Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
FELONY
TREASON
DEFINITION
Treason is a breach of allegiance
to a government, committed by a
person who owes allegiance to it.
1.
2.
3.
ELEMENTS
offender is a Filipino citizen
or a resident alien
war in which the Philippines
is involved
offender either:
a. levies war against the
Government
b. adheres to the enemies,
giving them aid and
comfort
NOTES
CONSPIRACY/PROPOSAL
TO COMMIT TREASON
Conspiracy to commit
treason happens when 2
or more persons agree to
levy war against the
Government, or to give
aid/comfort
to
her
enemies.
offender in misprision is
punished as an accessory to
treason
the
offender
is
also
punished as principal in the
felony of misprision
116
117
MISPRISION OF TREASON
ESPIONAGE
Espionage
is
gathering,
transmitting
or
losing
information respecting national
defense to the injury of the
Philippines.
1.
118
INCITING TO WAR/
GIVING MOTIVES TO
REPRISALS
119
VIOLATION OF
NEUTRALITY
120
CORRESPONDENCE W/
HOSTILE COUNTRY
121
FLIGHT TO ENEMY
COUNTRY
b. possession of information
c. disclosure of information
1. offender
performs
unlawful
or
unauthorized acts
2. such acts provoke or give
occasion to war or expose
Filipinos to reprisals
1. war
in
which
the
Philippines
is
NOT
involved
2. regulation pertaining to
neutrality
3. offender
violates
such
regulation
1. war
in
which
the
Philippines is involved
2. offender
makes
correspondence with an
enemy country or territory
occupied by enemy troops
3. correspondence
a. prohibited
by
Government
b. carried by ciphers or
signs
c. containing
notice/
information
which
might be useful to
enemy
1. war
in
which
the
Philippines is involved
intention is immaterial
committed
during
peacetime
higher penalties for public
officers or employees
correspondence
means
letters
even if correspondence
contains innocent matters,
as long as it prohibited, it is
punishable under Art. 120
2.
3.
4.
122
PIRACY/MUTINY IN THE
HIGH SEAS
1.
2.
3.
123
QUALIFIED PIRACY
1.
2.
3.
FELONY
ARBITRARY DETENTION
DEFINITION
Arbitrary detention is confining a
person without any legal ground.
1.
2.
3.
ELEMENTS
offender is an officer or
public employee
detention of a person
detention without legal
NOTES
125
DELAY IN DELIVERY OF
DETAINED PERSONS
1.
2.
3.
126
DELAYING RELEASE
Delaying
release
includes
delaying the performance of a
judicial/executive
order
for
release, unduly delaying service
of notice, or unduly delaying the
1.
2.
3.
violent insanity/ailment
arrest without warrant is
the usual cause of arbitrary
detention
a warrantless arrest only
becomes legal: (1) actual
commission of the offense,
(2) offense has just been
committed and there is
probable cause, (3) arrest of
an escaped prisoner
arbitrary detention may be
committed
through
imprudence
if offender is a private
person, the crime is illegal
detention
does not apply to an arrest
by virtue of a warrant
duty of detaining officer is
complied with filing of
complaint with judicial
authority
suspected terrorists are not
covered
by
Art.
125
pursuant to RA 9372
wardens/jailers are public
officers most likely to
violate Art. 126
127
EXPULSION
1.
2.
3.
128
129
VIOLATION OF
DOMICILE
SEARCH WARRANTS
MALICIOUSLY
OBTAINED, ABUSE IN
SERVICE OF THOSE
LEGALLY OBTAINED
1.
1.
2.
qualifying
circumstances
include (1) nighttime or (2)
not
returning
the
papers/effects
not
constituting evidence of a
crime
OR
2.
exceeding
authority/
unnecessary severity: (1)
offender is a public officer,
or employee, (2) legal
procurement of a search
warrant, (3) exceeding ones
authority
or
use
of
unnecessary severity in
executing the same
SEARCHING DOMICILE
WITHOUT WITNESSES
131
PROHIBITION,
INTERRUPTION AND
DISSOLUTION OF
PEACEFUL MEETINGS
1.
132
INTERRUPTION OF
RELIGIOUS WORSHIP
This
crime
consists
preventing/disturbing
ceremonies of any religion.
of
the
1.
2.
3.
133
OFFENDING THE
RELIGIOUS FEELINGS
1.
offender is a public
officer or employee
religious ceremonies or
manifestations are about
to take place or are going
on
offender prevents or
disturbs the same
acts were performed (1)
in a place devoted to
to be notoriously offensive
means to ridicule, mock,
2.
FELONY
REBELLION OR
INSURRECTION
DEFINITION
Rebellion is a crime of multitude
involving masses of men.
1.
2.
ELEMENTS
there must be (a) public
uprising, or (b) taking arms
against the Government
purpose of the uprising: (a)
remove
allegiance
to
Government or its laws, (b)
to
deprive
the
Chief
Executive or Congress,
wholly or partially, of any
of
their
powers
or
prerogatives
NOTES
134-A
COUP D ETAT
1.
136
137
CONSPIRACY AND
PROPOSAL TO COMMIT
COUP D ETAT,
REBELLION OR
INSURRECTION
DISLOYALTY OF PUBLIC
OFFICERS/EMPLOYEES
1.
2.
mere agreement/proposal
to commit rebellion or
similar acts are already
punishable by law
organizing
soldiers,
soliciting membership and
funds show conspiracy
offender must NOT be in
conspiracy with the rebels
INCITING TO REBELLION
OR INSURRECTION
1.
2.
3.
139
SEDITION
141
CONSPIRACY TO
COMMIT SEDITION
142
INCITING TO SEDITION
1.
1.
10
NO proposal to commit
sedition
2.
3.
143
144
ACTS TENDING TO
PREVENT THE MEETING
OF THE NATIONAL
ASSEMBLY
DISTURBANCE OF
PROCEEDINGS
1.
2.
1.
2.
145
VIOLATION OF
PARLIAMENTARY
IMMUNITY
1.
2.
11
by Art. 142
scurrilous libels against
the
government
also
punishable
tests on seditious words:
(1) clear and present
danger
rule,
(2)
dangerous tendency rule
projected/actual meeting
of a legislative body
prevention by force or
fraud
preventing a legislative
meeting when its defect is
not manifest and requires
an investigation is still
liable under Art. 143
there is a meeting of a
legislative body
offender
does
the
following
acts:
(1)
disturbs any of such
meetings, (2) behaves in a
manner that interrupts
the
proceedings
or
impairs the respect due it
it must be a meeting of a
legislative
body,
provincial board, city or
municipal council
the complaint must be
filed by a member of the
legislative body
one who disturbs the
proceedings
of
the
National Assembly may
also
be
liable
for
contempt
offender
uses
force,
intimidation, threats or
fraud
purpose of the offender is
to prevent any member
of the National Assembly
from:
(1)
attending
parliamentary immunity
does not protect National
Assembly members from
their own responsibility
under
the
1987
Constitution, members of
Congress are exempt
146
147
148
ILLEGAL ASSEMBLIES
ILLEGAL ASSOCIATIONS
DIRECT ASSAULTS
1.
2.
1.
offender must be a
founder,
leader
or
member
of
the
association
the association is totally
or partially organized for
(1) committing crimes, or
(2) purposes contrary to
public morals
2.
12
3.
purposes of rebellion or
sedition
NO public uprising
13
nonetheless,
if
the
offended party is a PIA,
force need not be serious
intimidation/resistance
must be serious and
active
intimidation
must
produce
immediate
effects
a PIA must be directly
vested with jurisdiction
(the powers and duties
are determined)
PIAs include division
superintendents,
teachers and lawyers
an agent of a PIA is
charged
with
maintenance of public
order
agents
include
policemen,
municipal
treasurers, postmasters,
sheriffs, BIR agents,
Malacanang
agents,
barangay chief tanods
function of a PIA/agent
must be shown in the
information
even if agent of PIA
agrees to fight, crime still
constitutes direct assault
14
self-defense is valid if
PIA/agent
unlawfully
provokes a person (cf.
Art 11, RPC)
if both offender and
offended
party
are
PIA/agents, the crime is
qualified
knowledge
of
the
accused
that
the
offended party is a
PIA/agent
is
ESSENTIAL
information must allege
such knowledge
disregard of respect on
account of rank (cf. Art
14, RPC) inherent in
direct assault
when PIA/agent is not
on performance of duty
when attacked, evidence
of
motive
becomes
necessary
direct assault may be
complexed with murder,
homicide or serious
physical injuries
slight physical injuries
are absorbed in direct
assault
INDIRECT ASSAULTS
1.
2.
3.
PIA/agent is a victim of
direct assault
person comes into aid of
PIA/agent
offender uses force or
intimidation upon such
person
150
DISOBEDIENCE TO THE
NATIONAL ASSEMBLY
1.
151
RESISTANCE AND
DISOBEDIENCE TO
PIA/AGENT
SERIOUS DISOBEDIENCE:
1. PIA/agent
in
performance of duty
2. offender
resists
or
seriously disobeys such
person
3. act of the offender is
NOT included in Arts.
148-150
SIMPLE DISOBEDIENCE:
1. agent
is
in
the
15
2.
3.
153
154
TUMULTS
UNLAWFUL USE OF
MEANS OF
PUBLICATION,
UNLAWFUL
UTTERANCES
1.
1.
performance of duty
offender disobeys such
agent
disobedience is NOT of a
serious nature
offender does any of the
acts in the definition
16
serious disturbance
must be planned or
intended
this felony applies to
disturbing a religious
ceremony done by
private persons, or by
a public officer who
ATTENDS
the
ceremony
outcry must NOT be
intentionally aimed to
incite
sedition;
otherwise, Art. 142
must be charged
a tumultuous (3 or
more
persons)
disturbance qualifies
the offense
actual public disorder
or damage to the State
NOT necessary
the offender must
know that the news is
false
RA
248
penalizes
reprinting government
155
156
ALARMS AND
SCANDALS
DELIVERING PRISONERS
FROM JAIL
malicious publishing of
official
documents
without proper authority
4. anonymous publication
This crime may include any of
the following acts:
1. discharging a firearm or
any explosive
2. instigating or taking part
in charivari
3. disturbing public peace
at night
4. disturbance/scandal in
public
places
while
intoxicated
This crime consists of helping
prisoners escape from detention.
publications without
previous authority
1.
1.
2.
157
EVASION OF SERVICE OF
SENTENCE
1.
2.
3.
17
offender convicted by
final judgment
sentence
consists
of
deprivation of liberty
escaping during the term
of sentence
discharge
of
firecrackers or rockets
during
festive
occasions
not
penalized
charivari is defined by
a medley of discordant
voices
includes
detention
prisoners
hospital/asylum
considered
as
extension of jail
violence, intimidation
bribery,
employing
deceit NOT necessary
not
applicable
to
sentence executed by
deportation
applicable to destierro
qualified
by:
(1)
unlawful entry, (2)
breaking
doors,
windows, gates, walls,
roofs and floors, (3)
18
EVASION DURING
DISORDERS
1.
2.
3.
159
OTHER CASES OF
EVASION OF SERVICE OF
SENTENCE
4.
1.
2.
3.
(VIOLATION OF
CONDITIONAL PARDON)
offender convicted by
final judgment
disorder such as (1)
conflagration,
(2)
earthquake, (3) explosion,
(4)
catastrophe,
(5)
mutiny in which he did
NOT participate
leaving
the
penal
institution during the
said calamity
failure to give himself up
offender was a convict
conditional pardon by
the Chief Executive
violation
of
the
conditions of the pardon
160
QUASI-RECIDIVISM
1.
2.
offender convicted by
final judgment
commission of a new
felony before beginning
to serve/while serving
the sentence
offender may
be
arrested and jailed
without proper trial
19
20
Notes on RA 9372:
1. Terrorism is the most severely punished crime (40 y imprisonment).
2. Conspiracy to commit terrorism is punishable as a crime.
3. Penalties are imposed upon accomplices (20 y imprisonment) and accessories (10 y 1 d 12 y imprisonment) to terrorism.
4. Prosecution under RA 9372 is a bar to prosecution of another penal offense.
TITLE IV: CRIMES AGAINST PUBLIC INTEREST
This Title punishes crimes that subvert the integrity of the truth such as forgeries, counterfeiting and perjuries.
ARTICLE
161
FELONY
FORGING GOVERNMENT
SEAL, SIGNATURE AND
STAMP OF THE CHIEF
EXECUTIVE
DEFINITION
This
crime
consists
of
counterfeiting the symbols of the
Chief Executive (Great Seal,
signature
and
presidential
stamp).
162
USING FORGED
SIGNATURE OR
COUNTERFEIT SEAL OR
STAMP
1.
1.
2.
3.
163
MAKING, IMPORTING OR
UTTERING FALSE COINS
1.
2.
ELEMENTS
offender does any of the
acts in the definition
NOTES
3.
164
165
MUTILATION OF COINS
SELLING OF FALSE OR
MUTILATED COIN,
WITHOUT CONNIVANCE
1.
possession of coin:
1. possession
2. intent to utter
3. knowledge
actually uttering:
1. actually uttering
2. knowledge
21
current at a certain
value
import: to bring into
port
utter:
pass
counterfeited
coins,
includes delivery or
giving away
former
coins
withdrawn
from
circulation may be
counterfeited
mutilation: taking off
part of the metal
coin must be of legal
tender
coins of a foreign
country not included
possession does not
require the coin to be
legal tender
constructive
possession included
possession
of
counterfeiter
or
importer
is
NOT
punished as a separate
offense
accused must have
knowledge that the
coin is false
FORGING TREASURY OR
BANK NOTES OR OTHER
DOCUMENTS
1.
167
168
COUNTERFEITING,
IMPORTING AND
UTTERING
INSTRUMENTS NOT
PAYABLE TO BEARER
ILLEGAL POSSESSION
AND USE OF FALSE
TREASURY OR BANK
NOTES
1.
2.
3.
1.
2.
3.
22
connivance is NOT
required if the utterer
is the forger
intent to possess is
NOT intent to use
accused must have
knowledge
of
the
forged character of the
note
presumption
of
170
FALSIFICATION OF
LEGISLATIVE
DOCUMENTS
1.
2.
3.
4.
171
FALSIFICATION BY
PUBLIC OFFICER
This
crime
consists
of
counterfeiting
or
forging
documents by the class of
persons
mentioned
in
the
elements.
1.
2.
3.
offender is a public
officer, employee, notary
public,
ecclesiastical
minister
takes
advantage
of
official position
falsifies a document by
the following acts: (1)
counterfeiting
or
imitating
any
handwriting, signature or
rubric, (2) causing it to
appear that persons have
participated
in
a
proceeding,
(3)
attributing statements to
23
possessor as material
author of the forgery
burden of proof falls
on the accused
bill,
resolution
or
ordinance must be
genuine
offender may be any
person
act of falsification is
limited to altering
which
changes
meaning
RA
248
punishes
unlawful reproduction
of such documents
taking advantage: (1)
duty to make, prepare
or intervene in the
document, (2) falsified
document is in his
official custody
document: (1) written
statement
that
establishes rights or
extinguishes
obligations, (2) fact
may be proven or
affirmed, (3) legal
efficacy
falsification
may
include alteration or
172
FALSIFICATION BY
PRIVATE INDIVIDUALS
AND USE OF FALSIFIED
DOCUMENTS
24
intercalation
documents may be
simulated
or
fabricated
counterfeiting:
(1)
intent to emulate, (2) 2
samples resemble to
each other
imitating/feigning: to
give false appearance
kinds of documents:
(1) public created,
executed or issued by
a public official in the
exigencies of public
service, (2) official
issued by a
public
official in the exercise
of the functions of his
office, (3) private
deed/instrument
executed by a private
person
w/o
intervention
by
a
notary
public,
(4)
commercial
defined/regulated by
the Code of Commerce
caused damage/intended
to cause damage
25
(ie.
letters
of
exchange/credit,
quedans, cash files,
deposit slips, surety
accounts, air way bills)
public writings under
the Rules of Court: (1)
written
official
acts/records of the
Philippines
and
a
foreign country, (2)
documents
acknowledged before
a notary public, (3)
public records in the
Philippines
blank forms of official
documents are NOT
documents
possessor of a falsified
certificate
of
title
presumed to be the
author
of
said
falsification
lack
of
malice/criminal intent
a valid defense
in Art. 172 (2), damage
need not be material
jurisdiction lies where
falsification occurred
falsification may be
173
FALSIFICATION OF
WIRELESS TELEGRAPH
AND TELEPHONE
MESSAGES
26
174
FALSE MEDICAL
CERTIFICATES,
CERTIFICATES OF MERIT
OR SERVICE
175
USING FALSE
CERTIFICATES
176
177
MANUFACTURING AND
POSSESSION OF
INSTRUMENTS FOR
FALSIFICATION
This
crime
consists
of
making/introducing into the
Philippines of instruments for
falsification and possessing with
intent to use such instruments.
USURPATION OF
AUTHORITY
1.
2.
3.
1.
issuance of a false
certificate
offender knew of such
falsity
use of such
offender does any of the
acts in the definition
persons
liable:
(1)
physician or surgeon,
(2) public officer, (3)
private individual
implements
confiscated need NOT
form a complete set
Art. 164, 176 punish
constructive
possession
1.
27
representation must be
positive, express and
explicit
false
representation
may be shown by acts
Art. 177
may be
violated by a public
officer
178
179
USE OF FICTITIOUS
NAME
ILLEGAL USE OF
UNIFORMS OR
INSIGNIAS
Elements
(Using
Fictitious
Name):
1. offender uses another
name
2. public use
3. purpose:
(1)
conceal
crime,
(2)
evade
execution of a judgment,
(3) cause damage to
public interest
Elements (Concealing True
Name):
1. offender conceals his (1)
true name and (2) all
other
personal
circumstances
2. purpose to conceal ones
identity
1. offender uses uniform or
insignia
2. such pertains to office not
held by the offender
3. use in a public, improper
manner
28
FALSE TESTIMONY
AGAINST A DEFENDANT
1.
2.
3.
4.
criminal proceeding
false testimony under
oath
knowledge of falsehood
defendant was acquitted
or convicted by final
judgment
181
FALSE TESTIMONY
FAVORABLE TO A
DEFENDANT
182
FALSE TESTIMONY IN
CIVIL CASES
1.
2.
3.
4.
5.
183
PERJURY
1.
2.
3.
civil case
testimony
relates
issues
false testimony given
knowledge of falsity
malice in testimony
to
statement
under
oath/affidavit
made before a competent
office
willful/deliberate
29
4.
falsehood
sworn
statement
required by law
is
184
OFFERING FALSE
TESTIMONY IN
EVIDENCE
This
crime
consists
of
introducing false evidence in a
judicial or official proceeding
185
MACHINATIONS IN
PUBLIC AUCTIONS
offer
of
a
false
witness/testimony
2. knowledge of falsehood
3. made
in
a
judicial/official
proceeding
Soliciting Gift/Promise:
1. public auction
2. soliciting gift/promise
3. consideration to refrain
from taking part
4. accused had intent to
cause reduction of price
30
affidavit:
sworn
statement in writing
material matter: main
fact of the subject of
inquiry
on facts: (1) material
directed to prove a
fact, (2) relevant
establishes probability
or improbability of
event, (3) pertinent
concerns
collateral
matters
good faith or lack of
malice a valid defense
subornation of perjury:
knowing/willing
procurement
of
a
perjurious witness
1.
consummated by mere
solicitation
186
MONOPOLIES OR
COMBINATIONS IN
RESTRAINT OF TRADE
187
FALSELY MARKED
ARTICLES MADE OF
GOLD, ETC.
1.
2.
3.
importation,
sale
or
disposal
stamps, brands or marks
fail to indicate actual
fineness
knowledge of offender
31
UNFAIR COMPETITION,
FRAUDULENT
REGISTRATION OF
TRADE NAME
5.
6.
7.
use
cultivation of plants
unlawful/unnecessary prescription
32
Art.
188-189
are
repealed
by
the
Intellectual Property
code of the Philippines
(RA 8293)
elements of unfair
competition:
(1)
confusing similarity,
(2) intent to deceive
the public and defraud
the competitor
evidence of actual
fraudulent intent NOT
necessary
33
Notes on RA 9165:
Probation Law is NOT applicable for drug traffickers/users
Being under the influence of dangerous drugs is a qualifying aggravating circumstance
Attempt/conspiracy shall be penalized by the same penalty for commission
A public official who misappropriates drugs, plants evidence : maximum penalty (RP)
Voluntary submission may result in EXEMPTION from criminal liability
TITLE VI: CRIMES AGAINST PUBLIC MORALS
This Title punishes acts that are detrimental to the collective standard of decency and morality.
ARTICLE
195-199
FELONY
FELONIES RELATED TO
GAMBLING
DEFINITION
200
GRAVE SCANDAL
ELEMENTS
1.
2.
3.
4.
201
IMMORAL DOCTRINES,
OBSCENE PUBLICATIONS
AND EXHIBITIONS
1.
NOTES
publicity is essential
morality: conformity with
the generally acceptable
standards of goodness
author of obscene literature
is liable ONLY when it is
published
with
his
knowledge
test of obscenity: tendency
to deprave or corrupt those
202
VAGRANCY AND
PROSTITUTION
1.
34
35
FELONY
KNOWINGLY
RENDERING UNJUST
JUDGMENT
DEFINITION
This crime involves judges who
pronounce judgments contrary to
law and/or not supported by
evidence.
1.
2.
3.
4.
ELEMENTS
offender is a judge
rendering of a judgment
unjust judgment
knowledge
of
unjust
judgment
NOTES
36
collegiate court
205
JUDGMENT RENDERED
THROUGH NEGLIGENCE
1.
2.
3.
4.
206
UNJUST
INTERLOCUTORY ORDER
1.
2.
207
MALICIOUS DELAY IN
THE ADMINISTRATION
OF JUSTICE
1.
2.
3.
4.
208
PROSECUTION OF
OFFENSES: NEGLIGENCE
AND TOLERANCE
1.
2.
3.
offender is a judge
rendering of a judgment
manifestly
unjust
judgment
inexcusable negligence or
ignorance
offender is a judge
performance of any of
these acts: (a) knowingly
rendering
unjust
interlocutory order or
decree, (b) renders
a
manifestly
unjust
interlocutory order or
decree
through
inexcusable negligence or
ignorance
offender is a judge
court proceeding
delay
in
the
administration of justice
underlying malice in the
delay
abuse of discretion or
mere
error
of
judgment
is
NOT
punishable under Art.
206
interlocutory
order:
decree issued by the
court at the end of suit
to decide some matters
which are NOT part of
the final decision of
the court
public
officer
who
prosecutes offenses
NO prosecution even if he
has knowledge of the
offense
malice and deliberate
intent
crime committed by
the violator must be
proven first before
conviction
for
dereliction
NOT applicable to
revenue officers
BETRAYAL OF TRUST BY
AN ATTORNEY
210
DIRECT BRIBERY
1.
2.
offender is a lawyer
offender does any of the
acts in the definition
1.
2.
public officer
accepts an offer/promise
or receives gifts/presents
such is accepted to: (1)
commit crime, (2) in
consideration of an act
which do NOT constitute
a crime, (3) refrain from
doing his official duty
act is in connection with
official duties
3.
4.
211
INDIRECT BRIBERY
1.
2.
public officer
accepts gifts
37
211-A
QUALIFIED BRIBERY
3.
1.
2.
3.
212
CORRUPTION OF PUBLIC
OFFICIALS
1.
2.
213
38
bribery
PD 46 penalizes giftgiving
to
public
officials
for
any
occasion
PD
749
grants
immunity to bribegivers in order to help
prosecute
corrupt
officials
intent to defraud
Government
39
the
Illegal Exactions:
1. public officer entrusted
with collection
2. does the following acts or
omissions: (1) demanding
sums different from or
larger
than
those
authorized, (2) failing
voluntarily to issue a
receipt, (3) collecting or
receiving different things
from that is required by
law
214
OTHER FRAUDS
1.
2.
3.
215
PROHIBITED
TRANSACTIONS
1.
2.
3.
CRIMINAL LAW 2 REVIEWER
Patrick Alcantara (UP Law E2015)
public officer
takes
advantage
of
position
commission of any frauds
or deceits in Art. 315-318:
estafa, other forms of
swindling, swindling a
minor, and other deceits
appointive public officer
interest, direct or indirect,
in
an
exchange
or
speculating transaction
transaction takes place
transactions
of
exchange
or
speculation
include
buying and selling
stocks, commodities,
4.
216
POSSESSION OF
PROHIBITED INTEREST
217
MALVERSATION
land, etc.
purchasing stocks and
shares for investment
is NOT a violation
purchasing securities
for resale becomes a
violation
1.
1.
2.
public officer
custody or control of
funds or property
accountability for those
funds or property
appropriating,
taking,
misappropriating,
consenting the taking of
such funds or property
public officers
experts, arbitrators and
private accountants
guardians and executors
This
crime
involves
embezzlement of public funds or
property. It punishes certain acts:
(1) appropriating public funds or
property,
(2)
taking
or
misappropriating
such,
(3)
consenting,
through
abandonment or negligence,
permitting any person to take
such
40
3.
4.
218
FAILURE TO RENDER
ACCOUNTS
1.
2.
3.
public officer
accountable for public
funds or property
requirement to render
41
for malversation
Government
funds
include revenue and
trust funds
standard of prudence
by a reasonable person
is the test determining
negligence
lack of criminal intent
or good faith is a valid
defense
presumption
of
malversation
for
failure to return public
funds upon demand
presumption
of
malversation
is
rebuttable
return
of
funds
malversed may be a
mitigating
circumstance
demand
NOT
necessary
in
malversation
damage
to
the
Government
NOT
necessary
demand
for
accounting
NOT
necessary
misappropriation NOT
4.
219
220
FAILURE TO RENDER
ACCOUNTS BEFORE
LEAVING THE COUNTRY
1.
2.
1.
2.
3.
3.
4.
221
FAILURE TO MAKE
DELIVERY OF PUBLIC
FUNDS OR PROPERTY
1.
2.
3.
223
CONNIVING WITH OR
CONSENTING TO
EVASION
1.
2.
3.
4.
accounts
failure to render within 2
months
public officer
accountable for public
funds or property
unlawful departure from
the Philippines without
certification of rendering
accounts
public officer
public fund or property
under his administration
such is appropriated by
law or ordinance
application to a public use
other
than
its
appropriation
public
officer
having
Government funds in his
possession
under obligation to make
payment
malicious failure to make
payment
public officer
custody of prisoner
escape of prisoner
connivance with prisoner
necessary
NO
technical
malversation in the
absence of law or
ordinance
prisoners may be in
detention or serving a
sentence
by
final
judgment
leniency or laxity is
NOT infidelity
relaxation
of
42
EVASION THROUGH
NEGLIGENCE
1.
2.
3.
225
226
ESCAPE OF PRISONER
UNDER CUSTODY OF
THIRD PERSON
REMOVAL,
CONCEALMENT OR
DESTRUCTION OF
DOCUMENTS
1.
2.
3.
4.
1.
2.
3.
4.
public officer
charged
with
the
conveyance or custody of
a prisoner
such prisoner escapes
through negligence
private person
charged
with
the
conveyance or custody of
a prisoner
such prisoner escapes
consent/negligence
public officer
abstracts,
destroys,
conceals documents or
papers
such documents or papers
are entrusted to the
offender by virtue of his
office
damage to a third party or
the public interest
is
as
43
228
OPENING OF CLOSED
DOCUMENTS
229
REVELATION OF
SECRETS
This
crime
involves
the
disclosure of secrets known by a
public officer due to his official
capacity.
1.
2.
public officer
charged with custody of
papers or property
3. such papers or property
are sealed by proper
authority
4. breaking the seals, or
permitting their breaking
1. public officer
2. charged with custody of
closed papers or property
3. opening or permitting to
be opened such closed
papers or property
4. without proper authority
Revelation of Secrets:
1. public officer
2. a secret known due to his
official capacity
3. revealing secret without
authority or justifiable
reasons
4. damage to the public
interest
Revealing
Secrets
by
Wrongfully
Delivering
Papers:
1. public officer
2. in charge of papers
3. papers must NOT be
published
44
custody: guarding or
keeping safe
damage or intent to
cause damage NOT an
element of the offense
REVEALING SECRETS OF
PRIVATE INDIVIDUALS
1.
2.
3.
231
OPEN DISOBEDIENCE
1.
2.
3.
4.
232
DISOBEDIENCE TO
ORDER OF SUPERIOR
This
crime
involves
the
suspension of the lawful order of
a superior.
1.
2.
3.
4.
5.
45
damage to
persons
necessary
private
NOT
233
234
235
REFUSAL OF
ASSISTANCE
REFUSAL TO DISCHARGE
ELECTIVE OFFICE
MALTREATMENT OF
PRISONERS
1.
2.
3.
1.
2.
3.
1.
2.
3.
suspension
public officer
demand from competent
authority
malicious
failure
to
cooperate
offender is elected by
popular election
refusal to be sworn in or
to discharge the duties of
his office
no legal motive
public officer
in charge of a prisoner or
a detention prisoner
maltreatment
in
the
following manner:
(a) overdoing correction
by:
(1)
imposition
unauthorized
punishments,
of
236
ANTICIPATION OF
DUTIES
1.
46
damage
to
public
interest is essential in
this felony
NOT applicable
appointive officers
to
2.
3.
4.
237
PROLONGING
PERFORMANCE OF
DUTIES
1.
2.
3.
238
ABANDONMENT OF
OFFICE
1.
2.
3.
4.
by
election
or
appointment
requirement of swearing
in or payment of bond
assumption of office
non-compliance with the
requirement
offender holds a public
office
period for holding such
office has already expired
offender continues to
exercise the duties and
powers of the office
public officer
formal resignation from
his position
resignation has NOT been
accepted
abandoning office to the
detriment of the public
service
47
a written or formal
resignation
is
necessary
the offense is qualified
in the crimes of (1)
treason, (2) conspiracy
and
proposal
to
commit treason, (3)
misprision of treason,
(4)
espionage,
(5)
inciting to war or
giving motives for
reprisal, (6) violation
of
neutrality,
(7)
correspondence with
hostile country, (8)
flight
to
enemy
country, (9) piracy and
48
USURPATION OF
LEGISLATIVE POWERS
1.
2.
240
USURPATION OF
EXECUTIVE FUNCTIONS
1.
2.
241
USURPATION OF
JUDICIAL FUNCTIONS
1.
2.
offender is an executive or
judicial officer
he (1) makes general rules
and regulations beyond
his scope of authority, (2)
attempts to repeal a law,
(3)
suspends
the
execution thereof
offender is a judge
he (1) assumes a power
pertaining
to
the
executive authorities, (2)
obstructs the executive
authorities in their lawful
exercise of powers
offender is an executive
officer
he (1) assumes judicial
powers, (2) obstructs the
execution of any order or
242
DISOBEYING REQUEST
FOR DISQUALIFICATION
1.
2.
3.
4.
5.
243
ORDERS OR REQUESTS
BY EXECUTIVE OFFICERS
TO ANY JUDICIAL
AUTHORITY
1.
2.
3.
244
UNLAWFUL
APPOINTMENTS
1.
2.
3.
4.
245
ABUSES AGAINST
CHASTITY
1.
2.
49
recommending
a
person does NOT
equate to nominating
or appointing him
3.
advances to a woman
such woman has the
characteristics
in
the
definition
50
definition
soliciting means an
earnest and persistent
proposal
consummated by mere
proposal
proof of solicitation is
NOT necessary when
there
is
sexual
intercourse
o
o
o
o
51
bribery
fraudulent conveyance of public property
establishing monopolies
taking advantage of public office
FELONY
PARRICIDE
DEFINITION
In parricide, the offender kills one
of his family.
1.
2.
3.
ELEMENTS
a person is killed
deceased
killed
the
accused
deceased is the father,
mother, child (legitimate
or
illegitimate),
ascendant/descendant
(legitimate) or spouse
247
DEATH OR PHYSICAL
INJURIES INFLICTED IN
EXCEPTIONAL
CIRCUMSTANCES
NOTES
the relationship of the
offender
with
the
victim is the essential
element of parricide
the child should NOT
be less than 3 years old
the spouse must be
legitimate
relationship must be
alleged
parricide
may
be
committed by reckless
imprudence
parricide
may
be
committed by mistake
a stranger cooperating
in parricide is liable
for
murder
or
homicide
Art. 247 does NOT
define and penalize a
felony
the accused must be a
248
MURDER
1.
2.
3.
4.
1.
2.
3.
treachery
in consideration of a
price, reward or promise
by means of inundation,
fire, poison, explosion,
shipwreck, stranding of a
vessel, derailment of a
locomotive, fall of an
52
legally married
the wife is entitled to
the benefits of Art. 247
applicable
ONLY
when the accused sees
his spouse/daughter
in the act of sexual
intercourse
NO criminal liability
for
inflicting
less
serious/light physical
injuries
NOT applicable to
person who consented
to the infidelity of the
spouse
destierro
NOT
intended as a penalty
murder will exist with
only one of the
circumstances present
when
other
circumstances
are
absorbed or included
in
one
qualifying
circumstance,
they
cannot be considered
as generic aggravating
any of the qualifying
circumstances must be
alleged
in
the
information
4.
5.
6.
airship, by means of
motor vehicles, or any
other artifice involving
great waste or ruin,
occasion of a calamity
evident premeditation
cruelty, or outraging or
scoffing at his person or
corpse
249
HOMICIDE
1.
2.
3.
53
killing a child of
tender years is murder
treachery
and
premeditation
are
inherent in murder by
poison
treachery is employing
means, methods and
forms of attack to
insure impunity
cruelty
is
present
when other injuries are
inflicted deliberately
by the offender which
are NOT necessary for
killing him
evident premeditation
is present when (1) the
offender
was
determined to kill the
victim, (2) clung to his
determination, and (3)
a sufficient lapse of
time
between
the
determination
and
execution of the killing
RP
becomes
the
penalty for killing a
victim < 12 years old
intent
to
kill
is
conclusively presumed
when death result
251
DEATH CAUSED BY A
TUMULTUOUS AFFRAY
1.
2.
3.
4.
5.
several persons
they did NOT compose
groups organized for a
common
purpose
of
assaulting or attacking
each other
quarrel in a tumultuous
and confused manner
someone was killed
cannot be ascertained
who actually killed the
deceased
54
evidence of intent is
important only in
attempted
or
frustrated homicide
the killing must NOT
be justified (cf. Art. 11,
RPC)
use of an unlicensed
firearm
is
an
aggravating
circumstance
in
homicide
in all crimes against
persons where the
victims death is an
element of the offense,
there must be evidence
of (1) fact of death, and
(2) identity of the
victim
tumultuous
affray
exists when at least 4
persons took part
NO tumultuous affray
when there are 2
identified groups of
men
252
PHYSICAL INJURIES
INFLICTED IN A
TUMULTUOUS AFFRAY
1.
2.
3.
4.
253
GIVING ASSISTANCE TO
SUICIDE
254
DISCHARGE OF
FIREARMS
1.
1.
2.
offender discharges a
firearm against or at
another person
offender has NO intention
to kill that person
55
56
INFANTICIDE
1.
2.
3.
256
INTENTIONAL
ABORTION
Unintentional Abortion:
1. a pregnant woman
2. violence was used upon a
pregnant woman without
the
penalty
for
infanticide must be
taken from murder or
parricide, depending
on the circumstances
of the case
concealing dishonor is
NOT an element of
infanticide
only the mother and
maternal grandparents
of the child are entitled
to
the
mitigating
circumstance
of
concealing dishonor
a mother who claims
concealing
dishonor
must be of good
reputation
there is NO crime of
infanticide where the
child was born dead,
or could not sustain an
independent life when
killed
abortion:
willful
killing of the fetus, or
its violent expulsion
resulting to its death
3.
4.
257
UNINTENTIONAL
ABORTION
258
ABORTION BY THE
WOMAN HERSELF
259
ABORTION BY A
PHYSICIAN
intending an abortion
violence was intentionally
exerted
the fetus dies as a result of
the violence
Intentional Abortion:
1. a pregnant woman
2. violence is exerted, or drugs
or beverages administered
3. fetus dies as a result
4. abortion is intended
cf. Art. 256 (1), RPC
1.
57
unintentional abortion
may be committed
through imprudence
unintentional
homicide
may
be
complexed
with
homicide
fetus may be over or
less than 6 months old
unintentional abortion
may be complexed
with parricide
liability
of
the
pregnant woman is
mitigated when the
purpose is to conceal
dishonor
(NO
mitigation
for
the
womans parents for
the same purpose)
4.
260
DUEL
261
CHALLENGING TO A
DUEL
262
MUTILATION
58
Pharmacist:
1. offender is a pharmacist
2. NO proper prescription
from a physician
3. offender dispenses any
abortive
1. offender does the act
described in the definition
1.
2.
RP as the penalty
when the victim is
under 12 years old
mutilation occurred
deliberate and purposeful
manner
SERIOUS PHYSICAL
INJURIES
1.
59
serious
physical
injuries occurs when a
person (1) becomes
insane,
imbecile,
impotent or blind, (2)
loses use of speech,
power to hear or smell,
loses an eye, hand,
foot, arm or leg, or
becomes incapacitated,
(3) becomes deformed,
loses
any
other
member of his body,
loses the use thereof,
or becomes ill or
incapacitated > 90
days, (4) becomes ill or
incapacitated [30 days
< number of days < 90
days]
NO intent to kill
on impotence: victim
must NOT be able to
procreate
loss of BOTH eyes
[Art. 263 (1)], loss of
ONE eye [Art. 263 (2)]
loss of use of hand or
incapacity for usual
work
must
be
permanent [Art. 263
(2)]
264
ADMINISTERING
INJURIOUS SUBSTANCES
1.
2.
3.
265
60
on deformity: physical
ugliness, permanent,
definite, conspicuous
and
visible
abnormality
must
result
loss of teeth may be
considered
as
a
deformity
medical attendance is
NOT important in
serious
physical
injuries
qualified
serious
physical
injuries:
attendance of any
circumstance inherent
in parricide (Art. 246)
or murder (Art. 248)
frustrated
murder
occurs when there is
intent to kill
Art. 264 does NOT
apply
when
less
serious
or slight
physical injuries result
medical
attendance
and
incapacity
is
required in less serious
physical injuries
less serious physical
injuries are qualified
61
SLIGHT PHYSICAL
INJURIES
266-A
RAPE
when there is NO
evidence of actual
injury = slight physical
injuries
62
testimony of a woman
penetration of the labia
consummates rape
NO crime of frustrated
rape being a crime of
result
resignation
to
consummated act is
NOT consent
2 or more offenders
who rape a victim will
be liable for multiple
counts of rape, with
one count for every act
of sexual intercourse
rape is qualified under
the following cases: (1)
homicide, (2) victim is
< 18 and offender is a
relative within the 3rd
civil degree, (3) victim
is under custody of the
police
or
military
authorities, (4) rape is
committed in full view
of relatives within the
3rd civil degree, (5)
victim is a religious,
(6) victim is a child < 7
years old, (7) offender
knows he has HIV, (8)
offender is a member
63
64
sexual activity (which does NOT constitute rape) through force, threat, intimidation
engaging in purposeful, knowing or reckless conduct that causes substantial distress
causing mental and emotional anguish, public ridicule or humiliation
FELONY
KIDNAPPING AND
SERIOUS ILLEGAL
DETENTION
DEFINITION
Kidnapping involves detaining
another person and depriving
him of his liberty.
1.
2.
3.
4.
ELEMENTS
offender is a private
individual
offender kidnaps or detains
another, or deprives the
victim of his liberty
act
of
detention
or
kidnapping is illegal
any of the circumstances is
present: (1) kidnapping or
detention last > 3 days, (2)
simulating public authority,
(3) serious physical injuries
are inflicted or threats to kill
the victim are made, (4)
person kidnapped is a
minor, female or a public
officer
NOTES
if the offender is a
public official, crime is
arbitrary
detention
(Art. 124, RPC)
ransom: money, price
or
consideration
demanded
intention to deprive
the victim of his liberty
for extorting ransom is
essential
in
kidnapping
actual demand for
ransom
NOT
necessary
detention or locking
up of the victim is
essential
restraint need NOT be
permanent
kidnapping may be
complexed
with
murder
maximum penalty is
268
SLIGHT ILLEGAL
DETENTION
1.
2.
3.
4.
269
UNLAWFUL ARREST
Unlawful
arrest
involves
capturing a person and detaining
another
without
reasonable
ground.
1.
2.
3.
270
KIDNAPPING AND
1.
offender is a private
individual
offender kidnaps or detains
another
act of kidnapping or
detention is illegal
crime is committed without
the attendance of any of the
circumstances in Art. 267
65
271
INDUCING A MINOR TO
ABANDON HIS HOME
2.
1.
2.
272
SLAVERY
273
CHILD LABOR
274
SERVICES IN PAYMENT
OF DEBTS
275
ABANDONMENT
1.
2.
1.
2.
3.
1.
2.
3.
1.
2.
66
qualifying
circumstance:
illicit/immoral traffic
indebtedness is NOT a
ground for detention
276
ABANDONING A MINOR
4.
1.
2.
3.
4.
dying
accused can render help
without danger to himself
failure to render assistance
offender has custody of a
child
child < 7 years of age
abandoning such child
NO intent to kill the child
another
277
ABANDONMENT OF A
MINOR, INDIFFERENCE
OF PARENTS
Abandonment:
1. offender has charge of
rearing/educating
the
minor
2. offender delivers minor
3. one entrusted to does
NOT have consent
Indifference of Parents:
1. offender is a parent
2. neglect of child
3. station in life require
such education and the
financial
condition
permits it
67
280
EXPLOITATION OF
MINORS
TRESPASS TO DWELLING
1.
1.
2.
3.
68
qualifying
circumstance:
consideration of any
price, compensation or
promise
offender
shall
be
deprived of parental
authority
or
guardianship
exploitation of minor
must refer to act
endangering the life
and safety of the
minor
violence
or
intimidation qualifies
the offense
dwelling: a building or
structure devoted for
rest and comfort
entrance
must
be
against presumed or
express prohibition of
the occupant
opposition from the
resident
may
be
present in trespass to
dwelling
entering late at night is
presumed to be a
trespass
prohibition is implied
281
OTHER FORMS OF
TRESPASS
1.
2.
3.
4.
282
GRAVE THREATS
1.
2.
3.
offender
enters
closed
premises or fenced estate
uninhabited
prohibition to enter is
manifest
no permission from owner
or caretaker
threats with the infliction of
harm upon ones person,
honor or property (or to his
family)
without
attaining
the
purpose
threat NOT being subject to
a condition
69
in entrance through a
window
prohibition must be in
existence prior to or at
time of entrance
trespass
may
be
committed by
the
owner of the dwelling
in relation to entering
against the will of an
actual occupant
if there is NO overt act
of
the
crime
committed, crime is
only
trespass
to
dwelling
283
LIGHT THREATS
1.
2.
3.
4.
285
286
GRAVE COERCIONS
1.
1.
70
blackmailing may be
punished under Art.
283
threats
which
are
ordinarily
grave
threats may be other
light threats in the heat
of anger
2.
3.
71
LIGHT COERCIONS
Light
coercions
involve
a
creditors forcible seizure of the
debtors property.
1.
2.
3.
4.
288
OTHER SIMILAR
COERCIONS
72
offender must be a
creditor, NOT just a
co-owner
taking
possession
through deceit and
misrepresentation
is
unjust vexation
NO need for actual
physical violence
unjust
vexation:
human conduct that
unjustly annoys or
vexes an innocent
person
NO
violence
or
intimidation in unjust
vexation
289
FORMATION,
MAINTENANCE AND
PROHIBITION OF
COMBINATION OF
CAPITAL OR LABOR
1.
2.
290
DISCOVERING SECRETS
THROUGH
CORRESPONDENCE
1.
2.
3.
4.
291
REVEALING SECRETS
WITH ABUSE OF OFFICE
1.
2.
3.
292
REVEALING OF
INDUSTRIAL SECRETS
1.
2.
3.
violence or threats
purpose
to
organize,
maintain
or
prevent
coalitions
of
capital/labor,
strike/lockout
private individual or
public officer NOT in the
exercise of his functions
seizure
of
anothers
papers
purpose
to
discover
secrets
offender is informed of
the contents of the papers
seized
offender is a manager,
employee or servant
offender learned secrets in
such capacity
offender reveals such
secrets
offender is a person in
charge,
employee
or
workman
offender learned a secret
in such industry
offender reveals such
secrets
73
seize: to place in
control of someone, to
give him possession
contents
must
be
known to the offender
revealing the secret to
a third person qualifies
the offense
damage
is
NOT
necessary in this article
74
FELONY
ROBBERY WITH
VIOLENCE OR
INTIMIDATION OF
PERSONS
DEFINITION
Robbery is defined with the
taking of anothers personal
property, with intent to gain, by
means of violence against or
intimidation of any person, or
using force upon anything.
(Note: Arts. 297-302 define robbery
in its different stages of commission
OR
its
different
attendant
circumstances.)
1.
2.
3.
4.
ELEMENTS
personal
property
belonging to another
unlawful taking of such
property
intent to gain
violence
against
or
intimidation
of
any
person or force upon
anything
NOTES
prohibited
articles
may be the subject
matter of robbery
possession of stolen
property is sufficient
to constitute robbery
taking must be against
the owners will
intent to gain (animus
lucrandi)
presumed
from unlawful taking
violence
or
intimidation must be
against the offended
party, NOT upon the
thing taken
intimidation
need
NOT be the threat of
bodily harm
violence
or
intimidation must be
present before the
taking of the personal
property is complete
robbery
may
be
complexed with (1)
homicide, (2) rape, (3)
75
intentional mutilation,
(4) serious physical
injuries
taking of personal
property need NOT be
immediately after the
intimidation
RA
7659,
which
amended RA 6539,
penalizes carnapping
with heavier penalties
in order to appreciate
robbery as a special
complex crime, the
other felony (ie. rape)
must occur on the
occasion or by reason
of the robbery
homicide
contemplated in Art.
294 is generic killing
all
homicides
are
merged into one count
of
robbery
with
homicide
treachery inherent in
murder becomes a
generic
aggravating
circumstance
(NO
such thing as robbery
with murder!)
in
robbery
with
76
77
ATTEMPTED AND
FRUSTRATED ROBBERY
298
EXECUTION OF DEEDS
BY VIOLENCE OR
INTIMIDATION
1.
2.
3.
299
ROBBERY IN AN
INHABITED HOUSE,
PUBLIC BUILDING,
EDIFICE FOR WORSHIP
1.
2.
intent
to
defraud
another
offender
compels
another to sign, execute
or deliver any public
instrument
or
document
compulsion via violence
or intimidation
offender entered (1) an
inhabited place, (2)
public building, (3)
edifice
devoted
to
religious worship
entrance was effected
by any of the following
means: (1) openings not
NOT applicable
void documents
to
3.
302
ROBBERY IN AN
UNINHABITED PLACE
1.
2.
3.
CRIMINAL LAW 2 REVIEWER
Patrick Alcantara (UP Law E2015)
offender entered an
uninhabited place or
building
any of the following
circumstances
are
present: (1) openings
not
intended
for
entrance or egress, (2)
breaking any wall, roof,
floor, door or window,
(3) false keys, picklocks,
(4) door, wardrobe,
chest or any sealed or
closed furniture was
broken,
(5)
closed/sealed
receptacle
was
removed, even if the
same was broken open
elsewhere
intent to gain personal
78
public
building:
building owned, used,
rented
by
the
Government
any of the 4 means
must be used to enter,
NOT get out
the whole body of the
culprit must be inside
the
building
to
constitute entering
breaking padlock is
force upon things
higher penalties for
taking mail matter or
large cattle
lower
penalty
for
taking cereals, fruits or
firewood (Art. 303,
RPC)
304
POSSESSION OF
PICKLOCKS
306
BRIGANDAGE
307
308
THEFT
property belonging to
another
1. possession of picklocks and
similar tools
2. specially adopted for the
purpose of robbery
3. NO lawful cause for such
possession
1. at least 4 armed persons
2. forming a band of robbers
3. purpose:
(1)
highway
robbery, (2) kidnapping for
ransom, (3) other purposes
attained by means of force
or violence
1.
2.
band of brigands
offender knows the band
to be brigands
3. any of the following acts:
(1) aids, abets or protects
them, (2) gives them
information
of
the
movements of the police
or
Government,
(3)
acquires
or
receives
property taken by such
brigands.
1. taking of personal property
2. property belongs to another
3. taking with intent to gain
4. taking without consent
5. taking
accomplished
79
if any member of a
group
carries
an
unlicensed firearm, the
law
presumes
brigandage
highways include city
streets
PD
532
brigandage
theft is consummated
when full possession is
complete
sufficient gain may be
derived
from
penalizes
without
intimidation,
things
violence,
force upon
310
QUALIFIED THEFT
80
borrowing a thing
without permission
actual or real gain,
NOT necessary in theft
failure to deliver lost
property is also theft
presumption of theft
in the possession of
stolen property
PD
581
penalizes
highgrading or theft of
gold ores or goldbearing rocks
PD 401 penalizes the
use of tampered water
or electrical meters
theft
is
NOT
a
continuing offense
the
abuse
of
confidence must be
grave
theft by housemate is
NOT always qualified
theft by laborer is NOT
qualified theft
theft of any material or
spare
part
by
employees is qualified
PD 533 penalizes cattle
rustling
PD 1612 penalizes
fencing or profiting
81
THEFT OF THE
NATIONAL LIBRARY
AND MUSEUM
312
OCCUPATION OF REAL
PROPERTY
1.
2.
3.
313
314
ALTERING BOUNDARIES
OR LANDMARKS
FRAUDULENT
INSOLVENCY
4.
1.
2.
1.
2.
3.
315
ESTAFA
actual prejudice is
necessary
real property may be
involved
1.
2.
(Note: Arts. 316-318 define estafa in
its
different
attendant
circumstances.)
deceit
NOT
an
essential requisite in
estafa with abuse of
confidence
elements of estafa with
unfaithfulness:
(1)
onerous obligation, (2)
altering
substance,
quantity or quality, (3)
damage or prejudice to
another
elements of estafa with
82
abuse of confidence:
(1) money, goods or
other
personal
property received by
the offender in trust,
administration
or
commission,
(2)
misappropriation
or
conversion of such, (3)
prejudice to another,
(4) demand made by
the offended party to
the offender
criminal liability for
estafa NOT affected by
novation of contract
elements of estafa by
taking
undue
advantage
of
the
signature in blank: (1)
paper with signature
in blank, (2) offended
party delivered such to
the offender, (3) above
the
signature,
a
document was written
without consent, (4)
document creates a
liability
or
causes
damage
elements of estafa by
means of deceit: (1)
83
false
pretense,
fraudulent
act
or
means, (2) executed
prior
to
or
simultaneously with
the commission of the
fraud, (3) offended
party relied on such
false pretense, etc., (4)
damage
to
the
offended party
elements of estafa by
postdating a check: (1)
postdated check, or a
check in payment of
an
obligation,
(2)
postdating a check
with NO funds in the
bank or insufficient
funds
BP
22
penalizes
issuing
bouncing
checks [Elements: (1)
issuance of check, (2)
issued to apply on
account or for value,
(3) person who issues
such check knows that
he does NOT have
sufficient funds, (4)
check is dishonored
elements of estafa by
316
OTHER FORMS OF
ESTAFA
1.
2.
84
obtaining
food
or
accommodation:
(1)
obtaining
food
or
accommodation,
(2)
obtaining credit by
false
pretense,
(3)
abandoning
or
surreptitiously
removing
part
of
baggage
without
paying
elements of estafa by
inducing to sign a
document: (1) offender
induced another to
sign a document, (2)
deceit, (3) offended
party
personally
signed the document,
(4) prejudice be caused
elements of estafa by
removing, concealing
or
destroying
documents:
(1)
documents or other
papers, (2) offender
removed, concealed or
destroyed any of them,
(3) offender had intent
to defraud another
representation as owner
execution of an act of
ownership
prejudice to a third person
85
317
SWINDLING A MINOR
1.
2.
3.
4.
318
OTHER DECEITS
319
REMOVAL, SALE OR
PLEDGE OF MORTGAGED
PROPERTY
1.
2.
3.
4.
personal
property
mortgaged
under
the
Chattel Mortgage Law
offender
knows
such
property is mortgaged
removal of such mortgaged
personal property
permanent removal
86
real
property NOT
included
this
Article
contemplates such acts
like
defrauding/damaging
another through any
other deceits or by
taking advantage of
the publics credulity
ARSON
327
MALICIOUS MISCHIEF
of
1.
2.
3.
328
SPECIAL CASES OF
MALICIOUS MISCHIEF
330
DAMAGE AND
OBSTRUCTION TO
MEANS OF
COMMUNICATION
DESTROYING PUBLIC
MONUMENTS
331
NO written consent
87
means of deceit
if there is NO malice,
there is ONLY civil
liability
88
FELONY
ADULTERY
DEFINITION
Adultery is sexual intercourse by
a married woman with a man
NOT her husband.
1.
2.
3.
ELEMENTS
woman is married
she has sexual intercourse
with a man NOT her
husband
man must know her to be
married
NOTES
334
CONCUBINAGE
1.
2.
married man
does any of the following
acts:
(1)
keeping
a
mistress in the conjugal
dwelling,
(2)
having
sexual intercourse under
scandalous circumstances,
(3) cohabiting with a
concubine in another
place
89
evidence
each
sexual
intercourse constitutes
an act of adultery
abandonment without
justification by the
husband is only a
mitigating
circumstance
acquittal of one of the
defendants (woman &
paramour) may not
cause an acquittal for
the other
death of the paramour
will
NOT
bar
prosecution of the wife
act of intercourse with
the
wife
after
adulterous intercourse
operates as an implied
pardon
a married man is NOT
liable for concubinage
for
mere
sexual
relations
with
a
woman not his wife
NO
evidence
of
scandalous
circumstance
when
spies are employed
ACTS OF
LASCIVIOUSNESS
1.
2.
3.
337
QUALIFIED SEDUCTION
1.
2.
3.
4.
90
338
SIMPLE SEDUCTION
1.
2.
3.
4.
339
CONSENTED ACTS OF
LASCIVIOUSNESS
1.
2.
3.
91
virginity of offended
party NOT required
deceit may take the
form of unfulfilled
promise of marriage or
unfulfilled promise of
material things
NO continuing offense
of seduction
340
CORRUPTION OF
MINORS
This
provision
is
amended by BP 92 and
RA 7610.
341
This
provision
is
amended by BP 186.
342
FORCIBLE ABDUCTION
1.
abduction of a woman
2.
3.
343
CONSENTED
ABDUCTION
1.
2.
3.
4.
92
be victims of forcible
abduction
chastity of woman is
immaterial
sexual intercourse is
NOT necessary in
forcible abduction
forcible abduction may
be complexed with
rape
if virgin is under 12,
crime
is
forcible
abduction
offended party need
NOT be taken from
her house
Art. 343 contemplates
an active physical
agency instrumental in
causing the female to
leave or abandon her
house
consented abduction
may be complexed
with rape
FELONY
SIMULATION OF BIRTHS
DEFINITION
This crime involves the loss of
ELEMENTS
Simulation of Births
NOTES
principals in simulation of
348
USURPATION OF CIVIL
STATUS
1.
Abandoning a Legitimate
Child
1. legitimate child
2. offender
conceals
or
abandons child
3. intent for child to lose
civil status
1.
349
BIGAMY
1.
2.
3.
4.
offender
is
legally
married
marriage NOT dissolved
or absent spouse NOT
presumed dead
2nd
or
subsequent
marriage
2nd
or
subsequent
marriage otherwise has
validity
93
usurpation of profession is
also covered in this Article
intent to enjoy rights arising
from civil status is essential
purpose of defrauding the
offended party qualifies the
crime
first marriage must be valid
nullity of marriage is NOT
a defense in a bigamy
charge (Persons: The nullity
of marriage must be
attacked
directly,
not
collaterally.)
causes that may produce
legal
dissolution
of
marriage: (1) death, (2)
declaration of absolute
nullity, (3) annulment
defense has the burden of
proof of dissolution of first
350
MARRIAGES
CONTRACTED AGAINST
PROVISIONS OF LAW
1.
2.
offender
contracted
marriage
knowledge of: (a) noncompliance
of
legal
requirements,
(b)
marriage
was
in
disregard of a legal
impediment
94
marriage
2nd
spouse
is
NOT
necessarily
liable
for
bigamy, unless he/she has
knowledge
witness
who
falsely
vouched for the capacity of
either contracting parties is
an accomplice to bigamy
a bigamy charge does not
preclude prosecution for
concubinage
marriages contracted by
means
of
violence,
intimidation
or
fraud
qualify the offense
requisites for a valid
marriage (Art 2-3, FC): (1)
legal capacity, (2) consent
freely given, (3) authority of
solemnizing officer, (4)
marriage
license,
(5)
ceremony
351
PREMATURE
MARRIAGES
1.
offender
contracts
marriages within 301
days after the legal
dissolution of a previous
one
due
to
death,
declaration of absolute
nullity or annulment
this
provision
covers
widows and women whose
previous marriages have
been annulled
352
PERFORMANCE OF
1.
offender is a solemnizing
offender
must
be
officers
who
knowingly
authorizes marriages which are
in
disregard
of
legal
impediments.
2.
officer
offender
knowingly
solemnizes marriage in
disregard of a legal
impediment
authorized
marriages
to
95
solemnize
FELONY
LIBEL
DEFINITION
Libel is a defamation coursed
through
the
mass
media
(newspapers, radio, plays, etc.)
ELEMENTS
Elements of Defamation:
1. imputation of (a) criminal
act, (b) vice or defect, (c)
act or omission, (d)
condition,
status
or
circumstance
2. publicity
3. malice
4. directed to a person or
one who is dead
5. tendency
to
cause
dishonor, discredit or
contempt
NOTES
libel:
public
and
malicious imputation
of a crime, vice or
defect,
real
or
imaginary, or any act,
condition, status or
circumstance tending
to
cause
the
dishonour, discredit or
contempt of a natural
or juridical person, or
to blacken the memory
of one who is dead
(Art. 353, RPC)
test of defamatory
character: constructing
words in their entirety
and in their plain
meaning
meaning of the writer
356
THREAT TO PUBLISH
357
PROHIBITED
PUBLICATION
This
crime
involves
(1)
threatening another to publish a
libel, (2) offering to prevent
publication for compensation.
This
crime
involves
the
publication of acts referred in the
course of official proceedings
1.
1.
offender is a reporter,
editor or manager
publication of facts about
the private life of another
facts are offensive to the
honor,
virtue
and
reputation of the said
2.
3.
96
is immaterial
publication:
communication
of
defamatory matter to
some third person or
persons
malice
must
be
proved, either in fact
(based from proof of ill
will)
or
in
law
(presumed
in
a
defamatory
imputation)
identification
of
injured party essential
EXCEPTIONS
for
defamatory
imputation: (1) private
communication in the
performance of duty,
(2) fair and true report
a source of a news
report may NOT be
revealed
97
person
358
SLANDER
This
crime
involves
defamation of another.
oral
359
SLANDER BY DEED
1.
2.
3.
363
INCRIMINATING
INNOCENT PERSONS
1.
2.
3.
364
INTRIGUING AGAINST
HONOR
1.
slander:
oral
defamation
two kinds, simple and
grave slander
need NOT be heard by
the offended party
limited to planting
evidence and similar
behavior
FELONY
IMPRUDENCE AND
NEGLIGENCE
DEFINITION
Imprudence and negligence are
NOT crimes in themselves; these
are ways in which crimes are
committed. Both refer to a lack of
precaution which result to
injurious consequences.
ELEMENTS
Reckless Imprudence
4. offender does or fails to
do an act
5. doing/failure to do is
voluntary
6. without malice
7. inexcusable
lack
of
precaution, taking into
consideration:
(a)
employment
or
occupation, (b) degree of
intelligence,
physical
condition,
(c)
other
circumstances regarding
persons, time and place
NOTES
Simple Imprudence
1. lack of precaution on the
part of the offender
2. damage impending to be
cause is NOT immediate
or the danger is not
clearly manifest
98
99