Pointers-criminal jurisprudence/Gemini Criminology Review

and Training Center

SUBJECTS: BOOK 1, BOOK 2, CRIMINAL EVIDENCE AND
CRIMINAL PROCEDURE
1. The arraignment of an accused is not a prerequisite to the conduct
of hearing on his petition for bail. ARRAIGNMENT is the reading of
information/charged sheet to the person accused before the court
and asked him to plea.
2. The filing of criminal action for offenses punishable by the Revised
Penal Code interrupts the running of the period of prescription of the
offense CHARGED, unless otherwise provided in SPECIAL LAWS.
3. A complaint charging acts of lasciviousness which does not alleged
lewd designs, an essential element of all crimes against chastity, is
FATALLY DEFECTIVE.
4. CRIMINAL LAW – is that branch of municipal law which defines
crimes, treats of their nature and provides for their punishment.
5.Chief Characteristics of Criminal Law
a. Generality
b. Territoriality
c. Prospectivity
6. NULLUM CRIMEN NULLA POENA SINE LEGE- No crime when there
is no law punishing it.
7. MALA IN SE means that the act is inherently evil or bad; it is
wrongful like murder., and or violations of the Revised Penal Code.
8. MALA PROHIBITA – violation of special laws; or regulatory laws
like Illegal possession of firearms.
9. ERROR IN PERSONAE- mistake in identity
10. ABERRATIO ICTUS- mistake in the blow
11. PRAETER INTENTIONEM- where the consequence exceeded the
intention
12.PROXIMATE CAUSE- is that caused which sets into motion other
causes and which unbroken by any efficient supervening cause
produces felony without which such felony could not have resulted.
13. REQUISITES OF DOLO:a.Criminal Intent,b.Freedom of
Action,c.Intelligence
14. REQUISITES OF CULPA
a.Criminal Negligence; lack of skill, foresight;imprudence,b.Freedom
of Action
c.Intelligence
15.MISFEASANCE is the IMPROPER performance of some act which
might be lawfully done.
16. MALFEASANCE is the performance of some act which ought NOT
TO BE done.
17. NON-FEASANCE is the omission of some act which ought to be
performed.
18.CONSUMMATED FELONY- when all the elements necessary for its
execution and accomplishment are present. example- Pedro stabbed
to death Juan.
19.FRUSTRATED FELONY- when the offender performs all the acts of
execution which would produce the felony as a consequence but
which nevertheless do not produce it by reason of causes
independent of the will of the perpetrator. Example- Pedro stabbed
Juan using a kitchen knife. Juan was brought to the hospital. Due to
timely medical attention extended to Juan, he survived.
20.ATTEMPTED FELONY- When the offender commences the
commission of a felony DIRECTLY BY OVERT acts, and does not
perform all the acts of execution which should produce the felony by
reason of some cause or accident other than his own spontaneous
desistance. Example-PEDRO stabbed Juan with a knife but missed.
21. INSTIGATION- It takes place when a peace officer INDUCES a
person to commit a crime without it the crime would not have been
committed.
22. ENTRAPMENT- ways and means devised by peace officer to catch
or apprehend a person who has committed a crime, with or without
it, the crime would have already been committed.
23.DIFFERENCE BETWEEN INSTIGATION AND ENTRAPMENT—In
instigation, the criminal plan or design exist in the mind of the law
enforcer with whom the person instigated cooperated so it is said the
person instigated is acting only as a mere instrument or tool of the
law enforcer in the performance of his duties. On the other hand, in
entrapment, a criminal design is already in the mind of the person
entrapped. It did not emanate from the mind of the law enforcer.
Example- PO1 asked the accused about a house selling marijuana.
Accused pointed the house. Then, a poseur-buyer requested the
accused to buy marijuana for him. When the accused returned from
the known house bringing with him marijuana, the accused was
immediately arrested. HELD: INSTIGATION (Pp v.Olizon)
24. ARREST- is the taking of person into custody in order that he
may be bound to answer for the commission of an offense.
25. PROBABLE CAUSE- as such facts or circumstances which could
lead a reasonable discreet and prudent man to believe that an
offense has been committed and that the object sought in connection
with the offense are in the place sought to be searched. Examples:
where the distinctive odor of marijuana emanated from the plastic
bag carried by the accused; where informer positively identified the
accused who was observed to be acting suspiciously; where the
accused who were riding a jeepney were stopped and searched by
policemen who had earlier received confidential reports that said
accused would transport a quantity of marijuana (pp v. Maspil)
26. COMPLAINT- is a sworn written statement charging a person with
an offense, subscribed by the offended party, any peace officer or
other public officer charged with the enforcement of the law violated.
27. INFORMATION- is an accusation in writing charging a person with
an offense subscribed by the prosecutor and filed with the court.
28.PRELIMINARY INVESTIGATION- is an inquiry or proceeding for
the purpose of determining whether there is sufficient ground to
engender a well founded belief that a crime cognizable by the RTC
has been committed and that the respondent is probably guilty
thereof, and should be held for trial.
29. ALL CRIMINAL ACTIONS shall be prosecuted under the direction
and control of a public prosecutor.. In case of heavy workload or in
the event of lack of public prosecutors, the PRIVATE PROSECUTOR
may be authorized in writing by the Chief of the Prosecution Office or
the Regional State Prosecutor to prosecute the case subject to the
approval of the court. The private prosecutor shall continue to
prosecute unless the authority to appear for the State is revoked or
otherwise withdrawn.
30. AUTHORIZED TO CONDUCT PRELIMINARY INVESTIGATIONS:
1. PROVINCIAL OR CITY PROSECUTORS AND THEIR ASSISTANTS
2. NATIONAL AND REGIONAL STATE PROSECUTORS
3. OTHER OFFICERS AS MAY BE AUTHORIZED BY LAW….example
Ombudsman and his Deputies.
PERIOD: Within 10 days after the filing of the complaint,
IO shall either dismiss or issue subpoena the respondents;
Within 10 days from receipt of the subpoena, the
respondent shall submit his COUNTER AFFIDAVIT; MOTION TO
DISMISS shall not be allowed.
If no counter-affidavit within 10 days or respondent
cannot be subpoenaed, IO shall resolve the complaint on evidence
presented.
The IO may set hearing for clarification if there is a need
within 10 days from the submission of the counter-affidavits; It shall
be terminated within 5 days.
Within 10 days after the investigation, the IO shall
resolved the complaint whether dismissal or not.
32. Doctrine of Parens Patriae(father of his country) refers to the
inherent power and authority of the State to provide protection of the
person and property of a person non sui juris. Under that doctrine,
the State gas the sovereign power of guardianship over persons
under disability.
33. SEARCH WARRANT- is an order in writing issued in the name of
the PP signed by a judge and directed to a peace officer,
commanding him to search for personal property described therein
and bring it before the court. VALIDITY OF SEARCH WARRANT IS
TEN (10) DAYS ONLY.
34. PLEA BARGAINING- is the process whereby the accused and the
prosecutor in a criminal case work out a mutually satisfactory
disposition of the case subject to court approval. It usually involves
the defendant’s pleading guilty to a lesser offense or to only one or
some of the counts of a multi-count indictment in return for a lighter
sentence than that for the graver charge.
35.MALVERSATION-(Art217,RPC) any PUBLIC OFFICER who, by
reason of the duties of his office, is accountable for public funds or
property, shall appropriate the same, or shall TAKE OR
MISAPPROPRIATE or shall CONSENT, or through ABANDONMENT or
NEGLIGENCE, shall permit, any other person to take such public
funds or property, wholly or partially. Example: City Treasurer used
public funds to purchase personal property or City mayor bought a
house for his girlfriend using public funds.
36. TECHNICAL MALVERSATION- is the appropriation of public funds
or property to another purpose different from that for which the fund
or property is appropriated by law or ordinance. Example: The public
funds were used by the Mayor in constructing school buildings. The
said public funds were appropriated for the purpose of constructing
two bridges. This is technical malversation although no public funds
went to the pocket of the mayor.
37.ESTAFA (Art315,RPC) is committed by PRIVATE INDIVIDUAL who
defrauded another by UNFAITHFULNESS or ABUSE OF CONFIDENCE;
false pretenses or fraudulent acts executed prior to or simultaneous
with the commission of the fraud; deceit, fraudulent practice,
concealing or destroying any court record, office files, document or
any other papers. Example: Juan entered a resto bar and ordered
bottles of beers and food. Juan left the resto bar without paying and
was accosted by the security guard of the resto bar. It was found out
that Juan has no money to pay for the bills. This is estafa.
38. CONSPIRACY- (Art8, RPC) when two or more persons come to an
agreement concerning the commission of a felony and decide to
commit it.
39. ELEMENTS OF SELF-DEFENSE
1. Unlawful aggression
2. Reasonable necessity of the means used to prevent or
repel it
3. Lack of sufficient provocation on the part of the person
defending himself.
40. EVIDENCE- is a means sanctioned by these rules of ascertaining
in judicial proceedings the truth respecting a matter of fact.
41. OBJECT EVIDENCE refers to objects which are addressed to the
senses of the court. It may be exhibited to, examined or viewed by
the court.
42. DOCUMENTARY EVIDENCE consists of writings or materials
containing letters, words, numbers, figures, symbols or other mode
of written expressions offered as proof of the contents.
43. BEST EVIDENCE RULE- only the original written agreement
should be presented
44. PAROL EVIDENCE RULE-written terms and conditions shall not be
rebuked by other statements not found in the instrument.
45. SUBPOENA AD TESTIFICANDUM- oral testimony
46. SUBPOENA DUCES TECUM- order of the court directing the
person in charge or in possession of document to bring the said
document to the court. Example: The Registrar of the Registry of
Deeds is directed by the court to bring to the court the land title of a
parcel of land which is the subject of the land dispute.
47. ARBITRARY DETENTION—
1. A barrio lieutenant, seeing his servant quarreling with
his daughter, seized the servant and an hour later sent
him to the Justice of the Peace. The servant was kept in
detention from 5 p.m. to 9 a.m. the next day when he
was released by the Justice of the Peace. HELD: The
barrio lt. was guilty of arbitrary detention, because he
detained the offended party WITHOUT ANY REASON
THEREFOR, such as the commission of the crime, and
without having the authority to do so,(US v.Gellaga)
2. A Manila detective arrested John Madudahan because
of suspicion that he might be implicated in the plot to
assassinate the President and that he was related to Jose
Maria Sison, chairman of the Communist Party of the
Philippines. HELD: mere suspicion of his connection with
any murderous plot is no ground recognized by law for
restraining the freedom of any individual. The detective
was guilty of arbitrary detention.
3. A peace officer must have a warrant of arrest properly
issued by the court in order to justify an arrest. If there is
no such warrant of arrest, the arrest of a person by a
public officer may constitute arbitrary detention unless
otherwise it falls under the instances of warrantless
arrest.
4. A private individual who makes a lawful arrest must
also comply with the requirements prescribed in Art. 125.
If he fails to do so, he shall be guilty of ILLEGAL
DETENTION NOT ARBITRARY DETENTION.

NUMBER OF HOURS:

12 HOURS for CRIMES OR OFFENSES punishable by

LIGHT PENALTIES or their equivalent.
18 HOURS for CRIMES OR OFFENSES punishable by
CORRECTIONAL PENALTIES or their equivalent.
36 HOURS for CRIMES OR OFFENSES punishable by
AFFLICTIVE OR CAPITAL PENALTIES or their equivalent.
48. SUBORNATION OF PERJURY-
1. B induced A to testify falsely against a fiscal. A, after
having been duly sworn , knowingly and willfully testified
falsely against the fiscal that the latter attempted to rape
her (A’s) daughter. HELD: B was guilty of subornation of
perjury. B not only knowingly and willfully induced A to
swear falsely, but he did so maliciously, as it appeared
from the record that he was an enemy of the fiscal who
had prosecuted him before.

49. ROBBERY--- Facts: While several persons were perfecting the

purchase and sale of several tins of opium, certain police officers,
conspiring together with some Chinese to obtain possession of said
opium, came to the scene and by means of intimidation seized the
opium, without causing the prosecution of the offenders , and
thereafter said police officers appropriated the opium. HELD:
ROBBERY was committed.
1. A picked the pocket of B and, having taken B’s wallet, A
walked away. B felt that his wallet was gone. He looked around
and saw A just a few meters away. B approached A and asked
for his wallet. A threatened B with bodily harm, boxed the
latter, and ran away. Is the crime committed by A theft or
robbery? IT IS THEFT, because the taking of the wallet of B by
A was already complete when A used violence against and
intimidation of B.
2. A receiving teller of a bank, taking advantage of his position,
appropriated the amount of 40 thousand pesos which he had in
his possession. HELD: QUALIFIED THEFT because the
possession of the defendant as receiving teller was the
possession of the bank, as he had only the physical, not the
juridical, possession of the money. There was grave abuse of
confidence.
50. VENUE – or (PLACE OF TRIAL) The Supreme Court has the power
to order a CHANGE of venue or place of trial to AVOID MISCARRIAGE
OF JUSTICE…
51. JURISDICTION- the authority of hear
52. PRE JUDICIAL QUESTION- (a) previously instituted civil action
involves an issue similar or intimately related to the issue raised in
the subsequent criminal action, and (b) the resolution of such issue
determines whether or not the criminal action may proceed.
53. PROOF BEYOND REASONABLE DOUBT- is that degree of proof
which produces conviction in an unprejudiced mind. Only moral
certainty is required.
54. ALIBI as a defense is inherently weak and crumbles in the light of
positive identification by truthful witnesses. To prosper, 2 requisites:
the presence of accused in another place at the time of the
commission of the offense; the physical impossibility for him to be at
the scene of the crime at the time of its commission.
55.Direct evidence that DIRECTLY proves a fact without the need to
make an inference from another fact.
56. CIRCUMSTANTIAL EVIDENCE that INDIRECTLY PROVES A FACT
in issue through an inference which the fact finder draws from the
evidence established.
57. CUMULATIVE EVIDENCE refers to the SAME KIND that tends to
prove the same fact.2 or more witnesses testify that they saw the
event which the first witness claimed he saw, the subsequent
testimonies constitute the cumulative evidence.
58. CORROBORATIVE EVIDENCE tends to confirm, validate, or
strengthen evidence already presented.
59. An offer to pay or the payment of medical, hospital or other
expenses occasioned by an injury is NOT ADMISSIBLE in evidence as
proof of civil or criminal liability for the injured party.
60. MARITAL DISQUALIFICATION RULE- FORBIDS the husband or
the wife TO TESTIFY FOR OR AGAINST THE OTHER WITHOUT THE
CONSENT of the affected spouse.
61. MISLEADING QUESTION IS ONE WHICH ASSUMES AS TRUE A
FACT NOT YET TESTIFIED TO BY THE WITNESS, or contrary to that
which he has previously stated.
62. DYING DECLARATION utterances UNDER CONSCIOUSNESS OF A
DEATH that is to immediately come is a preliminary question of fact
for the trial court to determine.
63. LEADING QUESTION is a question which suggests to the witness
the answer which the examining party desires.
64. DIGITAL SIGNATURE refers to an ELECTRONIC SIGNATURE
consisting of a transformation of an electronic document
65. THEFT- personal property, WITH INTENT TO GAIN
66. BAIL- is matter of right; FORMS: SURETY, PROPERTY,CASH AND
RECOGNIZANCE
67. INFANTICIDE- less than 3 days old child
68. PARRICIDE- any person who shall kill his father, mother or child,
or his legitimate ascendants or descendants, or legal wife
69. GRAVE THREATS- threaten another with infliction (crime) upon
the person, honor, or property.
70. GRAVE COERCION- any person who without authority of law shall
by means of violence, threats or intimidation prevent another from
doing something not prohibited by law or compel him to do
something against his will, whether it be right or wrong.
71. DIRECT BRIBERY- PUBLIC OFFICER who shall agree to perform
an act constituting a crime, in connection with the performance of his
official duties in consideration of any offer. Gift or promise.
72. ADULTERY-married woman having carnal knowledge with a man
other than her husband.
73. ALARMS AND SCANDAL- Any act calculated to cause alarm or
danger
74. KIDNAPPING- any private individual detaining a person against
his will or deprive him of his libery
75. STATUTORY RAPE- ANY GIRL LESS THAN 12 YEARS OLD EVEN
IF SHE GIVE HER CONSENT IS STATUTORY RAPE.
76. PLUNDER, any person charged with malversation of public funds
amounting to FIFTY MILLION PESOS.
77. Slander by deed is a crime against honor which is committed by
performing any act which casts dishonor,discredit or contempt upon
another person.
78. Anti-Wire Tapping Act.RA4200…recording private communication
without legal order is a violation of this law.
79. Treason cannot committed in time of peace. It is committed only
during WAR. It is a breach of allegiance to a government, committed
by a person who owes allegiance to it.
80. The officer, if refused admittance to the place of directed search
after giving notice of his purpose and authority may BREAK OPEN
any outer or inner door of window of a house or any part of a house
or anything therein to execute the warrant or liberate himself or any
person lawfully aiding him when unlawfully detained therein.
81. No search of a house, room or any other premises shall be made
except in the presence of the lawful occupant thereof or any member
of his family or in the presence of the latter, in the presence of two
witnesses of sufficient age and discretion residing in the same
locality.
82. READING A BIBLE AND THEN ATTACKING CERTAIN CHURCHES
IN A PUBLIC PLAZA IS NOT A CEREMONY OR MANIFESTATION OF A
RELIGION, BUT ONLY A MEETING OF A RELIGIOUS SECT.
83. REBELLION always involves TAKING UP ARMS AGAINST the
Government. The crime of rebellion or of inciting it is by nature a
crime of masses of a multitude. It is a vast movement of men and a
complex net of intrigues and plots.
84. TERRORISM AS A CRIME , a person who commits an act
punishable as rebellion or insurrection, thereby sowing and creating a
condition of widespread and extraordinary fear and panic among the
populace , in order to coerce the government to give in to an
unlawful demand.
85. COUP D’ETAT- is a swift attack, accompanied by violence,
intimidation, threat, strategy or stealth, directed against duly
constituted authorities of the Republic of the Philippines, or any
military camp or installation, communications networks, public
utilities or other facilities needed for the exercise and continued
possession of power, singly or simultaneously carried out anywhere
in the Philippines by any person(s), belonging to the military or police
or holding any public office or employment, with or without civilian
support or participation, for the purpose of seizing or diminishing
state of power.
86. The act of the accused in preventing by force the holding of a
popular election in certain precincts, without public uprising, is direct
assault.
87. Where the appellant had shouted to the offended party( a
policeman) and accused him of knowing very little about
investigation, and while the offended party was taking to the desk
sergeant, he pushed said offended party and gave him blows with his
hands which, however, he was able to evade, the aggression should
not be considered as an assault but merely as resistance to an agent
of a person in authority.
88. Laying hands upon a person in authority while in the performance
of his official duties constitutes DIRECT ASSAULT.
89. Pointing a gun at a military police captain who is in the
performance of his duty constitutes assault upon an agent of person
in authority because there is serious intimidation.
90. Threatening to give a fist blow made to a policeman who was
arresting the accused would not constitute direct assault by
intimidating because the intimidation is not serious.
91. Teachers, professors and persons charged with supervision of
public or duly recognized private schools, colleges and universities
shall be deemed persons in authority, in applying the provisions of
Art 148 and 151
92. TRAFFICKING IN PERSONS refers to the recruitment,
transporation, transfer or harboring or receipt of persons with or
without the victim’s consent or knowledge, within across national
borders by means of threat or use of force, or other forms of
coercion, abduction, fraud, deception, abuse of power or of position,
taking advantage of the vulnerability of the person, or giving or
receiving of payments or benefits to achieve the consent of the a
person having control over another person for the purpose of
exploitation which includes at a minimum, the exploitation or the
prostitution of others or other forms of sexual exploitation, forced
labor , servitude or the removal or sale of organs

93. Charivari includes a medley of discordant voice, a mock serenade

of discordant noises made on kettles, tins, horns,etc. ,designed to
annoy and insult.
94. Statutory rape: when the girl is under 12 years of age
95. Infanticide defined as killing of any child less than 3 days of age,
whether the killer is the parent or grandparent, any other relative of
the child, or a stranger
96. Unjust vexation includes any human conduct which, although not
productive of some physical or material harm would, however,
unjustly annoy or vex an innocent person.
97. Examples of illegal discharge of firearm
1. As the accused aimed at the gun at, and was about to shoot,
the offended party who was then seated, a third person tapped
it down so that when it fired, the bullet hit the floor.
2. The accused intimidated the complaining witnesses by pointing
his revolver in their direction, whereupon they threw
themselves upon and disarmed him. In the course if the
struggle, the accused discharged the revolver so close to one
complaining witnesses.Held:Illegal discharge of firearm.
3. B, with intention to knock A with the butt of the gun,
approached A but the latter met B and tried to snatch the gun
away from B.In the course of struggle, the gun was fired by B
at couple of meters infront of A. Held: a is guilty of illegal
discharge of firearm

R.A. 6981 –WITNESS PROTECTION PROGRAM

R.A. 7438- RIGHTS OF PERSON ARRESTED, DETAINED OR
UNDER CUSTODIAL INVESTIGATION
R.A. 9372- HUMAN SECURITY ACT OF 2007
R.A. 9344- ACT ESTABLISHING COMPREHENSIVE JUVENILE
JUSTICE AND WELFARE SYSTEM
R.A.9165- COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002