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CRIMINAL LAW
TITLE ONE:
CRIMES AGAINST NATIONAL
SECURITY AND LAW OF NATIONS
Adherence to enemy
EXECUTIVE COMMITTEE
IAN MICHEL GEONANGA overall chairperson, JOSE
ANGELO DAVID chairperson for academics, RUTH ABIGAIL
ACERO chairperson for hotel operations, ALBERTO
RECALDE, JR. vice-chairperson for operations, MARIA
CARMELA HAUTEA vice-chairperson for secretariat, MARK
EMMANUEL ABILO vice-chairperson for finance, RYAN
LIGGAYU vice-chairperson for electronic data processing,
JOMARC PHILIP DIMAPILIS vice-chairperson for logistics
SUBJECT COMMITTEE
JANSEN
BERNARDO
subject chair, DANIEL VON
EVAN PANELO assistant
subject chair, CLAUDINE
PALATTAO edp, HYACINTH
ALDUESO book 1, JEMIMA
FERNANDO
book
2,
MICHELLE MARIE HATOL
special penal laws
MEMBERS
Fatima Maria Amansec, Her
Lynn Balares, Roy Daguio,
Jennyllette Dignadice, Edcar
Latauan,
Michael
Lloren,
Tosca, Leira Mansujeto, Maria
Monica Pamela Mendoza,
Fina Ong, Annie Blaise Arce
Raagas,
Toni
Faye
Tan,
Joseph Christopher Torralba
Sedition
Philippines must be at
war
with
another
country.
Internal conflict
in
ARTICLE 115
CONSPIRACY & PROPOSAL
TO COMMIT TREASON
signal book.
b. In time of war, by collecting, recording, publishing or
communicating or attempting to elicit any information
with respect to the movement, number, description,
condition, or disposition of any of the armed forces,
ships, aircraft, or war materials of the Philippines, or
with respect to the plans or conduct of any military,
naval or air operations or with respect to any works or
measures undertaken for the fortification or defense
of any place, or any other information relating to the
public defense, which might be useful to the enemy.
3. Disloyal acts or words in time of peace.
Ways of violating Sec. 3:
a. By advising, counseling, urging or in any other
manner by causing insubordination, disloyalty, mutiny
or refusal of duty of any member of the military, naval
or air forces of the Philippines.
b. By distributing any written or printed matter which
advises, counsels, or urges such insubordination,
disloyalty, mutiny, or refusal of duty.
4. Disloyal acts or words in time of war.
Ways of violating Sec. 4:
a. By willfully making or conveying false reports or false
statements with intent to interfere with the operations
or success of the Armed Forces of the Philippines.
b. To promote the success of its enemies, by willfully
causing or attempting to cause insubordination,
disloyalty, mutiny or refusal of duty in the Armed
Forces of the Philippines.
c. By willfully obstructing the recruiting or enlistment
service.
5. Conspiracy to commit the preceding acts.
Requisites:
a. Two or more persons conspire to violate the
provisions of Sec. 1, 2, 3 or 4 of this Act; and
b. One or more of such persons do any act to effect the
object of the conspiracy.
6. Harboring or concealing violators of the Act.
Requisites:
a.
The offender knows that a person has committed
or is about to commit an offense under this Act; and
b.
The offender harbors or conceals such person.
7. Making any photograph, sketch, picture, drawing, map
or graphical representation of vital military, naval and air
installations or equipment as defined by the Philippine
President as requiring protection against the general
dissemination of information relative thereto UNLESS
he obtains the permission of the commanding officer (or
higher authority).of post, camp or station concerned and
promptly submits the product obtained to the same
Treason
Reprisal
It is an act of self-help on the part of the injured state,
responding after an unsatisfied demand to an act contrary
to international law on the part of the offending state.
(Naulilaa Incident Arbitration, Portuguese-German Arbitral
Tribunal, 1928)
ARTICLE 119
VIOLATION OF NEUTRALITY
Elements:
1. That there is a war in which the Philippines is not
involved;
2. That there is a regulation issued by a competent
authority for the purpose of enforcing neutrality; and
3. That the offender violates such regulation.
Neutrality
The condition of a nation that in time of war, it takes no
part in the dispute but continues peaceful dealings with
the belligerents.
There must be a regulation issued by competent authority
(President or the Chief of Staff of the AFP) for the
enforcement of neutrality.
ARTICLE 120
CORRESPONDENCE WITH
HOSTILE COUNTRY
Elements:
1. That it is made in time of war in which the Philippines is
involved;
2. That the offender makes correspondence with the:
a. Enemy country or
b. Territory occupied by the enemy troops;
3. That the correspondence is either:
a. Prohibited by the Government; or
b. Carried on in ciphers or conventional signs; or
c. Contains notice or information which might be useful
to the enemy
Correspondence
Communication by means of letters; or it may refer to the
letters which pass between those who have friendly or
business relations.
Even if the correspondence contains innocent matters, if
the correspondence has been prohibited by the
government, it is punishable because of the possibility that
some information useful to the enemy might be revealed
unwittingly.
ARTICLE 122
PIRACY IN GENERAL AND MUTINY
ON THE HIGH SEAS OR IN PHILIPPINE WATERS
Piracy
It is robbery or forcible depredation on the high seas,
without lawful authority and done with animo furandi
(intention to steal) and in the spirit and intention of
universal hostility (People vs. Lol-lo, G.R. No. 17958
February 27, 1922).
Mutiny
Mutiny
gain
Qualified Mutiny
When the second or the third circumstance accompanies
the crime of mutiny mentioned under Art. 122, mutiny is
then qualified. First circumstance may not qualify the
crime of mutiny, because in mutiny, the offenders are
insiders of the vessel (Boado, Notes and Cases on the
Revised Penal Code, 2008 p. 376).
REPUBLIC ACT NO. 6235
ANTI-HIJACKING LAW
Piracy under
PD 532
Punishes
piracy Punishes
piracy
committed either in committed in Philippine
Philippine waters or on waters only.
the high seas.
Offenders:
Non- Offenders: Any person
passengers or non- (may be a passenger,
members of the crew, in crew or a stranger).
short, strangers to the
vessel.
Aiding or Abetting of Piracy
Any person who shall knowingly aid or abet piracy will be
considered as an accomplice in the commission of piracy
and punished according to the rules under the RPC.
Requisites:
1. Knowingly aids or protects pirates;
2. Acquires or receives property taken by such pirates, or
in any manner derives any benefit therefrom; and
3. Directly or indirectly abets the commission of piracy.
ARTICLE 123
QUALIFIED PIRACY
Qualifying Circumstances:
1. Whenever the offenders have seized the vessel by
boarding or firing upon the same;
2. Whenever the pirates have abandoned their victims
without means of saving themselves; or
Acts Punished:
1. Usurping or seizing control of an aircraft of Philippine
registry while it is in flight; or compelling the pilots
thereof to change its course or destination;
Note: When the aircraft is not in flight, the
usurpation or seizure of the aircraft may amount to
coercion or threat. When death results, the crime is
homicide or murder, as the case may be.
TITLE TWO:
CRIMES AGAINST THE
FUNDAMENTAL LAW OF THE STATE
In his presence
When the officer sees the offense being committed,
although at a distance, or hears the disturbance created
thereby and proceeds at once to the scene thereof, or
when the offense is continuing or has not
been consummated at the time the arrest is made, the
offense is said to be committed in his presence. (U.S.
vs. Samonte, G.R. No. 5649, September 6, 1910).
ARTICLE 124
ARBITRARY DETENTION
Elements:
1. That the offender is a public officer or employee;
2. That he detains a person; and
3. That the detention is without legal grounds.
Detention
The actual confinement of a person in an enclosure, or in
any manner detaining and depriving him of his liberty
(People v. Gungon, G.R, No. 119574, March 19, 1998,
citing People v. Domasian, G.R. No. 95322, March 1,
1993).
Detention need not involve any physical restraint.
Psychological restraint is sufficient. If the acts and
actuations of the accused can produce such fear in the
Unlawful Arrest
Committed by a public
officer authorized to
arrest and detain a
person but he does so
without lawful cause.
Committed by either
private individual or
public officer
who
feigned to arrest a
person without any legal
cause, for the purpose
of delivering him to the
proper authorities.
ARTICLE 125
DELAY IN THE DELIVERY OF DETAINED PERSONS TO
THE PROPER
JUDICIAL AUTHORITIES
Elements:
1. That the offender is a public officer or employee;
2. That he has detained a person for some legal ground
(Sec. 5, Rule 113, Rules of Court); and
3. That he fails to deliver such person to the proper judicial
authorities within:
a. 12 hrs for offenses punishable by light penalties or
their equivalent.
b. 18 hrs for offenses punishable by correctional
penalties or their equivalent.
c. 36 hrs for offenses punishable by afflictive penalties
or their equivalent.
Circumstances considered in determining liability of
officer detaining a person beyond legal period:
1. The means of communication;
2. The hour of arrest; and
3. Other circumstances such as the time of surrender and
the material possibility for the fiscal to make the
investigation and file in time the necessary information.
Delivery to proper authorities
ARTICLE 126
DELAYING RELEASE
Acts Punished
1. By entering any dwelling against the will of the owner
thereof;
2. By searching papers or other effects found therein
without the previous consent of such owner;
3. By refusing to leave the premises, after having
surreptitiously entered said dwelling and after having
been required to leave the same.
Common elements:
1. That the offender is a public officer or employee; and
2. That he is not authorized by judicial order to enter the
dwelling and/or to make a search for papers or other
effects.
Qualifying circumstances:
1. If committed at nighttime;
2. If any papers or effects, not constituting evidence of a
crime are not returned immediately after a search is
made by the offender.
The offender must be a public officer or employee. If he is
a private individual, or if the public officer is one whose
function does not include the duty to effect search and
seizure (Boado, 2008, p. 395), the crime committed is
TRESPASS TO DWELLING.
In the first mode, lack of consent would not suffice as the
law requires that the offenders entry must be over the
owners objection.
ARTICLE 127
EXPULSION
10
Acts Punished:
1. Procuring a search warrant without just cause.
Elements:
a. That the offender is a public officer or employee;
b. That he procures a search warrant; and
c. That there is no just cause.
Elements:
a. That the offender is a public officer or employee;
b. That he has legally procured a search warrant; and
c. That he exceeds his authority or uses unnecessary
severity in executing the same.
Note: If in searching a house, the public officer destroys
furniture therein without any justification at all, he is
guilty under Article 129, as having used unnecessary
severity in executing the search warrant.
Search warrant
11
Violation of
Domicile
There is no
warrant.
Search Warrants
Maliciously
Obtained and
Abuse in the
Service of those
Legally Obtained
The public officer
is armed with a
warrant but such
was maliciously
obtained.
ARTICLE 131
PROHIBITION, INTERRUPTION, & DISSOLUTION OF
PEACEFUL MEETINGS
Acts Punished:
1. Prohibiting, interrupting or dissolving without legal
ground the holding of a peaceful meeting;
To commit the crime under the first act:
a.
The meeting must be peaceful; and
b.
There is no legal ground for prohibiting, or
interrupting or dissolving that meeting (Reyes, p.77).
2. Hindering any person from joining any lawful
association or from attending any of its meetings;
3. Prohibiting or hindering any person from addressing,
either alone or together with others, any petition to the
authorities for the correction of abuses or redress of
grievances.
Common elements:
1. That the offender is a public officer or employee;
2. That he performs any of the acts mentioned above.
The right to freedom of speech and to peacefully
assemble, though guaranteed by our Constitution, is not
absolute, for it may be regulated in order that it may not
be injurious to the right of the community or society, and
this power may be exercised under the police power of
the state, which is the power to prescribe regulations to
promote the good order or safety and general welfare of
the people.
The offender must be a stranger, and not a participant. If
the offender is a participant, the crime committed is unjust
vexation.
Interrupting and dissolving the meeting of municipal
council by a public officer is a crime against a legislative
body, not punished under Art. 131 but under Arts. 143 and
144 of the RPC.
Searching
Domicile
Without
Witnesses
12
Elements:
1.That the offender is a public officer or employee;
2. That religious ceremonies or manifestations of any
religion are about to take place or are going on; and
13
Treason
As to purpose
1. To remove from the Violation by a subject of
allegiance to said his allegiance to his
Gov't or the laws the sovereign or to the
territory of the Phils. supreme authority of the
or any body of land, State.
naval or other
armed forces;
2. To deprive the Chief
Executive
or
Congress of any of
their powers.
Manner of commission
1. Public uprising; and 1. By levying war
2. By taking arms
against the Gov't;
against the Gov't.
2. By adhering to the
enemies of the
Phils., giving them
aid or comfort
Time of commission
May be committed both Committed during time of
during times of peace war.
and war.
14
Rebellion
Coup detat
Number of Offenders
There must be a public May be committed by
uprising. It must involve one person or a
a multitude of people.
multitude.
Offenders
No qualifications
Principal offender/s must
belong to the military or
police, or hold any public
office or employment,
with or without civilian
support.
Purpose
Purpose: To overthrow Purpose: To destabilize
the government.
the government or
diminish state power.
Means of commission
Public uprising and Swift
attack
taking up of arms accompanied
by
against the government. violence, intimidation,
threat,
strategy
or
stealth directed against
the government or any
military
camp
or
installation
or
communication
networks, public utilities
or other facilities needed
for the exercise and
continued possession of
power.
ARTICLE 135
PENALTY FOR REBELLION OR INSURRECTION OR
COUP DETAT
15
Inciting to Rebellion
Sedition
Rebellion
The
person
who The act of inciting is
proposes the execution done publicly.
of the crime uses secret
means.
Treason
16
the
ARTICLE 143
ACTS TENDING TO PREVENT THE MEETING OF THE
ASSEMBLY AND SIMILAR BODIES
Elements:
1. That there be a projected or actual meeting of the
Congress or any of its committees or subcommittees,
constitutional commissions or committees or divisions
thereof, or of any provincial board or city or municipal
council or board;
2. That the offender, who may be any person, prevents
such meeting by force or fraud.
Force referred to here is one that produces an injury on
the person of another, and fraud involves falsification.
Thus, physical injuries and falsification will be complexed
as a necessary means to commit this crime.
ARTICLE 144
DISTURBANCE OF PROCEEDINGS
17
Elements:
1. That there be a meeting of Congress or any of its
committees
or
subcommittees,
constitutional
commissions or committees or divisions thereof, or any
provincial board or city or municipal council or board;
and
2. That the offender does any of the following acts:
a. He disturbs any of such meetings; or
b. 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.
Complaint for disturbance of proceedings must be filed by
a member of the legislative body.
Disturbance created by a participant in the meeting is not
covered by Art. 144.
The same act may be made the basis for contempt since
ARTICLE 145
VIOLATION OF PARLIAMENTARY IMMUNITY
Acts Punished:
1. Using force, intimidation, threats, or frauds to prevent
any member from:
a.
Attending the meetings of Congress or any of its
committees or subcommittees, constitutional
commissions or committees or divisions thereof, or
from
b.
Expressing his opinions or
c.
Casting his vote.
Elements:
a. That the offender uses force, intimidation, threats or
fraud; and
b. That the purpose of the offender is to prevent any
member of Congress from
i. Attending the meetings of the Congress or any of
its committees or constitutional commissions, etc.;
or
ii. Expressing his opinions; or
iii. Casting his vote.
Note: The offender in Par. 1 may be any person.
2. Arresting or searching any member while Congress is in
session, except in cases where such member has
committed a crime punishable under the Code by a
penalty higher than prision mayor.
Elements:
a. That the offender is a public officer or employee;
b. That he arrests or searches any member of
Congress;
c. That the Congress, at the time of arrest or search, is
in regular or special session; and
Session
Refers to the entire period from its initial convening
until its final adjournment.
d. That the member arrested or searched has not
committed a crime punishable under the Code by a
penalty higher than prision mayor.
Parliamentary immunity does not protect members of
Congress from responsibility before the legislative body
itself.
The 1987 Constitution exempts members of Congress
18
ARTICLE 146
ILLEGAL ASSEMBLIES
Forms of Illegal Assemblies:
1. Any meeting attended by armed persons for the
purpose of committing any of the crimes punishable
under the RPC.
Requisites:
a. That there is a meeting, gathering or group of
persons, whether in a fixed place or moving;
b. That the meeting is attended by armed persons; and
c. That the purpose of the meeting is to commit any of
the crimes punishable under the RPC.
Not all the persons present at the meeting of the first
form of illegal assembly must be armed. It is sufficient
that at least 2 persons are armed.
If none of the persons present in the meeting are
armed, there is no crime of Illegal Assembly.
2. Any meeting in which the audience, whether armed or
not, is incited to the commission of the crime of treason,
rebellion or insurrection, sedition, or assault upon a
person in authority or his agent.
Requisites:
a. That there is a meeting, a gathering or group of
persons, whether in a fixed place or moving; and
Illegal Assembly
Illegal Association
Illegal Association
19
ARTICLE 152
PERSONS IN AUTHORITY & AGENTS OF PERSONS IN
AUTHORITY
Public Officer
Person in
(PO)
Authority (PA)
Agent of a
Person in
Authority
(APA)
Any
person
directly vested
with
jurisdiction,
whether as an
individual or as
a member of
some court or
governmental
corporation,
board
or
commission.
Any
person
who, by direct
provision of law
or by election
or
by
appointment by
competent
authority,
is
charged with
the
maintenance of
public
order
and
the
protection and
security of life
and property.
20
Elements:
a. That the offender:
i. Makes an attack includes any offensive or
antagonistic movement or action of any kind
(equivalent to aggression),
ii. Employs force:
If the offended part is only an agent of a person in
authority, the force employed must be of serious as
to indicate determination to defy the law and its
representative at all hazards.
However, it is important to determine whether the
victim is a PA or APA.
Where the force employed on the agent of a person
in authority is of a serious character, including
determination to defy the law and its
representative, the crime committed is direct
assault.
If the victim is a PA, the degree of force employed
against him is immaterial as the mere laying of
hands on him is sufficient (U.S. vs Gumban, G.R.
No. L-13658, November 9, 1918).
If the victim is an APA, the violence, intimidation, or
resistance employed by the offender must be
serious (U.S. vs Tabiana, G.R. No. L-11847
February 1, 1918).
iii. Makes a serious intimidation (unlawful coercion,
duress, putting someone in fear, exertion of an
influence in the mind which must be both
immediate and serious); or
The resistance must be active, not passive (Reyes,
p. 135). .
iv. Makes a serious resistance (if not serious, crime
committed may be that under Article 151 or
resistance and disobedience);
b. That the person assaulted is a person in authority or his
agent;
c. That at the time of the assault the person in authority
or his agent:
i. Is engaged in the actual performance of official
duties, or
21
ARTICLE 150
DISOBEDIENCE TO SUMMONS ISSUED BY THE
NATIONAL ASSEMBLY, ITS COMMITTEES OR
SUBCOMMITTEES, BY THE CONSTITUTIONAL
COMMISSION, ITS COMMITTEES, SUBCOMMITTEE
OR DIVISIONS
Resistance
Committed by resisting
or seriously disobeying
a PA or APA.
ARTICLE 153
TUMULTS & OTHER DISTURBANCES
OF PUBLIC ORDER
Acts punished:
1. Causing any serious disturbance in a public place,
office or establishment;
Note: If disturbance is not serious in nature, alarms and
scandals under Art. 155 is committed.
2. Interrupting or disturbing public performances,
functions or gatherings, or peaceful meetings, if the act
is not included in Arts. 131-132;
3. Making an outcry tending to incite rebellion or sedition
in any meeting, association or public place;
Note: If outcry was premeditated to incite, the
crime committed is inciting to rebellion or
sedition.
4. Displaying placards or emblems which provoke a
disturbance of public order in such place;
5. Burying with pomp the body of a person who has been
legally executed.
Serious disturbance must be planned or intended.
22
Acts punished:
1. Publishing or causing to be published, by means of
printing, lithography or any other means of publication,
as news any false news which may endanger the public
order, or cause damage to the interest or credit of the
State;
Inciting to Sedition or
Rebellion
Public Disorder
23
24
Delivering Prisoners
from Jail
Infidelity in the
Custody of Prisoners
Offender:
usually
committed
by
an
outsider. It may also
apply to an employee of
the penal establishment,
provided he does not
have custody or charge
of such person.
25
Evasion of Service of
Sentence
ARTICLE 161
COUNTERFEITING SEAL OF GOVERNMENT,
SIGNATURE AND STAMP OF PRESIDENT
ARTICLE 160
COMMISSION OF ANOTHER CRIME DURING THE
SERVICE OF PENALTY IMPOSED FOR ANOTHER
PREVIOUS OFFENSE (QUASI-RECIDIVISM)
Elements:
1. That the offender was already convicted by final
judgment of one offense;
2. That he committed a new felony before beginning to
serve such sentence or while serving the same.
26
Acts Punished:
1. Forging the Great Seal of the Government of the
Philippines;
2. Forging the signature of the President;
3. Forging the stamp of the President.
If the signature of the President is forged, it is not
falsification of public document, but forging the
signature of the Chief Executive.
ARTICLE 162
27
2. Certificates;
3. Other obligations and securities, payable to bearer.
The Code punishes forging or falsification of bank notes
and of documents of credit payable to bearer and
issued by the State more severely than counterfeiting of
coins because the first tends to bring such documents
into discredit and produces a lack of confidence on the
part of the holders of the said documents to the
prejudice of the interests of the society and the State.
Moreover, it is easier to forge or falsify such certificates,
notes, etc. and the profit derived therefrom is greater
and the incentive for its commission is more powerful.
(U.S. vs. Gardner 3 Phil 403)
The falsification of Philippine National Bank (PNB)
checks is not forgery under Art. 166 of RPC but
falsification of commercial documents under Art 172 in
connection with Art. 171 of the Code.
ARTICLE 167
COUNTERFEITING, IMPORTING AND UTTERING
INSTRUMENTS NOT
PAYABLE TO BEARER
Elements:
1. That there be an instrument payable to order or other
document of credit NOT payable to bearer;
2. That the offender either forged, imported or uttered
such instrument; and
3. That in case of uttering, he connived with the importer
or forger.
Counterfeiting under Art. 167 must involve an instrument
payable to order or other document of credit not payable
to bearer.
Forgery of currency is punished so as to maintain the
integrity of the currency and thus insure the credit
standing of the government and prevent the imposition on
the public and the government of worthless notes or
obligations (People vs. Galano, C.A.,54 O.G. 5897, as
cited in Reyes).
The utterer should not be the forger, otherwise,
connivance is obviously not required, for he can be held
liable as a forger of the instrument. (People vs. Orqueza,
14 C.A. Rep. 730, as cited in Reyes)
ARTICLE 168
ILLEGAL POSSESSION AND USE OF
FALSE TREASURY OR BANK NOTES AND OTHER
INSTRUMENTS OF CREDIT
Elements:
28
Falsification
The commission of any of
the
eight
(8)
acts
mentioned in Art. 171 on
legislative (only the act of
making alteration), public or
official, commercial, or
private documents, or
wireless, or telegraph
messages.
29
Elements:
1. That there be a bill, resolution or ordinance enacted or
approved or pending approval by either House of the
Legislature or any provincial board or municipal council;
2. The offender alters the same;
3. That he has no proper authority therefor; and
4. That alteration changed the meaning of the document.
In the 1st, 2nd, 6th, 7th (second part) and 8th mode of
falsification, there must be a GENUINE DOCUMENT.
In the other paragraphs of Art. 171, falsification may be
committed by simulating or fabricating a document.
Different Modes of Falsifying a Document:
A. Counterfeiting or imitating
handwriting, signature or rubric.
30
Requisites:
(feigning)
any
Counterfeiting
Imitating any handwriting, signature or rubric
Imitating (feigning)
Simulating a signature, handwriting, or rubric out of one
which does not in fact exist
If there is no attempt whatsoever by the accused to
imitate the signatures of the other person so that they
are entirely unlike the genuine signature, the accused
may be found guilty under the second mode of falsifying
a document.
B.Causing it to appear that persons have participated
in an act or proceeding when they did not in fact so
participate.
Requisites:
1. That the offender caused it to appear in a document
that a person or persons participated in an act or
proceeding; and
2. That such persons did not in fact so participate in the
act or proceeding.
The imitation of the signature of the offended party is
not necessary in this mode of falsification.
C.Attributing to persons who have participated in any
act or proceeding statements other than those in
fact made by them.
Requisites:
1. That a person or persons participated in an act or
proceeding;
2. That such person or persons made statements in that
act or proceeding;
3. That the offender in making a document, attributed to
such person, statements other than those in fact
made by such person or persons.
D. Making untruthful statements in a narration of
facts.
Requisites:
1. That the offender makes in a document statements in
a narration of facts;
2. That he has the legal obligation to disclose the truth
of the facts narrated by him;
3. That the facts narrated by the offender are absolutely
false; and
31
32
Falsification by
Private Individual
The prejudice to a third
party is taken into
account so that if
damage is not apparent,
or at least if with no
intent to cause it, the
falsification
is
not
punishable
Falsification of
Private Document
Even
when
committed as a
necessary means to
commit estafa, the
crime is either estafa
or falsification only,
because in this type
of falsification, an act
independent
of
falsification
is
required to show
intent to defraud
Falsification of
Public Officer
Prejudice to third person
is immaterial; what is
punished is the violation
of public faith and the
perversion of truth
33
Acts punished:
1. Uttering fictitious wireless, telegraph, or telephone
messages;
2. Falsifying wireless, telegraph or telephone messages.
Elements:
a. That the offender is an officer or employee of the
Government or an officer or an employee of a private
corporation, engaged in the service of sending or
receiving wireless, cable or telephone message; and
b. That he commits any of the above acts.
3. Using such falsified messages.
With respect to No. 3, the offender need not be
connected to the government or to such corporation.
Elements:
a. That the accused knew that the wireless, cable,
telegraph or telephone message was falsified by any
person specified in 1st paragraph of Art.173;
b. That the accused used such falsified dispatch; and
c. That the use of the falsified dispatch resulted in the
prejudice of a third party, or that the use thereof was
with the intent to cause such prejudice.
Act No. 1851, Sec. 4, punishes private individuals who
forge or alter telegram.
34
Concealing True
Name
Usurpation of
Civil
Status
(Art. 348)
Purpose
is to enjoy
the rights
arising
from the
civil status
of
the
person
impersonated.
Estafa
(par. 2a,
Art.
315)
Using
Fictitious
Name Under
P.D. 1829
Purpose
is
to
defraud
third
persons
Purpose
of
publicly using a
fictitious name
is to conceal a
crime, evade
prosecution or
the execution of
a judgment or
concealing his
true name and
other personal
35
public
interest.
circumstances
for the same
purpose
or
purposes
ARTICLE 179
ILLEGAL USE OF UNIFORMS OR INSIGNIA
Elements:
1. That the offender makes use of insignia, uniform or
dress;
2. That the insignia, uniform or dress pertains to an
office not held by the offender or to a class of persons
of which he is not a member; and
3. That said insignia, uniform or dress is used publicly
and improperly.
Wearing the uniform of an imaginary office is NOT
punishable. The office must actually exist.
An EXACT IMITATION of a uniform or dress is
UNNECESSARY.
Republic Act No. 493 punishes the wearing of insignia,
badge or emblem of rank of the members of the Armed
Forces of the Philippines or Constabulary.
Republic Act No. 75 punishes the unauthorized wearing of
any naval, military, police or other official uniform,
decoration or regalia of a foreign State or one nearly
resembling the same, with intent to deceive or mislead.
Executive Order No. 297 punishes the illegal manufacture,
sale, distribution and use of PNP uniforms, insignias and
other accoutrements.
ARTICLE 180
FALSE TESTIMONY AGAINST A DEFENDANT
Elements:
1. That there be a criminal proceeding;
2. That the offender testifies falsely under oath against the
defendant therein;
3. That the offender who gives false testimony knows that
it is false;
36
ARTICLE 182
FALSE TESTIMONY IN
CIVIL CASES
Elements:
1. That the testimony must be given in a civil case;
2. That the testimony must relate to the issues presented
in said case;
Material
Relevant
Pertinent
When
it
concerns
collateral
matters which
make more or
less probable
the proposition
at issue.
Oath
Any form of attestation by which a person signifies that he
is bound in conscience to perform an act faithfully and
truthfully.
Affidavit
A sworn statement in writing; a declaration in writing,
made upon oath before an authorized magistrate or
officer.
Elements:
1. That the accused made a statement under oath or
executed an affidavit upon a material matter;
2. That the statement or affidavit was made before a
competent officer authorized to receive and administer
oath;
3. That in that statement or affidavit, the accused made
a willful and deliberate assertion of a falsehood; and
4. That the sworn statement or affidavit containing the
falsity is required by law.
Note: However, in People v. Angangco (G.R. No. L47693, Oct.12, 1943), the SC held that the statement
need not be required but that it was sufficient if it was
AUTHORIZED by law to be made.
Material matter
Is the main fact which is the subject of the inquiry or any
circumstance which tends to prove that fact or any fact or
circumstance which tends to corroborate or strengthen the
37
Elements:
a.
That there be a public auction;
b.
That the accused attempted to cause the buyers
to stay away from that public auction;
c.
That it was done by threats, gifts, promises or
any other artifice; and
d.
That the accused had the intent to cause the
reduction of the price of the thing auctioned.
ARTICLE 184
OFFERING FALSE TESTIMONY IN EVIDENCE
Elements:
1. That the offender offered in evidence a false witness or
testimony;
2. That he knew the witness or testimony was false; and
3. That the offer was made in a judicial or official
proceeding.
Art. 184 does not apply when the offender induced a
witness to testify falsely. Art. 184 applies when the
offender knowingly presented a false witness, and the
latter testified falsely.
ARTICLE 186
MONOPOLIES AND COMBINATIONS
IN RESTRAINT OF TRADE
Acts punished:
1. Combination or conspiracy
competition in the market.
to
prevent
free
38
Elements:
1. That the offender imports, sells or disposes any of
those articles or merchandise;
2. That the stamps, brands or marks of those articles or
merchandise fail to indicate the actual fineness or
quality of said metal or alloy; and
3. That the offender knows that the stamps, brands, or
marks fail to indicate the actual fineness or quality of
said metal or alloy.
Selling the misbranded articles is NOT necessary.
Art. 187 does not apply to the manufacturer of misbranded
articles. The manufacturer is liable for Estafa under Art.
315 subdivision 2(b) of the RPC.
Note: Arts. 188 and 189 have been REPEALED by the
Intellectual Property Code.
REPUBLIC ACT NO. 8293
Intellectual Property Code
Intellectual Property Rights consists of:
1. Copyright and Related Rights;
39
40
the public; or
3. Any person who shall make any false statement in the
course of trade or who shall commit any other act
contrary to good faith of a nature calculated to discredit
the goods, business or services of another (Sec. 168.3,
Intellectual Property Code).
False Designations of Origin; False Description or
Representation
Any person who, on or in connection with any goods or
services, or any container for goods, uses in commerce
any word, term, name, symbol, or device, or any
combination thereof, or any false designation of origin,
false or misleading description of fact, or false or
misleading representation of fact, which:
1. Is likely to cause confusion, or to cause mistake, or to
deceive as to the affiliation, connection, or association
of such person with another person, or as to the origin,
sponsorship, or approval of his or her goods, services,
or commercial activities by another person; or
2. In commercial advertising or promotion, misrepresents
the nature, characteristics, qualities, or geographic
origin of his or her or another person's goods, services,
or commercial activities (Sec. 160, Intellectual Property
Code).
Liable to a civil action for damages and injunction by any
person who believes that he or she is or is likely to be
damaged by such act.
Independent of the civil and administrative sanctions
imposed by law the offender may also be criminally liable.
REPUBLIC ACT NO. 455
Law on Smuggling
Acts punished:
1. That the merchandise must have been fraudulently or
knowingly imported contrary to law.
2. That the defendant if he is not the importer himself,
must have received, concealed, bought, sold or in any
manner facilitated the transportation, concealment, or
sale of the merchandise.
3. That he must be shown to have knowledge that the
merchandise had been illegally imported.
41
of DD (Sec. 25)
Notwithstanding the provisions of the law to the contrary, a
positive finding for the use of dangerous drugs shall be a
QUALIFYING AGGRAVATING CIRCUMSTANCE in the
commission of a crime by an offender, and the applicable
penalty provided for in the RPC shall be applicable.
Confiscation and Forfeiture of Proceeds and
Instruments (Sec. 20)
All proceeds and properties derived from the unlawful acts
under this Act shall be confiscated and forfeited in favor of
the State.
Dangerous Drugs Test and Record Requirement
(Article III)
The following shall be subjected to undergo drug testing:
1. Applicants for drivers license.
2. Applicants for firearms license and for permit to carry
firearms outside of residence.
All persons who by the nature of their profession carry
firearms shall undergo drug testing.
3. Students of secondary and tertiary schools.
4. Officers and employees of public and private offices
(whether domestic or overseas).
Shall be subjected to undergo a random drug test. Any
officer or employee found positive of use of dangerous
drugs shall be dealt with administratively which shall
be a ground for suspension or termination subject to
the provisions of Art. 282 of the Labor Code and
pertinent provisions of the Civil Service Law.
5. Officers and members of the military, police and other
law enforcement agencies shall undergo an annual
mandatory drug test.
6. All candidates for public office whether appointed or
elected both in the national or local government shall
undergo a mandatory drug test.
Note: The Court has held that the testing requirement as
to national officials whose qualifications have been
expressly set in the Constitution, such as the President,
Vice President, Senators and Congressmen, is
unconstitutional. Where the Constitution has expressly set
out the qualifications, these are exclusive and may not be
broadened nor circumscribed by legislative fia. (SJS v.
DDB and PDEA, G.R. No. 157870, November 3, 2008).
The testing requirement is no longer required for those
charged before the prosecutors office. The Court held
that such testing is unconstitutional as it effectively singles
out its subject and seeks to violate his rights against selfincrimination and privacy. A person accused of an offense
does not consent to such testing and neither does he
waive his right to privacy simply by being a person
accused of a crime (SJS v. DDB and PDEA, G.R. No.
157870, November 3, 2008).
42
43
44
45
46
Gambling
Is any game or scheme, whether upon chance or skill,
wherein wagers consisting of money, articles of value or
representative of value are at stake or made.
1. Any person taking part, directly or indirectly in any
illegal or unauthorized activities or games of
cockfighting, jueteng, jai alai or horse racing to include
bookie operations and game fixing, numbers, bingo and
other forms of lotteries; cara y cruz, pompiang and the
like; 7-11 and any game using dice; black jack, lucky
nine, poker and its derivatives, monte, baccarat, cuajo,
pangguigue and other card games; pak que, high and
low, mahjong, domino and other games using plastic
tiles and the like; slot machines, roulette, pinball and
other mechanical contraptions and devices; dog racing,
boat racing, car racing and other forms of races;
basketball, boxing, volleyball, bowling, pingpong and
other forms of individual or team contests to include
game fixing, point shaving and other machinations;
banking or percentage game, or any other game or
scheme, whether upon chance or skill, wherein wagers
consisting of money, articles of value or representative
of value are at stake or made;
2. Any person knowingly permitting any form of gambling
previously enumerated to be carried on in an inhabited
or uninhabited place or in any building, vessel or other
means of transportation owned or controlled by him.
Elements:
a.That a gambling game was carried on in an
inhabited or uninhabited place or in any building,
vessel or other means of transportation;
b. That the place, building, vessel or other means of
transportation is owned or controlled by the offender;
and
c. That the offender permitted the carrying on of such
game, knowing that it is a gambling game.
3.
Any person knowingly
permitting any form of gambling to be carried on in a
place which has a reputation of a gambling place or
where prohibited gambling is frequently carried on
therein, or in a public or government building or
barangay hall;
4.
The maintainer or
conductor of the above gambling schemes.
Maintainer
It is the person who sets up and furnishes the means
with which to carry on the gambling game or scheme.
Conductor
It is the person who manages or carries on the
gambling game or scheme.
A government official
who is a maintainer, conductor or banker of the
gambling schemes, or the player, promoter, referee,
umpire, judge or coach in case of game fixing, point
shaving and other machinations.
6.
Any person who
knowingly and without lawful purpose in any hour of any
day, possesses any lottery list, paper or other matter
containing letters, figures, signs or symbols pertaining
to or in any manner used in the games of jueteng, jai
alai or horse racing bookies and similar games of
lotteries and numbers which have taken place or about
to take place.
7.
Any barangay official
who, with knowledge of the existence of the gambling
house or place in his jurisdiction fails to abate the same
or take action in connection therewith.
8.
Any security officer,
security guard, watchman, private or house detective of
hotels, villages, buildings, enclosures and the like which
have the reputation of a gambling place or where
gambling activities are being held.
Proof that the game took place or is about to take place
is not necessary.
A mere bystander or spectator in a gambling game is
not criminally liable, because he does not take part
therein, directly or indirectly. The law does not make the
mere presence in a gambling house an offense (U.S.
vs. Palma, G.R. No. 2188, May 5, 1905).
Lottery
It is a scheme for the distribution of prizes by chance
among persons who have paid, or agreed to pay, a
valuable consideration for the chance to obtain a prize
(U.S. v. Filart, G.R. No. L-10263, May 13, 1915).
Elements of lottery:
1. Consideration;
2. Chance;
3. Prize or some advantage or inequality in amount or
value which is in the nature of a prize.
There is no lottery when there is full value for money and
the prize is merely incidental (Reyes, p. 343).
ARTICLE 196
IMPORTATION SALE AND POSSESSION OF
LOTTERY TICKETS OR ADVERTISEMENTS
Acts punished relative to lottery tickets or
advertisements:
1. By importing into the Philippines from any foreign
place or port any lottery ticket or advertisement.
47
ARTICLE 200
GRAVE SCANDAL
Elements:
1. That the offender performs an act or acts;
2. That such act or acts be highly scandalous as
offending against decency or good customs;
3. That the highly scandalous conduct is not expressly
falling within any article of the RPC; and
4. That the act or acts complained of be committed in a
public place or within the public knowledge or view.
Decency
Means proprietary of conduct; proper observance of the
requirements of modesty, good taste, etc.
ARTICLE 199
ILLEGAL COCKFIGHTING
Modified by: PD 449
Under PD 449, the following may be held liable:
1. Any person who, directly or indirectly, participates in
cockfights, by betting money or other valuable things in
a day other than those permitted by law.
2. Any person who, directly or indirectly, organizes
cockfights at which bets are made in a day other than
those permitted by law.
3. Any person who, directly or indirectly, participates in
48
Customs
Established usage, social conventions carried on by
tradition and enforced by social disapproval of any
violation thereof.
Grave scandal
Consists of acts which are offensive to decency and good
customs which, having been committed publicly, have
given rise to public scandal to persons who have
accidentally witnessed the same.
Persons Liable:
1.
Those who shall publicly expound or proclaim
doctrines openly contrary to public morals.
2. The authors of obscene literature, published with
their knowledge in any form; the editors publishing such
literature; and the owners/operators of the
establishment selling the same.
Indecency
It is an act against the good behavior and a just delicacy.
49
50
1.
ARTICLE 203
WHO ARE PUBLIC OFFICERS
Requisites:
To be a public officer one must be
51
Interlocutory order
It is an order which is issued by the court between the
commencement and the end of a suit or action and which
decides some point or matter, but which, however, is not a
final decision of the matter in issue.
Test: Does it leave something to be done in the trial court
with respect to the merits of the case? If it does, it is
interlocutory; if it does not, it is final.
52
Procurador judicial
A person who had some practical knowledge of law and
procedure, but not a lawyer, and was permitted to
represent a party in a case before an inferior court.
Acts punished:
1. Causing damage to his client, either:
a. By any malicious breach of professional duty; or
b. Inexcusable negligence or ignorance.
53
Indirect Bribery
As to consideration
In both crimes the public officer receives gift.
No such agreement
exists.
Elements:
1. That the offender is a public officer entrusted with law
enforcement;
2. That the offender refrains from arresting or
prosecuting an offender who has committed a crime
punishable by reclusion perpetua and/or death; and
As to existence of agreement
There is an agreement
between the public
officer and the giver of
gift or present.
54
55
56
57
58
ARTICLE 213
FRAUDS AGAINST THE TREASURY AND SIMILAR OF
OFFENSES
59
Acts Punished:
1. By 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. By demanding, directly or indirectly, the payment of
sums different from or larger than those authorized by
law, in the collection of taxes, licenses, fees, and other
imposts.
3. By 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. By 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 public treasury (Par. 1):
1. That the offender be a public officer;
2. That he should have taken advantage of his office,
that is, he intervened in the transaction in his official
capacity;
3. That 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. That the accused had 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 adjustment or settlement of
accounts relating to public property or funds.
This crime is consummated by merely entering into an
agreement with any interested party or speculator or by
merely making use of a scheme to defraud the
government. 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.
Elements of illegal exactions (Pars. 2-4):
1. The offender is a public officer entrusted with the
collection of taxes, licenses, fees and other imposts;
and
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
ARTICLE 217
MALVERSATION OF PUBLIC FUNDS OR PROPERTY
PRESUMPTION OF MALVERSATION
ARTICLE 215
PROHIBITED TRANSACTIONS
Elements:
1. That the offender is an appointive public officer;
Examples: justices, judges or fiscals, employees
engaged in the collection and administration of public
funds
2. That he becomes interested, directly or indirectly, in
any transaction of exchange or speculation;
3. That the transaction takes place within the territory
subject to his jurisdiction; and
4. That he becomes interested in the transaction during
his incumbency.
The transaction must be one of exchange or speculation,
such as buying and selling stocks, commodities, land,
60
61
Malversation
62
Malversation
ARTICLE 224
EVASION THROUGH NEGLIGENCE
Elements:
1. That the offender is a public officer;
2. That he is charged with the conveyance or custody of a
prisoner, either detention prisoner or prisoner by final
judgment; and
3. That such prisoner escapes through his negligence.
ARTICLE 226
REMOVAL, CONCEALMENT, OR DESTRUCTION OF
DOCUMENTS
63
Elements:
1. That the offender be a public officer;
ARTICLE 228
OPENING OF CLOSED DOCUMENTS
Elements:
1. That the offender is a public officer;
2. That any closed papers, documents, or objects are
entrusted to his custody;
3. That he opens or permits to be opened said closed
papers, documents, or objects; and
4. That he does not have the proper authority.
The closed document must be entrusted to the custody of
the accused by reason of his office.
If in opening closed papers or objects, the public officer
broke the seal, the offense would be breaking seal under
Art. 227 and not the crime of opening a closed document,
because the offender must be a public officer not
included in the preceding article.
Damage or intent to cause damage is NOT an element of
this offense.
SECTION THREE: REVELATION OF SECRETS
ARTICLE 229
REVELATION OF SECRETS BY AN OFFICER
Acts punished:
1. By revealing any secret known to the offending public
officer by reason of his official capacity.
Elements of No. 1:
1. That the offender is a public officer;
That he knows of a secret by reason of his official
capacity;
2. That he reveals such secret without authority or
justifiable reasons; and
3. That damage, great or small, be caused to public
interest.
ARTICLE 227
OFFICER BREAKING SEAL
Elements:
1. That the offender is a public officer;
2. That he is charged with the custody of papers or
property;
3. That these papers or property are sealed by proper
authority; and
4. That he breaks the seals or permits them to be broken.
5.
Damage or intent to damage is not necessary.
64
Elements of No. 2:
1. That the offender is a public officer;
2. That he has charge of papers;
3. That those papers should not be published;
4. That he delivers those papers or copies thereof to a
third person;
5. That the delivery is wrongful; and
6. That damage be caused to public interest
Charge
Means control or custody. If the public officer is merely
entrusted with the papers but not with the custody, he is
not liable under this provision.
Damage is an element of the offenses defined in Art. 229.
A higher penalty is provided if serious damage is caused
otherwise a lower penalty is imposed. This indicates that
the lesser penalty refers to causing damage which is not
serious.
Revelation of Secrets
by an Officer
The papers contain
secrets and therefore
should
not
be
published, and the
public officer having
charge thereof removes
and delivers them
wrongfully to a third
person.
Infidelity in the
Custody of
Document/Papers by
Removing the Same
The papers do not
contain secrets but
their removal is for an
illicit purpose.
ARTICLE 230
PUBLIC OFFICER REVEALING SECRETS OF PRIVATE
INDIVIDUAL
Elements:
1. That the offender is a public officer;
2. That he knows of the secrets of a private individual by
reason of his office; and
3. That he reveals such secrets without authority or
justifiable reason.
If the offender is a lawyer, the crime under Art. 209 is
committed.
If the offender is a private individual, the crime under Art.
290 or 291 is committed.
65
Elements:
1. That the offender is a public officer;
2. That an order is issued by his superior for execution;
3. That he has for any reason suspended the execution of
such order;
4. That his superior disapproves the suspension of the
execution of the order; and
5. That the offender disobeys his superior despite the
disapproval of the suspension.
This article does NOT apply if the order of the superior is
illegal.
ARTICLE 233
REFUSAL OF ASSISTANCE
Elements:
1. That the offender is a public officer;
2. That a competent authority demands from the offender
that he lend his cooperation towards the administration
of justice or other public service; and
66
Abandonment of
Office
(Art. 238)
Committed by any
public officer.
ARTICLE 236
ANTICIPATION OF DUTIES OF
A PUBLIC OFFICE
Elements:
1. That the offender is entitled to hold a public office or
employment, either by election or appointment;
2. That the law requires that he should first be sworn in
and/or should first give a bond;
3. That he assumes the performance of the duties and
67
Negligence and
Tolerance in
Prosecution of
Offenses
(Art. 208)
Committed only by
public officers who have
the duty to institute
prosecution for the
punishment of violations
of the law.
ARTICLE 243
ORDERS OR REQUESTS BY EXECUTIVE
OFFICERS TO ANY JUDICIAL AUTHORITY
Elements:
1. That the offender is an executive officer;
2. That he addresses any order or suggestion to any
judicial authority; and
3. That the order or suggestion relates to any case or
business coming within the exclusive jurisdiction of the
courts of justice.
ARTICLE 244
UNLAWFUL APPOINTMENTS
Elements:
1. That the offender is a public officer;
2. That he nominates or appoints a person to a public
office;
3. That such person lacks the legal qualifications
therefor; and
4. That the offender knows that his nominee or
appointee lacks the qualification at the time he made
the nomination or appointment.
The offense is committed by nominating or by
appointing. Nominate is different from recommend.
Recommending, knowing that the recommendee has no
qualification, is not a crime.
There must be a law providing for the qualifications of a
person to be nominated or appointed to a public office.
Elements:
1. That the offender is an officer of the executive
branch of the Government;
2. That he:
a.
Assumes judicial powers; or
b.
Obstructs the execution of any order or decision
rendered by any judge within his jurisdiction.
ARTICLE 242
DISOBEYING REQUEST FOR DISQUALIFICATION
Elements:
1. That the offender is a public officer;
2. That a proceeding is pending before such public
officer;
3. That there is a question brought before the proper
68
Elements:
1. That the offender is a public officer;
2. That he solicits or makes immoral or indecent
advances to a woman; and
3. That such woman must be
a. Interested in matters pending before the offender
for decision, or with respect to which he is required
to submit a report to or consult with a superior
officer; or
b. 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; or
c. The wife, daughter, sister or relative within the
same degree by affinity of the person in the custody
of the offender.
The mother of the person in the custody of the offender is
NOT included.
Solicit
Means to propose earnestly and persistently something
unchaste and immoral to a woman.
This crime is consummated by mere proposal. If the
offender succeeds in committing a crime against chastity,
the solicitation and advances are considered merely as
preparatory acts.
Proof of solicitation is NOT necessary when there is
sexual intercourse.
Note: See also RA 7877, the Anti-Sexual Harassment
Act of 1995 which applies where the accused demands,
requests or otherwise requires any sexual favors from the
victim in a work, education or training-related
environment.
69
ARTICLE 248
MURDER
Murder
Unlawful killing of any person which is not parricide or
infanticide, provided that any of the following
circumstances is present:
70
Homicide
The unlawful killing of any person, which is NOT parricide,
murder or infanticide.
Intent to kill is conclusively presumed when death results;
evidence of intent to kill is important only in attempted or
frustrated homicide.
71
ARTICLE 253
GIVING ASSISTANCE TO SUICIDE
Acts punished:
1. By assisting another to commit suicide, whether the
suicide is consummated or not.
2. By lending his assistance to another to commit suicide
to the extent of doing the killing himself.
A person who attempts to commit suicide is not criminally
liable even if an innocent third person or property is hurt or
damaged.
The penalty for giving assistance to suicide if the offender
is the father, mother, child or spouse of the one
committing suicide is the same since the law does not
distinguish.
Euthanasia or Mercy-Killing
Is a practice of painlessly putting to death a person
suffering from some incurable disease.
72
ARTICLE 256
INTENTIONAL ABORTION
Intentional abortion
Willful killing of the fetus in the uterus or the violent
expulsion of the fetus from the maternal womb which
results in the death of the fetus.
ARTICLE 257
UNINTENTIONAL ABORTION
73
Elements:
1. That there is a pregnant woman;
2. That violence is used upon such pregnant woman
without intending an abortion;
3. That the violence is intentionally exerted; and
4. That as a result of the violence, the fetus dies, either in
the womb or after having been expelled therefrom.
Violence refers to actual physical force.
CONFLICTING VIEWS: The offender must have known of
the womans pregnancy (People v. Carnaso, C.A., 61 OG
3623) However, in US v. Jeffrey (GR No. 5597, March 5,
1910), it was ruled that knowledge of such pregnancy was
not necessary.
In the case of People vs. Salufrania (G.R. No. L-50884
March 30, 1988), the Supreme Court ruled that despite
knowledge of the accused of his wifes pregnancy, the
intent to cause the abortion has not been sufficiently
established, thus, the accused is only liable for the
complex crime of parricide (for the death of wife) with
unintentional abortion (for the death of the fetus in the
mothers womb).
ARTICLE 260
RESPONSIBILITY OF PARTICIPANTS
IN A DUEL
Acts punished:
1. By killing ones adversary in a duel;
2. By inflicting upon such adversary physical injuries; and
3. By making a combat although no physical injuries have
been inflicted.
74
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.
Duel
A formal or regular combat previously concerted between
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 other conditions of the fight.
Seconds
The persons who make the selection of the arms and fix
the other conditions of the fight.
How committed:
1. By wounding;
2. By beating;
3. By assaulting; or
4. By administering injurious substance.
Serious physical injuries
1. When the injured person becomes insane, imbecile,
impotent or blind in consequence of the physical
injuries inflicted;
ARTICLE 262
MUTILATION
Impotence
Means inability to copulate.
Two kinds:
1. By intentionally mutilating another by depriving him,
either totally or partially, of some essential organ for
reproduction (castration).
Elements:
a. That there be castration, that is, mutilation of
organs necessary for generation, such as penis or
ovarium; and
b. That the mutilation is caused purposely and
deliberately, that is, to deprive the offended party of
some essential organ for reproduction.
Note: Intentionally depriving the victim of the
reproductive organ does not necessarily involve the
cutting off of the organ or any part thereof. It suffices
that it is rendered useless.
75
76
Physical Injuries
Attempted or
Frustrated Homicide
ARTICLE 266
SLIGHT PHYSICAL INJURIES
AND MALTREATMENT
Kinds:
1. Physical injuries which incapacitated the offended
party for labor from one to nine days, or required
medical attendance during the same period;
2. Physical injuries which did not prevent the offended
party from engaging in his habitual work or which did
not require medical attendance; and
3. Ill-treatment of another by deed without causing any
injury.
Example: Any physical violence which does not produce
injury, such as slapping the face of the offended party,
without causing a dishonor.
When there is no evidence of actual injury, it is only slight
physical injuries.
Supervening event converting the crime into serious
physical injuries after the filing of the information for slight
physical injuries can still be the subject of a new charge.
If physical injuries were inflicted with an intent to insult or
humiliate the injured person, the intent to insult or
humiliate shall be:
Considered as an aggravating circumstance of ignominy
in case of serious physical injuries.
Considered in increasing the penalty and qualifying the
crime in case of less serious physical injuries.
Separate crime of slander by deed in case of slight
physical injuries.
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Physical Injuries
Mutilation
No
SPECIAL
INTENTION to clip
off some part of the
body so as to deprive
he offended party of
such part.
There is a SPECIAL
INTENTION to clip off
some part of the body
so as to deprive him of
such part.
ANTI-HAZING LAW
(R.A. No. 8049)
Hazing
It is an initiation rite or practice as a prerequisite for
admission into membership in a fraternity, sorority or
organization by placing the recruit, neophyte or applicant
in some embarrassing or humiliating situations such as
78
Punishable Acts
The crime of violence against women and their children is
committed through any of the following acts:
1. Causing physical harm to the woman or her child;
2. Threatening to cause the woman or her child physical
harm;
3. Attempting to cause the woman or her child physical
harm;
4. Placing the woman or her child in fear of imminent
physical harm;
5. Attempting to compel or compelling the woman or her
child to engage in conduct which the woman or her
child has the right to desist from or desist from conduct
which the woman or her child has the right to engage
in, or attempting to restrict or restricting the woman's
or her child's freedom of movement or conduct by
force or threat of force, physical or other harm or threat
of physical or other harm, or intimidation directed
against the woman or child. This shall include, but not
limited to, the following acts committed with the
purpose or effect of controlling or restricting the
woman's or her child's movement or conduct:
a. Threatening to deprive or actually depriving the
woman or her child of custody to her/his family;
b. Depriving or threatening to deprive the woman or
her children of financial support legally due her or
her family, or deliberately providing the woman's
children insufficient financial support;
c. Depriving or threatening to deprive the woman or
her child of a legal right;
d. Preventing the woman in engaging in any legitimate
profession, occupation, business or activity or
controlling the victim's own mon4ey or properties,
or solely controlling the conjugal or common
money, or properties;
6. Inflicting or threatening to inflict physical harm on
oneself for the purpose of controlling her actions or
decisions;
79
ARTICLE 266-A
THE ANTI-RAPE LAW (RA 8353)
Classification of Rape
1. Traditional Rape under Art. 335 carnal knowledge
of a woman against her will; in this case, the offender is
always a man and the offended party is always a
woman.
2.
Sexual Assault under R.A. 8353 this is
committed when the offender inserts his penis to
another persons mouth or anal orifice or by inserting an
instrument or object into the genital or anal orifice of
another person. The offender and the offended party
can either be a man or a woman in the case of the
insertion of any instrument or object.
How rape is committed:
1. By a man who shall have carnal knowledge of a
woman under any of the following circumstances:
a. Through force, threat or intimidation;
b. When the offended party is deprived of reason or
otherwise unconscious;
c. By means of fraudulent machinations or grave abuse
of authority;
80
Intimidation
Includes the moral kind; Intimidation must be viewed in
light of the victims perception and judgment at the time of
rape and not by any hard and fast rule.
Having sex with a deaf-mute is not rape in the absence of
proof that she is imbecile.
There is NO crime of rape if liquor or drug is used to
induce the victims consent so as to incite her passion and
it did not deprive her of her will power.
Moral ascendancy or influence exercised by the accused
over the victim substitutes for the element of physical
force or intimidation in cases of rape.
Rape Shield Rule Character of the woman is immaterial
in rape. It is no defense that the woman is of unchaste
character, provided the illicit relations were committed with
force and violence, etc.
Rape may be committed using the fingers under the
second act, but the instrument or object other than the
penis must be inserted into the genital or anal orifice of
another person (Obaa v. Hon. Soriano, G.R. No. 60353.
Aug. 21, 2001).
ARTICLE 266-B
QUALIFIED RAPE
Rape under both acts of committing it is qualified by
the following:
1. When rape is committed with the use of a deadly
weapon or by two or more persons;
2. When by reason or occasion of rape, the victim has
become insane;
3. When the rape is attempted and a homicide is
committed by reason of or on the occasion of rape
(special complex crime);
4. When by reason of or on occasion of rape, homicide
is committed (special complex crime);
5. When the victim is under 18 years of age and the
offender is a parent, ascendant, step-parent, guardian,
relative by consanguinity or affinity within the third civil
degree, or the common law spouse of the parent of the
victim;
The statement that the victim is the minor daughter of
the offender is not enough. It is essential that the
information must state the exact age of the victim at the
time of the commission of the crime (People v.
Baniguid, G.R. No. 137714, Sept. 8, 2000).
81
ARTICLE 267
KIDNAPPING AND SERIOUS
ILLEGAL DETENTION
Elements:
1. That the offender is a private individual who is not any
of the parents of the victim nor a female; (People vs.
Ponce, G.R. No. 171653, April 24, 2007);
2. That he kidnaps or detains another, or in any other
manner deprives the latter of his liberty;
3. That the act of detention or kidnapping must be illegal;
and
82
83
Arbitrary Detention
Committed by a public
officer or employee
who detains a person
without legal ground.
Forcible Abduction
with Rape
At the outset, there is
already lewd design.
If there is an attempted
rape, it shall be
considered a separate
crime.
It is a complex crime
under Article 48 since
forcible abduction is a
necessary means of
committing the crime
of rape.
If there is an
attempted rape, the
crime committed is
only
forcible
abduction, the former
being an expression
of the lewd design.
If there are multiple
rapes, only one is
complexed
with
forcible abduction and
the rest shall be
considered
as
separate crimes.
ARTICLE 268
SLIGHT ILLEGAL DETENTION
Elements:
1. That the offender is a private individual;
2. That he kidnaps or detains another, or in any manner
deprives him of his liberty;
3. That the act of kidnapping or detention is illegal; and
4. That the crime is committed without the attendance of
the circumstances enumerated in Art. 267.
Liability is mitigated
circumstances concur:
when
the
following
Other Illegal
Detention
Purpose of locking up
or detaining the victim is
to deliver him to the
proper authorities, and
develops to be unlawful.
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
Kidnapping and
Failure to Return a
Minor
Offender
is
not
entrusted with the
custody of the victim.
Offender is entrusted
with the custody of
the minor.
What is punished is
the Illegal detaining or
kidnapping of the
minor.
What is punished is
the deliberate failure
of the offender having
the custody of the
minor to restore him
to his parents or
guardian.
ARTICLE 271
INDUCING A MINOR TO ABANDON
HIS HOME
Unlawful Arrest
Detention is not
authorized
by
law
Elements:
1. That a minor (less than 18 years old) is living in the
home of his parents or guardian or the person entrusted
with his custody; and
2. That the offender induces said minor to abandon such
home.
84
Elements:
1. That the offender purchases, sells, kidnaps or detains a
human being; and
2. That the purpose of the offender is to enslave such
human being.
Qualifying circumstance: When the purpose of the
offender is to assign the offended party to some immoral
traffic.
If the victim is female, the crime committed may be that
under Art. 341 or white slave trade.
The purpose must be determined, if the purpose is to
enslave the victim, it is slavery; otherwise, it is kidnapping
or illegal detention.
Services Rendered
under Compulsion in
Payment of Debt
Victim is a minor
Minor is compelled to
render services for the
supposed debt of his
parent or guardian.
Limited to household
and farm work.
If in other capacities,
crime committed may
be coercion.
ARTICLE 273
EXPLOITATION OF CHILD LABOR
Elements:
1. That the offender retains a minor in his service;
2. That it is against the will of the minor; and
3. That it is under pretext of reimbursing himself of a debt
incurred by an ascendant, guardian or person entrusted
with the custody of such minor.
Note the phrase against the (minors) latters will; hence,
85
ARTICLE 277
ABANDONMENT OF MINOR ENTRUSTED WITH HIS
CUSTODY;
INDIFFERENCE OF PARENTS
Uninhabited place
It is determined by possibility
assistance from another. The
considered uninhabited in legal
there are many houses around
receiving assistance is remote.
of person receiving
place may still be
contemplation even if
but the possibility of
86
Acts punished:
1. By 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, in the
absence of that one, without the consent of the proper
authorities.
Elements of Abandonment of Minor:
1. That the offender has charge of the rearing or
education of a minor;
2. That he delivers said minor to a public institution
or other persons and;
3. That the one who entrusted such child to the
offender has not consented to such act, or if the
one who entrusted such child to the offender is
absent, the proper authorities have not consented
to it.
2. By neglecting his (offenders) children by not giving
them the education which their station in life requires
and financial condition permits.
Elements of Indifference of Parents:
1. That the offender is a parent;
2. That he neglects his children by not giving them
education;
3. That his station in life requires such education and
his financial condition permits it.
Failure to give education must be due to deliberate desire
to evade such obligation.
Abandonment of
Minor by Persons
Entrusted with
Custody
Abandonment
of Minor
Minor is delivered to a
public institution or
other person.
Minor is abandoned in
such a way as to
deprive him of the
care and protection
that his tender years
need.
Exploitation of Minors
(Art 278, par. 5)
Inducing A Minor to
Abandon his Home
(Art. 271)
The
purpose
of
inducing the minor to
abandon the home is to
follow any person
engaged in any of the
callings mentioned.
No such purpose.
Victim is
a minor
(under 18 years of
age).
ARTICLE 278
EXPLOITATION OF MINORS
Acts Punished:
1. Causing any boy or girl under 16 years of age to
perform any dangerous feat of balancing, physical
strength, or contortion, the offender being any person.
2. Employing children under 16 years of age who are not
children or descendants of the offender in exhibitions
of acrobat, gymnast, rope-walker, diver, or wild animal
tamer, the offender being an acrobat, etc., or circus
manager or engaged in a similar calling.
3. Employing any descendant under 12 years of age in
dangerous exhibitions enumerated in the next
preceding paragraph, the offender being engaged in
any of said callings.
4. Delivering a child under 16 years of age gratuitously to
any person following any calling enumerated in
paragraph two, or to any habitual vagrant or beggar,
the offender being an ascendant, guardian, teacher, or
person entrusted in any capacity with the care of such
child.
5. Inducing any child under 16 years of age to abandon
the home of its ascendants, guardians, curators or
teachers to follow any person engaged in any calling
mentioned in paragraph two, or to accompany any
87
Qualified Trespass to
Dwelling
Dwelling place
Means any building or structure exclusively devoted for
rest and comfort. It is not necessary that it be the
permanent dwelling of the person.
Determining factor of whether a building is a dwelling
depends upon the use to which it is put.
In general, all members of a household must be presumed
to have authority to extend an invitation to enter the
house.
To commit trespass, the entrance by the accused should
be against the presumed/implied or express prohibition of
the occupant. Lack of permission does not amount to
prohibition.
There is an implied prohibition when entrance is made
through means not intended for ingress.
Rule: Whoever enters the dwelling of another at late hour
of the night after the inmates have retired and closed their
doors does so against their will. Prohibition in this case is
presumed.
If a person was killed after trespass by the offender, the
following crimes are committed:
a. If there was no intent to kill when he entered separate
crimes of homicide or murder and qualified trespass to
dwelling.
b. If there was intent to kill when he entered the crime of
homicide/murder with dwelling as an aggravating
circumstance.
Prohibition must be in existence prior to or at the time of
entrance.
Other Forms of
Trespass
Offender is a private
person.
Offender enters
dwelling house.
Offender
enters
closed premises or
fenced estate.
Place
entered
inhabited.
is
Place entered
uninhabited.
88
is
Prohibition to enter is
express or implied.
Prohibition to enter
must be manifest.
wrong;
b. That such wrong amounts to a crime; and
c. That the threat is not subject to a condition.
The third form of grave threats must be serious in the
sense that it is deliberate and that the offender persists in
the idea involved in his threats.
Premises
Signifies distinct and definite locality. It may mean a room,
shop, building or definite area, but in either case, locality
is fixed.
SECTION THREE:
THREATS AND COERCION
Grave Threats
Light Threats
Act
threatened
amounts to a crime.
Threats
Coercion
Intimidation
essential.
ARTICLE 282
GRAVE THREATS
Acts punished:
1. By threatening another with the infliction upon his
person, honor, or property or that of his family of any
wrong amounting to a crime and demanding money or
imposing any other condition even though not
unlawful, and the offender attained his purpose. (with
condition)
Elements of Grave Threats where the offender
attained his purpose:
a. That the offender threatens another person with the
infliction upon the latters person, honor or property,
or upon that of the latters family, of any wrong;
b. That such wrong amounts to a crime;
c. That there is a demand for money or that any other
condition is imposed, even though not unlawful; and
d. That the offender attains his purpose.
is
Intimidation
or
Violence
is
the
essence of the crime.
future
Force or Violence
must be imminent,
actual and immediate.
Intimidation is directed
against the victim or his
family.
Intimidation is directed
against the victim
only.
Intimidation is
and conditional.
89
Applicable only to
cases of grave threats
and light threats.
It is a distinct penalty.
It is an additional
penalty.
ARTICLE 285
OTHER LIGHT THREATS
Acts Punished:
1. Threatening another with a weapon, or drawing such
weapon in a quarrel, unless it be in lawful self-defense.
2. Orally threatening another, in the heat of anger, with
some harm constituting a crime, without persisting in
the idea involved in his threat.
3. Orally threatening to do another any harm not
constituting a felony.
Where the threats are directed to a person who is absent
and uttered in a temporary fit of anger, the offense is only
other light threats.
Other Light Threats
In certain cases,
demand for money is
material.
No condition imposed.
In certain cases,
imposed condition is
material.
Threat is not
deliberate.
Threat is deliberate.
ARTICLE 286
GRAVE COERCION
Two Ways of Committing Grave Coercion:
1. By preventing another by means of violence, threats or
intimidation, from doing something not prohibited by
law (Preventive).
If the thing prevented from execution is prohibited by
law, there will be no coercion.
90
Compulsive
Unjust Vexation
There is no violence
or intimidation.
Grave Coercion
Illegal Detention
Intent to deprive is
present.
Grave Coercion
Maltreatment of
Prisoners
91
unlawful under Art. 116 of the Labor Code, not under the
RPC. Wages shall be paid in legal tender and the use of
tokens, promissory notes, vouchers, coupons, or any
other form alleged to represent legal tender is absolutely
prohibited even when expressly requested by the
employee.
ARTICLE 289
FORMATION, MAINTENANCE, & PROHIBITION OF
COMBINATION OF CAPITAL OR LABOR THROUGH
VIOLENCE OR THREATS
Elements:
1. That the offender employs violence or threats, in such
a degree as to compel or force the laborers or
employers in the free and legal exercise of their
industry or work; and
2. That the purpose is to organize, maintain or prevent
coalitions of capital or laborers or lockout of
employers.
The act should not be a more serious offense.
Peaceful picketing is allowed. When the picketers employ
violence or if they make threats, they shall be held liable
for coercion.
Preventing employee from joining any registered labor
organization is punished under the Labor Code, not under
the RPC.
CHAPTER THREE: DISCOVERY AND
REVELATION OF SECRETS
(ARTS. 290-292)
ARTICLE 290
DISCOVERING SECRETS THROUGH
SEIZURE OF CORRESPONDENCE
Elements:
1. That the offender is a private individual or even a public
officer not in the exercise of his official function;
2. That he seizes the papers or letters of another;
3. That the purpose is to discover the secrets of such
other person; and
4. That the offender is informed of the contents of the
papers or letters seized.
Seize
Inducing an employee to give up any part of his wages by
force, stealth, intimidation, threat or by any other means is
92
ARTICLE 291
REVEALING SECRETS WITH
ABUSE OF OFFICE
Elements:
1. That the offender is a manager, employee or servant;
2. That he learns the secrets of his principal or master in
such capacity;
3. That he reveals such secrets.
Public Officer
Revealing Secrets of
Private Individual
Private
individual
seizes the papers or
letters of another.
It is necessary that
the offender seizes
the papers or letters
of another to discover
the secret of the latter.
Reveals
without
reason.
It is not necessary
that there by a secret,
and if there is a secret
discovered, it is not
necessary that it be
revealed.
the secret
justifiable
ARTICLE 292
REVELATION OF INDUSTRIAL SECRETS
Elements:
1. That the offender is a person in charge, employee or
workman of a manufacturing or industrial
establishment;
2. That the manufacturing/industrial establishment has a
secret of the industry which the offender has learned;
3. That the offender reveals such secrets;
4. That prejudice is caused to the owner.
Seizure of
Correspondence
93
Classification of Robbery:
1. Robbery with violence against, or intimidation of
persons (Arts. 294, 297 and 298).
2. Robbery by use of force upon things (Arts. 299 and
302).
Elements of Robbery in general:
1. That there be personal property (bienes muebles)
belonging to another;
2. That there is unlawful taking (apoderamiento or
asportacion) of that property;
3. That the taking must be with intent to gain (animus
lucrandi); and
Intent to gain
Intent to gain is presumed from the unlawful taking of
personal property.
94
1
2
3
4
Acts Punished:
1. (a) When by reason or on occasion of the robbery, the
crime of homicide is committed; (b) or when the robbery
is accompanied by rape or intentional mutilation or
arson.
2. When by reason or on occasion of such robbery any of
the physical injuries resulting in insanity, imbecility,
impotency or blindness is inflicted. (subdivision 1 of Art.
263)
3. When by reason or on occasion of robbery, any of the
physical injuries penalized in subdivision 2 of Art. 263 is
inflicted.
When the person injured
a.
Loses the use of speech or the power to hear or
to smell, or loses an eye, a hand, a foot, an arm, or a
leg;
b.
Loses the use of any such member; or
c.
Becomes incapacitated for the work in which he
was therefore habitually engaged, in consequence of
the physical injuries inflicted;
4. (a) 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; or (b)
When in the course of its execution, the offender shall
have inflicted upon ANY PERSON NOT RESPONSIBLE
FOR ITS COMMISSION physical injuries covered by
subdivisions 3 and 4 of Art. 263.
When the person injured
a.
Becomes deformed; or
b.
Loses any other member of his body; or
c.
Loses the use thereof; or
d.
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; or
e.
When the injured person 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.
5. If the violence employed by the offender does not
cause any of the serious physical injuries defined in Art.
263, or if the offender employs intimidation only. (simple
robbery)
These offenses are known as SPECIAL COMPLEX
CRIMES. Crimes defined under this article are the
following:
0
1. Robbery with homicide
95
All the robbers may be held liable for robbery with rape
even if not all of them committed the crime of rape based
on the concept of conspiracy. (People vs. Balacanao,
G.R. No. 118133, February 28, 2003)
Simple Robbery
Par. 5 is known as simple robbery because they only
involve slight or less serious physical injuries, which are
absorbed in the crime of robbery as an element thereof.
96
Threats to Extort
Money
Robbery thru
Intimidation
Intimidation is
conditional or future.
Intimidation is actual
and immediate.
Intimidation may be
through an intermediary.
Intimidation
personal.
Intimidation is directed
only to the person of
the victim.
Robbery
Bribery
is
Robbery
Grave Coercion
ARTICLE 296
DEFINITION OF A BAND AND PENALTY INCURRED
BY THE MEMBERS THEREOF
No intent to gain.
ARTICLE 295
ROBBERY WITH PHYSICAL INJURIES,
COMMITTED IN AN UNINHABITED PLACE AND BY
A BAND OR WITH THE USE OF FIREARM ON A
STREET, ROAD OR ALLEY
Qualified Robbery with Violence Against or
Intimidation of Persons:
Nos. 3, 4, and 5 of Article 294 if committed:
1. In an uninhabited place (despoblado); or
2. By a band (en cuadrilla); or
3. By attacking a moving train, street car, motor vehicle,
or airship; or
4. By entering the passengers compartments in a train,
or in any manner taking the passengers by surprise in
their respective conveyances; or
5. On a street, road, highway, or alley, and the
intimidation is made with use of firearms, the offender
shall be punished by the maximum period or the proper
penalties prescribed in Art. 294.
This article provides for five special aggravating
circumstances which, because they impose the penalty in
the maximum period and cannot be offset by a generic
mitigating circumstance, are also considered as qualifying
circumstances.
Robbery with
Violence Against or
Intimidation of
Persons
Despoblado and en
cuadrilla need not
concur.
Robbery in an
Uninhabited Place
and by a Band
Both must concur.
0
If the crime committed is robbery with homicide, rape,
mutilation or arson (Par. 1) or with physical injuries under
subdivision 1 of Art. 263 (Par. 2), despoblado and
cuadrilla will each be considered only as a generic
aggravating circumstance.
97
Outline:
1. When at least four armed malefactors take part in the
commission of a robbery, it is deemed committed by a
band.
2. When any of the arms used in the commission of
robbery is not licensed, the penalty upon all malefactors
shall be the maximum of the corresponding penalty
provided by law without prejudice to the criminal liability
for illegal possession of firearms.
3. Any member by a band who was present at the
commission of a robbery by the band, shall be punished
as principal of any assaults committed by the band,
unless it be shown that he attempted to prevent the
same.
Art. 296, just like Art. 295, also applies only to robbery
under pars. 3, 4 and 5 of Art. 294, and not to robbery with
homicide, rape, intentional mutilation, arson or the
physical injuries in par. 1 of Art. 263.
PD 1866 penalizes illegal possession of firearm in addition
to criminal liability for robbery by a band. Under R.A. No.
8294, the use of unlawful firearms in murder and homicide
is now considered not as a separate crime but merely a
special aggravating circumstance.
Use of unlicensed firearm by a band in the commission of
robbery with physical injuries cannot be offset by a
generic mitigating circumstance.
Requisites for liability for the acts of other members
of the band:
1. He was a member of the band;
2. He was present at the commission of a robbery by that
band;
3. The other members of that band committed an assault;
and
4. He did not attempt to prevent the assault.
Robbery by a band - all are liable for any assault
committed by the band, unless the others attempted to
prevent the assault.
Proof of conspiracy is not necessary when four or more
armed persons committed robbery.
The circumstance that the robbery was committed by a
band would only be appreciated as an ordinary
aggravating circumstance in Robbery with Homicide. No
such crime as robbery with homicide in band (People vs.
1
The penalty is the same whether the robbery is attempted
or frustrated.
2
3
ARTICLE 298
EXECUTION OF DEEDS BY MEANS OF VIOLENCE
OR INTIMIDATION
Elements:
1. That the offender has intent to defraud another;
2. That the offender compels him to sign, execute, or
deliver any public instrument or document; and
3. That the compulsion is by means of violence or
intimidation.
Art. 298 is not applicable if the document is void (Reyes,
p. 698).
SECTION TWO: ROBBERY WITH THE USE OF FORCE
UPON THINGS
ARTICLE 299
ROBBERY IN AN INHABITED HOUSE/PUBLIC
BUILDING OR EDIFICE DEVOTED TO WORSHIP
Elements: (Subdivision A)
1. The offender entered
a.
an inhabited house;
b.
a public building; or
c.
an edifice devoted to religious worship;
2. The entrance was effected by any of the following
means:
a.
Through an opening not intended for entrance or
egress; or
b.
By breaking any wall, roof, floor, door, or window;
or
c.
By using false keys, picklocks or similar tools; or
d.
By using any fictitious name or pretending the
exercise of public authority.
3. That once inside the building, the offender took
personal property belonging to another with intent to
gain.
Any of the four means described in subdivision (a) of Art.
299 must be resorted to by the offender TO ENTER a
house, not to get out.
The wall broken must be an outside wall, not a wall
between rooms in a house or building, because the
breaking of a wall must be for the purpose of entering.
But if a room is occupied by a person as his separate
dwelling, the breaking of the rooms wall may give rise to
robbery.
False keys
Genuine keys stolen from the owner or any keys other
98
ARTICLE 301
WHAT IS AN INHABITED HOUSE, PUBLIC BUILDING
OR BUILDING DEDICATED TO RELIGIOUS WORSHIP
AND THEIR DEPENDENCIES
Inhabited House
Means any shelter, ship, or vessel constituting the
dwelling of one or more persons, even though the
inhabitants thereof shall temporarily be absent therefrom
when the robbery is committed.
Dependencies of an inhabited house, public building
or building dedicated to religious worship
All interior courts, corrals, warehouses, granaries, barns,
coachhouses, stables, or other departments or enclosed
places
1.
Contiguous to the building or edifice,
2.
Having an interior entrance connected therewith,
and
3.
Which form part of the whole.
Orchards and other lands used for cultivation or
production are not included in the terms of the next
preceding paragraph, even if closed, contiguous to the
building and having direct connection therewith.
Public Building
Includes every building owned by the Government or
belonging to a private person, used or rented by the
Government, although temporarily unoccupied by the
same.
ARTICLE 302
ROBBERY IN AN UNINHABITED PLACE
OR IN A 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:
a.
The entrance was effected 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.
The only difference between Arts. 299 and 302 is that the
99
100
ARTICLE 305
FALSE KEYS
Inclusions:
1. Tools not mentioned in the next preceding article.
2. Genuine keys stolen from the owner.
3. Any keys other than those intended by the owner for
use in the lock forcibly opened by the offender.
A master key is a picklock and its possession is
punishable.
A lost or misplaced key found by another and not returned
to its rightful owner is considered as a genuine key stolen
from the owner.
CHAPTER TWO: BRIGANDAGE
(ARTS. 306-307)
Vessel
Any vessel or watercraft used for transport of passengers
and cargo from one place to another through Philippine
waters and includes all kinds and types of vessels or
boats used in fishing.
Philippine highway
Refer to any road, street, passage, highway and bridges
or other parts thereof, or railway or railroad within the
Philippines used by persons, or vehicles, or locomotives
or trains for the movement or circulation of persons or
transportation of goods, articles, or property or both.
Highway robbery/Brigandage
Seizure of any person for ransom, extortion or other
unlawful purposes, or the taking away of the property of
another by means of violence against or intimidation of
persons or force upon things or other unlawful means,
committed by any person on any Philippine highway.
PD 532
Brigandage
(Art. 306, RPC)
Mere conspiracy to
constitute the offense
of brigandage is not
punishable
(presupposes that acts
defined are actually
committed).
Mere formation of a
band for any purpose
indicated in the law is
punishable.
Offenders must be a
band of robbers.
ARTICLE 306
BRIGANDAGE
Brigandage
A crime committed by more than three armed persons
who form a band of robbers for the purpose of committing
robbery in the highway or kidnapping persons for the
purpose of extortion or to obtain ransom, or for any other
purpose to be attained by means of force and violence.
Elements:
1. There be at least four armed persons;
2. They formed a band of robbers; and
3. The purpose is any of the following:
a.
To commit robbery in a 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.
Presumption of law as to brigandage:
All are presumed to be highway robbers or brigands, if
any of them carries an unlicensed firearm.
Brigandage may be committed without the use of firearms.
The term armed covers arms and weapons in general,
not necessarily firearms.
The only things to prove are:
1. That there is an organization of more than three
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.
The term highway includes streets within, as well as
roads outside the cities.
101
Brigandage
Robbery in Band
Purpose:
commit
robbery in highway; or to
kidnap persons for
ransom; or any other
purpose attained by
force and violence.
Purpose:
commit
robbery, not necessarily
in highways.
Agreement is to commit
several robberies.
Agreement is to commit
a particular robbery.
Mere
formation
punished.
Actual commission of
robbery is necessary.
is
Elements:
1. That there is a band of brigands;
2. That the offender knows the band to be of brigands; and
3. That the offender does any of the following acts:
a. That he aids, abets, or protects such band of
brigands;
b. That he gives them information on the movements of
the police or other peace officers of the government;
or
c. That he acquires or receives property taken by such
brigands.
It shall be presumed that the person performing any of the
acts provided in this article has performed them
knowingly, unless the contrary is proven.
CHAPTER THREE: THEFT
(ARTS. 308-311)
ARTICLE 308
WHO ARE LIABLE FOR THEFT
102
Robbery
There is violence or
intimidation or force
upon things.
ARTICLE 309
PENALTIES
Carnapping
Taking, with intent to gain, of motor vehicle belonging to
another without the latters consent, or by means of
violence against or intimidation of persons, or by using
force upon things.
Motor Vehicle
Any vehicle which is motorized using the streets which are
public, not exclusively for private use, comes within the
concept of motor vehicle. It includes all vehicles propelled
by power, other than muscular power.
ARTICLE 310
QUALIFIED THEFT
There is qualified theft in the following instances:
1. If theft is committed by a domestic servant
2. If committed with grave abuse of confidence
3. If the property stolen is (a) motor vehicle, (b) mail matter
or (c) large cattle
4. If the property stolen consists of coconuts taken from
the premises of plantation.
5. If the property stolen is taken from a fishpond or fishery
6. If property is taken on the occasion of fire, earthquake,
typhoon, volcanic eruption, or any other calamity,
vehicular accident or civil disturbance
Elements:
1. Taking of personal property;
2. That the said property belongs to another;
3. That the said taking be done with intent to gain;
4. That it be done without the owners consent;
5. That it be accomplished without the use of violence or
intimidation against persons, nor of force upon things;
and
6. That it be done with grave abuse of confidence
(People v. Puig, G.R. Nos. 173654-765, August 28,
2008).
Penalty for qualified theft is two degrees higher than that
provided in Art. 309.
Theft by domestic servant is always qualified, and it is not
103
Elements:
1. Crime of robbery or theft has been committed;
2. Accused, who is not a principal or accomplice in the
commission of the crime of robbery or theft, buys,
receives, possesses, keeps, acquires, conceals, sells,
or disposes of, or shall buy and sell, or in any other
manner deal any article, item, object or anything of
value which he knows, or should be known to him, to
have been derived from the proceeds of said crime;
3. Accused knows or should have known that said
article, item, object or anything of value has been
derived from the proceeds of theft or robbery; and
4. Accused has intent to gain for himself or another.
Section 2. Definition of Terms.
Fencing
The act of any person who, with intent to gain for himself
or for another, shall buy, receive, possess, keep, acquire,
conceal, sell, or dispose of, or shall buy and sell, or in any
other manner deal any article, item, object or anything of
value which he knows, or should be known to him, to have
been derived from the proceeds of the crime of robbery or
theft.
Section 5. Presumption of Fencing.
Mere possession of any good, article, item, object, or
anything of value which has been the subject of robbery or
thievery shall be prima facie evidence of fencing.
Section 6. Clearance/Permit to Sell Used/ Second Hand
Articles.
All stores, establishments or entities dealing in the buy
and sell of any good, article, item, object or anything of
value shall, before offering the same for sale to the public,
secure the necessary clearance or permit from the station
commander of the Philippine National Police in the town
or city where such store, establishment or entity is
located.
Any person who fails to secure the required
clearance/permit shall also be punished as a fence.
Fencing is not a continuing offense. The court of the place
where fencing was committed has jurisdiction over the
case. The place where robbery or theft took place is
insignificant.
An accessory to the crime of robbery or theft may also be
held liable for fencing.
PRESIDENTIAL DECREE NO. 401
104
105
ARTICLE 312
OCCUPATION OF REAL PROPERTY OR USURPATION
OF REAL RIGHTS IN PROPERTY
Elements:
1. That the offender takes possession of any real
property or usurps any real rights in property;
2. That the real property or real rights belong to another;
3. That violence against or intimidation of persons is
used by the offender in occupying real property or
usurping real property or usurping real right in
property; and
4. That there is intent to gain.
Acts punished:
1. By taking possession of any real property belonging
to another by means of violence against or intimidation
of persons.
2. By usurping any real rights in property belonging to
another by means of violence against or intimidation of
persons.
There is only civil liability if there is no violence or
intimidation in taking possession.
CHAPTER FIVE:
CULPABLE INSOLVENCY (ART. 314)
ARTICLE 314
FRAUDULENT INSOLVENCY
Elements:
1. That the offender is a debtor, that is, he has obligations
due and demandable;
2. That he absconds with his property; and
3. That there be prejudice to his creditors.
Theft/Robbery
Occupation of Real
Property or
Usurpation of Real
Rights in Property
Personal property is
taken.
ARTICLE 315
SWINDLING/ESTAFA
Elements in general:
1. That the accused defrauded another by abuse of
confidence, or by means of deceit; and
2. That damage or prejudice capable of pecuniary
estimation is caused to the offended party or third
persons.
Damage or prejudice may consist of:
1. Offended party being deprived of his money or
property as a result of the defraudation;
2. Disturbance in property rights;
3. Temporary prejudice.
Note: Profit or gain must be obtained by the accused
personally and mere negligence in allowing another to
benefit from the transaction is not estafa.
ARTICLE 313
ALTERING BOUNDARIES OR LANDMARK
Elements:
1. That there be boundary marks or monuments of
towns, provinces, or estates, or any other marks
intended to designate the boundaries of the same; and
2. That the offender alters said boundary marks.
Altering
Is understood in its general and indefinite meaning. Any
alteration is enough to constitute the material element of
106
107
The contracts of deposit, commodatum, lease, quasicontract of solutio indebiti and trust receipt transactions
are examples of obligations involving the duty to return or
make delivery.
The thing to be delivered or returned by the offender must
be the very object which he received.
The person prejudiced need not necessarily be the owner
of the property.
As for the element of demand, the law does NOT require
demand as a condition precedent to the crime of
embezzlement. The consummation of the crime
of estafa does not depend on the fact that a request for a
Estafa
with abuse of
Malversation
confidence
Considered as continuing offenses.
The funds or property Usually public funds
are private.
or property.
Offender is a private Offender who is
individual or even a usually a public
public officer who is officer
is
not accountable for accountable
for
public
funds
or public funds or
property.
property.
There is no estafa Malversation can be
through negligence.
committed through
abandonment
or
negligence.
Crime is committed by Crime is committed
misappropriating,
by appropriating,
converting or denying taking
or
having
received misappropriating or
money, goods, or consenting,
or
other
personal through
property.
abandonment
or
negligence,
permitting any other
person to take the
public funds or
property.
C. Estafa by taking undue advantage of the
signature in blank (Article 315, No. 1-C)
Elements:
1. That the paper with the signature of the offended
party be in blank;
2. That the offended party should have delivered it to
the offender;
3. That above the signature of the offended party a
document is written by the offender without authority
to do so; and
4.
That the document so written creates a
liability of, or causes damage to the offended party
or any third person.
Estafa
The offender
receives the thing
from the offended
party.
The offender
acquires also the
juridical possession
of the thing and the
offender
misappropriates it.
Estafa
with abuse of
Malversation
confidence
Offenders are entrusted with funds or property.
108
ILLEGAL RECRUITMENT
Under the Migrant Workers Act
(R.A. No. 8042 as amended by R.A. No. 10022)
Illegal Recruitment
Any act of canvassing, enlisting, hiring, or procuring
workers, including referring contract services, promising
or advertising for employment abroad, whether for profit
or not, when undertaken by a non-licensee or nonholder of authority.
Any such non-licensee or non-holder of authority who,
for a fee, offers and promises employment abroad to
two or more persons shall be deemed so engaged in
illegal recruitment.
It shall likewise include the acts enumerated under Sec.
5 of R.A. No. 10022, whether committed by any person,
whether a non-licensee, non-holder, licensee or holder
of authority.
Economic Sabotage:
1.
Illegal recruitment by syndicate committed by a
group of three (3) or more persons conspiring or
confederating with one another.
2.
Large Scale Illegal Recruitment committed
against three (3) or more persons.
Penalty for Illegal Recruitment involving economic
sabotage is punishable by life imprisonment and fine
of P2,000,000 to P5,000,000.
In People v. Calonzo (G.R. Nos. 115150-55, Sept. 27,
1996), The SC reiterated the rule that a person
convicted for illegal recruitment under the Labor
Code, as amended, can be convicted for estafa,
under Art 315 (par. 2), if the elements of the crime are
present.
B.
109
110
BP 22
Endorser is
liable.
Malum prohibitum
Issuance of check
is for value or on
account.
111
not
Estafa (RPC)
Endorser
who
acted with deceit
knowing that the
check
is
worthless will be
criminally liable.
Malum in se
It is the means to
obtain
the
valuable
consideration
from the payee
(debt is not
preexisting).
False pretenses
or deceit and
damage, or at
least intent to
cause damage,
are essential and
the
false
pretenses must
be prior to or
simultaneous
with the damage
caused.
Given 3 days
after
receiving
notice
of
dishonor.
Not necessary
that the drawer
should know at
the time that he
issued the check
that the funds
deposited in the
bank were not
sufficient to cover
the amount of the
check.
Estafa (RPC)
No presumption
of
knowledge
arises.
112
Estafa
113
114
9.
10.
11.
12.
13.
14.
15.
16.
ARTICLE 319
REMOVAL, SALE OR PLEDGE OF MORTGAGED
PROPERTY
Acts punished:
A. By knowingly removing any personal property
mortgaged under the Chattel Mortgage Law to any
province or city other than the one in which it is
located at the time of execution of the mortgage,
without the written consent of the mortgagee or his
executors, administrators or assigns.
115
Estafa
The property involved is
personal property.
Disposing of
Encumbered
Property
The property involved
is real property.
Disposing of
Encumbered
Property
To constitute estafa, it
is sufficient that the
real
property
mortgaged be sold as
free, even though the
vendor may have
obtained the consent
of the mortgagee in
writing.
The purpose is to
protect the purchaser,
whether the first or
the second.
ARTICLE 320-326-B
REPEALED BY PD 1613
PD 1613 AMENDING THE LAW ON ARSON
Kinds of Arson:
1. Arson (Sec. 1, PD No. 1613)
2. Destructive arson (Art. 320, as amended by RA No.
7659)
3. Other cases of arson (Sec. 3, PD No. 1613)
Arson
When any person burns or sets fire to the property of
another, or his own property under circumstances which
expose to danger the life or property of another. (Sec. 1,
PD 1613); It is the malicious destruction of property by
fire.
Destructive Arson (Art. 320, RPC)
Burning of:
1. One (1) or more buildings or edifices, consequent to
one single act of burning, or as a result of simultaneous
burnings, or committed on several or different
occasions;
2. Any building of public or private ownership, devoted
to the public in general or where people usually gather
or congregate for a definite purpose such as, but not
limited to, official governmental function or business,
private transaction, commerce, trade workshop,
meetings and conferences, or merely incidental to a
definite purpose such as but not limited to hotels,
motels, transient dwellings, public conveyances or stops
116
117
Malicious Mischief
Is the willful damaging of anothers property for the sake
of causing damage due to hate, revenge or other evil
motive.
ARTICLE 327
MALICIOUS MISCHIEF
Elements:
1. That the offender deliberately caused damage to the
property of another;
ARTICLE 330
DAMAGE AND OBSTRUCTION TO MEANS OF
COMMUNICATION
Person liable: Any person who shall damage any railway,
telegraph or telephone lines.
Qualifying circumstance: Damage shall result in the
derailment of cars, collision or other accident.
For the purpose of the provisions of Art. 330, the electric
wires, traction cables, signal system, and other things
pertaining to railways, shall be deemed to constitute an
integral part of a railway system. Art. 330 does not apply
when the telegraph or telephone do not pertain to
railways.
ARTICLE 331
DESTROYING OR DAMAGING STATUES, PUBLIC
MONUMENTS OR PAINTINGS
Persons liable:
1. Any person who shall destroy or damage statues or any
other useful or ornamental public monuments.
2. Any person who shall destroy or damage any useful or
ornamental painting of a public nature.
CHAPTER TEN: EXEMPTION FROM
CRIMINAL LIABILITY IN CRIMES
AGAINST PROPERTY
(ART. 332) (ARTS. 327-331)
ARTICLE 332
PERSONS EXEMPT FROM CRIMINAL LIABILITY
Crimes involved in the exemption:
1. Theft
2. Swindling (estafa)
3. Malicious mischief
Persons exempted:
1. Spouses, ascendants and descendants, or relatives
by affinity in the same line.
2. The widowed spouse with respect to the property
which belonged to the deceased spouse before the
same shall have passed to the possession of another.
3. Brothers and sisters and brothers in law and sisters in
law, if living together.
4. Stepfather, adopted father, natural children,
concubine, paramour included as ascendants by affinity.
Also applies to common-law spouses.
118
ARTICLE 333
ADULTERY
Who are liable?
1. The married woman who engages in sexual
intercourse with a man not her husband.
2. The man who, knowing of the marriage of the woman,
has sexual intercourse with her.
Elements:
1. That the woman is married;
2. That she has sexual intercourse with a man not her
husband; and
3. That as regards the man with whom she has sexual
intercourse, he must know her to be married.
Adultery is committed even if the marriage is
subsequently declared void.
119
120
ARTICLE 336
ACTS OF LASCIVIOUSNESS
Elements:
1. That the offender commits any act of lasciviousness
or lewdness;
2. That the act of lasciviousness is committed against a
person of either sex;
3. That it is done under any of the following
circumstances:
a. By using force or intimidation; or
b. When the offended party is deprived of reason or
otherwise unconscious; or
c. By means of fraudulent machination or grave abuse
of authority; or
Acts of
Lasciviousness
ARTICLE 337
QUALIFIED SEDUCTION
Seduction
Means enticing a woman to unlawful sexual intercourse by
promise of marriage or other means of persuasion without
use of force.
Two classes:
1.
Seduction of a virgin over 12 years and under 18
years of age by persons who abuse their authority or
the confidence reposed in them.
2.
Seduction of a sister by her brother or
Acts of
Lasciviousness
Complaints on cases of
unlawful acts committed
against the children as
121
Elements:
1. That the offended party is over 12 and under 18 years
of age;
2. That she must be of good reputation, single or widow;
3. That the offender has sexual intercourse with her; and
4. That it is committed by means of deceit.
Deceit generally takes the form of unfulfilled promise of
marriage.
It is not required in simple seduction that the victim be a
virgin.
ARTICLE 339
ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF
THE OFFENDED PARTY
Elements:
1. That the offender commits acts of lasciviousness or
lewdness;
2. That the acts are committed upon a woman who is a
virgin or single or a widow of good reputation, under 18
years of age but over 12 years, or a sister or
descendant regardless of her reputation or age; and
3. That the offender accomplishes the acts by abuse of
authority, confidence, relationship or deceit.
Acts of
Lasciviousness
Acts of
Lasciviousness with
Consent of the
Offended Party
The
acts
of
lasciviousness
are
committed under the
circumstances which,
had there been carnal
knowledge,
would
amount to either
qualified seduction or
simple seduction.
ARTICLE 338
SIMPLE SEDUCTION
122
123
a.
b.
Limited
females.
Committed by a single
act.
Generally committed
habitually.
only
to
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 intent to marry or corrupt her.
Two Kinds of Abduction:
1. Forcible abduction (Art. 342)
2. Consented abduction (Art. 343)
Elements:
1. That the person abducted is a woman; regardless of her
age, civil status, or reputation;
2. That the abduction is against her will; and
3. That the abduction is with lewd design.
Grave Coercion/
Kidnapping
No lewd design
There is no deprivation
of liberty.
There is deprivation of
liberty.
ARTICLE 344
PROSECUTION OF THE CRIMES OF ADULTERY,
CONCUBINAGE, SEDUCTION, ABDUCTION, RAPE
AND ACTS OF LASCIVIOUSNESS
ARTICLE 342
FORCIBLE ABDUCTION
Forcible Abduction
Elements:
1. That the offended party must be a virgin;
2. That she must be over 12 and under 18 years if age;
3. That the taking away of the offended party must be with
her consent, after solicitation or cajolery from the
offender; and
4. That the taking away of the offended party must be with
lewd designs.
124
125
ARTICLE 347
SIMULATION OF BIRTHS, SUBSTITUTION OF ONE
CHILD FOR ANOTHER, AND CONCEALMENT OR
ABANDONMENT OF A LEGITIMATE CHILD
126
ARTICLE 349
BIGAMY
Elements:
1. That the offender is legally married;
2. That the marriage has not been dissolved or, in case
the spouse is absent the absent spouse could not yet
be presumed dead according to the Civil Code;
3. That he contracts a second or subsequent marriage;
and
4. That the second or subsequent marriage has all the
essential requisites for validity.
ARTICLE 351
PREMATURE MARRIAGES
Persons liable:
1. A widow who married within 301 days from the date
of the death of her husband, or before having delivered
if she is pregnant at the time of his death.
2. A woman whose marriage having been annulled or
dissolved, married before delivery or before expiration
of the period of 301 days after the date of legal
separation.
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Publication
Is the communication of the defamatory matter to some
third person or persons. Thus, sending a letter containing
defamatory words against another to a third person is
sufficient publication.
2 types of malice:
1. Malice in fact shown by proof of ill-will, hatred, or
purpose to injure; also known as EXPRESS MALICE.
2. Malice in law presumed to be malicious from the
defamatory imputation even if it is true; proof is not
required because it is presumed to exist from the
defamatory imputation.
Contempt
Means state of being despised.
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exposure.
It is essential that the threat to publish, or to offer to
prevent the publication of libel must be for a
compensation or money consideration, in order it may be
penalized under this article.
Blackmail is possible in the following crimes:
a.
Light threats (Art 283)
b.
Threatening to publish, or offering to prevent the
publication of, a libel for compensation (Art 356)
ARTICLE 357
PROHIBITED PUBLICATION OF ACTS REFERRED TO
IN THE COURSE
OF OFFICIAL PROCEEDINGS
Elements:
1. That the offender is a reporter, editor or manager of a
newspaper, daily or magazine;
2. He publishes facts connected with the private life of
another; and
3. Such facts are offensive to the honor, virtue and
reputation of said person.
This article is referred to as the Gag Law because while a
report of an official proceeding is allowed, it gags those
who would publish therein facts which this article prohibits,
and punishes any violation thereof.
The Gag Law prohibits the publication of cases relating to
adultery, divorce, legitimacy of children, etc.
Under Republic Act No. 1477:
A newspaper reporter cannot be compelled to reveal the
source of the news report he made, unless the court or a
House or committee of Congress finds that such
revelation is demanded by the security of the state.
ARTICLE 358
SLANDER (Oral Defamation)
Acts punished:
1. Threatening another to publish a libel concerning him,
or his parents, spouse, child or other members of the
family.
2. Offering to prevent the publication of such libel for
compensation or money consideration.
This is also known as blackmail. Art. 283 regarding light
threats is another form of blackmail.
Blackmail
Any lawful extortion of money by threats of accusation or
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Kinds:
1. Simple slander; and
2. Grave slander, when it is of a serious and insulting
nature.
Factors that determine the gravity of the oral
defamation:
1. Expressions used;
2. Personal relations of the accused and the offended
party;
3. Circumstances surrounding the case;
4. Social standing and position of the offended party.
Incriminating
Innocent
Persons
Defamation
Imputation is public
and
malicious
calculated to cause
dishonor, discredit, or
contempt upon the
offended party.
ARTICLE 362
LIBELOUS REMARKS
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ARTICLE 363
INCRIMINATING INNOCENT PERSONS
Elements:
1. That the offender performs an act;
2. That by such act he directly incriminates or imputes to
an innocent person the commission of a crime; and
3. That such act does not constitute perjury.
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Incriminating
Innocent
Persons
Perjury by Making
False Accusation
Giving
of
false
statement under oath
or making a false
affidavit, imputing to
the
person
the
commission of a
crime.
It is committed by
performing an act by
which the offender
directly incriminates or
imputes to an innocent
person the commission
of a crime.
It is committed when
the imputation was
falsely made before
an officer.
ARTICLE 364
INTRIGUING AGAINST HONOR
Committed by any person who shall make any intrigue
which has for its principal purpose to blemish the honor or
reputation of another.
This refers to such intrigues against a persons honor or
reputation which are not otherwise punished under other
articles of the RPC. It differs from defamation in that it
consists of tricky or secret plots and may be committed
without using written or spoken words which are
defamatory.
Intriguing Against
Honor
Defamation
Source of derogatory
statements cannot be
determined.
Source is known.
Committed in a public
and
malicious
manner.
Passes
such
utterances
without
subscribing to the truth
of the remarks.
ARTICLE 365
IMPRUDENCE AND NEGLIGENCE
Four ways of committing quasi-offenses under Art
365:
1. By committing through reckless imprudence any act
which, had it been intentional, would constitute a grave
or less grave felony or light felony;
2. By committing through simple imprudence or
negligence an act which would otherwise constitute a
grave or less serious felony;
3. By causing damage to the property of another
through reckless imprudence or simple imprudence or
negligence;
4. By causing through simple imprudence or negligence
some wrong which, if done maliciously, would have
constituted a light felony.
Imprudence
Deficiency
perception.
Failure in precaution.
Failure in advertence.
Elements:
1. That there is lack of precaution on the part of the
offender; and
2. That the damage impending to be caused is not
immediate nor the danger clearly manifest.
0
1
Negligence
Deficiency of action.
Simple Imprudence
Consists in the lack of precaution displayed in those cases
in which the damage impending to be caused is not
immediate nor the danger clearly manifest.
of
2
3
Reckless Imprudence
Consists in voluntarily but without malice, 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 or failing to perform such act, taking
into consideration his employment or occupation, degree
of intelligence, physical condition and other circumstances
regarding persons, time and place.
Elements:
1. That the offender does or fails to do an act;
2. That the doing of or the failure to do that act is
voluntary;
3. That it be without malice;
4. That material damage results; and
5. That there is inexcusable lack of precaution on the part
of the person performing or failing to perform such act
taking into consideration
a. Employment or occupation.
b. Degree of intelligence, physical condition. and
c. Other circumstances regarding persons, time and
place.
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