POLITICAL LAW

I. 1987 PHILIPPINE CONSTITUTION

What is the nature of

the Philippine State?

The Philippines is a democratic and republican State. Sovereignty resides in the people and all government
authority emanates from them. (Sec. 1, Art. II, 1987 Constitution)

A state wherein all government authority emanates from the people and is exercised by representatives chosen
by the people. (Dissenting Opinion of Justice Puno, Tolentino v. COMELEC, G.R. No. 148334, 21 Jan. 2004)

Manifestations of Republicanism
1. Ours is a government of Laws and not of men.
2. Rule of Majority (Plurality in elections)
3. Accountability of public officials
4. Bill of Rights
5. Legislature cannot pass irrepealable laws
6. Separation of powers
 What is the Philippine policy with regard to
war?

The State renounces war as an instrument of national policy. (Sec. 2, Art. II, 1987 Constitution)

Note: The Philippines does not renounce defensive war because its duty is to defend its citizens. Under the
Constitution, the prime duty of the government is to serve and protect the people. (Secs. 2 and 4, Art. II, 1987
Constitution)

What is civilian supremacy?

Civilian supremacy means that civilian authority is, at all times, supreme over the military (CONST., Art. II, Sec. 3).
The principle is based on the fact that "sovereignty resides in the people and all government authority emanates
from them" (CONST., Art. II, Sec. 1).

What is the paramount consideration of the

State in pursuing an independent foreign
policy?
The State shall pursue an independent foreign policy. In its relations with other states, the paramount
consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-
determination. (CONST., Art. II, Sec. 7)

Paramount consideration: national sovereignty, territorial integrity, national interest, and the right to self-
determination
 What is the concept
of Social Justice?

Social justice is "neither communism, nor despotism, nor atomism, nor anarchy," but the humanization of laws and the equalization
of social and economic forces by the State so that justice in its rational and objectively secular conception may at least be
approximated. Social justice means the promotion of the welfare of all the people, the adoption by the Government of measures
calculated to insure economic stability of all the competent elements of society, through the maintenance of a proper economic
and social equilibrium in the interrelations of the members of the community, constitutionally, through the adoption of measures
legally justifiable, or extra- constitutionally, through the exercise of rowers underlying the existence of all governments on the
time-honored principle of salus populi est suprema lex. (Calalang vs. Williams, G.R. No. 47800, December 2, 1940)

Social justice does not champion division of property or equality of economic status; what it and the Constitution do guaranty are
equality of opportunity, equality of political rights, equality before the law, equality between values given and received on the basis
of efforts exerted in their production. (Guido v. Rural Progress Administration, G.R. No. L-2089, October 31, 1949)

What is the doctrine

of parens patriae?
The doctrine of parens patriae is enunciated in the case of SPARK v. Quezon City, as explained:

While parents have a primary role in raising a child, “when actions concerning the child have a relation to thepublic welfare or the
well-being of the child, the State may act to promote these legitimate interests”, especially in cases that may bring harm to a
child or to public safety. This overrides a parent’s right to control upbringing of a child. The state is mandated to support parents in
exercise of rights and duties, and state authority is therefore, not exclusive of, but rather complementary to parental supervision.
The Curfew Ordinances merely serve as legal restrictions designed to aid parents in promoting their child’s welfare. Though these
are inherently limiting on the part of the minor, this is necessary because the youth is vulnerable and inexperienced, and “their
moral well-being is likewise imperiled as minor children are prone to making detrimental decisions.” Hence, Quezon City’s imposed
curfew does not violate Section 12, Art. II of the Constitution because the curfew was done within the role of the State as parens
patriae. [SPARK v. Quezon City, G.R. No. 225442, August 8, 2017]
 XII. PUBLIC INTERNATIONAL LAW

Define “war crimes” or “crimes against International

Humanitarian Lawunder the International Humanitarian
Law (R.A. No. 9851)

SEC. 4. War Crimes. – For the purpose of this Act, “war crimes” or “crimes against International Humanitarian Law”
means:
a. In case of an international armed conflict, grave breaches of the Geneva Conventions of 12 August 1949, namely,
any of the following acts against persons or property protected under the provisions of the relevant Geneva
Convention:
1. Willful killing;
2. Torture or inhuman treatment, including biological experiments;
3. Willfully causing great suffering, or serious injury to body or health;
4. Extensive destruction and appropriation of property not justified by military necessity and carried out
unlawfully and wantonly;
5. Willfully depriving a prisoner of war or other protected person of the rights of fair and regular trial;
6. Arbitrary deportation or forcible transfer of population or unlawful confinement;
7. Taking of hostages;
8. Compelling a prisoner of war or other protected person to serve in the forces of a hostile power; and
9. Unjustifiable delay in the repatriation of prisoners of war or other protected persons.
b. In case of a non-international armed conflict, serious violations of common Article 3 to the four (4) Geneva
Conventions of 12 August 1949, namely, any of the following acts committed against persons taking no active
part in the hostilities, including members of the armed forces who have laid down their arms and those
placed hors de combat by sickness, wounds, detention or any other cause:
1. Violence to life and person, in particular, willful killings, mutilation, cruel treatment and torture;
2. Committing outrages upon personal dignity, in particular, humiliating and degrading treatment;
3. Taking of hostages; and
4. The passing of sentences and the carrying out of executions without previous judgment pronounced by a
regularly constituted court, affording all judicial guarantees which are generally recognized as indispensable.
c. Other serious violations of the laws and customs applicable in armed conflict, within the established framework of
international law, namely:
1. Intentionally directing attacks against the civilian population as such or against individual civilians not taking
direct part in hostilities;
2. Intentionally directing attacks against civilian objects, that is, objects which are not military objectives;
3. Intentionally directing attacks against buildings, material, medical units and transport, and personnel using
the distinctive emblems of the Geneva Conventions or Additional Protocol III in conformity with international
law;
4. Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a
humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as
long as they are entitled to the protection given to civilians or civilian objects under the international law of
armed conflict;
5. Launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or
damage to civilian objects or widespread, long-term and severe damage to the natural environment which
would be excessive in relation to the concrete and direct military advantage anticipated;
6. Launching an attack against works or installations containing dangerous forces in the knowledge that such
attack will cause excessive loss of life, injury to civilians or damage to civilian objects, and causing death or
serious injury to body or health;
7. Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended
and which are not military objectives, or making non-defended localities or demilitarized zones the object of
attack;
8. Killing or wounding a person in the knowledge that he/she is hors de combat, including a combatant who,
having laid down his/her arms or no longer having means of defense, has surrendered at discretion;
9. Making improper use of a flag of truce, of the flag or the military insignia and uniform of the enemy or of the
United Nations, as well as of the distinctive emblems of the Geneva Conventions or other protective signs
under International Humanitarian Law, resulting in death, serious personal injury or capture;
10. Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable
purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they
are not military objectives. In case of doubt whether such building or place has been used to make an
effective contribution to military action, it shall be presumed not to be so used;
11. Subjecting persons who are in the power of an adverse party to physical mutilation or to medical or scientific
experiments of any kind, or to removal of tissue or organs for transplantation, which are neither justified by
the medical, dental or hospital treatment of the person concerned nor carried out in his/her interest, and
which cause death to or seriously endanger the health of such person or persons;
12. Killing, wounding or capturing an adversary by resort to perfidy;
13. Declaring that no quarter will be given;
14. Destroying or seizing the enemy’s property unless such destruction or seizure is imperatively demanded by
the necessities of war;
15. Pillaging a town or place, even when taken by assault;
16. Ordering the displacement of the civilian population for reasons related to the conflict, unless the security of
the civilians involved or imperative military reasons so demand;
17. Transferring, directly or indirectly, by the occupying power of parts of its own civilian population into the
territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory
within or outside this territory;
18. Committing outrages upon personal dignity, in particular, humiliating and degrading treatment;
19. Committing rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other
form of sexual violence also constituting a grave breach of the Geneva Conventions or a serious violation of
common Article 3 to the Geneva Conventions;
20. Utilizing the presence of a civilian or other protected person to render certain points, areas or military forces
immune from military operations;
21. Intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable
to their survival, including willfully impeding relief supplies as provided for under the Geneva Conventions
and their Additional Protocols;
22. In an international armed conflict, compelling the nationals of the hostile party to take part in the operations
of war directed against their own country, even if they were in the belligerent’s service before the
commencement of the war;
23. In an international armed conflict, declaring abolished, suspended or inadmissible in a court of law the rights
and actions of the nationals of the hostile party;
24. Committing any of the following acts:
i. Conscripting, enlisting or recruiting children under the age of fifteen (15) years into the national armed
forces;
ii. Conscripting, enlisting or recruiting children under the age of eighteen (18) years into an armed force or
group other than the national armed forces; and
iii. Using children under the age of eighteen (18) years to participate actively in hostilities; and
 25. Employing means of warfare which are prohibited under international law, such as:
i. Poison or poisoned weapons;
ii. Asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices;
iii. Bullets which expand or flatten easily in the human body, such as bullets with hard envelopes which do
not entirely cover the core or are pierced with incisions; and
iv. Weapons, projectiles and material and methods of warfare which are of the nature to cause superfluous
injury or unnecessary suffering or which are inherently indiscriminate in violation of the international law
of armed conflict.

How is Genocide defined

under R.A. No. 9851?

SEC. 5. Genocide. –
a. For the purpose of this Act, “genocide” means any of the following acts with intent to destroy, in whole or in
part, a national, ethnic, racial, religious, social or any other similar stable and permanent group as such:
1. Killing members of the group;
2. Causing serious bodily or mental harm to members of the group;
3. Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in
whole or in part;
4. Imposing measures intended to prevent births within the group; and
5. Forcibly transferring children of the group to another group.
b. It shall be unlawful for any person to directly and publicly incite others to commit genocide.

What are considered Other Crimes Against

Humanity under R.A. No. 9851?
SEC. 6. Other Crimes Against Humanity. – For the purpose of this Act, “other crimes against humanity” means any of the following acts when committed as
part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:
a. Willful killing;
b. Extermination;
c. Enslavement;
d. Arbitrary deportation or forcible transfer of population;
e. Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;
f. Torture;
g. Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;
h. Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender, sexual orientation or other
grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime
defined in this Act;
i. Enforced or involuntary disappearance of persons;
j. Apartheid; and
k. Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.
 Who has jurisdiction over persons accused of a
crime defined under R.A No. 9851?
SEC. 17. Jurisdiction. – The State shall exercise jurisdiction over persons, whether military or civilian, suspected or accused of a crime
defined and penalized in this Act, regardless of where the crime is committed, provided, any one of the following conditions is met:
a. The accused is a Filipino citizen;
b. The accused, regardless of citizenship or residence, is present in the Philippines; or
c. The accused has committed the said crime against a Filipino citizen.
In the interest of justice, the relevant Philippine authorities may dispense with the investigation or prosecution of a crime punishable
under this Act if another court or international tribunal is already conducting the investigation or undertaking the prosecution of such
crime. Instead, the authorities may surrender or extradite suspected or accused persons in the Philippines to the appropriate international
court, if any, or to another State pursuant to the applicable extradition laws and treaties.

Note: No criminal proceedings shall be initiated against foreign nationals suspected or accused of having committed the crimes defined
and penalized in this Act if they have been tried by a competent court outside the Philippines in respect of the same offense and acquitted,
or having been convicted, already served their sentence.

What is the effect if the suspected or accused

person is holding an official capacity?

SEC. 9. Irrelevance of Official Capacity. – This Act shall apply equally to all persons without any distinction based
on official capacity. In particular, official capacity as a head of state or government, a member of a government
or parliament, an elected representative or a government official shall in no case exempt a person from criminal
responsibility under this Act, nor shall it, in and of itself, constitute a ground for reduction of sentence. However:
1. Immunities or special procedural rules that may be attached to the official capacity of a person under
Philippine law other than the established constitutional immunity from suit of the Philippine President
during his/her tenure, shall not bar the court from exercising its jurisdiction over such a person; and
2. Immunities that may be attached to the official capacity of a person under international law may limit the
application of this Act, but only within the bounds established under international law.
 What are the instances wherein
the superiors can be held criminally responsible for
the crimes committed by their subordinates?

SEC. 10. Responsibility of Superiors. – In addition to other grounds of criminal responsibility for crimes defined
and penalized under this Act, a superior shall be criminally responsible as a principal for such crimes committed
by subordinates under his/her effective command and control, or effective authority and control as the case may
be, as a result of his/her failure to properly exercise control over such subordinates, where:
a. That superior either knew or, owing to the circumstances at the time, should have known that the
subordinates were committing or about to commit such crimes;
b. That superior failed to take all necessary and reasonable measures within his/her power to prevent or repress
their commission or to submit the matter to the competent authorities for investigation and prosecution.

Are the crimes defined

under R.A. 9851 subject to prescription?

No.

SEC. 11. Nonprescription. – The crimes defined and penalized under this Act, their prosecution, and the execution
of sentences imposed on their account, shall not be subject to any prescription.
 MERCANTILE LAW
Take note to remove the following portions as it was already deleted from the Syllabus:

1. Maritime Law under Transportation Law

2. Art Forgery Act under the IP Code of the Philippines
3. The entire Negotiable Instruments Law

I. CORPORATION LAW

What are the kinds of corporation as to

relationship of management and control?

a. Holding corporation – holds stocks in other companies for purposes of control;

b. Subsidiary corporation – owned or controlled by another company called the parent company;
c. Affiliates – two companies are affiliates when one company owns less than the majority of the
voting stock of the other;
d. Parent company – owns enough voting stock in another company to control management and
operation.
 III. INSURANCE LAW

What kind of proof of loss is the insured

required to give?

When a preliminary proof of loss is required by a policy, the insured is not bound to give such proof as would be
necessary in a court of justice; but it is sufficient for him. to give the best evidence which he has in his power at
the time (INSURANCE CODE, Sec. 91). If the policy requires, by way of preliminary proof of loss, the certificate or
testimony of a person other than the insured, it is sufficient for the insured to use reasonable diligence to
procure it, and in case of the refusal of such person to give it, then to furnish reasonable evidence to the insurer
that such refusal was not induced by any just grounds of disbelief in the facts necessary to be certified or testified
(INSURANCE CODE, Sec. 94).

a. Who has insurable interest in a contract of marine

insurance?

b. What is the extent of the insurable interest of the

owner of a ship?
a. The following have an insurable interest in a contract of marine insurance:
1. Owner of a ship (INSURANCE CODE, Sec. 102-106);
2. One who has interest in the thing from which Profits are expected to proceed (INSURANCE CODE, Sec.
107); and
3. Charterer of a ship (INSURANCE CODE, 108).

b. The owner of a ship has insurable interest over the following:

1. Value of the ship - In case the ship is chartered, the insurer shall be liable for only that part of the loss
which the insured cannot recover from the charterer (INSURANCE CODE, Sec. 102).
2. The insurable interest of the owner of the ship hypothecated by bottomry is only the excess of its value
over the amount secured by bottomry (INSURANCE CODE, Sec. 103);
3. Expected Freightage (INSURANCE CODE, Sec. 105).
 VII. DATA PRIVACY ACT

What is the Scope

of the Data Privacy Act?
The Data Privacy Act of 2012 applies to:
a. The processing of ALL types of personal information; and
b. Any natural and juridical person involved in personal information processing including:
i. Those personal information controllersand processors who use equipment that are located in
the Philippines, although not found or established in the Philippines; or
ii. Those who maintain an office, branch or agency in the Philippines subject to the immediately
succeeding paragraph: Provided, That the requirements of Section 5 are complied with. [Sec. 4]

This Act does NOT apply to the following [Sec. 4]:

a. Information about any individual who is or was an officer or employee of a government institution
that relates to the position or functions of the individual, including:
1. The fact that the individual is or was an officer or employee of the government institution;
2. The title, business address and office telephone number of the individual;
3. The classification, salary range and responsibilities of the position held by the individual; and
4. The name of the individual on a document prepared by the individual in the course of
employment with the government.
b. Information about an individual who is or was performing service under contract for a government
institution that relates to the services performed. This includes: The terms of the contract, and the
name of the individual given in the course of the performance of those services;
c. Information relating to any discretionary benefit of a financial nature. Such as the granting of a
license or permit given by the government to an individual, including the name of the individual and
the exact nature of the benefit;
d. Personal information processed for journalistic, artistic, literary or research purposes;
e. Information necessary in order to carry out the functions of public authority. This includes: the
processing of personal data for the performance by the independent, central monetary authority
and law enforcement and regulatory agencies of their constitutionally and statutorily mandated
functions.
f. Information necessary for banks and other financial institutions under the jurisdiction of the
independent, central monetary authority or BSP to comply with the Credit Information System Act
(RA 9510) and Anti-Money Laundering Act (RA 9160) and other applicable laws.
g. Personal information originally collected from residents of foreign jurisdictions in accordance with
the laws of those foreign jurisdictions, including any applicable data privacy laws, which is being
processed in the Philippines.
 VIII. SECURITIES REGULATION CODE

What are the Exempt Transactions?

The requirement of registration shall not apply to the sale of any security in any of the following transactions:
1. At any judicial sale, or sale by an executor, administrator, guardian or receiver or trustee in insolvency or bankruptcy.
2. By or for the account of a pledge holder,or mortgagee or any of a pledge lien holder selling or offering for sale or delivery in the
ordinary course of business and not forthe purpose of avoiding the provision of this Code, to liquidate a bona fide debt, a security
pledged in good faith as security for such debt.
3. An isolated transaction in which any security is sold, offered for sale, subscription or delivery by the owner thereof, or by his
representative for the owner’s account, such sale or offer for sale, subscription or delivery not being made in the course of repeated
and successive transactions of a like character by such owner, or on his account by such representative and such owner or
representative not being the underwriter of such security.
4. The distribution by a corporation actively engaged in the business authorized by its articles of incorporation, of securities to its
stockholders or other security holders as a stock dividend or other distribution out of surplus.
5. The sale of capital stock of a corporation to its own stockholders exclusively, where no commission or other remuneration is paid or
given directly or indirectly in connection with the sale of such capital stock.
6. The issuance of bonds or notes secured by mortgage upon real estate or tangible personal property, when the entire mortgage
together with all the bonds or notes secured thereby are sold to a single purchaser at a single sale.
7. The issue and delivery of any security in exchange for any other security of the same issuer pursuant to a right of conversion entitling
the holder of the security surrendered in exchange to make such conversion: Provided, That the security so surrendered has been
registered under this Code or was, when sold, exempt from the provision of this Code, and that the security issued and delivered in
exchange, if sold at the conversion price, would at the time of such conversion fall within the class of securities entitled to
registration under this Code. Upon such conversion, the par value ofthe security surrendered in such exchange shall be deemed the
price at which the securities issued and delivered in such exchange are sold.
8. Broker’s transaction, executed upon customer’s orders, on any registered Exchange or other trading market.
9. Subscriptions for shares of the capitals stock of a corporation prior to the incorporation thereof or in pursuance of an increase in its
authorized capital stocks, when no expense is incurred, or no commission, compensation or remuneration is paid or given in
connection with the sale or disposition of such securities, and only when the purpose for soliciting, giving or taking of such
subscription is to comply with the requirements of such law as to the percentage of the capital stock of a corporation which should
be subscribed before it can be registered and duly incorporated, or its authorized capital increased.
10. The exchange of securities by the issuer with the existing security holders exclusively, where no commission or other remuneration is
paid or given directly or indirectly for soliciting such exchange.
11. The sale of securities by an issuer to fewer than twenty (20) persons in the Philippines during any twelve-month period.

12. The sale of securities to any number of the following qualified buyers:
a. Bank;
b. Registered investment house;
c. Insurance company;
d. Pension fund or retirement plan maintained by the Government of the Philippines or any political subdivision thereof or
managed by a bank or other persons authorized by the Bangko Sentral to engage in trust functions;
e. Investment company; or
f. Such other person as the Commission may by rule determine as qualified buyers, on the basis of such factors as financial
sophistication, net worth, knowledge, and experience in financial and business matters, or amount of assets under management.
[Sec. 10.1]
13. Any transaction with respect to which the SEC finds that registration is not necessary in the public interest and protection of
investors, such as by reason of the small amount involved or the limited character of the public offering. [Sec. 10.2]
 TAXATION LAW

5. TAXABLE INDIVIDUALS

a.What is substituted filing?

b.Under what conditions will substituted filing

apply?
a. Under substituted filing, the employer's annual withholding tax return is considered as the "substitute"
income tax return (ITR) of the employee inasmuch as the information provided in his income tax return
would exactly be the same information contained in the employer's annual return.

b. Substituted filing shall apply when individual taxpayers receive purely compensation income, regardless of
amount, from only one employer in the Philippines for the calendar year, the income tax of which has been
withheld correctly by the said employer (tax due equals tax withheld). The certificate of withholding filed by
the respective employers, duly stamped "received" by the BIR, shall be tantamount to the substituted filing
of income tax returns by said employees (NIRC, Sec. 51 (A)).
 LABOR LAW

F. DISCRIMANATORY PRACTICES

What are the discriminatory acts under R.A. No. 7277

with regard to Persons with Disability?

Acts of Discrimination:
1. Limiting, segregating or classifying a disabled job applicant in such a manner that adversely affects his work opportunities;
2. Using qualification standards, employment tests or other selection criteria that screen out or tend to screen out a disabled person
unless such standards, tests or other selection criteria are shown to be job- related for the position in question and are consistent
with business necessity;
3. Utilizing standards, criteria, or methods of administration that:
a. have the effect of discrimination on the basis of disability; or
b. perpetuate the discrimination of others who are subject to common administrative control.
4. Providing less compensation, such as salary, wage or other forms of remuneration and fringe benefits, to a qualified disabled
employee, by reason of his disability, than the amount to which a non-disabled person performing the same work is entitled;
5. Favoring a non-disabled employee over a qualified disabled employee with respect to promotion, training opportunities, study and
scholarship grants, solely on account of the latter's disability;
6. Re-assigning or transferring a disabled employee to a job or position he cannot perform by reason of his disability;
7. Dismissing or terminating the services of a disabled employee by reason of his disability unless the employer can prove that he
impairs the satisfactory performance of the work involved to the prejudice of the business entity: Provided, however, That the
employer first sought to provide reasonable accommodations for disabled persons;
8. Failing to select or administer in the most effective manner employment tests which accurately reflect the skills, aptitude or other
factor of the disabled applicant or employee that such tests purports to measure, rather than the impaired sensory, manual or
speaking skills of such applicant or employee, if any; and
9. Excluding disabled persons from membership in labor unions or similar organizations. [Sec. 32, RA 7277]
 CRIMINAL LAW

I. FUNDAMENTAL PRINCIPLES OF CRIMINAL LAW

What is the Suppletory application of the RPC to

Special Penal Laws under Art. 10 of the RPC?
General Rule: RPC provisions are supplementary to special laws.

Exceptions:
a. Where the special law provides otherwise;
b. When the provisions of the RPC are impossible of application, either by express provision or by necessary
implication.

B.P. Blg. 22 does not expressly proscribe the suppletory application of the provisions of the RPC. Thus, in the
absence of contrary provision in BP 22, the general provisions of the RPC which, by their nature, are necessarily
applicable, may be applied suppletory. (Ladonga vs. People, G.R. No. 141066, February 17, 2005)

II. REVISED PENAL CODE BOOK ONE

Distinguish conspiracy as
a felony from conspiracy as a manner of incurring
criminal liability

Conspiracy as a felony refers to those acts directly punishable by a law- such as conspiracy to commit rebellion
under Art. 136 of the RPC. But when the conspiracy relates to a crime actually committed, it becomes only a
manner of incurring criminal liability and is not punishable as a separate offense- such as when rebellion is
actually committed, the conspiracy is not a felony. (REYES)
 Explain Nullum crimen,
nulla poena sine lege.

An act or omission cannot be punished by the State if at the time it was committed, there was no law prohibiting
it. Nullum crimen, nulla poena sine lege. (Art. 21, RPC)

Reason: A law cannot be rationally obeyed unless it is first shown, and a man cannot be expected to obey an
order that has not been given.

What are the effects of Filing and Grant/Denial of the

Application for Probation?

1. Filing – operates as a waiver of the right to appeal.

2. The order granting or denying the probation shall not be appealable.
3. Accessory penalties – deemed suspended once probation is granted.
4. Civil liability – not affected by the suspension of the sentence imposed on the accused who is granted
probation; court must hear the civil aspect.
 Who are disqualified from being placed in
probation?
Disqualified offenders:
a. Sentenced to a maximum term of imprisonment of more than 6 years;
b. Convicted of any crime against national security;
c. Previously convicted by final judgment of an offense punished by imprisonment of not less than one month
and one day and/or fine of not more than Php 1,000;
d. Those who have once been on probation;
e. Those who appealed;
f. Those who are already serving sentence at the time the substantive provisions of the Decree became
applicable pursuant to Sec. 33 thereof;
g. Those convicted of drug trafficking or drug pushing (Sec. 24, R.A. No. 9165); and
h. Convicted of election offenses under the Omnibus Election Code. (Sec. 261, B.P. 264)

What are the different ways of committing Gender-

Based Sexual Harassment under the Safe Spaces Act?

1. Gender-Based Streets and Public Spaces Sexual Harassment;

a. Gender-Based Sexual Harassment in Restaurants and Cafes, Bars and Clubs, Resorts and Water Parks,
Hotels and Casinos, Cinemas, Malls, Buildings and Other Privately-Owned Places Open to the Public; and
b. Gender-Based Sexual Harassment in Public Utility Vehicles;
2. Gender-Based Online Sexual Harassment;
3. Qualified Gender-Based Streets, Public Spaces and Online Sexual Harassment;
4. Gender-Based Sexual Harassment in the Workplace; and
5. Gender-Based Sexual Harassment in Educational and Training Institutions.
 What are the specific acts for Gender-Based Sexual
Harassment in Streets and Public Spaces that are penalized
under the Safe Spaces Act?

a. For acts such as cursing, wolf-whistling, catcalling, leering and intrusive gazing, taunting, cursing,
unwanted invitations, misogynistic, transphobic, homophobic, and sexist slurs, persistent unwanted
comments on one's appearance, relentless requests for one's personal details such as name, contact and
social media details or destination, the use of words, gestures or actions that ridicule on the basis of sex,
gender or sexual orientation, identity and/or expression including sexist, homophobic, and transphobic
statements and slurs, the persistent telling of sexual jokes, use of sexual names, comments and demands,
and any statement that has made an invasion on a person's personal space or threatens the person's sense
of personal safety —
b. For acts such as making offensive body gestures at someone, and exposing private parts for the sexual
gratification of the perpetrator with the effect of demeaning, harassing, threatening or intimidating the
offended party including flashing of private parts, public masturbation, groping, and similar lewd sexual
actions —
c. For acts such as stalking, and any of the acts mentioned in Section 11 paragraphs (a) and (b), when
accompanied by touching, pinching or brushing against the body of the offended person; or any touching,
pinching, or brushing against the genitalia, face, arms, anus, groin, breasts, inner thighs, face, buttocks or
any part of the victim's body even when not accompanied by acts mentioned in Section 11 paragraphs (a)
and (b)
 REMEDIAL LAW

III. JURISDICTION

What is the concept of Residual Jurisdiction?

Residual jurisdiction refers to the authority of the trial court to issue orders for the protection and preservation of the rights of the parties
which do not involve any matter litigated by the appeal; to approve compromises; to permit appeals by indigent litigants; to order
execution pending appeal in accordance with Section 2, Rule 39; and to allow the withdrawal of the appeal, provided these are done prior
to the transmittal of the original record or the record on appeal, even if the appeal has already been perfected or despite the approval of
the record on appeal or in case of a petition for review under Rule 42, before the CA gives due course to the petition.

The "residual jurisdiction" of the trial court is available at a stage in which the court is normally deemed to have lost jurisdiction over the
case or the subject matter involved in the appeal. This stage is reached upon the perfection of the appeals by the parties or upon the
approval of the records on appeal, but prior to the transmittal of the original records or the records on appeal. In either instance, the trial
court still retains its so- called residual jurisdiction to issue protective orders, approve compromises, permit appeals of indigent litigants,
order execution pending appeal, and allow the withdrawal of the appeal. (Development Bank of the Philippines v. Carpio, G. R. No. 195450,
February 1, 2017)

Distinguish Doctrine of Primary Administrative Jurisdiction

from Doctrine of Exhaustion of Administrative Remedies

Doctrine of Primary Administrative Jurisdiction Doctrine of Exhaustion of Administrative Remedies

As to issues that can be passed upon
Both the court and administrative agency have jurisdiction to pass on a The administrative agency has authority to pass on every
question when a particular case is presented to court, as an original matter, question raised by a person who had resorted to judicial relief,
rather than a matter of review. therefore enabling the court to withhold its aid entirely until the
administrative remedies had been exhausted.
As to jurisdiction to take cognizance of a case
The claim or matter is cognizable by both the court and administrative The claim or matter is cognizable in the first instance by an
agency. administrative agency alone.
As to effect of failure to comply
Failure to comply with the doctrine of prior resort does not go into the Failure to exhaust administrative remedies results in the lack of
jurisdiction of the court because the matter is within the court's original cause of action and is ground for a motion to dismiss (Sunville
jurisdiction. The court may, motu proprio, or upon motion, suspend the Timber Products, Inc. v. Abad, G.R. No. 85502, February 24,
judicial process pending referral of such issues to the administrative body for 1991).
its view (Industrial Enterprises v. CA, G.R. No. 88550, April 18, 1990)
 CRIMINAL PROCEDURE

Where should an application for a cybercrime

warrant be filed?

1. For violations of Section 4 and Section 5 of RA 10175 (Cybercrime Prevention Act of 2012)
General Rule: Application shall be filed before the designated cybercrime courts of the province or the city where:
a. Where the offense or any of its elements is committed, or
b. Where any part of the computer system used is situated, or
c. Where any of the damage caused to a natural or juridical person took place
Note: Cybercrime courts in Quezon City, City of Manila, Makati City, Pasig City, Cebu City, Iloilo City, Davao City, and Cagayan De Oro City
have the special authority to act on applications and issue warrants which shall be
enforceable nationwide and outside the Philippines.

2. For violations of all crimes defined, and penalized by RPC and other special laws if committed using Information
Communication Technology (ICT) shall be filed with the regular courts or other specialized RTC in the places:
a. Where the offense or any of its elements is committed, or
b. Where any part of the computer system used is situated, or
c. Where any of the damage caused to a natural or juridical person took place.
 EVIDENCE

a. Who is a child witness?

b. What are the requisites for a child to be considered

as a competent witness?
a. A child witness is any person who at the time of giving testimony is below 18 years. In child abuse cases, a
child includes one over eighteen 18 years but is found by the court as unable to fully take care of himself
from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or
condition.

b. The requirements then of a child's competency as a witness are the:

1. Capacity of observation;
2. Capacity of recollection; and
3. Capacity of communication. (People v. Rama, G.R. No. 136304, January 25, 2001).

Note: Every child is presumed qualified to be a witness.

How are official records proved?

The written official acts of records of the official acts of the sovereign authority, official bodies and tribunals, and
public officers, whether of the Philippines, or of a foreign country may be evidenced by:
1. An official publication thereof or
2. A copy attested by the officer having the legal custody of the record, or by his or her deputy

Note: If the record is not kept in the Philippines, such attested copy must be accompanied with a certificate that
such officer has the custody (Rule 132, Sec. 24)
 What are the rules as to the requirements of
accompanying certificate if the record is not kept
in the Philippines?

The following are the rules as to the requirements of accompanying certificate if the records is not kept
in the Philippines
1. If the office in which the record is kept is in a foreign country, which is a contracting party to a
treaty or convention to which the Philippines is also a party, or considered a public document under
such treaty or convention pursuant to Rule 132, Sec. 19(c), the certificate or its equivalent shall be
in the form prescribed by such treaty or convention subject to reciprocity granted to public
documents originating from the Philippines.
2. For documents originating from a foreign country which is not a contracting party to a treaty or
convention referred to in the next preceding sentence, the certificate may be made by a secretary
of the embassy of legation, consul general, consul, vice-consul, or consular agent or by any officer
in the foreign service of the Philippines stationed in the foreign country in which the record is kept,
and authenticated by the seal of his or her office.

Note: Pursuant to the Hague Apostille Convention, the Department of Foreign Affairs will no longer
issue Authentication Certificates. Instead, the DFA will affix an Apostille to documents for use abroad
as proof of authentication for use in Apostille-contracting parties.
After authentication by the DFA, there is no more need for authentication (legalization) by the
concerned Foreign Embassies or Consulates General if the country or territory of destination of the
authenticated document is already a member of the Apostille Convention.

Public documents executed in Apostille-contracting countries and territories (except for Austria,
Finland, Germany and Greece) to be used in the Philippines no longer have to be authenticated by the
Philippine Embassy or Consulate General once Apostillized.

The public documents deemed covered by the present Convention are documents emanating from an
authority or an official connected with the courts or tribunals of the State, administrative documents,
notarial acts, and official certificates which are placed on documents signed by persons in their private
capacity (e.g., official certificates recording the registration of a document, or the fact that it was in
existence on a certain date, and official and notarial authentications of signatures).

3. When a treaty or convention between a foreign country and the Philippines has abolished the
requirement, or has exempted in the document itself from this formality, the certificate shall not be
required.