CLAW MIDTERMS evidence of conduct nor statements made in

compromise negotiations admissible, except

WEEK 7 TOPICS evidence otherwise discoverable or offered for
another purpose, such as proving bias or
TESTIMONIAL PRIVILEGE prejudice of a witness, negativing a contention
Section 25. Parental and filial privilege. of undue delay, or proving an effort to obstruct
a criminal investigation or prosecution.
 No person shall be compelled to testify against
his or her parents, other direct ascendants, In criminal cases, except those involving quasi-offenses
children or other direct descendants, except (criminal negligence) or those allowed by law to be
when such testimony is indispensable in a crime compromised, an offer of compromise by the accused
against that person or by one parent against the may be received in evidence as an implied admission of
other. guilt.

Section 26. Privilege relating to trade secrets.  A plea of guilty later withdrawn or an
unaccepted off er of a plea of guilty to a lesser
 A person cannot be compelled to testify about offense is not admissible in evidence against the
any trade secret, unless the non-disclosure will accused who made the plea or off er. Neither is
conceal fraud or otherwise work injustice. any statement made in the course of plea
bargaining with the prosecution, which does not
 When disclosure is directed, the court shall take
result in a plea of guilty or which results in a
such protective measure as the interest of the
plea of guilty later withdrawn, admissible.
owner of the trade secret and of the parties and
the furtherance of justice may require.  An offer to pay[,] or the payment of medical,
hospital or other expenses occasioned by an
RES INTER ALIOS ACTA ALTERI NOCEREE NON DEBET-
injury[,] is not admissible in evidence as proof of
Things done between strangers ought not to injure
civil or criminal liability for the injury.
those who are not parties to it.
Section 29. Admission by third party
The rights of a party cannot be prejudiced:
 The rights of a party cannot be prejudiced by an
 by an act, declaration, or omission of another,
act, declaration, or omission of another, except
EXCEPT as hereinafter provided.
as hereinafter provided.
a) Admission by co-partner or agent
Section 30. Admission by co-partner or agent
b) Admission by conspirator.
c) Admission by privies  The act or declaration of a partner or agent
d) Admission by silence. authorized by the party to make a statement
concerning the subject, or within the scope of
Section 27. Admission of a party.
his or her authority[,] and during the existence
 The act, declaration or omission of a party as to of the partnership or agency, may be given in
a relevant fact may be given in evidence against evidence against such party after the
him or her. partnership or agency is shown by evidence
other than such act or declaration.
Section 28. Offer of compromise not admissible.
 The same rule applies to the act or declaration
 In civil cases, an off er of compromise is not an of a joint owner, joint debtor, or other person
admission of any liability, and is not admissible jointly interested with the party.
in evidence against the offeror. Neither is
Section 31. Admission by conspirator of guilty, also proof that such plea was made
voluntarily and w/ full comprehension
 The act or declaration of a conspirator in
furtherance of the conspiracy and during its 2. Extrajudicial (EX-J) Confession: One made in any
existence may be given in evidence against the other place or occasion
co-conspirator after the conspiracy is shown by
evidence other than such act of declaration. ADMISSION VS. DECLARATION AGAINST INTEREST

Section 32. Admission by privies ADMISSION DECLARATION AGAINST

INTEREST
 Where one derives title to property from
another, the latter’s act, declaration, or An admission need not be The declaration against
against one’s proprietary interest must have been
omission, in relation to the property, is evidence
or pecuniary interest, made against the
against the former [if done] while the latter was proprietary or pecuniary
holding the title. interest of the parties

Section 33. Admission by silence

Made by the party himself, Must have been made by a
 An act or declaration made in the presence and
and is primary evidence person who is either
within the hearing or observation of a party and competent though he deceased or unable to
who does or says nothing when the act or be present in court and testify
declaration is such as naturally to call for action ready to testify
or comment if not true, and when proper and
possible for him or her to do so, may be given in Admission can be made The declaration against
any time interest must have been
evidence against him or her.
made ante litem motam
ADMISSION CONFESSION (prior to the controversy)
An admission is a The declaration of an
statement of fact which accused acknowledging his Section 35. Similar acts as evidence
does not involve an or her guilt of the offense
 Evidence that one did or did not do a certain
acknowledgement of guilt charged, or of any offense
or liability necessarily included thing at one time is not admissible to prove that
therein, may be given in he or she did or did not do the same or similar
evidence against him or thing at another time; but it may be received to
her prove a specific intent or knowledge, identity,
plan, system, scheme, habit, custom or usage,
It may be express or tacit Must be express and the like.

May be made by third Can be made only by the Section 36. Unaccepted offer
persons party himself and in some
instances, is admissible  An off er in writing to pay a particular sum of
against his co-accused money or to deliver a written instrument or
TYPES OF CONFESSION specific personal property is, if rejected without
1. Judicial Confession: One made before a court in valid cause, equivalent to the actual production
which the case is pending and in the course of legal and tender of the money, instrument, or
proceedings therein. property.

 By itself, can sustain conviction, even for a

capital offense, but for Capital Offenses: there
must be evidence presented other than the plea
WEEK 8 TOPICS such person of unsound mind, where a party or
assignor of a party or a person in whose behalf
NO FIRST-HAND KNOWLEDGE RULE a case is prosecuted testifies on a matter of fact
occurring before the death of the deceased
Section 37. Hearsay. – Hearsay is a statement other than
person or before the person became of
one made by the declarant while testifying at a trial or
unsound mind.
hearing, offered to prove the truth of the facts asserted
therein.  any statement of the deceased or the person of
unsound mind, may be received in evidence if
 A statement is (1) an oral or written assertion or
the statement was made upon the personal
(2) a non-verbal conduct of a person, if it is
knowledge of the deceased or the person of
intended by him or her as an assertion.
unsound mind at a time when the matter had
 Hearsay evidence is inadmissible except as been recently perceived by him or her and while
otherwise provided in these Rules. his or her recollection was clear. Such
statement, however, is inadmissible if made
 A statement is not hearsay if the declarant under circumstances indicating its lack of
testifies at the trial or hearing and is subject to trustworthiness
cross examination concerning the statement,
and the statement is: Section 40. Declaration against interest. – The
declaration made by a person deceased or unable to
(a) inconsistent with the declarant’s testimony, and testify against the interest of the declarant, if the fact
was given under oath subject to the penalty of asserted in the declaration was at the time it was made
perjury at a trial, hearing, or other proceeding, so far contrary to the declarant’s own interest that a
or in a deposition; reasonable person in his or her position would not have
made the declaration unless he or she believed it to be
(b) consistent with the declarant’s testimony and is
true, may be received in evidence against himself or
offered to rebut an express or implied charge
herself or his or her successors in interest and against
against the declarant of recent fabrication or
third persons.
improper influence or motive; or
 A statement tending to expose the declarant to
(c) one of identification of a person made after
criminal liability and offered to exculpate the
perceiving him or her.
accused is not admissible unless corroborating
Exceptions to the Hearsay Rule circumstances clearly indicate the
trustworthiness of the statement.
Section 38. Dying declaration. – The declaration of a
dying person, made under the consciousness of an Section 41. Act or declaration about pedigree.
impending death, may be received in any case wherein
his or her death is the subject of inquiry, as evidence of
the cause and surrounding circumstances of such death.

Section 39. Statement of decedent or person of

unsound mind.

 In an action against an executor or

administrator or other representative of a
deceased person, or against a person of
unsound mind, upon a claim or demand against
the estate of such deceased person or against
  The act or declaration of a person deceased or pamphlet is recognized in his or her profession or calling
unable to testify, in respect to the pedigree of as expert in the subject.
another person related to him or her by birth[,]
adoption, or marriage or, in the absence Section 49. Testimony or deposition at a former
thereof, with whose family he or she was so proceeding. – The testimony or deposition of a witness
intimately associated as to be likely to have deceased or out of the Philippines or who cannot, with
accurate information concerning his or her due diligence, be found therein, or is unavailable or
pedigree, may be received in evidence where it otherwise unable to testify, given in a former case or
occurred before the controversy, and the proceeding, judicial or administrative, involving the
relationship between the two [(2)] persons is same parties and subject matter, may be given in
shown by evidence other than such act or evidence against the adverse party who had the
declaration. opportunity to cross-examine him or her.

 The word “pedigree” includes relationship, WEEK 9 TOPICS

family genealogy, birth, marriage, death, the OPINION RULE
dates when and the places where these facts
occurred, and the names of the relatives. It Section 51. General rule. – The opinion of a witness is
embraces also facts of family history intimately not admissible, except as indicated in the following
connected with pedigree. sections.

Section 42. Family reputation or tradition regarding Section 52. Opinion of expert witness
pedigree.
 The opinion of a witness on a matter requiring
 The reputation or tradition existing in a family special knowledge, skill, experience, training or
previous to the controversy, in respect to the education, which he or she is shown to possess,
pedigree of any one of its members, may be may be received in evidence.
received in evidence if the witness testifying
Section 53. Opinion of ordinary witnesses
thereon be also a member of the family, either
by consanguinity [,] affinity, or adoption. Entries  The opinion of a witness, for which proper basis
in family bibles or other family books or charts, is given, may be received in evidence regarding:
engraving on rings, family portraits and the like,
may be received as evidence of pedigree. a) [T]he identity of a person about whom he or she
has adequate knowledge;
Section 47. Commercial lists and the like. – Evidence of b) A handwriting with which he or she has
statements of matters of interest to persons engaged in sufficient familiarity; and
an occupation contained in a list, register, periodical, or c) The mental sanity of a person with whom he or
other published compilation is admissible as tending to she is sufficiently acquainted.
prove the truth of any relevant matter so stated if that  The witness may also testify on his or her
compilation is published for use by persons engaged in impressions of the emotion, behavior, condition
that occupation and is generally used and relied upon by or appearance of a person
them therein.
CHARACTER EVIDENCE
Section 48. Learned treatises. – A published treatise,
periodical or pamphlet on a subject of history, law, Section 54. Character evidence not generally admissible;
science, or art is admissible as tending to prove the exceptions.
truth of a matter stated therein if the court takes judicial
 Evidence of a person’s character or a trait of
notice, or a witness expert in the subject testifies, that
character is not admissible for the purpose of
the writer of the statement in the treatise, periodical or
 proving action in conformity therewith on a  is the duty of a party to present evidence on the
particular occasion, except: facts in issue necessary to establish his claim or
defense by the amount of evidence required by
a) In Criminal Cases: law.
The character of the offended party may be Proof, defined: The establishment of a requisite degree
proved if it tends to establish in any reasonable degree of belief in the mind of the trier of fact as to the fact in
the probability or improbability of the offense charged issue.
 The accused may prove his or her good moral Burden of Evidence, defined: The logical necessity on a
character [,] pertinent to the moral trait party during a particular time of the trial to create a
involved in the offense charged. However, the prima facie case in its favor or to destroy that created
prosecution may not prove his or her bad moral against him by presenting evidence.
character unless on rebuttal.
The Following Facts Need Not be Proved:
b) In Civil Cases:
1. Facts which are presumed (Rule 131)
 Evidence of the moral character of a party in a 2. Facts which are of judicial notice (Rule 129)
civil case is admissible only when pertinent to 3. Facts which are judicially admitted (Rule
the issue of character involved in the case. 129)
(c) In Criminal and Civil Cases: Presumption, defined: An inference as to the existence
 Evidence of the good character of a witness is or non-existence of a fact which courts are permitted to
not admissible until such character has been draw from the proof of other facts.
impeached. Note: A presumption shifts the burden of going forward
 In all cases in which evidence of character or a with the evidence. It imposes on the party against
trait of character of a person is admissible, whom it is directed the burden of going forward with
proof may be made by testimony as to evidence to meet or rebut the presumption.
reputation or by testimony in the form of an HIERARCHY OF EVIDENCE
opinion.
1. Proof beyond reasonable doubt that degree of proof
 On cross-examination, inquiry is allowable into which produces conviction in an unprejudiced mind.
relevant specific instances of conduct.
2. Clear and Convincing evidence means that
 In cases in which character or a trait of the evidence is highly and substantially more likely to be
character of a person is an essential element of true than untrue; the fact finder must be convinced that
a charge, claim or defense, proof may also be the contention is highly probable.
made of specific instances of that person’s
conduct 3. Preponderance of evidence It means weight or
credibility of evidence taking into account the quality
RULE 131 BURDEN OF PROOF, BURDEN OF EVIDENCE and quantity of evidence.
AND PRESUMPTIONS
4. Substantial evidence such relevant evidence a
Burden of Proof or “onus probandi”, defined: reasonable mind might accept to support a conclusion.
Obligation imposed upon a party who alleges the
existence of facts necessary for the prosecution of his RULE 131 BURDEN OF PROOF, BURDEN OF EVIDENCE
action or defense to establish the same by the requisite AND PRESUMPTIONS
quantum of evidence.
Presumptions of Law Can Be:
a. Conclusive or Absolute (juris et de jure) - A i) That prior rents or installments had been paid
presumption of law that is not permitted to be when a receipt for the later one is produced;
overcome by any proof to the contrary
j) That a person found in possession of a thing
b. Disputable, Rebuttable or Prima Facie (juris tantum) taken in the doing of a recent wrongful act is the
- is that which the law permits to be overcome or taker and the doer of the whole act; otherwise,
contradicted by proofs to the contrary; otherwise the that things which a person possesses, or
same remains satisfactory. exercises acts of ownership over, are owned by
him or her;
Section 1. Burden of proof and burden of evidence. –
Burden of proof is the duty of a party to present k) That a person in possession of an order on
evidence on the facts in issue necessary to establish his himself or herself for the payment of the
or her claim or defense by the amount of evidence money, or the delivery of anything, has paid the
required by law. Burden of proof never shifts. money or delivered the thing accordingly;

 Burden of evidence is the duty of a party to l) That a person acting in a public office was
present evidence sufficient to establish or rebut regularly appointed or elected to it;
a fact in issue to establish a prima facie case.
Burden of evidence may shift from one party to m) That official duty has been regularly performed;
the other in the course of the proceedings, n) That a court, or judge acting as such, whether in
depending on the exigencies of the case. the Philippines or elsewhere, was acting in the
DISPUTABLE PRESUMPTIONS lawful exercise of jurisdiction;

Section 3. Disputable presumptions. – The following o) That all the matters within an issue raised in a
presumptions are satisfactory if uncontradicted, but case were laid before the court and passed
may be contradicted and overcome by other evidence: upon by it; and in like manner that all matters
within an issue raised in a dispute submitted for
a) That a person is innocent of crime or wrong; arbitration were laid before the arbitrators and
passed upon by them;
b) That an unlawful act was done with an unlawful
intent; p) That private transactions have been fair and
regular;
c) That a person intends the ordinary
consequences of his or her voluntary act; q) That the ordinary course of business has been
followed;
d) That a person takes ordinary care of his or her
concerns r) That there was a sufficient consideration for a
contract;
e) That evidence willfully suppressed would be
adverse if produced; s) That a negotiable instrument was given or
indorsed for a sufficient consideration;
f) That money paid by one to another was due to
the latter; t) That an indorsement of a negotiable instrument
was made before the instrument was overdue
g) That a thing delivered by one to another and at the place where the instrument is dated;
belonged to the latter;
u) That a writing is truly dated;
h) That an obligation delivered up to the debtor
has been paid; v) That a letter duly directed and mailed was
received in the regular course of the mail;
 w) That after an absence of seven [(7)] years, it (y) That things have happened according to the
being unknown whether or not the absentee ordinary course of nature and ordinary nature
still lives, he or she is considered dead for all habits of life;
purposes, except for those of succession.
(z) That persons acting as copartners have entered
The absentee shall not be considered dead for the into a contract of co-partnership;
purpose of opening his or her succession until after an
absence of ten [(10)] years. If he or she disappeared
after the age of seventy-five [(75)] years, an absence of (aa) That a man and woman deporting themselves
five [(5)] years shall be sufficient in order that his or her as husband and wife have entered into a lawful
succession may be opened. contract of marriage;
The following shall be considered dead for all purposes (bb) That property acquired by a man and a woman
including the division of the estate among the heirs: who are capacitated to marry each other and who
1) A person on board a vessel lost during a sea live exclusively with each other as husband and
voyage, or an aircraft which is missing, who wife[,] without the benefit of marriage or under a
has not been heard of for four [(4)] years void marriage, has been obtained by their joint eff
since the loss of the vessel or aircraft; orts, work or industry[;]
2) A member of the armed forces who has (cc) That in cases of cohabitation by a man and a
taken part in armed hostilities, and has woman who are not capacitated to marry each
been missing for four [(4)] years; other and who have acquired property through
3) A person who has been in danger of death their actual joint contribution of money, property or
under other circumstances and whose industry, such contributions and their corresponding
existence has not been known for four [(4)] shares[,] including joint deposits of money and
years; and evidences of credit[,] are equal[;]
4) If a married person has been absent for four
[(4)] consecutive years, the spouse present (dd) That if the marriage is terminated and the
may contract a subsequent marriage if he or mother contracted another marriage within three
she has a well-founded belief that the hundred [(300)] days after such termination of the
absent spouse is already dead. In case of former marriage, these rules shall govern in the
disappearance, where there is a danger of absence of proof to the contrary:
death[, under] the circumstances
1) A child born before one hundred eighty (180)
hereinabove provided, an absence of only
days after the solemnization of the subsequent
two [(2)] years shall be sufficient for the
marriage is considered to have been conceived
purpose of contracting a subsequent
during [the former] marriage, [provided] it be
marriage
born within the three hundred [(300)] days after
However, in any case, before marrying again, the spouse the termination of the former marriage; and
present must institute summary proceeding[s] as
2. A child born after one hundred eighty (180) days
provided in the Family Code and in the rules for
following the celebration of the subsequent
declaration of presumptive death of the absentee,
marriage is considered to have been conceived
without prejudice to the effect of reappearance of the
during such marriage, even though it be born
absent spouse [;]
within the three hundred [(300)] days after the
(x) That acquiescence resulted from a belief that the termination of the former marriage[;]
thing acquiesced in was conformable to the law or
fact;
(ee) That a thing once proved to exist continues as long of one prior to the other, shall prove the same; in the
as is usual with things of that nature; absence of proof, they shall be considered to have died
at the same time. (3a)
(ff) That the law has been obeyed;
Section 4. No presumption of legitimacy or illegitimacy.
(gg) That a printed or published book, purporting to be –
printed or published by public authority, was so printed
or published;  There is no presumption of legitimacy or
illegitimacy of a child born after three hundred
(hh) That a printed or published book, purporting to [(300)] days following the dissolution of the
contain reports of cases adjudged in tribunals of the marriage or the separation of the spouses.
country where the book is published, contains correct Whoever alleges the legitimacy or illegitimacy of
reports of such cases; such child must prove his or her allegation
(ii) That a trustee or other person whose duty it was to Section 5. Presumptions in civil actions and proceedings.
convey real property to a particular person has actually – In all civil actions and proceedings not otherwise
conveyed it to him or her when such presumption is provided for by the law or these Rules, a presumption
necessary to perfect the title of such person or his or imposes on the party against whom it is directed the
her successor in interest; burden of going forward with evidence to rebut or meet
(jj) That except for purposes of succession, when two the presumption.
[(2)] persons perish in the same calamity, such as wreck,  If presumptions are inconsistent, the
battle, or conflagration, and it is not shown who died presumption that is founded upon weightier
first, and there are no particular circumstances from considerations of policy shall apply. If
which it can be inferred, the survivorship is determined considerations of policy are of equal weight,
from the probabilities resulting from the strength and neither presumption applies.
the age of the sexes, according to the following rules:
Section 6. Presumption against an accused in criminal
1) If both were under the age of fi fteen [(15)] cases. – If a presumed fact that establishes guilt, is an
years, the older is deemed to have survived; element of the offense charged, or negates a defense,
2) If both were above the age of sixty [(60)], the the existence of the basic fact must be proved beyond
younger is deemed to have survived; reasonable doubt and the presumed fact follows from
the basic fact beyond reasonable doubt.
3) If one is under fifteen [(15)] and the other above
sixty [(60)], the former is deemed to have Republic Act No. 7438
survived; AN ACT DEFINING CERTAIN RIGHTS OF PERSON
4) If both be over fifteen [(15)] and under sixty ARRESTED, DETAINED OR UNDER CUSTODIAL
[(60)], and the sex be diff erent, the male is INVESTIGATION AS WELL AS THE DUTIES OF THE
deemed to have survived, if the sex be the ARRESTING, DETAINING AND INVESTIGATING OFFICERS,
same, the older; and AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF

5) If one be under fifteen [(15)] or over sixty [(60)], • Section 1. Statement of Policy. – It is the policy
and the other between those ages, the latter is of the Senate to value the dignity of every
deemed to have survived; human being and guarantee full respect for
human rights
(kk) That if there is a doubt, as between two [(2)] or
more persons who are called to succeed each other, as
to which of them died first, whoever alleges the death
 • Section 2. Rights of Persons Arrested, Detained child, brother or sister, grandparent or grandchild, uncle
or Under Custodial Investigation; Duties of or aunt, nephew or niece, and guardian or ward.
Public Officers.
As used in this Act, "custodial investigation"
(a) Any person arrested detained or under custodial shall include the practice of issuing an "invitation" to a
investigation shall at all times be assisted by counsel. person who is investigated in connection with an
offense he is suspected to have committed, without
(c) The custodial investigation report shall be reduced to prejudice to the liability of the "inviting" officer for any
writing by the investigating officer, provided that before violation of law.
such report is signed, or thumb marked if the person
arrested or detained does not know how to read and Section 3. Assisting Counsel. – Assisting counsel is any
write, it shall be read and adequately explained to him lawyer, except those directly affected by the case, those
by his counsel or by the assisting counsel provided by charged with conducting preliminary investigation or
the investigating officer in the language or dialect those charged with the prosecution of crimes.
known to such arrested or detained person, otherwise,
such investigation report shall be null and void and of no The assisting counsel other than the government
effect whatsoever. lawyers shall be entitled to the following fees;

(d) Any extrajudicial confession made by a person (a) The amount of One hundred fifty pesos (P150.00) if
arrested, detained or under custodial investigation shall the suspected person is chargeable with light felonies;
be in writing and signed by such person in the presence (search this word)
of his counsel or in the latter's absence, upon a valid (c) The amount of Three hundred fifty pesos (P350.00) if
waiver, and in the presence of any of the parents, elder the suspected person is chargeable with a capital
brothers and sisters, his spouse, the municipal mayor, offense. (search this word)
the municipal judge, district school supervisor, or priest
or minister of the gospel as chosen by him; otherwise, The fee for the assisting counsel shall be paid by the city
such extrajudicial confession shall be inadmissible as or municipality where the custodial investigation is
evidence in any proceeding conducted, provided that if the municipality of city
cannot pay such fee, the province comprising such
(e) Any waiver by a person arrested or detained under municipality or city shall pay the fee: Provided, That the
the provisions of Article 125 of the Revised Penal Code, Municipal or City Treasurer must certify that no funds
or under custodial investigation, shall be in writing and are available to pay the fees of assisting counsel before
signed by such person in the presence of his counsel; the province pays said fees.
otherwise, the waiver shall be null and void and of no
effect. In the absence of any lawyer, no custodial
investigation shall be conducted and the suspected
(f) Any person arrested or detained or under custodial person can only be detained by the investigating officer
investigation shall be allowed visits by or conferences in accordance with the provisions of Article 125 of the
with any member of his immediate family, or any Revised Penal Code.
medical doctor or priest or religious minister chosen by
him or by any member of his immediate family or by his Section 4. Penalty Clause. – (a) Any arresting public
counsel, or by any national non-governmental officer or employee, or any investigating officer, who
organization duly accredited by the Commission on fails to inform any person arrested, detained or under
Human Rights of by any international non-governmental custodial investigation of his right to remain silent and
organization duly accredited by the Office of the to have competent and independent counsel preferably
President. The person's "immediate family" shall of his own choice, shall suffer a fine of Six thousand
include his or her spouse, fiancé or fiancée, parent or pesos (P6,000.00) or a penalty of imprisonment of not
less than eight (8) years but not more than ten (10)
years, or both. The penalty of perpetual absolute
disqualification shall also be imposed upon the
investigating officer who has been previously convicted
of a similar offense.

The same penalties shall be imposed upon a

public officer or employee, or anyone acting upon
orders of such investigating officer or in his place, who
fails to provide a competent and independent counsel
to a person arrested, detained or under custodial
investigation for the commission of an offense if the
latter cannot afford the services of his own counsel

(b) Any person who obstructs, prevents or prohibits any

lawyer, any member of the immediate family of a
person arrested, detained or under custodial
investigation, or any medical doctor or priest or religious
minister chosen by him or by any member of his
immediate family or by his counsel, from visiting and
conferring privately with him, or from examining and
treating him, or from ministering to his spiritual needs,
at any hour of the day or, in urgent cases, of the night
shall suffer the penalty of imprisonment of not less than
four (4) years nor more than six (6) years, and a fine of
four thousand pesos (P4,000.00).

The provisions of the above Section

notwithstanding, any security officer with custodial
responsibility over any detainee or prisoner may
undertake such reasonable measures as may be
necessary to secure his safety and prevent his escape.

Section 5. Repealing Clause. – Republic Act No. 857, as

amended, is hereby repealed. Other laws, presidential
decrees, executive orders or rules and regulations, or
parts thereof inconsistent with the provisions of this Act
are repealed or modified accordingly.

Section 6. Effectivity. – This Act shall take effect fifteen

(15) days following its publication in the Official Gazette
or in any daily newspapers of general circulation in the
Philippines.