SUBJECT 1 CRIMINAL JURISPRUDENCE, PROCEDURE AND EVIDENCE

A. SCOPE - Elements of the legal provisions and the extent of its application regarding offenses and penalties, knowledge of the court jurisdiction, venue in criminal cases and the admissibility of evidence which are of probative value to the courts.

B.

TOPIC OUTLINE

1.

CRIMINAL LAW BOOK I

1.1

Introduction

1.1.1 1.1.2 1.1.3 1.1.4 1.1.5 1.1.6 1.1.7 1.1.8 1.1.9

Significance of the Study Scope and Limitation of the Study Concept of Criminal Law Sources of Philippine Criminal Law Characteristics of Criminal Law Jurisdiction of Civil Courts over Offender Persons Subject to Military Law Theories in Criminal Law and their Characteristics Application of its Provisions

1.2

Felonies

1.2.1 1.2.2

Concept of Felonies Classification of Felonies

1.3

Criminal Liability

1.3.1 1.3.2 1.3.3 1.3.4 1.3.5

How Criminal Liability is Incurred How to Determine Proximate Cause When Death is Presumed to be Natural Consequence of Physical Injuries Inflicted Elements of Impossible Crime Duty of the Courts With Regards to Excessive Penalty and for An Act Not Covered by Law

1.4

Stages of Execution of a Felony

1.4.1. Subjective and Objective Phase of a Felony 1.4.2. Elements of an Attempted Felony 1.4.3. Elements of a Frustrated Felony 1.4.4. Elements of a Consummated Felony 1.4.5. When Light Felonies are Punishable 1.4.6. Conspiracy and Proposal to Commit Felony 1.4.7. Grave Felonies, Less Grave Felonies and Light Felonies 1.4.8. Offenses Not Subject to the Provisions of the Revised Penal Code

1.5

Circumstances Affecting Criminal Liability

1.5.1 1.5.2 1.5.3

Justifying Circumstances Exempting Circumstances Aggravating Circumstances

1.5.4 1.5.5

Mitigating Circumstances Alternative Circumstances

1.6

Persons Criminally Liable for Felonies

1.6.1 Principals 1.6.2 1.6.3 1.6.4 1.7 Accomplices Accessories Accessories Exempt from Criminal Liability Penalties

1.7.1 1.7.2 1.7.3 1.7.4 1.7.5 1.7.6 1.7.7 1.7.8 1.7.9

Concept Purpose Theories Justifying Penalty Classification of Penalties Duration and Effect of Penalties Application of Penalties Rules for Graduating Penalties Rules for the Application of Indivisible Penalties Rules for the Application of Penalties Which Contain Three Periods

1.7.10 Factors in the Imposition of Fines

1.8

Indeterminate Sentence Law

1.8.1

Purpose

1.9

Extinction of Criminal Liability

1.9.1 1.9.2

Causes of Total Extinction of Criminal Liability Causes of Partial Extinction of Criminal Liability

1.10

Civil Liability

1.10.1 Persons Civilly Liable for Felonies 1.10.2 Damages that May be Recovered in Criminal Cases 1.10.3 What is Included in Civil Liability 1.10.4 Indemnification of Consequential Damages 1.10.5 Extinction and Survival of Civil Liability

1.11

P.D. 968, as amended (Probation Law)

1.12

Juvenile Justice and Welfare Act (Republic Act 9344) and subsequent amendments

1.13

Special Criminal Statutes, Decrees, related laws and issuances and subsequent amendments

2.

CRIMINAL LAW BOOK II

2.1

Crimes Against National Security and the Law of Nations

2.1.1 2.1.2 2.1.3

Treason and Espionage Provoking war and Disloyalty in Case of War Piracy and Mutiny on the High Seas or Philippine Waters

2.2

Crimes Against the Fundamental Law of the State

2.2.1 2.2.2 2.2.3 2.2.4

Arbitrary Detention and Expulsion Violation of Domicile Prohibition, Interruption and Dissolution of Peaceful Meetings Crimes Against Religious Worship

2.3

Crimes Against Public Order

2.3.1

Rebellion, Sedition and Disloyalty

2.3.1.1 Coup detat (Republic Act 6968)

2.3.2 2.3.3 2.3.4 2.3.5 2.3.6

Crimes Against Popular Representation Illegal Assemblies and Associations Assault Upon and Resistance and Disobedience to Persons in Authority and their Agents Public Disorders Evasion of Service of Sentence

2.3.7 Commission of Another Crime During the Service of Penalty Imposed for Another Previous Offense

2.4

Crimes Against Public Interest

2.4.1 2.4.2

Forgeries/Forging the seal of the Government and signature or stamp of the Chief Executive Counterfeiting Coins

2.4.3 Forging Treasury or Bank Notes, Obligations and Securities, Importing and Uttering False or Forged Notes, Obligations and Securities 2.4.4 Falsification of Legislative, Public, Commercial and Private Documents and Wireless, Cable, Telegraph and Telephone Messages 2.4.5 2.4.6 2.4.7 2.4.8 Falsification of Medical Certificate, Certificates of Merit or Service and the like Manufacturing, Importing and Possession of Instruments or Implements of Falsification Other Falsities Frauds

2.5

Crimes Relative to Opium and Other Prohibited Drug

2.5.1

Republic Act 9165, known as the Comprehensive Dangerous Drugs Act of 2002

2.6

Crimes Against Public Morals

2.6.1

Gambling and Betting

2.6.1.1 P.D. 1602 as amended by Republic Act 9287 (Illegal Numbers Games) 2.6.2 Offenses Against Decency and Good Customs

2.7

Crimes Committed by Public Officers

2.7.1 2.7.2 2.7.3 2.7.4 2.7.5 2.7.6

Preliminary Provisions Malfeasance and Misfeasance in Office Frauds and Illegal Exactions and Transactions Malversation of Public Funds or Property Infidelity of Public Officers Other Offenses or Irregularities by Public Officers

2.7.7 Relation to the Anti-Graft and Corrupt Practices Act (R.A. 3019) and Act Penalizing Plunder (R.A. 7080)

2.8

Crimes Against Persons

2.8.1

Destruction of Life

2.8.1.1 Parricide, Murder, Homicide 2.8.1.2 Death caused and Physical Injuries inflicted in a Tumultuous Affray 2.8.1.3 Giving assistance to suicide 2.8.1.4 Discharge of Firearms 2.8.1.5 Infanticide and Abortion 2.8.1.6 Duel

2.8.2 2.8.3 2.8.4

Physical Injuries Rape under Republic Act 8353 Relation of Human Security Act (Republic Act 9372)

2.9

Crimes Against Personal Liberty and Security

2.9.1

Crimes Against Liberty

2.9.1.1 Illegal Detention 2.9.1.2 Kidnapping of Minors 2.9.1.3 Slavery and Servitude

2.9.1.3.1 Relation to the Child Abuse Law (R.A. 7610) and Anti-Human Trafficking Law (R.A. 9208)

2.9.2

Crimes Against Security

2.9.2.1 Abandonment of Helpless Persons and Exploitation of Minors/Republic Act 7610 2.9.2.2 Trespass to Dwelling 2.9.2.3 Threats and Coercion 2.9.2.4 Discovery and Revelation of Secrets

3.0

Crimes Against Property

3.0.1

Robbery in General

3.0.1.1 Who are Guilty of Robbery 3.0.1.2 Robbery with Violence Against or Intimidation of Persons 3.0.1.3 Robbery by the use of Force Upon Things

3.0.2

Brigandage

3.0.2.1 Relation to Anti-Highway Robbery Law (PD 532) 3.0.3 Theft

3.0.3.1 Relation to Carnapping Law (Republic Act 6539) 3.0.4 3.0.5 3.0.6 3.0.7 3.0.8 3.0.9 Usurpation Culpable Insolvency Swindling and Other Deceits Chattel Mortgage Arson and Other Crimes Involving Destruction Malicious Mischief

3.0.10 Exemption from Criminal Liability in Crimes against Property

3.1

Crimes Against Chastity

3.1.1 3.1.2 3.1.3

Adultery and Concubinage Acts of Lasciviousness Seduction, Corruption and White Slave Trade

3.1.3.1 Relation to Republic Act 9208 and 7610

3.1.4 3.1.5

Abduction Provisions Relative to the Preceding Chapters of Title Eleven

3.2

Crimes Against the Civil Status of Persons

3.2.1 3.2.2

Simulation of Births and Usurpation of Civil Status Illegal Marriages

3.3

Crimes Against Honor

3.3.1 3.3.2

Libel Incriminatory Machinations

3.4

Quasi Offenses

3.4.1

Criminal Negligence

3.0

CRIMINAL PROCEDURE

3.1

Introduction

3.1.1 3.1.2

Significance of the Study Scope and Limitation of the Study

3.1.3 Concept of Criminal Procedure

3.2

Jurisdiction of Courts in Criminal Cases

3.2.1 3.2.2 3.2.3

Different Courts in the Philippines Jurisdiction Jurisdiction of Different Courts in Criminal Cases

3.3

Prosecution of Offenses (Rule 110)

3.3.1 3.3.2 3.3.3 3.3.4 3.3.5 3.3.6 3.3.7 3.3.8

Institution of Criminal Action Concept of Complaint/Information Prosecution of Criminal Action Sufficiency of Complaint/Information Concept of DuplicitiousOffense Amendment of Complaint/Information Venue of Criminal Action Intervention of the Offended Party in Criminal Action

3.4

Prosecution of Civil Action (Rule 111)

3.4.1 3.4.2 3.4.3 3.4.4 3.4.5 3.4.6

Institution of Criminal and Civil actions Concept of Independent Civil actions Effect of Death on civil actions Effect of Judgment in Civil Action Concept and Elements of Prejudicial Question Suspension by reason of Prejudicial Question

3.5

Preliminary Investigation (Rule 112)

3.5.1 3.5.2 3.5.3 3.5.4 3.5.5 3.5.6 3.5.7

Definition and Concept Officers Authorized to Conduct Preliminary Investigation Procedure in Preliminary Investigation Propriety of issuance of warrant of arrest Rule when accused is lawfully arrested without warrant Record of Preliminary Investigation Cases not requiring Preliminary Investigation nor covered by the Rule on Summary Procedure

3.6

Arrest (Rule 113)

3.6.1 3.6.2 3.6.3 3.6.4 3.6.5 3.6.6 3.6.7 3.6.8 3.6.9

Definition and Concept Manner of Arrest Duty of Arresting Officer Manner of Executing a Warrant Warrantless Arrests Time of Making arrest Method of Arrest Necessity of Assistance Right to Break in/out of Building/Enclosure to Effect Arrest/Release

3.6.10 Conduct of arrest After Escape or Rescue 3.6.11 Visitation Rights

3.7.

Bail

3.7.1 3.7.2 3.7.3 3.7.4 3.7.5 3.7.6 3.7.7 3.7.8 3.7.9

Definition and Concept Conditions of Bail/Requirements Bail as a matter of right and discretion Definition of capital offense Kinds of Bail Forum where bond is filed When bail is not required, Reduced Bail or Recognizance Guidelines for the Amount of Bail to be fixed Qualifications and Justification of Sureties

3.7.10 Property Bond, Definition and Concept 3.7.11 Concept of Corporate Surety 3.7.12 Release on Bail or Recognizance 3.7.13 Increase or Reduction of Bail 3.7.14 Forfeiture and Cancellation of Bail Bond 3.7.15 No Bail After Final Judgment; Exceptions 3.7.16 Bail not a bar to objections on illegal arrest, lack or irregular preliminary investigation

3.8

Rights of the Accused (Rule 115)

3.8.1 3.8.2 3.8.3 3.8.4 3.8.5 3.8.6

Right to Presumption of Innocence Right to Notice and Hearing Right to Representation (by himself or counsel) Right to Testify in his behalf Right Against Self-Incrimination Right to Confrontation and Cross-Examination of Witnesses

3.8.7 3.8.8 3.8.9

Right to Secure the Attendance of Witnesses Right to Speedy, Impartial and Public Trial Right of Appeal

3.9

Arraignment and Plea (Rule 116)

3.9.1 3.9.2 3.9.3 3.9.4 3.9.5 3.9.6 3.9.7 3.9.8 3.9.9

Concept of Arraignment and Plea; Conduct of Arraignment Plea Bargaining, Definition and Concept Effects of Plea of Guilty to Capital/Non-capital Offense Withdrawal of Plea of Guilty Duty of Court to Inform Accused of his Right to Counsel Appointment of Counsel de Officio Time to Prepare for Arraignment/Trial Concept of Bill of Particulars Production or Inspection of Evidence in Possession of the Prosecution

3.9.10 Reasons for Suspension of Arraignment

4.0

Motion to Quash (Rule 117)

4.0.1 4.0.2 4.0.3 4.0.4

Time to Move to Quash Form and Content Grounds Amendment of Complaint/Information

4.0.5

Effect of Sustaining Motion to Quash

4.0.6 Exceptions to the Rule that Order Sustaining the Motion to Quash is not a bar to Another Prosecution of the Offense 4.0.7 4.0.8 4.0.9 Former Conviction or Acquittal; Double Jeopardy Provisional Dismissal Effects of Failure to Move to Quash

4.1

Pre-Trial and Trial (Rule 118 and 119)

4.1.1 4.1.2

Pre-Trial in Criminal Cases Nature and Effect of Pre-trial

4.1.3 Matters taken during Pre-Trial Conference 4.1.4 4.1.5 4.1.6 Pre-Trial Agreement Effect of Non-appearance Pre-trial Order

4.1.7 Concept of Trial 4.1.8 Necessity of Notice of Trial, Requirement of Continuous Trial 4.1.9 Public Attorneys duties when accused is imprisoned 4.1.10 Sanctions 4.1.11 Order of Trial 4.1.12 Examination of Witnesses Before Trial 4.1.13 Examination of Prosecution/Defense Witnesses 4.1.14 Requirement of Bail to Secure Appearance of Material Witnesses 4.1.15 Trial of Several Accused 4.1.16 Requisites of Discharge of Accused to be State Witness 4.1.17 Effect of Discharge of Accused to be State Witness

4.1.18 Remedy when Mistake is Made in Charging the Offense 4.1.19 Exclusion of Public During Trial 4.1.20 Consolidation of Trial of Related Cases 4.1.21 Nature and Propriety of Demurrer to Evidence

4.2

Judgment (Rule 120)

4.2.1 4.2.2 4.2.3 4.2.4 4.2.5 4.2.6 4.2.7 4.2.8

Definition and Concept Form and Contents Judgment for two or more Offenses Judgment in Case of Variance Between Allegations and Proof When an Offense Includes or is included in another Promulgation of Judgment Modification of Judgment Entry of Judgment

4.3

New Trial or Reconsideration (Rule 121)

4.3.1 4.3.2 4.3.3 4.3.4

Definition and Concept of New Trial or Reconsideration Grounds for New Trial Grounds for Reconsideration Form and Hearing of Motion

4.3.5

Effects of Granting New Trial/Reconsideration

4.4

Appeal (Rule 122)

4.4.1 4.4.2 4.4.3 4.4.4 4.4.5 4.4.6 4.4.7 4.4.8 4.4.9

Definition and Concept of Appeal Forum of Appeal, Parties to an Appeal, Manner of Appeal Period of Appeal Transmission of papers to Appellate Court Upon Appeal Appeal to the Regional Trial court Transmission of Records in Case of Death Penalty Effect of Appeal by any of Several Accused Effect of Withdrawal of Appeal Appointment of counsel de Officio for Accused on Appeal

4.5

Procedure in the MTC/Court of Appeals/Supreme Court (Rules 123, 124 and 125)

4.5.1 4.5.2 4.5.3 4.5.4 4.5.5 4.5.6 4.5.7 4.5.8 4.5.9

Uniform Procedure as in the RTC/ Exceptions Procedure in the Court of Appeals Period of Time to File Brief for Appellant/appellee Application for Extension of Time to File Brief Form and Contents of Brief Dismissal of Appeal Reversal or Modification of Judgment Power of the Appellate Court on Appeal Power of the Appellate Court to Receive Evidence

4.5.10 Concept of Motion for New Trial in the Appellate Court 4.5.11 Rehearing or Reconsideration 4.5.12 Steps when Judgment is Rendered by the Appellate Court 4.5.13 Appellate Jurisdiction of Supreme Court 4.5.14 Review of Decisions of the Court of Appeals by the Supreme Court 4.5.15 Rendition of Decision if Opinion is Equally Divided

4.6

Search and Seizure

4.6.1 4.6.2 4.6.3 4.6.4 4.6.5 4.6.6 4.6.7 4.6.8 4.6.9

Search Warrant, Definition and Concept Court where application for search warrant is filed Properties to Seize During Search Requisites for the Issuance of Search Warrant Necessity of Examining the Complainant and Witnesses Issuance and Form of Search Warrant Right to Break In to Effect Search Requirement of Presence of Witnesses During Search Time of Making Search

4.6.10 Validity of Search Warrant 4.6.11 Issuance of Receipt for Property Seized 4.6.12 Delivery of Property and Inventory 4.6.13 Search incidental to lawful arrest 4.6.14 Propriety of Warrantless Search 4.6.15 Motion to Quash a search warrant or to suppress evidence

4.7

Provisional Remedies in Criminal Cases (Rule 127)

4.7.1 4.7.2 4.7.3

Provisional Remedies; Definition and Concept Availability of Provisional Remedies Attachment

4.8

Rule on Summary Procedure

4.8.1 4.8.2 4.8.3 4.8.4 4.8.5 4.8.6 4.8.7 4.8.8 4.8.9

Concept of Summary Procedure Cases Where the Rule on Summary Procedure is applied Commencement of Summary Procedure in Criminal Cases Conduct of Preliminary Conference Procedure of Trial Arrest of Accused Referral to Lupon/Applicability Prohibited Pleadings Appeal

4.9

Critique of the Study

4.9.1 Are the Procedures Laid Down by the Rules effective for an Efficient Disposition of Criminal Cases? 4.9.2 What is the Effect of the Rules of Procedure in Our Criminal Justice System?

4.

EVIDENCE

4.1

Introduction

4.1.1 4.1.2 4.1.3

Significance of the Study Evidence in General Kinds of Evidence

4.2

General Provisions (Rule 128)

4.2.1 4.2.2 4.2.3 4.2.4

Definition of Evidence Scope Admissibility Relevancy; Collateral Matters

4.3

What Need Not be Proved (Rule 129)

4.3.1 4.3.2 4.3.3 4.3.4

Concept of Judicial Notice Mandatory and Discretionary Judicial Notice Necessity of Hearing Judicial Admissions

4.4

Rules of Admissibility (Rule 130)

4.4.1 4.4.2

Admissibility of Object (Real) Evidence Admissibility of Documentary Evidence

4.4.2.1 Written Instruments 4.4.2.2 Electronic Documents and Electronic Data Messages 4.4.2.3 Relation of Rule on Electronic Evidence

4.4.3

Admissibility of Testimonial Evidence

4.5

Burden of Proof and Presumptions (Rule 131)

4.5.1 4.5.2

Definition and Concept of Burden of Proof Definition and Concept of Presumptions

4.6

Presentation of Evidence (Rule 132)

4.6.1 4.6.2 4.6.3 4.6.4 4.6.5 4.6.6 4.6.7 4.6.8 4.6.9

Examination of Witnesses Rights and Obligations of a Witness Order of Examination of Witnesses Kinds of Questions Propounded to a Witness Impeachment of Witnesses Necessity of Exclusion and Separation of Witnesses Reference to Memorandum Authentication and Proof of Documents Offer and Objection

4.7

Weight and Sufficiency of Evidence (Rule 133)

4.7.1

Weight and Sufficiency of Evidence

4.8

Perpetuation of Testimony (Rule 134)

4.8.1 4.8.2 4.8.3 4.8.4

Concept of Perpetuation of Testimony Purpose of Perpetuation of Testimony Manner of Perpetuation of Testimony Depositions

4.9

Critique of the Study

4.9.1 Analysis by the student of the Rules on Evidence and how it affects the disposition of cases in the Philippines 4.9.2 Determination by the students of the flaws and imperfections of the Philippine Law on Evidence and their recommendation of solutions to facilitate the judicial process

5.

COURT TESTIMONY

5.1

Knowledge of applicable laws and procedures

5.2

Preparation of Case

5.2.1 Gathering of Evidence 5.2.2 Documentation

5.2.3

Transmittal/indorsement to Prosecutors Office

5.2.3.1 Regular Cases 5.2.3.2 Inquest Cases

5.3

Court Testimony

5.3.1 5.3.2 5.3.3 5.3.4 5.3.5

Preparation for Hearing Knowledge of the Case, Applicable Law/s and the Procedures of the Court Demeanor and Courtroom Decorum Rights and Obligations as a Witness Turn-over of Evidence

5.4

Critique of the Study

5.4.1 Analysis of the student of the applicable laws and procedures in the handling of cases prior to prosecution, actual court setting and decorum and recommendations in improved participation of law enforcement agencies in the prosecution of cases.