CRIMINAL LAW AND JURISPRUDENCE

CGD LAST MINUTE TIPS

II. CRIMINAL PROCEDURE and CJS
1. Substantive VS Remedial
- Substantive law – Creates, defines, and regulates rights and duties concerning life, liberty,
or property the violation of which gives rise to a cause of action. [Bustos v. Lucero, G.R.
No. L-2068 (1948)]
- Remedial law – Lays down methods by which the rights and obligations arising from
substantive law are protected, enforced, and given effect. [Bustos v. Lucero, G.R. No. L-
2068 (1948)]
2. Criminal Procedure
- It is the method prescribed by law for the apprehension and prosecution of persons
accused of any criminal offense and for their punishment, in case of conviction (Remedial
Law IV, Herrera
- It is concerned with the procedural steps through which a criminal case passes,
commencing with the initial investigation of a crime and concluding with the release of
offender.
3. System of Criminal Procedure
- Inquisitorial System - is a legal system in which the court, or a part of the court, is actively
involved in investigating the facts of the case.
- Accusatorial/Adversarial System – it is where the role of the court is primarily that of an
impartial referee between the prosecution and the defense.
- Mixed System – combination of inquisitorial and accusatorial system. (used in the
Philippines)
4. Court - A court is an organ of government belonging to the judicial department, the
function of which is the application of the laws to controversies brought before it as well as
the public administration of justice. It is also the place where justice is administered [1
Riano 65, 2014 Bantam Ed., citing Black’s Law Dictionary, Am. Jur. and C.J.S.]
5. GENERAL JURISDICTION - The power to adjudicate all controversies, except those
expressly withheld from the plenary powers of the court.
6. SPECIAL JURISDICTION - Which restricts the court’s jurisdiction only to particular cases
and subject to such limitations as may be provided by the governing law.
7. ORIGINAL JURISDICTION - The power of the court to take judicial cognizance of a case
instituted for judicial action for the first time under conditions provided by law.
8. APPELLATE JURISDICTION - The authority of the court higher in rank to re-examine the
final order, judgment or a lower court which tried the case now elevated for judicial review.
9. EXCLUSIVE JURISDICTION - Power to adjudicate a case or proceeding to the exclusion
of other courts.
10. CONCURRENT JURISDICTION - Sometimes referred to as the coordinate jurisdiction
which is the power conferred upon different courts whether of the same or different ranks,
to take cognizance at the state of the same case in the same or different judicial territories.
11. Requisites of Criminal Jurisdiction:
a. Jurisdiction Over The Subject Matter – provided by law, cannot be waived, cannot be a
subject of an agreement.
b. Jurisdiction over the territory where the offense was committed – in criminal case, it is
jurisdictional, cannot be waived nor subject of an agreement except for the interest of
justice.
c. Jurisdiction over the person of the accused – acquired through a compulsory process such
as arrest or voluntary surrender.
12. Principle of Adherence of Jurisdiction/Continuing Jurisdiction
- Once a court acquires jurisdiction over a controversy, it shall continue to exercise it until
final determination of the case [Mendoza v. Comelec, G.R. No. 188308(2009)].
13. How Criminal Action is Instituted?
- Requires Preliminary Investigation – filing a complaint with the Office of the Prosecutor
- Not require PI – filing with the MTC, MCTC, or MTCC
- Except: In Metro Manila or other Chartered Cities – filing with the Office of the Prosecutor.
- PI – 4 years 2 months 1 day and above
14. Requisites of a valid complaint or information:
a. The complaint or information shall be in writing,
b. in the name of the People of the Philippines and
c. against all persons who appear to be responsible for the offense involved.
15. Complaint VS Information
a. A 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.
b. An information is an accusation in writing charging a person with an offense, subscribed by
the prosecutor and filed with the court. (4a)
16. Who must Prosecute Criminal Action?
- All criminal actions - either commenced by complaint or by information shall be prosecuted
under the direction and control of a Public Prosecutor.
- Exceptions:
o In case of heavy work schedule of the public prosecutor or in the event of lack of public
prosecutors,
o When a private prosecutor is authorized in writing to prosecute the case and when
approved by the court,
- NOTE: Complaint or Information may only be filed or dismissed if there is prior written
authority or approval of the provincial or city prosecutor or chief state prosecutor or
the Ombudsman or his deputy.
17. Cases that cannot be prosecuted de Officio:
- Adultery and Concubinage – offended spouse against both guilty parties.
- Abduction, Seduction, and Acts of Lasciviousness – offended party if the latter is not
capable, parents, grandparents, or guardian may file.
- Defamation – offended party
18. What determines jurisdiction over the subject matter?
- The acts or omissions alleged in the complaint or information.
o In case of conflict, Allegations in the complaint or information will prevail over the
designation of the offense or over the section or sub-section of the statute punishing it.
19. What is the remedy for a defective complaint or information?
- For the complainant – Amendment of Complaint
- For the accused – Motion to quash
20. Formal Amendment - This merely states with additional precision something which is
already contained in the original information, and which, therefore adds nothing essential
for conviction for the crime charged [Gabionza v. CA, G.R. No. 140311 (2001)]
o Before plea – without leave of court
o After plea – requires leave of court
21. Substantial Amendment - This consists of the recital of facts constituting the offense
charged and determinative of the jurisdiction of the court [Teehankee v. Madayag, G.R.
No. 103102 (1992)]
o Before plea – without leave of court
▪ Except:
• Downgrades the nature of the offense.
• Excludes any accused.
o After Plea – not allowed
22. What is the remedy of the complainant when there is a mistake in charging the proper
offense?
- Substitution – which maybe filed at any stage of the proceedings.
23. Where shall the action be instituted?
- the criminal action shall be instituted and tried in the court of the municipality or
territory where the offense was committed or where any of its essential ingredients
occurred.
- Exception:
o Train, Aircraft, Motor Vehicle – place of arrival or departure, place where it passed by
during its trip.
o Vessel – first port of entry and the places where the vessel passed during its voyage
subject to the principle of international law.
▪ A crime committed in the foreign commercial vessel within the territorial sea of the
Philippines – Philippine law has no jurisdiction, except:
• When the foreign vessel asked the assistance of the local authorities.
• When the crime committed affects the peace and order of the country.
• When the vessel docked at any Philippine ports.
24. The civil action for the recovery of civil liability arising from the offense charged is deemed
instituted with the criminal action.
- Exceptions:
o Waives the civil action
o Reserves the right to institute it separately
▪ Not allowed in the following cases:
• BP 22
• Cases under Sandiganbayan
• Tax Cases
o Institutes the civil action prior to the criminal action; [Sec. 1, Rule 111]
25. What is Independent Civil Action?
- Independent civil actions those that are separate and distinct from and shall proceed
independently of the criminal action. Only a preponderance of evidence shall be required
in such cases, which involve the following:
o Violation of the fundamental rights
o In crime of fraud, defamation, physical injuries
o Failure of the police officer to render assistance in times of danger to life or property
o Quasi – offenses
26. Effect of Death to Criminal and Civil Liability:
- Before judgment or pending appeal – both civil and criminal is extinguished
- After Judgment – only criminal liability is extinguished
27. What is Prejudicial Question?
- It is a question based on a fact distinct and separate from the crime but so intimately
connected with it that it determines the guilt or innocence of the accused [Ras v. Rasul,
G.R. No. L-50411 (1980)]
- Effects: arraignment maybe suspended.
28. Preliminary Investigation - An inquiry or proceeding to determine whether there is sufficient
ground to engender a well-founded belief that a crime has been committed and the
respondent is probably guilty thereof, and should be held for trial [Sec. 1, Rule 112, as
amended by A.M. No. 05-8-26-SC].
29. Determination of Probable Cause:
- Executive/Administrative Determination – during PI for the purpose of filing of case before
the court.
- Judicial Determination – for the purpose of issuance of a warrant.
30. Who may conduct PI?
a. Provincial/city prosecutors and their assistants
b. National and regional state prosecutors
c. Other officers as may be authorized by law
i. Ombudsman – against public officers
ii. COMELEC – involving election cases
31. Total number of days for the conduct of PI is 60 days.
- Within 10 days from the filing of the complaint, either to dismiss or issue subpoena.
- Within 10 days from the issuance of subpoena to file a counter – affidavit.
- Within 10 days from the receipt of CA to conduct CLARIFICATORY HEARING.
o Clarificatory Hearing should not last for more than 5 days.
- Within 10 days from the termination of the Clarificatory Hearing, probable cause is
determined or whether the respondent shall be hold for trial.
- Within 5 days from the making of resolution, the case shall be forwarded to the
City/Provincial Prosecutor.
o No case shall be filed or dismissed without the prior written authority/approval of the
City/Provincial Prosecutor.
- Within 10 days, the City/Provincial Prosecutor or Ombudsman shall act on the resolution.
- Within 10 days, the case shall be filed in Court.
32. Arrest without a warrant is valid, when:
a. In flagrante delicto [Sec. 5(a), Rule 113]
o Citizen’s arrest maybe allowed.
b. Hot pursuit arrest [Sec. 5(b), Rule 113]
c. Arrest of escaped prisoner [Sec. 5(c), Rule 113]
33. Forms of Bail
a. Corporate surety
b. Property bond
c. Cash deposit
d. Recognizance
o Allowed only in cases under Summary Procedure with the penalty of below 6 months.
34. Bail as a matter of right:
a. Before or after conviction, but pending appeal, by the first-level courts;
b. Before conviction by RTC of an offense not punishable by death, reclusion perpetua, or
life imprisonment [Sec. 4, Rule 114]
35. Bail is a matter of discretion:
- Upon conviction by the RTC of an offense not punishable by death, reclusion perpetua, or
life imprisonment, admission to bail is discretionary [Sec. 5, Rule 114]
36. What are the bail – denying circumstances?
• If the penalty imposed by the trial court is imprisonment exceeding 6 years, the accused
shall be denied bail or his bail shall be cancelled upon showing by the prosecution, with
notice to the accused, of any of the following [Sec. 5, Rule 114]:
a. Recidivism, quasi-recidivism, or habitual delinquency or commission of a crime aggravated
by reiteration of the accused
b. The accused previously escaped from legal confinement, evaded sentence or violated bail
conditions without valid justification
c. Commission of offense while under probation, parole or conditional pardon
d. Probability of flight;
e. Undue risk of the commission of another crime during the pendency of the appeal [Sec. 5,
Rule 114]
37. Arraignment:
- It is the stage where issues are joined and without which the proceedings cannot advance
further or, if held, will otherwise be void [People v. Albert, G.R. No. 114001 (1995)].
- This is in compliance with the right to notice requirement of due process.
- The accused must be informed of:
o The reason for the indictment
o The specific charges the accused is bound to face
o The corresponding penalty for the charges
- The accused should be arraigned within 30 days from the date the court acquires
jurisdiction over his person or within 10 days when the accused is under preventive
detention.
38. Plea - Pertains to the matter which the accused, on his arraignment, alleges in answer to
the charge against him
39. What are the instances where arraignment maybe suspended?
a. Accused appears to be suffering from unsound mental condition which effectively renders
him unable to fully understand the charge against him and to plead intelligently.
b. Existence of a prejudicial question;
c. A petition for review of the resolution of the prosecutor is pending at either the DOJ
Secretary or the Office of the President for a period of suspension not exceeding 60 days
from filing of petition with the reviewing office. [Sec. 11, Rule 116]
40. Improvident Plea of Guilty to a Capital Offense
- An improvident plea is one without proper information as to all the circumstances affecting
it; based upon a mistaken assumption or misleading information/advice
41. Motion to Quash:
- In writing
- Signed by the accused or his counsel, and
- Distinctly specify the factual and legal grounds [Sec. 2, Rule 117]
42. When MTQ maybe filed?
- General rule: At any time before entering his plea, the accused may move to quash the
complaint or information [Sec. 1, Rule 117]
- Exception: When the grounds relied upon the motion are:
a. Failure to charge an offense
b. Lack of jurisdiction over the offense charged
c. Extinction of the offense or penalty
d. Accused has been previously convicted, or in jeopardy of being convicted, or acquitted of
the offense charged
43. MTQ Vs Demurrer to Evidence
- MTQ – based on the grounds provided under the rules and shall be filed before plea.
o Leave of court is not required
o If granted, the dismissal is without prejudice.
- Demurrer to Evidence – based on the ground of insufficiency of evidence and shall be filed
after the prosecution rested its case.
o Maybe filed either with leave or without leave of court
▪ If filed with leave of court – if denied, the defendant shall proceed with the presentation of
evidence.
▪ If filed without leave of court – if denied, the defendant’s right to present evidence shall be
forfeited.
o If granted, has the effect of acquittal.
44. Provisional Dismissal - Provisional dismissal is dismissal without prejudice to its being
refiled or revived [Los Baños v. Pedro, G.R. No. 173588 (2009)]
- Requisites”
o There must be express consent of the accused; and
o There must be notice to the offended party [Sec. 8, Rule 117]
45. Time bar rule for provisional dismissal:
- One year – in cases not exceeding six years
- Two years – exceeding 6 years.
46. Pre – Trial – within 30 days from the date the court acquires jurisdiction over the person of
the accused.
- Things Considered:
o Plea bargaining
o Stipulation of facts
o Marking for identification of evidence
o Waiver of objections to admissibility of evidence
o Modification of the order of trial if accused admits the charge but interposes a lawful
defense (reverse trial)
o Other matters that will promote a fair and expeditious trial of the civil and criminal aspects
of the case [Sec. 1, Rule 118]
- The Counsel of the Accused and the Prosecutor must be present.
47. Plea bargaining has been defined as "a process whereby the accused and the prosecution
work out a mutually satisfactory disposition of the case subject to court approval" [Estipona
Jr. v. Lobrigo, G.R. No. 226679 (2017)]
48. Trial - After a plea of not guilty is entered, the accused shall have at least fifteen (15) days
to prepare for trial. The trial shall commence within thirty (30) days from receipt of the pre-
trial order.
- It shall be held within 180 days.
o Prosecution – 90 days to present all the witnesses
o Defense – 90 days to present all witnesses
- 90 days – for the Court to renders judgment.
49. Instances where the accused is required to be present:
a. At Arraignment; [Sec. 1(b), Rule 116]
b. At the Promulgation of judgment, unless the conviction is for a light offense [Sec. 6, Rule
120]
50. Trial In Absentia, requisites:
a. Accused has been Arraigned
b. He was duly Notified of trial
c. His failure to appear is Unjustified [Bernardo v. People, G.R. No. 166980 (2007)]
51. Requisites of Judgment:
a. Written in the official language
Note: If given verbally, it is incomplete [People v. Catolico, G.R. No. L-31260 (1972)]
b. Personally, and directly prepared by the judge
c. Signed by the judge
d. Contains clearly and distinctly a statement of the facts and the law upon which judgment is
based
52. Promulgation of Judgment - It is an official proclamation or announcement of the decision
of the court
- Where there is no promulgation of judgment, no right to appeal accrues. Merely reading
the dispositive portion of the decision is not sufficient [Pascua v. CA, G.R. No. 140243
(2000)]
53. Grounds for New Trial
- Errors of law or irregularities prejudicial to the substantial rights of the accused have been
committed during the trial.
- New and material evidence has been discovered which the accused could not with
reasonable diligence have discovered and produced at the trial and which if introduced
and admitted would probably change the judgment.
54. Grounds for Reconsideration
- The court shall grant reconsideration on the ground of errors of law or fact in the judgment,
which requires no further proceedings.
55. Fresh Period Rule/Neypes Doctrine
- The Neypes doctrine allows a fresh period of 15 days within which to file the notice of
appeal in the RTC, counted from receipt of the order denying a MNT or MR. Neypes v. CA
[G.R. No. 141534 (2005)
56. Where to Appeal?
FOR CASES DECIDED BY: APPEAL TO:

MTC, MeTC, MCTC RTC

RTC CA or SUPREME
COURT
 MTC, MeTC, MCTC or RTC (for government related cases or SANDIGANBAYAN
those committed by Public Officers)

COURT OF APPEALS SUPREME COURT

57. How appeal is taken?

a. MTC, MeTC, MCTC to RTC – Notice of Appeal
b. RTC (original jurisdiction) to CA – Notice of Appea;
c. RTC (appellate jurisdiction) to CA – Petition for Review
d. RTC (in case of death penalty – Automatic Review by the CA
e. CA to SUPREME COURT – Petition for Review on Certiorari ( errors of facts and law)
f. CA to SUPREME COURT (in case of death penalty) – Notice of Appeal
58. Validity of Search Warrant
- Valid for 10 days from its date [Sec. 10, Rule 126]
- The lifetime of the search warrant also ends when a return has already been made
[Mustang Lumber v. CA, G.R. No. 104988 (1996)]
59. Where to file?
• General rule: It may be filed in any court within whose territorial jurisdiction the crime was
committed.
• Exception: For compelling reasons, which must be stated in the application, it may also
be filed:
a. If the place of the commission of the crime is known, any court within the judicial region
where the crime was committed
b. Any court within the judicial region where the warrant shall be enforced

60. A general warrant is defined as "a search or arrest warrant that is not particular as to the
person to be arrested or the property to be seized." It is one that allows the "seizure of one
thing under a warrant describing another" and gives the officer executing the warrant the
discretion over which items to take [Worldwide Web Corporation v. People, G.R. No.
161106 (2014)]
61. Requisites of a Plain View Search”
a. Police must have prior justification to a prior valid intrusion i.e., based on the valid
warrantless arrest in which the police are legally present in the pursuit of their official
duties
b. Evidence was inadvertently discovered by the police who have a right to be where they are
c. Evidence must be immediately and apparently illegal (i.e., drug paraphernalia)
d. Plain view justified mere seizure of evidence without further search [People v. Martinez,
G.R. No. 191366 (2010)]
 III. CRIMINAL EVIDENCE
1. What is the Original Document Rule and its exceptions?
- The Original document rule provides that when the subject of inquiry is
the contents of a document, writing, recording, photograph or other
record, no evidence is admissible other than the original document itself,
except in the following cases:
a. When the original is lost or destroyed, or cannot be produced in court,
without bad faith on the part of the offeror;
b. When the original is in the custody or under the control of the party against
whom the evidence is offered, and the latter fails to produce it after
reasonable notice, or the original cannot be obtained by local judicial
processes or procedures;
c. When the original consists of numerous accounts or other documents which
cannot be examined in court without great loss of time and the fact sought to
be established from them is only the general result of the whole;
d. When the original is a public record in the custody of a public officer or is
recorded in a public office; and 5. When the original is not closely-related to a
controlling issue. (Sec. 3, Rule 130, Revised Rules on Evidence) 70.

2. What is Secondary Evidence?

- Secondary evidence refers to evidence other than the original document
itself. It is admissible only when the best evidence is lost or inaccessible.
This pertains to:
a. a copy of the lost document,
b. by a recital of the contents of the lost document in some authentic document,
or
c. by a testimony of a witnesses, in the order stated. (Heirs of Cardenas v. The
Christian and Missionary Alliance Churches of the Philippines, Inc., G.R. No.
222614, March 20, 2019, J. Caguioa)
3. What is the Parol Evidence Rule?
- The parol evidence rule provides that when the terms of an agreement
have been reduced to writing, it is considered as containing all the terms
agreed upon and there can be, between the parties and their successors
in interest, no evidence of such terms than the contents of the written
agreement. (Sec. 10, Rule 130, Revised Rules on Evidence)
4. What is the attorney-client privilege and its exceptions?
- This privilege provides that an attorney or person reasonably believed by
the client to be licensed to engage in the practice of law cannot, without
the consent of the client, be examined as to any communication made by
the client to him, or his advice given thereon in the course of, or with a
view to, professional employment, nor can an attorney's secretary,
stenographer, or clerk, or other persons assisting the attorney be
examined without the consent of the client and his employer, concerning
any fact the knowledge of which has been acquired in such capacity.
- The exceptions are the following:
a. Furtherance of crime or fraud – If the services or advice of the lawyer were
sought or obtained to enable or aid anyone to commit or plan to commit what
the client knew or reasonably should have known to be a crime or fraud.
 b. Claimants through same deceased client – As to a communication relevant
to an issue between parties who claim through the same deceased client,
regardless of whether the claims are by testate or intestate or by inter vivos
transaction;
c. Breach of duty by lawyer or client – As to a communication relevant to an
issue of breach of duty by the lawyer to his or her client, or by the client to his
or her lawyer;
d. Document attested by the lawyer – As to a communication relevant to an
issue concerning an attested document to which the lawyer is an attesting
witness; or
e. Joint clients – As to a communication relevant to a matter of common interest
between two (2) or more clients if the communication was made by any of
them to a lawyer retained or consulted in common, when offered in an action
between any of the clients, unless they have expressly agreed otherwise.
(Sec. 24, Rule 130, Revised Rules on Evidence)

5. What is the Hearsay Evidence Rule and its exceptions?

- Hearsay is a statement other than one made by the declarant while
testifying at a trial or hearing, offered to prove the truth of the facts
asserted therein. Hearsay evidence is inadmissible except as otherwise
provided in the Rules on Evidence. The following are the exceptions:
a. Dying declaration;
b. Statement of Decedent or Person of Unsound Mind
c. Declaration against interest;
d. Acts or declaration about pedigree;
e. Family reputation or tradition regarding pedigree;
f. Common reputation;
g. Res gestae;
h. Records of Regularly Conducted Business Activity;
i. Entries in Official Records;
j. Commercial list and the like;
k. Learned Treatise;
l. Testimony or deposition at a former proceeding;
m. Residual Exception (Sec. 38-50, Rule 130, 2019 Amendments to the Rules
on Evidence)
n. Hearsay exception in child abuse cases (Sec. 28, A.M. No. 004-07-SC)
o. Inapplicability of the Hearsay Evidence Rule under the Electronic Document
Rule (Sec. 1, Rule 8, Rules on Electronic Evidence)
6. May hearsay be the basis to establish probable cause during preliminary
investigation?
- Yes. Owing to the initiatory nature of preliminary investigations, the
technical rules of evidence should not be applied in the course of its
proceedings. Probable cause can be established with hearsay evidence,
as long as there is substantial basis for crediting the hearsay. (Cambe vs.
Office of the Ombudsman as cited in Arroyo v. Sandiganbayan Fifth
Division, G.R. No. 210488, January 27, 2020)
7. What are the requirements in order for hearsay evidence to be admitted as part of the res
gestae?
- The following requisites must be satisfied for the exception to apply:
 a. that the principal act, the res gestae, be a startling occurrence;
b. that the statements were made before the declarant had the time to contrive
or devise a falsehood; and
c. that the statements must concern the occurrence in question and its
immediate attending circumstances (People v. XXX, G.R. No. 205888.
August 22, 2018, J. Caguioa)
8. May the extrajudicial confession of an accused be used as a ground for his conviction?
- An extrajudicial confession made by an accused shall not be sufficient
ground for conviction, unless corroborated by evidence of corpus
delicti.
- An extrajudicial confession, where admissible, must be corroborated by
evidence of corpus delicti in order to sustain a finding of guilt. In this
connection, extrajudicial confessions are presumed voluntary until the
contrary is proved. (People v. Dacanay y Tumalabcab, G.R. No. 216064,
November 7, 2016, J. Caguioa)
9. What are the requisites for admissibility of extrajudicial confessions: (RI-VICE)?
a. Express and categorical acknowledgment of guilt;
b. Facts admitted are constitutive of the criminal offense;
c. Voluntarily given;
d. Intelligently made;
e. Any extrajudicial confession made by a person arrested, detained or under
custodial investigation shall be in writing and signed by such person In the presence
of his counsel or in the latter's absence, upon a valid waiver [R.A. No. 7438, Sec.
2(d)];
f. There is no violation of Art. III, Sec. 12 of the Constitution (Rights of the accused)
(People vs. Racquel, G.R. No. 119005, December 2, 1996)
10. What are the requisites to warrant a conviction based on circumstantial evidence?
- Circumstantial evidence, to be sufficient to warrant a conviction, must
form an unbroken chain which leads to a fair and reasonable
conclusion that the accused, to the exclusion of others, is the perpetrator
of the crime.
- To determine whether there is sufficient circumstantial evidence, three
requisites must concur:
a. there is more than one circumstance;
b. facts on which the inferences are derived are proven; and
c. the combination of all the circumstances is such as to produce a conviction
beyond reasonable doubt. (People v. Yatar, G.R. No. 150224, May 19, 2004)
11. What is tender of excluded evidence/proffer of evidence?
- Tender of excluded evidence is a remedy embodied under Sec. 40 of
Rule 132 of the Rules of Court.
- The rule is that evidence formally offered by a party may be admitted or
excluded by the court through the following:
o If a party's offered documentary or object evidence is excluded, he
may move or request that it be attached to form part of the records
of the case.
o If the excluded evidence is oral, he may state for the record the
name and other personal circumstances of the witness and the
substance of the proposed testimony. (Fortune Tobacco
 Corporation vs. Commissioner of Internal Revenue, G.R. No.
192024, July 1, 2015)
12. Is the rule on chain of custody mandatory?
- As a rule, strict compliance with the chain of custody is mandatory.
- However, the courts may allow a deviation from these requirements if the
following requisites are availing:
o the existence of "justifiable grounds" allowing departure from the
rule on strict compliance; and
o the integrity and the evidentiary value of the seized items are
properly preserved by the apprehending team.
- If these two elements concur, the seizure and custody over the
confiscated items shall not be rendered void and invalid. (People of the
Philippines vs. Richael Luna y Torsilino, G.R. No. 219164, March 21,
2018, J. Caguioa)
13. What is an Electronic Document?
- It refers to information or the representation of information, data, figures,
symbols or other modes of written expression, described or however
represented, by which a right is established or an obligation extinguished,
or by which a fact may be proved and affirmed, which is received,
recorded, transmitted, stored, processed, retrieved or produced
electronically.
- It includes digitally signed documents and any print-out or output,
readable by sight or other means, which accurately reflects the electronic
data message or electronic document. (Sec. 1(h), Rule 2, Rules on
Electronic Evidence)

14. What are the requirements for an electronic document to be admissible as evidence?
a. If it complies with the rules on admissibility prescribed by the Rules of Court and
related laws; and
b. If authenticated in the manner prescribed by the Rules on Electronic Evidence.
(Sec. 2, Rule 3, Rules on Electronic Evidence)
15. What is the required proof of authentication of an electronic document?
- An electronic document may be authenticated through an Affidavit of
Evidence.
- All matters relating to the admissibility and evidentiary weight of an
electronic document may be established by an affidavit stating facts of
direct personal knowledge of the affiant or based on authentic records.
- The affidavit must affirmatively show the competence of the affiant to
testify on the matters contained therein. (Section 1, Rule 9 of the Rules
on Electronic Evidence)