Crime is an act committed or omitted in violation of public law.

Crime can be legally categorized as follows:

1. Offense – is an act or omission punishable by Special Penal Laws;
2. Felony – is an act or omission punishable by Revised Penal Code;

RPC SPL

Mala In se Mala Prohibita

Criminal Intent -automatic liability

-Good Faith - there is a crime

because there is a law prohibited A

-Participation - actors- Co-Conspirators

*Principal -Co principal
*Accomplice
*Accessory

-nomene Catures

- no degree period
 Crime isinanviolation
omitted
law. act committed
of public
or
UNDER THE GENERAL RULE
TAKE NOTE:
 TITTLES ADDRESSED IN A COMPLAIN
If the complaint is in the prosecutor's office it should be addressed like this format;
(SON VS. ARDA)
Son will be the private complainant and Arda will be the respondent.
 TITLES ADDRESSED IN AN INFORMATION
If the prosecutor's filed an information to the court, the tittle should be like this:
(People of the Philippines VS ARDA)
Wherein the respondent in the preliminary investigation now be called as ACCUSED.
• Cases that undergoes preliminary Investigation must be 4 years, 2 month and 1 day.
• We use the term "people of the Philippines" considering the fact that committing, a criminal
case is a threat and offense to the national security
SUSPECT - The person suspected to be
relevant in the crime,
COMMISION OF A CRIME
DETAINEE - Reasons who have pending
case
COMPLAINT
ACCUSED -Term used when there is
It is the first step right after the already a ruling of the case
commission of the crime under
the general rule.) CONVICT - If you are already sentence or
guilty in the trial of judgement.

OFFICE OF THE PROSECUTOR

It is where the complaint is No PROBABLE

being filed on submitted CAUSE

THERE IS A PRELIMINARY INVESTIGATION

PROBABLE This is conducted right after
CAUSE Complaint is filed in the office of Case will be dismissed
the prosecutor to look for
PROBABLE CAUSE

COURT
An INFORMATION will PROBABLE CAUSE
If there is a probable cause seen
be filled to the Court
in the preliminary investigation, After receiving the information/
the prosecutor will file an from the prosecutor, the court will
information to the court. review if there really is a probable
cause right after filing of the
information.
WARRANT OF ARREST

Warrant authorizing and commanding the Arrest of

a specific thing or person. This is issued if a
probable cause is proven in the court right after
the prosecutor tiled for an information
 UNDER THE EXEMPTING RULE
TAKE NOTE:
• Warrantless Arrest must be done in accordance with the law. The arresting officer should
immediately deliver the arrested person to the nearest police station, or else he would be liable under
Art. 125 of the constitution.
• In citizen’s Arrest, the arresting officer will be liable for illegal detention if the person.
Arrested will not deliver to the police station immediately.
HOURS OF DETENTION UNDER THE CONSTITUTION
Light Offense - 12 hours.
Less Grave Offense - 18 hours
Grave offense - 30 hours
*The complainant should appear and file for a care within the said hours of
detention or else, the arrested person must be released as for vote of right
under the constitution.
ARBITRARY DETENTION
If the arresting officer will violate the Art. 125 he will be liable into this law.
ILLEGAL DETENTION
If the arresting officer pursuing citizen’s arrest will not deliver the arrested person to the nearest
police station, he will be table into this law.

COMMISION OF A CRIME IN FLAGRANTE DELICTO

Caught in the act

WARRANTLESS ARREST

It could be done by the peace officer

or a private person (Citizen Arrest) HOT PURSUIT

The arresting officer should have the

INQUEST personal knowledge of the crime
and relevance of the person arrested
This is conducted after a warrantless
arrest to look for a probable cause.
ESCAPE

THERE IS A NO PROBABLE Any means of escaping as long as the

PROBABLE CAUSE person to be arrested was already
CAUSE filed for a case or even sentenced

COURT * CIVIL CASE

Case Dismissed -No Imprisonment
The court will issue a commitment
- Son Vs Arda
order if there is a probable cause in the
Inquest Proceeding * CRIMINAL CASE
- there is an
COMMITMENT ORDER imprisonment
- People of the
this is issued by the Court for the Philippines Vs. Arda
information that undergoes Inquest
 RA 9262
AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR
PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR
OTHER PURPOSES. (VAWC)

Sec. 2. Declaration of Policy. It is hereby declared that the State values the dignity of
women and children and guarantees full respect for human rights. The State also
recognizes the need to protect the family and its members particularly women and
children, from violence and threats to their personal safety and security.
Towards this end, the State shall exert efforts to address violence committed against
women and children in keeping with the fundamental reedoms guaranteed under the
Constitution and the Provisions of the Universal Declaration of Human Rights, the
convention on the Elimination of all forms of discrimination Against Women,
Convention on the Rights of the Child and other international human rights instruments
of which the Philippines is a party.

ELEMENTS:
1) Offender has or had a sexual or dating relationship With the offended woman
2) Offender, by himself, or through another, commits an act or series of acts of
harassment against the woman; and;
3) The harassment alarms or causes substantial emotional or psychological
distress to her.

WHO?
 Any person who has or had a sexual or dating relationship with the offended
woman
WHAT?
(1) PHYSICAL VIOLENCE
(2) ECONOMIC ABUSE
(3) PSYCHOLOGICAL VIOLENCE
(4) SEXUAL VIOLENCE

 PHYSICAL ABUSE
 It refers to acts that include bodily or physical harm;

 ECONOMIC ABUSE
 It refers to the act make or attempt to make a woman financially
dependent

Includes but not limited to the following:

> the woman of financial resources and the right to use and enjoyment of
conjugal, community or commonly-owned property;
> Destroying household property; > Withdrawing financial support;
> Preventing the victim from engaging in any legitimate profession or
business;
> Controlling the victim's own money or properties or solely controlling
conjugal money or properties.
 psychological violence
 It refers to the acts or omissions causing or likely to cause mental or
emotional suffering of the victim.

Includes but not limited to:

> Harassment or Intimidation
> Stalking
> Repeated verbal abuse
> Damage to property or
> Public ridicule or humiliation
> Causing the victim to witness pomography in any form
> Causing to witness abusive injury to pets
> Repeated Infidelity

* SEXUAL ABUSE
> It refers to an act which is sexual in nature committed against a woman or
her Child.

Includes but not limited to:

> Rape, acts of lasciviousnes, sexual harassment, physically attacking sexual
parts of the victim;
> Causing or attempting to cause the victim to engage in any sexual activity by
force or coercion;
> Prostituting the woman or her child.
 * BATTERY
> an act of inflicting physical harm upon the woman or her child resulting to
physical and psychological or emotional distress.

 BATTERED WOMAN SYNDROME

 Scientifically defined as pattern of psychological and behavioral symptoms
found in women living in battering relationships as a result of cumulative
abuse. (Sec. 3, R.A. No. 9262)

“CYCLE OF VIOLENCE”

NOTE: Only a certified psychologist or psychiatrist can prove the existence of the
Battered Woman Syndrome in a woman.
 PROTECTION ORDERS
(1) BARANGAY PROTECTION ORDER (BPO)
> Issued by the Punong Barangay ordering the respondent to desist from
committing acts under sections 5 (a) and (b) of RA 9262.
Effective for 15 days. (Sec. 12)

(2) TEMPORARY PROTECTION ORDER (TPO)

> Issued by the Court on the date of filing the case, after ex parte determination
that such should be issued.
Effective for 30 days. (Sec. 15)

(3) PERMANENT PROTECTION ORDER (PPO)

> Issued by the Court after notice and hearing. The hearing for the issuance of
PPO shall be conducted in 1 day.
Effective until revoked by the Court upon application of the person in
whose favor it was issued. (Sec. 16)

NOTE: The parents of the accused may be included in the petition for the issuance of
protective order on the ground of alleged conspiracy of the accused and his parents.
(Go- Tan vs. Spouses Tan, G.R. No. 168852, September 30, 2008).

 Woman victims shall be entitled to take a leave of absence WITH PAY up to ten
(10) days in addition to other paid leaves under the Labor Code of Civil Service
Rules.

ADDITIONAL NOTES: JUSTIFYING – SELF-DEFENSE OR UNLAWFUL AGRESSION

 PIRACY AND MUTINY

WHAT COMPRISES TERRITORY OF THE PHILIPPINES?

THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

ARTICLE I. NATIONAL TERRITORY

NATIONAL TERRITORY OF THE PHILIPPINES

The Philippine is archipelago with an the islands and All other territories over which the Philippines has
waters embraced therein sovereignty or jurisdiction

Philippines territory

The terrestrial, fluvial, maritime, and aerial domain The internal waters
and the territorial sea, the seabed, etc.

 ARTICLE 122. PIRACY IN GENERAL AND MUTINY ON THE HIGH SEAS OR IN PHILIPPINE WATERS

The penalty of reclusion Perpetua shall be inflicted upon any person who, on the high seas, or in
Philippine waters, shall attack or seize a vessel or, not being a member of its complement nor a
passenger, shall seize the whole or part of the cargo of said vessel, its equipment or passengers.

 Piracy - it is robbery or forcible depredation on the high seas, without lawful authority and
done with animo furandi and in the spirit and intention of universal hostility.
 Two ways or modes of committing piracy:

1. By attacking or seizing a vessel on the high seas or in Philippine waters;

2. By seizing in the vessel while on the high seas or in Philippine waters the whole or part of its
cargo, its equipment or personal belongings of its complement or passengers.

VESSEL

- Any watercraft used for transport of passengers and cargo from one place to another through waters.

PRESIDENTIAL DECREE NO 532

Also known as "Anti-Piracy and Anti-Highway Robbery Law of 1974"

 PRESIDENTIAL DECREE NO 532

PIRACY - Any attack upon or seizure of any vessel, or the taking away of the whole or part thereof or its
cargo, equipment, or the personal belongings of its complement or passengers, irrespective of the value
thereof, by means of violence against or intimidation of persons or force upon things, committed by any
person, including a passenger or member of the complement of said vessel, in Philippine waters, shall be
considered as piracy. The offenders shall be considered as pirates and punished as hereinafter provided.
(Section 2)

ARTICLE 123 QUALIFIED PIRACY

Qualifying Circumstances:

1. Whenever the offenders have seized the vessel by boarding or firing upon the same;

2. Whenever the pirates have abandoned their victims without means of saving themselves;

3. Whenever the crime is accompanied by murder, homicide, physical injuries, or rape.

 REPUBLIC ACT NO. 6235 ANTI-HIJACKING LAW

Meaning of "aircraft is in flight" - from the moment all exterior doors are closed following embarkation
until the same doors are again opened for disembarkation.

Acts Punished

1. Usurping or seizing control of an aircraft of Philippine registry while it is in flight; or compelling the
pilots thereof to change its course or destination;

Note: When the aircraft is not in flight, the usurpation or seizure of the aircraft may amount to coercion
or threat. When death results, the crime is homicide or murder, as the case may be.

2. Usurping or seizing control of an aircraft of foreign registry, while within Philippine territory, or
compelling the pilots thereof to land in any part of Philippine territory;

REPUBLIC ACT NO. 6235 ANTI-HIJACKING LAW

- punished by imprisonment of not less than twelve (12) years but not more than twenty years.

- punished by imprisonment of fifteen (15) years to death if committed under any of the following:

(1) fired upon the pilot, crew or passenger;

(2) Exploded or attempted to explode any bomb or explosive to destroy the aircraft;

(3) crime accompanied by MHSR. (

 Sec. 3. - Unlawful to carry ship, load or carry in any passenger aircraft (public utility) any
explosive, flammable, corrosive or poisonous substance or material.
- Punishable by imprisonment of at least five (5) years but not more than ten (10) years.

 Mutiny - the unlawful resistance to a superior, or the raising of commotions and disturbances
on board a ship against the authority of its commander.