Professional Documents
Culture Documents
BOOK I
CRIMINAL LAW A branch of municipal law which defines crimes, treats of their nature and provides for their punishment. Characteristics of Criminal Law: 1. General binding on all persons who reside or sojourn in the Philippines Exceptions: a. Treaty Stipulation b. Laws of Preferential Application c. Principles of Public International Law Ex: i. sovereigns and other chiefs of state ii. Ambassadors, ministers plenipotentiary, minister resident and charges daffaires (BUT consuls, vice-consuls and other foreign commercial representatives CANNOT claim the privileges and immunities accorded to ambassadors and ministers.) 2. Territorial penal laws of the Philippines are enforceable only within its territory Exceptions: (Art. 2 of RPC binding even on crimes committed outside the Philippines) a. offense committed while on a Philippine ship or airship b. forging or counterfeiting any coin or currency note of the Philippines or obligations and the securities issued by the Government QuickTime and a TIFF (Uncompressed) decompressor c. introduction into the country of the are needed to see this picture. above-mentioned obligations and securities d. while being public officers and employees, an offense committed in the exercise of their functions e. crimes against national security and the law of the nations defined in Title One of Book Two 3. Prospective the law does not have any
retroactive effect. Exception: when the law is favorable to the accused Exceptions to the Exception: a. The new law is expressly made inapplicable to pending actions or existing causes of action b. Offender is a habitual criminal Theories of Criminal Law: 1. Classical Theory basis is mans free will to choose between good and evil, that is why more stress is placed upon the result of the felonious act than upon the criminal himself. The purpose of penalty is retribution. The RPC is generally governed by this theory. 2. Positivist Theory basis is the sum of social and economic phenomena which conditions man to do wrong in spite of or contrary to his volition. This is exemplified in the provisions on impossible crimes and habitual delinquency. 3. Mixed Theory combination of the classical and positivist theories wherein crimes that are economic and social in nature should be dealt in a positive manner. The law is thus more compassionate. Construction of Penal Laws: 1. Liberally construed in favor of offender Ex: a. the offender must clearly fall within the terms of the law b. an act is criminal only when made so by the statute 2. In cases of conflict with official translation, original Spanish text is controlling, 3. No interpretation by analogy.
LIMITATIONS ON POWER OF CONGRESS TO ENACT PENAL LAWS: 1. ex post facto law 2. bill of attainder 3. law that violates the equal protection clause of the constitution 4. law which imposes cruel and unusual punishments nor excessive fines
Advisers: Atty. Lorenzo Padilla, Justice Diosdado Peralta; Head: Kristine Quimpo; Understudies: Ivy Patdu, Krizna Gomez
ELEMENTS: 1. there must be an act or omission 2. this must be punishable by the RPC 3. act or omission was done by means of dolo or culpa NULLUM CRIMEN, NULLA POENA SINE LEGE There is no crime when there is no law punishing it. Classification Of Felonies According To The Means By Which They Are Committed: 1. Intentional Felonies- by means of deceit (dolo) Requisites: a. freedom b. intelligence c. intent. MISTAKE OF FACT misapprehension of fact on the part of the person who caused injury to another. He is not criminally liable. Requisites: a. the act done would have been lawful had the facts been as the accused believed them to be bintention is lawful b. mistake must be without fault or carelessness by the accused 2. Culpable Felonies- by means of fault (culpa) Requisites: a. freedom b. intelligence c. negligence (lack of foresight) and imprudence (lack of skill)
ART.1: TIME WHEN ACT TAKES EFFECT RPC took effect February 1, 1932. ART. 2: APPLICATION OF ITS PROVISIONS RULES: 1. Philippine vessel or airship Philippine law shall apply to offenses committed in vessels registered with the Philippine Bureau of Customs. It is the registration, not the citizenship of the owner which matters. 2. Foreign vessel a. French Rule General Rule: Crimes committed aboard a foreign vessel within the territorial waters of a country are NOT triable in the courts of such country. Exception: commission affects the peace and security of the territory, or the safety of the state is endangered. b. English Rule General Rule: Crimes committed aboard a foreign vessel within the territorial waters of a country are triable in the courts of such country. Exception: When the crime merely affects things within the vessel or it refers to the internal management thereof. *This is applicable in the Philippines. Title One: FELONIES QuickTime AND CIRCUMSTANCES and a TIFF (Uncompressed) decompressor WHICH AFFECT CRIMINAL LIABILITY are needed to see this picture. Chapter One: FELONIES Felonies acts and omissions punishable by the Revised Penal Code Crime acts and omissions punishable by any law Act an overt or external act
MALA IN SE v. MALA PROHIBITA Mala in se Mala Prohibita not considered moral trait of considered offender defense, not a defense; good faith as a valid unless the crime is intent not defense the result of culpa necessarysufficient that the offender has the intent to perpetrate the act prohibited by the special law
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mitigating and taken into account GENERALLY not in imposing penalty taken into account aggravating circumstance degree of when there is more than one offender, participation it is taken into consideration General Rule: laws violated RPC GENERALLY not taken into account General Special Laws Rule: Penal
Motive
purpose to use a moving power which impels particular means to effect one to act a result element of crime except not an element in crimes committed with culpa essential in intentional essential only when the identity felonies of the felon is in doubt
ART. 4: CRIMINAL LIABILITY Par.1 Criminal liability for a felony committed different from that intended to be committed Requisites: 1. felony has been committed intentionally 2. injury or damage done to the other party is the direct, natural and logical consequence of the felony Hence, since he is still motivated by criminal intent, the offender is criminally liable in: 1. Error in personae mistake in identity 2. Abberatio ictus mistake in blow QuickTime and a 3. Praetor intentionem lack of intent to TIFF (Uncompressed) decompressor are needed to see this picture. commit so grave a wrong PROXIMATE CAUSE the cause, which in the natural and continuous sequence unbroken by any efficient intervening cause, produces the injury, without which the result would not have occurred
ART. 6: CONSUMMATED, FRUSTRATED, AND ATTEMPTED FELONIES STAGES OF EXECUTION: 1. CONSUMMATED when all the elements necessary for its execution and accomplishment are present 2. FRUSTRATED Elements: a. offender performs all acts of execution b. all these acts 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 3. ATTEMPTED Elements: a. offender commences the felony directly by overt acts b. does not perform all acts which would produce the felony c. his acts are not stopped by his own spontaneous desistance
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Crimes, which do not admit of Frustrated and Attempted Stages: 1. Offenses punishable by Special Penal Laws, unless the law provides otherwise 2. Formal crimes consummated in one instance (Ex: slander, adultery, etc.) 3. Impossible Crimes 4. Crimes consummated by mere attempt (Ex: attempt to flee to an enemy country, treason, corruption of minors) 5. Felonies by omission 6. Crimes committed by mere agreement (Ex: betting in sports: ending, corruption of public officers) Crimes which do not admit of Frustrated Stage: 1. Rape 2. Bribery 3. Corruption of Public Officers 4. Adultery 5. Physical Injury 2 stages in the development of a crime: 1. Internal acts - e.g. mere ideas QuickTime of the mind and a TIFF (Uncompressed) decompressor - not punishable are needed to see this picture. 2. External acts a. Preparatory acts - ordinarily not punishable except when considered by law as independent crimes (e.g. Art. 304, Possession of picklocks and similar tools) b. Acts of Execution - punishable under the RPC
ART. 8: CONSPIRACY AND PROPOSAL TO COMMIT FELONY CONSPIRACY Requisites: 1. Two or more persons come to an agreement 2. For the commission of a felony 3. And they decide to commit it Concepts of Conspiracy: 1. As a crime in itself Ex: conspiracy to commit rebellion, insurrection, treason, sedition, coup d etat 2. Merely as a means to commit a crime Requisites: a. a prior and express agreement b. participants acted in concert or simultaneously, which is indicative of a meeting of the minds towards a common criminal objective Note: Conspiracy to commit a felony is different from conspiracy as a manner of incurring criminal liability. General Rule: Conspiracy to commit a felony is not punishable since it is merely a preparatory act. Exception: when the law specifically provides for a penalty Ex: rebellion, insurrection, sedition, coup d etat General Rule: The act of one is the act of all. Exception: Unless one or some of the conspirators committed some other crime which is not part of the intended crime.
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ART. 10: OFFENSES NOT SUBJECT TO THE PROVISIONS OF THIS CODE General Rule: RPC provisions are supplementary to special laws. Exceptions: 1. when special law provides otherwise 2. when provision of RPC are impossible of application, either by express provision or by necessary implication Special Laws imprisonment RPC prision correccional, prision mayor, arresto mayor, etc. Punishable
PROPOSAL TO COMMIT A FELONY Requisites: 1. A person has decided to commit a felony 2. And proposes its execution to some other person or persons
Terms
Elements
Conspiracy Proposal Agreement to person decides to commit AND commit a crime AND proposes the commission same to another Conspiracy to commit: sedition, treason, rebellion, coup d etat Proposal to commit: treason, rebellion, coup d etat *no proposal to commit sedition
Attempted or Frustrated Stages Plea of guilty as mitigating circumstance Minimum, medium and maximum periods Penalty for accessory or accomplice
Yes
Crimes
Not applicable
Yes
Yes
Provisions of RPC applicable to special laws: Art. 16 Participation of Accomplices Art. 22 Retroactivity of Penal laws if favorable to the accused Art. 45 Confiscation of instruments used in the crime Note: When the special law adopts the penalties imposed in the RPC i.e. penalties as reclusion perpetua, prision correccional, etc. the provisions of the RPC on imposition of penalties based on stages of execution, degree of participation and attendance of mitigating and aggravating circumstance may be applied by necessary implication.
1. To determine whether the felonies can be complexed or not. 2. To determine the prescription of the crime and of the penalty. Penalties (imprisonment): 1. Grave felonies afflictive penalties: 6 yrs. and 1 day to reclusion perpetua (life) 2. Less grave felonies correctional penalties:
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Chapter Two JUSTIFYING CIRCUMSTANCES AND CIRCUMSTANCES, WHICH EXEMPT FROM CRIMINAL LIABILITY
ART. 11. JUSTIFYING CIRCUMSTANCES JUSTIFYING CIRCUMSTANCES where the act of a person is in accordance with law such that said person is deemed not to have violated the law. General Rule: No criminal and civil liability incurred. Exception: There is civil liability with respect to par. 4 where the liability is borne by persons benefited by the act.
Par. 1 Self-defense Elements: 1. Unlawful Aggression indispensable requirement There must be actual physical assault or aggression or an immediate and imminent threat, which must be offensive and positively strong. The defense must have been made during the existence of aggression, otherwise, it is no longer justifying. While generally an agreement to fight does not constitute unlawful aggression, violation of the terms of the agreement to fight is considered an exception. 2. Reasonable necessity of the employed to prevent or repel it means
3. self-defense in libel justified when the libel is aimed at a persons good name. Stand ground when in the right - the law does not require a person to retreat when his assailant is rapidly advancing upon him with a deadly weapon. NOTE: Under Republic Act 9262 (Anti-Violence Against Women and Their Children Act of 2004), victim-survivors who are found by the Courts to be suffering from Battered Woman Syndrome (BWS) do not incur any criminal or civil liability despite absence of the necessary elements for the justifying circumstance of self-defense in the RPC. BWS is a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse.
Test of reasonableness depends on: (1) weapon used by aggressor (2) physical condition, character, size QuickTime and a and other circumstances of TIFF (Uncompressed) decompressor are needed to see this picture. aggressor (3) physical condition, character, size and circumstances of person defending himself (4) place and occasion of assault 3. Lack of sufficient provocation on the part of the person defending himself NOTE: Perfect equality between the weapons used,
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NOTE: The accused must prove that he was duly appointed to the position claimed he was discharging at the time of the commission of the offense. It must also be shown that the offense committed was the necessary consequence of such fulfillment of duty, or lawful exercise of a right or office. Par. 6 Obedience to a Superior Order Elements: 1. an order has been issued 2. order has a lawful purpose (not patently illegal) 3. means used by subordinate to carry out said order is lawful NOTE: The superior officer giving the order cannot invoke this justifying circumstance. Good faith is material, as the subordinate is not liable for carrying out an illegal order if he is not aware of its illegality and he is not negligent. General Rule: Subordinate cannot invoke this circumstance when order is patently illegal. Exception: When there is compulsion of an irresistible force, or under impulse of uncontrollable fear.
ART. 12: CIRCUMSTANCES, WHICH EXEMPT FROM CRIMINAL LIABILITY EXEMPTING CIRCUMSTANCES grounds for exemption from punishment because there is wanting in the agent of the crime any of the conditions which make the act voluntary or negligent. Basis: The exemption from punishment is based on the complete absence of intelligence, freedom of action, or intent, or on the absence of negligence on the part of the accused. Burden of proof: Any of the circumstances is a matter of defense and must be proved by the defendant to the satisfaction of the court.
Justifying Act
Exempting Actor
Par. 1 Imbecility or Insanity IMBECILE one while advanced in age has a mental development comparable to that of children between 2 and 7 years old. He is exempt in all cases from criminal liability. INSANE one who acts with complete deprivation of intelligence/reason or without the least discernment or with total deprivation of freedom of will. Mere abnormality of the mental faculties will not exclude imputability. General Rule: Exempt from criminal liability Exception: The act was done during a lucid interval. NOTE: 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.
Par. 2 Under Nine Years of Age Requisite: Offender is under 9 years of age at the time of the commission of the crime. There is absolute criminal irresponsibility in the case of a minor under 9 years of age. NOTE: Under R.A. 9344 or the Juvenile Justice And Welfare Act a minor 15 years and below is exempt from criminal liability Par. 3 Person Over 9 and Under 15 Acting QuickTime and a TIFF (Uncompressed) decompressor Without Discernment are needed to see this picture. NOTE: Such minor must have acted without discernment to be exempt. If with discernment, he is criminally liable. Presumption: The minor committed the crime without discernment. DISCERNMENT mental capacity to fully appreciate
Par. 6 Uncontrollable Fear UNCONTROLLABLE FEAR offender employs intimidation or threat in compelling another to commit a crime. DURESS use of violence or physical force Elements: 1. The threat which causes the fear is of an evil greater than, or at least equal to, that which he is required to commit. 2. It promises an evil of such gravity and imminence that an ordinary man would have succumbed to it. NOTE: Duress to be a valid defense should be based on real, imminent or reasonable fear for ones life or limb. It should not be inspired by speculative, fanciful or remote fear. A threat of future injury is not enough.
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ACTUS ME INVITO FACTUS NON EST MEUS ACTUS Any act done by me against my will is not my act. PAR 7. Insuperable Cause INSUPERABLE CAUSE some motive, which has lawfully, morally or physically prevented a person to do what the law commands Elements: 1. An act is required by law to be done. 2. A person fails to perform such act. 3. His failure to perform such act was due to some lawful or insuperable cause. Ex: 1. A priest cant be compelled to reveal what was confessed to him. 2. No available transportation officer not liable for arbitrary detention 3. Mother who was overcome by severe dizziness and extreme debility, leaving child to die not liable for infanticide (People v. Bandian, 63 Phil 530) ABSOLUTORY CAUSES where the act committed is a crime but for some reason of public policy and sentiment, there is no penalty imposed. Exempting and justifying circumstances are absolutory causes. Examples of such other circumstances are: 1. spontaneous desistance (Art. 6) 2. accessories exempt from criminal liability (Art. 20) 3. Death or physical injuries inflicted under exceptional circumstances (Art. 247) 4. persons exempt from criminal liability from theft, swindling, malicious mischief (Art 332) 5. instigation NOTE: Entrapment is NOT an absolutory cause. A buy-bust operation conducted in connection with illegal drug-related offenses is a form of entrapment. Entrapment
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Kinds (Sources)
Effect of imposing the penalty by 1 or 2 degrees lower than that provided by law Minority, Incomplete Self-defense, two or more mitigating circumstance without any aggravating circumstance (has the effect of lowering the penalty by one degree). Art. 64, 68 and 69
Ordinary Mitigating Can be offset by a generic aggravating circumstance If not offset, has the effect of imposing the minimum period of the penalty Those circumstances enumerated in paragraph 1 to 10 of Article 13
Age 15years
Instigation
The ways and means are resorted to for the purpose of trapping and capturing the lawbreaker in the execution of his criminal plan.
Instigator practically induces the would-be accused into the commission of the offense and himself becomes a co-principal
Criminal Responsibility/ Effect Absolute irresponsibility, exempting circumstance * as amended by RA 9344 15 < and < Conditional responsibility 18 Without discernment not criminally liable With discernment criminally liable * as amended by RA 9344 Minor Sentence is suspended delinquent 18 and 70 Full responsibility
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ART. 13: MITIGATING CIRCUMSTANCES MITIGATING CIRCUMSTANCES those which if present in the commission of the crime reduces the penalty of the crime but does not erase criminal liability nor change the nature of the crime NOTE: A mitigating circumstance arising from a single fact absorbs all the other mitigating circumstances arising from that same fact. Par. 1 Incomplete Justifying or Exempting Circumstances NOTE: This applies when not all the requisites are present. If two requisites are present, it is considered a privileged mitigating circumstance. However, in reference to Art.11(4) if any of the last two requisites is absent, there is only an ordinary mitigating circumstance. Remember though, that in selfdefense, defense of relative or stranger, unlawful aggression must always be present as it is an indispensable requirement. Par. 2 Under 18 or Over 70 Years Old NOTE: Age of accused is determined by his age at the date of commission of crime, not date of trial. Par. 3 No Intention to Commit so Grave a Wrong
QuickTime and a the proven facts NOTE: Can be used only when TIFF (Uncompressed) decompressor are needed toand see this picture. show that there is a notable evident disproportion between the means employed to execute the criminal act and its consequences.
Requisites: 1. provocation must be sufficient 2. it must originate from the offended party 3. must be immediate to the commission of the crime by the person who is provoked NOTE: Threat should not be offensive and positively strong. Otherwise, it would be an unlawful aggression, which may give rise to self-defense and thus no longer a mitigating circumstance.
Factors that can be considered are: 1. weapon used 2. injury inflicted 3. part of the body injured 4. mindset of offender at the time of commission of crime
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Same
Par. 7 Surrender and Confession of Guilt Par. 6 Passion or Obfuscation Requisites: 1. offender acted upon an impulse 2. the impulse must be so powerful that it naturally produced passion or obfuscation in him NOTE: Act must have been committed not in the spirit of lawlessness or revenge; act must come from lawful sentiments. Act, Which Gave Rise To Passion And Obfuscation: 1. That there be an act, both unlawful and unjust 2. The act be sufficient to produce a condition of mind 3. That the act was proximate to the criminal act, not admitting of time during which the perpetrator might recover his normal equanimity 4. The victim must be the one who caused the passion or obfuscation
TIFFobfuscation (Uncompressed) decompressor NOTE: Passion and cannot co-exist with are needed to see this picture. treachery since this means that the offender had time to ponder his course of action. QuickTime and a
Requisites:
VOLUNTARY SURRENDER 1. offender not actually arrested 2. offender surrendered to person in authority 3. surrender was voluntary
VOLUNTARY PLEA OF GUILT 1. offender spontaneously confessed his guilt 2. confession was made in open court, that is, before the competent court that is to try the case 3. confession of guilt was made prior to the presentation of the evidence for the prosecution
PASSION & OBFUSCATION Mitigating No physical force needed From the offender himself
WHEN SURRENDER VOLUNTARY - must be spontaneous, showing the intent of the accused to submit himself unconditionally to the authorities, either because: 1. he acknowledges his guilt; or 2. he wishes to save them the trouble and expense necessarily incurred in his search and capture. NOTE: If both are present, considered as two independent mitigating circumstances. Further mitigates penalty.
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CHAPTER FOUR
AGGRAVATING CIRCUMSTANCES Those which, if attendant in the commission of the crime, serve to have the penalty imposed in its maximum period provided by law for the offense or those that change the nature of the crime. BASIS: The greater perversity of the offender manifested in the commission of the felony as shown by: 1. the motivating power itself, 2. the place of the commission, 3. the means and ways employed 4. the time, or 5. the personal circumstances of the offender, or the offended party.
Examples Not examples defendant who is 60 years old killing the wrong with failing eyesight is similar to a person case of one over 70 yrs old
QuickTime and a outraged feeling of TIFF owner of not resisting arrest is (Uncompressed) decompressor are needed to see this picture. animal taken for ransom is not the same as analogous to vindication of grave voluntary surrender offense
KINDS OF AGGRAVATING CIRCUMSTANCES: 1. Generic - those which apply to all crimes 2. Specific - those which apply only to specific crimes, 3. Qualifying - those that change the nature of the crime 4. Inherent - which of necessity accompany the commission of the crime, therefore not considered in increasing the penalty to be imposed 5. Special - those which arise under special conditions to increase the penalty of the offense and cannot be offset by mitigating circumstances GENERIC AGGRAVATING CIRCUMSTANCE EFFECT : When not set off by any mitigating circumstance, Increases the penalty which should be imposed upon the accused to the QUALIFYING AGGRAVATING CIRCUMSTANCE EFFECT: Gives the crime its proper and exclusive name and places the author of the crime in such a situation as to deserve no other
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impulse of jealous feeling, similar to passion and obfuscation voluntary restitution of property, similar to voluntary surrender
If not alleged in the information, a qualifying aggravating circumstance will be considered generic May be offset by a mitigating circumstance.
RULES ON AGGRAVATING CIRCUMSTANCES: 1. Aggravating circumstances shall NOT be appreciated if: a) They constitute a crime specially punishable by law, or b) It is included by the law in defining a crime with a penalty prescribed, and therefore shall not be taken into account for the purpose of increasing the penalty. Ex: That the crime be committed by means of fire,explosion (Art. 14, par. 12) is in itself a crime of arson (Art. 321) or a crime involving destruction (Art. 324). It is not to be considered to increase the penalty for the crime of arson or for the crime involving destruction. 2. The same rule shall apply with respect to any aggravating circumstance inherent in the crime to such a degree that it must of necessity accompany the commission thereof(Art.62, par.2) 3. Aggravating circumstances which arise: a) From the moral attributes of the offender; b) From his private relations with the offended party; or c) From any personal cause, shall only serve to aggravate the liability of the principals, accomplices and accessories as to whom such circumstances are attendant. (Art. QuickTime and a TIFF (Uncompressed) decompressor 62, par. 3) are needed to see this picture. 4. The circumstances which consist : a) In the material execution of the act, or b) In the means employed to accomplish it, shall serve to aggravate the liability of only those persons who had knowledge of them at the time of the execution of the act or their cooperation therein. Except when there is proof of conspiracy in which case the act of one is deemed to be the
Par. 1. That advantage be taken by the offender of his public position Requisites: 1. Offender is public officer 2. Public officer must use the influence, prestige, or ascendancy which his office gives him as means to realize criminal purpose It is not considered as an aggravating circumstance where taking advantage of official position is made by law an integral element of the crime or inherent in the offense, Ex: malversation (Art. 217), falsification of a document committed by public officers (Art. 171). When the public officer did not take advantage of the influence of his position, this aggravating circumstance is not present NOTE : Taking advantage of a public position is also inherent in the case of accessories under Art. 19, par. 3 (harboring, concealing, or assisting in the escape of the principal of the crime), and in crimes committed by public officers (Arts. 204245).
Par. 2. That the crime be committed in contempt of or with insult to public authorities Requisites: 1. That the public authority is engaged in the exercise of his functions. 2. That he who is thus engaged in the exercise of said functions is not the person against whom the crime is committed.
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AGENT subordinate public officer charged w/ the maintenance of public order and protection and security of life and property Ex: barrio vice lieutenant, barrio councilman Par. 3. That the act be committed: (1) with insult or in disregard of the respect due the offended party on account of his (a)rank, (b) age, or (c) sex or (2) that it be committed in the dwelling of the offended party, if the latter has not given provocation Rules regarding par 3(1): 1. These circumstances shall only be QuickTime and a TIFF (Uncompressed) decompressor circumstance. considered as one aggravating are needed to see this picture. 2. Rank, age, sex may be taken into account only in crimes against persons or honor, they cannot be invoked in crimes against property. 3. It must be shown that in the commission of the crime the offender deliberately intended to offend or insult the sex, age and rank of the offended party. RANK The designation or title of distinction used to fix the relative position of the offended party in
5. The victim is not a dweller of the house. Par. 4. That the act be committed with: (1) abuse of confidence or (2) obvious ungratefulness There are two aggravating circumstances present under par.4 which must be independently appreciated if present in the same case While one may be related to the other in the factual situation in the case, they cannot be lumped together. Abuse of confidence requires a special confidential relationship between the offender and the victim, while this is not required for there to be obvious ungratefulness Requisites Of Abuse Of Confidence: 1. That the offended party had trusted the offender. 2. That the offender abused such trust by committing a crime against the offended party. 3. That the abuse of confidence facilitated the commission of the crime. NOTE: Abuse of confidence is inherent in malversation (Art. 217), qualified theft (Art. 310), estafa by conversion or misappropriation (Art. 315), and qualified seduction (Art. 337). Requisites of obvious ungratefulness: 1. That the offended party had trusted the offender; 2. That the offender abused such trust by committing a crime against the offended party. 3. That the act be committed with obvious ungratefulness. NOTE: The ungratefulness contemplated by par. 4 must be such clear and manifest ingratitude on the part of the accused. Par. 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. Actual performance of duties is not necessary when crime is committed in the palace or in the presence of the Chief Executive
are needed to see this picture. 3. In the crime of trespass to dwelling, it is inherent or included by law in defining the crime.
4. When the owner of the dwelling gave sufficient and immediate provocation. There must exist a close relation between the provocation made by the victim and the commission of the crime by the accused.
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Par. 6. That the crime be committed (1) in the nighttime, or (2) in an uninhabited place, or (3) by a band, whenever such circumstance may facilitate the commission of the offense NOTE: When present in the same case and their element are distinctly palpable and can subsist independently, they shall be considered separately. When nighttime, uninhabited place or band aggravating: 1. When it facilitated the commission of the crime; or 2. When especially sought for by the offender to insure the commission of the crime or for the purpose of impunity; or 3. When the offender took advantage thereof for the purpose of impunity
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GENERAL RULE: Nighttime is absorbed in treachery. EXCEPTION: Where both the treacherous mode of attack and nocturnity were deliberately decided upon in the same case, they can be considered separately if such circumstances have different factual bases. Thus: In People vs. Berdida, et. al. (June 30, 1966), nighttime was considered since it was purposely sought, and treachery was further appreciated because the victims hands and arms were tied together before he was beaten up by the accused. In People vs. Ong, et. al. (Jan. 30, 1975), there was treachery as the victim was stabbed while lying face up and defenseless, and nighttime was considered upon proof that it facilitated the commission of the offense and was taken advantage of by the accused. UNINHABITED PLACE (despoblado) one where there are no houses at all, a place at a considerable distance from town, where the houses are scattered at a great distance from each other Solitude must be sought to better attain the criminal purpose What should be considered here is whether in the place of the commission of the offense, there was a reasonable possibility of the victim receiving some help.
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Par. 7. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic or other calamity or misfortune. Requisites: 1. The crime was committed when there was a calamity or misfortune 2. The offender took advantage of the state of confusion or chaotic condition from such misfortune If the offended was PROVOKED by the offended party during the calamity/misfortune, this aggravating circumstance may not be taken into consideration.
As to their number Requires more than three At least two armed malefactors (i.e., at least four) As to their action Requires that more than This circumstance is three armed malefactors present even if one of the shall have acted together offenders merely relied on in the commission of an their aid, for actual aid is offense. not necessary. If there are four armed men, aid of armed men is absorbed in employment of a band. If there are three armed men or less, aid of armed men may be the aggravating circumstance. Aid of armed men includes armed women.
Par. 8.That the crime be committed with the aid of (1) armed men or (2) persons who insure or afford impunity Requisites: 1. That armed men or persons took part in the commission of the crime, directly or indirectly. 2. That the accused availed himself of their aid or relied upon them when the crime was QuickTime and a TIFF (Uncompressed) decompressor committed.
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Par. 9. That the accused is a recidivist RECIDIVIST 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 RPC. Requisites: 1. That the offender is on trial for an offense; 2. That he was previously convicted by final judgment of another crime; 3. That both the first and the second offenses are embraced in the same title of the Code; 4. That the offender is convicted of the new offense. MEANING OF at the time of his trial for one crime. It is employed in its general sense, including the rendering of the judgment. It is meant to include everything that is done in the course of the trial, from
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NOTE: This aggravating circumstance requires that the armed men are accomplices who take part in a minor capacity directly or indirectly, and not when they were merely present at the crime scene. Neither should they constitute a band, for then the proper aggravating circumstance would be cuadrilla. When This Aggravating Circumstance Shall Not Be Considered:
GENERAL RULE: To prove recidivism, it is necessary to allege the same in the information and to attach thereto certified copy of the sentences rendered against the accused. Exception: If the accused does not object and when he admits in his confession and on the witness stand. Recidivism must be taken into account no matter how many years have intervened between the first and second felonies. Amnesty extinguishes the penalty and its effects. However, pardon does not obliterate the fact that the accused was a recidivist. Thus, even if the accused was granted a pardon for the first offense but he commits another felony embraced in the same title of the Code, the first conviction is still counted to make him a recidivist Being an ordinary aggravating circumstance, recidivism affects only the periods of a penalty, except in prostitution and vagrancy (Art. 202) and gambling (PD 1602) wherein recidivism increases the penalties by degrees. No other generic aggravating circumstance produces this effect In recidivism it is sufficient that the succeeding offense be committed after the commission of the preceding offense provided that at the time of his trial for the second offense, the accused had already been convicted of the first offense. If both offenses were committed on the same date, they shall be considered as only one, hence, they cannot be separately counted in order to constitute recidivism. Also, judgments of convicted handed down on the same day shall be considered as only one conviction. REASON: Because the Code requires that to be QuickTime and a (Uncompressed) decompressor at the time of considered as TIFF separate convictions, are needed to see this picture. his trial for one crime the accused shall have been previously convicted by final judgment of the other.
Par. 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.
Par. 11. That the crime be committed in consideration of price, reward or promise. Requisites: 1. There are at least 2 principals: The principal by inducement (one who offers) The principal by direct participation (accepts) 2. The price, reward, or promise should be previous to and in consideration of the commission of the criminal act NOTE: The circumstance is applicable to both principals .It affects the person who received the price / reward as well as the person who gave it. If without previous promise it was given voluntarily after the crime had been committed as an expression of his appreciation for the sympathy and aid shown by the other accused, it should not be taken into consideration for the purpose of increasing the penalty. The price, reward or promise need not consist of or refer to material things or that the same were actually delivered, it being sufficient that the offer made by the principal by inducement be accepted by the principal by direct participation before the commission of the offense. The inducement must be the primary consideration for the commission of the crime.
Par. 13. That the act be committed with evident premeditation Requisites: The prosecution must prove 1. The time when the offender determined to commit the crime; 2. An act manifestly indicating that the culprit has clung to his determination; and 3. A sufficient lapse of time between the determination and execution, to allow him to reflect upon the consequences of his act and to allow his conscience to overcome the resolution of his will. Essence of premeditation: The execution of the criminal act must be preceded by cool thought and reflection upon the resolution to carry out the criminal intent during the space of time sufficient to arrive at a calm judgment. To establish evident premeditation, it must be shown that there was a period sufficient to afford full opportunity for meditation and reflection, a time adequate to allow the conscience to overcome the resolution of the will, as well as outward acts showing the intent to kill. It must be shown that the offender had sufficient time to reflect upon the consequences of his act but still persisted in his determination to commit the crime. (PEOPLE vs. SILVA, et. al., GR No. 140871, August 8, 2002) Premeditation is absorbed by reward or promise. When the victim is different from that intended, premeditation is not aggravating. However, if the
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Par. 12. That the crime be committed by means of QuickTime and a TIFF poison, (Uncompressed) decompressor inundation, fire, explosion, stranding are needed to see this picture. of a vessel or intentional damage thereto, derailment of a locomotive, or by use of any artifice involving great waste and ruin The circumstances under this paragraph will only be considered as aggravating if and when they are used by the offender as a means to accomplish a criminal purpose
Par. 15. That (1) advantage be taken of superior strength, or (2) means be employed to weaken the defense. Par. 15 contemplates two aggravating circumstances, either of which qualifies a killing to murder. MEANING OF advantage be taken: To deliberately use excessive force that is out of proportion to the means for self-defense available to the person attacked. (PEOPLE vs. LOBRIGAS, et. al., GR No. 147649, December 17, 2002) No Advantage Of Superior Strength In The Following: 1. One who attacks another with passion and obfuscation does not take advantage of his superior strength. 2. When a quarrel arose unexpectedly and the fatal blow was struck at a time when the aggressor and his victim were engaged against each other as man to man. TEST for abuse of superior strength: the relative strength of the offender and his victim and whether or not he took advantage of his greater strength. When there are several offenders participating in the crime, they must ALL be principals by direct participation and their attack against the victim must be concerted and intended to be so. Abuse of superior strength is inherent in the crime of parricide where the husband kills the wife. It is generally accepted that the husband is physically stronger than the wife. Abuse of superior strength is also present when the offender uses a weapon which is out of proportion to the defense available to the offended party.
FRAUD Where there is a direct inducement by insidious words or machinations, fraud is present.
CRAFT The act of the accused done in order not to arouse the suspicion of the victim constitutes craft.
Craft and fraud may be absorbed in treachery if they have been deliberately adopted as the means, methods or forms for the treacherous strategy, or they may co-exist independently where they are adopted for a different purpose in the commission of the crime. Ex: In People vs. San Pedro (Jan. 22, 1980), where the accused pretended to hire the driver in order to get his vehicle, it was held that there was craft directed to the theft of the QuickTime and a vehicle, separate from the means TIFF (Uncompressed) decompressor are used needed to see picture. subsequently to this treacherously kill the defenseless driver. In People vs. Masilang (July 11, 1986) there was also craft where after hitching a ride, the accused requested the driver to take them to a place to visit somebody, when in fact they had already planned to kill the driver.
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The element of band is appreciated when the offense is committed by more than three armed malefactors regardless of the comparative strength of the victim or victims.
WHEN MUST TREACHERY BE PRESENT: 1. When the aggression is continuous, treachery must be present in the beginning of the assault. (PEOPLE vs. MANALAD, GR No. 128593, August 14, 2002) Thus, even if the deceased was shot while he was lying wounded on the ground, it appearing that the firing of the shot was a mere continuation of the assault in which the deceased was
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Means, methods or forms are employed by the offender to make it impossible or hard for the offended party to put any sort of resistance
Par. 17. That means be employed or circumstances brought about which add ignominy to the natural effects of the act IGNOMINY is a circumstance pertaining to the moral order, which adds disgrace and obloquy to the material injury caused by the crime. MEANING OF which add ignominy to the natural effects thereof The means employed or the circumstances brought about must tend to make the effects of the crime more humiliating to victim or to put the offended party to shame, or add to his moral suffering. Thus it is incorrect to appreciate ignominy where the victim was already dead when his body was dismembered, for such act may not be considered to have added to the victims moral suffering or humiliation. (People vs. Carmina, G.R. No. 81404, January 28, 1991) Applicable to crimes against chastity, less serious physical injuries, light or grave coercion, and murder.
Treachery Should Be Considered Even If: 1. The victim was not predetermined but there was a generic intent to treacherously kill any first two persons belonging to a class. (The same rule obtains for evident premeditation). 2. There was aberratio ictus and the bullet hit a person different from that intended. (The rule is different in evident premeditation). 3. There was error in personae, hence the victim was not the one intended by the accused. (A different rule is applied in evident premeditation). REASON FOR THE RULE: When there is treachery, it is impossible for either the intended victim or the actual victim to defend himself against the aggression. TREACHERY ABSORBS: 1. Craft 2. Abuse of superior strength 3. Employing means to weaken the defense QuickTime and a TIFF (Uncompressed) decompressor 4. Cuadrilla (band) are needed to see this picture. 5. Aid of armed men 6. Nighttime
Par. 18. That the crime be committed after an unlawful entry. UNLAWFUL ENTRY - when an entrance is effected by a way not intended for the purpose. NOTE: Unlawful entry must be a means to effect entrance and not for escape. REASON FOR AGGRAVATION: One who acts, not respecting the walls erected by men to guard their property and provide for their personal safety, shows a greater perversity, a greater audacity; hence, the law punishes him with more severity.
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Applicable only if such acts were done by the offender to effect ENTRANCE. If the wall, etc., is broken in order to get out of the place, it is not an aggravating circumstance. It is NOT necessary that the offender should have entered the building Therefore, If the offender broke a window to enable himself to reach a purse with money on the table near that window, which he took while his body was outside of the building, the crime of theft was attended by this aggravating circumstance. PAR. 18 Presupposes that there is no such breaking as by entry through the window.
MEANING OF or other similar means Should be understood as referring to motorized vehicles or other efficient means of transportation similar to automobile or airplane.
PAR. 19 It involves the breaking (rompimiento) of the enumerated parts of the house.
Par. 21. That the wrong done in the commission of the crime be deliberately augmented by causing other wrong not necessary for its commission CRUELTY there is cruelty when the culprit enjoys and delights in making his victim suffer slowly and gradually, causing unnecessary physical pain in the consummation of the criminal act. Requisites: 1. That the injury caused be deliberately increased by causing other wrong; 2. That the other wrong be unnecessary for the execution of the purpose of the offender. Cruelty is not inherent in crimes against persons. In order for it to be appreciated, there must be positive proof that the wounds found on the body of the victim were inflicted while he was still alive in order unnecessarily to prolong physical suffering. Cruelty cannot be presumed If the victim was already dead when the acts of mutilation were being performed, this would also qualify the killing to murder due to outraging of his corpse. CRUELTY (PAR. 21) Refers to PHYSICAL suffering
NOTE: Breaking in is lawful in the following instances: 1. An officer, in order to make an arrest, may break open a door or window of any building in which the person to be arrested is or is reasonably believed to be; 2. An officer, if refused admittance, may break open any door or window to execute the search warrant or liberate himself, 3. Replevin, Section 4, Rule 60 of the Rules of Court Par. 20. That the crime be committed (1) with the aid of persons under fifteen (15) years of age, or (2) by means of motor vehicles, airships, or other similar means.
QuickTime and a TWO DIFFERENT CIRCUMSTANCES GROUPED TIFF (Uncompressed) decompressor are needed to see this picture. IN THIS PARAGRAPH: 1. With the aid of persons under fifteen years of age: Intends to repress, so far as possible, the frequent practice resorted to by professional criminals to avail themselves of minors taking advantage of their irresponsibility. 2. By means of motor vehicles, airships, or other similar means:
Unlike mitigating circumstances (par. 10, Art. 13), there is NO provision for aggravating circumstances of a similar or analogous character.
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ALTERNATIVE CIRCUMSTANCES Those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and the other conditions attending its commission.
ART.15 Concept of Alternative Circumstances BASIS: The nature and effects of the crime and the other conditions attending its commission. THE ALTERNATIVE CIRCUMSTANCES ARE: 1. Relationship; 2. Intoxication; and 3. Degree of instruction and education of the offender. RELATIONSHIP The alternative circumstance of relationship shall be taken into consideration when the offended party is the 1. Spouse, 2. Ascendant, 3. Descendant, 4. Legitimate, natural, or adopted brother or sister, or 5. Relative by affinity in the same degree of the offender. Other Relatives Included (By Analogy): 1. The relationship of stepfather or stepmother and stepson or stepdaughter. REASON: It is the duty of the stepparents QuickTime to bestow upon their and a TIFF (Uncompressed) decompressor stepchildren a mothers/fathers affection, are needed to see this picture. care and protection. 2. The relationship of adopted parent and adopted child. NOTE: But the relationship of uncle and niece is not covered by any of the relationship mentioned.
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ART.16.WHO ARE CRIMINALLY LIABLE Note that accessories are not liable for light felonies. REASON: In the commission of light felonies, the social wrong as well as the individual prejudice is so small that penal sanction is unnecessary. The classification of the offenders as principal, accomplice or an accessory is essential under the RPC. The classification maybe applied to special laws only if the latter provides for the same graduated penalties as those provided under the RPC.
There Are Two Parties In All Crimes: 1. Active subject (the criminal) Art. 16 enumerates the active subjects of the crime. 2. Passive subject (the injured party) Is the holder of the injured right: the man, the juristic person, the group, and the State. Note: Only natural persons can be the active subject of crime because of the highly personal nature of the criminal responsibility. However, corporation and partnership can be a passive subject of a crime. GENERALLY: Corpses and animals cannot be passive subjects because they have no rights that may be injured. EXCEPTION: Under Art. 253, the crime of defamation may be committed if the imputation tends to blacken the memory of one who is dead. This article applies only when the offenders are to be judged by their individual, and not collective, liability.
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NOTES: Conspirator is not liable for the crimes of the others which are not the object of the conspiracy nor are logical or necessary consequences thereof Regarding multiple rape each rapist is liable for anothers crime because each cooperated in the commission of the rapes perpetrated by the others EXCEPTION: in the crime of murder w/ treachery all the offenders must at least know that there will be treachery in executing the crime or cooperate therein. No such thing as conspiracy to commit an offense through negligence. However, special laws may make one a co-principal. Conspiracy is negated by the acquittal of codefendant. Par. 2 Principals by induction Requisites: 1. That the inducement be made directly with the intention of procuring the commission of the crime; and 2. That such inducement be the determining cause of the commission of the crime by the material executor. One cannot be held guilty of having instigated the commission of the crime without first being shown that the crime was actually committed (or attempted) by another. Thus, there can be no principal by inducement (or by indispensable cooperation) unless there is a principal by direct participation. But there can be a principal by direct participation without a
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CONSPIRACY there is unity of purpose and intention. How conspiracy is established: QuickTime and a (Uncompressed) decompressor It is proven by TIFF overt acttoand beyond reasonable are needed see this picture. doubt Mere knowledge or approval is insufficient It is not necessary that there be formal agreement Conspiracy is implied when the accused had a common purpose and were united in execution. Unity of purpose and intention in the commission of the crime may be shown in the following cases:
Two Ways Of Becoming Principal By Induction: 1. By directly forcing another to commit a crime by : a) Using irresistible force. b) Causing uncontrollable fear. In these cases, there is no conspiracy, not even a unity of criminal purpose and intention. Only the one using the force or causing the fear is criminally liable. The material executor is not criminally liable because of Art. 12, pars. 5 and 6 (exempting circumstances) 2. By directly inducing another to commit a crime by a) Giving of price, or offering of reward or promise. The one giving the price or offering the reward or promise is a principal by inducement while the one committing the crime in consideration thereof is a principal by direct participation. There is collective criminal responsibility. b) Using words of command The person who used the words of command is a principal by inducement while the person who committed the crime because of the words of command is a principal by direct participation. There is also collective criminal responsibility. Requisites for words of command to be considered inducement: 1. Commander has the intention of procuring the commission of the crime 2. Commander has ascendancy or influence 3. Words used be so direct, so efficacious, so powerful 4. Command be uttered prior to the commission QuickTime and a 5. Executor had no personal reason TIFF (Uncompressed) decompressor
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PRINCIPAL BY INDUCEMENT
Effects Of Acquittal Of Principal By Direct Participation Upon Liability Of Principal By Inducement: 1. Conspiracy is negatived by the acquittal of codefendant. 2. One cannot be held guilty of having instigated the commission of a crime without first being shown that the crime has been actually committed by another. But if the one charged as principal by direct participation is acquitted because he acted without criminal intent or malice, his acquittal is not a ground for the acquittal of the principal by inducement. REASON FOR THE RULE: In exempting circumstances, such as when the act is not voluntary because of lack of intent on the part of the accused, there is a crime
NOTE: Words uttered in the heat of anger and in the nature of the command that had to be obeyed do not make one an inductor. The inducement must precede the act induced and must be so influential in producing the criminal act that without it, the act would not have been performed. Mere imprudent advice is not inducement.
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ART.19.ACCESSORIES Accessories are those who: 1. having knowledge of the commission of the crime, and 2. without having participated therein either as principals or accomplices, take part subsequent to its commission in any of the following acts: a. By profiting themselves or assisting the offender to profit by the effects of the crime.
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In the absence of any previous conspiracy, unity of criminal purpose and intention immediately before the commission of the crime, or community of criminal design, the criminal responsibility arising from different acts directed against one and the same person is considered as individual and not collective, and each of the participants is liable only for the act committed by him.
Two classes of accessories contemplated in par. 3 of art. 19 1. PUBLIC officers, who harbor, conceal or assist in the escape of the principal of any crime (not light felony) with abuse of his public functions.
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NOTES: Nephew and Niece not included Public officer contemplated in par. 3 of Art. 19 is exempt by reason of relationship to the principal, even if such public officer acted with abuse of his official functions. REASON: Ties of blood or relationship constitutes a more powerful incentive than the call of duty. P.D. 1829 penalizes the act of any person who knowingly or willfully obstructs, impedes, frustrates or delays the apprehension of suspects and the investigation and prosecution of criminal cases. The benefits of the exception in Art. 20 do not apply to PD 1829.
FENCING is an act, with intent to gain, of buying, selling, receiving, possessing, keeping, or in any other manner dealing in anything of value which a person knows or should have known to be derived from the proceeds of the crime of robbery or theft. FENCE is a person who commits the act of fencing. A fence who receives stolen property as aboveprovided is not an accessory but a principal in the crime defined in and punished by the Anti-Fencing Law. Mere possession of anything of value which has been the subject of robbery or theft shall be prima facie evidence of fencing.
Chapter One : PENALTIES IN GENERAL ART.20.ACCESSORIES WHO ARE EXEMPT FROM CRIMINAL LIABILITY BASIS: QuickTime and a TIFF (Uncompressed) decompressor The exemption provided for in this article is based on are needed to see this picture. the ties of blood and the preservation of the cleanliness of ones name, which compels one to conceal crimes committed by relatives so near as those mentioned in this article. AN ACCESSORY IS EXEMPT FROM CRIMINAL LIABLITY WHEN THE PRINCIPAL IS HIS : 1. spouse, or 2. ascendant, or PENALTY suffering inflicted by the State for the transgression of a law. Different Juridical Conditions Of Penalty: 1. Must be productive of suffering, without however affecting the integrity of the human personality. 2. Must be commensurate with the offense different crimes must be punished with different penalties.
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ART.22.RETROACTIVE EFFECT OF PENAL LAWS NOTE: According to Reyes, Art. 22 is NOT applicable to the provisions of the RPC. Its application to the RPC can only be invoked where some former or subsequent law is under consideration. GENERAL RULE: Penal laws are applied prospectively. EXCEPTION: When retrospective application will be favorable to the person guilty of a felony; Provided that: 1. The offender is NOT a habitual criminal (delinquent) under Art. 62(5); 2. The new or amendatory law does NOT provide against its retrospective application. The favorable retroactive effect of a new law may find the defendant in one of the 3 situations: 1. The crime has been committed and the prosecution begins 2. The sentence has been passed but service has not begun 3. The sentence is being carried out HABITUAL DELINQUENT - A person who, within a period of ten years from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa, or falsification, is found guilty of any said crimes a third time or oftener. EX POST FACTO LAW - An act which when committed was not a crime, cannot be made so by statute without violating the constitutional inhibition as to ex post facto laws. An ex post facto law is one which: 1. Makes criminal an act done before the passage of the law and which was innocent when done; 2. Aggravates a crime, or makes it greater than it was, when committed;
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Theories Justifying Penalty: 1. Prevention to prevent or suppress the danger to the State arising from the criminal act of the offender. 2. 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 an 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. Three-Fold Purpose Of Penalty Under The Code: 1. Retribution or expiation the penalty is commensurate with the gravity of the offense. 2. Correction or reformation shown by the rules which regulate the execution of the penalties QuickTime and a consisting in deprivation of liberty. TIFF (Uncompressed) decompressor to see this its picture. 3. Social defense are needed shown by inflexible severity to recidivists and habitual delinquents.
ART.21.PENALTIES THAT MAY BE IMPOSED RULE: A felony shall be punishable only by the penalty prescribed by law at the time of its commission. (Art. 21 simply announces the policy of the state as regards punishment of crimes)
ART.23.EFFECT OF PARDON BY THE OFFENDED PARTY GENERAL RULE: Pardon by the offended party does not extinguish the criminal liability of the offender. REASON: A crime committed is an offense against the State. Only the Chief Executive can pardon the offenders. EXCEPTION: Pardon by the offended party will bar criminal prosecution in the following crimes: Adultery and Concubinage (Art. 344, RPC) EXPRESS or IMPLIED pardon must be given by offended party to BOTH offenders. Pardon must be given PRIOR to institution of criminal action.
Seduction, Abduction, Acts of Lasciviousness (Art. 344, RPC) EXPRESS pardon given by offended party or her parents or grandparents or guardian Pardon must be given PRIOR to the institution of the criminal action. However, marriage between the offender and the offended party EVEN AFTER the institution of the criminal action or conviction of the offender will extinguish the criminal action or remit the penalty already imposed against the offender, his coprincipals, accomplices and accessories after the fact. The subsequent valid marriage between the offender and the offended party shall extinguish criminal liability or the penalty imposed. In case the legal husband is the offender, subsequent forgiveness by the wife as offended party shall also produce the same effect.
1. When the provisions of the former law are reenacted; or (Note: The right to QuickTime punish and offenses committed a TIFF (Uncompressed) decompressor under an old penal law is not extinguished if the are needed to see this picture. offenses are still punishable in the repealing penal law.) 2. When the repeal is by implication; or (Note: When a penal law, which impliedly repealed an old law, is itself repealed, the repeal of the repealing law revives the prior penal law, unless the language of the repealing statute provides otherwise. If the repeal is absolute, criminal liability is obliterated.)
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AN OFFENSE CAUSES TWO CLASSES OF INJURIES: SOCIAL INJURY Produced by the disturbance and alarm which are the outcome of the offense. PERSONAL INJURY Caused to the victim of the crime who suffered damage either to his person, to his property, to his honor or to her chastity. Is repaired indemnity. through
Is sought to be repaired through the imposition of the corresponding penalty. The offended party cannot pardon the offender so as to relieve him of the penalty.
The offended party may waive the indemnity and the State has no reason to insist in its payment.
ART.24.MEASURES OF PREVENTION OR SAFETY, WHICH ARE NOT CONSIDERED PENALTIES QuickTime and a
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The Following Shall Not Be Considered As Penalties: 1. The arrest and temporary detention of accused persons, as well 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 (now Art.
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ART. 26: WHEN AFFLICTIVE, CORRECTIONAL, OR LIGHT PENALTY Fines: 1. Afflictive over 6000 2. Correctional 201 to 6000 3. Light 200 and less NOTES: The classification applies if the fine is imposed as a single or alternative penalty. Hence, it does not apply if the fine is imposed together with another penalty. Fines are imposed either as alternative (Ex: Art 144 punishing disturbance of proceedings with arresto mayor or fine from 200 pesos to 1000 pesos) or single (Ex. fine of 200 to 6000 pesos) Penalty cannot be imposed in the alternative since it is the duty of the court to indicate the penalty imposed definitely and positively. Thus, the court cannot sentence the guilty person in a manner as such as to pay fine of 1000 pesos, or to suffer an imprisonment of 2 years, and to pay the costs. If the fine imposed by the law for the felony is exactly 200 pesos, it is a light felony. * People vs. Yu Hai (99 Phil. 725): Under Art. 9, where the fine in question is exactly P200, it is a light penalty, thus the offense is a light felony; whereas under Art. 26, it is a correctional penalty, hence the offense involved is a less grave felony. It that this discrepancy should be resolved liberally in favor of the accused, hence Art. 9 prevails over Art. 26. QuickTime and a
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Section One. Duration of Penalties Art. 27: RECLUSION PERPETUA 1. Reclusin perpetua 20 years and 1 day to 40 years 2. Reclusin temporal 12 years and 1 day to 20 years 3. Prisin mayor and temporary disqualification 6 years and 1 day to 12 years, except when disqualification is an accessory penalty, in which case its duration is that of the principal penalty 4. Prisin correccional, suspensin, and destierro 6 months and 1 day to 6 years, except when suspensin 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
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ART. 29: PERIOD OF PREVENTIVE IMPRISONMENT DEDUCTED FROM TERM OF IMPRISONMENT Instances when accused undergoes preventive suspension: 1. offense is non-bailable 2. bailable but cant furnish bail
Notes: The full time or 4/5 of the time during which the offenders have undergone preventive suspension shall be deducted from the penalty imposed: full time: if the detention prisoner agrees voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners four-fifths of the time: if the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted prisoners In the case of a youthful offender who has been proceeded against under the Child and Youth Welfare Code, he shall be credited in the service of his sentence with the full time of his actual detention, regardless if he agreed to abide by the same disciplinary rules of the institution or not. Offenders not entitled to be credited with the full time or four-fifths of the time of their preventive imprisonment: Recidivists or those convicted previously twice or more times of any crime. Those who, upon being summoned for the execution of their sentence, failed to surrender voluntarily (convicts who failed to voluntarily surrender to serve their penalties under a final judgment, not those who failed or refused to voluntarily surrender after the commission of the crime) Habitual Delinquents are not entitled to credit of time under preventive imprisonment since he is necessarily a recidivist or has been convicted previously twice or more times of
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ART. 31: EFFECT OF THE PENALTIES OF PERPETUAL OR TEMPORARY SPECIAL DISQUALIFICATION ART. 32: EFFECT OF THE PENALTIES OF PERPETUAL OR TEMPORARY SPECIAL DISQUALIFICATION FOR THE EXERCISE OF THE RIGHT OF SUFFRAGE NOTE: Temporary disqualification if imposed is an accessory penalty. Its duration is that of the principal penalty. Effects of Perpetual and Temporary Special Disqualification: 1. For public office, profession, or calling a. Deprivation of the office, employment, profession or calling affected b. Disqualification for holding similar offices or employment during the period of disqualification 2. For the exercise of the right of suffrage a. Deprivation of the right to vote or to be elected in an office b. Cannot hold any public office during the period of disqualification ART. 33: EFFECTS OF THE PENALTIES OF SUSPENSION FROM ANY PUBLIC OFFICE, PROFESSION OR CALLING, OR THE RIGHT OF SUFFRAGE Effects: 1. Disqualification from holding such office or the exercise of such profession or right of suffrage during the term of the sentence 2. Cannot hold another office having similar functions during the period of suspension
Section Two. Effects of the penaltiesaccording to their respective nature ART. 30: EFFECTS OF THE PENALTIES OF PERPETUAL OR TEMPORARY ABSOLUTE DISQUALIFICATION NOTES: The exclusion is a mere disqualification from protection, and not for punishment the withholding of a privilege, not a denial of a right. Perpetual absolute disqualification is effective during the lifetime of the convict and even after the service of the sentence. Temporary absolute disqualification is effective during the term of sentence and is removed after the service of the same. Exceptions: (1) deprivation of the public office or employment; (2) loss of all rights to retirement pay or other pension for any office QuickTime and a formerly held. TIFF (Uncompressed) decompressor are not needed to see this picture. or contemplated A plebiscite is mentioned in Art.30, par. 2 (deprivation of the right to vote), hence, the offender may vote in that exercise, subject to the provisions of pertinent election laws at the time. Effects of Perpetual and temporary absolute disqualification: 1. Deprivation of any public office or employment of offender
Crime covered
Cannot affect the civil liability ex delicto of the offender Only after conviction by final judgment Any or all of the accused May absolute conditional be or
Does not extinguish criminal liability although it may constitute a bar to the prosecution of the offender Offended party can waive the civil liability Only before the institution of the criminal action In adultery and concubinage, must include both offenders Cannot validly be made subject to a condition
QuickTime and a in general terms GENERAL RULE: Pardon granted TIFF (Uncompressed) decompressor are needed to see this picture. does not include accessory penalties. Exceptions: 1. if the absolute pardon is granted after the term of imprisonment has expired, it removes all that is left of the consequences of conviction. However, if the penalty is life imprisonment and after the service of 30 years, a pardon is granted, the pardon does not remove the accessory penalty of absolute perpetual disqualification
NOTE: Costs (expenses of the litigation) are chargeable to the accused in case of conviction. In case of acquittal, the costs are de oficio, each party bearing his own expense. No costs are allowed against the Republic of the Philippines, until law provides the contrary. The payment of costs is fully discretionary on the Court. ART. 38: PECUNIARY LIABILITIES; ORDER OF PAYMENT Pecuniary liabilities of persons criminally liable, in the following order: 1. The reparation of the damage caused 2. Indemnification of the consequential damages 3. Fine 4. Costs of proceedings NOTES: It is applicable in case the properties of the offender are not sufficient for the payment of all his pecuniary liabilities. Hence, if the offender has insufficient or no property, there is no use for Art 38. Order of payment is mandatory. Ex. Juan inflicted serious physical injuries against Pedro and took the latters watch and ring. He incurred P500 worth of hospital bills and failed to earn P300 worth of salary. Given that Juan only has P1000 worth of property not exempt from execution, it shall first be applied to the payment of the watch and ring which cannot be returned, as such is covered by reparation of the damage caused, thus, no. 1 in the order of payment. The 500 and 300 are covered by indemnification of the consequential damage, thus, no. 2 in the QuickTime and a order of payment. TIFF (Uncompressed) decompressor
are needed to see this picture.
RULES AS TO SUBSIDIARY PENALTY 1. If the penalty imposed is prisin correccional or arresto and fine subsidiary imprisonment is not to exceed 1/3 of the term of the sentence, and in no case to continue for more than one year. Fraction or part of a day, not counted. 2. When the penalty imposed is fine only subsidiary imprisonment is: not to exceed 6 months if the culprit is prosecuted for grave or less grave felony, and not to exceed 15 days if prosecuted for light felony. 3. When the penalty imposed is higher than prisin correccional no subsidiary imprisonment. 4. If the penalty imposed is not to be executed by confinement, but of fixed duration subsidiary penalty shall consist in the same deprivations as those of the principal penalty, under the same rules as nos. 1, 2 and 3 above. 5. In case the financial circumstances of the convict should improve, he shall pay the fine, notwithstanding the fact that the convict suffered subsidiary personal liability therefor. WHERE NO SUBSIDIARY PENALTY SHALL BE IMPOSED: 1. The penalty imposed is higher than prisin correccional or 6 years, 2. For non-payment of reparation or indemnification, 3. For non-payment of costs, and 4. Where the penalty imposed is a fine and another penalty without fixed duration, like
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ART. 39: SUBSIDIARY PENALTY NOTES: When the penalty prescribed is imprisonment, it is the penalty actually imposed by the Court, not the penalty provided for by the Code, which should be considered in determining whether or not
ART. 40: DEATH; ITS ACCESSORY PENALTIES ART. 41: RECLUSION PERPETUA AND RECLUSION TEMPORAL; THEIR ACCESSORY PENALTIES ART. 42: PRISION MAYOR; ITS ACCESSORY PENALTIES ART. 43: PRISION CORRECCIONAL; ITS ACCESSORY PENALTIES ART. 44: ARRESTO; ITS ACCESSORY PENALTIES Outline Of Accessory Penalties Inherent In Principal Penalties 1. Death, if not executed because of commutation or pardon a. perpetual absolute disqualification b. civil interdiction during 30 years (if not expressly remitted in the pardon) 2. Reclusion Perpetua and Reclusion Temporal a. civil interdiction for life or during the sentence b. perpetual absolute disqualification (unless expressly remitted in the pardon) 3. Prision Mayor a. temporary absolute disqualification b. perpetual special disqualification from suffage (unless expressly remitted in the pardon) 4. Prision Correccional a. suspension from public office, profession or calling b. perpetual special disqualification QuickTime and a TIFF (Uncompressed) from suffrage decompressor if the duration of the are needed to see this picture. imprisonment exceeds 18 months (unless expressly remitted in the pardon) NOTES: The accessory penalties in Art 40-44 must be suffered by the offender, although pardoned as to the principal penalties. To be relieved of these penalties, they must be expressly remitted in the pardon.
ART. 45: CONFISCATION AND FORFEITURE OF THE PROCEEDS OR INSTRUMENTS OF THE CRIME 1. Every penalty imposed carries with it the forfeiture of the proceeds of the crime and the instruments or tools used in the commission of the crime. 2. The proceeds and instruments/tools of the crime are confiscated in favor of the government. rd 3. The property of 3 persons (not liable for the offense) is not subject to confiscation and
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Section One. Rules for the application of penalties to the persons criminally liable and for the graduation of the same.
ART. 46: PENALTY TO BE IMPOSED UPON PRINCIPALS IN GENERAL GENERAL RULE: The penalty prescribed by law in general terms shall be imposed: 1. upon the principals 2. for consummated felony EXCEPTION: when the law fixes a penalty for the frustrated or attempted felony. Whenever it is believed that the penalty lower by one or two degrees corresponding to said acts of execution is not proportionate to the wrong done, the law fixes a distinct penalty for the principal in the frustrated or attempted felony. The Graduation Of Penalties Refers To: 1. By degree a. stages of execution (consummated, frustrated, attempted) b. degree of the criminal participation of the offender (principal, accomplice, accessory) 2. By period a. (minimum, medium, maximum) refers to the proper period of the penalty w/c should be imposed when aggravating or mitigating circumstances attend the commission of the crime
ART. 47: IN WHAT CASES THE DEATH PENALTY SHALL NOT BE IMPOSED Death Penalty Not Imposed In The Following Cases: 1. under age - when the offender is under 18 yrs of age at the time of commission. Why? - Because minority is always a mitigating circumstance 2. over age - when the person is more than 70 years old at time RTC sentenced him 3. no court majority - when upon appeal or
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ART.48: PENALTY FOR COMPLEX CRIMES COMPLEX CRIME although there actually are two or more crimes, the law treats them as constituting only one- as there is only one criminal intent. Only one information need be filed. 2 Kinds Of Complex Crimes: 1. compound crime single act constitutes 2 or more grave or less grave felonies Requisites: QuickTime and a TIFF (Uncompressed) decompressor a. that only one single act is performed are needed to see this picture. by the offender b. that the single act produces i. 2 or more grave felonies ii. one or more grave and one or more less grave felonies iii. 2 or more less grave felonies 2. complex crime proper when an offense is a necessary means for committing another
There is NO COMPLEX CRIME in the following: 1. In case of continuing crimes 2. When one offense is committed to conceal the other 3. When the other crime is an indispensable part or an element of the other offenses as defined 4. Where one of the offenses is penalized by a special law 5. When the law provides one single penalty for special complex crime: a. Robbery with Homicide b. Robbery with Rape c. Rape with Homicide d. Kidnapping with Serious Physical Injuries e. Kidnapping with Homicide PLURALITY OF CRIMES consists in the successive execution by the same individual of different criminal acts upon any of which no conviction has yet been declared. Kinds Of Plurality Of Crimes: 1. Formal or Ideal only one criminal liability. Formal or ideal crimes are further divided into three groups, where a person committing multiple crimes is punished with only one penalty: a. when the offender commits any of the complex crimes defined in Art. 48 b. when the law specifically fixes a single penalty for 2 or more offenses committed: robbery w/ homicide, kidnapping w/ serious physical injuires c. when the offender commits continued crimes 2. Real Or Material there are different crimes in law as well as in the conscience of the offender. In such cases, the offender shall be punished for each and every offense that he committed.
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CONTINUED CRIME refers to a single crime consisting of a series of acts but all arising from one criminal resolution. Although there is a series of acts, there is only one crime committed, so only one penalty shall be imposed. Ex of continued crimes: a. A collector of a commercial firm misappropriates for his personal use several amounts collected by him from different persons. There is only one crime because the different and successive appropriations are but the different moments during w/c one criminal resolution arises. b. Juan steals 2 books belonging to 2 different persons. He commits only one crime because there is unity of thought in the criminal purpose of the offender. NOTE: A continued crime is not a complex crime, as the offender does not perform a single act but a series of acts. Therefore: a. penalty not to be imposed in the maximum b. no actual provision punishing continued crime It is a principle applied in connection with 2 or more crimes committed with a single intention. NOTE: A continued (continuous or continuing) crime is different from a transitory crime. Transitory crime is moving crime.
RULES: 1. If the penalty for the felony committed be higher than the penalty for the offense which the accused intended to commit, the lower penalty shall be imposed in its maximum period. 2. If the penalty for the felony committed be lower than the penalty for the offense which the accused intended to commit, the lower penalty shall be imposed in its maximum period. 3. If the act committed also constitutes an attempt or frustration of another crime, and the law prescribes a higher penalty for either of the latter, the penalty for the attempted or frustrated crime shall be imposed in its maximum period. NOTES: Art. 49 has reference to the provision in the st 1 par of Art .4 which provides that criminal liability shall be incurred by any person committing a felony although the wrongful act done be different from that which he intended. Art. 49 is applicable only in cases when there is a mistake in identity of the victim of the crime (error in personae) and the penalty for the crime committed is different from that for the crime intended to be committed. Art. 49 also has no application where a more serious consequence not intended by the offender befalls the same person. In Art. 49, pars. 1 and 2, the lower penalty in its maximum period is always imposed. In Par. 3 the penalty for the attempted or frustrated crime shall be imposed in its maximum period. This rule is not necessary and may well be covered by Art. 48, in view of the fact that the same act also constitutes an attempt or a frustration of another crime.
Each act performed constitutes Different acts constitute QuickTime and a TIFF (Uncompressed) decompressor are needed toonly see this picture. a separate crime because one crime because each act is generated by a all of the acts performed criminal impulse arise from one criminal resolution.
ART. 49: PENALTY TO BE IMPOSED UPON THE PRINCIPALS WHEN THE CRIME COMMITTED IS DIFFERENT FROM THAT INTENDED
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to
APPLICATION OF ARTICLE 50 TO 57
Participation Consummated Frustrated Attempted
NOTE: The rules provided in Arts. 53, 55 and 57 do not apply if the felony is light because accessories are not liable for the same. ART. 58: ADDITIONAL PENALTY TO BE IMPOSED UPON CERTAIN ACCESSORIES NOTE: Art. 58 is limited only to grave and less grave felonies since it is not possible to have accessories liable for light felonies. It is further limited to those whose participation in the crime is characterized by the misuse of public office or authority. Additional Penalties for Public Officers who are accessories: 1. Absolute Perpetual Disqualification, if the principal offender is guilty of a grave felony 2. Absolute temporary disqualification, if the principal offender is guilty of less grave felony
NOTES: Art. 50-57 are not applicable when the law specifically prescribes the penalty for the frustrated and attempted felony or that to be imposed upon the accomplices and accessories. (examples: qualified seduction, flight to enemy country, kidnapping) Degree one whole penalty, one entire penalty or one unit of the penalties enumerated in the graduated scales provided for in Art. 71 Period one of 3 equal portions, min/med/max of a divisible penalty. A period of a divisible penalty when prescribed by the QuickTime and a (Uncompressed) Code as aTIFF penalty for decompressor a felony, is in itself a are needed to see this picture. degree.
ART. 59: PENALTY TO BE IMPOSED IN CASE OF FAILURE TO COMMIT THE CRIME BECAUSE THE MEANS EMPLOYED OR THE AIMS SOUGHT ARE IMPOSSIBLE NOTES: Basis for the imposition of proper penalty in impossible crimes: social danger and degree of criminality shown by the offender The penalty for impossible crime is arresto mayor (imprisonment of 1 month and 1 day to 6 months) or fine ranging from 200-500 pesos. Art. 59 is limited to grave and less grave
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ART. 60: EXCEPTION TO THE RULES ESTABLISHED IN ARTICLES 50 TO 57 Two cases where the accomplice is punished with the same penalty imposed upon the principal: 1. ascendants, guardians, curators, teachers and any person who, by abuse of authority or confidential relationship, shall cooperate as accomplices in the crimes of rape, acts of lasciviousness, seduction, corruption of minors, white slave trade or abduction. 2. one who furnished the place for the perpetration of the crime of slight illegal detention NOTE: Accessory punished as principal: Art 142 punishes an accessory for knowingly concealing certain evil practices
RULES TO BE OBSERVED IN LOWERING THE PENALTY BY ONE OR TWO DEGREES Rule No. 1: when the penalty is single and indivisible (ex. RP), the penalty next lower shall be reclusion temporal. Rule No. 2: 1. when the penalty is composed of two indivisible penalties; or 2. when the penalty is composed of one or more divisible penalties to be imposed to their full extent the penalty next lower in degree shall be that immediately following the lesser of the penalties prescribed Rule No. 3: when the penalty is composed of 1 or 2 indivisible penalties and the maximum period of a divisible penalty Ex. penalty for murder is reclusion temporal to death. The point of reference will be on the proper divisible penalty which is RT. Under the 3 rule, the penalty next lower to RT is composed of the medium and minimum periods of RT and the max of prision mayor. Rules 4 and 5: 1. if the penalty prescribed in the Code consists of three periods corresponding to different divisible penalties, the penalty next lower is that consisting in the three periods down the scale 2. if the penalty prescribed in the Code consists of two periods, the penalty next lower is that consisting in two periods down the scale 3. if the penalty prescribed in the Code consists in only one period, the penalty next lower is the next period down in the scale NOTE: Mitigating and Aggravating circumstances are first disregarded in the application of the rules for graduating penalties. It is only after the penalty next lower in degree is already determined that the mitigating and aggravating circumstances should be
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rd
Cases where penalty imposed on accessories are one degree lower instead of two degrees: 1. knowingly using counterfeited seal or forged signature or stamp of the President of the Republic 2. illegal possession and use of false treasury or bank note 3. use of a falsified document 4. use of a falsified dispatch
ART. 61: RULES FOR GRADUATING PENALTIES The rules provided in this Article should also apply in determining the minimum of the Indeterminate Sentence Law (ISL). It also applies in lowering the and by a penalty by one or two QuickTime degrees reason of the TIFF (Uncompressed) decompressor are neededmitigating to see this picture. presence of the privileged circumstance, or when the penalty is divisible and there are two or more mitigating circumstances and there are no aggravating circumstances. GRADUATED SCALE IN ART. 71 Indivisible Penalties: 1. Death 2. Reclusion Perpetua
Par. 1: Aggravating circumstances are not to be taken into account when: 1. they themselves constitute a crime. Ex. by means of fire arson 2. they are included by law in the definition of a crime Par. 2: Same rules apply when the aggravating circumstance is inherent in the crime Par. 3: Aggravating or mitigating circumstances arising from any of the following affect only those to whom such circumstances are attendant: 1. from the moral attributes of the offender 2. from his private relations w/ the offended party 3. from any other personal cause Par. 4: the circumstances which consist of the following shall serve to aggravate and mitigate the liability only of those who had knowledge of them at the time of the commission of the offense 1. material execution of the act 2. means employed to accomplish the crime Par. 5: Habitual Delinquent is a person who within the period of 10 years from the date of his (last) release or last conviction of the crimes of: 1. Falsification 2. Robbery 3. Estafa 4. Theft 5. Serious or less serious physical injuries is found guilty of any of the said crimes a third time or oftener.
TIFF (Uncompressed) decompressor NOTES: are needed to see this picture. Effects of the circumstances: o Aggravating circumstances (generic and specific) have the effect of increasing the penalty, without however exceeding the maximum period provided by law. o Mitigating circumstances have the effect of diminishing the penalty. QuickTime and a
REQUISITES Of Habitual Delinquency: 1. that the offender had been convicted of any of the crimes of serious or less serious physical injuries, robbery, theft, estafa or falsification 2. that after conviction or after serving his sentence, he again committed, and, within 10 years from his last release of first conviction, he was again convicted of any of the said crimes for the second time 3. that after his conviction of, or after serving sentence for the second offense, he again committed, and, within 10 years from his last release or last conviction, he was again convicted of any of said offenses, the third time or oftener Rulings on Habitual Delinquency: 1. The law on habitual delinquency does not contemplate the exclusion from the computation of prior conviction those falling outside the 10-year period immediately preceding the crime for which the defendant is being tried. 2. Ten-year period is counted not from the date of commission of the subsequent offense but from the date of conviction thereof in relation
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3.
ART. 63: RULES FOR THE APPLICATION OF INDIVISIBLE PENALTIES Rules for the application of indivisible penalties: 1. Penalty is single and indivisible applied regardless of the presence of aggravating and mitigating circumstances 2. Penalty composed of two indivisible penalties a. One aggravating circumstance present higher penalty b. One mitigating circumstance present lower penalty c. Some mitigating circumstances present and no aggravating lower penalty d. Mitigating and Aggravating Circumstances are present basis in number and importance NOTES: Art 63 applies only when the penalty prescribed by the Code is either one indivisible penalty or 2 indivisible penalties. Par.4: the moral value rather than the numerical weight shall be taken into account. GENERAL RULE: When the penalty is composed of 2 indivisible penalties, the penalty cannot be lowered by one degree, no matter how many mitigating circumstances are present EXCEPTION: In cases of privileged mitigating circumstances
NOTES: In no case shall the total penalties imposed upon the offender exceed 30 years. QuickTime and a TIFF (Uncompressed) decompressor The imposition of the additional penalties on are needed to see this picture. habitual delinquents are constitutional, it is simply a punishment on future crimes on account of the criminal propensities of the accused. The imposition of such additional penalties are mandatory. Habitual delinquency applies at any stage of the execution because subjectively, the offender reveals the same degree of depravity or perversity as the one who
ART. 64: RULES FOR THE APPLICATION OF PENALTIES WHICH CONTAIN THREE PERIODS Rules For The Application Of Divisible Penalties: 1. No aggravating and no mitigating circumstances medium period 2. One mitigating circumstance minimum period 3. One aggravating circumstance maximum period 4. Mitigating and aggravating circumstance offset each other and according to relative
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Example: Prision Mayor minimum (6 years 1 day to 8 years) only 1. Subtract minimum from the maximum. 8 years 6 years = 2 years 2. Divide the difference by 3. 2 years / 3 = 8 months 3. Use the minimum of the given example as the minimum period. Then to get to get the maximum of the minimum, add the 8 months. 6 years + 8 months = 6 years and 8 months Therefore, minimum of prision mayor minimum = 6 years 1 day to 6 years 8 months 4. Use the maximum of the minimum as the minimum of the medium period. Add 1 day to distinguish it from the maximum of the minimum. Add the 8 months and this
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ART. 68: PENALTY TO BE IMPOSED UPON A PERSON UNDER EIGHTEEN YEARS OF AGE NOTE: Art. 68 applies to such minor if his application for suspension of sentence is disapproved or if while in the reformatory institution he becomes incorrigible, in which case he shall be returned to the court for the imposition of the proper penalty. Art. 68 provides for 2 privileged mitigating circumstances: 1. If the act is attended by two or more mitigating circumstances and no aggravating circumstance, the penalty being divisible, a minor over 15 but under 18 may still get a penalty two degrees lower. 2. under 15 but over 9 and has acted w/ discretion: 2 degrees lower 3. under 18 but over 15: 1 degree lower
1. The court can fix any amount of the fine within the limits established by law. 2. Court must consider the following in imposing the fines: a. mitigating and aggravating circumstances b. more particularly, the wealth and means of the culprit 3. The following may also be considered by the court: a. the gravity of the crime committed b. the heinousness of its perpetration c. the magnitude of its effects on the offenders victims.
ART. 69: PENALTY TO BE IMPOSED WHEN THE CRIME COMMITTED IS NOT WHOLLY EXCUSABLE NOTE: Penalty to be imposed when the crime committed is not wholly excusable:1 or 2 degrees lower if the majority of the conditions for justification or exemption in the cases provided in Arts. 11 and 12 are present.
NOTE: When the minimum of the fine is not fixed, the court shall have the discretion, provided it does not exceed the amount authorized by law.
ART. 70: SUCCESSIVE SERVICE OF SENTENCE ART. 67: PENALTY TO BE IMPOSED WHEN NOT ALL THE REQUISITES OF EXEMPTION OF THE FOURTH CIRCUMSTANCE OF ARTICLE 12 ARE PRESENT
QuickTime and a TIFF (Uncompressed) decompressor
are needed see this picture. Requisites of Art. 12, par. to 4: 1. act causing the injury must be lawful 2. act performed w/ due care 3. injury was caused by mere accident 4. no fault or intention to cause injury
NOTES: The Three-Fold Rule 1. Maximum duration of the convicts sentence: 3 times the most severe penalty imposed 2. Maximum duration: shall not exceed 40 yrs 3. Subsidiary imprisonment: This shall be excluded in computing for the maximum duration. * The three-fold rule shall apply only when the convict is to serve 4 or more sentences successively. Different Systems Of Penalty (Relative To The Execution Of Two Or More Penalties Imposed The Same Accused) 1. Material accumulation system - No
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NOTE: If these conditions are not all present, then the following penalties shall be imposed: 1. grave felony arresto mayor max to prision correcional minimum
ART. 72: PREFERENCE IN THE PAYMENT OF THE CIVIL LIABILITIES NOTE: The penalties shall be satisfied according to the chronological order of the dates of the final judgment. (Art. 70)
Section One. General Provisions Section Three. Provisions common in the last two preceding sections ART. 78: WHEN AND HOW A PENALTY IS TO BE EXECUTED NOTES: Only a penalty by final judgment can be executed. Judgment is final if the accused has not appealed within 15 days or he has expressly waived in writing that he will not appeal. There could be no subsidiary liability if it was not expressly ordered in the judgment. ART. 79: SUSPENSION OF THE EXECUTION AND SERVICE OF THE PENALTIES IN CASE OF INSANITY Cases of insanity: 1. After final sentence, suspend the sentence regarding the personal penalties. 2. If he recovers, the sentence is executed unless it has prescribed. 3. The payment of civil of pecuniary liabilities shall not be suspended.
ART. 73: PRESUMPTION IN REGARD TO THE IMPOSITION OF ACCESSORY PENALTIES NOTE: Accessory penalties are deemed imposed with the principal penalty. However, the subsidiary imprisonment must be expressly stated in the decision, as it is not considered an accessory penalty.
ART. 74: PENALTY HIGHER THAN RECLUSION PERPETUA IN CERTAIN CASES NOTE: If the decision or law says higher than QuickTime and a reclusion perpetua TIFF or (Uncompressed) 2 degrees higher than reclusion decompressor are needed to see this picture. temporal, then the penalty imposed is reclusion perpetua or reclusion temporal as the case may be, and not death. Death must be designated by name. However, for the other penalties, this does not apply. Ex: the penalty for crime X is 2 degrees lower than RP. The penalty imposed is prision mayor.
ART. 75: INCREASING OR REDUCING THE PENALTY OF FINE BY ONE OR MORE DEGREES
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- It applies to both violations of Revised Penal Code and special laws, and is based on the penalty actually imposed. Indeterminate sentence is mandatory where imprisonment would exceed one year. IF THE PENALTY IS IMPOSED BY THE RPC: 1. The Maximum Term is that which could be properly imposed under the RPC, considering the aggravating and mitigating circumstances. 2. The MinimumTerm is within the range of the penalty one degree lower than that prescribed by the RPC, without considering the circumstances. BUT when there is a privileged mitigating circumstance, so that the penalty has to be lowered by one degree, the STARTING POINT for determining the minimum term of the indeterminate penalty is the penalty next lower than that prescribed by the Code for the offense. IF THE PENALTY IS IMPOSED BY SPECIAL PENAL LAW 1. The Maximum Term must not exceed the maximum term fixed by said law. 2. The Minimum Term must not be less than the minimum term prescribed by the same. For SPECIAL LAWS, it is anything within the inclusive range of the prescribed penalty. Courts are given discretion in the imposition of the indeterminate penalty. The aggravating and mitigating circumstances are not considered unless the special law adopts the same terminology for penalties as those used in the RPC (such as reclusin perpetua and the like).
WHEN BENEFIT OF THE ISL IS NOT APPLICABLE: QuickTime and a The Indeterminate Sentence shall not apply TIFF (Uncompressed)Law decompressor are needed to see this picture. to the following persons: 1. sentenced to death penalty or life imprisonment 2. treason, or conspiracy or proposal to commit treason 3. misprision of treason, rebellion, sedition or espionage 4. piracy 5. habitual delinquents 6. escaped from confinement, or evaded
1. Youthful offender over 9 but under 18 at time of the commission of the offense 2. A child nine years of age or under at the time of the commission of the offense shall be exempt from criminal liability and shall be committed to the care of his or her father or mother, or nearest relative or family friend in the discretion of the court and subject to its supervision. 3. The same shall be done for a child over nine years and under fifteen years of age at the time of the commission of the offense, unless he acted with discernment, in which case he shall be proceeded against in accordance with Article 192. 4. A youthful offender held for examination or trial who cannot furnish bail will be committed to the DSWD/local rehabilitation center or detention home. 5. If the court finds that the youthful offender committed the crime charged against him, it shall determine the imposable penalty and the civil liability chargeable against him, but it may not pronounce judgment of conviction. Instead, the court shall suspend all further proceedings if, upon application of the youthful offender, it finds that the best interest of the public and that of the offender will be served thereby. EXCEPTIONS to suspension of sentence a. those who previously enjoyed a suspension of sentence b. those convicted of death or life imprisonment c. those convicted for an offense by the military tribunals 6. The youthful offender shall be returned to the QuickTime and a judgment, when court for pronouncement of TIFF (Uncompressed) decompressor needed to see this picture. the youthfulareoffender, (1) has been found incorrigible, or (2) has willfully failed to comply with the conditions of his rehabilitation programs; or (3) when his continued stay in the training institution would be inadvisable. 7. When the youthful offender has reached the age of twenty one while in commitment, the court shall determine whethera. To dismiss the case, if the youthful
8.
13.
PROBATION - a disposition under which a defendant after conviction and sentence is released subject to conditions imposed by the court and to the supervision of a probation officer RULES ON GRANT OF PROBATION 1. After having convicted and sentenced a defendant, the trial court may suspend the execution of the sentence, and place the defendant on probation, upon application by the defendant within the period for perfecting an appeal. 2. Probation may be granted whether the sentence imposed a term of imprisonment or fine only. 3. No application for probation shall be entertained or granted if the defendant has
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ART. 81: WHEN AND HOW THE DEATH PENALTY IS TO BE EXECUTED ART. 82: NOTIFICATION AND EXECUTION OF THE SENTENCE AND ASSISTANCE TO THE CULPRIT Section Two. Execution of principal penalties NOTE: Designate a working day, which shall not be communicated to the offender before the sunrise of
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ART. 83: SUSPENSION OF THE EXECUTION OF THE DEATH SENTENCE Death sentence commuted to RP: 1. woman, while pregnant 2. woman, within 1 year, after delivery 3. person over 70 years of age 4. convict who becomes insane after final sentence of death has been pronounced ART. 84: PLACE OF EXECUTION AND PERSONS WHO MAY WITNESS THE SAME ART. 85: PROVISIONS RELATIVE TO THE CORPSE OF THE PERSON EXECUTED AND ITS BURIAL ART. 86: RECLUSION PERPETUA, RECLUSION TEMPORAL, PRISION MAYOR, PRISION CORRECCIONAL AND ARRESTO MAYOR ART. 87: DESTIERRO NOTES: Extinguishment of criminal liability is a ground for motion to quash. Criminal liability whether before or after final judgment is extinguished upon death because it is a personal penalty. Pecuniary penalty is extinguished only when death occurs before final judgment. The death of the offended party however does not extinguish criminal liability of the accused because it is a crime against the state. ART. 89: HOW CRIMINAL LIABILITY IS TOTALLY EXTINGUISHED PAR. 1. BY DEATH Title Four EXTINCTION OF CRIMINAL LIABILITY
Destierro Shall Be Imposed In The Following Cases: 1. death or serious physical injuries is caused or are inflicted under exceptional circumstance 2. person fails to give bond for good behavior 3. concubines penalty for the crime of concubinage 4. lowering the penalty by degrees Execution of Destierro: 1. Convict shall not be permitted to enter the place designated in the sentence nor within the radius specified, which shall not be more QuickTime and a than 250 and not less decompressor than 25 km from the TIFF (Uncompressed) are needed to see this picture. place designated. 2. If the convict enters the prohibited area, he commits evasion of sentence. ART. 88: ARRESTO MENOR NOTE: Served where: 1. In the municipal jail 2. In the house of the offender, but under the
PAR. 2. BY SERVICE OF SENTENCE NOTES: Crime is a debt, hence extinguished upon payment. Service does not extinguish civil liability. PAR. 3. BY AMNESTY Amnesty is an act of the sovereign power granting oblivion or general pardon. It wipes all traces and vestiges of the crime but does not extinguish civil liability.
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Looks forward and relieves the offender of the consequences Same A private act of the President
Does not extinguish civil liability A public act that needs the declaration of the President with the concurrence of Congress
PAR. 6. BY MARRIAGE OF THE OFFENDED WOMAN (ART. 344) NOTE: Crimes covered: 1. rape 2. seduction 3. abduction 4. acts of lasciviousness The marriage must be contracted in good faith.
PAR. 5. BY PRESCRIPTION OF CRIME Prescription of a crime is the loss/forfeiture of the right of the state to prosecute the offender after the lapse of a certain time. NOTE: When the crime prescribes, the state loses the right to prosecute
TIFF (Uncompressed) PRESCRIPTIVE PERIODS OF decompressor CRIMES: are needed to see this picture. 1. Crimes punishable by: a. Death, reclusin perpetua or reclusin temporal 20 years b. afflictive penalties 15 years c. correctional penalties 10 years, d. except those punishable by arresto mayor which shall prescribe in 5 years 2. Crime of libel 1 year 3. Offenses of oral defamation and slander by QuickTime and a
ART. 90: PRESCRIPTION OF CRIME NOTES: In computing for the period, the first day is excluded and the last day included. Period is subject to leap years. When the last day of the prescriptive period falls on a Sunday or a legal holiday, the information can no longer be filed the following day. Simple slander prescribes in 2 months and grave slander in 6 months. Since destierro is a correctional penalty, it prescribes in 10 years. For afflictive penalties, period is 15 years. If it is a compound penalty, basis will be the highest penalty.
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ART. 92: WHEN AND HOW PENALTIES PRESCRIBE NOTES: Final sentence must be imposed. If a convict can avail of mitigating circumstances and the penalty is lowered, it is still the original penalty that is used as the basis for prescription. However, if the convict already serves a portion of his sentence and escapes after, the penalty that was imposed (not the original) shall be the basis for prescription. Fines less than P200 fall under light penalty. Those above are correccional. ART. 93: COMPUTATION OF THE PRESCRIPTION OF PENALTIES The period of prescription commences to run from the date when the culprit evaded the service of his sentence. Requisites: 1. Penalty is imposed by final sentence. 2. Convict evaded service of the sentence by escaping during the term of his sentence. 3. Convict has not given himself up, or been captured, or gone to a foreign country with which we have no extradition treaty, or committed another crime. 4. Penalty has prescribed, because of the lapse of time from the date of the evasion of the service of the sentence. Interruption Of The Period: If the convict 1. gives himself up 2. be captured 3. goes to a foreign country with which the Philippines has no extradition treaty 4. commits another crime before the expiration of the period of prescription 5. accepts a conditional pardon
ART. 91: COMPUTATION OF PRESCRIPTION OF OFFENSES NOTES: If there is nothing concealed (appears in a public document), the crime commences to run on the date of the commission. The period of prescription for crimes which continue never runs. Crime needs to be discovered by: 1. offended party 2. authorities 3. their agents If a person witnesses the crime but only tells the authorities 25 years later, prescription commences on the day the authorities were told. What Interrupts Prescription? 1. preliminary examination or investigation which is similar to judicial proceeding 2. filing the proper complaint with the QuickTime and a TIFF (Uncompressed) decompressor prosecutors office. Police not included. are needed to see this picture. 3. Filing complaint with the court that has proper jurisdiction The Period Commences To Run Again When The Proceeding Is Terminated: 1. Without the accused being convicted or acquitted 2. The proceeding is unjustifiably stopped for a reason not imputable to the offender
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5 days per month of good behavior 3rd to 5th years 8 days per month of good behavior Following years up to 10 days per month of good 10th year behavior 11th year and 15 days per month of good successive years behavior NOTE: Condition of pardon is limited to unserved portion of the sentence, unless an intention to extend it beyond the time is manifest. ART. 96: EFFECT OF COMMUTATION OF SENTENCE ART. 97: ALLOWANCE FOR GOOD CONDUCT
PAROLE Given after service of the minimum penalty Given by the Board of Pardons and Parole For violations, may be rearrested, convict serves remaining sentence
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Granted by Chief Executive For violation, convict may be prosecuted under 159
NOTES: allowance for good conduct not applicable when prisoner released under conditional pardon. good conduct time allowance is given in consideration of good conduct of prisoner while he is serving sentence. ART. 98: SPECIAL TIME ALLOWANCE FOR LOYALTY
ART. 100: CIVIL LIABILITY OF A PERSON GUILTY OF FELONY Dual Character Of The Crime As Against: 1. the state, because of the disturbance of peace and order 2. the private person injured, unless it involves the crime of treason, rebellion, espionage, contempt and others where no civil liability arises on the part of the offender either because there are no damages or there is no private person injured by the crime
Damage that may be recovered in criminal cases: 1. Crimes against persons, like crime of physical injuries whatever he spent for treatment of wounds, doctors fees, medicines as well as salary or wages unearned 2. Moral Damages: seduction, abduction, rape or other lascivious acts, adultery or concubinage, illegal or arbitrary detention or arrest, illegal search, libel, slander or any other form of defamation, malicious prosecution 3. Exemplary Damages: imposed when crime was committed with one or more aggravating circumstances NOTES: If there is no damage caused by the commission of the crime, offender is not civilly liable. Dismissal of the information or the criminal action does not affect the right of the offended party to institute or continue the civil action already instituted arising from the offense, because such dismissal does not carry with it the extinction of the civil one. When accused is acquitted on ground that his guilt has not been proven beyond reasonable doubt, a civil action for damages for the same act or omission may be instituted. Exemption from criminal liability in favor of an imbecile or insane person, and a person under 15 years, or over 15 but under 18 who acted without discernment and those acting
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TWO CLASSES OF CIVIL LIABILITY 1. social injury produced by disturbance and alarm which are the outcome of the offense
Prejudicial Question one which arises in a case, QuickTime and a TIFF (Uncompressed) decompressor the resolution of which is a logical antecedent of the are needed to see this picture. issue involved in said case and the cognizance of which pertains to another tribunal. (elements provided in Rule 111, Section 7 of RoC) For the principle to apply, it is essential that there be 2 cases involved, a civil and a criminal case. Prejudicial questions must be decided before any criminal prosecution may be instituted or may proceed.
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CIVIL LIABILITIES Includes reparation and indemnification Includes restitution (return property taken), nothing to pay in terms of money
ART. 103: SUBSIDIARY CIVIL LIABILITY OF OTHER PERSONS Requisites: 1. The employer, teacher, person or corporation is engaged in any kind of
No restitution as the liabilities are to paid out of the property of the offender No fines and costs of Includes fines and costs of proceedings proceedings
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NOTE: The first remedy granted by law is restitution of the thing taken away by the offender; if restitution cannot be made by the offender or by his heirs, the law allows the offended party reparation. In either case, indemnity for consequential damages may be required. Restitution In theft, the culprit is duty bound to return the property stolen. Reparation In case of inability to return the property stolen, the culprit must pay the value of the property stolen. In case of physical injuries, the reparation of the damage caused would consist in the payment of hospital bills and doctors fees to the offended party. Indemnification the loss of salary or earnings
ART. 106: REPARATION; HOW MADE ART. 105: RESTITUTION; HOW MADE NOTES: The convict cannot, by way of restitution, give to the offended party a similar thing of the same amount, kind or species and quality. The very thing should be returned. If the property stolen while in the possession of the third party suffers deterioration due to his fault, the court will assess the amount of the deterioration and, in addition to the return of the property, the culprit will be ordered to pay such amount. The owner of the property QuickTime and a illegally taken by TIFF (Uncompressed) decompressor needed to see this picture. the offender are can recover it from whomsoever is in possession thereof. Thus, even if the rd property stolen was acquired by a 3 person by purchase without knowing that it has been stolen, such property will be returned to the owner. If the thing is acquired by a person knowing that it was stolen, then he is an accessory and therefore criminally liable. The third party who acquired the stolen NOTES: The court orders reparation if restitution is not possible. Reparation shall be: the price of the thing, plus its sentimental value. If there is no evidence as to the value of the thing unrecovered, reparation cannot be made. Payment by the insurance company does not relieve the offender of his obligation to repair the damage caused. Damages shall be limited to those caused by the crime. The accused is liable for the damages caused as a result of the destruction of the property after the crime was committed, either because it was lost or destroyed by the accused himself or that by any other person or as a result of any other cause or causes. ART. 107: INDEMNIFICATION; WHAT IS INCLUDED NOTES: Indemnity refers to crimes against persons while reparation to crimes against property.
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Moral damages may be recovered following: 1. physical injuries 2. seduction, abduction, rape 3. adultery, concubinage 4. illegal or arbitrary detention 5. illegal search 6. libel, slander, defamation 7. malicious prosecution
ART. 108: OBLIGATION TO MAKE RESTORATION, REPARATION FOR DAMAGES, OR INDEMNIFICATION FOR CONSEQUENTIAL DAMAGES AND ACTIONS TO DEMAND THE SAME; UPON WHOM IT DEVOLVES NOTES: The heirs of the person liable has no obligation if restoration is not possible and the deceased left no property. Civil liability is possible only when the offender dies after final judgment. If the death of the offender took place before QuickTime and a (Uncompressed) decompressor any final TIFFjudgment of conviction was are needed to see this picture. rendered against him, the action for restitution must necessarily be dismissed. ART. 109: SHARE OF EACH PERSON CIVILLY LIABLE NOTE: In case of insolvency of the accomplices, the principal shall be subsidiarily liable for their share of the indemnity. In case of the insolvency of the principal, the accomplices shall be subsidiarily liable,
ART. 112: EXTINCTION OF CIVIL LIABILITY Civil Liability Is Extinguished By: 1. payment or performance 2. loss of the thing due 3. condonation or remission of the debt 4. confusion or merger of the rights of creditor and debtor 5. compensation 6. novation
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BOOK II
PERSONS LIABLE: 1. Filipino permanent allegiance; can commit treason anywhere 2. Alien Residing temporary allegiance; commit treason only while residing in Philippines NOTES: Treason committed in a foreign country may be prosecuted in the Philippines. (Art.2, RPC) Treason by an alien must be committed in the Philippines. (EO 44).
TITLE ONE CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS
Section 1 Treason and Espionage ART 114. TREASON ELEMENTS: 1. Offender is a Filipino citizen or an alien QuickTime and a resident; TIFF (Uncompressed) decompressor are needed to see this picture. 2. Theres a war in and Philippines is involved; and 3. Offender either a. Levies war against the government; or b. Adheres to enemies, giving aid or comfort.
WAYS TO COMMIT TREASON: 1. Levying war against government - requires: a. Actual assembling of men b. Purpose of executing a treasonable design, by force 2. Adheres to enemies following must concur together: a. Actual adherence b. Give aid or comfort NOTES: Levying war - must be with intent to overthrow the government as such, not merely to repeal a particular statute or to resist a particular officer. Not necessary that those attempting to overthrow the government by force of arms
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WAYS TO PROVE: 1. Treason a. Testimony of at least 2 witnesses to the same overt act b. Judicial confession of accused 2. Adherence a. One witness b. Nature of act itself c. Circumstances surrounding act NOTES: To convict: testimonies must relate to the same overt act not two similar acts If act is separable each witness can testify to parts of it; but the act, as a whole, must be identifiable as an overt act Confession must be in open court Reason for 2-witness rule special nature of the crime requires that the accused be afforded a special protection not required in other cases so as to avoid a miscarriage of justice. Extreme seriousness of the crime, for which death is one of the penalties provided by law, and the fact that the crime is committed in abnormal times, when small differences may in mortal enmity wipe out all scruples in sacrificing the truth. General Notes: Inherent circumstances they do not aggravate the crime QuickTime and a TIFF (Uncompressed) decompressor - Evident premeditation are needed to see this picture. - superior strength - treachery Treason is a continuing crime. Even after the war, offender can still be prosecuted. No treason through negligence since it must be intentional No complex crime of treason with murder murder is the overt act of aid or comfort
ELEMENTS CONSPIRACY: 1. In time of war; 2. Two or more persons come to an agreement to a. levy war against the government, or b. adhere to the enemies and to give them aid or comfort 3. They decide to commit it. ELEMENTS PROSOPAL: 1. In time of war 2. A person who has decided to levy war against the government, or to adhere to the enemies and to give them aid or comfort 3. Proposes its execution to some other person/s. General Notes: As a general rule, conspiracy and proposal to commit a felony is not punishable (ART.8). Art 115 is an exception as it specifically penalizes conspiracy and proposal to commit treason. Mere agreement and decision to commit treason is punishable. Two-witness rule not applicable since this is a crime separate from treason Mere proposal even without acceptance is punishable, too. If the other accepts, it is already conspiracy. If actual acts of treason are committed after the conspiracy or proposal, the crime committed will be treason, and the conspiracy or proposal is considered as a means in the commission thereof.
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ELEMENTS: 1. Offender owes allegiance to the government 2. Not a foreigner 3. Has knowledge of any conspiracy (to commit treason) against the government 4. He conceals or does not disclose the same to the authorities in w/c he resides. NOTES: Offender is punished as an accessory to the crime of treason. But is actually principal to this crime. Crime doesnt apply if crime of treason is already committed and it is not reported. It is a crime of omission. RPC mentions 4 individuals (i.e. governor, provincial fiscal, mayor or city fiscal), but what if you report to some other high-ranking government. official? Ex: PNP Director? Judge Pimentel says any governement. official of the DILG is OK.. ART. 117. ESPIONAGE 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 the advantage of a foreign nation.
MODES of COMMITTING ESPIONAGE: 1. By entering, without authority, a warship, fort, or military or naval establishment or reservation to obtain any information, plan or other data of confidential nature relative to the defense of the Philippines. QuickTime and a ELEMENTS: TIFF (Uncompressed) decompressor are needed to see this picture. 1. That the offender enters a warship, fort, naval or military establishment or reservation; 2. That he has no authority therefore; and 3. That his purpose is to obtain information, plans, photographs or other data of a confidential nature relative to the defense of the Philippines.
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ELEMENTS: 1. That there is war in which the Philippines is not involved; 2. That there is a regulation issued by competent authority for the purpose of enforcing neutrality; and 3. That the offender violates such regulation. NOTES: This crime is committed only in time of war. Neutrality of the Philippines that was violated. There has to be a regulation issued by competent authority for enforcement of neutrality offender violated it Being a public officer or employee has higher penalty ART. 120. CORRESPONDECE WITH HOSTILE COUNTRY ELEMENTS: 1. Theres a war in and Philippines is involved; 2. That the offender makes correspondence with an enemy country or territory occupied by enemy troops; 3. That the correspondence is either a. prohibited by the government, or b. carried on in ciphers or conventional signs, or c. containing notice or information which might be useful to the enemy. QUALIFYING CIRCUMSTANCES: 1. Notice or information might be useful to the enemy. 2. Offender intended to aid the enemy. NOTES: Circumstances qualifying the offense: 1. notice or information might be useful to the enemy 2. offender intended to aid the enemy A hostile country exists only during hostilities or after the declaration of war. Correspondence to enemy country is correspondence to officials of enemy country even if said official is related to the offender.
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ART. 118. INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS ELEMENTS: 1. Offender performs unlawful or unauthorized acts; 2. 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; NOTES: QuickTime and a (Uncompressed) decompressor Crime is TIFF committed in time of peace. are needed to see this picture. Intent of the offender is immaterial. In inciting to war, the offender is any person. If the offender is a public officer, the penalty is higher. Reprisals are not limited to military action, it could be economic reprisals, or denial of entry into their country. Example: X burns Chinese flag. If China bans the entry of Filipinos into China, that is reprisal.
MUTINY the unlawful resistance to a superior, or the raising of commotions and disturbances on board a ship against the authority of its commander. ELEMENTS of PIRACY: 1. A vessel is on the high seas or Philippine waters; 2. Offenders not members of its complement nor passengers of the vessel; and 3. That the offenders a. attack or seize vessel (if committed by crew or passengers, the crime is not piracy but robbery in the high seas), or b. seize whole or part of vessels cargo, equipment or personal belongings of its complement or passengers. NOTES: High seas - any waters on the sea coast which are without the boundaries of the low water mark although such waters may be in the jurisdictional limits of a foreign government; parts of the sea that are not included in the exclusive economic zone, in the territorial seas, or in the internal waters of a state, or in the archipelagic waters of an archipelagic state (United Nations Convention on the Law of the Sea). Philippine waters all bodies of water, such as but not limited to seas, gulfs, bays, around, between and connecting each of the islands of the Philippine Archipelago, irrespective of its depth, breath, length or dimension, and all waters belonging to the Philippines by historic or legal title, including territorial sea, the seabed, the insular shelves, and other submarine areas over which the Philippines has sovereignty and jurisdiction. (Sec. 2, P.D. No. 532) Now, Art. 122, as amended by R.A. 7659 Piracy and Mutiny in Philippine waters is punishable. Before R. A. 7659 amended Art 122, piracy and mutiny only on the high seas was punishable. However, the commission of the acts described in Arts. 122 and 123 in Philippine waters was under P.D. No. 532.
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ART. 121. FLIGHT TO ENEMYS COUNTRY ELEMENTS: 1. Theres a war and Philippines is involved; 2. Offender owes allegiance to the government; 3. Offender attempts to flee or go to enemy country; and 4. Going to enemy country is prohibited by competent authority. PERSONS LIABLE: 1. Filipino citizen 2. Alien residing in the Philippines NOTES: Mere attempt consummates the crime. There must be a prohibition. If there is none, even if one went to enemy country, there is no crime. An alien resident may be held guilty for this crime because an alien owes allegiance to the Philippine government albeit temporary.
Section Three Piracy & Mutiny on The High Seas ART. 122. PIRACY IN GENERAL AND MUTINY ON THE HIGH SEAS
TIFF (Uncompressed) decompressor PIRACY MODES TO COMMIT: are needed to see this picture. 1. By attacking or seizing a vessel on the high seas or in the Philippine waters (PD 532); 2. By seizing the whole or part of the cargo of said vessels, its equipment or personal belongings of its complement or passengers, the offenders being strangers to the vessels. QuickTime and a
PIRACY Robbery or forcible degradation on the high seas, without lawful authority and done with animo furandi and in the spirit and intention of universal hostility. Intent to gain is an element. Attack from outside. Offenders are strangers to the vessel.
MUTINY Unlawful resistance to a superior officer, or the raising of commotion and disturbances on board a ship against the authority of its commander. Intent to gain is not an element Attack from the inside.
ART. 123. QUALIFIED PIRACY QUALIFYING CIRCUMSTANCES: 1. Seizure of the vessel by boarding or firing upon the same; 2. Abandonment of victims without means of saving themselves; or 3. Piracy was accompanied by murder, homicide, physical injuries, or rape. NOTES: Parricide/infanticide should be included (according to Judge Pimentel). There is a conflict between this provision and the provision on rape. Ex: If rape is committed on someone below 7 yrs. old penalty is death under the new rape law. But if rape committed on someone below 7 during the time of piracy reclusion perpetua to death. Themurder/rape/homicide/physical injuries must have been committed on the passengers or on the complement of the vessel. Piracy is a crime not against any particular state but against all mankind. It may be punished in the competent tribunal of any country where the offender may be found or into which he may be carried. QUALIFIED PIRACY a SPECIAL COMPLEX CRIME punishable by reclusin perpetua to death, regardless of the number of victims.
The offender is a member of the complement or a passenger of the vessel. In both, there is intent to gain and the manner of committing the crime is the same.
WITHIN PHIL. WATERS Art. 122, RPC Offender is an outsider PD 532, Anti-Piracy Offender is passenger crew or
PD 532 (ANTI-PIRACY AND ANTI-HIGHWAY QuickTime and a TIFF (Uncompressed) decompressor ROBBERY LAW OF 1974) are needed to see this picture.
VESSEL any vessel or watercraft used for (a) transport of passengers and cargo or (b) for fishing. AIDING OR ABETTING PIRACY REQUISITES: 1. Knowingly aids or protects pirates; 2. Acquires or receives property taken by such pirates, or in any manner derives any benefit;
ACTS PUNISHABLE: 1. By compelling a change in the course or destination of an aircraft of Philippine registry, or seizing or usurping the control thereof while it is in flight;
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TITLE TWO CRIMES AGAINST THE FUNDAMENTAL LAWS QuickTime and a OF THE STATE TIFF (Uncompressed) decompressor
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ART. 125. DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER JUDICIAL AUTHORITIES
CLASSES OF ARBITRARY DETENTION: 1. By detaining a person without legal ground 2. Delay in the delivery of detained persons to the proper judicial authorities 3. Delaying release
ELEMENTS: 1. That the offender is a public officer or employee; 2. That he has detained a person for some legal ground; and
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ART. 127. EXPULSION ELEMENTS: 1. That the offender is a public officer or employee; 2. That he expels any person from the Philippines, or compels a person to change his residence; and 3. That the offender is not authorized to do so by law. ACTS PUNISHABLE: 1. by expelling a person from the Philippines; or 2. by compelling a person to change his residence NOTES: Acts punishable: The crime of expulsion absorbs that of grave coercion. If done by a private person, act will amount to grave coercion. Crime does not include expulsion of undesirable aliens, destierro, or when sent to prison. If a Filipino who, after voluntarily leaving the country, is illegally refused re-entry is considered a victim of being forced to change his address.
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Detention is legal in the beginning, but illegality starts from the expiration of the specified periods without the persons detained having been delivered to the proper judicial authority.
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ART. 128. VIOLATION OF DOMICILE ELEMENTS: 1. That the offender is a public officer or employee; 2. That he is not authorized by judicial order to enter the dwelling and/or to make a search therein for papers or other effects; and 3. That he commits any of the following acts: a. entering any dwelling against the will of the owner thereof; b. searching papers or other effects found therein without the previous consent of such owner; c. refusing to leave the premises, after having surreptitiously entered said dwelling and after having been required to leave the same. SPECIAL AGGRAVATING CIRCUMSTANCES: 1. nighttime 2. papers or effects not constituting evidence of a crime are not returned immediately NOTES: The judicial order is the search warrant. If the offender who enters the dwelling against the will of the owner thereof is a private individual, the crime committed is trespass to dwelling (Art 280). When a public officer searched a person outside his dwelling without a search warrant and such person is not legally arrested for an offense, the crime committed by the public officer is either: - grave coercion if violence or intimidation is used (Art 286), or ifand there is no violence - unjust vexation QuickTime a (Uncompressed) decompressor or TIFF intimidation (Art 287). are needed to see this picture. Public officer without a search warrant cannot lawfully enter the dwelling against the will of the owner, even if he knew that someone in that dwelling is in unlawful possession of opium. ART. 129. SEARCH WARRANTS MALICIOUSLY OBTAINED, AND ABUSE IN THE SERVICE OF THOSE LEGALLY OBTAINED
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ART. 132. INTERRUPTION OF RELIGIOUS ART. 131. PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS ELEMENTS: 1. That the officer is a public officer or employee; 2. That religious ceremonies or manifestations of any religion are about to take place or are going on; and 3. That the offender prevents or disturbs the same. NOTES: Qualifying circumstances: 1. violence; or 2. threats. Reading of Bible and then attacking certain churches in a public plaza is not a ceremony or manifestation of religion, but only a meeting of a religious sect. But if done in a private home, its a religious service. Religious Worship includes people in the act of performing religious rites for a religious ceremony or a manifestation of religion. Examples: Mass, baptism, marriage
ELEMENTS: 1. Offender is a public officer or employee; 2. He performs any of the following acts: a. prohibiting or interrupting, without legal ground the holding of a peaceful meeting, or dissolving the same (e.g. denial of permit in arbitrary manner). b. hindering any person from joining any lawful association or from attending any of its meetings c. prohibiting or hindering any person QuickTime and a TIFF (Uncompressed) decompressor from addressing , either alone or are needed to see this picture. together with others, any petition to the authorities for the correction of abuses or redress of grievances. NOTES: If the offender is a private individual, the crime is disturbance of public order (Art 153).
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POLITICAL CRIMES are those directly aimed against the political order, as well as such common crimes as may be committed to achieve a political purpose. The decisive factor is the intent or motive.
ART. 134. REBELLION OR INSURRECTION ELEMENTS: 1. That there be a public armed uprising; and 2. That the purpose of the uprising or movement is either: a. to remove from the allegiance to said government or its laws the territory of the Philippines or any part thereof or 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 or prerogatives. PERSONS LIABLE: 1. Any person who: (a) promotes, (b) maintains, or (c) heads a rebellion or insurrection (leader); 2. Any person merely participating or executing the command of others in rebellion (participant); and
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PERSONS LIABLE: 1. Any person who leads or in any manner directs or commands others to undertake coup detat (leaders); 2. Any person in the government service who participates or executes directions or commands of others in undertaking coup detat (participants from government); 3. Any person not in the government service who participates, or in any manner, supports, finances, abets, or aids in undertaking a coup detat (participants not from government); and 4. Any person who in fact directed the others, spoke for them, signed receipts and other documents issued in their name, or performed similar acts, on behalf of the rebels (deemed leader if leader is unknown)
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National Security Nature of Crime Levying war against the govt; OR Adherence and giving aid or comfort to enemies
Public Order
Public Order
Public Order
Overt acts
Attack against authorities, military camp, networks or public utilities, or other facilities for power
Rising publicly and tumultuously (more than 3 men who are armed or provided with means of violence)
Purpose
Removing territory , or body of armed forces, or depriving the Chief Executive or Legislature
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ART. 136. CONSPIRACY AND PROPOSAL TO COMMIT COUP D ETAT, REBELLION OR INSURRECTION ELEMENTS OF CONSPIRACY: 1. Two or more persons come to an agreement to rise publicly and take arms against the government; 2. For any of the purposes of rebellion; and 3. They decide to commit it. ELEMENTS OF PROPOSAL: 1. A person who has decided to rise publicly and take arms against the government; 2. For any of the purposes of rebellion; and 3. Proposes its execution to some other person/s. PROPOSAL TO INCITING TO COMMIT REBELLION REBELLION In both, the offender induces another to commit rebellion In both, the crime of rebellion should not be committed by the persons to whom it is proposed or who are incited. If they commit rebellion because of the QuickTime and a TIFF (Uncompressed) decompressor proposal or inciting, the proponent or the one are needed to see this picture. inciting may become a principal by inducement in the crime of rebellion. The person who It is not required that proposes has decided the offender has to commit rebellion. decided to commit rebellion. The person who The act of inciting is proposes the done publicly. execution of the crime uses secret means.
ACTS PUNISHABLE: 1. Failing to resist rebellion by all the means in their power; or 2. Continuing to discharge the duties of their offices under the control of rebels; or 3. Accepting appointment to office under rebels. NOTES: There must be actual rebellion for this crime to be committed. It must not be committed in conspiracy with rebels or coup plotters for this crime to be committed. If position is accepted in order to protect the people, not covered by this article.
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; and 3. That the inciting is done by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end.
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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 legal methods; and 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 thereof from freely exercising its or his functions, QuickTime or prevent and a the execution of (Uncompressed) decompressor anyTIFF administrative order; are needed to see this picture. 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; or e. to despoil, for any political or social end, any person, municipality or
PERSONS LIABLE: 1. leader of the sedition, and 2. other persons participating in the sedition. ART. 141. CONSPIRACY TO COMMIT SEDITION NOTE: There must be an agreement and a decision to rise publicly and tumultuously to attain any of the objects of sedition in order to constitute crime of conspiracy to commit sedition.
ART. 142. INCITING TO SEDITION ACTS PUNISHABLE: 1. Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches, proclamations, writings, emblems etc. 2. Uttering seditious words or speeches which tend to disturb the public peace;
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ELEMENTS of ACT 1: 1. That the offender does not take a direct part in the crime of sedition; 2. That he incites others to the accomplishment of any of the acts which constitute sedition; and 3. That the inciting is done by means of speeches, proclamations, writing, emblems, cartoons, banners, or other representations tending to the same end. UTTERING AND WRITING PUNISHABLE: 1. when they tend to disturb or obstruct any public officer in executing the functions of his office; or 2. when they tend to instigate others to cabal and meet together for unlawful purposes; or 3. when they suggest or incite rebellious conspiracies or riots; or 4. when they lead or tend to stir up the people against the lawful authorities or to disturb the peace of the community, the safety and order of the government.
ART. 144. DISTURBANCE OF PROCEEDINGS ELEMENTS: 1. An actual meeting of Congress or any of its committees, constitutional commissions or committees or divisions thereof, or of any provincial board or city or municipal council or board; and 2. That the offender does any of the following acts a. he disturbs any of such meetings b. 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. NOTE: Complaint must be filed by member of the Legislative body. Accused may also be punished for contempt by the legislative body. ARTICLE 145. VIOLATION OF PARLIAMENTARY IMMUNITY. ACTS PUNISHABLE: 1. By using force, intimidation, threats, or fraud to prevent any member of Congress from attending the meeting of the assembly or any of its committees, constitutional commissions or committees or divisions thereof, or from expressing his opinions or casting his vote. ELEMENTS: 1. Offender uses force, intimidation, threat or fraud 2. Purpose is to prevent any member of Congress from: a. Attending the said meetings; b. Expressing his opinions; or c. Casting his vote. 2. By arresting or searching any member thereof while Congress is in a regular or special session, except in case such member has committed a crime punishable
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3 RULES RELATIVE TO SEDITOUS WORDS: 1. Dangerous Tendency rule 2. Clear and Present Danger rule 3. Balance of Interests rule
ART. 143. ACTS TENDING TO PREVENT THE QuickTime and a TIFF (Uncompressed) decompressor MEETING OF THE ASSEMBLY AND SIMILAR are needed to see this picture. BODIES ELEMENTS: 1. A projected or actual meeting of Congress or any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, or of any provincial board or city or municipal council or board; and
ART. 146. ILLEGAL ASSEMBLIES 2 TYPES OF ILLEGAL ASSEMBLIES: 1. Meeting attended by armed persons for the purpose of committing any of the crimes punishable under the Revised Penal Code; REQUISITES: 1. Theres a meeting gather or group of persons whether fixed or moving; 2. Meeting is attended by armed and a persons ;QuickTime and decompressor TIFF (Uncompressed) are needed to see this picture. 3. The purpose of meeting is to commit any of the crimes punishable under RPC 2. A meeting in w/c the audience is incited to the commission of the crimes of treason, rebellion or insurrection, sedition or assault upon a person in authority or his agent.
Must be an actual meeting No need for such of armed persons to commit any of the crimes punishable
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ART. 148. DIRECT ASSAULT 2 WAYS TO COMMIT DIRECT ASSAULT: 1. Without public uprising, by employing force or intimidation for attainment of any of the purposes enumerated in defining the crimes of rebellion and sedition (first form) ELEMENTS: 1. Offender employs force or intimidation; 2. Aim of offender is to attain any of the purposes of the crime of rebellion and sedition; and 3. That there is no public uprising. 2. Without public uprising, by attacking, by employing force or by seriously intimidating or by seriously resisting any QuickTime and a person in authority o any of his agents, while TIFF (Uncompressed) decompressor are needed to see this picture. engaged in the performance of official duties, or on the occasion of such performance. (second form). ELEMENTS: 1. Offender (a) makes an attack, (b) employs force, (c) makes a serious intimidation, or (d) makes a serious resistance;
NOTES: General Rule: Direct assault is always complexed with the material consequence of the act (Ex. direct assault with murder). Exception: If resulting in a light felony, the consequent crime is absorbed. The force employed need not be serious when the offended party is a person in authority (Ex. Laying of hands). The intimidation or resistance must be serious whether the offended party is an agent only or a person in authority (Ex. Pointing a gun). A person in authority is any person directly vested with jurisdiction (power or authority to govern and execute the laws) whether as an individual or as a member of some court or governmental corporation, board, or commission. Examples: A barangay captain, a Division Superintendent of Schools, President of Sanitary Division and a teacher. An agent is 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. Examples: Barrio councilman and any person who comes to the aid of the person in authority, policeman, municipal
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QUALIFYING CIRCUMSTANCES: 1. when the assault is committed with a weapon; 2. when the offender is a public officer or employee; or 3. when the offender lays hand upon a person in authority
ACTS PUNISHABLE: 1. Disobedience w/o legal excuse to summons issued by the Congress or any of its committees or subcommittees; 2. Refusal of any person present before a legislative or constitutional body or official to: (a) to be sworn or placed under affirmation; (b) to answer any legal inquiry; or (3) to produce books, documents, records etc. when required to do so by the said bodies in the exercise of their functions; 3. Restraining another from attending as witness in such body; or 4. Inducing disobedience to a summons or refusal to be sworn. ARTICLE 151. RESISTANCE AND DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENTS OF SUCH PERSON ELEMENTS RESISTANCE & SERIOUS DISOBEDIENCE (par. 1): 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; and 3. That the act of the offender is not included in the provisions of arts. 148, 149 and 150. ELEMENTS SIMPLE DISOBEDIENCE (par. 2) 1. That an agent of a person in authority is engaged in the performance of official duty gives a lawful order to the offender; 2. That the offender disobeys such agent of a person in authority; and 3. That such disobedience is not of a serious nature.
ARTICLE 149. INDIRECT ASSAULT ELEMENTS: 1. The direct assault is committed against an agent of a person in authority; 2. That the offended party comes to the aid of such agent of a person in authority; and 3. That the offender makes use of force or intimidation upon the said offended party. NOTES: Indirect assault can be committed only when a direct assault is also being committed. To be indirect assault, the person who should be aided is the agent and not the person in authority. In the latter case, it is already direct assault. According to Art 152: The person coming to the aid of the person in
QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture.
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PIA or his agent must be engaged in the performance of official duties or that he is assaulted by reason thereof Direct assault is committed in 4 ways by attacking, employing force, seriously intimidating, and seriously resisting a PIA or his agent. Use of force against an agent of PIA must be serious and deliberate.
RESISTANCE & DISOBEDIENCE TO A PERSON IN AUTHORITY (PIA) OR AGENTS OF SUCH PERSON (151) PIA or his agent must be in the actual performance of his duties. Committed by resisting or seriously disobeying a PIA or his agent.
Simple disobedience force against an agent of a PIA is not so serious; No manifest intention to defy the law & officers enforcing it.
Chapter Five - PUBLIC DISORDERS ARTICLE 152. PERSONS IN AUTHORITY AND AGENTS OF PERSONS IN AUTHORITY WHO SHALL BE DEEMED AS SUCH PERSON IN AUTHORITY any person directly vested with jurisdiction, whether as an individual or QuickTime and a TIFF some (Uncompressed) decompressor as a member of court or governmental are needed to see this picture. corporation, board or commission. They include: a. Barangay captain b. Barangay chairman For the purposes of Art. 148 and 151: a. Teachers b. Professors c. Persons charged with the supervision of public or duly recognized private schools, colleges and universities ARTICLE 153. TUMULTS AND OTHER DISTURBANCES OF PUBLIC ORDER TUMULTUOUS DISTURBANCE OR INTERRUPTION LIABLE TO CAUSE DISTURBANCE
TUMULTS AND OTHER DISTURBANCES: 1. Causing any serious disturbance in a public place, office or establishment; 2. Interrupting or disturbing public performances, functions, gatherings or peaceful meetings, if the act is not included
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ACTS PUNISHABLE: 1. Discharging any firearm, rocket, firecracker, or other explosive within any town or public place, calculated to cause alarm or danger. 2. Instigating or taking 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 amusement. 4. Causing any disturbance or scandal in public places while intoxicated or otherwise, provided the act is not covered by Art 153 (tumult). NOTES: Charivari is a mock serenade or discordant noises made with kettles, tin horns etc., designed to deride, insult or annoy. Firearm must not be pointed at a person, otherwise, it is illegal discharge of firearm (Art. 254). What governs is the result, not the intent of the offender.
ACTS PUNISHABLE: Publishing or causing to be published, by means of printing, lithography or any other means of publication as news any false QuickTime and a (Uncompressed) decompressor news that TIFF may endanger the public order, are needed to see this picture. or cause damage to the interest or credit of the State. 1. 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. 2. Maliciously publishing or causing to be published any official resolution or document without proper authority, or
ARTICLE 156. DELIVERING PRISONERS ELEMENTS: 1. That there is a person confined in a jail or penal establishment; 2. That the offender removes therefrom such person, or helps the escape of such person. NOTES: Prisoner may be detention prisoner or one sentenced by virtue of a final judgment. Escapee, if already serving final judgment, will in turn be held liable for evasion of sentence (Art. 157).
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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 (destierro included); and 3. That he evades the service of his sentence by escaping during the term of his sentence. NOTES: This is a continuing offense. This article does not apply to minor delinquents, detention prisoners, or deportees. If the offender escaped within the 15-day appeal period, crime is not evasion because judgment is not yet final. Circumstances qualifying the offense: QuickTime and a Evasion ofTIFF sentence was done through: (Uncompressed) decompressor are needed to see this picture. unlawful entry (by scaling); breaking doors, windows, gates, walls, roofs or floors; using picklocks, false keys, disguise, deceit, violence or intimidation; or connivance with other convicts or employees of the penal institution.
ART. 160. COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR ANTOHER PREVIOUS OFFENSE - PENALTY NOTE: this article provides for quasi-recidivism ELEMENTS: 1. That the offender was already convicted by final judgment of one offense; and 2. That he committed a new felony before beginning to serve such sentence or while serving the same. NOTES: Quasi-recidivism is a special aggravating circumstance where a person, after having been convicted by final judgment, shall QuickTime before and a commit a TIFF new felony beginning to (Uncompressed) decompressor needed to see this picture. serve such are sentence, or while serving the same. Second crime must belong to the RPC, not special laws. First crime may be either from the RPC or special laws. The aggravating circumstance of reiteracion, on the other hand, requires that the offender shall have served out his sentence for the prior offense.
ARTICLE 161. COUNTERFEITING THE GREAT SEAL OF THE GOVERNMENT OF THE PHILIPPINE ISLANDS, FORGING THE SIGNATURE OR STAMP OF THE CHIEF EXECUTIVE ACTS PUNISHABLE: 1. Forging the great seal of the Government; 2. Forging the signature of the President; or 3. Forging the stamp of the President. NOTE: When the signature of the President is forged, it is not falsification but forging of signature under this article.
ARTICLE 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; and 3. That he used the counterfeit seal or forged signature or stamp.
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ARTICLE 164. MUTILATION OF COINS IMPORTATION AND UTTERANCE OF MUTILATED COINS This has been repealed by PD 247. ACTS PUNISHABLE (PD 247): 1. willful defacement 2. mutilation QuickTime and a 3. tearing TIFF (Uncompressed) decompressor are needed to see this picture. 4. burning 5. destruction of Central Bank notes and coins NOTES: Mutilation is to take off part of the metal either by filing it or substituting it for another metal of inferior quality, to diminish by ingenious means the metal in the coin.
ARTICLE 166. FORGING TREASURY OR BANK NOTES, OBLIGATIONS AND SECURITIES; IMPORTING AND UTTERING FALSE OR FORGED NOTES, OBLIGATIONS AND SECURITIES ACTS PUNISHABLE: 1. Forging or falsification of treasury or bank notes or documents payable to bearer; 2. Importing of such notes; or 3. Uttering of such false or forged obligations and notes in connivance with forgers and importers.
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ARTICLE 169. HOW FORGERY IS COMMITTED HOW FORGERY IS COMMITTED: a. by giving to a treasury or bank note or any instrument payable to bearer or to order, the appearance of a true and genuine document; b. by erasing, substituting, counterfeiting, altering by any means the figures, letters or words, or signs contained therein. If all acts are done but genuine appearance is not given, the crime is frustrated. P.D. No. 247 punishes the willful defacement, mutilation, tearing, burning, or destruction in any manner of currency notes or coins issued by the Central Bank of the Philippines.
ELEMENTS: 1. That there be an instrument payable to order or other document of credit not payable to bearer; 2. That the offender either forged, imported or uttered such instruments; and 3. That in case of uttering, he connived with the forger or importer. ARTICLE 168. ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR BANK NOTES AND OTHER INSTRUMENTS OF CREDIT
ARTICLE 170. FALSIFICATION OF LEGISLATIVE DOCUMENTS ELEMENTS: 1. That there be a bill, resolution, or ordinance enacted or approved or pending approval by Congress or any provincial board or municipal council; 2. That the offender (any person) alters the same; 3. That he has no proper authority therefor; and 4. That the alteration has changed the meaning of the document. Accused must not be a public official entrusted with the custody or possession of such document, otherwise Art. 171 applies. There can be no falsification through reckless imprudence as that will be inconsistent with the element of intent to cause damage in said crime.
Elements: QuickTime and a TIFF (Uncompressed) decompressor 1. That any treasury or bank note or certificate are needed to see this picture. or other obligation and security payable to bearer, or any instrument payable to 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; and 3. That he performs any of these acts: a. using any of such forged or falsified instruments, or
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any
COUNTERFEITING ELEMENTS: 1) That there be an intent to imitate, or an attempt to imitate; and 2) That the two signatures or handwritings, the genuine and the forged, bear some resemblance, to each other. Lack of similitude/imitation of genuine signature will not be ground for conviction under par. but such is not an impediment conviction under par. 2. a a 1 to
b. Causing it to appear that persons have participated in an act or a proceeding 1. That the offender caused it to appear in a document that a person or persons participated in an act or a proceeding 2. That such person did not in fact participate in the act or proceeding c. Attributing to persons who have participated in any act or proceeding statements other than those in fact made by them. 1. That a person or persons participated in an act or a proceeding 2. That such person or persons made statements in that act or proceeding; and 3. That the offender, in making a document, attributed to such person or persons statements other than those in fact made by such person or persons statements in a
PERSONS WHO MAY BE HELD LIABLE 1. Public officer, employee, or notary public who takes advantage of his official position 2. Ecclesiastical minister if the act of falsification may affect the civil status of persons 3. Private individual, if in conspiracy with public officer
ELEMENTS: 1. That the offender makes in a document statements in a narration of facts 2. That he has a legal obligation to disclose the truth of the facts narrated by him 3. That the facts narrated by the offender are absolutely false;
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h. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry or official book. This involves a genuine document There is no crime of attempted or frustrated falsification of public document. If offender does not take advantage of his public position, he may still be liable for falsification of documents by a private person under Art. 172. It is not necessary that what is falsified is a genuine or real document. It is enough that it gives an appearance of a genuine article. DOCUMENT - any written statement by which a right is established or an obligation is extinguished COUNTERFEITING intent or attempt to imitate FEIGNING - to represent by false appearance when no original exists
Enemecio v. Office of the Ombudsman, GR 146731, 1/13/04 As the Ombudsman correctly pointed out, Enemecio failed to point to any law imposing upon Bernante the legal obligation to disclose where he was going to spend his leave of absence. Legal obligation means that there is a law requiring the disclosure of the truth of the facts narrated. Bernante may not be convicted of the crime of falsification of public document by making false statements in a narration of facts absent any legal obligation to disclose where he would spend his vacation leave and forced leave. e. Altering true dates. Date must be essential Alteration mujst affect veracity of document or effects f. Making any alteration or intercalation in a genuine document which changes its meaning. ELEMENTS: 1. That there be an alteration (change) or intercalation (insertion) on a document 2. That it was made on a genuine document 3. That the alteration or intercalation has QuickTime and a a document changed the meaning of TIFF (Uncompressed) decompressor are needed to see this picture. the document 4. That the change made speak something false g. Issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists, or including in such copy a statement contrary to, or different from, that of the genuine original.
ARTICLE 172. FALSIFICATION BY PRIVATE INDIVIDUALS AND USE OF FALSIFIED INSTRUMENTS ELEMENTS OF FALSIFICATION OF PUBLIC, OFFICIAL, OR COMMERCIAL DOCUMENT BY A PRIVATE INDIVIDUAL (par 1): 1. That the offender is a private individual or a public officer or employee who did not take advantage of his official position; 2. That he committed any of the acts of falsification enumerated in ART. 171; 3. That the falsification was committed in any public or official or commercial document. Under this paragraph, damage is not essential, it is presumed. Lack of malice or criminal intent may be put up as a defense under this article. The following writings are public: a. written official acts or records of acts of the sovereign authority, official bodies and tribunals, and of the public officers, legislative, judicial and executive, whether of the Philippines or of a foreign country; b. Documents acknowledged before notary public except last wills and testaments;
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ELEMENTS OF USE OF FALSIFIED DOCUMENT (par. 3, art. 172): Introducing in a judicial proceeding 1. That the offender knew that a document was falsified by another person. 2. That the false document is embraced in art. 171 or in any subdivisions nos. 1 and 2 of art. 172. 3. That he introduced said document in evidence in any judicial proceeding. Use in any other transaction 1. That the offender knew that a document was falsified by another person. 2. That the false document is embraced in art. 171 or in any of subdivision nos. 1 and 2 of art. 172. 3. That he used such documents (not in judicial proceedings). 4. That the use of the documents caused damage to another or at least was used with intent to cause such damage. The user of the falsified document is deemed the author of the falsification, if: 1. The use was so closely connected in time with the falsification, and 2. The user had the capacity of falsifying the document. FALSIFICATION OF PRIVATE DOCUMENTS Damage to third party is an element of the offense. FALSIFICATION OF PUBLIC/ OFFICIAL DOCUMENTS Damage to third persons is immaterial; what is punished is the violation of public faith and perversion of truth which the document proclaims.
ELEMENTS OF FALSIFICATION OF PRIVATE DOCUMENT: 1. That the offender committed any of the acts of falsification, except those in paragraph 7 and 8, enumerated in art. 171; 2. That the falsification was committed in any private document; and 3. That the falsification caused damage to a third party or at least the falsification was committed with intent to cause such damage . It is not necessary that the offender profited or hoped to profit A document falsified as a necessary means to commit another crime (complex crime) must be public, official or commercial. Hence, there is no complex crime of estafa through QuickTime and a falsification of a private document because the TIFF (Uncompressed) decompressor are needed to see this picture. immediate effect of the latter is the same as that of estafa. There is no falsification through reckless imprudence if the document is private and no actual damage is caused. If the estafa was already consummated at the time the falsification of a private document was committed for the purpose of concealing the estafa, the falsification is not punishable. As regards the falsification of the private
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ARTICLE 174. FALSE MEDICAL CERTIFICATES, FALSE CERTIFICATES OF MERIT OR SERVICE, ETC PERSONS LIABLE: 1. Physician or surgeon who, in connection with the practice of his profession, issued a
ARTICLE 177. USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS ACTS PUNISHABLE: 1. Usurpation of authority: By knowingly and falsely representing oneself to be an officer, agent or representative of any department or agency of the Philippine or any foreign government 2. Usurpation of official functions: By performing an act pertaining to any person in authority or public officer of the Philippines or foreign government under the pretense of such official position, and without being lawfully entitled to do so. NOTES: In usurpation of authority, the mere act of knowingly and falsely representing oneself is sufficient. It is not necessary that he performs an act pertaining to a public officer. There must be positive, express and explicit representation and not merely a failure to deny. Representation may be shown by acts. In usurpation of official functions, it is essential that the offender should have performed an act pertaining to a person in authority. A public officer may also be an offender. Note: the usurpation must pertain to a department or agency of the Philippine Government or any foreign government. Sec. 1 RA 75 punishes any person who shall falsely assume and take upon himself to act as a diplomatic, consular, or any other official of a foreign government duly accredited as such to the Government of the Republic of the Philippines with intent to defraud such foreign government or the Government of the Philippines; in addition to penalties imposed in RPC, the offender shall be fined not more than P5,000 or shall be imprisoned for not QuickTime and a (Uncompressed) decompressor more than TIFF 5 are years both. neededor to see this picture. If it can be proven that the usurpation of authority or official functions by accused was done in good faith or under cloth of authority, then the charge of usurpation will not apply. Ex. See Estrada v. Desierto Estrada v. Desierto, GR 156160, 12/9/04 Hefti was charged with Usurpation of Official Function for issuing a notice of distraint, a function of the BIR
ARTICLE 178. USING FICTITIOUS NAME AND CONCEALING TRUE NAME ELEMENTS OF USING FICTITIOUS NAME: 1. That the offender uses a name other than his real name; 2. That he uses that fictitious name publicly; 3. That the purpose of the offender is a. To conceal a crime, b. To evade the execution of a judgment, or c. To cause damage to public interest. Ex. Signing fictitious name for a passport ELEMENTS OF CONCEALING TRUE NAME: 1. That the offender conceals a. his true name, and b. all other personal circumstances; and 2. That the purpose is only to conceal his identity. USE OF FICTITIOUS NAME (178) Element of publicity must be present Purpose is to conceal a crime, to evade the execution of a judgment, or to cause damage to public interest CONCEALING TRUE NAME (178) Publicity not necessary Purpose is only to conceal identity
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PERSONS LIABLE: 1. Any person who uses any name different from the one w/ w/c he was registered at birth in the office of the local civil registry, or w/ w/c he was registered in the bureau of immigration upon entry, or such substitute name as may have been authorized by a competent court. Exempted from criminal liability are persons who use another name as a pseudonym solely for literary, cinema, television, radio, or other entertainment purposes and in athletic events; and 2. Any person who having been baptized with a name different from what was registered, or who had obtained judicial authority for use of an alias, or who uses a pseudonym, represents himself in any public or private document w/o stating or affixing his real or original name or aliases or pseudonym he is authorized to use. NOTES: A judicial authority must be first secured by a person who desires to use an alias. However, a common-law wife does not incur criminal liability under the Anti-Alias Law if she uses the surname of the man she has been living w/ for the past 20 years and has been introducing herself to the public as his wife. ARTICLE 179. ILLEGAL USE OF UNIFORMS OR INSIGNIA
ELEMENTS: 1. That there be a Criminal proceeding; 2. Offender testifies falsely under oath against the defendant therein; 3. Offender knows that it is false; and 4. The defendant against whom the false testimony is given is either acquitted or convicted in a final judgment. FALSE TESTIMONY - committed by a person who, being under oath and required to testify as to the truth of a certain matter at a hearing before a competent authority, shall deny the truth or say something contrary to it NOTES: Violation of this article requires criminal intent. Hence, it cannot be committed through negligence. The offender need not impute guilt upon the accused to be liable. The defendant must at least be sentenced to a correctional penalty or a fine, or must have been acquitted. The witness who gave false testimony is liable even if the court did not consider his testimony. Penalty depends upon sentence imposed on the defendant except in the case of a judgement of acquittal. Since Art. 180 does not prescribe the penalty where the defendant in a criminal case is sentenced to a light penalty, false testimony in this
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ELEMENTS: 1. That the offender makes use of insignia, uniform or dress; 2. That the insignia, uniform or dress pertains to an office not held by the offender or to a class of persons of which he is not a QuickTime and a member; and TIFF (Uncompressed) decompressor are needed to see this picture. 3. That said insignia, uniform or dress is used publicly and improperly. NOTES: An exact imitation of the dress or uniform is unnecessary; a colorable resemblance calculated to deceive is sufficient The term improperly means that the offender has no right to use the uniform or insignia.
ARTICLE 181. FALSE TESTIMONY FAVORABLE TO THE DEFENDANT NOTES: False testimony by negative statement is still in favor of the defendant. False testimony in favor of defendant need not directly influence the decision of acquittal nor benefit the defendant(intent to favor defendant sufficient) A statement of mere opinion is not punishable. Conviction or acquittal is not necessary (final judgment is not necessary), but gravity of crime in principal case should be shown A defendant who voluntarily goes up on the witness stand and falsely imputes to another person the commission of the offense is liable under this article. If he merely denies the commission of the offense, he is not liable. Rectification made spontaneously after realizing mistake is not false testimony (Not liable if there is no evidence that accused acted with malice or criminal intent to testify falsely) The penalty in this article is less than that which is provided in the preceding article because there is no danger to life or liberty of the defendant.
ARTICLE 183. FALSE TESTIMONY IN OTHER CASES AND PERJURY IN SOLEMN AFFIRMATION
ELEMENTS: 1. That an accused made a statement under oath or made an affidavit upon a material matter; 2. That the statement or affidavit was made before a competent officer, authorized to receive and administer oath; 3. That in that statement or affidavit, the accused made a willful and deliberate assertion of a falsehood; and 4. That the sworn statement or affidavit containing the falsity is required by law. Two (2) Ways Of Committing Perjury: a. by falsely testifying under oath b. by making a false statement NOTES: Subornation of perjury is committed if a person procures another to swear falsely and the witness suborned does testify under circumstances rendering him guilty of perjury. This is now treated as plain perjury, the one inducing another as principal by inducement and the one induced as principal by direct participation. Solemn affirmation refers to non-judicial proceedings and affidavits. A false affidavit to a criminal complaint may give rise to perjury. A matter is material when it is directed to prove a fact in issue. A competent person authorized to administer an oath means a person who has a right to inquire into the questions presented to him upon matters under his jurisdiction. There is no perjury through negligence or imprudence since the assertion of falsehood must be willful and deliberate. Even if there is no law requiring the statement to be made under oath, as long as it is made for a legal purpose, it is sufficient. Perjury is an offense which covers false oaths other than those taken in the course of judicial proceedings.
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ARTICLE 181. FALSE TESTIMONY IN CIVIL CASES ELEMENTS: 1. That the testimony must be given in a civil case; 2. That the testimony must relate to the issues presented in said case; QuickTime and afalse; 3. That the testimony must be TIFF (Uncompressed) decompressor are needed to see this picture. be given by the 4. That the false testimony must defendant knowing the same to be false; and 5. That the testimony must be malicious and given with an intent to affect the issues presented in the said case. This article is not applicable when testimony is given in a special proceeding. In this case, the crime is perjury.
ART. 184. OFFERING FALSE TESTIMONY IN EVIDENCE ELEMENTS: 1. That the offender offered in evidence a false witness or false testimony; 2. That he knew the witness or the testimony was false; and 3. That the offer was made in a judicial or official proceeding. NOTES: This article applies when the offender, without inducing another but knowing him to be a false witness, presented him and the latter testified falsely in a judicial or official proceeding. The felony is consummated the moment a false witness is offered in any judicial or official proceeding. Looking for a false witness is not punished by law as that is not offering a false witness. The false witness need not be convicted of false testimony. A mere offer to present him is sufficient.
ELEMENTS OF ATTEMPTING TO CAUSE BIDDERS TO STAY AWAY: 1. That there be a public auction; 2. That the accused attempted to cause the bidders to stay away from that public auction; 3. That it was done by threats, gifts, promises, or any other artifice; and 4. That the accused had the intent to cause the reduction of the price of the thing auctioned. NOTES: The crime is consummated by the mere act of soliciting a gift or promise for the purpose of abstaining from taking part in any public auction. The threat need not be effective nor the offer or gift accepted for the crime to arise. Execution sales should be opened to free and full competition in order to secure the maximum benefit for the debtors.
ARTICLE 185. MACHINATIONS IN PUBLIC QuickTime and a AUCTIONS TIFF (Uncompressed) decompressor
are needed to see this picture.
ACTS PUNISHED: 1. Conspiracy or combination to prevent free competition in the market 2. Monopoly to restrain free competition in the market 3. Manufacturer, producer, or processor or importer combining, conspiring or agreeing with any person to make transactions prejudicial to lawful commerce or to increase the market price of merchandise NOTES: Combination to prevent free competition in the market - By entering into a contract or agreement or taking part in any conspiracy or combination in the form of a trust or otherwise, in restraint of trade or commerce or to prevent by artificial means free competition in the market; It is enough that initial steps are taken. It is not necessary that there be actual restraint of trade.
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ELEMENTS OF MACHINATIONS IN PUBLIC AUCTIONS: 1. That there be a public auction; 2. That the accused solicited any gift or a promise from any of the bidders; 3. That such gifts or promise was the consideration for his refraining from taking part in that public auction; and
ACTS PUNISHABLE: 1. By (a) substituting the trade name (t/n) or trademark (t/m) of some other manufacturer or dealer or a colorable imitation thereof, for the t/n or t/m of the real manufacturer or dealer upon any article of commerce; and (b) selling the same. 2. By selling or by offering for sale such article of commerce, knowing that the t/n or t/m has been fraudulently used. 3. By using or substituting the service mark of some other person, or a colorable imitation of such marks, in the sale or advertising of services. 4. By printing, lithographing or reproducing t/n, t/m or service mark of one person, or a colorable imitation thereof, to enable another person to fraudulently use the same, knowing the fraudulent purpose for which it is to be used. TRADE-NAME OR TRADE-MARK is a word or words, name, title, symbol, emblem, sign or device, or any combination thereof used as an advertisement, sign, label, poster, or otherwise, for
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ACTS PUNISHED: 1. Unfair competition by selling his goods, giving them the general appearance of the goods of another manufacturer or dealer. 2. Fraudulent designation of origin by (a) affixing to his goods or using in connection with his services a false designation of origin; or any false description or representation, and (b) selling such goods or services. 3. Fraudulent registration by procuring fraudulently from the patent office the registration of t/m, t/m or service mark. ELEMENTS OF UNFAIR COMPETITION: 1. That the offender gives his goods the general appearance of the goods of another manufacturer or dealer; 2. That the general appearance is shown in the (a) goods themselves, (b) wrapping of their packages, (c) device or words therein, or in (d) any other feature of their appearance; 3. That the offender offers to sell or sells those goods or gives other persons a chance or opportunity to do the same with a like purpose; and 4. That there is actual intent to deceive the public or defraud a competitor. UNFAIR COMPETITION: consists in employing deception or any other means contrary to good faith by which any person shall pass off the goods manufactured by him or in which he deals, or his business, or services for those of the one having established goodwill, or committing any acts calculated to produce such result Unfair Competition Infringement of trademark or trade name Limited range Identified a peculiar symbol or mark with his goods and thereby has acquired a property right in such symbol or mark Sells goods on which trademark is affixed
Broader, more inclusive Identified in the mind of the public whether or not a mark or trade name is employed Gives his goods the general appearance of the goods of another
ARTICLE 189. UNFAIR COMPETITION, FRAUDULENT REGISTRATION OF TRADE NAME, TRADEMARK, OR SERVICE MARK, FRAUDULENT DESIGNATION OF ORIGIN, AND FALSE DESCRIPTION * Superseded by RA 8293, the Intellectual Property Code, Jan. 1, 1998.
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Articles 190-194 of the Revised Penal Code are repealed by Republic Act No. 6425 The Dangerous Drugs Act of 1972 which took effect on March 30, 1972 (Sec. 42), as amended by PD No. 1683 and further amended by RA No. 7659
THE DANGEROUS DRUGS ACT OF 2002 (R. A. NO. 9165, repealing R. A. NO. 6425 and RPC provisions on crimes related to opium and other prohibited drugs)
Policy 1. Campaign against Drugs and Protection of State 2. Balance Medicinal Purpose 3. Rehabilitation
ACTS PUNISHABLE: 1. Importation of dangerous drugs (even for floral, decorative and culinary purposes) and/or controlled precursors and essential chemicals Qualifying circumstance: a. If the importation was through the use of a diplomatic passport, diplomatic facilities or any other means involving the offenders official status. b. Organizes, manages or acts as a financier The protector or coddler is also liable. 2. Sale, administration, delivery, distribution and QuickTime and a TIFF (Uncompressed) decompressor transportation of dangerous drugs are needed to see this picture. Qualifying circumstances: a. Within 100 meters from a school; b. If minors/mentally incapacitated individuals are used as runners, couriers and messengers of drug pushers; c. If the victim of the offense is a minor, or should a prohibited/regulated drug involved in any offense under this section
OPIUM DIVE OR RESORT: place where dangerous drug and/or controlled precursor and essential chemical is administered, delivered, stored for illegal purposes, distributed, sold or used in any form (To be habitual prior conviction, reputation of place) 4. Being employees or visitors of drug den who are aware of the nature of such place For the employee who is aware of nature of place and any person who knowingly visits such place A person who visited another who was smoking opium shall not be liable if the place is not an opium dive or resort 5. Manufacture of dangerous drugs and/or controlled precursors and essential chemicals Aggravating circumstance: Clandestine lab is undertaken under the following circumstances: 1. Any phase conducted in presence or with help of minors 2. Established/undertaken within 100m of residential, business, church or school premises
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Elements of possession of opium: (RA 6425) 1. occupancy or taking 2. intent to possess What is punished is present possession, not past possession It is not necessary to allege in information that accused is not authorized to possess opium
CHEMICAL DIVERSION: sale, distribution, transport of legitimately imported, in-transit, manufactured or procured controlled precursors or essential chemicals to any person or entity engaged in manufacture of dangerous drug and concealment of such transaction through fraud, destruction of documents, fraudulent use of permits, misdeclaration, use of front companies or mail fraud 7. Manufacture or delivery of equipment, instrument, apparatus, and other paraphernalia for dangerous drugs and/or controlled precursor and essential chemicals Acts Punishable: 1. deliver 2. possess with intent to deliver 3. manufacture with intent to deliver the paraphernalia, knowing, or under circumstances where one reasonably should know Qualifying circumstance - use of a minor or a mentally incapacitated individual to deliver QuickTime and a TIFF (Uncompressed) decompressor such equipment, instrument, apparatus or other are needed to see this picture. paraphernalia 8. Possession of dangerous drugs, regardless of the degree of purity Penalties are graduated to the amount of drugs (the only violation where quantity matters) The kinds of drugs have different respective amounts for the graduation of penalties
of equipment, instrument, 9. Possession apparatus and other paraphernalia fit for introducing dangerous drugs into the body Possession of such equipment = Prima facie evidence that possessor has used a dangerous drug and shall be presumed to have violated Sec. 15, use of dangerous drug. The possession of PARAPHERNALIA is absorbed by USE of dangerous drug. Qualifying circumstance: Party, social gathering, or in the proximate company of at least 2 persons.
10. Use of dangerous drugs Must be found positive after a confirmatory test st 1 conviction minimum of 6 mos. of rehabilitation 2nd conviction imprisonment and fine Where the accused is also found to be in possession of dangerous drugs, this Section shall not apply. Sec. 11, possession of dangerous drugs, shall apply. Hence, USE is subsumed by POSSESSION. Ex. If the offender is caught with possession of paraphernalia, possession of dangerous drugs and use of dangerous drugs, the offense is POSSESSION OF DANGEROUS DRUGS. 11. Cultivation or culture of plants which are dangerous drugs or are sources thereof
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Qualifying circumstance: 1) The land is part of the public domain 2) Organizes, manages or acts as financier 12. Failure to keep of original records transactions of dangerous drugs
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Persons liable: practitioner, manufacturer, wholesaler, importer, distributor, dealer, or retailer The additional penalty of revocation of his license to practice his profession in case of a practitioner, or of his or its business license in case of manufacturer, seller, importer, distributor or dealer, shall be imposed.
13. Unnecessary prescription of dangerous drugs Person Liable: Practitioner who shall prescribe any dangerous drug for any person whose physical/physiological condition does not require the use of thereof or in the dosage therein.
Also Punishable ATTEMPT AND CONSPIRACY TO COMMIT THE FOLLOWING OFFENSES: a. Importation of dangerous drugs and/or controlled precursor and essential chemical, b. Sale, trading, administration, dispensation, QuickTime and a TIFF (Uncompressed) and decompressor delivery, distribution transportation of are needed to see this picture. dangerous drugs and/or controlled precursor and essential chemical, c. Maintenance of a den, dive or resort for dangerous drugs, d. Manufacture of dangerous drugs and/or Scontrolled precursor and essential chemical, and e. Cultivation or culture of plants which are sources of dangerous drugs.
OTHER PERSONS LIABLE: 1. Public officer or employee who misappropriates, misapplies or fails to account for confiscated, seized, or surrendered dangerous drugs, plant sources of dangerous drugs, etc. 2. Any elective local or national official who have benefited from the proceeds of trafficking of dangerous drugs or have received any financial/material contributions or donations from natural or juridical persons guilty of drug trafficking. 3. If the violation of the Act is committed by a partnership, corporation, association or any judicial person, the partner, president, director, or manager who consents to or knowingly tolerates such violation shall be held criminally liable as co-principal. 4. Partner, president, director, manager, officer or stockholder, who knowingly authorizes, tolerates, or consents to the use of a vehicle, vessel, or aircraft as an instrument in the importation, sale, delivery, distribution or transportation of dangerous drugs, or to the use of their equipment, machines or other instruments in the manufacture of any dangerous drugs, if such vehicle, vessel, aircraft, equipment, or other instrument, is owned or under the control and supervision of the partnership, corporation, association or judicial entity to which they are affiliated. 5. Any person who is found guilty of planting any dangerous drugs and/or controlled precursor and essential chemicals, regardless of quantity or purity (penalty of death). 6. Any person violating a regulation issued by the Dangerous Drugs Board 7. Any person authorized to conduct drug test who issues false or fraudulent drug test results knowingly, willfully or through gross negligence. 8. Any government officer tasked with the prosecution of drug-related cases under this Act who delays or bungles the prosecution. For the purpose of enforcing the provisions of this Act, all school heads, supervisors and teachers shall be deemed to be persons in authority and, as such, are vested with the power to
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B. The privilege of suspended sentence may be availed of only once. C. If the minor violates any of the conditions of his suspended sentence, rules of the Board, or rules of the center, the court shall pronounce judgment of conviction and he shall serve sentence as any other convicted person. D. Upon promulgation of sentence, the court may, in its discretion, place the accused under probation, or impose community service in lieu of imprisonment.
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Submit to PDEA Forensic Lab for examination Issue certification of exam results under oath; provided, if the volume is too large, provisionally issue partial report, stating quantities still to be examined; provided further, issue final certification within next 24 hours. Court ocular inspection. Destruction (through PDEA); provided, retain representative sample. Board to issue sworn certification of destruction. Submit certification and representative sample to the court. Accused or the person/s from whom confiscated, or representative, media, DOJ, civil society groups and any elected public official
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Trial prosecutor to inform the Board of final termination of case. Request the court for leave to turn over representative samples to PDEA. Destruction
Alleged offender or his representative shall be allowed to personally observe all of the proceedings and his presence shall not constitute an admission of guilt. In case the offender refuses or fails to appoint a representative after due notice in writing within 72 hours before the actual destruction, the SoJ shall appoint a member of the public attorneys office to represent the former.
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People v. Adam GR 143842, 10/13/03 Appellant is guilty of the crime of attempted sale of shabu. As gleaned from the testimony of the poseur-buyer, the appellant merely showed the bag containing the shabu and held on to it before it was confiscated. There is no evidence that the poseurbuyer talked about and agreed with the appellant on the purchase price of the shabu. There is no evidence that the appellant handed over the shabu to the poseur buyer.
People v. Yang, GR 148077, 2/16/04 The consummation of the crime charged herein may be sufficiently established even in the absence of an exchange of money. The offer to sell and then the sale itself arose when the poseur-buyer showed the money to appellant, which prompted the latter to show the contents of the carton, and hand it over to the poseur-buyer. Mere showing of the said regulated drug does not negate the existence of an offer to sell or an actual sale. The absence of actual or completed payment is irrelevant, for the law itself penalizes the very act of delivery of a dangerous drug, regardless of any consideration. Payment of consideration is likewise immaterial in the distribution of illicit drugs. People v. Chua, GR 149878, 7/1/03 In a prosecution for illegal possession of a dangerous drug, mere possession of a regulated drug without legal authority is punishable under the Dangerous Drugs Act. Lack of criminal intent or good faith does not exempt appellants from criminal liability. People v. Cadley, GR 150735, 3/15/04 A prior surveillance is not a prerequisite for the validity of an entrapment or buy- bust operation, the conduct of which has no rigid or textbook method.
(Repealed Art. 195-199 RPC, PD 483 betting law, and PD 449 cockfighting law) PENALTY Prision correccional, medium or fine ranging from P1,000 to P6,000 ACTS PUNISHED 1. Any person who shall directly or indirectly take part in any illegal or unauthorized activities or games of:
In case of recidivism: (1) Cockfighting, jueteng, Prision mayor, medium or fine jai-alai or horse racing QuickTime and a ranging from P5,000 to include bookie TIFF (Uncompressed) decompressor are needed to see this picture. to P10,000 operations and game fixing, numbers, bingo and other forms of lotteries (2) Cara y cruz, pompiang and the like (3) 7-11 and any game using dice
Lottery: Requisites: 1. Consideration 2. Chance 3. Prize/advantage/inequality in amount value which is in the nature of prize
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NOTES: Distribution of prizes by chance No lottery where there is full value of money(criminal case-Olsen), but if inducement to win prize is reason for purchase/subscription/others then even if full value for money is receivedstill lottery(Administrative Code, postal law-El Debate) Proof that game took place or is about to take place is not necessary; burden of evidence is shifted to accused to show that his possession is lawful or is not connected with jueteng game; but proof to the contrary is necessary when jueteng lists pertain to games played on other dates MAINTAINER person who sets up and furnishes means to carry on gambling or scheme CONDUCTOR person who manages or carries on gambling game or scheme ART. 196: IMPORTATION, SALE AND POSSESSION OF LOTTERY TICKETS OR ADVERTISEMENTS (ALREADY REPEALED)
NOTES: Playing for money is not a necessary element. The laws purpose is to prohibit absolutely those games. Any other games if with wager of money, articles, or value are at stake or made Individual/team contests: game-fixing, pointshaving, other machinations
P.D. No. 483: BETTING, GAME-FIXING OR POINT-SHAVING AND MACHINATIONS IN SPORT CONTESTS
NOTES: BETTING - betting money or any object or article of value or representative of value upon the result of any game, races and other sports contests
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NOTES: Permitting gambling of any kind in cockpit is punished under the same Decree (Owner, manger or lessee of cockpit that permits gambling shall be criminally liable) Spectators in cockfight are not liable unless he participates as bettor
ART. 198: ILLEGAL BETTING ON HORSE RACES (ALREADY REPEALED) NOTES: Gambling in all its forms, unless allowed by law, is generally prohibited. The prohibition does not mean that the Government cannot regulate it in the exercise of police power. There are particular days where Cockfighting and Horse Racing are allowed. Betting in Horse Races is allowed during periods provided by law but betting in cockfights is prohibited at all times. Sports Contests: Betting, Game-fixing, PointShaving, Game Machinations prohibited
Holding of Cockfights Cockfighting shall be QuickTime and a allowed only in licensed cockpits: TIFF (Uncompressed) decompressor are needed to see this picture. 1. Sundays 2. Legal Holidays, except: December 30, June 12, November 30, Holy Thursday, Good Friday, Election or Referendum Day and during Registration Days for such election or referendum 3. During local fiestas for not more than 3 days 4. Provincial, city or municipal agriculture, commercial or industrial fair, carnival or exposition for a similar period of three days
ART. 202: VAGRANTS AND PROSTITUTES Who are considered VAGRANTS: 1. Those who have no apparent means of subsistence and who have the physical ability to work yet neglect to apply themselves to some useful calling; 2. Persons found loitering around public and semi-public places without visible means of support; 3. Persons tramping or wandering around the country or the streets with no visible means of support; 4. Idle or dissolute persons lodging in houses of ill-fame; 5. Ruffians or pimps and those who habitually associate with prostitutes (may include even the rich); and 6. Persons found loitering in inhabited or uninhabited places belonging to others, without any lawful or justifiable reason,
ART. 203: WHO ARE PUBLIC OFFICERS Requisites: To be a public officer, one must be 1. Taking part in the performance of public functions in the Government, or performing public duties as an employee, agent or subordinate official, of any rank or class, in the government or any of its branches; and 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 the law, or b. by popular election, or c. by appointment by competent authority. NOTES: Public officers include every public servant from the lowest to the highest rank provided that they exercise public functions. A government laborer is not a public officer. However, temporary performance by a laborer of public functions makes him a public officer. Malfeasance Misfeasance Doing of an act which a public officer should not have done Improper doing of an act which a person might lawfully do Failure of an agent to perform his undertaking for the principal
Persons liable: 1. Mendicant Those with no visible and legal means of support, or lawful employment and physically able to work but neglects to apply himself to lawful calling and instead uses begging as means of living (higher penalty if convicted 2 or more times) 2. Any person who abets mendicancy by giving alms on public roads, sidewalks, parks and bridges except if given through organized agencies operating under rules and regulations of Ministry of Public Information NOTE: Giving alms through organized agencies operating under the rules and regulations of the Ministry of Public Information is not a violation of the Mendicancy Law. Under R.A. 9344 persons below eighteen (18) years of age shall be exempt from prosecution QuickTime and a TIFF (Uncompressed) decompressor and prostitution under for the crime of vagrancy are needed to see this picture. Section 202 of the Revised Penal Code, of mendicancy under Presidential Decree No. 1563, and sniffing of rugby under Presidential Decree No. 1619, such prosecution being inconsistent with the United Nations Convention of the Rights of the Child:
Nonfeasance
Misfeasance: 1. Knowingly rendering unjust judgment 2. Rendering judgment through negligence 3. Rendering unjust interlocutory order 4. Malicious delay in the administration of justice Nonfeasance: 1. dereliction of duty in prosecution of offenses
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ART. 204: KNOWINGLY RENDERING AN UNJUST JUDGMENT Elements: 1. That the offender is a judge; 2. That he renders a judgment in the case submitted to him for decision; 3. That the judgment is unjust; and 4. That the judge knows that the decision is unjust. NOTES: A judgment is a final consideration and determination by a court of competent jurisdiction of the issues submitted to it in an action or proceeding. An unjust judgment is one which is contrary to law, or not supported by the evidence, or both. An unjust judgment may result from: 1. error (w/ bad faith) 2. ill-will or revenge 3. bribery There must be evidence that the decision rendered is unjust. It is not presumed. Knowingly deliberately or maliciously, conscious and deliberate intent to do an injustice; (no liability if error in good faith) Abuse of discretion or mere error of judgment QuickTime and a cannot likewise serve as basis for rendering TIFF (Uncompressed) decompressor are needed to see this picture. an unjust judgment in the absence of proof or an allegation of bad faith (motive or improper consideration).
ART. 206: UNJUST INTERLOCUTORY ORDER Elements: 1. That the offender is a judge; and 2. That he performs any of the following acts: a. knowingly renders an unjust interlocutory order or decree, or b. renders a manifestly unjust interlocutory order or decree through inexcusable negligence or ignorance. INTERLOCUTORY ORDER - one issued by the court deciding a collateral or incidental matter; it is not a final determination of the issues of the action or proceeding
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; and 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. NOTE: Mere delay without malice is not punishable.
ART. 208: PROSECUTION OF OFFENSES; NEGLIGENCE AND TOLERANCE Acts punishable: 1. By maliciously refraining from instituting prosecution against violators of the law 2. By maliciously tolerating the commission of offenses
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ART. 205: JUDGMENT RENDERED THROUGH NEGLIGENCE Elements: 1. That the offender is a judge;
b. by inexcusable negligence or ignorance. 2. Revealing any of the secrets of his client learned by him in his professional capacity. Here, damage is not necessary. 3. Undertaking the defense of the opposing party in the same case, without the consent st of his 1 client, after having undertaken the defense of a client or having received confidential information from said client.
ART. 210: DIRECT BRIBERY Elements: 1. That the offender be a public officer; 2. That the offender accepts an offer or promise or receives a gift or present by himself or through another; 3. That such offer or promise be accepted or gift/present received by the public officer (Mere agreement consummates the crime and delivery of consideration is not necessary) a. with a view to committing some crime; b. in consideration of an execution of an act which does not constitute a crime, but the act must be unjust; (contemplates an accepted gift, and an overt act) c. to refrain from doing something which is his official duty to do; (should not be a crime) 4. That the act which the offender agrees to perform or which he executes be connected with the performance of his official duties. (need not be a statutory duty) NOTES: For purposes of this article, temporary performance of public functions is sufficient to constitute a person a public officer. A private person may commit this crime only in the case in which custody of prisoners is entrusted to him. Applicable also to assessors, arbitrators, appraisal and claim commissioners, experts or any other person performing public duties. This felony cannot be frustrated. It may only be attempted or consummated.
ART. 209: BETRAYAL OF TRUST BY AN ATTORNEY OR SOLICITOR REVELATION OF SECRETS Acts punishable: 1. Causing damage to client either a. by any malicious breach professional duty, or
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Bribery exists when the gift is: 1. voluntarily offered by a private person
BRIBERY (210) When the victim has committed a crime and gives money/gift to avoid arrest or prosecution.
ROBBERY (294) When the victim did not commit a crime and he is intimidated with arrest and/or prosecution to deprive him of his personal property. Victim parts with his money Victim is deprived of or property voluntarily. his money or property by force or intimidation. QuickTime and a
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Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction or act requiring the approval of a board, panel, or group of which he is a member, and which exercises discretion in such approval, even if he votes against the same or does not participate in the action of the board, committee, panel or group. Knowingly approving or granting any license, permit, privilege, or benefit in favor of any person not qualified for or not legally entitled to such license, permit, privilege, or advantage, or of a mere representative or dummy of one who is not so qualified or entitled. Divulging valuable information of a confidential character, acquired by his office or by him on account of his official position to unauthorized persons, or releasing such information in advance of its authorized release date.
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g. Entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby. In determining whether the contract was manifestly and grossly disadvantageous, it is not merely consideration of the pecuniary amount involved. (Justice QuickTime and a TIFF (Uncompressed) decompressor Peralta)
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Any person having family or close personal relation with any public official who shall capitalize or exploit or take advantage of such family or close personal relation by directly or indirectly requesting or receiving any present, gift, or material, or pecuniary advantage from any person having some business, transaction, application, request, or contract with the government in which such public official has to intervene (Sec. 4) Any person who shall knowingly induce or cause any public official to commit any of the offenses under (A). (Sec. 4) Spouse or any relative, by consanguinity or rd civil degree, of the affinity, within the 3 President of the Philippines, the Vice-President, the President of the Senate, or Speaker of the House of Representatives, who shall intervene, directly or indirectly, in any business transaction, contract or application with the government (Sec. 5). This prohibition shall not apply to: 1. Any person who, prior to the assumption of office of any of the above officials to whom he is related, has been already dealing with
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h. Directly or indirectly having financial or pecuniary interest in any business, contract or transaction in connection with which he intervenes or take part in his official capacity, or in which he is prohibited by the constitution or by any law from having any interest.
6. Any public officer who recommended the initiation in Congress of the enactment or adoption of any law or resolution and acquires or receives such interest during his incumbency. Unlawful for such member of Congress or other public officer, who, having such interest prior to the approval of such law or resolution authored or recommended by him, continues for 30 days after such approval to retain such interest.
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Any public officer who shall fail to file a true, detailed and sworn statement of assets and liabilities within 30 days after assuming office and th thereafter on or before the 15 day of April following the close of every calendar year, as well as upon the expiration of his term of office, or upon his resignation or separation from office (Sec. 7).
ART. 211: INDIRECT BRIBERY Elements: 1. That the offender is a public officer; 2. That he accepts gifts; and 3. That the said gifts are offered to him by reason of his office. NOTES: The gift is given in anticipation of future favor from the public officer. There must be clear intention on the part of the public officer to take the gift offered and consider the property as his own for that moment. Mere physical receipt unaccompanied by any other sign, circumstance or act to show such acceptance is not sufficient to convict the officer.
Prima Facie Evidence of and Dismissal Due to QuickTime and a TIFF (Uncompressed) Unexplained Wealth (Sec. 8) decompressor are needed to see this picture. 1. If a public official has been found to have acquired during his incumbency, whether in his name or in the name of other persons, an amount of property and/or money manifestly out of proportion to his salary and to his other lawful income. 2. Properties in the name of the spouse and dependents of such public official may be taken into consideration, when their
ARTICLE 211-A. QUALIFIED BRIBERY ELEMENTS: 1. That the offender is a public officer entrusted with law enforcement; 2. That he refrains from arresting/ prosecuting offender for crime punishable by reclusion perpetua and/or death (if lower penalty than stated above, direct bribery is the crime); and 3. In consideration of any offer, promise or gift.
ARTICLE 213. FRAUDS AGAINST THE PUBLIC TREASURY AND SIMILAR OFFENSES A. FRAUDS AGAINST PUBLIC TREASURY
ARTICLE 212. CORRUPTION OF PUBLIC OFFICIALS ELEMENTS: 1. That the offender makes offers or promises or gives gifts or presents to a public officer; and 2. That the offers or promises are made or the gifts or presents given to a public officer, under circumstances that will make the public officer liable for direct bribery or indirect bribery.
are needed to see this picture. The offender is the giver of the gift or the offeror of the promise. The act may or may not be accomplished. Bribery is usually proved by evidence acquired in entrapment Under PD 749, givers of bribes and other gifts as well as accomplices in bribery and other graft cases are immune from prosecution if they voluntarily give any information about any commission of direct, indirect, and qualified QuickTime and a TIFF (Uncompressed) decompressor
ELEMENTS: 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 (a) furnishing supplies (b) the making of contracts, or (c) the adjustment or settlement of account relating to a public property or funds; and 4. That the accused had intent to defraud the government. The felony is consummated by merely entering into an agreement with any interested party or speculator or by merely making use of any scheme to defraud the Government.
ARTICLE 215. PROHIBITED TRANSACTIONS ELEMENTS: 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; and 4. That he becomes interested in the transaction during his incumbency. Examples of transactions of exchange or speculation are buying and selling stocks, commodities, land, etc. wherein one hopes to take advantage of an expected rise or fall in price for gain or profit and not merely as investment Purchasing of stocks or shares in a company is simple investment and not a violation of the article. However, regularly buying securities for resale is speculation. Appointive public officials should not devote himself to commerce ARTICLE 216. POSSESSION OF PROHIBITED INTERESTS BY A PUBLIC OFFICER WHO ARE LIABLE: 1. Public officer who became interested in any contract or business in which it is his official duty to intervene. 2. Experts, arbitrators and private accountants who took part in any contract or transaction connected with the estate or property in the approval, distribution or adjudication of which they had acted. 3. Guardians and executors with respect to property belonging to their wards or the estate. Actual fraud is not necessary Intervention must be by virtue of public office held Act is punished because of the possibility that fraud may be committed or that the officer
ART. 214. OTHER FRAUDS ELEMENTS: 1. That the offender is a public officer; 2. That he takes advantage of his official position; and
DEFINITION OF ILL-GOTTEN WEALTH: Any asset, property, business enterprise or material possession of any person acquired by him directly or indirectly through dummies, nominees, agents, subordinates, and/or business associates by any combination or series of the following means or similar schemes: A. Through misappropriation, conversion, misuse or malversation of public funds or raids on the public treasury. B. By receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or any other form of pecuniary benefit from any person and/or entity in connection with any government contract or project or by reason of the office or position of the public officer concerned; C. By the illegal or fraudulent conveyance or disposition of assets belonging to the National Government or any of its subdivisions, agencies or instrumentalities or government-owned or controlled corporations and their subsidiaries; QuickTime and a D. By obtaining, receiving or accepting, directly TIFF (Uncompressed) decompressor are needed to see this picture. or indirectly, any shares of stock, equity or any other form of interest or participation, including the promise of future employment in any business enterprise or undertaking. E. By establishing agricultural, industrial or commercial monopolies or other combinations, and/or implementation of decrees and orders intended to benefit particular persons or special interests;
ESTRADA VS. SANDIGANBAYAN, GR NO. 148560, NOVEMBER 21, 2001 what is meant by combination and series of overt or criminal acts under the plunder law? When the plunder law speaks of combination, it is referring to at least two (2) acts falling under different categories of enumeration provided in sec. 1, par. (d). example: raids on the public treasury in sec. 1, par. (d), subpar. (1), and fraudulent conveyance of assets belonging to the national government under sec. 1 par. (d), subpar. (3). On the other hand, to constitute a series there must be two (2) or more overt or criminal acts falling under the same category of enumeration found in
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Chapter Four MALVERSATION OF PUBLIC FUNDS OR PROPERTY ARTICLE 217. MALVERSATION OF PUBLIC FUNDS OR PROPERTY ELEMENTS: 1. That the offender be a public officer (or private person if entrusted with public funds or if in connivance with public QuickTime and a officers); TIFF (Uncompressed) decompressor are needed to see this picture. 2. That he had the custody or control of funds or property (if not accountable for the funds, crime committed is theft or qualified theft); 3. That those funds or property were public funds or property (even if private funds, they become public if attached, seized, deposited or commingled with public funds); and 4. That he
ARTICLE 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 officer for public funds or property; and 3. That he must have 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 Philippines must be unauthorized or not permitted by law.
ARTICLE 220. ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY ELEMENTS OF TECHNICAL MALVERSATION: 1. That the offender is a public officer; 2. That there is public fund or property under his administration; 3. That such public fund or property has been appropriated by law or ordinance (without this, it is simple malversation) ; and 4. That he applies the same to a public use other than for which such fund or property has been appropriated by law or ordinance. To distinguish this article with Art 217 (malversation), in illegal use of public funds or property, the offender does not derive any personal gain, the funds are merely devoted to some other public use. Absence of damage is only a mitigating circumstance.
QuickTime and a People v. Hipol, GR 7/22/03 TIFF 140549, (Uncompressed) decompressor are needed to see this picture. The fact that the obligation to deposit the collections of the City Treasurer's Office is not covered by appellant's official job description is of no legal consequence in a prosecution for Malversation. What is essential is that appellant had custody or control of public funds by reason of the duties of his office.
ARTICLE 218. FAILURE OF ACCOUNTABLE OFFICER TO RENDER ACCOUNT FAILURE OF ACCOUNTABLE OFFICER TO RENDER ACCOUNT
ARTICLE 223. CONNIVING WITH OR CONSENTING TO EVASION ELEMENTS: 1. That the offender is a public officer (on duty); 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 escaped from his custody; and 4. That he was in connivance with the prisoner in the latters escape. DETENTION PRISONER - A person becomes a detention prisoner from the moment he is booked. This refers to the accomplishment of the booking sheet and made to fill a form (sic) where he is finger printed. From that time on, he is already a detention prisoner even if he is not yet incarcerated. (ApostThe ol) The release of a detention prisoner who could not be delivered to judicial authorities within the time fixed by law is not infidelity in the custody of a prisoner. Neither is mere leniency or laxity in the performance of duty constitutes of infidelity. There is real and actual evasion of service of sentence when the custodian permits the prisoner to obtain a relaxation of his imprisonment.
ARTICLE 222. OFFICERS INCLUDED IN THE PRECEDING PROVISIONS PERSONS LIABLE UNDER ART. 217 TO 221: 1. Private individual who, in any capacity, have charge of any national, provincial or municipal funds, revenue, or property. Example: a withholding tax agent 2. Administrator or depositary of funds or property that has been attached, seized or deposited by public authority, even if owned by a private individual. Sheriffs and receivers fall under the term administrator Judicial administrator not covered by this QuickTime and a article.(Appointed to administer estate of TIFF (Uncompressed) decompressor are needed to see this picture. deceased and not in charge of property attached, impounded or placed in deposit by public authority) Private property is included if it is attached, seized or deposited by public authority.
ARTICLE 224. EVASION THROUGH NEGLIGENCE ELEMENTS: 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; and 3. That such prisoner escapes through his negligence. NOTES: The article punishes a definite laxity which amounts to deliberate non-performance of a duty.
ARTICLE 225. ESCAPE OF PRISONER UNDER THE CUSTODY OF A PERSON NOT A PUBLIC OFFICER ELEMENTS: 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; and 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 is not applicable if a private person made the arrest and he consented to the escape of the person he arrested.
ARTICLE 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; and 4. That he breaks the seals or permits them to be broken. It is the breaking of the seals and not the opening of a closed envelope which is punished. Damage or intent to cause damage is not necessary; damage is presumed. ARTICLE 228. OPENING OF CLOSED DOCUMENTS ELEMENTS: 1. That the offender is a public officer;
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ARTICLE 226. REMOVAL, CONCEALMENT, OR DESTRUCTION OF DOCUMENTS ELEMENTS OF INFIDELITY IN CUSTODY OF DOCUMENTS: 1. That the offender be a public officer; 2. That he abstracts, destroys or conceals a QuickTime and a document or TIFFpapers; (Uncompressed) decompressor are needed to see this picture. 3. That the said document or paper should have been entrusted to such public officer by reason of his office; and 4. That damage, whether serious or not, to a third party or to the public interest should have been caused.
Article 229. Revelation of secrets by an officer. ELEMENTS OF PAR. 1 (SECRETS KNOWN BY REASON OF HIS OFFICIAL CAPACITY): 1. That the offender is a public officer; 2. That he knows of a secret by reason of his official capacity; 3. That he reveals such secret without authority or justifiable reasons; and 4. That damage, great or small, be caused to the public interest. Secret must affect public interest. Secrets of a private individual is not included. Espionage for the benefit of another State is not contemplated by the article. If regarding military secrets or secrets affecting state security, the crime may be espionage.
ELEMENTS: 1. That the offender is a public officer; 2. That he knows of the secret of a private individual by reason of his office; and 3. That he reveals such secrets without authority or justifiable reason. Revelation to one person is sufficient. If the offender is an attorney, he is properly liable under Art. 209 (betrayal of trust by an attorney). Damage to private individual is not necessary.
ARTICLE 231. OPEN DISOBEDIENCE. ELEMENTS: 1. That the offender is a judicial or executive officer; 2. That there is a judgment, decision or order of 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; and 4. That the offender without any legal justification openly refuses to execute the said judgment, decision or under which he is duty bound to obey. Judgment should have been rendered in a hearing and issued within proper jurisdiction and with all required legal solemnities.
ELEMENTS OF PAR. 2 (WRONGFULLY DELIVERING PAPERS OR COPIES OF PAPERS OF WHICH HE MAY HAVE CHARGE AND WHICH SHOULD NOT BE PUBLISHED): 1. That the offender is a public officer; 2. That he has charge of papers; 3. That those papers should not be published; 4. That he delivers those papers or copies thereof to a third person; 5. That the delivery is wrongful; and 6. That damage be caused to public interest. CHARGE means custody or control. If he is merely entrusted with the papers and not with the custody thereof, he is not liable under this article. If the papers contain secrets which should QuickTime and a TIFF (Uncompressed) decompressor not be published, and the public officer are needed to see this picture. having charge thereof removes and delivers them wrongfully to a third person, the crime is revelation of secrets. On the other hand, if the papers do not contain secrets, their removal for an illicit purpose is infidelity in the custody of documents. Damage is essential to the act committed.
ARTICLE 232. DISOBEDIENCE TO ORDER OF SUPERIOR OFFICER; WHEN SAID ORDER WAS SUSPENDED BY INFERIOR OFFICER. ELEMENTS: 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;
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ARTICLE 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; and 3. That the offender fails to do so maliciously. This felony involves a request from one public officer to another. Damage to the public interest or third party is essential. Demand is necessary. Demand must be from competent authority
ARTICLE 234. REFUSAL TO DISCHARGE ELECTIVE OFFICE. ELEMENTS: 1. That the offender is elected by popular election to a public office; 2. That he refuses to be sworn in or 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. If the elected person is disqualified, refusal to be sworn in or to discharge duties of the office is justified. Refusal to discharge the duties of appointive office is not covered by article.
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ELEMENTS: 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; and 4. That he has not taken his oath of office and/or given the bond required by law.
ARTICLE 235. MALTREATMENT OF PRISONERS. ELEMENTS: 1. That the offender is a public officer or employee; 2. That he has charge of a prisoner or detention prisoner (otherwise the crime is physical injuries); and ARTICLE 237. PROLONGING PERFORMANCE OF DUTIES AND POWERS.
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