Art. 6, NCC).
In all criminal prosecutions, the accused shall be entitled to the following rights:
Key: [PIPTEC CoSpA]
P – resumed innocent
I – nformed of the nature of the cause and accusation
P – resent in person and by counsel
T – estify in his own behalf
E – xempt from being compelled to be a witness against himself
C – onfront witnesses
C – ompulsory process to secure attendance of witnesses and production of other evidence
S – peedy, impartial and public trial
A – ppeal
1) To be presumed innocent until the contrary is proved beyond reasonable doubt.
Hierarchy of proof [according to degree of persuasiveness]:

Absolute certainty – ultimate truth [not required in any legal proceeding]
Moral certainty – passed the test of human experience [i.e., guilt beyond reasonable doubt, conclusive
presumptions]
Relative certainty – so called because a higher degree of proof exists [i.e., preponderance of
evidence, probable cause, substantial evidence, disputable or prima facie presumptions]
Notes:
The starting point is the presumption of innocence (See: Section 3, Par. (a), Rule 131, RRC)
It is incumbent upon the prosecution to demonstrate culpability. The burden of proof lies in the
prosecution. Unless guilt beyond reasonable doubt is established, the accused need not prove
his innocence.
Burden of proof – the duty of the affirmative to prove what it alleges.

(Africa, The Art of Argumentation and Debate).
Absolute certainty is not demanded by the law to convict but only moral certainty.
2) To be informed of the nature and cause of the accusation against him.
Essential to avoid surprise and to afford him the opportunity to prepare his defense accordingly.
Arraignment serves this purpose by informing him why the prosecuting arm of the state is mobilized
against him.
An accused cannot be convicted of an offense unless it is clearly charged in the compliant
or information. Basic rule – you cannot prove what you did not allege.
3) To be present and defend in person and by counsel at every stage of the proceedings,
from arraignment to promulgation of judgment.
Express or Implied waiver is renunciation to be present on that particular date only.

Escape of the accused is waiver by implication to be present on said date and all subsequent trial dates.
[Fact of escape made his failure unjustified because he has, by escaping, placed himself
beyond the pale and protection of the law (People v. Salas 143 SCRA 163, cited in Cruz,
Constitutional Law, 2003 Ed.)].
Right to counsel is right to effective counsel. It is not enough to simply appoint a counsel de officio.
Counsel must have no conflict of interest. Thus, a fiscal cannot be appointed as counsel de officio.
When an accused is represented by a fake lawyer who pretended to be a member of the bar,
his right to counsel is violated, unless the accused voluntarily chose him knowing him
to be a non-lawyer.
4) To testify as a witness in his own behalf but subject to cross-examination on matters
covered by direct examination. His silence shall not in any manner prejudice him.
5) To be exempt from being compelled to be a witness against himself.
Right to testify in his own behalf:

Once exercised, the accused is subject to limited cross-examination.
If not exercised, no inference of guilt can be derived from his silence alone.
Right against self incrimination:

Intended to shield the guilty & imprudent as well as the innocent & farsighted.
Based on public policy and humanity, otherwise, the accused will be placed on the strongest
temptation to commit perjury.
Notes:
A. Prohibition covers 1testimonial compulsion and 2the production of the accused of incriminating
documents and articles demanded from him.
B. Does not include compulsion to 1submit fingerprints, 2photograph, 3blood or urine samples,
and 4others requiring a mere mechanical act on the part of the accused [Villaflor v. Summers,
41 Phil. 64, US v. Tan Teng, 23 Phil. 145, Schemerber v. California, US L.Ed. 2d 908,
89 S CT No. 658].
6) To confront and cross-examine the witnesses against him at the trial.
Reasons:
To meet the witness face to face (Bill of Rights, 1987 Constitution)
To enable the court to judge the truthfulness, deportment, and the appearance of the witness
while testifying (US v, Javier, 37 Phil 449).
Effect of absence of right to cross examine:

When there is express or implied waiver – no effect
In the absence of waiver – testimony of the witness cannot be considered as complete
and therefore cannot form part of the evidence against the accused.
Effect when witness dies:

Before he could take witness stand – inadmissible
After giving his direct testimony but before cross examination – Gen. rule: inadmissible.
Exception: where the adverse party was given adequate opportunity but failed to cross
examine due to his own fault
After the defense conducted cross examination – admissible
7) To have compulsory process issued to secure the attendance of witnesses and production o
f other evidence in his behalf.
“Compulsory process” refers to the issuance of the court of:

Sub-poena – for the attendance of witnesses
Sub-poena duces tecum – for the production of documents
Notes:
A. If a sub-poena or sub-poena duces tecum is issued and the person named in the sub-poena refuses
to appear or refuses to produce the required documents without justifiable reasons – court has
the power to declare that person in contempt and may order his arrest. [People v. Montejo,
21 SCRA 722].
B. The coercive powers of the court must be employed in order to give meaning to this right.
8) To have speedy, impartial and public trial.
Speed:
Justice delayed is justice as denied
Impartiality:
Every party litigant is entitled to nothing less than the cold neutrality of an impartial court
(Macalintal v. Judge Teh, 280 SCRA 623).
Public trial:
So that the public may see that he is fairly dealt with and not unjustly condemned in case of conviction.
So the public may know of the fact or the basis of his innocence in case of acquittal.
Note: “Public trial” and “Trial by publicity” are two different things. They are not the same.
There should be a public trial, not trial by publicity.
9) To appeal in all cases allowed and in the manner prescribed by law.
The right to appeal is a statutory right but withdrawal of this right, in the absence of a valid waiver,
constitutes a denial of due process guaranteed by the Constitution (Cruz, Constitutional Law, 2003 Ed.).
It is not a natural right or inherent one. The party who seeks to avail of the said right must
comply with the requirements of the Rules. Otherwise, the right to appeal is lost (People v. Sabellano,
198 SCRA 196)
VII. Arraignment and Plea

Arraignment: The initial step in a criminal prosecution whereby the defendant is brought before
the court to hear the charges and to enter a plea (Black’s Law Dictionary).
Venue for Arraignment and Plea:

Before the court where the complaint or information was filed or is assigned for trial.
Purpose of arraignment [Key: FIG] (14 Am. Jur., p. 939, GV Jacinto, Crim. Proc.)
1) To fix the identity of the accused

2) To inform him of the charge
3) To give the accused an opportunity to plead
Note:
In order for the Court to “acquire” complete jurisdiction over the person of the accused,
arraignment is essential. Unless this procedure is completed, the court cannot commence
trial in absentia.
Procedure:
Arraignment must be made in open court by the judge or the clerk
Accused must be furnished with a copy of the complaint or information
Complaint or Information must be read in a language or dialect known to him
Accused must be present
Accused must personally enter his plea
I. If under preventive detention

Raffle of case and transmittal of records – within 3 days
Arraignment – within 10 days from the date of raffle
Pre trial conference – within 10 days after arraignment
II. If not under preventive detention

General rule – within 30 days from the date the court acquires jurisdiction
Exception – a shorter period is provided by special law or SC Circular
Rules in entering a plea:

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

1. Sworn written statement charging a person with an offense,
subscribed by the offended party, any peace officer or other
public official charged with the enforcement of the law violated.
A. Information
B. Complaint
C. Affidavit
D. Memorandum
2. Accusation in writing charging a person with an offense,

subscribed by the fiscal and filed with the court.
A. Information
B. Complaint
C. Affidavit
D. Memorandum
3. ____and____ courts gain jurisdiction over the offense upon

the filing of complaint by a complainant or an information by
the prosecuting officer.
A. MTC and CA
B. MTC and SC
C. MTC and SB
D. MTC and RTC
4. Jurisdiction of the court over the offense is determined

A. At the time of the institution of the action
B. At the time of the arrest of the accused
C. At the time of voluntary surrender of the accused
D. At the time of the commission of the offense
5. Which of the following is false.

A. A complaint is a sworn statement
B. Information must be sworn to
C. Information is filed with the court
D. A complaint is subscribed by the offended party, any
peace officer or other officer charged with
the enforcement of the law violated
6. Remedies of offended party when fiscal unreasonably

refuses to file an information or include a person therein
as an accused.
A. In case of grave abuse of discretion, action for mandamus
B. Lodge a new complaint against the offenders
C. Take up matter with the Secretary of Justice
D. All of the above
7. In Municipal Trial Courts and Municipal Circuit Trial Courts

criminal actions are instituted by
A. By filing a complaint with the appropriate officer for the
purpose of conducting requisite preliminary investigation
therein.
B. By filing the complaint ONLY with the office of the fiscal
C. By filing the complaint or information directly with said
courts, or a complaint with the fiscal’s office
8. Which of the following offenses is subject to summary

procedure.
A. Violation of traffic laws
B. Violation of municipal or city ordinance
C. Violation of rental laws
D. All of the above
9. In criminal cases covered by the rules on summary procedure
shall be deemed commenced only when it is filed in
A. The Prosecutor's office
B. Lupon of the Barangay
C. The Court
10. The filing of the complaint even with the fiscal’s office
should suspend the running of the Statute of Limitations.
This is
A. True
B. False
C. Partially false
11. Information may be amended as to the name of the

accused, but such amendment cannot be questioned for
the first time on appeal.
A. True
B. Partially true
C. False
D. Partially false
12. Conviction for robbery cannot be sustained if there is a

variance between the allegation and the proof as to the
ownership of the property stolen.
A. True
B. False
C. Partially false
D. Partially true
13. If facts do not completely allege all the elements of the

crime charged, the info may be quashed; however, the
prosecution is allowed to amend the info to include the
necessary facts.
A. True
B. Partially true
C. False
D. Partially false
14. Information need only allege facts, not include all the
evidence which may be used to prove such facts
A. True
B. False
C. Partially true
D. Partially false
15. Approximation of time is sufficient; amendment as to time
is only a formal amendment; no need to dismiss case.
A. True
B. False
C. Partially true
D. Partially false
16. Qualifying and inherent aggravating circumstances need

to be alleged as they are integral parts of the crime.
If proved, but not alleged, become only generic
aggravating circumstances.
A. True
B. False
C. Partially true
D. Partially false
17. Conviction may be had even if it appears that the crime

was committed not at the place alleged, provided that the
place of actual commission was within the court’s
jurisdiction and accused was not surprised by the variance
between the proof and the information.
A. True
B. False
C. Partially true
D. Partially false
18. In which of the following cases may only the offended

spouse may file the complaint.
A. Rape
B. Seduction
C. Adultery and Concubinage
D. Acts of lasciviousness
19. Defined as the joinder of separate and distinct offenses in

one and the same information/complaint
A. Motion to Quash
B. Duplicity of offense
C. Double Jeopardy
20.The civil action involves an issue similar or intimately

related to the issue raised in the criminal action.
A. Duplicity of offense
B. Double Jeopardy
C. Prejudicial question
Answer: Criminal Procedure
1. B
2. A
3. D
4. A
5. B
6. D
7. C
8. D
9. C
10. A
11. A
12. A
13. A
14. A
15. A
16. A
17. A
18. C
19. B
20. C
Criminal Procedure Reviewer 2

Complaint - is a sworn written statement charging a person with an
offense,subscribed by the offender party,any peace officer,or other
public officer charged with the enforcement of the law violated.
Information - is an accusation in writing charging a person with an offense subscribed by

the prosecutor and filed with the court.
Criminal Action - One by which the State prosecutes a person for

an act/omission punishable by law.
Criminal Jurisdiction - Authority of the court to hear and try a

particular offense and to impose the punishment provided by law.
Duplicity of offenses -The information must charge only one offense.
Private Crimes – Those which cannot be prosecuted except

upon complaint filed by the aggrieved/offended party.
Restitution - Returning of the thing itself, with allowance for
deterioration or diminution of value.
Reparation - Payment of damage caused,taking into consideration

the sentimental value of the thing to the injured party.
Indemnification - Payment of consequential damages suffered by

the injured party, his family or a 3rd person by reason of the crime.
Prejudicial Question - That which arises in a case the resolution of

which is a logical antecedent of the issue involved therein, and the
cognizance of which pertains to another tribunal.
Preliminary Investigation - An inquiry/proceeding to determine

Whether or Not (WON) there is sufficient ground to engender a
well-founded belief that a crime has been committed and the
respondent is probably guilty thereof, and should be held for trial.
Probable Cause - it is the existence of such facts and

circumstances as would excite the belief, ina reasonable mind
acting on the facts within the knowledge of the prosecutor, that the
person charged was guilty of the crime for which he was prosecuted.
In Flagrante Delicto – Literally, caught in the act of committing a

crime. When the person to be arrested has committed, is actually
committing or is attempting to commit an offense in the presence
of the peace officer or private person who arrested him.
Arrest - is the taking of a person into custody in order that that he

may be bound to answer for the commission of an offense.
Illegal Arrest - If the arrest of a person is not justified by any of the instances of a
warrantless arrest under Rule 113, Sec. 5.
The fact that the person arrested did not actually commit the crime
does not render the arrest illegal.
Custodial Investigation - It involves the questioning initiated by law enforcement officers

after a person has been taken into custody or otherwise deprived of his freedom of action in
any significant way.
Re-Enactment – A demonstration by the accused of how he

committed the crime. It is a police contrivance designed to test the
truthfulness of the statements of the witness who had confessed to
the commission of the crime.
Bail - is the security given for the release of a person in custody

of the law,furnished by him or a bondsman,to guarantee his
appearance before any court as required under the conditions
of the bail.
Recognizance - Obligation of record, entered into before some

court or magistrate duly authorized to take it, with the condition to
do some particular act, the most usual condition in criminal cases
being the appearance of the accused for trial.
Property Bond – An undertaking constituted as a lien on the real

property given as security for the amount of the bail.
Cash Bond - Cash corresponding to the amount of bail fixed by the

court or recommended by the prosecutor who investigated or filed
the case.
Capital Offense - An offense which, under the law existing at the

time of its commission and of the application for admission to bail,
may be punished with death.
Motion To Quash (MTQ) - Formerly called a demurrer, it is a special

pleading, filed by the accused, which hypothetically admits the truth
of the facts spelled out in the complaint/information and sets up a
matter,which, if duly proved, would preclude further proceedings.
Prescription of the Crime - Loss/waiver by the state of its right to

prosecute a crime.
Prescription of the Penalty - Loss/waiver by the State of its right to demand service
of the penalty imposed.
Double Jeopardy - When a person is charged with an offense and

the case is terminated either by acquittal or conviction or in any
other manner without the express consent of the accused, the
latter cannot again be charged with the same or identical offense.
Provisional Dismissal - A case is dismissed without prejudice to its

being refiled or revived.
Deposition - Testimony of the witness that is taken upon oral

question or written interrogatories, in opencourt, in pursuance of
(1) a commission to take testimony issued by a court or (2) under
a general law or court rule on the subject, reduced to writing and
duly authenticated
Arraignment – The stage where the accused is formally informed of

the charge against him by reading before him the
information/complaint and asking him whether he pleads guilty or
not guilty.
Plea Bargaining - Process where the accused, the offended party

and the prosecution work out a mutually satisfactory disposition of
the case,subject to court approval.
Improvident Plea - Plea without proper information as to all the

circumstances affecting it; based upon a mistaken assumption or
misleading information/advice
Pre-Trial Order - Issued by the court after the pre-trial conference.
Trial - Examination before a competent tribunal of the facts put in

issue in a case, for the purpose of determining such issue.
Demurrer to Evidence - Objection by one of the parties to the effect that the evidence
which his adversary produced is insufficient in point of law, whether true or not, to make
out a case or sustain
the issue.
Rebuttal Evidence - Any evidence to explain, repeal, counteract or

disprove the adversary’s proof.
Sur-rebuttal Evidence - Proof to meet or refute those new matters

taken up by the adverse party during the rebuttal stage, or to clarify
matters that were beclouded or made ambiguous.
Judgment – The adjudication by the court that the accused is guilty

or not guilty of the offense charged and the imposition on him of
the proper penalty and civil liability, if any.
Opinion - Informal expression of the views of the court
Ratio Decidende - Provides for the basic reason for the judgment
Acquittal - A finding of not guilty based on the merits, either:

1) The evidence does not show that his guilt is beyond reasonable
doubt; or
2) A dismissal of the case after the prosecution has rested its case
and upon motion of the accused on the ground that the evidence
fails to show beyond doubt that accused is guilty.
Promulgation of Judgment -An official proclamation/ announcement of a judgment/order.

Judgment/sentence does not become a judgment/sentence in law
until:
1) Read and announced to the defendant; or
2) Has become a part of the record of the
court.
Sin Perjuico Judgment – Judgment without a statement of facts.
New Trial – A proceeding whereby errors of law or irregularities are

expunged from the record, or new evidence is introduced, or both
steps are taken.
Motion For Reconsideration OR New Trial (MFR/MNT) - New trial

and reconsideration are the same thing in criminal procedure
whether it be a first, second, new or an old trial. “New” refers to time and not to substance.
Newly Discovered Evidence - Evidence which could not, by the

exercise of due diligence, have been discovered before the trial in
the court below.
Appeal – A proceeding for review by which the whole case is

transferred to a higher court for a final determination.
Final Judgment — Judgment which would become final if no appeal
is taken.
Final Order — One which disposes of the whole subject matter or

terminates a particular proceeding/action, leaving nothing to be
done but to enforce by execution what has been determined.
Error Of Judgment – One which the court may commit in the

exercise of its jurisdiction.
Error Of Jurisdiction – It renders an order of judgment void or

voidable.
Notice Of Appeal – Written notice of intention to take appeal.
Appellant – The party appealing;
Appellee – The party adverse to the appellant.
Search Warrant - It is an order in writing; issued in the name of the

People of the Philippines; signed by a judge; and directed to a
peace officer, commanding him to search for personal property
described in the warrant and bring it before the court.
Probable Cause - Such reasons, supported by facts and
circumstances, as will warrant a cautious man in the belief that
his action, and the means taken in prosecuting it, are legally just
and proper.
Oath - Includes any form of attestation by which a party signifies

that he is bound in conscience to perform an act faithfully and
truthfully.
Searching Questions And Answers - Such questions as have the

tendency to show the commission of a crime and perpetrator
thereof.
Stop and Frisk — A limited protective search of outer clothing for

weapon.
Evidence
I. PRELIMINARY CONSIDERATION:
A. Importance of the study of Evidence in Law Enforcement:
As an element of our Criminal Justice System, it is the duty of every law enforcement
agencies to provide the prosecution with the materials and information (Evidence) necessary
in order to support conviction.
Every person is entitled to be presumed innocent of a crime or wrong, unless proven otherwise.
This is a prima facie presumption which must be overcome by proof beyond reasonable doubt.
B. Connecting the chain of events through Evidence during Trial:
Trial refers to “the examination before a competent tribunal, according to the laws of the land,
of the facts in issue in a cause, for the purposes of determining such issue”
(U.S. v. Raymundo, 14 Phil 416).
Evidence helps in the determination of Questions of Facts by helping the judge reconstruct
the chain of events from the conception up to the consummation of a criminal design.
C. Factum Probandum and Factum Probans
Factum Probandum – The ultimate facts to be proven. These are the propositions of law.
Examples:
• murder was committed thru treachery
• robbery was made through force upon things
Factum Probans – The evidentiary Facts. These addresses questions of fact.

Examples:
• exit wounds were in front indicating that victim was shot at the back
• destroyed locks indicative of force upon things
Thus, the outcome of every trial is determined by:
• Propositions of law, and

• Questions of fact.
D. Proof and Evidence
Evidence – the means to arrive at a conclusion. Under the Revised Rules of Court, evidence is defined as
“the means, sanctioned by the rules, for ascertainment in a judicial proceeding, the truth, respecting a
matter of fact”.
Proof – the result of introducing evidence. The establishment of a requisite degree of belief in the
mind of the judge as to the facts in issue. It refers to the accumulation of evidence sufficient to
persuade the trial court.
Quantum of evidence – the totality of evidence presented for consideration
Quantum of proof – refers to the degree of proof required in order to arrive at a conclusion.
Burden of evidence – the duty of a party of going forward with evidence.
Burden of proof – the duty of the affirmative to prove that which it alleges.
Variations on degrees of proof based on type of action:
1. Criminal Action – proof beyond reasonable doubt [that degree of proof which produces
conviction in an unprejudiced mind]
2. Civil Action – preponderance of evidence [evidence of greater weight or more convincing
than that which is offered to refute it]
3. Administrative Action – sufficiency of evidence [that amount of relevant evidence which a
reasonable mind might accept as adequate to justify a conclusion]
E. Exclusionary Rule. (Fruit of the poisonous tree doctrine)
Evidence ILLEGALLY OBTAINED are inadmissible for reasons of public policy. This is so
because of the constitutional requirement of due process. Due process has been defined as “the
law that hears before it condemns, which proceeds upon inquiry, and renders judgment only after
fair trial”.
As a result, jurisprudence has evolved a rule that renders inadmissible any evidence obtained in an
illegal search from being introduced in trial.
F. Principle of Chain of Custody of Evidence
If the evidence is of a type which cannot be easily recognized or can readily be confused or tampered
with, the proponent of the object must present evidence of its chain of custody. The proponent need
not negate all possibilities of substitution or tampering in the chain of custody, but must show that:
The evidence is identified as the same object which was taken from the scene;
It was not tampered with, or that any alteration can be sufficiently explained (i.e. discoloration due to the
application of ninhydrine solution, etc.); and
The persons who have handled the evidence are known and may be examined in court with regard
to the object.
II. GENERAL PROVISIONS:
A. Concepts of evidence:
1. It is a means of ascertainment – used to arrive at a legal conclusion

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

1) relevant to the issue [relevancy test], and
2) not excluded by the law or rules of court [competency test].
Note: To determine the relevancy of any item of proof, the purpose for which it is sought to
be introduced must first be known (There must be a formal offer).
Test of relevancy of evidence:
Whether or not the factual information tendered for evaluation of the trial court would be helpful in the
determination of the factual issue that is disputed.
When is evidence relevant?
When it has a relation to the fact in issue as to induce belief in it’s:

1) existence, or
2) non-existence
In other words, evidence is relevant when it is:
1) material, and
2) has probative value
What is meant by “probative value”?
It is the tendency of the evidence to establish the proposition that it is offered to prove.
“Collateral Matters” not admissible except when it tend in any reasonable degree to establish probability or
improbability of the fact in issue.
Collateral matters – matters other than the fact in issue and which are offered as a basis for inference
as to the existence or non-existence of the facts in issue.
Collateral matters are classified into:
1. Antecedent circumstances – facts existing before the commission of the crime [i.e. hatred, bad moral
character of the offender, previous plan, conspiracy, etc.]
2. Concomitant circumstances – facts existing during the commission of the crime [i.e. opportunity,
presence of the accused at the scene of the crime, etc.]
3. Subsequent circumstances – facts existing after the commission of the crime [i.e. flight,
extrajudicial admission to third party, attempt to conceal effects of the crime, possession of stolen
property, etc.]
Query: Is modus operandi an antecedent, concomitant or subsequent circumstance?
B. Judicial Notice, basis of:
Judicial notice is based on necessity and expediency. This is so because what is known need not
be proved.
Different kinds of judicial notices:
1. mandatory
2. discretionary
3. hearing required
C. Confession and Admission, distinguished:

Confession – an acknowledgement of guilt.
Admission – an acknowledgment of facts.
Different kinds of confession/admission:

1. Judicial
2. Extrajudicial
3. Oral
4. Written
5. Voluntary
6. Forced
Different kinds of evidence:

1. Relevant evidence – evidence having any value in reason as tending
to prove any matter provable in an action.
2. Material evidence – evidence is material when it is directed to prove a
fact in issue as determined by the rules of substantive law and
pleadings.
3. Competent evidence – not excluded by law.
4. Direct evidence – proves the fact in issue without aid of inference
or presumptions.
5. Circumstantial evidence - the proof of fact or facts from which, taken
either singly or collectively, the existence of a particular fact in dispute
may be inferred as necessary or probable consequence.
6. Positive evidence – evidence which affirms a fact in issue.
7. Negative evidence - evidence which denies the existence of a fact
in issue.
8. Rebutting evidence – given to repel, counter act or disprove facts
given in evidence by the other party.
9. Primary/Best evidence – that which the law regards as affording
the greatest certainty.
10. Secondary evidence – that which indicates the existence of a
more original source of information.
11. Expert evidence – the testimony of one possessing knowledge
not usually acquired by other persons.
12. Prima facie evidence – evidence which can stand alone to support
a conviction unless rebutted.
13. Conclusive evidence – incontrovertible evidence
14. Cumulative evidence – additional evidence of the same kind bearing
on the same point.
15. Corroborative evidence – additional evidence of a different kind
and character tending to prove the same point as that of previously
offered evidence.
16. Character evidence – evidence of a person’s moral standing or
personality traits in a community based on reputation or opinion.
17. Demeanor evidence – the behavior of a witness on the witness stand
during trial to be considered by the judge on the issue of credibility.
18. Demonstrative evidence – evidence that has tangible and
exemplifying purpose.
19. Hearsay evidence – oral testimony or documentary evidence which
does not derive its value solely from the credit to be attached to the
witness himself.
20.Testimonial evidence – oral averments given in open court by
the witness.
21. Object/Auotoptic proferrence/Real evidence – those addressed to
the senses of the court (sight, hearing, smell, touch, taste).
22. Documentary evidence – those consisting of writing or any material
of written expression offered as proof of its contents.
containing letters, words, numbers, figures, symbols or other modes
Best Evidence Rule:

When the subject of the inquiry is the contents of a document, no evidence shall be admissible other than the
original of the document.
For exceptions, see Sec. 3, Rule 130, Revised Rules of Court.
A document is legally considered “Original” when:

1. It is the subject of an inquiry
2. When in two or more copies executed at or about the same time, with identical contents.
3. When an entry is repeated in ordinary course of business, one being copied from another at
or near the time of the transaction.
Question: May a “fake” document be considered as “original” or “authentic”?
Yes. A forged or spurious document when presented in court for examination is considered as the
original fake/forged document. Thus, a mere photocopy of the allegedly forged or spurious document
is only secondary to the original questioned document.
Secondary Evidence
When the original document has been:
1. lost,
2. destroyed, or
3. cannot be produced in court.
The offeror without bad faith must:

1. prove its execution or existence, and
2. prove the cause of its unavailability.
Secondary evidence may consist of:

1. a copy,
2. recital of its contents in some authentic document, or
3. by testimony of witnesses.
When original document is in the custody of:

1. adverse party – adverse party must have reasonable notice to produce it. After such notice and s
atisfactory proof of its existence, he fails to produce it, secondary evidence may be presented.
2. public officer – contents may be proved by certified copy issued by the public officer in
custody thereof.
III. TESTIMONIAL EVIDENCE:
Qualifications of witnesses:
1. can perceive
2. can make known their perception to others
3. not disqualified by reason of mental incapacity, immaturity, marriage, privileged communications,
or “dead man’s statute”.
“Res Inter Alios Acta” Rule

General Rule: The rights of a party cannot be prejudiced by an act, declaration, or omission of another.
Exception:
1. admission by a co-partner or agent
2. admission by a conspirator
3. admission by privies
4. admission by silence
In the above cases, the admission of one person is admissible as evidence against another.
Testimonial Knowledge:
General Rule: A witness can testify only to those facts which he knows of his personal knowledge;
that is, which are derived from his own perception. Any statement which derives its strength from
another’s personal knowledge is hearsay, and is therefore inadmissible.
Exceptions:
1. Dying declarations (ante-mortem statements)
2. Declaration against interest
3. Act or declaration about pedigree
4. Family reputation or tradition regarding pedigree
5. Common reputation
6. Part of the res gestae
7. Entries in the course of business
8. Entries in official records
9. Commercial lists and the like
10. Learned treatises
11. Testimony or deposition at a former proceeding
12. Examination of child victim/witness in cases of child abuse
IV. BURDEN OF PROOF AND PRESUMPTIONS:
Burden of proof – the duty of a party to present evidence on the facts in issue necessary to establish
his claim or defense by the amount of evidence required by law.
Presumption – an inference as to the existence of a fact not actually known, arising from its usual
connection with another which is known or a conjecture based on past experience as to what course
human affairs ordinarily take.
2 kinds of presumptions:
1. Conclusive presumptions [jure et de jure] – based on rules of substantive law which cannot be
overcome by evidence to the contrary.
2. Disputable presumptions [prima facie presumptions, rebuttable presumptions] – based on
procedural rules and may be overcome by evidence to the contrary.
Kinds of Conclusive Presumptions:

1. Estoppel by record or judgment – the preclusion to deny the truth of matters set forth in a record,
whether judicial or legislative, and also deny the facts adjudicated by a court of competent jurisdiction
(Salud v. CA, 233 SCRA 387).
2. Estoppel by deed – a bar which precludes a party to a deed and his privies from asserting as against
the other and his privies any right or title in derogation of the deed or denying the truth of any material
fact asserted in it (Iriola v. Felices, 30 SCRA 202).
3. Estoppel in pais – based upon express representation or statements or upon positive acts or conduct.
A party cannot, in the course of litigation or in dealings in pais, be permitted to repudiate his
representation or occupy inconsistent positions.
4. Estoppel against Tenant – the tenant is not permitted to deny the title of his landlord at the time
of the commencement of the relation of landlord and tenant between them.
Note: For Kinds of disputable presumptions, see Sec. 3, Rule 131 of the Revised Rules of Court.
Presentation of Evidence:
The examination of witnesses presented in a trial or hearing shall be done is open court, and under oath or
affirmation. Unless the witness is incapacitated to speak, or the question calls for a different mode
of answer, the answer of the witness shall be given orally.
Rights and Obligations of witnesses:

1. To be protected from irrelevant, improper, or insulting questions,
and from harsh or insulting demeanor.
2. Not to be detained longer than the interest of justice requires.
3. Not to be examined except only as to matters pertinent to the
issue.
4. Not to give an answer which will tend to subject him to a penalty
for an offense unless otherwise provided by law.
5. Not to give an answer which will tend to degrade his reputation,
unless it be to the very fact at issue or to the fact from which the fact in issue would be
presumed, but a witness must answer to the
facts of his previous final conviction for an offense.
Order of Examination of individual witnesses:
Direct examination by the proponent
Cross examination by the opponent
Re-direct examination by the proponent
Re-cross examination by the opponent
Direct examination – the examination in chief of a witness by the party presenting him on the facts
relevant to the issue.
Cross examination – the examination by the adverse party of the witness as to any matter stated in
the direct examination, or connected therewith, with sufficient fullness and freedom from interest or bias,
or the reverse, and to elicit all important facts bearing upon the issue.
Re-direct examination – second questioning by the proponent to explain or supplement answers given
in the cross examination.
Re-cross examination – second questioning by the adverse party on matters stated on the re-direct and
also on such matters as may be allowed by court.
Different Types of Questions:

Leading questions –It is one where the answer is already supplied by the examiner into the mouth of the
witness. [Ex. You saw Jose killed Juan because you were present when it happened, didn’t you?]
Misleading question – a question which cannot be answered without making an unintended admission.
[Ex. Do you still beat your wife?]
Compound question – a question which calls for a single answer to more than one question. [Ex. Have you seen
and heard him?]
Argumentative question – a type of leading question which reflects the examiners interpretation of the
facts. [Ex. Why were you driving carelessly?]
Speculative question – a question which assumes a disputed fact not stated by the witness as true.
[Ex. The victim cried in pain, didn’t he?]
Conclusionary question – a question which asks for an opinion which the witness is not qualified
or permitted to answer. [Ex. Asking a high school drop-out whether the gun used is a
Cal. 45 pistol or 9mm pistol]
Cumulative question – a question which has already been asked and answered.
Harassing/Embarrassing question – [Ex. Are you a homosexual?]
Classes of Documents:
Documents are either public or private.
Public documents are:
1. The written official acts, or records of the official acts of sovereign authority, official bodies
and tribunals, and public officers, whether of the Philippines, or a foreign country.
2. Documents acknowledged before a notary public except last wills and testaments.
3. Public records (1) kept in the Philippines, or private documents (2) required by law to be
entered therein.
All other writings are private.
SOME USEFUL LATIN TERMS AND LEGAL MAXIMS:
Verba legis non est decendendum – from the words of the law there can be no departure.
Dura lex sed lex – the law may be harsh but it is the law.
Ignorantia legis neminem excusat – ignorance of the law excuses no one.
Ignorantia facti excusat – mistake of fact excuses.
Praeter intentionem – different from that which was intended.
Error in personae – mistake in identity.
Abberatio Ictus – mistake in the blow
Nulum crimen, nulla poena sine lege – there is no crime when there is no law punishing the same.
Actus non facit reum, nisi mens sit rea – the act cannot be criminal where the mind is not criminal.
Actus mi invictu reus, nisi mens facit reum – an act done by me against my will is not my act.
Mens rea – guilty mind.
Actus reus – guilty act.
Res ipsa loquitor – the thing speaks for itself.
Causa Proxima – proximate cause which produced the immediate

effect.
Prima facie – at first glance.
Locus Criminis – scene of the crime or crime scene.
Pro Reo – principle in Criminal Law which states that where the statute admits of several
interpretations, the one most favorable to the accused shall be adopted.
Res Gestae – the thing itself.
Falsus in unum, falsus in omnibus – false in one part of the statement would render the
entire statement false (note: this maxim is not recognized in our jurisdiction).
Evidence - Definition of Terms
Admissible evidence - Evidence that is both relevant and
competent.
Admissions - Any statement of fact made by a party against his

interest or unfavorable to the conclusion for which he contends
or is inconsistent with the facts alleged by him.
Best Evidence Rule - When the subject of inquiry is the contents

of a document, no evidence shall be admissible other than the
original document itself.
Burden of Proof - Duty of a party to present evidence on the

facts in issue necessary to establish his claim/defense by the
amount required by law.
Child Witness - Any person who at the time of giving testimony

is less than 18 years old.
Circumstantial Evidence - Proof of fact/s from which, taken

singly/collectively, the existence of the particular fact in
dispute may be inferred as a necessary/probable consequence.
It is evidence of relevant collateral facts.
Collateral Matters - Matters other than the fact in issue and which
are offered as a basis for inference as to the existence or
non-existence of the facts in issue.
Competence - Evidence is not excluded by law or Rules of Court.
Conclusive Evidence - That class of evidence which the law does

not allow to be contradicted.
Confession - A categorical acknowledgment of guilt made by an

accused in a criminal case without any exculpatory statement
or explanation.
Corroborative Evidence - Additional evidence of a different

character to the same point.
Cumulative Evidence - Evidence of the same kind and to the

same state of facts.
Direct Evidence - Proves the fact in dispute without aid of any

inference or presumption.
Documentary Evidence : Writings or any material containing

letters, words, numbers, figures, symbols or other modes of
written expression offered as proof of their content.
Electronic Data Message - Information generated, sent, received

or stored by electronic, optical or similar means
Electronic Document - Information or the representation of

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

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

conversations, text messages, chatroom sessions, streaming
audio, streaming video and other electronic forms of
communication the evidence of which is not recorded/retained.
Extra Judicial Admission - Any admission other than judicial.
Factum probandum – ultimate fact or the fact sought to be

established.
Factum probans – evidentiary fact or the fact by which the factum probandum is
to be established.
Judicial Admissions - Admissions, verbal or written, made by

the party in the course of the proceedings in the same case.
It requires no proof.
Negative Evidence - When witness states that he did not see or

know of the occurrence of a fact (total disclaimer of personal
knowledge).
Object Evidence - Directly addressed to the senses of the court.

Also called real evidence.
Parol Evidence Rule - Any evidence aliunde, whether oral or

written, which is intended or tends to vary or contradict a
complete and enforceable agreement embodied in a
document.
Pedigree - Relationship, family genealogy, birth, marriage,

death, the dates when and the places where these fast
occurred, and the names of the relatives. It also embraces facts
of family history intimately connected with pedigree.
Positive Evidence - When a witness affirms that a fact did or did

not occur (there is personal knowledge).
Preponderance of Evidence - The evidence adduced by one

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

to maintain the proposition affirmed.
Primary Evidence - (Best Evidence) - That which the law regards

as affording greatest certainty of the fact in question.
Proof Beyond Reasonable Doubt - That degree of proof which

produces conviction in an unprejudiced mind. It does not mean
such a degree of proof as, excluding the possibility of error,
produces absolute certainty. Only moral certainty is required
– that degree of proof which produces conviction in an
unprejudiced mind.
Relevance - Evidence has such a relation to the fact in issue as

to induce belief of its existence or non-existence.
Res Gestae - It literally means “Things done”.

1) Statements made by a person while a starting
occurrence is taking place or immediately prior
or subsequent thereto, with respect to the
circumstances thereof.
2) Statements accompanying an equivocal act
material to the issue, and giving it a legal
significance.
Res Inter Alios Acta - The rights of a party cannot be prejudiced

by an act/declaration/omission of another.
Secondary Evidence - (Substitutionary) - That which is inferior to

the primary evidence and is permitted by law only when the best
evidence is not available.
Substantial Evidence - The amount of relevant evidence which

a reasonable mind might accept as adequate to support a
conclusion.
Testimonial Evidence - Submitted to the court through the

testimony or deposition of a witness.
Criminal Jurisprudence Definition of Terms
Abandonment - a parent or guardian leaving a child without adequate supervision for the
child's needs for an excessive period.
Acquittal - a verdict after a trial that a defendant in a criminal case has not been proven guilty
beyond reasonable doubt of the crime charged.
Action - lawsuit brought by one or more individuals seeking redress for or prevention of a wrong
or protection of a right.
Actus reus - proof that a criminal act has occurred.
Adjudicated - settled in a court of law.
Adjudicated father - man determined by the court to be the father usually through a court action
and genetic testing.
Adjudication - giving or pronouncing a judgment or decree;also the judgment given.Decision

made by a court or administrative agency with respect to a case.
Administrative documentation - records such as case-related conversations, evidence receipts,

description of evidence packaging and seals, and other pertinent information.
Administrative review - an evaluation of the case report and supporting documentation for consistency
with laboratory policies, editorial correctness and compliance with the submission request.
Admissible - evidence that can be legally and properly introduced in a civil or criminal trial.
Adoption - legal proceeding in which an adult takes as his/her lawful child an individual usually
a minor who is not the adoptive parents or natural offspring.
Adversary system - trial methods in which opposing parties are given full opportunity to present
and establish their evidence and to test by cross-examination the evidence presented by their
adversaries under established rules of procedures before an impartial judge.
Affidavit - a sworn statement by a witness.
Affirmative defense - without denying the charge, defendant raises extenuating or mitigating
circumstance such as insanity, self-defense, or entrapment to avoid civil or criminal responsibility.
Affirmed - in the practice of the appellate court, the word means that the decree or order at issue is
declared valid and will stand as rendered in the lower court.
Amicus curiae - friend of the court, a person who petitions the court for permission to provide
information to the court on a matter of law that is in doubt or one who is not a party to a lawsuit
but who is allowed to introduce evidence, arguments or authority to protect one's interest.
Appeal - a request by the losing party in a lawsuit that the judgment be reviewed by a higher
court. Request to a higher court to change the decision of a trial court, usually appeals are made
and decided on questions of law only.Issues of fact are left to the trial judge discretion.
Arraignment - in a criminal case, the proceeding in which an accused person is brought before a
judge to hear the charges filed against him or her and to enter a plea of guilty or not guilty.
Arrest - process of taking a person into custody.
Assault - intentional display of force that would give the victim reason to fear or expect immediate
bodily harm.
Attest - to bear witness; to affirm as true or genuine.
Attorney-at-law - an officer in a court of justice who is employed by a party in a case to manage

it for him.
Bail - money or security given to secure a person's release from custody which is at risk should he/she
subsequently fail to appear before the court.
Bail bond - the obligation signed by the accused to secure his/her presence at the trial which he/she
may lose by not properly appearing for trial.
Bailiff - a court attendant who keeps order in the court room.
Bar - the term means the whole body of lawyer's.Historically, the partition separating the general
public from the space occupied by the judge's, lawyer's, and other participants in a trial.
Battered woman syndrome - a collection of symptoms that are manifest in women who have s
uffered prolonged and extensive abuse from their spouses.
Beyond reasonable doubt - the standard in a criminal case requiring that court be satisfied to a moral
certainty that every element of a crime has been proven by the prosecution, all reasonable doubt are
removed from the mind of the ordinary person.
Bill of Particulars - a statement used to inform the defense of the specific occurrences intended to be
investigated in trial and to limit the course of evidence to the particular scope of the inquiry.
An amplification of the pleading.
Booking - the process of photographing, fingerprinting, and recording identifying data of a

suspect following arrest.
Brief - a written statement prepared by one side in a lawsuit to explain to the court its view of
the facts of a case and the applicable law.
Brutalization - the proposition that the use of capital punishment actually increases the crime rate
by sending a message that it is acceptable to kill those who have wronged us.
Capital crime - a crime punishable by death.
Case law - law created as a by-product of a court decisions made in resolving unique disputes as
distinguished from statutory law.
Case records - all notes, reports, custody, records, charts, analytical data, and correspondence
generated pertaining to a particular case.
Caveat - a warning; a note of caution.
Certification - procedure by which a certifying body formally recognizes that a body or person
complies with given qualifications.
Chambers - a judge's private office.
Child abuse - act of commission that is not accidental and that harms or threatens to harm
a child's physical or mental health or welfare.
Child neglect - failure of a parent or other person legally responsible for a child's welfare to
provide for the child's basic needs and a proper level of care with respect to food, clothing, shelter,
hygiene, medical attention , or supervision.Child neglect is an act of omission.
Circumstantial evidence - that evidence that only suggests an association with a past occurrence.
Any evidence in a case for which an inference is needed to relate it to the crime.
Not observed by an eyewitness. Fact from which another fact can be reasonably inferred
Civil commitment - the legal proceeding by which a person who is mentally ill and imminently
dangerous is involuntarily committed to a psychiatric hospital.
Closing argument - also known as final argument, attorney's final statement to the court summing
up the case and the points points proven as well as those points not proven by opposing counsel.
Common law - body of law based on judicial decisions (precedents or customs and usage) generally
derived from justice, reason and common sense rather than legislative enactments.
Competency - possession of characteristics that qualify a witness to observe, recall, and testify
under oath; personal qualification of the witness to give testimony which differs from the witness
ability to tell the truth.
Complainant - the party who complain or sues, one who applies to the court for legal redress, also
called the plaintiff.
Concur - to agree with the judgment of another.When one court concurs with another, it agrees
with or follows the precedent set by that court's decision.
Concurrent sentence - sentences for more than one violation that are to be served at the same
time rather that one after the other.
Confession - an oral or written statement acknowledging guilt.
Consent search - exception to the requirement for a search warrant; written or oral permission
is required from a person with authority to give it.
Conspiracy - a combination of two or more person whose purpose is to commit unlawful or

criminal act or to commit a lawful act by criminal means.
Contempt of court - willful disobedience of a judge's command or of an official court order.
Continuance - court order that postpones legal action, such as a court hearing until later time.
Conviction - a judgment of guilt against a criminal defendant.
Corpus delicti - the proof that a crime has been committed, consisting of two components
1. that each element of the crime be satisfied
2. that someone is responsible for inflicting the injury or loss sustained.
- Body of the crime.
Court martial - military tribunal that has jurisdiction over offenses against laws of the service
in which the member is engaged.Military status is not sufficient,the crime must be service connected.
Court order - directive issued by the court, and is enforceable as law; written command
or directive given by the judge.
Court of Appeals - a court that hears an appeal after a trial court has made a judgment.
Criminal prosecution - process that begins with the filing of charges against a person who has
allegedly violated criminal law and includes the arraignment and trial of the defendant.
Criminal prosecution may result in fine, restitution, imprisonment, or probation.
Cross-examination - the questioning of a witness produced by the other side.
Custody hearing - legal process, usually in family and juvenile court, to determine who has the right
Damages - money awarded by a court to a person injured by the unlawful act or negligence of
another person.
Dauber test - a standard for determining the reliability of scientific expert testimony in court
currently adopted by many jurisdictions.Five factors are utilized to assess the scientific theory or
technique testing of theory, use of standards and control, peer review, error rate, and acceptability
in the relevant scientific community.
Decision - the judgment reached or given by a court of law.
Default judgment - a decision of the court against the defendant because of failure to respond to
a plaintiff's action.
Defendant - in a civil case, the person being sued. In a criminal case, the person charged with a crime.
Deposition - oral or written testimony under oath but outside the court room.
Detention - temporary confinement of a person by a public authority.
Diminished capacity - a variation of the insanity defense that is applicable if the defendant lacks
the ability to meaningfully premeditate the crime.
Direct evidence - proof of facts by witnesses who saw acts done or heard words spoken as
distinguished from circumstantial or indirect evidence.Information offered by witnesses who
testify about their own knowledge of the facts.
Direct examination - the first questioning of witnesses by the party in whose behalf they are called.
Direct questions - queries that are phrased in a positive and confident manner, are stated clearly
and address the topic in a forthright manner.
Discovery - a pre-trial procedure by which one party can obtain vital facts and information material
to the case to assist in preparation for the trial.The purpose of discovery is to make for a fair trial and
to allow each party to know what document and information the opponents has in its possession.
Dismissal - action by the court that removes the court's jurisdiction over a given case.
Diversion - the process of removing some minor criminal, traffic or juvenile cases from the full
judicial process on the condition that the accused undergo some sort of rehabilitation or make
restitution for damages.Diversion may take place before the trial or its equivalent.
Docket - a list of cases to be heard by the court.
Double jeopardy - putting a person on trial more than once for the same crime.
Dying declaration - a statement made just prior to death with the knowledge of impending
death.Also called ante-Morten statement.
Element of a crime - specific factors that define a crime, every element of which the prosecution
must prove beyond a reasonable doubt in order to obtain a conviction.
Entrapment - an act by enforcement agencies that lures an individual into committing a crime
not otherwise contemplated for the purpose of prosecuting him/her.
Evidentiary standards - guidelines used in examining evidence to determine whether it has been l
egally collected and whether it is factual and legally proves or is relevant to the case being heard.
Ex-parte order - an order issued by a judge on its own.
Exclusionary rule - the rules that defines whether evidence is admissible in a trial.
Exigent circumstances - exception to the requirement for a search warrant when there is no time
to get a warrant and failure to search will lead to destruction or concealment of evidence, injury
to police or others, or escape of the suspect.
Expert testimony - statements given to the court by witnesses with special skills or knowledge in
some arts, science, profession, or technical area.Experts educate the court by assisting it in
understanding the evidence or in determining an issue of fact.
Expert witness - a legal term used to describe a witness who by reason of his/her special technical
training or experience is permitted to express an opinion regarding the issue or a certain aspect
of the issue that is involve in a court action.
Expunge - to strike out, obliterate, or mark for deletion from the court record.
Extradition - the process by which one state surrenders to another state a person accused or
convicted of a crime in the other state.
Felony - a crime of a graver nature than a misdemeanor, usually punishable by imprisonment
in a penitentiary for more than a year or a substantial fine.
Fence - a person in the business of buying stolen goods, usually for resale; to buy
or sale stolen goods.
Fraud - an intentional misrepresentation or deception employed to deprive another of property or a

legal right or to otherwise do them harm.
Frye standard - a set of standards set by the the court of appeals of the district of Columbia in 1923
in the U.S in Frye vs. the United states.The standards in general define when a new scientific test
should be admissible as evidence in the court system.
Frye test - a test emphasizing that the subject of an expert witness's testimony must conform to a
generally accepted explanatory theory.
Gag order - a trial judge's order to attorney's and witnesses not to talk to the press about the case.
Gault decision - land mark U.S. Supreme Court decision affirming that juveniles are entitled to
the same due process rights as adults the right to counsel, the right to notice of the charges, the right
to confront and cross-examine a witness, the right to remain silent, and the right to subpoena witnesses
in defense.
Habeas corpus - a writ that commands that a person be brought before a judge.A writ of habeas corpus
is a legal document that forces law enforcement authorities to produce a prisoner they are holding and to
legally justify his or her detention.
Hearing - judicial or legal examination of the issues of law and fact between the parties.
Hearsay - a statement made during a trial or hearing that is not based on the personal, first hand
knowledge of the witness.Statement made out of court and offered in court to support the truth of the
facts asserted in the statement.
Hearsay rule - the regulation making a witness's statement inadmissible if it is not based on personal
knowledge unless it falls within certain exceptions.
Holographic document - any document completely written and signed by one person.A holographic
may be probated without anyone having witnessed its execution.
Hostile witness - a witness whose testimony is not favorable to the party who calls him or her as
witness.
Immunity - grant by the court in which someone will not face prosecution in return for providing
criminal evidence.
Inadmissible evidence - the testimony/evidence that the judge rules as not proper and hence
instructs its disregard.
Incompetency - lacking the physical, intellectual,or moral capacity or qualification to perform a

required duty.
Indeterminate sentence - a sentence of imprisonment to a specified minimum and maximum
period of time, specifically authorized by statute, subject to termination by a parole board or
other authorized agency after the prisoner has served the minimum term.
Infraction - a violation of law not punishable by imprisonment.

Minor traffic offenses are generally considered infractions.
Injunction - a preventive measure by which a court orders a party to refrain from doing a particular act
.A preliminary injunction is granted provisionally until a full hearing can be held to determine if it
should be made permanent.
Interrogatories - set of specialized questions sent by one attorney to another concerning

requested information of their respective clients relevant to the case.
Judgement - the final disposition of a case.
Judgement,default - default judgment is rendered because of the defendant's failure to

answer or appear.
Judgement,summary - summary judgment is given on the basis of pleadings, affidavits, and

exhibits presented for the record without any need for a trial.It is used when there is no dispute as
to the facts of the case and one party is entitled to judgement as a matter of law.
Judicial review - authority of a court to review the official actions of other branches of government,
also the authority to declare unconstitutional the actions of other branches.
Jurisdiction - the nature and scope of a court's authority to hear or decide a case.Inherent power and
authority of a particular court to hear and determine cases.
Justice - fairness, providing outcomes to each party in line with what they deserve.
Juvenile - characteristic of youth, youth means under 18 years of age.
Juvenile court - a court which decides criminal charges brought against children under 18 years of age.
Leading question - a question that suggest the answer desired of a witness.A party generally
may not ask one's own witness leading questions, leading questions may be ask only of hostile
witnesses and on cross-examination.
Legal custody - right and responsibility to make the decisions regarding the health, education and
welfare of a child/person.
Liable - responsible or answerable for some action.
Litigation - a case, controversy, or lawsuit.

Malfeasance - the commission of an unlawful, wrongful act; any wrongful conduct that affects, i
nterrupts, or interferes with the performance of official duties.
Malpractice - improper or unethical conduct by the holder of a professional or official position.
Mass murder - a murder incident in which several victims are killed simultaneously or within a
relatively short period of time in the same general area.
Miranda warning - requirements that police tells a suspect in their custody of his/her constitutional
right before they questions him.Result of the Miranda vs. Arizona ruling.Law enforcement procedure that
forewarns suspects of their right to remain silent when in police custody.Violation of this right makes
the suspect's confession inadmissible in evidence.
Misdemeanor - criminal offenses considered less serious than felonies.Misdemeanor are generally
punishable by fine or a limited local jail term in the local jail.
Mistrial - a trial that is terminated before its normal conclusion and declared invalid prior to judgment.
Mitigating circumstance - factors such as age, mental capacity, motivation, or duress which lessens
the degree of guilt in a criminal offense and thus the nature of the punishment.
M'naghten rule - the test applied for the defense of insanity.Under this test, an accused is not
criminally responsible if suffering from a mental disease or defect at the time of committing the
act and not understanding the nature and quality of the act or that what was done was wrong.
Moot - is one not subject to a judicial determination because it involves an abstract question or a
pretended controversy that has not yet actually arisen or has already passed.
Motion - an application for a rule or order, made to a court or judge.An application to the court
requesting an order or a rule in favor of the applicant.
Objection - the process by which one party takes exception to some statement or procedure.
An objection is either sustained or overruled by the judge.If the judge overrules the objection,
the witness may answer the question.If the judge sustain the objection, the witness may not answer
the question.
Omnibus hearing - hearing held in criminal court to dispose of appropriate issues such as whether
evidence is admissible before trial so as to ensure a fair and expeditious trial and avoid a multiplicity
of court appearances.
Opening statements - not part of the evidence, these orations made by the lawyers on each side
gives an overview of the evidence that will be presented during the trial.
Opinion - conclusion reported by a witness who qualified as an expert on a given subject.
Order - any written directive of a court or judge other than a judgment.

Order to show cause - order to appear in court and present reasons why a particular order should
not be executed.
Overrule - judge's decision not to allow an objection.Decision by a higher court finding that a
lower court
Pardon - a form of executive clemency removing or extinguishing criminal convictions.
Physical evidence - any tangible article that tends to prove or disprove a point in question.
Plain view - an exception to the requirement for a search warrant, when there is an evidence of
a crime in plain view by a person who sees it lawfully.
Plaintiff - the complaining party in litigation.
Plea - in a criminal proceeding, it is the defendant's declaration in open court that he or she is
guilty or not guilty.The defendant's answer to the charges made in the information.
Plea bargaining - the process through which an accused person and a prosecutor negotiate a
mutually satisfactory disposition of a case.
Preliminary hearing - in criminal law, the hearing at which a judge determines whether there is
sufficient evidence against a person charged with a crime to warrant holding him or her for trial.
Preponderance of evidence - the standard for a judgment in a civil suit, the evidence for one side
outweighs that of the other even a slight margin.
Presumption - an inference resulting from a rule of law or the proven existence of a fact that requires
such rule or action to be established in the action.
Pre-trial conference - a meeting between the judge and the lawyers involved in a lawsuit to narrow
the issues in the suit, agree on what will be presented at the trial and make a final effort to settle the
case without trial.
Prima facie evidence - evidence that, in the judgment of the law, is good and sufficient to establish
a given fact or a chain of facts making up a party's claim or defense.If such evidence is unexplained or
uncontradicted, it is sufficient to obtain a favorable judgment for the issue it supports, may be
contradicted by other evidence.
Probable cause - a reasonable ground for suspicion, supported by the circumstances sufficiently
strong to justify the issuance of a search warrant or to make an arrest.Reasonable ground for
believing that a crime has been committed or that the person committed the crime.
Prosecutor - a trial lawyer representing the government in a criminal case.

Protective custody - the confinement or guardianship of an individual by law enforcement w
ith the objective of preventing an assault or other crimes against him/her.
Public defender - (ex.PAO)government lawyer who provides free legal defense services to a
poor person accused of crime.
Putative father - a man accused but not proven to be the biological father of an offspring.
Quid pro Quo - something for something, as in making a deal (ex.plea bargaining)
Rape - sexual intercourse between a man and a woman without the women's consent.
Reasonable doubt - doubt that arises from evidence or lack thereof and would be entertained by a
reasonable or prudent person.Reasonable doubt requires acquittal.
Reasonable suspicion - a term referring to police officer's justification for stopping and frisking a
person.A mere hunch is not a reasonable suspicion.
Rebuttal - the presentation of evidence to counter or disprove facts previously introduced by the a
dverse party.
Recess - an adjournment of a trial or a hearing that is temporary and occurs after the commencement
of the trial.If there is going to be a substantial delay, it is called continuance.A temporary dismissal is
called sine die.
Record - document that furnishes objective evidence of activities performed or results achieved.
Recross - to cross-examine a witness a second time after redirect examination.
Re-direct examination - opportunity to present rebuttal evidence after one's evidence has been
subjected to cross-examination.
Redirect questioning - questioning by the original attorney that follows the opposing counsel's
cross-examination.
Release on recognizance - a court order releasing a defendant from custody on the defendant's
written promise to appear in court when the defendant's case is scheduled for hearing, trial or other
proceeding.A defendant who is released on recognizance is not required to deposit money or other
property with the court in order to be released.
Res gestae - all of the things done or words spoken in the course of the transaction or event;
A record of what was said or done in the first moments of an investigation.
Rest - a party is said o have rest its case when it has presented all of the evidence in intends to offer.
Robbery - felonious taking of another's property from his person or immediate presence and against
his will by means of force or fear.
Rules of evidence - standards governing whether evidence in a civil or criminal case is admissible.
Search and seizure - the body of law that covers the issue of examining a persons property with the
intention of finding evidence not in plain view (search) and taking possession of that property against
the will of its owner or possessor (seizure)
Sentence - a court's determination of the punishment to be inflicted on a person convicted of a crime.
Sentencing - last stage of criminal prosecution in which a convicted defendant is imprisoned, fined,
ordered to pay restitution, or granted a conditional release from custody.
Sequestration of witnesses - also called separation of witnesses, prevents a witness from being
influenced by the testimony of a prior witness.
Statute of limitation - the time within which a lawsuit must be brought ot the time within which
evidence must be analyzed.
Stipulation - an agreement by both sides of a case about some aspect of a lawsuit or criminal trial.
Subpoena - a written command summoning a specific individual to appear in court under penalty
for failure to do so.
Subpoena duces tecum - a court order commanding a witness to bring certain documents or records
to court.
Subrogation - substituting one creditor for another.
Summary judgment - decision made by a trial court based on written documentation submitted
before any trials occur.
Summons - a notice to the defendant that he/she has been sued and is required to appear in court.
Suppression hearing - a hearing before a judge, in which one of the attorney's argues that certain
evidence should not be admitted at trial.
Temporary restraining order - (TRO) a judge's order forbidding certain actions until a full hearing
can be heard.
Testimony - evidence given by a witness under oath. does not include evidence from documents and
other physical evidence.
Trial - judicial examination and determination of issues of law and fact disputed by parties to lawsuit.
Trial court - local court that initially hears all cases in dispute.
Validation - confirmation by examination and provision of objective evidence that the particular
requirements for a specific intended use are fulfilled.
Venue - synonymous with the place of trial.

Wanton - characterized by reckless disregard of consequences and the safety and welfare of others.
Warrant - a court order authorizing law enforcement officers to make an arrest or conduct a search.
Warrant of Arrest - an order issued by a judge for the arrest of a person.
Witness - one who testifies to what he/she has seen, heard, or otherwise experienced.
Writ - a mandatory precept issued by an authority in the name of the sovereign or the state for the
purpose of compelling a person to do something.
Criminal Jurisprudence Review Questions

1. Berto, with evident premeditation and treachery killed his father.
What was the crime committed?
A. Murder
B. Parricide
C. Homicide
D. Qualified Homicide
Answer: B
2. PO3 Bagsik entered the dwelling of Totoy against the latter’s will
on suspicion that Bitoy keep unlicensed firearms
in his home. What was the crime committed by PO3 Bagsik?
A. Trespass to Dwelling
B. Violation of Domicile
C. Usurpation Of Authority
D. Forcible Trespassing
Answer: B
3. Charlie and Lea had been married for more than 6 months.They
live together with the children of Lea from her first husband.
Charlie had sexual relation with Jane, the 14 year old daughter of
Lea.Jane loves Charlie very much.What was the crime committed
by Charlie?
A. Simple Seduction
B. Qualified Seduction
C. Consented Abduction
D. Rape
Answer: B
4. Prof. Jose gave a failing grade to one of his students, Lito. When
the two met the following day, Lito slapped
Prof. Jose on the face. What was the crime committed by Lito?
A. Corruption of Public Officials
B. Direct Assault
C. Slight Physical Injuries
D. Grave Coercion
Answer: B
5. A warrant of arrest was issued against Fred for the killing of his
parents. When PO2 Tapang tried to arrest him,Fred gave him 1
million pesos to set him free. PO2 Tapang refrained in arresting
Fred. What was the crime committed by PO2 Tapang?
A. Indirect Bribery
B. Direct Bribery
C. Corruption of Public Officials
D. Qualified Bribery
Answer: D
6. Which of the following is the exemption to the hearsy rule made

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

A. preponderance of evidence
B. ultimate fact
C. evidentiary fact
D. sufficiency of evidence
Answer: C
8. It refers to family history or descent transmitted from one

generation to another.
A. inheritance
B. heritage
C. pedigree
D. culture
Answer: C
9. The authority of the court to take cognizance of the case in the

first instance.
A. Appellate Jurisdiction
B. General Jurisdiction
C. Original Jurisdiction
D. Exclusive Jurisdiction
Answer: C
10.A person designated by the court to assist destitute litigants.

A. Counsel de officio
B. Attorney on record
C. Attorney at law
D. Special counsel
Answer: A
11. Which of the following is not covered by the Rules on Summary

Procedure?
A. Violation of rental laws
B. Violation of traffic laws
C. The penalty is more than six months of imprisonment
D. The penalty does not exceed six months imprisonment
Answer: C
12. It refers to a territorial unit where the power of the court is to

be exercised.
A. jurisdiction
B. jurisprudence
C. venue
D. bench
Answer: C
13.The Anti-Bouncing Check Law.

A. RA 6425
B. RA 8353
C. BP.22
D. RA 6975
Answer: C
14. The taking of another person’s personal property, with intent to

gain, by means of force and intimidation.
A. qualified theft
B. robbery
C. theft
D. malicious mischief
Answer: B
15. Felony committed when a person compels another by means of

force, violence or intimidation to do something against his will,
whether right or wrong.
A. grave threat
B. grave coercion
C. direct assault
D. slander by deed
Answer: B
16. These are persons having no apparent means of subsistence but

have the physical ability to work and neglect to apply himself or
herself to lawful calling.
A. Pimps
B. prostitutes
C. gang members
D. vagrants
Answer: D
17. A medley of discordant voices, a mock serenade of discordant

noises designed to annoy and insult.
A. Tumultuous
B. charivari
C. sedition
D. scandal
Answer: B
18. The unauthorized act of a public officer who compels another

person to change his residence.
A. violation of domicile
B. arbitrary detention
C. expulsion
D. direct assault
Answer: C
19. The deprivation of a private person of the liberty of another

person without legal grounds.
A. illegal detention
C. forcible abduction
D. forcible detention
Answer: A
20. An offense committed by a married woman through carnal

knowledge with a man not her husband who knows her to be
married, although the marriage can be later declared void.
A. concubinage
B. bigamy
C. adultery
D. immorality
Answer: C
21. Age of absolute irresponsibility in the commission of a crime.
A. 15-18 years old
B. 18-70 years old
C. 9 years old and below
D. between 9 and 15 years old
Answer: C
22. Those who, not being principals cooperate in the execution of

the offense by previous or simultaneous acts.
A. Accomplices
B. Suspects
C. principal actors
D. accessories
Answer: A
23. The loss or forfeiture of the right of the government to execute

the final sentence after the lapse of a certaintime fixed by law.
A. prescription of crime
B. prescription of prosecution
C. prescription of judgement
D. prescription of penalty
Answer: D
24. A kind of executive clemency whereby the execution of penalty

is suspended.
A. Pardon
B. commutation
C. amnesty
D. reprieve
Answer: D
25. Infractions of mere rules of convenience designed to secure a

more orderly regulation of the affairs of the society.
A. mala prohibita
B. mala in se
C. private crimes
D. public crimes
Answer: A
26. Felony committed by a public officer who agrees to commit an

act in consideration of a gift and this act is connected with the
discharge of his public duties.
A. qualified bribery
B. direct bribery
C. estafa
D. indirect bribery
Answer: B
27. The willful and corrupt assertion of falsehood under oath of

affirmation, administered by authority of law on a material matter.
A. libel
B. falsification
C. perjury
D. slander
Answer: C
28. Deliberate planning of act before execution.

A. Treachery
B. evident premeditation
C. ignominy
D. cruelty
Answer: B
29. Whenever more than 3 armed malefactors shall have acted

together in the commission of a crime.
A. gang
B. conspiracy
C. band
D. piracy
Answer: C
30. The failure to perform a positive duty which one is bound to.
A. Negligence
B. imprudence
C. omission
D. act
Answer: C
31. Ways and means are employed for the purpose of trapping and
capturing the law breaker in the execution of his criminal plan.
A. Misfeasance
B. entrapment
C. inducement
D. instigation
Answer: B
32. Those where the act committed is a crime but for reasons of
public policy and sentiment there is no penalty imposed.
A. impossible crimes
B. aggravating circumstances
C. absolutory causes
D. Complex Crimes
Answer: C
33. One of the following is an alternative circumstance.

A. Insanity
B. intoxication
C. passion or obfuscation
D. evident premeditation
Answer: B
34. If the accused refuse to plead, or make conditional plea of guilty,

what shall be entered for him?
A. a plea of not guilty
B. a plea of guilty
C. a plea of mercy
D. a plea of surrender
Answer: A
35. At what time may the accused move to quash the complaint or
information?
A. at any time before his arrest
B. only after entering his plea
C. any time before entering his plea
D. Monday morning
Answer: C
36. The process whereby the accused and the prosecutor in a

criminal case work out a mutually satisfactory
disposition on the case subject to court approval.
A. Arraignment
B. plea bargaining
C. preliminary investigation
D. trial
Answer: B
37. The security given for the release of a person in custody,

furnished by him or a bondsman, conditioned upon his
appearance before any court as required under the conditions
specified by law.
A. Subpoena
B. recognizance
C. bail
D. warrant
Answer: C
38. The examination before a competent tribunal, according to the
laws of the land, of the acts in issue in a case, for the purpose
of determining such issue.
A. Trial
B. Arraignment
C. pre-trial
D. judgment
Answer: A
39. The adjudication by the court that the accused is guilty or is not
guilty of the offense charged, and the imposition of the proper
penalty and
A. trial
B. Pre-trial
C. Arraignment
D. Judgment
Answer: D
40. It is an inquiry or proceeding for the purpose of determining

whether there is sufficient ground to engender a well founded
belief that an offense has been committed and the offender is
probably guilty thereof and should be held for trial.
A. pre-trial
B. arraignment
C. preliminary investigation
D. plea bargaining
Answer: C
41. It is evidence of the same kind and to the same state of facts.
A. secondary evidence
B. prima facie evidence
C. corroborative evidence
D. best evidence
Answer: C
42. It is that which, standing alone, unexplained or uncontradicted is

sufficient to maintain the proposition affirmed.
A. secondary evidence
B. prima facie evidence
C. corroborative evidence
D. best evidence
Answer: B
43. A form of evidence supplied by written instruments or derived
from conventional symbols, such as letters, by
which ideas are represented on material substances.
A. documentary evidence
B. testimonial evidence
C. material evidence
D. real evidence
Answer: A
44. When the witness states that he did not see or know the
occurrence of a fact.
A. positive evidence
B. corroborative evidence
C. secondary evidence
D. negative evidence
Answer: D
45. Personal property that can be subjects for search and seizure.
A. used or intended to be used as means in committing an
offense
B. stolen or embezzled and other proceeds or fruits of the
offense
C. subject of the offense
D. all of the above
Answer: D
46. All persons who can perceive and perceiving, can make known
their perception to others.
A. Suspects
B. witnesses
C. victims
D. informers
Answer: B
47. The unlawful destruction or the bringing forth prematurely, of

human fetus before the natural time of birth which results in
death.
A. abortion
B. infanticide
C. murder
D. parricide
Answer: A
48. Felony committed when a person is killed or wounded during the
confusion attendant to a quarrel among several persons not
organized into groups and the parties responsible cannot be
ascertained.
A. alarm and scandal
B. mysterious homicide
C. death under exceptional circumstances
D. tumultuous affray
Answer: D
49. A question which arises in a case the resolution of which is the

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

A. Spanish penal code
B. English penal code
C. American penal code
D. Japanese penal code
Answer: A
51. An act or omission which is a result of a misapprehension of facts

that is voluntary but not intentional.
A. impossible crime
B. mistake of facts
C. accidental crime
D. complex crime
Answer: B
52. Infanticide is committed by killing a child not more than….

A. 36 hours
B. 24 hours
C. 48 hours
D. 72 hours
Answer: D
53. Ignorance of the law excuses no one from compliance therewith.
A. ignorantia legis non excusat
B. parens patriae
C. res ipsa loquitur
D. dura lex sed lex
Answer: A
54. An act which would be an offense against persons or property if

it was not for the inherent impossibility of its accomplishment.
A. compound crime
B. impossible crime
C. complex crime
D. accidental crime
Answer: B
55. The law which reimposed the death penalty.

A. RA 5425
B. RA 8553
C. RA 7659
D. RA 8551
Answer: C
56. One who is deprived completely of reason or discernment and

freedom of the will at the time of the commission of the crime.
A. discernment
B. insanity
C. epilepsy
D. imbecility
Answer: D
57. The quality by which an act may be subscribed to a person as its

owner or author
A. responsibility
B. duty
C. guilt
D. imputability
Answer: D
58. Something that happen outside the sway of our will, and
although it comes about through some acts of our will,
lies beyond the bound s of humanly foreseeable consequences.
A. fortuitous event
B. fate
C. accident
D. destiny
Answer: C
59. A sworn written statement charging a person with an

offense,subscribed by the offended party, any peace
officer or other public officer charged with the enforcement of
the law violated.
A. subpoena
B. information
C. complaint
D. writ
Answer: C
60. This right of the accused is founded on the principle of justice

and is intended not to protect the guilty but to prevent as far as
human agencies can the conviction of an innocent person.
A. right to due process of law
B. presumption of innocence
C. right to remain silent
D. right against self-incrimination
Answer: B
61. Known in other countries as the body of principles,

practices,usages and rules of action which are not
recognized in our country.
A. penal laws
B. special laws
C. common laws
D. statutory laws
Answer: C
62. Circumstances wherein there is an absence in the agent of the

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

with the law, and hence, he incurs no criminal and civil liability.
A. exempting
B. alternative
C. justifying
D. aggravating
Answer: C
64. When the offender enjoys and delights in making his victim
suffers slowly and gradually, causing him unnecessary physical
pain in the consummation of the criminal act.
A. Ignominy
B. cruelty
C. treachery
D. masochism
Answer: B
65. One, who at the time of his trial for one crime shall have been
previously convicted by final judgment of another crime embraced
in the same title of the Revised Penal Code.
A. Recidivism
B. habitual delinquency
C. reiteracion
D. quasi-recidivism
Answer: A
66. Alevosia means

A. Craft
B. treachery
C. evident premeditation
D. cruelty
Answer: B
67. The law hears before it condemns, proceeds upon inquiry and
render judgment after a fair trial.
A. ex post facto law
B. equal protection of the law
C. rule of law
D. due process of law
Answer: D
68. A person if within a period of 10 years from the date of his

release or last conviction of the crime of serious or less serious
physical injuries, robbery, theft, estafa or falsification, he is
found guilty of any of the said crimes a third time or oftener.
A. Recidivist
B. quasi-recidivist
C. habitual delinquent
D. hardened criminal
Answer: C
69. A kind of evidence which cannot be rebutted or overcome.
A. Primary
B. Best
C. Secondary
D. Conclusive
Answer: D
70. A kind of evidence which cannot be rebutted or overcome.

A. Primary
B. Best
C. Secondary
D. Conclusive
Answer: D
71. These questions suggest to the witness the answers to which an

examining party requires.
A. leading
B. misleading
C. stupid
D. hearsay
Answer: A
72. A method fixed by law for the apprehension and prosecution of

persons alleged to have committed a crime, and
or their punishment in case of conviction
A. Criminal Law
B. Criminal Evidence
C. Criminal Procedure
D. Criminal Jurisprudence
Answer: C
73. The period of prescription of crimes punishable by death.

A. 20 years
B. 15 years
C. 10 years
D. 40 years
Answer: A
74. Persons who take direct part in the execution of a crime.

A. Accomplices
B. Accessories
C. Instigators
D. Principals
Answer: D
75. A crime against honor which is committed by performing any act
which casts dishonor, discredit, or contempt upon another
person.
A. libel
B. slander by deed
C. incriminating innocent person
D. intriguing against honor
Answer: B
76. The improper performance of some act which might lawfully be

done.
A. misfeasance
B. malfeasance
C. nonfeasance
D. dereliction
Answer: B
77. A sworn statement in writing, made upon oath before an

authorized magistrate or officer.
A. subpoena
B. writ
C. warrant
D. affidavit
Answer: D
78. Any other name which a person publicly applies to himself

without authority of law.
A. alias
B. common name
C. fictitious name
D. screen name
Answer: C
79. A special aggravating circumstance where a person, after having

been convicted by final judgment, shall commit a new felony
before beginning to serve such sentence, or while serving
the same.
A. quasi-recidivism
B. recidivism
C. reiteracion
D. charivari
Answer: A
80. Which of the following is not a person in authority?

A. Municipal mayor
B. Private School Teacher
C. Police Officer
D. Municipal Councilor
Answer: C
81. In its general sense, it is the raising of commotions or

disturbances in the State.
A. Sedition
B. Rebellion
C. Treason
D. Coup d’ etat
Answer: A
82. The length of validity of a search warrant from its date.

A. 30 days
B. 15 days
C. 10 days
D. 60 days
Answer: C
83. The detention of a person without legal grounds by a public

officer or employee.
A. illegal detention
C. compulsory detention
D. unauthorized detention
Answer: B
84. A breach of allegiance to a government, committed by a person

who owes allegiance to it.
A. treason
B. espionage
C. rebellion
D. coup d’ etat
Answer: A
85. A building or structure, exclusively used for rest and comfort.

A. sanctuary
B. prison
C. jail
D. dwelling
Answer: D
86. The mental capacity to understand the difference between right

and wrong.
A. treachery
B. premeditation
C. recidivism
D. discernment
Answer: D
87. Conspiracy to commit this felony is punishable under the law.

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

A. Aberratio Ictus
B. Error in Personae
C. Dura lex sed lex
D. Praeter Intentionem
Answer: A
90. A stage of execution when all the elements necessary for its
execution and accomplishment are present.
A. Attempted
B. Frustrated
C. Consummated
D. Accomplished
answer: C
91. An act or omission which is the result of a misapprehension of
facts that is voluntary but not intentional.
A. Absolutory Cause
B. Mistake of facts
C. Conspiracy
D. Felony
Answer: B
92. Crimes that have three stages of execution.

A. Material
B. Formal
C. Seasonal
D. Continuing
Answer: A
93. Felonies where the acts or omissions of the offender are

malicious.
A. Culpable
B. Intentional
C. Deliberate
D. Inculpable
Answer: B
94. It indicates deficiency of perception.

A. Negligence
B. Diligence
C. Imprudence
D. Inference
Answer: A
95. Acts and omissions punishable by special penal laws.

A. Offenses
B. Misdemeanors
C. Felonies
D. Ordinances
Answer: A
96. A character of Criminal Law, making it binding upon all persons
who live or sojourn in the Philippines.
A. General
B. Territorial
C. Prospective
D. Retroactive
Answer: A
97. A legislative act which inflicts punishment without judicial trial.

A. Bill of Attainder
B. Bill of Rights
C. Ex Post Facto Law
D. Penal Law
Answer: A
98. The taking of a person into custody in order that he may be

bound to answer for the commission of an offense.
A. Search
B. Seizure
C. Arrest
D. Detention
Answer: C
99. Pedro stole the cow of Juan. What was the crime committed?
A. Robbery
B. Farm Theft
C. Qualified Theft
D. Simple Theft
Answer: C
100.Pedro, a 19 year old man had sexual intercourse with her 11 year
old girlfriend without threat, force or intimidation. What was
the crime committed?
A. Child rape
B. Qualified Rape
C. Statutory Rape
D. None of these
Answer: C
Criminal Jurisprudence Reviewer 1

1. The SC ruled the illegally obtained evidence is inadmissible in state
criminal prosecutions in the famous case of
A. Miranda vs Arizona
B. Otit vs Jeff
C. Mapp vs Ohio
D. Milkey vs Wett
2. It is defined as a remedy or process by which a child born out of

lawful wedlock and are therefore considered illegitimate are by
fiction of law considered by subsequent valid marriage of the
parents.
A. Adoption
B. Legitimation
C. Foster parenting
D. Naturalization
3. What is the Latin term for criminal intent?

A. Mens Rea
B. Magna Culpa
C. Inflagrante Delicto
D. Mala Vise
4. What should be conducted in order to determine whether a case

falls under the jurisdiction of the regional Trial Court?
A. Inquest proceeding
B. Preliminary conference
C. Preliminary investigation
D. Search and Seizure
5. For offense falling under the jurisdiction of Municipal Trial Courts

and Municipal Circuit trial courts, prosecution is instituted
A. By filling a compliant with the Regional Trial Court

B. By filing a complaint directly with the court
C. By filling a complaint with the chief of Police in the
municipality
D. By filling a complaint with the fiscal for preliminary
investigation
6. Intervention of the offended party in the criminal action is not

allowed in the following instances EXCEPT:
A. when he has not waived the civil action
B. when he has file the civil action ahead of the criminal
C. when he has expressly reserved the right to institute
the civil action separately
D. when he has waived the civil action
7. The place of trial for a criminal action is cited

A. territory
B. action
C. jurisdiction
D. venue
8. The primary purpose of bail is

A. to protect the accused rights
B. to keep the accused in jail until trial
C. to punish the accused for the crime
D. to release the accused
9. The authority of the court to take cognizance of a case in the

first instance is known as:
A. original jurisdiction
B. appellate jurisdiction
C. general jurisdiction
D. delegated jurisdiction
10. "A" stabbed "B". "A" brought "B" to a hospital for medical
treatment.Had it not been the timely medical attendance. "B"
would have died.This is a case of
A. a physical injury
B. an attempted felony
C. a consummated felony
D. a frustrated felony
11. A person undergoing criminal investigation enjoys his three

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

not excluded by the rules on
A. Real evidence
B. Secondary evidence
C. Admissibility of evidence
D. Relevancy of evidence
13. What is the sworn written statement charging a person with an

offense, subscribed by the offended party, any peace officer or
other employee of the government or government institution in
change of the enforcement or execution of the law violated?
A. Deposition
B. Complaint
C. Police blotter
D. Information
14. Trial is allowed only after arraignment and the accused may waive
his right to appear at the trial except when his presence is
required for purposes of identification. This is the principle of trial
in __.
A. Substitution
B. Absentia
C. Re-assignment
D. Ordeal
15. A public officer or employee when NOT being authorized by

judicial order, shall enter a dwelling against the will of the owner
thereof is committing:
A. Legal entry
B. Violation of domicile
C. Illegal entry
D. Abatement
16. Intoxication when considered under the law is considered
A. Alternative Circumstance
B. Maladaptive Behavior
C. Delinquent act
D. Anti social Behavior
17. The adjudication by the court that the defendant is guilty or is

not guilty of the offense charged and the imposition of the
penalty provided by law on the defendant who pleads or is found
guilty thereof
A. judgment
B. false informant
C. information
D. admission
18. Is that which is not excluded by the law as tending to prove

a fact in issue
A. material evidence
B. relevant evidence
C. direct evidence
D. competent evidence
19. Any private person who shall enter the dwelling of another
against the will of the latter
A. none of these
B. trespassing to dwelling
C. light threats
D. usurpation
20. Are those acts and omissions committed not only by means of
deceit, but also by means of fault and are punishable by law.
A. Justifying circumstances
B. Felonies
C. Exempting circumstances
D. Attempted felony
21. Is committed whenever the offender commences the commission

of a crime directly by overt acts but does not perform all the acts
of execution which should produce the felony as a consequence
by reason of some cause or accident other than his own
spontaneous desistance.
A. Frustrated felony
B. Attempted felony
C. Consummated felony
D. Felony
22. Are those crimes committed against individuals, particularly
against their chastity, but which do not produce danger or
prejudice common to other members of society.
A. Private crimes
B. Public crimes
C. Felony
D. Infractions
23. Are those crimes committed against the society which produce
direct damage or prejudice common to all its members.
A. Private crimes
B. Public crimes
C. Felony
D. Infractions
24. One of the characteristics of criminal law, where penal laws do

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

Rafael Garofalo and Enrico Ferri, including Dr. Cesare Lombroso,
were the greatest exponents, that crime is considered as
essentially asocial and natural phenomenon.
A. Juristic or classical theory
B. Positivist or realistic theory
C. Punitive theory
D. Non- punitive theory
26. It is the Latin term referring to "caught in the act" of performing a

crime.
A. Nullum Crimen
B. Dura lex sed lex
C. Ignorancia lex excusat
D. none of these
27. Any act committed or omitted in violation of a public law

forbidding or commanding it.
A. legal act
B. Crime
C. Poena
D. Punishment
28. A rule of conduct, just, obligatory, enacted by legitimate
authority for the common observance and benefit.
A. Regulation
B. City Ordinance
C. Law
D. Lawful Act
29. The Latin term POENA means:

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

Criminal Jurisprudence Procedure 20

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Criminal Jurisprudence Procedure 20

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Criminal Jurisprudence and Procedure

The Board of Examiners for Criminologists in the Philippines is created for

Subjects Relative Weight

Criminal Jurisprudence and Procedure is further subdivided into:

2. Penalty: a guilty defendant pays the plaintiff for

Crimes are divided into 2 classes

 incarceration in jail or prison

Criminal law RPC (Book 1)

Characteristics of Criminal Law

General - binding on all persons who reside or sojourn in the

Note: Consuls, Vice Consuls, and other foreign

Territorial - Penal laws of the Philippines are enforceable only

Prospective - The law does not have any retroactive effect.

Exception to the Exception:

Theories of Criminal Law

2. Positivist Theory - basis is the sum of social and economic

3. Mixed Theory - combination of the classical and positivist

Construction of Penal Laws

Criminal Law Review Questions 1

2. One of the following is not a characteristic of criminal law.

3. Criminal law is binding on all person who reside or sojourn

4. One of the characteristics of criminal law is generality. Which

5. One of the following person is not immune from Philippine

6. Penal laws of the Philippines are enforceable only within

7. One of the following is not an exceptions to the territorial

8. Criminal law does not have any retroactive effect. This

9. When the law is favorable to the accused, is an exception

10. A Theory of criminal law, Basis is man's free will to choose

Criminal Law Review Questions 2

2. In the construction of penal laws, it must be ______________

3. Which of the following is not a limitation on power of

4. The Revised Penal Code took effect on

5. What determines whether a vessel is a Philippine vessel for

6. Crimes committed aboard foreign vessel within the territorial

7. Crimes committed aboard a foreign vessel within the

8. For Offenses committed aboard foreign vessel committed in

9. Acts and omissions punishable by the RPC is known as

10. Acts and omissions punishable by any law is known as

2. There is no crime when there is no law punishing it. In

3. These Felonies are committed by means of deceit (dolo).

4. These Felonies are committed by means of fault.

5. This classification of felony has the following requisites,

6. This classification of felony has the following requisites:

7. Which of the following is not a characteristics of an offense

8. Which of the following is not a characteristic of an offense

9. Moving power which impels one to act.

10. Purpose to use a particular means to effect a result.

Criminal Law Review Questions 4

3. In Criminal Law, Praetor Intentionem means

4. The cause which in the natural and continuous sequence,

5. Which of the following is not a requisites of an impossible

6. A Stage in the execution of felonies when all the elements

7. This Stage in the execution of felonies have the following

9. In the stages of execution of felonies, the element that all

10. Which of the following do not admit of frustrated and

2. The General Rule is that light felonies are punishable only

3. Two or more persons come to an agreement for the

4. A Person has decided to commit a felony and proposes its

5. Under the RPC , afflictive penalties are imposed for a

6. Under the RPC, Correctional penalties are imposed for a

7. Under the RPC, aresto menor is imposed for a

8. Light Felonies are punishable by

9. Where the act of a person is in accordance with law, such