Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
If the new law totally repeals the existing law NOTE: The English rule is more assertive while
so that the act which was penalized under the French rule is more restrained.
the old law is no longer punishable, the
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
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GENERAL RULE: Light felonies are punishable EXCEPTION TO THE EXCEPTION: But in
only when they have been consummated. acts constituting a single indivisible
EXCEPTION: If committed against persons or offense, all will be liable for a crime
property, punishable even if attempted or committed by one co-conspirator. The
frustrated. defense of a particular conspirator would be
that he tried to prevent the commission of
Only principals and accomplices are liable such other act.
for light felonies
ART. 9. CLASSIFICATION OF FELONIES
Accessories are not liable, even if they are ACCORDING TO GRAVITY
committed against persons or property.
IMPORTANCE OF THE CLASSIFICATION:
ART. 8. CONSPIRACY AND PROPOSAL a. To determine whether these felonies can be
TO COMMIT FELONY complexed or not;
REQUISITES OF CONSPIRACY: b. To determine the prescription of the crime
1. That two or more persons came to an and the prescription of the penalty.
agreement;
2. That the agreement pertains to the ART. 10. OFFENSES NOT SUBJECT TO
commission of a felony; and THE PROVISIONS OF THE RPC
3. That the execution of the felony be decided
upon. GENERAL RULE: The provisions of the RPC on
TWO WAYS FOR CONSPIRACY TO EXIST: penalties cannot be applied to offenses
1. There is a previous and express agreement; punishable under special laws.
2. The participants acted in concert or EXCEPTION: If the penalties in the special law
simultaneously which is indicative of a follow the penalties in the RPC, the rules in the
meeting of the minds towards a common RPC shall be applicable (People vs Martin
criminal objective. There is an implied Simon, July 1994).
agreement.
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free from both criminal and civil liability. There is RELATIVES THAT CAN BE DEFENDED:
no civil liability, except in par. 4 of Art. 11, where (CODE: SAD B4R)
the civil liability is borne by the persons 1. Spouse
benefited by the act. 2. Ascendants
3. Descendants
1. SELF-DEFENSE 4. Legitimate, natural or adopted brothers and
REQUISITES: sisters, or relatives by affinity in the same
1. Unlawful aggression (condition sine qua degrees.
non); 5. Relatives by consanguinity within the fourth
2. Reasonable necessity of the means civil degree
employed to prevent or repel it; and 3. DEFENSE OF STRANGER
3. Lack of sufficient provocation on the part of REQUISITES:
the person defending himself 1. Unlawful Aggression;
2. Reasonable necessity of the means
UNLAWFUL AGGRESSION is equivalent to employed to prevent or repel it; and
assault or at least threatened assault of an 3. The person defending be not induced by
immediate and imminent kind. revenge, resentment or other evil motive.
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because there is wanting in the agent of the 3. PERSON OVER NINE YEARS OF AGE
crime any of the conditions which makes the act AND UNDER FIFTEEN, ACTING WITHOUT
voluntary, or negligent. DISCERNMENT
BASIS: (CODE FINI) Discernment - mental capacity (i.e. of a minor)
The exemption from punishment is based on the to fully appreciate the consequences of an
complete absence of intelligence, freedom of unlawful act.
action, or intent, or on the absence of Discernment may be shown by:
negligence on the part of the accused. a. The manner the crime was committed;
or
(CODE: CALL) b. The conduct of the offender after its
JUSTIFYING EXEMPTING commission
CIRCUMSTANCE CIRCUMSTANCE
1. It affects the act 1. It affects the actor 4. A PERSON WHO WHILE PERFORMING A
not the actor. not the act. LAWFUL ACT WITH DUE CARE, CAUSES
2. The act is 2. The act INJURY, BY MERE ACCIDENT WITHOUT
considered to have complained of is FAULT OR INTENTION OF CAUSING IT
been done within actually wrongful,
the bounds of law; but the actor is ELEMENTS:
hence, legitimate not liable. 1. A person is performing a lawful act;
and lawful in the 1. With due care;
eyes of the law. 2. He causes injury to another by mere
accident;
3. Since the act is 3. Since the act
3. Without fault or intention of causing
considered lawful, complained of is
it.
there is no crime. actually wrong,
there is a crime;
but since the actor
5. A PERSON WHO ACTS UNDER THE
acted without
COMPULSION OF AN IRRESISTIBLE FORCE
voluntariness,
ELEMENTS:
there is no dolo
1. That the compulsion is by means of physical
nor culpa.
force.
4. Since there is no 4. Since there is a
2. That the physical force must be irresistible.
crime, nor a crime committed
3. That the physical force must come from a
criminal, there is though there is no
third person.
also no liability, criminal, there is
criminal nor civil. civil liability.
6. A PERSON WHO ACTS UNDER THE
IMPULSE OF UNCONTROLLABLE FEAR
1. IMBECILITY OR INSANITY OF AN EQUAL OR GREATER INJURY
Insanity or imbecility exists when there is a ELEMENTS:
complete deprivation of intelligence freedom 1. That the threat which causes the fear is of
of the will. an evil greater than, or at least equal to, that
which he is required to commit;
An insane person is not so exempt if it can 2. That it promises an evil of such gravity and
be shown that he acted during a lucid imminence that the ordinary man would
interval. But an imbecile is exempt in all have succumbed to it.
cases from criminal liability.
Duress as a valid defense should be based
2 TESTS OF INSANITY: on real, imminent, or reasonable fear for
1. Test of COGNITION complete ones life or limb and should not be
deprivation of intelligence in committing speculative, fanciful, or remote fear.
the crime.
2. Test of VOLITION total deprivation of Hence, duress is unavailing where the
freedom of will. (Pp. v. Rafanan) accused had every opportunity to run away
if he had wanted to, or to resist any possible
2. PERSON UNDER NINE YEARS OF AGE aggression because he was also armed.
An infant under the age of nine years is
absolutely and conclusively presumed to be DISTINGUISHED FROM IRRESISTIBLE
incapable of committing a crime. FORCE:
In irresistible force (par. 5), the offender
The phrase under nine years should be uses violence or physical force to compel
construed nine years or less. another person to commit a crime; in
uncontrollable fear (par. 6), the offender employs
intimidation or threat in compelling another to
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defining a crime and prescribing the penalty person in authority, is a public officer who is
therefore (Art. 62, par. 1). directly vested with jurisdiction, that is, a public
2. ACs WHICH ARE PERSONAL TO THE officer who has the power to govern and execute
OFFENDERS. Those which arise: a) from the laws.
the moral attributes of the offender, or b)
from his private relations with the offended PARAGRAPH 3: DISREGARD OF RANK,
party, or c) from any other personal cause, AGE, OR SEX OF OFFENDED PARTY; OR
shall only serve to aggravate the liability of COMMISSION IN THE DWELLING OF THE
the principals, accomplices, and accessories OFFENDED PARTY
as to whom such circumstances are
ATTENDANT (Art. 62, par. 3). If all the four circumstances enumerated in
3. ACs WHICH DEPEND FOR THEIR this paragraph are present, they have the
APPLICATION UPON THE KNOWLEDGE weight of only one aggravating
OF THE OFFENDERS. Those which circumstance.
consist 1) in the material execution of the
act, or 2) in the means employed to 1. That the act be committed with
accomplish it, shall serve to aggravate the insult or in disregard of the
liability of those persons only who had respect due the offended party on
KNOWLEDGE of them at the time of the account of the
execution of the act or their cooperation a. rank of the offended party. There must
therein (Art. 62, par. 4). be a difference in the social condition of
4. When in the commission of the crime, the offender and the offended party.
advantage was taken by the offender of his b. age of the offended party. Applies to
public position, or when the offense was cases where the victim is of tender age
committed by a person who belongs to a as well as of old age.
syndicated crime group, the maximum c. sex of the offended party. This refers to
penalty shall be imposed regardless of the female sex, not to the male sex.
mitigating circumstances.
This circumstance (rank, age, or sex) is
PARAGRAPH 1: ADVANTAGE TAKEN OF applicable only in crimes against
PUBLIC POSITION persons or honor.
TEST: Did the accused abuse his office in DISREGARD OF RANK, AGE, OR SEX IS NOT
order to commit the crime? AGGRAVATING IN THE FOLLOWING CASES:
a. When the offender acted with passion and
THIS CIRCUMSTANCE NOT APPLIED IN: obfuscation.
1. FALSIFICATION OF DOCUMENT b. When there exists a relationship between
COMMITTED BY PUBLIC OFFICERS the offended party and the offender.
UNDER ART. 171. c. When the condition of being a woman is
2. ACCESSORIES UNDER ART. 19, PAR. indispensable in the commission of the
3 crime. Thus, in (1) parricide, (2) abduction,
3. CRIMES COMMITTED BY PUBLIC (3) seduction and (4) rape in Art. 266-A
OFFICERS (FOUND IN ARTS. 204- par.1, sex is not aggravating
245).
Is disregard of sex absorbed in treachery?
PARAGRAPH 2: CONTEMPT OR INSULT TO The aggravating circumstance of
PUBLIC AUTHORITIES disregard of sex and age are NOT absorbed
REQUISITES: in treachery because treachery refers to the
1. That the public authority is engaged in the manner of the commission of the crime,
exercise of his functions. while disregard for sex and age pertains to
2. That he who is thus engaged in the exercise the relationship to the victim (P v. Lapaz;
of said functions is NOT the person against March 31, 1989)
whom the crime is committed.
3. The offender knows him to be a public 2. That the crime be committed in
authority. the dwelling of the offended party.
4. His presence has not prevented the offender REASON for aggravating the commission of the
from committing the criminal act. crime in ones dwelling:
a. The abuse of confidence which the
Knowledge that a public authority is present offended party reposed in the offender
is essential. by opening the door to him; or
b. The violation of the sanctity of the home
DEFINITION: by trespassing therein with violence or
A Public Authority, sometimes also called a against the will of the owner.
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PARAGRAPH 11: PRICE, REWARD, OR would enable the offender to carry out
PROMISE his design.
3. Disguise - involves resort to any device
When this aggravating circumstance is in order to conceal identity.
present, there must be two or more
principals; the one who gives or offers the When there is a direct inducement by
price or promise and the one who accepts it. insidious words or machinations, fraud is
present; otherwise, the act of the accused
The evidence must show that one of the done in order not to arouse the suspicion of
accused used money or other valuable the victim constitutes craft.
consideration for the purpose of inducing
another to perform the deed. PARAGRAPH 15: SUPERIOR STRENGTH; OR
MEANS TO WEAKEN DEFENSE
When this aggravating circumstance is 1. Superior Strength - To take advantage of
present, it affects not only the person who superior strength means to use purposely,
received the price or the reward, but also the excessive force out of proportion to the
person who gave it. means of defense available to the person
attacked.
PARAGRAPH 12: BY MEANS OF
INUNDATION, FIRE, ETC. The aggravating circumstance of abuse of
superior strength depends on the age, size,
Any of the circumstances in paragraph 12 and strength of the parties.
cannot be considered to increase the
penalty or to change the nature of the 2. Means to weaken the defense - The
offense unless used by the offender as a offender employs means to materially
means to accomplish a criminal purpose. weaken the resisting power of the offended
party.
PAR. 12 PAR. 7
Under par. 12, the Under par.7, the crime PARAGRAPH 16: TREACHERY (ALEVOSIA)
crime is committed by is committed on the
means of any of such occasion of a calamity There is treachery when the offender
acts involving great or misfortune. commits any of the crimes against the person,
waste and ruin. employing means, methods or forms in the
execution thereof which tend directly and
PARAGRAPH 13: EVIDENT PREMEDITATION specially to insure its execution, without risk to
himself arising from the defense which the
The essence of premeditation is that offended party might make.
the execution of the criminal act must be
preceded by cool thought and reflection upon
the resolution to carry out the criminal intent REQUISITES:
during the space of time sufficient to arrive at a 1. That at the time of the attack, the victim was
calm judgment. not in a position to defend himself;
2. That the offender consciously adopted the
REQUISITES: particular means, method or form of the
1. Proof of the time when the offender attack employed by him.
determined to commit the crime;
2. An act manifestly indicating that the culprit Killing a child is characterized by treachery,
has clung to his determination; and because the weakness of the victim due to
3. A sufficient lapse of time between the his tender age results in the absence of any
determination and execution, to allow him to danger to the accused.
reflect upon the consequences of his act
and to allow his conscience to overcome the RULES ON TREACHERY:CODE: (PICTA)
resolution of his will. 1. Applicable only to crimes against persons
2. Means, methods, or forms need not insure
PARAGRAPH 14: CRAFT, FRAUD, OR accomplishment of crime.
DISGUISE 3. The mode of attack must be consciously
DEFINITIONS: adopted.
1. Craft - involves the use of intellectual 4. Must be present at the proper time.
trickery or cunning on the part of the 5. Treachery absorbs abuse of superior
accused. strength, aid of armed men, by a band and
2. Fraud - involves the use of insidious means to weaken the defense.
words and machination, used to induce
the victim to act in a manner, which
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any crime (not light felony) with abuse of 1. Productive of suffering, without however
his functions affecting the integrity of the human
()b Private persons who harbor, conceal or personality
assist in the escape of the author of the 2. Commensurate with the offense different
crime guilty of treason, parricide, crimes must be punished with different
murder, or an attempt against the life of penalties
the President, or who is known to be 3. Personal no one should be punished for
habitually guilty of some other crime the crime of another
4. Legal it is the consequence of a judgment
Under paragraphs 1 and 2, the accomplice according to law
and the accessory may be tried and 5. Certain no one may escape its effects
convicted even before the principal is found 6. Equal for all
guilty. However, under paragraph 3 7. Correctional
(harboring), the crime committed by and the
identity of the principal must be established Theories justifying penalty:
in a trial. (Ppl vs Barlam CA,59 O.G. 2474; 1. Self-defense to protect society from the
Ppl vs Ramos CA,62 O.G. 6860; Ppl vs Gaw threat and wrong inflicted by the criminal
Lin CA,63 O.G. 3821) 2. Reformation to correct and reform the
offender
ACCESSORY VS. PRINCIPAL AND 3. Exemplarity to serve as an example to
ACCOMPLICE deter others from committing crimes
1. The accessory does not take part or 4. Justice an act of retributive justice, a
cooperate in, or induce, the commission of vindication of absolute right and moral law
the crime; violated by the criminal
2. The accessory does not cooperate in the
commission of the offense by acts prior THREE-FOLD PURPOSE OF THE PENALTY
thereto or simultaneous therewith; UNDER THE RPC:
3. The participation of the accessory in all 1. Retribution or expiation the penalty is
cases always takes place after the commensurate with the gravity of the
commission of the crime. offense
2. Correction or reformation- as shown by the
ART. 20. ACCESSORIES WHO ARE rules which regulate the execution of the
EXEMPT FROM CRIMINAL LIABILITY penalties consisting in deprivation of liberty
SITUATIONS WHERE ACCESSORIES ARE 3. Social defense shown by its inflexible
NOT CRIMINALLY LIABLE: severity to recidivists and habitual
1. When the felony committed is a light felony; delinquents
and
2. When the accessory is related to the ART. 22. RETROACTIVE EFFECT OF
principal as spouse, or as an ascendant, or PENAL LAWS
descendant or as a brother or sister, GENERAL RULE:
whether legitimate, natural, or adopted, or PROSPECTIVE APPLICATION
where the accessory is a relative by affinity EXCEPTION:
within the same degree, unless the WHEN FAVORABLE TO THE ACCUSED WHO
accessory himself profited from the effects IS NOT A HABITUAL CRIMINAL
or proceeds of the crime or assisted the
offender to profit thereon. AN EX POST FACTO LAW IS ANY ONE
WHICH: (CODE: CAPE Civil Protection)
PD 1829: Penalizes the act of any person who 1. Makes criminal an act done before the
knowingly or willfully obstructs, impedes, passage of the law, and which was innocent
frustrates or delays the apprehension of when done, and punishes such an act;
suspects and the investigation and 2. Aggravates a crime, or makes it greater than
prosecution of criminal cases. NOTE: The it was, when committed;
benefit of the above mentioned exception in 3. Changes the punishment and inflicts a
Article 20 of the RPC does not apply to greater punishment than the law annexed to
PD1829. the crime when committed;
4. Alters the legal rules of evidence, and
PENALTIES authorizes conviction upon less or different
DEFINITION: testimony that the law required at the time of
Penalty - is the suffering that is inflicted by the the commission of the offense;
State, for the transgression of a law; in its 5. Assuming to regulate civil rights and
general sense, it signifies pain. remedies only, in effect imposes penalty or
deprivation of a right for something which
Different juridical conditions of penalty: when done was lawful; and
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10. Violation of Certain provisions of the 5. When the crimes involved cannot be legally
Dangerous Drugs Act complexed such as when the penal
11. Piracy in general and Mutiny on the High provision specially provides that the penalty
Seas or in the Philippines Waters for other felonies shall be in addition to the
12. Destructive Arson penalty imposed by this article.
13. Robbery with Violence Against or 6. Where one of the offenses is penalized by a
Intimidation of Persons special law
14. Kidnapping and Serious Illegal Detention
CONTINUED CRIME is a single crime,
ART. 48. COMPLEX CRIMES consisting of a series of acts, but all arising from
ONE CRIMINAL RESOLUTION; length of time in
Plurality of Crimes - consists in the successive the commission is immaterial.
execution, by the same individual, of different
criminal acts, upon any of which no conviction Real or Material Continued Crime
has yet been declared Plurality
1. There is a series 1. There is a series of
TWO TYPES OF PLURALITY OF CRIMES: of acts performed acts performed by
1. Formal or Ideal involves the same criminal by the offender the offender
intent resulting in two or more crimes but for 2. Each act 2. The different acts
which there is only one criminal liability. performed by the constitute only one
Ex: complex crimes under Art. 48 offender crime, all of the
constitutes a acts performed
2. Material or real refers to different criminal separate crime, arise from one
intents resulting in two or more crimes for each act is criminal resolution
each of which, the accused incurs criminal generated by a
liability. criminal impulse
Ex: falsification to conceal malversation
COMPLEX CRIME SSPECIAL COMPLEX
TWO KINDS OF COMPLEX CRIMES: CRIME
1. COMPOUND CRIME (delito compuesto) 1. The combination is 1. The combination of
a single act constitutes two or more grave generalized, that the offenses are
or less grave felonies. is, grave and/or fixed by law, e.g.,
REQUISITES: less grave; one robbery with rape
1. That only a single act is performed offense is
by the offender; necessary to
2. That the single act produces: (1) commit the other
two or more grave felonies, or (2) 2. The penalty for the 2. The penalty for the
one or more grave and one or more crime is not specified
less grave felonies, or (3) two or specific but for the combination of
more less grave felonies. most serious crimes is also
offense in the specific.
2. COMPLEX CRIME PROPER (delito maximum period.
complejo) an offense is a necessary
means for committing the other. ART. 59. PENALTY TO BE IMPOSED IN
REQUISITES: CASE OF FAILURE TO COMMIT THE
1. That at least two offenses are CRIME BECAUSE THE MEANS
committed; EMPLOYED OR THE AIMS SOUGHT ARE
2. That one or some of the offenses
IMPOSSIBLE
must be necessary to commit the
BASIS FOR THE IMPOSITION OF PROPER
other;
PENALTY:
3. That both or all of the offenses must
be punished under the same 1. Social danger; and
statute. 2. Degree of criminality shown by the offender
20
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1. The court can fix any amount of the fine ART. 72. PREFERENCE IN THE
within the limits established by law. PAYMENT OF CIVIL LIABILITIES
2. The court must consider: (1) the mitigating Civil liability is satisfied, by following the
and aggravating circumstances; and (2) chronological order of the dates of the final
more particularly, the wealth or means of the judgments.
culprit.
3. The court may also consider: (1) the gravity ART. 77. WHEN THE PENALTY IS A
of the crime committed; (2) the heinousness COMPLEX ONE COMPOSED OF THREE
of its perpetration; and (3) the magnitude of
DISTINCT PENALTIES
its effects on the offenders victims.
DEFINITION:
A complex penalty is a penalty prescribed by
ART. 68. PENALTY TO BE IMPOSED law composed of three distinct penalties, each
UPON A PERSON UNDER EIGHTEEN forming a period: the lightest of them shall be
YEARS OF AGE the minimum, the next the medium, and the
most severe the maximum period.
APPLICATION OF ART. 68:
This article is not immediately applicable to a INDETERMINATE SENTENCE LAW
minor under 18 years of age, because such Act No. 4103 as amended by Act No. 4225
minor, if found guilty of the offense charged, INDETERMINATE SENTENCE is a sentence
is not sentenced to any penalty. The with a minimum term and a maximum term
sentence is suspended and he is ordered which, the court is mandated to impose for the
committed to the reformatory institution, IF, benefit of a guilty person who is not disqualified
his application therefor is approved by the therefor, when the maximum imprisonment
court. exceeds one (1) year. It applies to both
This article applies to such minor if his violations of Revised Penal Code and special
application for suspension of sentence is penal laws.
DISAPPROVED OR if while in the
reformatory institution he becomes I. IF THE PENALTY IS IMPOSED BY THE
INCORRIGIBLE, in which case he shall be RPC:
returned to the court for the imposition of the a. The Maximum Term is that which could
proper penalty. be properly imposed under the RPC,
considering the aggravating and mitigating
ART. 70. SUCCESSIVE SERVICE OF circumstances,
SENTENCE b. The Minimum Term is within the range
THE THREE-FOLD RULE of the penalty one degree lower than that
1. THE MAXIMUM DURATION OF THE prescribed by the RPC, without considering
CONVICTS SENTENCE shall not be more the circumstances,
than three times the length of time
corresponding to the most severe of the BUT when there is a privileged mitigating
penalties imposed upon him. circumstance, so that the penalty has to be
2. But in no case to exceed 40 years. lowered by one degree, the STARTING
3. This rule shall apply only when the convict is POINT for determining the minimum term of
to serve 4 or more sentences successively. the indeterminate penalty is the penalty next
4. Subsidiary penalty forms part of the penalty. lower than that prescribed by the Code for
the offense.
DIFFERENT SYSTEMS OF PENALTY,
RELATIVE TO THE EXECUTION OF TWO OR II. IF THE PENALTY IS IMPOSED BY A
MORE PENALTIES IMPOSED ON ONE AND SPECIAL PENAL LAW
THE SAME ACCUSED
1. material accumulation system SIMPLY for special laws, it is anything within
No limitation whatever, and accordingly, the inclusive range of the prescribed penalty.
all the penalties for all the violations were Courts are given discretion and the
imposed even if they reached beyond the circumstances are not considered.
natural span of human life.
2. juridical accumulation system B. WHEN BENEFIT OF THE ISLAW IS NOT
Limited to not more than three-fold the APPLICABLE
length of time corresponding to the most severe The Indeterminate Sentence Law shall not apply
and in no case to exceed 40 years. This is to the following persons:
followed in our jurisdiction. 1. sentenced to death penalty or life
3. absorption system imprisonment
The lesser penalties are absorbed by 2. treason, or conspiracy or proposal to commit
the graver penalties. treason
22
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3. misprision of treason, rebellion, sedition or 3. Even if a prisoner has already served the
espionage MINIMUM, but he is not fitted for release on
4. piracy parole, he shall continue to serve until the
5. habitual delinquents end of the MAXIMUM term.
6. escaped from confinement, or evaded
sentence THE CHILD AND YOUTH WELFARE
7. granted with conditional pardon by the
CODE
President, but violated the terms thereof
1. The purpose of Arts. 189 and 192 of the
8. maximum term of imprisonment do not
Child and Youth Welfare Code is to avoid a
exceeding 1 year
situation where JUVENILE OFFENDERS
9. sentenced to the penalty of destierro or
would commingle with ordinary criminals in
suspension only
prison.
2. If the court finds that the youthful offender
C. RELEASE OF THE PRISONER ON
committed the crime charged against him, it
PAROLE
shall DETERMINE the imposable penalty
The Board of Pardons and Parole may authorize
and the civil liability chargeable against him.
the release of a prisoner on parole, after he shall
3. The court may not pronounce judgment of
have served the minimum penalty imposed on
conviction and SUSPEND all further
him, provided that:
proceedings if, upon application of the
a. Such prisoner is fitted by his training for
youthful offender, it finds that the best
release,
interest of the public and that of the offender
.b There is reasonable probability that he will
will be served thereby.
live and remain at liberty without violating
4. The benefits of Article 192 of PD 603, as
the law,
amended, providing for suspension of
.c Such release will not be incompatible with
sentence, shall NOT APPLY TO (1) a
the welfare of society.
youthful offender who once enjoyed
suspension of sentence under its provisions,
D. ENTITLEMENT TO FINAL RELEASE AND
or (2) one who is convicted of an offense
DISCHARGE
punishable by death or life imprisonment.
If during the period of surveillance such paroled
5. The youthful offender shall be RETURNED
prisoner shall: (a) show himself to be a law-
to the committing court for the
abiding citizen and, (b) shall not violate any law,
pronouncement of judgment, when the
the Board may issue a final certification of
youthful offender (1) has been found
release in his favor, for his final release and
incorrigible; or (2) has willfully failed to
discharge.
comply with the conditions of his
rehabilitation programs; or (3) when his
E. SANCTION FOR VIOLATION OF
continued stay in the training institution
CONDITIONS OF THE PAROLE
would be inadvisable.
When the paroled prisoner shall violate any of
6. When the youthful offender has reached the
the conditions of his parole: (a) the Board may
age of TWENTY-ONE while in commitment,
issue an order for his arrest, and thereafter, (b)
the court shall determine whether
the prisoner shall serve the remaining unexpired
To DISMISS the case, if the youthful
portion of the maximum sentence for which he
offender has behaved properly and has
was originally committed to prison.
shown his capability to be a useful
member of the community; or
F. REASONS FOR FIXING THE MAXIMUM
To PRONOUNCE the judgment of
AND MINIMUM TERMS IN THE
conviction, if the conditions mentioned
INDETERMINATE SENTENCE
are not met.
The minimum and the maximum terms in the IS
7. In the latter case, the convicted offender
must be fixed, because they are the basis for the
may apply for PROBATION. In any case,
following:
the youthful offender shall be credited in the
1. Whenever a prisoner has: (a) served the
service of his sentence with the full time
MINIMUM penalty imposed on him, and (b) is
spent in actual commitment and detention.
fit for release as determined by the Board of
8. The final release of a youthful offender
Indeterminate Sentence, such Board may
based on good conduct as provided in Art.
authorize the release of the prisoner on
196 shall not obliterate his CIVIL LIABILITY
parole, upon terms and conditions prescribed
for damages
by the Board.
9. A minor who is ALREADY AN ADULT at the
2. But when the paroled prisoner violates any of
time of his conviction is not entitled to a
the conditions of his parole during the period
suspension of sentence
of surveillance, he may be rearrested to
serve the remaining unexpired portion of the
MAXIMUM sentence. PROBATION LAW OF 1976:
23
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or loss of the right of the State to prosecute conditional pardon, terms of the
the offender, after the lapse of a certain the convict may be parole, the convict
time. ordered re- CANNOT BE
PENALTIES AND THEIR PRESCRIPTIVE arrested or re- PROSECUTED
PERIODS incarcerated by UNDER ART. 159
PENALTIES AND PRESCRIPTIVE the Chief of the RPC, he can
OFFENSES PERIOD Executive, or may be re-arrested and
Death, Reclusion 20 years be PROSECUTED re-incarcerated to
Perpetua, Reclusion under Art. 159 of serve the unserved
Temporal the Code portion of his
original penalty
Afflictive Penalties 15 years
Correctional penalties 10 years
Arresto Mayor 5 years 5. by PROBATION. Please see Probation Law.
Libel or other similar 1 year
offenses ART. 91. COMPUTATION OF
Oral Defamation and 6 months PRESCRIPTION OF OFFENSES
Slander by Deed SUMMARY OR RULES:
Light Offenses 2 months 1. The period of prescription shall commence
to run from the day on which the crime was
6. By PRESCRIPTION OF THE PENALTY; discovered by the offended party, the
Prescription of the Penalty is the loss or authorities, or their agents.
forfeiture of the right of the Government to 2. It shall be interrupted by the filing of the
execute the final sentence, after the lapse of complaint or information.
a certain time 3. It shall commence to run again when such
Conditions necessary: proceedings terminate without the accused
a.That there be final judgment; being convicted or acquitted, or are stopped
b.That the period of time prescribed by law for any reason not imputable to him.
for its enforcement has elapsed 4. The term or prescription will not run when
Usually caused by Evasion of Service of the offender is absent from the Philippines.
sentence
ART. 100. CIVIL LIABILITY OF A
7. By THE MARRIAGE OF THE OFFENDED PERSON GUILTY OF FELONY
WOMAN with the offender in the crimes of A CRIME HAS A DUAL CHARACTER:
rape, abduction, seduction, and acts of 1. As an offense against the State, because of
lasciviousness. In the crimes of rape, the disturbance of the social order; and
seduction, abduction, or acts of 2. As an offense against the private person
lasciviousness, the marriage, as provided injured by the crime, UNLESS it involves the
under Art. 344, must be contracted by the crime of treason, rebellion, espionage,
offender in good faith. contempt, and others wherein no civil liability
arises on the part of the offender, either
CRIMINAL LIABILITY IS PARTIALLY because there are no damages to be
EXTINGUISHED: compensated or there is no private person
1. By CONDITIONAL PARDON; injured by the crime
2. By COMMUTATION OF THE SENTENCE;
3. For GOOD CONDUCT ALLOWANCES ART. 102 SUBSIDIARY LIABILITY OF INN
which the culprit may earn while he is KEEPERS, TAVERNKEEPERS AND
serving sentence; PROPRIETORS OF ESTABLISHMENTS
4. By PAROLE; ELEMENTS under par. 1:
1. That the innkeeper, tavernkeeper or
Conditional Parole proprietor of establishment or his employee
Pardon committed a violation of municipal ordinance
1. May be given at 1. May be given after or some general or special police regulation;
any time after final the prisoner has 2. That a crime is committed in such inn,
judgment; is served the tavern or establishment;
granted by the minimum penalty; 3. That the person criminally liable is insolvent.
Chief Executive is granted by the
under the Board of Pardons ELEMENTS under par. 2:
provisions of the and Parole under 1. The guests notified in advance the
Administrative the provision of the innkeeper or the person representing him of
Code Indeterminate the deposit of goods within the inn or house;
Sentence Law 2. The guests followed the directions of the
2. For violation of the 2. For violation of the innkeeper or his representative with respect
26
CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
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Philippine waters
ART. 119- VIOLATION OF
NEUTRALITY PD 532 (ANTI-PIRACY AND ANTI-
HIGHWAY ROBBERY LAW OF 1974)
ELEMENTS:
punishes the act of AIDING OR ABETTING
1. That there is a war in which the Phils. is not
PIRACY.
involved,
REQUISITES:
2. That there is a regulation issued by a
1. Knowingly aids or protects pirates;
competent authority for the purpose of
2. Acquires or receives property taken by such
enforcing neutrality, and
pirates, or in any manner derives any benefit
3. That the offender violates such regulation.
therefrom;
3. Directly or indirectly abets the commission of
ART. 120- CORRESPONDENCE piracy.
WITH HOSTILE COUNTRY
ELEMENTS: NOTE: Under PD 532, piracy may be committed
1. That it is made in time of war where the even by a passenger or member of the
Phils. is involved complement of the vessel
2. That the offender makes correspondence
with the: (a) enemy country or (b) territory MUTINY ON THE HIGH SEAS the
occupied by the enemy troops unlawful resistance to a superior, or the
3. That the correspondence is either: raising of commotions and disturbances on
a) prohibited by the Government, or board a ship against the authority of its
b) carried on in ciphers or conventional commander.
signs containing data which might be
useful to the enemy. ART. 123- QUALIFIED PIRACY
ELEMENTS:
ART. 121- FLIGHT TO ENEMYS 1. Whenever the offenders have seized the
COUNTRY vessel by boarding or firing upon the same
ELEMENTS: 2. Whenever the pirates have abandoned their
1. That there is a war in which the Phil. is victims without means of saving themselves
involved 3. Whenever the crime is accompanied by
2. That the offender owes allegiance to the murder, homicide, physical injuries, or rape
Government
3. That the offender attempts to flee or go to CRIMES referred to in the article pertain to
enemy country piracy and mutiny on the high seas
4. That going to enemy country is prohibited by
the competent authority REPUBLIC ACT 6235 AIRCRAFT
PIRACY/ HIJACKING
ART. 122- PIRACY IN GENERAL & ACTS PUNISHED:
MUTINY ON THE HIGH SEAS 1. usurping or seizing control of an aircraft of
Philippine registry while it is in flight;
ELEMENTS OF PIRACY: compelling the pilots thereof to change its
1. That a vessel is on high seas, course or destination
2. That the offenders are not members of its 2. usurping or seizing control of an aircraft of
complement or passengers of the vessel foreign registry, while within Philippine
3. That the offenders a) attack or seize the territory, compelling the pilots thereof to land
vessel or b) seize the whole or part of the in any part of Philippine territory
cargo of said vessel, its equipment or 3. carrying or loading on board an aircraft
personal belongings of its compliment or operating as a public utility passenger
passengers aircraft in the Philippines flammable,
corrosive, explosive or poisonous
HIGH SEAS any waters on the seacoast substances; and
which are without the boundaries of low-water 4. loading, shipping, or transporting on board a
mark, although such waters may be in the cargo aircraft operating as a public utility in
jurisdictional limits of a foreign Government. the Philippines, flammable, corrosive, or
poisonous substance if not done in
VESSEL any vessel or watercraft used for (a) accordance with the rules and regulations of
transport of passengers and cargo or (b) for the Air Transportation Office.
fishing.
Aircraft is IN FLIGHT from the moment all
Pursuant to Art 122 as amended by PD exterior doors are closed following
532: Piracy and Mutiny may be committed in embarkation until the same doors are again
29
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signature or stamp
Offender can be arrested and reincarcerated
without trial in accordance with Sec. 64(I)
of the RAC
ART. 160- COMMISSION OF CRIMES UNDER COUNTERFEITING COINS
ANOTHER CRIME DURING THE (ARTS. 163-165)
ART. 163- MAKING AND
SERVICE OF PENALTY IMPOSED FOR
IMPORTING AND UTTERING FALSE
ANOTHER PREVIOUS OFFENSE
COINS
(QUASI-RECIDIVISM)
ELEMENTS:
ELEMENTS OF QUASI-RECIDIVISM:
1. That there be false or counterfeited coins
1. That the offender was already convicted by
2. That the offender either made, imported or
final judgement
uttered such coins
2. That he committed a new felony before
3. That in case of uttering such false or
beginning to serve such sentence or while
counterfeited coins, he connived with the
serving the same
counterfeiters or importers
WHO CAN BE PARDONED: Coins withdrawn from circulation may be
1) At the age of 70, if he shall have already counterfeited
served out his original sentence (and not a
habitual criminal) or
ART. 164- MUTILATION OF COINS-
2) When he shall have completed it after
reaching the said age, unless by reason of his IMPORTATION & UTTERANCE OF
conduct or other circumstances he shall not be MUTILATED COINS
worthy of such clemency. PUNISHABLE ACTS:
1. Mutilating coins of the legal currency, with
As distinguished from REITERACION the further requirement that there be intent
(habituality) which requires that the offender to damage or to defraud another
against whom it is considered shall have 2. Importing or uttering such mutilated coins,
served out his sentence for the prior with the further requirement that there must
offenses. be connivance with the mutilator or importer
in case of uttering
Cannot be offset by ordinary mitigating
circumstances Mutilation of foreign currency not included
36
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2) Revealing any of the secrets of his client whether in the classified or unclassified or
learned by him in his professional capacity exempt services receiving compensation, even
damage is not necessary nominal, from the Government.
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Interest for personal gain shall be presumed Members of Congress during their term are
against those public officers responsible for prohibited to acquire or receive any personal
the approval of manifestly unlawful, pecuniary interest in any specific business
inequitable, or irregular transactions or acts enterprise w/c will be directly & particularly
by the board, panel or group to w/c they favored or benefited by any law or resolution
belong. authored by them.
J. Knowingly approving or granting any The prohibition shall also apply to any public
license, permit, privilege or benefit in favor officer who recommended the initiation in
of any person not qualified for or not legally Congress of the enactment or adoption of
entitled to such license, permit, privilege, or any law or resolution, & acquires or receives
advantage, or of a mere representative or any such interest during his incumbency.
dummy of one who is not qualified or
entitled. The member of Congress or other public
officer, who, having such interest prior to the
K. Divulging valuable information of a approval of a law or resolution authored or
confidential character, acquired by his office recommended by him, continues for thirty
or by him on account of his official position days after such approval to retain his
to unauthorized persons, or releasing such interest, also violates this section.
information in advance of its authorized
date. Section 7. Statement of assets and liabilities.
Section 4. Prohibition on private individuals. Every public officer shall prepare & file a
true & detailed sworn statement of assets &
A. Taking advantage of family or close personal liabilities, including a statement of the
relation with public official is punished. amount & sources of his income, the amount
of his personal & family expenses & the
B. Knowingly inducing or causing any public amount of income taxes paid for the next
official to commit any of the offenses defined preceding calendar year.
in Section 3.
Section 8. Prima facie evidence of and
Section 5. Prohibition on certain relatives. dismissal due to unexplained wealth.
The spouse or any relative, by A public official who has been found to have
consanguinity, w/in the 3rd civil degree, of the acquired during his incumbency, whether in
President, the Vice-President, Senate President, his name or the name of other persons, an
or the Speaker of the House of Representatives amount of property and/or money manifestly
is prohibited to intervene directly or indirectly, in out of proportion to his salary and to his
44
CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
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lawful income (RA #1379) GROUND FOR combination means at least two acts of a
FORFEITURE OF UNEXPLAINED different category while a series means at least
WEALTH two acts of the same category (Estrada vs
Sandiganbayan November 21, 2001)
Section 11. Prescription of offenses.
15 YEARS prescriptive period of all Section 2. Definition of the Crime of
offenses under the Act. Plunder; Penalties.
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2. That he is charged with the custody of 2. That an order is issued by his superior for
papers or property execution
3. That these papers or property are sealed by 3. That he has for any reason suspended the
proper authority execution of such order
4. That he breaks the seal or permits them to 4. That his superior disapproves the
be broken suspension of the execution of the order
5. That the offender disobeys his superior
despite the disapproval of the suspension
ART. 233-REFUSAL OF
ASSISTANCE
ART. 228- OPENING OF CLOSED ELEMENTS:
DOCUMENTS 1. That the offender is a public officer
ELEMENTS: 2. That a competent authority demands from
1. That the offender is a public officer the offender that he lend his cooperation
2. That closed papers, documents, or objects towards the administration of justice or other
are entrusted to his custody public service
3. That he opens or permits to be opened said 3. That the offender fails to do so maliciously
closed papers, documents or objects
4. That he does not have the proper authority ART. 234-REFUSAL TO DISCHARGE
ELECTIVE OFFICE
ART. 229- REVELATION OF ELEMENTS:
SECRETS BY AN OFFICER 1. That the offender is elected by popular
Punishable Acts: election to a public office
1) Revealing secrets known to the offending 2. That he refuses to be sworn in or to
public officer by reason of his official capacity discharge the duties of said office
2) Delivering wrongfully papers or copies of 3. That there is no valid justification for such
papers of which he may have charge and which refusal.
should not be published
ART. 235-MALTREATMENT OF
ART. 230- PUBLIC OFFICER PRISONERS
REVEALING SECRETS OF PRIVATE ELEMENTS:
INDIVIDUAL 1. That the offender is a public officer or
ELEMENTS: employee
1. That the offender is a public officer 2. That he has under his charge a prisoner or
2. That he knows of the secrets of a private detention prisoner
individual by reason of his office 3. That he maltreats such prisoner:
3. That he reveals such secrets without a. By overdoing himself in the correction
authority or justifiable reason and handling
i. By the imposition of punishments
ART. 231- OPEN DISOBEDIENCE not authorized by the regulations
ii. By inflicting such punishments
ELEMENTS:
(those authorized) in a cruel and
1. That the offender is a judicial or executive
humiliating manner
officer
b. By maltreating such prisoner to extort a
2. That there is a judgement, decision, or order
confession or to obtain some
of a superior authority
information from the prisoner
3. That such judgment, decision, or order was
made by a superior authority and issued
with all the legal formalities ART. 236-ANTICIPATION OF
4. That the offender without any legal DUTIES OF PUBLIC OFFICE
justification openly refuses to execute the ELEMENTS:
said judgement, decision or order, which he 1. That the offender is entitled to hold a public
is duty bound to obey office or employment, either by election or
appointment
ART. 232-DISOBEDIENCE TO 2. That the law requires that he should first be
ORDER OF SUPERIOR OFFICER WHEN sworn in and/ or should first give a bond
SAID ORDER WAS SUSPENDED BY 3. That he assumes the performance of the
duties and powers of such office
INFERIOR OFFICER 4. That he has not taken his oath of office
ELEMENTS: and/or given the bond required by law
1. That the offender is a public officer
48
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included in Art 253 because the person killed 2. That such person causes or assists in
does not want to die. A doctor who resorts to causing the abortion
euthanasia may be liable for murder. 3. Said physician or midwife takes advantage
of his scientific knowledge or skill.
ART. 254-DISCHARGE OF FIREARM
ELEMENTS: AS TO PHARMACISTS,
1. That the offender discharges a firearm There is no proper prescription from a physician
against or at another person and the offender dispenses any abortive
2. That the offender has no intention to kill that substance.
person
ART. 255-INFANTICIDE
ART. 260-RESPONSIBILITY OF
This is the killing of any child less than 3 PARTICIPANTS IN A DUEL
days (72 hours) of age DUEL: Formal or regular combat previously
concerted between parties in the presence of
Only the mother and maternal two or more seconds of lawful age on each side,
grandparents of the child are entitled to the who make selection of arms and fix all other
mitigating circumstance of concealing the conditions of the fight.
dishonor
PERSONS LIABLE:
ART. 256-INTENTIONAL ABORTION 1) The person who killed or inflicted physical
WAYS TO COMMIT: injuries upon his adversary, or both combatants
1) By using violence upon the person of the in any other case, as principals
pregnant woman 2) The seconds, as accomplices
2) By acting, without using violence and
without the consent of the woman (by ART. 261-CHALLENGING TO A
administering drugs/beverages upon a pregnant DUEL
without her consent)
PUNISHABLE ACTS:
3) By acting, with the consent of the pregnant
1) Challenging another to a duel
woman (by administering drugs/beverages)
2) Inciting another to give or accept a
challenge to a duel
3) Scoffing at or decrying another publicly for
ART. 257-UNINTENTIONAL having refused to accept a challenge to fight a
ABORTION duel
REQUISITES:
1. Violence is used upon such pregnant PERSONS LIABLE:
woman without intending an abortion 1) Challenger
2. Violence is intentionally exerted 2) Instigators
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5) When the victim is a child below 7 years old QUALIFYING CIRCUMSTANCES: DEATH
PENALTY
6) When the offender knows that he is afflicted 1) Purpose is to extort ransom
with HIV/AIDS or any other sexually 2) If victim is killed, raped or tortured as a
transmissible disease and the virus or disease is consequence
transmitted to the victim
COMPLEX CRIME OF KIDNAPPING WITH
7) When committed by any member of the AFP MURDER when victim is killed because of
or para-military units thereof of the PNP or any his refusal to pay the ransom; kidnapping
law enforcement agency or penal institution, being necessary to commit the murder; but
when the offender took advantage of his position where he was taken for the purpose of killing
to facilitate the commission of the crime him and not for detaining him, crime
committed is MURDER
8) When by reason or on the occasion of the
rape, the victim has suffered permanent physical ILLEGAL ARBITRARY
mutilation or disability DETENTION DETENTION
Committed by a Committed by a
9) When the offender knew of the pregnancy of private individual who public officer or
the offended party at the time of the commission unlawfully kidnaps, employee who detains
of the crime detains or otherwise a person without legal
deprives a person of ground
10) When the offender knew of the mental liberty
disability, emotional disorder and/ or physical Crime is against Crime against the
disability of the offended party at the time of the personal liberty and fundamental law of the
commission of the crime security State
Death shall also be imposed when homicide
is committed
ART. 268- SLIGHT ILLEGAL
EFFECT OF PARDON: DETENTION
1) The subsequent valid marriage between the ELEMENTS:
offender and the offended party shall extinguish 1. That the offender is a private individual
criminal liability (only as to the husband) 2. That he kidnaps or detains another, or in any
2) The subsequent forgiveness of the wife to manner deprives him of his liberty
the legal husband 3. That the act of kidnapping or detention is
illegal
4. That the crime is committed without the
CRIMES AGAINST LIBERTY attendance of any of the circumstances
(ARTS. 267-274) enumerated in 267
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2) Employing children under 16 who are not Prohibition to enter is Prohibition to enter
children or descendants of the offender in express or implied must be manifest
exhibitions of acrobat, gymnast, rope-walker,
diver, or wild animal tamer, the offender being an
acrobat, etc, or circus mgr. or engaged in a ART. 282-GRAVE THREATS
similar calling Prohibited Acts:
Threatening another with the infliction upon his
3) Employing any descendant under 12 years person, honor, or property or that of his family
of age in dangerous exhibitions enumerated in any wrong amounting to a crime:
the next preceding par., the offender being a) Demanding money or imposing a
engaged in any of the said callings condition
b) Without any such demand or condition
4) Delivering a child under 16 gratuitously to Qualifying Circumstance:
any person ff. any callings enumerated, or to any If threat was made in writing or through
habitual vagrant or beggar, the offender being an a middleman
ascendant, guardian, teacher, or person
entrusted in any capacity with the care of such ART. 283- LIGHT THREATS
child
ELEMENTS:
1. That the offender makes threat to commit a
5) Inducing any child under 16 to abandon the
wrong
home of its ascendants, guardians, curators or
2. That the wrong does not constitute a crime
teachers to follow any person engaged in any
3. That there is a demand for money or that
callings mentioned or to accompany any
other condition is imposed, even though not
habitual vagrant or beggar, the offender being
unlawful
any person
Blackmailing may be punished under Art.
Note: RA 7610 punishes abuse, exploitation and
283
discrimination of minors
ART. 284- BOND FOR GOOD
ART. 280-QUALIFIED TRESPASS TO
BEHAVIOR
DWELLING
ELEMENTS:
1. That the offender is a private person ART. 285-OTHER LIGHT THREATS
2. That he enters the dwelling of another Prohibited Acts:
3. That such entrance is against the latters will 1) Threatening another with a weapon, or by
drawing such weapon in a quarrel, unless it be
Qualified if committed by means of in lawful self-defense
violence/intimidation 2) Orally threatening another, in the heat of
anger, with some harm constituting a crime,
ART. 281-OTHER FORMS OF without persisting in the idea involved in his
threat
TRESPASS 3) Orally threatening to do another any harm
not constituting a felony
ART.280 ART. 281
Offender is a private The offender is any ART. 286-GRAVE COERCION
person person ELEMENTS:
1. That a person prevented another from doing
Offender enters a Offender enters something not prohibited by law, or
dwelling house closed premises or by compelling him to do something against
fenced estate his will, be it right or wrong
2. That the prevention or compulsion be
effected by violence, either by material force
Place entered is Place entered is or such display of force as would produce
inhabited uninhabited intimidation and control the will of the
Act constituting the It is the entering the offended party
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robberies robbery
ART. 302 - ROBBERY IN AN 3. Mere formation is 3. Actual commission
UNINHABITED PLACE OR IN A punished of robbery necessary
PRIVATE BUILDING
Same manner of commission as Article 299 ART. 308-WHO ARE LIABLE FOR
THEFT
ART. 304- POSSESSION OF ELEMENTS:
PICKLOCKS OR SIMILAR TOOLS 1. That there be taking of personal property
ELEMENTS: 2. That said property belongs to another
1. That the offender has in his possession 3. That the taking be done with intent to gain
picklocks or similar tools 4. That the taking be done without the consent
2. That such picklocks or similar tools are of the owner
specially adopted to the commission of 5. That the taking be accomplished without the
robbery use of violence against or intimidation of
3. That the offender does not have lawful persons or force upon things
cause for such possession
What distinguishes THEFT from ROBBERY
ART. 305 FALSE KEYS is that in theft the offender does not use
violence or intimidation or does not enter a
INCLUSIONS:
house or building through any of the means
1. Tools not mentioned in the next preceding
specified in Art. 299 or Art. 302 in taking
article
personal property of another with intent to
2. Genuine keys stolen from the owner
gain
3. Any keys other than those intended by the
owner for use in the lock forcibly opened by
the offender ART. 310-QUALIFIED THEFT
There is qualified theft in the ff. instances:
PRESIDENTIAL DECREE 532 modified 1) If theft is committed by a domestic servant
Art 306 & 307
ART. 306 BRIGANDAGE 2) If committed with grave abuse of confidence
ELEMENTS:
3) If the property stolen is a motor vehicle, mail
1. There be at least four armed persons.
matter, or large cattle
2. They formed a band of robbers.
3. The purpose is any of the following:
4) If the property stolen consists of coconuts
a) To commit robbery in a highway; or
taken from the premises of plantation
b) To kidnap persons for the purpose of
extortion or to obtain ransom; or
5) If the property stolen is fish taken from a
c) To attain by means of force or
fishpond or fishery
violence any other purpose
6) If property is taken on the occasion of fire,
Any person who aids or abets the
earthquake, typhoon, volcanic eruption, or any
commission of highway robbery or brigandage
other calamity, vehicular accident or civil
shall be considered accomplices.
disturbance
a) by giving information about the
movement of police or other peace
officers of the government PRESIDENTIAL DECREE 533 ANTI-
b) acquires or receives property taken CATTLE RUSTLING LAW OF 1974
from such brigands CATTLE RUSTLING the taking away by any
c) in any manner derives any benefit means, method or scheme, without the consent
therefrom of the owner/raiser, of any of the animals
d) directly/indirectly abets the (classified as large cattle) whether or not for
commission of highway robbery profit or gain, or whether committed with or
without violence against or intimidation of any
BRIGANDAGE ROBBERY IN BAND person or force upon things. It includes the
1. Purpose: commit 1. Purpose: commit killing of large cattle, or taking its meat or hide
robbery in highway; or robbery, not without the consent of the owner /raiser.
to kidnap person for necessarily in
ransom; or any other highways Note: Cattle rustling is mala in se since PD 533
purpose attained by is an amendment to Arts. 308, 309 and 310 of
force and violence the RPC (TAER vs. CA)
2. Agreement is to 2. Agreement to
commit several commit a particular ANTI-FENCING LAW
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3 WAYS TO COMMIT 315, NO. 2(E) 4) Any person who, to the prejudice of another,
1) By obtaining food, refreshment or shall execute any fictitious contract
accommodation at hotel, inn, restaurant,
boarding house, lodging house or apartment 5) Any person who shall accept any
house without paying therefor, with intent to compensation given under the belief that it was
defraud the proprietor or manager thereof in payment of services rendered or labor
2) By obtaining credit at any of the said performed by him, when in fact he did not
establishments by the use of any false pretense actually perform such services or labor
3) By abandoning or surreptitiously removing
any part of his baggage from any of the said 6) Any person who, while being a surety in a
establishment after obtaining credit, food, bond given in a criminal or civil action, without
refreshment or accommodation therein, without express authority from the court or before the
paying cancellation of his bond or before being relieved
from the obligation contracted by him, shall sell,
ELEMENTS OF 315 NO. 3 (A) mortgage, or, in any other manner, encumber
1. That the offender induced the offended party the real property or properties with which he
to sign a document guaranteed the fulfillment of such obligation
2. The deceit be employed to make him sign
the document ART. 317-SWINDLING A MINOR
3. That the offended party personally signed ELEMENTS:
the document 1. That the offender takes advantage of the
4. That prejudice be caused inexperience or emotions or feelings of a
minor
315 No. 3 (B) - resorting to some fraudulent 2. That he induces such minor to assume an
practice to insure success in a gambling game obligation, or to give release, or to execute a
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cattle other
4) Causing damage to the property of the
National Museum or National Library, or to any The pardon must come before the institution
archive or registry, waterworks, road, of the criminal prosecution
promenade, or any other thing used in common
by the public The offended party must pardon both the
offenders
ART. 329 OTHER MISCHIEFS
Abandonment of the wife by the husband
Mischief not included in the next without justification is only a mitigating
preceding article circumstance
ART. 330 DAMAGE AND ART. 334 CONCUBINAGE
OBSTRUCTION TO MEANS OF ELEMENTS:
1. That the man must be married
COMMUNICATION 2. That he committed any of the ff. acts:
PERSONS LIABLE: a. keeping a mistress in the conjugal
Any person who shall damage any dwelling.
railway, telegraph or telephone lines b. having sexual intercourse under
scandalous circumstances with a
The offense is qualified if the damage shall woman who is not his wife
result in the derailment of cars, collision or c. cohabiting with her in any other place
other accident. 3. As regards to the woman, she must know
him to be married
ART 331- DESTROYING OR
DAMAGING STATUES, PUBLIC ART. 336- ACTS OF
MONUMENTS OR PAINTINGS LASCIVIOUSNESS
ELEMENTS:
ART. 332 PERSONS EXEMPT 1. That the offender commits any act of
lasciviousness or lewdness
FROM CRIMINAL LIABILITY
2. That it is done under any of the ff.
CRIMES INVOLVED: circumstances
1) Theft a. By using force or intimidation
2) Swindling b. When the offended party is deprived of
3) Malicious mischief reason or otherwise unconscious
PERSONS EXEMPTED:
ART. 337- QUALIFIED SEDUCTION
1) Spouses, ascendants and descendants, or
relatives by affinity on the same line Two classes
2) The widowed spouse with respect to the 1) Seduction of a virgin over 12 years and
property which belonged to the deceased under 18 years of age by persons who abuse
spouse before the same shall have passed to their authority or the confidence reposed
the possession of another 2) Seduction of a sister by her brother or
3) Brothers and sisters and brothers in law and descendant by her ascendant, regardless of her
sisters in law, if living together age and reputation
Stepfather, adopted father, natural children, VIRGINITY - does not mean physical virginity.
concubine, paramour included The RPC does not exclude the idea of abduction
of a virtuous woman of good reputation.
Also applies to common-law spouses
ART. 338 SIMPLE SEDUCTION
CRIMES AGAINST CHASTITY ELEMENTS:
(ARTS 333-343) 1. That the offended party is over 12 and under
18 years of age
ART. 333 ADULTERY
2. That she must be of good reputation, single
ELEMENTS:
or widow
1. That the woman is married
3. That the offender has sexual intercourse
2. That she has sexual intercourse with a man
with her
not her husband
4. That it is committed by means of deceit
3. That as regards to the man with whom she
has sexual intercourse, he must know her to
be married ART. 339 ACTS OF
LASCIVIOUSNESS WITH THE CONSENT
The acquittal of one of the defendants does OF THE OFFENDED PARTY
not operate as a cause for acquittal of the
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Conviction of acts of lasciviousness, not a Pardon by the offended party who is a minor
bar to conviction of forcible abduction must have the concurrence of parents
except when the offended party has no
Attempted Rape is absorbed by Forcible parents
Abduction as the former constitutes the
element of lewd design Marriage of the offender with the offended
party benefits the co-principals, accomplices
ART. 343- CONSENTED ABDUCTION and accessories EXCEPT in rape because it
ELEMENTS: is already a crime against person; marriage
1. That the offended party must be a virgin obliterates criminal liability as to the
2. That she must be over 12 and under 18 husband only
years of age
3. That the taking away of the offended party ART. 345 CIVIL LIABILITY OF
must be with her consent, after solicitation or PERSONS GUILTY OF CRIMES
cajolery from the offender AGAINST CHASTITY
4. That the taking away of the offended party PERSONS WHO ARE GUILTY OF RAPE,
must be with lewd designs SEDUCTION, OR ABDUCTION SHALL ALSO
BE SENTENCED:
If girl is under 12 ALWAYS FORCIBLE 1) To indemnify the offended woman
ABDUCTION 2) To acknowledge the offspring, unless the
law should prevent him from doing so
CRIMES AGAINST CHASTITY WHERE AGE
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1) Any person who shall publish, exhibit or Committed by any person who shall
cause the publication or exhibition of any make any intrigue which has for its principal
defamation in writing or by similar means purpose to blemish the honor or reputation of
2) The author, editor of the book or pamphlet another.
3) Editor, Business manager of newspaper or ART. 365 IMPRUDENCE AND
magazine, responsible to the same extent NEGLIGENCE
as if he were the author
4) Owner of the printing plant which publishes
ELEMENTS (RECKLESS IMPRUDENCE):
the libelous article and all other persons who
1. That the offender does or fails to do an act.
in any way participate
2. That the doing of or the failure to do that act
is voluntary.
ART. 361 PROOF OF TRUTH 3. That it be without malice.
WHEN PROOF OF THE TRUTH IS 4. That material damage results.
ADMISSIBLE IN A CHARGE FOR LIBEL: 5. That there is inexcusable lack of precaution
1. When the act or omission imputed on the part of the person performing or
constitutes a crime regardless of whether the failing to perform such act taking into
offended party is a private individual or a consideration - - -
public officer. a) Employment or occupation.
2. When the offended party is a Government b) Degree of intelligence, physical
employee, even if the imputation does not condition.
constitute a crime, provided it is related to the c) And other circumstances regarding
discharge of his official duties. persons, time and place.
INCRIMINATING DEFAMATION
INNOCENT - END OF BOOK TWO-
PERSONS
Offender does not Imputation is public
avail himself of written and malicious
or spoken words in calculated to cause
besmirching the dishonor, discredit, or
victims reputation contempt upon the
offended party