Criminal Law II Table Comparing Crimes

With good will render service, as to the Lord, and not to men ~ Ephesians 6:7

CRIMINAL LAW II FINAL EXAMS (2012-2013) Gutierrez Tan

Infanticide Parricide Murder Homicide 1. That a child was

killed;

1. That a person is killed;

1. That a person was killed; 1. That a person was killed;

2. That the accused killed the child.

2. That the deceased is killed by the accused;

2. That the accused killed him;

2. That the accused killed him without any justifying circumstances;

3. That the deceased child was less than three days (72 hours) of age; and

3. That the deceased is:

a. father, mother, or

b. child, whether l eg i timate or i l l egi t im ate

c. legitimate other ascendant or other descendant, or

d. legitimate spouse of the accused

3. That the killing was attended by any of the following qualifying circumstances:

a. with treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense or of means or persons to insure or afford impunity,

b. in consideration of price, reward or promise, c. by means of inundation, fire, poison, explosion,

shipwreck, stranding of vessel, derailment or assault upon a railroad, fall of an airship, by means of motor vehicles or with the use of any other means involving great waste or ruin,

d. on occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic or any other public calamity,

e. with evident premeditation, or f. with cruelty, by deliberately and inhumanly

augmenting the suffering of the victim or outraging or scoffing at his person or corpse;

3. That the accused had the intention to kill, which is presumed; and

4. The killing is not parricide or infanticide.

4. That the killing was not attended by any of the qualifying circumstances of murder, or by that of parricide or infanticide.

Infanticide Abortion 1. Could sustain an independent Life, after its separation from the

maternal womb 1. Did not have its own life, independently of the mother; could not

subsist by itself, outside the maternal womb. (Less than or around 6 months old.)

2. Child is killed 2. Child is killed.



Discharge of Firearm Frustrated Homicide Physical Injuries 1. That the offender discharges a firearm

against or at another person; and

1. The victim sustained fatal or mortal wound/s but did not die because of timely medical assistance;

1. The victim sustained physical injuries

2. That the offender has no intention to kill that person.

2. The accused intended to kill his victim; 2. The accused had no intent to kill

3. None of the qualifying circumstance for murder under Article 248 RPC is present

Intentional Abortion Unintentional Abortion Abortion practiced by the woman herself or by

her parents. 1. That there is a pregnant woman; 1. That there is a pregnant woman; 1. That there is a pregnant woman who has

suffered an abortion; 2. That violence is exerted, or drugs or

beverages administered, or that the accused otherwise acts upon such pregnant woman;

2. That violence is used upon such pregnant woman without intending an abortion;

2. That the abortion is caused by a. the pregnant woman herself b. any other person, with her consent, c. any of her parents, with her consent for

the purpose of concealing her dishonor.

3. That as a result of the use of violence or drugs or beverages upon her, or any other act of the accused, the fetus dies, either in the womb or after having been expelled therefrom.

3. That as a result of the violence the fetus dies, either in the womb or after having been expelled therefrom.

4. That the abortion is intended. 4. the violence is intentionally exerted; 3. That the abortion is intended;

Death caused in a tumultuous affray. Physical injuries inflicted in a tumultuous affray. 1. That there be several persons; 1. That there is a tumultuous affray as referred to in the preceding

article;

2. That they did not compose groups organized for the common purpose of assaulting and attacking each other reciprocally;

3. That these several persons quarreled and assaulted one another in a confused and tumultuous manner;

4. That someone was killed in the course of the affray; 2. That a participant or some participants thereof suffers serious physical injuries or physical injuries of a less serious nature only;

5. That it cannot be ascertained who actually killed the deceased; 3. That the person responsible therefor cannot be identified; and 6. That the person or persons who inflicted serious physical injuries or

who used violence can be identified. 4. That all those who appear to have used violence upon the person of

the offended party are known



Mutilation Administering injurious substances

or beverages.

Serious physical injuries. Less serious physical injuries.

Slight physical injuries and maltreatment.

1. There must be castration, that is, mutilation of organs necessary for generation, such as the penis or ovarium;

1. The offender inflicted upon another any serious physical injury;

When the injured person becomes insane, imbecile, impotent or blind in consequence of the physical injuries inflicted.

1. Any person who shall inflict upon another physical injuries not described in the preceding articles

1. Ill-treat Another by deed without causing any injury.

2. The mutilation is caused purposely and deliberately, that is, to deprive the offended party of some essential organ for reproduction.

2. It was done by knowingly administering to him any injurious substance or beverage by taking advantage of his weakness of mind or credulity;

When the injured person a. Loses the use of speech or the power

to hear or to smell, or loses an eye, a hand, a foot, an arm, or a leg;

b. Loses the use of any such member; or c. Becomes incapacitated for the work in

which he was therefore habitually engaged, in consequence of the physical injuries inflicted;

2. Physical injuries which do not prevent the offended party from engaging in his habitual work nor require medical assistance

3. He had no intent to kill.

When the person injured: a. Becomes deformed; or b. Loses any other member of his body;

or c. Loses the use thereof; or d. Becomes ill or incapacitated for the

performance of the work in which he was habitually engaged for more than 90 days in consequence of the physical injuries inflicted;

When the injured person becomes ill or incapacitated for labor for more than 30 days (but must not be more than 90 days), as a result of the physical injuries inflicted.

2. Shall incapacitate the offended party for labor for ten days or more, or shall require medical assistance for the same period

3. Physical injuries which shall incapacitate the offended party for labor from one to nine days, or shall require medical attendance during the same period



Maltreatment Slander by Deed 1. Any physical violence which does not produce injury (such as slapping

the face of the party). 1. That the offender performs any act not included in any other crime

against honor (such as slapping the face of the party). 2. May or may not be done in the presence of others. 2. That such act is performed in the presence of other person or

persons. 3. Without causing dishonour 3. That such act casts dishonor, discredit or contempt upon the offended

party.

Robbery with Violence or Intimidation

Occupation of Real Property or Usurpation of Real Rights

Estafa by wrongfully taking by the owner his personal property from

its lawful possessor

Execution of deeds by means of Violence or

Intimidation

Grave Coercion

1. That there be (1) personal property (2) belonging to another;

1. That the offender takes possession of any real property or usurps any real rights in property.

1. That property is in the lawful possession of another.

2. That the offender compels him to sign, execute or deliver any public instrument or document.

1. That a person prevented another from doing something not prohibited by law, or that he compelled him to do something against his will, be it right or wrong;

2. That there is (3) unlawful taking of that property;

2. That the real property or real rights belong to another

2. That the offender is the owner of personal property

3. That the person that restrained the will and liberty by another had not the authority of law or the right to do so, or, in other words, that the restraint shall not be made under authority of law or in the exercise of any lawful right.

3. That the taking must be (4) with intent to gain; and

3. That there is intent to gain.

3. That prejudice is thereby cause to the possessor or third person

4. That the offender has intent to defraud another.

*Absence of intent to gain.

4. That there is (5) violence against or intimidation of any person.

4. That violence against or intimidation of persons is used by the offender in occupying real property or usurping real rights in property.

4. That the offender wrongfully takes it from its lawful possessor [without violence or intimidation]

5. That the compulsion is by means of violence or intimidation.

3. That the prevention or compulsion be effected by violence, threats or intimidation;



Robbery in General Estafa Malversation 1. Anyone who appropriates something through

force or intimidation. 1. A private individual who appropriates or

misappropriates something 1. A public officer in his official capacity who

appropriates or misappropriates something 2. Unlawful taking 2. Taking was lawful, the unlawful

misappropriation was subsequent to taking 2. Taking was lawful, the unlawful

misappropriation was subsequent to taking Occupation of Real Property or Usurpation of

Real Rights Robbery in General Theft

1. Real property or real rights belong to another

1. That there be personal property 1. Taking of personal property 2. belonging to another 2. Belongs to another

2. Takes possession of any real property or usurps any real rights in property

3. unlawful taking of that property 3. Without consent of the owner

3. With intent to gain 4. with intent to gain 4. With intent to gain 4. violence against or intimidation of

persons is used to occupy or usurp. 5. there is violence against or intimidation of

any person. 5. Taking accomplished without the use of

violence against or intimidation of persons or force upon things.

Robbery with Intimidation Threats to Extort Money

1. Purpose is to Gain. 1. Purpose is to Gain. 2. Gain is immediate 2. Gain is not immediate. 3. Intimidation is actual and immediate 3. Intimidation is Conditional and Future 4. Intimidation is directed only to the person of the victim 4. Intimidation may refer to the person, honor, or property of the

offended party or that of his family.

Attempted Robbery with Force upon Things (Entrance) Attempted Trespass to Dwelling 1. Force is used to enter. 1. Force is used to enter. 2. Intent to rob 2. No such intent.

Robbery in General Bribery 1. Victim DID NOT commit a crime when he is intimidated with arrest

and/or prosecution to deprive him of his personal property. 1. Victim HAS committed a crime and gives money or gift to avoid arrest

or prosecution. 2. Victim is deprived of his money or property by force or intimidation. 2. Victim parts with his money or property in a sense voluntarily.



Robbery with Force upon things (Taking away a receptacle)

Estafa Theft

1. Locked Receptacle is taken 1. Locked Receptacle is confided into his custody

1. Locked Receptacle is found on the street

2. Intends to open it by force outside 2. Opens it by force 2. Opens it by force 3. Intent to gain 3. Takes the contents therein 3. Takes the contents therein.

Brigandage Robbery in a Band

1. There be at least four armed persons 1. There be at least four armed persons 2. They formed a band of robbers 2. They formed a band of robbers 3. The purpose is any of the following:

a. To commit robbery in the highway; or b. To kidnap persons for the purpose of extortion or to obtain

ransom; or c. To attain by means of force and violence any other purpose.

3. The purpose is only to commit robbery, not necessarily in the highway.

*Mere formation of a band for any of the purposes mentioned is sufficient.

*Band was have actually committed robbery.

Qualified Theft Arson Estafa

1. Motor vehicle is taken with intent to gain 1. Motor vehicle is taken to prevent or delay immediate discovery

1. Motor Vehicle is subsequently sold.

2. Purpose is to acquire for himself; subject to his dominion; or disposing it for gain or profit

2. Purpose is to damage or destroy it. 2. Motor Vehicle was entrusted to him by its owner.

Occupation of Real Property or Usurpation of Real Rights Grave Coercion

1. Offender is not the owner 1. Offender is the owner 2. Offended party was the owner or possessor 2. Offended party was mere possessor 3. Violence or intimidation was used to take possession of the land 3. Violence or intimidation was used to take possession of the land

Theft Estafa 1. Acquires Material Possession 1. Acquires Juridical Possession 2. Upon delivery of the thing, the owner expects immediate return. 2. No expectation of immediate return but under obligation or

agreement to return it or keep it safe for some time.



Estafa with Unfaithfulness Estafa by altering the quality, fineness or weight of anything pertaining to his art or business.

1. That the offender has an onerous obligation to DELIVER something of value

1. The item pertains to his art or business.

2. That he alters its substance, quantity, or quality 2. That he alters its substance, quantity, or quality 3. That damage or prejudice is caused to another 3. That damage or prejudice is caused to another

Estafa with Abuse of Confidence Malversation 1. Entrusted with funds or property 1. Entrusted with funds or property 2. Continuing offense 2. Continuing offense 3. Funds or Property are Private 3. Funds or Property are usually public 4. Offender is Private Individual or Public Officer in his private capacity 4. Offender is Public Officer accountable for public funds or property 5. Committed by Misappropriating, Converting, or denying having

received. 5. Committed by Appropriating, taking or Misappropriating or

consenting, or through abandonment or negligence, permitting any other person to take the public funds or property. Converting, or denying having received.

Estafa by removing, concealing or destroying, in whole or in part, any court record, office files,

document or any other papers.

Infidelity in the custody of documents (Removal, concealment or destruction of documents)

Malicious Mischief

*Offender is a private individual or a public officer not entrusted with custody

1. That the offender is a public officer *Offender is a private individual or a public officer in his private capacity

1. That there be court record, office files, documents or any other papers

2. That the said documents or papers should have been entrusted to such public officer by reason of his office.

*Any property

3. That the offender removed, concealed, or destroyed any of them

3. That he abstracts, destroys, or conceals documents or papers

1. That the act of damaging anothers property be committed merely for the sake of damaging it.

4. That the offender had intent to defraud another

*Intent to defraud is not required 2. That the act of damaging anothers property be committed merely for the sake of damaging it. (hate, revenge or evil motive)

*Damage results 4. That damage, whether serious or not, to a third party or to the public interest should have been caused.

3. That such act does not constitute arson or other crimes involving destruction.



Estafa by postdating a check or issuing a check in payment of an obligation Bouncing Check Law (B.P. blg 22) 1. That the offender postdated a check, or issued a check in payment of

an obligation 1. That a person makes or draws and issues any check. 2. That the check is made or drawn and issued to apply on account or for

value. 2. That such postdating or issuing a check was done when the offender

had no funds in the bank, or his funds deposited therein were not sufficient to cover the amount of the check

3. That the person who makes or draws and issues the check knows at the time of issue that he does not have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment.

4. That the check is subsequently dishonored by the drawee bank for insufficiency of funds or credit, or would have been dishonored for the same reason had not the drawer, without any valid reason, ordered the bank to stop payment.

*Knowledge is immaterial. Mere fact of issuing a check when he had insufficient funds is punished

*Knowledge is material. Offender must have known that he had insufficient funds

**Prima facie evidence: failure to pay the holder or deposit necessary amount within 3 days from receipt of notice of dishonour or insufficiency of funds.

**Prima facie evidence: Knowledge of insufficiency is presumed unless he pays the holder or deposits necessary amount within 5 days from receipt of notice of dishonour or insufficiency of funds.

***Deceit is an element ***Deceit is not an element ****Damage is an element; basis of penalty ****Damage is not an element, penalty is fixed

Estafa by taking undue advantage of the signature of the offended party in blank

Estafa by inducing another to sign any document

1. Offended party personally signs the document 1. Offended party personally signs the document 2. Document was in blank when it was signed 2. Document was already drafted when it was signed 3. Signed document in blank was delivered to the offender 3. The signing was induced by the offender through deceit. 4. Damage is caused the offended party or a third person 4. That prejudice be caused

Estafa by conveying, selling, encumbering, or mortgaging any real property, pretending to be the owner of the same

Estafa by falsely pretending to possess property

1. That the thing be immovable, such as a parcel of land or a building 1. Property involved is either real or personal 2. That the offender should have executed an act of ownership (selling,

leasing, encumbering or mortgaging the real property). 2. Falsely pretending to possess it WITHOUT executing an act of

dominion or ownership.



Estafa by disposing of real property as free from encumbrance, although such encumbrance be not recorded

Removal, sale or pledge of mortgaged property

1. Selling of a mortgaged property 1. Selling of a mortgaged property 2. Real property 2. Personal Property (or Real property mortgaged under Chattel

Mortgage Law) 3. Sufficient to constitute the crime if the property is sold AS FREE, even

though vendor may have obtained the consent of the mortgagee in writing.

3. What constitutes the crime is the mere failre to obtain the consent of the mortgagee in wrting, even if the offender should inform the purchases that thing sold is mortgaged.

4. Purpose of the law is to protect the purchaser/s 4. Purpose of the law is to protect the mortgagee.

Fraudulent Insolvency Estafa by executing any fictitious contract to the prejudice of another If the conveyance is real and made for a consideration If the conveyance is simulated

Qualified Malicious Mischief Sedition 1. Intent to obstruct the performance of public functions. 1. Intent to obstruct the performance of public functions. 2. Offenders do not rise publicly and tumultuously 2. Offenders rise publicly and tumultuously

Damage and obstruction to means of communication Crimes involving destruction 1. Railway is damaged 1. Railway is removed to cause destruction 2. Object is merely to cause damage. 2. Object is to cause destruction.

Kidnapping with Murder Murder 1. Specific Intent Crime 1. Specific Intent Crime 2. Main purpose was to kidnap 2. Main purpose was to kill 3. Killing was merely an afterthought or occurred during the course of the

detention 3. forcible taking of the victim was a preparatory act; incidental to

purpose

Unlawful Arrest Other Illegal Detention Delay in the delivery if detained persons to the proper judicial authorities

1. Purpose of locking up is to deliver to proper authorities

1. Purpose of locking up is to deprive liberty 1. Purpose of locking up is to deliver to proper judicial authorities

2. Detention is unlawful 2. Deprivation is unlawful 2. Detention is for some legal ground 3. Crime is committed by making an arrest not

authorized by law 3. Crime is committed by act of locking up with

some circumstance 3. Crime is committed by failing to deliver such

person within a certain period of time



Illegal Detention Arbitrary Detention Forcible Abduction 1. The offender is a private individual 1. That the offender is a public officer or

employee 1. That the person abducted is any woman,

regardless of her age, civil status, or reputation

2. He kidnaps or detains another, or in any other manner deprives the latter of his liberty

2. That he detains a person

2. That the abduction is against her will

3. The act of detention or kidnapping must be illegal 3. That the detention is without legal grounds 3. That the abduction is with lewd designs 4. In the commission of the offense, any of the

following circumstances is present: a. The kidnapping lasts for more than 3 days; b. It is committed simulating public authority; c. Any serious physical injuries are inflicted upon

the person kidnapped or detained or threats to kill him are made; or

d. The person kidnapped or detained is a minor (except when the accused is any of the parents), female or a public officer.

*No other circumstances necessary *No other circumstances necessary

Kidnapping and serious illegal detention Kidnapping and failure to return a minor

1. Punishes the detaining or deprivation of liberty of a minor 1. Punishes the deliberate failure by the person having the CUSTODY of the minor to restore such minor to his parent or guardian

2. Offender is not entrusted with the custody of the victim 2. Offender is entrusted custody of the victim

Kidnapping and failure to return a minor Inducing a minor to abandon his home. 1. The offender is entrusted with the custody of a minor person (whether over or

under 7 years but less than 18 years of age); 1. A minor (whether under or over 7 yrs of age) is living in the home of his

parents or guardians or the person entrusted with his custody; 2. He deliberately fails to restore said minor to his parents or guardians. 2. Offender induces said minor to abandon such home. *Minor is initially with the offender *Minor is with his parents and subsequently leaves

Slavery (by purchasing or selling) White Slave Trade 1. The offender purchases, sells, kidnaps, or detains a human being; or 1. Enlists the services of women under any pretext

(Also if engaged in any business or shall profit by prostitution) 2. The purpose of the offender is to enslave such human being;

Qualified: To assign the victim to immoral traffic (Prostitution) 2. Purpose of prostitution

*Crime against Liberty *Crime against Chastity **Can be prosecuted de oficio **Can only be prosecuted at the instance of the offended party



Slavery (by kidnapping or detaining) Kidnapping or Illegal Detention Purpose is to enslave Purpose is to deprive liberty

Exploitation of child labor Services rendered under compulsion in payment of debt 1. Offender retains a minor in his services;

1. Offender compels a debtor to work for him, either as a household servant or farm laborer;

2. It is against the will of the minor; 2. It is against the debtors will; 3. It is under the pretext of reimbursing himself of a debt incurred by an

ascendant, guardian or person entrusted with the custody of such minor. 3. The purpose is to require or enforce the payment of a debt.

Abandoning a Minor Attempted Murder / Parricide / Infanticide Murder / Parricide / Infanticide

1. The offender has custody of a child; 1. The offender has custody of a child; 1. The offender has custody of a child; 2. The child is under 7 years of age 2. The child is under 7 years of age 2. The child is under 7 years of age 3. He abandons such child

Qualified: Child dies as a result 3. He abandons such child. Child does not die. 3. He abandons such child. Child dies as a result

4. He has no intent to kill the child when the latter was abandoned.

4. Intent to kill. 4. Intent to kill.

Abandoning a Minor Abandonment of minor by person entrusted with his custody; indifference

of parents. 1. Custody of minor is stated in general 1. Custody is of the rearing or education of a minor 2. Minor is under 7 2. Minor is under 18 3. Abandoned in such a way as to deprive him of the care and protection

that his tender years need 3. Delivered to a public institution or other person

Exploitation of minors (par. 5) Inducing a minor to abandon his home.

1. Purpose is to follow any person engaged in any of the calling of being an acrobat, gymnast, rope walker, diver, or wild animal tamer, the offender being an acrobat, etc., or circus manager or to accompany any habitual vagrant or beggar

1. No such purpose

2. Minor is under 16 2. Minor is under 18



Qualified trespass to dwelling Violation of domicile 1. That the offender is a private person 1. That the offender is a public officer or employee 2. That he enters the dwelling of another 2. That he is not authorized to:

a. Enter any dwelling against the will of the owner thereof, b. Search papers or other effects found therein without the previous

consent of such owner, c. Refuse to leave the premises, after having surreptitiously entered

said dwelling and after having been required to leave the same

3. That such entrance is against the latters will

Other forms of trespass Qualified trespass to dwelling

1. Any person 1. Private Individual 2. Enters a closed premises or fenced estate 2. Enters a dwelling house 3. Place is uninhabited 3. Place is inhabited 4. Act constituting the crime is entering the closed premises or the

fenced estate without securing permission of the owner or caretaker thereof

4. Act constituting the crime is entering the dwelling against the will of the owner

5. Prohibition to enter must be manifest 5. Prohibition to enter is express or implied

Grave Threats Light Threats Other Light Threats 1. May or may not have a condition 1. Has a condition 1. Does not have a condition 2. Written threat Qualifies 2. May be oral or written 2. Must be oral

Grave Threats (3rd form) Other Light Threats (par. 2) 1. Harm threatened is a crime 1. Harm threatened is a crime 2. No condition 2. No condition 3. Not made in a heat of anger 3. Made in the heat of anger and did

not persist.

Grave Coercion Unjust Vexation 1. Force or violence is exerted 1. Force of violence is exerted 2. Force made at the time part was doing or about to do the act to be

prevented. 2. Force made after the act was already done.

Light Threats Other Light Threats (par. 3) 1. Harm threatened is not a

crime 1. Harm threatened is not a

crime 2. Condition 2. No condition



Grave Coercion (Preventing) Interruption of religious worship Act tending to prevent the meeting of the Assembly and similar bodies

Violation of parliamentary immunity

1. Any person 1. Public officer 1. Any person 1. Any person 2. Prevents another from doing

something not prohibited by law

2. Prevents ceremonies or manifestations of any religion

2. Prevents the meeting of a legislative body

2. Prevents any member of Congress from attending the meetings thereof, expressing his opinions, or casting his vote

3. Through violence, threats or intimidation

3. Through violence or threats 3. Through force 3. Through force, intimidation, threats, or frauds

Grave Coercion (Compelling) Expulsion Kidnapping with ransom

1. Any person 1. Public officer not authorized by law 1. Creditor 2. Compels another to do something against his

will, whether right or wrong 2. Compels a person to change his residence 2. Compels him to pay his debt [effectively

ransom because there is demand for payment that releases from captivity]

3. Through violence, threats or intimidation 3. May or may not use force 3. By kidnapping the debtor

Grave Coercion Light Coercion 1. That a person prevented another from doing something not prohibited by law,

or that he compelled him to do something against his will, be it right or wrong; 1. That the offender must be a creditor. 2. That he seizes anything belonging to his debtor.

2. That the prevention or compulsion be effected by violence, threats or intimidation;

3. That the seizure of the thing be accomplished by means of violence or a display of material force producing intimidation;

3. That the person that restrained the will and liberty by another had not the authority of law or the right to do so, or, in other words, that the restraint shall not be made under authority of law or in the exercise of any lawful right.

4. That the purpose of the offender is to apply the same to the payment of the debt.

Grave Coercion (through threats) Grave Threats

1. Threats are personal 1. Threats refer to the person, honor, property of the one threatened or his family

2. Actual, imminent force or violence 2. Harm is future 3. Not conditional 3. Conditional

Coercion Illegal Detention No clear deprivation of liberty Must have actually confined or restraint the person



Grave Coercion Maltreatment of Prisoner 1. The offender is any person 1. That the offender is a public officer or employee 2. The offended party is not a prisoner 2. That he has under his charge a prisoner or detention prisoner 3. He maltreats such person to extort a confession or to obtain some

information. 3. He maltreats such prisoner to extort a confession or to obtain some

information from the prisoner.

Unjust Vexation Acts of Lasciviousness 1. Annoying, irritating, vexing, tormenting, distressing, or disturbing

conduct of the accused (kissing a girl, etc) 1. Annoying, irritating, vexing, tormenting, distressing, or disturbing

conduct of the accused (kissing a girl, etc) 2. Absence of lewd designs 2. Presence of lewd designs

Discovering secrets through seizure of correspondence Public officer revealing secrets of private individual 1. Offender is a private individual or even a public officer not in the exercise of his

official function 1. That the offender is a public officer

2. He seizes the papers or letters of another;

2. That he knows of the secrets of a private individual by reason of his office

3. The purpose is to discover the secrets of such another person; 3. That he reveals such secrets without authority or justifiable reason 4. Offender is informed of the contents of the papers or letters seized.

Offenses against chastity Abuses against chastity 1. Oftentimes the offender is a private individual 1. Offender is a public officer 2. Some actual act of lasciviousness is executed 2. Mere immoral or indecent proposal made earnestly and persistently

Discovering secrets through seizure of correspondence

Revealing secrets with abuse of office. Revelation of industrial secrets

1. Offender is a private individual or even a public officer not in the exercise of his official function

1. Offenders is a manager, employee or servant;

1. The offender is a person in charge, employee or workman of a manufacturing or industrial establishment;

2. He seizes the papers or letters of another;

2. He learns the secrets of his principal or master in such capacity;

2. The manufacturing or industrial establishment has a secret of the industry which the offender has learned;

3. The purpose is to discover the secrets of such another person; [Need not reveal]

3. He reveals such secrets. 3. Offender reveals such secrets

4. Offender is informed of the contents of the papers or letters seized. [Damage is not necessary]

4. *Damage is not necessary 4. Prejudice is caused to the owner



Acts of Lasciviousness Attempted Rape 1. Manner of committing is any of the ones mentioned for Rape 1. Manner of committing is any of the ones mentioned for Rape 2. Offended party is of either sex 2. Offended party is of either sex 3. Performance of act of lasciviousness 3. Performance of act of lasciviousness 4. Deriving vicarious pleasure from such acts 4. Acts clearly indicate that his purpose was to lie with the woman 5. Lascivious acts are themselves the final objective 5. Lascivious acts are mere preparatory acts to rape

Qualified Seduction Rape 1. Sexual Intercourse with a woman 1. Sexual Intercourse with a woman 2. Absence of any of the circumstances of rape 2. Presence of any of the circumstances of rape

Qualified Seduction Simple Seduction Consented Abduction 1. That the offended party is a virgin 1. That she must be of good reputation, single

or widow (virgin) 1. That the offended party must be a virgin

2. That she must be over 12 and under 18 years of age

2. That the offended party is over 12 and under 18 years of age

2. That she must be over 12 and under 18 years of age

3. That the offender has sexual intercourse with her

3. That the offender has sexual intercourse with her

3. That the taking away of the offended party must be with lewd designs

4. That there is abuse of authority, confidence or relationship on the part of the offender.

4. That it is committed by means of deceit

4. That the taking away of the offended party must be with her consent, after solicitation or cajolery from the offender

Acts of lasciviousness Acts of lasciviousness with the consent of the offended party

1. Acts of lasciviousness 1. Acts of lasciviousness 2. Committed under circumstances which, had there been carnal

knowledge, would amount to rape. 2. Committed under circumstances which, had there been carnal

knowledge, would amount to qualified or simple seduction. (abuse of authority, confidence, or relationship, or deceit)

Corruption of minors White slave trade

1. Prostitute is a minor under 18 1. Prostitute is of any age 2. Victim must be of good repute 2. Women here are prostitutes

Forcible Abduction Corruption of Minors 1. A minor is abducted 1. A minor is abducted 2. With lewd designs 2. With intent of lending her to illicit relations



Forcible Abduction Grave Coercion Kidnapping and Serious illegal detention 1. Violence or Intimidation to compel to do

something 1. Violence or Intimidation to compel to do

something 1. Taking away

2. With Lewd Design 2. Without Lewd Design 2. With intent to deprive liberty 3. Taken away not for an appreciable amount

of time 3. Taken away not for an appreciable amount

of time 3. Taken away for an appreciable amount of

time *Crime against chastity *Crime against Security *Crime against Liberty

Making and importing and uttering false coins Mutilation of coins Importation and utterance of mutilated coins 1. Need not be of legal tender, can be those withdrawn from circulation 1. Must be legal currency or current coins 2. Need not have intent to damage 2. Must be intent to damage or defraud another 3. Foreign coinage is included 3. Coins of foreign country not included. Falsification by public officer, employee or notary or ecclesiastic minister. Falsification by private individual and use of falsified documents.

Can be complexed with estafa/theft/malversation Cannot be complexed with estafa/theft/malversation

Using fictitious name and concealing true name Estafa by using fictitious name 1. That the offender uses a name other than his real name

1. That the offender uses a name other than his real name

2. That he uses the fictitious name publicly

2. Defrauds another by having him rely on the fictitious name in executing some contract or agreement

3. That the purpose of the offender is a. To conceal a crime b. To evade the execution of a judgment c. To cause damage to public interest

3. Damage to private interest



False testimony against a defendant False testimony favorable to the defendants False testimony in civil cases 1. That there be a criminal proceeding

1. That there be a criminal proceeding

1. That the testimony must be given in a

civil case 2. That the offender testifies falsely under

oath against the defendant therein.

2. That the offender testifies falsely under oath in favour of the defendant therein.

2. That the testimony must relate to the issues presented in said case.

3. That the testimony must be false 3. That the offender who gives false

testimony knows that it is false.

3. That the offender who gives false testimony knows that it is false.

4. . That the false testimony was given by the defendant knowing the same to be false.

4. That the defendant against whom the false testimony is given is either acquitted or convicted in a final judgment.

4. That the defendant against whom the false testimony is given is either acquitted or convicted in a final judgment.

5. That the testimony be malicious and given with an intent to affect the issues presented in said case.

*Penalty based on what the accused is sentenced with which must be at least a correctional penalty, a fine, or must be acquitted.

*Penalty is based on the punishment of the felony prosecuted

*Penalty is based on the amount in controversy

Importation and disposition of falsely marked articles or merchandise

made of gold, silver, or other precious metals or their alloys. Estafa by falsely pretending to possess influence

Applies only to importer, seller, or disposer of misbranded articles Applies to manufacturer of misbranded articles

Acts of Lasciviousness Grave Scandal That the offender commits any act of lasciviousness of lewdness against a

person of either sex Performs acts highly scandalous as offending against decency or good

customs May be committed privately or publicly Committed in public view

Scandalous conduct is not expressly falling within any other article of this Code



Estafa by falsely pretending to possess influence

Direct Bribery Abandonment of Office Negligence and tolerance in the prosecution of offenses

Offender Committed by any person Committed by any public officer

Committed by any public officer

Committed only by public officers who have the duty to institute prosecution for the punishment of violations of the law

Price? Demands a consideration (e.g. cash) Accepts a bribe No bribe involved No bribe involved Purpose With the view of defrauding the

giver With the view to corrupt

him, and induce him to do or not to do something that is

his duty.

Abandons in order to evade discharge of his

duty

No abandonment but rather failure to prosecute an offense by dereliction of duty

or by malicious tolerance of the commission of offenses.

Direct Bribery (Article 210) Indirect Bribery (Article 211)

The public officer receives the gift There is an agreement between the giver and the public officer There is no agreement between the giver and the public officer It is necessary that the offender agrees to perform something in

consideration of a gift It is not necessary that there is an act so long as such is given by reason of

his office Direct Bribery (paragraph 2) Indirect Bribery (Article 211)

The agreement involves the execution of an UNJUST act by the public officer

The agreement is not unjust

Malversation Private individuals liable for malversation Public official Private individuals, who in any capacity whatsoever, have charge of

any national, provincial or municipal funds, revenue, or property Administrator or depository of funds or property attached, seized or

deposited by public authority

That he had the custody or control of funds or property by reason of the duties of his office (i.e. in his official capacity)

That those funds or property were public funds or property for which he was accountable That he appropriated, took, misappropriated or consented or, through abandonment or negligence, permitted another person to take them

Estafa Illegal Exactions (Frauds against public treasury)

Demand for fees greater than those prescribed by law Accompanied by deceit No deceit (since as far as victims know, he has authority to collect and in

that amount)



Malversation Technical Malversation Offenders are accountable public officers

Offender does not derive any personal gain or profit Offender in certain cases profits from the proceeds of the crime. The fund is applied to another public use The fund is applied to the personal use or benefit of the offender or of

another.

Malversation and Falsification Infidelity in the custody of document The postmaster received money orders, signed the signatures of the payees

thereon, collected and appropriated the respective amounts. The postmaster receives letters or envelopes containing money orders for

transmission, and the money orders are not sent to the addressees, the postmaster cashing the same for his own benefit. (Act: By concealing)

Falsification is committed to hide the malversation No falsification is made

Breaking of Seal Opening of Closed Documents 1. That the offender is a public officer

2. That any closed papers, documents, or objects are entrusted to his custody

3. That he breaks the seals or permits them to be broken 3. That the opens or permits to be opened said closed papers, documents or objects

4. That such letter is sealed by the proper authority and should be opened only by the proper authority

4. That he does not have property authority

Betrayal of trust by an attorney or solicitor. Revelation of secrets Public officer revealing secrets of private individual

Attorney-at-law (not just any public officer) That the offender is a public officer He knows of the secrets of a private individual by reason of his profession That he knows of the secrets of a private individual by reason of his office

That he reveals such secrets That he reveals such secrets without authority or justifiable reason

Refusal to discharge elective office Anticipation of duties of a public office Prolonging performance of duties and powers Elected official Elective or Appointive official Any person holding public office

Refuses to be sworn to office Assumes office BEFORE being sworn in or giving the required bond

Refuses to leave his position and exercises the duties related to it even after his term has

expired



Usurpation of legislative powers Usurpation of executive functions Usurpation of judicial functions

Offender Executive or Judicial Officer Judge Executive Officer Offense (1) Makes general rules or regulations

beyond his authority (2) Attempts to repeal a law

Suspends the execution of law

(1) Assumes a power pertaining to the executive authorities

(2) Obstructs the executive authorities in the lawful exercise of their powers

(1) Assumes judicial powers (2) Obstructs the execution of any order

or decision rendered by any judge within his jurisdiction

Piracy Mutiny

Robbery or forcible degradation on the high seas, without lawful authority and done with animo lucrandi and in the spirit and intention of universal hostility.

Unlawful resistance to a superior officer, or the raising of commotion and disturbances on board a ship against the authority of its commander

Intent to gain is an element. No criminal intent Attack from outside. Offenders are strangers to the vessel. Attack from the inside.

Espionage Treason Not conditioned upon citizenship of the offender

Offending alien need not reside in the Philippines Offending alien must reside in the Philippines Committed in time of peace and war Committed in time of war

Committed in many ways May be committed in two ways: adhering or levying war Only public officers may commit Either public or private persons can commit



Sedition Rebellion Treason Subversion Coup detat Offender Citizen Citizen Citizen or resident alien Citizens Military, Police or holding any

public office or employment Means Rise publicly and

tumultuously (not necessarily taking up arms)

Public uprising or Taking up arms

Levying war or mere adherence coupled with giving aid or comfort to

the enemy

Mere membership in a subversive

association

Swift attack accompanied by violence, intimidation, threat,

strategy, or stealth

Purpose Political or Social See Article 139 (5)

The purpose is merely to attain by force,

intimidation, or by other means outside of legal

methods, one object, to wit, to inflict an act of hate

or revenge.

Political Remove allegiance or

Deprive of power

Aiding foreign enemy Political To seize or diminish state power

When Committed

Peace time Peace time Wartime Wartime Wartime or Peace time

Accessory acts

punished

Giving aid or comfort to rebels is not criminal;

Accepting policy-determining work

Giving aid or comfort to foreign enemy is criminal

(PROVIDED it is in furtherance of enemy)

Who the offense is

directed at

A particular person or property of a public official.

Always involves taking up arms against the

government

Against the government/sovereign

Against the government

Directed against duly constituted authorities of the Republic of the Philippines, or any military camp or installation, communication

networks, public utilities or other facilities needed for the

exercise and continued possession of power

Title Crime against public order Crime against public order

Crime against national security

Crime against national security

Crime against public order

Common Crimes

Not absorbed Absorbed (UNLESS they are

committed not for the purpose of furthering

rebellion)

Absorbed (UNLESS they are

committed not for the purpose of aiding the

foreign enemy)

Absorbed (UNLESS they are committed not

for the purpose of furthering coup d etat)

Criminal Law II Table Comparing Crimes

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Transcript of Criminal Law II Table Comparing Crimes