[JUSTICE SANDOVAL LECTURE NOTES]

CRIMES INVOLVING PRISONERS

Articles 156-160, 223-225, 235&245
Evasion of Service of Sentence
Art. 156. Delivery of prisoners from jails any
person who shall remove from any jail or penal
establishment any person confined therein or shall help
the escape of such person, by means of violence,
intimidation, or bribery.

Escape of the prisoner may also take place

outside of said establishments by taking the
guards by surprise.
Escape may also be made by any other means.
As long as you help in escape, you are
liable under this article.
Prisoner contemplated:
I.
a detention prisoner
II.
a prisoner who is already serving a
sentence
III.
a person who is already in custody of
proper authority
One who helped must be a private person, if
it is a custodian > liable under Article 223.

Art. 157. Evasion of service of sentence Any

convict who shall evade service of his sentence by
escaping during the term of his imprisonment by
reason of final judgment.

Contemplates a prisoner already serving a

sentence by reason of a final judgment.
Escape must be without help of another private
person or custodian. If with the help of another
convict or an employee of the penal
establishment, crime is qualified.
Not applicable to sentence executed by
deportation.
Applicable to sentence of destierro.

Art. 158. Evasion of service of sentence on the

occasion
of
disorder,
conflagrations,
earthquakes, or other calamities A convict who
shall evade the service of his sentence, by leaving the
penal institution where he shall have been confined, on
the occasion of disorder resulting from a conflagration,
earthquake, explosion, or similar catastrophe, or during
a mutiny in which he has not participated.

If failed to give himself up to the

authorities within 48 hours (2 days) following
the issuance of a proclamation by the Chief
Executive announcing the passing away of
such calamity:
I.
1/5 increase of the time still remaining
to be served under the original
sentence, which in no case shall
exceed six months.
If he give himself up to the authorities
within 48 hours (2 days) following the issuance
of a proclamation by the Chief Executive
announcing the passing away of such calamity:

II.

1/5 deduction of the period of his

sentence. Did not provide if deduction
may exceed 6 months.
If never left:
III.
2/5 deduction of the period of his
sentence.

Art. 159. Other cases of evasion of service of

sentence A convict who, having been granted
conditional pardon by the Chief Executive, shall violate
any of the conditions of such pardon.

If the penalty remitted by the granting of such

pardon be higher than six years, the convict
shall suffer the unexpired portion of his original
sentence.

Liable even if violated a mere municipal

ordinance such as anti-littering or any law
which is penal in nature.
Question: Husband saw his Wife having sexual
intercourse with another man. He killed them both. Is
he liable under this section?
Answer: Yes, since there is a penalty of destierro for
his act under Art. 247. Destierro is a penalty under
Article 25.

Infidelity in the Custody of Prisoners

Art. 223. Conniving with or consenting to
evasion Any public officer who shall consent to the
escape of a prisoner in his custody or charge.

Any custodian who helps the escape of a

prisoner
(detention,
already
serving
a
sentence, already in custody)

Art. 224. Evasion through negligence If the

evasion of the prisoner shall have taken place through
the negligence of the officer charged with the
conveyance or custody of the escaping prisoner.

Contemplates the presence of negligence by

the custodian. If by private person, liable under
Article 225.
Examples:
I.
Custodian tinali yung door ng prison
cell, tapos pinutol ng mga prisoners
yung tali then naka-takas sila.
II.
Mayor pinagluto yung prisoner sa
bahay nila tapos sabi nya magdala sya
ng food sa family nya, kahit bumalik
yung prisoner sa prison liable si mayor.
Why? Kasi courts lang ang pwede
magpalaya.

Art. 225. Escape of prisoner under the custody of

a person not a public officer Any private person
to whom the conveyance or custody or a prisoner or
person under arrest shall have been confided, who
shall commit any of the offenses mentioned in the two
preceding articles.

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Contemplates negligence by a private person

in custody of a prisoner or person under arrest.
Example:
I.
Pinahawak sayo yung nakaposas na
prisoner at pumayag ka kasi may
hahabulin pa si chief. Pagnakatakas,
liable ka under this article.

Other offenses or Irregularities by Public

Officers
Art. 235. Maltreatment of prisoners Imposition
of punishment not authorized by the regulations, or by
inflicting such punishment in a cruel and humiliating
manner.

Contemplates inhumane disciplinary methods.

Example:
I.
Sinabi ni warden na linisin ang kanal.
Not liable si warden under this article.
Not inhumane.
II.
Sinabi ni warden na linisin ang kanal at
walang kakain from 8am to 5am
hanggat hindi natatapos ang paglilinis.
Liable si warden under this article.

Art. 245. Abuses against chastity

Any public officer who shall solicit or make

immoral or indecent advances to a woman
interested in matters pending before such
officer for decision, or with respect to which he
is required to submit a report to or consult with
a superior officer;

Any warden or other public officer directly

charged with the care and custody of prisoners
or persons under arrest who shall solicit or
make immoral or indecent advances to a
woman under his custody.

If the person solicited:

I.
the wife,
II.
daughter,
III.
sister or
IV.
relative within the same degree by
affinity of any person in the custody of
such warden or officer.
Mother not included. But liable under RA ????
Solicitation from transgender or a man not
included. Dapat sa natural girl lang!

CRIMES INVOLVING ASSAULT, RESISTANCE

AND DISOBEDIENCE TO PERSONS IN
AUTHORITY & THEIR AGENTS
Articles 148 & 149
Art. 148. Direct assaults Any person or persons
who, without a public uprising, shall employ force or
intimidation for the attainment of any of the purpose
enumerated in defining the crimes of rebellion and
sedition, or shall attack, employ force, or seriously
intimidate or resist any person in authority or any of his
agents, while engaged in the performance of official
duties, or on occasion of such performance.

Offender must know that the person he attacks

is a person in authority or agent thereof. If not,
there is no direct assault.
I.
Light push, tap or light whack to
PERSON IN AUTHORITY, already a
direct assault.
II.
Light push, tap, light whack or punch to
AGENT IN AUTHORITY, no direct assault
but only resistance
III.
Reason of difference: Authority vs
Agent
Agent: Force must be serious to
show resistance
Authority: even light or nonserious
Assault must be related to the performance of
duty or its past performance. Not due to
personal issue.
Examples:
I.
X threatened Police. Police is on leave.
X said to Police Gago ka nililigawan
mo yung asawa ko then he punched
Police. There is no direct assault
because the reason is personal.
II.
X threatened Police. Police is on leave.
X said to Police Gago ka pinakulong
mo ako dati! then he punched Police.
There is direct assault because the
assault was made for the reason of Ps
past performance of duty.
III.
X saw Police who is in the street for his
duty. X went near to Police and said
Gago ka nililigawan mo yung girlfriend
ko then X shot Police. There is a direct
assault because the assault was made
when P was performing his duty. This is
a situation where the reason, personal
or duty-related, is not considered.
IV.
How about if P was already retired? No
direct assault, only homicide, because
P already becomes a private person
after his retirement.

Art. 149. Indirect assaults Any person who shall

make use of force or intimidation upon any person
coming to the aid of the authorities or their agents on
occasion of the commission of any of the crimes
defined in the next preceding article.

[JUSTICE SANDOVAL LECTURE NOTES]

A attacked Judge. B aids Judge. A1 attacked B.

Is there an indirect assault? None! This is not
what Article 152 contemplates about.

There is indirect assault when:

I.
The victim of the assault is an AGENT
of a person in authority, not when the
victim is a person in authority himself.
Because if the victim is a person in
authority himself, any person who
comes in his aid becomes his agent
and therefore any attack against the
agent is a direct assault.
So there in an indirect assault
only when the one assaulted is
a person who aids a mere
agent.

II.

UNLAWFUL MARRIAGES
Articles 349, 350, 351
Art. 349. Bigamy any person who shall contract a
second or subsequent marriage before the former
marriage has been legally dissolved, or before the
absent spouse has been declared presumptively dead
by means of a judgment rendered in the proper
proceedings.

III.

In order not to be prosecuted under this article,

there must first be a declaration of nullity of
marriage.

Art. 350. Marriage contracted against provisions

of laws any person who, without being included in
the provisions of the next proceeding article, shall have
not been complied with or that the marriage is in
disregard of a legal impediment.
Art. 351. Premature marriages any widow who
shall marry within three hundred and one day from the
date of the death of her husband, or before having
delivered if she shall have been pregnant at the time of
his death.
Any woman whose marriage have been annulled or
dissolved, if she shall marry before her delivery or
before the expiration of the period of three hundred
and one day after the legal separation.

BRIBERY
Articles 210, 211, 211-A, 212
Art. 210. Direct bribery there are three ways to
commit:
I.

By agreeing to perform an act

constituting a crime, in connection with
the performance of this official duties,
in consideration of any offer, promise,
gift or present received by such officer,
personally or through the mediation of
another.

Gift must be voluntarily offered

or solicited by officer.
Gifts need not be actually
received as long as the offer
was accepted and the officer
promised
to
commit
the
unlawful act.
Public officer to suffer penalty
corresponding to the crime
agreed upon, if the same shall
have been committed.
By
officer
accepting
gifts
in
consideration of the execution of an act
which does not constitute a crime and
the officer executed said act.
There must be an actual
receipt of the gift unlike in the
first paragraph.
Example:
Stenographer
pinalitan yung nakasulat sa
record nya. Connected sa duty
nya yung pag-falsify.
Police binalik yung stolen
cylinder tanks kapalit ng pera.
His act of receiving money was
connected with his duty as a
police officer.
By officer receiving gift in exchange of
a promise to refrain from doing
something which it was his official duty
to do.

Offer must be accepted by the public officer.

If the offer is not accepted by the public officer,
only the person offering is criminally liable for
attempted corruption of public officer.
Gift must be capable of pecuniary estimation.

Art. 211. Indirect bribery Public officer who shall

accept gifts offered to him by reason of his office.

Example: Si judge binigyan ng balato ni X na

nanalo sa kaso nya under kay judge.
Anticipation of future favor. No agreement to
perform or refrain from doing something unlike
in direct bribery. As long as he accepts gifts
offered by reason of his office.

Art. 210-A. Qualified Bribery resisting to arrest a

person who committed a crime punishable by reclusion
perpetua or death, in consideration of a promise, gift of
present.

Unique provision because the penalty is the

penalty for the crime not prosecuted.
Crime should be punishable by reclusion
perpetua or death.
So if homicide lang, no qualified bribery.

Art. 212. Corruption of public officials. Any

person who shall have made the offers or promises or
given the gifts or presents as described in the
preceding articles.