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3. Prospective – the law does not have any Crimes Punishable under article 2 are cognizable by an
retroactive effect. RTC where the case is first filed. Those, however, falling
Exception: when the law is favorable to the under par. 4, may fall to the Sandiganbayan, if the salary
accused. grade is 27 or higher and those expressly designated to
Exceptions to the Exception: be cognizable by the Sandiganbayan (sec. 4, PD 1606,
a. The new law is expressly made as amended).
inapplicable to pending actions
or existing causes of action Crimes not involving a breach of public order committed
b. Offender is a habitual criminal on board a foreign merchant vessel in transit not triable
by our courts (US v. Look Chaw, 18 Phil. 573).
TERRITORIALITY; EXCEPTIONS
ART. 2.RPC. APPLICATION OF ITS PROVISIONS. — Smoking opium constitutes breach of public order (P. vs.
Except as provided in the treaties and laws of Wong Cheng, 46 Phil. 729).
preferential application, the provisions of this Code shall
be enforced not only within the Philippine Archipelago, Philippine courts have no jurisdiction over offenses
including its atmosphere, its interior waters and maritime committed on board foreign warships in territorial waters
zone, but also outside of its jurisdiction, against those (US vs. Bull, 15 Phil. 7).
who:
1. Should commit an offense while on a Philippine waters may be divided as follows:
Philippine ship or airship. 1. Internal waters—waters within the baselines
2. Should forge or counterfeit any coin or including the archipelagic waters;
currency note of the Philippine Islands or 2. Territorial waters—12 miles from the baselines;
obligations and securities issued by the 3. Contiguous zone – 12 miles from the outer
Government of the Philippine Islands; limits of the territorial waters;
3. Should be liable for acts connected with the 4. Exclusive Economic Zone—200 miles from the
introduction into these islands of the obligations baselines.
and securities mentioned in the presiding
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2. Positivist Theory – basis is the sum of social Hence, since he is still motivated by criminal intent, the
and economic phenomena which conditions offender is criminally liable in:
man to do wrong in spite of or contrary to his 1. Error in personae – mistake in identity ->
violations on impossible crimes and habitual intended victim not present
delinquency. 2. Abberatio ictus –mistake in blow -> intended
CHARACTERISTICS: victim is present.
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3. Praeter intentionem - lack of intent to commit Mitigating and Take into GENERALLY
so grave a wrong aggravating account in not taken into
circumstance imposing account
PROXIMATE CAUSE penalty
PROXIMATE CAUSE – the cause, which in the natural When there is GENERALLY
and continuous sequence unbroken by any efficient Degree of more than one not taken into
supervening cause, produces the injury, and without participation offender, it is account
which the result would not have occurred (Bataclan vs. taken into See SEC. 98
Medina, 102 Phil. 181). consideration RA 9165
General Rule: General Rule:
Any person who creates in another’s mind an immediate Laws violated RPC Except. Special Penal
sense of danger, which causes the latter to do Plunder Laws
something resulting in the latter’s injuries, is liable for the Omission of
resulting injuries (P. vs. Page, 77 SCRA 348). list of voter,
Wrong done must be the direct, natural and logical MOTIVE VS. INTENT
consequence of felonious act (US vs. Sornito, 4 Phil. Intent Motive
357). Purpose to use a Moving power which
particular means to impels one to act
IMPOSSIBLE CRIME effect a result
Requisites: Element of crime Not an element
1. Act would have been an offense against persons except in crimes
or property. committed with culpa
2. There was criminal intent. Essential in intentional Essential only when
3. Accomplishment is inherently impossible; or felonies the identity of the felon
inadequate or ineffectual means are employed. is in doubt.
4. Act is not an actual violation of another provision
of the Code or of special law. GR: Motive is not an essential element of a crime,
hence, need not be proved.
Impossible crime occurs when there is:
Exceptions:
1. Inherent impossibility to commit the crime
1. Where identity of the accused is in dispute, motive is
2. Inadequate means to consummate the crime
relevant;
3. Ineffectual means to consummate the crime.
2. Where there is doubt as to the crime committed by
the offender;
In stealing a check which bounced when attempted to be
When a person in authority is assaulted while he
encashed, the crime is impossible crime of theft (Jacinto
is not in his office or not in the performance of
vs. People).
his duties, it is necessary to determine motive. If
the assault is motivated by the past official act of
MALA IN SE VS. MALA PROHIBITA
the person in authority, the crime would be direct
Mala in se Mala assault. If, however, it is otherwise, the crime
Prohibita would just be, for example, homicide, or
attempted or frustrated homicide or just plain
Moral trait of considered Not physical injuries.
offender considered In case of killing by means of fire. If the motive is
to kill, murder is committed. While if the motive
is to burn, the crime would be qualified arson.
Not a defense, Not even a complex crime.
Valid defense intent not In forcible abduction with rape, if the main (real)
unless the necessary object of the offender is to rape the victim,
Good faith as a crime is the sufficient that abduction is absorbed; crime is only rape (P. vs.
defense result of culpa the offender Rapisora, L-138086, Jan. 25, 2001, EN BANC).
has the intent Motive was also important to establish the
to perpetrate defense of insanity, when the husband killed his
the act wife. It was established that the husband has no
prohibited by motive to kill his wife since he was a very loving
the special law husband. NOTE: The husband in this case killed
Wrong only his wife while in a dream state
Wrongful from because of a (SOMNAMBULISM). He was asleep when the
Nature its very nature positive law killing was done.
prohibiting
such act or 3. When the evidence are merely circumstantial, proof
omission of motive is essential (P. vs. Oquino 122 SCRA
Intent GR: taken into Not taken into 797).
account account
Degree of Taken into CONSUMMATED;FRUSTRATED;ATTEMPTED
accomplishment Taken into account only A felony is consummated when all the elements
of the crime account when necessary for its execution and accomplishment are
consummated present; and it is frustrated when the offender performs
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all the acts of execution which would produce the felony 6. Theft
as a consequence but which, nevertheless, do not
produce it by reason of causes independent of the will of 2 Stages in the Development of a crime:
the perpetrator. 1. Internal acts
– e.g. mere ideas of the mind
There is an attempt when the offender commences the – not punishable
commission of a felony directly by overt acts, and does
not perform all the acts of execution which should 2. External acts
produce the felony by reason of some cause or accident a. Preparatory acts – ordinarily not
other than his own spontaneous desistance. (Art. 6, punishable except when considered by
RPC) law as independent crimes
(e.g. Art. 304, Possession of
Attempted Frustrated Consummated picklocks and similar tools)
b. Acts of Execution – punishable under
All acts of All the acts of the RPC
Overt acts of execution are execution are CONSPIRARY
execution present present Requisites:
are started 1. Two or more persons come to an agreement
Not all acts Crime sought The result 2. For the commission of a felony
of execution to be sought is 3. And they decide to commit it
are present committed is achieved
not achieved Note: Conspiracy to commit a felony is different
Due to Due to from conspiracy as a manner of incurring criminal
reasons intervening liability.
other than causes When the conspiracy relates to a crime actually
the independent committed, it is not a felony but only a manner of
spontaneous of the will of incurring criminal liability. Hence, conspirator should not
desistance the perpetrator actually commit the crime, let say, treason. If they do,
of the conspiracy is not anymore a crime but only a manner of
perpetrator incurring criminal liability.
ATTEMPTED FRUSTRATED IMPOSSIBLE
CRIME General Rule: Conspiracy to commit a felony is not
punishable since it is merely a preparatory act.
In all, evil intent of the offender is not accomplished
Exception: when the law specifically provides for a
Evil intent of offender is possible Evil intent
penalty
of accomplishment cannot be
Ex: rebellion, insurrection, sedition, coup d’ etat
accomplished
Prevented by Accomplishment Accomplishment
General Rule: The act of one is the act of all.
some cause or is prevented by is inherently
Exception: Unless one or some of the conspirators
accident other reason of impossible or
committed some other crime which is not part of the
than causes beyond because the
intended crime.
offender’s own the control of means
Exception to the exception; When the act constitutes
spontaneous the perpetrator employed is
an
desistance. inadequate or
Indivisible offense.
ineffectual
IMPLIED CONSPIRACY
Crimes which do not admit of Frustrated and DOCTRINE OF INSTANT CONSPIRACY
Attempted Stages Unlike evident premeditation, conspiracy arises on the
very instant the plotters agree, expressly or impliedly, to
1. Offenses punished by Special Penal Laws, commit the felony and decide to pursue it (P. vs.
unless the law provides otherwise Monroy, 104 Phil. 759).
2. Formal crimes – consummated in one instance
(Ex: slander, adultery, etc.)\ OVERT ACTS IN CONSPIRACY MUST CONSIST OF;
3. Impossible Crimes 1. Active participation in the actual commission of
4. Crimes consummated by mere attempt the crime itself, or
(Ex: Attempt to flee to an enemy 2. Moral assistance to his conspirators by being
country, treason, corruption of minors) present at the time of the commission of the
5. Felonies by omission crime, or
6. Crimes committed by mere agreement 3. Exerting a moral ascendance over the other co-
(Ex: betting in sports: “ending”, conspirators by moving them to execute or
corruption of public officers) implement the criminal plan People v. Abut, et
7. Arson. al. (GR No. 137601, April 24, 2003)
Crimes which do not admit of Frustrated Stage: PROPOSAL TO COMMIT A FELONY
1. Rape Requisites:
2. Bribery 1. A person has decided to commit a felony
3. Corruption of Public Officers 2. And proposes its execution to some other
4. Adultery person or persons.
5. Physical injury
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requirement. Who would not wound himself just The peace officer, in the performance of his duty,
to escape from the penalty of reclusion temporal represents the law which he must uphold. While the law
for homicide (P. vs. Mediavilla, 52 Phil. 94). allows a private individual to prevent or repel an
aggression, the duty of a peace officer requires him to
Nature, location and number of wounds inflicted overcome his opponent. A police officer is not required
upon the victim may negate claim of self-defense.21 to afford a person attacking him, the opportunity of a fair
stab wounds on the victim negates self-defense (P. and equal struggle (P. vs. Mojica, 42 Phil. 784).
vs. Batas, 176 SCRA 46).
Improbability of the deceased being the aggressor
belies the claim of self-defense (P. vs. Diaz, 55 3. Lack of sufficient provocation on the part of
SCRA 178). the person defending himself
The fact that the accused declined to give a
statement when he surrendered to a policeman is REASON: When the person defending himself from the
inconsistent with the plea of self-defense (P. vs. attack of another give sufficient provocation to the latter,
Manansala, 31 SCRA 401). he is also to be blamed for having given the cause for
the aggression.
defend his father from his assailants is not an evil in Art. 12, par. 5 and 6 applies.
contemplation of the law (P. vs. Ricohermoso, 56 SCRA
4431). The subordinate is not liable for carrying out an illegal
order of his superior, if he is not aware of its illegality and
Damage to another includes injury to persons and he is not negligent (P. vs. Beronilla, 96 Phil. 566).
damage to property.
EXEMPTING CIRCUMSTANCE
Avoidance of greater evil or injury was applied in a case EXEMPTING CIRCUMSTANCES – grounds for
where a woman, who is about to be married but eloped exemption from punishment because there is wanting
with another man, was accused of slander by deed by in the agent of the crime any of the conditions which
the offended party after making preparations for the make the act voluntary or negligent.
wedding. There is a necessity for the accused in
avoiding a loveless marriage (P. vs. Norma Hernandez, Basis: The exemption from punishment is based on
CA 55 OG 8465). the complete absence of intelligence, freedom of
action, or intent, or on the absence of negligence on
NOTE: There is civil liability under this paragraph. the part of the accused.
Par. 5 Fulfillment of Duty or Lawful Exercise of a Burden of proof: Any of the circumstances is a matter
Right or Office of defense and must be proved by the defendant to the
satisfaction of the court.
Elements:
1. Accused acted in the performance of duty or in Justifying Exempting
the lawful exercise of a right or office. Who/What
2. The injury caused or offense committed be the is affected? Act Actor
necessary consequence of the due performance Act is Act is wrongful but
of the duty, or the lawful exercise of a right or Nature of considered actor not liable
office. act legal
Yes, but since
NOTE: The accused must prove that he was duly Existence None voluntariness is
appointed to the position claimed he was discharging at of a crime absent the actor is
the time of the commission of the offense. It must also not liable
be shown that the offense committed was the necessary No criminal No criminal liability
consequence of such fulfillment of duty, or lawful Liability and civil but there is civil
exercise of a right or office. liability BUT liability EXCEPT
there is civil as to Art.
liability as to 12(4)(injury by
Art. 11(4) mere accident)
(state of and (7)
DOCTRINE OF SELF-HELP necessity) (lawful/insuperable
Art. 429. The owner or lawful possessor of a thing has cause)
the right to exclude any person from the enjoyment and
disposal thereof. For this purpose, he may use such Par. 1 Imbecility or Insanity
force as may be reasonably necessary to repel or
prevent an actual or threatened unlawful physical IMBECILE – one while advanced in age has a mental
invasion or usurpation of his property. development comparable to that of children between 2
and 7 years old. He is exempt in all cases from criminal
NOTE: Under this paragraph (lawful exercise of a right), liability.
it is not necessary that there be unlawful aggression
against the person charged with the protection of the INSANE - One who acts with complete deprivation of
property. intelligence/reason or without the least discernment or
with total deprivation of freedom of will.
Par. 6 Obedience to a Superior Order
Mere abnormality of the mental faculties will not exclude
Elements: imputability. At most, it is only mitigating (art. 13, par. 9).
1. An order has been issued
2. Order has a lawful purpose (not patently illegal) General Rule: Exempt from criminal liability
3. Means use by subordinate to carry out said Exception: The act was done during a lucid interval.
order is lawful
NOTE: Defense must prove that the accused was
NOTE: The superior officer giving the order cannot insane at the time of the commission of the crime
invoke this justifying circumstance. Good faith is because the presumption is always in favor of sanity (P.
material, as the subordinate is not liable for carrying out vs. Bascos, 44 Phil. 204).
an illegal order if he is not aware of its illegality and he is
not negligent. Evidence of insanity.
Direct testimony is not required, nor are specific acts of
General Rule: Subordinate cannot invoke this derangement essential to establish insanity.
circumstance when order is patently illegal. Circumstantial evidence, if clear and convincing, will
Exception: When there is compulsion of an irresistible suffice (P. vs. Bonoan, 64 Phil. 93).
force, or under impulse of uncontrollable fear.
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The evidence of insanity must refer to the time preceding discernment to be exempt. If with discernment, he is
the act or to the very moment of its execution. If criminally liable.
evidence points to insanity subsequent to the
commission of the crime, the accused cannot be Presumption: The minor committed the crime without
acquitted. He is presumed to be sane during the discernment.
commission (US vs. Guevara, 27 Phil. 547).
DISCERNMENT – mental capacity to fully appreciate the
A defense of insanity may be incredible, as in the case consequences of the unlawful act, which is shown by
the accused himself testified that he was acting very the:
sanely before the commission of the crime, but lost his 1. Manner the crime was committed
mind only during the commission of the crime (“nagdilim 2. Conduct of the offender after its commission
ang paningin”) (P. vs. Renegado, 57 SCRA 275).
NOTE: Under R.A. 9344 a minor over 15 but
MENTAL DISTURBANCES EMBRACED IN INSANITY below 18 who acted without discernment is
exempt from criminal liability
1. Dementia praecox is covered by the term
insanity.
When a person is suffering from a form of Par. 4 Accident without fault or intention of causing
psychosis, a type of dementia praecox, it
homicidal attack is common, because of the
delusions that he is interfered with sexually or ACCIDENT
that his property is being taken (P. vs. Bonoan, Is something that happens outside that sway of our will,
supra). and although it comes about through some act of our
will, lies beyond the bounds of humanly foreseeable
2. Epilepsy consequences.
Is a chronic nervous disease characterized by Elements:
fits, occurring at intervals, attended by 1. A person is performing a lawful act
convulsive motions of the muscles and loss of 2. With due care
consciousness. To be exempt, the accused 3. He causes injury to another by mere accident
must show that he committed the crime during 4. Without fault or intention of causing it.
epileptic fit (P. vs. Mancao and Aguilar, 49 Phil.
887).
Claim of accident is not appreciated:
3. Malignant malaria (P. vs. Lacena, 69 Phil. 350). 1. Repeated blows negate wounding by mere
4. Somnambulism (sleepwalking) accident (P. vs. Taylaran, 108 SCRA 373).
The act is done without criminal intent (P. vs. 2. Accidental shooting is negated by threatening
Taneo, 58 Phil. 255). words preceding it and still aiming the gun
NOTE: In this case, it was proved that the instead of immediately helping the victim (P. vs.
accused has no motive to injure his wife. It Reyes, 69 SCRA 474).
appearing that he was a very loving husband 3. When the claim of accident is belied by
before the tragic incident. demonstrative and physical evidence (P. vs.
Samson, 7 SCRA 478).
OTHER CASES NOT COVERED BY INSANITY
1. Kleptomania;
Note: Decisions of US courts are conflicting Par. 5 Irresistible Force
whether it is exempting or just mitigating.
2. Feeblemindedness (P. vs. Formigones,87 Phil. IRRESISTIBLE FORCE – offender uses violence or
658); physical force to compel another person to commit a
3. Hypnotism (still debatable); crime.
4. Senility.
Elements:
1. The compulsion is by means of physical force.
Par. 2 Under Nine Years of Age 2. The physical force must be irresistible.
3. The physical force must come from a third
Requisite : Offender is under 9 years of age at the time person
of the commission of the crime. There is absolute
criminal irresponsibility in the case of a minor under 9 NOTE: Force must be irresistible so as to reduce the
years of age. individual to a mere instrument.
NOTE: Under R.A. 9344 or the Juvenile Justice And There is no compulsion of irresistible force where the
Welfare Act a minor 15 years and below is exempt accused pretended that he was threatened with a gun by
from criminal liability. his friend, the mastermind. The testimony is not credible
in itself when he himself was armed with a rifle (P. vs.
Sarip, 88 SCRA 666).
Par. 3 Person Over 9 and Under 15 Acting Without
Discernment So as the claim of a co-accused that he was forced to
rape the girl victim. Testimony of the accused is
incredible aside from being given by a polluted source.
NOTE: Such minor must have acted without
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1. That the accused is on trial for an offense; Hence, even though in the inception of the
2. That he previously served sentence for another aggression which ended in the death of the
offense to which the law attaches an deceased, treachery was not present, if there
a) Equal or was a break in the continuity of the aggression
and at the time of the fatal wound was inflicted
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on the deceased he was defenseless, the took part in its execution by acts which directly
circumstance of treachery must be taken into tended to the same end.
account.
Principal by Induction
Treachery Should Be Considered Even If:
Requisites:
1. The victim was not predetermined but there was a 1. That the inducement be made directly with the
generic intent to treacherously kill any first two intention of procuring the commission of the
persons belonging to a class. (The same rule crime; and
obtains for evident premeditation). 2. That such inducement be the determining cause
of the commission of the crime by the material
2. There was error in personae, hence the victim was executor.
not the one intended by the accused. (A different
rule is applied in evident premeditation). Principal by indispensable cooperation
When in obedience to an order several accused Example: murder can be committed by means of
simultaneously shot many persons, without evidence fire. Arson cannot be complexed with murder
how many each killed, there is only a single offense, because it is but a mode to commit murder.
there being a single criminal impulse (P. vs. Lawas,
GR no. L-7618, June 30, 1955). Subsequent acts of intercourse, after forcible abduction
with rape, are separate acts of rape. Only one rape is
CAREFUL: This doctrine according to the SC is a complexed with the forcible abduction. The additional
“forced doctrine” because of the impossibility of acts of rape are separate rapes (P. vs. Bohos, 98 SCRA
ascertaining the individual deaths caused by each and 353).
everyone of the offenders.
No complex crime when the trespass to dwelling is a
NOTE: The “single criminal impulse” “same motive” or direct means to commit a grave offense, like rape,
the single purpose theory” has no legal basis. The law murder, or homicide. Trespass will be considered
speaks of single act. However, the theory is acceptable aggravating circumstance only (P. vs. Abedosa, 53 Phil.
when it is not certain who among the accused killed or 788).
injured each of the several victims.
Note: however, trespass to dwelling is inherent in
There is no complex crime of arson with homicide under robbery with force upon things.
art. 48.
Crime would either be arson or murder, as the case No complex crime, when one offense is used to conceal
may be, depending upon the motive of the accused; the other crime.
a. Qualified arson—if the primary motive is to burn Examples:
and in consequence thereof, someone died. 1. After killing the victim, in order to conceal the crime,
b. Murder – if the motive is to kill. The killing is he set fire to the house where the victim lies (P. vs.
qualified by the use of fire. Bersabal, 48 Phil. 439)
Two crimes are committed (a) homicide or
Be careful: Although there is no crime of arson with murder, and (b) arson.
homicide; that is true only in intentional arson. Hence,
Reckless Imprudence resulting in arson with homicide, 2. An accountable officer, who after misappropriating
less serious physical injuries and damage to property an amount under his custody, falsified documents in
constitute complex crime within the meaning of art. 48 order to hide the crime (US. Vs. Geta, 43 Phil.
(P. vs. Pacson, CA O.G. 2165). But here, there are still 3 1009).
civil liabilities.
When the offender had in his possession the funds
Art. 48 is applicable to crimes committed through (accountable officer) which he misappropriated, the
negligence. Thus, a municipal mayor was held guilty of falsification of a public or official document involving said
complex crime of homicide with less serious physical funds is a separate offense.
injuries through reckless imprudence (P. vs. Castro, 40
OG, Supp. 12, 83). But when the offender had to falsify a public or official
document to obtain possession of the funds which he
Theft of firearm and illegal possession of the same misappropriated, the falsification is a necessary means
firearm do not constitute complex crime—they are two to commit the malversation (estafa).
distinct crimes.
The use of unlicensed firearm in murder or homicide is
In BP 22, there are as many crimes as the number of now considered not as a separate crime, but merely a
rubber checks issued. Single criminal intent does not special aggravating circumstance (RA 8294).
apply. Intent is not an element in BP 22, since it is mala
prohibita. Illegal possession of firearm is absorbed in rebellion (P.
vs. Rodriguez, GR NO. L-13981, April 25, 1960).
In estafa through pyramiding scheme, there are as many
crimes as the number of offended persons defrauded. However, violation of the Articles of War (more of an
There are several criminal intents as the number of administrative penalty imposed by the President) is not
victims defrauded. absorbed in coup de etat’.
Notes on complex crime proper: There is no complex crime of rebellion with murder,
arson, robbery, or other common crimes (P. vs.
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Art.48 is intended to favor the culprit. It is to ensure NOTE: There is NO COMPLEX CRIME of estafa through
that the accused will only suffer the penalty of the higher falsification of a private document. This is because they
offense at the maximum period than to suffer for the have a common element of damage. The predominant
aggregate of the penalties for each offense. crime is the one committed. (Doctrine of Common
Elements)
However, prior to the abolition of death penalty, art.
48 may be disadvantageous to the accused if he PLURALITY OF CRIMES
committed a complex crime and the higher penalty is Consists in the successive execution by the same
reclusion perpetua to death. In such a case, death individual of different criminal acts upon any of which no
will have to be imposed. conviction has yet been declared.
When two felonies constituting a complex crime are KINDS OF PLURALITY OF CRIMES:
punishable by imprisonment and fine, only the penalty of 1. Formal or Ideal—only one criminal liability. Formal
imprisonment should be imposed. Classification of the or ideal crimes are further divided into 3 groups,
penalty is not to be used to determine severity, but the where a person is punished only with one penalty:
nature of the penalty. a. When the offender commits any of the crimes
defined in art. 48;
Art 48 applies only to cases where the code does not b. Special complex crimes;
provide a definite specific penalty for a complex crime. c. Continued crimes.
Example: Art. 265, par. 2.
2. Real or Material—there are different crimes in law
Only one information is to be filed when a complex crime as well as in the conscience of the offender. In such
is committed. cases, the offender shall be punished for each and
every offense that he committed.
When a complex crime is charged and one offense is not
proven, the accused could be convicted of the other CONTINUED CRIMES
offense proven. It refers to a single crime consisting of series of acts but
all arising from one criminal resolution. Although there
Complex crime proper may be committed by two are series of acts, there is only one crime committed, so
persons. Where one of the two accused, in conspiracy only one penalty shall be imposed.
with another, committed usurpation of official function
(performing marriage ceremony) in order for the other CONTINUED CRIMES CONTINUING CRIMES
accused to successfully seduced the girl. Both are Principle in procedural
convicted of seduction through usurpation of official law where venue may be
function (US. vs. Hernandez, 29 Phil. 109). Several acts arising from had in any of the places
single criminal intent where any of the crime’s
But when one of the offense, as a means to commit the essential elements took
other, was committed by one accused by reckless place.
imprudence, that accused who committed the offense of Aka “Transitory Crimes”
reckless imprudence is liable only for his act.
Examples of continued crimes:
NO COMPLEX CRIME IN THE FOLLOWING: 1. A collector of a commercial firm misappropriates for
1. In case of continued crimes; his personal use several amounts collected by him
2. When the offense is committed to conceal the other; from different persons. There is only one crime,
3. When the other crime is an indispensable part or because the different and successive appropriations
element of the other offenses a defined; are but the different moments during which one
4. Where one offense is penalized by special law; criminal resolution arises and a single defraudation
5. When the law provides for one single penalty for develops (Regis vs. P., 67 Phil. 43).
special complex crimes (composite crimes). 2. Theft of several roosters from a yard belonging to
a. Robbery with homicide; different owners, committed at about the same time
b. Robbery with rape; and place, is only one crime of theft (P. vs. De Leon,
c. Rape with homicide; 49 Phil. 437). [single larcency test]
d. Kidnapping with serious physical injuries;
e. Kidnapping with homicide. 3. Eight robberies as a component of a general plan to
commit robbery against all within the vicinity (P. vs.
6. When the law imposes an additional penalty for De La Cruz, GR L- 1745, May 23, 1950).
another crime necessarily included in the definition 4. Running amok without having in mind a particular
of the crime (Two-Tiered Penalty). person to kill or injure; there is only one crime (P. vs.
a. Art. 312’ Emit, CA GR NO. 13477-R, Jan. 31, 1956). [single
b. Art. 129; criminal impulse test]
c. Art. 210;
d. Art. 235; Robbing 3 different houses was 3 separate crimes of
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robbery. De Leon was not applied (P. vs. Enguero, 100 14. Carnapping.
Phil. 1001).
The series of acts born of a single criminal intent may be Note: Death penalty is currently prohibited by RA
perpetrated over a long period of time (P. vs. Moreno, 9346. The provisions on automatic review are now
CA, 34 OG 1767). deemed obsolete.
HOWEVER, the act of uttering defamatory words prior to INDETERMINATE SENTENCE LAW
the attack on the victim resulting in slight physical 1. RPC. > In imposing a prison sentence for an
injuries, constitute two distinct crimes of slander and offense punished by the Revised Penal Code,
slight physical injuries, although born out of the same or its amendments, the court shall sentence the
criminal impulse (P. vs. Ramos, 59 OG 4052). accused to an indeterminate sentence the
maximum term of which shall be that which, in
Note: A continued crime is not a complex crime. view of the attending circumstances, could be
RULE IN RECKLESS IMPRUDENCE IN RELATION TO properly imposed under the rules of the said
COMPLEX CRIME Code, and the minimum which shall be within
The prevailing doctrine is that slight physical injuries, the range of the penalty next lower to that
although it is a light felony, may be filed in the same prescribed by the Code for the offense; and
complaint with damage to property and/or homicide
where the offense results from reckless negligence. 2. 2. Special Law > if the offense is punished by
THERE IS NO COMPLEXING. Thus, when already any other law, the court shall sentence the
convicted or acquitted for the same act of negligence, he accused to an indeterminate sentence, the
cannot be prosecuted for the same act of negligence the maximum term of which shall not exceed the
nd
2 time around (P. vs. Silva, L-15974, Jan. 30, 1962, EN maximum fixed by said law and the minimum
BANC). shall not be less than the minimum term
prescribed by the same
This ruling was in effect abandoned in Reodica vs. CA,
89 SCRA 632 [1979], where it was held that the resulting WHEN BENEFIT OF ISL IS NOT APPLICABLE:
crimes/injuries arising from the same act of negligence A. It shall not apply to the following persons:
may not be subject of one and the same information. 1. Sentenced to death penalty or life imprisonment;
However, again, P vs. Silva is in effect the prevailing 2. To those convicted of
rule. Only one information should be filed in the same a) Treason;
court. There is only one act of negligence (Ivler vs. b) Conspiracy or proposal to commit
Modesto-San Pedro, 635 SCRA 191). treason;
c) Misprision of treason;
REAL/MATERIAL CONTINUED CRIME d) Rebellion;
PLURALITY e) Sedition;
There is a series of acts Same f) Espionage;
performed by the g) Piracy.
offender
Each act performed Different acts constitute 3. Those who are habitual delinquents;
constitute a separate only one crime because BUT recidivist and/or quasi recidivist is
crime because each is all of the acts arise from entitled to the benefits of ISL.
generated by different one criminal resolution 4. Those who shall have escaped from
criminal impulse confinement;
5. Those who evaded the service of their sentence;
DEATH PENALTY 6. Those who having been granted conditional
JUSTIFICATION FOR DEATH PENALTY pardon by the President shall have violated the
Social defense and exemplarity. Not considered cruel terms thereof;
and unusual because it does not involve torture or 7. Those whose maximum term of imprisonment
lingering death (P. vs. Marcos, 147 SCRA 204).. does not exceed one year;
Those who are already sentenced by final judgment at
CRIMES PUNISHABLE BY DEATH (RA 7659): the time of effectivity of ISL
1. Treason;
2. Qualified Piracy; FINE OR IMPRISONMENT VS. SUBSIDIARY
3. Qualified Bribery; IMPRISONMENT
4. Parricide; Art. 39 applies only when the convict has no property
5. Murder; with which to meet the fine. Thus, a convict who has
6. Infanticide; non-exempt property enough to meet the fine cannot
7. Kidnapping and Serious Illegal Detention; choose to serve the subsidiary penalty instead of
8. Robbery with homicide, rape, intentional payment of the fine.
mutilation or arson;
9. Rape – with the use of deadly weapon or by two Subsidiary imprisonment is not an accessory penalty.
or more persons; Accessory penalties are deemed imposed even if not
10. Qualified rape; mentioned in the decision, while subsidiary penalty must
11. Destructive arson; be EXPRESSLY imposed.
12. Plunder;
13. Violations of certain provisions of the Dangerous TAKE NOTE: Subsidiary Imprisonment (penalty) is
Drugs Act; MANDATORY BUT NOT AUTOMATIC.
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RA 10592)
PECUNIARY PENALTIES VS. PECUNIARY
LIABILITIES RECLUSION PERPETUA VS. LIFE IMPRISONMENT
PECUNIARY LIABILITIES PECUNIARY
PENALTIES RECLUSION LIFE IMPRISONMENT
Broader in concept Limited in scope PERPETUA
Paid individually Paid jointly and Penalty provided for in Penalty imposed,
severally the RPC generally, in Special
Art. 38 Art. 89 (1) Laws
Includes: Includes: Has accessory penalties Generally no accessory
1. Reparation of the 1. The fine; penalties except when
damage caused; 2. The cost of the expressly provided
2. Indemnification of proceedings. Duration is 20 years and Has no duration
the consequential 1 day to 40 years
damages; May be reduced by Cannot be reduced by
3. The fine’ degrees degrees
4. The cost of the
proceeding. PROBATION LAW(PD 968 as amended by RA 10707)
Grant of Probation. — Subject to the provisions of this
PREVENTIVE IMPRISONMENT Decree, the trial court may, after it shall have convicted
"ART. 29. RPC Period of preventive imprisonment and sentenced a defendant for a probationable penalty
deducted from term of imprisonment. – Offenders or and upon application by said defendant within the period
accused who have undergone preventive imprisonment for perfecting an appeal, suspend the execution of the
shall be credited in the service of their sentence sentence and place the defendant on probation for such
consisting of deprivation of liberty, with the full time period and upon such terms and conditions as it may
during which they have undergone preventive deem best.
imprisonment if the detention prisoner agrees voluntarily
in writing after being informed of the effects thereof and PROBATION LAW; BARRED BY APPEAL
with the assistance of counsel to abide by the same No application for probation shall be entertained or
disciplinary rules imposed upon convicted prisoners, granted if the defendant has perfected the appeal from
except in the following cases: the judgment of conviction: Provided, That when a
judgment of conviction imposing a non-probationable
"1. When they are recidivists, or have been convicted penalty is appealed or reviewed, and such judgment is
previously twice or more times of any crime; and modified through the imposition of a probationable
penalty, the defendant shall be allowed to apply for
"2. When upon being summoned for the execution of probation based on the modified decision before such
their sentence they have failed to surrender voluntarily. decision becomes final. The application for probation
based on the modified decision shall be filed in the trial
"If the detention prisoner does not agree to abide by the court where the judgment of conviction imposing a non-
same disciplinary rules imposed upon convicted probationable penalty was rendered, or in the trial court
prisoners, he shall do so in writing with the assistance of where such case has since been re-raffled. In a case
a counsel and shall be credited in the service of his involving several defendants where some have taken
sentence with four-fifths of the time during which he has further appeal, the other defendants may apply for
undergone preventive imprisonment. probation by submitting a written application and
attaching thereto a certified true copy of the judgment of
"Credit for preventive imprisonment for the penalty of conviction.
reclusion perpetua shall be deducted from thirty (30)
years. “The trial court shall, upon receipt of the application filed,
suspend the execution of the sentence imposed in the
"Whenever an accused has undergone preventive judgment.
imprisonment for a period equal to the possible
maximum imprisonment of the offense charged to which “This notwithstanding, the accused shall lose the benefit
he may be sentenced and his case is not yet terminated, of probation should he seek a review of the modified
he shall be released immediately without prejudice to the decision which already imposes a probationable penalty.
continuation of the trial thereof or the proceeding on
appeal, if the same is under review. Computation of “Probation may be granted whether the sentence
preventive imprisonment for purposes of immediate imposes a term of imprisonment or a fine only. The filing
release under this paragraph shall be the actual period of the application shall be deemed a waiver of the right
of detention with good conduct time allowance: to appeal.
Provided, however, That if the accused is absent without
justifiable cause at any stage of the trial, the court may “An order granting or denying probation shall not be
motu proprio order the re-arrest of the accused: appealable.”
Provided, finally, That recidivists, habitual delinquents,
escapees and persons charged with heinous crimes are
excluded from the coverage of this Act. In case the PROBATION; MAXIMUM TERM VS TOTAL TERM
maximum penalty to which the accused may be In order to apply or to be eligible for probation, only the
sentenced is destierro, he shall be released after thirty maximum term for each sentence is determined and not
(30) days of preventive imprisonment." (As amended by the totality of all the sentences.
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PROBATION LAW; NOT QUALIFIED any class of crimes persons who are
Disqualified Offenders. — The benefits of this Decree guilty of political
shall not be extended to those: offenses
“a. sentenced to serve a maximum term of imprisonment Pardon looks forward Looks backwards and
of more than six (6) years; and relieves the abolishes and puts
“b. convicted of any crime against the national security; offender from the into oblivion the
“c. who have previously been convicted by final imposition of the offense itself and the
judgment of an offense punished by imprisonment of penalty but does not person stands before
more than six (6) months and one (1) day and/or a fine work for the the law as though he
of more than one thousand pesos (P1,000.00); restoration of the had committed no
“d. who have been once on probation under the rights to hold public crime
provisions of this Decree; and office, or the right of
“e. who are already serving sentence at the time the suffrage, and other Hence, the accused
substantive provisions of this Decree became applicable vestiges of the crime is not considered a
pursuant to Section 33 hereof.” (like moral turpitude) recidivist (US vs.
unless expressly Francisco, 10 Phil.
SUSPENSION OF SENTENCE; ADULTS/MINORS remitted in the pardon) 185).
RELEVANT PROVISIONS OF RA 9344
SEC. 38. Automatic Suspension of Sentence. - Once
the child who is under eighteen (18) years of age at the RESCRIPTION OF CRIME; COMMENCEMENT
time of the commission of the offense is found guilty of The period of prescription shall commence to run from
the offense charged, the court shall determine and the day on which the crime is discovered by the offended
ascertain any civil liability which may have resulted from party, the authorities, or their agents, and shall be
the offense committed. However, instead of pronouncing interrupted by the filing of the complaint or information,
the judgment of conviction, the court shall place the child and shall commence to run again when such
in conflict with the law under suspended sentence, proceedings terminate without the accused being
without need of application: Provided, however, That convicted or acquitted, or are unjustifiably stopped for
suspension of sentence shall still be applied even if the any reason not imputable to him.
juvenile is already eighteen years (18) of age or more at The term of prescription shall not run when the offender
the time of the pronouncement of his/her guilt. is absent from the Philippine Archipelago.
Upon suspension of sentence and after considering the
various circumstances of the child, the court shall PRESCRIPTION IN RELATION TO “CONSTRUCTIVE
impose the appropriate disposition measures as NOTICE RULE”
provided in the Supreme Court Rule on Juveniles in When the forged Deed of Sale is registered with the
Conflict with the Law. ROD, prescription begins to run from the time of its
registration. Registration is a constructive notice to the
SEC. 39. Discharge of the Child in Conflict with the whole world of dealings affecting the land (Cabral vs.
Law. - Upon the recommendation of the social worker Puno, 70 SCRA 597).
who has custody of the child, the court shall dismiss the This presumption may not be rebutted by evidence
case against the child whose sentence has been of good faith on the part of the offended party who
suspended and against whom disposition measures had no knowledge of the registration (Gatioan vs.
have been issued, and shall order the final discharge of Gaffud, 27 SCRA 706).
the child if it finds that the objective of the disposition
measures have been fulfilled. CAREFUL: Constructive Notice Rule is not applicable in
The discharge of the child in conflict with the law shall Bigamy case. Prescription begins to run only upon the
not affect the civil liability resulting from the commission discovery of the bigamous marriage NOT from the time it
of the offense, which shall be enforced in accordance is registered with the Local Civil Register. (Sermonia vs.
with law. CA, 233 SCRA 155 [1994]). Reason: The registration of
the marriage is not for the validity of the marriage.
EXTINCTION OF CRIMINAL LIABILITY
FELONIES (RPC) - filing of complaint in the prosecutor’s
AMNESTY VS. PARDON office tolls the prescriptive period.
PARDON AMNESTY
Proclamation by the SPECIAL LAW crimes – filing of complaint in the
Pardon is granted by Chief Executive and prosecutor’s office tolls the prescriptive period (DOJ vs.
the Chief Executive concurrence of Panaguiton)
Congress
Must be pleaded and Need not be alleged Violation of Ordinance – filing of complaint in court tolls
proved (private act of and proved (public the prescriptive period (Zaldivia vs. Reyes) Act 3326
the president) act which the courts
can take judicial PRESCRIPTION OF PENALTY
notice) The period of prescription of penalties shall commence
Can be granted to run from the date when the culprit should evade the
Pardon is granted only generally at any time service of his sentence, and it shall be interrupted if the
after final conviction even before defendant should give himself up, be captured, should
prosecution is go to some foreign country with which this Government
commenced or after has no extradition treaty, or should commit another
conviction crime before the expiration of the period of prescription
Generally available to Generally granted to
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b. To deprive the Chief Executive or 3. Proposes its execution to some other person/s.
Congress, wholly or partially, of any of their
powers or prerogatives. COUP D’ ETAT
ELEMENTS:
1. Offender is a person or persons belonging to the
military or police or holding any public office or
REBELLION INSURRECTION employment;
Employed in reference to 2. That it is committed by means of a swift attack
a movement which seeks accompanied by violence, intimidation, threat,
Object is completely to merely to effect some strategy or stealth;
overthrow and supersede change of minor 3. That the attack is directed against duly
the existing government importance, or to prevent constituted authorities of the Republic of the
the exercise of Philippines or any military camp or installation,
governmental authority communication networks, public utilities or other
with respect to particular facilities needed for the exercise and continued
matters or subjects. possession of power;
4. That the purpose of the attack is to seize or
diminish state power.
Actual clash of arms with the forces of the
government is not necessary to convict the accused NOTE: This crime is punishable only when not
who is in conspiracy with others actually taking up successful. If the offenders succeeded, there is no more
arms against the government (P. vs. Cube, CA 46 prosecution. The perpetrators are now possessing
OG 4412). powers of the government.
Purpose of the uprising must be shown. Without
evidence to indicate the motive or purpose, mere DIRECT ASSAULT
rising publicly is not rebellion (US vs. Constantino, 2 TWO WAYS OF COMMITTING DIRECT ASSAULT:
Phil. 693). 1. Without a public uprising, shall employ force or
It is not necessary that the purpose of rebellion be intimidation for the attainment of any of the purpose
accomplished. The reason is obvious, if the rebels enumerated in defining the crimes of rebellion and
succeed, there are no rebellion to speak of anymore, sedition.
the rebels will gain power. They will instead be
treated as heroes. ELEMENTS:
1) Offender employs force or intimidation;
2) That the aim of the offender is to attain any of
the purposes of the crime of rebellion or any of
REBELLION TREASON the objects of sedition;
Levying of war is 3) That there is no public uprising.
committed in peace time Levying of war is
(Philippines is not at war committed in war time 2. Shall attack, employ force, or seriously intimidate or
with foreign power) resist any person in authority or any of his agents,
Purpose is generally to Purpose is to deliver the while engaged in the performance of official duties,
overthrow the country to foreign enemy or on occasion of such performance.
government
Rebellion always involve Treason may be ELEMENTS:
taking of arms committed by mere 1) Offender—
adherence, giving aid or (a) Makes an attack,
comfort (b) Employs force,
Two-witness rule does Two- witness rule applies (c) Makes serious intimidation,
not apply (d) Makes serious resistance.
Giving aid and comfort is not punishable in 2) Person assaulted is a person in authority or his
rebellion. agent.
If no public uprising, the crime is direct assault, in the Note: The attack must during the
first form (art. 148). incumbency of the public officer in a public
office. Thus, it must not be after his
CONSPIRARY or PROPOSAL TO COMMIT retirement.
REBELLION
ELEMENTS OF CONSPIRACY: 3) At the time of the assault the person in authority
1. Two or more persons come to an agreement to or his agent—
rise publicly and take up arms against the a. Is engaged in the performance of his duties
government; (motive is not essential); or
2. For any purposes of rebellion b. Is assaulted by reason of the past
3. They decided to commit it. performance of official duties (motive is
essential).
ELEMENTS OF PROPOSAL:
1. A person who has decided to rise publicly and 4) The offender knows that the one he is assaulting
take up arms against the government; is a person in authority or his agent in the
2. For any of the purposes of rebellion; and exercise of his duties (must be alleged in the
information).
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left the accused, is falsification of public document truth of the facts narrated by him;
(US vs. Corral, 15 Phil. 383). 3) That the facts narrated by the offender is
absolutely false; and
Whether the accused is a public officer/employee or 4) That the perversion of truth in the narration of
a private individual, good faith is a defense in the facts was made with the wrongful intent of
rd
crime of falsification of public/official document. injuring 3 persons.
The settled doctrine is that in falsification of a There must be narration of facts, not conclusion
public/official document whether committed by a of law. Hence, if in the certificate of candidacy,
public officer or a private individual, DAMAGE or the candidate stated that he is qualified to run
PREJUDICE is not an essential element. but in truth and in fact is not, said person is not
THE DIFFERENT MODES OF FALSIFYING A guilty of falsification under this par. The
DOCUMENT: statement is a mere conclusion of law (P. vs.
Yanza, GR NO. L-12089, April 29, 1960).
1. Counterfeiting or imitating (feigneing) any
handwriting, signature or rubric There must be a legal obligation on the part of
the accused to disclose the truth. It means that
Requisites: there is a law requiring the disclosure of the truth
1) That there be an intent to imitate, or an attempt of the facts narrated (P. vs. Quasha, 93 Phil.
to imitate; and 333). Like a residence certificate.
2) The two handwritings, the genuine and the
forged, bear some resemblance to each other The defendant must be aware that the facts
(US vs. Rampas, 26 Phil. 189). narrated by him are false (US vs. Gonzaga, 14
Phil. 562).
When any of the requisites of counterfeiting
(lack of similarity) is not present, he accused The narration of facts must be absolutely false.
may be found guilty under par. 2 (US vs. Hence, if some of the narrations are true, there
Freimuth, 3 Phil. 318). is no false narration of facts. Example is
certifying that persons under his charge fully
2. Causing it to appear that persons have worked for the whole day, but in truth, have
participated in any act or proceeding when they did worked only for a few hours (US vs. Bayot, 10
not in fact so participate Phil. 518).
The imitation of the signature of the offended This kind of falsification can be committed by
party is not necessary under this par. (P. vs. omission (P. vs. Dizon, 47 Phil. 350).
Llave, CA, 40 OG 1908).
Compelling another to sign a document ceding a Issuance of a post-dated check is not
portion of land, by means of violence or falsification (P. vs. Yanza, Supra).
intimidation, is not falsification of a public
document but is a crime under art. 298, RPC.
5. Altering true dates;
3. Attributing to persons who have participated in an
act or proceeding statements other than those in Date must be essential.
fact made by them; Dates of birth, marriage and death are essential,
because without them the documents cannot
Requisites: produce any legal effect (Albert)
1) That a person or persons participated in an act Comment: These dates are essential for some
or a proceeding; rights may be defendant on them in order to
2) That such person or persons made statements determine when such right is vested.
in that act or proceeding; and
3) That the offender, in making a document, Example:
attributed to such person or persons, 1) Date of death—determines when is
statements other than those in fact made by successional right is vested.
such person/s. 2) Date of marriage may be determinative
of guilt of the accused in a bigamy case.
4. Making untruthful statements in a narration of 3) Birth determines personality.
facts;
Alteration must affect the veracity of the
Requisites: document or effects.
1) That the offender makes in a document Altering dates in official receipts to prevent the
statements in a narration of facts; discovery of malversation is falsification.
2) That he has a legal obligation to disclose the
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6. Making any alteration or intercalation in a genuine 4. That the sworn statement or affidavit containing
document which changes its meaning; the falsity is required by law (P. vs. Bautista, CA,
40 OG 2491).
Requisites:
1) That there be an alteration (change) or CRIMES COMMITTED BY PUBLIC OFFICER
intercalation (insertion) on a document; PUBLIC OFFICERS
2) That it was made on a genuine REQUISITES:
document; To be a public officer, one must be—
3) That the alteration or intercalation has 1. Taking part in the performance of public
changed the meaning of the document; functions in the Government, or Performing is
and said government or any of is branches public
4) That the change, made the document duties as an employee, agent or subordinate
speak of something false. official, of any rank or class; and
2. That his authority to take part in the performance
Alteration which speaks the truth is not of public functions or to perform public duties
falsification. Hence, the alteration in the personal must be—
cedula of age from 23 to 25, it appearing that the a. Be direct provision of the law; or
real age of the accused was really 25, is not b. By popular election; or
falsification (US vs. Mateo, 25 Phil. 324). c. By appointment by competent authority.
Altering grades in examination papers involves
several acts of falsification. Hence, alteration of The term “public officers” embraces every public servant
grades by an employee of the SC, of the grades in from the highest to the lowest.
examination notebooks of a bar candidate One appointed as a laborer in the government is
constitutes: not a public officer (Maniego vs. P., 88 Phil.494).
1. Making alteration on genuine documents (par.
6); But temporary performance of public functions
2. Making it appear that the correctors had by a laborer makes him a public officer.
participated in blotting out the grades and writing
new increased grades opposite their initials(par.
2); MALFEASANCE Doing of an act which a public
3. Attributing to the correctors statements other officer should not have done
than those in fact made by them (par. 3). MISFEASANCE Improper doing of an act which
a public officer might lawfully do
7. Issuing in an authenticated form a document NON- Failure of the agent to perform
purporting to be a copy of an original document FEASANCE his undertaking for the principal
when no such original exists, or including in such a
copy a statement contrary to, or different from, that BRIBERY
of the genuine original ACTS PUNISHABLE IN BRIBERY:
1. By agreeing to perform, or by performing, in
The acts of falsification mentioned in this par. consideration of any offer, promise, gift or present—
Cannot be committed by a private individual or an act constituting a crime, in connection with the
by a notary public or a public officer who does performance of his official duties.
not take advantage of his official position
2. Accepting a gift in consideration of the execution of
an act which does not constitute a crime, in
FORGERY connection with the performance of his official
FORGERY COUNTERFEITING duties.
Applies to imitation of
treasury notes or 3. By agreeing to refrain, or by refraining, from doing
obligations and securities Refers to imitation or something which it is his official duty to do, in
issued by the Philippines falsifying of money consideration of gift or promise.
or foreign governments
acceptable in the ELEMENTS:
Philippines 1. That the offender is a public officer within the
scope of art. 203:
PERJURY 2. That the offender accepts an offer or a promise
TWO WAYS OF COMMITTING PERJURY: or receives a gift or present by himself or
1. Falsely testifying under oath; through another;
2. By making a false affidavit 3. That such offer or promise be accepted, or gift
or present received by the public officer—
ELEMENTS: a. With a view of committing some crime;
1. That the accused made a statement under oath b. In consideration of the execution of an
or executed an affidavit upon a material matter; act which does not constitute a crime,
2. That the statement or affidavit was made before but the act must be unjust; or
a competent officer, authorized to receive and c. To refrain from doing something which it
administer oath; is his official duty to do.
3. That in that statement or affidavit, the accused
made a willful and deliberate assertion of 4. That the act which the offender agrees to
falsehood; and perform or which he executes be connected with
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the performance of his official duties. That he was in connivance with the prisoner in the
latter’s escape (US vs. Bandino, 29 Phil. 459).
CORRUPTION OF PUBLIC OFFICIAL
ELEMENTS:
1. That the offender makes offers or promises or CRIMES AGAINST PERSONS
gives gifts or presents to a public officer; PARRICIDE
2. That the offers or promises are made or the gifts ELEMENTS:
or presents given to a public officer, under 1. That a person is killed;
circumstances that will make the public officer 2. That the deceased is killed by the accused;
liable for direct bribery or indirect bribery. 3. That the deceased is the father, mother, or child,
whether legitimate or illegitimate, or a legitimate
MALVERSATION other ascendant or other descendant, or
PUNISHABLE ACTS: legitimate spouse of the accused.
1. By appropriating public funds or property;
2. By taking or misappropriating the same; DEATH UNDER EXCEPTIONAL CIRCUMSTANCE
3. By consenting, or through abandonment or REQUISITES FOR APPLICATION:
negligence, permitting ay other person to take 1. That a legally married person or a parent
such public funds or property; surprises his spouse or his daughter, the latter
4. By being otherwise guilty of misappropriation or under 18 years old of age and living with him, in
malversation of such funds or property. the act of committing sexual intercourse with
another person;
2. That he or she kills any or both, of them or
ELEMENTS: (common to all acts) inflicts upon any or both of them any serious
1. That the offender be a public officer; physical injury in the act or immediately
2. That he had custody or control of funds or thereafter;
property by reason of the duties of his office; 3. That he has not promoted or facilitated the
3. That those funds or property were public funds prostitution of his wife or daughter, or that he
or property for which he was accountable; or she has not consented to the infidelity of
4. That he appropriated, took, misappropriated or the other spouse.
consented or, through abandonment or
negligence, permitted another person to take
them. MURDER
ELEMENTS:
TECHNICAL MALVERSATION 1. That a person was killed;
ELEMENTS: of TECHNICAL MALVERSATION 2. That the accused killed him;
1. The offender is a public officer; 3. That the killing was attended by any of the
2. That there is a public fund of property under his qualifying circumstances mentioned in art. 248;
administration; 4. That the killing is not parricide or infanticide.
3. That such public fund or property has been
appropriated by law or ordinance;
4. That he applies the same to a public use other HOMICIDE
than that for which such fund or property has ELEMENTS:
been appropriated by law or ordinance. 1. That a person is killed;
2. That the accused killed him without any
MALVERSATION TECHNICAL justifying circumstance;
MALVERSATION 3. That the accused had the intention to kill, which
Offenders are both public officers is presumed;
The offender in certain The offender does not 4. That the killing is not murder, parricide, or
cases profits from the derive any personal infanticide.
proceeds of the crime gain or profit
TUMULTOUS AFFRAY
MALVERSATION TECHNICAL ELEMENTS:
MALVERSATION 1. That there be several persons;
Offenders are both public officers 2. That they did not compose of groups organized
The offender in certain The offender does not for the common purpose of assaulting and
cases profits from the derive any personal attacking each other reciprocally;
proceeds of the crime gain or profit 3. That these several persons quarreled and
The fund or property is Property or fund is assaulted one another in a confused and
used for the benefit of used to some other tumultuous manner;
the offender or some public purpose 4. That someone is killed in the course of the
other person affray;
The person killed need not be participant in
INFIDELITY IN CUSTODY OF PRISONERS the affray.
ELEMENTS:
1. That the offender is a public officer; 5. That it cannot be ascertained who actually killed
2. That he has in his custody or charge, a prisoner, the deceased;
either detention or a prisoner by final judgment; 6. That the person or persons who inflicted serious
3. That such prisoner escaped from his custody; physical injuries or who used violence can be
identified.
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5. That the imputation must tend to cause the (g) Entering, on behalf of the Government, into
dishonor, discredit or contempt of the person any contract or transaction manifestly and
defamed. grossly disadvantageous to the same, whether
LIBEL or not the public officer profited or will profit
Libel is defamation in writing. See above elements. thereby.
(h) Directly or indirectly having financial or
SPECIAL LAWS pecuniary interest in any business, contract or
transaction in connection with which he
ANTI-CARNAPPING RA 6539 intervenes or takes part in his official capacity, or
"Carnapping" is the taking, with intent to gain, of a in which he is prohibited by the Constitution or
motor vehicle belonging to another without the latter's by any law from having any interest.
consent, or by means of violence against or intimidation (i) Directly or indirectly becoming interested, for
of persons, or by using force upon things personal gain, or having a material interest in
any transaction or act requiring the approval of a
RA.3019 ANTI-GRAFT AND CORRUPT PRACTICES board, panel or group of which he is a member,
Section 3. Corrupt practices of public officers. In and which exercises discretion in such approval,
addition to acts or omissions of public officers already even if he votes against the same or does not
penalized by existing law, the following shall constitute participate in the action of the board, committee,
corrupt practices of any public officer and are hereby panel or group.
declared to be unlawful: Interest for personal gain shall be presumed
(a) Persuading, inducing or influencing another against those public officers responsible for the
public officer to perform an act constituting a approval of manifestly unlawful, inequitable, or
violation of rules and regulations duly irregular transaction or acts by the board, panel
promulgated by competent authority or an or group to which they belong.
offense in connection with the official duties of (j) Knowingly approving or granting any license,
the latter, or allowing himself to be persuaded, permit, privilege or benefit in favor of any person
induced, or influenced to commit such violation not qualified for or not legally entitled to such
or offense. license, permit, privilege or advantage, or of a
(b) Directly or indirectly requesting or receiving mere representative or dummy of one who is not
any gift, present, share, percentage, or benefit, so qualified or entitled.
for himself or for any other person, in connection (k) Divulging valuable information of a
with any contract or transaction between the confidential character, acquired by his office or
Government and any other party, wherein the by him on account of his official position to
public officer in his official capacity has to unauthorized persons, or releasing such
intervene under the law. information in advance of its authorized release
(c) Directly or indirectly requesting or receiving date.
any gift, present or other pecuniary or material The person giving the gift, present, share, percentage or
benefit, for himself or for another, from any benefit referred to in subparagraphs (b) and (c); or
person for whom the public officer, in any offering or giving to the public officer the employment
manner or capacity, has secured or obtained, or mentioned in subparagraph (d); or urging the divulging
will secure or obtain, any Government permit or or untimely release of the confidential information
license, in consideration for the help given or to referred to in subparagraph (k) of this section shall,
be given, without prejudice to Section thirteen of together with the offending public officer, be punished
this Act. under Section nine of this Act and shall be permanently
(d) Accepting or having any member of his or temporarily disqualified in the discretion of the Court,
family accept employment in a private enterprise from transacting business in any form with the
which has pending official business with him Government.
during the pendency thereof or within one year
after its termination. PLUDNER LAW
(e) Causing any undue injury to any party, Any public officer who, by himself or in connivance with
including the Government, or giving any private members of his family, relatives by affinity or
party any unwarranted benefits, advantage or consanguinity, business associates, subordinates or
preference in the discharge of his official other persons, amasses, accumulates or acquires ill-
administrative or judicial functions through gotten wealth through a combination or series of overt or
manifest partiality, evident bad faith or gross criminal acts as described in Section 1(d) hereof, in the
inexcusable negligence. This provision shall aggregate amount or total value of at least Fifty million
apply to officers and employees of offices or pesos (P50,000,000.00), shall be guilty of the crime of
government corporations charged with the grant plunder and shall be punished by reclusion perpetua to
of licenses or permits or other concessions. death
(f) Neglecting or refusing, after due demand or
request, without sufficient justification, to act ANTI-HAZING LAW
within a reasonable time on any matter pending Mere presence in the place were hazing is being
before him for the purpose of obtaining, directly conducted is enough to convict the accused as a
or indirectly, from any person interested in the principal (Anti-Hazing law). This is an exception to the
matter some pecuniary or material benefit or rule that mere presence in the scene of the crime is not
advantage, or for the purpose of favoring his sufficient to establish conspirary.
own interest or giving undue advantage in favor
of or discriminating against any other interested RA.7610 ANTI-CHILD ABUSE LAW
party. "Child abuse" refers to the maltreatment, whether
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habitual or not, of the child which includes any of the vs. DANGEROUS DRUGS BOARD and PHILIPPINE
following: DRUG ENFORCEMENT AGENCY, G.R. No.
(1) Psychological and physical abuse, neglect, 158633,November 3, 2008)
cruelty, sexual abuse and emotional maltreatment;
(2) Any act by deeds or words which debases, Only those who violate RA9165 can be required to
degrades or demeans the intrinsic worth and undergo mandatory drug test.
dignity of a child as a human being;
(3) Unreasonable deprivation of his basic needs for ILLEGAL POSSESSION OF FIREARM RA.8294 AS
survival, such as food and shelter; or AMENDED BY RA.10591
(4) Failure to immediately give medical treatment to If illegal possession of firearm is not an inherent element
an injured child resulting in serious impairment of his of the crime and it is used to commit a crime under the
growth and development or in his permanent Revised Penal Code, the following should be observed:
incapacity or death. A) If penalty provided by the RPC is higher
compared to the illegal possession of firearm,
DANGEROUS DRUGS ACT the latter is considered only as aggravating
Note: In sum, what can reasonably be deduced from the circumstance;
above two cases and applied to this jurisdiction are: (1) B) If penalty provided by the RPC is equal to the
schools and their administrators stand in loco parentis penalty of illegal possession of firearm, the
with respect to their students; (2) minor students have penalty of illegal possession shall be imposed in
contextually fewer rights than an adult, and are subject addition to the penalty of the crime under RPC;
to the custody and supervision of their parents, C) If penalty provided by the RPC is lesser to the
guardians, and schools; (3) schools, acting in loco penalty of illegal possession of firearm, the
parentis, have a duty to safeguard the health and well - penalty for illegal possession shall be imposed.
being of their students and may adopt such measures as
may reasonably be necessary to discharge such duty; RA. 9262
and (4) schools have the right to impose conditions on Under Republic Act 9262 (Anti- Violence Against
applicants for admission that are fair, just, and non- Women and Their Children Act of 2004), victim-survivors
discriminatory. who are found by the Courts to be suffering from
Guided by Vernonia and Board of Education, the Court Battered Woman Syndrome (BWS) do not incur any
is of the view and so holds that the provisions of RA criminal or civil liability despite absence of the necessary
9165 requiring mandatory, random, and suspicionless elements for the justifying circumstance of self-defense
drug testing of students are constitutional. Indeed, it is in the RPC. BWS is a scientifically defined pattern of
within the prerogative of educational institutions to psychological and behavioral symptoms found in women
require, as a condition for admission, compliance with living in battering relationships as a result of cumulative
reasonable school rules and regulations and policies. To abuse.
be sure, the right to enroll is not absolute; it is subject to
fair, reasonable, and equitable requirements (Social "Battered Woman Syndrome" refers to a scientifically
Justice Society vs. Dangerous Drugs Board and PDEA, defined pattern of psychological and behavioral
GR No. 57870 November 3, 2008). symptoms found in women living in battering
“Chain of Custody” requirement in drug offense refers relationships as a result of cumulative abuse.
to the duly recorded, authorized movement and custody
of seized dangerous drugs, controlled chemicals, plant Violence against women and their children" refers to
sources of dangerous drugs, and laboratory equipment any act or a series of acts committed by any person
of dangerous drugs from the time confiscation/seizure against a woman who is his wife, former wife, or against
thereof from the offender, to its turn-over and receipt in a woman with whom the person has or had a sexual or
the forensic laboratory for examination to its safekeeping dating relationship, or with whom he has a common
and eventual presentation/offer in court as evidence of child, or against her child whether legitimate or
the criminal violation, and for destruction (Dangerous illegitimate, within or without the family abode, which
Drugs Board Regulation No. 1 Series of 2002). Its result in or is likely to result in physical, sexual,
rationale is to preserve the authenticity of the corpus psychological harm or suffering, or economic abuse
delicti or body of the crime by rendering it improbable including threats of such acts, battery, assault, coercion,
that the original item seized/confiscated in violation has harassment or arbitrary deprivation of liberty.
been exchanged or substituted with another or tampered
with or contaminated. It is a method of authenticating the “Believe that all your dreams will come true. You will
evidence as would support a finding beyond reasonable be rewarded of your hardwork and devotion by the
doubt that the matter is what the prosecution claims to will of the Greatest, the Supreme and Divine.”
be. Failure to observe the „chain of custody” requirement
renders the evidence questionable, not trustworthy and -Atty. Genesis M. Auza
insufficient to prove the corpus delicti beyond reasonable
doubt.