UNIVERSITY OF THE CORDILLERAS

College of Criminal Justice Education

Governor Pack Road
Baguio City

A Research Study
Presented to
The Faculty Members of
Criminal Justice Education

In Partial Fulfillment of
The Requirements of the
Subjects LEA 13 (4:15-5:30 MWF)

Submitted by:

Ballay, Ronallee D.
Balao, Julie B.
Copiling, Gerald
Crispe, Stephen
Herry, Florenda
Palangeo, Mario D.

August 07, 2006

 TABLE OF CONTENTS

ACKNOWLEDGEMENT
DEDICATION

CHAPTER I
INTRODUCTION
CHAPTER II. RULES ON EVIDENCE
Rule 128-------------------------------------------1-4
Rule 129 ------------------------------------------5-6
Rule 130 ------------------------------------------7-25
Question ------------------------------------------26-28
Rule 131 ------------------------------------------29-30
Rule 132 ------------------------------------------31-37
Rule 133 ------------------------------------------38-40
Question ------------------------------------------41-44

CHAPTER III.
Rule 110 ------------------------------------------45-48
Rule 111 ------------------------------------------49-50
Rule 112 ------------------------------------------51-53
Rule 113 ------------------------------------------54-56
Question ------------------------------------------63-66
Rule 115 ------------------------------------------67
Rule 116 ------------------------------------------67-68
Rule 117 ------------------------------------------69-71
Rule 118 ------------------------------------------72
Rule 119 ------------------------------------------73-78
Question ------------------------------------------79-81
Rule 120 ------------------------------------------82-86
Rule 121 ------------------------------------------87-88
Rule 122 ------------------------------------------89-91
Question ------------------------------------------92-93
Rule 123 ------------------------------------------94
Rule 124 ------------------------------------------94-97
Rule 125 ------------------------------------------98
Rule 126 ------------------------------------------99-101
Rule 127 ------------------------------------------102
Question ------------------------------------------103

Appendices

 Laws
 Definition of terms
 Samples of Legal Documents and Forms
 Answer Sheet
 CHAPTER I
INTRODUCTION

The so called Criminal Justice System (CJS) is the

method by which the law enforcement, prosecutions, courts,
and correctional institutions enforce the fundamental rules
of the society, as expressed in their criminal law.

Wherein, the court, as the third Pillar of (CJS) is the

forum where prosecution is given the opportunity to prove
that there is a strong of guilt against the accused. It is
also the court that the accused is given his day in court to
disprove the accusation against him.

On the other hand, the law enforcement, as the first

pillar and serving as the backbone of the CJS, has vital
role in the gathering of evidence as proof that a law is
violated which then be presented to court. Any mistake
committed by its agents on the said gathering may cause
inappropriate result to the mission of maintaining justice.

Therefore, student of Criminal Justice Education

(C.J.E.) must not forget the laws that they learn in school
in order that they will be on effective and productive law
enforcers on the future.

No one can deny that the law library and the technique
of legal research are indispensable tickets of admission to
current law since thousand of courts, legislatures and
administrative agencies spend full time creating new laws
and changing old ones.

However, most legal research are not as simple to do

nevertheless, this compilation on “Rules on Evidence” as
well as “Rules on Criminal Procedure” and other references
compiled in concise manner is purposely serve as a review
material for C.J.E. student as well as to instructors.
 ACKNOWLEDGEMENT

The contribution of some people was crucial to the

success of this module. The research would not have
completed the task at hand without them.

First, to our parents who stood by us all the time

supporting us with love and financial funds.

To our Adviser MS. JUDITH GAYUMBA, for inspiring us and

leading us most of the time. She has been always there for
us, helping us jumping over the obstacles.

In addition, the researchers wishes to thank MS. DAISY

B. GASATAN for her help in some of the technical problems.

Above all of this, we thank the Almighty God for his

unending love and guidance, for the knowledge and talent to
finish this module.
 DEDICATION

This module is lovingly dedicated to our parents, who serves

as our inspiration in pursuing and finishing our course BS
Criminology
 DEFINITION OF TERMS

Arrest – is the taking of a person into custody in order

that he maybe bound to answer for an offense.
Abuse of Discretion – The use of that discretion in such a
way as to deprive a person of his right or of the
remedy to protect or enforce such right.
Abuse of Power – connotes willful and utter disregard of the
interest of the partnership, evidenced by a repetition
of deliberate act and/or omissions pre-judicial to the
latter.
Accident – Happens by chance or fortuitously, without
intention and design, and which is unexpected, unusual
and unforeseen.
Accomplice – A person who, not being a principal, cooperates
with the execution of the offense by previous or
simultaneous acts.
Acquittal – a discharge after a trial, or an attempt to have
one, upon its merits.
Adjournment – is a mode of terminating an appointment made
during the recess of congress, refers to the regular or
special session of congress.
Adjudgment – Adjudication before punishments, finding of
guilt before one is punished.
Adjudicate – To solemnly and deliberately determine by
judicial power, upon hearing and interests of the
parties involved in the issues, and the evidence taken
and admitted in accordance with the prescribed method.
Adjudication – It refers to justices of the appellate courts
who may take part of the judgment, means decision.
Admission – A statement, oral or written, made by a party,
or by someone from whom he is responsible, as to the
existence of a relevant fact.
Affirmative Defense – An allegation of new matter which,
while admitting the material allegations of the
complaint, expressly or impliedly, would nevertheless
prevent or bar recovery by the plaintiff.
Affirmative Testimony – The testimony of a witness that he
saw or heard or did a particular thing at a particular
time and place.
Aggravating Circumstance – That by virtue of which the
criminal liability of a person who commits a felony is
aggravated.
Aggrieved – A substantial grievance, a denial of some
personal property right or the imposition upon a party
of a burden or obligation.
Agreement – The expression by two or more persons of a
common intention to effect their legal relations.
Aliunde – The testimony of a witness by conversations,
admissions or preliminary negotiations.
Allegiance – The obligation for fidelity and obedience,
which the individual owes to his government or his
sovereign in return for the protection, which he
received.
Amendment – It includes the revision or total overhaul of
the entire instrument.
Amnesty – It denotes the general pardon to rebels for their
treason and other high political offenses, or the
forgiveness which one sovereign grant to the subjects
of another, who have offended by some breach of the law
of nations.
Appeal – A civil law procedure whose office is to remove the
entire cause and subjects the transcript to a scrutiny
of fact and law and is in substance a new trial.
Appellate Jurisdiction – a continuation of the exercise of
the same judicial power, which has been, executed in
the court of original jurisdiction, which presupposed
that the original and appellate courts are capable of
participating in the exercise of the same judicial
power.
Appraisal – The act or process of determining the value of a
property as of a specific date for a specific purpose.
Arbitrary – Willful and unreasoning action, without
consideration of and in disregard of the facts and
circumstances of the case.
Arbitrary Detention – a crime committed by a public officer
or employee who, without legal grounds, detains a
person.
Arraignment – The reading of the criminal complaint or
information to the defendant, by the judge or clerk of
court, and the delivering to him a copy thereof,
including a list of witnesses, and ask him whether he
pleads guilty or not.
Arresto Mayor – A penalty of imprisonment the duration of
which is from one month and one day to six months.
Arresto Menor – A penalty of detention in the local jail or
in the house of the offender, the duration of which is
from one day to thirty days.
Arson – A crime committed by a person who burns or sets fire
to the property of another, or who sets fire to his own
property under circumstances, which expose to danger
the life, or property of another.
Assault – An attempt to offer, with force and violence, to
do a corporal hurt to another.
Attempt – The doing of some act directly tending to a
carrying out of the criminal intent.
Bias – That which excites a disposition to see and report
matters as they are wished for rather than as they are.
Cadastral Court – A court with limited or special
jurisdiction, whose main function is to determine
whether the applicant has registerable title to land.
Certiorari – a writ issued to annul or modify the
proceedings, as the law requires of a tribunal, board
or officer exercising judicial functions.
Circumstantial Evidence – are strong enough to cast
suspicion upon the defendant and which are sufficiently
strong to overcome the presumption of innocence, and to
exclude every synthesis.
Civil Contempt – The commitment of one found in contempt of
a court only until the contemnor shall have purged
himself of such contempt by complying with the order.
Clerk of Court – An officer of a court of justice who has
charge of the clinical part of its business.
Coercion – The unauthorized compelling of another person
against his will to do something.
Commutation – A remission of a part of punishment, a
substitution of a less penalty for the one originally
imposed.
Competent Evidence – One that is not excluded by law in a
particular case.
Complete Jurisdiction – It is acquired and exercise pursuant
to the fundamental law and not in violation thereof.
Compromise – a contract whereby the parties, by making
reciprocal concessions, avoid litigation or put an end
to one already commenced.
Conclusive Evidence – That which establishes the fact, as in
the instance of conclusive presumptions.
Contract by Adherence – an agreement in which the parties
bargaining are not on equal footing, the weaker
participation being reduced to the alternative to take
it or leave it.
Contract by Dated – a contract or agreement to be or
Conviction – The declaration of the court except that it is
of a crime or guilt of a person accused thereof.
Corroborative Evidence – additional evidence of a different
kind and character tending to prove the same point.
Counsel – A person professionally engaged in the trial or
management of a cause in court.
Counsel De Oficio – a counsel, appointed or assigned by the
court, from among such members of the bar in good
standing who, by reason of their experience and
ability, may adequately defend the accused.
Counsel De Parte – a lawyer or attorney engaged by a party
to represent the latter in a case.
Court – a board or other tribunal, which decided a
litigation or contest.
Credible Evidence – is natural, reasonable and probable as
to make it easy to believe.
Crime Mala Inse – A crime so serious in its effects on
society as to call for the almost unanimous
condemnation of its members.
Criminal Action – one which involves a wrong or injury done
to the Republic of the Philippines, for the punishment
of which the offender is prosecuted in the name of the
People of the Philippines.
Criminal Jurisdiction – The authority to hear and try a
particular offense and impose the punishment for it.
Criminal Law – It defines crimes, treats of their nature and
provides for their punishment.
Criminal Liability –a person maybe criminally liable even if
the injurious result be greater than that intended.
Criminal Negligence – is the failure to take such
precautions or advance measures in the performance of
an act as the most common prudence would suggest.
Criminal Proceeding – The accused has the right to be heard
by himself and counsel.
Criminal Prosecution – The accused shall enjoy the right to
be heard by him and counsel, has always been
interpreted to mean proceedings before the trial court,
from arraignment to decision.
Cross Complaint – A pleading filed by one defendant against
one or more co-defendants, showing that he is entitled
to relief against him and them.
Cross-Defendant – the former is already within the
jurisdiction of the court, and a third party is not yet
within the court’s jurisdiction.
Cross-Examination – A process of examination by the adverse
party, by which the truth, accuracy, sincerity and
frankness of a witness is put to a test under the rules
of evidence.
De Facto Judge – a judge who in good faith continues to act
and is recognized by common error after the abolition
of his court by statute.
De Jure Judge – One who is exercising the office of judge as
a matter of right.
Demurrer – an allegation that, admitting the facts of the
preceding to be true.
Direct Evidence- Evidence, which proves the fact in despite
without the aid of any inference or presumption.
Discretion – the act or liberty to decide according to the
principles of justice and one ideas of what is right
and prefer under the circumstances.
Doctrine – That which is taught, what is held, put forth as
true, and supported by a teacher, a school or a sect; a
principle or position.
Document – a deed, instrument or other duty authorized paper
by which something is proved, evidence or set forth.
Documentary Evidence – These are the writing, symbol numbers
papers, anything that contains letters or writing,
which can be used to have a basis for the other
parties.
Dolo – a conscious and intentional design to evade the
normal fulfillment of existing obligations.
Domicile – The place where a person has a principal house or
habitation or where he keeps his family and his chief
place of business.
Due Process of Law – an exertion of the powers or the
government as the settled maxims of law permit and
sanction, and under such safeguard and protection of
individual’s right.
Dura Lex Sedlex – The law might be harsh but that is the
law.
Dwelling Place – any building or structure exclusively
devoted for rest and comfort.
Dying Declaration – The declaration of a dying person under
consciousness of an impending death.
Eminent Domain – The right of the government to take and
appropriate private property to public use.
Entrapment – The employment of means and ways for the
purpose of trapping and capturing a lawbreaker.
Equitable Estoppel – an obligation imposed by law whereby a
man who makes a particular statement or representation
by which he induces another the act in a certain way.
Equity Jurisprudence – A formal set of legal and procedural
rules and doctrines to aid and even override common and
statute law in order to protect lives and duties.
Error of Judgment – Error in the application of the law or
in the appreciation of evidence, committed by a court.
Error of Jurisdiction – One that renders an order or
judgment void or voidable and is reviewable on
certiorari.
Error of Law – an error by which a court induces itself to
act wholly without jurisdiction.
Estoppel by Deed – a bar, which preclude a party to a deed
and his privies from asserting as against the other.
Estoppel in Pais – a rule which states that whenever a party
has, by his own declaration, act or omission,
intentionally and deliberately led another to believe a
particular thing true.
Evidence – That which proves or disproves any matter in
question or to influence the belief respecting it.
Evidence of Guilt – refers to the finding of innocence of
culpability, regardless of the modifying circumstance.
Formal Party – one who has no interest in the controversy
between the immediate litigants, but such has an
interest as the subject matter.
Fact in Dispute – A fact is properly said to be in dispute
when it is alleged by one party and denied by the
other, or by both with some show of reason.
Factum Probandum - A fact to be proved or established.
Fair Hearing – A hearing before immigration officers in
accordance with the fundamental principles that where
in due process of law.
False Complaint – a crime committed to other by any person
who falsely charges another with acts.
Falsification – the misrepresentation of a thing, fact or
condition, certifying that a thing is true when it is
not.
Fault – There is fault when the wrongful acts results from
imprudence, negligence, lack of foresight or lack of
skill.
Fencing- The act of any person who, with intent to gain for
himself or for another, shall buy, possess, keep,
acquire, conceal, sell or dispose of.
Final Judgment – one that finally disposes of, adjudicates,
or determines the right, or some rights of the parties,
either on the entire controversy.
Final Order – One that puts an end to the particular matter
resolved. Leaving thereafter, no substantial proceeding
to be had in connection with.
Fiscal Year – An accounting period of twelve months ending
on the last day of any Month other than December.
Forcible Abduction – The abduction of any woman against her
will and with lewd design.
Forfeiture of Bond – Failure of the defendant to appear as
guaranteed in the bond, which is thereby violated by
said failure to appear.
Forgotten Evidence – Evidence with personal, physical
possession of a party.
Government - Institution of aggregate of institution by
which an independent society makes and carries out
those rules of action which are necessary to enable men
to live in a social state.
Government Agency – The term refers to the government
itself.
General law – A law, which applied to all of the people of
the state or to all of the particular class of person
in the state.
Gambling House - A building or structure or vessel; or part
there of in which gambling is frequently carried on.
General Demurrer – A demurrer, which plays the same rule as
a motion to dismiss.
Homicide – The crime of homicide is committed when death
ensures or follows. As the result of a wound inflicted
by another.
Hot Car – A vehicle imported into the country without
payment of the duties, taxes and other charges thereon.
Illegal Detention – That the offender is a public
individual, that he kidnaps or detained another, that
the act of kidnapping must be illegal.
Institute – to begin, to commence, to initiate, to
originate.
Intentional Fraud – Fraud consisting of deception and
deliberately done or resorted to in order to induce
another to give up some legal right.
Investigation – An, inquiry, judicial or otherwise, for the
discovery and collection of facts concerning the
matters involved.
Judge – A public officer who, by virtue of his office is
clothed with judicial authority.
-A public officer lawfully appointed to decide
litigated questions according to law.
Judgment – Is the finality as to claim or demand in
controversy, concluding parties and those privity with
them, which was offered to sustain or defeat.
Jurisdiction – means fundamentally the power or the capacity
given by the law to a court or tribunal to entertain,
hear and determine.
Justice – Is symbolically represented by a blind folder
woman holding with one hand, a sword and with the other
a balance equally to the poor and rich.
Kangaroo Court – term descriptive of a sham legal proceeding
in which a person’s right are totally disregarded and
 in which the result is a forgone conclusion because of
the bias of the court or other tribunal.
Kill – to deprive of life, to destroy the life of a person.
-The word homicide expresses the killing of a human
being.
Knowingly and Willfully – this phrase, in reference to
violation of statute, means consciously and
intentionally.
Knowledge – acquaintance with fact or truth.
- act or state of knowing or understanding; actual
knowledge, notice or information.
Lack of Jurisdiction – lack of power of a court to act in a
particular manner or to give certain kinds of relief.
Lapse – the termination or failure of a right or privilege
through neglect to exercise it within some limit of
time, or through failure of some contingency.
Law – that which is laid down, ordained or established.
-a rule or method according to which phenomena or
actions co-exist or follow each other.
-body of rules of action or conduct prescribed by
controlling authority and having binding legal force.
Law of Court of Appeals – an appellate tribunal, formerly
existing in the state of South Carolina, for hearing
appeals from the courts of law.
Law Enforcement Officer – those whose duty is to preserve
the peace.
Lawful – legal; warranted or authorized by the law.
-Having the qualifications prescribed by law.
-Not contrary to or forbidden by the law/not illegal.
Lawful arrest – the taking of person into legal custody
either under a valid warrant or on probable cause for
believing that he has committed a crime or under civil
process which permits his arrest.
Lawful entry – an entry on real estate, by one out of
possession, under claim or color of right and without
force or fraud
-and entry of premises pursuant to a search warrant.
Motion to quash – is a special pleading filed by the
defendant before entering his plea, which
hypothetically admits the truth of the facts spelled
out in the complaint or information at the same time
that it sets up a matter which, if duly proved, would
preclude further proceedings.
Murder – the unlawful killing of a human being by another
with malice aforethought, either express or implied.
Offense – a felony or misdemeanor
-Violation of law for which penalty is prescribed.
Offended Party – the person against when or against whose
property the crime was committed.
Private Crimes – crimes, which cannot be prosecuted de
oficio and requires that the criminal action be brought
at the instance of, and upon complaint expressly filed
by the offended party, are with specificity enumerated.
In title XI, book two or the Revised Penal Code that is
adultery, concubinage, seduction abduction or acts of
lasciviousness, as well as actions for defamation.
Prima Facie Evidence – is evidence, which, if unexplained or
uncontradicted, is sufficient to sustain a judgment in
favor of the issue, which it supports.
Probable Cause – as the existence of such facts and
circumstance as would excite the belief, in a
reasonable mind, that the person charged is probably
guilty.
Proper Officer – refers to officers authorized to conduct
the requisite preliminary investigation, namely, the
provincial or city prosecutors, and their assistants,
judge of the municipal trial courts and municipal
circuit trial courts national and regional state
prosecutors, and other officers as maybe authorized by
law.
Real Evidence – refers to the thing or fact or material or
corporate object or human body or parts, which can be
viewed or inspected by the court and which a party may
present in evidence.
Relevant Evidence – is one having any tendency to make the
existence, of any fact that is of consequence to the
determination of the action more probable or less
probable than it would be without the evidence.
Search Warrant – 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 therein and bring it
before a court.
Substantial Evidence- refers to the amount of relevant
evidence, which a reasonable mind accept as adequate to
justify a conclusion.
Testament – a testimonial or statement under oath or
affirmation in a judicial proceeding.
Testimony – a statement made by a witness, under oath,
usually related to a legal proceeding or legislative
hearing.
Territorial Jurisdiction – offender must be prosecuted in
the territory where ht offense was committed.
Territory – municipality or province wherein the offense was
committed.
Unconstitutional – conflicting with some provision of
constitution.
Unreasonable - arbitrary capricious, absurd exabitants.
Venue – it is defined as the particular country, or
geographical area, in which court with jurisdiction may
hear and determine case.
Void – empty, having no legal force, in effectual,
unenforceable and incapable of being ratified.
Vessel – vehicle for water, for voyage, the criminal action
maybe instituted and tried in the proper court of the
first port of entry.
Waive – the intentional or voluntary to abandon, repudiate
or surrender a claim, a privilege, a right, or the
opportunity to take advantage of some defect,
irregularity, or wrong. To give up right or claim
voluntarily.
Waiver – The intentional or voluntary relinquishment of a
known right, or such conduct as warrants on inference
of the relinquishment of such right.
Waiver of Immunity- A means authorized by statutes by which
a witness, in advance of giving testimony or producing
evidence, may renounce the fundamental right guaranteed
to him by constitutions, that no person shall be
compelled in any criminal case to be a witness against
himself.
Waiver of Premium Clause – Provision in insurance policy
providing for waiver of premium payments upon
disability of insured.
Want of Jurisdiction – lack of jurisdiction over person or
subject matter.
Wanton – Reckless, needless, malicious; characterized by
extreme recklessness or foolhandness; recklessly
disregardful of the rights or safety of others or of
consequences.
Warrant of Arrest – A written order of the court which is
made on behalf of the state; a sworn written statement
issued in the name of the People of the Philippines,
signed by a judge, directed to any peace officer
commanding him to arrest a designated person and bring
him to the court in order that he will be bound to
answer the commission of an offense; order to bring the
person to answer alleged offense before a court.
Warrant less Arrest – Arrest of a person without a warrant.
Water-Mark – Transparent design or symbol which can be seen
when paper is held up to the light and is use to
 identify the manufacturer of the paper or the
genuineness of the document such a check or stamp.
Wealth – Large quantity of possessions, assets, securities
and the like.
Weapon – An instrument of offensive or defensive combat, or
anything used, or designed to be used, in destroying,
defeating, or injuring a person. In the rule of
evidence, it is the number one to be presented.
Weight of Evidence – The balance or preponderance of
evidence; the inclination of the greater amount of
credible evidence, offered in a trial.
Westminster Confession – A document containing a statement
of religious doctrine.
Wharton Rule – In criminal law of conspiracy, the rule that
an agreement by two persons to commit a particular
crime cannot be prosecuted as conspiracy when the crime
cannot be prosecuted as conspiracy when the crime is of
such a nature as to require necessarily the
participation of the two persons.
Will – An instrument by which a person makes a disposition
of his real and personal property, to take effect after
his death, and which by its own nature is ambulatory
and revocable during his lifetime.
Willful – Proceeding from a conscious motion of the will;
voluntary; knowingly; deliberate.
Wiretapping – A form of electronic or mechanical
eavesdropping where, upon court order, law enforcement
officials surreptitiously listen to phone calls or
other conversations or communications of persons.
Withdrawal of Charges – a failure to prosecute by the person
preferring charges-distinguished from a dismissal,
which is a determination of their invalidity by the
tribunal hearing them.
Without Delay – Instantly; within the time allowed by law.
Without her Consent – This phrase, as used in the law of
rape, is equivalent to “against the will.”
Without Prejudice – Where an offer or admission is made
“without prejudice,” it is meant as declaration that no
rights or privileges of the party concerned are to be
considered as thereby waived or lost except in so far
as maybe expressly conceded or decided.
Witness – In general, one who, being present, personally
sees or perceives a thing; a beholder, spectator, or
eyewitness.
Wound- An injury to the body of a person or animal;
inflicted injury such laceration, cut, fracture or
bruise.
Writ – A written judicial order to perform a specified act,
or giving authority to have it done, as in a writ of
mandamus or certiorari, or as in an “original writ” for
instituting an action at common law.
Wrongful Levy – such as will entitle the owner of property
levied on to damages for wrongful execution, exists
where there has been done to a third person’s
personality those acts that would constitute a valid
and complete levy if the deptor’s property had been
seized.

“No more terms to define in relation to criminal procedure

as well as rule on evidence.”