Pointers-criminal jurisprudence/Gemini Criminology Review and Training Center SUBJECTS: BOOK 1, BOOK 2, CRIMINAL EVIDENCE AND CRIMINAL PROCEDURE 1. The arraignment of an accused is not a prerequisite to the conduct of hearing on his petition for bail. ARRAIGNMENT is the reading of information/charged sheet to the person accused before the court and asked him to plea. 2. The filing of criminal action for offenses punishable by the Revised Penal Code interrupts the running of the period of prescription of the offense CHARGED, unless otherwise provided in SPECIAL LAWS. 3. A complaint charging acts of lasciviousness which does not alleged lewd designs, an essential element of all crimes against chastity, is FATALLY DEFECTIVE. 4. CRIMINAL LAW – is that branch of municipal law which defines crimes, treats of their nature and provides for their punishment. 5.Chief Characteristics of Criminal Law a. Generality b. Territoriality c. Prospectivity 6. NULLUM CRIMEN NULLA POENA SINE LEGE- No crime when there is no law punishing it. 7. MALA IN SE means that the act is inherently evil or bad; it is wrongful like murder., and or violations of the Revised Penal Code. 8. MALA PROHIBITA – violation of special laws; or regulatory laws like Illegal possession of firearms. 9. ERROR IN PERSONAE- mistake in identity 10. ABERRATIO ICTUS- mistake in the blow 11. PRAETER INTENTIONEM- where the consequence exceeded the intention 12.PROXIMATE CAUSE- is that caused which sets into motion other causes and which unbroken by any efficient supervening cause produces felony without which such felony could not have resulted. 13. REQUISITES OF DOLO:a.Criminal Intent,b.Freedom of Action,c.Intelligence 14. REQUISITES OF CULPA a.Criminal Negligence; lack of skill, foresight;imprudence,b.Freedom of Action c.Intelligence 15.MISFEASANCE is the IMPROPER performance of some act which might be lawfully done. 16. MALFEASANCE is the performance of some act which ought NOT TO BE done. 17. NON-FEASANCE is the omission of some act which ought to be performed. 18.CONSUMMATED FELONY- when all the elements necessary for its execution and accomplishment are present. example- Pedro stabbed to death Juan. 19.FRUSTRATED FELONY- when the offender performs all the acts of execution which would produce the felony as a consequence but which nevertheless do not produce it by reason of causes independent of the will of the perpetrator. Example- Pedro stabbed Juan using a kitchen knife. Juan was brought to the hospital. Due to timely medical attention extended to Juan, he survived. 20.ATTEMPTED FELONY- When the offender commences the commission of a felony DIRECTLY BY OVERT acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance. Example-PEDRO stabbed Juan with a knife but missed. 21. INSTIGATION- It takes place when a peace officer INDUCES a person to commit a crime without it the crime would not have been committed. 22. ENTRAPMENT- ways and means devised by peace officer to catch or apprehend a person who has committed a crime, with or without it, the crime would have already been committed. 23.DIFFERENCE BETWEEN INSTIGATION AND ENTRAPMENT—In instigation, the criminal plan or design exist in the mind of the law enforcer with whom the person instigated cooperated so it is said the person instigated is acting only as a mere instrument or tool of the law enforcer in the performance of his duties. On the other hand, in entrapment, a criminal design is already in the mind of the person entrapped. It did not emanate from the mind of the law enforcer. Example- PO1 asked the accused about a house selling marijuana. Accused pointed the house. Then, a poseur-buyer requested the accused to buy marijuana for him. When the accused returned from the known house bringing with him marijuana, the accused was immediately arrested. HELD: INSTIGATION (Pp v.Olizon) 24. ARREST- is the taking of person into custody in order that he may be bound to answer for the commission of an offense. 25. PROBABLE CAUSE- as such facts or circumstances which could lead a reasonable discreet and prudent man to believe that an offense has been committed and that the object sought in connection with the offense are in the place sought to be searched. Examples: where the distinctive odor of marijuana emanated from the plastic bag carried by the accused; where informer positively identified the accused who was observed to be acting suspiciously; where the accused who were riding a jeepney were stopped and searched by policemen who had earlier received confidential reports that said accused would transport a quantity of marijuana (pp v. Maspil) 26. COMPLAINT- is a sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer or other public officer charged with the enforcement of the law violated. 27. INFORMATION- is an accusation in writing charging a person with an offense subscribed by the prosecutor and filed with the court.
28.PRELIMINARY INVESTIGATION- is an inquiry or proceeding for the purpose of determining whether there is sufficient ground to engender a well founded belief that a crime cognizable by the RTC has been committed and that the respondent is probably guilty thereof, and should be held for trial. 29. ALL CRIMINAL ACTIONS shall be prosecuted under the direction and control of a public prosecutor.. In case of heavy workload or in the event of lack of public prosecutors, the PRIVATE PROSECUTOR may be authorized in writing by the Chief of the Prosecution Office or the Regional State Prosecutor to prosecute the case subject to the approval of the court. The private prosecutor shall continue to prosecute unless the authority to appear for the State is revoked or otherwise withdrawn. 30. AUTHORIZED TO CONDUCT PRELIMINARY INVESTIGATIONS: 1. PROVINCIAL OR CITY PROSECUTORS AND THEIR ASSISTANTS 2. NATIONAL AND REGIONAL STATE PROSECUTORS 3. OTHER OFFICERS AS MAY BE AUTHORIZED BY LAW….example Ombudsman and his Deputies. PERIOD: Within 10 days after the filing of the complaint, IO shall either dismiss or issue subpoena the respondents; Within 10 days from receipt of the subpoena, the respondent shall submit his COUNTER AFFIDAVIT; MOTION TO DISMISS shall not be allowed. If no counter-affidavit within 10 days or respondent cannot be subpoenaed, IO shall resolve the complaint on evidence presented. The IO may set hearing for clarification if there is a need within 10 days from the submission of the counter-affidavits; It shall be terminated within 5 days. Within 10 days after the investigation, the IO shall resolved the complaint whether dismissal or not. 32. Doctrine of Parens Patriae(father of his country) refers to the inherent power and authority of the State to provide protection of the person and property of a person non sui juris. Under that doctrine, the State gas the sovereign power of guardianship over persons under disability. 33. SEARCH WARRANT- is an order in writing issued in the name of the PP signed by a judge and directed to a peace officer, commanding him to search for personal property described therein and bring it before the court. VALIDITY OF SEARCH WARRANT IS TEN (10) DAYS ONLY. 34. PLEA BARGAINING- is the process whereby the accused and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case subject to court approval. It usually involves the defendant’s pleading guilty to a lesser offense or to only one or some of the counts of a multi-count indictment in return for a lighter sentence than that for the graver charge.
35.MALVERSATION-(Art217,RPC) any PUBLIC OFFICER who, by reason of the duties of his office, is accountable for public funds or property, shall appropriate the same, or shall TAKE OR MISAPPROPRIATE or shall CONSENT, or through ABANDONMENT or NEGLIGENCE, shall permit, any other person to take such public funds or property, wholly or partially. Example: City Treasurer used public funds to purchase personal property or City mayor bought a house for his girlfriend using public funds. 36. TECHNICAL MALVERSATION- is the appropriation of public funds or property to another purpose different from that for which the fund or property is appropriated by law or ordinance. Example: The public funds were used by the Mayor in constructing school buildings. The said public funds were appropriated for the purpose of constructing two bridges. This is technical malversation although no public funds went to the pocket of the mayor. 37.ESTAFA (Art315,RPC) is committed by PRIVATE INDIVIDUAL who defrauded another by UNFAITHFULNESS or ABUSE OF CONFIDENCE; false pretenses or fraudulent acts executed prior to or simultaneous with the commission of the fraud; deceit, fraudulent practice, concealing or destroying any court record, office files, document or any other papers. Example: Juan entered a resto bar and ordered bottles of beers and food. Juan left the resto bar without paying and was accosted by the security guard of the resto bar. It was found out that Juan has no money to pay for the bills. This is estafa. 38. CONSPIRACY- (Art8, RPC) when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. 39. ELEMENTS OF SELF-DEFENSE 1. Unlawful aggression 2. Reasonable necessity of the means used to prevent or repel it 3. Lack of sufficient provocation on the part of the person defending himself. 40. EVIDENCE- is a means sanctioned by these rules of ascertaining in judicial proceedings the truth respecting a matter of fact. 41. OBJECT EVIDENCE refers to objects which are addressed to the senses of the court. It may be exhibited to, examined or viewed by the court. 42. DOCUMENTARY EVIDENCE consists of writings or materials containing letters, words, numbers, figures, symbols or other mode of written expressions offered as proof of the contents. 43. BEST EVIDENCE RULE- only the original written agreement should be presented 44. PAROL EVIDENCE RULE-written terms and conditions shall not be rebuked by other statements not found in the instrument. 45. SUBPOENA AD TESTIFICANDUM- oral testimony
46. SUBPOENA DUCES TECUM- order of the court directing the person in charge or in possession of document to bring the said document to the court. Example: The Registrar of the Registry of Deeds is directed by the court to bring to the court the land title of a parcel of land which is the subject of the land dispute. 47. ARBITRARY DETENTION— 1. A barrio lieutenant, seeing his servant quarreling with his daughter, seized the servant and an hour later sent him to the Justice of the Peace. The servant was kept in detention from 5 p.m. to 9 a.m. the next day when he was released by the Justice of the Peace. HELD: The barrio lt. was guilty of arbitrary detention, because he detained the offended party WITHOUT ANY REASON THEREFOR, such as the commission of the crime, and without having the authority to do so,(US v.Gellaga) 2. A Manila detective arrested John Madudahan because of suspicion that he might be implicated in the plot to assassinate the President and that he was related to Jose Maria Sison, chairman of the Communist Party of the Philippines. HELD: mere suspicion of his connection with any murderous plot is no ground recognized by law for restraining the freedom of any individual. The detective was guilty of arbitrary detention. 3. A peace officer must have a warrant of arrest properly issued by the court in order to justify an arrest. If there is no such warrant of arrest, the arrest of a person by a public officer may constitute arbitrary detention unless otherwise it falls under the instances of warrantless arrest. 4. A private individual who makes a lawful arrest must also comply with the requirements prescribed in Art. 125. If he fails to do so, he shall be guilty of ILLEGAL DETENTION NOT ARBITRARY DETENTION.
NUMBER OF HOURS:
12 HOURS for CRIMES OR OFFENSES punishable by LIGHT PENALTIES or their equivalent. 18 HOURS for CRIMES OR OFFENSES punishable by CORRECTIONAL PENALTIES or their equivalent. 36 HOURS for CRIMES OR OFFENSES punishable by AFFLICTIVE OR CAPITAL PENALTIES or their equivalent.
48. SUBORNATION OF PERJURY- 1. B induced A to testify falsely against a fiscal. A, after having been duly sworn , knowingly and willfully testified falsely against the fiscal that the latter attempted to rape her (A’s) daughter. HELD: B was guilty of subornation of perjury. B not only knowingly and willfully induced A to swear falsely, but he did so maliciously, as it appeared from the record that he was an enemy of the fiscal who had prosecuted him before.
49. ROBBERY--- Facts: While several persons were perfecting the purchase and sale of several tins of opium, certain police officers, conspiring together with some Chinese to obtain possession of said opium, came to the scene and by means of intimidation seized the opium, without causing the prosecution of the offenders , and thereafter said police officers appropriated the opium. HELD: ROBBERY was committed. 1. A picked the pocket of B and, having taken B’s wallet, A walked away. B felt that his wallet was gone. He looked around and saw A just a few meters away. B approached A and asked for his wallet. A threatened B with bodily harm, boxed the latter, and ran away. Is the crime committed by A theft or robbery? IT IS THEFT, because the taking of the wallet of B by A was already complete when A used violence against and intimidation of B. 2. A receiving teller of a bank, taking advantage of his position, appropriated the amount of 40 thousand pesos which he had in his possession. HELD: QUALIFIED THEFT because the possession of the defendant as receiving teller was the possession of the bank, as he had only the physical, not the juridical, possession of the money. There was grave abuse of confidence. 50. VENUE – or (PLACE OF TRIAL) The Supreme Court has the power to order a CHANGE of venue or place of trial to AVOID MISCARRIAGE OF JUSTICE… 51. JURISDICTION- the authority of hear 52. PRE JUDICIAL QUESTION- (a) previously instituted civil action involves an issue similar or intimately related to the issue raised in the subsequent criminal action, and (b) the resolution of such issue determines whether or not the criminal action may proceed. 53. PROOF BEYOND REASONABLE DOUBT- is that degree of proof which produces conviction in an unprejudiced mind. Only moral certainty is required.
54. ALIBI as a defense is inherently weak and crumbles in the light of positive identification by truthful witnesses. To prosper, 2 requisites: the presence of accused in another place at the time of the commission of the offense; the physical impossibility for him to be at the scene of the crime at the time of its commission. 55.Direct evidence that DIRECTLY proves a fact without the need to make an inference from another fact. 56. CIRCUMSTANTIAL EVIDENCE that INDIRECTLY PROVES A FACT in issue through an inference which the fact finder draws from the evidence established. 57. CUMULATIVE EVIDENCE refers to the SAME KIND that tends to prove the same fact.2 or more witnesses testify that they saw the event which the first witness claimed he saw, the subsequent testimonies constitute the cumulative evidence. 58. CORROBORATIVE EVIDENCE tends to confirm, validate, or strengthen evidence already presented. 59. An offer to pay or the payment of medical, hospital or other expenses occasioned by an injury is NOT ADMISSIBLE in evidence as proof of civil or criminal liability for the injured party. 60. MARITAL DISQUALIFICATION RULE- FORBIDS the husband or the wife TO TESTIFY FOR OR AGAINST THE OTHER WITHOUT THE CONSENT of the affected spouse. 61. MISLEADING QUESTION IS ONE WHICH ASSUMES AS TRUE A FACT NOT YET TESTIFIED TO BY THE WITNESS, or contrary to that which he has previously stated. 62. DYING DECLARATION utterances UNDER CONSCIOUSNESS OF A DEATH that is to immediately come is a preliminary question of fact for the trial court to determine. 63. LEADING QUESTION is a question which suggests to the witness the answer which the examining party desires. 64. DIGITAL SIGNATURE refers to an ELECTRONIC SIGNATURE consisting of a transformation of an electronic document 65. THEFT- personal property, WITH INTENT TO GAIN 66. BAIL- is matter of right; FORMS: SURETY, PROPERTY,CASH AND RECOGNIZANCE 67. INFANTICIDE- less than 3 days old child 68. PARRICIDE- any person who shall kill his father, mother or child, or his legitimate ascendants or descendants, or legal wife 69. GRAVE THREATS- threaten another with infliction (crime) upon the person, honor, or property. 70. GRAVE COERCION- any person who without authority of law shall by means of violence, threats or intimidation prevent another from doing something not prohibited by law or compel him to do something against his will, whether it be right or wrong. 71. DIRECT BRIBERY- PUBLIC OFFICER who shall agree to perform an act constituting a crime, in connection with the performance of his official duties in consideration of any offer. Gift or promise. 72. ADULTERY-married woman having carnal knowledge with a man other than her husband. 73. ALARMS AND SCANDAL- Any act calculated to cause alarm or danger 74. KIDNAPPING- any private individual detaining a person against his will or deprive him of his libery 75. STATUTORY RAPE- ANY GIRL LESS THAN 12 YEARS OLD EVEN IF SHE GIVE HER CONSENT IS STATUTORY RAPE. 76. PLUNDER, any person charged with malversation of public funds amounting to FIFTY MILLION PESOS. 77. Slander by deed is a crime against honor which is committed by performing any act which casts dishonor,discredit or contempt upon another person. 78. Anti-Wire Tapping Act.RA4200…recording private communication without legal order is a violation of this law. 79. Treason cannot committed in time of peace. It is committed only during WAR. It is a breach of allegiance to a government, committed by a person who owes allegiance to it. 80. The officer, if refused admittance to the place of directed search after giving notice of his purpose and authority may BREAK OPEN any outer or inner door of window of a house or any part of a house or anything therein to execute the warrant or liberate himself or any person lawfully aiding him when unlawfully detained therein. 81. No search of a house, room or any other premises shall be made except in the presence of the lawful occupant thereof or any member of his family or in the presence of the latter, in the presence of two witnesses of sufficient age and discretion residing in the same locality. 82. READING A BIBLE AND THEN ATTACKING CERTAIN CHURCHES IN A PUBLIC PLAZA IS NOT A CEREMONY OR MANIFESTATION OF A RELIGION, BUT ONLY A MEETING OF A RELIGIOUS SECT. 83. REBELLION always involves TAKING UP ARMS AGAINST the Government. The crime of rebellion or of inciting it is by nature a crime of masses of a multitude. It is a vast movement of men and a complex net of intrigues and plots. 84. TERRORISM AS A CRIME , a person who commits an act punishable as rebellion or insurrection, thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace , in order to coerce the government to give in to an unlawful demand. 85. COUP D’ETAT- is a swift attack, accompanied by violence, intimidation, threat, strategy or stealth, directed against duly constituted authorities of the Republic of the Philippines, or any military camp or installation, communications networks, public utilities or other facilities needed for the exercise and continued possession of power, singly or simultaneously carried out anywhere in the Philippines by any person(s), belonging to the military or police or holding any public office or employment, with or without civilian support or participation, for the purpose of seizing or diminishing state of power. 86. The act of the accused in preventing by force the holding of a popular election in certain precincts, without public uprising, is direct assault. 87. Where the appellant had shouted to the offended party( a policeman) and accused him of knowing very little about investigation, and while the offended party was taking to the desk sergeant, he pushed said offended party and gave him blows with his hands which, however, he was able to evade, the aggression should not be considered as an assault but merely as resistance to an agent of a person in authority. 88. Laying hands upon a person in authority while in the performance of his official duties constitutes DIRECT ASSAULT. 89. Pointing a gun at a military police captain who is in the performance of his duty constitutes assault upon an agent of person in authority because there is serious intimidation. 90. Threatening to give a fist blow made to a policeman who was arresting the accused would not constitute direct assault by intimidating because the intimidation is not serious. 91. Teachers, professors and persons charged with supervision of public or duly recognized private schools, colleges and universities shall be deemed persons in authority, in applying the provisions of Art 148 and 151 92. TRAFFICKING IN PERSONS refers to the recruitment, transporation, transfer or harboring or receipt of persons with or without the victim’s consent or knowledge, within across national borders by means of threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the person, or giving or receiving of payments or benefits to achieve the consent of the a person having control over another person for the purpose of exploitation which includes at a minimum, the exploitation or the prostitution of others or other forms of sexual exploitation, forced labor , servitude or the removal or sale of organs
93. Charivari includes a medley of discordant voice, a mock serenade of discordant noises made on kettles, tins, horns,etc. ,designed to annoy and insult. 94. Statutory rape: when the girl is under 12 years of age 95. Infanticide defined as killing of any child less than 3 days of age, whether the killer is the parent or grandparent, any other relative of the child, or a stranger 96. Unjust vexation includes any human conduct which, although not productive of some physical or material harm would, however, unjustly annoy or vex an innocent person. 97. Examples of illegal discharge of firearm 1. As the accused aimed at the gun at, and was about to shoot, the offended party who was then seated, a third person tapped it down so that when it fired, the bullet hit the floor. 2. The accused intimidated the complaining witnesses by pointing his revolver in their direction, whereupon they threw themselves upon and disarmed him. In the course if the struggle, the accused discharged the revolver so close to one complaining witnesses.Held:Illegal discharge of firearm. 3. B, with intention to knock A with the butt of the gun, approached A but the latter met B and tried to snatch the gun away from B.In the course of struggle, the gun was fired by B at couple of meters infront of A. Held: a is guilty of illegal discharge of firearm
R.A. 6981 –WITNESS PROTECTION PROGRAM R.A. 7438- RIGHTS OF PERSON ARRESTED, DETAINED OR UNDER CUSTODIAL INVESTIGATION R.A. 9372- HUMAN SECURITY ACT OF 2007 R.A. 9344- ACT ESTABLISHING COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM R.A.9165- COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002