Professional Documents
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Crime Analysis: Online Internship Program
Crime Analysis: Online Internship Program
Crime Analysis
“Case Assignment”
Batch “ARMADILLOS”
2nd Semester S.Y. 2021 – 2022
Prepared by
Cover Page i
Table of Contents ii
A. INTRODUCTION 1
I. Rationale 1
II. Theoretical Background 5
B. CRIME SITUATION 7
C. LAW ENFORCEMENT PILLAR
I. Documents and other evidence to be prepared
o Complaint
o Affidavit
o Soon and so fort
D. PROSECUTION PILLAR
I. Instances of Warrantless Arrest
II. Manner of Arresting the Perpetrator
III. Inquest Proceedings
IV. Preliminary Investigation
V. Similarities and differences of Inquest and Preliminary
Investigation
VI. INFORMATION and its Sample Document
E. COURT PILLAR
I. Flow of Prosecution in Criminal Cases
o Arraignment
o Soon and so fort
II. Instances when the presence of the accused in court
is necessary
III. When accused move to quash the Information
IV. 20 direct questions to the case
V. 10 cross exam questions to the case
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F. CORRECTION PILLAR
I. Documents to be presented by the P.D.L escort.
o Mittimus Order
o Soon and so fort
II. Rights of convicted prisoners
III. Recreational and Rehabilitation Program
o Religious Program
o Soon and so fort
IV. Executive Clemency and the Indeterminate Sentence
Law.
V. Importance of Good Conduct Time Allowance
VI. Early Modes of Releases
VII. Probation
G. COMMUNITY PILLAR
I. Possible Problem of Committing Another Crime
II. Recommendation and Proposal
H. RESEARCH AND READINGS
I. Jumawid vs People of the Philippines
II. Marven vs People of the Philippines
III. Title of Decided Cases 3
I. RECOMMENDATION AND CONCLUSION
I. Recommendation
II. Conclusion
J. REFERENCE CITED
K. CURRICULUM VITAE
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INTRODUCTION
I. Rationale
The term robbery refers to the theft of property from a person by force or
threat of force. In the Philippines, the robbery rate was 15.3 cases for every
100,000 residents in 2017. This is significantly higher than the national average
of 8.73 cases per 100,000 people in the country. Although the robbery rate in the
Philippines has fluctuated significantly in recent years, it still remained at 15.3
cases per 100,000 people in 2017.
Although it is common for people to mistakenly believe that certain types
of crimes do not become official statistics, such as robbery, this is not the case
with other criminal incidents. For instance, if a Chicago robbery incident occurs,
the victim or the other person who reported it to the police must first identify the
crime. The police then conduct an investigation and come up with a report
identifying the incident as a robbery. The detective division of the police must
determine if the incident was a robbery or if it was another crime. If they decide
that it was another crime, then the incident is not founded. If they decide that it
was a robbery, then it becomes part of the uniform crime reports.
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2. That the entrance was affected by any of the following means:
a. Through an opening not intended for entrance or egress;
3. That once inside the building, the offender took personal property
belonging to another with intent to gain.
The Crime of Robbery in an inhabited house or public building or edifice
devoted to worship of art. 299 of the RPC shall be punished by “reclusion
temporal”. The penalty for robbery with force upon things in inhabited house,
public building or edifice devoted to religious worship depends on the value of
property taken and on whether or not offender is armed.
Strain Theory – Strain theories state that certain strains or stressors increase the
likelihood of crime. These strains lead to negative emotions, such as frustration
and anger. These emotions create pressure for corrective action, and crime is
one possible response. Crime may be used to reduce or escape from strain,
seek revenge against the source of strain or related targets, or alleviate negative
emotions. For example, individuals experiencing chronic unemployment may
engage in theft or drug selling to obtain money, seek revenge against the person
who fired them, or take illicit drugs in an effort to feel better.
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Emile Durkheim developed the first modern strain theory of crime and
deviance, but Merton’s classic strain theory and its offshoots came to dominate
criminology during the middle part of the 20th century. Classic strain theory
focuses on that type of strain involving the inability to achieve monetary success
or the somewhat broader goal of middle-class status. Classic strain theory fell
into decline during the 1970s and 1980s, partly because research appeared to
challenge it. There were several attempts to revise strain theory, most arguing
that crime may result from the inability to achieve a range of goals—not just
monetary success or middle-class status. Robert Agnew developed his general
strain theory (GST) in 1992, and it has since become the leading version of strain
theory and one of the major theories of crime. GST focuses on a broad range of
strains, including the inability to achieve a variety of goals, the loss of valued
possessions, and negative treatment by others. GST has been applied to a range
of topics, including the explanation of gender, race/ethnicity, age, community,
and societal differences in crime rates. It has also been applied to many types of
crime and deviance, including corporate crime, police deviance, bullying, suicide,
terrorism, and eating disorders. Much evidence suggests that the strains
identified by GST increase the likelihood of crime, although the predictions of
GST about the types of people most likely to respond to these strains with crime
have received less support.
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rates of robbery. This results from such places having the lowest level of
legitimate opportunities, and therefore robbery becomes a plausible illicit
opportunity for success.
Social disorganization theory offers a similar perspective. This theory
argues that neighborhoods with high poverty and population heterogeneity tend
to lack strong, informal social control. Social disorganization theory may be
useful for understanding how robbery distributions across geographic space are
associated with larger structural dynamics in society. In sum, one may expect to
find higher robbery rates in neighborhoods with fewer legitimate opportunities
and with lower levels of social control. Overall, such theories help explain why
robbery is more concentrated in some places when compared with others.
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Routine activities theory is a subsidiary of rational choice theory.
Developed by Cohen and Felson (1979), routine activities theory requires three
elements be present for a crime to occur: a motivated offender with criminal
intentions and the ability to act on these inclinations, a suitable victim or target,
and the absence of a capable guardian who can prevent the crime from
happening. These three elements must converge in time and space for a crime to
occur.
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CRIME SITUATION
Robbery
Complainant: Juan B. Corna
Offfender: Roberto C. Kalwag
When : 11:30 pm on June 16, 2021
Where: West Poblacion, Alburquerque, Bohol
Scenario:
June 16, 2021 at 11; 35 Ms. Juan B. Corna a resident of West Poblacion
Alburquerque, Bohol call for assistance to the police station, Corna Reported that
her house is being rod. She Identify the robber as Roberto C. Kalwag. Corna
stated that the perpetrator broke through the window using a saw. Corna has
notice the noise cause by the saw and check if there is something wrong, when
the lights are turn on Corna saw Rebort already have finish taking some valuable
item and then escape to the window that he broke.
When the police arrive Corna Reported that the perpetrator have escape with the
valuable item that were stolen are the following bellow:
1 Lenovo laptop,
10,000 cash, and
5 jewelry
1 pearl bracelet
1 pearl Necklace
1 18karat gold wedding ring
1 pair pearl earrings
1gold plated Timex wrist watch
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LAW ENFORCEMENT PILLAR
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Sample Blotter:
8
(3,600)
1 pearl Necklace
(6,000)
1 18karat gold ring
(8,000)
1 pair pearl earrings
(2600)
1 gold plated Timex
wrist watch (15,000) a total
worth of Sixty five two
hundred thousand pesos
(65,200). Ocular inspection
of the area conducted
revealed that there were
signs of forced entry in the
window, however, it was
vehemently believed that the
suspect gained entry from
the window that the suspect
saw down the grill of the
window using a hack saw
that allowed to enter the
bedroom.
Prepared by:
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10
Republic of the Philippines
National Police Commission
PHILIPPINE NATIONAL POLICE, POLICE REGIONAL OFFICE 7
BOHOL POLICE PROVINCAL OFFICE
ALBUQUERQUE POLICE STATION
West Poblacion, Alburquerque, Bohol
LAW VOILATED:
Paragraph 1 of art. 299 of the Revise Penal Code of the Philippines. Robbery in
an inhabited house or public building or edifice devoted to worship.
WITNESS/ES: Name & Address:
DATE & TIME OF COMMISION:
11
June 16, 2021
PLACE OF COMMISSION:
West Poblacion, Alburquerque, Bohol, Philippines near globe cell site.
CERIFICATION
I CERTIFY under oath, that all the information on this sheet are true and correct
to the best of knowledge and belief, that I have not commenced any action or
filed any claim involving the same issues in any court, tribunal, quasi-judicial
agency, and that if I should thereafter learn that a similar criminal action has be
filed and/or is pending. I shall report that fact to this Honorable Office within (5)
days from knowledge thereof.
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Republic of the Philippines
National Police Commission
PHILIPPINE NATIONAL POLICE, POLICE REGIONAL OFFICE 7
BOHOL POLICE PROVINCAL OFFICE
ALBUQUERQUE POLICE STATION
West Poblacion, Alburquerque, Bohol
COMPLAINT
AFFIDAVITS
EXHIBIT/S
1. Police Blotter with blotter entry # 0-001, dated June 16, 2021
2. Medical Certificate of the victim
3. Photograph of the area
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4. Photograph of items recovered 5 Mugshot of the suspect
5. Physical and Mental Examination of the suspect
7. Receipt of Object Evidence
KIM R. DIZON
Police Staff Sergeant
Crime Investigator
14
Republic of the Philippines
National Police Commission
PHILIPPINE NATIONAL POLICE, POLICE REGIONAL OFFICE 7
BOHOL POLICE PROVINCAL OFFICE
ALBUQUERQUE POLICE STATION
West Poblacion, Alburquerque, Bohol
POLICEREPORT
AN EXTRACT COPY FORM THE MAIN POLICE BLOTTER HQS, PHILIPPINE
NATIONAL POLICE ALBURQUERQUE POLICE STATION, Municipality of
Alburquerque, Bohol.
Entry Number:
Event : Spot report on arrested person for robbery
Date/Time : June 16, 2021 at 11:30 pm
1. What: Arrested Person for Robbery
2. Who: Suspect:
ROBERTO KALWAG Y CELCO, 44 years old, single, resident of
from Brg. Dangay, Alburquerque, Bohol;
3. When: OOA 11:30 pm of June 16, 2021
4. Where: West Poblacion, Alburquerque, Bohol
5. Why/how: That on about 11:30 PM of June 16, 2021, this station call from
JUAN CORNA, request assistance at West Poblacion near the cell cite of
globe at the above-cited date, time, and place. Personnel from Robbery
Section led by PSSG Richard Maglent and Pat. Neil Requilme responded
to the area. Initial Investigation revealed that while the owner Juan Corna
Y Bogong, 30 years old, female, single, resident West Poblacion,
Alburquerque, Bohol. Juan Corna was about to go to sleep when Juan
notice some unusual noise in the bedroom, surprisingly she (Juan Corna )
saw a male person wearing a black sweatshirt and black pants with a
backpack about to climb out to the window. That a chasing incident
between them ensued which resulted in the arrest of the suspect with the
aid of the residents/bystanders in the area. That the suspect sustained a
minor injury on his face when he was attacked by the bystanders, while
Juan Conra sustained a Minor injury in his left knee when she wrestled
with the suspect. Recovered from the possession and immediate control
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of the suspect was a 1 Lenovo laptop (20,000) 10,000 cash, and 5
jewelry
1 pearl bracelet (3,600)
1 pearl Necklace (6,000)
1 18karat gold ring (8,000)
1 pair pearl earrings (2600)
1 gold plated Timex wrist watch (15,000) a total worth of Sixty five
two hundred thousand pesos (65,200). Ocular inspection of the area
conducted revealed that there were signs of forced entry in the window,
however, it was vehemently believed that the suspect gained entry from
the window that the suspect saw down the grill of the window using a hack
saw that allowed to enter the bedroom.
Dafter:
PSSG Kim Dizon
Crime Investigator
16
Republic of the the Philippines )
Municipality of Alburquerque
Province of Bohol )
X------------------------------------------x
AFFIDAVIT
2. That on June 16, 2021, at on about 11:30 P.M., before going to bed have
notice something unusual noise in my bed room;
3. That when I arrived in my bed room, I noticed that there was somebody
and turn on the lights to clearly see what is happening;
4. That I surprisingly saw a man wearing a black sweatshirt with black pants
and with a black and white backpack, climbing out through the window of
my bedroom;
5. That as a consequence, I ran after the man until I was able to grab him
and wrestled him near the near the public market of the Municipality of
Alburquerque, and as a result, the suspect was apprehended and with the
aid of the residents/bystanders in the area:
6. That during our commotion. I sustained an injury on my left knee, while the
suspect also sustained an injury particularly in his face after he was
attacked by the bystanders who came to help/assist me;
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18karat gold ring, one(1) pair pearl earrings, and one (1) gold plated
Timex wrist watch) inside;
JUAN CORNA
Affiant
18
Republic of the the Philippines )
Municipality of Alburquerque
Province of Bohol )
X------------------------------------------x
AFFIDAVIT
3. That on June 16, 2021 at about 11:30 PM., our station received a call from
Juan Corna, informing our office about an alleged robbery incident that
happened just recently in West Poblacion, Alburquerque , Bohol near cell
site of globe wherein the alleged suspect was arrested;
4. That I together with PSSg Neil Requilme responded to the same incident,
and when we arrived, we saw a man wearing black sweatshirt, black
pants, and a backpack color black and white combination previously
apprehended by the owner of the Residence with the assistance of the
bystanders of the area;
5. That Ms. Juan Corna turn over to us the alleged suspect, however, we
have first conducted our initial interview and investigation of the same
incident, wherein we have found out that the same suspect was seen by
Ms. Juan inside her house climbing out through the window, hence a
chasing incident ensued between the owner (Ms. Juan) and the suspect
ensued until the suspect was apprehended near Public market of the
Municipality of Alburquerque with the aid of the residents of the area;
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6. That we subjected the suspect for a physical search and we also
conducted a search to his backpack which was of his immediate control
and we found a one (1) Lenovo laptop, 10,000 cash, and (five) 5
jewelry ( one (1) pearl bracelet, one (1) pearl Necklace, one (1)
18karat gold ring, one(1) pair pearl earrings, and one (1) gold plated
Timex wrist watch) inside his backpack color black and white
combination;
7. That the victim/owner positively identified that the one (1) Lenovo laptop
(20,000) 10,000 cash, and 5 jewelry one (1) pearl bracelet (3,600) 1
pearl Necklace (6,000) 1 18karat gold ring (8,000) 1 pair pearl
earrings (2600 1 gold plated Timex wrist watch (15,000) the total
worth of about Sixty five two hundred thousand pesos (65,200);
10. That any other facts and circumstances surrounding the same incident,
which I failed to elaborate in this affidavit will be further explained in court;
11. That, I am executing this affidavit to attest the truthfulness of the foregoing
facts and to support the filling of appropriate charges against the
aforementioned suspects in court.
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SUBSCRIBED AND SWORN to before me this 17 day of June 2021 at
Municipality of Alburquerque, Bohol, Philippines. I further, certify that I have
personally examined the affiant and I am convinced that he voluntarily
executed and understood his foregoing statement
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June 16, 2021
Date
TO WHOM IT MAY CONCERN:This is to certify that Juan B Corna (Name
of patient) (Male Female / ) _30_ of age, from West Poblacion, Alburquerque,
Bohol, Philippines (Address) SUSTAIN SCRATCHES IN HER LEFT KNEE and
was examined and treated/confined in this hospital on/from Alburquerque
Medical Center (Date admitted)to June 16, 2021 for the following:(Date
discharged) June 16, 2021
Kennjimm Lasta
Medical Physician
22
Republic of the Philippines
National Police Commission
PHILIPPINE NATIONAL POLICE, POLICE REGIONAL OFFICE 7
BOHOL POLICE PROVINCAL OFFICE
ALBUQUERQUE POLICE STATION
West Poblacion, Alburquerque, Bohol
1. One (1) unit Lenovo Yoga Laptop color black and gray combination
mark as H1 worth Php 20,000.00
2. Php 10,000.00 cash mark as H2
3. One (1) white pearl bracelet mark as H3 worth Php3,600.00
4. One (1) white pearl Necklace mark as H4 worth Php6,000.00
5. One (1) 18karat gold ring mark as H4 worth Php8,000.00
6. One (1) pair white pearl earrings mark as H5 worth Php2,600.00
7. One (1) gold plated Timex wrist watch mark as H6 worth Php15,000.00
___________________________
Date and time
CC:________________________ PCPL ROWEL MAGDANO
Prosecutor Designated Evidence Custodian
23
Republic of the Philippines
Municipal Health Center
Alburquerque, Bohol
88
PHYSICAL: T- 36.4 ℃ bp
100
Fit as of the time there are no signs and symptom of bruises.
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PROSECUTION PILLAR
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the complaint letter provided by the aggrieved party, peace officer, or public
officer, as well as to seek for probable cause.
VI. INFORMATION
It is an allegation in writing that charges a person with a crime. Only a
prosecutor can subscribe to information and file it immediately with the court. The
individual who requests an Information approaches the prosecutor directly, and
the written allegations may only be subscribed to by the prosecutor. not another
individual or group
26
Republic of the Philippines
REGIONAL COURT OF THE BOHOL
7th Judicial Region
Branch 4
City of Tagbilaran
THE PEOPLE OF THE PHILIPPINES CRIMINAL CASE NO: 0000-101
Plaintiff FOR: Robbery in an inhabited house
-Versus-
ROBERTO KALWAG Y CELCO
Accused
X----------------------/
INFORMATION
The undersigned Associate Provincial Prosecutor hereby accuses
ROBERTO KALWAG Y CELCO, 44 years old, single, resident of from Brg.
Dangay, Alburquerque, Bohol for the crime of robbery force upon things and
penalized under Article 299 Robbery in an inhabited house or public building or
edifice devoted to worship of Revised Penal Code of the Philippines, committed
as follow:
That on or about June 2021, in the City of Tagbilaran, Philippines and within the
jurisdiction of this Honorable Court, the above-name accused with the intent to
cast dishonor, hold in public contempt, discredit, disrespect on JUAN CORNA y
BOGONG, did rob the residence with intent to gain.
Subscribed and sworn to me before this 25th day of June 2021, in Municipality of
Cortes
CONTRARY TO THE LAW.
Municipality of Alburquerque, Philippines, June 16, 2021
DARWIN JADE GABIN
Associate Provincial Prosecutor
27
APPROVED:
AIRA PALMA
Provincial Prosecutor
CERTIFICATION
I HEREBY CERTIFY that the above-entitled case filed under the Summary
Procedure on Special Cases as approved by the Supreme Court on June 16,
1983, effective 1983 as amended by AM. No. 2011-01-SC
MARK PHILIP UNGAB
Assistant City Prosecutor
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COURT PILLAR
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2. Pre-Trial
The term "pretrial hearing" refers to a meeting between the parties
involved in a legal dispute, which occurs prior to the start of the trial, after being
served with a lawsuit.
The parties involved in the meeting may include: Other parties may be
included in pretrial hearings, because these meetings are intended to help clear
up any issues and administrative details that can be handled prior to the actual
trial
As previously stated, the objective of a pretrial hearing is to address any
minor difficulties before the court case begins, allowing the trial to progress more
efficiently. If the matter still has to proceed to trial after a pretrial hearing, the
parties are authorized to communicate information that will help with trial
preparation. In some circumstances, a pretrial hearing provides for a settlement
and avoidance of the time and expense of a trial. Furthermore, pre-trial hearings
assist the judge in completely understanding the topics and parties involved in
the case, as well as establishing their authority.
The purpose of the pre-trial is to expedite proceedings, it is mandatory in
all criminal cases cognizable by the Sandiganbayan, RTC, MTC and MCTC. It is
being conducted after arraignment, and within 30 days from the day the court
acquires jurisdiction over the person of the accused. An exception to the rule is
when the accused is under preventive detention. The case shall be raffled within
3 days. Arraignment shall be done within 10 days after raffle. Ten days thereafter
is the pre-trial. The order for Pre-trial conference must contain the presence of
the accused and more importantly the offended party for the purpose of plea
bargaining and determination of civil liability, referring the matter for preliminary
conference to the clerk of court, warning that evidence not offered during
preliminary conference shall be inadmissible expect if because of good cause
and under discretion of the court.
The one who will preside the preliminary conference is the Court Clerk.
The Clerk is given a vital role in the speeding disposition of cases. He/she is
served as the mediator or arbitrator between parties regarding to plea bargaining,
mediator in the stipulation of facts between the accused and offended party.
He/she oversees the introduction and marking of documentary evidence, see that
the evidences are genuine and duly
A pretrial hearing might result in a variety of outcomes. First, the court
may establish certain ground rules for how the case will be handled.
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3. Trial
A judicial examination and determination of facts and legal issues arising
between parties to a civil or criminal action." In the United States, the trial is the
primary method for resolving legal disputes that parties cannot settle by
themselves or through less formal methods. The main purpose of a trial is to
secure fair and impartial administration of justice between the parties to the
action.
In the trail, the prosecution shall present evidences related to the case
files against him, while the defense may also present evidence to prove that he is
not guilty of such crime. Both parties may present rebuttal and surf-rebuttal
evidences unless the court permits them to present additional evidence related to
the main issue. Upon admission of evidence of both parties, the case will be
deemed submitted for decision unless the court directs them to argue orally or to
submit written memo, and if the accused admits the act filed against him in the
complaint or information, the order of trial may be modified.
After pre of not guilty is entered, the accused shall have at least fifteen
(15) days to prepare for trial. The trial shall commence within thirty (30) days
from the receipt of the pre-trial order. The entire trial period should not exceed
180 days from the first day of trial, except if authorized by the Supreme Court.
Once the trial is commenced, shall continue from day to day as far as practicable
until terminated. It may be postponed for a reasonable period of time for good
cause.
The court shall, after consultation with the prosecutor and defense
counsel, set the case for continuous trial on a weekly or other short-term trial
calendar at the earliest possible time so as to ensure speedy trial. In no case
shall the entire trial period exceed one hundred eighty (180) days from the first
day of trial, except as otherwise authorized by the Supreme Court.
A. Prosecution Evidence
I. Formal Offer of Testimonial Evidence “Witness”
Exhibits can be anything, other than testimony that can be perceived by
the senses and be presented in court. Exhibits have tremendous impact and
should be used to help tell the story to the Judge. For example, consider using
charts, diagrams, photographs and physical objects such as clothing to assist in
creating a more visual case.
When using exhibits, it must be shown to the opposing counsel before trial
what exhibits planned to use during the actual trial. Prior to moving an exhibit into
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evidence, the exhibits should be marked as evident. This typically entails the
judge asking the counsel to label then exhibit with a number or letter. To
introduce an exhibit into evidence, the council must follow the proper procedure.
Direct Examination - The primary questioning of a witness during a trial by the
side for which that person is acting as a witness. During the course of a direct
examination, the attorney conducting the interrogation generally asks specific
questions that provide the foundation of the case. After a witness is directly
examined, the opposing side conducts a cross-examination, the purpose of
which is to impeach or test the validity of the testimony.
When it is time for the counsel to call his/her witness to the witness stand,
ask the judge by saying “YOUR HONOR, I WOULD LIKE TO CALL TO THE
WITNESS STAND”, the witness will then swear under oath in before testifying.
After the witness swears to tell the truth and nothing but the truth, the council
may wish to ask some basic introductory questions to make the witness feel
comfortable.
The purpose of a direct examination is to ask questions that develop a
subject in logical sequence. It is important to listen to both the questions
continuing developing the subject in a logical sequence.
Cross Examination - On cross-examination, an attorney typically questions a
witness presented by the opposing party. An opposing party's expert witness can
be expected to have offered opinions and conclusions that favor that party's view
of the case. Cross-examination provides an opportunity to bring up facts that are
inconvenient to the opposing party's position, which are often elided during direct
examination
Redirect Examination - The trial procedure that follows cross-examination is
known as redirect examination, and it is used by the party who summoned the
witness initially and questioned him or her. During reexamination, the party who
provided the witness will have an opportunity to clarify or otherwise qualify any
harmful or accusatory testimony presented by the opponent during cross-
examination. Redirect examination may be confined to solely the issues raised
during cross-examination.
Recross Examination - Recross examination refers to the restart of cross-
examination by the original cross-examiner in order to answer to issues that may
have surfaced during a witness's re-examination
Formal Offer of Exhibits
Exhibits can be anything, other than testimony that can be perceived by
the senses and be presented in court. Exhibits have tremendous impact and
should be used to help tell the story to the Judge. For example, consider using
32
charts, diagrams, photographs and physical objects such as clothing to assist in
creating a more visual case.
When using exhibits, it must be shown to the opposing counsel before trial
what exhibits planned to use during the actual trial. Prior to moving an exhibit into
evidence, the exhibits should be marked as evident. This typically entails the
judge asking the counsel to label then exhibit with a number or letter. To
introduce an exhibit into evidence, the council must follow the proper procedure.
Documentary Evidence - Evidence found in or on documents might be
considered actual evidence. A contract, for example, given to establish the
provisions it includes is both documented and genuine proof. When a party
provides a document as evidence, the party must authenticate it in the same
manner that any other actual evidence is authenticated, either by a witness who
can identify the document or by witnesses who can establish a chain of custody
for the document.
Object Evidence - Object evidence is evidence that is targeted to the court's
senses. Anything can be considered object evidence if it can be seen, smelled,
heard, felt, or tasted and is also given to be seen, smelled, heard, touched, or
tasted. Section 1 of RULE 130. As evidence, present the object. - Objects used
as evidence are those that appeal to the court's senses. When an object is
important to the matter at hand, it may be displayed, inspected, or viewed by the
court.
Comment of Defense
The fact that the statements complained of constitute a reasonable remark
on an issue of public interest is a defense to a libel suit. The rationale for this is
because freedom of expression is not just one of a person's fundamental rights,
but it is also critically necessary to the democratic standards that underpin our
libel law and under which the people are expected to sit in judgment on all public
matters. As a result, the watchful vigilance with which open criticism on all topics
of public importance is protected.
The doctrine of fair comment simply states that, while every discreditable
imputation publicly made is deemed false, because every man is presumed
innocent until judicially proven, and every false imputation is presumed malicious,
the discreditable imputation is not necessarily actionable when directed against
an officer in his official capacity. The imputation must be either a false accusation
of fact or a statement based on a false hypothesis in order to be liable. If the
statement is an expression of an opinion based on verifiable facts, it makes no
difference if the view is incorrect, as long as it can be fairly deduced from the
facts. Comments may be reasonable, yet they are incorrect.
Ruling of Court
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A ruling is the decision of a court on an issue submitted in a lawsuit. A
ruling may refer to a judgment, which may be final or provisional. A ruling may
also refer to a court's decision on a party's motion or writ application.
4. Judgement
A judgment made by a court or other body that resolves a dispute and
establishes the parties' rights and duties. A judgment is the last stage of a
legal proceeding. Because it is considered as the court's authoritative
statement of the law on the matter that was pending before it, a proper
judgment resolves all contentious issues and ends the litigation. It specifies
who wins the case and what remedies the winner receives. Money damages,
injunctive relief, or both may be awarded as remedies. A decision also
indicates that the court's jurisdiction over the matter has ended. Only appeals
from final judgements are permitted under the Federal Rules of Civil
Procedure and most state rules of civil procedure.
A ruling must be in writing and must clearly demonstrate that all
problems have been resolved. It must specify the parties for and against
whom it is granted. Monetary assessments must be precise, specific, and
communicated in words rather than statistics. Real property judgments must
include a precise description of the land so that it may be easily identified.
When a court issues a decision, it must be dated and filed with the court
administrator's office. Prior to the advent of contemporary computer systems,
judgements were filed in an alphabetical docket book so that interested
outsiders might get formal notice of them.
The court administrator created a judgment index for record keeping
and notifying reasons. Most courts now electronically record rulings and keep
computer docketing and index information. Though the methods for storing
information vary, the underlying process stays the same. A court may rectify
mistakes or ambiguities in its ruling that may cause its genuine meaning to be
misinterpreted. Corrections are possible for omissions, incorrect inclusions,
and descriptions. An amended judgment, however, cannot bring those who
were not parties to the case into the litigation.
Different sorts of judgments are issued depending on the method used
by the court to reach a final conclusion. A judgment on the merits is a
conclusion reached after the facts have been presented and the court has
made a final judgement of which side is correct. For example, in a Negligence
lawsuit conducted before a jury, the ultimate decision will result in a verdict on
the merits. A decision based purely on a procedural mistake is a dismissal
without prejudice and is often not regarded a ruling on the merits. A party
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whose lawsuit is rejected without prejudice may re-file the claim as long as
the procedural flaws are addressed.
The notion of Res Judicata prevents a party from relitigating the same
issue after receiving a ruling on the merits. This theory maintains the idea that
a judicially decided question is resolved once and for all. A Summary
Judgment can be issued quite early in the course of a litigation. Any party
may file a move for summary judgment on a claim, counterclaim, or cross-
claim under Rule 56 of the Federal Rules of Civil Procedure and comparable
state rules where he or she thinks there is no real dispute of material fact and
that he or she is entitled to triumph as a Matter of Law.
A summary judgment motion might be aimed at the full claim or
defense or at any section of the claim or defense. A court decides whether or
not to give summary judgment. A judgment in favor of one party despite a
judgement in favor of the opposing plaintiff is known as a Judgment
Notwithstanding the Verdict. If the court decides there was insufficient
evidence to warrant the jury's decision, it may enter a judgment
notwithstanding the verdict, thus overturning the jury verdict.
A consent judgment, sometimes known as an agreed judgment, is a
final ruling reached by agreement of the parties. The court examines and
evaluates it, and if it is approved, it is ordered to be recorded as a binding
decision. In most domestic relations matters, consent judgments are issued
after the husband and wife agree on a property and support settlement in a
divorce. A default judgment occurs when the stated defendant fails to appear
in court or when one side fails to follow certain procedural requirements. It is
entered when a party fails to attend or plead at the right time. The defendant
must be properly served with notice of the current case before a default
judgment can be issued.
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(a) To be presumed innocent until the contrary is proved beyond
reasonable doubt; (b) To be informed of the nature and cause of the accusation
against him; (c) To be present and defend in person and by counsel at every
stage of the proceedings, from the arraignment to the promulgation of judgment.
The accused may, however, waive his presence at the trial pursuant to the
stipulations set forth in his bail bond, unless his presence is specifically ordered
by the court for purposes of identification. The absence of the accused without
any justifiable cause at the trial on a particular date of which he had notice shall
be considered a waiver of his right to be present during that trial. When an
accused under custody had been notified of the date of the trial and escapes, he
shall be deemed to have waived his right to be present on said date on all
subsequent trial dates until custody is regained. Upon motion, the accused may
be allowed to defend himself in person when it sufficiently appears to the court
that he can properly protect his right without the assistance of counsel; (d) to
testify as a witness in his own behalf but subject to cross-examination on matters
covered by direct examination. His silence shall not in any manner prejudice him;
(e) to be exempt from being compelled to be a witness against himself; (f) to
confront and cross-examine the witnesses against him at the trial. Either party
may utilize as part of its evidence the testimony of a witness who is deceased,
out of or cannot with due diligence be found in the Philippines, unavailable or
otherwise unable to testify, given in another case or proceeding, judicial or
administrative, involving the same parties and subject matter, the adverse party
having had the opportunity to cross-examine him; (g) To have compulsory
process issued to secure the attendance of witnesses and production of other
evidence in his behalf; (h) To have a speedy, impartial and public trial; and (I) To
have the right of appeal, in all cases allowed and in the manner prescribed by
law.
Presence of the Accused is required:
1. During arraignment (Sec. 1b, Rule 116)
2. Promulgation of judgment EXCEPT when the conviction is for a light offense,
in which case, it may be pronounced in the presence of his counsel or
representative.
3. when ordered by the court for purposes of identification
Not applicable in the SC and CA
- The law securing to an accused person the right to be present at every stage at
the proceedings has no application to the proceedings before the CA and the SC
nor to the entry and promulgation of the judgments. The defendant need not be
present during the hearing of the appeal. (Sec. 9, Rule 124)
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III. When should the accused move to quash the information filed
against him?
To file a move to quash, you must prepare the motion and file it in the
case/court listed on the paper you were served with. When a move to quash is
filed, the subpoena is stayed until a court rules on the motion or the subpoenaed
party and the issuing party reach an agreement. It is critical to understand that
not all motions to quash are the same. A move to quash a warrant, for example,
is not the same as a motion to quash a subpoena. A motion to quash a warrant is
a criminal proceeding in which the defendant asserts that evidence was obtained
in violation of his or her Fourth Amendment rights. The Fourth Amendment
protects individuals and property against unwarranted searches and seizures.
37
Republic of the Philippines
REGIONAL COURT OF THE BOHOL
7th Judicial Region
Branch 4
City of Tagbilaran
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V. From the direct questions pretend you are the defense counsel, ask
at least 10 cross exam questions that the purpose of which is to
destroy credibility or to create doubt or to introduce the defense of
accused
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CORRECTION PILLAR
I. Enumerate the documents to be presented by the escorting personnel
during the commitment of P.D.L in jail. Then explain the purpose of each
document
CARPETA
Mittimus Order
Mittimus Order - a warrant issued by a court bearing its seal and the
signature of the judge, directing the jail or prison authorities to receive inmates
for the service of sentence.
Commitment Order
Commitment Order a written order of the court or any other agency
authorized by law to issue, entrusting an inmate to a jail for the purpose of
safekeeping during the perdercy of his/her case
Medical
A medication order is written directions provided by a prescribing
practitioner for a specific medication to be administered to an individual. The
prescribing practitioner may also give a medication order verbally to a licensed
person such as a pharmacist or a nurse.
Information
An information is an accusation in writing charging a person with an
offense, subscribed by the prosecutor and filed with the court.
Decision
A decision is an official proclamation by a judge (or panel of judges) that
defines the legal relationships between the parties to a hearing, a trial, an appeal
or other court proceedings.
A decision can mean either the act of delivering a court's order or the text of
the order itself. The text of a decision usually includes a brief summary of the
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facts, a discussion of relevant laws, the court's reasoning and orders. Decision is
often used interchangeably with “judgment”, “ruling”, and “order”.
Certificate of Detention
This is a written document that proves that a specific detainee was
detained on a specific lock-up jail.
The detention of suspects is the process of keeping a person who has been
arrested in a police-cell, remand prison or other detention center before trial or
sentencing. This is a certification stating that the person with deprived of liberty is
being detained and in the custody of the court or institutions.
In any case in which a person is arrested and released pursuant to paragraph
(1), (3), or (5) of subdivision (b) of Section 849, the person shall be issued a
certificate, signed by the releasing officer or his superior officer, describing the
action as a detention.
In any case in which a person is arrested and released and an accusatory
pleading is not filed charging him or her with an offense, the person shall be
issued a certificate by the law enforcement agency which arrested him or her
describing the action as a detention. The Attorney General shall prescribe then
form and content of the certificate.
Any reference to the action as an arrest shall be deleted from the arrest records
of the arresting agency and of the Department of Justice. Thereafter, any record
of the action shall refer to it as a detention.
Certificate of no appeal
“Certificate of Non-Appeal” is simply a document issued by the clerk of the
Court and certified by the County Clerk which states that as of a particular date,
there is no pending action in the matter of the case and that the case is
considered final and closed. In other words, the No Appeal Certificate is issued in
confirmation that the decision on the case dissolution has not been appealed by
the defendant, the time for filing an appeal has expired and the court decision is
considered final and irrevocable. This is a document that can prove that the
accused case decision is confirmed final and closed.
41
Republic of the Philippines
REGIONAL COURT OF THE BOHOL
7th Judicial Region
Branch 4
City of Tagbilaran
RECEIPT OF DETAINEE
There has been receive in the prison the body of ROBERTO KALWAG Y
CELCO, accused in the above entitled cases, now pending in this Court
charged with the crime of ROBBERY IN AN INHABITED HOUSE OR
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PUBLIC BUILDING OR EDIFICE DEVOTED TO WORSHIP UNDER
ARTICLE 299 OF THE REVISE PENAL CODE OF THE
PHILIPPINES .The said accused to be continued by me during the
pendency of said action,
Subject to the Order of said Court.
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Republic of the Philippines
REGIONAL COURT OF THE BOHOL
7th Judicial Region
Branch 4
City of Tagbilaran
MITTIMUS
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There has been received in this prison the body of ROBERTO KALWAG
Y CELCO , who has been sentence by the Regional Trial Court of Bohol,
Branch 4, to suffer a penalty _______________ and to pay the
cost________________
The time of imprisonment will commence to run from the__ day of __. City
of Tagbilaran 27TH day of JUNE 2022.
__________________________________, 2022 DIRECTOR OF
PRISONS.
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II. RIGHTS OF CONVICTED PRISONNERS
1. PRESUMTION OF INNOCENCE
Criminal proceedings which start from a presumption of guilt and put the
onus to prove one’s innocence on the accused are inherently unfair. It is not by
accident that virtually all enlightened judicial systems take the opposite approach,
assuming that, in Blackstone’s famous words. “it is better than ten guilty persons
escape than that one innocent suffer”.
4. SWIFTNESS OF JUSTICE
Justice delayed is justice denied. While this statement holds true for most
legal disputes it is of particular relevance to criminal proceedings.
7. TRANSPARENCY
Criminals may hold their meetings behind closely guarded doors; criminal
court may not. In camera trials are incompatible with a liberal idea of justice.
Some degree of transparency and public scurrility is vital to ensure that the rule
46
of law is not perverted. The public and the media, while often driven by other
motives, play an important role as watchdogs over the judicial system.
8. PROPORTIONALITY OF MEANS
Not everything that can be done to convict a criminal must be done 24/7
video surveillance of an individual’s living quarters only to catch a shoplifter is
evidently excessive.
10.DIGNITY
All aforementioned principles serve to protect the dignity of the accused as
a human being. He must never be reduced to mere object whose fate is being
negotiated but retain the chance to be an active participant in the proceedings.
• Livelihood
The livelihood program provides PDL with income-generating tasks during
their imprisonment, allowing them to generate money for their own needs as well
as financial help for their families. The cash for the livelihood project comes from
either BJMP for BJMP-financed projects or a group of PDL’s common fund for
non-BJMP funded initiatives. Bags and purses, beaded bonsai, pastries, carpets,
paper crafts, and wood crafts are some of PDL’s most popular and ongoing
livelihood initiatives. The prison unit Welfare and Development Officer (UWDO)
arranges the sale of the items in exhibition centers or livelihood caravans
established by local government units and other service providers to enable the
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PDL earn money from these livelihood projects. Furthermore, internet or e-
marketing of the Welfare and Development Office of the prison also manages
PDL goods.
• Health Program
PDL health services include treatments aimed at sickness prevention,
promotion, treatment, and rehabilitation. Upon entrance, every PDL is subjected
to a medical examination. During confinement, PDL receive health education and
counseling, medical consultations, frequent health monitoring, and medications, if
available. PDL are permitted regular sunbathing and physical workouts to
preserve their physical fitness.
• Educational Program
The educational program strives to give PDL with opportunity to complete
necessary education. As a result, BJMP implemented the Department of
Education's Alternative Learning System (ALS) for the PDL to acquire their
elementary and high school degrees. Teachers in the jail-based ALS are BJMP
Personnel who are professional teachers and trained on the Instructional Method
for ALS. In jails where there are no personnel trained to handle ALS classes, the
ALS teachers would be coming from the Department of Education. All PDL
enrolled in the ALS earn their respective Time Allowance for Teaching, Studying
and Mentoring (TASTM) pursuant to RA 10592.
• Paralegal
The main goal of the paralegal program is to alleviate the overcrowding in
jails. PDL are assisted in obtaining various early modes of release through the
paralegal program. PDL receive ongoing informational seminars/orientations
from regional and jail paralegal officers about their rights, options for early
release, and other paralegal/legal remedies. Paralegal counseling and case
follow-up in the courts by jail paralegal officers are examples of other paralegal
services.
Film showing
Webinars for food safety handling
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Educational webinars (ALS alternative Learning System)
Webinar for Mental Health
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9. If convicted of final judgment the timer of affectivity of Act. No. 4103
10. If penalized with suspension of distierro.
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"An appeal by the accused shall not deprive him of entitlement to the
above allowances for good conduct." Special time allowance for loyalty. –
A deduction of one fifth of the period of his sentence shall be
granted to any prisoner who, having evaded his preventive imprisonment
or the service of his sentence under the circumstances mentioned in
Article 158 of this Code, gives himself up to the authorities within 48 hours
following the issuance of a proclamation announcing the passing away of
the calamity or catastrophe referred to in said article. A deduction of two-
fifths of the period of his sentence shall be granted in case said prisoner
chose to stay in the place of his confinement notwithstanding the
existence of a calamity or catastrophe enumerated in Article 158 of this
Code. "This Article shall apply to any prisoner whether undergoing
preventive imprisonment or serving sentence."
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submitted to the court within sixty days of receiving the request. The appeal will
be resolved by the court within 5 endless supply of the report.
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5. Who are already serving sentence at the time of the affectivity of
the Decree?
After serving their sentences or penalty. The ex- convicted person
faced a lot of challenges outside the prison. The environment here the
outside is different from the prison, so they will have a hard time coping
up from different environment.
KINDS OF CONDITIONS IMPOSED TO AN OFFENDER UNDER
PROBATION:
1. Mandatory or General – once violated, the probation is cancelled.
-To report to the probation officer within 72hrs after he receives the
order of the court granting probation.
-To report to his probation officer at least once a month.
-Not to commit any other offense while on probation.
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COMMUNITY PILLAR
G. Community Pillar (Start New Page)
I. Narrate and research possible problem, why some ex-convicted person
commits another crime that will lead them again to the Correction system.
(Search some studies, or cite some articles)
II. Propose some program or recommendation on how to address the needs
or attention for the ex-convicted person in preventing them to commit another
crime. (Search programs in our county or other country)
RESEARCH AND READINGS
RECOMMENDATION AND CONCLUSION
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REFERENCE CITED
Abt, V., McGurrin, M. C., & Smith, J. F. (1985). Toward a synoptic model of
gambling behavior. Journal of Gambling Behavior, 1(2), 79-88. Retrieved
from https://bit.ly/2S0BJO5 accessed January 31, 2019
Tyler, T. R. (1990). Why people obey the law. Yale University Press. Retrieved
from https://bit.ly/3c4szW2 accessed last May 25, 2020.
Tyler, T. R. (1990). Why people obey the law. Yale University Press. Retrieved
from https://bit.ly/3c4szW2 accessed last May 25, 2020.
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CURRICULUM VITAE
Name :
Home Address :
22 x 2 Picture
Mobile No. :
Email :
PERSONAL DATA
Age :
Nationality :
Sex :
Civil Status :
Religion :
Date of Birth :
Place of Birth :
Parents :
EDUCATIONA BACKGROUND
Primary :
Secondary :
College :
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________________________
Signature Above Printed Name
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