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Questions and Answers
What does a Subpoena Ad Testificandum require a person to do?
What does a Subpoena Ad Testificandum require a person to do?
What does the term 'heinous crimes' primarily refer to?
What does the term 'heinous crimes' primarily refer to?
What is the purpose of a Summary Proceeding?
What is the purpose of a Summary Proceeding?
What does a Summons provide to the respondent?
What does a Summons provide to the respondent?
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Which description best fits Sensational Crimes?
Which description best fits Sensational Crimes?
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What does gender sensitivity aim to achieve?
What does gender sensitivity aim to achieve?
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What is included in the definition of arms smuggling?
What is included in the definition of arms smuggling?
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Which of the following describes the term 'marginalization'?
Which of the following describes the term 'marginalization'?
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What is the meaning of 'third gender'?
What is the meaning of 'third gender'?
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What does women's empowerment specifically refer to?
What does women's empowerment specifically refer to?
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What is one of the primary characteristics of criminal law?
What is one of the primary characteristics of criminal law?
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Which of the following statements best describes a 'crime'?
Which of the following statements best describes a 'crime'?
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What is suggested when dealing with media during a crisis?
What is suggested when dealing with media during a crisis?
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What does the principle of 'brevity' imply in writing?
What does the principle of 'brevity' imply in writing?
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What is a distinguishing feature of felonies?
What is a distinguishing feature of felonies?
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Which type of felony involves malicious intent?
Which type of felony involves malicious intent?
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What aspect of criminal law does 'prospective' refer to?
What aspect of criminal law does 'prospective' refer to?
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What is essential when providing information to the media during a crisis?
What is essential when providing information to the media during a crisis?
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What is considered grave coercion in the context provided?
What is considered grave coercion in the context provided?
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Who qualifies as a 'person in authority' under the laws mentioned?
Who qualifies as a 'person in authority' under the laws mentioned?
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What is the definition of 'deliver' concerning dangerous drugs?
What is the definition of 'deliver' concerning dangerous drugs?
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Which term describes someone who sells or distributes dangerous drugs?
Which term describes someone who sells or distributes dangerous drugs?
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What does 'gender sensitivity' mean in the context provided?
What does 'gender sensitivity' mean in the context provided?
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What is the legal consequence for someone entering a dwelling against the will of the owner?
What is the legal consequence for someone entering a dwelling against the will of the owner?
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What does RA 9160 relate to?
What does RA 9160 relate to?
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What is the significance of 'trading' in relation to dangerous drugs?
What is the significance of 'trading' in relation to dangerous drugs?
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What does 'Res Gestae' refer to?
What does 'Res Gestae' refer to?
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What is required for a conviction based on circumstantial evidence in a criminal case?
What is required for a conviction based on circumstantial evidence in a criminal case?
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What entitles the accused to acquittal in a criminal case?
What entitles the accused to acquittal in a criminal case?
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Which of the following best describes 'Preponderance of Evidence'?
Which of the following best describes 'Preponderance of Evidence'?
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What is the function of a Search Warrant?
What is the function of a Search Warrant?
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What type of evidence is described as that which a reasonable mind might accept to support a conclusion?
What type of evidence is described as that which a reasonable mind might accept to support a conclusion?
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Which branch of government is responsible for the judicial function?
Which branch of government is responsible for the judicial function?
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What is defined as an accusation in writing charging a person with an offense?
What is defined as an accusation in writing charging a person with an offense?
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Study Notes
Heinous/Violent Crimes
- Refer to crimes directed against politicians, elected government officials, and government officials appointed by the President
- Include violent overt acts that result in their death or incapacitation
- Crimes attract national/international public attention/scrutiny
Subpoena Ad Testificandum
- A process directed to a person requiring them to appear and testify
Subpoena Duces Tecum
- A process directing a person to appear and bring with them books and documents
- Often requested in cases where relevant information or proof is needed
Journal of the Case
- Refers to the record of the daily progress of a case
- Documents what has been done
Summary Proceeding
- Expeditious administrative proceeding conducted that is consistent with due process
On-Scene Command Post
- Refers to a temporary area established in the vicinity of a crime scene
- Often used for communication and coordination between different stakeholders involved in an investigation
Summons
- A written notice informing the respondent that they are charged with an offense
- Directs the respondent to file an Answer
Pre-charge Evaluation
- A process to determine the existence of probable cause based on allegations of a crime
- Used to assess if an investigation should proceed
Sensational Crimes
- Refer to crimes against politicians, elected government officials, and government officials appointed by the President
- Involve specific violent acts resulting in their death or incapacitation.
- Attract national/international public attention/scrutiny
Criminal Law
- Defines crimes, their nature, and specifies their punishments
Crime
- An act or omission committed or omitted in violation of public law
General vs. Territorial Law
- General: Applies to all persons who live and sojourn in Philippine territory
- Territorial: Applies to all crimes committed within the National Territory of the Philippines
Prospective Law
- Does not have any retroactive effect, except if it is favorable to the accused who is not habitually delinquent
Felonies
- Acts or omissions punishable by the Revised Penal Code (RPC)
- Committed by means of deceit (dolo) or by means of fault (culpa)
Intentional Felonies
- The offender's act or omission is malicious
Culpable Felonies
- The offender's act or omission is not malicious
Grave Coercions
- Refers to acts or omissions that prevent another person from doing something not prohibited by law, or that compel them to do something against their will
Persons 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
- Includes the President of the Philippines
- Responsible to protect the public and maintain order
Anti-Money Laundering Act (RA 9160)
- Aims to prevent and suppress money laundering activities
RA 9165
- Known as the "Comprehensive Dangerous Drugs Act of 2002"
- Outlines provisions, penalties, and procedures for illegal drug offenses.
Dispense (RA 9165)
- Refers to the act of giving away, selling or distributing medicine or any dangerous drug with or without a prescription
Deliver (RA 9165)
- Refers to knowingly passing a dangerous drug to another person, personally or otherwise
Pusher (RA 9165)
- Refers to a person who sells, trades, administers, dispenses, delivers, transits, or transports dangerous drugs
- Also includes brokers in any of these transactions.
Ra 10591
- Aims to prevent and punish illegal trading of dangerous drugs and/or controlled precursors and essential chemicals.
Trafficking of dangerous drugs
- Includes the actual movement or transfer of controlled substances or precursors.
Arms Smuggling
- Refers to the import, export, acquisition, sale, delivery, movement or transfer of firearms
- Often involves illegal trafficking of firearms across international borders.
Firearm
- Refers to any handheld or portable weapon that expels or is designed to expel a bullet
Types of Firearm Licenses (Philippines)
- Type 1: 2 registered firearms
- Type 2: 5 registered firearms
- Type 3: 10 registered firearms
- Type 4: 15 registered firearms
- Type 5: More than 15 registered firearms
PD 532 ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY LAW
- Defines penalties and procedures for those involved in piracy and highway robbery.
Vessel (PD 532)
- Used to transport passengers and cargo from one place to another through Philippine waters
- The definition of "vessel" applies to this law
Piracy (PD 532)
- Refers to actions involving attacking ships or aircraft, taking control, or stealing from them.
- Under PD 532, piracy carries a penalty of reclusion temporal in its maximum period.
Res Gestae
- Refers to matter incidental to the main fact and explanatory of it
- Includes acts and words that are so closely connected to the main act as to constitute a part of the overall transaction
Preponderance of Evidence (Civil Case)
- Refers to the standard of proof required for a plaintiff to win a civil case
Proof Beyond Reasonable Doubt (Criminal Case)
- Refers to the standard of proof required for a prosecution to win a criminal case.
- The accused is entitled to an acquittal unless the prosecution proves their guilt beyond a reasonable doubt.
Circumstantial Evidence (Criminal Case)
- Sufficient for conviction only if there is more than one circumstance, the facts from which the inference are derived are proven, and these facts are consistent with each other and point to the guilt of the accused, and inconsistent with any other possible hypothesis.
Substantial Evidence
- Refers to the minimum amount of relevant evidence necessary to support a conclusion
- Must be adequate to support a conclusion, meaning it is credible and trustworthy.
Sworn Statement
- A document that contains information, statements, and declarations made under oath
- Must be sworn before a notary public or other authorized officer.
- Essential for legal proceedings where evidence is necessary to support claims or allegations.
Information (Criminal Case)
- A written accusation that charges a person with an offense
- Must be subscribed by the prosecutor
- Details specific offenses and the evidence supporting the charges
Search Warrant
- An order in writing issued in the name of the People of the Philippines
- Signed by a judge and directed to a Peace Officer
- Authorizes the officer to search for specific personal property in a designated location.
Judicial Branch
- Vested in the Supreme Court of the Philippines and lower courts established by law (Art. VIII, sec. 1 of the 1987 Constitution)
- Responsible for settling actual controversies brought before it, administering justice, and interpreting the law.
Court
- An organ of the government belonging to the Judicial Branch
- Interprets and applies the laws to controversies
- Responsible for the public administration of justice.
Classification of Philippine Courts
- Consists of the Supreme Court and various lower courts, including:
- Trial Courts: (Metropolitan Trial Courts (MTCs), Municipal Trial Courts (MTCs), Regional Trial Courts (RTCs)
- Appellate Courts: (Court of Appeals, Sandiganbayan)
- Specialized Courts: (Court of Tax Appeals (CTA), Shari'a Courts, etc.)
Gender
- Refers to the social and cultural roles, behaviors, and attributes that a society considers appropriate for men and women.
Sex
- Refers to the biological and physiological characteristics that define men and women.
Gender Sensitivity
- Refers to being aware of and understanding gender differences and the impact they have on people's lives
- Promotes fair and equal treatment of people regardless of their gender.
Gender Roles
- Set of social and behavioral norms that are generally considered appropriate for either a man or a woman.
- Influenced by cultural norms and values.
Stereotypes
- Generalizations or assumptions about the characteristics of all members of a group based on an image or preconceived notions
- Can be inaccurate and harmful, reinforcing prejudice and limiting opportunities for individuals.
Third Gender/Third Sex
- Describe individuals who are considered to be neither women nor men.
- Refers to people who identify as gender non-conforming or outside traditional binary categories.
Women Empowerment
- Refers to the provision, availability, and accessibility of opportunities, services, and resources for women.
- Promotes self-reliance, independence, and participation in all aspects of society.
Marginalization
- Refers to the exclusion of a whole category of people from meaningful participation and opportunities.
Marginalized
- Refers to people who are disproportionately disadvantaged and excluded, often facing barriers to access education, healthcare, and economic opportunities.
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Description
This quiz delves into heinous and violent crimes, particularly those against government officials, along with key legal processes such as subpoenas and summary proceedings. You'll explore concepts like the journal of the case and the function of an on-scene command post in managing criminal investigations. Test your knowledge on these important legal topics.