THE FRATERNAL ORDER OF UTOPIA

ATENEO DE MANILA UNIVERSITY

SCHOOL OF LAW
SINCE 1964

“For tomorrow shall cast a myriad of mighty storms that only

those with firm determination and Utopian vision do survive.”
What is the principle of territoriality?

It provides that the provisions of the RPC are enforceable only within Philippine territory,
inclusive of its atmosphere, interior waters, and maritime zones. However, its provisions are
also enforceable outside its jurisdiction against those who:
1. Should commit an offense while on a Philippine ship or airship;
2. Should forge or counterfeit any coin or currency note of the Philippine Islands or
obligations and securities issued by the Government of the Philippine Islands;
3. Should be liable for acts connected with the introduction into these islands of the
obligations and securities mentioned in the preceding number;
4. While being public officers or employees, should commit an offense in the
exercise of their functions; or
5. Should commit any of the crimes against national security and the law of nations.
(RPC, Art. 2)

Distinguish among aberratio ictus, error in personae, and praeter intentionem.

Aberratio ictus
(Mistake in the blow)
Praeter intentionem
Error in personae
(Actual crime greater
(Mistake in identity)
than that intended)

Acts committed in violation A person is criminally The injurious result is

of law and for all the responsible for greater than that intended.
natural and logical committing an intentional (RPC, Art. 13 (3))
consequences therefrom felony although the actual
although the actual victim victim is different from the
is different from the intended victim due to
intended victim. (People v. mistake in identity.
Adriano, G.R. No. 205228) (People v. Oanis, G.R. No.
L-47722)

Penalty for graver offense Penalty for lesser crime Mitigating circumstance of
in its maximum period. in its maximum period. not intending to commit so
(RPC, Art. 48) (RPC, Art. 49) grave a wrong. (RPC, Art.
13(3))

What are the elements of an impossible crime?

1. Act would have been an offense against persons or property;

2. There was criminal intent; and
3. Accomplishment is inherently impossible or inadequate or ineffectual means are
employed. (RPC, Art. 4)

Page 1 of 15
 THE FRATERNAL ORDER OF UTOPIA
Criminal Law Tips
Bar Operations 2022

When is there implied conspiracy?

It exists when two (2) or more persons are shown to have acted towards the
accomplishment of the same unlawful object, each doing a part so that their combined acts,
though apparently independent, were in fact connected and cooperative, indicating
closeness of personal association and a concurrence of sentiment. (People v. Salvacion, G.R.
No. 206292)

What are the requisites of the justifying circumstance of self-defense?

1. Unlawful aggression;
2. Reasonable necessity of the means employed to prevent or repel it; and
3. Lack of sufficient provocation on the part of the person defending himself. (People v.
Nacario, G.R. No. 137049)

What are the requisites of the mitigating circumstance of passion and obfuscation?

1. There is an act, both unlawful and sufficient to produce such a condition of the mind;
and
2. The said act which produced the obfuscation was not far removed from the
commission of the crime by a considerable length of time, during which the
perpetrator might recover his normal equanimity. (People v. Danafrata, G.R. No.
143010)

When is the aggravating circumstance of abuse of superior strength present?

It is present when there is notorious inequality of forces between the victim and the
aggressor, assuming a situation of superiority of strength notoriously advantageous for the
aggressor selected or taken advantage of by him in the commission of the crime. (People v.
Cortez, G.R. No. 239137)

Distinguish among recidivism, quasi-recidivism, reiteracion, and habitual

delinquency.

A recidivist is one who, at the time of his trial for one crime, shall have
Recidivism been previously convicted by final judgment of another crime embraced
in the same title of this Code. (RPC, Art. 14, par. 9)

When the offender has been previously convicted by final judgment, and
Quasi-recidiv
before serving such sentence, or while serving the same, he committed a
ism
felony. (RPC, Art. 160)

Where the offender has been previously punished for an offense to which
Reiteracion the law attaches an equal or greater penalty or for two crimes which it
attaches a lighter penalty. (RPC, Art. 14, par. 10)

Where a person within a period of ten (10) years from the date of his
Habitual release or last conviction of the crimes of serious or less serious physical
Delinquency injuries, robbery, theft, estafa, or falsification, is found guilty of the said
crimes a third time or oftener. (People v. Bernal, G.R. No. L-44988)

Page 2 of 15
 THE FRATERNAL ORDER OF UTOPIA
Criminal Law Tips
Bar Operations 2022

When is the benefit of the Indeterminate Sentence Law inapplicable?

1. When the offender is convicted of offenses punished with death penalty, life
imprisonment, or reclusion perpetua (People v. Gardon, G.R. No. 223140);
2. When the offender is convicted of treason, conspiracy or proposal to commit treason,
misprision of treason, rebellion, sedition, espionage, or piracy;
3. When the offender is a habitual delinquent;
4. When the offender has escaped from confinement or evaded sentence;
5. The offender was granted with conditional pardon by the President but violated the
terms thereof;
6. When the offender’s maximum term of imprisonment does not exceed one year; and
7. When the offender is already sentenced by final judgment at the time of approval of
the Indeterminate Sentence Law, except as provided in Section 5 thereof; or
8. When the offender’s sentence imposes penalties which do not involve imprisonment.
(Indeterminate Sentence Law, Sec. 2)

What are the requirements for the application of the three-fold rule on the
imposed penalty?

1. The maximum duration of the convict’s sentence shall not be more than three (3)
times the length of time corresponding to the most severe of the penalties imposed
upon him;
2. The maximum period shall in no case exceed forty (40) years; and
3. This rule shall apply only when the convict is to serve four (4) or more sentences
successively. (RPC, Art. 70)

Who are disqualified from availing the privilege of probation?

1. Those sentenced to serve a maximum term of imprisonment of more than six (6)
years;
2. Those convicted of any crime against the national security;
3. Those who have previously been convicted by final judgment of an offense punished
by imprisonment of not less than six (6) months and one (1) day and/or a fine of not
less than One Thousand Pesos (P1,000);
4. Those who have been once on probation;
5. Those who are already serving sentence at the time the substantive provisions of this
Decree (Probation Law, Sec. 9);
6. Those convicted of drug trafficking or drug pushing (Dangerous Drugs Act of 2002,
Sec. 24);
7. Those convicted of election offenses under the Omnibus Election Code (Omnibus
Election Code, Sec. 261);
8. Those convicted of malicious reporting of money laundering transactions (Anti-Money
Laundering Act of 2001, Sec. 9); and
9. Those convicted of the crime of torture. (Anti-Torture Act of 2009, Sec. 16)

Is there a complex crime of estafa through falsification of private document?

No. The intent to defraud in using the falsified private document is part and parcel of the
crime, and cannot give rise to the crime of estafa because the damage, if it resulted, was
caused by, and became the element of, the crime of falsification of private document. The
crime of estafa in such case was not committed, as it could not exist without its own
element of damage. (Co v. People, G.R. No. 233015)

Page 3 of 15
 THE FRATERNAL ORDER OF UTOPIA
Criminal Law Tips
Bar Operations 2022

What are the elements of malversation?

1. The offender is a public officer;

2. He had custody or control of funds or property by reason of the duties of his office;
3. Those funds or property were public funds or property for which he was accountable;
and
4. He appropriated, took, misappropriated or consented or through abandonment or
negligence, permitted another person to take them. (Venezuela v. People, G.R. No.
205693)

Distinguish among direct bribery, indirect bribery, and qualified bribery.

Direct Bribery Indirect Bribery Qualified Bribery

The offender is a public officer

The offender is a public officer. (Magno v. Commission entrusted with law
on Elections, G.R. No. 147904) enforcement. (People v.
Jugueta, G.R. No. 202124)

The offender agrees to It is not necessary that the 1. The offender refrains from
perform or actually officer should do any arresting or prosecuting an
performs an act or particular act or even offender who has
refrains from doing promise to do an act as it is committed a crime
something, because of the enough that he accepts gifts punishable by reclusion
gift or promise. (Magno v. offered to him by reason of perpetua and/or death;
and
Commission on Elections, his office. (Pozar v. Court of
2. The offender refrains from
G.R. No. 147904) Appeals, G.R. No. L-62439)
arresting or prosecuting
the offender in
consideration of any
promise, gift or present.
(RPC, Art. 211-A)

What are the elements of technical malversation?

1. The offender is a public officer;

2. There are public funds or property under his administration;
3. Such fund or property was appropriated by law or ordinance; and
4. He applies such public funds or property to any public use other than for which it was
appropriated for. (Parungao v. Sandiganbayan, G.R. No. 96025)

Is intent to kill conclusively presumed in homicide or murder?

Yes. If the victim dies because of a deliberate act of the malefactors, intent to kill is
conclusively presumed. In such case, even if there is no intent to kill, the crime is Homicide
because with respect to crimes of personal violence, the penal law looks particularly to the
material results following the unlawful act and holds the aggressor responsible for all the
consequences thereof. (Bitol v. Rafael, G.R. No. 213792)

What are the elements of murder?

1. That a person was killed;

Page 4 of 15
 THE FRATERNAL ORDER OF UTOPIA
Criminal Law Tips
Bar Operations 2022

2. That the accused killed him;

3. That the killing was attended by any of the qualifying circumstances mentioned in
Art. 248 of the RPC; and
4. That the killing is not parricide or infanticide. (People v. Kalipayan, G.R. No. 229829)

What are the elements of parricide?

1. That a person was killed;

2. That the deceased was killed by the accused; and
3. That the deceased was the father, mother, or child, whether legitimate or illegitimate,
or a legitimate other ascendant or other descendant, or the legitimate spouse, of the
accused. (People v. Malabago, G.R. No. 115686)

What are the elements of homicide?

1. That a person was killed;

2. That the accused killed him;
3. That the accused had the intention to kill which is presumed; and
4. That the killing was not attended by any of the qualifying circumstances of murder,
or by that of parricide or infanticide. (People v. Arellano, G.R. No. 86390)

What are the types of serious physical injuries?

When the injured person becomes:

1. Insane;
1st Paragraph 2. Imbecile;
3. Impotent; or
4. Blind as a consequence of the physical injuries inflicted.

When the injured person:

1. Loses the use of speech or the power to hear or smell, or loses
an eye, a hand, a foot, an arm, or a leg;
2. Loses the use of any such member; or
2nd Paragraph 3. Becomes incapacitated for the work in which he was therefor
habitually engaged, in consequence of the physical injuries
inflicted;
4. The offended party must have a vocation or work at the time of
the injury.

When the injured person:

1. Becomes deformed;
2. Loses any part of his body;
3. Loses the use thereof; or
3rd Paragraph 4. Becomes ill or incapacitated for the performance of the work in
which he was habitually engaged for more than ninety (90)
days in consequence of the physical injuries inflicted;
5. The offended party must have a vocation or work at the time of
the injury.

When the injured person becomes ill or incapacitated for labor for
4th Paragraph more than thirty (30) days but not more than ninety (90) days as a
result of physical injuries inflicted.
(RPC, Art. 263)

Is complete penetration necessary in rape?

Page 5 of 15
 THE FRATERNAL ORDER OF UTOPIA
Criminal Law Tips
Bar Operations 2022

No. Rape is consummated once the penis of the accused touches the labia of the pudendum.
The penis touching either the labia majora or the labia minora of the pudendum constitutes
consummated rape since touching either of them is to attain some degree of penetration
beneath the surface of the female genitalia. (People v. Gaspar, G.R. No. 239892)
Is there implied consent in the crime of rape between sweethearts?

No. It has been consistently ruled that a love affair does not justify rape, for the beloved
cannot be sexually violated against her will. The fact that a woman voluntarily goes out on a
date with her lover does not give him unbridled license to have sex with her against her will.
(People v. Bongabonga, G.R. No. 214771)

Distinguish between attempted rape and acts of lasciviousness.

Attempted rape is committed by the accused when the touching of the vagina by his penis is
done with the intent to penetrate. Otherwise, it is an act of lasciviousness, which in no way
manifests an act preliminary to sexual intercourse. (People v. Collado, G.R. No. 135667)

What is lewd conduct in acts of lasciviousness?

It is defined as obscene, lustful, indecent, lecherous, signifying that form of immorality

which has relation to moral impurity, or that which is carried on a wanton manner. (Lutap v.
People, G.R. No. 204061)

What are the elements of kidnapping and serious illegal detention?

1. That the offender is a private individual;

2. That he kidnaps or detains another, or in any other manner deprives the latter of his
liberty;
3. That the act of detention or kidnapping must be illegal; and
4. That in the commission of the offense, any of the following circumstances is present:
a. The kidnapping or detention lasts for more than three (3) days;
b. It was committed simulating public authority;
c. Serious physical injuries were inflicted upon the person kidnapped or detained
or threats to kill him are made; or
d. The person kidnapped or detained is a minor, female, or a public officer.
(People v. Mercado, G.R. No. L-65152)

When is there robbery with homicide?

When death results or accompanies a robbery, provided that the robbery and the homicide
are consummated. The crime of robbery with homicide is a special complex crime or a single
indivisible crime where killings must have been perpetrated by reason or on the occasion of
robbery. (People v. Comiling, G.R. No. 140405)

What are the elements of the special complex crime of robbery with rape?

1. The taking of personal property is committed with violence or intimidation against

persons;
2. The property taken belongs to another;
3. The taking is characterized by intent to gain or animus lucrandi; and
4. The robbery is accompanied by rape. (People v. Bringcula, G.R. No. 226400)

What is the crime committed when death and burning occur?

Page 6 of 15
 THE FRATERNAL ORDER OF UTOPIA
Criminal Law Tips
Bar Operations 2022

1. Arson - If the main objective is the burning of the building or edifice, but death
results by reason or on the occasion of arson, the crime is simply arson, and
resulting homicide is absorbed;
2. Murder - If the main objective is to kill a particular person who may be in a building
or edifice and fire is resorted to as the means to accomplish such goal, the crime
committed is murder only; and
3. Homicide/Murder and Arson - If the objective is to kill a particular person, and in fact
the offender has already done so, but fire is resorted to as a means to cover up the
killing, then there are two separate and distinct crimes of homicide/murder and
arson committed. (People v. Malngan, G.R. No. 170470)

Distinguish between estafa in general and estafa with abuse of confidence.

Estafa in general Estafa with abuse of confidence

1. The accused defrauded another by 1. The money, goods or other personal

abuse of confidence or by means of
deceit; and
2. There should be damage or prejudice
capable of pecuniary estimation caused
to the offender party or third person.
(People v. Palicpic, G.R. No. 240694)
property is received by the offender in
trust or on commission, or for
administration, or under any other
obligation involving the duty to make
delivery of, or to return, the same;
2. Misappropriation or conversion of such
money or property by the offender, or
denial on his part of such receipt;
3. Such misappropriation or conversion or
denial is to the prejudice of another;
and
4. Demand by the offended party to the
offender. (Jandusay v. People, G.R. No.
185129)

Distinguish between estafa by postdating a check and B.P. Blg. 22.

Estafa by postdating a check B.P. Blg. 22

Malum in se. Malum prohibitum.

Deceit and damage are essential elements. Deceit and damage are not required.

No presumption of knowledge arises, as Mere issuance of a check that is dishonored

knowledge is not a necessary element for gives rise to the presumption of knowledge
conviction. on the part of the drawer that he issued the
same without sufficient funds.

A check issued in payment of a pre-existing The drawer of a dishonored check may be

obligation does not constitute estafa even if convicted even if he had issued the same
there is no fund in the bank to cover the for a pre-existing obligation.
amount of the check.
(Rimando v. Sps. Aldaba, G.R. No. 203583)

Distinguish between theft and estafa in general.

Page 7 of 15
 THE FRATERNAL ORDER OF UTOPIA
Criminal Law Tips
Bar Operations 2022

Theft Estafa

The accused receives the thing and converts

The accused takes the thing.
it to his or her own use or benefit.

Only material possession was given to the Juridical possession is transferred to the
accused and it is actually taken by him accused and he takes the property with
with no intent to return, or material intent to gain.
possession is not even given to, but
obtained by, the accused through taking
the object without the owner’s consent and
with intent to gain.
(Pideli v. People, G.R. No. 163437)

In what instances is actual malice required to be proven in libel?

1. When a private communication is made by any person to another in the performance

of any legal, moral, or social duty;
2. When a fair and true report is made in good faith without any comments or remarks,
of any judicial, legislative or other official proceedings, which are not of confidential
nature, or of any statement, report or speech delivered in said proceedings, or of any
other act performed by public officers in the exercise of their functions;
3. When fair commentaries are made on matters of public interest; or
4. When remarks are directed against a public figure. (Manila Bulletin Publishing
Corporation v. Domingo, G.R. No. 170341)

Is a child as defined under the Anti-Child Pornography Act limited to persons

below eighteen (18) years of age?

No. Under the Anti-Child Pornography Act, a child also refers to:
1. A person, regardless of age who is presented, depicted or portrayed as a child as
defined herein; and
2. Computer-generated, digitally or manually crafted images or graphics of a person
who is represented or who is made to appear to be a child. (Anti-Child Pornography
Act, Sec. 3 (a))

What are the elements of fencing?

1. A crime of robbery or theft has been committed;

2. The accused, who is not a principal or an accomplice in the commission of the crime
of robbery or theft, buys, receives, possesses, keeps, acquires, conceals, sells or
disposes, or buys and sells, or in any manner deals in any article, item, object or
anything of value, which has been derived from the proceeds of the crime of robbery
or theft;
3. The accused knew or should have known that the said article, item, object or
anything of value has been derived from the proceeds of the crime of robbery or
theft; and
4. There is, on the part of one accused, intent to gain for oneself or for another. (Ong v.
People, G.R. No. 190475)

What are the elements of carnapping?

1. There is taking;

Page 8 of 15
 THE FRATERNAL ORDER OF UTOPIA
Criminal Law Tips
Bar Operations 2022

2. With intent to gain;

3. Of a motor vehicle belonging to another;
4. Without the owner’s consent; and
5. By means of violence against or intimidation of persons, or by using force upon
things. (New Anti-Carnapping Law, Sec. 3, Par. 1)

Is the taking of all types of motor vehicles covered under the Anti-Carnapping
Law?

No. The Anti-Carnapping Law exempts from its coverage certain vehicles such as road
rollers, trolleys, street sweepers, sprinklers, lawn mowers, amphibian trucks and cranes if
not used on public highways, vehicles which run only on rails and tracks, and tractors,
trailers and tractor engines of all kinds and used exclusively for agricultural purposes. The
theft or robbery of the foregoing vehicles would be covered by Article 310 of the RPC.
(People v. Bustinera, G.R. No. 148233)

What are the elements of directly or indirectly receiving any gift under Section
3(b) of the Anti-Graft and Corrupt Practices Act?

1. The offender is a public officer;

2. The offender requested or received a gift, a present, a share, a percentage, or a
benefit;
3. Such request was made in behalf of the offender or any other person;
4. The request was made in connection with a contract or transaction with the
government; and
5. Such public officer, in an official capacity under the law, has the right to intervene.
(Garcia v. Sandiganbayan, G.R. No. 155574)

What are the elements of plunder?

1. That the offender is a public officer who acts by himself/herself or in connivance with
members of his/her family, relatives by affinity or consanguinity, business associates,
subordinates or other persons;
2. That the offender amasses, accumulates or acquires ill-gotten wealth through a
combination or series of acts under Section 1(d) of the Anti-Plunder Act; and
3. That the aggregate amount or total value of the ill-gotten wealth amassed,
accumulated or acquired is at least Fifty Million Pesos (P50,000,000.00). (Estrada vs.
Office of the Ombudsman, G.R. Nos. 212761-62)

What is a dating relationship under the Anti-VAWC Law?

It refers to a situation wherein the parties live as husband and wife without the benefit of
marriage or are romantically involved over time and on a continuing basis during the course
of the relationship, which also includes on-and-off relationships. (Ang v. CA, G.R. No.
182835)

What are the elements of a violation under the B.P. Blg. 22?

1. Making, drawing, and issuing any check to apply to account or for value;
2. Knowledge of the maker, drawer, or issuer that at the time of issue he does not have
sufficient funds in or credit with the drawee bank for the payment of the check in full
upon its presentment; and

Page 9 of 15
 THE FRATERNAL ORDER OF UTOPIA
Criminal Law Tips
Bar Operations 2022

3. Subsequent dishonor of the check by the drawee bank for insufficiency of funds or
credit, or dishonor of the check for the same reason had not the drawer, without any
valid cause ordered the bank to stop payment. (B.P. Blg. 22, Sec. 1)

Can a case for B.P. Blg. 22 prosper if the accused was not notified that the check
was dishonored?

No. Under B.P. Blg. 22, the prosecution must prove:

1. The accused issued a check that was subsequently dishonored;
2. The accused was actually notified that the check was dishonored; and
3. The accused failed to pay the holder of the check or to make an arrangement for its
payment within five (5) banking days from receipt of the notice. (King v. People,
G.R. No. 131540)

Distinguish between illegal sale and illegal possession of drugs under the
Dangerous Drugs Act of 2002.

Illegal Sale of Drugs Illegal Possession of Drugs

1. The identity of the buyer and the seller,
the object and the consideration; and
2. The delivery of the thing sold and the
payment. (People v. Miranda, G.R. No.
229671)
1. The accused is in possession of the
item or object, which is identified to be
a prohibited or regulated drug;
2. Such possession is not authorized by
law; and
3. The accused freely and continuously
possessed the drug. (People v.
Hementiza, G.R. No. 227398)

What are the links in the chain of custody that must be followed for drug cases?

1. The seizure and marking, if practicable, of the illegal drug recovered from the
accused by the apprehending officer;
2. The turnover of the seized illegal drug by the apprehending officer to the
investigating officer;
3. The turnover of the illegal drug by the investigating officer to the forensic chemist for
laboratory examination; and
4. The turnover and submission of the illegal drug from the forensic chemist to the
court. (People v. Miranda, G.R. 231989)

What must be proven for acts done in the spur of the moment or out of emotional
outrage to constitute child abuse?

A specific intent to debase, degrade or demean the intrinsic worth of a child as a human
being is required for conviction of child abuse. (Brinas v. People, G.R. No. 254005)

What are the elements of syndicated estafa?

1. The offender committed estafa or other forms of swindling;

2. It was committed by a syndicate of five (5) or more persons; and
3. Defraudation results in the misappropriation of moneys contributed by stockholders,
or members of rural banks, cooperatives, samahang nayons, or farmers’
associations, or of funds solicited by corporations or associations from the general
public. (People v. Tibayan, G.R. Nos. 209655-60)

Page 10 of 15
 THE FRATERNAL ORDER OF UTOPIA
Criminal Law Tips
Bar Operations 2022

What are the elements of Trafficking provided under the Expanded Anti-Trafficking
in Persons Act?

1. The act of recruitment, obtaining, hiring, providing, offering, transportation, transfer,

maintaining, harboring, or receipt of persons with or without the victim’s consent or
knowledge, within or across national borders;
2. The means of threat, or use of force, or other forms of coercion, abduction, fraud,
deception, abuse of power or of position, taking advantage of the vulnerability of the
person, or, the giving or receiving of payments or benefits to achieve the consent of
a person having control over another person; and
3. The purpose of exploitation which includes at a minimum, the exploitation or the
prostitution of others or other forms of sexual exploitation, forced labor or services,
slavery, servitude or the removal or sale of organs. (People v. Casio, G.R. No.
211465)

What is the effect if a person is present during hazing?

The presence of any person, even if such person is not a member of the fraternity, sorority,
or organization, during the hazing is prima facie evidence of participation therein as a
principal unless such person or persons prevented the commission of the acts punishable
herein or promptly reported the same to the law enforcement authorities if they can do so
without peril to their person or their family. (Anti-Hazing Act, Sec. 14)

Page 11 of 15
 THE FRATERNAL ORDER OF UTOPIA
Criminal Law Tips
Bar Operations 2022

Draft a complaint.

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
NATINAL CAPITAL REGION
CITY OF QUEZON , Branch 5

People of the Philippines

Plaintiff,
Criminal Case No. 12345
- - versus - - For: Crime X

Respondent
Accused.
x---------------------------------x

COMPLAINT

The undersigned, (Plaintiff), accuses (Respondent) of the crime of __________in the

municipality of ____________________, province of _____________________________,
Philippines, the said accused did then and there, willfully, unlawfully, and feloniously, with
malice and aforethought, attacked_______________________ with ________, wounding
the latter in the _______________, producing wounds which are necessarily fatal, thereby
causing the immediate death of said _____________________________.

CONTRARY TO LAW.

__________________
Complainant

SUBSCRIBED AND SWORN TO before me this _____________ day of ____________

20___________, affiant exhibiting to me his Driver’s License No._____ issued by the Land
Transportation Office of Quezon City.

_________________
Assistant Prosecutor

Page 12 of 15
 THE FRATERNAL ORDER OF UTOPIA
Criminal Law Tips
Bar Operations 2022

Draft a criminal information.

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
National Capital Region
Branch____ Quezon City

PEOPLE OF THE PHILIPPINES,

Plaintiff, Crim Case No. 12345

For: ___________
-vs-

PERSON X ,

Accused.
x-----------------------------------------------------------x

INFORMATION

The undersigned City Prosecutor, upon sworn certification originally filed by the
offended party, accuses PERSON X of ____________ as follows:

That in the afternoon of _______, in _______ City, within the jurisdiction of

this Court, the said accused, ____year old, did then and there, willfully, unlawfully,
and feloniously __________.

CONTRARY TO LAW.
City of Quezon, Philippines, November 11, 2022

_________________
City Prosecutor

Witnesses:
______________
Bail Recommended: P28,000.00

Page 13 of 15
 THE FRATERNAL ORDER OF UTOPIA
Criminal Law Tips
Bar Operations 2022

CERTIFICATION

I hereby certify that: the preliminary investigation in this case has been conducted; I
have examined the complainant and his witnesses and on the basis of their sworn
statements and other evidence submitted before me there is reasonable ground to believe
that the offense charged has been committed; the accused was informed of the complaint
and was given an opportunity to submit controverting evidence and that the filing of this
information was with the authority of the City Prosecutor.

___________________
City Prosecutor

SUBSCRIBED AND SWORN to before me this 13th of November, 2022, in the City of Quezon.

___________________
City Prosecutor
APPROVED:
(sgd.) City Prosecutor

Page 14 of 15
 THE FRATERNAL ORDER OF UTOPIA
Criminal Law Tips
Bar Operations 2022

Draft an affidavit of desistance.

 REPUBLIC OF THE PHILIPPINES)

CITY OF MANILA                       ) S.S.

Criminal Case No. 54321

AFFIDAVIT OF DESISTANCE
 
        I, Juan dela Cruz, of legal age, single, and a resident of________________, after
having duly sworn to in accordance with law hereby depose and state:
 
        1. I am the complaining witness for Crime ____ against Person A in the case
entitled "People of the Philippines versus Person A", Criminal Case No. 12345, Court B,
Branch _____, City of ______.
 
        2. (REASON FOR DESISTANCE)
 
        3. Since I could not state with certainty and without doubt the liability of Person A, in
fairness to him, I am permanently withdrawing my complaint against him. I clear him of
whatever responsibility or liability to me.
 
        4. I hereby inform the City Prosecutor of Manila that I am withdrawing my complaint
for Crime _____ in Criminal Case No. 54321 entitled "People of the Philippines versus
Person A", Criminal Case No. 54321, Court B, Branch C, City of _______.
 
        5. I likewise request the Court _____, Branch ____, City of ______ to dismiss with
prejudice the said criminal case.
 
        IN WITNESS WHEREOF, I hereby set my hand this __ day of ____ 20____ at the City
of Manila.
 
 
Juan de la Cruz
Complaining Witness
 

SUBSCRIBED AND SWORN to before me this ____ day of ____ 20__ at the City of
MANILA, Philippines.
 
 
 
________________
Public Prosecutor

Page 15 of 15