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COLLEGE OF LAW
CRIMINAL LAW 2
RENATO M. PAMBID
Course coverage
The course covers Book Two of the Revised Penal Code, titled Crimes and
Penalties, covers Articles 114 365 thereof, and amendments thereto.
Several special penal laws will also be discussed. There are fifteen (15) titles
in Book II of the Revised Penal Code, with the various crimes classified into
fourteen (14) titles. Discussions will focus on the definition of crimes, their
nature, elements and qualifying circumstances.
Bases of grades
Passing grade is 75%. Thirty percent (30%) of the final grade shall be based
on Class Performance, thirty percent (30%) on the Mid-Term Examinations,
and forty percent (40%) on the Final Examinations. Class performance
consists of recitations, writing assignments and quizzes.
Course outline
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3. Misprision of treason (Art. 116)
11. Hijacking
Rep. Act No. 6235
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2. Delay in the delivery of detained persons to the proper judicial
authorities (Art. 125)
Exec. Order No. 272
RULES OF COURT, Rule 112, sec. 7
See also Rep. Act No. 7438
Sayo v. Chief of Police, 80 Phil. 859 (1948)
Medina v. Orozco, 18 SCRA 1168 (1966)
Jasper Agbay v. The Honorable Deputy Ombudsman for the
Military, et.al., G.R. No. 134503, 2 July 1999
Soria v. Desierto, G.R. Nos. 153524-25, 31 January 2005
B. Violation of domicile
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III. CRIMES AGAINST PUBLIC ORDER
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C. Illegal assemblies and associations
E. Public disorders
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F. Evasion of service of sentence
A. Forgeries
Counterfeiting Coins
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Forging treasury or bank notes, obligations and securities;
importing and uttering false or forged notes, obligations and
securities
Falsification
People v. Romualdez, 57 Phil. 148
Berdadio v. CA, 103 SCRA 567
Luague v. CA, 112 SCRA 97
Cabigas v. People, 152 SCRA 18
People v. Sandaydiego, 81 SCRA 120
Siquian v. People, 171 SCRA 223
People v. Villalon, 192 SCRA 521
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Falsification of medical certificates, certificates of merit or
service and the like
B. Other Falsities
17. Using fictitious name and concealing true name (Art. 178)
Commonwealth Act No. 142
Legamia v. IAC, 131 SCRA 478
False testimony
C. Frauds
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5. Grave scandal (Art. 200)
Dereliction of duty
Bribery
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Manipon v. Sandiganbayan, 143 SCRA 267- Sheriff, asked for a bribe,
to lift the garnishment on Dominguezs bank account. GUILTY of Direct
Bribery
(4) That the crime or act relates to the exercise of his functions
as a public officer. The promise of a public officer to perform an
act or to refrain from doing it may be express or implied. [Settling
of Tax Liability of R. Revilla]
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12. Other frauds (Art. 214)
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malversed is not a defense. It is neither an exempting
circumstance nor a ground for extinguishing the accused's
criminal liability. At best, it is a mitigating circumstance.
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The negligence referred to in the third element is such definite
laxity as all but amounts to a deliberate non- performance of
duty on the part of the guard. It is evident that petitioner acted
negligently and beyond the scope of his authority when he
permitted his charge to create the situation which led to her
escape.
21. Evasion through negligence (Art. 224)
Revelation of secrets
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Anticipation, prolongation and abandonment of the duties
and powers of public office
Rep. Act No. 3019 (see also Rep. Act No. 6713)
Jaravata v. Sandiganbayan, 127 SCRA 363
Trieste v. Sandiganbayan, 145 SCRA 508
Mejorada v. Sandiganbayan, 151 SCRA 399
Plunder
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Rep. Act No. 7080
Estrada vs. Sandiganbayan GR No. 148560 November 19, 2001
Organo vs. Sandiganbayan GR Ni. 136916 December 14, 1999
A. Destruction of Life
B. Physical Injuries
C. Rape
People v. Orita, 184 SCRA 105- No such thing as frustrated Rape, Perfect penetration not
essential to deem the act of rape as consummated, any penetration is sufficient to warrant
a conviction.
People v. Mangalino, 182 SCRA 329- In Statutory rape, proof of intimidation or lack of
force is immaterial, proof of entrance to the labia of the male organ is sufficient.
b
People v. Villapana, 161 SCRA 72 -(1) An accusation for rape can be made with facility; it is
difficult to prove it but more difficult for the person accused, though innocent, to disprove
it; (2) In view of the intrinsic nature of the crime of rape where two persons are usually
involved, the testimony of the complainant must be scrutinized with extreme caution; and
(3) The evidence for the prosecution must stand or fall on its own merits, and cannot be
allowed to draw strength from the weakness of the evidence for the defense
The evidentiary rule is that in crimes against chastity, the testimony of the injured woman
should not be received with precipitate credulity; and when the conviction depends at any
vital point upon her uncorroborated testimony, it should not be accepted unless her
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Behavior of accused on witness stand as if crime charged were not serious gives an
People v. Balvuena, 129 SCRA 10 - The testimony of the victim, whose chastity has not
been questioned, is generally accorded credence because such offended party would not
have fabricated facts that could bring shame and dishonor on her.
People v. Castro 196 SCRA 679- SUMMARY: Castro raped his niece by making her stand
on the toilet bowl. Castro denied this and claims he was at school at the time of the rape.
The court held that he was guilty.DOCTRINE: Perfect penetration is not essential for the
offense of consummated rape.
People v. Ateneo, 196 SCRA 357- Sexual intercourse with a woman with a mentality of a
child below 12 years old constitutes rape, even if force and intimidation are absent.
Circumstance (Iv) does not only pertain to chornological age but also to mental age.
Hazing
Rep. Act No. 8049
Illegal detention
Kidnapping of minors
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People v. CA, 198 SCRA 186
Trespass to dwelling
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19. Light coercions (Art. 287)
Unjust vexation
People v. Reyes, 60 Phil. 369
People v. Anonuevo, 36 OG 2018
A. Robbery in General
Robbery in band
People v. Apduhan, 24 SCRA 798
B. Brigandage
Highway Robbery
Pres. Decree No. 532
People v. Puno, 219 SCRA 85
People v. Pulusan, G.R. No. 110037, May 21, 1998
C. Theft
Carnapping
R.A. No 10883
Rep. Act No. 6539
People v. De la Cruz, 183 SCRA 763
Izon v. People, 107 SCRA 118
Cattle rustling
Pres. Decree No. 533
Taer v. CA, 186 SCRA 598
Ordonio v. CA, 199 SCRA 873
Illegal fishing
Rep. Act No. 8550, sec. 86 et seq.
Hizon v. CA, 265 SCRA 517
Illegal logging
Pres. Decree No. 330
Pres. Decree No. 705, sec. 68
Mustang Lumber, Inc. v. CA, June 19, 1996
Fencing
Pres. Decree No. 1612
D. Usurpation
E. Culpable Insolvency
Trust receipts
Pres. Decree No. 115
Allied Banking Corp. v. Ordoez, 192 SCRA 246
Lee v. Rodil, 175 SCRA 100
Bouncing checks
Batas Pambansa Blg. 22
Nierras v. Dacuycuy, 181 SCRA 1
People v. Gorospe, 157 SCRA 154
Que v. People, 154 SCRA 160
People v. Nitafan, 215 SCRA 79
Lim Lao v. CA, 274 SCRA 572
Idos v. CA, G.R. No. 110782, Sept. 25, 1998
Swindling by syndicate
Pres. Decree No. 1689
F. Chattel Mortgage
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27. Arson of property of small value (Art. 323)
H. Malicious Mischief
B. Acts of Lasciviousness
D. Abduction
B. Illegal Marriages
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4. Marriage contracted against provisions of law (Art. 350)
Cosca v. Palaypayon, 237 SCRA 249 (1994)
Sermonia v. Court of Appeals, 233 SCRA 155 (1994)
A. Libel
B. Incriminatory Machinations
Wiretapping
Rep. Act No. 4200
Ganaan v. Intermediate Appellate Court, 145 SCRA 112 (1986)
Ramirez v. Court of Appeals, 248 SCRA 590 (1995)
XIV. QUASI-OFFENSES
rmp/20160120
Thanks to Prof. DPCalica, Prof. AMuyot, LBReyes
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