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CLJ Cases Notes - 112610

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CLJ Cases Notes - 112610

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ST. LOUIS REVIEW CENTER.

the Right Choice, is Right Here… ILIGAN - MARANDING - DIPOLOG – OZAMIZ -

GINGOOG - IPIL

▶REVISED RULES ON EVIDENCE

Evidence

▶A.M. No. 19-08-15-SC

▶May 1, 2020
Evidence
- The means sanctioned by the law (Rules of Court) of ascertaining in a judicial proceeding the truth respecting a matter of
fact.

▶ FACTUM PROBANDUM- the ultimate fact or the fact sought to be established. It is the fact to be proved.
Factum probandum vs. Factum Probans

▶ FACTUM PROBANS- the evidentiary fact or the fact by which the factum probandum is to be established.
Classification of evidence:
1. Object or real or autoptic evidence or physical evidence or tangible evidence - that which is directly addressed to the senses of

▶
the court and consists of tangible things exhibited in court.
Chain of Custody - the presenter of an object evidence may be required to prove its chain of custody, that is the people
who took charge thereof from its recovery to presentation in court so that it may pass the process of authentication. If the object
evidence is easy to identify, mere testimony of witness is sufficient.
2. Testimonial evidence - that which is submitted to the court through the testimony or deposition of a witness. It is that which
directly comes out of the witness’s mouth, oral or written, such as depositions and affidavits.
3. Relevant evidence - evidence having any value in reason as tending to prove any matter provable in an action.
4. Material evidence - evidence directed to prove a fact in issue as determined by the rules of substantive law and pleading.
5. Competent evidence - evidence that is not excluded by the rules, statute or the Constitution.
6. Direct evidence - that which proves the fact in dispute without the aid of any inference or presumption.
7. Circumstantial evidence - the proof of fact or facts from which, taken either singly or collectively, the existence of the particular
fact in dispute may be inferred as a necessary or provable consequence.
8.Cumulative evidence - evidence of the same kind and to the same state of facts.
9.Corroborative evidence - additional evidence of a different character to the same point.
10. Expert evidence - the testimony of one possessing in regard to a particular subject or department of human activity, knowledge
not usually acquired by other persons.
11. Prima Facie Evidence - that which standing alone, unexplained or uncontradicted, is sufficient to maintain the proposition
affirmed.
12. Primary evidence - that which the law regards as affording the greatest certainty of the fact in question
13. Secondary evidence or Substitutionary Evidence
- that which is inferior to the primary evidence and is permitted only when the best evidence is not available.
14. Positive evidence - when a witness affirms that a fact did or did not occur.
15. Negative evidence - when a witness states he did not see or know of the occurrence of a fact.
16. Documentary Evidence – it consists of writings or any material containing letters, words, numbers, figures, symbols, or other
modes of written expressions offered as proof of their contents.
17. Electronic evidence - document or information received, recorded, transmitted, stored, processed or produced electronically.
18. Forgotten evidence - evidence which was not presented in court because of oversight or forgetfulness of a party or counsel.
19. Exculpatory evidence - that evidence which will excuse a person from an alleged fault or crime.
20. Evidence Aliunde or Extraneous evidence - evidence from outside or another source.
21. Inculpatory evidence - are evidence which has the tendency to implicate or incriminate a person.
When is Evidence Admissible?
Evidence is Admissible when: RELEVANT to the fact in issue and is not excluded by the law or rules of court (COMPETENT).

▶the cognizance of certain facts which judges may properly take act on without proof because they already know them.
WHAT IS JUDICIAL NOTICE

MANDATORY JUDICIAL NOTICE

▶
A court shall take judicial notice, without the introduction of evidence, of:

▶
the existence and territorial extent of states,

▶
their political history,

▶
forms of government and symbols of nationality,

▶
the law of nations,

▶
the admiralty and maritime courts of the world and their seals,

▶
the political constitution and history of the Philippines,
the official acts of legislative, executive and judicial departments of the National Government of the Philippines,

▶
the laws of nature,

▶
the measure of time, and
the geographical divisions.
__________________________________________________________________________________________________
_____
No part of this material may be reproduced in any form without asking permission. This is for the exclusive use of St.
Louis Review Center 1
ST. LOUIS REVIEW CENTER.
the Right Choice, is Right Here… ILIGAN - MARANDING - DIPOLOG – OZAMIZ -
GINGOOG - IPIL

DISCRETIONARY JUDICIAL NOTICE

▶ of public knowledge, or
A court may take judicial notice of matters which are:

▶are capable to unquestionable demonstration, or

▶ought to be known to judges because of their judicial functions

BEST EVIDENCE RULE DEFINED

▶When the subject of inquiry is the contents of a document, writing, recording, photograph or other record, no evidence is
(Original Document Rule)

admissible other than the original document itself, except in the following cases:
(a)When the original has been lost or destroyed, or cannot be produced in court, without bad faith on the part of the offeror;
(b)When the original is in the custody or under the control of the party against whom the evidence is offered, and the latter fails to
produce it after reasonable notice, or the original cannot be obtained by local judicial processes or procedures;
(c)When the original consists of numerous accounts or other documents which cannot be examined in court without great loss of
time and the fact sought to be established from them is only the general result of the whole; and
(d)When the original is a public record in the custody of a public officer or is recorded in a public office; and
(e)When the original is not closely-related to a controlling issue.
NOTE:
 In a prosecution for libel published in a newspaper, a copy of said newspaper is the best evidence to establish the crime,
not what the reader says.
 In a case of falsification of document, the document alleged to have falsified is the best evidence.
 To prove the fact of death, the best evidence is the death certificate.
 To prove marriage, the marriage contract.
 To prove one’s age, birth certificate.
 To prove ownership of a piece of land, land title
 To prove ownership of a motor vehicle, certificate of registration in one’s name.
DEFINE PAROL EVIDENCE RULE
When the terms of an agreement have been reduced to writing, it is considered as containing all the terms agreed upon and there
can be, between the parties and their successors in interest, no evidence of such terms other than the contents of the written
agreement.
WHAT ARE THE EXCEPTIONS TO THE PAROL EVIDENCE RULE?
a party may present evidence to modify, explain or add to the terms of written agreement if he puts in issue in a verified pleading:
(1) An intrinsic ambiguity, mistake or imperfection in the written agreement;
(2) The failure of the written agreement to express the true intent and agreement of the parties thereto;
(3) The validity of the written agreement; or
(4) The existence of other terms agreed to by the parties or their successors in interest after the execution of the written agreement.
The term "agreement" includes wills.

▶a person who makes a statement to a judicial tribunal on a question of fact.

WITNESS DEFINED

WHAT ARE THE QUALIFICATIONS OF A WITNESS?

All person who can perceive and perceiving and can make known their perception to others, may be witnesses.

COMPETENCY OF A WITNESS
Is the legal fitness or ability of a witness to be heard in the trial of a cause/case.

THINGS THAT DO NOT DISQUALIFY A WITNESS

Religious or political belief, interest in the outcome of the case, or conviction of a crime unless otherwise provided by law, shall not
be ground for disqualification.

▶ During their marriage, neither the husband nor the wife may testify for or against the other without the consent of the
DISQUALIFICATION BY REASON OF MARRIAGE

▶ in a civil case by one against the other, or

affected spouse, except:

▶ in a criminal case for a crime committed by one against the other or the latter's direct descendants or ascendants.
REQUISITES OF DQ BY REASON OF MARRIAGE
1. The spouses involved must be legally married; and

The following persons cannot testify as to matters learned in confidence:

1. The husband or the wife, during or after the marriage, cannot be examined without the consent of the other as to any
communication received in confidence by one from the other during the marriage except in a civil case by one against the other, or
in a criminal case for a crime committed by one against the other or the latter's direct descendants or ascendants; (Marital
Communication Rule/Spousal Immunity Rule/Husband and Wife Privilege)
2. (b)An attorney or person reasonably believed by the client to be licensed to engage in the practice of law cannot, without the
consent of his client, be examined as to any communication made by the client to him, or his advice given thereon in the course of,
or with a view to, professional employment, nor can an attorney's secretary, stenographer, or clerk, or other persons assisting the
attorney be examined, without the consent of the client and his or her employer, concerning any fact the knowledge of which has
been acquired in such capacity, except in the following cases:
(i) Furtherance of crime or fraud. If the services or advice of the lawyer were sought or obtained to enable or aid anyone to
commit or plan to commit what the client knew or reasonably should have known to be a crime or fraud;
(ii) Claimants through same deceased client. As to a communication relevant to an issue between parties who claim through
the same deceased client, regardless of whether the claims are by testate or intestate or by inter vivos transaction;
(iii) Breach of duty by lawyer or client. As to a communication relevant to an issue of breach of duty by the lawyer to his or her
client, or by the client to his or her lawyer;
(iv) relevant to a matter of common interest between two or more clients if the communication was made by any of them to a
lawyer retained or consulted in common, when offered in an action between any of the clients, unless they have expressly
agreed otherwise.
3. physician, psychotherapist or person reasonably believed by the patient to be authorized to practice medicine or psychotherapy
cannot in a civil case, without the consent of the patient, be examined as to any confidential communication made for the purpose
of diagnosis or treatment of the patient’s physical, mental or emotional condition, including alcohol or drug addiction, between the
patient and his or her physician or psychotherapist. This privilege also applies to persons, including members of the patient’s family,

▶A psychotherapist is:
who have participated in the diagnosis or treatment of the patient under the direction of the physician or psychotherapist.

(a)A person licensed to practice medicine engaged in the diagnosis or treatment of a mental or emotional condition, or
(b)A person licensed as a psychologist by the government while similarly engaged.
4. A minister, priest reasonably believed to be so cannot, without the consent of the affected person, be examined as to any
communication or confession made to or any advice given by him or her, in his or her professional.
5. A public officer cannot be examined during his term of office or afterwards, as to communications made to him in official
confidence, when the court finds that the public interest would suffer by the disclosure.

WHAT IS PARENTAL AND FILIAL PRIVILEGE?

No person may be compelled to testify against his parents, other direct ascendants, children and other direct descendants except
when such testimony is indispensable in a crime against that person or by one parent against the other.

▶PARENTAL PRIVILEGE

▶FILIAL PRIVILEGE
Parents cannot be compelled to testify against his descendants;

means, witness cannot be compelled to testify against his parents or other direct ascendants

ADMISSIONS, DEFINED
any statement of a fact by a party against his interest or unfavorable to the conclusion for which he contends or is inconsistent with
the facts alleged by him. It is a statement of fact which does not involve an acknowledgment of guilt or liability (this is the more
popular definition).

CONFESSIONS, DEFINED

2 KINDS OF CONFESSIONS
1. Judicial Confession – made in the court where the case is pending.
2. Extrajudicial Confession – made in any other place except in the court and cannot sustain or result into a conviction
unless corroborated by evidence of CORPUS DELICTI.

▶
REQUISITES OF VALID CONFESSIONS

▶
Confession must be express and categorical;

▶
Confession must be intelligent;

▶
Confession must be voluntarily given;
There must be no violation of article III Sec. 12 of the Constitution.

COMPROMISE, DEFINED
A contract whereby parties by making reciprocal concessions, avoid a litigation or put an end to one already commenced.
An agreement made between two or more parties as a settlement of matters in dispute.
WHAT IS THE EFFECT OF COMPROMISE IN CIVIL CASES?
Offer of compromise not admissible. — In civil cases, an offer of compromise is not an admission of any liability, and is not
admissible in evidence against the offeror. Neither is evidence of conduct nor statements made in compromise negotiations
admissible, except evidence otherwise discoverable or offered for another purpose, such as proving bias or prejudice of a witness,
negativiting a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution.

WHAT IS THE EFFECT OF COMPROMISE IN CRIMINAL CASES?

In criminal cases, except those involving quasi-offenses (criminal negligence) or those allowed by law to be compromised, an offer of
compromised by the accused may be received in evidence as an implied admission of guilt.
An offer to pay or the payment of medical, hospital or other expenses occasioned by an injury is not admissible in evidence as proof
of civil or criminal liability for the injury.
OFFER TO MARRY IN RAPE CASES
An offer to marry the rape victim made by the accused is an admission of guilt.
A plea of guilty later withdrawn, or an unaccepted offer of a plea of guilty to lesser offense, is not admissible in evidence against the
accused who made the plea or offer. Neither is any statement made in the course of plea bargaining with the prosecution, which
does not result in a plea of guilty or which results in a plea of guilty later withdrawn, admissible.

RES INTER ALIOS ACTA ALTERI NOCERE NON DEBET RULE

Means “things done between strangers should not injure those who are not parties to them.”

BRANCH I - ADMISSIONS BY A 3RD PARTY

The rights of a party cannot be prejudiced by an act, declaration, or omission of another, except as hereinafter provided.
BRANCH II - PREVIOUS/SIMILAR CONDUCT AS EVIDENCE.
Evidence that one did or did not do a certain thing at one time is not admissible to prove that he did or did not do the same or
similar thing at another time; but it may be received to prove a specific intent or knowledge; identity, plan, system, scheme, habit,
custom or usage, and the like. (Res inter alios act alteri noceri non debet-Part II)

▶it may refer to:

What is CORPUS DELICTI?

▶The body of the crime or;

▶The actual commission of the crime charged; or
▶The fact that a crime has been actually committed.

What are INTERLOCKING CONFESSIONS?

is a confession in a criminal case so corroborative of each other as to impose faith that they must have a basis in fact. Where
extrajudicial confession has been made by several persons charged with conspiracy and there could have been no collusion with
reference to several confessions, the fact that the statements are in all material respects identical is confirmatory of the testimony
of the accomplice.

HEARSAY

▶ Hearsay is a statement other than one made by the declarant while testifying at a trial or hearing, offered to prove the truth of
GINGOOG - IPIL

the facts asserted therein. A statement is (1) an oral or written assertion or (2) a non-verbal conduct of a person, if it is intended by
him or her as an assertion. Hearsay evidence is inadmissible except provided in these Rules.
REASON WHY HEARSAY EXCLUDED AS EVIDENCE
It is excluded because the party against whom it is presented is deprived of the right and opportunity to cross examine the persons
to whom the statement is attributed.

▶Affidavits where the affiants were not presented in court for cross examinations.
OTHER SAMPLES OF HEARSAY EVIDENCE

▶Medical certificates where the doctor who executed the same were not presented in the court for cross examinations.

State the rule on DYING DECLARATIONS

The declaration of a dying person, made under the consciousness of an impending death, may be received in any case wherein his
death is the subject of inquiry, as evidence of the cause and surrounding circumstances of such death.

▶ It is essentially hearsay, because one person is testifying on what another person stated. This is because the declarant can no
WHAT IS THE NATURE OF A DYING DECLARATION?

longer be presented in court to identify or confirm his statement and to be confronted with said statement by the accused and be
cross examined thereon.

▶ NECESSITY - because the declarant death makes it impossible for him to take the witness stand and
2 REASONS WHY DYING DECLARATIONS ARE ADMISSIBLE

▶ TRUSTWORTHINESS - for when a person is at the point of death, every motive for falsehood is silenced and the mind is induced
by the most powerful consideration to speak the truth.

MISCONCEPTION IN DYING DECLARATION

Q: Will the court automatically convict a person who is named by the victim in his dying declaration?
A: No. If the place where the crime occurred was dark or completely dark or his back was turned when he was hit by an unknown
assailant, it may not be possible for the victim to identify his assailant and hence his dying declaration naming a particular person to
be his killer may not be believed (because it may cause injustice).

Part of RES GESTAE

Statements made by a person while a startling occurrence is taking place or immediately prior or subsequent thereto, under the
stress of excitement caused by the occurrence with respect to the circumstances thereof, may be given in evidence as part of res
gestae. So, also, statements accompanying an equivocal act material to the issue, and giving it a legal significance, may be received
as part of the res gestae.

FACTORS TO BECOME EXPERT WITNESS

A. Training and education;
B. First hand familiarity with the facts of the case;
C. Presentation of authorities or standards from which his opinions are based.

State the rule on opinion of expert witness.

The opinion of a witness on a matter requiring special knowledge, skill, experience or training which he shown to possess, may be
received in evidence.

STATE THE RULE ON ORDINARY OPINION

General rule. — The opinion of witness is not admissible, except as indicated in the following sections.
WHEN IS OPINION OF ORDINARY WITNESS ADMISSIBLE?
The opinion of a witness for which proper basis is given, may be received in evidence regarding;
(a) The identity of a person about whom he has adequate knowledge;
(b) A handwriting with which he has sufficient familiarity; and
(c) (c)The mental sanity of a person with whom he is sufficiently acquainted.
The witness may also testify on his impressions of the emotion, behavior, condition or appearance of a person.

Burden of Proof

▶is evidence more than preponderance of evidence but less than proof beyond reasonable doubt. It is the quantum of proof
CLEAR AND CONVINCING EVIDENCE

required to prove insanity, paternity or filiation, self defense among others.

▶ it means that the testimony adduced by one side is more credible and conclusive than that of the other, or the evidence as a
PREPONDERANCE OF EVIDENCE

whole, adduced by one side is superior to the other. It is not meant the mere numerical array of witnesses, but it means the weight,
credit and value of the aggregate evidence on either side. Preponderance of evidence means evidence which is of greater weight or
more convincing than the other.
SUBSTANTIAL EVIDENCE
In cases filed before administrative or quasi-judicial bodies, a fact may be deemed established if it is supported by substantial
evidence, or that amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion.

▶ The examination of witnesses presented in a trial or hearing shall be done in open court, and under oath or affirmation. Unless
EXAMINATION OF WITNESS

the witness is incapacitated to speak, or the questions call for a different mode of answer, the answers of the witness shall be given
orally.

PROCEEDINGS TO BE RECORDED
— The entire proceedings of a trial or hearing, including the questions propounded to a witness and his answers thereto, the
statements made by the judge or any of the parties, counsel, or witnesses with reference to the case, shall be recorded by means of
shorthand or stenotype or by other means of recording found suitable by the court.
A transcript of the record of the proceedings made by the official stenographer, stenotypist or recorder and certified as correct by
him shall be deemed prima facie a correct statement of such proceedings

Rights and obligations of a witness

A witness must answer questions, although his answer may tend to establish a claim against him. However, it is the right of a
witness:
(1) To be protected from irrelevant, improper, or insulting questions, and from harsh or insulting demeanor;
(2) Not to be detained longer than the interests of justice require;
(3) Not to be examined except only as to matters pertinent to the issue;
(4) Not to give an answer which will tend to subject him to a penalty for an offense unless otherwise provided by law;

▶ The right of the person against self-incrimination. But it is not self-executing or automatically operational. It must be claimed.
THE RIGHT OF ACCUSED AGAINST SELF INCRIMINATION

Otherwise, it is considered waived, as by failure to claim it at the appropriate time. Hence, the accused must actively invoke it. The
proper time to invoke it is when a question calling for incriminating answer is asked. Note also that it applies to testimonial
compulsion only.

▶ (a)Direct examination by the proponent (also known as Examination in chief);

ORDER IN THE EXAMINATION OF WITNESS

▶ (b)Cross-examination by the opponent;

▶ (c)Re-direct examination by the proponent;
▶ (d)Re-cross-examination by the opponent.

▶Direct examination is the examination-in-chief of a witness by the party presenting him on the facts relevant to the issue.
DIRECT EXAMINATION

CROSS EXAMINATION

▶ Upon the termination of the direct examination, the witness may be cross-examined by the adverse party as to many matters
GINGOOG - IPIL

stated in the direct examination, or connected therewith, with sufficient fullness and freedom to test his accuracy and truthfulness
and freedom from interest or bias, or the reverse, and to elicit all important facts bearing upon the issue.

▶ After the cross-examination of the witness has been concluded, he may be re-examined by the party calling him, to explain or
RE DIRECT EXAMINATION

supplement his answers given during the cross-examination. On re-direct-examination, questions on matters not dealt with during
the cross-examination, may be allowed by the court in its discretion.

▶Upon the conclusion of the re-direct examination, the adverse party may re-cross-examine the witness on matters stated in his re-
RE CROSS EXAMINATION

direct examination, and also on such other matters as may be allowed by the court in its discretion.

▶After the examination of a witness by both sides has been concluded, the witness cannot be recalled without leave of the court.
RECALLING WITNESS

The court will grant or withhold leave in its discretion, as the interests of justice may require.

▶A question which suggests to the witness the answer which the examining party desires is a LEADING QUESTION.
LEADING QUESTION

Are Leading Questions allowed?

It is not allowed, Except;
a. Cross Examination;
b. Preliminary Matters;
c. When there is a difficulty in getting direct and intelligible answers from a witness who is ignorant, or a child of tender years,
or is of feeble mind, or a deaf – mute;
d. Of an unwilling or hostile witness; or
e. Of a witness who is an adverse party or an officer, director, or a managing agent of a public or private corporation or of a
partnership or association which is an adverse party.

▶A MISLEADING QUESTION is one which assumes as true a fact not yet testified to by the witness, or contrary to that which he
MISLEADING QUESTION

has previously stated. It is not allowed.

▶
IMPEACHMENT OF WITNESS
Process of discrediting a witness.
HOW TO IMPEACH A WITNESS?
A witness maybe impeached by the party against whom he was called by:
 Contradictory Evidence
 by evidence that is his general reputation for truth, honesty, and integrity is bad, or
 By evidence that he has made at other times statements inconsistent with his present testimony.

CAN YOU IMPEACH YOUR OWN WITNESS?

NO, the party producing a witness is not allowed to impeach his credibility. Except with respect to witnesses referred to in
paragraphs d (unwilling or hostile witness) and e (witness who is adverse party) of Section 10,
EXCLUSION AND SEPARATION OF WITNESSES
On any trial or hearing, the judge may exclude from the court any witness not at the time under examination, so that he may not
hear the testimony of other witnesses. The judge may also cause witnesses to be kept separate and to be prevented from conversing
with one another until all shall have been examined.
Document
Is a deed, instrument or other duly authorized paper by which something is proved, evidenced or set forth.
FOUR KINDS OF DOCUMENTS
PRIVATE DOCUMENTS- are every deed or instrument executed by a private person without the intervention of a notary public or
other persons legally authorized; by which some disposition or agreement is proved, evidenced or set forth.
COMMERCIAL DOCUMENT-any document defined and regulated by the Code of Commerce.
OFFICIAL DOCUMENT- a document which is issued by a public official in the exercise of the functions of his office.
PUBLIC DOCUMENT - is o n e t h a t is issued by government officials in the course of his or her duties, within the scope of
his or her authority, and in conformity with legal requirements.
PROOF OF PRIVATE DOCUMENT
Before any private document offered as authentic is received in evidence, its due execution and authenticity must be proved
either:

▶ Where a private document is more than thirty years old, is produced from the custody in which it would naturally be found if
ANCIENT DOCUMENT RULE

genuine, and is unblemished by any alterations or circumstances of suspicion, no other evidence of its authenticity need be given.
HOW TO PROVE GENUINESS OF HANDWRITING?
The handwriting of a person may be proved:
1. by any witness who believes it to be the handwriting of such person because he has seen the person write, or
2. by a witness who has seen writing purporting to be his upon which the witness has acted or been charged, and has thus acquired
knowledge of the handwriting of such person.
3. by a comparison, made by the witness or the court, with writings admitted or treated as genuine by the party against whom the
evidence is offered, or proved to be genuine to the satisfaction of the judge.

▶means the presentation or introduction of evidence in court. The court shall consider no evidence which has not been formally
OFFER OF EVIDENCE

offered. The purpose for which the evidence is offered must be specified.

▶ As regards the testimony of a witness, the offer must be made at the time the witness is called to testify.
WHEN TO MAKE AN OFFER OF EVIDENCE

▶ Documentary and object evidence shall be offered after the presentation of a party's testimonial evidence. Such offer shall be
done orally unless allowed by the court to be done in writing.

▶ Objection to evidence offered orally must be made immediately after the offer is made.
WHEN TO MAKE AN OBJECTION

▶ Objection to a question propounded in the course of the oral examination of a witness shall be made as soon as the grounds

▶ An offer of evidence in writing shall be objected to within three (3) days after notice unless a different period is allowed by the
therefore shall become reasonably apparent.

▶ In any case, the grounds for the objections must be specified.

court.

RES IPSA LIQUITOR

“The thing/fact/transaction speaks for itself.
A doctrine which means that where the thing shown to be under the management of the defendant, and where an accident in the
ordinary course of event does not happen when the business is properly conducted, the accident itself raises the presumption of
negligence in the absence of any.
ALIBI
 known as the weakest defense in a criminal case. It is an averment that the accused was at another place for such period of
time that it was impossible for him to have been at the place where the act was committed at the time of its commission
AFFIDAVIT OF DESISTANCE
 One where the complainant signifies his withdrawal to file or pursue a criminal case. Usually, it was done because of out of
court settlement (usually for some monetary considerations) but is tolerated by the courts.

Criminal Justice System

CHAPTER 1 TERMINOLOGIES
CRIMINOLOGY
- body of knowledge regarding crime as a social phenomenon.
- It includes within the scope the process of making laws, breaking laws and the society’s reaction towards the breaking of
the law.
Criminology (RA 11131)
- Criminology refers to the scientific study of crimes, criminals, and victims, it also deals with the prevention, and solution of
crimes.
CRIME
• General Sense
• act punishable by public law, committed and/or omitted by a competent person intentionally and/or voluntarily.
CRIME
 FELONY – violations of Revised Penal Code
 OFFENSE – violations of Special Penal Laws
 INFRACTION – violations of Ordinance
CRIMINAL
The criminal is the main character of the Criminal Justice System.
__________________________________________________________________________________________________
_____
No part of this material may be reproduced in any form without asking permission. This is for the exclusive use of St.
Louis Review Center 8
ST. LOUIS REVIEW CENTER.
the Right Choice, is Right Here… ILIGAN - MARANDING - DIPOLOG – OZAMIZ -
GINGOOG - IPIL
CRIMINAL
Criminological Sense
• A person who committed a crime regardless whether reported or referred.
Legal Sense
• A person who was found guilty beyond reasonable doubt.
NOMENCLATURES
1. At the police stage- SUSPECT
2. At the Prosecutors office-RESPONDENT
3. At the trial of the case in court-ACCUSED
4. At the Correctional Institution- CONVICT (PDL)
5. After serving sentence, brought back to community- CRIMINAL (GOPI)

JUSTICE
 Simply means giving someone what is due to him.
 Being fair and just.
Mistake in administering justice
1. Innocent is punished
2. Guilty escapes the punishment
3. Guilty are punished more severe than necessary
4. Guilty are punished less severe than necessary

TWO-FOLD ROLE OF JUSTICE

1. Prevention of Crime
2. Apprehension and delivery of justice to Criminal and the State
CRIMINAL JUSTICE
defined as the system of law enforcement, adjudication, and coercion that is directly involved in the apprehension, prosecution, and
control of those charged with criminal offense.
CRIMINAL LAW
Criminal Law is that branch of public law, which defines crimes treats of their nature, and provides punishment.
TWO CLASSIFICATIONS OF CRIMINAL LAW
A. SUBSTANTIVE
-defines the elements that are necessary for an act to constitute as a crime and therefore punishable.
B. PROCEDURAL(REMEDIAL)
-refers to a statute that provides procedures appropriate for the enforcement of the Substantive Criminal Law.

2 BASIC PRINCIPLES OF CRIMINAL LAW IN THE ADMINISTRATION OF THE CJS

1. Presumption of Innocence
2. Burden of Proof

CHAPTER 2:
BASIC CONCEPTS OF CRIMINAL JUSTICE SYSTEM
CRIMINAL JUSTICE SYSTEM
 Criminal Justice System refers to the sum total of instrumentation which a society uses in the prevention and control of
crime and delinquency.
 It refers to the machinery of the state or government which enforces the rules of conduct necessary to protect life and
property and to maintain peace and order.
 It also comprises all the means used to enforce those standards of conduct which are deemed necessary to protect
individuals and to maintain general community wellbeing.
PHILOSOPHIES BEHIND THE CJS
1. Adversarial Approach
- assumes innocence
- the prosecutor has the burden of proof
- the emphasis is given on the proper procedures
2. Inquisitorial Approach
- assumes guilt
- the accused has the burden of proof
- the emphasis is on the conviction of the accused
3. Mixed Approach
- Combination or adversarial and inquisitorial approach
- Followed in the Philippines

FIRST PILLAR: LAW ENFORCEMENT

-POLICE pillar
-prime mover of CJS
-frontline of the CJS
-initiator of the system
-first contact of the law violator
-It investigates, makes arrests and prepares evidence against the suspects needed to prosecute them.
 This pillar is comprised of the different law enforcement agencies in the country such as the Philippine National Police, the
National Bureau of Investigation, the Philippine Drug Enforcement Agency, the Bureau of Customs, the Bureau of Internal
Revenue, and the Land Transportation Office, among many others.
PHILIPPINE NATIONAL POLICE
 Organized pursuant to RA 6975, as amended by RA 8551 as further amended by RA 9708.
RELEVANT LAWS ON THE ORGANIZATION OF THE PNP:
1. RA 6975 –
“Department of the Interior and Local Government Act of 1990” approved on Dec 13, 1990
2. RA 8551 –
the “PNP Reform and Reorganization Act of 1998. approved on February 25, 1998.
3. RA 9708 –
“An Act extending for 5 years the reglementary period for complying the minimum educational qualification for appointment to
the PNP and adjusting the promotion system thereof”.
Approved on August 12, 2009
PHILIPPINE NATIONAL POLICE
-a law enforcement agency under the DILG.
-under administrative control and operational supervision of the National Police Commission.
It is an organization that is national in scope and civilian in character, as provided by Section 6, Article 16 of the 1987 Philippine
Constitution: “The state shall establish and maintain one police force which shall be national in scope and civilian in character…”
POWERS AND FUNCTIONS OF THE PNP
1. Enforce all laws and ordinances relative to the protection of lives and properties;
2. Maintain peace and order and take all necessary steps to ensure public safety;
3. Investigate and prevent crimes, effects the arrest of criminal offenders, bring offenders to justice and assist in their prosecution;
4. Exercise the general powers to make arrest, search and seizure in accordance with the Constitution and pertinent laws;
5. Detain an arrested person for a period not beyond what is prescribed by
law, informing the person so detained of all his rights under the Constitution;
6. Issue licenses for the possession of firearms and explosives in accordance with law;
7. Supervise and control the training and operations of security agencies and issue licenses to operate security agencies and to
security guards and private detectives, for the purpose of their professions.

POLICE ROLES AND FUNCTIONS IN THE SOCIETY

I. LAW ENFORCEMENT
The Philippine National Police has the power to enforce laws and ordinances relative to the protection of lives and property,
such as the Revised Penal Code, other special penal laws and city or municipal ordinances.
II. CRIME PREVENTION
Is the elimination of opportunity for the commission of a crime.
III. POLICE PATROL
Patrol has been described as the backbone of the police department. Theoretically, patrol officers are the most valuable people in
the organization.
IV. CRIMINAL APPREHENSION
The legal term for criminal apprehension is arrest.

WARRANT OF ARREST
- an order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer,
commanding him to take a person into custody in order that he may be bound to answer for the commission of an offense.
- shall remain valid until the person to be arrested has been arrested or has surrendered
CIRCUMSTANCES OF WARRANTLESS ARREST:
Arrest without warrant; when lawful. – A peace officer or a private person may, without a warrant, arrest a person:
a. When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an
offense;
b. When an offense has just been committed and he has probable cause to believe based on personal knowledge of facts or
circumstances that the person to be arrested has committed it; and
c. When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final
judgment or is temporarily confined while his case is pending, or has escaped while being transferred from one
confinement to another.

SEARCH AND SEIZURE

 Search refers to the examination of an individual’s person, house, papers or effects, or other buildings and premises to
discover contraband or some evidence of guilt to be used in the prosecution of a criminal action.
SEARCH WARRANT
- an order in writing issued in the name of the People of the Philippine, signed by a judge and directed to a peace officer,
commanding him to search for personal property described therein, and bring it before the court
- has a validity period of TEN (10) days
- can be served only once within its validity period
PERSONAL PROPERTY TO BE SEIZED
a. Subject of the offense;
b. Stolen or embezzled and other proceeds, fruits of the offense; or
c. Use or intended to be used as the means of the commission of the offense.
CIRCUMSTANCES OF WARRANTLESS SEARCH:
a. Warrantless search incidental to a lawful arrest under Sec. 12, Rule 128 Rules of Court
b. Seizure of evidence in plain view
c. Search of a moving vehicle
d. Consented warrantless search
e. Customs search
f. Stop and frisk search, and
g. Exigent and emergency circumstances

SECOND PILLAR: PROSECUTION

PROSECUTION
 Prosecution is the course of action or process whereby accusations are brought before a court of justice to determine
the innocence or guilt of he accused.
 The party in a criminal proceeding who instituted the criminal action is called the prosecution.
 The party against whom the criminal action was instituted is called the defense.
 In all criminal prosecutions, the real offended party is the People of the Philippines.

THE PROSECUTOR
The prosecutor is the officer of the government whose function is the prosecution of criminal actions partaking the nature
of criminal actions. He is also referred to as public prosecutor and fiscal.
THE NATIONAL PROSECUTION SERVICE (NPS)
Presidential Decree No. 1275
The NPS is under the supervision and control of the Department of Justice (DOJ) and is tasked as the prosecutorial arm of the
government.

PROBABLE CAUSE
Probable cause refers to the existence of such facts and circumstances as would excite a belief in a reasonable mind, acting on the
facts within the knowledge of the prosecutor, that the person charged is guilty of the crime for which he is prosecuted.
It is the degree of evidence required in preliminary investigation.
PERSONS AUTHORIZED TO CONDUCT PRELIMINARY INVESTIGATION:
a. Provincial or City Prosecutors and their assistants;
b. National and Regional State Prosecutors; and
c. Other officers as may be authorized by law.
1. Tanodbayan’s special prosecutors as authorized by the Ombudsman
2. COMELEC’s authorized legal officers in connection with election offenses
3. Special prosecutors appointed by the Secretary of Justice

COMPLAINT
- is a sworn written statement charging a person with an, offense, subscribed by the offended party, any peace officer or
other public officer charged with the enforcement of the law violated.
INFORMATION
- an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court.
Complaint or Information is sufficient
• the name of the accused;
• the designation of the offense given by the statute;
• the acts or omissions complained of as constituting the offense;
• the name of the offended party;
• the approximate date of the commission of the offense; and
• the place where the offense was committed.

INQUEST PROCEDURE
Inquest procedure is an inquiry made by the duty prosecutor to determine the legality of the arrest made especially those arrests
made without a warrant.
This process requires the prosecutors to resolve the complaint the police filed in a prescribed period which varies depending on the
gravity of the offense:

light penalties = 12 hours

correctional penalties = 18 hours

afflictive penalties = 36 hours

THIRD PILLAR: COURT

Court, as the third pillar, is said to be the centerpiece of the criminal justice system and its primary and most important function as a
component of the criminal justice system is to decide whether the accused is guilty or not guilty of the crime he is accused of
committing. It is within the power of this pillar to end the process for the accused or to proceed with the next pillar, which is
correction.

JUDICIAL POWER
is the power to apply the laws to contests or disputes concerning legally recognized rights or duties of and between the state and
the private persons or between individual litigants in cases properly brought before the judicial tribunals.

POWER OF JUDICIAL REVIEW

JURISDICTION
 It is the authority of the court to hear and try a particular offense.
CRIMINAL JURISDICTION
 It is the authority of the court to hear and try a particular offense and to impose the punishment provided by law.
VENUE
 Refers to the place, location or site where the case is to be heard on its merits.
REQUISITES FOR A VALID EXERCISE OF CRIMINAL JURISDICTION:
1. The offense is one which the court is by law authorized to take cognizance.
2. The offense must have been committed within its territorial jurisdiction.
3. have been brought to its presence for trial, forcibly, by warrant of arrest or upon his voluntary submission to the court.

KINDS OF JURISDICTION
1. General – when the court is empowered to decide all disputes which may come before it except those assigned in other
courts.
2. Limited – when the court has the authority to hear and determine only a few specified cases.
3. Original - when the court can try and hear a case presented for the first time
4. Appellate – when the court can try a case already heard and decided by a lower court, removed from the latter by appeal
5. Exclusive – when the court can try and decide a case which cannot be presented before any other court
6. Concurrent – when any of two or more courts may take cognizance of a case.

THE PHILIPPINE JUDICIARY

Batas Pambansa Blg. 129
- otherwise known as the Judiciary Reorganization Act of 1980 which defines the organization, composition and jurisdiction of the
courts.
1. Regular Courts
2. Special Courts
I. REGULAR COURTS
1. SUPREME COURT (SC)
- the highest court of the land.
- composed of a Chief Justice and 14 Associate Justices.
- has appellate jurisdiction over cases decided by the Court of Appeals and has the power of judicial review. the court of last
resort
2. COURT OF APPEALS (CA)
- headed by a Presiding Justice and composed of sixty-eight (68) Associate Justices.
- has appellate jurisdiction over cases decided by the Regional Trial Courts.
- It reviews not only the decisions and orders of the Regional Trial Courts nationwide, but also those of the Court of Tax
Appeals.
3. REGIONAL TRIAL COURTS (RTC)
- presided by a Regional Judge.
- has general jurisdiction over criminal cases and has jurisdiction over offenses punishable with imprisonment of six (6) years
and one (1) day and over.
- has appellate jurisdiction over cases decided by the MTCC, MTC, MeTC and MCTC.
4. Municipal Trial Courts/Municipal Trial Courts in Cities/Municipal Circuit Trial Court/Metropolitan Trial
Court
- Original Jurisdiction: (a) all violations of city and municipal ordinances, (b) all offenses punishable with imprisonment not
exceeding six (6) years irrespective of the amount of fine, (c)damage to property through criminal negligence.
- MUNICIPAL TRIAL COURTS (MTC) MUNICIPAL TRIAL COURTS IN CITIES (MTCC) MUNICIPAL CIRCUIT TRIAL COURTS (MCTC)
METROPOLITAN TRIAL COURTS (MeTC)
II. SPECIAL COURTS
1. SANDIGANBAYAN
- Presidential Decree No 1606.
- equal to that of the Court of Appeals and Court of Tax Appeals.
- Presiding Justice and fourteen (14) Associate Justices.
- This special court is tasked to handle criminal cases involving graft and corruption and other offenses committed by high-
ranking public officers and employees in connection with the performance of their functions.

3. SHARI’A COURTS
- created pursuant to Presidential Decree 1083, otherwise known as the Code of Muslim Personal Laws of the Philippines.
- It has exclusive jurisdiction over cases that pertain to family rights and duties as well as contractual relations of Filipino
Muslims. And decisions rendered by the Shari’a District Courts are final.
CRIMINAL PROCEEDINGS
A criminal proceeding consists of five main stages or parts:
1) Arraignment
2) Pre-trial
3) Trial
4) Judgment
5) Appeal
First Stage: ARRAIGNMENT
- the reading of the criminal complaint or information to the defendant, by the judge or clerk of court and asking him whether he
pleads guilty or not guilty as charged.
- the stage where the accused is formally informed of the charges against him
- the stage where the issues are joined in criminal action and without which the proceedings cannot advance further
- requires that the accused be personally or physically present in court.

SECOND STAGE: PRE-TRIAL

- a conference called by the judge that requires the presence of both the prosecution and the accused before the beginning
of a trial
- mandatory in all criminal cases
The following are to be taken up during the conference:
a. plea bargaining;
b. stipulation of facts;
c. marking for identification of evidence of the parties;
d. waiver of objections to admissibility of evidence;
e. modification of the order of trial if the accused admits the charge but interposes a lawful defense;
f. such other matters as will promote a fair and expeditious trial of the criminal and civil aspects of the case.
PLEA BARGAINING
 The process whereby the accused, the offended party and the prosecution work out a mutually satisfactory disposition of
the case subject to court approval.
THIRD STAGE: TRIAL
- Trial is the examination before a competent tribunal, according to the laws of the land, of the facts put in issue in a case, for the
purpose of determining such issue.
- the period for the introduction of evidence by both parties.
- it shall in no case exceed 180 days the first day of the trial, except as otherwise provided by the Supreme Court.
FOURTH STAGE: JUDGMENT
Judgment of Conviction - if the judge finds the accused guilty of the charges against him.
Judgment of Acquittal - if the judge finds the accused not guilty of the charges against him.
Promulgation of Judgment - is an official proclamation or announcement of the decision of the court. The judgment is promulgated
by reading in the presence of the accused and any judge of the court in which it was rendered.
A judgment becomes final:
a. when the period for perfecting appeal an appeal has lapsed;
b. when the sentence is partially or totally satisfied or served;
c. when the accused expressly waives in wilting his right to appeal and
d. when the accused applies for probation.
FIFTH STAGE: APPEAL
• The elevation by an aggrieved party of any decision, order or award of a lower body to a higher body, by means of a
document which includes the assignment of errors, memorandum of arguments in support thereof, and the reliefs prayed
for.

FOURTH PILLAR: CORRECTIONS

CORRECTIONS
 It is the branch of administration of criminal justice charged with the responsibility for the custody, supervision and
rehabilitation of convicted offenders. It also deals with punishment, treatment and incarceration of offenders.
It is composed of the institutional and non-institutional agencies of the government.
PENOLOGY
 A branch of criminology which deals with the treatment management and administration of inmates.
PURPOSES/OBJECTVES OF MODERN CORRECTIONS:
1. RETRIBUTION
- imprisonment is supposed to be the payment of the offender to the victim or the victim’s family for the crime he committed
against him or them.
2. DETERRENCE
- imprisonment is supposed to discourage convicted offenders from committing crimes again because of their experience in
the prison or jail.
-at the same time, imprisonment is supposed to discourage
3. ISOLATION
- Convicted offenders are separated from society to prevent them from committing another crime.
- at the same time, imprisonment protects law-abiding citizens from the harm criminals may inflict on them.
4. REFORMATION
- this involves the use of punitive and disciplinary measures such as solitary confinement to modify or reform criminal behavior
whose conduct and deportment is not totally responding to rehabilitation programs.
5. REHABILITATION
- based on the premise that through correctional intervention, such as educational and vocational training and psychotherapeutic
programs, an offender may be changed.
6. REINTEGRATION
- the effort of correction to change criminal behavior should result in a situation and ability on the part of the penitent offender to
return to society in some productive and meaningful capacity in a free community.

PENALTY
- The suffering that is inflicted by the State for the transgression of the law.
PUNISHMENT
- it is the redress that the state takes against the offender member of society.

MITTIMUS
- is a warrant issued by a court bearing its seal and the signature of the judge directing the jail or prison authorities to receive
the convicted offender for service of sentence.
COMMITMENT ORDER
- is a written order of a court or authority consigning a person to jail or prison for detention.

INSTITUTIONAL CORRECTIONS
DEVELOPMENT OF CORRECTIONS IN THE PHILIPPINES:
OLD BILIBID PRISON
- the main penitentiary was constructed in Azcarraga Street, Manila in 1847
- was formally opened on 10 April 1865 by a Royal Decree
- later, it was transferred to its new site in Muntinlupa
BUREAU OF PRISONS
- created pursuant to Act No 1407, otherwise known as the Reorganization Act of 1905, enacted on 1 November 1905, as an
agency under the Department of Commerce and Police
- was renamed Bureau of Corrections (Bucor) pursuant to Executive Order No. 292 dated 22 November 1989.
SEVEN (7) PRISONS AND PENAL FARMS IN THE PHILIPPINES
1. SAN RAMON PRISON AND PENAL FARM
2. IWAHIG PENAL COLONY
3. CORRECTIONAL INSTITUTION FOR WOMEN (CIW)
4. DAVAO PENAL COLONY

CLASSIFICATION OF PRISONERS
1. DETENTION PRISONERS - those held for security reasons, investigation, those awaiting or undergoing trial and awaiting judgment.
a. Persons held for investigation
b. Persons waiting for final judgment
c. Persons waiting for trial
d. Person held for security
2. SENTENCED PRISONERS – those convicted by final judgment and are serving their sentence
a. Municipal Jail Prisoner – 1 day to 6 months
b. City Jail Prisoner – 1 day to 3 years
c. Provincial Jail – 6 months one day to 3 years
d. National or insular Prisoners – Sentenced to 3 years 1 day to Reclusion Perpetua or Life Imprisonment.
NON-INSTITUTIONAL CORRECTIONS

BOARD OF PARDONS AND PAROLE

- grants parole and recommend to the President the grant of any form of executive clemency to deserving prisoners or individuals
- reviews reports submitted by the Parole and Probation Administration and make necessary decisions.
- a functional unit under the Department of Justice

PAROLE AND PROBATION ADMINISTRATION

- originally called Probation Administration and was created by virtue of PD 968 of 1976
- was renamed Parole and Probation Administration by EO No 292
- given the added function of supervising prisoners who, after serving part of their sentence in jails or prisons, are released on parole
with parole conditions
- an attached agency to the Department of Justice

Department of Social Welfare and Development (DSWD)

- renders services for Children in Conflict with the Law (CICL) (RA 9344, Juvenile Justice and Welfare Act of 2006, April 28, 2006).

EXECUTIVE CLEMENCY
- the collective term for absolute pardon, conditional pardon, reprieve and commutation of sentence.
1. PARDON
- is a form of executive clemency granted by the President as a privilege extended to convicts as a discretionary act of
grace.
TWO (2) KINDS OF PARDON
a. ABSOLUTE PARDON - refers to the total extinction of the criminal liability of the individual.
b. CONDITIONAL PARDON - refers to an exemption of an individual, within certain limits or conditions, from the punishment
that the law inflicts for the offense he has committed resulting in the partial extinction of his criminal liability.
2. REPRIEVE
- the temporary stay of the execution of a sentence, usually a death sentence
- another prerogative exercised by the President
- generally, applied to death sentences already affirmed by the Supreme Court
3. COMMUTATION OF SENTENCE

PAROLE
- a procedure by which prisoners are selected for release on the basis of individual response and progress within the correctional
institution and a service by which they are provided with necessary control and guidance as they serve the remainder of their
sentence within the community
- provided by Act No 4103, the Indeterminate Sentence Law, which took effect on 5 December 1933.
PROBATION
Is a disposition under which a defendant after conviction and sentence, is released subject to conditions imposed by the court and
under the supervision of a probation officer. It is a privilege granted by the court to a person convicted of a criminal offense to
remain in the community instead of actually going to prison.
- provided by Presidential Decree No 986, the Probation Law of 1976

FIFTH PILLAR: COMMUNITY

Role of the Community as the fifth pillar of the Criminal Justice System
The community is understood to mean as “elements that are mobilized and energized to help authorities in effectively addressing
the law-and-order concern of the citizenry.”

The responsibilities of the community in relation to Law Enforcement

As one of the pillars or components of the Criminal Justice System, the community with its massive membership has vital
responsibilities in law enforcement.
The citizens can achieve these roles:
(a) identifying offenders;
(b) giving data about the illegal activities and cohorts of the criminals, and the proliferation of organized crimes and syndicates;
(c) volunteering as witnesses;
(d) adopting precautionary and remedial measures to diminish crime.
Laws Governing Barangay Justice System
PD 1508
“An Act Establishing a System of Amicably Settling Disputes at the Barangay Level”
RA 7160 is otherwise known as the 1991 Local Government Code.
This gives barangays the mandate to enforce peace and order and provide support for the effective enforcement of human rights
and justice.
Batas Pambansa Blg. 337 or the 1983 Local Government Code
Katarungang Barangay (KP) is a system of justice administered at the barangay level for the purpose of amicable settling disputes
through mediation, conciliation or arbitration among the family or barangay without resorting to the courts.
General Rules
1. NO LAWYERS allowed in barangay hearings.
2. Not all cases go to the Katarungang Pambarangay.
3. Execution may be filed in court.
4. The Lupon Tagapamayapa is NOT a court
Cases Exempted in Katarungang Pambarangay
1. ONE OR BOTH PARTIES ARE JURIDICAL PERSON OR CORPORATION
2. OFFENSES INVOLVING GOVERNMENT ENTITY
3. OFFENSES WITH MAXIMUM PENALTY OF 1 YEAR AND EXCEEDING FINE FIVE THOUSAND (P5,000.00)
4. OFFENSES WITH NO PRIVATE PARTY (VICTIMLESS CRIME)
5. REAL PROPERTIES IN DIFFERENT CITIES OR MUNICIPALITIES, DISPUTES THAT NEED URGENT LEGAL ACTION, LABOR
DISPUTES, LAND DISPUTES AND ACTION TO ANNUL A JUDGMENT UPON A COMPROMISE.
Venue
1. If both parties are residents of the same barangay, before the Lupon of the barangay.
2. Different barangays but in the same municipality, in the barangay of the respondent.
3. If real property is involved, in the place of real property.
4. If it involves work, in the place of work.
Lupong Tagapamayapa

Pangkat Tagapagkasundo
Composition
Pangkat ng Tagapagkasundo is a conciliation panel constituted for each dispute brought before the Lupon. It is composed of three
(3) members who shall be chosen by the parties to the dispute from the list of members of the Lupon.
Should the parties fail to agree on the Pangkat membership, the same shall be determined by lots drawn by the Barangay Chairman.

Human Rights Education

Is defined as training, dissemination and information efforts aimed at building of universal culture of human rights.

Lesson 1: Human Rights: Definition and Characteristics

I. Definition
 Human Rights are generally defined as those rights, which are inherent in our nature, and without which, we cannot live as
human beings.
United Nation.
 Human rights are supreme, inherent and inalienable rights to life, dignity and self-development. It is the essence of
these rights that makes man human.
Philippine Commission on Human Rights.
 Human Rights are rights which necessarily spring from being a member of the human species.
 Human Rights is the inherent dignity and the equal and inalienable rights of all members of the human family as mentioned
in the Preamble of the Universal declaration on human rights.
Declaration of Human Rights (UDHR)
 Human rights are not granted by the state, nor stemmed from citizenships in a country.
 Human Rights are the aggregate of privileges, claims, benefits, entitlements, and moral guarantees that pertains to man
because of his humanity.
Terms to fonder:
 Refugee – They are people who have fled, violence, conflict or persecution and have crossed an international-boarders to
find safety in another country.
 Asylum seeker – is someone who has left their home country and formally applied for asylum in another country.
 Displaced person – are people who have fled their homes for safety, refugees, they have not crossed a border and are still
within their own country.
 Covenant - binding agreement to do or keep from doing specified thing.
 Accession – it is the act whereby a state accepts the offer or the opportunity to become a party to a treaty already
negotiated and signed by others states.
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 Apartheid- inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of
persons over any other racial group or persons and systematically oppressing them.
 Gender-based violence – refers to harmful acts directed at an individual or a group of individuals based on genders. It is
rooted in gender inequality, the abuse of power and harmful norms.
 Perfidy – an act of deliberate betrayal.
 Derogable rights – these are rights that can be suspended or restricted depending on the circumstance which we call for
the preservation of life.
International Commission on Red cross (ICRC)
 an independent, neutral organization ensuring humanitarian protection and assistance for victims of war and armed
conflict.
International humanitarian law – a set of rules that seek to limit the effects of armed conflict.
II. Nature of Human Rights
1.Human rights are inherent for they are not granted by any person, authority or law.
2. Human rights are inalienable for they cannot be just taken away from an individual such as freedom from torture.
3. Human rights are interdependent for the fulfillment of one cannot be had without the realization of the others.
4. Human rights are imprescriptible for they cannot be lost even by a long passage of time.
5. Human rights are indivisible for they are not capable of being divided.
6. Human rights are fundamental for it is what give essence to every human being and without them human life and dignity
would be meaningless such as right to liberty & security.
7. Human rights are universal for it is due to all human beings regardless of their origin, status, race, condition or place of
living.
A. Classification of human rights according to source
 Natural Rights - they are God-given rights or that which in the nature of being human so that we may live a happy life.
e.g. the right to live & to love.
 Constitutional Rights – conferred and protected by the constitution & cannot just be modified by the law-making body.
e.g. “Bill of Rights”
 Statutory Rights - granted by the law made by law making body and consequently can be taken away by the
same authority.
e.g. Right to inherit, to receive minimum wage.
B. Classification of Human Rights According to Recipient:
 Individual Rights - those accorded to individual.
 Collective Rights – those that are enjoyed by group of people. Also called as “people’s rights” or “solidarity right” such as
rights to association and rights to peacefully assemble.
C. According to Aspect of life (Primary classification of Human Rights)
1. Civil Rights - those rights which the law will enforce at the instance of private individuals for the purpose of securing to
them the enjoyment of their means of happiness.
 eg: The right to travel, to have his residence or dwelling, and the right to enter into an agreement to name a few.
2. Political Rights - those rights which enable man to participate in running the affairs of the government directly or
indirectly.
3. Economic – those which enable man to achieve economic development and financial security.
eg: The right to have a job, to receive a just compensation, the right
of minimum wage earner, to established a business, to a fair competition and others.
4. Social rights – those which enable man to achieve social development to secure their well-being and happiness.
eg: The right to form an association and to peacefully assemble. (Art III –Sec 1, 2, 3, 9, Art XIII)
5. Cultural rights – those that ensure the well-being of the individual & foster the preservation, enrichment, and dynamic
evolution of national culture.
The Three (3) Generations or Phases of Human Rights Philosophy
The First Generation (17th -18th century) also known as the Age of Enlightenment or Age of reason.
 This approach gives favors to limiting government powers and actions by establishing certain restrictions. In short, these are
the Negative Rights of people since it is geared towards prohibition.
The Second Generation (19th Century) – also known as the Socialist Tradition
 The Second Generation is focus on the Positive Human Rights which enjoin the State to perform an act or to do something
for the enjoyment of human rights.
The Third Generation (20th Century)–also called the
“Solidarity rights”.
 Included in these are the right to economic and social development; and the right to participate in and benefit from “ the
common heritage of mankind.

Stages of Human Rights

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 Idealization – this means that human rights started from the realm of ideas that reflect a consciousness against oppression,
dehumanization or abuses/inadequate performance by the state.
 Positivization– this supportsthe notion of the stage which strengthens it and incorporates them
into some legal instruments, whether for domestic or international coverage.
 Realization– it is the last stage of human rights where these rights are enjoyed by the people of the State through the
transformation of the social, economic and political orders.
Lesson 2: State Responsibilities
I. State Obligation
Basically, the state has three Obligations namely:
(1) the obligation to respect human rights,
(2) the obligation to ensure, and
(3) the obligation to protect it.
Sources and Foundation of Human Rights Law
The basic source of human rights law in the Philippines is the very constitution from of the country from:
 The 1897 Biak na Bato Constitution,
 The 1899 Malolos Constitution,
 The 1935 Constitution,
 The 1943 Constitution,
 The 1973 Constitutions,
 The 1986 Freedom Constitution that becomes the basis of the 1987 Constitution that we have at present.
ART X111, Sec. 17. HUMAN RIGHTS
 There is hereby created an independent office called the Commission on Human Rights.
EXECUTIVE ORDER NO. 163
 DECLARING THE EFFECTIVITY OF THE CREATION OF THE COMMISSION ON HUMAN RIGHTS AS PROVIDED FOR IN THE 1987
CONSTITUTION, PROVIDING GUIDELINES FOR THE OPERATION THEREOF, AND FOR OTHER PURPOSES
 May 5, 1987
Lesson 3: The Philippine Bill of Rights: Due Process and Equal Protection Clause
PREAMBLE
We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish a
Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and
secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth,
justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.
Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the
equal protection of the laws.
A. Due Process of Law
 A law that hears before it condemns; which proceeds upon inquiry, and renders judgement only after trial.
B. Equal Protection of Law
 No person or class of persons shall be deprived of the same protection of laws which is enjoyed by other persons or other
classes in the same place and in like circumstances.
Section 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and
seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except
upon probable cause to be determined personally by the judge after the examination under oath or affirmation of the complainant
and the witness he/she may produce.
Lesson 4: The Bill Rights of Rights: Privacy of Communication & Freedom of Expression
The privacy of communication and correspondence
Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when
public safety or order requires otherwise, as prescribed by law.
(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.
Privacy
 The right to be left alone. Privacy is definitely connected to the rights against unreasonable search and seizure.
The R.A. 4200 otherwise known as Anti-Wiretapping law of the Philippines disallows gathering of information that would violate
the privacy of communication and provides for certain punishment.
In the case of government officials, the Code of Conduct (R.A. 6713) and as mandated by the constitution, shall divulge their financial
information or what we called "Statement of Assets, Liabilities and Networth or SALN".
Illegally Obtained Evidence
Exclusionary Rule of Evidence - evidence that are illegally obtained or in violation of the rights of a person shall not be admissible in
evidence.
 Rationale: In order to ensure the observance of the constitution and it is the practical way to enforce the
constitutional mandates on bill of rights.
 Remedy of the owner: request the exclusion of the evidence and the return of the seizes evidences.

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The freedom of speech, of expression, or of the press.
Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or of the right of the people
peaceably to assemble and petition the government for redress of grievances.
Limitation of the Freedom of speech, expression and the press.
 Just like any other rights, there are certain restriction in order that abuses and conflict will not rise.
Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise
and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test
shall be required for the exercise of civil and political rights.
Section 6. The liberty of abode and of changing the same within the limits prescribe by law shall not be impaired except upon lawful
order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public
health, as may be provided by law.
Section 7. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to
documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for
policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.
Section 8. The right of the people, including those employed in the public and private sectors, to form unions, associations, or
societies for purposes not contrary to law shall not be abridged.
Section 9. Private property shall not be taken for public use without just compensation.
Totality of government power – it is contained in three (3) great powers namely:
 power of eminent domain;
 police power; and
 power of taxation.
Section 10. No law impairing the obligation of contracts shall be passed.
Meaning of obligations of contract - is the duty which binds the parties to perform their agreement according to its terms or intent,
if it is not contrary to law, morals, good customs, public order, or public policy.
Contract “agreement” Elements “COC”
(1) Consent;
(2) Object of the contract; and
(3) Consideration.
LESSON 5 BILL OF RIGHTS: RIGHTS OF THE PERSON ACCUSED OF A CRIME
Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by
reason of poverty.
Section 12. (1) Any person under investigation for the commission of an offense shall have the right to be informed of his right to
remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services
of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret
detention places, solitary, incommunicado, or other similar forms of detention are prohibited.
Section 3. Assisting Counsel
 Assisting counsel is any lawyer, except those directly affected by the case, those charged with conducting preliminary
investigation or those charged with the prosecution of crimes.
Lesson 6: The Anti-Torture Law
R.A. 9745 An act Penalizing torture and other cruel, inhuman and degrading treatment or punishment and prescribing penalties
thereof.
Section 3. Definitions – for the purpose of this act, the following terms shall be mean:
(a) “Torture” refers to an act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for
such purposes as obtaining from him/her or a third person information or a confession; punishing him/her for an act he/she or a
third person has committed or is suspected of having committed; or intimidating or coercing him/her or a third person; or for any
reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or
acquiescence of a person in authority or agent of a person in authority. It does not include pain or suffering arising only from,
inherent in or incidental to lawful sanctions.
(b) “Other cruel, inhuman and degrading treatment or punishment” refers to a deliberate and aggravated treatment or punishment
not enumerated, which attains a level of severity causing suffering, gross humiliation or debasement to the latter.
(c) "Victim" refers to the person subjected to torture or other cruel, inhuman and degrading treatment or punishment as defined
above and any individual who has suffered harm as a result of any act(s) of torture, or other cruel, inhuman and degrading
treatment or punishment.
(d) “Order of Battle” It refers to any document or determination made by the military, police or any law enforcement agency of the
government, listing the names of persons and organizations that it perceives to be the enemies of the state and that it considers as
legitimate targets as combatants.
Section 4. Acts of Torture. - For purposes of this Act, torture shall include, but not be limited to, the following:

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(a) Physical torture is a form of treatment or punishment inflicted by a person in authority or agent of a person in authority upon
another in his/her custody that causes severe pain, exhaustion, disability or dysfunction of one or more parts of the body, such as:
(1) Systematic beating, headbanging, punching, kicking, striking with truncheon or rifle butt or other similar objects, and jumping on
the stomach;
(2) Food deprivation or forcible feeding with spoiled food, animal or human excreta and other stuff or substances not normally
eaten;
(3) Electric shock;
(4) Cigarette burning; burning by electrically heated rods, hot oil, acid; by the rubbing of pepper or other chemical substances on
mucous membranes, or acids or spices directly on the wound(s);
(5) The submersion of the head in water or water polluted with excrement, urine, vomit and/or blood until the brink of suffocation;
(6) Being tied or forced to assume fixed and stressful bodily position;
(7) Rape and sexual abuse, including the insertion of foreign objects into the sex organ or rectum, or electrical torture of the genitals;
(8) Mutilation or amputation of the essential parts of the body such as the genitalia, ear, tongue, etc.;
(9) Dental torture or the forced extraction of the teeth;
(10) Pulling out of fingernails;
(11) Harmful exposure to the elements such as sunlight and extreme cold;
(12) The use of plastic bag and other materials placed over the head to the point of asphyxiation;
(13) The use of psychoactive drugs to change the perception, memory. alertness or will of a person, such as:
(i) The administration or drugs to induce confession and/or reduce mental competency; or
(ii) The use of drugs to induce extreme pain or certain symptoms of a disease; and
(14) Other analogous acts of physical torture.
(b) "Mental/Psychological Torture" refers to acts committed by a person in authority or agent of a person in authority which are
calculated to affect or confuse the mind and/or undermine a person's dignity and morale, such as:
(1) Blindfolding;
(2) Threatening a person(s) or his/her relative(s) with bodily harm, execution or other wrongful acts;
(3) Confinement in solitary cells or secret detention places;
(4) Prolonged interrogation;
(5) Preparing a prisoner for a "show trial", public display or public humiliation of a detainee or prisoner;
(6) Causing unscheduled transfer of a person deprived of liberty from one place to another, creating the belief that he/she shall be
summarily executed;
(7) Maltreating a member/s of a person's family;
(8) Causing the torture sessions to be witnessed by the person's family, relatives or any third party;
(9) Denial of sleep/rest;
(10) Shame infliction such as stripping the person naked, parading him/her in public places, shaving the victim's head or putting
marks on his/her body against his/her will;
(11) Deliberately prohibiting the victim to communicate with any member of his/her family; and
(12) Other analogous acts of mental/psychological torture.
Section 14. Penalties. - (a) The penalty of reclusion perpetua shall be imposed upon the perpetrators of the following acts:
(1) Torture resulting in the death of any person;
(2) Torture resulting in mutilation;
(3) Torture with rape;
(4) Torture with other forms of sexual abuse and, in consequence of torture, the victim shall have become insane, imbecile,
impotent, blind or maimed for life; and
(5) Torture committed against children.
Section 18. Compensation to victims of Torture
 Any person who shall suffered torture shall have the right to claim for compensation as provided under RA 7309; provided,
that in no case shall such compensation exceed One Thousand pesos (1,000.00) per month.
 In all other cases, the maximum amount for which the board may approved a claim shall not exceed Ten thousand pesos
(P10,000.00) or the amount necessary to reimburse the claimant the expenses incurred for hospitalization, medical
treatment, loss of wage, loss of support or other expenses directly related to the injury, whichever is lower.
LESSON 7 CONSTITUTIONAL AND STATUTORY RIGHTS OF A PERSON BEFORE, DURING AND AFTER TRIAL
Section 13. All persons, except those charged with offenses punishable by reclusion perpetua (Capital Offense) when evidence of
guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law.
The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be
required.
Section 14. (1) No person shall be held to answer for a criminal offense without due process of law.
(2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be
heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and

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public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the
production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused
provided that he has been duly notified and his failure to appear is unjustifiable.
Equipoise Rule
 It is the rule that when there is a balance between the evidence of innocence and evidence of guilt the balance shall be
resolved in favor on the presumption of innocence.
Section 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion when the public
safety requires it.
Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi- judicial, or administrative
bodies.
Section 17. No person shall be compelled to be a witness against himself.
Section 18. (1) No person shall be detained solely by reason of his political beliefs and aspirations.
(2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly
convicted.
Meaning of Involuntarily Servitude
 A condition of enforced, compulsory service of one another, it includes:
*Slavery
*Peonage
Exceptions of Prohibitions
1. When involuntary servitude is imposed as a punishment for a crime.
2. When personal military or civil service is required of citizens.
3. When injunctions requiring striking laborers to return to work.
4. When exceptional service.
5. When exercise by parents of their authority.
6. When there is proper exercise of the police power of the state.
Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall the death
penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death
penalty already imposed shall be reduced to reclusion perpetua.
(2) The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use of substandard
or inadequate penal facilities under subhuman conditions shall be dealt with by law.
Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.
Meaning of debt
 as intended to be covered by the constitutional guarantee, means any liability to pay money arising out of a contract,
express or implied.
Meaning of poll taxes
 is a tax of a fixed amount imposed on individuals residing within a specified territory, whether citizens or not, without
regard to their property or the occupation in which they may be engaged.
Section 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law
and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act.
Section 22. No ex post facto law or bill of attainder shall be enacted.
Ex post facto law
 Makes an act done before the passage of the law, innocent when done, criminal, and punishes such act; or
 Aggravates a crime or makes it greater than when it was committed; or
 Changes the punishment and inflicts a greater punishment than what a law annexed to the crime when committed; or
 Alters the legal rules of evidence, and receives less testimony than or different testimony from what the law required at the
time of the commission of the offense, in order to convict the offender.
Bill of Attainder
 Is a legislative act which inflicts punishment without judicial trial.

Isaiah 60:20 When the time is right, I, the Lord, will make it happen.

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▶REVISED RULES ON EVIDENCE

▶A.M. No. 19-08-15-SC

MANDATORY JUDICIAL NOTICE

DISCRETIONARY JUDICIAL NOTICE

▶are capable to unquestionable demonstration, or

BEST EVIDENCE RULE DEFINED

▶a person who makes a statement to a judicial tribunal on a question of fact.

WHAT ARE THE QUALIFICATIONS OF A WITNESS?

THINGS THAT DO NOT DISQUALIFY A WITNESS

▶ in a civil case by one against the other, or

The following persons cannot testify as to matters learned in confidence:

WHAT IS PARENTAL AND FILIAL PRIVILEGE?

WHAT IS THE EFFECT OF COMPROMISE IN CRIMINAL CASES?

RES INTER ALIOS ACTA ALTERI NOCERE NON DEBET RULE

BRANCH I - ADMISSIONS BY A 3RD PARTY

▶it may refer to:

▶The body of the crime or;

What are INTERLOCKING CONFESSIONS?

State the rule on DYING DECLARATIONS

MISCONCEPTION IN DYING DECLARATION

Part of RES GESTAE

FACTORS TO BECOME EXPERT WITNESS

State the rule on opinion of expert witness.

STATE THE RULE ON ORDINARY OPINION

required to prove insanity, paternity or filiation, self defense among others.

Rights and obligations of a witness

▶ (a)Direct examination by the proponent (also known as Examination in chief);

▶ (b)Cross-examination by the opponent;

Are Leading Questions allowed?

has previously stated. It is not allowed.

CAN YOU IMPEACH YOUR OWN WITNESS?

▶ In any case, the grounds for the objections must be specified.

RES IPSA LIQUITOR

Criminal Justice System

TWO-FOLD ROLE OF JUSTICE

2 BASIC PRINCIPLES OF CRIMINAL LAW IN THE ADMINISTRATION OF THE CJS

FIRST PILLAR: LAW ENFORCEMENT

POLICE ROLES AND FUNCTIONS IN THE SOCIETY

SEARCH AND SEIZURE

SECOND PILLAR: PROSECUTION

light penalties = 12 hours

correctional penalties = 18 hours

afflictive penalties = 36 hours

THIRD PILLAR: COURT

POWER OF JUDICIAL REVIEW

THE PHILIPPINE JUDICIARY

SECOND STAGE: PRE-TRIAL

FOURTH PILLAR: CORRECTIONS

BOARD OF PARDONS AND PAROLE

PAROLE AND PROBATION ADMINISTRATION

Department of Social Welfare and Development (DSWD)

FIFTH PILLAR: COMMUNITY

The responsibilities of the community in relation to Law Enforcement

Human Rights Education

Lesson 1: Human Rights: Definition and Characteristics

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