Crim Sillabus

7/27/2019 Crim Sillabus

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SUBJECT 2 LAW ENFORCEMENT ADMINISTRATION

A. SCOPE Pertinent laws and issuances, principles, concepts, procedures, methods andtechniques in the management, administration, and operation of a police organization.Specifically it includes the history of policing, police organization and administration withspecial focus on Republic Act No. 6975, as amended, police patrol operations with policecommunication system, police intelligence, police personnel and records management and

comparative police systems. It includes also the study of the organization, administrationand operation of security agencies under the Private Security Agency Law and itsImplementing Rules and Regulations; loss prevention and assets, protection program throughdifferent security methods and techniques such as physical security, personnel security,document and information security; risk analysis and security hazard; and security survey,inspection and investigations.B. TOPIC OUTLINE -1.0 Police Organization and Administration with Police Planning1.1 Introduction to Policing1.1.1 Historical Development of Policing1.1.1.1 Developments during the Middle Ages to the Modern Period1.1.1.2 Evolution of the Philippine Policing System

1.1.2 Theory and Philosophy of Police Service

1.1.3 Organizational Concepts and Principles

1.2 The Philippine Police System

1.2.1 The Constitutional Provision on the National Police1.2.2 Republic Act No. 6975, as Amended1.2.3 The National Police Commission (NAPOLCOM)

1.2.3.1 Organizational Set-Up1.2.3.2 Powers and Functions1.2.3.3 Programs/Projects/Activities1.2.3.4 Relationship With the Department of the Interior and Local Government

1.2.4 The Philippine National Police (PNP)

1.2.4.1 Organizational Set-Up1.2.4.2 Powers and Functions1.2.4.3 Police Rank Structure and Key Positions1.2.4.4 Appointment and Designation1.2.4.5 Police Welfare and Benefit System1.2.4.6 Police Administrative Disciplinary System1.2.4.7 Gender Sensitivity Program

1.3 The Participation of Local Chief Executives in Police Administration

1.3.1 Governors and Mayors as Deputies of the NAPOLCOM over the Police in their Jurisdiction1.3.2 Grounds for Suspension of Deputation

1.4 Planning as a Function of Police Management

1.4.1 Police Management Process of:

1.4.1.1 Planning1.4.1.2 Organizing1.4.1.3 Directing1.4.1.4 Staffing1.4.1.5 Controlling1.4.1.6 Coordinating


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1.4.1.7 Budgeting

1.4.2 Importance of Planning1.4.3 Types and Classification of Police Plans1.4.4 Formulation of Police Plans1.4.5 Planning of Unusual Needs

1.4.5.1 Crowd Dispersal1.4.5.2 Riot and Mob Control1.4.5.3 Raid Operations1.4.5.4 Disaster Management

2.0 Industrial Security Management

2.1 Introduction to Industrial Security

2.1.1 Legal Bases of Industrial Security2.1.2 Basic Concepts2.1.3 Types of Security2.1.4 Major Divisions of Security

2.2 Physical Security

2.2.1 Principles of Physical Security2.2.2 Barriers2.2.3 Protective Lighting2.2.4 Protective Alarms and Communication System2.2.5 Protective Locks and Key Control2.2.6 Protective Cabinets2.2.7 Guard Force System2.2.8 Personnel Identification and Movement Control

2.3 Personnel Security

2.3.1 Purpose and Importance of Personnel Security

2.3.2 Personnel Security Investigation2.3.3 Security Education Programs

2.4 Document and Information Security

2.4.1 Basic Concepts2.4.2 Document and Information Cycle2.4.3 Types of Classified Matters2.4.4 Protection of Sensitive Matters

2.5 Risk Analysis and Security Hazard

2.5.1 Basic Concepts2.5.2 Security Inspection2.5.3 Security Investigation

3.0 Police Patrol Operations With Police Communication System

3.1 The Importance and Objectives of Police Patrol

3.1.1 Patrol as the Backbone of a Police Organization3.1.2 Patrol as the Essence of Police Function3.1.3 Goals and Objectives of Police Patrol

3.2 Factors Affecting Patrol Operations


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3.2.1 Internal Factors3.2.2 External Factors3.2.3 Occupational Hazards

3.3 Organization and Staffing of the Patrol Functions

3.3.1 Organization Principles

3.3.2 Organizational Duties and Responsibilities3.3.3 Management Functions in Police Work3.3.4 Patrol Force Staffing3.3.5 Patrol Force Deployment and Scheduling

3.4 Police Patrol Methods

3.4.1 Foot Patrol3.4.2 Automobile Patrol3.4.3 Bicycle Patrol3.4.4 Motorcycle Patrol3.4.5 Aircraft Patrol3.4.6 Camine Patrol3.4.7 Marine Patrol

3.5 Patrol Tactics, Strategies and Activities

3.5.1 Types of Police Patrol: Preventive, Proactive and Reactive3.5.2 Team Policing3.5.3 High and Low-Visibility Patrol3.5.4 Directed Deterrent Patrol3.5.5 Decoy Patrol3.5.6 Split-Force Patrol3.5.7 Patrol Activities

3.6 Patrol Supervision

3.6.1 Selection of Patrol Supervisors3.6.2 The Supervisors Role

3.6.3 Developing and Motivating Subordinates3.6.4 Instilling Discipline and Boosting Morale

3.7 Support to Patrol Efforts

3.7.1 Police Records System3.7.2 Crime Data Analysis3.7.3 Criminalistics Services3.7.4 Evidence and Property Control3.7.5 Community Support

3.8 The Integrated Patrol System in the Philippines

3.8.1 Features of the Integrated Patrol System3.8.2 Components of the Integrated Patrol System

3.8.3 Patrol Considerations3.8.4 Fixed Components of the Integrated Patrol System3.8.5 PNP Standard Patrol Procedures

3.9 Contemporary Policing Strategies

3.9.1 Concept and Operation of Community-Oriented Policing System3.9.2 Problem-Oriented Policing System3.9.3 Policing Strategies in the Philippines


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3.10 Police Communication System

3.10.1 History and Fundamental Concepts About Police Communication3.10.2 Importance and Objectives of Police Communication3.10.3 Administrative and Operational Communication Net3.10.4 Basic Needs in Police Communication Planning3.10.5 Police Radio Communication

3.10.6 Modern Communication Technologies in a Police Organization

4.0 Police Intelligence

4.1 Nature and History of Intelligence

4.1.1 Nature of Intelligence Function4.1.2 Historical Developments of Intelligence4.1.3 Principles and Functions of Intelligence4.1.4 Categories of Intelligence4.1.5 Intelligence Cycle

4.1.5.1 Planning and Direction of Collection Efforts4.1.5.2 Collection of Information4.1.5.3 Processing of Information

4.1.5.4 Dissemination and Use of Information

4.1.6 Counter-Intelligence

4.1.6.1 Objectives and Importance of Counter-Intelligence4.1.6.2 Basic Principles of Counter-Intelligence4.1.6.3 Activities and Functions of Counter-Intelligence4.1.6.4 Categories of Counter-Intelligence

4.2 Police Intelligence Operations

4.2.1 Intelligence Operations

4.2.1.1 Tasks in Police Intelligence Operations

4.2.1.2 Cycles of Intelligence Operations4.2.1.3 Overt and Covert Method

4.2.2 Methods and Techniques of Collecting Information

4.2.2.1 Elicitation4.2.2.2 Casing4.2.2.3 Surveillance4.2.2.4 Observation and Description4.2.2.5 Tactical Interrogation

4.2.3 Cover and Undercover Operations

4.2.3.1 Importance of Cover4.2.3.2 Types of Cover4.2.3.3 Hazards of Cover4.2.3.4 Undercover Assignment4.2.3.5 Uses and Types of Undercover Assignment4.2.3.6 The Undercover Agent

4.2.4 Informers and Informants


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4.2.4.1 Informer and Informant, Compared4.2.4.2 Types and Motives of Informants4.2.4.3 Recruitment of Informants

4.3 Fundamentals of Cryptography: Encoding and Decoding

4.3.1 Cryptography

4.3.1.1 Codes and Ciphers4.3.1.2 Principles of Codes and Ciphers4.3.1.3 Rules on Encryption

4.4 Counter-Intelligence Security Measures and Security Operations in Relation to Intelligence

4.4.1 Physical Security4.4.2 Communication Security4.4.3 Document Security4.4.4 Personnel Security

4.5 Introduction to National Security

4.5.1 Definition and Importance of National Security

4.5.2 Principles and Components4.5.3 Threats to National Security4.5.4 Identification of Criminal Subversive Elements4.5.5 Modus Operandi (MO) and Order of Battle (OB)

5.0 Police Personnel and Records Management

5.1 Police Personnel Management

5.1.1 Concept and Purposes of Personnel Management5.1.2 Functions under Personnel Management

5.1.2.1 Personnel Planning5.1.2.2 Personnel Recruitment and Selection

5.1.2.3 Appointment and Assignment5.1.2.4 Performance Evaluation5.1.2.5 Personnel Compensation and Welfare Benefits5.1.2.6 Career and Employee Development5.1.2.7 Discipline5.1.2.8 Separation from the Service

5.2 Police Personnel Programs

5.2.1 Organization and Functions of a Personnel Department/Unit5.2.2 The Police Personnel Program

5.2.2.1 Objectives5.2.2.2 Program Areas5.2.2.3 Classification Personnel Policies

5.2.2.4 Police Job Descriptions

5.2.3 Acquiring Competent and Qualified Personnel

5.2.3.1 Recruitment5.2.3.2 Selection Procedures5.2.3.3 Police Appointment

5.2.4 Holding and Maintaining a Competent Workforce


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5.2.4.1 Compensation5.2.4.2 Welfare Benefits5.2.4.3 Working Hours5.2.4.4 Recognition and Incentive System5.2.4.5 Disciplinary System

5.2.5 Developing and Motivating Personnel

5.2.5.1 Education and Training5.2.5.2 Performance Evaluation5.2.5.3 Suggestion System5.2.5.4 Grievance System

5.2.6 Maintaining Harmonious Relationships

5.2.6.1 Supervisor-Subordinate Relationship5.2.6.2 Peer Relationships

5.2.7 Separation from the Service

5.2.7.1 Transfer to other Agencies5.2.7.2 Retirement

5.2.7.3 Death5.2.7.4 Disciplinary Action (Dismissal)5.2.7.5 Missing Persons

5.3 PNP Personnel Management

5.3.1 Pertinent Provisions of Republic Act No. 6975, as Amended5.3.2 Personnel Policies and Guidelines Issued by NAPOLCOM

5.3.2.1 Recruitment5.3.2.2 Selection5.3.2.3 Appointment5.3.2.4 Promotion5.3.2.5 Designation

5.3.2.6 Assignment/Reassignment5.3.2.7 Performance Evaluation

5.3.3 Career and Job-Enrichment Programs

5.3.4 Police Examination System

5.3.4.1 Police Entrance Examination5.3.4.2 Police Promotional Examination5.3.4.3 Police Executive Service Examination5.3.4.4 Other Released Examinations

5.3.5 Police Cadetship Program

5.3.6 Police Administrative Disciplinary System

5.3.6.1 Disciplinary Authorities On Citizens Complaints5.3.6.2 Disciplinary Authorities on Internal Breach of Discipline5.3.6.3 Peoples Law Enforcement Boards (PLEBs)5.3.6.4 Disciplinary Appellate Boards5.3.6.5 Internal Affairs Service5.3.6.6 Summary Dismissal Authorities

5.3.7 Status of Missing Personnel


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5.3.8 Compensation and Welfare Benefits

5.3.8.1 Compensation: Base Pay and Longevity Pay5.3.8.2 Welfare Benefits

5.3.9 Modes of Separation from the PNP

5.3.10 Records Management

5.3.10.1 PNP Organizational Structure for Records Management5.3.10.2 Classification and Filing of Personnel Records5.3.10.3 Administrative and Operational Reports5.3.10.4 Personnel Accounting and Inventory System (PAIS)

6.0 Comparative Police System

6.1 Effects of Globalization to Police Service

6.1.1 The Changing Role and Nature of the Police6.1.2 Effects of Globalization

6.2 Transnational Crimes

6.2.1 Terrorism6.2.2 Drug Trafficking6.2.3 Money Laundering6.2.4 Human Trafficking6.2.5 Cyber Crimes6.2.6 Others

6.3 Selected Police Models

6.3.1 Japan Police System6.3.2 Singapore Police System6.3.3 Police System of Other ASEAN Countries

6.3.4 Australian Federal Police6.3.5 US and other European Models6.3.6 Programs of Select Police Models6.3.7 Application to the Philippine Setting

6.4 The Role of INTERPOL

6.4.1 Organizational Setup6.4.2 Functions and Programs6.4.3 Role in Anti-Transnational Crime6.4.4 Criminal Intelligence Analysis

6.5 Bilateral and International Cooperation of Transnational Crime

6.5.1 UN Convention Against Transnational Crime

6.5.2 Role of ASEANAPOL6.5.3 PNP Agreements with ASEAN Police Organizations

6.6 Participation of PNP Personnel in UN Peacekeeping Missions

6.6.1 Selection and Qualifications6.6.2 Terms of Deployment

SUBJECT 3 CRIME DETECTION AND INVESTIGATION


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A. SCOPE: Concepts and principles of criminal investigation including the modern techniques incrime detection and investigation. Also includes modern techniques in processing the crimescene involving murder, homicide, rape, robbery, etc; fundamentals of traffic operation withemphasis on safety, education, enforcement, engineering, techniques in vehicular andpedestrian direction and control; coverage and importance of modern techniques in specialcrime investigation; study of organized crime, their attributes, categories, specialization and

coverage; drug abuse prevention and education programs; treatment and rehabilitationprograms for drug dependents; and basic technological concepts and the fundamentalprinciples of investigating fire and arson investigation; fire prevention education andprocedures to be adopted in case of fires; and the legal aspects of arson; it also covers thestudy of the concept and general principles of arrest, searches, and seizure and also the rightsof the subject during custodial investigation

B. TOPIC OUTLINE

1. FUNDAMENTALS OF CRIMINAL INVESTIGATION

1.1. Basic concepts and principles of criminal investigation;1.2. Modern techniques in crime detection and investigation;1.3. Methodologies and modern techniques in crime scene investigation, processing and

preserving physical evidence;1.4. Techniques of obtaining information including the application of criminal psychology ininterview and in interrogation to include methods of surveillance, stakeout, and other relatedinvestigative strategies;1.5. Concepts, general and legal principles in effecting arrest, searches, and seizures;1.6. Legal and moral consideration to be observed during custodian investigation.

2. TRAFFIC MANAGEMENT AND ACCIDENT INVESTIGATION

2.1. Fundamental concept of traffic operation, safety, education, enforcement, andengineering;2.2. Different laws, decrees, codes, rules, and regulations affecting all kind or modes oftransportation;2.3. Techniques in vehicular and pedestrian direction and control in all situations;

2.4. Special plans and policies on emergency traffic situations with the use of both handsignals and electrical signal lights and others;2.5. Technical concepts in accident investigation including disposition on victims, etc.;2.6. Concepts and basic principles to be considered in hit and run cases.

3. SPECIAL CRIME INVESTIGATION

3.1. Basic concepts of special crime investigation;3.2. Special approaches and techniques in the investigation of special cases involving persons,properties, and other high profile cases;3.3. Scientific approach and procedures in conducting crime scene search, sketch, collectionand care of physical evidence on special cases;3.4. Proper documentation of crime scene investigation and techniques involving specialcases;3.5. Methods and techniques in identifying deceases victims, persons, etc.;

3.6. Collection, handling, and preservation of physical evidence on special or high profilecases.

4. ORGANIZED CRIME INVESTIGATION

4.1. Concepts, nature, and attributes of organized crimes;4.2. Kinds, origin, and modes of operations of organized crimes;4.3. Transnational or borderless crimes;4.4. Kidnapping and Terrorism;4.5. Cyber/Technology crimes;


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3.4. Functions of the parts of firearms;3.5. Class and individual characteristics of firearms;3.6. Reports including illustration of firearms, slugs, empty shells, etc. for legal proceedings.

4. QUESTIONED DOCUMENTS EXAMINATIONS

4.1. Scientific methods of identification and examination of questioned documents;

4.2. Detection of forgery, falsification, and identification of documents;4.3. Procedures in restoring and deciphering erasures and obliterations;4.4. Use of different lights, rays, and equipment in questioned document examinations;4.5. Selection of standards;4.6. Examinations of questionable typewritings, computerized documents, and other forms ofmodern printing.

5. POLYGRAPH (LIE DETECTON)

5.1. Concepts of lie detection and interrogation;5.2. Techniques in conducting polygraph examinations;5.3. Polygraph machine, chart probing and charts interpretation;5.4. Qualifications and responsibilities of the polygraph examiners5.5. Legal implications and ethical standards in taking the lie detection examination.

6. LEGAL MEDICINE

6.1. Medical science in crime investigation;6.2. Human anatomy and physiology;6.3. Medico-legal aspects of physical injuries, death, abortion, poisoning, etc.6.4. Concepts and principles in the field of forensic medicine;6.5. Legal and moral obligations of medico-legal officer

SUBJECT 5 CORRECTIONAL ADMINISTRATION

A. SCOPE: History and development of correctional practices, theories and philosophies; therole of corrections in the administration of criminal justice; laws and legal issuances relating tocorrectional administration; the management and operation of all institutional correctional

systems such as the national prison and penal forms, the jails at the provincial, district andcity/municipal levels relative to programs on the diagnosis, classification, handling, treatmentand rehabilitation of offenders, and study of the United Nations Standards on Minimum Ruleson the Treatment of Offenders. Likewise, the historical background and theories relating tonon-institutional corrections such as probation, parole and other forms of executive clemency;the implementation of the Philippine Adult Probation Law, as amended, the IndeterminateSentence Law, as amended and such other laws and legal issuances to implement executiveclemency.

B. TOPIC OUTLINE

1. INSTITUTIONAL CORRECTIONS

1.1. Introduction to Corrections

1.1.1. Historical Perspective on the Development of Corrections1.1.2. The Concept of Penology1.1.3. Forms of Punishment: Ancient to Contemporary1.1.4. The Development of Jails and Prisons1.1.5. Corrections and the Criminal Justice System

1.2. Philippine Prisons and Jails: Organization, Powers and Functions

1.2.1. Bureau of Corrections


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1.2.1.1. History of the National Prison System1.2.1.2. Organization, Powers and Functions of the Bureau of Corrections

1.2.1.2.1. National Bilibid Prison1.2.1.2.2. Penal Colonies1.2.1.2.3. Correctional for Women

1.2.1.3. The Reception and Diagnostic Center (RDC)1.2.1.4. Prison Admission Procedures and Classification of Inmates

1.2.2. Bureau of Jail Management and Penology (BJMP)

1.2.2.1. History of Jails in the Philippines1.2.2.2. Organization, Powers and Functions of the BJMP

1.2.2.2.1. The Bureau1.2.2.2.2. District Jails1.2.2.2.3. City Jails1.2.2.2.4. Municipal Jails

1.2.2.3. Jail Admission Procedures and Classification of Inmates

1.2.3. The Provincial Jails

1.2.3.1. Organization, Powers and Functions of Provincial Jails1.2.3.2. Supervision over Provincial Jails1.2.3.3. Admission and Classification Procedures

1.3. Forms of Correctional Treatments in Jails and Prisons

1.3.1. The Goals of Correctional Treatment1.3.2. Prison Programs

1.3.2.1. Prison Education1.3.2.2. Work Programs

1.3.2.3. Religious Services1.3.2.4. Medical and Health Services1.3.2.5. Counseling and Case Work

1.3.3. Jail Programs

1.3.3.1. Health Service1.3.3.2. Education and Training1.3.3.3. Religious Services1.3.3.4. Guidance and Counseling1.3.3.5. Recreation and Sports Program1.3.3.6. Visitation Services1.3.3.7. Mail Services

1.3.4. Rights of Inmates

1.3.5. Treatment of Special Needs or Unusual Offenders

1.4. Institutional Custody, Security and Control of Inmates, Emergency Plans, Movement andTransfer of Inmates

1.4.1. Custody, Security and Control of Prisoners

1.4.1.1. Security and Control of Prisoners1.4.1.2. Duties of Custodial Force1.4.1.3. Inmates Counts


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1.4.2. Security Procedures

1.4.2.1. During Meal Service1.4.2.2. during Room Security1.4.2.3. Mail Censorship1.4.2.4. Fire Prevention

1.4.3. Emergency Plans

1.4.3.1. In case of fire or conflagration1.4.3.2. During Riots and Violent Disturbances1.4.3.3. In Case of Escapes or Jailbreaks

1.4.4. Movement and Transfer of Inmates

1.4.4.1. When May An Inmate Be Brought Out of Jail1.4.4.2. Rules for the Transfer of Inmates

1.4.5. Inmate Discipline

1.4.5.1. Prohibited Acts Subject to Disciplinary Action

1.4.5.2. Board of Discipline and Its Functions1.4.5.3. hearing of Disciplinary Cases

1.5. Penal Provisions on Corrections

1.5.1. General Laws Governing the Administration and Management of prisons and jails in thePhilippines1.5.2. Administrative Offenses of Prison/Jail Personnel1.5.3. Criminal Liability of Jail Personnel1.5.4. Criminal Liability of Inmates1.5.5. Grant of Good Conduct Time Allowance (GCTA) and Special Time Allowance (STA) underthe Revised Penal Code

2. NON-INSTITUTIONAL CORRECTIONS

2.1. Historical Background of Probation

2.1.1. Historical Background

2.1.1.1. Role of Probation in the Correctional System2.1.1.2. Pioneers and Founders of Probation2.1.1.3. History of Protection in the United States, England and the Philippines

2.1.2. Benefits and Advantages of Probation2.1.3. Linkages of Probation with Agencies of the Criminal Justice System

2.2. The Adult Probation Law and Other Probation Laws

2.2.1. Presidential Decree No. 968, As Amended

2.2.1.1. Goal and Purposes of Probation2.2.1.2. Definition of Terms2.2.1.3. Grant of Probation2.2.1.4. Post-Sentence Investigation2.2.1.5. Form of Investigation Report2.2.1.6. Period for Submission of Investigation Report2.2.1.7. Criteria for Placing an Offender on Probation2.2.1.8. Disqualified Offenders2.2.1.9. Conditions and Effectivity of Probation


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2.2.1.10. Modification of Conditions of Probation2.2.1.11. Control and Supervision of Probation2.2.1.12. Violation of Probation Conditions and Arrest of Probationer2.2.1.13. Termination of Probation2.2.1.14. Confidentiality of Records

2.2.2. The Probation and Parole Administration

2.2.2.1. Organizational Set-up2.2.2.2. Powers and Functions2.2.2.3. Key Positions: Their Duties and Responsibility2.2.2.4. Probation Aides2.2.3. Other Forms of Probation in the Philippines

2.2.3.1. Presidential Decree No. 603, As Amended2.2.3.2. Comprehensive Dangerous Drugs Act of 20022.2.3.3. Article 12 of the Revised Penal Code2.2.3.4. Republic Act No. 9344

2.3. Parole Investigation and Supervision

2.3.1. History of Parole and Pardons

2.3.2. Parole, Probation and Pardon Compared2.3.3. Parole and the Indeterminate Sentence Law2.3.4. Who is Eligible For Parole2.3.5. The Board of Pardon and parole

2.3.5.1. Organizational Set-up2.3.5.2. Powers and Functions

2.3.6. Parole Supervision2.3.7. Parole Investigation2.3.8. Closing of Parole Supervision Case

2.4. Forms of Executive Clemency

2.4.1. Minimum Conditions for Executive Clemency2.4.1.1. Pardon

2.4.1.1.1. Absolute Pardon2.4.1.1.2. Conditional Pardon

2.4.1.2. Amnesty2.4.1.3. Commutation of Sentence2.4.1.4. Reprieve2.4.1.5. Pre-Trial Release and Division

2.5. The Future of Corrections

2.5.1. Role of the Community in Corrections

2.5.1.1. Non-Government Organizations (NGOs)2.5.1.2. Government Organization (GOs)

2.5.2. Modified Therapeutic Community Model2.5.3. Research in Corrections

SUBJECT 1 CRIMINAL JURISPRUDENCE, PROCEDURE AND EVIDENCE

A. SCOPE - Elements of the legal provisions and the extent of its application regarding


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offenses and penalties, knowledge of the court jurisdiction, venue in criminal cases and theadmissibility of evidence which are of probative value to the courts.

B. TOPIC OUTLINE

1. CRIMINAL LAW BOOK I

1.1 Introduction

1.1.1 Significance of the Study1.1.2 Scope and Limitation of the Study1.1.3 Concept of Criminal Law1.1.4 Sources of Philippine Criminal Law1.1.5 Characteristics of Criminal Law1.1.6 Jurisdiction of Civil Courts over Offender1.1.7 Persons Subject to Military Law1.1.8 Theories in Criminal Law and their Characteristics1.1.9 Application of its Provisions

1.2 Felonies

1.2.1 Concept of Felonies

1.2.2 Classification of Felonies

1.3 Criminal Liability

1.3.1 How Criminal Liability is Incurred1.3.2 How to Determine Proximate Cause1.3.3 When Death is Presumed to be Natural Consequence of Physical Injuries Inflicted1.3.4 Elements of Impossible Crime1.3.5 Duty of the Courts With Regards to Excessive Penalty and for An Act Not Covered by Law

1.4 Stages of Execution of a Felony

1.4.1. Subjective and Objective Phase of a Felony1.4.2. Elements of an Attempted Felony

1.4.3. Elements of a Frustrated Felony1.4.4. Elements of a Consummated Felony1.4.5. When Light Felonies are Punishable1.4.6. Conspiracy and Proposal to Commit Felony1.4.7. Grave Felonies, Less Grave Felonies and Light Felonies1.4.8. Offenses Not Subject to the Provisions of the Revised Penal Code

1.5 Circumstances Affecting Criminal Liability

1.5.1 Justifying Circumstances1.5.2 Exempting Circumstances1.5.3 Aggravating Circumstances1.5.4 Mitigating Circumstances1.5.5 Alternative Circumstances

1.6 Persons Criminally Liable for Felonies

1.6.1 Principals1.6.2 Accomplices1.6.3 Accessories1.6.4 Accessories Exempt from Criminal Liability1.7 Penalties

1.7.1 Concept1.7.2 Purpose


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1.7.3 Theories Justifying Penalty1.7.4 Classification of Penalties1.7.5 Duration and Effect of Penalties1.7.6 Application of Penalties1.7.7 Rules for Graduating Penalties1.7.8 Rules for the Application of Indivisible Penalties1.7.9 Rules for the Application of Penalties Which Contain Three Periods

1.7.10 Factors in the Imposition of Fines

1.8 Indeterminate Sentence Law

1.8.1 Purpose

1.9 Extinction of Criminal Liability

1.9.1 Causes of Total Extinction of Criminal Liability1.9.2 Causes of Partial Extinction of Criminal Liability

1.10 Civil Liability

1.10.1 Persons Civilly Liable for Felonies1.10.2 Damages that May be Recovered in Criminal Cases1.10.3 What is Included in Civil Liability1.10.4 Indemnification of Consequential Damages1.10.5 Extinction and Survival of Civil Liability

1.11 P.D. 968, as amended (Probation Law)

1.12 Juvenile Justice and Welfare Act (Republic Act 9344) and subsequent amendments

1.13 Special Criminal Statutes, Decrees, related laws and issuances and subsequentamendments

2. CRIMINAL LAW BOOK II2.1 Crimes Against National Security and the Law of Nations

2.1.1 Treason and Espionage2.1.2 Provoking war and Disloyalty in Case of War2.1.3 Piracy and Mutiny on the High Seas or Philippine Waters

2.2 Crimes Against the Fundamental Law of the State

2.2.1 Arbitrary Detention and Expulsion2.2.2 Violation of Domicile2.2.3 Prohibition, Interruption and Dissolution of Peaceful Meetings2.2.4 Crimes Against Religious Worship

2.3 Crimes Against Public Order

2.3.1 Rebellion, Sedition and Disloyalty

2.3.1.1 Coup detat (Republic Act 6968)

2.3.2 Crimes Against Popular Representation2.3.3 Illegal Assemblies and Associations2.3.4 Assault Upon and Resistance and Disobedience to Persons in Authority and their Agents2.3.5 Public Disorders


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2.3.6 Evasion of Service of Sentence2.3.7 Commission of Another Crime During the Service of Penalty Imposed for Another PreviousOffense

2.4 Crimes Against Public Interest

2.4.1 Forgeries/Forging the seal of the Government and signature or stamp of the Chief

Executive2.4.2 Counterfeiting Coins2.4.3 Forging Treasury or Bank Notes, Obligations and Securities, Importing and Uttering Falseor Forged Notes, Obligations and Securities2.4.4 Falsification of Legislative, Public, Commercial and Private Documents and Wireless,Cable, Telegraph and Telephone Messages2.4.5 Falsification of Medical Certificate, Certificates of Merit or Service and the like2.4.6 Manufacturing, Importing and Possession of Instruments or Implements of Falsification2.4.7 Other Falsities2.4.8 Frauds

2.5 Crimes Relative to Opium and Other Prohibited Drug

2.5.1 Republic Act 9165, known as the Comprehensive Dangerous Drugs Act of 2002

2.6 Crimes Against Public Morals

2.6.1 Gambling and Betting

2.6.1.1 P.D. 1602 as amended by Republic Act 9287 (Illegal Numbers Games)2.6.2 Offenses Against Decency and Good Customs

2.7 Crimes Committed by Public Officers

2.7.1 Preliminary Provisions2.7.2 Malfeasance and Misfeasance in Office2.7.3 Frauds and Illegal Exactions and Transactions2.7.4 Malversation of Public Funds or Property

2.7.5 Infidelity of Public Officers2.7.6 Other Offenses or Irregularities by Public Officers2.7.7 Relation to the Anti-Graft and Corrupt Practices Act (R.A. 3019) and Act PenalizingPlunder (R.A. 7080)

2.8 Crimes Against Persons

2.8.1 Destruction of Life

2.8.1.1 Parricide, Murder, Homicide2.8.1.2 Death caused and Physical Injuries inflicted in a Tumultuous Affray2.8.1.3 Giving assistance to suicide2.8.1.4 Discharge of Firearms2.8.1.5 Infanticide and Abortion2.8.1.6 Duel

2.8.2 Physical Injuries2.8.3 Rape under Republic Act 83532.8.4 Relation of Human Security Act (Republic Act 9372)

2.9 Crimes Against Personal Liberty and Security

2.9.1 Crimes Against Liberty

2.9.1.1 Illegal Detention


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2.9.1.2 Kidnapping of Minors2.9.1.3 Slavery and Servitude

2.9.1.3.1 Relation to the Child Abuse Law (R.A. 7610) and Anti-Human Trafficking Law (R.A.9208)

2.9.2 Crimes Against Security

2.9.2.1 Abandonment of Helpless Persons and Exploitation of Minors/Republic Act 76102.9.2.2 Trespass to Dwelling2.9.2.3 Threats and Coercion2.9.2.4 Discovery and Revelation of Secrets

3.0 Crimes Against Property

3.0.1 Robbery in General

3.0.1.1 Who are Guilty of Robbery3.0.1.2 Robbery with Violence Against or Intimidation of Persons3.0.1.3 Robbery by the use of Force Upon Things

3.0.2 Brigandage

3.0.2.1 Relation to Anti-Highway Robbery Law (PD 532)3.0.3 Theft

3.0.3.1 Relation to Carnapping Law (Republic Act 6539)3.0.4 Usurpation3.0.5 Culpable Insolvency3.0.6 Swindling and Other Deceits3.0.7 Chattel Mortgage3.0.8 Arson and Other Crimes Involving Destruction3.0.9 Malicious Mischief3.0.10 Exemption from Criminal Liability in Crimes against Property

3.1 Crimes Against Chastity

3.1.1 Adultery and Concubinage3.1.2 Acts of Lasciviousness3.1.3 Seduction, Corruption and White Slave Trade

3.1.3.1 Relation to Republic Act 9208 and 7610

3.1.4 Abduction3.1.5 Provisions Relative to the Preceding Chapters of Title Eleven

3.2 Crimes Against the Civil Status of Persons

3.2.1 Simulation of Births and Usurpation of Civil Status3.2.2 Illegal Marriages

3.3 Crimes Against Honor

3.3.1 Libel3.3.2 Incriminatory Machinations

3.4 Quasi Offenses

3.4.1 Criminal Negligence


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3.0 CRIMINAL PROCEDURE

3.1 Introduction

3.1.1 Significance of the Study3.1.2 Scope and Limitation of the Study

3.1.3 Concept of Criminal Procedure

3.2 Jurisdiction of Courts in Criminal Cases

3.2.1 Different Courts in the Philippines3.2.2 Jurisdiction3.2.3 Jurisdiction of Different Courts in Criminal Cases

3.3 Prosecution of Offenses (Rule 110)

3.3.1 Institution of Criminal Action3.3.2 Concept of Complaint/Information3.3.3 Prosecution of Criminal Action3.3.4 Sufficiency of Complaint/Information3.3.5 Concept of DuplicitiousOffense

3.3.6 Amendment of Complaint/Information3.3.7 Venue of Criminal Action3.3.8 Intervention of the Offended Party in Criminal Action

3.4 Prosecution of Civil Action (Rule 111)

3.4.1 Institution of Criminal and Civil actions3.4.2 Concept of Independent Civil actions3.4.3 Effect of Death on civil actions3.4.4 Effect of Judgment in Civil Action3.4.5 Concept and Elements of Prejudicial Question3.4.6 Suspension by reason of Prejudicial Question

3.5 Preliminary Investigation (Rule 112)

3.5.1 Definition and Concept3.5.2 Officers Authorized to Conduct Preliminary Investigation3.5.3 Procedure in Preliminary Investigation3.5.4 Propriety of issuance of warrant of arrest3.5.5 Rule when accused is lawfully arrested without warrant3.5.6 Record of Preliminary Investigation3.5.7 Cases not requiring Preliminary Investigation nor covered by the Rule on SummaryProcedure

3.6 Arrest (Rule 113)

3.6.1 Definition and Concept3.6.2 Manner of Arrest3.6.3 Duty of Arresting Officer

3.6.4 Manner of Executing a Warrant3.6.5 Warrantless Arrests3.6.6 Time of Making arrest3.6.7 Method of Arrest3.6.8 Necessity of Assistance3.6.9 Right to Break in/out of Building/Enclosure to Effect Arrest/Release3.6.10 Conduct of arrest After Escape or Rescue3.6.11 Visitation Rights

3.7. Bail


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3.7.1 Definition and Concept3.7.2 Conditions of Bail/Requirements3.7.3 Bail as a matter of right and discretion3.7.4 Definition of capital offense3.7.5 Kinds of Bail3.7.6 Forum where bond is filed3.7.7 When bail is not required, Reduced Bail or Recognizance

3.7.8 Guidelines for the Amount of Bail to be fixed3.7.9 Qualifications and Justification of Sureties3.7.10 Property Bond, Definition and Concept3.7.11 Concept of Corporate Surety3.7.12 Release on Bail or Recognizance3.7.13 Increase or Reduction of Bail3.7.14 Forfeiture and Cancellation of Bail Bond3.7.15 No Bail After Final Judgment; Exceptions3.7.16 Bail not a bar to objections on illegal arrest, lack or irregular preliminary investigation

3.8 Rights of the Accused (Rule 115)

3.8.1 Right to Presumption of Innocence3.8.2 Right to Notice and Hearing3.8.3 Right to Representation (by himself or counsel)

3.8.4 Right to Testify in his behalf3.8.5 Right Against Self-Incrimination3.8.6 Right to Confrontation and Cross-Examination of Witnesses3.8.7 Right to Secure the Attendance of Witnesses3.8.8 Right to Speedy, Impartial and Public Trial3.8.9 Right of Appeal

3.9 Arraignment and Plea (Rule 116)

3.9.1 Concept of Arraignment and Plea; Conduct of Arraignment3.9.2 Plea Bargaining, Definition and Concept3.9.3 Effects of Plea of Guilty to Capital/Non-capital Offense3.9.4 Withdrawal of Plea of Guilty3.9.5 Duty of Court to Inform Accused of his Right to Counsel

3.9.6 Appointment of Counsel de Officio3.9.7 Time to Prepare for Arraignment/Trial3.9.8 Concept of Bill of Particulars3.9.9 Production or Inspection of Evidence in Possession of the Prosecution3.9.10 Reasons for Suspension of Arraignment

4.0 Motion to Quash (Rule 117)

4.0.1 Time to Move to Quash4.0.2 Form and Content4.0.3 Grounds4.0.4 Amendment of Complaint/Information4.0.5 Effect of Sustaining Motion to Quash

4.0.6 Exceptions to the Rule that Order Sustaining the Motion to Quash is not a bar to AnotherProsecution of the Offense4.0.7 Former Conviction or Acquittal; Double Jeopardy4.0.8 Provisional Dismissal4.0.9 Effects of Failure to Move to Quash

4.1 Pre-Trial and Trial (Rule 118 and 119)

4.1.1 Pre-Trial in Criminal Cases4.1.2 Nature and Effect of Pre-trial


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4.1.3 Matters taken during Pre-Trial Conference4.1.4 Pre-Trial Agreement4.1.5 Effect of Non-appearance4.1.6 Pre-trial Order4.1.7 Concept of Trial4.1.8 Necessity of Notice of Trial, Requirement of Continuous Trial4.1.9 Public Attorneys duties when accused is imprisoned

4.1.10 Sanctions4.1.11 Order of Trial4.1.12 Examination of Witnesses Before Trial4.1.13 Examination of Prosecution/Defense Witnesses4.1.14 Requirement of Bail to Secure Appearance of Material Witnesses4.1.15 Trial of Several Accused4.1.16 Requisites of Discharge of Accused to be State Witness4.1.17 Effect of Discharge of Accused to be State Witness4.1.18 Remedy when Mistake is Made in Charging the Offense4.1.19 Exclusion of Public During Trial4.1.20 Consolidation of Trial of Related Cases4.1.21 Nature and Propriety of Demurrer to Evidence

4.2 Judgment (Rule 120)

4.2.1 Definition and Concept4.2.2 Form and Contents4.2.3 Judgment for two or more Offenses4.2.4 Judgment in Case of Variance Between Allegations and Proof4.2.5 When an Offense Includes or is included in another4.2.6 Promulgation of Judgment4.2.7 Modification of Judgment4.2.8 Entry of Judgment

4.3 New Trial or Reconsideration (Rule 121)

4.3.1 Definition and Concept of New Trial or Reconsideration4.3.2 Grounds for New Trial4.3.3 Grounds for Reconsideration4.3.4 Form and Hearing of Motion4.3.5 Effects of Granting New Trial/Reconsideration

4.4 Appeal (Rule 122)

4.4.1 Definition and Concept of Appeal4.4.2 Forum of Appeal, Parties to an Appeal, Manner of Appeal4.4.3 Period of Appeal4.4.4 Transmission of papers to Appellate Court Upon Appeal4.4.5 Appeal to the Regional Trial court4.4.6 Transmission of Records in Case of Death Penalty4.4.7 Effect of Appeal by any of Several Accused

4.4.8 Effect of Withdrawal of Appeal4.4.9 Appointment of counsel de Officio for Accused on Appeal

4.5 Procedure in the MTC/Court of Appeals/Supreme Court (Rules 123, 124 and 125)

4.5.1 Uniform Procedure as in the RTC/ Exceptions4.5.2 Procedure in the Court of Appeals4.5.3 Period of Time to File Brief for Appellant/appellee4.5.4 Application for Extension of Time to File Brief4.5.5 Form and Contents of Brief


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4.5.6 Dismissal of Appeal4.5.7 Reversal or Modification of Judgment4.5.8 Power of the Appellate Court on Appeal4.5.9 Power of the Appellate Court to Receive Evidence4.5.10 Concept of Motion for New Trial in the Appellate Court4.5.11 Rehearing or Reconsideration4.5.12 Steps when Judgment is Rendered by the Appellate Court

4.5.13 Appellate Jurisdiction of Supreme Court4.5.14 Review of Decisions of the Court of Appeals by the Supreme Court4.5.15 Rendition of Decision if Opinion is Equally Divided

4.6 Search and Seizure

4.6.1 Search Warrant, Definition and Concept4.6.2 Court where application for search warrant is filed4.6.3 Properties to Seize During Search4.6.4 Requisites for the Issuance of Search Warrant4.6.5 Necessity of Examining the Complainant and Witnesses4.6.6 Issuance and Form of Search Warrant4.6.7 Right to Break In to Effect Search4.6.8 Requirement of Presence of Witnesses During Search4.6.9 Time of Making Search

4.6.10 Validity of Search Warrant4.6.11 Issuance of Receipt for Property Seized4.6.12 Delivery of Property and Inventory4.6.13 Search incidental to lawful arrest4.6.14 Propriety of Warrantless Search4.6.15 Motion to Quash a search warrant or to suppress evidence

4.7 Provisional Remedies in Criminal Cases (Rule 127)

4.7.1 Provisional Remedies; Definition and Concept4.7.2 Availability of Provisional Remedies4.7.3 Attachment

4.8 Rule on Summary Procedure

4.8.1 Concept of Summary Procedure4.8.2 Cases Where the Rule on Summary Procedure is applied4.8.3 Commencement of Summary Procedure in Criminal Cases4.8.4 Conduct of Preliminary Conference4.8.5 Procedure of Trial4.8.6 Arrest of Accused4.8.7 Referral to Lupon/Applicability4.8.8 Prohibited Pleadings4.8.9 Appeal

4.9 Critique of the Study

4.9.1 Are the Procedures Laid Down by the Rules effective for an Efficient Disposition ofCriminal Cases?

4.9.2 What is the Effect of the Rules of Procedure in Our Criminal Justice System?

4. EVIDENCE

4.1 Introduction

4.1.1 Significance of the Study4.1.2 Evidence in General4.1.3 Kinds of Evidence


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4.2 General Provisions (Rule 128)

4.2.1 Definition of Evidence4.2.2 Scope4.2.3 Admissibility4.2.4 Relevancy; Collateral Matters

4.3 What Need Not be Proved (Rule 129)

4.3.1 Concept of Judicial Notice4.3.2 Mandatory and Discretionary Judicial Notice4.3.3 Necessity of Hearing4.3.4 Judicial Admissions

4.4 Rules of Admissibility (Rule 130)

4.4.1 Admissibility of Object (Real) Evidence4.4.2 Admissibility of Documentary Evidence

4.4.2.1 Written Instruments4.4.2.2 Electronic Documents and Electronic Data Messages

4.4.2.3 Relation of Rule on Electronic Evidence

4.4.3 Admissibility of Testimonial Evidence

4.5 Burden of Proof and Presumptions (Rule 131)

4.5.1 Definition and Concept of Burden of Proof4.5.2 Definition and Concept of Presumptions

4.6 Presentation of Evidence (Rule 132)

4.6.1 Examination of Witnesses4.6.2 Rights and Obligations of a Witness4.6.3 Order of Examination of Witnesses

4.6.4 Kinds of Questions Propounded to a Witness4.6.5 Impeachment of Witnesses4.6.6 Necessity of Exclusion and Separation of Witnesses4.6.7 Reference to Memorandum4.6.8 Authentication and Proof of Documents4.6.9 Offer and Objection

4.7 Weight and Sufficiency of Evidence (Rule 133)

4.7.1 Weight and Sufficiency of Evidence

4.8 Perpetuation of Testimony (Rule 134)

4.8.1 Concept of Perpetuation of Testimony4.8.2 Purpose of Perpetuation of Testimony

4.8.3 Manner of Perpetuation of Testimony4.8.4 Depositions


4.9.1 Analysis by the student of the Rules on Evidence and how it affects the disposition ofcases in the Philippines4.9.2 Determination by the students of the flaws and imperfections of the Philippine Law onEvidence and their recommendation of solutions to facilitate the judicial process


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5. COURT TESTIMONY

5.1 Knowledge of applicable laws and procedures

5.2 Preparation of Case

5.2.1 Gathering of Evidence5.2.2 Documentation5.2.3 Transmittal/indorsement to Prosecutors Office

5.2.3.1 Regular Cases5.2.3.2 Inquest Cases

5.3 Court Testimony

5.3.1 Preparation for Hearing5.3.2 Knowledge of the Case, Applicable Law/s and the Procedures of the Court5.3.3 Demeanor and Courtroom Decorum5.3.4 Rights and Obligations as a Witness5.3.5 Turn-over of Evidence


5.4.1 Analysis of the student of the applicable laws and procedures in the handling of casesprior to prosecution, actual court setting and decorum and recommendations in improvedparticipation of law enforcement agencies in the prosecution of cases.