Podcast
Questions and Answers
What is the primary law that penalizes crimes in the Philippines?
What is the primary law that penalizes crimes in the Philippines?
- The Code of Civil Procedure
- The Civil Code
- The Revised Penal Code (correct)
- The Rules of Court
What is the main difference between a civil action and a criminal action?
What is the main difference between a civil action and a criminal action?
- A civil action is initiated by a private person, while a criminal action is initiated by the State (correct)
- A civil action is a remedy for a public wrong, while a criminal action is a remedy for a private wrong
- A civil action is a remedy for a private wrong, while a criminal action is a remedy for a public wrong
- A civil action is initiated by the State, while a criminal action is initiated by a private person
What is the purpose of a criminal action?
What is the purpose of a criminal action?
- To recover damages for a private injury
- To settle a dispute between private persons
- To enforce a private right or redress a private wrong
- To prosecute a person for an act or omission punishable by law (correct)
What is an example of a crime?
What is an example of a crime?
In which type of case does the State prosecute a person for an act or omission punishable by law?
In which type of case does the State prosecute a person for an act or omission punishable by law?
What is the main distinction between a civil case and a criminal case?
What is the main distinction between a civil case and a criminal case?
Which of the following is a characteristic of a civil case?
Which of the following is a characteristic of a civil case?
What is the role of the State in a criminal case?
What is the role of the State in a criminal case?
What is the primary purpose of a civil case?
What is the primary purpose of a civil case?
Which of the following is NOT a characteristic of a criminal case?
Which of the following is NOT a characteristic of a criminal case?
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Study Notes
Special Penal Laws
- Laws passed by Congress from time to time, violating which can result in criminal cases
- Examples: laws against possessing unlicensed firearms or issuing worthless checks
Attendance in Court
- Party attends by accord (agreement)
- Accused attends by compulsion (forced to attend)
Presumption of Innocence
- No presumption of innocence in civil cases
- Presumption of innocence in criminal cases
Quantum of Evidence
- Preponderance of evidence in civil cases
- Proof beyond reasonable doubt in criminal cases
Compulsion to Testify
- Subject to privilege, a party or defendant may be compelled to be a witness through a subpoena in civil cases
- Accused cannot be compelled to testify in criminal cases
Proof and Evidence
- Proof: the result or probative effect of evidence
- Evidence: the medium or means by which a fact is proved or disproved
Filing an Information
- Probable cause or reasonable certainty of conviction needed to file an information
Issuance of Warrant of Arrest
- Probable cause (reasonable ground to believe a crime has been committed) needed to issue a warrant of arrest
Bail
- Evidence of guilt must be strong to deny bail when discretionary
Plea of Guilty
- Accused must voluntarily and fully comprehend the consequences of their plea to accept a plea of guilty to a capital offense
Demurrer to Evidence
- Evidence must be insufficient to sustain a conviction to grant demurrer to evidence
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