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MODULE 3
CRIMINAL PROCEDURE
This area covers the subjects CLAWJ 1
(Introduction to Criminal Justice System), CLAWJ 2 (Human
Rights Education), CLAWJ 3 (Criminal Law 1), CLAWJ 4
(Criminal Law 2), and CLAWJ 5 (Evidence).
Criminal law generally defines
the rights and obligations of individuals in society. Some
common issues in criminal law are the elements of specific
crimes and the elements of various criminal defenses.
Criminal procedure generally concerns the enforcement of
individuals’ rights during the criminal process. Examples of
procedural issues are individuals’ rights during law
enforcement investigation, arrest, filing of charges, trial, and
appeal.
As with most professions, knowledge is key, but
believe it or not, earning a degree and working in the criminal justice field is not as tough as it may seem. While
academic programs and on-the-job training are rigorous and necessary, they're doable, not difficult.

Module 3
Lesson 1: CLAWJ 1
(Introduction to Criminal Justice System)
Criminal Justice System - is the system of practices and institutions of governments directed at upholding social
control, deterring and mitigating crime or sanctioning those who violate laws with criminal penalties and rehabilitation
efforts.

Goals of Criminal Justice
1. to protect individuals and society
2. to reduce crime by bringing offenders to
justice
3. to increase the security of the people
Criminal Justice System consists of three main parts
1. legislative - create laws
2. courts - adjudication
3. corrections - jail, prison, probation, parole

Participants of Criminal Justice System (Pillars of CJS)

1. police - first contact of offender since they investigate wrongdoing and makes arrest.
2. prosecution - proves the guilt or innocence of wrongdoers.
3. court - venue where disputes are settled and justice is administered.
4. correction - after accused is found guilty, he is put to jail or prison to be reformed.
5. community - where the convict after service of sentence comes back to be integrated to be a productive
member of society.

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Community Policing - the system of allocating officers to particular areas so that they become familiar with the local
inhabitants.

Early History of Punishment

1. Early Greece and Rome
     a. most common state administered punishment was banishment and exile.
     b. economic punishment such as fins for such crime as assault on slave, arson, or house breaking.
2. Middle 5th to 15th century
     a. blood feuds were the norm.
     b. law and government not responsible for conflict.
3. Post 11th century feudal periods
     a. fine system, punishment often consisted of payment to feudal lord.
     b. goals, public order and pacifying the injured.
     c. corporal punishment for poor who cannot pay.
4. 1500's
     a. urbanization and industrialization, use of torture and mutilation showed and punishment began to be more
monetary based.
     b. use of gallery slaves - ship-rowers.
     c. shipped inmates to american colonies
5. 1700's - early 1800's
     a. increase in prison population
     b. gap between rich and poor widens
     c. physicality of punishment increases

Goals of Punishment
1. General Deterrence - the state tries to convince potential criminals that the punishment they face is certain, swift,
and severe so that they will be afraid to commit an offense.
2. Specific Deterrence - convincing offenders that the pains of punishment is greater than the benefits of crime so
they will not repeat their criminal offending
3. Incapacitation - if dangerous criminals are kept behind bars, they will not be able to repeat their illegal activities.
4. Retribution/Just Desert - punishment should be no more or less than the offender’s actions deserve, it must be
based on how blameworthy the person is.
5. Equity/Restitution - convicted criminals must pay back their victims for their loss, the justice system for the costs of
processing their case and society for any disruption they may have caused.
6. Rehabilitation - if the proper treatment is applied, an offender will present no further threat to society
7. Diversion - criminals are diverted into a community correctional program for treatment to avoid stigma of
incarceration. The convicted offender might be asked to make payments to the crime victim or participate in a
community-based program that features counseling.
8. Restorative Justice - repairs injuries suffered by the victim and the community while insuring reintegration of the
offender. Turn the justice system into a healing process rather than a distributor of retribution and revenge.

3 Broad Categories of Crime

1. Sensational crime
2. Street Crime
3. Corporate Crime, White Collar Crime, and Organized Crime.

Sensational Crime - certain offenses are selected for their sensational nature and made into national issues.Much of

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what we know about crime comes from the media.

Street Crime - includes a wide variety of acts both in public and private spaces including interpersonal violence and
property crime.
Justice - the quality of being just, fair and reasonable.
Rule of law - is a legal maxim whereby governmental decisions be made by applying known legal principles.
Judge - a public officer who presides over court proceedings and hear and decide cases in a court of law either alone
or as part of a panel of judges.
Prosecutor - the person responsible for presenting the case  in a criminal trial against an individual accused of
breaking the law.
Law - is a system of rules of conduct established by the sovereign government of a society to correct wrongs,
maintain the stability of political and social authority and deliver justice.
Plaintiff - the person who brings a case against another in court of law.
Respondent - the defendant in a lawsuit.
Appellee - the respondent in a case appealed to a higher court.
Appellant - the party who appeals the decision of the lower court. A person who applies to a higher court for a
reversal of the decision of a lower court.
Stare Decisis - the legal principle of determining points in litigation according to precedent. Latin for "to stand by that
which is decided", general practice of adhering to previous decisions when it makes new one.
Miranda Doctrine - criminal suspect has the right to remain silent which means they have the right to refuse to
answer questions from the police. They have the right to an attorney and if they can not afford an attorney, one will
be provided for them at no charge.
Pro Bono - legal work done for free.
Writ - a form of written command in the name of the court or other legal authority to act or abstain from acting in
some way.
Subpoena - is a writ issued by a court authority to compel the attendance of a witness at a judicial proceeding.
Summon - a legal document issued by a court or administrative agency of government authoritatively or urgently call
on someone to be present.
Discretion - the use of personal decision making and choice in carrying out operations in the criminal justice system.

What is twelve table? early Roman laws written around 450 BC which regulated family. religious, and economic life.

What is the medical model of punishment?

- a view of corrections holding that convicted offenders are victims of their environment or sick people who were
suffering from some social malady that prevented them into valuable members of society.

What is the difference between Indeterminate sentence and Determinate sentence?

1. Indeterminate sentence
    a. a term of incarceration with a stated minimum and maximum length. ex. 3-10years
    b. prisoner is eligible for parole after the minimum sentenced has been served.
    c. based on belief that sentences fit the criminal, indeterminate sentences allow individualized sentences and
provide for sentencing flexibility.
    d. judges can set a high minimum to override the purpose of the indeterminate sentence.
2. Determinate sentence
    a. a fixed term of incarceration ex. 3 years
    b. these sentences are felt by many to be restrictive for rehabilitative purposes.
    c. offenders know exactly how much time they have to serve.

Various Factors Shaping Length of Prison Terms

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1. Legal Factors 2. Extra Legal Factors

    a. the severity of the offense     a. social class
    b. the offenders prior criminal record     b. gender
    c. whether the offender used violence     c. age
    d. whether the offender used weapons     d. victim characteristics
    e. whether the crime was committed for money

Important Notes to Remember:

 Mala Prohibita - A behavior that is morally wrong. Wrong in any context, even if there is no law against it.
 Mala In Se - Also known as statutory crimes. Are Acts that are criminal because they are prohibited by law.
 Retribution - (Vengeance)(Revenge) punishment inflicted on someone as vengeance for a wrong or criminal act.
 Deterrence - A thing that discourage or intended to discourage someone from doing something.
 Punishment - the infliction or imposition of a penalty as retribution for an offense.
 Rehabilitation - restore someone to health or normal life by training and therapy after imprisonment, addiction, or
    illness.
 Recognizance - a bond by which a person undertakes before a court to observe some condition specially to appear
when summoned.
 Curfew - a regulation requiring people to remain indoors between specified hours, typically at night.
 Truancy - the action of staying away from school without good reason; absenteeism.
 Secondary Victims - family and friends of an individual who has been victimized.
 Wedding Cake Model - An explanation of the workings of the criminal justice system that shows how cases get
filtered according to the seriousness of the offense.
 Crime Prevention - Measures taken to reduce the opportunity for crime commission by individuals predisposed to
such.
 Crime Control Model - A model of the criminal justice system that emphasizes the efficient arrest and processing of
alleged criminal offenders.
 Due Process Model - A model of the criminal justice system that emphasizes individual rights at all stages of the
    justice process.
 Moral Panic - The reaction by a group of people based on exaggerated or false perceptions about crime and
criminal behavior.
 Victim Advocate - A professional who assists the victim during the post victimization period.
 Manor - A large country house with lands; the principal house of a landed estate.
 Statute of Winchester - (1285) Declared that each district or hundred would be held responsible for unsolved crimes.
Each man was to keep arms to take part in the Hue and Cry when necessary.
 Tithing - Earliest type of community organized policing. Based on principles of self-help and collective responsibility.
Each Tithing consisted of 10 men who were accountable for policing each other.
 Sheriff - Supervision of the tithing was a responsibility of the sheriff, the local representative of the king.
 The Act of Settlement of 1701 - In England, was designed to secure the protestant succession to the throne and to
strengthen the guarantees for ensuring parliamentary system of government. The act also strengthened the bill of
rights (1689) which had previously established the order of succession of Mary II's heirs. One of the most important
 provisions of this act was the recognition that judges should hold office only during good behavior and could be
removed only with the consent of the parliament.
 Bill of Rights - A statement of fundamental rights and privileges. The bill of rights is an act of the Parliament of
England whose title is " And Act Declaring the Rights and Liberties of the Subject and Settling the Succession of the
Crown". It is often called the English Bill of Rights.

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 Writ of Habeas Corpus - A writ ordering a prisoner to be brought before a judge. It is a writ or legal action through
which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another
person coming to his aid.
 Constitution - A body of fundamental principles or established precedents according to which a state or other
organization is acknowledged to be governed.
 Magna carta - A Charter of Liberty and political rights obtained from King John of England by his rebellious Barons
at Runnymede in 1215 which came to be seen as the seminal document of English constitutional practice.
 Euthanasia - helping another person commit suicide.
 Shaken Baby Syndrome - A situation of shaking a baby. An infant’s brain is so vulnerable, just one or two violent
shakes can result in serious injury or even death.
 Sodomy - Refers to forced anal or oral sex or those same acts when they're done consensually between an adult
      and a juvenile.
 Narcissistic personality Disorder - Someone with this disorder generally sees herself as very important, need others
to see her as important, and lacks the ability to experience empathy with others.
 Anti-Social Personality Disorder - Someone with these disorders has a pattern of disregarding the rights of others
that starts when she's a juvenile and progresses into adulthood.
 Psychopath - is a predator who uses charm, manipulation, and violence to control others and achieve her own
selfish needs without experiencing any guilt or remorse.
 Pyramid Scheme - a form of investment in which each paying participant recruits two further participants with
returns being given to early participants using money contributed by later ones.
 Ponzi Scheme - a form of fraud in which belief in the success of non-existent enterprise is fostered by the payment
of quick returns to the first investors from money invested by later investors.
 Fence - would buy stolen items for a huge discount and then resell those items.
 Embezzlement - is the act of stealing from your employer.

Module 3
Lesson 2: CLAWJ 2
(Human Rights Education)
 ACCESSION: Acceptance of a TREATY by a state that did not participate in its negotiation or drafting.
 ADOPTION: Process by which a state agrees to international law; with regard to treaties, adoption usually refers
to the initial diplomatic stage at which a treaty is accepted; in order to become effective, after adoption a TREATY
usually must be RATIFIED by the legislature.
 ADMISSIBILITY REQUIREMENTS: The initial prerequisites that an individual, group or state must fulfill before it
is permitted to present its CLAIM to a particular TREATY-MONITORING BODY or other HUMAN RIGHTS fact-
finding or judging organization or court.
 ADVISORY OPINION: Opinion of a court or court-like body that provides an interpretation of a law or norm;
advisory opinions differ from other forms of opinions in that the advisory opinion need not concern a concrete
case (one presenting real parties claimed to be harmed and entitled to a REMEDY).
 ADVOCACY: specific, short-term activities to reach a long-term vision; actions designed to draw a community's
attention to an issue and to direct policy makers to a solution.
 AFRICAN CHARTER ON HUMAN AND PEOPLES' RIGHTS (adopted 1981, entered into force 1986): Establishes
HUMAN RIGHTS standards and protections for the African region; notable for addressing community and group
rights and duties.
 AFRICAN COMMISSION ON HUMAN AND PEOPLE’S RIGHTS: Institutional body primarily responsible for the

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promotion and protection of human rights in Africa.

 AMERICAN CONVENTION ON HUMAN RIGHTS (adopted in 1969; entered into force 1978): Establishes
HUMAN RIGHTS standards and protections for the Americas; creates the INTER-AMERICAN COMMISSION ON
HUMAN RIGHTS.
 AMERICAN DECLARATION ON THE RIGHT AND DUTIES OF MAN (1965): NON-BINDING declaration of
regional HUMAN RIGHTS standards; it has evolved into an influential document as the AMERICAN COURT OF
HUMAN RIGHTS has given normative value to the Declaration.
 BEIJING DECLARATION AND PLATFORM FOR ACTION: Consensus document emerging from the 1995 Fourth
World Conference on Women in Beijing, reviewing and re-affirming women's HUMAN RIGHTS in all aspects of
life; signed by representatives at the Conference and morally but not legally binding.
 BILATERAL TREATY: Formal, binding agreement between two states.
 BRETTON WOODS INSTITUTIONS: See INTERNATIONAL FINANCIAL INSTITUTIONS, INTERNATIONAL
MONETARY FUND (IMF) and WORLD BANK.
 CAIRO PROGRAMME FOR ACTION: Consensus document which emerged from the 1994 International
Conference on Population and Development in Cairo, affirming women's reproductive health and rights; signed by
representatives at the Conference and morally but not legally binding.
 CHARTER OF THE UNITED NATIONS (signed 1945; entered into force 1945): Initial document of the United
Nations which spells out the rules for the UN and restates some of the basic principles of international law.
 CLAIM: Allegation by an individual or state that it is entitled to a REMEDY for an injury caused by an offender
(usually the state).
 COMMISSION ON HUMAN RIGHTS: Body formed by the ECONOMIC AND SOCIAL COUNCIL (ECOSOC) of
the United Nations to deal with HUMAN RIGHTS; one of the first and most important international HUMAN
RIGHTS bodies.
 COMMISSION ON THE STATUS OF WOMEN (CSW): Body formed by the ECONOMIC AND SOCIAL COUNCIL
(ECOSOC) of the United Nations as the principal UN policy-making body for women; monitors implementation of
the BEIJING PLATFORM FOR ACTION.
 COMMITTEE AGAINST TORTURE: The TREATY MONITORY BODY established by the CONVENTION
AGAINST TORTURE AND OTHER CRUEL, INHUMANE, DEGRADING TREATMENT OR PUNISHMENT to hear
violations of that CONVENTION.
 COMPLAINT: In legal terms, the initial document that begins an action; a complaint sets forth a brief summary of
what happened and argues why relief should be granted. In a human rights case, the complaint (or PETITION, or
COMMUNICATION) alleges that government, or individual or institution that must answer to human rights
standards (such as a surrogate of the government) has violated the HUMAN RIGHTS of specific individuals or
groups of individuals.
 COMPLAINT-INFORMATION PROCEDURES: The goal of complaint-information procedures is not to redress
individual grievances but to identify broad human rights violations affecting a large population; petitions are
received only as part of the information before the body considering the matter; authors of PETITIONS have no
right to a REMEDY and may not even have a right to be informed about the disposition of the case.
 COMPLAINT-RECOURSE PROCEDURES: The goal of complaint-recourse procedures is the redress of specific
grievances. A successful procedure in this case may result in a legally enforceable REMEDY, orders that force
the government to compensate a victim, reprimand the perpetrator or even change government policies and
practices.
 CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION (CERD) (adopted 1965;
entered into force 1969): CONVENTION defining and prohibiting racial discrimination.
 CONVENTION ON THE POLITICAL RIGHTS OF WOMEN (approved 1953; entered into force 1954): Early
CONVENTION re-affirming women's rights in the political sphere.
 CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE (approved 1948,
entered into force 1951): International CONVENTION defining and prohibiting GENOCIDE; first human rights

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TREATY of the United Nations.

 CONVENTION ON THE PROTECTION OF THE RIGHTS OF MIGRANT WORKERS AND MEMBERS OF THEIR
FAMILIES (adopted 1990; not yet entered into force in 1998): CONVENTION defining the rights of migrant
workers and their families.
 CONVENTION ON THE RIGHTS OF THE CHILD (CRC) (adopted 1989; entered into force 1990): CONVENTION
setting forth a full spectrum of civil, cultural, economic, social and political rights of children.
 CONVENTION RELATING TO THE STATUS OF REFUGEES (adopted 1951; entered into force 1954; revised by
1967 Protocol): Main CONVENTION establishing the definition of a REFUGEE and stating the rights of refugees
and obligations of receiving states; defines a refugee as a person who has a well-founded fear of persecution for
reasons of race, religion, nationality, membership in a particular social group or political opinion and who is
outside the country of origin. Uprooted people who stay within their country are known as DISPLACED PEOPLE.
 DECLARATION: Document represents agreed upon standards, but which is not legally binding; United Nations
conferences usually produce two sets of declarations: one by government representatives and one by
NONGOVERNMENTAL ORGANIZATIONS (NGOs); the GENERAL ASSEMBLY often issues influential but
legally NON-BINDING declarations.
 DECLARATION ON THE ELIMINATION OF DISCRIMINATION AGAINST WOMEN (1967): NON-BINDING
declaration of the GENERAL ASSEMBLY on the rights of women; precursor to the CONVENTION ON THE
ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN.
 DISCRIMINATION AGAINST WOMEN: Defined in the WOMEN’S CONVENTION as "Any distinction, exclusion or
restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition,
enjoyment or exercise by women, irrespective of their marital status, on the basis of equality of men and women,
of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field."
(Article 1).
 DISPLACED PERSON: A person who flees his or her homeland due to political persecution or war, but does not
cross state borders; displaced persons can be used as a phrase to refer to people who may consider themselves
to be REFUGEES but who do not qualify for official refugee status under the CONVENTION RELATING TO THE
STATUS OF REFUGEES.
 DIVISION ON THE ADVANCEMENT OF WOMEN: See UNITED NATIONS DIVISION ON THE ADVANCEMENT
OF WOMEN.
 DOMESTIC SYSTEMS: Legal systems of a particular country; used synonymously with NATIONAL SYSTEMS.
 DOMESTIC VIOLENCE: Violence among members of a family or household; in these cases, one person gains
power through use of physical or emotional coercion; any person in a household could be the target of domestic
violence but it is most frequently experienced by women.
 ENVIRONMENTAL JUSTICE: Term used to express a positive interconnection of environmental and social rights.
 ENVIRONMENTAL RACISM: Term used to express the disproportionate state of environmental conditions and
health that people of colour endure as one aspect of racial discrimination in society.
 EQUALITY: The notion that all human beings are entitled to the same human rights without distinction. Article 2 of
the UDHR embodies an equality principle. Equality does not necessarily mean treating people the same but
rather taking whatever steps are necessary to promote a more just society for all.
 EUROPEAN COMMISSION: The administrative and executive institution of the EUROPEAN UNION.
 EUROPEAN COMMISSION ON HUMAN RIGHTS: Body established by the EUROPEAN CONVENTION FOR
THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS to investigate grievances of
HUMAN RIGHTS and brings charges of violations. The Commission consists of a number of members equal to
that of the number of contracting parties to the CONVENTION.
 EUROPEAN PARLIAMENT: The principal deliberative and supervisory institution of the EUROPEAN UNION.
 EUROPEAN SOCIAL CHARTER (signed 1961; entered into force 1965): Regional document concerned with
developing and protecting social and economic rights; intended to be complementary to the EUROPEAN
CONVENTION ON HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS, but having less force.

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 EUROPEAN UNION: A regional INTERGOVERNMENTAL ORGANIZATION that has as its goals the elimination
of internal frontiers and the establishment of an economic and monetary union.
 EXHAUSTION REQUIREMENT: Requirement that a person, group or state bringing a HUMAN RIGHTS claim
first try to bring the case at the domestic level.
 GENDER-BASED VIOLENCE: Violence committed against women as women; violence particular to women, such
as rape, sexual assault, female circumcision, or dowry burning; violence against women for failing to conform to
restrictive social norms; the VIENNA DECLARATION specifically recognized gender-based violence as a human
rights concern.
 GENDER DEVELOPMENT INDEX (GDI): Measures developments of States according to the same broad factors
as the HUMAN DEVELOPMENT INDEX, but highlights the inequality in these spheres between men and women.
 GENDER DISCRIMINATION: Discrimination based on socially constructed ideas and perceptions of men and
women.
 GENDER-NEUTRALITY: Treatment of a problem without recognition of gender; myth of gender neutrality in
human rights eliminates recognition that treating people identically despite unequal situations perpetuates rather
than eradicates injustices.
 GENOCIDE: Any of the following acts committed with the intent to destroy, in whole or in part, a national, ethnic,
racial or religious group, as such: (a) killing members of the group; (b) causing serious bodily or mental harm to
members of the group; ( c) deliberately inflicting the conditions of life calculated to bring about the physical
destruction of the group; (d) imposing measures intended to prevent births within the group; (e) forcibly
transferring children of the group to another group. See CONVENTION ON THE PREVENTION AND
PUNISHMENT OF THE CRIME OF GENOCIDE.
 HIGH COMMISSIONER FOR HUMAN RIGHTS: United Nations office charged with the promotion and protection
of HUMAN RIGHTS worldwide.
 HOSTILE WORK ENVIRONMENT SEXUAL HARASSMENT: Unwelcome conduct that is so severe or pervasive
as to change the conditions of the claimant's employment and create an intimidating, hostile, or offensive work
environment. Hostile work environment harassment does not require an impact on an economic benefit. It may
involve coworkers or third parties, not just supervisors. This type of SEXUAL HARASSMENT is not limited to
sexual advances; it can include hostile or offensive behavior based on the person's sex.
 HUMAN DEVELOPMENT INDEX (HDI): Measures development of States according to a variety of factors
including health, literacy and standard of living indicators.
 HUMAN RIGHTS: The rights people are entitled to simply for being human, irrespective of their citizenship,
nationalist, race, ethnicity, language, sex, sexuality or abilities; human rights become enforceable as they become
CODIFIED as CONVENTIONS, COVENANTS or TREATIES, or as they become recognized as CUSTOMARY
INTERNATIONAL LAW.
 HUMAN RIGHTS COMMITTEE : The TREATY MONITORING BODY created by the INTERNATIONAL
COVENANT ON CIVIL AND POLITICAL RIGHTS to investigate and hear claims pertaining to civil and political
rights under that Covenant; one of six bodies charges with monitoring compliance of member states with UN
human rights conventions.
 HUMAN RIGHTS OF WOMEN: See WOMEN'S HUMAN RIGHTS.
 HUMAN RIGHTS PRINCIPLES: HUMAN RIGHTS are related to one’s human dignity; they are UNIVERSAL,
INALIENABLE, INDIVISIBLE, INTERCONNECTED AND INTER-INDEPENDENT; governments are obligated to
enforce such rights in a manner that promotes EQUALITY and NON-DISCRIMINATION.
 HUMAN RIGHTS SYSTEMS: Refers to the various groupings of human rights laws, courts, investigatory bodies
and other organizations at the national, regional and international levels, which may provide appropriate
ENFORCEMENT MECHANISMS, such as court-like COMPLAINT procedures and audit-like MONITORING AND
REPORTING PROCEDURES.
 HUMANITARIAN LAW: The international rules that establish the rights of combatants and noncombatants in war.
See GENEVA CONVENTIONS.

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 INDIVIDUAL COMPLAINTS: COMPLAINTS of individuals or NONGOVERNMENTAL ORGANIZATIONS; the

OPTION PROTOCOL TO THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS permits the
HUMAN RIGHTS COMMITTEE to hear individual complaints.
 INDIVISIBILITY: Notion that there is no hierarchy of rights; civil and political rights are equally as important as
social, economic and cultural rights; principle reaffirmed by the VIENNA DECLARATION.
 INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (ICCPR)(adopted 1966; entered into force
1976): CONVENTION that declares that all people have a broad range of civil and political rights; one of three
components of the INTERNATIONAL BILL OF RIGHTS. The body charged with enforcing this covenant is the
COMMITTEE ON HUMAN RIGHTS.
 INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS (ICESCR)(adopted 1966;
entered into force 1976): CONVENTION that declares that all people have a broad range of economic, social and
cultural rights; one of three components of the INTERNATIONAL BILL OF RIGHTS.
 INTERNATIONAL MONETARY FUND (IMF): Established in 1944; facilitates world commerce by overseeing the
currency exchange rates and by reducing foreign exchange restrictions of countries that have become members;
the IMF has also created a reserve of funds to enable countries experiencing temporary balance of payments
problems to continue trading without interruption. Since 1982 the IMF has issued loans requiring specific
conditions, known as STRUCTURAL ADJUSTMENT PROGRAMS.
 JURISDICTION: The authority of courts or court-like bodies to hear and decide CLAIMS; can refer to the courts
ability to hear particular subjects and/or to review cases brought by certain types of CLAIMANTS; jurisdiction can
also refer to a geographic area of authority.
 MALTREATMENT OF CHILDREN: Emotional abuse, neglect, physical abuse and sexual abuse. Emotional abuse
includes acts or failures to act by parents or caretakers that have caused or could cause, serious behavioral,
cognitive, emotional, or mental disorders. Neglect is the failure to provide for the child’s basic needs; it may be
physical, educational, or emotional. Physical abuse is the inflicting of physical injury upon a child. Sexual abuse is
inappropriate sexual behavior with a child.
 MIGRANTS: People who leave their place of origin for economic reasons or other reasons not covered under the
limited definition of REFUGEE under the CONVENTION RELATING TO THE STATUS OF REFUGEES.
 MINORITY: Refers to groups with (1) fewer members, i.e. not the majority of a population, or (2) less power in
society.
 MONITORING AND REPORTING PROCEDURE: Procedures not generally resulting in legally-enforceable
remedies; monitoring and reporting procedures resemble "audits" of government behavior which results in NON-
BINDING recommendations. In some cases, the reporting resembles a self-inspection; governments report on
their own compliance with human rights obligations or a monitoring body initiates the report on government
behavior.
 NON-BINDING: A document that carries no formal legal obligations, but which may still carry moral obligations.
 NON-DISCRIMINATION: Principle that people may not be treated differently based on arbitrary and impermissible
criteria; discrimination based on grounds of race, sex, disability, sexual orientation, geographic location or any
other status violates human rights. CEDAW defines DISCRIMINATION AGAINST WOMEN.
 NONGOVERNMENTAL ORGANIZATIONS (NGOs): Organization formed by and of people outside of
government; nonprofit, human rights, humanitarian aid and grassroots organizations can all be NGOs.
 PEOPLES' RIGHTS: Used synonymously with SOLIDARITY RIGHTS and COLLECTIVE RIGHTS; refers to the
rights of groups, not just individuals, such as the s to development, peace and a healthy environment.
 PROTOCOL: Supplemental addition to TREATY; when STATES PARTIES can still agree to the main treaty
without signing on to the protocol, this is known as an OPTIONAL PROTOCOL.
 PROTOCOL II ADDITIONAL TO THE GENEVA CONVENTIONS OF AUGUST 12, 1949 (opened for signature
1977, entered into force 1978): Sets forth requirements for humane treatment of victims on non-international
armed conflicts; major source of HUMANITARIAN LAW.
 RECOMMENDATION: Documents explaining how a particular treaty should be interpreted and applied. The

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COMMITTEE ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN has issued
several influential recommendations. See GENERAL RECOMMENDATION 19, VIOLENCE AGAINST WOMEN.
 REFUGEE: A person who has fled from the country of origin to escape persecution or fear of persecution based
on race, religion, nationality, membership of a particular social group or political opinion. People who leave their
homes but who do not cross country boundaries are called DISPLACED PEOPLE. People who meet the
requirements for refugee status under the CONVENTION RELATING TO THE STATUS OF REFUGEES are
called "Convention Refugees."
 REFUGEE CONVENTION: See CONVENTION RELATING TO THE STATUS OF REFUGEES.
 SEXUAL ASSAULT: Includes rape and other forms of physical attack of a sexual nature. See VIOLENCE
AGAINST WOMEN and MALTREATMENT OF CHILDREN.
 SEXUAL HARASSMENT: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical
conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct
explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work
performance or creates an intimidating, hostile or offensive work environment; two types of sexual harassment
recognized under some countries laws are QUID PRO QUO SEXUAL HARASSMENT and HOSTILE
ENVIRONMENT SEXUAL HARASSMENT.
 SIGNATORY STATES: States that have signed a particular TREATY, CONVENTION or COVENANT.
 SOLIDARITY RIGHTS: See PEOPLES' RIGHTS.
 SOURCES OF INTERNATIONAL LAW: Primary sources listed in Article 38 of the Statue of the International
Court of Justice are (1) TREATY; (2) CUSTOMARY INTERNATIONAL LAW; (3) GENERAL PRINCIPLES OF
LAW; (4) Judicial decisions.
 SPECIAL RAPPORTEUR: Official appointed to compile information on a subject, usually for a temporary period.
 SPECIAL RAPPORTEUR ON VIOLENCE AGAINST WOMEN: Official appointed by the GENERAL ASSEMBLY
in 1994 to investigate and make reports on cases of violence against women worldwide.
 SPECIALIZED AGENCIES OF THE UNITED NATIONS: Institutions created by international agreement to carry
out the mandate of the United Nations in particular fields, such as UNHCR and WHO.
 TREATY: Formal agreement between states that defines and modifies their mutual duties and obligations; used
synonymously with CONVENTION. When national governments RATIFY treaties, they become part of their
domestic legal obligations.
 TREATY-MONITORING BODY: Body (usually called a Committee or Commission) set up by a treaty to monitor
how well STATES PARTIES follow their obligations under that treaty.
 UNITED NATIONS CHARTER: Primary document of the United Nations setting forth its goals, functions and
responsibilities; adopted in San Francisco in 1945.
 UNITED NATIONS CONFERENCE ON ENVIRONMENT AND DEVELOPMENT (Earth Summit): 1992 United
Nations World Conference at Rio de Janerio; put issues of environmental degradation into the world’s public
policy arena; resulted in the RIO DECLARATION, which paid particular attention to women’s role in environmental
management and sustainable development.
 UNITED NATIONS CONFERENCE ON HUMAN RIGHTS: World Conference on HUMAN RIGHTS at Vienna in
1993; produced the VIENNA DECLARATION AND PLATFORM FOR ACTION. Women’s human rights advocates
used the conference to push for recognition of WOMEN’S HUMAN RIGHTS.
 UNIVERSAL DECLARATION OF HUMAN RIGHTS (UDHR)(1948): Primary United Nations document
establishing human rights standards and norms; although intended to be NON-BINDING, through time its various
provisions have become so respected by states that it can be said to be CUSTOMARY INTERNATIONAL LAW;
one of three components of the INTERNATIONAL BILL OF RIGHTS.
 UNITED NATIONS DIVISION ON THE ADVANCEMENT OF WOMEN (DAW): UN body responsible for servicing
the COMMISSION ON THE STATUS OF WOMEN, the main policy-making body for women, and the
COMMITTEE ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN.
 UNITED NATIONS HIGH COMMISSIONER ON REFUGEES (UNHCR): The SPECIALIZED AGENCY of the

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United Nations that deals with refugee issues and related humanitarian concerns.
 UNIVERSAL LAW: Law so fundamental or basic that it is binding upon all states whether they have individually
consented to it or not.
 WORLD BANK (International Bank for Reconstruction and Development): INTERNATIONAL FINANCIAL
INSTITUTION (IFI) established originally to finance the reconstruction of Europe after World War II; since the
1950s has funded development projects in developing countries; encourages foreign investment through loan
guarantees or direct investment of its own funds.
 WORLD HEALTH ORGANIZATION (WHO): INTERGOVERNMENTAL ORGANIZATION under the auspices of
the UNITED NATIONS that works to promote health worldwide.
 WORLD SUMMIT ON SOCIAL DEVELOPMENT: 1995 meeting in Copenhagen committed to eradication of
poverty, marginalization and economic insecurity; paid particular attention to the needs of women.
 WORLD TRADE ORGANIZATION (WTO): Established in 1995 as the permanent successor to the GENERAL
AGREEMENT ON TARIFFS AND TRADE; provides MEMBER STATES with a forum on macroeconomic policy,
trade-related negotiations and dispute resolution.

Module 3
Lesson 3: CLAWJ 3
(Criminal Law 1)

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

Characteristics of Criminal Law

1. General 2. Territorial 3. Prospective

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

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

   Note: Consuls, Vice Consuls, and other foreign commercial representatives cannot claim the privileges and
immunities accorded to ambassadors and ministers.

Territorial - Penal laws of the Philippines are enforceable only within its territory.
            Exception: Art. 2 of the RPC - binding even on crimes committed outside the Philippines.
                        1. Offenses committed while on a Philippine ship or airship.
                        2. Forging or counterfeiting any coin or currency note of the Philippines or obligations and securities

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issued by the government.

                       3. Introduction into the country of the above-mentioned obligations and securities.
                       4. While being public officers and employees, an offense is committed in the exercise of their
                            functions.
                       5. Crimes against the National Security and the Law of the Nations.

Prospective - The law does not have any retroactive effect.

                 Exception: When the law is favorable to the accused.
Exception to the Exception:
                     1. The New Law is expressly made inapplicable to pending actions or existing causes of action.
                      2. Offender is a habitual criminal.

Theories of Criminal Law

1. Classical Theory - basis is man's free will to choose between good and evil, that is why more stress is placed upon
the result of the felonious act than upon the criminal himself. The purpose of penalty is retribution. The RPC is
generally governed by this theory.
2. Positivist Theory - basis is the sum of social and economic phenomena which conditions man to do wrong in spite
of or contrary to his volition. This is exemplified in the provisions on impossible crimes and habitual delinquency.
3. Mixed Theory - combination of the classical and positivist theories wherein crimes that are economic and social in
    nature should be dealt in a positive manner. The law is thus more compassionate.

Construction of Penal Laws

1. Liberally construed in favor of offender.
    Example: a. The offender must clearly fall within the terms of the law.
                    b. An act is criminal only when made so by the statute.
2. In cases of conflict with official translation, original Spanish text is controlling.
3. No interpretation by analogy.

Limitations on Power of Congress to Enact Penal Laws

1. Ex Post Facto Law
2. Bill of Attainder
3. Law that violates the equal protection clause of the constitution.
4. Law which imposes cruel and unusual punishments nor excessive fines.

Module 3
Lesson 4: CLAWJ 4
(Criminal Law 2)

Heinous Crimes Act Of 1993 (R.A. No 7659)

The Crimes Punishable by death are:

1. Treason

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2. Qualified Piracy
3. Qualified Bribery
4. Parricide
5. Murder
6. Infanticide - however,if any crime penalized in this article be committed by the mother of
the child for the purpose of
concealing her dishonor, she shall suffer the penalty of prision mayor in its medium and
maximum periods, and if said crime be committed for the same purpose by the maternal
grandparents or either of them, the penalty shall be reclusion temporal.
7. Kidnapping and Serious Illegal Detention
8. Robbery - when by reason or on occasion of the robbery, the crime of homicide shall
have been committed, or when the robbery shall have been accompanied by rape or
intentional mutilation or arson.
9. Destructive Arson
10.Rape - a. committed with the use of deadly weapon or by two or more persons.
                 b. when by reason or on the occasion of the rape, the victim has become
insane.
                 c. when the rape is attempted or frustrated and a homicide is committed by
reason or
on the occasion thereof.                 
11.Plunder
12.Violations of Dangerous Act
13.Carnapping

General rule: the death penalty shall be imposed in all cases upon which it must be
imposed under existing laws.
Exceptions: in which cases the penalty shall be reduced to reclusion perpetua.
1. When the guilty person is below 18 years of age at the time of the commission of the
crime.
2. When the guilty person is over 70 years

            Law Penalizing Illegal Possession of Firearms (Republic Act No. 8294)
Persons Liable:
1. Any person who shall unlawfully manufacture, deal in, acquire, dispose, or possess any low-powered firearm,
part of firearm, ammunition, or machinery, tool or instrument used or intended to be used in the manufacture of
any firearm or ammunition; The owner, president, manager, director or other responsible officer of any public or
private firm, company, corporation or entity, who shall willfully or  knowingly allow any of the firearms owned by
such firm, company, corporation, or entity to be used by any person or persons found guilty of violating the
provisions of the preceding paragraphs or willfully or knowingly allow any of them to use unlicensed firearms or
firearms without any legal authority to be carried outside of their residence in the course of their employment; 
2. Any person who shall carry any licensed firearm outside his residence without legal authority therefor;
3. Any person who shall unlawfully manufacture, assemble, deal in, acquire, dispose or possess hand grenades,
rifle grenades, and other explosives or other incendiary devices capable of producing destructive effect on
contiguous objects or causing injury or death to any person; Any person who shall unlawfully tamper, change,
deface or erase the serial number of any firearm and     
4. Any person who shall unlawfully repack, alter or modify the composition of any lawfully manufactured
explosives.

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ACT WHAT IS THE CRIME

No other crime: Illegal possession only Illegal possession

Other Crime except homicide or Murder Crime Committed: Illegal possession is not a separate
offense nor is it aggravating. Offender is exonerated of Illegal
possession

Murder or Homicide Murder or Homicide with special aggravating

circumstance of illegal possession

Rebellion or Insurrection, Sedition, or Rebellion or Insurrection, Sedition, or Attempted

Attempted Coup d' etat, Illegal possession is absorbed as an
Coup d' etat element thereof

Unlicensed Firearms May Include

1. Firearms with expired license
2. Unauthorized used of licensed firearm in the commission of the crime

People vs. Ladjaalam - (2000) The language of RA 8294 effectively exonerates the accused of illegal
possession, an offense which may carry a heavier penalty than the other crime committed.Indeed, the
accused may evade conviction for illegal possession by committing a lighter offense like alarm and
scandal.However, the wisdom of RA 8294 is not subject to the court's review.

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1. Covered Institution
2. Regardless of amount and
3. Any of the following circumstances:
    a. no economic justification
    b. client not properly identified
    c. amount not commensurate with financial capacity
    d. structured to avoid reporting
    e. deviation from client's profile or past transactions
    f. unlawful activity under this act
    g. similar or analogous

Unlawful Activity
1. Kidnapping for ransom
2. Comprehensive Dangerous Drugs Act of 2002 (Sec. 4,5,6,8,9,10,12,14,15,16)
3. Anti-Graft and Corrupt Practices Act (Sec.3, par. B, C, E, G, H, I)
4. Plunder
5. Robbery and Extortion
6. Jueteng and Masiao punished as illegal gambling
7. Piracy on the High Seas
8. Qualified Theft
9. Swindling
10.Smuggling
11.Electronic Commerce Act of 2000
12.Hijacking and Other Violation  Of RA 6235,Destructive and Murder, including those perpetrated by terrorists
against non-combatants
13.Securities Regulation Code of 2000
14.Offenses of similar nature punishable by foreign penal laws.
What is required to be reported?
Covered Institutions shall report to the Anti-Money Laundering Council
all covered transactions and suspicious transactions within 5 working days from the occurrence.

Authority to inquire into bank deposits

1. Court order upon showing of probable cause that the deposit is related to an unlawful activity or a money
laundering offense.
2. No court order required for the ff: unlawful activities:
    a. Kidnapping for ransom
    b. Comprehensive Dangerous Drugs Act of 2002, Hijacking and other violations of RA 6235, Destructive and
Murder, including those perpetrated by terrorists against non-combatants.
      
Prosecution of Money Laundering
1. Offender may be charged with and convicted of both money laundering and the unlawful activity
2. Proceeding of unlawful activity shall be given precedence over the prosecution for money laundering, without
prejudice to freezing and other remedies of this act.

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Module 3
Lesson 5: CLAWJ 5
(Evidence)

 PRELIMINARY CONSIDERATION:

A. Importance of the study of Evidence in Law Enforcement:

As an element of our Criminal Justice System, it is the duty of every law enforcement agencies to provide
the prosecution with the materials and information (Evidence) necessary in order to support conviction.
Every person is entitled to be presumed innocent of a crime or wrong, unless proven otherwise. This is a
prima facie presumption which must be overcome by proof beyond reasonable doubt.

B. Connecting the chain of events through Evidence during Trial:

Trial refers to “the examination before a competent tribunal, according to the laws of the land, of the facts in
issue in a cause, for the purposes of determining such issue” (U.S. v. Raymundo, 14 Phil 416).
Evidence helps in the determination of Questions of Facts by helping the judge reconstruct the chain of
events from the conception up to the consummation of a criminal design.

C. Factum Probandum and Factum Probans

Factum Probandum – The ultimate facts to be proven. These are the propositions of law.
Examples:
•    murder was committed thru treachery
•    robbery was made through force upon things

Factum Probans – The evidentiary Facts. These addresses questions of fact.

Examples:
•    exit wounds were in front indicating that victim was shot at the back
•    destroyed locks indicative of force upon things

Thus, the outcome of every trial is determined by:

•    Propositions of law

•    Questions of fact.

D. Proof and Evidence

Evidence – the means to arrive at a conclusion. Under the Revised Rules of Court, evidence is defined as “the
means, sanctioned by the rules, for ascertainment in a judicial proceeding, the truth, respecting a matter of fact”.
Proof – the result of introducing evidence. The establishment of a requisite degree of belief in the mind of the judge
as to the facts in issue. It refers to the accumulation of evidence sufficient to persuade the trial court.
Quantum of evidence – the totality of evidence presented for consideration

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Quantum of proof – refers to the degree of proof required in order to arrive at a conclusion.
Burden of evidence – the duty of a party of going forward with evidence.
Burden of proof – the duty of the affirmative to prove that which it alleges.

Variations on degrees of proof based on type of action:

1.    Criminal Action – proof beyond reasonable doubt [that degree of proof which produces conviction in an
unprejudiced mind]
2.    Civil Action – preponderance of evidence [evidence of greater weight or more convincing than that which is
offered to refute it]
3.    Administrative Action – sufficiency of evidence [that amount of relevant evidence which a reasonable mind might
accept as adequate to justify a conclusion]

E. Exclusionary Rule. (Fruit of the poisonous tree doctrine)

Evidence ILLEGALLY OBTAINED are inadmissible for reasons of public policy. This is so because of the
constitutional requirement of due process. Due process has been defined as “the law that hears before it condemns,
which proceeds upon inquiry, and renders judgment only after fair trial”.
As a result, jurisprudence has evolved a rule that renders inadmissible any evidence obtained in an illegal
search from being introduced in trial.

F. Principle of Chain of Custody of Evidence

If the evidence is of a type which cannot be easily recognized or can readily be confused or tampered with,
the proponent of the object must present evidence of its chain of custody. The proponent need not negate all
possibilities of substitution or tampering in the chain of custody, but must show that:
The evidence is identified as the same object which was taken from the scene;
It was not tampered with, or that any alteration can be sufficiently explained (i.e. discoloration due to the application
of ninhydrine solution, etc.); and
The persons who have handled the evidence are known and may be examined in court with regard to the
object.

II. GENERAL PROVISIONS:

A. Concepts of evidence:
1.    It is a means of ascertainment – used to arrive at a legal conclusion
2.    It is sanctioned by the rules of court – meaning, not excluded by the rules on relevancy and admissibility
3.    It is used in a judicial proceeding – there is a jural conflict involving different rights asserted by different parties
4.    It pertains to the truth respecting a matter of fact – evidence represents a “claim” either for the prosecution or for
the defense where issues (clashes of view) are present.

a. Admissibility of Evidence:

For evidence to be admissible, it must be:   

1) relevant to the issue [relevancy test],
2) not excluded by the law or rules of court [competency test].

Note:  To determine the relevancy of any item of proof, the purpose for which it is sought to be introduced must first
be known (There must be a formal offer).

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b. Test of relevancy of evidence:

Whether or not the factual information tendered for evaluation of the trial court would be helpful in the determination
of the factual issue that is disputed.

Evidence is relevant when it has a relation to the fact in issue as to induce belief in it’s:   
1) existence, or
2) non-existence

In other words, evidence is relevant when it is:

1) material
2) has probative value

Probative Value - It is the tendency of the evidence to establish the proposition that it is offered to prove.

Collateral Matters - not admissible except when it tend in any reasonable degree to establish probability or
improbability of the fact in issue.

Collateral matters – matters other than the fact in issue and which are offered as a basis for inference as to the
existence or non-existence of the facts in issue.

Collateral matters are classified into:

1.    Antecedent circumstances – facts existing before the commission of the crime [i.e. hatred, bad moral character
of the offender, previous plan, conspiracy, etc.]
2.    Concomitant circumstances – facts existing during the commission of the crime [i.e. opportunity, presence of the
accused at the scene of the crime, etc.]
3.    Subsequent circumstances – facts existing after the commission of the crime [i.e. flight, extrajudicial admission to
third party, attempt to conceal effects of the crime, possession of stolen property, etc.]

B. Judicial Notice, basis of:

Judicial notice is based on necessity and expediency. This is so because what is known need not be proved.

Different kinds of judicial notices:

1.    mandatory
2.    discretionary
3.    hearing required

C. Confession and Admission, distinguished:

Confession – an acknowledgement of guilt.
Admission – an acknowledgment of facts.

Different kinds of confession/admission:

1.    Judicial
2.    Extrajudicial
3.    Oral
4.    Written

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5.    Voluntary
6.    Forced

Different kinds of evidence:

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

Best Evidence Rule:

When the subject of the inquiry is the contents of a document, no evidence shall be admissible other than the original
of the document.

For exceptions, see Sec. 3, Rule 130, Revised Rules of Court.

A document is legally considered “Original” when:

1.    It is the subject of an inquiry
2.    When in two or more copies executed at or about the same time, with identical contents.
3.    When an entry is repeated in ordinary course of business, one being copied from another at or near the time of
the transaction.

Question: May a “fake” document be considered as “original” or “authentic”?

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Yes. A forged or spurious document when presented in court for examination is considered as the original
fake/forged document. Thus, a mere photocopy of the allegedly forged or spurious document is only secondary to the
original questioned document.

Secondary Evidence
When the original document has been:
1.    lost,
2.    destroyed,
3.    cannot be produced in court.

The offeror without bad faith must:

1.    prove its execution or existence, and
2.    prove the cause of its unavailability.

Secondary evidence may consist of:

1.    a copy,
2.    recital of its contents in some authentic document, or
3.    by testimony of witnesses.

When original document is in the custody of:

1.    adverse party – adverse party must have reasonable notice to produce it. After such notice and satisfactory proof
of its existence, he fails to produce it, secondary evidence may be presented.
2.    public officer – contents may be proved by certified copy issued by the public officer in custody thereof.

III. TESTIMONIAL EVIDENCE:

Qualifications of witnesses:
1.    can perceive
2.    can make known their perception to others
3.    not disqualified by reason of mental incapacity, immaturity, marriage, privileged communications, or “dead man’s
statute”.

“Res Inter Alios Acta” Rule

General Rule: The rights of a party cannot be prejudiced by an act, declaration, or omission of another.

Exception:
1.    admission by a co-partner or agent
2.    admission by a conspirator
3.    admission by privies
4.    admission by silence

In the above cases, the admission of one person is admissible as evidence against another.

Testimonial Knowledge:
General Rule: A witness can testify only to those facts which he knows of his personal knowledge; that is, which are
derived from his own perception. Any statement which derives its strength from another’s personal knowledge is

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hearsay, and is therefore inadmissible.

Exceptions:
1.    Dying declarations (ante-mortem statements)
2.    Declaration against interest
3.    Act or declaration about pedigree
4.    Family reputation or tradition regarding pedigree
5.    Common reputation
6.    Part of the res gestae
7.    Entries in the course of business
8.    Entries in official records
9.    Commercial lists and the like
10.    Learned treatises
11.    Testimony or deposition at a former proceeding
12.      Examination of child victim/witness in cases of child abuse

IV. BURDEN OF PROOF AND PRESUMPTIONS:

Burden of proof – the duty of a party to present evidence on the facts in issue necessary to establish his claim or
defense by the amount of evidence required by law.
Presumption – an inference as to the existence of a fact not actually known, arising from its usual connection with
another which is known or a conjecture based on past experience as to what course human affairs ordinarily take.

2 kinds of presumptions:
1.    Conclusive presumptions [jure et de jure] – based on rules of substantive law which cannot be overcome by
evidence to the contrary.
2.    Disputable presumptions [prima facie presumptions, rebuttable presumptions] – based on procedural rules and
may be overcome by evidence to the contrary.

Kinds of Conclusive Presumptions:

1.    Estoppel by record or judgment – the preclusion to deny the truth of matters set forth in a record, whether judicial
or legislative, and also deny the facts adjudicated by a court of competent jurisdiction (Salud v. CA, 233 SCRA 387).
2.    Estoppel by deed – a bar which precludes a party to a deed and his privies from asserting as against the other
and his privies any right or title in derogation of the deed or denying the truth of any material fact asserted in it (Iriola
v. Felices, 30 SCRA 202).
3.    Estoppel in pais – based upon express representation or statements or upon positive acts or conduct. A party
cannot, in the course of litigation or in dealings in pais, be permitted to repudiate his representation or occupy
inconsistent positions.
4.    Estoppel against Tenant – the tenant is not permitted to deny the title of his landlord at the time of the
commencement of the relation of landlord and tenant between them.

Note: For Kinds of disputable presumptions, see Sec. 3, Rule 131 of the Revised Rules of Court.

Presentation of Evidence:
The examination of witnesses presented in a trial or hearing shall be done is open court, and under oath or
affirmation. Unless the witness is incapacitated to speak, or the question calls for a different mode of answer, the
answer of the witness shall be given orally.

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Rights and Obligations of witnesses:

1. To be protected from irrelevant, improper, or insulting questions, and from harsh or insulting demeanor.
2. Not to be detained longer than the interest of justice requires.
3. Not to be examined except only as to matters pertinent to the issue.
4. Not to give an answer which will tend to subject him to a penalty for an offense unless otherwise provided by law.
5. Not to give an answer which will tend to degrade his reputation, unless it be to the very fact at issue or to the fact
from which the     fact in issue would be presumed, but a witness must answer to the facts of his previous final
conviction for an offense.

Order of Examination of individual witnesses:

Direct examination by the proponent
Cross examination by the opponent
Re-direct examination by the proponent
Re-cross examination by the opponent

Direct examination – the examination in chief of a witness by the party presenting him on the facts relevant to the
issue.
Cross examination – the examination by the adverse party of the witness as to any matter stated in the direct
examination, or connected therewith, with sufficient fullness and freedom from interest or bias, or the reverse, and to
elicit all important facts bearing upon the issue.
Re-direct examination – second questioning by the proponent to explain or supplement answers given in the cross
examination.
Re-cross examination – second questioning by the adverse party on matters stated on the re-direct and also on such
matters as may be allowed by court.

Different Types of Questions:

Leading questions –It is one where the answer is already supplied by the examiner into the mouth of the witness.
Misleading question – a question which cannot be answered without making an unintended admission.
Compound question – a question which calls for a single answer to more than one question.
Argumentative question – a type of leading question which reflects the examiners interpretation of the facts.
Speculative question – a question which assumes a disputed fact not stated by the witness as true.
Conclusionary question – a question which asks for an opinion which the witness is not qualified or permitted to
answer.
Cumulative question – a question which has already been asked and answered.
Harassing/Embarrassing question – a question that is embarrassing makes you feel shy or ashamed.

Classes of Documents:
Documents are either public or private.

Public documents are:

    1. The written official acts, or records of the official acts of sovereign authority, official bodies and tribunals, and
public officers, whether of the Philippines, or a foreign country.
    2. Documents acknowledged before a notary public except last wills and testaments.
    3. Public records (1) kept in the Philippines, or private documents (2) required by law to be entered therein.

All other writings are private.

CRIMC 9 – Criminology Review University of Antique

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SOME USEFUL LATIN TERMS AND LEGAL MAXIMS:

Verba legis non est decendendum – from the words of the law there can be no departure.
Dura lex sed lex – the law may be harsh but it is the law.
Ignorantia legis neminem excusat – ignorance of the law excuses no one.
Ignorantia facti excusat – mistake of fact excuses.
Praeter intentionem – different from that which was intended.
Error in personae – mistake in identity.
Abberatio Ictus – mistake in the blow
Nulum crimen, nulla poena sine lege – there is no crime when there is no law punishing the same.
Actus non facit reum, nisi mens sit rea – the act cannot be criminal where the mind is not criminal.
Actus mi invictu reus, nisi mens facit reum – an act done by me against my will is not my act.
Mens rea – guilty mind.
Actus reus – guilty act.
Res ipsa loquitor – the thing speaks for itself.
Causa Proxima – proximate cause which produced the immediate effect.
Prima facie – at first glance.
Locus Criminis – scene of the crime or crime scene.
Pro Reo – principle in Criminal Law which states that where the statute admits of several interpretations, the one
most favorable to the accused shall be adopted.
Res Gestae – the thing itself. It literally means “Things done”.
                          1) Statements made by a person while a starting
                              occurrence is taking place or immediately prior
                              or subsequent thereto, with respect to the
                              circumstances thereof.
                          2) Statements accompanying an equivocal act
                              material to the issue, and giving it a legal
                              significance.
Falsus in unum, falsus in omnibus – false in one part of the statement would render the entire statement false (note:
this maxim is not recognized in our jurisdiction).

CRIMC 9 – Criminology Review University of Antique