ARC's RED TIPS 2022

CRIMINAL JURISPRUDENCE, PROCEDURE AND EVIDENCE

(EXCLUSIVE for ARC Reviewees)
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PART 1 -RUN ONS

CRIMINAL LAW & JURISPRUDENCE

1. “FRUIT OF THE POISONOUS TREE" is a doctrine in evidence which means that the evidence obtained is
INADMISSIBLE.

2. A case of at least two convictions and it is a form of plurality of crimes like reiteration, habitual delinquency; that
the first conviction must be final judgment and must take place prior to the second conviction, and the subsequent
conviction should be for an offense committed before the commission of the offense in the prior conviction. This is a
case of - RECIDIVISM

3. A disposition under which a defendant after conviction and sentence is released subject to the conditions imposed
by the Court subject to supervision is known as -PROBATION

4. A Filipino killed a Chinese on board the vessel bearing the flag of Mexico while the vessel was within the Philippine
territory. PHILIPPINE CRIMINAL LAW APPLIES.

5. A form of document which consists of an agreement without the intervention of a notary public: PRIVATE

6. A law enacted by Congress that imposes a penalty, other than the Revised Penal Code-SPECIAL PENAL LAWS.

7. A law which is unfavorable to the accused is UNCONSTITUTIONAL.

8. A person asks for advice on how to file a case of concubinage against his husband. Which of the following is allowed
in order to initiate the filing of the case of concubinage?

a. The case of concubinage can be initiated by complaint of offended spouse.

b. THE CASE OF CONCUBINAGE CAN ONLY BE INITIATED BY COMPLAINT OF OFFENDED SPOUSE.
c. None of this.
d. The case of concubinage is public offense, it can be initiated by police.

9. A person is about to commit a crime in your presence, as a police officer, what will you do to approximate course of
action to do considering the crime is not yet consummated? ARREST THE PERSON WITHOUT WARRANT

10.A person whenever, having knowledge of the commission of the crime, without having participated therein, takes
part subsequent to its commission, either by profiting themselves are assisting the offenders to profit by the effects of
the crime; by concealing or destroying the body of the crime or assisting the escape of the principal, is considered as-
ACCESSORIES

11. ABORTION TO CONCEAL DISHONOR: Liable - a. pregnant woman, b. parents of the pregnant woman or either
of them

12. ACCOMPLICE-those persons who, not being included in principals, cooperate in the execution of the offense by
PREVIOUS or SIMULTANEOUS ACTS.

13. Acknowledgment of guilt-JUDICIAL CONFESSION

14. Acts of DIRECT BRIBERY:

1. By agreeing to perform in consideration of a promise or gift an act constituting a crime.

2. By executing an act which does not constitute a crime in consideration of an offer or promie.
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 3. By refraining from doing something which is his official duty in consideration of a gift or promise.

NOTE: Not DIRECT BRIBERY: BY COERCING A PERSON TO GIVE A REWARD, MONEY OR ANYTHING IN
CONSIDERATION OF A CERTAIN REQUEST.

15. Admission made by a party regarding another case not subject of the trial is called EXTRA-JUDICIAL
ADMISSION.

16. Adultery can also be charged to a man WHO ENGAGES CARNAL KNOWLEDGE TO A WOMAN KNOWING
HER TO BE MARRIED.

17. ADULTERY: Important Things –

(1) Offenders: married woman and paramour (knowing her to be married);

(2) Offended party: husband;

(3) Violative act: married woman having sexual intercourse with her paramour;

(4) Marriage between husband and wife: legitimate;

(5) MUST: offended party- legally married to offender at time of criminal case;

(6) Offended party must be the offended spouse;

(7) Pilalpil vs. Ibay - Somera, 174 SCRA 653-Foreigner husband already got divorce in his country before start of
adultery proceedings: no more adultery;

(8) Marriage not necessarily valid; reason: “even if the marriage be subsequently declared void";

(9) Punishing adultery: reason - a. violation of vows, b. attack on family;

(10) How to prove carnal knowledge? a. direct evidence, b. circumstantial evidence;

(11) Per sexual intercourse = one crime of adultery;

(12) Essence of adultery: violation of marital vow;

(13) Gist of crime: danger of introducing spurious heirs in the family into family;

(14) Abandonment without justification by offended spouse - mitigating circumstance;

(15) Paramour to be liable - MUST have knowledge that the woman is married;

(16) In illicit affairs: married man & married woman -both can be charged and liable for concubinage and adultery;

(16) Effect of acquittal of one of offenders - NOT acquittal of other;

(17)Death of paramour-adultery against unfaithful wife continues;

(18) Death of offended party - a. before filing of complaint: no more case of adultery, b. after filing of complaint:
adultery case continues;

(19) Pardon by Offended Party-MUST: a. before filing of complaint, b. include both offenders;

(20) Sexual intercourse between offended husband and unfaithful wife (after husband learned of unfaithfulness of
wife) - implied pardon;

(21)Consent of Offended Party-ground for dismissal of adultery

18. After the arraignment and pre-trial, the accused did not appear to court anymore. Despite of due notice and warrant
of arrest, the accused failed to appear. Can the court continue the trial of the case? YES, THE COURT CAN
CONTINUE THE TRIAL THROUGH TRIAL IN ABSENTIA. NOTE: If the accused's absence was BEFORE
ARRAIGNMENT, the TRIAL CANNOT PROCEED.

19. After the search, the officer should do INVENTORY OF THE EVIDENCE SEIZED UNDER OATH.

20. Alternative Circumstances (Art. 15) - RIDiE: (1) Relationship,(2) Intoxication,(3) Degree of Instruction & (4)
Education

21. Among the persons who are criminally liable, those who take direct part in the execution of the act; who directly
force or induce another to commit it; and those who cooperate in the commission of the offense by another act without
which it would not have been accomplished are considered-PRINCIPALS

22. An admission made by a party in the course of the court proceeding of the case is called JUDICIAL ADMISSION.

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 23. An appeal shall be taken by the accused to the appropriate court or tribunal in the manner prescribed by law and
the rules within 15 DAYS FROM THE PROMULGATION OR NOTICE OF THE JUDGMENT.

(1) A competent court may validly exercise its criminal jurisdiction over a particular case only if it has acquired
jurisdiction over the SUBJECT MATTER.

(2) Acquired jurisdiction over the TERRITORY where the offense was committed.

(3) Acquired jurisdiction over the PERSON OF THE ACCUSED.

24. At the arraignment, the accused may be allowed by the trial court to plead guilty to a lesser offense which is
necessarily included in the offense charged with the prior express consent of THE PUBLIC PROSECUTOR AND THE
OFFENDED PARTY.

25. Can a judge issue a subpoena to require a witness to testify? YES SUBPOENA AD TESTIFICANDUM to testify;
SUBPOENA DUCES TECUM-to bring relevant documents

26. Cardo is a resident of Valenzuela, he committed a crime in Manila against Jake, a resident of Caloocan. Where
should the case be filed? MANILA

27. Carnal knowledge-COITUS or COITION

28. CONCUBINAGE: Important Things

(1) 3 ways of committing: a.1 keeping mistress in conjugal dwelling, b. sexual intercourse -a. under scandalous
circumstances, b. with woman not his wife, b. cohabiting with woman not his wife in any other place;

(2) Offenders: a. married man, b. woman with knowledge that man is married;

(3) Offended party: wife;

(4) Essence of concubinage: violation of marital vow;

(5) Concubinage unlike adultery: no spurious offspring brought into family;

(6) Sexual relations with woman other than his wife - NOT concubinage if not falling in any of 3 ways;

(7) Keeping a mistress in conjugal dwelling - taking by husband of his mistress into conjugal house and living
together conjugally;

(8) Scandalous circumstances - NOT necessary in keeping a mistress in the conjugal dwelling;

(9) MISTRESS -woman taken by accused into conjugal dwelling as CONCUBINE;

(10) CONJUGAL DWELLING-home of husband and wife even if wife happens to be temporarily absent on any
account;

(11) Mistress being kept elsewhere -scandalous circumstances: ELEMENT OF CRIME;

(12) Scandal - any reprehensible wod or deed that offends public conscience, redounds to the detriment of the feelings
of honest persons, and gives occasion to the neighbors' spiritual damage or ruin: 1.living in same room of house, 2.
appearing together in public, 3. performing acts in sight of community which give rise to criticism and general protest
among neighbors;

(13) Under scandalous circumstances- act of sexual intercourse which may be proved by circumstantial evidence

(14) Best witnesses to prove scandalous circumstances-people in the vicinity;

(15)When spies are employed, there is no evidence of scandalous circumstances;

(16) Cohabiting with a woman in any other place-scandalous circumstances: NOT necessary;

(17) COHABIT -to dwell together, in the manner of husband and wife, for some period oi time, as distinguished from
occasional, transient interviews for unlawful intercourse; cohabiting for a week, month, a year or longer

29. CONTINUED,CONTINUOUS or CONTINUING CRIME-a single crime, consisting of a series of acts but all arising
from one criminal resolution. Examples:

(1) A collector of a commerical firm misappropriates for his person use several amounts collected by him from different
persons.

(2) A thief who takes from the yard of a house two game roosters belonging to two different persons.

(3) Taking of six roosters from coop.

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 (4) While the inhabitants of a barrio were working in a sugar mill, seven armed persons, who had a general plan to
commit robbery against all those in the placed entered the mill and while two of the bandits guarded the people with
guns levelled at them, five of them ransacked the houses for their personal properties.

(5) The several acts of ransacking the different houses were not unconnected and entirely distinct from one another.

(6) The accused and his companion ran amok in the passengers' section of the upper deck of a motorboat. Eleven
persons were killed and twenty other persons were seriously wounded by him and his companion.

30. CRIME-violation of a penal law that forbids or command

31. Criminal Jurisdiction:

(1) JURISDICTION OVER THE SUBJECT MATTER;

(2) JURISDICTION OVER THE PERSON OF THE ACCUSED: and

(3)JURISDICTION OVER THE TERRITORY

32. Criminal law should be obligatory upon all persons residing within the state, subject to the principles of public
international law and treaty agreements. This refers to its characteristics called-GENERALITY

33. Curry deprived Paul of his liberty. Curry is a private individual. Paul is a government employee. The investigation
revealed that deprivation of liberty is without legal ground and the purpose of Curry is to bring Paul to proper
authorities. What is the crime committed by Curry? UNLAWFUL ARREST

34. Development of a Crime: I. INTERNAL ACTS- intent and plans; usually not punishable; II.EXTERNAL ACTS -
(1) PREPARATORY ACT -Acts tending toward the crime; (2) ACTS OF EXECUTION-acts directly connected to the
crime

35. DUPLICATE - counterpart produced by the same impression as the original, or from the same matrix, or by means
of photography including enlargement and miniatures, or by mechanical or electronic re-recording, or by chemical
reproduction or by other equivalent process or technique that accurately reproduce the original.

36. ELEMENTS OF ARBITRARY DETENTION (Art. 124): (1) That the offender is a public officer or employee; (2)
That he detains a person; and (3) That the detention is without legal grounds.

37. ELEMENTS OF ARBITRARY DETENTION (Art. 125): 1. That the offender is a public officer or employee; II.
That he has detained a person for some legal grounds; and III. That he fails to deliver such person to the proper
judicial authorities within: (1) 12hrs for offenses punishable by light penalties or their equivalent; (2) 18hrs for offenses
punishable by correctional penalties or their equivalent; or (3)36hrs for offenses punishable by afflictive penalties or
their equivalent

38. ELEMENTS OF ARBITRARY DETENTION (Art. 126): 1. That the offender is a public officer or employee; II.
That there is a judicial or executive order for the release of a prisoner or detention prisoner, or that there is a proceeding
upon a petition for the liberation of such person; and III. That the offender without good reason delays either:(1) The
service of the notice of such order to the prisoner;(2) The performance of such judicial or executive order for the
release of the prisoner; or (3) The proceedings upon a petititon for the release of such person.

39. ELEMENTS OF DYING DECLARATION: (1) That death is imminent and the declarant is conscious of that fact;
(2) That the declaration refers to the cause and the surrounding circumstances of such death;(3) That the declaration
relates to facts which the victimis competent to testify to; and (4) That the declaration is offered in a case wherein the
declarant's death is the subject of the inquiry.

40. ELEMENTS OF DYING DECLARATION:(1) That the declaration must concern the cause and surrounding
circumstances of the declarant's death; (2) That at the time the declaration was made, the declarant was under a
consciousness of an impending death;(3) That the declarant is competent as a witness; and (4) That the declaration
is offered in a criminal case for homicide, murder, or parricide, in which the declarant is a victim.

41. Elements of FRUSTRATED STAGE in the commission of the crime: 1. The offender performs all the acts of
execution; 2. All the acts performed would produce the felony as a consequence (belief of accused as to whether or
not he had performed all acts of execution is immaterial); 3. But the felony is not produced; and 4.By reason of causes
independent of the will of the perpetrator. NOTE: Not an element of frustrated felony: BY REASON OF SPONTANEOUS
DESISTANCE OF THE ACCUSED.

42. Euthanasia is also referred to as MERCY-KILLING.

43. Evidence addressed to the senses of the court which may be viewed or exhibited are considered OBJECT
EVIDENCE.

44. Evidence on this matter shall never be allowed except when it tends to establish probability of the facts in issue
COLLATERAL MATTER.

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 45. Evidence which aside from being relevant affects the issue in important and substantial matter. MATERIAL

46. Evidence which cannot be overcome or rebutted is known as CONCLUSIVE.

47. Evidence which is allowed to be introduced since it is not excluded by the rule or law is considered as COMPETENT.

48. Evidence which is sufficient to prove an issue unless overcome or rebutted by other evidence is called PRIMA-
FACIE.

49. Evidence, if it has such a relation to the fact in issue is considered Relevant. executive and judicial departments
of the Philippines, (7) the laws of nature, (8) the measure of time, and (9) the geographical divisions.

50. EXTRAJUDICIAL CONFESSION: when admissible - I. In writing, ll. Signed by person, III. Presence of - his
counsel, or (1) Parents,(2) Elder brothers & sisters, (3) His spouse, (4) Municipal mayor, (5) Municipal judge, (6) District
school supervisor, (7) Priest or minister

51. FACTUM PROBANDUM - ultimate fact to be proven, or the proposition to be established; REMEMBER THE U IN
PROBANDUM AND THE U IN ULTIMATE.

52. FACTUM PROBANS - evidentiary facts by which the factum probandum will be proved. REMEMBER THE SOUND
OF S IN PROBANS AND EVIDENCE.

53. For a matter to be taken JUDICIAL NOTICE of by the courts of law, it must be a SUBJECT OF COMMON and
GENERAL KNOWLEDGE.

54. G.R.: Complaint or Information - MUST charge 1 offense; E.R.: COMPLEX CRIME

55. GROUNDS FOR MOTION TO QUASH: (1) That the facts charged do not constitute an offense; (2) That the
court trying the case has no jurisdiction over the offense charged;(3) That the court trying the case has no jurisdiction
over the person of the accused; (4) That the officer who filed the information had no authority to do so; (5) That it
does not conform substantially to the prescribed form;(6) That more than one offense is charged except when a single
punishment for various offenses is prescribed by law;(7) That the criminal action or liability has been extinguished; (8)
That it contains averments which, if true, would constitute a legal excuse or justification; and (9) That the accused has
been previously convicted or acquitted of the offense charged, or the case against him was dismissed or otherwise
terminated without his express consent.

56. Hippolito killed Oligaryo, a twelve year old girl. What crime is committed by Hippolito? HOMICIDE

57. Homicide, with intent to kill, may be presumed through what evidence? Intent to kill is conclusively presumed when
DEATH results; evidence of intent to kill is important only in attempted or frustrated homicide. INTENT TO KILL is
usually shown by the KIND OF WEAPON used and the LOCATION, and NATURE OF THE WOUND.

58. How can successive penalty be applied? G.R.: When the culprit has to serve two or more penalties, he shall
serve them SIMULTANEOUSLY if the nature of the penalties will so permit. E.R.: If nature of penalties
will not permit SIMULTANEOUSLY, the penalties shall be executed SUCCESSIVELY: 1. Death, 2.Reclusion
perpetua, 3. Reclusion temporal, 4. Prision mayor, 5. Prisioncorreccional,6.Arresto mayor, 7. Arrestomenor, 8.
Destierro, 9. Perpetual absolute disqualification, 10 Temporal absolute disqualification. 11. Suspension from public
office, the right to vote and be voted for, the right to follow a profession or calling, and 12. Public censure.

59. How will you able to determine the testimony of the witness if the testimony will be hearsay? a. I will ask him what
is his relation to the party

b. I will ask him why he is in the vlcinity of the crime

c. I will ask him why he is willing to testify

d. I WILL ASK HIM IF HE HAS PERSONAL KNOWLEDGE

60. If a crime is committed on board a foreign merchant vessel while in a foreign port, save in cases covered by treaty
agreements, are subject to the jurisdiction of the local courts unless they affect only the vessel or those belonging to
her and do not involve the dignity of the host country or the tranquility of the latter's port, then, what rule should
apply? THEORY ON TERRITORIALITY (ENGLISH RULE)

61. If Lakas killed Ganda, his illegitimate less than 3 days old daughter, the crime comitted is INFANTICIDE.

62. If the accused is acquitted, can the complainant file an appeal? NO

63. If you are an investigator, how will you ask a witness in order for you to know whether or not his statement is
hearsay? Ask whether his statement is taken from his personal knowledge.

64. If you're a police officer, what is your advice if the offense is less than one year and the two parties are in
the same barangay? ADVICE TO SETTLE ONLY IN BARANGAY.

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 65. IGNORANTIA LEGIS NON EXCUSAT-ignorance of the law excuses no one; offender is liable; ABERRATIO
ICTUS - mistake in the blow; offender is liable; ERROR IN PERSONAE- mistake in identity; offender is liable;
MISTAKE OF FACT - a misapprehension fact which would have been true had the facts been as he believed them to
be.

66. In a fire incident, fireman breaks glass. Is he liable? NO

67. In all criminal cases, accused is presumed innocent. Thus, the prosecution has the burden of proof. Between the
accused and the prosecution, who should present the evidence first? PROSECUTION; except if the accused interposes
justifying or exempting circumstances. In which case, the DEFENSE should present the evidence first.

68. In all the criminal cases __________________ is the offended party: PEOPLE OF THE PHILIPPINES

69. In criminal law, what are the circumstances where those that have the effect of reducing the penalty because there
is diminution of any the elements of dolo or culpa, which makes the voluntary or because of the lesser perversity of
the offender? MITIGATING CIRCUMSTANCES

70. In criminal law, what are the circumstances wherein the acts of the person are in accordance with the law and,
hence, he incurs no criminal and civil liability? JUSTIFYING CIRCUMSTANCES

71. In criminal law, what are the circumstances which serve to increase the penalty without exceeding the maximum
provided by the law because of the greater perversity of the offender as by the motivating power of the commission
of the crime, the time and place of its commission, the means employed or the personal circumstances of the offender?
AGGRAVATING CIRCUMSTANCES

72. In its juridical sphere, it means by the suffering undergone, because of the action of the society, by one who
commits a crime, hence, it can only be imposed after conviction in a criminal action. What is being defined?
PUNISHMENT

73. In killing Isko, Kiko used the presence of four of his relatives to ensure that Isko cannot retaliate against him.
Which is the applicable modifying circumstance? AGGRAVATING

74. In the commission of the crime, the accused did not stop and spontaneously desisted until he executed all his acts
and did not produce the felony. The commission of the crime is in FRUSTRATED STAGE.

75. In the hearing of quasi-judicial bodies, evidence needed to establish a fact should be SUBSTANTIAL.

76. In THEFT, CORPUS DELICTI has two elements, namely: (1) that the PROPERTY WAS LOST BY THE OWNER,
and (2) that it was LOST BY FELONIOUS TAKING.

77. Instances when presence of accused is required by law: (1) at ARRAIGNMENT AND PLEA, whether of innocence
or of guilt;(2) during trial, whenever necessary for IDENTIFICATION PURPOSES; and (3) at the PROMULGATION
OF SENTENCE, unless it is for a light offense, in which case, the accused may appear by counsel or representative.

78. It is an order in which prosecutor and accused agreed to promote a fair and expeditious trial-PRE-TRIAL

79. It is committed by a public officer who shall agree to perform an act constituting a crime in connection with the
performance of his official functions in consideration of a gift, offer or promise? DIRECT BRIBERY

80. It is committed by givng a treasury or bank notes or any instrument payable to bearer or order the appearance of
a true and genuine document. FORGERY

81. It is considered as the most reliable type of evidence because it cannot lie: OBJECT EVIDENCE

82. It is one for which the law imposes a single punishment for various offenses. It is committed in either of two ways;
when a single act constitutes two or more grave or less grave offenses; or when an offense is a necessary means for
committing another. This is referred to as-COMPLEX CRIME

83. It is one where the purpose of the offender in performing an act is NOT CERTAIN: INDETERMINATE OFFENSE

84. It is one, which, under the law existing at the time of its commission and at the time of the application to be
admitted to bail, may be punished by death, although a lower penalty than death maybe imposed after conviction. This
is referred to as - CAPITAL OFFENSE

85. Jurisdiction of Municipal Trial Court-(1) Exclusive original jurisdiction over all violations of city or
municipal ordinances committed within their respective territorial jurisdiction; (2) Exclusive original jurisdiction over
all offenses punishable with imprisonment not exceeding 6 years, regardless of the fine or other accessory penalties
and civil liability;(3) Offenses involving damage to property through criminal negligence; (4) In cases where the only
penalty provided by law is a fine, it has exclusive jurisdiction over offenses punishable by a fine not exceeding P4000;
(5) In election offenses, cases involving failure to register or failure to vote; and (6) Special jurisdiction to hear and
decide petitioners for a writ of habeas corpus or application for bail in the province or city where the RTC judge is
absent

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 86. Kiko is charged of a crime in violation of RA 9262. What is the nature of the crime committed by Kiko? MALA
PROHIBITA

87. Kiko killed Leni by also ensuring that Leni cannot retaliate or cause harm against him. Which is the applicable
modifying circumstance? AGGRAVATING

88. Killing a minor less than 12 years old: HOMICIDE; it is the killing of the child of tender years that makes the killing
MURDER (Reyes, The Revised Penal Code, 16th Ed., 2006, p. 471; citing People v. Valerio, Jr., No. L-4116, February
25,1982,112 SCRA 231);child of tender years - below 7 years old (The second paragraph of Article 213 of the Family
Code)

89. Lakas killed his illegitimate child less than 12 years old. What crime is committed by Lakas? PARRICIDE

90. Law controls social actions. What do you call those crimes committed against the society, which produce direct
damage or prejudice common to all its members. PUBLIC CRIMES

91. Limitations of the power of Congress to enact penal laws: (1) NO EX POST FACTO LAW,(2) NO BILL OF
ATTAINDER,(3) EXCESSIVE FINES OR UNUSUAL PUNISHMENTS,(4) LAW MUST BE GENERAL IN
APPLICATION

92. Literally means to "produce the body" is a court order demanding that a public official (such as a warden) deliver
an imprisoned individual to the court and show a valid reason for that person's detention-WRIT OF HABEAS CORPUS

93. Meaning of CORPUS DELICTI - (1) body or substance of the offense; (2) the actual commission of the
crime charged; (3) the substance of the crime; (4) the fact that a crime has actually been committed.

94. Models, maps, charts and demonstrations, under the rules of evidence, are considered. DEMONSTRATIVE
EVIDENCE

95. Mother selling a cellphone stolen by son: ACCESSORIES (profiting from the effects of the crime)

96. Offenses of serious character in their effect on society as to call for the practically unanimous condemnation of its
members are considered-MALA IN SE

97.Offer of Evidence:(1) TESTIMONIAL EVIDENCE-at the time the witness is called to testify.(2) DOCUMENTARY
EVIDENCE-after the presentation of a party's testimonial evidence; (3) OBJECT EVIDENCE -after the presentation
of a party's testimonial evidence

98. One of the following situation, to be appreciated as mitigating, it must be made to a person in authority or his
agent; it may be present if after the issuance of a warrant of arrest, but before actual arrest is made. VOLUNTARY
SURRENDER

99. ORDER OF EXAMINATION - (1) Direct examination by the proponent, (2) Cross-examination by the
opponent, (3) Re-direct examination by the proponent, (4) Re-cross examination by the opponent

100. ORDER OF PRESENTATION OF EVIDENCE-(1) Presentation of Evidence in Chief by the Plaintiff, (2)
Presentation of Evidence in Chief by the Defendant, (3) Presentation of Rebuttal Evidence by the Plaintiff, (4)
Presentation of Sur rebuttal Evidence by the Defendant

101. Original Document: (1) The original of the document is one the contents of which are the subject of inquiry.
(2) When a document is in two or more copies executed at or about the same time, with identical contents, all
such copies are equally regarded as originals. (3) When an entry is repeated in the regular course of business,
one being copied from another at or near the time of the transaction, all the entries are likewise equally regarded as
originals.

102. Our criminal law may be applied EXTRATERRITORIALLY which simply means that OUR CRIMINAL LAW MAY
BE APPLICABLE EVEN OUTSIDE OF OUR TERRITORY.

103. Penal laws do not have retroactive effect, except in cases where they favor the accused charged with felony and
who are not habitual criminals. This refers to its characteristic called-IRRETROSPECTIVITY OR PROSPECTIVITY

104. Piracy in Art. 122 of the RPC can be committed ON HIGH SEAS AND PHILIPPINE WATERS; with the passage
of PD 532, the application of Art. 122 is now confined to HIGH SEAS.

105. Piracy under Art. 122 of RPC: committed in Philippine waters and High Seas; offender: OUTSIDER of the vessel;
NOTE: By PD 532, piracy under Art. 122 of RPC is applicable on the HIGH SEAS.

106. Police Staff Sergeant Ace entered the house of another. There is no signage expressly prohibiting the entry
thereto. Police Officer Ace entered the house surreptitiously. He may be liable for the crime of violation of domicile if
the owner of the house discovered him and REQUIRED HIM TO LEAVE BUT HE REFUSED TO DO SO.

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 107. Police Staff Sergeant Juan Tamad and company were patrolling. They saw Marco, drunk and walking in a zigzag
manner. They called him up whereupon Marco ran away. They pursued him and applied stop and frisk. They found a
weapon. Is the stop and frisk valid? YES

108. PRAETER INTENTIONEM-injurious result is greater than that intended; lack of intention to commit so grave a
wrong

109. Prescribed period for the filing of case against the suspect who was arrested without warrant: (1) twelve (12)
hours, for crimes or offenses punishable by light penalties, or their equivalent; (2) eighteen (18) hours, for crimes or
offenses punishable by correctional penalties, or their equivalent and (3) thirty-six (36) hours, for crimes, or offenses
punishable by afflictive or capital penalties, or their equivalent.

110. Prescription of crime of less grave felony-10 YEARS

111. PRE-TRIAL-mandatory in criminal cases: Sandiganbayan, RTC, MTC, MTCC, MCTC; when: after arraignment &
within 30 days from the date the court acquires jurisdiction over the person of the accused

112. PRIVATE CRIMES-crimes which cannot be prosecuted without the complaint filed by private offended party:

l. ADULTERY & CONCUBINAGE-complaint by the offended spouse against both guilty parties if both are alive,
provided there was no prior consent or pardon;

Il. Acts of Lasciviousness & Abduction-complaint is both exclusive and successive: (1) victim or offended
party, (2) parent, (3) grandparent, (4) guardian, (5) state as parens patriae

113. PROSECUTOR - appears for the offended party in criminal cases

114. Public Officer or Employee: Salary Grade 27-under the jurisdiction of SANDIGANBAYAN

115. REBUTTAL EVIDENCE- EVIDENCE produced by a party to oppose or disprove the evidence presented by
his/her opponent is referred to as "REBUTTAL EVIDENCE" or "REBUTTING EVIDENCE EVIDENCE offered to
disprove or contradict the EVIDENCE presented by an opposing party.

116. Refers to something that requires no evidence to be presented in court-JUDICIAL NOTICE:(1) existence and
territorial extent of states, (2) their political history, forms of government and symbols of nationality, (3) the law of
nations, (4) the law of nations,(5)the political constitution and history of the Philippines,(6) the official acts of legislative,

117. RELEVANT EVIDENCE - related to the issue by reason of common sense or logic

118. SECONDARY EVIDENCE -Order of Presentation: (1) copy of original, (2) recital of contents of document in
some authentic document, (3) testimony of witnesses

119. Sources of Criminal Law: 1. ORDINANCE, 2. SPECIAL PENAL LAWS, 3. REVISED PENAL CODE; NOTE:
RESOLUTION is not a source of criminal law.
120. Sources of criminal law: a. Special Penal Law, b. Ordinances, c. Revised Penal Code; note: RESOLUTION-not
included

121. Special Complex Crime of Robbery with Homicide-“BY REASON OR ON OCCASION OF ROBBERY, THE
CRIME OF HOMICIDE SHALL HAVE BEEN COMMITTED."

122. SUBJECT MATTER OF PRE-TRIAL: (1) plea bargaining; (2) stipulation of facts; (3) marking for identification
of evidence of the parties; (4) waiver of objections to admissibility of evidence; (5) modification of the order of trial if
the accused admits the charge but interposes a lawful defense; and (6) such matters as will promote a fair and
expeditious trial of the criminal and civil aspects of the case.

123. SUBJECT MATTER OF PRE-TRIAL: 1. plea bargaining; 2. stipulation of facts; 3. marking for identification of
evidence of the parties; 4. waiver of objections to admissibility of evidence; 5. modification of the order of trial if the
accused admits the charge but interposes a lawful defense; and 6. such other matters as will promote a fair and
expeditious trial of the criminal and civil aspects of the case.

124. SURREBUTTAL EVIDENCE - the response to the rebuttal evidence.

125. Testimonial evidence must be based on PERSONAL KNOWLEDGE.

126. Testimony of child witness may be ADMISSIBLE IF THE CHILD IS SHOWN TO BE A COMPETENT WITNESS.

127. The accessory penalty provided by law when the principal penalty imposed upon the offender for the commission
of a crime is more than twelve years imprisonment is referred to as - CIVIL INTERDICTION

128. The accused was charged in a case that happened a long time ago. Despite knowledge or discovery of the said
case, the complainant recently filed the case. What remedy should the accused do in order to move for the dismissal
of the case filed against him? THAT THE CRIMINAL ACTION OR LIABILITY HAS BEEN EXTINGUISHED.

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 129. The act or omission punishable by the Revised Penal Code is a FELONY.

130. The act, declaration or omission of a party as to a relevant fact may be given in evidence against him -
ADMISSION

131. The applicability of penal laws subjecting a person to punishment crimes committed within the Philippine territory,
extending to the twelve-mile limits from the headlands refers to its -TERRITORIALITY

132. The citizen intellectual or emotionally favor the enemy and harbors sympathies or connections disloyal to his
country's policy of interest is a crime known as -ADHERENCE TO THE ENEMY

133. The declaration of an accused acknowledging his guilt of the offense charged, or of any offense necessary included
therein, may be given in evidence against him-CONFESSION

134. The execution of warrant of arrest shall be made by the arresting officer WITHIN 10 DAYS FROM RECEIPT
OF THE WARRANT.

135. The legal method prescribed by law for the apprehension and prosecution of a person who committed an offense
and his punishment in case of conviction is called CRIMINAL PROCEDURE.

136. The mercy extended by the Chief Executive to a person sentenced for an offense whereby the personal effects of
the penalty are suspended subject to certain condition is called-CONDITIONAL PARDON

137. The new and independent act which is the immediate cause of the injury and which breaks the connection between
the original wrong and the injury is referred to as the EFFICIENT INTERVENING CAUSE.

138. The original of a photograph presented as a documentary evidence is called NEGATIVE.

139. The prosecution of criminal action either commenced by complaint or by information shall be under the direction
and control of the PUBLIC PROSECUTOR.

140. The taking of a virgin over twelve years and under eighteen years of age, carried out with her consent and with
lewd designs -CONSENTED ABDUCTION

141. The validity of a search warrant expires AFTER 10 DAYS FROM DATE OF ISSUE.

142. The violations of laws are committed against an individual, but which do not produce danger or prejudice common
to other members of society are called-PRIVATE CRIMES

143. This case may arise where the criminal action is suspended instead until the termination of the civil or
administrative proceeding; that it must be determinative of the case before the court; and jurisdiction to try the case
must be lodged in another tribunal. Which among the following is being asked? PREJUDICIAL QUESTION

44. This signifies the ways and means devised by a peace officer to apprehend a person who has committed a crime;
with our without the said devise or means and devise, the crime has already been committed. This refers to-
ENTRAPMENT

145. Those acts and omissions committed not only by means of deceit, but also by means of fault and are punishable
by law are called-FELONIES

146. Those evidence obtained in violation of a person's constitutional rights are called by the rule on evidence as
EXCLUSIONARY RULE.

147. Those wherein there is an absence in the agent of the crime, any of all the conditions that would make an act
voluntary and although there is no criminal liability, there is civil liability. EXEMPTING CIRCUMSTANCES

148. Those which are either aggravating or mitigating according to the nature and effects of the crime and other
conditions attending its commission are called -ALTERNATIVE CIRCUMSTANCES

149. To be considered a conspirator in a criminal case, the following are true: 1. CAN ONLY BE CONSPIRATOR IF HE
PARTICIPATED IN THE EXECUTION OF THE PLAN.2.NEED NOT EVEN KNOW THE EXACT PART TO BE PERFORMED BY
THE OTHERS. 3. NEED NOT PARTICIPATE IN EVERY DETAIL OF THE EXECUTION. NOTE: Not TRUE: NEED NOT EVEN
TAKE PART IN EVERY ACT.

150. To be liable for violation for gambling games, one must TAKE PART IN GAMBLING, DIRECTLY OR
INDIRECTLY.

151. Tony, a convicted person deprived of liberty, along with other PDLs escaped because of confusion brought about
by the riot that happened inside Muntinlupa Correctional Institution. Tony did not participate in the said riot. Because
of the riot and the escape of hardened prisoners, the President declared a national emergency Did Tony commit a
crime, if any? NOT YET. HE IS LIABLE IF HE FAILS TO RETURN WITH 48 HOURS WHEN THE PRESIDENT
DECLARES THAT THE NATIONAL EMERGENCY IS OVER.

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 152. Under the law, an offense involving violation of RA 9165, is within the exclusive jurisdiction of the REGIONAL
TRIAL COURT.

153. Under the rules of court, photocopies signed individually are referred considered Duplicate.

154. Under the rules of court, when is the instance when the defense may be able to present its surrebuttal? After the
prosecution has presented the REBUTTAL EVIDENCE.

155. Under the Rules on Criminal Procedure, the two-witness rule in effecting a search warrant applies only IN THE
ABSENCE OF THE LAWFUL OCCUPANT OF THE HOUSE OR ANY MEMBER OF HIS FAMILY.

156. Under the rules on evidence, in ordinary course of business, one being copied from the other act or near the time
of transaction is considered ORIGINAL.

157. Under what circumstances a search warrant may not be served? DURING NIGHT TIME.

158. Under what theory of criminal law carries the system that crime is considered as essentially asocial and natural
phenomenon and as such cannot be treated and checked by the application of abstract principle of law and
jurisprudence, nor by the imposition of a punishment, but rather through the enforcement of individual measures?
POSITIVIST OR REALISTIC THEORY

159. Validity of Search Warrant -10 days. After which: POLICE OFFICER SHOULD MAKE A RETURN TO THE
JUDGE WHO ISSUED IT.

160. Violation of a penal law that forbids or commands it-CRIME

161. What are called infractions of rules of convenience designed to secure a more orderly regulation of the affairs of
society? MALA PROHIBITA

162. What are the requisites of BIGAMY? (1) the offender has been legally married; (2) the marriage has not been
legally dissolved or, in case his or her spouse is absent, the absent spouse could not yet be presumed dead according
to the Civil Code; (3) that he contracts a second or subsequent marriage; and (4) that the second or subsequent
marriage has all the essential requisites for validity.

163. What crime is committed if one breached his or her allegiance, which is the obligation of the fidelity and obedience
ones owes to the government, or sovereign under which he lives, in return the protection he or she receives? TREASON

164. What is being determined on the basis of the damages sustained by the injured party and also those suffered by
his family or by third persons, and are generally granted to cases of crimes against persons? INDEMNIFICATION

165. What is called the forfeiture or loss of the right of the state to prosecute the offender after the lapse of a certain
time fixed by law? PRESCRIPTION OF CRIME

166. What is called the loss of forfeiture of the right of the government to execute the final sentence after the lapse of
a certain time fixed by law? PRESCRIPTION OF PENALTY

167. What is evidence which is obtained legally? COMPETENT EVIDENCE

168. What is granted in connection of crimes against property, and is limited to prejudice that the injured party suffered?
REPARATION

169. What is known as the means of ascertaining in a judicial proceeding the truth regarding a matter of fact?
EVIDENCE

170. What is the crime committed by one who, on the occasion of a war in which the Government is not involved,
violates any of the regulation issued by competent authority for the purpose of enforcing neutrality? VIOLATION OF
NEUTRALITY

171. What is the crime committed when any public officer or employee who, not being thereunto authorized by law,
shall expel any person from the Philippine Island or shall compel such person to change his residency? EXPULSION

172. What is the kind of evidence that is given by a person of specialized knowledge? EXPERT

173. What is the kind of Executive Clemency that wipes away the guilt of the convicted person, subject to three
limitations to be executed by the President? PARDON

174. What is the kind of Executive Clemency whereby the execution of penalty is suspended? REPRIEVE

175. What is the PHASE in the commission of the crime where the person did not stop the commission of the crime
because of spontaneous desistance or because of the presence of the police until he performs all the acts of execution
but does not produce the felony? OBJECTIVE PHASE

176. What is the process so that the prosecutor may be able to determine whether or not to prepare an information or
complaint? PRELIMINARY INVESTIGATION
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 177. What is the rule that states that no evidence shall be admissible other than the original document? BEST
EVIDENCE RULE

178. What is this justifying circumstance wherein the accused, in maing the defense, must not be induced by revenge
or ill motive? DEFENSE OF STRANGER

179. What kind of aggravating circumstances is present when a person commits any of the crimes against person,
employing such means, methods or forms in the execution thereof which tend directly and specially to ensure its
execution, without risk to himself arising from the defense which the offended party might make? TREACHERY

180. What kind of aggravating circumstances must be essential that the offender be previously punished, that is, he
has served the sentence for an offense in which the law attaches, or provides for an equal or greater penalty than that
attached by law to the second offense, or for two or more offenses, in which the law attaches a lighter penalty?
HABITUAL or REITERATION

181. What kind of crime is committed by a person who performs an act which would be an offense against persons or
property, where it not for the inherent impossibility of its accomplishment or on account of the employment of
inadequate or ineffectual means? IMPOSSIBLE CRIME

182. What kind of evidence is given by a witness who states that he does not know whether a fact did or did not occur?
NEGATIVE

183. What law that established the Katarungang Pambarangay? PD 1508

184. What right will the accused invoke if the question is directly tackling on why he committed the crime? RIGHT TO
REMAIN SILENT

185. What rule applies with respect to the jurisdiction to try crimes committed on board of foreign vessels while found
within another country's territorial boundaries, do not affect the tranquility, peace and security of such State, or when
its safety is not endangered, these offenses are triable in the courts of the country represented by the flag of such
foreign vessel? NATIONALITY THEORY (FRENCH RULE)

186. What situation takes place when a peace officer induces a person to commit a crime; without the inducement,
the crime would not be committed? INSTIGATION

187. When a Filipino killed a Chinese on board a vessel bearing the flag of Mexico while the vessel is in Philippine
waters or territory, may the criminal law of the Philippines apply? YES, BECAUSE THE KILLING HAPPENED
WITHIN THE PHILIPPINE WATERS OR TERRITORY.

188. When can there be a special complex crime of robbery with homicide? “WHEN BY REASON OR ON OCCASION
OF THE ROBBERY, THE CRIME OF HOMICIDE SHALL HAVE BEEN COMMITTED.".

189. WHEN EVIDENCE OF AUTHENTICITY OF PRIVATE DOCUMENT NOT NECESSARY (ANCIENT

DOCUMENT). -(1) is more than 30 years old; (2) is produced from custody in which it would naturally be found if
genuine; and (3) is unblemished by any alteration or by any circumstance of suspicion.

190. When should the search warrant be executed? If possible, it should be executed during the DAYTIME. But
in certain cases, such as when the THINGS SEIZED ARE MOBILE or ARE IN THE PERSON OF THE ACCUSED, it
can be served during NIGHTTIME.

191. When the court has the jurisdiction over the person of the accused, he shall be set on ARRAIGNMENT.

192. When the criminal law appears to be capable of being given to interpretations which seem to favor or against the
accused, such law shall BE INTERPRETED IN FAVOR OF THE ACCUSED.

193. When the freedom of action is absent: EXEMPTING

194. When the killing of a person is attended by circumstances stated under Article 248 of Revised Penal Code, it is
MURDER.

195. When the object of the movement is completely to overthrow and supersede the existing government, this is
REBELLION.

196. When the offender performs all the acts of execution from which the intended crime actually result, the stage of
criminal action is with in its-CONSUMMATED FELONY

197. When the offender performs all the acts of execution which would produce the felony as a consequence but which,
nevertheless, do not produce it by reason of causes independent of the will of the perpetrator, the stage of the criminal
action is with in its-FRUSTRATED FELONY

198. When the penalty imposed by the court upon an offender is reduced to a lighter one, it is called -COMMUTATION
OF SENTENCE

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 199. 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, the stage of the criminal action is with in its - ATTEMPTED FELONY

200. Which of the following public officers cannot be liable of the crime arbitrary detention? a. agent of the person in
authority, b. CHIEF OF FINANCE OF THE CITY, c. the person in authority, d. jail officer

201. "Stand ground when in the right" The person attacked must retreat but must fight back when
caught by his aggressor.

202. 1. MUTINY: Passengers or crew members of vessel 2.PIRACY Strangers of vessel

203. A helped B to commit crime of theft. Without A, crime would not have been committed. A- PRINCIPAL BY
INDISPENSABLE COOPERATION

204. a. Single crime. b. Series of acts. c. Arising from single criminal resolution-CONTINUING CRIME

205. ABORTION: offender- MATERNAL GRANDPARENTS given MITIGATING CIRCUMSTANCES. Reason for
Abortion: CONCEALMENT OF DISHONOR

206. ABSOLUTORY CAUSE. Same effect with EXEMPTING: Ex. MISTAKE OF FACT

207. ACCESSORY: 1st Type can be charged also for violation of ANTI-FENCING

208. Accused did not enter any PLEA. COURT enters plea of "NOT GUILTY" for him/her.

209. ACT-NOT essentially wrong by nature - MALA PROHIBITA

210. Aggravating circumstance that APPLIES TO ALL CRIMES-GENERIC AGGRAVATING

211. Allegation in COMPLAINT/INFORMATION: PLACE where offense was committed determines the VENUE.

212. Amendment of Complaint or Information - with leave of court EVEN BEFORE ARRAIGNMENT. 1.
Downgrades offense-higher to lower offense; 2. Excludes any accused

213. ANCIENT DOCUMENTS-more than 30 yrs old; authentication not necessary

214. Arraignment-accused REFUSES to enter PLEA.PLEA OF NOT GUILTY

215. Art.125-Delay in the delivery of the detained person to propel judicial authorities -meaning: FAILURE TO FILE
CASE WITHIN PRESCRIBED PERIOD: 12-18-36; 3 days in terrorism

216. Authentication of private document NOT required-More than 30 yrs old

217. Authorized to conduct PI. THING TO REMEMBER: only PROSECUTOR or PROSECUTORIAL BODY-
ALLOWED TO CONDUCT PI

218. Bail, when discretionary - upon conviction by the RTC of offense not punishable by death, reclusion perpetua,
or life imprisonment.

219. Bail, a matter of right; exception (1) before or after conviction MTC, & (2) before conviction by the
RTC an offense not punishable by death, reclusion perpetua, or life imprisonment.

220. BARANGAY CHAIRMAN detains WITHOUT LEGAL GROUND (strong suspicion only) a person. BARANGAY
CHAIRMAN: liable for ARBITRARY DETENTION

221. Being DEAF & DUMB is NOT aggravating circumstance; it is MITIGATING CIRCUMSTANCE.

222. BEST EVIDENCE RULE - To prove CONTENTS of document, ORIGINAL must be presented.

223. BEST EVIDENCE RULE-What evidence is to be submitted; ORIGINAL DOCUMENT

224. BILL OF ATTAINDER -punishment without trial

225. Cannot issue WA. FISCAL or PROSECUTOR

226. Characteristics of Criminal Law - applies to ALL persons... GENERALITY

227. COMMON LAW CRIMES-body of principles, usages and rules of action, which do not rest for their authority
upon any express and positive declaration of the will of the legislature.

228. Complaint or Information may be filed without PRELIMINARY INVESTIGATION if - There is INQUEST
INVESTIGATION or PROCEEDINGS

229. COMPLEX CRIME-(1) compound crime- when a single act constitutes 2 or more grave or less grave felonies;
(2) complex proper-when an offense is a necessary means of committing the other.

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 230. Conducts preliminary investigation on PUBLIC OFFICERS and EMPLOYEES-OFFICE OF OMBUDSMAN

231. CONSPIRACY: inferred from acts of accused persons themselves when such acts point to: a. joint purpose and
design, b. concerted action, and c. community of INTERESTS.

232. Cooperates in EXECUTION of OFFENSE by SIMULTANEOUS or PREVIOUS acts-ACCOMPLICE

233. CORPUS DELICTI -1. BODY OF PERSON WHO IS A VICTIM OF HOMICIDE OR MURDER; 2. BODY OR
SUBSTANCE OF THE CRIME

234. CRIME - on board US WARSHIP in Philippine waters. THE PHILIPPINE CRIMINAL LAW SHALL NOT BE
APPLICABLE.

235. CRIME-outside Philippine territory; NOT triable in Philippines -Reason: TERRITORIAL in CHARACTER

236. Crime of Carnapping: Where filed? In place where any of its initial elements are committed

237. CRIME: commission of 1. ACT Or 2. OMISSION

238. Criminal Law-applicable for violation outside of Philippine territory; EXTRATERRITORIALITY

239. CRIMINAL LAWS-construed liberally in favor of the accused -Principle Behind -THE ACCUSED IS PRESUMED
INNOCENT UNTIL PROVEN GUILTY

240. DEV'T OF CRIME -NOT PUNISHABLE -1.INTERNAL ACTS TO COMMIT CRIME; 2. MOTIVATING ACTS TO
COMMIT CRIME

241. DISPUTABLE PRESUMPTION-PRESUMPTION JURIS TANTUM

242. DOUBLE JEOPARDY -peril in which a person is placed when he is regularly charged with a crime before a
tribunal properly organized and competent to try him; concept of criminal law that a person may not be convicted twice
of the same offense.

243. DYING DECLARATION- ante mortem statements made by person after mortal wound has been inflicted under
belief that death is certain, stating fact concerning cause of and circumstances surrounding attack.

244. ELEMENTS OF DYING DECLARATION: EXCEPT THE DECLARATION IS IN CONNECTION WITH STARTLING
OCCURRENCE OR EQUIVOCAL ACTIONS

245. Elements of Perjury - (1) accused made statement under oath or executed affidavit upon material matter; (2)
statement or affidavit -made before competent officer, authorized to receive & administer oath; (3) in statement or
affidavit - accused made willful & deliberate assertion of falsehood; (4) sworn statement or affidavit containing falsity
is required by law or made for a legal purpose.

246. Elements of RES GESTAE-(1)STARTLING OCCURRENCE,(2) statement-RELATING TO CIRCUMSTANCES

of startling occurrence, (3)statement-SPONTANEOUS

247. EVIDENCE- means sanctioned by the Rules of Court of ascertaining in a judicial proceeding the truth respecting
a matter of fact.

248. Evidence proving the same point but of diffeRent kind-coRRoborative EVIDENCE

249. EXTRA-JUDICIAL CONFESSION - confession made out of court, and not as a part of a judicial examination
or investigation. Such a confession must be corroborated by some other proof of the corpus delicti, or else it is
insufficient to warrant a conviction.

250. Filipino killed Chinese on board vessel bearing flag of Mexico while vessel in Philippine waters. PHILIPPINE
CRIMINAL LAW APPLICABLE

251. GENERAL WARRANT - a warrant providing a law-enforcement officer with BROAD DISCRETION or
AUTHORITY to search and seize unspecified places or persons. It lacks a sufficiently particularized description of the
person or thing to be seized or the place to be searched.

252. GROUNDS FOR MOTION TO QUASH-(1) facts charged don't constitute an offensel; (2) court - no jurisdiction
over the offense & person of the accused; (3) officer filing information - no authority to do so;(4) complaint/information
- not conforming substantially with prescribed form; (5) more than 1 offense is charged; (6) criminal action/liability-
extinguished; (7) averments-legal excuse or justifications; (8) double jeopardy

253. HABITUAL DELINQUENCY LAW: longer confinement of offender protects SOCIETY.

254. Highest in Hierarchy of Evidence-REAL EVIDENCE

255. If a person is validly arrested, the court has jurisdiction over the accused.

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 256. If offenders are completely wanting in DISCERNMENT at the time of the commission of the offense, they are
EXEMPTED.

257. ILLEGAL DISCHARGE OF FIREARMS-if firearm (being pointed at any person) is discharged but there is no
intent to kill.

258. Impeachable Testimony of Witness, EXCEPT - EVIDENCE OF WITNESS WRONGFUL ACTS-1.General

reputation of witness for truth, honesty or integrity is bad, 2. Witness has made at other times
statements inconsistent with his present testimony, 3. Contradictory evidence

259. IMPRUDENCE & NEGLIGENCE. Are they considered as crime? YES

260. In Manila & CHARTERED CITIES: filing of complaint with the Office of the PROSECUTOR.

261. INDEPENDENT RELEVANT EVIDENCE - Admitted in Court. Reason: TO SHOW THAT A CERTAIN FACT
OCCURRED, WHETHER TRUE OR NOT

262. INDIRECT BRIBERY.RECEIVES CONSIDERATION BECAUSE OF HIS OFFICE

263. Indispensable (cannot do without) in MALA IN SE-INTENT

264. INSANITY & IMBECILITY-EXEMPTING CIRCUMSTANCES

265. Intellectual Property - Republic Act 8293

266. Jurisdiction over the SUBJECT MATTER is CONFERRED BY LAW.

267. KILLING-with intent to kill; shooting person BELIEVING HIM TO BE HIS TARGET but actually killing another.
ERROR IN PERSONAE

268. LAW-declares person guilty of criminal law WITHOUT BENEFIT OF DUE TRIAL/HEARING.BILL OF ATTAINDER

269. LAW-increases penalty than law of same crime when it was committed-EX POST FACTO LAW

270. Legislative Acts: prohibit certain acts & establish penalties for their violation-PENAL LAWS

271. Mala In Se - wrong in its very nature; usually punished in RPC; intent is essential; Mala Prohibita - becomes
wrong because of law prohibiting it; usually punished in Special Law; intent is not needed

272. Means of Committing Robbery-(1) Violence Against or Intimidation of Persons (VAIP), (2) Force Upon
Things (FUT)

273. MISAPPROPRIATION-OFFENDER-public officer or private person; NATURE OF FUND-public. MALVERSATION

274. Misprision of Treason - by nature constitutes as OMISSION

275. Mock Serenade-CHARIVARI: ALARMS & SCANDALS

276. MOTION TO QUASH: alleged defect in complaint or information. COURT shall order its AMENDMENT.

277. MOTIVE is NOT ELEMENT OF FELONIES

278. MOTIVE.IMPORTANT -evidence on commission of crime is purely CIRCUMSTANTIAL or INCONCLUSIVE

279. Name of Clerk of Court is not considered in determining SUFFICIENCY OF INFORMATION.

280. Nature of court martial proceedings. SUI GENERIS

281. NO APPEAL-judgment of conviction becomes final after 15 DAYS FROM ITS PROMULGATION.

282. NO Preliminary Investigation-LESS THAN 4yrs-2mos-1day

283. NOT ELEMENT OF FRUSTRATED STAGE. SPONTANEOUS DESISTANCE

284. NOT essentially wrong by nature, but declared criminal for regulatory purposes and for public convenience. MALA
PROHIBITA

285. NOT Justifying Circumstance - ACCIDENT: 1. Self-Defense, 2. Defense of Relative, 3. Defense of

Stranger, 4. Avoidance of Greater Evil or Injury, 5. Fulfillment of Duty/lawful exercise of right or office,
6. Obedience to order issued by superior for some lawful purpose

286. NOT legal ground for detention - lllegal Aliens: 1. Has committed crime, 2. Suffering from violent
insanity, 3.Compulsory confinement to hospital

287. Not requisite of DYING DECLARATION - STARTLING OCCURRENCE

288. Offender-parent; victim- child less than 3 days old-INFANTICIDE

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 289. Offender - parent; victim - child less than 3 days old. INFANTICIDE

290. Offer of Compromise in Criminal Cases -G.R.: Offer of Compromise by the Accused -Implied Admission of
Guilt; E.R. Offer of Compromise by the Accused- Not implied Admission of Guilt - (1) quasi-offenses (criminal
negligence), (2) those allowed by law to be compromised

291. One of ESSENTIAL ELEMENTS OF INFANTICIDE -LESS than 3 DAYS OLD

292. One who habitually associates with prostitutes is NOT included in the term VAGRANTS.

293. PARDON by Chief Executive EXTENDS ONLY TO CRIMINAL LIABILITY

294. Parricide - (1) spouses - relationship must be LEGITIMATE, (2) parent vs. child -relationship: LEGITIMATE or
ILLEGITIMATE, (3) grandparent vs. child-relationship must be LEGITIMATE.

295. Penal law-ALWAYS prospective in its application -FALSE: may also be given retroactive effect if (1)
favorable to accused, (2)| accused-not habitual delinquent

296. Penalty of Crime-exceeds 6 yrs; PROVISIONAL DISMISSAL PERMANENT AFTER 2 YRS FROM ISSUANCE
OF ORDER OF COURT

297. Penalty of Crime: 6 yrs &1 day IMPRISONMENT; Disqualified for PROBATION

298. Penalty: CAPITAL OFFENSE-GRAVE FELONY

299. Person- being detained NOT EXCEEDING 3 DAYS: SLIGHT DETENTION. Offender-PRIVATE INDIVIDUAL

300. PIRACY - triable anywhere in world - YES, SINCE PIRACY IS CONSIDERED A CRIME AGAINST HUMANITY

301. PLEA-BARGAINING-complainant NOT present-NOT VALID -even if complainant is duly notified & even if
offense is necessarily included in crime charge.

302. Plurality of Crime a. CONTINUED CRIME b. TRANSITORY CRIME C.SPECIAL COMPLEX CRIME

303. PO1 Palautog entered the house of Balbahotog even with the signage of “Don't Mind the Dog, but Beware of the
Owner" and without consent. VIOLATION OF DOMICILE; if entenry is in hot pursuit operation -PO1 Palautog: NOT
LIABLE; if Palautog is private individual - TRESPASS TO DWELLING; if PO1 has already entered (not against the
will of the owner), searched without consent-VIOLATION OF DOMICILE

304. Police Officer forgot the environment and circumstances regarding the arrest during trial: MAY BE ALLOWED
BY THE COURT TO READ NOTES OR MEMORANDUM

305. POSITIVISTIC/REALISTIC THEORY: penalty to be imposed on convict. for the purpose of REFORMING OR
REHABILITATION of the convict

306. Preliminary Investigation determines PROBABLE CAUSE.

307. Prescription of Crime: LIFE IMPRISONMENT-20 yrs

308. Prescription of Crimes: CORRECTIONAL PENALTIES-10 YEARS

309. PRESUMPTION-CONCLUSIVE PRESUMPTION-PRESUMPTION JURIS ET DE JURE; DISPUTABLE

PRESUMPTION-PRESUMPTION JURIS TANTUM

310. PRE-TRIAL CONFERENCE in criminal cases: MANDATORY; purpose: to EXPEDITE proceedings (trial)

311. Proof Beyond Reasonable Doubt-DEGREES OF PROOF THAT PRODUCES CONVICTION IN AN

UNPREJUDICED MIND.

312. Prosecutor-WORK OUT in disposition of case; ACCUSED: pleads guilty to lesser offense in exchange for
lighter penalty. PLEA. BARGAINING

313. Public Documents-(1) The written official acts, or records of the official acts of the sovereign authority, official
bodies and tribunals, and public officers, whether of the Philippines, or of a foreign country;(2) Documents
acknowledged before a notary public except last wills and testaments, and c. Public records, kept in the Philippines, of
private documents required by law to be entered therein.

314. Public Officer: FAILURE to do act he/she ought to PERFORM-NONFEASANCE

315. Quantum of Proof: Conviction in criminal case. PROOF BEYOND REASONABLE DOUBT

316. Republic Act 4200 punishes WIRE-TAPPING.

317. RESTRAINING to prosecute IN CONSIDERATION OF PRICE OR GIFT; CRIME involved - punishable by Reclusion
Perpetua and/or Death. QUALIFIED BRIBERY

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 318. Retroactivity of Criminal Law. 1. Favorable to accused; 2. Accused-NOT habitual offender

319. RIGHT TO APPEAL.STATUTORY RIGHT

320. Right to PRELIMINARY INVESTIGATION-SUBSTANTIVE RIGHT

321. Rights of Accused, EXCEPT-ALLOW CONFERENCE OR VISITS BY ANY MEMBER OF HIS IMMEDIATE
FAMILY, ETC.-1.TO TESTIFY AS A WITNESS IN HIS OWN BEHALF, 2.TO BE PRESENT AND DEFEND IN
PERSON & BY COUNSEL AT ALL TIMES, 3. TO BE PRESUMED INNOCENT UNTIL PROVEN GUILTY

322. Search warrants issued by courts of law ALWAYS issued in the name of PEOPLE OF THE PHILIPPINES.

323. SEXUAL ASSAULT.OBJECT OR INSTRUMENT that was inserted PART OF THE BODY where it was
inserted.

324. SIMILAR ACTS AS EVIDENCE.EVIDENCE OF PREVIOUS CONDUCT RULE

325. Solemn & formal declaration or assertion that witness will tell the truth-AFFIRMATION

326. SPONTANEOUS DESISTANCE - NOT an element of frustrated crime.

327. Statement of Declarant: a. relates to surrounding circumstances of his death, b. exemption to hearsay rule DYING
DECLARATION

328. SUBJECT TO AGREEMENT by BOTH PARTIES in CIVIL CASE but NOT in CRIMINAL CASES.JURISDICTION

329. Testimony of Child of Tender Age Admitted IF qualification of child as a witness is established

330. The accessory under the RPC, par. 1, may be charged also for violation of ANTI-FENCING

331. The written record of court proceedings -TRANSCRIPT OF RECORDS

332. Types of Conspiracy - (1) Conspiracy to Commit a Felony -punished only upon a law providing punishment:
remember TRICSM; (2) Conspiracy as a Means of Incurring Criminal Liability-not a felony in itself but as a way
to determine the degree of participation of offender. NOTE: TRICSM - Treason, Rebellion, Insurrection, Coup d'etat,
Sedition, and Monopolies and Combinations in Restraint of Trade

333. WEIGHT OF EVIDENCE: State's evidence is equal with the evidence of accused. Case shall be resolved in favor
of ACCUSED.

334. Who are accessories to the crime? Those who take part SUBSEQUENT to its commission.

335. Who is not AUTHORIZED to conduct PRELIMINARY INVESTIGATION? JUDGES

336. Written Agreement. PAROL EVIDENCE RULE Factum Probandum -Ultimate Fact; Factum Probans-Evidentiary
Fact (Evidence) NOTE: S in probans sounds alike with evidence.

SITUATION: Alden committed crime against CARDO. CARDO wants to file a case against ALDEN. CARDO wanted to
find out which proper office should the case be filed.

337. Crime committed by ALDEN-Prision Mayor; committed in Metro Manila-Filed: OFFICE OF CITY PROSECUTOR
FOR PRELIMINARY INVESTIGATION

338. Crime committed by ALDEN - 4 yrs, 2 mos; committed in Metro Manila-Filed: OFFICE OF CITY PROSECUTOR

339. Crime committed by ALDEN-4 yrs, 2 mos; committed in Province-MUNICIPAL TRIAL COURT

340. Crime committed by ALDEN -NOT exceeding 1 yr & no warrantless arrest-BARANGAY FOR CONCILIATION
PROCEEDINGS

341. Crime committed by ALDEN - NOT exceeding 1 yr & warrantless arrest was made-MUNICIPAL TRIAL COURT

SITUATION: LEA, daughter of AMOR.LEA has in her possession the cellphone of YAYADUB

342. LEA actually stole cellphone of YAYADUB; AMOR- sold it knowing it to be stolen-ACCESSORY

343. LEA found cellphone but did not return it to owner; Amor sold the same knowing it to be unreturned lost cellphone
-ACCESSORY

344. AMOR burned cellphone so there will be no evidence of theft. -ACCESSORY

345. LEA stole cellphone; AMOR, auntie of LEA, sold cellphone to TIDORA.ACCESSORY

346. Criminal Liability of TIDORA-LIABLE: ANTI-FENCING LAW

SITUATION: ADOR entered the house of EDUARDO. EDUARDO objected to the entry of ADOR.

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 347. ADOR-police officer; DOOR - “no entry;” ADOR entered house. VIOLATION OF DOMICILE

348. ADOR-police officer; running after suspect criminal; entered house without consent of EDUARDO. NOT LIABLE
for any crime as he is in the performance of his duty

349. ADOR- private person; entered house without consent - LIABLE FOR TRESPASS TO DWELLING

350. ADOR - police officer; entered house through open door; Eduardo saw him. Eduardo busy watching boxing in TV;
ignored entry of ADOR-NOT CRIMINALLY LIABLE for ANY CRIME.

351. ADOR-police officer; Eduardo fully aware but ignored ADOR; ADOR-look for papers & effects without EDUARDO's
consent-LIABLE for violation of domicile because he searched without consent of EDUARDO

SITUATION: CARDO -investigator; ALDEN- suspect. PASTILLAS-victim with stab wounds. CRIME committed-theorized
to be HOMICIDE.

352. Evidence gathered by CARDO - .38 cal. found in crime scene. ADMISSIBILITY OF.38 Cal.: NOT ADMISSIBLE FOR
BEING IRRELEVANT

353. Evidence gathered by CARDO-kitchen knife. ADMISSIBILITY OF KITCHEN KNIFE: ADMISSIBLE AS IT

ISRELEVANT

354. Evidence gathered by CARDO-.38 cal. & duly registered. CARDO gathered evidence to prove that same was
unlawfully possessed by ALDEN-ADMISSIBLE AS IT IS MATERIAL

355. Evidence gathered by CARDO-ADMISSION voluntarily given by ALDEN during investigation. CARDO not informing
of his rights before questioning. NOT ADMISSIBLE FOR BEING INCOMPETENT

356. Evidence gathered by CARDO-ID card of ALDEN left at crime scene.-ADMISSIBILITY OF ID CARD:
ADMISSIBLE AS IT WILL HELP ESTABLISH IDENTITY OF SUSPECT

357. Can file complaint-(a) offended party, (b) peace officer, (c) public officer (law enforcer)

358. Elements of Malicious Mischief: (a) offender DELIBERATELY caused damage to property of another; (b)
damage caused did not constitute arson or crimes involving destruction; & (c) The damage was caused MALICIOUSLY
by the offender.

359. Elements of Homicide:(a) person is killed; (b) accused killed him without any justifying circumstances; (c) accused
HAD the INTENTION TO KILL, which is presumed; & (d) killing was not attended by any of qualifying circumstances
of murder, or by that of parricide or infanticide.

360. JUDICIAL NOTICE: facts already known or ought by judges; cognizance of matters - without need of introducing
evidence; matters as facts - no evidence of their existence

361. Rebellion -not crime against national security by PUBLIC ORDER

362. Elements of Malicious Mischief: Always remember that it is intentional. Look for word: deliberately. The word
INADVERTENTLY is highly inconsistent with the crime of MALICIOUS MISCHIEF. Inadvertently means WITHOUT
KNOWLEDGE OR INTENTION. Malicious means MARKED BY DEEP ILL WILL; DELIBERATELY HARMFUL.

363. FORGERY-CRIMES AGAINST PUBLIC INTEREST: not crime committed by public officers

364. For search to be considered as an incident of the arrest, it must be made at the place where the: ARREST WAS
EFFECTED

365. When evidence is presented to vary the terms of a written agreement, there is the application of the __________
evidence rule: PAROL

366. DOCUMENTARY EVIDENCE: Documents as evidence consist of writings or any material containing letters,
words, numbers, figures, symbols or other modes of written expressions offered as proof of their contents.

367. BEST EVIDENCE RULE: about CONTENTS of documents

368. Parol Evidence Rule: about AGREEMENT in writing

369. Rights of Witness does not include RIGHT TO REMAIN SILENT.

370. Accessory (helping escape of principal) to INFANTICIDE: not punishable

Accessory referred to here refers to person who harbors, conceals, or assists in escape of principals of crime of:
PMATH-PARRICIDE,MURDER, ATTEMPT TO TAKE THE LIFE OF THE CHIEF EXECUTIVE,TREASON,
HABITUALLY GUILTY OF SOME OTHER CRIMES

371. FALSIFICATION is not a private crime; may be prosecuted by persons other than offended party

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 372. Questions allowed to be asked to witness who is unwilling to testify: LEADING; LEADING QUESTIONS are
allowed of an unwilling or hostile witness. (Sec. 10{d}, Rule 132, RRE); HOSTILE WITNESS: one who testifies on a
material matter unfavorable to the party who calls him; ADVERSE WITNESS: one called by or associated with the
opposing party.

373. Science involving technical knowledge about traces of crime is known as: FORENSIC SCIENCE

374. Coup d' etat: R.A.6968

375. MOVEMENT OF THE OFFENDER IS RESTRICTED: not aggravating circumstance

376. SANDIGANBAYAN: co-equal to Court of Appeals

377. PREMATURE MARRIAGE: not crime against honor

378. THINGS TO BE USED FOR ESCAPING: not included among 'properties may be taken by the officer effecting
the arrest

379. SEXUAL HARASSMENT (REPUBLIC ACT NO.7877): not. crime against chastity.

380. COHABITING WITH ANOTHER: not element of BIGAMY

381. In matters of form, after the accused has pleaded, amendment of the complaint or information shall be: WITH
LEAVE OF COURT

382. Corroborative - of different kind -key word: DIFFERENT; Cumulative-of the same kind-key word: SAME

383. Evidence is given by written instruments are said to be: DOCUMENTARY

384. Characteristic of criminal law that states that penal law binds all persons residing or sojourning in territory:
GENERALITY

385. NAME OF THE CLERK OF COURT: NOT required to be stated in order that complaint or information may be
sufficient

386. R.A.8049: Anti-Hazing Law

387. In case of corporations, the criminal action is instituted or filed against: OFFICERS OF THE CORPORATION

388. Actual commission of crime charged is known in criminal law as: EXECUTION

389. Effect of institution of criminal action on period of prescription: INTERRUPTED

390. JUDGES OF THE MTC: Cannot conduct preliminary investigation

391. Judgment of the MTC under the rule on summary procedure shall: BE

392. Rule based on spontaneity of statement: RES GESTAE

393. If falsification of a genuine document is committed in order to commit estafa, the proper crime for which the
person should be charged is: FALSIFICATION

394. If A shot B with intent to kill him but without hitting him, then desisted from firing again, he is: LIABLE FOR AN
ATTEMPTED FELONY.

395. Illness that diminishes the exercise of will power: NOT AN AGGRAVATING CIRCUMSTANCE BUT
MITIGATING.

396. The method fixed by law for the apprehension and prosecution of one who is charged with a criminal offense and
for his punishment if found guilty is: CRIMINAL PROCEDURE

397. Physical activities or deeds indicating the intention to commit a particular crime is known as: OVERT ACTS

398. FULFILLMENT OF DUTY: NOT mitigating circumstance but justifying circumstance

399. PENALTY: Suffering undergone by one who commits a crime

400. Snatching is characterized by: VIOLENCE OF PERSONS

401. NOT an element of misprision of treason: The offender IS A FOREIGNER

402. No complaint involving any matter within the lupon shall be filed directly in court unless there has been a
CONFRONTATION between parties before the lupon or pangkat.

403. The criminal action shall be instituted and tried in the court of the territory where the offense was COMMITTED.

404. When the owner forcibly ejects his lessee for his apartment unit, he is: LIABLE FOR GRAVE COERCION

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 405. Under RPC, illegal associations are those which are organized for purposes: COMMITTING ANY OF CRIMES
PUNISHABLE UNDER RPC OR FOR SOME PURPOSE CONTRARY TO PUBLIC MORALS.

406. A person who fails to render assistance to someone he has accidentally wounded or injured is liable for:
ABANDONMENT

407. HEARING THE DECISION: Not purpose of Pre-Trial

408. Evidence of collateral facts or circumstances from which inference may be drawn as to the probability or
improbability of the facts in dispute is: CIRCUMSTANTIAL

409. Possession of goods, articles, items or anything of value which has been object of thievery, or robbery is PRIMA
FACIE evidence of fencing.

410. Imputing to innocent person the commission of a crime constitutes: INCRIMINATORY MACHINATION

411. Testimony of witness-did not see suspect committing crime: NEGATIVE.

412. NO DAMAGE IS CAUSED TO A THIRD PARTY: NOT element of infidelity in custody of official documents

413. When do crimes punishable by arresto mayor prescribe? FIVE

414. DELAYING DETENTION: not kind of arbitrary detention

415. When are documentary evidences objected to? UPON THEIR FORMAL OFFER

416. When the law punishes the crime with a penalty that in its maximum period is CORRECTIONAL, there exists
what we call less grave felonies.

417. In attempted felony, the offender never passes the SUBJECTIVE phase of the offense.

418. Slight physical injuries, a light offense, prescribes in TWO MONTHS.

419. To prove beyond reasonable doubt the essential elements of the offense with which the accused is charged is on
the PROSECUTION

420. If a duplicitous complaint or information is filed, the remedy of the accused is to file a motion to: QUASH

421. After recording the proceedings of a trial, the stenographer can make a TRANSCRIPT thereof.

422. By CONSPIRACY& PARTICIPATION, one may be liable for the act of the other.

423. Stop and frisk: included in allowable search and seizure without warrant. MANALILI V. COURT OF APPEALS
- 280 SCRA 400

424.HOMICIDE & ILLEGAL POSSESSION OF FIREARMS: Not correct charge.

425. R.A.8294: lllegal Possession of Firearms

426. For search to be considered incident of the arrest, it should be made at the place where the: ARREST WAS
EFFECTED

427. NAME OF THE COURT: Not included in requirement of complaint or information.

428. THE ORIGINAL DOCUMENT IS AVAILABLE IF OFFEROR PRODUCES IT: Not a requisite for presentation
of secondary evidence.

429. Prosecutor receiving sum of money in return for refraining to prosecute crime where imposable penalty is Reclusion
Perpetua: QUALIFIED BRIBERY

430. Bail is a matter of discretion UPON CONVICTION BY RTC OF OFFENSE NOT PUNISHABLE BY
DEATH,RECLUSION PERPETUA,OR LIFE IMPRISONMENT

431. The quality of evidence necessary for a court to affirm a decision of an administrative body. It is more popularly
known as substantial evidence: QUANTUM OF EVIDENCE

432. The robbers enter the house. Upon entering through the window, one of the robbers stepped on and killed a child
less than 3 days old. The crime is: ROBBERY WITH HOMICIDE

433. The existence of a valid prejudicial question may cause the suspension of the TRIAL

434. What is the law on lethal injection? RA 8177

435. Revised Penal Code took effect on JANUARY 1, 1932

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 436. It is committed by any person who, on the high seas shall attack or seize a vessel or, not being a member of its
complement nor a passenger, shall seize whole or part of the cargo of said vessel, its equipment or personal belongings
of its compliment or passengers: PIRACY

437. If a person possessed items, goods or anything of value and was derived from robbery or thievery. It is a n
indication of PRIMA FACIE of FENCING.

438. BP 22 not a continuing crime.

439. What kind of evidence is given by a witness which states that he did not see/know whether a crime was committed?
NEGATIVE

440. The law creating Dangerous Drug Board in the Philippines is: RA 6425

441. The motion for leave of court to file demurer to evidence shall be filed within 5 days.

442. The Anti-Wiretapping Law: RA 4200

443. ABORTION: not physical injury

444. Those kind of evidence addressed to the senses of the tribunal: REAL

445. This is record made by the stenographer: TRANSCRIPT

446. Evidence of the same kind and character which tend to prove the same proposition. This kind of evidence is called:
CUMULATIVE

447.It is an object, testimony, document and any of its kind sanctioned by the Rules of Court, of ascertaining to a
judicial proceeding the truth respecting the matter of fact: EVIDENCE

448. This kind of evidence tends to the probability or improbability of the fact in issue: RELEVA

449. What is the Law on Plunder Act? RA 7080

450. This prove the fact in issue without aid or inference: DIREC EVIDENCE

451. If the material or paper is offered only to prove its existence, it is: REAL

452. The written confession of the accused, affidavits of witness who have seen or having knowledge in the commission
of the killing DIRECT EVIDENCE

453. The law on Anti - highway Robbery and Anti - Piracy: PD 532

454. Can any person, arrest the person who evades his sentence in prison? YES. BY CITIZEN ARREST.

455. SECURED PERMISSION: not trespassing

456. Those who are not included as principal either by direct inducement, or indispensable cooperation, cooperate in
the execution of the crime by previous or simultaneous means ACCOMPLICES

457. Those who having knowledge of the commission of offense and without having participated as principal or
accomplices ACCESSORIES

458. Kinds of aggravating circumstances which change the nature o an offense: QUALIFYING

459. What is the quantum of evidence in determining the guilt of the accused in criminal offense is: PROOF BEYOND
REASONABLE DOUBT

460. A buried the corpse of B who was killed by his friend Y. And because of that it took time for the authorities to
discover the crime. What was the participation of A in the crime? ACCESSORIES

461. It is an arrest that may be undertaken where the peace officer while on patrol, heard burst of gunfire; and
thus proceed to investigate the matter: WARRANTLESS ARREST

462. How long the time that warrant of arrest is valid? REMAIN VALID AND EFFECTIVE UNTIL IT IS EXECUTED
OR RETURNED, QUASHED, LIFTED, SET ASIDE OR RECALLED.

463. If the husband killed the paramour of his wife, what is the penalty to be imposed? RECLUSION TEMPORAL

464. RUFFIANS: not vagrant

465. What is the law on intellectual Property Crime? RA 8293

466. Best Evidence Rule is applicable only on: DOCUMENTARY

467. The RULE is, the BEST EVIDENCE is the ORIGINAL WRITING. This is called as: BEST EVIDENCE RULE

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 468. This shall be in writing, in the name of the People of the Philippines and against all persons who appear to be
responsible for the offense involved: COMPLAINT or INFORMATION

469. This an written accusation filed by the prosecutor in court: INFORMATION

470. A sworn written statement charging a person with an offense subscribed by the offended party, any peace officer,
or public officer charge of the law violated: COMPLAINT

471. When the offender perform all the acts of execution which would produce the felony as a consequence but which,
nevertheless, do not produce it by reason of causes independent in the will of the perpetrator: FRUSTRATED FELONY

472. Those felonies which the law attaches the capital punishment which in any of their periods are afflictive: GRAVE

473. A is having long time rivalry with B. One day when A had a vacation in their province, B took opportunity of going
to the Nipa hut of A and he destroyed it. After damaging the Nipa hut of A, he carried the wood, post and the other
materials and brought it to his home and later thought how the can be of use in his house. In this illustration, what
was the crime committed by B? THEFT

474. What if B destroyed the Nipa Hut of A by burning it for purpose of defrauding or cause damage to A? ARSON

475. Malicious Mischief is: WILLFUL DAMAGING OF ANOTHER'S PROPERTY FOR THE SAKE OF CAUSING
DAMAGE DUE TO HATE, OR OTHER EVIL MOTIVE.

476. Within how many days from receipt should a warrant of arrest be executed? 10 DAYS

477. A suspected arsonist was caught. Evidence showed that he poured gasoline under the house of another and was
about to strike the match to set the house on fire when he was apprehended: ATTEMPTED ARSON

478. A person sentenced to destierro shall not be permitted to enter the place designated nor within the radius of LESS
THAN 250 BUT MORE THAN 25 KM from the place designated.

479. A police officer performs his duty which ought not be done: MALFEASANCE

480. A was spurned or dejected by B, a woman. C, is the landlady of the boarding house where B lived. C happened
to be relative of A. One day A talked to C, and C gave the duplicate key to A. A with a duplicate key opened the room
of B and then and there raped B. In this illustration, A is-PRINCIPAL DIRECT PARTICIPATION

481.-What is the participation C? PRINCIPAL BY INDISPENSABLE COOPERATION

482. ACCESSORIES: not liable in light felonies

483. Who is offended party in the crime of intentional abortion? FETUS WHICH MAY BE OVER OR LESS THAN 6
MONTHS

484. Firing a gun against a house of the offended party at random, not knowing in what part of the house the people
inside were, is only: ALARMS AND SCANDAL

485. Which of the following acts punished in serious physical injury? ADMINISTERING INJURIOUS SUBSTANCES

486. If any person found a lost property, fail to deliver to the local authorities or to its owner is: THEFT

487. It is a legal remedy whereby a party seeks for a review by a superior court the judgement rendered by the trial
court: APPEAL

488. A person can be searched even without search warrant if is done after a lawful: WARRANTLESS ARREST

489. How many days that Preliminary Investigation is to be completed? 60 DAYS

490. “Animo lucrandi" means: INTENT TO GAIN

491. Period of arraignment: 30 DAYS from date of jurisdiction over person of accused

492. Change nature of crime: QUALIFYING

493. RPC: ACT 3815

494. SUPREME COURT DECISION not source of criminal law

495. Demurrer to evidence: INSUFFICIENCY OF EVIDENCE

496. INFANTICIDE: time element is important

497. ALTERNATIVE CIRCUMSTANCES: Considers nature & effects of crime

498. JUSTIFYING: No Criminal &Civil Liability

499. Composition of syndicate: at least 2 persons

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 500. Crime of result: TERRORISM

501. Force upon things if not to EEFECT ENTRANCE: THEFT

502. Group of two or more persons collaborating confederating, or mutually aiding one another for purposes of gain in
the commission of any crime: SYNDICATE

503. Serious physical Injury is qualified if it is committed: WITH TREACHERY OR EVIDENT PREMEDITATION

504. Correctional penalties prescribe in: 10 YEARS

505. The crime of libel is prescribes in: 1 YEAR

506. Improper performance of an act which might be lawfully done: MISFEASANCE

507. Battered Woman Syndrome: JUSTIFYING CIRCUMSTANCES

508. It is a definite and actual purpose to accomplish a particular goal. It is not presumed. Its existence as a matter of
fact, must be proved by the state: SPECIFIC INTENT

509. Liable for Qualified Seduction: BROTHER WHO SEDUCED A 30 YEAR OLD SISTER WHO IS A WIDOW.

510. Killing of a child EXACTLY 3 DAYS OLD is: MURDER

511. Within how many days from receipt should a warrant of arrest be executed? 10

512. ILLEGAL USE OF UNIFORMS: not crime against public order

513. Prince, a civilian, noticed a heavy traffic in Claro M.Recto Road. To ease the traffic, he started blowing his whistle
and directed the flow of traffic. Freddie, a taxi driver ignored his stop sign. Prince approached the taxi driver's license.
Prince is liable for what crimne? USURPATION OF OFFICIAL FUNCTION

514. X and Y are lovers. Their parents opposed their relationship because they are close relatives. X and Y were
desperately in love with each other. They decided to kill themselves and prove to their parents that they love each
other until death do they part. Armed with gun, X and Y shot each other. Y died but X survived. X is liable for: GIVING
ASSISTANCE TO SUICIDE

515. ARSON: Place of crime necessary to be established.

516. CARTOGRAPHY: Not means to commit libel

517. Prohibitions under the new Drugs law, RA 9165: (1) NO PLEA BARGAINING,(2) NO PROBATION

518. DWELLING: crime committed in dwelling of offended party

519. DEATH: Totally extinguished criminal liability

520. More than three armed malefactors participate in the commission of a crime: BAND

521. A, B, C, and D, all armed with firearms went to X's house to kill him. After having pinpointed X's room, all four
fired their armalite rifles and riddled the house of X with bullets it so happened that X did not go home that night A, B,
C, and D are liable for: IMPOSSIBLE CRIME

522. Not accessory penalty: PUBLIC CENSURE

523. SERIOUS PHYSICAL INJURY: if penis unintentionally cut off; MUTILATION: if penis intentionally cut off.

524. Carnapping qualified when the owner, driver or passenger of the car is: KILLED or RAPE

525. MALTREATMENT OF PRISONERS: overdoing in correction/handling of prisoner/detention of prisoner

526. Essence of "coercion" is: VIOLENCE OR INTIMIDATION

527. Under the law, children ages 16-17 are not criminally liable unless they: ACTED WITH DISCERNMENT

528. Defense of prescription of crime NOT be waived.

529. Lopping or clipping off some essential organ for reproduction: CASTRATION

530. Falsification requires DAMAGE

531. Fundamental Laws of the State: VIOLATION OF DOMICILE

532. The required number of years of habitual delinquency: 10 years

533. Ascendant vs Descendant- if illegitimate relationship: killing is NOT PARRICIDE; if legitimate relationship: killing
is PARRICIDE.

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 534. Accessory takes part subsequent to THE CRIME.

535. Latin aliunde means “ANOTHER SOURCE AND OUTSIDE..."

536. Husband having sexual intercourse with a woman not his wife: CONCUBINAGE

537. Branch of government that enacts penal law: THE LEGISLATIVE

538. Law that prohibits imposition of death penalty in Philippines: R.A.9346

539. As a witness during trial, you failed to understand question, what will you do? REQUEST TO REPEAT THE
QUESTION

540. Law that authorizes re-imposition of death penalty in the Philippines in 1993:R.A.7659

541. Ocular inspection without notice: NOT VALID

542. Who decide during the inquest proceeding? PROSECUTOR

543. If homicide or murder is committed with the use of an unlicensed firearm: UNLICENSED FIREARM-
AGGRAVATING CIRCUMSTANCE

544. Law that provides for aggravating circumstance in use of unlicensed firearm in crime of homicide or murder:
R.A.8294

545. Commutation of sentence and reduction of penalty is issued by CHIEF EXECUTIVE.

546. Elements of libel: (1) EXISTENCE OF MALICE; (2) IDENTITY OF THE PERSON DEFAMED; (3)
IMPUTATION OF A DISCREDITABLE ACT OR CONDITION TO ANOTHER;(4)PUBLICATION OF THE
IMPUTATION

547. The arresting officer NEED NOT HAVE the WARRANT in his possession AT THE TIME OF THE ARREST.

548. In criminal cases, the place or venue where the crime is committed is the place where the case is filed:
JURISDICTION

549. During piracy, rape was also committed: QUALIFIED PIRACY

550. Basis of GCTA: BEHAVIOR

551. Special complex crime of KIDNAPPING WITH RAPE: regardless of how many times rape is committed.

552. MTC, MCTC, RTC, Court Appeals and Supreme Court: REGULAR COURT

553. Evidence cannot be waived after conviction and even: APPEAL

554. May the right to present evidence be waived? YES

555. Not necessary in Special Law: INTENT

556. Reading in court in language known to accused accusation lodge against him is called ARRAIGNMENT.

557. Effect of self-defense to the killing: THERE IS NO CRIMINAL AND CIVIL LIABILITY.

558. Between reclusion temporal and prison correctional: PRISION MAYOR

559. A person who has the authority to protect life and property and maintain peace and order is known as AGENT
OF THE PERSON IN AUTHORITY.

560. Infanticide: LESS THAN 3 DAYS

561. How many witnesses needed in the crime of treason? 2

562. Taking of SEMEN, URINE, SALIVA, BLOOD, ETC. NOT VIOLATION OF RIGHT AGAINST SELF-
INCRIMINATION.

563. Buy bust Operation can be utilized in DRUG CRIMES

564. Other term of the Anti-Highway Robbery Law: BRIGANDAGE

565. When more than three armed persons form band of robbers for purpose of committing robbery in highway, or
kidnapping persons for purpose of extortion or to obtain ransom or for any other purpose to be attained by means of
force and violence: BRIGANDS

566. Subject matter of inquiry is contents of document: BEST EVIDENCE RULE

567. Testimony generally confined to personal knowledge: TESTIMONIAL KNOWLEDGE

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 568. Aggravating circumstance which has reference to means and ways employed in commission of crime:
TREACHERY

569. Due process: opportunity to be HEARD

570. Is there an instance where an accessory exempted from criminal liability? YES

571. In the absence of the judge, the branch clerk of court may hear simple case of unjust vexation: NO

572. In child abuse cases, is hearsay rule applicable in court? YES; NOTE: If it is the child that testifies about an act
of child abuse, HEARSAY RULE will not apply. (Reference: A.M. NO.004-07-SC-RULE ON EXAMINATION OF A CHILD
WITNESS)

573. Indispensable for the act to be punishable as a crime: EXTERNAL ACT

574. “Exhibits" means PHYSICAL or DOCUMENTARY EVIDENCE

575. Conducts the direct examination: PROPONENT

576. People vs. Tomas Sr - paraffin test has been held to be highly UNRELIABLE

577. Represents people in appellate courts if public prosecutor is not allowed: OFFICE OF THE SOLICITOR
GENERAL

578. Offender at time of his trial for one crime shall have been previously convicted by final judgment of another
embraced in same title of Revised Penal Code: RECIDIVISM

579. Offender has been previously punished for offense which law attaches equal or greater penalty or for two or more
crimes to which it attaches lighter penalty: REPETITION or REITERATION

580. Offender within period of 10 years from date of his release or last conviction of crimes of serious or less serious
physical injuries, robo, hurto, estafa or falsification, is found guilty of any of said crimes third time or oftener:
HABITUAL DELINQUENCY

581. Any person who shall commit felony after having been convicted by final judgment BEFORE BEGINNING TO
SERVE such sentence or WHILE SERVING such sentence shall be punished by maximum period prescribed by law
for new felony: QUASI-RECIDIVISM

582. Is there a complex crime when crime is committed to conceal another crime? No

583. Quantum of Evidence: (1) Preliminary Investigation/Inquest Proceeding- PROBABLE CAUSE; (2)
Administrative Case-SUBSTANTIAL EVIDENCE; (3) Civil Case - PREPONDERANCE OF EVIDENCE; (4) Criminal
Case - PROOF BEYOND REASONABLE DOUBT

584. Rebellion - notcrime against national security but public order

585. Elements of Malicious Mischief: Always remember that it is intentional. Look for word: deliberately. The word
inadvertently is highly inconsistent with the crime of malicious mischief. Inadvertently means without
knowledge or intention. Malicious means marked by deep ill will; deliberately harmful.(a) offender
deliberately caused damage to property of another;(b) damage caused did not constitute arson or crimes involving
destruction; & (c) The damage was caused maliciously by the offender.

586. FORGERY BUT CRIMES AGAINST PUBLIC INTEREST: not crime committed by public officer

587. Exceptions to a dying declaration. -INFANTICIDE

588. Definition of Coup d'Etat.-The crime of coup D'ÉTAT is A SWIFT ATTACK ACCOMPANIED BY
VIOLENCE,INTIMIDATION, THREAT,STRATEGY OR STEALTH,DIRECTED AGAINST DULY CONSTITUTED
AUTHORITIES OF THE REPUBLI OF THE PHILIPPINES,OR ANY MILITARY CAMP OR INSTALLATION
COMMUNICATIONS NETWORKS, PUBLIC UTILITIES OR OTHER FACILITIES NEEDED FOR THE EXERCISE
AND CONTINUED POSSESSION OF POWER, SINGLY OR SIMULTANEOUSLY CARRIED OUT ANYWHERE IN
THE PHILIPPINES BY ANY PERSON OR PERSONS,BELONGING TO THE MILITARY OR POLICE OR
HOLDING ANY PUBLIC OFFICE OR EMPLOYMENT,WITH OR WITHOUT CIVILIAN SUPPORT OR
PARTICIPATION,FOR THE PURPOSE OF SEIZING OR DIMINISHING STATE POWER.

589. Is reclusion perpetua divisible or indivisible? Why?-Reclusion Perpetua is an INDIVISIBLE PENALTY BECAUSE
IT HAS NO MINIMUM OR MAXIMUM PERIOD.

590. Definition of documentary evidence.- CONSISTS OF WRITING ANY MATERIAL CONTAINING

LETTERS, WORDS, NUMBERS,FIGURES,SYMBOLS OR OTHER MODES OF WRITTEN EXPRESSION
OFFERED AS PROOF OF THEIR CONTENTS.

591. Criminal offense (Consummated Murder) Compromise-IMPLIED ADMISSION OF GUILT

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