CRIMINAL EVIDENCE

(RULE 128-134)

MICHAEL ANGELO R. MARTINEZ, RCrim. MSCJ, JD

PROGRAM HEAD, VMC-DCE
 RULE 128
GENERAL PROVISIONS
SECTIONS 1-4
Section 1. Evidence defined. —
Evidence is the means, sanctioned
by these rules, of ascertaining in a
judicial proceeding the truth
respecting a matter of fact. (1)
 WHAT IS THE PURPOSE OF EVIDENCE?

The purpose of evidence is to ascertain the truth

respecting a matter of fact in a judicial proceeding (Sec.
1, Rule 128, Rules of Court). Litigations cannot be
properly resolved by suppositions, or even presumptions,
with no basis in evidence. The truth must have to be
determined by the rules for admissibility and proof
(Lagon vs. Hoover). Evidence is required because of the
presumption that the court is not aware of the veracity
of the facts involved in the case. It is therefore,
incumbent upon the parties to prove a fact in issue thru
the presentation of admissible evidence.
 WHEN EVIDENCE IS REQUIRED?

The purpose of evidence is to ascertain the truth

respecting a matter of fact in a judicial proceeding (Sec.
1, Rule 128, Rules of Court). Litigations cannot be
properly resolved by suppositions, or even presumptions,
with no basis in evidence. The truth must have to be
determined by the rules for admissibility and proof
(Lagon vs. Hoover). Evidence is required because of the
presumption that the court is not aware of the veracity
of the facts involved in the case. It is therefore,
incumbent upon the parties to prove a fact in issue thru
the presentation of admissible evidence.
 KINDS OF EVIDENCE

1. ACCORDING TO ITS FORM

2. ACCORDING TO ITS NATURE IN PROVING THE
GUILT OF THE ACCUSED
3. ACCORDING TO WHETHER IT AFFIRMS OR
NEGATES THE EXISTENCE OF FACT
4. ACCORDING TO ITS MATERIALITY
5. ACCORDING TO ITS ADMISSIBILITY
6. ACCORDING TO ITS RELEVANCY
7. ACCORDING TO ITS ORIGINALITY
8. ACCORDING TO THE CONTENT OF TESTIMONY
9. ACCORDING TO THE SOURCE OF EVIDENCE
 ACCORDING TO ITS FORM
1.OBJECT, REAL, or AUTOPTIC EVIDENCE—refers to evidence that is
addressed to the senses of the court.

2.DOCUMENTARY EVIDENCE—is an evidence consist of writings or

material containing letters, words, numbers, figures, symbols or other
mode of written expressions offered as proof of their contents.

3.TESTIMONIAL EVIDENCE—is an evidence elicited from the mouth of

witness.

4.ELECTRONIC EVIDENCE— any data or information stored in electronic

format or on electronic media. For example, any recording made on tape
(video or audio), computer floppy disk or compact disk is generally
regarded as electronic evidence. Obviously, there are many forms that
this data can take, but perhaps the most common types today are e-mail,
word-processed documents and files from spreadsheets and other
applications.
ACCORDING TO ITS NATURE IN PROVING THE GUILT
OF THE ACCUSED

1.DIRECT EVIDENCE—is an evidence which proves a fact in issue

without the aid of inference or presumption.

2.INDIRECT, PRESUMPTIVE, or CIRCUMSTANTIAL EVIDENCE—is that

evidence which indirectly proves a fact in issue through an inference
which the fact finder draws from the evidence established.

3.CUMULATIVE EVIDENCE—refers to evidence of the same kind and

character as that already given which tends to prove the same
proposition.

4.CORROBORATIVE EVIDENCE—it is additional evidence of different

character that prove the same point.
ACCORDING TO WHETHER IT AFFIRMS
OR NEGATES THE EXISTENCE OF FACT

1.POSITIVE EVIDENCE—Evidence is positive when a

witness affirms that a fact occurred or did not
occur.

2.NEGATIVE EVIDENCE—Evidence is negative when

the witness avers that he did not see or know the
occurrence of a fact
 ACCORDING TO MATERIALITY

1. MATERIAL EVIDENCE—Evidence which

tends to prove the fact in issue.

2. IMMATERIAL EVIDENCE—Evidence
which does not tend to prove the fact in
issue in a case or evidence offered upon
a matter not in issue.
 ACCORDING TO COMPETENCY

1. COMPETENT EVIDENCE—evidence which is

not excluded by the law or the rules of
court. It means that the evidence is
admissible.

2. INCOMPETENT EVIDENCE—evidence which

is excluded by the law or the rules of court.
 ACCORDING TO RELEVANCY

1. RELEVANT EVIDENCE—evidence which has a

tendency in reason to establish the probability
or improbability of fact in issue.

2. IRRELEVANT OR UNRELATED EVIDENCE—the

opposite of relevant evidence or evidence that
has the tendency in reason to establish the
probability or improbality of the fact in issue
ACCORDING TO ITS ORIGINALITY

1. PRIMARY OR BEST EVIDENCE—evidence

which the law regards as effecting the
greatest certainty of the in question.

2. SECONDARY EVIDENCE—inferior or
substitutionary evidence, that which itself
indicates the existence of a more original
source of information.
 ACCORDING TO CONTROVERSION

1. PRIMA FACIE EVIDENCE—evidence that is

sufficient to establish a fact, and if not rebutted,
becomes conclusive of that fact.

2. REBUTTING EVIDENCE—that which is given by a

party in the case to explain, repel, counteract or
disprove facts given in evidence on the other side.

3. CONCLUSIVE EVIDENCE—evidence which is

incontrovertible or cannot be contradicted.
 ACCORDING TO CONTENT OF TESTIMONY
1. CHARACTER or REPUTATION EVIDENCE—evidence
attesting to one’s character and moral standing in the
community.
2. OPINION EVIDENCE—evidence of what the witness thinks,
believes, or infers in regards to facts in dispute, as
distinguished from personal knowledge of the facts
themselves.
3. EXPERT EVIDENCE—consists in the opinion of a witness on
a matter requiring special knowledge, skill, experience, or
training which he is shown to possess.
4. ORDINARY EVIDENCE—consists in the testimony of a
witness who testifies to those facts which he knows of his
personal knowledge; that is, which are derived from his own
perception.
 ACCORDING TO SOURCE OF
EVIDENCE
1. INTRINSIC EVIDENCE—information
necessary for the determination of an issue
that is gleaned from the provisions of a
document itself.
2. PAROL EVIDENCE or EXTRINSIC EVIDENCE
or EVIDENCE ALIUNDE—refers to evidence
from a source outside the subject document
(aliunde means “from another source”).
 PROOF AND EVIDENCE: Distinction

1. PROOF is not the evidence itself. There is proof only

because of evidence. It is merely the probative effect of
evidence and is the conviction or persuasion of the mind
resulting from a consideration of evidence.

2. EVIDENCE is the medium or means by which a fact is

proved or disproved. Proof is the effect of evidence because
without evidence there is no proof (Black’s Law Dictionary,
5th Ed., 1094). It must be remembered that bare allegations
unsubstantiated by evidence, are not equivalent to proof
(Domingo vs. Robles)
 B.FACTUM PROBANDUM and FACTUM
PROBANS: Concept

1. FACTUM PROBANDUM—it refers to the fact or

proposition to be established.
2. FACTUM PROBANS—it refers to the material
evidencing the fact or proposition to be established.
ADMISSIBILITY and WEIGHT OF EVIDENCE: Distinction

 ADMISSIBILITY OF EVIDENCE refers to the question of

whether or not the evidence is to be considered at all. Whereas,
WEIGHT OF EVIDENCE refers to the question whether or not it
proves an issue.

ADMISSIBILITY and CREDIBILITY OF EVIDENCE:

Distinction

 ADMISSIBLE means that the evidence is of such character that

the court, pursuant to the rules of evidence, is bound to receive it
or allow it to be introduced at the trial. CREDIBLE means
worthiness of belief or simply means the proffered evidence is
BELIEVABLE.
 WHAT IS THE PURPOSE OF EVIDENCE?

The purpose of evidence is to ascertain the truth

respecting a matter of fact in a judicial proceeding (Sec.
1, Rule 128, Rules of Court). Litigations cannot be
properly resolved by suppositions, or even presumptions,
with no basis in evidence. The truth must have to be
determined by the rules for admissibility and proof
(Lagon vs. Hoover). Evidence is required because of the
presumption that the court is not aware of the veracity
of the facts involved in the case. It is therefore,
incumbent upon the parties to prove a fact in issue thru
the presentation of admissible evidence.
 WHEN EVIDENCE IS REQUIRED?

The purpose of evidence is to ascertain the truth

respecting a matter of fact in a judicial proceeding (Sec.
1, Rule 128, Rules of Court). Litigations cannot be
properly resolved by suppositions, or even presumptions,
with no basis in evidence. The truth must have to be
determined by the rules for admissibility and proof
(Lagon vs. Hoover). Evidence is required because of the
presumption that the court is not aware of the veracity
of the facts involved in the case. It is therefore,
incumbent upon the parties to prove a fact in issue thru
the presentation of admissible evidence.
 MATTERS OR ISSUE NEED
NOT REQUIRE THE
PRESENTATION OF EVIDENCE

1. JUDICIAL NOTICE
2. ADMISSION & CONFESSION
3. PRESUMPTION
 WHAT IS JUDICIAL NOTICE?

Refers to the act of the court in taking cognizance of

matters as true or as existing without need of the
introduction of evidence, or the authority of the court
to accept certain matters as facts even if no evidence
of their existence has been presented. The action is
often expressed thus” “The court takes judicial notice
of…”
The principle is based on convenience and expediency
in securing and introducing evidence on matters which
are not ordinarily capable of dispute and are not bona
fide disputed.
 PURPOSE OF JUDICIAL
NOTICE?

To save time, labor and expenses. It

is based on expediency and
convenience.
General Classification of Matters Subject of
JUDICIAL NOTICE?

1. Adjudicative Matters- those facts related to the case

under consideration and which may affect the
outcome thereof.

2. Legislative Matters- those facts which relate either

to: (i) the existence of a law or legal principle (ii) the
reason, purpose or philosophy behind the law or of
a legal principle as formulated by the legislature or
the court (iii) the law or principle itself.
 Examples of Adjudicative Matters

1. In a case where the accused set up denial and alibi being

then in Manila, court may take judicial notice that normal
travel time by bus from Manila to Baguio City is between 6
to 7 hours

2. Where the accused set up accidental shooting, the court

may take notice that a revolver does not fire accidentally
because pressure must be applied to the trigger

3. Where a witness claimed to have seen a person by the

light of day at around 6:00 PM on December some 10
meters away, courts may take notice of the shortened
days in December and that by 6:30 there is no more day
light.
 Examples of Legislative Matters

1. The need to protect Filipino OFWs as a primary reason behind the Migrant
Workers Act or the increase in the incidence of drug related crimes as
reason for the increase in the penalty for violation of the drug law

2. That the passage of the Anti Terrorism Law and the Anti-Money
Laundering Law were influenced by the demands of the international
community

3. Taking notice of the increase in the age of criminal liability

4. That documents presented in the Register of Deeds are recorded

according to the date and time of their presentation

5. The policy of the law as regards bail in heinous crimes or of the policy of
the state against the use of illegal means to obtain evidence

6. Gun Ban during election period .

MATTERS SUBJECT OF
JUDICIAL NOTICE?
 RULE 129
WHAT NEED NOT BE PROVED

Section 1. Judicial notice, when mandatory. - A court shall take

judicial notice, without the introduction of evidence, of the
existence and territorial extent of states, their political history,
forms of government and symbols of nationality, the law of
nations, the admiralty and maritime courts of the world and
their seals, the political constitution and history of the
Philippines, official acts of the legislative, executive and judicial
departments of the National Government of the Philippines , the
laws of nature, the measure of time, and the geographical
divisions. (1a).

Section 2. Judicial notice, when discretionary. - A court may

take judicial notice of matters which are of public knowledge, or
are capable of unquestionable demonstration, or ought to be
known to judges because of their judicial functions.
 Section 1. Matters the taking notice of
which is mandatory

If a fact falls under any of the matters

enumerated, then the court may not
compel a party to present evidence
thereon and necessarily, it may not
decide against the party for the latter’s
failure to present evidence on the
matter. The enumeration is exclusive.
 Section 1. Matters the taking notice
of which is mandatory

1. As to Foreign States: their

existence and territorial extent;
forms of government ( monarchial,
presidential, parliamentary,
royalty), symbols of nationality
( flag, national costume, anthem).
 Section 1. Matters the taking notice of which is
mandatory

2. The Law of Nations: the body of principles, usages,

customs and unwritten precepts observed by, and
which governs, the relations between and among
states.

Examples: (i). The Principle of Equality of States (ii)

Sovereign Immunity of visiting Heads of States and
the protocol observed for said visiting dignitary such
as the 21 gun salute (iii) The Diplomatic Immunity of
foreign diplomatic representatives (iv) recognition of
piracy as a crime against humanity.
 Section 1. Matters the taking notice
of which is mandatory

3. The Admiralty and Maritime

Jurisdiction of the World and their
Seals
4. The Philippine as a state
 Section 1. Matters the taking notice of which is mandatory

5. The official acts of the legislature, executive and judicial

departments

EXAMPLES:

a. That congress is a bicameral body; the form of leadership in

each house; the process of legislation; the committee system;
laws which were passed
b. State visits of the presidents; ratification of treaties; executive
orders and decrees; declaration of state of emergencies
c. Grants of amnesty
d. Holding of peace negotiations with the rebels
e. Membership in the UN and other regional organizations as well
as the hosting of the ASEAN in Cebu
f. Decisions of appellate courtse
 Section 1. Matters the taking notice of which is mandatory

6. The Laws of Nature.

EXAMPLES:

a. laws relating to science which are so well known such as that the
DNA of each person being distinct, or blood groupings as proof of
filiation; or of finger prints and dententures being distinct and
dissimilar from one person to another.
b. The law of gravity, mathematical equations, weights and
measurements
c. The solar system, the planets and stars
d. The composition and decay of matter
e. The birth and period of gestation of human beings
f. The occurrence of natural phenomenon provided these are
constant, immutable and certain, otherwise these occurrences are
“freaks of nature”
 Section 1. Matters the taking notice of
which is mandatory

6. Measures of Time: into seconds,

minutes, days, weeks months and years
7. Geographical Division of the World such
as the number and location of the
continents, and the major oceans, the
division into hemispheres; longitudes
and latitudes.
Section 2. Matters the taking of which is
discretionary.

This section authorizes a court to take

judicial notice of certain matters in its
discretion. The matters fall into three
groups: 1. Those which are of public
knowledge 2. Those which are capable of
unquestionable demonstration and 3.
Matters ought to be known to judges
because of their judicial functions.
 Matters the taking of which is discretionary

1. First Group: Matters of Public Knowledge.

These are matters the truth or existence of which are

accepted by the public without qualification, condition or
contention.
Requirements:
a. Notoriety of the Facts in that the facts are well and
publicly known. The existence should not be known only
to a certain portion of the community
b. The matter must be well and authoritatively settled and
not doubtful or uncertain
c. The matter must be within the limits of the territorial
jurisdiction of the court
 Matters the taking of which is discretionary

1. First Group: Matters of Public Knowledge.

Examples:

1. The existence and location of hospitals, public buildings,

plazas and markets, schools and universities, main
thoroughfares, parks, rivers and lakes
2. Facts of local history and contemporary developments
including political matters. For example: the creation of
the city or town, previous and present political leaders
or officials; the increase in population; traffic congestion
in main streets. The existence and location of the PMA
in Baguio City
 Matters the taking of which is
discretionary

2. Second Group: Matters Capable of

Unquestionable Demonstration
These are matters which, even if
not notorious, can be immediately
shown to exist or be true so as to
justify dispensing with actual proof.
 Matters the taking of which is discretionary

2. Second Group: Matters Capable of Unquestionable

Demonstration
Examples:
a. That poison kills or results to serious injury
b. That boiling water scalds
c. Striking the body with a sharp instruments results
to rupturing the skin and to bleeding
d. Shooting on the head kills
e. Hunger results to a weakened physical condition
f. ehicles running at top speed do not immediately
stop even when the brakes are applied and will
leave skid marks on the road.
 Matters the taking of which is
discretionary

3. Third Group: Matters Ought To Be

Known to Judges because of their
Judicial Functions
These are matters which pertain to
the office of the Judge or known to
them based on their experience as
judges
 Matters the taking of which is discretionary

3. Third Group: Matters Ought To Be Known to

Judges because of their Judicial Functions
Examples:
a. The behavior of people to being witnesses
such as their reluctance to be involved in
cases thus requiring the issuance of
subpoenae to them; the varied reaction of
people to similar events
b. Procedures in the reduction of bail bonds
ADMISSION & CONFESSION
 WHAT IS ADMISSION?

Is any statement, act, or omission

made by a party to a lawsuit (either
before a court of action or during it)
which tends to support the position
of the other side or diminish his own
position.
 TWO TYPES OF ADMISSION

1. JUDICIAL ADMISSION
2. EXTRA JUDICIAL ADMISSION
 WHAT IS JUDICIAL ADMISSION?

An admission, verbal or written, made

by the party in the course of the
proceedings in the same case, does not
require proof. The admission may be
contradicted only by showing that it
was made through palpable mistake or
that no such admission was made.
(Section 4, Rule 129, Rules of Court)
 WHEN JUDICIAL ADMISSION IS MADE?

1. Pleadings, such as complaint, answer,

reply, etc.;
2. Motions;
3. Modes of discovery
4. Stipulations of facts
5. Statements made in the course of the
trial
 WHAT IS EXTRA JUDICIAL
ADMISSION?

Is any statement, act, or omission

made by a party to a lawsuit before a
court of action or outside the court,
which is against or adversarial to the
interest of the admitter.
 TYPES OF IS EXTRA JUDICIAL
ADMISSION

1. Express—those made in a definite

and unequivocal language.
2. Implied—those which may be
inferred from the act, conduct,
declaration, omission or silence of
a party.
EXAMPLES OF IMPLIED EXTRA JUDICIAL ADMISSION which
is considered as CIRCUMSTANTIAL EVIDENCE OF GUILT

1. FLIGHT AND CONCEALMENT.

2. ADMISSION BY SILENCE— An act or declaration made in
the presence and within the hearing or observation of a
party who does or says nothing when the act or
declaration is such as naturally to call for action or
comment if not true, and when proper and possible for
him to do so, may be given in evidence against him.
(Section 32, Rule 130, Rules of Court)
3. PLEA OF FORGIVENESS
4. OFFER OF MARRIAGE
5. INFLUENCE
6. OFFER OF COMPROMISE
 Offer of compromise not admissible
(Section 27, Rule 130 Rules of Court)

In civil cases, an offer of compromise is not an admission of

any liability, and is not admissible in evidence against the
offeror.
In criminal cases, except those involving quasi-offenses
(criminal negligence) or those allowed by law to be
compromised, an offer of compromised by the accused may
be received in evidence as an implied admission of guilt. A
plea of guilty later withdrawn, or an unaccepted offer of a
plea of guilty to lesser offense, is not admissible in evidence
against the accused who made the plea or offer.
An offer to pay or the payment of medical, hospital or other
expenses occasioned by an injury is not admissible in
evidence as proof of civil or criminal liability for the injury.
 Rules on Offer of Compromise
1. Civil Cases—an offer of compromise:
a. Is NOT an admission of any liability; and
b. Is NOT admissible in evidence against the offeror
2. Criminal Cases:
 General Rule—an offer of compromise made by the accused MAY be
RECEIVED in evidence as an IMPLIED ADMISSION of his guilt.
 Exceptions—when an offer of compromise is NOT an implied
admission of guilt:
1. In quasi-offenses (Negligence) where there is no Criminal Intent [such
as reckless imprudence]
2. In criminal cases allowed by law to compromised such as:
a. National Internal Revenue Code [Sec.7 (c)]—the commissioner or
internal revenue has the power to compromise minor criminal violation
as may be determined by the Secretary of finance.
b. Local Government Code [Sec. 408]—allowed in minor offenses whose
penalties do not exceed one year
c. Revised Penal Code [Art. 266-C of the Anti Rape Law of 1997]—in
cases of Marital Rape, where subsequent forgiveness by the wife
 WHAT IS CONFESSION?

The declaration of an accused

acknowledging his guilt of the
offense charged, or of any offense
necessarily included therein, may be
given in evidence against him.
(Section 33, Rule 130, Rules of Court)
 TWO TYPES OF CONFESSION
Extra Judicial Confession Judicial Confession

That made by a party elsewhere 1 That made by a party in open

than before a magistrate or a court
court

Deprives the other accused of 2 Is thrown wide open for cross

the opportunity to cross-examine examination and rebuttal
the confessant

Generally binding only upon the 3 May be admissible against one co-
confessant and is not admissible accused
against his co-accused
 JUDICIAL ADMISSION & JUDICIAL
CONFESSION: Distinction
Admission Confession
Sec. 26 Sec. 33

It is a statement of a fact 1 It is an acknowledgement of

without necessarily the guilt of the offense
acknowledging guilt charged

It may be express or implied 2 It must always be express

It applies to both criminal 3 It applies only to criminal

and civil cases cases
PRESUMPTION OF LAW
 WHAT IS PRESUMPTION?

A deduction which the law directs

to be made from particular facts.
 TWO KINDS OF PRESUMPTION

1. CONCLUSIVE PRESUMPTION [Presumption

Juriset de Jure]—an inference which the law
makes so peremptory that it will not allow such
inference to be overturned by any contrary
proof however strong.

2. DISPUTABLE PRESUMPTION [Presumption

JurisTantum]—a presumption that stands unless
rebutted by evidence.
 TWO KINDS OF CONCLUSSIVE PRESUMPTION
(Section 2, Rule 131, Rules of Court)

1. Whenever a party has, by his own declaration, act, or

omission, intentionally and deliberately led to another to
believe a particular thing true, and to act upon such belief,
he cannot, in any litigation arising out of such declaration,
act or omission, be permitted to falsify it (Estoppel in Pais).

2. The tenant is not permitted to deny the title of his landlord

at the time of commencement of the relation of landlord
and tenant between them (In favor of the land lord).
 KINDS OF DISPUTABLE PRESUMPTION
(Section 3, Rule 131, Rules of Court)

a. That a person is innocent of crime or wrong;

b. That an unlawful act was done with an unlawful intent;
c. That a person intends the ordinary consequences of
his voluntary act;
d. That a person takes ordinary care of his concerns;
e. That evidence willfully suppressed would be adverse if
produced
f. That money paid by one to another was due to the
latter;
 KINDS OF DISPUTABLE PRESUMPTION
(Section 3, Rule 131, Rules of Court)

g. That a thing delivered by one to another belonged to the

latter;
h. That an obligation delivered up to the debtor has been paid;
i. That prior rents or installments had been paid when a
receipt for the later one is produced;
j. That a person found in possession of a thing taken in the
doing of a recent wrongful act is the taker and the doer of
the whole act; otherwise, that things which a person
possess, or exercises acts of ownership over, are owned by
him;
 KINDS OF DISPUTABLE PRESUMPTION
(Section 3, Rule 131, Rules of Court)

k. That a person in possession of an order on himself for the payment

of the money, or the delivery of anything, has paid the money or
delivered the thing accordingly;
l. That a person acting in a public office was regularly appointed or
elected to it;
m.That official duty has been regularly performed;
n. That a court, or judge acting as such, whether in the Philippines or
elsewhere, was acting in the lawful exercise of jurisdiction;
o. That all the matters within an issue raised in a case were laid
before the court and passed upon by it; and in like manner that all
matters within an issue raised in a dispute submitted for arbitration
were laid before the arbitrators and passed upon by them;
 KINDS OF DISPUTABLE PRESUMPTION
(Section 3, Rule 131, Rules of Court)

p. That private transactions have been fair and regular;

q. That the ordinary course of business has been followed;
r. That there was a sufficient consideration for a contract;
s. That a negotiable instrument was given or indorsed for a sufficient
consideration;
t. That an endorsement of negotiable instrument was made before the
instrument was overdue and at the place where the instrument is
dated;
u. That writing is truly dated;
v. That a letter duly directed and mailed was received in the regular
course of the mail;
w.That after an absence of seven years, it being unknown whether or not
the absentee still lives, he is considered dead for all purposes, except
for those of succession.
 KINDS OF DISPUTABLE PRESUMPTION
(Section 3, Rule 131, Rules of Court)

g. That a person found in possession of a

thing taken in the doing of a recent
wrongful act is the taker and the doer of
the whole act; otherwise, that things
which a person possess, or exercises acts
of ownership over, are owned by him;
 KINDS OF DISPUTABLE PRESUMPTION
(Section 3, Rule 131, Rules of Court)

Sec. 3 (j)—Adverse Presumption from Possession of Stolen

Goods:

Requisites for the Possessor of Stolen Property to be deemed the

Robber or Theft:

1. The crime of theft or robbery has been committed;

2. The crime was committed recently;
3. The stolen property was found in the possession of the
defendants; and
4. The defendant is unable to explain his possession
satisfactorily.
CRIMES INVOLVING PROPERTY IN RELATION TO
Sec. 3 (j) (Adverse Presumption from Possession
of Stolen Goods) Rules of Court—

1. THEFT
2. ROBBERY
3. PD 532 (Highway Robbery/Piracy)
4. RA 10883 (Anti Carnapping)
5. PD 533 (Anti Cattle Rustling)
6. PD 1612 (Anti Fencing Law)
 WHAT IS THEFT?

 is the unlawful taking, with intent to

gain, of personal property belonging to
another without the latter’s consent
and without violence against or
intimidation of person or force upon
things. (Art. 308, Title 10, Book 2, RPC)
 ELEMENTS OF THEFT

1. That there be taking of personal property.

2. That said property belongs to another.
3. That the taking be done with intent to gain.
4. That the taking be done without the
consent of the owner.
5. That the taking be accomplished without
the use of violence against or intimidation
of persons or force upon things.
 4 KINDS OF THEFT
(Art. 308, Title 10, Book 2 RPC)

1. UNLAWFUL TAKING OF PERSONAL PROPERTY, WITH INTENT TO

GAIN, BELONGING TO ANOTHER WITHOUT THE LATTERS CONSENT
AND WITHOUT VIOLENCE AGAINST OR INTIMIDATION OR PERSON
OR FORCE UPON THINGS.
2. Any person who, having found lost property, shall fail to deliver the
same to the local authorities or to its owner
3. Any person who, after having maliciously damaged the property of
another, shall remove or make use of the fruits or object of the
damage caused by him; and
4. Any person who shall enter an enclosed estate or a field where
trespass is forbidden or which belongs to another and without the
consent of its owner, shall hunt or fish upon the same or shall
gather cereals, or other forest or farm products.
 WHAT IS QUALIFIED THEFT?
(Art 310, Title 10, Book 2 RCP)

 is the unlawful taking, with intent to gain, of personal property

belonging to another without the latter’s consent and without
violence against or intimidation of person committed by—
A. a domestic servant, or
B. with grave abuse of confidence, or
C. if the property stolen is motor vehicle, mail matter or large
cattle or consists of coconuts taken from the premises of the
plantation or fish taken from a fishpond or fishery, or if
property is taken on the occasion of fire, earthquake,
typhoon, volcanic eruption, or any other calamity, vehicular
accident or civil disturbance.
 WHAT IS ROBBERY?

 is the unlawful taking, with intent

to gain, of personal property
belonging to another by means of
violence against or intimidation of
person or force upon things. (Art.
308, Title 10, Book 2, RPC)
 ELEMENTS OF ROBBERY

1. That there be taking of personal property.

2. That said property belongs to another.
3. That the taking be done with intent to
gain.
4. That the taking be accomplished by means
of violence against or intimidation of
persons or force upon things.
 ELEMENTS OF ROBBERY

1. That there be taking of personal property.

2. That said property belongs to another.
3. That the taking be done with intent to
gain.
4. That the taking be accomplished by means
of violence against or intimidation of
persons or force upon things.
 TWO KINDS OF ROBBERY

1. Robbery with violence against or

intimidation of persons (Art. 295,
Title 10, Book 2 RPC)
2. Robbery with Force upon things
(Art. 299 & Art. 302, Title 10, Book
2 RPC)
Kinds of Robbery with violence against or intimidation of persons (Art. 295, Title
10, Book 2 RPC)

1. when by reason or on occasion of the robbery, the crime of homicide shall

have been committed.
2. when the robbery shall have been accompanied by rape or intentional
mutilation, or if by reason or on occasion of such robbery, any of the physical
injuries penalized in subdivision 1 of Article 263 shall have been inflicted;
3. when by reason or on occasion of the robbery, any of the physical injuries
penalized in subdivision 2 of the article mentioned in the next preceding
paragraph, shall have been inflicted.
4. if the violence or intimidation employed in the commission of the robbery shall
have been carried to a degree clearly unnecessary for the commission of the
crime, or when the course of its execution, the offender shall have inflicted
upon any person not responsible for its commission any of the physical injuries
covered by sub-divisions 3 and 4 of said Article 263.
5. Robbery in any other cases.
 Kinds Robbery with Force upon things
(Art. 299 & Art. 302, Title 10, Book 2 RPC )

1. Robbery in an inhabited house or public

building or edifice devoted to worship(Art.
299 Title 10, Book 2 RPC)

2. Robbery is an uninhabited place or in a

private building (Art. 302, Title 10, Book 2
RPC )
2 acts of Robbery in an inhabited house or public building or edifice
devoted to worship
(Art. 299 Title 10, Book 2 RPC)

1. That the offender entered (a) an inhabited house, or (b) public

buildings, or (c) edifice devoted to religious worship and the
entrance was effected forcibly and take personal property therein.

2. That the offender is inside a dwelling house, public building, or

edifice devoted to religious worship, regardless of the
circumstances under which he entered it and takes personal
property belonging to another with intent to gain by—
a. the breaking of doors, wardrobes, chests, or any other kind of
locked or sealed furniture or;receptacle, or
b. by taking such furniture or objects away to be broken or forced
open outside the place of the robbery.
 Elements of Robbery in an inhabited house or public building or
edifice devoted to worship of the FIRST KIND
(Art. 299 Title 10, Book 2 RPC)

1. That the offender entered (a) an inhabited house, or (b) public

buildings, or (c) edifice devoted to religious worship.
2. That the entrance was effected by any of the following means:
a. Through an opening not intended for entrance or egress.
b. By breaking any wall, roof, or floor or breaking any door or
window.
c. By using false keys, picklocks or similar tools or.
d. By using any fictitious name or pretending the exercise of
public authority.
e. That once inside the building, the offender took personal
property belonging to another with intent to gain.
Elements of Robbery in an inhabited house or public building
or edifice devoted to worship of the SECOND KIND
(Art. 299 Title 10, Book 2 RPC)

1. That the offender is inside a dwelling house, public

building, or edifice devoted to religious worship, regardless
of the circumstances under which he entered it
2. That the offender takes personal property belonging to
another with intent to gain, under any of the following
circumstances—
a. by the breaking of doors, wardrobes, chests, or any other
kind of locked or sealed furniture or receptacle, or
b. by taking such furniture or objects away to be broken or
forced open outside the place of the robbery.
 PD 532
(ANTI-PIRACY AND ANTI-
HIGHWAY ROBBERY LAW OF
1974)
 TWO KINDS OF PIRACY

1. Piracy under art. 122 of the

RPC
2. Piracy under PD 532
 WHAT IS PIRACY
UNDER ART. 122, BOOK 2, RPC?

Refers to an attack or seizing of a vessel or

seizing the whole or part of the cargo of
said vessel, its equipment, or personal
belongings of its complement or
passengers, while on the high sea or
Philippine waters, by a person not being a
member of its complement nor a passenger.
 WHAT IS PIRACY UNDER PD 532?

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. (Section 2, par. D, PD 532)
 Two (2) Ways of Committing PIRACY
( UNDER art. 122 RPC & PD 532)

1. By attacking or seizing a vessel on the

high seas or in the Philippine waters
2. By seizing the whole or part of the
cargo of said vehicles, its equipment
or personal belongings of its
complement or passengers
 ELEMENTS OF PIRACY
( UNDER art. 122, RPC)

1. That a vessel is on the high seas/Philippine waters.

2. That the offenders are not members of its complement
or passengers of the vessel.
3. That the offenders –
a. attack or seize that vessel or ( hence, if committed by
crew or passengers, the crime is not piracy but
robbery in the high seas)
b. seize the whole or part of the cargo of said vessel, its
equipment or personal belongings of its complement or
passenger.
 ELEMENTS OF PIRACY
( UNDER PD 532)

1. That a vessel is in the Philippine waters.

2. That the offenders are either members or not a
members of the complement or passengers of the
vessel.
3. That the offenders –
a. attack or seize that vessel or
b. seize the whole or part of the cargo of said
vessel, its equipment or personal belongings of its
complement or passenger.
 QAULIFIED PIRACY
( UNDER ART. 123, RPC)

Whenever the pirates—

1. have seized a vessel by boarding or firing upon

the same;
2. have abandoned their victims without means
of saving themselves; or
3. Whenever the crime is accompanied by
murder, homicide, physical injuries or rape.
 QAULIFIED PIRACY
( UNDER PD 532)

Whenever the pirates commits—

1. physical injuries or other crimes are committed as a

result or on the occasion thereof.
2. rape, murder or homicide as a result or on the occasion
of piracy,
3. when the offenders abandoned the victims without
means of saving themselves, or
4. when the seizure is accomplished by firing upon or
boarding a vessel.
 WHAT IS HIGHWAY ROBBERY/BRIGANDAGE
UNDER PD 532?

Refers to the act of seizure of any person for

ransom, extortion or other unlawful purposes, or
the taking away of the property of another by
means of violence against or intimidation of
person or force upon things of other unlawful
means, committed by any person on any
Philippine Highway. ( Section 2, par. e PD 532)
 ELEMENTS OF HIGHWAY
ROBBERY/BRIGANDAGE
UNDER PD 532?

1. that the offender/offenders is/are organized

for the purpose of committing robbery;
2. That the robbery is committed against any
victim or discriminately; and
3. That the robbery is committed on the
Philippine highway.
 RA 10883
(New Anti-Carnapping Act of
2016)
 WHAT IS CARNAPPING?

Is the taking, with intent to gain, of a

motor vehicle belonging to another
without the latter’s consent, or by
means of violence against or
intimidation of persons, or by using
force upon things. (Section 3, RA 10883)
 WHAT IS A MOTOR VEHICLE?

 refers to any vehicle propelled by

any power other than muscular
power using the public highways.
(Section 2, Par. e, RA 10883)
 ELEMENTS OF MOTOR VEHICLE
FOR PURPOSES OF CARNAPPING?

1. vehicle propelled by any power

other than muscular power
2. vehicle using the public highways
 VEHICLE NOT CONSIDERED MOTOR VEHICLE
FOR PURPOSES OF RA 10883?
(Section 3, Par. E, RA 108830)

1. road rollers, trolley cars, street sweepers,

sprinklers, lawn mowers, bulldozers, graders,
forklifts, amphibian trucks, and cranes if not
used on public highways;
2. vehicles which run only on rails or tracks; and
3. tractors, trailers and traction engines of all
kinds used exclusively for agricultural purposes.
 ELEMENTS OF CARNAPPING

1. That there be taking of Motor Vehicle.

2. That said Motor Vehicle belongs to
another.
3. That the taking be done with intent to
gain.
4. That the taking be accomplished by means
of violence against or intimidation of
persons or force upon things.
 QUALIFIED CARNAPPING/SPECIAL
COMPLEX CRIME OF CARNAPPING WITH
HOMICIDE/RAPE
(Section 3, 2nd par., RA 10883)

when the owner, driver, or occupant of

the carnapped motor vehicle is killed or
raped in the commission of the
carnapping.
 PD 533
(Anti-Cattle Rustling Law of 1974)
 WHAT IS CATTLE RUSTLING?

 is the taking away by any means, method or

scheme, without the consent of the owner/raiser,
of any of the above-mentioned animals whether
or not for profit or gain, or whether committed
with or without violence against or intimidation
of any person or force upon things. It includes
the killing of large cattle, or taking its meat or
hide without the consent of the owner/raiser.
(Section 2, par. C, PD 533)
 WHAT IS CATTLE RUSTLING?

 is the taking away by any means, method or

scheme, without the consent of the owner/raiser,
of any of the above-mentioned animals whether
or not for profit or gain, or whether committed
with or without violence against or intimidation
of any person or force upon things. It includes
the killing of large cattle, or taking its meat or
hide without the consent of the owner/raiser.
(Section 2, par. C, PD 533)
 3 ACTS OF CATTLE RUSTLING
(Section 2, par. C, PD 533)

1. Taking away by any means, method or scheme, without

the consent of the owner/raiser, of any of the above-
mentioned animals whether or not for profit or gain, or
whether committed with or without violence against or
intimidation of any person or force upon things;
2. killing of large cattle, or
3. taking its meat or hide without the consent of the
owner/raiser.
 ELEMENTS OF CATTLE RUSTLING

1. That there is—

taking away by any means, method or scheme, without the
consent of the owner/raiser, of a large cattle (Horse,
Carabao, Cow, Mule, etc.,) whether or not for profit or gain;
killing of large cattle; or
taking its meat or hide

2. Whether committed with or without violence against or

intimidation of any person or force upon things or without
the consent of the owner/raiser.
 ELEMENTS OF CATTLE RUSTLING

1. That there is—

taking away by any means, method or scheme, without the
consent of the owner/raiser, of a large cattle (Horse,
Carabao, Cow, Mule, etc.,) whether or not for profit or gain;
killing of large cattle; or
taking its meat or hide

2. Whether committed with or without violence against or

intimidation of any person or force upon things or without
the consent of the owner/raiser.
 PRESUMPTION OF CATTLE RUSTLING

Every person having in his possession, control

or custody of large cattle shall, upon demand
by competent authorities, exhibit the
documents prescribed in the preceding
sections. Failure to exhibit the required
documents shall be prima facie evidence that
the large cattle in his possession, control or
custody are the fruits of the crime of cattle
rustling. (Section 7, PD 5330
 QUALIFIED CATTLE RUSTLING

 If a person is seriously injured or

killed as a result or on the occasion
of the commission of cattle rustling,
the penalty of reclusion perpetua to
death shall be imposed.