Criminal Law 2 Reviewer

UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW Bar Operations 2008 CRIMINAL LAW IIBar Operations Head Academics Head Arianne Reyes Henry Aguda Ryan Balisacan Sam Poblacion (C2010) Subject Head Subject Committee Aragones, Rusell (B2011) * Burkley, Fifi (C2010) * Catedral, Ralph (C2010) * Cunanan, Therese (B2011) * Dy, Michelle (D2011) * Geronimo, Luis (B2011) * Habacon, George (B2011) * Lecchio, Patrich (B2011) * Lorenzo, Johanna (B2011) * Peña, Charisse (B2011) * Sabitsana, Mims (C2011) * Zamora, Kring (B2011) Chino Baybay [Head] * Simoun Salinas [Deputy] * Rania Joya [Design & Lay-out] * Ludee Pulido [Documentations] * Linus Madamba * Des Mayoralgo * Jillian De Dumo * Mike Ocampo * Abel Maglanque * Edan Marri R. Cañete Information Management Committee Criminal Law 2 TITLE I: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS CRIMES AGAINST FUNDAMENTAL LAWS OF THE STATE CRIMES AGAINST PUBLIC ORDER CRIMES AGAINST PUBLIC INTEREST COMPREHENSIVE DANGEROUS DRUGS ACT CRIMES AGAINST PUBLIC MORALS CRIMES COMMITTED BY PUBLIC OFFICERS 1 TITLE II: TITLE III: TITLE IV: TITLE V: TITLE VI: TITLE VII: 6 13 27 38 41 46 66 79 94 116 126 128 133 135 138 140 144 TITLE VIII: CRIMES AGAINST PERSONS TITLE IX: TITLE X. TITLE XI: CRIMES AGAINST PESONAL LIBERTY AND SECURITY CRIMES AGAINST PROPERTY CRIMES AGAINST CHASTITY TITLE XII: CRIMES AGAINST THE CIVIL STATUS OF PERSONS TITLE XIII: CRIMES AGAINST HONOR TITLE XIV: QUASI-OFFENSES APPENDIX1: RA 9327 (The Human Security Act of 2007) APPENDIX II: CASE UDPATES APPENDIX III: SUGGESTED ANSWERS TO THE 07 BAR QUESTIONS APPENDIX IV: Q&A Conspiracy and proposal to commit treason (Art. Treason (Art. OR b. Corresponding with hostile country (Art. or 2. which can be committed in times of peace: (1) Espionage. 121) 5. under Article 118 – This can be committed even if the Philippines is not a participant. A.I. Elements 1. 2. Intent is to deliver the country in whole or in part to the enemy. When we say national security. 616 which punishes conspiracy to commit espionage. ARTICLE 114 TREASON IMPORTANT POINTS TO REMEMBER: The crimes under this title can be prosecuted even if the criminal act or acts were committed outside the Philippine territorial jurisdiction. Violation of neutrality (Art. prosecution can proceed only if the offender is within Philippine territory or brought to the Philippines pursuant to an extradition treaty. 3. 100% UP LAW UP BAROPS 2008 Page 1 of 155 . CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS CRIMINAL LAW II TITLE I: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS Crimes against national security: 1. as there is a need to bring the offender here before he can be made to suffer the consequences of the law. There is a war in which the Philippines is involved. giving them aid or comfort within the Philippines or elsewhere IMPORTANT POINTS TO REMEMBER IN THIS ARTICLE Requirements of levying war 1. In the case of crimes against the law of nations. it should be interpreted as including rebellion. Testimony of at least two witnesses to the same overt act. Flight to enemy’s country (Art. Inciting to war or giving motives for reprisals (Art. 117) Crimes against the law of nations: 1. the offender can be prosecuted whenever he may be found because the crimes are regarded as committed against humanity in general. under Article 114 – This is also covered by Commonwealth Act No. but it can not be tried under foreign law. except the following. 220) 4. Collaboration with foreign enemy or some foreign sovereign Two ways of proving treason 1. Actual assembling of men. 119) 3. However. Misprision of treason (Art. The acts against national security may be committed abroad and still be punishable under our law. Offender is a Filipino or resident alien. o Relevant cases: Flor Contemplacion (1995) Abner Afuang (3)Violation of Neutrality. 116). 114) 2. Offender either – a. 122) Almost all of these are crimes committed in times of war. (2) Inciting to War or Giving Motives for Reprisals. sedition and subversion. 3. Treason and Espionage 1. and 4. under Article 119 – The Philippines is not a party to a war but there is a war going on. Confession of accused in open court. 115) 3. 2. Espionage (Art. To execute a treasonable design by force. adheres to the enemies. Crimes against national security can be tried only in the Philippines. 118) 2. Piracy in general and mutiny on the high seas (Art. LEVIES WAR AGAINST THE GOVERNMENT. and 4. Article 20 does not apply here. By entering. ARTICLE 117 ESPIONAGE ACTS PUNISHED 1. levy government. Offender enters any of the places mentioned. IMPORTANT POINT TO REMEMBER: Misprision of treason is a crime that may be committed only by citizens of the Philippines. photographs or other data of a confidential nature relative to the defense of the Philippines. or b. ARTICLE 116 MISPRISION OF TREASON Elements 1. giving them aid or comfort. 2. 4. The essence of the crime is that there are persons who conspire to commit treason and the offender knew this and failed to make the necessary report to the government within the earliest possible time. Under the Revised Penal Code. They decide to commit it. There is a war in which the Philippines is involved. He has in his possession the articles. He has knowledge of conspiracy to commit treason against the government. Offender owes allegiance to the government. b. He conceals or does not disclose and make known the same as soon as possible to the governor or fiscal of the province in which he resides.I. which he had in his possession by reason of the public office he holds. or the mayor or fiscal of the city in which he resides. will already negate criminal liability. fort or naval or military establishment or reservation to obtain any information. Elements of proposal to commit treason 1. He has no authority therefore. 100% UP LAW UP BAROPS a. Blood relationship is always subservient to national security. Offender is a public officer. b. 3. Any person in authority having the equivalent jurisdiction (of a mayor. Elements a. He proposes its execution to some other persons. levy government. and not a foreigner. by reason of the public office he holds. photograph or other data of a confidential nature relative to the defense of the Philippines. fiscal or governor). b. ARTICLE 115 CONSPIRACY AND PROPOSAL TO COMMIT TREASON Elements of conspiracy to commit treason 1. without authority therefore. c. or to the enemies. 2. What is required is to report it as soon as possible. Elements a. There is a war in which the Philippines is involved. 3. c. He discloses their contents to a representative of a foreign nation. 2. data or information referred to in paragraph 1 of Article 117. At least two persons come to an agreement to – war against the a. COMMONWEALTH ACT 616 (ESPIONAGE LAW): AN ACT TO PUNISH ESPIONAGE AND OTHER OFFENSES AGAINST NATIONAL SECURITY Acts punished 2008 Page 2 of 155 . By disclosing to the representative of a foreign nation the contents of the articles. c. His purpose is to obtain information. At least one person decides to – war against the a. adhere to the enemies. plans. The criminal liability arises if the treasonous activity was still at the conspiratorial stage. 2. data or information referred to in paragraph 1 of Article 117. c. plans. there is no crime of misprision of rebellion. adhere giving them aid or comfort. CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS CRIMINAL LAW II 2. like a provincial commander. a warship. directly or indirectly. or promise expressly or impliedly to make any such contribution. In the legal representation of a foreign principal before any court or government agency: Provided. 2. 3. Exemptions. Unlawful disclosing of information affecting national defense. to make. scholastic. 100% UP LAW UP BAROPS policies or relations of foreign country or of a political party or pertaining to the foreign or domestic policies of the Philippines. That for purposes of this subsection. directly or indirectly. However. Conspiracy to violate preceding sections. any of the contributions. fee or other remuneration of such agent is contingent in whole or in part upon the success of any political activity carried out by such agent. legal representation does not include attempts to influence or persuade government personnel or officials other than in the course of their ordinary official business. BP CRIMINAL LAW II 39 (FOREIGN AGENTS ACT OF 1979) For reasons of national Purpose: security and interest. agreement. the government may employ any foreign agent: Provided. from any foreign agent or from a foreign principal. or receive. b. c. 2. 4. religious. In activities in furtherance of bona fide charitable. c.I. b. 3. Harboring or concealing violators of law. caucus or other process to select candidates for any political office. either express or implied. That the head of the employing agency certifies that such employment is required in the national interest. It shall be unlawful for any person in the Philippines to solicit. 5. 3. any contribution of money or other thing or value. Unlawful Acts: 1. It shall be unlawful for any public officer or employee or his spouse to act as a foreign agent. to be a party to any contract. or promises to make such contributions. A certification issued under this paragraph shall be forwarded by the head of such agency to the Minister who shall cause the same to be filed along with the registration statement and other documents filed by such agent. with a foreign principal pursuant to which the amount or payment of the compensation. to transmit. in connection with any convention. Unlawfully obtaining or permitting to be obtained information affecting national defense. or understanding. this act shall regulate the activities of foreign agents and require them to register and disclose their political activities in the Republic of the Philippines. accept. 2. artistic or scientific pursuits. or to request from any agency or official for or in the interest of such foreign principal any information or advice pertaining to any political or public interests. It shall be unlawful for any person within the Philippines who is a foreign agent: a. and 6. referred to in subsection (c) of this Section. This Act shall not apply to any person engaging or agreeing to engage only — 1. Disloyal acts or words in times of war. convey. In private and non-political activities in furtherance of the bona fide trade or commerce of a foreign principal. academic. PD 1069 (THE PHILIPPINE EXTRADITION LAW) Aims of Extradition: Extradition may be granted only pursuant to a treaty or convention. unless the propaganda being issued or the request being made is prefaced or accompanied by a true and accurate statement to the effect that such person is registered as a foreign agent under this Act. so that the government and the people of the Philippines may be informed of their identity and may appraise their statements and actions. or otherwise furnish to any agency or official of the government for or in the interest of a foreign principal any political propaganda. and with a view to: 2008 Page 3 of 155 . i. CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS 1. Disloyal acts or words in times of peace. 3. A request for provisional arrest shall be sent to the Director of the National Bureau of Investigation. at a time and place to be determined by the Secretary of Foreign Affairs. as soon as practicable. ARTICLE 119 VIOLATION OF NEUTRALITY Elements 1. may request for the extradition of any accused who is or suspected of being in the territorial jurisdiction of the Philippines. Immediately upon receipt of the petition.I. 2. after consultation with the foreign diplomat of the requesting state or government. Provoking War and disloyalty in case of war 1. There is a war in which the Philippines is not involved. By whom made. Offender performs unlawful or unauthorized acts. • Any foreign state or government with which the Republic of the Philippines has entered into extradition treaty or convention that remains in force. shall be promptly served each upon the accused and the attorney having charge of the case. The order and notice as well as a copy of the warrant of arrest. In the hearing. Issuance of Summons. Request. the provisions of the Rules of Court insofar as practicable and not inconsistent with the summary nature of the proceedings. There is a regulation issued by a competent authority to enforce neutrality. Service of Notices. IV. 2. either through the diplomatic channels or direct by post or telegraph. Surrender of Accused. Offender violates the regulation. Manila. a war involving or liable to involve the Philippines. • The request shall be made by the Foreign Diplomat of the requesting state or government. Requirements. CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS 1. the accused shall be placed at the disposal of the authorities of 100% UP LAW UP BAROPS 2008 Page 4 of 155 . if issued. or 2. addressed to the Secretary of Foreign Affairs. 2. ARTICLE 118 INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS Elements 1. B. A criminal investigation instituted by authorities of the requesting state or government charging the accused with an offense punishable under the laws both of the requesting state or government and the Republic of the Philippines by imprisonment or other form relevant extradition treaty or convention. CONST. After the decision of the court in an extradition case has become final and executory. The acts provoke or give occasion for – a. Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law. with such duration as that stipulated in the relevant extradition treaty or convention. CRIMINAL LAW II the requesting state or government. to be served in the jurisdiction of and as a punishment for an offense committed by the accused within the territorial jurisdiction of the requesting state or government. exposure of Filipino citizens to reprisals on their persons or property. the presiding judge of the court shall. shall apply to extradition cases. summon the accused to appear and to answer the petition on the day and hour fixed in the order. Hearing. ART. Provisional Arrest. The execution of a prison sentence imposed by a court of the requesting state or government. Nature and Conduct of Proceedings. 2. or b. Temporary Arrest. 1. SECTION 5. or notice or c. There is still the crime of abetting piracy in Philippine waters under Presidential Decree No. C. Going to the enemy country is prohibited by competent authority. whether committed in the high seas or in Philippine territorial waters. but only theft. prohibited by the government. its equipment or personal belongings of its complement or passengers. Offender attempts to flee or go to enemy country. Republic Act No. Offenders either – a. OTHER SPECIAL PENAL LAWS. the crime of piracy cannot be committed. but not mutiny. It is in time of war in which the Philippines is involved. The correspondence is either – a. But if the taking is without violence or intimidation on persons of force upon things. 2. 532 and now punishes piracy. Seizing in the vessel while on the high seas or in Philippine waters the whole or part of its cargo. c. 4. carried conventional signs. punishing piracy. ARTICLE 120 CORRESPONDENCE WITH HOSTILE COUNTRY Elements 1. 2. • Thus came about two kinds of piracy: (1) that which is punished under the Revised Penal Code if committed in the high seas. therefore. PIRACY is humanity generis) a crime against (hostes humanes 4. 3. ARTICLE 122. cannot be committed on board a vessel. Piracy and Mutiny on the High Seas or in Philippine Piracy Waters and Qualified 1. ARTICLE 121 LIGHT TO ENEMY'S COUNTRY Elements 1. in Philippine territorial waters. PIRACY IN GENERAL AND MUTINY ON THE HIGH SEAS OR IN PHILIPPINE WATERS Elements of piracy 1. 7659 (AN ACT TO IMPOSE THE DEATH PENALTY ON CERTAIN HEINOUS CRIMES. Presidential Decree No. AND FOR OTHER PURPOSES) • • amended Presidential Decree No. 2. 3. Acts punished as piracy 1.I. on in ciphers or b. There is a war in which the Philippines is involved. 532. 2. seize in the vessel while on the high seas or in Philippine waters the whole or part of its cargo. Offenders are neither members of its complement nor passengers of the vessel. Offender makes correspondence with an enemy country or territory occupied by enemy troops. Piracy cannot co-exist with the crime of robbery. Offender must be owing allegiance to the government. 3. its equipment or personal belongings of its complement or passengers. 532 (The AntiPiracy and Anti-Highway Robbery Law of 1974) Was issued in August 1974. containing information which might be useful to the enemy. CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS CRIMINAL LAW II 3. • • • IMPORTANT POINT TO REMEMBER 100% UP LAW UP BAROPS 2008 Page 5 of 155 . as well as mutiny. AS AMENDED. The vessel is on the high seas or Philippine waters. and the penalty has been increased to reclusion perpetua from reclusion temporal. Attacking or seizing a vessel on the high seas or in Philippine waters. Robbery. AMENDING FOR THAT PURPOSE THE REVISED PENAL CODE. or b. attack or seize a vessel on the high seas or in Philippine waters. and (2) that which is punished under Presidential Decree No. 532 if committed in Philippine territorial waters. There is intent to gain. (2)usurping or seizing control of an aircraft of foreign registry while within Philippine territory. Offenders either – a. or passengers of the vessel. piracy is qualified. b. physical injuries or rape. there is also the crime of qualified mutiny. Murder. Mutiny is qualified under the following circumstances: (1)When the offenders abandoned the victims without means of saving themselves. • The important thing is that before the anti hi-jacking law can apply. If not in flight. any flammable. compelling the pilots thereof to land in any part of Philippine territory.I. CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS CRIMINAL LAW II 2. or b. or physical injuries. corrosive.. Although in Article 123 merely refers to qualified piracy. murder. IMPORTANT POINTS TO REMEMBER IN THIS ARTICLE If any of the circumstances in Article 123 is present. this crime is known as aircraft piracy. In other countries. 6235 (THE ANTI HI-JACKING LAW) Anti hi-jacking is another kind of piracy which is committed in an aircraft. REPUBLIC ACT NO. Four situations governed by anti hijacking law: (1)usurping or seizing control of an aircraft of Philippine registry while it is in flight. 2. 4. whenever the pirates have abandoned their victims without means of saving themselves. whatever crimes committed shall be governed by the Revised Penal Code. explosive. or personal belongings of the crew or passengers. or (2)When the mutiny is accompanied by rape. or poisonous substance if this was done not in accordance with the rules and regulations set and promulgated by the Air Transportation Office on this matter. QUALIFIED PIRACY Elements 1. shipping. corrosive. attack or seize the vessel. Offenders may or may not be members of its complement. explosive. physical injuries are mere circumstances qualifying piracy and cannot be punished as separate crimes. or transporting on board a cargo aircraft operating as a public utility in the Philippines. rape. whenever accompanied by murder. homicide. whenever they have seized a vessel by boarding or firing upon the same. The preceding were committed under any of the following circumstances: a. (3)carrying or loading on board an aircraft operating as a public utility passenger aircraft in the Philippines. 1. ARTICLE 123. or the crime is c. homicide. 3. homicide. the aircraft must be in flight. The vessel is on the high seas or Philippine waters. compelling the pilots thereof to change the course or destination of the aircraft. 100% UP LAW UP BAROPS 2008 Page 6 of 155 . seize the whole or part of the cargo. or poisonous substance. Note that the first circumstance which qualifies piracy does not apply to mutiny. any flammable. and (4)loading. its equipment. nor can they be complexed with piracy. iii. In a case decided by the Supreme Court a Barangay Chairman who unlawfully detains another was held to be guilty of the crime of arbitrary detention. • The crime committed is only grave or light threat if the offended party may still go to the place where he wants to go. 1987). and dissolution of peaceful meetings (Art. 130). Salanga. Delaying release (Art. 125). Violation of domicile (Art. 3. 129). IMPORTANT POINTS TO REMEMBER ABOUT THIS ARTICLE: A public officer is deemed such when he is acting within the bounds of his official authority or function. 6. 9. meaning – i. even though there have been warnings. 18. Prohibition.Offending the religious feelings (Art. If the offender falsely imputes a crime against a person to be able to arrest him and appear not determined to file a charge against him. Interruption of religious worship (Art. 127). 2. Having arrested the offended party for legal grounds but without warrant of arrest. OR 2)Public UNLAWFUL ARREST Any person Crimes under this title are those that violate certain provisions in the Bill of Rights. 8. • A police officer who employs force in excess of what is necessary is acting outside the bounds of his duties and is considered acting in his private capacity (Boado.II. Comprehensive Reviewer in Criminal Law). 2. Offend er 100% UP LAW UP BAROPS 2008 Page 7 of 155 . Delay in the delivery of detained persons to the proper judicial authorities (Art. ARTICLE 124. A. CRIMES AGAINST FUNDAMENTAL LAWS OF THE STATE TITLE II: CRIMES AGAINST FUNDAMENTAL LAWS OF THE STATE 1. ARTICLE 133 can be committed by EITHER a public officer OR a private person. • This is because he is a person in authority vested with jurisdiction to maintain peace and order within his barangay (Milo v. 128). 132). Delaying release by competent authority with the same period mentioned in number 2. or 3. and the public officer does not deliver the arrested person to the proper judicial authority within the period of 12. ARBITRAR Y DETENTIO N Public officer who has authority to make ILLEGAL DETENTI ON 1)Privat e person. 133) IMPORTANT POINTS ABOUT THIS TITLE: TO REMEMBER CRIMINAL LAW II The crime of arbitrary detention assumes several forms: 1. 4. 131). Comprehensive Reviewer in Criminal Law). 5. or 36 hours. The primary offender in ARTICLES 124132 is a public officer acting under supposed exercise of official functions. Expulsion (Art. ARBITRARY DETENTION Elements: 1) Offender is a public officer or employee. Search warrants maliciously obtained and abuse in the service of those legally obtained (Art. 3) The detention is without legal grounds. the crime is arbitrary detention through unlawful arrest (Boado. albeit illegally. Detainee is not violently insane. 2) He detains a person. they would be liable under TITLE IX (Crimes Against Personal Liberty and Security). ii. Searching domicile without witnesses (Art. The person detained has no ailment which requires compulsory confinement in a hospital. Arbitrary detention (Art. Detaining a person without legal grounds. • A private person may be liable under these articles ONLY WHEN he: o Conspires with a public officer. 7. No crime was committed by the detained. interruption. 124). 10. as the case may be. There must be an actual restraint of liberty of the offended party. OR o Becomes an accomplice or accessory to said crimes If these crimes are committed by private persons alone. 126). Arbitrary Detention and Expulsion 1. DETAINED.turning over the person arrested to the jurisdiction of the court). the investigating officer must provide him with one. deliver him to the proper authorit y. ARTICLE 125. o The interrogation is inculpatory in character. The periods stated are counted only when the prosecutor’s office is ready to receive the complaint or information. People v. 3. in a language known to and understood by him. CASES: 1. Sayo v. Chief of Police (1948) • “Deliver” means the filing of correct information with the proper court (or constructive delivery --. 18 hours for correctional penalties. the same can be easily taken. and iii. 12 hours for light penalties. Tan (1998) • The elements of custodial investigation are: o The suspect is deprived of liberty in any significant manner. detained. 2) He detains a person for some legal ground. • Detention becomes arbitrary when the o applicable period lapses 100% UP LAW UP BAROPS . and file the necessar y charges to incrimin ate him 2. Demetriou (1993) • Where the invitation comes from a powerful group composed predominantly of ranking military officers and the designated interrogation site is a military camp. 3) He fails to deliver such person to the proper judicial authorities within – i. the detention is legal since it is in the pursuance of a lawful arrest. NOT as a strictly voluntary invitation. At the beginning.II. OR UNDER CUSTODIAL INVESTIGATION. Sanchez v. 2008 Page 8 of 155 IMPORTANT POINTS TO REMEMBER ABOUT THIS ARTICLE: This is applicable ONLY WHEN the arrest is without a warrant. • Nighttime is NOT included in the period. o The interrogation is initiated by law enforcement authorities. o It is an authoritative command that one can only defy at his peril. DUTIES OF PUBLIC OFFICERS Be informed. of his rights to remain silent and to have competent and independent counsel Be assisted by counsel at all times • Preferably of his own choice o If the person arrested. 2. or under custodial investigation cannot afford the services of counsel. o Purpose is to determine whether the offense is bailable or not. Crimin al intent Deny the offended party of his liberty Accuse the offended party of a crime he did not commit. 36 hours for afflictive or capital penalties RA 7438: RIGHTS OF PERSONS ARRESTED. DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER JUDICIAL AUTHORITIES Elements: 1) Offender is a public officer or employee. CRIMES AGAINST FUNDAMENTAL LAWS OF THE STATE arrests and detain persons officer who is acting in a private capacity or beyond the scope of his official duty Deny the offended party of his liberty o CRIMINAL LAW II without the arresting officer filing a formal charge with the proper court. ii. the proceedings upon a petition for the release of such person. Marcos v. • It shall be signed by the person in the presence of his counsel. Municipal mayor. expels any person from the Philippines.II. o parent or child. EXPULSION Elements: 1) Offender is a public officer or employee. Any waiver by a person arrested or detained under the provisions of Article 125 of the Revised Penal Code. Spouse. in the presence of any of the following: Parents. Any extrajudicial confession made by a person arrested. Villavicencio v. such investigation report shall be null and void and of no effect whatsoever. o fiancé or fiancée. 4. Elements: 1) Offender is a public officer or employee. 2) He either – i. AND o guardian or ward • Any medical doctor OR priest OR religious minister o Chosen by him. 2) There is a judicial or executive order for the release of a prisoner or detention prisoner. shall be in writing and signed by such person in the presence of his counsel. detained or under custodial investigation shall be in writing. • Its contents shall be read and adequately explained by the counsel to the person arrested or detained BEFORE he signs or puts his thumbmark thereto. or by his counsel Any national non-governmental organization duly accredited by the Commission on Human Rights or the Office of the President. o nephew or niece. 3) Offender is not authorized to do so by law. o grandparent or grandchild. CRIMES AGAINST FUNDAMENTAL LAWS OF THE STATE CRIMINAL LAW II • Counsel shall at all times be allowed to confer privately with the person Be visited by or have conferences with: • Any member of his immediate family. municipal judge. compels a person to change residence. OR iii. UP CASES: 1. DELAYING • The custodial investigation report shall be reduced to writing by the investigating officer. Lukban (1919) • The city mayor of Manila committed the crime of expulsion when he ordered certain prostitutes to be transferred to Davao WITHOUT observing due processes since they have not been charged with any crime. • Otherwise. of such ii. confession shall be inadmissible as evidence in any proceeding. o In the absence of counsel AND upon a valid waiver. the performance judicial or executive order for the release of the prisoner. the service of the notice of such order to the prisoner. 3) Offender without good reason delays – i. district school supervisor. o brother or sister. ARTICLE 127. or by any member of his immediate family. which INCLUDES – o spouse. OR Priest or minister of the gospel as chosen by the person • such extrajudicial Otherwise. OR A proceeding upon a petition for the liberation of such person. o uncle or aunt. or ii. 3. Manglapus (1989) • The request or demand of the Marcoses to be allowed to return to the Philippines cannot be considered in light solely of the constitutional provisions guaranteeing liberty of abode and 100% UP LAW BAROPS 2008 Page 9 of 155 . Elder brothers and sisters. or under custodial investigation. 2. ARTICLE RELEASE 126. AND • Consented warrantless search. To enter the dwelling. 2) He is not authorized by judicial order – i. OR iii. Elamparo (2000)1. without just cause. There is no just cause. or two witnesses residing in the same locality are not present. or 2) If any papers or effects not constituting evidence of a crime are not returned immediately after the search made by offender IMPORTANT POINTS ABOUT THIS ARTICLE: TO REMEMBER ARTICLE 130. He has legally procured a search warrant. • The public officer should have first given notice of an arrest. • Search of moving vehicles. 129-130) SEARCH B. RULE 116: SEARCH AND SEIZURE A search warrant is an order in writing • Signed by a judge • Directed to a peace officer. CA. SEARCH WARRANTS MALICIOUSLY OBTAINED. iii. He exceeds his authority or uses unnecessary severity in executing the same. CRIMES AGAINST FUNDAMENTAL LAWS OF THE STATE the right to travel which are neither absolute nor inflexible. Offender is a public officer or employee. ARTICLE 128. Offender is a public officer or employee. 2. Under RULE 113 OF THE REVISED RULES OF COURT a public officer. unnecessary severity in executing a search warrant legally procured. ii. commanding him to search for personal property described therein and bring it before the court Requisites for issuing a search 1 warrant: Compare these two to the earlier case: Malacat v. • Evidence in plain view. To make a search therein for papers or other effects. • Customs searches. 3) He searches the domicile. Comprehensive Reviewer in Criminal Law).II. iii. 2) He is armed with search warrant legally procured. VIOLATION OF DOMICILE Elements: 1) Offender is a public officer or employee. • Considering the unusual circumstances and the attendant national security issues. UNLAWFUL USE OF WARRANTS (Arts. Elements: i. 1. Doria (1999) and People vs. ii. or any members of his family. 4) The owner. UP BAROPS 2008 100% UP LAW Page 10 of 155 . incurs no liability WHEN a person to be arrested enters said premise and closes it thereafter. or ii. CRIMINAL LAW II Stop and frisk is no longer included. SEARCHING DOMICILE WITHOUT WITNESSES Elements: 1) Offender is a public officer or employee. Elements: i. December 1997. Exceeding his authority or using 2. Violation of Domicile ARTICLE 129. the following are the accepted exceptions to the warrant requirement: • Search incidental to an arrest. He procures a search warrant. papers or other belongings of any person. who breaks into the premise. “Against the will” means that the offender ignored the prohibition of the owner which may be express or implied as when the door is closed even though not locked (Boado. According to People vs. He refuses to leave. AND ABUSE OF SERVICE OF THOSE LEGALLY OBTAINED Acts punished Procuring a search warrant 1. after having surreptitiously entered such dwelling and been required to leave the same Qualifying Circumstances: 1) If committed at nighttime. the matter can be appropriately addressed by the residual powers of the president which are implicit in and correlative to the paramount duty residing in that office to safeguard and protect general welfare. a public officer or law enforcer can stop or dissolve the meeting. Comprehensive Reviewer in Criminal Law). prohibiting or hindering any person from addressing. CRIMES AGAINST FUNDAMENTAL LAWS OF THE STATE • Probable cause. to be determined personally by the judge o AFTER examination under oath or affirmation of the complainant and the witness he may produce Particular description of – o Place to be searched. The officer seizing the property under the warrant must give a detailed receipt for the same to the lawful occupant of the premises in whose presence the search and seizure were made. the government only has regulatory. If in the course of the assembly. powers with regard to such requirement. and place of the gathering. OR the officer dictates the place where the meeting is to be held. the participants commited illegal acts like oral defamation or inciting to sedition. Stricter rule. PROHIBITION. • The warrant must direct that it be served in the day time. • HOWEVER. the officer must leave a receipt in the place in which he found the seized property in the presence of at least two witnesses of sufficient 100% UP LAW UP D. IMPORTANT POINTS TO REMEMBER ABOUT THIS ARTICLE: The government has a right to require a permit before any gathering could be made. iii.II. Crimes against Religious Worship BAROPS 2008 Page 11 of 155 . NOT PROHIBITORY. it can be served at any time of the day or night WHEN the affidavit asserts that the property is on the person or in the place ordered to be searched. either alone or together with others. hindering any person from joining any lawful association. A search warrant shall be valid for ten (10) days from its date. AND o Things to be seized which may be anywhere in the Philippines CRIMINAL LAW II age and discretion residing in the same locality. Two criteria to determine whether this article would be violated: – • Dangerous tendency rule applicable in times of national unrest such as to prevent coup d’etat. The permit should state the day. • His purpose is to execute the warrant to liberate himself or any person lawfully aiding him when unlawfully detained therein. • In the absence of such occupant. without legal ground. this article is VIOLATED. If the permit is denied arbitrarily. any petition to the authorities for the correction of abuses or redress of grievances. The search was made when the occupants were absent and the search is conducted without at least 2 witnesses residing in the locality where the search was made (Boado. the holding of a peaceful meeting. C. prohibiting or by interrupting. • Clear and present danger rule – applied in times of peace. ii. INTERRUPTION AND DISSOLUTION OF PEACEFUL MEETINGS Elements: 1) Offender is a public officer or employee. ARTICLE 131. or attending any of its meetings. • An officer may break open any outer or inner door or window of a house or any part of a house or anything therein WHEN these circumstances concur: • He is refused admittance to the place of directed search. which started out peacefully. in connection with one specific offense. He has given notice of his purpose and authority. or by dissolving the same. 2) He performs any of the following acts: i. time. • HOWEVER. • He employed excessive severity or destruction in the house. • EVEN IF the search warrant is valid there is violation of domicile in the following situations where: • The officer exceeded his authority under the search warrant. Laurel Dissent: The determination should NOT be made to depend upon more or less broad or narrow conception of any given religion. Facts and circumstances should be UP BAROPS 2008 Page 12 of 155 • 100% UP LAW . 2) The acts must be notoriously offensive to the feelings of the faithful.II. viewed through an unbiased judicial criterion. INTERRUPTION OF RELIGIOUS WORSHIP Elements: 1) Offender is a public officer or employee. Tengson. People v. 2. Baes (1939) • An act is NOTORIOUSLY OFFENSIVE to the religious feelings when a person: o ridicules or makes light of anything constituting a religious dogma o works or scoffs at anything devoted to religious ceremonies o plays with or damages or destroys any object or veneration by the faithful • WON an act is offensive to the religious feelings. ARTICLE 132. Qualified if committed by violence or threat. People v. 3) Offender prevents or disturbs the same. ARTICLE 133. o This later became the majority decision in People v. OR during the celebration of any religious ceremony. CRIMES AGAINST FUNDAMENTAL LAWS OF THE STATE CRIMINAL LAW II 1. OFFENDING THE RELIGIOUS FEELINGS Elements: complained of were 1) Acts performed in a place devoted to religious worship. 2. o What happened in this case was that a Catholic priest complained against a group that passed by the churchyard as they were holding the funeral rites of a Church of Christ member. ceremonies or 2) Religious manifestations of any religious are about to take place or are going on. CASES: 1. is a question of fact which must be adjudged only according to the feelings of the Catholics and not those of other faithful ones. Nanoy • The crime is only UNJUST VEXATION when the act is NOT directed to the religious belief itself and there is no intention of causing so serious a disturbance as to interrupt a religious ceremony. There is a public uprising and taking arms against the government.Violation of parliamentary immunity (Art. Disloyalty to public officers or employees (Art. 6. 160). Rebellion cannot be complexed with. Rebellion or Insurrection Art. 138). 142). Sedition (Art.Unlawful use of means of publication and unlawful utterances (Art. 139).Direct assaults (Art. Inciting to sedition (Art. A. CRIMES AGAINST PUBLIC ORDER TITLE III: CRIMES AGAINST PUBLIC ORDER 1. Jr. 158).Indirect assaults (Art. 154). 143).Commission of another crime during service of penalty imposed for another previous offense (Art. 22.Tumults and other disturbances of public order (Art. to deprive the Chief Executive or Congress. 159). 156). 137). 13. 8. Jr. 155). Conspiracy and proposal to commit rebellion (Art. citing 30 Am.Illegal associations (Art. of 100% UP LAW UP CRIMINAL LAW II any of their prerogatives. 17. 12.Disobedience to summons issued by Congress. 15. 18. to remove from the allegiance to the government or its laws Philippine territory or any part thereof. 5.Violation of conditional pardon (Art. 134 Always involves taking up arms against the government. 9. 10. etc. Difference Between Rebellion and Treason Rebellion The levying of war against the government during peace time for any purpose mentioned in Art.Evasion on occasion of disorders (Art. 24. 19. 3. etc. its committees.Alarms and scandals (Art. There is no complex crime of rebellion with murder and other common crimes. The purpose of the uprising or movement is – a. 149). 150). or b. 134).Resistance and disobedience to a person in authority or the agents of such person (Art. Rebellion is not covered by Art. 2. citing 30 Am.Evasion of service of sentence (Art. 21. 145). Acts tending to prevent the meeting of Congress and similar bodies (Art. 134: Rebellion/Insurrection Elements: 1. 2. Rebellion or insurrection (Art. 7. 141). 23. Inciting to rebellion (Art. 153). 146). Coup d’ Etat. or any body of land. 1) There is no crime of misprision of rebellion. by the constitutional commissions. 136). 144). 4. Disturbance of proceedings of Congress or similar bodies (Art. 2 on extraterritorial jurisdiction. Difference Subversion between Treason The levying of war against the government would constitute treason when performed to aid the enemy Mere adherence to the enemy giving him aid and comfort Rebellion and Rebellion Crime against pubic order There must be public uprising to overthrow the government Subversion Crime against national security Being officers and ranking members of subversive groups constitute subversion Rebellion and Difference Sedition between Rebellion There must be taking up or arms against the 2008 Sedition It is sufficient that the public uprising be tumultuous. or other armed forces. 157). 151). Rebellion.Illegal assemblies (Art. or to prevent the exercise of governmental authority with respect to particular matters or subjects (Reyes. Page 13 of 155 BAROPS . 20. 16. 148). (Art. 147).Delivering prisoners from jails (Art. 1) Insurrection—more commonly employed in reference to a movement which seeks merely to effect some change of minor importance. Conspiracy to commit sedition (Art. 14.III. but absorbs other crimes committed in furtherance of rebellion. IMPORTANT POINTS ABOUT THIS ARTICLE: TO powers or REMEMBER Rebellion—more frequently used where the object of the movement is completely to overthrow and supersede the existing government (Reyes.. Sedition and Disloyalty 1. its committees. wholly or partially. naval. 11. “when reason. the penalty for the more serious offense in its maximum period shall be imposed. Ponce Enrile v Amin (1990) All crimes. People v. 4. Penalty for Rebellion. Lovedioro (1995) The political motive of the act should be clearly demonstrated. communication networks. intimidation. the Court ruled that rebellion cannot be complexed with common crimes. Offender is a person or persons belonging to the military or police or holding any public office or employment. 135) Insurrection or Persons liable for insurrection or coup d' etat rebellion. the accused should be convicted of the common crime not of rebellion. It is committed by means of a swift attack accompanied by violence. of an of the crimes penalized in this Chapter. violation. (In Hernandez. immobilize.III. or paralyze the existing government by taking over such facilities essential to the continued exercise of governmental powers. It may collectively be committed singly or Requires as a principal offender a member of the AFP. Coup d’ etat IMPORTANT POINTS ABOUT THIS ARTICLE: TO REMEMBER Essence of the crime: Swift attack against the government. strategy or stealth (Boado.) Why? • There are no new challenges presented to the Court that are persuasive enough to merit the reversal of Hernandez. The leaders – a. The purpose of the attack is to seize or diminish state power. By enacting a new provision in the RPC which states that.” she has reinstated Hernandez as binding. 2. 3. maintains or heads a rebellion or insurrection. which are mere components or ingredients. 1. its military camps an installations. • President Aquino repealed PD 942 which sought to nullify Hernandez. acts which constitute offenses upon which graver penalties are imposed by law are committed. 2. Any person who promotes. Comprehensive Reviewer in Criminal Law). whether punishable under special a or general law. strategy or stealth. PNP. Committed through force. Enrile v Salazar (1990) The doctrine laid down in People v Hernandez remains good law. or 100% UP LAW UP BAROPS 2008 Page 14 of 155 . or any military camp or installation. become absorbed in the crime or rebellion and cannot be isolated and charged as separate crimes themselves. threat. or a public officer with or without civilian support Objective: To destabilize. The purpose may be political or social. CRIMINAL LAW II Article 134-A: Coup d’ Etat The purpose is always political. 3. threat. The attack is directed against the duly constituted authorities of the Republic of the Philippines. Coup d’ etat (Art. If this could not be done. Elements 1. or on the occasion. CRIMES AGAINST PUBLIC ORDER government. etc. public utilities or other facilities needed for the exercise and continued possession of power. intimidation. 2. or committed in furtherance thereof. Failing to resist a rebellion by all means in their power 2. Inciting to Rebellion or Insurrection Article 138.III. Continuing to discharge the duties of their office under the control of the rebels 3. omission is not If under the command of unknown leaders. execution of the crime uses secret 2008 Page 15 of 155 100% UP LAW UP BAROPS . 3. The person who The act of inciting proposes the is done publicly. Conspiracy and Proposal to Commit Rebellion. banners or other representations tending IMPORTANT POINT TO REMEMBER ABOUT THIS ARTICLE: Can only be committed by civilians who do not take part therein. signed receipts and other documents issued in their name on behalf of the rebels shall be deemed a leader. proclamations. and Proposal to commit rebellion. supports. insurrection or coup d' etat. Not a defense: The accused did not take the oath of allegiance to. Accepting appointment to office under the rebels. 136) There are two crimes punished here: Conspiracy to commit rebellion. any person who spoke for. The person who There is no need proposes has that the offender decided to commit has decided to rebellion. emblems. CRIMES AGAINST PUBLIC ORDER CRIMINAL LAW II 4. 2. The participants – a. directs or commands others to undertake a coup d' etat. Offender must not be in conspiracy with the rebels. 5. commit rebellion. The inciting is done by means of speeches. 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. 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. finances. or Coup d’Etat (Art. 3. or TO REMEMBER The crime presupposes rebellion committed by other persons. includes common crimes committed to achieve a political purpose. IMPORTANT POINTS ABOUT THIS ARTICLE: Mere silence punishable. Any person who leads. writings. Any person not in the government service who participates. Effect of conspiracy: Public officer is himself guilty of rebellion. Question: What is a political crime? Answer: Those directly aimed against the political order. abets or aids in undertaking a coup d' etat. b. Disloyalty of Public Officers or Employees Punishable acts: 1. Offender does not take arms or is not in open hostility against the government. or that thy never recognized the government. Difference Between Inciting to Rebellion and Proposal to Commit Rebellion Inciting to Proposal to Commit Rebellion Rebellion The offender induces another to commit rebellion. Decisive factor: Intent. Insurrection. IMPORTANT POINTS ABOUT THIS ARTICLE: TO REMEMBER b. He incites others to the execution of any of the acts of rebellion. Inciting to Rebellion or Insurrection Elements 1. Any person who participates or executes the commands of others in rebellion. or other means outside of legal methods. for any political or social end. 6. e. not aggravating. sedition absorbs the use of unlicensed firearm as an element thereof. 140) Persons liable for sedition under Article 140 1. Offenders rise publicly and tumultuously. 141) In this crime. CRIMES AGAINST PUBLIC ORDER means. 1. People v Cabrera • Definition of Sedition: The raising of commotions or disturbance in the State • No distinction! It is not necessary that the offender be a private citizen and the offended party a public functionary. To commit. please GO to page 15. CRIMINAL LAW II Comprehensive Reviewer in Criminal Law). they become principals by inducement in the crime of rebellion. IMPORTANT POINTS ABOUT THIS ARTICLE: TO REMEMBER Definition of Tumultuous: If caused by more than three persons who are armed or provided with the mans of violence The purpose of this crime is not the overthrow of the government but the violation of public peace. Purpose is to attain any of the following objects: a.III. 2. and the offender can no longer be prosecuted for illegal possession of firearm. hence. NOTE: In both. Difference Between Sedition and Treason Sedition It is the raising of commotions or disturbances in the State. 100% UP LAW UP BAROPS 2008 Page 16 of 155 . municipality or province. no proposal to commit d. Note: For differences between Sedition and Rebellion. (Boado. To prevent the national government or any provincial or municipal government. any act of hate or revenge against private persons or any social classes. intimidation. The leader of the sedition. Other person participating in the sedition. or the national government of all its property or any part thereof. To inflict any act of hate or revenge upon the person or property of any public officer or employee. Treason It is the violation by a subject of his allegiance to his sovereign. there must be an agreement and a decision to rise publicly and tumultuously to attain any of the objects of sedition. To prevent the promulgation or execution of any law or the holding of any popular election. Offenders employ force. any person. 8294. There is sedition. 3. Persons Liable for Sedition (Art. otherwise.A. Under R. Sedition Article 139: Sedition Elements: 1. 7. b. To despoil for any political or social end. or any public officer from exercising its or his functions or prevent the execution of an administrative order. Conspiracy to Commit Sedition (Art. the crime of rebellion should not be actually committed by the persons to whom it is proposed or who are incited. 2. c. therefore. Crimes Against Popular Representation 1. Offender does any of the following acts: a. 2. Article 142 is. Acts Tending to Prevent the Meeting of the Assembly and Similar Bodies Article 142: Inciting to Sedition Acts punished 1. Considering that the objective of sedition is to express protest against the government and in the process creating hate against public officers. They tend to instigate others to cabal and meet together for unlawful purposes 3.. IMPORTANT POINTS ABOUT THIS ARTICLE: TO REMEMBER Article 143. Elements of Act No. Disturbance of Proceedings Elements 1. Acts No. or circulating scurrilous libels against the government or any of the duly constituted authorities thereof. He behaves while in the presence of any such bodies in such a manner as to interrupt its proceedings or to impair the respect due it. 3. or of any provincial board or city or municipal council or board. place. CRIMES AGAINST PUBLIC ORDER 8. unmistakable tendency of the play. emblems. etc. b. writings. 2. proclamations. 2. in view of the time. Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches. There is a meeting of Congress or any of its committees or subcommittees. Offender. and manner of its presentation. Writing. any act that will generate hatred against the government or a public 100% UP LAW UP BAROPS . Offender does not take direct part in the crime of sedition. was to inculcate a spirit of hatred and enmity against the American people and the Government of the US in the Philippines. publishing. 2. They tend to disturb or obstruct any lawful officer in executing the functions of his office 2. 2 and No. constitutional commissions or committees or divisions thereof. 1: 1. prevents such meetings by force or fraud. There is a projected or actual meeting of Congress or any of its committees or subcommittees. Acts Tending to Prevent the Meeting of the Congress of the Philippines and Similar Bodies Elements 1. US v Tolentino • The manifest. They suggest or incite rebellious conspiracies or riots 4. 2. emblems. Inciting is done by means of speeches. B. Tests relative to seditious words: Clear and Present Danger. cartoons. Inciting to Sedition CRIMINAL LAW II officer concerned or a social class may amount to Inciting to Sedition. or other representations tending towards the same end. Disturbance of Proceedings Article 144. which tend to disturb the public peace. He incites others to the accomplishment of any of the acts which constitute sedition. who may be any person.3 Punishable when: 1. writings. or of any provincial board or city or municipal council or board. proclamations. They lead or tend to stir up the people against the lawful authorities or disturb the peace of the community. He disturbs any of such meetings. constitutional committees or divisions thereof.III. banners. and the safety and order of the government. quite broad. and Dangerous Tendency 1. 2008 Page 17 of 155 Only non-participant in sedition may be liable. Uttering seditious words or speeches which tend to disturb the public peace. Violation of Parliamentary Immunity 1. expressing his opinion. whether in a fixed place or moving. Persons merely present at the meeting. The audience. Any meeting in which audience. whether in fixed place or moving. He arrests or searches any member of Congress. Illegal Assemblies and Associations IMPORTANT POINTS ABOUT THIS ARTICLE: TO REMEMBER Complaint may be filed by a member of the legislative body. Illegal Assemblies Article 145. 2. rebellion or insurrection. Elements a. IMPORTANT POINTS ABOUT THIS ARTICLE: TO REMEMBER Persons liable for illegal assembly 1. a gathering or group of persons.III. There is a meeting. The purpose of the meeting is to commit any of the crimes punishable under the Code. b. The meeting is attended by armed persons. The organizer or leaders of the meeting. Elements a. Offender is a public officer of employee. C. is incited to commission of the crime treason. attending the meetings of the Congress or of any of its committees or constitutional commissions. sedition or direct assault. is in regular or special session. casting his vote. Elements a) Offender uses force. or from expressing his opinion or casting his vote. constitutional commissions or committees or divisions thereof. a gathering or group of persons. Congress. c. sedition. Using force. whether armed not. d. ii. b)The purpose of the offender is to prevent any member of Congress from: i. ASSEMBLIES ILLEGAL Acts punished 1. Any meeting attended by armed persons for the purpose of committing any of the crimes punishable under the Code. ARTICLE 146. One who disturbs may also be punished for contempt by Congress. at the time of arrest or search. Violation of Parliamentary Immunity Acts punished 1. b. or iii.. b. intimidation. rebellion insurrection. 2. the or the of or or in Elements a. Arresting or searching any member thereof while Congress is in regular or special session. threats. is incited to the commission of the crime of treason. who must have a common intent to commit the felony of illegal assembly. threats or fraud. c. The member arrested or searched has not committed a crime punishable under the Code by a penalty higher than prision mayor. except in case such member has committed a crime punishable under the Code by a penalty higher than prision mayor. intimidation. etc. whether armed or not. There is a meeting. CRIMES AGAINST PUBLIC ORDER CRIMINAL LAW II Parliamentary immunity does not protect members of Congress from responsibility before Congress itself 1987 Consti: Members of Congress not liable for offenses punishable by a penalty less than prision mayor (6 yrs and 1 day to 12 yrs). 2. Presumptions if a person carried an unlicensed firearm: IMPORTANT POINTS ABOUT THIS ARTICLE: 100% UP LAW TO REMEMBER UP BAROPS 2008 Page 18 of 155 . or frauds to prevent any member of Congress from attending the meetings of Congress or of any of its committees or subcommittees. while Congress is in session. 3. assault upon person authority or his agents. Persons in Authority and their Agents 1. CRIMES AGAINST PUBLIC ORDER • The purpose of the meeting insofar as he is concerned is to commit acts punishable under the RPC He is considered a leader or organizer of the meeting. president 2.) CRIMINAL LAW II D.III. b. 2. Offender makes an attack. Direct Assault • ARTICLE 148. directors. makes a serious intimidation. c. Without public uprising. while engaged in the performance of official duties. DIRECT ASSAULT ACTS PUNISHED 1. There is no public uprising. by employing force or by seriously intimidating or by seriously resisting any person in authority or any of his agents. Associations totally or partially organized for some purpose contrary to public morals. Associations totally or partially organized for the purpose of committing any of the crimes punishable under the Code. At the time of the assault. the person in authority or his agent is engaged in the actual performance of official duties. directors and president of the association. and Resistance and Disobedience to. The members TO REMEMBER IMPORTANT POINTS ABOUT THIS ARTICLE: TO REMEMBER The first form of direct assault is tantamount to rebellion or sedition. Organizers or leaders of the meeting 2. d.matters which affect the interest of society and public convenience and is not limited to good customs Difference Between Illegal Association and Illegal Assembly Illegal Assembly There must be an actual meeting or assembly What is punished are the meeting and the attendance therein Persons liable: 1. employs force. except that there is no pubic uprising. b. Elements a. by attacking. c. Assault Upon. Founders. Founders. by employing force or intimidation for the attainment of any of the purposes enumerated in defining the crimes of rebellion and sedition. Persons present at the meeting Illegal Association Actual meeting not necessary What is punished is the act of forming or organizing the association Persons liable: 1. The aim of the offender is to attain any of the purposes of the crime of rebellion or any of the objects of the crime of sedition. or that he is assaulted by reason of the past performance of official duties. There is no public uprising. 2. Classifications of direct simple and qualified. Elements a. Illegal Associations ILLEGAL ASSOCIATIONS 1. 2. The person assaulted is a person in authority or his agent. Offender employs force or intimidation. 2. or on occasion of such performance. Public Morals. or makes a serious resistance. 100% UP LAW UP BAROPS 2008 assault: Page 19 of 155 . Mere members of the association. (Note: Not all persons present at the meeting of the first form of illegal assembly must be armed. Offender knows that the one he is assaulting is a person in authority or his agent in the exercise of his duties. IMPORTANT POINTS ABOUT THIS ARTICLE: Persons liable 1. e. Without public uprising. (Boado. board or commission. the assault on him is an aggravating circumstance in Art. Offender makes use of force or intimidation upon such person coming to the aid of the authority or his agent. 2. 148 and 151. 14. Any assault on him on the occasion of his aiding a person in authority or his agent in indirect assault. slight physical injury. IMPORTANT POINTS ABOUT THIS ARTICLE: TO REMEMBER Agents of a Person in Authority Any person who. and in connection with their duties. is charged with the maintenanc e of public order and he protection and security of life and property. Its Committees or Subcommittees. Persons in Authority Any person directly vested with jurisdiction. 3. (Boado. Subcommit-tees or Divisions 100% UP LAW UP BAROPS 2008 Page 20 of 155 . by direct provision of law or by election or by appointmen t by competent authority. Art. 152 in relation to Arts. Resistance or disobedience to an agent of a person in authority is always serious. 152 clothes any person who comes to the aid of a person in authority with the fiction of an agent of a person in authority. CRIMES AGAINST PUBLIC ORDER When qualified: • There is a weapon employed in the attack • The offender is a public officer • The offender lays hands on a public authority When the assault results in the killing of that agent or of a person in authority. no. Indirect Assault ARTICLE 149. Comprehensive Reviewer in Criminal Law) Persons in Authority and Agents Persons in Authority (Art. Can only be committed when a direct assault is also committed. whether as an individual or as a member of some court or government al corporation. 152) Public Officer Any person who takes part in the performanc e of public functions in the governmen t. but to an agent of a person in authority. INDIRECT ASSAULT Elements 1. A person in authority or his agent is the victim of any of the forms of direct assault defined in Article 148. A person comes to the aid of such authority or his agent. of CRIMINAL LAW II Teachers. lawyers and heads of schools recognized by government are persons in authority only for purposes of Art. Its Committees. Direct assault absorbs the lighter felony. that is.III. Comprehensive Reviewer in Criminal Law) 2. it may or may not be serious. 3. A person in authority includes a barangay chairman and members of the Lupong Tagapagkasundo as provided under the Local Government Code. The only time when it is not complexed is when material consequence is a light felony. 3 (rank). by the Constitutional Commissions. If the public officer is not a person in authority. there arises a complex crime of direct assault with murder or homicide. Disobedience to Summons Issued by Congress. 5. Use of force is not so serious. By inducing disobedience to a summons or refusal to be sworn by any such body or official. Difference Between Serious Disobedience and Direct Assault IMPORTANT POINT TO REMEMBER ABOUT THIS ARTICLE: The testimony of a person summoned must be upon matters into which the legislature has jurisdiction to inquire. Article 151. ITS COMMITTEES. BY THE CONSTITUTIONAL COMMISSIONS. its special or standing committees and subcommittees. By refusing. Offender disobeys such agent of a person in authority. when required by them to do so in the exercise of their functions. By restraining another from attending as a witness in such legislative or constitutional body. 4. 2. CRIMES AGAINST PUBLIC ORDER CRIMINAL LAW II ARTICLE 150. IMPORTANT POINT TO REMEMBER ABOUT THIS ARTICLE: The accused must have knowledge that the person giving the order is a peace officer. Offender resists or seriously disobeys such person in authority or his agent. DISOBEDIENCE TO SUMMONS ISSUED BY CONGRESS. is not of a 4. By refusing to answer any legal inquiry or to produce any books. to obey summons of Congress. 2. ITS COMMITTEES OR SUBCOMMITTEES. without legal excuse. subcommittees or divisions. Elements of simple disobedience: 1. An agent of a person in authority is engaged in the performance of official duty or gives a lawful order to the offender. ARTICLE 151. 3. Resistance and Disobedience to A Person in Authority or the Agents of Such Person Serious Disobedience Only in the actual performance of duties Direct Assault The Pub Authority or the Agent of the Pub Authority must be engaged in the performance of official duties or that he is assaulted by reason thereof. 3. 2. RESISTANCE AND DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENTS OF SUCH PERSON Elements of resistance and serious disobedience: 1.III. Such disobedience serious nature. There is force employed. The act of the offender is not included in the provision of Articles 148. 149 and 150. SUBCOMMITTEES OR DIVISIONS Acts punished 1. papers. 100% UP LAW UP BAROPS 2008 Page 21 of 155 . A person in authority or his agent is engaged in the performance of official duty or gives a lawful order to the offender. By refusing to be sworn or placed under affirmation while being before such legislative or constitutional body or official. or by any commission or committee chairman or member authorized to summon witnesses. 3. documents. the Constitutional Commissions and its committees. or records in his possession. office or establishment. Publishing or causing to be published as news any false news which may endanger the public order. if it is committed by a public officer. To be liable. if the act is not included in articles 131 and 132. Tumults and Other Disturbances CRIMINAL LAW II Definition of outcry: to shout subversive or provocative words tending to stir up the people to obtain by means of force or violence any of the objects of rebellion or sedition. If done with intent to commit rebellion or sedition: The crime is inciting to rebellion or sedition. calculated to cause (which produces) alarm of danger. This article applies if the disturbance is not caused by a public officer. pamphlets. Unlawful Use of Means of Publication and Unlawful Utterances IMPORTANT POINTS ABOUT THIS ARTICLE: TO REMEMBER ARTICLE 153. 100% UP LAW UP BAROPS . TUMULTS AND OTHER DISTURBANCES OF PUBLIC ORDER Acts Punished: 1. SCANDALS ALARMS AND Acts Punished 1. justifying or extolling any act punished law. 2008 Page 22 of 155 ARTICLE 155. the offender must know that the news is false Actual public disorder or actual damage to the credit of the State is not necessary. or peaceful meetings. or leaflets which do no bear the real printer’s name. or which are classified as anonymous. Printing. 2. or other explosive within any town or public place. Encouraging disobedience to the law or the constituted authorities or by praising. 4. Making any outcry tending to incite rebellion or sedition in any meeting. Article 154: Unlawful Use of Means of Publication and Unlawful Utterances Acts Punished: 1. Discharging any firearm. association or public place. publishing or distributing (or causing the same) books. periodicals. or. or before they have been published officially 4. Displaying placards or emblems which provoke a disturbance of public order in such place. firecracker. 3. 2. utterances or speeches 3. Burying with pomp the body of a person who has been legally executed. Instigating or taking an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility. or cause damage to the interest or credit of the State 2. Definition of tumultuous: If caused by more than 3 persons who are armed or provided with the means of violence Definition of “burying with pomp the body of a person”: ostentatious display of a burial 2. 5. Maliciously publishing or causing to be published any official resolution or document without authority.III. rocket. If done unconsciously: This article applies. he is a participant therein. IMPORTANT POINTS TO REMEMBER ABOUT THIS ARTICLE: Serious disturbance must be planned or intended. Public Disorders 1. by the same means or by words. CRIMES AGAINST PUBLIC ORDER E. Interrupting or disturbing performances. Causing any serious disturbance in a public place. functions or gatherings. that one is grave scandal in Article 200. Evasion of Service of Sentence ARTICLE 156. Delivery of Prisoners from Jail F. designed to annoy or insult 4. horns. The essence of the crime is disturbance of public tranquility and public peace. Alarms and Scandals CRIMINAL LAW II private person. a mock serenade of discordant noises made on kettles. provided Article 153 in not applicable. By breaking doors. 2. If the prisoner who escapes is only a detention prisoner. EVASION OF SERVICE IMPORTANT POINTS ABOUT THIS ARTICLE: TO REMEMBER In relation to infidelity in the custody of prisoners. roofs or floors. Through connivance with other convicts or employees of the penal institution. Offender is a convict by final judgment. correlate the crime of delivering person from jail with infidelity in the custody of prisoners punished under Articles 223. false keys. 2. In both acts. If three persons are involved – a stranger. violence or intimidation. Any kind of disturbance of public order where the circumstance at the time renders the act offensive to the tranquility prevailing. But if such prisoner knows of the plot to remove him from jail and cooperates therein by escaping. or 4. walls. 2. 3.Reyes). IMPORTANT POINTS ABOUT THIS ARTICLE: TO REMEMBER The crime alarms and scandal is only one crime. He evades service of his sentence by escaping during the term of his imprisonment. Offender removes therefrom such person.III. The only point of distinction between the two crimes lies on whether the offender is the custodian of the prisoner or not at the time the prisoner was made to escape. By means of unlawful entry (this should be “by scaling” . the crime is committed. the custodian and the prisoner – three crimes are committed: (1)Infidelity in the custody of prisoners. 3. Both crimes may be committed by public officers as well as private persons. CRIMES AGAINST PUBLIC ORDER 3. Do not think that infidelity in the custody of prisoners can only be committed by a public officer and delivering persons from jail can only be committed by 100% UP LAW UP BAROPS 2008 Page 23 of 155 . and (3)Evasion of service of sentence. tin. By using picklock. Disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusements. He is serving sentence which consists in the deprivation of liberty. 4. Qualifying circumstances as to penalty imposed if such evasion or escape takes place – 1. 3. etc. Causing any disturbance or scandal in public places while intoxicated or otherwise. the offender may be a public officer or a private citizen. Definition of charivari: includes a medley of discordant voices. windows. 224 and 225 of the Revised Penal Code. Scandal here does not refer to moral scandal. deceit. There is a person confined in a jail or penal establishment. DELIVERY PRISONERS FROM JAIL Elements 1. Evasion of Service of Sentence 1. gates. OF SENTENCE Elements 1. he does not incur liability from escaping if he does not know of the plan to remove him from jail. (2)Delivery of the prisoner from jail. he himself becomes liable for delivering prisoners from jail as a principal by indispensable cooperation. or helps the escape of such person. disguise. OF ARTICLE 157. similar catastrophe. resulting from – a. not on the original sentence. It may be mitigating. IMPORTANT POINTS ABOUT THIS ARTICLE: TO REMEMBER Violation of conditional pardon is a distinct crime. 3. that is. 2. In leaving or escaping from jail or prison. or d. conflagration or mutiny had been announced. Offender is a convict by final judgment. If the condition of the pardon is violated when the remaining unserved portion of the sentence has already lapsed. EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF DISORDERS. conflagration or mutiny and such calamity. also 1/5. c. There is disorder. the violation will amount to this crime only if the condition is violated during the remaining period of the sentence. continue serving original penalty. earthquake. those who return within 48 hours are given credit or deduction from the remaining period of their sentence equivalent to 1/5 of the original term of the sentence. CRIMES AGAINST PUBLIC ORDER IMPORTANT POINTS ABOUT THIS ARTICLE: TO REMEMBER IMPORTANT POINTS ABOUT THIS ARTICLE: CRIMINAL LAW II TO REMEMBER Evasion of service of sentence has three forms: (1)By simply leaving or escaping from the penal establishment under Article 157. b. OR OTHER CALAMITIES Elements 1. He evades the service of his sentence by leaving the penal institution where he is confined. as a rule. 100% UP LAW UP BAROPS 2008 Page 24 of 155 . 2. Offender was a convict. explosion. 3. He fails to give himself up to the authorities within 48 hours following the issuance of a proclamation by the Chief Executive announcing the passing away of such calamity. However. an added penalty. conflagration. there will be no more criminal liability for the violation. shall be imposed but the 1/5 penalty is based on the remaining period of the sentence. the convict maybe required to serve the unserved portion of the sentence. Conflagrations. conflagration or mutiny has been announced as already passed under Article 158. The leaving from the penal establishment is not the basis of criminal liability. 3. If the prisoner fails to return within said 48 hours.III. Mutiny is one of the causes which may authorize a convict serving sentence in the penitentiary to leave the jail provided he has not taken part in the mutiny. Other Cases of Evasion of Service of Sentence ARTICLE 159. Under Article 158. In violation of conditional pardon. Evasion of Service of Sentence on the Occasion of Disorders. that the prisoner immediately returned is immaterial. on the occasion of such disorder or during the mutiny. mutiny in which he has not participated. (2)Failure to return within 48 hours after having left the penal establishment because of a calamity. In no case shall that penalty exceed six months. 2. Earthquakes. or e. but it will not absolve his criminal liability. He was granted pardon by the Chief Executive. OTHER CASES OF EVASION OF SERVICE OF SENTENCE Elements 1. 4. (3) Violating the condition of conditional pardon under Article 159. He violated any of the conditions of such pardon. or Other Calamities ARTICLE 158. EARTHQUAKES. who is confined in a penal institution. It is the failure to return within 48 hours after the passing of the calamity. CONFLAGRATIONS. theft d.falsification Recidivism Art. sale.III. 2. 14 (10) Necessary that the offender shall have served out his sentence for the first offense element of the crimes of rebellion. such use of an unlicensed firearm shall be considered as an aggravating circumstance. Note: If homicide or murder is committed with the use of an unlicensed firearm. CRIMES AGAINST PUBLIC ORDER G. acquisition. sedition or attempted coup d'etat. He committed a new felony before beginning to serve such sentence or while serving the same. The penalty of arresto mayor shall be imposed upon any person who shall carry any licensed firearm outside his residence without legal authority therefor. disposition or possession of explosives. sale. is in furtherance of. 8294: AMENDING PD 1866 ON ILLEGAL POSSESSION OF FIREARMS Acts punished: 1. company. Unlawful manufacture. 62 (5) Crimes Specified: a. robbery c. 2. manager. sedition or attempted coup d'etat. insurrection. corporation or entity. such violation shall be absorbed as an IMPORTANT POINT TO REMEMBER ABOUT THIS ARTICLE: Do not confuse the following: Habitual Delinquency Art. director or other responsible officer of any public or private firm. acquisition. ARTICLE 160. Offender was already convicted by final judgment of one offense. president. insurrection. Unlawful manufacture. COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE Elements of Quasi-Recidivism 1. 14 (9) Habituality/ Reiteracion / Repetition Art. Note: If the violation of this Sec. or in connection with the crime of rebellion. company. less serious or serious physical injuries b. estafa e. Note: When a person commits any of the crimes defined in the Revised Penal Code or special laws with the use of the aforementioned explosives. Quasi-Recidivism Commission of Another Crime During Service of Penalty Imposed for Another Previous Offense CRIMINAL LAW II REPUBLIC ACT NO. disposition or possession of firearms or ammunition or instruments used or intended to be used in the manufacture of firearms or ammunition. increase the penalty only to the maximum The previous and subsequent offenses must NOT be embraced in the same title of the Code Not always an aggravating circumstanc e 100% UP LAW UP BAROPS . who shall willfully or knowingly allow any of the firearms owned by such firm. detonation agents or incendiary devices. the use of such explosives. The same penalty shall be imposed upon the owner. which results in the death of any person or persons. corporation or entity to be used by any person or persons found guilty of violating the provisions of the preceding paragraphs or willfully or knowingly allow any of them to use unlicensed firearms or firearms without any legal authority to be carried outside of their residence in the course of their employment. 2008 Page 25 of 155 Period of time Number of crimes Within 10 years from his last release or conviction Guilty the third time or oftener Sufficient that the offender have been previously convicted by final judgment for another crime embraced in the same title of the Code on the date of his trial No period of time The second conviction for an offense embraced in the same title of this Code Their effects An additional If not offset penalty shall by any be imposed mitigating circumstance . or incident to. such violation shall be absorbed as an element of the crimes of rebellion. 2. company. 4. It does not follow however that the homicide or murder is absorbed in the offense. It would be anomalous: a more serious crime is absorbed by a 100% UP LAW UP BAROPS 2008 CRIMINAL LAW II statutory offense which is just malum prohibitum. 3. The same penalty shall be imposed upon the owner. — The term unlicensed firearm shall include: in the firearms with expired license. Page 26 of 155 . Repacking or altering the composition of lawfully manufactured explosives. 1. 4. or in connection with the crime of rebellion. Tampering of firearm's serial number. What the law requires is merely possession which includes not only actual physical possession but also constructive possession. who shall willfully or knowingly allow any of the explosives owned by such firm. insurrection. manager. he cannot carry the firearm outside his residence without legal authority therefore. People v Nepomuceno (1999) Accused can no longer be separately charged with parricide and illegal possession of firearms. The amendment says that the latter is only to be treated as an aggravating circumstance. sedition or attempted coup d'etat. president.III. Advincula v CA (2000) Two things must be shown to exist: • The existence of the firearm • The fact that it is not licensed However. CRIMES AGAINST PUBLIC ORDER detonation agents or incendiary devices shall be considered as an aggravating circumstance. to be used by any person or persons found guilty of violating the provisions of the preceding paragraphs. People v De Gracia (1994) Rule: Ownership is not an essential element of illegal possession of firearms and ammunition. If the violation of this Sec. In fine then the killing of a person with the use of an unlicensed firearm may give rise to separate prosecutions for (a) violation of section 1 of PD 1866. sedition or attempted coup d'etat. The accused cannot plead one as a bar to another. corporation or entity. People v Tiozon (1991) It may be loosely said that homicide or murder qualifies the offense. insurrection. Coverage of the Term Unlicensed Firearm. it should also be shown that even of he has a license. director or other responsible officer of any public or private firm. or unauthorized use of licensed firearm the commission of the crime. corporation or entity. is in furtherance of. company. or incident to. or (b) murder or homicide. 3. 14.Substituting and altering trademarks and trade names or service marks (Art. 8. Mutilation of coins.False testimony in civil cases (Art. 184). He used the counterfeit seal or forged signature or stamp. 11. employee or notary (Art. FORGING THE SIGNATURE OR STAMP OF THE CHIEF EXECUTIVE Acts punished 1. 2. Counterfeiting the great seal of the Government of the Philippines (Art. CRIMES AGAINST PUBLIC INTEREST TITLE IV: CRIMES AGAINST PUBLIC INTEREST 1. 179).Falsification of wireless. 28.Falsification by public officer. 2008 Page 27 of 155 . 189). cable. 26. 12. Offender counterfeiting or forgery.Illegal use of uniforms or insignia (Art. or other precious metals or their alloys (Art. signature or stamp or (Art. 165). telegraph and telephone messages and use of said falsified messages (Art. 164).False testimony against a defendant (Art. knew of the 2. CRIMINAL LAW II 25. 181). and false description (Art.Usurpation of authority functions (Art. 13. 180). Using forged counterfeiting seal 162). 178) 18. silver. 175). Using fictitious name and concealing true name (Art. ARTICLE 161: COUNTERFEITING THE GREAT SEAL OF THE GOVERNMENT OF THE PHILIPPINE ISLANDS. Forging treasury or bank notes or other documents payable to bearer.Importation and disposition of falsely marked articles or merchandise made of gold. 177). fraudulent designation of origin. USING FORGED SIGNATURE COUNTERFEIT SEAL OR STAMP OR 21. 2. IMPORTANT POINT TO REMEMBER IN THIS TITLE: The crimes in this title are in the nature of fraud or falsity to the public.Monopolies and combinations in restraint of trade (Art. importation and uttering of mutilated coins (Art.False testimony favorable defendant (Art. ACTS OF COUNTERFEITING (161-167) 1. 19. 183).False testimony in other cases and perjury (Art. Falsification of legislative documents (Art.Machinations in public auction (Art. Counterfeiting. 188). 172). 6. Selling of false or mutilated coins. 5. or service mark. Forgeries 1. 17. 170). Deceit perpetrated upon the public is the act being punished. 7. 167). 171). Making and importing and uttering false coins (Art. 16. Forging the great seal of the Government of the Philippines. 186). 161). 3. 20. Forging the stamp of the President. to the IMPORTANT POINT TO REMEMBER IN THIS ARTICLE: When the signature of the president is forged. 3. 182). 185).False medical certificates. 174).Manufacturing and possession of instruments or implements for falsification (Art. 23. 173).Unfair competition and fraudulent registration of trademark or trade name.Using false certificates (Art. The great seal of the Republic was counterfeited or the signature or stamp of the Chief Executive was forged by another person. Forging the signature of the President.IV. 3. 27. 163) 4.Falsification by private individuals and use of falsified documents (Art. 187). false certificates of merit or service (Art. without connivance (Art. or official A. 168). 166). 9. ARTICLE 162. 2. 15. Illegal possession and use of forged treasury or bank notes and other instruments of credit (art. 22. 100% UP LAW UP BAROPS Elements 1. the crime committed is covered by this provision and not falsification of public document. 10. importing and uttering instruments not payable to bearer (Art. 176).Offering false testimony in evidence (Art. importing and uttering of such false or forged notes and documents (Art. 24. So. Burning or Destroying Central Bank Notes and Coins) It shall be unlawful for any person to willfully deface. intent to mutilate is absent. under Presidential Decree No. The coin mutilated should be of legal tender and only of the Philippines. The offender must deliberately reduce the precious metal in the coin. Kinds of coins the counterfeiting of which is punished Silver coins of the Philippines or coins of the Central Bank of the Philippines. burn. CRIMES AGAINST PUBLIC INTEREST IMPORTANT POINTS TO REMEMBER IN THIS ARTICLE: Offender under this article should not be the forger. Mutilating coins of the legal currency. or uttering such 2. Coin of the currency of a foreign country. The participation of the offender is in effect that of an accessory. Coins of the minor coinage of the Philippines or of the Central Bank of the Philippines. Mutilation. Tearing. There is no expertise involved here. that is not mutilation under the 2008 Page 28 of 155 4. If the offender does not collect such dust. mutilate. or destroy in any manner whatsoever. mutilation is not limited to coins. However. 247. (1)Coin mutilated is of legal tender. if the act of mutilating coins does not involve gathering dust like playing cara y cruz. 247. under Art. with the further requirements that there be intent to damage or to defraud another. Note that persons making bracelets out of some coins violate Presidential Decree No. 247 will apply. currency notes and coins issued by the Central Bank. CRIMINAL LAW II The first acts of falsification or falsity are • Counterfeiting • Forgery • Falsification In so far as coins in circulation are concerned. tear. there are two crimes that may be committed: • Counterfeiting coins • Mutilation of coins Requisites of mutilation Revised Penal Code under the AND 3. (3)It has to be a coin. ARTICLE 163: MAKING AND IMPORTING UTTERING FALSE COINS Elements 1. Deliberate intent arises only when the offender collects the precious metal dust from the mutilated coin. he connived with the counterfeiters or importers. 3. Mutilation under the Revised Penal Code is true only to coins. 48 OG 664 Former coins withdrawn from circulation may be counterfeited under Art 163 because of the harm that may be caused to the public in case it goes into circulation again. Importing mutilated coins. 247 (Defacement. (2)Offender gains from the precious metal dust abstracted from the coin. Offender either made. Kong Leon. In case of uttering such false or counterfeited coins. ARTICLE 164: MUTILATION OF COINS Acts punished 1. There be false or counterfeited coins. Presidential Decree No. It cannot be a crime under the Revised Penal Code to mutilate paper bills because the idea of mutilation under the code is collecting the precious metal dust. People vs. with the further requirement that there must be connivances with the mutilator or importer in case of uttering. 162 he is punished by a penalty only one degree lower. IMPORTANT POINTS REMEMBER IN THIS ARTICLE: 100% UP LAW TO UP BAROPS . imported or uttered such coins. but Presidential Decree No. Although the general rule is that he should be punished by a penalty of two degrees lower. 2.IV. CRIMINAL LAW II 7. or b. 2. The possessor should not be the counterfeiter. Any treasury or bank note or certificate or other obligation and security payable to bearer. 3. or any instrument payable to order or other document of credit not payable to bearer is forged or falsified by another person. and c. IMPORTING. counterfeited or mutilated by another person.IV. the presumption is that he is the material author of the falsification. ARTICLE 167 COUNTERFEITING. 2. and b. or importer of the coins The offender need not connive with the counterfeiter or mutilator as long as he has knowledge that the coin is false or mutilated. 247. imported or uttered such instrument. There is an instrument payable to order or other documents of credit not payable to bearer. Importation of such false or forged obligations or notes. Elements 1. possesses with intent to use 6. taking advantage of it and profiting thereby.He either – a. 3. mutilator. 3. 82 SCRA 120 (1978) The rule is that if a person had in his possession a falsified document and he made use of it. Possession of coin. ARTICLE 166: FORGING TREASURY OR BANK NOTES OR OTHER DOCUMENTS PAYABLE TO BEARER. ARTICLE 168: ILLEGAL POSSESSION USE OF FALSE TREASURY OR BANK NOTES AND OTHER INSTRUMENTS OF CREDIT AND IMPORTANT POINTS TO REMEMBER IN THIS ARTICLE The possession prohibited in this article pertains not only to physical possession but also to constructive possession or subjection of the thing to one’s control. AND UTTERING INSTRUMENTS NOT PAYABLE TO BEARER Elements 1. b. 2. Knowledge. 2. But by rubbing the coins on the sidewalk. In case of uttering. Elements a. CRIMES AGAINST PUBLIC INTEREST Revised Penal Code because the offender does not collect the metal dust. with intent to utter the same. Sendaydiego. Elements a. IMPORTING AND UTTERING SUCH FALSE OR FORGED NOTES AND DOCUMENTS Acts punished of 1. Knowledge. Actually uttering. 5. uses any of such forged or falsified instruments. ARTICLE 165 SELLING OF FALSE OR MUTILATED COIN. Possession. 100% UP LAW UP BAROPS 2008 Page 29 of 155 . WITHOUT CONNIVANCE Acts punished 1. Offender knows that any of those instruments is forged or falsified. Offender either forged. ACTS OF FORGERY 8. IMPORTANT POINT TO REMEMBER IN THIS ARTICLE This covers instruments or other documents of credit issued by a foreign government or bank. knowing that it is false or mutilated. mutilated coin. Forging or falsification treasury or bank notes or other documents payable to bearer. he also defaces and destroys the coin and that is punishable under Presidential Decree No. With intent to utter. knowing the same to be false or mutilated. Uttering of such false or forged obligations or notes in connivance with the forgers or importers. Actually uttering such false or 2. he connived with the forger or importer. People vs. CRIMINAL LAW II 11. the dissenting opinion stated that the provision only embraces situations in which spurious. CRIMES AGAINST PUBLIC INTEREST 9. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them. imitation of signature is not necessary. ARTICLE 171: FALSIFICATION BY PUBLIC OFFICER. Article 169 How forgery is committed under 1. number. c. employee. However. People). 2. People vs. Galano. ACTS OF FALSIFICATION A. by giving them the appearance of some other true and genuine document. 3. marriage. b. figure or design would amount to forgery. He takes advantage of his official position. 3.IV. CA). or notary public. The essence of forgery is giving a document the appearance of a true and genuine document. FALSIFICATION BY PUBLIC OFFICER. false or fake documents are given the appearance of a true and genuine document. EMPLOYEE OR NOTARY OR ECCLESIASTICAL MINISTER Elements 1. the appearance of a true and genuine document. e. d. Not any alteration of a letter. By counterfeiting. He falsifies a document by committing any of the following acts: a. 3 SCRA 650 It was held that forgery can be committed through the use of genuine paper bills that have been withdrawn from circulation. Making untruthful statements in a narration of facts – there should be a legal obligation to disclose the truth (Beradio vs. words. EMPLOYEE OR ECCLESIASTICAL MINISTER 100% UP LAW UP BAROPS 2008 Page 30 of 155 . Altering true dates – the date must be essential and could change the effects of the document (such as dates of birth. Offender is a public officer. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate – as opposed to the former paragraph. or death) IMPORTANT POINTS TO REMEMBER IN THIS ARTICLE For possession of false treasury or bank note to constitute a criminal offense. it must be with intent to use. or altering by any means the figures. Feigning is covered by this paragraph. or sign contained therein. signature or rubric – intent or attempt to imitate is inferred when there is sufficient resemblance or when it is likely to deceive an ordinary person receiving or dealing with the doc. 2. substituting. letters. erasing. There should also be malice or deliberate intent unless the document falsified is a public one (Syquian vs. By giving to a treasury or bank note or any instrument payable to bearer or to order mentioned therein. Counterfeiting or imitating any handwriting. At most. which includes the case of forging signatures of people who do not know how to write. it would only be frustrated forgery. Furthermore. or different from. c. Use of falsified document. 2008 Page 31 of 155 100% UP LAW UP BAROPS . or official book. FALSIFICATION BY PRIVATE INDIVIDUALS 1. Falsification causes damage to a third party or at least the falsification was committed with intent to cause such damage. Offender committed any of the acts of falsification except Article 171(7). Offender knew that a document was falsified by another person. Making any alteration or intercalation in a genuine document which changes its meaning – change or insertion must affect the integrity or effects of the document. ARTICLE 172 FALSIFICATION BY PRIVATE INDIVIDUAL AND USE OF FALSIFIED DOCUMENTS Acts punished 1. The character of the offender and his faithfulness to his duty is the mainly taken into consideration. a. and (4)Private document in the execution of which only private individuals take part. or • including in such a copy a statement contrary to. Issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists. IMPORTANT POINTS TO REMEMBER IN THIS ARTICLE There are four kinds of documents: (1)Public document in the execution of which. In introducing proceeding in a judicial A check is not yet a document when it is not completed yet. official or commercial document by a private individual. He introduced said document in evidence in any judicial proceeding. that of the genuine original. or commercial document or letter of exchange.The falsification was committed in a public. He committed falsification. 3. Offender knew that the document was falsified by another person. USING FALSE CERTIFICATES AND 4. (3)Commercial document or any document recognized by the Code of Commerce or any commercial law. USE OF FALSIFIED DOCUMENTS. Offender is a private individual or public officer or employee who did not take advantage of his official position. 2. otherwise it would merely be a correction. Falsification of public. 12. CRIMES AGAINST PUBLIC INTEREST CRIMINAL LAW II f. • issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists. Intercalating any instrument or note relative to the issuance thereof in a protocol. the alteration should make the document speak something false. he makes a document out of it. b. The false document is embraced in Articles 171 or 172 (1 or 2). there must be a law which requires a public officer to issue or to render such document. that of the genuine original h. 3. 2. that is. He used such document. In use in any other transaction – 1. To become an official document. g. b. The element of damage is not necessary because it is the interest of the community which is intended to be guaranteed. The use caused damage to another or at least used with intent to cause damage. Falsification of private document by any person. Falsification was committed in any private document. (2)Official document in the execution of which a public official takes part. official. The false document is in Articles 171 or 172 (1 or 2). a person in authority or notary public has taken part. any act of c. or different from. 2. If somebody writes on it. registry. 3. a. or including in such a copy a statement contrary to. a.IV. 3. good conduct or similar circumstances. Uttering fictitious wireless. or surgeon. Falsifying wireless. He uses the same. OF MEDICAL CERTIFICATES AND CERTIFICATE OF MERIT. d. Since damage is not an element of falsification of a public document. b. 3. in connection with the practice of his profession.IV. Manansala. telegraph or Page 32 of 155 . If the document is intended by law to be part of the public or official record. Acts punished 1. AND USE OF SAID FALSIFIED MESSAGES Acts punished fictitious wireless. ARTICLE 173: FALSIFICATION OF WIRELESS. cable. The following issues a false certificate: a. CABLE. Private certificate falling within the classes mentioned in the two preceding subdivisions. b. although it was private at the time of falsification. issues a false certificate. it could be complexed with estafa as a necessary means to commit the latter. 2. engaged in the service of sending or receiving wireless. Physician or surgeon. ARTICLE 175: USING FALSE CERTIFICATES Elements 1. OF LEGISLATIVE DOCUMENTS. Offender is an officer or employee of the government or an officer or employee of a private corporation. in c. telegraph or telephone message. Uttering telegraph or telephone message. • Both crimes require the element of damage which each of the two should have its own. 15. TELEGRAPH AND TELEPHONE MESSAGES. Elements a. CRIMES AGAINST PUBLIC INTEREST CRIMINAL LAW II IMPORTANT POINTS TO REMEMBER IN THIS ARTICLE Presumption: People vs. 100% UP LAW UP BAROPS 2008 Falsifying wireless. Public officer issues a false certificate of merit of service. Using such falsified message. 2. telegraph or telephone message. good conduct or similar circumstances. Physician connection with the practice of his profession. 1. the falsification. • The fraudulent gain obtained through deceit should not be the very same damage caused by the falsification of the private document. C. that the There can be falsification of public document through reckless imprudence but there is no crime of falsification of private document through negligence or imprudence. is regarded as falsification of a public or official document. telegraph or telephone message. issues a false certificate. Offender knows certificate was false. CABLE. Sendaydiego. 2. 82 SCRA 120 The presumption also holds if the use was so closely connected in time with the falsification and the user had the capacity of falsifying the document There is no crime of estafa through falsification of a private document. TELEGRAPH AND TELEPHONE MESSAGES AND USE OF FALSIFIED MESSAGE. Public officer issues a false certificate of merit of service. He utters fictitious wireless. 105 Phil 1253 The possessor of a falsified document is presumed to be the author of the falsification People vs. telephone message. cable or telephone message. SEE ALSO RA 4200 13. person falsifies a e. FALSIFICATION OF WIRELESS. private documents.] 2. Private person who falsifies a certificate falling within the classes mentioned in the two preceding subdivisions. Using such falsified message. He falsifies wireless. in connection with the practice of his profession.IV. Five classes of falsification: (1)Falsification of legislative documents. or or to order. The use resulted in the prejudice of a third party or at least there was intent to cause such prejudice. (2)Falsification of a document by a public officer. Distinction between falsification and forgery: 100% UP LAW UP RA 4200: ANTI-WIRETAPPING LAW It shall be unlawful for any person. intercept. 3. (4)Falsification of a private document by any person. Persons liable 1.] 3. b. c. telegraph or telephone message. or • capable of becoming evidence of the facts stated therein. or however otherwise described Page 33 of 155 BAROPS 2008 . payable to bearer commercial. or wireless. good conduct or similar circumstances. crime here is false [The certificate of merit or service by a public officer. cable. 4. 2. ETC. Public officer who issues a false certificate of merit of service. engaged in the service of sending or receiving wireless. resolution or ordinance enacted or approved or pending approval by either House of the Legislature or any provincial board or municipal council. or telephone message was falsified by an officer or employee of the government or an officer or employee of a private corporation. (3)Falsification of a public or official. ARTICLE 170 FALSIFICATION OF LEGISLATIVE DOCUMENTS Elements 1. public instruments or official. Offender alters the same. He has no proper authority therefor. • not being authorized by all the parties to any private communication or spoken word. Physician or surgeon who. 14. (5)Falsification of wireless. crimes under Forgeries. ◦ to tap any wire or cable. FALSIFICATION FORGERY the commission of as used in Article any of the eight 169 refers to the acts mentioned in falsification and Article 171 on counterfeiting of legislative (only the treasury or bank act of making notes or any alteration). Offender is an officer or employee of the government or an officer or employee of a private corporation. telegraph and telephone messages. FALSE CERTIFICATES OF MERITS OR SERVICE. There is a bill. He used such falsified dispatch. or ◦ by using any other device or arrangement. cable or telephone message. 3. or commercial documents by a private individual. and • capable of extinguishing an obligation or creating rights. Offender knew that wireless. The writing must be: • complete in itself. 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. engaged in the service of sending or receiving wireless. ARTICLE 174: FALSE MEDICAL CERTIFICATES. issues a false certificate (it must refer to the illness or injury of a person). 10. b. CRIMES AGAINST PUBLIC INTEREST CRIMINAL LAW II Elements a. [The crime here is false medical certificate by a physician. or telegraph messages. Elements a. employee or notary public. cable or telephone message. The alteration has changed the meaning of the documents. telegraph. to secretly overhear. cable. or copies thereof. or any other such record. or cause to be done any of the acts declared to be unlawful in the preceding section or who violates the provisions of the following section or of any order issued thereunder. ◦ or to replay the same for any other person or persons. if the offender is an alien he shall be subject to deportation proceedings. That the use of such record or any copies thereof as evidence in any civil. to any other person: • Provided. marks. 2. Possession with intent to use the instruments or implements for counterfeiting or falsification made in or introduced into the Philippines by another person. wire record. Offender performs any act. or to communicate the contents thereof. The implements confiscated need not form a complete set. b. or ◦ to furnish transcriptions thereof. ARTICLE 177: USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS Acts punished of authority. b. ◦ to knowingly possess any tape record.IV. 2. permit. be punished by imprisonment for not less than six months or more than six years and with the accessory penalty of perpetual absolute disqualification from public office if the offender be a public official at the time of the commission of the offense. Pertaining to any person in authority or public officer of the Philippine government or any official functions. Other Falsities 17. criminal investigation or trial of offenses shall not be covered by this prohibition. Usurpation of authority. upon conviction thereof. or other instruments or implements for counterfeiting or falsification. Offender knowingly and falsely represents himself. Acts punished 1. or aids. IMPORTANT POINT TO REMEMBER IN THIS ARTICLE As in Art. or causes such violation shall. ARTICLE 176: MANUFACTURING AND POSSESSION OF INSTRUMENTS OR IMPLEMENTS FOR FALSIFICATION Acts punished 1. Usurpation of (excess of authority) Elements a. Making or introducing into the Philippines any stamps. Any person who willfully or knowingly does or who shall aid. CRIMES AGAINST PUBLIC INTEREST CRIMINAL LAW II It shall also be unlawful for any person. either verbally or in writing. the possession contemplated here is constructive possession. whether complete or partial. permits. 100% UP LAW UP BAROPS 2008 Page 34 of 155 . of any communication or spoken word ▪ secured either before or after the effective date of this Act in the manner prohibited by this law. and. B. Usurpation connection with the office represented) 2. As an officer. 16. Usurpation of official (excess of authority) functions. dies. • be he a participant or not in the act or acts penalized in the next preceding sentence. agent or representative of any department or agency of the Philippine government or of any foreign government. 165. disc record. (no connection with the office represented) Elements a. (no 1. Offender testimony knows that it is false. television. c. or any agency thereof. badge. decoration or regalia of a foreign state by people not entitled to do so. a colorable resemblance calculated to deceive the common run of people is sufficient. IMPORTANT POINTS TO REMEMBER IN THIS ARTICLE Exact imitation of a uniform or dress is unnecessary. Defendant against whom the false testimony is given is either acquitted or convicted in a final judgment. Purpose of use is to conceal a crime. provided it is done in good faith and there is no injury to third persons. Exception: • Pseudonym solely for cinema. Offender testifies falsely under oath against the defendant therein. Under pretense of official position. 379 • The employment of pen names or stage names is permitted. 1. ARTCLE 179: ILLEGAL USE OF UNIFORMS AND INSIGNIA Elements makes use of 1. CRIMES AGAINST PUBLIC INTEREST foreign government. or • such substitute name as may have been authorized by a competent court. Pen names and stage names cannot be usurped. c. or other athletic use of accepted CC Art. or • with which he was registered in the bureau of immigration upon entry. RA 75 also punishes using the use of uniform. 2. no person shall use different names and surnames. uniform or dress is used publicly and improperly. Concealing true name 19. Offender insignia. AGAINST 20. CRIMINAL LAW II • Except as provided in the preceding article. Offender conceals his true name and other personal circumstances. 18. entertainment and in events where the pseudonym is a normally practice. CC Art.IV. b. 3. Said insignia. who gives false 3. b. There is a criminal proceeding. RA 493 punishes wearing an insignia. Purpose is only to conceal his identity. uniforms or dress pertains to an office not held by such person or a class of persons of which he is not a member. to evade the execution of a judgment or to cause damage [to public interest – Reyes]. Without being lawfully entitled to do so. ARTICLE 180: FALSE TESTIMONY A DEFENDANT literary. He uses the fictitious name publicly. FALSE TESTIMONY Commonwealth Act No. or emblem of rank of the members of the AFP or constabulary. 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. IMPORTANT POINT TO REMEMBER IN THIS ARTICLE The witness who gave the false testimony is liable even if his testimony was not considered by the court. 2. Using fictitious name a. Offender uses a name other than his real name. The insignia. 4. 380. ARTICLE 178: USING FICTITIOUS AND CONCEALING TRUE NAME Acts punished 1. d. a. 100% UP LAW UP Elements 1. 2. uniforms or dress. BAROPS 2008 Page 35 of 155 . radio. 2. good faith or lack of malice is a defense in perjury. Testimony is false. Furthermore. CRIMES AGAINST PUBLIC INTEREST Three forms of false testimony 1. The statement should be outside the coverage of art 180-181. 2. Offender makes a statement under oath or executes an affidavit upon a material matter. Testimony is malicious and given with an intent to affect the issues presented in said case. Rectification made spontaneously after realizing the mistake is not false testimony. 2. False testimony in other cases under Article 183. People. IMPORTANT POINT TO REMEMBER IN THIS ARTICLE The counsel is the one liable in this case. 2. IMPORTANT POINTS TO REMEMBER IN THIS ARTICLE The testimony need not be beneficial to the defendant. 5. CRIMINAL LAW II IMPORTANT POINT TO REMEMBER IN THIS ARTICLE Diaz vs. Offender offers in evidence a false witness or testimony. Conviction or acquittal of defendant in the principal case is not necessary. In a criminal case. The offer is made in any judicial or official proceeding. ARTICLE 181: FALSE TESTIMONY FAVORABLE TO THE DEFENDANT Elements 1. 22. there could be no perjury through negligence or imprudence. The sworn statement or affidavit containing the falsity is required by law. 4. 21. 191 SCRA 86 Elements of perjury 1. ARTICLE 183: FALSE TESTIMONY IN OTHER CASES PERJURY IN SOLEMN AFFIRMATION Acts punished 1. Testimony given in a civil case. as long as it is made for a legal purpose. Because of the requirement that the assertion of a falsehood be made willfully and deliberately. 2. 100% UP LAW UP C. False testimony in criminal cases under Article 180 and 181. It is not necessary that there be a law requiring the statement to be made under oath. it is made for a legal purpose. ARTICLE 184: OFFERING FALSE TESTIMONY IN EVIDENCE Elements 1. 3. 4.IV. 2. authorized to receive and administer oaths. These are covered by 183 under “other cases”. Articles 180 – 184 punish the acts of making false testimonies since because such acts seriously expose the court to miscarriage of justice. that is. By falsely testifying under oath. False testimony in civil case under Article 182. A person gives false testimony. 3. IMPORTANT POINT TO REMEMBER IN THIS ARTICLE 182 does not apply in special proceedings. Frauds AND BAROPS 2008 Page 36 of 155 . 3. 3. ARTICLE 182: FALSE TESTIMONY IN CIVIL CASES Elements 1. Offender knows that testimony is false. By making a false affidavit. The statement or affidavit is made before a competent officer. 3. He knows that the witness or the testimony was false. In favor of the defendant. Testimony relates to the issues presented in said case. Offender makes a willful and deliberate assertion of a falsehood in the statement or affidavit. CRIMES AGAINST PUBLIC INTEREST CRIMINAL LAW II ARTICLE 185: MACHINATIONS IN PUBLIC AUCTIONS Acts punished Soliciting any gift or promise as a 1. b. Elements a. Offender has the intent to cause the reduction of the price of the thing auctioned. stay away from an auction by threats. c. It is done by threats. IMPORTANT POINT TO REMEMBER IN THIS ARTICLE The crime is consummated by: • mere solicitation of gift or promise as consideration for not bidding. There is a public auction. gifts. Such gift or promise is the consideration for his refraining from taking part in that public auction. d. gifts.IV. Elements a. b. c. promises or any other artifice. Offender solicits any gift or a promise from any of the bidders. or by mere attempt to cause prospective bidders to stay away from an auction • 100% UP LAW UP BAROPS 2008 Page 37 of 155 . Offender has the intent to cause the reduction of the price of the thing auctioned. consideration for refraining from taking part in any public auction. d. promises or any other artifice. Attempting to cause bidders to 2. Offender attempts to cause the bidders to stay away from that public auction. There is a public auction. 8 and 16 Sections 7. who organizes. Instrument. (Section 9) Manufacture or Delivery of Equipment. Dive or Resort (Section 7) • • • What common penalties and fines are applied to those unlawful acts? • The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500. 9 and 10) Anyone who acts as a "protector/coddler" of any violator of the provisions under sections 4. Instrument. Apparatus and Other Paraphernalia for Dangerous Drugs (Section 12) • • The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One hundred thousand pesos (P100. 16. (Section 6) Employees and Visitors of a Den.00) ◦ Those acts which include or involve any dangerous drugs (Sections 4. COMPREHENSIVE DANGEROUS DRUGS ACT • Republic Act No. Administration. Dive or Resort. 8 and 16 shall be imposed upon any person. 6.000. 9165? • Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemical (Section 4) Sale. 5.000. [Section 3 (j). and Other Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals (Section 5) Maintenance of a Den. Apparatus and Other Paraphernalia for Dangerous Drugs During Parties.00) to Five hundred thousand pesos (P500. 10. Instrument. 6. (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) • • • What are the unlawful acts defined and punished in Republic Act No. 5. RA 9165] CRIMINAL LAW II Possession of Dangerous Drugs During Parties. 5. 6. Social Gatherings or Meetings (Section 13) Possession of Equipment. Trading. manages or acts as a "financier" of any of the illegal Page 38 of 155 100% UP LAW UP BAROPS 2008 . 16 and 19) • • • • Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals (Section 8) Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals. • ◦ • ◦ • The maximum penalty provided for under sections 4. 5. (Section 10) Possession of Dangerous Drugs (Section 11) Possession of Equipment. 8. 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.000.00) to Ten million pesos (P10. as amended by the 1972 Protocol.000. and in the Schedules annexed to the 1971 Single Convention on Psychotropic Substances as enumerated in the attached annex which is an integral part of this Act. 9165 (Comprehensive Dangerous Drugs Act of 2002) • What is the definition of “Dangerous Drugs”? • Dangerous Drugs include those listed in the Schedules annexed to the 1961 Single Convention on Narcotic Drugs.V. 11.000. 17. 8. 6. Apparatus. Dispensation.00) ◦ Those acts which involve any controlled precursor and essential chemical (Sections 4. Delivery. manager. Article II. a positive finding for the use of dangerous drugs shall be a qualifying aggravating circumstance in the commission of a crime by an offender. (Section 31) ◦ Section 31. estate administrator. COMPREHENSIVE DANGEROUS DRUGS ACT activities prescribed in those sections. ◦ ◦ The maximum penalties of the unlawful acts provided for in this Act shall be imposed. shall suffer the penalty of death. unless the penalty is death. Article II. and political rights such as but not limited to. after service of sentence. RA 9165 Any person convicted for drug trafficking or pushing under this Act. (Section 30) ◦ Section 30. as amended. Article II. RA 9165 Any person who is found guilty of "planting" any dangerous drug and/or controlled precursor and essential chemical. president. RA 9165 Accessory Penalties (section 35) • A person convicted under this Act shall be disqualified to exercise his/her civil rights such as but not limited to. Such rights shall also be suspended during the pendency of an appeal from such conviction. for treatment and rehabilitation of the drug dependency. Article II. spouse. RA 9165 Page 39 of 155 In case any violation of this Act is committed by a partnership. by himself/herself or through his/her parent. any alien who violates such provisions of this Act shall. apply to the Board or its duly recognized representative. Article II. or officer who consents to or knowingly tolerates such • 100% UP LAW UP BAROPS 2008 . the right to vote and be voted for. be deported immediately without further proceedings. trustee. ◦ Section 25.V. • Any person charged under any provision of this Act regardless of the imposable penalty shall not be allowed to avail of the provision on plea-bargaining. if those found guilty of such unlawful acts are government officials and employees. regardless of the penalty imposed by the Court. RA 9165 May a drug dependent who is found guilty of the use of dangerous drugs voluntarily submit himself for treatment and rehabilitation? • Yes. Article II. (Section 29) ◦ Section 29. in addition to absolute perpetual disqualification from any public office. corporation. ◦ Section 28. regardless of quantity and purity. director. RA 9165 ◦ • Section 35. Article VIII. Upon such application. Section 54. the Board shall bring forth the matter to the Court which shall order that the applicant be examined for drug dependency. RA 9165 In addition to the penalties prescribed in the unlawful act committed. guardian or relative within the fourth degree of consanguinity or affinity. 968. Article II. ▪ ◦ either as to the person or property of any ward Notwithstanding the provisions of any law to the contrary. The drug dependent may. Article II. ◦ Section 23. cannot avail of the privilege granted by the Probation Law or Presidential Decree No. ◦ the rights of parental authority or guardianship. RA 9165 the rights to dispose of such property by any act or any conveyance inter vivos. association or any juridical entity. RA 9165 CRIMINAL LAW II violation shall be held criminally liable as a co-principal. ◦ Section 24. the partner. and the application of the penalty provided for in the Revised Penal Code shall be applicable. upon petition by the Board or any of its authorized representative. the Revised Penal Code. Section 61. Notwithstanding any law. RA 9165 • • • • How will a drug dependent who is under the voluntary submission program and is finally discharged from confinement in the Center be exempt from criminal liability? 1. rule and regulation to the contrary. Article VIII. after which time the Court. unified and balanced national drug abuse prevention and control strategy. be confined for treatment and rehabilitation in any Center duly designated or accredited for the purpose. the applicable rules and regulations of the Board. Article IX. COMPREHENSIVE DANGEROUS DRUGS ACT CRIMINAL LAW II Is there also compulsory confinement? • Yes. He/she poses no serious danger to himself/herself. A petition for the confinement of a person alleged to be dependent on dangerous drugs to a Center may be filed by any person authorized by the Board with the Regional Trial Court of the province or city where such person is found. 6425. shall be apprised by the head of the treatment and rehabilitation center of the status of said drug dependent and determine whether further confinement will be for the welfare of the drug dependent and his/her family or the community. ◦ be under the Office of the President. as amended. Section 55. RA 9165 Dangerous Drugs Act of 1972 or Republic Act No. He/she has never been charged or convicted of any offense punishable under this Act. as well as the Board. or any special penal laws 3. Article VIII. any person determined and found to be dependent on dangerous drugs shall. Section 82. Section 54. RA 9165 • • How long will the drug dependent be confined for treatment and rehabilitation? • Confinement in a Center for treatment and rehabilitation shall not exceed one (1) year. • Section 77. RA 9165 What are the functions of the Dangerous Drugs Board? • The Board shall: ◦ Be the policy-making and strategy-formulating body in the planning and formulation of policies and programs on drug prevention and control. Article IX. integrated. RA 9165 What is the PDEA? The PDEA is the Philippine Drug Enforcement Agency It serves as the implementing arm of the Dangerous Drugs Board It shall be responsible for the efficient and effective law enforcement of all the provisions on any dangerous drug and/or controlled precursor and essential chemical as provided in this Act.V. Article VIII. He/she has complied with the rules and regulations of the center. his/her family or the community by his/her exemption from criminal liability. He/she has no record of escape from a Center 4. as amended. ◦ develop and adopt a comprehensive. the 100% UP LAW UP BAROPS • 2008 Page 40 of 155 . including the after-care and follow-up program for at least eighteen (18) months following temporary discharge from confinement in the Center 2. 2. or banker in a game of jueteng or similar game. Betting in sport contests (Art. figures. articles of value. 199). CRIMES AGAINST PUBLIC MORALS TITLE VI: CRIMES AGAINST PUBLIC MORALS 1. Being maintainer. Elements of Lottery: 1. sale and possession of lottery tickets or advertisements (Art. or any other game or scheme the results of which depend wholly or chiefly upon chance or hazard. Spectators are not liable in gambling. Definition of Gambling: any game of chance or scheme. 4. which provides for stiffer penalties for violation of the Gambling Laws. 3. Winning the watch is only a bonus. any game of monte. jueteng. Knowingly permitting any form of gambling to be carried on in any place owned or controlled by the offender. but with the lottery the public starts patronizing such merchandise. policy. Illegal betting on horse races (Art. Gambling IMPORTANT POINTS ABOUT THIS ARTICLE: CRIMINAL LAW II TO REMEMBER Arts. Gambling and Betting 1. but also for the chance to win a prize out of the lottery. or b. ARTICLE 195. Chance 3. Gambling (Art. 4. banking. paper. so that the public actually does not buy them. Criteria to determine already gambling: if lottery is 1. wherein wagers consisting of money. Grave scandal (Art. In effect. Even sports contents like boxing. conductor. the Revised Penal Code considered the skill of the player in classifying whether a game is gambling or not. If the merchandise is not saleable because of its inferior quality. WHAT ACTS PUNISHABLE IN GAMBLING Acts punished ARE 1. • Example: A package of cigarette sold at P0. 3. Taking part directly or indirectly in – a. or wherein wagers consisting of money. obscene publications and exhibitions (Art. Consideration 2. This is not lottery. Immoral doctrines. 202) A. dog races. the exploitation or use of any other mechanical invention or contrivance to determine by chance the loser or winner of money or any object or representative of value. Prize or some advantage or inequality I amount or value which is in the nature of a prize. If the public is made to pay not only for the merchandise that he is buying. or representative of value are made. Public is made to pay a higher price. or percentage game. the skill of the players is immaterial. 195-199 and provisions of PD 483 and 9 are repealed insofar as they are inconsistent with PD 1602. articles or value or representative or value are at stake or made. 8. the public BAROPS 2008 Page 41 of 155 100% UP LAW UP .VI. 2. 2.30 each includes a coupon which may allow the buyer to win a gold watch. Importation. 197). signs or symbol which pertain to or are in any manner used in the game of jueteng or any similar game. Knowingly and without lawful purpose possessing lottery list. 195). 198). would be gambling insofar as those who are betting therein are concerned. 7. 5. or other matter containing letters. 196). or any other form of lottery. There is no lottery when the person gets the full value for his money. Before. Vagrancy and prostitution (Art. 201). But under the new gambling law. whether upon chance or skill. because they do not take part directly or indirectly. 6. Illegal cockfighting (Art. 200). That a gambling game was carried on in an inhabited or uninhabited place or in any building. and therefore the lottery is a gambling game. Possessing. Elements of “Knowingly Permitting Gambling to be Carried on in a Place Owned or Controlled by the Offender”: 1. Illegal Betting on Horse Race The maintainer or conductor in a gambling game is likewise punished.VI. softball. 2. or other means of transportation 2. jai-alia. game-fixing. in connection with the games of basketball. That the offender permitted the carrying on of such games knowing that it is a gambling game. 3. Betting in Sports Contests This article has been repealed by Presidential Decree No. vessel. Betting. combinations. games or races. To be prosecuted for possessing a jueteng list. game machination. SALE AND POSSESSION OF LOTTERY TICKETS OR ADVERTISEMENTS Acts punished 1. scheme or agreement by which the skill of ability of any player or participant in a game. volleyball. pointshaving or game machination unlawful. 3. GAME MACHINATION any other fraudulent. as well as betting therein except as may be authorized by law. races or sports contest. Selling or distributing the same in connivance with the importer. point-shaving. Game-fixing or Point-shaving and Machinations in Sport Contests): Section 2. 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. vessel or other means of transportation is owned or controlled by the offender 3. 100% UP LAW UP BAROPS 2008 Page 42 of 155 . 483 (Betting. races and other sport contests. Importation. lottery tickets or advertisements. Selling or distributing the same without connivance with the importer of the same. deceitful. boxing bouts. That the place. scheme or agreement by which the result of any game. manner or practice employed for the purpose of influencing 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. proof that the game took place or is about to take place is not necessary. player or participant therein. methods. 2. – Game-fixing. Who is a maintainer?: A person who sets up and furnishes the means with which to carry on the gambling game or scheme. is hereby declared unlawful. baseball. unfair or dishonest means. or 2. IMPORTATION. knowingly and with intent to use them. Article 197. chess. POINT-SHAVING any such arrangement. Public is not made to pay a higher price. pelota and all other sports contests. BETTING betting money or any object or article of value or representative of value upon the result of any game. or 4. CRIMES AGAINST PUBLIC MORALS is paying for the lottery and not for the merchandise. as defined in the preceding section. CRIMINAL LAW II IMPORTANT POINT TO REMEMBER ABOUT THIS ARTICLE: The possession of any lottery ticket or advertisement is prima facie evidence of an intent to sell. Importing into the Philippines from any foreign place or port any lottery ticket or advertisement. combination. Who is a conductor?: A person who manages or carries on the gambling game or scheme. Sale and Possession of Lottery Tickets or Advertisements ARTICLE 196. sipa. distribute or use the same in the Philippines. building. GAME-FIXING any arrangement. good taste. B. Illegal Cockfighting This article has been modified or repealed by Presidential Decree No. If it is committed in a private place. • Cockfighting not allowed on December 30. social conventions carried on by tradition and enforced by social disapproval of any violation thereof. The highly scandalous conduct is not expressly falling within any other article of this Code. November 30. CUSTOMS: established usage. Revised Election Code). Offender performs an act or acts. 137). 946). • Cockfights can only be held in licensed cockpits on Sundays and legal holidays and local fiestas for not more than three days. Good Friday. GRAVE SCANDAL Elements 1. • Any registration or voting days (Republic Act No. industrial. have given rise to public scandal to persons who have accidentally witnessed the same. Grave Scandal ARTICLE 200. Comprehensive Reviewer in Criminal Law) Any act which is notoriously offensive to decency may bring about criminal liability for the crime of grave scandal provided such act does not constitute some other crime under the Revised Penal Code. 2. (Boado. 2008 Page 43 of 155 100% UP LAW UP BAROPS . CRIMES AGAINST PUBLIC MORALS CRIMINAL LAW II ARTICLE 198. etc. proper observance of the requirements of modesty. 3. and registration days for referendums and elections. IMPORTANT POINTS ABOUT THIS ARTICLE: TO REMEMBER DECENCY: means proprietary of conduct.VI. Any race held on the same day and at the same place shall be held punishable as a separate offense. 229).000 in which case two cockpits may be established. it is grave scandal only where there is mutual consent. 4. unless the population exceeds 100. • Only municipal and city mayors are allowed to issue licenses for such. 2. IMPORTANT POINTS ABOUT THIS ARTICLE: TO REMEMBER When horse races are not allowed: • July 4 (Republic Act No. Election or Referendum Day. Holy Thursday. he must participate as a bettor. and • Holy Thursday and Good Friday (Republic Act No. and 4. having committed publicly. 180. The act or acts complained of be committed in a public place or within the public knowledge or view. The acts must be performed in a public place or within the public knowledge or view. carnivals. municipal. 449 (The Cockfighting Law of 1974): • Only allows one cockpit per municipality. • December 30 (Republic Act No. To be liable. Maintaining or employing a totalizer or other device or scheme for betting on races or realizing profit therefrom during the periods not allowed by law. Grave scandal is a crime of last resort. Betting on horse races during periods not allowed by law. ILLEGAL BETTING ON HORSE RACE Acts punished 1. the crime of grave scandal is not committed. In conducts involving lasciviousness. June 12. city. Article 199. Offenses Against Decency and Good Customs 1. or exposition not more than three days. Such act or acts be highly scandalous as offending against decency or good customs. agricultural fairs. IMPORTANT POINT TO REMEMBER ABOUT THIS ARTICLE: This decree does not punish a person attending as a spectator in a cockfight. • Also allowed during provincial. GRAVE SCANDAL: consists of acts which are offensive to decency and good customs which. it being understood that the obscene literature or indecent or immoral plays. good customs. sculptures. 2. It is more on the effect upon the viewer and not alone on the conduct of the performer. cinematographs. If the material has the tendency to deprave and corrupt the mind of the viewer then the same is obscene and where such obscenity is made publicly. Immoral Doctrines. glorify criminals or condone crimes. The authors of obscene literature. Those who. acts or shows. CRIMES AGAINST PUBLIC MORALS Illustration: 1. IMPORTANT POINT TO REMEMBER ABOUT THIS ARTICLE: 100% UP LAW UP BAROPS 2008 Page 44 of 155 . except nylon patches over her breasts and too abbreviated pair of nylon panties to interrupt her stark nakedness should be made the gauge in the determination of whether the dance or exhibition was indecent or immoral. 2. it is a clear and unmitigated obscenity. As long as the pornographic matter or exhibition is made privately. criminal liability arises. This is grave scandal. People v Aparici • The reaction of the public during the performance of a dance by one who had nothing to cover herself with. lust or pornography. and • • 1. fairs. engravings. serve no other purpose but to satisfy the market for violence. 3. sometimes. tend to abet traffic in and use of prohibited drugs. public order. are contrary to law. They were not offensive to chastity but merely depicted persons as they actually lived. 2. in theaters. shall include those which: 1. Obscene Publications and Exhibitions and Indecent Shows ARTICLE 201. there is no crime committed under the Revised Penal Code because what is protected is the morality of the public in general. People v Padan (1957) • An actual exhibition of the sexual act can have no redeeming feature—no room for art. 3. decrees and edicts. Those who shall sell. established policies. acts. give away. whether live or in film. specifically. or shows. prints. and 5. offend any race. THE TEST OF OBSCENITY: • The test is objective. ( 4. the editors publishing such literature. 2. Therefore. and the moral sense of the people were not shocked by those pictures. A man and a woman went to Luneta and slept there. CRIMINAL LAW II MORALS: imply conformity with the generally accepted standards of goodness or rightness in conduct or character. scenes. or literature which are offensive to morals. 3. People v Kottinger (1923) • The SC said that the postcards were not obscene because the aggregate judgment of the community. IMMORAL DOCTRINES. and the owners/operators of the establishment selling the same.VI. OBSCENE PUBLICATIONS AND EXHIBITIONS AND INDECENT SHOWS Acts punished 1. exhibit indecent or immoral plays. or any other place. b. They covered themselves their blanket and made the grass their conjugal bed. a. or religion. or exhibit films. published with their knowledge in any form. morals. lawful orders. which are proscribed by virtue hereof. to sexual conduct. scenes. Those who shall publicly expound or proclaim doctrines openly contrary to public morals. The purpose of the law is not simply to punish a person because he has no 1. Any person who is found begging and who is physically or mentally incapable of gainful occupation Who are punishable? IMPORTANT POINT TO REMEMBER ABOUT THIS ARTICLE: PROSTITUTES: women who. who has the physical ability to work and who neglects to apply himself or herself to some lawful calling. and who acted with or without discernment 3. One who habitually associates with prostitutes. PD 1563 MENDICANCY LAW OF 1978 What is a Mendicant? A mendicant refers to any person (except those enumerated in section 4 of the law) who has no visible and legal means of support.00 or by imprisonment for a period not exceeding years. shall be found loitering in any inhabited or uninhabited place belonging to another without any lawful or justifiable purpose. Those enumerated in section 4. The common concept of a vagrant is a person who loiters in public places without any visible means of livelihood and without any lawful purpose. 4. Any infant or child 8 years old and below who is found begging or is being utilized by a mendicant for purposes of begging 2.00 or by imprisonment for a period not exceeding 2 years or both at the discretion of the court. 2. it is to prevent further criminality. for money or profit habitually indulge in sexual intercourse or lascivious conduct VAGRANTS: 1. Even millionaires or one who has more that enough for his livelihood can commit vagrancy by habitually associating with prostitutes. Ruffians or pimps and those who habitually associate with prostitutes. 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. Any idle or dissolute person who ledges in houses of ill fame. An idle or dissolute person who lodges in houses of ill-fame 2.VI. 2. 100% UP LAW UP BAROPS 2008 Page 45 of 155 . Any person found wandering in an estate belonging to another whether public or private without any lawful purpose also commits vagrancy. PROSTITUTION VAGRANCY AND Persons Liable: 1. upon conviction. Vagrancy and Prostitution ARTICLE 202. ruffians. Any person found loitering about public or semi-public buildings or places or trampling or wandering about the country or the streets without visible means of support. A mendicant shall. CRIMES AGAINST PUBLIC MORALS CRIMINAL LAW II means of livelihood. be punished by a fine not exceeding P500. who are not considered mendicants are the following: 1. Any person having no apparent means of subsistence. unless his acts constitutes some other crime in the Revised Penal Code. not being included in the provisions of other articles of this Code. or 3. pimps. Any person who. or by habitually lodging in houses of ill-repute. A habitual mendicant (one who has been convicted of mendicancy under this law 2 or more times) shall be punished by a fine not exceeding P1000. Ruffian or pimp. 5. 3. 3. Any minor over 9 years of age and under 15 found begging or is being utilized for purposes of begging. or both at the discretion of the court. 205). 234). 210). 5. 29. 213). 238). Prosecution of offenses. Betrayal of trust by an attorney or solicitor. 10. 8.Prolonging performance of duties and powers (Art. 21.Refusal to discharge elective office (Art. 243). Direct bribery (Art. By appointment by competent authority. 244). 217).Refusal of assistance (Art. or accessory to the crime. 22. 1.Corruption of public officials (Art. Crimes under this title can be committed by public officers or a nonpublic officer. 212). The term “public officers” embraces every public servant from the highest to lowest. 233).VII.Possession of prohibited interest by a public officer (Art.Open disobedience (Art. 245). — Revelation of secrets (Art. 216). 7. Judgment rendered through negligence (Art. Indirect bribery (Art. 12. 225). 17. agent or subordinate official. Who are public officers (Art. 24.Officer breaking seal (Art.Disobeying request for disqualification (Art.Disobedience to order of superior officers.Unlawful appointments (Art. 221). 39. or an accomplice.Usurpation of judicial functions (Art. CRIMES COMMITTED BY PUBLIC OFFICERS TITLE VII: CRIMES COMMITTED BY PUBLIC OFFICERS 1. 19. 27. 23.Illegal use of public funds or property (Art. 33. Officers and employees of government owned and controlled 2008 Page 46 of 155 BAROPS . The public officer has to be the principal. b.Public officer revealing secrets of private individual (Art.Evasion through negligence (Art.Anticipation of duties of a public office (Art. 2) Performing in said government or in any of its branches public duties as an employee. ARTICLE 203. 208).Prohibited transactions (Art. 232). 31. 42. 228). 6. negligence and tolerance (Art.Orders or requests by executive officers to any judicial authority (Art. 218). 38. 11. 40. or any rank or class. 34. 28. 222). 229). Malicious delay in the administration of justice (Art. 214). 211). 226). 241). 236). 219). 15. 240). 36.Conniving with or consenting to evasion (Art. Knowingly rendering unjust judgment (Art.Usurpation of executive functions (Art. 237). 3. or c. 18. 204). when the latter become a conspirator with a public officer. By popular election.Opening of closed documents (Art. 16. 30. 13. 207).Other frauds (Art. 209). 37. 2. Presumption of malversation (Art.Frauds against the public treasury and similar offenses (Art. 231). 25.Abuses against chastity. Qualified bribery (Art. 3) His authority to take part in the performance of public functions or to perform public duties must be – a. 203). when said order was suspended by inferior officer (Art. 4. 227). PUBLIC OFFICERS WHO ARE Requisites: 1) Taking part in the performance of public functions in the government. 230). 235).Officers included in the preceding provisions (Art. 43.Escape of prisoner under the custody of a person not a public officer (Art.Failure of accountable officer to render accounts (Art.Failure of a responsible public officer to render accounts before leaving the country (Art. 242).Failure to make delivery of public funds or property (Art. 9. IMPORTANT POINTS ABOUT THIS TITLE: TO REMEMBER This is one of the instances where the Revised Penal Code may be given extra-territorial application under Article 2 (5) thereof. 220). 32. 14. 41. 211-A).Maltreatment of prisoners (Art. 239). 100% UP LAW UP CRIMINAL LAW II 35. concealment or destruction of documents (Art. 44. 215).Usurpation of legislative powers (Art.Revelation of secrets by an officer (Art.Removal. Penalties (Art.Abandonment of office or position (Art. 223). Unjust interlocutory order (Art. By direct provision of the law. 206). 26. 224).Malversation of public funds or property. 20. 2. included but not a sequestered CRIMINAL LAW II 4. Offender is a judge. ARTICLE 207. 3. with deliberate intent to inflict damage on either party in the case. Judgment is unjust. that is. KNOWINGLY RENDERING UNJUST JUDGMENT Elements: 1. There is a proceeding in his court. He renders a judgment in a case submitted to him for decision. The delay is malicious. Knowingly rendering an unjust interlocutory order or decree. He delays in the administration of justice.VII. Offender is a judge. 3. Judge Villanueva The Supreme Court held that a judgment is said to be unjust when it is contrary to the standards of conduct prescribed by law. The reason for this is that in appellate court. No liability if mere error in good faith. 5. JUDGMENT RENDERED THROUGH NEGLIGENCE Elements: 1. Malice must be proven. If the order leaves something to be done in the trial court with respect to the merits of the case. 2. Rendering a manifestly unjust interlocutory order or decree through inexcusable negligence or ignorance. or b. He renders a judgment in a case submitted to him for decision. 4. 100% UP LAW UP BAROPS 2008 Page 47 of 155 . It is due to his inexcusable negligence or ignorance. ARTICLE 206. it is interlocutory. The crime may be committed only by a judge of a trial court and never of an appellate court. Malice is present where the delay is sought to favor one party to the prejudice of the other. Louis Vuitton SA v. UNJUST INTERLOCUTORY ORDER Elements: 1. ARTICLE 204. 2. 3. Offender is a judge. it is final. He performs any of the following acts: a. If it does not. Offender is a judge. Malfeasance and Misfeasance in Office Malfeasance Doing of an act which a public officer should not have done Improper doing of an act which a person might lawfully do Failure of an agent to perform his undertaking for the principal Misfeasance Nonfeasance 2. MALICIOUS DELAY IN THE ADMINISTRATION OF JUSTICE Elements: 1. A. 4. not only one magistrate renders or issues the interlocutory order. 2. A manifestly unjust judgment is one which is so manifestly contrary to law that even a person having a few knowledge of the law cannot doubt the injustice. CRIMES COMMITTED BY PUBLIC OFFICERS corporations those of corporation. There must be evidence that the judgment is unjust for it cannot be presumed. ARTICLE 205. The test to determine whether an order or judgment is unjust maybe inferred from the circumstances that it is contrary to law or is not supported by evidence. 4. The judgment is manifestly unjust. 3. The judge knows that his judgment is unjust. dereliction of duty refers only to prosecuting officers. 3. Causing damage to his client. If it is just incidental. 2. Note: When the attorney acts with malicious abuse of his employment or inexcusable negligence or ignorance. This crime can only be committed by a public officer whose official duty is to prosecute offenders. Maliciously refraining from instituting prosecution against violators of the law. 3. The breach of professional duty must be malicious. NEGLIGENCE AND TOLERANCE Acts Punished: 1. knowing the commission of the crime. although it may be the subject of administrative discipline.VII. 2. Undertaking the defense of the opposing party in the same case.g. Elements: 1. at most he will be liable administratively as a lawyer. without the consent of his first client. e. 100% UP LAW UP BAROPS 2008 Page 48 of 155 . Communications made with prospective clients to a lawyer with a view to engaging his professional services are already privileged even though the client-lawyer relationship did not eventually materialize. While in Article 208. By inexcusable negligence or ignorance. after having undertaken the defense of said first client of after having received confidential information from said client. 7. there must be damage to his client. There is a dereliction of the duties of his office. PROSECUTION OF OFFENSES. either— a. that is. ARTICLE 208. (3)Inexcusable negligence. the term PREVARICACION applies to public officers in general who is remiss or who is maliciously refraining from exercising the duties of his office. By any malicious breach of professional duty. he tolerates its commission. suspension or disbarment under the Code of Professional Responsibility. — REVELATION SECRETS OF OR OF Acts Punished: 1. he does not cause the prosecution of the criminal. offenses. (4)Revelation of secrets learned in his professional capacity. causing damage to the client. or to prosecute. Several acts which would make a lawyer criminally liable: (1)Maliciously causing damage to his client through a breach of his professional duty. 2. (2)Through gross ignorance. or knowing that a crime is about to be committed. The confidential matters or information must be confided to the lawyer in the latter’s professional capacity. ARTICLE 209. BETRAYAL TRUST BY AN ATTORNEY SOLICITOR. Maliciously tolerating the commission of offenses. Offender acts with malice and deliberate intent to favor the violator of the law. b. Offender is a public officer or officer of the law who has a duty to cause the prosecution of. it would not give rise to criminal liability. Revealing any of the secrets of his client learned by him in his professional capacity (damage is not necessary). CRIMES COMMITTED BY PUBLIC OFFICERS CRIMINAL LAW II 6.. Mere malicious breach without damage is not violative of Article 209. or b. in connection with the performance of his official duties. To refrain from doing something which it is his official duty to do. 100% UP LAW UP BAROPS 2008 Page 49 of 155 . ARTICLE 211. In consideration of the execution of an act which does not constitute a crime. Bribery exists when the gift is: a. voluntarily offered by a private person b. but the act must be unjust. CRIMINAL LAW II then there is no agreement and not all the acts necessary to commit the crime were present. Agreeing to perform. Elements 1. It could be in the form of money. In direct bribery however. or gift or present received by the public officer – a. solicited by the public officer and voluntarily delivered by the private person c. gift or present – an act constituting a crime. DIRECT BRIBERY Acts punished 1. or by refraining. This is not necessary in prevaricacion. from doing something which it is his official duty to do. 2. Agreeing to refrain. 8. He accepts gifts. if the offer is not accepted. or performing. An accepted offer or promise of a gift is sufficient. promise. Offender is a public officer. in connection with the performance of his official duty. With a view to committing some crime. Under the second type of bribery. INDIRECT BRIBERY Elements: 1. Such offer or promise be accepted. and future crimes intended to be committed by the client. 3. Accepting a gift in consideration of the execution of an act which does not constitute a crime. People v. in consideration of any offer. Offender accepts an offer or a promise or receives a gift or present by himself or through another. 2. The third type of bribery and prevaricacion (art 208) are similar offenses. If the act required of the public officer amounts to a crime and he commits it. 9. 208 (dereliction of duty). both consisting of omissions to do an act required to be performed. solicited by the public officer but the private person delivers it out of fear of the consequences should the public officer perform his functions (here the crime by giver is not corruption of public officials due to involuntariness) Under the first type of bribery. Offender is a public officer within the scope of Article 203. The gift must have a value or capable of pecuniary estimation. ARTICLE 210. The gifts are offered to him by reason of his office. the gift must be accepted by the public officer. A distinction must be made between confidential communications relating to past crimes already committed. The crime of bribery has no frustrated stage. in consideration of gift or promise. 3. Sandiganbayan The Supreme Court held that not all information received by counsel from client is classified as privileged. a gift or promise is given in consideration of the omission. If one party does not concur. only the person offering the gift is liable for attempted corruption of a public officer. he shall be liable for the penalty corresponding to the crime. However. 3. Direct bribery does not absorb Art.VII. 2. property or services. actual receipt of the gift is not necessary. Temporary performance of public functions is sufficient to constitute a person a public officer. or c. CRIMES COMMITTED BY PUBLIC OFFICERS (5)Undertaking the defense of the opposite party in a case without the consent of the first client whose defense has already been undertaken. The penalty is qualified if the public officer is the one who asks or demands such present. CORRUPTION OF PUBLIC OFFICIALS Elements: 1. the crime is 100% UP LAW UP BAROPS . Offender makes offers or promises or gives gifts or presents to a public officer. 3019 (ANTI-GRAFT AND CORRUPT PRACTICES ACT) 3.VII. or present. information and testimony can be corroborated on its material points 2008 Page 50 of 155 The crime of qualified bribery may be committed only by public officers “entrusted with enforcement” whose official duties authorize then to arrest or prosecute offenders. 2. This is always in the consummated stage. 46 6. He refrains from arresting or prosecuting an offender who has committed a crime punishable by reclusion perpetua and/or death. The offender is the giver of the gift or the offeror of the promise. the information and testimony are not yet in the possession of the State d. 749 2. information refers to consummated violations b. 3. ARTICLE 212. 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. PRESIDENTIAL DECREE NO. There is no attempted much less frustrated stage in indirect bribery. promise. PRESIDENTIAL DECREE NO. It is sufficient that he accepts the gift offered by reason of his office. 2. QUALIFIED Elements: 1. Mere physical receipt unaccompanied by any other sign. 11. Public officers receiving gifts and private persons giving gifts on any occasion. including Christmas are liable under PD 46. the officer does any act in favor of the giver which is unfair to the others. There must be clear intention on the part of the public officer o to take the gift offered and o consider the property as his own for that moment. RA 6713: CODE OF CONDUCT AND ETHICAL STANDARDS FOR PUBLIC OFFICIALS AND EMPLOYEES 10. gift. The following are the SPECIAL LAWS related to the prosecution and punishment of GRAFT and CORRUPTION: 1. If penalty is lower than reclusion perpetua and/or death. it is not necessary that the officer do any act. The offers or promises are made or the gifts or presents given to a public officer. 1379 (FORFEITURE OF ILLGOTTEN WEALTH) 5. circumstance or act to show such acceptance is not sufficient to convict the officer. the officer agrees to perform or refrain from doing an act in consideration of the gift or promise. RA NO. In the latter case. If after receiving the gift. necessity of the information or testimony c. under circumstances that will make the public officer liable for direct bribery or indirect bribery. The act may or may not be accomplished. RA NO. Offender refrains from arresting or prosecuting in consideration of any offer. it ceases to be indirect but becomes direct bribery. direct CRIMINAL LAW II bribery The dereliction of the duty punished under Article 208 of the Revised Penal Code is absorbed. Offender is a public officer entrusted with law enforcement. 7080 (ANTI-PLUNDER ACT) 4. PRESIDENTIAL DECREE NO. RA NO. ARTICLE BRIBERY 211-A. CRIMES COMMITTED BY PUBLIC OFFICERS The principal distinction between direct and indirect bribery is that in the former. or group of which he is a member. present. Directly or indirectly becoming interested. inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter. present. E. Directly or indirectly having financial or pecuniary interest in any business. after due demand or request. advantage. from any person for whom the public officer. 3019 (ANTI-GRAFT AND CORRUPT PRACTICES ACT) Acts Punished (Sec. into any contract or transaction manifestly and grossly disadvantageous to the same. for personal gain. panel. K. F. acquired by his office or by him on account of his official position to unauthorized persons. on behalf of the Government. 3): A. or in which he is prohibited by the constitution or by any law from having any interest. privilege. he has to be charged first with the receiver. for himself or for another. or indirectly requesting or receiving any gift. or will secure or obtain. for the purposes of harassing the officer. administrative or judicial function through manifest partiality. Divulging valuable information of a confidential character. The public officer in this even is entitled to the appropriate action against the informant. Directly or indirectly requesting or receiving any gift. D. Directly. panel or group. or influenced to commit such violation or offense. or of a mere representative or dummy of one who is not so qualified or entitled. or releasing such information in advance of its authorized release date. or allowing himself to be persuaded. I. Causing any undue injury to any party. or preference in the discharge of his official. evident bad faith or gross inexcusable negligence. induced. or benefit for himself or for any other person in connection with any contract or transaction between the government and any other party wherein the public officer in his official capacity has to intervene under the law. or giving any private party any unwarranted benefits. or benefit in favor of any person not qualified for or not legally entitled to such license. B.VII. in consideration for the held given or to be given. permit. Knowingly approving or granting any license. J. share. without sufficient justification. percentage. committee. Persuading. permit. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions. or advantage. any Government permit or license. Entering. The immunity granted the bribe-giver is limited only to the illegal transaction where the informant gave voluntarily the testimony. whether or not the public officer profited or will profit thereby. Page 51 of 155 2008 . H. 100% UP LAW UP BAROPS G. The immunity shall not attach when it turns out that the information given is false and malicious. CRIMES COMMITTED BY PUBLIC OFFICERS e. or other pecuniary or material benefit. even if he votes against the same or does not participate in the action of the board. has secured or obtained. C. Accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after its termination. Neglecting or refusing. privilege. or having a material interest in any transaction or act requiring the approval of a board. contract or transaction in connection with which he intervenes or take part in his official capacity. or for the purpose of favoring his own interest of giving undue advantage in favor of or discriminating against any other interested party. to act within a reasonable time on any matter pending before him for the purpose of obtaining directly or indirectly. from any person interested in the matter some pecuniary or material benefit or advantage. informant has been previously convicted of a crime involving moral turpitude Before the bribe-giver may be dropped from the information. and which exercises discretion in such approval. including the Government. in any manner of capacity. CRIMINAL LAW II RA NO. his spouse or any of their dependents including but not limited to activities in any club or association or any ostentatious display of wealth including frequent travel abroad of a non-official character by any public official when such activities entail expenses evidently out of proportion to legitimate income. E. 4) D. 5). the approval of which is not discretionary on the part of the official(s) concerned but depends upon compliance with requisites provided by law. or rules or regulations issued pursuant to law. has been already dealing with the gov’t along the same line of business. Prima Facie Evidence of and Dismissal due to unexplained Wealth (Sec. Any act lawfully performed an official capacity or in the exercise of a profession. 2. request. continues for thirty days after such approval to retain his interest (Sec. 3. application. an amount of property and/or money manifestly out of proportion to his salary and to his other lawful income. who shall intervene. 8): If a public official has been found to have acquired during his incumbency. Any person who shall knowingly induce or cause any public official to commit any of the offenses under (A). 7). (Sec. CRIMES COMMITTED BY PUBLIC OFFICERS CRIMINAL LAW II Persons Liable: A. 4) C. in any business transaction. Any person having family or close personal relation with any public official who shall capitalize or exploit or take advantage of such family or close personal relation by directly or indirectly requesting or receiving any present. or speaker of the house of Representatives. Any application filed by him. Any public officer who shall fail to file a true. detailed and sworn statement of assets and liabilities within 30 days after assuming office and thereafter on or before the 15th day of April following the close of every calendar year. Any public officer who shall perform any of the following acts enumerated in Sec. of the president of the Philippines. The member of Congress or other public officer who. This prohibition shall not apply to: 1. who shall acquire or receive any personal pecuniary interest in any specific business enterprise which shall be directly and particularly favored or benefited by any law or resolution authored by him previously approved or adopted by Congress during his term (Sec. prior to the assumption of office of any of the above officials to whom he is related. or material. by consanguinity or affinity. the president of the Senate. Any public officer who recommended the initiation in Congress of the enactment or adoption of any law or resolution or acquires or receives any such interest during his incumbency (Sec. Bank deposits in the name of or manifestly excessive expenditures incurred by the public official. Spouse or any relative. whether in his name or in the name of other persons. when their acquisition through legitimate means cannot be satisfactorily shown. during the term for which he has been elected. contract or application with the gov’t (Sec. Exceptions: 2008 Page 52 of 155 BAROPS . or pecuniary advantage from any person having some business.VII. the vice-president. transaction. or upon his resignation or separation from office (Sec. G. 100% UP LAW UP F. gift. as well as upon the expiration of his term of office. 3 B. contract or application already existing or pending at the time of such assumption of public office. having such interest prior to the approval of a law or resolution authored or recommended by him. H. 6). 11). Any person who. Competent court: → All prosecutions under this Act shall be within the original jurisdiction of the Sandiganbayan (Sec. 6). 6). within the 3rd civil degree. directly or indirectly. Properties in the name of the spouse and dependents of such public official may be taken into consideration. or contact with the government in which such public official has to intervene (Sec. Any transaction. Any member of congress. 10). Prescription of offenses: → All offenses punishable under this Act shall prescribe in 15 years (Sec. 4. VII. CRIMES COMMITTED BY PUBLIC OFFICERS → Unsolicited gifts or presents of small or insignificant value offered or given as a mere ordinary token of gratitude of friendship according to local customs or usage, shall be excepted from the provisions of this act (Sec. 14). RA NO. 7080 (ANTI-PLUNDER ACT) Definition of Ill-gotten wealth: Any asset, property, business enterprise or material possession of any person acquired by him directly or indirectly through dummies, nominees, agents, subordinates, and/or business associates by any combination or series of the following means or similar schemes: A. Through misappropriation, conversion, misuse or malversation of public funds or raids on the public treasury. B. By receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or any other form of pecuniary benefit from any person and/or entity in connection with any government contract or project or by reason of the office or position of the public officer concerned; C. By the illegal or fraudulent conveyance or disposition of assets belonging to the National Government or any of its subdivisions, agencies or instrumentalities or governmentowned or controlled corporations and their subsidiaries; D. By obtaining, receiving or accepting, directly or indirectly, any shares of stock, equity or any other form of interest or participation, including the promise of future employment in any business enterprise or undertaking. E. By establishing agricultural, industrial or commercial monopolies or other combinations, and/or implementation of decrees and orders intended to benefit particular persons or special interests; F. By taking undue advantage of official position, authority, relationship, connection or influence to unjustly enrich himself or themselves at the expense and to the damage or prejudice of the Filipino people and the Republic of the Philippines. Estrada v. Sandiganbayan The Supreme Court held that the means and schemes to acquire ill100% UP LAW UP BAROPS CRIMINAL LAW II gotten wealth should be committed by a combination or through a series of acts. There should be at least two acts otherwise the accused should be charged with the particular crime committed and not with plunder. A combination means at least two acts of a different category while a series means at least two acts of the same category. Persons Liable: A. 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 illgotten 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). B. Any person who participated with the said public officer in the commission of plunder. Jurisdiction: All prosecutions under this Act shall be within the original jurisdiction of the Sandiganbayan. Rule of Evidence: For purposes of establishing the crime of plunder, it shall not be necessary to prove each and every criminal act done by the accused in furtherance of the scheme and conspiracy to amass, accumulate or acquire ill-gotten wealth, it being sufficient to establish beyond reasonable doubt a pattern of overt or criminal acts indicative of the overall unlawful scheme or conspiracy. Prescription of Crime: The crime of plunder shall prescribe in 20 years. However, the right of the State to recover properties unlawfully acquired by public officers from them or from their nominees or transferees shall not be barred by prescription, laches or estoppel. RA NO. 1379 (FORFEITURE OF ILLGOTTEN WEALTH) The proceedings are civil and not criminal in nature. 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. 2008 Page 53 of 155 VII. CRIMES COMMITTED BY PUBLIC OFFICERS CRIMINAL LAW II No criminal charges can be filed against the public officer under this law; however the said public officer may be held criminally and/or administratively liable under other laws. 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 giftgiving 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. RA 6713: CODE OF CONDUCT AND ETHICAL STANDARDS FOR PUBLIC OFFICIALS AND EMPLOYEES Definition of terms: A. "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. B. "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. C. "Relatives" refers to any and all persons related to a public official or employee within the fourth civil degree of consanguinity or affinity, including bilas, inso and balae. agent, trustee or nominee in any private enterprise regulated, supervised or licensed by their office unless expressly allowed by law; 2. Engage in the private practice of their profession unless authorized by the Constitution or law, provided, that such practice will not conflict or tend to conflict with their official functions; or 3. Recommend any person to any position in a private enterprise which has a regular or pending official transaction with their office. C. Public officials and employees shall not use or divulge, confidential or classified information officially known to them by reason of their office and not made available to the public, either: 1. To further their private interests, or give undue advantage to anyone; or 2. to prejudice the public interest. D. Public officials and employees shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan or anything of monetary value from any person in the course of their official duties or in connection with any operation being regulated by, or any transaction which may be affected by the functions of their office. Prohibited Acts and Transactions (sec. 7): A. Public officials and employees shall not have any financial or material interest in any transaction requiring the approval of their office. B. Public officials and employees during their incumbency shall not: 1. Own, control, manage or accept employment as officer, employee, consultant, counsel, broker, 100% UP LAW UP Gifts or grants from foreign governments: A. The acceptance and retention by a public official or employee of a gift of nominal value tendered and received as a souvenir or mark of courtesy; B. The acceptance by a public official or employee of a gift in the nature of a scholarship or fellowship grant or medical treatment; or C. The acceptance by a public official or employee of travel grants or expenses for travel taking place entirely outside the Philippine (such as allowances, transportation, food, and lodging) of more than nominal value if such acceptance is appropriate or consistent with the interests of the Philippines, and permitted by the head of office, branch or agency to which he belongs. These prohibitions shall continue to apply for a period of one (1) year after resignation, retirement, or separation from public office, except in the case 2008 Page 54 of 155 BAROPS VII. CRIMES COMMITTED BY PUBLIC OFFICERS of subparagraph (b) (2) above, but the professional concerned cannot practice his profession in connection with any matter before the office he used to be with, in which case the one-year prohibition shall likewise apply. Divestment (sec 9): When a conflict of interest arises, he shall resign from his position in any private business enterprise within thirty (30) days from his assumption of office and/or divest himself of his shareholdings or interest within sixty (60) days from such assumption. The same rule shall apply where the public official or employee is a partner in a partnership. B. Frauds and Illegal Exactions and Transactions CRIMINAL LAW II 2. He has taken advantage of his office, that is, he intervened in the transaction in his official capacity; 3. He entered into an agreement with any interested party or speculator or made use of any other scheme with regard to: a. furnishing supplies b. the making of contracts, or c. the adjustment or settlement of accounts relating to public property or funds; 4. He had intent to defraud the government The essence of this crime is making the government pay for something not received or making it pay more than what is due. It is also committed by refunding more than the amount which should properly be refunded. It is not necessary that the government is actually defrauded by reason of the transaction. It is sufficient that the public officer who acted in his official capacity had the intent to defraud the government. The offender must have the duty as public officer to deal with any person with regard to furnishing supplies, making of contracts, or the adjustments or settlement of accounts relating to public property or funds. The felony is consummated by merely entering into an agreement with any interested party or speculator or by merely making use of any scheme to defraud the Government. Elements of illegal exactions under par. 2 1. Offender is a public officer entrusted with the collection of taxes, licenses, fees and other imposts; 2. He is guilty of any of the following acts or omissions: a. Demanding, directly or indirectly, the payment of sums different from or larger than those authorized by law; or b. Failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him officially; or c. Collecting or receiving, directly or indirectly, by way of payment or otherwise, things or objects of a nature different from that provided by law. 2008 Page 55 of 155 12. ARTICLE 213. FRAUDS AGAINST THE PUBLIC TREASURY AND SIMILAR OFFENSES Acts Punished: 1. Entering into an agreement with any interested party or speculator or making use of any other scheme, to defraud the government, in dealing with any person with regard to furnishing supplies, the making of contracts, or the adjustment or settlement of accounts relating to public property or funds; 2. Demanding, directly or indirectly, the payment of sums different from or larger than those authorized by law, in collection of taxes, licenses, fees, and other imposts; 3. Failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him officially, in the collection of taxes, licenses, fees and other imposts; 4. Collecting or receiving, directly or indirectly, by way of payment or otherwise, things or objects of a nature different from that provided by law, in the collection of taxes, licenses, fees and other imposts. Elements of frauds against treasury under paragraph 1 1. Offender is a public officer; 100% UP LAW public UP BAROPS 3. commodities. He becomes interested in the transaction during his incumbency. in like manner. TRANSACTIONS PROHIBITED Elements: 1. 4. CRIMES COMMITTED BY PUBLIC OFFICERS This can only be committed principally by a public officer whose official duty is to collect taxes. swindling a minor. import duties and other dues payable to the government. arbitrators. a felony under this article is not committed. the crime is indirect bribery. Mere demand of a larger or different amount is sufficient to consummate the crime. distribution or adjudication of which they had acted. The basis here is the possibility that fraud may be committed or that the officer may place his own interest 100% UP LAW UP BAROPS 2008 Page 56 of 155 . However. directly or indirectly. The Revised Administrative Code is the applicable law. 2. in any transaction of exchange or speculation. Guardians and executors with respect to the property belonging to their wards or the estate 13. ARTICLE 215. directly or indirectly.VII. land etc wherein one hopes to take advantage of an expected rise or fall in price Purchasing of stocks or shares in a company is simple investment and not a violation of the article. the crime committed is estafa and not illegal exaction. became interested in any contracts or business in which it was his official duty to intervene. Offender is a public officer. Intervention must be by virtue of the public office held. He commits any of the frauds or deceits enumerated in Article 315 to 318 (estafa. ARTICLE 214. regularly buying securities for resale is speculation The offender may also be held liable under RA 3019 Sec 3(i) Officers and employees of the BIR or Customs are not covered by the article. took part in any contract or transaction connected with the estate or property in the appraisal. POSSESSION OF PROHIBITED INTEREST BY A PUBLIC OFFICER Persons liable: 1. What the law requires is a receipt in the form prescribed by law. Experts. other forms of swindling. OTHER FRAUDS Elements: 1. 3. Offender is an appointive public officer. The essence is the improper collection (damage to government is not required) The act of receiving payment due the government without issuing a receipt will give rise to illegal exaction even though a provisional receipt has been issued. 3. 2. When there is deceit in demanding a greater fee than those prescribed by law. However. Public officer who. and private accountants who. 15. If sums are received without demanding the same. Examples of transactions of exchange or speculation are: buying and selling stocks. The transaction takes place within the territory subject to his jurisdiction. May be malversation complexed with CRIMINAL LAW II 14. 2. He becomes interested. ARTICLE 216. other deceits). which means official receipt. if the sum is given as a sort of gift or gratification. He takes advantage of his official position. Fraud is not necessary. license fees. It can be committed either with malice or through negligence or imprudence. is controlling. and he misappropriates the same. If there is doubt. (2)When he has become an accomplice or accessory to a public officer who commits malversation. It is not necessary that the offender profited for as long as the accountable officer was remiss in his duty of safekeeping public funds or property. Malversation Property of Public Funds or CRIMINAL LAW II The funds or property must be received in an official capacity. Sandiganbayan The accused incurred shortage (P1. Appropriating public funds or property. there is a prima facie presumption that he had converted the same to his own use. C. it is only mitigating A person whose negligence made possible the commission of malversation by another can be held liable as a principal by indispensable cooperation Demand as well as damage to the government are not necessary elements A private person may also commit malversation under the following situations: (1)Conspiracy with a public officer in committing malversation. Technical malversation is not included in the crime of malversation. The nature of the duties of the public officer. 2. Those funds or property were public funds or property for which he was accountable. Audit must be complete and trustworthy. He appropriated. Audit should be made to determine if there was shortage. 2. CRIMES COMMITTED BY PUBLIC OFFICERS above that of the government or party he represents. or through abandonment or negligence. or the obligation to account for them. 3. If the public officer is not accountable for the funds or property but someone else. Malversation is embezzlement otherwise called The public officer must have official custody or the duty to collect or receive funds due the government. the crime committed is estafa. Presumption of misappropriation: When a demand is made upon an accountable officer and he cannot produce the fund or property involved. Quizo v. through abandonment or negligence. permitting any other person to take such public funds or property. misappropriated or consented or. MALVERSATION OF PUBLIC FUNDS OR PROPERTY. took. (4)When he is constituted as the depositary or administrator of funds or property seized or attached by public authority even though said funds or property belong to a private individual. Offender is a public officer. and 4. ARTICLE 217. He had the custody or control of funds or property by reason of the duties of his office. Consenting. permitted another person to take them. whether belonging to national or local government. Returning the embezzled funds is not exempting. 100% UP LAW UP BAROPS . There must be indubitable proof that thing unaccounted for exists. Otherwise. 4.VII. the crime committed is theft or qualified theft if there is an abuse of confidence. not the name of the office. Being otherwise guilty of the misappropriation or malversation of such funds or property. He is liable for malversation if such funds were lost or otherwise misappropriated by another. PRESUMPTION OF MALVERSATION Acts punished: 1. Taking or misappropriating the same. (3)When the private person is made the custodian in whatever capacity of public funds or property. Elements common to all acts: 1.74) mainly because the auditor disallowed certain cash advances the accused 2008 Page 57 of 155 16. This is one crime in the Revised Penal Code where the penalty is the same whether committed with dolo or culpa. 3. presumption does not arise. converting. 4. Illegal use of public funds or property is also known as technical malversation. The term technical malversation is used because in this crime. 2. ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY Elements: 1. taking. He fails to do so for a period of two months after such accounts should be rendered.VII. ARTICLE 219. Malversation (Art. malice. CRIMES COMMITTED BY PUBLIC OFFICERS granted to employees. or to a provincial auditor. Demand not necessary. 3. 217) Funds or property usually public Offender is usually a public officer who is accountable for the public funds/property Crime is committed by approaching. He applies such public fund or property to any public use other than for which it was appropriated for. The Supreme Court considered the circumstances as negative of criminal intent. There is damage. He unlawfully leaves or attempts to leave the Philippine Islands without securing a certificate from the Commission on Audit showing that his accounts have been finally settled. There is a need for prior demand. Offender is a public officer. ARTICLE 218. the malversation. 2. Malversation (Art. FAILURE OF A RESPONSIBLE PUBLIC OFFICER TO RENDER ACCOUNTS BEFORE LEAVING THE COUNTRY Elements: 1. whether in the service or separated therefrom by resignation or any other cause. he partly reimbursed the amount and paid it in full three days later. The cash advances were made in good faith and out of good will to co-employees which was a practice tolerated in the office. It is not necessary that they really misappropriated public funds. FAILURE ACCOUNTABLE OFFICER RENDER ACCOUNTS OF TO Elements: 1. 17. permitting any other person to take the public funds/property No element of damage. CRIMINAL LAW II crime would be 18. Such fund or property were appropriated by law or ordinance. It is also not essential that there be misappropriation because if 100% UP LAW UP Technical malversation (Art. ARTICLE 220. He is an accountable officer for public funds or property. Estafa with Abuse of Confidence (Art. 19. There was no negligence. 4. or denying having received money. 3. 3. the fund or property involved is already appropriated or earmarked for a certain public purpose. goods or other personal property present. The purpose of the law is to discourage responsible or accountable officers from leaving without first liquidating their accountability. 2. Offender is public officer. 315) Funds/property are always private Offender is a private individual or even a public officer who is not accountable for public funds/property Crime is committed by misappropriating. There are public funds or property under his administration. 217) The offender misappropriates public funds or property for his own personal use. He is an accountable officer for public funds or property. or through abandonment or negligence. Offender is a public officer. nor intent to defraud. 220) The public officer applies the public funds or property under his administration to another public use different from that Page 58 of 155 BAROPS . or misappropriating/ consenting. But on the same date that the audit was made. He is required by law or regulation to render account to the Commission on Audit. or allows any other person to take such 2008 Demand for accounting is not necessary. Infidelity of Public Officers 20. Refusing to make delivery by a public officer who has been ordered by competent authority to deliver any property in his custody or under his administration. This includes allowing prisoners to sleep and eat in the officer’s house or utilizes the prisoner’s services for domestic chores. 3. b. Offender is a public officer. Administrator or depositary of funds or property that has been attached. THROUGH NEGLIGENCE 21. 2. 2. have charge of any national. Such prisoner escapes through negligence. for which the public fund was appropriated by law or ordinance. 157) 2008 Page 59 of 155 Sheriffs and receivers fall under the term “administrator” A judicial administrator in charge of settling the estate of the deceased is not covered by the article 100% UP LAW UP BAROPS . Offender is a public officer. The fact that the public officer recaptured the prisoner who had escaped from his custody does not afford complete exculpation. OFFICERS THE PRECEDING EVASION Persons Who May Be Held Liable Under Arts 217 To 221: 1. to deliver any property in his custody or under his administration 3. 3. ARTICLE 223. CRIMINAL LAW II D. Detention prisoners who are temporarily held in custody for any crime or violation of law or municipal ordinance. Classes of prisoners involved 1. 4. CONNIVING WITH OR CONSENTING TO EVASION Elements: 1. He is charged with the conveyance or custody of a prisoner or prisoner by final judgment. 3.VII. ARTICLE 224. This covers only positive carelessness and definite laxity which amounts to deliberate non-performance of duties. If he is a prisoner by final judgment. either detention prisoner or prisoner by final judgment. He fails to make the payment or refuses to make delivery maliciously. Private individual who.. Those who have been sentenced by final judgment to any penalty. provincial or municipal funds. ARTICLE INCLUDED IN PROVISIONS 222. make payment from such funds. even if owned by a private individual Elements: 1. 22. CRIMES COMMITTED BY PUBLIC OFFICERS funds or property for the latter’s own personal use. FAILURE TO MAKE DELIVERY OF PUBLIC FUNDS OR PROPERTY Acts punished: 1. Public officer has government funds in his possession. He fails to make the payment maliciously. Failing to make payment by a public officer who is under obligation to make such payment from government funds in his possession. He is under obligation to either: a. in any capacity. revenue. 2. 2. 23. ARTICLE 221. The liability of an escaping prisoner: a. He was in connivance with the prisoner in the latter’s escape. or property 2. 2. He had in his custody or charge a prisoner. The release of a detention prisoner who could not be delivered to judicial authorities within the time fixed by law is not infidelity in the custody of a prisoner. Elements: 1. Such prisoner escaped from his custody. he is liable for evasion of service (Art. seized or deposited by public authority. of damage is not 25. REMOVAL. the seal was not broken. Offender is a public officer. The document must be complete and one by which a right could be established or an obligation could be 100% UP LAW UP BAROPS The act should not fall under 227. Can only be committed by the public officer who is made the custodian of the document in his official capacity. whether serious or not. He does not have proper authority. to a third party or to the public interest has been caused. 26. Damage also not necessary 2008 Page 60 of 155 . documents. Damage. CRIMES COMMITTED BY PUBLIC OFFICERS b. 2. He opens or permits to be opened said closed papers. 2. ESCAPE OF PRISONER UNDER THE CUSTODY OF A PERSON NOT A PUBLIC OFFICER Elements: 1. is not the custodian. If he is a detention prisoner. Any closed papers. documents or objects.VII. 4. He abstracts. The conveyance or custody of a prisoner or person under arrest is confided to him. The prisoner or person under arrest escapes. 4. OFFICER Elements: 1. there is no crime. However. Damage to public interest is necessary. material damage is not necessary. Damage in this article may consist in mere alarm to the public or in the alienation of its confidence in any branch of the government service. 4. Offender consents to the escape. OPENING CLOSED DOCUMENTS OF Elements: 1. 227. Even if actually. ARTICLE BREAKING SEAL If the offender who aided or consented to the prisoner’s escaping from confinement. Said document or papers should have been entrusted to such public officer by reason of his office. Offender is a public officer. Removal is consummated upon removal or secreting away of the document from its usual place. 225 not applicable if a private person was the one who made the arrest and he consented to the escape of the person he arrested. He breaks the seal or permits them to be broken. Art. The element required. 2. the word "breaking" should not be given a literal meaning. CRIMINAL LAW II 24. If the officer was placed in possession of the document but it is not his duty to be the custodian thereof. In "breaking of seal". 27. He commits the crime of delivering prisoners from jail. ARTICLE 225. ARTICLE 228. or objects are entrusted to his custody. 3. 4. extinguished. 3. These papers or property are sealed by proper authority. 3. The party who is not the custodian who conspired with the custodian in allowing the prisoner to escape does not commit infidelity in the custody of the prisoner. the crime is delivering prisoners from jail under Article 156. because the custodian managed to open the parcel without breaking the seal. destroys or conceals a document or papers. Offender is a public officer. 2. whether the prisoner is a convict or a detention prisoner. Offender is a private person. It is immaterial whether or not the illicit purpose of the offender has been accomplished This could cover failure on the part of the post office to forward the letters to their destination. this crime is not committed. 3. or that the escape takes place through his negligence. CONCEALMENT OR DESTRUCTION OF DOCUMENTS Elements: 1. he does not incur criminal liability (unless cooperating with the offender). ARTICLE 226. If the writings are mere forms. He is charged with the custody of papers or property. CRIMES COMMITTED BY PUBLIC OFFICERS the public officer having charge thereof removes and delivers them wrongfully to a third person. He delivers those papers or copies thereof to a third person. decision or order of a superior authority. Damage to private individual is not necessary. Revealing any secrets known to the offending public officer by reason of his official capacity. if the papers do not contain secrets. OPEN Elements: 1. UP BAROPS 2008 Page 61 of 155 . Elements: a. Secrets of private persons are not included. which he is duty bound to obey. He. D. Revelation Of Secrets By An Officer (Art. ARTICLE 230. Elements: a. Those papers should not be published. If the papers contain secrets which should not be published. is caused to the public interest. and 100% UP LAW The papers do not contain secrets but their removal is for an illicit purpose. 4. The papers contain secrets and therefore should not be published.VII. b. their removal for an illicit purpose is infidelity in the custody of documents. If he is merely entrusted with the papers and not with the custody thereof. Other Offenses or Irregularities by Public Officers 30. 229) Removal. He knows of a secret by reason of his official capacity. Such judgment. or of (Art. Espionage is not contemplated in this article since revelation of secrets of the State to a belligerent nation is already defined in Art 117 and CA 616. he is not liable under this article. Secrets must affect public interest. ARTICLE 229. He reveals such secret without authority or justifiable reasons. ARTICLE DISOBEDIENCE 231. He reveals such secrets without authority or justifiable reason. REVELATION SECRETS BY AN OFFICER OF Acts punished: 1. Concealment Destruction Documents 226) Revelation to one person is sufficient When the offender is a public attorney or a solicitor. great or small. c. the act of revealing the secret should not be covered by Art 209. He has charge of papers. 29. Damage. He knows of the secrets of a private individual by reason of his office. 2. the crime is revelation of secrets. 2. Offender is a public officer. Offender is a public officer. d. The reason for this provision is to uphold faith and trust in public service. decision or order. Offender is a public officer. 3. openly refuses to execute the said judgment. 3. There is a judgment. 2. and the public officer having charge thereof removes and delivers them wrongfully to a third person. Charge”: means custody or control. c. without any legal justification. PUBLIC OFFICER REVEALING SECRETS OF PRIVATE INDIVIDUAL Elements: 1. CRIMINAL LAW II 28. Damage is essential to the act committed. decision or order was made within the scope of the jurisdiction of the superior authority and issued with all the legal formalities. d. On the other hand. b. Officer is a judicial or executive officer. Delivering wrongfully papers or copies of papers of which he may have charge and which should not be published. If the public officer is not the custodian of the prisoner. REFUSAL OF Elements: 1. By maltreating such prisoners to extort a confession or to obtain some information from the prisoner. 2. MALTREATMENT OF PRISONERS Elements: 1. and he manhandles the latter. He has for any reason suspended the execution of such order. An order is issued by his superior for execution. DISOBEDIENCE TO ORDER OF SUPERIOR OFFICERS. the crime is physical injuries. 100% UP LAW UP BAROPS 2008 Page 62 of 155 . 2. Once an individual is elected to an office by the will of the people. bribery is committed. CRIMES COMMITTED BY PUBLIC OFFICERS CRIMINAL LAW II 31. 4. 5. Offender may also be held liable for physical injuries or damage caused. the person arrested must be placed in jail even for just a short while. ARTICLE 235. 3. not only a right. By the imposition of punishment not authorized by the regulations. b. REFUSAL DISCHARGE ELECTIVE OFFICE TO Elements: 1. This does not apply if the order of the superior is illegal. 3. ARTICLE 232. Offender disobeys his superior despite the disapproval of the suspension. 2. The offended party can either be a convict by final judgment or a detention prisoner. WHEN SAID ORDER WAS SUSPENDED BY INFERIOR OFFICER Elements: 1. If he receives consideration therefore. 32.VII. ii. There is no legal motive for such refusal to be sworn in or to discharge the duties of said office. 33. This is committed only by such public officer charged with direct custody of the prisoner. To be considered a detention prisoner. This only applies for elective. The maltreatment does not really require physical injuries. But mere demand will fall under the prohibition under the provision of Republic Act No. Offender is elected by popular election to a public office. Offender is a public officer. 34. 2. He refuses to be sworn in or to discharge the duties of said office. Offender fails to do so maliciously. ARTICLE ASSISTANCE 233. By overdoing himself in the correction or handling of a prisoner or detention prisoner under his charge either – i. A competent authority demands from the offender that he lend his cooperation towards the administration of justice or other public service. By inflicting such punishments (those authorized) in a cruel and humiliating manner. 3. 3. He has under his charge a prisoner or detention prisoner. discharge of duties becomes a matter of duty. not appointive officers. Offender is a public officer or employee. He maltreats such prisoner in either of the following manners: a. The request must come from one public officer to another. 3019 (Anti-Graft and Corrupt Practices Act). His superior disapproves the suspension of the execution of the order. Any kind of punishment not authorized or though authorized if executed in excess of the prescribed degree. Offender is a public officer. ARTICLE 234. 38. 2. The law requires that he should first be sworn in and/or should first give a bond. 35. 36. For the resignation to be formal. The period provided by law. Offender is holding a public office. or c. 4. 238) Committed by any public officer Dereliction of Duty (Art. ANTICIPATION OF DUTIES OF A PUBLIC OFFICE Elements: 1. 3. separated. He continues to exercise the duties and powers of such office. 37. Arts 239-241 punish interference by public officers of the executive or judiciary with the functions of another department of government to keep them within legitimate confines of their respective jurisdictions. regulations or special provision for holding such office. ARTICLE 239. 2. Legislative officers are not liable for usurpation of powers. the penalty is qualified to the next higher degree. USURPATION OF LEGISLATIVE POWERS Elements: 1. declared overaged. He has not taken his oath of office and/or given the bond required by law. CRIMES COMMITTED BY PUBLIC OFFICERS CRIMINAL LAW II If the maltreatment was done in order to extort confession. makes general rules or regulations beyond the scope of his authority. His resignation has not yet been accepted. suspends the execution thereof. 100% UP LAW UP BAROPS 2008 Page 63 of 155 . either by election or appointment. That he: a. ARTICLE 236. The offenders here can be those suspended. 208) 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. has already expired. He abandons his office to the detriment of the public service. attempts to repeal a law. PROLONGING PERFORMANCE OF DUTIES AND POWERS Elements: 1. 3. prosecuting. The offense is qualified when the purpose of the abandonment is to evade the discharge of duties of preventing.VII. There is actual abandonment through resignation to evade the discharge of duties. Offender is entitled to hold a public office or employment. Abandonment of Office or Position (Art. 2. ARTICLE 238. He formally resigns from his position. or b. or dismissed. 2. He assumes the performance of the duties and powers of such office. Offender is a public officer. punishing any of the crimes falling within Title One and Chapter One of Title Three of book two of the RPC. 4. 3. ARTICLE 237. it has to be in written form. Offender is an executive or judicial officer. ABANDONMENT OF OFFICE OR POSITION Elements: 1. knowing that the person recommended is not qualified is not a crime. Offender is an executive officer. 5. He has been lawfully required to refrain form continuing the proceeding. Recommending. CRIMES COMMITTED BY PUBLIC OFFICERS CRIMINAL LAW II 39. The purpose is to maintain the independence of the judiciary from executive dictations. ARTICLE 240. APPOINTMENTS UNLAWFUL 41. ART 244. 2. 100% UP LAW UP BAROPS 2008 Page 64 of 155 . That he: a. obstructs the execution of any order or decision rendered by any judge within his jurisdiction. 2. The order or suggestion relates to any case or business coming within the exclusive jurisdiction of the courts of justice. There is a question brought before the proper authority regarding his jurisdiction. ARTICLE 243. 43. 40. 3. This can also be covered by RA 3019. assumes a power pertaining to the executive authorities. There must be a law providing for the qualifications of a person to be nominated or appointed to a public office. USURPATION OF JUDICIAL FUNCTIONS Elements: 1. A proceeding is pending before such public officer. which is not yet decided. ORDERS OR REQUESTS BY EXECUTIVE OFFICERS TO ANY JUDICIAL AUTHORITY Elements: 1. Offender is a public officer. 2. USURPATION OF EXECUTIVE FUNCTIONS Elements: 1.VII. assumes judicial powers. Elements: 1. 42. 3. Offender is a judge. He nominates or appoints a person to a public office. He continues the proceeding. He addresses any order or suggestion to any judicial authority. obstructs the executive authorities in the lawful exercise of their powers. 2. 4. Such person lacks the legal qualifications therefore. ARTICLE 242. Offender is an officer of the executive branch of the government. 4. The disobedient officer is liable even if the jurisdictional question is resolved in his favor. That he: a. or b. DISOBEYING REQUEST FOR DISQUALIFICATION Elements: 1. Offender knows that his nominee or appointee lacks the qualification at the time he made the nomination or appointment. ARTICLE 241. Offender is a public officer. 2. or b. 3. 3019 (Anti-graft and Corrupt Practices Act). He solicits or makes immoral or indecent advances to a woman. Such woman is – a. Elements: 1. the wife. then crime would fall under Republic Act No. CRIMES COMMITTED BY PUBLIC OFFICERS and immoral to a advances must be indecent. Solicit: means to propose earnestly and persistently something unchaste 100% UP LAW UP BAROPS 2008 Page 65 of 155 . 3019 (The Anti-Graft and Corrupt Practices Act). under the custody of the offender who is a warden or other public officer directly charged with the care and custody of prisoners or persons under arrest. If the offender were not the custodian. Proof of solicitation is not necessary when there is sexual intercourse. sister or relative within the same degree by affinity of any person in the custody of the offending warden or officer. sister or relative within the same degree by affinity of the person in the custody of the offender. 2. Soliciting or making immoral or indecent advances to a woman under the offender’s custody. daughter. The crime is consummated by mere proposal. 2. CRIMINAL LAW II woman. 3. 3.VII. The immoral or 44. Offender is a public officer. ART. The mother of the person in the custody of the public officer is not included but the offender may be prosecuted under the Section 28 of Republic Act No. daughter. or c. Soliciting or making immoral or indecent advances to the wife. ABUSES AGAINST Acts punished: 1. CHASTITY 245. or b. Abuse against chastity is not absorbed in rape because the basis of penalizing the acts is different from each other. or with respect to which he is required to submit a report to or consult with a superior officer. or with respect to which he is required to submit a report to or consult with a superior officer. interested in matters pending before the offender for decision. Soliciting or making immoral or indecent advances to a woman interested in matters pending before the offending officer for decision. the victim is younger than three days or 72 hours old. 254).Mutilation (Art.Rape (Art. 9. only relatives by blood and in direct line (adopted are not included) Supreme Court ruled that Muslim husbands with several wives can be convicted of parricide only in case the first wife is killed. Death or physical injuries inflicted under exceptional circumstances (Art.Serious physical injuries (Art. 256). ARTICLE 246. 2. and 21. Infanticide (Art. 17. In infanticide. 16. 2. 12.VIII. 6. Murder (Art. 259). Homicide (Art. Parricide (Art. 3. can be committed by a stranger. 248).Intentional abortion (Art. 264). relationship would only be considered as aggravating circumstance. 18. except for spouses.Challenging to a duel (Art. 20. 5. A. 257). 261).Abortion practiced by a physician or midwife and dispensing of abortives (Art. 8. legitimate other descendant o legitimate spouse IMPORTANT POINTS TO REMEMBER REGARDING THIS ARTICLE: Essential element: relationship of offender with the victim. 3. Parricide is premised on the relationship between the offender and the offended. 263).Unintentional abortion (Art. 251). Physical injuries inflicted in a tumultuous affray (Art. 266). If not. 262). parricide under exceptional circumstances (Art. crime is infanticide d. Cases of parricide when the penalty shall not be reclusion perpetua to death: 1. 253). destruction of the fetus.Slight physical injuries and maltreatment (Art. both commit the crime of infanticide. Relationship must be alleged. Deceased is the a. as the case may be. PARRICIDE 1. A stranger who conspires with the parent is guilty of murder. Elements: 1. 266-A) IMPORTANT POINTS TO REMEMBER ABOUT THIS TITLE: The essence of crimes involves the taking of human life. CRIMES AGAINST PERSONS TITLE VIII: CRIMES AGAINST PERSONS CRIMINAL LAW II 1. 19. If a stranger who conspires with parent. 49) 3. 7. The key element in parricide is the relationship of the offender with the victim.Administering injurious substances or beverages (Art.Less serious physical injuries (Art. 10. or inflicting injuries. 265). parricide through negligence (Art .Abortion practiced by the woman herself or by her parents (Art. 258). 249). Death caused in a tumultuous affray (Art. People vs.365) 2. 13. 255). Person is killed. legitimate/illegitimate father b. legitimate/illegitimate mother c. 11. 14. 247). Destruction of Life 100% UP LAW UP BAROPS 2008 Page 66 of 155 . Giving assistance to suicide (Art. legitimate other ascendant e. 247) 1. 246). is not guilty of parricide but only homicide or murder.Duel (Art. 252). 260). Discharge of firearms (Art. Deceased is killed by the accused. parricide by mistake (Art. legitimate/illegitimate child o should not be less than 3 days old because if so. Dalag A stranger who cooperates and takes part in the commission of the crime of parricide. 15. 4. or that he has not consented to the infidelity of spouse. eruption of a volcano. by deliberately and inhumanly augmenting the suffering of the victim. With evident premeditation. explosion. or outraging or scoffing at his person or corpse. shipwreck. article does not apply. 2. People v. A complex crime of double frustrated murder was not committed as the accused did not have the intent to kill the two victims. legally married person or b. Person was killed. derailment or assault upon a railroad. The accused is: a. The offender must prove that he actually surprised his wife and [her paramour] in flagrante delicto. e. f. the accused: kills any or both or inflicts any serious physical injuries 3. c. or employing means to waken the defense. reward or promise. parent (legitimate/illegitimate) of single daughter under 18 years old and living with him who surprises his spouse (in flagrant adultery) or daughter in the act of committing sexual intercourse with another person 2. Elements: 1. destructive cyclone. CRIMES AGAINST PERSONS CRIMINAL LAW II 2. 100% UP LAW UP BAROPS 2008 Page 67 of 155 . By means of inundation. MURDER IMPORTANT POINTS TO REMEMBER REGARDING THIS ARTICLE: Requisites must be established by evidence of the defense “living with parent” is understood to be in their own dwelling because of the embarrassment and humiliation done to the parent and parental abode o If done in a motel. Inflicting death under exceptional circumstances is not murder. Abarca The killing must be the direct result of the outrage suffered by the cuckolded husband. d. DEATH OR PHYSICAL INJURIES UNDER EXCEPTIONAL CIRCUMSTANCES Requisites for Application: 1. Accused killed him. by means of motor vehicles. as the shooting was a continuation of the pursuit of the victim by the accused. ARTICLE 248.VIII. the accused did not commit murder when he fired at the paramour of his wife. or of an earthquake. On occasion of any of the calamities enumerated in the preceding paragraph. Puedan Evidence of the victim’s promiscuity is inconsequential to the killing. fire. stranding of a vessel. Accused did not promote or facilitate the prostitution of his wife or daughter. People v. No aberratio ictus because he was acting lawfully. poison. 1. Two other persons suffered physical injuries as they were caught in the crossfire when the accused shot the victim. 3. it was held that Article 247 was applicable. Although about one hour had passed between the time the accused discovered his wife having sexual intercourse with the victim and the time the latter was actually killed. 3. ARTICLE 247. In consideration of a price. b. epidemic. or of means or persons to insure or afford impunity. fall of an airship. with the aid or armed men. or any other public calamity. ‘surprise’ means “to come upon suddenly and unexpectedly” Article does not apply: If the surprising took place before any actual sexual intercourse could be done or after the actual sexual intercourse was finished Penalty of destierro for killer spouse is meant to protect him from acts of reprisal by relatives of dead spouse. With cruelty. or with the use of any other means involving great waste and ruin. and that he killed the man during or immediately thereafter. 2. No criminal liability when less serious or slight physical injuries are inflicted. Killing attended by any of the following qualifying circumstances – treachery. In the act or immediately after. taking a. With advantage of superior strength. Here. the primordial criminal intent of the offender is considered. 1. FIRE o When a person is killed by fire. People v. any act that would amount to scoffing or decrying the corpse of the victim will qualify the killing to murder. Pugay and Samson 100% UP LAW UP CRIMINAL LAW II Intent to kill must be present for the use of fire to be appreciated as a qualifying circumstance. It was merely a part of their fun making but because their acts were felonious. 2. which is presumed. aside from cruelty. only one will qualify the killing to murder and the other circumstances will be taken as generic. Intending to make fun of a retard. must be evidence to that effect. 248 must be alleged in the information. a single indivisible crime penalized under Article 326.VIII. The retard died. form in executing the crime deliberately adopted by the offender and were not merely incidental to the killing. CRIMES AGAINST PERSONS IMPORTANT POINTS TO REMEMBER REGARDING THIS ARTICLE: One attendant qualifying circumstance is enough. ARTICLE 249. 3. o Killing of a child of tender age is murder qualified by treachery. if without the premeditation the inductor would not have induced the other to commit the act but not as regards the one induced. CRUELTY o Under Article 14. Person was killed. Killing was not attended by any of the qualifying circumstances of murder. If the primordial criminal intent of the offender is to destroy property with the use of pyrotechnics and incidentally. Any of the qualifying circumstances enumerated in Art. If the primordial criminal intent of the offender is to kill and fire was only used as a means to do so. the crime is arson with homicide. they cannot be considered as generic aggravating. EVIDENT PREMEDITATION o act of the offender manifestly indicating that he clung to his determination to kill his victim o Evident premeditation is absorbed in price. HOMICIDE Elements: 1. POISON o Treachery and evident premeditation are inherent in murder by poison only if the offender has the intent to kill the victim by use of poison. in murder. therefore. TREACHERY o The essence of treachery is that the offended party was denied the chance to defend himself because of the means. When the victim is already dead. somebody within the premises is killed. when the cruel wounds were inflicted and. they are criminally liable. 4. Pugay poured gasoline on the latter while Samson set him on fire. 4. o Abuse of superior strength is inherent in and comprehended by the circumstance of treachery or forms part of treachery. If there are more than one alleged in the information for murder. methods. which is death as a consequence of arson. Yet. Offender had the intention to kill. Offender killed him without any justifying circumstances. It is important only if the victim did not die to determine if the felony is physical injury or attempted or frustrated homicide. There was no animosity between the two accused and the victim such that it cannot be said that they resort to fire to kill him. reward or promise. or by that of parricide or infanticide BAROPS 2008 Page 68 of 155 . intent to kill becomes irrelevant. When the other circumstances are absorbed or included in one qualifying circumstance. the crime is only murder. the generic aggravating circumstance of cruelty requires that the victim be alive. If nobody could still be traced to have employed violence upon the victim. However. Castillo There is no offense of frustrated homicide through imprudence. PENALTY FOR FRUSTRATED PARRICIDE. There are several persons. it could be malicious mischief. People v. The person or persons who inflicted serious physical injuries or who used violence can be identified. 2 degrees lower for frustrated parricide. It can not be ascertained who actually killed the deceased. the crime will be homicide because the law punishes the result. 1. In accidental homicide wherein death of a person is brought about by a lawful act performed with proper care and skill and without homicidal intent. the victim died. there is intent to kill. or homicide CRIMINAL LAW II 5. In physical injuries. The element of intent to kill in frustrated homicide is incompatible with negligence or imprudence. ARTICLE 251. 5. or homicide b. MURDER OR HOMICIDE. PHYSICAL INJURIES CAUSED IN TUMULTUOUS AFFRAY (252) Elements 1. Physical injuries are one of the essential elements of frustrated homicide. and not the intent of the act. IMPORTANT POINTS TO REMEMBER REGARDING THIS ARTICLE: Tumultuous affray is a commotion in a confused manner to an extent that it would not be possible to identify who the killer is if death results. ARTICLE 250. The crimes committed might be disturbance of public order. DEATH CAUSED IN TUMULTUOUS AFFRAY Elements: 1. 2. Someone was killed in the course of the affray. 4. if as a result of the physical injuries inflicted. 100% UP LAW UP BAROPS 2008 Page 69 of 155 . but the person or persons who used violence are known. there is no liability. murder. Courts may impose a penalty: a. In attempted or frustrated homicide. 2. murder. Accused pharmacist prepared the medicine on prescription but erroneously used a highly poisonous substance. 6. They do not compose groups organized for the common purpose of assaulting and attacking each other reciprocally. A participant or some participants thereof suffered serious physical injuries or physical injuries of a less serious nature only. all are liable for the victim’s death. this crime is not committed. 4. When several assailants not acting in conspiracy inflicted wounds on a victim but it cannot be determined who inflicted which would which caused the death of the victim. 6. Accused is guilty only of physical injuries through reckless imprudence. 3 degrees lower for attempted parricide. If there is conspiracy. The person responsible thereof can not be identified. CRIMES AGAINST PERSONS IMPORTANT POINTS TO REMEMBER REGARDING THIS ARTICLE: Use of unlicensed firearm is an aggravating circumstance in homicide. or who inflicted the serious physical injury. There is a tumultuous affray. or if property was destroyed. or if participants are armed. nobody will answer. it could be tumultuous disturbance. 3. there is none. 3. the latter nearly died. When taken by the patient.VIII. These several persons quarreled and assaulted one another in a confused and tumultuous manner. All those who appear to have used violence upon the person of the offended party are known. VIII. CRIMES AGAINST PERSONS IMPORTANT POINTS TO REMEMBER REGARDING THIS ARTICLE: Physical injury should be serious or less serious No crime of physical injuries resulting from a tumultuous affray if the physical injury is only slight. Slight physical injury is considered as inherent in a tumultuous affray. 8. ARTICLE 254. FIREARMS CRIMINAL LAW II DISCHARGE OF Elements: 1. Offender discharges a firearm against or at another person. 2. Offender has no intention to kill that person. IMPORTANT POINTS TO REMEMBER REGARDING THIS ARTICLE: No crime if firearm is not discharged. It is essential for prosecution to prove that the discharge of firearm was directed precisely against the offended party. If there is intention to kill, it may be classified as frustrated or attempted parricide, murder, or homicide. No intent to kill if the distance is 200 meters. There is a special complex crime of illegal discharge of firearm with serious or less serious physical injuries. 9. ARTICLE 255. INFANTICIDE Elements: A child was killed by the accused; 2. The deceased child was less than 3 days old. 1. IMPORTANT POINTS TO REMEMBER REGARDING THIS ARTICLE: If the offender is the parent and the victim is less than three days old, the crime is infanticide and not parricide. The fact that the killing was done to conceal her dishonor will not mitigate the criminal liability anymore because concealment of dishonor in killing the child is not mitigating in parricide. Only the mother and maternal grandparents of the child are entitled to the mitigating circumstance of concealing the dishonor. A stranger who cooperates in the perpetration of infanticide committed by the mother or grandparent on the mother’s side, is liable for infanticide, but he must suffer the penalty prescribed for murder. Concealment of dishonor is not an element of infanticide. It merely 2008 Page 70 of 155 7. ARTICLE 253. GIVING ASSISTANCE TO SUICIDE Acts punished : 1. Assisting another to commit suicide, whether the suicide is consummated or not; 2. Lending his assistance to another to commit suicide to the extent of doing the killing himself. IMPORTANT POINTS TO REMEMBER REGARDING THIS ARTICLE: Giving assistance to suicide means giving means (arms, poison, etc.) or whatever manner of positive and direct cooperation (intellectual aid, suggestions regarding the mode of committing suicide, etc.). If the person does the killing himself, the penalty is similar to that of homicide, which is reclusion temporal. There can be no qualifying circumstance because the determination to die must come from the victim. This does not contemplate euthanasia or mercy killing where the crime is homicide (if without consent; with consent, covered by Article 253). The person attempting to commit suicide is not liable if he survives. Euthanasia is not lending assistance to suicide. In euthanasia, the victim is not in a position to commit suicide. A doctor who resorts to euthanasia of his patient may be liable for murder. 100% UP LAW UP BAROPS VIII. CRIMES AGAINST PERSONS lowers the penalty. If the child is abandoned without any intent to kill and death results as a consequence, the crime committed is not infanticide but abandonment under Article 276. CRIMINAL LAW II employment of adequate and sufficient means to make the pregnant woman abort. IMPORTANT POINTS TO REMEMBER REGARDING THIS ARTICLE: 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. If the pregnant woman was killed by violence by her husband, the crime committed is the complex crime of parricide with unlawful abortion. Unintentional abortion may be committed through negligence as it is enough that the use of violence be voluntary. If the act of violence is not felonious, that is, act of self-defense, and there is no knowledge of the woman’s pregnancy, there is no liability. If the act of violence is not felonious, but there is knowledge of the woman’s pregnancy, the offender is liable for unintentional abortion. 1. People v. Jose Jose is declared guilty of the crime of unintentional abortion through reckless imprudence for having bumped a calesa which resulted a pregnant woman to bump her abdomen against the wall of the calesa and eventually led to an abortion. 2. People v. Salufrania Mere boxing of the stomach taken together with the immediate strangling of the victim in a fight, is not sufficient proof to show an intent to cause abortion. The accused must have merely intended to kill the victim but not necessarily to cause abortion. The accused is liable for complex crime of parricide with unintentional abortion for it was merely incidental to the killing. 3. People v. Carnaso For the crime of abortion, even unintentional, to be held committed, the accused must have known of the pregnancy. 10.ARTICLE 256. ABORTION INTENTIONAL Elements: 1. There is a pregnant woman; 2. Violence is exerted, or drugs or beverages administered, or that the accused otherwise acts upon such pregnant woman; 3. As a result of the use of violence or drugs or beverages upon her, or any other act of the accused, the fetus dies, either in the womb or after having been expelled therefrom; 4. The abortion is intended. IMPORTANT POINTS TO REMEMBER REGARDING THIS ARTICLE: Ways of committing intentional abortion 1. Using any violence upon the person of the pregnant woman; 2. Acting, but without using violence, without the consent of the woman. (By administering drugs or beverages upon such pregnant woman without her consent.) 3. Acting (by administering drugs or beverages), with the consent of the pregnant woman. ABORTION v INFANTICIDE ABORTION INFANTICIDE Fetus could not Fetus could sustain sustain an independent life independent life. after separation No legal viability. from the mother’s womb. If the mother as a consequence of abortion suffers death or physical injuries, you have a complex crime of murder or physical injuries and abortion. In intentional abortion, the offender must know of the pregnancy because the particular criminal intention is to cause an abortion. If the woman turns out not to be pregnant and someone performs an abortion upon her, he is liable for an impossible crime if the woman suffers no physical injury. If she does, the crime will be homicide, serious physical injuries, etc. Frustrated abortion is committed if the fetus that is expelled is viable and, therefore, not dead as abortion did not result despite the 100% UP LAW UP BAROPS 2008 Page 71 of 155 11. ARTICLE 257. UNINTENTIONAL ABORTION VIII. CRIMES AGAINST PERSONS Elements: 1. There is a pregnant woman; 2. Violence is used upon such pregnant woman without intending an abortion; violence is intentionally 3. The exerted; 4. Result of violence – fetus dies, either in the womb or expelled therefrom IMPORTANT POINTS TO REMEMBER REGARDING THIS ARTICLE: If the purpose of abortion is to conceal dishonor, mitigation applies only to pregnant woman and not to parents of pregnant woman, unlike in infanticide. If the purpose of parents is not to conceal dishonor, the crime is intentional abortion. accomplice abortion. in CRIMINAL LAW II the crime of 14. ARTICLE 260. RESPONSIBILITY OF PARTICIPANTS IN A DUEL Acts punished 1. Killing one’s adversary in a duel; 2. Inflicting upon such adversary physical injuries; 3. Making a combat although no physical injuries have been inflicted. Persons liable 1. The person who killed or inflicted physical injuries upon his adversary, or both combatants in any other case, as principals. 2. The seconds, as accomplices. IMPORTANT POINTS TO REMEMBER REGARDING THIS ARTICLE: 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. There is no such crime nowadays because people hit each other even without entering into any preconceived agreement. This is an obsolete provision. 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. 15. ARTICLE 261. CHALLENGING TO A DUEL Acts punished: 1. Challenging another to a duel; 2. Inciting another to give or accept a challenge to a duel; 3. Scoffing at or decrying another publicly for having refused to accept a challenge to fight a duel. Persons responsible under Art. 261 are: 1. Challenger 2. Instigators 1. People v. Tacomoy If one challenges another to a duel by shouting “Come down, Olympia, let us measure your prowess. We will see whose intestines will come out. You are a 2008 Page 72 of 155 12. ARTICLE 258. ABORTION PRACTICED BY THE WOMAN HERSELF OR BY PARENTS Elements: 1. There is a pregnant woman who has suffered an abortion; 2. Abortion is intended; 3. Abortion is caused by – a. The pregnant woman herself; b. Any other person, with her consent; or c. Any of her parents, with her consent for the purpose of concealing her dishonor. 13. ARTICLE 259. ABORTION BY A PHYSICIAN OR MIDWIFE AND DISPENSING OF ABORTIVES Elements 1. There is a pregnant woman who has suffered an abortion; 2. The abortion is intended; 3. Offender, who must be a physician or midwife, caused or assisted in causing the abortion; 4. Said physician or midwife took advantage of his or her scientific knowledge or skill. IMPORTANT POINTS TO REMEMBER REGARDING THIS ARTICLE: If the abortion is produced by a physician to save the life of the mother, there is no liability. Article 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, her would be liable as an 100% UP LAW UP BAROPS either totally or partially. By beating. …becomes incapacitated for the work in which he was theretofore habitually engaged. …loses the use of speech or the power to hear or to smell. Offender inflicted upon another any serious physical injury. or loses an eye. Intent to mutilate must be established. ( Art. By wounding. by lopping or clipping off any part of the body of the offended party. What is committed is the crime of light threats under Article 285. 264 ) Levels of Penalty: When the injured person. the crime of challenging to a duel is not committed. even if no physical Page 73 of 155 . ADMINISTERING INJURIOUS SUBSTANCES OR BEVERAGES Elements: 1. impotent or blind 2. that is. Physical Injuries vs.ARTICLE 263. such as the penis or ovarium.VIII. It was done by knowingly administering to him any injurious substance or beverages or by taking advantage of his weakness of mind or credulity. 100% UP LAW UP BAROPS 2008 Attempted or Attempted or Frustrated homicide Attempted homicide may be committed. a hand. afoot. paragraph 1 of the Revised Penal Code. B. in consequence of the physical injuries inflicted. …loses the use thereof. If there is no intent. the crime is only serious physical injury. Frustrated homicide Physical Injuries The offender inflicts physical injuries. b. By administering injurious substance. an arm. Intentionally mutilating another by depriving him. …loses the use of any such member. to deprive him of that part of his body. … becomes insane. Intentionally making other mutilation. …becomes ill or incapacitated for the performance of the work in which he was habitually engaged for more than 90 days in consequence of the physical injuries inflicted. SERIOUS PHYSICAL INJURIES How committed: 1. … 1. MUTILATION Acts punished: 1. …becomes deformed. in consequence of the physical injuries inflicted. a. 2. 18. or c. a. CRIMINAL LAW II 17. mutilation of organs necessary for generation. 3. There be a castration. or 4. 3. that is. ARTICLE 262. or d. CRIMES AGAINST PERSONS coward if you do not come down”. other than the essential organ for reproduction. He had no intent to kill. 2. Elements: a. or b. The mutilation is caused purposely and deliberately 2. Physical Injuries 16. c. or a leg. of some essential organ for reproduction. 3. …loses any other member of his body. …becomes ill or incapacitated for labor for more than 30 days (but must not be more than 90 days). as a result of the physical injuries inflicted. 4. By assaulting. b.ARTICLE 264. imbecile. REPUBLIC ACT NO. (3)The ugliness will not disappear through natural healing process. Section 3 requires supervision by head of the school or the organization of the rites. (2)When the injury created a deformity upon the offended party. Also if the victim is below 12. Illustration: Loss of molar tooth – This is not deformity as it is not visible. Loss of permanent front tooth – This is deformity as it is visible and permanent. sodomy or mutilation results therefrom. owner of the place where such occurred liable. (2)It must be visible. CRIMINAL LAW II 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. Offender has no intent to kill the offended party The reason why there is no attempted or frustrated physical injuries is because the crime of physical injuries is determined on the gravity of the injury. Serious physical injuries is punished with higher penalties in the following cases: (1) If it is committed against any of the persons referred to in the crime of parricide under Article 246. or the use of any such member or any of the serious physical injuries or the less serious physical injuries. 10. officers and members who planned. it is considered serious physical injuries. mental. It holds the parents. school authorities who consented or who had actual knowledge if they did nothing to prevent it. Section 4 qualifies the crime if rape. Section 2 requires a written notice to school authorities from the head of the organization seven days prior to the rites and should not exceed three days in duration. (2) If any of the circumstances qualifying murder attended its commission. you do not consider the period of medical treatment. Organizations include any club or AFP. or becomes incapacitated for the work he habitually engages in for 30.This is any initiation rite or practice which is a prerequisite for 100% UP LAW UP BAROPS 2008 Page 74 of 155 . you disregard the healing duration or the period of medical treatment involved. The offender has an intent to kill the offended party. At once. an imbecile. This makes presence a prima facie presumption of guilt for such. You only consider the period when the offended party is rendered incapacitated for labor. present alumni of the organization. an arm or a leg. there can be no attempted or frustrated stage thereof. Loss of milk front tooth – This is not deformity as it is visible but will be naturally replaced. These do not include any physical. 8049 THE ANTI-HAZING LAW Hazing -. or impotent or blind because of such. if the person becomes insane. PNP. if the person loses the use of speech or the power to hear or smell or an eye. a foot. psychological testing and training procedure and practice to determine and enhance the physical and psychological fitness of the prospective regular members of the below.VIII. knowingly cooperated or were present. Deformity requires the concurrence of the following conditions: (1)The injury must produce ugliness. PMA or officer or cadet corps of the CMT or CAT. CRIMES AGAINST PERSONS injuries are inflicted. Classification of physical injuries: (1)Between less serious physical injuries and serious physical injuries. As long as the injury is not there. It is a crime of result. 1-9 days. not homicide. or needs medical attendance for the same period of time. or b. 2. EXPLOITATION AND DISCRIMINATION ACT (IN RELATION TO MURDER. 262 (2) and 263 (1) of Act No 3815. 2. as amended of the Revised Penal Code for the crimes of murder. 19. 249. shall govern even if the victim was under 12 years of age. Ganohon. Slapping the offended party is a form of ill-treatment which is a form of slight physical injuries. the penalty for the commission of acts punishable under Articles 248. Offended party is incapacitated for labor for 10 days or more (but not more than 30 days). guardians. 7610. or b. it is only slight physical injuries. So the healing duration may be one to nine days. It is only in respect of the crimes of intentional mutilation in paragraph 2 of Article 262 and of serious physical injuries in paragraph 1 of Article 263 of the Code that the quoted provision of Republic Act No. the physical injuries would already qualify as less serious physical injuries. There are circumstances adding ignominy to the offense. There is a manifest intent to insult or offend the injured person. Where there is no evidence of actual injury. or required medical attendance during the same period. For murder. The physical injuries must not be those described in the preceding articles. 7659. or to humiliate or embarrass the offended party out of a quarrel or anger. A higher penalty is imposed when the victim is either – a. because the victim is under no position to defend himself as held in the case of People v. A fine not exceeding P 500. 7610 provides. in addition to arresto mayor. Persons of rank or person in authority. the crime committed is slight physical injuries.00. curators or teachers. but if the medical treatment continues beyond nine days. The offender’s parents.VIII. This involves even ill-treatment where there is no sign of injury requiring medical treatment. provided the crime is not direct assault. ARTICLE 265. and serious physical injuries. Qualified as to penalty 1. PHYSICAL INJURIES WHICH DID NOT PREVENT THE OFFENDED PARTY FROM ENGAGING IN HIS HABITUAL WORK OR WHICH DID NOT REQUIRE MEDICAL ATTENDANCE. insofar as the crime is murder. Killing a child under 12 is murder. LESS SERIOUS PHYSICAL INJURIES Elements: 1. The medical treatment may have lasted for nine 100% UP LAW UP BAROPS 2008 Page 75 of 155 . when a. Physical injuries incapacitated the offended party for labor from one to nine days. not only the healing duration of the injury will be considered but also the medical attendance required to treat the injury. 3. the physical injuries are already considered less serious physical injuries. Article 248 of the Code. 7160 may be applied for the higher penalty when the victim is under 12 years old. 196 SCRA 431. other intentional mutilation. In the absence of proof as to the period of the offended party’s incapacity for labor or of the required medical attendance. Between slight physical injuries and less serious physical injuries. CRIMES AGAINST PERSONS CRIMINAL LAW II days. Ill-treatment of another by deed without causing any injury. Accordingly. ARTICLE 266. MUTILATION OR INJURIES TO A CHILD) The last paragraph of Article VI of Republic Act No. 20. ascendants. REPUBLIC ACT NO. 2. as amended. shall be reclusion perpetua when the victim is under twelve years of age. is reclusion perpetua to death – higher than what Republic Act no.” The reference to Article 249 of the Code which defines and penalizes the crime of homicide were the victim is under 12 years old is an error. homicide. But if the slapping is done to cast dishonor upon the person slapped. provides: “For purposes of this Act. the crime is slander by deed. SLIGHT PHYSICAL INJURIES AND MALTREATMENT Acts punished 1. but if the offended party is still incapacitated for labor beyond nine days. as amended by Republic Act No. 7610 SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSE. the penalty provided by the Code. respectively. Committed with any of the ff. threat or intimidation. or means of fraudulent iii. By machination or grave abuse of authority. CRIMES AGAINST PERSONS Rape RA 8353 AN ACT EXPANDING THE DEFINITION OF THE CRIME OF RAPE. v. When the woman is under 12 years of age (Statutory Rape) or is demented. v. old victim suffered permanent or physical mutilation or disability by reason or on the occasion of rape ARTICLE 266-A. old. iv. Penalties Traditional Rape Sexual Assault In general: In general: Prision Reclusion perpetua mayor A. RECLASSIFYING THE SAME AS A CRIME AGAINST PERSONS CRIMINAL LAW II instrument on anal orifice of male. if a woman or a man uses an 100% UP LAW UP BAROPS vi. or ii. ascendant. 3) The act of sexual assault is accomplished under any of the following circumstances: i. Elements of rape through Sexual Assault: 1) Offender commits an act of sexual assault. or ix. By using force. iii. Rape is consummated & homicide is committed by reason or on the occasion thereof (a special complex crime) Death Reclusion perpetua E. Offender knew of the mental disability. 2) On the OFFENDER: IMPORTANT POINTS TO REMEMBER REGARDING THIS ARTICLE: Classification of rape 1) Traditional Rape Offended party is always a woman Offender is always a man. 6) Such act is accomplished under any of the following circumstances: iv. & / 2008 Page 76 of 155 . 5) Offender had carnal knowledge of a woman. & took advantage of his position viii. Inserting a finger inside the genital of a woman is rape through sexual assault within the context of ‘object’. By inserting any instrument or object into the genital or anal orifice of another person. By inserting his penis into another person's mouth or anal orifice. Offender is a member of the AFP / PNP / any law enforcement agency / penal institution. Rape Elements of rape through sexual intercourse without consent of the woman: (Traditional Rape) 4) Offender is a man. victim is under 18 yrs. or 2) by 2 or more persons Reclusion perpetua Prision mayor to to death reclusion temporal B. that is. When the woman is under 12 years of age or demented. vii. means of fraudulent vi. or ii. & the offender is a parent. relative by consanguinity or affinity w/in the 3rd civil degree. 2) The act of sexual assault is committed by any of the following means: i. When the woman is deprived of reason or is otherwise unconscious. aggravating circumstances: 1) On the VICTIM: i. By using force or intimidation. Rape is attempted & homicide is committed by reason or on the occasion thereof Reclusion perpetua Reclusion temporal to death to reclusion perpetua D. she or he can be liable for rape. When the woman is deprived of reason or otherwise unconscious. Offender knew of the pregnancy of the offended party at the time of the commission of rape ix. guardian. Committed: 1) with the use of a deadly weapon. emotional disorder. Victim becomes insane by reason or on the occasion of rape Reclusion perpetua Reclusion temporal to death C. step-parent. 2) Sexual assault Rape can now be committed by a man or a woman. Offender is afflicted with a sexually transmissible disease & the virus / disease is transmitted to the victim vii. or the common law spouse of the parent of the victim victim is under the custody of the police / military authorities / law enforcement agency victim is a religious and such legitimate vocation is known by the offender before or at the time of rape victim is a child below 7 yrs.VIII. ii. By machination or grave abuse of authority. o If the offender is NOT known to the woman. Conviction does not require a medicolegal finding of any penetration on the part of the woman. Rape by means of fraudulent machinations and grave abuse of the crime of authority absorbs qualified and simple seduction. 1. it is not necessary that she put up a determined resistance. a slight brush or scrape of the penis on the external layer of the vagina will not suffice. HELD: The accused was found guilty of raping a woman deprived of reason or otherwise unconscious. was repeatedly raped by the accused. 3. Only a portion of his penis entered her vagina because the victim kept on struggling until she was able to escape. Incestuous rape refers to rape committed by an ascendant of the offended woman. and was also held liable for rape under the Par. A mere “no. Victim’s consent is immaterial. People v. o 4. it is necessary that there be evidence of affirmative resistance put up by the offended woman. Carnal knowledge of a child below 12 yrs. The accused was convicted of frustrated rape. Statutory rape is consummated when the victim is below 12 yrs. Accused is only liable for ATTEMPTED RAPE. HELD: There is NO crime of FRUSTRATED RAPE because in rape. he actually attains his purpose. Offender’s knowledge of the victim’s age is immaterial in statutory rape. People v. Medical findings showed no signs of genital injury and the victim’s hymen was intact. 2.VIII. People v. complaint grandparents or guardian if the woman was a minor or incapacitated Marriage of the Marriage victim w/ one of extinguishes the the offenders penal action only as benefits not only to the principal the principal but (the person who also the married the accomplices and victim). Age requirement was amended to refer to mental age. no” is enough. Mere touching of the external layer of the vagina is not the same as ‘slightest penetration’. CRIMES AGAINST PERSONS or physical handicap of the offended party at the time of the commission of rape 3) On 3RD PERSONS: x. who has the intellectual capacity of a 9 and 12 year old. Force employed against the victim of the rape need not be of such character as could be resisted. no” is not enough if the offender is a stranger. any of the children. Orita A soldier raped a 19-year old student by poking a knife on her neck. A rape victim does not have the burden of proving resistance. or other relatives w/in the 3rd civil degree of consanguinity Death Reclusion Temporal Old rape law distinguished from RA 8353 Old Rape Law New Rape Law Crime against Crime against chastity persons May be committed Under the 2nd type. Atento A 16-year old mental retardate. that pertains to a victim under 12 notwithstanding the victim’s actual age. by a man against a sexual assault may woman only be committed by ANY PERSON PRIVATE CRIME – May be prosecuted Complaint must be even if the woman filed by the woman does not file a or her parents. parent. The slightest penetration— contact with the labia—will consummate the rape. uttering a mere “no. When the offender has an ascendancy or influence over the girl. Gallo Gallo was found guilty of the crime of qualified rape with the penalty of death. and cannot accessories be extended to coprincipals in case of MULTIPLE RAPE Marital rape NOT Marital rape recognized recognized Complete penetration is NOT necessary. Rape is committed in full view of the of the spouse. People v. If the rape is incestuous. old. from the moment the offender has carnal knowledge of the victim. Campuhan The accused had his pants down and was on top of the 4-year old child when the child’s mother arrived. old even if she is engaged in prostitution is still considered statutory rape. The information filed against him does 2008 Page 77 of 155 BAROPS . all the essential elements of the offense have been accomplished. 100% UP LAW UP CRIMINAL LAW II HELD: For rape to be consummated. An accused may be convicted of rape on the sole testimony of the offended woman. EVIDENCE WHICH MAY BE ACCEPTED IN THE PROSECUTION OF RAPE: 1) Any physical overt act manifesting resistance against the act of rape in any degree from the offended party. and 2) the victim and the accused’s wife are full or half-blood siblings. HELD: Special qualifying circumstances have to be alleged in the information for it to be appreciated. HELD: To effectively prosecute the accused for the crime of rape committed by a relative by affinity w/in the 3rd civil degree. 5. it must be established that: 1) the accused is legally married to the victim’s sister.VIII. there must be clearer proof of relationship and in this case. the subsequent forgiveness by the wife as the offended party shall extinguish the criminal action or the penalty. each shall be liable for the rape committed personally by him. People v. or by indispensable cooperation. provided that their marriage is NOT VOID ab initio. provided. his daughter. When several persons conspired to rape a single victim. a man is charged together with her. This is true in a charge of rape against a woman. 100% UP LAW UP BAROPS 2008 CRIMINAL LAW II Page 78 of 155 . When the legal husband is the offender. Effect of Pardon Subsequent valid marriage between the offender and the offended party shall extinguish the criminal action or the penalty imposed. Since relationship qualifies the crime of rape. or 2) Where the offended party is so situated as to render him/her incapable of giving his consent Rape shield rule: Character of the offended woman is immaterial in rape. it was not adequately substantiated. it CANNOT be considered as a qualifying circumstance. by inducement. as well as those committed by the others. CRIMES AGAINST PERSONS not allege his relationship with the victim. An accused may be considered a principal by direct participation. thus. The case was reopened and the judgment is modified from death to reclusion perpetua. Berana A 14-year old was raped by her brotherin-law. Any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made. 275). 268). or a public officer. Kidnapping Detention and CRIMINAL LAW II Serious Illegal ARTICLE 267.Revealing secrets with abuse of office (Art.IX. indifference of parents (Art. Unlawful arrest (Art. CRIMES AGAINST PERSONAL LIBERTY AND SECURITY TITLE IX: CRIMES AGAINST PERSONAL LIBERTY AND SECURITY CRIMES AGAINST LIBERTY 1. 8. 280). Slavery (Art. 7. Kidnapping and serious illegal detention (Art. Abandonment of minor by person entrusted with his custody. 100% UP LAW UP BAROPS 2008 Page 79 of 155 . 267). 4. The person kidnapped or detained is a minor. 277). A. Grave threats (Art. 272). IMPORTANT POINTS ABOUT THIS ARTICLE: TO REMEMBER Qualifying Circumstances: 1. When a public officer conspires with a private person in the commission of any of the crimes under Title IX. Slight illegal detention (Art. 6. 3. He kidnaps or detains another. Inducing a minor to abandon his home (Art. female. 269). 3. Revealing of industrial secrets (Art. The offenders here are private individuals or public officers acting in their private capacity. 9. When the victim is killed or dies as a consequence of the detention. Essential element: deprivation of liberty. the crime is also one committed under this title and not under Title II. Light threats (Art. 2. 11. Crimes Against Liberty 1. 283). Abandoning a minor (Art. 282). 274). 2. 7. or d. CRIMES AGAINST SECURITY 1. b. 292). 278). Other light threats (Art. Services rendered under compulsion in payment of debts (Art. In the commission of the offense. The purpose is immaterial when any of the circumstances in the first paragraph of Art. The act of detention or kidnapping must be illegal. 3. 289). 271). 286). 267 is present. 276). Abandonment of persons in danger and abandonment of one's own victim (Art. 15. 2.Other similar coercions (Art.Light coercions (Art. 4. 2. Offender is a private individual. Exploitation of child labor (Art. any of the following circumstances is present: a. or in any other manner deprives the latter of his liberty. maintenance and prohibition of combination of capital or labor through violence or threats (Art. Exploitation of minors (Art. 287). 273). 13. Kidnapping and failure to return a minor (Art. 5. 10. 12. When the victim is raped. 285). 4. 6. 281).Formation. 5. Purpose is to extort ransom. they are covered by the crimes under Title 2. 14. 290). 288). it is committed simulating public authority. c. 4. When victim is subjected to torture of dehumanizing acts. Trespass to dwelling (Art. KIDNAPPING SERIOUS ILLEGAL DETENTION AND Elements 1. 291).Grave coercions (Art. Other forms of trespass (Art. 8.Discovering secrets through seizure of correspondence (Art. If they are public officers. The kidnapping lasts for more than 3 days. 16. 3. 270). When detention is illegal: It is not ordered by competent authority nor permitted by law. as long as he is deprived. People v. the maximum penalty shall be imposed. 3. Page 80 of 155 (2) (3) . Essential: There be actual confinement or restriction of the person of the offended party. CRIMES AGAINST PERSONAL LIBERTY AND SECURITY Definition of ransom: It is the money. Grave coercion: If a woman is carried away just to break her will. if the person kidnapped or detained was a minor and the offender was anyone of the parents. of his liberty. Special complex crime of Kidnapping with Murder: When the victim dies or is killed as a consequence of the detention. 7659 in the following respects: (1) Illegal detention becomes serious when it shall have lasted for more than three days. It is enough that the victim is under the complete control of the perpetrators as in this case when the Japanese victim had to rely on his abductors for survival after he was tricked into believing that the police was after him. and from the acts of the accused it 100% UP LAW UP BAROPS 2008 CRIMINAL LAW II cannot be inferred that the latter’s purpose was to actually detain or deprive the victim of his liberty. since no deprivation of liberty was involved. Actual demand for ransom not necessary. instead of five days as originally provided. 4. The demand for ransom did not convert the crime into kidnapping. a payment that releases a person from captivity. In paragraph 4. Serious illegal detention: If a woman is transported just to restrain her of her liberty. Article 267 has been modified by Republic Act No. People v Padica (1993) • Where the evident purpose of taking the victim was to kill him. 2. Difference Between Illegal Detention and Arbitrary Detention Illegal Detention Arbitrary Detention Committed by a Committed by private individual public officer or who unlawfully employee who deprives a person detains a person of his liberty without legal ground Crime against Crime against the personal liberty fundamental laws of the State 1. The liability of the parent is provided for in the last paragraph of Article 271. as long as it can be proven that the kidnapping was done for the purpose of extorting money. and that act is coupled with lewd designs. People v Pavillare (2000) • The duration of the detention even if only for a few hours does not alter the nature of the crime committed. to compel her to agree to the demand or request by the offender. People v Luartes (1999) • The essence of kidnapping is the actual deprivation of the victim’s liberty coupled with the intent of the accused to effect it. There is no lewd design or lewd intent. • When the kidnapping was done to extort ransom. • It was also held in this case that keeping a person as a collateral for payment of an obligation is kidnapping. It is not necessary that the victim be placed in an enclosure.IX. the latter has been expressly excluded from the provision. or is subjected to torture. it is not necessary that one or any of circumstances enumerated be present. Forcible abduction: If a woman is transported from one place to another by virtue of restraining her of her liberty. or dehumanizing acts. price or consideration paid or demanded for redemption of a captured person or persons. the subsequent killing of the victim did not constitute the crime of kidnapping. A paragraph was added to Article 267. which states: When the victim is killed or dies as a consequence of the detention or is raped. Tomio • Physical detention is not necessary. in any manner. Generally. Unlawful Arrest Difference Between Unlawful Arrest and Delay in the Delivery of Detained Persons DELAY IN THE DELIVERY OF DETAINED PERSONS (Art. If the offender is a public officer. and those where the killing of the victim was not deliberately resorted to but was merely an afterthought. Slight Illegal Detention IMPORTANT POINTS ABOUT THIS ARTICLE: TO REMEMBER This felony is committed if any of the five circumstances in the commission of kidnapping or detention enumerated in Article 267 is not present. The crime is committed without the attendance of any of the circumstances enumerated in Article 267. that is. the private individual making the arrest incurs criminal liability for illegal detention under Article 267 or 268. If the person arrested is not delivered to the authorities. If the detention or arrest is for a legal ground. be 2. unlawful arrest through incriminatory machinations under Article 363. 125) Detention is for some legal ground UNLAWFUL ARREST (Art. If serious. 2. 2. 3. The liability of one who furnishes the place where the offended party is being held captive is that of a principal and not of an accomplice. CRIMES AGAINST PERSONAL LIBERTY AND SECURITY CRIMINAL LAW II The amendment introduced in our criminal statutes the concept of "special complex crime" of kidnapping with murder or homicide. UNLAWFUL ARREST Elements 1. If the arrest is made without a warrant and under circumstances not allowing a warrantless arrest. 3. 4. Offender arrests or detains another person. this crime is committed by incriminating innocent persons by the offender’s planting evidence to justify the arrest – a complex crime results.IX. (3)Before the institution of the criminal action. ARTICLE 269. then Article 125 will apply. Note: This felony may also committed by public officers. He kidnaps or detains another. The penalty is lowered if: (1)The offended party is voluntarily released within three days from the start of illegal detention. The prevailing rule now is Asistio v. the crime is arbitrary detention under Article 124. it has no effect. DETENTION SLIGHT ILLEGAL IMPORTANT POINTS ABOUT THIS ARTICLE: TO REMEMBER Elements 1. 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. or in any other manner deprives him of his liberty. It eliminated the distinction drawn by the courts between those cases where the killing of the kidnapped victim was purposely sought by the accused. Offender is a private individual. which provides that voluntary release will only mitigate criminal liability if crime was slight illegal detention. The act of kidnapping or detention is illegal. the crime would be unlawful arrest. Judge. The arrest or detention is not authorized by law or there is no reasonable ground therefor. The purpose of the offender is to deliver him to the proper authorities. 269) Detention is not authorized by law Page 81 of 155 100% UP LAW UP BAROPS 2008 . but the public officer delays delivery of the person arrested to the proper judicial authorities. ARTICLE 268. 3. (2)Without attaining the purpose. The crime is slavery if the offender is not engaged in the business of prostitution. If he is. Offender purchases. kidnap. SLAVERY Elements 1. and (b) committed with criminal intent The minor should not leave his home of his own free will. Article 267 does not apply. Generosa • The deliberate failure to return a minor under one’s custody constitutes deprivation of liberty. If the purpose of the kidnapping or detention is to enslave the offended party. or detain a human being for the purpose of enslaving him. IMPORTANT POINTS TO REMEMBER: Inducement must be (a) actual. The penalty is increased if the purpose of the offender is to assign the offended party to some immoral traffic. People v. Father or mother may commit the crimes in Art. The essential element which qualifies the crime of kidnapping a minor under Art. 1. 2. Inducing a Minor to Abandon his Home ARTICLE 271. Kidnapping and Failure to Return a Minor KIDNAPPING AND FAILURE RETURN A MINOR (270) TO Elements 1. He deliberately fails to restore the said minor to his parents or guardians. 100% UP LAW UP BAROPS This is committed if anyone shall purchase. • Kidnapping and failure to return a minor is necessarily included in kidnapping and serious illegal detention of a minor under Article 267(4). 2. Offender is entrusted with the custody of a minor person (whether over or under seven years but less than 18 years of age). The purpose of the offender is to enslave such human being.IX. If the taking is with the consent of the parents. CRIMES AGAINST PERSONAL LIBERTY AND SECURITY Crime is committed by failing to deliver such person to the proper judicial authority within a certain period Committed by making an arrest not authorized by law CRIMINAL LAW II 5. and it is not necessary that the minor actually abandons the home. Offender induces said minor to abandon such home. sells. slavery is committed. If the accused is any of the parents. not kidnapping and failure to return a minor under Article 270. IMPORTANT POINTS ABOUT THIS ARTICLE: TO REMEMBER IMPORTANT POINTS ABOUT THIS ARTICLE: TO REMEMBER If any of the foregoing elements is absent. the crime is white slave trade under Article 341. INDUCING A MINOR TO ABANDON HIS HOME Elements 1. 2. 4. 270 is that the offender is entrusted with the custody of the minor. 2008 Page 82 of 155 . kidnaps or detains a human being. the kidnapping of the minor will then fall under Article 267. Mendoza • Where a minor child was taken by the accused without the knowledge and consent of his parents. 170 and 171 where they are living separately and the custody of the minor children is given to one of them. 2. Articles 270 and 271 apply. A minor (whether over or under seven years of age) is living in the home of his parents or guardians or the person entrusted with his custody. Slavery ARTICLE 272. the crime is kidnapping and serious illegal detention under Article 267. People v. the crime in Article 270 is committed. What constitutes the crime is the act of inducing a minor to abandon his home of his guardian. 6. involuntary servitude and debt bondage. there is slavery. involuntary servitude and debt bondage. forced labor. for profit or consideration. 3. sexual exploitation. pornography. forced labor. slavery. sexual exploitation. involuntary servitude and debt bondage. 5. 2. slavery. RA 9208: ANTI-TRAFFICKING OF PERSONS ACT OF 2003 Sec. for purposes of prostitution. forced labor. sexual exploitation. sexual exploitation. recruiting. CRIMES AGAINST PERSONAL LIBERTY AND SECURITY CRIMINAL LAW II The employment or custody of a minor with the consent of the parent or guardian although against the child’s own will cannot be considered involuntary servitude. pornography. 4 enumerates the following as unlawful: 1. incl. slavery. becomes insane. 2. Exploitation of Child Labor ARTICLE 273. hiring persons for purposes prostitution or pornography. introductions or mail-order bride schemes between Filipinas and foreigners for purposes of prostitution. adopting children for purposes of prostitution. 4. 2. But where is proven that the defendant was obliged to render service in plaintiff’s house as a servant without remuneration whatever and to remain there so long as she has not paid her debt. sexual exploitation. offender is a member of enforcement/military agencies. 6. 3. involuntary servitude and debt bondage. by a 4. involuntary servitude and debt bondage. Under Sec. 6. guardian or person entrusted IMPORTANT POINT TO REMEMBER ABOUT THIS ARTICLE: The existence of an indebtedness constitutes no legal justification for holding a person and depriving him of his freedom to live where he wills. Services Rendered Under Compulsion in Payment of Debt 6. harboring. engaging in illegal trade of body organs. 4. 3. facilitating. 8. 8. pornography. 5 also penalizes 100% UP LAW UP BAROPS 2008 Page 83 of 155 . transferring. transporting. suffers mutilation or is infected with HIV virus/ AIDS. of acts that promote. CHILD LABOR EXPLOITATION OF Elements 1. law 7. trafficking is made for purposes of engaging in prostitution with law enforcement/military agencies. slavery. adopting/recruiting child soldiers for armed conflict Sec. 7. facilitate or otherwise assist in the commission of the acts enumerated in Sec. even under the pretext of overseas employment. organizing “sex” tours and similar travel packages. It is under the pretext of reimbursing himself of a debt incurred by an ascendant. Abducting and forcing persons to sell/donate organs/tissues. trafficking is qualified when: 1. by reason of trafficking. offering and contracting marriages for purposes of prostitution. slavery. forced labor. the victim dies. forced labor. the inter-country adoption is effected for purposes of prostitution. 8.IX. offender is an ascendant. pornography. guardian or otherwise exercises authority over the trafficked person or a public officer or employee. Offender retains a minor in his services. the trafficked person is a child. trafficking is committed syndicate (large-scale). providing or receiving persons. It is against the will of the minor. sibling. 5. parent. pornography. 6. Failing to help or render assistance to another whom the offender has accidentally wounded or injured. 3. procuring or offering the child for illicit activities. Accused found there a person wounded or in danger of dying. such as trafficking of drugs and other illegal substances. under seven years of age. of working hours provided by said law. d. CRIMES AGAINST PERSONAL LIBERTY AND SECURITY CRIMINAL LAW II ARTICLE 274. 4. Abandoning a Minor 100% UP LAW UP BAROPS 2008 Page 84 of 155 . Accused can render assistance without detriment to himself. 3. procuring or offering the child for purposes of prostitution or pornographic activities. It is against the debtor’s will. or by failing to take him to a safe place. Failing to render assistance to any person whom the offender finds in an uninhabited place. Subjecting the child to various forms of slavery as defined in RA 9208. 3. SERVICES RENDERED UNDER COMPULSION IN PAYMENT OF DEBT Elements: 1. Abandonment Of Persons In Danger And Abandonment Of Own Victim 2. 2. RA 9231: ANTI-CHILD LABOR ACT OF 2003 RA 9231 amended RA 7160 by imposing heavier penalties on parents. 2. b. Accused fails to render assistance. either as a household servant or farm laborer. to the authorities or to his family. c. 2. Offender compels a debtor to work for him. incl. By failing to deliver a child. Using. and below who commit any of the following acts: 5. IMPORTANT POINTS ABOUT THIS ARTICLE: TO REMEMBER Does not apply: When a person intentionally wounds another and leaves him in an uninhabited place Immaterial: That the offender did not know that the child is under seven years. unless such omission shall constitute a more serious offense. guardians and employers of children 18 yrs. ABANDONMENT OF PERSONS IN DANGER AND ABANDONMENT OF OWN VICTIM Acts punished 1. Making the child work beyond the maximum no. whom the offender has found abandoned. B.IX. Trafficking of children. recruitment of child soldiers. The place is not inhabited. Elements a. Misappropriating the earnings of the child and/or failure to set up a trust fund for the latter and render a semiannual accounting of such. Crimes Against Security 1. etc. The purpose is to require or enforce the payment of a debt ARTICLE 275. wounded or in danger of dying when he can render such assistance without detriment to himself. Making the child work in hazardous working conditions. Using. 1. Elements: a. ABANDONING A Elements 1. particularly the crime of abandoning a minor under Art. CRIMES AGAINST PERSONAL LIBERTY AND SECURITY CRIMINAL LAW II ARTICLE MINOR 276. of age Minor is delivered to a public institution or other person ABANDONMENT OF MINOR (ART. Delivering a minor to a public institution or other persons without the consent of the one who entrusted such minor to the care of the offender or. Intent to kill cannot be presumed from the death of the child. He has no intent to kill the child when the latter is abandoned. Neglecting his (offender’s) children by not giving them the education which their station in life requires and financial condition permits. Offender has charge of the rearing or education of a minor. that is . The ruling that the intent to kill is presumed from the death of the victim of the crime is applicable only to crimes against persons. Circumstances qualifying the offense: 1. b. or 2. 3. the proper authorities have not consented to it. b. The one who entrusted such child to the offender has not consented to such act. He delivers said minor to a public institution or other persons. without the consent of the proper authorities. INDIFFERENCE OF PARENTS Acts punished 1. 276.IX. When the death of the minor resulted from such abandonment. Difference Between Abandonment of Minor and Abandonment of Minor by Persons Entrusted with Custody ABANDONMENT OF MINOR BY PERSONS ENTRUSTED WITH CUSTODY (ART. 2. c. the custody for the rearing or education of the minor Minor is under 18 yrs. and not to crimes against security. or if the one who entrusted such child to the offender is absent. Abandonment Of Minor By Person Entrusted With Custody. c. Offender has the custody of a child. He abandons such child. He neglects his children by not giving them education. Minor is under 7 years of age Minor is abandoned in such a way as to deprive him of the care and protection that his tender years need 100% UP LAW UP BAROPS 2008 Page 85 of 155 . in the absence of that one. Offender is a parent. 4. ABANDONMENT OF MINOR BY PERSON ENTRUSTED WITH CUSTODY. 276) 3. Indifference Of Parents The custody of the offender is stated in general ARTICLE 277. The child is under seven years of age. His station in life requires such education and his financial condition permits it. IMPORTANT POINTS ABOUT THIS ARTICLE: TO REMEMBER Elements a. If the life of the minor was in danger because of the abandonment. 2. The purpose in abandoning the minor under his custody is to avoid the obligation of taking care of said minor. 277) The custody of the offender is specific. Qualified Trespass to Dwelling ARTICLE 280. gymnast. It also includes a room where one resides as a boarder. or wild-animal tamer. the crime is not committed. 3. rope-walker. trespass is committed. diver. Delivering a child under 16 years of age gratuitously to any person following any of the callings enumerated in paragraph 2. CRIMES AGAINST PERSONAL LIBERTY AND SECURITY 4. He enters the dwelling of another. If the purpose in entering the dwelling is not shown. It includes the dependencies which have interior communication with the house. 7610. If the purpose is shown. etc. Additional penalties for other offenses. Nature of the Business: this involves circuses which generally attract children so they themselves may 100% UP LAW UP BAROPS DWELLING: This is the place that a person inhabits. 4. The imposition of the penalties prescribed in the preceding articles. it may be absorbed in the crime as in robbery with force upon things. the offender being an acrobat. or circus manager or engaged in a similar calling. gymnast. Article 279 provides that there would be additional criminal liability for the resulting felony. wild-animal tamer or circus manager or to any habitual vagrant or beggar is made in consideration of any price. ropewalker. 5. Employing children under 16 years of age who are not the children or descendants of the offender in exhibitions of acrobat. 2. unless the minor is less than 12 years old. physical strength or contortion. the offender being an ascendant. Exploitation of Minors CRIMINAL LAW II enjoy working there unaware of the danger to their own lives and limbs. guardian. 2008 Page 86 of 155 . Causing any boy or girl under 16 years of age to perform any dangerous feat of balancing. Offender is a private person.. hence. It is not necessary that it be the permanent dwelling of the person. If the employer is an ascendant. a person’s room in a hotel may be considered a dwelling. The offender is engaged in a kind of business that would place the life or limb of the minor in danger.IX. teacher IMPORTANT POINTS ABOUT THIS ARTICLE: TO REMEMBER Circumstance qualifying the offense: If the delivery of the child to any person following any of the calling of acrobat. 2. Article 278 has no application if minor is 16 years old and above. 3. diver. the trespass yielding to the more serious crime. the penalty is higher. Such entrance is against the latter’s will. the offender being engaged in any of the said callings. or to any habitual vagrant or beggar. IMPORTANT POINTS ABOUT THIS ARTICLE: TO REMEMBER ARTICLE 278. QUALIFIED TRESPASS TO DWELLING Elements 1. Employing any descendant under 12 years of age in dangerous exhibitions enumerated in the next preceding paragraph. shall not prevent the imposition upon the same person of the penalty provided for any other felonies defined and punished by this Code. even though working for him is not against the will of the minor. EXPLOITATION OF MINORS Acts punished 1. But the exploitation will be dealt with by Republic Act No. Article 279. the offender being any person. If the minor so employed would suffer some injuries as a result of a violation of Article 278. Age: Must be below 16 years. compensation or promise. 4. 281) The offender is any person Offender enters closed premises or fenced estate Place entered is uninhabited It is the entering the closed premises or the fenced estate without securing the permission of the owner or caretaker thereof Prohibition to enter must be manifest Prohibition to enter is express or implied Page 87 of 155 . or if there was no injury. 280) Offender is a private person Offender enters a dwelling Place entered is inhabited Act constituting the crime is entering the dwelling against the will of the owner OTHER FORMS OF TRESPASS (ART. Offender is public officer: Crime is violation of domicile No overt act of the crime intended to be committed: Crime is trespass to dwelling. 3. The cutting of the fastenings of the door was an act of violence. “Against the will”: This means that the entrance is. Wounding by means of a bolo. The prohibition to enter may be made at any time and not necessarily at the time of the entrance. Pushing the door violently and maltreating the occupants after entering. Fraudulent entrance may constitute trespass. The flourishing of a bolo against inmates of the house upon gaining an entrance 5. 2. shop. Examples of trespass by means of violence: 1. prohibited or the prohibition is presumed. TRESPASS OTHER FORMS OF Elements 1. locality is fixed. but in either case. IMPORTANT POINT TO REMEMBER ABOUT THIS ARTICLE: Premises: signifies distinct and definite locality. CRIMES AGAINST PERSONAL LIBERTY AND SECURITY If the purpose is not shown and while inside the dwelling he was found by the occupants. It may mean a room. Firing a revolver in the air by persons attempting to force their way into a house. provided that the opposition of the occupant is clearly established by the circumstances under which the entry is made. It is not necessary that there be a breaking. Cutting of a ribbon or string with which the door latch of a closed room was fastened. Other Forms of Trespass ARTICLE 281. Difference Between Qualified Trespass and Other Forms of Trespass QUALIFIED TRESPASS TO DWELLING (ART. Offender enters the closed premises or the fenced estate of another. the crime committed will be trespass to dwelling and frustrated homicide. If the entry is made by a way not intended for entry. entry through a window). it is not necessary that the entry should be preceded by an express prohibition. The trespasser has not secured the permission of the owner or the caretaker thereof. physical injuries. 3. The prohibition to enter is manifest. 2. 100% UP LAW UP BAROPS 2008 CRIMINAL LAW II 2. one of whom was injured by him. that is presumed to be against the will of the occupant (example. such as the existence of enmity or strained relations between the accused and the occupant. unjust vexation. the owner of the house immediately after entrance Examples of trespass by means of intimidation: 1.IX. building or definite area. either expressly or impliedly. The entrance is made while either of them is uninhabited. To prove that an entry is against the will of the occupant. honor or property or that of this family of any wrong amounting to a crime and demanding money or imposing any other condition. 3. 283. GRAVE THREATS Acts punished: 1. honor or property. Threatening another with the infliction upon his person. 8. 3. 2. When he threatens another under the circumstances mentioned in Art. Article 282. Offender makes a threat to commit a wrong. honor or property. That the offender threatens another person with the infliction upon the latter’s person. Elements of Grave Threat Subject to a Condition 1. and the offender attained his purpose. honor or property or that of his family of any wrong amounting to a crime. 3. of any wrong. that he has not attained his purpose. IMPORTANT POINTS ABOUT THIS ARTICLE: TO REMEMBER The harm threatened must not be in the nature of crime and there is a demand for money or any other condition is imposed. 4. Making such threat without the offender attaining his purpose. 282. That there is a demand for money or that any other condition is imposed. Not Article 284. CRIMES AGAINST PERSONAL LIBERTY AND SECURITY 7. of any wrong. Elements of Grave Threats Where the Offender Attained His Purpose: 1. That such wrong amounts to a crime. 4. The wrong does not constitute a crime. even though not unlawful. It is sufficient that the threats came to his knowledge. That the offender threatens another person with the infliction upon the latter’s person. Bond for Good Behavior WHEN A PERSON IS REQUIRED TO GIVE BAIL BOND 1. even though not unlawful.IX. Qualifying Circumstance: If threat was made in writing or through a middleman. Threatening another with the infliction upon his person. Offender has attained his purpose or. Grave Threats CRIMINAL LAW II ARTICLE 282. When consummated: As soon as the threats came to the knowledge of the offended party. 2. or upon that of the latter’s family. There is a demand for money or that other condition is imposed. It is essential that there be intimidation. or upon that of the latter’s family. When he threatens another under the circumstances mentioned in Art. That such wrong amounts to a crime. 3. the threat not being subject to a condition. 2. even though not unlawful. Light Threats ARTICLE 283. LIGHT THREATS Elements 1. 2. 2. IMPORTANT POINTS ABOUT THIS ARTICLE: TO REMEMBER 100% UP LAW UP BAROPS 2008 Page 88 of 155 . It is not necessary that the offended party was present at the time the threats were made. That the offender attains his purpose. That the threat is not subject to a condition. even though lawful. Blackmailing may be punished under this article. Threats which are ordinarily grave threats. to do something against his will. The prevention or compulsion be effected by violence. 2. Orally threatening to another any harm constituting a felony. even though some sort of violence or intimidation is employed. 2. may be other light threats. A public officer who shall prevent by means of violence or threats the ceremonies or manifestations of any religion is guilty of interruption of religious worship (Art. do not Elements 1. Any person who. Any person who shall use force or intimidation to prevent any member of Congress from attending the meetings thereof. whether it be wrong or not. by force. Grave Coercions Purpose Of The Law: To enforce the principle that no person may take the law into his hands. whether it be right or wrong. 2. 100% UP LAW UP BAROPS 2008 Page 89 of 155 . if made in the heat of anger. by means of violence. if some injuries are inflicted. without persisting in the idea involved in his threat. Other Light Threats CRIMINAL LAW II ARTICLE 285. in the heat of anger. the subsequent acts of the offender must show that he did not persist in the idea involved in the threat. threats or intimidation. by means of violence. Arises only if the act which the offender prevented another to do is not prohibited by law or ordinance. threats or intimidation. and that our government is one of law. THREATS OTHER LIGHT Acts punished 1. Preventing another. not of men. 2. expressing his ARTICLE 286. threats or intimidation. If the threats are directed to a person who is absent and uttered in a temporary fit of anger. The person that restrained the will and liberty of another had not the authority of law or the right to do so. CRIMES AGAINST PERSONAL LIBERTY AND SECURITY 9. and 3. unless it be in lawful self-defense. it would not give rise to grave coercion. the crime of grave coercion is committed if violence or intimidation is employed in order to compel him to do the act. that the restraint shall not be made under authority of law or in the exercise of any lawful right. 10. or in other words. or that he compelled him to do something against his will. • It may only give rise to threat or physical injuries.IX. Threatening another with a weapon. GRAVE COERCIONS Acts punished 1. or by drawing such weapon in a quarrel. with some harm constituting a crime. In case of grave coercion where the offended party is being compelled to do something against his will. Orally threatening another. 143. from doing something not prohibited by law. prevents the meeting of a legislative body is liable under Art. 3. If a person prohibits another to do an act because the act is a crime. the offense is only other light threats. be it right or wrong. 132). A person prevented another from doing something not prohibited by law. Compelling another. IMPORTANT POINTS ABOUT THIS ARTICLE: TO REMEMBER IMPORTANT POINTS ABOUT THIS ARTICLE: TO REMEMBER Under the first type. Other Similar Coercions ART. if the interference is necessary to avert an imminent danger and the threatened damage. 2. b. but still. Such employee or laborer does not expressly request that he be paid by means of tokens or objects. The seizure of the thing be accomplished by means of violence or a display of material force producing intimidation. CA. Civil Code) 1. He or such firm or corporation has employed laborers or employees. 432. Elements: b. c. • The complainant may have acted reluctantly and with hesitation. It is light coercion under Art. 12. or casting his vote is liable under Art. Offender is any person. Unjust Vexation: • any act committed without violence. c. compared to the damage arising to the owner from the interference. 11. or knowingly permitting the forcing or compelling of the laborer or employee of the offender to purchase merchandise of commodities of any kind from him. 4. CRIMINAL LAW II some physical or material harm would. Offender must be a creditor. COERCIONS OTHER SIMILAR Acts punished: 1. 287. IMPORTANT POINTS ABOUT THIS ARTICLE: TO REMEMBER Deals with light coercions wherein violence is employed by the offender who is a creditor in seizing anything belonging to his debtor for the purpose of applying the same to the payment of the debt. Paying the wages due his laborer or employee by means of tokens or object other than the legal tender currency of the Philippines. CRIMES AGAINST PERSONAL LIBERTY AND SECURITY opinions. is much greater. although not productive of 100% UP LAW UP IMPORTANT POINTS ABOUT THIS ARTICLE: TO REMEMBER BAROPS 2008 Page 90 of 155 . 288. 201 SCAR 405 • Neither the crime of threats nor coercion is committed although the accused. The crime is not grave coercion when the violence is employed to seize anything belonging to the debtor of the offender. unless expressly requested by such laborer or employee. (Art. but which unjustifiably annoys or vexes an innocent person amounts to light coercion. The owner of a thing has no right to prohibit the interference of another with the same. Forcing or compelling. directly or indirectly. He seizes anything belonging to his debtor: 3. it was voluntary. any of his or its laborers or employees to purchase merchandise or commodities of any kind from him or from said firm or corporation. unjustifiably annoy or vex an innocent person. however. Offender pays the wages due a laborer or employee employed by him by means of tokens or object.IX. • should include any human conduct which. Elements: a. and also made her execute an affidavit regarding the return of the amount against her better sense and judgment. Those tokens or objects are other than the legal tender currency of the Philippines. Unjust Vexation is distinguished from grave coercion by the absence of violence. 145. directly or indirectly. The purpose of the offender is to apply the same to the payment of the debt. or knowingly permits to be forced or compelled. Lee v. 2. a branch manager of a bank made the complainant sign a withdrawal slip for the amount needed to pay the spurious dollar check she had encashed. He forces or compels. agent or officer of any association or corporation. Light Coercions ARTICLE 287. c. LIGHT COERCIONS Elements 1. Book III. He seizes the papers or letters of another. He shall not in any manner force. 2. DISCOVERING SECRETS THROUGH SEIZURE OF CORRESPONDENCE ELEMENTS 1. Distinction from estafa. Formation. Labor Code. 3. Rule VIII. Peaceful picketing is not prohibited. citing People v. C. AND PROHIBITION OF COMBINATION OF CAPITAL OR LABOR THROUGH VIOLENCE OR THREATS Elements 1. 5. This is a crime against the security of one’s papers and effects. on the other hand. commodities or other property from the employer or from any other person. Offender is informed of the contents of the papers or IMPORTANT POINTS ABOUT THIS ARTICLE: TO REMEMBER 13. promissory notes. 35. • If. REPUBLIC ACT NO. CA. it is not necessary that the offender should actually discover the contents of the letter. Discovering Secrets through Seizure of Correspondence 100% UP LAW UP BAROPS 2008 Page 91 of 155 . Discovery and Revelation of Secrets 1. maintain or prevent coalitions of capital or labor. 4200 AN ACT TO PROHIBIT AND PENALIZE WIRE TAPPING AND OTHER RELATED VIOLATIONS OF THE PRIVACY OF IMPORTANT POINTS ABOUT THIS ARTICLE: TO REMEMBER The act should not be a more serious offense. strike of laborers or lockout of employers. According to Ortega. or persons entrusted with the custody of minors placed under their care or custody. guardians. The act violates the privacy of communication. but only to cause damage to another’s. damage to property. 40 OG. The teachers or other persons entrusted with the care and education of minors are included in the exceptions. The purpose must be to discover its effects. The purpose is to discover the secrets of such another person. the purpose was not to defraud.IX. it would be estafa. Maintenance. Omnibus Rules Implementing the Labor Code) No employer shall limit or otherwise interfere with the freedom of any employee to dispose of his wages. 4. The purpose is to organize. coupons or any other forms alleged to represent legal tender is absolutely prohibited even when expressly requested by the employee. the act should be considered as unjust vexation. (Art. Reyes. oblige his employees to purchase merchandise. If death or some serious physical injuries are caused in an effort to curtail the exercise of the rights of the laborers and employers. Offender is a private individual or even a public officer not in the exercise of his official function. CRIMES AGAINST PERSONAL LIBERTY AND SECURITY General rule: wages shall be paid in legal tender and the use of tokens. Singh. and unjust vexation: • If the act had been executed with intent of gain. MAINTENANCE. believes otherwise. the act should be punished in accordance with the other provisions of the Code. 2. Suppl. Threats made or violence employed by picketers may make them liable for coercion. Offender employs violence or threats.) CRIMINAL LAW II ARTICLE 290. • If the intention was merely to cause vexation preventing another to do something which the law does not prohibit or compel him to execute what he does not want. and to the spouses with respect to the papers or letters of either of them. The last paragraph of Article 290 expressly makes the provision of the first and second paragraph thereof inapplicable to parents. and Prohibition of Combination of Capital or Labor through Violence or Threats ARTICLE 289. (Section 1. compel. it would merit the qualification of damage to property. FORMATION. 112. in such a degree as to compel or force the laborers or employers in the free and legal exercise of their industry or work. vouchers. He is enjoying a confidential relation with 100% UP LAW UP BAROPS IMPORTANT POINTS ABOUT THIS ARTICLE: TO REMEMBER Secrets must relate to manufacturing processes. Prejudice is caused to the owner. Revealing Office Secrets With Abuse Of ARTICLE 291. Offender is a manager. detectaphone. To knowingly possess any tape/wire or disc record. Offender is a person in charge. damage is necessary and the agent.IX. 3. dictagraph. CRIMES AGAINST PERSONAL LIBERTY AND SECURITY COMMUNICATION. employee or servant shall always be liable. AND FOR OTHER PURPOSES. employee or workman of a manufacturing or industrial establishment. 4. REVELATION INDUSTRIAL SECRETS OF Elements 1. Prejudice is caused to the owner. walkie-talkie or taperecorder. 2. Prejudice is an element of the offense. 2) Any recording. Offender reveals such secrets. If the matter pertains to the business of the employer or master. 2008 Page 92 of 155 . manager. The revelation of the secret might be made after the employee or workman had ceased to be connected with the establishment. or servant who came to know of the secret of his master or principal in such capacity and reveals the same shall also be liable regardless of whether or not the principal or master suffered damages. Elements 1. QUASI-JUDICIAL OR ADMINISTRATIVE HEARING OR INVESTIGATION. REVEALING SECRETS WITH ABUSE OF OFFICE Elements 1. To replay the same for any person or persons 5. He reveals such secrets. Revelation of Industrial Secrets ARTICLE 292. Offender reveals such secrets. communication or spoken word obtained in violation of the provisions of this Act – INADMISSIBLE IN EVIDENCE IN ANY JUDICIAL. 4. 1. verbally or in writing 6. To furnish transcriptions thereof. 3. 2. The manufacturing or industrial establishment has a secret of the industry which the offender has learned. The manufacturing or industrial establishment has a secret of the industry which the offender has learned.Unlawful acts by any person or participant. 3. To use any other device or arrangement to secretly overhear. intercept or record such communication by using a device known as dictaphone. employee or workman of a manufacturing or industrial establishment. Essence of this crime is that the offender learned of the secret in the course of his employment. employee or servant. The act constituting the crime is revealing the secret of the industry which the offender has learned. SECTION 1. not authorized by all the parties to any private communication or spoken word. Reason: no one has a right to the personal privacy of another. IMPORTANT POINTS TO REMEMBER: An employee. To communicate the contents thereof. 2. 3. He learns the secrets of his principal or master in such capacity. CRIMINAL LAW II the employer or master so he should respect the privacy of matters personal to the latter. To tap any wire or cable 2. 4. or copies of any communication or spoken word 4. Offender is a person in charge. 3. whether complete or partial EXCEPTION: 1) When a peace officer is authorized by written order from the court. Qualified theft (Art 310) 16. False keys (Art 305) 20. Robbery in an uninhabited place or in a private building (Art 302) 11. Robbery with physical injuries. and d. serious physical injuries. VIOLENCE AGAINST OR INTIMIDATION OF PERSON The taking is always robbery VALUE OF THE PROPERTY TAKEN IS IMMATERIAL. 312). committed in an inhabited place and by band. Who are liable for malicious mischief (Art 327) 30. ARSON & OTHER CRIMES INVOLVING DESTRUCTION (REPEALED BY PD1613 & RA7659) 29. That there is (3) unlawful taking of that property. The penalty depends on: (a) the result of the violence used (homicide. Special cases of malicious mischief (Art 328) 31. the penalty is based on: (a) the value Page 93 of 155 2008 . opium “Taking”: depriving the offended party of ownership of the thing taken with the character of permanency.g. or force upon anything. That the taking must be (4) with intent to gain. Removal. or firewood in an uninhabited place or private building (Art 303) 12. Robbery with violence against or intimidation of persons (Art 294) 3. or any other kind of locked or sealed furniture or receptacle inside the building or to force them open outside after taking the same from the building (Art. That there is (5) violence against or intimidation of any person. That there be (1) personal property.. e. public building or building dedicated to religious worship and their dependencies (Art 301) 10. rape. Prohibitive articles may be the subject of robbery. chests. Who are brigands (Art 306) 21. CRIMES AGAINST PROPERTY TITLE X. except in case of confession. Damage and obstruction to means of communication (Art 330) 33. Execution of deeds by means of violence or intimidation (Art 298) 7. sale pledge of mortgaged property (Art 319) 28. Other deceits (Art 318) 27. fruits. (2) belonging to another.X. Persons exempt from criminal liability (Art 332) 100% UP LAW UP BAROPS CRIMINAL LAW II Robbery (293) 1. Possession of picklocks or similar tools (Art 304) 13. Penalties (Art 309) 15. or edifice devoted to religious worship. Robbery of cereal. Other mischiefs (Art 329) 32. or with the use of firearm on a street. b. c. Attempted and frustrated robbery committed under certain circumstances (Art 297). 6. What is a inhabited house. Definition of a band and penalty incurred by the members thereof (Art 296) 5. Other forms of swindling (Art 316) 25. Destroying or damaging statues. Occupation of real property or usurpation of real rights in property (Art312) 18. Who are guilty of robbery (Art 293) 2. CRIMES AGAINST PROPERTY 1. public building. wardrobes. Intent to gain is presumed from the unlawful taking. Who are liable of theft (Art 308) 14. Swindling a minor (Art 317) 26. Altering boundaries or landmarks (Art 313) 19. WHO ARE GUILTY OF ROBBERY Elements of Robbery in General: a. Robbery in an uninhabited place and by a band (Art 300) 9. intentional mutilation. ARTICLE 293. public monuments or paintings (Art 331) 34. Swindling (ESTAFA) (Art 315) 24. road or alley (Art 295) 4. 299 & 302) If committed in an inhabited house. if real property/right is usurped the crime is usurpation (Art. It cannot be established by direct evidence. Aiding and abetting a band of brigands (Art 307) 22. Fraudulent insolvency (Art 314) 23. Robbery in an inhabited house or public building or edifice devoted to worship (Art 299) 8. The property taken must be personal. Theft the property of the National Library and National Museum (Art 311) 17. less serious or slight physical injuries resulted) and (b) the existence of intimidation only USE OF FORCE UPON THINGS The taking is robbery only if used force to: 1enter the building or 2) to break doors. or incapacity for the work in which the injured person is theretofore habitually engaged is inflicted. When by reason or on occasion of robbery. There is no crime as robbery with murder. the offender shall have inflicted upon any person not responsible for the commission of the robbery any of the physical injuries in consequence of which the person injured becomes deformed or loses any other member of his body or loses the use thereof or becomes ill or incapacitated for the performance of the work in which he is habitually engaged for labor for more than 30 days 7. WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS CRIMINAL LAW II The crime defined in this article is a special complex crime. the rape to be considered as an aggravating circumstance only. any of the physical injuries resulting in insanity. or the loss of an eye. an arm or a leg or the loss of the use of any such member. impotency. 294: 1. ◦ even if the taking was already complete when the violence was used by the offender. It must be present before the taking of personal property is complete. When the robbery is accompanied by rape or intentional mutilation or arson. When in the course of its execution. CRIMES AGAINST PROPERTY of the thing taken and (b) whether or not the offenders carry arms. BUT when robbery is under Art 294 par 4 & 5 the penalty is lower than 2008 Page 94 of 155 A.X. or blindness is inflicted. 263. imbecility. When by reason or on occasion of the robbery. Exception: When the violence results in: • (1) homicide. the crime is robbery with homicide. a hand. or if the offender employs intimidation only. When rape and homicide co-exist in the commission of robbery. Absence of intent to gain will make the taking of personal property grave coercion if there is violence used (Art. The crime is still robbery with homicide if. WITH VIOLENCE OR INTIMIDATION OF PERSONS (294) Acts punished under Art. not upon the thing taken. 4. in the course of the robbery. Additional rapes committed on the same occasion of robbery will not increase the penalty. it is still robbery with rape. 286). NAPOLIS V. Even if the rape was committed in another place. a person was killed even if it was another robber or a bystander. The violence must be against the person of the offended party. there are two distinct crimes committed: attempted rape and theft. • (2) rape. 100% UP LAW UP BAROPS . 2. If the violence or intimidation employed in the commission of the robbery is carried to a degree clearly unnecessary for the commission of the crime. 6. 2. If both violence/intimidation of persons (294) and force upon things(299/302) exist it will be considered as violation of Art 294 because it is more serious than in Art 299/302. 3. the homicide is committed. 294. When by reason or on occasion of such robbery. a foot. 263. • (3) intentional mutilation.CA (1972) 1. any of the physical injuries resulting in the loss of the use of speech or the power to hear or to smell. 5. 1. ◦ the taking of personal property is robbery complexed with any of those crimes under Art. If the violence employed by the offender does not cause any of the serious physical injuries defined in Art. When the taking of personal property of a woman is an independent act following defendant’s failure to consummate the rape. or • (4) any of the serious physical injuries penalized in paragraphs 1 & 2 of Art. unless it be shown that he attempted to prevent the crime. in an Uninhabited Place and by a band Robbery with violence against or intimidation or persons is qualified when it is committed: 1. or 5. highway. 263. Pursuant to Art 295. the circumstance of a band is qualifying only in robbery under par 3. murder. 4 &5 of Art 294. and the intimidation is made with the use of firearms. Band is only ordinary aggravating circumstance in robbery w/ homicide People V. or 2. or 4. parricide. MILLIAN (2000) 1. road. Conspiracy is presumed robbery is by band. 2. In order that special aggravating circumstance of unlicensed firearm be appreciated it is condition sine qua non that offense charged be robbery by a band under Art 295. or alley.X. Apduhan 1. Robbery with Physical Injuries. When taking of victims gun ws to prevent the victim from retaliating crimes are theft and homicide not robbery w/homicide CRIMINAL LAW II Article 296. When at least 4 armed malefactors take part in the commission of a robbery. or robbery with rape. whether robbery is attempted or frustrated. shall be punished as principal of any of the assaults committed by the band. committed by a band ATTEMPTED AND FRUSTRATED ROBBERY WITH HOMICIDE (297) “Homicide” includes multiple homicides. By entering the passengers’ compartments in a train. or robbery with serious physical injuries under par. By attacking a moving train. it is deemed committed by a band. In an uninhabited place. 3. WITH PHYSICAL INJURIES. CRIMES AGAINST PROPERTY in Art 299 so the complex crime should be imputed for the higher penalty to be imposed without sacrificing the principle that robbery w/ violence against persons is more severe than that w/ force upon things PEOPLEV. The penalty is the same. So special aggravating circumstance of unlicensed firearm is inapplicable to robbery w/ homicide robbery with rape. 294. 2. 295 does not apply to robbery with homicide. street car. On a street. 296) Article 295. IN AN UNINHABITED PLACE AND BY A BAND (295. It cannot be offset by mitigating circumstance. 3. without prejudice to the criminal liability for illegal possession of such firearms. highway. a generic The intimidation with the use of firearm qualifies only robbery on a street. motor vehicle. or even infanticide. Any member of a band who was present at the commission of a robbery by the band. Definition of a Band and Penalty Incurred by the Members Thereof Outline of Art. When any of the arms used in the commission of robbery is not licensed. road. the penalty upon all the malefactors shall be the maximum of the corresponding penalty provided by law. Thus Art. when There is no crime as “robbery with homicide in band”. or in any manner taking the passengers thereof by surprise in the respective conveyances. the offender shall be punished by the maximum periods of the proper penalties in Art. or airship. or 3. B. or alley. By a band. or robbery with physical injuries. 1 of Art. 296: 1. 100% UP LAW UP BAROPS 2008 Page 95 of 155 . and the culprit. 2. roof. or (b) public building. or vessel constituting the dwelling of one or more persons even though the inhabitants thereof are temporarily absent therefrom when the robbery is committed. EXECUTION OF DEEDS THROUGH VIOLENCE OR INTIMIDATION Elements: 1. 2008 Page 96 of 155 applicable if the When the offended party is under obligation to sign. That the offender has intent to defraud another 2. private or There must be evidence that accused entered the dwelling house or building by any of the means enumerated in subdivision (a). he broke a wardrobe. A. That the offender entered (a) an inhabited house. or d) By using any fictitious name or pretending the exercise of public authority. b) By breaking any wall. CRIMES AGAINST PROPERTY CRIMINAL LAW II C. IN AN UNINHABITED PLACE AND BY A BAND (300. That the offender compels him to sign. ship. 301) Robbery with homicide and attempted or frustrated robbery with homicide are special complex crimes. Any of the four means described in subdivision (a) must be resorted to enter a house or building. chest. respectively. but by the special provisions of Arts. BY FORCE UPON THINGS Robbery by the use of force upon things is committed only when either: (1) Offender entered a house or building by any of the means specified in Art. Art. 298 applies to commercial document. ROBBERY IN AN INHABITED HOUSE OR PUBLIC BUILDING OR EDIFICE DEVOTED TO WORSHIP Elements of robbery with force upon things under SUBDIVISION (A): 1. picklocks or similar tools. There is only one crime of attempted robbery with homicide even if slight physical injuries were inflicted on other persons on the occasion or by reason of the robbery. 294 & 297. execute. closed and locked the door from the outside and left. If the violence resulted in the death of the person to be defrauded. 302. C. or he took it away to be broken or forced open outside. 3. it is no robbery but coercion 2. not robbery. 296) 100% UP LAW UP BAROPS . or (c) edifice devoted to religious worship. c) By using false keys. not knowing that the culprit was inside. That once inside the building. or (2) Even if there was no entrance by any of those means. it is only theft. 298 is not document is void. Illustration: If the culprit had entered the house through an open door.X. 1. “Public building”: every building owned by the Government or belonging to a private person but used or rented by the Government. or any other kind of locked or closed or sealed furniture or receptacle in the house or building. IN AN INHABITED PLACE OR EDIFICE FOR WORSHIP (299. not governed by Art. after taking personal property in the house. execute or deliver the document under the law. EXECUTION OF DEEDS THROUGH VIOLENCE OR INTIMIDATION (298) ARTICLE 298. 301) B. the offender took personal property belonging to another with intent to gain. “Inhabited house”: any shelter. and the owner. IN AN INHABITED PLACE OR EDIFICE FOR WORSHIP (299. not to get out otherwise it is only theft. or deliver any public instrument or document 3. went out through the window. there must be the intent to take personal property. That the entrance was effected by any of the following means: an opening not a) Through intended for entrance or egress. In entering the building. That the compulsion is by means of violence or intimidation. ARTICLE 299. 299 or Art. Art. or floor or breaking any door or window. although temporarily unoccupied by the same. 48. crime is robbery with homicide and shall be penalized under Art 294 par. X. CRIMES AGAINST PROPERTY CRIMINAL LAW II building where it is kept or taken from to be broken outside. The penalty depends on the value of property taken and on whether or not offender carries arm. Arm carried must not be used to intimidate. Even those without are liable to the same penalty. The provision punishes more severely the robbery in a house used as a dwelling than that committed in an uninhabited place, because of the possibility place, because of the possibility that the inhabitants in the former might suffer bodily harm during the commission of the robbery. ARTICLE 301. WHAT IS AN UNINHABITED HOUSE, PUBLIC BUILDING DEDICATED TO RELIGIOUS WORSHIP AND THEIR DEPENDENCIES The place is still inhabited even if the occupant was absent. “Dependencies”: all interior courts, corrals, warehouses, granaries or inclosed places contiguous to the building or edifice, having an interior entrance connected therewith, and which form part of the whole (Art. 301, par. 2). The whole body of the culprit must be inside the building to constitute entering. “Breaking”: means entering the building. The force used in this means must be actual, as distinguished from that in the other means which is only constructive force. “False keys”: genuine keys stolen from the owner or any keys other than those intended for use in the lock forcibly opened by the offender. o The genuine key must be stolen, not taken by force or with intimidation, from the owner. If false key is used to open wardrobe or locked receptacle or drawer or inside door it is only theft Elements of robbery with force upon things under SUBDIVISION (B) of Art. 299: 1. That the offender is inside a dwelling house, public building, or edifice devoted to religious worship, regardless of the circumstances under which he entered it. 2. That the offender takes personal property belonging to another, with intent to gain, under any of the following circumstances. a) By the breaking of doors, wardrobes, chests, or any other kind of locked or sealed furniture or receptacle; or b) By taking such furniture or objects away to be broken or forced open outside the place of the robbery. Requisites: 1. Must be contiguous to the building; 2. Must have an interior entrance connected therewith; 3. Must form part of the whole. Entrance into the building by any of the means mentioned in subdivision (a) is not required in robbery under subdivision (b) The term “door” in par. 1, subdivision (b) of Art. 299, refers only to “doors, lids or opening sheets” of furniture or other portable receptacles—not to inside doors of house or building. Breaking the keyhole of the door of a wardrobe, which is locked, is breaking a locked furniture. It is theft, if the locked or sealed receptacle is not forced open in the 100% UP LAW UP Orchards and lands used for cultivation or production are not included in the term “dependencies” (Art. 301, par. 3). A. IN AN UNINHABITED PLACE AND BY A BAND (300, 296) ARTICLE 300. ROBBERY IN AN UNINHABITED PLACE AND BY A BAND Robbery in an inhabited house, public building or edifice to religious worship is qualified when committed by a band and located in an uninhabited place. To qualify Robbery w/ force upon things (Art 299) 2008 To qualify Robbery with violence against or intimidation Page 97 of 155 BAROPS X. CRIMES AGAINST PROPERTY It must be committed in uninhabited place AND by a band (Art 300) It must be committed in an uninhabited place OR by a band (Art. 295) CRIMINAL LAW II furniture or receptacle, or removal thereof to be broken open elsewhere. Breaking padlock is use of force upon things. Use of fictitious name or pretending the exercise of public authorities is not covered under this article. The receptacle must be “closed” or “sealed”. Penalty is based only on value of property taken. ROBBERY IN A STORE Punishable under Punishable under Art 299 Art 302 1. If the store is 1. If the store was actually used as a dwelling not at the of one or more occupied persons, the time of the robbery robbery committed and was not used a dwelling, therein would be as considered as since the owner committed in an lived in a separate inhabited house house, the robbery (People v Suarez) committed therein (People v 2. If the store is Silvestre) located on the ground floor of the house belonging to the owner, having an interior entrance connected therewith, it is a dependency of an inhabited house and the robbery committed therein(US v Tapan). 3. CEREALS, FRUITS OR FIREWOOD IN AN INHABITED PLACE OR PRIVATE BUILDING (303) The penalty is one degree lower The palay must be kept by the owner as “seedling” or taken for that purpose by the robbers. ARTICLE 304. POSSESSION OF PICKLOCK OR SIMILAR TOOLS Elements 1. Offender has in his possession picklocks or similar tools; 2. Such picklock or similar tools are especially adopted to the commission of robbery; 3. Offender does not have lawful cause for such possession. Art. 296. Definition of a band and penalty incurred by the members thereof. — When more than three armed malefactors take part in the commission of a robbery, it shall be deemed to have been committed by a band. When any of the arms used in the commission of the offense be an unlicensed firearm, the penalty to be imposed upon all the malefactors shall be the maximum of the corresponding penalty provided by law, without prejudice of the criminal liability for illegal possession of such unlicensed firearms. Any member of a band who is present at the commission of a robbery by the band, shall be punished as principal of any of the assaults committed by the band, unless it be shown that he attempted to prevent the same. IN AN (302) INHABITED PLACE OR PRIVATE BUILDING Elements: 1. That the offender entered an uninhabited place or a building which was not a dwelling house, not a public building, or not an edifice devoted to religious worship. 2. That any of the following circumstances was present: entrance was effected a) The through an opening not intended for entrance or egress; b) A wall, roof, floor, or outside door or window was broken c) The entrance was effected through the use of false keys, picklocks or other similar tools; d) A door, wardrobe, chest, or any sealed or closed furniture or receptacle was broken; or e) A closed or sealed receptacle was removed, even if the same be broken open elsewhere. 3. That with intent to gain, the offender took therefrom personal property belonging to another. “Building”: includes any kind of structure used for storage or safekeeping of personal property, such as (a) freight car ad (b) warehouse. Entrance through an opening not intended for entrance or egress is not necessary, if there is breaking of wardrobe, chest, or sealed or closed 100% UP LAW UP Article 305 defines false keys to include the following: 1. Tools mentioned in Article 304; 2008 Page 98 of 155 BAROPS X. CRIMES AGAINST PROPERTY 2. Genuine keys stolen from the owner; 3. Any key other than those intended by the owner for use in the lock forcibly opened by the offender. extortion or to obtain ransom, or (3) for any other purpose to be attained by means of force and violence Mere formation of a band for any of the purposes mentioned in the law is punished >no need to show that the band actually committed robbery CRIMINAL LAW II to commit only a particular robbery it is robbery in band. B. Brigandage (306-307) ARTICLE 306. WHO ARE BRIGANDS ARTICLE BRIGANDS 306. WHO ARE Necessary to prove that robbery actually committed as mere conspiracy to commit robbery is not punishable. Elements of Brigandage 1. There be at least 4 armed persons 2. They formed a band of robbers 3. The purpose is any of the following: a) To commit robbery in the highway; or b) To kidnap persons for the purpose of extortion or to obtain ransom; or c) To attain by means of force and violence any other purpose. ARTICLE 307. AIDING AND ABETTING A BAND OF BRIGANDS Elements: 1. That there is a band of brigands 2. That the offender knows the band to be of brigands 3. That the offender does any of the following acts: a) He in any manner aids, abets or protects such band of brigands; or b) He gives them information of the movements of the police or other peace officers of the Government; or c) He acquires or receives the property taken by such brigands. Presumption of law as to brigandage: all are presumed highway robbers or brigands, if any of them carries unlicensed firearm. The arms carried may be any deadly weapon. The main object of the law is to prevent the formation of band of robbers. The term streets. “highway” includes city It is presumed that the person performing any of the acts provided in this article has performed them knowingly, unless the contrary is proven. Any person who aids or protects highway robbers or abets the commission of highway robbery or brigandage shall be considered as an accomplice. The following must be proved: 1. That there is an organization of more than 3 armed persons forming a band of robbers 2. That the purpose of the band is any of those enumerated in Art. 306. 3. That they went upon the highway or roamed upon the country for that purpose. 4. That the accused is a member of such band. PD 532 ANTI-PIRACY AND ANTIHIGHWAY ROBBERY Highway robbery/Brigandage: seizure of any person for ransom, extortion or other unlawful purposes, or by taking away property of another, by means of violence against or intimidation of persons or force upon things or other unlawful means, committed by any person any Philippine highway (PD 532; People v. Agomo-o 2000) Brigandage Robbery in Band Both require that the offenders form a band of robbers. PURPOSE: Any of the PURPOSE: To ff: (1) to commit commit robbery, not robbery in the necessarily in the highway, or (2) to highway. kidnap persons for If more than 3 the purpose of armed men agreed 100% UP LAW UP BAROPS 2008 Page 99 of 155 cereals. bridges or other parts thereof. The offender has either complete control of the property (consummated) or without (attempted) There is “taking” even if the offender received the thing from the offended party. CRIMES AGAINST PROPERTY Philippine Highway: any road. 4) That the taking be done without the consent of the owner. Elements of Theft: 1) That the there be taking of personal property said property belongs to 2) That another 3) That the taking be done with intent to gain. street. (c) hunt or fish upon the same or gather fruits. or other forest or farm products. Those who. or railway or railroad within the Philippines used by persons. or locomotives r trains for the movement or circulation of persons or transportation of goods. 311) and Qualified Theft (310) Theft: committed by any person who. Those who. Mendoza. Those who. 4. 100% UP LAW UP BAROPS 2008 Page 100 of 155 . (a) enter an inclosed estate or field where (b) trespass is forbidden or which belongs to another and. If juridical possession of thing was transferred as opposed to physical possession and thing was appropriated the crime is ESTAFA not theft Selling share of a partner or co-owner is not theft. articles or property or both Number of perpetrators is no longer an essential element of crime of brigandage as per PD 532 (People v. shall take personal property of another without the latter’s consent. WHO ARE LIABLE FOR Persons liable for theft: 1. (c) take. 5) That the taking be accomplished without the use of violence against or intimidation of persons or force upon things. with intent to gain but without violence against or intimidation of persons nor force upon things. Valenzuela v. People (June 2007) There is no frustrated theft because of the definition of theft in Art 308. or vehicles. (f) without the latter’s consent. (b) remove or make use of the fruits or object of the damage caused by them. (b) fail to deliver the same to the local authorities or to its owner. CRIMINAL LAW II ARTICLE THEFT 308. without the consent of its owner. passage. Those who. Actual or real gain is not necessary in theft. (a) with intent to gain. (b)but without violence against or intimidation of persons nor force upon things. Employee is not the owner of separation pay which is not actually delivered to him. (d) personal property. 309. Theft (308. PD 532 Crime must be committed 1 malefactor will suffice No preconceived target Proof of robberies required prior Brigandage in RPC Mere formation of band is punishable At least 4 malefactors Pre-conceived victim Proof of robberies required prior not 3. (a) after having maliciously damaged the property of another.X. (a) having found lost property. Comprehensive Reviewer in Criminal Law) 2. highway. The theft was consummated & taking complete when the culprits were able to place the thing taken under his control and in such a situation as he could dispose of it at once. Boado. (e) of another. Violence used in killing Dr. ARTICLE 309. etc. When the purpose of taking the car is to destroy by burning it. There’s no need to prove grave abuse of discretion. the crime would be infidelity in the custody of documents. volcanic eruption. vehicular accident or civil disturbance. QUALIFIED THEFT Theft is qualified if: 1) The theft is committed by a domestic servant 2) The theft is committed with grave abuse of confidence 3) The property stolen is (a) motor vehicle. or 100% UP LAW UP BAROPS The penalty for qualified theft is 2 degrees higher. 2.00. If there is no evidence of the value of the property stolen. the crime is arson.1 (b) mail matter.The property is taken on the occasion of fire. product or article by employees and laborers is heavily punished under PD 133. Theft of any material. PENALTIES The basis of the penalty in theft is (1) the value of the thing stolen. cereals or other forest or farm products in the estate or field. fishing or gathering fruits. It is not robbery when violence is for a reason entirely foreign to the fact of taking. “Motor vehicle”: all vehicles propelled by power. The law does not require knowledge of the owner of the property. “Lost property”: embraces loss by stealing or by act of he owner or by a person other than the owner. Gulinao shot Dr. Theft by domestic servant is always qualified. There must be allegation in the information and proof of a relation. The crime was Theft and not robbery as the taking of the ring was just an afterthought. typhoon. Chua & left. If it was the postmaster. spare part. It is necessary to prove the following in order to establish theft by failure to deliver or return lost property: 1) The time of the seizure of the thing 2) That it was a lost property belonging to another. Chua’s diamond ring. or any other calamity. by reason of dependence.. Chua had no bearing on the taking of the ring. the court should impose the minimum penalty corresponding to theft involving the value of P5. One in possession of part of recently stolen property is presumed to be thief of all. People v. ARTICLE 310. refrained from doing so. other than muscular power.X. or (c) large cattle 4) The property stolen consists of coconuts taken from the premises of a plantation 5) The property stolen is fish taken from a fishpond or fishery 6) 6. to whom the letter was delivered. The court may also take judicial notice of its value in the proper cases. Elements of hunting. earthquake. between the accused and the offended party. which the accused abused. If a private individual took a letter containing postal money order it is qualified theft. Gulinao 1. CRIMINAL LAW II (2) the value and nature of the property taken. and 4) That the hunting or fishing or gathering of products is without the consent of the owner. that has created a high degree of confidence between them. The abuse of confidence must be grave. or (3) the circumstances that impelled the culprit to commit the crime. RA 6539 ANTI-CARNAPPING 2008 Page 101 of 155 . Then he went back & took Dr. and 3) That the accused having had the opportunity to return or deliver the lost property to its owner or to the local authorities. in enclosed estate: 1) That there is an enclosed estate or a field where trespass is forbidden or which belongs to another 2) That the offender enters the same 3) That the offender hunts or fishes upon the same or gathers fruits. guardianship or vigilance. or through some casual occurrence. CRIMES AGAINST PROPERTY The consent contemplated in the element of theft refers to consent freely given and not mere lack of opposition by owner of the property taken. or buys and sells. which has been derived from the proceeds of the said crime. keeps. buys. The accused knows or should have known that the said article. who is not a principal or accomplice in the commission of the crime of robbery or theft. 4. It includes killing of large cattle. to have been derived from the proceeds of the crime of robbery or theft. item. the penalty for qualified theft shall be imposed. other domesticated member of bovine family. or should be known to 100% UP LAW UP BAROPS 2008 CRIMINAL LAW II him. without the consent of theowner/raiser. A goat is not included because it is not large (Boado. receives. 1981) Motor Vehicle: any vehicle which ismotoried using the streets which arepublic. People. conceals. or anything of value which has been the subject of robbery or thievery shall be prima facie evidence of fencing. object. taking itsmeat or hide without the consent of owner/raiser. Comprehensive Reviewer in Criminal Law) PD 533 ANTI-CATTLE RUSTLING LAW Cattle rustling: taking away by means. item. 2. CRIMES AGAINST PROPERTY Carnapping: taking. with intent to gain. object. intent to gain for himself or another. The accused. object. There is.X. carabao. ass. item. or by force upon things (Izon v. possesses. Large cattle: include cow. or anything of value. keep. ARTICLE 311. or whether committed with or without violence against or intimidation of person or force upon things. or in any manner deals in any article.methors or schemes. mule. Comprehensive Reviewer in Criminal Law) PD 704 ILLEGAL FISHING Prima facie presumption of illegal fishing when: 1) Explosive. obnoxious or poisonous substance or equipment or device for electric fishing are found in the fishing boat or in the possession of fisherman. of motor vehicle belonging to another without the latter’s consent or by means of violence against or intimidation of persons. with intent to gain for himself or for another. But if it was with grave abuse of confidence. Usurpation (312. shall buy.not exclusivelyfor private use (Boado. Failure to do so is prima facie evidence that large cattle in possession are fruits of crime of cattle rustling Killing of owner is absorbed in cattle rustling (Boado. of any large cattle whether or not for profit. sell. sells or disposes. receive. or anything of value which he knows. Comprehensive Reviewer in Criminal Law) Presumption: Every person in possession of large cattle shall upon demand by competent authorities exhibit required documents. or 2) When fish caught with the use of explosives. acquire. THEFT OF THE PROPERTY OF THE NATIONAL LIBRARY AND NATIONAL MUSEUM Theft of property of the National Museum and National Library has a fixed penalty regardless of its value. 3. acquires. conceal. horse. or dispose of. Mere possession of any good. Robbery/theft and fencing are separate and distinct offenses. object or anything of value has been derived from the proceeds of the crime of robbery or theft. or shall buy an d sell or in any other manner deal in any article. The crime of robbery or theft has been committed. 313) Page 102 of 155 . on the part of the accused. item. Elements: 1. article. obnoxious or poisonous substances or by electricity are found in a fishing boat PD 1612: ANTI-FENCING LAW Fencing: the act of any person who. That the offender is a debtor. 312 does not apply to a case of open defiance of the writ of execution issued in the forcible entry case. OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL RIGHTS IN PROPERTY Acts punishable under Art. Art. That he absconds with his property 3. 2. Usurping any real rights in property belonging to another by means of violence against or intimidation of persons. ARTICLE 313. provinces. conviction will not lie. is required. Criminal action for usurpation of real property is not a bar to civil action for forcible entry. destruction of stone monument b. Actual prejudice. d) That there is intent to gain. not intention alone. That the offender alters said boundary marks.X. 313 does not require intent to gain. Art. That there be prejudice to his creditors If no violence or intimidation only civil liability exists. that is. Art 314 No need to have defendant adjudged bankrupt or insolvent must be Insolvency law Crime should be committed after the institution of insolvency proceedings 100% UP LAW UP BAROPS 2008 Page 103 of 155 . Violence or intimidation must be the means used in occupying real property or in usurping real rights. Usurpation Theft/Robbery In both crimes. 314. ALTERING BOUNDARIES OR LANDMARKS Elements: 1. or any other marks intended to designate the boundaries of the same. Elements: the offender takes a) That possession of any real property or usurps any real rights in property b) That the real property or real rights belong to another violence against or c) That intimidation of persons is used by the offender in occupying real property or usurping real rights in property. unless it is shown that itl has actually prejudiced his creditor. “Abscond”: does not require that the debtor should depart and physically conceal his property. Fraudulent concealment of property is not sufficient if the debtor has some property with which to satisfy his obligation. FRAUDULENT INSOLVENCY Elements: 1. Taking possession of any real property belonging to another by means of violence against or intimidation of persons 2. The person prejudiced creditor of the offender. Art. Real property could be the subject matter of Art. or estates. That there be boundary marks or monuments of towns. Even if the debtor disposes of his property. CRIMES AGAINST PROPERTY CRIMINAL LAW II ARTICLE 312. removing a fence Culpable Insolvency (314) ART 314. The word “alter” may include: a. 312: 1. 312 does not apply when the violence or intimidation took place subsequent to the entry into the property. he has obligations due and payable 2. taking it to another place c. there is intent to gain Mode: By Mode: By taking or occupation asportation Real property or Personal property right is taken punishes entering or RA 947 occupying public agricultural land including lands granted to private individuals. or for administration. When the fraud committed consists in the adulteration or mixing of some extraneous substance in an article of food so as to lower its quantity. That the accused defrauded another (a) by abuse of confidence. That damage or prejudice capable of pecuniary estimation is caused to the offended party or third person. 315 par(3)(A-C) 315 par(2)(A-E). With unfaithfulness or abuse of confidence 315 par(1)(A-C) a) Altering substance.1(B)) Elements: AND CONVERSION (315 SUBSTANCE. That damage or prejudice is caused to another Deceit is not an essential element of estafa with abuse of confidence. or under any other obligation involving the duty to make delivery of. That money.1(c)) CRIMINAL LAW II c) BY MEANS OF DECEIT 3.3(c)) d) By postdating a check or issuing a bouncing check (315 par 2(d)) BP 22 By obtaining food. 1. government employee (315 par. goods. concealing or c) By pretending to have bribed any destroying any court record. because it is the basis of the penalty Delivery of anything of value must be “by virtue of an onerous obligation to do so”. influence… or deceit.3(b)) to art or business (315 par 2(b)) c) c) By removing. or other personal property be received by the offender in trust. such misappropriation or 3. quantity or quality of object subject of obligation to deliver (315 par 1(a)) b) Misappropriation and Conversion (315 par. quantity. fineness practice to ensure success in a or weight of anything pertaining gambling game (315 par. or to return. 2. office files. 2008 Page 104 of 155 100% UP LAW UP BAROPS . That there be misappropriation or conversion of such money or property by the offender. That conversion or denial is to the prejudice of another. CRIMES AGAINST PROPERTY SIMPLIFYING the Ways of Committing ESTAFA W/ ABUSE OF CONFIDENCE 1. or denial on his part of such receipt. That there is a demand made by the offended party to the offender The 4th element is not necessary when there is evidence of misappropriation of goods by the defendant. By means of false pretenses or fraudulent acts. QUANTITY OR QUALITY OF OBJECT SUBJECT OF OBLIGATION TO DELIVER (315 1(A)) Elements: 1. document or any 2(c)) other papers (315 par. it may be a violation of the Pure Food Law. or in commission. and 4. the same. That he alters its substance. or (b) by means of deceit. Damage or prejudice must be capable of estimation. 1(A) (B) (C)) ALTERING PAR OF MISAPPROPRIATION PAR. par (315 par 3(a)) 2(a)) b) By resorting to some fraudulent b) By altering the quality. and 2. Through fraudulent means 2. It’s not estafa if the thing delivered is not acceptable to the complainant when there is no agreement as to its quality. BP22 a) Using fictitious name or false a) By inducing another. Estafa may arise even if thing delivered. WITH UNFAITHFULNESS OR ABUSE CONFIDENCE (315 PAR. refreshment or accommodation w/ intent to defraud through nonpayment (315 par 2(e)) e) f) Swindling and other deceits ESTAFA (315) Elements of Estafa in General: 1. through pretenses at power.X. or quality 3. That the offender has an onerous obligation to deliver something of value. 2. to sign any document other similar deceits (315. is not subject of lawful commerce.1(b)) Taking advantage of signature in blank (315 par. such as opium. No estafa under Art. 3. In estafa with abuse of confidence under par. If no obligation to return there is only civil liability. Novation of contract of agency to one of sale. Whenever earnest money is given in a contract of sale. The ownership of the thing sold shall be transferred to the vendee upon actual or constructive delivery thereof. NO ESTAFA WHEN: 100% UP LAW UP BAROPS . The fact that an agent sold the thing received on commission for a lower price than the one fixed. 315. Art. Partners are not liable for estafa of money or property received for the 2008 Page 105 of 155 Art. or (2) on commission. c) Thing received under a contract of sale on credit Payment by students to the school for the value of materials broken is not mere deposit. because his right to commission does not make the agent a co-owner of money collected. When the delivery of a chattel does not transfer juridical possession/title. it shall be considered as part of the price and as proof of the perfection of the contract. By denying that the thing was received. 3rd element of estafa w/ abuseof confidence is that the conversion. 3 Ways Of Committing Estafa With Abuse Of Confidence Under Art. the thing received must be returned if there is an obligation to return it. there is no estafa. or (3) for administration. The obligation to return the thing must be contractual but without transferring to accused ownership of the thing. or to return the same”. 1482. “Conversion”: presupposed that the thing has been devoted to a purpose or use different from that agreed upon. “To the prejudice of another”: not necessarily of the owner of the property. subdivision 1 of Art. or denial by offender resulted in the prejudice of the offended party. By converting the thing received. does not constitute estafa (US v Torres). When ownership is transferred to recipient. CRIMES AGAINST PROPERTY Check is “money”. When the thing received by the offender from the offended party (1) in trust. 2. included in the word CRIMINAL LAW II Money. Otherwise he is guilty of estafa. goods or other personal property must be received by the offender under certain kinds of transaction transferring juridical possession to him. relieves defendant from incipient criminal liability under the first contract. 315 par (b) when there is neither misappropriation nor conversion. By received. b) The money or personal property received by accused is not to be used for a particular purpose or to be returned. Failure to turn over to the bank the proceeds of sale of goods covered by trust receipts is estafa. his failure to return it results in civil liability only. 315 Par. Right of agent to deduct commission from amounts collected: If agent is authorized to retain his commission out of the amounts he collected. it is presumed that the possession/title of the thing remain w/ owner. Applicable Civil Code provisions: a) Transaction sale fails. the offender acquires both physical possession and juridical possession uridical possession”: means a possession which gives the transferee a right over the thing which he may set up even against the owner. includes quasi-contracts and certain contracts of bailment. there is no estafa if the accused refused to return the advance payment. (b). 1477. The phrase “or under any obligation involving the duty to make delivery of.X. The law does not distinguish between temporary and permanent misappropriations. (B): misappropriating the thing 1. or to one of loan. the offender receives the thing under a lawful transaction. Malversation Estafa with abuse of confidence Offenders are entrusted with funds or property Both are continuing offenses Funds or property Usually public are always private funds or property Offender is a Offender who is private individual usually a public or even a public officer is officer who is not accountable for accountable for public funds or public funds or property property Ccmmitted by Committed by misappropriating. But when the money or property had been received by a partner for specific purpose and he misappropriated it. Misappropriation of firearms received by a police: o ESTAFA: if it is not involved in the commission of a crime o MALVERSATION: if it is involved in the commission of a crime. • Exception: When the offender received the thing from the offended party. or causes damage to. instead of doing so. converting or or thru denying having abandonment or received money. (Albert) When the owner does not expect the immediate return of the thing he delivered to the accused. 4. but he is liable if. the act constitutes estafa. • Exception: when partner misappropriates the share of another partner in the profits. Test to distinguish theft from estafa: In theft. not estafa. Offender receives the thing from the victim Failure of partner to account for partnership funds may give rise to civil obligation only. That the document so written creates a liability of. there is estafa. he misappropriates the thing which has become the exclusive property of the other. The gravity of the crime of estfa is based on the amount not returned before the institution of the criminal action. 2. The mere failure to return the thing received for safekeeping or under any other obligation w/ the duty to return the same or deliver the value thereof to the owner could only give rise to a civil action and does not constitute the crime of estafa.1(C)) Elements: OF SIGNATURE IN BLANK (315 1. Presumption arises only when the explanation of the accused is absolutely devoid of merit. because the offender obtains the thing wrongfully from the start. the offended party or any third person. 100% UP LAW UP BAROPS 2008 Page 106 of 155 . because failure to account upon demand is circumstantial evidence of misappropriation. misappropriated it to the prejudice of the owner. There is no estafa through negligence. Estafa with abuse of confidence If acquired juridical possession of thing misappropriated Theft If acquired physical possession only of thing misappropriated Offender takes the thing CRIMINAL LAW II misappropriation of the same is estafa. Sale of thing received to be pledged for owner is theft. 3. A co-owner is not liable for estafa. That above the signature of the offended party a document is written by the offender without authority to do so. That the offended party should have delivered it to the offender. negligence. Under the 4th element of estafa with abuse of confidence demand may be required. letting other personal other person to property take the public funds or property When in prosecution for malversation the public officer is acquitted. the owner expects an immediate return of the thing to him. but it may be necessary. In estafa by means of deceit. with the obligation to delver it to a third person and. the crime committed is qualified theft. demand is not needed. Demand is not required by law. misappropriating. after the termination of the co-ownership. CRIMES AGAINST PROPERTY partnership when the business commenced and profits accrued. That the paper with the signature of the offended party be in blank. the private individual in conspiracy w/ him may be held liable for estafa. upon the delivery of the thing to the offender.X. when the intent to appropriate existed at the time it was received. the TAKING ADVANTAGE PAR. In estafa with abuse of confidence. the it is theft. (c) qualifications. at least simultaneously with. In false pretenses the deceit consists in the use of deceitful words. 3. Without such proof. It is essential that such false statement or fraudulent representation • constitutes the cause or only motive which induced the complainant to part with the thing.X. Acts must be founded on. or fraudulent means. 315 par. 2. USING FICTITIOUS NAME OR FALSE PRETENSES AT POWER. fraudulent act or fraudulent means must be made or executed prior to or simultaneously with the commission of the fraud. That such false pretense. trick. • the delivery of the thing by the complainant. (e) credit. (d) property. PAR 2(A)) Ways of committing the offense: 1. That there must be a false pretense. or cheat. • If there be no such prior or simultaneous false statement or fraudulent representation. • any subsequent act of the accused. 4. (b) influence. Estafa through false pretense made in writing is only a simple crime of estafa. 2. BY ALTERING THE QUALITY. fraudulent act. That the offended party must have relied on the false pretense. (f) agency. CRIMES AGAINST PROPERTY • ESTAFA BY MEANS OF FRAUDULENT ACTS (315 PAR. not estafa. ◦ cannot serve as a basis for prosecution for the class of estafa. deceit. 2(a). A creditor who deceived his debtor is liable for estafa. however fraudulent and suspicious it may appear. The offender must be able to obtain something from the offended party because of the fraudulent acts. or fraudulent means. In estafa by means of deceit under Art. By falsely pretending to possess: (a) power. not a complex crime of estafa through falsification. he was induced to part with his money or property because of the false pretense. criminal intent to deceive cannot be inferred. That as a result thereof. 315 2(a). BP22): CRIMINAL LAW II be made prior to. fraudulent act or fraudulent means. 100% UP LAW UP BAROPS 2008 Page 107 of 155 . By means of other similar deceits. 3. (g)business or imaginary transactions. INFLUENCE… OR OTHER SIMILAR DECEITS (315. the offended party suffered damage. fraudulent act. it is indispensable that the false statement or fraudulent representation of the accused. or. in fraudulent acts the deceit consists principally in deceitful acts. Manipulation of scale is punished under the Revised Administrative Code THROUGH FALSE PRETENSES ACTS (315 PAR 2(A) TO (E)) OR FRAUDULENT Elements of estafa by means of deceit: 1. 2(A) (B) (C)(D) (E) . Where commission salesman took back the machines from prospective customers and misappropriated them. there must be evidence that the pretense of the accused is false. By using fictitious name. FINENESS OR WEIGHT OF ANYTHING PERTAINING TO ART OR BUSINESS (315 PAR 2(B)) BY PRETENDING TO HAVE BRIBED ANY GOVERNMENT EMPLOYEE (315 PAR. The acts must be fraudulent. Fraud must be proved with clear and positive evidence. For estafa under Art. 2(C)) Person would ask money from another for the alleged purpose of bribing a government employee but just pocketed the money. that is. The fraudulent acts must be performed prior to or simultaneously with the commission of the fraud. ANTI-BOUNCING CHECKS LAW (BP22) BY POSTDATING A CHECK OR ISSUING A BOUNCING CHECK (315 PAR 2(D)) Elements: 1. One who got hold of a check issued by another. That the person who makes or draws and issues the check knows at the time of issue that he does not have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment. ordered the bank to stop payment. 12-2000 This circular establishes a rule of preference in the application of the penal provision of BP 22. The check must be postdated or for an obligation contracted at the time of the issuance and delivery of the check and not for pre-existing obligation. Elements of the offense defined in the 2nd paragraph of Sec. That the check is dishonored by the drawee bank. 315.X. not the penalty provided for in Art. the penalty prescribed in PD 818. is guilty of estafa (People v. 2: 1. and not falsified. Exception: • When postdated checks are issued and intended by the parties only as promissory notes • When the check is issued by a guarantor The accused must be able to obtain something from the offended party by means of the check he issues and delivers. 4. 100% UP LAW UP BAROPS . 81 SCRA 95). That the offender postdated a check. is sufficient to make him liable for estafa. or his funds deposited therein were not sufficient to cover the amount of the check. Rule of Preference in imposing penalties in BP 22: Administrative Circular No. knowing that the drawer had no sufficient funds in the bank. 2. That he fails to keep sufficient funds or to maintain a credit to cover the full amount of the check if presented within a period of 90 days from the date appearing thereon. 3. That a person makes or draws and issued any check 2. 3. The determination of whether the circumstances warrant the imposition of fine alone rests solely upon the judge. should be imposed when the estafa committed is covered by par 2(d) of Art. or would have been dishonored for the same reason had not the drawer. (People v Villaraza. • • The gravamen of BP 22 is the issuance of a check. CRIMES AGAINST PROPERTY CRIMINAL LAW II PD 818 applies only to estafa under par 2(d) of Art. 315. That the check is made or drawn and issued to apply on account or for value. The mere fact that the drawer had insufficient or no funds in the bank to cover the check at the time he postdated or issued a check. and does not apply to other forms of estafa. That such postdating or issuing a check was done when the offender had no funds in the bank. 315. Hence. RA 4885 deleted the phrase “the offender knowing at the time he had no funds in the bank” • the failure of the drawer to deposit the amount needed to cover his check within 3 days from receipt of notice of dishonor of check for lack or insufficiency of funds shall be prima facie evidence of deceit constituting false pretense or fraudulent act. and used the same in the purchase of goods. BP 22 may be violated in 2 ways: Elements of the offense defined in the 1st paragraph of Sec. without any valid reason. 1: 1. 2. Isleta). or issued a check in payment of an obligation. Estafa by issuing a bad check is a continuing crime. That a person has sufficient funds in or credit with the drawee bank when he makes or draws and issues a check. The check must be genuine. Should the judge decide that 2008 Page 108 of 155 Good faith is a defense in a charge of estafa by postdating or issuing a check. That the check is subsequently dishonored by the drawee bank for insufficiency of funds or credit. TO SIGN ANY DOCUMENT (315 PAR 3(A)) Elements: 1. That the offender induced the offended party to sign a document. 2. 2. refreshment or accommodation therein. The maker’s knowledge of the insufficiency of funds is legally presumed from the dishonor of his check. or makes arrangements for payments in full by the drawee of such check within 5 banking days after receiving notice that such check has not been paid by the drawee. Not be necessary to prove: 1) the making or issuance of the check by the drawer. In all prosecutions under BP 22. without paying therefor. if such be the fact. Offender must induce the offended party to sign the document. BP 22 deceit damage immaterial RPC requires deceit and damage and are BY OBTAINING ANY FOOD. lodging house or apartment house without paying therefor. 2) the due presentment of the check to the drawee for payment and the dishonor thereof. 122000 ought not to be deemed a hindrance. CRIMES AGAINST PROPERTY imprisonment is the more appropriate penalty. or attached by the drawee on such dishonored check. Issuing a bum check may be punished under the RPC or BP 22. boarding house. refreshment or accommodation at a hotel. 3) that the same was properly dishonored for the reason written. THROUGH OTHER FRAUDULENT MEANS (315 PAR 3(A) (B) (C)) BY INDUCING ANOTHER. The due presentment to the drawee for payment and the dishonor thereof. the introduction in evidence of any unpaid and dishonored check with the drawee’s refusal to pay stamped or written thereon. or attached thereto. The prosecution has to present in evidence only the unpaid and dishonored check with the drawee’s 100% UP LAW UP BAROPS CRIMINAL LAW II refusal to pay stamped or written thereon. Exceptions: a) When the check is presented after 90 days from the date of the check. stamped. b. The fact that the same was properly dishonored for the reason written. THROUGH DECEIT. Administrative Circular No. printed or stamped or attached thereto.X. That the offended party personally signed the document. If the drawee bank received an order to stop payment from the drawer. That deceit be employed to make him sign the document. stamped or attached by the drawee on the dishonored check. restaurant. inn. because the contents are different from those which the offended told the accused 2008 Page 109 of 155 . the reason for dishonor or refusal to pay. 3. or abandoning or surreptitiously 3. 4. Who refuses to pay the check to the holder to cause to be written. By obtaining credit ay any of said establishments by the use of any false pretense. Where there are no sufficient funds the bank shall explicitly state that fact in the notice of dishonor or refusal. By removing any part of his baggage from any of said establishments after obtaining credit. the former shall state in the notice that there were no sufficient funds in or credit with it for the payment in full of the check. food. shall be prima facie evidence of: a. and c. If offended party is willing from the start to sign the document. That prejudice be caused. 2. b) When the maker or drawer pays the holder thereof the amount due thereon. or attached thereto. 3 requires the drawee: 1. Sec. The maiking or issuance of the check. with intent to defraud the proprietor or manager thereof. REFRESHMENT TO OR ACCOMMODATION WITH INTENT DEFRAUD THROUGH NONPAYMENT (315 PAR 2(E)) 3 ways of committing the offense: 1. Prima facie evidence does not arise where notice of non-payment is not sent to the maker of check. By obtaining food. or both. concealed or destroyed any of them. If it’s chattel. There must be existing real property. abuse of The thing disposed of must be real property. That the act of disposing of the real property be made to the damage of another. That representation by the offender that the real property is free from encumbrance. the destruction of court record is malicious mischief. OTHER FORMS OF DECEITS (316-318) SWINDLING AND Elements: 1. Disturbance in property right. Since the penalty is based on the “value of the damage” there must be actual damage caused. The element of damage or prejudice capable of pecuniary estimation may consist in: 1. That the act be made to prejudice of the owner or a third person. Elements: 1. That the offender removed. Even if the deceit is practiced against the second purchaser but damage is incurred by the first purchaser. is not guilty of estafa but only falsification of a public document. Accused cannot be convicted of estafa with abuse of confidence if charged w/ estafa by means of deceit. 2. ALTHOUGH SUCH ENCUMBRANCE BE NOT RECORDED Payment subsequent to the commission of estafa does not extinguish criminal liability or reduce the penalty. There is only civil liability. but paid loan within the period agreed upon. or 3. That the offender had intent to defraud another. That the offender who is not the owner of said property should represent that he is the owner thereof. When the loan had already been granted when defendant offered the 100% UP LAW UP BAROPS 2008 Page 110 of 155 .X.3(B)) CRIMINAL LAW II ARTICLE 316. BY RESORTING TO SOME FRAUDULENT PRACTICE TO ENSURE SUCCESS IN A GAMBLING GAME (315 PAR. CONCEALING OR DESTROYING ANY COURT RECORD. office files. The crime of estafa is not obliterated by acceptance of promissory note. 3. SELLING. such as a parcel of land or a building. “Encumbrance”: includes every right or interest in the land which exists in favor of third persons. The offended party being deprived of his money or property. If there is no malicious intent to defraud. the crime is falsification.1 of Art. ANY REAL PROPERTY. as result of the defraudation. 2.3(C)) Elements: 1. Temporary prejudice PARAGRAPH 2. ENCUMBERING. A private person who procures a loan by means of deceit through a falsified public document of mortgage. even if there is damage. it’s not estafa. DOCUMENT OR ANY OTHER PAPERS (315 PAR. there is violation of par. That the thing be immovable. OTHER FORMS OF SWINDLING PAR 1. 2. documents or any other papers. That the offender knew that the real property was encumbered. encumbering or mortgaging the real property). BY OR CONVEYING. That executed an act of ownership (selling. 4. The offended party would not have granted the loan had he known that the property was already encumbered. OFFICE FILES. CRIMES AGAINST PROPERTY to state in the document. the offender should have 3. 316. MORTGAGING PRETENDING TO BE THE OWNER OF THE SAME BY REMOVING. there must be express 3. That the thing disposed of be real property. That there be court record. If there is neither deceit nor abuse of confidence. 2. BY DISPOSING OF REAL PROPERTY AS FREE FROM ENCUMBRANCE. 4. crime is Estafa. whether the encumbrance is recorded or not. Elements of deceit and confidence may co-exist. There must be damage caused. It is not necessary that act prejudice the owner of the land. There must be damage caused under Art. Illustration: A person who simulates a conveyance of his property to another. 3. 4. 315 subdivision 1(b) is applicable. 316 par. 100% UP LAW UP BAROPS 2008 Page 111 of 155 . Art. 316 is the basis of the ruling that silence as to such encumbrance does not involve a crime. REAL THE AS ENCUMBERING GUARANTEED HIS PROPERTY OR PROPERTIES WITH WHICH OFFENDER OF FULFILLMENT SURETY OBLIGATION Offender must wrongfully take the personal property from the lawful possessor. That the offender is a surety in a bond given in a criminal or civil action. 2. Usurious loan with equitable mortgage is not an encumbrance on the property. OR BY SELLING. That he sells. PARAGRAPH 3. If the money in payment of a debt was delivered to a wrong person. there is no crime. mortgage. If the thing is taken by means of violence. Art. 316. the crime is theft (US v Albao). If the conveyance is real and not simulated. or (c) before being relieved from the obligation contracted by him. 3. If 3rd element not established.X. That such sale. That fulfillment of such obligation with his real property or properties. BY OWNER OF HIS LAWFUL POSSESSOR CRIMINAL LAW II PARAGRAPH 5. Accepting a compensation given to accused for service not rendered 2. The omitted phrase “as free from encumbrance” in par 2 of Art. he guaranteed the 2. the crime is robbery (US v Albao) PARAGRAPH 4. That the offender wrongfully takes it from its lawful possessor. 2 is not applicable. 4. but grave coercion. If the owner took the personal property from its lawful possessor without the latter’s knowledge and later charged him with the value of the property. mortgages. in any other manner encumbers said real property. PARAGRAPH MORTGAGING THE 6. or. CRIMES AGAINST PROPERTY property as security for the loan. BY EXECUTING ANY FICTITIOUS CONTRACT TO THE PREJUDICE OF ANOTHER Elements: 1. or (b)made before the cancellation of his bond. That the offender is the owner of personal property. That prejudice is thereby caused to the lawful possessor or third person. in case the person who received it later refused or failed to return it to the owner of the money. it is not estafa. the crime is fraudulent insolvency. That said property is in the lawful possession of another. without intent to gain. WRONGFULLY TAKING BY THE PROPERTY FROM ITS PERSONAL Elements: 1. BY ACCEPTING ANY COMPENSATION FOR SERVICES NOT RENDERED OR FOR LABOR NOT PERFORMED Elements: 1. Malicious failure to return the compensation wrongfully received (fraud) There must be fraud otherwise it willonly be solutio indebiti. with civil obligation to return the wrong payment. If there is intent to charge the bailee with its value. 316 par 5 is not applicable. or encumbrance is (a) without express authority from the court. to defraud his creditors. Art. Any other kind of conceivable deceit may fall under this article. or by taking advantage of the credulity of the public in any other manner. OTHER DECEITS Other deceits are: defrauding or damaging 1. 4. may be liable. Chattel Mortgage (319) A person other than the mortgagor who removed the property to another province. That the transaction is to the detriment of such minor. it is void and cannot be prosecuted under Art 319 Real property is not included since a minor cannot convey real property without judicial authority. 2. not foreclosure. OR PLEDGE OF MORTGAGED PROPERTY Acts punishable under Art. 3. or (3) other personal property. If chattel mortgage does not contain an affidavit of good faith and is not registered. That he removes such mortgaged personal property to any province or city other than the one in which it was located at the time of the execution of the mortgage. or (3) to execute a transfer of any property right. By knowingly removing any personal property mortgaged under the Chattel Mortgage Law to any province or city other than the one in which it was located at the time of execution of the mortgage. That the offender knows that such property is so mortgaged. under the terms of the Chattel Mortgage Law. That the consideration is (1) some loan of money.X. 4. That the removal is permanent. administrators or assigns to such removal. for profit or gain. 319: 1. without the consent of the mortgagee written on the back of the mortgage and noted on the record thereof in the office of the register of deeds of the province where such property is located. ARTICLE 318. . The deceits in this article include false pretenses and fraudulent acts. or any part thereof. By making forecasts. REMOVAL. CRIMES AGAINST PROPERTY CRIMINAL LAW II ARTICLE 317. knowing it to be mortgaged. That he induces such minor (1) to assume an obligation. interpreting dreams. The removal of the mortgaged personal property must be coupled with intent to defraud. SALE. without the written consent of the mortgagee or his executors. administrators or assigns. abandoning the mortgage as basis for 100% UP LAW UP BAROPS 2008 Page 112 of 155 The object of the Chattel Mortgage Law is to give the necessary sanction to the statute. (2) credit. As in other cases of estafa. 5. Chattel mortgage must be valid and subsisting. By selling or pledging personal property already pledged. If the mortgagee opted to file for collection. That advantage of the inexperience or emotions or feelings of a minor. by telling fortunes. 2. 3. By another by any other deceit not mentioned in the preceding articles. so that mortgage debtors may be deterred from violating its provisions and mortgage creditors may be protected against loss of inconvenience from wrongful removal or sale of mortgaged property. by 2. 2. That mortgaged under the Chatter Mortgage Law. ARTICLE 319. damage to the offended party is required. That there is no written consent of the mortgagee or his executors. Elements of knowingly removing mortgaged personal property: personal property is 1. or (2) to give release. SWINDLING OF A MINOR Elements: the offender takes 1. No felonious intent if transfer of personal property is due to change of residence. sells or pledges the same of any part thereof. or any edifice devoted to culture. That personal property is already pledged under the terms of the Chattel Mortgage Law. PD 1613) Attempted. it had burned a part of the building. Any train. 320. (2) on the back of the mortgage. or 2008 Page 113 of 155 Kinds of Arson: 1. and (3) noted on the record thereof in the office of the register of deeds. Sec. mortgaged Purpose: to Purpose: to protect protect the the purchaser (1st mortgagee or 2nd) Arson and Destruction other Crimes Involving If the property burned is an inhabited house or dwelling. 2. writing. or conveyance for transportation of persons or property. Destructive arson (Art. whether public or private. CRIMES AGAINST PROPERTY relief. Chattel mortgage may give rise to estafa by means of deceit. vessel or watercraft. inflammable or combustible materials are stored. museum. Any building where evidence is kept for use in any legislative. soaks them in gasoline and places them beside the wooden wall of the building. 2. Consummated arson: If before the fire was put out. Any of 7 circumstances in Sec. Any ammunition factory and other establishment where explosives. DESTRUCTIVE ARSON SEC. intending to burn a wooden structure. Any church or place of worship or other building where people usually assemble. 3. Consummated Arson: 100% UP LAW UP and BAROPS . the removal of property to another province is not a violation of Art 319 par1 CRIMINAL LAW II Elements of selling or pledging personal property already pledged: 1. Personal property Property involved is real property(Art. 316 par 2) by Committed by the Committed real mere failure to selling obtain consent of property the mortgagee in mortgaged as free. education or social services. Other cases of arson (Sec. not The consent of the mortgagee must be (1) in writing. §1. 2. Destructive Arson—The penalty of Reclusion Temporal in its maximum period to Reclusion Perpetua shall be imposed if the property burned is any of the following: 1. Art 319 Art 316 Estafa In both there is selling of a mortgaged property. he is discovered by another who chases him away.X. 3. When he about to light a match to set fire to the rags. No complex crime of arson with homicide. even if even though the offender should vendor may have the inform the obtained of the purchaser that the consent in thing sold is mortgagee writing. it is not required hat the house be occupied by one or more persons and the offender knew it when the house was burned. If by reason of or on the occasion of arson death results. judicial. Frustrated. collects some rags. Any archive. 3. Homicide is absorbed. 4. Damage is not essential. In attempted arson. That there is no consent of the mortgagee written on the back of the mortgage and noted on the record thereof in the office of the register of deeds. who is the mortgagor of such property. Frustrated arson: If that person is able to light or set fire to the rags but the fire was put out before any part of the building was burned. 6 of PD 1613 is sufficient to establish fact of arson if unexplained. That the offender. 1) 2. Arson (PD 1613. PD 1613. as amended by RA 7659) 3. Attempted arson: A person. airplane or any aircraft. it is necessary that there be a fire. 5. the penalty of reclusion perpetua to death shall be imposed. 38 OG 3715: When several persons scattered coconut remnants which contained human excrement on the stairs and floor of the municipal building. That constitute arson or other crimes involving destruction 3. a a 2. 7. 328 are punished based on value of the damage caused. housing tenement. or any other thing used in common by the public. whether used as dwelling or not. or other official CRIMINAL LAW II includes defacing it. Any railway or bus station. (Qualifying Circumstance) Telegraph/phone lines must pertain to railways. damage to another’s house 100% UP LAW UP BAROPS . Any building. Thus. spreading contagion among cattle 4. or to any archive ore registry. 3. shopping center. cane mill or mill central 6. That the act of damaging another’s property be committed merely for the sake of damaging it. 59 OG 3646) 6. waterworks. theater or movie house or any similar place or building. including its interior. sugar mill. 5. the obligation to pay for the damages is only civil (Art. That the offender deliberately caused damage to the property of another. situated in populated or congested area. certain passengers of the train are killed: A:It depends. using any poisonous or corrosive substance infection or 3. et. Any inhabited house or dwelling 3. If the damage shall result in any derailment of cars. the penalty of arresto menor of fine not exceeding P200 is fixed by law.X. Any building used as offices of the government or any of its agencies 2. wharf or warehouse Other mischiefs not included in Art. or other accident. 2176) Damage means not only loss but also diminution of what is a man’s own. bamboo grove or forest. If no malice in causing damage. grain field. hotel. causing damage to obstruct the performance of public functions 2. CRIMES AGAINST PROPERTY administrative proceeding. OTHER MISCHIEFS (329) 4. If the amount involved cannot be estimated. (People v Asido. a higher penalty shall be imposed. 3. lodging house. Art. 1. dormitory. Q: When as a result of the damage caused to railway. public or private market. Damage and obstruction to means and communication (330) Committed by damaging any railway. growing crop. oil well platform or tunnel establishment. Any hospital. Other Cases of Arson—The penalty of Reclusion Temporal to Reclusion Perpetua shall be imposed if the property burned is any of the following: 1. road. telegraph. or mine shaft. pasture land. SPECIAL CASES MISCHIEF (328) OF MALICIOUS Special cases of mischief: (qualified mischief) malicious malicious SEC. WHO ARE RESPONSIBLE FOR (327) Elements of malicious mischief: 1. farm. Any industrial shipyard. Any rice mill. promenade. airport. Any plantation. orchard. People v Dumlao. 330 says “without prejudice to the criminal liability of the offender for other consequences of his 2008 Page 114 of 155 Malicious Mischief 1. Al. the crime committed is malicious mischief under Art. 329. collision. or telephone lines. such act does not 2. causing damage to property of the National Museum or National Library. 3. 48. brothers and sisters and brothersin-law and sisters-in-law. 100% UP LAW UP BAROPS 2008 Page 115 of 155 . Art. 60 OG 3605: Art. the crime is murder. 21. 144. public monuments or paintings (331) The penalty is lower if the thing destroyed is a public painting. swindling (estafa) 3. theft 2. 40 OG Supp. descendants. Art. CA. 2. People v Adame. 4 and Art. Exemption from Criminal Liability Crimes Against Property (332) Crimes involved in the exemption: 1. People v Alvarez.” If there is no intent to kill. There is no criminal. 52 Phil 65. et. 332 applies to common-law spouses.. If there is intent to kill. or relatives by affinity in the same line. rather than a public monument. CA. People v Constantino.X. The widowed spouse with respect to the property which belonged to the deceased spouse before the same passed into the possession of another. CRIMINAL LAW II Destroying or damaging statues. CC. al. CRIMES AGAINST PROPERTY criminal act. Spouses. 332 does not apply to a stranger who participates in the commission of the crime. but only civil liability. and damaging the railways was the means to accomplish the criminal purpose. malicious mischief in Persons exempt from criminal liability: ascendants and 1. the crime is “damages to means to means of communication” with homicide because of the first paragraph of Art. if living together. Guevara: An adopted or natural child should also be considered as included in the term “descendants” and a concubine or paramour within the term “spouses”. 63: Stepfather and stepmother are included as ascendants by affinity.. Even if the husband pardons the adulterous wife. o Direct proof of carnal knowledge is not necessary. Simple seduction (Art. 9) As regards the man with whom she has sexual intercourse. 7. 341). IMPORTANT POINTS REGARDING THIS ARTICLE: Offended party must be legally married to the offender at the time of the criminal case. 6. Acts of intercourse w/ the offending spouse subsequent to adulterous conduct is an implied pardon. The requirement that both offenders should be included in the complaint is absolute only when the two offenders are alive. knowing that his wife. 338). Effect of death of paramour: Offending wife may still be prosecuted. 336). may be held liable for concubinage. Carnal knowledge may be proved by circumstantial evidence. 8) She has sexual intercourse with a man not her husband. Consented abduction (Art. Acts of lasciviousness (Art. 334. 333). but only mitigating. Pardon by the offended party to be effective must be granted to both offenders before the institution of criminal proceedings. Corruption of minors (Art. 337). People v. ADULTERY Elements: 7) The woman is married. A married man who is not liable for adultery. and 10. 4. o Both defendants are entitled to this mitigating circumstance. An express pardon operates as such whether the sexual intercourse accompanies the same or not. A married man might not be guilty of adultery because he did not know that the woman was married. resumed living with her co-defendant. 342). 343) A. Derecho Penal. CRIMINAL LAW II maintenance of a family not his own. Concubinage (Art. 2008 Page 116 of 155 Each sexual intercourse constitutes a crime of adultery. 339). 9. 3. she may be held liable for concubinage as well. The second charge of adultery should be dismissed because of consent. where the rights of the real heirs may be impaired and a man may be charged with the 100% UP LAW UP BAROPS . because the pardon refers to previous and not to subsequent adulterous acts. An express pardon is not necessary. after serving sentence for adultery. He will only be held liable for concubinage if he appeared to be guilty of any of the acts defined in Art. and Viada. such pardon would not exempt the wife and her paramour from criminal liability for adulterous acts committed after the pardon had been granted. Adultery (Art. Abandonment without justification is not exempting. and Groizard) What is the essence of the crime of adultery? o the danger of introducing spurious heirs into the family. 5. If the woman knew that the man was married. White slave trade (Art. Adultery 1. because he did not know that the woman was married. Sensano and Ramos The husband. (Cuello Calon. Acquittal of one of the defendants does not operate as a cause of acquittal of the other. Effect of consent: 1. Effect of death of offended party: The proceedings may continue. 340). 334). CRIMES AGAINST CHASTITY TITLE XI: CRIMES AGAINST CHASTITY 1. Qualified seduction (Art.XI. Forcible abduction (Art. Acts of lasciviousness with the consent of the offended party (Art. There is adultery even if the marriage of the guilty woman with the offended husband is subsequently declared void. he must know her to be married. 2. did nothing to interfere with their relations or to assert his rights as husband. 8. ARTICLE 333. The woman becomes liable only when she knew him to be married prior to the commission of the crime. is a violation of the o A married man is not liable for concubinage for mere sexual relations with a woman not his wife. ARTICLE 334. mere cohabitation is sufficient. When spies are employed. ii. cohabiting with a woman who is not his wife in any other place. B. does not detract from its nature. o Proof of scandalous circumstances is not necessary. “cohabit” o to dwell together as husband and wife for a period of time Page 117 of 155 . redounds to the detriment of the feelings of honest persons. or iii. as his concubine o ‘Keeping a mistress in the conjugal dwelling’ – no positive proof of actual intercourse necessary What is a conjugal dwelling? 100% UP LAW UP BAROPS 2008 the act of sexual intercourse w/c may be proved by circumstantial evidence. In the third way of committing the crime. having under scandalous circumstances. Concubinage intercourse circumstances by having sexual under scandalous Agreement to separate may be used as evidence to show consent by the husband to the infidelity of his wife Under the law. keeping a mistress in the conjugal dwelling.XI. or sexual intercourse. and gives occasion to the neighbors’ spiritual damage or ruin. 3) Cohabiting with her in any other place. with a woman who is not his wife. Concubinage marital vow. 3) As regards the woman. CONCUBINAGE Elements: 1) The man is married. she knows that the man is married.consists in any reprehensible word or deed that offends public conscience. CRIMES AGAINST CHASTITY CRIMINAL LAW II o the home of the husband and wife even if the wife happens to be temporarily absent on any account o a house constructed from the proceeds of the sale of the conjugal properties of the spouses o That the wife never had a chance to reside therein or that the husband used it with his mistress instead. Who is a mistress? o a woman taken by the accused to live with him in the conjugal dwelling. only occurs when the mistress is kept elsewhere (outside of the conjugal dwelling) ‘Scandal circumstance’ . under scandalous circumstances. Concubinage 2. 2) Having sexual intercourse. there is no accomplice in adultery. 2) He is either: i. (this is essential only in concubinage of the 2nd type) There is scandal when: 1) a married man and his mistress live in the same room of a house 2) they appear together in public and perform scandalous acts “under scandalous circumstances” IMPORTANT POINTS REGARDING THIS ARTICLE: Acts punishable: 1) Keeping a mistress in the conjugal dwelling. there is no evidence of scandalous circumstances. People in the vicinity are the best witnesses to prove scandalous circumstances. circumstances: using force or i.e. was done inside church. Acts of lasciviousness distinguished from attempted rape Acts of Attempted Rape Lasciviousness Same means of committing the crime: 1) force. of age or is demented Offended party is a person of either sex. 245) distinguished from acts of lasciviousness (Art. the circumstances may prove the accused’s lewd designs. ARTICLE 336. But if the kissing was done in the house of a woman when she was alone. absence of lewd designs may be proven. Lascivious intent is implied from the nature of the act and the surrounding circumstances. Acts of lasciviousness distinguished from grave coercion Acts of Lasciviousness Compulsion or force is included in 100% UP LAW Grave Coercion Compulsion or force is the very act UP BAROPS 2008 Page 118 of 155 . Motive of lascivious acts is not important because the essence of lewdness is in the very act itself. to the commission of rape. Lascivious acts are Lascivious acts the final objective are only the sought by the preparatory acts offender. Example: If the kissing etc. The performance of acts of lascivious character Acts performed do Acts performed not indicate that the clearly indicate accused was to lie that the accused’s w/ the offended purpose was to lie party. of age or is demented. Abuses against chastity (Art. be by of or CRIMINAL LAW II constituting the offense of grave coercion. or ii. or iv. a month.XI. o Reason: Offended husband may have another man’s son bearing his (husband’s) name and receiving support from him. or a year. w/ the offended woman. By intimidation. By means of fraudulent machination or grave abuse of authority. Absent any of the circumstances of rape under the 3rd element. When the offended party is under 12 yrs. the constructive element of force. and the crime is unjust vexation only. a week. threat. When the offended party is deprived of reason or otherwise unconscious. 2) The act is committed against a person of either sex. Abuses against Chastity Committed by a public officer only Mere immoral or indecent proposal made earnestly and persistently is sufficient. 3) It is done under any of the ff. or intimidation is employed. in most cases Some act of lasciviousness should have been executed by the offender. Acts of Lasciviousness 3. Desistance in the commission of attempted rape may constitute acts of lasciviousness. Moral compulsion amounting to intimidation is sufficient. iii. Must accompanied acts lasciviousness lewdness. or longer) Adultery is more severely punished than concubinage. 336) Offenses against Chastity Committed by a private individual. the crime is UNJUST VEXATION. CRIMES AGAINST CHASTITY (i. or 4) victim is under 12 yrs. or 3) the offended party is deprived of reason or otherwise unconscious. Consider the act and the environment to distinguish between Acts of Lasciviousness and Attempted Rape. ACTS OF LASCIVIOUSNESS Elements: 1) Offender commits any act of lasciviousness or lewdness. or 2) by means of fraudulent machination or grave abuse of authority. ii. AND DISCRIMINATION 1. 338) CRIMINAL LAW II Two classes of qualified seduction: 1. held her. When a complaint for acts of lasciviousness was filed against him. Seduction of a sister by her brother. It applies when there is abuse of authority (qualified seduction) or deceit (simple seduction). 337. ARTICLE 337. 2) She must be over 12 and under 18 yrs. regardless of her age or reputation. iii. Trial Court found the accused guilty of FRUSTRATED ACTS OF LASCIVIOUSNESS. or descendant by her ascendant. ii. The accused charged with rape cannot be convicted of qualified seduction under the same information. adultery. If any of the circumstances in the crime of rape is present. or relationship on the part of the offender. People v. also known as INCEST. is punished by a penalty next higher in 4. NO attempted and frustrated acts of lasciviousness. 2. or a head of the family to any of its members. Seduction: enticing a woman to unlawful sexual intercourse by promise of marriage or other means of persuasion without use of force. Simple seduction (Art. Those who abused their authority: i. 100% UP LAW UP BAROPS 2008 Page 119 of 155 . of age. and 2. EXPLOITATION. ii. o The offended party need not be physically a virgin. embraced her. Person in public authority. Teacher. is entrusted with the education or custody of the woman seduced. Who are persons liable under this article? 1. House servant. Brother who seduced his sister. Seduction of a virgin over 12 years and under 18 years of age by certain persons. it is sufficient that he is a teacher in the same school. which is presumed if she is unmarried and of good reputation. Not necessary that the offender be the teacher of the offended party. he actually attains his purpose. HELD: There is no frustrated crime against chastity which includes acts of lasciviousness. priest. Qualified seduction (Art. From the moment the offender performs all the elements necessary for the existence of the felony. pertaining to the same house. accused claimed that he had no intention of having sexual intercourse with her and that he did the acts only as revenge. CRIMES AGAINST CHASTITY RA 7610 SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSE. tore her dress. “Domestic”: a person usually living under the same roof. Ascendant who seduced his descendant. Person who. Priest. Famularcano The accused followed the victim. 4) There is abuse of authority. RA 7877 ANTI-SEXUAL HARASSMENT ACT OF 1995 D. such as a person in authority. Virginity: a woman of chaste character and of good reputation. and rape. Motive of revenge is of no consequence since the element of lewdness is in the very act itself. Those who abused their relationship: i. QUALIFIED SEDUCTION Elements: 1) Offended party is a virgin. and tried to touch her breast. the crime is not to be punished under Art.XI. the crime is acts of lasciviousness. 3) Offender has sexual intercourse with her. iii. Qualified seduction of a sister or descendant. in any capacity. Qualified Seduction Two kinds of seduction: 1. Domestic 3. Qualified seduction may also be committed by a master to his servant. teacher. iv. No sexual intercourse and only acts of lewdness are performed. Those who abused confidence reposed in them: i. confidence. 337) 2. Guardian. a policeman. Mendoza then filed a complaint for Qualified Seduction. Promise of marriage by a married man is not a deceit. There was also intimidation with the accused wearing his uniform. The girl Requires abuse of authority. Accused is guilty of RAPE. although an essential element of ordinary or simple seduction. F. if the woman knew him to be married. As he did not make good on said promise. Acts of Lasciviousness with Consent of the Offended Party 2008 Qualified Seduction UP the BAROPS Page 120 of 155 . The complaint did not allege that the girl was a virgin. Zosa The accused. The age. reputation. Mendoza filed a complaint for Consented Abduction. Deceit generally takes the form of unfulfilled promise of marriage. Perez moved to dismiss the case on the grounds of double jeopardy. brought a 13year old girl with low mentality. 1. Fontanilla A 15-year old virgin. unmarried and of good reputation. mental abnormality and deficiency. virginity is still an essential element of the crime of qualified seduction and must be alleged in the complaint. does not need to be proved or established in a charge of qualified seduction. as when the woman agrees to sexual intercourse in exchange for jewelry? o This is not seduction because she is a woman of loose morals. Perez v. who was brought by her mother to the house of the accused and his wife to serve as a helper. to the ABC Hall where he succeeded in having sexual intercourse with her. CRIMES AGAINST CHASTITY degree. an acquittal for CONSENTED ABDUCTION will not preclude the filing of a charge for QUALIFIED SEDUCTION because the element of the two crimes are different. The relationship need not be legitimate. considering the victim’s age. Seduction is not a continuing offense. What is the purpose of the law? o To punish the seducer who by means of promise of marriage.XI. 2) She is of good reputation. as she was induced by his promises of marriage and frightened by his acts of intimidation. What about unfulfilled promise of material things. of age However. and 2) over 12 but under 18 yrs. HELD: Though it is true that virginity is presumed if the girl is over 12 but under 18. CA Perez succeeded in having sexual intercourse with Mendoza after he promised to marry her. destroys the chastity of an unmarried female of previous chaste character Virginity of offended party is not required. Trial Court found that the acts constituted seduction. People v. acquitting him on the charge of Consented Abduction. Consented Abduction 100% UP LAW CRIMINAL LAW II Means: Requires the taking away of the victim w/ her consent Offender has sexual intercourse. Babanto v. 4) It is committed by means of deceit. namely: 1) the offended party is a virgin. SIMPLE SEDUCTION Elements: 1) Offended party is over 12 and under 18 yrs. single or widow. confidence or relationship Taking away with lewd designs The girl’s family Act: Wronged: That the girl gave consent to the sexual intercourse is not a defense. of age. ARTICLE 338. F. Promise of marriage after sexual intercourse does not constitute deceit. G. The accused was charged with RAPE but convicted of QUALIFIED SEDUCTION. 3) Offender has sexual intercourse with her. repeatedly yielded to the carnal desires of the accused. good reputation is sufficient. E. It is replaced by ABUSE OF CONFIDENCE. HELD: There are similar elements between consented abduction and qualified seduction. or virginity of the sister or descendant is irrelevant. Simple Seduction 5. HELD: DECEIT. confidence. under 18 yrs. Engaging in business of prostitution 2.XI. CRIMES AGAINST CHASTITY CRIMINAL LAW II disqualification (As amended by BP 92). Maintainer or manager of house of illrepute need not be present therein at the time of raid or arrest. including those in governmentowned or controlled corporations shall also be penalized by temporary absolute UP o 100% UP LAW BAROPS 2008 Page 121 of 155 . EXPLOITATION. 6. pretext’ – one who services of a woman maid.. Profiting by prostitution 3. It is necessary that it be committed under circumstances which would make it qualified or simple seduction had there been sexual intercourse. to satisfy the lust of another Who can be liable? o o o Any person Punishable by prision mayor A public officer or employee. White Slave Trade 6. When the victim is under 12 yrs.. Habituality or abuse of authority or confidence is not necessary. AND DISCRIMINATION ACT There is a crime of ATTEMPTED CHILD PROSTITUTION. or deceit. instead of acts of lewdness only. 341: 1. would amount to either qualified or simple seduction Offended party should only be female Acts penalized under Art. had there been carnal knowledge.. 2) The acts are committed upon a woman who is a virgin or single or widow of good reputation. RA 7610) H. ‘Under any engaged the allegedly as a prostitution. 336) Committed under circumstances w/c. Enlisting the services of women for the purpose of prostitution. ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE OFFENDED PARTY Elements: commits acts of 1) Offender lasciviousness or lewdness. of age but over 12 yrs. 339) Committed under circumstances w/c. Mere proposal will consummate the offense. relationship. article. but in reality for is guilty under this Victim is under 12 yrs. Habituality is not a necessary element of white slave trade. Art. would amount to rape Offended party is a female or male Acts of Lasciviousness (Art. ARTICLE 339. RA 7610 SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSE. (Sec. the penalty shall be one degree higher than that imposed by law. penalty shall be one degree higher. Corruption of Minors Minority of victims essential Victims may be male or female May not necessarily be for profit Committed by a single act White Slave Trade Minority is not required Applies only to females Generally for profit Generally committed habitually G. It is not necessary that the unchaste acts shall have been done. Offender need not be the owner of the house. regardless of her reputation or age 3) The offender accomplishes the acts by abuse of authority. or a sister or descendant. Corruption of Minors The promotion or Act punishable: facilitation of the prostitution or corruption of persons under age (minors). 336 distinguished from Art. 339 Acts of Lasciviousness (Art. had there been carnal knowledge. XI. CRIMES AGAINST CHASTITY I. Forcible Abduction 9. ARTICLE 342. FORCIBLE ABDUCTION Elements: 1) The person abducted is any woman, regardless of her age, civil status or reputation; 2) The abduction is against her will; 3) The abduction is with lewd designs. o CRIMINAL LAW II The act of the offender is violative of the individual liberty of the abducted, her honor and reputation, and public order. distinguished from Forcible abduction grave coercion Forcible Abduction Grave Coercion 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. There is violence or intimidation by the offender. The offended party is compelled to do something against her will. Abduction is No lewd design, characterized by provided that there lewd design. is no deprivation of liberty for an appreciable length of time. Forcible abduction distinguished corruption of minors Forcible Abduction Purpose is to effect his lewd designs on the victim. from Two kinds of abduction: 1. Forcible abduction (Art. 342) 2. Consented abduction (Art. 343) Crimes against chastity where age and reputation are immaterial: 1. Acts of lasciviousness against the will or without the consent of the offended party 2. Qualified seduction of sister or descendant 3. Forcible abduction The taking away of the woman may be accomplished by means of deceit first and then by means of violence and intimidation. If the female abducted is under 12, the crime is forcible abduction, even if she voluntarily goes with her abductor. Sexual intercourse is not necessary in forcible abduction. Lewd designs may be shown by the conduct of the accused. When there are several defendants, it is enough that one of them had lewd designs. Husband is not liable for abduction of his wife, as lewd design is wanting. Attempt to rape is absorbed in the crime of forcible abduction, thus there is no complex crime of forcible abduction with attempted rape. What is the nature of the crime? Corruption of Minors Purpose is to lend the victim to illicit intercourse with others. Forcible abduction distinguished from kidnapping / serious illegal detention Forcible Abduction There deprivation liberty and designs. is of lewd Serious Illegal Detention There is deprivation of liberty and no lewd designs. Commission of other crimes during confinement of victim is immaterial to the charge of kidnapping w/ serious illegal detention. Forcible Abduction with Rape a complex crime under Art. 48, and not a special complex crime 1. People v. Sunpongco The victim was abducted by the accused and was brought to a hotel where the latter succeeded in having sexual intercourse with her. HELD: The elements of both rape and forcible abduction are proven. The presence of lewd designs in forcible abduction is manifested by the subsequent rape of the victim. 2008 Page 122 of 155 100% UP LAW UP BAROPS XI. CRIMES AGAINST CHASTITY 2. People v. Jose This is the Maggie Dela Riva story wherein Maggie was abducted and brought to a hotel, where the 4 accused took turns in raping her. HELD: While the first act of rape was being performed, the crime of forcible abduction had already been consummated, hence, forcible abduction can only be attached to the first act of rape, detached from the 3 subsequent acts of rape. 3. People v. Alburo The accused and 2 other men raped the victim. The victim was a jeepney passenger who was prevented from leaving the jeepney. She was taken to a remote place where she was raped. HELD: The accused is guilty of FORCIBLE ABDUCTION WITH RAPE. It was proven that the victim was taken against her will and with lewd design, and was subsequently forced to submit to the accused’s lust, rendering her unconscious in the process. Forcible abduction with distinguished from kidnapping rape) Forcible Abduction with Rape The violent taking of the woman is motivated by lewd designs. Crime against chastity rape (with J. Consented Abduction CRIMINAL LAW II 10. ARTICLE 343. CONSENTED ABDUCTION Elements: 1) Offended party is a virgin; 2) She is over 12 and under 18 yrs. of age; 3) Offender takes her away with her consent, after solicitation or cajolery from the offender; 4) The taking away is with lewd designs. What is the purpose of the law? o To prescribe punishment for the disgrace to her family and the alarm caused by the disappearance of one who is, by her age and sex, susceptible to cajolery and deceit. Kidnapping (with rape) Not so motivated If the virgin is under 12 or is deprived of reason, the crime is forcible abduction because such is incapable of giving a valid consent. The taking away of the girl need not be with some character of permanence. Offended party need not be taken from her house. When there was no solicitation or cajolery and no deceit and the girl voluntarily went with the man, there is no crime committed even if they had sexual intercourse. K. Prosecution of private offenses (adultery, concubinage, seduction, abduction, and acts of lasciviousness) Who may file the complaint? o Adultery and concubinage must be prosecuted upon complaint signed by the offended spouse. Crime liberty against There can only be one complex crime of forcible abduction with rape. 4. People v. Godines The victim witnessed the killing of another by the 2 accused. Upon seeing her, the accused dragged her to a vacant lot where they took turns in raping her. TC convicted them of rape. HELD: FORCIBLE ABDUCTION is absorbed in the crime of RAPE if the main objective is to rape the victim. Conviction of acts of lasciviousness is not a bar to conviction of forcible abduction. 1. Pilapil v. Ibay-Somera A foreigner, married to a Filipina, was able to obtain a decree of divorce in another country against the latter. After the issuance of the decree of divorce, the foreigner filed 2 complaints of adultery against the accused. HELD: The person who initiates an ADULTERY / CONCUBINAGE case must be an offended spouse, and by this is meant that he is still married to the accused 2008 Page 123 of 155 100% UP LAW UP BAROPS XI. CRIMES AGAINST CHASTITY spouse, at the time of the filing of the complaint. o Seduction, abduction, or acts of lasciviousness must be prosecuted upon complaint signed by-2) offended party 3) her parents 4) grandparents, or 5) guardians, in the order in which they are named above. CRIMINAL LAW II Pardon must exist before the institution of the criminal action. Both offenders must be pardoned by the offended party. Delay in the filing of complaint, if satisfactorily explained, does not indicate pardon. Condonation or forgiveness of one act of adultery or concubinage is not a bar to prosecution of similar acts that may be committed by the offender in the future. Consent: may be express or implied given before the adultery or concubinage was committed Agreement to live separately may be evidence of consent. Affidavit showing consent may be a basis for new trial. Seduction, abduction, lasciviousness Must be prosecuted complaint signed by: 1) acts of The court motu proprio can dismiss the case for failure of the aggrieved party to file the proper complaint even if the accused never raised the question on appeal. Crimes against chastity prosecuted de oficio. Adultery and Concubinage The offended party cannot institute criminal prosecution without including BOTH the guilty parties if they are alive. Consent and pardon bar the filing of a criminal complaint. The imputation of a crime of prostitution against a woman can prosecuted de oficio. Both parties must be included in the complaint even if one of them is not guilty. Prosecution of rape may be made upon complaint by any person. When the offended party is a minor, her parents may file the complaint. When the offended party is of age and is in complete possession of her mental and physical faculties, she alone can file the complaint. The term “guardian” refers to legal guardian. The complaint must be filed in court, not with the fiscal. In case of complex crimes, where one of the component offenses is a public crime, the criminal prosecution may be instituted by the fiscal. Effect of Pardon: Pardon of the offenders by the offended party is a bar to prosecution for adultery or concubinage. 100% UP LAW UP cannot be upon the 2) 3) 4) 5) offended party i. even if a minor ii. of legal age and not incapacitated, only she can file the complaint iii. minor or incapacitated and refuses to file, either of the following persons may file either of the parents either of the grandparents, paternal or maternal side legal or judicial guardians the State as parens patriae when the offended party dies or becomes incapacitated before she could file the complaint and has no known parents, grandparents, or guardians Effect of Pardon: Offended party cannot institute criminal proceedings if the offender has been EXPRESSLY pardoned by the offended party, or her parents, grandparents or guardian. Pardon by the parent, grandparent, or guardian must be accompanied by the express pardon of the offended woman. The right to file action of the parents, grandparents and guardian shall be EXCLUSIVE of other persons and shall be exercised successively in the order provided. 2008 Page 124 of 155 BAROPS her parents may file the complaint. etc. The guardian must be legally appointed by the court. When the offended party is a minor. there is no civil liability for acts of lasciviousness. or abused may also recover moral damages. acts of lasciviousness and rape. abduction. EXCEPT when the offended party has no parents. EXCEPT: i. guardians. only indemnity is allowed. In rape of a married woman. 283 (1). Offended party is of age and is in complete possession of her mental and physical faculties. 2219. and accessories. such as in multiple rape 100% UP LAW UP CRIMINAL LAW II iv. raped. abducted. Marriage (in cases of seduction. other instances where the law prevents such The adulterer and the concubine can be sentenced only to indemnify for damages caused to the offended spouse. CC: moral damages may be recovered in seduction. who cooperate as accomplice with abuse of authority or confidential relationship The teachers or persons entrusted with education and guidance of the youth shall also be penalized with disqualification. M. all the offenders must support the offspring. unless the law should prevent him from doing so 3) In every case to support the offspring. When the evidence fails to prove a complex crime of rape with another crime. and acts of lasciviousness) extinguishes the criminal action even as to co-principals. seduction or abduction: 1) To indemnify the offended woman 2) To acknowledge the offspring. CRIMES AGAINST CHASTITY Pardon by the offended party who is a minor must have the concurrence of parents. Marriage must be entered into in good faith. teachers or other persons entrusted with the custody of the offended party Persons who cooperate as accomplices but are punished as principals in rape. the accused CANNOT be convicted of rape.XI. (see list below for the complete set of crimes referred to in this article): 1) ascendants 2) guardians 3) curators 4) teachers. abduction. she alone can file the complaint. Rape complexed with another crime against chastity need NOT be signed by the offended woman. CC: Judgment to recognize the offspring may only be given if there is pregnancy within the period of conception. as well as in adultery and concubinage. or other lascivious acts. In multiple rape. and 5) any other person. L. 3rd. since rape is a public crime. Under the RPC. extinguishes criminal action or remits the penalty already imposed. Liability of ascendants. seduction. or even after conviction (extinguishes criminal action and remits penalty). where either of the offended party or accused is married iii. Art. abduction. rape. when paternity cannot be determined. and there is no complaint signed by the offended woman. The parents of the female seduced. & 4th of this title”: 1) rape 2) acts of lasciviousness 3) qualified seduction 4) simple seduction 5) acts of lasciviousness with consent of the offended party 6) corruption of minors 7) white slave trade 8) forcible abduction 9) consented abduction 2008 Page 125 of 155 BAROPS . Marriage may take place AFTER criminal proceedings have commenced. Civil Liability of Persons Guilty of Crimes Against Chastity Civil liability of persons guilty of rape. Art. accomplices. “Crimes embraced in the 2nd. Marriage of the offender with the offended party in seduction. in cases of adultery and concubinage ii. which is within 120 days from the commission of the offense. abduction. The marriage has all the essential requisites for validity. Premature marriages (Art. SIMULATION OF BIRTHS. ARTICLE 348. USURPATION OF CIVIL STATUS This crime is committed when a person represents himself to be another and assumes the filiation or the parental or conjugal rights of such another person. 352). 347). Simulation of births and Usurpation of Civil Status 1. and may be prosecuted only at the instance of the offended party. CRIMES AGAINST THE CIVIL STATUS OF PERSONS TITLE XII: CRIMES AGAINST THE CIVIL STATUS OF PERSONS Crimes against the civil status of persons 1. 2. When the real parents make it appear in the birth certificate that the parents who bought the child are the real parents 2. CRIMINAL LAW II Civil status seems to include one’s profession. Illegal Marriages 3. 6. 3. A judicial declaration of the nullity of a marriage. Offender married. in case his or her spouse is absent. AND CONCEALMENT OR ABANDONMENT OF A LEGITIMATE CHILD Acts punished: 1. 348). Simulation of births. 349). A. that is. Bigamy (Art. 351). Failure to exercise due diligence to ascertain the whereabouts of the first wife is bigamy through reckless imprudence. is now required. Good faith is a defense in bigamy. Performance of illegal marriage ceremony (Art. Illustration: People who have no child and who buy and adopt the child without going through legal adoption. 3. B. 350). Concealing or abandoning any legitimate child with intent to cause such child to lose its civil status. which may be prosecuted at the instance of the state. 2. BIGAMY Elements: has been legally 1. the absent spouse could not yet be presumed dead according to the Civil Code. the second is an offense against chastity. 5. substitution of one child for another and concealment or abandonment of a legitimate child (art. Usurpation of civil status (Art. One convicted of bigamy may also be prosecuted for concubinage as both are distinct offenses. ARTICLE 349. Same is true even if the child was kidnapped but they knew that the kidnappers are not the real parents of the child. 3. SUBSTITUTION OF ONE CHILD FOR ANOTHER. 100% UP LAW UP BAROPS 2008 Page 126 of 155 . Substitution of one child for another. 2. 4. Marriage contracted against provisions of law (Art. The marriage has not been legally dissolved or.XII. that the marriage was void ab initio. Simulation of births. ARTICLE 347. second or subsequent 4. The test is not whether the defendant has already been tried for the same act. but whether he has been put in jeopardy for the same offense. The first is an offense against civil status. He contracts a second or subsequent marriage. There must be an intent to enjoy the rights arising from the civil status of another. PERFORMANCE OF ILLEGAL MARRIAGE CEREMONY PERSONS LIABLE: Priests or ministers of any religious denomination or sect. that is. A woman who. her marriage having been annulled or dissolved. 2. Illegal marriage includes also such other marriages which are performed without complying with the requirements of law. 5. 100% UP LAW UP BAROPS 2008 Page 127 of 155 . A widow who is married within 301 days from the date of the death of her husband. because of the probability that there might be a confusion regarding the paternity of the child who would be born. ARTICLE 352. married before her delivery or before the expiration of the period of 301 days after the date of the legal separation. or before having delivered if she is pregnant at the time of his death. or such marriage which was solemnized by one who is not authorized to solemnize the same. or marriages where the consent of the other is vitiated. or civil authorities who shall perform or authorize any illegal marriage ceremony Bigamy is a form of illegal marriage. that belief of the woman that after all there could be no confusion even if she would marry within 301 days may be taken as evidence of good faith and that would negate criminal intent. PREMATURE MARRIAGE Persons liable: 1. CRIMES AGAINST THE CIVIL STATUS OF PERSONS CRIMINAL LAW II 2. If this reason does not exist because the former husband is impotent.XII. The Supreme Court considered the reason behind making such marriages within 301 days criminal. ARTICLE 351. 2. or b. He knew at the time that – a. 6. MARRIAGE CONTRACTED AGAINST PROVISIONS OF LAWS (ILLEGAL MARRIAGE) Elements: 1. The requirements of the law were not complied with. Offender contracted marriage. The marriage was in disregard of a legal impediment. ARTICLE 350. or was shown to be sterile such that the woman has had no child with him. 6. 5) The imputation must tend to cause the dishonor. Intriguing against honor (Art. Threatening to publish and offer to prevent such publication for compensation (Art. discredit or contempt of the person defamed. Incriminating innocent person (Art. a crime. 359). Libel by means of writing or similar means (Art. or circumstance. OR o A comment based on a false supposition. 3. virtue or reputation. Velasco (2000) • DOCTRINE OF FAIR COMMENT: Fair commentaries on matters of public and interest are privileged constitute a valid defense in an action for libel or slander. real or imaginary. any act. 355). 357). OR • sufficiently specific so that each individual in the class or group can prove that the defamatory statement specifically pointed to him. meaning. Capulong (1988) • PUBLIC FIGURE – one who. 7. mode of living. by his accomplishments. status. 4. it is essential that the statement must be – • so sweeping or all-embracing as to apply to every individual in that group or class. There is no crime if the defamatory imputation is not published. a vice or defect. PUBLICITY 2008 REQUIREMENT FOR BAROPS Page 128 of 155 . 5. 2) The imputation must be made publicly. it is not communicated to a third person. 4) The imputation must be directed at a natural or juridical person. 356). 363). Slander (Art. 358). 2. CA (1999) • For a statement to be considered malicious. so that he can bring the action separately. it must either be: o A false allegation of fact. Ayer Productions v. OR iii. ii. or one who is dead. or • are sufficient to impeach his honesty. DEFINITION OF LIBEL Elements: 1) There must be an imputation of– i. People v. it must be shown that it was written or published with the knowledge that they are false OR in reckless disregard of WON they were false o RECKLESS DISREGARD – the defendant entertains serious doubt as to the truth of the publication. omission. IMPORTANT POINTS ABOUT THIS ARTICLE: TO REMEMBER A man’s reputation is the estimate in which others hold him. or to hold him up to public ridicule. Slander by deed (Art. 3) It must be malicious. 364) A. IAC). condition. • In order that a discreditable imputation to a public official may be actionable. 100% UP LAW UP 3. 1. OR that he possesses a high degree of awareness of their probable falsity • To avoid self-censorship that would necessarily accompany strict liability for erroneous statements. Prohibited publication of acts referred to in the course of official proceedings (Art. Libel CRIMINAL LAW II When the alleged defamation is directed at a group or class. ARTICLE 353. CRIMES AGAINST HONOR TITLE XIII: CRIMES AGAINST HONOR 1. vs. Test of the defamatory character of words used: • Whether they are calculated to induce the hearers to suppose and understand that the person against whom they were uttered was guilty of certain offenses. his affairs and his character. fame. OR by adopting a profession or calling which gives the public a legitimate interest in his doings. if need be (Newsweek Inc. has become a “public personage” ARTICLE 354.XIII. It is essential that the victim be identifiable. Borjal v. rules governing liability for injury to reputation are required to allow an adequate margin of error by protecting some inaccuracies. although it is not necessary that he be named. 2. and the latter will decide whether it is defamatory or not MALICE IN FACT • To be proved by prosecution ONLY IF malice in law has been rebutted • Can be negated by evidence of: o Good motives AND Justifiable ends. legislative or other official proceedings which are not of confidential nature. or superior.3 • One view holds that there is publication once the statement is uploaded or posted on a website. ARTICLE 355. If defamatory remarks are made in the heat of passion which culminated in a threat. The presumption of malice is REBUTTED. made by any person in the performance of any legal. report or speech delivered in said proceedings. • The other view maintains that publication occurs only when another person gains access or reads the statement on the site.net/breakingnews/infotech/view _article.2 • The prosecutor however ordered the filing of cases against two other respondents who never denied authorship of the posted comments. 3) Lithography. AND There is justifiable making it. IMPORTANT POINTS ABOUT THIS ARTICLE: TO REMEMBER Privileged statements are of 2 kinds: • Absolute – NOT actionable at all o Statements by lawyers in pleadings which are relevant to the case o Statements made in the course of judicial proceedings. REGARDLESS of their defamatory tenor and the presence of malice • Qualified – allows plaintiff to prove malice IN FACT o Statements by lawyers in pleadings which are NOT relevant to the case Defamation through amplifier system is slander not libel. IN CASE the law allows proof of the truth of the imputation. LIBEL BY WRITING OR SIMILAR MEANS Libel may be committed by means of: 1) Writing. 5) Radio. CRIMES AGAINST HONOR MALICE IS PRESUMED in every defamatory imputation. motive for • MALICE IN LAW • Presumed from defamatory character of statement • Statement is presented to court. if it is shown by the accused that – • The defamatory imputation is true. without any comments or remarks. 2) Printing. or 10) Any similar means. • A fair and true report. moral or social duty. • It is published with good intention. having some interest or duty in the matter. namely: • A private communication to an officer or a board. 4) Engraving. 7) Painting. CRIMINAL LAW II Unnecessary publicity destroys good faith. of o any judicial. 6) Photograph.php?article_id=68456 … 100% UP LAW BAROPS 2008 Page 129 of 155 . or o Privileged character UP 2 http://newsinfo. 9) Cinematographic exhibition. EXCEPT in privileged communications. It remains debatable when the moment of publication occurs with respect to statements made over the Internet. OR o any statement. In a libel case filed in August 2006 against RP Nuclear Solutions and blogger Abe Olandres. the derogatory statements will not constitute an independent crime of libel but a part of the more serious crime of threats.XIII. OR o any other act performed by public officers in the exercise of their functions.inquirer. 8) Theatrical exhibition. the Pasig City Prosecutor dismissed the charges against them because they have no participation in the creation nor authority to modify the content of the site being hosted where the allegedly libelous remarks were posted. made in good faith. iv. 2) Such act is performed in the presence of other person or persons. iii. child. Under RA 1477. legitimacy of to adultery. THREATENING TO PUBLISH AND OFFER TO PREVENT SUCH PUBLICATION FOR A COMPENSATION Acts Punished: 1) Threatening another to publish a libel concerning – i. IMPORTANT POINTS TO REMEMBER ABOUT THIS ARTICLE: This article is referred to as the Gag Law. • CRIMINAL LAW II Can be grave or simple B. LIBEL Defamation is in writing OR SLANDER Oral defamation UP ALSO of two kinds: Simple Grave: of a serious nature COMPARE: ACTUS REUS resulting in ANNOYANCE = UNJUST VEXATION ACTUS REUS resulting in DAMAGE TO PROPERTY = MALICIOUS MISCHIEF ACTUS REUS + PUBLICITY resulting in DISHONOR = SLANDER BY DEED ACTUS REUS + CIRCUMSTANCES IN RAPE (NO CARNAL KNOWLEDGE) + LEWD DESIGNS = ACTS OF LASCIVIOUSNESS • • 100% UP LAW BAROPS 2008 Page 130 of 155 . ii. which is defined as any unlawful extortion of money by threats of accusation or exposure. virtue and reputation of said person. him. which is punished under ARTICLE 283. or v. 3. spouse. 3) Such facts are offensive to the honor. CRIMES AGAINST HONOR printed media ARTICLE 356. his parents. 2) Offering to prevent the publication of such libel for compensation or money consideration. discredit or contempt upon the offended party. are barred from publication. editor or manager of a newspaper. the surrounding circumstances. etc. UNLESS – • the court or a House or committee of Congress finds that such revelation is demanded by the security of the state. ARTICLE DEED IMPORTANT POINTS ABOUT THIS ARTICLE: TO REMEMBER 359. Newspaper reports on cases pertaining divorce. 4. daily or magazine.XIII. PROHIBITED PUBLICATION OF ACTS REFERRED TO IN THE COURSE OF OFFICIAL PROCEEDINGS Elements: 1) Offender is a reporter. a newspaper reporter cannot be compelled to reveal the source of the news report he made. 3) Such act casts dishonor. ARTICLE 358. personal relations of the accused and the offended party. Blackmail can also be in the form of light threats. ARTICLE 357. Elements: 1) Offender performs any act not included in any other crime against honor. children. social standing and position of the offended party. C. other members of his family. 2) He publishes facts connected with the private life of another. SLANDER Factors that determine the gravity of the oral defamation: 1. expressions used 2. SLANDER BY The essence of this crime is blackmail. The person who publishes. PROOF OF TRUTH When admissible? 1. When the act or omission imputed constitutes a crime regardless of whether the offended party is a private individual or a public officer. 2.com/200 7/03/04/libel-on-the-internetunder-philippine-law-part-ii/) ARTICLE 361. even if the imputation does not constitute a crime. provided it is related to the discharge of his official duties. When the offended party is a Government employee. IMPORTANT POINTS ABOUT THIS ARTICLE: TO REMEMBER RULE OF ACTUAL MALICE: Even if the defamatory statement is false.. 2. with knowledge that it was false or with reckless disregard of whether it was false or not ARTICLE 362. exhibits or causes the publication or exhibition of any defamation in writing or similar means. 8792. 100% UP LAW UP BAROPS 2008 Page 131 of 155 . c) the service provider does not directly commit any infringement or other unlawful act and does not induce or cause another person or party to commit any infringement or other unlawful act and/or does not benefit financially from the infringing activity or unlawful act of another person or party (Section 30. dissemination or distribution of such material is unlawful or infringes any rights. The author or editor of a book or pamphlet. 4.e. The owner of the printing plant which publishes a libelous article with his consent and all other persons who in any way participate in or have connection with its publication. The manager of a daily newspaper magazine or serial publication. 354. cited in http://thewarriorlawyer. shall NOT exempt the author thereof nor the editor or managing editor of a newspaper from criminal liability. if made with malice. LIBELOUS REMARKS Libelous remarks or comments connected with the matter privileged under the provisions of Art. or is not aware of the facts or circumstances from which it is apparent that making. b) the service provider does not knowingly receive a financial benefit directly attributable to the infringing activity. NO liability can attach IF it relates to official conduct. PERSONS RESPONSIBLE FOR LIBEL 1. editor or business 3. UNLESS --• The public official concerned proves that the statement was made with actual malice. CRIMES AGAINST HONOR D. publication. otherwise known as the Electronic Commerce Act. publication.XIII. in relation to Section 5. General Provisions ARTICLE 360. dissemination or distribution of libelous material if: a) the service provider does not have actual knowledge. ECommerce Law. PRIVATE PERSON CRIMINAL LAW II Where to file the criminal action? Who is the offended party? CFI of the province or city where the libelous article is printed and first published PUBLIC OFFICER CFI of the province or city where he held office at the time of the commission of the offense CFI of the province or city where the libelous article is printed and first published CFI of the province or city where he actually resided at the time of the commission of the offense Under Republic Act no. a party or person acting as a service provider incurs NO civil or criminal liability in the making. i. 2) By such an act. Incriminatory Machinations ARTICLE 363.XIII. discredi t. to the damage of the offended party. imputing to the person the commission of a crime DEFAMA TION public and maliciou s imputati on calculat ed to cause dishono r. IMPORTANT POINTS ABOUT THIS ARTICLE: TO REMEMBER As far as this crime is concerned. to enable officers to arrest the subject. INTRIGUING AGAINST Intriguing against honor is referred to as gossiping: the offender. 100% UP LAW UP BAROPS 2008 Page 132 of 155 . where the source of the defamatory nature of the utterance is known. without ascertaining the truth of a defamatory utterance. CRIMINAL LAW II This crime is committed by any person who shall make any intrigue which has for its principal purpose to blemish the honor or reputation of another person. he incriminates or imputes to an innocent person the commission of a crime. be committed incriminatory INTRIGUIN G AGAINST HONOR the source of the defamator y utterance is unknown and the offender simply repeats or passes the same to blemish the honor or reputation of another SLANDER offender made the utterance. or contem pt upon the offende d party ARTICLE HONOR 364. this has been interpreted to be possible only in the so-called planting of evidence. INCRIMINATING INNOCENT PERSON Elements: 1) Offender performs an act. and offender makes a republicati on thereof INCRIMINATI NG INNOCENT PERSON offender performs an act by which he directly incriminates or imputes to an innocent person the commission of a crime INCRIMINATI NG INNOCENT PERSON act of planting evidence and the like in order to incriminate an innocent person PERJURY BY MAKING FALSE ACCUSATIO NS giving of false statement under oath or making a false affidavit. 3) Such act does not constitute perjury. the crime is unlawful arrest through incriminating innocent persons. • If this act is resorted to. This crime cannot through verbal statements. CRIMES AGAINST HONOR E. repeats the same and pass it on to another. Reyes v. 64) based on mitigating and aggravating circumstances are NOT applicable to offenses punishable thru criminal negligence. simple 2. the criminal negligence would only be simple.B. If the danger that may result from the criminal negligence is clearly perceivable. Committing through imprudence or negligence an act which would otherwise constitute a grave or a less serious felony. double jeopardy would arise. Criminal negligence is only a modality in incurring criminal liability. Carillo v. the imprudence is RECKLESS. would constitute a grave or less grave felony or light felony. If it could hardly be perceived. the accused may only be prosecuted under one count for the criminal negligence. Committing through imprudence any act which. only physicians and surgeons of skill and experience are competent to testify as to whether a patient has been treated or operated upon with a reasonable degree of skill and care. 3. ARTICLE 365. if done maliciously. which is a form of negligence. external appearances. 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. 3. would have constituted a light felony. and in like surrounding circumstances. Causing damage to the property of another through reckless imprudence or simple imprudence or negligence.P. of Mercy Hospital (2000) • Elements involved in medical negligence cases: o Duty o Breach o Injury o Proximate causation Acronym: D. simple 4. Page 133 of 155 IMPRUDENCE NEGLIGENCE • Both indicate a deficiency of action • Failure in • Failure in precaution advertence IMPORTANT POINTS TO REMEMBER ABOUT THIS ARTICLE: The rules for graduating penalties (under Art. NEGLIGENCE IMPRUDENCE AND Quasi-offenses punished: reckless 1. 1. QUALIFYING CIRCUMSTANCE: failure to render immediate assistance to the injured party • This qualifying circumstance must be distinguished from the punishable OMISSION under Article 275. 100% UP LAW UP BAROPS 2008 • . and manifest conditions which are observable by any one may be given by non-expert witnesses. o The instrumentality or agency which caused the injury was under the exclusive control of the person in charge. Sis. Ordinarily. and o The injury suffered must NOT have been due to any voluntary action or contribution of the person injured. 2. even if there are several results arising from ONLY ONE CARELESSNESS. • Requisites for the application of res ipsa loquitur: o The accident was of a kind which does NOT ordinarily occur UNLESS someone is negligent. had it been intentional. People (1994) • The gravamen of SIMPLE NEGLIGENCE is the failure to exercise the diligence necessitated or called for by the situation which was NOT immediately lifedestructive BUT which culminated. Pascasio (1997) • MEDICAL MALPRACTICE. • THEREFORE.I. Causing through imprudence or negligence some wrong which. under similar conditions. o HOWEVER. testimony as to the statements and acts of physicians and surgeons. in the death of a human being 3 days later. as in the present case.QUASI-OFFENSES TITLE XIV: QUASI-OFFENSES o CRIMINAL LAW II Otherwise. Garcia-Rueda v. and is required to act without time to consider the best means that may be adopted to avoid the impending danger. CRIMINAL LAW II • Emergency Rule (as a defense): one who suddenly finds himself in a place of danger. if he fails to adopt what subsequently and upon reflection may appear to have been a better method o UNLESS the emergency in which he finds himself is brought about by his own negligence. all that the patient must do is prove a nexus between the particular act or omission complained of and the injury sustained while under the custody and management of the defendant.QUASI-OFFENSES o When the doctrine of res ipsa loquitur is appropriate. is NOT guilty of negligence. 100% UP LAW UP BAROPS 2008 Page 134 of 155 . APPENDIX I: RA 9327 APPENDIX I: RA 9327 Policy (Sec. and c. with the use of any mode. message. actually uses the acts to terrorize shall. 17) → Any organization. 3) → Three-part definition: 1. or to the solution or prevention of. Results/Consequences → thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace 3. 8) → There must be an ex parte application by the police or law enforcement official → The applicant must have authorized in writing by the Terrorism Council been Anti- → Examination under oath or affirmation of the applicant and the witnesses he may produce to esyablish: a. that there is no other effective means readily available for acquiring such evidence Proscription of Terrorist Organizations. there is probable cause to believe based on personal knowledge of facts and circumstances that the said crime of terrorism or conspiracy to commit terrorism has been committed or is being committed or is about to be committed. be declared as a terrorist and outlawed organization. conversation. which is essential to the conviction of any charged or suspected person for. 122) b. or with the use of any other suitable ways and means for that purpose. 7) → Upon written order of the Court of Appeals → “The provisions of RA 4200 to the contrary notwithstanding” 100% UP LAW UP CRIMINAL LAW II → Intercept and record. 134) c. 324*. Objective → in order to coerce the government to give in to an unlawful demand → Penalty is 40 years of imprisonment without the benefit of parole Conspiracy to Commit Terrorism (Sec. Arson (Art. PD No. RA No. Association or Group of Persons (Sec. or which although not organized for this purpose. Murder (Art. association or group of persons organized for the purpose of engaging in terrorism. PD 1613) g. 1866 (Illegal Possession of Firearms and Ammunition) 2. there is probable cause to believe based on personal knowledge of facts or circumstances that evidence. 5207 (Atomic Energy Regulatory and Liability Act of 1968) i. discussion. 2008 Page 135 of 155 BAROPS . Predicate acts a. will be obtained. 267) f. → Condemn terrorism as inimical and dangerous to the national security of the country and to the welfare of the people → Make terrorism a crime against the Filipino people. RA No. 6969 (Toxic substances and Hazardous and Nuclear Waste Control Act of 1990) h. PD No. 2. against humanity and against the law of nations Terrorism (Sec. or spoken or written words between members of a judicially declared and outlawed terrorist organization. 248) e. or group of persons by the court. RA No. 2) → Protect life. 532 (Anti-Piracy and AntiHighway Robbery Law of 1974) k. liberty and property from acts of terrorism. objective 1. Surveillance of suspects and interception and recording of communications (Sec. any such crimes. results/consequences and 3. association or group of persons or of any person charged with or suspected of the crime of terrorism or of conspiracy to commit terrorism Formal Application for Judicial Authorization (Sec. 4) → Penalty is 40 years of imprisonment. b. 134-A) d. upon application of the Department of Justice before a competent Regional Trial Court. kind or type of electronic or other surveillance equipment of intercepting and tracking devices. association or group of persons concerned. Rebellion or insurrection (Art. with due notice and opportunity to be heard given to the organization. 6235 (Anti-Hijacking Law) j. Kidnapping and Serious Illegal Detention (Art. Piracy and mutiny on high seas (Art. Coup d’etat (Art. form. predicate act. association. any communication. and Records (Sec. 3. Examine. placements. → May also be placed under house arrest by order of the court at his or her usual place of residence. although physically outside the territory of the Philippines. the internet or other means of communication with people outside the residence until otherwise ordered by the court. 27. to individuals who. and other persons who may have violated the civil and political rights of persons suspected of. 2. although physically outside the territory of the Philippines. 39) → The deposits and their outstanding balances of persons suspected of terrorism shall be seized. 7 and examination of bank records under Sec. 5. assets and records in a bank or financial institution. Extraterritoriality (Sec.APPENDIX I: RA 9327 CRIMINAL LAW II → Authorize in writing any police or law enforcement officer to: a. sequestered. 55) → CHR shall give highest priority to the investigation and prosecution of violations of civil and political rights of persons in relation to the implementation of this Act. → The arrest of the persons without a judicial warrant must result from surveillance under Sec. emails. to the contrary notwithstanding 100% UP LAW UP BAROPS . Gather or cause the gathering of any relevant information about such deposits. city. he/she may not use telephones. Judicial Authorization Required to Examine Bank Deposits. trust accounts. to individuals who. although physically outside the territory of the Philippines. 26) → Situation contemplated: Bail is granted because “evidence of guilt is not strong” → Court may. or detained for the crime of terrorism or conspiracy to commit terrorism. upon application of the prosecution. commit any of the crimes defined on board any Philippine ship. Periods of Detention in the Event of an Actual or Imminent Terrorist Attack (Sec. 18) → The provisions of Article 125 of the Revised Penal Code to the contrary notwithstanding” → Custody of a person “charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism” → Deliver to the proper judicial authority within a period of three days counted from the moment the charged or suspected person has been apprehended or arrested. transfer. while under house arrest. provincial or regional official of a Human Rights Commission or judge of the nearest court. to individuals who. Accounts. limit the right to travel of the accused to within the municipality or city where he resides or where the case is pending. or conveyance for purposes that are inimical to the safety and security of the people or injurious to the interest of the State. law enforcers. cellphones. conspire or plot to commit any of the crimes defined in the HSA inside the territory of the Philippines. computers. placements. → CHR given the concurrent jurisdiction to prosecute public officials. HSA shall apply to: 1. although physically outside the territory of the Philippines. 19) → Suspects may be detained for more than 3 days with the written approval of the municipal. and b. assets. Sandiganbayan or CA. Expanded Role of the Commission on Human Rights (Sec. 58) → Subject to treaty. individual persons who commit any of the crimes defined and punished within the territory of the Philippines. and frozen in order to prevent their use. accused of. in the interest of national security and public safety. commit. and records from a bank or financial institution. or cause the examination of. Restriction on Travel (Sec. to individuals who. the deposits. commit any of the crimes defined within any embassy. Seizure and Sequestration (Sec. 1405 as amended. trust accounts. detained and taken into custody. commit the crimes defined against Filipinos 2008 Page 136 of 155 Periods of Detention without Judicial Warrant of Arrest (Sec. 27) → Upon written order of the Court of Appeals → Provisions of Republic Act No. 4. CRIMINAL LAW II 100% UP LAW UP BAROPS 2008 Page 137 of 155 .APPENDIX I: RA 9327 or persons of Philippine descent where their ethnicity was a factor. although physically outside the territory of the Philippines. Special Effectivity Clause (Sec. to individuals who. commit the crimes directly against the Philippines. 6. 62) → The provisions of this Act shall be suspended one month before and two months after the holding of any election. The Court also held that the silence in section 2 of RA 3326 as to whether the absence of the offender from the Philippines bars the running of the prescriptive period can only be interpreted to mean that section 2 did not intend such an interruption of the prescription unlike the explicit mandate of Article 91 of the Revised Penal Code. Under section 2. 167693.” and its implementing rules. “The Special Protection of Children Against Child Abuse. People v. The Court noted that the prescriptive period for offenses punishable under RA 3019 was only 10 years prior to its amendment to 15 years by BP Blg. from the discovery thereof and the institution of judicial proceedings for its investigation and punishment. Exploitation. the Court noted that there is no such proceeding instituted against Romualdez to warrant the tolling of the prescriptive periods of the offenses charged against him. 1987 or on May 8. The Court said its ruling effectuates the provisions of RA 7610. 1997.” the Court said.” and its implementing rules. The Court ruled that the prescriptive period of Romualdez’s offenses began to run from the discovery of the offense in 1987 when the PCGG filed the cases. or “The Anti-Violence Against Women and Their Children Act of 2004.” However. 1986 or on May 8. v.” It underscored the fact that the amendatory effects of the law pertain only to the application of the death 2008 Page 138 of 155 BAROPS . “Indeed. the State has lost its right to prosecute Romualdez for the offenses pending before the Sandiganbayan and the Regional Trial Court of Manila. RA 9262. 195 in 1982 and that section 2 of RA 3326. Bon 30 October 2006 The Court ruled that RA 9346 not only prohibits the physical imposition of the death penalty but also effectively removed the penalty of “death” from the graduation of penalties under Article 71 of the Revised Penal Code. and Discrimination Act. Granting his motion for reconsideration. Romualdez Marcelo 28 July 2006 CRIMINAL LAW II affidavit. Likewise. pending before the Sandiganbayan and the Manila City Regional Trial Court in connection with his alleged failure to file his Statements of Assets and Liabilities (SALs) for 1963-1985. On the other hand. Romualdez had been charged with violation of section 7 of RA 3019. the alleged offenses committed by the petitioner for the years 1983-1985 prescribed in 15 years from May 8. fictitious initials will be used. brother of former first lady Imelda Romualdez Marcos. the prescriptive period shall be interrupted “when proceedings are instituted against the guilty person.” Instead.APPENDIX II: CASE UPDATES APPENDIX II: CASE UDPATES Book 1 Page 35 | significant decisions GR Nos. Cabalquinto 19 September 2006 The Court directed that names of women and child victims in sexual abuse cases be withheld in Supreme Court decisions “to respect the dignity and protect the privacy of women and child victims. were not interrupted by any event from the time they began to run on May 8. personal circumstances of the victim-survivors or any other information tending to establish or compromise their identities. shall not be disclosed. Romualdez. 165510-33. the “Anti-Graft and Corrupt Practices Act. “Act to Establish Periods of Prescription for Violations Penalized by Special Acts and Municipal Ordinances and to Provide When Prescription Shall Begin To Run. People v. the alleged offenses committed by [Romualdez] for the years 1962-1982 prescribed in 10 years from May 8. As a consequence.” states that “prescription shall begin to run from the day of the commission of the violation of the law. 166401. 2002. The Court also clarified that the prohibition against the death penalty did not result in the reclassification of those crimes previously defined as “heinous.” the Court said.” Book 1 GR No. 1987.” “The applicable 10-and-15-year prescriptive periods in the instant case. the Supreme Court dismissed on the ground of prescription the graft charges against former Ambassador Benjamin “Kokoy” T.” for allegedly failing to file his SALs for 1967-1985 during his tenure as Ambassador Extraordinary and Plenipotentiary and for 1963-1966 during his tenure as Technical Assistant in the Department of Foreign Affairs. and if the same be not known at the time. and the Court’s own “Rule on Violence Against Women and their Children. as well as those of their immediate family or household members. Thus the Court ruled that Romualdez’s alleged offenses had already prescribed when the Office of the Special Prosecutor initiated the preliminary investigation in 2004 by requiring the former to submit counter100% UP LAW UP Criminal Procedure GR No. People 27 June 2005 Self-Defense In order to consider that unlawful aggression was actually committed. Perez 25 July 2006 PD 603 and RA 7610 May a parent who fails or refuses to do his part in providing his child the education his station in life and financial condition permit. an offensive act positively determining the intent of the aggressor to cause an injury shall have been made. BAROPS 2008 Page 139 of 155 . cruelty or exploitation or be responsible for other conditions prejudicial to the child’s development including those covered by Article 59 of PD 603 “but not covered by the Revised Penal Code. but not covered by the Revised Penal Code. Book 1 G. Special Penal Laws G. 156013. We make no determination of petitioner’s guilt or innocence of the crime charged.APPENDIX II: CASE UPDATES penalty and not to the classification of felonies. while petitioner can be indicted for violation of Article 59(4) of PD 603. even if he has no opportunity to dispose of the same. or apoderamiento. 160188. child abuse. Theft can only be attempted or consummated. 0431-00. People 21 June 2007 Who may be Liable for Theft Unlawful taking. With these considerations. is deemed complete from the moment the offender gains possession of the thing. (emphasis ours) Book 1 and 2 G. Unlawful taking. No. it is excluded from the coverage of RA 7610. as amended. R. Abuse. theft cannot have a frustrated stage. While the Court conceded that it had no choice but to adhere to Article 22 of the Revised Penal Code and extend the retroactive benefits of the enactment of RA 9346 to persons previously convicted of capital offenses (except habitual criminals). 603. the charge against him cannot be 100% UP LAW UP CRIMINAL LAW II made in relation to Section 10(a) of RA 7610 which provides: SEC. What has been ascertained is simply the existence of probable cause for petitioner’s indictment for the charge against him. is the element which produces the felony in its consummated stage. shall suffer the penalty of prision mayor in its minimum period. and should thus be held for trial. – (a) Any person who shall commit any other acts of child abuse. Valenzuela vs. that is. 139369. it stressed that “this decision does not make operative the release of such convicts” as there are other remedies under the law which could be utilized to secure the reasonable release of such prisoners.R. the offense could only be attempted theft. without unlawful taking as an act of execution. Cruelty or Exploitation and Other Conditions Prejudicial to the Child’s Development. we can only conclude that under Article 308 of the Revised Penal Code. be charged for neglect of child under Article 59(4) of PD 603? However. Hence. as amended. if at all. 10.R. a mere threatening or intimidating attitude is not sufficient to justify the commission of an act which is punishable per se. which is the deprivation of one’s personal property. De Guzman vs. The presumption of innocence in his favor still stands. No.” The “neglect of child” punished under Article 59(4) of PD 603 is also a crime (known as “indifference of parents”) penalized under the second paragraph of Article 277 of the Revised Penal Code. At the same time. and allow a claim of justification on the ground that it was committed in self-defense. Other Acts of Neglect. (emphasis supplied) The law expressly penalizes any person who commits other acts of neglect. whether there is sufficient ground to engender a wellfounded belief that a crime has been committed and that petitioner is probably guilty thereof. Petitioner’s guilt should still be proven beyond reasonable doubt in Criminal Case No. cruelty or exploitation or be responsible for other conditions prejudicial to the child’s development including those covered by Article 59 of PD No. No. it is necessary that an attack or material aggression. Sullon vs. Alternative Answer: The penalties that may be served simultaneously are the principal with the accessory penalties. is aware of the nature of the place as such and shall knowingly visit the same A den. What crime can Anastacio be charged with. 5. 2.APPENDIX III: SUGGESTED ANSWERS TO THE 07 BAR QUESTIONS APPENDIX III: SUGGESTED ANSWERS TO THE 07 BAR QUESTIONS CRIMINAL LAW I. not being included in the provisions of the next preceding. Dive or Resort. Answer: Jervis. Upon reaching Tiburcio’s house. sold or used in any form. delivered. public censure. if any? Explain your answer. Jonathan. civil interdiction.000. Jervis and Marlon went inside the bank. (10%) Jervis and Marlon asked their friend. . it would seem that Anastacio MAY BE CHARGED WITH violation of the comprehensive dangerous drugs act. and (b)Any person who. the penalties which could be simultaneously served are the principal penalties and the following: 1. Anastacio agreed. 3. It is robbery with homicide because the original design of the three malefactors was robbery and the homicide occurred during the robbery. Marlon and Jonathan committed a special complex crime of robbery with homicide. distributed. Marlon and Jonathan commit? Explain your answer. Jonathan pulled the car out of the curb. At that precise time. Anastacio discovered that it was actually a shabu session. 7. perpetual special disqualification. Settled is the rule that the crime is still robbery with homicide if the person killed was an innocent bystander and not the 2008 Page 140 of 155 II. III. paragraph. Alternative Answer: Section 7 of RA 9165 is relevant to the case at bar. (10%) What are the penalties that may be served simultaneously? Answer: According to Article 70 of the Revised Penal Code. 9. They contented themselves with the customer’s cellphones and a total of P5. With the exception when you are penalized with two counts or more of death penalty. The facts of the case show that Anastacio was invited by Tiburcio to go over their house (maybe by text or telephone) to join their group for a “session”.00) shall be imposed upon: (a) Any employee of a den. destierro. After they dashed out of the bank and rushed into the car.The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100. to help them rob a bank. dive or resort is defined in Section 1 of the said law as place where any dangerous drug and/or controlled precursor and essential chemical is administered. dive or resort. the place was raided by the police. and Anastacio was among those arrested.confiscation and payment of costs. perpetual absolute disqualification.000 in cash. stored for illegal purposes. fine and bond to keep the peace. temporary special disqualification. Thinking that it was for a mahjong session. indicating that he never took part in the pot session at all.00) to Five hundred thousand pesos (P500. 8. who is aware of the nature of the place as such. 6. Upon his arrival at Tiburcio’s house Anastacio discovered that it was actually a shabu session and at that very 100% UP LAW UP BAROPS . he may assert that he had no intention to perpetrate the same. and 10. Employees and Visitors of a Den. hitting a pedestrian which resulted in the latter’s death. Section 7. Answer: Based on the given facts.000. CRIMINAL LAW II moment the place was raided by police. temporary absolute disqualification. suspension. but for his exculpation. (10%) Tiburcio asked Anastacio to join their group for a "session". Several counts of death penalty is simultaneously served for the convict could only be executed once. but were unable to get any money from the vault because the same was protected by a time-delay mechanism. What crime or crimes did Jervis. 4. he is not exempt from payment of indemnity although exempt from criminal liability. Although destierro does not involve imprisonment. his best friend. even if they did not actually participate in the homicide. b. conformably with Article 247 of the Revised Penal Code. Distinguish between an accomplice and a conspirator. (10%) Macky. Macky pulled out his service gun and shot and killed Ken. a conspirator is one who enters into an agreement with one or more person to commit a crime and decide to commit it. priest) 3.000. the crime would be committed just the same. What are the three (3) classes of offender in the crime of qualified seduction? Give an example of each. while he is serving his sentence. teacher) 2. and such entry is already an evasion of his sentence of destierro. The case at bar shows that the act committed by Macky is not one of these circumstances. his wife. Answer: Yes. Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches. and 2) failure to perform an act required by law when prevented by some lawful or insuperable cause. they are : 1) injury caused by mere accident . One of the grounds for the disqualification for the application of ISLAW is evasion of sentence. He was shocked to see Joy. Those who abuse the confidence reposed in them (ex. (b)The three classes of offender in the crime of qualified seduction are : 1. he entered the prohibited area. (10%) a. all those who took part in the robbery are guilty as principals in the special complex crime of robbery with homicide. As a rule. arrived home late one night after rendering overtime. and Ken. emblems etc. (10%) What are the different acts of inciting to sedition? Answer: 1. Those of abuse their authority (ex. 1948) V. and while evading his sentence. IV.APPENDIX III: SUGGESTED ANSWERS TO THE 07 BAR QUESTIONS person robbed and even if the death was supervened by mere accident. the court is correct. GR No. it is settled that a sentence imposing the penalty of destierro is evaded when the convict enters any of the place he is forbidden from entering under the sentence (PP vs. he committed another crime. L-1960. While serving his sentenced. writings. Jervis and Marlon cannot claim that it was Jonathan who ran over and killed the pedestrian and therefore they are not liable for robbery with homicide because it is well entrenched in our jurisprudence that when a homicide takes place as a consequence of or on occasion of robbery. As the fact provided. Macky entered the prohibited area and had a pot session with Ivy (Joy’s sister). which is an absolutory cause or exempting circumstances. Therefore. Is Macky entitled to an indeterminate sentence in case he is found guilty of the use of 100% UP LAW UP Answer: Macky is not entitled to ISLAW. proclamations. a security guard. The court also ordered Macky to pay indemnity to the heirs of the victim in the amount of P50. Answer: (a) An accomplice is one who knew the criminal design of the principal and knowingly or intentionally participated therewith by an act which even if not rendered. exemption from criminal liability by reason of an exempting circumstances does not include exemption from civil liability. in the act of having sexual intercourse. Those who abuse their relationship (ex. The court found that Ken died under exceptional circumtances and exonerated Macky of murder but sentenced him to destierro. Macky was exonerated of murder because of the benefit granted to him by law under Art. he is not entitled to ISLAW. brother who seduced his sister) VI. Did the court correctly order Macky to pay indemnity even though he was exonerated of murder? Explain your answer. b. There are only two circumstances which are allowed as exceptions to this rule. CRIMINAL LAW II Explain prohibited substances? your answer. Abilong. BAROPS 2008 Page 141 of 155 . 247 of the Revised Penal Code. 26 Nov. For this reason. a. Not only that. not estafa. Unfortunately. the elements of reckless imprudence are evident in the acts done by accused-appellants which consists in voluntarily. Moreover. It cannot be estafa (through unfaithfulness and abuse of confidence) because the element of “demand made by offended party against the malefactor” is not present in the case at bar. The fact that she as manager had custody of the ledger and had access in the preparation of financial report suffices to designate the crime as qualified theft as she gravely abused the confidence reposed in her by the rice mill owner. would you sustain the conviction upon appeal? Explain your answer. Knowingly concealing such evil practice CRIMINAL LAW II ailment and none of whom is a medical practitioner.APPENDIX III: SUGGESTED ANSWERS TO THE 07 BAR QUESTIONS 2. What crime/s did Fe commit. They are. With the permission of Eddie. In order to support a gambling debt. The examiner only changed the actors. G.. The facts show the accused-appellants lack medical skill in treating the boy’s alleged 100% UP LAW UP VIII (10%) Fe is the manager of a rice mill in Bulacan. Alternative Answer: My answer is anchored on the principle that a servant. If you are appellate court Justice. which is an essential element. Uttering seditious words or speeches which tend to disturb the public peace. the accused-appellants had no criminal intent to kill the boy. The crime of qualified theft was complexed with the falsification of commercial document because the latter crime was a necessary means to commit the crime of qualified theft. (10%) Eddie brought his son Randy to a local faithhealer known as "Mother Himala. the procedure conducted resulted in the boy’s death. the boy’s father. VII. et al.R. which qualified the crime of theft. Unfortunately. Answer: Note: The facts of the case are exactly same as those in People of the Philippines vs. 2008 Page 142 of 155 BAROPS . Fe made it appear that the rice mill was earning less than it actually was by writing in a "talaan" or ledger a figure lower than what was collected and paid by their customers. Writing. 3. she accomplished the crime without the use of violence against or intimidation of persons or force upon things. which tend to disturb the public peace. publishing. I would not sustain the conviction of the lower court. The faith healer and three others who were part of the healing ritual were charged with murder and convicted by the lower court. the “treatment” resulted in the death of the boy. Thus. guilty of reckless imprudence resulting in homicide and NOT of murder. There was an evident falsification of commercial document since Fe. Carmen. made an untruthful financial statement in the ledger (a private document). 26 March 2001. If any? Explain your answer. the faithhealer and three others proceeded to subject the boy to a “treatment” calculated to drive the bad spirit from the boy’s body. Fe has no onerous obligation to deliver something of value. Answer: Fe committed a complex crime of qualified theft through falsification of commercial document." He was diagnosed by the faithhealer as being possessed by an evil spirit. a private individual. 137268. In the case at bar. doing or failing to do an act from which material damage results by reason of inexcusable lack of precaution on the part of the person performing such act. therefore. but without malice. or 4. No. Fe then pocketed the difference. domestic or employee who misappropriates a thing of his master is guilty of qualified theft. or circulating scurrilous libels against the government or any of the duly constituted authorities thereof. it must be observed that the “treatment” performed over the victim was consented to by Eddie. Eddie thereupon authorized the conduct of a "treatment" calculated to drive the spirit from the boy’s body. No. It is qualified theft because the facts of the case show that Fe took a personal property belonging to the rice mill owner without the latter’s consent. she did it with intent to gain (she pocketed the money and used it to support her gambling debt). Their liability arises from reckless imprudence because they ought that to know their actions would not bring about the cure. and she committed the theft with grave abuse of confidence. In this case the SC ruled that the crime is not grave coercion but unjust vexation. The crime is not estafa because falsification of private document was committed as a means to commit estafa. causing injuries which resulted in the latter’s confinement in a hospital for twelve days. 1997). The act of the accused is not such a serious threat amounting to coercion but merely the crime of unjust vexation. in toto copied from Reyes Book 2.. Available http://phbar. Unchallenged is the rule that if the falsification of a private document is committed as a means to commit estafa. When the crowd still pushed forward. if any? Explain your answer. We may refer to Maderazo vs. The crime merely annoys the victim. (2) that the falsification was committed in any private document [ledger]. [A. 165065. It is falsification of private document because of the presence of all elements of this crime in the case at bar. 100% UP LAW UP BAROPS 2008 Page 143 of 155 .R. People vs. CRIMINAL LAW II X." What crime/s did Giovanni commit.org/viewforum. Source: 2007 Bar Questions. and in order to prevent the crowd from rushing to the stage. I was tempted to answer illegal discharge of firearm and have it complexed but I refrained since his discharge of firearm was lawful and that is to warn the crowd and prevent them from rushing to the stage but he lacked the necessary care in disregarding that the bullet might ricochet and hit the people. Do not open it or else something may happen to you. the proper crime to be charged is falsification of private document only. When Pinky refused to pay her rental. Fundamentals of Criminal Law Review (9th ed. Rafael fired his gun into air to scare them off. which are : (1) that the offender committed an act of falsification [making untruthful statement of facts on the ledger]. People. 464] Another Alternative Answer: Fe committed a crime of falsification of private document.APPENDIX III: SUGGESTED ANSWERS TO THE 07 BAR QUESTIONS There is no crime of estafa through falsification of private document because the immediate effect of the latter is same as that of estafa. Gregorio. (10%) Pinky was a lessee of a market stall owned by Giovanni. 09 June 2008. Answer: It was reckless imprudence resulting to less serious physical injuries. Rafael Padilla {a security guard} pointed his gun at the onrush of people. Bar Exams Forum (Philippines). (10%) During a concert of Gary V. page 599. and (3) that the falsification caused damage to a third party [rice mill owner suffered pecuniary loss]. Giovanni nailed some wooden barricades on one of the sides of the market stall and posted this warning: "We have closed this portion of the door. Neither the crime is a complex crime of estafa through falsification of private document because it is settled that there is no such complex crime. No. There is a recent case having similar facts with the case at bar. p. IX. Answer: Note: This is an old CA case. G. 26 September 2006. ricocheted and then hit one of the stage crew members. 66 OG 10533.php?f=33& sid=02b73c31f470c9889204de4fa6ea4cff . Banzon. However. What crime/s did Rafael commit? Explain your answer. the bullet hit one of the metal roof supports. he is not permitted by his official function to arrest and detain persons. The detention of the driver is incidental to the supposed crime he did not commit. Was there a crime of arbitrary detention or unlawful arrest? A. he was not given place under booking sheet or report arrest. He stepped out of the men’s room and locked the same. Is the janitor liable for arbitrary detention? A. A municipal treasurer has been courting his secretary. The hi-jackers threatened to detonate Q6. The janitor resented this. he opened the cell and told B to go home. B was apprehended by A. No. Illegal detention. While the offender is a public officer. he was actually urinating partly on the floor. A janitor at the Quezon City Hall was assigned in cleaning the men’s room. Q7. Q3. In CRIMINAL LAW II Q5. Either arbitrary detention or illegal detention was committed. The separate crime of grave threat is not committed. Arbitrary detention. but if he cannot leave the place. Thereafter. This is considered as a qualifying circumstance that shall serve to increase the penalty. he is actually depriving the arrested of his right to bail. But if after putting B inside the cell. his duty does not include the authority to make arrest. B was brought to the Traffic Bureau and was detained there until the evening. did not want to contribute to the tong. The fellow was able to come out only after several hours when people from the outside forcibly opened the door. One afternoon. Even if he is a public officer. hence. he noticed a fellow urinating so carelessly that instead of urinating at the bowl. The period fixed by law under Article 125 does not apply because the arrest was made by virtue of a warrant of arrest. she tried to avoid him. What crime was committed? A. B. had been collecting tong from drivers. This is because the municipal treasurer has no authority to detain a person although he is a public officer. One day. even if he is free to move as he pleases. There is no time limit specified except that the return must be made within a reasonable time. When a person is arrested without a warrant. The crime remains to be a violation of the anti hi-jacking law. telling him that he was driving carelessly. He left. but the penalty thereof shall be higher because a passenger or complement of the aircraft had been killed. As long 2008 Page 144 of 155 100% UP LAW UP BAROPS . then the crime would be unlawful arrest.APPENDIX IV: Q&A APPENDIX IV: Q&A Q1. officer who has arrested a person under a warrant of arrest turn over the arrested person to the judicial authority? A. What crime or crimes were committed? A. the crime committed is illegal detention. a driver. a passenger or complement was shot and killed. Q2. The crime of homicide or murder is not committed. A a bomb in the course of the hi-jack. When A returned. he is guilty only of illegal detention. although free to move about. But if there is no supposed crime at all because the driver was not charged at all. blindfolded. The arrest of B was only incidental to the criminal intent of the offender to detain him. then that means that the only purpose of the offender is to stop him from driving his jeepney because he refused to contribute to the tong. Therefore. One day. it means that there is no case filed in court yet. Within what period should a police Q4. However. Again. he was turned over to the investigating officer who booked him and filed a charge of reckless imprudence against him. the municipal treasurer locked the secretary inside their office until she started crying. The offended party was brought to a the course of the hi-jack. If the arresting officer would hold the arrested person there. Reckless driving carries with it a penalty of immediate detention and arrest. the latter always turned him down. the crime is violation of the anti hi-jacking law. arbitrary detention or illegal detention is committed. Was arbitrary or illegal detention committed? A. What crime or crimes were committed? A. If a person is brought to a safe house. place which he could not leave because he does not know where he is. The treasurer opened the door and allowed her to go home. A. because a Filipino cannot be deported. the arrested person cannot obtain bail because bail may only be granted by the court. This crime refers only to aliens. The policeman made a pass at the daughter. (Suggested): were just put on the first aircraft which brought them to the country so that they may be out without due process of law. there was a typhoon so the suspect could not be brought to Manila until three days later. if there was conspiracy between the offender/s committing the coup d’etat and the offenders committing the rebellion. Moreover. Art. Can there be a complex crime of Q8. 48. the convict will be required to serve the unserved portion of the sentence. There was a violation of Article 125. It was the owner of the house who let the policeman in. where the crime was committed. coup d’etat with rebellion? A. as to whether he is liable. the arresting officer. Q15. When the two crimes are not distinct. 48 does not properly apply. Expulsion. This is tantamount to entering against the will of the owner. Q10. Was there a crime committed? A. The typhoon or flood is a matter of defense to be proved by the accused. While their principal offenders may be different. Yes. whereas rebellion does not so require. Under a substantive offense? Article 159. Instead. 2008 Page 145 of 155 . Yes. Q14. not expulsion. Since the two crimes are essentially different and punished with distinct penalties. The owner obliged and had his daughter serve the police some coffee. the crime of coup d’etat may be committed singly. The arrest of the suspect was done in Baguio City. 48 may be applied. there is no legal impediment to the application of RPC Art. Art. The entering is not surreptitious. national police or a public officer. both crimes are political in purpose and directed against the Government. This is possible because the offender in coup d’etat may be person or persons belonging to the military. what crime is committed? coercion. What crime or crimes were possibly committed? A. the crime of one would be the crime of the other and vice versa. Is the violation of conditional pardon A. No. The owner of the house asked him to leave. The spirit of the law is to have the arrested person delivered to the jurisdiction of the court. On the way to Manila. (2)There is no new penalty imposed for the violation of the conditional pardon. Grave Yes. A person surreptitiously enters the dwelling of another. 100% UP LAW UP BAROPS (1)There is a penalty of prision correccional minimum for the violation of the conditional pardon. A policeman took shelter in one person’s house. In this situation. whereas rebellion requires a public uprising and taking up arms to overthrow the duly constituted government. Does this fall under Article 128? A. The crimes committed are (1) qualified trespass to dwelling under Article 280. Certain aliens were arrested and they A. The crime committed was arbitrary detention in the form of delay in the delivery of arrested person to the proper judicial authority. if there was an express or implied prohibition against entering. By conspiracy. Coup d’etat and sedition are essentially different and distinctly punished under the RPC. The essence is the same and thus constitute only one crime. Can coup d’etat be complexed with sedition? Q9. and (2) violation of domicile in the third form if he refuses to leave after being told to.APPENDIX IV: Q&A as there is no charge in the court yet. he may be exempt under Article 12(7). coup d’etat may not be complexed with sedition. CRIMINAL LAW II Q13. Was there a violation of Article 125? A. If a Filipino citizen is sent out of the country. It was raining heavily. Q11. (Alternative): No. Sedition may not be directed against the Government for it can be nonpolitical in objective but coup d’etat is political in objective for it is directed against the Government and led by persons/public officers belonging to the military/national police. there situations provided: are two Q12. is not committed because they do not collect the precious metal content that is being scraped from the coin. X has in his possession a coin which was legal tender at the time of Magellan and is considered a collector’s item. A certain customer in a restaurant wanted to show off and used a P 20. under the Revised Penal Code. they may then counterfeit money of legal tender. CRIMINAL LAW II Q18. people may at the beginning try their ingenuity in imitating money not of legal tender and once they acquire expertise. Is the crime committed? A. He was guilty of arrested for violating of Presidential Decree No. Former President Ferdinand Marcos declared upon declaration of martial law that all bills without the Bagong Lipunan sign on them will no longer be recognized. He manufactured several pieces of that coin. Q20. is there a violation of Presidential Decree No. If it were otherwise. Sometime before martial law was Q16. her act would result in the diminution of the coin in circulation. But if the remitted portion of the sentence exceeds six years. there is an added penalty of prision correccional minimum for the violation of the conditional pardon. The people playing cara y cruz. This has been highly criticized. She was guilty of violating Presidential Decree No. Yes. Q19. However. An old woman who was a cigarette Q17. Because of this. imposed. Was the old woman guilty of violating Presidential Decree No. 247? A. 247? A. On this. 247? A. Q21. people who came up with a lot of money were also being charged with hoarding for which reason certain printing presses did the stamping of the Bagong Lipunan sign themselves to avoid prosecution. 247 is violated by such act. 247. 2008 Page 146 of 155 100% UP LAW UP BAROPS . Yes. vendor in Quiapo refused to accept one-centavo coins for payment of the vendee of cigarettes he purchased. the people had no choice but to surrender their money to banks and exchange them with those with the Bagong Lipunan sign on them. The Supreme Court. the old woman accepted in her hands the onecentavo coins and then threw it to the face of the vendee and the police. In other words. 247. However. 247. Then came the police who advised her that she has no right to refuse since the coins are of legal tender. It is not necessary that the coin be of legal tender. When the image of Jose Rizal on a five-peso bill is transformed into that of Randy Santiago. Is the crime of mutilation committed? A. 247? A. Mutilation. Anyone who is in possession of defaced money is the one who is the violator of Presidential Decree No.APPENDIX IV: Q&A If the remitted portion of the sentence is less than six years or up to six years. has ruled in the case of Angeles v. this will amount to violation of Presidential Decree No. before they throw the coin in the air would rub the money to the sidewalk thereby diminishing the intrinsic value of the coin. the violation of the conditional pardon is not a substantive offense because no new penalty is imposed for the violation. however. This act of the printing presses is a violation of Presidential Decree No.00 bill to light his cigarette. Was there a violation of Presidential Decree No. hence. Jose that this is not a substantive offense. Was he guilty of violating Presidential Decree No. the violation is a substantive offense if the remitted portion of the sentence does not exceed six years because in this case a new penalty is imposed for the violation of the conditional pardon. Presidential Decree No. Yes. the people lost confidence in banks that they preferred hoarding their money than depositing it in banks. The provision punishing counterfeiting does not require that the money be of legal tender and the law punishes this even if the coin concerned is not of legal tender in order to discourage people from practicing their ingenuity of imitating money. 247 because if no one ever picks up the coins. you have to qualify your answer. Q25. He presented this ticket to the Philippine Charity Sweepstakes Office. A cannot be charged of falsification because the booklet of residence certificates found in his possession is not in the nature of “document” in the legal sense. this crime is committed when the figures or words are changed which materially alters the document. it was found out that the certificates were indeed printed with a booklet of supposed residence certificates. It can only be a consummated forgery if the document which purports to be genuine is given the appearance of a true and genuine document. This is illegal possession with intent to use materials or apparatus which may be used in counterfeiting/forgery or falsification. he removed it and the printing on the twenty-peso bill was reproduced on the mimeo paper. the Supreme Court ruled that what was committed was an impossible crime. The crime committed is a violation of Presidential Decree No. the crime is frustrated because he has done all the acts of execution which would bring about the felonious consequence but nevertheless did not result in a consummation for reasons independent of his will. He applied toothache drops on one side of the bill. in his desire to earn something. The intention of Presidential Decree No. He took the reverse side of the P20 bill. He was apprehended and was prosecuted and convicted of forgery. Was the crime of forgery committed? A. applied toothache drops and reversed the mimeo paper and pressed it to the paper. Where the alteration is such that nobody would be deceived. Q22. it could be seen that it is not genuine. the printing was inverted. Was the old man guilty of forgery? A. Was the crime of forgery committed? A. He was brought to the police precincts on suspicion that the certificates he was selling to the public proceed from spurious sources and not from the Bureau of Treasury. Because of the impossibility of deceiving whoever would be the person to whom that ticket is presented. scraped it a little and went to a sari-sari store trying to buy a cigarette with that bill. that the decision has been criticized. What he overlooked was that. it is at most frustrated. Instead of the peso sign (P). No. After sometime. A person has a twenty-peso bill. Q23. the Supreme Court of Spain ruled that the crime is frustrated. cut out a digit from another ticket and pasted it there to match the series of digits corresponding to the winning sweepstakes ticket. somebody replaced it with a dollar sign ($). the crime is forgery. 247 is not to punish the act of defrauding the public but what is being punished is the act of destruction of money issued by the Central Bank of the Philippines. Public Q24. Upon verification. An old man. it is not possible because by simply looking at the forged document. Crime committed is violation of Article 176 (manufacturing and possession of instruments or implements for falsification). But the alteration is so crude that even a child can notice that the supposed digit is merely superimposed on the digit that was scraped. They are mere forms which are not to be completed to be a document in the legal sense. He has a mimeograph paper similar in texture to that of UP BAROPS officers found a traffic violation receipts from a certain person. 247. In checks or commercial documents. Forgery was not committed. The Supreme Court ruled that it was only frustrated forgery because although the offender has performed all the acts of execution. scraped a digit in a losing sweepstakes ticket. After sometime. Note.APPENDIX IV: Q&A 247. CRIMINAL LAW II the currency note and placed it on top of the twenty-peso bill and put some weight on top of the paper. In a case like this. Q26. Where the currency note. one could easily see that it is a forgery. however. He cut it out. What crime was committed? A. Otherwise. when he placed the bill. he removed it and it was reproduced. Page 147 of 155 100% UP LAW 2008 . A is one of those selling residence certificates in Quiapo. obligation or security has been changed to make it appear as one which it purports to be as genuine. The receipts were not issued by the Motor Vehicle Office. The forged instrument and currency note must be given the appearance of a true and genuine document. by resolution of Q27. Even totally false documents may be falsified. It not being completed yet. Q32. the crime of falsification may be committed. It cannot be a crime of usurpation of official functions. the document does not qualify as a document in the legal sense. (3) Vagrancy under Article 202 if the estate is not fenced or there is no clear prohibition against entering. He contended that only a genuine document could be falsified.APPENDIX IV: Q&A For what crime should he be prosecuted for? A. not dwelling. the Monetary Board. CRIMINAL LAW II consent of the owner or overseer thereof. The crime is malversation. What crime under the Revised Penal Q29. A. There is no crime of malversation through negligence. Malversation under Article 217. No. there being no name of any erring driver. what are the crimes that may have been committed? A. plain and simple. whether the document is genuine or not. it is considered a document. One who conspires with a woman in the prostitution business like pimps. This crime. (2)Attempted theft under Article 308. The spinster went to the prosecutor’s office to verify the exact amount and found out that there was no charge against her. but the offender entered without the consent of the owner or overseer thereof. whether committed through dolo or culpa. Yes. Theof later receives a valuable gift from a bank under investigation by the Central Bank. No. bears a relation between 2008 Page 148 of 155 BAROPS . Tomas. under which such act of receiving a valuable gift is punished. Theof may not be prosecuted under RA 3019 but he can be prosecuted for violation of PD 46. Can there be prostitution by conspiracy? A. Q31. Writing may be on anything as long as it is a product of the handwriting. Although Theof is a “public officer” within the application of RA 3019. It is capable of speaking of the facts stated therein. paragraph 3. if the estate is fenced and the offender entered the same to hunt therein or fish from any waters therein or to gather any farm products therein without the 100% UP LAW UP Code carries the same penalty whether committed intentionally or through negligence? A. The document remains to be a mere form. It may be the intention but no overt act was yet performed by him. a retired manager of a leading bank as a consultant. Can the writing on the wall be considered a document? A. May Theof be prosecuted under RA 3019 for accepting the gift? Explain. taxi drivers or solicitors of clients are guilty of the crime under Article 341 for white slavery. his act of receiving the gift does not appear to be included among the acts punished by said law since he did not intervene in his official capacity in the investigation of the bank that gave the gift. therefore. hires Theof Sto. Penal laws must be construed against the state and Theof is also administratively liable. He was apprehended only while he was standing on the street suspiciously. The lawyer was prosecuted for falsification. (1)Trespass to property under Article 281 if the estate is fenced and there is a clear prohibition against entering. Q30. As long as any of the acts of falsification is committed. The crime of malversation can be committed only by an officer accountable for the funds or property which is appropriated. Q28. He was not arrested while performing such overt act. The spinster agreed to pay. When a person is apprehended loitering inside an estate belonging to another. the same penalty is imposed whether the malversation results from negligence or was the product of deliberate act. The Central Bank. What is referred to here is estate. In a case where a lawyer tried to extract money from a spinster by typing on a bond paper a subpoena for estafa. There is no crime of malversation under Article 365 – on criminal negligence – because in malversation under Article 217. Rule. A. Neither can he be prosecuted for falsification because the document is not completed yet. must be accountable for the funds or property misappropriated by him. Q35. he is supposed to account for it as evidence for the prosecution of the offender. conducted a public auction sale. Accountable officer does not refer only to cashier. What crime was committed? A. disbursing officers or property custodian. Payment of the amount misappropriated or restitution of property misappropriated does not erase criminal liability but only civil liability. Q38. Any public officer having custody of public funds or property for which he is accountable can commit the crime of malversation if he would misappropriate such fund or property or allow others to do so. he is liable for the loss. after deducting the sheriff’s fees due to the office. It will be qualified theft if there is abuse of confidence. Q37. A is guilty of malversation through negligence because he did not exercise due diligence in the safekeeping of the funds when he did not lock the drawer of his table. to commit malversation. malversation is committed also. he came out of hiding and surrendered the firearm. An unlicensed firearm was confiscated by a policeman. Under jurisprudence. The crime committed was malversation. when the public officer leaves his post without locking his drawer. the property subject of a judgment. told the custodian to leave the door of the cell unlocked for the prisoner to escape. The offender. The sheriff. the crime committed is theft. Is there a crime committed? A. such proceeds is impressed with the characteristic of being part of public funds. The infidelity is only committed by the custodian. The Supreme Court ruled that the sheriff committed the crime of malversation because the proceeds of the auction sale was turned over to the plaintiff. B took advantage of A’s absence and took P50. there is negligence. No. A member of the Philippine National Police went on absence without leave. The crime committed is malversation because that firearm is subject to his accountability. Insofar as B is concerned. Actually. spent part of that amount. After two years. He was charged with malversation of the firearm issued to him. CRIMINAL LAW II requested his employee B to watch over his table while he goes to the restroom. What crime was committed? A. He gave the balance to the plaintiff and executed a promissory note to pay the plaintiff the amount spent by him. A returned and found his money short. Having taken custody of the firearm.APPENDIX IV: Q&A the offender and the funds or property involved. Can the buyer be liable under the A. this crime is delivering prisoners from jail. What crime had been committed? A. If he is not the one accountable but somebody else. the policeman sold the firearm. He received the proceeds of the public auction. When private property is attached or seized by public authority and the public officer accountable therefor misappropriates the same. the proceeds are to be delivered to the plaintiff. Q33. What crimes have been committed? A. It is not infidelity in the custody of prisoners because as far as the private person is concerned. Instead of turning over the firearm to the property custodian for the prosecution of the offender. The sheriff. Q34. Employee A of the municipality placed all his collections inside his table and 100% UP LAW UP BAROPS 2008 Page 149 of 155 . but malversation. The sheriff is accountable therefore because he is not supposed to use any part of such proceeds. Q36. If a private person approached the custodian of the prisoner and for a certain consideration. the crime is qualified theft.00 out of the collections. after having levied on Anti-fencing law? The crime is neither theft nor robbery. There was a long line of payors on the last day of payment for residence certificates. This crime can be committed also by a private person if the custody of the prisoner has been confided to a private person. Thus. The crime is serious physical injuries because the problem itself states that the injury would have produced a deformity. He was convicted under Article 263 (4). No. among them A and B. Suggested): No. Q41. the act of trying to commit suicide is not a felony under the Revised Penal Code. This is a case of therapeutic abortion which is done out of a state of necessity. If the offender can not post the bond. A(Alternative): Yes. In a free-for-all brawl that ensued Q40. that finally put the customers back to their senses. If it was the woman doing the violence upon herself. B’s gunshot that inflicted the fatal wound may not be imputed to A because conspiracy does not exist in a free-for-all brawl or tumultuous affray. because he fired his gun only to pacify the unruly customers of the club and had no intent to kill. where the woman tried to commit suicide. The fact that the plastic surgery removed the deformity is immaterial because in law what is considered is not the artificial treatment but the natural healing process. What is contemplated in unintentional abortion is that the force or violence must come from another. Q43. and (2) violation of the Dangerous Drugs Act of 1972. the requisites under Article 11. In this case. guns were fired by a group. For example. It was held that accused can not be convicted of serious physical injuries. a deformity would have been produced on the face of the victim. After the plastic surgery. A contends his liability.In a case decided by the Supreme Court. CA). Subsequent investigation revealed that B’s gunshot had inflicted a fatal wound on the deceased and A’s gunshot never materially contributed to it. the scar disappeared. which is penalized under Article 356. Therefore.APPENDIX IV: Q&A Q39. Q44. as amended. a person threatens to expose the affairs of married man if the latter does not give him money. Do you agree? A. The offender threw acid on the face of the offended party. the crime will be intentional abortion. There must be no other practical or less harmful means of saving the life of the mother to make the killing justified. The one penalized in suicide is the one giving assistance and not the person trying to commit suicide. There is intimidation done under a demand. The crimes committed are (1) intentional abortion. 6425 (The Dangerous Drugs Act of 1972). one customer died. Intent to kill is inherent in the use of a firearm (Araneta vs. if at all. who aborts the fetus to save the life of the mother? A. What is the liability of a physician after some customers inside a night club became unruly. and therefore. If the abortive drug used in abortion is a prohibited drug or regulated drug under Presidential Decree No. He is liable only for slight physical injuries because the victim was not incapacitated. the crime will be one of libel. Were it not for timely medical attention. what are the crimes committed? A. None. He appealed because. it must be to bring about an abortion. of the Revised Penal Code must be present. he will be banished by way of destierro to prevent him from carrying out his threat. is limited to slight physical injury. paragraph 4. in the course of the trial. What crime was committed? In what stage was it committed? A. A CRIMINAL LAW II with serious physical injuries because the injuries produced a scar. She did not die but an abortion followed. He should be liable for attempted homicide because he inflicted said injury with the use of a firearm that is a lethal weapon. 2008 Page 150 of 155 BAROPS . accused was charged 100% UP LAW UP constitutes what crime? A. She jumped out of a window of a building but she landed on a passerby. the offended party was more handsome than before the injury. Blackmailing Q42. It is a crime of light threat under Article 283 if there is no threat to publish any libelous or slanderous matter against the offended party. Is she liable for unintentional abortion? A. If there is such a threat to make a slanderous or libelous publication against the offended party. and there was no evidence that the medical treatment lasted for more than nine days. Unfortunately. pregnant woman decided to commit suicide. A and B are liable only for their acts.The law imposes the penalty of bond for good behavior only in case of grave and light threats. B issued A a postdated check that the latter negotiated for a new tire. lamented the fact that a great majority of those serving in the said agencies were utterly dishonest and corrupt. Suppose a child. the crime is only theft. They loaded some of the merchandise inside claiming that it is the product of hoarding and then drove away. Note that in the crime of robbery with force upon things. was taken to and left in the midst of a lonely forest. anything taken inside. et al. as the act of the offender is an attempt against the life of the child. Certain men pretended to be from the Price Control Commission and went to a warehouse owned by a private person. what then is the crime committed? A. the taking will only give rise to theft. Dolo is absent since B issued the check only to help A. (Suggested): A who negotiated the unfounded check of B may only be prosecuted for estafa if he was aware that there were insufficient funds at 100% UP LAW UP birth. During a seminar workshop attended by government employees from the Bureau of Customs and BIR.. without breaking of any sealed or closed receptacle. and not a place devoted to religious worship. the check bounced for lack of funds. In court. however. of each of the two accused? A. a replenishment of his account soon. leaving a zero balance. What crime was committed by the person who left it in the forest? A. The crime would fall under the second paragraph of Article 347. B temporarily exhausted his bank deposits. Q48. A filed a Motion to Quash the information. even though there is simulation of public authority in committing the taking or even if he used a fictitious name. Anticipating. When presented. for value. The guard obliged. On his way. Otherwise. Q47. one of A’s car tires blew up. Capillo. B is not liable for estafa because facts indicate he had no intent to defraud anyone in issuing the check. The purpose of the woman is to cause the child to lose its civil status so that it may not be able to share in the inheritance. See US v. if any. and he was found by a hunter who took him home. in the course of his lecture. Q49. 30 Phil. the speaker. claiming the facts alleged do not constitute an offense.APPENDIX IV: Q&A CRIMINAL LAW II the time of the negotiation. The next morning. If the offender had already entered when these means were employed. A woman who has given birth to a child abandons the child in a certain place to free herself of the obligation and duty of rearing and caring for the child. Q50. It is only theft because the premises where the simulation of public authority was committed is not an inhabited house. If you were the judge. The tire company filed criminal charges against A and B. If those means do not come within the definition under the Revised Penal Code. The crime committed is abandoning a minor under Article 276.e. knowing that he had no sufficient funds at that time and that A will negotiate it to buy a new tire. What would be the criminal liability. What crime is committed by the woman? A. not a public building. the whole group of employees in the two agencies who attended the seminar filed a criminal complaint against A for uttering what they claimed to be defamatory statements of the lecturer. will not give rise to robbery. i. 349. how would you resolve the motion? Page 151 of 155 BAROPS 2008 . What crime was committed? A. Before A left the following meeting. what should be considered is the means of entrance and means of taking the personal property from within. he asked B to lend him money so he could buy a new spare tire. he is not criminally liable. Where the house is a private building or is uninhabited. A. They told the guard to open the warehouse purportedly to see if the private person is hoarding essential commodities there. one day after his Q46. Q45. B who accommodated A with his check may be prosecuted under BP 22 for having issued the check. A & B agreed to meet at the latter’s house to discuss B’s financial problems. They went inside and broke in. Suppose that the purpose of the woman is abandoning the child is to preserve the inheritance of her child by a former marriage. It is attempted infanticide. Those means must be employed in entering. 5% grounds for under Article 365? A. Moreover. Under what situations may a private person enter any dwelling.5% Q56. What Q51. RA 4136) past 10 years. the statement is not actionable as defamatory.APPENDIX IV: Q&A A. 55 of the Land Transportation Code. felt that his retirement at the age of 70 gave him the opportunity to engage in his favorite pastime . It is not applicable in cases under this article on the criminal aspect. without malice. The crime of libel or slander is a crime against honor such that the person/s dishonored must be identifiable even by innuendoes: otherwise the crime against honor is not committed (Newsweek vs. in this country use an alias legally? Give 3 instances. 2. Is the designation of the crime correct? 5% 100% UP LAW UP BAROPS 2008 Page 152 of 155 . if he wants to report to the nearest officer of the law or if he wants to summon medical assistance for the injured (Sec. Is contributory negligence punished are the legal detention? 2. He was. Eduardo Quintos. If he is in imminent danger of being harmed. One day. When can a driver leave his vehicle without aiding the victim? A. Quinones). it was held that the parents of a child who died in a vehicular accident can also be persecuted I they were themselves negligent and not merely contributorily so. She screamed and shouted for help. his second choice was to follow sweet young girls. 2. In People vs. or other establishments without being liable for trespass to dwelling Q55. residence. Malice being inherently absent in the utterance. delivering a lecture during the seminar workshop. Eduardo was arrested and charged with acts of lasciviousness. a widower for the Q52. Q57. When can a Filipino citizen residing I would grant the motion to quash on the ground that the facts alleged do not constitute an offense since there is no definite person/s dishonored. placed his hand on her left hip and gently massaged it. and is only mitigating for the civil liability (People vs.5% Q54. What are the 3 ways of committing arbitrary detention? Explain each. A is not making a malicious imputation but merely stating an opinion. he stayed one step behind her and in a moment of bravado. While ascending the stairs. he trailed a teenage girl up to the LRT station at EDSABuendia.voyeurism. IAC). (Suggested): CRIMINAL LAW II Questions from Bar Exams 2006 Q53. Tan. No. If not using his high-powered binoculars to peep at his neighbor's homes and domestic activities. without prejudice to the liability of the driver for negligence.