Professional Documents
Culture Documents
Criminal Evidence
Criminal Evidence
4. Criminalistics - 15%
a. Personal Identification
b. Police Photography
c. Forensic Ballistics
d. Questioned Documents Examinations
e. Polygraph (Lie Detection)
f. Legal Medicine
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www.scribd.com
Uploaded by Charlemagne C. Marban III
Notes:
1. Criminology Licensure Examination is usually conducted in the
months of March or April and October or November each year.
2. The Board of Criminology in the October 2014 Criminology
licensure Examination gave the exam in the following places:
a. Manila
b. Baguio
c. Cagayan de Oro
d. Cebu
e. Davao
f. Iloilo
g. Legazpi
h. Lucena
i. Pagadian
j. Pangasinan
k. Tacloban
l. Tuguegarao
m. Zamboanga
Introduction to Criminology
Criminal Justice
Ethics and Values
Juvenile Delinquency
Human Behavior and Crisis Management
Criminological Research and Statistics
Correctional Administration
Institutional Corrections
Non-Institutional Corrections
Evidence
I. PRELIMINARY CONSIDERATION:
As an element of our Criminal Justice System, it is the duty of every law enforcement agencies to provide the prosecution
with the materials and information (Evidence) necessary in order to support conviction.
Every person is entitled to be presumed innocent of a crime or wrong, unless proven otherwise. This is a prima facie
presumption which must be overcome by proof beyond reasonable doubt.
Trial refers to “the examination before a competent tribunal, according to the laws of the land, of the facts in issue in a
cause, for the purposes of determining such issue” (U.S. v. Raymundo, 14 Phil 416).
Evidence helps in the determination of Questions of Facts by helping the judge reconstruct the chain of events from the
conception up to the consummation of a criminal design.
Factum Probandum – The ultimate facts to be proven. These are the propositions of law.
Examples:
• murder was committed thru treachery
• robbery was made through force upon things
Examples:
• exit wounds were in front indicating that victim was shot at the back
• destroyed locks indicative of force upon things
Proof – the result of introducing evidence. The establishment of a requisite degree of belief in the mind of the judge as to
the facts in issue. It refers to the accumulation of evidence sufficient to persuade the trial court.
Quantum of proof – refers to the degree of proof required in order to arrive at a conclusion.
Burden of proof – the duty of the affirmative to prove that which it alleges.
1. Criminal Action – proof beyond reasonable doubt [that degree of proof which produces conviction in an unprejudiced
mind]
2. Civil Action – preponderance of evidence [evidence of greater weight or more convincing than that which is offered t
refute it]
3. Administrative Action – sufficiency of evidence [that amount of relevant evidence which a reasonable mind might
accept as adequate to justify a conclusion]
Evidence ILLEGALLY OBTAINED are inadmissible for reasons of public policy. This is so because of the constitutional
requirement of due process. Due process has been defined as “the law that hears before it condemns, which proceeds up
inquiry, and renders judgment only after fair trial”.
As a result, jurisprudence has evolved a rule that renders inadmissible any evidence obtained in an illegal search from bei
introduced in trial.
If the evidence is of a type which cannot be easily recognized or can readily be confused or tampered with, the proponen
of the object must present evidence of its chain of custody. The proponent need not negate all possibilities of substitution
or tampering in the chain of custody, but must show that:
The evidence is identified as the same object which was taken from the scene;
It was not tampered with, or that any alteration can be sufficiently explained (i.e. discoloration due to the application of
ninhydrine solution, etc.); and
The persons who have handled the evidence are known and may be examined in court with regard to the object.
II. GENERAL PROVISIONS:
A. Concepts of evidence:
Admissibility of Evidence:
Note: To determine the relevancy of any item of proof, the purpose for which it is sought to be introduced must first be
known (There must be a formal offer).
Whether or not the factual information tendered for evaluation of the trial court would be helpful in the determination o
the factual issue that is disputed.
It is the tendency of the evidence to establish the proposition that it is offered to prove.
“Collateral Matters” not admissible except when it tend in any reasonable degree to establish probability or improbability
of the fact in issue.
Collateral matters – matters other than the fact in issue and which are offered as a basis for inference as to the existence
non-existence of the facts in issue.
1. Antecedent circumstances – facts existing before the commission of the crime [i.e. hatred, bad moral character of the
offender, previous plan, conspiracy, etc.]
2. Concomitant circumstances – facts existing during the commission of the crime [i.e. opportunity, presence of the
accused at the scene of the crime, etc.]
3. Subsequent circumstances – facts existing after the commission of the crime [i.e. flight, extrajudicial admission to thir
party, attempt to conceal effects of the crime, possession of stolen property, etc.]
Judicial notice is based on necessity and expediency. This is so because what is known need not be proved.
1. mandatory
2. discretionary
3. hearing required
Yes. A forged or spurious document when presented in court for examination is considered as the original fake/forged
document. Thus, a mere photocopy of the allegedly forged or spurious document is only secondary to the original
questioned document.
Secondary Evidence
When the original document has been:
1. lost,
2. destroyed, or
3. cannot be produced in court.
Qualifications of witnesses:
1. can perceive
2. can make known their perception to others
3. not disqualified by reason of mental incapacity, immaturity, marriage, privileged communications, or “dead man’s
statute”.
Exception:
1. admission by a co-partner or agent
2. admission by a conspirator
3. admission by privies
4. admission by silence
In the above cases, the admission of one person is admissible as evidence against another.
Testimonial Knowledge:
General Rule: A witness can testify only to those facts which he knows of his personal knowledge; that is, which are derive
from his own perception. Any statement which derives its strength from another’s personal knowledge is hearsay, and is
therefore inadmissible.
Exceptions:
1. Dying declarations (ante-mortem statements)
2. Declaration against interest
3. Act or declaration about pedigree
4. Family reputation or tradition regarding pedigree
5. Common reputation
6. Part of the res gestae
7. Entries in the course of business
8. Entries in official records
9. Commercial lists and the like
10. Learned treatises
11. Testimony or deposition at a former proceeding
12. Examination of child victim/witness in cases of child abuse
Presumption – an inference as to the existence of a fact not actually known, arising from its usual connection with anothe
which is known or a conjecture based on past experience as to what course human affairs ordinarily take.
2 kinds of presumptions:
1. Conclusive presumptions [jure et de jure] – based on rules of substantive law which cannot be overcome by evidence
the contrary.
2. Disputable presumptions [prima facie presumptions, rebuttable presumptions] – based on procedural rules and may
overcome by evidence to the contrary.
Note: For Kinds of disputable presumptions, see Sec. 3, Rule 131 of the Revised Rules of Court.
Presentation of Evidence:
The examination of witnesses presented in a trial or hearing shall be done is open court, and under oath or affirmation.
Unless the witness is incapacitated to speak, or the question calls for a different mode of answer, the answer of the witne
shall be given orally.
Direct examination – the examination in chief of a witness by the party presenting him on the facts relevant to the issue.
Cross examination – the examination by the adverse party of the witness as to any matter stated in the direct examinatio
or connected therewith, with sufficient fullness and freedom from interest or bias, or the reverse, and to elicit all importa
facts bearing upon the issue.
Re-direct examination – second questioning by the proponent to explain or supplement answers given in the cross
examination.
Re-cross examination – second questioning by the adverse party on matters stated on the re-direct and also on such
matters as may be allowed by court.
Classes of Documents:
Documents are either public or private.
1. The written official acts, or records of the official acts of sovereign authority, official bodies and tribunals, and public
officers, whether of the Philippines, or a foreign country.
2. Documents acknowledged before a notary public except last wills and testaments.
3. Public records (1) kept in the Philippines, or private documents (2) required by law to be entered therein.
Verba legis non est decendendum – from the words of the law there can be no departure.
Dura lex sed lex – the law may be harsh but it is the law.
Nulum crimen, nulla poena sine lege – there is no crime when there is no law punishing the same.
Actus non facit reum, nisi mens sit rea – the act cannot be criminal where the mind is not criminal.
Actus mi invictu reus, nisi mens facit reum – an act done by me against my will is not my act.
Falsus in unum, falsus in omnibus – false in one part of the statement would render the entire statement false (note: this
maxim is not recognized in our jurisdiction).
Collateral Matters - Matters other than the fact in issue and which
are offered as a basis for inference as to the existence or
non-existence of the facts in issue.
Factum probans – evidentiary fact or the fact by which the factum probandum is
to be established.
Acquittal - a verdict after a trial that a defendant in a criminal case has not been proven guilty beyond reasonable doubt o
the crime charged.
Action - lawsuit brought by one or more individuals seeking redress for or prevention of a wrong or protection of a right.
Adjudicated father - man determined by the court to be the father usually through a court action and genetic testing.
Adjudication - giving or pronouncing a judgment or decree;also the judgment given.Decision made by a court or
administrative agency with respect to a case.
Administrative documentation - records such as case-related conversations, evidence receipts, description of evidence
packaging and seals, and other pertinent information.
Administrative review - an evaluation of the case report and supporting documentation for consistency with laboratory
policies, editorial correctness and compliance with the submission request.
Admissible - evidence that can be legally and properly introduced in a civil or criminal trial.
Adoption - legal proceeding in which an adult takes as his/her lawful child an individual usually a minor who is not the
adoptive parents or natural offspring.
Adversary system - trial methods in which opposing parties are given full opportunity to present and establish their
evidence and to test by cross-examination the evidence presented by their adversaries under established rules of
procedures before an impartial judge.
Affirmative defense - without denying the charge, defendant raises extenuating or mitigating circumstance such as insan
self-defense, or entrapment to avoid civil or criminal responsibility.
Affirmed - in the practice of the appellate court, the word means that the decree or order at issue is declared valid and w
stand as rendered in the lower court.
Amicus curiae - friend of the court, a person who petitions the court for permission to provide information to the court o
matter of law that is in doubt or one who is not a party to a lawsuit but who is allowed to introduce evidence, arguments
authority to protect one's interest.
Appeal - a request by the losing party in a lawsuit that the judgment be reviewed by a higher court.Request to a higher
court to change the decision of a trial court, usually appeals are made and decided on questions of law only.Issues of fact
are left to the trial judge discretion.
Arraignment - in a criminal case, the proceeding in which an accused person is brought before a judge to hear the charge
filed against him or her and to enter a plea of guilty or not guilty.
Assault - intentional display of force that would give the victim reason to fear or expect immediate bodily harm.
Attorney-at-law - an officer in a court of justice who is employed by a party in a case to manage it for him.
Bail - money or security given to secure a person's release from custody which is at risk should he/she subsequently fail t
appear before the court.
Bail bond - the obligation signed by the accused to secure his/her presence at the trial which he/she may lose by not
properly appearing for trial.
Bar - the term means the whole body of lawyer's.Historically, the partition separating the general public from the space
occupied by the judge's, lawyer's, and other participants in a trial.
Battered woman syndrome - a collection of symptoms that are manifest in women who have suffered prolonged and
extensive abuse from their spouses.
Beyond reasonable doubt - the standard in a criminal case requiring that court be satisfied to a moral certainty that ever
element of a crime has been proven by the prosecution, all reasonable doubt are removed from the mind of the ordinary
person.
Bill of Particulars - a statement used to inform the defense of the specific occurrences intended to be investigated in trial
and to limit the course of evidence to the particular scope of the inquiry.An amplification of the pleading.
Booking - the process of photographing, fingerprinting, and recording identifying data of a suspect following arrest.
Brief - a written statement prepared by one side in a lawsuit to explain to the court its view of the facts of a case and the
applicable law.
Brutalization - the proposition that the use of capital punishment actually increases the crime rate by sending a message
that it is acceptable to kill those who have wronged us.
Case law - law created as a by-product of a court decisions made in resolving unique disputes as distinguished from
statutory law.
Case records - all notes, reports, custody, records, charts, analytical data, and correspondence generated pertaining to a
particular case.
Certification - procedure by which a certifying body formally recognizes that a body or person complies with given
qualifications.
Child abuse - act of commission that is not accidental and that harms or threatens to harm a child's physical or mental
health or welfare.
Child neglect - failure of a parent or other person legally responsible for a child's welfare to provide for the child's basic
needs and a proper level of care with respect to food, clothing, shelter, hygiene, medical attention , or supervision.Child
neglect is an act of omission.
Circumstantial evidence - that evidence that only suggests an association with a past occurrence.Any evidence in a case f
which an inference is needed to relate it to the crime.Not observed by an eyewitness.Fact from which another fact can be
reasonably inferred.
Civil commitment - the legal proceeding by which a person who is mentally ill and imminently dangerous is involuntarily
committed to a psychiatric hospital.
Closing argument - also known as final argument, attorney's final statement to the court summing up the case and the
points points proven as well as those points not proven by opposing counsel.
Common law - body of law based on judicial decisions (precedents or customs and usage) generally derived from justice,
reason and common sense rather than legislative enactments.
Competency - possession of characteristics that qualify a witness to observe, recall, and testify under oath; personal
qualification of the witness to give testimony which differs from the witness ability to tell the truth.
Complainant - the party who complain or sues, one who applies to the court for legal redress, also called the plaintiff.
Concur - to agree with the judgment of another.When one court concurs with another, it agrees with or follows the
precedent set by that court's decision.
Concurrent sentence - sentences for more than one violation that are to be served at the same time rather that one after
the other.
Consent search - exception to the requirement for a search warrant; written or oral permission is required from a person
with authority to give it.
Conspiracy - a combination of two or more person whose purpose is to commit unlawful or criminal act or to commit a
lawful act by criminal means.
Continuance - court order that postpones legal action, such as a court hearing until later time.
Corpus delicti - the proof that a crime has been committed, consisting of two components 1. that each element of the
crime be satisfied 2. that someone is responsible for inflicting the injury or loss sustained.
- Body of the crime.
Court martial - military tribunal that has jurisdiction over offenses against laws of the service in which the member is
engaged.Military status is not sufficient,the crime must be service connected.
Court order - directive issued by the court, and is enforceable as law; written command or directive given by the judge.
Court of Appeals - a court that hears an appeal after a trial court has made a judgment.
Criminal prosecution - process that begins with the filing of charges against a person who has allegedly violated criminal
law and includes the arraignment and trial of the defendant.Criminal prosecution may result in fine, restitution,
imprisonment, or probation.
Damages - money awarded by a court to a person injured by the unlawful act or negligence of another person.
Dauber test - a standard for determining the reliability of scientific expert testimony in court currently adopted by many
jurisdictions.Five factors are utilized to assess the scientific theory or technique testing of theory, use of standards and
control, peer review, error rate, and acceptability in the relevant scientific community.
Default judgment - a decision of the court against the defendant because of failure to respond to a plaintiff's action.
Defendant - in a civil case, the person being sued. In a criminal case, the person charged with a crime.
Deposition - oral or written testimony under oath but outside the court room.
Diminished capacity - a variation of the insanity defense that is applicable if the defendant lacks the ability to meaningful
premeditate the crime.
Direct evidence - proof of facts by witnesses who saw acts done or heard words spoken as distinguished from
circumstantial or indirect evidence.Information offered by witnesses who testify about their own knowledge of the facts.
Direct examination - the first questioning of witnesses by the party in whose behalf they are called.
Direct questions - queries that are phrased in a positive and confident manner, are stated clearly and address the topic in
forthright manner.
Discovery - a pre-trial procedure by which one party can obtain vital facts and information material to the case to assist in
preparation for the trial.The purpose of discovery is to make for a fair trial and to allow each party to know what docume
and information the opponents has in its possession.
Dismissal - action by the court that removes the court's jurisdiction over a given case.
Diversion - the process of removing some minor criminal, traffic or juvenile cases from the full judicial process on the
condition that the accused undergo some sort of rehabilitation or make restitution for damages.Diversion may take place
before the trial or its equivalent.
Double jeopardy - putting a person on trial more than once for the same crime.
Dying declaration - a statement made just prior to death with the knowledge of impending death.Also called ante-Morte
statement.
Element of a crime - specific factors that define a crime, every element of which the prosecution must prove beyond a
reasonable doubt in order to obtain a conviction.
Entrapment - an act by enforcement agencies that lures an individual into committing a crime not otherwise contemplate
for the purpose of prosecuting him/her.
Evidentiary standards - guidelines used in examining evidence to determine whether it has been legally collected and
whether it is factual and legally proves or is relevant to the case being heard.
Exclusionary rule - the rules that defines whether evidence is admissible in a trial.
Exigent circumstances - exception to the requirement for a search warrant when there is no time to get a warrant and
failure to search will lead to destruction or concealment of evidence, injury to police or others, or escape of the suspect.
Expert testimony - statements given to the court by witnesses with special skills or knowledge in some arts, science,
profession, or technical area.Experts educate the court by assisting it in understanding the evidence or in determining an
issue of fact.
Expert witness - a legal term used to describe a witness who by reason of his/her special technical training or experience
permitted to express an opinion regarding the issue or a certain aspect of the issue that is involve in a court action.
Expunge - to strike out, obliterate, or mark for deletion from the court record.
Extradition - the process by which one state surrenders to another state a person accused or convicted of a crime in the
other state.
Felony - a crime of a graver nature than a misdemeanor, usually punishable by imprisonment in a penitentiary for more
than a year or a substantial fine.
Fence - a person in the business of buying stolen goods, usually for resale; to buy or sale stolen goods.
Fraud - an intentional misrepresentation or deception employed to deprive another of property or a legal right or to
otherwise do them harm.
Frye standard - a set of standards set by the the court of appeals of the district of Columbia in 1923 in the U.S in Frye vs.
the United states.The standards in general define when a new scientific test should be admissible as evidence in the cour
system.
Frye test - a test emphasizing that the subject of an expert witness's testimony must conform to a generally accepted
explanatory theory.
Gag order - a trial judge's order to attorney's and witnesses not to talk to the press about the case.
Gault decision - land mark U.S. Supreme Court decision affirming that juveniles are entitled to the same due process right
as adults the right to counsel, the right to notice of the charges, the right to confront and cross-examine a witness, the rig
to remain silent, and the right to subpoena witnesses in defense.
Habeas corpus - a writ that commands that a person be brought before a judge.A writ of habeas corpus is a legal docume
that forces law enforcement authorities to produce a prisoner they are holding and to legally justify his or her detention.
Hearing - judicial or legal examination of the issues of law and fact between the parties.
Hearsay - a statement made during a trial or hearing that is not based on the personal, first hand knowledge of the
witness.Statement made out of court and offered in court to support the truth of the facts asserted in the statement.
Hearsay rule - the regulation making a witness's statement inadmissible if it is not based on personal knowledge unless it
falls within certain exceptions.
Holographic document - any document completely written and signed by one person.A holographic may be probated
without anyone having witnessed its execution.
Hostile witness - a witness whose testimony is not favorable to the party who calls him or her as witness.
Immunity - grant by the court in which someone will not face prosecution in return for providing criminal evidence.
Inadmissible evidence - the testimony/evidence that the judge rules as not proper and hence instructs its disregard.
Incompetency - lacking the physical, intellectual,or moral capacity or qualification to perform a required duty.
Indeterminate sentence - a sentence of imprisonment to a specified minimum and maximum period of time, specifically
authorized by statute, subject to termination by a parole board or or other authorized agency after the prisoner has serve
the minimum term.
Infraction - a violation of law not punishable by imprisonment.Minor traffic offenses are generally considered infractions.
Injunction - a preventive measure by which a court orders a party to refrain from doing a particular act.A preliminary
injunction is granted provisionally until a full hearing can be held to determine if it should be made permanent.
Interrogatories - set of specialized questions sent by one attorney to another concerning requested information of their
respective clients relevant to the case.
Judgement,default - default judgment is rendered because of the defendant's failure to answer or appear.
Judgement,summary - summary judgment is given on the basis of pleadings, affidavits, and exhibits presented for the
record without any need for a trial.It is used when there is no dispute as to the facts of the case and one party is entitled
judgement as a matter of law.
Judicial review - authority of a court to review the official actions of other branches of government, also the authority to
declare unconstitutional the actions of other branches.
Jurisdiction - the nature and scope of a court's authority to hear or decide a case.Inherent power and authority of a
particular court to hear and determine cases.
Justice - fairness, providing outcomes to each party in line with what they deserve.
Juvenile court - a court which decides criminal charges brought against children under 18 years of age.
Leading question - a question that suggest the answer desired of a witness.A party generally may not ask one's own witne
leading questions, leading questions may be ask only of hostile witnesses and on cross-examination.
Legal custody - right and responsibility to make the decisions regarding the health, education and welfare of a child/perso
Malfeasance - the commission of an unlawful, wrongful act; any wrongful conduct that affects, interrupts, or interferes w
the performance of official duties.
Mass murder - a murder incident in which several victims are killed simultaneously or within a relatively short period of
time in the same general area.
Miranda warning - requirements that police tells a suspect in their custody of his/her constitutional right before they
questions him.Result of the Miranda vs. Arizona ruling.Law enforcement procedure that forewarns suspects of their right
remain silent when in police custody.Violation of this right makes the suspect's confession inadmissible in evidence.
Misdemeanor - criminal offenses considered less serious than felonies.Misdemeanor are generally punishable by fine or
limited local jail term in the local jail.
Mistrial - a trial that is terminated before its normal conclusion and declared invalid prior to judgment.
Mitigating circumstance - factors such as age, mental capacity, motivation, or duress which lessens the degree of guilt in
criminal offense and thus the nature of the punishment.
M'naghten rule - the test applied for the defense of insanity.Under this test, an accused is not criminally responsible if
suffering from a mental disease or defect at the time of committing the act and not understanding the nature and quality
the act or that what was done was wrong.
Moot - is one not subject to a judicial determination because it involves an abstract question or a pretended controversy
that has not yet actually arisen or has already passed.
Motion - an application for a rule or order, made to a court or judge.An application to the court requesting an order or a
rule in favor of the applicant.
Objection - the process by which one party takes exception to some statement or procedure.An objection is either
sustained or overruled by the judge.If the judge overrules the objection, the witness may answer the question.If the judge
sustain the objection, the witness may not answer the question.
Omnibus hearing - hearing held in criminal court to dispose of appropriate issues such as whether evidence is admissible
before trial so as to ensure a fair and expeditious trial and avoid a multiplicity of court appearances.
Opening statements - not part of the evidence, these orations made by the lawyers on each side gives an overview of the
evidence that will be presented during the trial.
Order to show cause - order to appear in court and present reasons why a particular order should not be executed.
Overrule - judge's decision not to allow an objection.Decision by a higher court finding that a lower court
Physical evidence - any tangible article that tends to prove or disprove a point in question.
Plain view - an exception to the requirement for a search warrant, when there is an evidence of a crime in plain view by
person who sees it lawfully.
Plea - in a criminal proceeding, it is the defendant's declaration in open court that he or she is guilty or not guilty.The
defendant's answer to the charges made in the information.
Plea bargaining - the process through which an accused person and a prosecutor negotiate a mutually satisfactory
disposition of a case.
Preliminary hearing - in criminal law, the hearing at which a judge determines whether there is sufficient evidence again
a person charged with a crime to warrant holding him or her for trial.
Preponderance of evidence - the standard for a judgment in a civil suit, the evidence for one side outweighs that of the
other even a slight margin.
Presumption - an inference resulting from a rule of law or the proven existence of a fact that requires such rule or action
be established in the action.
Pre-trial conference - a meeting between the judge and the lawyers involved in a lawsuit to narrow the issues in the suit,
agree on what will be presented at the trial and make a final effort to settle the case without trial.
Prima facie evidence - evidence that, in the judgment of the law, is good and sufficient to establish a given fact or a chain
facts making up a party's claim or defense.If such evidence is unexplained or uncontradicted, it is sufficient to obtain a
favorable judgment for the issue it supports, may be contradicted by other evidence.
Probable cause - a reasonable ground for suspicion, supported by the circumstances sufficiently strong to justify the
issuance of a search warrant or to make an arrest.Reasonable ground for believing that a crime has been committed or th
the person committed the crime.
Protective custody - the confinement or guardianship of an individual by law enforcement with the objective of preventin
an assault or other crimes against him/her.
Public defender - (ex.PAO)government lawyer who provides free legal defense services to a poor person accused of crime
Putative father - a man accused but not proven to be the biological father of an offspring.
Quid pro Quo - something for something, as in making a deal (ex.plea bargaining)
Rape - sexual intercourse between a man and a woman without the women's consent.
Reasonable doubt - doubt that arises from evidence or lack thereof and would be entertained by a reasonable or pruden
person.Reasonable doubt requires acquittal.
Reasonable suspicion - a term referring to police officer's justification for stopping and frisking a person.A mere hunch is
not a reasonable suspicion.
Rebuttal - the presentation of evidence to counter or disprove facts previously introduced by the adverse party.
Recess - an adjournment of a trial or a hearing that is temporary and occurs after the commencement of the trial.If there
going to be a substantial delay, it is called continuance.A temporary dismissal is called sine die.
Record - document that furnishes objective evidence of activities performed or results achieved.
Re-direct examination - opportunity to present rebuttal evidence after one's evidence has been subjected to cross-
examination.
Redirect questioning - questioning by the original attorney that follows the opposing counsel's cross-examination.
Release on recognizance - a court order releasing a defendant from custody on the defendant's written promise to appea
in court when the defendant's case is scheduled for hearing, trial or other proceeding.A defendant who is released on
recognizance is not required to deposit money or other property with the court in order to be released.
Res gestae - all of the things done or words spoken in the course of the transaction or event;A record of what was said or
done in the first moments of an investigation.
Rest - a party is said o have rest its case when it has presented all of the evidence in intends to offer.
Robbery - felonious taking of another's property from his person or immediate presence and against his will by means of
force or fear.
Rules of evidence - standards governing whether evidence in a civil or criminal case is admissible.
Search and seizure - the body of law that covers the issue of examining a persons property with the intention of finding
evidence not in plain view (search) and taking possession of that property against the will of its owner or possessor (seizu
Sentencing - last stage of criminal prosecution in which a convicted defendant is imprisoned, fined, ordered to pay
restitution, or granted a conditional release from custody.
Sequestration of witnesses - also called separation of witnesses, prevents a witness from being influenced by the testimo
of a prior witness.
Statute of limitation - the time within which a lawsuit must be brought ot the time within which evidence must be
analyzed.
Stipulation - an agreement by both sides of a case about some aspect of a lawsuit or criminal trial.
Subpoena - a written command summoning a specific individual to appear in court under penalty for failure to do so.
Subpoena duces tecum - a court order commanding a witness to bring certain documents or records to court.
Summary judgment - decision made by a trial court based on written documentation submitted before any trials occur.
Summons - a notice to the defendant that he/she has been sued and is required to appear in court.
Suppression hearing - a hearing before a judge, in which one of the attorney's argues that certain evidence should not be
admitted at trial.
Temporary restraining order - (TRO) a judge's order forbidding certain actions until a full hearing can be heard.
Testimony - evidence given by a witness under oath. does not include evidence from documents and other physical
evidence.
Trial - judicial examination and determination of issues of law and fact disputed by parties to lawsuit.
Trial court - local court that initially hears all cases in dispute.
Validation - confirmation by examination and provision of objective evidence that the particular requirements for a speci
intended use are fulfilled.
Wanton - characterized by reckless disregard of consequences and the safety and welfare of others.
Warrant - a court order authorizing law enforcement officers to make an arrest or conduct a search.
Writ - a mandatory precept issued by an authority in the name of the sovereign or the state for the purpose of compelling
person to do something.
2. PO3 Bagsik entered the dwelling of Totoy against the latter’s will
on suspicion that Bitoy keep unlicensed firearms
in his home. What was the crime committed by PO3 Bagsik?
A. Trespass to Dwelling
B. Violation of Domicile
C. Usurpation Of Authority
D. Forcible Trespassing Answer: B
3. Charlie and Lea had been married for more than 6 months.They
live together with the children of Lea from her first husband.
Charlie had sexual relation with Jane, the 14 year old daughter of
Lea.Jane loves Charlie very much.What was the crime committed
by Charlie?
A. Simple Seduction
B. Qualified Seduction
C. Consented Abduction
D. Rape
Answer: B
4. Prof. Jose gave a failing grade to one of his students, Lito. When
the two met the following day, Lito slapped
Prof. Jose on the face. What was the crime committed by Lito?
A. Corruption of Public Officials
B. Direct Assault
C. Slight Physical Injuries
D. Grave Coercion Answer: B
5. A warrant of arrest was issued against Fred for the killing of his
parents. When PO2 Tapang tried to arrest him,Fred gave him 1
million pesos to set him free. PO2 Tapang refrained in arresting
Fred. What was the crime committed by PO2 Tapang?
A. Indirect Bribery
B. Direct Bribery
C. Corruption of Public Officials
D. Qualified Bribery Answer: D
30. The failure to perform a positive duty which one is bound to.
A. Negligence
B. imprudence
C. omission
D. act Answer: C
31. Ways and means are employed for the purpose of trapping and
capturing the law breaker in the execution of his criminal plan.
A. Misfeasance
B. entrapment
C. inducement
D. instigation Answer: B
32. Those where the act committed is a crime but for reasons of
public policy and sentiment there is no penalty imposed.
A. impossible crimes
B. aggravating circumstances
C. absolutory causes
D. Complex Crimes
Answer: C
35. At what time may the accused move to quash the complaint or
information?
A. at any time before his arrest
B. only after entering his plea
C. any time before entering his plea
D. Monday morning
Answer: C
41. It is evidence of the same kind and to the same state of facts.
A. secondary evidence
B. prima facie evidence
C. corroborative evidence
D. best evidence Answer: C
44. When the witness states that he did not see or know the
occurrence of a fact.
A. positive evidence
B. corroborative evidence
C. secondary evidence
D. negative evidence Answer: D
45. Personal property that can be subjects for search and seizure.
A. used or intended to be used as means in committing an
offense
B. stolen or embezzled and other proceeds or fruits of the
offense
C. subject of the offense
D. all of the above Answer: D
46. All persons who can perceive and perceiving, can make known
their perception to others.
A. Suspects
B. witnesses
C. victims
D. informers Answer: B
58. Something that happen outside the sway of our will, and
although it comes about through some acts of our will,
lies beyond the bound s of humanly foreseeable consequences.
A. fortuitous event
B. fate
C. accident
D. destiny Answer: C
64. When the offender enjoys and delights in making his victim
suffers slowly and gradually, causing him unnecessary physical
pain in the consummation of the criminal act.
A. Ignominy
B. cruelty
C. treachery
D. masochism
Answer: B
65. One, who at the time of his trial for one crime shall have been
previously convicted by final judgment of another crime embraced
in the same title of the Revised Penal Code.
A. Recidivism
B. habitual delinquency
C. reiteracion
D. quasi-recidivism Answer: A
66. Alevosia means
A. Craft
B. treachery
C. evident premeditation
D. cruelty Answer: B
67. The law hears before it condemns, proceeds upon inquiry and
render judgment after a fair trial.
A. ex post facto law
B. equal protection of the law
C. rule of law
D. due process of law Answer: D
88. It means that the resulting injury is greater than that which is
intended.
A. Aberratio ictus
B. Error in personae
C. Dura Lex Sed lex
D. Praeter Intentionem Answer: D
90. A stage of execution when all the elements necessary for its
execution and accomplishment are present.
A. Attempted
B. Frustrated
C. Consummated
D. Accomplished
answer: C
91. An act or omission which is the result of a misapprehension of
facts that is voluntary but not intentional.
A. Absolutory Cause
B. Mistake of facts
C. Conspiracy
D. Felony Answer: B
99. Pedro stole the cow of Juan. What was the crime committed?
A. Robbery
B. Farm Theft
C. Qualified Theft
D. Simple Theft Answer: C
100.Pedro, a 19 year old man had sexual intercourse with her 11 year
old girlfriend without threat, force or intimidation. What was
the crime committed?
A. Child rape
B. Qualified Rape
C. Statutory Rape
D. None of these Answer: C
10. "A" stabbed "B". "A" brought "B" to a hospital for medical
treatment.Had it not been the timely medical attendance. "B"
would have died.This is a case of
A. a physical injury
B. an attempted felony
C. a consummated felony
D. a frustrated felony
14. Trial is allowed only after arraignment and the accused may waive
his right to appear at the trial except when his presence is
required for purposes of identification. This is the principle of trial
in __.
A. Substitution
B. Absentia
C. Re-assignment
D. Ordeal
19. Any private person who shall enter the dwelling of another
against the will of the latter
A. none of these
B. trespassing to dwelling
C. light threats
D. usurpation
20. Are those acts and omissions committed not only by means of
deceit, but also by means of fault and are punishable by law.
A. Justifying circumstances
B. Felonies
C. Exempting circumstances
D. Attempted felony
23. Are those crimes committed against the society which produce
direct damage or prejudice common to all its members.
A. Private crimes
B. Public crimes
C. Felony
D. Infractions
1. C
2. B
3. A
4. C
5. B
6. B
7. D
8. D
9. A
10. D
11. D
12. D
13. B
14. B
15. B
16. A
17. A
18. B
19. B
20. B
21. B
22. A
23. B
24. A
25. B
26. D
27. B
28. C
29. B
Evidence Reviewer
Definition Of Terms
Best Evidence Rule - is that rule which requires the highest grade of
evidence obtainable to prove a disputed fact.
Conclusive Evidence - the class of evidence which the law does not allow
to be contradicted.
Cumulative Evidence - evidence of the same kind and to the same state
of facts.
Direct Evidence - that which proves the fact in dispute without the
aid of any inference or presumption.
Facts In Issue - are those facts which the plaintiff must prove in order
to establish his claim and those facts which the defendant must prove
in order to establish a defense set up by him, but only when the fact
alleged by the one party is not admitted by the other party.
Facts Relevant To The Issue - are those facts which render the probable
existence or non-existence of a fact in issue, or some other relevant
fact.
Factum Probans - is the evidentiary fact or the fact by which the factum
probandum is to be established. Materials which establish the proposition.
Implied Admissions - are those which may be inferred from the acts,
declarations or omission of a party. Therefore, an admission may be
implied from conduct, statement of silence of a party.
Judicial Notice - no more than that the court will bring to its aid
and consider, without proof of the facts, its knowledge of those
matters of public concern which are known by all well-informed
persons.
- cognizance of certain facts which judges may take
and act on without proof because they are already known to them.
Negative Evidence - when the witness did not see or know of the occurrence
of a fact. There is a total disclaimer of persona knowledge, hence without
any representation or disavowal that the fact in question could or could
not have existed or happened. It is admissible only if it tends to
contradict positive evidence of the other side or would tend to exclude
the existence of fact sworn to by the other side.
Positive Evidence - when the witness affirms that a fact did or did not
occur. Entitled to a greater weight since the witness represents of his
personal knowledge the presence or absence of a fact.
Primary Evidence - that which the law regards as affording the greatest
certainty of the fact in question. Also referred to as the best evidence.