CRIMINAL LAW DISTINCTIONS

MALUM PROHIBITUM
1. Moral trait of the offender is not considered. It is enough that the prohibited act be voluntarily done. 2. Good faith is not a defense. 3. Only in the consummated stage unless otherwise provided by law. 4. Mitigating and aggravating c. not considered bec. Moral trait of the offender is not considered. 5. Degree of participation of any offender is not considered. All who perpetrated the act are penalized to the same extent.

MALUM IN SE
Moral trait of the offender is considered. GF a valid defense unless the crime is the result of culpa. Attempted, frustrated and consummated stages of the crime is considered. -considered-

Offenders are classified as principals, accomplices or accessories.

INTENT MOTIVE

Purpose to use a particular means to effect a result. Ex: resort to a knife Moving power which impels one to action. Ex: jealousy. (note: motive is impt. when there is doubt as to the identity of the accused) IMPRUDENCE deficiency of perception

NEGLIGENCE deficiency of action LEX CERVUS FRATERNITY FRUSTRATED STAGE In both, the offender has not accomplished his criminal purpose

ATTEMPTED STAGE

All acts of execution performed (offender has reached the objective phase) There is no intervention during the beginning up to the moment when all acts are performed which would result in the consummated crime

Offender commences but does not perform all the acts of execution (the offender has not passed the SUBJECTIVE PHASE) Offender does not perform all acts of execution. There is an intervention and the offender is stopped short by some cause apart from his own voluntary desistance.

ATTEMPTED OR FRUSTRATED STAGE OF THE CRIME In both cases, the evil intent is not accomplished. Evil intent is POSSIBLE of accomplishment What prevented its accomplishment is the intervention of certain cause or accident in which the offender had no part

IMPOSSIBLE CRIME

Evil intent CANNOT be accomplished Evil intent cannot be done bec.of inherent impossibility or because of inadequate or ineffectual means.

JUSTIFYING CIRCUMSTANCE

Those where the act of a person is in accordance with law so that such person is deemed not to have transgressed the law and is free from criminal and civil liability (except in par. 4 of Art. 11-persons benefited by the act) Those grounds for exemption from punishment bec. there is wanting in the agent of the crime any of the conditions which make the act voluntary or negligent. Those which do not entirely free the actor from criminal liability, but serve only to reduce the penalty. Those which serve to increase the penalty without, however, exceeding the maximum provided by law. Those which must be taken as aggravating or mitigating according to the nature and effects of the crime and other conditions attending its commission.

EXEMPTING CIRCUMSTANCE MITIGATING CIRCUMSTANCE AGGRAVATING CIRCUMSTANCE ALTERNATIVE CIRCUMSTANCE

JUSTIFYING C. Nothing unlawful in the act Neither a crime nor a criminal No civil liability except in par. 4, Art. 11

EXEMPTING C. there is a crime but no criminal act is not justified but the actor is not criminally liable there is civil liability except in par. 4 & 7, Art. 12 (accident & lawful or insuperable cause)

ENTRAPMENT INSTIGATION the entrapper resorts to ways the instigator induces the wouldand means to capture the law be defendant into committing the breaker while executing his offense and himself becomes a criminal design co-principal. the means originate from the mind of the criminal The law enforcer conceives the crime and suggests it to the accused who adopts the idea 3

and executes it DO NOT EXEMPT from criminal liability Not an absolutory cause Sanctioned by the RPC EXEMPTS the defendant. An ABSOLUTORY CAUSE Instigation is not sanctioned by the RPC

IRRESISTIBLE FORCE (Art. 12, par5) UNCONTROLLABLE FEAR (par.6) Physical force coming from a Impulse coming from within the stranger actor himself Actor acts without a will Actor acts not against his will but because he is endangered by fear PROVOCATION (Art. 13, par. 4) VINDICATION (par. 5) Directed against the person Committed not only against the committing the felony offender but also against the relatives mentioned by law Must be immediate to the Vindication may be proximate commission of the crime Cause that brought about the Offended party must have done provocation need not be a grave a grave offense. offense. PASSION/OBFUSCATION IRRESISTIBLE FORCE MITIGATING EXEMPTING Cannot give rise to irresistible Requires physical force force bec. the latter is physical force Is in the offender himself Must come from 3rd person Must arise from lawful Is unlawful sentiments PASSION/ OBFUSCATION PROVOCATION Produced by an impulse which Comes from the injured party may come from provocation The offense which engenders Must immediately precede the perturbation of the mind need commission of the crime. not be immediate. It is enough that the influence lasts until the crime is committed 4

Art. 247- Death or physical injuries inflicted under exceptional circumstances IF caught in actual sexual intercourse with another

SUFFICIENT VINDICATION OF PROVOCATION A GRAVE OFFENSE

PASSION OR OBFUSCATION

IF caught lying nude only with another

IF act done somewhere else as is sufficient to produce passion or obfuscation

-same-

Only 1 of the 3 mitigating c. should be given in favor of the offender. Passion must arise out of lawful sentiments and not from vicious or immoral passions. PRIVILEGED MITIGATING CIRCUMSTANCE (PMC) cannot be offset by any a.c. has the effect of imposing the penalty by 1 or 2 degrees lower than that provided by law.

ORDINARY MITIGATING CIRCUMSTANCE (OMC) Can be offset by a generic aggravating c. One OMC if not offset by a generic aggravating c. will have the effect of imposing the lesser penalty (min.pd. in case of divisible penalty)

QUALIFYING AGGRAVATING C. Its effect is not only to give the crime its proper and exclusive name but also to place the author in such a situation as to deserve no other penalty than that specially prescribed by law for said crime Cannot be offset by a mitigating circumstance MUST BE ALLEGED IN THE INFORMATION, otherwise, it is only a generic aggravating c.

GENERIC AGGRAVATING C. If not offset by a MC, its effect is to increase the penalty to the maximum pd. but without exceeding the limit prescribed by law. May be compensated by a MC If not alleged (the qualifying circumstance), it is a GAC only.

AGGRAVATING CIRCUMSTANCE QUALIFYING CIRCUMSTANCE Can be offset by OMC Affects the nature of the crime itself such that the offender will NO need to allege in Information be liable for the more serious as long as it is proved during crime. It is an actual ingredient trial of the crime Not an ingredient of the crime. It CANNOT be offset only affects the penalty Must be alleged in the Info., otherwise, if proved during trial, it will only be a Generic Aggravating C.

RECIDIVISM

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 in the same title of the Code (Art. 14, par.9) 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. (Art. 14, par. 10) When a person, within a period of ten years from the date of his release or last conviction of the crimes of serious or less serious p.i., robbery, theft, estafa, or falsification, is found guilty of any of said crimes, a third time or oftener. (Art. 62, par5.) Any person who shall commit a felony after having been convicted by final judgment, before beginning to serve such sentence, or while serving the same, shall be punished by the max. period of the penalty prescribed by the law for the new offense. (Art. 160)

REITERACION OR HABITUALITY

HABITUAL DELINQUENCY/ MULTI-RECIDIVISM

QUASI-RECIDIVISM

Notes: Quasi-recidivism- Consequence: if there is a PMC, the penalty shall be lowered by 1 or 2 degrees, as the case may be, but it shall be imposed in the max. period if the offender is a quasi-recidivist.

REITERACION OR HABITUALITY RECIDIVISM Offender must have served out It is enough that a final judgment his penalty for the first offense has been rendered in the first offense The previous and subsequent Offenses are in the SAME TITLE offenses must not be embraced of the RPC in the same title of the Code. Not always an aggravating c. Always considered in imposing the penalty

HABITUAL DELINQUENCY RECIDIVISM Crimes are specified Same title of the RPC Within a period of ten years from No period of time bet. former his last release or conviction conviction and last conviction Found guilty a third time or A second conviction is sufficient oftener If not offset by a MC, serves to Additional penalty is imposed increase the penalty Must be alleged in the Need not be alleged in the Info. information, otherwise court A generic aggravating c. which cannot impose additional can be offset by OMC. penalty. A special aggravating c. Hence, it cannot be offset by any mitigating c.

AID OF ARMED MEN (Art. 14) EMPLOYMENT OF BAND If there are 3 armed or less, aid if there are atleast 4 armed men , of armed men may be the the aid of armed men is aggravating circumstance absorbed in employment of band. Present even if one of the Requires more than 3 armed offenders merely relied on their malefactors shall have acted aid, for actual aid is not together in the commission of necessary. the crime. CRAFT FRAUD DISGUISE Intellectual trickery and cunning Insidious words or machinations to induce the victim Resorting to any device to conceal identity. 7

TREACHERY Means, methods or forms of attack are employed by the offender to make it impossible or hard for the offended party to put up any sort of resistance.

ABUSE OF SUPERIOR STRENGTH Offender does not employ means, etc.; he only takes advantage of his superior strength

MEANS EMPLOYED TO WEAKEN DEFENSE Offender employs means but the means employed only materially weakens the resisting power of the offended party.

IGNOMINY (Art. 14, par.17)

CRUELTY (par.21)

Moral suffering; humiliate or put the offended party to shame; refers to the moral effect of the crime whether or not the victim is dead or alive Physical suffering; prolong the suffering of the victim; inflict unnecessary pain; victim must be alive when inflicted; offender enjoys seeing the victim suffer

PRINCIPAL BY INDUCEMENT IN BOTH, there is an inducement He becomes liable only when the crime is committed by the principal by direct participation

OFFENDER WHO MADE PROPOSAL

Proposal to commit felony (treason, etc) is punishable. The person to whom the proposal is made should not commit the crime; otherwise, the proponent becomes a principal by inducement. The proposal to be punishable must involve only treason or rebellion

The inducement involves any crime

ACCOMPLICE Does not take a direct part, do not force or induce others, or who does not cooperate by another act YET cooperates in the execution of the offense by previous or simultaneous acts

PRINCIPAL Takes a direct part Force or induce others Cooperates in the commission of an offense by another act without which it would not have been accomplished.

ACCOMPLICE Participation of the offender, although necessary, is not indispensable His act merely facilitated the commission of the crime. Without his cooperation, crime would still have been committed. LEX CERVUS FRATERNITY ACCOMPLICE In both, there is community of criminal design Cooperates in the execution of the offense by previous or simultaneous acts other than those which characterize the principals There must be no conspiracy, otherwise, he is not an accomplice but a principal

PRINCIPAL BY COOPERATION Participation is indispensable

PRINCIPAL BY DIRECT PARTICIPATION Takes a personal direct part Between and among principals, there must be conspiracy In case of doubt, resolved in favor of the lesser responsibility, that of an accomplice and not of a principal

ART. 19, PAR 3 (RPC) ACCESSORY

PD 1829- Law on Obstruction of Justice Crimes are specified if There is no regard to the crime committed by a private citizen committed An accessory. Why? RPC Called an offender In case of a civilian, the principal Does not require prior must be found guilty of said conviction. Why? Malum crimes in Art. 19, par.3, prohibitum. otherwise, the person cannot be 9

an accessory PARDON BY CHIEF EXECUTIVE EXTINGUISHES criminal liability PARDON BY OFFENDED PARTY Does not extinguish criminal liability (w/ exceptions) Does not include civil liability Offended party may waive civil which the offender must pay liability which the offender must pay Granted only after conviction Must be given before the and may be extended to any offender institution of criminal proceedings. ARTICLE 83 Death penalty SUSPENDED. Pregnant woman, or within 1 year after her delivery, nor upon any person 70 years of age

ARTICLE 47 Cases where Death penalty not imposed Person below 18, or more than 70 years of age, required majority vote not obtained in SC.

PARDON AMNESTY Includes any crime For political offenses Person is convicted first (it is May be granted before, during or granted after conviction) after trial; does not require a final judgment Looks forward, it does not work Looks backward, obliterates the the restoration of rights unless restored by the terms of the crime as if no offense was pardon committed. Granted by the Chief Executive; Proclamation of the Chief a personal act and should be pleaded because courts do not Executive with concurrence of take notice thereof. Congress; a public act which courts take judicial notice CONDITIONAL PARDON PAROLE At any time after final judgment After person has served minimum penalty granted by the For violation, re-arrested or Board of Pardons and Parole reincarcerated or prosecuted For violation, serve the under Art. 159 (evasion of service of sentence) remaining portion of the original penalty Cannot be prosecuted under Art. 159

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PARDON PROBATION Granted by the Chief Executive granted by the court after for any crime investigation by a probation officer in cases where the In absolute pardon, the penalty imposed does not sentence and its effects, exceed 6 years and 1 day including accessory penalties there must be no previous are abolished upon the grant of the pardon availment of probation crime is not against the security of the state Restoration of civil rights takes place only after his final discharge after the period of probation LEX CERVUS FRATERNITY PARDON PAROLE Granted at any time after final Granted by Board of Pardons judgment of conviction even and Parole under the ISLAW before sentence only after serving the minimum of the sentence Convict becomes a free man Although released from custody, he must submit to periodic examination by the Board of Parole. PROBATION LAW INDETERMINATE SENTENCE LAW Sentence must not be more than Sentence must be more than 6 years one year Applies whether the penalty is Penalty if imprisonment only imprisonment or fine Sentence is suspended Minimum sentence must be served; apply for parole When violated, entire sentence When violated, only the must be served without unexpired portion will be served deduction Appeal forecloses the right to apply for probation because they are mutually exclusive remedies Appeal does operation not affect its

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CONTINUED CRIME CONTINUING CRIME Series of acts violating and the When any of the material same penal provision (same ingredients of the crime was time, same place, same committed in different places. purpose) Ex: As related to complex crime, for instance, multiple robbery by a band of robbers when they are moved by a single impulse.

PIRACY MUTINY Committed by a person(s) who Unlawful resistance to a superior is not a passenger nor member officer, or the raising of of the complement of the vessel commotions and disturbances aboard a ship against the Intent to gain, essence of piracy authority of its commander. is robbery. Committed by members of the complement or the passengers of the vessel. There is no criminal intent

REBELLION TREASON Levying of war against the Levying of war against the government during peace time government when performed to for any of the purposes in Art. aid the enemy 134 Always involves taking up of Committed by mere adherence arms against the government to the enemy giving them aid or comfort.

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CRIMES AGAINST FUNDAMENTAL CRIMES AGAINST PERSONAL LAWS OF THE STATE LIBERTY Title 2 Title 9 Offenders are PUBLIC Offenders are PRIVATE OFFICERS (except those who PERSONS. offend religious feelings because the latter refers to any person) Can also be committed by private persons if they conspire with the public officer. But acting alone, the private person cannot commit this crime. CRIMES AGAINST NATIONAL SECURITY Extra-territorial effect of the RPC may be given effect Offender may be prosecuted if found in the Phil. or brought here through an extradition treaty. CRIMES AGAINST THE LAW OF NATIONS Same Offender may be prosecuted anywhere because this is considered a crime against humanity

ARBITRARY DETENTION UNLAWFUL ARREST By public officer whose duty is to Offender may be any person make arrests Purpose is to accuse the Purpose is to deny liberty offended party of a crime he did not commit, to deliver the person to the proper authority and file the necessary charges against him

ARBITRARY DETENTION ILLEGAL DETENTION IN BOTH, there must be actual restraint of liberty, otherwise it may only be grave threat or light threat. Offender is a private person 13

Committed by a public officer as a principal; private persons can commit this crime if they conspire with the public officer or is an accomplice or an accessory thereof. The offender has the duty which carries with it the authority to detain the person. Otherwise it is only illegal detention.

but a public officer can also commit this crime if acting in his private capacity or beyond the scope if his official duty or when he becomes an accomplice or an accessory. The offender, even if he is a public officer, does not include as his function the power to detain a person unless if he conspires with a public officer committing arbitrary detention. UNLAWFUL ARREST Without warrant Without reasonable ground Shall arrest or detain a person for the purpose of delivering him to the proper authorities Art. 269

LEX CERVUS FRATERNITY ARBITRARY DETENTION Arrest without legal ground Art. 124 DELAY IN THE DELIVERY OF DETAINED PERSONS Arrest without warrant but with legal ground Detention is lawful Art. 125

EXPULSION GRAVE COERCION Deporting an alien without Compel or prevent a person authority of law OR compelling a from doing something against Filipino to change his place of the latters will abode without due process of By means of threat, violence or law intimidation The essence of this crime is If done by a private person, in grave coercion but it is relation to compelling change of designated as expulsion when residence committed by a PUBLIC If Filipino is deported, crime is OFFICER grave coercion and not expulsion since a Filipino cannot be deported, only aliens can be deported. ART. 131- PROHIBITION, INTERRUPTION AND DISSOLUTIONOF PEACEFUL MEETINGS TUMULTS AND DISTURBANCES (Art. 153) OTHER

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Public officer not a participant Purpose is to prevent exercise of freedom of speech

If the public officer is a participant and he prohibits, interrupts or dissolves the same Purpose is to create disturbance of any sort in a public place or even in a private place where a public function is being held.

COUP DETAT Essence of this crime is a swift attack upon the facilities of the Philippine government, military camps, public utilities, and communication networks essential to the continued possession of governmental powers May be committed singly or collectively and does not require a multitude of people Objective may be not to overthrow the government but only to destabilize or paralyze the government Requires as a principal offender a member of the AFP or PNP or a public officer with or without civilian support Carried out not only by force or violence but also through stealth, threat or strategy.

REBELLION A public uprising with the taking up of arms

Requires a multitude of people Objective is to overthrow the duly constituted government Does not require the participation of any member of the military or the national police or public officials and generally carried out by civilians Can only be committed through force and violence

REBELLION SEDITION There must be taking up of arms It is sufficient that the public against the government uprising be tumultuous Purpose is always political; to Purpose may be political or overthrow the government social; it is to go against the government, not overthrow it ILLEGAL ASSEMBLY ILLEGAL ASSOCIATION The basis of liability is gathering The basis of liability is formation for an illegal purpose which of organization to engage in constitutes a crime under the unlawful purpose which is not 15

RPC

limited to a violation of the RPC but also special law or those against public morals ILLEGAL DISCHARGE OF FIREARM (Art. 254) Firearm directed at a particular person when discharged but intent to kill is absent ATTEMPTED HOMICIDE, MURDER, OR PARRICIDE Firearm discharged is directed at a particular person with intent to kill

ALARMS AND SCANDALS (Art. 155) Discharge of firearm not aimed at any person

DELIVERING PERSONS FROM JAIL INFIDELITY IN THE CUSTODY OF (Art. 156) PRISONER (Arts. 223, 224, 225) IN BOTH, it may be committed by public officers or private persons IN BOTH, persons involved may be convict or detention prisoner If offender is not the custodian, this crime is committed. If offender is the custodian at the time that the prisoner was made to escape

ART. 169- FORGERY Applies to papers which are in the form of obligations and securities (notes) Giving treasury notes etc. the appearance of true and genuine documents By erasing, etc. or altering by any means the figures, letters, words, or signs contained therein.

PD 247- Preventing defacement, mutilation of coins and notes etc. Applies to currency notes and coins as well Any destruction, defacing or mutilation of coins or currency issued by the Central Bank as a legal tender of the Philippines Destruction of money; any act tending to diminish the number of money circulating If paper bill is destroyed, violation of PD247 and not Art. 169

FORGERY There are two committing forgery

ways

FALSIFICATION of Eight ways falsification

of

committing 16

Applies to treasury or bank notes or similar instruments

Applies to public, commercial or private document

COUNTERFEITING COINS MUTILATION OF COINS Remaking or manufacturing Act of diminishing the proper without authority, coins metal contents of the coin Even if coin is not of legal tender Limited to coins of legal tender anymore, any imitation or Offender must gain from the manufacture of Philippine coin is precious metals by collecting the penalized dust from the mutilated coin, Purpose is to discourage people otherwise, the violation is under from perfecting their craft of PD 247. imitating coins

ART. 178- USING FICTITIOUS NAME ANTI-ALIAS LAW AND CONCEALING TRUE NAME Concealment of true name AND If personal circumstances are other personal circumstances not really concealed

PERJURY (Art. 183) FALSE TESTIMONY Refers to non-judicial Judicial proceedings proceedings or affidavits Arts. 180-182 required by law False testimony against a Narration of facts under oath defendant, false testimony in A false assertion of facts under favor of a defendant, false oath testimony in civil cases Amount involved is immaterial Amount involved is material in false testimony in civil cases Notes: If not under oath, the crime may be falsification, par.4

Notes: there is no more crime of subordination of perjury under the Old Penal Code which then required that the witness be convicted of perjury first before the person who procured the false witness is convicted also. At present, under Art. 128 of the RPC, mere offer of the testimony is a violation and the false witness need not be convicted. 17

ALTERATION (Art. 188) UNFAIR COMPETITION (Art. 189) The offender should not be a Offender is a manufacturer or manufacturer who rides on the producer who makes use of goodwill of another trademark or tradename of manufacturer or product another producer or engaged in the same line of manufacturer engaged in the business. same line of business. Ex: Sari-sari store owner It deceives the public, otherwise this crime is not committed if by Mere alteration not punishable, it looking at the product you must be offered for sale cannot be deceived. GRAVE SCANDAL ALARMS AND SCANDALS Moral scandal offensive to decency but it Refers to disturbances does not disturb the public peace of public tranquility although it must be open to public view

MALFEASANCE MISFEASANCE NON-FEASANCE

Public officer performs an act prohibited by law Public officer performs official acts in the manner not in accordance with what the law prescribes Public officer willfully refrains from performing official duty which his office requires him to perform

ESTAFA MALVERSATION Usually committed by private Committed by accountable person officers The object is property privately Public fund or property owned Personal appropriation is not Personal appropriation of the required because the offender is offender is required guilty even of he allows another to misappropriate. SIMPLE MALVERSATION ILLEGAL USE OF PUBLIC FUNDS (TECHNICAL MALVERSATION) The public funds are not yet The public funds are already appropriated by law and was earmarked for a public purpose applied to a public purpose; or, The public officer applied it to Such funds are appropriated for another purpose a particular purpose and the same was applied to a private 18

purpose Can be committed by a private person entrusted with public funds or property as custodian thereof.

REFUSAL OF ASSISTANCE DERELICTION OF DUTY Art. 233 Art. 208 A public officer who shall fail to Public officer whose duty is to lend his cooperation towards the cause the prosecution of administration of justice or other offenses maliciously refrains public service from instituting prosecution or tolerates the commission Ex: policeman who refuses to thereof. appear in court to testify as witness

CRUELTY AS AN AGGRAVATING CRUELTY AS CIRCUMSTANCE (Art. 14, par. 21) CIRCUMSTANCE Requires that the victim be alive That the wrong done be augmented by causing other wrong not necessary for its commission. (par. 21)

QUALIFYING

By deliberately and inhumanly augmenting the suffering of victim or outraging or scoffing at his person or corpse (the Homicide at the outset becomes Murder if cruelty is employed even though victim is dead)

CHALLENGING TO A DUEL (Art. LIGHT THREATS (Art. 285, par.1 &2) 260) Any person who shall challenge another Or incite another to give or accept a challenge to a duel Or shall scoff at or decry another publicly for having refused to accept a challenge to fight a duel Any person who shall threaten another with a weapon or draw such weapon in a duel Any person who, in the heat of anger, shall threaten another with some harm not constituting a crime and who by subsequent acts shows that he did not persist in the idea involved in his threat Any person who shall orally threaten to do another harm not constituting a felony. 19

SLIGHT PHYSICAL INJURIES SLANDER BY DEED A form of ill-treatment Slapping the face WITH INTENT to cast dishonor the offended Slapping the face WITHOUT party INTENT to cause dishonor

Forcible abduction

If a woman is transported from one place to another by restraining her liberty and that is coupled with lewd designs If only to restrain her liberty (note: if victim is a woman, the detention is always serious) If a woman is carried away just to break her will to compel her to agree to the demand or request by the offender.

Serious Illegal Detention

Grave Coercion

LEX CERVUS FRATERNITY SLAVERY ILLEGAL DETENTION Committed by anyone who shall Purpose of detention purchase, sell, kidnap, or detain deprive liberty a person for the purpose of enslaving him OR to assign the party to some immoral traffic (Art. 272) Must not be engaged in the business of prostitution, otherwise the crime is White Slavery under Art. 341. is to

ART. 278MINORS

EXLOITATION

OF RA 7610- SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSE Age: Below 18 years old 20

Age: below 16

Place the life and limb of the child in danger If employer is an ascendant, this crime is not committed unless the minor is less than 12 years old

As long as employment is inimical and detrimental to the child workers interest, the establishment is closed.

QUALIFIED TRESSPASS TRESSPASS TO PROPERTY Art. 280 Art. 281 Any private person who shall Any person who shall enter the enter the dwelling of another closed premises or the fenced against the latters will estate of another, while either of them is uninhabitable, if the House must be inhabited at the prohibition to enter be manifest time of the trespass although the and the trespasser has not occupants are out secured the permission of the Or offender breaks in with force owner or the caretaker thereof and violence

QUALIFIED TRESSPASS VIOLATION OF DOMICILE Any private person who shall May only be committed by a enter the dwelling of another public officer against the latters will 3 acts: (a) shall enter any House must be inhabited at the dwelling against the will of the time of the trespass although the owner (b) search papers or other occupants are out effects without the previous consent of the owner, (3) or Or offender breaks in with force having surreptitiously entered and violence said dwelling, and being required to do so, shall refuse to do so. GRAVE THREATS When the wrong threatened to be committed amounts to a crime, it falls under Art. 282 If it does not amount to a crime, the case falls under Art. 283 If the harm intended is not in the nature of a crime, if made orally and in the heat of anger and after the oral threat, the issuer of the threat did not pursue the act provided it does not fall under Art. 282. 21

LIGHT THREATS OTHER LIGHT THREATS (Art. 285)

GRAVE THREATS GRAVE COERCION

The wrong or harm done is FUTURE and conditional The harm done is DIRECT and personal. Its essence is violence or intimidation. There is no futurity.

GRAVE THREAT ROBBERY The intimidation is future and The intimidation is actual and conditional immediate Intimidation may be made Intimidation is personal through an intermediary Refers to personal property Subject matter may refer to person, honor or property SIMPLE ROBBERY PD 532- HIGHWAY ROBBERY If purpose is only a particular Purpose is indiscriminate robbery in highway, crime is highway robbery against any robbery or robbery in band, if and all prospective victims in the there are at least 4 armed highway. participants

BRIGANDAGE (Art. 306) PD 532 Mere forming of a band of at Even if one person alone, he least 4 armed persons for the can commit this crime purpose of committing robbery Actual indiscriminate highway in a highway (or to obtain robbery ransom or for any other purpose). They are deemed highway robbers or brigands. THEFT ROBBERY The offender does not use With violence against or violence or intimidation or does intimidation of persons not enter a house or building Or by the use of force upon through any of the means things specified under Art. 299 or Art. 302 in taking personal property of another with intent to gain QUALIFIED THEFT CATTLE (Art. 310) OF LARGE ANTI-CATTLE RUSTLING LAW (PD 533) 22

Where the large cattle was not taken but received from the owner/overseer thereof Animal taken must be alive The cow must be taken, not only its meat

Taking or killing of large cattle Intent to gain not essential Includes taking the meat Any taking without the consent of the owner

QUALIFIED THEFT OF LARGE CATTLE Where the large cattle was received by the offender who thereafter misappropriated it, if only physical or material possession thereof was yielded. Ex: herdsman who slaughtered cows one of the cows under his care and took the meat thereof is guilty of qualified theft because he merely had the physical possession of the cow, the legal possession thereof being in the owner.

ESTAFA If both material as well as juridical possession was yielded to him who misappropriated the large cattle.

USURPATION OF REAL RIGHTS Art. 312 Involves real property

ROBBERY WITH VIOLENCE OR INTIMIDATION AGAINST PERSONS Art. 294 Personal property QUALIFIED THEFT OF MOTOR VEHICLE Art. 310 RPC If the motor vehicle was not taken by the offender but was delivered by the owner or the possessor to the offender who thereafter misappropriated the same if only physical possession was transferred. Otherwise, if juridical possession is also transferred, the crime is estafa. ESTAFA 23

CARNAPPING (RA 6539) Special law Taking with intent to gain of a motor vehicle belonging to another, without the latters consent, or by means of violence or intimidation of persons or by using force upon things

BP 22-BOUNCING CHECKS LAW

The drawer is liable; endorsers are not liable Mere issuance is a crime Malum prohibitum, therefore good faith is not a defense Crime against public interest because it affects the entire banking system Deceit and damage are not elements of the crime Drawer or issuer is given 5 days after receiving the notice of dishonor within which to pay the value of the check or make arrangements for the payment thereof.

Drawer and endorsers liable knowing that the check is worthless Issuance of the check should be the means to obtain the valuable consideration from the payee. Malum in se; good faith is a defense Crime against property Damage or at least intent to cause damage essential

Notes: no violation of rule on double jeopardy is prosecuted under both BP 22 and estafa

ACTS OF LASCIVIOUSNESS Article 336 Art. 339 Offended party may be a man or Victim is limited to a woman woman Circumstances under which the With lewd design lascivious acts were committed must be that of qualified Under circumstances which seduction or simple seduction, would have brought about the i.e., the offender took advantage crime of rape if sexual of his position of ascendancy intercourse was effected over the woman either because Offended party is below 12 or he is a person in authority, a being over 12, the lascivious domestic, a househelp, a priest, acts were committed on him/her a teacher or guardian or there by means of violence or was a deceitful promise of intimidation or while the victim marriage which would never was deprived of reason or really be fulfilled. otherwise unconscious SIMPLE SEDUCTION QUALIFIED SEDUCTION Art. 338 Art. 337 It is enough that the woman be Woman must be a virgin (but not of good repute or is single physical virginity; it only means that the woman must not have Over 12 and under 18 years of experience before) age Also over 12 but under 18 Employment of deceit to 24

consummate intercourse

the

sexual

There is sexual intercourse

Notes: under qualified seduction, if the woman is a descendant or a sister of the offender, no matter how old she is or whether she is a prostitute, the crime is committed. If a woman is transported from one place to another by restraining her liberty and that is coupled with lewd designs If only to restrain her liberty WITHOUT LEWD DESIGN

Forcible abduction

Serious Illegal Detention

BIGAMY (Art. 349) ILLEGAL MARRIAGE (Art. 350) A form of illegal marriage Includes such other marriages which are performed without Offender must have valid and complying with the requirements subsisting marriage and he of the law, or such marriages contracts another subsequent solemnized by one without marriage authority. Must not constitute bigamy

LIBEL (Art. 353) SLANDER (Art. 358) If in writing or print media Oral defamation of a serious nature Malicious imputation of a crime Not printed or of a vice or defect Cause the contempt or dishonor Source of defamatory statement of a natural or juridical person or is known or identified to blacken the memory of one who is dead. INTRIGUING AGAINST HONOR SLANDER BY DEED (Art. 359) Art. 364 Slapping the face to dishonor or embarrass the offended party, Referred to as gossiping otherwise, crime is slight To blemish the reputation or physical injuries honor of a person 25

Source of defamatory utterance is unknown

UNJUST VEXATION SLANDER BY DEED

Anything that annoys or irritates If in addition to the annoyance, there was attendant publicity and dishonor or contempt Annoyance designs or irritation plus lewd

ACTS OF LASCIVIOUSNESS

MALICE IN FACT MALICE IN LAW Malice which the law presumes Privileged character of a for every statement whose tenor defamatory statement is defamatory May be negated by good Necessary only if the malice in motives or justifiable end or by law has been rebutted. This will the fact that it is privileged which now require evidence that the may either be absolute or accused was actuated with qualified. In the latter, proof of malice in making the utterance. malice is required.

SIMPLE NEGLIGENCE If the danger could hardly be perceived

RECKLESS IMPRUDENCE If the danger is clearly perceivable

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