Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
o RPC, SPL, municipal ordinances. What about administrative regulations? May the
se partake of nature of criminal law? o YES. o Requisites:
1) Violation of admin
regulation must be made a crime by the delegating statute 2) Penalty for violat
ion must be provided by the statute itself. Are judicial decisions by the SC pen
al laws? o No. o Article 8 of NCC: judicial decisions interpreting the Constitut
ion form part of the legal system of the Philippines. But decisions of the SC in
terpreting criminal statutes are not penal laws per se they are merely interpret
ative. What are examples of laws in Philippine criminal law that follow the posi
tivist theory? o 1. ISL
The ISL was approved to uplift and improve human life. N
ot focused on the person as a criminal, but the law takes into account economic
usefulness of offender and excessiveness of deprivation of liberty. o 2. Habitua
l delinquency law o The State is concerned not just with protective social order
against criminal acts, but also
redeeming the individual for social ends. Not just retribution, but reformation.
What is the principle of generality? o Art 14 of the NCC: Penal laws apply to a
ll those who live or sojourn in the Philippines, subject to international law or
treaty stipulations. o How does international law become domestic law, under th
e 1987 Constitution?
Transformation requires that the I-law be transformed into
domestic law; ex. local legislation
Incorporation international law is part of t
he law of the land. Immunities from criminal prosecution by certain individuals:
o 1. Covered by the VCDR or exempted by treaties/laws or preferential applicati
on Principle is par in parem non habet imperium suing them is tantamount to suin
g the State they represent
Who are the diplomats covered? Classified into four:
A) ambassadors, ambassadors extraordinary B) ministers and papal internuncios
C)
ministers-residents D) charges-de-affaires
2
This principle is inviolable; they are not subject to local penal laws. They are
immune from arrest and prosecution for violation for local laws. But one may be
temporarily restrained if he commits acts that threaten public order. The State
may simply request for recall of the diplomat he will still not be prosecuted l
ocally. X is a citizen of Iran, but is also an honorary consul. He was caught in
possession of drugs. Is he exempt from prosecution?
No. A consul is not exempt
from criminal prosecution for violation of the penal laws of a country where he
is assigned to. He is not entitled to any immunity or diplomatic privileges unde
r the VCDR. The nature of the job of consuls, vice-consuls, or consulsgeneral is
commercial in nature. Exception: when there is an agreement between the Philipp
ines and the sending country. But the exemption is not based on the nature of hi
s position.
Except: immunity does not cover suits in personal and private capacity as an ord
inary citizen
Liang: The RP and ADB entered into an agreement under which office
rs and staff members enjoy immunity from legal processes and prosecution, with r
espect to acts performed in their official capacity, except when the bank waives
the immunity. In this case, the ADB officer committed grave oral defamation, wh
ich is ultra vires. He is not immune. This is not covered by immunity because he
was not performing his duty. o 2. RA 7055 Members of the AFP and officers charg
ed with service-connected offenses Who are officers and members of the AFP?
Arti
cle 1: members of AFP, those subject to military law, members of the Citizens Ar
med Forces Geographical Units (CAFGU) What is the general rule?
Civilian courts
have jurisdiction over crimes committed by members of the AFP.
3
immunity, even if he took part in such crime. Sec 261 of OEC. P.D. 749 immunity
granted to those furnishing information re: violation of bribery, indirect bribe
ry, corruption of public officers
Art. 2: territoriality principle
What is covered by the territory of the Philipp
ines? o Phil. archipelago, atmosphere, interior waters, maritime zone UNCLOS o T
erritorial sea is up until 12 nautical miles o Contiguous zone: up until 24 naut
ical miles States may exercise control even within this area to prevent and puni
sh infringement of customs, immigration, fiscal, sanitary laws within territory
or territorial seas What are the exceptions to the territoriality rule of crimin
al law? o 1. Commission of an offense in a Philippine ship or airship
But techni
cally this is not an exception, because Philippine ships or airships are part of
Philippine territory Nationality of the ship depends on its registration
There was an English vessel in Phil. territory, not in transit. Accused was smok
ing opium on the ship. o HELD: Convicted. The SC followed the English rule, beca
use he was smoking within Phil. territory. This had pernicious effect on Phil. t
erritory (disturbs the peace) so it was not a matter of mere internal management o
f the vessel. A person in a Philippine ship in Vietnamese waters got drunk and s
hot three people. He was not prosecuted in Vietnam. Can the Philippines prosecut
e him? o Yes, the Philippines may exercise jurisdiction. Although following the
English rule, which we adhere to, it must be Vietnam that exercises jurisdiction
, since Vietnam did not exercise jurisdiction, there is nothing preventing the P
hilippines from deviating from English rule. o Rule: the territorial State has p
riority. If it fails to do so, the Philippines may act under Art. 2. In the D.D.
A., mere attempt to transport marijuana is a crime. Can Philippine officials boa
rd the vessel to prosecute those on board? o General rule: the ship cannot be bo
arded. But the UNCLOS said that the criminal law of a State may not be enforced
on board the vessel to prosecute individuals, except if measures are necessary t
o suppress illegal traffic of
narcotic drugs in a commercial vessel that passes by the territorial sea. What i
s the nature of the high seas? o Free for all. o Is it possible that a crime was
committed beyond the territorial sea, but yet, when the vessel enters Phil. ter
ritorial sea, can it be prosecuted?
Yes, if it is a continuing crime. o Can Phil
ippines legislate on crimes applying to the high seas? Yes, for instance, P.D. 5
32 Piracy. o Pirates wanted to unload the oil from a vessel. They boarded the sh
ip within Phil. Waters, which went to Singapore, and unloaded the oil to another
vessel in the high seas. Can they be prosecuted here? Yes, they can be prosecut
ed for piracy even if the crime was committed in Singapore, because the crime be
gan in the Philippines. It continued to Singapore. What are the two components o
f felonies by dolo? o 1. Act and omission punishable by law (physical act) o 2.
Mens rea (intent)
Art. 3: felonies
For felonies by dolo, one is not criminally liable if there is no criminal inten
t. What about culpa? o Not intent, but negligence, imprudence, lack of foresight
, or lack of skill May someone be held criminally liable for crimes of omission?
o YES. The following must concur:
1. There is a positive duty provided by law
2
. Accused acted voluntarily to not do a positive duty
3. Criminal intent in refu
sing to do it o Examples: misprision of treason, prevaricacion (Art. 208 of RPC)
, fraud on treasury What is mistake of fact and its implications? o Recall: Peop
le v. Achong. o If there is mistake of fact, then there is no criminal intent. O
ne is not culpable for dolo. o The one invoking it must act with good faith. o I
f he acts with negligence, such as when he is negligent in ascertaining the true
state of facts, he may be liable for felony by culpa. o Not a valid defense for
felony by culpa or by SPL. What is abberatio ictus and what are its implication
s?
o This is mistake in the victim of the blow. There is still criminal liability,
which is generally increased (because it either becomes a complex crime or two s
eparate crimes against the intended and the real victim). o Can treachery apply
to abberatio ictus?
Yes, because if the accused fired at his intended target but
missed, the victims are helpless to defend themselves. What is error in persona
e and its implications? o This is mistake in the identity. It may or may not low
er criminal liability depending on the crime committed and if the intended crime
is of equal or different gravity. o Ex. X intended to kill Y, but instead kille
d his father, Z by mistake. Instead of homicide, it became parricide. In this ca
se, Art. 49 will govern: error in personae becomes mitigating (apply maximum per
iod of homicide as penalty). What is praeter intentionem and its implications? o
The accused did not intend to commit so grave a wrong as that committed. This i
s a mitigating circumstance under Art. 13. o But if the means used to commit the
desired crime would also logically and naturally bring about the actual felony,
praeter intentionem does not apply.
Circumstance Mistake of fact Abberatio ictus Error in personae Praeter intention
em
Common implication Not culpable
or
usual
Complex crime No change; or maximum period of the lesser offense Mitigating
What is the rule on specific intent felonies? o In specific intent felonies, the
prosecution must prove beyond reasonable doubt the specific intent. But sometim
es, specific intent may be presumed.
Ex. intent to kill must be proved. One can
presume this, for instance, from the mere fact that the victim died from a delib
erate act. But for attempted or frustrated homicide, intent to kill is not presu
med and must be proved.
Ex. intent to gain in theft. One is found in possession
of recently stolen property there is a presumption. o Criminal intent can be pre
sumed from the commission of a delictual act. Must motive be proved for dolo? o
Not in general. Motive is not an essential element of crime. But there are insta
nces
7
immoral and wrong to tamper with election results. Give examples of SPLs that ar
e malum prohibitum: o A. Possession of unlicensed firearm.
But mere transient po
ssession in RA 8294 is not a crime: there must be intent to possess, not mere po
ssession.
Can the use of unlicensed firearm be an aggravating circumstance?
Yes.
RA 8294 provides that it is an aggravating circumstance. o B. Violation of Trus
t Receipts law o C. Anti-fencing Law No need to prove intent to gain Can one be
liable for both a felony and a SPL for one delict? o Yes. o Ex. One issued a che
ck for a transaction which bounced. Liable for BP 22 AND liable for estafa. o Ex
. One pretended to be a licensed recruiter. Liable for both illegal recruitment
and estafa. Can one be liable for crime defined by SPL, commit another felony an
d then become liable for a special complex crime? o Yes. The anti-carnapping law
(RA 6539). If the offender kills the driver or occupant to take
9
the car, he is guilty of special complex crime of carnapping with murder. May a
felony by dolo or culpa absorb a crime which is malum prohibitum? o No, a felony
by dolo or culpa cannot absorb a malum prohibitum crime. Two persons went to th
e public forest and cut timber, which is a violation of the Forestry Code. They
were convicted, on basis of conspiracy. The court ruled that they were guilty to
conspire to violate the Forestry Code. Is the SC decision correct? Can there be
conspiracy to commit malum prohibitum? o No. The SC is wrong. Under Art. 8, the
y must agree to commit a crime (felony). Thus, this does not apply to malum proh
ibitum. (Tigoy v. P)
Art. 4: felonies and impossible crimes Par.1 natural and logical consequence of
felonies
What is the rule on liability for those who have committed a felony? o
That person is liable for natural (ordinary course of things) and logical (reaso
nable connection) consequences of his criminal act o The act must be the proxima
te cause of the effect. o What is proximate cause?
The cause, which in its natural and continuous sequence, unbroken by any efficien
t intervening cause, produces the injury and without which the result would not
occurred
And that cause may cause another thing to occur, which produces the inju
ry o Which circumstances do not affect the existence of proximate cause? 1. Preexisting condition of the victim (pathological)
2. Negligence of doctor
3. Refus
al to get medical help or delay in getting it o When is something not the proxim
ate cause of the effect? 1. There is an active force that intervened between the
felony committed and the death of the victim,
2. The resulting injury or damage
is the intentional act of the victim. Examples where even if the resulting wron
gful act was different from the offenders intention, he is liable for that result
ing act o Inserted vibrator in anal orifice of victim. It was rusty so the victi
m died (Complex crime of sexual assault with homicide under RA 8353) o Accused r
obbed a store and to shut up the woman inside, he jammed a pan de sal in her
10
mouth. She died by asphyxiation. Convicted of robbery with homicide. o The kidna
p victim died from a heart attack due to fear. The accused is liable for kidnapp
ing with homicide. o Accused robbed victim of belongings, the victim ran away an
d jumped in the river. She drowned. Accused is liable since he created a sense o
f fear in the mind of the victim. o Even if the doctor is negligent, but the acc
used inflicted mortal wounds on the victim, the negligence of the doctor is NOT
an active intervening force that exculpates the accused.
But there are times the
doctors acts are exculpatory.
Ex. Victim was brought to the hospital, but the do
ctor was so intoxicated, he gave the victim poison instead of medicine. The doct
or was liable. Is it possible that two persons are liable for the death of the s
ame person even if there is no conspiracy? o Yes. Two persons went to a bar, did
not know each other, and sat on different tables. They saw an annoying person.
One person stabbed him. The other, not knowing that the first one stabbed him to
o, stabbed him again. Both wounds were mortal. o Both are liable for homicide.
11
An accused committed reckless imprudence, and due to this, two people died. Can
he be prosecuted for reckless imprudence resulting to double homicide? May reckl
ess imprudence result into a complex crime? o YES, because reckless imprudence i
s a felony under Art. 3 and Art. 48 talks about felonies as component crimes. Wh
at is the relevant presumption under Rule 131, Sec 5(c) of the Rules of Evidence
? o A person is presumed to contemplate the ordinary consequences of his acts, a
nd expect those. But intent is an internal act. How do you determine this? o Thr
ough circumstances of the case. Does Art. 4, par. 1 regarding liability for natu
ral and logical consequences apply to culpable felonies? o No. o Par. (1) is spe
cific: it refers only to delitos. o NOTE: Boado has a different opinion, noting
that delitos means felony in general, which can include culpable felonies. The cla
ssic example she gives is person X jumping off a building to commit suicide, but
does not die because he lands on Y, who dies. X is liable for the death of Y ev
en if committing suicide is not a crime per se.
What will apply to culpable felonies? o Article 365 of the RPC applies. o The of
fender is liable for whatever damage or injury caused by him. What are the eleme
nts of an impossible crime? o 1. The offender performed an act which would be an
offense against persons or property o 2. He performed the act with criminal int
ent o 3. Accomplishment of the act is inherently impossible or the means employe
d were inadequate or ineffectual Differentiate factual or physical impossibility f
rom legal impossibility: o Factual or physical impossibility
There is intent and p
erformance but no accomplishment due to extraneous circumstances that makes acco
mplishment impossible. The factual condition must be unknown to the offender.
Wh
at if the person knew the factual condition? There is no crime and there is no i
mpossible crime. Examples:
Par. 2 impossible crimes
Offender accepted goods which he believed to have been stolen, but which were no
t, in fact stolen
Offender offers a bribe to someone he believes is a public off
icer, but is in fact not Offender believed his gun was loaded, pointed it as his
wife, and pulled the trigger. But it was empty.
Intod v. CA fired guns into emp
ty bedroom, because the intended victim was out of town
Jacinto v. P Sales agent
, instead of turning over the check to employer, gave it to a relative. The chec
k bounced. HELD: impossible crime, because at the time the petitioner stole the
check, there were no funds in the bank. (Problem with this case: What about post
dated checks? Does not the check (paper) itself have some value?) o Legal imposs
ibility There is intent and performance of a crime, but the consequence could no
t result into a crime.
12
15
Is there attempted or frustrated culpa? o No. What if what was charged was the f
rustrated stage and only the attempted crime was proved. Can an accused be convi
cted? o Yes, the frustrated stage necessarily includes the attempted stage. Same
with consummated crimes and attempted/frustrated stages. What are light felonie
s? o Those infractions of law where the penalty is arresto menor or fine not exc
eeding 200 pesos When are light felonies punishable? o Only when they have been
consummated o Except those against persons or property Who are punishable for li
ght felonies? o Only principals and accomplices. o Accessories are not liable be
cause light felonies are punishable with arresto menor and accessories are penal
ized two degrees lower than the principal, which is non-existent in this case. H
ow do you categorize reckless imprudence resulting into slight PI? o The crime o
f reckless imprudence is a light felony, under the last paragraph of Art. 9 of t
he RPC. Punishable only by public censure.
Art. 7: light felonies
o But it can be proved by indirect proof, such as inferences from acts of the ac
cused before, during, and after the commission of the crime. o These acts must i
ndubitably point to or indicate a joint purpose, concerted action, and singular
interest. What is required to be done in order to become a co-conspirator? o Int
entional participation in the transaction with a view to furthering the common d
esign. o Except when one is a mastermind, he must perform some overt art as a di
rect/indirect contribution to the crimes execution. The overt act can be active p
articipation, moral assistance by being present at the scene of the crime, or ex
erting moral ascendancy. o But merely being present is not sufficient to prove c
onspiracy; it must be shown that there is intent to provide moral support, etc.
What are the two types of conspiracy? o 1. Express conspiracy
There is prior agr
eement A conspirator is liable as long as he appeared in the scene of the crime.
Except when he is the mastermind, where it doesnt matter whether he appears or n
ot, since he is a principal by inducement
17
o What if one of the co-conspirators (ex. robbers) prevented the others from com
mitting the extra act of homicide or rape?
HELD: He is only liable for robbery o
nly, and not homicide and rape. It does not matter if he succeeds in preventing
them of not. o X, Y, and Z committed robbery. After they all escaped, X a car an
d carnapped it after.
HELD: Only he was liable for carnapping because its not int
ended as part of the plan and is not incidental to the common design.
Conspirato
rs are necessarily liable for the acts of another conspirator unless such act di
ffers radically and substantively from that which they intended to commit. Until
when does conspiracy last? o Conspiracy continues until the object is attained.
Conspiracy is a continuing event, unless in the meantime, they abandon the cons
piracy or the conspirators are arrested. X and Y agreed to commit robbery and de
cided to commit it. X stabbed the victim and ran. Y did not run and he was caugh
t. Defense: he was not guilty of the crime, because he desisted when he did not
run. Is the defense tenable?
19
o HELD: The mere failure or refusal to flee after the commission of the crime do
es not amount to a disavowal of the conspiracy. There must be an overt act to di
sassociate oneself from the conspiracy. Relate conspiracy with aggravating circu
mstances of evident premeditation and price: o Evident premeditation only applie
s for express conspiracies. It does not apply to implied conspiracies, because t
hese are spontaneous. o Price applies to the co-conspirators acting as offeror a
nd acceptor. Does the laxity of a public officer in investigating or prosecuting
indicate that he is a coconspirator? o Not per se. It must be shown that he had
foreknowledge and participation in the plan in the first place. What are the po
ssible liabilities of a head of office when his subordinates are able to conspir
e to commit a crime? o 1. Conspiracy (if he is aware of the design and agreed to
it) o 2. Culpa in this case, he is not part of the conspiracy because there can
be no conspiracy by culpa o What is the Arias doctrine?
The head of office can
rely to a reasonable extent on his subordinates
20
and their good faith. There has to be a special reason why he should examine act
s or papers in detail. There is no negligence/culpa if he fails to examine an er
ror because of the sheer amount of paperwork that passes through his hands. Art.
9: severity of felonies Classify felonies as to severity: o 1. Grave felonies
C
apital punishment
Afflictive penalties in any of its periods (prision mayor to r
eclusion perpetua) o 2. Less grave felonies
Correctional penalties in their maxi
mum period (destierro, suspension, arresto mayor, prision correccional) o 3. Lig
ht felonies Arresto menor
Fine not exceeding P200
N.B. but in Article 26, a fine
of P200 is already a correctional penalty What is the relevance of knowing this
classification? o 1. Complex crimes require grave or less grave felonies o 2. T
o determine the duration of the subsidiary penalty
o Sec. 4 provides that praeter intentionem does not apply as a mitigating circum
stance for violation of Anti-Hazing law o The law also enumerates who will be de
emed principals, etc. What does the anti-terrorism law provide as re: the relati
onship of its penal provisions and RPC provisions? o Conviction of a person unde
r said law constitutes a bar to the prosecution of that person under the RPC or
another SPL for the predicate crime What does R.A. 7610 Child abuse law, Sec. 10
provide? o Where the victim of murder, homicide, intentional mutiliation, or SP
I is under 12 years old, the penalty shall be reclusion perpetua VAWC: If the of
fender commits act of physical violence and there is intent to kill, what is the
punishment? o Crime is NOT violation of physical violence provision under VAWC
but attempted, frustrated, or consummated parricide, homicide, or intentional mu
tilation
CIRCUMSTANCES AFFECTING LIABILITY Art. 11: justifying circumstances
Are complete self-defense and other provisions under Art. 11 (justifying circums
tances) absolutory causes? o Yes, because the accused is not deemed to have comm
itted a crime. An absolutory cause means that the accused does not incur crimina
l liability. Is Article 12 an absolutory cause as well? o No. There is technical
ly a crime, although the person is exempt from liability. The basis here is that
the person is not acting with complete intelligence. There is no mens rea. What
are other absolutory causes? o 1. The offender was instigated
Differentiate ins
tigation from entrapment:
In entrapment, the idea of the crime comes from the la
wbreaker. Thus, this is not absolutory. The peace officer is without criminal li
ability. o Ex. buy-bust operations In instigation, the idea of the crime is indu
ced in the mind of the lawbreaker. It is absolutory due to public policy. The pe
ace officer is a principal by inducement.
22
liability. He is merely admitted that he killed the victim. If the accused admit
ted killing the victim and pleads self-defense, is the burden of proof shifted t
o accused? o No. The burden of proof never shifts; only the burden of evidence s
hifts. (Although Boado seems to have mixed up these terms because she says that
the burden of proof shifts.) What are the requisites of self-defense? o 1. Unlaw
ful aggression o 2. Reasonable means necessary to repel it o 3. Lack of sufficie
nt provocation by the defender What is ABSOLUTELY necessary out of these? o Unla
wful aggression. Without it, even if the two others are present, there can be no
complete or incomplete self-defense.
If it is unlawful aggression alone, then i
t is an ordinary mitigating circumstance.
If it is unlawful aggression plus one
other, then it is a privileged mitigating circumstance. o What is the nature of
needed unlawful aggression? It must continue up until the act of selfdefense, be
cause once it ceases, the offender can no longer invoke selfdefense.
23
o HELD: You cannot invoke 247 because at that time, she was already putting on h
er panties, not in actual sexual intercourse. (P v. Gonzales) o DISSENT: follow
this You are unfairly punishing him if we strictly apply the law. But what can y
ou deduce from the fact that she was wearing her panties from a naked state. It
is asking too much to actually catch them in the act of actual sexual congress.
Can one invoke Article 11 in Article 247 cases? o Suggestion: Husband also has r
ight to invoke his honor and defend it, so Art. 11 can be invoked by the one dis
covering the sexual congress. He can also invoke 247, obviously. o Prefer 11 ove
r 247, because the latter results in destierro. It is not a penalty, but a limit
ation of his liberty. Can you invoke Art. 247 if there is mistake of fact? o Yes
. Apply the Achong doctrine by analogy. o Example: The husband saw movement of b
uttocks, but the paramours penis hasnt entered his spouses vagina yet. Are the RPC
provisions applicable to VAWC? o Yes. Recall Art. 10: how RPC provisions apply s
uppletorily, unless provided otherwise. o Under RA 9262 (VAWC), Art 47: RPC provi
sions supplement the VAWC law.
o His mental condition after doing the act is inconsequential. o Note that there
is a presumption of sanity and it must be disproved beyond reasonable doubt. Wh
at does it indicate when the actor surrendered to the police after committing th
e crime? o There is discernment because remorse is inconsistent with insanity Wh
at if the insanity occurs after the commission of the crime? o Refer to Art. 79,
which provides that one who becomes insane or imbecile after final sentence wil
l have the sentence suspended as to the personal penalty. He will only be senten
ced when reason is regained. What if there is no complete impairment or loss of
intelligence, and just a partial one? o It is just a mitigating circumstance: il
lness that would diminish exercise of will-power without depriving consciousness
of his acts o A common example is schizophrenia: there is no complete deprivati
on of intelligence, but there is difficulty distinguishing fantasy from reality
How is mental condition of an accused determined in trial? o The judge must orde
r the examination of the accused by a medical expert. The judge
o Note: these are without going through court proceedings o 1. When the penalty
of the crime is not over 6 years:
Crimes with victims: Diversion program before
law enforcement officer or punong barangay Involves mediation, family conferenci
ng, conciliation with child and parents/guardians
Crimes without victims:
Divers
ion program before the local DSWD officer, with child and parents/guardians o 2.
When the penalty of the crime exceeds 6 years: Diversion is before courts In ca
se the penalty is not more than 12 years or just a fine, the court can determine
whether diversion is appropriate or not o 3. If the offense does not fall under
any of the above or the child or parents/guardian does not consent to diversion
, the one handling the case forwards the records to the prosecutor or court with
in 3 days and then the case is filed according to regular process Can a child be
detained pending trial?
29
o Yes, but only as a last resort and only for the shortest possible period of ti
me. The authorities can resort to alternative measures such as close supervision
, intensive care, or placement with a family/educational setting. What is the ru
le on automatic suspension of sentence? o Children below 18 at the time of commi
ssion of the crime found guilty of the offense are placed under suspended senten
ce without need of application. The court then determines and imposes the approp
riate disposition measures afterwards. o What if the then-child is over 18 years
old upon the pronouncement of guilt?
It doesnt matter; there is still suspended
sentence. o What if the child reaches 18 while under suspended sentence? The cou
rt determines whether to:
1. Discharge the child 2. Order execution of sentence
3. Extend suspended sentence for a certain period, or until he reaches the maxim
um age of 21 o What if the child undergoes period of actual detention or commitm
ent? It will be credited in full. What is the provision on probation?
o Upon application at any time, the court can place the child on probation in li
eu of service of sentence. (This amended the Probation Law) What is a status off
ense and how is it treated under the law? o Any conduct which is not an offense
when committed by an adult will not be considered an offense and is thus not pun
ished if committed by a child. o Ex. curfew laws Did Ra 9344 retroact? o Yes, it
retroacted to pending cases and those minors already convicted. Under 9344, the
minor is still exempt from specific offenses even if he or she acted with disce
rnment. What are these? o 1. Vagrancy o 2. Prostitution o 3. Mendicancy o 4. Sni
ffing rugby o What happens?
These persons would undergo appropriate counseling a
nd treatment program. When is a child in conflict with the law subject to prelim
inary investigation and filing of information? o 1. Child does not qualify for d
iversion
o The utterances of a minor and overt acts preceding crime, and nature of weapon
is evidence of discernment. S.C. AM 02-1-18: o If the minor committed a crime a
nd the time the law took effect, he was already 21, can he enjoy the benefit of
suspension of sentence If a minor is charged with a heinous crime punishable by
death or RP-death, is he entitled to suspension of conviction? o Yes. Ubi lex no
n distinguit, nec non distinguire debemos. What are the requisites of accident?
o 1. performing lawful act with due care o 2. causes injury to another o 3. with
out intent or negligence What if there is negligence? o Article 365 applies: qua
si-crime of reckless imprudence o Accident and negligence are mutually exclusive
. o What is the difference between accident and negligence?
Accident without fau
lt of the human being. Cannot be anticipated. Negligence when there is some degr
ee of fault in the person
31
o NOTE: Under Art. 365, the court will not consider Art. 13 and 14 in imposing t
he penalty because this crime is NOT intentional. What are the elements of irres
istible force? o 1. Force is physical and must come from an outside source o 2.
The accused acts not only without a will but even against his will, reduced to a
mere instrument o 3. The duress, force, fear, or intimidation present is immine
nt and impending, as to induce well-grounded fear of death or serious bodily inj
ury
Thus, the fear must not be speculative, fanciful, or imagined What are the e
lements of uncontrollable fear? o 1. Threat which caused the fear of an evil gre
ater than or equal to the act accused was required to commit o 2. The evil promi
sed was of such gravity and imminence that an ordinary man would succumb to it o
Ex. X is a hostage who decapitated his fellow hostage Y because their captors t
hreatened to kill X. What is an insuperable cause? o It applies to felonies by o
mission where the failure to do so is due to a lawful or insuperable cause.
32
o A common example is failure to comply with art. 125 of the number of hours whe
n a person arrested must be delivered to judicial authorities, when there is a l
ong holiday or the judicial offices are not open, or there is a calamity/acciden
t that met them. Art. 13: mitigating circumstances
What are the mitigating circu
mstances? o 1. Incomplete justifying and exempting circumstances o 2. Under 18 o
r over 70
Correlate with RA 9344 o 3. Praeter intentionem o 4. Sufficient provoc
ation or threat by the offended party preceded the act o 5. Proximate vindicatio
n of grave offense o 6. Passion or obfuscation o 7. Voluntary surrender or volun
tary confession prior to prosecutions presentation of evidence o 8. Physical defe
ct restricts means of action, defense, communication o 9. Illness diminishes wil
l-power without complete deprivation of consciousness o 10. Analogous circumstan
ces No similar provision for aggravating circumstances If the criminal is 80 yea
rs, is there a mitigating circumstance?
o P v. Austria 27 June 2000 the accused was charged with rape. He was already 83
years old. His defense was erectile dysfunction. He was convicted, but the SC a
pplied the old age as a mitigating circumstance. So far, this is the only case w
here this case was applied. Must mitigating circumstances be alleged in the info
rmation? o No. How are mitigating circumstances classified? o 1. Ordinary enumer
ated in Art. 13 and some SPLs
If there is one, penalty lowered to minimum period
If there are two or more ordinary mitigating circumstances, the penalty is lowe
red by one degree
Can be offset by generic aggravating circumstances Not conside
red when the penalty is a single indivisible penalty (i.e. only RP now) o 2. Pri
vileged
Lowers imposable penalty by one or more degrees
Cannot be offset by any
aggravating circumstance Even if the penalty is single and indivisible, it is im
posed
33
o 3. Specific applies to specific felonies
Ex. concealment of dishonor in case o
f abortion by pregnant woman Ordinary Privileged Specific Lower to Lower by one
or To specific minimum period more degree felonies only If 2 or more, lower by o
ne or more degree Can be offset by Cannot be offset ACs by ACs Cannot imposed in
divisible penalties
be Can be imposed on on indivisible penalties
o Ex. X used a lead pipe to hit victim on the eyebrow, and the victim died. SC r
efused to apply the mitigating circumstance of lack of intent to commit so grave
a wrong as that committed. o P v. Pugay: (gasoline burning case) SC also applie
d Art. 13(3), because the intent was less than the material act committed. What
if two persons conspire to commit a felony, and one intended to commit the grave
wrong as that committed, while the other did not? o The conspirator who did not
intend to commit so grave a wrong as that committed cannot invoke the mitigatin
g circumstance. o BUT if both of them did not intend to commit so grave a wrong
as that committed, then both can invoke the mitigating circumstance. Can both tr
eachery and Art 13(3) be invoked together? o Yes. Treachery refers to the manner
or method used to kill the victim, while praeter intentionem refers to the stat
e of mind of the person. They may co-exist. Can praeter intentionem be invoked f
or culpable felonies? o No. Obviously intentionem requires intent in the first pla
ce, just that the intent did not match the result. What are the elements of suff
icient provocation?
o 1. Sufficient
Merely shouting at the accused and asking the latter to leave is
NOT proportionate to the latter killing the former. Need not constitute unlawfu
l aggression under Art. 11; the threshold here is lower.
Need not be put in word
s; can be in action. Ex. entering anothers property and then starting to gather t
he latters crops. o 2. Immediately preceding the commission of the crime
This act
ually means immediate, not like grave vindication which just requires proximity o
3. Originate from the offended party If provocation and passion/obfuscation are
based on the same facts, is the accused entitled to two separate mitigating circ
umstances or only one? o Only one. The accused is only entitled to only one miti
gating circumstance, because both are based on the same facts. o Same rule betwe
en vindication of grave offense and sufficient provocation. What is immediate in im
mediate vindication of grave offense?
35
o Proximity. It need not immediately precede the act, but there must be no lapse
of sufficient time. o How sufficient is sufficient time?
If there was only a ga
p of 30 minutes, still okay. P v. Palabrica: 1 day lapse is not okay.
P v. Ignas
: only said hours still okay. What is grave offense? o Grave offense in this provisio
is different from grave offense under Art. 9. Grave offense under this provisio
n might not even be a felony at all. It usually is an assault to honor. o When i
s an offense grave? 1. Determine social standing of parties
2. Determine place a
nd time and occasion when offense committed o Grave offense even includes an ins
ult You are living at the expense of your wife! appreciated as grave offense o In
a case, hitting someone with a bamboo stick is not a grave offense. Xs son eloped
with Ys daughter. At that time, it was really deemed a dishonor. Y looked for hi
s daughter for three days. Y sought revenge against Xs son and killed him. Is thi
s vindication of grave offense? (P v. Diokno)
o The SC said that it was. Even if three days lapsed, the act of elopement was d
eemed continuous, and the effect was still there. o NOTE: This case may be a pro
duct of its time. Now, this situation is pretty ordinary already. So this case m
ay be archaic already. What is necessary for passion or obfuscation to be consid
ered? o It must arise from lawful sentiments of the accused. The offended party
must have done an act unlawful and sufficient to excite passion or obfuscation o
It must not come from lawlessness or revenge, or an illegitimate relationship
B
ello: EXCEPTION. He lived with common law wife for 10 years. Bello supported her
for 10 years. After, the common law wife wanted out, and wanted to live with an
other man. Bello killed her. Eh wala ka namang ibubuga talaga eh. SC HELD: Passion
and obfuscation. Although the relationship was illegitimate, nevertheless, the
victim was ungrateful. How much lapse of time is allowed for passion and obfusca
tion to be appreciated? o P v. Ventura: Although passion and obfuscation may ari
se from jealousy, since
there was a lapse of 1 week, accused was expected to recover his equanimity. Can
vindication of grave offense co-exist with passion or obfuscation? o No. If the
y arise from the same facts, only one will be appreciated. Can treachery co-exis
t with passion or obfuscation? o No. Treachery CANNOT co-exist with passion and
obfuscation. When a person acts with passion or obfuscation, he loses his reason
and self-control, which is inconsistent with treachery, because one who acts wi
th treachery presupposes that he adopted a mode of attack of killing the victim.
o Contra: treachery can co-exist with praeter intentionem What are the elements
of voluntary surrender? o 1. Offender surrendered to a person in authority or h
is agent o 2. Offender surrendered before arrest is effected o 3. Surrender is v
oluntary, i.e., spontaneous and coming from intent to acknowledge guilt and save
time/resources of authorities o 4. No pending warrant of arrest or information
filed What is the most important element of voluntary surrender?
36
restricted his means of action, defense, or communication with his fellow human
beings. o Ex. rape committed by a deaf and dumb man on the girl of his dreams to
whom he cannot convey his feelings to o But not when it was committed by a man
with a severed left hand, because it does not limit his means of action, defense
, or communication What is necessary for illness that diminishes willpower of th
e accused? o It must only diminish and not deprive the offender of the conscious
ness of his acts; otherwise, it is an exempting circumstance What are NOT exampl
es of analogous mitigating circumstances? o 1. Being part of a minority group o
2. Extreme poverty o 3. Abberatio ictus o 4. Mistake in identitiy What are some
examples of analogous mitigating circumstances? o 1. Mitigated mental capacity o
f a battered woman (decided pre-RA 9262) o 2. Voluntary return of stolen goods W
hat are the aggravating circumstances? o 1. Advantage of public position
Art. 14: aggravating circumstances
o 17. Ignominy o 18. Committed after unlawful entry o 19. Committed after breaki
ng through a wall, roof, floor, door, or window o 20. With aid of persons under
15 years old, or motor vehicles o 21. Cruelty Compare with mitigating circumstan
ces: o This list is exclusive, whereas in mitigating circumstances, there are an
alogous circumstances allowed o Aggravating circumstances must be alleged in the
information, mitigating circumstances need not (since theyre matters of defense)
What are the types of aggravating circumstances? o 1. Generic aggravating
Apply
generally to all crimes Can be offset by ordinary mitigating circumstances
Incr
eases penalty to maximum period Are additional rapes or killing in the case of r
obbery with rape or robbery with homicide, for instances, aggravating? No, its no
t enumerated under law as such. Its an anomalous situation, but doubt is resolved
in favor of the accused.
P v. Hipol: The malversed amount was so huge, that the Sol. Gen said that the cr
ime was already economic sabotage and must be considered an aggravating circumst
ance. SC: There is no such aggravating circumstance as economic sabotage. No mat
ter how huge the amount is, it is not aggravating o 2. Qualifying circumstances
Cannot be offset by any mitigating circumstance Changes nature of crime
Must be
alleged in the Information as such new offense No need to increase the penalty b
ecause the change in the crime itself has changed the penalty as well to a highe
r one
Can qualifying circumstances not alleged in the information but proved in
trial be appreciated as generic aggravating circumstances? No, due to the amendm
ent in Criminal Procedure
X was charged with homicide with the generic aggravati
ng circumstance of treachery. Can the trial court find him liable for murder?
No, treachery was alleged as a general aggravating and not a qualifying circumst
ance.
How many circumstances are needed to qualify an offense? Just one. The res
t become generic aggravating circumstances. o 3. Special or specific aggravating
circumstances Apply to specific felonies; found outside Art. 14 o 4. Inherent c
ircumstances Those already integral to the crime and thus cannot aggravate the p
enalty Ex. In the crime of falsification of document by public authority, then ab
use of public position is deemed inherent. Same with malversation and other crime
s by public officers. What is the special aggravating circumstance introduced by
RA 7659? o Committed by an organized/syndicated group impose maximum penalty if
the offense was committed by any person belonging to an organized or syndicated
crime group (2 or more persons collaborating or mutually helping one another fo
r purposes of gain in the commission of the crime)
39
o P v. Tabeon: If the accused given a gun by the government by virtue of his pos
ition uses that gun to commit homicide, the use of that gun is an aggravating ci
rcumstance. He could not have used that gun unless he was a public officer. o Bu
t see P v. Villamor: Where Villamor used a gun officially issued to him by virtu
e of office use of that gun was not an abuse of public position. This is contrar
y to Tabeon. o N.B. The later decision is Villamor, but Justice Callejo agrees w
ith Tabeon. Follow Villamor, though, Two policemen were in the police car. They
stopped and ordered a girl to enter the car. One policeman stole the watch and w
allet of the girl. The policeman driving did not say anything. Both were held li
able for robbery. Did the aggravating circumstance of taking advantage of public
position apply even to the driver of the car? o Yes. He could have prevented th
e other policeman from robbing the siblings. But he did not. This was abuse of p
ublic position. Is this a generic or special aggravating circumstance? o The use
of ones public position in the commission of a crime is a special aggravating ci
rcumstance. (RA 7659, Sec. 23)
40
o No, because the offender must have deliberately intended to offend or insult t
he offended. The accused was conversing with the barangay captain and the former
killed the latter. May the A.C. of rank apply? o No. The mere fact that victim wa
s a person with a rank, such as barangay captain does not necessarily mean its ag
gravating, absent evidence that the killing was deliberately intended to disrega
rd or insult or threaten to insult the rank of the victim. What are further cons
iderations for circumstance of rank? o The charge must not include rank as an el
ement. If the accused was charged with complex crime of direct assault of PIA wi
th murder then the AC cannot be appreciated because it is inherent. o If the cha
rge was just murder, then the AC applies. When is the A.C. of sex not applicable?
o 1. If the accused acted with passion or obfuscation, o 2. when there is an amo
rous relationship between the accused and the victim, o 3. When there is a relat
ionship of employeremployee,
o 4. When the sex of the victim is inherent in the crime, A 20-year-old man rape
d an 80-year-old woman. The victim was the teacher of the accused in grade 1. Ke
y fact: victim was already retired! Does insult to rank apply? o Yes. The Fact t
hat the offended party was already retired did not diminish the respect due her
rank as his former teacher. Do these this apply to crimes against property? o No
. Not aggravating in crimes against property. o Examples of where insult to rank
, age, sex does not apply:
Robbery
Robbery with homicide since here, the homicid
e was merely an incident to robbery
[NOTE: the Escote doctrine applies to treach
ery, not here.] Is insult to rank, age, sex absorbed by treachery? o No. The agg
ravating circumstances of age and sex cannot be absorbed by treachery. Treachery
pertains to manner of commission. Insult to age, rank, sex refers to relationsh
ip. o Ex. The accused murdered a child 3 days old. The SC appreciated the A.C. o
f age in convicting the accused of murder. Also
42
treacherous since the child cannot defend himself. o But see P v. Malolot: Accus
ed hacked to death an 11 month old child. SC HELD: A.C. of age of victim DOES NO
T apply, because it was absorbed by treachery. (Justice Callejo does not agree w
ith this case. But Malolot might be prevailing, being the newer case). Art 14(3b
) dwelling
Does dwelling apply when both parties live in the same house? o Gener
ally, it is not aggravating. o Victim was stay-in laundrywoman, but it was not h
er house. The killer was the houseboy, who also lived that house. The laundrywom
an had her personal room, and the houseboy had his as well. Is dwelling aggravat
ing? Yes. Although the offender and offended lived in the same house, the crime
is aggravated by dwelling, because the room was deemed a dwelling, notwithstandi
ng being in the same house.
Each room although located in the same house is cons
idered a dwelling separate and independent of the adjacent rooms. What is consid
ered as dwelling?
43
o Includes every dependency of the house and every integral part of the house. I
ncludes staircase, enclosure under the house, and the terrace.
If the person is
stepping on the first rung of stairs, then it is dwelling. But if he has yet to
step, not yet. o To be considered as dwelling, it must be used exclusively for r
est and comfort. Ex. the victim owns a building consisting of two floors: ground
floor is video shop and 2nd floor is residence. The victim was killed in the vi
deo shop. Here, dwelling does not apply. The video shop is not exclusively for r
est and comfort, even if in the same building. What if the person is a squatter?
o Dwelling still applies. The law does not make any distinction as to the valid
ity of title over the property. What if the land is enclosed with a fence and th
e person is outside the house but inside the fence? o Dwelling does not apply. W
hen does dwelling not apply? o If the victim gave sufficient provocation. o What
are the elements of sufficient provocation?
1. Offended party gives provocation
2. The provocation is sufficient
3. The provocation is immediately before the crime Does the offender have to act
ually enter the house? o No. The law does not require that the offender must als
o be in the house. The offender can shoot from outside the house and kill a pers
on inside it is still considered as dwelling, Does dwelling apply in robbery? o
Distinguish: o Dwelling is aggravating in robbery with homicide or robbery with
intimidation of persons. o However, in robbery with force upon things, dwelling
is inherent in the crime. Is dwelling aggravating in arson? o No. (PD 1613) A pe
rson dies inside a building burned on purpose. When is it homicide, and when is
it arson? o Intent determines: o 1. If the intent is to burn the house, then the
burning is arson even if a person dies. Homicide is absorbed. o 2. If the inten
t is to kill the person and the burning was the means employed to commit the cri
me, it is homicide. o 3. If the intent is to kill the person, and the house is b
urned to cover up the crime, then it
44
What are the elements of abuse of confidence? o 1. Offended party reposed trust
and confidence to offender o 2. Offender abused this trust and confidence What m
ust be the character of the confidence reposed? o The confidence must be IMMEDIA
TE AND PERSONAL such that it gives the accused some advantage and makes it easie
r to commit the crime. o Ex. The mother of the victim had a common law husband,
whom the victim called papa. Papa raped the daughter. This was abuse of confidence,
even if the relationship between the mom and papa was illicit. What are contemplat
ed here? o 1. Committed in palace of Chief Executive o 2. Committed in the prese
nce of Chief Executive o 3. Committed in place where public officers are dischar
ging duties o 4. Committed in place of worship
Art. 14(5) committed in a place of worship
o N.B. The subjective and objective tests are alternative. They need not concur.
Either tests application is sufficient. o It is not enough that the crime was co
mmitted in night time. There must be evidence that night time was sought for, or
the nocturnity facilitated the commission of the offense What if the moon is sh
ining brightly or there is a streetlamp illuminating the event? o Then nighttime
is not appreciable. When is nighttime absorbed by treachery? o If it is part of
the treacherous means to insure execution of the crime. Otherwise, it is separa
tely appreciated. What determines if the crime was committed in an uninhabited p
lace (despoblado)? o It is not the distance, but the possibility or impossibilit
y of immediate aid to be obtained. The more important consideration is if the co
mmission of the crime makes it possible for the victim to receive aid. o Ex. The
distance is not so great, but one has to climb up a hill to reach the house to
render aid. There is despoblado. What is the burden of the prosecution? o Prosec
ution must prove that the accused chose the remoteness of the place to aid the c
ommission of the crime, or to conceal the commission of the crime.
When is there a band? o More than three armed malefactors (at least four). o Mus
t all of them be armed?
Yes. What is the test for armament? o Any weapon which,
by reason of its intrinsic nature or purpose, is capable of inflicting serious o
r fatal injuries. What is the character of participation of the four malefactors
? o The four armed persons contemplated in the law must be principals by direct
participation for band to be considered. They must act together in the execution
of the crime. There were four accused, and it was alleged that they composed a
band, in the information. Two were acquitted. Is there crime by a band? o Band i
s still subsistent even if two were acquitted. o DISSENT: No band. What is the c
haracteristic of crime by a band? o Merely generic. (Ex. robbery with rape, robb
ery with homicide, physical injuries, etc.) This means that this can be offset b
y a generic MC. o Contrast: Art. 266-B if rape is committed by 2 or more persons
, the offender is sentenced
46
o That refers to means of committing the crime. This provision refers to crime c
ommitted on the occasion of calamity or misfortune. Art. 14(8) with aid of armed
men
Requisites for aid of armed men? o 1. Armed men or persons took part in the
commission of the crime directly or indirectly o 2. Accused availed himself of
aid of such men or relied upon them when the crime was committed The armed men a
re accomplices who take part in a minor capacity, directly or indirectly. What i
f there is a conspiracy with the armed men? o There should not be any conspiracy
or the armed men must not be principals. Armed men Accomplices At least persons
two Organized crime syndicate
3. Or two or more prior offenses with lighter penalty o Do they have to fall und
er the same title of the code?
No. Recidivism Reiteracion service of Previous co
nviction by final Previous judgment sentence
Under same title of the No need to be under same RPC title No requirement as to
One crime or greater penalty in prior conviction penalty or at least two crimes
of lesser penalty
What is habitual delinquency? o Elements:
1. Within a period o
f 10 years from date of release or last conviction 2. For falsification, robbery
, estafa, theft, serious or less serious physical injuries (FRETSeL)
3. Found gu
ilty of said crimes a third time or oftener o What is the nature of habitual del
inquency?
It is special aggravating circumstance, which imposes an additional pe
nalty (not just increase) which escalates with the number of convictions. Thus t
here
48
will be two penalties: for the crime and for the habitual delinquency.
As such,
this cannot be offset by mitigating circumstances o Important things:
At least 2
convictions The third conviction must be within 10 years from the second convic
tion. The 10 year period is counted from the date of release if he had been rele
ased when against convicted. o Can one be a recidivist and a habitual offender a
t the same time?
Yes, if he is convicted a third time for crimes of estafa, robb
ery, or theft which are within Title X of the RPC, or for serious and less serio
us physical injuries which are both within Title VIII of the RPC. What is quasirecividism? o Elements:
1. Offender previously convicted by final judgment 2. Be
fore beginning to serve such sentence, or while serving it, he commits a felony
o What is the nature of quasi-recividism?
It is a special aggravating circumstan
ce which must be alleged in the information
o If used to commit ANY of the crimes in the RPC and it results to injury or dea
th of any person, it is an aggravating circumstance o Except in furtherance of p
olitical crimes, which absorbs the use of explosives o N.B. contrast this with i
llegally possessed firearms, which only aggravates murder or homicide When do th
ese circumstances cease becoming generic aggravating circumstances? o 1. When it
is a crime in itself o 2. When it is a means included in defining a crime What
are the elements of evident premeditation? o 1. Proof of time when the accused c
ame up with the determination to commit the crime o 2. Overt act by accused show
ing he determined to commit the crime and that he clung to that determination. o
3. Lapse of time between the determination and decision to carry it out. What i
s the essence of this aggravating circumstance? o Precedence of cool thought and
reflection How much time must elapse?
Art 14(13) evident premeditation
49
o The law does not give a formula. Each case must be resolved on the extent of e
ach factual circumstance. o P v. Beltran: There was only a lapse of two hours fr
om the decision to commit the crime and the actual commission of the crime. o Wa
s there evident premeditation when one wanted to kill X but he killed Y instead?
No. Because he did not intend to kill the other guy.
But if one decided to kill
any Ilocano or anybody he encounters and he does, this AC applies.
So the test is
what the initial plan was (whether it involved a specific person or group) and
whether the execution matched the plan. When is evident premeditation inherent?
o Evident premeditation is inherent in every specific intent felony. o Examples:
Kidnapping
Robbery
Estafa (intent to gain)
Piracy in Phil. Waters When is there
evident premeditation in robbery with homicide, and when is there none?
50
take them where the cows they supposedly wanted to buy are found. But they ended
up killing the victim. o HELD: Aggravated by craft. Used intellectual trickery.
Art 14(15) superior strength
When is there superior strength? o Offenders inten
tionally employ disproportionate force to the means of defense available to the
offended party Four accused were armed with a knife. One killed the victim, but
there was conspiracy. Only one was armed. Does superior strength apply? o Yes, s
till superior strength, because the victim was unarmed. Does superior strength a
pply in parricide? o No, do not consider abuse of superior strength in parricide
. It is generally accepted that the husband is physically stronger than the wife
. What happens when an aggravating circumstance is absorbed by another? o It los
es its juridical existence. o What is the relationship between treachery and abu
se of superior strength? Generally, abuse of superior strength is absorbed by tr
eachery. Abuse of superior strength then loses its juridical existence
o Can superior strength in this case offset a mitigating circumstance?
No becaus
e it already lost its juridical existence. Art 14(16) treachery For treachery to
exist either as a generic aggravating or qualifying circumstance, what two cond
itions must apply? o 1. Employment or means, manner, or method of execution that
would ensure the safety of the offender from any defense or retaliation of the
offended party o 2. Deliberate act of the offender or conscious choice of the me
ans, manner, or method of execution
Shown through a) prior conduct of the offend
er; b) relationship of the parties; c) nature of the killing May treachery be co
nsidered in carnapping with killing of a person? o No. Treachery is not aggravat
ing in qualified carnapping. Carnapping is a crime against property, so treacher
y is NOT aggravating. (As held in a case) o Is this still true today?
NOT ANYMOR
E. Take note of P. v. ESCOTE (see discussion below), which
51
Does suddenness of attack per se prove treachery? o No, Mere suddenness of the a
ttack does not by itself suggest treachery, unless the offender used the suddenn
ess of the attack as means or method to ensure success of strike. o Chance attac
ks or crimes done in the spur of the moment, or those preceded by heated alterca
tion, are NOT treacherous May treachery be considered if the wrongful act done b
e different from that intended by the offender? o Treachery is present even if t
he victim killed is different the one intended to be killed (because what only m
atters is the means of killing). o Treachery may be present in aberratio ictus o
r error in personae, again because it is not the intent but the means/method tha
t matters. What is the nature of killing by poisoning? o Treachery is inherent i
n killing by poisoning. If the offender poisoned the victim, treachery is inhere
nt. What is ignominy? o Circumstance pertaining to a moral order which adds disg
race or obloquy to the material injury caused to the offended party and tends to
make the crime more humiliating
Does the number of wounds per se determine cruelty? o No. It is the deliberate a
ct of committing the crime to cause unnecessary pain, not number of wounds. o Ex
. 20 wounds inflicted rapidly is usually not cruelty o Ex. 20 wounds excruciatin
gly inflicted, where the person savored the act, can be cruelty There can be no
crime of robbery with multiple homicide, regardless of the number of victims. Bu
t supposing for this reason of robbery, two are killed, can we not consider the
2nd killing as an aggravating circumstance analogous to cruelty? o No. Notwithst
anding how many people he killed, there is no aggravating circumstance. o The re
ason is simple: it is not among those listed in Art. 14.
contrary, the positive finding for drugs shall be considered an aggravating circ
umstance. R.A. 8294
P v. Comadre Justice Tinga said that 8294 amended Art 14(12)
, because usage of illegally possessed firearms becomes an aggravating circumsta
nce. Tinga: if the person is in lawful possession of the explosives, then he uses
it, it is QUALIFYING to murder. Dissent of Callejo: o Its absurd! If illegally po
ssessed only aggravating. If legally possessed qualified to murder! This is unju
st. o Use of an unlicensed explosive is AGGRAVATING. Because it says any crime i
n the RPC. So that should include murder. It shouldnt be qualifying. If unlicense
d firearm is used to commit murder or homicide, it is merely an aggravating circ
umstance. But what kind? Is it generic or special AC? o It is a special AC, not
merely generic. So there can be no offset. Does illegal possession aggravate att
empted or frustrated homicide or murder? o No. The law says homicide or murder.
It must be consummated. If the crime is merely attempted or frustrated, the AC d
oes not apply.
54
Under 8294, if one uses an unlicensed firearm to commit a crime other than homic
ide or murder, then the use of the unlicensed arm is neither a separate crime no
r an AC. BUT that person must be convicted for that other crime, before the usag
e of an unlicensed firearm can be considered as either a separate crime or an AC
. Does illegal possession of unlicensed firearm aggravate robbery with homicide?
o No. The law is clear: only murder or homicide. (Although there are SC decisio
ns to the contrary.) Do the words homicide and murder include parricide and infa
nticide? Or should it be read strictly? o P v. Mendoza murder is used in its gen
eric term. It therefore include parricide or infanticide, as the case may be. o
But one can argue that since the law only mentions these two crimes, under pro r
eo, then it must be construed in favor of the victim. There is security guard of
an agency. The agency has license to possess firearm, but the guard does not. T
he security guard used the gun to commit murder. Is it AC? o Yes, it is. Even if
the employer was licensed but the guard had no license to possess that firearm,
then RA 8294 applies.
When the accused and victim are first cousins, relationship is NOT aggravating.
o What about uncle and nephew?
No. Uncle and nephew/niece not covered. Is relati
onship an AC in rape? o Yes. o Relationship is aggravating in crimes against cha
stity, including rape. o While rape is now a crime against persons, it does not
lose its nature as a crime against chastity, because for rape to be committed th
ere must be lewd design. Thus, relationship is still an AC in rape. o What is th
e effect of father-daughter relationship in rape?
Its now a special aggravating c
ircumstance under RA 8353. No need to resort to relationship as an alternative c
ircumstance. What if the imposable penalty becomes death? o In crimes where the
imposable penalty is death, relationship shall not be deemed an AC, regardless o
f the crime. When is relationship aggravating and when is it mitigating?
56
o These provisions only apply when two or more people are acting criminally. Oth
erwise, its just the principal. When may a person be criminally liable as princip
al by direct participation? o Participation in criminal execution o Carrying out
the plan and directly participating in the execution
N.B. There must be conspir
acy, under this usual definition o But can there be principals by direct partici
pation without conspiracy? Yes: the usual example of two people attacking a cock
y guy in a bar with prior planning. The victim died due to two bullets, one from
each gun. There is no conspiracy here, but both are liable as principals by dir
ect participation. How about the mastermind? For him to be a principal, does he
have to commit an overt act in the execution of the planned conspiracy? o Enough
to be held as co-principal through conspiracy, as long as there is involvement
in the planning and commission. What should the overt act consist of for princip
als by direct participation? o 1. Active participation o 2. Or giving moral assi
stance to the other conspirators
58
Mere presence
Exercising moral ascendancy What is the general rule as to non-app
earance? o Deemed a desistance which is favored. Mere participation in a conspir
acy is not a crime, because there is no act yet to carry it out. When there is n
o criminal participation, there is no liability. o But see the exceptions for ma
sterminds and PDIs. Can someone not be in the scene of the crime and still be a
principal? o Yes. For example, there is conspiracy and one is on look-out duty f
or policemen. o For as long as the conspirators perform specific acts that were
coordinated pursuant to the conspiracy. X, Y, and Z conspired to kill V. All thr
ee stabbed V. Is it a complex crime? o No. There is only one crime of homicide,
as there is only one victim. The number of crimes committed does not depend on t
he number of co-conspirators. If rape was committed by 2 or more persons, what h
appens? o Commission of rape by two or more persons is a qualifying circumstance
that requires imposition of RP/death.
o Ex. The husband raped the victim, while the wife of the accused held back the
arms of the victim.
HELD: The husband was guilty of rape by direct participation
, and the wife was principal by indispensable cooperation. Is it possible that t
wo persons are conspirators but are liable for different crimes? o Yes. o Ex. Th
e private individual is liable for delivery of prisoners, while the escaped conv
ict is liable for evasion of sentence. o Ex. X and Y killed Xs wife. Y is liable
for homicide. X is liable for parricide. What is the rule for Robbery with homic
ide? o General rule: the act of one is act of all, even if only one co-conspirat
or killed the victim. o Is it possible that one is liable only for robbery but n
ot robbery with homicide?
Yes, if one desisted before the homicide was committed
. For instance, one prevented the other from stabbing the victim o What about ro
bbery with rape? All the accused will be liable for the rape committed by one of
them, unless one proves that he endeavored to prevent the person from doing so.
o For these cases, one must perform an OVERT act to prevent the commission of th
e other crime. Mere silence or running away is not enough disavowal. How does on
e become a principal by direct inducement? o 1. Directly forcing another to comm
it a crime
Using irresistible force
Causing uncontrollable fear o 2. Direct indu
cing another to commit a crime Giving price, reward, or promise
Using words of c
ommand What are the requisites to become a PDI? o 1. Inducement made directly wi
th intent of procuring the commission of the crime o 2. Inducement is the determ
ining cause of the commission of the crime by material execution What is require
d for use of words, to become a PDI? o Must have actually moved the hands of the
principal by direct participation, the latter of which has no other recourse bu
t to obey the command. This especially applies when the PDI has moral ascendancy
over the PDP. Does the PDI need to be in the scene of the crime? o No. His indu
cement is enough. What if the person inducing did not qualify in the above descr
iption?
59
individual. The private individual may be liable for malversation. Can the PDPs a
cts be by dolo and the PIC, by culpa? o Yes. Ex. There was a bank employee with
two friends. The friends made the employee believe that a bank document was genu
ine, which was approved by the employee without needed diligence. The crime of t
he PIC is estafa through falsification of commercial document, by culpa. What ar
e the acts of accomplices? o Prior or simultaneous acts not indispensable for th
e commission of the crime, and not overt acts for commission thereof. What are t
he requisites to be liable as an accomplice? o 1. Offender took part in the exec
ution of the crime by previous or simultaneous acts o 2. He intended to take par
t in the commission of the crime At what point must the accomplice acquire knowl
edge of the commission of the crime by the PDP? o After the PDP has reached a de
cision to commit a crime. The accomplice does not decide the commission of a cri
me. He just agrees after the criminal resolution is accomplished.
Art. 18: accomplices
Who is an accessory?
o One must have knowledge of the commission of the felony, and he participates a
fter the commission by any of the acts enumerated in Art. 19. His participation
must not be that of a principal or accomplice. What are the requisites to become
an accessory? o 1. Knowledge of the commission of the crime o 2. Without partic
ipating therein o 3. Perform any of the following acts (see below). What are the
three acts of accessories in Article 19? o 1. By profiting themselves or assist
ing the offender to profit by the effects of the crime o 2. By concealing or des
troying the body of the crime (corpus delicti), or the effects or instruments th
ereof, in order to prevent its discovery o 3. By harboring, concealing, or assis
ting in the escape of the principal, and
A. the accessory acts with abuse of pub
lic functions OR B. the accessory is a private individual, and the author of the
crime is guilty of:
i. treason,
ii. murder,
iii. parricide,
iv. or attempt to t
ake life of the Chief Executive, v. or is known to be habitually guilty of some
other crime When does the accessory participate?
o His participation comes after the commission of the crime. Does mere silence m
ake one liable for the crime as an accessory? o No. It is not a crime to remain
silent. What is the corpus delicti or body of crime that must be concealed or dest
royed under par. 2? o Body or substance of the crime, or the actual commission b
y someone of the particular crime charged. It is either:
1. Proof of occurrence
of a certain event 2. Some persons criminal responsiiblity X, a policeman, witnes
sed the killing of V by K. X failed to arrest K and even told K not to tell the
other policemen. Is X an accessory? o Yes, under art. 19(3). It was the duty of
the policeman to arrest the culprit and not to conceal the commission of the cri
me by silence or misleading statements. By his acts, he abused his public positi
on. What is PD 1612 (Anti-Fencing Law)? o One who acquires stolen property is cr
iminally liable as an accessory under Art. 19 or as a principal for fencing unde
r PD 1612. Prosecution has the option. When does one become a principal for fenc
ing requisites? o 1. The crime of robbery or theft must be committed, and accuse
d did not participate in the commission thereof. o 2. The accused then acquires
the proceeds of the robbery or theft, and he has actual
knowledge thereof or he should have known the subject is from such acts o 3. Int
ent to acquire What is the special rule P.D. 532 (piracy, highway robbery and br
igandage)? o Any person who directly or indirectly abets the commission of pirac
y or highway robbery/brigandage is not just an accessory he is an accomplice to
the principal of the crime. o The person who profits from the loot is charged wi
th Abetting Brigandage and is charged as an accomplice (not just an accessory)
Art. 20: accessories exempt from liability
Who are the accessories exempt from l
iability? o Those who are accessories vis--vis spouses, ascendants, descendants,
legitimate/natural/adopted brothers and sisters, or relatives by affinity of the
same degree o When does it not apply? To paragraph 1 (profiting from the crime)
o [N.B. this listing is limited (not up to 4th degree of consanguinity) and is
the same scope as the alternative circumstance of relationship] X killed Y. X to
ld his sister S to hide the body of Y. X and S buried Y. What is the liability o
f S? o S is exempt under Art. 20. The basis of the exemption is ties of blood be
tween the PDP and accessory.
62
What if a policeman furnishes the means for his brother to escape with abuse of
public position? Is he exempt? o He is. Blood-ties are more powerful than call o
f duty. Moreover, the law does not distinguish between private citizens and publ
ic officers. What is PD 1829 or Obstruction of Justice? o Those who assist the p
rincipal to escape may be prosecuted under PD 1829 as a principal for obstructio
n of justice. When convicted, the penalty imposed is the higher penalty between
PD 1829 and any other law, including the RPC. What are the acts amounting to Obs
truction of Justice? o [preventing] o 1. Preventing witnesses from testifying o
2. Harboring or concealing the offender o 3. Obstruction of service of court pro
cesses/orders or disturbing proceedings in fiscal or Court o 4. Solicitation or
acceptance of benefit to desist in prosecution o 5. Using threats to prevent a p
erson from appearing in proceedings o [misleading] o 1. Altering or suppressing
evidence o 2.using fictitious name to conceal crime or evade prosecution o 3. Ma
king or presenting false evidence o 4. Giving false or misleading information to
law enforcement agents Does PD 1829 provide the same exceptions as Art. 20?
63
o No. PENALTIES
Offended party and accused agreed to fight; one lost. He filed f
or a complaint for physical injuries. Does the pari delicto doctrine apply? o No
. It does not apply to criminal cases. In fact, two people can agree to duel, an
d if one dies, the offender may be charged under the RPC. Does estoppel apply to
criminal cases? o No. The offended party is the State. Private individual who s
ustained the damage is merely the witness to the crime. Can there be imprisonmen
t at the discretion of the court? o No. It must be according to limits imposed b
y law. Did the SC circular giving preference to fines over imprisonment for BP 2
2 and libel violations amend the law? o No. There was no abolishment of the pena
lty of imprisonment. May the favorable provisions of RA 7659 (Abolishing the DP)
retroact to entitle the offender to RP? o Yes. Penal laws retroact in so far as
they favor a person guilty of a felony, as long as he is not a habitual delinqu
ent o Even when there is already a final judgment o Does this apply even to SPLs
?
Yes. What is the retroactive application of RA 9344? o Any pending cases involvi
ng children below 15 are automatically dismissed and referred to appropriate div
ersion programs o Those already serving sentence are reassessed/reclassified und
er the new benevolent features of the law o If the minor is no longer entitled t
o suspension of sentence (Ex. reached 18 years old) and the court resolves to im
pose the sentence, he can still apply for probation What if a penal law is repea
led? o Then the court has no more jurisdiction to hear the case o The offense ne
ver existed and the person who committed it never did so. o Exceptions?
1. Savin
g clause 2. The repealing act reenacts the former statute What is the effect of
RA 8353 on Articles 23 and 344 which provide for pardon by the offended party? o
Rape and sexual assault are now crimes against persons. o Thus, criminal action
can only be commenced by information filed by public prosecutor, and not the pr
ivate offended party.
64
Piracy (RP) and qualified piracy (RP to death) are now both RP.
Kidnapping (RP t
o death) and Kidnapping with Homicide or Rape (mandatory death) are now both RP.
Destructive arson (RP to death) and Arson with homicide (mandatory death) are n
ow both RP. o 4. In graduation of offenses one or two degrees lower, take out dea
th from the scale as well. o 5. It did not declassify the crimes as heinous. Only t
he penalty imposed is affected. When is the duration of penalties computed from?
o 1. If the offender is in prison, from finality of judgment of conviction o 2.
If not in prison, from placement at disposal of judicial authorities to enforce
penalty o 3. Other penalties not involving imprisonment from day when he commen
ces to serve the sentence When are detainees credited with the whole duration of
preventive imprisonment? o 1. Full time, if the detention prisoner agrees to ab
ide by the same disciplinary rules as convicted prisoners o 2. 4/5 time, if he d
oes not agree to abide by the same rules o When is there no credit?
1. Recidivis
ts
65
years. Thus, the period for RP has become 20 years and 1 day to 40 years. (It wo
uld be absurd to set it at 30 years to 40 years, since there will be a gap.) o W
hat is the minimum period of imprisonment for RP?
30 years, after which the offe
nder will be eligible for pardon by the Chief Executive. (Although there is noth
ing preventing the Chief Executive from pardoning the offender beforehand.) o Wh
at is the number used in pegging the three fold rule for RP? 30 years as well. Sin
ce that article provides that when the culprit has to serve at least 2 penalties
, the maximum duration of the sentence should not be more than 3-fold the length
of time corresponding to the most severe penalty. What are the indivisible pena
lties? o 1. RP o 2. Perpetual absolute or special DQ o 3. Public censure What ar
e the effects of indivisible penalties? o Impose the penalty in its entirety
Eve
n if there is a special aggravating or two mitigating, it will not be affected.
distinction now that the DP has been abolished. When a penalty of fine is impose
d, what is the order of payment of pecuniary liabilities? o Read in conjunction
with Art. 38 (order of payment of pecuniary liabilities):
1. Reparation, 2. Inde
mnification, 3. Fine,
4. Cost of proceedings o To whom is the fine given?
Not gi
ven to the complainant; it is given to the State. o Can accused use its cash bai
l bond to pay his fine, if convicted? Yes. The law does not prohibit him from us
ing his cash bail bond to pay his fine. It is only meant to ensure his attendanc
e during the process. Conflict of provisions leading to confusing rulings, if th
e fine is exactly 200 pesos: o In Article 9, P200 is a light penalty. In Article
26, P200 it is a correctional penalty. o To harmonize:
When the issue is prescr
iption of crime, apply Art. 9. When the issue is prescription of penalty, apply
Art. 26.
68
What is preventive imprisonment for children in conflict with the law under RA 9
344, sec. 53? o Any form of physical restraint imposed on a child in conflict wi
th the law including his community service or commitment to a rehabilitation cen
ter shall be considered as preventive imprisonment. o If the minor juvenile is i
mprisoned pending trial he shall be credited with the service of the sentence wi
th the full time in which the child was preventively imprisoned
Provided the chi
ld agrees with the rules and regulations of the penal institution If not, still
entitled to 4/5ths of the time Under Art. 104 of the RPC, the offender is civill
y liable to the offended party for restitution, damage, reparation, and indemnif
ication for consequential damages. The liability of the accused (under Art. 104)
covers civil liabilities or pecuniary liabilities. How about the penalty of fin
e under Art. 38 of the RPC in relation to Art. 39? o It is also a pecuniary liab
ility of the accused, but it is a pecuniary penalty (and not a pecuniary liabili
ty), because it is a penalty under Art. 25 of the RPC. o So it is still covered
by the order of payment. What is civil interdiction and what rights does it cove
r? o Accessory penalty that attaches to RP and RT.
69
o Deprivation of the following rights 1. Parental authority
2. Guardian as to pe
rson/property of ward 3. Martial authority 4. Management of property
5. Disposit
ion of property by acts inter vivos
So he can still make a last will and testame
nt o Cannot appoint an agent to fulfill these tasks Art. 39: subsidiary imprison
ment When is subsidiary imprisonment imposed? o Subsidiary imprisonment can only
be imposed if the accused is penalized with a fine (either alone or in conjunct
ion with imprisonment), and because of insolvency, he cannot pay the fine. How l
ong is the subsidiary imprisonment? o If penalty is PC/arresto + fine confined u
ntil the fine is satisfied under the conversion
Whichever is the least among:
1.
1/3 of his sentence term 2. 1 year
3. Quotient of fine divided by 8 pesos o If
penalty is just a fine
Subsidiary imprisonment must not exceed 6 months for grave or less grave felonie
s Must not exceed 15 days for light felonies o If penalty is higher than PC, no
subsidiary imprisonment Can the convict be ordered to serve subsidiary imprisonm
ent for failure to pay pecuniary liabilities? o No. The convict cannot be ordere
d to serve subsidiary imprisonment for failure to pay pecuniary LIABILITY; but h
e can serve for pecuniary PENALTY. If he is not insolvent, but he does not want
to pay the fine, can he choose to go to jail instead? o No. The accused has no c
hoice but to pay the fine. Will subsidiary imprisonment apply for SPLs? o Yes. I
f the accused was convicted of a crime defined by SPL, Art. 39 will still apply,
taking into account Art. 10 of the RPC.
Ex: Violation of BP 22 Supposing he was
convicted for possession of unlicensed firearm and sentenced to prison term but
he was insolvent. Subsidiary imprisonment? o Yes. Again, Article 39 is consiste
nt with Art. 10.
imposed, even if the penalty for each of the crimes is less than 6 years. What a
re the accessory penalties? o RP and RT:
Civil interdiction for life or during p
eriod of sentence as the case may be Perpetual absolute DQ o PM:
Temporary absol
ute DQ Perpetual absolute DQ from right to suffrage o PC:
Suspension from public
office Suspension from right to follow profession or calling
Perpetual special
DQ from right to suffrage If imprisonment exceeds 18 months o AM, Am:
Suspension
from office Suspension of right to suffrage during term of sentence Who has the
power to order forfeiture of the proceeds of the crime and the instruments or t
ools used in the crime?
o Under Sec. 20 of the same law, the proceeds of the sale or disposition of the
property forfeited must be used to pay the expenses incurred in the proceedings
including cost of the proceedings Art. 48: complex crimes
When is there a comple
x crime? o Material Plurality when a single act constitutes two or more grave or
less grave offenses (delito compuesto composite crime), or when an offense is a
necessary means to commit the other (delito complejo complex crime proper) What
is the effect on the penalty? o There is only one penalty, although there are m
ultiple crimes o The more serious crimes penalty is imposed in maximum period Whe
n is there delito compuesto? o Either dolo or culpa Ex.: person was convicted fo
r reckless imprudence resulting into homicide and destruction of property o The
felonies resulting from the single act must be felonies in the RPC o If punishab
le under the RPC and an SPL, Art. 48 will not apply. The offender may be
72
The accused forcibly insert his penis into the vagina of the woman and she susta
ined Less SPI in her vagina. What is the crime? o Complex crime of rape with LSP
I The accused stabbed his wife to death, and she was 6 months pregnant at the ti
me. What is the crime? o Complex crime of parricide with unintentional abortion.
What is required for delito compuesto? o The law is clear: a single act. But th
e SC sometimes applied the single impulse test or the single criminal intent tes
t. o Gamboa v. P, cited in P. v. Judge Pineda: there must be singularity of the
criminal act, not singularity of the criminal impulse. Because singularity of cr
iminal purpose is NOT written in Art. 48. The SC applied single impulse test for
the first time: o X stole on the same occasion 13 cows. SC held: one crime of t
heft even if there were 13 cows, applying single impulse test. o Y took two roos
ters on one occasion. SC held: one crime of theft because it was in response to
one criminal impulse. In crimes against chastity, the SC adopted another test: s
ingle criminal intent: o X raped his niece at 10 am, and then again at 11 am at
same grassy area. One crime of rape,
73
o
o
o
o
even though committed in intervals of one hour, because he was motivated by a si
ngle criminal intent. Y inserted private organ and raped the victim, but he was
not content; he also inserted his finger at the same place and at the same occas
ion. The accused is guilty of one count of rape and 2 counts of sexual assault:
same place, same occasion. Z inserted his penis into the vagina of the victim an
d made several push and pull movements but without removing his organ, until he
reached orgasm. Only one crime of rape, because he reached orgasm only once then
he removed it. W raped his niece once a day and inserted his finger once a day,
for 16 successive days in different locations. Guilty of as many crimes of rape
and sexual assault equal to how many times he inserted his organ and finger.
Re
asoning: there could not be a single criminal intent because each time he commit
ted the crime, was on different days the accused was animated by separate crimin
al intents on each occasion. V raped the victim for first time is the pig pen, a
bout 8 meters from the house. Then brought her to the room and raped her again.
Then
brought victim room of cousin, and raped again. Brought her to kitchen, where he
raped her again. There were separate criminal intents because he raped the vict
im in different places although the rapes were done successively. o What is the
test then?
The place test
NOTE, however: P v. Escoton: Convicted person for 5 coun
ts of rape even if it was in the same place, and at the same night. Be forewarne
d that this might be the new rule now (2010 decision). What test will be applied
for kidnapping? Single impulse or single intent? o Even if the persons were kid
napped on the same occasion and place, there were as many crimes of kidnapping a
s there were persons. o Kidnapping with homicide, K with murder, K with rape are
all special complex crimes, and not complex crimes under Art. 48 of the RPC. Ev
en if the homicide or rape is a mere afterthought, this would be the crime. o If
the victim of kidnapping got raped, how many crimes of special complex crime of
kidnapping and rape?
There are as many times of crimes of kidnapping and rape as the number of person
s kidnapped and raped. o What is the test then?
Number of persons Will you apply t
he single criminal intent or resolution test in mala prohibita? o No. Lim v. P:
X issued 3 bouncing checks on the same occasion. There are as many violations of
BP 22 as there were many checks. The criminal intent or resolution test does no
t apply because it is mala prohibita. What about falsification of documents? Mus
t one apply the single criminal intent or resolution test? o X convicted of only
one complex crime of estafa through falsification of three postal money orders
which she cashed in on the same day. Since it was the same occasion, the acts we
re considered as only one act of estafa through falsification of commercial docu
ment. o Y falsified three money orders separately. Here, each act constitutes a
separate crime, because Y was animated by separate impulses, in falsifying each
voucher. o Z, an employee of the SC, falsified the roll of attorneys. Included 3
names. HELD: As many crimes of falsification as there are many persons.
74
o X antedates a public document, forges the signatures therein, and changes its
content. Is he guilty for three counts of falsification of the document?
No. The
re was only one crime of falsification of public document, although there were m
ultiple modes of falsification committed. o Gamboa v. CA: There was no single im
pulse, intent, or resolution test mentioned in Art. 48. It mentions a single act.
o Compare to Ilagan v. CA: X is a real estate agent who fraudulently collected f
rom lot buyers, but instead of turning over the proceeds to the corporation, he
kept them. How many crimes of estafa did he commit?
As far as the lot buyers wer
e concerned, there were as many crimes of estafa as the number of times the peti
tioner fraudulently collected from the victims. As far as the corporation is con
cerned, it depends on obligation to account. If he is obliged to account everyda
y and he fails to do so, there are as many crimes of estafa as the number of day
s he failed to account. If he is obliged to account every month, he is guilty fo
r every month he fails to account. What is the rule for libel?
75
o Even if two or more persons were subject to libel, if there was only one publi
cation, there is only one crime of libel. What is the rule for adultery? Is is a
delito continuado (continuing crime)? o Adultery is not a delito continuado. Each
sexual act is an offense. Adultery is consummated and exhausted at the time of
carnal union. Crimes against persons: o X and Y, constabulary officers, killed a
round 50 people with guns. What is the crime?
Convicted of complex crime of mult
iple murder under Art. 48(1), applying single impulse test.
N.B. the court just
resorted to this because they couldnt tell who killed who. o There were several k
illings inside Bilibid prison. What was the crime? Decision by J. Aquino: Multip
le counts of murder and multiple counts of attempted and frustrated murder. Agai
n, the SC applied single criminal impulse test.
Dissent by J. Makasiar: Read Art
. 48 single act. It doesnt say single criminal impulse.
o Due to the employees failure to ascertain identity of payee, there was Estafa t
hrough falsification by culpa. The latter was the means to commit the former. o
Why can a public document be falsified through culpa?
Because for official or me
rcantile documents, there is no need to prove that there is intent to cause dama
ge. The intent to cause damage is only required for private document. Therefore,
there is no falsification through culpa for private documents. What about forci
ble abduction with rape: related with Art. 342 and rape/sexual assault (Art. 366
-A)? o Take into account absorption of felonies. If the intention was to rape, a
nd the victim was brought to a place in light of rape, then there is rape only a
bduction is absorbed by rape. o But there may be a complex crime of forcible abd
uction with rape. What are these cases where it not absorbed and when it is abso
rbed?
Ex. Victim abducted and brought to grassy area near her house, where she w
as raped. Abduction was absorbed since it was near her house.
Ex. Brought to place 600m from her house, where she was raped. Abduction was STI
LL absorbed by rape.
Ex.: Abducted to place 100m from her house forcible abducti
on with rape. What is determinative? SPECIFIC INTENTION OF OFFENDER AND NOT THE
DISTANCE o What if there was abduction, and then there were three rapes done aft
er? The moment the first rape was committed, then forcible abduction with rape w
as consummated. So the second and third rapes were SEPARATE crimes. There is one
complex crime, two separate simple crimes. (This is en banc decision.)
But ther
e are some commentators that say that the subsequent rapes must be absorbed sinc
e abduction is a continuing crime. If the accused abducted two women at the same
time, and then raped both? o Guilty of TWO counts of forcible abduction with ra
pe. Can robbery with force upon things be taken together with robbery with viole
nce against persons as a complex crime?
77
o Yes. The former can be a means to commit the latter. When does delito complejo
not apply? o 1. Indispensable to the second crime o 2. Essential element or mod
e of committing another felony o 3. Merged with another crime o 4. Felony is com
mitted to conceal another crime A company officer falsified two private document
s to make it appear that there were two extra employees, even if she really just
kept the wages for herself. Can one apply Art. 48(2) for estafa through falsifi
cation of private document? o No. There can be no complex crime of estafa throug
h falsification of a private document, because the latter must have 1. Intent to
cause damage, and 2. Damage caused. For estafa, the same elements must apply. T
he moment the falsification was established by intent to cause damage, the same
element CAN NO LONGER BE USED to establish estafa. o The crime instead is falsif
ication of private document. If the estafa can be committed without the falsific
ation, the proper charge is estafa. Art. 48 does not apply. o If it is falsifica
tion of public or mercantile document, can there be complex crime of
What is the penalty for a complex crime? o Penalty for the more serious crime, a
pplied in its maximum period. To which situation does Article 49 apply to? o Onl
y error in personae. o N.B. aberratio ictus and praeter intentionem both attract
the application of Article 48 instead. What is the penalty for praeter intentio
nem? o 1. If the penalty for the felony actually committed is higher than that w
hich he originally intended, the penalty of the latter in its maximum period. o
2. If the penalty for the felony actually committed is lower than that which he
originally intended, the penalty of the former in its maximum period. o 3. If th
e act actually committed is an attempt or frustration of another crime which has
a higher penalty if consummated, the penalty of the attempt or frustration in i
ts maximum period. What are the rules in reduction of the penalties provided und
er law? o Consult the following table: Consummated Frustrated Attempted
Art. 49: penalty for error in personae
Application of penalties
What are the rules on reduction of penalties? o 1. Single and indivisible penalt
y next lower penalty
Ex. RP
RT o 2. Penalty is two indivisible penalties or one
or more divisible penalties imposed to their full extent penalty next lower in d
egree as to the lower divisible penalty
Ex. PM to RT PC o 3. Penalty is one/two
indivisible penalty and maximum period of another divisible penalty
medium and m
inimum periods of the proper divisible penalty and the maximum period of the nex
t lower Ex. RT in maximum to Death PM in maximum to RT in medium o 4. Several pe
riods corresponding to different divisible penalties
period following the minimu
m prescribed and the two next following
Ex. PM in medium to RT in minimum
PC in
medium to PM in minimum What are the rules on MCs and ACs? o 1. If the AC is tak
ing advantage of public position:
80
Impose penalty in its maximum regardless of MCs o 2. If the crime was committed
by a person belonging to an organized or syndicated crime group (group of 2 or m
ore persons collaborating, confederating, or mutually helping each other for pur
poses of gain in commission of crime
there must be an organized group, and not j
ust a conspiracy): Impose penalty in its maximum as well regardless of MCs o 3.
ACs and MCs which arise from moral attributes of offender, private relations wit
h offended party, or other personal causes:
Will only aggravate or mitigate liab
ility of those to whom the circumstances apply to o 4. ACs and MCs which consist
in the material execution/means to accomplish the act
Will only aggravate or mi
tigate liability of those had knowledge of them at the time of execution or coop
eration Why are abuse of public position and crime by syndicate/organized crime
group special ACs? o It cannot be offset by generic mitigating circumstances Wha
t is the rule for habitual delinquents? o 3rd conviction:
o 3. AC only:
Maximum period o 4. Some of both:
Offset, then apply the above 3 r
ules o 5. Two or more MC with no AC: Lower the penalty one degree, but always in
the proper period What if there are 2 or more MCs, but there is at least one AC
? No lowering by degree.
What if there are 2 or more ACs?
No increasing by degre
e. There can only be reduction by degree, not increase by degree.
Ex. if there a
re four mitigating circumstances, once you use two to lower the penalty by one d
egree, the other two are not taken into account. What if the accused is sentence
d to reclusion perpetua, has two generic MC, and no AC. Can it be lowered by one
degree? No. No matter how many MCs there are, RP cannot be reduced by degrees (
except privileged MCs) o To which crime do these rules not apply to, and what ap
plies instead?
To quasi-offenses under Art. 365. Instead, the court will apply its sound discre
tion for modifying circumstances instead of these rules. What to make of Art. 67
which applies to incomplete exempting circumstance of accident? o Article 67 is
inoperative. Apply Art. 365 instead, because incomplete accident is a quasi-off
ense. When do the regular provisions on calculation of penalty not apply? o For
the privileged mitigating circumstance in Art. 68 of minority (if 15-18 and acte
d with discernment). o But what if the minor commits a SPL, which does not follo
w nomenclature of RPC?
The minor is not entitled to privileged MC.
Ex. Life impr
isonment in Illegal Recruitment What is the rule for incomplete justifying or ex
empting circumstances? o See discussion above when to reduce it by one or two de
grees. Take note that this is a privileged MC and cannot be offset by ACs. What
two factors are considered by the court in imposing fines within a range?
82
Penalty of fine
o 1. Presence of MCs or ACs. o 2. Wealth or means of the culprit. What are the s
cenarios? o Either the law imposes a penalty of fine o OR penalty of fine AND im
prisonment o OR penalty of fine or imprisonment For example, what If the law pro
vides for a penalty of fine of not less than 50K to 100K, what can the court imp
ose? o The court has discretion to impose a fine within these bounds Will you ap
ply the ISL by analogy? o No. It does not apply here. If the law specifies penal
ty of fine OR penalty of imprisonment (Ex. BP 22), can the court impose a simila
r alternative penalty? o No. The court must make a definite choice. What are the
rules in the increase or decrease in the degree of the fine? o Increase or redu
ce (as the case may be), the maximum by 1/4th of the maximum amount. But never c
hange the minimum. o Ex. 50K to 100K, and there is an AC, then it can be 50K to
125K (1/4 of 100K), or 50K to 75K. Can the judge impose a fine as a substitute p
enalty to imprisonment?
For RP, treat its duration as 30 years, in calculating the three-fold rule. o Wh
at is the maximum period for sentences?
Always 40 years. Do not include subsidia
ry imprisonment penalty in the computation of 40 years. What are the penalties t
hat can be served simultaneously with penalty of imprisonment? o 1. Perpetual ab
solute DQ o 2. Perpetual special DQ o 3. Temporary absolute DQ o 4. Temporary sp
ecial DQ o 5. Suspension o 6. Public censure o 7. Fine o 8. Bond to keep the pea
ce o 9. Civil interdiction Can destierro be imposed as the same time as imprison
ment? o No. Imprisonment must be served by the convict successively, following t
he order of their severity, as provided for by Art. 71 o 2nd sentence does not c
ommence until after the first expires. What is the rule on execution of penaltie
s? o No penalty executed except by virtue of final judgment
When can public censure not be imposed? o If the person is acquitted, cannot any
more be subjected to public censure. Judge sentenced accused to 25 years RP; can
he be compelled to serve sentence? o No. There is no such sentence as 25 years
of RP; just RP (indivisible). o Remedy: writ of habeas corpus. What if the convi
ct becomes insane or an imbecile? o Suspend service of sentence and sent to hosp
ital for necessary treatment o But the civil liability should still be enforced
in spite of insanity or imbecility of the person. What is the nature of destierr
o? o Not permitted to enter the places mentioned in the sentence and within radi
us specified which shall be from 25-250 KM from the place specified. A minor is
exempt from criminal liability. Can the minor be held civilly liable? o No. The
minor is also exempt from civil liability. The parents/guardians are civilly lia
ble. o Relate with Art. 221 in Family Code:
Parents/guardians with parental auth
ority are civilly liable for the injuries
84
Civil liabilities
and damages caused by the acts/omissions of minors living in their company and u
nder their parental authority
Subject to proper defenses under law Does a comple
x crime under Art. 48 automatically mean there is only one civil liability? o No
. There are still as many civil liabilities as crimes, because Art.48 is strictl
y a pro reo provision in criminal law and does not extend to civil liabilities.
Is the adopter civilly liable for the damage caused by the adopted minor? o Yes.
What are the requirements for the employer to be civilly liable for damage caus
ed by their employees? o The employee has to be insolvent. Is a teacher liable f
or students acts? o Only when engaged in industry. Mere consulting doctors in a h
ospital negligently left gauze in the stomach of a person they operated on. Is t
he hospital liable? o Respondeat superior
because there was control exerted by t
he hospital o Are these consultants deemed employees?
Yes. Because employer-empl
oyee relationship is not determined by the nomenclature of the relationship.
o There must be proof that the employee is insolvent. This is proven through ret
urns of the sheriff. o Can the employer challenge the sheriffs returns?
Yes. o At
what stage of the proceedings can the employer do this? Upon the submission of
the sheriffs return. If the employee is convicted based on reasonable doubt, is t
here civil liability for the employer? o Yes. The only time there is no civil li
ability is when the court holds that the accused did not commit the acts on whic
h the charge was based on. What is the rule on registered vehicles? o Regardless
of who the actual owner of the motor vehicle might be, the registered owner is
the operator of the same with respect to the public or third persons. The owner
on record is the employer of the driver; the actual operator and owner are mere
agents of the registered owner of the vehicle. o The registered owner is subsida
rily liable (not the lessee), but the registered owner can recover from the less
ee. When are civil liabilities applicable?
85
o Will X have to pay twice for the value of the check, considering there is only
one check?
No. Even if there were two crimes, there was only one check, thus th
ere should only be one payment of the check. What is restitution, and what are i
ts rules? o Must return the thing itself if possible, with allowance for deterio
ration or diminution of value o What if a third person acquired a property that
was subject of crime?
Offended party can still recover the item from that person
But the buyer in GF is entitled to reimbursement from thief or criminal. If the
stolen property cannot be returned anymore, what is the remedy? o Value of the
thing taken. o When do you determine value? At time of commission of crime or up
on order of return?
Rationale is to bring back the situation to before the crime
was committed. Value of the property in the commission of the crime must be the
basis. What is reparation?
o The court must determine the amount of damage, taking into consideration the p
rice of the thing, if possible, and special sentimental value to the injured par
ty. What other liabilities aside from restitution and reparation? o Under NCC, f
or one to be able to recover actual damages, he must be able to prove by documen
tary evidence the actual damages sustained by him o If he cannot prove actual va
lue of actual damages, what must one prove to be entitled to temperate damages?
Claimant need not prove actual amount, as long as there is proof that there is l
oss. Court may grant temperate damages, as long as reasonable. P v. Billaber: In
a charge for illegal recruitment, the money paid by the applicant (placement fe
e, etc.), o 12% interest on the return of the amount paid from time of filing of
the case until the amount has been paid. Palana v. P: The petition was convicte
d for BP 22. Ordered to pay to offended party the amount of check with interest
(6%) from filing of information until the finality of the decision + 12% per ann
um from finality of decision until the amount was paid. What are the rules for a
ctual damages?
87
same rule apply for ACs, which can be the basis of exemplary damages under the N
CC? o No. The word aggravating in NCC should be applied in its generic sense since
it does not distinguish. Includes specific aggravating, qualifying circumstance
s, etc. These are distinct and separate from penalty of fine in the RPC. o Even
if not alleged in the complaint or information, if proven = can lead to exemplar
y damages. The rule is under the NCC and not the RPC, after all. o Ex. Even if t
reachery is a qualifying circumstance under AR 248, it can be treated as a gener
ic aggravating circumstance for the purpose of imposing exemplary damages o May
exemplary damages be awarded in arson?
Yes. It is an anti-social act. o Can relati
onship be the basis to grant exemplary damages?
Yes. Relationship may be a basis
for granting exemplary damages even if it is an inherent element of the crime (
ex. parricide). When are temperate damages recoverable? o The heirs of a decease
d in homicide, murder, parricide are entitled to actual damages, as proved by re
quisite documentary evidence. If
88
the actual damages are not proved, the court may prove temperate damages. Check
Annex 1 for detailed numbers on civil liabilities MODIFICATION AND EXTINCTION OF
CRIMINAL LIABILITY Extinction of criminal liability How is criminal liability e
xtinguished? o 1. Death of the convict as to personal penalties
For pecuniary pe
nalties, if death of the offender occurs before final judgment o 2. Service of t
he sentence o 3. Amnesty o 4. Absolute pardon o 5. Prescription of the crime o 6
. Prescription of the penalty o 7. Marriage of offended party as provided in Art
icle 344 of the RPC When does death extinguish the civil liability of the accuse
d and when does it not? o When the civil liability arises from the criminal act.
Civil liability of accused extinguished by death includes duty to restitute the
proceeds of the crime. o But civil liability predicated on a source other than
the delict survives. In this case, it can be executed against the estate. Contra
st absolute pardon from amnesty:
o Pardon: does not look back; looks to the future and is not retrospective
If he
is pardoned and commits a crime of the same title, he is still a recidivist o A
mnesty: everything is extinguished o Pardon is a private act of the President an
d must be proved by the accused, unlike amnesty, where the court can take judici
al notice because it is a public act with the concurrence of Congress. o Effects
on right to suffrage and right to hold public office: Absolute pardon granted b
y President restores civil rights, but for these two specific rights (suffrage a
nd holding public office), it must be specifically granted by the pardon What is
the rule on pardon under Art. 344? o The offended party may grant pardon to bot
h offenders, in the crime of concubinage and adultery. o Offended party may pard
on before institution of criminal complaint. o If there is conviction by final j
udgment, the President may grant PARDON EVEN IF it is a private crime. When does
marriage become a condonation? o Under 8353, the marriage between offender and
offended party in rape or sexual assault
89
will extinguish criminal liability and the penalty already imposed. o So even if
the marriage happened during service of sentence, the penalty already imposed i
s extinguished. o Supposing there are 3 accused: principal by direct participati
on, principal by indispensable cooperation, and an accomplice if there is marria
ge between principal by direct participation, does this extinguish liability for
the other accused?
Yes, they are benefited. This was the intent of the Senate w
hen they removed the original proviso stating that the coprincipal, accomplice,
and accessory do not benefit (through Sen. Enriles statement). Suppose an accused
made perjurious statements in a petition for naturalization. He was found out.
He decided to withdraw the petition for naturalization. Does this extinguish lia
bility? o No. This extinguishes merely the application but not the liability for
a crime already committed What is the amnesty period rule under BP 22? o For BP
22, when a check was issued, there were no funds. But when presented, there alr
eady were funds No liability in this case.
o If there were still no funds when presented, there is amnesty period for 5 days
to pay. If paid
No liability. Prescription of crimes When do crimes prescribe? o
Death, RP, RT 20 years o PM, other afflictive penalties
15 years o Correctional
penalties 10 years o AM
5 years o Light offenses
2 months o Libel and similar o
ffenses 1 year o Oral defamation, slander by deed
6 months o N.B. Remember 20y-1
0y-2m as the usual rule; then remember that the two mayors are 5y less than their
brethren. Remember, finally, that libel and slander are 1 year and 6 months, res
pectively. If the penalty imposed on the convict is a compound one, what is the
basis for prescription? o The highest penalty. What is the nature of destierro?
o Destierro is correctional: prescribes in 10 years What should be considered to
determine whether the crime has prescribed or not? o 1. Period of the offense c
harged o 2. Period when it begins to run o 3. Period when it is interrupted
90
Act 3326: the law defining how to compute prescription for crimes under SPL o Bu
t there are SPLs that themselves provide for manner of computing prescription o
Ex. OEC
5 years What is the rule under Act 3326? o Prescriptive period: from whe
n it is known to the offended party or to the State or agents o If not known whe
n committed, when discovered by the offended party or the State or its agents Wh
at do you mean by offended party? o Private party or government or its agents Wh
en does the period start running? o When crime is discovered by the offended par
ty, authorities, their agents When is the period interrupted? o 1. Counted when
complaint filed for preliminary investigation with public prosecutor or the OMB.
What if its a crime punishable under Summary Procedure?
When it is filed directl
y with the court Or when it is filed with the prosecutor o 2. Offender is outsid
e the Philippines this does not contemplate very brief trips abroad When does th
e period resume?
destructive individuals, but also in redeeming the individual for economic usefu
lness and other social ends. What is the courts role under the ISL? o Court must
determine the maximum of the indeterminate penalty, and then the minimum. How is
the maximum determined? o Consider modifying circumstances. Note that the privi
leged mitigating circumstances must first be considered. How is the minimum dete
rmined? o Minimum is one degree lower than that provided by the RPC. o The minim
um is within the whole range of the next lower penalty, not necessarily in the s
ame period as the maximum penalty. Thus, the period of the minimum and maximum n
eed not be the same. o Minimum: court has unlimited discretion within the range
of the minimum of the penalty one degree lower than the penalty imposed by law W
ho cannot avail of ISL? o [grave crimes] o 1. Convicted and punished with death,
life imprisonment, RP
For the purpose of ISL, life imprisonment and RP are syno
nymous. o 2. Committed:
92
What is parole? o When the person serves the minimum of the ISL, he may apply fo
r parole. He will be allowed to leave the penal institution under certain condit
ions. (Ex. do not commit crime, etc.) o Offenders who commit crimes while on par
ole are disqualified from ISL. o This lasts for a certain period of time. o If h
e complies with the conditions of the parole, the Board of Pardons and Parole wi
ll give out final release and discharge. What if the offense is punished under a
n SPL with a definite range provided for the penalty? o The court still imposes
an indeterminate sentence, using the minimum and maximum periods provided by the
law as limits. What are the conditions that should accompany a grant of probati
on? o Mandatory conditions:
1. Report to designated probation officer within 72
hours after receipt of order 2. Report periodically to the officer at least once
a month or sooner, as determined by the officer o Discretionary: the court will
specify these What is a penalty subject to probation?
93
Probation Law
o Must not exceed 6 years (PC). o Fine must not be 200 pesos or more. Who are di
squalified from probation? o [Type of conviction] o 1. Sentenced to maximum term
of more than 6 years o 2. Convicted of subversion or any crime against national
security or public order o 3. Those who have perfected appeal o [Had prior reco
rd] o 4. Previously convicted by FJ of offense punished by imprisonment not less
than 1 month and 1 day and/or fine not less than 200 o 5. Once been on probatio
n o [Not likely to be applicable] o 5. Already serving sentence upon effectivity
of probation law
Again, this is unlikely to apply now Differentiate disqualific
ation from denial: o Denial is when a person is qualified for probation but it i
s not granted because of, for instance, dubiety in character. o Note that probat
ion is a privilege, not a right. Even if you are not disqualified, it doesnt mean
you are automatically qualified. What is the number one rule? o if you file app
eal, you lose benefit of probation. If you file for probation, you cannot appeal
. When must application for probation be filed?
o Those who commit terrorism are not entitled to probation. What is the remedy i
f the court denied petition for probation? o If there was GADALEJ, the remedy is
Rule 65 (Certiorari) Soriano v. CA: In the probation that was granted, a condit
ion was that he has to submit a program of payment for the civil liability. He d
id not pay. The probation was revoked for failure to comply. Went to the CA: unco
nstitutional because he is being imprisoned for nonpayment of debt HELD: Wrong co
ntention! Imprisoned for not complying for condition of probation, not for nonpa
yment.
I: CRIMES AGAINST NATIONAL SECURITY TREASON (114)
What is the nature of treason?
o Treason differs from other crimes, because all persons are regarded as princi
pals. Those aiding or abetting, or even those not present in the scene but playi
ng just a small part are considered principals. o N.B. This is the only provisio
n in the RPC that is based on the constitution of the US (Art 3, Sec 3), and not
borrowed from Spain. This includes the need to either have: Testimony of two wi
tnesses to the same overt act
94
Or confession in open court How can a person commit treason? o 1. Levying war ag
ainst the Philippines o 2. Adhering to the enemy, by giving aid or comfort Why m
ust there be an overt act of giving aid or comfort? o Requirement of overt act o
f giving aid or comfort is to make sure that the crime of treason has moved from
the realm of thought to the realm of action. o In a case, does the mere act of
X of letting his German-aligned son stay in his house constitute the overt act o
f giving aid and comfort?
Yes. What is the purpose of the two-witness rule? o To
prevent the possible fabrication of evidence to prosecute a person. Quantity of
witnesses is not enough; the witnesses must be credible. Each witness must test
ify to the same overt act. o What if the acts are separable? If the acts are sep
arable, there must be at least two witnesses for each separable act.
No need to
have to prove the entire composite act; enough to have witnesses prove each comp
onent.
95
When is there no need for the two witnesses? o If there is confession in open co
urt, then no need for two witnesses. Is offering comfort women to enemy soldiers
giving aid and comfort? o P v. Perez: Getting women to satisfy sexual urges of
enemy soldiers is not giving aid and comfort to the enemy. o P v. Lozano: Sexual
and social relations with Japanese soldiers do not materially improve their war
effort. o N.B. J. Callejo disagrees. He thinks this is giving aid and comfort t
o the enemy. Can aid and comfort be made by speech? o Yes. Aid and comfort may b
e made by speech. Does the ISL apply? o No. The ISL does not apply to treason. T
here is a specific provision. Is treason delito continuado? o Yes. Delito contin
uado contemplates a series of acts committed over time, but only instigated by a
single criminal resolution. o Either a single act, or a series of acts impelled
by a single criminal intent. Is dual citizenship a defense? o No. Dual citizens
hip is not a defense. There must have been a prior renunciation of the Filipino
citizenship, and if this is not done, one commits treason.
Aliens may also be guilty of treason. Under what circumstances? o If they are re
sidents of the Philippines, because as resident aliens, they owe temporary alleg
iance to the Philippines. While they are here, they are under the protection of
the Philippines. Treason is a war crime. Explain. o It cannot be committed durin
g time of peace. It may be incubated during time of peace, but once war commence
s, treason may blossom into a crime (only then). What is the relationship betwee
n treason and common crimes? o Treason absorbs common crimes. Is there a complex
crime of treason with rape, murder, etc.? o No. It is a political crime, and th
us absorbs these other component acts. These are essential elements of the crime
of treason; without these, treason could not be committed. What do you mean by
levying war? Is the mere assemblage of armed men with capacity to overthrow the
government enough or is there a need to strike? o Levying of war means an armed
body of men, committing acts of violence for purpose of overthrowing the governm
ent.
o There must be an actual assemblage of men for the purpose of executing treason
ous design by force. They must be in such a position that they may overthrow the
government. It is not even necessary that they be armed by high powered arms, b
ut it is enough that they constitute enough men to overthrow the government. o M
ere conspiracy to overthrow is not enough (see conspiracy to commit treason). Wh
at is the second mode of committing treason? o 1. Adhering to enemy o 2. Through
giving aid and comfort o N.B. BOTH elements must concur. Without one, there is
no treason by the second mode. He must translate this to overt acts. There is di
fference in quantum of evidence to prove adherence and to prove the overt act. E
xplain. o Adherence may be proved by direct or circumstantial evidence. o The ov
ert act, however, must comply with the two-witness rule, because treason is such
a heavy crime, in order to prove it, there is a higher bar. The offenders commi
tted five overt acts. Must the prosecution prove all five with two witnesses? o
No. They can prove even just one. o But note that the witnesses must be credible
.
97
o ONLY committed by Filipinos, not foreigners. Thus, dual citizens, who are fore
igners too, may NOT be liable for misprision of treason. o N.B. compare to treas
on itself: even dual citizens can commit treason Does the two-witness rule apply
? o No. Differentiate this from accessories-after-the-fact: o Misprision of trea
son is different from being an accessory-after-the-fact. The latter hides the pr
incipal. Misprision hides the conspiracy. o Note though: This is moot because th
ere are no accessories in treason. This statement is based on a UK case. What is
the punishment? o Punished two degrees lower than treason, since the person who
committed misprision is punished as an accessory to treason. But he is still a pr
incipal of misprision of treason. Offenses: o 1. Without authority, entering war
ship, fort, etc. to obtain information, etc. of confidential nature
Relating to
national defense o 2. Possessing by reason of public office the confidential inf
ormation, etc. and disclosing them to foreign representative What is the nature
of the first mode?
98
ESPIONAGE (117)
PIRACY (122-3)
o RA 7659 merely expanded Arts 122 and 123, but under PD 532, there can be a sep
arate crime of Piracy in Phil. waters or high seas from piracy in Phil. waters o
r high seas in Arts 122 and 123. When does PD 532 apply then? o PD 532 one must
prove that the perpetrators were purposely organized not just for one act of rob
bery, but several indiscriminate commissions thereof. There must be evidence of
similar attempts or takings before. o If there is only one, either Article 122,
123 or 293, 294 (robbery). What is the nature of piracy on the high seas? o Its a
crime against the law of nations. o Piracy on high seas has two aspects:
1. Vio
lation of common right of nations 2. Criminal liability of the pirates may be im
posed by municipal law of the country, where found Arts 122, 123: o 122-3 makes
mention of the complement of vessel. Who are these?
Under Art 648 of the Code on
Commerce, these are all persons on board, from the captain to the cabin boy Wha
t is the relationship of piracy with the common crimes committed to accomplish i
t?
99
o For these common crimes to be an element of piracy, they must accompany the cr
ime of piracy. There is no complex crime of piracy with rape, or murder, or PI.
There is only one crime of piracy. It is a single, indivisible offense. Do not a
pply Art 48.
EVEN IF a lot of people died or were raped, there is still one crim
e of piracy. o But if these crimes were committed after the piracy has been comm
itted, they become separate crimes. Does the use of an unlicensed firearm (RA 82
94) qualify piracy? o No. Even if they used unlicensed arms or explosives, there
is no violation of this statute. Philippine waters is defined differently in PD
532, from that in the Constitution: o High seas: all parts of the sea not inclu
ded in the EEZ o EEZ: not extend beyond 200 nautical miles from shoreline RA 937
2 (HSA) o Piracy in Philippine waters and the high seas are predicate crimes of
terrorism. If these are committed for purpose of sowing terror in the population
, then terrorism is committed, with these as predicate crimes. o RA 6235 aircraf
t hijacking is a predicate crime for terrorism under RA 9372 too
100
What are the punishable acts under RA 6235? o 1. Compel a change of course of a
Philippine aircraft or seize control thereof while in flight
When is it in flight?
When all the external doors are closed after embarkation. o 2. Compel foreign a
ircraft to land in Philippine territory or seize control thereof while in the Ph
ilippines o 3. Ship, load, or carry in public passenger aircraft explosive, corr
osive, flammable, or poisonous materials o 4. Ship, load, or carry in cargo airc
raft any of the same materials against regulations by the Civil Aeronautics Asso
ciation What are the special aggravating circumstances for the first two offense
s above? o 1. Firing upon the pilot, crew, or passenger of the aircraft o 2. Exp
loded or attempted to explode a bomb to destroy the aircraft o 3. Accompanied by
murder, homicide, PI, or rape (same as last ground of piracy) P v. Catantan: Th
ere is crime under PD 532 even if offender did not seize the vessel, but merely
boarded it and inflicted PI on the occupant or owner. What is terrorism?
R.A. 9372 HUMAN SECURITY ACT
o Sowing widespread and extraordinary fear and panic among the populace to coerc
e the government to give into an unlawful demand, and committing the following a
ny of the acts enumerated. What are the enumerated acts? o Under the RPC
1. Pira
cy or mutiny 2. Rebellion/insurrection
3. Coup detat
4. Murder
5. Kidnapping and
Serious Illegal Detention 6. Crimes involving destruction o Under special law
1.
PD 1613 law on arson 2. RA 6969 toxic substances and nuclear waste act
3. RA 52
07 atomic energy regulatory and liability act 4. RA 6235 anti-hijacking law
5. P
D 532 anti-piracy and antihighway robbery law 6. PD 1866/RA 8294 illegal possess
ion of firearms and unlawful manufacture/use of explosives Who are liable? o 1.
Principals o 2. Accomplices
101
o 3. Accessories o 4. Conspirators (even if not yet executed) II: CRIMES AGAINST
FUNDAMENTAL LAW ARBITRARY DETENTION (124) Elements: o 1. Offender is public off
icer or employee o 2. Detains person o 3. Without legal ground What is gravamen
of the crime? o Detention without legal grounds by public officer or employee, o
f another person. How do you distinguish this from kidnapping? o Arbitrary deten
tion: public officer or employee vested with authority to arrest or detain anoth
er person detains another without any lawful cause. o Kidnapping: offender is a
private person and the purpose is to deprive the victim of his or her liberty. W
ho are liable for arbitrary detention? o Public officers or employees authorized
to detain another person. o Ex. PNP, NBI, even judges acting in official capaci
ty Who are persons in authority, or agents of persons in authority authorized to
detain?
Yes. They are authorized to carry firearms, to complement the operations of the
regular force of PNP; they are composed of civilian volunteers. Under EO 264, th
ey MAY arrest. So they can be liable for arbitrary detention. May a private pers
on be liable for arbitrary detention? o Yes, but only if the private individual
connives with the person in authority. What do you mean by detention? o Psycholo
gical restraint and not just physical restraint is enough for this provision, in
whatever form, for whatever length of time.
Ex. keeping a child in a room, thre
atening her with a big gun o Fear has been known to make people immobile. This i
ncludes threats to kill, and similar threats. This is equivalent to using actual
physical force to detain. Take note of circumstances where people can be arrest
ed without a warrant (in flagrante delicto, etc.). Failure to comply with these
exceptions and yet arresting without warrant is Arbitrary Detention. Usual cause
of Arbitrary Detention charge is arresting a person without warrant. o Ex. a pe
rson evading his sentence may be arrested on the run without a warrant, because
he is committing an offense in flagrante delicto.
o David v. Arroyo: Mere fact that the accused was wearing a t-shirt saying oust G
loria now is not a reason in itself to be arrested for inciting to sedition. o P
v. Lozada: Hot pursuit based on actual facts, with the use of the senses of the
policemen, with reasonable basis to believe that the person arrested is the auth
or of the crime, etc. Under the HSA, may a person be arrested for act of terrori
sm, and for how long must the arrested person be detained? o Maximum of three da
ys. How may arbitrary detention be committed? o Arbitrary detention may be commi
tted by dolo or culpa.
Ex. of culpa: Re-arresting a person who was released by m
eans of order of the court. May there be a complex crime of arbitrary detention
with PI? o Yes. This happens when there is excessive force in the arrest. Are th
e periods provided in Article 124 essential elements of the crime? o No. These j
ust provide a guide for calculating the sentence. What if a person arrested is l
ater acquitted after trial?
o This is fine. He need not ACTUALLY be convicted as having committed a crime en
ough to examine the nature of his deed and how the officer at the moment charact
erized the act. (Existence of probable cause) ARBITRARY DETENTION
DELAY PRISONER
S TO JUDICIAL AUTHORITIES (125)
THROUGH IN DELIVERY OF
Does the law apply to crimes defined by SPL? o Depends, if the penalties used fo
llow the nomenclature of the RPC. How do you determine the imposable penalty? o
12 hours light o 18 hours correctional o 36 hours afflictive o (3 days under the
HSA) o What is the basis for the nature of the crime?
What crime as it appears
to the arresting officer, and NOT what the crime actually turned out to be. What
is delivery to judicial authorities? o Means constructive delivery, which is ti
me the appropriate complaint or information is filed, with the court for appropr
iate judicial proceedings. N.B. Not a Preliminary investigation. (Theres a reason
why resorting to preliminary investigation requires waiver of Art. 125 under Cr
im. Procedure) Take note of rules on inquest. Art. 125 talks about those LAWFULL
Y arrested, but there was no immediate delivery to the courts.
The inquest must
be terminated within period stated in Art. 125. Or else, the
policeman will be liable under this provision. To whom must the detainee be deli
vered? o MTC, RTC, Family Court, or SB o Not to the CA, not to the SC. They are
not trial courts. If there was no warrant of arrest or commitment order, but the
information or complaint was filed, is there delivery? o Yes. Alvior v. Auguis:
[Context: before, the MTC may still conduct PI, but now they cannot under the a
mended ROC.] The person was lawfully arrested then delivered to MTC, but the jud
ge was not there. The arresting officer did not release the detainee. He just de
livered to the clerk of court. HELD: Liable for failure to deliver, because the
clerk cannot conduct PI anyway and the judge was not there. o Note: If the case
is cognizable by the OMB or Sandiganbayan
there is agreement between OMB and DOJ
, where the DOJ can conduct PI but they have to submit findings to the OMB. How
does Art. 12, par. 7 apply as defense? o There can be defense of insuperable cau
se for delay in delivery. What about delay in delivery of a person arrested lawf
ully by a private person?
104
What is the penalty? o Same penalty as 124, because failure to release is tantam
ount to arbitrary detention. When is one liable for expulsion? o He must use for
ce, violence, or other measures to compel another to change his residence agains
t his will Who can commit this crime? o Can only be done by public officers or e
mployees. o What if the person is not one?
If NOT authorized, then the crime is
trespass to dwelling. Relate to RA 9165, Sec. 31: o In addition to the penalty p
rovided for in the DDA, any alien who violates the provision must be deported im
mediately without further proceedings, except if the penalty is death (although
no more DP under RA 9346) Under Probation Law: may the person be compelled to ch
ange his residence? o Yes. Sec. 10. The court may require the probationer to res
ide in a place designated by court, and may not change residence without prior n
otice. Marcos v. Manglapus: Heirs of the late President Marcos are barred from r
eturning to the Philippines.
EXPULSION (127)
ARBITRARY DETENTION THROUGH DELAY IN RELEASE (126)
What is the power of the President to deport? o With respect to aliens, with res
pect to the Deportation Board, the President has the power to deport aliens. Wha
t is the effect of an extradition treaty? o If the Philippines has an extraditio
n treaty with another country, may compel a person in the Philippines to be depo
rted and extradited to that other country. HSA RA 9372 one charged with terroris
m may be granted bail, but placed under house arrest under usual place of reside
nce until further order of court. May be violated through 3 modes: o 1. Entered
dwelling o 2. Searched without consent o 3. Entered and refused to leave If all
three of these modes are committed, how many crimes are committed? o Just one. R
emember, these are modes and not individual felonies. Who may commit this crime?
o May only be committed by public officers or employees with authority to arres
t, or to seize property of another. o Article 128 does not apply to public offic
er or employee who entered dwelling of another in hot pursuit.
106
o Exception: plain view. But if not in plain view, he would exceed his authority.
Can an officer break open a door? o Officer may break open the door, if he is re
fused entry upon knocking and identifying himself as an officer. o Knock and anno
unce rule in warrants, BEFORE breaking a door. o Breakage: includes lifting latch,
unlocking chair or hatch, turning knob, etc. Does Article 129 apply to searches
by employees of the Bureau of Customs? o No, because authority is based on Art.
2203 of Tariff and Customs Code, in enforcement of customs law. o N.B. BOC offic
ials do not possess authority to do searches in domicile
DISSOLUTION OF PEACEFUL
PROHIBITION, INTERRUPTION, MEETINGS (131)
Who can commit this crime? o Only committed by public officers. o If done by a p
rivate person, it is serious disturbance/tumults (Art. 153). What if it is commi
tted by a member of the meeting? o Its not interruption of peaceful meeting. It m
ust be done by a stranger to the meeting.
107
109
o It is a crime against national security and the law of nations. o There can be
a crime of international terrorism; it a crime much like international piracy,
where anyone may capture the suspected terrorist anywhere. Can there be a comple
x crime of terrorism with rebellion? o No. Rebellion is simply a predicate crime
of terrorism. o Why is rebellion a predicate crime of terrorism?
Because commit
ting rebellion can sow widespread fear. In the same way, murder is a predicate c
rime, because multiple murders or maybe murdering one key person like the Presid
ent could cause widespread panic or fear. How is terrorism different? o Terroris
m is different because the purpose is to achieve the illegal demand on the gover
nment. It may be political, and it may not it may be purely monetary. What is th
e main difference between terrorism and rebellion? o For terrorism, there must b
e widespread panic and fear; and there must be an unlawful demand against the go
vernment.
110
N
the
de
i
o Yes. Sedition is a crime against public order and the tranquility of the gener
al public When is the crime consummated? o Again, the crime is consummated upon
concurrence of intent + overt acts. Motives: o [Preventing exercise of functions
of execution of law] o 1. Prevent promulgation or execution of and law, or hold
ing of popular election o 2. Prevent National, provincial, or municipal governme
nt or officer from exercising functions or preventing execution of AO
N.B. no bar
angay official in the enumeration o [Act of hate or revenge] o 3. Inflict act of
hate/revenge upon person or property of public officer or employee Contrast with
direct assault: here, there is tumultuous public uprising o 4. Commit act of ha
te/revenge against private persons or social class, for political or social end
o [Despoiling] o 5. Despoil any person, municipality, or province, or National G
overnment of all its property or part thereof, for political or social end What
laws are included in par. 1?
113
o Laws in general, even political in nature, as well as civil and criminal laws;
ordinances of municipal or provincial boards Who are the officers included in p
ar. 2? o Includes judges and justices, and constitutional officers; municipal co
uncil, provincial government or board o BUT NOT barangay officials or council
Al
though they are included in par. 3 In both rebellion and sedition, there is a pu
blic uprising. What is the difference? o Rebellion to achieve political purpose,
they take up arms o Sedition
as long as tumultuous; they do not take up arms, b
ecause they do not intend to overthrow the government o three persons who are ar
med participating therein What are crimes of hate/revenge in paragraphs 3/4? o C
rimes against persons (murder, etc.) o Crimes against property (arson) o Victim
may be private or public officials, whether of national or local government What
about crimes of murder, homicide, PI, arson, committed by those committing sedi
tion are these absorbed? o NO! They are not absorbed. Neither are these complexe
d. DO NOT apply Art. 48
Article 142 punishes also those who conceal such evil practices (inciting to sedit
ion). What does this imply? o Concealing such evil practices is not an act of an a
ccessory in this case, but an act of a principal.
Crimes against popular representation ACTS
PREVENTING MEETING OF
CONGRESS
AND SIMILAR
CONSPIRACY TO COMMIT SEDITION (141)
BODIES (143)
INCITING TO SEDITION (142)
Who must commit this crime? o Offender must NOT be a member of the body disturbe
d; he must be a stranger to the deliberative body N.B. Again, barangay council m
eeting not covered by this provision Can there be a complex crime? o Yes. If the
y commit crimes of violence like homicide to disturb the meeting, there CAN be a
complex crime under Art. 48 Elements of first mode? o 1. Through force, intimid
ation, threats, fraud o 2. Prevent a member of Congress from:
attending session
or meeting expressing opinions or casting vote Elements of second mode? o 1. Pub
lic officer or employee o 2. Arrests or searches member of Congress o 3. While C
ongress is in regular or special session o 4. Unless the crime committed is more
than 6 years Correlate with the Constitution: o Art. 145: amended by 1987 const
itution. Parliamentary immunity only applies up to prision correctional (the pro
vision says prision mayor).
115
Under the first form, a meeting with presence of an armed person to achieve a cr
ime in the RPC is proscribed. If they ACTUALLY commit the crime, what happens to
illegal assembly? o It loses its juridical existence. It becomes a mere prepara
tory act. What about the second form? o It is a point of disagreement as to the
liability of the person who incites the commission of treason, rebellion/insurre
ction, sedition, or direct assault:
Some say the crime is inciting to rebellion
or sedition BUT the problem is, it is an element of illegal assembly (146), so h
ow can one commit inciting to rebellion or sedition? o J. Callejos opinion: If th
e inciter is NOT a member of the assembly (an outsider) he is liable for incitin
g. If the inciter is a member the government has two options to charge with:
1.
Illegal assembly, or 2. Inciting to rebellion or sedition What is the presumptio
n if one carries an unlicensed firearm to the meeting? o 1. Presumed that the pu
rpose of the meeting is to commit violations of the RPC
116
o 2. The person will be considered a leader or organizer of the meeting (and is
punished PC instead of AM) ILLEGAL ASSOCIATIONS (147)
What are the two types of
illegal associations? o 1. Totally or partially organized to commit any of the c
rimes in the RPC o 2. Totally or partially organized for some purpose contrary t
o public morals What are public morals? o Estrada v. Escritor: those which are de
trimental or dangerous to conditions helpful for the advancement of society o Not
religious morality, but secular morality. What was added by RA 9208 (anti-traff
icking law)? o Punishes association organized to propagate or promote immoral do
ctrines, obscene publications or shows, sex tourism, sexual exploitation, pornog
raphy What was added by the HSA (RA 9372)? o Sec. 17: Public officers may petiti
on that an association may be declared as one composed of those conspiring to co
mmit terrorism
What is the purpose of Article 148? o Intended to protect those exercising offic
ial functions and to guarantee dignity and authority What is the nature of Direc
t Assault? o It is a FORMAL CRIME. It is not a material crime. o There can be no
attempted or frustrated direct assault. o It is consummated when a person of au
thority is attacked with force or met with serious intimidation or resistance Wh
at are the forms of direct assault? o 1. Without public uprising, use force/inti
midation to attain any of the purposes in rebellion or sedition:
[Rebellion]
A.
Remove allegiance from Philippines the national territory or any part thereof, d
epriving President/Congress of powers over it
[Sedition] B. Prevent exercise of
powers/execution of law
C. Acts of hate/revenge against public officer or social
class for political or social end
117
o For first form, when one is not performing his duty, then motive comes into pl
ay What are the elements of the second form? o 1. The public officer was perform
ing his duty or was attacked for past performance of duty
A public officer goes
to a locality to solemnize a marriage and then he returns to his office. En rout
e, he is assaulted. Is it direct assault? Yes. When he is going back to his publ
ic office after solemnizing the marriage, the going back is part of his official
duty. If a mayor is attacked for past performance of duty, is it direct assault
? Yes.
X attacked a barangay kagawad, but hit the barangay chief tanod who was j
ust sitting around. Is it direct assault?
No. The tanod is not performing his du
ty at the time he was hit. o 2. Accused knew or ought to have known that he was
a public officer or an agent thereof Case: an officer in civilian clothes was su
rveying a public market. Was there DA?
No. Because the accused did not know that the accused was a police officer who w
as on 24 hour duty.
And the accused killed the victim on a personal grudge. o 3.
He attacked, used force, or seriously intimidated/resisted the PIA or his agent
What does Agent include?
Police, Malacanang confidential agent, sheriff Municipal
treasurer (since he is only a deputy ex-officio of the provincial treasurer)
Po
stmaster Agents of BIR o 4. Qualified if:
1. Committed with a weapon 2. Offender
is public officer or employee 3. Laid a hand on the PIA What if there is an agr
eement to fight? o Husto v. CA Husto is an academic supervisor. The victim, an a
cademic supervisor too, wanted to transfer a favorite teacher to Poblacion. Hust
o disagreed. They agreed to fight. When they were just about to go out, Husto co
uld not wait; he grabbed an ashtray and smashed it against the others head.
118
o HELD: It was direct assault because they did not fight outside What if the off
icer exceeds his authority? o P v. Fook: Fook, a Chinese person, went to the Phi
lippines. He got body searched in immigration and he passed. He went back becaus
e he forgot something. He got body searched again. He got upset and resisted. He
was charged for direct assault. o HELD: No direct assault. The PIA or his agent
who exceeds his power is NOT in the exercise of the functions of his office. He
re, they body searched Fook TWICE, which is beyond the scope of duty. o Resistan
ce is legitimate against PIA or agent who exceeds authority. How much resistance
can be done depends on the extent of excess of authority. o When is one not lia
ble for resistance?
For one not to be liable for resistance, the resistance must
be co-extensive with the excess of authority, and just sufficient to repel the
excess or abuse What does lay a hand mean? o To inflict upon PIA or agent a physic
al attack; holding; shoving; etc., with intent to cause evil or injury o When a
person lays a hand over PIA, the crime is direct assault. It is not necessary to
119
ascertain what force the law requires, since the law itself defines the force by
providing the term laying a hand. When is force or intimidation serious enough? o
Depending on circumstances of the particular event. In the following cases, the
re was direct assault: o Accused punched a police officer several times o Accuse
d struck police officer with pen knife and wounded him o Accused tried to stab t
he police officer but he missed still DA (so need not actually strike the PIA) o
Accused struck judge with dagger, after the judge convicted him of theft Recall
that DA is qualified if committed with a weapon. What is the special nature of
qualified direct assault with the use of a weapon? o It is a special aggravating
circumstance; cannot be offset by generic MC. o Not enough to merely carry a we
apon. He must use the weapon to assault the victim. o Mere aiming of a gun at a
PIA is qualified direct assault because there is intimidation, with use of weapo
n. What if a diplomat is assaulted? o RA75, sec. 7 (Assault of diplomat) is a sp
ecial crime
Said there is indirect assault if there is a person going to the aid of PIA or a
gent, and that person is himself assaulted. o J Callejo agrees with Regalado: Gu
evara and Reyes did not take into account RA 1978:
If one who goes the aid of a
PIA, he becomes an agent of a PIA. If he himself is attacked, then he becomes an
agent of a PIA
it becomes direct assault
There is only indirect assault if the
private person comes to the aid of the agent of the PIA. DISOBEDIENCE TO SUMMONS
(150) What are the acts punished? o 1. Refusal to obey summons of Congress, or
any commission authorized to summon witnesses o 2. Refusing to be sworn in o 3.
Refusing to answer legal inquiry or produce documents o 4. Restraining another f
rom attending as a witness therein o 5. Inducing disobedience to summons or refu
sal to be sworn in (#1 or 2) What is the doctrine laid down by Senate v. Ermita
(EO 464)?
o The President of the Philippines and members of SC are exempt from powers of i
nquiry o If President does not agree with attendance of members of Executive, th
ey cannot be compelled to answer queries of Senate Relate to Sec. 35 of HSA: o A
ny information secured in violation of antiterrorism law is inadmissible in evid
ence in any judicial, QJ, legislative, or admin functions When does this provisi
on apply? o When there is resistance or serious disobedience of a PIA/his agent
but not falling under the prior provisions
RESISTANCE AND DISOBEDIENCE TO A PIA/AGENT (151)
Public disorders SERIOUS DISTURBANCE/TUMULTS (153)
Acts punished as tumults/othe
r disturbances of public order: o 1. Serious disturbance in public place o 2. In
terrupting or disturbing gatherings not included in 131 or 132 (thus, neither po
litical nor religious) o 3. Making outcry tending to incite rebellion or seditio
n o 4. Displaying placards or emblems which provoke disturbance of public place
121
o 5. Burying with pomp one who is executed Relate to Art. 131: When is one guilt
y under disturbance/prohibition of peaceful meetings? o For policemen to be guil
ty under 131, the person must be a stranger to the meeting. What are the limits
to right of assembly? What is the test? o Clear and present danger of substantiv
e evil, with imminent danger posed against the public interest What does BP 880
require before a rally can be conducted? o There is need to secure a permit
When
can permit be denied? CPD o N.B. But for freedom parks, there is no need for a
permit o Calibrated preemptive response maximum tolerance
NOT part of the Part of assembly assembly Covers peaceable assemblies rallies
the NOT part of the assembly Covers normal gatherings (non political, non religi
ous)
or Cannot be committed by culpa (there is intent to seriously disturb)
What is the nature of the crimes? o 131 crime against the fundamental law of the
State o 153 crime against public order
So this really is just for normal gather
ings, and not one subject to fundamental rights
This does not include religious
assembly, which is covered by 132. o In a public rally of INC there was serious
disturbance. Is this covered by 131, 132, or 153? Art. 131. This is not a religi
ous ceremony, but a rally. Distinguish 153 from 155 (Alarms and scandals)? o In
both cases, there is disturbance
o 153 causing of public disturbance, and the offender had the intention to cause
such serious disturbance
Cannot be committed by culpa o 155 disturbance is not
serious o What kind of disturbance must be caused in 153?
Serious. Otherwise, it
will be alarms or scandals under 155. o How do you determine if the disturbance
is serious or not? Look at the place, facts and circumstances surrounding the c
ause of disturbance, and effect to people at that time The locus of the crime is
determinative of its nature. What do you mean by this? o The place where it is
committed. o Public place is one that is open to all, as distinguished from domi
ciles. Under second mode of 153, what are the elements? o 1. There is public per
formance or function Suppose someone disturbs court proceedings, is it covered b
y the second mode? Can be charged with Art. 153, because these are open to the p
ublic.
123
Does the burying with pomp provision still apply? o No, in light of RA 9346, nobod
y can be executed. Acts punished: o 1. Discharging firearm, rocket, firecracker,
or explosive within any town or public place o 2. Charivari or disorderly meeti
ngs o 3. Disturbing public peace while wandering at night or engaged in nocturna
l amusements o 4. Causing disturbance or scandal while intoxicated while 153 is
not applicable Is Alarms and Scandals a specific intent crime? o No. It is the r
esult, not the intent that controls. o Why does the provision say calculated to c
ause alarm/danger?
Calculated to cause alarm or danger is an erroneous translation.
o If there is discharge of firearm but there is no alarm caused, then there is
no crime under Art. 155. If the firearm is unlicensed, can one be convicted unde
r RA 8294? o No. If there is another crime committed (155 here), one cannot be l
iable for RA 8294. Elements?
124
ALARMS AND SCANDALS (155)
o If the public officer accepts a bribe to release the prisoner, what are the cr
imes?
One giving money: corruption One accepting money:
1. Bribery 2. Delivery o
f prisoners o But if the bribery was towards another prisoner, what is the effec
t? It would be a deemed a means to commit the crime. What does the phrase other m
eans mean? o Example: craft or disguise o What is the effect?
Arresto mayor (lowe
r penalty) If the other means used by the principal of delivery of prisoners is
a FELONY, what happens? o Art. 48 applies. Example, if there was direct assault,
attempted homicide, physical injuries, etc. What is the exception to this rule?
o The means provided specifically in Art. 156 (bribery), or fraud (or other mea
ns that do not constitute crimes by themselves), etc. do not attract Art. 48.
o Committed by one convicted by final judgment who escapes from prison. If a per
son escapes from jail, and he is arrested without warrant, would the policeman b
e charged with arbitrary arrest? o No, because warrantless arrest is allowed for
those who escaped (Third exception) o Is evasion a continuing crime?
Yes, as lo
ng as he is escaping, he is committing a crime. Can one be guilty of evasion of
sentence, although not confined in a prison? o Yes: 1. If arresto menor, can spe
nd sentence in house. 2. Sentenced to destierro and one entered the prohibited p
lace. 3. Hospital, which is an extension of the penal institution. Elements of e
vasion: o 1. Convicted by final judgment o 2. Serving of sentence which consists
of deprivation of liberty o 3. Escaping during sentence Can one not sentenced t
o Final Judgment (ex. detention prisoner) be liable for evasion of sentence? o N
o.
Under what circumstances may a prisoner be not liable for evasion of service of
sentence? o 1. Detention prisoner o 2. Deportee who violated deportation order o
3. Youthful offender under 9344
Because rehab center is not a penal institution
Can a person serving sentence for an SPL be liable for evasion? o Yes. As long
as serving sentence, whether RPC or SPL. When does Article 48 apply and when doe
s it not? o If one uses violation or intimidation, it is absorbed. o But if one
commits a crime to evade, then Art. 48 can apply. A convict was granted conditio
nal pardon. The usual condition is not committing another crime during condition
al pardon. Is the violation of the conditional pardon a felony? o Yes, it is a f
elony. o What is the period for the condition?
Remaining period of the sentence
if the penalty remitted is greater than 6 years
If less than 6 years, prision co
rreccional in minimum period o Is it necessary for the prosecution for violation
of conditions of pardon upon violation?
127
No. The C.E. can order the immediate arrest of the person through Board of Pardo
n and Parole. o Is a violator of the conditions of pardon entitled to ISL?
No. I
t is provided in the ISL. Circumstances qualifying offense: o 1. Unlawful entry
(by scaling) o 2. Breaking doors, windows, etc. o 3. Using picklocks, false keys
, disguise, deceit, violence, intimidation o 4. Through connivance with other co
nvicts or employees of penal institution What if the convict evaded on circumsta
nces of a catastrophe? o And caught again, increase penalty by 1/5 o If he retur
ns within 48 hours, decrease penalty by 1/5 For violation of conditional pardon
through commission of the crime, there can only be conviction under Art. 159 aft
er conviction.
o Justice Regalado: No. Because the very act of evasion of sentence is an elemen
t of the aggravating circumstance of quasi-recidivism. Under Art. 62, par. 1 if
the aggravating circumstance in itself constitutes a crime punishable by law, it
is not taken into account. o J Callejo: This still bothers me. No clear answer. C
an one be a quasi-recidivist and a recidivist at the same time? o Yes. Only diff
erence: recividism can be offset by generic mitigating circumstances, quasirecid
ivism cannot. While serving sentence, a convict commits a complex crime. What is
the effect? o Maximum of the maximum of the more serious crime. What is the bes
t evidence to prove prior conviction? o Court judgment. What is the difference b
etween reiteracion and quasi-recidivism? o Reiteracion: needs final service of t
wo or more lesser crimes, or one graver or equal crime
IV: CRIMES AGAINST PUBLIC INTEREST Forgeries
128
FORGING THE
GREAT SEAL OR THE SIGNATURE OR STAMP OF
THE PRESIDENT (161)
Can forgery of signature or the great seal be committed by culpa? o No. There mu
st be knowledge and intent to use the signature or great seal. What is the presu
mption under this law? o Presumption: possession of a document bearing the forge
d signature or seal deemed to be the one who committed the forgery.
OF FORGED GREAT SEAL,
USE
PRESIDENTS
SIGNATURE OR
STAMP (162)
Can only be committed with criminal intent, because the law uses the word knowing
ly. Who can commit this crime? o Offender here is not the forger, because the for
ger is liable under 161. What are the means to commit this crime? o 1. Making fa
lse coins o 2. Importing o 3. Uttering with connivance o N.B. if foreign currenc
y, amount is immaterial. When must the coin be considered legal tender? o It mus
t be legal tender in the Philippines at the time of violation.
o Ex. Using a forged 1-centavo coin, when is was not out of circulation can stil
l be punished Can the first mode (making) be attempted or frustrated? o Yes. o Att
empted one failed to perform all acts of execution except when there is spontane
ous desistance o Frustrated if the imitation is so imperfect, although all acts
were committed. When is the second mode (importing) consummated? o When the boat e
nters port or the plane enters airspace, EVEN IF they are not unloaded or brough
t to customs. When is importation frustrated? o Importation may be frustrated, i
f before they cross territorial waters of Philippines, they are caught. What doe
s uttering mean? o To offer the false coin, knowing it to be false, whether accept
ed or not, representing that it is genuine, with intent to defraud o The offende
r must not be the maker (or else, he falls under mode one), but there must be co
nnivance How many crimes are committed if the offender makes 1,000 counterfeit 1
0 centavo coins, and a few US coins?
129
What are covered by this provision? o 1. Treasury notes o 2. Bank notes o 3. Doc
uments payable to bearer Three acts: o 1. Forging or falsifying treasury/bank no
tes/documents payable to bearer
N.B. Take note of modes to commit forgery of ban
k notes or treasury notes, etc. under Art. 169. o 2. Importing false or forged b
ank notes o 3. Uttering these in connivance with forgers or importers
Otherwise,
see Art. 168 How can forgery be committed (Art. 169)? o 1. Giving a treasury or
bank note or instrument payable to order or bearer the appearance of a true and
genuine document o 2. Erasing, substituting, or counterfeiting, or altering fig
ures, letters/words, or designs in said instrument When is there uttering under
this provision? o To utter is to offer the forged document, knowing it to be fal
se, whether accepted or not, with representation that it is genuine, with intent
to defraud
COUNTERFEITING,
What kind of alteration must be made? o 1. Alters the substance of that issuance
o 2. With deliberate intent (malice) May a private person be liable under Art 1
70? o Yes. The law does not distinguish.
BY EMPLOYEE, NOTARY,
FALSIFICATION
PUBLIC OFFICER, ECCLESIASTIC MINISTER (171)
o How about pleadings of parties and papers submitted to the court in the course
of official judicial proceedings?
Pleadings of parties and papers filed by them
which are involved in actions and submitted to the custody of the court are pub
lic documents
N.B. The roll of attorneys is also a public document. What is an o
fficial document? o Public officer takes part by virtue of official position, or
any document which has become part of the public records o Is a passport an off
icial document? Yes. RA 8239. o How about a private document that is falsified b
efore being submitted to the government, as required?
The falsification of a pri
vate document before submission may nevertheless be falsification of public or o
fficial document because it is destined to be such. o When one takes a civil ser
vice examination, are the exams official documents? The booklets or papers submi
tted to the CSC are official documents. o How about a personal data sheet submit
ted to the CSC for appointment to public position?
133
o HELD: Acquitted. She was acting in good faith. There was no damage to governme
nt; in fact, the government owed the janitor pa. Is the spuriousness of a docume
nt a defense against charge of falsification? o No. o X got a warrant of arrest,
falsified signature of the judge, and had his wife arrested. He claimed he was
not guilty of falsification because it was a spurious document in the first plac
e.
HELD: Convicted. There can be falsification even if it is a spurious document
. Cannot use own acts of falsification as a defense against prosecution. If a no
tary public notarizes a document without commission, is there falsification of p
ublic document or private document? o Falsification of public document. o So to
simplify:
1. The document remains private
2. But the crime is falsification of p
ublic document Can there be an attempt or frustration of falsification? o There
can be no attempted or frustrated falsification of public or official document U
NLESS the falsification is imperfect
135
show that people received some amounts, when they did not. o Guilty of two crime
s:
1. Malversation
2. Falsification under this paragraph X was paid by examinee
in CSC to take the exam on his behalf and pose as him. Is he guilty of falsifica
tion? o Yes. He made it appear that another person participated in the exam, whe
n he did not.
Persons in fact participated in proceedings, but accused make it seem that they
said/did some things they did not do (171 3)
X changed the answers of a Bar exami
nee, Y, then she corrected the answers. What is the crime? o X was guilty under
this provision. o Y was guilty as an accomplice, by knowing that X committed the
crime for him.
The duty to make truthful statements, what is it based on? o 1. Law o 2. Ordinan
ce, as long as it requires such making of truthful statement o 3. One issued by
a government agency o Ex. A government employee who falsely stated in ITR that h
e has 2 dependents, when just has one, so that he can pay less taxes: the govern
ment employee is guilty of falsification of official document. What is the requi
red intent? o There must be deliberate intent to make a false narration of facts
, so there is no culpa May this crime be committed by culpa? o No. Intent is ess
ential to the crime. What dates are contemplated by this provision? o Dates referr
ed to here are those that have legal efficacy; ex. Date when obligation is due,
date when persons were married.
Done with dolo or with deliberate intent Public officer or notaries-public. Sec.
19, Rule 132 of Rules of Evidence enumerates these documents.
Intercalating instrument or note (171 8)
Intercalated document must be false and
change the sense of the document or official book. One may be liable for estafa
through falsification of a public or official document, but not estafa through f
alsification of private document. There are as many crimes of falsification as t
he number of documents falsified o If there is only one document falsified, but
under multiple modes, there is only one crime of falsification o But in P v. Pom
ferada someone falsified the roll of attorneys, by inserting three persons there
; he committed three counts of falsification, even if made on the same roll of a
ttorneys
BY PRIVATE INDIVIDUALS AND USE OF
Number of crimes of falsification committed:
FALSIFICATION
FALSIFIED DOCUMENTS BY PRIVATE INDIVIDUALS (172)
Two modes under paragraph 1: o 1. Private individual falsifying a public, commer
cial, or official document
no need for damage or intent to damage
139
In a situation where the instruments imported could not be used for the intended
purpose, is it an impossible crime or a crime under Art. 176? o Still 176. As l
ong as there was intent to use and there was importation. Must one import a comp
lete set? o No. If the instruments brought into the country cannot be used on th
eir own, but can be used alongside other instruments, there is violation of the
law.
140
3. To cause damage o 2. Person who conceals his true name or other personal circ
umstances Elements under first paragraph? o 1. Publicly uses fictitious name o 2
. With any of the mentioned purposes o Is motive an essential element?
Yes. Here
, motive is essential element. If a person uses a fictitious name publicly, but
without these purposes, what crime is committed? o Same crime, but under Par. II
. What is meant by publicly? o Includes use in an official or public document What
is meant by damage? o Not equivalent in falsification of private document. o Dam
age here is not to a particular person but to public interest. Public interest is
something in which the public, community at large, has some pecuniary interest
by which some legal rights are affected. Use of fictitious name as a mode: o If
one uses a fictitious name to defraud another, what crime is committed?
Estafa.
Art. 315-2(A) o What if the fictitious name is used to commit robbery?
Then its just robbery. Under Art. 299(A)-4, robbery may be committed through use
of fictitious name to gain entry into the house of another.
Again, the use of fi
ctitious name here is a mode to commit robbery. o If one uses a fictitious name
in a narration of facts in a public or official document, what crime is committe
d? Falsification of public, commercial, or official document, because penalty fo
r use of fictitious name is already integrated in the former. (171/172) o What i
f a person uses a fictitious name to obstruct justice?
Violated PD 1829 (knowingl
y uses a fictitious name to delay apprehension of suspects) X a convict serving s
entence, and Y, in jail, substitutes for X, to allow X to escape. Y took his pla
ce and claimed to be the escapee by stating his name. What crime did the first p
erson commit? o Evasion of sentence, complexed with use of fictitious name The s
ecurity guard noticed that X was gone, but did not ask the name of Y. What crime
? o Justice Albert:
142
o There are as many crimes as the number of fictitious names used C.A. 142
What
is C.A. 142? o Anti-alias law What are the punishable acts? o Cannot use a name
different form that registered in the LCR or used in baptism o Or for aliens, wh
at was registered with the Bureau of Immigration What are the exceptions? o Lite
rary, cinema, TV, radio, entertainment purposes, and other athletic events where
use of a pseudonym is a normally accepted practice o How to secure an alias?
Ne
ed judicial approval for at most, one alias. Same proceedings as change of name.
What is punished here? o Public and improper use of insignia, uniforms, or dres
s pertaining to an office not held by such person or to a class of which he is n
ot a member What are the three types of false testimonies?
falsity itself (if the statement is egregiously false), or proof from other fact
s. o 3. False statement must be related to the subject of inquiry, which legitim
ately affects the defendant
Not necessary that witnesss testimony directly affect
s the decision. It just needs to affect a material fact. Does this provision inc
lude testimony on qualifying and aggravating circumstances?
Yes. o 4. There is a
judgment of conviction or acquittal Because penalty depends on the penalty impo
sed on the convict.
It does not matter whether the accused is convicted or acqui
tted. It the intention of the accused that suffices. When will Art. 180 not appl
y? Will not apply if accused in main case is convicted and is convicted for a pe
nalty less than correctional penalty, or a fine.
The liar may not be prosecuted
under 180, but can be prosecuted under perjury. Who is a witness? o Includes injur
ed party or any witness
o And even one of the accused, as long as he testified for the prosecution. If t
he accused gave false testimony in favor of himself, is he liable under 181 (fav
orable false testimony)? o No. o Unless, X was not just disclaiming guilt, but p
inning it upon another. (Hindi ko pinatay yan. Siya po ang pumatay!) What is the n
ature of false testimony as a crime? o It is a formal crime. The crime is commit
ted as soon as the false testimony is given. o Thus, retraction does not extingu
ish the crime already committed. o UNLESS it was spontaneously done in the same
testimony there is GF Relate to RA 6981 witness protection program: o Person in
WPP who testifies falsely loses immunity and can be liable for perjury o But NOT
art. 180-182 of the RPC HSA, sec. 47: o Any person knowingly furnishing false t
estimony in any proceeding involving terrorism is liable not under 180-182 but f
or the crime committed False testimony in a civil case (Art. 182): o Here, the o
ffender may be a party litigant, or a witness for a party Elements of 182:
145
Elements? o 1. Party offers the document in evidence o 2. He knows that the docu
ment is false Malicious procurement of search warrant and use of perjured docume
nt what crimes are committed? o 1. Malicious procurement of search warrant o 2.
Perjury o N.B. These are NOT complexed (see discussion in Title II)
MONOPOLIES, ETC (185-6) RA 9184
What is RA 9184? o Procurement Act of Government
What are the prohibited acts for public officers under this law? o 1. Opening s
ealed bid prior to time appointed for opening o 2. Delaying without just cause t
he screening for eligibility, opening of bids, evaluation, or postevaluation of
bids, and awarding beyond allowable period o 3. Unduly influencing or using undu
e pressure on the Bids and Awards Committee to accept a particular bid o 4. Spli
tting of contracts which exceed purchase limits and competitive bidding
OFFERING FALSE TESTIMONY IN EVIDENCE (184)
146
150
Amended by RA 9344, Sec. 58: o Persons below 18 are exempt from criminal liabili
ty from prosecution for vagrancy or prostitution o Or mendicancy under PD 1563 W
ho are vagrants? o 1. Person with no apparent means of subsistence, but has phys
ical ability to work, and who neglects to apply himself to some lawful calling o
2. Person loitering or wandering about with no visible means of support o 3. Id
le person who lodges in houses of ill repute; ruffians or pimps o 4. Loitering i
n inhabited or uninhabited place belonging to another without any lawful or just
ifiable reason o 5. Prostitutes RA 7610: Who are liable? o 1. Pimps o 2. Those o
ther persons that procure child prostitutes or encourage them o 3. Those who eng
age in sexual intercourse with children o 4. Those deriving profit or advantage
(e.g. owners of establishment) Further amended by RA 9208 anti-trafficking of pe
rsons act of 2003:
VAGRANTS AND PROSTITUTES (202)
151
Person who is not a relative of the child is found alone with the latter inside
a room, inn, vehicle, or secluded area under circumstances that would lead a rea
sonable person to believe the child is about to be exploited o 2. Those who comm
it sexual intercourse or lascivious conduct with child exploited in prostitution
When is the offender charged under the RPC instead?
When the child is under 12,
which is statutory rape When is there attempt to commit child prostitution unde
r this paragraph?
Receiving services from child in massage parlor, sauna, or hea
lth club, etc. o 3. Deriving profit or advantage from child prostitution What ar
e the punishable acts of child trafficking? o 1. Any person who engages in tradi
ng and dealing with children, as in buying and selling children for consideratio
n o 2. Qualified if victim is less than 12 When is there attempted child traffic
king?
o 1. Child travels alone to foreign country without valid reason, clearance from
parents or guardian, or DSWD o 2. Person or institution recruits women or coupl
es to bear children to be trafficked o 3. Doctor, midwife, nurse, or other hospi
tal employee simulates birth for purpose of child trafficking o 4. Person engage
s in act of finding children among low-income families, hospitals, clinics, etc.
for purpose of child trafficking VII: CRIMES COMMITTED BY PUBLIC OFFICERS WHO A
RE PUBLIC OFFICERS? (203)
What is the coverage of public officers under this Title
? o Definition in 203 is extensive and comprehensive. Embraces all public servan
ts, from highest to lowest. Removes distinction between officers and employees.
o Definition includes those occupying positions in government, highest to lowest
, permanent or temporary. o Includes those with positions in GOCCs, including GS
IS, Postal Service.
153
2. There is an administrative charge against the judge for promulgating the unju
st order
MANIFESTLY
UNJUST JUDGMENT THROUGH INEXCUSABLE
NEGLIGENCE (205)
What is the nature of this felony? o This is malum in se. o Although the crime m
ay be committed by tolerance, however, the law expressly requires that the publi
c officer/employee MALICIOUSLY refrains from instituting or prosecuting violatio
ns of the law. What is the condition sine qua non before a public officer/employ
ee can be charged with prevaricacion? o The offender whom the public officer ref
used to charge/prosecute must FIRST be prosecuted and convicted for that crime w
hose prosecution was omitted by the public officer o This is a condition sine qu
a non to prevaricacion What crimes does prevaricacion touch upon? o Refers to bo
th RPC and SPL crimes What about public officers and employees not tasked with i
nstituting criminal actions or prosecuting them? o 1. They can be liable under P
D 1829 obstruction of justice o 2. May also be held as accessories under Art. 19
of RPC Are they liable for any other crime? o Violation of Anti-Graft and Corru
pt Practices law, in addition to liability under Art. 208.
o Because the gravamen of the crime is the offer or promise and the acceptance,
the crime is consummated upon acceptance of the offer/promise. o It does not mat
ter whether the offered thing is actually given to the officer as long as there
is offer and acceptance, there is consummation Does physical receipt per se amou
nt to consummation? o No. o Pelegrino v. P: The offered money was left on the ta
ble. The public officer gets the envelope and says ano to? HELD: Mere physical rec
eipt without any other act or sign showing acceptance cannot lead the court to c
onclude that bribery has been committed. There must be physical act indicating a
cceptance. What constitutes gift or present? Can it be services? o Yes. The gift o
r present may be in the form of services to be rendered by the bribe giver. A pr
omise to do an act that would have pecuniary gain to the PO is a present. o It i
s enough if a reward or personal advantage would accrue to the PO from the perfo
rmance of an act by the bribe giver, and he values it highly Can there be attemp
ted or frustrated bribery?
157
o NO. Read on as to why even if the court keeps on deciding there is attempted br
ibery, there is actually none. To be safe, however, follow the SC decisions for t
he Bar. o De Los Angeles v. P lawyer promised and actually delivered to NBI mone
y to spare his client from investigation for smuggling of aliens. NBI agent acce
pted the money, but the agent gave it to his superior to use as evidence against
the smuggler. What crime was committed?
Attempted bribery. o US v. Te Tong Appe
llant offered money to Chief of Police for the latter to release certain merchan
dise seized from appellant in gambling. The police accepted it, but to use it as
evidence against appellant. What crime? Attempted bribery as well. o P v. Ng Pe
k Appellant offered money to the police to dissuade them from arresting him and
charging him for violation of ordinance. Policemen refused to accept the money.
What crime?
Attempted bribery. o N.B.: the one guilty of bribery is the public o
fficer, but why is it that in these three cases, there was attempted bribery?
It
must have been attempted CORRUPTION OF PUBLIC OFFICER.
158
Must the gift be offered or can it be solicited? o The present or gift may be so
licited by the public officer or employee. If does not distinguish whether offer
ed by the bribe giver or solicited by the officer Must the act be done? o No. It
does not matter. o In fact, if the criminal act was actually done by the PO, he
is guilty of two crimes: direct bribery + that crime. (Article 48 does not appl
y.) o May he be charged simultaneously for these two crimes?
Yes. o Supposing he
received the bribe to commit a criminal act, but the officer did not commit the
criminal act? He is liable for bribery under the first mode. It does not matter
if he actually commits the crime or not. When are there multiple counts of brib
ery? o There are as many crimes of direct bribery as the number of times a bribe
is offered and received/accepted. o Ex. LTO inspector every time he checked and
he was offered money and he accepted it to do a criminal act Mariposque case (m
ode 2) A robbery was committed, and X, a police officer, told the victim: I
will recover your property, but you have to give me PHP 5,800. Private complainan
t agreed. X recovered it. He did not deliver it. o The recovery of the property
was not a crime. But there was an obligation to return the property. It was his
duty to do so. His refusal to do so is not a crime, but it is unjust. So it fall
s under Mode 2. May a private individual be liable for bribery? o Asejas was a p
racticing lawyer. His Japanese client came to the Philippines. He told his clien
t there is a complaint against you. Immigration agents told client: Give P25K so we
wont investigate you. Lawyer connived with the public officers and encouraged his
client to give money. He did. o HELD: Private person (lawyer) was liable for br
ibery for acting in conspiracy with the public officers. o N.B. The Japanese cli
ent gave money because he was afraid to be charged for any irregularity in the V
ISA/ violation of DDA. Shouldnt they have been charged for robbery/extortion?
Bri
bery must be given voluntarily.
That is the difference between bribery (voluntar
y giving) and robbery/extortion (involuntarily, through threat) When can a judge
be an accomplice?
159
o Judge was an accomplice when he allowed his chambers to be used for the briber
y transaction between the police and the suspected criminal for illegal possessi
on When is a judge the PDP in this transaction? o Judge was PDP when he acted as
the broker in bribery What is indirect bribery? o Public officer accepting gift
s given by reason of his office Distinguish from direct bribery: o Indirect no s
uch agreement to perform or not perform an act. PO is not required to do anythin
g in particular. Enough that he received the gift/present by reason of his offic
e N.B. Relate with Art. 208 (prevaricacion) When does this happen? o Public offi
cer is entrusted with law enforcement and he refrains from arresting or prosecut
ing an offender who has committed crime punishable by RP and in consideration of
offer, promise, gift, etc. To what crimes does this apply? o Crimes punishable
by RP Must it be RPC or can it be SPL?
INDIRECT BRIBERY (211)
o RPC crimes and SPLs using RPC nomenclature (since the felony uses RP) What is th
e condition sine qua non? o The officer must first be convicted for prevaricacio
n, prior to conviction for qualified bribery. What is this crime? o The act of o
ffering or giving to the public officer gifts, presents, etc. It must be by reas
on of his public office. o N.B. the public officer is liable for bribery Can the
re be attempted corruption of public officers under Art. 212? o Yes, when the of
ficer refused to be corrupted. But there is no frustration of this crime because
once the public officer concurs, then the crime is consummated.
officers even if such funds belong to public individuals o 3. Funds and properti
es of public corporations or special instrumentalities such as the PCSO as well
as the PNRC are public funds/properties
Amounts loaned to private individuals by
GOCCs are private loans and are therefore not public property or funds What is
the purpose of Art. 217? o The SC ruled that the law is designed to protect the
government and penalize erring public officers conspiring with private individua
ls resulting to loss of public funds and property due to corruption or neglect o
f duty What is to appropriate? o To use public funds or property for himself or co
nvert the same for his personal advantage o Includes any attempt to dispose of p
ublic funds or property without any legal right What is taking? o Concept of takin
g in malversation is the same concept as taking in theft or robbery o Once a pub
lic officer has possession of public property, however brief as may be, and disp
oses of the same, he is liable for Malversation Who is an accountable officer?
Auditing Code, he was obliged to account for the cash advance. Fact of lack of b
enefit does not exempt him from liability. X and Y are both public officers. X i
s accountable, Y is not. They use public funds to drink beer. o HELD: X is liabl
e for malversation. Y is not; he is liable for theft. Can a sheriff be liable fo
r malversation? o Yes, because those taken under official duties are in custodia
legis
Ex. Received money from execution sale and misappropriates it o What are
the fiduciary funds of the courts?
Ex. Bail bonds
Ex. Funds from extrajudicial f
oreclosure, even if destined for a private person, since it is momentarily entru
sted to the one conducting public auction o Money and property is under custodia
legis if taken through official judicial processes. What is the rule under RA 9
165, DDL? o Any public officer or employee who is accountable for seized/surrend
ered dangerous drugs is liable under the law: life imprisonment to death o Can m
isappropriation of seized drugs be covered by Art. 217?
Not anymore. It should b
e prosecuted under R.A. 9165 alone.
not grossly, it is just ground for administrative sanction. What are the element
s of evasion through negligence? o 1. Offender is public officer o 2. He is char
ged with conveyance or custody of prisoner (whether detention or final judgment)
o 3. Prisoner escapes due to officers negligence Does evasion through negligence
require connivance or consent of the officer? o No. This is evasion through dol
o. Can private persons be liable under this provision? o Yes, for both forms, bu
t the penalty is lower. The private person must be entrusted with custody of the
prisoner. What are the elements of infidelity in custody of documents? o 1. Off
ender is public officer o 2. Document is abstracted, destroyed, or concealed o 3
. The document was entrusted to the officer by reason of his office o 4. Damage
or prejudice to the public interest or a third person What are the modes of comm
itting this offense?
INFIDELITY IN THE CUSTODY OF DOCUMENTS (226-8) Infidelity of public officers INF
IDELITY IN THE CUSTODY OF PRISONERS (223-5)
How is infidelity in the custody of
prisoners committed? o By dolo or culpa. Dolo with connivance or consent
Culpa w
ith negligence o What kind of negligence is required here? One that approximates
malice or deliberateness. If one was negligent but
164
What does RA 3019 cover? o 1. Covers elected and appointed officials and employe
es, permanent or temporary, whether classified, unclassified, or exempt service
receiving compensation, even nominal, from government o 2. Also covers the priva
te individuals involved in paragraphs B, C, D, and K (one who urges release of c
onfidential information for K) What are the punishable acts? o a. Persuading, in
fluencing, or inducing a public officer to commit a violation or offense o b. Re
questing or receiving any benefit for himself or another in a transaction with G
overnment where the public officer has to intervene o c. Requesting or receiving
any benefit from another for whom the public officer will secure or has secured
a government permit or license o d. Accepting or having a family member accept
employment in private enterprise with pending official business with him
During
pendency and up until 1 year after termination o e. Causing undue injury to a pa
rty/government or granting unwarranted benefits to a party through evident BF or
manifest gross inexcusable negligence
o f. Neglecting or refusing to act upon official duty with just cause to obtain
some benefit or to discriminate against/favor a party o g. Entering in manifestl
y and grossly disadvantageous contract on behalf of Government o h. Having pecun
iary interest in any transaction with Government upon whom he intervenes o i. Ha
ving material interest in any transaction or act requiring discretionary approva
l by a board which he is part of, even if he votes in the negative o j. Knowingl
y granting a benefit in favor of an unqualified person or to a mere dummy of the
latter o k. Divulging confidential information What are the exceptions? o Unsol
icited gifts of small or insignificant value offered or given as mere ordinary t
oken of gratitude/friendship What is the definition of ill gotten wealth? o Any as
set, property, enterprise, or material possession of any person acquired by him
directly or indirectly through dummies, nominees, agents, subordinates, associat
es by any combination or series of the following means:
R.A. 7080 ANTI-PLUNDER ACT
167
o Or under same circumstance, parents with respect to minor daughters living wit
h them, vis--vis seducers What must be the nature of intercourse? o Sexual interc
ourse must be consensual o Even if not consensual, Article 247 can still apply i
f husband acted due to mistake of fact. Does Article 247 cover sexual assault? o
No, it only mentions actual intercourse. RA 8353 did not amend Article 247. Wha
t if the killing happens an hour later? o It is fine, if the killing was still p
roximate and it must be the by-product of the spouses rage What if the spouses we
re living separately? o It is not a required element so Article 247 can still ap
ply. o But for minor daughters, she must live with her parents. What is the puni
shment? o Destierro, if there is death. o None, if only physical injuries o Must
the court take into consideration mitigating and aggravating circumstances?
No,
because destierro is not a punishment per se Who cannot benefit? o One who pros
titutes his spouse or daughter Is there civil liability for the killing of the p
aramour/spouse?
170
o No, because Art. 247 is an absolutory cause a crime is committed but there is
no criminal liability H caught his W in the act and told her to leave. W went in
side the bedroom to take her jewelries. H said W should just leave and not take
the jewelry. W tried to stab H, H stabbed W. Does Art 247 apply? o No; NOT Art.
247 because he was protecting himself. This was self-defense (Article 11). Can a
relative invoke Article 247? o No. But he can invoke Article 11, defense of hon
or but the act must be reasonable. What if in the course of firing upon his spou
se and the paramour, the offended spouse accidentally injures a third party caug
ht in the crossfire. What is the crime? o Article 365 applies: SPI/LSPI through
simple imprudence o It cannot be attempted homicide because there is no intent t
o kill and moreover, the accused was not committing a crime in killing his spous
e and the paramour
MURDER (248)
When is homicide qualified to murder? o 1. Treachery, superior stre
ngth, aid of armed men, employing means to weaken the defense
HOMICIDE (249)
o Killing of any person which does not constitute parricide, murder, or infantic
ide, and without justifying circumstance What is the rule on intent to kill? o W
hen consummated, it is presumed and hence need not established o When the victim
did not die, intent to kill becomes a specific criminal intent which must be es
tablished BRD
Otherwise, just physical injuries o When death supervenes, intent
to kill is presumed from voluntary commission of an unlawful act Is there frustr
ated homicide through reckless imprudence? o No. Homicide means there is intent.
Fall back on the concept that if there is no death, no homicide is presumed. Wh
at is the special aggravating circumstance for those who commit murder, homicide
, SPI, or intentional mutilation and the victim is under 12, under RA 7610? o Th
e punishment is RP regardless When does VAWC apply, and when does homicide/murde
r apply? o If there is intent to kill, its attempted or frustrated murder/homicid
e. Of course, if the victim dies, murder/homicide.
171
o For acts of violence without intent to kill, VAWC applies. Under RA 8294, when
does illegal possession of firearms become aggravating? o For murder and homici
de.
Nepomuceno: included parricide in this provision, because it also involves t
aking of life o Whereas for rebellion/insurrection, sedition, attempted coup, its
just absorbed as an element of the crime. o N.B. Simple illegal possession of f
irearms can only be committed if no other crime is committed with such firearm.
If there is some other crime committed, the illegal possession is absolved (ex.
alarms and scandal, attempted homicide, etc.) o What is an unlicensed firearm?
1
. One without a license
2. One with expired license
3. Unauthorized use of licen
sed firearm in the commission of a crime o What about the use of unlawfully manu
factured, acquired, or possessed explosives? If used to commit ANY of the crimes
in the RPC and it results to injury or death of any person, it is an aggravatin
g circumstance
172
What is the nature of Articles 251-2? o Does not define a crime. It only provide
s penalty. o What is contemplated here are deaths in a tumultuous affray where t
he actual killer (or inflictor of SPI) is not known. If the person is identifiab
le, then these articles do not apply. Elements of 251: o 1. Several persons mean
s more than 2 in each group o 2. They are not groups that are organized for the
purpose of attacking another
Otherwise, conspiracy will apply o 3. Persons attac
k one another is a tumultuous manner o 4. Cannot determine who killed the deceas
ed o 5. Person who inflicted physical injuries on the deceased can be identified
o Who is the victim in 251?
o A person has decided to commit suicide and requested another to assist in his
suicide. o If the initiative did not come from the deceased, obviously, its homic
ide or murder. If X jumps to kill himself, lands on another, and kills that othe
r person, what is the crime? o S can be liable for the death of the other person
o Others believe not liable
DISCHARGE OF FIREARMS (254)
Elements: o 1. Offender discharges a firearm against
or towards another o 2. With no intention to kill or injure but only to scare W
hat if there is intent to kill? o Then it is murder or homicide in attempted or
frustrated stage What if there is no intent to kill but the person was hit? o Ph
ysical injuries (S, LS, or slight) What if he fires in the air? o Its Tumults/ser
ious disturbances (153) or Alarms and scandals (155) What if the firearm is unli
censed?
173
174
When are there LSPI? o When the incapacity of the offended party is 10-30 days,
or he requires medical attendance for the same period What are the qualifying ci
rcumstances for LSPI? o 1. Ignominy or to insult or offend the victim (additiona
l fine) o 2. Victim is offenders parent, ascendant, guardian, curator, teacher, o
r persons of rank or PIA (next higher degree of penalty) o But isnt harming a PIA
direct assault?
Yes. So this provision only applies if the PIA is not performin
g acts in the course of his duties
Or if the offender didnt know the victim was a
PIA When is there slight PI (from highest degree to lowest)? o 1. Incapacity of
offended party is 1-9 days o 2. Physical injuries do not prevent the victim fro
m engaging in habitual work and did not require medical attendance o 3. Maltreat
ment by deed X slapped Y. Y did not sustain physical injury or need medical atte
ndance. What is the crime? o Slight PI o What if the purpose is to humiliate Y?
178
Slander by deed What if the injury was not serious at the onset but later on bec
omes serious? o The crime committed can change on the ultimate injury caused o E
x. frustrated can become consummated o Ex. SPI can become homicide
RAPE (266-A AND 266-B)
What is the nature of rape since RA 8353? o It is a crime
against persons o Thus, it may be filed by the public prosecutor. Consent of th
e offended party is no longer needed to file. May husbands be liable for rape/se
xual assault on their lawful wives? o Yes. While he has the right to use persuas
ion, he cannot use force, violence, or intimidation. o Wife has the right to ref
use, for instance, if they are legally separated or the husband has AIDS. What a
re the two classifications under RA 8353? o 1. Rape o 2. Sexual assault o What i
f an offender inserts his organ and then his finger in a womans vagina?
One count
of rape, and one count of sexual assault
Who may be the offender and offended in rape and sexual assault? o Rape is alway
s a man against a woman
What is the exception? A woman may be guilty of rape as
an accomplice or principal by indispensable cooperation o Sexual assault may be
committed by or against men or women Is there frustrated rape or sexual assault?
o No. It is always in the attempted or consummated stage. o It is enough that a
part of the object or organ passes through the genitals, anal orifice, or mouth
to consummate the crime. What is the instrument covered by sexual assault? o It c
an be a body part or other things What are the means by which rape is committed?
o 1. Force, threat, intimidation
What is the nature of force? Can be actual or co
nstructive What is important is that the offender was able to achieve his purpos
e What is the nature of fear?
It includes fear of harm or death
What is the nature
of intimidation?
It must be viewed in the eyes of the victim And sufficient enough to cause fear
on the part of the victim A father raped his daughter, but claimed the latter di
d not resist. Is it still rape?
Yes. Moral ascendancy and parental authority sub
stitute for violence. The same rule applies for uncles, common law husband of mo
ther, etc. X injected a drug into Ys body and forced sexual intercourse upon her.
What is the crime?
Still rape. The drug took away her ability to resist. o 2. O
ffended party is deprived of reason or unconscious Deprived of reason:
Intellect
ually weak to the extent that she is not capable of giving consent to intercours
e What is the extent of deprivation of reason?
Need not be complete o 3. Fraudul
ent machination or grave abuse of authority
179
181
Which MC does RA 8049 not allow? o Praeter intentionem What are the qualifying c
ircumstances? o 1. Recruitment accompanied by force, violence, threat, intimidat
ion, or deceit on the recruit o 2. Recruit consented to join but wanted to quit
upon learning about hazing, but was not allowed to quit o 3. Recruit was prevent
ed from reporting to parents or authorities through force, violence, threat, int
imidation o 4. Hazing committed outside school or institution o 5. Victim is bel
ow 12 years old What are the prohibited acts by competent authorities? o 1. Bran
ding or labeling the child as young criminal, juvenile delinquent, prostitute, o
r attach other derogatory names o 2. Making discriminatory remarks as to childs c
lass or ethnic origin o 3. Employment of threats of whatever kind or nature o 4.
Using abusive, coercive, and punitive measures (cursing, beating, stripping, et
c.) o 5. Using CIDT
R.A. 9344 JUVENILE JUSTICE AND WELFARE ACT
Can there be kidnapping even if the victim initially agreed to go with the offen
der?
Yes. If at the onset, the victim agreed to go with the offender, but is the
reafter prevented with use of force from leaving the place, and there was depriv
ation of liberty, there is kidnapping. o 4. At least one of the circumstances in
Art. 267 applies When does it become Kidnapping and Serious Illegal Detention u
nder Article 267? o 1. Detention lasted more than 3 days o 2. Offenders simulate
d public authority o 3. Physical injuries were inflicted on the victim o 4. Thre
ats to kill the victim were made o 5. Victim is a female, public officer, or min
or (except when accused is one of the parents) o Is length of time relevant?
Onl
y for the first paragraph (more than 3 days). Duration or length of time is irre
levant if any of the circumstance in par. 2 to the last paragraph of Art. 267. o
If the private individual pretended to be a policeman, is it a police crime of
kidnapping with usurpation of public authority?
No. The usurpation of public aut
hority is a mode of committing kidnapping (par. 2) so it is not a distinct offen
se. What are the qualifying circumstances?
o 1. Ransom is demanded
Must ransom be paid? No, mere demand for ransom is enoug
h. What can ransom encompass?
Not just money but anything of value or beneficial
o 2. Victim is killed or dies as a consequence o 3. Victim is raped o 4. Victim
is subjected to torture or dehumanizing acts Distinguish kidnapping from grave
coercion: o In grave coercion, a person is also prevented from leaving or going
to another place, but there is no actual confinement or lockup of the victim. o
P v. Astorga: accused and victim where strolling in school grounds where accused
led victim to another town. The child wanted to leave but accused did not let h
er, parents saw them, not kidnapping but grave coercion Is there a complex crime
of kidnapping with SPI? o No. Infliction of SPI is a mode of kidnapping (par. 3
). What if the victim in kidnapping is tortured? o Under RA 9745, if the victim
in crimes against persons or crimes against liberty is tortured, then the penalt
y imposed is the maximum. What if the victim is killed? o Special complex crime
of kidnapping with homicide or o Special complex crime of kidnapping with murder
185
N.B. unlike robbery (which is always just attended by homicide), there can be sp
ecial complex crime of kidnapping with murder When do such special complex crime
s arise? o When there is a logical connection or intimate relation between the k
idnapping and the rape or homicide. o This applies even if the rape or killing i
s merely an afterthought. o What if the person dies in crossfire due to police o
fficers firing?
There is still kidnapping with homicide because its only required
that there is a logical connection with the kidnapping or that arises from it o W
hat about torture? Apply RA 9745 instead.
Dehumanizing acts this has been amended
by RA 9745, which considers torture as distinct from dehumanizing acts What if t
wo persons were killed by reason or on occasion of the kidnapping? o There are a
s many crimes as the number of persons kidnapped. o So in this example, there ar
e two counts of the special complex crime of kidnapping with homicide. What if a
component crime of the special complex crime was merely attempted or frustrated
?
o There is no special complex crime. The special complex crime only arises when
all component crimes are consummated. o If victim subjected to attempted or frus
trated homicide/murder, this is separate from the crime of kidnapping, do not us
e Art. 48 X and Y kidnapped Z, took his car, and demanded ransom. When they fail
ed to get ransom, they killed Z. What are the crimes? o 1) Kidnapping with homic
ide for ransom. 2) Carnapping
There is a special complex crime. o The SC, howeve
r, said that the crime is kidnapping for ransom and carnapping, with the homicid
e as aggravating circumstance. The odd thing is there is no law allowing for the
homicide to be an aggravating circumstance. (P v. Muit) When is it simple murde
r, and when is it kidnapping with homicide? o Primary purpose of the offender is
material in determining the crime. If the primary purpose is to kill, its murder
. If the primary purpose is deprivation of liberty and the victim is killed, kid
napping with homicide. What about rape vis--vis kidnapping with rape? o If the or
iginal purpose is rape, and the deprivation of liberty is to fulfill this purpos
e, then rape. For kidnapping with rape, the rape must just happen on occasion of
the kidnapping. Under PD 532 (highway robbery), what if kidnapping is committed
too?
186
The one who furnishes the place is liable as an accomplice. What is the special
mitigating circumstance? o If the offender voluntarily releases the within 3 day
s from commencement of the detention:
1. Without having attained the purpose int
ended 2. Without institution of criminal proceedings yet o N.B. It is NOT an exe
mpting circumstance, it just reduces the penalty o Does this special circumstanc
e apply to Kidnapping/SID under Article 267? No. Just 268. What is one day? o 24
hours from deprivation Is the escape or rescue of the victim an exempting circu
mstance? o No
o 2. Public officers (as long as the purpose is to bring the person to proper au
thorities to file charges) Compare to arbitrary detention (Art. 124): o In arbit
rary detention, the public officer had no intention to bring the offended to the
proper authorities but merely to detain the victim What if the officer plants e
vidence against the victim in order to arrest him? o It is arbitrary detention t
hrough incriminating machinations under Article 363.
KIDNAPPING AND FAILURE TO RETURN A MINOR (270)
Elements: o 1. Person is entruste
d with the custody of a minor person o 2. He/she deliberately fails to restore t
he latter to his parents or guardians Does this amend Article 267? o No. The int
ent in the two crimes are different. What is the essential element here? o The d
eliberate failure or refusal to restore minor to parent or guardian as the contr
olling intent o What must be the nature of this intent?
Premeditated, intentiona
l, malicious Can this crime be committed by any of the parents? o Yes. In fact,
this reduces the crime (special circumstance in Article 271 but applicable here)
187
What if the child is over 7? Then the liability is under RA 7610. DWELLING (280)
AND
TRESPASS
TO
OTHER
FORMS OF
TRESPASS (281)
What are the two types of trespass to dwelling under 280? o 1. Entering the dwel
ling of another against the latters will o 2. Entering the dwelling of another ag
ainst the latters will through means of violence or intimidation What are the ele
ments of other forms of trespass under 281? o 1. Person enters the closed premises
or fenced estate of another o 2. It is uninhabited o 3. The prohibition to ente
r is manifest o 4. There is no permission secured from the owner or caretaker Wh
at if person enters the dwelling of another to commit a crime and commits such c
rime? o Dwelling is an aggravating circumstance and loses juridical personality
as a separate crime When will there be two crimes? o If the accused enters the h
ouse not to commit a crime, but once he enters, he commits a crime. o Two crimes
: trespass to dwelling and the other crime committed. Must refusal of consent be
express? o No. It may be implied.
188
What is a grave threat? o Those made with deliberate purpose of creating in the
mind of the victim a belief that the threat will be carried out o What is the na
ture of the threat?
Infliction upon the person, honor, or property of a person o
r his family of any wrong amounting to a crime o Must there be a demand for mone
y or any other condition?
There may or there may not be What is a light threat?
o Threat to commit a wrong not constituting a crime, with a condition imposed Wh
at are other light threats? o 1. Threaten another with a weapon or draw the weap
on in a quarrel, unless in lawful selfdefense o 2. In the heat of anger, orally
threaten another with some harm not constituting a crime, and it shows that he d
id not persist in the idea (N.B. the code says not constituting but that wouldnt ma
ke sense, because par. 3 covers that. So its supposed to constituting a crime) o 3.
Any person who orally threatens to do any harm not constituting a felony Light
threat a Threatens wrong Other threat a Threatens wrong light a
Grave threat Threatens crime
GRAVE THREATS (282), LIGHT THREATS (283), LIGHT THREATS (285)
OTHER
189
May or may not Must have have a condition condition
a Does not have a condition
190
191
o Human conduct while not leading to physical harm or without use of force or in
timidation, leads to annoyance, irritation, disturbance to victim (nangungupal) o
What if there is a crime against property?
There is malicious mischief, not unju
st vexation. Unjust vexation requires crime against personal security. How can t
his crime be committed? o Crime of dolo only Distinguish unjust vexation and att
empted rape: o Determine if the act was done in pursuit of rape or merely to dis
tress/annoy. o Ex. in Baleros v. P, X covered Ms face with a piece of cloth soake
d in chemical. There was no proof however that it was in pursuit of rape. He was
charged with attempted rape, but was only convicted for unjust vexation. o What
is the determining factor?
The persons intent What are the punished acts? o 1. P
rivate individual, to discover the secrets of another, seizes his papers or lett
ers and reveals the contents (290) Lower penalty if there is no revelation
NOT a
pplicable to parents, guardians, persons entrusted with custody of
192
minors with respect to the papers or letters of the children o 2. Manager or emp
loyee learns secrets of principal and reveals them (291) o 3. Person who reveals
trade secrets to the prejudice of the owner (292) Includes information not pate
nted but known only to a few individuals R.A. 4200 ANTI-WIRETAPPING ACT
What kin
d of communication is covered by RA 4200? o Only private communication is expres
sly prohibited to be recorded secretly by any person including one party to that
conversation o So public conversations or statements are not covered When is re
cording allowed? o When there is consent by all those involved in the conversati
on Does the law cover tape recorders or phone extensions? o Tape recorders are i
ncluded, phone extension lines are not What are the punishable acts? o 1. Recrui
t, provide, or receive persons for the purpose of prostitution, porn, sexual
take it. But here, there was gain because there was enjoyment, utility, satisfac
tion, and pleasure.
Even mere use of property taken is already gain under the law.
Gain rebutted by evidence that he took property because he claims to be the owner
of the property. The person is exempt from theft or robbery, even if it turned
out not to be his. If the claim is made in BF, then it is theft or robbery. o At
best, it is just coercion. o 4. Violation or intimidation against persons OR fo
rce upon things
When is it robbery or theft? The crime is robbery, not theft, if
there are acts of violence, or intimidation before asportation, to enable the p
erson to take the property.
If violence or intimidation was done after possessio
n was taken, he is only liable for theft, grave coercion, or physical injuries a
s the case may be.
195
o Exception: Robbery with homicide, and robbery with rape (in the occasion of)
Is
snatching theft or robbery?
Depends. If the victim is not subject to violation o
r intimidation, it is just theft. If the owner is wounded through violence or th
ere is intimidation, it is robbery.
What is Intimidation?
Unlawful coercion, dures
s, putting owner/possessor in fear Attempt to take property of another with thre
ats of bodily harm No requirement of material violence it is NOT indispensable f
or there to be intimidation Is it possible that one is guilty BRD of theft/robbe
ry even if the thing stolen is not offered in evidence? o Yes, because the perso
n may have destroyed the property, thrown it away, etc. o As long as the corpus
delicti is proved, the unlawful taking of personal property, there can be proof
BRD. What is the presumption of robbery/theft?
N.B. The first four are special complex crimes; the fifth is not. Art. 48 will n
ot apply for crimes here in Art. 294 What is the rule in order? o The above orde
r must be observed. Thus if there is both homicide and rape, the crime is robber
y with homicide. There is no Robbery with homicide and rape. o Is the extra rape agg
ravating?
The rape is NOT aggravating because its not under Art. 14. What if the
physical injuries are merely LSPI or slight PI? o Its just simple robbery under p
ar. 5. Can there be robbery with homicide through reckless imprudence? o No. Whe
n will the special complex crimes arise? o The other crime must be consummated.
May Art. 48 apply if the constituent elements are not consummated? o Yes. If one
crime is done to commit another, or a single act resulting into two or more gra
ve or less grave offenses, and one constituent crime is not consummated. o Other
wise, if both consummated, then its a special complex crime. What does homicide cov
er?
o Homicide is used in its generic term. There is no robbery with infanticide, parr
icide, murder, etc. There is no robbery with multiple counts of homicide. o DO N
OT use the 2nd or 3rd killing as aggravating. Its just robbery or homicide. o Is
there robbery with homicide and frustrated homicide?
No. The frustrated homicide
is absorbed by the robbery with homicide. What do you mean by reason of the crim
e of robbery? o The homicide/other constituent crime was not committed in the cou
rse of robbery, or shortly thereafter, but there is a LEGAL connection, intimate
relation in the commission of robbery Ex. Killing the victim to prevent the per
son from reporting to the authorities
Ex. Killed noisy neighbor who shouted magna
nakaw! o It doesnt matter if it happens before, during, or after o P v. Mangulabna
n Person was robbing a house. He heard rumbling noises in the attic and shot a g
un at the ceiling, and even without intent to kill, he accidentally killed a hid
ing person. HELD: Robbery with homicide. (Not robbery with homicide through reck
less
o Yes. As long as there is intent to rob, even if there are other motives, it is
robbery with homicide. P v. De Jesus: A group of robbers were robbing in Makati
. One of the robbers was shot. There was a chase all the way to Laguna, where a
shoot out happened. Another robber got shot by the police. o HELD: Robbery with
homicide. EVEN IF the shoot out happened in some other place, it was intimately
connected to the robbery. Also, it does not matter that it was a robber that got
killed. If a homicide is committed by one robber, ALL of them are liable for ro
bbery with homicide. (One merges his will into the common intent.) o EXCEPT: when
one of the robbers overtly attempts to prevent the homicide. He is just liable f
or robbery, even if he is unsuccessful. o What is the liability of the look-out?
Even a look-out is a PDP, because the conspirators are given specific tasks to
further the crime. Is there a special complex crime of theft with homicide? o No
. Robbery with homicide does it absorb physical injuries? o Yes. Again, follow t
he order provided.
May there be a crime of robbery with force upon things with robbery with rape or
robbery with homicide? o No. Robbery with force upon things cannot be complexed
with robbery with rape (or homicide). When is there robbery with rape? o When t
he robbery is accompanied by rape, AS LONG AS THE ORIGINAL intent is to rob. o T
his applies even if the rape was committed even before asportation. The intentio
n to rob must precede the rape, even if the actual robbery comes after. o Thus,
if the accused raped the victim and just he took the jewelry as a memento, there
are two crimes of robbery and rape the original intention in this case is not t
o rob. What if there are multiple rapes? o Even if there are multiple rapes, it
is just robbery with rape. o What if each of the accused raped the victim?
Even
if each of the accused raped the victim, there is only one crime of robbery with
rape. o Accused robbed the victim, raped her twice, and then he inserted his fi
nger in the vagina of the woman. What was the crime?
198
HELD: Robbery with rape. The second rape and insertion of the finger are absorbe
d. Even the insertion of a finger was absorbed! o Three robbers took victim of r
obbery in a taxi and went to Quiapo. One robber made the other two go down, and
then he took the woman to a motel. What was the crime?
HELD: All of them were gu
ilty of robbery. The other one is also liable for rape, separately. If the place
of the rape is far from the situs of the robbery, there are TWO crimes, but not
robbery with rape. When is there Robbery with arson? o Arson must be contempora
neous to robbery. o When is there robbery with arson?
There must be violence and
intimidation upon persons first and thereafter, the premises are burned and the
re is NO killing, rape, or mutilation. Why not force upon things?
This will give
rise to two crimes: robbery and arson. This is because the arson is deemed a co
ver-up of the robbery. It is not complex because neither is a means to commit th
e other
(because both are Crimes against Property). When is dwelling aggravating and whe
n is it absorbed? o It is aggravating in robbery with homicide o Inherent in rob
bery with force upon things and the place broken into is the dwelling X raped Y,
killed her, and robbed the place. Crime? o 1) Rape with homicide and 2) robbery
X raped Y, killed her, and took things from her person. Crime? o 1) Rape with h
omicide and 2) theft X robbed Y, raped her, and then killed her. Crime? o Robber
y with homicide X raped Y, robbed her, and then killed her. Crime? o Robbery wit
h homicide
WITH
ROBBERY
PHYSICAL INJURIES
THAT ARE COMMITTED IN
AN UNINHABITED PLACE AND BY A BAND, OR WITH THE USE OF
FIREARM ON A STREET, ROAD, OR ALLEY (295-6)
What are the special aggravating cir
cumstances here? o 1. In an uninhabited place o 2. By a band o 3. Attacking a mo
ving train, car, airship, or entering passenger compartments in a train
199
To what kinds of robbery does this provision apply to? o Robbery with Physical I
njuries What is the nature of band here? o Band here is in the nature of a SPECIAL a
ggravating circumstance and cannot be offset by a generic MC. o Contrast: BUT fo
r robbery with homicide/rape/intentional mutilation/arson band is ONLY just a ge
neric aggravating circumstance
Reason: 295-6 only apply to Robbery with Physical
injuries. Art. 296 provides that if any of the firearms used is unlicensed, the
penalty is the maximum period. Was this amended by RA 8294? o Yes. Art. 296 has
been amended by RA 8294. Here, the unlicensed firearm will not increase the pen
alty to its maximum period anymore. o Art. 296 Firearm here can be licensed or unl
icensed. o Arms can includes bolos and clubs. If one is a member of a band, may
he be not liable for crime of robbery, if he tries to prevent it? o Yes. Even if
he is a member of a band, if he prevents the robbery or tries to, he is not lia
ble. PD 532 Highway robbery or brigandage
o There must be evidence of indiscriminate commission of the crime of robbery fo
r PD 532 to apply ATTEMPTED AND FRUSTRATED ROBBERY (297)
Has this provision been
nullified by P v. Valenzuela? o Yes. It is rendered nugatory as far as FRUSTRAT
ED robbery is concerned. o Ex. Offender entered the property but he did not find
any property there. It is NOT frustrated robbery but attempted robbery N.B. Hom
icide in 297 is used in its generic term. The homicide must be consummated. If t
he crime of homicide was committed with treachery, can treachery be used as a ge
neric aggravating circumstance? o Yes. In other situations, if there is treacher
y, it becomes murder. But there is no such thing as robbery with murder. So it i
s robbery with homicide, with the generic aggravating circumstance of treachery.
(P v. Escote) What if the robbery is merely attempted but there was consummated
homicide, what is the charge? o Separate crimes of attempted robbery and homici
de.
OF DEEDS BY MEANS OF VIOLENCE OR
EXECUTION
200
INTIMIDATION (298)
What is the crime here?
ROBBERY
DEDICATED TO RELIGIOUS WORSHIP (299)
What are the situations where there is robbery with force upon things, under thi
s provision? o 1. Entering the premises using:
A. Constructive force:
Entering t
hrough opening not meant for ingress or egress
201
Using picklocks or similar tools Simulating public authority or false name B. Ac
tual force o 2. Entering without force but while inside, broke walls, doors, rec
eptacles to extract personal property
Is constructive forced allowed here? No. I
t must be actual force. o 3. Brought out of the premises locked or sealed recept
acles for the purpose of breaking them outside What if none of these apply? o Its
just theft. What properties must be robbed here? o 1. Inhabited house o 2. Publ
ic building o 3. Edifice for public worship There is a provision here about use
of fictitious name to rob. How does this differ from Article 178, where there is
also use of fictitious name? o Here such use is to enter the house, with intent
to rob. In 178, to conceal crime, etc. o Do you apply Article 48? No, because u
se of fake name is an element of the crime. Same as with simulation of public au
thority.
BRIGANDAGE (306-7)
Ex. When a person was killed first, then as an afterthought, the criminal took t
he property. Since the property by operation of law goes to the heirs, there was
still taking without consent even if the original owner is dead. There are two
crimes here: homicide and theft How many modes to commit theft? o 1. Taking anot
her persons property without his consent o 2. Offender finds lost property and he
does not return it to the owner or the authorities
Who are the authorities? Loc
al authorities Can this be committed by culpa?
No. There must be DELIBERATE refu
sal to return or deliver to authorities. o 3. A person who maliciously damaged p
roperty of another, shall remove or make use of fruits or object of the damage c
aused by him o 4. Enter enclosed property where trespass is prohibited, then hun
t, fish, or gather crops Distinguish from: robbery of cereals, etc. from an unin
habited place May stolen property be the subject of theft? (Nanakaw na nga, ninak
aw pa ulit) o Yes. The law does not distinguish. How do you establish intent to g
ain?
203
The bank teller is a mere employee of the bank. As an employee of the bank, she
only get de facto possession of the deposit. So it is theft. Can there be theft
of services? o Yes. Under Code of Commerce, services are personal property. Can
gas or electricity be stolen? o Yes, using jumpers. So even intangible property
can be subject to taking. o RA 7832 also punishes theft of electrical property.
So which is applicable, 308 or RA 7832?
Either under Art. 308 or RA 7832. Can co
mmercial documents, PNs, etc., be subject to theft? o Yes, these have value. In
a case, the sheriff stole evidence stored in the vault of the court (ex. Gun, mo
ney, whatever), when the clerk of court mistakenly left the vault open. What cri
me was committed? o Sheriff: theft o Clerk of court: Malversation by culpa, sinc
e he has custody of documents I own a car. I delivered it to the repair shop. I
left it, and the owner of the shop sold my car. What crime was committed, theft
or estafa? o Theft. To determine between theft and estafa, ask: was the possessi
on de facto or juridical?
204
o
o
o
What 308? o The property must have an owner and is not yet res nullius. o If pro
perty is stolen and the thiefs identity cannot be deciphered, can you consider th
e property lost?
Yes. o Can loss stem from ones own faults?
Yes. I saw property a
nd did not know who owns it. I gave it to the police and he stole the property.
What is the crime of the cop? o P v. Avila Said this is theft.
Here, it was merely de facto/material possession. But doesnt the repair shop acqu
ire a lien over the property, under Sec Trans, where he can sell it if he is not
paid? It does not apply here, because he hasnt even tried repairing the car. The
SC had a decision saying this is estafa (Laura Santos case). But J. Callejo doe
s not agree with this. When this case was decided, there was no carnapping law y
et. Should it apply now?
Yes. do you mean by lost in Par. 1 of Article
Viz. other crimes like estafa or revelation and discovery of secrets o 3. Circum
stances during taking such as calamity and misfortune Was this amended by PD 533
, the anti cattle rustling law and RA 6539, the anti-carnapping law? o No; these
are SPL, according to the SC What is grave abuse of confidence? o It must be a
special relation of intimacy. o Ex. Branch manager stole the jewelry under his c
ustody. If there is conspiracy, but one is trusted and the other is not, what is
the crime? o Two crimes: qualified theft for the former, simple theft for the l
atter How about a commission salesman of a corporation? o Just simple theft, bec
ause there is no evidence except that he was a commission salesman that the empl
oyer reposed confidence on him What does mail matter include? o Any matter that
is deposited with the Phil. Postal Corporation which are delivered through posta
l service. Includes mail matters, parcels, money orders, printed materials, etc.
205
206
The taxi was found abandoned in a place. What is the crime? o Carnapping. After
the initial lawful possession, it transformed to unlawful possession. o Doesnt th
e abandonment exculpate X?
No. The crime was consummated even if the carnapper a
bandoned the car after. X stole a truck and the personal effects contained there
in. What is the crime? o Two crimes:
1) Carnapping as to the truck
2) Theft as t
o the personal effects o The SC was wrong here, because it said qualified theft.
What is fencing? o 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, buy and sell, or in any manner deal with an article, object, item, or anythi
ng of value which he knows or should be known to him to have been derived from p
roceeds or robbery or theft Who is a fence? o Fence is person, corporation, or ass
ociation, or partnership that commits the act of fencing
ANTI-FENCING LAW (PD 1612)
Essence: known/should have known were the proceeds of robbery or theft moral turpi
tude
Test if the articles were displayed for sale, if a receipt was issued, etc.
o 4. There is intent to gain for himself or another What is the presumption und
er law? o Mere possession of the stolen goods creates presumption o Thus, no nee
d to prove prior robbery was committed
May there be cattle rustling even if catt
le is not taken? o Even if large cattle is not taken, there can be cattle rustli
ng if it is killed and its meat is taken. There may be a special complex crime o
f cattle rustling with homicide if a person is killed on the occasion of cattle
rustling.
REAL PROPERTY OR REAL RIGHTS OVER
CATTLE RUSTLING (PD 533)
208
What is usurpation? o Similar to robbery except that in robbery, personal proper
ty is involved What is the penalty? o 1. Penalty for the act of violence o 2. Pe
nalty for the act of usurpation However, what is the nature of this offense?
The agent cannot be liable for mere negligence in entrusting the jewelry to anot
her because there is no such thing as estafa through negligence
But is it possib
le that the agent is liable? 1. He is liable if he CONSPIRED with the sub-agent.
2. If there is prohibition to entrust the jewelry to a sub-agent, but the agent
still does, then the agent can be liable. o May there be estafa in a loan trans
action?
No. Because owner of the money loaned is transferred to the borrower, ev
en if the borrower can pay back. What about money market placement?
No estafa be
cause it partakes the nature of a loan. o What about bank deposits? Can there be
estafa if the money deposited is used by the bank? None. Deposits are treated a
s loans to the bank, and are covered by the law on mutuum. o A teller of a bank
receives deposits and misappropriates these. What is the crime?
211
o
o
o
o
Theft, not estafa, because the bank teller is merely an employee of the bank and
only gets material possession of the money. In a sale of property and earnest m
oney is given and the money is used by the seller. Is there estafa?
No. Down-pay
ment or earnest money forms part of the purchase price. The seller can use this
money, even if the sale eventually does not push through. An employee who fails
to account for cash advances for travels is there estafa? No estafa. Because thi
s is in the nature of a loan and the employee obtains juridical possession of su
ch. The private respondent delivered his car to a motor shop for repairs. The ow
ner of the shop misappropriated it. Is there estafa? Yes. There is obligation to
return after repair. There was juridical possession, and thus, estafa. X was a
sales agent selling residential lots on behalf of a corporation. He was authoriz
ed to sell the lots, but NOT receive the monthly amortizations from the lot buye
rs. However, he received these and worse, he failed to remit these. Is there est
afa?
212
213
Caveat emptor doctrine does not apply. You cannot invoke the fact that the victi
m was himself negligent. It doesnt apply to criminal cases. Post dating a check o
r bouncing check: o Can a person other than a drawer be liable?
Yes. Indorser or
a co-conspirator. o Elements: 1. Post-dating or issuance of check for obligatio
n contracted at the time the check was issued
2. Lack or insufficiency of funds
to cover it 3. Knowledge of the drawer of this lack
4. Damage capable of pecunia
ry estimation to the payee o The fraud must be committed PRIOR or UPON the issua
nce of the check. o For what kind of obligation must the check be issued for?
Th
e check MUST NOT BE for paying a pre-existing obligation, because there is no mo
re deceit in this case. The drawer obtains no gain here, because the considerati
on has already been delivered to him. o What is the implication of this doctrine
, then?
o
o
o
o
o
Yes. The date of the obligation, being the very date of the check, is a MATERIAL
INGREDIENT of the crime. Must the check be negotiable?
Negotiability of a check
is not the gravamen of the crime, but the fraud or deceit in knowingly issuing
a worthless check. When is the lack of funds determined as to post-dated checks?
Valid as long as when it is due, there are funds, even when there are no funds
at the time it was issued. What if the bouncing check is issued as a guaranty to
secure a loan?
There is no estafa. Issuing a bouncing check in exchange for cas
h: Estafa, because you received something in exchange How do you prove knowledge
that there were no funds?
Direct evidence
Notice of dishonor from drawee bank d
uly received by the drawer of the check and failure to deposit money to cover th
e amount How can the issuer of a bouncing check escape liability?
214
No.
Differentiate pardon from consent: o Pardon is prior to the act, consent is afte
r. In any case, it is a bar to filing a criminal complaint. Who can initiate act
ion for adultery and concubinage? o Must be from offended spouse. Both offenders
must be named in the complaint.
(336)
(339)
Obscene acts Obscene acts Obscene acts committed with committed with lewd commit
ted with lewd design design lewd design Committed under circumstances of rape (n
o consent) Committed under circumstances of seduction (consent secured by deceit
) Victim is male or female exploited in prostitution or subjected to sexual abus
e
CONCUBINAGE (334)
How is concubinage committed? o 1. Husband keeping a mistress
in the conjugal dwelling o 2. Having sexual intercourse under scandalous circums
tances with a woman not his wife o 3. Cohabiting with the woman in any other pla
ce Means living together as husband and wife, not merely living together under o
ne roof, but also having sexual intercourse.
Who is liable for concubinage? o Hu
sband PC o Concubine destierro only
Can a man be liable for adultery and concubi
nage at the same time? o Yes, if his concubine is a married woman. ACTS OF LASCI
VIOUSNESS (336) AND CONSENTED ACTS OF LASCIVIOUSNESS (339) Acts of Consented act
s of Sexual abuse lasciviousness lasciviousness (RA 7610)
219
Victim is male or Victim is female female
Any age, reputation
any 12 to below 18 12 to below 18 years old and virgin years old (if less than 1
2, of good reputation prosecute under RPC)
o It may be inferred from nature of act committed and occasion acts were committ
ed. Related with RA 7610: o Lascivious conduct may be committed under RA 7610, v
ictim of child abuse. o Elements of sexual abuse under RA 7610:
1. Accused commi
ts acts of lasciviousness 2. Act is performed with a child exploited in prostitu
tion or subjected to sexual abuse
3. Child is below 18 and whether male or femal
e o What if the child is below 12? Prosecuted under the RPC (penalty is RT inste
ad of PC) Simple seduction (338)
Victim can be 18 or older if the offender is an ascendant or brother
What is the
concept of seduction? o Having sexual intercourse with one who is presumed by l
aw to be unable to fully give consent to it (although not rape) o What if there
is no sexual intercourse?
It can be consented acts of lasciviousness (339) Can a
buse of confidence be appreciated in qualified seduction? o No. Abuse of confide
nce is inherent, not aggravating circumstance
What is the concept of virginity in
qualified seduction? o Physical, not moral; i.e. that the woman has no sexual ex
perience. Compare with rape: o It is always rape if less than 12 years old (stat
utory rape); if 12-18 there must be force or intimidation. Virginity is not mate
rial in rape. o In qualified seduction, the girl must be 12-18 and virginity is
an element. CORRUPTION OF MINORS (340) What is corruption of minors? o A minor i
s used by one person to satisfy the lust of another and not his own lust.
AND
QUALIFIED SEDUCTION (337), SIMPLE SEDUCTION (338) Qualified seduction (337) Offe
nder has sexual Offender has sexual intercourse with the victim intercourse with
the victim through cajolery through cajolery Victim is a virgin woman Victim is
a single woman or widow (because you cant get married below 18 now) of good repu
tation
Offender is person with Offender is any person authority, confidence, or relatio
nship vis--vis the victim Generally, victim is 12 to Victim is always 12 to below
18 years old below than 18 years old
220
FORCIBLE ABDUCTION (342) (343)
CONSENTED ABDUCTION
When is forcible abduction absorbed by rape? o When the initial intention is rea
lly to rape. When is the crime of forcible abduction complexed with rape? o The
taking of the woman amounts to forcible abduction, and thereafter, she was raped
o What if there are multiple rapes?
Then only one rape shall be complexed with
forcible abduction. The second rape and others are separate crimes. When is ther
e kidnapping or kidnapping with rape? o If the purpose of the taking is to depri
ve the woman of her liberty o If the woman was raped thereafter, kidnapping with
rape Is there a crime of forcible abduction with attempted rape/acts of lascivi
ousness? o No, because both are manifestations of lewd designs which is already
an element of the forcible abduction. The crime is just forcible abduction.
221
222
o Not depending on sense and grammatical meaning of the utterances Is putang ina
mo slander? o No. Is there frustrated or attempted defamation? o No. It is a form
al crime. What is slander by deed? o Dishonor, discredit, or contempt upon anoth
er person which is not covered by slander or libel Who are the persons responsib
le for defamatory publications? o 1. Any person who publishes, exhibits, or caus
es the publication or exhibition of any defamation in writing or similar means o
2. Author or editor of a book or pamphlet, newspaper to the extent that are aut
hors/editors thereof What courts have jurisdiction over libel cases? o Even if t
he punishment falls within the MTC scope, by express provision of law, it is und
er RTC jurisdiction always What is the venue of libel cases (alternative)? o 1.
RTC of province or city where the libelous article is printed and first publishe
d (regardless of nature of victim)
SLANDER BY DEED (359)
GENERAL PROVISIONS (360)
SLANDER (358)
224
o Chismis. (The author is unknown and the offender appears to be repeating only
what he heard others say. He doesnt want to assume responsibility for the stateme
nt.) o What if the source of the statement is known?
Its slander What is incrimin
ating an innocent person? o Imputing to the innocent person the commission of a
crime. This includes planting of evidence
XIV: CRIMINAL NEGLIGENCE What is reckless imprudence? o It is the inexcusable la
ck of precaution of a person, taking into consideration his: a) employment, b) i
ntelligence, c) physical condition, d) other circumstances (time, person, or pla
ce). o This must lead to material damage to another, which is manifest. o What a
re the elements of reckless imprudence?
1. Offender does or fails to do an act 2
. It is voluntarily done or not done 3. Without malice
4. Material damage result
s from the reckless imprudence
INCRIMINATORY MACHINATIONS (363-364)
the child to the offender is established. (Basis: Art. 345 of RPC does not disti
nguish) o But the offender cannot be obliged to acknowledge offspring in adulter
y and concubinage, when the offended party is married and paternity cannot be de
termined. Use of woman to rape a woman is aggravating even special: o 25,000 dam
ages Acts of lasciviousness: o 5,000 moral o 2,000 exemplary for each count Qual
ified rape: o 75,000 indemnity o 50,000 moral damages Rape with homicide: o 100,
000 indemnity o 50,000 moral damages For moral damages on parricide, homicide, r
ape, etc. No need to allege emotional suffering on information. o But some cases
say that in homicide or murder, there must be proof that the heirs suffered emo
tional pain, suffering, etc. Ex. if they are separated, then they dont feel anyth
ing. Consummated homicide: o 50,000 indemnity o 50,000 moral damages