BOOK ONE

CRIMINAL LAW, defined.

It is that branch or division of municipal law which defines crimes, treats of their nature, and provides for their punishment.

Nature of Criminal Law:

1. SUBSTANTIVE LAW---it defines the State’s right to inflict punishment and the liability of the offenders.2. PUBLIC LAW---it deals with the relation of the individual with the state.

CRIME, defined.

It is an act committed or omitted in violation of a public law forbidding or prohibiting it.

The state has the authority, under its POLICE POWER, to define and punish crimes and to lay down the rules on procedure.

PHILOSOPHIES

CLASSICAL POSITIVIST MIXED/ ECLECTIC

1. the basis of criminal liability is human free will and the purpose of the penalty is retribution

1. That man is subdued occasionally by a strange and morbid phenomenon which constrains him to do wrong in spite of or contrary to his volition.

1. This combines both positivist and classical thinking.

2. That man is essentially a moral creature with an absolute free will to choose between good and evil, thereby placing more stress upon the effect or result of the felonious act done upon the man, the criminal himself.

2. That crime is essentially a social and natural phenomenon, and as such, it cannot be treated and checked by the application of abstract principles of law and jurisprudence or by the imposition of a punishment, fixed and determined a priori; BUT RATHER through the enforcement of individual measures in each particular case.

2. Crimes that are economic and social in nature should be dealt with in a positivist manner, thus the law is more compassionate.

3. It has endeavored to establish a mechanical and direct proportion between crime and penalty.

3. Heinous crimes should be dealt with in a classical manner, thus capital punishment.

4. There is a scant regard to the human element.

LIMITATIONS IN THE ENACTMENT OF PENAL LAWS (GEB-CUE):

1. Penal laws must be general in application. Otherwise, it would violate the equal protection clause of the constitution.

2. Penal laws must NOT partake of the nature of an ex post facto law.

An ex-post facto law is one which (MACAAdD): Makes criminal an act done before the passage of the law and which was innocent when done, and punishes such

an act. Aggravates a crime, or makes it greater than it was, when committed. Changes the punishment and inflicts a greater punishment than the law annexed to the crime when committed. Alters the legal rules on evidence, and authorizes conviction upon less or different testimony than the law required

at the time of the commission of the offense. Assuming to regulate civil rights and remedies only in effect imposes penalty or deprivation of a right for something

which when done was lawful Deprives a person accused of a crime some lawful protection to which he has become entitled , such as the

protection of a proclamation of amnesty.

3. Penal laws must NOT partake of the nature of a bill of attainder.

BILL OF ATTAINDER. It is a legislative act which inflicts punishment without trial. Its essence is the substitution of a legislative act for a judicial determination of guilt.

4. Penal laws must NOT impose cruel and unusual punishment or excessive fine.

CHARACTERISTICS OF CRIMINAL LAW

1. GENERALITY

“Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in Philippine territory, subject to the principles of public international law.” (Article 14, New Civil Code)

It applies to all persons within the country regardless of their race, belief, sex, or creed.

EXCEPTION:

1. By virtue of the principles of public international law, like (SC-APRC). Sovereign and other chief of state. Ambassadors, ministers plenipotentiary, ministers resident, and charges d’affaires.

N.B. Consuls are NOT diplomatic officers. This includes consul general, vice-consul or any consul in a foreign country, who are therefore NOT immune to the operation or application of the penal law of the foreign where they are assigned.

2. Law of Preferential Application It is NOT applicable when the foreign country adversely affected does not provide similar protection to our diplomatic representatives, under the PRINCIPLE OF RECIPROCITY.

2. TERRITORIALITY

Criminal laws undertake to punish crimes committed within Philippine territory. Penal laws of the country have force and effect only within its territory. It CANNOT penalize a crime committed outside the country.

EXCEPTION: Article 2, Revised Penal Code, which provides that its provisions shall be enforced outside of the jurisdiction of the Philippines against those who:

1. Should commit an offense while on a Philippine ship or airship;2. Should forge or counterfeit any coin or currency note of the Philippines or obligations and securities issued by the

Government of the Philippines;3. Should be liable for acts connected with the introduction into the Philippines of the obligations and securities

mentioned in the preceding number;4. While being public officers or employees, should commit an offense in the exercise of their functions; or5. Should commit any of the crimes against national security and the law of nations, defined in Title One of Book two of

the Revised Penal Code.

EXTRATERRITORIALITY [ARTICLE 2, Revised Penal Code]

This is the application of the Revised Penal Code outside Philippine territory.

Situations where a foreign country may not apply its criminal law even if a crime was committed on board a vessel within its territorial waters:a. when the crime is committed in a war vessel of a foreign country, because war vessels are part of the sovereignty of the country to those naval force they belong;b. When the foreign country in whose territorial waters the crime was committed adopts the FRENCH RULE, which applies only to merchant vessel, EXCEPT when the crime committed affects the national security or public order of such foreign country.

FRENCH RULE---the nationality of the vessel follows the flag which the vessel flies, unless the crime committed endangers the national security of a foreign country where the vessel is within jurisdiction in which case such foreign country will never lose jurisdiction over such vessel.

ENGLISH/ ANGLO-SAXON RULE---this rule strictly enforces the territoriality of criminal law. The law of the foreign country where a foreign vessel is within its jurisdiction is strictly applied, except if the crime affects only the internal management of the vessel in which case it is subject to the penal law of the country where it is registered.

Composition of territory:

1. TERRITORIAL JURISDICTION---the jurisdiction exercised of a country over bodies of land, defines in the constitution.2. FLUVIAL JURISDICTION---the jurisdiction over maritime and interior waters.3. AERIAL JURISDICTION---the jurisdiction over the atmosphere.

Three Theories on Aerial Jurisdiction:

1. OPEN SPACE THEORY---which the atmosphere over the country is free and NOT subject to the jurisdiction of the subjacent state EXCEPT for the protection of its national security and public order.

2. DELATIVE THEORY---the subjacent state exercises jurisdiction ONLY to the extent that it can effectively exercise control thereof.3. ABSOLUTE THEORY---the subjacent state has complete jurisdiction over the atmosphere above it SUBJECT ONLY to innocent passage by aircraft of foreign country.

ARCHIPELAGO DOCTRINE OR ARCHIPELAGIC RULE. Under this doctrine, we connect the outmost points of our archipelago with straight baselines and waters enclosed thereby as internal waters. The entire archipelago is regarded as one integrated unit instead of being fragmented into so many thousand islands. As for our territorial seas, these are more defined according to the Jamaica Convention on the Law of the Seas, concluded in 1982, in which the Philippines was a signatory.

3. PROSPECTIVITY

A penal law cannot make an act punishable in a manner in which it was not punishable when committed.

“Without prejudice to the provisions contained in Article 22 of this Code, felonies and misdemeanors, committed prior to the date of effectivity of this Code shall be punished in accordance with the Code or Act in force at the time of their commission.” (Article 366, Revised Penal Code)

PROSPECTIVITY is the equivalent of IRRETROSPECTIVITY.

EXCEPTION: Whenever a new statute dealing with the crime establishes conditions more lenient or favorable to the accused, it can be given a retroactive effect, in accordance with the Doctrine of Pro-Reo.

EXCEPTION to the EXCEPTION:

1. Where the new law is expressly made inapplicable in pending actions or existing cause of action.2. Where the offender is a habitual delinquent.

REPEAL

Kinds of Repeal:

1. ABSOLUTE OR TOTAL REPEAL---when the crime punished under the repealed law has been decriminalized by the same.

CONSEQUENCES:

1. Cases pending in court involving the violation of the repealed law, the same shall be dismissed, even though the accused may be a habitual delinquent. This is so because all persons accused of a crime are presumed innocent until they are convicted by final judgment. Therefore, the accused shall be acquitted.2. In cases already decided and as to those already serving sentence by final judgment, if the convict is not a habitual delinquent, then he will be entitled to a release UNLESS there is a reservation clause in the penal law that it will not apply to those serving sentence at the time of the repeal. But if there is no reservation, those who are not habitual delinquents even if they are already serving their sentence will receive the benefit of the repealing law. They are entitled to release.

2. PARTIAL OR RELATIVE REPEAL---when the crime punished under the repealed law continues to be a crime in spite of the repeal, so this means the repeal merely modified the conditions affecting the crime under the repealed law.

CONSEQUENCES:

1. Pending prosecution---if the repealing law is more favorable to the offender, it shall be the one applied to him. So whether he is a habitual delinquent or not, if the case is still pending in court, the repealing law will be the one to apply UNLESS there is a saving clause in the repealing law that it shall not apply to pending causes of action.2. As to those already serving sentence in jail---even if the repealing law is partial, then the crime still remains to be a crime. Those who are not habitual delinquents will benefit on the effect of that repeal, so if the repeal is more lenient to them, it will be the repealing law that will henceforth apply to them.

3. EXPRESS---takes place when a subsequent law contains a provision that such law repeal was earlier enactment.

Significance: if the repeal was express, the repeal of the repealing law will not survive the first law, so the act or omission will no longer be penalized.

4. IMPLIED---takes place when there is a law on a particular subject matter but is inconsistent with the first law, such that the two laws cannot stand together one of the two laws must give way. IT IS NOT FAVORED.

Significance: If a penal law is impliedly repealed, the subsequent repeal of the repealing law will revive the original law . So the act or omission which was punished as a crime under the original law will be revived and the same shall again be crimes although during the implied repeal they may not be punishable.

MALA IN SE AND MALA PROHIBITA

Mala In Se---the act is inherently evil or bad per se, or wrongful.

Malum Prohibitum---the act penalized is not inherently wrong, it is wrong only because there is a law that punishes the same.

Violations of special laws are mala prohibita. If the crime is punished under a special law, if the act punished is one which is inherently wrong, the same is malum in se, and therefore, good faith and lack of criminal intent is a valid defense UNLESS it is the product of criminal negligence or culpa.

MALA IN SE MALA PROHIBITA1. Criminal liability Is based on the moral trait of the offender that is why liability would only arise when there is dolo or culpa in commission of the punishable act.

1. The moral trait of the offender is NOT considered, it is enough that the prohibited act be voluntarily done.

2. Good faith or lack of criminal intent is a valid defense, UNLESS the crime is the result of culpa.

2. Good faith is NOT a defense.

3. the degree of accomplishment of the crime is taken into account in punishing the offender. Thus, there are attempted, frustrated, and consummated stages in the commission of a crime.

3. The act gives rise to a crime ONLY when it is consummated.

4. When there are more than one offender, the degree of participation of each in the commission of the crime is taken into account of imposing the penalty. Thus offenders are classified as principals, accomplice, and accessory.

4. Mitigating and aggravating circumstances are NOT taken into account in imposing the penalty, because the moral trait of the offender is not considered.

5. The degree of participation of any offender is NOT considered.

Title 1

FELONIES AND CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY

FELONIES, defined. Felonies are acts or omissions punishable by the Revised Penal Code.

Elements of Felonies in general:

1. That there must be an act or omission.2. That the act or omission must be punishable by the Revised Penal Code.3. That the act is performed or the omission incurred by means of dolo or culpa.

INFRACTIONS, defined. Infractions are acts or omissions punishable by an ordinance.

Act- any bodily movement tending to produce some effect in the external world, it being unnecessary that the same be actually produced as the possibility of its production is sufficient.

Omission - inaction, the failure to perform a positive duty that one is bound to do. There must be a law requiring the doing or performance of an act.

Dolo - is equivalent to malice which is the intent to do injury to another.

Elements (CFI):1. Criminal intent on the part of the offender;2. Freedom of action in doing the act on the part of the offender; and3. Intelligence on the part of the offender in doing the act.

- The acts or omissions are voluntary.- Intent presupposes the exercise of freedom and the use of intelligence.- The existence of intent is shown by the overt acts of the person.- Criminal intent is presumed from the commission of an unlawful act, but not from the proof of the commission of an act which

is not unlawful.

Criminal Intent, categorized into two:

1. General Specific Intent---is presumed from the mere doing of a wrong act. So this does not require proof, the burden is upon the wrongdoer to prove that he acted without such criminal intent.

2. Specific Criminal Intent---it is NOT presumed because it is an ingredient or element of a crime, like intent to kill in the crimes of attempted or frustrated homicide/parricide/murder. The prosecution has the burden of proof.

INTENT vs. DISCERNMENT:

INTENT is the determination to do a certain thing; an aim or purpose of the mind. It is the design to resolve or the determination by which a person acts.

DISCERNMENT is the mental capacity to tell right from wrong. It relates to the moral significance that a person ascribes to his act and relates to the intelligence as an element of dolo, distinct from intent.

MOTIVE INTENT

Reason/ moving power which impels one to commit an act for a definite result (state of mind)

Purpose to use a particular means to bring about a desired result (not a state of mind, not a reason for committing a crime)

When there is motive in the commission of a crime, it always comes before intent. But a crime maybe committed without motive.

If intentional, a crime cannot be committed without intent. Intent is manifested by the instrument used by the offender.

Motive is relevant if:

1. the identity of the accused is in question2. for purposes of defense3. in determining the sanity of the accused4. indirect assault (Art. 249)5. in determining whether the shooting is intentional or not6. defense of strangers (Art. 11, par. 3)7. in determining the specific nature of the crime.

Culpa - imprudence or negligence.

Elements (CFI):1. Criminal negligence on the part of the offender—the crime was the result of negligence, reckless imprudence, lack of

foresight, or lack of skill.2. Freedom of action in doing the act on the part of the offender—he was not acting under duress.3. Intelligence on the part of the offender in performing the negligent act.

MISTAKE OF FACTIt is the misapprehension of fact on the part of the person who caused injury to another. He is not, however, criminally

liable because he did not act with criminal intent.

Requisites of mistake of fact as a defense:1. That the act done would have been lawful had the facts been as the accused believed them to be.

a. That the intention of the accused in performing the act be lawful.2. That the mistake must be without fault or carelessness on the part of the accused.

The mistake must be without fault or carelessness on the part of the accused. The mistake of the accused in performing the act must be lawful. No crime of resistance when there is mistake of fact. When the accused is negligent, mistake of fact is NOT a defense.

Mistake of Fact vs. Mistake of Identity

In mistake of fact, there is NO criminal intent: while in mistake of identity, there is criminal intent, only it is directed at the wrong person in the belief that he was the proper object of the crime. Where an unlawful act is willfully done, a mistake in the identity of the intended victim CANNOT be considered exempting, NOR can it be considered reckless imprudence.

Article 4 Criminal Liability

Criminal liability shall be incurred:1. By any person committing a felony(delito) although the wrongful act done be different from that which he intended;2. By any person performing an act which would be an offense against persons or property, where it not for the

inherent impossibility of its accomplishment or on account of the employment of an inadequate or ineffectual means.

PROXIMATE CAUSE, defined.Is that cause which sets into motion other causes and which, unbroken by any efficient supervening cause, produces a felony, without which such felony could not have resulted.

o A proximate cause is NOT necessarily the immediate cause. This may be a cause which is far and remote from the consequence which sets into motion other causes which resulted in the felony.

o In criminal law, as long as the act of the accused contributed to the death of the victim , even if the victim is about to die, he will still be liable for the felonious act of putting to death that victim.

Felony is the proximate cause when:

1. There is an active force that intervened between the felony committed and the resulting injury, and the active force is a distinct act or fact absolutely foreign from the felonious act of the accused; or

2. The resulting injury is due to the intentional act of the offended party.

Wrongful act done be different from what was intended:

Aberratio Ictus/ Mistake in the Blow

A person directed the blow at an intended victim but because of poor aim, that blow landed on somebody else. The intended victim as well as the actual victim is both at the scene of the crime. It generally gives rise to a COMPLEX CRIME - that being so, the penalty for the serious crime is imposed in the

maximum period. The only time when complex crime may not result is when one of the resulting felonies is LIGHT FELONY.

Error in Personae/ Mistake in Identity

The intended victim was not at the scene of the crime. It was the actual victim, upon whom the blow was directed, but he was not the intended victim, there was really a mistake in identity.

It is mitigating if the crime committed is different from that which is intended. If the crime committed is different from that which was intended, error in personae does not affect the criminal liability of the offender.

Praeter Intentionem/ Consequence went beyond the Intention

It is mitigating, particularly covered by par. 3, Art. 13—That the offender had no intention to commit so grave a wrong as that committed

There must be a notable disparity between the means employed and the resulting felony. Criminal liability is incurred by any person committing a felony, not merely performing an act. the person is still criminally liable even if there is a mistake in the identity of the victim(error in personae) Pp vs. Oanis 74

Phil 257; when there is mistake in the blow(aberration ictus); the injurious result is greater than that intended(praeter intentionem)

any person who creates in another’s mind an immediate sense of danger, which causes the latter to do something resulting in the latter’s injury, is liable for the resulting injuries.

the felony committed must be the proximate cause of the resulting injury. Proximate cause is that cause, which in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred. ( Bataclan vs. Medina 102 Phil 181)

Requisites of paragraph 1:a. An intentional felony has been committed,b. The wrong done to the aggrieved party be the direct, natural, and logical consequence of the felony

committed by the offender.

IMPOSSIBLE CRIME, defined.Is an act which would be an offense against person or property were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means.

Requisites:1. The act performed would be an offense against persons or property;2. The act was done with evil intent;3. Its accomplishment is inherently impossible or that the means employed is either inadequate or ineffectual;4. The act performed should NOT constitute a violation of another provision of the RPC.

Is there really an impossible crime?Objectively, the offender has NOT committed a felony. Subjectively, however, he is a criminal; hence, the law punishes the impossible crime because of the criminal propensity or tendencies of the perpetrator.

Nature of Impossibility:1. Legal Impossibility It would apply to those circumstances where:

The motive, desire, and expectation is to perform an act in violation of the law.1. There is an intention to perform the physical act.2. There is a performance of the intended physical act.3. The consequence resulting from the intended act does NOT amount to a crime.

2. Physical Impossibility Occurs when extraneous circumstances unknown to the actor or beyond his control prevent the consummation of the

intended crime.

Article 5Duty of the court in connection with acts which should be repressed but which are not covered by the law, and in cases of excessive penalties.

Whenever a court has knowledge of any act which it may deem proper to repress and which is not punishable by law:

It shall render the proper decision, and Shall report the matter to the Chief Executive, through the Department of Justice, for the passage of an appropriate law Which induces the court to believe that said act (not punished by any law) should be made the subject of litigation.

In the same way the court shall: Submit to the Chief Executive, through the Department of Justice Such statement or report as may be deemed proper, Without suspending the execution of the sentence, When a strict enforcement of the provisions of this code would result in the imposition of a clearly excessive penalty. Taking into consideration the degree of malice and the injury caused by the offense.

Article 6Consummated, Frustrated, and Attempted Felonies.

Consummated felonies, as well as those which are frustrated and attempted, are punishable.

A felony is consummated when all the elements necessary for its execution and accomplishment are present; and it is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator.

There is an attempted stage when the offender commences the commission of a felony directly by overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance.

Elements of Attempted Felony:

a. the offender commences the commission of the felony directly by overt acts;b. he does NOT perform all the acts of execution which should produce the felony;c. the offender’s act be NOT stopped by his own spontaneous desistance;d. the non-performance of all acts of execution was due to cause or accident other than his spontaneous desistance.

Elements of Frustrated Felony:

a. the offender performs all the acts of execution;b. all the acts performed would produce the felony as a consequence;c. but the felony is not produced;d. by reason of causes independent of the will of the perpetrator.

Consummated Felony:

All the elements necessary for its execution and accomplishment are present. Every crime has its own elements which must all be present to constitute a culpable violation of a precept of law.

Frustrated felony distinguished from attempted felony.

1. In both, the offender has accomplished his criminal intent;2. While in frustrated felony, the offender has performed all the acts of execution which would produce the felony as

a consequence, in attempted felony the offender merely commences the commission of a felony directly by overt acts and does not perform all the acts of execution. In other words, in frustrated felony, the offender has reached the objective phase; in attempted felony, the offender has not passed the subjective phase.

3. In frustrated felony, there is NO intervention of a foreign or extraneous cause between the beginning of the consummation of the crime and the moment when all of the acts have been performed which should result in the consummated crime; In attempted felony there is such intervention and the offender does not arrive at the point of performing all of the acts which should produce the crime.

Attempted or frustrated felony distinguished from impossible crime.

1. In attempted or frustrated felony and impossible crime, the evil intent of the offender is not accomplished.2. But while in impossible crime, the evil intent of the offender cannot be accomplished; in attempted or frustrated

felony the evil intent of the offender is possible of accomplishment.3. In impossible crime, the evil intent of the offender cannot be accomplished because it is inherently impossible of

accomplishment or because the means employed by the offender is inadequate or ineffectual; in attempted or frustrated felony, what prevented its accomplishment is the intervention of certain cause or accident in which the offender had no part.

Article 7When light felonies are punishable.

Light felonies are punishable only when they have been consummated, with the EXCEPTION of those committed against persons or property.

Light felonies are those infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding 200 pesos or both, is provided.

The light felonies punished by the RPC are (S-T-A-M-I): 1. Slight physical injuries (art. 266);2. Theft (art. 309 pars. 7 and 8);3. Alteration of boundary marks (art. 313);4. Malicious mischief (art. 328 par. 3; art. 329 par. 3);5. Intriguing against honor (art. 364)

Article 8Conspiracy and proposal to commit felony.

Conspiracy and proposal to commit felony are punishable only in the cases in which the law specially provides a penalty therefore.

A conspiracy exists when:1. Two or more persons come to an agreement concerning the commission of a felony; and 2. Decide to commit it.There is proposal when the person who has decided to commit a felony proposes its execution to some other person or persons.

Kinds of Conspiracy:

1. Conspiracy as a crime2. Conspiracy as a manner or incurring criminal liability

a. Express---conspirators meet and plan prior to the execution; participants are conspirators prior to the commission of the crime.

b. Implied---did NOT meet prior to the commission of the crime; they participated in such a way that they are acting in concert. Conspiracy is deduced from the manner of commission.

As a crime Means to commit a crimeMere agreement is sufficient to incur criminal liability. Overt acts are necessary to incur criminal liability.Punishable only when the law expressly so provides. Offenders are punished for the crime itself.

Conspiracy to commit a felony is punishable in conspiracy to commit Treason (art. 115); rebellion or insurrection (art. 136); and sedition (art. 141). In these cases, the treason, rebellion or insurrection, and sedition need not be actually committed. Proposal to commit a felony is punishable in treason and rebellion or insurrection only. In these cases, the Treason or rebellion need not be actually committed.

Requisites of conspiracy:1. That two or more persons come to an agreement;2. That the agreement concerned the commission of a felony;3. That the execution of the felony be decided upon.

Requisites of proposal:1. that a person has decided to commit a felony;2. That he proposes its execution to some other person or persons.

There is NO criminal proposal when:1. The person who proposes is NOT determined to commit the felony.2. There is NO decided, concrete and formal proposal.3. it is NOT the execution of the felony that is proposed

It is NOT necessary that the person to whom the proposal is made agrees to commit treason or rebellion. The crimes in which conspiracy and proposal are punishable are against the security of the state or

economic security._______________________________________________________________________________________________________________

Article 9Grave felonies, less grave felonies, and light felonies.

Grave felonies are those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive, in accordance with article 25 of this code.Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional, in accordance with the above-mentioned article.Light felonies are those infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding 200 pesos or both, is provided.

The afflictive penalties in accordance with article 25 of the Code are:

Reclusion perpetuaReclusion temporal

Perpetual or temporary absolute disqualificationPerpetual or temporary special disqualificationPrision mayor

The following are correctional penalties;Prision correctionalAresto mayorDestierro

Article 10Offenses not subject to the provisions of this Code.

Offenses which are or in the future may be punishable under special laws are NOT subject to the provisions of this Code. This code shall be supplementary to such laws, unless the latter should specially provide the contrary.

The first clause should be understood to mean only that the penal code is not intended to supersede special penal laws. The latter are controlling with regard to offenses therein specially punished. Said clause only restates the elemental rule of statutory construction that the special legal provisions prevail over general ones.The second clause contains the soul of the article. The main idea and purpose of the article is embodied in the provision that “the code shall be supplementary” to special laws, unless the latter should specially provide the contrary.

CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY:

There are only five (5) specifically provided for (CODE: JEMAA):

1) JUSTIFYING CIRCUMSTANCES-those wherein the acts of the actor are in accordance with the law, and hence, he incurs no criminal liability.

2) EXEMPTING CIRCUMSTANCES-those wherein there is an absence of voluntariness, and hence, though there is crime, there is no criminal liability.

3) MITIGATING CIRCUMSTANCES-those that have the effect of reducing the penalty because there is a diminution of any of the elements of DOLO or CULPA which makes the act voluntary or because of the lesser perversity of the offender.

4) AGGRAVATING CIRCUMSTANCES-those which serve to increase the penalty without exceeding the maximum provided by law because of the greater perversity of the offender as shown by the motivating power of the commission of the crime, the time and place of its commission, the means employed or the personal circumstances of the offender.

5) ALTERNATIVE CIRCUMSTANCES-those which are either aggravating or mitigating according to the nature and effects of the crime and other conditions attending its commission.

There are two (2) others which are found in the provisions of the RPC:1) ABSOLUTORY CAUSE-that which has the effect of absolving the offender from criminal liability, although not from

civil liability. It has the same effect as exempting circumstances.2) EXTENUATING CIRCUMSTANCES-that which has the effect of mitigating the criminal liability of the offender.

Paragraph 1 Self-defense or defense of one’s self

Paragraph 2

Defense of relatives - relatives who can be defended: Spouse, Ascendants, descendants, legitimate, natural or adopted brothers or sisters, or relatives by affinity in the same degree and relatives by consanguinity within the fourth civil degree.

Paragraph 3Anyone who acts in defense of the person or rights of a stranger, provided that the first and second requisites mentioned in the first circumstance of this article are present and that the person defending be not induced by revenge, resentment or other evil motive.

Any person not included in the enumeration of relatives mentioned in paragraph 2 of this article is considered a stranger for the purpose of paragraph 3.

Includes only up to first cousin. Distinction must be made between relative and stranger is important because of the element of evil motive.

Paragraph 4Any person who, in order to avoid an evil or injury, does an act which causes injury to another, provided that the following requisites are present:

First. That the evil sought to be avoided actually exists;

Second. That the injury feared be greater than that done to avoid it;

Third. That there be no other practical or less harmful means of preventing it.

The greater evil should not be brought about by the negligence or imprudence of the actor. When the accused was not avoiding any evil, he cannot invoke the justifying circumstance of avoidance of a greater

evil or injury.(P/P vs Ricohermoso 56 SCRA 431). The evil which brought about the greater evil must not result from a violation of law by the actor.

Paragraph 5Any person who acts in the fulfillment of duty or in the lawful exercise of a right or office.

Requisites:1. That the accused acted in the performance of a duty or in the lawful exercise of a right or duty.2. That the injury caused or the offense committed be the necessary consequence of the due performance of duty or the lawful exercise of such right or office.

Paragraph 6.Any person who acts in obedience to an order issued by a superior for some lawful purpose.Requisites:1. That an order has been issued by a superior.2. That such order must be for some legal purpose.3. That the means used by the subordinate to carry out said order is lawful.

Article 12EXEMPTING CICUMSTANCES

Circumstances which exempt from criminal liability.

The following are exempt from criminal liability:

Paragraph 1An imbecile or an insane person, unless the latter has acted during a lucid interval.

When the imbecile or an insane person has committed an act which the law defines as a felony (delito), the court shall order his confinement in one of the hospitals or asylums established for persons thus afflicted, which he shall not be permitted to leave without first obtaining the permission of the same court.

Two (2) tests for exemption on the ground of Insanity:1. the test of COGNITION or whether the accused acted with complete deprivation of intelligence in

committing said crime.2. the test of VOLITION or whether the accused acted in the total deprivation of freedom of will.

An imbecile is exempt in all cases from criminal liability, the insane is not so exempt if it can be shown that he acted during a lucid interval.

An imbecile is one who while advance in age has a mental development comparable to that of children between two and seven years of age.

To constitute insanity, there must be complete deprivation of intelligence or that there be a total deprivation of the freedom of the will.

The defense must prove that the accused was insane at the time of the commission of the crime, because the presumption is always in favor of sanity. If the accused becomes insane at the trial and not during the commission of the crime, he is still liable.

Epilepsy may be covered by the term insanity. Feeblemindedness is not imbecility.

Paragraph 2 and 32. A person under nine years of age.

3. A person over nine years of age and under fifteen, unless he has acted with discernment, in which case, such minor shall be proceeded against in accordance with article 192 of PD 603.When such minor is adjudged to be criminally irresponsible, the court, in conformity with the provisions of this and the preceding paragraph, shall commit him to the care and custody of his family who shall be charged with his surveillance

Article 11Justifying circumstances.

The following do not incur criminal liability:

Paragraph 1. Self defense

Anyone who acts in defense of his person or rights, provided that the following circumstances concur:

First. Unlawful aggression;

Second. Reasonable necessity of the means employed to prevent or repel it; and

Third. Lack of sufficient provocation on the part of the person defending himself.

Elements:1) Unlawful aggression2) reasonable necessity of the means employed to repel it3) lack of sufficient provocation on the part of the person defending himself

Kinds of Unlawful Aggression:a. ACTUAL-an attack with physical force or with a weapon. It is a material aggression, an offensive act which

positively determines the intent of the aggressor to cause an injury. It is a physical assault, coupled with a willful disregard of an individual’s personality.

b. IMMINENT-an attack that is impending or at the point of happening. It must not consist in a mere threatening attitude nor must it be merely imaginary. The intimidating attitude must be offensive and positively strong.

Unlawful aggression is an indispensable requisite. Aggression must be unlawful Paramour surprised in the act of adultery cannot invoke self-defense if he killed the offended husband who was

assaulting him.(US vs. Merced 39 Phil 198) Unlawful aggression is equivalent to assault or at least threatened assault of an immediate and imminent kind

(People vs. Alconga 78 Phil 366). The danger or peril to one’s life or limb must be present, that is, must actually exist. There must be actual physical force or actual use of weapon. “foot-kick greeting” is not an unlawful aggression(People vs. Sabio 19 SCRA 901) No unlawful aggression when there is no imminent and real danger to the life and limb of the accused. A strong retaliation for an injury or threat may amount to an unlawful aggression(US vs. Carerro 9 Phil 544) The attack made by the deceased and the killing of the deceased by the defendant should succeed each other

without appreciable interval of time.(People vs. Arellano C.A 54 O.G. 7252) The unlawful aggression must come from the person who was attacked by the accused. A public officer exceeding his authority may become unlawful aggressor.(People vs. Hernandez 59 Phil 343) Nature, character, location and extent of wound of the accused allegedly inflicted by the injured party may belie

claim of self defense.(People vs. Tolentino 54 Phil 77) Improbability of the accused being the aggressor belies the claim of self defense.(People vs. Diaz 55 SCRA 178) The fact that the accused declined to give any statement when he surrendered to a policeman is inconsistent with

the plea of self defense.(People vs. Manansala 31 SCRA 401) When the aggressor flees, unlawful aggression no longer exists.(People vs. Alconga 78 Phil 366) No unlawful aggression when there is agreement to fight. One who voluntarily joined a fight cannot claim self defense. There is unlawful aggression even if the aggressor used a toy pistol, provided that the accused believed it was a

real gun.(People vs. Boral 11 CA Rep. 914) Mere threatening attitude is not unlawful aggression.(US vs. Guy-Sayco 13 Phil 292) The reasonableness of the necessity depends upon the circumstances. The person defending is not expected to control his blow.

Paragraph 2. Defense of Relatives

Anyone who acts in defense of the person or rights of his spouse, ascendants, descendants, or legitimate, natural, or adopted brothers or sisters or of his relatives by affinity in the same degrees, and those by consanguinity within the fourth civil degree, provided that the first and second requisites prescribed in the next preceding circumstance are present, and the further requisite , in case the provocation was given by the and education; otherwise, he shall be committed to the care of some institution or person mentioned in article 192 of PD 603.

Periods of human life under the RPC:Absolute irresponsibility 9 years and belowConditional responsibility >9, <15Full responsibility 18-70Mitigated responsibility 1) >9,<15-offender acting with discernment.

2) 15, <183) over 70

Presumptions:i. Conclusive Presumption-if the age of the minor does not exceed 9 years, he is conclusively exempt from

criminal liability.ii. Rebuttable Presumption-if the minor is over 9 but under 15, he is disputably presumed not criminally liable

but the prosecutor can present evidence that he acted with discernment. If it’s proven that he acted with discernment, he is criminally liable.

Under nine years to be construed as nine years or less. There is absolute irresponsibility in the case of a minor under nine years of age. Age computed up to the time of commission of crime. Senility although said to be the second childhood, is only mitigating The minor must have acted without discernment.

The minor under 15 years acted without discernment is presumed. Discernment means the mental capacity of a minor between 9 and 15 years of age to fully appreciate the

consequences of his unlawful act.(People vs Navarro CA 51 OG 4062). Facts from which age is presumed must be stated for the record. The allegation of “with intent to kill” in the information is sufficient allegation of discernment. It is based on complete absence of intelligence.

Condition for suspension of sentence if minor:1. The crime committed should not carry the penalty of life or death;2. He should not have been given the benefit of suspension of sentence before.3. His age at the time of the promulgation of judgment must be below 18, even though at the time of the commission of the crime, he was over 9 and below 15 years of age.4. if the offender is above 15, but below 18, there is no exemption anymore but he is also given the benefit of a suspended sentence under the three preceding conditions. If the sentence is promulgated, the court will impose a penalty 1 degree lower and in the proper periods subject to rules in Art. 64.

Note: under Section 5 of RA 8539 (Family Court Law), there is no need to apply or file a Petition for suspension of sentence. The law mandates an automatic suspension of service of sentence of the youthful offender.

NOTE:

On April 28, 2006, Gloria Arroyo signed into law Republic Act 9344 otherwise known as “JUVENILE JUSTICE and WELFARE ACT OF 2006”. The law became effective on May 21, 2006.

Under R.A. 9344, minors aged fifteen (15) and below are now absolutely exempt from criminal liability. If a minor above fifteen (15) but below eighteen (18) commits a crime, he is not exempt from criminal liability unless it is shown that he acted with discernment. However, should the minor above fifteen but below eighteen be found guilty, R.A. 9344 also mandates the Courts to automatically suspend the sentence. In all cases, the minor offender must be referred to the appropriate government agency for rehabilitation.

Conditions for suspension of sentence of minor:

1. The crime committed should not be punishable by the penalty of life imprisonment or the death penalty.2. The minor should not have been given the benefit of suspension of sentence before.3. The age of the minor at the time of the promulgation of judgment must be below eighteen (18), even though

at the time of the commission of the crime, he was over nine (9) and below fifteen (15) years of age.4. If the offender is above fifteen (15), but below eighteen (18), there is no exemption anymore but he is also

given the benefit of a suspended sentence under the three preceding conditions. If the sentence is promulgated, the court will impose a penalty one (1) degree lower and in the proper periods subject to rules in Art. 64.

Paragraph 4Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it.

Accident-any happening beyond the control of a person the consequence of which are not foreseeable.

Elements:1. A person is performing a lawful act.2. With due care3. He causes an injury to another by mere accident.4. Without fault or intention of causing it.(P/P vs Vitug 8 CAR {2s} 905, 909)

U.S. vs. Tanedo 15 Phil 196: The accused fired at the wild chicken. The shot recoiled and hit a visiting cousin. Held: Accident

Paragraph 5Any person who acts under the compulsion of an irresistible force.Elements:1. That the compulsion is by means of physical force.2. That the physical force must be irresistible.3. That the physical force must come from a third person. The irresistible force must produce such an effect upon the individual that, in spite of all resistance, it reduces him

to a mere instrument, and as such, incapable of committing a crime. He must act not only without a will but against his will.

Paragraph 6Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury.Elements:1. That the threat which caused the fear is of an evil greater than or at least equal to, that which he is required to

commit.2. That it promises an evil of such gravity and imminence that the ordinary man would have succumbed to it.

(US vs. Elicanal 35 Phil 209)

A grave fear is not uncontrollable if there was an opportunity to verify one’s fear.

Paragraph 7Any person who fails to perform an act required by law, when prevented by some lawful or insuperable cause.Elements:1. That an act is required by law to be done.2. That a person fails to perform such act.3. That his failure to perform such act was due to some lawful or insuperable cause.

Article 13Classes of mitigating circumstances:

1. Ordinary mitigating- those enumerated in subsections 1-10 of article 13.2. Privilege mitigating- those mentioned in articles 68, 69, 64.

DistinctionsOrdinary Privileged

As to nature Can be offset by generic aggravating circumstances

Can never be offset by aggravating circumstances.

As to effect If not offset, will operate to reduce the penalty to the minimum period, provided, the penalty is divisible.

Operates to reduce the penalty by 1 or 2 degrees depending upon what the law provides.

Ordinary mitigating is susceptible of being offset by any aggravating circumstance; while privileged mitigating cannot be offset by aggravating circumstance.

Ordinary mitigating, if not offset by aggravating circumstance, produces only the effect of applying the penalty provided by law for the crime in its minimum period, in case of divisible penalty; whereas, privileged mitigating produces the effect of imposing upon the offender the penalty lower by one or two degrees than that provided by law for the crime.

Mitigating circumstances.The following are mitigating circumstances:

Paragraph 1Those mentioned in the preceding chapter, when all the requisites necessary to justify the act or to exempt from criminal liability in the respective cases are not attendant

All the requisites necessary to justify the act are not attendant. Incomplete self defense, defense of relatives, and defense of stranger. Note that in these three classes of defense, unlawful aggression must be present, it being an indispensable requisite. What is absent is either one or both of the last two requisites.

Incomplete exempting circumstance of minority over nine and under fifteen years of age. If the minor over 9 and under 15 years of age acted with discernment, he is entitled only to mitigating circumstance, because not all requisites necessary to exempt from criminal liability are present.

Incomplete exempting circumstance of accident. Under 4th par. of article 12, four requisites must be present. If the 2nd requisite and the first part of the 4 th requisite are absent, the case will fall under article 365 which punishes a felony by negligence or imprudence. In effect, there is mitigating circumstance because the penalty is lower than that provided for intentional felony.

Paragraph 2That the offender is under 18 years of age or over 70 years. In the case of the minor, he shall be proceeded against in accordance with article 192 of PD 603.

It contemplates the following:

1. An offender over 9 but under 15 years of age who acted with discernment.2. An offender 15 or over but under 18 years of age3. An offender over 70 years old.

Paragraph 3That the offender had no intention to commit so grave a wrong as that committed.

It can be taken into account only when the facts proven show that there is a notable and evident disproportion between the means employed to execute the criminal act and its consequences.(US vs Reyes 36 Phil 904)

Paragraph 4That sufficient provocation or threat on the part of the offended party immediately preceded the act.Requisites: 1. That the provocation must be sufficient.2. That it must originate from the offended party.3. That the provocation must be immediate to the act, i.e., to the commission of the crime by the person who is

provoked.

Immediate: if there is a break of time before the provocation or threat and the consequent commission of the crime, the law presupposes that during that interval, whatever anger or diminished self-control may have emerged from the offended party had already vanished or disappeared.

CRITERIA:1. TIME. If from the element of time, there is a material lapse of time stated in the problem that the effect of the threat

or provocation had prolonged and affected the offender at the time he committed the crime, then use the criterion based on the time element.

2. However, if there is that time element and at the same time, facts are given indicating that at the time the offender committed the crime, he is still suffering from outrage of the threat or provocation done to him, then he will still get the benefit of a mitigating circumstance.

Paragraph 5That the act was committed in the immediate vindication of a grave offense to the one committing the felony (delito), his spouse, ascendants, descendants, legitimate, natural or adopted brothers or sisters, or relatives by affinity within the same degrees.Requisites:1. That there be a grave offense done to the one committing the felony, his spouse, ascendants, descendants,

legitimate, natural or adopted brothers or sisters, or relatives by affinity within the same degrees;2. That the felony is committed in vindication of such grave offense. A lapse of time is allowed between the vindication

and the doing of the grave offense.

Paragraph 6That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation.Requisites;1. The accused acted upon an impulse;2. The impulse must be so powerful that it naturally produced passion or obfuscation.

When there are causes naturally producing in a person natural excitement, he loses his reason and self-control, thereby diminishing the exercise of his will power.(US vs Salandanan 1 Phil 464)

Passion or obfuscation may constitute a mitigating circumstance only when the same arose from lawful sentiments.

The act of the offended party must be unlawful or unjust.

Exercise of a right or fulfillment of duty is not proper source of passion of obfuscation.(P/P vs Noynay 58 Phil 393)

The passion or obfuscation must arise from an act which is:1. Coming from the offended party.2. unlawful3. naturally strong as to condition the mind of the offender to commit the crime4. Not far removed from the commission of the crime.

Paragraph 7That the offender had voluntarily surrendered himself to a person in authority or his agents, or that he had voluntarily confessed his guilt before the court prior to the presentation of evidence for the prosecution.

Requisites of voluntary surrender:1. That the offender had not been actually arrested.2. That the offender surrendered himself to a person in authority or to the latter’s agent.3. That the surrender was voluntary and spontaneous.

If after committing the crime, the offender did not flee and he went with the law enforcers meekly, voluntary surrender is not applicable.

If after committing the crime, he did not flee, instead waited for the law enforcers to arrive and he surrendered the weapon he used in killing the victim, there is voluntary surrender as he had the opportunity to go into hiding.

Voluntary Plea of GuiltDuring arraignment, not preliminary investigation: voluntary plea of guilt contemplates of an arraignment at which the accused voluntarily enters a plea of guilt and admission of guilt during preliminary investigation is immaterial.

Requisites of Voluntary Plea of Guilt:1) it must be unconditional2) spontaneous3) prior to the presentation of evidence by the prosecution4) at the earliest possible time5) Before a court competent to try the same.

Paragraph 8That the offender is deaf and dumb, blind, or otherwise suffering some physical defect which thus restricts his means of action, defense or communication with his fellow beings.

Physical defect must restrict means of action, defense or communication with fellow beings.This provision does not distinguish between educated and uneducated deaf-mute or blind persons. It considers them on equal footing.

Paragraph 9Such illness of the offender as would diminish the exercise of the will power of the offender without however depriving him of the consciousness of his acts.Requisites:1. That the illness of the offender must diminish the exercise of his will power.2. That such illness should not deprive the offender of the consciousness of his acts.

When the offender completely lost the exercise of will-power, it may be an exempting circumstance.

It is said that this paragraph refers only to diseases of pathological state that trouble the conscience or will.

Paragraph 10And, finally, any other circumstances of a similar nature and analogous to those above mentioned.

This authorizes the court to consider in favor of the accused “any other circumstance of a similar nature and analogous to those mentioned” in pars.1-9 of article 13.

Article 14Aggravating circumstances.

The following are aggravating BASIS:circumstances:

They are based on the greater perversity of the offender manifested in the commission of the crime as shown by:1) the motivating power itself2) the place of commission3) the means and ways employed4) the time5) the personal circumstances of the offender, or the offended party.

Classification:1) Generic-those that generally apply to all crimes2) Specific-those that apply only to a particular crime3) Qualifying-those that change the nature of the crime.4) Inherent-those that must of necessity accompany the commission of the crime.

GENERIC QUALIFYINGCircumstance can be offset by an ordinary mitigating circumstance.

It cannot be offset by any mitigating circumstance

No need to allege this in the information, as long as it is proven during the trial. If it is proven during the trial, the court would consider the same in imposing the penalty.

Must be specifically alleged in the information. If not, but proven during the trial, it will be considered only as generic.

Paragraph 1 and 21. That advantage be taken by the offender of his public position.

2. That the crime be committed in contempt of or with insult to the public authorities.

Requisites:1) the public authority is engaged in the discharge of his duties.2) he is not the person against whom the crime is committed; and3) the offender knows of the identity of the public authority.

Paragraph 3That the act be committed with insult or in disregard of the respect due to the offended party on account of his

rank, age, or sex, or it be committed in the dwelling of the offended party, if the latter has not given provocation.

There must be proof that the accused deliberately intended to offend or insult the age or sex of the offended party. Not applicable in crimes against property. Dwelling should not be understood in the concept of domicile. It must not be the dwelling of the offender. Dwelling need not be owned by the offended party. It is enough that he used the place for his peace of mind,

comfort and privacy.

Paragraph 4 and 54. That the act be committed with abuse of confidence or obvious ungratefulness.

5. That the crime be committed in the palace of the Chief Executive, or in his presence, or where public authorities are engaged in the discharge of their duties or in a place dedicated to religious worship.

Requisites:1) the offended party has trusted the offender.2) the offender abused that trust.3) the abused facilitated the commission of the crime.

If the confidence is reposed by another, the offended party is different from the one who reposed the confidence and abuse of confidence in that case is not aggravating.

Paragraph 6 and 76. That the crime be committed in the nighttime or in an uninhabited place, or by a band, whenever such circumstances may facilitate the commission of the offense.

Whenever more than three armed malefactors shall have acted together in the commission of an offense, it shall be deemed to have been committed by a band.

7. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic, or other calamity or misfortune.

Elements:1) the circumstance of night time2) They facilitate the commission of the crime to conceal the offense, ease the execution or escape.

If all these aggravating circumstances concur in the commission of the crime, all will constitute one aggravating circumstance.

Night time, Requisites:1) night time facilitated the commission of the crime; or2) the offender took advantage thereof;3) it was sought for impunity, or to insure escape, or prevent himself from being identified.

Uninhabited place is determined by the distance of the nearest house to the scene of the crime but whether or not in the place of the commission of the crime, there was a reasonable possibility of the victim receiving some help.

Band, Requisites:1) offenders are at least four2) who are armed3) who took direct part in the execution of the crime.

Paragraph 8That the crime be committed with the aid of armed men or persons who insure or afford impunity.Requisites:1) Armed person took part in the commission of the crime, directly or indirectly.2) Accused availed of their aid or relied upon them when the crime was committed.

It is not aggravating:1) Where the offender and the offended party are equally armed.2) If the person committing the crime and the armed men are in conspiracy. Aid of armed men is absorbed.

Paragraph 9 and 109. That the accused is a recidivist.

I. A recidivist is one who, at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced

II. In the same title of this Code.

10. That the offender has been previously punished for an offense to which the law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty.

RECIDIVISM, defined.Is one who, at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same Title.

Reason for being aggravating:The implication is that the offender is specializing on such kind of crime and the law wants to prevent any

specialization. It does not prescribe Pardon does not erase recidivism, even if it is absolute, because pardon only excuses the service of the penalty, but

not the conviction. If recidivism is not alleged in the information, it shall be considered as a generic aggravating

Habitual delinquency Recidivism Reiteracion Quasi-recidivismFound guilty a third time or oftener.

Once, prior conviction One (or more) previous punishment

One prior conviction

Serious/less serious physical injuries.

An offense embraced in the same Title of the RPC.

One offense which the law attaches an equal or greater

Any offense

Robbery, theft, estafa, or falsification

penalty or two offenses to which the law attaches a lighter penalty.

Imposition of additional penalty.

Generic aggravating Generic aggravating Special aggravating.

Recidivism Quasi-Recidivism2 convictions, at least 2 convictions at leastFelony must be embraced under the same title of the RPC.

Any felony

Imprescriptible 2nd felony must be committed after conviction by final judgment of the 1st but before sentence begins or while serving sentence.

Generic aggravating Special aggravatingNeed not be alleged in the information Must be alleged in order to be considered by the court.

Recidivism Reiteracion2 convictions are enough At least 2 convictions, if the law attaches an equal or greater penalty; at

least 3 if succeeding crimes have lighter penalty. Must already served sentence.

Felony embraced under the same title of the RPC.

Felony depends on the gravity of the penalty attached thereto

Generic aggravating. Generic aggravating

Habitual delinquency ReiteracionAt least 3 convictions At least 2 convictions, if the law attaches an equal or greater penalty; 3 if the

law attaches a lighter penalty.Crimes are specified Crimes are not specified10 years prescriptive period ImprescriptibleSpecial aggravating Generic aggravating

Recidivism Habitual delinquency2 convictions are enough At least 3 convictionsThe crimes are not specified. It is enough that they are embraced under the same title of the RPC

The crimes are limited and specified: a. serious physical injuries, b. less serious physical injuries, c. robbery, d. theft, e. estafa or swindling, and f. falsification.

Imprescriptible The limit of 10 years between every conviction or release from punishment.Generic aggravating Special aggravatingCircumstance need not be alleged in the information

Circumstance must be alleged in the information; otherwise, the court cannot acquire jurisdiction to impose additional penalty.

Paragraph 11 and 1211. That the crime be committed in consideration of a price, reward, or promise.

12. That the crime be committed by means of inundation, fire, poison, explosion, stranding of a vessel or intentional damage thereto, derailment of a locomotive, or by the use of any other artifice involving great waste and ruin.

The inducement must be the PRIMARY CONSIDERATION in the commission of the crime. Both the giver/s and receiver/s are offenders.

Paragraph 13That the act be committed with the evident premeditation.

Conditions:1) the time when the accused determined to commit the crime.2) an act manifestly indicating that the accused has clung to his determination.3) Sufficient lapse of time between such determination and execution, to allow him to reflect upon the

consequences of his act.

Evident premeditation shall not be considered when the crime refers to a different person other than the person premeditated against.

Premeditation must be clear. It is required that there be evidence showing meditation between the time when the offender

determined to commit the crime and the time when the offender executed the act. It must appear that the offender clung to his determination to commit the crime.

Some crimes where evident premeditation is absorbed:1) kidnapping for ransom2) Robbery with force upon things where there is entry into the premises of the offended party.3) estafa through false pretenses where the offender employs insidious means which cannot happen accidentally.

Paragraph 14That craft, fraud, or disguise be employed.

Craft- intellectual cunning or trickery

Fraud- insidious words or machinations

Disguise- to enable the offender to conceal his identity and to escape it must conceal the identity of the offender, if he is recognized, the disguise will not be considered aggravating.

Paragraph 15That advantage is taken of superior strength, or means be employed to weaken the defense.

Intentional employment of excessive means out of proportion to the means of defense available to the offended party.

Paragraph 16That the act be committed with treachery (alevosia).

There is treachery when the offender commits any of the crimes against the person, employing means, methods or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offended party might make.Requisites:1) The malefactors employ such means, methods or manner of execution that ensures his or her safety from the

defensive or retaliatory act of the victim.2) Such means, method or form of execution is consciously or deliberately adopted by the accused.

TREACHERY, defined.The employment of means, method and form in the commission of the crime which tend directly and specially to insure its execution without risk to himself arising from the defense which the offended party might make.

Paragraph 17That means be employed or circumstances brought about which add ignominy to the natural effects of the act.

Ignominy CrueltyShocks moral conscience PhysicalMoral effect of a crime and it pertains to the moral order, whether or not the victim is dead or alive

Pertains to the physical suffering of the victim so the victim has to be alive.

Paragraphs 18, 19 and 2018. That the crime be committed after an unlawful entry.There is an unlawful entry when an entrance is effected by a way not intended for the purpose.

19. That as a means to the commission of a crime a wall, roof, floor, door, or window be broken.

20. That the crime be committed with the aid of persons under fifteen years of age, or by means of motor vehicle, airships, or other similar means.

Paragraph 21That the wrong done in the commission of the crime be deliberately augmented by causing other wrong not necessary for its commission.

There must be evidence showing the accused inflicted the alleged wounds slowly and gradually and that he is delighted in seeing the victim suffer in pain. In the ABSENCE of this effect, there is no cruelty

Article 15 Alternative Circumstances

Alternative circumstances are those which must be taken into consideration as1) aggravating or mitigating according to the nature and effects of the crime, and2) The other conditions attending its commission.

They are:1) relationship2) intoxication3) Degree of instruction and education of the offender.

RELATIONSHIPIt shall be taken when the offended party is the:a) spouseb) ascendantc) descendantd) legitimate, natural or adopted brother or sister, ore) Relative by affinity in the same degree of the offender.

Relationship is exempting when:a) accessory is related to the principal (Art. 20)b) a spouse does not incur criminal liability for a crime of less serious physical injuries or serious physical injuries if it

was inflicted after having surprised the offended spouse and the paramour actually in the act of having sex. (Art. 247)

c) in the crimes of theft, malicious mischief and estafa, if the offender is the spouse, ascendant , or descendant or if the offender is a sister or brother-in-law of the offended party and they are living together. (Art. 332) this is an absolutory cause.

Relationship is qualifying when:a) Qualified seduction: brother (Art. 337)b) Rape (Art. 335): when the victim is under 18 years of age and the offender is a parent, ascendant, step-parent,

guardian, relative by consanguinity or affinity within the third civil degree, or the common-law-spouse of the parent of the victim.

Relationship is mitigating, generally, in crimes against property.

Relationship is aggravating in crimes against person, chastity and honor.

INTOXICATIONIntoxication is ipso facto mitigating, thus if the prosecution wants to deny the offender the benefit of this mitigating, they should prove that it is HABITUAL and INTENTIONAL.

It is mitigating when:The offender has reached that degree of intoxication where he has no control of himself. It is not the number of drinks he had that will determine this but the conduct of the offender, the manner of committing the crime, and his behavior after committing the crime.

DEGREE OF INSTRUCTION AND EDUCATION

It is mitigating in most crimes, EXCEPT where the natural law posits the general and obvious rule that said crime should not be done, like rape, murder, or robbery.

It is aggravating when the offender used his education in the commission of the crime.

Title 2PERSONS CRIMINALLY LIABLE FOR FELONIES

Article 16The following are criminally liable for GRAVE AND LESS GRAVE FELONIES:1) Principals2) Accomplices3) Accessories

The following are criminally liable for LIGHT FELONIES:1) Principals2) Accomplices

It is necessary to classify offenders when more than 1 took part in the commission of the crime to determine the proper penalty. If only 1 person committed a crime, do not use the term principal.

When there are several participants, the first thing to do is find out if there is CONSPIRACY. However, if the participation of 1 is so insignificant, such that even without his cooperation, the crime would be committed just as well, then notwithstanding the existence of a conspiracy, such offender may be regarded only as an accomplice. The reason for this is that the law favors a milder form of criminal liability if the act of the participant does not demonstrate clear perversity.

Article 17The following are considered principal:1) Those who take a direct part in the execution of the act;

2) Those who directly force or induce others to commit it;3) Those who cooperate in the commission of the offense by another act without which it would not have been

accomplished.

INDUCEMENT:One strong enough that the person induced could hardly resist. This is tantamount to an irresistible force

compelling the person induced to carry out the execution of the crime.

Ill advised language is not enough, unless he who made such remark or advice is a co-conspirator in the crime committed.

Ways of becoming a principal by inducement:1. by directly forcing another to commit a crime, and by using irresistible force; by causing uncontrollable fear.

2. by directly inducing another to commit a crime. By giving price or offering reward or promise; By using words of command.

Requisites:1) that the inducement be made directly with the intention of procuring the commission of the crime.2) that such inducement be the determining cause of the commission of the crime.

The one who induced is merely an accomplice if he merely goaded or provided encouragement to the offender.

If the inducement was made while the crime is already taking place, inducement cannot be said to be the reason for the felonious act.

Who may be considered as a principal by indispensable cooperation?The basis is the importance of the cooperation to the consummation of the crime. If the crime could hardly be committed without such cooperation, then such cooperation would bring about a principal. But if the cooperation merely facilitated or hastened the consummation of the crime, this would make the cooperator merely an accomplice.In case of doubt, favor the lesser penalty/liability.

Article 18Accomplices are those persons who, not being included in article 17, cooperate in the execution of the offense or simultaneous acts. Accessories before the fact The cooperation is not indispensable.

Requisites:a. That there be community of design; i.e., knowing the criminal design of the principal by direct participation, he

concurs with the latter in his purpose;b. That he performs previous or simultaneous acts that are not indispensable to the commission of the crime.

Accomplice Co-conspiratorLiability is 1 degree lower than that of the principal. Liability is collective, not individual.Came to know of the criminal intention after the principals have reached a decision.

Know of the criminal intention as he is one of the authors.

Merely concur and cooperate in the commission of the crime.

Decide to commit the crime.

Merely the instruments who perform essential acts for the perpetration of the offense.

Authors of the crime.

Acts are not indispensable. Acts are indispensable.

Article 19

Accessories are those who, having knowledge of the commission of the crime, and without having participated therein, either as principals or accomplices, take part subsequent to its commission in any of the following manners:

1. By profiting themselves or assisting the offender to profit by the effects of the crime.2. By concealing or destroying the body of the crime, or the effects or instruments thereof, in order to prevent its

discovery.3. by harboring, concealing or assisting in the escape of the principals of the crime, provided the accessory acts with

abuse of his public functions or whenever the author of the crime is guilty of treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is known to be habitually guilty of some other crime.

One cannot be an accessory unless he knows of the commission of the crime. One must not have participated in the commission of the crime. The accessory comes into the picture when the crime is already consummated.

Instances when an accessory may be convicted without conviction on the part of the principal:1) if the act committed by the accessory is under subsection 1 and 2;2) if the principal is acquitted by reason of an exempting circumstance;3) if the principal is not in the custody of proper authorities;4) if the accessory helped the principal to escape.

Article 20The penalties prescribed for accessories shall not be imposed upon those who are such with respect to their

Spouses, Ascendants, Descendants, Legitimate, natural and adopted brothers and sisters, or Relatives by affinity within the same degreeWith the SINGLE EXCEPTION of accessories falling within the provisions of paragraph 1 of the next preceding article.

An accessory is not also liable if the felony committed is a light felony.

Title 3 PENALTIES

PENALTY, defined. It is the suffering that is inflicted by the state for the transgression of a law.

Judicial conditions of penalty:1. Must be productive of suffering, without however affecting the integrity of the human personality2. Must be proportional/commensurate with the offense.3. Must be personal4. Must be legal5. Must be certain6. Must be equal for all7. Must be correctional

Theories Justifying Penalty:

1. PREVENTION – the state must punish the criminal to prevent or suppress the danger to the state arising from the criminal acts of the offender.2. SELF-DEFENSE – the state has a right to punish the criminal as measure of self-defense so as to protect society from the threat and wrong inflicted by the criminal.3. REFORMATION – the object of punishment in criminal cases is to correct and reform the offender.4. EXEMPLARITY – the criminal is punished to serve as example to deter others from committing crimes.5. JUSTICE – that crime must be punished by the state as an act of retributive justice, a vindication of absolute right

and moral law violated by the criminal.

MEASURES OF PREVENTION OF SAFETY WHICH ARE NOT CONSIDERED PENALTIES:

The arrest and temporary detention of accused persons as well as their detention of accused person as well1. as their detention by reason of insanity, or imbecility or illness requiring their confinement in a hospital.2. The commitment of a minor to any of the institutions mentioned in Art. 80 for the purposes specified therein.3. Suspension from the employment or public office during the trial or in order to institute proceedings.4. Fines and other corrective measures, which, in the exercise of their administrative disciplinary powers, superior

officials may impose upon their subordinate.5. Deprivation of rights and reparations which the civil laws may establish in penal form.

The RPC specifies that such detention shall not be considered as a penalty but merely a preventive measure because this gives justification for detaining the accused. Otherwise, the detention would violate the constitutional provision that no person shall deprived of life, liberty and property without due process of law. And also, the constitutional right of an accused to be presumed innocent until the contrary is proved.

CLASSIFICATION OF PENALTY:

1. PRINCIPAL PENALTIES – those expressly imposed by the court in the judgment of conviction.

Principal penalties may either be:- divisible and does that have fixed duration and are divisible into three (3) periods:- indivisible those which have no fixed duration

Indivisible penalties are:- death- reclusion perpetua- perpetual absolute or special disqualification- public censure

CLASSIFICATION OF PENALTIES:

AS TO SUBJECT MATTER AS TO GRAVITYCorporal (death) CapitalDeprivation of freedom (reclusion, prision, arresto) AfflictiveRestriction of freedom (destierro) CorrectionalDeprivation of rights (disqualification and suspension) LightPecuniary fine

DURATION OF EACH DIFFERENT PENALTIES:

1. PERPETUAL PENALTIES – convict pardoned after undergoing the penalty for 30 years, except when he is not worthy of pardon by reason of his conduct or some other serious cause.

2. RECLUSION TEMPORAL – 12 years and 1 day to 20 years.3. PRISION MAYOR AND TEMPORARY DISQUALIFICATION – 6 years and 1 day to 12 years, except when

disqualification is accessory penalty, in which case its duration is that of the principal penalty.4. PRISION CORRECTIONAL, SUSPENSION AND DESTIERRO – 6 months and 1 day to 6 years, except when

suspension is an accessory penalty, in which case its duration is that of the principal penalty.5. ARRESTO MAYOR – 1 month and 1 day to 6 months.6. ARRESTO MENOR – 1 day to 30 days7. BOND TO KEEP THE PEACE – the period during which the bond shall be effective is discretionary to the

court.

DESTIERRO – Is a punishment whereby a convict is banished to a certain place and is prohibited from entering or coming near that place designed in the sentence, within a radius not less than 25 kilometers, nor more than 250 kilometers.

If the convict should enter the prohibited places, he commits the crime of Evasion of Service of sentence under ART. 157, RPC.

DESTIERRO IS IMPOSED IN THE FOLLOWING SITUATIONS:

1. When a legally person who had surprised his or her spouse in the act of sexual intercourse with another and while in that act, or immediately thereafter, should kill or inflict serious physical injuries upon the other spouse and/or the paramour or mistress.

2. In the crime of grave threat or light threat, when the offender is required to put a bond for good behavior but failed or refused to do so under ART. 284, such convict shall be sentenced to Destierro so that he would not be able to carry out his threat.

3. In the crime of concubinage, the penalty prescribed for the concubinage is Destierro under ART. 334.4. Where the penalty prescribed by law is Arresto Mayor but then, the offender is entitled to a privileged mitigating

circumstance and lowering the prescribed penalty by one degree, the penalty one degree lower is Destierro. So it shall be the penalty to be imposed.

Death Penalty shall not be imposed in the following instances:1. When the guilty person is below 18 years of age at the time of the commission of the crime.2. Is more than 70 years of age.3. when upon appeal or automatic review of the case by the Supreme Court, the required majority vote is not obtained

for the imposition of he death penalty, in which cases the penalty shall be reclusion perpetua,

Situations in which the execution of death penalty be suspended:1. if convict is pregnant, or within 1 year after her delivery2. convicts become insane or an imbecile after conviction3. court orders suspension by reason of:

a. doubt as to the identity of the convict b. there is a request for executive clemency

4. President grants reprieve.

RULES FOR THE COMPUTATION OF PENALTIES:

1. WHEN THE OFFENDER IS IN PRISON – the duration of temporary penalties is from the day on which the judgment of conviction becomes final.

2. WHEN THE OFFENDER IS NOT IN PRISON – the duration of the penalty consisting in deprivation of liberty, is from the day that the offender is placed at the disposal of judicial authorities for the enforcement of the penalty.

3. THE DURATION OF OTHER PENALTIES – the duration is from the day on which the offender commences to serve his sentence.

If on appeal, the service of sentence should commence from the date of the promulgation of the decision of the appellate court, not from the date the judgment of the trial court was promulgated.

PREVENTIVE IMPRISONMENT

The accused undergoes preventive imprisonment when the offense charged is non-bailable or even if bailable he cannot furnish the required bill.

Preventive imprisonment shall be credited in the service of their sentence with the full time during which they have undergone it; PROVIDED: he agrees voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners:

If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted prisoners, he shall be credited in the service of his, sentence with four-fifths (4/5) if the time during which he has undergone preventive imprisonment.

OUTLINE OF ACCESSORY PENALTIES INHERENT IN PRINCIPAL PENALTIES:

DEATH RECLUSION PERPETUA/ TEMPORAL

PRISION MAYOR PRISIONCORRECTIONAL

Perpetual absolute disqualification

Civil interdiction for life or during the sentence

Temporary absolute disqualification

Suspension from public office, profession or calling

Civil interdiction during 30 years, if not expressly remitted in the pardon

Perpetual absolute disqualification, unless expressly remitted in the pardon of the principal penalty

That of perpetual special disqualification from suffrage, unless expressly remitted in the pardon of the principal penalty

Perpetual special disqualification from suffrage, if the duration of imprisonment exceeds/ 8 months, unless expressly remitted in the pardon of the principal penalty

DESTIERRO has no accessory penalty.

Effects of the penalties of perpetual or temporary absolute disqualification:1. The deprivation of the public offices and employments which the offender may have held even if conferred by popular election.2. The deprivation of the right to vote in any election for any popular office or to be elected to such office.3. The disqualification for the offices or public employments and for the exercise of any of the rights mentioned.4. The loss of all rights to retirement pay or other pension for any office formerly held.5. In case of temporary disqualification, the disqualification in 2 and 3 shall last during the term of the sentence. In absolute disqualification, all these effects last during the lifetime of the convict and even after the service of the sentence.

Effects of the penalties of perpetual or temporary special disqualification:1. The deprivation of the office, employment, profession, or calling affected;2. The disqualification for holding similar offices or employments either perpetually or during the term of the sentence

according to the extent of such disqualification.

Special disqualification for the exercise of the right of suffrage:1. Deprivation of the right to vote or to be elected to an office;2. Cannot hold any public office during the period of disqualification.

CIVIL INTERDICTION, defined.It is the deprivation of the following rights:

1. parental authority2. guardianship over the person or property of the ward3. marital authority4. Right to manage property and to dispose of the same.

Bond to keep peace Bond for good behaviorA principal penalty, not an accessory penalty. This penalty is not found in article 25.No particular felony where this is prescribed. This is a penalty particular to article 284- grave or

light threats.The consequence of failure to put up this bond is imprisonment for 6 months or 30 days depending on whether the felony committed is grave or less grave felony or light.

Failure to put up a bond results in destierro.

PECUNIARY LIABILITIES:

1. the reparation of the damage caused.1. indemnification of the consequential damages2. fine3. costs of proceedings

1 and 2 are payable to the offended party. 3 and 4 are payable to the state.

When is it applicable?It is applicable “in case the property of the offender should not be sufficient for the payment of all his pecuniary liabilities. Hence, if the offender has sufficient or no property, it is not applicable.

SUBSIDIARY PENALTY, defined.It is a subsidiary personal liability to be suffered by the convict who has no property with which to meet the fine at the rate of one day for each 8 pesos, subject to the rules provided in Article 39.

SUBSIDIARY PENALTY IS APPLIED WHEN:

1. If the subsidiary penalty prescribed for the non payment of fine which goes with the principal penalty, the maximum duration of the subsidiary penalty is one year, so there is no subsidiary penalty that goes beyond one year. But this will only be true if the one year period is higher than 1/3 of the principal penalty, the convict cannot be made to undergo subsidiary penalty more than 1/3 of the duration of the principal penalty and in no principal penalty – whichever is lower.

2. If the subsidiary penalty is to be imposed for non payment of fine and the principal penalty imposed be fine only, which is a single penalty, that means it does not go with another principal penalty, the most that the convict will be required to undergo subsidiary imprisonment is 6 months, if the felony committed is grave or less grave, otherwise, if the felony committed is slight the maximum duration of the subsidiary penalty is only 15 days.

When is it proper?It is proper when the convict is insolvent and:

1. when there is a principal penalty of imprisonment or any other principal penalty and carries with it a fine; and

2. When the penalty is only a fine.

Penalty Duration of stayPrision correccional or arresto and fine

Remain under confinement until his fine is satisfied; but it shall not exceed 1/3 of the term of sentence, and not more than 1 year.

Fine a. grave or less grave felony: not more than 6 months.b. Light: not more than 15 days

Higher than Prision Correccional No imprisonmentNot confinement in a penal institution, but penalty is of fixed duration

Follow above rules

FINE: Subsidiary penalty applies only for the non-payment of the fine, criminal aspect; and not the civil aspect. The latter is what article 38 contemplates. PUBLIC CENSURE AND FINE: If the penalty is public censure and fine even if the public censure is a light penalty, the convict cannot be required to pay the fine for subsidiary penalty for the non payment of the fine because public censure is a penalty that has no fixed duration. DESTIERRO AND FINE: The convict can be required to undergo the subsidiary penalty, as destierro, though not imprisonment is still a penalty to be served. Hence, subsidiary penalty applies. TOTALITY OF PENALTY UNDER THE 3-FOLD RULE: Do not consider the totality of the imprisonment that the convict is sentenced to but consider the totality or the duration of the imprisonment that the convict will be required to serve under the 3-fold rule. If the totality of the imprisonment under this rule does not exceed 6 years, then even if the totality of the sentences without applying the 3-fold rule will go beyond 6 years, the convict shall be required to undergo subsidiary penalty if he could not pay the fine.

COMPLEX CRIMEWhen a single act constitutes 2 or more grave or less grave felonies, or when an offense is a necessary means for committing the other, the penalty for the most serious crime shall be imposed, the same to be applied in its maximum period.

Philosophy behind:The treatment of plural crimes as one is to be lenient to the offender, who, instead of being made to suffer distinct penalty only, although it is the penalty for the most serious one and in the maximum period. It is in consonance with the doctrine of pro-reo.A complex crime is either:

1. A single act constituting 2 or more grave or less grave felonies;2. An offense is a necessary means for committing the other-COMPLEX CRIME PROPER.

Forms:1. Compound crimes2. Complex Crime Proper3. Composite Crime4. Continued Crime

1. Compound crimesOffender performs a single act and produces 2 or more crimes; no regard for the gravity of crimes, as long as there is only 1 act.

Requisites:1. that only a single act is performed by the offender;2. that the single act produces:

a. 2 or more grave feloniesb. I or more grave or I or more less grave feloniesc. 2 or more less grave felonies.

2. Complex Crime ProperRequisites:1. at least 2 offenses are committed2. 1 or some of the offenses must be necessary to commit the other

3. Both or all the offenses must be punishable under the Revised Penal Code.

One was used to facilitate the commission of the crime.

3. Composite CrimeAre special complex crimes composed of two felonies, punishable under a separate article in the Revised

Penal Code. In substance, it is made up of more than 1 crime but in the eyes of the law there is only a single indivisible crime. (Robbery with Homicide/Rape)

4. Continued CrimeThis is a single crime consisting of a series of overt acts arising from a single criminal resolution or intent not

susceptible of division.

Test:There must be singularity of act, singularity of singular impulse is not written into the law. So long as the act or

acts complained of resulted in a single criminal impulse, it is usually held to constitute a single offense to be punished with the penalty corresponding to the most serious crime, imposed on its maximum period. The test is not whether one of the two offenses is an essential element of the other.

Is a Continued crime a continuing crime? If not, what is the difference?

A continued crime must be understood in the light of substantive law, while continuing crime, in the light of procedural law. The term ‘continuing’ here must be understood in the sense similar to that of ‘transitory’ and is only intended as a factor in determining the proper venue or jurisdiction for that matter of the criminal action pursuant to Section 14, Rule 110 of the Rules of Court. This is so, because “a person charged with a transitory offense may be tried in any jurisdiction where the offense is in part committed.The penalty for the most serious crime shall be imposed, the same to be applied in its maximum period.

PENALTY PRESCRIBED TO A CRIME IS LOWERED BY DEGREES IN THE FOLLOWING CASES:

1. When the crime is only attempted or frustrated.

If it is frustrated, penalty is one degree lower than that prescribed by law. If it is attempted, penalty is two degrees lower than that prescribed by law.

2. When the offender is an accomplice or accessory only:

Penalty is 1 degree lower in case of an accomplice Penalty is 2 degrees lower in the case of an accessory.

3. When there is a privilege mitigating circumstance in favor of the offender, it will lower the penalty by 1 or 2 degrees than that prescribed by the law depending on what the particular provision of the RPC states.

4. When the penalty prescribed for the crime committed is a divisible penalty and there are two or more ordinary mitigating circumstances and no aggravating circumstances whatsoever, the penalty next lower in degree shall be the one imposed.

5. Whenever the provision of the code specifically lower the penalty by one or two degrees than what is ordinarily prescribed for the crime committed.

DIAGRAM

CONSUMMATED FRUSTRATED ATTEMPTED

Principals 0 1 2Accomplices 1 2 3Accessories 2 3 4

THREE-FOLD RULE

According to the 3 fold rule, the maximum duration of the convict’s sentence shall not be more than 3 times the length of time corresponding to the most severe of the penalties imposed upon him.

If only 2 or 3 penalties corresponding to different crimes committed by the convict are imposed, it is hardly possible to apply the 3 fold rule.

Sentences must be more than 3 and served successively, not simultaneously. Immaterial if sentences are the product of 1 information in court; sentences are promulgated by different courts on different days.

The 3-fold rule must be used only when the product of the greatest penalty multiplied by 3 is less than the sum of all the penalties t be imposed.

For purposes of the rule, indivisible penalties shall be given an equivalent duration of 30 years, so that if he will have to suffer several perpetual disqualification, under the rule, you take the most severe and multiply it by 3. The rule does not apply to the penalty prescribed but to the penalty imposed as determined by the court.

EXECUTION AND SERVICE OF PENALTY

“No penalty shall be executed except by virtue of a final judgment” The judgment must be final before it can be executed because the accused may still appeal within 15 days from its promulgation. But if the dependant has expressly waived in writing his right to appeal, the judgment becomes final immediately.

RULES IN SUSPENSION OF THE EXECUTION AND SERVICE OF PENALTIES IN CASE OF INSANITY:

1. When a convict becomes insane or imbecile after final sentence has been pronounced, the execution of said sentence is suspended only as regards the personal penalty.2. If he RECOVERS his reason, his sentence shall be executed, unless the penalty has prescribed.3. Even if while serving his sentence, the convict becomes insane or imbecile, Article 79 shall be observed.4. But the payment of his civil or pecuniary liabilities shall not be suspended.

Title 4EXTINCTION OF CRIMINAL LIABILITY

There are two (2) classifications when Criminal Liability are extinguished:a. TOTALa. PARTIAL

CRIMINAL LIABILITY IS TOTALLY EXTINGUISHED AS FOLLOWS:

1. By the death of the convict as to personal penalties, and as to the pecuniary penalties, liability therefore is extinguished only when the death of the offender occurs before final judgment.

The death of the convict, whether before or after final judgment, extinguishes criminal liability, because one of the juridical conditions of penalty is that it is PERSONAL. At this instance, his civil liability is also extinguished. While the case is on appeal, the offender dies, the case on appeal will be dismissed. The offended party may file a separate civil action under the Civil Code if any other basis for recovery of civil liability exists as provided under Art. 1157 of the Civil Code.

2. By service of sentence

Crime is debt incurred by the offender as a consequence of his wrongful act and the penalty is but the amount of his debt. Service of sentence does not extinguish the civil liability.

3. By amnesty which completely extinguishes the penalty and all its effects

AMNESTY, Defined.It is an act of the sovereign power granting oblivion or a general pardon for a past offense and is rarely, if ever, exercised in the favor of a single individual, and is usually exerted in behalf of certain classes of persons, who are subject to trial but have not yet been convicted.

Amnesty erases not only the conviction but also the crime itself. While amnesty wipes out all traces and vestiges of the crime, it does not extinguish the civil liability of the offender.

4. By absolute pardon.

PARDON. Defined.It is an act of grace proceeding from the power entrusted with the execution of the laws which exempts the individual on whom it is bestowed from the punishment of the law inflicts for the crime he has committed.

Pardon, whether absolute or conditional, is in the nature of a deed, for the validity of which delivery is an indispensable requisite.

AMNESTY AND PARDON DISTINGUISHED.PARDON AMNESTY

- includes any crime and is exercised individually by the president

- is a blanket of pardon to classes of persons on communities who may be guilty of political offenses

- exercised when the person is already convicted - may be exercised even before trial or investigation is had

- pardon looks forward and relieves the offender from the consequences of an offense or which he has been convicted, that is its abolishes or forgives the punishment

- amnesty looks backward and abolishes and puts into oblivion the offense itself.

- pardon being a private act of the President must be - amnesty being by proclamation of the chief executive

pleaded and proved by the person pardoned with the concurrence of Congress, is a public act of which the courts should take judicial notice

* BOTH DO NOT EXTINGUISH THE CIVIL LIABILITY OF THE OFFENDER

5. By prescription of the crime.

It is the forfeiture or loss of the right of the state to prosecute the offender after the lapse of a certain time. Prescription of the crime begins, as a general rule on the day of the crime was committed, unless the crime was

concealed, not public, in which case, the prescription thereof would only commence from the time the offended party or the government learns of the commission of the crime.

Prescription of the crime is not waivable.

The prescription of the felony is suspended when:1. When a complaint is filed in a proper barangay for conciliation or mediation but the suspension of the prescriptive

period is good only for 60 days, after which the prescription will resume to run, whether the conciliation or mediation is terminated or not.

2. When criminal case is filed in the Fiscal’s Office, the prescription of the crime is suspended until the accused is convicted or the proceeding is terminated for a cause not attributable to the accused.

3. But where the crime is subject to summary Procedure, the Prescription of the crime will be suspended only when the information is already filed with the trial court. It is not the filing of the complaint, but the filing of the information in the trial court which will suspend the prescription.

The prescription of penalty, the period will only commence to run when the convict has began to serve the sentence.

Prescription of CrimesReclusion perpetua or temporal 20 yearsPunishable by afflictive penalties 15 yearsPunishable by correctional penalties 10 yearsPunishable by Arresto Mayor 5 yearsCrime of libel/similar offenses 1 yearOral defamation/slander by deed 6 monthsLight Offenses 2 months

In computing the period for prescription, the first day is to be excluded and that last day included When fine is an alternative penalty higher than the other penalty which is imprisonment – the prescription is based

on the fine

* Whether it is prescription of crime or penalty, if the subject left the country, and went in a country with which the Philippines has no extradition treaty, the prescriptive period shall remain suspended whenever he is out of the country.

PRESCRIPTION OF PENALTIESDeath and Reclusion Perpetua 20 yearsAfflictive Penalties 15 yearsCorreccional Penalties 10 yearsArresto Mayor 5 yearsLight Penalties 1 year

6. By the marriage of the offended woman.

In cases of rape, seduction, abduction or acts of lasciviousness. Hence, marriage contracted only to avoid criminal liability is devoid of legal effects.

CRIMINAL LIABILITY IS EXTINGUISHED AS FOLLOWS:

1. By conditional pardon.

Conditional pardon delivered and accepted is considered a contract between the sovereign power of the Executive and the convict that the former will release the latter upon compliance with the condition.

PRESCRIPTION OF PENALTIESDeath and Reclusion Perpetua 20 yearsAfflictive Penalties 15 yearsCorreccional Penalties 10 yearsArresto Mayor 5 yearsLight Penalties 1 year

2. By commutation of the sentence.

It is a change in the decision of the Court made by the Chief Executive by reducing the degree of the penalty inflicted upon the conflict, or by decreasing the length of the imprisonment or the amount of the fine.

INSTANCES WHERE COMMUTATION IS APPLIED:

1. When the convict sentenced to death is over 70 years of age.2. When 10 justices of the Supreme Court fail to reach a decision for the affirmation of the death penalty

3. For good conduct allowances which the culprit may earn while he is serving sentence.

This includes the allowance for loyalty under Article 98 in relation to Article 158.

4. by parole.

PAROLE, defined.Parole consists in the suspension of the sentence of a convict after serving the minimum term of the indeterminate penalty, without granting a pardon, prescribing the terms upon which the sentence shall be suspended.

The mere commission not conviction by the Court, of any crime is sufficient to warrant parolees arrest and reincarnation.

DISTINCTION BETWEEN CONDITIONAL PARDON AND PAROLE

CONDITIONAL PARDON PAROLE- may be given at anytime after final judgment - may be given after the prisoner has served the minimum

penalty- granted by the Chief Executive under the provisions of the Administrative Code

- granted by the Board of Pardons and Parole under the provision of the Indeterminate Sentence Law

- for violation of the conditional pardon, the convict may be ordered rearrested or reincarnated by the Chief Executive or may be prosecuted under Art. 159 of the Code

- for violation of the terms of the parole, the convict cannot be prosecuted under Art. 159. He can be rearrested and reincarcerated to serve the unserved portion of his original penalty

OBLIGATIONS OF THE PERSON GRANTED CONDITIONAL PARDON

1) He must comply strictly with the conditions imposed on the pardon.

2) Failure to comply with the conditions shall result in the revocation of the pardon.

3) He becomes liable under Art. 159. This is the Judicial remedy.

Title 5CIVIL LIABILITY

Article 20, New Civil Code (NCC). “Every person who, contrary, to law, willfully or negligently causes damage to another shall indemnify the latter for the same.

1161, NCC.“Civil obligations arising from criminal offenses shall be governed by the penal laws, subject to the provisions of Article 2177, and of the pertinent provisions of Chapter 2, Preliminary Title, on Human Relations and Title XVIII of this book, regulating damages:

The basis of civil liability is the obligation of everyone to repair or to make whole the damage caused to another by reason of his act or omission, whether done intentionally or negligently and whether or not punishable by law.

If the felony committed could not or did not cause any damage to another, the offender is not civilly liable even if he is criminally liable for the felony committed.

Extinction of the penal action does not carry with it extinction of the civil liability, unless the extinction proceeds from a declaration in a final judgment that the fact, from which the civil liability might arise did not exist.

CIVIL LIABILITY MAY EXIST, ALTHOUGH THE ACCUSED IS NOT HELD CRIMINALLY LIABLE, IN THE FOLLOWING CASES:

1. Acquittal on REASONABLE DOUBT – when the guilt of the offender has not been proved beyond reasonable doubt, a civil action for damages for the same act or omission may be instituted.

2. Acquittal from A CAUSE OF NON-IMPUTABILITY – the exemption from criminal liability in favor of an imbecile insane person, etc.

3. ACQUITTAL IN THE CRIMINAL ACTION FOR NEGLIGENCE does not preclude the offended party from filing a civil action to recover damages, based on the new theory that the act is a quasi-delict.

4. WHERE THERE IS ONLY CIVIL RESPONSIBILITY – when the Court finds and so states in its judgment that there is only civil responsibility, and not criminal responsibility, and that this finding is the cause of the acquittal.

5. IN CASES OF INDEPENDENT CIVIL ACTIONS under Article 31, 32, 33, 34, and 1167 of NCC.

CIVIL LIABILITY OF THE OFFENDER FALLS UNDER THREE CATEGORIES:

1. RESTITUTION AND RESTORATION Restitution or restoration presupposes that the offended party was divested of property, and such property must be

returned. If the property is in the hands of a third person/party, the same shall nevertheless be taken from him and restored to

the offended party, even though such third party may be a holder for value and a buyer in good faith of the property, except when such third party buys the property from a public sale where the law protects the buyer.

Restitution is applicable only to crimes against property. The obligation of the offender transcends to his heirs, even if the offender dies, provided he died after judgment

became final, the heirs shall assume the burden of the civil liability, but this is only to the extent that they inherit property from the deceased, if they do not inherit, they cannot inherit the obligations.

The right of the offended party transcends to heirs upon death. The heirs of the offended party step into the shoes of the latter to demand civil liability form the offender.

2. REPARATION

When the stolen property cannot be returned because it was sold to an unknown person, he will be required by the Court if found guilty to pay the actual price of the thing plus its sentimental value.

3. INDEMNIFICATION FOR CONSEQUENTIAL DAMAGES

1. It is ordinarily the remedy granted to the victims of crimes against persons2. Indemnification of consequential damages refers to the loss of earnings, loss of profits. This does not refer only

to the consequential damages suffered by the offended part, this also includes consequential damages to third party who also suffers because of the commission of the crime.

SUBSIDIARY LIABILITY

Requisites:1. The employer must be engaged in business or in trade or industry while the accused was his employee.2. At the time the crime was committed the employer-employee relationship must be existing between the two;3. The employee must have been found guilty of the crime charged and accordingly held civilly liable; and4. the writ of execution for the satisfaction of the civil liability was returned unsatisfied because the accused-

employee does not have enough property to pay the civil liability.o all the requisites must concuro there is no need to file a civil action against the employer in order to enforce the subsidiary civil liability for the crime committed by his employee, it is enough that the writ of execution is returned unsatisfied

SUBSIDIARY CIVIL LIABILITY IS IMPOSED IN THE FOLLOWING:

1. In case of a felony committed under the compulsion of an irresistible force. The person who employed the irresistible force is subsidiarily liable.

2. In case of a felony committed under an impulse of an equal or greater injury. The person who generated such an impulse is subsidiarily liable.

3. The owners of taverns, inns, hotels, motels, where the crime is committed within their establishment die to non-compliance with general police regulations, if the offender who is primarily liable cannot pay the proprietor, or owner is subsidiarily liable.

4. Felonies committed by employers, pupils, servants, in the course of their employment, schooling or household chores. The employer, master, teacher is subsidiarily liable civilly, while the offender is primarily liable.

5. In case the accomplice and the principal cannot pay, the liability of the person subsidiary liable is absolute.

Penalties Time included in the penalty in its entirety

Time included in its minimum period

Time included in its medium period

Time included in its maximum period

Reclusion Temporal From 12 years and 1 day to 20 years

From 12 years and 1 day to 14 years and 8 months

From 14 years, 8 months and 1 day to 17 years

From 17 years, 4 months and 1 day to 20 years

Prision Mayor, absolute disqualification and special temporary disqualification

From 6 years and 1 day to 12 years

From 6 years and 1 day to 8 years

From 8 years and 1 day to 10 years

From 10 years and 1 day to 12 years

Prision Correccional, suspension and destierro

From 6 months and 1 day to 6 years

From 6 months and 1 day to 2 years and 4 months

From 2 years, 4 months and 1 day to 4 years and 2 months

From 4 years 2 months and 1 day to 6 years

Arresto Mayor From 1 month and 1 day to 6 months

From 1 month and 1 day to 2 months

From 2 months and 1 day to 4

From 4 months 1 day to 6 months

monthsArresto Menor From 1 to 30 days From 1 to 10

daysFrom 11 to 20 days

From 21 to 30 days

REPUBLIC ACT NO. 9346 – An Act Prohibiting the Imposition of Death Penalty in the Philippines –

in lieu of the death penalty, the following shall be imposed:reclusion perpetua – Revised Penal Codelife imprisonment – Special Lawsnot eligible for parole under the Indeterminate Sentence Law : persons convicted of offenses punished by reclusion perpetua, or whose sentence will be reduced to reclusion perpetua

On April 28, 2006, Gloria Arroyo signed into law Republic Act 9344 otherwise known as “ JUVENILE JUSTICE and WELFARE ACT OF 2006”. The law became effective on May 21, 2006.

Under R.A. 9344, minors aged fifteen (15) and below are now absolutely exempt from criminal liability. If a minor above fifteen (15) but below eighteen (18) commits a crime, he is not exempt from criminal liability unless it is shown that he acted with discernment. However, should the minor above fifteen but below eighteen be found guilty, R.A. 9344 also mandates the Courts to automatically suspend the sentence. In all cases, the minor offender must be referred to the appropriate government agency for rehabilitation.

Conditions for suspension of sentence of minor:

1. The crime committed should not be punishable by the penalty of life imprisonment or the death penalty.2. The minor should not have been given the benefit of suspension of sentence before.3. The age of the minor at the time of the promulgation of judgment must be below eighteen (18), even though at

the time of the commission of the crime, he was over nine (9) and below fifteen (15) years of age.4. If the offender is above fifteen (15), but below eighteen (18), there is no exemption anymore but he is also

given the benefit of a suspended sentence under the three preceding conditions. If the sentence is promulgated, the court will impose a penalty one (1) degree lower and in the proper periods subject to rules in Art. 64.

Note: Under Section 5 of R.A. 8539 (Family Court Law), there is no need to apply for or file a Petition for a suspension of sentence. The law mandates an automatic suspension of service of sentence of the youthful offender.

Also, the provisions of R.A. 9344 must be taken into account.

REPUBLIC ACT NO. 9344 – Juvenile Justice and Welfare Act of 2006

Rights of the child in conflict with the law:

1. right against torture or other cruel, inhuman or degrading treatment or punishment;2. right against imposition of the capital punishment or life imprisonment, without the possibility of release3. Right against deprivation of liberty; detention or imprisonment as last resort, and shall be for the shortest appropriate period of time;4. Not to be detained together with adult offenders;5. to maintain contact with family;6. access to legal and other appropriate assistance;7. right to challenge legality of detention and to a prompt decision on such action8. right to bail and recognizance9. to be a witness in his behalf under the rule on examination of a child witness10. right to have his privacy respected fully at all stages of the proceedings11. right to diversion if qualified or voluntarily avails of the same12. right to be imposed a judgment under the principle of restorative justice13. right to the imposition of fine as a matter of discretion14. right to automatic suspension of sentence15. right to probation, if qualified16. right to be free from liability for perjury, concealment or misrepresentation17. other rights as provided by existing laws, rules and regulations

Minimum Age of Criminal Responsibility

15 y/o or below at the time of the commission of the offense shall be EXEMPT from criminal liability, but will be subjected to the intervention program.Above 15 but below 18 y/o shall be EXEMPT from criminal liability and be subjected to an intervention program, UNLESS he has acted with discernment, in which case he shall be subjected to the appropriate proceedings under this Act,-does not include exemption from civil liability

BOOK TWOTITLE ONE

CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

Art.. 114: TREASON

ELEMENTS:

1. that the offender is a Filipino citizen or an alien residing in the Philippines;2. that there is a war in which the Philippines is involved;3. that the offender either

a. levies war against the government, orb. adheres to the enemies, giving them aid and comfort

TREASON DEFINED:

a breach of allegiance to a government, committed by a person who owes allegiance to it.

It is a violation by the subject of his allegiance to his sovereign or to the supreme authority of the State.

E.O. 44 amended Art.114 in that prior to this order, only Filipino citizens are held liable for treason.- Under E.O. 44, resident aliens may now be held liable for Treason.

- Allegiance is the obligation of fidelity and obedience which the individuals owe to the government under which they live or to their sovereign, in return for the protection they receive.

- Allegiance referred to in the crime of Treason may be permanent or temporary.

- Treason cannot be committed in time of peace; it is a war crime.

- Treasonable acts may actually be perpetrated during peace, but there are no traitors until war has started.

- Treason is punished by the State as a measure of self defense and self preservation. The law of Treason is an emergency measure.

Two modes of committing Treason:

1. Levying war against the government- Levying war requires the concurrence of:a. An actual assembling of men;b. The purpose of which is to execute a treasonable design by force.- The levying of war must be with the intent to overthrow the government and not merely to resist a particular

statute or to repel a particular officer.- The levying of war must be in collaboration with a foreign enemy, otherwise the offender shall be held liable

for Rebellion and not for Treason.

2. Adhering to the enemies of the Phil., giving them aid or comfort.

- Adherence and giving aid or comfort to the enemy must concur . Adherence to the enemy presupposes an intent to betray.

- Aid or comfort means an act which strengthens or tends to strengthen the enemy in the conduct of war against the traitor’s country and an act which weakens or tends to weaken the power of the traitor’s country to resist or to attack the enemy.

- The defendant’s act of giving information to the enemy constituted not only giving aid and comfort, but also adherence to the enemy.

- Extent of aid and comfort should be manifested by some overt or physical acts and not merely one which is mental.

- As a general rule, to be treasonous, the extent of the aid and comfort given to the enemies must be to render assistance to them as enemies and not merely as individuals and in addition, be directly in furtherance of the enemies’ hostile designs.

- The act committed need not actually strengthen the enemy. It is not the degree of success but rather the aim for which the act was perpetrated, that determines the commission of treason.

- The aid and comfort given to the enemies must be after the declaration of war. The enemies must be subject of a foreign power.

- There is no treason thru negligence because the overt act of giving aid or comfort to the enemy must be intentional.

- Treason by Filipino citizen may be committed outside the Philippines, but treason by an alien must be committed within the Philippines.

- Treason is a continuous crime. All overt acts committed by the accused constitute a single offense. Proof of one count is sufficient for conviction.

** 2nd paragraph:

Treason cannot be proved by circumstantial evidence or by the extrajudicial confession of the accused

** Ways of proving treason:

1. testimony of 2 witnesses, at least (two- witness rule)- Required to prove the overt act of giving aid or comfort. It is not necessary to prove adherence.- This rule is severely restrictive and conviction for treason is difficult. The provision requires that each of the

witnesses must testify to the whole overt act; or if it is separable, there must be two witnesses to each part of the overt act.

2. Confession of the accused in open court.

*** DEFENSES:

1. Defense of obedience to de facto government2. Defense of duress or uncontrollable fear.

Art.115: CONSPIRACY AND PROPOSAL TO COMMIT TREASON:

PENALTY:

a. conspiracy to commit treason:

- Prision Mayor and a fine not exceeding P 10,000b. proposal to commit treason:

- Prision correccional and a fine not exceeding P 5,000

HOW CONSPIRACY AND PROPOSAL ARE COMMITTED:

a. Conspiracy to commit treason is committed when in time of war, two or more persons come to an agreement to levy war against the government or to adhere to the enemies and to give them aid or comfort, and decide to commit it.

b. Proposal to commit treason is committed when in time of war a person who has decided to levy war against the government or to adhere to the enemies and to give them aid or comfort, proposes its execution to another person.

** The two-witness rule does not apply to this crime because this is a separate and distinct offense from treason.

Art. 116: MISPRISION OF TREASON

ELEMENTS:

1. that the offender must be owing allegiance to the Government and NOT a foreigner;2. that he has knowledge or any conspiracy (to commit treason) against the Government; and3. That he conceals or does not disclose and make known the same as soon as possible to the governor or fiscal of

the province or mayor or fiscal of the city in which he resides.

** This crime is an exception to the rule that mere silence does not make a person criminally liable.

Art. 117: ESPIONAGE

PENALTY:

Prision correccional

ESPIONAGE is the offense of gathering, transmitting, or losing information respecting the national defense with intent or reason to believe that the information is to be used to the injury of the Republic of the Philippines or to the advantage of any foreign nation.

TWO WAYS OF COMMITTING ESPIONAGE:

1. by entering, without authority, a warship, fort, or naval or military establishment or reservation to obtain any information, plans, photos, or other data of a confidential nature relative to the defense of the Philippines.

** Intent to obtain information by the offender is critical.

ELEMENTS:

a. that the offender enters any of the places mentioned therein

b. that he has no authority thereforec. that has purpose is to obtain information, plans, photos etc. of a confidential nature relative to the defense of the

Philippines

2. By disclosing to the representative of a foreign nation the contents of the articles, data or information referred to in par. 1 (Art. 117) which he had in his possession by reason of the public office he holds.

ELEMENTS:

a. that the offender is a public officerb. that he has in his possession the articles, data or information by reason of the public office he holdsc. That he discloses their contents to a representative of a foreign nation.

COMMONWEALTH ACT 616AN ACT TO PUNISH ESPIONAGE AND OTHER OFFENSES AGAINST NATIONAL SECURITY

ACTS PUNISHABLE UNDER CA 616:

a. unlawfully obtaining or permitting to be obtained information affecting national defenseb. unlawful disclosing of information affecting national defensec. disloyal acts or words in time of peaced. disloyal acts or words in time of ware. conspiracy to violate preceding sectionsf. harboring or concealing violators of the law

ESPIONAGE AND TREASON DISTINGUISHED:

- espionage as a crime is not conditioned by the citizenship of the offender and may be committed in time of war or in time of peace

- treason may only be committed in time of war and is only limited in two ways of committing the crime

SECTION TWO: PROVOKING WAR AND DISLOYALTY IN CASE OF WAR

Art. 118: INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS

PENALTY:

1. Reclusion temporal – if offender is a public officer or employee2. Prision mayor – if offender is a private individual

ELEMENTS:

1. That the offender performs unlawful or unauthorized acts2. That such acts provoke or give occasion for a war involving or liable to involve the Philippines or expose Filipino citizens to reprisals on their persons or property.

** The crime of inciting to war or giving motives for reprisals is committed IN TIME OF PEACE.

Art. 119: VIOLATION OF NEUTRALITY

PENALTY:

Prision correccional

ELEMENTS:

1. that there is a war in which the Philippines is NOT involved2. that there is a regulation issued by competent authority for the purpose of enforcing neutrality 3. that the offender violates such regulation

NEUTRALITY DEFINED:

- A nation or power which takes no part in a contest of arms going on between others is referred to as NEUTRAL.

Art. 120: CORRESPONDENCE WITH HOSTILE COUNTRY

ELEMENTS:

1. that there is a war wherein the Philippines is involved2. the offender makes correspondence with the enemy country or territory occupied by enemy troops3. that the correspondence is either:

a. prohibited by the government, orb. carried on in ciphers or conventional signsc. containing notice or information which might be useful to the enemy

CORRRESPONDENCE DEFINED:

- It is the communication by means of letters; or it may refer to the letters which pass between those who have friendly or business relations.

** Even if correspondence contains innocent matters, if the correspondence has been prohibited by the government, it is punishable.

QUALIFYING CIRCUMSTANCES:

- the following must concur:

a. that the notice or information might be useful to the enemyb. that the offender intended to aid the enemy

** If the offender intended to aid the enemy by giving such information, the crime amounts to treason; hence, both have the same penalty

Art. 121: FLIGHT TO ENEMY’S COUNTRY

ELEMENTS:

1. that there is a war in which the Philippines is involved2. that the offender must be owing allegiance to the government3. that the offender attempts to flee or go to enemy country4. that going to the enemy country is prohibited by competent authority

** An alien resident may be guilty of flight to enemy country because the allegiance contemplated under this article may be temporary or permanent.

** Mere attempt to flee or go to enemy country consummates the crime

** Fleeing or going to enemy country must be prohibited by competent authority, otherwise no crime is committed.

SECTION THREE: PIRACY AND MUTINY ON THE HIGH SEAS

Art. 122: PIRACY IN GENERAL AND MUTINY ON THE HIGH SEAS OR IN PHIL. WATERS

PIRACY DEFINED: it is the robbery or forcible depredation in the high seas or in Philippine Water without lawful authority and done with animo furandi and in the spirit and intention of universal hostility.

TWO MODES OF PIRACY:

1. by attacking or seizing a vessel on the high seas2. by seizing the whole or part of the cargo or equipment of the vessel, while on the high seas, OR the personal

belongings of its complement or passengers, the offenders not being the members of the complement or passengers

ELEMENTS:

1. that a vessel is on high seas2. that the offenders are strangers to the vessel; meaning, they are not members of the complement or passengers of

the vessel3. that the offenders: (a) attack that vessel, OR (b) seize the whole or part of the cargo of said vessel, its equipment, or

the personal belongings of its complement or passengers

** if the offenders who seized the vessel by “violence or intimidation”, or “force upon things” are members of the crew or passengers, piracy is NOT committed but robbery in the high seas.

MUTINY IN THE HIGH SEAS:

- it is the (a) unlawful resistance to a superior officer, OR (b) the raising of commotion and disturbances on board a ship against the authority of its commander, while the ship is on the high seas. Distinguished from piracy, offenders in piracy are strangers to the vessels and with intent to gain.

- HIGH SEAS- refer to any waters on the seacoasts, which are without the boundaries of the low-water mark, although such waters may be the jurisdictional limits of a foreign government.

- PD 532 punishes the act of AIDING or ABETTING PIRACY

1. REQUISITES:

1. KNOWINGLY:a. aids or protects piratesb. acquires or receives property taken by such pirates, orc. in any manner derives any benefit therefrom

2. Directly or indirectly abets the commission of piracy.

Art. 123: QUALIFIED PIRACY

SPECIAL QUALIFYING CIRCUMSTANCES:

1. Seizure of the vessel by boarding or firing upon the same.2. Abandonment of victims without means of saving themselves3. Crime is accompanied by Murder, Homicide, Physical Injuries, or Rape

** Qualified Piracy is a special complex crime

** Any of said crimes that accompany the commission of piracy becomes an element of qualified piracy.

IS THERE QUALIFIED MUTINY?

- There is qualified mutiny because of Art. 123 which embrace any of the crimes referred to in Art. 122, which are piracy and mutiny. However, the qualifying circumstances for mutiny are limited to pars (2) and (3) of Art. 123.

RA 6235ANTI-AIRCRAFT PIRACY OR HIJACKING LAW OF 1971

ACTS PUNISHED:

1. Usurping or seizing control of aircraft of Philippine registry, while it is in flight, compelling the pilots thereof to change the course or destination.

2. Usurping or seizing control of an aircraft of foreign registry, while within Philippine territory, compelling the pilots thereof to land in any part of Philippines territory.

3. Carrying or loading on board an aircraft operating as a public utility passenger aircraft in the Philippines, flammable, corrosive, explosive or poisonous substances; and

4. Loading, shipping, or transporting on board a cargo aircraft operating as a public utility in the Philippines, flammable, corrosive, or poisonous substances, IF not done in accordance with the rules and regulations of the Air Transportation Office.

AIRCRAFT IS “IN FLIGHT” – from the moment all exterior doors are closed following embarkation, until such time when any of such doors are again opened for embarkation.

Title 2CRIMES AGAINST THE

FUNDAMENTAL LAWS OF THE STATE(ARTS. 124-133)

Art. 124: ARBITRARY DETENTION

Elements:1. That the offender is a public officer or employee2. That he detains a person3. That the detention is without legal grounds.

LEGAL GROUNDS FOR THE DETENTION OR PERSONS:1. The commission of a crime2. Violent insanity or other ailment requiring compulsory confinement of the patient in a hospital.

Art. 125: DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER JUDICIAL AUTHORITIES

ELEMENTS:1. That the offender is a public officer or employee2. That he has detained a person for some legal ground (n.b. warrantless arrest)3. That he fails to deliver such person to the proper judicial authorities within the prescribed period.

12 hours – light penalties or their equivalent.18 hours – correctional penalties or their equivalent36 hours – afflictive penalties or their equivalent

“Shall fail to deliver to proper authorities”- does NOT mean physical delivery, but the making of an accusation or charge, or filing of an information against the person arrested, with the corresponding court or judge.

REQUEST FOR PRELIMINARY INVESTIGATION: The person so arrested without a warrant may request for a preliminary investigation, but he must sign a waiver of Art. 126.

- to avail of this, the penalty must be higher than 4 years and 2 months

WARRANT OF ARREST: Art. 125 is NOT applicable when the arrest is by virtue of a warrant of arrest, in which case he can be detained indefinitely.

- an inquest proceeding is done to determine the validity of the arrest

ILLEGAL DETENTION:

1. If the offender is a private individual, then the crime is Illegal detention2. In illegal detention, the detention is legal from the beginning, but becomes illegal after a certain period of time

because the offended party is not delivered to the proper judicial authority within the period specified.

Art. 126: DELAYING RELEASE

ELEMENTS:

1. that the offender is a public officer or employee2. that (a) there is a judicial or executive order for the release of a prisoner or detention prisoner, OR (b) that there is a

proceeding upon a petition for the liberation of such person3. that the offender without good reason (a) delays the service of the notice of such order to the prisoner, OR (b) the

performance of such judicial or executive order for the release of the prisoner, or the proceedings upon a petition for the release of such person

Art. 127: EXPULSION

ELEMENTS:

1. that the offender is a public officer or employee2. that he:

a. expels any person from the Philippines, (illegal deportation) ORb. compels a person to change his residence

3. that the offender is not authorized by law to do so

AUTHORIZED BY LAW:

1. TO DEPORT:

- Only President of the Philippines is authorized to deport aliens under the RAC, Sec. 69 with (1) investigation by the Deportation Board and (2) recommendation of such Board to the President

2. TO COMPEL CHANGE OF RESIDENCE:

-Only the Court by a final judgment can order a person to change his residence

Art. 128: VIOLATION OF DOMICILE

PUNISHABLE ACTS:

1. ENTERING any dwelling against the will of the owner. The essence of the offense is the breaching of the express or implied opposition of prohibition of the owner. A mere entry without consent will not constitute this crime.

2. SEARCHING papers or other effects found therein without the previous consent of such owner.3. REFUSING to leave the premises: (a) after having surreptitiously entered said dwelling AND, (b) after having

required to leave the same. THE ESSENCE of the offense is the refusal to leave, and not the entrance without consent.

COMMON ELEMENTS:

1. that the offender is a public officer or employee2. And that he is not authorized by judicial order to enter the dwelling, and/or to make a search for papers and for

other effects.

SPECIAL AGGRAVATING CIRCUMSTANCES:

1. committed at nighttime2. if any papers or effects not constituting evidence of a crime are not returned immediately, after a search is made by

the offender.

Art. 129: SEARCH WARRANTS MALICIOUSLY OBTAINED AND ABUSE IN THE SERVICE OF THOSE LEGALLY OBTAINED

PUNISHABLE ACTS:

1. BY PROCURING a search warrant without just cause; or2. though having procured the same with just cause:

a. BY EXCEEDING his authority OR,b. BY USING INNECESSARY SEVERITY in executing this search warrant legally procured

SEARCH WARRANT DEFINED:

- it is an order in writing, issued in the name of the people of the Philippines, signed by a judge and directed to a peace officer commanding him to search for personal property described therein and bring it before the court.

Art. 130: SEARCHING DOMICILE WITHOUT WITNESSES

ELEMENTS:

1. that the offender is a public officer or employee2. that he searches the domicile, papers, or other belongings of any person3. That the owner or any member of his family, or two witnesses residing in the same locality are not present.

Art. 131: PROHIBITION, INTERRUPTION AND DISSOLUTION OF PEACEFUL MEETINGS

ELEMENTS:

1. that the offender is a public officer or employee2. that he does any of the following prohibited acts:

a. Prohibiting or interrupting the holding of a peaceful meeting, or dissolving the same, without legal ground;

- there is no legal ground to “prohibit” the meeting, when the danger is not imminent and the evil to be prevented is not a serious one.

b. hindering any person from joining any lawful association or from attending any of its meetings;c. prohibiting or hindering any person from addressing , either alone or together with others, any

petition to the authorities for the correction of abuses or redress of grievances

** The offender must be a stranger and not a participant thereto otherwise the crime committed would be unjust vexation.

** The interruption of a peaceful meeting of a municipal council by a public officer is a crime against a legislative body and not punished under this Article.

Art. 132: INTERRUPTION OF RELIGIOUS WORSHIP

ELEMENTS:

1. that the offender is a public officer or employee2. that religious ceremonies or manifestations of any religion are about to take place or are going on, and3. that the offender prevents or disturbs the same** This crime is qualified by violence or threats.

Art. 133: OFFENDING RELIGIOUS FEELINGS

ELEMENTS:

1. that the acts complained of were performed (a) in a place devoted to religious worship (not necessarily during a religious worship), OR (b) during the celebration of any religious ceremony (not necessarily in he place of worship);

2. That the acts must be notoriously offensive to the feelings of the faithful.

TITLE IIICRIMES AGAINST PUBLIC ORDER

Chapter I

Art. 134:Rebellion, Coup d’etat, Sedition, and Disloyalty

Rebellion or Insurrection

Rebellion – the object of the movement is to overthrow and supersede the existing government.Insurrection – it refers to a movement which seeks merely to effect some change of minor importance, or to prevent the exercise of governmental authority with respect to particular matters or subjects.

ELEMENTS:1. That there be:

a. public uprising; andb. taking arms against the government

2. That the purpose of the uprising or movement is eithera. to remove from the allegiance to said Government or its laws

1) the territory of the Philippines or any part thereof; or2) any body of land, naval or other armed forces; or

b. To deprive the Chief Executive or congress, wholly or partially, of any of their powers and prerogatives.

Actual clash of arms with the forces of the Government is not necessary; it is sufficient that the purpose of the uprising must be shown although it was not accomplished.

Rebellion v. TreasonRebellion always involves taking up arms against the government, giving aid and comfort is not criminal in rebellion; Treason may be committed by mere adherence to the enemy giving them aid or comfort.

Rebellion v. SubversionSubversion is a crime against national security; Rebellion is a crime against public order.

Levying war against the government during peacetime for any of the purposes mentioned in Art. 134 (Coup d’etat) is Rebellion.

COUP D’ETAT

How committed:

It is a swift attack Accompanied by: violence, intimidation, threat, strategy or stealth 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.

Singly or simultaneously carried out anywhere in the Philippines By any person or persons:

- belonging to the military or police, or- holding any public office or employment

With or without civilian support or participation, For the purpose of: seizing or diminishing state power.

Art. 135: Penalty for Rebellion, Insurrection or Coup d’etat

Who are Liable:

A. The leaders:1. Any person who (a) promotes (b) maintains, or (c) heads a rebellion or insurrection.2. Any person who (a) leads, (b) directs, or (c) commands others to undertake coup d’etat;

B. The participants:1. Any person who (a) participates or (b) executes the commands of others in rebellion, insurrection or coup

d’etat;2. Any person not in the government service who (a) participates, (b) supports, (c) finances, (d) abets or (e)

aids in undertaking a coup d’etat.

Public officer must take active part, to be liable; mere silence or omission is not punishable in rebellion. When rebellion, insurrection or coup d’etat shall be under the command of unknown leaders, any person who in fact

directed the others spoke for them, signed receipts and other documents issue in their name, or performed similar acts, on behalf of the rebels, shall be deemed a leader of such rebellion, insurrection or coup d’etat.

Rebellion cannot be complexed with other common crimes on the occasion thereof, either as a means to its commission or as an intended effect of an activity that constitutes rebellion.

Art. 136: CONSPIRACY AND PROPOSAL TO COMMIT COUP D’ETAT, REBELLION OR INSURRECTION.

1. There is Conspiracy when:2. two or more persons come to an agreement to commit coup d’etat or rebellion as the case may be, and Decide to

commit it.

There is Proposal when:1. There is a person was decided to commit the crime of coup d’etat or rebellion as the case may be, and2. Proposes its execution to some other person.

This is an instance where the law punishes preparatory acts.

Art. 137: DISLOYALTY OF PUBLIC OFFICERS AND EMPLOYEES

Acts of disloyalties which are punished:

1. Failing to resist a rebellion by all the means in their power; or2. Continuing to discharge the duties of their offices under the control of the rebels; or3. Accepting appointment to office under them.

This act presupposes the presence of rebellion by other persons. The offender must not be in conspiracy with the rebels. Otherwise, his crime is the same as that of his co-

conspirators.

Art. 138: INCITING TO REBELLION OR INSURRECTION

ELEMENTS:1. That the offender does not take arms or is not in open hostility against the government;2. That he incites others to the execution of any of the acts of rebellion;3. That the inciting is done by means of speeches, proclamations, writings, emblems, banners or other representations

tending to the same end. Rebellion should not be committed.

Art.139: SEDITION

ELEMENTS:1. That the offenders rise (a) publicly and (b) tumultuously;2. That they employ force, intimidation or other means outside of the legal methods;3. That the offenders employ any of those means to attain any of the following objects:

a. To prevent the promulgation or execution of any law or the holding of any popular election;b. To prevent the National Government, or any provincial or municipal government, or any public officer

therefrom from freely exercising its or his functions, or prevent the execution of any administrative order;c. To inflict any act of hate or revenge upon the person or property of any public officer or employee;d. To commit, for any political or social end, any act of hate or revenge against private persons or any social

class; ande. To despoil, for any political or social end, any person, municipality or province, or the National

Government of all its property or any part thereof.

Public Uprising and an object of sedition must concur. Common crimes are not absorbed in sedition. Treason v. SeditionTreason is the violation by a subject of his allegiance to his sovereign, Sedition is the raising of commotion or disturbances in the state.

Persons Liable:1. The leader of the sedition2. Other persons participating in the sedition

Art. 141: CONSPIRACY TO COMMIT SEDITION

Only conspiracy to commit sedition is punishable, and not proposal to commit sedition.

Art.. 142: INCITING TO SEDITION

Punishable Acts:1. Inciting others to the accomplishment of any of the acts of sedition, by means of speeches, proclamations, writings,

emblems, etc. The essence is the inciting of the people to rise publicly and tumultuously. It is the use of words,

emblems…etc. and not the performance of the act of sedition, which is punished in inciting to sedition.2. Uttering seditious words or speeches which tend to disturb the public peace.3. Writing, publishing, or circulating scurrilous libels against the government or any of the duly constituted authorities,

which tend to disturb the public peace.

Actual disturbance or disorder is NOT necessary to inciting to sedition. Inciting to sedition to accomplish any of its objects; Elements:1. That the offender does NOT take direct part in the crime of sedition.2. That he incites others to the accomplishment of any of the act which constitutes sedition.3. That the inciting is done by means of speeches, proclamations, writings, emblems, cartoons, banners, or other

representations tending to the same end.

Uttering seditious words or speeches and writing and publishing or circulating scurrilous libels are punishable – when:

1. They tend to disturb or obstruct any lawful officer in executing the functions of his office.2. They tend to instigate others to cabal and meet together for unlawful purposes.3. They suggest or incite rebellious conspiracies or riots.4. They lead or tend to stir up the people against the lawful authorities; or disturb the peace of the

community, the safety and order of the Government.

There are 2 rules relative to seditious words:1. The Clear and Present Danger Rule

- The words must be of such nature that by uttering them there is a danger of a public uprising and that such danger should be both clear and imminent.

2. The Dangerous Tendency Rule

- There is inciting to sedition when the words uttered or published could easily produce disaffection among the people and a state of feeling in them incompatible with a disposition to remain loyal to the Government and obedient to the laws.

CHAPTER IICRIMES AGAINST POPULAR REPRESENTATION

Art. 143: ACTS TENDING TO PREVENT THE MEETING OF THE ASSEMBLY AND SIMILAR BODIES

Elements:1. That there be

a. a projected meeting or actual meeting,b. of the National Assembly or any of its committees or subcommittees, constitutional

commissions or committees or divisions, or of any provincial board or city or municipal council or board.

2. That the offender who may be any person PREVENTS such meeting by force or fraud.

Art. 144: DISTURBANCE OF PROCEEDINGS

Elements:1. That there be a meeting of the Congress or any of its committees or subcommittees, Constitutional Commissions or

committees, or any provincial board or city or municipal council or board.2. That the offender does any of the following acts:

a. He disturbs any of such meetingsb. He behaves while in the presence of any such bodies, in such a manner as to interrupt its proceedings or

to impair the respect due it.

One who disturbs the proceedings of the Congress, may also be punished for contempt by the Congress.

Art. 145: Violation OF PARLIAMENTARY IMMUNITY

Punishable Acts:1. Using force, intimidation, threats, or fraud to prevent any member of Congress from;

a. Attending any meetings of the Congress or any of its committees or subcommittees, Constitutional Commissions or committees or divisions; or

b. Expressing his opinions; orc. Casting his vote

2. Arresting or searching any member while the Congress is in regular session or special session, except in case such member has committed a crime punishable under the Code by a penalty of Prision Mayor or higher.

Chapter IIIILLEGAL ASSEMBLIES

Forms of illegal Assembly:1. Any meeting attended by armed persons for the purpose of committing any of the crimes punishable under the

Code.2. Any meeting in which the audience, whether armed or not, is incited to the commission of the crime of treason,

rebellion or insurrection, sedition, or assault upon a person in authority or his agents.

Persons Liable in Illegal Assembly:

1. The organizers or leaders of the meeting2. Persons merely present at the meeting

Persons merely present at the meeting must have a common intent to commit the felony of illegal assembly. It is necessary that the audience is actually incited. If in the meeting the audience is incited the commission of

rebellion or sedition, the crimes committed are ILLEGAL ASSEMBLY as regards to the organizers or leaders or persons merely present; INCITING TO REBELLION or SEDITION insofar as the one inciting them in concerned.

If any person carries an unlicensed firearm, it is presumed that the purpose of the meeting insofar as he is concerned is to commit acts punishable under the RPC and he is considered a leader or organizer of the meeting.

Art. 147: ILLEGAL ASSOCIATIONS

Prohibited Associations:1. Association totally or partially organized for the purpose of committing any of the crimes punishable under the Code.2. Association totally or partially organized for some purpose contrary to public morals.

Persons Liable:1. Founders, directors and president of the association.2. Members of the association

Art. 148: DIRECT ASSAULTS

Kinds:1. Simple Assault2. Qualified Assault

2 Ways to Commit:1. Without public uprising, by employing force or intimidation for the attainment of any purposes enumerated in

defining the crimes of sedition and rebellion. Offended party need not be a person in authority or his agent, they may be a private individual.

2. Without public uprising, by attacking, by employing force or seriously intimidating or by seriously resisting any person in authority of any of his agents, while engaged in the performance of official duties, or on the occasion of such performance.

Direct Assault is Qualified when:1. Committed with a weapon2. offender is a public officer or employee3. Offender lays hands upon a person in authority

Additional penalty for attacking an ambassador or minister (RA 75) Knowledge of the accused that the victim is a person in authority or his agent is essential; must have the intent to

defy the authorities.

Art. 149: Indirect ASSAULT

Elements:1. That a person in authority or his agent is the victim of any of the forms of direct assault defined in Art. 148.2. That a person comes to the aid of such authority or his agent.3. That the offender makes use of force or intimidation upon such person coming to the aid of the authority of his

agent.

Can be committed only when a direct assault is also committed Offended party may be a private person; any person who comes to the aid of a person in authority of his agent.

Art. 150: DISOBEDIENCE TO SUMMONS ISSUED BY THE NATIONAL ASSEMBLY, ITS COMMITTEES OR SUBCOMMITTEES, BY THE CONSTITUTIONAL COMMISSION, ITS COMMITTEES, SUBCOMMITTEES OR DIVISIONS

Punishable acts:1. Refusing, without legal excuse, to obey summons of the National Assembly, its special or standing committees and

subcommittees, the Constitutional Commissions and its committees, subcommittees and divisions, or by any commission or committee chairman or member authorized to summon witnesses.

2. Refusing to be sworn or placed under affirmation while before such legislative or constitutional body or official.3. Refusing to answer any legal inquiry or to produce any books, papers, documents, or records in his possession,

when required by them to do so in the exercise of their functions.4. Restraining another from attending as a witness in such legislative or constitutional body.5. Inducing disobedience to summons or refusal to be sworn by any such body or official.

Art. 151: RESISTANCE AND DISOBEDIENCE TO A PERSON IN AUTHORITY OF THE AGENTS OF SUCH PERSON

Elements of Resistance and Serious Disobedience:1. That a person in authority or his agent is engaged in the performance of official duty or gives a lawful order to the

offender.2. That the offender resists or seriously disobeys such person in authority or his agent.3. That the act of the offender is not included in the provisions of 148 – 150 ( Direct assault, Indirect assault, and

Disobedience to summons…, respectively)

Elements of Simple Disobedience:1. That an agent of person in authority is engaged in the performance of official duty or gives a lawful order to the

offender.2. That the offender disobeys such agent of a person in authority.3. That such disobedience is not of a serious nature.

The crime consists of the failure to comply with the direct orders issued by the authorities in the exercise of official duties.

Distinction:

Direct Assault:The person in authority or his agent must be engaged in the performance of official duties of that he is assaulted by reason thereof.Resistance: Persons in authority or his agent must be in actual performance of dutiesDirect Assault: That there is force employed.Resistance: Use of force is not so serious, as there is no manifest intention to defy the law and officers enforcing it.

Person in authority- Any person directly vested with jurisdiction, whether as an individual or as a member of some court or

government owned or controlled corporation, board or commission.

Agent of person in authority- any person who by direct provision of law or by election or by appointment by competent authority, is

charged with the maintenance of public order and the protection and security of life and property, such as barangay councilman, barangay policeman, barangay leader officers and members of the Barangay Community Brigades, and any person who comes to the aid of persons in authority. Barangay captain and barangay chairs are also deemed as persons in authority.

Persons in authority include:1. Municipal mayor2. Division superintendent of schools3. Public and private school teachers4. Teacher; nurse5. President of Sanitary division6. Provincial fiscal7. Justice of peace8. Municipal councilor9. Barrio captain and barangay chair.

Professors are persons in authority for Art. 148 and 151, but NOT in Art. 149 (Direct assault)

Art. 153: TUMULTS AND OTHER DISTURBANCES OF PUBLIC ORDER

Punishable acts:1. Causing any serious disturbance in public place, office or establishment.2. Interrupting or disturbing public performances, functions or gatherings, or peaceful meetings, if the act is not

included in 131-1323. Making an outcry tending to incite rebellion or sedition in any meeting, association, or public place.4. Displaying placards or emblems which provoke a disturbance of public order in such place.5. Burying with pomp the body of a person who has been legally executed.

Serious disturbance must be planned or intended. OUTCRY- to shout subversive or provocative words tending to stir up the people to obtain by means of force or

violence any of the objects of rebellion or sedition. If TUMULTUOUS, crime is qualified.

Art. 154: UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL UTTERANCES

Punishable acts:1. Publishing or causing to be published, by means of printing, lithography or any other means of publication, as news,

any false news which may endanger the public order, or to cause damage to the interest or credit of the State.2. Encouraging disobedience to the law or to the constituted authorities or by praising, justifying or extolling any act

punished by law, by the same means or by words, utterances or speeches.3. Maliciously publishing or causing to be published any official resolution or document without authority, or before

they have been published officially.4. Printing, publishing or disturbing (or causing the same) books, pamphlets, periodicals, or leaflets which do not bear

the real printer’s name, or which are classified as anonymous.

Actual public disorder or actual damage to the credit of the State is not necessary. Offender must know that the news is false

Art. 155: ALARMS AND SCANDALS

Punishable Acts;1. Discharging any firearm, rocket, firecracker, or other explosive within any town or public place calculated to cause

alarm or danger (should not be aimed at a person otherwise, shall be liable of Art. 254)2. Instigating or taking an active part in any charivari or other disorderly meeting offensive to another or prejudicial to

public tranquility.3. Disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusements.4. Causing any disturbance or scandal in public places while intoxicated or otherwise, provided 153 is not applicable.

The act must produce alarm or danger as a consequence. CHARIVARI – includes a medley of discordant voices, a mock serenade of discordant noises made on kettles, tin,

horns, etc. designed to annoy or insult. If the disturbance is of a serious nature, the case will fall under Art. 153.

Art. 156: DELIVERING PRISONERS FROM JAIL

Elements:1. That there is a person confined in a jail or penal establishment (detention included)2. That the offender removes such person, or helps the escape of such person.

The offender is usually an outsider. Public officer in custody: Infidelity in the custody of a prisoner. Violence, intimidation or bribery is not necessary.

Art. 157: EVASION OF SERVICE OF SENTENCE

Elements:1. That the offender is a convict by final judgment.2. That he is serving his sentence, which consists in deprivation of liberty.3. That he evades the service of his sentence by escaping during the term of his sentence. (by reason of final

judgment)

Circumstances qualifying the offense:1. By means of unlawful entry2. By breaking doors, windows, gates, walls, roofs or floors.3. By using picklocks, false keys, disguise, deceit, violence, or intimidation4. Through connivance with other convicts or employees of the penal institution.

Art. 158: EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF DISORDERS, CONFLAGRATION, EARTHQUAKES OR OTHER CALAMITIES.

Elements:1. That the offender is a convict by final judgment, and is confined in a penal institution2. That there is disorder resulting from:

a. Conflagrationb. Earthquakec. Explosiond. Similar catastrophee. Mutiny in which he has not participated

3. That the offender evades the service of his sentence by leaving the penal institution where he is confined, on the occasion of such disorder or during the mutiny.

4. That the offender fails to give himself up to the authorities within 48 hours following the issuance of a proclamation by the Chief Executive announcing the passing away of such calamity.

If the offender fails to give himself up, he gets an increased penalty. If the offender gives himself up, he is entitled to a deduction of his sentence.

Art. 159: OTHER CASES OF EVASION OF SENTENCE (CONDITIONAL PARDON)

Elements:1. That the offender was a convict2. That he was granted a conditional pardon by the Chief Executive3. That he violated any of the conditions of such pardon

Violation of Conditional Pardon is a distinct crime; Conditional Pardon is a contract between the convict and the Chief Executive.

Conditions extend to special laws Offender must be found guilty of subsequent offense before he can be prosecuted under Art. 159 Offender can be arrested and reincarcerated without trial – in accordance with Sec. 64 (1) of the RAC Duration of the conditions subsequent is limited to the remaining period of the sentence.

Art. 160: COMMISSION OF ANOTHER CRIME DURING THE SERVICE OF PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE (QUASI-RECIDIVISM)

QUASI-RECIDIVISM, defined.

A special aggravating circumstance where a person after having been convicted by final judgment, shall commit a new felony before beginning to serve such sentence, or while serving the same.

Elements:1. That the offender was already convicted by final judgment2. That he committed a new felony before beginning to serve such sentence or while serving the same.

The first crime which the offender is serving sentence need not be a felony; new offense need not be of different character from that of the former offense. (the second crime must be a felony)

Does not require that the two offenses are embraced in the same title of the Code. As distinguished from REITERACION which requires that the offender against whom it is considered shall have

served out his sentences for the prior offenses. Cannot be offset by ordinary mitigating circumstances.

Who can be PARDONED:

1. At the age of 70 if he shall have already served out his original sentence ( NOT A HABITUAL CRIMINAL); or2. When he shall complete it after reaching the said age, unless by reason of his conduct or other circumstances he

shall not be worthy of such clemency

TITLE IVCRIMES AGAINST PUBLIC INTEREST

ART. 161: COUNTERFEITING THE GREAT SEAL OF THE GOVERNMENT, THE SIGNATURE, OR THE STAMP OF THE CHIEF EXECUTIVE

Punishable Acts:1. Forging the Great Seal of the Government of the Philippines2. Forging the signature of the President3. Forging the stamp of the President

Art 162: USING FORGED SIGNATURE OR COUNTERFEIT SEAL OR STAMP

Elements:1. That the Great Seal of the Republic was counterfeited or the signature or stamp of the Chief Executive was forged

by another person.2. That the offender knew of the counterfeiting or forgery.3. That he used the counterfeit seal or forged signature or stamp.

The offender should not be the forger

Art. 163: MAKING AND IMPORTING AND UTTERING FALSE COINS

Elements:1. That there be false or counterfeited coins2. That the offender either made, imported or uttered such coins3. That in case of uttering such false or counterfeited coins, he connived with the counterfeiters or importers

Coin is FALSE or COUNTERFEITED, if it is forged or if it is not authorized by the Government as legal tender, regardless of its intrinsic value.

To UTTER is to pass counterfeit coins, includes delivery or the act of giving them away. Former coins withdrawn from circulation may be counterfeited. Coins of foreign country not included.

Art. 164: MUTILATION OF COINS, IMPORTATION AND UTTERANCE OF MUTILATED COINS

Punishable Acts:1. Mutilating coins of the legal currency, with the further requirement that there be intent to damage or to defraud

another.2. Importing or uttering such mutilated coins, with the further requirement that there must be connivance with the

mutilator or importer in case of uttering.

Mutilation of foreign currency not included. MUTILATION – to take off part of the metal either by filling it or substituting it for another metal of inferior quality. Coins must be in legal tender

Art 165: SELLING OF FALSE OR MUTILATED COIN WITHOUT CONNIVANCE

Punishable Acts:

1. Possession of coin counterfeited or mutilated by another person, with intent to utter the same, knowing that it is false or mutilated.

Elements:a. Possessionb. With intent to utterc. Knowledge

2. Actually uttering such false or mutilated coin, knowing the same to be false or mutilated

Elements:a. Actually utteringb. Knowledge

Does not require legal tender Accused must have knowledge of the fact that the coin is false

Art. 166: FORGING TREASURY OR BANK NOTES OR OTHER DOCUMENTS PAYABLE TO THE BEARER; IMPORTING AND UTTERING SUCH FALSE OR FORGED NOTES AND DOCUMENTS

Punishable Acts:1. Forging or falsification of treasury or bank notes or other documents payable to bearer2. Importation of such false or forged obligations or notes3. Uttering of such false or forged obligations or notes in connivance with the forgers or importers.

Notes and other Obligations and Securities that may be forged or falsified under 166:1. Treasury or bank notes2. Certificates3. Other obligations and securities, payable to bearer.

Art. 167: COUNTERFEITING, IMPORTING AND UTTERING INSTRUMENTS NOT PAYABLE TO BEARER

Elements:1. That there be an instrument payable to order or other such document of credit not payable to bearer2. That the offender either forged, imported or uttered such instrument3. That in case of uttering, he connived with the forger or importer.

Art. 168: ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR BANK NOTES AND OTHER INSTRUMENTS OF CREDIT

Elements:1. That any treasury or bank note or certificate or other obligation and security payable to bearer or any instrument

payable to the order or other document of credit not payable to bearer is forged or falsified by another person.2. That the offender knows that any of those instruments is forged or falsified.3. That he performs any of these acts:

a. Using any of such forged or falsified instrumentsb. Possession with intent to use of any of such forged or falsified instruments.

How Forgery is committed:1. By giving a treasury or bank note or any instrument payable to bearer or to order mentioned therein, the

appearance of a true and genuine document.2. By erasing, substituting, counterfeiting or altering by means the figures, letters, words, or sign contained therein.3. Forgery includes falsification and counterfeiting

The accused must exert effort to make it appear like a genuine document. The crime of falsification must involve a writing which is a document in the legal sense. DOCUMENT is any written statement by which a right is established or an obligation extinguished. Classification of Documents:

1. Public documents – a. document created, executed or issued by a public official in response to exigencies of the public service,

or in execution of which a public official intervened;b. instrument authorized by a notary public or a competent public official with the solemnities required by

law.2. Official document – issued by a public official in the exercise of the functions of his office;

also a public document.3. Commercial document – defined and regulated by the Code of Commerce or other

Commercial Law.4. Private document – a deed or instrument executed by a private person without the

intervention of a notary public or other person legally authorized, by which document, some disposition or agreement is proved, evidenced or set forth.

Importance of Classification:1. In private documents, criminal liability will not arise unless there is damage caused to third

person. Mere falsity will not bring about criminal liability.2. In public or commercial documents, criminal liability can arise although no third person suffered

damage.

Art. 170: FALSIFICATION OF LEGISLATIVE DOCUMENTS

Elements:1. That there be a bill, resolution or ordinance enacted or approved or pending approval by the National Assembly or

any provincial board or municipal council2. That the offender alters the same3. That he has no proper authority4. That the alteration has changed the meaning of the document.

FORGERY as used in Art. 169 refers to the alteration, substitution or counterfeiting of words, letters, signatures of treasury notes or bank notes or any instrument payable to bearer or to order. Making it appear like a genuine instrument.

FALSIFICATION is the commission of any of the acts mentioned in Art. 171 on legislative, public or official, commercial, or private documents.

The bill, resolution, ordinance… must be GENUINE.

Art. 171: FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE; OR NOTARY OR ECCLESIASTICAL MINISTER

Elements:1. That the offender is public officer, employee or notary public2. That he takes advantage of his official position: (requisites)

a. He has a duty to make or prepare or otherwise intervene in the preparation of the documentb. He has official custody of the document which he falsifies.

2. That he falsifies a document by committing any of the following acts:a. Counterfeiting or imitating any handwriting, signature or rubricb. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so

participate.c. Attributing to persons who have participated in an actor proceeding statements other than those in fact

made them.d. Making untruthful statements in a narration of facts.e. Altering true dates.f. Making any alteration or intercalation in a genuine document which changes its meaning.g. Issuing in an authenticated form a document purporting to be a copy of an original document when no

such original copy exists, or including in such copy to, or different from that of the genuine original.h. Intercalating any instrument or note relative to the issuance in a protocol, registry or official book.

Genuine document in pars. f,g,h is necessary. Falsification may be committed by simulating or fabricating a document. In case the offender is an ecclesiastical minister, the act of falsification is committed with respect to any record

or document of such character that its falsification may affect the civil status of persons.

IMITATING Feigning to represent by a false appearance; to give a mental existence.

PERSONS LIABLE:1. Any public officer, employee or notary public2. Ecclesiastical minister

Art.172: FALSIFICATIONS BY PRIVATE INDIVIDUALS & USE OF FALSIFIED DOCUMETS

PUNISHABLE ACTS:1. Falsification of public , official, commercial document by a private individual

Possessor of a falsified document is presumed to be the author of the falsification. Damage or intent to cause the damage is not necessary in Art.172 par.1

2. Falsification of private document by any person The offender must have counterfeited the false document and he must have performed an independent act which

operates to the prejudice of a third person.

Use of a falsified document1. In a Judicial proceeding

- as evidence, with knowledge of falsity2. In any other transaction

- With knowledge of falsity, caused or with intent to cause damage to another.

FALSIFICATION as a means to commit ESTAFA

- When committed on a document through any of the acts of falsification enumerated in Art. 171 as a necessary means to commit another crime, the two crimes form a COMPLEX CRIME

- But the document falsified as a necessary means to commit another crime must be PUBLIC, OFFICIAL or COMMERCIAL. If one makes use of a private document, which requires another independent act independent of the falsification, which he falsified, to defraud another, there results only one crime – FALSIFICATION OF A PRIVATE DOCUMENT.

- If a private document is falsified to conceal the misappropriation of the money or other personal property which has been in the possession of the offender the crime is – ESTAFA WITH ABUSE OF CONFIDENCE.

- If the estafa was already consummated at the time of the falsification of the private document, or that the falsification was committed for the purpose of concealing the estafa, the falsification is not punishable because there was no damage or intent to cause damage with regard to the falsification.

Art. 173: FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH AND TELEPHONE MESSAGES, AND USE OF SAID FALSIFIED MESSAGES

Punishable Acts: 1. Uttering fictitious wireless, telegraph or telephone message.2. Falsifying wireless, telegraph or telephone message.3. Using such falsified message.

“Using fictitious message or falsifying the same”Elements:1. That the offender is an officer or employee of the Government or an officer or employee of a private corporation,

engaged in the service of sending or receiving wireless, cable or telephone message.2. That the offender commits any of the following acts:

a. Uttering fictitious wireless, cable, telegraph or telephone message; orb. Falsifying wireless, cable, telegraph, or telephone message.

The public officer, to be liable, must be engaged in the service of sending or receiving wireless cable, telegraph or telephone message.

“Use of said falsified messages”Elements:1. That the accused knew that wireless, cable, telegraph, or telephone message was falsified by any of the persons

specified in the first paragraph of Art. 173.2. That the accused used such falsified dispatch.3. That the use of falsified dispatch resulted in the prejudice of a third party, or that the use thereof was with intent to

cause such prejudice.

Private individuals cannot be a principal by direct participation in falsification of telegraphic dispatches under Art. 173

Act. No. 1851, Sec. 4, punishes private individuals who forge or alter telegram.

Art. 174: FALSIFICATION OF MEDICAL CERTIFICATES, FALSE CERTIFICATES OF MERIT OR SERVICE, ETC.

CERTIFICATE – is any writing by which testimony is given that a fact has or has not taken place.

PERSONS LAIBLE FOR FALSIFICATION OF CERTIFICATES:

1. Physician or surgeon who, in connection with the practice of his profession, issued a false certificate. (IT MUST REFER TO THE ILLNESS OR INJURY OF A PERSON)

The name of the crime is FALSE MEDICAL CERTIFICATE by a physician.

2. Public officer who issued a false certificate of merit or service, good conduct or similar circumstances.

The name of the crime is FALSE CERTIFICATE OF MERIT OR SERVICE by a public officer.

3. Private individual who falsified a certificate falling in the classes mentioned in nos. 1 and 2.

The crime is FALSE MEDICAL CERTIFICATE by a private individual or FALSE CERTIFICATE OF MERIT OR SERVICE by a private individual.

Art. 175: USING FALSE CERTIFICATES

Elements:1. That a physician or surgeon had issued a false medical certificate, or a public officer had issued a false certificate

of merit or service, good conduct, or similar circumstances, or a private person has falsified any of said certificates.

2. That the offender knew that the certificate was false.

3. That he used the same.

When any of the false certificates mentioned in Art. 174 is used in the judicial proceeding, Art. 172 does not apply, because the use pf false document in judicial proceeding under Art. 172 is limited to those false documents embraced in Art. 171 and 172.

Art. 176: MANUFACTURING AND POSSESSION OF INSTRUMENT OR IMPLEMENTS FOR FALSIFICATION.

Acts punishable:1. Making or introducing into the Philippines any stamps, dies, marks, or other instruments or implements for

counterfeiting of falsification.

2. Possessing with intent to use the instruments or implements for counterfeiting or falsification made in or introduced into the Philippines by another person.

TITLE SIX OF BOOK TWO, RPC CRIMES AGAINST PUBLIC MORALS (Arts. 195-202)

Arts. 195-199, Provisions of P.D. 483 and 449 are repealed which are inconsistent with P.D. 1602 or Presidential Decree Prescribing Stiffer Penalties On Illegal Gambling.

(a) The penalty of prision correccional in its medium period or a fine ranging from P1,000 to P6,000, and in case of recidivism, the penalty of prision mayor in its medium period or a fine ranging from P6,000 to P10,000 shall be imposed upon:(1) Any person who, in any manner, directly or indirectly takes part in any illegal or unauthorized activities or

games of-1. cockfighting, jueteng, jai-alai or horse racing to include bookie operations and game fixing, numbers, bingo and

other forms of lotteries;2. cara y cruz or pompiang and the like;3. 7-11 and any game using dice;4. black jack, lucky nine, poker and its derivatives, mote, baccarat, cuajo, pangguingue and other card games;5. pak que, high and low, mahjong, domino, and other games using plastic tiles and the like;6. slot machines, roullete, pinball and other mechanical contraptions and devices;7. dog racing, boat racing, car racing, and other forms of races;8. basketball, boxing, volleyball, bowling, pingpong and other forms of individual or team contests to include game

fixing, point shaving and other machinations;9. banking or percentage game, or any other game or scheme, whether upon chance or scheme, wherein wagers

consisting of money, articles of value or representative of value are at stake or made.(2) Any person who knowingly permits any form of gambling, Nos. (1 to 9), to be carried on in an inhabited or

uninhabited place, or in any building, vessel or other means of transportation owned or controlled by him.(b) The penalty of prision correccional in its maximum period and a fine of six thousand pesos shall be imposed upon:(1) any person who shall knowingly permit any form of gambling to be carried on in a place which has a reputation

of a gambling place or that prohibited gambling is frequently carried on therein, or in a public or government building or barangay hall;

(2) the maintainer or conductor of the gambling schemes. (Note: Banker is not mentioned in the decree.)(c) The penalty of prision mayor in its medium period with temporary absolute disqualification or a fine of P6,000 shall be imposed if the maintainer, conductor or banker of the gambling schemes is a government official, or where such government official is the player, promoter, referee, umpire, judge or coach in case of game fixing, point shaving and other machination.(d) The penalty of prision correccional in its medium period or a fine ranging from P400 to P2,000 shall be imposed upon any person who knowingly and without lawful purpose in any hour of any day possesses any lottery list, paper, or other matter containing letters, figures, signs or symbols pertaining to or in any manner used in the games of jueteng, jai-alai or horse racing bookies and similar games of lotteries and numbers which have taken place or about to take place.è Gambling is a game or scheme the result of which depends wholly or chiefly upon chance or hazard.è Playing of monte for money is not a necessary element (U.S. vs. Rafael, 23 Phil. 184).è A game or scheme is punishable even if the winning depends upon skill, "when wagers consisting of money,

articles or value or representative of value are at stake or made."

Chapter IIIOFFENSES AGAINST DECENCY AND GOOD CUSTOMS

Art. 200: Grave Scandal

Consists of acts which are offensive to decency and good customs which, having been committed publicly, have given rise to public scandal to persons who have accidentally witnessed the same.

Elements:1. That the offender performs an act or acts.2. That such act or acts be highly scandalous as offending against decency and good customs.3. That the highly scandalous conduct is not expressly falling within any other article of this Code.4. That the act or acts complained of be committed in a public place within the public knowledge or view.

If the act or acts of the offender are punished under another article of this Code, Art. 200 is not applicable.

Distinction should be made as to the place where the offensive act was committed:a. If in public place, there is criminal liability irrespective of whether the immoral act was in open public view;b. If in private place, public view is required.

Public view does not require numerous persons. Even if there was only one person who witnessed the offensive act for as long as the third person was not an intruder, grave scandal is committed provided the acts do not fall under any other crime in the RPC.

Art. 201: Immoral Doctrines, Obscene Publications and Exhibitions, and Indecent Shows (As amended by P.D. 969)

Persons liable:1. Those who shall publicly expound or proclaim doctrines openly and contrary to public morals;2. The authors of obscene literature, published with their knowledge in any form; the editors publishing such

literature; and the owners/operators of the establishment selling the same;3. Those who, in theaters, fairs, cinematographs or any other place, exhibit indecent or immoral plays, scenes, acts

or shows, it being understood that the obscene literature or indecent or immoral plays, scenes, acts or shows, whether live or in film, which are proscribed by virtue hereof, shall include those which:

a. Glorify criminals or condone crimesb. Serve no other purpose but to satisfy the market for violence, lust or pornographyc. Offend any race or religiond. Tend to abet traffic in the use of prohibited drugs ande. Are contrary to law, public order, morals, good customs, established policies, lawful orders, decrees and edicts;

4. Those who shall sell, give away, or exhibit films, prints, engravings, sculptures, or literature, which are offensive to morals.

Test of Obscenity: Whether or not the material charged as obscene has the tendency to deprave and corrupt the minds of those open to the influence, or into whose hands such material may come to (Kottinger Rule). Where such obscenity is made publicly, criminal liability arises.

It is more on the effect upon the viewer and not alone on the conduct of the performer.

Art. 202: Vagrants and Prostitutes

Persons liable:1. Any person having no apparent means of subsistence, who has the physical ability to work and who neglects to

apply himself or herself to some lawful calling;2. Any person found loitering about public or semipublic buildings or places, or tramping or wandering about the

country or the streets without visible means of support;3. Any idle or dissolute person who lodges in houses of ill-fame; ruffians or pimps and those who habitually associate

with prostitutes;4. Any person who, not being included in the provisions of other articles of this Code, shall be found loitering in any

inhabited or uninhabited place belonging to another without any lawful or justifiable purpose;5. Prostitutes (women who, for money or profit, habitually indulge in sexual intercourse or lascivious conduct).

Prostitution is a term applicable also to a man if he engages in the same conduct: sex for money does not constitute prostitution but vagrancy.

The common concept of a vagrant is a person who loiters in public places without any visible means of livelihood and without any lawful purpose.

The law punishes the act involved here as a stepping stone to the commission of other crimes. Without this article, law enforcers would have no way of checking a person loitering in the wrong place at the wrong time.

TITLE SEVENCRIMES COMMITTED BY PUBLIC OFFICERS

Art. 203: Who are public officers

Requisites:One must be-1. Taking part in the performance of public functions in the Government or performing in said Government or in any of

its branches public duties as an employee, agent or subordinate official of any rank or class.2. That his authority to take part in the performance of public functions or to perform public duties must be-

a. By direct provision of lawb. By popular electionc. By appointment by competent authority

Under the Anti-Graft and Corrupt Practices Act (AGCPA), the term public officer is broader and more comprehensive because it includes all persons whether an official or an employee, temporary or not, classified or not, contractual or otherwise. Any person who receives compensation for services rendered is a public officer.

Chapter IICRIMES OF MALFEASANCE AND MISFEASANCE IN OFFICE

MISFEASANCE- improper performance of some act which might lawfully be done

MALFEASANCE- the performance of some act which ought not to be done

NONFEASANCE- omission of some act which ought to be performed

Art. 204: Knowingly rendering unjust judgmentElements:1. That the offender is a judge;

2. That he renders a judgment in a case submitted to him for decision;3. That the judgment is unjust;4. That the judge knows that his judgment is unjust.

Judgment is a final consideration and determination of a court of competent jurisdiction upon the matters submitted to it, in an action or proceeding.

A mere fact that the judge promised to the other party that he would decide the case against the complainant does not prove that the judgment is unjust. It is possible that such judgment is supported by the facts and the law.

The rule requires that judgment should be rendered by the judge with conscious and deliberate intent to do an injustice.

Art. 205: Judgment rendered through negligence

Elements:1. That the offender is a judge;2. That he renders a judgment in a case submitted to him for decision;3. That the judgment is manifestly unjust;4. That it is due to his inexcusable negligence or ignorance.

Art. 206: Unjust interlocutory order

Elements:1. That the offender is a judge;2. That he performs any of the following acts:

a. Knowingly renders unjust interlocutory order or decree; orb. He renders a manifestly unjust interlocutory order or decree through inexcusable negligence or ignorance.

Art. 207: Malicious delay in the administration of justice

Elements:1. That the offender is a judge;2. That there is a proceeding in his court;3. That he delays the administration of justice;4. That the delay is malicious, that is, the delay is caused by the judge with deliberate intent to inflict damage on

either party in the case.

Art. 208: Prosecution of offenses; negligence and tolerance

Punishable acts:1. Maliciously refraining from instituting prosecution against violators of the law2. Maliciously tolerating the commission of offenses

Prevaricacion: Dereliction of duty in the prosecution of offenses:Elements:1. That the offender is a public officer or officer of the law who has a duty to cause the prosecution of, or to prosecute

offenses.2. That there is dereliction of the duties of his office; that is, knowing the commission of the crime, he does not cause

the prosecution of the criminal or knowing that a crime is about to be committed, he tolerates its commission.3. That the offender acts with malice and deliberate intent to favor the violator of the law.

Persons liable:1. Public officer2. An officer of the law

Prevaricacion used to be a crime under the Spanish Codigo Penal wherein a public officer, regardless of his duty, violates the oath of his office by not carrying out the duties of his office for which he was sworn to office thus amounting to dereliction of duty.

The thrust of prevaricacion is the breach of the oath of office by the public officer who does an act in relation to his official duties.

The crime committed by the law violator must be proved first. If the guilt of the law-violator is not proved, the person charged with dereliction of duty under this article is not liable.

BIR officers, agents, or employees who, having knowledge or information of a violation of the Internal Revenue Law, fail to report such knowledge or information to their superiors, shall be punished under that law, not under this provision.

Art. 209: Betrayal of trust by an attorney or solicitor

è Punishable acts:

1. Causing damage to his client, either:a. By any malicious breach of professional duty; orb. Inexcusable negligence or ignorance.

-there must be damage to the client2. Revealing any of the secrets of his client learned by him in his professional capacity.

-damage is not necessary3. Undertaking the defense of the opposing party in the same case, without the consent of his first client, after having

undertaken the defense of the said first client, or after having received confidential information from said client.-if there is consent, no crime

"With a view to engaging-" disclosure here is already confidential (Revised Rules on Evidence). The nominal liability under this article may be constituted either from breach of professional duties in the handling of

the case or it may arise out of the confidential relation between the lawyer and the client. Breach of professional duty- tardiness in the prosecution or the case for which reason the case was dismissed for

being non-prosecuted; or tardiness on the part of the defense counsel leading to declaration of default and adverse judgment.

Breach of confidential relation- revealing information obtained or taking advantage thereof by accepting the engagement with the adverse party. There is no need to prove that the client suffered damages. The mere breach of confidential relation is punishable.

Art. 210: Direct bribery Punishable acts:1. Agreeing to perform, or by performing, in

consideration of any offer, promise, gift or present- an act constituting a crime, in connection with the performance of his official duties.

2. Accepting a gift in consideration of the execution of an act which does not constitute a crime, in connection with the performance of his official duty.

3. Agreeing to refrain, or by refraining, from doing something which it is his official duty to do, in consideration of gift or promise.

Qualified bribery- committed by public officers entrusted with the enforcement of law and whose duty is to arrest and prosecute those who violate them where the penalty for the same is reclusion perpetua or higher.

For purposes of punishing bribery, the temporary performance of public functions is sufficient to constitute a person a public officer.

The gift may be received by the public officer himself or through a third person.

The gift or present must be capable of pecuniary estimation.

The crime of direct bribery may be committed only in the attempted and consummated stages, because in frustrated felony, the offender must have performed all the acts of execution which would produce the felony as a consequence.

In Direct bribery, consider whether the official act which the public officer agreed to do is a crime or not:1. If it will amount to a crime, it is not necessary that the corruptor should deliver the consideration on the doing of

the act.2. If it is not a crime, the consideration must be delivered by the corruptor before a public officer can be prosecuted

for bribery.

Bribery refers to the act of the receiver and the act of the giver is Corruption of Public Official.

Art. 211: Indirect bribery

Elements:1. That the offender is a public officer.2. That he accepts gifts.3. That the said gifts are offered to him by reason of his office.

-No attempted or frustrated stage

Art 212: Corruption of public officials

Elements:1. That the offender makes offers or promises or gives gifts or presents to a public officer.2. That the offers or promises are made or the gifts or present given to a public officer, under circumstances that will

make the public officer liable for direct bribery or indirect bribery.

Art. 213: Frauds against the public treasury and similar offensesPunishable Acts:

DIRECT BRIBERY INDIRECT BRIBERYPublic officer receives a gift

Public officer receives a gift

There is an agreement between the public officer and the giver of the gift or present

Usually no such agreement

The offender agrees to perform or performs an act or refrains from doing something because of the gift or promise

Not necessary that the officer would do any particular act or even promise to do an act, as it is enough that he accepts gifts offered to him by reason of his office

1. Entering into an agreement with any interested party or speculator or making use of any other scheme, to defraud the Government, in dealing with any person with regard to furnishing supplies, the making of contracts, or the adjustment or settlement of accounts relating to public property or funds.

2. Demanding, directly or indirectly, the payment of sums different from or larger that those authorized by law, in the collection of taxes, licenses, fees, and other imposts.

3. Failing voluntarily to issue a receipt as provided by law, for any sum of money collected by him officially, in the collection of taxes, licenses, fees, and other imposts.

4. Collecting or receiving, directly or indirectly, by way of payment or otherwise, things or objects of a nature different from that provided by law, in the collection of taxes, licenses, fees, and other imposts.

Elements of frauds against public treasury (par. 1):1. That the offender be a public officer.2. That he should have taken advantage of his office, that is, he intervened in the transaction in his official capacity.3. That he entered into an agreement with any interested party or speculator or made use of any other scheme with

regard to (1) furnishing supplies (2) the making of contracts, or (3) the adjustment or settlement of accounts relating to public property or funds.

4. That the accused had intent to defraud the Government.

Crime of frauds against public treasury is consummated by merely entering into an agreement with any interested party or speculator or by merely making use of any other scheme to defraud the Government.

Elements of illegal exactions:1. The offender is a public officer entrusted with the collection of taxes, licenses, fees, and other imposts.2. He commits any of the following acts:a. Demanding, directly or indirectly, the payment of sums different from or larger that those authorized by law;b. Failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him officially; orc. Collecting or receiving, directly or indirectly, by way of payment or otherwise, things or objects of a nature different

from that provided by law. Mere demand for larger or different amount is sufficient to consummate the crime. When there is deceit in demanding greater fees than those prescribed, the crime is ESTAFA and NOT

ILLEGAL EXACTION. Officers or employees of the Bureau of Internal Revenue or Bureau of Customs not covered by this article.

The National Internal Revenue Code or the Administrative Code applies. The essence of the crime is not misappropriation of any of the amounts but the improper making of the

collection which would prejudice the accounting of collected amounts by the Government. First form: shall demand an amount different from what the law provides payable to the Government. In this form, mere demand will consummate the crime, even if the taxpayer shall refuse to come across with

the amount being demanded. That will not affect the consummation of the crime.

Second form: Shall collect payment due the government without issuing an official receipt or receipt prescribed by law.

The act of receiving payment due the government without issuing a receipt will give rise to illegal exaction even though a provisional receipt has been issued. What the law requires is a receipt in the form prescribed by law, which means official receipt.

Third form: shall accept by way of payment due to the government that which is not in the form prescribed by law.

Under the rules and regulations of the government, payment of checks not belonging to the taxpayer but that of checks of other persons, should not be accepted to settle the obligation of that person.

Art. 214: Other fraudsElements:1. That the offender is a public officer.2. That he takes advantage of his official position.3. That he commits any of the frauds or deceits enumerated in Articles 315 to 318.

Art. 215: Prohibited transactionsElements:1. That the offender is an appointive public officer.2. That he becomes interested, directly or indirectly, in any transaction of exchange or speculation.3. That the transaction takes place within the territory subject to his jurisdiction.4. That he becomes interested in the transaction during his incumbency.

It is sufficient under this article that the appointive officer has an interest in any transaction of exchange or speculation, such as, buying and selling stocks, commodities, land, etc., hoping to take advantage of an expected rise or fall in price.

Art. 216: Possession of prohibited interest by a public officerPersons liable:1. Public officer who, directly or indirectly, became interested in any contract or business which it was his official duty

to intervene.2. Experts, arbitrators, and private accountants who, in like manner, took part in any contract or transaction

connected with the estate or property in the appraisal, distribution or adjudication of which they had acted.3. Guardians and executors with respect to the property belonging to their wards or the estate.

Actual fraud is not necessary. Intervention must be by virtue of the public office held. Correlate with Art. VI Sec. 14 of the 1987 Constitution; Art. VII Sec. 13 and Art. IX-A Sec. 2.

CRIMES CALLED MALVERSATION OF PUBLIC FUNDS OR PROPERTY (Arts. 217-221)

Art. 217: Malversation of public funds or property

Punishable Acts:1. Appropriating public funds or property2. Taking or misappropriating the same3. Consenting or through abandonment or negligence, by permitting any other person to take such public funds or

property4. Being otherwise guilty of the misappropriation or malversation of such funds or propertyCommon elements:1. That the offender is a public officer who has:a. official custody of public funds or property or the duty to collect or receive funds due to the Governmentb. the obligation to account for them to the Government.2. That he had the custody or control of funds or property by reason of the duties of his office.3. That those funds or property were public funds or property for which he was accountable.4. That he appropriated, took, misappropriated or consented or through abandonment or negligence, permitted

another person to take them.

Malversation may be committed by private individuals in the following cases:1. Those in conspiracy with public officers guilty of malversation;2. Those who are accessory or accomplice to a public officer;3. Custodian of public funds or property in whatever capacity;4. Depositary or administrator of public funds or property.

Damage not necessary to the Government. The crime bears a relation between the offender and the funds or property involved, for the crime can be committed

only by an officer accountable for the funds or property which is appropriated. Accountable officer does not refer only to cashier, disbursing officers, property custodian. It is the nature of the

duties, not the relatively important name given to the office, which is the controlling factor in determining whether or not the accused is an accou4ntable public officer.

A public officer having only a qualified charge of government property without authority to part with physical possession of it, unless, upon order from his immediate superior, cannot be held liable for malversation.

If the offender is not the one accountable but somebody else, the crime committed is theft. It will be qualified theft if there is abuse of confidence.

When private property is attached or seized by public authority and the public officer accountable therefor misappropriates the same, malversation is also committed.

Any overage or excess in the collection of an accountable public officer should not be extracted by him and it is commingled with the public funds.

Malversation may be committed by abandonment or negligence. The measure of negligence is the standard of care commensurate with the occasion, and then endeavor to ascertain how far short of this standard falls the act or omission in question.

When an accountable public officer makes a wrong payment through honest mistake as to the law or to the facts concerning his duties, he is not liable for malversation. He is only civilly liable.

Lack of criminal intent or good faith is a defense in malversation not committed through negligence. Presumption of misappropriation- when a demand is made upon an accountable officer and he cannot produce the

fund or property involved, there is prima facie presumption that he had converted the same to his own use. Presumption arises only if at the time the demand to produce the public funds was made, the accountability of the

accused is already determined and liquidated. There can be presumption unless and until the amount of his accountability is already known.

Art. 218: Failure of accountable officer to render accountsElements:1. That the offender is a public officer, whether in the service or separated therefrom.2. That he must be an accountable officer for public funds or property.3. That he is required by law or regulation to render accounts to the Commission on Audit, or to a provincial auditor.4. That he fails to do so for a period of 2 mos. After such accounts should be rendered.

Misappropriation is not necessary. Demand for accounting is not necessary. It is sufficient that there is a law or regulation requiring him to render

account.

Art. 219: Failure of a responsible public officer to render accounts before leaving the country

Elements:1. That the offender is a public officer.2. That he must be an accountable public officer for public funds or property.3. That he unlawfully left (or be on the point of leaving) the Philippines without securing from the Commission on

Audit a certificate showing that his accounts have been finally settled. The act of leaving the country must be unauthorized or not permitted by law.

When an accountable officer leaves the country without first settling his accountability or otherwise securing a clearance from the COA regarding such accountability, the implication is that he left the country because he has misappropriated the funds under his accountability.

Art. 220: Illegal use of public funds or property

This crime is known as technical malversation because the fund or property is already earmarked or appropriated for a certain public purpose.

Elements:1. That the offender is a public officer.2. there is public fund or property under his administration.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 than that for which such fund or property has been appropriated by

law or ordinance.

Art. 221: Failure to make delivery of public funds or property

Punishable Acts:1. Failing to make payment by a public officer who is under obligation to make such payment from Government funds in his

possession.2. Refusing to make delivery by public officer who has been ordered by competent authority to deliver any property in his

custody or under his administration. (Refusal must be malicious)

Art. 222: Officers included in the provisionsPrivate individuals who may be liable under Arts. 217-221:1. Private individuals who, in any capacity whatever, have charge of any national, provincial or municipal funds,

revenue, or property.2. Administrator or depository of funds or property, attached, seized, or deposited by public authority even if such

property belongs to a private individual.

Art. 223: Conniving with or consenting to evasionElements: 1. That the offender is a public officer.2. That he had in his custody or charge, a prisoner, either detention prisoner or prisoner by final judgment.3. That such prisoner escaped from his custody.4. That he was in connivance with the prisoner in the latter's escape. The crime is infidelity in the custody of prisoners if the offender involved is the custodian of the prisoner. When a chief of police released a detention prisoner/s, because he could not file a complaint against them within

the time fixed in Art. 125, he is not guilty of infidelity in the custody of prisoners. There is real and actual evasion of service of a sentence when the custodian permits the prisoner to obtain a

relaxation of his imprisonment and to escape the punishment of being deprived of his liberty, thus making the penalty ineffectual, although the convict may not have fled.

If the jail guard who allowed the prisoner to escape is already off-duty at that time and he is no longer the custodian of the prisoner, the crime committed by him is delivering prisoners from jail.

The crime can be committed also by a private person if the custody of the prisoner has been confided to a private person.

Art. 224: Evasion through negligenceElements:1. That the offender is a public officer.2. That he is charged with the conveyance or custody of a prisoner, either detention prisoner or prisoner by final

judgment.3. That such prisoner escapes through negligence.

What is punished under this is such a definite laxity as all but amounts to deliberate non-performance of duty on the part of the guard.

The fact that the public officer recaptured the prisoner who had escaped from his custody does not afford complete exculpation.

Art. 225: Escape of prisoner under the custody of a person not a public officerElements:1. That the offender is a private person.2. That the conveyance or custody of a prisoner or person under arrest is confided to him.3. That the prisoner or person under arrest escapes.4. That the offender consents to the escape of the prisoner or person under arrest, or that the escape takes place

through his negligence.

This article does not apply the principle in conspiracy that "the act of one is the act of all." If the offender is not the custodian of the prisoner, he is guilty of the crime of delivering prisoners from jail.

Art. 226: Removal, concealment, or destruction of documentsElements:1. That the offender be a public officer.

MALVERSATION ILLEGAL USEOffenders are accountable public officers

Offenders are accountable public officers

Offenders in certain cases profit from the proceeds of the crime

Offenders do not derive personal gain or profit

The public fund is to be applied to the personal use and benefit of the offender or of another person

The public fund or property is applied to another public use

2. That he abstracts, destroys or conceals a document or papers.3. That the said document or papers should have been entrusted to such public officer by reason of his office.4. That damage, whether serious or not, to a third party or to the public interest should have been caused.

Removal must be for illicit purpose with the intention either to:a. tamper with itb. profit by itc. Commit an act constituting a breach of trust in the official care thereof. If the officer was placed in possession of the document but it is not his duty to be the custodian thereof, this crime is

not committed. With respect to official documents, infidelity is committed by destroying the documents, or removing the document

or concealing the document. Damage to public interest is necessary. However, material damage is not necessary. The simple act of retaining the mail without forwarding the letters to their destination, even though without opening

them or taking the moneys they contained, already constitutes infidelity on the part of the post office official.

Art. 227: Officer breaking seal

Elements:1. That the offender is a public officer. 2. That he is charged with the custody of papers or property.3. That these papers or property are sealed by proper authority.4. That he breaks the seal or permits them to be broken.

Where documents are sealed by competent authorities, it is evident that the purpose thereof is to ensure their preservation.

It is not required that there be damage caused or that there be intent to cause damage.

Art. 228: Opening of closed documents

Elements:1. That the offender is a public officer.2. That any closed papers, documents, or objects are entrusted to his custody.3. That he opens or permits to be opened said closed papers, documents or objects.4. That he does not have proper authority.

Art. 229: Revelation of secrets by an officerPunishable Acts:1. Revealing any secrets known to the offending public officer by reason of his official capacity.2. Delivering wrongful papers or copies of papers of which he may have charge and which should not be published. This article does not include the revelation of secrets of the State to belligerent nation, because such acts are

already defined and punished as espionage in Art. 117 or CA No. 616. Damage is an element of an offense.

Art. 230: Public officer revealing secrets of private individualElements:1. That the offender is a public officer.2. That he knows of the secrets of a private individual by reason of his office.3. That he reveals such secrets without authority or justifiable reason.

Revelation to one person is sufficient, for public revelation is not required. Damage to private individuals is not necessary.

Art. 231: Open disobedienceElements:1. That the offender is a judicial or executive officer.2. That there is a judgment, decision or order of a superior authority.3. That such judgment, decision or order was made within the scope of the jurisdiction of the superior authority and

issued with all the legal formalities.4. That the offender without any legal justification openly refuses to execute the said judgment, decision or order,

which he is duty bound to obey.Art. 232: Disobedience to order of superior officer when said order was suspended by inferior officerElements:1. That the offender is a public officer.2. That an order is issued by his superior for execution.3. That he has for any reason suspended the execution of such order.4. That his superior disapproves the suspension of the execution of the order.5. That the offender disobeys his superior despite the disapproval of the suspension.

The order of the superior must be legal; otherwise, this article is inapplicable.

Art. 233: Refusal of assistance Elements:1. That the offender is a public officer.2. That a competent authority demands from the offender that he lend his cooperation towards the administration of

justice or other public service.3. That the offender fails to do so maliciously

Art 234: Refusal to discharge elective officeElements:1. That the offender is elected by popular election to a public office.2. That he refuses to be sworn in or to discharge the duties of said office.3. That there is no legal motive for such refusal to be sworn in or to discharge the duties of said office.

The refusal must be without legal motive. Art. 234 penalizes refusal to discharge the duties of an elective office; refusal to discharge the duties of an

appointive office is not covered by this article.

Art. 235: Maltreatment of prisonersElement:1. That the offender is a public officer2. That he has under his charge a prisoner or detention prisoner3. That he maltreats such prisoner in either of the following manners:

a. By overdoing himself in the correction or handling of a prisoner or detention prisoner under his charge either-

(1) by the imposition of punishments not authorized by the regulations, or(2) by inflicting such punishments (those authorized) in a cruel and humiliating manner; or

b. By maltreating such prisoner to extort a confession or to obtain some information from the prisoner.

The maltreatment (1) must relate to the correction or handling of the prisoner, or (2) must be for the purpose of extorting a confession or of obtaining some information from the prisoner.

If the public officer is not the custodian of the prisoner and he manhandled the latter, the crime is physical injuries. If the maltreatment was done in order to extort confession thereof, the constitutional right of the prisoner is further

violated. The penalty is qualified to the next higher degree.

Art. 236: Anticipation of duties of a public officeElements: 1. That the offender is entitled to hold a public office or employment, either by election or appointment.2. That the law requires that he should first be sworn in and/or should first give a bond.3. That he assumes the performance of the duties and powers of such office.4. That he has not taken his oath of office and/or given the bond required by law.

Art. 237- Prolonging performance of duties and powers Elements:1. That the offender is holding a public office.2. That the period provided by law, regulations or special provisions for holding such office, has already expired.3. That he continues to exercise the duties and powers of such office.

Art. 238: Abandonment of office or position Elements:1. That the offender is a public officer.2. That he formally resigns from his position.3. That his resignation has not yet been accepted.4. That he abandons his office to the detriment of the public service.

Art. 239: Usurpation of legislative powersElements:1. That the offender is an executive or judicial officer.2. That he (a) makes general rules or regulations beyond the scope of his authority or (b) attempts to repeal a law

or (c) suspends the execution thereof.

Art. 240: Usurpation of executive functionsElements:1. That the offender is a judge.2. That he (a) assumes a power pertaining to the executive authorities, or (b) obstructs the executive authorities in

the lawful exercise of their powers.

Art. 241: Usurpation of judicial functions Elements:1. That the offender is an officer of the executive branch of the Government.2. That he (a) assumes judicial powers, or (b) obstructs the execution of any order or decision rendered by any judge

within his jurisdiction.

The purpose of this article is to maintain the separation and independence of the 3 departments of the government and to keep the 3 branches within the legitimate confines of their respective jurisdictions and the officers thereof within the scope of their lawful authority.

Art. 242: Disobeying request for disqualificationElements:1. That the offender is a public officer.2. That a proceeding is pending before such public officer.

3. That there is a question brought before the proper authority regarding his jurisdiction, which is not yet decided.4. That he has been lawfully required to refrain from continuing the proceeding.5. That he continues the proceeding.

Art. 243: Orders or requests by executive officers to any judicial authorityElements:1. That the offender is an executive officer.2. That he addresses any order or suggestion to any judicial authority.3. That the order or suggestion relates to any case or business coming within the exclusive jurisdiction of the courts

of justice.

Art. 244: Unlawful appointmentsElements:1. That the offender is a public officer 2. That he nominates or appoints a person to a public office.3. That such person lacks the legal qualifications thereof4. That the offender knows that his nominee or appointee lacks the qualifications at the time he made the nomination or appointment.

Art. 245: Abuses against chastityWays of committing abuses against chastity:

1. By soliciting or making immoral or indecent advances to a woman interested in matters pending respect to which he is required to submit a report to or consult with a superior officer.2. By soliciting or making immoral or indecent advances to a woman under the offender’s custody3. By soliciting or making immoral or indecent advances to the wife, daughter, sister or relative within the same degree by affinity of any person in the custody of the offending warden or officer

Elements1. That the offender is a public officer.2. That he solicits or makes immoral or indecent advances to woman.3. That such woman must be:

a. interested in matters pending before the offender for decision, or with respect to which he is required to submit a report to or consult with a superior officer;

b. under the custody of the offender who is a warden or other public officer directly charged with the care and custody of prisoners or persons under arrests; or

c. the wife, daughter, sister or relative within the same degree by affinity of the person in the custody of the offender The essence of the crime is mere making of immoral or indecent solicitation or advances. The crime is also committed if the woman is a prisoner and the offender is her jail warden.

TITLE 8CRIMES AGAINST PERSONS

Chapter One DESTRUCTION OF LIFE

Art. 246: PARRICIDE

Elements:1. that a person is killed2. that the deceased is killed by the accused3. that the deceased is the father, mother, or child, whether legitimate or illegitimate, or a legitimate other ascendant or other descendant, or the legitimate spouse of the accused.

Relationship of the offender with the victim is the essential element. The child should not be less than 3 days old, otherwise the crime is infanticide. Relationship is essential element

1. Only relatives by blood and in the direct line, except the spouse, are considered in parricide. There is no parricide in the killing of brothers or sisters being merely collateral.

2. It must be a legitimate relationship except for parent and child where relationship could either be legitimate or illegitimate.

3. By blood, except for husband and wife, there is no parricide in the killing of the adopter of the adoptee or vice versa.

Cases when a person committed a parricide but not imposed the severe penalty (reclusion perpetua to death).

Parricide though negligence (Art. 365).

Parricide by mistake (Art. 249).

Art. 247: Parricide under exceptional circumstances

In the killing of a spouse, there must be a valid subsisting marriage at the time of the killing. Also the information should allege the fact of such marriage between accused and the victim. Marriage certificate is the best evidence, in

the absence oral evidence of the fact of marriage may be considered by the trial court if such proof is not objected to. (People v. Malabago Dec. 1196)

The fact of marriage is necessarily included in the information, failure to allege the same; the accused can not be convicted of parricide as the accused was denied information of the nature of the charge against him.

PARRICIDE INFANTICIDEBased on relationship Based on age of the childCommitted only by relatives enumerated May be committed by strangersConspiracy cannot be applied because relationship is an element. Separate information must be filed for parricide the murder or homicide on the part of the non-relative conspirator as the case may be.

Conspiracy is applicable but only one information shall be prepared for all the conspirators.

To conceal dishonor of the mother is not a mitigating circumstance.

To conceal mothers dishonor is mitigating.

1) DEATH or Physical Injuries Inflicted Under Exceptional Circumstances

Elements:a) a legally married person or a parent surprises his spouse or his daughter, the latter under 18

years of age and living with him, in the act of committing sexual intercourse with another;b) he or she kills any or both of them or inflicts upon any or both of them any serious physical

injury in the act or immediately thereafter; andc) He has not promoted of facilitated prostitution of his wife or daughter, or that he or she has

not consented to the infidelity of the other spouse. Applicable if the daughter is still single. Take note that the discovery, the escape, the pursuit and the killing must all form part of one continuous act. This Article does not define a crime but provides a privilege; the rationale for this is that the killing or injury was

without sufficient intelligence because of the overwhelming passion. Destierro is not a penalty because there is no criminal liability, it is simply provided for the protection of the

accused against retaliation or vendetta. Where mere physical injuries were inflicted there is no liability to speak of. Note that the killing must always be the direct by product of the accused rage, the same being continuous even

though the killing took place at a latter time. Where third persons were injured in the course of the firing by the accused of the paramour, the accused

cannot be held liable as inflicting death under the exceptional circumstances is not murder. (People v. Abarca September 1987)

ISSUES to be resolved:1. Was the surprising made while the intercourse is taking place,

2. Was the killing made during that time or immediately thereafter.

Art. 248: Murder

Elements:1. A person was killed;2. The accused killed him;3. Killing was accompanied by any of the qualifying circumstances mentioned in Art. 248;4. Killing is not parricide or infanticide.

Qualifying Circumstances:1. With treachery, taking advantage of superior strength , with the aid of armed men, or employing means to weaken

defense, or of means or persons to insure or afford impunity;

2. in consideration of price, reward, or promise;

3. By means of fire, poison, explosion, etc.

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

5. With evident premeditation.

6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse.

Treachery and evident premeditation are inherent in murder by means of poison, and as such they cannot be considered as aggravating.

Where the circumstances alleged in the information are not the circumstances proved in the trial, it is not murder because any of the qualifying circumstances in Art. 248 is an ingredient of murder and not merely qualifying circumstances.

Rules for the application of the circumstances which qualify the killing to murder:

1. That murder will exist with only one of circumstances described in Art. 248.a. When more than one of said circumstances is present, the others must be considered as generic

aggravating.

2. That when the other circumstances are absorbed or included in one qualifying circumstance, they cannot be considered as generic aggravating;

3. That any of the qualifying circumstance under Art. 248 must be alleged in the information.

Art. 249: HomicideElements:1. a person was killed;2. accused killed him without any justifying circumstance; 3. accused had intention to kill, which is presumed; and4. Killing was not attended by any of the qualifying circumstances of murder, or by that of parricide or infanticide.

Intent to kill, conclusively presumed when death resulted, when the victim does not die, intent to kill becomes a specific criminal intent which must be established beyond reasonable doubt, otherwise the crime shall fall under physical injuries.

Evidence of intent to kill is important only in attempted or frustrated homicide. It is a hornbook doctrine that an accused cannot be charged of an offense unless it is clearly charged in the

complaint or information. A person charged with homicide by stabbing cannot be convicted when the cause of death is drowning. (People v. Ortega, Jr., July 1997)

How should homicide committed with the use of an unlicensed firearm be dominated?The crime should be homicide, aggravated by illegal possession of firearm, and not illegal possession of firearm, aggravated by homicide as ruled by the trial court as it is the former offense which aggravates the homicide under amendatory law. (People v. Castillo, Feb. 2000)

RA 8294 amended PD 1866, it now provides that if homicide or murder is committed with the use of an unlicensed firearm, such use of unlicensed firearm shall be considered as aggravating circumstance.

Art. 251: Death caused in a tumultuous affray

Elements:1. there be several persons;2. they did not compose groups organized for the common purpose of assaulting and attacking each other

reciprocally;3. these several persons quarreled and assaulted one another in a confused and tumultuous manner;4. someone was killed in the course of the affray;5. it cannot be ascertained who actually killed the deceased; and6. Person or persons who inflicted serious physical injuries or who use violence can be identified.

Tumultuous affray exists when at least four persons took part; Person killed in the course of the affray need not be one of the participants thereof. If person who inflicted fatal wound is known, crime is not homicide in tumultuous affray but homicide under ART.

249.

Persons liable for death in tumultuous affray:1. person or persons who inflicted serious physical injuries;2. if not known who inflicted serious physical injuries on the deceased, all persons who used violence upon the person

of the victim are liable.

The “someone” that is killed may be a participant in the affray or a mere passerby.

Art. 252: Physical injuries inflicted in a tumultuous affray

Elements:1. there is tumultuous affray;2. a participant or some participants thereof suffer serious physical injuries or physical injuries or less serious physical

injuries only;3. person responsible thereof cannot be identified; and4. all who appear to have used violence upon offended party are known.

Injured party must be one or some of the participants in the tumultuous affray. Only one who used violence is liable. Penalty is one degree lower than that for physical injury inflicted. Slight injuries excluded.

Art. 253: Giving Assistance to Suicide

Act Punishable:1. assisting another to commit suicide, whether same is consummated or not;2. by lending his assistance to another to commit suicide to the extent of doing the killing himself.

Euthanasia- mercy killing- the practice of painlessly putting to death a person suffering from some incurable disease. Not considered as lending assistance to suicide because the person killed does not want to die. A doctor who resorts to mercy-killing of his patient may be liable for murder.

Art. 254: Discharge of firearms

Elements:1. Offender discharges a firearm against or at another person; and2. Offender has no intention to kill that person.

If there was no intent to kill and the person shot at was hit, the crime would be a complex crime of illegal discharge of firearm with serious physical injuries. If the injury was slight, two crimes are committed, illegal discharge of firearm and slight physical injury.

Art. 255: Infanticide

Elements:1. a child was killed;2. deceased child was less than 3 days (72 hrs.) of age; and3. Accused killed the child.

Concealing dishonor is not an element of infanticide but the same may mitigate liability only of the mother or maternal grandparents.

What is required if the victim is fetus?The fetus must already be viable; otherwise the crime is not infanticide but abortion. If the fetus had an intra-uterine life of less than seven months and it was destroyed within 24 hours after its complete separation from the womb, it is still abortion.

Art. 256: Intentional Abortion

ACTS PUNISHABLE:1. by using any violence upon a pregnant woman;2. by acting but without using force, without the consent of the woman, ( by administering drugs or beverages upon

such pregnant woman without her consent);3. By acting, (by administering drugs or beverages) with the consent of pregnant.

ELEMENTS:1. there is a pregnant woman;2. violence is exerted, or by administering drugs and beverages, or accused otherwise acts upon such pregnant

woman; and3. as a result of such violence or by administering drugs or beverages, or any acts of the accused, foetus dies, either

in the womb or after having been expelled therefrom.

Note: If foetus could sustain an independent life and is killed, it is infanticide; otherwise it is abortion.

Art. 257: Unintentional Abortion

ELEMENTS:1. there is pregnant woman;2. violence is used upon such pregnant woman;3. violence is intentionally committed; and4. As a result of such violence fetus dies, either in the womb or after having been expelled therefrom.

INTENTIONAL UNINTENTIONALWith or without violence With violence (physical)May be by strangers or by the woman herself or the parents

By strangers only

Stranger knows of the pregnancy of the woman Stranger may not know the pregnancy

Art. 258: Abortion practiced by the woman herself or by her parents

ELEMENTS;1. there is pregnant woman who suffered abortion;2. abortion is intended;3. abortion is caused by:

a. the pregnant woman herself;b. any other person with her consent;c. Any other person with her consent for the purpose of concealing her dishonor.

If the same is sought to conceal dishonor, same may mitigate liability of the mother only.

Art. 259: Abortion practiced by a physician or midwife and dispensing of abortives

ELEMENTS:1. there is a pregnant woman who suffered abortion;

2. abortion is intended;3. offender, who must be physician or midwife, caused or assists in causing abortion;4. Physician or midwife takes advantage of his/her scientific knowledge or skill.

ELEMENTS WITH RESPECT TO PHARMACIST:1. offender is a pharmacist;2. no proper prescription from a physician;3. Offender dispenses any abortive.

RA # 4729 regulates sale dispensation and distribution of contraceptive drugs and devises.

ABORTION INFANTICIDEFetus is still drawing life from its mother Victim is already a personUmbilical cord is not yet cut Umbilical chord is cut and the infant is still aliveThe baby had an intra-uterine life of less than seven months and is killed within 24 hours

The baby had an intra-uterine life of less than 7 months and it is killed after 24 hours

In both cases, the killing by the woman to conceal dishonor is an extenuating circumstance only in the case of mother and grandparents.

The “intentional” or “unintentional” refer to the kind of abortion and not the ways of committing it whether by dolo or culpa.

If when committing intentional abortion, the woman turned out to be not pregnant, it is an impossible crime of abortion. If the non-pregnant woman suffered physical injuries, then the liability is for physical injuries and not for impossible crime which is crime of last resort.

The woman cannot commit unintentional abortion against herself, it is always intentional.

Art. 260: Responsibility of participants in a duel

DUEL- formal or regular combat previously concerted between two parties in the presence of two or more seconds of lawful age on its side, who make selection of arms and fix all other conditions of the fight.

ACTS PUNISHABLE:1. by killing one’s adversary in a duel;2. by inflicting upon such adversary physical injuries; and 3. by making a combat although no physical injuries have been inflicted.

Person’s Liable:1. person who killed or inflicted physical injuries upon his adversary, or both combatants any other case as principals;2. Seconds and accomplices.

Art. 261: Challenging to a duel

ACTS PUNISHED;1. by challenging another to duel;2. inciting another to give or accept a challenge to duel;3. Scoffing or decrying another publicly for having refused to accept a challenge to fight in a duel.

If one is moved by ill-feeling or hatred it is not challenging to duel.

Persons Responsible:1. challenger2. instigator

A person who challenges another to a duel commits grave coercion. If killing occurs, it is homicide or murder as the case may be.

PHYSICAL INJURIES

Art. 262: Mutilation

KINDS: 1. Intentionally mutilating another by depriving him, either totally or partially of some essential organ for reproduction;

2. Intentionally making other mutilation that is by looping or clipping off any part of the body of the offended party other than the essential organ for reproduction to deprive him of that part of the body.

ELEMENTS:1. that there be a castration, that is, mutilation of organs necessary for generation such as pen2. is and ovarium;3. That mutilation is caused purposely and deliberately, that is to deprive the offended party of some essential organ of

reproduction.

The common mistake is to associate this with reproductive organs only. Mutilation includes any part of the human body that is not susceptible to grow again. (Mayhem)

PHYSICAL INJURIES

It is a formal crime because it is penalized on the basis of the gravity of the injury. What is punished is the consequence and not the stage of execution. Hence it cannot be committed in an attempted or frustrated stage.

Serious Physical Injury Less serious PI Slight PIIncapacity for work is beyond 30 days.

10-30 days duration of healing or treatment, incapacitated from work for less than 30 days.

1-9 days duration of healing or treatment, however if medical treatment exceeds 9 days it would qualify as Less Serious.

Deformity is created upon the offended party, healing duration or period of treatment is disregarded.

This involves ill treatment where there is no sign of injury requiring medical treatment.

Deformity;a) The injury brought

about an ugliness upon the offended;

b) Such ugliness would not disappear through natural healing process.

Ill-treatment- is committed by inflicting of pain although there is no wound but the pain suffered gives rise to slight physical injuries.

Physical Injuries Attempted or frustrated homicide/murderThe means employed is not capable of resulting to death.

Intent to kill is determined,

How?Determined by the means employed, an overt act to kill must be established and it cannot simply be manifested by oral threats.

RAPE (R.A. 8353)

Art. 266-A: Rape, When and How Committed

Rape is committed-

1. by a man who shall have carnal knowledge of a woman under any of the following circumstances:a) Through force, threat or intimidation;b) When the offended party is deprived of reason or otherwise unconscious;c) By means of fraudulent machination or grave abuse of authority; andd) When the offended party is under twelve (12) years of age or is demented, even though none of the

circumstances mentioned above is present.

2. By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person’s mouth or anal orifice, or any instrument or object, into genital or anal orifice of another person.

Aggravating/Qualifying Circumstances increases penalty to DEATH1. Victim is under 18 and offender is the parent, ascendant, step-parent, and guardian, relative by consanguinity or

affinity within the 3rd civil degree, or the common-law of the parent of the victim.2. Victim is under the custody of the police or military authorities or any law enforcement or penal institution.3. Rape is committed in full view of the spouse, parent, any of the children or other relatives within the 3 rd civil degree.

NOTE: Jurisprudence used presence instead of full-view; therefore, hearing distance is possible, relation by affinity not included.

4. Victim is a religious engaged in legitimate religious vocation or calling and is personally known to be such by the offender before the time of the commission of the crime.

5. Victim is under 7 years old.6. Offender knows that he has AIDS or any STD and the virus or disease is transmitted to the victim.7. When committed by any member of then AFP or paramilitary units thereof or the PNP or any law enforcement

agency or penal institution, when the offender took advantage of his position to facilitate the commission of the crime.

8. When by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation or disability.9. When the offender knew of the pregnancy of the offended party at the time of the commission of the crime.10. When the offender knew of the mental disability, emotional disorder and or physical handicap of the offended party

at the time of the commission of the crime.NOTE: The above stated circumstances must be alleged in the information to be appreciated as such.

The Supreme Court did not impose death on the following:1. age of the victim was not alleged in the information;2. relationship of the offender and offended not alleged though proved;3. minority and relationship not alleged;4. Where the accused was alleged as stepfather in the information but proved later that he is merely a common-law

spouse of the parent of the offended.

Pardon by the offended party? The valid marriage between the offender and the offended party shall extinguish the action or penalty imposed.

Force in RapeIt does not mean violently, but with the description of force which must be exercised in order to accomplish the act for there is no doubt that unlawful connection with a woman in a state of consciousness, produced by profound sleep, stupor or otherwise amounts to rape.

Force may not be irresistible, all that is necessary that the force used by the accused is sufficient to consummate his evil purpose, or that it was successfully used.

Intimidation in rapeThis includes moral kind that is, threatening the victim with knife. Intimidation is addressed to the mind of the victim and is, therefore subjective. Its presence cannot be tested by any hard and fast rule, but must be viewed in the light of the victim’s perception and judgment at the time of the crime. The working of the human mind under emotional state are unpredictable, people react differently in such situations.

Statutory RapeThis is carnal knowledge of a woman below 12 years old. Force and intimidation need not be proved; sweetheart defense is not a defense. The birth certificate is the best evidence. Consent is immaterial, what is at stake is that the child is of tender age and does not have a will of her own.

Some doctrinal principles:1. Full or complete penetration of the private parts is not necessary as the only essential point to prove

is the entrance or at least the introduction of the male organ in the labia of the pudendum.2. The absence of medical findings by the medico-legal officer does not disprove the commission of

rape, neither is the presentation of the victim’s torn panty fatal to the prosecutions case.3. The purpose of the medical examination is corroborative in nature. Furthermore, the presence of a

laceration in the vagina is not an essential prerequisite to prove that a victim has been raped.4. So long as the testimony of the victim meets the test of credibility, the accused may be convicted of

the offense.5. In incestuous the moral ascendancy of the parent takes the place of force or violence.

CRIMES AGAINST LIBERTY

If there is any crime under Title IX, which has no corresponding provision with crimes under Title II, then the offender may be a public officer or a private person. If there is a corresponding crime under Title II, the offender under Title IX for such similar crime is a private person.

When a public officer conspires with a private person in the commission of any of the crimes under Title IX, the crime is also one committed under this title and not under Title II.

Art. 267: Kidnapping and serious illegal detention

Elements: 1) that the offender is a private individual2) that he kidnaps or detains another, or in any manner deprives the latter of his liberty3) That the act of detention or kidnapping must be illegal.4) That in the commission of the offense, any of the ff. circumstances is present.

a. that the kidnapping or detention lasts for more than 3 daysb. that it is committed simulating public authorityc. that any serious physical injuries are inflicted upon person kidnapped or detained or threats to kill him are

made.d. That the person kidnapped or detained is a minor, female or a public officer.

Detention for more than 3 days not necessary when any of the other circumstances is present Victim need not be placed in an enclosure restraint need not be permanent.

Qualifying Circumstance: Death Penalty

1. Purpose is to extort ransom2. If victims is killed, raped or tortured as a consequence

Ransom: Money, price or consideration paid or demanded for redemption of a captured person that would release then from captivity.

Kidnapping connotes the idea of transporting the offended party from one place to another Illegal detention connotes the idea, that is restrained of his liberty without necessarily transporting him from one

place to another When victim is killed because of his refusal to pay the ransom kidnapping being necessary to commit the murder it

is complex crime of kidnapping with murder. But where he was taken for the purpose of killing him and not for detaining him, crime committed is murder.

RA 7659 modified Art. 267, the amendment brings about a composite crime of Kidnapping with Homicide when it is the victim of the kidnapping who was killed, or dies as a consequence of the detention and thus only one penalty is imposed which is death. Art 48 on complex crimes does not govern

In kidnapping, it is not only that of transporting one person from one place to another, the criminal intent must be established.

FORCIBLE ABDUCTION- if a woman is transported from one place to another by virtue of her of her liberty and that act is coupled with lewd designs.

In KIDNAPPING FOR RANSOM voluntary release will not mitigate the crime because this crime is penalized with the extreme penalty of death

Ransom- it is the money, price or consideration paid or demanded for redemption of the victim/ payment in exchange of the liberty of the victim

Illegal Detention Arbitrary Detention Committed by a private individual who unlawfully

kidnaps, detains or otherwise deprives a person of liberty.

Committed by a public officer or employee who detains a person without legal ground.

Crime is against personal liberty and security Crime against the fundamental law of the state.

Art. 268: Slight illegal detention

Elements: 1) that the offender is private individual2) that he kidnaps or detains another, or in any manner deprives him of his liberty3) that the act of kidnapping or detention is illegal4) that the crime is committed without the attendance of any of the circumstances enumerated in 267

The same liability is incurred by an accomplice who furnished the place for the perpetration of the crime

Privileged Mitigating Circumstances

If the offender:a) voluntarily releases the person so kidnapped or detains within three days from the commencement of the detentionb) without having attained the purpose intendedc) Before the institution of criminal proceedings against him.

Note: When the victim is a female, the detention is punished under Art. 267. Voluntary release is not mitigating circumstance under Art. 267.

Art. 269: Unlawful arrest

Elements:1) that the offender arrests or detains another person2) That the purpose of the offender is to deliver him to the proper authorities.3) That the arrest or detention is not authorized by law or there is no reasonable ground therefore.

Offender is any person, whether public officer or private individual. No period of detention is filed by law, but the motive of the offender is controlling Must be with intention to deliver detainee to proper authorities.

Art. 125 Art. 269 Detention is for some legal ground Detention is not authorized by law Crime is committed by failing to deliver

such person to the proper judicial authority within a certain period of time even if the arrest be for a legal ground.

Committed by making an arrest not authorized by law

Art. 270: Kidnapping and failure to return a minor

Elements:1. that the offender is entrusted with the custody of a minor person (over or under 7 but less than 21)2. That he deliberately fails to restore the said minor to his parents or guardian.

When committed by either parent, penalty is arrest to major or a fine not exceeding P300, or both Art 267 does not apply; Art 270/ 271 applies.

If any of the foregoing elements is absent, the kidnapping of the minor will then fall under Art. 267 If the taking is with the consent of the parents, the crime is committed under this article.

Art. 271: Inducing a minor to abandon his home

Elements:1. That minor (whether over or under 7 years of age) is living in the home of his parents or guardian or the person

entrusted with his custody.

2. That the offender induces said minor to abandon such home.

Inducement must be actual, committed with criminal intent and determined by a will to cause damage. Father or mother may commit crimes under Art. 270 and Art. 271 – Where they are living separately and the

custody of their minor child having been given to one of them, the other parent of such minor child from the one having the lawful custody of said child or induce such minor to leave his home.

Art. 272: Slavery

Elements:1. that the offender purchases, sells, kidnaps or detains a human being2. That the purpose of the offender is to enslave such human being.

If the purpose of the offender is to assign the offended party to some immoral traffic (prostitution), the penalty is higher.

This is committed if anyone shall purchase, kidnap, or detain a human being for the purpose of enslaving him.

The penalty is increased if the purpose of the offender is to assign the offended party to some immoral traffic The employment or custody of a minor with the consent of the parent or guardian although against the

child’s own will cannot be considered involuntary servitude. Art. 273: Exploitation of Child Labor

Elements:1. the offender retains a minor in his service2. that it is against the will of the minor3. That it is under the pretext of reimbursing himself of a debt incurred by an ascendant, guardian a person

entrusted with the custody of such minor.

Art. 274: Services Rendered Under Compulsion in Payment of Debt.

Elements: 1. That the offender compels a debtor to work for him, either as household servant or farm laborer.2. that it is against the debtor’s will3. That the purpose is to require or enforce the payment of a debt.– Does not distinguish whether the victim is a minor or not.

CRIMES AGAINST SECURITY

Abandonment of helpless personsAnd exploitation of minors

Art. 275: Abandonment of Persons in danger and Abandonment of one’s own victim

Punishable Acts:

1. failure to render assistance to any person whom the offender finds in an uninhabited place, wounded or in danger of dying when he can render such assistance without to himself, unless such omission shall constitute a more serious offenseElements:

1. the place is not inhabited2. the accused found there a person wounded or in danger of dying

- It is immaterial that the offender did not know that the child is under 7 yrs. old 3. The accused can render assistance without detriment to himself 4. The accused failed to render assistance

2. Failing to help/render assistance to another whom the offender has accidentally wounded or injured.

3. Failing to deliver a child, under seven years whom the offender has found abandonment, to the authorities or to his family, by failing to state him to a safe place.

- it is immaterial that the offender did not know that the child is under 7 yrs. old– Paragraph 2 of Art. 275 applies only when someone is accidentally injured by the accused

Art. 276: Abandoning a Minor

Elements:

1. that the offender has the custody of a child 2. that the child is under seven years3. that he abandons such child4. that he has no intent to kill the child when the latter is abandoned

– Where there is intent to kill, this article does not apply.

Intent to kill cannot be presumed from the death of the child

The ruling that the intent to kill is presumed from the death of the victim of the crime is applicable only to crimes against person, and not to crimes against security, particularly the crime of abandoning a minor.

– A permanent, conscious and deliberate abandonment is required in this article.

Circumstances Qualifying the Offense

1. When the death of the minor resulted from such abandonment2. If the life of the minor was in danger because of the abandonment

– If the offender is the parent of the minor who is abandoned he shall be deprived of parental authority

Art. 277: Abandonment of Minor by Person Entrusted with his Custody; indifference of parents

Elements of the Abandonment of Minor:

1. That he delivers said minor to a public institution or other persons2. That the one who entrusted such child to the offender has not consented to such act, or if the one who entrusted

such child to the offender is absent, the proper authorities have not consented to it.

Elements of the Indifference of Parents:

1. That the offender is a parent2. That he neglects his children by not giving them education3. That his station in life requires such education and his financial condition permits it.4. Failure to give education must be due to deliberate desire to evade such obligation

– Obligation to educate children terminates, if mother and children refuse without good reason to live with accused.

Art. 278: Exploitation of Minors

Acts Punished:

1. Causing any boy or girl under 16 to perform any dangerous feat of balancing, physical, or contortion, the offender being any person.

2. Employing children 16 who are not children or descendants of the offender in exhibitions of acrobat, gymnast, rope-walker, diver or wild animal tamer, the offender being an acrobat, etc. or circus manager or engaged in a similar calling.

3. Employing any descendant under 12 years of age in dangerous exhibitions enumerates in the next preceding paragraph, the offender being engaged in any of the said calling.

4. Delivering a child under 16 gratuitously to any person in any of the callings enumerated, or to any habitual vagrant or beggar, the offender being an ascendant, guardian, teacher, or person entrusted in any capacity with the care of such child.

5. Inducing any child under 16 to abandon the home of its ascendants, guardians, curators or teachers to fallow any person engaged in any callings mentioned or to accompany any habitual vagrant or beggar, the offender being any person.

Circumstance Qualifying the Offense

- If the offense is committed by means of violence or intimidation, the penalty is higher.Note: RA. 7610 punished abuse, exploitation and discrimination of minors.

- The exploitation of minors must refer to act endangering the life or safety of the minor.

The offender is engaged in a kind of business that would place the life or limb of the minor in danger, even though working for him is not against the will of the child.

Art. 280: Qualified Trespass to Dwelling

Elements:1. That the offender is a private person2. That he enters the dwelling of another3. That such entrance is against the latter’s will

Circumstance qualifying the offense

- If the offense is committed by means of violence or intimidation, the penalty is higher.- Dwelling includes room when occupied by another person

Dwelling defined

- Any building or structure exclusively devoted for rest and comfort, as distinguished from places devoted to business, offices etc.

Absolutely Causes:

1) If the entrance to another’s dwelling is made for purpose of preventing some serious harm to himself, the occupants of the dwelling or third person;

2) If the purpose is to render some service to humanity or justice; and

3) If the place where entrance is made is a café, tavern, inn and other public house, while the same are open.

Prohibited is implied in entrance through the window Prohibited must be in existence prior to or at the time of entrance Prohibited, not necessary when violence or intimidation is employed by the offender. All trespassers ordinarily have intention to commit another crime, but if there is no overt act of the crime intended to be committed the crime is only trespass to dwelling. Against The Will- means that the entrance is either expressly or impliedly prohibited or the prohibition is presumed. Fraudulent entrance may constitute trespass. The prohibition to enter may be made at any time and not necessarily at the time of the entrance Cases when Art 280 does not apply:

a) when the purpose of the entrance is to prevent serious harm to himself, the occupant or third personsb) when the purpose of the offender in entering is to render some service to humanity or justicec) Anyone who shall enter cafes, taverns, inns and other public houses while they are open.

Art. 281: Other Forms of Trespass

Elements:1. That the offender enters the closed premises or the fenced estate of another.2. That the entrance is made while either of them is uninhabited.3. That the prohibition to enter be manifest.4. That the trespasser has not secured the permission of the owner or the caretaker thereof.5.Premises defined

- Signifies distinct and definite locality. It may mean a room, shop, building or definite area, but in either case, locality is fixed.

- Entering a warehouse may be trespass under this article because the warehouse is a closed premise.

Art. 280 Art. 281 Offender is a private person Detention is not authorized by law Offender enters a dwelling house Offender enters closed premises or fenced

estate. Place entered is inhabited Place enter is uninhabited Act constituting the crime is entering the

dwelling against the will of the owner It is entering the closed premises or the

fenced estate without securing the permission on of the owner or care taker thereof.

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

P.D 772: Penalizes squatting and other similar acts

Threats and coercion

Art. 282: Grave Threats

Punishable Acts:

1. By threatening another with the infliction upon his person honor or property or that of his family of any wrong amounting to a crime and demanding money or imposing any other condition, even though not unlawful, and the offender attained his purpose.

2. By taking such without the offender attaining his purpose.3. By threatening another with the infliction upon this person, honor or property or that of his family of any wrong

amounting to a crime, the threat is not being subject to a condition.

- Essence of the crime of threats is intimidation- Qualifying Circumstances: if threat was made in writing or through a middleman- The act threatened must be wrong - The crime is consummated as soon as the threats come to the knowledge of the person threatened, not

necessary that the offended party was present at the time the threats were made.- Threats made in connection with commission of other crimes are absorbed by the latten; but if the threat

was made with the deliberate purpose of creating in the mind of the person threatened the belief that the threat would be carried into effect, the crime is Grave Threats, and the minor crime which accompanied it should be disregarded.

- The offender in grave threats does not demand the delivery on the spot of the money or offer personal property asked by him, otherwise the crime is robbery with intimidation.

Penalty to be imposed:

- if the offender attained his purpose, the penalty one degree lower of the penalty for the crime threatened to be committed shall be imposed

- If the threat is not subject to a condition, the penalty is fixed.

Art. 283: Light Threats

Element:1. That the offender makes a threat to commit a wrong.2. That the wrong does not constitute a crime.3. That there is a demand for money or that other condition is imposed, even though not unlawful.4. that the offender has or, has not attained his purpose

- Light are committed in the same manner as grave threats, except that the act threatened to be committed should not be a crime.

- Blackmailing may be punished under Art. 283

Art 284: Bond for Good Behavior

Cases when a person is obliged to file the bond1. When the threatens another under circumstances mentioned in 2822. when the threatens another under circumstances mentioned under 283

Art. 35 bond to keep the peace not made applicable to any particular case it is an additional penalty applicable only to cases of grave threats and light threats.

THREATS ROBBERYThe intimidation is clear and conditional Intimidation is actual and immediateIt maybe through an intermediary Intimidation is personalRefers to a person, honor or property Refers to personal propertyGain is not an essential element There in intent to gainThe danger to the victim is not instant Imminent to the victim

Art. 285: Other light threats

Prohibited Acts:1. Threatening another with a weapon, or by inducing such weapon in a quarrel, unless it is in lawful self-defense.2. Orally threatening another, in the heat of anger, with some harm constituting a crime, without persisting in the idea

involved in his threat.3. by orally threatening to do another any harm not constituting a felony.

o Other light threats can be committed even the person to whom it is directed is absent o Where the threats are directed to a person who is absent and uttered in a temporary fit of anger, the offense is

only light threats.

ART 286: Grave Coercions: Two ways of committing Grave Coercions: 1. By preventing another, by means of violence, threats or intimidation, from doing something not

prohibited by law .2. By compelling another, by means of violence, threats or intimidation, to do something against his

Will, whether it be right or wrong.Elements:1. that a person presented 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 the prevention or compulsion be effected by violence, threats or intimidation; and 3. that the person that restrained the will and liberty of 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.

o In grave coercion, the act of preventing by force must be made at the time the offended party was doing or about to do the act to be prevented. If the act was already done when violence is exerted, the crime is unjust vexation.

- Coercion is consummated even if the offended party did not accede to the purpose of the coercion.o grave coercion arises only if the act which the offender prevented to do so is not prohibited by law or ordinanceo The violence employed must be immediate, actual or imminent. The essence of coercion is an attack on

individual liberty

Art. 287: Light CoercionElements:

1. That the offender must be a creditor 2. That he seizes anything belonging to his debtor3. That the seizure of the thing be accomplished by means of violence or a display of material force producing

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

o If there is no violence employed, the act is punishable under paragraph 2 of article 287o Unjust includes any human conducts which although not productive of some physical or material would,

however, unjustly annoy or vex an innocent person.

- Kissing a girl, without performing acts of lasciviousness, is unjust vexation.- There is no violence or intimidation in unjust vexation

Art 288: Other similar coercions (compulsory purchase of merchandise and payment of wages by means of tokens)

Punishable Acts:1. Forcing or compelling, directly or indirectly or knowingly permitting the forcing or compelling of the laborer or employee of the offender to purchase merchandise or commodities of any kind from him.2. Paying the wages due his laborer or employee by means of tokens or objects other that the legal tender currency of the Phil., unless expressly requested by such laborer or employee.

Elements of Act. No. 1a) that the offender is any person, agents or officer of any association or corporation.b) That he or such firm or corporation has employed laborers or employees.c) That he forces or compels, directly or indirectly, or knowingly permits to be forced or compelled, any

of his or its laborers or employees to purchase merchandise of commodities of any kind from him or from said firm or corporation

Elements of Act. No. 2a) That the offender pays the wages due a laborer or employee employed by him by means of tokens or objects.b) That these tokens or objects one other than the legal tender currency of the Philippines.c) That such employee or laborer does not expressly request that he be paid by means of tokens or objects.

Art 289: Formation, maintenance, and prohibition of combination of capital or labor through violence or threats.

Elements:1) That the offender employs violence or threats, in such a degree as to compel or force the laborers or employers in the free and legal exercise of their industry or work.1) That the purpose is to organize, maintain or prevent coalitions of capital or labor, strike of laborers or lockout of employers.

The act should mot be a more pervious offense Peaceful picketing, not prohibitedo Peaceful picketing is part of freedom of speech and therefore, cannot be prohibited Employing violence or making threat by picketers may make them liable for coercion. Preventing employee from joining any registered labor organization is punished under the labor code, not under the revised penal code

Art. 290: Discovering secrets through of correspondence

Elements:1. That the offender is a private individual or even a public officer not in the exercise of his official function.1. that the seizes the papers of letters of another2. that the purpose is to discover the secrets of such another person3. That offender is informed of the contents of the papers of letters seized.

This article does not require that the offended party be prejudiced. Circumstance qualifying the offense:o When the offender reveals the contents of such paper or letters of another to a third person, the penalty is

higher. *this article is inapplicable to:

a) parentsb) guardiansc) or persons entrusted with the custody of minors under their cared) spousee) teachers or other persons entrusted with the care and education of the minor

Art 291: Revealing secrets with abuse of OfficeElements:1. that the offender is a manager, employee or servant1. That the offender learns the secrets of is principal of master in such capacity.2. That he reveals such secrets.

- The secret must have come to their knowledge by reason of their office or position.- Damage is not necessary

Art. 292: Revelation of Industrial Secrets

Elements:1. That the offender is a person in charge, employee or workman of a manufacturing or industrial establishment.2. That the manufacturing or industrial establishment has a secret of the industry which the offender has learned.3. That the offender reveals such secrets.4. That prejudice is caused to the owner.

- Secrets must relate to manufacturing processes- The revelation of the secret might be made after the employee or workman had ceased to be connected

with the establishment.- Prejudice is an element of the offense.

Anti – Fencing Law(P.D. 1612)

Fencing = is that act of any person who, with intent to gain for himself or for another, shall buy, receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any other manner deal in any article, item, object or anything of value which he knows, or should be known to him, to have been derived from the proceeds of the crime of robbery or theft.

Fence = includes any person, firm, association, corporation, or partnership or other organization who/which commits the act of fencing.

Liability of Officials of Juridical PersonsIf the fence is a partnership, firm, corporation, or association, the president or the manager or any officer thereof who knows or should have known the commission of the offense shall be liable.

Presumption of FencingMere possession of any good, article, item, object, or anything of value which has been the subject of robbery thievery shall be prime facie evidence of fencing.

Clearance/Permit to sell used Secondhand ArticlesFor purpose of this act, all stores, establishments or entities dealing in the buy and sell of any good, article, item, objects or anything of value obtained from an unlicensed dealer or supplier theory, shall before offering the same for sale to the public, secure the necessary clearance or permit from the station commander of the Integrated National Police in the town or city where such store, establishment or entity is located.

Any person who fails to secure the clearance or permit requires by this section or who violates any of the rules and regulations promulgated hereunder shall upon conviction be punished as Fence.

CRIMES AGAINST PROPERTY

ROBBERY IN GENERAL

ROBBERY, Defined:

Robbery is the taking of personal property belonging to another, with intent to gain, by means of violence against, or intimidation of any person, or using force upon anything, shall be guilty of robbery.

CLASSIFICATION OF ROBBERY:

1. Robbery with violence against, or intimidation of persons. (Articles 294,297 and 298)

2. Robbery by the use of force upon things. (Articles 299 and 302)

ELEMENTS OF ROBBERY IN GENERAL

a. That there be of (1)personal property (2) belonging to another;b. That there is (3) unlawful taking of the property;c. That the taking must be (4) with intent to gain;d. That there is (5) violence against or intimidation of any person or force upon anythings.

In the commission of the crime of robbery, it is not necessary that the person for whom the property is taken by means of threats and violence, shall be the owner thereof. It is sufficient if the property is taken from him by such means, for the purpose of gain, on the part of the person appropriating it.

Even the owner of the property may be guilty of robbery when, for a instance he takes it from the possession of a bailee, with the intent to charge the bailee with its value.

Art. 294: ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS

Kinds of Robbery with violence against or intimidation of persons:

1. When by reason of robbery or on occasion of the robbery homicide shall have been committed; or when robbery is accompanied by rape or intentional mutilation or arson.

2. When or by reason or on occasion of such robbery serious physical injuries penalized in subdivision 1 of Article 263 shall have been inflicted.

3. When by reason on occasion of such robbery serious physical injuries penalized in subdivision 2 of Article 263 shall have been inflicted.

4. If the violence or intimidation employed shall have been carried to a degree unnecessary for the commission of the crime, or when in the course of its execution, the offender inflicted upon any person not responsible for its commission any of the physical injuries covered by subdivisions 3 and 4 or Article 263.

5. Other cases of violence or intimidation

The phrases “on the occasion” and “by reason” of the robbery mean that the homicide, rape and serious physical injuries defined in paragraphs 1 and 2 of Article 263 must be committed in the course or because of the robbery. Robbery is a complex crime because there one penalty prescribed, even if two crimes are committed. Article 48 applies only when a complex crime is not punished with a specific penalty.

ROBBERY WITH HOMICIDE

The form “HOMICIDE” is used in the generic sense and the complex crime there in contemplated comprehends not only robbery with homicide in its restricted sense but also with robbery with murder.

Any and all forms of killing (murder, parricide, infanticide) are referred to as HOMICIDE. As long as there is only one (1) robbery, regardless of the persons killed, the crime will only be one count of robbery with homicide. The fact that there multiple killings committed in the course of the robbery will be considered only as AGGRAVATING so as to call for the imposition of the maximum penalty prescribed by law. If somebody is killed and physical injuries are also inflicted by reason or on the occasion of the robbery, the physical injuries inflicted are only considered AGGRAVATING CIRCUMSTANCES in the crime of robbery with homicide. If in the course of the robbery another robber is killed by his companion, the crime committed is still robbery with homicide. The law does not require that the person killed is the owner of the property taken. The same is true even if the person killed was an innocent bystander and not the person robbed. When homicide is not proved, the crime is only robbery.

ROBBERY WITH RAPE

This is usually committed when, while some robbers are ransacking for personal property in the house, the other is raping a woman in the same house.

If is not necessary that the rape be committed prior to our simultaneously with the robbery. For the law says, in the definition of the crime, that when the robbery is accompanied by rape on mutilation, etc.

N.B. If the rape is committed against a woman in a house other than that the robbery is committed, the rape should be considered a separate offense.

There is no such crime as robbery with attempted rape, because a robbery cannot be a necessary means to commit attempted rape; nor attempted rape, to commit robbery. Both crimes cannot be the result of a SINGLE ACT. The rape must be consummated.

If rape was the primary objective of the occurred, and his taking of the jewels of the victim was NOT WITH INTENT TO GAIN but just to have some tokens of her supposed consent to the coition, the accused committed two district crimes of rape and unjust vexation.

If the woman raped pardoned or married the robber, the crime remains robbery with rape. The rape is not erased, because the crime is robbery which is a crime against property.

ROBBERY WITH PHYSICAL INJURIES

If in the occasion of the robbery, one of the offenders inflicted upon another robber, physical injuries, there is no crime of robbery with physical injuries because the wording of the law says “UPON ANY PERSON NOT RESPONSIBLE FOR ITS COMMISSION.”

However, if the physical injuries inflicted are those falling under subdivision 1 and 2 of Article 263, even though the physical injuries were inflicted upon one of the robbers themselves, and even though it had been inflicted after the robbery was already consummated, the crime will still be robbery with serious physical injuries. There will only be one count of accusation.

The physical injuries must always be serious. If they are only LESS SERIOUS OR SLIGHT they are absorbed in the robbery. The crime becomes merely robbery.

But if the less serious physical injuries are committed after the robbery was already consummated, there will be a separate charge for less serious physical injuries.

ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS IS QUALIFIED WHEN:

If any of the offenses defined in subdivisions 3, 4 and t of Article 294 is committed

1. in an uninhabited place, or2. by a band;3. by attacking a moving train, street car, motor vehicle, or airship, or 4. by entering the passenger’s compartments in a train, or in any manner taking the passengers there of by surprise in

the respective conveyances, or5. on a street, road highway, or alley, and the intimidation is made with the use of firearms, the offender shall be

punished by the maximum periods of the proper penalties prescribed in Article 294.

Any of these five (5) QUALIFYING CIRCUMSTANCES of robbery with physical injuries or intimidation most be alleged in the information and proved during the trial.

It cannot be offset by GENERIC MITIGATING CIRCUMSTANCES. The qualifying circumstances do not apply with Robbery with Homicide, Rape or with

Serious Physical Injuries under subdivision 1 of Article 263. If said circumstances are present, they are only GENERIC AGGRAVATING CIRCUMSTANCES.

Art. 296. DEFINITION OF A BAND AND PENALTY INCURRED BY THE MEMBERS THEREOF:

BAND Defined.

When at least four (4) armed malefactors take part in the commission of a robbery, it is denied committed by a band.

When any of the arms used in the commission of the robbery is not licensed, the penalty upon all the malefactors shall be the maximum of the corresponding penalty provided by law, without prejudice to the criminal liability for illegal possession of such firearms.

Any number of the band who was present at the commission of a robbery by the band shall be punished as principal of any of the assaults committed by the band, unless it is shown that he attempted to prevent the same. But when there is CONSPIRACY to commit homicide and robbery, all the acts of conspiracy, even if less than four armed men, are liable for the special complex crime of robbery with homicide, rape, etc.

Article 297 provides that whether the robbery is attempted or frustrated, the penalty is still the same.

However, in an attempted or frustrated robbery, the killing of the victim is qualified by treachery or relationship, the proper penalty for murder or parricide shall be imposed because it is more severe.

Robbery with Homicide and/or Attempted or Frustrated Robbery with homicide is a SPECIAL COMPLEX CRIME not governed by Article 48, but by the special provisions of Articles 297, respectively. However, when the offense committed is attempted or frustrated robbery with serious physical injuries, Article 48 is applicable.

ART. 298 EXECUTION OF DEEDS BY MEANS OF VIOLENCE OF INTIMIDATION

ELEMENTS:

1. That the offender has intent to defraud another.2. That the offender compels him to sign, execute, or deliver any public instrument or document.3. That the compulsion is by means of violence or intimidation.

The document need not be PUBLIC. The Spanish test of this article says “ESCRITURA PUBLICA O DOCUMENTO.” The adjective “PUBLIC” must therefore describe the word “INSTRUMENT” only. Hence, delivered is a private or commercial paper.

not applicable if the document is VOID.

II. ROBBERY BY THE USE OF FORCE UPON THINGS

The “force upon things” contemplated requires some element of trespass into the establishment where the robbery was committed. The offender must have FORCED TO ENTER INTO the premises when the robbery was committed. If no entry was effected even through force may have been employed actually in the taking of the property from within the premises, the crime will only be THEFT.

TWO (2) PREDICATES THAT WILL GIVE RISE TO THE CRIME AS ROBBERY:

1. By mere entering alone, a robbery will be committed if any personal property is taken from within.2. The entering will not give rise to robbery even if something is taken inside. It’s the breaking of the receptacle or

closet or cabinet where the personal property is kept that will give rise to robbery.

UNDER THE FIRST PREDICATE THE ELEMENTS ARE:

1. That the offender entered (a) an inhabited house, or (b) public building, or (c) edifice devoted to religious worship.

2. That the entrance was effected by any of the following means:a. Through an opening not intended for entrance or egress;b. By breaking any wall, roof, or floor or breaking any door or window;c. By using false keys, picklocks or similar tools; ord. By using any fictitious name or pretending the exercise of public authority.

2. That once inside the building, the offender took personal property belonging to another with intent to gain.

The offender must “ENTER” house or building in which the robbery is committed. There must be evidence or the facts must show that the accused entered the dwelling, house or building by any of the means enumerated. Thus, if the offender merely inserted his hard through an opening in the wall or used a pole through the window to get the clothes inside the room, while the offender remained outside the house or building, the crime committed is THEFT, not ROBBERY.

If the entering was done through the window, even if the window is not broken, that would characterize the taking of personal property inside as robbery, because the window is not an opening intended for entrance.

Ordinarily, the interpretation was that in order that there be a breaking of the door in contemplation of law, there must be save damage. If the door was not damaged but only the lack attached to the door was broken, the taking from within is only THEFT. BUT THE RULING IS NOW ABANDONED BECAUSE THE DOOR IS CONSIDERED USELESS WITHOUT THE LOCK.

If the picklock of false key was used not to enter the premises because the offender had already entered but was used to unlock an interior door or even a receptacle where the valuable or personal belonging was taken, the use of false keys or pick lock will not give rise to robbery with force upon things entrance, and not to extract personal belongings from the place where it is biro kept.

UNDER THE SECOND PREDICATE, THE ELEMENTS ARE:

1. That the offender is inside a dwelling house, public building or edifice development to religious worship regardless ok the circumstances:

2. That he offend personal property belonging to another, with the initial to gain, under any other following;a. by the breaking of doors wardrobe, changes, or any my other kind of locked or sealed furniture or

receptacle; orb. by taking much furniture or objects way to be broken as forced open the pace of the group.

ROBBERY WITH FORCE UPON THINGS (299), in order to be qualified, must be committed in an UNINHABITED PLACE and BY INTIMIDATION OF PERSONS must be committed in an (1.)UNINHABITED PLACE or (2) BY A BAND (Art. 295)

DEPENDENCIES, Defined:

Are all interior courts, corrals, warehouses, granaries or enclosed places contiguous to the building or edifice, having an interior entrance connected therewith, and which form part of the whole.

ART. 302 ROBBERY IN AN UNINHABITED PLACE OR IN A PRIVATE BUILDING

ELEMENTS:

1. That the offender entered an uninhabited place or a building which was not a dwelling house, not a public building, or not an edifice devoted to religious worship.

2. That any of the following circumstances was present:a. The entrance was effected through an opening not intended for entrance or egress;b. A wall, roof, floor, or outside door or window was broken;c. The entrance was effected through the use of false keys, picklocks or other similar tools;d. A door, wardrobe, chest, or any sealed or closed furniture or receptacle was broken; ore. A closed or sealed receptacle was removed, even if the same be broken open elsewhere.

2. That with intent to gain, the offender took therefrom personal property belonging to another.

The use of fictitious name or pretending the exercise of public authority is not a means of entering the building under this article, because the place uninhabited and 20 no problem could be deceived. Thereby.

ROBBERY OF CEREALS, FRUITS, OR FIREWOOD IN AN UNINHABITED PLACE OR PRIVATE BUILDING:

When the robbery described in Articles 299and 302 consists in the taking of cereals, fruit, or firewood. The penalty next loaner mi degree than that prescribed in said articles shall be imposed

ART. 304 ILLEGAL POSSESSION OF PICKLOCKS OR SIMILAR TOOLS

ELEMENTS:

1. That the offender has in his possession pick/labels on similar tools.2. That they are especially adopted 3. That the offender does not have lawful cause for such possession.4. It is not necessary that they actually used to commit flattered.

CHAPTER IIBRIGANDAGE

THERE IS BRIGANDAGE WHEN:1. There be at least four (4) armed person.2. They formed a band of robbers.3. The purpose is any or the following:

a. To commit robbery in the highway; orb. To kidnap persons for the purpose of extortion or to obtain ransom; orc. To attain by means of force and violence ay other purpose.

The existence of any of the purposes mentioned is sufficient. It would not be necessary to show in a prosecution under this article that a member or members of the band actually committed highway robbery, etc., in order to convict them, because the main object of law is to prevent formation of band of robbers.

ART. 307 AIDING AND ABETTING A BAND OF BRIGANDS

ELEMENTS:1. That, there is a band of brigands.2. That the offender knows the land to be brigands.3. That the offender does any of the following acts:

a. He in any manner aids, abets or protects such band of brigands;b. He gives information of the police or other please qualification.c. He acquires or receives often property taken by finish brigands.

PRESUMPTION: It shall be presumed that the person performing any of the acts provided in the article has performed them knowingly, unless the contrary is proven.

CHAPTER IIITHEFT

THEFT, Defined:Theft is committed by any person, who intent to gain but without violence against or intimidation to persons nor force upon things, shall take personal property of another without the latter’s consent.

PERSONS LIABLE FOR THEFT:

1. Those who, (a) with intent to gain, (b) but without violence against or intimidation of persons nor force upon things, (c)take (d) personal property (e) of another (f) without the latter’s consent.

2. Those who, (a) having found lost property, (b) fail to deliver the same to the local authorities or to its owner.3. Those who, (a) after having maliciously damaged the property of another, (b) remove or make use of the fruits or

objects of the damage caused by them.4. Those who (a) enter an enclosed estate or a field where (b)trespass is forbidden or which belongs to another and,

without the consent of its owner, (c) hunt or fish upon the same or gather fruits, cereals or other forest or farm products.

ELEMENTS OF THEFT:

1. That there be taking of personal property.2. That said property belongs to another.3. That the taking be done with intent to gain.4. That the taking be done without the consent of the owner.5. That the taking be accomplished without the use of violence against or intimidation of persons or force upon things.

(U.S. vs. De Vera, 43 Phil. 1000; People vs. Yusay, 50 Phil. 598)

BASIS OF PENALTY ARE THE FF:

1. The value of the things stolen;2. The value and also the nature of the property taken; or3. The circumstances or causes that impelled the culprit to commit the crime.

Theft is consummated when the offender/s were able to take possession of the thing taken by them. It is not an indispensable element of Theft that the thief carries, more or less away, the thing token by him from its owner.

The taking is considered complete only when the offender is able to place the thing taken under his control and in such a situation as he could dispose of it at once.

On other cases, it was held that asportation is complete from the moment the offender had full possession of the thing, even if he did not have an opportunity to dispose of the same. “Intent to gain” is presumed from the unlawful taking of personal property belonging to another.

It is not necessary that there was real or actual gain in the part of the offender or that he removed the stolen animals in order to make use of or device some benefit from them. It is enough that on taking them, he was then actuated by the desire or intent to gain.

PRESUMPTION (DOCTRINE OF POSSESSION) when a person has in his possession, part of the recently stolen property, he is pressured to be the thief of all, in the absence of satisfactory explanation of his possession.

FINDER OF LOST PROPERTY; Things to be considered OR proved:

1. The time of seizure of the thing;2. That he accused having the opportunity to return or deliver the lost property to its owner or to the local authorities,

refrained from doing so.

Intent to gain is inferred, from the deliberate failure to deliver the lost property to the proper person, the finder knowing that the property does not belong to him.

HUNTING, FISHING, OR GATHERING FRUITS, etc., IN ENCLOSED ESTATE:

ELEMENTS:

1. That there is an enclosed estate or a field where trespass is forbidden or which belongs to another;2. That he offender enters the same;3. That the offender hunts or fishes upon the same or gathers fruits, cereals or other forest or farm products in the

estate or field; and4. That the hunting or fishing or gathering of products is without the consent of the owner.

THEFT IS QUALIFIED IF:

1. If the theft is committed by a domestic servant.2. If the theft is committed with grave abuse of confidence.3. If the property stolen is a (a) motor vehicle, (b) mail matter, or (c) large cattle.4. If the property stolen consists of coconuts taken from the premises of a plantation.5. If the property stolen is fish taken from a fishpond or fishery.6. If property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or any other calamity vehicular

accident or civil disturbance.

It is not necessary that the domestic servant committed the crime with grave abuse of authority. That there not be allegation in the information the proof of relation by reason of dependence,

guardianship or vigilance, between the accused and the offended parts, that has created a high degree of confidence between then, which the accused abused.

Theft of Property of National Library and Museum has a fixed penalty regardless of its value (Art. 311)

CHAPTER VUSURPATION

Art. 312: OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL RIGHTS IN PROPERTY

ACTS PUNISHABLE:

1. By taking possession of any real property belonging to another by means of violence against or intimidation of persons.

2. By usurping any real rights in property to another by means of violence against or intimidation of persons.

ELEMENTS:

a. That the offender takes possession of any real property or usurps any real rights in property.b. That the real property or real rights belong to another.c. That violence against or intimidation of persons is used by the offender in occupying real property or usurping real

rights in property.d. That there is intent to gain.

Criminal action for usurpation of real property is not a far for the filing of civil action for FORCIBLE ENTRY.

Art. 313: ALTERING BOUNDARIES OF LANDMARKS

ELEMENTS:

1. That there be boundary marks or monuments of towns provinces, or states, or any other marks intended to designate the boundaries of the same.

2. That eh offender alters said boundary marks.

Intent to gain is not necessary. Mere alteration is punishable.

CHAPTER VCULPABLE INSOLVENCY

Art. 315: FRAUDULENT INSOVENCY

ELEMENTS:

1. That the offender is a debtor; that is, he has obligation due and payable.2. That he absconds with his property, real or personal.3. That there be prejudice to his auditors.

Fraudulent concealment of property is not sufficient in the debtor has some other property/properties with which to satisfy his obligation.

CHAPTER VISWINDLING AND OTHER DECEITS

ELEMENTS OF ESTAFA IN GENERAL:

1. That the accused defrauded another (a) by abuse of confidence, or (b) by means of deceit; and2. That damage or prejudice capable of pecuniary estimation is caused to the offended party or third person.

It is necessary that the damage or prejudice be capable of pecuniary estimation, because the amount or damage or prejudice is the basis of the penalty of estafa.

THE FIRST ELEMENT COVERS THE TREE DIFFERENT WAYS OF COMMITTING ESTAFA UNDER ARTICLE 315, NAMELY:

1. with unfaithfulness or abuse of confidence;2. by means of false pretenses or fraudulent acts; or3. through fraudulent means.

ELEMENTS OF ESTAFA WITH UNFAITHFULNESS:

1. That the offender has an onerous obligation to deliver something of value.2. That he alters his substances, quantity or quality.3. That damage or prejudice is caused to another.

ILLUSTRATION: Altering the Substances

Pedro sold 500 tin cans of condensed milk to Juan, when they were delivered, 200 cans contained evaporated milk.

ILLUSTRATION: Altering the Quantity

Pedro who, after having agreed to the sale of 500 cans of milk, and having received the payment thereof, delivers to Juan 450 can only.

ILLUSTRATION: Altering the Quality

Pedro agreed to sell to Juan imported condensed milk and received from Juan the purchase price thereof. But when they were delivered to Juan, it was found to be locally made. The damage consists in the difference in the value of the milk.

ELEMENT OF ESTAFA WITH ABUSE OF CONFIDENCE:

1. That money, goods, or other personal property be received by the offender in trust, or on commission, or for administration, or under any other obligation involving the duty to make delivery of, or to return, the same;

2. That there be misappropriation or conversion of such money or property by the offender, or denial on his part of such receipt;

3. That such misappropriation or conversion or denial is the prejudice of another; and4. That there is a demand made by the offended party to the offender.

JURIDICIAL POSSESSION, Defined;

Means a possession which gives the transfer a right over the thing which the transferee set up even against the owner.

THREE (3) WAYS OF COMMITTING ESTAFA WITH ABUSE OF CONFIDENCE:

1. By misappropriating the thing received.

Means to own; to take something for one’s own benefit.

2. By converting the thing received.

The act of using or disposing of another’s property as if it were one’s own.

Devoting the property to a purpose or use different from that agreed upon.

3. By denying that the thing was received.

This is the kind of estafa under Article 315, where DEMAND may be required, because in estafa with abuse of confidence, the offender receives the thing from the offended party under a lawful transaction, unlike in estafa in by means of deceit, demand is not necessary, because the offender obtains delivery of the thing wrongfully from the beginning.

DEMAND is not required by law; but it is necessary because failure to account, upon demand, is circumstantial evidence of misappropriation. It must be to the prejudice of the offended party to the prejudice of another not necessarily of the owner of the property. There is no estafa through NEGLIGENCE.

ELEMENT OF ESTAFA BY TAKING UNDUE ADVANTAGE OF THE SIGNATURE IN BLANK:

1. That the paper with the signature of the offended party be in blank.2. That the offended party should have delivered it to the offender.3. That above the signature of the offended party a document is written by the offender without authority to do so.4. That the document so written creates a liability of, or causes damage to, the offended party or any third person.

ELEMENTS OF ESTAFA BY MEANS OF DECEIT:

a. That there must be a false pretense, fraudulent act or fraudulent means.b. That such false pretense, fraudulent act or fraudulent means must be made or executed prior to or simultaneously

with the commission of the fraud.c. That the offended party must have relied on the false pretense, fraudulent act, or fraudulent means, that is, he was

induced to part with his money or property because of the false pretense, fraudulent act, or fraudulent means.d. That as a result thereof, the offended part suffered damage.

ESTAFA BY MEANS OF FRAUDULENT ACTS:

The acts must be characterized by or founded on deceit, trick or cheat.

ELEMENTS OF ESTAFA BY INDUCING ANOTHER TO SIGN ANY DOCUMENT:

1. That the offender induced the offended party to sign a document;2. That deceit be employed to make him sign the document;3. That the offended party personally signed the document.4. That prejudice be caused.

The offender must induce the offender party to sign the document. If the offended party is WILLING and READY from the beginning to sign the document and there is deceit as to the character or contents of the document, because the content are different from those which the offended part told the accused to state in the document, the crime is FALSIFICATION.

OTHER FORMS OF SWINDLING

PARAGRAPH 1- By conveying, selling, encumbering, or mortgaging any real property, pretending to be the owner of the same

ELEMENTS:

1. That the thing be immovable, such as a parcel of land or a building.2. That he offender who is not the owner of said property should represent that he is the owner thereof.3. That the offender should have executed an act of ownership (selling, leasing, encumbering or mortgaging in the real

property)4. That the act be made to the prejudice of the owner or a third person.

The real property must be existing, if not, the offense is estafa by means of false pretense under paragraph 2(a) of Article 315.

PARAGRAPH 2- By disposing of real property as free from encumbrance, although such encumbrance be not recorded

ELEMENTS:

1. That the thing disposed of be real property.2. That the offender knew that the real property was encumbered, whether the encumbrance is recorded or not.3. That there must be express representation by the offender that the real property is free from encumbrance.4. That the act of disposing of the real property be made to the damage of another.

ENCUMBRANCE, Defined:

Includes every right or interest in the land which exist in favor of third person/s.

1. The offender must know that the real property is encumbered.2. An enforceable verbal agreement, previously made, to mortgage. The real property as a security for

a loan is an encumbrance on the property, because a promise to mortgage is not an encumbrance.

PARAGRAPH 3- By wrongfully taking by the owner his personal property from its lawful possessor.

ELEMENTS:

1. That the offender is the owner of personal property.2. That said personal property is in the lawful possession of another.3. That the offender wrongfully takes it from its lawful possessor.4. That prejudice is thereby caused to the possessor or third person.

The offender must be the owner of the personal property. If he is a third person and his purpose in taking it is to return it to the owner, it is THEFT, since the abstracting was made with the intent that another might profit thereby.

PARAGRAPH 4 – By executing any fictitious contract to the prejudice of another.

The crime of estafa by executing a fictitious contract to the prejudice of another may be illustrated in the case of a person who SIMULATES a conveyance of his property to another, for the purpose of defrauding his creditors.

If the conveyance is real and made for a consideration and not simulated, to prejudice a creditor, the case would be FRAUDULENT INSOLVENCY.

PARAGRAPH 5- By accepting any compensation for services not rendered or for labor not performed

The crime in this paragraph consists in accepting any compensation given the accused who did not render the service or perform the labor for which payment was made.

But this kind of estafa requires fraud as an important element. If there is no fraud, it becomes payment not owing, known as solution indebiti under the Civil Code, with civil obligation to return the wrong payment.

It will seem that what constitutes estafa under this paragraph is the malicious failure to return the compensation wrongfully received.

If the money in payment of a debt was delivered to a wrong person, Art. 316, par.5, is not applicable, in case the person who received it later refused or failed to return it to the owner of the money, Art. 315, subdivision 1 (b), is applicable.

PARAGRAPH 6 – By selling, mortgaging or encumbering real properties with which the offender guaranteed the fulfillment of his obligation as surety.

ELEMENTS:

1. That the offender is a surety in a bond given in a criminal or civil action.2. That he guaranteed the fulfillment of such obligation with his real property or properties.3. That he self, mortgages, or, in my other manner encumbers said real property.4. That such sale, mortgage, or encumbrance is (a) without express authority from the court, or (b) made before the

cancellation of his bond, or (c)before being relieved from the obligation contracted by him.

Art. 317: SWINDLING A MINOR

ELEMENTS:

1. That the offender takes advantage of the inexperience or emotions or feeling of a minor.2. That he induces such minor (1) to assume an obligation, or (2) to give release, or (3) to execute a transfer of any

property right.3. That the consideration is (1) some loan of money, (2) credit or (3)other personal property.4. That the transaction is to the detriment of such minor.

Real property is not induced because it cannot be made to disappear, since a minor cannot convey real property without judicial authority.

Art. 318: OTHER DECEITS

1. By defrauding or damaging another by any other deceit not mentioned in the preceding articles.2. By interpreting dreams, by making forecasts, by telling fortune, or by taking advantage of the credibility of the public

in any other similar manner, for profit or gain.

CHAPTER VIICHATTEL MORTGAGE

ACTS PUNISHABLE:

1. By knowingly removing any personal property mortgaged under the Chattel Mortgage Law to any proving or city other than the one in which it was located at the time of execution of the mortgage, without the written consent of the mortgages or his executors, administrators or assigns.

2. By selling or pledging personal property already pledged, or any part thereof, under the terms of the Chattel Mortgage Law, without the consent of the mortgagee written on the back of the mortgage and noted on the record thereof in the office of the register of deeds of the province where such property is located.

It is essential that there be a valid and subsisting chattel mortgage. If the chattel mortgage does not contain an affidavit of good faith and is not registered, it is void and cannot be the basis of a criminal prosecution under Art. 319. The offender can be any person who shall knowingly remove the mortgaged personal property to another province or city without the WRITTEN CONSENT of the mortgage. Article 2140 of the New Civil Code makes it indispensable that the document REGISTERED. If the chattel mortgage is not registered, there is no violation of Article 139.

CHAPTER VIIIARSON AND OTHER CRIMES INVOLVING DESTRUCTION

ATTEMPTED ARSON

When the offender is about to set fire to the rag full of gasoline beside the building, he is discovered by another who chases him away.

CONSUMMATED ARSON

If the fire had burned part of the building or whole of the building then it is in its consummated stage. It is not necessary that the wood should be ablaze, were charring of the wood is sufficient.

CHAPTER IXMALICIOUS MISCHIEF

MALICIUOS MISCHIEF

ELEMENTS:

1. That the offender deliberately caused damage to the property of another.2. That such act does not constitute arson or other crimes involving destruction.3. That act of damaging another’s property be committed merely for the sake of damaging it.

It cannot be committed through NEGLIGENCE. The offender should act under the impulse of a specific desire to inflict injury to another. If there is no malice in causing the damage< the obligation to repair or pay for damages is only civil.

Art. 328: SPECIAL CAUSES OF MALICIOUS MISCHIEF or QUALIFIED MALICIOUS MISCHIEF:

1. Causing damage to obstruct the performance of public functions.2. Using any poisonous or corrosive substance.3. Spreading any infection or contagion among cattle.4. Causing damage to the property of the National Museum, National Library, or to any achieve or registry,

waterworks, road, promenade, or any other thing and in common by the public.

Art. 330: DAMAGE AND OBSTRUCTION TO MEANS OF COMMUNICATION

1. It is committed by damaging any railway, telegraph or telephone lines.2. If the damage shall result in any derailment of cars, collision and other accidents, a higher penalty shall be imposed.

CHAPTER XEXEMPTION FROM CRIMINAL LIABILITY IN CRIMES AGAINST PROPERTY

PERSONS EXEMPT:

1. Spouses, ascendants and descendants, or relatives by affinity in the same line;2. The widowed spouse with respect to the property which belonged to the deceased spouse before the same shall

passed into the possession or another; and3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together.

The exemption established shall not be applicable to strangers participating into the commission of the crime.

The reason for exemption from criminal liability is that the law recognizes the presumed co-ownership of the property between the offender and the offended party.

CRIMES INVOLVED:

1. Theft 2. Swindling (Estafa)3. Malicious Mischief

No criminal; but only CIVIL LIABILITY shall result from the commission of any said crimes, committed or caused mutually by those persons. Stepfather, adapted father, natural children, concubine and paramour are INCLUDED.

Stepfather and stepmother are included as a ascendants by affinity. An adopted or natural child is included in the form “relatives”. Applies to common-law spouses Concubine a paramour within the form “spouse”.

TO BE EXCEPT FROM CRIMINAL LIABILITY, THE WIDOWED SPOUSE WHO COMMITS THEFT, ESTAFA OR MALICIOUS MISCHIEF, IT IS REQUIRED THAT:

1. The property belongs to the deceased spouse; and2. It has not passed into the possession of a third person.

TITLE XICRIMES AGAINST CHASTITY

Art. 333: ADULTERY

ELEMENTS1. That the woman is married2. That she has sexual intercourse with a man not her husband3. That as regard the man with whom she has sexual intercourse, he must know her to be married.

Will the Doctrine of in pari delicto applicable in adultery?In the Guinucud case where the husband agreed with the wife that they live separately and free to marry other persons, the husband cannot file a complaint against his wife for having adulterous relationship. The concept of pari delicto is not present in the Revised Penal Code but only in Art.1411 of the Civil Code.

Death of paramour will not bar the prosecution against the unfaithful wife, because the requirement that both he the offenders should be included in the complaint is absolute only when the two offenders are alive

Proceedings must continue despite death of the offended party Effect of pardon: Art. 344 require that-1. The pardon must come before the institution of the criminal prosecution; and2. Both the offenders must be pardoned by the offended party.

Art. 334: CONCUBINAGE

ELEMENTS1. That the man must be married2. That he committed any of the following acts:

a. Keeping a mistress in a conjugal dwellingb. Having sexual intercourse under scandalous circumstances with a woman who is not his wifec. Cohabiting with her in any other place

3. As regards the woman, she must know him to be married

ADULTERY CONCUBINAGE- A single act of sexual intercourse by a married woman is enough.

Prove the ff:- husband keeping the mistress in the conjugal dwelling, or- by having sexual intercourse, under scandalous circumstances with a woman who is not his wife;- by cohabiting with her in any other place.

--Complaint from the offended spouse is necessary. - Complaint from the offended spouse is necessary.- Each act of sexual intercourse is a single count of adultery.

Adultery is more severely punished than concubinage because adultery makes possible the introduction of another man’s blood into the family so that the offended husband may have another man’s son bearing his (husband’s) name and receiving support from him.

Art. 336: Acts of Lasciviousness

ELEMENTS:1. That the offender commits any act of lasciviousness or lewdness2. That it is done under any of the following circumstances:a. By using force or intimidation; orb. When the offended party is deprived of reason or otherwise unconscious; orc. When the offended party is another person of either sex

Chapter IIIArt. 337: Qualified Seduction

TWO CLASSES:1. Seduction of a virgin over 12 years and under 18 years of age by certain persons, such as, a person in authority, priest, teacher, etc.; and2. Seduction of a sister by her brother, or descendant regardless of her age or reputation

Elements of qualified seduction of a virgin:1. offended party is a virgin, which is presumed if she is unmarried and of good reputation;2. that she must be over 12 and under 18 years of age;3. that the offender had sexual intercourse with her, and4. That there is abuse of authority, confidence, or relationship on the part of the offender.

Art. 338: Simple Seduction

Elements:1. That the offended party is over 12 and under 18 years of age2. That she must be of good reputation, single, or widow.3. That the offender has sexual intercourse with her.4. That it is committed by means of deceit

QUALIFIED SEDUCTION SIMPLE SEDUCTION- the woman is virgin (morally) - The woman is single, widow of good reputation.- offender is any person in public authority, priest, house servant, domestic, guardian, teacher or any person entrusted with the education of custody of the woman seduced.

- Offender may be any person.

- When the offender is the brother or an ascendant, the victim may be over 18, the age and reputation of the girl is not material.

- The victim is always over 12 but under 18.

- a woman may no longer be a virgin or a widow and deceit employed is the very factor that persuaded the woman to yield.

RAPE SEDUCTION- The age is less than 12 (statutory), or if 12 but less than 18, there is force and intimidation, or the girl may or may not be a virgin.

-the girl maybe more than 12 but less than 18 and the crime is by means of cajolery.

- In qualified seduction: the girl must be a virgin.Virginity- is not physical but moral, i.e., that the woman does not have sexual experience.

Art. 340: Corruption of Minors Committed by one who promotes or facilitates the prostitution or corruption of minor in order to satisfy the lust of another and not the corruptor’s own lust.

Art. 341: White Slave Trade

Acts penalized:1. Engaging in the business of prostitution2. Profiting by prostitution3. Enlisting the services of women for the purpose of prostitution

In relation to RA 7160-Child Abuse Law the ff. are punishable;

1. Promote, facilitate or induce child prostitution which include, but are not limited to the following:

a. acting as procurer of a child prostitute;

b. Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar means;

c. Taking advantage of influence or relationship to procure a child as prostitute;d. Threatening or using violence towards a child to engage him as a prostitute;e. Giving monetary consideration, goods or other pecuniary benefit to a child with the intent to engage such child in

prostitution.

2. Those commit act of sexual intercourse or lascivious conduct with a child exploited in prostitution;

3. Those who derive profit or advantage therefrom;

4. Attempt to commit child prostitution.

CHAPTER IVABDUCTION

Art. 342: Forcible abduction Abduction of any woman against her will with lewd designs.

Elements Forcible Abduction with Rape:1. that the person abducted is any woman, regardless of her age, civil status or reputation;2. that the abduction is against her will; and3. that the abduction is with lewd design.

lewd design- obscene, lustful, lascivious, lecherous. It signifies that form of immorality which has relation to moral impurity, one carried in a wanton manner.

Where the girl is under 12, the crime is always forcible abduction with or without the consent of the child. The law presumes that the abduction is against her will. Sexual intercourse is not an element of abduction; it is enough that that the woman is taken against her will with lewd designs.

Only when the rape is consummated can the complex crime of forcible abduction with rape be committed or if the taking of the woman amounts to forcible abduction and thereafter she was abused.

Sexual intercourse is not necessary in forcible abduction

Art. 342: Consented Abduction

Elements:1. That the offended party must be a virgin2. That she must be over 12 and under 18 years of age3. That the taking away of the offended party must be with her consent, after solicitation or cajolery from the offender4. That the taking away of the offended party must be with lewd design

CONSENTED ABDUCTION SEDUCTION- The gravamen of the crime is the alarm and disturbance to the parents and the family of the victim and the infringement of their rights.

- The gravamen of the offense is the wrong done to the woman.

When should pardon be given by the offended party? To be effective, pardon must be given before the prosecution of the crime.

What are the effects of pardon by the offended party?It does not extinguish criminal liability. An exception would be marriage under the anti-rape law. The civil liability shall be extinguished by express waiver of the offended.

In rape cases the pardon must be granted not only by the parents of the offended but also the offended herself.

Title TwelveCrimes against Civil State of Persons

Simulation of births, substitution of one child for another, and concealment or abandonment of a legitimate child.

Acts Punished under Art. 3471. Simulation of births2. Substitution of one child for another3. Concealing or abandoning any legitimate child with intent to cause such child to lose into civil status.

Object of the crime under Art. 347 is the creation of false or causing of the loss of civil status.

Art. 347: Simulation of Birth Takes place when the women pretends to be pregnant when in fact she is not and on the day of the supposed

delivery takes the child of another as her own.

The simulation which is a crime is that which alters the civil status of a person.

Fact that the child will be benefited by the simulation of its birth is not a defense.

Concealing or abandoning any legitimate childRequisites:1. The child must be legitimate2. The offender conceals or abandons such child, and3. The offender has the intent to cause such child to lose its civil status.

Abandonment of a child should be understood under Art. 347 as leaving the child a public place where other people may find it, and causing the child lose it civil status.

Concealing a legitimate child before the purpose of causing it to lose its civil status.

Liability of Physician or SurgeonA physician or surgeon or public officer, who cooperates in the executive of any of these crimes, is also liable if he acts in violation of the duties of his profession.

Art. 348: Usurpation of Civil StatusUsurping the civil status of another is committed by assuming the filiations or the parental or conjugal rights of another.

Civil Status – Includes one’s public station or the rights, duties, capabilities and incapability which determine a person to a given

class, i.e. usurpation of a profession. There must be intent to enjoy the right arising from the civil status of another. The Purpose of defrauding the offended party or his heirs qualifies the crime.

Chapter Two Illegal Marriages

Art. 349: BIGAMYElements:1. that the offender has been legally married2. that the marriage has not been dissolved or, in case of his or her spouse is absent, the absent spouse could not yet

presumed dead according to the civil code.3. that he contracts a second marriage or subsequent marriage.4. that the second or subsequent marriage has all the essential requisites for validity.

Nullity of first marriage, not a defense in bigamy charge

The Supreme Court held that there is need of a judicial declaration of the fact that the marriage of a person is void before that person can marry again; otherwise the second marriage be void. (Wiegel vs. Sempio-Diy) 143 SCSS 499

The second marriage must have all the essential requisites for validity

Validity of second marriage is a prejudicial question to liability for bigamy.

Bigamy not a private offense: the crime of bigamy does not fall within the category of private crimes that can be prosecuted only at the instance of the offended party. The offense is committed not only against the first and second wife but also against the state.

A person convicted of bigamy may still be prosecuted for concubinage.

The second spouse who knows of the first marriage is an accomplice, as well as the person who vouched for the capacity of either of the contracting parties.

A judicial declaration of the nullity of a marriage Ab Initio is now required.

Failure to exercise due diligence to ascertain the whereabouts of the first wife is bigamy through reckless Imprudence.

Good faith is a defense in Bigamy.

Art. 350: MARRIAGE CONTRACTED AGAINST PROVISION OF LAWSElements:1. that the offender contracted marriage2. that he knew at the time that

a) the requirements of the law were not complied with or Ex. Marriage is solemnized by a minister/priest who does not have the required authority to solemnize marriage.

b) the marriage was in disregard of a legal impediment2. The marriage does not constitute bigamy.

qualifying Circumstance: Is either of the contracting parties obtains the consent of the other by means violence, intimidation or fraud.

Art. 351: PREMATURE MARRIAGES

Persons liable for Premature Marriage1. A widow who married within 301 days from the date of the death of her husband, or before having delivered if she is

pregnant at the time of his death.

2. a woman who, her marriage having been annulled or dissolved, married before delivery or before expiration of the period of 301 days after the date of legal separation.

Period may be disregarded if the first husband was impotent or sterile.

Period of 301 days is important only for cases where the woman is not pregnant of without knowledge of such pregnancy. If the woman is pregnant, prohibition is good only up to time of delivery.

Art. 352: PERFORMANCE OF ILLEGAL MARRIGE CEREMONY Priest, or ministers of any religious denomination or sect or civil authorities who shall perform or authorize any legal

marriage ceremony. Offender must be authorized to solemnize marriages; otherwise he is liable under Art. 177 for usurpation of

authority.

Title ThirteenCRIMES AGAINST HONOR

Chapter OneLibel

Libel; definition Is a public and malicious imputation of a crime or of a vice or defect real or imaginary, or any act, omission, condition, status or circumstance tending to cause the dishonor, discredit or contempt of a natural or juridical person, or to blacken the memory of one who is dead.

ELEMENTS of Defamation:1. That there must be an imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition,

status or circumstance.2. That the imputation must be made publicly.3. That it must be malicious.4. That the imputation must be directed at a natural or juridical person, or one who is dead.5. That the imputation must tend to cause dishonor, discredit or contempt of the person defamed.

1. When a person in an article imputes upon the person mentioned therein, lascivious and immoral habits, that article is of a libelous nature as it tends to discredit the persons libeled in the minds of those reading the article.

2. Publication is the communication of the defamatory matter to some third person or persons.

3. Writing a letter to another person other than the person defamed is sufficient to constitute publication, for the person to whom the letter is addressed is a third person in relation to its writer and the person defamed therein.

4. THERE IS NO CRIME IF THE IMPUTATION IS NOT PUBLISHED.

5. But the publication need not refer by name to the offended party. It is sufficient if it is shown that the offended party is the person meant or alluded to therein.

6. The defamatory remarks directed at a group of persons are not actionable unless the statements are all-embracing or sufficiently specific for the victim to be identifiable.

How are the elements of publication and identification satisfied?There is publication if the material is communicated to a third person. It is not required that the person

defamed has read or heard about the libelous remark. What is important is that a third person has read or heard of the libelous statement, for a man’s reputation is the estimate in which others hold him, not the good opinion which he has in himself.

As regards identification, it must be shown that at least a third person or a stranger was able to identify him as the object of the defamatory statement.

Instances where defamatory statement is a defense1. A private communication made by any person to another in the performance of any legal, moral or security

duty;

2. A fair and true report, made in good faith, without any comments or remarks, of any judicial, legislative or any other official proceedings which are not of confidential nature, or of any statement, report of speech delivered in said proceedings, or of any other act performed by public officers in the exercise of their function.

Rule of Actual Malice

This rule states that even if the defamatory statement is false, no liability can attach if it relates to official conduct, unless the public official concerned proves that the statement was made with actual malice, that is, with knowledge that it was false or with reckless disregard of whether it was false or not.

TEST TO DETERMINE WHETHER WORDS USED ARE LIBELOUSIf they tend to induce hearers to suppose and understand that persons against whom they were uttered was guilty of certain offenses, or are sufficient to impeach his honesty, virtue or reputation, or to hold him up to public ridicule.

Libel By Means of Writings or Similar MeansCommitted by means of the following:1. writing; 6. phonograph;2. printing; 7. painting;3. lithography; 8. theatrical exhibition;4. engraving; 9. cinematographic exhibition;5. radio; 10. any similar means.

Art. 356: Threatening to Publish and Offer to Prevent such Publication for a Compensation

ACTS PUNISHED: 1. By threatening another to publish a libel concerning him, or his parents, spouse, child, or other members of his

family; or

2. By offering to prevent the publication of such libel for compensation or money consideration.

Blackmail- is defined as any unlawful extortion of money by threats of accusation or exposure. It is possible in light threats under Art. 283, and threatening to publish, or offering to prevent the publication of libel for compensation, under Art. 356.

Art. 357: Prohibited Publication of Acts Referred To In The Course Of Official Proceedings

ELEMENTS: 1. offender is a reporter, editor or manager of a newspaper, daily or magazine;2. he publishes facts connected with private life of another; and3. Such facts are offensive to the honor, virtue and reputation of said person.

This provision constitutes the so-called Gag Law.

Art. 358: Slander- oral defamationKINDS:1. Simple slander2. Grave Slander, when it is of a serious and insulting nature

Factors that determine the gravity of oral defamation:1. Expression used2. The personal relations of the accused and the offended party3. The circumstances surrounding the case4. Social standing and the position of the offended party

Art. 359: Slander by DeedELEMENTS:1. offender performs any act not included in any other crime against;2. such act is performed in the presence of other person or person or persons; and3. Such act casts dishonor, discredit or contempt upon the offended party.

The commission of this crime depends upon the social standing of the offended party, the circumstances under which the act was committed, the occasion and others.

Persons responsible for libel are:1. The person who publishes, exhibits or causes the publication or exhibition of any defamation in writing or similar means2. The author or editor of a book or pamphlet3. The editor or business manager of a daily newspaper magazine or serial publication4. The owner of the printing plant which publishes a libelous article with his consent and all other persons who in any way participate in or have connection with its publication

Chapter TwoIncriminatory Machinations

Art. 363: Incriminating Innocent PersonELEMENTS:1. offender performs an act;

2. that by such act he directly incriminates or imputes to an innocent person the commission of a crime; and3. Such act does not constitute perjury.

In cases of planted evidence, and the like which do not in themselves constitute false prosecutions but tend directly to cause false prosecution

INCRIMINATING INNOCENT PERSON PERJURY BY MAKING FALSE ACCUSATION

- committed by performing an act by which the offender directly incriminates o imputes to an innocent person the commission of a crime- is limited to the act of planting evidence and the like, in order to incriminate an innocent person

- the gravamen of the offense is the imputation itself, falsely made, before an officer

- is the giving of false statement under oath or the making of a false affidavit, imputing to a person the commission of a crime

Art. 364: intriguing Against HonorELEMENTS:1. committed by any person;2. such person makes any intrigue; and 3. Purpose is to blemish honor or reputation of another person.

May the court impose a penalty of fine instead of imprisonment?Yes. Under, Article 355, the court is given the discretion to impose the penalty of imprisonment or fine or both for the crime of libel. Humanitarian reasons as held in Torralba v. CA 1996.

What are the different crimes of defamation?They are the oral defamation or slander, written defamation or libel, and defamation by overt acts or slander by deed.

Malice in lawIt is malice which the law presumes to be present where the offender cannot establish justifiable reasons or good motives therefore. Hence, the complainant here does not have to prove the existence because it is presumed by law.

Malice in factIt is malice which the complainant has to prove to exist. The offender must prove the existence of malice in order to hold the offender criminally and civilly liable.

What court has jurisdiction in libel cases?The Regional Trial Court have the exclusive jurisdiction over libel cases, hence, the expanded jurisdiction conferred by R.A. 7691 to inferior courts cannot be applied to libel cases.

When is truth a defense in defamation?The interest of society and the maintenance of a good government demand a full discussion of public affairs. Complete liberty to comment on the conduct of public men is a scalpel in the case of free speech. Men in public life may suffer under a hostile and unjust accusation; the wound can be assuaged with the balm of a clear conscience.

May evidence proving the truthfulness of the imputation be received? No, Evidence proving the imputation is objectionable because such is inadmissible.

Exceptions:1. Imputation against a public officer and the same relates to his public function. (Art. 361, par.2b) The offended may

adduce evidence of the truth of such imputation.2. Imputation of crime against any person.(art. 361, par.2a)But the mere fact that the truth is proved, the accused must

show that he acted out of good motives and justifiable end. Truth alone is not enough, in some cases truth is not a defense at all.

What is the nature of fair commentaries on matters of public interest? They are privileged and constitute a valid defense in an action for slander or libel.

The Doctrine of Fair Comment means that while in general every discernible imputation publicly made is deemed false, because every man is presumed innocent until his guilt is judicially proved, and every false imputation is directed against a public person in his public capacity, it is not necessarily actionable.

Who is a public figure?One who by his accomplishments, fame, mode of living, or by adopting a profession or calling which gives the public a legitimate interest in his doings, his affairs and his character has become a public personage. He is in other words a celebrity.

Title FourteenQUASI-OFFENSES

Art. 365: Imprudence and Negligence

Punishable Quasi-offenses1. Committing through reckless imprudence any act which, had it been intentional, would constitute a grave or less

grave felony or light felony.

2. Committing through simple imprudence or negligence an act which would otherwise constitute a grave or less serious felony.

3. Causing damage to the property of another through reckless imprudence or negligence;

4. Causing through simple imprudence or negligence some wrong which if done maliciously, would have constituted a light felony.

Reckless ImprudenceELEMENTS:1. offender does or fails to do an act;2. the doing of or failure to do the act is voluntary;3. that it be without malice;4. that material damage results; and5. there is inexcusable lack of precaution on the part of the offender, taking into consideration:

a. his employment or occupation;b. degree of intelligence, physical condition, andc. other circumstances regarding persons, time and place.

Simple ImprudenceELEMENTS:1. lack of precaution on the part of the offender; and2. the damage impending to be cause used is not immediate or danger is not clearly manifest.

Imprudence Negligence1. deficiency of action 1. deficiency of perception2. failure of precaution 2. failure in advertence

Reckless Imprudence Simple ImprudenceIt is the inexcusable lack of precaution of a person taking into consideration his employment or occupation, degree of intelligence, physical condition and other circumstances regarding time, person and place

Such inexcusable negligence results in material damage to another.

It consists of the lack of precaution displayed in those cases in which the damage impending to be caused is not immediate or the danger clearly manifests

Since this is the mode of incurring criminal liability, if there is only one carelessness, even if there are several results, the accused may only be prosecuted under one count for criminal negligence. So there would only be one information to be filed, even if the negligence may bring about resulting injuries which are slight.

NOTE: Do not separate the accusation from the slight physical injuries from the other material result of the negligence.

Illustration:If the criminal negligence resulted in homicide, serious physical injuries and slight physical injuries do not join only the homicide, physical injuries in one information for the slight physical injuries. You are not complexing slight when you join it in the same information. It is just that you are not splitting the criminal negligence because the real basis of the criminal liability is the negligence.

If you split the criminal negligence, then double jeopardy will arise.

SUMMARY OF BOOK TWO

Treason (134) Rebellion (134) Sedition (139) Subversion (PD 885)

Direct Assault 1st

part (148)Crime against National Security

Crime against Public Order

Crime against Public Order

Special Law Crime against Public Order

Can only be committed in times of war

Maybe committed in times of peace

Maybe committed by mere adherence to the enemy, giving him aid or comfort

Always involves taking up of arms against the government

There are only two ways of proving treason:

a) testimony of 2 witnesses, at least, to the same overt act

b) confession of the accused in open court

There is a public uprising but there must be taking up of arms against the government

There is a public uprising but it is sufficient that such is tumultuous

Punishes mere affiliation or membership in a subversive organization

Offender employs force or intimidation to attain any of the purposes of rebellion or sedition but with NO public uprising

Violation by a subject of his allegiance to his sovereign or the Supreme Authority of the State

Raising of commotion or disturbances in the State

Piracy (122) Robbery on the High Seas (Title X, Chapter 1)There is intent to gain There is intent to gainThe manner of committing the crime is through violence against or intimidation of persons or force upon things

The manner of committing the crime is through violence against or intimidation of persons or force upon things

The offender is an outsider The offender is a member of the complement or a passenger of the vessel

Arbitrary Detention (124) and Delay in the delivery of detained persons to the proper judicial authorities (125)

Illegal Detention (267 & 268)

Maybe committed only by public officers and employees who are acting as such (BUT private individuals who conspire with public officers are guilty of this crime)

Committed by private individuals or public officers and employees acting in their private capacity

Violation of Domicile (128 – 130) Trespass to dwelling (280)Maybe committed only by public officers and employees who re acting as such (BUT private individuals who conspire with public officers are guilty of this crime)

Committed by private individuals or public officers and employees acting in their private capacity

Prohibition, interruption and dissolution of peaceful meetings (131)

Disturbance of public order (1530

Maybe committed only by public officers and employees who are acting as such (BUT private individuals who conspire with public officers are guilty of this crime)

Committed by private individuals or public officers and employees acting in their private capacity.

1st way of committing the crime of Illegal Assembly (146)

2nd way of committing the crime of Illegal Assembly (146)

That there is a meeting, a gathering or group of persons, whether in a fixed place or moving

That there is a meeting, a gathering or group of persons, whether in a fixed place or moving

That the meeting is attended by armed persons It doesn’t matter whether the audience is armed or not

That the purpose is to commit any of the crimes punishable under the RPC

That the audience is incited to the commission of the crime of treason, rebellion or insurrection, sedition or direct assault.

Illegal Assembly (146) Illegal Association (147)There is an actual meeting or assembly It is not necessary that there be an actual meetingMeeting and attendance at such meeting is punished

That there is a meeting, a gathering or group of persons, whether in a fixed place or moving

That the purpose is to commit any of the crimes punishable under the RPC

That the audience is incited to the commission of the crime of treason, rebellion or insurrection, sedition or direct assault

Illegal Assembly (146) Illegal Association (147)There is an actual meeting or assembly It is not necessary that there be an actual meetingMeeting and attendance at such meeting is punished The act of forming or organizing and membership in the association

is punished

The persons liable are:

a. organizers or leaders of the meetingb. persons present at the meeting

The persons liable are:

1. the founders, directors and president

2. the members

Person in authority Agent of a person in authorityAny person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board or commission, shall be deemed a person in authority

One who, by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property, and any person who comes to the aid of persons in authority

Alarms and Scandals (155)

Disturbance of Public Order (153)

Grave Scandal (200) Discharge of Firearm (254)

Crime against Public Order

Crime against Public Order

Crime against Public Morals

Crime against Public Persons

The disturbance must NOT be serious in nature (par.4)

The disturbance must be serious in nature

The discharge of the firearm should NOT be aimed at a person (par.1)

The discharge of firearm is aimed at a person but without intent to kill

That the highly scandalous conduct is NOT expressly falling with any other article in the Code

Direct Assault (148) Indirect Assault (149)

Resistance & Serious Disobedience (151, par.1)

Simple Disobedience (151, par. 2)

There are 2 ways of committing direct assault.

a) without public uprising, by employing force or intimidation for the attainment of the purposes of rebellion and sedition

b) with out public uprising, by attacking, by employing force or by seriously intimidating or be seriously resisting any person in authority or any of his agents, while engaged in the performance of official duties, or on the occasion of such performance

Committed only when a direct assault is also committed

No force is employed in resisting or disobeying

In the 2nd form of Direct Assault, the offended party is a person in authority or his agent

The offended party is a person who comes to the aid of a person in authority or his agent

The offended party is a person in authority or his agent

The offended party is a person in authority or his agent.

The force employed of the agent of a person in authority must be serious. It need not be serious when the offended party is a person in authorityThe person in authority or his agent can either be:

a)engaged in the actual performance of official duties; or

b) he is assaulted by reason of the past performance of official duties

The person in authority must be in the actual performance of his official duties

The person in authority must be in the actual performance of his official duties or gives a lawful order thereof

The resistance employed must be serious

The resistance here is not seriousThe disobedience here must be serious

The disobedience is not serious

Delivering Persons from jail (156)

Evasion of Service of Sentence (157)

Conniving with or consenting to evasion (223)

Evasion through negligence (224)

The officer removes or helps in the escape of a prisoner

The offender is the prisoner

The offender is a public officer

The offender is a public officer

The prisoner may be a detention prisoner or a prisoner by final judgment

The prisoner must be a convict by final judgment

The prisoner may be a detention prisoner or a prisoner by final judgment

The prisoner may be a detention prisoner or a prisoner by final judgment

The public officer was in connivance with the prisoner

The prisoner escapes through the public officer’s negligence

Recidivism (Art. 14, par. 9)

Reiteracion (Art. 14, par. 10)

Multi-recidivism or Habitual Delinquency (Art. 62, par. 5)

Quasi-recidivism (Art. 160)

It is enough that a final judgment has been rendered in the 1st offense

It is necessary that the offender shall have served out his sentence for the 1st offense

The accused must be found guilty the 34d time or oftener of any of the crimes specified below

The accused are yet to serve or are serving their sentences at the time of the commission of the crime

Requires that the offenses be included in the same title of the Code

Previous and subsequent offenses must not be embraced in the same title of the Code

Only the crimes of robbery, theft, estafa, falsification and physical injuries are taken into consideration

Previous and subsequent offenses do not need to be embraced in the same title of the Code

Serves to increase the penalty into its maximum

Serves to increase the penalty into its maximum

An additional penalty is also imposed

Punished by the maximum penalty prescribed by law for the new felony

No period of time between the former conviction and the last conviction is fixed by law

No period of time between the former conviction and the last conviction is fixed by law

Offender is found guilty of any of the crimes specified within 10 years from his last release or last conviction

Period of the commission must be before serving out the sentence or during the service of such sentence

Ordinary mitigating circumstance which can be offset by a mitigating circumstance

Ordinary mitigating circumstance which can be offset by a mitigating circumstance

Special aggravating circumstance which cannot be offset by a mitigating circumstance

Special aggravating circumstance which cannot be offset by a mitigating circumstance

Making, importing and uttering false coins (163)

Mutilation of coins and importation and utterance of mutilated coins (164)

Selling of false or mutilated coins without connivance (165)

The coin uttered (passed) maybe currency of a foreign country or that which has been withdrawn from circulation

The coin must be of “legal tender” and does not include foreign coins

The coin must be “legal tender”

In case of uttering, the offender connived with the counterfeiters or importers

There is connivance with the mutilator or importer in case of uttering

There is no connivance but there is knowledge that the coin is false

Using fictitious name (178, par. 1)

Concealing true name (178, par.2)

Estafa ()315, subdivision2, par.a)

Element of publicity must be present

Element of publicity need not be present

The purpose is to counsel a crime, evade an execution of a judgment or cause damaged to public interest

Element of publicity need not be present the purpose is merely conceal one’s identity

The purpose is to cause damage

False testimony in a criminal case against defendant (180)

False testimony in a criminal case favorabel to the defendant (181)

False testesmonies in civil cases (182)

False testimony in other cases and perjury (183)

Offering false testimony in evidence (184)

There is a criminal proceeding

There is a criminal proceeding

The testimony is given in a civil case

The testimony is under oath but NOT in a judicial proceeding

There is a judicial proceeding

Defendant must be sentenced at last to a correctional penalty, a fine or must acquitted

Conviction or acquittal of the defendant is NOT necessary, it is sufficient that the defendant is prosecuted for a felony

Offender knows the falsity of the witness, presented him and the latter testified falsely

Falsification of legislative documents (170)

Falsification by public officer, employee or notary or ecclesiastical minister (171)

Falsification by private individuals and use of falsified documents (172, par.10

Falsification by private individuals and use of falsified documents (172, par.2)

The offender is any person

The offender is a public officer, employee or notary public who takes advantage of his official position (in case the offender is an ecclesiastical minister, the falsification affects the civil status of a person)

The offender is a private individual or a public officer or employee who does not take advantage of his position

The offender is any person

Offender alters a legislative document and such alteration changes the meaning of the document

Offender falsifies a public or official document

Offender falsifies a public, official or commercial document

Offender falsifies a private document

Damage or intent to cause damage is NOT necessary

The falsification must cause damage or at least there was an intent to cause damage

NOTE: If falsification is committed as a means to commit other crimes (e.g. estafa, theft or malversation) the 2 crimes form a complex crime. HOWEVER, this applies only to public, official or commercial documents. There is no complex crime when it is a private document because damage or intent to cause it is an essential element.

WITHOUT INDUCEMENT. If there is inducement, Arts. 180 – 183 in relation to Art. 7 par.2 will apply

Knowingly rendering unjust judgement (204)

Judgment rendered through negligence (205)

Unjust interlocutory order (206)

Malicious delay in the administration of justice (207)

Offender is a judge Offender is a judge Offender is a judge Offen0der is a judgeThe judgmental is unjust and that judge knows that it is unjust

The judgment is manifested unjust and due to his inexcusable negligence or ignorance

He knowingly rendered an unjust interlocutory order or rendered one manifestly unjust through in excusable negligence of ignorance

The delay is caused with deliberate with intent to inflict damage on either party

Direct Bribery (210) Indirect Bribery (211) Anti-Graft and Corrupt Practices Act (RA 3019)

Agreement between the officer and the giver of the gift or present

No agreement

Offender agrees to perform or performs act or refrains from doing something because of the gift to promise

It is not necessary that the officer should do any particular act or even promise to do an act as it is enough that he accepts gifts offered to him by reason of his office

In par. (a), it is NOT required that there is a requesting or receiving of any gift, present or benefit. In par. (b), the public officer requesting or receiving has to intervene under the law in any contract or transaction between the government and any other party.In par. (c), the public officer requesting or receiving is in connection with securing or obtaining a government permit or license.

Under the 2nd paragraph of Art. 210, the act executed must be unjust

The act here is not unjust

Infringement of Trademarks (188) Unfair competition (189)Limited range, so one who fails to establish the exclusive property right which is essential to the validity of a trademark, may yet obtain relief on the ground of unfair competition

Broader and more inclusive

The offended party here has identified peculiar symbol or mark with his goods and thereby has acquired a property right in such symbol or mark

The offended party has identified in the mind of the public the goods he manufactures are deals in from those of others, whether or not a mark or trade name is employed, and has a property manufacturer or dealer and sells the same.

Offender was the trademark or trade name of another manufacturer or dealer and sells his goods on which on which the trademark is affixed

Offender gives his good the general appearance of the goods of another manufacturer or cleanser and sells the same.

Prohibited transactions (215)

Possession of prohibited interest by a public officer (216)

Anti-Graft and Corrupt Practices Act (RA 3019, par. g and h)

Anti-Graft and Corruption Practices Act (RA 3019, par 1)

Offender is an appointive public officer

Offender is a public officer who has an official duty to intervene in the contract or business

Any public officer Public appearance who is a member of a board, pane or group which exercises discretion in the approval of any transaction or act

He becomes interested, directly or indirectly, or any transaction exchange of speculation

He is directly or indirectly interested in any contract or business in which it was his official duty to intervene

In par. (g) the pubic officer enters into ANY transaction manifestly and grossly disadvantageous to the government, weather or not the public officer will profit.In par. (h), the public officer directly or indirectly has financial or pecuniary interest in a business, contract or transaction which is prohibited by the constitutional any law

Directly or indirectly becoming interested, for personal again, or having material interest in any transaction or act requiring the approval of such board panel or group.

Malversation of public funds or property (217)

Failure of accountable officer to render accounts (218)

Failure of a responsible officer to render before leaving the country (219)

Illegal use of public funds or property (220)

Failure to make delivery of public funds or property (221)

a) The public officer appropriates public funds or property

b) The public officer takes or misappropriate a public funds of property

c) The public officer consents or through abandonment or negligence, permits any other person to take such public funds or property

The public officer is required by law or reputation render accounts to the Commission on Adult, or to a provincial auditor and he fails to do so for a period of 2 such accounts render accounts to the Commission on Audit, or to a provincial auditor and he fails to do so for a period of

The public officer has unlawfully left the Philippines without securing from cure from the commission on Audit a certificate showing that his accounts have finally settled without securing from Commission on Audit a certificate showing that his accounts have been finally settled.

The public officer applied a public fund or property to a public use other than that for which such has been approach by law of ordinance to a public use other than that to which such has been appropriated by law or ordinance

Public officer MALICIOUSLYFail maliciously fails to make plan payment when he is under obligation make sure payment from government buy here refuses to make delivery even though ordered by competent authority to property o him payment when he is under obligation to make such payment from government funds in his possession,

d) The public officer is other wise guilty of the misappropriation or malversation of such funds or property.

2 months after such accounts should be rendered

or the refuses to make delivery even though ordered by competent authority to deliver in his custody administration

Usurpation of legislative powers (239)

Usurpation of executive functions (240)

Usurpation off judicial functions (241)

Offender is an executive or judicial officer

Offender is a judge Offender is an officer of the executive branch of the government

a) makes general rules or regulations beyond the scope of his authority

b) attempts to repeal a law

c) suspends the execution thereof

a) assumes a power pertaining to the executive authorities

b) obstructs the executive authorities in the lawful exercise of their powers

a) assumes judicial powers

b) obstructs the execution of any order or decision rendered by any judge within his jurisdiction

Parricide (246) Death under exceptional circumstances (247)

Murder (248) Homicide (249) Infanticide (255)

Offender is ANY person

Offender is a legally married person or a parent

Offender is ANY person

Offender is ANY person

Offender is ANY person

The deceased is the father, mother, or child whether legitimate or illegitimate, or a legitimate other ascendant or other descendant, or the legitimate spouse of the accused

The deceased or victim of serious physical injury is the spouse or daughter of the accused and his paramour

The deceased was killed with the presence of qualifying aggravating circumstances

The decrease was killing without me attendance of any of eh qualifying circumstances of murder, parricide or infanticide

The decreased is a child which was less than 3 days of age

Intentional Abortion (256)

Unintentional Abortion (257)

Abortion practiced by the woman herself by her parents (258)

Abortion practiced by a physician or midwife and

Revelation of secrets by an officer (229) Public officer revealing secrets of private individuals (230)

The secret affects public interest The secret is that of a private individual and public revelation is NOT required

Damage is caused to public interest Damage is NOT necessary

dispensing of abortives (259)

The offender is NOT the pregnant woman

The offender is NOT the pregnant woman

The offender may be

a) a pregnant woman

b) any of her parents, with her consent, but he purpose must be to conceal her dishonor

The offender must be a physician or midwife

Intent to commit abortion

NO intent to commit abortion

Intent to commit abortion

Intent to commit abortion

Way of commission:

a) using violence

b) acting without using violence, without the consent of the pregnant woman

c) acting with the consent of the pregnant woman

Way of commission:

Intentional violence is exerted

Way of commission:

Any method

Way of commission:

The physician or midwife takes advantage of his or her scientific knowledge or skill

Mutilation (262) Serious Physical Injuries (2630

Less Serious Physical Injuries (265)

Slight Physical injuries and Maltreatment (266)

The mutilation of organs necessary for generation or any other part of the body must be for the purpose of depriving the victim of the part of his body

The purpose is to inflict injury

The purpose is to inflict injury

The purpose is to inflict injury

a) Victim becomes insane, imbecile, impotent or blind

b) Victim 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, or loses the use of any such member, or becomes incapacitated for the work in which

a) Victim is incapacitated for labor for 10 days or more (but not more than 30 days), or needs medical attendance for the same period of time

b) The physical injuries must not be those described in the preceding articles

a) Victim is incapacitated for labor from 1 9 days, or required medical attendance during the same period

b) Victim was not prevented form engaging in his habitual work or did not require medical attendance

he was therefore habitually engaged

c) Victim becomes deformed, or loses any other member of his body, or loses the use thereof, or becomes ill or incapacitated for the performance of the work in which he was habitually engaged for more than 90 days

d) Victim becomes ill or incapacitated for labor for more than 30 days (but must not be more than 90 days

c) Qualified less serious physical injuries (1) there is a manifest intent to insult or offend the inured person; (2) there are circumstance adding ignominy to the offense; (3) victim is the parent, ascendant, guardian, curator or teacher of the offender; (4) offended party is a person of rank or a person in authority provided the crime is NOT direct assault

c) Victim was ill-treated by deed without causing any injury

Physical Injuries Attempted or Frustrated HomicideOffender inflicts physical injuries Attempted homicide may be committed even

without physical injuriesOffender has not intent to kill the offended party Offender has an intent to kill the offended party

Kidnapping and Serious Illegal Detention (267)

Slightly Illegal Detention (268)

Unlawful Arrest (269)

Kidnapping and Failure Return a Minor (2700

Slavery (272)

Offender is a private individual

Offender is a private individual

Offender is ANY person

Offender is entrusted with the custody of minor person

Offender is ANY person

Officer kidnaps or detains another, or in any manner deprives the latter of his liberty Offender kidnaps or detains another, or in any manner deprives the latter of his liberty

Offender kidnaps or detains another, or in any manner deprives the latter of his liberty

Purpose of the offender is to deliver him to the proper authorities

Offender deliberately fails to restore the said minor to his parents or guardians

The purpose is to enslave the victim

The act of kidnapping is illegal

The act of detention or kidnapping is illegal

The arrest or detention is not authorized by law circumstances no reasonable ground thereof

The following circumstance are present:

a) it lasts for more than 3 days

The circumstances in kidnapping and serious illegal detention is not present

b) It is committed simulating public authority

c) Any serious physical injuries are inflicted upon the victim or threats to kill him are made

d) Victim is a minor, female, or a public officer

Slavery (272) White Slavery (341)Crime against Personal Liberty and Security Crime Against ChastityOffender purchases, sells, kidnaps or detains a human being

Offender either engages in the business of prostitution, profits by it, or enlists the series of women

Purpose is to enslave Purpose is for prostitution

Abandoning a minor (276) Abandoning a minor by a person entrusted with his custody; Indifference of parents (277)

Custody of the offender is stated in general Custody of the offender is specific, that is the custody for rearing or education of the minor

Minor is under 7 years of age Minor is under 21 years of ageMinor is abandoned in such a way as to deprive him of the care and protection that his tender years need

Minor is delivered to a public institution or other person

Grave Threats (282) Light Threats (283) Other Light Threats (285)Threatening another with infliction upon his person, honor, or properly or that of his family of any wrong

Offender makes a threat to commit a wrong

Such wrong amounts to a crime

The wrong does not constitute a crime

Threats under par. 3 here is similar to light threats because the harm threatened to be committed is NOT a crime. But the difference is that here, there is no demand, for money or no condition is imposed or the threat is not deliberate

Acts:

a) a demand for money and any condition is imposed even though not unlawful and the offender attains his purpose

b) the offender does not attain his purpose

c) the threat is not subject to a condition but it must be deliberate

Acts:

a) a demand for money and any other condition is imposed even though not unlawful and the offender attains his purpose

b) the offender does not be subject to a condition

Threats under par. 2 here is the same as the 3rd form of grave threats because the harm to be committed is a crime. But it should be made in the heat of anger

Qualified trespass to dwelling (280) Other forms of trespass (281)Offender is a private person Offender is ANY personOffender enters a dwelling house Offender enters closed premises or fenced estatePlace entered is inhabited Place entered is uninhabitedThe act constituting the crime is entering the dwelling against the will of the owner

The act is entering the closed premises or the fenced estate without securing the permission of the owner or caretaker thereof

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

Grave Coercion (286)

Light Coercion (287)

Other similar coercion (288, par.1)

Other similar coercion (288, par. 20

Coercion affecting labor capital (289)

Offender is any person that restrains the will and liberty of another and who has no authority or the right to do so

Offender is a creditor who seizes anything belonging to his debtor

Offender is any person, agent or officer of any association or corporation which has employed employees

Offender pays the wages due an employee by means of tokens or objects other than legal tender

Offender is ANY person

Offender 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

Offender forces or compels, directly or indirectly, or knowingly permits to be forced or compelled any employee to purchase merchandise of any kind from the corporation

The employee or laborer does not expressly request than the paid by means of tokens or objects

Offender employs violence or threats in such a degree as to compel or force the laborers or employers in the free and legal exercise of their industry or work

The prevention or compulsion be effected by violence, threats or intimidation

The seizure of the thing be accomplished by means of violence or a display of material force producing intimidationPurpose of the offender is to apply the same to the payment of the debt

Purpose is to organize, maintain or prevent coalitions of capital or labor, strike of laborers or lockout of employers

Grave Coercion(286)

Illegal Detention(267)

Maltreatment ofPrisoners (235)

Execution ofDeeds by means ofViolence orIntimidation (298)

Offender may have any other purpose

The purpose of the offender is clear and it is deprivation of liberty

The offender is a public officer who must have actual charge of the

Offender has an intent to defraud another

prisonerOffended is ANY person

Offended party is a prisoner

Offended party is NOT under obligation to sign, execute or deliver the document under the law, but the offender makes him thorough violence or intimidation

Discovering secretsthrough seizure ofcorrespondence (290)

Revealing secrets withabuse of confidence (291)

Revealing of industrialsecrets (292)

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

Offender is a manager, employee or servant

Offender is a person in-charge employee or workman of a manufacturing or industrial establishment

Offender seizes the papers or letters of another for the purpose of discovering the secrets of such person

Offender learns the secrets of his principal or master in such a capacity

Offender is informed of the contents of the papers or letters signed

Offender reveals such secrets

Offender reveals a secret of the industry and prejudice is caused to the owner

Robbery (294-305) Theft (308-311)Taking of personal property belonging to another with intent to gain by means of:

Taking of personal property belonging to another with intent to gain and without the latter’s consent

Violence againstor intimidation ofpersons

Force upon things

If this is employed, the taking of personal property belonging to another is always robbery

The taking is robbery ONLY if the force is used either to enter the building or to break doors, wardrobes, chests, or any other kind of locked or sealed furniture or receptacle inside the building or to force them open outside after taking the same from the building

Value of the property taken is immaterial

Value of the property taken is considered

Robbery (294 – 305) Distinguished from other crimesWith Homicide (294): Intent to gain is the main purpose

Homicide (249): To kill is the main purpose

Thru Intimidation (294):

a) There is intimidation and the purpose is to obtain gain

b) Intimidation is actual and immediate

c) Intimidation is personal

Threats to extort money (282):

a) There is intimidation and the purpose is to obtain gain

b) Intimidation is conditional or future, that is, NOT immediate

d) Intimidation is directed only to the person of the victim

e) Gain of the culprit is immediate

c) Intimidation may be made through an intermediary

d) Intimidation may refer to any person, honor or property of the offended party or that of his family

e) Gain of the culprit is NOT intent to gainWith Violence(294):

a) There is violence used by the offender

b) There is intent to gain

Grave Coercion (280):

a) There is violence used by the offender

b) There is NO intent to gain

Robbery (294 – 305) Bribery (210)When the victim did not commit a crime and he is intimidated with arrest and/or prosecution to deprive him of his personal liberty

When the victim has committed a crime and gives money or gifts to avoid arrest or prosecution

Victim is deprived of his money or property by force or intimidation

Victim pats with his money or property “voluntarily”

Robbery with force upon things (299 – 305) Theft (308 – 311)If a false key is used to enter a building, it is robbery

If the false key or picklock was used to open a door inside the building, then it is only theft. But if the room opened is a separate dwelling place, it may give rise to robbery

It is robbery when a wardrobe, locked receptacle or drawer is broken to get a property inside

If a false key is used to open a wardrobe, locked receptacle or drawer, it is merely theft.

Robbery with force upon things (299 – 305)

Estafa (315) Theft (308 – 311)

The locked or sealed receptacle is forced open in the building where it is kept or taken therefrom to be broken outside

A person opens by force certain locked receptacle which has been confided into his custody and takes the money contained therein.

A locked receptacle is found on the side street and forcibly opened and the contents thereof taken

Offender takes the locked receptacle without the owner’s consent with force upon things

Offender receives the thing from the offended party

Offender takes the locked receptacle without the owner’s consent

Occupation of real property or usurpation of real rights and property (312)

Theft or Robbery

There is occupation or usurpation There is taking or asportationReal property or real right is involved Personal property is involved

“By means of fire” “By means of explosion” “By means of derailment of a locomotive”

“By means of poison”

When the crime is Arson (320 and PD 613 as amended by RA 7659), this is not an aggravating circumstance, since it is inherent in the crime

When a person uses a hand grenade to create an explosion, the crime is one that involves destruction (324)

When property is damaged as a result of the derailment of a locomotive, the crime committed is damage to means of communication (330)

When something is set on fire for the purpose of killing another, this becomes a qualifying aggravating circumstance in accordance with Art. 248, par. 3

When an explosion is used for the purpose of killing another person, this becomes a qualifying aggravating circumstance in accordance with Art. 248 par. 3

When derailment of a locomotive is used for the purpose of killing another person, this becomes a qualifying aggravating circumstance in accordance with Art. 248, par. 3

When poison is used for the purpose of killing another person, this becomes a qualifying aggravating circumstance in accordance with Art. 248, par. 3

When the crime committed is Arson, and someone is killed in the process, but there was not intent to kill, this is still not considered an aggravating circumstance, but the penalty would be reclusion perpetua to death in accordance with PD 1613

When the crime committed is one involving destruction, and someone is killed in the process, but there was no intent to kill, the crime is still destruction and this circumstance is inherent in that offense. However, the penalty would be death

When the crime committed is one involving derailment of a locomotive, and someone is killed in the process, but there was no intent to kill, there is a complex crime of damage to means of communication with homicide (or murder)

When someone is killed, and then the house is set on fire, there are two separate crimes of arson and murder (or homicide)

When someone is killed, and then an explosion is done, there are two separate crimes of destruction and murder (or homicide)

When someone is killed, and derailment of a locomotive is done after the killing, there are two separate crimes of derailment of locomotive and murder (or homicide)

This becomes an aggravating circumstance ONLY when there is another aggravating circumstance which already qualifies the crime

This becomes an aggravating circumstance ONLY when there is another aggravating circumstance which already qualifies the crime

This becomes an aggravating circumstance ONLY when there is another aggravating circumstance which already qualifies the crime

This becomes an aggravating circumstance ONLY when there is another aggravating circumstance which already qualifies the crime

Estafa be means of deceit (315, subdivision 2 & 3)

Malversation (217)

Funds or property are always private Usually public funds or propertyOffender is a private individual or public officer who is not accountable for public funds or property

Offender is usually a public officer who is accountable for public funds or property

Committed by misappropriating, converting Committed by appropriating, taking or

or denying having received money, goods or other personal property

misappropriating or consenting, or through abandonment or negligence, permitting any other person to take the public funds or property

Estafa be means of deceit (315, subdivision 2 & 3)

BP 22

Offender postdated a check, or issued one in payment or an obligation.

Mere act of issuing a check is punished not the non-payment of an obligation

It can’t apply to guarantees May apply to a guaranteeDamage or prejudice is caused Damage is NOT an essential element

Estafa by removing, concealing, or destroying, in whole or in part, any court record, office files, documents or any other papers (315, No. 3 (c))

Infidelity in the custody of documents (226)

Offender is a private individual or even a public officer who is not officially entrusted with the documents

Offender is a public officer who is officially entrusted with the documents

There is an intent to defraud Intent to defraud is NOT necessary

Adultery (333) Concubinage (334)Offender is a married woman Offender is a married man

Acts of Lasciviousness (336)

Rape (266 – A) Unjust Vexation (287, par. 20

Acts of Lasciviousness with the consent of the offended party

Qualified or Simple seduction (377 & 338)

Acts of the offender do not clearly indicate that he wants to lie with the offended woman

Acts performed by the offender clearly indicate that his purpose was to lie with the offended woman

There are NO acts of lasciviousness

Acts of the offender do not clearly indicate that he wants to lie with the offended woman

Lascivious acts are themselves the final objective of the offender

Lascivious acts are but the preparatory acts to the commission of rape

Lascivious acts are themselves the final objective of the offender

The acts are committed under circumstances which had there been carnal knowledge, would amount to rape

The acts are committed under circumstances which had there been carnal knowledge, would amount to either qualified or simple seduction. Consent is present

In qualified seduction, there abuse of confidence, of authority or relationship. In simple seduction there must be deceit

but there must be either abuse of confidence, of authority, relationship or deceit

There is not sexual intercourse

There is no sexual intercourse

There is sexual intercourse

Forcible Abduction (342)

Grave Coercion (286)

Corruption of Minors (340)

Acts of Lasciviousness (336)

Consented Abduction (343)

Offended party must be a woman

Offended party be ANY person

Offended party must be a minor

Offended party maybe ANY person

Offended party must be over 12 and under 18 years of age and was taken away with her consent after solicitation or cajolery from the offender

There is an element of lewd designs

There is NO lewd design

There is NO lewd design

There is an element of lewd designs

There is an element of lewd designs

It is enough that libidinous designs may exist, actual commission of acts of lasciviousness is NOT necessary

Lecherous acts must have actually been committed

Bigamy (349) Marriage contracted against provisions of laws (350)

Premature marriages (351)

Adultery or Concubinage (333 or 334)

That a legally married offender contracts a subsequent marriage which has all the essential requisites for validity when the 1st marriage has not been legally dissolved or in case of an absent spouse, such spouse could not yet be presumed dead

That the offender knew at the time of marriage that requisites of the law were not complied with or the marriage was in disregard of a legal impediment

The offender may either be:

a) a woman who married within 301 days from the date of the death of her husband, or before having delivered is she is pregnant at the time of his death

b) a woman who, her marriage having annulled or dissolved, married before her delivery or before the expiration of the

period of 301 days after the date of the legal separation

Crime against civil status of persons

Crime against civil status of persons

Crime against civil status of persons

Crime against Chastity, so it is a distinct offense

Libel (353) Slander (358)A public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead

Oral defamation

Slander by deed (359)

Maltreatment (266, par. 30)

Unjust Vexation (287, par. 2)

Acts of Lasciviousness (3360

The offended party suffered from shame or humiliation cause by the maltreatment

No dishonor was caused

In addition to irritation or annoyance, there is attendant publicity and dishonor or contempt

Anything that annoys or irritates another without justification

In addition to irritation or annoyance, there was lewd designs done by using force or intimidation, or when the offended party is deprived of reason or otherwise unconscious or when the offended party is another person of either sex.