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fire technology and arson investigation
Fire Technology




Fire Technology and Arson Investigation






3 State of matter

          Solid
          Liquid
          Gas

4 General Categories Of Heat Energy

          Chemical Heat Energy
          Electrical Heat Energy
          Mechanical Heat Energy
          Nuclear Heat Energy

Backdraft - a phenomenon in which a fire that has consumed all available
oxygen suddenly explodes when more oxygen is made available, typically
because a door or window has been opened.

Boiling Point - The temperature of a substance where the rate of
evaporation exceeds the rate of condensation.

British Thermal Unit - (BTU)  The amount of heat needed to raise the
temperature of one pound of water one degree F.

Calorie - The amount of heat needed to raise the temperature of one
gram of water one degree Centigrade.

Centigrade - (Celcius)  On the Centigrade scale, zero is the melting
point of ice; 100 degrees is the boiling point of water.

Chemical Heat Energy

          Heat of Combustion - The amount of heat generated by the
          combustion (oxidation) process.

          Heat of Decomposition - The release of heat from decomposing
          compounds.  These compounds may be unstable and release
          their heat very quickly or they may detonate.

          Heat of Solution - The heat released by the mixture of matter
          in a liquid.  Some acids, when dissolved, give off sufficient
          heat to pose exposure problems to nearby combustibles.

          Spontaneous Heating - The heating of an organic substance
          without the addition of external heat.  Spontaneous heating
          occurs most frequently where sufficient air is not present
          to dissipate the heat produced.  The speed of a heating
          reaction doubles with each 180 F (80 C) temperature increase.

Classification of Fires
 
          Class A Fire - Fires involving ordinary combustible materials,
          such as wood, cloth, paper, rubber and many plastics.

          Class B Fires - Fires involving flammable liquids, greases
          and gases.

          Class C Fires - Fires involving energized electrical equipment.

          Class D Fires - Fires involving combustible metals, such as
          magnesium, titanium, zirconium, sodium and potassium.

          Class K Fires - Class K is a new classification of fire as
          of 1998 and involves fires in combustible cooking fuels such
          as vegetable or animal fats.

Combustion - is the self-sustaining process of rapid oxidation of a
fuel being reduced by an oxidizing agent along with the evolution of
heat and light.

Dry Chemicals and Halons - method of fire extinguishment, interrupt
the flame producing chemical reaction, resulting in rapid extinguishment.

Electrical Heat Energy

          Dielectric Heating - The heating that results from the action
          of either pulsating direct current, or alternating current
          at high frequency on a non-conductive material.

          Heat from Arcing - Heat released either as a high-temperature
          arc or as molten material from the conductor.

          Heat Generated by Lightning - The heat generated by the
          discharged of thousands of volts from either earth to cloud,
          cloud to cloud or from cloud to ground.

          Induction Heating - The heating of materials resulting from
          an alternating current flow causing a magnetic field influence.

          Leakage Current Heating - The heat resulting from imperfect
          or improperly insulated electrical materials.  This is
          particularly evident where the insulation is required to
          handle high voltage or loads near maximum capacity.

          Resistance Heating - The heat generated by passing an
          electrical force through a conductor such as a wire or
          an appliance.

          Static Electricity Heating - Heat released as an arc between
          oppositely charged surfaces.  Static electricity can be
          generated by the contact and separation of charged surfaces
          or by fluids flowing through pipes.

   

Endothermic Heat Reaction - A chemical reaction where a substance
absorbs heat energy.

Exothermic Heat Reaction - A chemical reaction where a substance
gives off heat energy.

Fahrenheit - On the Fahrenheit scale, 32 degrees is the melting point
of ice; 212 degrees is the boiling point of water.

Fire point - The temperature at which a liquid fuel will produce
vapors sufficient to support combustion once ignited.  The fire point
is usually a few degrees above the flash point.

Fire Triangle - Oxygen, Fuel, Heat

Fire National Training Institute - (FNTI) the Institution for training
on human resource development of all personnel of the Bureau of Fire
Protection (BFP).

Flame - A gas-phased combustion.

Flammable or Explosive Limit - The percentage of a substance in air
that will burn once it is ignited.  Most substances have an upper
(too rich) and a lower (too lean) flammable limit.

Flashover - an instance of a fire spreading very rapidly across a gap
because of intense heat. Occurs when a room or other area becomes
heated to the point where flames flash over the entire surface or area.

Flash Point - The minimum temperature at which a liquid fuel gives
off sufficient vapors to form an ignitable mixture with the air near
the surface.  At this temperature, the ignited vapors will flash, but
will not continue to burn.

Fuel - is the material or substance being oxidized or burned in the
combustion process. Material such as coal, gas, or oil that is burned
to produce heat or power.

Fuel Removal - method of fire extinguishment, fire is effectively
extinguished by removing the fuel source.  This may be accomplished by
stopping the flow of liquid or gaseous fuel or by removing solid fuel
in the path of the fire or allow the fire  to burn until all fuel
is consumed.

Glowing Combustion -  A condensed phased combustion.

Heat - the quality of being hot; high temperature. A form of energy
arising from the random motion of the molecules of bodies, which
may be transferred by conduction, convection, or radiation.

Heating - is transfer of energy, from a hotter body to a colder one,
other than by work or transfer of matter.

Heat of Combustion - The amount of heat generated by the combustion
(oxidation) process.

Heat Transfer

          Conduction - Conduction is the transfer of energy through
          matter from particle to particle. Heat may be conducted from
          one body to another by direct contact of the two bodies or
          by an intervening heat-conducting medium.

          Convection -  is the transfer of heat by the actual movement
          of the warmed matter. Transfer of heat by the movement of
          air or liquid.

          Radiation -  Electromagnetic waves that directly transport
          energy through space.

Ignition Temperature - The minimum temperature to which a fuel in air
must be heated in order to start self-sustained combustion independent
of the heating source.

Heat - The form of energy that raises temperature.  Heat is measured
by the amount of work it does.

Heat of Decomposition -  The release of heat from decomposing compounds.
These compounds may be unstable and release their heat very quickly or
they may detonate.

Heat of Solution -  The heat released by the mixture of matter in a
liquid.  Some acids, when dissolved, give off sufficient heat to pose
exposure problems to nearby combustibles.

Mechanical Heat Energy

          Frictional Heat - The heat generated by the movement between
          two objects in contact with each other.

          Friction Sparks - The heat generated in the form of sparks
          from solid objects striking each other.  Most often at least
          one of the objects is metal.

          Heat of Compression - The heat generated by the forced
          reduction of a gaseous volume.  Diesel engines ignite fuel
          vapor without a spark plug by the use of this principle.

Nuclear Fission and Fusion - The heat generated by either the
splitting or combining of atoms.

Oxidation - The complex chemical reaction of organic material with
oxygen or other oxidizing agents in the formation of more stable
compounds.

Oxidizing Agents - are those materials that yield oxygen or other
oxidizing gases during the course of a chemical reaction.

Oxygen Dilution - is the reduction of the oxygen concentration to
the fire area.

Phases of Fire
   
           Incipient Phase (Growth Stage)  
           Free-Burning Phase (Fully Developed Stage)
           Smoldering Phase (Decay Stage)

Products of Combustion

          Fire gases
          Flame
          Heat
          Smoke

Pyrolysis (also known as thermalde composition) - is defined as the
chemical decomposition of matter through the action of heat.

RA 6975 - created the BFP.

          Bureau of Fire Protection (BFP) - administers and enforces
          the fire code of the Philippines. The Fire Bureau shall
          have the power to  investigate all causes of fires and, if
          necessary, file the proper  complaints with the city or
          provincial prosecutor who has jurisdiction  over the case.

          Chief of the Fire Bureau - rank is Director.
         
          Deputy Chief for Administration of the Fire Bureau - 2nd
          highest officer in the BFP. Rank is Chief Superintendent.

          Deputy Chief for Operation of the Fire Bureau - the 3rd
          highest officer in the BFP. Rank is Chief Superintendent.

          Chief of Directorial Staff of the Fire Bureau - 4th highest
          officer in the BFP. Rank is Chief Superintendent.

          Directors of the Directorates in the respective national
          headquarters office - rank is Senior Superintendent.

          Regional Director for Fire Protection - The BFP 
          shall establish, operate and maintain their respective
          regional offices in each of the administrative regions of
          the country. Rank is Senior Superintendent.
                - He/She shall be respectively assisted by the
                  following officers with the rank of superintendent:
                  Assistant Regional Director for Administration,
                  Assistant Regional Director for Operations, and
                  Regional Chief of Directorial Staff.
         
          Assistant Regional Director for Fire Protection - The
          assistant heads of the Department's regional offices - rank
          is Senior Superintendent.

          District Fire Marshall - the heads of the NCR district offices -
          rank is Senior Superintendent.

          Provincial Fire Marshall - the heads of the provincial offices -
          rank is Superintendent.

          District Fire Marshall - heads of the district offices - rank
          is Chief Inspector.

          Chief of Municipal/City Fire Station - (also called City/
          Municipal Fire Marshall) - the heads of the municipal or
          city stations - rank is Senior Inspector.

          Fire Station - at least one in every provincial capital, city
          and municipality.

          LGU - (Local Government Unit) - shall provide the site of the
          Fire Station.

RA 9263 - this Act shall be known as the "Bureau of Fire Protection
and Bureau of Jail Management and Penology Professionalization Act of 2004.

          The BFP is headed by a Chief to be assisted by 2 deputy chief, 1
          for administration and 1 for operation, all appointed by the
          President upon recommendation of DILG Secretary from among
          qualified officers with at least the rank of Senior Superintendent
          in the service.

          In no case shall any officer who has retired or is retirable
          within six (6) months from his/her compulsory retirement age
          be appointed as Chief of the Fire Bureau or Chief of the
          Jail Bureau.

          The Chief of the Fire Bureau and Chief of the Jail Bureau
          shall serve a tour of duty not to exceed four (4) years.

          The President may extend such tour of duty in times of war
          or other national emergency declared by Congress.

RA 9514 - this act shall be known as the fire code of the Philippines
of 2008. An Act establishing a comprehensive fire code of the
Philippines repealing PD 1185 and for other purposes.

Specific Gravity - the density of liquids in relation to water.

Spontaneous Heating - The heating of an organic substance without
the addition of external heat.  Spontaneous heating occurs most
frequently where sufficient air is not present to dissipate the
heat produced.

Temperature Reduction - method of extinguishing fire,  cooling the fuel
with water to a point where it does not produce sufficient vapor to burn.

Vapor Density - the density of a particular gas or vapor relative
to that of hydrogen at the same pressure and temperature.



Definition of Terms Under RA 9514

Abatement - Any act that would remove or neutralize a fire hazard.

Administrator - Any person who acts as agent of the owner and ma nages
the use of a building for him.

Blasting Agent - Any material or mixture consisting of a fuel and
oxidizer used to set off explosives.

Cellulose Nitrate or Nitro Cellulose - A highly combustible and
explosive compound produced by the reaction of nitric acid with a
cellulose material.

Cellulose Nitrate Plastic (Pyroxylin) - Any plastic substance,
materials or compound having cellulose nitrate (nitro cellulose)
as base.

Combustible, Flammable or Inflammable - Descriptive of materials
that are easily set on fire.

Combustible Fiber - Any readily ignitable and free burning fiber such
as cotton, oakum, rags, waste cloth, waste paper, kapok, hay, straw,
Spanish moss, excelsior and other similar materials commonly
used in commerce.

Combustible Liquid - Any liquid having a flash point at or above 37.8
 C (100 F).

Corrosive Liquid - Any liquid which causes fire when in contact with
organic matter or with certain chemicals.

Curtain Board - A vertical panel of non-combustible or fire resistive
materials attached to and extending below the bottom chord of the roof
trusses, to divide the underside of the roof into separate compartments
so that heat and smoke will be directed upwards to a roof vent.

Cryogenic - Descriptive of any material which by its nature or as a
result of its reaction with other elements produces a rapid drop
in temperature of the immediate surroundings.

Damper - A normally open device installed inside an air duct system
which automatically closes to restrict the passage of smoke or fire.

Distillation - The process of first raising the temperature in separate
the more volatile from the less volatile parts and then cooling and
condensing the resulting vapor so as to produce a nearly purified
substance.

Duct System - A continuous passageway for the transmission of air.

Dust - A finely powdered substance which, when mixed with air in the
proper proportion and ignited will cause an explosion.

Electrical Arc - An extremely hot luminous bridge formed by passage
of an electric current across a space between two conductors or
terminals due to the incandescence of the conducting vapor.

Ember - A hot piece or lump that remains after a material has
partially burned, and is still oxidizing without the manifestation of flames.

Finishes - Materials used as final coating of a surface for ornamental
or protective purposes.

Fire - The active principle of burning, characterized by the heat
and light of combustion.

Fire Trap - A building unsafe in case of fire because it will burn
easily or because it lacks adequate exits or fire escapes.

Fire Alarm - Any visual or audible signal produced by a device or
system to warm the occupants of the building or fire fighting
elements of the presence or danger of fire to enable them to
undertake immediate action to save life and property and to suppress
the fire.

Fire Door - A fire resistive door prescribed for openings in fire
separation walls or partitions.

Fire Hazard - Any condition or act which increases or may cause an
increase in the probability of the occurrence of fire, or which
may obstruct, delay, hinder or interfere with fire fighting operations
and the safeguarding of life and property.

Fire Lane - The portion of a roadway or public way that should be kept
opened and unobstructed at all times for the expedient operation of
fire fighting units.

Fire Protective and Fire Safety Device - Any device intended for the
protection of buildings or persons to include but not limited to
built-in protection system such as sprinklers and other automatic
extinguishing system, detectors for heat, smoke and combustion
products and other warning system components, personal protective
equipment such as fire blankets, helmets, fire suits, gloves and other
garments that may be put on or worn by persons to protect themselves
during fire.

Fire Safety Constructions - Refers to design and installation of walls,
barriers, doors, windows, vents, means of egress, etc. integral to and
incorporated into a building or structure in order to minimize danger
to life from fire, smoke, fumes or panic before the building is
evacuated. These features are also designed to achieve, among others,
safe and rapid evacuation of people through means of egress sealed
from smoke or fire, the confinement of fire or smoke in the room or
floor of origin and de lay their spread to other parts of the building
by means of smoke sealed and fire resistant doors, walls and floors.
It shall also me an to include the treatment of buildings components
or contents with flame retardant chemicals.

Flash Point - The minimum temperature at which any material gives off
vapor in sufficient concentration to form an ignitable mixture with air.

Forcing - A process where a piece of metal is heated prior to changing
its shape or dimensions.

Fulminate - A kind of stable explosive compound which explodes by
percussion.

Hazardous Operation/Process - Any act of manufacturing, fabrication,
conversion, etc., that uses or produces materials which are likely
to cause fires or explosion.

Horizontal Exit - Passageway from one building to another or through
or around a wall in approximately the same floor level.

Hose Box - A box or cabinet where fire hoses, valves and other equipment
are stored and arranged for fire fighting.

Hose Reel - A cylindrical device turning on an axis around which a
fire hose is wound and connected.

Hypergolic Fuel - A rocket or liquid propellant which consist of
combinations of fuels and oxidizers which ignite spontaneously on
contact with each other.

Industrial Baking and Drying - The industrial process of subjecting
materials to heat for the purpose of removing solvents or moisture
from the same, and/or to fuse certain chemical salts to form a
uniform glazing the surface of materials being treated.

Jumper - A piece of metal or an electrical conductor used to bypass a
safety device in an electrical system.

Occupancy - The purpose for which a building or portion thereof is
used or intended to be used.

Occupant - Any person actually occupying and using a building or
portions thereof by virtue of a lease contract with the owner or
administrator or by permission or sufferance of the latter.

Organic Peroxide - A strong oxidizing organic compound which
releases oxygen readily. It causes fire when in contact with
combustible materials especially under conditions of high temperature.

Overloading - The use of one or more electrical appliances or devices
which draw or consume electrical current beyond the designed capacity
of the existing electrical system.

Owner - The person who holds the legal right of possession or title
to a building or real property.

Oxidizing Material - A material that readily yields oxygen in
quantities sufficient to stimulate or support combustion.

Pressurized Or Forced Draft Burning Equipment - Type or burner where
the fuel is subjected to pressure prior to discharge into the
combustion chamber and/or which includes fans or other provisions for
the introduction of air at above normal atmosphere pressure into the
same combustion chamber.

Public Assembly Building - Any building or structure where fifty (50)
or more people congregate, gather, or assemble for any purpose.

Public Way - Any street, alley or other strip of land unobstructed
from the ground to the sky, deeded, dedicated or otherwise permanently
appropriated for public use.

Pyrophoric - Descriptive of any substance that ignites spontaneously
when exposed to air.

Refining - A process where impurities and/or deleterious materials are
removed from a mixture in order to produce a pure element of compound.
It shall also refer to partial distillation and electrolysis.

Self-Closing Doors - Automatic closing doors that are designed to
confine smoke and heat and delay the spread of fire.

Smelting - Melting or fusing of metallic ores or compounds so as to
separate impurities from pure metals.

Sprinkler System - An integrated network of hydraulically designed
piping installed in a building, structure or area with outlets
arranged in a systematic pattern which automatically discharges water
when activated by heat or combustion products from a fire.

Standpipe System - A system of vertical pipes in a building to which
fire hoses can be attached on each floor, including a system by which
water is made available to the outlets as needed.

Vestibule - A passage hall or antechamber between the outer doors
and the interior parts of a house or building.

Vertical Shaft - An enclosed vertical space of passage that extends
from floor to floor, as well as from the base to the top of the
building.

Special Penal Laws

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special penal laws
Special Penal Laws

Special Penal Laws



BP 22 - Anti-Bouncing Checks Law - The gravamen of BP 22 is the issuance of a check.

Commonwealth Act No.142 (Regulating the Use of Aliases) - No person shall use any name different from the one with which he was registered at birth in the office of the local civil registry, or
with which he was registered in the bureau of immigration upon entry; or such substitute name as may have been authorized by a competent court.

Gambling - any game of chance or scheme, whether upon chance or skill, wherein wagers consisting of money, articles or value or representative or value are at stake or made.

 Betting - betting money or any object or article of value or representative of value upon the result of any game, races and other sport contests.

Game-Fixing - any arrangement, combinations, scheme or agreement by which the result of any game, races or sport contests shall be predicated and/or known other than on the basis of the honest playing skill or ability of the players or participants.

Game Machination - any other fraudulent, deceitful, unfair or dishonest means, methods, manner or practice employed for the purpose of influencing the result of any game, races or sports contest.

Point-Shaving -  any such arrangement, combination, scheme or agreement by which the skill of ability of any player or participant in a game, races or sports contests to make points or scores shall be limited deliberately in order to influence the result thereof in favor one or the other team, player or participant therein.

Presidential Decree NO. 46 - Prohibits giving and acceptance of gifts by a public officer or to a public officer, even during anniversary, or when there is an occasion like Christmas, New Year, or any gift-giving anniversary. Both giver and receiver are punished. The giving of a party is also punishable and is not limited to the public officer only but also to any member of his family.

Presidential Decree No. 449 (The Cockfighting Law of 1974) - Only allows one cockpit per municipality, unless the population exceeds 100,000 in which case two cockpits may be established; Cockfights can only be held in licensed cockpits on Sundays and legal holidays and local fiestas for not more than three days;

PD No.532 - (The Anti - Piracy and Anti-Highway Robbery Law of 1974)
Was issued in August 1974, punishing piracy, but not mutiny, in Philippine territorial waters.

PD 533 Anti-Cattle Rustling Law - Cattle rustling - taking away by means,methods or schemes, without the consent of the owner/raiser, of any large cattle whether or not for profit, or whether committed with or without violence against or intimidation of person or force upon things. It includes killing of large cattle, taking its meat or hide without the consent of owner/raiser.

PD 704 Illegal Fishing

Presidential Decree NO.749 - Givers of bribes and other gifts as well as accomplices in bribery and violations of the Anti-graft and Corrupt Practices Act are immune from prosecution under the following circumstances:
a. information refers to consummated violations
b. necessity of the information or testimony
c. the information and testimony are not yet in the possession of the State
d. information and testimony can be corroborated on its material points.
e. informant has been previously convicted of a crime involving moral turpitude

PD 1069 - (The Philippine Extradition Law)

PD 1563 Mendicancy Law Of 1978 - A mendicant refers to any person who has no visible and legal means of support, or lawful employment and who is physically able to work but neglects to apply himself to some lawful calling and instead uses begging as a means of living.

PD 1612: Anti-Fencing Law
Fencing -  the act of any person who, with intent to gain for himself or for another, shall buy, receive, keep, acquire, conceal, sell, or dispose of, or shall buy and sell or in any other manner deal in any article, item, object, or anything of value which he knows, or should be known to him, to have been derived from the proceeds of the crime of robbery or theft.

PD 1613 - Destructive Arson

RA 75 - also punishes using the use of uniform, decoration or regalia of a foreign state by people not entitled to do so.

RA 493 - punishes wearing an insignia, badge, or emblem of rank of the members of the AFP or constabulary.

RA 947 - punishes entering or occupying public agricultural land including lands granted to private individuals.

RA NO. 3019 (Anti-Graft And Corrupt Practices Act) - Persons Liable:
1.Any public officer who, by himself or in connivance with members of his family, relatives by affinity or consanguinity, business associates and subordinates or other persons, amasses, accumulates, or acquires ill-gotten wealth through a combination or series of overt or criminal acts as described under (I) in the aggregate amount or total value of at least 50 million pesos, shall be guilty of the crime of plunder (as amended by RA 7659).
2.Any person who participated with the said public officer in the commission of plunder.

RA NO. 1379 (Forfeiture Of Ill-Gotten Wealth) - If the public officer is found to have amassed wealth out of proportion to his legitimate income, the said wealth will be forfeited in favor of the government.

RA 4200 - (Anti-Wiretapping Law) It shall be unlawful for any person, not being authorized by all the parties to any private communication or spoken word, to tap any wire or cable, or by using any other device or arrangement, to secretly overhear, intercept, or record such communication or spoken word by using a device commonly known as a dictaphone or dictagraph or dictaphone or walkie-talkie or tape recorder, or however otherwise described.

Republic Act No. 6235 (The Anti Hi-jacking Law) - is another kind of piracy which is committed in an aircraft. In other countries, this crime is known as aircraft piracy.

RA 6713: Code Of Conduct And Ethical Standards For Public Officials And Employees

      Conflict of interest -  arises when a public official or employee
      is a member of a board, an officer, or a substantial stockholder
      of a private corporation or owner or has a substantial interest
      in a business, and the interest of such corporation or business,
      or his rights or duties therein, may be opposed to or affected by
      the faithful performance of official duty.

      Divestment - is the transfer of title or disposal of interest in
      property by voluntarily, completely and actually depriving or
      dispossessing oneself of his right or title to it in favor of a
      person or persons other than his spouse and relatives as defined
      in this Act.

RA NO. 7080 (Anti-plunder Act) 

RA 7438 - Rights Of Persons Arrested, Detained, Or Under Custodial  Investigation; Duties Of Public Officers.
1. Be informed, in a language known to and understood by him, of his rights to remain silent and to have competent and independent counsel.
2. Be assisted by counsel at all times. Preferably of his own choice.
3. Be visited by or have conferences with Any member of his immediate family.

Republic Act No. 7610 Special Protection Of Children Against Child Abuse,  Exploitation And Discrimination Act.

Republic Act No. 7659 - An Act To Impose The Death Penalty On Certain Heinous Crimes, Amending For That Purpose The Revised Penal Code, As Amended,   Other Special Penal Laws, And For Other Purposes)

RA 7877 - Anti-Sexual Harassment Act Of 1995

Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002)
 What are the unlawful acts defined and punished?
      - Importation of Dangerous Drugs and/or Controlled Precursors and
        Essential Chemical (Section 4)
      - Sale, Trading, Administration, Dispensation, Delivery,
        Distribution and Transportation of Dangerous Drugs and/or
        Controlled Precursors and Essential Chemicals (Section 5)
      - Maintenance of a Den, Dive or Resort. (Section 6)
      - Employees and Visitors of a Den, Dive or Resort (Section 7)
      - Manufacture of Dangerous Drugs and/or Controlled Precursors and
        Essential Chemicals (Section 8)
      - Illegal Chemical Diversion of Controlled Precursors and
        Essential Chemicals. (Section 9)
      - Manufacture or Delivery of Equipment, Instrument, Apparatus,
        and Other Paraphernalia for Dangerous Drugs and/or Controlled
        Precursors and Essential Chemicals. (Section 10)
      - Possession of Dangerous Drugs (Section 11)
      - Possession of Equipment, Instrument, Apparatus and Other
        Paraphernalia for Dangerous Drugs (Section 12)
      - Possession of Dangerous Drugs During Parties, Social Gatherings
        or Meetings (Section 13)
      - Possession of Equipment, Instrument, Apparatus and Other
        Paraphernalia for Dangerous Drugs During Parties, Social
        Gatherings or Meetings (Section 14)
      - Use of Dangerous Drugs (Section 15)
      - Cultivation or Culture of Plants Classified as Dangerous Drugs
        or are Sources Thereof. (Section 16)
      - Maintenance and Keeping of Original Records of Transactions
        on Dangerous Drugs and/or Controlled Precursors and Essential
        Chemicals (Section 17)
      - Unnecessary Prescription of Dangerous Drugs (Section 18)
      - Unlawful Prescription of Dangerous Drugs (Section 19)

PDEA - is the Philippine Drug Enforcement Agency It serves as the implementing arm of the Dangerous Drugs Board.

Republic Act No. 8049 The Anti-Hazing Law

Hazing - This is any initiation rite or practice which is a prerequisite for admission into membership in a fraternity or sorority or any organization which places the neophyte or applicant in some embarrassing or humiliating situations or otherwise subjecting him to physical or psychological suffering of injury. These do not include any physical, mental, psychological testing and training procedure and practice to determine and enhance the physical and psychological fitness of the prospective regular members of the below.

RA 8353 - An Act Expanding The Definition Of The Crime Of Rape, Reclassifying The Same As A Crime Against Persons.

RA 9208 -  Anti-Trafficking Of Persons Act Of 2003

RA 9231 -  Anti-Child Labor Act Of 2003

RA 10591 - Comprehensive Firearms and Ammunition Regulation Act































Rights Of The Accused At The Trial

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RULE 115 

The rule enumerates the rights of a person accused of an offense,
which are both constitutional as well as statutory, save the right
to appeal which is purely statutory in character.

DUE PROCESS
1. Substantive – considers the intrinsic validity of the law
2. Procedural – based on the principle that a court hears before it
   condemns. Requirement of notice and hearing.

Section 1. Rights of accused at trial

A. To Be Presumed Innocent
      - In all criminal prosecutions, the accused is presumed innocent
        until the contrary is proved beyond reasonable doubt.

      - The conviction should be based on the strength of the prosecution
        and not on the weakness of the defense, an accusation is not
        synonymous with guilt.

        REASONABLE DOUBT
           - It is the doubt engendered by an investigation of the
             whole proof and inability, after such investigation, to
             let the mind rest easy upon the certainty of guilt.
             Absolute certainty of guilt is not demanded by the law
             to convict of any criminal charge but moral certainty
             is required as to every proposition of proof requisite
             to constitute the offense.

        REASON: the slightest possibility of an innocent man being
        convicted for an offense he has not committed for an offense
        he has not committed would be far more dreaded than letting
        a guilty person go unpunished or for a crime he may have
        perpetrated.

        EQUIPOSE RULE
           - where the evidence of the parties in a criminal case are
             evenly balanced, the constitutional presumption of
             innocence should tilt in favor of the accused who
             must be acquitted.

        Exceptions To The Presumption Of Innocence
        People v. Mingoa, 92 Phil 856 (1953)
           - The legislature may enact that when certain facts have
             been proved, they shall be prima facie evidence of the
             existence of guilt of the accused and shift the burden
             of proof provided there be a rational connection between
             the facts proved and the ultimate fact presumed so that
             the inference of the one from proof of the other is not
             unreasonable and arbitrary experience.

        In cases of self defense, the person who invokes self defense
        is presumed guilty. In this case a REVERSE TRIAL will be held.

B. To Be Informed Of The Nature And The Cause Of The Accusation
   Against Him

   The right requires that the information should state the facts and
   the circumstances constituting the crime charged in such a way that
   a person of common understanding may easily comprehend and be
   informed of what it is about.

   People v. Ortega, 276 SCRA 166 (2003)
      - An accused may not be convicted of an offense unless it is
        clearly charged in the complaint or information. To convict
        him of an offense other than that charged in the complaint or
        information would be a violation of this constitutional right.

   When a person is charged in a complaint with a crime and the evidence
   does not show that he is guilty thereof, but does show that he is
   guilty of some other crime or a lesser offense, the court may sentence
   him for the lesser offense, PROVIDED that the lesser offense is a
   cognate offense and is included in the complaint filed in court.

   The qualifying or aggravating circumstances must be ALLEGED and
   PROVED in order to be considered by the court.

C. To Be Present And Defend In Person And By Counsel At Every Stage Of
   The Proceeding

   Presence of the Accused is required:
   1. During arraignment (Sec. 1b, Rule 116)
   2. Promulgation of judgment EXCEPT when the conviction is for a
      light offense, in which case, it may be pronounced in the
      presence of his counsel or representative.
   3. when ordered by the court for purposes of identification

   Not applicable in the SC and CA
      - The law securing to an accused person the right to be
        present at every stage at the proceedings has no application
        to the proceedings before the CA and the SC nor to the entry
        and promulgation of the judgments. The defendant need not be
        present during the hearing of the appeal. (Sec. 9, Rule 124)

   Aquino, Jr. v. Military Commission, 63 SCRA 546 (1975)
      - The accused may waive his right to be present during the trial.
        However, his presence may be compelled when he is to be identified.

   Effects Of Waiver Of The Right To Appear By The Accused
   1. waiver of the right to present evidence
   2. prosecution can present evidence if the accused fails to appear
   3. the court can decide without the evidence of the accused

   Trial in Absencia
      - It is important to state that the provision of the Constitution
        authorizing the trial in absentia of the accused in case of his
        non-appearance AFTER ARRAIGNMENT despite due notice simply means
        that he thereby waives his right to meet the witnesses
        face to face, among others.

        Such waiver of a right of the accused does not mean a release
        of the accused from his obligation under bond to appear in court
        when so required. The accused may waive his right but not his
        duty or obligation to the court.

        REQUIREMENTS FOR TRIAL IN ABSENTIA
        1. accused has been arraigned
        2. he has been duly notified of the trial
        3. his failure to appear is unjustified

        Gimenez v. Nazareno, 160 SCRA 1 (1988)
           - an escapee who has been duly tried in absentia waives his
             right to present evidence on his own behalf and to confront
             and cross-examine witnesses that have testified against him.

D. Right To Counsel

   Importance: Without the aid of counsel, a person may be convicted,
   not because he is guilty but because he does not know how to
   establish his innocence.

   The right covers the period beginning from the custodial investigation,
   well into the rendition of the judgment and even on appeal.
   (People v. Serzo, Jr. 274 SCRA 553) the right to counsel can be invoked
   at any stage of the proceedings, even on appeal.

   CUSTODIAL INVESTIGATION
      - It is the questioning by law enforcement officers of a SUSPECT
        taken into custody or otherwise deprived of his freedom of
        action in a significant way. it includes the practice of issuing
        an “invitation” to a person who is investigated in connection
        with an offense he is suspected to have committed. (RA 7437)

   People v. Morial, 363 SCRA 96 (2001)
      - If during the investigation the assisting lawyer leaves, comes
        and goes, the statement signed by the accused is still
        inadmissible because the lawyer should assist his client from
        the time the confessant answers the first question asked by the
        investigating officer until the signing of the extrajudicial
        confession.

   The right to counsel and the right to remain silent do not cease even
   after a criminal complaint/information has already been filed
   against the accused AS LONG AS he is still in custody.

   The duty of the court to appoint a counsel de oficio when the
   accused has no legal counsel of choice and a desire to employ one is
   MANDATORY only at the time of ARRAIGNMENT (sec. 6, Rule 116)

   Difference Between The Right To Counsel During Custodial Investigation
   and During The Trial
   A. During trial – the right to counsel means EFFECTIVE counsel.
      Counsel is here not to prevent the accused from a confessing but to
      defend the accused.
   B. Custodial Investigation – stricter requirement, it requires the
      presence of competent and independent counsel who is preferably
      the choice of the accused. Since a custodial investigation is
      not done in public there is a danger that confessions can be
      exacted against the will of the accused.

   The right to counsel is NOT ABSOLUTE, it subject to being exercised
   within a reasonable time and manner (Laranaga v. CA, 281 SCRA 254)
   he cannot insist on one that he cannot afford, one who is not a
   member of the bar and one who declines for a valid reason such as
   conflict of interest. (People v. Servo, 274 SCRA 553)

   Waiver of Right to Counsel
      - This is when the accused voluntarily submits himself to the
        jurisdiction of the court and proceeds with his defense.

   Jurisprudence provides that the defendant cannot raise the question
   of his right to have an attorney the first time on appeal.

   The accused may defend himself in person only if the court is
   convinced that he can properly protect his rights even without the
   assistance of counsel.

   US v. Escalante, 36 Phil. 743 (1917)
      - If the question is not raised in the trial court, the
        prosecution may go to trial.

   People v. Nang Kay, 88 Phil. 515 (1951)
      - the question will not be considered in the appellate court for
        the first time when the accused fails to raise it in the
        lower court.

   Delgado v. CA, 145 SCRA 357 (1986)
      - The mistake of counsel will bind his client. The only exception
        is when the counsel represents himself as a lawyer and is not
        one because in that case the accused is denied of his right to
        counsel and due process.

E. To Testify As A Witness In His Own Behalf

   People v. Santiago, 46 Phil 734 (1922)
      - A denial of the defendant’s right to testify on his own behalf
        would constitute an unjustifiable violation of his
        constitutional right.

   If the accused testifies, he may be cross-examined ONLY on matters
   covered by his direct examination, unlike an ordinary witness who
   can be cross-examined as to any matter stated in the direct
   examination or connected therewith (Section 6, Rule 132). His failure
   to testify will not be taken against him but his failure to present
   evidence in his behalf shall be taken against him (US v. Bay, 97 SCRA 495).

   The testimony of an accused who testifies on his own behalf but
   refuses to be cross examined will not be  given weight and will
   have no probative value  because the prosecution will not be able
   to test its credibility.

F. Right Against Self-Incrimination 

   The scope of this right covers only testimonial compulsion only and
   not the compulsion to produce real and physical evidence using the
   body of the accused.

   DNA TESTING is not covered in the right against self-incrimination

   Rationale For Protecting The Right Against Self Incrimination:
   1. humanitarian reasons, to prevent the state from using its
      coercive powers.
   2. practical reasons - the accused is more likely to commit perjury.

   The accused in protected under this rule from questions that tend
   to incriminate him, which means those that may subject him to
   penal liability.

   The right may be waived by the failure of the accused to invoke the
   privilege at the proper time, that is AFTER the incriminating
   question is asked and BEFORE his answer.

   The privilege of the accused to be exempt from testifying as a
   witness, involves a prohibition against testimonial compulsion
   only and the production by the accused of incriminating documents
   and articles demanded off him. (US v. Tan Teng, 23 Phil, 145)

   EXCEPTIONS: immunity statutes such as:
   1. RA 1379 (Forfeiture of illegally obtained wealth)
   2. RA 749 – Bribery and Graft cases

   Right Of The Accused Vs. Right Of An Ordinary Witness
      - The ordinary witness may be compelled to take the witness
        stand and claim the privilege as each and every incriminating
        question is thrown at him while an accused may refuse to take
        the witness stand and refuse to answer any and all questions.
        The accused may also refuse to answer on his past criminality
        only if he can still be prosecuted for it.

   However, if the accused testifies in his own behalf, then he may
   be cross-examined as any other witness. He may NOT on cross
   examination refuse to answer any question on the ground that the
   answer he will give or the evidence that he will produce would have
   the tendency to incriminate him for the crime that he was charged.
   But he MAY refuse to answer any question incriminating him for an
   offense distinct from that for which he is charged.

   Rights Of The Accused In The Matter Of Testifying Of Producing Evidence
 
   Before the case:
   1. Right to be informed
   2. Right to remain silent and to counsel
   3. Right not to be subjected to force or violence or any other means
      which vitiate free will
   4. Right to have the evidence obtained in violation of these rights
      rejected

   After the case is filed in court:
   1. Right to refuse to be a witness
   2. Right to not have any prejudice whatsoever result to him by
      such refusal
   3. The right to testify on his own behalf subject to cross-examination
      by the prosecution
   4. While testifying the right to refuse a specific question which
      ends to incriminate him for some other crime.

   Use Immunity
      - Witness’ compelled testimony and the fruits thereof cannot be
        used in subsequent prosecution of a crime against him

      - Witness can still be prosecuted but the compelled testimony
        cannot be used against him.

   Transactional Immunity
      - Witness immune from prosecution of a crime to which his compelled
        testimony relates.

      - Witness cannot be prosecuted at all

   Effect of Refusal of Accused to Testify
   General Rule:
      - Silence should not prejudice the accused.

        EXCEPTION: Unfavorable inference is drawn when:
        1. the prosecution has already established a prima facie case,
           the accused must present proof to overturn the evidence
        2. the defense of the accused is an alibi and he does not testify,
           the interference is that the alibi is not believable.

G. Right To Confront And Cross Examine Witnesses Against Him At Trial 
   (Right Of Confrontation)

   CONFRONTATION
      - It is the act of setting a witness face to face with the
        accused so that the latter may make any objection he has to
        the witness, and the witness may identify the accused, and
        this must take place in the presence of the court having
        jurisdiction to permit the privilege of cross examination.

   The main purpose of this right to confrontation is to secure the
   opportunity of cross examination and the second purpose is to enable
   the judge to observe the demeanor of the witness.

   By way of exception to this rule, it is provided that the court may
   utilize as part of its evidence the testimony of a witness who is
   deceased, out of or with due diligence cannot be found in the
   Philippines, unavailable or otherwise unable to testify, given in
   another proceeding, judicial or administrative, involving the same
   parties and subject matter, the adverse party having had the
   opportunity to cross-examine him. (Rule 130, Sec 47)

   In any criminal proceeding, the defendant enjoys the right to have
   compulsory process to secure the attendance of witnesses and the
   production of evidence on his behalf.

   WAIVER OF RIGHT TO CONFRONTATION
   a. May be done expressly or impliedly.
   b. It is implied when the accused waives his right to be present at
      trial or when he was given the opportunity but fails to take
      advantage of it.

H. Right To Compulsory Process

   This is the right of the accused to have a subpoena and/or a
   subpoena duces tecum issued in his behalf in order to compel the
   attendance of witnesses and the production of other evidence.

   If a witness refuses to testify when required is in contempt of court.
   The court may order a witness to give bail or to be arrested.

I. Right To A Speedy, Impartial Public Trial

   The right to a speedy trial is intended to avoid oppression and to
   prevent delay by imposing on the courts and on the prosecution
   an obligation to proceed with reasonable dispatch.

   Facts Considered To Determine If Right To Speedy Trial Has Been Violated
   1. length of the delay
   2. reason for the delay
   3. the accused’s assertion or non assertion of the right
   4. prejudice to the accused resulting from the delay.

   Rules on Speedy Trial
      - The limitation of this right is that the State must not
        be deprived of its day in court and the right of the State and
        the prosecution of due process must be respected.

   There is NO violation of the right where the delay is imputable
   to the accused. (Solis v. Agloro, 64 SCRA 370)

   The right to a speedy trial is violated when there are UNJUSTIFIED
   postponements (People v. Declaro, 170 SCRA 143)

   REMEDIES AVAILABLE TO THE ACCUSED WHEN HIS RIGHT
   TO A SPEEDY TRIAL IS VIOLATED
   1. He should ask for the trial of the case, not the dismissal.
   2. Unreasonable delay of the trial of a criminal case as to make
      the detention of the defendant illegal gives ground for habeas
      corpus as a remedy for obtaining release as to avoid detention
      for a reasonable period of time.
   3. Accused would be entitled to relief in a mandamus proceeding to
      compel the dismissal of the information.
   4. ask for the trial of the case and then move to dismiss
     (Gandicela v. Lutero, 88 Phil. 790)

   Impartial Trial
      - Due process requires a hearing before an impartial and
        disinterested tribunal and that every litigant is entitled to
        nothing less that the cold neutrality of an impartial judge.
        (Mateo, Jr. v. VIllaluz, 50 SCRA 180)
        “Like Caesar’s wife, a judge must not be only pure but beyond
        suspicion.” (Palang v. Zosa, 58 SCRA 776)

   Public Trial
      - One held open or publicly; anyone interested in observing the
        way the judge conducts his proceedings in a courtroom may do
        so (Garcia v. Domingo, 52 SCRA 143) it is sufficient that
        relatives and friends who want to watch the proceedings are
        given the opportunity to witness the proceedings. It is done
        in public to prevent abuses that may be committed by the court
        and the accused is entitled to moral support from his friends
        and relatives. If it is done in the judges chambers, it is
        still valid because the public is not excluded.
        (Garcia v. Domingo, 52 SCRA 143)

   EXCLUSION OF THE PUBLIC IS VALID WHEN:
   1. evidence to be produced is offensive to decency or public morals
   2. upon motion of the accused (Section 21, Rule 119)

   Rule on Trial by Publicity
      - The right of the accused to a fair trial is NOT incompatible
        to free press. Pervasive publicity is no per se as prejudicial
        to the right to a fair trial. To warrant the finding of
        prejudicial publicity, there must be allegations and proof
        that judges have been unduly influenced, not simply that they
        might be due to the barrage of publicity. (People v. Teehankee,
        249 SCRA 54)

J. Right To Appeal On All Cases Allowed By Law And In The Manner 
   Prescribed By Law

   The right to appeal from a judgment of the conviction is
   fundamentally of statutory origin. It is not a matter of absolute
   right that is independent of constitutional or statutory provisions
   allowing such appeal.

   Waiver of Right to Appeal
      - The right to appeal is personal to the accused and it may be
        waved either expressly or by implication. HOWEVER, where the
        death penalty is imposed, such right cannot be waived as the
        review of the judgment by the SUPREME COURT is automatic and
        mandatory (A.M. No. 00-5-03 SC)

   Ozaeta v. CA, 179 SCRA 800 (1989)
      - Anyone who seeks to exercise the right to appeal must comply
        with the requirements of the rules. Otherwise the right to
        appeal is lost.

   People v. Ang Gioc, 74 Phil. 366 (1941)
      - When the accused flees, after the case has bee submitted to
        court for decision, he will be deemed to have waived his right
        to appeal from the judgment rendered against him.

        NOTE: such may no be reviewed by the CA.

   THE SPEEDY TRIAL ACT OF 1998 (RA 8493)

   DUTY OF THE COURT AFTER THE ARRAIGNMENT OF THE ACCUSED
      - The court SHALL order a pre-trial conference to
        consider the following:
        1. plea bargaining
        2. stipulation of facts
        3. marking and identification of evidence
        4. waiver of objections to admissibility of evidence
        5. such other matters as will promote a fair and
           expeditious trial

   Time Limit for Trial in Criminal Cases Shall not exceed 180 days
   from the first day of trial, however the rule is not absolute.
   The EXCEPTIONS:
   1. those governed by the Rules on Summary Procedure
   2. where the penalty prescribed by law does NOT exceed 6 months
      imprisonment or a fine of P1,000 or both
   3. those authorized by the Chief Justice of the SC

   Period of Arraignment of Accused
      - Within 30 days from the filing of the information, or from the
        date the accused appealed before the justice/judge/court in
        which the charge is pending, whichever date last occurs.

   When Shall Trial Commence After Arraignment
      - Within 30 days from arraignment, HOWEVER, it may be extended
        BUT only:
        1. for the 180 days for the first 12 calendar month period
           from the effectivity of the law
        2. 120 days for the second 12 month period
        3. 80 days for the third 12 month period




















































































Nursing Board Exam Result

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nursing board exam result
Philippine Board Of Nursing




May 2014 Nurse Licensure Examination Result






The Nursing Board Exam Result May 2014 has been released.

Click here for the list of successful examinees.

UST (University of Santo Tomas) Top this years Nursing Licensure
examination. Margaret Benosa Sanchez of the University Of Santo Tomas
is the First Placer with a rating of 86%.

The Top Performing Nursing School who garnered a 100% passing
percentage are the following:
     
      West Visayas State University - La Paz 139 examinees
      Cebu Normal University (Cebu State College) 78 Examinees
      Silliman University - 53 Examinees

22 of the Top Ten Came from UST. UST also Took the 1st, 2nd, 3rd and
4th place.

487 Nursing Schools participated in the Nursing Licensure Examination.

Out of 29,188 who took the exam, Only 11,225 passed.

52 Nursing Schools produced 0% passing percentage.

The Nurse Licensure Examination was given by the Board of Nursing in
the cities of Manila, Bacolod, Baguio, Cabanatuan, Cagayan de Oro, Cebu,
Dagupan, Davao, Iloilo, Laoag, Legazpi, Lucena, Pagadian, Pampanga,
Tuguegarao and Zamboanga last May 2014.

The PRC announced that the Registration for the issuance of Professional
Identification Card (ID) and Certificate of Registration will be
announced later. 

No Bail After Final Judgment; Exception

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Section 22. Cancellation of bail

Bail is cancelled:
1. Upon application of the bondsmen with due notice to the prosecutor,
   upon surrender of the accused or proof of his death;
2. Upon acquittal of the accused;
3. Upon dismissal of the case; or
4. Execution of judgment of conviction.

   Without prejudice to any liability on the bail.



Section 23. Arrest of accused out on bail

The bondsmen who put the bail bond for the accused become the jailers
and they or the police officer to whom authority is endorsed may arrest
the accused for the purpose of surrendering him to the court. The
accused cannot leave the country without the permission of the bondsmen
and the court.

How Sureties May Be Relieved From Responsibility over The Accused:
1. Arrest the principal and deliver him to the proper authorities.
2. They may cause the arrest of the accused to be made by any police
   officer or other person of suitable age or discretion.
3. By endorsing the authority to arrest upon a certified copy of the
   undertaking and delivering it to such officer or person.

An accused released on bail may be re-arrested without the necessity
of a warrant if he attempts to depart from the Philippines without
permission of the court where the case is pending.

Hold Departure Orders
   - Supreme Court Circular No. 39-97 dated June 19, 1997 limits the
     authority to issue hold departure orders to the RTCs in criminal
     cases within their exclusive jurisdiction. Consequently, MTC
     judges have no authority to issue hold-departure orders,
     following the maxim, express mention implies the exclusion.
     Neither does he have authority to cancel one which he issued.



Section 24. No bail after final judgment; exception

General Rule
   - No bail shall be allowed after the judgment has become final,
     as what is left is for him to serve the sentence.

     Exception
        - When he has applied for probation before commencing to
          serve sentence, the penalty and the offense being within
          the purview of the Probation Law. The application for
          probation must be filed within the period of perfecting an
          appeal. Such filing operates as a waiver of the right to
          appeal.

          Exception To The Exception
             - The accused  shall not be allowed to be released on
               bail after he  has commenced to serve his sentence.



Section 26. Bail is not a bar to objections on illegal arrest, lack 
of or irregular preliminary investigation

An Application For Admission To Bail Shall Not  Bar The Accused From:
1. Challenging the validity of his arrest; or
2. The legality of the warrant issued therefore; or
3. From assailing the regularity or questioning the absence of a
   preliminary investigation of the charge against him.

   Provided that the accused raises them before entering his plea.

   The court shall observe the matter as early as practicable, but not
   later than the start of the trial of the case.












Forfeiture Of Bail

/ No Comments


Section 18. Notice of application to prosecutor

Court to give reasonable notice of the hearing to the prosecutor or

require him to submit his recommendation.



Section 19. Release on bail

Upon approval of the bail by the judge, the accused must be discharged.

An officer who fails or refuses to release him from detention
notwithstanding the approval by the proper court of his bail bond may
be held liable under Art. 126 if the Revised Penal Code for delaying
release.



Section 20. Increase or reduction of bail

The Court may, upon good cause, either increase or reduce the amount
of the bail.

If the accused does not give the increased amount of bail within a
reasonable time will be committed to custody.

NOTE: Where the offense is bailable, the mere probability that the
accused will escape or if he had previously escaped while under
detention does not deprive him of his right to bail. The remedy is
to increase the amount of bail, provided the amount is not excessive.
(Sy Guan v. Amparo, 79 Phil 670)



Section 21. Forfeiture of bail

1. When bail bond forfeited:
      - only in instances where the presence of the accused is
        specifically required by the court or the Rules of Court and,
        despite due notice to the bondsmen to produce him before the
        court on a given date, the accused fails to appear in person
        as so required.

2. To justify exemption from liability on a bail bond or reduction
   thereof, two requisites must be satisfied:
      - production or surrender of the person of the accused within
        30 days from notice of the order of the court to produce the
        body of the accused or giving reasons for its non-production.
      - satisfactory explanations for the non- appearance of the
        accused when first required by the trial court to appear.
           - Compliance with the first requisite without meeting the
             second requisite will not justify non-forfeiture of a
             bail bond or reduction of liability.
      - Failure to PRODUCE the body of the principal or give a reason
        for his non-production and EXPLAIN why the accused did not
        appear before the court when first required to do so, the
        court shall render a judgment against the bondsmen, jointly
        and severally for the amount of the bail.
      - The period of 30 days cannot be shortened by the court but
        may be extended for good cause shown.

Order of Forfeiture vs. Order of Confiscation

Order of Forfeiture - Conditional and interlocutory. It is not appealable.

Order of Confiscation - Not independent of the order of forfeiture.
It is a judgment ultimately determining the liability of the surety
thereunder and therefore final. Execution may issue at once.








Bail, Where Filed

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Section 16. Bail, when not required; reduced bail or recognizance

Bail is not required when the law or rules provide:
1. Offense charged is violation of an ordinance, light felony or
   criminal offense the imposable penalty does not exceed 6 months of
   imprisonment and/or fine of P2,000 under RA 6036.

2. Where the accused applied for probation and before the same has
   been resolved but no bail was filed or the accused is incapable
   of filing one, in which case he may be released on his own
   recognizance.

3. In case of a youthful offender held for physical or mental
   examination, trial or appeal, if unable to furnish bail and under
   the circumstances provided by P.D. 603, as amended.

4. A person who has been in custody for a period equal to or more
   than the possible maximum imprisonment prescribed for the offense
   charged, without prejudice to the continuation of the trial or
   the proceedings on appeal.

5. A person accused of an offense with a maximum penalty of destierro
   shall be released after 30 days of preventive imprisonment.

Reduced Bail
   - A person in custody for a period to or more than the minimum of
     the principal penalty prescribed for the offense charged, without
     application of the Indeterminate Sentence Law or any modifying
     circumstance, shall be released on a reduced bail or on his own
     recognizance at the discretion of the court.



Section 17. Bail, where filed

Where Bail is Filed:
1. May be filed with the court where the case is pending; or

2. In the absence or unavailability of the judge thereof, with the
   regional trial judge or any inferior court judge in the province,
   city or municipality;

3. If the accused was arrested in a province, city or municipality
   other than the case is pending, bail may be filed with the RTC
   of the said place or if no judge is available, with any inferior
   court judge therein;

4. Where bail is a matter of discretion or the accused seeks to be
   released on recognizance, it may only be filed in the court where
   the case is pending, whether on trial or appeal;

5. Any person not yet charged in court may apply for bail with any
   court in the province, city or municipality where he is held;

6. If the accused was convicted and the nature of the offense changed
   from non-bailable to bailable, the application can be made with and
   resolved by the appellate court.

A judge presiding in one branch has no power to grant bail to an
accused who is being tried in another branch presided by another
judge who is not absent or unavailable, and his act of releasing him
on bail constitutes ignorance of law which subjects him to
disciplinary sanction.




Recognizance

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Section 13. Justification of Sureties

BEFORE ACCEPTING A SURETY OR BAIL BOND,THE FOLLOWING
REQUISITES MUST BE COMPLIED WITH:
a. photographs of the accused;
b. affidavit of justification;
c. clearance from the Supreme Court;
d. certificate of compliance with Circular No. 66 dated September 19, 1996;
e. authority of the agent; and
f. current certificate of authority issued by the Insurance Commissioner
   with a financial statement showing the maximum underwriting
   capacity of the surety company.

NOTE: The purpose of requiring the affidavit of qualification by the
surety before the judge is to enable the latter to determine whether
or not the surety possesses the qualification to act as such,
especially his financial worth as required in the previous section.



Section 14. Deposit of cash as bail

The accused or any person acting on his behalf may deposit cash with
the nearest collector of internal revenue or provincial, city or
municipal treasurer the amount of bail fixed by the court or
recommended by the prosecutor who investigated or filed the case.

The trial judge has no authority to strictly require that only cash
bond, instead of a surety bond, be deposited for the provisional
release of the accused.



Section 15. Recognizance

RECOGNIZANCE
   - It is an obligation of record, entered into before some court
     or officer authorized to take it with a condition to do some
     particular act, the most usual condition in criminal cases being
     the appearance of the accused for trial.

     The release of the accused may be on his own recognizance, which
     means that he has become his own jailer. It may be to a
     responsible person. Persons charged with offenses falling under
     the Rule on Summary Procedure may be released either “on bail
     or on recognizance of a responsible citizen acceptable to the court.”



Espiritu v. Jovellanos, A.M. No. MTJ-97-1139 (1997)
THE FOLLOWING ARE CASES WHERE THE COURT MAY ORDER
THE RELEASE  ON RECOGNIZANCE OF ANY PERSON UNDER
DETENTION
a. when the offense charged is for violation of an ordinance, a light,
   or a criminal offense, the imposable penalty of which does not
   exceed 6 months imprisonment and/or P2000 fine, under the
   circumstances provided in RA No. 6036
b. where a person has been in custody for a period equal to or more
   than the minimum of the imposable principal penalty, without
   application of the Indeterminate Sentence Law or any modifying
   circumstance, in which case the court, in its discretion, may
   allow his release on his own recognizance
c. where the accused has applied for probation, pending resolution
   of the case but no bail was filed or the accused is incapable of
   filing one
d. in case of a youthful offender held for physical and mental
   examination, trial, or appeal, if he is unable to furnish bail
   and under circumstances envisaged in PD No. 603 as amended.




Criminal Law Book 2 Reviewer

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criminal law reviewer book 2
Criminal Law Book 2



Criminal Law Book 2 Reviewer
Definition of Terms






Abduction - the taking away of a woman from her house or the place
where she may be for the purpose of carrying her to another place
with the intent to marry or to corrupt her.

      Related: Full Reference Material in Criminal Law

      Forcible abduction - If a woman is transported from one place
      to another by virtue of restraining her of her liberty, and that
      act is coupled  with lewd designs.

      Serious illegal detention - If a woman is transported just to
      restrain her of her liberty. There is no lewd design or lewd intent.

      Grave coercion - If a woman is carried away just to break her
      will, to compel her to agree to the demand or request by the
      offender.

      Special complex crime of Kidnapping with Murder -  When the victim
      dies or is killed as a consequence of the detention.

Abortion By A Physician Or Midwife And Dispensing Of Abortives -
punishes a pharmacist who merely dispenses with an abortive without the proper
prescription of a physician. If pharmacist knew that the abortive would
be use for abortion, she would be liable as an accomplice in the crime
of abortion.

Acts Of Lasciviousness - Committed under circumstances w/c, had there
been carnal knowledge, would amount to rape. Offended party is a
female or male.

Adherence – intellectually or emotionally favors the enemy and harbors
sympathies or convictions disloyal to his country’s policy or interest.

Agent Of Person In Authority – any person who, by direct provision of
law or by election or by appointment by competent authority, is charged
with the maintenance of public order and the protection and security
of life and property.

Aid or Comfort – act w/c strengthens or tends to strengthen the enemy
of the government in the conduct of war against the government, or an
act w/c weakens or tends to weaken the power of the government or
the country to resist or to attack the enemies of the gov’t or country.

Alarms and Scandal - The essence of the crime is disturbance of public
tranquility and public peace. Any kind of disturbance of public order
where the circumstance at the time renders the act offensive to the
tranquility prevailing, the crime is committed.

Allegiance – obligation of fidelity and obedience which individuals
owe to the government under which they live or to the sovereign, in
return for protection they receive.

Certificate - any writing by which testimony is given that a fact has
or has not taken place.

Charivari - is a mock serenade or discordant noises made with kettles,
tin horns etc., designed to deride, insult or annoy.

Combination In Restraint Of Trade - is an agreement or understanding
between two or more persons in the form of a contract, trust, pool,
holding  company or other form of association, for the purpose of
unduly restricting competition, monopolizing trade and commerce in a
certain commodity, controlling its production, distribution and price,
or otherwise interfering with freedom of trade without statutory authority.
Combination in restraint of trade refers to the means while monopoly
refers to the end.

Conspiracy - when two or more persons come to an agreement to rise
publicly and take arms against government for any of the purposes of
rebellion and decide to commit it.

Coup d' Etat - Essence of the crime: Swift attack against the government,
its military camps an installations, etc. It maybe committed singly or
collectively. Committed through force, violation, intimidation, threat,
strategy or stealth.

Customs - refer to established usage, social conventions carried on by
tradition and enforced by social disapproval in case of violation.

Decency - means properly observing the requirements of modesty,
good taste.

Delay in the Delivery of Detained Persons - Crime is committed by
failing to deliver such person to the proper judicial authority within
a certain period. Detention is for some legal ground.

Dereliction of Duty - Committed only by public officers who have the
duty to institute prosecution for the punishment of violations of
the law. Public officer does not abandon his office but merely fails
to prosecute a violation of the law.

Direct Assault - The Public Authority or the Agent of the Public
Authority must be engaged in the performance of official duties or
that he is assaulted by reason thereof.

Direct Bribery - the officer agrees to  perform or refrain from doing
an act in  consideration of the gift or promise.

      Indirect Bribery - it is not necessary  that the officer do any
      act. It is  sufficient that he accepts the gift  offered by
      reason of his office.

Dissolute – lax, unrestrained, immoral (includes maintainer of house
of prostitution).

Document - any written statement by which a right is established or
an obligation is extinguished.

Duel - is a formal or regular combat previously consented to by two
parties in the presence of two or more seconds of lawful age on
each side, who make the selection of arms and fix all the other
conditions of the fight to settle some antecedent quarrel.
      If these are not the conditions of the fight, it is not a duel
      in the sense contemplated in the Revised Penal Code. It will
      be a quarrel and anyone who killed the other will be liable
      for homicide or murder, as the case may be.

Espionage - is the offense of gathering, transmitting, or losing
information respecting the national defense with intent or reason to
believe that the information is to be used to the injury of the Republic
of the Philippines or the advantage of a foreign nation.

Estafa With Abuse of Confidence - Crime is committed by misappropriating,
converting, or denying having received money, goods or other personal
property.

False Testimony - committed by a person who, being under oath and
required to testify as to the truth of a certain matter at a hearing
before a competent authority, shall deny the truth or say
something contrary to it.

Forgery - The essence of forgery is giving a document the appearance
of a true and genuine document. Not any alteration of a letter, number,
figure or design would amount to forgery. At most, it would only be
frustrated forgery.

Grave scandal - consists of acts which are offensive to decency and
good customs. They are committed publicly and thus, give rise to
public scandal to persons who have accidentally witnessed the acts.

Illegal Detention - Committed by a Committed by private individual
public officer or who unlawfully employee who deprives a person
detains a person of his liberty.

Illegal Exactions - This can only be committed principally
by a public officer whose official duty is to collect taxes, license
fees, import duties and other dues payable to the government.
Mere demand of a larger or different amount is sufficient to consummate
the crime. The essence is the improper collection (damage to government
is not required)

Illegal marriage - Illegal marriage includes also such other marriages
which are performed without complying with the requirements of law, or
marriages where the consent of the other is vitiated, or such marriage
which was solemnized by one who is not authorized to solemnize the same.

Imprudence - Failure in precaution.

Incriminating Innocent Person - act of planting evidence and the like
in order to incriminate an innocent person.

Inducing A Minor To Abandon His Home - What constitutes the crime is
the act of inducing a minor to abandon his home of his guardian, and
it is not necessary that the minor actually abandons the home.

Infanticide - the victim is younger than three days or 72 hours old;
can be committed by a stranger. If a stranger who conspires with parent,
both commit the crime of infanticide.

In Flight – From the moment all exterior doors are closed following
embarkation until the same doors are again opened for disembarkation.

Insurrection - more commonly employed in reference to a movement which
seeks merely to effect some change of minor importance, or to prevent
the exercise of governmental authority with respect to particular
matters or subjects.

Interlocutory Order - one issued by the court deciding a collateral
or incidental matter; it is not a final determination of the issues
of the action or proceeding.

Intriguing Against Honor - is referred to as gossiping: the offender,
without ascertaining the truth of a defamatory utterance, repeats the
same and pass it on to another, to the damage of the offended party.

Libel - Defamation is in writing or printed media.

      Slander - oral defamation.

      Defamation - public and malicious imputation calculated to cause
      dishonor, discredit, or contempt upon the offended party.

Malfeasance - Doing of an act which a public officer should not
have done.

Malversation - is otherwise called embezzlement. Crime is committed
by approaching, taking, or misappropriating/consenting, or through
abandonment or negligence, permitting any other person to take the
public funds/property.

Manifestly Unjust Judgment – manifestly contrary to law that even a
person having meager knowledge of law cannot doubt the injustice; not
abuse of discretion or mere error of judgment.

Medical Malpractice -  which is a form of negligence, consists in the
failure of a physician or surgeon to apply to his practice of medicine
that degree of care and skill which is ordinarily employed by the
profession generally, under similar conditions, and in like surrounding
circumstances.

Misfeasance - Improper doing of an act which a person might lawfully do.

Monopoly - is a privilege or peculiar advantage vested in one or more
persons or companies, consisting in the exclusive right or power to
carry on a particular business or trade, manufacture a particular
article, or control the sale or the whole supply of a particular
commodity. It is a form of market structure in which one or only a few
firms dominate the total sales of a product or service.

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

Negligence - Failure in advertence.

Nonfeasance - Failure of an agent to perform his undertaking for
the principal.

Perjury by Making False Accusations - giving of false statement under
oath or making a false affidavit, imputing to the person the commission
of a crime.

Person In Authority – any person directly vested with jurisdiction,
whether as an individual or as a member of some court or governmental
corporation, board or commission.

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.

Political Crimes – are those directly aimed against the political order,
as well as such common crimes as may be committed to achieve a political
purpose. The decisive factor is the intent or motive.

Prevaricacion - means the negligence and tolerance in the prosecution
of an offense.

Proposal - when the person who has decided to rise publicly and take
arms against the government for any of the purposes of rebellion
proposes its execution to some other person or persons.

Prostitutes - women who habitually(not just 1 man) indulge in sexual
intercourse or lascivious conduct for money or profit (If a man
indulges in the same conduct, the crime committed is vagrancy.)

Quasi-Recidivism - Commission of Another Crime During Service of
Penalty Imposed for Another Previous Offense.

Rebellion - more frequently used where the object of the movement is
completely to overthrow and supersede the existing government.

Revealing Secrets With Abuse Of Office - Essence of this crime is
that the offender learned of the secret in the course of his employment.
He is enjoying a confidential relation with the employer or master
so he should respect the privacy of matters personal to the latter.

Ruffians – brutal, violent, lawless.

Sedition - It is the raising of commotions or disturbances in the State.
It is sufficient that the public uprising be tumultuous. The purpose
may be political or social.

Seduction - enticing a woman to unlawful sexual intercourse by promise
of marriage or other means of persuasion without use of force. It
applies when there is abuse of authority (qualified seduction) or
deceit (simple seduction).

Service Mark – is a mark used in the sale or advertising of services
to identify the services of one person and distinguish them from the
services of others and includes without limitation the marks, names,
symbols, titles, designations, slogans, character names, and distinctive
features of radio or other advertising.

Slavery - This is committed if anyone shall purchase, kidnap, or
detain a human being for the purpose of enslaving him.

Trade-Name Or Trade-Mark – is a word or words, name, title, symbol,
emblem, sign or device, or any combination thereof used as an
advertisement, sign, label, poster, or otherwise, for the purpose of
enabling the public to distinguish the business of the person who
owns and uses said trade-name or trade-mark.

Treason – breach of allegiance to the government by a person who owes
allegiance to it. The levying of war against the government would
constitute treason when performed to aid the enemy.

Tumultuous - caused by more than 3 persons who are armed or provided with
means of violence.

Unfair Competition -  consists in employing deception or any other means
contrary to good faith by which any person shall pass off the goods
manufactured by him or in which he deals, or his business, or services
for those of the one having established goodwill, or committing any acts
calculated to produce such result.

Unintentional Abortion - requires physical violence inflicted deliberately
and voluntarily by a third person upon the pregnant woman. If the pregnant
woman aborted because of intimidation, the crime committed is not
unintentional abortion because there is no violence; the crime committed
is light threats.

Unlawful Arrest - This felony consists in making an arrest or detention
without legal or reasonable ground for the purpose of delivering the
offended party to the proper authorities.

Vagrants -  Those who have no apparent means of subsistence and who have
the physical ability to work yet neglect to apply themselves to some
useful calling.