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I. General Principles of Criminal Law (Book I)

1. What is the principle of territoriality and what are its exceptions?

The penal laws of the country have force and effect only within its territory. Its exceptions are: (1)
offenses committed while on a Philippine ship or airship; (2) forging or counterfeiting of any coin or
currency or note of the Philippine Islands or obligations and securities issued by the Government
of the Philippine Islands; (3) when the offender is liable for acts connected with the introduction into
these islands of the obligations and securities mentioned in the preceding number; (4) commission
of public officers or employees of an offense in the exercise of their functions; or (5) crimes against
national security and the law of the nations. (Art. 2, RPC)

2. Differentiate between Aberratio Ictus, Error in Personae, and Praeter Intentionem.

Aberratio Ictus Error in Personae Praeter Intentionem
Mistake in identity Mistake in blow Greater injury results
The offender committed the act, The offender intended to inflict The offender inflicted harm
but there is a mistake harm to one person but the on the victim but the
in ascertaining the identity of injury was inflicted to another. resulting injury was greater
the victim. that what was intended.
Two persons involved: The Three persons involved: The Two persons involved: The
offender and the victim. offender, the intended victim offender and the victim.
and the actual victim.

3. What are the elements of an Impossible Crime?

The elements are: (a) the act performed would have been an offense against persons or property;
(b) the act was done with evil intent; (c) accomplishment is inherently impossible or means
employed is either inadequate or ineffectual; and (d) act performed should not constitute a violation
of another provision of the RPC. (Reyes, Revised Penal Code, p. 84)

4. AA and BB conspired to kill CC. BB struck the head of CC with a piece of firewood, took a
bolo, and hacked CC’s body. Thinking that CC is already dead as AA saw him fell in the
ground, AA sliced open his chest which resulted in the death of CC. Did AA commit an
impossible crime?
No. AA’s opinion of the victim’s death was arrived merely by looking at his body on the floor. No
other act was done to ascertain the victim’s death. Hence, AA failed to prove the impossibility of
killing a person, an element of an impossible crime. (People v. Callao, G.R. No. 228945, March 14, 2018,
Caguioa)

5. Differentiate Complex or Compound Crime and Special Complex Crime.

Complex or Compound Crime Special Complex Crime
The combination of the offenses is not specified but The composition of the offenses is
generalized, that is, grave and/or less grave, or one offense fixed by law.
being the necessary means to commit the other.
The penalty is that corresponding to the most serious The penalty for the specified
offense, to be imposed in the maximum period. combination of crimes is specific.
A light felony that accompanies the commission of a A light felony that accompanies a
complex or compound crime may be the subject of a composite crime is absorbed.
separate information.
(People v. Villaflores, G.R. No. 184926, April 11, 2012)
6. Does the act of drawing of a knife constitute unlawful aggression to justify self-defense?
No. It exists when there is an actual, sudden, unexpected or imminent danger but a mere
threatening or intimidating action will not suffice. The mere drawing of a knife by the victim does
not constitute unlawful aggression as the peril sought to be avoided by the accused is uncertain
and premature. (People vs. Siega, G.R. No. 213273, June 27, 2018, J. Caguioa)

7. What is treachery?
There is treachery when the offender employs means and methods which directly and specially
insure the execution of the act without risk to himself arising from the defense which the victim
might have made. It does not always follow that if the attack was sudden and unexpected, it should
necessarily be deemed as an attack attended with treachery. Wounds showing that the attack was
frontal indicate that the deceased was not totally without opportunity to defend himself. (People vs.
Ricky Gonzales y Cos, G.R. No. 218946, September 5, 2018, J. Caguioa)

8. What are the elements of treachery?

The elements of treachery are as follows: (a) the assailant employed means, methods or forms in
the execution of the criminal act which give the person attacked no opportunity to defend himself
or to retaliate; and (b) said means, methods or forms of execution were deliberately or consciously
adopted by the assailant. (People vs. Angel Guro y Combo, G.R. No. 230619, April 10, 2019, J. Caguioa)

9. When does an offender of the crime of theft, swindling or malicious mischief not incur
criminal liability?
When committed or caused mutually by the following persons: (a) spouses, ascendants and
descendants, or relatives by affinity in the same line, (b) the widowed spouse with respect to the
property which belonged to the deceased spouse before the same shall have passed into the
possession of another; and (c) brothers and sisters and brothers-in-law and sisters-in-law, if living
together. (Article 332, RPC)

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10. Distinguish Relationship and Intoxication as alternative circumstances.
Relationship The offended party is the spouse, ascendant, descendant, legitimate, natural, or
adopted brother or sister, or relative by affinity in the same degrees of the
offender.
Intoxication Mitigating circumstance if not habitual or subsequent to the plan to commit said
felony, and aggravating circumstance if habitual or intentional. (Article 15, RPC)

11. Distinguish Ordinary Mitigating and Privileged Mitigating

Ordinary Privileged
Susceptible of being offset by any aggravating Cannot be offset by aggravating
circumstance. circumstances.
If not offset by an aggravating circumstance, it Produces the effect of imposing upon the
produces only the effect of applying the penalty offender the penalty lower by one or two
provided by law for the crime in its minimum period, degrees than that provided by law for the
in case of divisible penalty. crime.
(Reyes, Revised Penal Code, p. 251)

12. Distinguish Qualifying Aggravating Circumstances and Generic Aggravating

Circumstances.
Qualifying Generic
Serves not only to give the crime its proper and Serves to increase the penalty which
exclusive name but also to place the author thereof should be imposed upon the accused to
in such a situation as to deserve no other penalty the maximum period, but without
than that specially prescribed by law for said crime. exceeding the limit prescribed by law.
Cannot be offset by a mitigating circumstance. Can be offset by a mitigating
circumstance.
Must be alleged in the information. If not alleged, it Even if not alleged in the information, may
is deemed a generic aggravating circumstance be proven during the trial over the
only. objection of the defense and may be
appreciated in imposing the sentence.
(Reyes, Revised Penal Code, p. 251)

13. Distinguish Recidivism, Habituality, Quasi-recidivism, and Habitual Delinquency.

Recidivism Habituality Quasi-recidivism Habitual deliquency
A recidivist is one The offender has Before beginning to If within a period of
who, at the time of been previously serve his sentence, ten years from the
his trial for one crime, punished by an or while serving the date of his release or
shall have been offense to which the same after having last conviction of the
previously convicted law attaches an equal been convicted by crimes of serious or
by final judgment of or greater penalty or final judgment, less serious physical
another crime for two or more commits a felony. injuries, robo, hurto,
embraced in the crimes to which it estafa or falsification,
same title of this attaches a lighter he is found guilty of
Code. penalty. any if said crimes a
third time or oftener.
It is enough that a It is necessary that There is final There is final
final judgment has the offender shall judgment in the first judgment or the
been rendered in the have served out his offense but the offender has been
first offense. sentence for the first sentence has not yet released for the first
offense. been served out. offense.
Previous and Previous and Any offense. Only the crimes of
subsequent offenses subsequent offenses serious or less
are included in the must not be serious physical
same title. embraced in the injuries, robo, hurto,
same title. estafa or falsification
are involved.
An aggravating Not always an Special aggravating Extraordinary
circumstance. aggravating circumstance. aggravating
circumstance. circumstance.
(Reyes, Revised Penal Code, p. 384)

14. Who are liable as principal, accomplice or accessory?

Principal a. Those who take a direct part in the execution of the act;
b. Those who directly force or induce others to commit it;
c. Those who cooperate in the commission of the offense by another act without
which it would not have been accomplished. (Article 17, RPC)
Accomplice Those persons who, not being considered as principal in Art. 17, cooperate in the
execution of the offense by previous or simultaneous acts. (Article 18, RPC)
Accessory Those who, having knowledge of the commission of the crime, and without having
participated therein, either as principals or accomplices, take part subsequent to
its commission in any of the following manners:
a. By profiting themselves or assisting the offender to profit by the effects of the
crime.
b. By concealing or destroying the body of the crime, or the effects or instruments

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 thereof, in order to prevent its discovery.
c. By harboring, concealing, or assisting in the escape of the principal of the
crime, provided the accessory acts with abuse of his public functions or whenever
the author of the crime is guilty of treason, parricide, murder, or an attempt to
take the life of the Chief Executive, or is known to be habitually guilty of some
other crime. (Article 19, RPC)

15. What is conspiracy and proposal to commit conspiracy?

Conspiracy Proposal to Commit Conspiracy
A conspiracy exists when two or more persons There is a proposal when the person who has
come to an agreement concerning the decided to commit a felony proposes its
commission of a felony and decide to commit it. execution to some other person or persons.
(Art. 8, RPC)

16. AAA and BBB approached CCC. AAA stabbed CCC on the chest with a big knife while BBB
was positioned at the back of CCC. CCC was able to run away but AAA and BBB gave chase.
Thereafter, AAA and BBB scampered away. Is there conspiracy and thus BBB is liable as a
co-principal in the crime of murder?
Yes. Conspiracy is the unity of purpose and intention in the commission of a crime. It may be
inferred from the conduct of the accused before, during and after the commission of the crime,
where such conduct reasonably shows community of criminal purpose or design. The conduct of
AAA and BBB in approaching CCC, stabbing him and running after him indubitably shows that they
had agreed to kill him. (People vs. Aquil Pilpa y Dipaz, G.R. No. 225336, September 5, 2018, J. Caguioa)

17. What are penalties under the Revised Penal Code?

Full Range Minimum Medium Maximum
Reclusion 14 yrs, 8 mos. & 1
12 yrs. & 1 12 yrs. & 1 day to 17 yrs, 4 mos. &
temporal day to 17 yrs. & 4
day to 20 yrs. 14 yrs. & 8 mos. 1 day to 20 yrs.
mos.
Prision Mayor 6 yrs. & 1 day 6 yrs. & 1 day to 8 yrs. & 1 day to 10 yrs. & 1 day
to 12 yrs. 8 yrs. 10 yrs. to 12 yrs.
Prision 2 yrs., 4 mos. & 1
6 mos. & 1 6 mos. & 1 day to 4 yrs., 2 mos. &
correccional day to 4 yrs. & 2
day to 6 yrs. 2 yrs. & 4 mos. 1 day to 6 yrs.
mos.
Arresto Mayor 1 mo. & 1 day 2 mos. & 1 day to 4 mos. & 1 day
1 to 2 mos.
to 6 months. 4 mos. to 6 mos.
Arresto Menor 1 to 30 days. 1 to 10 days. 11 to 20 days. 21 to 30 days.

18. What is the penalty to be imposed to a person under 18 years of age?

Age Effect
15 and below.
Above 15 but under 18, without Exempt from criminal liability.
discernment.
Above 15 but under 18, with discernment. Appreciated as privileged mitigating circumstance.
(Art. 68, RPC)

19. What is Indeterminate Sentence Law?

It provides for an indeterminate sentence which has a minimum and maximum term. After the
prisoner has served the minimum term depending upon his conduct and behavior during service of
sentence in jail, he may be released on parole. The law, therefore, encourages the prisoner to
reform. Once released on parole, provided the conditions are not violated, he will no longer serve
the remainder of the sentence.

20. When is Indeterminate Sentence Law not applicable?

a. Those convicted with death penalty or life imprisonment
b. Those convicted of treason, conspiracy, or proposal to commit treason,
c. Those convicted of misprision of treason, rebellion, sedition, or espionage
d. Those convicted of piracy
e. Habitual delinquents
f. Those who have escaped confinement or evaded sentence
g. Those that violated the conditional pardon
h. Those whose maximum term of imprisonment does not exceed 1 year
i. Those already sentenced with final judgment at the time of the approval of the act (Sec 4,
ISLAW)

21. How is the Indeterminate Sentence Law applied?

For Offenses punished by RPC For Offenses punished by Special Laws
Step 1: Get the Maximum Term: The properly
imposed penalty after determination of attending Proper penalty is between the minimum and
circumstances pursuant to Art 64, RPC. maximum penalty/sentence fixed by law.
Step 2: Get the Minimum Term: One degree Offsetting is not applicable.
lower than that imposed by the RPC, the period For Offenses punished by Special Laws
of which is upon the discretion of the Court.
(Sec. 4, ISLAW)

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 NOTE: Rule of Offsetting
Mitigating Aggravating Imposable Maximum Term
0 0 Medium Period
1 Ordinary 0 Minimum Period
0 1 Generic Maximum Period
2 or more Ordinary 0 One (1) Degree Lower
When there are both mitigating and aggravating Offset those of one class against the other according to their
weight
2 or more Ordinary 1 Generic Minimum Period
2 Ordinary 2 Generic Medium Period
No penalty greater than that prescribed shall be imposed, regardless of the number and nature of aggravating
circumstances (Art. 64, RPC)
0 2 or more Generic Maximum Period
1 Ordinary 3 Generic Maximum Period

22. The crime charged was Frustrated Homicide with one mitigating circumstance. Compute
the penalty to be imposed applying the Indeterminate Sentence Law.

Maximum Period: The penalty for Homicide is reclusion temporal. Since the crime is at the
frustrated stage, the penalty shall be reduced to one degree lower, which is Prision Mayor. Since
one mitigating circumstance is present, the maximum term shall be Prision Mayor in its Minimum.

Minimum Period: The penalty lower in degree to Prision Mayor in its Minimum is Prision
Correccional in its Mininum, which shall be the minimum term applying the Intederminate Sentence
Law.

Hence, the accused should be sentenced to a Minimum Term of Prision Correccional in its
minimun, and a Maximum Term of Prision Mayor in its minimum.

23. Explain the Three-fold Rule.

Under the three-fold rule, the maximum duration of the convict's sentence shall not be more than
three-fold the length of time corresponding to the most severe of the penalties imposed upon him.
This rule applies if a convict has to continuously serve at least four sentences. If the culprit has to
serve two or more penalties, he shall serve them simultaneously if the nature of the penalties will
permit. Otherwise, the penalties shall be served successively on the order of their severity. (Reyes,
Revised Penal Code, p. 748)

24. Is it an absolute rule that probation will not be entertained if the defendant has already
perfected an appeal from the judgment of conviction?
No. It is true that under the probation law the accused who appeals "from the judgment of
conviction" is disqualified from availing himself of the benefits of probation. However, if the trial
court convicts the accused and imposes a penalty which is non-probationable, and the appellate
court renders judgment of conviction for a lesser crime where the penalty imposed is probationable,
the accused will be allowed to apply for probation. In a real sense, the finding of guilt by the
appellate court is an original conviction that for the first time imposes on the accused a
probationable penalty. (Colinares v. People [En Banc], G.R. No. 182748, December 13, 2011)

25. Under the Community Service Act, the defendant may serve his sentence through
community service, in lieu of service in jail, in what penalties is this applicable?
It is applicable to the penalties of arresto menor and arresto mayor. (Sec. 3, RA 11362)

26. Distinguish intervention from diversion.

Intervention Diversion
Refers to a series of activities which are designed to Refers to an alternative, child-appropriate
address issues that caused the child to commit an process of determining the responsibility
offense. It may take the form of an individualized and treatment of a child in conflict with the
treatment program which may include counseling, law on the basis of his/her social, cultural,
skills training, education, and other activities that will economic, psychological or educational
enhance his/her psychological, emotional and background without resorting to formal
psycho-social well-being. court proceedings. (Sec. 4, RA 9344)

27. Enumerate the instances of partial and total extinguishment of criminal liability.
Partial Extinction Total Extinction
a. By conditional a. By the death of the convict, as to the personal penalties and as
pardon; to pecuniary penalties, liability therefor is extinguished only
b. By commutation of when the death of the offender occurs before final judgment.
the sentence; and b. By service of the sentence;
c. For good conduct c. By amnesty, which completely extinguishes the penalty and all
allowances which the its effects;
culprit may earn while d. By absolute pardon;
he is undergoing e. By prescription of the crime;
preventive f. By prescription of the penalty;
imprisonment or g. By the marriage of the offended woman, as provided in Article
serving his sentence. 344 of this Code. (Art. 89, RPC)
(Art. 94, RPC) h. As an effect of final discharge of probation. (Sec 16, PD968, as
amended by RA10707)

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 28. Does the death of the accused pending appeal extinguish his civil liability?
It only extinguishes his civil liability directly arising from and based solely on the offense committed,
i.e., civil liability ex delicto. (Hernandez v. People, G.R. No. 205871, September 28, 2016)

29. Can novation extinguish criminal liability?

Novation is not a ground under the law to extinguish criminal liability. The novation theory may
Novation is not a mode of extinguishing criminal liability under the penal laws of the country. Only
the. State may validly waive the criminal action against an accused. Novation is relevant only to
determine if the parties have meanwhile altered the nature of the obligation prior to the
commencement of the criminal prosecution in order to prevent the incipient criminal liability of the
accused. (Degaños v. People, G.R. No. 162826, October 14, 2013)

II. Felonies under the Revised Penal Code (Book II)

30. Distinguish Highway Robbery from Robbery Committed on a Highway.

Highway Robbery (PD No. 532) Robbery Committed on a Highway
Perpetrated by outlaws indiscriminately against any Committed by persons who are not
person on Philippine highways. members of the proscribed lawless
elements or directed only against a
specific, intended, or preconceived
victim.
(People v. Laurente [En Banc], G.R. No. 116734, March 29, 1996)

31. Is there a crime of Estafa through the falsification of private documents?

No. An element of the crime of falsification of private documents is damage or intent to cause
damage. Thus, when the act of falsifying a private document causes damage to another, only the
crime of falsification under Article 172 of the Revised Penal Code is committed. (Reyes, 2017)

32. When is the crime of use of falsified document and the crime of falsification committed?
In the crime of use of falsified document, the person who used the forged document is different
from the one who falsified it such that if the one who used the falsified document is the same person
who falsified it, the crime is only falsification and the use of the same is not a separate crime.
Falsification of a public document and use of false document by the same person who falsified it
constitute but a single crime of falsification. (Jayme vs. People, G.R. No. 248827, August 27, 2020)

33. Distinguish Malversation and Technical Malversation.

Malversation Technical Malversation
The offender misappropriates public funds The public officer applies public funds under his
for his own personal use or allows any administration not for his or another's personal use,
other person to take such public funds for but to a public use other than that for which the fund
the latter's personal use. (Art. 217, RPC) was appropriated by law or ordinance. (Art. 220, RPC)

34. AAA, the mayor, and BBB were accused of Malversation through Falsification of Public
Documents. Among the names of contracted laborers appearing on the payroll purportedly
working on the Ring Weeding of the Tree Park and Orchard Project of the municipality were
two persons found to be dead. AAA’s signature appeared above the printed word “Foreman
or Timekeeper” which he claims is within his capacity as a mayor. Are AAA and BBB liable
for the crime of Malversation through Falsification of Public Document?
No. The elements of Malversation through Falsification of Public Documents pursuant to the RPC
are: (1) the offender is a public officer; (2) the offender has custody or control of funds or property
by reason of the duties of his office; (3) the funds or property involved are public funds or property
for which the offender is accountable; and (4) the offender has appropriated, taken or
misappropriated, or has consented to, or through abandonment or negligence, permitted the taking
by another person of, such funds or property. What is necessary for conviction is sufficient proof
that the accountable officer had received public funds, that he did not have them in his possession
when demand therefor was made, and that he could not satisfactorily explain his failure to do so.
While demand is not an element of Malversation, it is a requisite for the application of the
presumption. Since nowhere was the fact of demand shown, the burden of evidence was never
shifted to the accused and thus the prosecution had the burden to prove Malversation by direct
evidence. There was insufficient proof to satisfy the fourth element. (Maamo vs. People, G.R. No. 201917,
December 1, 2016, J. Caguioa)

35. Does the receipt of a public prosecutor of a “balato” constitute the crime of Direct Bribery?
No. Direct bribery as defined in Article 210 of the Revised Penal Code consists of the following
elements: (1) that the accused is a public officer; (2) that he received directly or through another
some gift or present, offer or promise; (3) that such gift, present or promise has been given in
consideration of his commission of some crime, or any act not constituting a crime, or to refrain
from doing something which is his official duty to do; and (4) that the crime or act relates to the
exercise of his functions as a public officer. The third element is wanting. While a prosecutor's
receipt of a "balato" from a party litigant may indeed be reprehensible from the lens of public
service, such act, at the end of the day, is not punishable as Direct Bribery. (Catubao vs. Sandiganbayan,
G.R. No. 227371, October 2, 2019, J.Caguioa)

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36. Some members of Group A were chased and stoned by some members of Group B. Upon
reaching their house, they told the rest of Group A what happened. XX, a member of Group
A ran to Group B’s house. YY hit XX on the head with a steel pipe and proceeded to hit the
other members of Group A. Group A attacked Group B, who were not able to fight back and
defend themselves. Is YY liable for physical injuries inflicted in a tumultuous affray?
No. He is liable for less serious physical injuries, and not physical injuries inflicted in a tumultuous
affray. Clearly, this was a definite attack on Group B by the Group A, an identified group, and not
a case of tumultuous affray where the assault occurred in a confused and disorganized manner,
resulting in death or injuries of the ones involved, and the person responsible could not be
determined. (Lacson vs. People, G.R. No. 243805, September 16, 2020)

37. Can the loss of a tooth be considered as a deformity which will impose a graver penalty
upon the offender?
Yes. It is conceded that there may be cases where the loss of teeth would cause a physical
deformity that can no longer be remedied by science. In those instances, it should be the duty
of courts to impose the proper, and graver, penalties required by the law. Trial courts should
consider all the factual circumstances surrounding the injury and the resulting consequences.
(Ruego v. People, G.R. No. 226745, May 3, 2021)

38. Explain the crimes committed vis-à-vis the age of the offended party.
Crime Committed Under 12 years of age or 12 years of age to Acts of
demented 17 years of age or Lasciviousness
18 years of age
under special
circumstances
Acts of Acts of Lasciviousness under Lascivious conduct Not applicable.
Lasciviousness Article 336 of the RPC in under Section 5(b) of
committed against relation to Section 5(b) of R.A. R.A. No. 7610:
children exploited in No. 7610: reclusion temporal reclusion temporal in
prostitution or other in its medium period. its medium period to
sexual abuse. reclusion perpetua.
Sexual Assault Sexual Assault under Article Lascivious Conduct Not applicable.
committed against 266-A(2) of the RPC in under Section 5(b) of
children exploited in relation to Section 5(b) of R.A. R.A. No. 7610:
prostitution or other No. 7610: reclusion temporal reclusion temporal in
sexual abuse. in its medium period. its medium period to
reclusion perpetua
Sexual Intercourse Rape under Article 266-A(1) Sexual Abuse under Not applicable.
committed against of the RPC: reclusion Section 5(b) of R.A.
children exploited in perpetua, except when the No. 7610: reclusion
prostitution or other victim is below 7 years old in temporal in its
sexual abuse. which case death penalty medium period to
shall be imposed. reclusion perpetua.
Rape by carnal Rape under Article 266-A(1) Rape under Article Rape under
knowledge. in relation to Art. 266-B of the 266-A(1) in relation Article 266-A(1)
RPC: reclusion perpetua, to Art. 266-B of the of the RPC:
except when the victim is RPC: reclusion reclusion
below 7 years old in which perpetua. perpetua.
case death penalty shall be
imposed.
Rape by Sexual Sexual Assault under Article Lascivious Conduct Sexual Assault
Assault. 266-A(2) of the RPC in under Section 5(b) of under Article
relation to Section 5(b) of R.A. R.A. No. 7610: 266-A(2) of the
No. 7610: reclusion temporal reclusion temporal in RPC: prision
in its medium period. its medium period to mayor.
reclusion perpetua.
(People v. Tulaga [En Banc], G.R. No. 227363, March 12, 2019)

39. Distinguish Child Abuse, Rape, and Acts of Lasciviousness.

Child Abuse Rape Acts of Lasciviousness
The accused commits an act of The accused has carnal The accused commits any act of
sexual intercourse or lascivious knowledge of another lasciviousness or lewdness.
conduct. (Sec 5, RA7610) person. (Art. 266-A, RPC) (Art 336, RPC)

40. How is Rape classified?

Rape by Sexual Intercourse Rape by Sexual Assault
Committed by a person who shall Committed by a person by inserting his penis into another
have carnal knowledge of person’s mouth or anal orifice, or any instrument or object,
another person. into the genital or anal orifice of another person.
The victim is a woman. The victim may be a man or a woman.
The offender is a man. (Art. 266-A The offender may be a man or a woman. (Article 266-A (2), RPC)
(1), RPC, as amended by RA 11648)

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41. What is the crime committed by a person who has carnal knowledge with a mental retardate?
When the victim is a mental retardate whose mental age is that of a person below 12 years old, the
rape should be classified as statutory rape under Article 266-A, paragraph 1 (d) of the RPC, as
amended and not rape against person deprived of reason under paragraph 1(b) of the RPC . (People
v. XXX, G.R. No. 242684, February 17, 2021, Caguioa)

42. Is knowledge about the mental condition of the rape victim material to the liability of the
offender?
No. The accused's knowledge of the victim's mental retardation is not an element for the charge of
rape. The RPC, as amended, punishes the rape of a mentally disabled person regardless of the
perpetrator's awareness of his victim's mental condition. Notably, proof that the accused knew of
the victim's mental, disability is important only for purposes of qualifying the charge of rape, under
Article 266-B (paragraph 10) which imposes the death penalty if the offender knew of the victim's
mental disability at the time of the commission of the rape. This being said, ignorance of the victim's
mental condition will not in any way exonerate the offender from the crime. (People v. Martinez, G.R.
226394, March 7, 2018)

43. Distinguish rape, complex crime of forcible abduction with rape, and special complex crime
of kidnapping with rape.
Rape Complex crime of forcible Special complex crime of
abduction with rape kidnapping with rape
The main objective of the Forcible abduction is a The accused abducted the victim
accused is to rape the necessary means to commit without clear manifestation of lewd
victim. Forcible abduction rape. If multiple rapes were design, hence the crime of
or kidnapping being only committed, forcible abduction kidnapping, and as a consequence
incidental to the will be considered as a of such kidnapping, the victim was
commission of rape, is necessary means to commit raped. Multiple rapes will be
absorbed. the first rape but not the considered as a component of this
subsequent rapes. special complex crime
Offender dragged victim The victim was brought to a The offender abducted the victim,
to place where there are place at a considerable during which there was no showing
no other persons to distance from the place where that he was motivated by lewd
witness the incident, and she was abducted (People v. design, then transported her to a
there raped the victim. Jose [En Banc], G.R. No. L-28232, house and raped her several
(People v. Almanzor [En Banc], February 6, 1971) times. (People vs. Mirandilla, Jr., G.R. No.
G.R. No. 124916, July 11, 2002) 186417, July 27, 2011)

44. What is the effect of the use of an unlicensed firearm in the commission of the crime of
homicide?
Such use of an unlicensed firearm shall be considered as an aggravating circumstance (Section 1,
RA 8294)

45. What are the requisites to establish the aggravating circumstance of use of unlicensed
firearm?
a. The existence of the subject firearm; and
b. The fact that the accused who owned or possessed the gun did not have the corresponding
license or permit to carry it outside his residence. (Salonga vs. People, G.R. No. 218466, January
23, 2017)

46. When is the special complex crime of robbery with homicide committed?
In robbery with homicide, the original criminal design of the malefactor is to commit robbery, with
homicide perpetrated on the occasion or by reason of the robbery. The intent to commit robbery
must precede the taking of human life. The homicide may take place before, during or after the
robbery. It is immaterial that the death would supervene by mere accident; or that the victim of
homicide is other than the victim of robbery, or that two or more persons are killed or that aside
from the homicide, rape, intentional mutilation, or usurpation of authority, is committed by reason
or on the occasion of the crime. Likewise immaterial is the fact that the victim of homicide is one of
the robbers; the felony would still be robbery with homicide. All the felonies committed by reason
of or on the occasion of the robbery are integrated into one and indivisible felony of robbery with
homicide. The word "homicide" is used in its generic sense. Homicide, thus, includes murder,
parricide, and infanticide. (People v. De Jesus [En Banc], G.R. No. 134815, May 27, 2004)

47. Explain the Canturia principle and its applicability.

If one of the perpetrators of robbery is not aware of the commission of rape by his co-perpetrator,
he is only liable for robbery and not robbery with rape. (People v. Canturia, G.R. No. 108490, June 22, 1995).
Such lack of awareness as a defense likewise applies to kidnapping and serious illegal detention
with rape (People v. Anticamara, G.R. No. 178771, June 8, 2011).

48. Should complete penetration be required for robbery with rape to be committed?
No. The slightest penetration is sufficient. As long as the attempt to insert the penis results in
contact with the lips of the vagina, even without rupture or laceration of the hymen, the rape is
consummated. (People v. Agan, G.R. No. 228947, June 22, 2020)

49. Is there arson with homicide?

Yes. As such, the elements of the crime are: (a) there is intentional burning; and (b) what is

8
 intentionally burned is an inhabited house or dwelling. In People v. Gil, appellant therein was
convicted of the crime of arson with homicide for willfully setting fire to a residential house by
pouring kerosene on a mattress and igniting it with a lighter, directly and immediately causing the
death of the person occupying the same. Here, we emphasize the death similarly caused by
appellant in deliberately burning the inhabited house of Parcon. Thus, she should likewise be
convicted of arson with homicide. (People v. Aubrey Soria, G.R. No. 248372, August 27, 2020)

50. Are barangay kagawads and barangay tanods liable for arbitrary detention if they arrested
a person without lawful cause?
No. Arbitrary detention is committed by a public officer, who has the authority to arrest and detain
a person. A barangay kagawad and barangay tanod are public officers; but they have no authority
to arrest. (Duropan vs. People, G.R. No. 230825, June 10, 2020)

51. If the finder surrenders lost property to a policeman, and the policeman fails to deliver the
lost property to the owner, is the policeman liable for theft?
Yes. The policeman acquires the position occupied by the finder and thus he becomes a finder
himself. Thus, if he fails to deliver the lost property to the owner, he is liable for theft. (Pante vs. People,
G.R. No. 218969, January 18, 2021)

52. Distinguish Qualified theft and Estafa by misappropriation or conversion.

Qualified theft Estafa by misappropriation or conversion
The offender has material possession of the The offender has material and juridical
property. possession of the property.
(Tan v. People, G.R. No. 210318, July 28, 2020)

53. Is nulilty of the prior or subsequent marriage available as a defense in bigamy?

Yes. Under Article 349, bigamy is committed by any person who shall contract a second or
subsequent marriage before the former marriage has been legally dissolved. A judicial declaration
of absolute nullity is not necessary to prove a void ab initio prior and subsequent marriages in a
bigamy case. Consequently, a judicial declaration of absolute nullity of the first and/or second
marriages presented by the accused in the prosecution for bigamy is a valid defense, irrespective
of the time within which they are secured. Logically, there is no first marriage to begin with, hence,
there is no bigamy committed. (Pulido vs. People [En Banc], G.R. No. 220149, July 27, 2021)

54. Can accused who has been specifically identified as "author, editor, or proprietor" or
"printer/publisher" of the libelous publication claim absence of participation?
No. They are liable for libel as if they were the author of the defamatory writing and it is not
necessary to prove that they had knowledge and participation in the publication of the article.
(Macasaet vs. So, G.R. No. 187230, January 11, 2021)

III. Special Penal Laws

55. What constitutes child pornography?

Any representation, whether visual, audio, or written combination thereof, by electronic,
mechanical, digital, optical, magnetic or any other means, of child engaged or involved in real or
simulated explicit sexual activities. (Sec. 3, RA 9775)

56. What are the elements of Fencing under Section 2 of PD 1612?

The elements of “fencing” are:
a. Robbery or theft has been committed;
b. The accused, who took no part in the robbery or theft, “buys, receives, possesses, keeps,
acquires, conceals, sells or disposes, or buys and sells, or in any other manner deals in
any article or object taken” during that robbery or theft;
c. The accused known or should have known that the thing was derived from that crime; and
d. By the deal he makes he intends to gain for himself or for another. (Sec. 2, PD 1612)

57. Is manifest partiality or inexcusable negligence punishable under the law?

Yes. Section 3(e), RA No. 3019 states that the act of causing any undue injury to any party,
including the Government, or giving any private party any unwarranted benefits, advantage or
preference in the discharge of his official administrative or judicial functions through manifest
partiality, evident bad faith or gross inexcusable negligence shall constitute corrupt practices of any
public officer and are hereby declared to be unlawful.

58. What is the effect of presence of a person during hazing?

The presence of any person, even if such person is not a member of the fraternity, sorority, or
organization, during the hazing is prima facie evidence of participation therein as a principal unless
such person or persons prevented the commission of the acts punishable herein or promptly
reported the same to the law enforcement authorities if they can do so without peril, to their person
or their family. (Section 14, R.A. No. 8049, as amended by R.A. No. 11053)

59. What is the offense of fencing under Section 6 of PD 1612 and when is clearance required?
A person who is engaged in the buying and selling of an item from an unlicensed dealer or supplier
shall, before offering the same for sale to the public, secure the necessary clearance or permit from
the station commander of the Integrated National Police in the town or city where such
establishment or entity is located and any person who fails to secure the clearance or permit

9
 required by |his section, shall upon conviction be punished as a fence. The clearance stated in Sec.
6 of PD 1612 is only required if several conditions, are met: first, that the person, store,
establishment or entity is in the business of buying and selling of any good, articles item object, or
anything of value; second, that such thing of value was obtained from an unlicensed dealer or
supplier thereof; and third, that such thing of value is to be offered for sale to the public. (Lim vs.
People, G.R. No. 211977, October 12, 2016)

60. What constitutes photo and video voyeurism?

It is the act of taking photo or video coverage of a person or group of persons performing sexual
act or any similar activity or of capturing an image of the private area of a person or persons without
the latter's consent, under circumstances in which such person/s has/have a reasonable
expectation of privacy, or the act of selling, copying, reproducing, broadcasting, sharing, showing
or exhibiting the photo or video coverage or recordings of such sexual act or similar activity through
VCD/DVD, internet, cellular phones and similar means or device without the written consent of the
person/s involved, notwithstanding that consent to record or take photo or video coverage of same
was given by such person. (Sec. 3, RA 9995)

61. Distinguish wheel conspiracy and chain conspiracy in plunder.

Wheel Conspiracy Chain Conspiracy
Occurs when there is a single person or group (the Occurs when there is successive
hub) dealing individually with two or more other communication and cooperation in much
persons or groups (the spokes). The spoke the same way as with legitimate business
typically interacts with the hub rather than with operations between manufacturer and
another spoke. In the event that the spoke shares wholesaler, then wholesaler and retailer,
a common purpose to succeed, there is a single and then retailer and consumer. This
conspiracy. However, in the instances when each involves individuals linked together in a
spoke is unconcerned with the success of the other vertical chain to achieve a criminal
spokes, there are multiple conspiracies objective.
(Gloria Macapagal-Arroyo v. People [En Banc], G.R. No. 220598, July 19, 2016)

62. What are examples of acts considered as mental/psychological torture under Anti-Torture
Act of 2009 (RA 9745)?
a. Blindfolding;
b. Threatening a person(s) or his/her relative(s) with bodily harm, execution or other wrongful
acts;
c. Confinement in solitary cells or secret detention places;
d. Prolonged interrogation;
e. Preparing a prisoner for a "show trial", public display or public humiliation of a detainee or
prisoner;
f. Causing unscheduled transfer of a person deprived of liberty from one place to another,
creating the belief that he/she shall be summarily executed;
g. Maltreating a member/s of a person's family;
h. Causing the torture sessions to be witnessed by the person's family, relatives or any third
party;
i. Denial of sleep/rest;
j. 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;
k. Deliberately prohibiting the victim to communicate with any member of his/her family; and
l. Other analogous acts of mental/psychological torture. (Sec. 4, RA 9745)

63. AAA and BBB made their minor children perform acts of cybersex on pornographic
websites for different foreign customers in exchange for money, ordering them to dance
naked in front of a computer with internet connectivity, while facilitating the webcam
sessions and chatting with a particular customer. What crime did they commit?
They committed qualified trafficking in persons. They engaged their minor children in prostitution
and pornography, received various amounts of money in exchange for the sexual exploitation of
their children, and achieved their criminal design by taking advantage of their children's vulnerability
as minors and deceiving them that the money they make from their lewd shows are needed for the
family's daily sustenance. The circumstances that the victims are minors and the traffickers are
ascendants of the victims qualify the crime. (People v. XXX, G.R. No. 235652, July 9, 2018)

64. May a woman, here in the Philippines, file a case under the Anti-VAWC Act for psychological
abuse against her husband if he commits it while he is abroad (i.e. if the husband has an
extramarital affair while abroad)?
Yes. Section 7 of R.A. No. 9262 contemplates that acts of violence against women and their
children may manifest as transitory or continuing crimes. Thus, even if the extra-marital affair
causing the offended wife mental and emotional anguish is committed abroad, the same does not
place a prosecution under R.A. No. 9262 absolutely beyond the reach of Philippine courts. (AAA v.
BBB, G.R. No. 212448, January 11, 2018)

65. WW found out that her husband HH was having an affair with their best friend. HH eventually
lived with his mistress with whom he begot three children. The truth caused WW emotional
and psychological suffering. Did HH commit psychological violence upon his wife by
committing marital infidelity?
Yes. Psychological violence is an indispensable element of violation of Section 5(i) of R.A.No. 9262.

10
 Equally essential is the element of emotional anguish and mental suffering, which are personal to
the complainant. Psychological violence is the means employed by the perpetrator, while emotional
anguish or mental suffering are the effects caused to or the damage sustained by the offended
party. The law does not require proof that the victim became psychologically ill due to the
psychological violence done by her abuser. Rather, the law only requires emotional anguish and
mental suffering to be proven. To establish emotional anguish or mental suffering, jurisprudence
only requires that the testimony of the victim to be presented in court as such experiences are
personal to this party. (Araza vs. People, G.R. No. 247429, September 8, 2020)

66. Who may be the victims of violence against women and children under Section 3(a) of RA
9262?
(a) offender’s wife; (b) former wife; (c) person with whom he has or had a sexual or dating
relationship; (d) person with whom he has a common child; or (e) against her child whether
legitimate or illegitimate, within or without the family abode. (Sec. 3(a), RA 9262)

67. Are the crimes under Section 5 (i) and 5 (e) of RA No. 9262, mala in se?
Yes. Sec 5 (i) causing mental or emotional anguish and Sec 5 (e) attempting to compel or
compelling to engage or desist in a conduct are mala in se and hence there must thus be a
concurrence of both actus reus and mens rea to constitute a crime. (Acharon vs. People [En Banc], G.R.
No. 224946, November 9, 2021, Caquioa)

68. How is denial of support considered as a form of economic abuse?

In cases of support, it must be first shown that the accused's denial thereof - which is, by itself,
already a form of economic abuse - further caused mental or emotional anguish to the woman-
victim and/or to their common child. (Melgar v. People, G.R. No. 223477, February 14, 2018)

69. When is the battered woman syndrome considered self-defense?

When the accuse went through the battering cycle at least twice. The battering cycle or “cycle of
violence” has three phases: (1) the tension-building phase; (2) the acute battering incident; and (3)
the tranquil, loving (or, at least, nonviolent) phase. (People v. Genosa [En Banc], G.R. No. 135981, 2004)

70. What are the protection orders that may be issued under RA 9262?
Barangay Protection Order Temporary Protection Order Permanent Protection
(BPO) (TPO) Order (PPO)
Issued by the Punong Issued by the court to grant Issued by court to grant any,
Barangay ordering the any, some or all of the reliefs some or all of the reliefs
perpetrator to desist from mentioned in this Act. specified in Section 8.
committing acts under Section
5 (a) and (b) of this Act.
Issued on the date of filing Issued on the date of filing of Issued after notice and
after ex parte determination of the application after ex hearing.
the basis of the application. parte determination that such
order should be issued.
Effective for fifteen (15) days. Effective for 30 days. (Sec. 15, Effective until revoked by a
(Sec. 14, RA 9262) RA 9262) court upon application of the
person in whose favor the
order was issued. (Sec. 16, RA
9262)

71. Can a person be liable for estafa and violation of B.P. Blg. 22 by issung a dishonored check?
Yes. The gravamen of the offense punished by BP 22 is the act of making and issuing a worthless
check or a check that is dishonored upon its presentment for payment. The law has made the mere
act of issuing a bad check a malum prohibitum, an act proscribed by the legislature for being
deemed pernicious and inimical to public welfare. To constitute estafa under this provision, the act
of postdating or issuing a check in payment of an obligation must be the efficient cause of the
defraudation; as such, it should be either prior to or simultaneous with the act of fraud. Stated
otherwise, the check should have been issued as an inducement for the surrender by the party
deceived of his money or property and not in payment of a pre-existing obligation. (People v. Reyes,
G.R. No. Nos. 101127-31, November 18, 1993)

Estafa Violation of B.P. Blg. 22

Deceit and damage are essential Mere issuance of the check that is dishonored gives rise to
elements. the presumption on the part of the drawer that he issued the
same without sufficient funds.
The issuance of a check for a The person can still be convicted even if he had issued the
preexisting obligation negates same for a preexisting obligation.
criminal liability.
It is a crime against property. It is a crime against public interest.
It is mala in se. It is mala prohibita.
(Batac v. People, G.R. No. 191622, June 6, 2018)

72. What is the rule on the prima facie evidence of knowledge of insufficiency of funds or credit
in B.P. Blg. 22?
The making, drawing and issuance of a check payment of which is refused by the drawee because
of insufficient funds in or credit with such bank, when presented within ninety (90) days from the

11
 date of the check, shall be prima facie evidence of knowledge of such insufficiency of funds or
credit unless such maker or drawer pays the holder thereof the amount due thereon, or makes
arrangements for payment in full by the drawee of such check within (5) banking days after
receiving notice that such check has not been paid by the drawee. (Sec. 2, BP Blg. 22)

73. Explain the chain of custody rule under RA 9165.

In order to obviate any unnecessary doubt on the identity of the confiscated dangerous drug, the
prosecution has to show an unbroken chain of custody over the same and account for each link in
the chain of custody from the moment the drug is seized up to its presentation in court as evidence
of the crime. In this regard, Section 21, Article II of RA 9165 outlines the procedure which the police
officers must strictly follow to preserve the integrity of the confiscated drugs and/or paraphernalia
used as evidence. The provision requires that: (1) the seized items be inventoried and
photographed immediately after seizure or confiscation; (2) that the physical inventory and
photographing must be done in the presence of: (a) the accused or his/her representative or
counsel, (b) an elected public official, (c) a representative from the media, and (d) a
representative from the Department of Justice (DOJ), all of whom shall be required to sign the
copies of the inventory and be given a copy of the same and the seized drugs must be turned over
to the PNP Crime Laboratory within 24 hours from confiscation for examination. The three required
witnesses should already be physically present at the time of the conduct of the inventory of the
seized items. (People vs. Claudel, G.R. No. 219852, April 3, 2019, Justice Caguioa)
NOTE: Under R.A. No. 10640, only two witnesses are required, to wit: (a) elected public official; and (b) a representative
of the National Prosecution Service or the media.

74. Does failure of the apprehending team to strictly comply with the procedure laid out in
Section 21 of RA 9165 ipso facto render the seizure and custody over the items void?
No. It does not ipso facto render the seizure and custody over the items void. However, this is with
the caveat that the prosecution still needs to satisfactorily prove that: (a) there is justifiable ground
for non-compliance; and (b) the integrity and evidentiary value of the seized items are properly
preserved. (People vs. Claudel, G.R. No. 219852, April 3, 2019, Justice Caguioa)

75. What are the justifiable grounds for failure to comply with the three-witness rule?
a. The attendance of elective official and media or NPS representative was impossible because
the place of arrest was a remote area;
b. The safety of these required witnesses during the inventory and photograph of the seized drugs
was threatened by an immediate retaliatory action of the accused or any person acting for and
in his behalf;
c. The elected official themselves were involved in the punishable acts sought to be apprehended;
d. The time constraints and urgency of the anti-drug operations, which often rely on tips of
confidential assets, prevented the law enforcers from obtaining the presence of the required
witnesses even before the offenders could escape; or
e. Earnest efforts to secure the presence of these required witnesses within the period required
under Article 125 of RPC prove futile through no fault of the arresting officers, who face the
threat of being charged with arbitrary detention. (People vs. Lim [En Banc], G.R. No. 231989, September
4, 2018)

76. What are the different cybercrimes punishable under RA 10175?

a. Offenses against the confidentiality, integrity and availability of computer data and systems:
i. Illegal Access.
ii. Illegal Interception.
iii. Data Interference.
iv. System Interference.
v. Misuse of Devices.
vi. Cyber-squatting.
b. Computer-related Offenses:
i. Computer-related Forgery.
ii. Computer-related Fraud.
iii. Computer-related Identity Theft
c. Content-related Offenses:
i. Cybersex.
ii. Child Pornography.
iii. Unsolicited Commercial Communications.
iv. Libel. (Sec. 4, RA 10175)

77. What constitutes cyberlibel?

The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as
amended, committed through a computer system or any other similar means which may be devised
in the future. (Sec. 4, RA 10175)

78. What is the multiple publication rule?

Stated more succinctly for purposes of ascertaining jurisdiction under Art. 360 of the Revised Penal
Code, as amended, every time the same written matter is communicated such communication is
considered a distinct and separate publication of the libel. (Brillante v. CA, G.R. Nos. 118757 & 121571,
October 19, 2004 citing Soriano v. IAC)

12
 79. AAA uttered curses and defamatory words to a child on the spur of the moment without
intent to degrade, debase or demean him. Is AAA liable for child abuse?
No. Section 10(a) of RA 7610 is clear in that it punishes acts of child abuse which are "not covered
by the Revised Penal Code." From the plain language of Section 10(a), the acts punished under it
and those punished under the RPC are mutually exclusive. Acts which are already covered by the
RPC are excluded from the coverage of Section 10(a). Hence, without intent to degrade, debase
or demean the child, AAA cannot be convicted of grave oral defamation under the RPC in relation
to Section 10(a) of R.A. 7610. She should only be charged with grave oral defamation under the
Revised Penal Code without correlating it with RA No. 7610. (Brinas vs. People, G.R. No. 254005, June 23,
2021, J. Caquioa)

80. What are the standards by which a group of purported swindlers may be considered as a
syndicate under PD No. 1689?
a. A group of swindlers must be at least five (5) in number;
b. They must have formed or managed a rural bank, cooperative, "samahang nayon,"
farmer's association or any other corporation or association that solicits funds from the
general public.
c. They formed or managed such association with the intention of carrying out an unlawful or
illegal act, transaction, enterprise or scheme i.e., they used the very association that they
formed or managed as the means to defraud its own stockholders, members and
depositors. (Home Development Mutual Fund vs. Sagun [En Banc], G.R. No. 205698, July 31, 2018)

IV. PRACTICAL EXERCISES

81. Draft a Complaint-Affidavit.

REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
(CITY/PROVINCE)

(NAME OF THE COMPLAINANT),

Complainant,

-versus- Criminal Case No. ______

For: (Offense)

(NAME OF THE ACCUSED),

Accused.
x—--------------------x

COMPLAINT-AFFIDAVIT

I, (Name), of legal age, (Citizenship), with assistance of counsel, and resident of (Address), do hereby state under
oath that:

1. I am (Personal circumstances of complainant-affiant);

2. I accuse and hereby charge (Name of accused), residing at (Address) of violating (Article/Section Number) of
the (Law) committed against me;
3. (Allegations);
4. (Allegations);
5. Affiant has nothing more to say

(Place), (Date)
(Signature)
(Name of the Complainant)

SUBSCRIBED AND SWORN to before me, in ___________, this _______. I hereby certify that I have personally
examined the affiant and that I am convinced that he voluntarily executed the foregoing affidavit and that he understood
the contents thereof.
(Signature)
(Name of the Assistant Provincial/City Prosecutor)
Assistant Provincial/City Prosecutor

13
 82. Draft an Affidavit of Desistance.
Republic of the Philippines )
City/Municipality of____________) S.S.

AFFIDAVIT OF DESISTANCE

I,(Name of complainant), (Citizenship), of legal age, (Civil Status), and a resident of (Address) after being sworn
to in accordance with law, depose and state that:

1. I am the complainant in a criminal case of (name of the offense) against (name of the accused) docketed as
(case number), pending before the (name of court and branch) .
2. (Stipulation of circumstance)
3. I fully understand the consequences of executing an Affidavit of Desistance.
4. I am executing this affidavit to attest to the truth of the foregoing statements and respectfully pray that the
aforementioned case against (name of accused) be withdrawn.

IN WITNESS WHEREOF, I have hereunto set my hand this _____________ at _____________, Philippines.

(Name of Complainant)
Affiant

SUBSCRIBED AND SWORN to before me this ___ day of _____ at ______, the affiant exhibiting to me his
(Type of ID and ID Number) issued by (Issuing Authority) on (Date of Issuance) at (Place of Issuance).

NOTARY PUBLIC

Doc. No. _____;

Page No. _____;
Book No. _____;
Series of _____.

83. Draft a Motion to Quash

REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
(CITY/PROVINCE)

(NAME OF THE COMPLAINANT),

Complainant,

-versus- Criminal Case No. ______

For: (Offense)

(NAME OF THE ACCUSED),

Accused.
x—--------------------x

MOTION TO QUASH

THE ACCUSED, by counsel, respectfully moves to quash the Information for the crime of (Crime) on the following:

GROUNDS

1. (Ground for quashal, i.e. That the facts charged do not constitute an offense)
2. (Ground for quashal, i.e. That the court trying the case has no jurisdiction over the offense charged)

In support, the accused respectfully states that:

ARGUMENT

FIRST GROUND: (Ground)

(Dinstinct factual and legal grounds for quashal)

SECOND GROUND: (Ground)

(Dinstinct factual and legal grounds for quashal)

WHEREFORE, it is respectfully prayed that the Information against the accused be QUASHED by the Honorable
Court.

(City/Municipality), (Date of filing).

(Signature)
(Name of the Counsel)

14
 84. Draft an Information.
REPUBLIC OF THE PHILIPPINES
_______ TRIAL COURT
_________ Judicial Region
Branch __, City of ______

PEOPLE OF THE PHILIPPINES,

Plaintiff,

-versus- Criminal Case No. _____

For: (Offense)
(Name of the Accused),
Accused.
x—------------------------------------------------------x

INFORMATION

The undersigned Assistant Provincial/City Prosecutor accuses (name of the accused) of the crime of (offense
committed), defined and penalized under (law), committed as follows:

That on or about (date and time) in (place, city, province and/or municipality of the commission
of the offense) and within the jurisdiction of this Honorable Court, the above mentioned accused,
not being authorized by law to (circumstances), did then and there, willfully, unlawfully, knowingly,
and feloniously, (acts or omission constituting the crime).

Contrary to law.

(City/Municipality), (Date of filing).

(Signature)
(Name of the Assistant Provincial/City Prosecutor)
Assistant Provincial/City Prosecutor

Approved By:

(Signature)
(Name of the Provincial/City Prosecutor)
Provincial/City Prosecutor

CERTIFICATION

This is to certify that a Preliminary Investigation was conducted in this case in accordance with law; that I have
examined the complainant and his witnesses; that there is reasonable ground to believe that the offense charged had been
committed and the accused is probably guilty thereof; the accused was given the opportunity to present controverting
evidence and that the filing of this information is with the authority of the Provincial/City Prosecutor.

(Signature)
(Name of the Assistant Provincial/City Prosecutor)
Assistant Provincial/City Prosecutor

SUBSCRIBED AND SWORN to before me this ________ in ___________.

(Signature)
(Name of the Provincial/City Prosecutor)
Provincial/City Prosecutor

WITNESS/ES:
1. (Name and Address of Witness)
2. (Name and Address of Witness)

BAIL RECOMMENDED: Php (amount of bail)

SOAR HIGH, HERON!

15