Criminal Law RPC (Book 1) : Juris Reviewer

JURIS REVIEWER
Criminal Jurisprudence and Procedure is further subdivided into:

1. Criminal Law 1 - Study of the Revised Penal Code book 1,
special criminal statutes, Presidential Decrees, and
Letters of Instructions.
2. Criminal Law 2 - Study of the Revised Penal Code book 2
3. Criminal Procedure - Study of the Rules of Court and Criminal
Procedure covering the law on arrest, search and
seizure, Preliminary Investigation and the granting of bail to an
accused person; Rights of the accused person
during the trial and the manner of prosecution of criminal
offenses; Procedures in arraignment and trial and
discharge of one of several defendants as state witness; Rules
governing arrest without warrant and the use of
firearms in case of resistance to an arrest; Study of court
decisions regarding arrest and search and seizure.
4. Criminal Evidence - Study of the fundamental principle of
criminal evidence as embodied in the rules of court.
Civil Law
1. Filed by a private party.
 a corporation
 an individual person
2. Penalty: a guilty defendant pays the plaintiff for
losses caused by their actions.
 no incarceration
Crimes are divided into 2 classes
1. Misdemeanors - less than one year of incarceration
2. Felonies - sentence of one year or more.
During the times of the Romans, a criminal charge meant presenting the case before the public.Both the person accused of the crime and the
accuser would give speeches based on their side of the story.The individual with the best argumentation would determine the outcome of the
case.
Criminal Law
1. Filed by the government
2. Penalty: a guilty defendant is punished by
 incarceration in jail or prison
 fine paid to the government

 execution (death penalty)
Criminal law RPC (Book 1)

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

1. General 2. Territorial 3. Prospective
General - binding on all persons who reside or sojourn in the

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

commercial representatives can not claim the
privileges and immunities accorded to
ambassadors and ministers.
Territorial - Penal laws of the Philippines are enforceable only

within its territory.
Exception: Art. 2 of the RPC - binding even on
crimes committed outside the Philippines.
1. Offenses committed while on a Philippine ship
or airship.
2. Forging or counterfeiting any coin or currency
note of the Philippines or obligations and
securities issued by the government.
3. Introduction into the country of the above
mentioned obligations and securities.
4. While being public officers and employees, an
offense is committed in the exercise of their
functions.
5. Crimes against the National Security and the Law
of the Nations.
Prospective - The law does not have any retroactive effect.

Exception: When the law is favorable to the
accused.
Exception to the Exception:

1. The New Law is expressly made inapplicable
to pending actions or existing causes of
action.
2. Offender is a habitual criminal.
Theories of Criminal Law

1. Classical Theory - basis is man's free will to choose between
good and evil, that is why more stress is placed upon the
result of the felonious act than upon the criminal himself. The
purpose of penalty is retribution. The RPC is generally
governed by this theory.
2. Positivist Theory - basis is the sum of social and economic

phenomena which conditions man to do wrong in spite of or
contrary to his volition. This is exemplified in the provisions
on impossible crimes and habitual delinquency.
3. Mixed Theory - combination of the classical and positivist

theories wherein crimes that are economic and social in
nature should be dealt in a positive manner. The law is thus
more compassionate.
Construction of Penal Laws

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

1. Ex Post Facto Law
2. Bill of Attainder
3. Law that violates the equal protection clause of the
constitution.
4. Law which imposes cruel and unusual punishments nor
excessive fines.
1. A Branch of municipal law which defines crimes, treats of

their nature and provides for their punishment.
A. Procedural Law
B. Civil Law
C. Criminal Law
D. Political Law
2. One of the following is not a characteristic of criminal law.

A. General
B. Territorial
C. Prospective
D. Retroactive
3. Criminal law is binding on all person who reside or sojourn

in the Philippines. This characteristic of criminal law is known as
A. General
B. Territorial
C. Prospective
D. Retroactive
4. One of the characteristics of criminal law is generality. Which

of the following is not an exception to the principle of
generality.
A. Treaty Stipulation
B. Laws of Preferential Application
C. Principles of Public International Law
D. None of the Above
5. One of the following person is not immune from Philippine

criminal law.
A. Sovereigns and other chief of state
B. Ambassador
C. Consuls
D. Charges d' Affaires
6. Penal laws of the Philippines are enforceable only within

its territory. This characteristic of criminal law is known as
A. General
B. Territorial
C. Prospective
D. None of the above
7. One of the following is not an exceptions to the territorial

principle of criminal law.
A. Offenses committed while on Philippine ship or airship
B. Forging or counterfeiting any coin or currency note of
the Philippines or the obligations and securities issued
by the government.
C. Crimes committed against national security and the law of
nations.
D. Crimes committed against public order.
8. Criminal law does not have any retroactive effect. This

characteristic of criminal law is known as
A. General
B. Territorial
C. Prospective
D. Retroactive
9. When the law is favorable to the accused, is an exception

to which characteristic of criminal law.
A. General
B. Territorial
C. Prospective
D. Retroactive
10. A Theory of criminal law, Basis is man's free will to choose

between good and evil. The purpose of penalty is retribution.
A. Classical Theory
B. Positivist Theory
C. Mixed Theory
D. None of the above.
Answer:
1. C
2. D
3. A
4. D
5. C
6. B
7. D
8. C
9. C
10. A
1. Basis is the sum of social and economic phenomena which

conditions man to do wrong in spite of or contrary to his
volition. This theory of criminal law is known as
A. Classical Theory
B. Positivist Theory
C. Mixed Theory
2. In the construction of penal laws, it must be ______________

construed in favor of offender.
A. Strictly
B. Liberally
C. Severely
D. Precisely
3. Which of the following is not a limitation on power of

congress to enact penal laws.
A. Ex post facto law
B. Bill of Attainder
C. Law that violates the equal protection clause of the
constitution.
4. The Revised Penal Code took effect on

A. March 6, 1929
B. March 6, 1930
C. February 1, 1932
D. February 1, 1934
5. What determines whether a vessel is a Philippine vessel for

purposes of the application of criminal law?
A. Place of Registration
B. Place of Construction
C. Citizenship of the Owner
6. Crimes committed aboard foreign vessel within the territorial

waters of a country are not triable in the courts of such
country. In Criminal law, this principle is known as
A. The Philippine Rule
B. The English Rule
C. The French Rule
7. Crimes committed aboard a foreign vessel within the

territorial waters of a country are triable in the courts of such
country. In Criminal law, this principle is known as
B. The English Rule
C. The French Rule
8. For Offenses committed aboard foreign vessel committed in

Philippine waters. What principle is applicable to the
Philippines.
B. The English Rule
C. The French Rule
9. Acts and omissions punishable by the RPC is known as

A. Felonies
B. Crimes
C. Misdemeanor
10. Acts and omissions punishable by any law is known as

A. Felonies
B. Crimes
C. Misdemeanor
Answer:
1. B
2. B
3. D
4. C
5. A
6. C
7. B
8. B
9. A
10. B
. Failure to perform a duty required by law.

A. Exception
B. Exclusion
C. Avoidance
D. Omission
2. There is no crime when there is no law punishing it. In
criminal law, this principle is known as
A. Nullum crimen, nulla poene sine lege
B. Ignorantia Legis Non Excusat
C. Actus Non Facit Reum, Nisi Mens Sit Rea
D. Actus Me Invito Factus Non Est Meus Actus
3. These Felonies are committed by means of deceit (dolo).

A. Culpable Felonies
B. Intentional Felonies
C. Unintentional Felonies
4. These Felonies are committed by means of fault.

5. This classification of felony has the following requisites,

freedom, intelligence, and intent.
6. This classification of felony has the following requisites:

freedom, intelligence, negligence, and imprudence.
7. Which of the following is not a characteristics of an offense

mala in se?
A. Moral trait of offender is considered.
B. Good Faith is a defense
C. Mitigating and aggravating circumstances taken into
account in imposing penalty
D. Degree of participation when there is more than one
offender is generally not taken into account
8. Which of the following is not a characteristic of an offense

mala prohibita?
A. Mitigating and aggravating circumstance is not generally
taken into account
B. Degree of accomplishment of the crime is taken into
account only when consummated
C. Good Faith is not a defense
D. Moral trait of offender is considered.
9. Moving power which impels one to act.

A. Motive
B. Intent
C. Purpose
10. Purpose to use a particular means to effect a result.

A. Motive
B. Intent
C. Purpose
Answer:
1. D
2. A
3. B
4. A
5. B
6. A
7. D
8. D
9. A
10. B
1. In Criminal Law, Error in Personae means

A. Mistake in Identity
B. Mistake in Blow
C. Lack of intent to commit so grave a wrong
2. In Criminal Law, Abberatio Ictus means

B. Mistake in Blow
C. Lack of Intent to commit so grave a wrong
3. In Criminal Law, Praetor Intentionem means

B. Mistake in Blow
C. Lack of intent to commit so grave a wrong
4. The cause which in the natural and continuous sequence,

unbroken by any efficient intervening cause, produces the
injury without which the result would not have occurred.
A. Immediate Cause
B. Intervening Cause
C. Proximate Cause
D. Natural Cause
5. Which of the following is not a requisites of an impossible

crime?
A. Act would have been an offense against persons or
property
B. Accomplishment is inherently impossible or inadequate
or ineffectual or ineffectual means are employed
C. Act is not an actual violation of another provision of the
RPC or of special law.
D. There was no criminal intent
6. A Stage in the execution of felonies when all the elements

necessary for its execution and accomplishment are present.
A. Consummated
B. Frustrated
C. Attempted
7. This Stage in the execution of felonies have the following

elements: a. offender performs all acts of execution b. All
the acts would produce the felony as a consequence c. But
the felony is not produce d. By reason of causes independent
of the will of the perpetrator.
A. Consummated
B. Frustrated
C. Attempted
8. This Stage in the execution of felonies have the following

elements: a. Offender commences the felony directly by
overt acts b. Does not perform all acts which would produce
the felony c. His acts are not stopped by his own spontaneous
desistance
A. Consummated
B. Frustrated
C. Attempted
9. In the stages of execution of felonies, the element that all

acts of execution are present, must be present in
A. Attempted and Frustrated
B. Attempted and Consummated
C. Frustrated and Consummated
D. Frustrated and Attempted
10. Which of the following do not admit of frustrated and

attempted stages?
A. Offenses punishable b y special penal laws
B. Formal Crimes
C. Impossible Crimes
D. All of the Above
Answer:
1. A
2. B
3. C
4. C
5. D
6. A
7. B
8. C
9. C
10. D
1. Backbone of the police department.

A. Intelligence
B. Patrol
C. Investigation
D. Vice Control
2. Established the fist English police department, the London

metropolitan police in 1829.
A. O.W Wilson
B. Sir Robert Peel
C. Henry Fielding
3. He laid the foundation for the first modern police force. he was
appointed magistrate in Westminster in 1748.
A. Henry Fielding
B. Sir Robert Peel
C. O.W. Wilson
4. A Chicago Police department superintendent, he introduced a one man

mobile patrol except in ghetto and crime ridden section of the city.
The rationale is that help is a microphone away.
A. O.W. Wilson
B. Sir Robert Peel
C. Henry Fielding
5. Required all men in a given town to serve on the night watch.

A. Hue and Cry
B. Shires
C. Parish constable
D. Watch and Ward
6. Ten tithings or 100 families under the charge of a constable.

A. Shire
B. Parish Constable
C. Beadies
D. Hundred
7. Groups of hundreds within a specific geographic area.They were put under

the control of the King and were governed by a shire-reeve or sheriff.
A. Shires
B. Parish Constable
C. Beadies
D. Tithings
8. Ten families who grouped together to protect one another and to assume
responsibility for the acts of the group member.
A. Hundred
B. Shires
C. Tithings
D. Beadies
9. Enacted in 1285 in England, it established a rudimentary criminal justice

system in which most of the responsibility for law enforcenment remained
with the people themselves.
A. The Hue and Cry
B. shire-reeve
C. Statute of Winchester
D. Magna carta
10.He was responsible for organizing and supervising the watch

A. Shire-reeve
B. Shire
C. Magistrate
D. Parish Constable
Answer:
1. B
2. B
3. A
4. A
5. D
6. D
7. A
8. C
9. C
10.D
1. He assisted the justices of the peace by presiding the courts, ordering

arrest, calling witnesses and examining prisoners
A. Parish Constable
B. Sheriff
C. Magistrates
D. Shire
2. This office was created to assist the shire-reeve in non urban areas
A. Justice of the Peace
B. Parish Constable
C. Magistrates
D. Watchmen
3. This office was created to assist the shire-reeve in urban areas.

A. Justice of the Peace
B. Parish Constable
C. Magistrates
D. Watchmen
4. Patrolling the streets from dusk till dawn to insure that all local
people were indoors and quite and to insure that no strangers were
roaming around.
A. Justice of the peace
B. Parish Constable
C. Magistrates
D. Watchmen
5. A system of apprehending criminals whereby a complainant goes in the

middle of the street and shout at the top of his voice calling all males
to assemble and indicates the whereabouts of the culprit.
A. Royal Judge
B. Magistrates
C. Watchmen
D. Hue and Cry
6. He conducts Criminal investigation and give punishment.

A. Royal Judge
B. Magistrate
C. Watchmen
D. Parish Constable
7. Suspects were required to place their hands in boiling water. When not
hurt, he will be acquitted, if not he is guilty of the crime.
A. Hue and Cry
B. Shire
C. Trial by Ordeal
8. An Anglo-saxon period of policing system where the residents themselves

were required to preserve the peace and order and protect life and
properties of the people.
A. Hue and Cry
B. Royal Judge
C. Trial by ordeal
D. Tun policing system
9. The cooperative human effort to achieve the purpose of criminal justice

system.
A. Civil Administration
B. Police Administration
C. Patrol Administration
10.This law established the Napolcom under the office of the President.
It is also known as the Police Act of 1966.
A. R.A. 6975
B. C.A. 181
C. R.A. 4864
D. R.A. 4668
Answer:
1. C
2. A
3. B
4. D
5. D
6. A
7. C
8. D
9. B
10. C
1. Which of the following crimes do not admit of frustrated

stage.
A. Rape
B. Bribery
C. Adultery
D. All of the Above
2. The General Rule is that light felonies are punishable only

when they have been consummated. One of the
following is an exception.
A. If committed against the law of the nation
B. If committed against public order
C. If committed against persons or property
3. Two or more persons come to an agreement for the

commission of a felony and they decide to commit it.
A. Proposal
B. Conspiracy
C. Agreement
D. Non of the Above
4. A Person has decided to commit a felony and proposes its

execution to some other person.
A. Conspiracy to commit a felony
B. Proposal to commit a felony
C. Agreement to commit a felony
5. Under the RPC , afflictive penalties are imposed for a

A. Grave Felonies
B. Less Grave Felonies
C. Light Felonies
6. Under the RPC, Correctional penalties are imposed for a

A. Grave Felonies
C. Light Felonies
7. Under the RPC, aresto menor is imposed for a

A. Grave Felonies
C. Light Felonies
8. Light Felonies are punishable by

A. 1 day to 30 days
B. 1 month and 1 day to 6 months
C. 6 months and 1 day to 6 years
D. 6 years and 1 day to 12 years
9. Where the act of a person is in accordance with law, such

person is deemed not to have violated the law.
A. Mitigating circumstance
B. Aggravating circumstance
C. Justifying circumstance
D. Exempting circumstance
10. Grounds for exception from punishment because there is

wanting in the agent of the crime any of the conditions
which make the act voluntary or negligent.
A. Mitigating circumstance
B. Aggravating circumstance
C. Justifying circumstance
Answer:
1. D
2. C
3. B
4. B
5. A
6. B
7. C
8. A
9. C
10. D
1.One while advanced in age has a mental development

comparable to that of children between 2 and 7 years old. He
is exempt in all cases from criminal liability.
A. Insane
B. Imbecile
C. Stupid
2. One who acts with complete deprivation of intelligence or

reason or without the least discernment or with total
deprivation of freedom of will.
A. Insane
B. Imbecile
C. Stupid
3. Offender uses violence or physical force to compel

another person to commit a crime.
A. Irresistible Force
B. Uncontrollable Fear
C. Duress
4. Offender employs intimidation or threat in compelling

another to commit a crime.
A. Irresistible Force
B. Uncontrollable Fear
C. Duress
5. The Juvenile Justice and Welfare Act is known as

A. R.A. 9343
B. R.A. 9434
C. R.A. 9433
D. R.A. 9344
6. Mental capacity to fully appreciate the consequences of

the unlawful act.
A. Motive
B. Intent
C. Discernment
7. Actus Me Invito Factus Non Est Meus Actus means

A. Any act done by me against my will is not my act
B. No intent to commit so grave a wrong
C. He who is the cause of the cause is the cause of the evil
caused
8. Some motive which has lawfully, morally, or physically

prevented a person to do what the law commands.
A. Absolutory cause
B. Insuperable cause
C. Mitigating circumstance
9. Where the act committed is a crime but for some reason of

public policy and sentiment, there is no penalty imposed.
A. Absolutory cause
B. Insuperable cause
C. Mitigating circumstance
10. Those which if present in the commission of the crime

reduces the penalty of the crime but does not erase criminal
liability nor change the nature of the crime.
A. Justifying circumstance
B. Mitigating circumstance
C. Aggravating circumstance
Answer:
1. B
2. A
3. A
4. B
5. D
6. C
7. A
8. B
9. A
10. B
1. Any unjust or improper conduct or act of the offended party,

capable of exciting, inciting or irritating anyone.
A. Provocation
B. Vindication
C. Passion
D. Obfuscation
2. Those which, if attendant in the commission of the crime,

serve to have the penalty imposed in its maximum period
provided by law for the offense or those that change the
nature of the crime.
A. Justifying circumstances
B. Mitigating circumstances
C. Exempting circumstances
D. Aggravating circumstances
3. It is a kind of aggravating circumstance which apply to all

crimes.
A. Generic aggravating circumstance
B. Specific aggravating circumstance
C. Qualifying aggravating circumstance
D. Inherent aggravating circumstance
4. A kind of aggravating circumstance that change the nature

of the crime.
5. A kind of aggravating circumstance which of necessity

accompany the commission of the crime.
6. A kind of aggravating circumstance which arise under special

conditions to increase the penalty of the offense and can not
be offset by mitigating circumstances.
B. Special aggravating circumstance
C. Inherent aggravating circumstance
D. Qualifying aggravating circumstance
7. In Criminal Law, nighttimeas an aggravating circumstance

is also referred to as
A. Obscuridad
B. Despoblado
C. Encuadrilla
8. In Criminal Law, uninhabited place as an aggravating

circumstance is known as
A. Obscuridad
B. Despoblado
C. Encuadrillia
9. In Criminal Law, Band to be considered aggravating

A. There must be three or more armed men
B. There must be four or more armed men
C. There must be five or more armed men
D. There must be six or more armed men
10. En Cuadrillia means

A. Uninhabited place
B. Band
C. Nighttime
Answer:
1. A
2. D
3. A
4. C
5. D
6. B
7. A
8. B
9. B
10. B
1. One who at the time of his trial for one crime, shall have been
previously convicted by final judgment of another crime
embraced in the same title of the RPC.
A. Recidivist
B. Habitual delinquent
C. Quasi-recidivist
2. All of the following except one is a person in authority.

A. Barangay Chairman
B. Barangay Tanod
C. Mayor
D. Governor
3. Where the offender has been previously punished for an

offense to which the law attaches an equal or greater
penalty or for two crimes to which it attaches a lighter
penalty. This generic aggravating circumstance is known as
A. Recidivism
B. Habituality
C. Multi-recidivism
D. Quasi-recidivism
4. Reiteracion means
A. Recidivism
B. Habituality
C. Multi-recidivism
D. Quasi-recidivism
5. Where a person within a period of ten years from the date

of his release or last conviction of the crimes of serious or
less serious physical injuries, robbery, theft, estafa, or
falsification, is found guilty of the sdaid crimes a third time
or oftener. This extra ordinary aggravating circumstance is
known as
A. Recidivism
B. Habitual delinquency
C. Reiteracion
D. Quasi-recidivism
6. Where a person commits felony before beginning to serve

or while serving on a previous conviction for a felony.
This special aggravating circumstance is known as
A. Recidivism
B. Reiteracion
C. Habitual delinquency
D. Quasi-recidivism
7. This aggravating circumstance involves the use of

intellectual trickery or cunning on the part of the accused.
A. Craft
B. Fraud
C. Disguise
8. This aggravating circumstance involves the use of insidious

words or machinations to induce the victim to act in a manner
which would enable the offender to carry out his design.
A. Craft
B. Fraud
C. Disguise
9. This aggravating circumstance involves resorting to any

device to conceal identity.
A. Craft
B. Fraud
C. Disguise
10. Astucia means

A. Craft
B. Fraud
C. Disguise
11. Disfraz means

A. Craft
B. Fraud
C. Disguise
Answer:
1. A
2. B
3. B
4. B
5. B
6. D
7. A
8. B
9. C
10. A
11. C
1. When the offender commits any of the crimes against the

person, employing means, methods or forms in the execution
thereof which tend directly and specially to insure its
execution without risk to himself arising from the defense
which the offended party might make.
A. Evident Premeditation
B. Astucia
C. Disfraz
D. Treachery
2. A Circumstance pertaining to the moral order which adds

disgrace and obloquy to the material injury caused by the
crime.
A. Astucia
B. Disfraz
C. Ignominy
D. Obscuridad
3. This Aggravating Circumstance is present when the culprit

enjoys and delights in making his victim suffer slowly and
gradually, causing unnecessary physical pain in the
consummation of the criminal act.
A. Ignominy
B. Cruelty
C. Obscuridad
D. Disfraz
4. Which of the following is not one of the three types of

principals?
A. Principal by Direct Participation
B. Principal by Induction
C. Principal by Indispensable Cooperation
5. Persons who do not act as principals but cooperate in the

execution of the offense by previous and simultaneous
acts, which are not indispensable to the commission of the
crime.
A. Principal
B. Accomplice
C. Accessory
6. A Person received and used property from another, knowing
it was stolen. This is an example of a
A. Principal
B. Accomplice
C. Accessory
7. Placing a weapon in the hand of the dead who was unlawfully

killed to plant evidence or burying the deceased who was
killed by the mastermind. This is an example of
A. A Principal
B. An Accomplice
C. An Accessory
8. This Law penalizes the act of any person who knowingly or

willfully obstructs, impedes, frustrates or delays the
apprehension of suspects and the investigation and
prosecution of criminal cases.
A. P.D. 1928
B. P.D. 1892
C. P.D. 1829
D. P.D. 1982
9. This Law penalizes the act, with intent to gain, of buying,

selling, receiving, possessing, keeping, or in any other
manner dealing in anything of value which a person knows
or should have known to be derived from the proceeds of
the crime of robbery or theft.
A. P.D. 1261
B. P.D. 1216
C. P.D. 1621
D. P.D. 1612
10. One of the following accessory is not exempt from criminal

liability.
A. When the Principal is his Spouse
B. When the Principal is his Ascendant
C. When the Principal is his Descendant
Criminal Law Review Questions 10: Next Page
Answer:
1. D
2. C
3. B
4. D
5. B
6. C
7. C
8. C
9. D
10. D
1. Suffering inflicted by the state for the transgression of a law.

A. Reward
B. Advantage
C. Penalty
2. A Theory of justifying penalty to prevent or suppress the

danger to the state arising from the criminal act of the
offender.
A. Prevention
B. Self-Defense
C. Reformation
D. Exemplarity
3. A Theory justifying penalty so as to protect society from

the threat and wrong inflicted by the criminal.
A. Theory of Prevention
B. Theory of Self-Defense
C. Theory of Reformation
D. Theory of Justice
4. A Theory Justifying penalty where the object of punishment

in criminal cases is to correct and reform the offender.
D. Theory of Exemplarity
5. A Theory justifying penalty where the criminal is punished

to serve as an example to deter others from committing
crimes.
D. Theory of Exemplarity
6. A Theory justifying penalty, that crime must be punished

by the state as an act of retributive justice, a vindication
of absolute right and moral law violated by the criminal.
B. Theory of Reformation
C. Theory of Exemplarity
D. Theory of Justice
7. A Legislative Act which inflicts punishment without trial.

A. Bill of Attainder
B. Ex Post Facto Law
C. Republic Act
8. Which of the following is not an Ex Post Facto Law?

A. A Law which makes criminal an act done before the
passage of the law and which was innocent when done.
B. A Law which aggravates a crime or makes it greater than
it was when committed.
C. A Law which changes the punishment and inflicts a greater
punishment than the law annexed to the crime when
committed.
9. Which of the following crimes will not extinguish the

criminal liability of the offender even if pardoned by the
offended party?
A. Adultery
B. Seduction
C. Concubinage
D. Homicide
10. Fines when imposed alone as penalty, in the amount of

201 pesos to 6000 pesos is considered
A. Afflictive Penalty
B. Correctional Penalty
C. Light Penalty
11. Fines when imposed alone as penalty, over 6000 pesos

is considered
A. Afflictive penalty
C. Light penalty
12. Fines when imposed alone as penalty, in the amount of

200 pesos and less is considered
A. Afflictive Penalty
C. Light penalty
Answer:
1. C
2. A
3. B
4. C
5. D
6. D
7. A
8. D
9. D
10. B
11. A
12. C
1. A general statement of intention and typically with
a time horizon.
A. Goal
B. Objective
C. Plan
D. Strategy
2. Specific commitment to achieve a measurable result

within a specific period of time.
A. Goal
B. Objective
C. Plan
D. Strategy
3. An organize schedule or sequence by methodical activities

intended to attain a goal and objectives for the
accomplishment of mission or assignment.
A. Goal
B. Objective
C. Plan
D. Strategy
4. Is an attempt by administration to allocate anticipated resources

to meet anticipated service demands.
A. Police Planning
B. Planning
C. Strategy
D. Plan
5. A process of preparing for change and copping uncertainty

formulating future causes of action, the process of
determining the problem of the organization coming up with
proposed resolution and finding best solution.
A. Police Planning
B. Planning
C. Strategy
D. Plan
6. It is a broad design, method, a plan to attain a stated

goal or objective.
A. Police Planning
B. Planning
C. Strategy
D. Plan
7. It is a specific design, method, or course of action to

attain a particular objective in accordance with strategy.
A. Tactic
B. Procedure
C. Policy
D. Guidelines
8. A sequence of activities to reach a point or to attain

that which is desired.
A. Tactic
B. Procedure
C. Policy
D. Guidelines
9. A product of prudence or wisdom in the management of

human affairs.
A. Tactic
B. Procedure
C. Policy
D. Guidelines
10.A rule of action for the rank and file to show them
and they are expected to obtain the desired effect.
A. Tactic
B. Procedure
C. Policy
D. Guidelines
Answer:
1. A
2. B
3. C
4. A
5. B
6. C
7. A
8. B
9. C
10. D
BOOK 2 REVIWER
1. Breach of allegiance to the government by a person who owes
allegiance it.
A. Espionage
B. Rebellion
C. Sedition
D. Treason
2. Treason can be proven by Judicial Confession of the accused

or testimony of at least how many witness?
A. At Least 1 Witness
B. At Least 2 Witness
C. At Least 3 Witness
D. At Least 4 Witness
3. The Offense of gathering, transmitting, or losing information

respecting the national defense with intent or reason to
believe that the information is to be used to the injury of
the Republic of thre Philippines or the advantage of a
foreign nation.
A. Treason
B. Espionage
C. Sedition
D. Rebellion
4. One of the following felonies may be committed not only

during war but also during peace time.
A. Treason
B. Misprision of Treason
C. Espionage
D. Piracy
5. An Act to punish Espionage and other offenses against

national security.
A. C.A. No. 616
B. C.A. No. 716
C. C.A. No. 816
D. C.A. No. 916
6. It is robbery or forcible depredation on the high seas, without

lawful authority and done with animo furandi and in the
spirit and intention of universal hostility.
A. Piracy
B. Mutiny
C. High Jacking
D. Robbery on the the High Seas
7. The Unlawful Resistance to a superior or the raising of

commotions and disturbances on board a ship against the
authority of its commander.
A. Piracy
B. Mutiny
C. High Jacking
D. Rebellion
8. Anti-Hijacking Law is known as

A. R.A. No. 6553
B. R.A. No. 6523
C. R.A. No. 6253
D. R.A. No. 6235
9. The Anti-Piracy and Anti-Highway Robbery Law of 1974 is

known as
A. P.D. No. 532
B. P.D. No. 523
C. P.D. No. 253
D. P.D. No. 235
10. The deprivation by a public officer of the liberty of a person

without any legal ground.
A. Arbitrary Detention
B. Illegal Detention
C. Kidnapping
Answer:
1. D
2. B
3. B
4. C
5. A
6. A
7. B
8. D
9. A
10. A
1. One of the following is not a crime against the law of nation.

A. Treason
B. Qualified Piracy
C. Flight to Enemy's Country
D. Arbitrary Detention
2. One of the following is not a crime against the Fundamental

Laws of the State.
A. Qualified Piracy
B. Arbitrary Detention
C. Delaying Release
D. Expulsion
3. It is the offense committed by expelling a person from the

Philippines or by compelling a person to change his residence.
A. Light Threats
B. light Coercion
C. Expulsion
D. Grave Threats
4. The term used where the object of the movement is

completely to overthrow and supersede the existing
government.
A. Insurrection
B. Rebellion
C. Sedition
5. The term refers to a movement which seeks merely to effect

some change of minor importance to prevent the exercise
of governmental authority with respect to particular matters
or subjects.
A. Insurrection
B. Rebellion
C. Sedition
6. R.A. No. 6235 is known as

A. Anti-Hijacking Law
B. Anti-Piracy and Anti-Highway Robbery Law of 1974
C. An Act To Punish Espionage
7. All of the following except one are crimes against public order.
A. Coup D' Etat
B. Sedition
C. Treason
D. Rebellion
8. This felony involves the raising of commotions or disturbances

in the State. Its ultimate object is a violation of the public
peace or at least such a course of measures as evidently
engenders it.
A. Coup D' Etat
B. Rebellion
C. Sedition
D. Treason
9. Committed by a person who being under oath and required to

testify as to the truth of a certain matter at a hearing before a
competent authority, shall deny the truth or say something
contrary to it.
A. Slander
B. Perjury
C. Libel
D. False testimony
10. Lax, Unrestrained, immoral, maintainer of house of

prostitution.
A. Dissolute
B. Prostitutes
C. Ruffians
D. Vagrants
Answer:
1. D
2. A
3. C
4. B
5. A
6. A
7. C
8. C
9. D
10. A
CRIMINAL PROCEDURE
Introduction:
Etymology: Krimea [Greek]: meaning, “to charge a wrongdoing”
Criminal Procedure
The method prescribed by law for the apprehension and prosecution of persons accused of any criminal offense, and their punishment, in case
of conviction.
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 unconditional release of the offender.
It is a generic term used to describe the network of laws and rules which govern the procedural administration of criminal justice.
Criminal Jurisdiction
The authority to hear and decide a particular offense and impose punishment for it. It has three requisites, namely:
Subject matter – cases of the general class where the proceedings in question belong as determined by the nature of the offense and by the
penalty imposed by law;
Territory – the geographical limits of the territory over which the court presides and where the offense was committed; and
Person of the accused – acquired thru: a) arrest [with warrant or warrantless] or b) voluntary surrender.
I. Prosecution of Offenses
How instituted?
By filing the: 1) Complaint, or 2) Information.
Complaint
A sworn written statement charging a person with an offense
Executed and Subscribed by the O.P.A.O. [Offended Party, Any peace officer, or Other public officer charged with the enforcement of the law
violated].
May be filed in the prosecutors office or directly to the court
Information
1.An accusation in writing
2. Subscribed by the Prosecutor
3.Filed with the court
Both are:
1. In writing
2. In the name of the People of the Philippines
3. Directed against all persons who appear to be responsible for the offense involved.
Elements of a complaint or information:

1. Formal elements, and
2. Substantive elements.
It must be:
1. Sufficient in form, and
2. Sufficient in substance
Thus, under Section 14, of Rule 110, a complaint or information may be amended, in form and in substance .
A complaint or information is sufficient in form if it states: [N.D.A.N.A.P.]

1. The Name of the accused
2. The Designation of the offense given by the statute
3. The Acts or omissions complained of as constituting the offense
4.The Name of the offended party
5. The Approximate date of the commission of the offense
6. The Place where the offense was committed.
A complaint or information is sufficient in substance if it doesn’t contain any of the defects which is a ground for a motion to quash. (Section
3, Rule 117)
Note: A motion to quash, once granted, is equivalent to dismissal (but not acquittal).
Remedy if a complaint or information is defective:

I. If defective in form
a) court may dismiss the complaint or information motu propio or upon motion, or
b) accused may move for a BILL OF PARTICULARS
II. If defective in substance – No obligation is imposed on the judge to point out the duplicitousness or other defect in the indictment on
which an accused is being arraigned. It is for the accused to move for a motion to quash on the ground that the complaint or information
charges more than one offense, under sanction of waiver and loss of ground of objection (Concurring opinion of CJ Narvasa, People v.
Bartulay, 192 SCRA 632)
Note: For certain classes of Actions, it is the tribunal having jurisdiction which automatically determines whether or not the papers are in
order before giving it due course, meaning, it satisfies itself if the complaint or information is sufficient in form and in substance.
Examples:
Articles of Impeachment in an impeachment proceedings
Presidential Election Protest
This is not so in criminal proceedings. It is incumbent upon the accused to object on substantive defects (People v. Bartulay, supra).
Query:
JP was charged for indiscriminate firing. He claimed that he has to fire his gun in self-defense because there was an actual threat on his
person and the firing of warning shots was reasonably necessary in order to prevent or repel the unlawful aggression directed against him.
Despite this, the fiscal went on to file the information in court. May JP claim that the information, though sufficient in form, is defective in
substance? Why?
No. JP cannot claim that the information is defective in substance. This is so because “self-defense” is not a ground for a motion to quash but
a matter of defense. If proven, self-defense is a basis for acquittal, not dismissal.
Any explanation or defense which the defendant may want to invoke can be properly raised during trial (Galvez v. CA, 237 SCRA 685).
Distinction between Acquittal and Dismissal:

1. Acquittal is based on MERITS of the case (substantive) ex: accused A was found innocent of killing B.
2. Dismissal is based on TECHNICALITY (procedural) ex: the crime has already prescribed.
Notes:
1. There are certain classes of offenses that cannot be prosecuted de officio – 1private offenses, i.e. adultery, concubinage, etc. and 2private
libels, i.e. defamation imputing private offenses.
2. For some offenses, there are conditions precedents before plaintiff can repair to the courts for redress [i.e. those requiring mediation at
the “lupong tagapamayapa”]. However, non-compliance of this rule is not jurisdictional. The failure of the plaintiff to comply with the
conciliation requirement of Sec. 40 under the Local Government Code of 1991 does not affect the Court’s jurisdiction if no timely objection is
made [San Miguel Village School v. Pundogar, 173 SCRA 704, Bejar v. CA, 169 SCRA 566].
3. All criminal actions, whether commenced by filing of complaint or information, are under the direct control of the prosecutor.
Queries:
I. A, B, C, D were charged with homicide. Preliminary investigation was conducted by the fiscal who found sufficient evidence against all, but,
according to his determination, D was the least guilty. So the fiscal filed the information only against A, B, and C leaving out D whom he
would utilize as state witness. Is the fiscal correct?
Under the Rules of Court, the fiscal cannot exclude D without court approval. It would be a grave abuse of discretion on the part of the court
in not including D in the information because of the prosecutors finding that there is sufficient evidence against all. There was no more
necessity to utilize D as a state witness.
Exeption:
Under the Witness Protection Act, the prosecutor has the discretion of discharging an accused as a state witness and no court approval is
necessary.
II. Is designation of the offense an essential element of the complaint or information? Why? Give the exception, if any.
No. Because in case of conflict between the designation of the offense and the allegations, the allegation prevails.
The exception is when the allegation is so ambiguous that it may be interpreted to mean either one or another offense, then the designation
of the offense is controlling (Case of US v. Dixon, where the designation is for trespassing but the allegations indicates either trespassing or a
possible attempted rape).
II. Prosecution of Civil Action
Basis:
Art. 100, RPC - Every person criminally liable is also civilly liable
Generally, when a person commits a crime, he offends two entities, namely:

1) The State [whose laws he violated]; and
2) The individual [whose person, right, honor, chastity, or property was actually or directly injured or damaged by the same acts or
omissions].
Exception:
When the infraction falls under the class of offenses called victimless crimes like gambling, betting on illegal cock fights, drug addiction,
prostitution, etc. etc. under the theory that “the offender himself is his own victim”.
Sec. 1, Rule 111 - When a criminal action is instituted, the civil action for the recovery of civil liability is deemed instituted with the criminal
action unless the offended party:
Waives the civil action;
Reserves the right to institute it separately; or
Institutes the civil action prior to the criminal action
Principle of proferrence of criminal action over civil action:

After the criminal action has been commenced, the separate civil action arising therefrom cannot be instituted until final judgment has been
entered in the criminal action.
If the criminal action is filed after the said civil action has already been instituted, the latter shall be suspended in whatever stage it may be
found before judgments on the merits xxx.
Reason for the rule:

Criminal action is based on an offense committed against the laws of the State while civil action is based on an injury to individual rights.
Public interest is superior over private one.
Exception to the rule of proferrence of criminal action over civil action

When the independent Civil Action is based on Articles 32, 33, 34 and 2176 of the Civil Code.
When there is a prejudicial question in the civil case that must be decided first before the criminal action can proceed because the decision in
the civil action is vital to the judgment of the criminal case.
Elements of Prejudicial Question:

The previously instituted civil action involves an issue similar or intimately related to the issue raised in the subsequent criminal action, and
The resolution of such issue determines whether or not the criminal action may proceed.
Queries:
1. Nobern married Armie on 2005. On 2006, Nobern married X. On 2007, Armie filed a criminal case for bigamy against Nobern. On 2008, X
filed a civil case for annulment against Nobern on the ground that their marriage was void ab initio for having been contracted during the
subsistence of Nobern’s prior marriage to Armie without X knowing it.
Is there a prejudicial question? Why?
2. Nobern married Armie on 2005. On 2006, Nobern married X because X threatened to kill him unless he marries X. On 2007, Nobern filed
an annulment against X on the ground of threat and intimidation. On 2008, Armie filed a criminal case for bigamy against Nobern upon
learning of Nobern’s marriage to X.
Is there a prejudicial question? Why?
Note:
Prejudicial question is subject to the principle that he who comes into court must come with clean hands. The accused cannot be permitted to
use the law in order to frustrate the ends of justice. Good faith or bad faith is important.
III. Preliminary Investigation
Defined
It is 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.
When required?
Before the filing of complaint or information for an offense where the penalty prescribed by law is imprisonment of at least 4 years, 2 months
and 1 day, without regard to fine.
When NOT REQUIRED:

In cases where the penalty imposed by law is NOT at least 4 years, 2 month, & 1 day
In case of a valid warantless arrest [shall proceed in inquest]
Officers authorized to conduct PI

Provincial or City Prosecutors and their assistants;
National and Regional State Prosecutors; and
Other officers as may be authorized by law [COMELEC during Election Period, Ombudsman, etc.]
Note: Effective 2004, judges of the lower court canno longer conduct Preliminary Investigations.
Rules:
1. The complaint must be sufficient in form [See notes in Prosecution of Offenses, supra]
2. Supported by affidavits of the complainant and his witnesses
3. Numbers of copies are proportionate to the number of respondents plus 2 official copies
1. Within 10 days after the filing, fiscal determines if there is prima facie case. If no – dismiss. If yes – issue subpoenas.
2. Within 10 days after receipt of subpoena with the complaint and supporting affidavits and documents – respondent submits counter
affidavits.
3. In case respondent cannot be subpoenaed or does not submit counter affidavit within 10 days – investigating officer resolves the complaint
on the basis of evidence presented by complainant.
Clarificatory hearing – if there are facts and issues to be clarified from a party or witness - within 10 days after submission of counter
affidavit. No direct examinations. Questions must be addressed to the fiscal.
Resolution – within 10 days after the investigation.

Forwarding of fiscals’ resolution to superiors – within 5 days
Superiors shall act on the resolution – within 10 days
IV. Arrest
Defined:
1. [Based on Rules of Court] The taking of a person in custody in order that he may be bound to answer for the commission of an offense
(Sec. 1, RRC)
2. [Based on Jurisprudence] A restraint on person, depriving one of his own will and liberty, binding him to become obedient to the will of the
law (Larrañaga v. CA, 92 SCAD 605)
How made:
As to the manner of enforcement, by:

1) Actual restraint, or
2) Submission to the custody of the person making arrest
As to the presence or absence of judicial order:

1) By virtue of a warrant, or
2) Warrantless arrest, in cases allowed by the Rules
As to the person arresting:

1) Arrest by peace officer, or
2) Citizens arrest
When warrantless arrests allowed:
1. Inflagrante Delicto arrest – when in his presence, the person to be arrested has:
Committed
Is actually committing an offense
Is attempting to commit
Translation: In flagrante delicto [latin] – Literally, “caught in the act of wrong”.
2. Hot Pursuit arrest – when an offense has Ajust been committed and Bhe has probable cause to believe based on personal knowledge of
facts or circumstances that the person arrested has committed it.
Tests in determining probable cause based on personal knowledge:
Must be based on the senses, i.e. 1) Sight

2) Hearing
3) Smell
Notes:
A. The arresting officer must have personal knowledge of the commission of the crime through his senses. He cannot “fish” for evidence first
and afterward make the arrest.
B. The term “personal knowledge” excludes hearsay as a basis for probable cause.
C. There must first be a lawful arrest before any search may be conducted. The process cannot be reversed (Dissent of Chief Justice A.
Narvasa, People v. Malmstedt). Exception: in case of valid warantless searches (Majority opinion, People v. Malmstedt, 198 SCRA 401).
D. For purposes of arrest – Officer may break into any building or enclosure where the person to be arrested is or is reasonably believed to
be, if he is refused admittance thereto, after announcing his authority and purpose (Sec. 11, RRC).
E. For purposes of search and seizure – he cannot break into any building or enclosure without violating the right of privacy. Exceptions: 1)
When there is consent (Dissent of Justice I. Cruz, People v. Evaristo, 216 SCRA 431). 2) When there is a warrant.
3. Arrest of fugitives from justice – persons who has escaped from a penal establishment, place of confinement etc. while serving sentence,
temporarily confined, or case is still pending – may be arrested under the theory that “he is engaged in the commission of a continuing
offense” (Parulan v. Director of Prisons, 22 SCRA 639).
Methods of Arrest:
I. With warrant, by officer:
The officer shall inform the person of: 1) the cause of the arrest
2) fact that warrant exist
Exception: 1) When he flees or forcibly resist before 1 & 2 is completed

2) When the giving of info will imperil the arrest
II. Without warrant, by an officer and by private persons:
Inform the person of 1) authority and cause of arrest [if person arresting is police officer] or 2) intent to arrest and cause [if person
arresting is private person]
Unless when the person to be arrested is either:

1) Engaged in the commission of the offense
2) Is pursued immediately after its commission
3) Has escaped, flees or forcibly resist before the officer or the private person making the arrest has the opportunity to inform him of 1 &
2, or
4) When the giving of info would imperil the arrest
Tests in determining lawfulness of USE OF LETHAL FORCE by the arresting officer:
1) Test of reasonability – conduct of the arresting officer is examined.

Where the precipitate action of the arresting officer resulted in the loss of a human life and there exists no circumstances whatsoever
justifying the shooting of a person who is asleep, even if he is a notorious criminal – condemnation, and not condonation should be the rule
(People v. Oanis, 74 Phil. 257).
2) Test of necessity – conduct of the person arrested is examined.

Where the arrested person attempts to flee, struck a policeman with his fists, draw a mess knife and attacked another policeman, the
arresting officer is not required to afford him a fair opportunity for equal struggle. A police officer, in the performance of his duty, must stand
his ground and cannot, like private individual, take refuge in flight. His duty requires him to overcome the offender (US v. Mojica, 42 Phil
784).
V. Bail
Kinds of bail bonds:

1. cash bond
2. property bond
3. surety bond
4. recognizance
Defined:
The security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any
court as required under the conditions of law.
Generally:
The right to bail only accrues when a person is under custody. Court must have jurisdiction over the person of the accused either thru: 1)
arrest, with or without warrant, or 2) voluntary surrender.
Exception:
When the person under investigation cannot personally appear because he is hospitalized but applies for bail through his counsel, he is
deemed to be under the constructive custody of the law (Dinapol v. Baldado, 225 SCRA 110, Paderanga v. CA, 247 SCRA 741).
Where to apply?
In the court where the case is pending (if not yet filed, may be filed before any court).
Conditions for bail:

See Sec. 2, Rule 114
Bail, a matter of right:

1. Before or after conviction by MTC, MTCC or MCTC
2. Before conviction by RTC of an offense not punishable by death, reclusion temporal, or life imprisonment
Bail, a matter of discretion:

1. Upon conviction of RTC of an offense not punishable by death, reclusion perpetua, or life imprisonment.
2. Before conviction for capital offenses [punishable by death], or an offense punishable by reclusion perpetua or life imprisonment, when
evidence of guilt is not strong. (Bail is neither a matter of right nor a matter of discretion only in cases where the evidence of guilt is strong).
Bail granted in capital offenses despite findings that evidence of guilt is strong (Cited in Cruz, Constitutional Law, 2003 Ed.):
De la Rama v. Peoples Court, 77 Phil. 461 – accused was granted bail due to tuberculosis that requires confinement to the hospital.
People v. Sison, GR 398, September 19, 1946 – humanitarian reasons considered by SC.
Notes:
1. The right to bail flows from the presumption of innocence. This is so because accusation is not synonymous with guilt.
2. In deportation proceedings, bail is not a matter of right but of discretion on the part of the Commissioner of Immigration and Deportation
(Harvey v. Defensor-Santiago, 162 SCRA 398).
3. Bail is not available to military facing court martial proceedings (Commendador v. De Villa, 200 SCRA 80).
4. I extradition proceedings, bail may be granted provided the accused undertake to submit himself to the jurisdiction of the court and
provided further that he is not a flight risk (Govt. of Hong Kong v. Judge Olalia, 2007)
VI. Rights of the accused
Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals, or good customs or prejudicial to a third
person with a right recognized by law (Art. 6, NCC).
In all criminal prosecutions, the accused shall be entitled to the following rights:
Key: [PIPTEC CoSpA]
P – resumed innocent
I – nformed of the nature of the cause and accusation
P – resent in person and by counsel
T – estify in his own behalf
E – xempt from being compelled to be a witness against himself
C – onfront witnesses
C – ompulsory process to secure attendance of witnesses and production of other evidence
S – peedy, impartial and public trial
A – ppeal
1) To be presumed innocent until the contrary is proved beyond reasonable doubt.
Hierarchy of proof [according to degree of persuasiveness]:

Absolute certainty – ultimate truth [not required in any legal proceeding]
Moral certainty – passed the test of human experience [i.e., guilt beyond reasonable doubt, conclusive presumptions]
Relative certainty – so called because a higher degree of proof exists [i.e., preponderance of evidence, probable cause, substantial evidence,
disputable or prima facie presumptions]
Notes:
The starting point is the presumption of innocence (See: Section 3, Par. (a), Rule 131, RRC)
It is incumbent upon the prosecution to demonstrate culpability. The burden of proof lies in the prosecution. Unless guilt beyond reasonable
doubt is established, the accused need not prove his innocence.
Burden of proof – the duty of the affirmative to prove what it alleges. (Africa, The Art of Argumentation and Debate).
Absolute certainty is not demanded by the law to convict but only moral certainty.
2) To be informed of the nature and cause of the accusation against him.
Essential to avoid surprise and to afford him the opportunity to prepare his defense accordingly.
Arraignment serves this purpose by informing him why the prosecuting arm of the state is mobilized against him.
An accused cannot be convicted of an offense unless it is clearly charged in the compliant or information. Basic rule – you cannot prove what
you did not allege.
3) To be present and defend in person and by counsel at every stage of the proceedings, from arraignment to promulgation of judgment.
Express or Implied waiver is renunciation to be present on that particular date only.

Escape of the accused is waiver by implication to be present on said date and all subsequent trial dates. [Fact of escape made his failure
unjustified because he has, by escaping, placed himself beyond the pale and protection of the law (People v. Salas 143 SCRA 163, cited in
Cruz, Constitutional Law, 2003 Ed.)].
Right to counsel is right to effective counsel. It is not enough to simply appoint a counsel de officio. Counsel must have no conflict of interest.
Thus, a fiscal cannot be appointed as counsel de officio.
When an accused is represented by a fake lawyer who pretended to be a member of the bar, his right to counsel is violated, unless the
accused voluntarily chose him knowing him to be a non-lawyer.
4) To testify as a witness in his own behalf but subject to cross-examination on matters covered by direct examination. His silence shall not in
any manner prejudice him.
5) To be exempt from being compelled to be a witness against himself.
Right to testify in his own behalf:

Once exercised, the accused is subject to limited cross-examination.
If not exercised, no inference of guilt can be derived from his silence alone.
Right against self incrimination:

Intended to shield the guilty & imprudent as well as the innocent & farsighted.
Based on public policy and humanity, otherwise, the accused will be placed on the strongest temptation to commit perjury.
Notes:
A. Prohibition covers 1testimonial compulsion and 2the production of the accused of incriminating documents and articles demanded from
him.
B. Does not include compulsion to 1submit fingerprints, 2photograph, 3blood or urine samples, and 4others requiring a mere mechanical act
on the part of the accused [Villaflor v. Summers, 41 Phil. 64, US v. Tan Teng, 23 Phil. 145, Schemerber v. California, US L.Ed. 2d 908, 89 S
CT No. 658].
6) To confront and cross-examine the witnesses against him at the trial.
Reasons:
To meet the witness face to face (Bill of Rights, 1987 Constitution)
To enable the court to judge the truthfulness, deportment, and the appearance of the witness while testifying (US v, Javier, 37 Phil 449).
Effect of absence of right to cross examine:

When there is express or implied waiver – no effect
In the absence of waiver – testimony of the witness cannot be considered as complete and therefore cannot form part of the evidence against
the accused.
Effect when witness dies:

Before he could take witness stand – inadmissible
After giving his direct testimony but before cross examination – Gen. rule: inadmissible. Exception: where the adverse party was given
adequate opportunity but failed to cross examine due to his own fault
After the defense conducted cross examination – admissible
7) To have compulsory process issued to secure the attendance of witnesses and production of other evidence in his behalf.
“Compulsory process” refers to the issuance of the court of:

Sub-poena – for the attendance of witnesses
Sub-poena duces tecum – for the production of documents
Notes:
A. If a sub-poena or sub-poena duces tecum is issued and the person named in the sub-poena refuses to appear or refuses to produce the
required documents without justifiable reasons – court has the power to declare that person in contempt and may order his arrest. [People v.
Montejo, 21 SCRA 722].
B. The coercive powers of the court must be employed in order to give meaning to this right.
8) To have speedy, impartial and public trial.
Speed:
Justice delayed is justice as denied
Impartiality:
Every party litigant is entitled to nothing less than the cold neutrality of an impartial court (Macalintal v. Judge Teh, 280 SCRA 623).
Public trial:
So that the public may see that he is fairly dealt with and not unjustly condemned in case of conviction.
So the public may know of the fact or the basis of his innocence in case of acquittal.
Note: “Public trial” and “Trial by publicity” are two different things. They are not the same. There should be a public trial, not trial by publicity.
9) To appeal in all cases allowed and in the manner prescribed by law.
The right to appeal is a statutory right but withdrawal of this right, in the absence of a valid waiver, constitutes a denial of due process
guaranteed by the Constitution (Cruz, Constitutional Law, 2003 Ed.).
It is not a natural right or inherent one. The party who seeks to avail of the said right must comply with the requirements of the Rules.
Otherwise, the right to appeal is lost (People v. Sabellano, 198 SCRA 196)
VII. Arraignment and Plea

Arraignment: The initial step in a criminal prosecution whereby the defendant is brought before the court to hear the charges and to enter a
plea (Black’s Law Dictionary).
Venue for Arraignment and Plea:

Before the court where the complaint or information was filed or is assigned for trial.
Purpose of arraignment [Key: FIG] (14 Am. Jur., p. 939, GV Jacinto, Crim. Proc.)
1) To fix the identity of the accused

2) To inform him of the charge
3) To give the accused an opportunity to plead
Note:
In order for the Court to “acquire” complete jurisdiction over the person of the accused, arraignment is essential. Unless this procedure is
completed, the court cannot commence trial in absentia.
Procedure:
Arraignment must be made in open court by the judge or the clerk
Accused must be furnished with a copy of the complaint or information
Complaint or Information must be read in a language or dialect known to him
Accused must be present
Accused must personally enter his plea
I. If under preventive detention

Raffle of case and transmittal of records – within 3 days
Arraignment – within 10 days from the date of raffle
Pre trial conference – within 10 days after arraignment
II. If not under preventive detention

General rule – within 30 days from the date the court acquires jurisdiction
Exception – a shorter period is provided by special law or SC Circular
Rules in entering a plea:

If accused refuses to plead or makes a conditional plea – a plea of not guilty shall be entered
If accused enters a plea but presents exculpatory evidence – plea of guilty is withdrawn and a plea of not guilty shall be entered for him.
Burden of proof shifts.
If accused enters a plea to a capital offense – court shall conduct a searching inquiry into the voluntariness and full comprehension of the
consequences of his plea and shall require the prosecution to prove his guilt and the precise degree of culpability.
Pre-trial Conference:
Private offended party shall be required to appear for purposes of:
1) Plea-bargaining
2) Determination of civil liability
3) Other matters requiring his presence
In case of failure of the offended party to appear despite due notice – conformity of prosecutor is sufficient for purposes of pleading guilty to a
lesser offense which is necessarily included in the offense charged.
Bill of particulars:
The accused may, before arraignment, move for a bill of particulars to enable him properly to plead and prepare for trial. The motion shall
specify the alleged defects of the complaint or information and the details desired.
Scope of the Bill of Particular:

Bill of Particulars is a remedy for formal defects and not substantive defects.
The remedy against an indictment that fails to allege the time of the commission of the offense with sufficient definition is a Motion for Bill of
Particulars and not a Motion to Quash (Rocaberte v. People, 192 SCRA 152).
[See discussion in: Elements of Complaint and Information, remedy in case complaint or information is defective, supra]
Modes of discovery:
Accused has a right against the suppression of evidence favorable to an accused which is material as to 1) guilt, or 2) as to punishment
(Webb v. De Leon, 247 SCRA 653).
Suppressed evidence must be of such nature as to affect the outcome of the trial (US v. Agurs, US v. Bagley)
Notes:
1) Arraignment is important for notifying the accused of the cause he is required to meet. The accused has the right to be informed of the
nature and cause of the accusation against him (Borja v. Mendoza, 77 SCRA 422).
2) The existence of a plea is an essential requisite to double jeopardy (People v. Balicas)
1. Sworn written statement charging a person with an offense,

subscribed by the offended party, any peace officer or other
public official charged with the enforcement of the law violated.
A. Information
B. Complaint
C. Affidavit
D. Memorandum
2. Accusation in writing charging a person with an offense,

subscribed by the fiscal and filed with the court.
A. Information
B. Complaint
C. Affidavit
D. Memorandum
3. ____and____ courts gain jurisdiction over the offense upon

the filing of complaint by a complainant or an information by
the prosecuting officer.
A. MTC and CA
B. MTC and SC
C. MTC and SB
D. MTC and RTC
4. Jurisdiction of the court over the offense is determined

A. At the time of the institution of the action
B. At the time of the arrest of the accused
C. At the time of voluntary surrender of the accused
D. At the time of the commission of the offense
5. Which of the following is false.

A. A complaint is a sworn statement
B. Information must be sworn to
C. Information is filed with the court
D. A complaint is subscribed by the offended party, any
peace officer or other officer charged with
the enforcement of the law violated
6. Remedies of offended party when fiscal unreasonably

refuses to file an information or include a person therein
as an accused.
A. In case of grave abuse of discretion, action for mandamus
B. Lodge a new complaint against the offenders
C. Take up matter with the Secretary of Justice
D. All of the above
7. In Municipal Trial Courts and Municipal Circuit Trial Courts

criminal actions are instituted by
A. By filing a complaint with the appropriate officer for the
purpose of conducting requisite preliminary investigation
therein.
B. By filing the complaint ONLY with the office of the fiscal
C. By filing the complaint or information directly with said
courts, or a complaint with the fiscal’s office
8. Which of the following offenses is subject to summary

procedure.
A. Violation of traffic laws
B. Violation of municipal or city ordinance
C. Violation of rental laws
D. All of the above
9. In criminal cases covered by the rules on summary procedure

shall be deemed commenced only when it is filed in
A. The Prosecutor's office
B. Lupon of the Barangay
C. The Court
10. The filing of the complaint even with the fiscal’s office
should suspend the running of the Statute of Limitations.
This is
A. True
B. False
C. Partially false
11. Information may be amended as to the name of the

accused, but such amendment cannot be questioned for
the first time on appeal.
A. True
B. Partially true
C. False
D. Partially false
12. Conviction for robbery cannot be sustained if there is a

variance between the allegation and the proof as to the
ownership of the property stolen.
A. True
B. False
C. Partially false
D. Partially true
13. If facts do not completely allege all the elements of the

crime charged, the info may be quashed; however, the
prosecution is allowed to amend the info to include the
necessary facts.
A. True
B. Partially true
C. False
D. Partially false
14. Information need only allege facts, not include all the
evidence which may be used to prove such facts
A. True
B. False
C. Partially true
D. Partially false
15. Approximation of time is sufficient; amendment as to time
is only a formal amendment; no need to dismiss case.
A. True
B. False
C. Partially true
D. Partially false
16. Qualifying and inherent aggravating circumstances need

to be alleged as they are integral parts of the crime.
If proved, but not alleged, become only generic
aggravating circumstances.
A. True
B. False
C. Partially true
D. Partially false
17. Conviction may be had even if it appears that the crime

was committed not at the place alleged, provided that the
place of actual commission was within the court’s
jurisdiction and accused was not surprised by the variance
between the proof and the information.
A. True
B. False
C. Partially true
D. Partially false
18. In which of the following cases may only the offended

spouse may file the complaint.
A. Rape
B. Seduction
C. Adultery and Concubinage
D. Acts of lasciviousness
19. Defined as the joinder of separate and distinct offenses in

one and the same information/complaint
A. Motion to Quash
B. Duplicity of offense
C. Double Jeopardy
20.The civil action involves an issue similar or intimately

related to the issue raised in the criminal action.
A. Duplicity of offense
B. Double Jeopardy
C. Prejudicial question
Answer: Criminal Procedure

1. B
2. A
3. D
4. A
5. B
6. D
7. C
8. D
9. C
10. A
11. A
12. A
13. A
14. A
15. A
16. A
17. A
18. C
19. B
20. C
EVIDENCE
Evidence
I. PRELIMINARY CONSIDERATION:
A. Importance of the study of Evidence in Law Enforcement:
As an element of our Criminal Justice System, it is the duty of every law enforcement agencies to provide the prosecution with the materials
and information (Evidence) necessary in order to support conviction.
Every person is entitled to be presumed innocent of a crime or wrong, unless proven otherwise. This is a prima facie presumption which must
be overcome by proof beyond reasonable doubt.
B. Connecting the chain of events through Evidence during Trial:
Trial refers to “the examination before a competent tribunal, according to the laws of the land, of the facts in issue in a cause, for the
purposes of determining such issue” (U.S. v. Raymundo, 14 Phil 416).
Evidence helps in the determination of Questions of Facts by helping the judge reconstruct the chain of events from the conception up to the
consummation of a criminal design.
C. Factum Probandum and Factum Probans
Factum Probandum – The ultimate facts to be proven. These are the propositions of law.
Examples:
• murder was committed thru treachery
• robbery was made through force upon things
Factum Probans – The evidentiary Facts. These addresses questions of fact.
Examples:
• exit wounds were in front indicating that victim was shot at the back
• destroyed locks indicative of force upon things
Thus, the outcome of every trial is determined by:
• Propositions of law, and

• Questions of fact.
D. Proof and Evidence
Evidence – the means to arrive at a conclusion. Under the Revised Rules of Court, evidence is defined as “the means, sanctioned by the
rules, for ascertainment in a judicial proceeding, the truth, respecting a matter of fact”.
Proof – the result of introducing evidence. The establishment of a requisite degree of belief in the mind of the judge as to the facts in issue. It
refers to the accumulation of evidence sufficient to persuade the trial court.
Quantum of evidence – the totality of evidence presented for consideration
Quantum of proof – refers to the degree of proof required in order to arrive at a conclusion.
Burden of evidence – the duty of a party of going forward with evidence.
Burden of proof – the duty of the affirmative to prove that which it alleges.
Variations on degrees of proof based on type of action:
1. Criminal Action – proof beyond reasonable doubt [that degree of proof which produces conviction in an unprejudiced mind]
2. Civil Action – preponderance of evidence [evidence of greater weight or more convincing than that which is offered to refute it]
3. Administrative Action – sufficiency of evidence [that amount of relevant evidence which a reasonable mind might accept as adequate
to justify a conclusion]
E. Exclusionary Rule. (Fruit of the poisonous tree doctrine)
Evidence ILLEGALLY OBTAINED are inadmissible for reasons of public policy. This is so because of the constitutional requirement of due
process. Due process has been defined as “the law that hears before it condemns, which proceeds upon inquiry, and renders judgment only
after fair trial”.
As a result, jurisprudence has evolved a rule that renders inadmissible any evidence obtained in an illegal search from being introduced in
trial.
F. Principle of Chain of Custody of Evidence
If the evidence is of a type which cannot be easily recognized or can readily be confused or tampered with, the proponent of the object must
present evidence of its chain of custody. The proponent need not negate all possibilities of substitution or tampering in the chain of custody,
but must show that:
The evidence is identified as the same object which was taken from the scene;
It was not tampered with, or that any alteration can be sufficiently explained (i.e. discoloration due to the application of ninhydrine solution,
etc.); and
The persons who have handled the evidence are known and may be examined in court with regard to the object.
II. GENERAL PROVISIONS:
A. Concepts of evidence:
1. It is a means of ascertainment – used to arrive at a legal conclusion

2. It is sanctioned by the rules of court – meaning, not excluded by the rules on relevancy and admissibility
3. It is used in a judicial proceeding – there is a jural conflict involving different rights asserted by different parties
4. It pertains to the truth respecting a matter of fact – evidence represents a “claim” either for the prosecution or for the defense where
issues (clashes of view) are present.
Admissibility of Evidence:
For evidence to be admissible, it must be:

1) relevant to the issue [relevancy test], and
2) not excluded by the law or rules of court [competency test].
Note: To determine the relevancy of any item of proof, the purpose for which it is sought to be introduced must first be known (There must
be a formal offer).
Test of relevancy of evidence:
Whether or not the factual information tendered for evaluation of the trial court would be helpful in the determination of the factual issue that
is disputed.
When is evidence relevant?
When it has a relation to the fact in issue as to induce belief in it’s:

1) existence, or
2) non-existence
In other words, evidence is relevant when it is:

1) material, and
2) has probative value
What is meant by “probative value”?
It is the tendency of the evidence to establish the proposition that it is offered to prove.
“Collateral Matters” not admissible except when it tend in any reasonable degree to establish probability or improbability of the fact in issue.
Collateral matters – matters other than the fact in issue and which are offered as a basis for inference as to the existence or non-existence of
the facts in issue.
Collateral matters are classified into:
1. Antecedent circumstances – facts existing before the commission of the crime [i.e. hatred, bad moral character of the offender, previous
plan, conspiracy, etc.]
2. Concomitant circumstances – facts existing during the commission of the crime [i.e. opportunity, presence of the accused at the scene of
the crime, etc.]
3. Subsequent circumstances – facts existing after the commission of the crime [i.e. flight, extrajudicial admission to third party, attempt to
conceal effects of the crime, possession of stolen property, etc.]
Query: Is modus operandi an antecedent, concomitant or subsequent circumstance?
B. Judicial Notice, basis of:
Judicial notice is based on necessity and expediency. This is so because what is known need not be proved.
Different kinds of judicial notices:
1. mandatory
2. discretionary
3. hearing required
C. Confession and Admission, distinguished:

Confession – an acknowledgement of guilt.
Admission – an acknowledgment of facts.
Different kinds of confession/admission:

1. Judicial
2. Extrajudicial
3. Oral
4. Written
5. Voluntary
6. Forced
Different kinds of evidence:

1. Relevant evidence – evidence having any value in reason as tending
to prove any matter provable in an action.
2. Material evidence – evidence is material when it is directed to prove a
fact in issue as determined by the rules of substantive law and
pleadings.
3. Competent evidence – not excluded by law.
4. Direct evidence – proves the fact in issue without aid of inference
or presumptions.
5. Circumstantial evidence - the proof of fact or facts from which, taken either singly or collectively, the existence of a particular
fact in dispute
may be inferred as necessary or probable consequence.
6. Positive evidence – evidence which affirms a fact in issue.
7. Negative evidence - evidence which denies the existence of a fact
in issue.
8. Rebutting evidence – given to repel, counter act or disprove facts
given in evidence by the other party.
9. Primary/Best evidence – that which the law regards as affording
the greatest certainty.
10. Secondary evidence – that which indicates the existence of a
more original source of information.
11. Expert evidence – the testimony of one possessing knowledge
not usually acquired by other persons.
12. Prima facie evidence – evidence which can stand alone to support
a conviction unless rebutted.
13. Conclusive evidence – incontrovertible evidence
14. Cumulative evidence – additional evidence of the same kind bearing
on the same point.
15. Corroborative evidence – additional evidence of a different kind
and character tending to prove the same point as that of previously

offered evidence.
16. Character evidence – evidence of a person’s moral standing or
personality traits in a community based on reputation or opinion.

17. Demeanor evidence – the behavior of a witness on the witness stand
during trial to be considered by the judge on the issue of credibility.
18. Demonstrative evidence – evidence that has tangible and
exemplifying purpose.
19. Hearsay evidence – oral testimony or documentary evidence which
does not derive its value solely from the credit to be attached to the
witness himself.
20.Testimonial evidence – oral averments given in open court by
the witness.
21. Object/Auotoptic proferrence/Real evidence – those addressed to
the senses of the court (sight, hearing, smell, touch, taste).
22. Documentary evidence – those consisting of writing or any material
of written expression offered as proof of its contents.
containing letters, words, numbers, figures, symbols or other modes
Best Evidence Rule:

When the subject of the inquiry is the contents of a document, no evidence shall be admissible other than the original of the document.
For exceptions, see Sec. 3, Rule 130, Revised Rules of Court.
A document is legally considered “Original” when:

1. It is the subject of an inquiry
2. When in two or more copies executed at or about the same time, with identical contents.
3. When an entry is repeated in ordinary course of business, one being copied from another at or near the time of the transaction.
Question: May a “fake” document be considered as “original” or “authentic”?
Yes. A forged or spurious document when presented in court for examination is considered as the original fake/forged document. Thus, a
mere photocopy of the allegedly forged or spurious document is only secondary to the original questioned document.
Secondary Evidence
When the original document has been:
1. lost,
2. destroyed, or
3. cannot be produced in court.
The offeror without bad faith must:

1. prove its execution or existence, and
2. prove the cause of its unavailability.
Secondary evidence may consist of:

1. a copy,
2. recital of its contents in some authentic document, or
3. by testimony of witnesses.
When original document is in the custody of:

1. adverse party – adverse party must have reasonable notice to produce it. After such notice and satisfactory proof of its existence, he
fails to produce it, secondary evidence may be presented.
2. public officer – contents may be proved by certified copy issued by the public officer in custody thereof.
III. TESTIMONIAL EVIDENCE:
Qualifications of witnesses:
1. can perceive
2. can make known their perception to others
3. not disqualified by reason of mental incapacity, immaturity, marriage, privileged communications, or “dead man’s statute”.
“Res Inter Alios Acta” Rule

General Rule: The rights of a party cannot be prejudiced by an act, declaration, or omission of another.
Exception:
1. admission by a co-partner or agent
2. admission by a conspirator
3. admission by privies
4. admission by silence
In the above cases, the admission of one person is admissible as evidence against another.
Testimonial Knowledge:
General Rule: A witness can testify only to those facts which he knows of his personal knowledge; that is, which are derived from his own
perception. Any statement which derives its strength from another’s personal knowledge is hearsay, and is therefore inadmissible.
Exceptions:
1. Dying declarations (ante-mortem statements)
2. Declaration against interest
3. Act or declaration about pedigree
4. Family reputation or tradition regarding pedigree
5. Common reputation
6. Part of the res gestae
7. Entries in the course of business
8. Entries in official records
9. Commercial lists and the like
10. Learned treatises
11. Testimony or deposition at a former proceeding
12. Examination of child victim/witness in cases of child abuse
IV. BURDEN OF PROOF AND PRESUMPTIONS:
Burden of proof – the duty of a party to present evidence on the facts in issue necessary to establish his claim or defense by the amount of
evidence required by law.
Presumption – an inference as to the existence of a fact not actually known, arising from its usual connection with another which is known or
a conjecture based on past experience as to what course human affairs ordinarily take.
2 kinds of presumptions:
1. Conclusive presumptions [jure et de jure] – based on rules of substantive law which cannot be overcome by evidence to the contrary.
2. Disputable presumptions [prima facie presumptions, rebuttable presumptions] – based on procedural rules and may be overcome by
evidence to the contrary.
Kinds of Conclusive Presumptions:

1. Estoppel by record or judgment – the preclusion to deny the truth of matters set forth in a record, whether judicial or legislative, and
also deny the facts adjudicated by a court of competent jurisdiction (Salud v. CA, 233 SCRA 387).
2. Estoppel by deed – a bar which precludes a party to a deed and his privies from asserting as against the other and his privies any right
or title in derogation of the deed or denying the truth of any material fact asserted in it (Iriola v. Felices, 30 SCRA 202).
3. Estoppel in pais – based upon express representation or statements or upon positive acts or conduct. A party cannot, in the course of
litigation or in dealings in pais, be permitted to repudiate his representation or occupy inconsistent positions.
4. Estoppel against Tenant – the tenant is not permitted to deny the title of his landlord at the time of the commencement of the relation of
landlord and tenant between them.
Note: For Kinds of disputable presumptions, see Sec. 3, Rule 131 of the Revised Rules of Court.
Presentation of Evidence:
The examination of witnesses presented in a trial or hearing shall be done is open court, and under oath or affirmation. Unless the witness is
incapacitated to speak, or the question calls for a different mode of answer, the answer of the witness shall be given orally.
Rights and Obligations of witnesses:

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

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

Leading questions –It is one where the answer is already supplied by the examiner into the mouth of the witness. [Ex. You saw Jose killed
Juan because you were present when it happened, didn’t you?]
Misleading question – a question which cannot be answered without making an unintended admission. [Ex. Do you still beat your wife?]
Compound question – a question which calls for a single answer to more than one question. [Ex. Have you seen and heard him?]
Argumentative question – a type of leading question which reflects the examiners interpretation of the facts. [Ex. Why were you driving
carelessly?]
Speculative question – a question which assumes a disputed fact not stated by the witness as true. [Ex. The victim cried in pain, didn’t he?]
Conclusionary question – a question which asks for an opinion which the witness is not qualified or permitted to answer. [Ex. Asking a high
school drop-out whether the gun used is a Cal. 45 pistol or 9mm pistol]
Cumulative question – a question which has already been asked and answered.
Harassing/Embarrassing question – [Ex. Are you a homosexual?]
Classes of Documents:
Documents are either public or private.
Public documents are:
1. The written official acts, or records of the official acts of sovereign authority, official bodies and tribunals, and public officers, whether of
the Philippines, or a foreign country.
2. Documents acknowledged before a notary public except last wills and testaments.
3. Public records (1) kept in the Philippines, or private documents (2) required by law to be entered therein.
All other writings are private.
SOME USEFUL LATIN TERMS AND LEGAL MAXIMS:
Verba legis non est decendendum – from the words of the law there can be no departure.
Dura lex sed lex – the law may be harsh but it is the law.
Ignorantia legis neminem excusat – ignorance of the law excuses no one.
Ignorantia facti excusat – mistake of fact excuses.
Praeter intentionem – different from that which was intended.
Error in personae – mistake in identity.
Abberatio Ictus – mistake in the blow
Nulum crimen, nulla poena sine lege – there is no crime when there is no law punishing the same.
Actus non facit reum, nisi mens sit rea – the act cannot be criminal where the mind is not criminal.
Actus mi invictu reus, nisi mens facit reum – an act done by me against my will is not my act.
Mens rea – guilty mind.

Actus reus – guilty act.
Res ipsa loquitor – the thing speaks for itself.
Causa Proxima – proximate cause which produced the immediate

effect.
Prima facie – at first glance.
Locus Criminis – scene of the crime or crime scene.
Pro Reo – principle in Criminal Law which states that where the statute admits of several interpretations, the one most favorable to the
accused shall be adopted.
Res Gestae – the thing itself.
Falsus in unum, falsus in omnibus – false in one part of the statement would render the entire statement false (note: this maxim is not
recognized in our jurisdiction).
1. The SC ruled the illegally obtained evidence is inadmissible in state

criminal prosecutions in the famous case of
A. Miranda vs Arizona
B. Otit vs Jeff
C. Mapp vs Ohio
D. Milkey vs Wett
2. It is defined as a remedy or process by which a child born out of

lawful wedlock and are therefore considered illegitimate are by
fiction of law considered by subsequent valid marriage of the
parents.
A. Adoption
B. Legitimation
C. Foster parenting
D. Naturalization
3. What is the Latin term for criminal intent?

A. Mens Rea
B. Magna Culpa
C. Inflagrante Delicto
D. Mala Vise
4. What should be conducted in order to determine whether a case

falls under the jurisdiction of the regional Trial Court?
A. Inquest proceeding
B. Preliminary conference
C. Preliminary investigation
D. Search and Seizure
5. For offense falling under the jurisdiction of Municipal Trial Courts

and Municipal Circuit trial courts, prosecution is instituted
A. By filling a compliant with the Regional Trial Court

B. By filing a complaint directly with the court
C. By filling a complaint with the chief of Police in the
municipality
D. By filling a complaint with the fiscal for preliminary
investigation
6. Intervention of the offended party in the criminal action is not

allowed in the following instances EXCEPT:
A. when he has not waived the civil action
B. when he has file the civil action ahead of the criminal
C. when he has expressly reserved the right to institute
the civil action separately
D. when he has waived the civil action
7. The place of trial for a criminal action is cited

A. territory
B. action
C. jurisdiction
D. venue
8. The primary purpose of bail is

A. to protect the accused rights
B. to keep the accused in jail until trial
C. to punish the accused for the crime
D. to release the accused
9. The authority of the court to take cognizance of a case in the

first instance is known as:
A. original jurisdiction
B. appellate jurisdiction
C. general jurisdiction
D. delegated jurisdiction
10. "A" stabbed "B". "A" brought "B" to a hospital for medical
treatment.Had it not been the timely medical attendance. "B"
would have died.This is a case of
A. a physical injury
B. an attempted felony
C. a consummated felony
D. a frustrated felony
11. A person undergoing criminal investigation enjoys his three

constitutional rights such as
A. the right to oppose whatever the accusation on him
B. the right to plea guilty and not guilty
C. the right to oppose whatever accusation or him based on his
constitutional right
D. the right to remain silent, the right to counsel, the right to be
informed of the nature of the accusation
12. Evidence is admissible when it is relevant to the issue and is

not excluded by the rules on
A. Real evidence
B. Secondary evidence
C. Admissibility of evidence
D. Relevancy of evidence
13. What is the sworn written statement charging a person with an

offense, subscribed by the offended party, any peace officer or
other employee of the government or government institution in
change of the enforcement or execution of the law violated?
A. Deposition
B. Complaint
C. Police blotter
D. Information
14. Trial is allowed only after arraignment and the accused may waive
his right to appear at the trial except when his presence is
required for purposes of identification. This is the principle of trial
in __.
A. Substitution
B. Absentia
C. Re-assignment
D. Ordeal
15. A public officer or employee when NOT being authorized by

judicial order, shall enter a dwelling against the will of the owner
thereof is committing:
A. Legal entry
B. Violation of domicile
C. Illegal entry
D. Abatement
16. Intoxication when considered under the law is considered

A. Alternative Circumstance
B. Maladaptive Behavior
C. Delinquent act
D. Anti social Behavior
17. The adjudication by the court that the defendant is guilty or is

not guilty of the offense charged and the imposition of the
penalty provided by law on the defendant who pleads or is found
guilty thereof
A. judgment
B. false informant
C. information
D. admission
18. Is that which is not excluded by the law as tending to prove

a fact in issue
A. material evidence
B. relevant evidence
C. direct evidence
D. competent evidence
19. Any private person who shall enter the dwelling of another
against the will of the latter
A. none of these
B. trespassing to dwelling
C. light threats
D. usurpation
20. Are those acts and omissions committed not only by means of
deceit, but also by means of fault and are punishable by law.
A. Justifying circumstances
B. Felonies
C. Exempting circumstances
D. Attempted felony
21. Is committed whenever the offender commences the commission

of a crime directly by overt acts but does not perform all the acts
of execution which should produce the felony as a consequence
by reason of some cause or accident other than his own
spontaneous desistance.
A. Frustrated felony
B. Attempted felony
C. Consummated felony
D. Felony
22. Are those crimes committed against individuals, particularly

against their chastity, but which do not produce danger or
prejudice common to other members of society.
A. Private crimes
B. Public crimes
C. Felony
D. Infractions
23. Are those crimes committed against the society which produce
direct damage or prejudice common to all its members.
A. Private crimes
B. Public crimes
C. Felony
D. Infractions
24. One of the characteristics of criminal law, where penal laws do

not have retroactive effect, except in cases where they favor the
accused charged with felony and who are not habitual criminals.
A. Retrospective
B. General
C. Territorial
D. All of the foregoing
25. A theory underlying the system of our criminal law, of which

Rafael Garafalo and Enrico Ferri, including Dr. Cesare Lombroso,
were the greatest exponents, that crime is considered as
essentially asocial and natural phenomenon.
A. Juristic or classical theory
B. Positivist or realistic theory
C. Punitive theory
D. Non- punitive theory
26. It is the Latin term referring to "caught in the act" of performing a

crime.
A. Nullum Crimen
B. Dura lex sed lex
C. Ignorancia lex excusat
D. none of these
27. Any act committed or omitted in violation of a public law

forbidding or commanding it.
A. legal act
B. Crime
C. Poena
D. Punishment
28. A rule of conduct, just, obligatory, enacted by legitimate

authority for the common observance and benefit.
A. Regulation
B. City Ordinance
C. Law
D. Lawful Act
29. The Latin term POENA means:

A. Penalty
B. Pain
C. Punishment
D. Police
Answers: Criminal Jurisprudence

1. C
2. B
3. A
4. C
5. B
6. B
7. D
8. D
9. A
10. D
11. D
12. D
13. B
14. B
15. B
16. A
17. A
18. B
19. B
20. B
21. B
22. A
23. B
24. A
25. B
26. D
27. B
28. C
29. B

Criminal Law RPC (Book 1) : Juris Reviewer

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Criminal Law RPC (Book 1) : Juris Reviewer

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JURIS REVIEWER

Criminal Jurisprudence and Procedure is further subdivided into:

 fine paid to the government

Criminal law RPC (Book 1)

Characteristics of Criminal Law

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

Note: Consuls, Vice Consuls, and other foreign

Territorial - Penal laws of the Philippines are enforceable only

Prospective - The law does not have any retroactive effect.

Exception to the Exception:

Theories of Criminal Law

2. Positivist Theory - basis is the sum of social and economic

3. Mixed Theory - combination of the classical and positivist

Construction of Penal Laws

Limitations on Power of Congress to Enact Penal Laws

1. A Branch of municipal law which defines crimes, treats of

2. One of the following is not a characteristic of criminal law.

3. Criminal law is binding on all person who reside or sojourn

4. One of the characteristics of criminal law is generality. Which

5. One of the following person is not immune from Philippine

6. Penal laws of the Philippines are enforceable only within

7. One of the following is not an exceptions to the territorial

8. Criminal law does not have any retroactive effect. This

9. When the law is favorable to the accused, is an exception

10. A Theory of criminal law, Basis is man's free will to choose

1. Basis is the sum of social and economic phenomena which

2. In the construction of penal laws, it must be ______________

3. Which of the following is not a limitation on power of

4. The Revised Penal Code took effect on

5. What determines whether a vessel is a Philippine vessel for

6. Crimes committed aboard foreign vessel within the territorial

7. Crimes committed aboard a foreign vessel within the

8. For Offenses committed aboard foreign vessel committed in

9. Acts and omissions punishable by the RPC is known as

10. Acts and omissions punishable by any law is known as

. Failure to perform a duty required by law.

3. These Felonies are committed by means of deceit (dolo).

4. These Felonies are committed by means of fault.

5. This classification of felony has the following requisites,

6. This classification of felony has the following requisites:

7. Which of the following is not a characteristics of an offense

8. Which of the following is not a characteristic of an offense

9. Moving power which impels one to act.

10. Purpose to use a particular means to effect a result.

1. In Criminal Law, Error in Personae means

2. In Criminal Law, Abberatio Ictus means

3. In Criminal Law, Praetor Intentionem means

4. The cause which in the natural and continuous sequence,

5. Which of the following is not a requisites of an impossible

6. A Stage in the execution of felonies when all the elements

7. This Stage in the execution of felonies have the following

8. This Stage in the execution of felonies have the following

9. In the stages of execution of felonies, the element that all

10. Which of the following do not admit of frustrated and

1. Backbone of the police department.

2. Established the fist English police department, the London

4. A Chicago Police department superintendent, he introduced a one man

5. Required all men in a given town to serve on the night watch.

6. Ten tithings or 100 families under the charge of a constable.

7. Groups of hundreds within a specific geographic area.They were put under

9. Enacted in 1285 in England, it established a rudimentary criminal justice

10.He was responsible for organizing and supervising the watch

1. He assisted the justices of the peace by presiding the courts, ordering