Professional Documents
Culture Documents
CLJ SPL Prelim Coverage
CLJ SPL Prelim Coverage
RPC SPL
-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.
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
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
* SEXUAL ABUSE
> It refers to an act which is sexual in nature committed against a woman or
her Child.
“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)
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.
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:
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.
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)
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;
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;
- 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:
(2) Exploded or attempted to explode any bomb or explosive to destroy the aircraft;
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.