Criminal Law

Bar 2011 Notes

Roland Glenn T. Tuazon
Ateneo de Manila University
TABLE OF CONTENTS:
1. FUNDAMENTAL PRINCIPLES AND FELONIES
2. CIRCUMSTANCES AFFECTING LIABILITY
3. PERSONS CRIMINALLY LIABLE
4. PENALTIES
5. MODIFICATION AND EXTINCTION OF CRIMINAL LIABILITY
6. AGAINST NATIONAL SECURITY
7. AGAINST FUNDAMENTAL LAWS OF THE STATE
8. AGAINST PUBLIC ORDER
9. AGAINST PUBLIC INTEREST
10. RELATIVE TO OPIUM AND OTHER DRUGS
11. AGAINST PUBLIC MORALS
12. COMMITTED BY PUBLIC OFFICERS
13. AGAINST PERSONS
14. AGAINST PERSONAL LIBERTY AND SECURITY
15. AGAINST PROPERTY
16. AGAINST CHASTITY
17. AGAINST CIVIL STATUS
18. AGAINST HONOR
19. CRIMINAL NEGLIGENCE
ANNEX I: CIVIL INDEMNITY RATES
RPC BOOK ONE
FUNDAMENTAL PRINCIPLES AND FELONIES
Preliminary
What is the nature of felonies?
o All felonies in RPC are public wrongs, as distinguished from
private wrongs, the latter of which is just a breach of duty or
contract of two private parties.
o Although the State has power to prosecute persons for private
crimes, the law gives the victim the privilege of not instituting
actions for private crimes: adultery, seduction, abduction, etc.
There must be a complaint initiated by the offended party.
Ratio: to protect the latter from shame and humiliation. (Juan
de Penas v. P; 16 SCRA 871)
o Under RA 8353, the marriage of the offender and the offended
party will extinguish criminal liability of the accused. Rape is
no longer a private crime. (Art. 344 of RPC) it is now a crime
against persons.
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Can there be common law crimes in the Philippines?
o No. There are no common law crimes in the Philippines, unlike
England and the U.S. There are laws there which define
crimes but do not provide penalties. BUT in the Philippines,
we follow nullum crime nulla poena sine lege.
What are the sources of criminal law?
o RPC, SPL, municipal ordinances.
What about administrative regulations? May these partake of
nature of criminal law?
o YES. Requisites: 1) violation of admin regulation must be
made a crime by the delegating statute. 2) Penalty for violation
must be provided by the statute itself.
o An administrative regulation implementing a penal statute has
effect of penal law if it complies with the two requirements.
Are judicial decisions by the SC penal laws?
o No.
o Article 8 of NCC: judicial decisions interpreting the Constitution
forms part of the legal system of the Philippines. But decisions
of the SC interpreting criminal statutes are not penal laws per
se they are merely interpretative.
What are examples of laws in Philippine criminal law that follow
the positivist theory?
o 1. ISL
The ISL was approved to uplift and improve human
life. Not focused on the person as a criminal, but the
law takes into account economic usefulness of
offended and excessiveness of deprivation of liberty.
o 2. Habitual delinquency law
o The State is concerned not just with protective social order
against criminal acts, but also redeeming the individual for
social ends. Not just retribution, but reformation.
What is the principle of generality?
o Art 14 of the NCC: Penal laws apply to all those who live or
sojourn in the Philippines, subject to international law or treaty
stipulations.
How does international law become domestic law, under the 1987
Constitution?
o Either by transformation or incorporation.
o Transformation requires that the I-law be transformed into
domestic law; ex. local legislation
o Incorporation international law is part of the law of the land.
Immunities from criminal prosecution by certain individuals:
o 1. Covered by the VCDR or exempted by treaties/laws or
preferential application
Principle is par in parem non habet imperium suing
them is tantamount to suing the State they represent
Who are the diplomats covered? Classified into four:
A) ambassadors, ambassadors extraordinary
B) ministers and papal internuncios
C) ministers-residents
D) charges-de-affaires
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This principle is inviolable; they are not subject to
local penal laws. They are immune from arrest and
prosecution for violation for local laws.
But one may be temporarily restrained if he commits
acts that threaten public order. The State may simply
request for recall of the diplomat he will still not be
prosecuted locally. Patemi v. U.S. (C.A. 1963, District
of Columbia)
X is a citizen of Iran, but is also an honorary
consul. He was caught in possession of drugs. Is
he exempt from prosecution?
HELD: A consul is not exempt from criminal
prosecution for violation of the penal laws of
a country where he is assigned to. He is not
entitled to any immunity or diplomatic
privileges under the VCDR. The nature of
job of consuls, vice-consuls, or consuls-
general is commercial in nature.
Exception: when there is an agreement
between the Philippines and the sending
country. But the exemption is not based on
the nature of his position.
Except: immunity does not cover suits in personal
and private capacity as an ordinary citizen
The RP and ADB entered into an agreement
under which officers and staff members
enjoy immunity from legal processes and
prosecution, with respect to acts performed
in their official capacity, except when the
bank waives the immunity. In this case, the
ADB officer committed grave oral
defamation, which is ultra vires. He is not
immune. This is not covered by immunity
because he was not performing his duty.
(Liang v. People)
o 2. RA 7055 Members of the AFP and officers charged with
service-connected offenses
Who are officers and members of the AFP?
Article 1: members of AFP, those subject to
military law, members of the Citizens Armed
Forces Geographical Units (CAFGU)
What is the general rule?
Civilian courts have jurisdiction over crimes
committed by members of the AFP.
EXCEPTION: service-connected offenses
(provided in RA 7055) fall under courts-
martial
Civilian court determines before arraignment
when the crime is service-connected
Is it possible for a service oriented crime to be
tried by civilian courts?
YES. The President, before arraignment, in
the interest of justice, may refer the crime to
a civilian court as long as it is covered by the
RPC or any other SPL.
What about Members of the PNP?
They are covered by RA 6975. Civilian
courts have jurisdiction over them because
the PNP is civilian in character.
o 3. Immunity under law/transactional immunity
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Transactional immunity is statutory immunity from
criminal prosecution as granted by law (Tanchangco
v. Sandiganbayan)
Omnibus Election Code one who reports to the
COMELEC any incident of vote buying or vote selling,
and he testifies for prosecution: he is entitled to
immunity, even if he took part in such crime. Sec 261
of OEC.
P.D. 749 immunity granted to those furnishing
information re: violation of bribery, indirect bribery,
corruption of public officers
Art. 2: territoriality principle
What is covered by the territory of the Philippines?
o Phil. archipelago, atmosphere, interior waters, maritime zone
UNCLOS
o Territorial sea is up until 12 nautical miles
o Contiguous zone: up until 24 nautical miles
States may exercise control even within this area to
prevent and punish infringement of customs,
immigration, fiscal, sanitary laws within territory or
territorial seas
The was an English vessel in Phil. territory, not in transit. Accused
was smoking opium on the ship.
o HELD: Convicted. The SC followed the English rule, because
he was smoking within Phil. territory. This had pernicious
effect on Phil. territory (disturbs the peace) so it was not a
matter of mere internal management of the vessel.
Differentiate the English from the French rule:
o English (territorial) the territorial State has jurisdiction, except
when it merely concerns internal management of the vessel.
o French (flag) the flag of registration has offense, as long as it
does not disturb the peace.
A person in a Philippine ship, in Vietnamese waters, got drunk and
shot three people. He was not prosecuted in Vietnam. Can the
Philippines prosecute him?
o Yes, the Philippines may exercise jurisdiction. Although
following the English rule, which we adhere to, it must be
Vietnam that exercises jurisdiction, since Vietnam did not
exercise jurisdiction, there is nothing preventing the Philippines
from deviating from English rule.
o Rule: the territorial State has priority. If it fails to do so, the
Philippines may act under Art. 2.
In the D.D.A., mere attempt to transport marijuana is a crime. Can
Philippine officials board the vessel to prosecute those on board?
o Relate this to UNCLOS if a commercial vessel passes by the
territorial sea. General rule: the ship cannot be boarded. But
the UNCLOS said that the criminal law of a State may not be
enforced on board the vessel to prosecute individuals, except if
measures are necessary to suppress illegal traffic of narcotic
drugs.
What is the nature of the high seas?
o Free for all.
o Is it possible that a crime was committed beyond the
territorial sea, but yet, when the vessel enters Phil.
territorial sea, can it be prosecuted?
Yes, if it is a continuing crime.
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o Can Philippines legislate on crimes applying to the high
seas?
Yes, for instance, P.D. 532 Piracy.
Pirates wanted to unload the oil from a vessel.
They boarded the ship within Phil. Waters, which
went to Singapore, and unloaded the oil to
another vessel in the high seas. Can they be
prosecuted here?
Yes, they can be prosecuted for piracy even
if the crime was committed in Singapore,
because the crime began in the Philippines.
It continued to Singapore.
What are the exceptions to the territoriality rule of criminal law?
o 1. Commission of an offense in a Philippine ship or airship
But technically this is not an exception, because
Philippine ships or airships are part of Philippine
territory
Nationality of the ship depends on its registration
o 2. Forging or counterfeiting Philippine coins or notes or
government securities
o 3. Introduction into the Philippines of the forged/counterfeited
notes, coins, or government securities
Rationale for #2 and #3: to protect economic security
of the Philippines
o 4. Public officers and employees who commit an offense in the
exercise of their duties
o 5. Commission of any of the crimes against national security
and the law of nations
i.e. treason, espionage, provoking or disloyalty during
war, piracy, mutiny
Purpose of penal laws involving national security is to
protect the domestic order and crimes against
national and economic security of the Philippines.
The law is designed to protect not only the national
and economic security of the country, and should
reach beyond the boundaries of the Philippines,
wherever they may be found.
Art. 3: felonies
What are the two components of felonies by dolo?
o 1. Act and omission punishable by law (physical act)
o 2. Mens rea (intent)
For felonies by dolo, one is not criminally liable if
there is no criminal intent.
What about culpa?
o Not intent, but negligence, imprudence, lack of foresight, or
lack of skill
May one be criminally liable for crimes of omission?
o YES. The following must concur:
1. There is a positive duty provided by law
2. Accused acted voluntarily to not do a positive duty
3. Criminal intent in refusing to do it
o Examples: misprision of treason, prevaricacion (Art. 208 of
RPC), fraud on treasury
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What is mistake of fact and its implications?
o Recall: People v. Achong.
o If there is mistake of fact, then there is no criminal intent. One
is not culpable for dolo.
o The one invoking it must act with good faith.
o If he acts with negligence, such as when he is negligent in
ascertaining the true state of facts, he may be liable for felony
by culpa.
o Not a valid defense for felony by culpa or by SPL.
What is abberatio ictus and its implications?
o This is mistake in the victim of the blow. There is still criminal
liability, which is generally increased (because it either
becomes a complex crime or two separate crimes against
the intended and the real victim).
o Can treachery apply to abberatio ictus?
Yes, because if the accused fired at his intended
target but missed, the victims are helpless to defend
themselves.
What is error in personae and its implications?
o This is mistake in the identity. It may or may not lower criminal
liability depending on the crime committed and if the intended
crime is of equal or different gravity.
o Ex. X intended to kill Y, but instead killed his father, Z by
mistake. Instead of homicide, it became parricide. In this
case, Art. 49 will govern: error in personae becomes mitigating
(apply maximum period of homicide as penalty).
What is praeter intentionem and its implications?
o The accused did not intend to commit so grave a wrong as that
committed. This is a mitigating circumstance under Art. 13.
o But if the means used to commit the desired crime would also
logically and naturally bring about the actual felony, praeter
intentionem does not apply.
What is the rule on specific intent felonies?
o In specific intent felonies, the prosecution must prove beyond
reasonable doubt the specific intent. But sometimes, specific
intent may be presumed.
Ex. intent to kill must be proved. One can presume
this, for instance, from the mere fact that the victim
died from a deliberate act. But for attempted or
frustrated homicide, intent to kill is not presumed and
must be proved.
Ex. intent to gain in theft. One is found in possession
of recently stolen property there is a presumption.
o Criminal intent can be presumed from the commission of a
delictual act.
Must motive be proved for dolo?
o Not in general. Motive is not an essential element of crime.
But there are instances where motive is a prerequisite to
conviction of accused.
Political crimes If the crime committed, for instance
murder, is in pursuance of political motive in rebellion
or coup detat, it is absorbed by the crime.
Death by exceptional circumstances killed wife
and paramour who were having sexual intercourse.
Not criminally liable for homicide, if motive is to
avenge dishonor. But if he killed the wife for some
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other motive, and not due to exceptional
circumstances, then he is criminally liable.
o Motive, however, is useful when there is doubt whether the
accused committed the crime or as regards the identity of the
accused
When is criminal intent not needed to commit a crime?
o 1. Culpa
o 2. Crimes malum prohibitum
Is reckless imprudence under Art. 365 a felony under Art. 3? (It is a
quasi-offense.)
o Yes. (Rafael Reyes Trucking v. P)
o Note the difference: Under Art. 3, culpa is mode of committing
a crime, while in Art. 365, culpa itself is the crime punished,
thus it is a felony.
o Does mistake in the identity of the victim constitute
reckless imprudence?
No. Mistake in identity is not culpa.
Ex. Policemen were trying to arrest an escapee, and
they saw a man sleeping. They thought the man was
the escapee. HELD: The felony was dolo, not culpa,
because the killing was deliberate.
o May there be a crime of reckless imprudence through
frustrated homicide?
No. Frustrated homicide requires intent to kill. This is
incompatible with recklessness, negligence, or
imprudence.
o Can there be conspiracy resulting from negligence?
There can be no conspiracy resulting from
negligence, because conspiracy is the product of
deliberate agreement evincing intent.
o If the information charges an intentional felony but what is
proved is culpable felony, can the accused be convicted?
Yes, because the greater includes the lesser offense
(Quizon v. Justice of the Peace)
o Can more than one person be liable for killing the same
person, one by dolo and one by culpa?
Yes.
3 people went to carnival. X was mentally retarded.
Y poured gasoline on X. Z lit a match and burned X.
HELD: Y who poured gasoline was liable for reckless
imprudence resulting in homicide. He should have
anticipated that after pouring gasoline, someone
could light a match lack of foresight. Z is liable for
felony by dolo deliberate act. (P v. Pugay)
Are crimes punishable by SPLs automatically crimes malum
prohibitum?
o Not all. Some can be malum in se.
o A. Plunder is malum in se, for three reasons:
1. Although defined by SPL, it is malum in se because
the crimes constitutive of plunder are mala in se.
Under the law, mitigating and extenuating
circumstances are applicable to plunder.
2. The predicate crimes are punishable by RP to
death.
3. Plunder is inherently immoral and wrong.
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o B. Sec. 27B of the Omnibus election code: a member of the
BEI who tampers with election results.
The crime is malum in se, although the crime is
defined by SPL. It is inherently immoral and wrong to
tamper with election results.
Give examples of SPLs that are malum prohibitum:
o A. Possession of unlicensed firearm.
But mere transient possession in RA 8294 is not a
crime: there must be intent to possess, not mere
possession.
Can the use of unlicensed firearm be an
aggravating circumstance?
Yes. RA 8294 provides that it is an
aggravating circumstance.
o B. Violation of Trust Receipts law
o C. Anti-fencing Law
No need to prove intent to gain
Can one be liable for both a felony and a SPL for one delict?
o Yes.
o Ex. One issued a check for a transaction which bounced.
Liable for BP 22 AND liable for estafa.
o Ex. One pretended to be a licensed recruiter. Liable for both
illegal recruitment and estafa.
Can one be liable for crime defined by SPL, commit another felony
and then become liable for a special complex crime?
o Yes. The anti-carnapping law (RA 6539). If the offender kills
the driver or occupant to take the car, he is guilty of special
complex crime of carnapping with murder.
May a felony by dolo or culpa absorb a crime which is malum
prohibitum?
o No, a felony by dolo or culpa cannot absorb a malum
prohibitum crime.
Two persons went to the public forest and cut timber, which is a
violation of the Forestry Code. They were convicted, on basis of
conspiracy. The court ruled that they were guilty to conspire to
violate the Forestry Code. Is the SC decision correct? Can there
be conspiracy to commit malum prohibitum?
o No. The SC is wrong. Under Art. 8, they must agree to commit
a crime (felony). Thus, this does not apply to malum
prohibitum. (Tigoy v. P)
Art. 4: felonies and impossible crimes
Par.1 natural and logical consequence of felonies
What is the rule on liability for those who have committed a
felony?
o That person is liable for natural (ordinary course of things) and
logical (reasonable connection) consequences of his criminal
act
o The act must be the proximate cause of the effect.
o What is proximate cause?
The cause, which in its natural and continuous
sequence, unbroken by any efficient intervening
cause, produces the injury and without which the
result would not occurred
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And that cause may cause another thing to occur,
which produces the injury
o Which circumstances do not affect the existence of
proximate cause?
1. Pre-existing condition of the victim (pathological)
2. Negligence of doctor
3. Refusal to get medical help or delay in getting it
o When is something not the proximate cause of the effect?
1. There is an active force that intervened between
the felony committed and the death of the victim,
2. The resulting injury or damage is the intentional act
of the victim.
Examples where even if the resulting wrongful act was different from
the offenders intention, he is liable for that resulting act
o Inserted vibrator in anal orifice of victim. It was rusty so the
victim died (Complex crime of sexual assault with homicide
under RA 8353)
o Accused robbed a store and to shut up the woman inside, he
jammed a pan de sal in her mouth. She died by asphyxiation.
Convicted of robbery with homicide.
o The kidnap victim died from a heart attack due to fear. The
accused is liable for kidnapping with homicide.
o Accused robbed victim of belongings, the victim ran away and
jumped in the river. She drowned. Accused is liable since he
created a sense of fear in the mind of the victim.
o Even if the doctor is negligent, but the accused inflicted mortal
wounds on the victim, the negligence of the doctor is NOT an
active intervening force that exculpates the accused.
But there are times the doctors acts are exculpatory.
Ex. Victim was brought to the hospital, but the doctor
was so intoxicated, he gave the victim poison instead
of medicine. The doctor was liable.
Is it possible that two persons are liable for the death of the same
person even if there is no conspiracy?
o Yes. Two persons went to a bar, did not know each other, sat
on different tables. They saw an annoying person. One
person stabbed him. The other, not knowing that the first one
stabbed him too, stabbed him again. Both wounds were
mortal.
o Both are liable for homicide.
An accused committed reckless imprudence, and due to this, two
people died. Can he be prosecuted for reckless imprudence
resulting to double homicide? May reckless imprudence result
into a complex crime?
o YES, because reckless imprudence is a felony under Art. 3
and Art. 48 talks about felonies as component crimes.
What is the relevant presumption under Rule 131, Sec 5(c) of the
Rules of Evidence?
o A person is presumed to contemplate the ordinary
consequences of his acts, and expect those.
But intent is an internal act. How do you determine this?
o Through circumstances of the case.
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Does Art. 4, par. 1 regarding liability for natural and logical
consequences apply to culpable felonies?
o No.
o Par. (1) is specific: it refers only to delitos.
o NOTE: Boado has a different opinion, noting that delitos
means felony in general, which can include culpable felonies.
The classic example she gives is person X jumping off a
building to commit suicide, but does not die because he lands
on Y, who dies. X is liable for the death of Y even if committing
suicide is not a crime per se.
What will apply to culpable felonies?
o Article 365 of the RPC applies.
o The offender is liable for whatever damage or injury caused by
him.
Par. 2 impossible crimes
What are the elements of an impossible crime?
o 1. The offender performed an act which would be an offense
against persons or property
o 2. He performed the act with criminal intent
o 3. Accomplishment of the act is inherently impossible or the
means employed were inadequate or ineffectual
Differentiate factual or physical impossibility from legal
impossibility:
o Factual or physical impossibility
There is intent and performance but no
accomplishment due to extraneous circumstances
that makes accomplishment impossible.
The factual condition must be unknown to the
offender.
What if the person knew the factual condition?
There is no crime and there is no impossible
crime.
Ex. offender accepted goods which he believed to
have been stolen, but which were not, in fact stolen
Ex. offender offers a bribe to someone he believes is
a public officer, but is in fact not
Ex. offender believed his gun was loaded, pointed it
as his wife, and pulled the trigger. But it was empty.
Ex. Intod v. CA fired guns into empty bedroom,
because the intended victim was out of town
Ex. Jacinto v. P Sales agent, instead of turning
over the check to employer, gave it to a relative. The
check bounced. HELD: impossible crime, because at
the time the petitioner stole the check, there were no
funds in the bank.
Problem with this case: A) What about
postdated checks? B) Does not the check
(paper) itself have some value?
o Legal impossibility
There is intent and performance of a crime, but the
consequence could not result into a crime.
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Even when completed, it would not amount to a
crime.
Ex. Stole a watch that turned out to be his.
Ex. Offender saw a naked woman lying on the beach.
He inserted his penis into his vagina. It turned out
she was dead. Impossible crime, because you
cannot rape a dead person.
Is an impossible crime a crime?
o No. But it is still punished because the law intends to punish
criminal inclinations/tendencies.
What is the penalty for impossible crimes?
o Under Art. 59 of the RPC, the imposable penalty for impossible
crime is arresto mayor (correctional penalty).
o What is the potentially inequitable situation arising from
this penalty?
Supposing I saw a person on a bed, and I punched
him. He sustained slight PI. But he turned out to be
dead, so it was an impossible crime.
Under Art. 266(3) of the RPC the penalty is arresto
menor for slight PI. But for an impossible crime, the
penalty is arresto mayor. So if that person were alive,
the penalty would be less than if he were dead!
Art. 5: Duty of courts to report
When does the courts duty to report to the President, through the
DOJ, apply?
o 1. Acts which are not punishable by law, but should be
o 2. Clearly excessive punishment
o NOTE: in these cases, the court must still render the proper
decision notwithstanding the report.
Remedy is executive clemency, in case of excessive
penalties.
The court can simply recommend, but not impose
clemency, because its still the Executives
prerogative.
Article 5 does not apply to crimes defined by SPL, because of the use of
the words degree of malice, etc.
This brings to mind B.P. 22, in relation to A.C. 12-2000, as clarified by
A.C. 13-2001:
o S.C. noticed that people are using the courts as collection
agencies and are clogging up dockets
o So S.C. issued a circular dissuading people from filing B.P. 22,
and for judges to just impose fines
A.O. 08-2008, issued 25 Jan. 2008
o Libel imposable penalty is imprisonment or fine
o According to the S.C., preference is fine over imprisonment
Art. 6: Stages of consummation
When is a crime consummated?
o When all the acts necessary for its accomplishment and
executive are present.
o The accused has reached the objective stage of the offense as
he no longer has control of his acts, having performed all that
is necessary to accomplish the purpose.
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In general, all the felonies in Book II are consummated crimes.
What is the exception?
o Attempted or frustrated robbery with homicide
Why do we punish attempted stages?
o Attempts are punished because there is just as much need to
reform a person who has unsuccessfully attempted to commit
a crime
What are the elements of an attempted crime?
o 1. Commenced execution directly, by overt acts
There must be an overt, external act and there is
crime intended to be committed
There is direct connection to crime intended to be
committed must have an immediate and necessary
connection.
Ex. Merely opening a hole in the wall of a
bank is not yet attempted robbery because
there is no overt act evincing robbery yet. At
most, its attempted trespass.
It can be the first of a series of acts that would
produce the intended crime, as long as the intended
crime is established or known
Differs from preparatory acts, which are just means or
measures necessary to produce the desired end.
Ex. surveillance
Ex. buying poison
Ex. conspiracy and proposal, unless the law
punishes the conspiracy/proposal per se
o 2. But offender did not complete all acts of execution to
produce the felony
Still at the subjective phase of the commission of
crime still has full control of acts, and has not
completed the needed acts yet
Is he is still in the subjective phase and he desists
from committing the crime, is he liable?
NO. He is not liable.
The reason for desisting need not be legal or
moral. It could be remorse or fear as long
as he desists voluntarily.
But if he desists during the objective stage,
there is no exculpation
But may he be liable for any other felony already
committed apart from that desisted from?
Yes.
o 3. Due to cause or accident other than spontaneous
desistance
What are the elements of a frustrated crime?
o 1. All the acts of execution needed to produce the felony are
present
So in the same way, the objective stage has been
reached
o 2. But it was not produced by reason of causes independent of
the perpetrators will
When does frustrated homicide/murder exist?
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o It is not enough to wound the other person. The wound
inflicted must be mortal. If it is not mortal, then it is a mere
attempt.
o Even if the accused believed that he inflicted a mortal wound,
but he did not, it is merely attempted, not frustrated. The
nature of the wound controls, not the belief of the person.
What are crimes where no frustrated stages exist?
o 1. Rape
As long as the penis enters the labia majora, it is
already consummated
It is not the mere entry; the SC said that the entry
must be in relation with the intent to have carnal
knowledge of the woman
If it is just in the mons pubis just attempted.
(Bombardment of the drawbridge, even if the troops
do not successfully enter the castle. If no intent, just
acts of lasciviousness.)
o 2. Sexual assault
By analogy
o 3. Robbery
One is liable for consummated robbery if one takes
possession of the personal property of the other,
however brief it may be.
o 4. Theft
No more frustrated theft, under same ratio: no need to
have disposed of stolen property
o 5. Adultery
Essence of the crime is sexual congress: so same
principle as in rape applies
o 6. Felonies by omission
No attempted or frustrated stage
o 7. Falsification of public document
There is no attempted or frustrated falsification of
public document unless the falsification is so
imperfect.
o 8. Arson
The moment burning occurs, even for a small portion
only, the offense is consummated
All overt acts prior to burning: attempted stage
o 9. Corruption of public officials
When the offer is accepted by the public officer, then
the offense is consummated
When the offer is rejected, then it is just an attempt
What are formal crimes?
o Those that are always consummated because the offender
cannot perform all the acts necessary to consummate the
offense without consummating it.
o Examples of formal crimes?
1. Physical injuries
Since their punishment is based on result
and gravity of injury
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2. Slander
The moment the words are uttered and
heard by third persons, the crime is
consummated.
Is there attempted or frustrated culpa?
o No.
What if what was charged was the frustrated stage and only the
attempted crime was proved. Can an accused be convicted?
o Yes, the frustrated stage necessarily includes the attempted
stage. Same with consummated crimes and
attempted/frustrated stages.
Art. 7: light felonies
What are light felonies?
o Those infractions of law where the penalty is arresto menor or
fine not exceeding 200 pesos
When are light felonies punishable?
o Only when they have been consummated
o Except those against persons or property
How do you categorize reckless imprudence resulting into slight
PI?
o The crime of reckless imprudence is a light felony, under the
last paragraph of Art. 9 of the RPC. Punishable only by public
censure.
Who are punishable for light felonies?
o Only principals and accomplices.
o Accessories are not liable because light felonies are
punishable with arresto menor and accessories are penalized
two degrees lower than the principal, which is non-existent in
this case.
Art. 8: conspiracy and proposal
When is there conspiracy?
o When two or more persons come to an agreement concerning
the commission of a felony and they decide to commit it.
What is proposal?
o A person who has decided to commit a felony proposes its
execution to some other person or persons.
Is conspiracy or proposal a felony?
o No. Conspiracy under article 8 is not a felony, because there
is no penalty provided by law.
o Article 8 is thus a mode of incurring criminal liability.
o Enumerate at least two felonies punished pursuant to
Article 8 as a felony per se:
Conspiracy to commit treason
Conspiracy to commit rebellion
o For the above acts, the mere conspiracy is punishable. But the
moment they actually commit treason or rebellion, conspiracy
loses its juridical personality and it becomes a mere mode to
commit a crime.
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What is required to prove a conspiracy?
o Same degree of proof to establish the crime, in order to
prevent finding someone guilty of a crime except proof beyond
reasonable doubt.
o But it can be proved by indirect proof, such as inferences from
acts of the accused before, during, and after the commission of
the crime.
o These acts must indubitably point to or indicate a joint purpose,
concerted action, and singular interest.
What is required to be done in order to become a co-conspirator?
o Intentional participation in the transaction with a view to
furthering the common design.
o Except when one is a mastermind, he must perform some
overt art as a direct/indirect contribution to the crimes
execution. The overt act can be active participation, moral
assistance by being present at the scene of the crime, or
exerting moral ascendancy.
o But merely being present is not sufficient to prove conspiracy;
it must be shown that there is intent to provide moral support,
etc.
What are the two types of conspiracy?
o 1. Express conspiracy
There is prior agreement
A conspirator is liable as long as he appeared in the
scene of the crime.
Except when he is the mastermind, where it doesnt
matter whether he appears or not, since he is a
principal by inducement
Degree of actual participation is immaterial: all
conspirators adopt the acts of the others
o 2. Implied conspiracy
Deduced from the acts of the offenders. The
agreement to pursue a common design and the unity
of purpose is instantaneous.
It is essential that the conspirator participated in the
commission of the crime. Mere presence is not
enough because mere presence does not prove intent
to join the commission of the crime, without prior
agreement.
Three kinds of special conspiracy:
o 1. wheel conspiracy there is one person (hub) and his
underlings (stokes)
We have this. The others, not yet recognized.
o 2. chain conspiracy using legitimate enterprise to distribute
narcotics
Ex. drugs
o 3. enterprise conspiracy Racketeer Influenced and Corrupt
Organizations (RICO)
What is the kind of conspiracy and connivance contemplated in
Article 157?
o This is the situation where a convict or a person who escapes
in connivance with another person.
o The conspiracy or connivance in connection with the crime
committed here is an essential condition for the commission of
said crime, in connection with Art. 223 of the RPC. The
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penalty is prision correccional in maximum period instead of
medium and maximum period.
What are the characteristics of conspiracy?
o 1. Singularity of intent
o 2. Unity in the execution of the unlawful objective
Does Art. 8 apply to SPLs?
o Generally, no; it does not apply to crimes defined in SPL.
However, if the SPL provides that conspiracy to commit a
crime under that law is a crime in itself, then it is.
Ex. DDA, Sec. 26: conspiracy to commit any of those
crimes enumerated in that section is a crime by itself
(sale, importation, distribution and conspiracy to do
such)
Ex. Access device regulation, Sec. 11: conspiracy to
commit access devise fraud is a crime
Ex. Anti-terrorism law: conspiracy to commit terrorism
is a crime punishable with 40 years of imprisonment
o If there is no provision in the SPL, Art. 8 can be considered a
mode to commit that crime.
Two or more persons who conspire to commit a crime
of BP 22 liable under Art. 8 of the RPC (Andan v. P)
Recall the controversial Tigoy case re: conspiracy to
violate the Forestry Code
Does Article 4, par. 1 apply to Article 8?
o Yes. Each conspirator is responsible for everything done by his
confederates, which follow incidentally in the execution of the
common design, as one of its probable and natural
consequences even though not intended as part of the original
design.
o Conspirators are held to have intended the consequences of
their act, by engaging in conspiracy. So, liability extends to
collateral acts incident to and growing out of the conspiracy.
o X and Y agreed to rob the victim only. But he resisted and
X killed the victim. What crime did X and Y commit?
HELD: All the conspirators, thus both X and Y, are
guilty of robbery with homicide.
o What if one of the co-conspirators (ex. robbers) prevented
the others from committing the extra act of homicide or
rape?
HELD: He is only liable for robbery only, and not
homicide and rape. It does not matter if he succeeds
in preventing them of not.
o X, Y, and Z committed robbery. After they all escaped, X a
car and carnapped it after.
HELD: Only he was liable for carnapping because its
not intended as part of the plan and is not incidental
to the common design.
Conspirators are necessarily liable for the acts of
another conspirator unless such act differs radically
and substantively from that which they intended to
commit.
Conspiracy continues until the object is attained. Conspiracy is a
continuing event, unless in the meantime, they abandon the conspiracy
or the conspirators are arrested.
X and Y agreed to commit robbery and decided to commit it. X
stabbed the victim and ran. Y did not run, and he was caught.
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Defense: he was not guilty of the crime, because he desisted when
he did not run. Is the defense tenable?
o HELD: The mere failure or refusal to flee after the commission
of the crime does not amount to a disavowal of the conspiracy.
There must be an overt act to disassociate oneself from the
conspiracy.
Relate conspiracy with aggravating circumstances of evident
premeditation and price?
o Evident premeditation only applies for express conspiracies. It
does not apply to implied conspiracies, because these are
spontaneous.
o Price applies to the co-conspirators acting as offeror and
acceptor.
Does the laxity of a public officer in investigating or prosecuting
indicate that he is a co-conspirator?
o Not per se. It must be shown that he had foreknowledge and
participation in the plan in the first place.
What are the possible liabilities of a head of office when his
subordinates are able to conspire to commit a crime?
o 1. Conspiracy (if he is aware of the design and agreed to it)
o 2. Culpa in this case, he is not part of the conspiracy
because there can be no conspiracy by culpa
o What is the Arias doctrine?
The head of office can rely to a reasonable extent on
their subordinates and the latters good faith. There
has to be a special reason why he should examine
acts or papers in detail. There is no negligence/culpa
if he fails to examine an error because of the sheer
amount of paperwork that passes through his hands.
Art. 9: severity of felonies
Classify felonies as to severity:
o 1. Grave felonies
Capital punishment
Afflictive penalties in any of its periods (prision mayor
to reclusion perpetua)
o 2. Less grave felonies
Correctional penalties in their maximum period
(destierro, suspension, arresto mayor, prision
correccional)
o 3. Light felonies
Arresto menor
Fine not exceeding P200
N.B. but in Article 26, a fine of P200 is already a
correctional penalty
What is the relevance of knowing this classification?
o Complex crimes require grave or less grave felonies
o To determine the duration of the subsidiary penalty
o To determine the duration of detention in case of failure to
pose the bond to keep the peace
o Different prescriptive periods
o To determine whether there is delay in the deliver of the
detained persons to the judicial authority
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o Penalty for quasi-offenses (Art. 365)
Art. 10
What is the relationship between RPC provisions and SPLs?
o In general, RPC provisions do not apply.
o But the RPC is supplementary to the SPL, unless provided
otherwise.
What if the penalty provided by an SPL follows RPC
nomenclature?
o The RPC applies suppletorily, ex. mitigating circumstances.
R.A. 9165, amended by 9344; Dangerous Drugs Act provisions of
RPC shall not apply to violations of DDA, except in the case of minor
offenders
o Reclusion perpetua, not L.I.
o Penalty may be reduced by 1 or 2 degrees under Art. 63
What does the Anti-hazing law provide as re: praeter intentionem?
o Sec. 4 provides that praeter intentionem does not apply as a
mitigating circumstance for violation of Anti-Hazing law
o The law also enumerates who will be deemed principals, etc.
What does the anti-terrorism law provide as re: the relationship of
its penal provisions and RPC provisions?
o Conviction of a person under said law constitutes a bar to the
prosecution of that person under the RPC or another SPL for
the predicate crime
What does R.A. 7610 Child abuse law, Sec. 10 provide?
o Where the victim of murder, homicide, intentional mutiliation, or
SPI is under 12 years old, the penalty shall be reclusion
perpetua
VAWC: If the offender commits act of physical violence and there
is intent to kill, what is the punishment?
o Crime is NOT violation of physical violence provision under
VAWC but attempted, frustrated, or consummated parricide,
homicide, or intentional mutilation
CIRCUMSTANCES AFFECTING LIABILITY
Art. 11: justifying circumstances
Are complete self-defense and other provisions under Art. 11
(justifying circumstances) absolutory causes?
o Yes, because the accused is not deemed to have committed a
crime. An absolutory cause means that the accused does not
incur criminal liability.
Is Article 12 an absolutory cause as well?
o No. There is technically a crime, although the person is
exempt from liability. The basis here is that the person is not
acting with complete intelligence. There is no mens rea.
What are other absolutory causes?
o 1. The offender was instigated
Differentiate instigation from entrapment:
In entrapment, the idea of the crime comes
from the lawbreaker. Thus, this is not
absolutory. The peace officer is without
criminal liability.
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o Ex. buy-bust operations
In instigation, the idea of the crime is
induced in the mind of the lawbreaker. It is
absolutory due to public policy. The peace
officer is a principal by inducement.
o 2. Spontaneous desistance in the attempted stage
o 3. Attempted or frustrated light felonies, except against
persons and property
o 4. Accessories in light felonies
o 5. Accessory relatives who help relatives escape (Art. 20)
o 6. Art. 247 death under exceptional circumstances
o 7. Certain relatives in estafa, theft, malicious mischief
o 8. Somnambulism
o 9. Mistake of fact (Achong)
o 10. Repeal of penal law, whether absolute or modification
What is the nature of self-defense?
o Self-defense is an act to save life; thus, it is an act, not a crime.
o There is no such thing as accidental self-defense because it
contemplates intent by the defending party.
What does self-defense include?
o Defense of body and limb
o Rights as person, including honor
o Property and liberty
If the accused in arraignment pleads self-defense, is he making a
judicial confession?
o It is NOT a judicial confession, but just a judicial admission.
He does not admit penal liability. He is merely admitted that he
killed the victim.
If the accused admitted killing the victim and pleads self-defense,
is the burden of proof shifted to accused?
o No. The burden of proof never shifts; only the burden of
evidence shifts. (Although Boado seems to have mixed up
these terms because she says that the burden of proof shifts.)
What are the requisites of self-defense?
o 1. Unlawful aggression
o 2. Reasonable means necessary to repel it
o 3. Lack of sufficient provocation by the defender
What is ABSOLUTELY necessary out of these?
o Unlawful aggression. Without it, even if the two others are
present, there can be no complete or incomplete self-defense.
If it is unlawful aggression alone, then it is an ordinary
mitigating circumstance.
If it is unlawful aggression plus one other, then it is a
privileged mitigating circumstance.
o What is the nature of needed unlawful aggression?
It must continue up until the act of self-defense,
because once it ceases, the offender can no longer
invoke self-defense.
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If there is no more unlawful aggression, the self-
defense is just mere retaliation in thus invalid.
What if the other two are missing?
o There is incomplete self-defense and thus it is just a mitigating
circumstance, not justifying.
How is unlawful aggression defined?
o Actual peril to ones life, or merely a threat, but real and
imminent.
Is slapping unlawful aggression?
o Yes. It is unlawful aggression against his honor. The face of a
person is akin to his dignity, honor, etc.
What is the effect of presence of multiple wounds on the victim in
a claim of self-defense?
o The nature of wounds belies a claim of self-defense because it
shows a determined effort to kill the victim, and not mere self-
defense.
Compare P v. Jaurige and P v. De la Cruz as re: reasonable means:
o BOTH cases involved defense of honor.
o Jaurige: mere touching of thigh, in church, in daylight. She
killed him with fan knife. No self-defense appreciated. The
means used were not reasonable.
o De la Cruz: groped in dark alley. Killed with knife. Allowed to
exercise self-defense.
o THUS, whether means are necessary is case-to-case.
o What do you consider?
1. Whether the aggressor was armed
2. The nature and quality of weapon used
3. Physical conditions and sizes of the parties
involved
What is the rational equivalence rule in reasonable necessity?
o The law does not demand material commensurability between
the means of attack and defense. So this doctrine considers
the nature of imminent danger, and instinctual actions. Note
that a person in peril will not act as rationally as normally
expected.
What is the rule when a person is attacked?
o Not anymore retreat to the wall; now, it is: Stand your ground
when in the right.
If two people agree to fight, is there valid claim of self-defense?
o No, because there is an agreement. There is no unlawful
aggression.
o What is the exception?
When they agreed to fight, but one attacked ahead of
the agreed time.
What is the extent of defense of property rights?
o May use such force as reasonably necessary to prevent or
repel the unlawful physical invasion of his property. This does
not seem to involve the taking of human life.
o Dissent of P v. Narvaez: in order to defend against the person,
there must be aggression not just against property rights but
also against the person of the owner.
20
o Correlate this with Art. 429 of the Civil code, or the doctrine of
self-help.
When is there sufficient provocation?
o Provocation is sufficient if it is sufficient to incite the person to
attack.
Is Art. 247 (an absolutory cause?
o Yes. Because the only imposed penalty is destierro. And
that this is more of protection for the one who killed.
o NOTE: differentiate Art. 247 from cases where Self-defene
under Art. 11 applies, even if the situation is the same
(catching spouse in sexual congress)
Ex. Husband caught wife in sexual congress. The
wife, caught, wanted to kill him, so he took the knife
and killed his wife.
The accused arrived and saw his wife in the act of sexual
intercourse. The paramour ran and the wife dressed up. Gonzales
went out. When he got back, he heard rustling leaves. He saw the
paramour and the wife, who was putting on her panties. He
stabbed his wife. Can the husband invoke 247? (P v. Gonzales)
o HELD: You cannot invoke 247 because at that time, she was
already putting on her panties, not in actual sexual intercourse.
(P v. Gonzales)
o DISSENT: follow this You are unfairly punishing him if we
strictly apply the law. But what can you deduce from the fact
that she was wearing her panties from a naked state. It is
asking too much to actually catch them in the act of actual
sexual congress.
Can one invoke Article 11 in Article 247 cases?
o Suggestion: Husband also has right to invoke his honor and
defend it, so Art. 11 can be invoked by the one discovering the
sexual congress. He can also invoke 247, obviously.
o Prefer 11 over 247, because the latter results in destierro. It is
not a penalty, but a limitation of his liberty.
Can you invoke Art. 247 if there is mistake of fact?
o Yes. Apply the Achong doctrine by analogy.
o Example: The husband saw movement of buttocks, but the
paramours penis hasnt entered his spouses vagina yet.
Are the RPC provisions applicable to VAWC?
o Yes. Recall Art. 10: how RPC provisions apply suppletorily,
unless provided otherwise.
o Under RA 9262 (VAWC), Art 47: RPC provisions supplement
the VAWC law.
o The VAWC law even uses RPC terms for penalties:
SPI: P.M.; LSPI: P.C., Slight PI: A.M.
What are the circumstances in P v. Genosa?
o The SC recognized the Battered Woman Syndrome. But there
was no RA 9262 then yet so its still not an absolutory cause.
o The SC did not appreciate ordinary self-defense because the
threat to the womans life has already ceased. There was no
more unlawful aggression.
o But the SC appreciated the following mitigating circumstances:
1. Passion and obfuscation
2. Diminished will power
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What is the Battered Woman Defense under RA 9262?
o The Battered Woman Syndrome (BWS) is a justifying
circumstance, notwithstanding absence of any requisites of
self-defense.
o The woman incurs neither criminal nor civil liability.
o The defense is separate from and independent from self-
defense.
Who is a battered woman?
o One repeatedly subjected to forceful physical or psychological
behavior by a man with whom she has an intimate relationship
with in order to coerce her to do something he wants.
o The cycle has to happen at least twice: 1. Tension-building
phase, 2. Acute battering incident, 3. Tranquil, loving phase.
What are the characteristics of the BWS?
o 1. The woman believes the violence was her fault
o 2. inability to place responsibility for the violence elsewhere
o 3. She fears for her and her childrens lives
o 4. Irrational belief that offender is omnipresent and omniscient
What are the requisites of defense of relative?
o 1. Unlawful aggression
o 2. Reasonable necessity of the means employed to prevent or
repel it
o 3. In case of provocation given by the person attacked, the
defender must have had no part therein
o Who are the relatives under this provision?
Spouse, ascendants, descendants, legitimate,
natural, and adopted siblings, or relatives by affinity
within the same degrees
Relatives by consanguinity until the fourth degree
Anyone beyond this enumeration: defense of stranger
What are the requisites of defense of strangers?
o 1. Unlawful aggression
o 2. Reasonable necessity of the means employed to prevent or
repel it
o 3. Person defending is not motivated by revenge, resentment,
or other evil motives
What are the requisites of state of necessity as a justifying
circumstance (Art. 11, par. 4)?
o 1. The evil sought to be avoided actually exists
o 2. The injury feared is greater than that done to avoid it
o 3. There is no other practical and less harmful means to
prevent it
o What if the party invoking state of necessity is responsible
for the peril?
Cannot invoke this defense.
o What is the injury contemplated under requisite number
2?
This is a broad concept. It can be against property,
liberty, etc.
22
What is the rule on civil liability for acts in the state of necessity?
o Those who were benefited by the act performed are liable to
those to whom injury is caused. Note that this is a purely civil
liability and does not arise from criminal liability.
What are the requisites of lawful exercise of right or duty (Article
11, par. 5)?
o 1. Act out of duty or office
o 2. Injury caused is the consequence of the performance of that
duty or right
What is the limitation on the performance of duties?
o It must be exercised neither capriciously nor oppressively, and
within reasonable limits. There must act with sound discretion.
o X was a deranged man who was already incapacitated by
the police from doing further harm. Y, one of the
policemen, seeing X lying on the ground, shot him further
on the forehead. Can Y invoke performance of duty?
No. The act performed was unreasonable and
excessive.
Can a policeman invoke SD and performance of duty at the same
time?
o Yes.
o An example is when a policeman saw one person about to
shoot another. The policeman gave a warning and the
offender pointed the gun at the policeman. The policeman
shot the offender. He was both defending himself and
performing his duty in preventing the other person from being
shot.
What are the requisites of obedience to superior order?
o 1. An order has been issued by a superior.
o 2. The order is for a legal purpose
o 3. The means used to carry out the order were lawful
o What if the order is illegal?
Cannot follow the order unless it is apparently legal
and the subordinate did not know it was actually
illegal.
Art. 12: exempting circumstances
What are the exempting circumstances?
o 1. Imbecility or insanity
o 2. Minority
o 3. Accident
o 4. Compulsion of irresistible force
o 5. Impulse of uncontrollable fear
o 6. Insuperable or lawful cause
What are the characteristics of exempting circumstances?
o The act is criminal, but the criminal is exempt from criminal
Liability
o But there is civil liability
o The emphasis is the actor, not the act
What is insanity?
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o There is a complete deprivation of intelligence in committing
the act, and so there is complete absence of ability to discern.
o Not mere abnormality of mental faculties or mere frenzy due to
anger.
When should insanity exist?
o In the period immediately before or at the precise moment of
doing the act.
o His mental condition after doing the act is inconsequential.
o Note that there is a presumption of sanity and it must be
disproved beyond reasonable doubt.
What does it indicate when the actor surrendered to the police
after committing the crime?
o There is discernment because remorse is inconsistent with
insanity
What if the insanity occurs after the commission of the crime?
o Refer to Art. 79, which provides that one who becomes insane
or imbecile after final sentence will have the sentence
suspended as to the personal penalty. He will only be
sentenced when reason is regained.
What if there is no complete impairment or loss of intelligence, and
just a partial one?
o It is just a mitigating circumstance: illness that would diminish
exercise of will-power without depriving consciousness of his
acts
o A common example is schizophrenia: there is no complete
deprivation of intelligence, but there is difficulty distinguishing
fantasy from reality
How is mental condition of an accused determined in trial?
o The judge must order the examination of the accused by a
medical expert. The judge cannot do it alone, because he is
not an expert on this matter.
Under RA 9344, how are minors classified?
o Children at risk are those vulnerable to and at the risk of
committing criminal offenses due to personal, familial, and
social circumstances.
o Children in conflict with the law are those accused of or
adjudged as having committed criminal offenses.
What are the benevolent features of RA 9344?
o Age 15 and below = age of absolute irresponsibility
Exempt from criminal liability
Subject to intervention program
o Age over 15 and under 18 = criminally liable only where there
is discernment
No liability if there is lack of discernment. Also
subject to intervention program.
Liable if there is discernment. However, he will under
a diversion program.
o Is the minor over 15 but below 18 acting with discernment
still entitled to the privileged mitigating circumstance
under Article 68(2)?
Yes. RA 9344 did not change this.
What are the diversion programs for those over 15 but below 18
acting with discernment?
24
o Note: these are without going through court proceedings
o 1. When the penalty of the crime is not over 6 years:
Crimes with victims:
Diversion program before law enforcement
officer or punong barangay
Involves mediation, family conferencing,
conciliation with child and parents/guardians
Crimes without victims:
Diversion program before the local DSWD
officer, with child and parents/guardians
o 2. When the penalty of the crime exceeds 6 years:
Diversion is before courts
In case the penalty is not more than 12 years or just a
fine, the court can determine whether diversion is
appropriate or not
o 3. If the offense does not fall under any of the above or the
child or parents/guardian does not consent to diversion, the
one handling the case forwards the records to the prosecutor
or court within 3 days and then the case is filed according to
regular process
Can a child be detained pending trial?
o Yes, but only as a last resort and only for the shortest possible
period of time. The authorities can resort to alternative
measures such as close supervision, intensive care, or
placement with a family/educational setting.
What is the rule on automatic suspension of sentence?
o Children below 18 at the time of commission of the crime found
guilty of the offense are placed under suspended sentence
without need of application. The court then determines
imposes the appropriate disposition measures afterwards.
o What if the then-child is over 18 years old upon the
pronouncement of guilt?
It doesnt matter; there is still suspended sentence.
o What if the child reaches 18 while under suspended
sentence?
The court determines whether to:
1. Discharge the child
2. Order execution of sentence
3. Extend suspended sentence for a certain period, or
until he reaches the maximum age of 21
o What if the child undergoes period of actual detention or
commitment?
It will be credited in full.
What is the provision on probation?
o Upon application at any time, the court can place the child on
probation in lieu of service of sentence. (This amended the
Probation Law)
What is a status offense and how is it treated under the law?
o Any conduct which is not an offense when committed by an
adult will not be considered an offense and is thus not
punished if committed by a child.
o Ex. curfew laws
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Did Ra 9344 retroact?
o Yes, it retroacted to pending cases and those minors already
convicted.
Under 9344, the minor is still exempt from specific offenses even if
he or she acted with discernment. What are these?
o 1. Vagrancy
o 2. Prostitution
o 3. Mendicancy
o 4. Sniffing rugby
o What happens?
These persons would undergo appropriate counseling
and treatment program.
When is a child in conflict with the law subject to preliminary
investigation and filing of information?
o 1. Child does not qualify for diversion
o 2. Child or parents/guardians do not agree to diversion
o 3. Prosecutor determines that diversion is not appropriate for
the child, considering assessment/recommendation of the
social worker
Who are the minors disqualified from suspension of sentence?
o 1. One who once enjoyed suspension of sentence already
o 2. Convicted for offense punishable by death or life
imprisonment
Note: punishable need not be actually punished
especially since the death penalty has been abolished
After suspension of sentence, what is the disposition order?
o After sentence, the court sets disposition conference within 15
days from promulgation
Minor, parents/guardian, and social worker are
present
o Can issue:
1. Care, guidance, and supervision orders
2. Drug and alcohol rehab
3. Participation in group counseling and the like
4. Commitment to youth rehab center of DSWD/other
centers
When there is doubt if the person is a minor or not, what is the
appropriate proceeding?
o There is presumption of minority.
o File for summary proceeding in Family Court.
What if the minor was alleged as a co-conspirator?
o The presumption of acting without discernment still applies.
o Evidence of conspiracy does not automatically mean the minor
acted with discernment in the commission of the crime.
May the presumption still apply even if the allegation was reckless
imprudence under Art. 365?
o Yes. (Jarco Marketing case)
26
What is the definition of discernment?
o When the minor is able to distinguish whether his act is moral
or licit or not..
o The utterances of a minor and overt acts preceding crime, and
nature of weapon is evidence of discernment.
S.C. AM 02-1-18:
o If the minor committed a crime and the time the law took effect,
he was already 21, can he enjoy the benefit of suspension of
sentence
If a minor is charged with a heinous crime punishable by death or
RP-death, is he entitled to suspension of conviction?
o Yes. Ubi lex non distinguit, nec non distinguire debemos.
What are the requisites of accident?
o 1. performing lawful act with due care
o 2. causes injury to another
o 3. without intent or negligence
What if there is negligence?
o Article 365 applies: quasi-crime of reckless imprudence
o A ccident and negligence are mutually exclusive.
o What is the difference between accident and negligence?
Accident without fault of the human being. Cannot
be anticipated.
Negligence when there is some degree of fault in
the person
o NOTE: Under Art. 365, the court will not consider Art. 13 and
14 in imposing the penalty because this crime is NOT
intentional.
What are the elements of irresistible force?
o 1. Force is physical and must come from an outside source
o 2. The accused acts not only without a will but even against his
will, reduced to a mere instrument
o 3. The duress, force, fear, or intimidation present is imminent
and impending, as to induce well-grounded fear of death or
serious bodily injury
Thus, the fear must not be speculative, fanciful, or
imagined
What are the elements of uncontrollable fear?
o 1. Threat which caused the fear of an evil greater than or equal
to the act accused was required to commit
o 2. The evil promised was of such gravity and imminence that
an ordinary man would succumb to it
o Ex. X is a hostage who decapitated his fellow hostage Y
because their captors threatened to kill X.
What is an insuperable cause?
o It applies to felonies by omission where the failure to do so is
due to a lawful or insuperable cause.
o A common example is failure to comply with art. 125 of the
number of hours when a person arrested must be delivered to
judicial authorities, when there is a long holiday or the judicial
offices are not open, or there is a calamity/accident that met
them.
27
Art. 13: mitigating circumstances
What are the mitigating circumstances?
o 1. Incomplete justifying and exempting circumstances
o 2. Under 18 or over 70
Correlate with RA 9344
o 3. Praeter intentionem
o 4. Sufficient provocation or threat by the offended party
preceded the act
o 5. Proximate vindication of grave offense
o 6. Passion or obfuscation
o 7. Voluntary surrender or voluntary confession prior to
prosecutions presentation of evidence
o 8. Physical defect restricts means of action, defense,
communication
o 9. Illness diminishes will-power without complete deprivation of
consciousness
o 10. Analogous circumstances
No similar provision for aggravating circumstances
If the criminal is 80 years, is there a mitigating circumstance?
o P v. Austria 27 June 2000 the accused was charged with
rape. He was already 83 years old. His defense was erectile
dysfunction. He was convicted, but the SC applied the old age
as a mitigating circumstance. So far, this is the only case
where this case was applied.
Must mitigating circumstances be alleged in the information?
o No.
How are mitigating circumstances classified?
o 1. Ordinary enumerated in Art. 13 and some SPLs
If there is one, penalty lowered to minimum period
If there are two or more ordinary mitigating
circumstances, the penalty is lowered by one degree
Can be offset by generic aggravating circumstances
Not considered when the penalty is a single indivisible
penalty (i.e. only RP now)
o 2. Privileged
Lowers imposable penalty by one or more degrees
Cannot be offset by any aggravating circumstance
Even if the penalty is single and indivisible, it is
imposed
o 3. Specific applies to specific felonies
Ex. concealment of dishonor in case of abortion by
pregnant woman
Is incomplete justifying and exempting circumstances, what are
the requisites that must always be present?
o 1. For self-defense, unlawful aggression
o 2. For accident, due care and lack of fault
28
When is incomplete justifying or exempting circumstance an
ordinary mitigating circumstance? When is it a privileged
mitigating circumstance?
o Ordinary if there is only one element or there is no majority of
required elements
o Privileged if there is majority, but not all, of required elements
What is the nature of minority as a mitigating circumstance?
o It is always a privileged mitigating circumstance
o It applies to those over 15 but below 18 who acted with
discernment reduce the penalty to the next lower penalty, in
the proper period
When can praeter intentionem not be invoked?
o RA 8049 lack of intent to commit so grave a wrong as
committed CANNOT be invoked by accused in hazing
incidents.
Can lack of intent to commit so grave a wrong as that committed
be invoked in malversation?
o YES. Ex. The petitioner was a municipal treasurer, and the
audit team discovered he was short P72000 of funds. After a
few months, he returned the money he borrowed.
o Note: the SC also applied a mitigating circumstance analogous
to voluntary surrender in this case.
What other rule must be taken into account vis--vis praeter
intentionem?
o Art. 4(1) presumption that person intends all the natural and
logical consequences of his felony.
o How to resolve: the means employed and the result must be
so disparate that the result is not the logical and natural
consequence of the means
o Ex. X used a lead pipe to hit victim on the eyebrow, and the
victim died. SC refused to apply the mitigating circumstance of
lack of intent to commit so grave a wrong as that committed.
o P v. Pugay : (gasoline burning case) SC also applied Art. 13(3),
because the intent was less than the material act committed.
What if two persons conspire to commit a felony, and one intended
to commit the grave wrong as that committed, while the other did
not?
o The conspirator who did not intend to commit so grave a wrong
as that committed cannot invoke the mitigating circumstance.
o BUT if both of them did not intend to commit so grave a wrong
as that committed, then both can invoke the mitigating
circumstance.
Can both treachery and Art 13(3) be invoked together?
o Yes. Treachery refers to the manner or method used to kill the
victim, while praeter intentionem refers to the state of mind of
the person. They may co-exist.
Can praeter intentionem be invoked for culpable felonies?
o No. Obviously intentionem requires intent in the first place,
just that the intent did not match the result.
What are the elements of sufficient provocation?
o 1. Sufficient
Merely shouting at the accused and asking the latter
to leave is NOT proportionate to the latter killing the
former.
29
Need not constitute unlawful aggression under Art.
11; the threshold here is lower.
Need not be put in words; can be in action.
Ex. entering anothers property and then
starting to gather the latters crops.
o 2. Immediately preceding the commission of the crime
This actually means immediate, not like grave
vindication which just requires proximity
o 3. Originate from the offended party
If provocation and passion/obfuscation are based on the same
facts, is the accused entitled to two separate mitigating
circumstances or only one?
o Only one. The accused is only entitled to only one mitigating
circumstance, because both are based on the same facts.
o Same rule between vindication of grave offense and sufficient
provocation.
What is immediate in immediate vindication of grave offense?
o Proximity. It need not immediately precede the act, but there
must be no lapse of sufficient time.
o How sufficient is sufficient time?
If there was only a gap of 30 minutes, still okay.
P v. Palabrica : 1 day lapse is not okay.
P v. Ignas : only said hours still okay.
What is grave offense?
o Grave offense in this provision is different from grave offense
under Art. 9. Grave offense under this provision might not
even be a felony at all. It usually is an assault to honor.
o When is an offense grave?
1. Determine social standing of parties
2. Determine place and time and occasion when
offense committed
o Grave offense even includes an insult
You are living at the expense of your wife!
appreciated as grave offense
o In a case, hitting someone with a bamboo stick is not a grave
offense.
Xs son eloped with Ys daughter. At that time, it was really
deemed a dishonor. Y looked for his daughter for three days. Y
sought revenge against Xs son and killed him. Is this vindication
of grave offense? (P v. Diokno)
o The SC said that it was. Even if three days lapsed, the act of
elopement was deemed continuous, and the effect was still
there.
o NOTE: This case may be a product of its time. Now, this
situation is pretty ordinary already. So this case may be
archaic already.
What is necessary for passion or obfuscation to be considered?
o It must arise from lawful sentiments of the accused. The
offended party must have done an act unlawful and sufficient
to excite passion or obfuscation
o It must not come from lawlessness or revenge, or an
illegitimate relationship
30
Bello : EXCEPTION. He lived with common law wife
for 10 years. Bello supported her for 10 years. After,
the common law wife wanted out, and wanted to live
with another man. Bello killed her. Eh wala ka
namang ibubuga talaga eh. SC HELD: Passion and
obfuscation. Although the relationship was
illegitimate, nevertheless, the victim was ungrateful.
How much lapse of time is allowed for passion and obfuscation to
be appreciated?
o P v. Ventura : Although passion and obfuscation may arise from
jealousy, since there was a lapse of 1 week, accused was
expected to recover his equanimity.
Can vindication of grave offense co-exist with passion or
obfuscation?
o No. If they arise from the same facts, only one will be
appreciated.
Can treachery co-exist with passion or obfuscation?
o No. Treachery CANNOT co-exist with passion and
obfuscation. When a person acts with passion or obfuscation,
he loses his reason and self-control, which is inconsistent with
treachery, because one who acts with treachery presupposes
that he adopted a mode of attack of killing the victim.
What are the elements of voluntary surrender?
o 1. Offender surrendered to a person in authority or his agent
o 2. Offender surrendered before arrest is effected
o 3. Surrender is voluntary, i.e., spontaneous and coming from
intent to acknowledge guilt and save time/resources of
authorities
o 4. No pending warrant of arrest or information filed
What is the most important element of voluntary surrender?
o The spontaneity of such and intent to give up and
unconditionally surrender to authorities.
How has this provision been applied by analogy by the SC?
o Navalos v. P: Before being charged of malersation, the
accused returned the amount, he was deemed to have
voluntarily surrendered analogous. The return of the
money must be spontaneous.
What are the requisites of voluntary plea of guilt?
o 1. Made in open court
o 2. Spontaneous and unconditional
o 3. Prior to presentation of evidence by the prosecution
Does this include extra-judicial confessions?
o No.
May voluntary plea of guilt and voluntary surrender both be
considered in one case?
o Yes. They are two separate and distinct circumstances not
arising from the same facts. The offended party is entitled to
two mitigating circumstances.
What is the character of the plea of guilty?
o It must be unconditional and the accused must admit to the
offense charged.
What is relevant for the mitigating circumstance of physical
defects and illness?
31
o The defect or illness must relate to the offense charged,
because the defect must have restricted his means of action,
defense, or communication with his fellow human beings.
o Ex. rape committed by a deaf and dumb man on the girl of his
dreams to whom he cannot convey his feelings to
o But not when it was committed by a man with a severed left
hand, because it does not limit his means of action, defense, or
communication
What is necessary for illness that diminishes willpower of the
accused?
o It must only diminish and not deprive the offender of the
consciousness of his acts; otherwise, it is an exempting
circumstance
What are NOT examples of analogous mitigating circumstances?
o 1. Being part of a minority group
o 2. Extreme poverty
o 3. Abberatio ictus
o 4. Mistake in identitiy
What are some examples of analogous mitigating circumstances?
o 1. Mitigated mental capacity of a battered woman (decided pre-
RA 9262)
o 2. Voluntary return of stolen goods
Art. 14: aggravating circumstances
What are the aggravating circumstances?
o 1. Advantage of public position
o 2. In contempt of or with insult to public authorities
o 3. With insult or disregard of rank, age, or sex, or in the
dwelling of the offended party, if the latter did not provoke
o 4. Abuse of confidence or obvious ungratefulness
o 5. Committed in the palace of the Chief Executive, or in his
presence, or where public authorities are discharging their
duties, or in a place of religious worship
o 6. Nighttime, or in an uninhabited place, or by a band
o 7. Committed during a conflagration, shipwreck, earthquake,
epidemic, or calamity
o 8. With aid of armed men or persons who insure/afford
impunity
o 9. Recidivism
o 10. Reiteracion
o 11. Price, reward, or promise
o 12. By means of inundation, fire, poison, explosion, stranding
of a vessel, derailment of locomotive, use of any artifice
involving waste and ruin
o 13. Evident premeditation
o 14. Craft, fraud, or disguise
o 15. Superior strength or means employed to weaken the
defense
o 16. Treachery
o 17. Ignominy
32
o 18. Committed after unlawful entry
o 19. Committed after breaking through a wall, roof, floor, door,
or window
o 20. With aid of persons under 15 years old, or motor vehicles
o 21. Cruelty
Compare with mitigating circumstances:
o This list is exclusive, whereas in mitigating circumstances,
there are analogous circumstances allowed
o Aggravating circumstances must be alleged in the information,
mitigating circumstances need not (since theyre matters of
defense)
What are the types of aggravating circumstances?
o 1. Generic aggravating
Apply generally to all crimes
Can be offset by ordinary mitigating circumstances
Increases penalty to maximum period
Are additional rapes or killing in the case of
robbery with rape or robbery with homicide, for
instances, aggravating?
No, its not enumerated under law as such.
Its an anomalous situation, but doubt it
resolved in favor of the accused.
P v. Hipol : The malversed amount was so huge, that
the Sol. Gen said that the crime was already
economic sabotage and must be considered an
aggravating circumstance. SC: There is no such
aggravating circumstance as economic sabotage. No
matter how huge the amount is, it is not aggravating
o 2. Qualifying circumstances
Cannot be offset by any mitigating circumstance
Changes nature of crime
Must be alleged in the Information as such new
offense
No need to increase the penalty because the change
in the crime itself has changed the penalty as well to a
higher one
Can qualifying circumstances not alleged in the
information but proved in trial be appreciated as
generic aggravating circumstances?
No, due to the amendment in Criminal
Procedure
X was charged with homicide with the generic
aggravating circumstance of treachery. Can the
trial court find him liable for murder?
No, treachery was alleged as a general
aggravating and not a qualifying
circumstance.
How many circumstances are needed to qualify
an offense?
Just one. The rest become generic
aggravating circumstances.
o 3. Special or specific aggravating circumstances
Apply to specific felonies; found outside Art. 14
33
o 4. Inherent circumstances
Those already integral to the crime and thus cannot
aggravate the penalty
Ex. In the crime of falsification of document by public
authority, then abuse of public position is deemed
inherent. Same with malversation and other crimes
by public officers.
What is the special aggravating circumstance introduced by RA
7659?
o Committed by an organized/syndicated group impose
maximum penalty if the offense was committed by any person
belonging to an organized or syndicated crime group (2 or
more persons collaborating or mutually helping one another for
purposes of gain in the commission of the crime)
What are the special aggravating circumstances introduced by RA
8353, Article 266-B?
o See crimes against persons: ex. victim is under 18 and rapist is
relative, gave victim AIDS, committed by AFP/PNP, etc.
Art. 14(1) advantage of public position
When is this present?
o When the public official uses the influence, prestige, and
ascendancy of his office to realize the purpose.
o Tests under case law:
1. Offense is in relation to his office
2. He cannot commit the offense without holding such
public office
o Ex. jail guard who was able to use his position to kill an inmate
When does advantage of public position not apply?
o Does not apply if the public position is a constituent element of
the crime;
o Examples:
Crimes committed by public officers
Inherent in the crime of falsification by a public officer
of a public document
If the public officer could have committed the crime anyway without the
use of public position, it is not aggravating.
o P v. Tabeon: If the accused given a gun by the government by
virtue of his position uses that gun to commit homicide, the use
of that gun is an aggravating circumstance. He could not have
used that gun unless he was a public officer.
o But see P v. Villamor: Where Villamor used a gun officially
issued to him by virtue of office use of that gun was not an
abuse of public position. This is contrary to Tabeon.
o N.B. The later decision is Villamor, but Justice Callejo agrees
with Tabeon. Follow Villamor, though,
Two policemen were in the police car. They stopped and ordered a
girl to enter the car. One policeman stole the watch and wallet of
the girl. The policeman driving did not say anything. Both were
held liable for robbery. Did the aggravating circumstance of taking
advantage of public position apply even to the driver of the car?
o Yes. He could have prevented the other policeman from
robbing the siblings. But he did not. This was abuse of public
position.
Is this a generic or special aggravating circumstance?
34
o The use of ones public position in the commission of a crime is
a special aggravating circumstance. (RA 7659, Sec. 23)
o Thus, it cannot be offset by generic mitigating circumstances.
Art 14(2) with contempt of or in insult of public authority
What are the requisites of contempt/insult of public authority?
o 1. crime committed
o 2. person in authority engaged in exercise of public position
o 3. offender knew he was a person in authority
o 4. victim is NOT a person in authority
A barangay captain was playing cards with some people. The
accused shot him. Does this provision apply?
o No. First, the person in authority must NOT be the victim per
se, and second, he was not performing his duty at that time.
He was playing cards.
o What if the crime was committed against the person in
authority?
Then it is direct assault. This aggravating
circumstance does not apply.
What if the crime was only committed in the presence of an agent
of a person in authority?
o This provision does not apply.
o Ex. If in the presence of a policeman, not aggravating because
the policeman is only an agent of a person in authority.
Supposing a crime is committed in the presence of a professor
while the latter was performing his duty?
o This is not aggravated. A teacher or professor is only a person
in authority under Art. 148 and 152 of the RPC (direct assault).
Is there an exception?
o RA 9165 a teacher or professor is a person in authority for
the purpose of enforcement of the DDA.
o If you smoke marijuana in the presence of a professor, the
professor is a person in authority.
In the national penitentiary, sometimes the inmates feel bored and
they kill each other. Is this aggravating?
o Yes. Where the inmates killed another in the National
Penitentiary, this was in contempt of public authority.
Art. 14(3a) insult to age, rank, sex
What is required for this aggravating circumstance to apply?
o There must be deliberate intent to insult or show manifest
disregard for the age, rank, sex. Not merely because the
victim is a female or has a rank, this A.C. applies.
Can this coincide with passion and obfuscation?
o No, because the offender must have deliberately intended to
offend or insult the offended.
The accused was conversing with the barangay captain and the
former killed the latter. May the A.C. of rank apply?
o No. The mere fact that victim was a person with a rank, such
as barangay captain does not necessarily mean its
aggravating, absent evidence that the killing was deliberately
intended to disregard or insult or threaten to insult the rank of
the victim.
What are further considerations for circumstance of rank?
35
o The charge must not include rank as an element. If the
accused was charged with complex crime of murder with
assault against person in authority then the AC cannot be
appreciated because it is inherent.
o If the charge was just murder, then the AC applies.
When is the A.C. of sex not applicable?
o 1. If the accused acted with passion or obfuscation,
o 2. when there is an amorous relationship between the accused
and the victim,
o 3. When there is a relationship of employer-employee,
o 4. When the sex of the victim is inherent in the crime,
A 20-year-old man raped an 80-year-old woman. The victim was
the teacher of the accused in grade 1. Key fact: victim was already
retired! Does insult to rank apply?
o Yes. The Fact that the offended party was already retired did
not diminish the respect due her rank as his former teacher.
Do these this apply to crimes against property?
o No. Not aggravating in crimes against property.
o Examples of where insult to rank, age, sex does not apply:
Robbery
Robbery with homicide since here, the homicide
was merely an incident to robbery
[NOTE: the Escote doctrine applies to treachery, not
here.]
Is insult to rank, age, sex absorbed by treachery?
o No. The aggravating circumstances of age and sex cannot be
absorbed by treachery. Treachery pertains to manner of
commission. Insult to age, rank, sex refers to relationship.
o Ex. The accused murdered a child 3 days old. The SC
appreciated the A.C. of age in convicting the accused of
murder. Also treacherous since the child cannot defend
himself.
o But see P v. Malolot: Accused hacked to death an 11 month
old child. SC HELD: A.C. of age of victim DOES NOT apply,
because it was absorbed by treachery. (Justice Callejo does
not agree with this case. But Malolot might be prevailing,
being the newer case).
Art 14(3b) dwelling
Does dwelling apply when both parties live in the same house?
o Generally, it is not aggravating.
o Victim was stay-in laundrywoman, but it was not her
house. The killer was the houseboy, who also lived that
house. The laundrywoman had her personal room, and the
houseboy had his as well. Is dwelling aggravating?
Yes. Although the offender and offended lived in the
same house, the crime is aggravated by dwelling,
because the room was deemed a dwelling,
notwithstanding being in the same house.
Each room although located in the same house is
considered a dwelling separate and independent of
the adjacent rooms.
What is considered as dwelling?
o Includes every dependency of the house and every integral
part of the house. Includes staircase, enclosure under the
house, and the terrace.
36
If the person is stepping on the first rung of stairs,
then it is dwelling. But if he has yet to step, not yet.
o To be considered as dwelling, it must be used exclusively for
rest and comfort.
Ex. the victim owns a building consisting of two floors:
ground floor is video shop and 2
nd
floor is residence.
The victim was killed in the video shop. Here,
dwelling does not apply. The video shop is not
exclusively for rest and comfort, even if in the same
building.
What if the person is a squatter?
o Dwelling still applies. The law does not make any distinction
as to the validity of title over the property.
What if the land is enclosed with a fence and the person is outside
the house but inside the fence?
o Dwelling does not apply.
When does dwelling not apply?
o If the victim gave sufficient provocation.
o What are the elements of sufficient provocation?
1. Offended party gives provocation
2. The provocation is sufficient
3. The provocation is immediately before the crime
Does the offender have to actually enter the house?
o No. The law does not require that the offender must also be in
the house. The offender can shoot from outside the house and
kill a person inside it is still considered as dwelling,
Does dwelling apply in robbery?
o Distinguish:
o Dwelling is aggravating in robbery with homicide or robbery
with intimidation of persons.
o However, in robbery with force upon things, dwelling is
inherent in the crime.
Is dwelling aggravating in arson?
o No. (PD 1613)
A person dies inside a building burned on purpose. When is it
homicide, and when is it arson?
o Intent determines:
o 1. If the intent is to burn the house, then the burning is arson
even if a person dies. Homicide is absorbed.
o 2. If the intent is to kill the person and the burning was the
means employed to commit the crime, it is homicide.
o 3. If the intent is to kill the person, and the house is burned to
cover up the crime, then it is homicide and arson as separate
crimes. There is no special complex crime of homicide with
arson.
Art 14(4) abuse of confidence or obvious ungratefulness
What are the elements of abuse of confidence?
o 1. Offended party reposed trust and confidence to offender
o 2. Offender abused this trust and confidence
What must be the character of the confidence reposed?
37
o The confidence must be IMMEDIATE AND PERSONAL such
that it gives the accused some advantage and makes it easier
to commit the crime.
o Ex. The mother of the victim had a common law husband,
whom the victim called papa. Papa raped the daughter.
This was abuse of confidence, even if the relationship between
the mom and papa was illicit.
Art. 14(5) committed in a place of worship
What are contemplated here?
o 1. Committed in palace of Chief Executive
o 2. Committed in the presence of Chief Executive
o 3. Committed in place where public officers are discharging
duties
o 4. Committed in place of worship
o Distinguish 1, 2, and 4 from 3:
For palace, presence of CE, and place of worship it is
enough that the offense was committed in that place
For public officers in discharge of their duties, it is
necessary that the performance of function is being
one
How will this aggravating circumstance of place of worship (and
the like) apply?
o There must be intent from the outset to commit the crime
inside the place of worship. Here, the accused did not intent to
commit the crime inside the church (she did not expect the
man to touch her thigh).
Art. 14(6) night time, uninhabited place, or by a band
If all three are present, are these separate aggravating
circumstances or only one?
o General rule: only one applies.
o Exception: These may be considered separate and distinct if
their elements are distinctly perceived and can subsist
independently of each other, revealing greater perversity.
What are the tests of night time?
o Subjective test when night time was sought purposely to
commit the crime.
o Objective test when nighttime facilitated the commission of
the crime
o N.B. The subjective and objective tests are alternative. They
need not concur. Either tests application is sufficient.
o It is not enough that the crime was committed in night time.
There must be evidence that night time was sought for, or the
nocturnity facilitated the commission of the offense
What if the moon is shining brightly or there is a streetlamp
illuminating the event?
o Then nighttime is not appreciable.
When is nighttime absorbed by treachery?
o If it is part of the treacherous means to insure execution of the
crime. Otherwise, it is separately appreciated.
What determines if the crime was committed in an uninhabited
place (despoblado)?
o It is not the distance, but the possibility or impossibility of
immediate aid to be obtained. The more important
38
consideration is if the commission of the crime makes it
possible for the victim to receive aid.
o Ex. The distance is not so great, but one has to climb up a hill
to reach the house to render aid. There is despoblado.
What is the burden of the prosecution?
o Prosecution must prove that the accused chose the
remoteness of the place to aid the commission of the crime, or
to conceal the commission of the crime.
When is there a band?
o More than three armed malefactors (at least four).
o Must all of them be armed?
Yes.
What is the test for armament?
o Any weapon which, by reason of its intrinsic nature or purpose,
is capable of inflicting serious or fatal injuries.
What is the character of participation of the four malefactors?
o The four armed persons contemplated in the law must be
principals by direct participation for band to be considered.
They must act together in the execution of the crime.
There were four accused, and it was alleged that they composed a
band, in the information. Two were acquitted. Is there crime by a
band?
o Band is still subsistent even if two were acquitted.
o DISSENT: No band.
What is the characteristic of crime by a band?
o Merely generic. (Ex. robbery with rape, robbery with homicide,
physical injuries, etc.) This means that this can be offset by a
generic MC.
o Contrast: Art. 266-B if rape is committed by 2 or more
persons, the offender is sentenced from RP to death (special
aggravating circumstance).
When is crime by a band a qualifying circumstance, and not just a
generic aggravating circumstance?
o Only Article 294, pars. 3 to 5. This is robbery with violation
against persons.
o Recall:
Par 1: with homicide band is aggravating
Par 2: with rape, intentional mutilation, and lesiones
graves resulting into blindness, impotency, imbecility,
or insanity aggravating
Par 3 to 5: other kinds of robbery with violence
against persons band is qualifying
Art. 14(7) calamity or misfortune
To what situations does this apply to?
o Conflagration, shipwreck, earthquake, epidemic
o And other calamities and misfortunes
These must be similar to the abovementioned, so it
cannot refer to acts of men
Distinguish from Art. 14(12):
39
o That refers to means of committing the crime. This provision
refers to crime committed on the occasion of calamity or
misfortune.
Art. 14(8) with aid of armed men
Requisites for aid of armed men?
o 1. Armed men or persons took part in the commission of the
crime directly or indirectly
o 2. Accused availed himself of aid of such men or relied upon
them when the crime was committed
The armed men are accomplices who take part in a minor capacity,
directly or indirectly.
What if there is a conspiracy with the armed men?
o There should not be any conspiracy or the armed men must
not be principals.
Contrast with a band and organized crime syndicate:
o Band all are principals; Armed men they help the principal
and are accomplices
o Band at least 4 armed men; Armed men number not
specified, as long as there is more than one; Organized crime
syndicate at least two
o Band crimes not specified; Organized crime syndicate
commit crimes for gain
Art 14(9, 10) recidivism, reiteracion
What are the different forms of habituality?
o 1. Recidivism
o 2. Reiteracion
o 3. Habitual delinquency
o 4. Quasi-recidivism
Who is a recidivist?
o Elements:
1. During trial for one crime
2. Has been previously convicted
3. By final judgment
4. Of another crime under the same title in the RPC
o Important things to note:
At least two convictions one preceding the other,
and the preceding one must have final judgment
already
Both offenses must fall under the same title in the
RPC
No specific period between convictions required
o What if the first offense is pardoned?
Still a recidivist because only the effects of the crime
were extinguished by pardon, not the existence of the
crime
What is the nature of recidivism?
o Generic aggravating circumstance
What is reiteracion?
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o Elements:
1. The offender has previously been punished (has
served sentence)
2. First offense must have had a greater or equal
penalty;
3. Or two or more prior offenses with lighter penalty
o Do they have to fall under the same title of the code?
No.
Recidivism Reiteracion
Previous conviction by final
judgment
Previous service of sentence
Under same title of the RPC No need to be under same title
No requirement as to penalty in prior
conviction
One crime or greater penalty or at
least two crimes of lesser penalty
What is habitual delinquency?
o Elements:
1. Within a period of 10 years from date of release or
last conviction
2. For falsification, robbery, estafa, theft, serious or
less serious physical injuries (FRETSeL)
3. Found guilty of said crimes a third time or oftener
o What is the nature of habitual delinquency?
It is special aggravating circumstance, which imposes
an additional penalty (not just increase) which
escalates with the number of convictions. Thus there
will be two penalties: for the crime and for the habitual
delinquency.
As such, this cannot be offset by mitigating
circumstances
o Important things:
At least 2 convictions
The third conviction must be within 10 years from the
second conviction. The 10 year period is counted
from the date of release if he had been released when
against convicted.
o Can one be a recidivist and a habitual offender at the same
time?
Yes, if he is convicted a third time for crimes of estafa,
robbery, or theft which are within Title X of the RPC,
or for serious and less serious physical injuries which
are both within Title VIII of the RPC.
What is quasi-recividism?
o Elements:
1. Offender previously convicted by final judgment
2. Before beginning to serve such sentence, or while
serving it, he commits a felony
o What is the nature of quasi-recividism?
It is a special aggravating circumstance which must
be alleged in the information
Cannot be offset by ordinary mitigating circumstances
o Effect:
Penalize convict with maximum period for the new
felony committed
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o What if during service of first conviction, he reaches 70
years old or he completes service of the first conviction
after 70?
He is pardoned, unless he is a habitual criminal or his
conduct/circumstances show he is unworthy of
pardon
Art 14(11) price, reward, or promise
What must be given as price, reward, or promise?
o Need not be money.
When does this aggravating circumstance apply?
o But the inducement MUST be the primary consideration by the
principal by direct participation.
If the offer is accepted, does the AC apply to both offeror and
offeree?
o YES. Both of them.
Art 14(12) explosives, poison, fire, etc.
Take note of COMADRE and MALNGAN (very important cases)
Under RA 8294, when does the use of unlawfully manufactured,
acquired, or possessed explosives aggravate?
o If used to commit ANY of the crimes in the RPC and it results
to injury or death of any person, it is an aggravating
circumstance
o Except in furtherance of political crimes, which absorbs the use
of explosives
When do these circumstances cease becoming generic
aggravating circumstances?
o 1. When it is a crime in itself
o 2. When it is a means included in defining a crime
Art 14(13) evident premeditation
What are the elements of evident premeditation?
o 1. Proof of time when the accused came up with the
determination to commit the crime
o 2. Overt act by accused showing he determined to commit the
crime and that he clung to that determination.
o 3. Lapse of time between the determination and decision to
carry it out.
What is the essence of this aggravating circumstance?
o Precedence of cool thought and reflection
How much time must elapse?
o The law does not give a formula. Each case must be resolved
on the extent of each factual circumstance.
o P v. Beltran : There was only a lapse of two hours from the
decision to commit the crime and the actual commission of the
crime.
o Was there evident premeditation when one wanted to kill X
but he killed Y instead?
No. Because he did not intend to kill the other guy.
But if one decided to kill any Ilocano or anybody he
encounters and he does, this AC applies.
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So the test is what the initial plan was (whether it
involved a specific person or group) and whether the
execution matched the plan.
When is evident premeditation inherent?
o Evident premeditation is inherent in every specific intent felony.
o Examples:
Kidnapping
Robbery
Estafa (intent to gain)
Piracy in Phil. Waters
When is there evident premeditation in robbery with homicide, and
when is it not?
o If in addition to the crime of robbery, the accused intended to
kill a person, evident premeditation is aggravating.
o If he had no plan to kill a person, but he ends up killing a
person in the house who put up resistance, there is no evident
premeditation.
Does evident premeditation apply to conspiracy?
o If two or more persons conspire to commit a crime, and they
decide to commit it, there may be evident premeditation if the
conspiracy allowed the conspirators to ponder upon and reflect
on their decision to commit a felony.
o Differentiate:
1. instant conspiracy: has no evident premeditation
2. non-instant conspiracy: time to reflect
Art. 14(14) craft, fraud, or disguise
Distinguish:
o 1. Craft cunning or intellectual trickery to caryr out the evil
design
o 2. Fraud deceit, insidious words and machinations
o 3. Disguise concealment of identity
What is the relationship of these with treachery?
o Treachery absorbs these.
Craft and fraud may be aggravating in robbery with homicide, where the
accused induced the victim to take them where the cows they
supposedly wanted to buy are found. But they ended up killing the
victim.
o HELD: Aggravated by craft. Used intellectual trickery.
Art 14(15) superior strength
When is there superior strength?
o Offenders intentionally employ disproportionate force to the
means of defense available to the offended party
Four accused were armed with a knife. One killed the victim, but
there was conspiracy. Only one was armed. Does superior
strength apply?
o Yes, still superior strength, because the victim was unarmed.
Does superior strength apply in parricide?
o No, do not consider abuse of superior strength in parricide. It
is generally accepted that the husband is physically stronger
than the wife.
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What happens when an aggravating circumstance is absorbed by
another?
o It loses its juridical existence.
o What is the relationship between treachery and abuse of
superior strength?
Generally, abuse of superior strength is absorbed by
treachery. Abuse of superior strength then loses its
juridical existence
o Can superior strength in this case offset a mitigating
circumstance?
No because it already lost its juridical existence.
Art 14(16) treachery
For treachery to exist either as a generic aggravating or qualifying
circumstance, what two conditions must apply?
o 1. Employment or means, manner, or method of execution that
would ensure the safety of the offender from any defense or
retaliation of the offended party
o 2. Deliberate act of the offender or conscious choice of the
means, manner, or method of execution
Shown through a) prior conduct of the offender; b)
relationship of the parties; c) nature of the killing
May treachery be considered in carnapping with killing of a
person?
o No. Treachery is not aggravating in qualified carnapping.
Carnapping is a crime against property, so treachery is NOT
aggravating. (As held in a case)
o Is this still true today?
NOT ANYMORE. Take note of P. v. ESCOTE (see
discussion below), which appreciated treachery in
robbery with homicide.
P v. Escote
o Take note that before this case, the SC has always been
divided whether treachery can apply to robbery with homicide.
Those who say no say that it cant apply because robbery with
homicide, which is a crime against property.
o But here, J. Callejo decided to cite Spanish SC decisions,
stating that treachery may aggravate the homicide part of that
special complex crime. So treachery applies.
o Why not qualifying?
The crime of robbery with homicide is a unique crime
in the sense that there can be no robbery with
murder. Homicide is always used as a generic term,
even if the second component is actually murder.
And even if the homicide was actually just out of
negligence, it can still be robbery with homicide.
Is treachery qualifying in special complex crime of kidnapping with
murder?
o Yes. If the victim of kidnapping is killed with treachery, it is a
special complex crime of kidnapping with murder.
o So treachery can apply, under the Escote rule.
Does suddenness of attack per se prove treachery?
o No, Mere suddenness of the attack does not by itself suggest
treachery, unless the offender used the suddenness of the
attack as means or method to ensure success of strike.
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o Chance attacks or crimes done in the spur of the moment, or
those preceded by heated altercation, are NOT treacherous
May treachery be considered if the wrongful act done be different
from that intended by the offender?
o Treachery is present even if the victim killed is different the one
intended to be killed (because what only matters is the means
of killing).
o Treachery may be present in aberratio ictus or error in
personae, again because it is not the intent but the
means/method that matters.
What is the nature of killing by poisoning?
o Treachery is inherent in killing by poisoning. If the offender
poisoned the victim, treachery is inherent.
Art 14(17) ignominy
What is ignominy?
o Circumstance pertaining to a moral order which adds disgrace
or obloquy to the material injury caused to the offended party
and tends to make the crime more humiliating
Examples of ignominy:
o 1. The accused lighted a cigarette on the pubic area of the
victim which caused blisters.
o 2. When the accused focused his flashlight on the genitals of
the offended party, and he examined it before he raped her in
front of her father.
o 3. Raped victim before her betrothed
o 4. Asking her to present her full nakedness before raping her
In the Bacule and Sailan cases, where respectively, the rapist tied
a banana fiber around his penis before the rape, or when the rapist
raped the victim dog-style, there was ignominy. Does this still
apply?
o No, these must be modified. Art. 266-A of RPC: Decisions in
Bacule and Sailan are now amended. These are now acts of
sexual assault.
The accused after killing the victim cut off the left leg and took the
flesh from the legs and shoulders of the victim. Is this ignominy?
o No, because the victim was already dead.
Art 14(18-19) unlawful entry or breaking in
When is there unlawful entry?
o When an entrance is through a way not intended for such
purpose
o Must be for purposes of entry and not escape
When is it inherent?
o 1. Trespass
o 2. Robbery with force upon things
Art 14(20) with aid of minors under 15 years of age/motor vehicles
Is the minor himself liable?
o No. Remember RA 9344 a minor under 15 is absolutely
exempt from liability
o So if he assists, then the minor is completely exempt from
liability
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But the same is still an aggravating circumstance for the offender of
legal age.
When is use of motorized means of conveyance aggravating?
o When the motor vehicle was purposely used to facilitate the
commission of the offense
o Not when used to escape
Art 14(21) Cruelty
What is cruelty?
o Unnecessary physical pain the commission of the crime
What is the test?
o Whether the accused deliberately and despicably augmented
the wrong committed by him by causing another wrong not
necessary for its commission, or inhumanly increasing the
suffering of the victim, slowly and gradually
Does the number of wounds per se determine cruelty?
o No. It is the deliberate act of committing the crime to cause
unnecessary pain, not number of wounds.
o Ex. 20 wounds inflicted rapidly is usually not cruelty
o Ex. 20 wounds excruciatingly inflicted, where the person
savored the act, can be cruelty
There can be no crime of robbery with multiple homicide,
regardless of the number of victims. But supposing for this
reason of robbery, two are killed, can we not consider the 2
nd
killing as an aggravating circumstance analogous to cruelty?
o No. Notwithstanding how many people he killed, there is no
aggravating circumstance.
o The reason is simple: it is not among those listed in Art. 14.
Special laws relating to aggravating circumstances
R.A. 9165
Supposing the accused was under the influence of drugs and then
he killed a person, may the killing by that person under the
influence of drugs be considered an aggravating circumstance in
the commission of the crime?
o Yes. Under R.A. 9165, sec. 25 notwithstanding provisions of
law to the contrary, the positive finding for drugs shall be
considered an aggravating circumstance.
R.A. 8294
P v. Comadre Justice Tinga said that 8294 amended Art 14(12),
because usage of illegally possessed firearms becomes an aggravating
circumstance. Tinga: if the person is in lawful possession of the
explosives, then he uses it, it is QUALIFYING to murder.
Dissent of Callejo:
o Its absurd! If illegally possessed only aggravating. If legally
possessed qualified to murder! This is unjust.
o Use of an unlicensed explosive is AGGRAVATING. Because it
says any crime in the RPC. So that should include murder. It
shouldnt be qualifying.
If unlicensed firearm is used to commit murder or homicide, it is merely
an aggravating circumstance.
But what kind? Is it generic or special AC?
o It is a special AC, not merely generic. So there can be no
offset.
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Does illegal possession aggravate attempted or frustrated
homicide or murder?
o No. The law says homicide or murder. It must be
consummated. If the crime is merely attempted or frustrated,
the AC does not apply.
Under 8294, if one uses an unlicensed firearm to commit a crime other
than homicide or murder, then the use of the unlicensed arm is neither a
separate crime nor an AC. BUT that person must be convicted for that
other crime, before the usage of an unlicensed firearm can be
considered as either a separate crime or an AC.
Does illegal possession of unlicensed firearm aggravate robbery
with homicide?
o No. The law is clear: only murder or homicide. (Although
there are SC decisions to the contrary.)
Do the words homicide and murder include parricide and
infanticide? Or should it be read strictly?
o P v. Mendoza murder is used in its generic term. It therefore
include parricide or infanticide, as the case may be.
o But one can argue that since the law only mentions these two
crimes, under pro reo, then it must be construed in favor of the
victim.
There is security guard of an agency. The agency has license to
possess firearm, but the guard does not. The security guard used
the gun to commit murder. Is it AC?
o Yes, it is. Even if the employer was licensed but the guard had
no license to possess that firearm, then RA 8294 applies.
An accused committed double murder (complex crime). He used
an unlicensed firearm. Is it special AC?
o It should be. The law does not distinguish whether it is simple
or complex. But there is no case yet.
RA 8353
When the accused raped the victim in the presence of her parents
and husband, there was aggravating circumstance of adding
ignominy. Is this still applicable??
o Not anymore. In RA 8353, it is a SPECIAL QUALIFYING
circumstance. (under the enumeration)
R.A. 8353 is found in Art. 266-B of the RPC. The crime of simple rape
becomes qualified becomes penalty of RP to death.
Did R.A. 8353 amend Art 14 of the RPC?
o Not really.
o In Art 266-B, the use of a deadly weapon to commit rape is a
special qualifying circumstance which increases the penalty
from RP to RP/death. It is not an AC under Art. 14, but under
Art. 266-B and 266-C of the RPC.
Art. 15: alternative circumstances
What are alternative circumstances?
o Either aggravating or mitigating according to the nature and
effects of the crime and other conditions attending its
commission
o Only considered when they influence the commission of the
crime
What are the three alternative circumstances?
o 1. Relationship
o 2. Intoxication
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o 3. Degree of instruction/education of offender
What is the scope of relationship under Article 15?
o Spouse
o Ascendant, descendant
o Legitimate, natural, adopted siblings
o Relative by affinity in same degrees
o What if the relationship is just between step-parent and
stepchild?
The relationship between step father and step son is
akin to that to an ascendant and descendant and is
subject to AC of relationship.
BUT relationship between step grandniece and step
grandfather is not one of the relationships
contemplated in Art. 15 of the RPC, as with similar
examples.
o What about first cousins?
When the accused and victim are first cousins,
relationship is NOT aggravating.
o What about uncle and nephew?
No. Uncle and nephew/niece not covered.
Is relationship an AC in rape?
o Yes.
o Relationship is aggravating in crimes against chastity, including
rape.
o While rape is now a crime against persons, it does not lose its
nature as a crime against chastity, because for rape to be
committed there must be lewd design. Thus, relationship is
still an AC in rape.
o What is the effect of father-daughter relationship in rape?
Its now a special aggravating circumstance under RA
8353. No need to resort to relationship as an
alternative circumstance.
RA 7610 child abuse. If the victim is raped by a relative, is this
aggravating applying Art 15?
o P v. Montinola relationship is merely a generic AC
o RA 7610. If the victim is a victim of child abuse.
What if the imposable penalty becomes death?
o In crimes where the imposable penalty is death, relationship
shall not be deemed an AC, regardless of the crime.
When is relationship aggravating and when is it mitigating?
o Relationship is aggravating in crimes against chastity, whether
offender is of higher or lower degree relative
o Relationship is mitigating in crimes against property
When is intoxication mitigating?
o If not habitual, or not pursuant to planning a felony, and
affected mental faculties
o It is aggravating if there is habitualness or intentional
intoxication
What is the rule on education?
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o Low education may be mitigating but never aggravating
o High education may be aggravating but never mitigating
o When is the high education of a person aggravating?
When his education puts him in better position than
the ordinary offenders. Ex. estafa by a lawyer
When is education ignored?
o 1. If the crime is basically wrong like parricide, murder, rape, or
robbery, it is immaterial whether the offender is schooled or
not.
o 2. Education has already been considered by the provision
such as abortion conducted by a physician.
PERSONS CRIMINALLY LIABLE
May a private corporation, partnership, or association or other
juridical entity be criminally liable?
o The general rule is that corporations are not criminally liable
because there is no criminal intent.
o Except: when the law provides that officers or employees are
liable.
o Can both the employer and employee be liable as
principals by direct participation?
Yes, when the employee performed consciously
participated in the acts (ex. illegal recruitment). He
must know of the illegality and still further the act.
o Trust Receipts Law P.D. 115 when violated by corporation,
partnership, or association: penalty is imposed on responsible
officers
o Labor Code ex. illegal recruitment (39-D) same penalty
Who are liable?
o 1. Grave and less grave offenses: principals, accomplices,
accessories
o 2. Light offenses: principals and accomplies
Art. 17: principals
When do these provisions apply?
o These provisions only apply when two or more people are
acting criminally. Otherwise, its just the principal.
When may a person be criminally liable as principal by direct
participation?
o Participation in criminal execution
o Carrying out the plan and directly participating in the execution
N.B. There must be conspiracy, under this usual
definition
o But can there be principals by direct participation without
conspiracy?
Yes: the usual example of two people attacking a
cocky guy in a bar with prior planning. The victim
died due to two bullets, one from each gun. There is
no conspiracy here, but both are liable as principals
by direct participation.
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How about the mastermind? For him to be a principal, does he
have to commit an overt act in the execution of the planned
conspiracy?
o Enough to be held as co-principal through conspiracy, as long
as there is involvement in the planning and commission.
What should the overt act consist of for principals by direct
participation?
o 1. Active participation
o 2. Or giving moral assistance to the other conspirators
Mere presence
Exercising moral ascendancy
What is the general rule as to non-appearance?
o Deemed a desistance which is favored. Mere participation in a
conspiracy is not a crime, because there is no act yet to carry it
out. When there is no criminal participation, there is no liability.
o But see the exceptions for masterminds and PDIs.
Can someone not be in the scene of the crime and still be a
principal?
o Yes. For example, there is conspiracy and one is on look-out
duty for policemen.
o For as long as the conspirators perform specific acts that were
coordinated pursuant to the conspiracy.
X, Y, and Z conspired to kill V. All three stabbed V. Is it a complex
crime?
o No. There is only one crime of homicide, as there is only one
victim. The number of crimes committed does not depend on
the number of co-conspirators.
If rape was committed by 2 or more persons, what happens?
o Commission of rape by two or more persons is a qualifying
circumstance that requires imposition of RP/death.
o Ex. The husband raped the victim, while the wife of the
accused held back the arms of the victim.
HELD: The husband was guilty of rape by direct
participation, and the wife was principal by
indispensable cooperation.
Is it possible that two persons are conspirators but are liable for
different crimes?
o Yes.
o Ex. The private individual is liable for delivery of prisoners,
while the escaped convict is liable for evasion of sentence.
o Ex. X and Y killed Xs wife. Y is liable for homicide. X is liable
for parricide.
What is the rule for Robbery with homicide?
o General rule: the act of one is act of all, even if only one co-
conspirator killed the victim.
o Is it possible that one is liable only for robbery but not
robbery with homicide?
Yes, if one desisted before the homicide was
committed. For instance, one prevented the other
from stabbing the victim
o What about robbery with rape?
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All the accused will be liable for the rape committed
by one of them, unless one proves that he
endeavored to prevent the person from doing so.
o For these cases, one must perform an OVERT act to prevent
the commission of the other crime. Mere silence or running
away is not enough disavowal.
How does one become a principal by direct inducement?
o 1. Directly forcing another to commit a crime
Using irresistible force
Causing uncontrollable fear
o 2. Direct inducing another to commit a crime
Giving price, reward, or promise
Using words of command
What are the requisites to become a PDI?
o 1. Inducement made directly with intent of procuring the
commission of the crime
o 2. Inducement is the determining cause of the commission of
the crime by material execution
What is required for use of words, to become a PDI?
o Must have actually moved the hands of the principal by direct
participation, the latter of which has no other recourse but to
obey the command. This especially applies when the PDI has
moral ascendancy over the PDP.
Does the PDI need to be in the scene of the crime?
o No. His inducement is enough.
What if the person inducing did not qualify in the above
description?
o He is generally liable as an accomplice.
What if the person merely made carless remarks not meant to be
obeyed?
o He is neither a PDI nor an accomplice. He is not criminally
liable.
When does one become a principal by indispensable cooperation?
o Direct participation in the criminal design by another act
without which the crime could not have been committed.
What is the main distinction between the PDP and principal by
indispensable cooperation?
o For the PIC, he must perform an act different from the overt act
of the PDP; otherwise, he also becomes a PDP.
Must the PIC be present during the planning stage of the
conspiracy?
o No. He may become a principal at the moment of execution of
the crime with the other principals. It can arise from implied
conspiracy.
What is the rule in case of doubt?
o The liability of the PIC is merely as that of an accomplice.
Is it possible that the PIC commits a crime different from the PDP?
o Yes. An example is malversation through falsification of public
documents committed by a public officer in conspiracy with a
private individual. The private individual may be liable for
malversation.
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Can the PDPs acts be by dolo and the PIC, by culpa?
o Yes. Ex. There was a bank employee with two friends. The
friends made the employee believe that a bank document was
genuine, which was approved by the employee without needed
diligence. The crime of the PIC is estafa through falsification of
commercial document, by culpa.
Art. 18: accomplices
What are the acts of accomplices?
o Prior or simultaneous acts not indispensable for the
commission of the crime, and not overt acts for commission
thereof.
What are the requisites to be liable as an accomplice?
o 1. Offender took part in the execution of the crime by previous
or simultaneous acts
o 2. He intended to take part in the commission of the crime
At what point must the accomplice acquired knowledge of the
commission of the crime by the PDP?
o After the PDP has reached a decision to commit a crime. The
accomplice does not decide the commission of a crime. He
just agrees after the criminal resolution is accomplished.
o If he was part of the decision to commit the crime in
conspiracy, he becomes a principal.
o Likewise, if he commits an act of execution, he also becomes a
PDP.
Contrast a conspirator from an accomplice:
o Both the conspirator and accomplice know of the crime and
agree with the criminal resolution. The conspirators decide,
and the accomplices merely concur and cooperate.
o The crime is performed by the PDP, while the accomplice is
merely an instrument of the conspirators not members of the
conspiracy.
May one be charged and convicted as accomplice or accessory
even before principal charged or convicted? Or should the PDP
first be convicted before accomplice and accessory be charged or
convicted? What are their corresponding liabilities?
o As long as commission of the crime can be proven beyond
reasonable doubt, determination of criminal responsibility of
accessory may be determined independently of and separately
from liability of the PDP.
o If the case against PDP is dismissed, the case against
accomplice or accessory must also be dismissed because the
liability of the latter is subordinate to that of the PDP.
o But the dismissal of the case against the latter does not
necessarily result in dismissal of the case against the PDP.
Art. 19: accessories
Who is an accessory?
o One must have knowledge of the commission of the felony,
and he participates after the commission by any of the acts
enumerated in Art. 19. His participation must not be that of a
principal or accomplice.
What are the requisites to become an accessory?
o 1. Knowledge of the commission of the crime
o 2. Without participating therein
o 3. Perform any of the following acts (see below).
What are the three acts of accessories in Article 19?
o 1. By profiting themselves or assisting the offender to profit by
the effects of the crime
o 2. By concealing or destroying the body of the crime (corpus
delicti), or the effects or instruments thereof, in order to prevent
its discovery
o 3. By harboring, concealing, or assisting in the escape of the
principal, and
A. the accessory acts with abuse of public functions
OR
B. the accessory is a private individual, but the author
of the crime is guilty of treason, murder, parricide, or
attempt to take life of the Chief Executive, or is known
to be habitually guilty of some other crime
When does the accessory participate?
o His participation comes after the commission of the crime.
Does mere silence make one liable for the crime as an accessory?
o No. It is not a crime to remain silent.
What is the corpus delicti or body of crime that must be
concealed or destroyed under par. 2?
o Body or substance of the crime, or the actual commission by
someone of the particular crime charged. It is either:
1. Proof of occurrence of a certain event
2. Some persons criminal responsiiblity
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X, a policeman, witnessed the killing of V by K. X failed to arrest K
and even told K not to tell the other policemen. Is X an accessory?
o Yes, under art. 19(3). It was the duty of the policeman to
arrest the culprit and not to conceal the commission of the
crime by silence or misleading statements. By his acts, he
abused his public position.
What is PD 1612 (Anti-Fencing Law)?
o One who acquires stolen property is criminally liable as an
accessory under Art. 19 or as a principal for fencing under PD
1612. Prosecution has the option.
When does one become a principal for fencing requisites?
o 1. The crime of robbery or theft must be committed, and
accused did not participate in the commission thereof.
o 2. The accused then acquires the proceeds of the robbery or
theft, and he has actual knowledge thereof or he should have
known the subject is from such acts
o 3. Intent to acquire
What is the special rule P.D. 532 (piracy, highway robbery and
brigandage)?
o Any person who directly or indirectly abets the commission of
piracy or highway robbery/brigandage is not just an accessory
he is an accomplice to the principal of the crime.
o The person who profits from the loot is charged with Abetting
Brigandage and is charged as an accomplice (not just an
accessory)
Art. 20: accessories exempt from liability
Who are the accessories exempt from liability?
o Those who are accessories vis--vis spouses, ascendants,
descendants, legitimate/natural/adopted brothers and sisters,
or relatives by affinity of the same degree
o When does it not apply?
To paragraph 1 (profiting from the crime)
X killed Y. X told his sister S to hide the body of Y. X and S buried
Y. What is the liability of S?
o S is exempt under Art. 20. The basis of the exemption is ties
of blood between the PDP and accessory.
What if a policeman furnishes the means for his brother to escape
with abuse of public position? Is he exempt?
o He is. Blood-ties are more powerful than call of duty.
Moreover, the law does not distinguish between private
citizens and public officers.
What is PD 1829 or Obstruction of Justice?
o Those who assist the principal to escape may be prosecuted
under PD 1829 as a principal for obstruction of justice. When
convicted, the penalty imposed is the higher penalty between
PD 1829 and any other law, including the RPC.
What are the acts amounting to Obstruction of Justice?
o 1. Preventing witnesses from testifying
o 2. Altering or suppressing evidence
o 3. Harboring or concealing the offender
o 4.using fictitious name to conceal crime or evade prosecution
o 5. Obstruction of service of court processes/orders or
disturbing proceedings in fiscal or Court
o 6. Making or presenting false evidence
o 7. Solicitation or acceptance of benefit to desist in prosecution
o 8. Using threats to prevent a person from appearing in
proceedings
o 9. Giving false or misleading information to law enforcement
agents
Does PD 1829 provide the same exceptions as Art. 20?
o No.
PENALTIES
Offended party and accused agreed to fight; one lost. He filed for
a complaint for physical injuries. Does the pari delicto doctrine
apply?
o No. It does not apply to criminal cases. In fact, two people
can agree to duel, and if one dies, the offender may be
charged under the RPC.
Does estoppel apply to criminal cases?
o No. The offended party is the State. Private individual who
sustained the damage is merely the witness to the crime.
Can there be imprisonment at the discretion of the court?
o No. It must be according to limits imposed by law.
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Did the SC circular giving preference to fines over imprisonment
for BP 22 and libel violations amend the law?
o No. There was no abolishment of the penalty of imprisonment.
May the favorable provisions of RA 7659 (Abolishing the DP)
retroact to entitle the offender to RP?
o Yes. Penal laws retroact in so far as they favor a person guilty
of a felony, as long as he is not a habitual delinquents
o Even when there is already a final judgment
o Does this apply even to SPLs?
Yes.
What is the retroactive application of RA 9344?
o Any pending cases involving children below 15 are
automatically dismissed and referred to appropriate diversion
programs
o Those already serving sentence are reassessed/reclassified
under the new benevolent features of the law
o If the minor is no longer entitled to suspension of sentence (Ex.
reached 18 years old) and the court resolves to impose the
sentence, he can still apply for probation
What if a penal law is repealed?
o Then the court has no more jurisdiction to hear the case
o The offense never existed and the person who committed it
never did so.
o Exceptions?
1. Saving clause
2. The repealing act reenacts the former statute
What is the effect of RA 8353 on Articles 23 and 344 which provide
for pardon by the offended party?
o Rape and sexual assault are now crimes against persons.
o Thus, criminal action can only be commenced by information
filed by public prosecutor, and not the private offended party.
o If a crime is public, private individual cannot pardon the crime
or compromise it, unless provided by law. In a criminal action,
it is the State that is the offended party; the private individual is
just a witness.
o Exception: RA 8353 marriage of offender and rape victim
Shall extinguish criminal action
If already convicted, penalty imposed will be
extinguished
Note, however, that a husband can be convicted for
rape or sexual assault against his wife.
Criminal liability may only be extinguished by law or the grounds in Art.
89.
o A public officer is charged with RA 3019. He returns the
money. Will his liability be extinguished?
No. It will not exonerate him from criminal liability, but
will extinguish his civil liability. P v. Sandiganbayan
What are not considered as penalties?
o 1. Arrest and temporary detention of accused, or detention due
to insanity or imbecility
o 2. Commitment of a minor in institutions
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o 3. Preventive suspension from employment or public office
o 4. Fines and other corrective measures imposed by superior
officials on subordinates
Refers to administrative sanctions in administrative
cases against public officers and employees (imposed
by superiors)
Paragraph 2 mentions commitment of minor in a facility, according
to Art. 80. Is this still valid?
o No. This was already repealed by PD 1603 and amended by
RA 9344.
Correlate the above enumeration with RA 6975, par. 4:
o If police officer or employee is charged for a crime in a valid
information, he may be suspended during pendency of the
case. This is not a penalty, but just a means to facilitate
justice.
Correlate with RA 3019:
o When a public officer or employee is charged, he may be
suspended 90 days. This is not deemed a penalty.
What is the effect of RA 9346 abolishing the death penalty (and as
clarified by P v. Bon)?
o 1. It retroactively benefited all those convicted and being tried
for the death penalty, which has been abolished. It benefits
even habitual delinquents.
o 2. It does not affect RA 7659s provisions on how the crime is
committed; it just reduces the penalty imposed by RA 7659
from death to RP.
o 3. It equalized the penalties of certain offenses which used to
be graduated. Examples:
Piracy (RP) and qualified piracy (RP to death) are
now both RP.
Kidnapping (RP to death) and Kidnapping with
Homicide or Rape (mandatory death) are now both
RP.
Destructive arson (RP to death) and Arson with
homicide (mandatory death) are now both RP.
o 4. In graduation of offenses one or two degrees lower, take out
death from the scale as well.
o 5. It did not declassify the crimes as heinous. Only the
penalty imposed is affected.
Is RP the same as life imprisonment?
o No. RP has a fixed duration and accessory penalties, and is
imposed by the RPC.
o Life imprisonment has no fixed duration, no accessory
penalties, and is imposed by SPLs.
What is the dual nature of temporary disqualification and
suspension?
o As principal penalty
Temporary DQ: 6 years and 1 day to 12 years
Suspension: 6 months and 1 day to 6 years
o As accessory penalty:
Follow principal penalty
Can a lesser offense absorb a graver offense?
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o Yes. Examples are rebellion (RT) absorbing murder (RP)
when committed in furtherance of the former. Forcible
abduction (RT) absorbs illegal detention of a woman (RP).
What is the nature of Reclusion Perpetua?
o RP is an indivisible penalty.
o There is no minimum, medium, or maximum period.
o It is not affected by mitigating or aggravating circumstances.
o So why does RA 7659 fix the duration at 20 years and 1
day to 40 years?
In order to avoid a lacuna because RT caps out at 20
years. The provisions discussing RP provide that at
30 years, the offender is entitled to parole, while
service of penalty is at maximum 40 years. Thus, the
period for RP has become 20 years and 1 day to 40
years. (It would be absurd to set it at 30 years to 40
years, since there will be a gap.)
o What is the minimum period of imprisonment for RP?
30 years, after which the offender will be eligible for
pardon by the Chief Executive. (Although there is
nothing preventing the Chief Executive from
pardoning the offender beforehand.)
o What is the number used in pegging the three fold rule
for RP?
30 years as well. Since that article provides that
when the culprit has to serve at least 2 penalties, the
maximum duration of the sentence should not be
more than 3-fold the length of time corresponding to
the most severe penalty.
What are the indivisible penalties?
o 1. RP
o 2. Perpetual absolute or special DQ
o 3. Public censure
What are the effects of indivisible penalties?
o Impose the penalty in its entirety
Even if there is a special aggravating or two
mitigating, it will not be affected.
o BUT if there is privileged mitigating circumstance, it may be
reduced by 1 or 2 degrees.
Exceptional situations:
o P.D. 818 Syndicated Estafa:
Maximum of crime is 30 years, which in connection
with the accessory penalties shall be 30 years of RP
o People v. Canales imposed 40 years of RP, with accessory
penalties pertaining to death, and cannot be pardoned until
after 40 years have passed.
How did the court reach this decision?
Because under Art. 309 of the RPC, theft is
punishable by maximum of RT. But for Art.
310, qualified theft, penalty is two degrees
higher. This is death.
But the rule under Art. 74 is that if the next
higher penalty is death, it becomes RP, with
accessory penalties of death. This is also
the reason why he cannot be pardoned
before 40 years have lapsed, instead of 30.
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N.B. Note, however, that Boado believes that there is
no more such distinction now that the DP has been
abolished.
When a penalty of fine is imposed, what is the order of payment of
pecuniary liabilities?
o Read in conjunction with Art. 38 (order of payment of pecuniary
liabilities): 1. Reparation, 2. Indemnification, 3. Fine, 3. Cost of
proceedings
o To whom is the fine given?
Not given to the complainant; it is given to the State.
o Can accused use its cash bail bond to pay his fine, if
convicted?
Yes. The law does not prohibit him from using his
cash bail bond to pay his fine. It is only meant to
ensure his attendance during the process.
Conflict of provisions leading to confusing rulings, if the fine is exactly
200 pesos:
o In Article 9, P200 is a light penalty. In Article 26, P200 it is a
correctional penalty.
o To harmonize:
When the issue is prescription of crime, apply Art. 9.
When the issue is prescription of penalty, apply Art.
26.
How do you compute the penalty if the accused is not in jail?
o Compute from the time accused is at disposal of the authorities
or the court for promulgation of sentence.
What if he is in prison?
o From the day the judgment of conviction becomes final. If he
appeals, it is not yet final.
How will time spent in prison during preventive imprisonment be
credited?
o If the detainee agrees voluntarily in writing to abide by the
same disciplinary rules imposed on convicts credit time in full
Exceptions:
1. Recidivists
2. Upon being summoned for execution of
sentence he failed to surrender voluntarily
o Other cases and exceptions 4/5 credit
What if the detainees detention has reached the possible
maximum imprisonment for the offense charged?
o He must be released immediately without prejudice to the
continuation of the trial or appeal.
o What is the maximum penalty for destierro?
30 days
o What is the remedy when the person has reached the
maximum penalty imposable?
Habeas corpus
o If the convict is sentenced to RP or life imprisonment, he is still
entitled to the benefits of this provision.
What is preventive imprisonment for children in conflict with the
law under RA 9344, sec. 53?
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o Any form of physical restraint imposed on a child in conflict
with the law including his community service or commitment to
a rehabilitation center shall be considered as preventive
imprisonment.
o If the minor juvenile is imprisoned pending trial he shall be
credited with the service of the sentence with the full time in
which the child was preventively imprisoned
Provided the child agrees with the rules and
regulations of the penal institution
If not, still entitled to 4/5ths of the time
Under Art. 104 of the RPC, the offender is civilly liable to the offended
party for restitution, damage, reparation, and indemnification for
consequential damages. The liability of the accused (under Art. 104)
covers civil liabilities or pecuniary liabilities. How about the penalty of
fine under Art. 38 of the RPC in relation to Art. 39?
o It is also a pecuniary liability of the accused, but it is a
pecuniary penalty (and not a pecuniary liability), because it is a
penalty under Art. 25 of the RPC.
o So it is still covered by the order of payment.
What is civil interdiction and what rights does it cover?
o Accessory penalty that attaches to RP and RT.
o Deprivation of the following rights
1. Parental authority
2. Guardian as to person/property of ward
3. Martial authority
4. Management of property
5. Disposition of property by acts inter vivos
So he can still make a last will and testament
o Cannot appoint an agent to fulfill these tasks
Art. 39: subsidiary imprisonment
When is subsidiary imprisonment imposed?
o Subsidiary imprisonment can only be imposed if the accused is
penalized with a fine (either alone or in conjunction with
imprisonment), and because of insolvency, he cannot pay the
fine.
How long is the subsidiary imprisonment?
o If penalty is PC/arresto + fine confined until the fine is
satisfied under the conversion
Whichever is the least among:
1. 1/3 of his sentence term
2. 1 year
3. Quotient of fine divided by 8 pesos
o If penalty is just a fine
Subsidiary imprisonment must not exceed 6 months
for grave or less grave felonies
Must not exceed 15 days for light felonies
o If penalty is higher than PC, no subsidiary imprisonment
Can the convict be ordered to serve subsidiary imprisonment for
failure to pay pecuniary liabilities?
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o No. The convict cannot be ordered to serve subsidiary
imprisonment for failure to pay pecuniary LIABILITY; but he
can serve for pecuniary PENALTY.
If he is not insolvent, but he does not want to pay the fine, can he
choose to go to jail instead?
o No. The accused has no choice but to pay the fine.
Will subsidiary imprisonment apply for SPLs?
o Yes. If the accused was convicted of a crime defined by SPL,
Art. 39 will still apply, taking into account Art. 10 of the RPC.
Ex: Violation of BP 22
Supposing he was convicted for possession of unlicensed firearm
and sentenced to prison term but he was insolvent. Subsidiary
imprisonment?
o Yes. Again, Article 39 is consistent with Art. 10.
Must there be an express statement in the dispositive portion
imposing subsidiary imprisonment?
o Yes. Subsidiary imprisonment is a penalty. There must be a
statement in the dispositive portion that if he is insolvent, he
must serve subsidiary imprisonment. Absent this specific order
in the dispositive portion, he cannot be compelled to serve this.
(Ramos v. Judge)
What is the financial standing of the culprit improves?
o He has to pay. Subsidiary personal liability does not relieve
him from the obligation to pay the fine in case his financial
standing improves.
When can there be no subsidiary imprisonment?
o If the penalty is higher than prision correccional, there can be
no subsidiary imprisonment.
Toledo v. Superintendent, citing Bagtas v. Director of Prisons ,
supposing the accused is charged with 2 or more offenses and there
was 1 decision that convicted him of all the charges. How do we
determine the 6-year limit?
o Where this situation exists, the 6 year period limit shall be
based on the total duration of the penalties imposed by the
court based, after the joint trial, on the 3-fold rule under Art. 70
of the RPC. If the totality of the penalties exceed 6 years, no
subsidiary imprisonment shall not be imposed, even if the
penalty for each of the crimes is less than 6 years.
Art. 45: forfeiture of the proceeds of the crime
Who has the power to order forfeiture of the proceeds of the crime
and the instruments or tools used in the crime?
o Only the trial court which rendered conviction of the accused
may order this.
o But before the court may do so, the tools or instruments must
be presented to the court as evidence. Otherwise, the court
has no jurisdiction to order the forfeiture or destruction of such.
o In case of bribery, the money used may be forfeited in favor of
the state.
What if the tool or instrument belongs to some other person?
o The tool or instrument MUST belong to the accused himself. If
it belongs to some other person and he has no involvement in
the crime, there can be no such declaration.
Does this provision apply to SPLs?
o Yes.
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When may the court order destruction of the items?
o If the items are contraband.
What is the rule under the Dangerous Drugs Act?
o Those subject of the crime, including proceeds derived from
drug trafficking, and even money and assets acquired in
violation of RA 9165 deemed and ordered forfeited in favor of
the government, unless belonging to third persons without
involvement of the crime.
o Exception to third person rule: if the items are beyond lawful
commerce still forfeited
o Under Sec. 20 of the same law, the proceeds of the sale or
disposition of the property forfeited must be used to pay the
expenses incurred in the proceedings including cost of the
proceedings
Art. 48: complex crimes
When is there a complex crime?
o Material Plurality when a single act constitutes two or more
grave or less grave offenses (delito compuesto), or when an
offense is a necessary means to commit the other (delito
complejo)
What is the effect on the penalty?
o There is only one penalty, although there are multiple crimes
o The more serious crimes penalty is imposed in maximum
period
Delito compuesto (first mode)
When is there delito compuesto?
o Either dolo or culpa
Ex. : person was convicted for reckless imprudence
resulting into homicide and destruction of property
o The felonies resulting from the single act must be felonies in
the RPC
o If punishable under the RPC and an SPL, Art. 48 will not apply.
The offender may be charged and convicted for both crimes,
separately without double jeopardy.
Ex. Estafa and illegal recruitment
Ex. Estafa and BP 22
Can Art. 48 apply if the constituent acts are less grave felony and
light felony?
o No, light offenses are not included (see excerpt).
If under Art. 48, the maximum of the graver penalty is imposed, is it
a special aggravating circumstance?
o No.
What if the accused is entitled to a generic mitigating
circumstance, will it offset?
o No, unless it is a privileged mitigating circumstance.
Supposing one wants to kill another with treachery, but there was
abberatio ictus?
o Then the crime committed by the accused is a COMPLEX
CRIME.
o Attempted homicide + homicide
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The accused stabbed the victim with a bolo, and the bolo hit both
the person and the person behind him. The target died. What is
the crime?
o Complex crime of murder and SPI.
o (Note that as to the second person, it was just SPI because
there was no intent to kill him.)
The accused forcibly insert his penis into the vagina of the woman
and she sustained Less SPI in her vagina. What is the crime?
o Complex crime of rape with LSPI
The accused stabbed his wife to death, and she was 6 months
pregnant at the time. What is the crime?
o Complex crime of parricide with unintentional abortion.
What is required for delito compuesto?
o The law is clear: a single act. But the SC sometimes applied
the single impulse test or the single criminal intent test.
o Gamboa v. P, cited in P. v. Judge Pineda : there must be
singularity of the criminal act, not singularity of the criminal
impulse. Because singularity of criminal purpose is NOT
written in Art. 48.
The SC applied single impulse test for the first time:
o X stole on the same occasion 13 cows. SC held: one crime of
theft even if there were 13 cows, applying single impulse test.
o Y took two roosters on one occasion. SC held: one crime of
theft because it was in response to one criminal impulse.
In crimes against chastity, the SC adopted another test: single criminal
intent:
o X raped his niece at 10 am, and then again at 11 am at same
grassy area. One crime of rape, even though committed in
intervals of one hour, because he was motivated by a single
criminal intent.
o Y inserted private organ and raped the victim, but he was not
content; he also inserted his finger at the same place and at
the same occasion. The accused is guilty of one count of rape
and 2 counts of sexual assault: same place, same occasion.
o Z inserted his penis into the vagina of the victim and made
several push and pull movements but without removing his
organ, until he reached orgasm. Only one crime of rape,
because he reached orgasm only once then he removed it.
o W raped his niece once a day and inserted his finger once a
day, for 16 successive days in different locations. Guilty of as
many crimes of rape and sexual assault equal to how many
times he inserted his organ and finger.
Reasoning: there could not be a single criminal intent
because each time he committed the crime, was on
different days the accused was animated by
separate criminal intents on each occasion.
o V raped the victim for first time is the pig pen, about 8 meters
from the house. Then brought her to the room and raped her
again. Then brought victim room of cousin, and raped again.
Brought her to kitchen, where he raped her again. There were
separate criminal intents because he raped the victim in
different places although the rapes were done successively.
o What is the test then?
The place test
NOTE, however: P v. Escoton: Convicted person for
5 counts of rape even if it was in the same place, and
at the same night. Be forewarned that this might be
the new rule now (2010 decision).
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What test will be applied for kidnapping? Single impulse or single
intent?
o Even if the persons were kidnapped on the same occasion and
place, there were as many crimes of kidnapping as there were
persons.
o Kidnapping with homicide, K with murder, K with rape are all
special complex crimes, and not complex crimes under Art. 48
of the RPC. Even if the homicide or rape is a mere
afterthought, this would be the crime.
o If the victim of kidnapping got raped, how many crimes of
special complex crime of kidnapping and rape?
There are as many times of crimes of kidnapping and
rape as the number of persons kidnapped and raped.
o What is the test then?
Number of persons
Will you apply the single criminal intent or resolution test in mala
prohibita?
o No. Lim v. P: X issued 3 bouncing checks on the same
occasion. There are as many violations of BP 22 as there
were many checks. The criminal intent or resolution test does
not apply because it is mala prohibita.
What about falsification of documents? Must one apply the single
criminal intent or resolution test?
o X convicted of only one complex crime of estafa through
falsification of three postal money orders which she cashed in
on the same day. Since it was the same occasion, the acts
were considered as only one act of estafa through falsification
of commercial document.
o Y falsified three money orders separately. Here, each act
constitutes a separate crime, because Y was animated by
separate impulses, in falsifying each voucher.
o Z, an employee of the SC, falsified the roll of attorneys.
Included 3 names. HELD: As many crimes of falsification as
there are many persons.
o X antedates a public document, forges the signatures
therein, and changes its content. Is he guilty for three
counts of falsification of the document?
No. There was only one crime of falsification of public
document, although there were multiple modes of
falsification committed.
o Gamboa v. CA : There was no single impulse, intent, or
resolution test mentioned in Art. 48. It mentions a single act.
o Compare to Ilagan v. CA: X is a real estate agent who
fraudulently collected from lot buyers, but instead of
turning over the proceeds to the corporation, he kept
them. How many crimes of estafa did he commit?
As far as the lot buyers were concerned, there were
as many crimes of estafa as the number of times the
petitioner fraudulently collected from the victims.
As far as the corporation is concerned, it depends on
obligation to account. If he is obliged to account
everyday and he fails to do so, there are as many
crimes of estafa as the number of days he failed to
account. If he is obliged to account every month, he
is guilty for every month he fails to account.
What is the rule for libel?
o Even if two or more persons were subject to libel, if there was
only one publication, there is only one crime of libel.
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What is the rule for adultery? Is is a delito continuado
(continuing crime)?
o Adultery is not a delito continuado. Each sexual act is an
offense. Adultery is consummated and exhausted at the time
of carnal union.
Crimes against persons:
o X and Y, constabulary officers, killed around 50 people
with guns. What is the crime?
Convicted of complex crime of multiple murder under
Art. 48(1), applying single impulse test.
N.B. the court just resorted to this because they
couldnt tell who killed who.
o There were several killings inside Bilibid prison. What was
the crime?
Decision by J. Aquino: Multiple counts of murder and
multiple counts of attempted and frustrated murder.
Again, the SC applied single criminal impulse test.
Dissent by J. Makasiar: Read Art. 48 single act. It
doesnt say single criminal impulse.
On an MR: J. Aquino reneged, considering J.
Makasiar. If it is prisoners, apply Art. 48. If NOT
prisoners, then separate crimes. This is really
strange.
o But what MUST be the rule, according to P v. Pineda?
DO NOT APPLY SINGLE IMPULSE TEST. Just read
Art. 48: it requires a single act.
o Several accused had automatic, high powered guns and
killed several people. When they pulled the trigger,
several bullets shot out. What was the crime?
Complex crime of multiple murder and multiple
attempted murder. Although several independent
acts were done, it was not possible to determine who
among them killed how many victims.
The accused showed a single criminal impulse based
on the statement my gosh, di natin napatay lahat.
The SC also used conspiracy as basis.
o But see P v. Dalmacio: Armalite guns fired successively, and
explosives, killed several and seriously wounded others. The
accused were guilty for as many crimes as how many people
were injured.
Malversation:
o There may be a complex crime of malversation through
falsification of official documents a crime being done to
commit another crime.
Can you apply Art. 48 to plunder?
o No. Plunder is unique. One cannot apply Art. 48. Although
there maybe some predicate crimes, only ONE CRIME is
committed.
Article 48 does not apply to special complex crimes:
o Ex. robbery with homicide, robbery with rape, robbery with
intentional mutilation
o Ex. kidnapping with murder, kidnapping with rape, kidnapping
with homicide
Delito complejo (second mode)
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When is there delito complejo?
o One felony is the necessary means to facilitate or ensure the
commission of another felony. If one felony is indispensable to
the commission of another, then Art. 48 DOES NOT apply;
there is only one crime.
o Bottom line: Must be necessary but NOT indispensable.
Is it possible that one is delictual and the other is culpable felony?
o Yes.
o Ex. Cashed check on behalf of an impostor. The employee of
the bank did not bother to check, since they are friends.
o Due to the employees failure to ascertain identity of payee,
there was Estafa through falsification by culpa. The latter was
the means to commit the former.
o Why can a public document be falsified through culpa?
Because for official or mercantile documents, there is
no need to prove that there is intent to cause damage.
The intent to cause damage is only required for
private document. Therefore, there is no falsification
through culpa for private documents.
What about forcible abduction with rape: related with Art. 342 and
rape/sexual assault (Art. 366-A)?
o Take into account absorption of felonies. If the intention was to
rape, and the victim was brought to a place in light of rape,
then there is rape only abduction is absorbed by rape.
o But there may be a complex crime of forcible abduction with
rape. What are these cases where it not absorbed and
when it is absorbed?
Ex. Victim abducted and brought to grassy area near
her house, where she was raped. Abduction was
absorbed since it was near her house.
Ex. Brought to place 600m from her house, where
she was raped. Abduction was STILL absorbed by
rape.
Ex. : Abducted to place 100m from her house
forcible abduction with rape. What is determinative?
SPECIFIC INTENTION OF OFFENDER AND NOT
THE DISTANCE
o What if there was abduction, and then there were three
rapes done after?
The moment the first rape was committed, then
forcible abduction with rape was consummated. So
the second and third rapes were SEPARATE crimes.
There is one complex crime, two separate simple
crimes. (This is en banc decision.)
But there are some commentators that say that the
subsequent rapes must be absorbed since abduction
is a continuing crime.
If the accused abducted two women at the same time, and then
raped both?
o Guilty of TWO counts of forcible abduction with rape.
Can robbery with force upon things be taken together with robbery
with violence against persons as a complex crime?
o Yes. The former can be a means to commit the latter.
When does delito complejo not apply?
o 1. Indispensable to the second crime
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o 2. Essential element or mode of committing another felony
o 3. Merged with another crime
o 4. Felony is committed to conceal another crime
A company officer falsified two private documents to make it
appear that there were two extra employees, even if she really just
kept the wages for herself. Can one apply Art. 48(2) for estafa
through falsification of private document?
o No. There can be no complex crime of estafa through
falsification of a private document, because the latter must
have 1. Intent to cause damage, and 2. Damage caused. For
estafa, the same elements must apply. The moment the
falsification was established by intent to cause damage, the
same element CAN NO LONGER BE USED to establish
estafa.
o The crime instead is falsification of private document. If the
estafa can be committed without the falsification, the proper
charge is estafa. Art. 48 does not apply.
o If it is falsification of public or mercantile document, can
there be complex crime of estafa through falsification of
public document?
Yes.
Is coup detat a political crime?
o Yes.
o Political crimes are those directly aimed against the political
order. Any common crime committed in furtherance of a
political crime is absorbed.
o The common crimes are absorbed because they are
necessary to achieve the political purpose.
o What about illegal possession of firearms?
Yes, it is absorbed. See RA 8294.
Art. 48 is for the benefit of the offender, under the pro reo
principle. How so?
o Because even if there are two crimes committed, the law only
punishes the offender for one, although it is in the maximum
period. In the eyes of the law, the two crimes stem from a
single criminal intent this is less perverse in the eyes of the
law compared to punishing him for two crimes.
o Does this apply to the second part of Article 48?
Yes, because the first act was only a means done to
commit the second crime. There is still one criminal
resolution.
o How did the SC reason this out in P v. Hernandez?
Absorption in political crimes.
Read the dissent of J. Montemayor . He said that pro
reo should not apply to the second paragraph
because he committed two crimes, unlike in the first
paragraph.
The majority rejected this by pointing out that both
means were included in the same provision. If the
treatment for the second paragraph must be different,
then it should have been placed in a different
provision.
How do you define grave and less grave offense?
o Grave: afflictive or capital
o Less grave: corrective
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Does 48 apply if one crime is under RPC and one is SPL?
o No. It mentioned felonies.
o So punish them separately. Ex. violated estafa and BP 22.
If one is under RPC and ordinance?
o No. Punished under both the RPC and the ordinance violated.
Can there be a complex crime of arson and homicide?
o No. Its either only simple arson or simple homicide. NEVER
complex. Look at intent.
What is the penalty for a complex crime?
o Penalty for the more serious crime, applied in its maximum
period.
Art. 49: penalty for error in personae
To which situation does Article 49 apply to?
o Only error in personae.
o N.B. aberration ictus and praeter intentionem both attract the
application of Article 48 instead.
What is the penalty for praeter intentionem?
o 1. If the penalty for the felony actually committed is higher than
that which he originally intended, the penalty of the latter in its
maximum period.
o 2. If the penalty for the felony actually committed is lower than
that which he originally intended, the penalty of the former in its
maximum period.
o 3. If the act actually committed is an attempt or frustration of
another crime which has a higher penalty if consummated, the
penalty of the attempt or frustration in its maximum period.
Application of penalties
What are the rules in reduction of the penalties provided under
law?
o Consult the following table:
Consummated Frustrated Attempted
Principal As provided -1 -2
Accomplice -1 -2 -3
Accessory -2 -3 -4
What are the rules on reduction of penalties?
o 1. Single and indivisible penalty next lower penalty
Ex. RP RT
o 2. Penalty is two indivisible penalties or one or more divisible
penalties imposed to their full extent penalty next lower in
degree as to the lower divisible penalty
Ex. PM to RT PC
o 3. Penalty is one/two indivisible penalty and maximum period
of another divisible penalty medium and maximum periods
of the proper divisible penalty and the maximum period of the
next lower
Ex. RT in maximum to Death PM in maximum to
RT in medium
o 4. Several periods corresponding to different divisible penalties
period following the minimum prescribed and the two next
following
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Ex. PM in medium to RT in minimum PC in
medium to PM in minimum
What are the rules on MCs and ACs?
o 1. If the AC is taking advantage of public position:
Impose penalty in its maximum regardless of MCs
o 2. If the crime was committed by a person belonging to an
organized or syndicated crime group (group of 2 or more
persons collaborating, confederating, or mutually helping each
other for purposes of gain in commission of crime there
must be an organized group, and not just a conspiracy):
Impose penalty in its maximum as well regardless of
MCs
o 3. ACs and MCs which arise from moral attributes of offender,
private relations with offended party, or other personal causes:
Will only aggravate or mitigate liability of those to
whom the circumstances apply to
o 4. ACs and MCs which consist in the material execution/means
to accomplish the act
Will only aggravate or mitigate liability of those had
knowledge of them at the time of execution or
cooperation
Why are abuse of public position and crime by
syndicate/organized crime group special ACs?
o It cannot be offset by generic mitigating circumstances
What is the rule for habitual delinquents?
o 3
rd
conviction:
Penalty for last crime + PC in medium and maximum
periods
o 4
th
conviction:
Penalty for last crime + PM in minimum and medium
o 5
th
conviction or oftener:
Penalty for last crime + PM in maximum to RT in
minimum
o What is the maximum period imposable for habitual
delinquents?
Cannot exceed 30 years, in any case
What is the penalty for impossible crimes?
o Arresto mayor or fine of 200-500
o There is some commentary that the penalty for impossible
crime does not apply for light penalties (or else, the penalty for
the impossible crime would be greater than the crime itself)
What is the rule for single indivisible penalties (now, only RP)?
o Apply it in full, regardless of MCs or ACs.
o What is the exception?
Privileged MCs.
What are the rules applicable for MCs and ACs when the penalty is
divisible?
o 1. No AC, no MC:
Medium period
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o 2. MC only:
Minimum period
o 3. AC only:
Maximum period
o 4. Some of both:
Offset, then apply the above 3 rules
o 5. Two or more MC with no AC:
Lower the penalty one degree, but always in the
proper period
What if there are 2 or more MCs, but there is at
least one AC?
No lowering by degree.
What if there are 2 or more ACs?
No increasing by degree. There can only be
reduction by degree, not increase by degree.
Ex. if there are four mitigating circumstances, once
you use two to lower the penalty by one degree, the
other two are not taken into account.
What if the accused is sentenced to reclusion
perpetua, has two generic MC, and no AC. Can it
be lowered by one degree?
No. No matter how many MCs there are, RP
cannot be reduced by degrees (except
privileged MCs)
o To which crime do these rules apply to, and what applies
instead?
To quasi-offenses under Art. 365. Instead, the court
will apply its sound discretion for modifying
circumstances instead of these rules.
What to make of Art. 67 which applies to incomplete exempting
circumstance of accident?
o Article 67 is inoperative. Apply Art. 365 instead, because
incomplete accident is a quasi-offense.
When do the regular provisions on calculation of penalty not
apply?
o For the privileged mitigating circumstance in Art. 68 of minority
(if 15-18 and acted with discernment).
o But what if the minor commits a SPL, which does not
follow nomenclature of RPC?
The minor is not entitled to privileged MC.
Ex. Life imprisonment in Illegal Recruitment
What is the rule for incomplete justifying or exempting
circumstances?
o See discussion above when to reduce it by one or two
degrees. Take note that this is a privileged MC and cannot be
offset by ACs.
Penalty of fine
What two factors are considered by the court in imposing fines
within a range?
o 1. Presence of MCs or ACs.
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o 2. Wealth or means of the culprit.
What are the scenarios?
o Either the law imposes a penalty of fine
o OR penalty of fine AND imprisonment
o OR penalty of fine or imprisonment
For example, what If the law provides for a penalty of fine of not
less than 50K to 100K, what can the court impose?
o The court has discretion to impose a fine within these bounds
Will you apply the ISL by analogy?
o No. It does not apply here.
If the law specifies penalty of fine OR penalty of imprisonment (Ex.
BP 22), can the court impose a similar alternative penalty?
o No. The court must make a definite choice.
What are the rules in the increase or decrease in the degree of the
fine?
o Increase or reduce (as the case may be), the maximum by
1/4
th
of the maximum amount. But never change the minimum.
o Ex. 50K to 100K, and there is an AC, then it can be 50K to
125K (1/4 of 100K).
Can the judge impose a fine as a substitute penalty to
imprisonment?
o No. Fine cannot be used as substitute penalty to
imprisonment. Penalty of fine is independent from penalty of
imprisonment.
Accused drew and issued a check to pay for an obligation, but it
bounced. He was charged for BP 22. During trial, accused paid
the value of the check. So there was no more damage to the
complainant, but the case was already pending. May the accused
be convicted for a fine still?
o Yes. Penalty of fine does not go to the offended party but the
State.
What if the penalty is death?
o Reduced to RP with no parole.
What is the rule on successive service of sentences?
o 1. If they can be served simultaneously, then do so.
o 2. Otherwise:
Follow respective order of severity, serve them
successively
What is the order of severity?
D, RP, RT, PM, PC, AM, Am, destierro,
perpetual absolute DQ, temporary absolute
DQ, suspension, public censure
o What is the 3-fold rule?
Maximum duration of the sentence cannot be ore than
3-times the length of time of the most severe penalty.
For RP, treat its duration as 30 years, in calculating
the three-fold rule.
o What is the maximum period for sentences?
Always 40 years.
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Do not include subsidiary imprisonment penalty in the
computation of 40 years.
What are the penalties that can be served simultaneously with
penalty of imprisonment?
o 1. Perpetual absolute DQ
o 2. Perpetual special DQ
o 3. Temporary absolute DQ
o 4. Temporary special DQ
o 5. Suspension
o 6. Public censure
o 7. Fine
o 8. Bond to keep the peace
o 9. Civil interdiction
Can destierro be imposed as the same time as imprisonment?
o No.
Imprisonment must be served by the convict successively, following
the order of their severity, as provided for by Art. 71
o 2
nd
sentence does not commence until after the first expires.
What is the rule on execution of penalties?
o No penalty executed except by virtue of final judgment
When can public censure not be imposed?
o If the person is acquitted, cannot anymore be subjected to
public censure.
Judge sentenced accused to 25 years RP; can he be compelled to
serve sentence?
o No. There is no such sentence as 25 years of RP; just RP
(indivisible).
o Remedy: writ of habeas corpus.
What if the convict becomes insane or an imbecile?
o Suspend service of sentence and sent to hospital for
necessary treatment
o But the civil liability should still be enforced in spite of insanity
or imbecility of the person.
What is the nature of destierro?
o Not permitted to enter the places mentioned in the sentence
and within radius specified which shall be from 25-250 KM
from the place specified.
Civil liabilities
A minor exempt from criminal liability. Can the minor be held
civilly liable?
o No. The minor is also exempt from civil liability. The
parents/guardians are civilly liable.
o Relate with Art. 221 in Family Code:
Parents/guardians with parental authority are civilly
liable for the injuries and damages caused by the
acts/omissions of minors living in their company and
under their parental authority
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Subject to proper defenses under law
Does a complex crime under Art. 48 automatically mean there is
only one civil liability?
o No. There are still as many civil liabilities as crimes, because
Art.48 is strictly a pro reo provision in criminal law and does not
extend to civil liabilities.
Is the adopter civilly liable for the damage caused by the adopted
minor?
o Yes.
What are the requirements for the employer to be civilly liable for
damage caused by their employees?
o The employee has to be insolvent.
Is a teacher liable for students acts?
o Only when engaged in industry.
Mere consulting doctors in a hospital negligently left gauze in the
stomach of a person they operated on. Is the hospital liable?
o Respondeat superior because there was control exerted by
the hospital
o Are these consultants deemed employees?
Yes. Because employer-employee relationship is not
determined by the nomenclature of the relationship.
o For medical negligence cases, an employer-employee
relationship exists between hospitals and their attending
physicians, including medical consultants.
Ratio: The performance of these doctors is evaluated
by a peer review board based on feedback from
patients and mortality statistics. The private hospitals
can hire/fire/exercise control over the consultants.
The hospital is owned by a private corporation. Is the private
corporation civilly liable for the negligence of the consultant-
doctors?
o If a hospital is owned by a private corporation, such
corporation may be held liable on the basis of corporate
negligence or corporate responsibility. As the owner of the
hospital, the private corporation is duty-bound to see to it that
the hospital meets the needs of the patients, including close
supervision over medical staff, including consultants.
When can the employer be exempted from subsidiary liability, or
have it lessened?
o If there is collusion between employee and private
complainant, ex. the claim is inflated, in order for the employer
to have more liability.
In order for employer to be liable, what proof is needed?
o There must be proof that the employee is insolvent. This is
proven through returns of the sheriff.
o Can the employer challenge the sheriffs returns?
Yes.
o At what stage of the proceedings can the employer do
this?
Upon the submission of the sheriffs return.
If the employee is convicted based on reasonable doubt, is there
civil liability for the employer?
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o Yes. The only time there is no civil liability is when the court
holds that the accused did not commit the acts on which the
charge was based on.
What is the rule on registered vehicles?
o Regardless of who the actual owner of the motor vehicle might
be, the registered owner is the operator of the same with
respect to the public or third persons. The owner on record is
the employer of the driver; the actual operator and owner are
mere agents of the registered owner of the vehicle.
o The registered owner is subsidarily liable (not the lessee), but
the registered owner can recover from the lessee.
When are civil liabilities applicable?
o Whether the offense is punishable by law or not. (Because it
can be based on contracts or quasi-delicts). There may be
victimless crimes or crimes with victims.
What is the rule for civil liabilities arising from criminal offenses?
o The moment the criminal action is instituted, the civil action is
instituted along with it.
Can there be civil penalties for crimes defined by SPL?
o Yes; however, there must be evidence that a party, including
the government, sustained substantial injury so that the
accused may be civilly liable.
If a crime is absorbed by another crime, can there be civil liability
in the absorbed crime, juridically speaking?
o Yes.
Ex. for political crimes like rebellion, sedition, etc.
there can be murder or rape. These are absorbed by
the political crime; nevertheless, there is civil liability
for these acts.
Ex. there is criminal liability for homicide, even if
absorbed by arson.
X issued a post-dated check in payment of a current obligation. It
bounced. How many crimes?
o Two: BP 22 and estafa.
o Will X have to pay twice for the value of the check,
considering there is only one check?
No. Even if there were two crimes, there was only
one check, thus there should only be one payment of
the check.
What is restitution, and what are its rules?
o Must return the thing itself if possible, with allowance for
deterioration or diminution of value
o What if a third person acquired a property that was subject
of crime?
Offended party can still recover the item from that
person
But the buyer in GF is entitled to reimbursement from
thief or criminal.
If the stolen property cannot be returned anymore, what is the
remedy?
o Value of the thing taken.
o When do you determine value? At time of commission of
crime or upon order of return?
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Rationale is to bring back the situation to before the
crime was committed. Value of the property in the
commission of the crime must be the basis.
What is reparation?
o The court must determine the amount of damage, taking into
consideration the price of the thing, if possible, and special
sentimental value to the injured party.
What other liabilities aside from restitution and reparation?
o Under NCC, for one to be able to recover actual damages, he
must be able to prove by documentary evidence the actual
damages sustained by him
o If he cannot prove actual value of actual damages, what
must one prove to be entitled to temperate damages?
Claimant need not prove actual amount, as long as
there is proof that there is loss.
Court may grant temperate damages, as long as
reasonable.
P v. Billaber: In a charge for illegal recruitment, the money paid by the
applicant (placement fee, etc.),
o 12% interest on the return of the amount paid from time of filing
of the case until the amount has been paid.
Palana v. P: The petition was convicted for BP 22. Ordered to pay to
offended party the amount of check with interest (6%) from filing of
information until the finality of the decision + 12% per annum from
finality of decision until the amount was paid.
What are the rules for actual damages?
o 1. For crimes and quasi-delicts liable for all natural and
probable consequences of the act or omission
o 2. Liability may be increased or decreased depending on
aggravating or mitigating circumstances
o What damages may be recovered?
Actual or compensatory, moral, exemplary,
temperate, nominal, etc.
Reparation, restitution, indemnification for
consequential damages
Not only actually value lost, but also lost profits.
Under what circumstances can moral damages be recovered?
o 1. Crimes leading to physical injuries
Includes death
o 2. Quasi-delicts
o 3. Seduction, abduction, rape, or other lascivious acts
o 4. Adultery or concubinage
o 5. Illegal or arbitrary detention, arrest, or search
o 6. Libel, slander, or defamation
When are exemplary damages imposed?
o When a crime has one or more ACs, exemplary damages may
be imposed
In criminal law, an AC not alleged in the information cannot be
considered. Does the same rule apply for ACs, which can be the
basis of exemplary damages under the NCC?
o No. The word aggravating in NCC should be applied in its
generic sense since it does not distinguish. Includes specific
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aggravating, qualifying circumstances, etc. These are distinct
and separate from penalty of fine in the RPC.
o Even if not alleged in the complaint or information, if proven =
can lead to exemplary damages. The rule is under the NCC
and not the RPC, after all.
o Ex. Even if treachery is a qualifying circumstance under AR
248, it can be treated as a generic aggravating circumstance
for the purpose of imposing exemplary damages
o May exemplary damages be awarded in arson?
Yes. It is an anti-social act.
o Can relationship be the basis to grant exemplary
damages?
Yes. Relationship may be a basis for granting
exemplary damages even if it is an inherent element
of the crime (ex. parricide).
When are temperate damages recoverable?
o The heirs of a deceased in homicide, murder, parricide are
entitled to actual damages, as proved by requisite
documentary evidence. If the actual damages are not proved,
the court may prove temperate damages.
Check Annex 1 for detailed numbers on civil liabilities
MODIFICATION AND EXTINCTION OF CRIMINAL LIABILITY
Extinction of criminal liability
How is criminal liability extinguished?
o 1. Death of the convict as to personal penalties
For pecuniary penalties, if death of the offender
occurs before final judgment
o 2. Service of the sentence
o 3. Amnesty
o 4. Absolute pardon
o 5. Prescription of the crime
o 6. Prescription of the penalty
o 7. Marriage of offended party as provided in Article 344 of the
RPC
When does death extinguish the civil liability of the accused and
when does it not?
o When the civil liability arises from the criminal act.
Civil liability of accused extinguished by death
includes duty to restitute the proceeds of the crime.
o But civil liability predicated on a source other than the delict
survives. In this case, it can be executed against the estate.
Contrast absolute pardon from amnesty:
o Pardon: does not look back; looks to the future and is not
retrospective
If he is pardoned and commits a crime of the same
title, he is still a recidivist
o Amnesty: everything is extinguished
o Pardon is a private act of the President and must be proved by
the accused, unlike amnesty, where the court can take judicial
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notice because it is a public act with the concurrence of
Congress.
o Effects on right to suffrage and right to hold public office:
Absolute pardon granted by President restores civil
rights, but for these two specific rights (suffrage and
holding public office), it must be specifically granted
by the pardon
What is the rule on pardon under Art. 344?
o The offended party may grant pardon to both offenders, in the
crime of concubinage and adultery.
o Offended party may pardon before institution of criminal
complaint.
o If there is conviction by final judgment, the President may grant
PARDON EVEN IF it is a private crime.
When does marriage become a condonation?
o Under 8353, the marriage between offender and offended
party in rape or sexual assault will extinguish criminal liability
and the penalty already imposed.
o So even if the marriage happened during service of sentence,
the penalty already imposed is extinguished.
o Supposing there are 3 accused: principal by direct
participation, principal by indispensable cooperation, and
an accomplice if there is marriage between principal by
direct participation, does this extinguish liability for the
other accused?
Yes, they are benefited. This was the intent of the
Senate when they removed the original proviso
stating that the co-principal, accomplice, and
accessory do not benefit (through Sen. Enriles
statement).
Suppose an accused made perjurious statements in a petition for
naturalization. He was found out. He decided to withdraw the
petition for naturalization. Does this extinguish liability?
o No. This extinguishes merely the application but not the
liability for a crime already committed
What is the amnesty period rule under BP 22?
o For BP 22, when a check was issued, there were no funds.
But when presented, there already were funds No liability in
this case.
o If there were still no funds when presented, there is amnesty
period for 5 days to pay. If paid No liability.
Prescription of crimes
When do crimes prescribe?
o Death, RP, RT 20 years
o Other afflictive penalties 15 years
o Correctional penalties 10 years
o AM 5 years
o Libel and similar offenses 1 year
o Oral defamation, slander by deed 6 months
o Light offenses 2 months
If the penalty imposed on the convict is a compound one, what is
the basis for prescription?
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o The highest penalty.
What is the nature of destierro?
o Destierro is correctional: prescribes in 10 years
What should be considered to determine whether the crime has
prescribed or not?
o 1. Period of the offense charged
o 2. Period when it begins to run
o 3. Period when it is interrupted
Act 3326: the law defining how to compute prescription for crimes under
SPL
o But there are SPLs that themselves provide for manner of
computing prescription
o Ex. OEC 5 years
What is the rule under Act 3326?
o Prescriptive period: from when it is known to the offended party
or to the State or agents
o If not known when committed, when discovered by the
offended party or the State or its agents
What do you mean by offended party?
o Private party or government or its agents
When does the period start running?
o When crime is discovered by the offended party, authorities,
their agents
When is the period interrupted?
o 1. Counted when complaint filed for preliminary investigation
with public prosecutor or the OMB.
What if its a crime punishable under Summary
Procedure?
When it is filed directly with the court
Or when it is filed with the prosecutor
o 2. Offender is outside the Philippines this does not
contemplate very brief trips abroad
When does the period resume?
o 1. When proceedings terminate without the accused being
convicted or acquitted
o 2. When proceedings are unjustifiably stopped for reasons not
imputable to the accused
How about continuing crime? When does period being to run?
o Prescriptive period runs after the occurrence of the LAST act.
Supposing a document is executed (ex. REM) and it is falsified.
When does the period run?
o For documents required to be filed with the Reg. of Deeds,
period begins to run upon filing with the ROD.
But what is the rule for marriage?
o Prescriptive period should begin to run from when State or
agents or offended party acquired actual knowledge of the
second marriage. Unlike property registration, registration of
marriage is not constructive knowledge of marriage.
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Prescription of penalties
What are the prescriptive periods for penalties?
o Death and RP 20 years
o Other afflictive penalties 15 years
o Correctional penalties 10 years
o AM 5 years
o Light penalties 1 year
When does prescription of penalties start to run?
o The prescriptive period for penalties begins to toll when the
accused commits the crime of evasion of service of sentence.
When is it interrupted?
o 1. Defendant surrenders
o 2. Defendant captured
o 3. Goes to foreign country where the Philippines has no
extradition treaty
o 4. Commits another crime before expiration of period
Indeterminate Sentence Law
What is the nature and purpose of the ISL?
o For benefit of convict, and to increase economic contribution.
o Purpose: to individualize the administration of Phil. penal law.
o Looks at convict as private individual, and secondly as member
of society as a whole.
o The State is concerned not only in protecting social
organization against criminal acts of destructive individuals, but
also in redeeming the individual for economic usefulness and
other social ends.
What is the courts role under the ISL?
o Court must determine the maximum of the indeterminate
penalty, and then the minimum.
How is the maximum determined?
o Consider modifying circumstances. Note that the privileged
mitigating circumstances must first be considered.
How is the minimum determined?
o Minimum is one degree lower than that provided by the RPC.
o The minimum is within the whole range of the next lower
penalty, not necessarily in the same period as the maximum
penalty. Thus, the period of the minimum and maximum need
not be the same.
o Minimum: court has unlimited discretion within the range of the
minimum of the penalty one degree lower than the penalty
imposed by law
Who cannot avail of ISL?
o 1. Convicted and punished with death, life imprisonment, RP
For the purpose of ISL, life imprisonment and RP are
synonymous.
o 2. Committed:
Treason, misprision of treason, proposal to commit
treason;
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Rebellion, sedition, espionage;
Piracy
o 3. Habitual delinquent
o 4. Escaped confinement or evaded sentence
o 5. Violated conditional pardon
o 6. Maximum term of not more than one year
o 7. Those already sentenced by FJ upon passage of Act
Obviously not applicable now, since those
incarcerated then are now dead or out of prison
Does ISL apply to fines?
o No, the ISL does not apply because it applies only to penalty of
imprisonment with divisible penalty.
There are laws which expressly provide that the convict is not entitled to
the benefits of the ISL and parole. Ex. terrorism law.
When can a straight penalty be imposed?
o When BOTH minimum and maximum durations of
imprisonment are less than 1 year (outside coverage of the
ISL). For instance, in this case, the maximum was four months
and one day. The court imposed a straight penalty of 60 days.
What is parole?
o When the person serves the minimum of the ISL, he may apply
for parole. He will be allowed to leave the penal institution
under certain conditions. (Ex. do not commit crime, etc.)
o Offenders who commit crimes while on parole are disqualified
from ISL.
o This lasts for a certain period of time.
o If he complies with the conditions of the parole, the Board of
Pardons and Parole will give out final release and discharge.
What if the offense is punished under an SPL with a definite range
provided for the penalty?
o The court still imposes an indeterminate sentence, using the
minimum and maximum periods provided by the law as limits.
Probation Law
What are the conditions that should accompany a grant of
probation?
o Mandatory conditions:
1. Report to designated probation officer within 72
hours after receipt of order
2. Report periodically to the officer at least once a
month or sooner, as determined by the officer
o Discretionary: the court will specify these
What is a penalty subject to probation?
o Must not exceed 6 years (PC).
o Fine must not be 200 pesos or more.
Who are disqualified from probation?
o 1. Sentenced to maximum term of more than 6 years
o 2. Convicted of subversion or any crime against national
security or public order
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o 3. Previously convicted by FJ of offense punished by
imprisonment not less than 1 month and 1 day and/or fine not
less than 200
o 4. Once been on probation
o 5. Already serving sentence upon effectivity of probation law
Again, this is unlikely to apply now
o 6. Those who have perfected appeal
Differentiate disqualification from denial:
o Denial is when a person is qualified for probation but it is not
granted because of, for instance, dubiety in character. Note
that probation is a privilege, not a right.
What is the number one rule?
o if you file appeal, you lose benefit of probation. If you file for
probation, you cannot appeal.
When must application for probation be filed?
o Within period for perfection of an appeal.
What is the effect of probation?
o 1. The sentence is suspended
o 2. If the probation is violated, the entire sentence is served
What is the rule on Probation of minors?
o If the minor is incorrigible, then he will serve the penalty of
imprisonment. But he is still entitled to probation.
How did R.A. 9344 amend the Probation Law?
o Because normally if you appeal, you lose probation. But under
9344, it is allowed.
If the penalty exceeds 6 years, there is no probation.
X was sentenced for three crimes, tried jointly. Each had less than
a 6 year penalty. If you add them all up, however, they exceed 6
years. Does probation apply?
o Yes. By a vote of 8-7, the SC said he is entitled to probation.
The penalty for EACH crime is considered, not all the crimes.
X was convicted of frustrated homicide (PM). He appealed to CA,
which affirmed, but with modifications. He filed petition for
probation but was denied for appealing. He claimed he did not
appeal from CA decision. Is X entitled to probation?
o No probation, because appeal that matters is appeal from the
trial court, not the CA.
What is the additional rule in RA 9372?
o Those who commit terrorism are not entitled to probation.
What is the remedy if the court denied petition for probation?
o If there was GADALEJ, the remedy is Rule 65 (Certiorari)
Soriano v. CA : In the probation that was granted, a condition was that
he has to submit a program of payment for the civil liability. He did not
pay. The probation was revoked for failure to comply. Went to the CA:
unconstitutional because he is being imprisoned for nonpayment of
debt HELD: Wrong contention! Imprisoned for not complying for
condition of probation, not for nonpayment.
I: CRIMES AGAINST NATIONAL SECURITY
TREASON (114)
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Corpus Juris Secundum : Treason differs from other crimes, because all
persons are regarded as principals. Those aiding or abetting, or even
those not present in the scene but playing just a small part are
considered principals.
o N.B. This is the only provision in the RPC that is based on the
constitution of the US (Art 3, Sec 3), and not borrowed from
Spain. This includes the need to either have:
Testimony of two witnesses to the same overt act
Or confession in open court
How can a person commit treason?
o 1. Levying war against the Philippines
o 2. Adhering to the enemy, by giving aid or comfort
Why must there be an overt act of giving aid or comfort?
o Requirement of overt act of giving aid or comfort is to make
sure that the crime of treason has moved from the realm of
thought to the realm of action.
o In a case, does the mere act of X of letting his German-
aligned son stay in his house constitute the overt act of
giving aid and comfort?
Yes.
What is the purpose of the two-witness rule?
o To prevent the possible fabrication of evidence to prosecute a
person. Quantity of witnesses is not enough; the witnesses
must be credible. Each witness must testify to the same overt
act.
o What if the acts are separable?
If the acts are separable, there must be at least two
witnesses for each separable act.
No need to have to prove the entire composite act;
enough to have witnesses prove each component.
When is there no need for the two witnesses?
o If there is confession in open court, then no need for two
witnesses.
Is offering comfort women to enemy soldiers giving aid and
comfort?
o P v. Perez : Getting women to satisfy sexual urges of enemy
soldiers is not giving aid and comfort to the enemy.
J. Callejo disagrees. He thinks this is giving aid and
comfort to the enemy.
o P v. Lozano : Sexual and social relations with Japanese
soldiers do not materially improve their war effort.
Again, J Callejo disagrees.
Can aid and comfort be made by speech?
o Yes. Aid and comfort may be made by speech.
Does the ISL apply?
o No. The ISL does not apply to treason. There is a specific
provision.
Is treason delito continuado?
o Yes. Delito continuado contemplates a series of acts
committed over time, but only instigated by a single criminal
resolution.
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o Either a single act, or a series of acts impelled by a single
criminal intent.
Is dual citizenship a defense?
o No. Dual citizenship is not a defense. There must have been
a prior renunciation of the Filipino citizenship, and if this is not
done, one commits treason.
Can treason be committed when a State is occupied?
o Yes, as long as it remains the de jure government, as when the
Japanese occupied the PI.
There are those who hid the principals in treason or helped them
by giving arms. Can there be accomplices or accessories in
treason? Or are they all principals?
o As long as you performed an overt act, there is an act of
treason already. There can be no accomplice or accessory in
the crime of treason.
Do exempting circumstances apply?
o Yes. Article 12 defenses APPLY. (Uncontrollable fear, etc.)
o A minor who committed treason is still entitled to privileged
mitigating circumstance of minority.
Are Articles 13 and 14 applicable to treason?
o No. The penalty does not depend on 13 or 14, but on the
nature of the crime committed. The SC will not apply 13 and
14, and will just assess the crime, according to its barbarity.
Is treason a specific intent crime?
o Yes. The specific intent is to deliver the country to the enemy.
o If you dont intend to deliver the country to an enemy, then it is
mere rebellion
Aliens may also be guilty of treason. Under what circumstances?
o If they are residents of the Philippines, because as resident
aliens, they owe temporary allegiance to the Philippines. While
they are here, they are under the protection of the Philippines.
Treason is a war crime. Explain.
o It cannot be committed during time of peace. It may be
incubated during time of peace, but once war commences,
treason may blossom into a crime (only then).
What is the relationship between treason and common crimes?
o Treason absorbs common crimes.
Is there a complex crime of treason with rape, murder, etc.?
o No. It is a political crime, and thus absorbs these other
component acts. These are essential elements of the crime of
treason; without these, treason could not be committed.
What do you mean by levying war? Is the mere assemblage of
armed men with capacity to overthrow the government enough or
is there a need to strike?
o Levying of war means an armed body of men, committing acts
of violence for purpose of overthrowing the government.
o There must be an actual assemblage of men for the purpose of
executing treasonous design by force. They must be in such a
position that they may overthrow the government. It is not
even necessary that they be armed by high powered arms, but
it is enough that they constitute enough men to overthrow the
government.
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o Mere conspiracy to overthrow is not enough (see conspiracy to
commit treason).
What is the second mode of committing treason?
o 1. Adhering to enemy
o 2. Through giving aid and comfort
o N.B. BOTH elements must concur. Without one, there is no
treason by the second mode. He must translate this to overt
acts.
There is difference in quantum of evidence to prove adherence and
to prove the overt act. Explain.
o Adherence may be proved by direct or circumstantial evidence.
o The overt act, however, must comply with the two-witness rule,
because treason is such a heavy crime, in order to prove it,
there is a higher bar.
The offenders committed five overt acts. Must the prosecution
prove all five with two witnesses?
o No. They can prove even just one.
o But note that the witnesses must be credible.
Is the use of unlicensed firearms aggravating?
o No.
CONSPIRACY AND PROPOSAL TO COMMIT TREASON (115)
Conspiracy or proposal to commit treason is a crime in itself.
What if they actually commit treason?
o If they actually commit treason, these crimes lose their juridical
personality and become mere modes.
Is this a war-time crime only?
o No. Conspiracy and proposal to commit treason MAY be
committed during time of peace.
MISPRISION OF TREASON (116)
What is the nature of this crime?
o Felony by omission.
o Gravamen of crime: WILLFUL or MALICIOUS concealment.
o It is a crime by dolo although a felony by omission.
Elements:
o 1. Aware of plan to commit treason;
o 2. Fails to report it to governor/mayor or fiscal
How much time?
o Depends on circumstances.
Who can commit this crime?
o ONLY committed by Filipinos, not foreigners. Thus, dual
citizens, who are foreigners too, may NOT be liable for
misprision of treason.
Does the two-witness rule apply?
o No.
Differentiate this from accessories-after-the-fact:
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o Misprision of treason is different from being an accessory-after-
the-fact. The latter hides the principal. Misprision hides the
conspiracy.
o Note though: This is moot because there are no accessories
in treason. This statement is based on a UK case.
What is the punishment?
o Punished two degrees lower than treason, since the person
who committed misprision is punished as an accessory to
treason. But he is still a principal of misprision of treason.
ESPIONAGE (117)
Offenses:
o 1. Without authority, entering warship, fort, etc. to obtain
information, etc. of confidential nature
Relating to national defense
o 2. Possessing by reason of public office the confidential
information, etc. and disclosing them to foreign representative
What is the nature of the first mode?
o Consummated as long as there is intent; no need to actually
obtain. The mere entering consummates the crime.
Is this a war-time crime only?
o No. It can be committed even in time of peace
PROVOKING WAR AND DISLOYALTY DURING WAR (118-121)
1. Inciting war or giving motives for reprisals
o By unlawful or unauthorized acts, provokes or gives occasion
for a war involving or liable to involve the Philippines
o Or exposes Filipinos to reprisals
2. Violation of neutrality
o During time of war where the Philippines is not involved,
violates regulations of neutrality issued by government
3. Correspondence with hostile country is ascending degree of gravity:
o A. if correspondence was prohibited by government
o B. if done through ciphers
o C. if the information is useful to the enemy
4. Attempt to flee to an enemy country
PIRACY (122-3)
What are the two modes of committing piracy?
o 1. Attacking or seizing a vessel on high seas or Philippine
waters
o 2. Seizing cargo, equipment, or personal belongings or
complement or passengers
While in the high seas/Phil. Waters
Who may commit piracy?
o The offenders must not be members of the complement or
passengers
What if they are members of the crew or they are passengers?
o A. There is mutiny, not piracy, through:
Unlawful resistance to superior officer
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or raising commotions and disturbances on board
o B. If there is taking of the implements or cargo of the vessel or
the passengers, for them to be liable under Art 122 or 123
they must not be part of the crew or complement.
If they are passengers or crew members, the act is
ROBBERY under the RPC Arts 293, 294
What are the Qualifying circumstances?
o 1. Seized a vessel by boarding or firing upon it
o 2. Pirates abandoned victims without means to save
themselves
o 3. Attended by murder, homicide, PI, or rape
Physical injuries include frustrated or attempted
homicide. It must be used in its generic term.
What is the effect of RA 7659?
o RA 7659 merely expanded Arts 122 and 123, but under PD
532, there can be a separate crime of Piracy in Phil. waters or
high seas from piracy in Phil. waters or high seas in Arts 122
and 123.
When does PD 532 apply then?
o PD 532 one must prove that the perpetrators were purposely
organized not just for one act of robbery, but several
indiscriminate commissions thereof. There must be evidence
of similar attempts or takings before.
o If there is only one, either Article 122, 123 or 293, 294
(robbery).
What is the nature of piracy on the high seas?
o Its a crime against the law of nations.
o Piracy on high seas has two aspects:
1. Violation of common right of nations
2. Criminal liability of the pirates may be imposed by
municipal law of the country, where found
Arts 122, 123:
o 122-3 makes mention of the complement of vessel. Who
are these?
Under Art 648 of the Code on Commerce, these are
all persons on board, from the captain to the cabin
boy
What is the relationship of piracy with the common crimes
committed to accomplish it?
o For these common crimes to be an element of piracy, they
must accompany the crime of piracy. There is no complex
crime of piracy with rape, or murder, or PI. There is only one
crime of piracy. It is a single, indivisible offense. Do not apply
Art 48.
EVEN IF a lot of people died or were raped, there is
still one crime of piracy.
o But if these crimes were committed after the piracy has been
committed, they become separate crimes.
Does the use of an unlicensed firearm (RA 8294) qualify piracy?
o No. Even if they used unlicensed arms or explosives, there is
no violation of this statute.
Philippine waters is defined differently in PD 532, from that in the
Constitution:
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o High seas: all parts of the sea not included in the EEZ
o EEZ: not extend beyond 200 nautical miles from shoreline
RA 9372 (HSA)
o Piracy in Philippine waters and the high seas are predicate
crimes of terrorism. If these are committed for purpose of
sowing terror in the population, then terrorism is committed,
with these as predicate crimes.
o RA 6235 aircraft hijacking is a predicate crime for terrorism
under RA 9372 too
What are the punishable acts under RA 6235?
o 1. Compel a change of course of a Philippine aircraft or seize
control thereof while in flight
When is it in flight?
When all the external doors are closed after
embarkation.
o 2. Compel foreign aircraft to land in Philippine territory or seize
control thereof while in the Philippines
o 3. Ship, load, or carry in public passenger aircraft explosive,
corrosive, flammable, or poisonous materials
o 4. Ship, load, or carry in cargo aircraft any of the same
materials against regulations by the Civil Aeronautics
Association
What are the special aggravating circumstances for the first two
offenses above?
o 1. Firing upon the pilot, crew, or passenger of the aircraft
o 2. Exploded or attempted to explode a bomb to destroy the
aircraft
o 3. Accompanied by murder, homicide, PI, or rape (same as
last ground of piracy)
P v. Catantan : There is crime under PD 532 even if offender did not
seize the vessel, but merely boarded it and inflicted PI on the occupant
or owner.
R.A. 9372 HUMAN SECURITY ACT
What is terrorism?
o One who sows widespread and extraordinary fear and panic
among the populace to coerce the government to give into an
unlawful demand, and commits the following any of the acts
enumerated.
What are the enumerated acts?
o Under the RPC
1. Piracy or mutiny
2. Rebellion/insurrection
3. Coup detat
4. Murder
5. Kidnapping and Serious Illegal Detention
6. Crimes involving destruction
o Under special law
1. PD 1613 law on arson
2. RA 6969 toxic substances and nuclear waste act
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3. RA 5207 atomic energy regulatory and liability act
4. RA 6235 anti-hijacking law
5. PD 532 anti-piracy and anti-highway robbery law
6. PD 1866/RA 8294 illegal possession of firearms
and unlawful manufacture/use of explosives
Who are liable?
o 1. Principals who commit terrorism
o 2. Those conspiring to commit terrorism
o 3. Accomplices and accessories
What are liabilities of authorities?
o 1. Unauthorized or malicious interception or recording of
communication or conversation
o 2. Failure to turn over detainee within 3 days to judicial
authorities
o 3. Violating rights of the detainee
o 4. Failure to keep official custodial logbook and required
contents
o 5. Threat, intimidation, coercion, torture in investigation
o 6. Infidelity in custody of detainees
o 7. Unauthorized use of classified materials
o 8. Furnishing false evidence, forged document, spurious
evidence
o 9. Refusal or delay in release of acquitted person
What are the unlawful acts related to banks?
o 1. Failure to notify person of freezing of bank deposits or
accounts
o 2. Copying, removing, destroying joint affidavits re: frozen
deposits
o 3. Unauthorized or malicious examination of bank
o 4. Bank officials or employees defying court authorization
o 5. Unjustified refusal to restore frozen deposits
o 6. Loss, misuse, diversion of frozen or seized assets
II: CRIMES AGAINST FUNDAMENTAL LAW
ARBITRARY DETENTION (124)
Elements:
o 1. Offender is public officer or employee
o 2. Detains person
o 3. Without legal ground
What is gravamen of the crime?
o Detention without legal grounds by public officer or employee,
of another person.
How do you distinguish this from kidnapping?
o Arbitrary detention: public officer or employee vested with
authority to arrest or detain another person, but detains
another without any lawful cause.
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o Kidnapping: offender is a private person and the purpose is to
deprive the victim of his or her liberty.
Who are liable for arbitrary detention?
o Public officers or employees authorized to detain another
person.
o Ex. PNP, NBI, even judges acting in official capacity
Who are persons in authority, or agents of persons in authority
authorized to detain?
o LGC, Sec. 338:
Punong barangay
Members of sangguniang barangay
Members of lupong tagapamayapa
N.B. They are persons of authority but limited to their
jurisdiction, in their respective barangays. If they
arrest beyond their barangay, they are NOT persons
in authority under this provision.
o Art. 152
Barangay captain
Barangay councilman
Barrio policeman
o Forestry Code
District foresters are authorized to enforce Forestry
Code and may arrest violators.
Forest officers or employees of bureau of forest
management they do not even need a warrant of
arrest to arrest.
o Sec. 44 of RA 9165 Dangerous Drugs Law
School heads, supervisors, and teachers are persons
of authority, for the purpose of enforcing the
Dangerous Drugs Law within school premises or
outside school premises in an official school activity
o Are the members of the CAFGU persons in authority?
Yes. They are authorized to carry firearms, to
complement the operations of the regular force of
PNP; they are composed of civilian volunteers. Under
EO 264, they MAY arrest. So they can be liable for
arbitrary detention.
May a private person be liable for arbitrary detention?
o Yes, but only if the private individual connives with the person
in authority.
What do you mean by detention?
o Psychological restraint and not just physical restraint is enough
for this provision, in whatever form, for whatever length of time.
Ex. keeping a child in a room, threatening her with a
big gun
o Fear has been known to make people immobile. This includes
threats to kill, and similar threats. This is equivalent to using
actual physical force to detain.
Take note of circumstances where people can be arrested without a
warrant (in flagrante delicto, etc.). Failure to comply with these
exceptions and yet arresting without warrant is Arbitrary Detention.
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Usual cause of Arbitrary Detention charge is arresting a person without
warrant.
o Ex . a person evading his sentence may be arrested on the run
without a warrant, because he is committing an offense in
flagrante delicto.
o David v. Arroyo : Mere fact that the accused was wearing a t-
shirt saying oust Gloria now is not a reason in itself to be
arrested for inciting to sedition.
o P v. Lozada : Hot pursuit based on actual facts, with the use of
the senses of the policemen, with reasonable basis to believe
that the person arrested is the author of the crime, etc.
Under the HSA, may a person be arrested for act of terrorism, and
for how long must the arrested person be detained?
o Maximum of three days.
How may arbitrary detention be committed?
o Arbitrary detention may be committed by dolo or culpa.
Ex. of culpa: Re-arresting a person who was released
by means of order of the court.
May there be a complex crime of arbitrary detention with PI?
o Yes. This happens when there is excessive force in the arrest.
Are the periods provided in Article 124 essential elements of the
crime?
o No. These just provide a guide for calculating the sentence.
What if a person arrested is later acquitted after trial?
o This is fine. He need not ACTUALLY be convicted as having
committed a crime enough to examine the nature of his deed
and how the officer at the moment characterized the act.
ARBITRARY DETENTION THROUGH DELAY IN DELIVERY OF PRISONERS TO
JUDICIAL AUTHORITIES (125)
Elements:
o 1. Offender is public officer or employee
o 2. Detained a person legally
o 3. Fails to deliver person to proper judicial authorities within
proper time period
Under the HSA, what are the duties of those conducting custodial
investigation?
o N.B. More expansive than duties in RA 7438 (Act defining
rights of persons under custodial investigation)
o Before detaining a person after warrantless arrest, he MUST
first deliver the person to the nearest office OR RESIDENCE of
a judge, so judge can:
1. Ascertain identity of officer and arrested person
2. Determine circumstances behind arrest
3. Check for torture, or other abuses
o Then, the judge delivers within 3 days to nearest court with
jurisdiction his report.
Does the law apply to crimes defined by SPL?
o Depends, if the penalties used follow the nomenclature of the
RPC.
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How do you determine the imposable penalty?
o 12 hours light
o 18 hours correctional
o 36 hours afflictive
o (3 days under the HSA)
o What is the basis for the nature of the crime?
What crime as it appears to the arresting officer, and
NOT what the crime actually turned out to be.
What is delivery to judicial authorities?
o Means constructive delivery, which is time the appropriate
complaint or information is filed, with the court for appropriate
judicial proceedings.
N.B. Not a Preliminary investigation. (Theres a
reason why resorting to preliminary investigation
requires waiver of Art. 125 under Crim. Procedure)
Take note of rules on inquest. Art. 125 talks about
those LAWFULLY arrested, but there was no
immediate delivery to the courts.
The inquest must be terminated within period stated
in Art. 125. Or else, the policeman will be liable under
this provision.
To whom must the detainee be delivered?
o MTC, RTC, Family Court, or SB
o Not to the CA, not to the SC . They are not trial courts.
If there was no warrant of arrest or commitment order, but the
information or complaint was filed, is there delivery?
o Yes.
Alvior v. Auguis : [Context: before, the MTC may still conduct PI, but now
they cannot under the amended ROC.] The person was lawfully
arrested then delivered to MTC, but the judge was not there. The
arresting officer did not release the detainee. He just delivered to the
clerk of court. HELD: Liable for failure to deliver, because the clerk
cannot conduct PI anyway and the judge was not there.
o Note: If the case is cognizable by the OMB or Sandiganbayan
there is agreement between OMB and DOJ, where the DOJ
can conduct PI but they have to submit findings to the OMB.
How does Art. 12, par. 7 apply as defense?
o There can be defense of insuperable cause for delay in
delivery.
What about delay in delivery of a person arrested lawfully by a
private person?
o Delay in delivery of a prisoner arrested lawfully by a private
person amounts to ILLEGAL DETENTION, not arbitrary
detention.
Does Art. 125 apply to arrests with warrant?
o No. Article 125 only applies to warrantless arrests.
What if the officer fails to comply with Article 125?
o Failure of officer to comply with Article 125 does not affect the
legality of the confinement.
ARBITRARY DETENTION THROUGH DELAY IN RELEASE (126)
What is the nature of this crime?
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o Another crime by omission (Art. 126).
Acts punishable:
o 1. Officer delays release of arrested person (either convict or
detention prisoner) beyond period provided.
o 2. Unduly delays service of notice of such order to the prisoner
o 3. Unduly delays proceedings upon petition for liberation
Proceedings mentioned in the article: petition for
habeas corpus
Offenders:
o Heads of jail or penal establishment
o Custodial guards
Who may order release of prisoner?
o Either the courts or the prosecutor, or the director of Bureau of
Prisons
What is the penalty?
o Same penalty as 124, because failure to release is tantamount
to arbitrary detention.
EXPULSION (127)
Who can commit this crime?
o Can only be done by public officers or employees.
o What if the person is not one?
If NOT authorized, then the crime is trespass to
dwelling.
When is one liable for expulsion?
o He must use force, violence, or other measures to compel
another to change his residence against his will
Relate to RA 9165, Sec. 31:
o In addition to the penalty provided for in the DDA, any alien
who violates the provision must be deported immediately
without further proceedings, except if the penalty is death
(although no more DP under RA 9346)
Under Probation Law: may the person be compelled to change his
residence?
o Yes. Sec. 10. The court may require the probationer to reside
in a place designated by court, and may not change residence
without prior notice.
Marcos v. Manglapus : Heirs of the late President Marcos are barred
from returning to the Philippines.
What is the power of the President to deport?
o With respect to aliens, with respect to the Deportation Board,
the President has the power to deport aliens.
What is the effect of an extradition treaty?
o If the Philippines has an extradition treaty with another country,
may compel a person in the Philippines to be deported and
extradited to that other country.
HSA RA 9372 one charged with terrorism may be granted bail, but
placed under house arrest under usual place of residence until further
order of court.
VIOLATION OF DOMICILE (128)
May be violated through 3 modes:
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o 1. Entered dwelling
o 2. Searched without consent
o 3. Entered and refused to leave
If all three of these modes are committed, how many crimes are
committed?
o Just one. Remember, these are modes and not individual
felonies.
Who may commit this crime?
o May only be committed by public officers or employees with
authority to arrest, or to seize property of another.
o Article 128 does not apply to public officer or employee who
entered dwelling of another in hot pursuit.
Is it possible that the consent of the owner of the house is denied
impliedly, and not expressly?
o Yes. It may be implied or express, in spite of the laws
language (without the previous consent of such owner)
What if there is unusual ingress?
o If entry is made through a way not intended for ingress, there is
entry against will of owner denial is implied
Owner: does this include lessee of the house?
o Yes. Residence under this provision is the place where the
person is habitually present; and from where he departs and
intends to return.
SEARCH WARRANT MALICIOUSLY OBTAINED, OR ABUSE IN SERVICE OF WARRANT
LAWFULLY OBTAINED (129)
Acts punishable:
o 1. Procuring search warrant without just cause
o 2. Exceeding authority or using unnecessary severity in
executing legal search warrant
Does Article 48 apply in this instance?
o No. Remember: 129 is an EXCEPTION to Art. 48. When a
public officer obtains maliciously a search warrant by
submitting a perjurious affidavit or deposition, there are TWO
crimes committed
1. Perjury; and
2. Procurement of malicious search warrant
o Basis of this statement is the phrase in addition to the liability
attaching to the offender for the commission of any other
offense
If the officer applied for search warrant without probable cause,
and uses the warrant to extort money. Is the police officer liable
for malicious procurement?
o Yes. Because he was acting in BF. There was malice.
o If the policeman applied for a warrant in GF, but it was denied,
there is no crime committed.
If officer knew deposition was false, but still submitted it to obtain
warrant, what are the crimes?
o 1. Procurement of malicious search warrant
o 2. Art. 184 offering false testimony in evidence
What is the liability of the one who made the deposition and knew
it was false, but still came up with deposition?
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o Perjury
Mode 2: when a search warrant was lawfully obtained, BUT in the
enforcement, the officer EXCEEDED his authority.
o Ex. : the items seized were not in the warrant.
EXCEPTION : plain view. But if not in plain view, he
would exceed his authority.
Can an officer break open a door?
o Officer may break open the door, if he is refused entry upon
knocking and identifying himself as an officer.
o Knock and announce rule in warrants, BEFORE breaking a
door.
o Breakage: includes lifting latch, unlocking chair or hatch,
turning knob, etc.
Does Article 129 apply to searches by employees of the Bureau of
Customs?
o No, because authority is based on Art. 2203 of Tariff and
Customs Code, in enforcement of customs law.
o N.B. BOC officials do not possess authority to do searches in
domicile
PROHIBITION, INTERRUPTION, DISSOLUTION OF PEACEFUL MEETINGS (131)
Who can commit this crime?
o Only committed by public officers.
o If done by a private person, it is disturbance of public order.
What if it is committed by a member of the meeting?
o Its not interruption of peaceful meeting. It must be done by a
stranger to the meeting.
o If done by a member of the meeting, it is unjust vexation
Acts punishable:
o 1. Prohibiting/interrupting/dissolving peaceful meeting without
legal ground
If the meeting is not peaceful, it can be broken up
o 2. Hindering persons from joining lawful association or
preventing them from attending
o 3. Prohibiting or hindering persons from petitioning to
authorities for correction of abuses or grievances
CRIMES AGAINST RELIGIOUS WORSHIP (1323)
Interruption of religious worship
Offending religious feelings
R.A. 9745 (ANTI-TORTURE ACT)
Punishable acts:
o 1. Physical torture
Act imposed by a person in authority or his agent
upon a person in custody that causes severe pain,
exhaustion, dysfunction, or disability
o 2. Mental or psychological torture
Act imposed by a person in authority or his agent
which is calculated to affect or confuse the mind or
undermine a persons dignity or morale
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o 3. Other cruel, inhuman, and degrading treatment
Act of deliberate and aggravated treatment not falling
under the two above, imposed by a person in
authority or his agent upon a person in custody
causing severe suffering, gross humiliation, or
debasement
o 4. Secret detention, solitary confinement, incommunicado
Can torture or CIDT be justified by war?
o No. It is jus cogens.
Who are liable?
o 1. Person who actually participated
o 2. Inducer
o 3. Cooperator
o 4. Superior military/police official or senior government official
who gave an order
Liable as principal
o 5. Immediate commanding officer of the unit or immediate
senior public official who knew of the torture/CIDT and couldve
prevented it but didnt
o 6. Accessories:
A. Knew of the torture/CIDT, did not participate in it,
but profited from it
B. Concealing the torture/CIDT or destroying
effects/instruments
C. harboring, concealing, helping escape the principal
What are the special aggravating circumstances?
o 1. Torture resulting into death
o 2. Torture resulting into mutilation
o 3. Torture with rape or sexual abuse
o 4. Torture where victim became insane, an imbecile, impotent,
blind, or maimed for life
o 5. Against children
What is the nature of torture?
o It is a separate and independent crime. It does not absorb
and is not absorbed by any other felony or crime committed as
a means or consequence thereof.
What is the applicability of the RPC?
o 1. It is suppletorily applicable
o 2. Any crime punished as a Crime against Persons (Title 8)
and Crimes against Personal Liberty and Security (Title 9) and
attended by any of the acts constituting torture/CIDT are
punished in their maximum period.
III: CRIMES AGAINST PUBLIC ORDER
REBELLION OR INSURRECTION (134)
Distinguish rebellion from insurrection:
o Rebellion overthrow government and supersede it
o Insurrection minor change as to certain matters in
government or to prevent exercise of government authority as
to certain matters
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What is the nature of rebellion?
o Insurrection and rebellion are both political crimes.
o Involves any part of the country; or whole country
o Can be private or public individuals
o Rebellion is a vast movement of people; involving multitudes
Is rebellion a continuing crime?
o Yes. SC declared that rebellion is by nature, a continuing
offense, which differentiates it from other offenses. It may be
committed by a single or a series of acts for achieving any or
all of the purposes stated in the RPC provision.
What must concur for rebellion to exist?
o For rebellion to exist there must be intent + overt acts.
o Common crimes are absorbed by the political crime.
o But even if the common crime is absorbed by the political
crime, there may be civil liability for these predicate crimes.
The liability under the NCC is apart from liabilities in the RPC.
May there be frustrated rebellion?
o No. When the intent + overt acts are present, the crime is
consummated. There is no need to achieve the goal.
o Likewise, no frustrated coup detat.
o No need for actual clash.
Is being a member of the CPP rebellion?
o No. Mere membership in CPP is not rebellion. But being a
member of the NPA, the military arm of the CPP, constitutes
rebellion.
Is subversion a crime?
o No more crime of subversion.
Rebellion is a crime against public order. What about terrorism?
o It is a crime against national security and the law of nations.
o There can be a crime of international terrorism; it a crime much
like international piracy, where anyone may capture the
suspected terrorist anywhere.
Can there be a complex crime of terrorism with rebellion?
o No. Rebellion is simply a predicate crime of terrorism.
o Why is rebellion a predicate crime of terrorism?
Because committing rebellion can sow widespread
fear.
In the same way, murder is a predicate crime,
because multiple murders or maybe murdering one
key person like the President could cause widespread
panic or fear.
How is terrorism different?
o Terrorism is different because the purpose is to achieve the
illegal demand on the government. It may be political, and it
may not it may be purely monetary.
What is the main difference between terrorism and rebellion?
o For terrorism, there must be widespread panic and fear; and
there must be an unlawful demand against the government.
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NOTE: terrorism is a specific intent crime, as with
rebellion so there is a difference in the
o In contrast, rebellion is merely a crime against public order.
Objectives: 1) remove allegiance to government of the Phil.
Territory or any part; 2) or deprive Chief Executive or
legislative of powers/prerogatives
COUP DETAT (134-A)
What is the nature of coup detat?
o Also a political crime
o Intent is to diminish State power (eminent domain, taxation,
police power)
What are the modes by which coup can be committed?
o Violence, intimidation, threat, strategy, stealth + swift attack
Does it absorb common crimes?
o Not all, because it does not absorb all common crimes
o Is rape absorbed by coup?
No. Rape cannot be absorbed, because it does not
help forward the power of diminishing power (unlike in
rebellion, where rape would help sow public disorder.)
o What about murder in coup detat?
It can be absorbed, because it helps further the intent.
o What about use of explosives?
Use of explosives is absorbed by coup detat (RA
8294)
What about coup detat? It is a crime against public order too?
o Yes. Again, it is a specific intent crime so the difference lies in
the purpose
o It is to diminish inherent powers of the State (taxation, eminent
domain, police power)
Is there a frustrated crime of coup detat?
o No. The moment there is intent + swift attack, the crime is
consummated, even if the purpose is not achieved.
o There can be attempted coup detat, but not frustrated.
CONSPIRACY AND PROPOSAL TO COMMIT REBELLION, INSURRECTION, OR COUP
(136)
Omil v. Ramos : Conspiracy to commit rebellion or coup detat is a
continuing crime. (Believe it or not, according to J. Callejo)
DISLOYALTY (137)
When is there disloyalty?
o Acceptance of public position or continuing to discharge
functions disloyalty
o Motive of public officer is immaterial ; whether it is gratuitous or
not
When does disloyalty lose juridical existence?
o If the officer commits overt acts of rebellion (e.g., he continues
discharging his office and he commits murder or malversation
to help the rebels), then the crime becomes rebellion, not
disloyalty
One may be liable for crime of omission under this provision: failing to
resist the rebellion within ones powers
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o May invoke Art. 12 fear, force, etc.
INCITING TO REBELLION OR INSURRECTION (138)
What is the punishable act?
o Writings or speech must be done with intent to induce the
readers or listeners to commit rebellion or insurrection
What if the listeners do not act upon the inciting?
o If the listeners are not incited, they are not guilty of any crime.
But the person speaking is guilty for inciting.
What if the listeners are incited to rebel?
o If the listeners are incited to commit rebellion, all of them,
including the inciter, are ALL principals for the crime of
rebellion
Inciter PDI
Listeners PDP
SEDITION (139)
What is sedition?
o Sedition is the raising of commotion or disturbance in the state;
revolt against legitimate authority, public corporation, social
classes, etc.
o Ultimate objective : violation of the public peace
Key term:
o Publicly and tumultuously
Is it a public crime?
o Yes. Sedition is a crime against public order and the tranquility
of the general public
When is the crime consummated?
o Again, the crime is consummated upon concurrence of intent +
overt acts.
Motives:
o 1. Prevent promulgation or execution of and law, or holding of
popular election
o 2. Prevent National, provincial, or municipal government or
officer from exercising functions or preventing execution of AO
o 3. Inflict act of hate/revenge upon person or property of public
officer or employee
o 4. Commit act of hate/revenge against private persons or
social class, for political or social end
o 5. Despoil any person, municipality, or province, or National
Government of all its property or part thereof, for political or
social end
What laws are included in par. 1?
o Laws in general, even political in nature, as well as civil and
criminal laws; ordinances of municipal or provincial boards
Who are the officers included in par. 2?
o Includes judges and justices, and constitutional officers;
municipal council, provincial government or board
o BUT NOT barangay officials or council
Although they are included in par. 3
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In both rebellion and sedition, there is a public uprising. What is
the difference?
o Rebellion to achieve political purpose, they take up arms
o Sedition as long as tumultuous; they do not take up arms,
because they do not intend to overthrow the government
What is tumultuously?
o Full of public commotion, or uproar.
o Essence: intent + tumultuous uprising
When is there public uprising?
o Tumultuous public uprising more than three persons who
are armed participating therein
What are crimes of hate/revenge in the law?
o Crimes against persons (murder, etc.)
o Crimes against property (arson)
o Victim may be private or public officials, whether of national or
local government
What about crimes of murder, homicide, PI, arson, committed by
those committing sedition are these absorbed?
o NO! They are not absorbed.
o Neither are these complexed. DO NOT apply Art. 48
o They are are separate and independent crimes
o Ex. P v. Cabrera- guilty of sedition, and murder as separate
crimes
There can be a complex crime of Sedition and Art. 143/144 (prevention
of meeting of board/Congress)
CONSPIRACY TO COMMIT SEDITION (141)
No crime of proposal to commit sedition; just conspiracy
INCITING TO SEDITION (142)
Does freedom of speech include inciting sedition?
o No. Freedom of speech does not protect inciting to sedition
Punishable acts:
o 1. Inciting others to commit acts of sedition
o 2. Uttering seditious words or speeches tending to disturb
public peace
o 3. Writing, publishing, circulating scurrilous libels and
government or authorities tending to disturb public peace
o N.B. For #2 and 3, no need to have any of the enumerated
purposes
Concealing such evil practices is NOT an act of an accessory in this
case, but an act of a principal.
ACTS PREVENTING MEETING OF CONGRESS AND SIMILAR BODIES (143)
Meeting of barangay council is not included here
o Liable for grave coercion under Art. 286
May be committed by public officers or employees
DISTURBANCE OF PROCEEDINGS (144)
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Offender must NOT be a member of the body disturbed; he must be a
stranger to the deliberative body
o Again, barangay council meeting not covered by this provision
If they commit crimes of violence like homicide to disturb the meeting,
there CAN be a complex crime under Art. 48
VIOLATION OF PARLIAMENTARY IMMUNITY (145)
Correlate with the Constitution:
o Art. 145: amended by 1987 constitution. Parliamentary
immunity only applies up to prision correctional.
o Ex. If a congressman is in possession of low-caliber gun, he is
protected (since this is up to 6 years only)
o Ex. But if the gun is high caliber, he is not immune (this is
prision mayor)
They are also immune from searches under this provision. But it is not
in the Constitution.
ILLEGAL ASSEMBLIES (146)
Who are the leaders or organizers of illegal assemblies?
o May be determined by their speeches, publications, pamphlets,
banners, leaflets indicating roles and responsibilities
If there is one with an unlicensed firearm, and he attended an
illegal assembly, is he liable for RA 8294?
o No, because he is committing another crime. So he cannot be
guilty of violating RA 8294.
Two forms:
o 1. Meeting conducted for the purpose of committing any crime
punishable under RPC
AND there were armed persons
o 2. Meeting where audience is incited to commit treason,
rebellion, insurrection, sedition, or direct assault
Whether armed or not
Under the first form, a meeting with presence of an armed person
to achieve a crime in the RPC is proscribed. If they ACTUALLY
commit the crime, what happens to illegal assembly?
o It loses its juridical existence. It becomes a mere preparatory
act.
o Second form is a point of disagreement.
o Second form: the audience or assembly is incited to commit
rebellion, treason, insurrection, sedition, or assault upon
person of authority or his agents
o All authors agree that inciting to commit such crime is an
element of the second form
o But there is disagreement as to the liability of the inciter:
Some say the crime is inciting to rebellion or sedition
BUT the problem is, it is an element of Art. 146, so
how can one commit inciting to rebellion or sedition?
J. Callejos opinion:
If the inciter is NOT a member of the
assembly (an outsider) he is liable for
inciting.
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If the inciter is a member the government
has two options:
o 1. Charge with illegal assembly
o OR 2. Inciting to rebellion or
sedition
What is the presumption if one carries an unlicensed firearm to the
meeting?
o 1. Presumed that the purpose of the meeting is to commit
violations of the RPC
o 2. The person will be considered a leader or organizer of the
meeting (and is punished PC instead of AM)
ILLEGAL ASSOCIATIONS (147)
What are the two types of illegal associations?
o 1. Totally or partially organized to commit any of the crimes in
the RPC
o 2. Totally or partially organized for some purpose contrary to
public morals
What are public morals?
o Estrada v. Escritor : those which are detrimental or dangerous
to conditions helpful for the advancement of society
o Not religious morality, but secular morality.
What was added by RA 9208 (anti-trafficking law)?
o Punishes association organized to propagate or promote
immoral doctrines, obscene publications or shows, sex
tourism, sexual exploitation, pornography
What was added by the HSA (RA 9372)?
o Sec. 17: Public officers may petition that an association may
be declared as one composed of those conspiring to commit
terrorism
DIRECT ASSAULTS (148)
What is the purpose of Article 148?
o Intended to protect those exercising official functions and to
guarantee dignity and authority
What is the nature of Direct Assault?
o It is a FORMAL CRIME. It is not a material crime.
o There can be no attempted or frustrated direct assault.
o It is consummated when a person of authority is attacked with
force or met with serious intimidation or resistance
What are the forms of direct assault?
o 1. Without public uprising, use force/intimidation to attain any
of the purposes in rebellion or sedition
o 2. Attack, use force, or seriously intimidate or resist a PIA or
any of his agents
While in the performance of duties
o N.B. the first form rarely occurs (without public uprising,
employ force, intimidation, resistance to achieve purpose of
rebellion or sedition)
Second form is more common (attack or use force or seriously
intimidate or resist any PIA or agent in performance of official duty)
o Who may be liable in second form?
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Private individual, person in authority, or agent of
person in authority
Under what circumstance is direct assault committed?
o Crime may be committed when PIA or agent is performing duty
What does seriously qualify?
o Seriously qualifies only intimidate and resist but not attack
or the use force, which only requires a laying of hands
o So if there is use of force, degree of force is not material.
Degree is only important for intimidation or resistance.
Is motive important?
o For second form, motive is not important
o For first form, when one is not performing his duty, then motive
comes into play
If a public officer goes into a locality to solemnize a marriage, then
he is going back to his office. He is assaulted. Is it direct assault?
o Yes. When he is going back to his public office after
solemnizing the marriage, the going back is part of his official
duty.
If a mayor is attacked for past performance of duty, is it direct
assault?
o Yes.
X attacked a barangay kagawad, but hit the barangay chief tanod
who was just sitting around. Is it direct assault?
o No. The tanod is not performing his duty at the time he was
killed.
Must the offender be aware that the person is a PIA or an agent
thereof?
o The person must KNOW or OUGHT TO HAVE KNOWN that
the person assaulted is a PIA or an agent
o An officer in civilian clothes was committing surveillance
in public market. Was there direct assault?
No. Because the accused did not know that the
accused was a police officer who was on 24 hour
duty.
And the accused killed the victim on a personal
grudge.
o So what does the phrase ought to have known mean?
J. Callejo does not agree with Reyes who says that
there is presumption that people know who PIAs are.
But for very popular officials like Mancao, people
ought to know
What does Agent include?
o Police, municipal treasurer (since he is only a deputy ex-officio
of the provincial treasurer), postmaster, rural policemen,
sheriff, agents of BIR, Malacanang confidential agent
What if there is an agreement to fight?
o Husto v. CA Husto is an academic supervisor. The victim, an
academic supervisor too, wanted to transfer a favorite teacher
to Poblacion. Husto disagreed. They agreed to fight. When
they were just about to go out, Husto could not wait; he
grabbed an ashtray and smashed it against the others head.
o Defense of Husto: there is no Direct Assault because they
agreed to fight
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o HELD: It was direct assault because they did not fight outside
What if the officer exceeds his authority?
o P v. Fook : Fook, a Chinese person, went to the Philippines.
He got body searched in immigration and he passed. He went
back because he forgot something. He got body searched
again. He got upset and resisted. He was charged for direct
assault.
o HELD: No direct assault. The PIA or his agent who exceeds
his power is NOT in the exercise of the functions of his office.
Here, they body searched Fook TWICE, which is beyond the
scope of duty.
o Resistance is legitimate against PIA or agent who exceeds
authority. How much resistance can be done depends on the
extent of excess of authority.
o When is one not liable for resistance?
For one not to be liable for resistance, the resistance
must be co-extensive with the excess of authority,
and just sufficient to repel the excess or abuse
What does lay a hand mean?
o To inflict upon PIA or agent a physical attack; holding; shoving;
etc., with intent to cause evil or injury
o When a person lays a hand over PIA, the crime is direct
assault. It is not necessary to ascertain what force the law
requires, since the law itself defines the force by providing the
term laying a hand.
When is force or intimidation serious enough?
o Depending on circumstances of the particular event.
In the following cases, there was direct assault:
o Accused punched a police officer several times
o Accused struck police officer with pen knife and wounded him
o Accused tried to stab the police officer but he missed still DA
(so need not actually strike the PIA)
o Accused struck judge with dagger, after the judge convicted
him of theft
When is DA qualified?
o 1. Committed with a weapon
o 2. Offender is public officer or employee
o 3. Offender lays hands upon the PIA
If committed with a weapon:
o QUALIFIED direct assault (it is a special aggravating
circumstance; cannot be offset by generic MC)
o Not enough to merely carry a weapon. He must use the
weapon to assault the victim.
o Mere aiming of a gun to a PIA is qualified direct assault
because there is intimidation, with use of weapon.
What if a diplomat is assaulted?
o RA75, sec. 7 (Assault of diplomat) is a special crime
o A crime is committed by any person who assaults, strikes, or
wounds a public minister or ambassador, contrary to law of
nations
There can be a complex crime of direct assault with another felony.
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o What if the assault on the PIA or agent results to his
death?
Complex crime of direct assault with murder or
homicide
o When is there none?
But if direct assault is committed and ONLY slight PI
results, there is just the crime of direct assault.
o A mayor is on the way home or on the way to the office.
The accused robbed the mayor and killed him. What is the
crime?
Robbery with homicide.
The direct assault is absorbed by Robbery with
homicide, which absorbs crimes committed pursuant
to such.
o X fired an SMG against police officers serving warrant.
What is the crime?
Direct assault with multiple attempted homicide
o Can there be complex crime of DA with serious
disturbance under Art. 153?
Yes. If election inspectors or watchers are holding a
meeting to canvass, and they were assaulted,
causing serious disturbance: there is a complex crime
of direct assault with serious disturbance
How do you reconcile this provision with Art 265, which provides a
distinct penalty if the victim is a PIA?
o Art. 265 If there are less serious PI, the crime is less serious
PI. The PIA must not be performing his duties when the less
serious PI is inflicted, or it is not by reason of past performance
of duty.
o Art 48 Direct assault with less serious PI if the PIA is in
performance of his duty or is attacked for past performance of
duty.
Who else can be PIAs?
o Lawyers and teachers can be PIAs
o Correlate with RA 9165 (DDAs) teachers and professors are
PIAs when performing their duties
INDIRECT ASSAULTS (149)
Elements:
o 1. There is direct assault against an agent of a person in
authority (under Art. 148)
o 2. A person came to the aid of the agent
o 3. The offender uses force or intimidation against such person
coming to the aid of the agent
There is disagreement again as to this provision.
o Guevara and Reyes: WRONG about this
Said there is indirect assault if there is a person going
to the aid of PIA or agent, and that person is himself
assaulted.
o J Callejo agrees with Regalado: Guevara and Reyes did not
take into account RA 1978:
If one who goes the aid of a PIA, he becomes an
agent of a PIA. If he himself is attacked, then he
102
becomes an agent of a PIA it becomes direct
assault
There is only indirect assault if the private person
comes to the aid of the agent of the PIA.
DISOBEDIENCE TO SUMMONS (150)
What are the acts punished?
o 1. Refusal to obey summons of Congress, or any commission
authorized to summon witnesses
o 2. Refusing to be sworn in
o 3. Refusing to answer legal inquiry or produce documents
o 4. Restraining another from attending as a witness therein
o 5. Inducing disobedience to summons or refusal to be sworn in
(#1 or 2)
What is the doctrine laid down by Senate v. Ermita (EO 464)?
o The President of the Philippines and members of SC are
exempt from powers of inquiry
o If President does not agree with attendance of members of
Executive, they cannot be compelled to answer queries of
Senate
Relate to Sec. 35 of HSA:
o Any information secured in violation of anti-terrorism law is
inadmissible in evidence in any judicial, QJ, legislative, or
admin functions
SERIOUS DISTURBANCE/TUMULTS (153)
Acts punished as tumults/other disturbances of public order:
o 1. Serious disturbance in public place
o 2. Interrupting or disturbing gatherings not included in 131 or
132
o 3. Making outcry tending to incite rebellion or sedition
o 4. Displaying placards or emblems which provoke disturbance
of public place
o 5. Burying with pomp one who is executed
Relate to Art. 131: When is one guilty under
disturbance/prohibition of peaceful meetings?
o For policemen to be guilty under 131, the person must be a
stranger to the meeting.
David v. Arroyo the policemen should not have acted precipitately in
arresting. They must take into account right to assembly peaceably.
o What are the limits to right of assembly? What is the test?
Clear and present danger of substantive evil, with
imminent danger posed against the public interest
KMP v. Ermita
o There is need for permit in a rally (BP 880)
When can permit be denied?
Again, Clear and Present Danger test of
substantive evil, with imminent danger posed
against public interest
o But for freedom parks, there is no need for a permit
o Calibrated preemptive response maximum tolerance
103
Distinguish 131 (Prohibition, interruption, or dissolution of
peaceful meetings) from 153:
o 131
Disturbance is caused by a public officer not part of
the peaceful assembly
So if he is part of the assembly, it can be under 153
Covers peaceable assemblies/rallies. If its a normal
gathering only, use Art. 153.
o 153 Serious disturbance (first mode)
Serious disturbance in a public place, office or
establishment
Committed by a public officer part of the assembly
Cannot be committed by culpa (since there is intent to
seriously disturb)
o 153 Interruption of gatherings (second mode)
Interrupt or disturb public performances, functions,
gatherings
Committed by one not part of the gathering
Committed by private OR public officers
Excludes peaceable assembly under Art. 131 (so this
just covers normal gatherings)
What is the nature of the crimes?
o 131 crime against the fundamental law of the State
o 153 crime against public order
So this really is just for normal gatherings, and not
one subject to fundamental rights
This does not include religious assembly, which is
covered by 132.
o In a public rally of INC there was serious disturbance. Is
this covered by 131, 132, or 153?
Art. 131. This is not a religious ceremony, but a rally.
Distinguish 153 from 155 (Alarms and scandals)?
o In both cases, there is disturbance
o 153 causing of public disturbance, and the offender had the
intention to cause such serious disturbance
Cannot be committed by culpa
o 155 disturbance is not serious
o What kind of disturbance must be caused in 153?
Serious. Otherwise, it will be alarms or scandals
under 155.
o How do you determine if the disturbance is serious or
not?
Look at the place, and the facts and circumstances
surrounding the causing of disturbance, and effect to
people at that time
The locus of the crime is determinative of its nature. What do you
mean by this?
o The place where it is committed.
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o Public place is one that is open to all, as distinguished from
domiciles.
Under second mode of 153, what are the elements?
o 1. There is public performance or function
o 2. There is disturbance caused
Suppose someone disturbs court proceedings, is it covered by the
second mode?
o Can be charged with Art. 153, because these are open to the
public.
o So this covers proceedings such as those by the COMELEC.
There is a presumption under law of tumultuous disturbance.
When does this presumption vest?
o If caused by more than 3 armed men.
If there is actually a tumultuous disturbance, does the presumption
need to apply?
o No need for the presumption.
In the causation of a serious public disturbance, there is SPI or
damage to property. Do you apply Article 48?
o Yes; there are two grave or less grave felonies committed in a
single act. (Ex. Disturbed COMELEC proceeding.)
o Villanueva v. Ortiz there was complex crime of serious
disturbance with direct assault.
If there are two modes done, is there a complex crime?
o No, there is just one crime, notwithstanding multiple modes.
Distinguish inciting to rebellion/sedition from Art. 153 (tending to
incite rebellion/sedition)?
o Intent controls. For inciting, there has to be intent in the first
place. For 153, theres just tendency to incite.
Does the burying with pomp provision still apply?
o No, in light of RA 9346, nobody can be executed.
ALARMS AND SCANDALS (155)
Acts punished:
o 1. Discharging firearm, rocket, firecracker, or explosive within
any town or public place
o 2. Charivari or disorderly meetings
o 3. Disturbing public peace while wandering at night or engaged
in nocturnal amusements
o 4. Causing disturbance or scandal while intoxicated while 153
is not applicable
Is Alarms and Scandals a specific intent crime?
o No. It is the result, not the intent that controls.
o Why does the provision say calculated to cause
alarm/danger?
Calculated to cause alarm or danger is an erroneous
translation.
o If there is discharge of firearm but there is no alarm caused,
then there is no crime under Art. 155.
If the firearm is unlicensed, can one be convicted under RA 8294?
105
o No. If there is another crime committed (155 here), one cannot
be liable for RA 8294.
DELIVERING PRISONERS FROM JAIL (156)
What is punished?
o 1. Any person removes from jail or penal establishment a
person confined therein
o 2. Helping him escape by violence, intimidation, or bribery
o 3. Helping him escape through other means
Lower penalty
o 4. Taking guards by surprise outside the establishment
Lowest penalty
To what kind of prisoners does delivery of prisoners as a crime
apply?
o Applies to any prisoner, whether a detention prisoner or
convicted prisoner
o If the person is a convict, is there a crime when he
escapes?
Yes. Evasion of sentence.
o If the person is a detention prisoner, is there a crime
committed?
No. He is presumed innocent.
Is the deliverer of prisoners a principal or accomplice?
o A principal under Art 156.
When is the crime consummated?
o The moment he steps out of the building where the cell is,
however brief it may be.
o Is there a crime of frustrated delivery from jail?
No.
o May they be an attempted delivery from jail?
Yes.
If a mental retardate is transferred to a hospital, from jail, and he is
delivered, is there a crime of delivery from jail?
o Yes. The hospital is an extension of prison.
If a person is in his house, can there be delivery?
o Yes. Because under arresto menor, there can be house
arrest.
Who may be liable for delivery?
o 1. Those helping a co-prisoner
o 2. Employees of penal establishment, if without custody of the
prisoner
What if he has custody of the prisoner?
If he has custody, the crime is infidelity in the
custody of prisoners
o 3. Private person
Is it possible that a person with custody of a prisoner is liable for
delivery of prisoners and not infidelity in the custody of prisoners?
106
o Yes, if he was off-duty.
If a person delivered a prisoner and the prisoner had a change of
heart and decided to return, is the principal for delivery still liable?
o Yes.
Is there a provision in the HSA that punishes a custodian who lets
his prisoner escape?
o Sec. 44.
o Can this be committed by culpa?
Yes. It can be committed by negligence, as long as it
is inexcusable negligence.
If the detention prisoner is charged with parricide, and the person
delivered him, can not the person be charged as accessory under
Article 19?
o Yes. The law provides that a person who helps escape a
person who committed parricide, murder, or treason escape,
he can be an accessory under Art. 19 to parricide, murder, etc.
o So what applies now, Art. 19 or 156?
Either, as the prosecutor has a choice.
The prosecutor can choose ONE but not both.
N.B. the Art. 19 punishment is heavier than 156
Under Art. 8 (conspiracy), it can be a crime in itself or a mode. Is it
possible that conspiracy or connivance be an aggravating
circumstance? What is the effect if a co-prisoner connives?
o For delivery of prisoners from jail, if there is connivance, it
aggravates the punishment.
o So this is a THIRD character of conspiracy not just mode, not
just crime, but also aggravating circumstance.
o What about bribery?
Bribery in this case can be deemed a means to
commit the crime of delivery.
o If the public officer accepts a bribe to release the prisoner,
what are the crimes?
One giving money: corruption
One accepting money:
1. Bribery
2. Delivery of prisoners
o But if the bribery was towards another prisoner, what is
the effect?
It would be a deemed a means to commit the crime.
What does the phrase other means mean?
o Example: craft or disguise
o What is the effect?
Arresto mayor (lower penalty)
If the other means used by the principal of delivery of prisoners is
a FELONY, what happens?
o Art. 48 applies. Example, if there was direct assault, attempted
homicide, physical injuries, etc.
What is the exception to this rule?
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o The means provided specifically in Art. 156 (bribery), or fraud
(or other means that do not constitute crimes by themselves),
etc. do not attract Art. 48.
EVASION OF SERVICE OF SENTENCE (157-9)
How is evasion of service committed?
o Committed by one convicted by final judgment who escapes
from prison.
If a person escapes from jail, and he is arrested without warrant,
would the policeman be charged with arbitrary arrest?
o No, because warrantless arrest is allowed for those who
escaped (Third exception)
o Is evasion a continuing crime?
Yes, as long as he is escaping, he is committing a
crime.
Can one be guilty of evasion of sentence, although not confined in
a prison?
o Yes:
1. If arresto menor, can spend sentence in house.
2. Sentenced to destierro and one entered the
prohibited place.
3. Hospital, which is an extension of the penal
institution.
Elements of evasion:
o 1. Convicted by final judgment
o 2. Serving of sentence which consists of deprivation of liberty
o 3. Escaping during sentence
Can one not sentenced to Final Judgment (ex. detention prisoner)
be liable for evasion of sentence?
o No.
Under what circumstances may a prisoner be not liable for evasion
of service of sentence?
o 1. Detention prisoner
o 2. Deportee who violated deportation order
o 3. Youthful offender under 9344
Because rehab center is not a penal institution
Can a person serving sentence for an SPL be liable for evasion?
o Yes. As long as serving sentence, whether RPC or SPL.
When does Article 48 apply and when does it not?
o If one uses violation or intimidation, it is absorbed.
o But if one commits a crime to evade, then Art. 48 can apply.
A convict was granted conditional pardon. The usual condition is
not committing another crime during conditional pardon. Is the
violation of the conditional pardon a felony?
o Yes, it is a felony.
What is the period for the condition?
o Remaining period of the sentence if the penalty remitted is
greater than 6 years
o If less than 6 years, prision correccional in minimum period
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Is it necessary for the prosecution for violation of conditions of
pardon upon violation?
o No. The C.E. can order the immediate arrest of the person
through Board of Pardon and Parole.
Is a violator of the conditions of pardon entitled to ISL?
o No. It is provided in the ISL.
Circumstances qualifying offense:
o 1. Unlawful entry (by scaling)
o 2. Breaking doors, windows, etc.
o 3. Using picklocks, false keys, disguise, deceit, violence,
intimidation
o 4. Through connivance with other convicts or employees of
penal institution
What if the convict evaded on circumstances of a catastrophe?
o And caught again, increase penalty by 1/5
o If he returns within 48 hours, decrease penalty by 1/5
For violation of conditional pardon through commission of the crime,
there can only be conviction under Art. 159 after conviction.
QUASI-RECIDIVISM (160)
Is quasi-recidivism (160) a crime?
o No, it is a special aggravating circumstance. It is committed
only by a person convicted by FJ for a crime, and he commits
another crime.
o Does the second crime have to be a felony?
Yes. It cannot be an SPL. The law uses
nomenclature of penalties in RPC. (Maximum period
of the second crime.)
o Does the first crime have to be a felony?
No. It can be an SPL.
o If the second crime has an aggravating circumstance,
what is the effect to the penalty?
Since it is in the maximum, then the aggravating
circumstance will result into the maximum of the
maximum.
o He commits another penalty. Is he a quasi-recidivist
again?
Justice Regalado: He is a quasi-recidivist again and
again. If he is not a quasi-recidivist for the second
time, he can commit another crime with impunity.
o What if he is a recidivist AND a quasi-recidivist?
Since recidivism is an aggravating circumstance too
it leads to the maximum of the maximum.
But the law makes mention of Art. 62, par. 5. What is this?
o One is a habitual offender.
One who escapes from jail, is he automatically a quasi-recividist?
o Justice Regalado : No. Because the very act of evasion of
sentence is an element of the aggravating circumstance of
quasi-recidivism. Under Art. 62, par. 1 if the aggravating
circumstance in itself constitutes a crime punishable by law, it
is not taken into account.
o J Callejo: This still bothers me. No clear answer.
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Can one be a quasi-recidivist or recidivist at the same time?
o Yes.
o Only difference: recividism can be offset by generic mitigating
circumstances, quasi-recidivism cannot.
While serving sentence, a convict commits a complex crime. What
is the effect?
o Maximum of the maximum of the more serious crime.
What is the best evidence to prove prior conviction?
o Court judgment.
What is the difference between reiteracion and quasi-recidivism?
o Reiteracion: needs final service of two or more lesser crimes,
or one graver or equal crime
IV: CRIMES AGAINST PUBLIC INTEREST
FORGING THE GREAT SEAL OR THE SIGNATURE OR STAMP OF THE PRESIDENT
(161)
Can forgery of signature or the great seal be committed by culpa?
o No. There must be knowledge and intent to use the signature
or great seal.
What is the presumption under this law?
o Presumption: possession of a document bearing the forged
signature or seal deemed to be the one who committed the
forgery.
USE OF FORGED GREAT SEAL, PRESIDENTS SIGNATURE OR STAMP (162)
Can only be committed with criminal intent, because the law uses the
word knowingly.
Who can commit this crime?
o Offender here is not the forger, because the forger is liable
under 161.
MAKING, IMPORTING, AND UTTERING FALSE COINS (163)
How many means to commit this crime?
o Three: 1) make, 2) import, 3) utter
o Note: if foreign currency, amount is immaterial.
What if the coin is not any more legal tender?
o If it was legal tender at that time, but it is not legal tender
anymore, there can still be violation of Art. 163.
o Ex. Using a forged 1-centavo coin, when is was not out of
circulation can still be punished
Can this offense be attempted or frustrated?
o May be frustrated if the imitation is so imperfect, although all
acts were committed.
o Attempted, if one failed to perform all acts of execution except
when there is spontaneous desistance
What does importation mean?
o To import: to bring into port these coins.
When is importation consummated?
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o There is consummation when the boat enters port or the plane
enters airspace, EVEN IF they are not unloaded or brought to
customs.
o When is importation frustrated?
Importation may be frustrated, if before they cross
territorial waters of Philippines, they are caught.
How many crimes are committed if the offender makes 1,000
counterfeit 10 centavo coins, and a few US coins?
o Two: a) coins of one currency, b) and another, by the US
o So the test is number of currencies involved
What is the rule on territoriality of this crime?
o This crime can be prosecuted abroad, under Art. 2.
The coins subject matter of the crime must be legal tender in the
Philippines, and are still in circulation.
o Mutilation of coins of other countries: not punished under this
provision.
Is damage an element of utterance?
o No. Damage is not an essential element of utterance
MUTILATION OF COINS (164)
Amended by PD 247, which punishes:
o 1. Willful defacement
o 2. Mutilation
o 3. Tearing
o 4. Burning
o 5. Or destroying currency notes or coins
Must be of legal tender
o ONLY provision in this part that requires legal tender [though
this conflicts with J. Callejos statement in 163 that the coins
must be of legal tender too]
Coins of foreign currency are not included
SELLING OF FALSE OR MUTILATED COIN (165)
Two acts punished:
o 1. Possession of false/mutilated coin with intent to utter
o 2. Actual utterance of the coin
Possession includes constructive or physical possession of counterfeit
or mutilated coins
There must be knowledge
What if the one possessing with intent to utter is the counterfeiter?
o If the one possessing is also the counterfeiter, this crime is
absorbed under 163
FORGING TREASURY OR BANK NOTES OR DOCUMENTS PAYABLE TO BEARER; OR
IMPORTING OR UTTERING SUCH FALSE OR FORGED NOTES/DOCUMENTS (166)
What are covered by this provision?
o 1. Treasury notes
o 2. Bank notes
o 3. Documents payable to bearer
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Three acts:
o 1. Forging or falsification of treasury/bank notes/documents
payable to bearer
o 2. Importing false or forged bank notes
o 3. Uttering these in connivance with forgers or importers
Otherwise, see Art. 168
Take note of modes to commit forgery of bank notes or treasury notes,
etc. under Art. 169.
When is a document payable to bearer?
o 1. Payable to bearer
o 2. Payable to person named or bearer
o 3. Payable to fictitious or non-existent person + knowledge of
person making it so payable
o 4. Name of payee is not the name of any person
o 5. Last indorsement in blank
When is there uttering under this provision?
o To utter is to offer the forged document, knowing it to be false,
whether accepted or not, with representation that it is genuine,
with intent to defraud
P v. Balmores a PCSO ticket is a government obligation. If the
accused bore a PCSO ticket and wrote in ink the number purported to
win attempted estafa, because he was not able to encash it before
being caught
What about blank postal money orders?
o Blank forms of postal money orders are not official forms.
o UNLESS filled up
What about treasury warrants?
o Treasury warrant is a government obligation and is therefore
covered by Art. 169 of RPC
COUNTERFEITING, IMPORTING, UTTERING INSTRUMENTS PAYABLE TO ORDER
(167)
What does this provision cover?
o Documents payable to order
Again, utterance here must be in connivance with forgers or importers.
Otherwise, see 168.
ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR BANK NOTES AND
OTHER CREDIT INSTRUMENTS (168)
Elements of crime under Art. 168?
o 1. Treasury/bank note/ security payable to bearer or order is
forged or falsified by another person
o 2. Offender knows it was falsified
o 3. Used OR possessed with intent to use
What if its possession alone?
o Possession alone, without use or intent to use, is NOT a crime
under 168
RA 8484 (Access devise law)
o Sec. 17 any prosecution under this law shall be without
prejudice for liabilities for violations of RPC
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o So one can be charged under both RPC and 8484
RA 8239 (Forgery of passports)
o If it is also punishable under RPC, and the RPC crime has
higher penalty, IMPOSE higher penalty.
o But only ONE CRIME is committed.
HOW FORGERY IS COMMITTED (169)
How can forgery be committed under 169?
o 1. Giving a treasury or bank note or instrument payable to
order or bearer the appearance of a true and genuine
document
o 2. Erasing, substituting, or counterfeiting, or altering figures,
letters/words, or designs in said instrument
What do you mean by utter?
o To offer a forged document or instrument, knowing that
instrument to be false, with representation of genuineness
o There must be intent to defraud
How about a false bank note? Is it included in 169 or 166 of RPC?
o SC ruled that false bank notes are included in the phrase and
other representatives of value of whatever domination in 166
However, blank forms of postal money orders are not official, public
documents, or treasury/bank notes. They are not certificates of
obligations until filled up.
Possession of genuine treasury notes of the Philippines with any
figures, letters, or words altered or erased with full knowledge of such
alteration is punishable under 168, in relation to 166.
Art. 166 and 167
o For one to be guilty of uttering an instrument payable to order,
there must be connivance with others
o Connivance is an ESSENTIAL element of the crime
FALSIFICATION OF LEGISLATIVE DOCUMENTS (170)
What is punished here?
o Resolution, ordinance, or bill referred to must be a genuine one
What kind of alteration must be made?
o The alteration must be to the substance of that bill, resolution,
or ordinance
o There must be a deliberate intent (malice)
May a private person be liable under Art 170?
o Yes. The law does not distinguish.
FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE, NOTARY, ECCLESIASTIC
MINISTER (171)
The RPC does not define a document. But P v. Andaya defines a
document covered by Art. 171. How is it defined?
o It is a deed or instrument or other authorized paper by which
something is proved, established, or set forth.
What documents are covered by 171 and 172?
o 1. Legislative
o 2. Official
o 3. Commercial
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o 4. Private
In Batulanon v. P, was it a public, official, commercial, or private?
o What was falsified here was a cash voucher.
o But it was not a commercial document, although connected to
business transactions.
o Commercial document used by merchants or businessmen
to promote or facilitate trade or credit transactions
o It was a private document executed by private person without
intervention of public notary or person legally authorized
When is there falsification with taking advantage of public position
(Art. 171)?
o 1. Has official custody of the document
o 2. When he intervenes in preparation of the document
In Siquian v. P, was there taking advantage of public position?
o Yes. The mayor was in public position and he used this
position to make it seem that a non-existent position appeared
to exist.
o Barometer: if he uses influence, prestige, or ascendancy of his
office to commit the crime.
o If a public officer or employee falsifies a document, and it is not
part of his duties, he did not abuse his public position. He is
guilty NOT under 171, but under 172 (falsification of private
individuals)
o If a notary public falsifies a document outside his
territorial jurisdiction, did he abuse his public position?
NO. He is not a notary public outside his jurisdiction.
May falsification of public or commercial document be committed
by culpa?
o Yes. Samson case he endorsed checks without knowing the
identity of the persons who were recipients of the checks.
o He did NOT alter the document, he merely endorsed without
due diligence.
How about a private document? Can it be falsified by culpa?
o No. There has to be intent to damage or damage caused. It
cannot be committed by culpa.
o But not for commercial, public, or official document no need
for intent to damage
Do 171 or 172 apply to electronic documents?
o Yes, by specific provision of Sec. 6(h).
o In fact, a document may be notarized electronically and
considered a public document. If it is falsified, 171 applies
What about documents incapable of producing legal effects?
o A document incapable of producing legal effects cannot be
foundation of a right and thus CANNOT be subject of
falsification.
What is a public document?
o When an authorized person not a party thereto intervenes in a
document
o Also, reports made by officials in their official duty
o A document notarized by a notary public without a
commission is it a public document still?
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No. It is a private document.
What is an official document?
o Public officer takes part by virtue of official position, or any
document which has become part of the public records
o Is a passport an official document?
Yes. RA 8239.
What is a commercial document?
o Used by merchants or business to promote or facilitate trade or
credit transactions
o Is a cash disbursement receipt a commercial document?
No. Batulanon it is a private document. Merely a
receipt issued.
o Is a sales invoice a commercial document?
Yes. Monteverde.
How about a private document that is falsified before being
submitted to the government, as required?
o The falsification of a private document before submission may
nevertheless be falsification of public or official document
because it is destined to be such.
When one takes a civil service examination, are the exams official
documents?
o The booklets or papers submitted to the CSC are official
documents. P v. Leonidas
How about pleadings of parties and papers submitted to the court
in the course of official judicial proceedings?
o Pleadings of parties and papers filed by them which are
involved in actions and submitted to the custody of the court
are public documents
How about a personal data sheet submitted to the CSC for
appointment to public position?
o It is a public document, because such document is required by
law.
o The mere fact of preparation occurred before submission does
not affect its status because the document is destined to be
part of public record.
o You apply for a drivers license and prepare an
application. You falsify your age in the application, prior
to submission. Is that falsification of public document?
Yes. The blank form becomes a public document the
moment it is accomplished and submitted to LTO.
The roll of attorneys is also a public document.
Very interesting case: Layug v. Sandiganbayan vis--vis Flores
v. Layosa.
o Layug : an ordinary government employee has a time record
measured through Bundy clock. Layug is a teacher in Davao
national high school. He said in his record that he went to
class and taught from 8:30-11:30, 1:30-4:30. But some of the
time, he spent in the library. He was charged for falsification,
because he said in his time record that he taught in certain
times, but he was just in the library. No question, the time
record is a public document. He was charged for falsification
of a public document ELEVEN times. But he did not get his
salary for the time he was not teaching. QUESTION: Is he
guilty for falsification of public document even if there is no
damage to the government?
115
HELD : Layug was acquitted. In the prosecution of
cases involving falsification of time records, there
must be proof of damage to the government (e.g.
salary paid for services not rendered). BUT this is
weird, because usually, damage is not an element of
falsification of public document.
o Flores : The falsification of a daily time record automatically
results in financial losses to the government because it
enables the employee to be paid salary and earn leave credits
for services never rendered.
Contrast : In Flores, damage is not an element,
because potentially, the government can be
damaged.
o What prevails?
Flores is the sounder doctrine.
o Beragio v. CA :
A COMELEC registrar, who was also a lawyer, was
allowed by COMELEC to appear for poor litigants. He
submitted a DTR saying that he was in the office, but
he was actually in court attending to poor litigants. He
was charged with falsification.
HELD: Even if he was not in the office at that time,
the COMELEC allowed him to appear for poor
litigants. He was performing a duty authorized by the
COMELEC. There was no falsification.
o Case: Spouse is a janitor, but before the janitor died, he
received his check. Before the check became due, the janitor
died. The widow already received it. She cashed it, thinking it
was leave credits value. The check was worth X amount,
though the janitor had leave credits exceeding the amount of
the check. She was charged with falsification.
HELD: Acquitted. She was acting in good faith.
There was no damage to government; in fact, the
government owed the janitor pa.
Is the spuriousness of a document a defense against charge of
falsification?
o No.
o P v. Coral Got a warrant of arrest, falsified signature of the
judge, and had his wife arrested. He claimed he was not guilty
of falsification because it was a spurious document in the first
place.
HELD: Convicted. There can be falsification even if it
is a spurious document. Cannot use own acts of
falsification as a defense against prosecution.
If a notary public notarizes a document without commission, is
there falsification of public document or private document?
o Falsification of public document.
o So to simplify:
1. The document remains private
2. But the crime is F of public document
Can there be an attempt or frustration of falsification?
o Consummated the moment the genuine public or official
document is altered, or the moment the false document is
executed
Even if the document is not put to illegal use.
o THUS there can be no attempted or frustrated falsification of
public or official document
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UNLESS the falsification is imperfect.
Can there be falsification by omission?
o Yes, the crime of falsification can be committed by omission.
Here the asst. book keeper did not include in the ledger things
or properties purchased by him as such. He committed estafa
through falsification by omission by not indicating in the ledger
his purchase of goods.
May someone be convicted based solely on presumptions?
o Yes. One found in possession of falsified document is
presumed to be the author.
Counterfeiting or imitating handwriting, signature, rubric (171 1)
What does imitating cover?
o In can also cover feigning. Feigning means the forgery of a
signature that does not in fact exist.
When does one become guilty for falsification under this
provision?
o For one to be guilty for falsification under this provision, it is not
necessary that the imitation of writing, handwriting, or signature
be perfect. It is only necessary that the two writings bear some
resemblance to each other
o There can be no falsification of public document unless there is
an attempt to imitate the genuine signature of another
What if the false signature did not look like the real one?
o One is guilty of falsification even if he did not imitate the
signature of the person in the document, as long as there is a
DIFFERENCE between the genuine signature of another and
the falsification.
Causing to appear that persons participated, etc (171 2)
What is punished here?
o Falsifying a document by causing it to appear that a person or
persons participated in any act or proceeding when in fact,
they did not.
X had an uncle and auntie. By 2000, his auntie and uncle died. He
executed three documents (deed of sale, deed of conveyance) all in
the same occasion. In each document, the dead spouses sold to the
vendee parcels of land. Then, Lastrilla signed the signature of his dead
uncle and auntie, and antedated the deed. Is this falsification?
o Yes, under this paragraph (Art. 171 par. 2).
o The uncle and auntie are both dead. So this provision applies
even if those who were made to appear to participate are
already dead.
o But there is only one crime, even if there were several modes.
Accused was a COMELEC registrar. He made it appear in the list
of voters that certain voters were listed, when they were not, and
that they voted, when they did not. What is the crime?
o Guilty under this same provision AND
o Liable under Omnibus Election Code
Can this crime be committed to conceal another crime?
o Yes.
o Ex. X was an accountable officer and he misappropriated
funds of government. To conceal malversation, he falsified
receipts to show that people received some amounts, when
they did not.
o Guilty of two crimes:
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1. Malversation
2. Falsification under this paragraph
X was paid by examinee in CSC to take the exam on his behalf and
pose as him. Is he guilty of falsification?
o Yes. He made it appear that another person participated in the
exam, when he did not.
Persons in fact participated in proceedings, but accused make it seem that
they said/did some things they did not do (171 3)
X changed the answers of a Bar examinee, Y, then she corrected
the answers. What is the crime?
o X was guilty under this provision.
o Y was guilty as an accomplice, by knowing that X committed
the crime for him.
Making untruthful statements in narration of facts (171 4)
What are the requirements:
o 1. Offender is a public officer or employee
o 2. Untruthful statements in narration of facts
o 3. The facts must be absolutely false
What if there is some color of truth in the falsification?
o If there is color of truth in it, he is not liable under this
paragraph.
o If there is colorable truth to the statement, one is not criminally
liable. If there is a color of truth to it, there can be no criminal
intent.
o There is no F of public document if acts of accused are
consistent with GF, even if it may be false. Color of truth
indicates GF.
X was Chinese, but he declared himself as Filipino. The clerk
wrote down Filipino in the residence certificate. Is the clerk
guilty of making untruthful statements?
o Clerk is NOT guilty he had no criminal intent and relied on
the Petitioner.
o Petitioner is guilty under this paragraph as Principal by Direct
Inducement.
What if it was altered to speak the truth?
o There is no falsification (e.g. there is error in cedula, then
altered to speak the truth. There is alteration, but no
falsification)
What is the legal obligation contemplated under this provision?
o The legal obligation may spring not only from a law or a
regulation/rule promulgated by authorities (e.g. CSC,
COMELEC)
Ex. Guilty of falsification under this provision, if X
falsified a personal data sheet, which is a document
required to be submitted to the CSC under its rules.
The mere fact that she was not hired is
inconsequential.
The duty to make truthful statements, what is it based on?
o 1. Law
o 2. Ordinance, as long as it requires such making of truthful
statement
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o 3. One issued by a government agency
o Ex. A government employee who falsely stated in ITR that he
has 2 dependents, when just has one, so that he can pay less
taxes: the government employee is guilty of falsification of
official document.
What is the required intent?
o There must be deliberate intent to make a false narration of
facts, so there is no culpa
Altering true dates (171 5)
May this crime be committed by culpa?
o No. Intent is essential to the crime.
What dates are contemplated by this provision?
o Dates referred to here are those that have legal efficacy; ex.
Date when obligation is due, date when persons were married.
Making alteration or intercalation to genuine document which changes its
meaning (171 6)
Elements:
o 1. A person changes a document or intercalates an entry or
statement therein
o 2. The alteration or intercalation was made in a genuine
document
o 3. Alteration or intercalation made in document to speak of
something that is false
What is the duty of one making the alteration?
o One making the alteration must explain the same.
What alterations consist of:
o Erasure
o Interlineations
o Additions
o Substitution of any material matter in a document or instrument
When is the alteration of intercalation NOT a crime?
o 1. Alteration or intercalation was made to make the document
speak the truth
o 2. The alteration or intercalation did not change the substance
of the document.
May this crime be committed by culpa?
o No. There must be criminal intent. It cannot be committed by
culpa. Good faith is a proper defense.
Issuing copies (171 7)
Two modes of committing this crime?
o 1. There is no genuine original of the copy of the document
issued in an authenticated form
o 2. There is a genuine document
Done with dolo or with deliberate intent
Alteration of the copy of the genuine document
changes character of genuine document
Public officer or notaries-public. Sec. 19, Rule 132 of
Rules of Evidence enumerates these documents.
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Intercalating instrument or note (171 8)
Intercalated document must be false and change the sense of the
document or official book.
Number of crimes of falsification committed:
One may be liable for estafa through falsification of a public or official
document, but not estafa through falsification of private document.
There are as many crimes of falsification as the number of documents
falsified
o If there is only one document falsified, but under multiple
modes, there is only one crime of falsification
o But in P v. Pomferada someone falsified the roll of attorneys,
by inserting three persons there; he committed three counts of
falsification, even if made on the same roll of attorneys
FALSIFICATION BY PRIVATE INDIVIDUALS AND USE OF FALSIFIED DOCUMENTS BY
PRIVATE INDIVIDUALS (172)
Two modes under paragraph 1:
o 1. Private individual falsifying a public, commercial, or official
document no need for damage or intent to damage
o 2. Private individual falsifying a private document there is
need for damage caused or intent to cause damage
When can a public officer fall under 172?
o If a public officer falsifies a document, without abuse of official
position, he can be liable under Art. 172
What does damage cover?
o Damage includes material damage and damage to the credit or
honor of a private person
o So it is not confined to mere material damage
The offender did not gain any profit from the falsification of private
document. But intent is an internal act. How does one establish
this intent?
o There must evidence independent of the falsification to
establish intent.
o Ex. May consist in an attempt to encash or use the document,
or verbal or physical acts indicating intention behind
falsification
Under paragraph 2, how is the crime committed?
o 1. Person who shall knowingly introduce in evidence in any
judicial proceeding
o 2. or using a falsified document, to cause damage or with
intent to cause damage
A private individual who falsified a document, and also used the
document under a judicial proceeding, is he liable under paragraph
1 or paragraph 2?
o Under the 2
nd
paragraph, the person using the document is
other than the author of falsification. If the falsifier himself uses
the document in a judicial proceeding, he is liable for
falsification (par. 1) and not for use
If a government employee falsifies his personal data sheet by
making it appear that he passed the CSC exam, when in fact he did
not, and he used the personal data sheet to apply for a position
with the government (therefore, not in a judicial proceeding); how
many crimes of falsification did he commit?
o Two crimes:
o 1. Falsification
120
o 2. Use of such document in a proceeding other than a judicial
proceeding
Is a falsified document was used in a judicial proceeding, is there
need to establish damage caused or intent to cause damage?
o No.
If it was used in some other purpose or proceeding, is there need
to establish damage caused or intent to cause damage?
o Yes.
Art. 174, 175 just rely on commentaries of Reyes
INTRODUCTION INTO THE PHILIPPINES OF ANY INSTRUMENT INTENDED TO BE
USED IN COUNTERFEITING (176)
In a situation where the instruments imported could not be used
for the intended purpose, is it an impossible crime or a crime
under Art. 176?
o Still 176. As long as there was intent to use and there was
importation.
Must one import a complete set?
o No. If the instruments brought into the country cannot be used
on their own, but can be used alongside other instruments,
there is violation of the law.
USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS (177)
2 modes of committing the crimes:
o 1. Usurpation of authority
o 2. Usurpation of official functions
When a public officer or employees has already retired or resigned
but continues to do his duties, is he liable for usurpation of
functions?
o Yes.
o Ex. A notary public who notarizes a document when his
commission has expired violated this provision
For usurpation of authority, what must the prosecution prove?
o 1. Accused is aware he is not a public officer
o 2. He falsely represents himself to be such
o 3. Such person has performed pertaining to an act of person in
authority or agent of PIA
Is good faith a defense?
o Yes. Felony here is committed by dolo. GF is a defense.
X pretended to a public official in order to molest a minor. What is
the crime?
o Complex crime of usurpation of public authority with seduction
X pretended to be a BIR agent and showed falsified BIR ID. What
is the crime?
o Complex crime of usurpation of public authority with
falsification
X pretended to be a public official to commit robbery. What is the
crime?
o Just robbery. Take note of Art. 299-A par. 4: Robbery may be
committed through pretense of exercise of public authority.
121
o It is NOT a complex crime. Usurpation is an essential element
under this mode.
X kidnaps another to deprive her of liberty, by pretending to be a
public officer. Is he liable for complex crime of usurpation and
kidnapping?
o No. Usurpation of authority is a mode of committing crime of
kidnapping.
Person pretending to be authorized to issue passports:
o Liable under RA 8239. (Phil. Passport Law)
PUBLIC USE OF FICTITIOUS NAME (178)
What are the two paragraphs?
o 1. Fictitious name purposes:
1. To conceal a crime
2. To escape judgment
3. To cause damage
o 2. Person who conceals his true name or other personal
circumstances
Elements under first paragraph?
o 1. Publicly uses fictitious name
o 2. With any of the mentioned purposes
o Is motive an essential element?
Yes. Here, motive is essential element.
If a person uses a fictitious name publicly, but without these
purposes, what crime is committed?
o Same crime, but under Par. II.
What is meant by publicly?
o Includes use in an official or public document
What is meant by damage?
o Not equivalent in falsification of private document.
o Damage here is not to a particular person but to public
interest. Public interest is something in which the public,
community at large, has some pecuniary interest by which
some legal rights are affected.
If one uses a fictitious name to defraud another, what crime is
committed?
o Estafa. Art. 315-2(A)
What if the fictitious name is used to commit robbery?
o Then its just robbery. Under Art. 299(A)-4, robbery may be
committed through use of fictitious name to gain entry into the
house of another.
o Again, the use of fictitious name here is a mode to commit
robbery.
If one uses a fictitious name in a narration of facts in a public or
official document, what crime is committed?
o Falsification of public, commercial, or official document,
because penalty for use of fictitious name is already integrated
in the former.
What is meant by evasion of judgment (to escape judgment)?
122
o Includes criminal or civil. The law does not distinguish.
One is a convict serving sentence, and another person in jail
substitutes for the former, to allow him to escape. The other
prisoner took his place and claimed to be the escapee by stating
his name. What crime did the first person commit?
o Evasion of sentence, complexed with use of fictitious name
If the security guard noticed that the first person was gone, but did
not ask the name of the replacement. What crime?
o Different opinions
o Justice Albert: replacement is guilty of use of fictitious name
under this provision
o Justice Reyes: replacement guilty with delivery of prisoners
from jail AND of use of fictitious name to conceal the escape of
the prisoner
Person who escaped: evasion plus use of fictitious
name to evade service
o Justice Regalado: replacement is guilty of delivery of prisoners
from jail. Use of fictitious name by the replacement is
absorbed by crime of delivery. Escapee is guilty of evasion of
service of sentence, but not use of fictitious name.
o Justice Callejo: If the replacement did not use a fictitious name
to help the convict escape, he is ONLY guilty for delivery of
prisoners (since he did not say a fake name). There was NO
overt act of using publicly a fictitious name. If the person uses
a fictitious name, art. 48 will apply
Replacement: delivery of prisoners complexed with
use of fictitious name; Escapee: evasion of service of
sentence complexed with use of fictitious name
How many multiple crimes of use of fictitious name be committed?
o There are as many crimes as the number of fictitious names
used
What if a person uses a fictitious name to obstruct justice?
o Violated PD 1829 (knowingly uses a fictitious name to delay
apprehension of suspects)
Art. 179 see authors comment
FALSE TESTIMONIES (180-2)
False testimony against a defendant (Art. 180)
o This only applies for crimes under the RPC or SPLs that use
nomenclature of RPC penalties, because the penalty for false
testimony is dependent on the RPC graduation
The testimony must be complete:
o Must have been subjected to direct and cross examination
o Unless other party waved right to cross-examination
Must there be intent?
o Yes. There must be criminal intent only committed through
dolo. GF is a defense.
o Villanueva v. SOJ witness must be aware that his testimony
is false. Unless he is aware, he may invoke GF. Knowledge
that his testimony is false is internal act.
o How can you establish this?
State of mind may be determine by things he states or
does, proof of motive to lie, and objective falsity itself
(if the statement is egregiously false), or proof from
other facts.
123
What must be the subject of false testimony?
o False statement must be related to the subject of inquiry, which
legitimately affects the defendant. Not necessary that the
witnesss testimony directly affects the decision. It just needs
to affect a material fact.
There must be judgment of conviction or acquittal, because penalty
depends on the penalty imposed on the convict.
o It does not matter whether the accused is convicted or
acquitted. It the intention of the accused that suffices.
Does this provision include testimony on qualifying and
aggravating circumstances?
o Yes.
When will Art. 180 not apply?
o Will not apply if accused in main case is convicted and is
convicted for a penalty less than correctional, or a fine.
o The liar may not be prosecuted under 180, but can be
prosecuted under perjury.
Who is a witness?
o Includes injured party or any witness
o And even one of the accused, as long as he testified for the
prosecution.
If the accused gave false testimony in favor of himself, is he liable
under 181 (favorable false testimony)?
o No.
o Unless, X was not just disclaiming guilt, but pinning it upon
another. (Hindi ko pinatay yan. Siya po ang pumatay!)
What is the nature of this crime?
o It is a formal crime. The crime is committed as soon as the
false testimony is given.
o Thus, retraction does not extinguish the crime already
committed.
o UNLESS it was spontaneously done in the same testimony
there is GF
Relate to RA 6981 witness protection program:
o Person in WPP who testifies falsely loses immunity and can be
liable for perjury
o But NOT art. 180-182 of the RPC
HSA, sec. 47:
o Any person knowingly furnishing false testimony in any
proceeding involving terrorism is liable not under 180-182 but
for the crime committed
False testimony in a civil case (Art. 182):
o Here, the offender may be a party litigant, or a witness for a
party
Elements of 182:
o 1. False testimony given in civil case
o 2. Relating to issues raised
o 3. Testimony must be false
o 4. Witness knows it is false
124
o 5. Must be malicious and given with intent to affect the issues
in the case
What is the effect of a retraction?
o The retraction of a witness under 182 does not extinguish
criminal liability.
What is covered by civil case?
o Includes ordinary action
o Includes supplementary proceedings (Execution of judgment,
prohibition)
o Covers testimony in a petition to annul judgment
How about false testimony in special proceedings?
o Does not apply to special proceedings. Neither does it apply to
naturalization proceedings.
Is this like Article 180, where penalty depends on outcome of the
case?
o No.
FALSE TESTIMONY IN OTHER CASES AND PERJURY IN SOLEMN AFFIRMATION
(183)
What does this cover?
o Knowingly making untruthful statements and, not being
included in the prior provisions, testifies under oath, makes an
affidavit upon a material matter
What if the person falsifies under solemn affirmation instead of
oath?
o Same crime, same punishment (even for Arts. 180-182)
Where does perjury apply?
o 1. Light penalties
o 2. Other proceedings (ex. Special proceedings)
o 3. Etc. etc.
Elements:
o Perjury is a felony by dolo. It cannot be done by culpa.
o There must be malice. Mere assertion of false, objective fact
not enough.
o There must be criminal intent.
How about petitions?
o Petition for habeas corpus is a public document. If the
allegations are false, crime is falsification of a public document.
o Padua v. Paz a complaint for damages filed with MTC which
contains false allegations perjury
o Asturias v. Serrano petitioner filed petition to annul judgment
and made false assertions crime is perjury too
o J. CALLEJO In light of these, a petition filed in court where
false statements are made, the crime is perjury.
Must the proceedings terminate first?
o No. It is not necessary that the proceeding where the false
statements were made must terminate first.
OFFERING FALSE TESTIMONY IN EVIDENCE (184)
Who is liable here?
125
o The party who is liable is the party who OFFERS the document
in evidence
o Must know that the document is false
Malicious procurement of search warrant and use of perjured
document what crimes are committed?
o 1. Malicious procurement of search warrant
o 2. Perjury
o These are NOT complexed
MONOPOLIES, ETC (185-6)
RA 9184
What is RA 9184?
o Procurement Act of Government
What are the prohibited acts for public officers under this law?
o 1. Opening sealed bid prior to time appointed for opening
o 2. Delaying without just cause the screening for eligibility,
opening of bids, evaluation, or post-evaluation of bids, and
awarding beyond allowable period
o 3. Unduly influencing or using undue pressure on the Bids and
Awards Committee to accept a particular bid
o 4. Splitting of contracts which exceed purchase limits and
competitive bidding
o 5. Rejecting bids due to manifest preference for a closely
related bidder
o Can they still be prosecuted under RA 3019?
Yes.
What are the prohibited acts for private individuals and colluding
public officers?
o 1. Two or more bidders agree and pre-arrange multiple bids
where one is obviously better than the other to give semblance
of competitive bidding
o 2. One bidder maliciously submits different bids through
different persons, to pretend that there is competitive bidding
o 3. Entering into contracts where one party refrains from bidding
or withdraws one already made
o 4. Schemes that naturally reduce competitive bidding
o What are the accessory penalties for offenses #1-4?
Public officer suffers temporary or perpetual DQ from
public office
The private person cannot transact with government
again
o 5. Submitting false eligibility requirements
o 6. Submitting falsified information in bidding documents
o 7. Participating in bidding using anothers name or allowing
another to use ones name
o 8. Withdraw a bid after it has been named highest-rated or
lowest-calculated without just cause or to cause the bid to be
awarded to another
Includes non-submission of final requirements after
acceptance, such as security, etc.
C.A. 142
126
What is C.A. 142?
o Anti-alias law
What are the punishable acts?
o Cannot use a name different form that registered in the LCR or
used in baptism
o Or for aliens, what was registered with the Bureau of
Immigration
What are the exceptions?
o Literary, cinema, TV, radio, entertainment purposes, and other
athletic events where use of a pseudonym is a normally
accepted practice
o How to secure an alias?
Need judicial approval for at most, one alias. Same
proceedings as change of name.
V: RELATED TO OPIUM
What changes did the DDA bring about to this title?
o 1. The penalties do not use nomenclature of RPC anymore
o 2. The penalty is no longer based on quantity involved except
for possession
o 3. Use of dangerous drugs now has a graduated penalty
First offense is 6 months rehab
Second offense onwards has imprisonment already
What if possession and use concur?
Possession applies, not use
What if sale and possession concur?
Sale applies, not possession
o 4. Anyone charged under DDA cannot avail of plea bargaining
What about probation law?
Only those convicted for drug pushing or
trafficking are exempted
o 5. Accessory penalties apply not just after conviction but even
during appeal
What is the new classification of drugs?
o 1. Dangerous drugs
o 2. Controlled precursors and essential chemicals
Who are the new additional offenders?
o 1. Financier person who pays for or underwrites illegal
activities in the DDA
o 2. Protector/coddler person who knowingly and willfully
consents to the unlawful acts in the DDA and uses his power
or position to shield, harbor, screen, or facilitate escape of any
person who has violated the DDA
What are the new offenses?
o 1. Illegal chemical diversion of controlled precursors and
essential chemicals
127
Sale, distribution, supply, or transport of legitimately
imported, manufactured, or procured CPECs to any
person or entity manufacturing DDs
o 2. Failure to maintain and keep original records on transactions
with DDs or CPECs
o 3. Misappropriation, misapplication, or failure of public officer
or employee to account for confiscated DDs, plant sources,
paraphernalia or benefiting from these
o 4. Planting as evidence any DD/CPEC
o 5. Violation of any RR of the DD Board
o 6. Issuance of false or fraudulent drug test results
o 7. Violation of confidentiality of records
o 8. Refusal of members of law enforcement agencies or any
government official/employee to testify as prosecution witness
in DD cases
o 9. Delay and bungling in the prosecution of drug cases by
government officer or employee
What are the old offenses carried over?
o 1. Importation of DD/CPCE
Also, importation of such through diplomatic passport,
diplomatic facilities, or other means using official
status
o 2. Financing, organizing, managing
o 3. Protecting/coddling
o 4. Selling or distributing or brokering transaction of DD/CPCE
o 5. Use by drug pushers of minors or mentally incapacitated
individuals as couriers or runners
o 6. Maintaining drug den, dive, or resort where DD/CPCE is
used
Being employed by or visiting such dens
Protecting or coddling such dens
o 7. Manufacture of DDs/CPCEs
Or instruments, equipment, apparatus, etc.
o 8. Possession of DDs or instruments
Aggravated if during social gatherings (see below)
o 9. Use of DDs
o 10. Cultivation of plants classified as DDs or sources
o 11. Unnecessary prescription of DDs
o 12. Unlawful prescription of DDs
o 13. Attempt or conspiracy (see below)
What is the rule on attempt or conspiracy to commit unlawful acts?
o They have the same penalty as the consummated crime in the
offense of:
o 1. Importation of DDs/CPECs
o 2. Sale, trade, administration, dispensation, delivery,
distribution, or transportation of any DDs/CPECs
o 3. Maintenance of a den, dive, or resort where DDs are used
128
o 4. Manufacture of DDs/CPECs
o 5. Cultivation and culture of plants which are sources of
DDs/CPECs
What are the qualifying or aggravating circumstances?
o 1. Crime committed under the influence of drugs
o 2. Possession of DDs or equipment aggravated if possessed
during parties, social gatherings, or meetings, or in the
proximate company of at least two persons
What is the nature of violations of the DDA?
o Malum prohibita
What are the new programs for treatment and rehab of drug
dependents?
o A drug dependent or any person who uses DDs may apply to
the DD Board for treatment and rehab. Effects:
1. Exempted from criminal liability
2. Placed on probation and undergo community
service
3. Charged for violation of use of drugs
o Or compulsorily confined under the Compulsory Submission
Program by petition of the DD board to the RTC
When is the only time the RPC has any effect?
o When the accused is a minor who is convicted of Reclusion
Perpetua (because otherwise, the other offenders are charged
with Life Imprisonment or other non-RPC-nomenclature
sentences)
VI: CRIMES AGAINST PUBLIC MORALS
GRAVE SCANDAL (200)
Where must it be commited?
o Must be in a public place. Must be in public view
o Unless there is an element of publicity, there can be no grave
scandal. Here, the accused and her paramour were doing
adultery in a private place (kitchen of womans house)
IMMORAL DOCTRINES, OBSCENE PUBLICATIONS, ETC. (201)
What is the test of obscenity?
o Whether it shocks the ordinary and common sense of men.
o Whether the tendency of the matter is to deprave or corrupt
those whose minds are open to those immoral influences.
Is nudity obscene per se?
o Mere nudity in art or sculpture is not obscene since this can be
a work of art.
o If the nude representations are sold for commercial purposes
and not the sake of art, it may fall under this provision on
obscenity.
How about actual exhibition of sexual intercourse in public?
o It is a crime under this provision. There is no art here.
What must be the nature of commercial distribution?
o It must be distributed widespread or to many people, because
if it is isolated, then it does not disturb the law
129
RA 9995 law punishing video and photo voyeurism (amended
Art. 201):
o 1. Taking a video or photo of sexual act without consent of
person
o 2. Capture image of body parts (breast, buttocks, genitals, etc.)
without consent of the person
N.B.: For above, there must be reasonable
expectation of privacy which was violated
If a couple goes to a motel, is there an expectation
of privacy?
Yes. That is why they went to the motel.
What is Reasonable expectation of privacy?
The person concerned believes that she can
disrobe in privacy without being concerned
that she would be captured in photo or video
o 3. To sell, copy, or cause distribution of the video or photos
even when there is consent by the persons involved
o 4. To broadcast in print, radio, or video these sexual acts (even
in VCD or DVD)
Can this video or photo be submitted as evidence?
o No. This photo or video is inadmissible for evidence.
o Exception: police can apply to court for an order to take a
photo or video of a couple for investigation and apprehension
of those committing this crime.
Relate to RA 7610 - Child abuse law:
o Those who coerce or induce a child (person under 18, or over
18 but suffering from mental or physical defect) hired to
perform in indecent shows or obscene publications
o Here, the child is exempt from punishment because the child is
a victim.
o Who are liable?
Ascendant, guardian, any person entrusted with care
of child
Person who induces or coerces the child
VAGRANTS AND PROSTITUTES (202)
Amended by RA 9344, Sec. 58:
o Persons below 18 are exempt from criminal liability from
prosecution for vagrancy or prostitution
o Or mendicancy under PD 1563
RA 7610: Who are liable?
o 1. Pimps
o 2. Those other persons that procure child prostitutes or
encourage them
o 3. Those who engage in sexual intercourse with children
o 4. Those deriving profit or advantage (e.g. owners of
establishment)
Further amended by RA 9208 anti-trafficking of persons act of
2003:
o Covers sex-tourism, qualified trafficking of persons, etc.
130
When is trafficking of persons qualified under RA 9208?
o 1. If the trafficked person is a child (under 18 or over 18 but
has mental or physical defect)
o 2. Offender is in military or law enforcement agencies
o 3. If the offended person dies, becomes insane, gets
AIDS/HIV, is mutilated
What are the civil liabilities of the offender?
o Offender liable to trafficked person from personal properties
o If insolvent, take value from those proceeds and instruments
derived from trafficking, that are confiscated
What are the special features of RA 9208?
o 1. THERE CAN BE INDEPENDENT ACTION for civil liabilities
under this law
o 2. Exempt from filing fees
VII: CRIMES COMMITTED BY PUBLIC OFFICERS
WHO ARE PUBLIC OFFICERS? (203)
What is the coverage of public officers under this Title?
o Definition in 203 is extensive and comprehensive. Embraces
all public servants, from highest to lowest. Removes
distinction between officers and employees.
o Definition includes those occupying positions in government,
highest to lowest, permanent or temporary.
o Includes those with positions in GOCCs, including GSIS,
Postal Service.
Includes subsidiaries of GOCCs, whether created
under Corporation Code or original charters.
Whether stock or non-stock, vested with functions
relating to public needs (governmental or proprietary),
owned by government either wholly or partially
Crimes committed by judgment
KNOWINGLY RENDERING AN UNJUST DECISION (204)
To which judges does this provision apply to?
o Applies to the judges of the first and second levels (MTC, RTC)
o But not justices of appellate courts, SC, or Sandiganbayan
(those who render collective judgment after due deliberation)
What is the nature of this offense?
o Judge must commit breach of positive statutory duty or
performance of discretionary act with improper or corrupt
motive
When is a judgment unjust?
o Contrary to law, not supported by evidence, made with
conscious and deliberate intent to do injustice
o There must be intent + overt act
It is not enough that the judgment is contrary to law or
that the judgment is not supported by evidence
there MUST be intent on the part of the judge to do
the injustice.
o Can this be committed by culpa?
131
No. This crime is malum in se. It cannot be
committed by culpa.
A judge renders a decision that is not based on evidence on
record, and he is aware of it. He still renders the decision. Is he
ipso facto criminally liable?
o No. The judgment of the court must first become final and
executory before he can be charged of a violation of Art. 204.
o What proceedings are contemplated?
1. There must be a decision of an appellate court, in
prohibition/certiorari/appeal impugning the validity of
the decision
2. OR there is an administrative charge against the
judge for promulgating the unjust order
MANIFESTLY UNJUST JUDGMENT THROUGH INEXCUSABLE NEGLIGENCE (205)
When is there inexcusable negligence?
o If the mistake of the judge cannot be explained; there is a
manifest injustice with no reasonable explanation.
When is a judgment unjust?
o When it is contrary to evidence on record or the law.
Can this be committed by culpa?
o Yes. Unlike Art. 204, a judge may be liable by culpa.
When does liability attach?
o Not only erroneous, but motivated by dishonestly, hatred, or
some other evil motive
What can the judge invoke as a defense against ignorance of the
law?
o 1. Good faith
o 2. Absence of malice
o 3. Improper consideration
UNJUST INTERLOCUTORY ORDER (206)
Elements:
o 1. Judge either:
A. Renders manifestly unjust interlocutory order or
B. Decree through inexcusable negligence or
ignorance
o 2. Either by dolo or culpa
What is an interlocutory order?
o One that does not finally dispose of the case
MALICIOUS DELAY IN ADMINISTRATION OF JUSTICE (207)
What is the nature of this felony?
o Felony by dolo. Must be committed with corrupt motives or
malice, by a judge in delaying the administration of justice.
What is required?
o Mere delay is not enough. There must be intent to deliberately
delay.
PREVARICACION/DERELICTION OF DUTY (208)
132
Who is liable for prevaricacion/dereliction of duty?
o Public officer who, in dereliction of his duties, maliciously
refrains from instituting prosecution for violation of laws or
tolerates commission of these acts
Who are the officers liable here?
o Those charged in institution or filing of criminal complaints
against violators of the law
Ex. Agents of the NBI, PDEA, prosecutors, OMB,
special prosecutor, etc.
o Those charged with enforcement of internal revenue laws are
NOT included
What is the nature of this felony?
o This is malum in se.
o Although the crime may be committed by tolerance, however,
the law expressly requires that the public officer/employee
MALICIOUSLY refrains from instituting or prosecuting
violations of the law.
What is the condition sine qua non before a public
officer/employee can be charged with prevaricacion?
o The offender whom the public officer refused to
charge/prosecute must FIRST be prosecuted and convicted for
that crime whose prosecution was omitted by the public officer
o This is a condition sine qua non to prevaricacion
What crimes does prevaricacion touch upon?
o Refers to both RPC and SPL crimes
What about public officers and employees not tasked with
instituting criminal actions or prosecuting them?
o 1. They can be liable under PD 1829 obstruction of justice
o 2. May also be held as accessories under Art. 19 of RPC
Are they liable for any other crime?
o Violation of Anti-Graft and Corrupt Practices law, in addition to
liability under Art. 208.
What is the relationship between prevaricacion and bribery?
o Prevaricacion is a constituent element of qualified bribery (Art.
211-A).
BETRAYAL OF TRUST BY ATTORNEY OR SOLICITOR (209)
Who can commit a violation under this provision?
o Can only be committed by attorney-at-law (no more procurador
judicial anymore)
First form of violation:
o Client must suffer prejudice due to malicious breach of lawyer
of professional duty, or inexcusable negligence, or ignorance
o What is prejudice?
Material or moral damage
o Where else is the lawyer liable under?
Sec. 4B of RA 3019 Anti Graft and Corrupt
Practices Law if the lawyer knowingly induces or
causes public official to commit any of the offenses
under Sec. 3 of the RA 3019
133
o Practicing lawyer may also be liable for bribery under this
provision, if he connives with a public officer.
Second form:
o Revealing clients secrets learned by him through professional
capacity
Third form:
o Undertaking defense of opposing party in the same case
without consent of first client
o No liability for lawyer if the client accedes to the lawyer
representing another
Bribery
DIRECT BRIBERY (210)
Three forms of direct bribery:
o 1. Public Officer:
agrees to perform a criminal act,
in connection with official duties,
in consideration of any offer, promise, gift, or present
received by him or through mediation of another
whether the crime is committed by him or another
o 2. Acceptance of gift, etc. for a non-criminal act, whether the
act is done or not
o 3. Acceptance of gift, etc. in consideration for refraining from
doing something which is his duty to do
Who commits the crime of bribery?
o Crime of bribery is committed by the public officer.
o What about the gift-giver?
Giver of the gift commits corruption of public officer.
What are the elements of the first mode?
o 1. Accused is a public officer
o 2. He receives directly or through mediation of another some
gift, etc.
o 3. Gift, etc. was given in consideration of commission of
commission by the P.O. of some crime in connection with
performance of his duties
Second mode?
o 1. Act in consideration for which the gift, etc. was given does
not constitute a crime
o 2. The act or crime relates to P.O.s exercise of functions
What must be the nature of this act that is not a crime (second
form)?
o For the public officer to be liable for direct bribery under the 2
nd
form, although the act of the P.O. does not constitute a crime,
the act must be unjust
What if the act is not part of his duties?
o If the act is ENTIRELY outside his official functions, not liable
for direct bribery.
134
o Ex. If a public officer represents to an individual that he can
issue a permit, but he cannot issue it in actuality, he is not
liable for direct bribery. He is liable for estafa.
When is bribery consummated under form 1?
o Because the gravamen of the crime is the offer or promise and
the acceptance, the crime is consummated upon acceptance
of the offer/promise.
o It does not matter whether the offered thing is actually given to
the officer as long as there is offer and acceptance, there is
consummation
Does physical receipt per se amount to consummation?
o No.
o Pelegrino v. P: The offered money was left on the table. The
public officer gets the envelope and says ano to? HELD:
Mere physical receipt without any other act or sign showing
acceptance cannot lead the court to conclude that bribery has
been committed. There must be physical act indicating
acceptance.
What constitutes gift or present? Can it be services?
o Yes. The gift or present may be in the form of services to be
rendered by the bribe giver. A promise to do an act that would
have pecuniary gain to the PO is a present.
o It is enough if a reward or personal advantage would accrue to
the PO from the performance of an act by the bribe giver, and
he values it highly
Can there be attempted or frustrated bribery?
o NO.
o De Los Angeles v. P lawyer promised and actually delivered
to NBI money to spare his client from investigation for
smuggling of aliens. NBI agent accepted the money, but the
agent gave it to his superior to use as evidence against the
smuggler. What crime was committed?
Attempted bribery.
o US v. Te Tong Appellant offered money to Chief of Police for
the latter to release certain merchandise seized from appellant
in gambling. The police accepted it, but to use it as evidence
against appellant. What crime?
Attempted bribery as well.
o P v. Ng Pek Appellant convicted of attempted bribery when
he offered money to the police to dissuade them from arresting
him and charging him for violation of ordinance. Policemen
refused to accept the money. What crime?
Attempted bribery.
o N.B.: the one guilty of bribery is the public officer, but why is it
that in these three cases, there was attempted bribery?
It must have been attempted CORRUPTION OF
PUBLIC OFFICER.
Must the gift be offered or can it be solicited?
o The present or gift may be solicited by the public officer or
employee. If does not distinguish whether offered by the bribe
giver or solicited by the officer
Must the act be done?
o No. It does not matter.
135
o In fact, if the criminal act was actually done by the PO, he is
guilty of two crimes: direct bribery + that crime. (Article 48
does not apply.)
o May he be charged simultaneously for these two crimes?
Yes.
o Supposing he received the bribe to commit a criminal act,
but the officer did not commit the criminal act?
He is liable for bribery under the first mode. It does
not matter if he actually commits the crime or not.
When are there multiple counts of bribery?
o There are as many crimes of direct bribery as the number of
times a bribe is offered and received/accepted.
o Ex. LTO inspector every time he checked and he was offered
money and he accepted it to do a criminal act
Mariposque case (mode 2) A robbery was committed, and X, a police
officer, told the victim: I will recover your property, but you have to give
me PHP 5,800. Private complainant agreed. X recovered it. He did
not deliver it.
o The recovery of the property was not a crime. But there was
an obligation to return the property. It was his duty to do so.
His refusal to do so is not a crime, but it is unjust. So it falls
under Mode 2.
May a private individual be liable for bribery?
o Asejas was a practicing lawyer. His Japanese client came to
the Philippines. He told his client there is a complaint against
you. Immigration agents told client: Give P25K so we wont
investigate you. Lawyer connived with the public officers and
encouraged his client to give money. He did.
o HELD: Private person (lawyer) was liable for bribery for acting
in conspiracy with the public officers.
o N.B. The Japanese client gave money because he was afraid
to be charged for any irregularity in the VISA/ violation of DDA.
Shouldnt they have been charged for robbery/extortion?
Bribery must be given voluntarily.
That is the difference between bribery (voluntary
giving) and robbery/extortion (involuntarily, through
threat)
When can a judge be an accomplice?
o Judge was an accomplice when he allowed his chambers to be
used for the bribery transaction between the police and the
suspected criminal for illegal possession
When is a judge the PDP in this transaction?
o Judge was PDP when he acted as the broker in bribery
INDIRECT BRIBERY (211)
What is indirect bribery?
o Public officer accepting gifts given by reason of his office
Distinguish from direct bribery:
o Indirect no such agreement to perform or not perform an act.
PO is not required to do anything in particular. Enough that he
received the gift/present by reason of his office
QUALIFIED BRIBERY (211-A)
N.B. Relate with Art. 208 (prevaricacion)
When does this happen?
136
o Public officer is entrusted with law enforcement and he refrains
from arresting or prosecuting an offender who has committed
crime punishable by RP and in consideration of offer, promise,
gift, etc.
To what crimes does this apply?
o Crimes punishable by RP
Must it be RPC or can it be SPL?
o RPC crimes and SPLs using RPC nomenclature (since the
felony uses RP)
What is the condition sine qua non?
o The officer must first be convicted for prevaricacion, prior to
conviction for qualified bribery.
CORRUPTION OF PUBLIC OFFICERS (212)
What is this crime?
o The act of offering or giving to the public officer gifts, presents,
etc. It must be by reason of his public office.
o N.B. the public officer is liable for bribery
Can there be attempted corruption of public officers under Art.
212?
o Yes, when the officer refused to be corrupted. But there is no
frustration of this crime because once the public office concurs,
then the crime is consummated.
FRAUDS AGAINST PUBLIC TREASURY, ETC. (213)
What is the offense under the first paragraph?
o In official capacity, entering into agreement for scheme to
defraud government
o When is it consummated?
Consummated by merely entering into agreement by
public officer/employee with interested party or
speculator no need for damage to be proven
o What is the nature of this act?
Crime by dolo
What is the offense under the second paragraph?
o Person who is in charge of collecting taxes, licenses, fees who:
1. Demands payment of larger sums
2. Fails to issue a receipt voluntarily
3. Collecting or receiving things or objects of nature
different from that provided by law
o Mere demand of sums different or mere failure to issue
receipts consummates the crime. Not required for State to
suffer damage.
o What is the nature of this act?
Mala prohibita
o If accountable officer demands amount in excess of what is
due to the government, the amount due to the government is
still public property but the excess is private property
May private individuals be liable under Art 213?
o Yes, if there is conspiracy with public officer.
137
MALVERSATION (217)
Elements?
o 1. Offender is a public officer
o 2. He has custody or control of funds by reason of duties of
office
o 3. Those funds/property are public funds for which he is
accountable
o 4. He appropriates, takes, misappropriates, consents, or
through abandonment/negligence, permits another to take the
same
Is demand an element?
o No. Demand is NOT an element of the crime.
How is malversation committed?
o 1. Misappropriation of public funds
o 2. The taking of such property
o 3. Consenting another to take such property, whether wholly or
partially
o 4. Permitting another due to negligence or abandonment of
duty, to take such public funds or property
How can this be committed?
o By dolo or culpa
What are the described public properties or funds here?
o 1. Public funds owned by national government or any of its
agencies, including LGUs, GOCCs, under the custody of the
accountable officers
o 2. Funds or property under custodia legis which are attached,
seized, or deposited with private individuals or public
authorities under the law or by orders of the courts or executive
officers even if such funds belong to public individuals
o 3. Funds and properties of public corporations or special
instrumentalities such as the PCSO as well as the PNRC are
public funds/properties
Amounts loaned to private individuals by GOCCs are
private loans and are therefore not public property or
funds
What is the purpose of Art. 217?
o The SC ruled that the law is designed to protect the
government and penalize erring public officers conspiring with
private individuals resulting to loss of public funds and property
due to corruption or neglect of duty
What is to appropriate?
o To use public funds or property for himself or convert the same
for his personal advantage
o Includes any attempt to dispose of public funds or property
without any legal right
What is taking?
o Concept of taking in malversation is the same concept as
taking in theft or robbery
o Once a public officer has possession of public property,
however brief as may be, and disposes of the same, he is
liable for Malversation
138
Who is an accountable officer?
o By reason of office, is accountable for public funds or property
o Every officer of government agency whose duties permit or
require the possession or custody of government funds or
property and who shall be accountable therefore and for
safekeeping thereof in conformity with law
o What about donations made by private individuals to
government, are they public funds/property?
Yes, whether domestic or foreign source, when duly
accepted by government (because these are remitted
to the national treasury and for which a general fund
is provided for). Even the proceeds are public funds
or property.
o What is the test to determine who is accountable?
The nature of the duties CONTROLS and not the
nomenclature of the office
X is a municipal mayor; he went to Manila on official business. He
got a cash advance. Under the LGC, if you are given a cash
advance, you have to account for this when you return from your
destination. If he fails to account for it, although he was not
benefited. Is he liable?
o HELD: The municipal mayor is an accountable officer,
because under the Government Auditing Code, he was obliged
to account for the cash advance. Fact of lack of benefit does
not exempt him from liability.
X and Y are both public officers. X is accountable, Y is not. They
use public funds to drink beer.
o HELD: X is liable for malversation. Y is not; he is liable for
theft.
Can a sheriff be liable for malversation?
o Yes, because those taken under official duties are in custodia
legis
Ex. Received money from execution sale and
misappropriates it
o What are the fiduciary funds of the courts?
Ex. Bail bonds
Ex. Funds from extrajudicial foreclosure, even if
destined for a private person, since it is momentarily
entrusted to the one conducting public auction
o Money and property is under custodia legis if taken through
official judicial processes.
What is the rule under RA 9165, DDL?
o Any public officer or employee who is accountable for
seized/surrendered dangerous drugs is liable under the law:
life imprisonment to death
o Can misappropriation of seized drugs be covered by Art.
217?
Not anymore. It should be prosecuted under R.A.
9165 alone.
If a private individual profits from the fruits of malversation, since
he cooperates as an accessory, can he be liable?
o He can be liable for malversation as an accessory.
There must be concrete evidence that:
o 1. He received public funds/property
139
o 2. There is a shortage of such
Can a public officer give vale (allowances) to a co-employee?
o No. Government Auditing Code you cannot give vale to a
co-government employee. To tolerate such a practice is to
sanction every public officer to turn public funds into a lending
business. So giving vale is NOT ALLOWED.
If one misappropriates different types of property: guns, money,
etc., how many crimes are committed?
o If he did everything in one occasion, just one crime
o If multiple times, as many crimes of malversation as the
number of times he misappropriated.
o N.B. So it is determined by instances, not types of property.
Clerk of court has custody of 100K consigned with court. The
sheriff stole it when the clerk went out for lunch. Is the sheriff
guilty of malversation?
o No. He is not the accountable officer. If the clerk is negligent,
he is liable for malversation through negligence. The sheriff is
liable for theft.
What is the effect of restitution?
o Restitution does not exempt him from criminal liability,
o At best it is a mitigating circumstance analogous to voluntary
surrender.
If person is charged with dolo, can he be found to have committed
it by culpa?
o Yes.
Do the aggravating circumstances of abuse of confidence and
taking advantage of public position apply?
o No, they are INHERENT in crime of malversation.
FAILURE TO ACCOUNT (218)
Elements:
o 1. Public officer
o 2. Accountable officer
o 3. Required by law or regulation to render accounts to
government or provincial auditor
o 4. Fails to make account within 2 months
TECHNICAL MALVERSATION (220)
Elements:
o 1. Public officer
o 2. Has public fund or property under administration
o 3. Has been appropriated by law or ordinance
o 4. Applies such fund or property for public use OTHER THAN
that for which it has been appropriated for
Gravamen of crime: use or application of funds/property for some
other purpose than that provided for by law or ordinance
o But he did not get it for himself
Is this included in malversation in 217?
o No, this is separate and independent from malversation in Art.
217
140
Does ordinance include appropriations even by boards?
o Yes.
INFIDELITY IN THE CUSTODY OF PRISONERS (223-5)
How is infidelity in the custody of prisoners committed?
o By dolo or culpa.
Dolo with connivance or consent
Culpa with negligence
o What kind of negligence is required here?
One that approximates malice or deliberateness. If
one was negligent but not grossly, it is just ground for
administrative sanction.
What are the elements of evasion through negligence?
o 1. Offender is public officer
o 2. He is charged with conveyance or custody of prisoner
(whether detention or final judgment)
o 3. Prisoner escapes due to officers negligence
Does evasion through negligence require connivance or consent
of the officer?
o No. This is evasion through dolo.
Can private persons be liable under this provision?
o Yes, for both forms, but the penalty is lower. The private
person must be entrusted with custody of the prisoner.
INFIDELITY IN THE CUSTODY OF DOCUMENTS (226-8)
What are the elements of infidelity in custody of documents?
o 1. Offender is public officer
o 2. Document is abstracted, destroyed, or concealed
o 3. The document was entrusted to the officer by reason of his
office
o 4. Damage or prejudice to the public interest or a third person
What are the modes of committing this offense?
o 1. Officer removes, destroys, conceals documents entrusted to
him
Must have damage
o 2. Officer breaks the seals or permits them to be broken and
the officer is charged with custody of the papers
o 3. Officer breaks the seals or permits them to be broken and
the officer is NOT charged with custody of the papers
Distinguish this from qualified theft:
o Infidelity: mail matter is entrusted to the official custodian
thereof
o Qualified theft: mail matter not entrusted, but in the course of
performance of duty, he handles mail matter and
misappropriates it
REVELATION OF SECRETS (229-230)
What is covered by these provisions?
o 1. Public officer who reveals secret known to him by reason of
official capacity
141
o 2. Public officer wrongfully delivers papers he is in charge of
and which should not be published
o 3. Public officer who reveals secrets of private individual known
to him by reason of official capacity
OPENLY REFUSE TO EXECUTE JUDGMENT OF SUPERIOR COURT, ETC. (231)
What is openly refusing?
o Promptly and unreservedly refusing to execute judgment
o There must be clear and manifest refusal
o And there must be criminal intent to defy superior authority
What if the decision is void?
o Disobedience to void or invalid decision is not a crime
OTHER REFUSALS (232-4)
What are the other kinds of refusal?
o 1. Disobedience to order of superior officer
o 2. Refusal of assistance in the administration of justice or other
public service
o 3. Refusal to discharge elective office
MALTREATMENT OF PRISONERS (235)
See RA 9745 law on torture
Who are the public officers?
o Those with custody of or in charge of the prisoner
o Custody must be actual and not just by fiction of law
Who is the victim?
o The prisoner, the detention prisoner, or convict who was
subjected to maltreatment
If he inflicts physical injuries without intent to kill or he kills the prisoner,
he may be guilty for maltreatment of prisoners and either PI or
homicide/murder
ANTICIPATION, PROLONGATION, ABANDONMENT OF DUTIES (236-8)
Judge who continues to exercise functions of an abolished position, in
GF, is a de facto officer
Abandonment must be total and under such circumstances indicating
absolute relinquishment
USURPATION OF LEGISLATIVE POWERS / EXECUTIVE FUNCTIONS/ LEGISLATIVE
FUNCTIONS (239-241)
Usurpation of one department of the powers of another
Does not cover usurpation within the same department. Different
provision covers such usurpation
UNLAWFUL APPOINTMENTS (244)
What is required?
o Must be aware that the person nominated or appointee does
not have the legal qualifications.
Is good faith a defense?
o Yes.
142
Differentiate nominating and recommending:
o Merely recommending is not a crime under this provision.
o To be liable must nominate someone not qualified
ABUSES AGAINST CHASTITY (245)
What are the violations?
o 1. Public officer solicits or makes immoral or indecent
advances to a woman interested in matters pending before
such officer
No need for solicitation to be accepted
o 2. Warden or other public officer directly charged with
care/custody of prisoners or persons under arrest solicits or
makes indecent advances to a woman under his custody
o 3. Jail warden makes immoral advances or solicitation to the
wife, daughter, sister, or relative within the same degree of
affinity of any person in the custody of such warden/officer
So here, the prisoner is male but the solicitation is
against a female
N.B. doesnt cover mothers
What if a crime against chastity or person is committed?
o Art. 245 is absorbed
Public Authority is an Aggravating circumstance
R.A. 3019 ANTI-GRAFT AND CORRUPT PRACTICES ACT
What does RA 3019 cover?
o 1. Covers elected and appointed officials and employees,
permanent or temporary, whether classified, unclassified, or
exempt service receiving compensation, even nominal, from
government
o 2. Also covers the private individuals involved in paragraphs B,
C, D, and K (one who urges release of confidential information
for K)
What are the punishable acts?
o a. Persuading, influencing, or inducing a public officer to
commit a violation or offense
o b. Requesting or receiving any benefit for himself or another in
a transaction with Government where the public officer has to
intervene
o c. Requesting or receiving any benefit from another for whom
the public officer will secure or has secured a government
permit or license
o d. Accepting or having a family member accept employment in
private enterprise with pending official business with him
During pendency and up until 1 year after termination
o e. Causing undue injury to a party/government or granting
unwarranted benefits to a party through evident BF or manifest
gross inexcusable negligence
o f. Neglecting or refusing to act upon official duty with just cause
to obtain some benefit or to discriminate against/favor a party
o g. Entering in manifestly and grossly disadvantageous contract
on behalf of Government
143
o h. Having pecuniary interest in any transaction with
Government upon whom he intervenes
o i. Having material interest in any transaction or act requiring
discretionary approval by a board which he is part of, even if
he votes in the negative
o j. Knowingly granting a benefit in favor of an unqualified person
or to a mere dummy of the latter
o k. Divulging confidential information
What are the exceptions?
o Unsolicited gifts of small or insignificant value offered or given
as mere ordinary token of gratitude/friendship
R.A. 7080 ANTI-PLUNDER ACT
What is the definition of ill gotten wealth?
o Any asset, property, enterprise, or material possession of any
person acquired by him directly or indirectly through dummies,
nominees, agents, subordinates, associates by any
combination or series of the following means:
1. Malversation of public funds
2. Receiving kickbacks or shares in government
contracts
3. Fraudulent conveyance of government assets
4. Accepting equity shares or future employment in
business enterprise
5. Establishing monopolies to benefit certain persons
6. Taking undue advantage of public position to enrich
himself
What is the plunder?
o Public officer who by himself or with others amasses ill-gotten
wealth through a combination or series of overt or criminal acts
(see above) amounting to at least 75M pesos
What is series/combination?
o Series is the repetition of the same predicate act
o Combination is the commission of at least two different
predicate acts
What is pattern?
o At least two such acts within a 10-year span (from the RICO
Act)
R.A. 9372 HSA
What are the punishable acts of public officials under the HSA?
o 1. Failure to deliver the apprehended person to proper judicial
authority within 3 days
o 2. Infidelity in the custody of detainees
Dolo or culpa
o 3. Using false testimony, forged document, or spurious
evidence in investigation or hearing
VIII: CRIMES AGAINST PERSONS
PARRICIDE (246)
144
What are the elements of parricide?
o 1. A person is killed
o 2. The deceased is killed by the accused
o 3. Deceased is the parent or child (whether legitimate or
illegitimate), legitimate ascendant/descendant, or spouse of the
accused
o Is legitimacy of relationship between parent or child
material?
No.
o What if its between an ascendant and descendant other
than the parent or child?
Relationship should be legitimate.
What if the child is less than 3 days old?
o The crime is infanticide
Distinguish between parricide and infanticide:
o Basis of parricide is relationship; infanticide is age
o Parricide committed only by relatives enumeration; Infanticide
committed by anyone
o In parricide, conspiracy cannot be applied because relationship
is an essential element, so the non-relative co-conspirator
cannot be charged with parricide; Conspiracy can apply to
infanticide because relationship is not determining
o Concealment of mothers dishonor is mitigating in infanticide
but not parricide
Can it be complexed with unintentional abortion?
o Yes.
o Ex. X stabbed his wife to death the wife was pregnant at the
time.
Is there robbery with parricide?
o No. Its still robbery with homicide. Homicide is used in its
generic term, so it includes parricide and infanticide.
Can it be committed by culpa?
o Yes. Can be committed by culpa
o Ex. Spouses were quarreling the husband drove with
recklessness.
What if the victim did not die?
o Frustrated or attempted parricide
What if there is no intent to kill?
o Physical injuries
DEATH UNDER EXCEPTIONAL CIRCUMSTANCES (247)
When does it apply?
o Legally married person surprises his spouse in the act of
sexual intercourse with another person and kills any or both of
them in the act or immediately thereafter
o Or under same circumstance, parents with respect to minor
daughters living with them, vis--vis seducers
145
What if the killing happens an hour later?
o It is fine, if the killing was still proximate and it must be the by-
product of the spouses rage
What if the spouses were living separately?
o It is not a required element so Article 247 can still apply
What is the punishment?
o Destierro
o None, if only physical injuries
Who cannot benefit?
o One who prostitutes his spouse or daughter
Defines an absolutory cause
o Example of an exempting circumstance
o A crime is committed but there is no criminal liability
o Also, no Civil liability because of the absolutory cause
H caught his W in the act and told her to leave. W went inside the
bedroom to take her jewelries. H said W should just leave and not
take the jewelry. W tried to stab H, H stabbed W.
o NOT Art. 247 because he was protecting himself. This was
self-defense.
What must be the nature of intercourse?
o Sexual intercourse must be consensual
o Even if not consensual, Article 247 can still apply if husband
acted due to mistake of fact.
Must the court take into consideration mitigating and aggravating
circumstances?
o No, because destierro is not a punishment per se
Can a relative invoke Article 247?
o No. But he can invoke Article 11, defense of honor but the
act must be reasonable.
Does Article 247 cover sexual assault?
o No, it only mentions actual intercourse. RA 8353 did not
amend Article 247.
What if in the course of firing upon his spouse and the paramour,
the offended spouse accidentally injures a third party caught in the
crossfire. What is the crime?
o Article 365 (S/LS) physical injury through simple imprudence
o It cannot be attempted homicide because there is no intent to
kill and moreover, the accused was not committing a crime in
killing his spouse and the paramour
MURDER (248)
When is homicide qualified to murder?
o 1. Treachery, superior strength, aid of armed men, employing
means to weaken the defense
o 2. Price, reward, or promise
o 3. Inundation, fire, poison, explosion, etc., or by means of
motor vehicles
146
o 4. On occasion of a calamity
o 5. Evident premeditation
o 6. Cruelty, scoffing at the corpse
What if the killing is not homicide (ex. parricide or infanticide)?
o Then the qualifying circumstances above just become generic
aggravating circumstances
o It must be homicide
What if there is more than one qualifying circumstance for
homicide to become murder?
o It only takes one to qualify it to murder
o The other will become a generic aggravating circumstance (but
since the DP has been abolished, so the penalty will not be
affected)
May treachery apply in abberatio ictus?
o Yes, if the unintended victims were helpless to defend
themselves
What about dwelling and nocturnity?
o They are not qualifying per se, but they can be instrumental in
treachery, which can qualify
HOMICIDE (249)
What is homicide?
o Killing of any person which does not constitute parricide,
murder, or infanticide, and without justifying circumstance
What is the rule on intent to kill?
o When consummated, it is presumed and hence need not
established
o When the victim did not die, intent to kill becomes a specific
criminal intent which must be established BRD
Otherwise, just physical injuries
o When death supervenes, intent to kill is presumed from
voluntary commission of an unlawful act
Is there frustrated homicide through reckless imprudence?
o No. Homicide means there is intent. Fall back on the concept
that if there is no death, no homicide is presumed.
What is the special aggravating circumstance for those who
commit murder, homicide, SPI, or intentional mutilation and the
victim is under 12, under RA 7610?
o The punishment is RP regardless
Under VAWC, what if there is intent to kill but the victim does not
die?
o Apply RPC (its attempted or frustrated homicide/murder)
o If the person dies, its consummated murder/homicide
o But for other acts of violence that are without intent to kill,
punish under the provisions of VAWC
Under RA 8294, when does illegal possession of firearms become
aggravating?
o For murder and homicide.
Nepomuceno: included parricide in this provision,
because it also involves taking of life
147
o Whereas for rebellion/insurrection, sedition, attempted coup,
its just absorbed as an element of the crime.
o N.B. Simple illegal possession of firearms can only be
committed if no other crime is committed with such firearm. If
there is some other crime committed, the illegal possession is
absolved (ex. alarms and scandal, attempted homicide, etc.)
o What is an unlicensed firearm?
1. One without a license
2. One with expired license
3. Unauthorized use of licensed firearm in the
commission of a crime
o What about the use of unlawfully manufactured, acquired,
or possessed explosives?
If used to commit ANY of the crimes in the RPC and it
results to injury or death of any person, it is an
aggravating circumstance
Except in furtherance of political crimes, which
absorbs the use of explosives
What if a person is killed in the course of or in the occasion of
carnapping?
o It becomes qualified carnapping. Article 48 does NOT apply.
DEATH IN TUMULTUOUS AFFRAY (251) AND PHYSICAL INJURIES IN TUMULTUOUS
AFFRAY (252)
What is the nature of Articles 251-2?
o Does not define a crime. It only provides penalty.
o What is contemplated here are deaths in a tumultuous affray
where the actual killer (or inflictor of SPI) is not known. If the
person is identifiable, then these articles do not apply.
Elements of 251:
o 1. Several persons means more than 2 in each group
o 2. They are not groups that are organized for the purpose of
attacking another
o 3. Persons attack one another is a tumultuous manner
o 4. Cannot determine who killed the deceased
o 5. Person who inflicted physical injuries on the deceased can
be identified
What about 252?
o 1. Same circumstances, but nobody died; there are just SPI,
and the person who actually inflicted the SPI cannot be
ascertained
o 2. But those who inflicted violence on the person can be
determined
What if the person who committed the killing (251) or SPI (252) can
be ascertained?
o Then neither 251 nor 252 can apply.
What if one group in a concerted and planned effort attacked the
other and the latter only defended themselves?
o All of the members of the attacking group are liable for all
injuries on the basis of Art. 8 (Conspiracy) the act of one is
the act of all
148
What if the group is organized?
o Then conspiracy will apply too.
Who is the victim in 251?
o Someone meaning, it can be a participant or a mere
passerby
Who is the victim in 252?
o Must be a participant in the affray
ASSISTANCE TO SUICIDE (253)
Is suicide a crime?
o No. A person trying to commit suicide does not commit a
crime, even if he fails to kill himself.
What is contemplated in 253?
o A person has decided to commit suicide and requested
another to assist in his suicide.
o If the initiative did not come from the deceased, obviously, its
homicide or murder.
If X jumps to kill himself, lands on another, and kills that other
person, what is the crime?
o S can be liable for the death of the other person
o Others believe not liable
DISCHARGE OF FIREARMS (254)
Elements:
o 1. Offender discharges a firearm against or towards another
o 2. With no intention to kill or injure but only to scare
What if there is intent to kill?
o Then it is murder or homicide in attempted or frustrated stage
What if there is not intent to kill but the person was hit?
o Physical injuries (S, LS, or slight)
What if he fires in the air?
o Its Tumults/serious disturbances (153) or Alarms and scandals
(155)
What if the firearm is unlicensed?
o Under RA 8294, it doesnt matter because another crime is
committed (discharge of firearms)
Can discharge of firearms be complexed with S/LS Physical
injuries?
o Yes.
INFANTICIDE (255)
Elements:
149
o 1. Child is born alive
o 2. The child is already viable (capable of independent
existence)
o 3. The infant killed was less than 3 years old
Who can commit the crime?
o Anyone, even if not a relative
Who is not viable?
o Fetus with intra uterine life of 6 months or less
What if the fetus is not yet viable?
o Then it is abortion
Can treachery apply as an aggravating circumstance?
o Treachery is inherent in infanticide
o As with abuse of superior strength
What is the extenuating circumstance of concealment of dishonor?
o If committed by the mother of the child to conceal her dishonor,
her penalty is mitigated
o Also can be committed by the maternal grandparents
ABORTION (257-259)
What are different kinds of abortion?
o 1. Intentional abortion
o 2. Unintentional abortion
What are the means by which intentional abortion is done and
punished?
o 1. Violence upon person of pregnant woman (RT)
o 2. Without violence, but without consent of woman (PM)
o 3. With consent of woman (PC)
What else in included?
o Abortion practices by the pregnant woman herself or her
parents
o Abortion performed by a physician or midwife
Does the alternative-aggravating circumstance of
high degree of education apply here?
No, the education is an element of the crime
is already punished accordingly.
Can there be frustrated abortion?
o Yes, according to J. Regalado
What is unintentional abortion?
o Another person (not the woman) causes abortion by violence,
but unintentionally
o N.B. unintentional does not refer to culpa, because there has
to be prior violence committed.
o What if the violence was caused by imprudence?
150
It is not unintentional abortion
It is reckless/simple imprudence resulting to
unintentional abortion
o X stabbed and killed his wife 9 months pregnant. What is
the crime?
Parricide with unintentional abortion
When is there abortion?
o 1. Fetus is still drawing life from his mother
o 2. Fetus is not yet breathing on its own
o 3. Baby had intra-uterine life of less than 7 months and is killed
within 24 hours
Does concealment of dishonor by the mother or maternal
grandparents also apply here?
o Yes.
Contrast IA from UA:
o IA: with or without violence; UA: always with physical violence
o IA: by another person or woman herself; UA: always by
another person
o IA: offender knows of womans pregnancy; UA: he may or may
not know of the pregnancy
o IA: intent to commit abortion; UA: intended to inflict violence
but did not intend to cause abortion
DUEL (260-1)
Elements:
o 1. Previous agreement to fight
o 2. Two or more second for each combatant
o 3. Choice of arms and other terms of agreement must be
agreed upon by the seconds
N.B. seconds are those who enforce the rules of the
duel, who take their place if they cant finish, etc.
How is resulting death or injuries punished?
o Homicide or physical injuries
Who is the offender?
o 1. Person who challenges another
o 2. Person who incites another to challenge an adversary
o 3. Person who accepts challenge from an adversary to a duel
MUTILATION (262)
What is mutilation?
o Intentional chopping off of a part of the body which will not
grow again
What is controlling?
o There must be intent to mutilate. So it cannot be by culpa.
151
What if there is no direct intent to mutilate?
o Just serious physical injuries
What if there is intent to kill?
o Frustrated homicide or parricide
Can mutilation be punished under VAWC?
o No, because RA 9262 says that mutilation is punished under
the RPC, and not VAWC
When is the punishment greatest?
o When what is cut off is a body part for reproduction
SERIOUS PHYSICAL INJURIES (263) AND ADMINISTERING OF INJURIOUS
SUBSTANCES OR BEVERAGES (264)
How is SPI committed?
o 1. Wounding, beating, or assaulting another (263)
o 2. Knowingly administering injurious substances or beverages
(264a)
o 3. Taking advantage of his weakness of mind or credulity
(264b)
o What is important for all of this?
There must be no intent to kill
What is the classification of injuries and penalties based on
severity (most severe to least)?
o Par. 1:
MENTAL insane or imbecile
PHYSICAL impotent or blind
Blindness: must be complete
o Par. 2:
LOST POWER TO speak, hear, smell
LOST USE OF eye, hand, foot, arm, leg
LOST BODY PART eye, hand, foot, arm, leg
INCAPACITY TO WORK permanent, as to job
habitually engaged in
o Par. 3:
Deformity
LOST BODY PART any other part
ILLNESS OR INCAPACITY TO WORK more than
90 days
o Par. 4:
ILLNESS OR INCAPACITY TO WORK more than
30 days
What is impotence?
o Loss of power to procreate and not copulation
o N.B. if castration was done solely to deprive the victim of the
power of generation: mutilation
152
What is deformity?
o 1. Injury resulted to an ugliness upon the offended
o 2. Such ugliness would not disappear through natural healing
process
What are the qualifying circumstances affected SPI?
o 1. Victim is any of those of parricide
Except for parents, on injuries inflicted due to
excessive chastisement
o 2. Presence of any of the qualifying circumstances for murder
How does SPI relate to robbery with physical injuries?
o 1. Par. 1, if committed by reason or on occasion of robbery
(RT med RP)
o 2. Par. 2, if committed by reason or on occasion of robbery
(RT)
o 3. Par. 3-4, if committed in course of execution of robbery
(PM max RT med)
o What is in course of execution of robbery?
It means the robbery is not yet completely
accomplished when the SPI were inflicted
As opposed to par. 1-2, where it can be by reason of
or in the occasion of robbery
When does Art. 264 apply?
o When injurious substances are introduced or injected into the
body of the victim
What is important (again)?
o No intent to kill
What if the substance is poisonous?
o Murder (or attempted/frustrated)
Can this be committed by culpa?
o No. There must be intentional introduction of the substance
What if the offender is not aware that the substance is injurious?
o Serious physical injuries through reckless imprudence
What if there is intent to kill but the quantity is not enough to kill?
o SPI or LSPI
o Not an impossible crime
LESS SERIOUS PHYSICAL INJURIES (265)
When are there LSPI?
o When the incapacity of the offended party is 10-30 days, or he
requires medical attendance for the same period
What are the qualifying circumstances for LSPI?
o 1. Ignominy or to insult or offend the victim (additional fine)
o 2. Victim is offenders parent, ascendant, guardian, curator,
teacher, or persons of rank or PIA (next higher degree of
penalty)
153
o But isnt harming a PIA direct assault?
Yes. So this provision only applies if the PIA is not
performing acts in the course of his duties
Or if the offender didnt know the victim was a PIA
SLIGHT PHYSICAL INJURIES AND MALTREATMENT (266)
When is there slight PI (from highest degree to lowest)?
o 1. Incapacity of offended party is 1-9 days
o 2. Physical injuries do not prevent the victim from engaging in
habitual work and did not require medical attendance
o 3. Maltreatment by deed
X slapped Y. Y did not sustain physical injury or need medical
attendance. What is the crime?
o Slight PI
o What if the purpose is to humiliate Y?
Slander by deed
What if the injury was not serious at the onset but later on
becomes serious?
o The crime committed can change on the ultimate injury caused
o Ex. frustrated can become consummated
o Ex. SPI can become homicide
RAPE (266-A AND 266-B)
What is the nature of rape since RA 8353?
o It is a crime against persons
o Thus, it may be filed by the public prosecutor. Consent of the
offended party is no longer needed to file.
May husbands be liable for rape/sexual assault on their lawful
wives?
o Yes. While he has the right to use persuasion, he cannot use
force, violence, or intimidation.
o Wife has the right to refuse, for instance, if they are legally
separated or the husband has AIDS.
What are the two classifications under RA 8353?
o 1. Rape
o 2. Sexual assault
o What if an offender inserts his organ and then his finger in
a womans vagina?
One count of rape, and one count of sexual assault
Who may be the offender and offended in rape and sexual assault?
o Rape is always a man against a woman
What is the exception?
A woman may be guilty of rape as an
accomplice or principal by indispensable
cooperation
o Sexual assault may be committed by or against men or women
Is there frustrated rape or sexual assault?
154
o No. It is always in the attempted or consummated stage.
o It is enough that a part of the object or organ passes through
the genitals, anal orifice, or mouth to consummate the crime.
What is the instrument covered by sexual assault?
o It can be a body part or other things
What are the means by which rape is committed?
o 1. Force, threat, intimidation
o 2. Offended party is deprived of reason or unconscious
o 3. Fraudulent machination or grave abuse of authority
o 4. Under 12 years old or demented
o What is the rule when the offended party is under 12?
It is statutory rape. No need for force, threat,
intimidation, or other circumstances to exist.
What is the nature of force?
o Can be actual or constructive
o What is important is that the offender was able to achieve his
purpose
What is the nature of fear?
o It includes fear of harm or death
What is the nature of intimidation?
o It must be viewed in the eyes of the victim
o And sufficient enough to cause fear on the part of the victim
A father raped his daughter, but claimed the latter did not resist. Is
it still rape?
o Yes. Moral ascendancy and parental authority substitute for
violence.
o The same rule applies for uncles, common law husband of
mother, etc.
When is one deprived of reason?
o Intellectually weak to the extent that she is not capable of
giving consent to intercourse
o The act is done without her consent
Ex. mental retardate
o What is the extent of deprivation of reason?
Need not be complete
X injected a drug into Ys body and forced sexual intercourse upon
her. What is the crime?
o Still rape. The drug took away her ability to resist.
What is an example of fraudulent machinations and grave abuse of
authority?
o The offender succeeds by pretending to be his twin brother is a
fraudulent machination
o Grave abuse of authority is one done by an employer to an
employer, teacher to student, doctor to patient, etc.
What are the qualifying circumstances?
o 1. Use of deadly weapon or by 2 or more persons
155
What is a weapon?
Any instrument made or designed to inflict
injury or produce death
It must be used to intimidate the woman, and not just
mere possession
o 2. Victim became insane on occasion of rape
o 3. Victim is under 18 and offender is a parent, ascendant, step-
parent, guardian, relative by blood or affinity to 3
rd
degree,
common law spouse of parent of victim
o 4. Victim is under custody of police or military
o 5. In full view of the spouse, parent, children, or other relatives
up to 3
rd
degree
o 6. Victim has religious vocation or calling and it is known by the
offender prior to the rape
o 7. Victim is under 7 years old
o 8. Offender knows he has HIV, AIDS, or other STD
o 9. Committed by AFP, PNP, or other law enforcer
o 10. Victim suffered permanent physical mutilation or disability
o 11. Victim was pregnant and it is known by the offender
o 12. Victim has mental disability, emotional disorder, or physical
handicap and it is known by the offender
How many circumstances are needed to qualify rape?
o Just one.
o Are the other qualifying circumstances treated as generic
aggravating?
No.
What is the special complex crime?
o Homicide committed on occasion of rape or sexual assault
Homicide is used in its generic term
No such thing as Rape with Murder. Its always Rape
with Homicide.
o What is on the occasion?
There is logical connection between the rape and
homicide.
There is no appreciable amount of time lapsed
What is the rule on pardon?
o The valid marriage between the offender and offended party
shall extinguish the action or the penalty imposed.
o If the offender is already her husband, then subsequent
forgiveness extinguish the action or penalty.
R.A. 9262 VAWC
What are the punishable acts?
o 1. Physical harm to woman or her child
o 2. Threatening to cause such physical harm
o 3. Attempting to cause such physical harm
156
o 4. Placing woman or her child in fear of imminent physical
harm
o 5. Attempting to have the woman or her child do something
they can refuse to do, stop doing what they have the right to
do, or restrict freedom of movement. Non-exclusive list:
A. threaten to deprive custody
B. threaten to deprive financial support
C. threaten to deprive a legal right
D. preventing woman from engaging in lawful
profession
o 6. Inflicting or threatening to inflict physical harm to control
womans actions or decisions
o 7. Using force or intimidation to have the woman or child
perform non-rape sexual activity
o 8. Acts that cause emotional or psychological distress to the
woman or her child. Ex:
A. stalking
B. peering or lingering
C. entering dwelling against their will
D. destroying property or harming animals or pets
E. harassment or violence
o 9. Causing mental or emotional anguish, public ridicule, or
humiliation to the woman or her child
R.A. 9775 ANTI-CHILD PORNOGRAPHY LAW
Who is a child under RA 9775?
o 1. Below 18
o 2. Mentally incapacitated
o 3. Person of age, but depicted as a child
o 4. Computer generated child
What is child pornography?
o Representation, visual, audio, or written, of child engaged in
real or simulated explicit sexual activities.
o Explicit sexual activities are:
1. Genital-genital, genital-oral, anal-genital, whether
heterosexual or homosexual
2. Bestiality
3. Masturbation
4. S&M
5. Lascivious exhibition of genitals, buttocks, breasts,
pubic area, or anus
6. Use of object or instrument for lascivious acts
What are the unlawful or prohibited acts?
o 1. Hiring or using child in porn
o 2. Produce, direct, manufacture child porn
o 3. Sell, distribute, publish, or broadcast child porn
157
o 4. Possess such with intent to sell, distribute, publish, or
broadcast
When is there prima facie evidence of intent to do
such acts?
Possession of at least 3 copies of child porn
in the same form
o 5. Intentionally provide venue for commission of prohibited acts
(cinemas, dens, private rooms, etc.)
o 6. Distributors, theaters, telecom companies distributing child
porn
o 7. Parent or guardian knowingly permitting the child to engage
in porn
o 8. Luring or grooming a child
Luring: communicating through computer with child to
facilitate sexual activity or production of porn
Grooming: preparing child for sexual activity by
communicating child porn
o 9. Pandering child porn
Selling or distributing material causing another to
believe that the material contains child porn,
regardless of actual content
o 10. Willfully accessing child porn
o 11. Conspiracy to commit any of the prior acts
o 12. Possession of child porn
When is there a syndicate for child porn?
o At least 3 or more persons conspiring or confederating with
one another
R.A. 8049 ANTI-HAZING LAW
What is hazing?
o Placing recruit in some embarrassing or humiliating situation
such as forcing him to do menial, silly, foolish, and other similar
tasks or subjecting him to physical or psychological suffering or
injury
What are allowed initiation rites?
o Those that include no physical violence, and with prior written
notice to school authorities or head of the organization (ex.
AFP) 7 days before the initiation.
The school/organization sends a representative to the
rites
o Must not exceed 3 days.
o Notice must contain:
1. Names of all those subjected to activities
2. Time period
Who are liable?
o 1. Officers and members who actually participated in the
infliction of physical injury or death as principals
What is prima facie evidence of participation?
Merely being present there
o 2. Officers or alumni who planned the hazing although not
present as principals
158
o 2. Owner of the place where it was done, if he has actual
knowledge of what is happening as accomplice
o 3. Parents of member whose house is used, if they knew but
did not prevent such acts from happening as principals
o 4. School authorities who consented to the hazing or knew, but
did not prevent as accomplices
Which MC does RA 8049 not allow?
o Praeter intentionem
What are the qualifying circumstances?
o 1. Recruitment accompanied by force, violence, threat,
intimidation, or deceit on the recruit
o 2. Recruit consented to join but wanted to quit upon learning
about hazing, but was not allowed to quit
o 3. Recruit was prevented from reporting to parents or
authorities through force, violence, threat, intimidation
o 4. Hazing committed outside school or institution
o 5. Victim is below 12 years old
R.A. 7610 SPECIAL PROTECTION AGAINST CHILD ABUSE
What are the punishable acts of child prostitution?
o 1. Promoting, facilitating, or inducing child prostitution
When is there attempt to commit child prostitution
under this paragraph?
1. Person who is not a relative of the child is
found alone with the latter inside a room, inn,
vehicle, or secluded area under
circumstances that would lead a reasonable
person to believe the child is about to be
exploited
o 2. Those who commit sexual intercourse or lascivious conduct
with child exploited in prostitution
When is the offender charged under the RPC
instead?
When the child is under 12, which is
statutory rape
When is there attempt to commit child prostitution
under this paragraph?
Receiving services from child in massage
parlor, sauna, or health club, etc.
o 3. Deriving profit or advantage from child prostitution
What are the punishable acts of child trafficking?
o 1. Any person who engages in trading and dealing with
children, as in buying and selling children for consideration
o 2. Qualified if victim is less than 12
When is there attempted child trafficking?
o 1. Child travels alone to foreign country without valid reason,
clearance from parents or guardian, or DSWD
o 2. Person or institution recruits women or couples to bear
children to be trafficked
o 3. Doctor, midwife, nurse, or other hospital employee simulates
birth for purpose of child trafficking
159
o 4. Person engages in act of finding children among low-income
families, hospitals, clinics, etc. for purpose of child trafficking
R.A, 9344 JUVENILE JUSTICE AND WELFARE ACT
What are the prohibited acts by competent authorities?
o 1. Branding or labeling the child as young criminal, juvenile
delinquent, prostitute, or attach other derogatory names
o 2. Making discriminatory remarks as to childs class or ethnic
origin
o 3. Employment of threats of whatever kind or nature
o 4. Using abusive, coercive, and punitive measures (cursing,
beating, stripping, etc.)
o 5. Using CIDT
o 6. Compelling child to perform involuntary servitude
IX: CRIMES AGAINST PERSONAL LIBERTY AND SECURITY
KIDNAPPING AND SERIOUS ILLEGAL DETENTION (267)
What is kidnapping?
o Private individual intends to deprive the victim of his liberty and
actually deprives him of such liberty.
o Lack of consent of the victim is fundamental.
Presumed if the victim is a minor.
o What is the specific intent needed?
Specific intent is to deprive liberty
Can there be kidnapping even if the victim initially agreed to go
with the offender?
o Yes. If at the onset, the victim agreed to go with the offender,
but is thereafter prevented with use of force from leaving the
place, and there was deprivation of liberty, there is kidnapping.
Does deprivation just involve imprisonment or locking up?
o No. It can include deprivation of liberty in whatever form, and
for whatever length of time.
o No need for actual deprivation of liberty, even if free to roam
around, but cannot go home or go anywhere, there is still
deprivation of liberty
When does it become Kidnapping and Serious Illegal Detention
under Article 267?
o 1. Detention lasted more than 3 days
o 2. Offenders simulated public authority
o 3. Physical injuries were inflicted on the victim
o 4. Threats to kill the victim were made
o 5. Victim is a female, public officer, or minor (except when
accused is one of the parents)
What are the qualifying circumstances?
o 1. Ransom is demanded
o 2. Victim is killed or dies as a consequence
o 3. Victim is raped
o 4. Victim is subjected to torture or dehumanizing acts
Distinguish kidnapping from grave coercion:
o In grave coercion, a person is also prevented from leaving or
going to another place, but there is no actual confinement or
lockup of the victim.
o P v. Astorga: accused and victim where strolling in school
grounds where accused led victim to another town. The child
wanted to leave but accused did not let her, parents saw them,
not kidnapping but grave coercion
Is length of time relevant?
o Only for the first paragraph (more than 3 days). Duration or
length of time is irrelevant if any of the circumstance in par. 2
to the last paragraph of Art. 267.
If the private individual pretended to be a policeman, is it a police
crime of kidnapping with usurpation of public authority?
o No. The usurpation of public authority is a mode of committing
kidnapping (par. 2) so it is not a distinct offense.
Is there a complex crime of kidnapping with SPI?
o No. Infliction of SPI is a mode of kidnapping (par. 3).
What if the victim in kidnapping is tortured?
160
o Under RA 9745, if the victim in crimes against persons or
crimes against liberty is tortured, then the penalty imposed is
the maximum.
What if the victim is killed?
o Special complex crime of kidnapping with homicide.
o Or special complex crime of kidnapping with murder.
What if the victim is kidnapped and raped?
o If kidnapped and raped, then killed, special complex crime of
kidnapping with rape, dont appreciate the killing anymore.
o If both raped and killed, kidnapping with rape, homicide not an
aggravating circumstance but may be used as basis of civil
liability
o If there was ransom, it is kidnapping with homicide for ransom
When do such special complex crimes arise?
o When there is a logical connection or intimate relation between
the kidnapping and the rape or homicide.
o This applies even if the rape or killing is merely an
afterthought.
o What if the person dies in crossfire due to police officers
firing?
There is still kidnapping with homicide because its
only required that there is a logical connection with
the kidnapping or that arises from it
o What about torture?
Apply RA 9745 instead.
Dehumanizing acts this has been amended by RA
9745, which considers torture as distinct from
dehumanizing acts
What if two persons were killed by reason or on occasion of the
kidnapping?
o There are as many crimes as the number of persons
kidnapped.
o So in this example, there are two counts of the special complex
crime of kidnapping with homicide.
What if a component crime of the special complex crime was
merely attempted or frustrated?
o There is no special complex crime. The special complex crime
only arises when all component crimes are consummated.
o If victim subjected to attempted or frustrated homicide/murder,
this is separate from the crime of kidnapping, do not use Art.
48
X and Y kidnapped Z, took his car, and demanded ransom. When
they failed to get ransom, they killed Z. What are the crimes?
o 1) Kidnapping with homicide for ransom. 2) Carnapping
There is a special complex crime.
o The SC, however, said that the crime is kidnapping for ransom
and carnapping, with the homicide as aggravating
circumstance. The odd thing is there is no law allowing for the
homicide to be an aggravating circumstance. (P v. Muit)
What are dehumanizing acts under par. 4?
o Removing qualities of human passion, such as handcuffing,
gagging and blindfolding, forcing to dance
Must ransom be paid?
o No, mere demand for ransom is enough.
o What can ransom encompass?
Not just money but anything of value or beneficial
When is it just murder, and when is it kidnapping with homicide?
o Primary purpose of the offender is material in determining the
crime. If the primary purpose is to kill, its murder. If the
primary purpose is deprivation of liberty and the victim is killed,
kidnapping with homicide.
What about rape vis--vis kidnapping with rape?
o If the original purpose is rape, and the deprivation of liberty is
to fulfill this purpose, then rape. For kidnapping with rape, the
rape must just happen on occasion of the kidnapping.
Under PD 532, what if kidnapping is committed too?
o Qualified. Penalty is (before) death.
When will kidnapping of a person on the highway become a crime
under PD 532?
o The seizure must be directed not against a specific or
preconceived victim, but against anyone (indiscriminate).
o Must prove that the offenders are organized for the committing
of indiscriminate kidnapping.
Differentiate kidnapping from SID:
o Kidnapping denotes taking of a victim
o SID consists in mere deprivation of liberty
Can murder and kidnapping with murder arise as two separate
crimes?
o Yes. Ex. X killed son of employer then kidnapped and killed
the other child, 2 crimes: murder and kidnapping with murder,
as the killing of the first child was already consummated at the
time the second was kidnapped and killed.
SLIGHT ILLEGAL DETENTION (268)
161
Elements:
o 1. Offender is a private individual
o 2. Kidnaps or detains another or otherwise deprives him of
3liberty
o 3. Detention is illegal
o 4. None of the circumstances in Art. 267 apply
What is the penalty for anyone who furnishes the place for the
perpetration of the crime?
o Same penalty as the principal
o What about in Kidnapping/SID?
The one who furnishes the place is liable as an
accomplice.
What is the special mitigating circumstance?
o If the offender voluntarily releases the person kidnapped or
detained within 3 days from the commencement of the
detention:
1. Without having attained the purpose intended
2. Without institution of criminal proceedings yet
o It is NOT an exempting circumstance, it just reduces the
penalty
o Does this special circumstance apply to Kidnapping/SID
under Article 267?
No. Just 268.
What is one day?
o 24 hours from deprivation
Is the escape or rescue of the victim an exempting circumstance?
o No
UNLAWFUL ARREST (269)
What is the tenor of this crime?
o Arrest of another for delivery to proper authorities but without
lawful cause
o Usual cause: arrest without warrant but not under any of the
exceptions under law
o Who are the proper authorities?
Those authorized to arrest another and file the
appropriate charges
Who may commit this crime?
o 1. Private individuals
o 2. Public officers (as long as the purpose is to bring the person
to proper authorities to file charges)
Compare to arbitrary detention (Art. 124):
o In arbitrary detention, the public officer had no intention to
bring the offended to the proper authorities but merely to detain
the victim
What if the officer plants evidence against the victim in order to
arrest him?
o It is arbitrary detention through incriminating innocent persons
under Article 363.
KIDNAPPING AND FAILURE TO RETURN A MINOR (270)
Elements:
o 1. Person is entrusted with the custody of a minor person
o 2. He/she deliberately fails to restore the latter to his parents or
guardians
Does this amend Article 267?
o No. The intent in the two crimes are different.
What is the essential element here?
o The deliberate failure or refusal to restore minor to parent or
guardian as the controlling intent
o What must be the nature of this intent?
Premeditated, intentional, malicious
Can this crime be committed by any of the parents?
o Yes. In fact, this reduces the crime (special circumstance in
Article 271 but applicable here)
INDUCING A MINOR TO ABANDON HIS HOME (271)
What is the tenor of this crime?
o Inducing a minor to abandon the home of his parents or
guardians or persons entrusted with his custody
Relate this with the crime of kidnapping and SID:
o Kidnapping and SID cannot be committed by the parents of the
minor (paragraph 4 of Art. 267 says except when the accused
is any of the parents)
o So if the parent was the one who kidnapped the child, it
would be under 271 instead.
o What if the parent kidnaps his adult child?
Then Kidnapping/SID 267 can apply because the law
only excludes parents if the child-victim is a minor
162
ABANDONMENT OF PERSONS IN DANGER (275)
What are the different kinds of abandonment?
o 1. Failure to render assistance to a wounded/dying person
found in an uninhabited place
o 2. Abandonment of ones own victim in an accident
o 3. Failure to render assistance to an abandoned child below 7
years old
What if the child is over 7? Then the liability is
under RA 7610.
TRESPASS TO DWELLING (280) AND OTHER FORMS OF TRESPASS (281)
What are the two types of trespass to dwelling under 280?
o 1. Entering the dwelling of another against the latters will
o 2. Entering the dwelling of another against the latters will
through means of violence or intimidation
What are the other forms of trespass under 281?
o Person enters the closed premises or fenced estate of another
while it is uninhabited
As long as the prohibition to enter is manifest
And there is no permission secured from the owner or
caretaker
What if person enters the dwelling of another to commit a crime
and commits such crime?
o Dwelling is an aggravating circumstance and loses juridical
personality as a separate crime
When will there be two crimes?
o If the accused enters the house not to commit a crime, but
once he enters, he commits a crime.
o Two crimes: trespass to dwelling and the other crime
committed.
Must refusal of consent be express?
o No. It may be implied.
What if the occupant is a mere tenant or lessee?
o It is still trespass.
When is there no trespass committed?
o 1. Purpose of entry is to prevent some serious harm to the
person entering, occupants, or third persons
o 2. Purpose is to render some aid to humanity or justice
o 3. Places entered are cafes, taverns, inns, and other public
houses while open
What if these cafes, taverns, etc. are closed?
Then there is trespass to dwelling
What if the place is a disco, restaurant, etc?
They can still be the object of trespass but it
becomes trespass to property because these
are not dwelling
What are the other similar crimes?
o 1. Violation of dwelling (128)
o 2. Unjust vexation or light coercion (287)
o 3. Theft
If entry is to fish, harvest, gather, etc.
o 4. Vagrancy
If the property is not fenced and there is no prohibition
of entry
Who should give permission to enter the dwelling?
o Person of sufficient discretion.
GRAVE THREATS (282), LIGHT THREATS (283), AND OTHER LIGHT THREATS
(285)
What is a grave threat?
o Those made with deliberate purpose of creating in the mind of
the victim a belief that the threat will be carried out
o What is the nature of the threat?
Infliction upon the person, honor, or property of a
person or his family of any wrong amounting to a
crime
o Must there be a demand for money or any other
condition?
There may or there may not be
What is a light threat?
o Threat to commit a wrong not constituting a crime, with a
condition imposed
What are other light threats?
o 1. Threaten another with a weapon or draw the weapon in a
quarrel, unless in lawful self-defense
o 2. In the heat of anger, orally threaten another with some harm
not constituting a crime, and it shows that he did not persist in
the idea (N.B. the code says not constituting but that wouldnt
163
make sense, because par. 3 covers that. So its supposed to
constituting a crime)
o 3. Any person who orally threatens to do any harm not
constituting a felony
Distinguish among the 3 kinds of threat:
o 1. Between grave threat and light threat
Grave : the wrong threatened amounts to a crime,
which may or may not be accompanied by any
condition
Light : the wrong threatened DOES NOT amount to a
crime, but there is ALWAYS a condition
o 2. Between light threat and other light threats
Light : the wrong threatened does not amount to a
crime but there is always a condition
Other light threat : wrong threatened does not amount
to a crime and there is no demand for money or other
conditions
o 3. Intent to pursue the threat
Grave threat : harm or wrong is in the nature of a
crime (kill the person, burn his house, etc.) and there
are indications that he persists in that purpose
Other light threat : threats made in the heat of anger
and subsequent events show that he does not intend
to pursue the threat and commit the crime
Can intimidation be committed by an intermediary?
o Yes
What if the threats are part of the element of intimidation/violence
in the commission of another crime, what happens?
o The threats are absorbed.
o Ex. threatening to kill unless she gave in to sexual advances of
accused, the crime is rape
What is the exception if the grave threats constitute force or
intimidation to vacate property?
o Not grave threats but usurpation of real property or real rights
over property
Distinguish from robbery/extortion:
o 1. Grave threats depend upon moral pressure.
o 2. If crime consists of securing on the spot the property of the
victim, it is robbery through extortion
How may multiple counts of grave threats be committed?
o There are as many counts of grave threats as the number of
people threatened
What is a bond for good behavior?
o For grave threat and light threat (not other light threats), the
court may require the offender to give bond not to molest the
person threatened
o If he fails to do so, he shall be sentenced to destierro
Is a threat to sue in court unlawful?
o No. The threat must constitute a wrong and suing in court is
not a wrong.
GRAVE COERCION (286)
What is grave coercion?
o Person, without authority of law, by means of violence, threats,
or intimidation:
1. Prevents another form doing something not
prohibited by law (preventive coercion) OR
2. Compel him to do something against his will,
whether right or wrong (compulsive coercion)
o When is grave coercion aggravated?
1. Coercion in violation of right of suffrage
2. To compel another to perform or not perform any
religious right
Elements:
o 1. Person is prevented by another from doing something not
prohibited by law or compelled to do something against his will,
whether right or wrong
o 2. Prevention or compulsion is effected by violence either by
material force or serious intimidation that can control the will of
another
o 3. Person who restrains the will/liberty of another has no right
to do so
164
What if the subject of preventive coercion is an act prohibited by
law?
o There is no grave coercion, but some other crime: e.g. physical
injuries (if applicable), unjust vexation (if no injury)
Distinguish between grave coercion and SID/K?
o Grave coercion there is no intent to deprive another of his
liberty
o SID while there is also intimidation, there is deprivation of
liberty
What if the coercion is to prevent people from seeking grievance
or peaceably assembling?
o Violation of Article 131 (disturbance or prevention of peaceful
meeting)
What if the threat is against the owner of a property intending to
take his property from him?
o Violation of Article 312 (usurpation of real property or real
rights over property)
May be liable for grave threats or homicide (if the
person is killed), as the case may be.
But it may be absorbed by the violence provision in
Art. 312
What if there is lewd design?
o Forcible abduction will result, not grave coercion, if there is
lewd design.
Distinguish between threat and coercion:
o Threat :
1. Threatened harm/wrong is future and conditional
2. May be done through intermediary or in writing
3. By means of intimidation which is future and
conditional
o Coercion:
1. Threatened harm/wrong is immediate, personal,
and direct
2. Cannot be done through intermediary or in writing
3. Committed by violence, although it may be brought
about by intimidation if serious enough, direct,
immediate, and person (such as intimidation with a
firearm)
Illustrate the distinction:
o Threat: if you are still here when I come back, I will kill you.
(future and conditional)
o Coercion: if you do not get out, I will kill you. (immediate,
direct, and personal)
LIGHT COERCIONS/UNJUST VEXATION (287)
What are light coercions?
o Person, by means of violence, seizes anything belonging to his
debtor to apply for payment of the latters debt
What is unjust vexation?
o Crime of other light coercion and unjust vexation includes
human conduct while not leading to physical harm or without
use of force or intimidation.
165
o TEST : Annoyance, irritation, disturbance to victim
o What if there is a crime against property?
There is malicious mischief, not unjust vexation.
Unjust vexation requires crime against personal
security.
How can this crime be committed?
o Crime of dolo only
Distinguish unjust vexation and attempted rape:
o Determine if the act was done in pursuit of rape or merely to
distress/annoy.
o Ex. in Baleros v. P, X covered Ms face with a piece of cloth
soaked in chemical. There was no proof however that it was in
pursuit of rape. He was charged with attempted rape, but was
only convicted for unjust vexation.
o What is the determining factor?
The persons intent
DISCOVERY AND REVELATION OF SECRETS (290-2)
What are the punished acts?
o 1. Private individual, to discover the secrets of another, seizes
his papers or letters and reveals the contents (290)
Lower penalty if there is no revelation
NOT applicable to parents, guardians, persons
entrusted with custody of minors with respect to the
papers or letters of the children
o 2. Manager or employee learns secrets of principal and reveals
them (291)
o 3. Person who reveals trade secrets to the prejudice of the
owner (292)
Includes information not patented but known only to a
few individuals
R.A. 4200 ANTI-WIRETAPPING ACT
What kind of communication is covered by RA 4200?
o Only private communication is expressly prohibited to be
recorded secretly by any person including one party to that
conversation
o So public conversations or statements are not covered
When is recording allowed?
o When there is consent by all those involved in the conversation
Does the law cover tape recorders or phone extensions?
o Tape recorders are included, phone extension lines are not
RA 9208 ANTI-TRAFFICKING OF PERSONS ACT
What are the punishable acts?
o 1. Recruit, provide, or receive persons for the purpose of
prostitution, porn, sexual exploitation, involuntary servitude,
forced labor, slavery, debt bondage
Including those in the pretense of overseas
employment
o 2. Introduce or match for money a Filipina woman with a
foreign national for marriage or for the purposes above
166
o 3. Offer or contract marriage, real or simulated, for the
purposes above
o 4. Undertake or organize tours and travel plans with tourism
packages or activities pursuant to the above activities
o 5. Maintain or hire a person for prostitution or pornography
o 6. Adopt or facilitate the adoption of person for above-
mentioned purposes
o 7. Recruit, hire, transport, abduct person for organ-harvesting
o 8. Recruit, transport, or adopt a child for armed activities here
or abroad
What are the acts that promote trafficking of persons?
o 1. Knowingly lease or sublease property to promote trafficking
o 2. Produce or issue fake government compliance materials to
facilitate trafficking (ex. registration stickers, pre-departure
requirements, etc.)
o 3. Advertising or promoting trafficking
o 4. Assist in misrepresentation or fraud to facilitate acquisition of
clearances and exit documents from government
o 5. Facilitate, assist, or help in entry/exit of persons using fake
documents in airports, seaports, or boundaries
o 6. Confiscate, conceal, or destroy travel documents of those
trafficked to prevent them from leaving the country or seeking
redress
o 7. Knowingly benefit from use of a person in involuntary
servitude, slavery, or debt bondage
What are acts that qualify trafficking?
o 1. Trafficked person is a child
o 2. Adoption is effected through Inter Country Adoption Act of
1995 and the purposes are any of the above prohibited
activities
o 3. Crime is by a syndicate or in large scale
Syndicate: 3 or more persons conspiring
Large scale: against 3 or more persons individually or
as a group
o 4. Offender is ascendant, parent, sibling, guardian, or person
with authority of the victim, or public officer/employee
o 5. Offender is law enforcement agent or military personnel
o 6. Offended party dies, becomes insane, acquires HIV/AIDS
X: CRIMES AGAINST PROPERTY
ROBBERY IN GENERAL (293)
Elements:
o 1. Personal property of another
o 2. Unlawful taking
o 3. Intent to gain
o 4. Violation or intimidation against persons OR force upon
things
Is there frustrated robbery?
o No more frustrated robbery, just attempted or consummated
167
o Taking need not be permanent; Even brief possession already
consummates the crime
What must concur:
o 1. Taking (physical act)
o 2. AND intent to gain (mental act)
What is taking?
o Taking of personal property out of possession of another
without privity or consent and without animus revertendi (intent
to return)
How can intent to gain be established?
o Intent to gain can be established through overt acts of offender
before or after the taking of personal property. Intent to gain
presumed from taking another persons property without
consent. Intent to gain cannot be presumed only if there is
evidence to the contrary.
o Not necessary that the offender ACTUALLY gains, because
intent to gain is enough.
What is gain?
o Not limited to just pecuniary benefit, but also utility,
satisfaction, enjoyment, and pleasure
o Ex. Gasoline boy took a parked car and went on a joy ride. He
claimed that he did not intend to take it. But here, there was
gain because there was enjoyment, utility, satisfaction, and
pleasure.
o Even mere use of property taken is already gain under the
law.
o Gain rebutted by evidence that he took property because he
claims to be the owner of the property. The person is exempt
from theft or robbery, even if it turned out not to be his. If the
claim is made in BF, then it is theft or robbery.
At best, it is just coercion.
What does property cover?
o Includes any property NOT included in the enumeration of real
properties
o And capable of appropriation
o N.B. Includes electricity, phone services, and the like
o Can contraband property (ex. Drugs) be subject to
theft/robbery?
Yes.
When is it robbery or theft?
o The crime is robbery, not theft, if there are acts of violence, or
intimidation before asportation, to enable the person to take
the property.
o If violence or intimidation was done after possession was
taken, he is only liable for theft, grave coercion, or physical
injuries as the case may be.
Exception : Robbery with homicide, and robbery with
rape
What is Intimidation?
o Unlawful coercion, duress, putting owner/possessor in fear
o Attempt to take property of another with threats of bodily harm
168
o No requirement of material violence it is NOT indispensable
for there to be intimidation
Is it possible that one is guilty BRD of theft/robbery even if the
thing stolen is not offered in evidence?
o Yes, because the person may have destroyed the property,
thrown it away, etc.
o As long as the corpus delicti is proved, the unlawful taking of
personal property, there can be proof BRD.
Is snatching theft or robbery?
o Depends. If the victim is not subject to violation or intimidation,
it is just theft. If the owner is wounded through violence or
there is intimidation, it is robbery.
What is the presumption of robbery/theft?
o One in possession of recently stolen property is presumed to
be the author of the crime of theft/robbery.
How recent is recent case-to-case.
o Possession may be actual or constructive. The property may
be in the actual physical control of the offender or in the
possession of another, but under the control of the offender.
Ex. I stole something but pinatago ko sa kaibigan ko
o Accused must not be able to explain his possess satisfactorily.
When is the presumption conclusive?
o If the accused fails to explain any innocent origin of his
possession, and the possession is fairly recent, and it is
exclusive.
ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION AGAINST PERSONS (294)
What are the crimes penalized under 294?
o 1. Robbery with homicide
o 2. Robbery with rape, intentional mutilation, arson, or personal
injuries in subdivision 1 of 263
o 3. Robbery with physical injuries in subdivision 2 of 263
o 4. Robbery with physical injuries in subdivision 4 of 263
o 5. Simple robbery
N.B. The first four are special complex crimes; the fifth is not. Art. 48
will not apply for crimes here in Art. 294
What is the rule in order?
o The above order must be observed. Thus if there is both
homicide and rape, the crime is robbery with homicide. There
is no Robbery with homicide and rape.
o Is the extra rape aggravating?
The rape is NOT aggravating because its not under
Art. 14.
What if the physical injuries are merely LSPI or slight PI?
o Its just simple robbery under par. 5.
Can there be robbery with homicide through reckless imprudence?
o No.
When will the special complex crimes arise?
o If the other crime must be consummated.
169
May Art. 48 apply if the constituent elements are not
consummated?
o Yes. If one crime is done to commit another, or a single act
resulting into two or more grave or less grave offenses, and
one constituent crime is not consummated.
o Otherwise, if both consummated, then its a special complex
crime.
What does homicide cover?
o Homicide is used in its generic term. There is no robbery
with infanticide, parricide, murder, etc. There is no robbery
with multiple counts of homicide.
o DO NOT use the 2
nd
or 3
rd
killing as aggravating. Its just
robbery or homicide.
o Is there robbery with homicide and frustrated homicide?
No. The frustrated homicide is absorbed by the
robbery with homicide.
What do you mean by reason of the crime of robbery?
o The homicide/other constituent crime was not committed in the
course of robbery, or shortly thereafter, but there is a LEGAL
connection, intimate relation in the commission of robbery
Ex. Killing the victim to prevent the person from
reporting to the authorities
Ex. Killed noisy neighbor who shouted
magnanakaw!
o It doesnt matter if it happens before, during, or after
o P v. Mangulabnan Person was robbing a house. He heard
rumbling noises in the attic and shot a gun at the ceiling, and
even without intent to kill, he accidentally killed a hiding
person. HELD: Robbery with homicide. (Not robbery with
homicide through reckless imprudence even if it is by mere
accident, it is robbery with homicide)
o What if the person killed is one of the robbers himself?
Doesnt matter. Its still robbery with homicide.
Even if the guy who shot a robber is also a fellow
robber.
Is there robbery with homicide AND rape?
o No. As long as there is homicide, it is ALWAYS just robbery
with homicide.
o But the rape still has corresponding civil liabilities.
o If a house is burnt to kill another, it is robbery is homicide, not
robbery with arson or robbery with homicide and arson
What if there are multiple people killed or raped?
o Irrespective of number of people killed or rape, it is just robbery
with homicide or robbery with rape.
When do two crimes arise?
o If the original intent is to kill or to rape, but as an afterthought,
he stole from the person he killed or raped, then there are
TWO CRIMES.
o Separate crimes of homicide and robbery
o Separate crimes of rape and robbery
Can there be robbery with homicide, if aside from intent to gain,
there is another motive (ex. He wanted to kill the guy)?
170
o Yes. As long as there is intent to rob, even if there are other
motives, it is robbery with homicide.
P v. De Jesus: A group of robbers were robbing in Makati. One of the
robbers was shot. There was a chase all the way to Laguna, where a
shoot out happened. Another robber got shot by the police.
o HELD: Robbery with homicide. EVEN IF the shoot out
happened in some other place, it was intimately connected to
the robbery. Also, it does not matter that it was a robber that
got killed.
If a homicide is committed by one robber, ALL of them are liable for
robbery with homicide. (One merges his will into the common intent.)
o EXCEPT: when one of the robbers overtly attempts to prevent
the homicide. He is just liable for robbery, even if he is
unsuccessful.
o What is the liability of the look-out?
Even a look-out is a PDP, because the conspirators
are given specific tasks to further the crime.
Is there a special complex crime of theft with homicide?
o No.
Robbery with homicide does it absorb physical injuries?
o Yes. Again, follow the order provided.
May there be a crime of robbery with force upon things with
robbery with rape or robbery with homicide?
o No. Robbery with force upon things cannot be complexed with
robbery with rape (or homicide).
When is there robbery with rape?
o When the robbery is accompanied by rape, AS LONG AS THE
ORIGINAL intent is to rob.
o This applies even if the rape was committed even before
asportation. The intention to rob must precede the rape, even
if the actual robbery comes after.
o Thus, if the accused raped the victim and just he took the
jewelry as a memento, there are two crimes of robbery and
rape the original intention in this case is not to rob.
What if there are multiple rapes?
o Even if there are multiple rapes, it is just robbery with rape.
o What if each of the accused raped the victim?
Even if each of the accused raped the victim, there is
only one crime of robbery with rape.
o Accused robbed the victim, raped her twice, and then he
inserted his finger in the vagina of the woman. What was
the crime?
HELD: Robbery with rape. The second rape and
insertion of the finger are absorbed. Even the
insertion of a finger was absorbed!
o Three robbers took victim of robbery in a taxi and went to
Quiapo. One robber made the other two go down, and
then he took the woman to a motel. What was the crime?
HELD: All of them were guilty of robbery. The other
one is also liable for rape, separately. If the place of
the rape is far from the situs of the robbery, there are
TWO crimes, but not robbery with rape.
When is there Robbery with arson?
o Arson must be contemporaneous to robbery.
171
o When is there robbery with arson?
There must be violence and intimidation upon
persons first and thereafter, the premises are burned
and there is NO killing, rape, or mutilation.
Why not force upon things?
This will give rise to two crimes: robbery and
arson. This is because the arson is deemed
a cover-up of the robbery. It is not complex
because neither is a means to commit the
other (because both are Crimes against
Property).
When is dwelling aggravating and when is it absorbed?
o It is aggravating in robbery with homicide
o Inherent in robbery with force upon things and the place
broken into is the dwelling
X raped Y, killed her, and robbed the place. Crime?
o 1) Rape with homicide and 2) robbery
X raped Y, killed her, and took things from her person. Crime?
o 1) Rape with homicide and 2) theft
X robbed Y, raped her, and then killed her. Crime?
o Robbery with homicide
X raped Y, robber her, and then killed her. Crime?
o Robbery with homicide
ROBBERY WITH PHYSICAL INJURIES THAT ARE COMMITTED IN AN UNINHABITED
PLACE AND BY A BAND, OR WITH THE USE OF FIREARM ON A STREET, ROAD, OR
ALLEY (295-6)
What are the special aggravating circumstances here?
o 1. In an uninhabited place
o 2. By a band
o 3. Attacking a moving train, car, airship, or entering passenger
compartments in a train
To what kinds of robbery does this provision apply to?
o Robbery with Physical Injuries
What is the nature of band here?
o Band here is in the nature of a SPECIAL aggravating
circumstance and cannot be offset by a generic MC.
o Note that Articles 295-6 only apply to Robbery with Physical
injuries. BUT for robbery with homicide/rape/intentional
mutilation/arson band is ONLY just a generic aggravating
circumstance
Art. 296 provides that if any of the firearms used is unlicensed, the
penalty is the maximum period. Was this amended by RA 8294?
o Yes. Art. 296 has been amended by RA 8294. Here, the
unlicensed firearm will not increase the penalty to its maximum
period anymore.
o Art. 296 Firearm here can be licensed or unlicensed.
o Arms can includes bolos and clubs.
If one is a member of a band, may he be not liable for crime of
robbery, if he tries to prevent it?
172
o Yes. Even if he is a member of a band, if he prevents the
robbery or tries to, he is not liable.
PD 532 Highway robbery or brigandage
o There must be evidence of indiscriminate commission of the
crime of robbery for PD 532 to apply
ATTEMPTED AND FRUSTRATED ROBBERY (297)
Has this provision been nullified by P v. Valenzuela?
o Yes. It is rendered nugatory as far as FRUSTRATED robbery
is concerned.
o Ex. Offender entered the property but he did not find any
property there. It is NOT frustrated robbery but attempted
robbery
N.B. Homicide in 297 is used in its generic term. The homicide must be
consummated.
If the crime of homicide was committed with treachery, can
treachery be used as a generic aggravating circumstance?
o Yes. In other situations, if there is treachery, it becomes
murder. But there is no such thing as robbery with murder. So
it is robbery with homicide, with the generic aggravating
circumstance of treachery. (P v. Escote)
What if the robbery is merely attempted but there was
consummated homicide, what is the charge?
o Separate crimes of attempted robbery and homicide.
EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR INTIMIDATION (298)
What is the crime here?
o Person who with intent to defraud another, by means of
violence or intimidation, compels him to sign, execute, or
deliver any public instrument or document.
o The crime is still robbery.
What kind of document is referred to in 298?
o Public instrument or documents only. It does not include
private documents.
If it is a void document, will that be robbery under 298?
o No. It is grave coercion. Robbery presupposes damage
caused to the victim, but since the document is void, this
means he does not lose anything.
The offender compels by violence or intimidation the victim to
execute a document but he died due to heart attack. What is the
crime, 298 or 294?
o 298, but even so, the penalty is still governed by 294 par. 1, as
provided in the last sentence.
ROBBERY IN AN INHABITED HOUSE, PUBLIC EDIFICE, OR DEDICATED TO
RELIGIOUS WORSHIP (299)
What are the situations where there is robbery with force upon
things, under this provision?
o 1. Entering the premises using:
A. Constructive force:
Entering through opening not meant for
ingress or egress
Using picklocks or similar tools
Simulating public authority or false name
173
B. Actual force
o 2. Entering without force but while inside, broke walls, doors,
receptacles to extract personal property
Is constructive forced allowed here?
No. It must be actual force.
o 3. Brought out of the premises locked or sealed receptacles for
the purpose of breaking them outside
What if none of these apply?
o Its just theft.
What properties must be robbed here?
o 1. Inhabited house
o 2. Public building
o 3. Edifice for public worship
There is a provision here about use of fictitious name to rob. How
does this differ from Article 178, where there is also use of
fictitious name?
o Here such use is to enter the house, with intent to rob. In 178,
to conceal crime, etc.
o Do you apply Article 48?
No, because use of fake name is an element of the
crime. Same as with simulation of public authority.
ROBBERY OF AN UNINHABITED PLACE (302)
What is an uninhabited place?
o Synonymous to an uninhabited house
If committed by a band, what is the effect to the robbery to an
uninhabited palce?
o Maximum penalty this is provided by Article 300.
What is Robbery in Article 303?
o Robbery of cereals, fruits, firewood in an uninhabited place or
building. The penalty here is lower.
POSSESSION OF PICKLOCKS OR SIMILAR TOOLS (304-5)
What are the crimes here?
o 1. One who without lawful cause possesses picklocks or
similar tools specially adopted to commit robbery
o 2. Maker of such tools; higher penalty for locksmiths
What if robbery is actually committed?
o The possession of picklocks is absorbed
What are false keys?
o 1. Picklocks
o 2. Genuine keys stolen from the owner
o 3. Any keys other than those intended by the owner
BRIGANDAGE (306-7)
Were article 306 and 307 of the RPC amended by PD 532 (Anti
piracy and anti highway robbery law)?
o No, it did not. The crime in PD 532 is a separate crime from
Arts. 306 and 307.
174
o Art. 306
1. there must be three or more armed robbers here
2. mere conspiracy to form a band of brigands is
already a crime
3. particular robbery against particular victim
o PD 532
1. even just one person can commit the crime
2. the act must be committed by the person
3. There must be indiscriminate highway robbery, and
must be organized to do so;
What is the difference in the liability of those who profit from the
loot or abet brigandage?
o Under Art. 307
1. They are liable under aiding and abetting a band
of brigands
2. Fencing
o Under PD 532
Accomplice under Sec. 4 of the law
What is the main distinction?
o Article 306 mainly punishes the mere formation of a band of
more than 3 armed persons whose purpose is to commit
highway robbery.
o What if the illegal act is actually carried out?
Then the illegal act itself is the crime (ex. murder) and
the fact of being a band is just an aggravating
circumstance
THEFT (308)
May a crime be theft even if there is violence used to take away
personal property of a victim?
o Generally, no. There must be no violence or intimidation or
force upon things.
o Exception:
When the violence committed was not for the purpose
of taking the theft.
Ex. When a person was killed first, then as an
afterthought, the criminal took the property. Since the
property by operation of law goes to the heirs, there
was still taking without consent even if the original
owner is dead. There are two crimes here: homicide
and theft
How many modes to commit theft?
o 1. Taking another persons property without his consent
o 2. Offender finds lost property and he does not return it to the
owner or the authorities
Who are the authorities?
Local authorities
Can this be committed by culpa?
No. There must be DELIBERATE refusal to
return or deliver to authorities.
175
o 3. A person who maliciously damaged property of another,
shall remove or make use of fruits or object of the damage
caused by him
o 4. Enter enclosed property where trespass is prohibited, then
hunt, fish, or gather crops
May stolen property be the subject of theft? (Nanakaw na nga,
ninakaw pa ulit)
o Yes. The law does not distinguish.
How do you establish intent to gain?
o Acts preceding, contemporaneous, or subsequent to taking.
o Can there be intent to gain if the purpose is to conceal a
crime?
Yes. Benefit is not always material, it can be any kind
of benefit to amount to gain.
Is there presumption of theft?
o Yes, when a personal is found in possession of recently stolen
property and he cannot explain how he came into possession
of such. Then it will become conclusive.
o How recent is recent?
Case by case.
If a person is given property for a particular purpose and that
person took or misappropriated the property, would it be estafa or
theft?
o Theft; when only physical possession is given but juridical
possession is kept by the transferor. What is given here is just
DE FACTO possession, not juridical.
o But if juridical possession is given to the transferee, it is estafa.
A bank teller, after receiving deposit, instead of giving it to the
bank takes the money. What is committed?
o Theft, not estafa.
o The bank teller is a mere employee of the bank. As an
employee of the bank, she only get de facto possession of the
deposit. So it is theft.
Can there be theft of services?
o Yes. Under Code of Commerce, services are personal
property.
Can gas or electricity be stolen?
o Yes, using jumpers. So even intangible property can be
subject to taking.
RA 7832 also punishes theft of electrical property. So which is
applicable, 308 or RA 7832?
o Either under Art. 308 or RA 7832.
Can commercial documents, PNs, etc., be subject to theft?
o Yes, these have value.
In a case, the sheriff stole evidence stored in the vault of the court
(ex. Gun, money, whatever), when the clerk of court mistakenly left
the vault open. What crime was committed?
o Sheriff: theft
o Clerk of court: Malversation by culpa, since he has custody of
documents
176
I own a car. I delivered it to the repair shop. I left it, and the owner
of the shop sold my car. What crime was committed, theft or
estafa?
o Theft. To determine between theft and estafa, ask: was the
possession de facto or juridical? Here, it was merely de
facto/material possession.
o But doesnt the repair shop acquire a lien over the
property, under Sec Trans, where he can sell it if he is not
paid?
It does not apply here, because he hasnt even tried
repairing the car.
o The SC had a decision saying this is estafa (Laura Santos
case). But J. Callejo does not agree with this.
o When this case was decided, there was no carnapping law
yet. Should it apply now?
Yes.
What do you mean by lost in Par. 1 of Article 308?
o The property must have an owner and is not yet res nullius.
If property is stolen and the thiefs identity cannot be deciphered,
can you consider the property lost?
o Yes.
Can loss stem from ones own faults?
o Yes.
I saw property and did not know who owns it. I gave it to the
police and he stole the property. What is the crime of the cop?
o P v. Avila Said this is theft.
o But isnt he an accountable officer under Art. 217?
It can be argued that it is in custodia legis and he is
an accountable officer, and it can be
MALVERSATION.
Is a person who profits from the theft a principal or accessory?
o Principal under the Anti-fencing law
o Accessory under the RPC
QUALIFIED THEFT (310)
What are the grounds to qualify?
o 1. Those personal to the offender:
A. Grave abuse of confidence
B. By a domestic servant
o 2. Referring to the object taken
A. Coconut taken from plantation whether from the
tree or on the ground
B. Fish taken from the pond (if out of the pond, simple
theft)
C. Motor vehicle now under Anti-carnapping law
which is malum prohibitum
D. Large catle now under Anti-Cattle Rustling law,
which is still malum in se even if SPL
E. Mail matter must be with intent to gain
Viz. other crimes like estafa or revelation and
discovery of secrets
177
o 3. Circumstances during taking such as calamity and
misfortune
Was this amended by PD 533, the anti cattle rustling law and RA
6539, the anti-carnapping law?
o No; these are SPL, according to the SC
What is grave abuse of confidence?
o It must be a special relation of intimacy.
o Ex. Branch manager stole the jewelry under his custody.
If there is conspiracy, but one is trusted and the other is not, what
is the crime?
o Two crimes: qualified theft for the former, simple theft for the
latter
How about a commission salesman of a corporation?
o Just simple theft, because there is no evidence except that he
was a commission salesman that the employer reposed
confidence on him
What does mail matter include?
o Any matter that is deposited with the Phil. Postal Corporation
which are delivered through postal service. Includes mail
matters, parcels, money orders, printed materials, etc.
o Regardless if it is a postal corporation or a private corporation.
What matters is that it is MAIL MATTER
R.A. 6539 ANTI-CARNAPPING LAW
Taking with intent to gain a motor vehicle:
o 1. Without latters consent
o 2. Or force upon things
o 3. Or violence/intimidation upon persons
How does it differ from theft/robbery?
o It addresses theft of motor vehicles belonging to another
o It deals EXCLUSIVELY with motor vehicles
o Without this law, the taking of motor vehicle is theft/robbery as
the case may be.
What is a motor vehicle?
o Any vehicle propelled by power other than muscular power
using public highways
So a motorcycle is included. A bicycle is not. A
tricycle is included. A pedicab is not.
o Does not include:
1. Utility vehicles if not used on public highways
2. Those than run only on rails or tracks
3. Those used exclusively for agricultural purposes
o What about trailers?
Classified as a separate motor vehicle, regardless of
number of wheels and whether propelled or attached
to another vehicle
o What is the crime for these other vehicles?
They are subject to theft/robbery
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There are two kinds penalties provided, following RPC
nomenclature and not:
o RP to death if there is homicide, rape, etc.
Special complex crime of carnapping with homicide,
carnapping with rape, carnapping with murder
o 17 years and 4 months to not more than 30 years if with
violence, intimidation, or force upon things
Qualified carnapping
o 14 years and 8 months to not more than 17 years and 4
months if committed without violence, intimidation, or force
upon things
Simple carnapping
May there be qualified carnapping?
o If there is no person killed or raped, and there is only PI or
attempted/frustrated homicide or murder or rape the crime is
QUALIFIED carnapping
o There is special complex crime of carnapping with homicide
or rape or murder. It is a single and indivisible offense. Here,
the owner, driver, or occupant of the car is killed or raped.
o If committed on the course of the commission of
carnapping or on occasion thereof: even if the principal
crime here is an SPL crime
If the person killed is anyone other than the owner,
driver, or occupant of the car, then it is a separate
crime. (Ex. Bystander)
For this to committed, the homicide, murder, or rape
must be CONSUMMATED.
If the homicide or murder is merely attempted or
frustrated, then the crime is qualified carnapping.
o DO NOT apply Article 48 of the RPC.
Someone committed qualified carnapping (14 y 7 17 y 4 penalty)
and then sold the car to another person. Is he an accessory under
Art 19 of the RPC?
o NO. The nomenclature does not follow the RPC.
o But he can be a principal for FENCING.
Xs initial intent is to kill the driver. However, he stole the car as an
afterthought. What is the crime?
o Two crimes: 1) Homicide, 2) Carnapping
X rented a car, so the initial possession is lawful. But he killed the
driver and took it for his own. What is the crime?
o Carnapping with homicide. Even if the driver was not the
owner, it is still carnapping because there was no consent by
the owner.
X was hired as taxi driver to drive the car for a fixed period of time.
He did not return it after. The taxi was found abandoned in a place.
What is the crime?
o Carnapping. After the initial lawful possession, it transformed
to unlawful possession.
o Doesnt the abandonment exculpate X?
No. The crime was consummated even if the
carnappers abandoned the car after.
X stole a truck and the personal effects contained therein. What is
the crime?
179
o Two crimes:
1) Carnapping as to the truck
2) Theft as to the personal effects
o The SC was wrong here, because it said qualified theft.
ANTI-FENCING LAW (PD 1612)
What is fencing?
o Act of any person who with intent to gain for himself or for
another, shall buy, receive, possess, keep, acquire, conceal,
sell, or dispose of, buy and sell, or in any manner deal with an
article, object, item, or anything of value which he knows or
should be known to him to have been derived from proceeds or
robbery or theft
Who is a fence?
o Fence is person, corporation, or association, or partnership
that commits the act of fencing
o If corporation, association, or partnership president,
manager, owner or responsible officer
Who are punished?
o Those who buy, keep, conceal, or sell the stolen goods
What is the requirement for those who do buy-and-sell?
o Need a permit or else, liable as a fence. There is no fee for the
permit.
o Failure to get can result to closure of business.
o Procedure to obtain permit/clearance:
1. Name, address, pertinent circumstances
2. Article sold or offered for sale to public and
name/address of where he got it from
3. Receipt or document showing acquisition
Elements:
o 1. Crime of robbery or theft committed
o 2. Accused, not a principal or accomplice in the commission of
the crime, deals with the article in any manner, and the article
was derived from the proceeds of the crime
o 3. Accused knows or should have known that it was derived
from proceeds of robbery or theft
Essence: known/should have known were the
proceeds of robbery or theft moral turpitude
Test if the articles were displayed for sale, if a receipt
was issued, etc.
o 4. There is intent to gain for himself or another
What is the presumption under law?
o Mere possession of the stolen goods creates presumption
o Thus, no need to prove prior robbery was committed
CATTLE RUSTLING (PD 533)
May there be cattle rustling even if cattle is not taken?
o Even if large cattle is not taken, there can be cattle rustling if it
is killed and its meat is taken.
180
There may be a special complex crime of cattle rustling with homicide if
a person is killed on the occasion of cattle rustling.
USURPATION OF REAL PROPERTY OR REAL RIGHTS OVER PROPERTY (312)
What is usurpation?
o Similar to robbery except that in robbery, personal property is
involved
What is the penalty?
o 1. Penalty for the act of violence
o 2. Penalty for the act of usurpation
However, what is the nature of this offense?
o It is a single and indivisible offense.
So the crime is still usurpation, but the penalty is two-
fold (takes into account the act of violence)
It is not a complex crime like Usurpation with
homicide. It is just usurpation.
o It is possible that a single and indivisible offense is committed,
but there are as many penalties as how many acts of violence
are committed.
What are the possible acts that may accompany the act of
usurpation?
o 1. Homicide, physical injuries in subdivisions 1 and 2 of Article
263 on occasion of such occupation or usurpation
o 2. Rape or intentional mutilation
o 3. Physical injuries in subdivisions 3 and 4 of Article 263 in the
course of execution of the usurpation
o 4. Intimidation or infliction of physical injuries to commit the
usurpation or occupation
CULPABLE INSOLVENCY (314)
What is culpable insolvency?
o Committed by debtors who conceal properties to avoid
payment of legal debt
o Higher penalty if committed by merchants
SWINDLING/ESTAFA (315)
How is estafa committed?
o 1. With abuse of confidence or unfaithfulness (par. 1)
o 2. Through deceit or false pretense (pars. 2 and 3), with
damage in either case
ESTAFA WITH UNFAITHFULNESS OR ABUSE OF CONFIDENCE (1)
What are the three acts covered by this paragraph?
o 1. Altering the substance of anything with value that the
offender should deliver by obligation
o 2. Misappropriating or converting to the prejudice of another,
some money, goods, etc.
o 3. Taking undue advantage of signature in blank
1. Altering substance of anything with value that offender should deliver
based on an obligation
o The law applies even if the property the offender is bound to
deliver is opium or something illegal/obscene
181
But in this case, he is also liable under Dangerous
Drugs Act, or immorality provision in RPC, etc.
2. Misappropriating or converting, to the prejudice of another, person
some money, goods, etc.
o Elements:
1. Goods were assigned
2. Misappropriation or conversion; or a denial by him
of such receipt is also a violation
3. To the prejudice of another
4. Demand by offended party to return the money or
property
o What is any other obligation to make delivery or to
return?
It refers to contracts of bailment, lease of personal
property, deposit, commodatum because under any
of these provisions, there is JURIDICAL
POSSESSION by the depositary
In estafa, both MATERIAL and JURIDICAL
possession is transferred to the offender
o What is the difference between material and juridical
possession?
Possession which gives to the transferee a right over
the thing/property which he may set-up against the
transferor
In Theft or robbery, there is NO transaction between
offender and offended party
The transaction involved must not transfer ownership
to the offender
o There must be a FIDUCIARY relationship between offender
and offended party.
There must be an agreement to return the same thing
or money
It doesnt matter if the obligation is guaranteed by a
bond or not
Without this relationship, there is no estafa
The duty to return the same thing or money is based
on:
A. MUTUAL AGREEMENT by the parties or
B. BY LAW
o When does fraud come into play?
When there is conversion or misappropriation.
o In bank loan transactions, usually, the borrower is required to
produce show money to establish that she can repay the
loan. But in a case, she borrowed the show money from
someone else. She used it for her own benefit. What is the
crime?
HELD: Estafa. It was received in trust for a particular
purpose, and there is obligation to return. By
misappropriating it, she is guilty of estafa.
Remember in Sec Trans that borrowing
show money is a commodatum transaction
involving personal property
o Must the misappropriation be permanent?
182
No. Even a temporary disturbance constitutes
misappropriation. No need to be permanent.
o What does prejudicial to another mean?
It need not be the owner of the property himself. It
can be another person, as long as there is damage
caused.
o An owner of a truck pledged it to another as security for a loan
contract. But then, he leased it to another and it was stolen
from the lessees possession. What is the crime?
HELD: There was no estafa, because there was no
intent to misappropriate or convert.
J. CALLEJO: Disagreed. The petitioner could not
have acted in GF, because he had already pledged it
to another as security for a loan.
o Can there be estafa when there is no gain on the part of
the offender?
No. Case: a person was assigned jewelry to sell, with
commission. He was not prohibited from appointing a
sub-agent, so he got one. The sub-agent stole the
jewelry.
HELD: The agent was acquitted because he
did not convert or misappropriate the jewelry.
The agent cannot be liable for mere
negligence in entrusting the jewelry to
another because there is no such thing as
estafa through negligence
But is it possible that the agent is liable?
1. He is liable if he CONSPIRED with the
sub-agent.
2. If there is prohibition to entrust the jewelry
to a sub-agent, but the agent still does, then
the agent can be liable.
o May there be estafa in a loan transaction?
No. Because owner of the money loaned is
transferred to the borrower, even if the borrower can
pay back.
What about money market placement?
No estafa because it partakes the nature of a
loan.
o What about bank deposits? Can there be estafa if the
money deposited is used by the bank?
None. Deposits are treated as loans to the bank, and
are covered by the law on mutuum.
o A teller of a bank receives deposits and misappropriates
these. What is the crime?
Theft, not estafa, because the bank teller is merely an
employee of the bank and only gets material
possession of the money.
o In a sale of property and earnest money is given and the
money is used by the seller. Is there estafa?
No. Down-payment or earnest money forms part of
the purchase price. The seller can use this money,
even if the sale eventually does not push through.
o An employee who fails to account for cash advances for
travels is there estafa?
No estafa. Because this is in the nature of a loan and
the employee obtains juridical possession of such.
183
o The private respondent delivered his car to a motor shop
for repairs. The owner of the shop misappropriated it. Is
there estafa?
Yes. There is obligation to return after repair. There
was juridical possession, and thus, estafa.
o X was a sales agent selling residential lots on behalf of a
corporation. He was authorized to sell the lots, but NOT
the monthly amortizations from the lot buyers. However,
he received these and worse, he failed to remit these. Is
there estafa?
Yes. Accused is guilty of two sets of estafa:
1. As regards the lot buyers, he committed
estafa through fraud or misrepresentation
because he claimed that he could receive
monthly amortizations.
2. As regards the employer, estafa with
abuse of confidence, because he did not
remit.
o How many counts of estafa are committed?
Depends on how many offended parties/victims.
But if committed on different dates or occasions
there are as many counts of estafa as the number of
transactions.
o PD 155 Trust receipt transactions:
A trust receipt transaction imposes upon trustee to
give the price sold if sold, or if the goods are not sold,
return them to the entrustor.
Is a violation of PD 155 estafa under Art. 315 par.
1(b)?
Yes. Violation of this constitutes estafa.
It is malum prohibitum. The only thing to be
established: prejudice caused to another.
Mere failure to deliver already constitutes the
criminal offense.
When a person participates in the commission of a
crime, he CANNOT escape liability due solely to the
fact that he was acting as an agent of another party.
The NCC provisions on agency do not apply to
criminal cases.
3. Taking undue advantage of signature of offended party in blank
ESTAFA THROUGH FRAUD (2)
What are the acts covered by this paragraph?
o 1. Using fictitious name, falsely pretending to possess power,
influence, qualifications, property, credit, etc.
o 2. Altering quality, fineness, weight of anything pertaining to his
business or art
o 3. Pretending to have bribed any Government employee
o 4. Bouncing check
o 5. Obtaining food or service from a hotel or restaurant without
paying for it and with intent to defraud
Or obtaining credit through false pretense or fraud
Or surreptitiously abandoning or removing luggage
from establishment without paying
Distinguish between estafa through fraud from estafa through
abuse of confidence?
184
o Abuse of confidence conversation or misappropriation
o Fraud or false pretenses fraudulent acts simultaneous or
preceding
In illegal recruitment, can one be liable under both the Labor Code
and Estafa under this provision?
o Both the Labor Code AND estafa. There is no double jeopardy
because the Labor Code is an SPL.
Essential elements:
o 1. False pretense, fraudulent act or means
o 2. Such must be made or exhibited prior to or simultaneously
o 3. Offended party must have relied on such and was thus
induced to part with his money or property
o 4. Thus causing damage
What is Fraud?
o Anything calculated to deceive
Ex. Falsely representing that property used as
security had mangoes, when it was really barren
Ex. I will sell you my property. But it really wasnt
his.
Caveat emptor doctrine does not apply. You cannot invoke the fact that
the victim was himself negligent. It doesnt apply to criminal cases.
Post dating a check or bouncing check:
o Can a person other than a drawer be liable?
Yes. Indorser or a co-conspirator.
o Elements:
1. Post-dating or issuance of check contracted at the
time the check was issued
2. Lack or insufficiency of funds to cover it
3. Knowledge of the drawer of this lack
4. Damage capable of pecuniary estimation to the
payee
o The fraud must be committed PRIOR or UPON the issuance of
the check.
o For what kind of obligation must the check be issued for?
The check MUST NOT BE for paying a pre-existing
obligation, because there is no more deceit in this
case.
The drawer obtains no gain here, because the
consideration has already been delivered to him.
o What is the implication of this doctrine, then?
Yes. The date of the obligation, being the very date of
the check, is a MATERIAL INGREDIENT of the crime.
o Must the check be negotiable?
Negotiability of a check is not the gravamen of the
crime, but the fraud or deceit in knowingly issuing a
worthless check.
o Post-dating of a check is valid, as long as when it is due, there
are funds, even when there are no funds at the time it was
issued.
185
o If the check is issued as a guaranty to secure a loan, there is
no estafa.
o Issuing a check in exchange for cash:
Estafa, because you received something in exchange
o How do you prove knowledge that there were no funds?
Direct evidence
Notice of dishonor from drawee bank duly received by
the drawer of the check and failure to deposit money
to cover the amount
Depositing required amount within 3 days of
notice of dishonor you escape liability
What is the effect of failure to deposit within 3
days?
Failure to deposit the amount will give rise to
presumption of deceit.
What if the account is closed?
There is still need for notice of dishonor to
allow the person to pay. If there is no notice,
accused cannot be convicted.
BUT in another case, it held that there was
no need for notice of dishonor because the
account was already closed.
ESTAFA THROUGH OTHER FRAUDULENT MEANS (3)
What are the means of committed estafa under this paragraph?
o 1. Inducing another through deceit to sign any document
o 2. Resorting to some fraudulent practice to insure success in a
gambling game
o 3. By removing, concealing, or destroying in whole or in part,
any court record, office files, document, or any other papers
B.P. 22 BOUNCING CHECKS LAW
What does B.P. 22 cover that is not covered by the prior provision
on estafa?
o 1. Issuance of check as deposit
o 2. As guaranty
o 3. For pre-existing obligation
N.B. BP 22 doesnt distinguish between pre-existing
and concurrent obligation
What is the difference in period under BP 22 compared to RPC
estafa?
o Under BP 22 the drawer of the check has a period of 5 days
from notice of dishonor (unlike RPC, 3 days)
Under NIL check is stale after more than 6 months (180 days) is
there a need to issue a notice of dishonor at the time it was
presented for payment?
o Only consequence is no prima facie presumption of knowledge
of no funds, still be held liable if able to prove that he had
knowledge
OTHER FORMS OF ESTAFA/SWINDLING (316)
What are covered by this provision?
o 1. Person pretends to be owner of real property and disposes
thereof
o 2. Person knows real property is encumbered and disposes it
186
Even if the encumbrance is not encumbered
o 3. Owner of personal property wrongfully takes it from lawful
possessor to the prejudice of the latter or third person
o 4. Executing fictitious contract to prejudice of another
o 5. Person accepts any compensation given him under the
belief that it was in payment for labor/service when he didnt
actually perform any
o 6. Surety in a bond for criminal or civil action disposes of the
property given by him
Without leave of court or being cancellation of the
bond
OTHER DECEITS (318)
What does this cover?
o Person who defrauds or damages another through deceit not
covered by the prior paragraphs or provisions
o Also covers those who tell fortunes or dreams for a profit (!)
What does the word deceit include?
o Includes concealment of the fact that the car sold was not
brand new
VIOLATION OF CHATTEL MORTGAGE (319)
What is penalized here?
o 1. Mere removal of property from the place where the CM was
constituted
When is there no intent to defraud?
When the debtor has transferred residence
because he also has to move his property
o 2. Failure to secure consent on the deed itself or on the
registry and the mortgagor sells or further encumbers the
personal property
DESTRUCTIVE ARSON (320)
What is arson and how committed?
o Destruction of property by fire, as long as fire or pyrotechnics
are used to destroy the property
o When is it consummated?
When there is fire, and it was intentionally caused,
and property burned even if not completely destroyed
o What must be proved?
1. Occurrence of fire due to criminal agency
2. Identity of the defendants as the one causing it
Can there be arson by negligence?
o Yes.
o Ex. A person burns trash disregarding the strong winds that
blew the cinders to the neighbors property. The crime is
simple/reckless imprudence resulting to arson.
Is there frustrated arson?
o No. Its either the burning did not happen (attempted arson) or
it did, regardless of extent (consummated arson).
When is the burning destructive arson?
o 1. Any ammunition factory and other establishment where
explosives, inflammable, or combustible materials are stored
o 2. Archive, museum (public/private), edifice devoted to culture,
education, social services
o 3. Church, place of worship, or usual place of assembly
187
o 4. Train, plane, vessel, or other transportation
o 5. Building where evidence is kept for official proceedings
o 6. Hospital, hotel, dormitory, housing tenement, mall, market,
movie house, or similar places
o 7. Building in a congested or populated area, whether a
dwelling or not
Other cases of arson: (with higher penalty)
o 1. Any building and office of government
o 2. Inhabited house or building
o 3. Industrial establishment, shipyard, oil well, mine shaft,
platform, tunnel
o 4. Plantation, farm, etc.
o 5. Rice mill and other mills
o 6. Railway or bus station, airport, wharf, warehouse
If destructive arson or those other cases are not specified, what is
the charge?
o Simple arson
What are the special aggravating circumstances?
o 1. Committed with intent to gain
o 2. Committed for benefit of another
o 3. Motivated by spite or hatred towards owner or occupant
o 4. Committed by syndicate
What else are specially punished?
o 1. Arson, where death results (qualified)
Is this arson with homicide?
No.
1. If the purpose is to kill, and burning was
the means, it is murder
2. If the purpose is to burn, but someone
died, it is arson under this provision.
o Homicide is absorbed but there is
civil liability for death.
3. If person is killed and the house is burned
to conceal, two crimes: 1) murder, 2) arson
o 2. Mere conspiracy to commit arson
What if several houses burn?
o There is only one crime of arson no matter how many houses
were burned.
Supposing someone burns his own property is he liable?
o He may be liable if other peoples property is damaged.
MALICIOUS MISCHIEF (327)
What is malicious mischief?
o Act of intentionally causing damage to property of another
without use of fire or pyrotechnic
o There must be specific intent to destroy such property
o Can it be committed by culpa?
No.
Distinguish between unjust vexation and malicious mischief:
o Unjust vexation if the purpose is to irritate a person
188
o Malicious mischief if purpose is to damage property
Distinguish between malicious mischief and arson:
o Arson can be committed by dolo or culpa, malicious mischief
by dolo only
o Arson must be by fire, malicious mischief if not by fire
o If death results from arson, it is just arson (but qualified); if
death or injury results from malicious mischief, those are
separate crimes
Distinguish between malicious mischief and theft:
o Malicious mischief has no intent to gain
EXEMPTION FROM CRIMINAL LIABILITY IN CRIMES AGAINST PROPERTY (332)
Who are the persons exempt from criminal liability?
o 1. Spouses
o 2. Ascendants and descendants and relatives by affinity in the
same degree as son/daughter-in-law and mother/father-in-law
o 3. Brothers and sisters who must be living together
Whether legitimate, half, or illegitimate
What if there are strangers participating in the crime?
o They are not exempt
Is there civil liability?
o Yes. The exemption is only for criminal liability
For what crimes are they exempted?
o 1. Theft, including qualified theft
Not robbery
o 2. Estafa but NOT complexed with other crimes (ex. estafa with
falsification of commercial documents)
o 3. Malicious mischief
Not arson
XI: CRIMES AGAINST CHASTITY
ADULTERY (333)
Who are liable for adultery?
o 1. Married woman who has sexual intercourse with a man not
her husband
o 2. That other man who has carnal knowledge of her, knowing
her to be married
o What if the marriage was subsequently declared void?
It does not exculpate because the marriage ostensibly
exists by then
Is it a continuing crime?
o No.
o Each sexual intercourse consummates the crime. Ex. Sex 5
times, adultery 5 times.
Can there be frustrated adultery?
o No frustrated adultery because it is consummated by
intercourse, so the rule for rape likewise applies.
What about attempted adultery?
o There can be attempted adultery. Caught in hotel in act of
undressing, about to have sex.
Can there be criminal action against just one of the parties?
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o No. It must be against both parties if both are alive.
Differentiate pardon from consent:
o Pardon is prior to the act, consent is after. In any case, it is a
bar to filing a criminal complaint.
Who can initiate action for adultery and concubinage?
o Must be from offended spouse. Both offenders must be
named in the complaint.
CONCUBINAGE (334)
How is concubinage committed?
o 1. Husband keeping a mistress is the conjugal dwelling
o 2. Having sexual intercourse under scandalous circumstances
with a woman not his wife
o 3. Cohabiting with the woman in any other place
Means living together as husband and wife, not
merely living together under one roof, but also having
sexual intercourse.
Who is liable for concubinage?
o Husband PC
o Concubine destierro only
Can a man be liable for adultery and concubinage at the same
time?
o Yes, if his concubine is a married woman.
ACTS OF LASCIVIOUSNESS (336) AND CONSENTED ACTS OF
LASCIVIOUSNESS (339)
What are acts of lasciviousness under Article 336?
o 1. Those acts not constituting rape but committed under
circumstances of rape (ex. no consent, with force or
intimidation, etc.)
o 2. Victim is a male or female
o 3. Victim need not be a minor or a virgin
What are the consented acts of lasciviousness under Article 339?
o 1. Committed under circumstances of seduction (hence,
consent secured by deceit)
o 2. Victim must be a female
o 3. Female victim must be minor over 12 and a virgin or at least
of good reputation
If of age, no prosecution because she can easily give
consent
Distinguish from attempted rape:
o In acts of lasciviousness there is no intent to have carnal
knowledge of a woman
o In attempted rape, there is but before he could complete all
acts of execution, he is prevented other than by spontaneous
desistance
What is required intent-wise?
o Lewd design
o Lewd is something indecent or obscene, designed to incite
crude sexual design
o Lewd design may be inferred from nature of act committed and
occasion acts were committed.
Related with RA 7610:
o Lascivious conduct may be committed under RA 7610, victim
of child abuse.
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o Elements of sexual abuse under RA 7610:
1. Accused commits acts of lasciviousness
2. Act is performed with a child exploited in
prostitution or subjected to sexual abuse
3. Child is below 18 and whether male or female
o What if the child is below 12?
Prosecuted under the RPC (penalty is RT instead of
PC)
QUALIFIED SEDUCTION (337), SIMPLE SEDUCTION (338)
What are the elements of qualified seduction?
o 1. Offended party is a virgin
o 2. Over 12 and under 18
o 3. Offender has sexual intercourse with her
o 4. There is abuse of authority, confidence, relationship on the
part of the offender (as long as entrusted with education or
custody of the victim)
Abuse of confidence is inherent, not aggravating
circumstance
What is the concept of virginity?
o Physical, not moral; i.e. that the woman has no sexual
experience.
Compare with rape:
o It is always rape if less than 12 years old (statutory rape); if 12-
18 there must be force or intimidation. Virginity is not material
in rape.
o In qualified seduction, the girl must be 12-18 and virginity is an
element.
Distinguish between simple and qualified seduction:
o 1. SS woman is single or widow of good reputation (because
you cant get married under 18 now); QS virgin
o 2. SS offender may be any person; QS offender is person
with authority (priest, public officer, guardian, teacher, etc.)
o 3.. SS victim cannot be over 18; QS when offender is
brother or ascendant, the victim can be over 18
CORRUPTION OF MINORS (340)
What is corruption of minors?
o A minor is used by one person to satisfy the lust of another and
not his own lust.
FORCIBLE ABDUCTION (342) AND CONSENTED ABDUCTION (343)
What are the elements of forcible abduction:
o 1. Victim is any woman, regardless of age, civil status,
reputation
o 2. Abduction against her will
o 3. Abduction is with lewd designs
When is forcible abduction absorbed by rape?
o When the initial intention is really to rape.
When is the crime of forcible abduction complexed with rape?
o The taking of the woman amounts to forcible abduction, and
thereafter, she was absued
o What if there are multiple rapes?
Then only one rape shall be complexed with forcible
abduction. The second rape and others are separate
crimes.
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When is there kidnapping or kidnapping with rape?
o If the purpose of the taking is to deprive the woman of her
liberty
o If the woman was raped thereafter, kidnapping with rape
Is there a crime of forcible abduction with attempted rape/acts of
lasciviousness?
o No, because both are manifestations of lewd designs which is
already an element of the forcible abduction. The crime is just
forcible abduction.
PROVISIONS RELATING TO CRIMES AGAINST CHASTITY (344)
What is the nature of civil indemnity?
o It is absolute and never conditions upon the financial capacity
of the accused
When must pardon be given by the victim?
o Before prosecution of the crime
o Except rape
What is the effect of pardon by the offended party?
o It does not extinguish criminal liability. The only exception is
valid marriage between the offender and victim.
In rape, will pardon of the parents of the victim without
concurrence of the minor victim be effective?
o No.
o It must be given by the minor herself too.
What is the civil liability of a person convicted of rape when an
offspring results from rape?
o 1. Indemnify the woman
o 2. Acknowledge the offspring unless the law prevents him from
doing so
When there is no legal impediment (if both are single)
o 3. Support the offspring
XII: CRIMES AGAINST CIVIL STATUS
SIMULATION OF BIRTHS, SUBSTITUTION OF CHILDREN, AND CONCEALMENT OR
ABANDONMENT OF LEGITIMATE CHILD (347) AND USURPATION OF CIVIL STATUS
(348)
Who are penalized?
o 1. Those who simulate birth, substitute one child for another, or
abandon/conceal a legitimate child to have him/her lose civil
status
o 2. Any physician or surgeon or public officer who through
profession or office cooperates in the crime
o 3. One who usurps the civil status of another to defraud the
offended party or his heirs
Where should simulation of birth be made?
o It must be made in the record of birth
o What if its done in another document?
Then the crime is falsification
o What if the record of birth reflects the true parents but
simulation is in other documents?
No violation of 347
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When is child trafficking committed in relation to these provisions,
under RA 7610?
o 1. Parents agree to adopt the child for a consideration
o 2. Physician made it appear in the record of birth that the
supposed parents are natural parents
BIGAMY (349)
What are the elements of bigamy?
o 1. Offender has been legally married
o 2. Marriage has not been legally dissolved, or the absent
spouse has not yet been judicially declared presumed dead
o 3. Offender contracts a subsequent marriage
o 4. Such subsequent marriage has all the essential requisites of
validity
Xs spouse has been absent for 12 years, so he married another
person. Is this bigamous?
o Yes. There must be a prior declaration of presumptive death
by the courts.
X and Y are married. X married Z. To avoid bigamy, he petitioned
to annul the first marriage with Y and it was granted. Was there
bigamy?
o Yes. The judgment of nullity or annulment must precede the
subsequent marriage.
Does the principle of constructive notice by registration apply to
bigamy?
o No, because it is usually entered into secretly from the spouse.
So there must be ACTUAL knowledge of the subsequent
marriage.
o Viz. In land and property disputes, constructive knowledge
through registration applies.
ILLEGAL MARRIAGE (350)
What is illegal marriage?
o Contracting marriage knowing that the requirements of law
have not been complied with, or it is in disregard of a legal
impediment except for bigamous marriages
Distinguish from bigamy:
o 1. Subsequent marriage in bigamy is valid, except that it is
bigamous; in illegal marriage, the subsequent marriage is void
or annullable and there is no need for a first marriage
o 2. Bigamy only refers to a subsequent valid marriage before
judicial declaration of nullity or presumptive death; illegal
marriage covers all other void or voidable marriages
PREMATURE MARRIAGE (351)
What is premature marriage?
o 1. One who remarries within 301 days from the death of her
husband
o 2. One who remarries prior to delivery of her child, if pregnant
during his death
PERFORMANCE OF ILLEGAL MARRIAGE CEREMONY (352)
What is punishable here?
o Priest or minister of any religious denomination or sect, or civil
authorities who celebrate illegal marriage ceremony
XIII: CRIMES AGAINST HONOR
LIBEL (353)
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What is libel?
o Public and malicious imputation of a crime, vice, or defect, real
or imaginary, or any act, omission, condition, status, or
circumstance tending to cause the dishonor, discredit, or
contempt of a natural/juridical person, or to blacken the
memory of the dead
What are the elements of libel?
o 1. Allegation of discreditable act or condition to another
o 2. Publication of the charge
o 3. Identity of the person defamed
o 4. Existence of malice
What is publication?
o After it has been written, to make it known to someone other
than the person to whom it has been written
o What if its sent straight to the person to whom it is
written?
Then there is no publication.
o What if an unsealed libelous letter is sent to the offended
party?
There is publication since anyone could have read it
(even just the postman)
o Is an inter-office memo publication?
In a case, because it was only directed towards the
supervising officers, etc. then it is not publication
What is the presumption in libel?
o Every defamatory imputation presumed to be malicious, even if
it is true
o Except?
When good intention and justifiable motive can be
shown
What are the exceptions to libel?
o 1. Private communication by one person to another in the
performance of legal, moral, or social duty
o 2. Fair comment of public acts
What is identity?
o At least a stranger or third person may be able to identify him
as the subject of the statement
Can the court impose a fine instead of imprisonment?
o Yes, it is up to court discretion to impose imprisonment, fine, or
both. Merely imposing a fine can be out of compassion.
Who are the other punishable persons in relation to libel?
o 1. Those who threaten to publish the libelous material unless
he is compensated
o 2. Those who offer to prevent the publication of such libel for
compensation
SLANDER (358)
When is a defamatory remark serious and when is it slight?
o Depends on the special circumstances of each case,
antecedents, or relationships between the offended party and
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the offender which might tend to prove the intention of the
offender at the time.
o Not depending on sense and grammatical meaning of the
utterances
Is putang ina mo slander?
o No.
Is there frustrated or attempted defamation?
o No. It is a formal crime.
SLANDER BY DEED (359)
What is slander by deed?
o Dishonor, discredit, or contempt upon another person which is
not covered by slander or libel
GENERAL PROVISIONS (360)
Who are the persons responsible for defamatory publications?
o 1. Any person who publishes, exhibits, or causes the
publication or exhibition of any defamation in writing or similar
means
o 2. Author or editor of a book or pamphlet, newspaper to the
extent that are authors/editors thereof
What courts have jurisdiction over libel cases?
o Even if the punishment falls within the MTC scope, by express
provision of law, it is under RTC jurisdiction always
What is the venue of libel cases?
o 1. RTC of province or city where the libelous article is printed
and first published (regardless of nature of victim)
o 2. If offended party is a private individual, RTC of province
where actually resided during offense
o 3. If offended party is a public officer whose office is in Manila
at the time of the commission of offense, in the RTC of Manila
o 4. If public officer outside of Manila, in the RTC of the province
or the city where he held office during the commission of the
offense
Can a headline alone be libelous?
o No. The headline must be read with the accompanying news
story
When can public officers demand damage from members of the
press?
o If the statement was made with actual malice with knowledge
that it was false or with reckless disregard of whether it was
false or not
o How is reckless conduct measured?
Whether a prudent man would have published it or
investigated further before publishing
INCRIMINATORY MACHINATIONS (363-364)
What are the crimes under incriminatory machinations?
o 1. Incriminating an innocent person (363)
o 2. Intriguing against honor (364)
What is intriguing against honor?
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o Chismis. (The author is unknown and the offender appears to
be repeating only what he heard others say. He doesnt want
to assume responsibility for the statement.)
o What if the source of the statement is known?
Its slander
What is incriminating an innocent person?
o Imputing to the innocent person the commission of a crime.
This includes planting of evidence
XIV: CRIMINAL NEGLIGENCE
What is reckless imprudence?
o It is the inexcusable lack of precaution of a person, taking into
consideration his: a) employment, b) intelligence, c) physical
condition, d) other circumstances (time, person, or place).
o This must lead to material damage to another, which is
manifest.
o What are the elements of reckless imprudence?
1. Offender does or fails to do an act
2. It is voluntarily done or not done
3. Without malice
4. Material damage results from the reckless
imprudence
5. There is inexcusable lack of precaution on the part
of the offender, taking into account the above
considerations
What is simple imprudence?
o The failure to exercise the diligence necessary or called for by
the situation.
o It applies to situations where the threatened harm is not
immediate or the danger is not openly visible.
What is the nature of culpa/imprudence?
o Culpa under Art. 365 is in itself a crime (criminal negligence)
o Under Art. 3, it is just a mode of committing a crime
Do complex crimes apply to imprudence?
o Yes. If a reckless, imprudent, or negligent act results in two or
more grave or less grave felonies
Relate reckless imprudence to malice:
o Reckless imprudence consists of voluntarily doing or failing to
do, without malice, an act from which material damage results
by reason of an inexcusable lack of precaution by the person
performing or failing to perform the act
o Malice is the antithesis of reckless imprudence
In case of abandonment of victim, what provision of the RPC
governs?
o The qualifying circumstance of the last paragraph
(abandonment) must be alleged for the court to have
jurisdiction to impose the next higher degree penalty
To convict for medical malpractice, what kind of evidence is
required?
o Expert testimony is usually necessary to support the
conclusion as to causation
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o What is the exception to this rule?
Res ipsa loquitur
Is there a crime of double homicide through reckless imprudence?
o No. In reckless imprudence, the actual penalty for criminal
negligence bears no relation to the individual willful crime or
crimes committed, but set in relation to a whole class/series of
crimes.
But does a charge under the RPC absorb the other charges
comprising mala prohibita crimes?
o No. A mala in se felony cannot absorb mala prohibita crimes.
ANNEX 1: CIVIL INDEMNITY RATES
Even with RA 9346, the classification of crimes as heinous and quasi-
heinous still remains (heinous: death; quasi-heinous: RP)
o If the crime is heinous:
75,000 indemnity
50,000 moral damages
o Quasi-heinous
50,000 indemnity
50,000 moral damages
Simple rape indemnity 50,000; moral damages 50,000
o No need to prove besmirched reputation, mental anguish etc.
It goes without saying already. REGARDLESS of sexual
preference, religious orientation, etc.
Sexual assault (finger)
o 30,000 indemnity
o 30,000 moral damages
Raped three times:
o There must be a separate award for each crime.
o It cannot be one award for 150,000. There must be three
separate awards for 50,000 each.
General rule: for rape support child born out of rape. (Art. 345 in
every case)
o May the offender be compelled to give support to the child
born out of rape, although the woman is married?
No, not if the woman is already married.
Dissent by Justice Regalado: compel offender,
provided that the paternity of the child to the offender
is established. (Basis: Art. 345 of RPC does not
distinguish)
o But the offender cannot be obliged to acknowledge offspring in
adultery and concubinage, when the offended party is married
and paternity cannot be determined.
Use of woman to rape a woman is aggravating even special:
o 25,000 damages
Acts of lasciviousness:
o 5,000 moral
o 2,000 exemplary for each count
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Qualified rape:
o 75,000 indemnity
o 50,000 moral damages
Rape with homicide:
o 100,000 indemnity
o 50,000 moral damages
For moral damages on parricide, homicide, rape, etc. No need to allege
emotional suffering on information.
o But some cases say that in homicide or murder, there must be
proof that the heirs suffered emotional pain, suffering, etc. Ex.
if they are separated, then they dont feel anything.
Consummated homicide:
o 50,000 indemnity
o 50,000 moral damages
Frustrated homicide:
o 30,000 moral damages
Attempted homicide:
o 30,000 moral damages
o Moral v. P: 10,000
In reckless imprudence resulting to homicide:
o Indemnity
o Moral damages
Robbery with homicide:
o 50,000 indemnity
o 50,000 moral damages
Forcible abduction with rape (for each count):
o 75,000 indemnity
o 50,000 moral damages
Kidnapping with rape
o 100,000 for kidnapping
o 25,000 for moral damages
o 50,000 for slight illegal detention
Victim kidnapped was 8 years old:
o 50,000 indemnity
o 200,000 moral damages
o 100,000 exemplary damages because demand for ransom
was deemed an AC
Qualified carnapping:
o 75,000 indemnity
o 50,000 moral
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