Course Outline in Criminal Law II

COURSE OUTLINE IN CRIMINAL LAW II
By: Prosecutor Tomas Ken D. Romaquin, Jr.

I. CRIMES AGAINST PERSONS

A. Revised Penal Code

Parricide, Murder, Homicide, Infanticide
(RPC Articles 246, 248, 249)

Cases:
People v. Francisco, G.R. No. 192818. November 17, 2010
People v. Badriago, G.R. No. 183566. May 8, 2009
People v. dela Cruz, G.R. No. 188353. February 16, 2010
People v. Malabago, G.R. No. 115686. December 2, 1996
People v. Ignacio, G.R. No. 107801. March 26, 1997
People v. Abarca, G.R. No. 74433. September 14, 1987
People v. Pugay, G.R. No. 74324. November 17, 1988
People v. Basay, G.R. No. 86941. March 3, 1993
People v. Pagal, G.R. No. 112620-21. May 14, 1997
People v. Ortega, G.R. No. 116736. July 24, 1997
People v. Balderas, G.R. 106582. July 31, 1997
People v. Violin, G.R. No. 114003-06. January 14. 1997

Death Caused in a Tumultuous Affray, Physical Injuries Inflicted
in a Tumultuous Affray, Giving Assistance to Suicide, Discharge
of Firearms, Duel, Challenging to a Duel
(RPC Articles 251 254; 260 - 261)

Cases:
People v. Anlagada, G.R. No. 141080. September 17, 2002
People v. Judavar, G.R. No. 135521. April 11, 2002
People v. Julianda, G.R. No. 128886. November 23, 2001
People v. Dalabajan, G.R. No. 105668. October 16, 1997
Dado v. People, G.R. No. 131421. November 18, 2002
People v. Doriquez, G.R. No. L-24444-45. July 29, 1968
People v. Maramara, G.R. No. 110994. October 22, 1999.

Infanticide, Intentional Abortion, Unintentional Abortion,
Unintentional Abortion Practiced by a Woman Herself or By Her
Parents, Abortion Practiced By A Physician or Midwife and
Dispensing of Abortives
(RPC Articles 255 259)

Cases:

People v. Bandian, G.R. No. 45186. September 30, 1936
People v. Vedra, G.R. No. 4779. November 20, 1908
People v. Paycana, G.R. No. 179035. April 16, 2008
People v. Villanueva, G.R. No. 95851. March 1, 1995
People v. Salufrania, G.R. No. 50884. March 30, 1988

Mutilation, Serious Physical Injuries, Administering Injurious Substances or
Beverages, Less Serious Physical Injuries, Slight Physical Injuries,
Maltreatment
(RPC Article 262 266)

Cases:
Aguirre v. Secretary of the Department of Justice, G.R. No. 170723. March 3, 2008
People v. Mapalo, G.R. No. 172608. February 6, 2007

B. Special Laws:

Rape (R.A.No. 8353 or the Anti-Rape Law of 1997)

Cases:
People v. Salazar, G.R. No. 181900. October 20, 2010
People v. Tinsay, G.R. No. 167383. September 22, 2008
People v. Servano, G.R. Nos. 143002-03. July 17, 2003
People v. Fabian, G.R. Nos. 148368-70. July 8, 2003
People v. Cuesta, G.R. Nos. 138545-46. April 16, 2002
People v. Bernas, G.R. Nos. 133583-85. February 20, 2002
People v. Silvano, G.R. No. 127356. June 29, 1999

Violence Against Women and Children (R.A. No. 9262 or the Anti-Violence
against Women and their Children Act of 2004)

Cases:
Ang v. Court of Appeals, G.R. No. 182835. April 20, 2010
Tan v. Tan, G.R. No. 168852. September 30, 2008
People v. Cabalquinto, G.R. No. 167693. September 19, 2006

Child Abuse (R.A. No. 7610 or the Special Protection of Children Against Child
Abuse, Exploitation and Discrimination Act)

Cases:
Amployo v. People, G.R. No. 157718. April 26, 2005
People v. Jalosjos, G.R. Nos. 132875-76. November 16, 2001
People v. Court of Appeals, G.R. No. 171863. August 20, 2008
Araneta v. People, G.R. No. 174205. June 27, 2008
People v. Claveria, G.R. Nos. 139346-50. July 11, 2002
People v. Larin, G.R. No. 128777. October 7, 1998
Olivares v. Court of Appeals, G.R. No. 163866. July 29, 2005

Sexual Harassment (R.A. No. 7877 of the Sexual Harassment Law)

Cases:
Jacutin v. People, G.R. No. 140604. March 6, 2002
Bacsin v. Wahiman, G.R. No. 146053. April 30, 2008
Aquino v. Acosta, A.M. No. CTA-01-1. April 2, 2002
Domingo v. Rayala, G.R. Nos. 155831, 155840 and 158700, February 18, 2008
Vedaa v. Valencia, A.M. No. RTJ-96-1351. September 3, 1998

Pornography (R.A. No. 9775 or the Anti-Child Pornography Law)

Hazing (R.A. No. 8049 or the Hazing Regulation Act)

Case:
ADMU v. Capulong, G.R. No. 99327. May 27, 1993

Terrorism (R.A. No. 9372 or Human Security Act of 2007)

Cases:
Southern Hemisphere Network v. Anti-Terrorism Council, G.R. No. 178552, 178554, 178581. October 5,
2010

Illegal Possession of Firearms (P.D. 1866, as amended by R.A. 8294)

Cases:
People v. Nunez, G.R. No. 112092, March 1, 2001
People v. Evangelista, G.R. No. 84332-33, May 8, 1996

Gonzales v. Court of Appeals, G.R. No. 95523, August 18, 1997
People v. Ladjaalam, September 19, 2000
People v. Bolignet, G.R. Nos. 137949-52. December 11, 2003

II. CRIMES AGAINST PROPERTY


Robbery
(RPC Articles 293 - 305)

Robbery with Violence Against or Intimidation of Persons

(Robbery with Violence Against or Intimidation of Persons; Robbery with Physical Injuries, committed in
an Uninhabited Place and a Band, or with the Use of Firearm on a Street, Road or Alley; Attempted and
Frustrated Robbery Committed Under Certain Circumstances)

Cases:
People v. Gungon, G.R. No. 119574. March 19, 1998
People v. Puloc, G.R. No. 92631. September 30, 1991
People v. Alfeche, G.R. No. 102070. July 23, 1992
People v. Alvarado, G.R. No. L-29230. July 25, 1983
People v. Alvarez, G.R. No. 70446. January 31, 1989
People v. Fortich, G.R. No. 80399-404. November 13, 1997
People v. Saquing, G.R. No. L-27903. December 26, 1969
People v. Sequio, G.R. No. 117397. November 13, 1996
People v. Bolignet, G.R. Nos. 137949-52. December 11, 2003

Robbery by Use of Force on Things (Robbery in an Inhabited House or Public Building or Edifice Devoted
to Worship; Robbery in an Uninhabited Place and by a Band; Robbery in an
Uninhabited Place or in a Private Building; Robbery of Cereals, Fruits or Firewood in an Uninhabited
Place or Public Building; Possession of Picklocks or Similar Tools)

Cases:
Diamante v. People, G.R. No. 180992. September 4, 2009
Briones v. People, G.R. No. 156009. June 5, 2009.
Tan v. People, G.R. No. 135904. January 21, 2000

Brigandage (Brigandage; Aiding and Abetting a Band of Brigands)

Cases:
Abay v. People, G.R. No. 165896. September 19, 2008
People v. Cerbito, G.R. No. 126397. February 1, 2000
People v. Verzosa, G.R. No. 118944. August 20, 1998
People v. Pulusan, G.R. No. 110037. May 21, 1998

Theft (Theft; Qualified Theft; Theft of Property of the National Library and National Museum)

Cases:
Briones v. People, G.R. No. 156009. June 5, 2009.
Roque v. People, G.R. No. 138954. November 25, 2004
Rebucan v. People, G.R. No. 164545. November 20, 2006
People v. CFI of Quezon, G.R. No. L-46772. February 13, 1992
People v. Ciobal, G.R. No. 86220. April 20, 1990

Usurpation (Occupation of Real Property or Usurpation of Real Rights in
Property; Altering Boundaries or Landmarks)

Culpable Insolvency (Fraudulent Insolvency)
(RPC Articles 314)

Swindling and Other Deceits (Swindling [estafa] with Unfaithfulness or Abuse of Confidence by: [a]
altering the substance, quantity, or quality of any thing of value; [b] misappropriation and conversion;
taking undue advantage of a signature in blank)
(RPC Articles 315 [1] [a] to [c])

Cases:
People v. Damole, G.R. No. 150900. March 14, 2008
Paule v. Court of Appeals, G.R. No. 145872. February 4, 2002

Swindling by means of False Pretenses of Fraudulent Acts: by [a] using fictitious name or falsely
pretending to possess power, influence, qualifications, etc. or by means of other similar deceits; [b]
altering the quality, fineness or weight; [c] pretending to have any Government employee; [d]
postdating a check or issuing a check in payment when the offender has no sufficient funds; [e]
obtaining any food, etc. without paying therefor with intent to defraud or obtaining credit or
abandoning any part of his baggage from a hotel, etc.
(RPC Articles 315 [2] [a] to [e])

Cases:
Sy v. People, G.R. No. 183879. April 14, 2010
People v. Flores, G.R. Nos. 138535-38. April 19, 2001
Tubb v. People, G.R. No. L-9811. April 22, 1957
People v. Erquiaga, G.R. No. 124513. October 17, 2001
People v. Juego, G.R. No. 123162. October 13, 1998
People v. Balasa, G.R. No. 106357. September 3, 1998
Alcantara v. Court of Appeals, G.R. No. 147259. November 24, 2003

Swindling by Fraudulent Means by: [a] inducing another by means of deceit to
sign a document; [b] resorting to some fraudulent practice; and [c] removing,
concealing or destroying any court record, etc.
(RPC Articles 315 [3] [a] to [c])

Others Forms of Swindling; Swindling a Minor; Other Deceits
(RPC Articles 316-318)

Chattel Mortgage
(RPC Articles 319)

Malicious Mischief; Other Mischief; Damage and Obstruction to Means of
Communication; Destroying or Damaging Statues, Public Monuments or
Paintings

Cases:
Alforte v. Judge Ramos, A.M. No. MTJ-94-914. April 10, 1995
Valeroso v. People, G.R. No. 149718. September 29, 2003

B. Special Laws:
Arson (Presidential Decree No. 1613 Amending the Law on Arson)

Cases:
People v. Buebos, G.R. No. 163938. March 28, 2008
People v. Malngan, G.R. No. 170470. September 26, 2006
People v. Soriano, G.R. No. 142565. July 29, 2003
People v. Oliva, G.R. No. 122110. September 26, 2000

Fencing (Presidential Decree No. 1612 Anti-Fencing Law of 1979)

Cases:
Francisco v. People, G.R. No. 146584. July 12, 2004
Cattle Rustling (Presidential Decree No. 533 Anti-Cattle Rustling Law of 1974)

Carnapping ( Republic Act No. 6539 -Anti-Carnapping Act of 1972)

Cases:
Tan v. People, G.R. No. 135904. January 21, 2000
People v. Roxas, G.R. No. 172604. August 17, 2010
People v. Latayada, G.R. No. 146865. February 18, 2004.
People v. Garcia, G.R. No. 138470. April 1, 2003

Illegal Fishing (Presidential Decree No. 704 Revising and Consolidating All Laws and Decrees Affecting
Fishing and Fisheries)

Cutting, Gathering, Collecting and Removing Timber or Other Forest Product; Possession of Timber and
other Forest Products with Legal Documents
(Presidential Decree No. 705 Forestry Reform Code of the Philippines)

Bouncing Checks (Batas Pambansa Blg. 22 An Penalizing the Making or Drawing and Issuance of a
Check Without Sufficient Funds or Credit and For Other Purposes)

Cases:
Mitra v. People, G.R. No. 191404. July 5, 2010
Ngo v. People, G.R. No. 155815. July 14, 2004
Abarquez v. Court of Appeals, G.R. No. 148557. August 7, 2003

Illegal Recruitment (Republic Act No. 8042 Migrant Workers Act)

Cases:
People v. Juego, G.R. No. 123162. October 13, 1998
People v. Gallo, G.R. No. 185277. March 18, 2010

Violation of Trust (Presidential Decree No. 115 Trust Receipts Law)

Case:
People v. Nitafan, G.R. Nos. 81559-60. April 6, 1992

See also: Presidential Decree No. 1689 Increasing the Penalty for Certain Forms of Swindling or Estafa)

III. CRIMES AGAINST CHASTITY


Adultery; Concubinage

Cases:
Guevarra v. Eala, A.C. No. 7136. August 1, 2007
People v. Elarde, G.R. No. L-58595. October 10, 198

Acts of Lasciviousness
(RPC Article 336)

Cases:
People v. Perez, G.R. Nos. 141647-51. March 6, 2002
People v. Mendoza, G.R. Nos. 152589 & 152758. January 31, 2005
People v. Caigat, G.R. No. 137963. February 6, 2002
People v. Gianan, G.R. Nos. 135288-93. September 15, 2000
People v. Aquino, G.R. No. 139181. October 27, 2003

Seduction; Corruption of Minors and White Slave Trade
(RPC Article 337-341)

Cases:
People v. Servano, G.R. Nos. 143002-03. July 17, 2003
Gonzales v. Court of Appeals, G.R. No. 108811. May 31, 1994
Perez v. Court of Appeals, G.R. No. 80838. November 29, 1988
People v. Fontanilla, G.R. No. L-25354. June 28, 1968

Forcible Abduction and Consented Abduction

Cases:
People v. Caraang, G.R. Nos. 148424-27. December 11, 2003
People v. Egan, G.R. No. 139338. May 28, 2002
People v. Garcia, G.R. No. 141125. February 28, 2002
Perez v. Court of Appeals, G.R. No. 80838. November 29, 1988

Prosecution and Liabilities for Crimes Against Chastity

Cases:
Pilapil v. Somera, G.R. No. 80116. June 30, 1989
People v. de Guzman, G.R. No. 185843. March 3, 2010
People v. dela Cerna, G.R. Nos. 136899-904. October 9, 2002
Alonte v. Savellano, G.R. No. 131652. March 9, 1998
People v. Lualhati, G.R. No. 66038. March 16, 1989
Maulit v. Samonte, G.R. No. 34484. December 13, 1930

B. Special Laws

Batas Pambansa Blg. 186 (An Act Increasing the Penalty for White Slave Trade, Amending for the
Purpose Article 341 of the Revised Penal Code)

Cases:
Maulit v. Samonte, G.R. No. 34484. December 13, 1930
People v. Hong Din Chu, G.R. No. L-27830. May 29, 1970
US v. Casipong, G.R. No. 6608. September 5, 1911

Republic Act No. 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination
Act)

Cases:
Olivarez v. Court of Appeals, G.R. No. 163866. July 29, 2005

IV. CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

Kidnapping and Serious Illegal Detention; Slight Illegal Detention; Unlawful
Arrest; Kidnapping and Failure to Return a Minor; Inducing a Minor to
Abandon His Home

Cases:
People v. Madsali, G.R. No. 179570. February 4, 2010
People v. Reyes, G.R. No. 178300. March 17, 2009
People v. Siongco, G.R. No. 186472, July 5, 2010
People v. Jatulan, G.R. No. 171653, April 24, 2007

Slavery, Exploitation of Child Labor; Services Rendered Under Compulsion
in Payment of Debts

Abandonment of Persons in Danger and Abandonment of One's Own Victim;
Abandoning a Minor, Abandonment of Minor by Person Entrusted with His
Custody; Indifference of Parents; Exploitation of Minors

Cases:
US v. Capillo, G.R. No. 9279. March 25, 1915.
De Guzman v. Perez, G.R. No. 156013. July 25, 2006.

Qualified Trespass to Dwelling; Other Forms of Trespass

Cases:
People v. Marzalado, G.R. No. 152997, November 10, 2004

Grave Threats, Light Threats; Other Light Threats; Grave Coercions; Light Coercions; Other Similar
Coercions; Formation, Maintenance and Prohibition of Combination of Capital or Labor through Violence
or Threats

Cases:
Cauag v. People, G.R. No. 171511. March 4, 2009
People v. Alfeche, G.R. No. 102070. July 23, 1992
People v. Santos, G.R. No. 140074. February 27, 2002

Discovering Secret Through Seizure of Correspondence; Revealing Secrets
with Abuse of Office; Revelation of Industrial Secrets

B.
Special Laws
Anti-Wiretapping (R.A. 4200 or the Anti-Wire Tapping Act)

Cases:
Garcillano v. HRET, G.R. No. 170338. December 23, 2008
Chavez v. Gonzales, G.R. No. 168338. February 15, 2008

Terrorism (R.A. No. 9372 or Human Security Act of 2007)

Cases:
Southern Hemisphere Network v. Anti-Terrorism Council, G.R. No.
178552, 178554, 178581. October 5, 2010

Trafficking (R.A. No. 9208 or Anti-Trafficking in Persons Act of 2003)

V. CRIMES AGAINST HONOR

Libel

Cases:
Yuchengco v. Manila Chronicle, G.R. No. 184315. November 25, 2009
Alcantara v. Ponce, G.R. No. 156183. February 28, 2007
Binay v. Court of Appeals, G.R. No. 170643. September 8, 2006
Alonzo v. Court of Appeals, G.R. No. 110088. February 1, 1995

Slander

Cases:
Villanueva v. People, G.R. No. 160351. April 10, 2006

Incriminatory Machinations

VI. QUASI-OFFENSES (RPC Article 365)

Cases:
Mobilia Products, Inc. v. Umezawa, G.R. No. 149357. March 4, 2005

VII. Crimes Relative to Opium and Other Prohibited Drugs Republic Act No. 6425, as amended (REPUBLIC
ACT NO. 9165)

Cases:
People v. Marcelino, G.R. No. 189278. July 26, 2010
People v. Lorenzo, G.R. No. 184760. April 23, 2010
People v. Tamayo, G.R. No. 187070. February 24, 2010
People v. Martinez, G.R. No. 191366. December 13, 2010

VIII. CRIMES AGAINST NATIONAL SECURITY AND LAW OF NATIONS


Treason; Espionage; Misprision of Treason; Espionage; Inciting To War or Giving Motives for Reprisals;
Violation of Neutrality; Correspondence with Hostile Country; Flight to Enemy's Country; Piracy in
General and Mutiny in High Seas or in Philippine Waters; Qualified Piracy

Cases:
Estrada v. Sandiganbayan, G.R. No. 148965. February 26, 2002
People v. Adlawan, G.R. No. L-456. March 29, 1949

B. Special Laws
Piracy and Highway Robbery (Presidential Decree No. 532 Anti-Piracy and
Anti Highway Robbery Law of 1974)

Cases:
People v. Agomo-o, G.R. No. 131829. June 23, 2000
People v. Cerbito, G.R. No. 126397. February 1, 2000
People v. Verzosa, G.R. No. 118944. August 20, 1998
People v. Bulusan, G.R. No. 110037. May 21, 1998

IX. CRIMES AGAINST FUNDAMENTAL LAW OF THE STATE

Arbitrary Detention; Delay in the Delivery of Detained Persons to the Proper Judicial Authorities;
Delaying Release; Expulsion; Violation of Domicile; Search Warrants Maliciously Obtained and Abuse in
the Service of Those Legally Obtained; Searching Domicile Without Witnesses; Prohibition, Interruption
and Dissolution of Peaceful Meetings; Interruption of Religious Worship; Offending the Religious
Feelings

Case:
Astorga v. Court of Appeals, G.R. No. 154130. August 20, 2004

X. CRIMES AGAINST PUBLIC ORDER

Rebellion, Coup d etat, Sedition, and Disloyalty (Rebellion; Sedition; Disloyalty; Coup d'etat; Conspiracy
and Proposal to Commit Coup d'etat, Rebellion or Insurrection; Disloyalty of Public Officers or
Employees; Inciting to Rebellion or Insurrection; Sedition; Conspiracy to Commit Sedition; Inciting to
Sedition)

Cases:
In Re Habeas Corpus of Juan Ponce Enrile, G.R. No. 92163. June 5, 1990
Misolas v. Panga, G.R. No. 83341. January 30, 1990
People v. Asuncion, G.R. Nos. 83837-42. April 22, 1992

Crimes Against Popular Representation (Acts Tending to Prevent the Meeting of the Assembly and
Similar Bodies; Disturbance of Proceedings; Violation of Parliamentary Immunity)

Illegal Assemblies and Associations

Assault Upon and Resistance and Disobedience to Persons in Authority and Their Agents (Direct
Assaults; Indirect Assaults; Disobedience to Summons; Resistance and Disobedience to a Person in
Authority or the Agents of Such Person)

Public Disorders (Tumults and Other Disturbances of Public Orders; Unlawful Use of Means of
Publication and Unlawful Utterances; Alarms and Scandals; Delivery of Prisoners from Jail)

Evasion of Service of Sentences

Commission of Another Crime During Service of Penalty Imposed for Another Previous Offense
(RPC Article 160)

XI. CRIMES AGAINST CIVIL STATUS OF PERSON


Simulation of Births and Usurpation of Civil Status

Illegal Marriages (Bigamy; Marriage Contracted Against Provisions of Laws; Premature Marriage;
Performance of Illegal Marriage Ceremony)

B. Special Laws

Mail Order Matching (Republic Act No. 6955 or The Unlawful Practice of Matching Filipino Women for
Marriage to foreign Nationals on a Mail to Order Basis)

XII. CRIMES COMMITTED BY PUBLIC OFFICERS


Malfeasance and Misfeasance in Office (Knowingly Rendering an Unjust Judgment; Judgment Through
Negligence; Unjust Interlocutory Order; Malicious Delay in the Administration of Justice; Negligence in
the Prosecution and Tolerance in the Commission of Offenses; Betrayal of Trust by an Attorney or
Solicitor)

Case:
Diego v. Castillo, A.M. No. RTJ-02-1673. August 11, 2004

Direct Bribery; Indirect Bribery; Qualified Bribery; Corruption of Public
Officials

Cases:
People v. Tad-y, G.R. No. 148862. August 11, 2005
People v. Maniego, G.R. No. L-2971. April 20, 1951
Pozar v. Court of Appeals, G.R. No. L-62439. October 23, 1984

Frauds and Illegal Exactions and Transactions

Malversation of Public Funds

Infidelity of Public Officers

Irregularities by Public Officers (Disobedience, Refusal of Assistance and Maltreatment of Prisoners;
Anticipation, Prolongation and Abandonment of the Duties and Powers of Public Office; Usurpation of
Powers and Unlawful Appointments; Abuses Against Chastity)

B. Special Laws
Republic Act No. 749, as amended (Granting Immunity From Prosecution to Givers of Bribes and Other
Gifts and to their Accomplices in Bribery)

XIII. CRIMES AGAINST PUBLIC INTEREST

Forgeries

Other Falsities

Frauds

XIV. CRIMES AGAINST PUBLIC MORALS

Offenses Against Decency and Good Customs (Grave Scandal; Immoral Doctrines, Obscene Publications
and Exhibitions and Indecent Shows; Vagrants and Prostitutes)

B. Special Laws
Presidential Decree No. 449 as amended (Cockfighting Law)
Presidential Decree No. 483 (Penalizing Betting, Game Fixing or Point Shaving and Machinations in
Sports Contests)
Presidential Decree 1602 (Prescribing Stiffer Penalties on Illegal Gambling)

XV. Other Special Penal Laws

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COURSE OUTLINE IN CRIMINAL LAW II

By: Prosecutor Tomas Ken D. Romaquin, Jr.

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