Criminal Law (Book 1) (CLJ 3)

3.1 Recall the different characteristics of criminal law and the nature and elements of felony
including the concept of dolo and culpa, and the plurality of crimes.
I. Characteristics of Criminal Law
There are three (3) absolute characteristics you must memorize.

1. Generality
● Rule: Criminal law is binding on all persons who live or sojourn in the Philippines,
regardless of sex, age, nationality, or belief.
● Exceptions (Who is immune?):
○ Heads of State / Sovereigns.
○ Ambassadors / Diplomats (based on International Law).
○ Note: Consuls are not immune (their duties are commercial, not political).

2. Territoriality
● Rule: Criminal laws undertake to punish crimes committed within the Philippine
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Territory.
● Exceptions (Article 2 of RPC - Extraterritoriality):
Even if committed outside the PH, our laws apply if:
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1. Offense is committed on a Philippine ship or airship.
2. Forging/counterfeiting Philippine coins or currency.
3. Offense connected with the introduction of such securities into the PH.
4. Public officers committing an offense in the exercise of their functions (e.g.,
bribery of a PH consul abroad).
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5. Crimes against national security (e.g., Treason, Espionage).

3. Prospectivity (Irretrospectivity)
● Rule: A penal law cannot make an act punishable in a manner in which it was not
punishable when committed.
○ Nullum crimen, nulla poena sine lege (There is no crime when there is no law
punishing it).
● Exception (Retroactive Effect):
○ If the new law is favorable to the accused, it shall be given retroactive
effect.
○ Limitation: This does not apply if the accused is a Habitual Delinquent.

II. Nature and Elements of Felonies (Art. 3)

Definition: A Felony is an act or omission punishable by the Revised Penal Code (RPC).

Key Elements:
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1. Act (Physical deed) or Omission (Failure to perform a duty).
2. Punishable by law (Must be defined in the RPC).
 3. Culpability (Committed by means of Dolo or Culpa).

Board Exam Note:

● Punished by RPC = Felony

● Punished by Special Law (e.g., RA 9165) = Offense
● Punished by Ordinance = Infraction

III. Concept of Dolo vs. Culpa

Felonies are committed in two ways: Deceit (Dolo) or Fault (Culpa).

Feature Intentional Felony Culpable Felony (Culpa)

(Dolo)

Concept There is Malice (Intent to There is No Malice (Injury caused by

do harm). accident/fault).

Elements 1. Freedom 1. Freedom

2. Intelligence 2. Intelligence

3. Intent 3. Negligence/Imprudence (Lack of

Intent)

Examples Murder, Theft, Rape, Reckless Imprudence resulting in

Estafa. Homicide.

Key Distinctions:
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● Imprudence: Deficiency of action (lack of skill).
● Negligence: Deficiency of perception (lack of foresight).
● Mistake of Fact: This is a defense in Dolo. (e.g., Ah Chong Case - You killed
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someone thinking they were an intruder in self-defense, but it was your roommate).
There is no criminal intent here.
IV. Plurality of Crimes
This concept deals with "one or multiple acts" resulting in "one or multiple crimes."

1. Complex Crimes (Art. 48)

These are treated as a single crime to be favorable to the accused (only 1 penalty is
imposed—the penalty for the most serious crime in its maximum period).
● Compound Crime: A single act produces two or more grave or less grave
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felonies.
○ Example: Throwing one grenade that kills three people. (Direct Assault with
Multiple Murder).
● Complex Crime Proper: One offense is a necessary means for committing the
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other.
○ Example: Forging a document to cheat someone of money. (Estafa through
Falsification of Public Document).

2. Special Complex Crimes (Composite Crimes)

The law specifically bundles these crimes together with a specific title.
● Example: Robbery with Homicide, Rape with Homicide.
● Even if you kill 3 people during the robbery, the charge remains "Robbery with
Homicide" (Single crime), not "Robbery with Triple Homicide."

3. Continued Crime (Delito Continuado)

A series of acts arising from a single criminal resolution/impulse.
● Example: A thief enters a library and steals 10 books one by one over an hour.
● Verdict: This is one count of Theft, not 10 counts, because the intent was to empty
the shelf (single impulse).

4. Real Plurality (Material Crimes)

Different acts resulting in different crimes.
● Example: You shoot A today. You shoot B tomorrow.
● Verdict: Two separate crimes (2 counts of Murder). You will serve the penalty for
both.

3.2. Classify the participation of persons criminally liable for felonies including
conspiracy and proposal

I. Classification of Persons Criminally Liable

The law classifies offenders based on the degree of their participation.

1. Principals (The Main Actors) - Art. 17

These are the people primarily responsible for the crime. There are three (3) types:

● A. Principal by Direct Participation

○ Those who physically take a direct part in the execution of the act.
○ Example: Pedro shoots Juan. Pedro is the principal by direct participation.
 ● B. Principal by Inducement
○ Those who directly force or induce others to commit the crime.
○ Key Requirement: The inducement must be the determining cause (without
it, the crime would not have happened).
○ Example: Maria pays a hitman P100,000 to kill her husband. Maria is the
Principal by Inducement; the hitman is the Principal by Direct Participation.
● C. Principal by Indispensable Cooperation
○ Those who cooperate in the offense by another act without which it would
not have been accomplished.
○ Example: A bank treasurer who deliberately leaves the vault unlocked so
robbers can enter. Without the open vault, the robbery was impossible.

2. Accomplices (The Supporters) - Art. 18

● Definition: Those who cooperate in the execution of the offense by previous or
simultaneous acts, but are NOT indispensable.
● The "Litmus Test": If you remove their contribution, could the crime still be
committed?
○ YES: They are an Accomplice.
○ NO: They are a Principal by Indispensable Cooperation.
● Example: During a robbery, Juan holds a flashlight so the robbers can see better.
Even without the flashlight, they could have robbed the place (maybe just slower).
Juan is an Accomplice.

3. Accessories (The After-the-Fact) - Art. 19

● Definition: Those who act subsequent (after) to the commission of the crime. They
did not participate in the planning or execution.
● Liable Acts:
1. Profiting from the crime (e.g., Buying a stolen phone knowing it was stolen -
"Fencing").
2. Concealing the body or effects of the crime (e.g., Burying the murder
weapon).
3. Assisting the escape of the principal (e.g., Hiding the killer in their
basement).

Crucial Board Exam Exception (Article 20):

Relatives (Spouse, Ascendants, Descendants, Siblings) are EXEMPT from

criminal liability as Accessories IF their act was only to conceal the criminal or
assist in their escape.

● Reason: Blood is thicker than water. The law understands you will
protect your family.
● Note: This exemption does NOT apply if they profited from the crime.

II. Conspiracy and Proposal (Article 8)

This section deals with the "Meeting of Minds."

1. Conspiracy
● Elements:
○ Two or more persons come to an agreement concerning the commission of a
felony.
○ They decide to commit it.
 ● Effect: Once conspiracy is established, the act of one is the act of all.
○ Example: 4 people plan to rob a bank. Only 1 person enters to take the
money; the other 3 wait in the car. If conspiracy is proven, ALL 4 are liable as
Principals for Robbery.

2. Proposal
● Elements:
1. A person has decided to commit a felony.
2. He proposes its execution to some other person(s).
● Note: There is no conspiracy yet because the other person has not accepted.

3. Are Conspiracy and Proposal Punishable?

● General Rule: NO. Merely planning a crime is not a crime unless you actually start
doing it.
● Exception: They are punishable only when the law specifically punishes them.
○ Example: Conspiracy to commit Treason (Punishable).
○ Example: Conspiracy to commit Rebellion (Punishable).
○ Example: Conspiracy to commit Murder (NOT punishable as a separate
crime; you must wait for them to actually attempt the murder).

Summary Table for CLE Review

Role Timing of Act Importance of Act

Principal During / Before Essential / Direct / Inducing

Accomplice During / Before Non-Essential (Support only)

Accessory After Profiting / Concealing / Assisting Escape

3.3. Determine the stages of the commission of felony and its classification based on gravity,
and the graduated scale of penalties.

I. Stages of the Commission of a Felony (Article 6)

A crime does not always happen instantly. The law punishes offenders based on how
"complete" their crime was.

1. Attempted Stage
● Definition: The offender commences the crime directly by overt acts but does not
perform all the acts of execution due to a cause or accident other than his own
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spontaneous desistance.
● Key Elements:
 1. Overt Act: Physical action (not just planning).
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2. Incomplete: Not all acts were finished.
3. External Cause: Something stopped them (police arrived, gun jammed,
victim escaped).
● Crucial Note: If the offender stops voluntarily (Spontaneous Desistance), there is
NO attempted felony.

2. Frustrated Stage
● Definition: The offender performs all the acts of execution which would produce
the felony, but it does not result in the felony due to causes independent of the will
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of the perpetrator.
● Key Elements:
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1. Complete Acts: The offender did everything necessary.
2. No Result: The crime failed (e.g., victim did not die).
3. Independent Cause: Usually medical intervention or luck.

3. Consummated Stage
● Definition: All the elements necessary for its execution and accomplishment are
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present.
● Key Elements: The crime was successful (Victim died, item was stolen).

Board Exam Tip (Theft & Robbery):

There is NO Frustrated Theft or Robbery. Once the offender has full possession
of the item (even if they haven't left the building), it is Consummated.

II. Classification of Felonies Based on Gravity (Article 9)

Felonies are classified to determine the prescription period (expiration date of the crime) and
the general severity.

Classification Definition Penalty Prescription of Crime

Grave Felonies Serious crimes Capital punishment or 20 Years (Punishable by

punishable by penalties above 6 Death/Reclusion
severe years (Prision Mayor to Perpetua/Reclusion
penalties. Death). Temporal)

15 Years (Other afflictive

penalties)
 Less Grave Crimes 1 month & 1 day to 6 10 Years
Felonies punishable by years (Arresto Mayor to
correctional Prision Correccional).
penalties.

Light Felonies Minor 1 day to 30 days 2 Months

infractions. (Arresto Menor) or Fine
not exceeding P200
(Old RPC) / P40,000
(Adjusted).

III. The Graduated Scale of Penalties (Article 25 & 71)

You must memorize the duration of these penalties. This is often asked in "computation of
sentence" questions.

Scale No. 1: Deprivation of Liberty (Imprisonment)

Penalty Duration

Death Capital Punishment (Currently suspended in PH).

Reclusion Perpetua 20 years and 1 day to 40 years (indivisible).

Reclusion Temporal 12 years and 1 day to 20 years.

Prision Mayor 6 years and 1 day to 12 years.

Prision Correccional 6 months and 1 day to 6 years.

Arresto Mayor 1 month and 1 day to 6 months.

Arresto Menor 1 day to 30 days.

Note: Destierro (Banishment) is a penalty where the convict is not imprisoned

but is forbidden from entering a specific radius (25km) of the crime scene.
Scale No. 2: Restriction of Rights (Accessory Penalties)
These are usually attached to the imprisonment penalties but can be imposed separately.

1. Perpetual/Temporary Absolute Disqualification: Loss of right to vote, hold office,

etc.
2. Suspension: Temporary loss of office/right.
3. Civil Interdiction: Loss of parental authority, guardianship, and right to manage
property.
4. Public Censure: Administrative reprimand.

3.4. Apply the different circumstances affecting criminal liability

1. Justifying Circumstances (Article 11)

Concept: The act is deemed legal. There is no crime and no criminal.

● Effect: No Criminal Liability AND No Civil Liability.

● Key Phrase: "I did it, but it was lawful."

The 6 Justifying Circumstances:

1. Self-Defense:
○ Crucial Element: Unlawful Aggression. (Without this, there is no self-
defense).
○ Other Elements: Reasonable necessity of means employed; Lack of sufficient
provocation.
2. Defense of Relatives: Defending spouse, parents, children, or siblings.
3. Defense of Strangers: Defending a person you don't know (motivated by humanity,
not revenge).
4. Avoidance of Greater Evil (State of Necessity): You injure something/someone to
save yourself from a bigger disaster.
○ Example: Breaking a car window to pull a baby out of a burning car. (The
damage to the window is justified).
5. Fulfillment of Duty: A police officer shoots a suspect who is shooting at them.
6. Obedience to a Superior Order: A soldier following a lawful order from a
commander.

2. Exempting Circumstances (Article 12)

Concept: The act is illegal, but the person is excused due to lack of "intelligence,"
"freedom," or "intent."

● Effect: No Criminal Liability, BUT there is Civil Liability (must pay damages).
● Key Phrase: "I did it, but I didn't mean to/couldn't help it."

Key Exemptions:

1. Imbecility or Insanity:
○ Insane: Exempt unless acting during a "Lucid Interval" (moment of sanity).
2. Minority (Under R.A. 9344 - JJAWA):
○ 15 years old and below: Absolutely Exempt.
○ Above 15 but under 18: Exempt unless acted with Discernment.
3. Accident: Performing a lawful act with due care, but causing injury by accident.
4. Compulsion of Irresistible Force: Being physically forced to commit a crime (e.g.,
someone grabbing your hand and stabbing the victim).
5. Uncontrollable Fear: Acting under the threat of death (e.g., "Rob this bank or I kill
your family").
3. Mitigating Circumstances (Article 13)
Concept: The crime is committed, but the liability is reduced due to specific reasons.

● Effect: Lowers the penalty (e.g., Reclusion Temporal becomes Prision Mayor).

Common Examples:

1. Incomplete Justifying/Exempting: Example: You acted in Self-Defense, but the

"means employed" was not reasonable (you shot a guy who only slapped you).
2. Praeter Intentionem: No intention to commit so grave a wrong. (You punched
someone, they fell, hit their head, and died).
3. Passion or Obfuscation: Acting out of sudden jealousy or anger.
4. Voluntary Surrender: Surrendering before the warrant of arrest is served.
5. Voluntary Confession: Pleading guilty before the prosecution presents evidence.

4. Aggravating Circumstances (Article 14)

Concept: The crime is committed, and liability is increased due to the perversity of the
offender.

● Effect: Raises the penalty to the Maximum Period.

Types:

1. Generic: Applies to all crimes (e.g., Recidivism).

2. Qualifying: Changes the nature of the crime (e.g., Treachery changes Homicide to
Murder).

Common Examples:

● Treachery (Alevosia): Attacking when the victim cannot defend themselves (e.g.,
shooting from behind).
● Nighttime (Nocturnity): Purposely seeking darkness to commit the crime.
● Abuse of Superior Strength: Strong man vs. weak child.
● Evident Premeditation: Planning the crime days before (requires proof of planning).

5. Alternative Circumstances (Article 15)

Concept: Can be Mitigating OR Aggravating depending on the situation.

1. Relationship:
○ Mitigating: In crimes against property (Theft) among relatives.
○ Aggravating: In crimes against persons (Physical Injuries) among relatives.
2. Intoxication:
○ Mitigating: If not habitual and not intended to embolden the criminal.
○ Aggravating: If habitual or intentional.
3. Degree of Instruction:
○ Mitigating: Low education.
○ Aggravating: High education (used intelligence to trick the victim).

Summary Table for CLE Review

Circumstance Effect on Penalty Civil Liability? Example
 Justifying None (Legal Act) None Self-Defense

Exempting None (Excused Act) Yes Insanity / Accident

Mitigating Decreased Yes Voluntary Surrender

Aggravating Increased Yes Treachery / Nighttime

This is a high-yield topic for the Board Exam. You must distinguish between Total
Extinction (criminal liability is completely wiped out) and Partial Extinction (liability remains
but is reduced/modified).

These are found in Articles 89 and 94 of the Revised Penal Code.

3.5. Identify the various mode of extinction of criminal liability in a given scenario.

I. Total Extinction of Criminal Liability (Article 89)

When any of these happen, the state loses its right to punish the offender. The liability is
zero.

1. Death of the Convict

● Rule: Criminal liability is personal. If the offender dies, the jail sentence is
extinguished.
● Scenario: Pedro is on trial for Murder. Before the judge can issue a verdict, Pedro
dies of a heart attack.
○ Effect: The criminal case is dismissed immediately.
○ Civil Liability: Also extinguished IF he dies before final judgment. If he dies
after final judgment, the civil liability (money damages) passes to his
estate/heirs.

2. Service of Sentence
● Rule: You have paid your debt to society by serving your time in jail.
● Scenario: Juan was sentenced to 6 years. He has stayed in Bilibid for exactly 6
years.
○ Effect: He must be released. His liability is totally extinguished.

3. Amnesty
● Rule: A sovereign act of oblivion (forgetfulness) granted by the President with the
concurrence of Congress. It is usually for political crimes (rebellion, treason).
● Scenario: A group of rebels surrenders. The President issues a Proclamation
granting Amnesty, and the Senate/Congress approves it.
○ Effect: It is as if the crime was never committed. They are free.
4. Absolute Pardon
● Rule: An act of grace by the President. It does not require Congress.
● Scenario: The President decides to forgive a convict.
○ Effect: The convict is released. However, unlike Amnesty, the "stigma" of the
crime remains, and the right to hold public office is not automatically restored
unless specified.

5. Prescription of the Crime

● Rule: The State lost the time to file the case.
● Scenario: Pedro committed Libel (which prescribes in 1 year). The victim waited 2
years before filing the complaint.
○ Effect: The case is dismissed. The State was too slow.

6. Prescription of the Penalty

● Rule: The State lost the time to enforce the jail term (usually happens when a convict
escapes).
● Scenario: Pedro was convicted of Murder (20-year prescription of penalty). He
escaped jail and hid for 21 years without being caught.
○ Effect: He can show up publicly, and the police cannot put him back in jail.
His penalty has prescribed.

7. Marriage of the Offender with the Offended Party (Art. 344)

● Rule: In cases of Seduction, Abduction, and Acts of Lasciviousness, subsequent
marriage extinguishes liability.
● Rape (RA 8353): Marriage also extinguishes liability in Rape, provided the marriage
is valid and voluntary (not forced).
● Scenario: Pedro abducted Maria. While the case was ongoing, they fell in love and
got legally married.
○ Effect: The criminal case against Pedro is dismissed.

II. Partial Extinction of Criminal Liability (Article 94)

The liability is not gone, but the imprisonment is shortened or modified.

1. Conditional Pardon
● Rule: The President forgives the convict, but with conditions (e.g., "You are free, but
do not commit another crime").
● Scenario: If the convict breaks the condition (e.g., gets into a fight), he will be sent
back to jail to serve the remaining sentence.

2. Commutation of Sentence
● Rule: Changing the penalty to a lighter one.
● Scenario: The President changes a Death Sentence to Reclusion Perpetua (Life
Imprisonment).

3. Good Conduct Time Allowance (GCTA)

● Rule: Deductions from the prison term for good behavior.
● Scenario: For every month of good behavior, days are subtracted from the
sentence.

4. Parole
 ● Rule: Release of a prisoner who has served the minimum period of their
indeterminate sentence.
● Scenario: Sentence is 6 to 12 years. After serving 6 years, the Board of Pardons
and Parole releases the convict.

Board Exam Comparative Table: Amnesty vs. Pardon

This is a classic distinction you must memorize.

Feature Amnesty Pardon

Nature Political Act (Public) Private Act of President

Crimes Political Crimes (Rebellion, etc.) Common Crimes (Murder,

Covered Theft)

Approval Needs Congress concurrence Does NOT need Congress

Effect "Looks backward" (Abolishes the crime; "Looks forward" (Forgives the
as if it never happened). penalty only).

When Can be granted before or after trial. Only granted after final
Granted? conviction.

Scenario Application: Prescription

● Situation: Juan commits a light felony (prescribes in 2 months). The police discover
it but do nothing. Three months later, they try to arrest Juan.
● Defense: Juan's lawyer will file a Motion to Quash on the ground of Prescription of
Crime.
● Outcome: Total Extinction. Juan is free because the State "slept on its rights."

4.1. Analyze the elements of crimes against person specifically murder, homicide, parricide,
infanticide, rape, physical injuries and illegal discharge of firearms

I. The "Killing" Crimes (Hierarchy of Homicidal Crimes)

To classify a killing correctly, use the Process of Elimination in this order:

1. Parricide (Art. 246)

● The Key Element: Relationship.
● Elements:
 1. A person is killed.
2. The offender is the deceased’s:
■ Father, Mother, or Child (Legitimate or Illegitimate).
■ Ascendant or Descendant (Legitimate only).
■ Spouse (Must be Legitimate/Married).
● Board Exam Trap: If a boyfriend kills his girlfriend, or a husband kills his common-
law wife (live-in partner), it is NOT Parricide. It is Murder or Homicide.

2. Infanticide (Art. 255)

● The Key Element: Age of Victim.
● Elements:
1. A person is killed.
2. The victim is a child less than three (3) days old (less than 72 hours).
● Note: Even if the mother kills the child to hide her dishonor, it is still Infanticide
(though the penalty is lowered).

3. Murder (Art. 248)

● The Key Element: Qualifying Circumstances.
● Elements:
1. A person is killed.
2. It is NOT Parricide or Infanticide.
3. The killing is attended by any Qualifying Aggravating Circumstance:
■ Treachery (Alevosia) - Most common element.
■ Taking advantage of superior strength.
■ Evident premeditation.
■ Cruelty.
■ By means of fire, poison, explosion.

4. Homicide (Art. 249)

● The Key Element: "The Generic Killing."
● Elements:
1. A person is killed.
2. There is Intent to Kill.
3. It is NOT Parricide, Infanticide, or Murder. (Meaning, there was no treachery,
no qualifying circumstances, and no special relationship).

II. Illegal Discharge of Firearms (Art. 254)

This is often confused with Attempted Homicide. The difference is the Intent to Kill.

● Elements:
○ The offender discharges a firearm against or at another person.
○ The offender has NO intention to kill.
● Scenario: Pedro shoots at the feet of Juan just to scare him.
○ Verdict: Illegal Discharge of Firearms.
● Scenario: Pedro shoots at Juan's chest but misses.
○ Verdict: Attempted Homicide (because chest is a vital organ, implying intent
to kill).

III. Rape (Art. 266-A)

● Legal Basis: Amended by R.A. 8353 (The Anti-Rape Law of 1997).
 ● Reclassification: It is no longer a Crime Against Chastity; it is now a Crime Against
Persons.

Two Forms of Rape:

1. Rape by Sexual Intercourse:

○ Through force, threat, or intimidation.
○ When the woman is deprived of reason or otherwise unconscious.
○ By means of fraudulent machination.
○ When the victim is under 12 years old (Statutory Rape - consent does not
matter).
2. Rape by Sexual Assault:
○ Inserting an object or instrument into the genital/anal orifice.
○ Inserting the penis into the mouth (oral sex).

IV. Physical Injuries (Arts. 263-266)

If there is no intent to kill, and the victim does not die, the crime is Physical Injuries. The
classification depends on the healing period or the incapacity to work.

Crime Healing Period / Key Feature

Incapacity

Serious Physical More than 30 OR if the victim loses a body part (leg,
Injuries days eye), becomes insane, or becomes
deformed.

Less Serious 10 to 30 days Injury requires medical attendance for this

Physical Injuries period.

Slight Physical 1 to 9 days Minor bruises, scratches.

Injuries

Maltreatment None Physical assault without injury (e.g.,

slapping someone but leaving no mark).

Summary Scenario Drill

1. Scenario: Father kills his 2-day old illegitimate child.
○ Answer: Infanticide (Age trumps relationship here).
2. Scenario: Husband kills his legal wife because she burned the rice.
○ Answer: Parricide.
3. Scenario: Husband kills his live-in partner because she burned the rice.
○ Answer: Homicide (No marriage = No parricide).
4. Scenario: Man shoots his enemy in the back (treachery) and kills him.
○ Answer: Murder.
 5. Scenario: Man punches another, causing a black eye that heals in 5 days.
○ Answer: Slight Physical Injuries.

4.2. Differentiate the crimes against property specifically theft, robbery, brigandage, estafa
and malicious mischief and crimes against personal liberty specifically kidnapping and
serious illegal detention, unlawful arrest, threats and coercion

This module differentiates the crimes found in Title Ten (Crimes Against Property) and
Title Nine (Crimes Against Personal Liberty) of the Revised Penal Code.

These topics often appear in "Analyze the Scenario" questions in the Board Exam.

I. Crimes Against Property

The common element in most of these crimes is Intent to Gain (Animus Lucrandi). The
difference lies in the method of taking.

1. Theft (Art. 308)

● Concept: Taking someone’s property without violence, intimidation, or force upon
things.
● Key Elements:
○ Taking of personal property.
○ Property belongs to another.
○ Intent to gain.
○ Taking is without the owner's consent.
○ NO violence against or intimidation of persons, nor force upon things.
● Board Exam Note (Snatching):
○ If a thief snatches a bag quickly without the victim noticing or being hurt:
Theft.
○ If the victim holds on and they struggle/fight: Robbery.

2. Robbery (Art. 293)

● Concept: Taking property using force, violence, or intimidation.
● Two Types:
○ Robbery with Violence or Intimidation of Persons: (e.g., Pointing a gun,
punching the victim).
○ Robbery with Force Upon Things: (e.g., Breaking a wall, door, or window to
1
enter a building).
● Key Distinction: Breaking a car window to steal the stereo is Robbery (force upon
things). Breaking a car window just to annoy the owner is Malicious Mischief.

3. Brigandage (Highway Robbery - Art. 306)

2
● Concept: Robbery committed by a "Band" specifically on highways.
● Elements:
1. At least four (4) armed persons (a band).
2. Purpose is not just to rob one specific person, but to rob any traveler they
encounter (indiscriminate).
3. Includes kidnapping for ransom or extortion on highways.

4. Estafa (Swindling - Art. 315)

● Concept: The victim voluntarily gives the property because they were deceived.
● Key Elements:
 ○ Deceit/Fraud: (e.g., Faking a gold bar, issuing a bouncing check).
○ Damage: The victim lost money/property.
● Theft vs. Estafa:
○ Theft: The taking is without consent.
○ Estafa: The taking is with consent, but the consent is invalid because of the
lies.
○ Note: If you give someone money to buy something and they run away with it
= Estafa. If you leave your money on the table and they take it = Theft.

5. Malicious Mischief (Art. 327)

● Concept: Destruction of property due to hate, revenge, or other evil motives.
● Key Distinction: There is NO Intent to Gain. The goal is purely to destroy.
● Example: Scratching a car with a key because you are jealous of the owner.

II. Crimes Against Personal Liberty

These crimes involve violating a person's freedom of movement or right to do/not do
something.

1. Kidnapping and Serious Illegal Detention (Art. 267)

● Concept: Restraining a person's liberty.
● Becomes "Serious" if:
1. Lasts for more than 3 days.
2. Simulating public authority (pretending to be police).
3. Serious physical injuries or threats to kill.
4. Victim is a Minor, Female, or Public Official.
● Kidnapping for Ransom: If the purpose is to demand money, it is automatically this
crime (Death penalty/Reclusion Perpetua), regardless of the duration.

2. Slight Illegal Detention (Art. 268)

● Concept: Restraining a person's liberty without any of the "Serious" circumstances
listed above.
● Example: Locking a man (adult) in a room for 1 hour during an argument.

3. Unlawful Arrest (Art. 269)

● Concept: Committed by a Public Officer who arrests/detains a person without
legal grounds.
● Example: A policeman arrests someone just because he dislikes their face (no
warrant, no crime committed).

4. Grave Coercion (Art. 286)

● Concept: Preventing a person from doing something lawful OR compelling them to
do something unlawful/unwanted.
● Element: Use of Violence or Intimidation.
● Example: Forcing someone to sign a document by twisting their arm.
● Note: If there is no violence, it is Unjust Vexation.

5. Grave Threats (Art. 282)

● Concept: Threatening to commit a crime (killing, burning, hitting) upon a person,
their honor, or property.
● Types:
○ Conditional: "Give me P10,000 or I will kill you." (This looks like Robbery, but
if the threat is future/not immediate, it's Grave Threats).
 ○ Unconditional: "I will kill you someday."

Comparative Summary for Board Exam

Concept Crime A Distinction Crime B

Taking Theft Violence/Force Robbery

Consent Theft Deceit/Trust Estafa

Damage Robbery Intent to Gain vs. Destroy Malicious Mischief

Detention Kidnapping Private vs. Public Officer Unlawful Arrest

Restraint Kidnapping Locking up vs. Forcing an act Grave Coercion

4.3. Apply the elements of other felonies specifically piracy (PD 532 and RPC), arbitrary
detention, violation of domicile, assault, alarm and scandal, infidelity in the custody of
prisoners, grave scandal, bribery.

1. Piracy (RPC vs. P.D. 532)

Piracy is essentially "Robbery on the High Seas."

Feature Piracy (RPC Art. 122) Piracy (P.D. 532 - Anti-Piracy Law)

Location Committed on the High Seas or Committed in Philippine Waters.

Philippine Waters.

Offender Must remain a stranger to the vessel Can be a stranger, passenger, or

(not a passenger or crew). crew member.

Concept Attack or seizure of a vessel. Any attack on a vessel including

seizure of cargo/equipment.
 Mutiny Punished in Art. 122 Not covered by PD 532 (Mutiny is
(Crew/Passengers rising against internal).
captain).

Qualified Piracy (Art. 123):

The penalty becomes Reclusion Perpetua to Death if:

1. They seize the vessel by boarding or firing upon it.

2. They abandon the victims without means of saving themselves.
3. The crime is accompanied by Murder, Homicide, Physical Injuries, or
Rape.

2. Arbitrary Detention (Art. 124)

● Offender: Must be a Public Officer (usually Police).
● Act: Detaining a person without legal ground.
● Legal Grounds for Detention:
1. Valid Warrant of Arrest.
2. Valid Warrantless Arrest (In flagrante delicto, Hot pursuit, Escaping prisoner).
● The Trap: If a Private Individual detains someone without grounds, it is Illegal
Detention (Kidnapping), not Arbitrary Detention.

Delay in Delivery of Detained Persons (Art. 125):

Even if the arrest was legal (warrantless), the officer must file the case in court
within specific timeframes, otherwise, it becomes Arbitrary Detention.

● 12 Hours: Light penalties.

● 18 Hours: Correctional penalties.
● 36 Hours: Afflictive penalties.

3. Violation of Domicile (Art. 128)

● Offender: Must be a Public Officer.
● Acts Punished:
○ Entering a dwelling against the will of the owner.
○ Searching papers/effects without the owner's consent.
○ Refusing to leave after entering secretly/with consent.
● The Trap:
○ If a Private Person enters against the will of the owner: Trespass to
Dwelling.
○ If a Public Officer enters with a Search Warrant: Legal.

4. Direct Assault (Art. 148)

There are two (2) modes of committing this.
 ● First Mode (Assault against Authority):
○ Offender uses force or intimidation.
○ Aim: To attain any of the objectives of Rebellion or Sedition (e.g., prevent
elections).
● Second Mode (Assault against Public Officer/Agent): (Most Common in Boards)
○ Offender attacks, employs force, or seriously intimidates/resists.
○ Victim is a Person in Authority (Governor, Mayor, Brgy Captain) or an
Agent of a Person in Authority (Police, Brgy Tanod).
○ Condition: The officer was engaged in the performance of official duties OR
was assaulted because of their past performance.

Note: If the resistance is not serious (e.g., pushing a cop away to escape), it is
only Resistance and Disobedience (Art. 151).

5. Alarms and Scandals (Art. 155)

These are minor disturbances of public order.

Acts Punished:

1. Discharging a firearm / rocket / firecracker in a town (unless other crimes like

Alarm/Scandal were intended).
2. Instigating/engaging in a charivari (mock serenade/noise barrage to annoy).
3. Wandering about at night while drunk.
4. Causing any disturbance in public places while drunk/intoxicated.

6. Infidelity in the Custody of Prisoners (Arts. 223-225)

● Offender: Public Officer who has custody of a prisoner.
● Three Modes:
○ Connivance: Officer agrees to let the prisoner escape (Acts like a Principal).
○ Consent: Officer sees the escape happening but does nothing (Acts like an
Accomplice).
○ Negligence: Officer falls asleep or leaves the gate unlocked.
● The Trap:
○ If a Private Person helps a prisoner escape: Delivery of Prisoners from
Jail.
○ If the prisoner is NOT a convict/detainee but just a suspect held by a private
person: Not covered here.

7. Grave Scandal (Art. 200)

● Elements:
1. Offender performs an act.
2. The act is highly scandalous and offensive to decency/good customs.
3. Committed in a public place or within public view.
4. It does NOT fall under any other specific crime.
● Example: A couple having sex in a public park in broad daylight.
8. Bribery (The Corruption Crimes)
Crime Offender Act

Direct Bribery Public Officer 1. Accepts a gift/promise.

(Art. 210)

2. To do an unjust act, refrain from doing a duty,

or do a crime.

3. There is an agreement.

Indirect Bribery Public Officer 1. Accepts a gift.

(Art. 211)

2. By reason of his office.

3. NO agreement to do anything specific. (Just a

"thank you" gift).

Qualified Bribery Law Refrains from arresting or prosecuting an

(Art. 211-A) Enforcement offender who committed a heinous crime
Officer (punishable by Reclusion Perpetua/Death) in
exchange for a gift.

Corruption of Private Person The person who gives the bribe.

Public Officials
(Art. 212)

Scenario Drill
 1. Scenario: A policeman catches a drug lord (punishable by Life Imprisonment). The
drug lord offers P1 Million. The cop takes the money and lets him go.
○ Crime: Qualified Bribery. (Because the crime of the suspect was heinous).
2. Scenario: A Mayor receives a lechon every Christmas from a contractor, even
though the contractor asks for nothing in return.
○ Crime: Indirect Bribery. (Accepted by reason of office).
3. Scenario: A private security guard detains a customer he suspects of shoplifting for
5 hours without calling the police.
○ Crime: Illegal Detention (Private person), NOT Arbitrary Detention.
4. Scenario: Juan slaps a Barangay Captain who is conducting a meeting.
○ Crime: Direct Assault (Victim is a Person in Authority).

4.4. Compare the crimes against honor specifically slander by deed and intriguing against
honor and crimes against chastity specifically concubinage, adultery, seduction and
abduction, including bigamy.

I. Crimes Against Honor

The specific difference here lies in how the dishonor is inflicted.

1. Slander by Deed (Art. 359)

● Concept: Defamation committed not by words, but by actions.
● Elements:
○ Offender performs an act.
○ The act casts dishonor, discredit, or contempt upon another person.
○ There is malice (intent to shame).
● Examples:
○ Slapping someone in a public gathering specifically to humiliate them (not just
to injure).
○ Spitting in someone’s face.
○ Dousing someone with dirty water in front of a crowd.
● Distinction: If the intent is purely to inflict physical pain, it is Physical Injuries. If the
intent is to humiliate, it is Slander by Deed.

2. Intriguing Against Honor (Art. 364)

● Concept: This is the legal term for "malicious gossip" or chismis where the
imputation is not specific.
● Elements:
○ Offender resorts to any intrigue.
○ Purpose is to blemish the honor or reputation of another.
● Distinction from Oral Defamation (Slander):
○ Slander: Specific accusation (e.g., "Juan is a thief!").
○ Intriguing: Vague or tricky statements designed to make people hate the
victim (e.g., "I'm not saying Juan is a thief, but notice how money goes
missing when he is around?").

II. Crimes Against Chastity

The most important distinction here is between the marital crimes (Adultery vs.
Concubinage) and the crimes involving minors (Seduction/Abduction).

1. Adultery vs. Concubinage (The Gender Gap)

The law sets different standards for wives and husbands.
 Feature Adultery (Art. 333) Concubinage (Art. 334)

Offender Wife (Married Woman) Husband (Married Man)

Partner Paramour (Man) Mistress (Woman)

How By having sexual 1. Keeping mistress in the conjugal

Committed intercourse with a man not home.
her husband.

2. Sexual intercourse under scandalous

circumstances.

3. Cohabiting (living together) in any other

place.

Proof One single act of sex is Mere sex is NOT enough (unless
Needed enough to convict. scandalous). The husband must effectively
be living with her.

Difficulty Easier to prove. Harder to prove.

2. Seduction (Deceit)
The essence of seduction is that the woman consents to the sex, but her consent was
obtained through abuse of authority or deceit.

● Qualified Seduction (Art. 337):

○ Offender: Person in authority/trust (Teacher, Priest, Guardian).
○ Victim: Virgin, over 12 and under 18 years old.
○ Means: Abuse of authority.
● Simple Seduction (Art. 338):
○ Offender: Any man.
○ Victim: Virgin, over 12 and under 18 years old.
○ Means: Deceit (usually a promise of marriage).

3. Abduction (Taking Away)

The essence is the taking away of a woman from her home/guardians.
 Feature Forcible Abduction (Art. 342) Consented Abduction (Art. 343)

Elements 1. Taking a woman (Any 1. Taking a girl (Virgin, >12 and

age/status). <18).

2. Against her will. 2. With her consent.

3. With Lewd Designs. 3. With Lewd Designs.

Distinction Essentially Kidnapping + Lust. Essentially "Eloping" with a minor.

Critical Distinction: Abduction vs. Kidnapping

● If the intent is to demand money/ransom or kill/detain: Kidnapping.

● If the intent is sex or marriage (Lewd Designs): Abduction.

III. Bigamy (Crimes Against Civil Status)

Although often grouped with chastity in reviews, Bigamy is technically a Crime Against Civil
Status (Title 12).

Bigamy (Art. 349)

● Concept: Contracting a second marriage while the first one is still valid.
● Elements:
1. Offender has been legally married.
2. The first marriage has not been legally dissolved (no annulment/death).
3. Offender contracts a second marriage.
4. The second marriage has all the requisites for validity (meaning, if not for the
first marriage, the second one would be legal).

Board Exam Scenario:

● Juan marries Maria. Years later, without annulment, Juan marries

Juana. However, the marriage contract with Juana was not signed by a
marriage officer (making it void ab initio).
● Verdict: No Bigamy. For Bigamy to exist, the second marriage must be
"valid" in all other aspects. If the second marriage was fake/void from the
start (due to lack of ceremony), the crime is not Bigamy.

Summary Table: Sexual Crimes & Age of Victim

(Assuming R.A. 11648 or the raised age of sexual consent is not yet fully integrated into
traditional RPC questions, but always check the current jurisprudence. Under RPC text:)

Crime Victim Requirement

Acts of Lasciviousness Any age.

Seduction Virgin, over 12 under 18.

Consented Abduction Virgin, over 12 under 18.

Rape (Statutory) Under 12 (RPC original) / Under 16 (New Law).

4.5. Recall the punishable acts under the following Special Penal Laws: Human Trafficking,
Terrorism, Hazing, Safe Space Act.

1. Anti-Trafficking in Persons Act

● Law: R.A. 9208 (As amended by R.A. 10364 and R.A. 11862).
● The "Three Elements" Rule: To be considered Trafficking, there must be Acts +
Means + Purpose.
○ Acts: Recruitment, transportation, transfer, harboring, or receipt of persons.
○ Means: Force, fraud, deception, abduction, or abuse of power/vulnerability.
○ Purpose: Exploitation (Prostitution, Forced Labor, Slavery, Removal of
Organs).
● Crucial Board Exam Rule: If the victim is a Child (under 18), the "Means" element
is NOT required. The act + purpose alone constitutes trafficking.

Punishable Acts:

1. Trafficking in Persons: The core act of recruiting/transporting for exploitation.

2. Use of Trafficked Persons: Hiring or using the services of a trafficked person (e.g.,
paying for sex with a trafficked woman).
3. Qualified Trafficking (Life Imprisonment):
○ Victim is a Child.
○ Committed by a Syndicate (3 or more persons).
○ Committed by a Public Officer.
○ Offender is a parent/guardian.

2. The Anti-Terrorism Act of 2020

● Law: R.A. 11479 (Repealed the Human Security Act of 2007).
 ● Core Definition: Acts intended to cause death/injury, damage critical infrastructure,
or spread panic to intimidate the public or destabilize the government.

Punishable Acts (Besides the act of Terrorism itself):

1. Threat to Commit Terrorism: Punishment: 12 years imprisonment.

2. Planning, Training, Preparing, and Facilitating: Includes possessing objects
connected to terrorism.
3. Conspiracy to Commit Terrorism: Agreement between two or more persons.
4. Proposal to Commit Terrorism: One person proposing to another (unlike RPC,
proposal here is punishable).
5. Inciting to Commit Terrorism: Using speeches, writings, or banners to encourage
others.
6. Recruitment to a Terrorist Organization:
○ Note: Penalty is Life Imprisonment if you recruit a minor.
7. Providing Material Support: Giving money, weapons, or logistics to terrorists.

3. The Anti-Hazing Act of 2018

● Law: R.A. 11053 (Amended the old law R.A. 8049).
● Major Change: The old law regulated hazing; the new law strictly prohibits all
forms of hazing.

Punishable Acts:

1. Hazing: Any act that results in physical or psychological suffering, humiliation, or

embarrassment as a prerequisite for admission into a fraternity/sorority/organization.
2. Cover-up: Concealing the fact that hazing occurred.
3. Failure to Stop: If you are a member present during the hazing and you do nothing
to prevent it, you are liable as a Principal.

Board Exam Scenario:

● Officers of a fraternity plan an initiation. They paddle the neophyte. The

neophyte dies.
● Liability: Reclusion Perpetua (Life Imprisonment) for those who planned
it and those who participated.
● School Officials: If school authorities knew about the hazing and failed
to take action, they are also criminally liable.

4. Safe Spaces Act (Bawal Bastos Law)

● Law: R.A. 11313.
● Purpose: Punishes Gender-Based Sexual Harassment (GBSH) in public spaces and
online.
● Distinction: Unlike the old Sexual Harassment Law (RA 7877) which required a
"Superior-Subordinate" relationship (work/school), this law covers strangers and
peers.

Punishable Acts by Location:

A. Streets and Public Spaces (Catcalling, etc.)

● Wolf-whistling, catcalling, leering (staring maliciously).

● Persistent uninvited comments on a person's appearance.
● Relentless requests for name/contact details.
● Public masturbation or flashing.

B. Online Sexual Harassment

● Cyber-stalking.
● Sending unwanted sexual photos/videos.
● Uploading photos of a victim without consent to harm their reputation.

C. Workplace and Educational Institutions

● Peer-to-peer harassment (Student to Student, Employee to Employee).

● Making sexual advances which create a hostile environment.

Summary Table for Quick Recall

Law R.A. Number Key Punishable Concept

Human R.A. 9208 / Exploitation. Recruitment for forced labor/sex. (Child =

Trafficking 10364 No force needed).

Terrorism R.A. 11479 Intimidation/Destabilization. Includes Proposal and

Inciting.

Hazing R.A. 11053 Absolute Prohibition. Mere presence during hazing

makes you liable.

Safe Spaces R.A. 11313 Gender-Based Harassment. Covers catcalling

(streets) and peer harassment.

5.1. Recall important terminologies like evidence, proof beyond reasonable doubt,
substantial evidence, preponderance of evidence, equipoise of evidence, equiponderance of
evidence

1. Evidence vs. Proof

These two are often used interchangeably, but they are different in legal terms.

● Evidence: The means sanctioned by the Rules of Court of ascertaining in a judicial

proceeding the truth respecting a matter of fact. (Rule 128, Sec. 1).
○ Analogy: The sand, cement, and water you use to build.
 ● Proof: The result or effect of evidence. It is the conviction or persuasion of the mind
of the judge.
○ Analogy: The finished concrete wall.

Board Exam Tip: "Evidence is the medium; Proof is the effect."

2. The Hierarchy of Evidentiary Weight (Quantum of Evidence)

The law requires different "levels" of proof depending on the type of case.

A. Proof Beyond Reasonable Doubt (Criminal Cases)

● Where used: Criminal Cases (To convict an accused).
● Definition: It does not mean absolute certainty. It is that degree of proof which
produces conviction in an unprejudiced mind. It is moral certainty.
● Why? Because the life and liberty of a person are at stake. Better to free 10 guilty
men than imprison 1 innocent man.

B. Preponderance of Evidence (Civil Cases)

● Where used: Civil Cases (Money claims, Damages, Family disputes).
● Definition: The evidence adduced by one side is, as a whole, superior to or more
weighty than the other.
● Visual: Imagine a weighing scale. If the Plaintiff has 51% weight and the Defendant
has 49%, the Plaintiff wins.

C. Substantial Evidence (Administrative Cases)

● Where used: Administrative Cases (e.g., Police Internal Affairs, PRC hearings,
Labor cases).
● Definition: Such relevant evidence as a reasonable mind might accept as
adequate to support a conclusion.
● Level: This is the lowest standard among the three. It doesn't need to be
overwhelming, just "reasonable."

3. The "Tie-Breaker" Doctrines

What happens if the evidence on both sides is perfectly equal?

A. Equipoise of Evidence (Civil Law)

● The Situation: The weight of evidence for the Plaintiff is equal to the weight of
evidence for the Defendant. (50-50 split).
● The Rule: The Plaintiff fails.
● Why? The burden of proof is on the person who files the case. If they cannot make
their evidence heavier than the defendant's, they lose.

B. Equiponderance of Evidence (Criminal Law)

● The Situation: The evidence of guilt is equal to the evidence of innocence.
● The Rule: The Accused must be ACQUITTED.
● Why? The Constitutional presumption of innocence prevails. If the judge is not sure
(because the evidence is balanced), there is "Reasonable Doubt."
4. Other Key Concepts
● Prima Facie Evidence: Evidence which, standing alone, is sufficient to maintain the
proposition affirmed. (Evidence that is "good enough" unless rebutted).
● Corroborative Evidence: Evidence of a different kind that tends to prove the same
fact. (e.g., A witness says he saw the shooting + A CCTV video showing the
shooting).
● Cumulative Evidence: Evidence of the same kind that proves the same fact. (e.g.,
Witness A says he saw it + Witness B says he saw it).

Summary Table for Recall

Term Used In... Key Phrase

Beyond Reasonable Criminal "Moral Certainty"

Doubt

Preponderance Civil "Superior Weight" (51%)

Substantial Admin "Reasonable Mind / Adequate"

Equipoise Rule All If weight is equal, the one with the Burden of
Proof LOSES.

5.2. Identify evidence according to forms

This module covers Rule 130 of the Rules of Court. For the Board Exam, you must be able
to look at a piece of evidence and classify it immediately into one of the three (3) main forms.

I. The Three Main Forms of Evidence

1. Object (Real) Evidence
● Definition: Evidence that is addressed to the senses of the court (sight, hearing,
touch, taste, smell).
● Also known as: "Real Evidence" or "Autoptic Proference."
● Concept: It speaks for itself. The judge examines the object directly.
● Examples:
○ The murder weapon (Gun, Knife).
○ The physical injuries on a victim's body (Judge looks at the scar).
○ DNA samples, fingerprints, bloodstained clothes.
○ A kilo of Shabu.
● Key Board Exam Concept:
○ View of an Object: If the object is too big to bring to court (e.g., a bus
involved in a crash), the court can conduct an Ocular Inspection at the
scene.
2. Documentary Evidence
● Definition: Evidence consisting of writings or any other material containing letters,
words, numbers, figures, or symbols.
● Purpose: Offered as proof of their contents.
● Examples:
○ A ransom note.
○ A contract or deed of sale.
○ Photographs, X-rays, and Tape Recordings (Note: Photos are technically
documentary, though often treated as object depending on usage).
○ Electronic Evidence: Emails, text messages, and chat logs (under the Rules
on Electronic Evidence).

The "Best Evidence Rule" (Original Document Rule):

● Rule: When the subject of inquiry is the contents of a document, no

evidence shall be admissible other than the original document itself.
● Board Exam Trap: This rule only applies to documents. It does not
apply to object evidence. You don't need the "Original Gun" to prove a
shooting; you can use testimony. But you need the "Original Contract" to
prove the terms of the sale.

3. Testimonial Evidence
● Definition: Oral evidence given by a witness on the witness stand or in an affidavit.
● Concept: A narration of facts based on the witness's personal knowledge.
● Examples:
○ An eyewitness saying, "I saw Pedro shoot Juan."
○ An expert witness (Doctor) explaining the autopsy report.

The Hearsay Rule:

● Rule: A witness can only testify to facts they personally know

(perceived by their own senses). If they are just repeating what someone
else told them, it is Hearsay and is inadmissible.
 Shutterstock

II. Distinguishing the Forms (The "Purpose" Test)

Sometimes, a single item can be either Object or Documentary depending on why it is
presented.

The "Shirt" Example:

● Scenario A: A shirt with a bullet hole is presented to show where the victim was
shot.
○ Classification: Object Evidence (Addressed to the senses/physical nature).
● Scenario B: A shirt with the text "I HATE THE MAYOR" printed on it is presented to
prove the suspect's motive.
○ Classification: Documentary Evidence (Offered to prove the content of the
text/words).
The "Gun" Example:
● Scenario A: The prosecution presents the gun to show it matches the bullet found in
the victim.
○ Classification: Object Evidence.
● Scenario B: The prosecution presents the gun to show the serial number "12345"
erased on the handle.
○ Classification: Documentary Evidence (Because they are looking at the
written numbers/symbols).

III. Special Rules to Memorize

A. Parol Evidence Rule (Rule 130, Sec. 9)
● Applies to: Written Agreements (Contracts/Wills).
● Rule: When an agreement has been reduced to writing, the parties cannot present
oral testimony (Parol Evidence) to change, modify, or contradict the written terms.
● Concept: "The document speaks for itself." If the contract says "Price is P100," you
cannot testify, "Actually, we agreed on P50 verbally."
● Exceptions: You can introduce oral evidence if you put in issue the validity of the
contract (e.g., "I was forced to sign it") or if there is a mistake/imperfection.

B. Electronic Evidence (Rules on Electronic Evidence)

● Concept: Electronic documents (PDFs, Emails) are the functional equivalent of
paper documents.
● Admissibility: They are admissible if authenticated by a digital signature or by
someone who can verify their origin.

Summary Table for CLE Review

Form Addressed To... Key Rule to Remember

Object (Real) Senses (Sight, Touch, etc.) Autoptic Proference

Documentary Mind (Reading contents) Best Evidence Rule

Testimonial Ears (Hearing narration) Hearsay Rule

5.3. Categorize the kinds/classes of evidence

I. According to Relation to the Fact in Issue
This is the most common distinction in criminal cases.

1. Direct Evidence
● Definition: Evidence which proves the fact in dispute without need of any
inference or presumption.
● Concept: It goes straight to the point.
● Example: An eyewitness testifying, "I saw the accused stab the victim." (If the
judge believes the witness, the fact of killing is proven).

2. Circumstantial (Indirect) Evidence

● Definition: Evidence that proves a fact from which the fact in issue may be
inferred. It relies on a chain of circumstances.
● Concept: "Connect the dots." No one saw the crime, but the clues point to the
suspect.
● Example:
○ The accused was seen running away from the crime scene holding a
knife.
○ The victim was found stabbed.
○ The accused's fingerprints are on the knife.
● Rule on Conviction: Can you convict on Circumstantial Evidence alone?
○ YES, IF:
1. There is more than one circumstance.
2. The facts from which the inferences are derived are proven.
3. The combination of all circumstances produces a conviction
beyond reasonable doubt.

II. According to Weight and Value

1. Primary Evidence (Best Evidence)
● Definition: That which the law regards as affording the greatest certainty of the
fact in question.
● Example: The Original Contract of Sale.

2. Secondary Evidence (Substitutionary Evidence)

● Definition: Evidence that is inferior to primary evidence and is admissible only
when the primary evidence is lost or unavailable.
● Example: A Photocopy of the Contract, or a witness testifying about what was
written in the lost contract.

III. According to Quality

1. Positive Evidence
● Definition: When a witness affirms that a fact did or did not occur.
● Example: "I saw him shoot the victim."
● Weight: Generally carries more weight than negative evidence.
2. Negative Evidence
● Definition: When a witness states they did not see or did not hear the
occurrence of a fact.
● Example: "I was there, but I did not see who shot him."

IV. According to Effect

1. Corroborative Evidence
● Definition: Evidence of a different kind that tends to prove the same fact.
● Purpose: To strengthen the main evidence.
● Example:
○ Evidence A: Witness says, "I saw Pedro rob the bank." (Testimonial)
○ Evidence B: CCTV footage showing Pedro robbing the bank.
(Object/Documentary)
○ Result: The CCTV corroborates the witness.

2. Cumulative Evidence
● Definition: Evidence of the same kind and character that tends to prove the
same fact.
● Example:
○ Witness A: "I saw the robbery."
○ Witness B: "I also saw the robbery."
○ Witness C: "I saw it too."
○ Result: Witness B and C are cumulative evidence.

3. Prima Facie Evidence

● Definition: Evidence which, standing alone, is sufficient to maintain the
proposition affirmed until contradicted.
● Example: Caught in flagrante delicto (in the act).

4. Conclusive Evidence
● Definition: Evidence that the law does not allow to be contradicted.
● Example: The age of majority is 18. You cannot bring evidence to prove that a
15-year-old is an adult legally.

V. Special Classifications (Board Exam Favorites)

1. Rebuttal Evidence
● Evidence presented by the prosecution after the defense has rested its case,
meant to explain or disprove the defense's evidence.

2. Sur-rebuttal Evidence
● Evidence presented by the defense to answer the rebuttal evidence.

3. Forgotten Evidence
 ● Evidence already existing but was forgotten or overlooked during the trial. It is
generally NOT a ground for a new trial.

4. Newly Discovered Evidence

● Evidence that:
1. Was discovered after the trial.
2. Could not have been discovered during trial even with reasonable
diligence.
3. Is of such weight that it would change the judgment.
● Note: This IS a ground for a New Trial.

Quick Quiz Scenario

Scenario:

The Prosecution presents a witness who says, "I saw Juan at the scene." Then they
present a bus ticket found in Juan's pocket showing he traveled to the crime scene
that day.

● The Witness is Direct / Testimonial Evidence.

● The Bus Ticket is Circumstantial / Documentary Evidence.
● Together, the ticket acts as Corroborative Evidence to the witness.

Below is a clear and illustrated explanation of the rules of admissibility of evidence in

general, following the Rules on Evidence (Philippines). I use simple
illustrations/examples to make each rule easier to understand.

5.4. Illustrate the rules of admissibility of evidence in general.

Rules of Admissibility of Evidence (General)

1. Relevance

Rule:
Evidence must be relevant to the fact in issue. It should have a logical connection to
the case and help prove or disprove a material fact.

Illustration:
In a murder case, the knife allegedly used in the killing is relevant because it tends to
prove how the crime was committed.
A witness’s opinion about the accused’s personality is not relevant unless character
is in issue.

2. Materiality

Rule:
Evidence must relate to a material fact, meaning a fact that is in issue or necessary to
resolve the case.
Illustration:
The age of the accused is material in determining criminal liability.
The accused’s favorite color is immaterial because it does not affect the outcome of
the case.

3. Competence

Rule:
Evidence must be competent, meaning it is not excluded by the Constitution, law, or
the Rules of Court.

Illustration:
A confession obtained through torture is incompetent because it violates
constitutional rights.
A legally obtained document is competent evidence.

4. Admissibility

Rule:
Evidence is admissible if it is relevant and competent, and not excluded by any rule.

Illustration:
A CCTV footage is admissible if it is relevant to the crime and properly authenticated.
If illegally obtained, it becomes inadmissible despite being relevant.

5. Best Evidence Rule

Rule:
When the subject of inquiry is the contents of a document, the original document
must be presented, unless exceptions apply.

Illustration:
To prove the contents of a contract, the original contract must be presented, not a
photocopy (unless the original is lost or unavailable under the rules).

6. Parol Evidence Rule

Rule:
When an agreement is in writing, oral evidence cannot contradict or vary its terms,
except in certain cases.

Illustration:
A written loan agreement states a 10% interest rate. A party cannot claim orally that
the agreed rate was only 5%, unless an exception applies.
7. Hearsay Rule

Rule:
Hearsay evidence is generally inadmissible, unless it falls under an exception.

Illustration:
A witness testifying that “my friend told me the accused committed the crime” is
hearsay and inadmissible.
A dying declaration is an exception and may be admitted.

8. Opinion Rule

Rule:
Witnesses must testify only on facts they personally know. Opinions are generally not
admissible, except those of experts or when allowed by law.

Illustration:
A lay witness cannot say “the accused is guilty.”
A forensic expert may testify on cause of death.

9. Character Evidence Rule

Rule:
Evidence of a person’s character is generally not admissible to prove conduct, except
in specific instances allowed by law.

Illustration:
The prosecution cannot prove guilt by showing the accused is a “bad person.”
The accused may present evidence of good moral character when relevant.

10. Exclusionary Rule (Fruit of the Poisonous Tree)

Rule:
Evidence obtained in violation of constitutional rights is inadmissible.

Illustration:
Illegal search without a warrant leads to seizure of drugs. The drugs cannot be used
as evidence in court.

General Principle

“Evidence is admissible when it is relevant to the issue and not excluded

by law or the Constitution.”

Summary Table
 Rule Key Idea

Relevance Must relate to the issue

Materiality Must involve a fact in issue

Competence Must not be prohibited

Best Evidence Original document required

Hearsay Secondhand info generally

excluded

Exclusionary Illegally obtained evidence

Rule excluded

Below is a complete, well-organized, and student-friendly explanation of Items 5.5 to

6.5, based on Philippine Rules on Evidence and Criminal Procedure. This is suitable
for Criminal Justice / Criminology (CLJ 6) review.

5. RULES ON EVIDENCE

5.5. Manner of Offering Evidence and Objections

A. Manner of Offering Evidence

Evidence must be formally offered so the court knows its purpose and relevance.

1. Testimonial Evidence
● Offered orally when the witness is presented
● The purpose is shown through the questions asked
2. Documentary Evidence
● Offered after the presentation of testimonial evidence
● Each document must be identified, marked, and its purpose stated
3. Object (Real) Evidence
● Offered after testimonial evidence
● Must be properly identified and shown to be relevant to the case

B. Objections to Evidence

An objection is raised to prevent inadmissible evidence from being considered.

Common Grounds for Objection:

● Irrelevant or immaterial
● Incompetent or illegal evidence
● Hearsay
● Violation of constitutional rights
● Improper authentication

Rules on Objections:

● Must be made immediately

● Failure to object means waiver
● Court may sustain or overrule the objection

5.6. Rules for Presenting Documentary Evidence

Documentary evidence must comply with the following rules:

1. Authentication
● The document must be proven genuine
● Done by a witness who executed or recognized the document
2. Best Evidence Rule
● The original document must be presented if contents are in issue
● Exceptions: loss, destruction, or unavailability without bad faith
3. Parol Evidence Rule
● Oral evidence cannot alter a written agreement
● Exceptions: ambiguity, mistake, fraud, or failure to express true intent
4. Identification and Marking
● Documents must be marked, identified, and formally offered

5.7. Sufficiency of Evidence

Meaning

Sufficiency of evidence refers to whether the evidence presented is enough in quality

and quantity to prove a fact or establish guilt.

Standards of Proof:

● Criminal cases: Proof beyond reasonable doubt

● Civil cases: Preponderance of evidence
● Administrative cases: Substantial evidence

In Criminal Cases:

● All elements of the crime must be proven

● Any reasonable doubt is resolved in favor of the accused
6. CRIMINAL PROCEDURE AND COURT TESTIMONY (CLJ 6)

6.1. Jurisdiction of Courts (Comparison)

Court Criminal Jurisdiction

MTC/MeTC/MCTC Offenses punishable by imprisonment of up to 6

years

RTC Serious offenses beyond MTC jurisdiction

Sandiganbayan Crimes of public officers related to office

Court of Appeals Appeals from RTC decisions

Supreme Court Final appellate court

6.2. Fundamental Concepts of Criminal Procedure

1. Due process of law

2. Presumption of innocence
3. Jurisdiction
4. Speedy trial
5. Double jeopardy
6. Public and impartial trial

Criminal procedure governs how criminal cases are processed, from arrest to
judgment.

6.3. Rights of the Accused During Trial

● Right to be presumed innocent

● Right to be informed of the charge
● Right to counsel
● Right to confront and cross-examine witnesses
● Right to compulsory process
● Right against self-incrimination
● Right to speedy, public, and impartial trial
6.4. Procedure in Arrest and Search & Seizure

A. Arrest With Warrant

● Issued by a judge upon probable cause

B. Arrest Without Warrant

Allowed when:

1. In flagrante delicto
2. Hot pursuit
3. Escapee

C. Search and Seizure

● Requires a valid search warrant

● Must particularly describe the place and items

D. Exceptions to Search Warrant Requirement

● Search incidental to arrest

● Plain view doctrine
● Consent
● Stop and frisk
● Exigent circumstances

6.5. Filing of Cases, Preliminary Investigation, Inquest, and Barangay Justice System

A. Filing of Criminal Cases

● Complaint filed with prosecutor or court

● Must state facts constituting the offense

B. Preliminary Investigation

● Determines probable cause

● Conducted by prosecutor
● Required for offenses punishable by at least 4 years, 2 months, and 1 day

C. Inquest Proceedings

● Summary investigation for warrantless arrests

● Determines whether to file charges or release the suspect

D. Barangay Justice System (Katarungang Pambarangay)

● Mandatory conciliation for minor disputes

● Aims for amicable settlement
● Non-compliance may cause dismissal of the case
Conclusion

These topics explain how evidence is presented and evaluated and how criminal
cases move through the justice system, ensuring fairness, due process, and
protection of rights.

If you want, I can:

● Turn this into a one-page reviewer

● Add illustrations or flowcharts
● Format it for exam answers or board review

To succeed in the Criminology Board Exam, you must view these stages not just as
definitions, but as a chronological sequence of the life of a criminal case.

6.6. The Path of a Criminal Case

Once the prosecutor finds "Probable Cause" and files the Information (the formal charge) in
court, the following process begins:

1. Application for Bail (Rule 114)

Bail is the security given for the release of a person in custody to ensure their appearance
before the court.

● As a Matter of Right: For all offenses not punishable by Death, Reclusion Perpetua,
or Life Imprisonment, before conviction by the RTC.
● As a Matter of Discretion: For offenses punishable by Reclusion Perpetua or
higher. The court will hold a Bail Hearing to see if the evidence of guilt is strong. If
it is not strong, bail is granted.
● Process: Filing of application $\rightarrow$ Hearing (if discretionary) $\rightarrow$
Approval of bond $\rightarrow$ Issuance of Release Order.

2. Arraignment (Rule 116)

This is the stage where the accused is officially informed of the charges.

● The Plea: The accused must plead "Guilty" or "Not Guilty."

● The "Silent" Rule: If the accused refuses to plead or makes a conditional plea, the
court must enter a plea of "Not Guilty" for them.
● Language: The Information must be read in a language or dialect known to the
accused.

3. Pre-Trial (Rule 118)

This is mandatory in criminal cases to "shorten" the trial.

● Stipulation of Facts: Both sides agree on certain facts (e.g., "The victim is indeed
dead") so they don't have to waste time proving them.
● Marking of Evidence: All documents and objects are labeled (Exhibits A, B, C...).
 ● Pre-Trial Order: This document governs the rest of the trial. If an evidence or
witness isn't in this order, they generally can't be presented later.

4. The Trial (Rule 119)

The standard order of the trial is as follows:

1. Prosecution's Evidence: The state tries to prove guilt beyond reasonable doubt.
2. Defense's Evidence: The accused tries to prove innocence or a justifying
circumstance.
3. Rebuttal: Prosecution refutes the defense's new evidence.
4. Sur-rebuttal: Defense refutes the prosecution's rebuttal.

6.7. Presentation of Witnesses

The examination of witnesses follows a strict "ping-pong" order designed to find the truth
while protecting the rights of the accused.

The Order of Examination (Rule 132)

1. Direct Examination: Conducted by the party calling the witness (e.g., Prosecutor
asks the Eyewitness). Goal: To tell the story. Leading questions are NOT allowed.
2. Cross-Examination: Conducted by the opposing party. Goal: To "impeach"
(destroy) the witness's credibility or show bias. Leading questions ARE allowed.
3. Re-Direct Examination: The first party asks more questions to "fix" any damage
done during the cross-examination.
4. Re-Cross Examination: The opponent asks final questions regarding matters raised
in the re-direct.

Special Rules for Child Witnesses

Under A.M. No. 00-4-07-SC, the court treats child witnesses (under 18) with special care to
avoid "re-traumatization":

● Leading Questions: Unlike in normal direct examinations, leading questions are

allowed for a child witness if necessary to facilitate their testimony.
● The Facilitator: The court may appoint a "facilitator" (social worker, etc.) to ask the
questions on behalf of the lawyer in a child-friendly way.
● Live-Link TV: The child may testify from a separate room via a monitor so they do
not have to look at the accused.
● Support Person: The child is allowed to have a parent or guardian sit close to them
for emotional support.
● Hearsay Exception: Out-of-court statements made by a child to a teacher or doctor
about abuse may be admitted as evidence, which is usually not allowed for adults.

Quick Comparison for the Board Exam

Feature Direct Examination Cross-Examination

Who conducts it? The party calling the witness The opposing party
Purpose To prove the case To test the truth/accuracy

Leading Questions? NO (General Rule) YES (Standard Practice)

Leading Questions (Child)? YES (Exception) YES