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2.
That there is a war in which the Philippines is
troops. Absent of that
collaboration, it cannot be
involved considered as treason
The second element is that there is a
war in which the Philippines is b. Adheres to the enemies by
involved. In the case of Laura vs. giving them aid or comfort.
Misa, treason is a war time offense. Adherence to the enemies
It can be committed only in times of mean that the Filipino citizen or
war. In times of peace, Treason t h e o ff e n d e r i n t e n t i o n a l l y,
remains to be dormant crime, intellectually and emotionally
however, the moment when an favors the e n e m y.
emergency arises, the moment a Therefore,adherence to the
war arises, it is immediately put into enemies is an internal state of
effect as an act self-defense and mind, it is mental state, you
self-preservation of the Philippine cannot see adherence to the
Government. Treason cannot be enemies
committed in times of peace,
because in times of peace, there are
How now would you know
no traitors. that a person is adhering to
Who are these traitors?
the enemy state?
It is manifested by his
These enemies are troops of the acts of giving aid or
enemy state which is in war with the comfort to the enemy.
Philippines. Filipino men like the That is why these two
MILF, NPAs, even if they are at war must concur:
with the Philippine government, they 1. Adherence to the
cannot be considered as enemies enemies
Dinty | Manalo | Navarez | Shyu | Tubio
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CRIMINAL LAW 2
2. Giving them aid or give rise to a separate and distinct crime? Will you charge
comfort him for two crimes based on treason and murder?
Mere adherence to
A: There is only one crime committed by him
and the crime committed is treason. Common
the enemies, without crimes such as Murder, physical injuries,
any act of giving aid or homicide, arson, if they are committed in
comfort to the enemy furtherance to, in connection with or incidentally to
will not bring along treason shall be absorbed in the crime of treason
treason, it is the act of because they are atrocities for war and therefore,
giving aid or comfort they are considered as absorbed in the crime of
which is the treason. It cannot even be complex, they are
manifestation of the considered absorbed in the crime of treason.
adherence to the
enemies. Q: What if A, B and C, conspired and agreed to commit
EXAMPLES OF ACTS OF ADHERING TO THE ENEMIES
treason against the Philippine Government. After their
conspiracy and agreement, A went to X. A told his friend X
BY GIVING AID OR COMFORT: that he was in conspiracy with B and C to commit treason
o By giving the enemies information, transportation, against the Philippine Government. After A told him such
arms, supplies, all of these will weaken the conspiracy with X, A left. X, despite knowledge of the
defense of the Philippines and strengthen the conspiracy to commit treason among A, B, and C, did not
enemy state. disclose such information to the proper authorities. What
o People vs. Perez:The court said, "the act of crime/crimes is/are committed by A, B, C, and X?
commandeering women or giving women to the A: A, B, and C are liable for the conspiracy to
enemy troops in times of war, to satisfy the lust of commit treason. There is a meeting of two or
the enemy troops is not considered as a more persons come to an agreement to commit
treasonable act." Because according the Court, the crime of treason and decide to commit it.There
whatever benefit is given to the enemy is merely is proposal to commit treason when a person has
trivial in nature,imperceptible and it was not the decided to commit the crime of treason and
intent of the offender (unintentionally). proposes its execution to some other person or
There are two ways of proving treason under Article
persons. The moment that other person whom the
proposal was given, raise to the commission of
114: crime, we no longer have proposal, but we have
1. TESTIMONY OF TWO WITNESSES, AT Conspiracy to commit treason. In the problem, A,
L E A S T, T O T H E S A M E O V E R T A C T, B, and C, conspired, agreed to commit the crime
OTHERWISE KNOWN AS THE "TWO-WITNESS of treason against the Philippine government,
RULE" therefore they are all liable for conspiracy to
There must be two witnesses who will prove commit treason.
only on the commission by the offender of an
overt act showing that he adheres to the
Q: X, who had knowledge of the conspiracy to commit
enemy. Therefore, treason cannot be proven treason among A, B, and C, however, despite that
by mere substantial evidence. There must be knowledge, he did not disclose it to the proper authorities.
direct evidence, a witness to this act of giving What is the liability of X?
aid or comfort to the enemy. A: X is liable for misprision of treason is
2. CONFESSION OF THE OFFENDER OR THE committed by any person who owes permanent
ACCUSED MADE IN AN OPEN COURT allegiance to the Philippine Government who fails
Confession of guilt must be made before a to disclose of knowledge to commit treason as
court. Extra-judicial confession will not give soon as possible to the proper authorities.In the
rise to conviction in case of the crime of problem, C, despite having knowledge of the
treason. conspiracy to commit treason among A, B, and C
ILLUSTRATION:
did not divulge it, did not disclose it to the proper
authorities, therefore, X is liable for misprision of
Q: What if there is war which the Philippines is involved? X treason.
was among those who committed treason against the
government. now X in committing treason killed a public
TREASON can be committed both by Filipino citizens
officer of the government of the Philippines, in furtherance and a foreigner temporarily residing in the Philippines,
of his act of treason. Will such act amounting to murder but MISPRISION OF TREASON can only be
committed by a Filipino citizen who owes permanent
Dinty | Manalo | Navarez | Shyu | Tubio
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CRIMINAL LAW 2
allegiance to the Philippine government, it cannot be con
committed by a foreigner residing in the Philippines. fide
ARTICLE 117 ESPIONAGE
ntia
l
There are two ways of committing espionage under Article nat
117: ure,
I. rela
B y tive
ent t o
erin the
g , def
with ens
out e of
aut the
hori Phil
t y ippi
ther nes
efor
, a The
war o ff e
shi nde
p , r
fort, can
o r b e
nav any
a l pers
o r on.
mili H e
tary can
est be a
abli Filip
s h ino
m e citiz
n t en,
o r or a
res forei
erv gner
atio , or
n to h e
obt can
ain be a
any publ
info i c
rma offic
tion e r
, o r
pla emp
ns, loye
pho e ,
togr o r
aph h e
s or can
oth be a
e r priv
dat ate
a of indi
a
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CRIMINAL LAW 2
vidu 1.
al. Tha
t the
o ff e
W h nde
e n r
will perf
the orm
crim s
e of unla
espi wful
ona o r
g e una
aris utho
e? rize
Under the first mode, the crime of espionage d
will arise moment the offender enters the acts
warship, fort or naval or military establishment b y
or reservation, without authority if his intention the
is to obtain any information, plans, Phili
photographs or other data of a confidential ppin
nature, relative to the defense of the e
Philippines. gov
It is not necessary that for the crime to arise
ern
men
that he is successful in obtaining the data. It t.
is not necessary that he indeed obtained the 2.
data. The mere act of entering without Tha
authority is sufficient if his intention is to t the
obtain the data of confidential manner relative said
to the defense of the Philippines. act
II.
By disclosing to the representative of a foreign
prov
oke
nation the contents of the articles, data or o r
information referred to in paragraph No. 1 of give
art. 117, which he had in his possession by occ
reason of the public office he holds. asio
This mode of committing espionage can only n
be committed by a public officer who has f o r
been trusted, by reason of his public position, a
of articles, data of confidential nature relative war
to the defense of the Philippines. invo
The crime of espionage will arise the moment lvin
the offender divulges or discloses the data g or
and information to a representative of a liabl
foreign nation. e to
So even if he is in possession of the same, invo
but he does not divulge it to any lve
representative of a foreign nation, the crime the
will not arise. Phili
Espionage can be committed in BOTH, in times of peace
ppin
e s
and in times of war. o r
ARTICLE 118 INCITING TO WAR OR GIVING MOTIVES
exp
ose
FOR REPRISALS Filip
ELEMENTS: ino
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CRIMINAL LAW 2
citiz pea
ens ce.
t o
repr
Case of CAPTAIN MENDOZA
isal Hostage drama in Luneta. There were Hongkong
s on citizens boarded the bus and here comes captain
their mendoza who was no longer a member of the
pers military, he entered the bus, with different
ons weapons and grenades and even killed some
and hongkong citizens. Captain mendoza performed
pro unlawful, unauthorized acts which expose
pert overseas Filipino workers in Hongkong and china
y to reprisals on their person or property. In fact,
whil there were news at that time that Hongkong or
e China would be engaging in war with the
they Philippines. Head captain Mendoza, one of the
are crimes that may be held against him is inciting to
in a war or giving motives for reprisals.
forei
g n
ARTICLE119 VIOLATION OF NEUTRALITY
cou ELEMENTS:
ntry. 1.
3. The
H e crim
i s e is
not com
lega mitt
l l y e d
auth whe
oriz n
e d ther
t o e is
d o a
so. war
but
the
Inci Phili
ting ppin
t o e s
war i s
con not
note invo
s lved
that i n
ther the
e is said
yet war
n o and;
war. 2.
It is The
com com
mitt pete
e d n t
i n auth
time ority
s of issu
ed a
Dinty | Manalo | Navarez | Shyu | Tubio
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CRIMINAL LAW 2
reg war.
ulati
o n Q: There is a war between country X and country Y. Here
f o r comes Pedro, a Filipino citizen, he was siding with country
the X. Is he liable?
pur A: No, he is not liable of violation of neutrality
pos because in the problem, it did not say that the
e of competent authority (the President) issued a
enfo proclamation or regulation imposing neutrality.
rcin
g
The violation will only arise if there is a proclamation or
neut regulation imposing neutrality and a Filipino citizen
ralit violates such declaration or regulation issued by a
y competent authority. Therefore, absence of such
amo declaration of neutrality, the crime of violation of
n g neutrality does not arise.
Filip
ino ARTICLE120 CORRESPONDENCE WITH HOSTILE
citiz COUNTRY
ens ELEMENTS:
and 1. That it is in time of war in which the Philippines is
; involved.
3. 2. That the offender makes correspondence with an
The enemy country or any territory occupied by enemy
o ff e troops.
nde 3. That the correspondence is either
r a. Prohibited by the Philippine Government
viol b. Carried on in ciphers or conventional signs
ates c. Containing notice or information which might
suc be useful to the enemy
h
reg
Here, there is a war in which the Philippines is
ulati involved.
o n
imp
Q: The Philippines is at war with the another country. Here
ose comes X, a Filipino citizen, he has a pen pal who is a
d. citizen of the country which is at war with the Philippines.
There must be a declaration or a proclamation issued
e r
AT T
by a competent authority, that no Filipino shall flee to A C
the enemy's country and the offender violates such K or
proclamation. SEI
Mere attempt will readily rise to the crime. It is not Z E
necessary that the offender has actually gone to the the
country. ves
There must be declaration or proclamation prohibiting sel.
flight to enemy state.
b.
The
o ff e
nde
r s
ARTICLE 122 PIRACY eith
ELEMENTS: e r
1. The first element is where the vessel is SEI
located. The vessel can either be on the high Z E
seas or on Philippine waters (this was brought I N
about by the amendment of RA 7659). Before WH
the amendment of RA 7659, Piracy under O L
Article 122 can only be committed when the E or
vessel is on the high seas. But because of I N
this amendment brought about by RA 7659, PAR
Piracy now under Article 122 can be T
committed when the vessel is on Philippine the
waters. carg
2.
The second element provides for the
o ,
the
offenders. The offenders must NOT be equi
members of the complement or passengers of pme
the vessel. Therefore, the offenders must be n t
STRANGERS to the vessel. They must be o r
coming from the outside, not from the inside. the
3.
pers
onal
The belo
third ngin
ele g s
men o f
t the
refe pas
rs to sen
the gers
mod o r
e of m e
com mbe
mitti rs of
n g the
pira com
cy. ple
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CRIMINAL LAW 2
men the
t. said
ves
sel.
Bas The
e d re is
o n also
thes the
e use
ele o f
men forc
t s , e or
you inti
will mid
noti atio
c e n .
that The
pira re is
cy is also
akin the
t o use
rob o f
bery viol
. It enc
is in e
e ff e agai
c t nst
rob pers
bery ons.
. It The
i s re is
just also
call inte
e d nt to
pira gain
c y .So
bec it is
aus akin
e ,
the simil
obje a r
ct of t o
the rob
thin bery
g is .
eith
e r
the
ves
sel
o r
the
carg
o or
equi
pme
nt of
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CRIMINAL LAW 2
ARTICLE122 MUTINY u l
COMMITTED WHEN: com
1.The vessel is either on the high seas or on man
Philippine waters d of
2. the
The capt
OFF ain
E N o r
D E the
R S com
are man
M E der
M B o f
E R the
S ship
O F .
THE In mutiny, there is no taking because in mutiny there is no
C O intent to gain. Mutiny is the rising of commotion, a
M P resistance against the lawful command, against the lawful
L E authority of the commander or captain of the ship.
M E Since in mutiny, there is no intent to gain, mutiny is akin to
N T sedition. The rising of commotion, an uprising, an act of
o r dissent against lawful authority.
PAS
S E
SO HOW DO YOU DISTINGUISH PIRACY VS. MUTINY?
N G 1.
E R I n
S pira
O F cy,
THE the
V E o ff e
S S nde
EL r s
3. are
The stra
o ff e nge
nde rs to
r s the
rais ves
e a sel,
com whe
moti reas
o n , in
o r muti
dist ny,
urb the
anc o ff e
e on nde
the r s
boa are
r d nec
the ess
ship arily
agai insi
nst d e
the the
lawf ves
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Page 9
CRIMINAL LAW 2
sel, the
they crim
are e is
eith t o
e r g o
m e agai
mbe nst
rs of the
the lawf
com u l
ple auth
men ority
t or o f
pas the
sen com
gers man
o f der
the o f
ves the
sel ship
.
2.
I n
Pira
ILLUSTRATION:
cy, Q: The vessel is on the sea going to Mindoro. So while the
ther ship is on its way to Mindoro, suddenly there comes a big
e is storm. The commander or the captain of the ship said that
inte they should first move towards the shore and let the storm
nt to comes calm in order to ensure the safety of the passengers
gain of the vessel. The passengers of the vessel and members
bec of the complement didnt want the decision of the said
aus captain of the ship and so they seize the captain of the ship
e it and manned the vessel until they reach Mindoro. What
i s crime, if any, is committed by these members of the
simil complement and passengers of the vessel?
a r A: They are liable of MUTINY. The vessel is on
t o Philippine waters. The offenders are members of
rob the complement and they go against the lawful
bery authority of the captain of the ship. Therefore they
, are liable of mutiny.
whe
reas
Q: While a vessel is on Philippine waters, here comes a
, in second vessel. Four men from the second vessel boarded
muti the first vessel and at gunpoint, took the cargo and
ny, equipment of the said vessel. Placed them in the second
ther vessel and off they went. What crime is committed by these
e is four men?
n o A: They are liable of PIRACY UNDER ARTICLE
inte 122. The vessel is on Philippine waters, the
nt to offenders are not members of the complement or
gain passengers of the ship. They seize the cargo and
bec equipment of the vessel. Therefore, it is piracy
aus under Article 122.
e
the
Q: The vessel is on Philippine waters. While the vessel is
ess on Philippine waters, the members of the complement and
enc passengers of the said vessel in conspiracy with one
e of another took the cargo and equipment of the said vessel,
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CRIMINAL LAW 2
and then they boarded a second vessel and off they went. ANTI-PIRACY AND ANTI-ROBBERY LAW OF 1974 (PD
What crime is committed by the members of the 532)
complement and passengers of the said vessel? Under PD 532, piracy is committed by attacking or seizing
A: The members of the complement and the vessel or seizing in whole or in part the cargo,
passengers of the vessel committed ACTS OF equipment or personal belongings of the members of the
PIRACY because they seize in whole or in part complement or passengers of the vessel IRRESPECTIVE
the cargo or equipment of the vessel but NOT of the value thereof, committed by means of force and
PIRACY UNDER ARTICLE 122 because in Article violence and committed by any person whether he may a
122, it is a requisite that the offenders must be member of the complement or passenger of the vessel or
strangers to the vessel. Here, the offenders are strangers to the vessel BUT the vessel is on Philippine
members of the complement and passengers of waters. Therefore, for PIRACY UNDER PD 532 to arise, it
the vessel. So the crime committed is PIRACY necessary that the vessel is on Philippine waters.If the
BUT UNDER PD 532. vessel is on the high seas, immediately rule out PD
532.
HOW COULD YOU KNOW IF IT IS PIRACY UNDER PD
532 OR PIRACY UNDER ARTICLE 122 OF RPC?
If the vessel is on Philippine waters, your choice is
either Piracy under PD 532 or Piracy Article 122.
W h
ere
lies
the
diffe
renc
e?
Sinc
e
Artic
l e
122
o f
R P
C is
the
mai
n
law,
w e
hav
e to
reco
ncil
e it
with
P D
532.
O r
P D
532
mus
t be
reco
ncil
e d
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Page 11
CRIMINAL LAW 2
with mpl
Artic e m
l e ent
122. o r
Pira pas
c y sen
und ger
e r s of
P D the
532, ves
the sel
offe and
nde the
r s ves
can sel
b e i s
any o n
per the
son Phil
. He ippi
can n e
b e wat
a ers.
stra
nge
Q: The vessel is on Philippine waters, suddenly men from
r . the outside committed acts of piracy. What crime is
H e committed?
can A: Piracy under Article 122
b e Q: The vessel is on Philippine waters. Acts of piracy were
m e committed by the members of the complement or
m b passengers of the vessel. What crime is committed?
ers A: Piracy under PD 532
o f
the
Q: What if the vessel is on the high seas? While the vessel
c o is on the high seas, there comes a second vessel. Four
mpl men from the second vessel boarded the first vessel and at
e m gunpoint took the cargo and equipment of the first vessel.
ent. What crime is committed by these four men?
Therefore, where does PD 532 apply? A: Piracy under Article 122. The vessel is on the
high seas. The offenders are not members of the
I t complement or the passengers of the vessel. They
will seize in whole or in part the cargo and equipment
appl of the said vessel.
y
whe
Q: While the vessel is on the high seas,members of the
n complement or passengers of the vessel in conspiracy with
the one anothertook away the cargo and equipment of the
offe vessel. What crime is committed?
nde NOTE: It is not piracy under Article 122
r s because here, the offenders are
are members of the complement or
m e passengers of the vessel. In Article 122,
m b it is required that the offenders must be
ers strangers to the vessel. It cannot be
o f piracy under PD 532 because the vessel
the must be on Philippine waters. In our
c o
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CRIMINAL LAW 2
problem, the vessel is on the high seas. face three times and the face of the woman became
So, what crime is committed? reddish. She suffered slight physical injuries. What about
A: Again, piracy is akin to robbery. Since Piracy the fact that the injury suffered was only slight?
under Article 122 and Piracy under PD 532 do not A: It will not make a difference although the injury
apply, the crime committed is ROBBERY IN AN suffered was only slight. In the third circumstance
UNINHABITED PLACE. which will qualify piracy, the word physical
ARTICLE 123 QUALIFIED PIRACY
injuries is used in its generic sense. Therefore,
whatever be of kind of physical injuries, whether
What are the circumstances which will qualify piracy? serious or slight for as long as it was accompanied
Under Article 122, the following by piracy, it will be considered as qualified piracy.
circumstances will qualify piracy:
1. Whenever the offender have seized
Q: What if in the same problem, the woman didnt want to
a vessel by boarding or firing give the ring and one of the men touched the private parts
upon; or of the said woman and after touching the private parts of
2. Whenever the offenders have the said woman with lust, he forcibly took the ring. What
aband0ned their victims without crime is committed by the said men?
means of saving themselves; or A: All of them will be liable for piracy. However, the
There is intent to kill. man who touched the private part of the woman
3. W h e n e v e r t h e c r i m e i s will be liable for two crimes: piracy and acts of
a c c o m p a n i e d b y m u r d e r, lasciviousness. Acts of lasciviousness is not
homicide, physical injuries or mentioned in Article 123. Therefore, its presence
rape will not qualify piracy. It will bring about a separate
Whenever these four and distinct charge of acts of lasciviousness.
crimes accompanied the So, only these four crimes (murder, homicide,
act of piracy, it will not bring physical injuries and rape) will qualify piracy. If
a b o u t a s e p a ra t e a nd other crime is committed and accompanied by
distinct crime or a separate piracy and is not among these four crimes
and distinct charge of mentioned in Article 123, it will bring about a
murder, homicide, physical separate and distinct charge.
injuries or rape. These
crimes are absorbed
because they are QUALIFIED MUTINY
circumstances which will Insofar as mutiny is concerned, what are the
qualify the penalty to death. circumstances which will qualify mutiny?
NOTE: These circumstances are In Article 123, there is no specific mention of
separate and distinct from each other. It qualified mutiny, however according to Reyes
is not necessary that all of themmust be and other legal luminaries, of the three
present. The presence of one will qualify circumstances stated in Article 123,
piracy. Notice the conjunction OR. These paragraphs 2 and 3 are considered as
are qualifying circumstances which are circumstances which will qualify mutiny. That
prejudicial to the accused therefore they is:
must be strictly construed. 1. whenever the offenders have
ILLUSTRATION:
abandoned their victims without
means of saving themselves; or
Q: What if the vessel is on Philippine waters, and there 2. w h e n e v e r t h e c r i m e i s
comes a second vessel. Four men from the second vessel accompanied with murder,
boarded the first vessel and at gunpoint, they asked the homicide, physical injuries or
passengers to give to them all their valuables. One woman rape
didnt want to give her wedding ring because it was so According to Reyes and
precious to her and so one of the men forcibly took the other legal luminaries, only
wedding ring from the finger such that the finger was these two are considered
severed from it. What crime is committed? qualified in mutiny because
A: QUALIFIED PIRACY because piracy was in mutiny, the offenders are
accompanied by physical injuries. n e c e s s a r i l y, o r d i n a r i l y
Q: What if in the same problem, the woman didnt want to
inside the vessel because
they are members of the
give the ring, one of the men slapped the woman on the
Dinty | Manalo | Navarez | Shyu | Tubio
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CRIMINAL LAW 2
complement or passengers accompany piracy, the crime
of the vessel. committed is qualified piracy. But
ANTI-HIJACKING LAW (R.A. No. 6235 otherwise known
in case of hijacking under RA
6235, the law is specific; it must
as An Act Prohibiting Certain Acts inimical to Civil be serious physical injuries.
Aviation) Therefore, if the physical injuries
Under RA 6235, there are four prohibited acts. that would accompany the act of
1. By compelling the pilot of an aircraft of Philippine usurpation and seizure of the
registry to change its course or destination OR by aircraft would only be less serious
seizing or usurping control thereof while it is in physical injuries or slight physical
flight injuries, the penalty is not
2.
By compelling an aircraft of foreign registry to land
qualified. The penalty is qualified
because from the penalty of 12 to
in Philippine territory OR by seizing or usurping 20 years, it would become 15
control thereof while the same is in Philippine years to death.
territory
3.
By carrying or loading on board a PASSENGER
These are the first two prohibited acts. How could AIRCRAFT operating as a public utility in the
you distinguish the first act from the second act? Philippines materials or substances which are
If the aircraft is of Philippine registry, the explosive, flammable, corrosive or poisonous
seizure or usurpation to amount in 4. By shipping, carrying or loading on board a
violation of RA 6235, requires that the CARGO AIRCRAFT operating as a public utility in
aircraft must be in flight. An aircraft is in the Philippines materials or substances which are
flight the moment all its external doors explosive, flammable, corrosive or poisonous in a
had been closed, following embarkation manner not in accordance with the rules and
until any of it external doors had been regulations of the Air Transportation Office
opened for purposes of disembarkation.
On the other hand, if the aircraft is of
HOW WOULD YOU DISTINGUISH THE 3RD FROM THE
f o r e i g n r e g i s t r y, t h e s e i z u r e o r 4TH ACT?
usurpation did not need while it is in If the aircraft is a PASSENGER AIRCRAFT,
flight. For as long as the aircraft of the mere act of carrying or loading explosive,
foreign registry is within the Philippine flammable, corrosive or poisonous
territory, seizure or usurpation thereof substances will immediately constitute a
will bring about violation of RA 6235 violation of RA 6235.
even if all its doors are opened; even if it If however the aircraft is a CARGO
is not in flight. AIRCRAFT, the loading of these poisonous
Insofar as these two prohibited acts are substances, flammable substances, is
concerned, what are the circumstances which will allowed because it is a cargo aircraft. The
qualify the penalty? crime will only arise if such act of loading is
Under RA 6235, the following not in accordance with the rules and
circumstances will qualify the first two regulations of the Air Transportation Office.
acts:
a. By firing upon the pilot or the
HUMAN SECURITY ACT OF 2007 (R.A. No. 9372)
member of the crew or passenger Q: What if there is a bus and the bus is parked at
of the aircraft; or Lunetapark and it was full of children. And here comes X, X
b. By exploding or attempting to had different kinds of explosive all over his body. And at
explode by mean of a bomb or gunpoint, entered the said bus and told the children to keep
explosive for purposes of quiet. Thereafter, there is a cartolina on the glass window of
destroying the aircraft; or the said bus. Written on the cartolina were his demands to
c. W h e n e v e r t h e c r i m e i s the government. His demands were first, that his brother, a
accompanied by murder, homicide, member of NPA and who is being incarcerated by the
serious physical injuries or rape military be released and his second demand, was that
NOTE: In case of piracy, the law
funds be transferred to his account. So these were the
demands made by X against the government. Because of
uses the word physical injuries in this, the parents of the children arrived, the media arrived,
its generic sense. Whatever be the all the cabinet secretaries arrived. Only the president did
kind of physical injury that will not arrive. So everybody was there. They were afraid that
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CRIMINAL LAW 2
the children might die so there was chaos in the entire minimum, he cannot be given the benefit of parole
Philippines. It took the members of the military and police under the Indeterminate Sentence Law. So it is
12 hours to subdue X. So after 12 hours, they were able to necessary that he must commit any of these
arrest X. What crime, if any, may be filed against X? predicate crimes and after committing these
A: X will be charged of the crime of terrorism predicate crimes, where lies the difference?
under RA 9372, the Human Security Act of 2007. Because his act that sowed and created fear and
Under Section 3 of Ra 9372, terrorism is panic among the populace coupled with an
committed when the offender commits any of the unlawful demand against the government.
following acts punishable under the RPC:
a. Piracy
Q: So let us say that X was charged with terrorism based
b. Rebellion on a valid complaint or information a case of terrorism was
c. Coup dEtat filed against him before the RTC. However, after trial on the
d. Murder merits, the judge acquitted him. According to the judge, the
e. Kidnapping and Serious Illegal prosecution failed to prove the guilt of the accused beyond
Detention reasonable doubt therefore acquittal for reasonable doubt.
f. Crimes involving Destruction Since he is acquitted of terrorism under RA 9372, can he
If the offender commits any of these acts
still be prosecuted for his predicate crime of kidnapping and
illegal detention because he detained the children for more
punishable under the RPC or any of the following than 12 hours? Can he still be prosecuted for Illegal and
acts punishable under special penal laws: Unlawful Possession of Firearms, Ammunitions or
1. Article 122 (Piracy in General and Mutiny in the High
Explosives because he was full of firearms and
ammunitions and explosives?
Seas or in the Philippine Waters); A: No more. Because of Section 49 of RA 9372.
2. Article 134 (Rebellion or Insurrection); Under Section 49 of RA 9372, whenever a person
3. Article 134-a (Coup dEtat), including acts committed by has been charged of terrorism, or any act
private persons; punishable under RA 9372, based on the valid
4. Article 248 (Murder); complaint or information, sufficient information and
5. Article 267 (Kidnapping and Serious Illegal Detention); substance to bring about and thereafter he is
6. Article 324 (Crimes Involving Destruction, acquitted or the case is dismissed, he can no
longer be subsequently prosecuted for any other
or under felony or offense necessarily included in the crime
charged. The crime of kidnapping and serious
1. Presidential Decree No. 1613 (The Law on Arson); illegal detention is necessarily included in
2. Republic Act No. 6969 (Toxic Substances and terrorism because it is one of the predicate crimes.
Hazardous and Nuclear Waste Control Act of 1990); Likewise, violation of PD 1866, as amended Illegal
3. Republic Act No. 5207, (Atomic Energy Regulatory and and Unlawful Possession of Firearms is also
Liability Act of 1968); necessarily included in terrorism because it is one
4. Republic Act No. 6235 (Anti-Hijacking Law); of the predicated crimes in terrorism. Or any of
5. Presidential Decree No. 532 (Anti-piracy and Anti- these predicated crimes, he can no longer be
highway Robbery Law of 1974); and, charged because they are necessarily included in
6. Presidential Decree No. 1866, as amended (Decree terrorism. This is known as the ABSORPTION
Codifying the Laws on Illegal and Unlawful Possession, PRINCIPLE in terrorism.
Manufacture, Dealing in, Acquisition or Disposition of
Firearms, Ammunitions or Explosives)
Q: But what if in the same problem, while X was waiting for
If the offender commits any of these crimes under
his demands to be given by the government, he saw a girl
and with lewd design, he touched the private parts of the
seven-year old girl. Therefore he committed a violation of
the RPC and any of the crimes under special RA 7610 the Anti-Child Abuse Law. He was acquitted of
penal laws, thereby sowing and creating a terrorism. Can the state prosecute him for violation of RA
condition widespread and extraordinary fear and 7610?
panic among the populace in order to coerce the A: Yes, because it is not among the predicate
government to give in to an unlawful demand, he crimes. It is not a crime necessarily included in
is liable of terrorism and the penalty is 40 years the crime of terrorism.
imprisonment without the benefit of parole under
the Indeterminate Sentence Law. So it is the
maximum penalty of 40 years. He has to serve it
totally. Even if he has already served the
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The offender is a public officer or
employee. BUT NOT ALL PUBLIC
OFFICERS OR EMPLOYEES can
commit arbitrary detention. The
public officer of employee can
commit arbitrary detention are only
those who have been vested with
authority to effect arrest and
detain a person or at least to
cause the detention of a person.
Public officers who have been vested
with authority to effects arrest and detain
a person are POLICE OFFICERS. On
the other hand, public officers vested with
authority to cause the detention of a
person are MEMBERS OF CONGRESS.
They can order the detention of a person
who has been cited of contempt for
failing to accurate their proof, or we have
JUDGES they can order the summary
detention of persons cited in contempt of
court.
2. That he detains a person
The second element requires that the
offender detains a person.
So when is there detention?
There is detention when the
offended party is placed in
incarceration. When the offended
party is placed behind bars or when
the offended party is restrained of
his person or liberty.
TITLE TWO In order to amount arbitrary
CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE detention there must be an act of
STATE (Articles 124 133) restraint on the person or liberty
The acts under TITLE TWO are made criminal because
of the offended party. Absent that
intent, absent the actual restraint on
they both appease the Bill of Rights. The rights stated the person or liberty of the offended
under the Constitution and the first of these is under party It can be any other crime
ARTICLE 124, 125 and 126 Arbitrary Detention. BUT NOT ARBITRARY
3 KINDS OF ARBITRARY DETENTION:
DETENTION. Therefore, Supreme
Court said that intent to detain must
1. Arbitrary Detention by detaining a person without be manifest, it must be evident.
legal ground under Article 124 Absent that, it can be any other
2. Arbitrary Detention by failing to deliver the crime but not arbitrary detention.
detained person to the proper judicial authorities
within 12, 18 or 36 hours under Article 125 3.
That the detention is without legal grounds
3. Arbitrary Detention by delaying the release of The third element requires that the detention
prisoners despite the judicial or executive order to must be without legal ground.
do so under Article 126 So when is detention without legal
ARTICLE124 ARBITRARY DETENTION BY DETAINING
grounds under Article 124?
1. When the said offended party was
A PERSON WITHOUT LEGAL GROUND arrested without a warrant of arrest.
ELEMENTS: 2. When the said offended party was
1. That the offender is a public officer or employee arrested and his arrest and detention
Who is the offender in Article 124? does not fall under any of the
For example, the President has the power to
entering upon the dwelling of another
which is not authorized by a judicial
order. The judicial order refers to a
deport or expel a person from the Philippines.
Another example is a foreigner who is known to
be a persona non grata; the President may order 3.
search warrant
The courts on the other hand, have the power to
other effects found therein without the consent of
the owner, or after having surreptitiously entered
the dwelling, being discovered and asked to leave,
compel a person to change his place of residence.
Lets say the offender is a concubine and the
penalty to be imposed to a concubine is destierro.
he refuses to leave.
1. The offender is a public officer or employee
Q: The door of the house was closed, but it was not locked.
domicile. But they confiscated the drug
paraphernalia that they saw. Yes, the confiscated
A police officer without a search warrant opened the door, drug paraphernalia were admissible against the
realizing it was not locked, entered the house and went up owner because they were contraband. They are
to the sala intending to conduct the search. Before he could illegal per se. And the police officers saw them
conduct the search, the owner of the house saw him, and without conducting the search, they saw them
told him to leave and he left. Is he liable for violation of inadvertently. Even without conducting the search,
domicile? the police officers would see contraband,
A: Yes. He is laible for violation of domicile. narcotics, in their presence, in their plain view,
Even if he left the said place upon being told to do they are mandated by law to seize and confiscate
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the same under the plain view doctrine. So in this 1. It is required that it is for one specific offense.
case, these drug paraphernalia where under the 2. There must be probable cause
plain view and therefore under the obligation to 3. The probable cause must be determined personally by
seize and confiscate them and these are the issuing judge
4. The said probable cause was determined by the
admissible as evidence against the owner of the issuing judge personally through searching questions
house.
Q: What if a police officer was conducting a surveillance of
and answers in writing, under oath or affirmation as the
testimony given by applicant of the said search warrant
or any witnesses he may produce.
X, a well-known drug pusher, so he was always within the 5. The applicant of the search warrant and his witnesses
vicinity of the house of X. One time, it was the birthday of must testify only as to facts personally known to them
X, the gate of the house was open, and the door of the 6. The said search warrant must specifically state the
house was opened. The police officer disguised himself as
one of the guests and he entered the house together with
-
place to be searched and the place to be seized.
domicile.
A search warrant is valid only for a period of 10 the said search warrant.
days from the date of its issuance appearing on Q: What if the third punishable act under Art. 129
the search warrant. amounting to the violation of domicile, when the public
officer or employee exercised excessive severity in the
implementation of the said search warrant.
ILLUSTRATION:
A search warrant was dated Dec. 1, a police officer
What if a search warrant is issued against X, the
received it on Dec 3. The search was conducted Dec. 13.
The said search warrant is already invalid. police officers went to the house of X, upon reaching the
When they conducted the said search on Dec. 13, house of X, they showed the warrant to X and he allowed
they already exceeded the authority in the said them to enter. The search warrant said that they could
search warrant. Therefore, they are liable of search for dangerous drugs, particularly, shabu. In
violation of domicile under Article 129.
In that case, when there is variance between what
of a crime. It also prohibits the absorption of
this crime, therefore all 3 cases must be filed
against the said police officers.
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ARTICLE131 PROHIBITION, INTERRUPTION AND
ARTICLE130 SEARCHING DOMICILE WITHOUT DISSOLUTION OF PEACEFUL MEETINGS
WITNESSES This is committed by a public officer or employee
Prohibited act: who commits any of the following acts:
I. By conducting a search in the absence of the I. By prohibiting or by interrupting, without
owner of the house, or any member of his legal ground, the holding of a peaceful
family, or two witnesses residing in the same meeting, or by dissolving the same. (any
peaceful meeting)
locality
ILLUSTRATION:
II. By hindering any person from joining any
lawful association or from attending any
Q: What if under Article 130, violation of domicile is of its meetings.
III. By prohibiting or hindering any person
committed when the search was conducted in the absence from addressing, either alone or together
of the owner of the house, or any member of his family or with others, any petition to the authorities
two witnesses residing from the same locality. for the correction of abuses or redress of
A search warrant was issued against X and the police
officers went to the house of X. They showed the search
grievances.
2.
The said offender performs acts (1) in a place
church even if no religious ceremony is ongoing.
devoted to religious worship, or (2) during the Q: What if inside the PICC there was this art exhibit
celebration of any religious ceremony. ongoing and one artist, this was a controversy before right?
The second element requires that There was this picture of Jesus Christ and on the picture of
the offender performs acts Jesus Christ he put a representation of a penis on his face.
notoriously offensive to the feelings Is the said artist liable under Article 133 offending the
of the faithful. Acts notoriously religious feelings?
offensive to the feelings of the A: NO. He cannot be liable for offending
faithful are those acts directed religious feelings under Article 133. Because
against their religious dogma, ritual, the PICC is not a place devoted for religious
faith of the religion, or mocks, worship and the art exhibit is not a celebration of a
ridicule, or scoffs of the said dogma, religious ceremony. Therefore, since the last
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element is not present even if it offends religious ARTICLE134-A COUP DETAT
feelings, he cannot be held liable under Article 133 ELEMENTS:
for the absence of the 3rd element. 1. That the offender is a person or persons belonging
to the military or police or holding any public office
or employment;
TITLE THREE 2. That it is committed by means of a swift attack
accompanied by violence, intimidation, threat,
CRIMES AGAINST PUBLIC ORDER (Articles strategy or stealth;
134 160)
ARTICLE134 - REBELLION OR INSURRECTION
3. That the attack is directed against duly constituted
authorities of the Republic of the Philippines, or
any military camp or installation, communication
ELEMENTS: networks, public utilities or other facilities needed
1. That there must be (a) public uprising, and (b) for the exercise and continued possession of
taking arms against the Government power;
2. That the purpose of the uprising or movement 4. That the purpose of the attack is to seize or
is either
a. to remove from the allegiance to said
diminish state power.
ENRILE v SALAZAR
was pending in the RTC of Makati, the lawyer filed a
petition, a motion, saying that the violation of the articles of
war should be absorbed by the case filed before the RTC of
Senator Juan Ponce Enrile was charged with the Following
Makati. Can Coup detat absorb the violations of article of
crimes:
war?
1. charged with Rebellion
2. charged with multipleMurder The Supreme Court ruled in the NEGATIVE.
3. Multiple frustrated murder According to the Supreme Court, for the theory of
4. violation of PD 1829 obstruction of Justice because absorption to apply, it is necessary that both
he harbored or concealed then Colonel Gregorio cases must be heard or may be heard before
the same civilian court.
Honasan.
ILLUSTRATION:
ARTICLE136 CONSPIRACY AND PROPOSAL TO
C O M M I T C O U P D E T A T, R E B E L L I O N O R
INSURRECTION
Q: What if a police officer was on his way to the office, There is CONSPIRACY TO COMMIT
suddenly here comes a member of the NPA, he saw the REBELLION when two or more persons come
police officer and shot him. What crime is committed? is it into an agreement concerning the commission of
Rebellion or murder? rebellion (to rise publicly and take arms against
Rebellion can only be absorbed common the Government to any of the purposes of
detat.
A R T I C L E 1 3 8 I N C I T I N G TO R E B E L L I O N O R
moment they are carried outside of legal methods,
by means of force and violence, they will become
INSURRECTION
Inciting to Rebellion is a crime under the Revised Penal
to be a seditious act.
d.
officer or employee;
To commit, for any political or social end,
representation tending to the same end.
agents)
ILLEGAL ILLEGAL
In case of illegal assembly, it is only
ASSEMBLY ASSOCIATION
necessary that there be a meeting, the
meeting must be attended by armed persons, the purpose will the purpose of the
under the first mode. In here, when it says always be a violation association may be for
armed persons, it is not required that all under the RPC. Even purpose of committing
those persons present in the meeting must be under the second crimes violating the
with arms. It suffices that one, two or more, or mode inciting to RPC or even in
some of them would be with arms. commit treason, violation of special
When we say arms, it does not only mean rebellion, or penal laws, provided
firearms, it refers to any things, knives, stones, insurrection, sedition that it is in violation of
anything which can cause violence or injury to or assault upon a special penal law, it
another person. person in authority or must be against public
It is necessary however, that the purpose of his agents morals
the meeting is unlawful that is to commit any
of the crimes punishable under the RPC. Necessary that there Not necessary that
Under the second mode of committing illegal is an actual meeting there be an actual
assembly, again there is a meeting, and there or assembly meeting
is no requisite that those in attendance must Act of forming or
be armed, therefore, they may or may not be Meeting and the
organizing and
with arms. But it is requires for the crime to attendance at such
membership in the
arise that the audience must be incited to meeting are the acts
association are the acts
commit treason, rebellion, or insurrection, punished
punished
sedition or assault upon a person in authority
or his agents. Otherwise, the crime will not
ILLUSTRATION:
arise.
professional duties
3.
The third element provides that at the
such performance means
that the said assault was by
time of the assault, the person in reason of the past
authority is engaged in the performance performance of official duty.
of his official duties or the attack was on So on occasion means it is
occasion of such performance of official by reason of the past
performance of official duty.
duty.
Direct assault can be
4.
The fourth element provides that the
committed whether the
public officer or employee. offender knows him to be a person in
Direct assault can be authority or an agent of a person in
committed whether the authority. So it is that the offender knows
public officer or agent of a him to be a person in authority because
person in authority is in the otherwise, he cannot be said that he
engaged in the performance defied the law, he defied the authority. In
of his official duties or on the first place, he didnt know that the
occasion of such person he is attacking is a person in
performance. authority or an agent of a person in
authority.
If a person in authority or his
agent is engaged in the
5.
The fifth element requires that there be
performance of his official
no public uprising.
duty at the time of the
assault, regardless of the
QUALIFIED DIRECT ASSAULT
motive of the offender, direct
assault will always arise. There are three circumstances which will qualify direct
Whether there is a personal assault:
vendetta, whether it is a
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1. When the assault is committed by means of a city hall employees. Suddenly here comes X. X went near
weapon; the mayor and shot the mayor on the head. The mayor
WEAPON - firearms, knives or any other died. What crime is committed by X?
items which will inflict injury. A: QUALIFIED DIRECT ASSAULT WITH
2.
When the offender is a public officer or employee;
MURDER. The city mayor was engaged in the
performance of his official duty at the time of the
So when a public officer or employee attacks assault therefore it is direct assault. Because the
a person in authority, it is always qualified city mayor was engaged in the performance of his
3.
direct assault.
Any of these three circumstances will qualify direct assault.
But if the resulting felony is only SLIGHT
MURDER.The city mayor was not engaged in the
performance of his official duty. Since the city
mayor was not engaged in the performance of his
PHYSICAL INJURIES, you cannot complex it. It is official duty, he is a person in authority, you have
prohibited under Article 48 because:
1. It is only a light felony. Under Article 48, you
to know the reason, the motive of the offender.
The offender was a city hall employee who was
dismissed by the city mayor, therefore the motive
can only complex two or more grave or less was by reason of the past performance of the said
grave felonies but not a light felony. person in authority. So it is by reason of the past
2. Slight physical injury or light felony is performance of his official duty, the attack, the
already absorbed in direct assault because firing was done on occasion of such performance
whenever you assault somebody, definitely, of official duty therefore the crime committed is
somehow, any injury would happen to him. direct assault.
That is why it is already absorbed in direct The mayor died. Obviously there was treachery
assault.
ILLUSTRATION:
therefore it is direct assault with murder.
The offender made use of a firearm, which is a
qualifying circumstance in direct assault therefore
Q: What if the city mayor attended the flag ceremony. It it is QUALIFIED DIRECT ASSAULT WITH
was a mandate. So there was this flag ceremony attended MURDER.
by the city mayor. After the flag ceremony, the mayor went
to the platform and was making an announcement to the
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Q: What if in the same problem, here comes X, the mayor felony. Therefore it is only direct assault not
was coming out of the church, X shot the city mayor. Now X complex. The said accused laid hands upon the
happened to be a former gardener who was dismissed court interpreter, would you qualify it? No,
from the service of the household because he performed a because he is mere agent of person in authority.
wrongful act while gardening. Therefore his reason was a Therefore the crime committed is only direct
personal vendetta. What crime is committed by X? assault.
A: X committed a crime ofMURDER. Obviously,
there was treachery on the part of X.
ARTICLE149 INDIRECT ASSAULT
It is not direct assault because the mayor was Indirect assault can be committed only when a
not engaged in the performance of his official duty direct assault is also committed
and the reason behind the assault was personal ELEMENTS:
vendetta. Therefore it cannot be said that the 1. An AGENT of a person in authority is the victim
attack was on occasion of such performance of of any of the forms of direct assault defined in
official duty. Article 148.
Q: What if the judge has just rendered judgment. After
2. A person comes to the aid of such agent
3. Offender makes use of force or intimidation
rendering the judgment, after finding the accused guilty upon such person coming to the aid of the
beyond reasonable doubt, the accused got mad. He agent.
jumped on the judge and he boxed the judge several times.
The court interpreter, the person nearest to the judge,
Q: What if a police officer was manning the traffic and it
came to the aid of the judge. This angered the accused. was a heavy traffic so the vehicles were stuck. What if one
The accused got mad at the court interpreter and he boxed of the owners of the vehicles got mad at the police officer
the court interpreter as well. Thereafter the security guards and he went straight to the police officer, who at the time
arrived and took away the said accused. The judge has no pistol, and boxed the police officer. While he was
suffered serious physical injuries whereas the court boxing a police officer a pedestrian saw the incident .the
interpreter suffered slight physical injuries. What crime or pedestrian came to the aid of the police officer. This
crimes is/are committed by the accused, first against the angered the owner of the vehicle so he, too, boxed the said
judge, and second against the court interpreter? pedestrian. The said pedestrian suffered slight physical
A: As against the judge, the accused is liable injuries while the police officer suffered less serious
of the crime of QUALIFIED DIRECT ASSAULT physical injuries. What crime or crimes is/are committed by
WITH SERIOUS PHYSICAL INJURIES. The the said owner of the vehicle against:
judge is a person in authority under Article 152. a. The police officer
He was engaged in the performance of his official b. The pedestrian?
duty at the time of the assault therefore the crime A: a. DIRECT ASSAULT WITH LESS SERIOUS
committed is direct assault. It has a resulting PHYSICAL INJURIES. The said owner of the
felony, serious physical injuries; therefore it should vehicle boxed the said police officer. The police
be direct assault with serious physical injuries. officer is an agent of a person in authority under
The accused in boxing the judge, laid hands upon Article 152 because he was charged with the
a person in authority therefore it is QUALIFIED maintenance of public order. The police officer is
DIRECT ASSAULT WITH SERIOUS PHYSICAL in the actual performance of his official duty at the
INJURIES. time of the assault therefore the crime committed
As against the court interpreter, the accused is
is direct assault. There is also a resulting felony
which is less serious physical injuries, a less grave
liable of the crime of DIRECT ASSAULT. At the felony; therefore we have to complex it, direct
time the court interpreter came to the aid of a assault with less serious physical injuries. The
person in authority, who was the victim of direct offender laid hands upon the police officer,
assault. Note under Article 152, any person who however, laying of hands will not qualify because
comes to the aid of a person in authority is he is a mere agent of person in authority;
deemed an agent of a person in authority therefore the crime committed against the police
therefore, when the court interpreter came to the officer is direct assault with less serious physical
aid of the said judge, who was a person in injuries.
authority, he became an agent of a person in (NOTE: an MMDA officer is also an agent of a
authority. And under Article 148, any attack on an person in authority because he is charged with the
agent of a person in authority is direct assault. maintenance of public order and the protection
Therefore the crime committed is direct assault. and security of life and property)
The said interpreter suffered slight physical injury.
You cannot complex it because it is only a light
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b. INDIRECT ASSAULT under Art 149. An agent In statcon, when there are two provisions which
of a person in authority was the victim of direct are contrary, you reconcile. So to reconcile, Article
assault. A person came to his aid who is the 149 or indirect assault will only apply if the victim
pedestrian. When the pedestrian came to the aid of direct assault is a mere agent of person in
of this agent of person in authority, he did not authority and someone came to his aid, and that
become an agent of a person in authority under someone was also employed with force and
Art 152 because under Art 152, a person would intimidation.
only become an agent of a person in authority if
he came to the aid of a person in authority. Here,
ARTICLE150 DISOBEDIENCE TO SUMMONS ISSUED
the pedestrian merely came to the aid of an agent BY THE NATIONAL ASSEMBLY, ITS COMMITTEES OR
of a person in authority who is the police officer. SUBCOMMITTTES, BY THE CONSTITUTIONAL
Therefore, when the pedestrian came to the aid of COMMISSIONS, ITS COMMITTEES, SUBCOMITTEES
the police officer, he did not become also an agent OR DIVISIONS
of a person in authority; as such, the crime Acts Punished:
committed is INDIRECT ASSAULT. When the I.By refusing, without legal excuse, to obey
pedestrian came to the aid of the police officer, summons issued by the Congress or any of
force and intimidation were employed against him its extensions or any of its standing
so the crime committed by the owner of the committees or subcommittees, by the
vehicle against the pedestrian is indirect assault. Constitutional Commissions, its committees,
Are you going to complex it to the crime subcommittees or any other body which has
of slight physical injuries? the power to issue summons.
No, because it is absorbed and it is Under the first act, for the crime to arise,
only a light felony. it is necessary that the offenders refusal
Under Article 149, INDIRECT ASSAULT is committed if a
to obey the summons is without any
legal excuse. If there is a valid reason, a
person in authority or an agent of a person in authority legal excuse, why the offender didnt
is the victim of direct assault. Any person who came to attend the said committee hearing of the
his aid and that person was employed with force or congress or why he failed to comply
intimidation by the offender. with the said summons or any of the
Why is it in the given problem, when the person acts under Art. 150; the crime will not
under attacked is a person in authority and when arise.
someone came to his aid, and that someone was
also attacked, the crime committed is direct assault
II.By refusing to be sworn or placed under
against that someone. But when the victim of direct affirmation while being before such legislative
assault is a mere agent of a person in authority, or constitutional body or official.
and someone came to his aid, and that someone Under the second act the public official or
was also attacked, the crime is indirect assault. the person was required to appear in
The reason is that the Congress the said meeting and obey the
amended Article 152 without summons however, the moment he
correspondingly amending Article 149. appeared in the said meeting, he
Based on the amendment made by refused to be sworn to. He does not
Congress in Article 152, it is stated that want to be sworn to and he refused to
any person who comes to the aid of a be placed under affirmation before such
person in authority is deemed an agent legislative or constitutional body. Art.
of person in authority. And if an agent of 150 is still violated.
a person in authority is attacked, such
attack is under Article 148 which is direct III.By refusing to answer any legal inquiry or to
assault and not indirect assault under produce any books, papers, documents, or
Article 149. records in his possession, when required by
But if the victim of the said direct them to do so in the exercise of their
assault is a mere agent of a person in functions.
authority, and someone who comes to his
aid will not become an agent of a person
IV.By refusing another from attending as a witness
in authority; therefore when he is also in such legislative or constitutional body.
attacked, it will only be indirect assault Under the fourth act punished, the said
under Article 149. offender did not fail to attend in the
summons; he restrained another from
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CRIMINAL LAW 2
attending as a witness. He prevented himself and asking him, requiring him, ordering
another person in attending as a witness him to produce the books or to answer any
in such legislative or constitutional body questions which would incriminate himself is akin
hearing. to making him a witness against himself and it is
V.By inducing disobedience to a summons or
unconstitutional.
If any of these prohibited acts
President. This Police Officer was indebted to the President
he owed his position to the President. He went straight to
constituting violation of Art 153 is the person talking against the President and told him to
committed by more than 3 persons stop. When he didnt stop, the Police Officer fired shots in
who are provided with arms or any the air and the people scampered away and the peaceful
means of violence it is said to be meeting/gathering was dissolved/ interrupted. What crime
tumultuous therefore there must be was committed by the Police Officer?
at least four persons who are armed A: The crime committed by the Police Officer
or provided with means of violence is not Art 153 but Art 131.Because the
for it to be considered as tumultuous. distinctions lie in this case. First, the said Public
SO WHERE LIES THE DIFFERENCE BETWEEN ART
Officer, a Police Officer is not a participant in the
said meeting. He is a stranger, an outsider in the
153 AND ART 131 OR 132? said meeting. Second, his only purpose is to
Article 153 punishes TUMULTS ANS OTHER prevent the said person in freely exercising his
DISTURBANCES OF PUBLIC ORDER, Article 131 freedom of speech and expression, it is his right to
punishes PROHIBITION, INTERRUPTION AND express his anger against the President yet the
DISSOLUTION OF PEACEFUL MEETINGS, Article said person prevented him in exercising such
132 punishes INTERRUPTING OF RELIGIOUS freedom of Speech and expression therefore the
FEELINGS Police Officer is liable under Art 131 and not under
Articles 131 and 132 can only be committed by a
Art 153.
Public Officer. It cannot be committed by a private For him to be liable under Art 153, lets say that he
individual whereas under Art 153, it can be is a public officer, he is a participant in the said
committed both by a Public Officer and a private meeting and while participating in the said
individual. meeting, he interrupted the said meeting in order
What if the offender is a public officer and he disturbs a
for him to cause a disturbance of the said
meeting. The crime is Art 153.
On the other hand, a prisoner that is
The jail warden custodian who received the
convicted by final judgment is one who has bribed money and allowed As escape is
been convicted by the lower court and who liable under Art 223 infidelity in the
did not appeal his conviction within the period custody of prisoners. Aside from that, he is
to perfect an appeal then the judgment also liable for direct bribery because in
becomes final and executory. He has to serve case of infidelity in the custody of prisoners,
the sentence. Or he has been convicted then the giving and receiving of bribe is not a
he appealed to the higher court within the qualifying or aggravating circumstance
period to perfect an appeal and the said therefore the jail warden custodian will be
higher court affirmed the said conviction. The liable for 2 crimes; Infidelity in the custody of
conviction will now become final and prisoners and direct bribery for having
executory so he is now a prisoner convicted received the bribed money in the amount of
by final judgment. Generally, they are those P500,000.00.
Evasion of service of sentence can only be committed
2. That there is a disorder resulting from ----
a. Conflagration
by a person convicted by final judgment. It cannot be b. Earthquake
committed by a mere detention prisoner. c. Explosion
PENALTY IS QUALIFIED if such evasion or escape takes
d. Similar catastrophe
e. Mutiny in which he has not participated
place: 3. That the offender evades the service of his
1. By means of unlawful entry sentence by leaving the penal institution where he
2. By breaking doors, windows, gates, walls, roofs or is confined, on the occasion of such disorder or
floors; during the mutiny.
3. By using picklocks, false keys, disguise, deceit, 4. That the offender fails to give himself up to the
violence or intimidation; or authorities within 48 hours following the issuance
4. Through connivance with other convicts or of a proclamation by the Chief Executive
employees of the penal institution. announcing the passing away of such calamity.
ILLUSTRATION:
It is required under Art 158 that the prisoner is serving
Q: You often read in the newspapers, heard over the his sentence in a penal institution.
radios, watch on TV, 5 prisoners escaped from the In this kind of evasion of service of sentence under Art
Caloocan city jail, 10 prisoners escaped from Palawan 158, the crime will arise not upon the act of leaving the
Provincial Jail. Did they commit evasion of service of penal institution but upon the convicts failure to return/
sentence? to give himself to the proper authorities within 48
A: No. These persons did not commit evasion of hours. That is only when the crime will arise.
service of sentence under art 157 because they
are merely detention prisoners. For evasion of
ILLUSTRATION:
sentence to arise, the prisoner who has escaped Q: What if there was this earthquake, X was a prisoner
must be a prisoner convicted by final judgment. convicted by final judgment. Everything was shaking and
Under Art 157, the said prisoner the said prisoner because of the earthquake, X escaped the penal institution.
must be serving which involves deprivation of He went to the house of his mother. That night while
liberty and he escapes during the service of his watching the television, he saw the president announced/
sentence by evading the service of sentence. declared that the calamity had already ceased/passed
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CRIMINAL LAW 2
away. Within 48hrs he returned. What is the effect on his acceptance in the part of the prisoner granted
criminal liability? pardon. The moment he accepts the
A:If the said convict escaped and returned to conditional pardon, it means it is incumbent
the proper authorities within 48hrs; there shall upon him to comply to all of the strict
be a credit or a deduction from his sentence. conditions. The moment he violate any of the
There is 1/5 deduction/credit from his sentence. terms and conditions he commits evasion of
Under Art 98 this is special time allowance for service of sentence because it shows that he
loyalty. He was too loyal to the government that just accepted the conditional pardon so as to
even if he already left the penal institution he still free himself from taking place behind bars.
Art 161 punishes the person who forges the great
B. Importing false coins is committed by
seal of the Philippines, signature of the chief any person who shall bring into the Philippine
executive and forging the stamp of the chief ports any false and counterfeited coins. It is
executive. not necessary for the offender to be liable that
Art 161 is the crime when the person is the one who
he shall circulate the false coins because
there is a third act of uttering false coins.
Art 162 punishes the person who, despite knowledge
coin. He copied the said coin and made a spurious one out
of it. Is he liable under Art 163?
of the forged signature, stamp or great seal of the A: Yes he is liable for making and importing and
Republic of the Philippines still he makes use of the uttering false coins under Article 163.
same document.
Q: What if while he was in possession of the said coin; he
ILLUSTRATION: took out a part of the metal content of the said coin. Can he
Q: In an official document, the signature of the President be liable for Mutilation of coins under Art 164?
was forged by A then it was given to B. B knew that it was a A:No, he cannot because in Art 164 or mutilation
forgery nevertheless he made use of the same. What crime of coins, it is necessary that the coin subject of
was committed? mutilation must be of legal tender. It must be in
A:A committed a crime under 161. And B present currency because otherwise, it cannot be
committed a crime under 162. said that the public has been deceived.
ARTICLE163 MAKING AND IMPORTING AND
ARTICLE164 MUTILATION OF COINS
UTTERING FALSE COINS Acts punished:
ELEMENTS: I. Mutilating coins of the legal currency, with the
1. That there be false or counterfeited coins further requirement that there be intent to damage
2. That the offender either made, imported or uttered or to defraud another.
such coins.
Mutilation is the act of taking off a part of the metal
knowledge that the coin is counterfeited
or mutilated and despite having such
content by filing it or substituting it for another metal of knowledge; he has the intent to utter,
inferior quality. circulate, pass away, to give away to
The offender gathers the metal dust that he has taken another the said coin.
PD 247 punishes any person who willfully or knowingly
store who is left. The police officer asked the owner of the
store to open the cash bin. There they saw the 5 P 10.00
defaces, mutilates, tears, burns or destroys any coins which were counterfeited. They arrested the owner of
currency notes or coins issued by the the store. Is the owner of the store liable under Art 165?
BangkoSentralngPilipinas. A:No he is not liable of selling of false coins or
In case of violation of PD 247 it is not required that mutilated coins, without connivance under Article 165.
there is intent to mutilate on the part of the offender. It First, he was caught in possession.
is not required that the offender has the intent to gather Was there possession?
the metal dust of the coin although these are required Yes. The counterfeited coins were found
under Art 164. in his cash drawer. Possession does not
Q: In a P 1000.00 bill, a person put his cell phone no. on it.
only mean physical or actual possession.
Possession means constructive
Is he liable under PD 247? possession which means that the
A: Yes he is liable under PD 247. counterfeited or mutilated coins are in his
But PD 247 is akin to a dead law because no one has
control and custody. Therefore the first
element of possession is present.
ILLUSTRATION:
bearer is forged or falsified by another
Q: So what if A was found outside the building of the LTO
person.
office. He was carrying falsified unfilled-out/up forms of
2. That the offender knows that any of those drivers license. It was distinct, it was falsified, it was not
instruments is forged or falsified. the real drivers license form. He was arrested by the NBI.
3. That he performs any of these acts ----
a. Using any of such forged or falsified
instruments; or
Can he be held liable for falsification of a public document?
of a public document.
2.
official with the solemnities required by law
3.
functions
4.
or any other mercantile law
evidenced or set forth
executed by a private person, if there is no intervention 3. That the said offender falsifies a document by
committing any of the following modes stated
of public official.
document and no more a private document.
commercial or private because of the different effects.
4.
k.
protocol, registry or official book.
signature.
EXPLANATIONS:
Feigning a handwriting, signature or
rubric is NOT THE SAME as
counterfeiting. When you say FEIGNING,
1. The offender is a public officer, employee, notary it means simulating a handwriting,
public or an ecclesiastical minister. signature or rubric. That is, making a
If the offender is an ecclesiastical handwriting, signature or rubric out of
minister, for him to be liable under Article nothing which does not exist. It is an
171, it is necessary that the document imaginable, an inexistent handwriting,
that he falsifies must affect the civil status
of a person.
If the document falsified by an II.
signature or rubric.
2.
status of the said child.
b. He has the official custody of the
document which he falsifies
estate, when they did not in fact so participate.
III. AT T R I B U T I N G T O P E R S O N S W H O H AV E
3. That the said offender falsifies a document by PARTICIPATED IN AN ACT OR PROCEEDING
committing any of the following modes stated STATEMENT OTHER THAN THOSE IN FACT MADE
therein: BY THEM
If you will look at Art. 171, it does not So under the third act, persons participated in
state the kind of document that has been an act or proceeding, they made statements
falsified, it may not be stated because it therein, however, the offender in a document
necessarily follows that the document may appear that these persons have made
falsified is a public or official document certain statements which were not in fact
because the offender is public officer or
employee or notary public. Therefore
necessarily, the document being falsified
made by them.
Q: So what if in the SangguniangPanglungsod, an
in Art. 171 is a public official or official ordinance was being passed. There was a votation,
document.
person
It is necessary that the intention of the
but no such original exists
2. By including such copy a statement
intention of the offender must be to INJURE
ANOTHER PERSON.
contrary to or different from a genuine original
ILLUSTRATION:
In case of making false statements in a Q: What if a notary public issued a deed of absolute sale
narration of facts, it is necessary that the and he said that it is an original copy of a deed of absolute
offender must have the legal obligation to sale between A and B. A selling his property to B, but in
disclose the truth in the said narration of facts. truth and in fact, no such deed of absolute sale was
Absence of such legal obligation, then it executed between A and B. Is the notary public liable?
cannot be said that he is liable for A: YES. He is liable under the second act of
falsification. falsification in the seventh act of the 3rd element in
When you say legal obligation, there is a law
which requires him to state nothing but the
Art. 171.
truth in the said document.
longer have any effect.
II.
TO CAUSE DAMAGE IS NOT AN ELEMENT.
III.
document will not arise.
can be immediately prosecuted in court.
In order to amount in false testimony in civil cases, 4.
The said statement or affidavit containing
there must be litigation. Take for example a sum of falsity is required by law.
money, breach of contract. If the false testimony is If it is not required by law then it cannot be
given in a special proceeding, for example, considered as a crime.
petition for nullity of marriage, petition for
separation, petition for habeas corpus, these are
ILLUSTRATION:
special proceedings and a false testimony of a Q: What if X made a false statement in a criminal
person who testified falsely during this special proceeding, what crime is committed?
proceeding, the case is under Article 183, false A: The crime committed is FALSE TESTIMONY.
testimony in other proceedings.
Q: A makes a statement in a labor case against B. What
ARTICLE183 PERJURY crime is committed?
PERJURY is the willful and deliberate A: The crime committed is PERJURY.
assertion of falsehood on a material matter If the false statement under oath is made in a
made before an officer duly authorized to judicial proceeding whether it be a criminal or
receive and administer oath. civil proceeding, the crime committed is
ELEMENTS: FALSE TESTIMONY. If the said false
1. The accused made a statement under oath or statement, however, is made in a non-judicial
executed an affidavit upon a material matter proceeding, administrative proceedings, or
There are two ways of committing perjury: quasi-judicial proceedings, then the crime
The offender either: committed is PERJURY. So if the false
1. Makes a statement under testimony or the false statement is made in a
oath (he makes a false testimony); or labor case, in an administrative case, in an
2. Executes an affidavit on a application for search warrant, during the
material matter (if it is an preliminary investigation, before the fiscals
affidavit, it is also required office, the crime committed is perjury.
under oath)
2. The said statement under oath or affidavit
Q: What if the offender makes false narration of facts in a
was made before a competent officer duly cedula. The offender makes a false narration of facts in a
authorized to receive and administer oath drivers license. What crime is committed?
A: FALSIFICATION.
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Q: What if the offender makes a false narration of facts in a
Q: What if in a case submitted in a fiscals office, so there
statement of assets, liabilities and net worth. So a public was a complaint and attached thereto is a sworn statement.
officer filed a statement of assets, liabilities and net worth. It In the said sworn statement, the witness said that he saw
contains falsities, false narration of facts. What is the the accident. He saw the accused bumped the victim.
liability? According to him, at the time, he was watching Saksi, when
A: The liability is PERJURY. suddenly a commotion occurred outside, he ran out of the
WHERE LIES THE DIFFERENCE BETWEEN
window, he saw at that particular time the accused hitting
the said victim with his vehicle and so he saw the accused
FALSIFICATION AND PERJURY? that caused the death of the victim. That was his statement
In falsification, the document is not required to be in the affidavit filed to the fiscals office. During
under oath. In case of perjury, the document is investigation, however, it was discovered he was not
required to be under oath. watching Saksi, he was watching Bandila, the news
H O W A B O U T T H E D I F F E R E N C E O F FA L S E
program in ABS-CBN and not the news program in GMA. Is
he liable of perjury?
STATEMENT AND PERJURY? A:No, he is not liable of perjury. Although it was
If the false statement is made in a judicial under oath, administered by a fiscal, still it is no
proceeding, it is false testimony. If the false perjury because it is not on a material matter.
statement is made in a non-judicial proceeding or Whatever it is that he was watching at the time,
administrative proceeding or quasi-judicial even if it is cartoon, it doesnt matter. What
proceeding, it is perjury. matters is that he heard the commotion, he ran to
ILLUSTRATION: the window, and he saw the accused bumping the
Q: An applicant for the bar filled out an application form for victim. He saw that it was the accused who killed
the bar, there was a statement therein, Have you ever the victim and that it was the car of the accused
been fined or convicted of any crime? and the answer was that hit the victim. Only then, it will be considered
no, however, in truth and in fact, he has already been fined as perjury but whatever he was watching, it was
for the crime of jaywalking. He answered no and then this immaterial. It was not on a material matter;
application for the bar is required to be under oath. He was therefore it will not amount to perjury.
looking for a notary public since it was a Sunday, there was
no office opened so he went to the legal office of his father,
SUBORNATION OF PERJURY is committed by a person
hoping that there was a lawyer there. However, there was who knowingly and willfully procures another to swear
only the janitor and he asked the janitor to sign in the falsely and the witness suborned does testify under the
notary public part and then submitted it to the office of the circumstances rendering him guilty of perjury.
bar confidante. Is the said applicant for the bar liable for NOTE: Subornation of perjury is not expressly penalized in
perjury or is he liable for falsification? RPC; but the direct induction of a person by another to
A: He is liable of FALSIFICATION and not of commit perjury may be punished under Article 183 in
perjury because the person who received and relation to Article 7, meaning, the crime is plain perjury but
administered the oath is not a confidante officer the one inducing another will be liable as principal by
duly authorized to receive and administer the inducement and the one who testified as principal by direct
oath. He was a mere janitor and not a notary participation.
public. As such, the crime committed is
falsification. Again, the essence of perjury is the
ARTICLE184 OFFERING FALSE TESTIMONY IN
violation of the solemnity of the oath. EVIDENCE
Q: A wrote a love letter to the girl that he is pursuing. In the
Committed by any person who shall offer in
evidence any false testimony or any false witness
said love letter, he stated falsities such as You are the only either in a judicial proceeding or in any official
one in my life. when in truth there were three of them. He proceeding.
stated I love you and I miss you and they were all ELEMENTS:
falsities. He even asked it to be notarized and sent it to his 1. The offender offered in evidence a false witness
third girlfriend. Is he liable for perjury? or false testimony.
A: No, he is not liable for perjury. He is not 2. The offender knew the witness or the testimony
liable for perjury because the said love letter is not was false.
required by law. The fourth element requires, to 3. The offer was made in a judicial or official
amount to perjury, the sworn statement under oath proceeding.
or the said affidavit must be required by law Is this the same as subornation of perjury?
because it is a crime against public interest not a Subornation of perjury is committed by any
crime against personal interest. person who procures a false witness in order
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CRIMINAL LAW 2
to perjures himself and testify falsely in a 4. The accused had the intent to cause
case. There is no such crime as the reduction of the price of the thing
subornation of perjury under the present auctioned.
RPC because we already have Article 184.
Article 184 is committed when any person
In order to be liable for this crime, whether it
who procures a witness and offers him as be the act of solicitation or the act of
evidence in court can be held liable under attempting to cause bidders to stay away from
Article 184 or he can be held liable as a public auction, it is necessary that the
principal by inducement in false testimony or intention of the offender is to cause the
as a principal by inducement in perjury; reduction of the price of the thing which is
therefore subornation of perjury is not the subject of the public auction. The acts
necessary and it is not a crime under complained of must be done for the purpose
Philippine jurisdiction, under the RPC. of reducing the price of the thing being
ARTICLE185 MACHINATIONS IN PUBLIC AUCTIONS
auctioned.
There are two acts punishable under Article In public auction, it is necessary that the
185 public must be able to get the best price for
I. SOLICITING GIFT OR PROMISE the thing being auctioned. If there will be less
By soliciting any gift or promise as a bidders, less participants in the said public
consideration for refraining from taking auction, then the public will not be able to get
part in any public auction. the best price for the thing subject of the
The mere act of soliciting any gift or promise, public auction. Here, if the non-participation of
so that he will refrain from taking part of the other bidders was caused by a person,
the public auction, will already give rise to then he is liable under Article 185. Again, the
the crime. It is not necessary that he intention of the offender is to cause the
actually received the gift, it is not reduction of the price of the thing which is the
necessary that he actually will not subject of the public auction.
participate in the said auction.
ELEMENTS:
1. There be a public auction. ARTICLE186 MONOPOLIES AND COMBINATIONS IN
2. The accused solicited any gift or a RESTRAINT OF TRADE
promise from any of the bidders. Acts punished:
3. That such gift or promise was the I. C O M B I N AT I O N TO P R E V E N T F R E E
consideration for his refraining from COMPETITION IN THE MARKET
taking part in that public auction. This is committed by any person who shall
4. The accused had the intent to cause enter into any contract or agreement or
the reduction of the price of the thing taking part in any combination whether in
auctioned. the form of trust or otherwise, in restraint
II.
ATTEMPTING TO CAUSE BIDDERS TO
of trade or commerce or to prevent by
artificial means free competition in the
STAY AWAY market.
By attempting to cause bidders to stay away II. M O N O P O LY T O R E S T R A I N F R E E
from an auction by threats, gifts, COMPETITION IN THE MARKET
promises or any other artifice This is committed by monopolizing any
The mere attempt to cause bidders not to merchandise or object of trade or
participate in the said public auction by commerce or by combining with any
threats, gifts or promise will already give other person or persons in order to alter
rise to the crime. It is not necessary that the prices thereof by spreading false
the bidders would not actually participate. rumors or making use of any other
ELEMENTS: artifice to restrain free competition in the
1. There be a public auction market.
2. The accused attempted to cause the III. M A N U FA C T U R E R , P R O D U C E R , O R
bidders to stay away from that public PROCESSOR OR IMPORTER COMBINING,
auction. CONSPIRING OR AGREEING WITH ANY
3. It was done by threats, gifts, promises PERSON TO MAKE TRANSACTIONS
or any other artifice. PREJUDICIAL TO LAWFUL COMMERCE
The FIRST TWO ACTS under Article 186 can
silver, other precious materials, or their alloys
2. That the STAMPS, BRANDS, or MARKS of
be committed by any person and not those articles or merchandise FAIL TO
necessarily by manufacturers, producer or INDICATE the actual fitness or quality of said
processors. The THIRD ACT however, can be metals or alloys
committed only by manufacturers, 3. The OFFENDER KNOWS that the stamps,
processors, producers and importers who brands or marks fail to indicate the actual
combined with any other person or persons in fitness or quality of the metals or alloys.
order to commit a transaction prejudicial to
lawful commerce or to increase the market
This is considered a criminal act because the
price of any merchandise or object of offender, despite knowing that the articles or
commerce merchandise that he imported are
Whether it be the first, second or third act, the
misbranded, he still imports the same, sells
the same or disposes the same
If the objects, which are the subject of this
purity involved.
monopoly or combination in restraint of trade In one Supreme Court decision, it held that: For
or commerce are prime commodities such as one to be liable for importation of dangerous
food, motor fuel, lubricants, it is not even drugs, it is necessary to be proven that the
necessary that there be conspiracy. A mere dangerous drugs that were taken in a vessel came
proposal, a mere intial step to hoard, to from a foreign country with the said dangerous
prevent free competition in the market will drugs on board the said vessel; therefore the
already give rise to the crime. prosecution must prove that the vessel which
ARTICLE187 IMPORTATION AND DISPOSITION OF
came into the Philippine ports had with it the
dangerous drugs. Only then can it be said that
FALSELY MARKED ARTICLES the dangerous drugs have been imported from
Committed by any person who shall imports, another country.
3.
The accused freely and consciously
The first element requires that the
offender must be actually using,
possessed the prohibited drug sniffing the dangerous drugs.
There must be an animus posidendi on
the part of the said accused. This animus 2.
After a confirmatory test; he was found to be
posidendi on the part of the accused is a positive for use of any dangerous drugs.
prima facie presumed by law. The He was at the PNP Crime Lab and
moment a person was found in after the confirmatory test, he was
possession of dangerous drugs, the found to be positive for use of
presumes that the person knows that the dangerous drugs.
thing in his possession is dangerous
drugs. 3.
No other amount of dangerous drugs must be
SECTION 12 - ILLEGAL POSSESSION OF DRUG
found in his possession.
If any other amount of dangerous
PARAPHERNALIA drugs was found in his possession,
e.g. A person was found in possession of empty then the proper charge would no
plastic sachets and other instruments used for longer be illegal use but illegal
using dangerous drugs. He is therefore liable for possession of dangerous drugs.
paraphernalia can they avail the benefit of probation?
by the Court, cannot avail for probation.
As a rule, in case of violation of penal law, we have no
202)
ILLUSTRATION:
the crime committed is grave scandal because Q: So what if there is this building, when the person
they performed the act in a public place even if no entered the said building, on the floor of the said building
one saw the commission of the said act still, still were these magazines. And the magazines contain men
because it is performed in a public place , it is and women engaging in sexual intercourse, naked women
presumed that someone may have seen the and men, and other obscene materials. Who shall be held
commission of the highly scandalous act.
public view.
prosecuted for being a vagrant.
girlfriend is 11 yrs old and the boyfriend is 21 yrs old. And How about prostitution? Is there still a crime
because it is their monthsary the girlfriend thought of giving for prostitution?
herself as a gift and engaged in sexual intercourse in a
public place Are they liable for grave scandal?
A: NO. They are not liable for grave scandal. The
YES.
Who is a prostitute?
man is liable for statutory rape. A man who had A prostitute is any woman who, for money or
sexual intercourse with a child under 12 years of profit, indulges in sexual intercourse or
age, regardless of the consent, regardless of the lascivious conduct. So it is the work or job of
willingness of the said child, the man is liable for a woman. Note that the law defines it to be a
statutory rape. Because in so far as criminal law is woman therefore; a man cannot be
concerned, a child under 12 yrs old has no considered a prostitute. Before, if a man
intelligence of his/her own and is not capable of engages in sexual intercourse or lascivious
giving a valid consent. Therefore, even if the girl conduct he can be punished under Article 202
voluntarily gave herself in so far as the law is but now since vagrancy has been
concerned, it is still statutory rape. It is not grave decriminalized by R.A. No. 10158, he can no
scandal because the third element is wanting. The longer be prosecuted. Only prostitutes who
said act fall under the violation of article of RPC
that is under article 266-A for rape. As I said,
grave scandal is a crime of last resort. You only
are woman.
TITLE SEVEN
charge it when the crime committed does not CRIMES COMMITTED BY PUBLIC OFFICERS (Articles
constitute any other violation in the RPC.
provides
(GN: Improper
(GN: Performance
official duty to
do.
1. The offender is a judge
2. That he renders a judgment in a case submitted
of some act which to him for decision
performance of (GN: Omission 3. That the judgment is manifestly unjust
ought not to be
some act which of some act
might be lawfully
done
which ought to
ignorance
4. The it is due to his inexcusable negligence or
done)
ARTICLE
ARTICLE
210-211
be performed)
ARTICLE
MANIFESTLY UNJUST JUDGMENT means that it is
204 TO 207 208 evident that a judgment is unjust. A first year law student
ARTICLE204 KNOWINGLY RENDERING UNJUST
would know that it is unjust, therefore it is manifestly unjust
judgment, because he acted in inexcusable negligence or
ignorance.
JUDGMENT
ELEMENTS:
ARTICLE206 UNJUST INTERLOCUTORY ORDER
1. The offender is a judge
2. That he renders a judgment in a case submitted ELEMENTS:
to him for decision 1. The offender is a judge
3. That the judgment is unjust 2. That he performs any of the following acts:
4. The judge knows that his judgment is unjust a. knowingly renders unjust interlocutory
UNJUST JUDGMENT is one which is contrary to law, or
order or decree
b. renders a manifestly unjust
one that is not supported by evidence or both. interlocutory order or decree through
inexcusable negligence or ignorance
The source of unjust judgment can either be mere
error or ill-will. If the source of an unjust judgment is
A R T I C L E 2 0 7 M A L I C I O U S D E L AY I N T H E
mere error on the part of the judge, then the said judge
ILLUSTRATION:
ADMINISTRATION OF JUSTICE
ELEMENTS:
1. The offender is a judge
In a case submitted to him for decision, the judge 2. There is a proceeding in his court
wrongfully interpreted a provision of law. It is a new law, 3. He delays the administration of justice
there is no jurisprudence yet, the judge wrongfully
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4. The delay is malicious, that is, delay is caused THOSE WHO CAN CAUSE THE PROSECUTION OF THE
by the judge with deliberate intent to inflict OFFENDERS:
damage on either party in the case. - Judges
ARTICLE208 PROSECUTION OF OFFENSES;
- Barangay Chairman
- Persons in authority
NEGLIGENCE AND TOLERANCE
ACTS PUNISHABLE:
ARTICLE209 BETRAYAL OF TRUST BY AN
I. By maliciously refraining from instituting ATTORNEY OR SOLICITOR REVELATION OF
prosecution against violators of the law SECRETS
Note that the first crime, he knows that a ACTS PUNISHED AS BETRAYAL OF TRUST BY
crime was committed but he does not ATTORNEY:
prosecute the offender; I. By causing damage to his client, either
II. By maliciously tolerating the commission a. by any malicious breach of
of offenses professional duty
the second act, a crime was about to be b. by inexcusable negligence or
committed, he tolerates its commission. It ignorance
must be done with MALICE. Absent THERE MUST BE DAMAGE TO HIS
malice, Article 208 will not apply. CLIENT
ELEMENTS OF DERELICTION OF DUTY IN THE
II. By revealing any of the secrets of his
client learned by him in his professional
PROSECUTION OF OFFENSES: capacity.
1. That the offender is a public officer or officer of DAMAGE IS NOT NECESSARY
the law who has a duty to cause the prosecution
of, or to prosecute, offenses.
III.
By undertaking the defense of the
2. That there is a dereliction of the duties of his opposing party in the same case, without
office; that is knowing the commission of the the consent of his first client, after having
crime, he does not cause the prosecution of the undertaken the defense of said first client
criminal or knowing that a crime is about to be or after having received confidential
committed, he tolerates its commission. information from said client.
3. That the offender acts with malice and IF THE CLIENT CONSENTS TO
deliberate intent to favor the violator of the law. THE ATTORNEYS TAKING THE
Otherwise known as DERELICTION.
DEFENSE OF THE OTHER PARTY,
THERE IS NO CRIME
law
The dereliction of duty in the prosecution of offenses
information from said client
- Prosecutors ILLUSTRATION:
- State Prosecutors
A lawyer for 3 consecutive times, without any
justifiable reason, failed to file his formal offer of exhibits.
During the first time he was given 15 days, he failed to file,
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second time he was given 15 days, he failed to file. On the X. Atty. X signed a contract and he is now the counsel of B.
third time, he was given 5 days still, he failed to file, without Is Atty. X liable for betrayal of trust by an attorney?
giving any justifiable reason for his non-compliance with the A: Atty. X is liable for betrayal of trust by an
order of the court. By reason thereof, there is no evidence attorney. He takes the case of B, the opposing
in behalf of the defense of his client was admitted by the party, even after he has already taken the case
Court. Because only evidences offered may be admitted by of A and after he has acquired valuable
the court. And so, the judge convicted the accused, the information about his client. How can he prevent
client was prejudiced because of the counsels malicious himself from being convicted of the betrayal of
breach of his professional duty. It is incumbent upon any trust?
counsel to file a pleading within the reglementary period He must first secure the consent of the
provided by law or required by the court. said first client
- For failing to do so without any justifiable reason, - In the said problem, there was no consent. The
he caused damage to his client by malicious said consent was only in the motion to withdraw.
The said consent in the motion to withdraw is not
breach of his professional duty.
ELEMENTS:
withdraw was with the CONSENT OF A, because without 1. The offender be a public officer within
the consent of A, the said motion to withdraw will not be the scope of Article 203
granted by the court. So the court granted and Atty. X is no 2. The offender accepts an offer or a
longer the counsel of A. When B learned about this, went promise or receives a gift or present
immediately to the office of X and secured the services of by himself or through another.
4.
constitute a crime, but the act must
be unjust
That the act which the offender
liability for direct bribery will arise.
ILLUSTRATION:
corruption of public official. The mother is also Q: A police officer was conducting a patrol. He saw a man
liable for falsification of a public document as a behind the tree, looking at the other house adjacent to the
principal by inducement. Without the bribe, tree as if waiting for someone. So the police officer parked
without the said inducement, the said public his vehicle and observed what this man would do. The
officer will not have committed the said moment that a man came out of the gate of the house, this
falsification.
ARTICLE211 INDIRECT BRIBERY
man hiding behind the tree, immediately went directly to
him and shot him 5 times, and killing him instantly. Then,
the said man rode a motorcycle and left. The police officer
ELEMENTS: chased him. The Police officer arrested him, however, he
1. The offender is a public officer gave the police officer P500,000 and told the police officer,
2. That he accepts gifts Mr. Police officer, you saw nothing, you heard nothing.
3. That the gifts are offered to him by reason of his And the police officer allowed him to leave. What crime/
office.
Indirect Bribery is committed if the public officer
crimes is/are committed by the said police officer?
A: The said police officer is liable for
qualified bribery. The crime committed by the
accepts any gift or present by reason of his office that said man is murder, because obviously, in his act
he owns. In case of indirect bribery, the public officer is
not deemed required to do a thing. By the MERE of killing, there was treachery, the other party
ACCEPTANCE, indirect bribery is consummated. NO was defenseless and obviously the said man
deliberately and consciously adopted the ways
ACCEPTANCE, NO CRIME IS COMMITTED.
ILLUSTRATION:
means and methods employed by him in killing
the victim. Since there was treachery, the crime
A is the newly appointed secretary of DENR. On his committed is murder, punishable by reclusion
first day of office, Mr. X visited him, paid a courtesy call. Mr. perpetua to death. His failure to arrest and
X is the president of a big logging company. They prosecute this man constitute qualified bribery
exchanged some pleasantries, thereafter, when this because he did so after accepting P500,000.
president of the logging company left, he placed a small
box on the table. When he left, the new DENR secretary
Q: What if a police officer was conducting a patrol, he saw
opened the box and it was a key to a car parked in front of A and B fighting, boxing each other, killing each other, until
the building. The new DENR secretary used it and drove they already on the ground. In the course thereof, A pulls
the car out his balisong and stabbed B several times on the heart,
- He is liable for Indirect Bribery. The president of a vital organ. B died instantly. Thereafter, A ran away, the
the logging company does not require him to do police officer tried to catch up with A and he was able to
anything, it was merely given to him because he arrest A. However A, gave the police officer P100,000. The
was newly appointed as the DENR secretary. His police officer allowed him to leave. What crime/crimes is/
acceptance brings about consummated indirect
bribery; therefore, indirect bribery has no are committed by the said police officer?
attempted or frustrated stage because outside A: The crime committed by A in killing B is
precedent by a fight, therefore it is merely
acceptance, no crime is committed.
Persons liable:
officials bought from a Las Pinas supplier 1. Public officer who persuades, induces, or
which they compared with the price of walis- influences another public officer;
tingting bought by Joey Marquez. Not only did 2. Public officer who is persuaded induced or
they buy the said walis-tingting from a influenced
different supplier, the walis-tingting bought by Note: requesting or receiving any gift, present, or benefit is
COA officials was of different specifications
from that of the walis-tingting bought by Joey
not required in this provision.
Note:
COA officials. They were not able to prove
the lack of demand is immaterial, the law uses the
beyond reasonable doubt that there was word OR between requesting and receiving.
overpricing because of the difference in There must be clear intention on the part of the public
specifications.
In both cases, there was NO PUBLIC
officer and consider it as his or her own property from
then on. Mere physical receipt unaccompanied by
any other sign, circumstance or act to show
BIDDING. acceptance is not sufficient to lead the court to
Will the mere lack of public bidding bring
conclude that the crime has been committed
Refers to a public officer whose official intervention is
about a violation of Section 3 (g) of RA 3019?
The Supreme Court said that mere lack of
required by law in a contract or transaction
following means or similar schemes:
RA 9745 Anti-Torture Act:
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Torture refers to: (i) The administration or drugs to induce
1. an act by which severe pain or suffering, whether confession and/or reduce mental competency; or
physical or mental, is intentionally inflicted on a
(ii) The use of drugs to induce extreme pain or
person for such purposes as obtaining from him/
certain symptoms of a disease; and
her or a third person information or a confession;
2. punishing him/her for an act he/she or a third (14) Other analogous acts of physical torture; and
person has committed or is suspected of having
(b) "Mental/Psychological Torture" refers to acts committed
committed;
by a person in authority or agent of a person in authority
3. or intimidating or coercing him/her or a third
which are calculated to affect or confuse the mind and/or
person;
undermine a person's dignity and morale, such as:
4. or for any reason based on discrimination of any
kind, when such pain or suffering is inflicted by or (1) Blindfolding;
at the instigation of or with the consent or
(2) Threatening a person(s) or his/fher relative(s)
acquiescence of a person in authority or agent of
with bodily harm, execution or other wrongful acts;
a person in authority.
Acts of torture:
(4) Prolonged interrogation;
(5) Preparing a prisoner for a "show trial", public
display or public humiliation of a detainee or
(a) Physical torture is a form of treatment or punishment prisoner;
inflicted by a person in authority or agent of a person in
authority upon another in his/her custody that causes (6) Causing unscheduled transfer of a person
severe pain, exhaustion, disability or dysfunction of one or deprived of liberty from one place to another,
more parts of the body, such as: creating the belief that he/she shall be summarily
executed;
(1) Systematic beating, headbanging, punching,
kicking, striking with truncheon or rifle butt or other (7) Maltreating a member/s of a person's family;
similar objects, and jumping on the stomach; (8) Causing the torture sessions to be witnessed
(2) Food deprivation or forcible feeding with by the person's family, relatives or any third party;
spoiled food, animal or human excreta and other (9) Denial of sleep/rest;
stuff or substances not normally eaten;
(10) Shame infliction such as stripping the person
(3) Electric shock; naked, parading him/her in public places, shaving
(4) Cigarette burning; burning by electrically the victim's head or putting marks on his/her body
heated rods, hot oil, acid; by the rubbing of pepper against his/her will;
or other chemical substances on mucous (11) Deliberately prohibiting the victim to
membranes, or acids or spices directly on the communicate with any member of his/her family;
wound(s); and
(5) The submersion of the head in water or water (12) Other analogous acts of mental/psychological
polluted with excrement, urine, vomit and/or blood torture.
until the brink of suffocation;
Any confession, admission or statement obtained as a
(6) Being tied or forced to assume fixed and result of torture shall be inadmissible in evidence in any
stressful bodily position; proceedings, except if the same is used as evidence
(7) Rape and sexual abuse, including the insertion
of foreign objects into the sex organ or rectum, or
electrical torture of the genitals;
against a person or persons accused of committing torture.
Note:
order to avoid further trauma.
Torture as a crime shall not absorb or shall not be
Who are Criminally Liable. - Any person who actually
absorbed by any other crime or felony committed
participated Or induced another in the commission of
as a consequence, or as a means in the conduct
torture or other cruel, inhuman and degrading treatment or
or commission thereof. In which case, torture shall
punishment or who cooperated in the execution of the act
be treated as a separate and independent criminal
of torture or other cruel, inhuman and degrading treatment
act whose penalties shall be imposable without
or punishment by previous or simultaneous acts shall be
prejudice to any other criminal liability provided for
liable as principal
by domestic and international laws. (Sec 15)
Any superior military, police or law enforcement officer or
senior government official who issued an order to any lower
ranking personnel to commit torture for whatever purpose Persons who have committed any act of torture
shall be held equally liable as principals. shall not benefit from any special amnesty law or
similar measures that will have the effect of
The immediate commanding officer of the unit concerned of
exempting them from any criminal proceedings
the AFP or the immediate senior public official of the PNP
and sanctions. (sec 16)
and other law enforcement agencies shall be held liable as
a principal to the crime of torture or other cruel or inhuman Refouler- No person shall be expelled, returned or
and degrading treatment or punishment for any act or extradited to another State where there are substantial
omission, or negligence committed by him/her that shall grounds to believe that such person shall be in danger of
have led, assisted, abetted or allowed, whether directly or being subjected to torture.
indirectly, the commission thereof by his/her subordinates.
CHAPTER THREE FRAUDS AND ILLEGAL
If he/she has knowledge of or, owing to the circumstances
at the time, should have known that acts of torture or other
cruel, inhuman and degrading treatment or punishment
EXACTIONS AND TRANSACTIONS
collection. 3rd Act - Collecting or receiving, directly or indirectly, by way
of payment or otherwise, things or objects of a nature
1st Act - Demanding, directly or indirectly, the payment of
sums different from or larger than those authorized by
law;or
different from that provided by law.
ILLUSTRATION:
angmahalpala, ayokona. and so he left. Is the said So the collecting officer is known as a sabungero. So
collecting officer liable of any crime? here comes one of the persons who was making payment.
A:YES, he is liable. For merely demanding an He has no money, but said, he has a magandangtandang.
amount larger than that authorized by law, he is And so, that was the payment received. He commits a
already liable for ILLEGAL EXACTION under
Article 213, Par. 2.
violation of illegal exaction.
any crime?
ILLEGAL EXACTION. that authority, then they are liable under the
Tariffs and Customs Code or under the Tax
It is not necessary for the said collecting officer to
have misappropriate the funds, the moment that he
misappropriates the funds, in addition to illegal
Code, but NOT UNDER THE RPC.
exaction, he may also be held liable for ARTICLE 214 OTHER FRAUDS
MALVERSATION, because Illegal Exaction is only ELEMENTS:
about the rules on collection. It has nothing to do 1. Offender is a public officer
with the appropriation or misappropriation of funds 2. He takes advantage of his official position
or property. Only a violation of the rules on 3. He commits any of the frauds or deceits enumerated in
collection.
-
Malversation can be committed either through a
ELEMENTS: positive act, which is through deliberate intent or
1. Offender is an appointive public officer through dolo. He is the one who appropriates or
2. He becomes interested, directly or indirectly in any misappropriates, who took the the said public funds
transaction of exchange or speculation or property
3. Transaction takes place within the territory subject to - Passive Act which is through his abandonment or
his jurisdiction negligence, or cupla. he allowed others to
4. He becomes interested in the transaction during his appropriate or misappropriate the said public funds
incumbency
ILLUSTRATION:
distribution or adjudication of which they had acted So the COA auditor, appeared and conducted an
3. Guardians and executors with respect to the property audit He demanded for the said amount, the said
OR PROPERTY
another person to take them
Government.
Punishable acts:
may NOT be direct evidence to convict one for
malversation of public funds or property. Obviously, there
cannot be any witness, because when you say direct
1. Appropriating public funds or property evidence, there is a witness. Of course, he would not let
2. Taking or misappropriating the same anyone see him malversing the funds. It suffices in the
3. Consenting, through abandonment or negligence, audit, these three things were discovered. If these three are
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discovered, then there arises the prima facie presumption Malversation of public funds and property through dolo. So,
that there is a so-called MALVERSATION OF PUBLIC in the information, it was stated that he is the one who
FUNDS OR PROPERTY
ILLUSTRATION:
misappropriate, appropriates or has taken the said public
funds, and so he was charged with Malversation through
dolo, through deliberate intent. That was the case filed
Q: What if a man was walking, in the middle of the night, a against him because they did not know that it was B who
police officer who was conducting a patrol saw something took the money. So, the presumption is that, he is the one
bulging on his waist. The police officer stopped him and who took the money, who appropriated it. During the trial of
frisked him and there, they saw a firearm. They ask for the the merits, during the presentation of the defense evidence,
license, the said man could not produce the license for the when it was already As term to testify, it was divulged or
said firearm. He was arrested for illegal possession of disclosed to the court that it was in fact another cashier, B
unlicensed firearm, and the firearm was confiscated. During who misappropriated the said funds through the negligence
the trials of the case, the fiscal move for subpoena for the of A. And by reason of this evidence presented in court, the
custodian of the said firearm. The custodian appeared but said judge, convicted A of Malversation through culpa, in an
failed to bring the firearm. He had already sold the said information of malversation through dolo. Is the judge
firearm confiscated. What crime is committed by the said correct? can he convict A?
custodian? A: Yes, the judge is correct. The reason is that,
A: He is liable for Malversation under Article 217.
Malversation.
malversation?
his drawer.
same funds.
the Supreme Court acquitted him.
BEST EXAMPLE:
that there was negligence on his part in placing GMA and other head of Philhealth before was
the cellphone inside his bag, because, where else charged by Frank Chavez because of Technical
would you place a cellphone but inside the bag for Malversation because of transfer of COA funds, which was
safekeeping. It would have been different while on used for Philhealth purposes during the elections. And so,
board, he was using the said cellphone. Hence, because of that, according to Frank Chavez, they are liable
the Supreme Court said, there was no negligence for Malversation. They were charged with Technical
and therefore, although convicted by the Malversation. But their contention was there was a law that
SandiganBayan, he was acquitted by the allowed it. If there was a law that allowed it, then, there was
3. That he fails to make payment maliciously
Punishable acts:
infidelity in the custody of prisoners is one who has been
entrusted with the custody and charge of the prisoner.
Whether the prisoner is a prisoner convicted by final
1. Failing to make payment by a public officer who is judgment or a detention prisoner. He must be charged, he
under obligation to make such payment from must be the custodian of the said prisoner because the
Government funds in his possession essence of the crime is the violation of the trust reposed on
2. Refusing to make delivery by a public officer who has him. Because prisoners are accountabilities of the
been ordered by competent authority to deliver any
property in his custody or under his administration
Government.
2. Administrator, depository of funds or property attached, Q: A has been charged with illegal sale of dangerous
seized or deposited by public authority even if such drugs. She is behind bars, it is a non-bailable offense, and
property belongs to a private individual therefore, while the case is ongoing, she is behind bars.
3. Those who acted in conspiracy in malversation So, it was the hearing date, she was accompanied by the
4. Accomplice and accessories to malversation
latters escape, or is with his consent
3. Such prisoner escapes through his negligence his duty. Here, it is only a mere laxity on the part of
the said public officer for not having accompanying
ARTICLE 225 ESCAPE OF PRISONER UNDER THE
CUSTODY OF A PERSON NOT A PUBLIC OFFICER
ELEMENTS:
the said woman in the rest room.
ILLUSTRATION:
part of the said jail guard. The Supreme Court said, Q: What if A has been charged with illegal sale of
LAXITY is a deliberate non-performance of his dangerous drugs. The case was on trial, during the trial of
official duty as the guard of the said prisoner, the case, the fiscal presented the first police officer who
thereby amounting to infidelity in the custody of acted as the poseur buyer in the course of the testimony of
infidelity in the custody of documents.
4. He breaks the seals or permits them to be broken
MERE BREAKING of the seal of the document will
already consummate the crime.
it infidelity in the custody of documents?
4. He does not have proper authority
an element. custodian of the said documents, the crime is
infidelity in the custody of documents and NOT
malversation.
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When the clerk of court took the 100 peso bill, he
ILLUSTRATION:
destroyed the exhibit, the documentary exhibit of Q: What if in the case of Duterte, the sheriff wishes to
the said prosecution and the prosecution was execute a writ of execution and cause the squatters to
seriously damaged interface. leave the place because of the execution issued by the
court has to be implemented. Had not the sheriff performed
REVELATION OF SECRETS (Article 229-230) the said act, is he liable of any crime? Had the sheriff
refused to execute the writ of execution issued by the said
ARTICLE 229 REVELATION OF SECRETS BY AN
OFFICER
Punishable acts:
judge? Is he liable of any crime?
public interest
serious or not. execution of the order
5. Offender disobeys his superior despite the disapproval
2. Wrongfully delivering papers or copies of papers of
which he may have charge and which should not be
published thereby causing damage, whether serious or
of the suspension
SECRETS OF PRIVATE INDIVIDUAL Public officer who shall fail to lend his cooperation
ELEMENTS: towards the administration of justice or any other public
1. Offender is a public officer
2. He knows of the secrets of private individual by reason
of his office
service despite demand by competent authority.
ILLUSTRATION:
3. He reveals such secrets without authority or justifiable Q: A raped B. B was treated by a medico legal officer at the
reason PNP. This medico legal officer who has examined A, issued
a medical certificate, And so in the case filed by B against A
NOTE: If the damage is serious, the penalty is QUALIFIED. passing by saw the incident and on boarded their mobile
patrol. They were able to arrest the man, took the bag and
returned it to the said victim. Thereafter, they placed X
ARTICLE 234 REFUSAL TO DISCHARGE ELECTIVE inside the mobile patrol. While inside, they kicked, mold the
OFFICE man. And so, the man suffered less serious physical
ELEMENTS: injuries. What crime is committed by the said police
1. Offender is elected by popular election to a public
office
2. He refuses to be sworn in or to discharge the duties of
officers?
he did not win in the election, he wanted to hold office.
maltreatment of prisoners.
the prisoner Q: Are you going to complex them? because a single act
constitute a grave and less grave felony, are you going to
-
Who is the offender?
- He must be a prisoner
NOT maltreatment of prisoners
phrase physical injuries or damage caused.
ARTICLE 236 ANTICIPATION OF DUTIES OF A
ILLUSTRATION: PUBLIC OFFICE
Q: What if A has just withdrew his money from her ATM ELEMENTS:
account, she placed the money inside her bag and she was 1. That the offender is entitled to hold a public office or
already walking towards home when suddenly here comes employment either by election or appointment
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2. Shall assume the performance of the duties and
powers of a public official or employee
A R T I C L E 2 4 1 U S U R PAT I O N O F J U D I C I A L
3. Without being sworn into office or having given the FUNCTIONS
and duties
judicial officer
under the custody and charge of the offender
of affinity of the male prisoner.
advances.
blood.
advances will already give rise to the crime. It is not In Parricide, the circumstance which will qualify is the
necessary that the woman will comply with the said relationship, therefore relationship between the
solicitation or immoral or indecent advances.
her part.
liabilities of the state.
TITLE EIGHT
A: No, the husband cannot be convicted of
parricide. This is because the relationship was
not alleged in the information although proven
other spouse.
FIRST REQUISITE/ELEMENT:
victim. So destierro here is not really a penalty.
Again, Article 247 is not a felony. It is a defense, a
privilege; it is an exempting circumstance or an
Under the first element, it is required that the legally
married spouse surprises the other spouse while
in the actual act of sexual intercourse with another
absolutory cause.
PEOPLE v. ABARCA
person. So note the surprising must be in the In this case, there was this student reviewing for the
actual act of sexual intercourse and NOT bar. There were already rumors that his wife was having an
before, NOT after. affair. So one time, he went home unannounced. Upon his
If you will read the book of Reyes, Justice Laurel, arrival, he saw his wife in sexual intercourse with another
naghinanakitsya. Sabinya, Why? Why should it man. The man jumped out the window. The husband
be in the actual act of sexual intercourse, you wanted to kill the man but he had no weapon at the time.
already saw your spouse with another man, why The man went away. It took the husband an hour before he
wait for the sexual intercourse? You know it will was able to find a weapon and upon finding a weapon, he
happen, why wait for it for Article 247? This is went directly to the whereabouts of the man, the lover of
what Justice Laurel said. But the Supreme Court the wife and killed the man. It took him one hour. The killing
said no, the surprising must be in the act of sexual took place an hour, not in the actual sexual intercourse, but
intercourse with another person. Not before, not is it immediately thereafter? Despite the fact that one hour
SECOND REQUISITE/ELEMENT:
had lapsed, would it be within the meaning of immediately
thereafter?
The second element requires that the said legally The Supreme Court, in this special case, said yes.
married spouse kills any or both of them or he According to Supreme Court, when the law uses the
inflicts serious physical injuries upon any or both phrase immediately thereafter; that the killing or the
of them. Again, while in the act of sexual infliction of serious physical injuries must take place
intercourse or immediately thereafter. There is no immediately thereafter, the law did not say that the killing
question as to the actual act of sexual must be done instantly. According to the Supreme Court, it
intercourse but what about immediately suffices that the proximate cause for the said killing is the
thereafter? said pain and the look on the said husband upon chancing
What does the phrase immediately thereafter mean? his wife in the basest act of infidelity. This is an exceptional
case.
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Why an exceptional case?
murder. attended by any qualifying circumstance under Article
248, the killing is considered as Homicide under Article
ART 248 MURDER
ELEMENTS:
1. That a person was killed
249.
victim can be identified.
him shall be criminally liable. ART 253 GIVING ASSISTANCE TO SUICIDE
TWO ACTS PUNISHABLE:
I.By assisting another to commit suicide, whether the
ART 252 PHYSICAL INJURIES INFLICTED IN suicide is consummated or not; or
TUMULTUOUS AFFRAY II.By lending assistance to another to commit suicide to
ELEMENTS:
1. That there is a tumultuous affray
2. That a participant or some participants thereof suffer
the extent of doing the killing himself.
him shall be criminally liable. ELEMENTS:
1. That the offender discharges a firearm against or at
another person
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Q: What if there was this park. The park was full of people
infanticide.
relationship.
It is the age that is controlling, not the
any person.
murder, as the case may be. penalty will be lowered not by one, but by two degrees,
from reclusion perpetua to death, the penalty of the mother
Q: What if in the said merry-making, there were so many
people. X went there. He saw his enemy Y and went
directly to Y, took out his gun and he poked the gun without
will only now become prision mayor.
Q: What if let us say that the killer of the less than three
discharging. What crime is committed? day old child is the maternal grandparents. The
A: The crime committed is other light threats. grandparents conspired in the killing in order to conceal the
So here, threatening another with a gun, without dishonor of their daughter. What is the effect of the
discharging, only poking. It is other light threats. It concealment of the dishonor?
is not grave threats, it is not light threats. It is only A: The concealment of the dishonor will also
other light threats, arrestomenor.
totally defenseless.
Q: But what if despite the fact that the female student had
ARTICLE 258 ABORTION PRACTICED BY THE already taken or drank the abortive beverage still the fetus
WOMAN HERSELF OR BY HER PARENTS survived? Malakasangkapitngbatasa maternal womb. What
ARTICLE 259 - ABORTION PRACTICED BY A crime is committed if any by the boyfriend and the
PHYSICIAN OR MIDWIFE AND DISPENSING OF girlfriend? Is there a crime such as frustrated intentional
ABORTIVES
Note that there are four (4) articles on abortion but there
abortion?
A: YES. There is a crime such as frustrated
intentional abortion. Here, the said woman has
are only two (2) type of abortion: already taken the said abortive beverage. He has
1. INTENTIONAL ABORTION already performed all the acts necessary to
2. UNINTENTIONAL ABORTION consume the crime of abortion however, abortion
Because the abortion practiced by the woman herself or did not result because of causes independent of
the mother and the abortion practiced by a physician or their will. Malakasangkapitngbatasa maternal
midwife are all intentional abortion. So in effect, we only womb and so the baby survived. And so, they are
have to kinds of abortion. We have intentional abortion and
unintentional abortion.
ABORTION is the willful killing of a fetus from the
both liable for frustrated intentional abortion.
maternal womb which results in the death of the fetus.
ILLUSTRATION:
without the consent of the woman by Q: So lets say a man exerted physical violence against the
administering aborting drugs or beverages without woman who happens to be his enemy. The said woman
the consent of the pregnant woman. was severely hurt however, the baby was not hurt. The
3. By acting without violence, with the consent of the fetus inside the tummy did not die. What is the crime
pregnant woman that is by administering aborting committed by the said man?
drugs or beverages to a pregnant woman this time A: Only serious physical Injuries against the
one (1) way and that is by exerting physical violence on a Q: But what if in the said problem, the man inflicted
pregnant woman. And in result thereof, an unintentional violence on the pregnant woman who happens to be his
abortion was suffered. enemy. Lets say he kicked and moved the said woman
In unintentional abortion the force employed was severely and by reason thereof the pregnant woman was
physically exerted on a pregnant woman. The intention of 1:44:17. What crime/s is/are committed?
the offender is not against the baby or the fetus but against A: The crime committed against the woman is
the mother. His intention is against the mother but in so serious physical injuries. As against the fetus,
doing, since the mother is pregnant, the baby/fetus was the crime committed is unintentional abortion.
also aborted. So abortion was unintentionally caused.
ILLUSTRATION:
Now, it resulted from one single act therefore it will
result to a complex crime of SERIOUS PHYSICAL
INJURIES WITH UNINTENTIONAL ABORTION
Q: So what if there were two college students, a boyfriend under ARTICLE 48 OF BOOK 1. It is a complex
and girlfriend. The girlfriend became pregnant and the crime. It is a single act resulting to two less grave
boyfriend said, I am not yet ready. We are still so young so
I cannot marry you. And so by reason thereof the girlfriend
said, how about my situation? I am already pregnant. And
felonies.
Under Article 261, the persons criminally liable are both the
arrived from work, he became jealous and with the use of a challenger and the instigator.
knife he stabbed the wife. The wife died and the fetus died. NOTE that if it is not a duel or there is no agreement to
What crime/s is/are committed? combat or to fight, lets say there was no agreement
A: In so far as the wife is concerned, the crime between A and B to fight and yet they fought and B died,
committed is parricide. In so far as the baby is the crime committed is HOMICIDE because Article 260 and
concerned, the crime committed is 261 only applies if there is an agreement to fight, to a duel
unintentional abortion. Again, it resulted from
one single act of stabbing the wife therefore it will
or a combat.
ABORTIVES 2. By intentionally committing other mutilation that is,
by depriving him of any other part of his body with
UNDER ARTICLE 259, there is another act punished and
that is dispensing of abortives. Dispensing of abortives is
committed by a pharmacist who shall dispense an abortive
intent to deprive him of such part of his body.
physician will hold the said pharmacist criminally liable.
or agreed to fight.
ELEMENTS OF A DUEL:
law requires that there must be the deliberate
intent to mutilate, the deliberate intent to clip off, to
severe a particular part of the body of a person.
1. It is necessary that the offenders that there was an Absent that deliberate intent, any person who
agreement to engage in combat or in a fight. loses a part of his body, it can only be serious
2. There must be two or more seconds for each physical injuries but not mutilation. So in mutilation
combatant. it is always committed with deliberate intent or
3. The firearms or the arms to be used as well as the dolo to mutilate. Absent that, it is serious physical
other terms of the combat must be agreed upon injury.
duel.
So under Article 260, the persons who are liable are the
deliberate intent to clip off or to severe the right
hand of B. His intention was to attack or to stab B
and in so doing, it resulted to the loss of an arm
combatants and adversaries, those who engage in a duel therefore, the CRIME COMMITTED IS SERIOUS
and yungkanilangalalay, yung seconds.
substances absent intent to kill.
contemplated.
physical injuries.
stage of Homicide. So there must be no intent to kill. serious physical injury but under the Second
Category already. The penalty is lesser than that
ARTICLE 263 SERIOUS PHYSICAL INJURIES
are:
When the offender becomes DEFORMED.
imbecile, impotent, or blind in consequence of the So what is this so-called DEFORMITY which will result in
physical injuries inflicted.
2. When the injured person:
a. Loses the use of speech or the
serious physical injury?
more than 30 days, it is already, serious physical injury.
crime was committed?
becomes INSANE.
act.
through a natural healing process.
yet he has only the mind of a 2-7 year old child.
A boxed B, A lost another tooth.
person liable for serious physical injuries?
is still a fact that by reason of the said injury it ARTICLE 266 SLIGHT PHYSICAL INJURIES AND
cannot be healed through the natural healing
process. It will require the attendance of medical
surgeon. Therefore, it is considered as a
MALTREATMENT
deformity.
deployment of medical attendance. 2. Physical injuries which did not prevent the
offended party from engaging in his habitual work
Q: When is serious physical injuries qualified? or which did not require medical attendance
3. Ill-treatment of another by deed without causing
A: Serious physical injuries is qualified:
1. If it is committed against any of the persons
enumerated in Parricide. That is when serious
any injury
SUBSTANCE OR BEVERAGES
Art. 266.
According to the Supreme Court, there was pain
ELEMENTS: inflicted on A, but there was no injury and there was no
1. The offender inflicted serious physical injuries intent to kill because the said offender immediately ran
upon another away after hitting him a single time. So the crime committed
2. It was done by knowingly administering to him any
injurious substances or beverages or by taking
advantage of his weakness of mind or cruelty
is MALTREATMENT OF ANOTHER PARTY.
ARTICLE 265 LESS SERIOUS PHYSICAL INJURIES
brought about by RA 8353 THE ANTI-RAPE LAW.
committed if by reason of the injury inflicted, the offended 2 TYPES OF RAPE/HOW RAPE IS COMMITTED:
party requires medical attendance or he cannot perform 1. By a man who shall have carnal knowledge of a
the work with which he is habitually engaged for a period of woman
10-30 days. So the requirement of medical attendance or
his incapacity to do his work for a period of 10-30 days, it
2. Sexual Assault
will bring about less serious physical injury.
PHYSICAL INJURIES?
The law is SPECIFIC.
or otherwise unconscious.
carnal knowledge of the said woman. Is it rape by carnal Therefore, under any all circumstances which involves the
knowledge? sweetheart defense theory will not lie in favor of a man.
Because it does not mean that when you are the
A: Yes. The Supreme Court said that the woman
who is sleeping is unconscious.
sweetheart, you can no longer rape the other person.
knowledge was done by the said man? Is it still rape?
consummate rape.
THIRD:
Q: What if, what the erectile penis has touched was the
number of the counts of rape. So if he had carnal outer portion of genitalia, that portion which became hairy
knowledge of the woman 5 times during the time that they during puberty, you have to distinguish whether it is acts of
were together 5 counts of statutory rape. That is because
the child, the victim, is below 12 years of age. Insofar as
criminal law is concerned, she does not have a mind of her
lasciviousness or attempted rape.
A:
own, she cannot give a valid consent.
Q: What if, so the law requires that the said act of carnal
CASE: PEOPLE VS JALOSJOS
the crime committed rape? if in doing so, the said man has no intention to lie
or to have carnal knowledge, that is only ACTS OF
A: Yes. The crime committed is rape. It is
INCESTUOUS RAPE. In case of incestuous rape,
it is the overpowering and overbearing moral
LASCIVIOUSNESS.
influence or moral ascendency of an ascendant What about the other form of Rape RAPE BY SEXUAL
over a descendant which takes place of force, ASSAULT
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CRIMINAL LAW 2
ELEMENTS:
c t
into
1. the
Offe geni
nde t a l
r o r
com anal
mits orifi
a n c e
act o f
o f anot
sex her
ual pers
ass on
ault 3.
2. The
The act
act o f
o f sex
sex ual
ual ass
ass ault
ault i s
i s acc
com omp
mitt lish
e d e d
b y und
any e r
o f any
the o f
follo the
win follo
g win
mea g
ns circ
a. ums
B y tanc
inse es:
rting a.
his B y
peni usin
s g
into forc
anot e or
her inti
pers mid
ons atio
mou n
t h b.
o r W h
anal e n
orifi the
ce, w o
or man
b. i s
B y dep
inse rive
rting d of
any reas
instr o n
ume o r
n t othe
o r rwis
obje e
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CRIMINAL LAW 2
unc A: In case of RAPE BY SEXUAL ASSAULT, the
ons penalty is only PRISION MAYOR. It is a bailable
ciou offense.
s, or If it is a RAPE BY CARNAL KNOWLEDGE, note
c. that the penalty is RECLUSION PERPETUA. It is
B y
mea
n s
a non-bailable offense
*So what if what has been inserted is the penis inside the
d mor
e
pers
mouth or the anal orifice, before that would only amount to ons
acts of lasciviousness - before the passage of RA 8353.
person.
sexual assault?
qualify the penalty? ne
Q: What are the instances wherein the penalty to be
ed i t y
with
i n
imposed is the capital punishment of death, so the extreme the
penalty of death?
1.
3 rd
civil
deg
W h ree,
e n o r
b y the
reas com
o n mon
o r law
o n spo
the use
occ o f
asio the
n of victi
rap m
e , 3.
hom W h
icid e n
e is the
com victi
mitt m is
ed und
2. e r
W h the
e n cust
the ody
victi o f
m is the
und poli
e r c e
1 8 o r
year milit
s of ary
age auth
and oriti
the e s
o ff e o r
nde any
r is pen
a a l
par insti
ent, tutio
asc n
end 4.
ant, W h
step e n
- the
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CRIMINAL LAW 2
rap b e
e is suc
com h by
mitt the
e d o ff e
i n nde
full r
vie befo
w of r e
the o r
spo duri
use, n g
the the
par com
ent, mis
any sion
o f o f
the the
chil rap
dre e
n of 6.
the W h
relat e n
ive the
b y victi
con m of
san the
guin rap
i t y e is
with belo
i n w 7
the year
3 rd s of
civil age
deg 7.
ree W h
5. e n
W h the
e n said
the o ff e
victi nde
m is r
a kno
relig w s
ious that
and h e
gau has
ged bee
i n n
legit a ff l i
imat cted
e with
relig HIV
ious viru
calli s or
n g AID
o r S or
voc any
atio othe
n r
and sex
h e uall
kno y
w n tran
t o smi
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CRIMINAL LAW 2
ssib tion
l e i n
dise ord
ase e r
and t o
the facil
viru itate
s of the
the com
dise mis
ase sion
i s o f
tran the
smit crim
ted e
t o 9.
the B y
victi reas
m o n
8. o r
W h o n
e n the
the occ
said asio
o ff e n of
nde rap
r is e ,
a the
m e said
mbe victi
r of m
the suff
AFP ere
o r d
parli per
ame man
ntar ent
y phy
unit sica
s , l
the muti
P N latio
P or n or
any disa
othe bilit
r y
m e 10.
mbe W h
r of e n
the the
law o ff e
enfo nde
rce r
men kne
t w
age that
ncy the
who o ff e
took nde
adv d
anta part
g e y or
o f victi
his m is
posi pre
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CRIMINAL LAW 2
gna not extinguish the criminal liability of the offender. It is only
nt at through:
the 1.
time The
o f o ff e
the nde
com d
mis w o
sion man
o f may
rap par
e don
11. the
W h o ff e
e n nde
the r
o ff e thro
nde ugh
r a
kne sub
w of seq
the uent
men vali
t a l d
disa mar
bility riag
, e ,
emo the
tion e ff e
a l ct of
diso whi
rder c h
and/ wou
o r l d
phy b e
sica the
l exti
han ncti
dica o n
p of o f
the the
o ff e o ff e
nde nde
d r s
part liabi
y at lity
the 2.
time The
o f lega
the l
com hus
mis ban
sion d
o f may
the b e
crim par
The presence of any of these circumstances will bring
e don
e d
b y
about the imposition of the maximum penalty of death. forgi
However, death is lifted because of RA 9346 which ven
prohibits the imposition of death penalty.
EXCEPTION: In case of MARITAL RAPE. If the legal wife
o
D. "Economic abuse" refers to acts that make or attempt to
make a woman financially dependent which includes, but is
not limited to the following:
has forgiven or pardoned the legal husband.
1. withdrawal of financial support or preventing the
Q: When is there PRESUMPTION OF RESISTANCE?
Q: What is hazing?
(4) Destroying the property and personal A: Hazing is an initiation rite or practice which is
belongings or inflicting harm to animals used as an admission into membership in any
or pets of the woman or her child; and fraternity or any other organization wherein the
(5) Engaging in any form of harassment said recruit/neophyte/applicant is placed under the
or violence; an embarrassing or humiliating situations such as
(i) Causing mental or emotional anguish, public forcing him to do menial, silly, and foolish tasks or
ridicule or humiliation to the woman or her child, services or subjecting him into psychological or
including, but not limited to, repeated verbal and
emotional abuse, and denial of financial support or
custody of minor children of access to the
physical injury or crime.
years.
Q: Lets say the wife filed a case against the husband for 2.
applicants.
initiation rite.
liable as principal.
to prevent its occurrence.
injuries only and not for violation of RA 7610.
held liable as principal.
RA 8049.
for all the consequences of his actions. (Art 4
book 1)
In the case of Lenny Villa Hazing; Sereno et.
children exploited in prostitution and other sexual abuse.
Aggravating Circumstances:
al. considered Art. 4 wherein they ruled (a) Those who engage in or promote, facilitate or
Reckless Imprudence resulting to homicide. induce child prostitution which include, but are not
o (I disagree) In Reckless imprudence, the limited to, the following:
said person must be performing an act (1) Acting as a procurer of a child
which is not felonious but by reason of prostitute;
negligence or imprudence, a felony (2) Inducing a person to be a client of a
resulted. Therefore, in the case of child prostitute by means of written or
Lenny Villa, the ruling shall be
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CRIMINAL LAW 2
oral advertisements or other similar Welfare and Development or written permit or
means; justification from the child's parents or legal
(3) Taking advantage of influence or guardian;
relationship to procure a child as
(b) when the pregnant mother executes an
prostitute;
affidavit of consent for adoption for consideration;
(4) Threatening or using violence towards
a child to engage him as a prostitute; or (c) When a person, agency, establishment or
(5) Giving monetary consideration goods child-caring institution recruits women or couples
or other pecuniary benefit to a child with to bear children for the purpose of child trafficking;
intent to engage such child in or
prostitution.
(d) When a doctor, hospital or clinic official or
(b) Those who commit the act of sexual
employee, nurse, midwife, local civil registrar or
intercourse of lascivious conduct with a child
any other person simulates birth for the purpose of
exploited in prostitution or subject to other sexual
child trafficking; or
abuse; Provided, That when the victims is under
twelve (12) years of age, the perpetrators shall be (e) When a person engages in the act of finding
prosecuted under Article 335, paragraph 3, for children among low-income families, hospitals,
rape and Article 336 of Act No. 3815, as amended, clinics, nurseries, day-care centers, or other child-
the Revised Penal Code, for rape or lascivious during institutions who can be offered for the
conduct, as the case may be: Provided, That the purpose of child trafficking.
penalty for lascivious conduct when the victim is
TITLE NINE
under twelve (12) years of age shall be reclusion
CRIMES AGAINST PERSONSAL LIBERTY AND
temporal in its medium period; and
detention.
public officer.
incarcerated.
consequence thereof.
homicide.
illegal detention. offender; it could be any other crime but
not kidnapping and serious illegal
In so far as the father who has been
killed; since he is not the victim of serious
illegal detention, it will constitute a
detention.
separate and distinct crime of: homicide.
Detention with Rape.
illegal detention with multiple rape.
268.
illegal detention.
the neighbor a lesson, he kidnapped and detained the Q: A was walking when suddenly he was arrested by
said neighbor and placed the said neighbor in a B, a police officer. The police officer said that a case
secluded place in a vacant area one morning. has to be filed against him. The arrest was made
However, later on, A felt sorry for his neighbor and he without warrant of arrest. A was not caught committing
released his neighbor that night. What is the effect in a crime inflagrante delicto and not also an escapee but
the criminal liability of the offender A? he was incarcerated. Thereafter a case has been filed
A: Under Art 268 (Slight Illegal against him however since there was no complainant,
Detention); if the offended party has been the fiscal dismissed the case for lack of probable
released. Such release will be cause. What crime is committed by the police officer?
considered as a privileged mitigating A: The crime committed is unlawful
circumstance because from the penalty
of reclusion temporal, the penalty would
be lowered by one degree that is prision
arrest.
offender.
mitigate the criminal liability of the said
offender.
with the custody of a minor.
the criminal liability of the offender.
criminal liability.
suffice.
Art 270 against the father. Will the case prosper?
debt.
enslave such human being.
minor.
It is committed by: Any person who shall detain a
however left. Later, B was rescued. Can he file a
case in violation of Art 275 against A?
A: Yes because B was found by A in an
child in his service against the will of the child uninhabited place and he was wounded
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and in danger of dying because theres a ART 276 ABANDONING A MINOR
big trunk of tree on his neck and theres ELEMENTS:
no detriment on the part of A to render 1. Offender has the custody of the
assistance but he failed to render child.
assistance therefore A may be held liable 2. Child is under 7 years of age.
A: Yes.
ACTS PUNISHED:
1. Abandonment of a child by a person
entrusted with his custody.
1. It is committed by: any person
who, having entrusted with the
living and education of a minor
shall deliver a minor to a public
institution or other persons
without the consent of the person
who entrusted such minor to the
care of the offender or, in his
absence, without the consent of
2.
the proper authorities.
Indifference of parents
1. It is committed by: any parent
who neglects any of his children
by not giving them the education
which their station in life requires
involves circus)
QUALIFIED.
Prohibition to enter
uninhabited.
Prohibition to enter
ART 280 QUALIFIED TRESSPASS TO DWELLING can either be
must be manifest.
It is committed by: a private individual who shall expressed or implied.
enter the dwelling of another against the will of
Entry was made Entry was made
ELEMENTS:
the latter.
against the will of the
owner or the
without securing the
permission from the
1. Offender is a private individual possessor of the said owner or the care taker
It is committed by a private individual dwelling. of the said property.
because if it is a public officer; then the
crime is under Art 128 which is: Violation
of Domicile. Q: Lets say there are these town houses. In one
2. He enters the dwelling of another of the town houses, town house A; theres no
3. Such entrance is against the will of the latter. person living at the moment and there was this
1. As discussed under Art. 128; when sign: FOR RENT/ FOR LEASE. X entered the said
the law says against the will, there town house. What crime is committed by X? Is it
must be a prohibition or opposition qualified trespass to dwelling or is it trespass to
from entering whether express or property?
2.
implied.
2. Light threats
3. Other light threats
the penalty is qualified.
condition.
unlawful. involved in his threat. And the last one is by orally
threatening another which does not constitute a
Art. 284 BOND FOR GOOD BEHAVIOR
In all cases falling within the two next preceding
articles, the person making the threats may also be
crime.
destierro.
idea in his threat. It is only other light threats.
Q: What if, let us say, A saw that B has a new car. It was a
what X did in order to prevent him is that X boxed A
resulting in his injury of slight physical injuries. What crime
is committed by X?
luxury car. He knew that it was smuggled and so he told B: A: It is not grave coercion. Because X is
B, if you will not give me P500,000, I will call the Bureau of preventing A by means of violence and
Customs, I will tell ComissionerBiazon right now that your intimidation, not from doing something which is
car is smuggled. What crime if any is committed by A prohibited by law but from doing something which
against B? is prohibited by law. Therefore, it is not grave
A: It is LIGHT THREATS. He threatened to coercion.
commit a wrong which does not constitute a crime. So what crime is committed?
It is not a crime to inform the Bureau of Customs The crime committed is SLIGHT PHYSICAL
that the car was smuggled and it is subject to a
demand of money and the imposition of any other
INJURIES.
Cannot be committed in
2 way of committing grave coercion: May be committed in writing or through internet
1. Preventive Coercion writing or through an chatting because it is
2. Compulsive Coercion
injury, annoys, vexes or irritates an innocent person.
pipe on the head.
the part of the offended party.
There was a UST medical student. There was a ARTICLE 291 REVEALING SECRETS WITH THE
cloth soaked with chemical pressed on her face. ABUSE OF OFFICE
So there was this man, she was awakened with a This is committed by a manager or by an employee or by a
man on top of her placing a cloth soaked with servant who reveals the secrets of his principal or master
chemical pressed on her face. The charge was learned by him in such capacity.
attempted rape. Supreme Court said it was just It is the REVELATION OF SECRETS which will
UNJUST V E X AT I O N nang- consummate the crime, not merely discovery but
iinislangdawyunglalakingyun. So, Supreme Court revelation of the said secrets. Again, damage is not an
said it is a human conduct which annoys or vexes element. It is not necessary that the offended party be
laborer. OFFENDED PARTY.
The law requires to the prejudice of the owner thereof.
So it is more on LABOR other light coercion.
REVELATION OF SECRETS:
4. Communicating the contents of the said tape
record, wire record or disc record, in writing or
verbally to another person.
ARTICLE 290 DISCOVERING SECRETS THROUGH 5. Furnishing transcriptions of these tape record,
SEIZURE OF CORRESPONDENCE wire record or disc record whether totally or
We have seizure of correspondence in order to discover
the secrets of another.
This is committed by any person who shall seize any
partially to any other person.
of any person. without the consent of all the parties. Without being
authorized by all the parties to the said private
communication or spoken word.
investigation.
word.
of speech or the power to hear or to smell, or the
loss of an eye, a hand, foot, an arm, or a leg or
the loss of the use of any such member or
TITLE TEN incapacity to go to work in which the injured
CRIMES AGAINST PROPERTY person is thereto habitually engaged is inflicted.
Art. 293 Who are guilty of robbery? 5. If violence or intimidation employed in the
Robbery is committed by any person, who with commission of the robbery is carried to a degree
intent to gain shall take any personal property belonging to clearly unnecessary for the commission of the
another by means of violence against, or intimidation of any crime
person, or using force upon anything.
Elements of Robbery:
6. When in the course of its execution, the offender
shall have inflicted upon any person not
responsible for the commission of the robbery any
1. That the offender unlawfully takes a personal of the physical injuries in consequence of which
property the person injured becomes deformed or loses
2. That the said personal property belongs to any other member of his body or loses the use
another person thereof or becomes ill or incapacitated for the
3. There must be intent to gain in the taking of the performance of the work in which he is habitually
said property engaged for more than 90 days or the person
4. That the said taking is either by means of violence injured becomes ill or incapacitated for labor for
against, or intimidation of any person, or using more than 30 days
5.
force upon anything
another person, there is an element of permanency.
another person. Intent to gain is presumed by law.
offended party in the killing it is still robbery with homicide.
criminally liable of?
single indivisible offense of robbery with rape.
commission of the robbery.
mutilation and robbery with arson.
during or after the commission of the said robbery.
Chapter One
Q: So let say A and B saw X walking. It was pay day and so CRIMES AGAINST LIBERTY
A and B announced a holdup. They were both armed with
guns and so what X did since they were both armed with
Section One Illegal Detention
guns, he gave the bag. By reason thereof, A and B already
left the place. While A and B was waiting for a ride in a
waiting shed, A and B divided the things they took from X. Art. 267. Kidnapping and serious illegal detention.
So A told B, this is your share. B said, why is my share It is committed when any private individual who
smaller than your share?! And so B got and he shot A. A kidnaps or detains another, or in any other manner
died. What is the crime committed?
deprive him of his liberty. When such detention is
A: The crime committed is robbery with homicide
because even if it was also an offender who was illegal or committed in any of the following
killed, the killing took place by reason of the said circumstances:
robbery.
Can a public officer also commit kidnapping and
have kidnapping and serious illegal
detention with ransom.
serious illegal detention? b. If the person kidnapped or detained died
- Yes. If said public officer has not been vested or is killed as a consequence of
by law with the authority to effect arrest and kidnapping and serious illegal detention,
detain a person, then said person is acting in we have kidnapping and serious illegal
his private capacity. Since he is acting in his detention with homicide.
private capacity then he is liable for c. If the person kidnapped or detained is
kidnapping and serious illegal detention and raped, we have kidnapping and serious
not under Article 124 which is arbitrary illegal detention with rape.
detention. d. If person kidnapped or detained is
2nd Element subjected to torture or other
When is there detention? dehumanizing acts.
- There is detention if the offender detains the
person or liberty of another person. He must
Kidnapping and Serious Illegal Detention with
be detained or incarcerated, there must be Ransom
showing that there was restraint in his person - Ransom
or liberty. Otherwise, if there is no restraint in - Any money, price or consideration given or
his person or liberty, it could be any other demanded as a redemption for the liberty of
crime but not kidnapping and serious illegal the person detained. Any money, price or
detention. consideration which is given in exchange for
- The law requires that detention must be the liberty of the person detained or
illegal. Therefore, there should be no incarcerated is considered ransom.
reasonable ground thereof.
Circumstances that will make the crime serious
-People vs. Mamantak
While the mother and her daughter were in a
illegal detention: food chain in Tondo, the mother lost her
a. The kidnapping or detention shall have daughter. She searched for her daughter over
lasted more than three days; a year. A year and 6 months thereafter, she
b. It shall have been committed simulating received a phone call from a Muslim woman
public authority; claiming that she has her daughter and she
- By pretending to be a public officer, was demanding P30,000 in exchange of her
pretending to be NBI agent. child. The woman instructed the mother to go
c.Any serious physical injuries shall have to a restaurant, where the exchange will take
been inflicted upon the person kidnapped place. However, the mother already reported
or detained; or if threats to kill him shall the call to the police. When they were in the
have been made; restaurant and while the exchange was taking
d.The person kidnapped or detained shall be place, the police apprehended Mamantak.
a minor, female or public officer. The crime charged was kidnapping and
The presence of any of these circumstances will
serious illegal detention with ransom. The
RTC convicted the accused, however for
make the crime serious illegal detention and the kidnapping and serious illegal detention but
absence of any of these circumstances will make not for ransom. According to the RTC, the
the crime slight illegal detention under Article 268. amount given, 30 thousand pesos, is such a
Note that the penalty is reclusion perpetua to
small amount to be considered ransom.
According to the RTC it is merely a payment
death. What then are the circumstances that will for the board and lodging of the child during
Example
committed?
-In so far as the minor is concerned, the crime
A was indebted to B. B was asking for the committed is kidnapping and serious illegal
payment, however A failed to pay. B got fed up detention. Even if it has not lasted for a period
therefore he kidnapped the minor child of A. B of more than three day, the fact that the victim
called A telling him that he would only release his is a minor, the crime committed is kidnapping
child if he pays his indebtedness of half a million. and serious illegal detention.
Is the crime of kidnapping and serious illegal -In so far as the father is concerned, since he is
detention with ransom committed? not the victim of the crime of kidnapping, a
-Yes, it is already kidnapping and serious illegal separate crime of homicide should be filed.
detention with ransom even if the amount -Therefore, there are 2 crimes committed by said
being asked by the kidnapper is the kidnapper: kidnapping and serious illegal
indebtedness of the father of the kidnapped detention, in so far as the minor is concerned
child. So any amount given or demanded for and homicide in so far as the father is
the release of the person detained, that is concerned.
already considered ransom.
NOTE: The same is true for kidnapping and
Kidnapping and Serious Illegal Detention with serious illegal detention with rape. It is necessary
Homicide that the victim is the one raped and since it is
-It is a special complex crime. Therefore, since it is again a special complex crime regardless of the
a special complex crime, regardless of the number of times that the victim was raped the
number of the victims, it is still kidnapping and crime committed is only kidnapping and serious
serious illegal detention with murder or illegal detention with rape. There is no such crime
homicide. as kidnapping and serious illegal detention with
-People vs. Laranaga
multiple rapes. Only kidnapping and serious illegal
detention with rape and so with kidnapping and
- There were 2 kidnapped victims. They were serious illegal detention with physical injuries
sisters kidnapped and raped, thereafter killed. which is also a special complex crime.
SC held that even though there were 2
victims the crime committed is kidnapping and
Example:
serious illegal detention with homicide. A, is a 6 year old child, while playing in the
- NOTE: It is the victim himself or herself who
playground was approached by X and gave her
candy. Meanwhile, the mother was busy hanging
died. If it is another person, it is another their clothes. After a while, X came back and this
separate and distinct crime because the law time gave the child money. The child was so
is particular that the victim himself is the one happy and easily persuaded to go with X. The
that is killed or dies as consequence thereof. mother searched for her daughter but she was
Example:
nowhere to be found. X brought the child in his
house and molested her twice. The following day,
A kidnapped the child of B who is his enemy. Child the mother found her child in their house with torn
is 10 years old. While being held, the child tried to and blooded clothes. The crime charged was
escape. A caught the child trying to escape. He kidnapping and serious illegal detention with rape.
shot the child. What was the crime committed? Is the crime charged proper?
-The crime committed was kidnapping and serious -No, the charge is wrong because the obvious
illegal detention with homicide intention is to rape the child and not to detain
her. SC held that the man is guilty of 2 counts
If any of the circumstances is absent it will only be
kidnapping and serious illegal detention under
Article 267 and no amount of voluntary release will
slight illegal detention under article 268. mitigate the criminal liability of the offender.
Art. 268. Slight illegal detention. Art. 269. Unlawful arrest.
Elements: Elements:
1. Offender is a private individual 1. Offender arrests or detains another person
2. He kidnaps or detains another, or in any other 2. The purpose of the offender is to deliver him to the
manner deprive him of his liberty proper authorities
3. The act of kidnapping or detention is illegal 3. The arrest or detention is not authorized by law or
4. Committed absent any of the circumstances under there is no reasonable ground therefor.
Art. 267 Example:
Example A was walking when he was arrested by B a police
A, was envious of his neighbor. He kidnapped said officer. The arrest was without warrant but the
neighbor in the morning and placed him in a same was not executed under any of the
secluded place. A realized that he might be circumstances for a valid warrantless arrest.
imprisoned, so he decided to release his neighbor Because there were no complainants and
in the evening. What is the effect if such release to evidence presented, the fiscal dismissed the case.
the criminal liability of A? What is the proper crime to be charged?
-Under Article 268, slight illegal detention, it is -The public officer is guilty of unlawful arrest. The
provided that if the victim is released, such fact that he has been detained is already
release shall be considered as a privilege absorbed because the intention of the said
mitigating circumstance because from the public officer is to file a case against him, that
penalty of reclusion temporal, the penalty will is, to deliver him to the proper authorities.
be lowered by one degree which is prision Therefore the arbitrary detention is absorbed
mayor. However, in order that this voluntary in unlawful arrest.
release maybe considered a privilege
mitigating circumstance these are the
Section Two Kidnapping of minors
requisites:
a. The release must be within three days
Art. 270. Kidnapping and failure to return a minor
from the commencement of the Elements:
detention; 1. Offender is any person entrusted with the custody
Trespass to Dwelling vs. Trespass to Property
with a demand of money or imposition of any
other condition, even though not unlawful, and
Example
Light threats:
- Any threat to commit a wrong not constituting a
crime, but it is always subject to a demand of
Townhouse A was currently uninhabited. There was a
money or imposition of any other condition, even
notice posted that it was for rent. X entered the said
though not unlawful
townhouse. What crime was committed by A?
-Trespass to Property because at that time the
Art. 284. Bond for good behavior
premises was closed and uninhabited and he
Example:
enters without securing the permission of the A threatened to kill B. B filed a case of grave threats
owner or the caretaker.
A and B, husband and wife, went on vacation for a
against A. Upon filing of the case, what bail if any should
the court impose upon A?
ANS: BOND FOR GOOD BEHAVIOR - is a bail
month. Their house was therefore uninhabited. X learned
required by the court to be posted by any accused
that there was no one inside the house. he entered the
only in the crimes of grave threats and other light
house. what crime was committed? Is it Trespass to
threats. This is to ensure that the offender will not
Property or Qualified Trespass to Dwelling?
make good the threat imposed by him. Failure to
-Qualified Trespass to Dwelling. It is a residential
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CRIMINAL LAW 2
post the bond, the offender shall be sentenced to
destierro.
Example:
A learned that B was spreading negative rumors against
Art. 285. Other light threats him. A was so mad so he went to the house of B and
Acts punished:
1. Threatening another with a weapon or draw such
shouted, B get out of your house. I will kill you! I will kill
you! But B did not go out of the house. Instead, it was
the son of B who went out. A told the son to let his father
weapon in a quarrel, unless it be in lawful self-
go out because A would kill him. Upon hearing this, the
defense
son went inside the house and did not go back. B as well
2.
Orally threatening, in the heat of anger, another
did not go out. Later, A left Bs house.
CRIME: A committed other light threats. A, in the
with some harm not constituting a crime, and who
heat of anger, orally threatened B with a wrong
by subsequent acts show that he did not persist in
constituting a crime but he did not pursue the
the idea involved in his threat
idea.
3. Orally threatening to do another any harm not
A saw that B has a new Lexus. A knew that the car was
constituting a felony
smuggled. A told B. If you will not give me 500,000php, I
Whether it be grave, light or other light threats, the
will tell the Bureau of Customs that your car is
smuggled.
essence of the threats is intimidation - the promise of a CRIME: Light threats. A threatened to commit a
future wrong or harm.
Threats can be committed personally, orally, in writing or
wrong not constituting a crime. It is not a crime to
tell Customs that the car was smuggled. The
threat is subject to a demand of money or the
through an intermediary. If committed in writing or
imposition of any other condition, even though not
through an intermediary, the penalty is qualified.
DISTINCTION: GRAVE, LIGHT, OTHER LIGHT THREATS
unlawful.
-
Unlike in threats where the essence of
employee or laborer
it is violence; or intimidation
Art. 292. Revelation of industrial secrets
sufficient enough to amount REVELATION OF INUSTRIAL SECRETS
to violence - committed by any person in charge or an
employee in an industrial of manufacturing
establishment who shall learn and discover the
Art. 287. Light coercions
LIGHT COERCION - committed by a creditor who shall secrets of the industry and shall reveal the same
seize anything belonging to his debtor by means of to the prejudice of the owner thereof. DAMAGE
violence or intimidation for the purpose of applying the must be caused to the offended party. Mere
same to the indebtedness
related to light coercion is UNJUST
revelation of secrets will not suffice.
- In relation to
VEXATION which refers to any human RA 4200 (ANTI-WIRE TAPPING LAW)
conduct, although not capable of producing ACTS:
any harm or material injury, annoys or vexes 1. It shall be unlawful for any person, not obtaining
an innocent person. the consent of all the parties to any private
2 Types of Robbery:
2.
Knowingly possessing any tape record, wire
1. WITH VIOLENCE AND INTIMIDATION
- In this kind of robbery, the value of the
record, disc record, or any other such record, or property taken is immaterial because the
copies thereof, of any private communication or penalty is dependent on the violence
spoken word employed by the offender.
3. By replaying the wire record, tape record, disc
2. WITH FORCE UPON THINGS
- The value of the property taken is material
record for any other person or persons; or because the penalty is dependent upon the
communicating the contents thereof, either value of the property.
Example:
killing
People vs Cabbab
A went to the house of B and took the valuables In a game played by A, B, X, Y and Z, it was A who won the
therein. During the taking, one jewelry box suddenly game. After the game, while A, B and Z were about to
fell on the floor. This awakened the owner of the leave, X and Y were furiously looking at them. Suddenly, X
house, X. When A saw this, he immediately shot X and Y fired several shots against A, B and Z. Z, who was a
police officer, dove into the canal in order to prevent himself
People vs Suyu
In the same problem, while A and B were dividing the
loot, B got a small share. Because of this, B took his ice
A couple was having snack inside the car. While eating, pick from his pocket and used it to put an X mark on the
they saw shadows of four men trying to push the car. One face of A. This serious physical injury resulted to
of them was Suyu. The couple was forced to open the door deformity.
and get out of the car. The men took the valuables of the CRIME: Robbery and Serious Physical injury.
couple. While the men were taking the valuables, the Under Art. 294 par 4, when the serious physical
boyfriend ran and left the girlfriend. After taking the injury that resulted is a deformity, or the loss of
valuables, the men dragged the abandoned girlfriend to a any other member of his body, the law requires
nearby nipa hut. Inside the nipa hut, the girlfriend was that the said serious physical injury or deformity is
raped by Suyu, the mastermind. After Suyu, the girlfriend inflicted in the course of the execution of the
was again raped by the other companion. The girlfriend robbery upon a person not responsible for the
was raped three times. Rape with carnal knowledge and robbery. Otherwise, it will bring about a separate
rape with sexual assault were committed against her. The and distinct crime.
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CRIMINAL LAW 2
Here, the deformity was inflicted after the robbery observe the sequence. So if there was only
and upon a person responsible for the rape, intentional mutilation, serious physical
commission of the robbery. Thus, there are two injuries, it will be robbery with rape. It will only
crimes committed: Robbery and Serious Physical be a single indivisible offense. It will be a
Injury. special complex crime.
What if A went to the house of B, instead of X which was
his original plan. A, while taking the valuables, made Art. 295. Robbery with physical injuries, committed in
some noise and awakened the owner of the house, and an uninhabited place and by a band, or with the use
so A shot the owner of the house. The owner of the of firearm on a street, road or alley.
house died. Thereafter A hurriedly went downstairs.
Downstairs he saw the wife, found the wife attractive,
and he raped the wife. After raping the wife, he also saw Art. 296. Definition of a band and penalty incurred by
the maid and found the maid attractive, so he raped the the members thereof.
maid. The moment he got out of the door of the house,
the gardener saw him and tried to prevent A from leaving
the house. And so A shot the gardener, and in shooting
Art. 297. Attempted and frustrated robbery
the gardener, A shot the arms several times, resulting in
committed under certain circumstances.
the severance of the arm, so intentional mutilation. Not
only that, when he was going out of the gate, here comes
the driver, preventing A from leaving the house. So what Art. 298. Execution of deeds by means of violence or
A did was that he boxed the driver several times which intimidation.
resulted to serious physical injuries. What are the crimes
committed?
Section Two Robbery by the use of force upon things
So we have one death, two rapes, intentional
mutilation and serious physical injuries.
ROBBERY WITH USE OF FORCE UPON
THINGS
A only committed the single indivisible offense of
robbery with homicide. All the rape, intentional
Art. 299. Robbery in an inhabited house or public
mutilation and serious physical injuries are
merged into the composite integrated offense and
that is, the single indivisible offense of robbery
building or edifice devoted to worship
It is necessary that the entire body must have
Article 332, it is only on cases of theft, swindling,
estafa, and malicious mischief, wherein theres no
enter, otherwise, even if there is breaking, it would criminal liability but only civil liability in case of
only amount to theft and that breaking would relatives living together.
amount only to aggravating circumstance. The
Supreme Court ruled that when the law used the
In the same problem, what if A was in need of money, he
word enter, it means that the entire body must saw the expensive watch of B on top of the table and
have entered said place to take the property of sold the watch. What crime was committed?
another. A committed the crime of theft since there is no
Example
breaking or forcibly opening the receptacle. Under
Art 332, he is only liable for civil liability. They are
A, in order to rob the house made an opening in the roof, free from criminal liability.
sufficient for him to enter. So he used a rope in going
down and thereafter he took the valuables and then left.
Art. 332. Persons exempt from
What crime is committed? criminal liability. No criminal, but
Robbery by use of force upon things. A made an only civil liability, shall result from the
opening and he was able to enter fully. commission of the crime of theft,
What if he made an entry, let down a rope with a hook
swindling or malicious mischief
committed or caused mutually by the
and used it in taking the valuable. following persons:
The crime committed only is theft with aggravating 1. Spouses, ascendants and
circumstance of the breaking of the roof. His body descendants, or relatives by affinity
did not enter the premises. in the same line.
2. When the offender manages to enter said
2. The widowed spouse with respect
to the property which belonged to
inhabited place, dwelling, public place or place the deceased spouse before the
dedicated to religious worship without any same shall have passed into the
unlawful entry, or is an insider, and once inside, he possession of another; and
used force in opening in order to: 3. Brothers and sisters and brothers-
a. Break doors, wardrobes, chests, or in-law and sisters-in-law, if living
any other kind of locked or sealed together.
furniture or receptacle The exemption established by this article
NOTE: shall not be applicable to strangers
The second act is when the offender was able to participating in the commission of the
enter without unlawful entry or was an insider and crime.
once inside, breaks the doors, wardrobes, chest,
receptacles, and thereafter took the personal
Since it refers to simple crimes, if the crime committed is
properties inside the house. estafa through falsification of public document, there will
Example
be criminal liability. This exemption from criminal liability
will only lie in the cases mentioned in Art. 332.
A and B are brothers, living in the same house and in the
same room but have different cabinets where each of the 3.
When the offender manages to enter said
cabinets have locks. One time brother A was in need of inhabited place, dwelling, public place, or place
money and wanted to borrow money from brother B, but dedicated to religious worship without any
brother B was out of the house. So what brother A did unlawful entry, once inside he took the sealed
was that he forcibly opened the cabinet of brother B and receptacle outside to be opened or forced open.
took the expensive jewelries of brother B and
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CRIMINAL LAW 2
The offender was able to enter and once inside, valuables to him means that the original design is
he did not use force to open the close cabinet or to commit robbery. It was attempted because he
receptacle. Instead, he took the cabinet and was unable to take the property, and in the course
receptacle outside to open it. of thereof, he killed the owner.
In order to amount to special complex crime, it is
Circumstances that will qualify robbery with use of
force upon things: necessary that both the robbery and homicide
must be consummated.
Art. 300. Robbery in an uninhabited place and by a
band.
Under Article 300, if robbery is committed with
What if in the course of robbery, the said owner was shot
in an uninhabited place and by a band the but was able to survive. What crime is committed?
law used the conjunction AND, both must The crime committed is robbery with physical
concur in order to amount a qualifying injuries depending on the injuries sustained by the
circumstance, to increase the penalty. So it victim. In order to amount to robbery with
should be in an uninhabited place and by a homicide, it is necessary that both crimes must be
band, therefore both must be present. present and there is no such thing as robbery
with frustrated homicide or attempted
homicide, for it is the law which provides for the
Art. 295. Robbery with physical injuries, committed in
an uninhabited place and by a band, or with the use of crime which must be complexed, and the law does
not provide that frustrated homicide or attempted
firearm on a street, road or alley.
homicide must be complexed with robbery.
In case of robbery with serious physical injuries,
unnecessary violence or simple violence, how will the
In the instant case, since the killing took place at
crime be qualified?
the spur of the moment, then it is robbery with
The answer is under Art. 295, where if the said
homicide.
robbery is:
1. Committed in an uninhabited place OR
by a band
Chapter Two
2. By attacking any moving train, street car,
BRIGANDAGE
motor vehicle or airship
3. B y e n t e r i n g t h e p a s s e n g e r s
What if robbery was committed by 4 armed men?
compartments in a train; or
4. Taking the passengers by surprise in
their respective conveyances Art. 296. Definition of a band and penalty incurred by
5. On a street, road, highway, or alley and the members thereof.
the Intimidation is made use of a firearm A was walking, suddenly there are 4 men with knives and
NOTE:
took As bag which is full of money. A put up a fight. And
so these armed men killed A. What crime is committed?
That in case of robbery with violence or Is the crime committed robbery in band with homicide?
intimidation on persons, the qualifying There is no such crime as robbery by a band with
circumstances are present, only one of these is homicide. The said use of band is only an
sufficient to qualify the penalty. The law here uses aggravating circumstance. The proper designation
the conjunction OR not AND. of the crime is robbery with homicide. The fact that
Example:
it is committed by 4 armed men is only an
aggravating circumstance. Under Art. 296, if a
A went to the house of B. A told B this is a hold up and band committed robbery, it is only an aggravating
circumstance.
bring out the valuables. Instead of bringing the valuables
to A, B panicked and shouted. A therefore shot B. B died.
A also panicked and left the place without bringing his Art. 306. Brigandage.
loot. What is/are the crime/s committed? Under Article 306, it is committed by at least 4 armed men
The crime committed by A is attempted robbery for the purposes of -
with homicide. This is also a special complex 1. committing robbery in the highway;
crime. Here robbery was attempted because he 2. kidnapping persons for the purpose of extortion or
was unable to take any of the property. The fact ransom
that A was able to announce hold-up and bring the
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3. for any other purpose to be attained by means of violence against or intimidation of persons nor force
force and violence. upon things, shall take personal property of another
without the latter's consent.
Art. 296 Art. 306
Theft is likewise committed by:
1. Any person who, having found lost property,
Both require at least 4 armed persons shall fail to deliver the same to the local
authorities or to its owner;
It is required that the 4 The crime is already 2. Any person who, after having maliciously
armed men must actually consummated by the mere damaged the property of another, shall
take part in the fact that 4 armed men remove or make use of the fruits or object of
commission of the robbery formed a band of robbers. the damage caused by him; and
It is not required that they 3. Any person who shall enter an inclosed estate
actually commit the or a field where trespass is forbidden or which
enumerated purposes. belongs to another and without the consent of
PD 532 (THE ANTI-HIGHWAY ROBBERY LAW OF 1974)
its owner, shall hunt or fish upon the same or
shall gather cereals, or other forest or farm
products.
In PD 532, brigandage is defined as the seizure of any
person for ransom, extortion, or other unlawful purposes, or The definition is almost the same as robbery. The
the taking away of property of another by means of difference lies in the case of robbery where there is
violence against or intimidation of persons of force upon violence or intimidation of persons and use of force upon
things or other unlawful means, committed by any person things, while in theft, there is no violence, intimidation
against persons or force upon things.
on any Philippine highway.
Example:
Art 306 vs. PD 532, or the Anti-Highway Robbery Law
of 1974 1. A person who found a lost personal property of
another but did not give it to the police, there is
theft.
Art. 306 PD 532 2. A damaged the property of B, he make use of that
damage.
Requires that there must No requisite as to the # of 3. There is a vacant lot guarded by X. A person
be at least 4 armed men perpetrators of the crime entered the vacant lot and took the fruits.
Even a single person can
commit the crime of
Valenzuela v. People
brigandage There is no frustrated theft. In this case, the offender took
The mere formation of the There must be an actual boxes of tide from SM North Edsa and placed it in the taxi.
band of robbers for any of commission of the crime or Before they were able to left the premises of SM, they were
the purposes mentioned no crime will arise a p p r e h e n d e d . T h e o ff e n d e r s w e r e c h a r g e d o f
will bring about the crime consummated theft. They did not deny that they committed
theft but their defense is that they committed frustrated
There is a predetermined There is no preconceived theft.
or preconceived victim victim. It is committed The SC En Banc in 2007 ruled that there is no crime as
indiscriminately on any frustrated theft. In case of theft, unlawful taking is deemed
person passing on the complete the moment the offender gain possession of the
highway as long as it is property of another, theft is consummated.
committed in a Philippine
highway.
Art. 309. Penalties
100k, kindly deposit this to my account. Here is my What if the secretary placed the blank document it on the
passbook and here is the money. Deposit it because I am table. Here comes a visitor, and upon seeing the blank
in a hurry and I will drop by later in the afternoon. document, he took one and then he went to his house
However, A was not able to drop by in the afternoon. So and wrote a document stating that the said owner shall
A went the following day. When A asked for the assume his liability.
passbook, he realized that the 100k was not deposited The crime committed is not estafa but falsification
by the teller to his account. The teller misappropriated of a private document because he made it appear
the 100k. What is the crime committed? that the owner participated in procuring the
The crime committed is Qualified Theft. The SC document when in fact, the owner did not.
ruled that when the depositor leaves to the bank
his money for deposit, what has been transferred
ESTAFA BY MEANS OF FALSE PRETENSE or BY
is only the material or physical possession. The FRAUDULENT ACTS PRIOR TO OR SIMULTANEOUS
juridical possession of the money remains with the
TO THE COMMISSION OF THE OFFENSE (2ND form)
owner of the money. Hence, when it is
misappropriated by the teller of the bank, it is only
a.By using fictitious name, or falsely pretending to
qualified theft and not estafa.
A works in the field and makes cash advance to his
possess power, influence, qualifications,
property, credit, agency, business or imaginary
transactions, or by means of other similar
company. One time he went to a certain place and there
deceits.
is a cash advance. When A returned, A failed to liquidate
Example:
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CRIMINAL LAW 2
A, Band C are newly graduates. They just passed the
nursing board exam. X learned that A, B, and C passed
2. Failing to keep sufficient funds to cover the full
the board so he went to the house of A, B and C and told amount of the check.
them that X has a placement agency that will help them The funder knows that he has sufficient amount at
find work abroad. AB and C believed X, and X demanded the time of the issuance of the check but failed to
that they give X 100k for processing fees. A, B, and C keep sufficient funds to cover the amount after the
never saw X again. Later X was arrested. What are the issuance of the check. The crime will arise for his
crimes committed by X? failure to keep sufficient funds or maintain his
X may be liable of estafa by falsely pretending to credit to cover the full amount for a period of 90
possess power or agency, where in fact, he is not days from the date appearing on the check.
licensed by the POEA of Department of Labor.
Example:
Can he also be held liable for illegal recruitment? A is building a house, so he went to B, who is the owner
He can also be liable for illegal recruitment under of the hardware store. A told B that he doesnt have any
the labor code. money at the moment but he will be issuing a check
Under PD 2018, which amended Article 38 and 39
guaranteeing that it will be funded on the 15th, which is
the maturity date. B believed As representation that the
of the Labor Code, where if illegal recruitment is check will be funded so B placed the construction
committed by a syndicate (3 or more persons) or materials to A. On the 15th day of the month, the check
in large scale (where the victims are 3 or more bounced. B sent a notice of dishonor to A, but despite
persons individually or as a group), the crime such notice of dishonor, months had passed and yet A
committed is economic sabotage. still failed to pay. What crimes may be filed against A?
By reason thereof, the offender is liable for 2
B may file a case of estafa because the said
check was issued in concomitance with the said
crimes, and that is estafa and illegal recruitment. fraud. Where it not for the said check, B would not
Can the offender be prosecuted at the same time?
give the construction materials to A.
Yes, because estafa requires illegal deceit or false Aside from that, can A also be held liable for violation of
pretense, while in illegal recruitment does not BP22?
require deceit or false pretense. The mere fact of A may also be held liable for violation of BP 22. It
recruiting where he does not have any license will apply in any cases the moment the check
makes him liable for illegal recruitment. bounce. The essence of BP22 is the issuance of
d. By post-dating a check, or issuing a check in
the worthless check.
payment of an obligation when the offender o However, said offense will not automatically
therein were not sufficient to cover the amount amount to estafa. In order to amount estafa, it is
of the check. The failure of the drawer of the necessary that the issuance of the check is the
check to deposit the amount necessary to cover reason of the defraudation. That is, where it not for
his check within three (3) days from receipt of the said check, where it not for the promise of the
notice from the bank and/or the payee or holder said check, the offended party would not have
that said check has been dishonored for lack of parted with his property or money.
insufficiency of funds shall be prima facie o In order to amount estafa by postdating a check,
evidence of deceit constituting false pretense or the issuance of the check must not be in payment
fraudulent act. (As amended by R.A. 4885, of a pre-existing obligation. It is necessary that the
approved June 17, 1967.) obligation is in concomitance with the issuance of
BP 22 (BOUNCING CHECKS LAW) o
the check.
In case of BP 22, even if in payment of pre-
2 acts punished in BP 22: existing obligation, the moment the check
1. Making or drawing and issuing a check knowing at bounced, BP 22 will apply.
the time of issue that he does not have sufficient o In case of estafa, the offender must make good of
funds. the check within a period of 3 days. In BP 22, the
The offender knows that he does not have offender must make good of the check within 5
sufficient funds in his account at the time of the banking days.
issuance of the check.
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CRIMINAL LAW 2
When is there prima facie evidence of knowledge of intent of AC 10-2000 does not erase imprisonment
insufficiency of funds in BP 22? as an alternative penalty. What 10-2000
Section 2 of BP 22, there arises the prima facie knowledge establishes is a rule of preference, and that is, if
of insufficiency of funds when the offender makes or draws the offender acted in good faith, and there is clear
and issues a check which bounced when deposited within mistake of fact without any taint of negligence, fine
the period of 90 days from the moment of its issue. should be the appropriate penalty. Nevertheless,
Elements of prima facie knowledge:
still whether to impose penalty of imprisonment of
fine is within the sound discretion of the court.
1. The check must be deposited within 90 days from
date appearing on the check;
In case the penalty imposed is only fine, there is
2. There must be notice of dishonor received by the no hindrance in the court to impose subsidiary
drawer of the check; imprisonment in case of failure to pay fine.
3. The drawer of the check failed to make good of
the check within 5 banking days from receipt of
the notice of dishonor.
If the drawer was able to make good of the
check within 5 banking days, the prima facie
presumption of knowledge of insufficiency of
funds will not arise.
Example:
If the holder deposited the check on the 100th day. Can
the drawer of the check be still held liable for violation of
BP 22?
Yes, the drawer is liable for violation of BP 22.
What is erased only is the prima facie knowledge
of insufficiency of funds. But so long as the check
is not a stale check (check beyond 6 months or
120 days). If said check is dishonored, violation of
BP 22 can still arise, because the prima facie
knowledge of insufficiency of funds can be proven
by other evidence.
Penalty for violation of BP22:
Imprisonment of not less than 30 days but not
more than 1 year or a fine of not less than but not
more than double the amount of the check which
fine shall in no case exceed PHP200,000, or both
such fine and imprisonment at the discretion of the
court.
NOTE:
In consonance with this penalty, the SC in the
cases of Rosalie v. CA and VACA v. CA, SC
issued AC 10-2000. In this Supreme Court AC,
because of its decision in the said cases, in lieu of
penalty, in lieu of imprisonment, the proper penalty
to be imposed would be fine, if the offender acted
in good faith or clear mistake of fact without any
taint of negligence.
The SC again issued AC 13-2001 to clarify the
first circular. AC 13-2001 states that the tenor and
2. By reclusion temporal:
money, credit or other personal property,whether (a) If an inhabited house or any other building in which
people are accustomed to meet is set on fire, and the
the loan clearly appears in the document or is culprit did not know that such house or building was
shown in any other form, shall suffer the penalty occupied at the time, or if he shall set fire to a moving
of arresto mayor and a fine of a sum ranging freight train or motor vehicle, and the value of the
from 10 to 50 per cent of the value of the damage caused exceeds 6,000 pesos;
obligation contracted by the minor. (b) If the value of the damage caused in paragraph (b)
of the preceding subdivision does not exceed 6,000
pesos;
Art. 318. Other deceits. The penalty of (c) If a farm, sugar mill, cane mill, mill central, bamboo
arresto mayor and a fine of not less than the groves or any similar plantation is set on fire and the
amount of the damage caused and not more damage caused exceeds 6,000 pesos; and
than twice such amount shall be imposed upon (d) If grain fields, pasture lands, or forests, or plantings
are set on fire, and the damage caused exceeds 6,000
any person who shall defraud or damage
pesos.
another by any other deceit not mentioned in the
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3. By prision mayor:
pesos, committed at a time or under circumstances
which clearly exclude all danger of the fire spreading,
(a) If the value of the damage caused in the case shall not be punished by the penalties respectively
mentioned in paragraphs (a), (c), and (d) in the next prescribed in
preceding subdivision does not exceed 6,000 pesos; this chapter, but in accordance with the damage
(b) If a building not used as a dwelling or place of caused and under the provisions of the following
assembly, located in a populated place, is set on fire,
and the damage caused exceeds 6,000 pesos;
chapter.
this article does not exceed 200 pesos.
this subdivision shall be imposed.
does not exceed 200 pesos.
1969).
preceding articles shall be punished:
impose the death penalty.
periods, if it is over 1,000 pesos.
fraudulent claim for loss.
12, 1969).
3.
regardless also of whether the building is actually
inhabited or not.
Any train, locomotive, ship or vessel, airship or
ARSON- is the malicious destruction of property set by fire. airplane, devoted to transportation or conveyance,
It can be either destructive or simple arson. Destructive or or for public use, entertainment and leisure;
simple arson is not dependent on the value of the property 4. Any building, factory, warehouse installation and
but rather on the
SAMPLE PROBLEM: 5.
any other appurtenances thereto, which are
devoted to the service of public utilities;
Any building the burning of which is for the
1. A is a maid and it was Christmas time. A wanted to purpose of concealing or destroying the evidence
go to the province so she asked the master of the of another violation of law, or for the purpose of
house if she can go to the province. The master of concealing bankruptcy or defrauding creditors or
the house said no. The maid got mad, so while
the master of the house and his family are
sleeping, A burned the house and left. The house
to collect from insurance.
arson.
qualify the penalty to RP to death.
another any damage not falling within the terms of the Art. 330. Damage and obstruction to means of
next preceding chapter shall be guilty of malicious communication. The penalty of prision correccional
mischief.
pesos.
Chapter Ten
periods, if such value is over 200 pesos but does not EXEMPTION FROM CRIMINAL LIABILITY
exceed 1,000 pesos; and IN CRIMES AGAINST PROPERTY
3. By arresto menor or fine of not less than the value of Art. 332. Persons exempt from criminal liability. No
the damage caused and not more than 200 pesos, if the criminal, but only civil liability, shall result from the
amount involved does not exceed 200 pesos or cannot commission of the crime of theft, swindling or
be estimated.
revenge or other evil motive.
malicious mischief.
only; civil liability and not criminal liability.
Sample problem:
1st Act
Q:In the Case of Carungcong vs People, the son in law a
Japanese National , by means of deceit made his mother in
A and B were fighting, and in the course of their fight, A fell law sign a SPA, said SPA was used to sell the property of
on the floor and the floor was damaged. The liability will Tagaytay. The mother died without receiving the proceeds
only be a civil action for damages.
descendants.
1st Act: the conjugal dwelling is the house of the husband
2nd Act: the best witnesses are the neighbors of the
husband. It must be in such a manner that the neighbors
Title Eleven
CRIMES AGAINST CHASTITY
Chapter One
are shocked.
declared void.
Adultery shall be punished by prision correccional in
its medium and maximum periods.
The penalty for the concubine is destierro.
imposed. persons of either sex, under any of the circumstances
mentioned in the preceding article, shall be punished
Offender: legally married woman
Offended party: husband
To whom shall the case be filed: Wife and Lover
by prision correccional.
Elements:
both of them. it is a matter of defense only on the 1. T h a t t h e o f f e n d e r c o m m i t s a n y a c t o f
lover. So, there are cases where only one is lasciviousness or lewdness;
convicted and the other one is acquitted. The wife 2. That the act of lasciviousness is committed
is convicted and the lover is acquitted against a person of either sex;
If adultery is abandoned by her husband without 3. That it is done under any of the following
justification, mitigated circumstances:
Adultery is a crime of consequence, so there is no a. Using force or intimidation
attempted or frustrated stage. It is always in the b. When the offended party is deprived of
consummated stage. reason or otherwise unconscious
Adultery may be proven by circumstantial c. By means of fraudulent machination or
evidence. grave abuse of authority
o For example, the husband was working d. When the offended party is under 12
in Saudi for 10 years, and upon reaching
home, he sees his wife pregnant, there is
years of age or demented
concubine shall suffer the penalty of destierro.
Elements of concubinage:
any person who, in any capacity, shall be entrusted
with the education or custody of the woman seduced,
described herein. committed by the same persons and the same
circumstances as those provided in Articles 337 and
Two kinds of qualified seduction:
1. Seduction of a virgin over 12 years of age and
under 18 years of age by persons who abuse their
338.
reputation.
92).
that the woman is not married, she is single and living a Art. 341. White slave trade. The penalty of prision
chaste life. The law presumes that she is a virgin. mayor in its medium and maximum period shall be
The offender is any person, public authority, priest, imposed upon any person who, in any manner, or
guardian
seduction.
Batas Pambansa Blg. 186.)
Chapter Four
In the 2nd case: ABDUCTION
Virginity does not matter, even if the said sister or Art. 342. Forcible abduction. The abduction of any
descendant is a married woman. Likewise, age does not woman against her will and with lewd designs shall be
matter. There can still be a seduction of a sister or punished by reclusion temporal.
descendant. There must be an element of sexual The same penalty shall be imposed in every case, if the
intercourse and committed in abuse of authority.
arresto mayor.
correccional in its minimum and medium periods.
of the latters promise.
Sample Problem:
material. For as long as the taking away is done with lewd
design and against her will.
note that sexual intercourse is not an element. If
In order to have sexual congress with the woman, the man by reason of the forcible abduction, the man had
promised to marry the man. Crime committed is seduction. sexual intercourse with the woman, it may result in
a complex crime of rape with forcible abduction.
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SAMPLE PROBLEM:
CHAPTERS OF TITLE ELEVEN
Art. 344. Prosecution of the crimes of adultery,
1. X is a turned down suitor of A. X forcibly took A, concubinage, seduction, abduction, rape and acts of
who was sitting in the door step of her house. X lasciviousness. The crimes of adultery and
professed his love to A. However, A did not accept concubinage shall not be prosecuted except upon a
him so X raped him 7 times within 7 days. How complaint filed by the offended spouse.
many crimes are committed? What are the crimes The offended party cannot institute criminal
committed? prosecution without including both the guilty parties, if
The crimes committed by X are 7 crimes: 1 crime forcible they are both alive, nor, in any case, if he shall have
abduction with rape and 6 crimes of rape. Separate and consented or pardoned the offenders.
distinct from each other. The offenses of seduction, abduction, rape or acts of
Note that only 1 forcible abduction is necessary lasciviousness, shall not be prosecuted except upon a
and only 1 rape is necessary to bring about complaint filed by the offended party or her parents,
complex crime of forcible abduction with rape. The grandparents, or guardian, nor, in any case, if the
other rapes are separate and distinct from the offender has been expressly pardoned by the above
2.
crime of rape
lewd design which is an element of forcible abduction. accessories after the fact of the above-mentioned
crimes.
crime of abduction.
Sample Problem
to indemnify for damages caused to the offended
spouse.
The girl was 15 and the boyfriend was 25. The said Art. 346. Liability of ascendants, guardians, teachers,
boyfriend was able to take away the girl with her consent. or other persons entrusted with the custody of the
The parents of the girl filed a case. Per Maam, she was offended party. The ascendants, guardians,
able to handle a similar case where the girl was 16 and the curators, teachers and any person who, by abuse of
man was above 18. The parents of the girl do not like the authority or confidential relationships, shall cooperate
man so the lovers eloped and lived in the house of the as accomplices in the perpetration of the crimes
man. The mother filed a case of consented abduction. embraced in chapters,
During the P.I., the said girl loved the man and even if the second, third and fourth, of this title, shall be punished
mother will take her away from the man, she will always
return to the man. Also, the woman has keys of the house
of the man. Per maam the man was not at fault because it
as principals.
So she dismissed the case.
WHERE VIRGINITY IS AN ELEMENT any other person guilty of corruption of minors for the
benefit of another, shall be punished by special
Note: In consented abduction, sexual intercourse is not an
element, so if after the woman ran away with the man, yet
she does not want to have sexual intercourse but the man
disqualification from filling the office of guardian.
Title Twelve
forced her and was able to succeed in having sexual CRIMES AGAINST THE CIVIL STATUS OF PERSONS
intercourse, the crime committed is consented abduction Chapter one
with rape.
Chapter Five
SIMULATION OF BIRTHS AND USURPATION OF CIVIL
STATUS
Art. 347. Simulation of births, substitution of one child
PROVISIONS RELATIVE TO THE PRECEDING for another and concealment or abandonment of a
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CRIMINAL LAW 2
legitimate child. The simulation of births and the heirs; otherwise, the penalty of prision correccional in
substitution of one child for another shall be punished
by prision mayor and a fine of notexceeding 1,000
pesos.
its medium and maximum periods shall be imposed.
Chapter Two
The same penalties shall be imposed upon any person ILLEGAL MARRIAGES
who shall conceal or abandonany legitimate child with Art. 349. Bigamy. The penalty of prision mayor shall
intent to cause such child to lose its civil status. be imposed upon any person who shall contract a
Any physician or surgeon or public officer who, in second or subsequent marriage before the former
violation of the duties of hisprofession or office, shall marriage has been legally dissolved, or before the
cooperate in the execution of any of the crimes absent spouse has been declared presumptively dead
mentioned in the two next preceding paragraphs, shall by means of a judgment rendered in the proper
suffer the penalties therein prescribed and also the
penalty of temporary special disqualification.
proceedings.
Sample problem:
Three acts punished under Art. 347: A and B are married. B, the husband fell in love with
1. Simulation of birth another woman, and married the woman thereafter. It is
2. Substitution of a child now a bigamous married. A bigamous marriage is an
3. Concealing or abandoning any legitimate child otherwise valid marriage, except for the fact that there is a
with intent to cause such child to lose its civil
status
subsisting marriage.
delivery, takes the child of another as her own. relatives of her former spouse that the latter is already
dead. However, such ruling was erroneous. There must be
Sample problem:
1. A was a pregnant. She told the midwife that she
does not want the baby. The midwife said that she
a declaration of presumptive death.
liable?
All of them are all liable for simulation of birth. The said
provisions of the next proceeding article, shall have
not been complied with or that the marriage is in
disregard of a legal impediment.
couple pretended that the child is their own child. In that If either of the contracting parties shall obtain the
case, said child lost its original status.
3.
MARA and CLARA.
Sample problem:
1. The offender abandons the child in the forest. The
child is one month old. Later however the child
The solemnizing officer is liable also criminally.
2.
intent to kill.
no other intent of the parents but to lose its status
as a poor child.
after the legal separation.
Person liable:
1. A woman who married within 301 days from the
Art. 348. Usurpation of civil status. The penalty of death of her husband, or before delivery of her
prision mayor shall be imposed upon any person who baby
shall usurp the civil status of another, should he do so 2. A woman whose marriage having been annulled
for the purpose of defrauding the offended part or his or dissolved, married before delivery or before
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CRIMINAL LAW 2
expiration of the period of 301 days after the date Art. 357. Prohibited publication of acts referred to in
of legal separation.
there would be confusion.
accordance with the provisions of the Marriage Law.
Title Thirteen
Art. 359. Slander by deed. The penalty of arresto
mayor in its maximum period to prision correccional in
its minimum period or a fine ranging from 200 to 1,000
CRIMES AGAINST HONOR pesos shall be imposed upon any person who shall
Chapter One perform any act not included and punished in this title,
LIBEL which shall cast dishonor, discredit or contempt upon
Section One. Definitions, forms, and punishment of another
this crime. person. If said act is not of a serious nature, the
penalty shall be arresto menor or a fine not exceeding
Art. 353. Definition of libel. A libel is public and
malicious imputation of a crime, or of a vice or defect,
real or imaginary, or any act, omission, condition,
200 pesos.
or to blacken the memory of one who is dead. 2. Oral defamation
3. Slander by deed
Art. 354. Requirement for publicity. Every
defamatory imputation is presumed to be malicious,
even if it be true, if no good intention and justifiable
4. Defamatory acts
Elements of libel:
motive for making it is shown, except in the following 1. There must be an imputation or allegation of a
cases: crime, or a vice of defect, real or imaginary, or any
1. A private communication made by any person to act or omission, condition, status or circumstance
another in the performance of any legal, moral or social which tend to dishonor or discredit a natural or
duty; and juridical person.
2. A fair and true report, made in good faith, without 2. That there must be a publication of these
any comments or remarks, of any judicial, legislative or imputation;
other official proceedings which are not of confidential 3. The identity of the person defamed must be
nature, or of any statement, report or speech delivered established or identified;
in said proceedings, or of any other act performed by
public officers in the exercise of their functions.
Art. 355. Libel means by writings or similar means. A
4. The existence of malice.
libel committed by means of writing, printing, Publication- satisfied the moment that a 3rd person has
lithography, engraving, radio, phonograph, painting, heard or read the libelous statement, even if the person
theatrical exhibition, cinematographic exhibition, or pertained has not read it. So the basis is that a 3rd person
any similar means, shall be punished by prision
correccional in its minimum and medium periods or a
fine ranging from 200 to 6,000 pesos, or both, in
has heard or read the libelous statement.
Instances:
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Malice in fact- refers to privilege in communication, refers to Art. 360. Persons responsible. Any person who shall
private communication, reports, or any acts performed by a publish, exhibit, or cause the publication or exhibition
public officer. In this case the law does not presumes of any defamation in writing or by similar means, shall
malice. Malice must be proven by the prosecution be responsible for the same.
otherwise there would be acquittal
was published
ORAL DEFAMATION/SLANDER
defamations, the civil and/or criminal actions which
have been filed in court at the time of the effectivity of
this law.
1. Grave oral defamation- when serious and insulting Preliminary investigation of criminal action for written
and nature.
c. Social standing and position of the offended party.
(Pader vs People)
2. Simple slander
R.A. 4363, approved June 19, 1965).
by deed
imputation made by him, he shall be acquitted.
managing editor of a newspaper from criminal liability.
Chapter Two
In the imposition of these penalties, the court shall
exercise their sound discretion, without regard to the
rules prescribed in Article sixty-four.
INCRIMINATORY MACHINATIONS The provisions contained in this article shall not be
Art. 363. Incriminating innocent person. Any person applicable:
who, by any act not constituting perjury, shall directly 1. When the penalty provided for the offense is equal to
incriminate or impute to an innocent person the or lower than those provided in the first two
commission of a crime, shall be punished by arresto paragraphs of this article, in which case the court shall
menor.
amount to (a) perjury or (b) sec 29 of RA 9165
Sample problem
punished by prision correccional in its medium and
maximum periods.
Reckless imprudence consists in voluntary, but
As ballpen was lost. B took it and placed it in the without malice, doing or falling to do an act from which
bag of C so that C will be liable for theft. B material damage results by reason of inexcusable lack
committed incriminating innocent person. of precaution on the part of the person performing of
In the case of dangerous drugs, the law that will failing to perform such act, taking into consideration
govern is sec 29 of RA 9165, or planting of his employment or occupation, degree of intelligence,
evidence. Person found guilty of planting physical
evidence, regardless of quantity or purity of the condition and other circumstances regarding persons,
dangerous drugs shall suffer the penalty of death. time and place.
Simple imprudence consists in the lack of precaution
displayed in those cases in which the damage
Art. 364. Intriguing against honor. The penalty of impending to be caused is not immediate nor the
arresto menor or fine not exceeding 200 pesos shall be danger clearly manifest.
imposed for any intrigue which has for its principal The penalty next higher in degree to those provided for
purpose to blemish the honor or reputation of a in this article shall be imposed upon the offender who
person. fails to lend on the spot to the injured parties such help
as may be in this hand to give. (As amended by R.A.
Title Fourteen
QUASI-OFFENSES
1790, approved June 21, 1957).
R.A 9995 Anti-Voyeurism Law
Acts Punished:
(b) In an education or training environment, sexual
harassment is committed:
(1) Against one who is under the care, custody or
a. Taking photo or video coverage of a person or a supervision of the offender;
group of persons performing sexual act or any (2) Against one whose education, training,
similar activity or to capture an image of a private apprenticeship or tutorship is entrusted to the
area of a person such as the naked or offender;
undergarment clad genitals, public area, buttocks, (3) When the sexual favor is made a condition to
or female breasts without the consent of the the giving of a passing grade, or the granting of
persons involved and under circumstances in honors and scholarships, or the payment of a
which the person/s has/have a reasonable stipend, allowance or other benefits, privileges, or
expectation of privacy consideration; or
b. To copy or reproduce, or to cause to be copied or (4) When the sexual advances result in an
reproduced such photo or video or recording of intimidating, hostile or offensive environment for
sexual act or any similar activity with or without the student, trainee or apprentice.
consideration Any person who directs or induces another to commit any
c. To sell or distribute or to cause to be sold or act of sexual harassment as herein defined, or who
distributed , such photo or video or recording of cooperates in the commission thereof by another without
sexual act, whether the original copy or which it would not have been committed, shall also be held
reproduction thereof;
d. To publish or broadcast, or to cause to be
liable under this Act.
Sample problem:
A and B are having sex. B proposed to video their sexual
act to which A consented. There is no crime. However, if B
later on reproduced the video, B is still liable.
Penalty: imprisonment of not less than 3 years but not
more than 7 years AND fine of not less than 100k but not
more than 500k, or both at the discretion of the court.