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Fundamental Principles a) Definition of Criminal Law A branch of municipal law which defines crimes, treats of their nature and provides for their punishment. i) Difference between Mala in Se and Mala Prohibita1 Mala in se2 Violations of the Revised Penal Code Mala prohibita Violations of special laws.3
Test to determine if violation of special law is malum prohibitum or malum in se: Analyze the violation: Is it wrong because there is a law prohibiting it or punishing it as such? If you remove the law, will the act still be wrong? If the wording of the law punishing the crime uses the word “willfully”, then malice must be proven. Where malice is a factor, good faith is a defense. In violation of special law, the act constituting the crime is a prohibited act. Therefore culpa is not a basis of liability, unless the special law punishes an omission. When given a problem, take note if the crime is a violation of the Revised Penal Code or a special law. 2 which literally means, that the act is inherently evil or bad or per se wrongful. 3 Not all violations of special laws are mala prohibita. While intentional felonies are always mala in se, it does not follow that prohibited acts done in violation of special laws are always mala prohibita. Even if the crime is punished under a special law, if the act punished is one which is inherently wrong, the same is malum in se, and, therefore, good faith and the lack of criminal intent is a valid defense; unless it is the product of criminal negligence or culpa. Likewise when the special law requires that the punished act be committed knowingly and willfully, criminal intent is required to be proved before criminal liability may arise. When the act penalized is not inherently wrong, it is wrong only because a law punishes the same.
b) Scope of Application and Characteristics of the Philippine Criminal Law Generality4 The law is binding to all persons who live or sojourn in the Philippines The law is binding to all crimes committed within the National Territory of the Philippines The law does not have any retroactive effect.6
Generality of criminal law means that the criminal law of the country governs all persons within the country regardless of their race, belief, sex, or creed. However, it is subject to certain exceptions brought about by international agreement. Ambassadors, chiefs of states and other diplomatic officials are immune from the application of penal laws when they are in the country where they are assigned. Exceptions to general application of criminal law: a) principles of public international law b) treaties or treaty stipulations c) laws of preferential application Consuls are not diplomatic officers. This includes consul-general, vice-consul or any consul in a foreign country, who are therefore, not immune to the operation or application of the penal law of the country where they are assigned. Consuls are subject to the penal laws of the country where they are assigned. It has no reference to territory. Whenever you are asked to explain this, it does not include territory. It refers to persons that may be governed by the penal law. 5 Exceptions to Territorial Application: Instances enumerated under Article 2 (see Reference) 6 Exception to Prospective Application: When new statute is favorable to the accused who is not a habitual delinquent. Applicable to special laws which provide more favorable conditions to the accused.
c) Constitutional limitations on the power of Congress to enact penal laws7 in the Bill of Rights Equal protection Any person shall not be denied the equal protection of the laws.8 No person shall be deprived of life, liberty or property without due process of law.9 Act Prohibiting the Imposition of Death Penalty in the Philippines.10 A legislative act which inflicts punishment without judicial trial. One which makes an action done before the passage of the law and which was innocent when done criminal and punishes such action.
Non-imposition of cruel and unusual punishment or excessive fines Bill of attainder
Ex post facto law
Only the legislative branch of the government can enact penal laws. While the President may define and punish an act as a crime, such exercise of power is not executive but legislative as he derives such power from the law-making body. It is in essence, an exercise of legislative power by the Chief Executive. 8 Art. III, Sec. 1, 1987 Constitution 9 Ibid. 10 R.A. 9346
2. Felonies Acts or omissions punishable by the Revised Penal Code. a) Classifications of Felonies According to the manner of their commission Intentional Those committed with deliberate intent; Culpable Those resulting from negligence, reckless imprudence, lack of foresight or lack of skill.11
According to the stages of their execution Attempted The offender commences the commission of a felony directly by overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance. Frustrated Consummated
The offender commences All the elements necessary the commission of a felony for its execution are as a consequence but which present.12 would produce the felony as a consequence but which nevertheless do not produce the felony by reason of causes independent of the perpetrator;
According to their gravity Grave Attaches the capital punishment or penalties which in any of their periods are afflictive. Less grave The law punishes penalties which in maximum period correccional; Light with Infractions of law for the their commission of which the was penalty is arresto menor.13
Art. 3 Art. 6 13 Art. 9
Act would have been an offense against persons or property 2. 2 1.b) Elements of Criminal Liability i) act or omission ii) punishable by the Revised Penal Code iii) committed by either dolo or culpa c) Impossible Crime14 . etc.. par. 2. Act is not an actual violation of another provision of the Code or of a special penal law 3. Offenses punishable by Special Penal Laws. or inadequate or ineffectual means were employed. 5 . 3. 16 see Classification of Felonies. Does not apply in: 1. corruption of minors. Formal crimes (e. Crimes committed by mere agreement. Examples: attempt to flee to an enemy country. adultery. Felonies by omission 6. a man stabbing another who he knew was already dead cannot be liable for an impossible crime. 5. supra. Requisites: 1.one which would be an offense against persons or property. Crimes consummated by mere attempt. treason. were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means. There was criminal intent 4. The law intends to punish the criminal intent. There is no attempted or frustrated impossible crime. Examples: betting in sports (endings in basketball). 2. slander.) 3. 4. corruption of public officers. Impossible Crimes 4.15 d) Stages of Execution16 14 15 Art. Accomplishment was inherently impossible.g. unless the otherwise is provided for. Offender must believe that he can consummate the intended crime.
For as long as none of the conspirators has committed an overt act. there is no crime yet. such a desistance would negate criminal liability. When the conspiracy itself is a crime. for as long as anyone shall desist before an overt act in furtherance of the crime was committed. if there has been a conspiracy to commit a crime in a particular place. however. all of them shall be held liable.e) Conspiracy17 and Proposal Conspiracy18 Proposal19 When two or more persons come to an When the person who has decided to agreement concerning the commission of a commit a felony proposes its execution to felony and decide to commit it. A conspiracy is possible even when participants are not known to each other. This is only true when the law expressly punishes the mere conspiracy. if a co-conspirator merely cooperated in the commission of the crime with insignificant or minimal acts. If the conspiracy is only a basis of criminal liability. if the co-conspirator or any of them would execute an overt act. a conspiracy arises. none of the co-conspirators would be liable. The mere conspiracy is the crime itself. otherwise. rebellion. thus. arson and monopolies and combinations in restraint of trade. Even though there was conspiracy. acting out a common criminal intent. Conspiracy as a crime. Proposal is unilateral. 17 Two kinds of conspiracy: (1) Conspiracy as a crime. So. Treason. sedition. coup d’ etat. some other person or persons. the crime could be carried out as well. Conspiracy is a matter of substance which must be alleged in the information. unless there is an overt act. The existence of a conspiracy may be reasonably inferred from the acts of the offenders when such acts disclose or show a common pursuit of the criminal objective. no overt act is necessary to bring about the criminal liability. such that even without his cooperation. it requires two parties 6 . one party makes a proposition to the other. anyone who did not appear shall be presumed to have desisted. such co-conspirator should be punished as an accomplice only. Once the proposal was accepted. the court will not consider the same. All that there is the agreement. When the conspiracy is only a basis of incurring criminal liability. and coup d’etat are the only crimes where the conspiracy and proposal to commit to them are punishable. the same may be deduced or inferred from the acts of several offenders in carrying out the commission of the crime. otherwise. must have a clear and convincing evidence of its existence. the crime would no longer be the conspiracy but the overt act itself. this cannot be inferred or deduced because there is no overt act. There is conspiracy when the offenders acted simultaneously pursuing a common criminal design. rebellion or insurrection. and (2) Conspiracy as a manner of incurring criminal liability When conspiracy itself is a crime. there must be an overt act done before the co-conspirators become criminally liable. On the other hand. When the conspiracy is just a basis of incurring criminal liability. 19 Only the person proposing or the proponent is criminally liable Proposal is true only up to the point where the party to whom the proposal was made has not yet accepted the proposal. sedition. Every crime must be proved beyond reasonable doubt. But when one of them commits any overt act. unless 1) a co-conspirator was absent from the scene of the crime or 2) he showed up. the conspiracy does not bring about the commission of the crime because conspiracy is not an overt act but a mere preparatory act. 18 Punishable in the following cases: treason. conspiracy is bilateral. The exception to this is if such person who did not appear was the mastermind. but he tried to prevent the commission of the crime As a general rule.
from the first conviction or release from punishment thereof to conviction computed from the second conviction or release therefrom to the third conviction and so on . rules. (b) less serious physical injuries. (e) estafa or swindling and (f) falsification. Recidivism At least three convictions are required. it is enough that The crimes are limited and specified to: they may be embraced under the same title of the Revised Penal Code. Conspiracy to commit rebellion c. 7 . Conspiracy to commit treason f) Multiple Offenders (differences. Proposal to commit treason b. years between every convictions computed Recidivism is imprescriptible. effects) Habitual delinquency Two convictions are enough. Conspiracy to commit sedition b. A person has decided to commit a persons to commit a crime crime b. Agreement among 2 or more a. Proposal to commit rebellion or insurrection Crimes a. He proposes its commission to another a. There is no time limit between the first There is a time limit of not more than 10 conviction and the subsequent conviction. (a) serious physical injuries. (c) robbery. (d) theft. They decide to commit it b. The crimes are not specified.Elements a.
hence it cannot be offset by any mitigating circumstance. but he is also suffering from recidivism (recidencia). it would only increase the penalty prescribed by law for the crime committed to its maximum period. he labors under this paragraph (10) known as reiteracion. information. Reiteracion20 Recidivism Necessary that offender shall have served Enough that final judgment has been out his sentence for the first sentence rendered in the first offense Previous and subsequent offenses must not Same title be embraced in the same title of the Code Not always an aggravating circumstance Always aggravating 20 Thus. If not offset. and after grant of parole committed Homicide. an additional penalty shall be imposed depending upon whether it is already the third conviction. The circumstance need not be alleged in the The circumstance must be alleged in the information. otherwise the court cannot acquire jurisdiction to impose additional penalty. In such a case. It is a special aggravating circumstance. 10 will no longer apply to him. 8 . the fifth and so on .It is a generic aggravating circumstance which can be offset by an ordinary mitigating circumstance. if A has been convicted of Murder. the fourth. Aside from the penalty prescribed by law for the crime committed. he will be considered only as recidivist. and par.
However. since there are already two of them subsequently. before beginning to serve such sentence. Basis: Greater perversity of the offender as shown by his inclination to commit crimes Requisites: a. then he becomes a repeater because that means he has not yet reformed. the offender is a repeater. or while serving the same. the law considers that somehow he has been reformed but if he.21 Reiteracion or habituality – one who has been May be aggravating depending on the punished for an offense to which the law discretion of the court. that both the first and the second offenses are embraced in the same title of the RPC (not special law) d. he was previously convicted by final judgment of another crime c. However. if he commits a felony carrying a lighter penalty.Offenders Effects Recidivist – one who at the time of his trial Generic aggravating for one crime. even if literally. shall be punished by the maximum period of the penalty prescribed by law for the new felony.22 Quasi-recidivism – any person who shall The penalty is raised to the maximum period commit a felony after having been convicted of the penalty prescribed for the new felony. You will only consider the penalty in reiteracion if there is already a second conviction. That is why it is said that reiteracion is not always aggravating. shall have been previously convicted by final judgment of another crime embraced in the same title of the RPC. the offender is already a repeater. that means that the offender was never reformed by the fact that he already served the penalty imposed on him on the first conviction. by final judgment. subsequently. offender is on trial for an offense 21 b. again commits another felony which carries a lighter penalty. if there is only a second conviction. Even if the penalty for the subsequent crimes committed are lighter than the ones already served. you disregard whatever penalty for the subsequent crimes committed. repetition is not aggravating. pay attention to the penalty attached to the crime which was committed for the second crime. If that is the situation. This is so because if the penalty attached to the felony subsequently committed is not equal or higher than the penalty already served. the offender is convicted of the new offense Recidivism must be taken into account no matter how many years have intervened between the first and second felonies To prove recidivism. 21 It is important that the conviction which came earlier must refer to the crime committed earlier than the subsequent conviction. When there is a third conviction. it must be alleged in the information and with attached certified copies of the sentences rendered against the accused Exceptions: if the accused does not object and when he admits in his confession and on the witness stand 22 In reiteracion. attaches an equal or greater penalty. the penalty attached to the crime subsequently committed should be higher or at least equal to the penalty that he has already served. 9 .
the total of the two penalties to be imposed upon the offender shall in no case exceed 30 years. and c) Upon a fifth or additional conviction. is found guilty of any of said crimes a third time or oftener. the culprit shall be sentenced to the penalty provided for the last crime of which he be found guilty and to the additional penalty of prision mayor in its minimum and medium periods. an added penalty will be imposed in accordance with Article 62. 5. estafa or falsification. 10 . If it is not alleged in the information and in the course of the trial. 24 Art. the culprit shall be sentenced to the penalty provided by law for the last crime of which he be found guilty and to the additional penalty of prision correccional in its medium and maximum periods. the penalty for the crime for which he will be convicted will be increased to the maximum period unless offset by a mitigating circumstance.24 23 When the offender is a recidivist and at the same time a habitual delinquent.Habitual delinquency – when a person. the court has no jurisdiction to consider the offender a habitual delinquent. b) Upon a fourth conviction. the prosecution tried to prove that the offender is a habitual delinquent over the objection of the accused. no. 62. within a period of 10 years from the date of his release or last conviction of the crimes of serious or less serious physical injuries. Habitual delinquency. robbery. being a special or specific aggravating circumstance must be alleged in the information. the culprit shall be sentenced to the penalty provided for the last crime of which he be found guilty and to the additional penalty of prision mayor in its maximum period to reclusion temporal in its minimum period.23 a) Upon a third conviction. Notwithstanding. After determining the correct penalty for the last crime committed. theft.
warrants a single indivisible offense. 27 In both cases. the penalty for the more serious crime shall be imposed and is to be applied in its maximum period. amending Art.29 Special complex crime26 Made up of more than one crime. the conspirator will be liable for all the acts committed during the commission of the crime agreed upon. R.g) Complex Crimes vis Special Complex Crimes25 Complex crime Committed either when a single act constitutes two or more grave or less grave felonies.A. 48 28 When a single act constitutes 2 or more grave or less grave felonies Requisites: 1) that only one single act is committed by the offender 2) that the single act produces a) 2 or more grave felonies b) one or more grave and one or more less grave felonies c) 2 or more less grave felonies 29 When an offense is a necessary means for committing another Requisites: 1) that at least 2 offenses are committed 2) that one or some of the offenses must be necessary to commit the other 3) that both or all the offenses must be punished under the same statute 30 An example of special complex crime is rape with homicide. 25 In case the crime committed is a composite crime. id. 31 Sec. 294 32 Sec. 26 or composite crime 27 Art. They are regarded as a special species of complex crime because there is one specific penalty imposed. 9. or when an offense is a necessary means for committing the other.30 Art. 1 of Art. robbery with arson. This is because. 7659 amending par. otherwise they are separate offenses. 335. in the eyes of the law. when the homicide is consummated. 11. 11 . It has two kinds: compound crime28 and complex crime proper. 48 is not applicable in case of special complex crimes specially provided for in the Revised Penal code like Robbery with Homicide or Rape or Arson31 or Rape with Homicide32 and applies only when no specific penalty is stated in the law. all those acts done in pursuance of the crime agreed upon are acts which constitute a single crime. kidnapping with homicide. in the eyes of the law. but which.
3. (People v. Acute battering incident 3. 15. No. and hence. though there is a crime.R. there is no criminal liability. which has 3 phases: 1. In order to be classified as a battered woman.called cycle of violence.A. she is defined as a battered woman. If it occurs a second time. Tension building phase 2. 1359 81. Includes wives or women in any form of intimate relationship with men. no criminal and civil liability because there is no crime. each with 3 phases. 9262 35 A woman who is repeatedly subjected to any forceful physical or psychological behavior by a man in order to coerce her to do something he wants her to do without concern for her rights. 2004) 36 Sec. Circumstances which Affect Criminal Liability a) Justifying Circumstances33 The acts of the actor are in accordance with law and hence. Any woman may find herself in an abusive relationship with a man once. he is justified. Jan. loving37 phase38 b) Exempting Circumstances39 There is an absence of voluntariness. the couple must go through the battering cycle at least twice. Tranquil.Genosa. and she remains in the situation. i) Anti-Violence against Women and their Children Act of 200434 a) Battered woman35 syndrome A scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse.36 Characterized by the so. 33 34 See Reference R. 39 See Reference 12 . One must pass 2 cycles. G. 3 (c) 37 or at least non-violent 38 One must undergo 3 phases to establish the pattern of violence.
40 also refer to Child and Youth Welfare Code41 1) Definition of “child in conflict with the law” A child who is alleged as. the physical appearance of the 40 41 R. as amended 42 Sec. which shall be enforced in accordance with existing laws. having committed an offense under Philippine laws. 603. 4 (e). age may be based on information from the child himself/herself. R. 9344 P.i) Juvenile Justice and Welfare Act of 2006. or adjudged as.42 2) Minimum age of criminal responsibility Age Bracket 15 years old or below Criminal Liability Exempt Treatment The child shall be subjected to an intervention program The child shall be subjected to an intervention program The child shall be subjected to the appropriate proceedings in accordance with the Act. Baptismal certificate 3. who acted without discernment Above 15 but below 18. He/she shall enjoy all the rights of a child in conflict with the law until he/she is proven to be 18 years old or older. 9344.A. Any other pertinent documents In the absence of these documents. accused of. 6. 43 Sec. who a cted with discernment Exempt Not exempt The exemption from criminal liability does not include exemption from civil liability. Above 15 but below 18.A.43 3) Determination of age The age of a child may be determined from the child's: 1. 9344 13 .A. The child in conflict with the law shall enjoy the presumption of minority. R. Birth certificate 2. testimonies of other persons.D.
If it is proved during trial. which makes the act voluntary or because of the lesser perversity of the offender. The circumstance is actually an ingredient of the crime. ibid. it shall be resolved in his/her favor. d) Aggravating circumstances47 Serve to increase the penalty without exceeding the maximum provided by law because of the greater perversity of the offender as shown by the motivating power of the commission of the crime. The circumstance affects the nature of the crime itself such that the offender shall be liable for a more serious crime. 48 like recidivism 49 as treachery in homicide to murder 14 . as long as it is proven during trial. If not alleged but proven during the trial. It is not an ingredient of a crime. 44 45 Sec. the time and place of committing the crime and the means employed or the personal circumstances of the offender. supra 46 See Reference 47 Ibid. Generic Generally applies to all crimes48 Can be offset by an ordinary mitigating circumstance.44 In case of doubt as to the age of the child. See Minimum age of criminal responsibility. it will be considered only as generic No need to allege this circumstance in the information.child and other relevant evidence. 7. Qualifying Changes the nature of the felony49 Cannot be offset by any mitigating circumstances. must be specifically alleged in the complaint or information. the same is considered in imposing the penalty. 4) Exemption from criminal liability45 c) Mitigating circumstances46 Have the effect of reducing the penalty because there is a diminution of any of the elements of dolo or culpa. To be appreciated as such. It only affects the penalty to be imposed but the crime remains the same.
provided that the person arrested committed no other crime. 8294. 1866. Acquisition or Disposition. 8294 penalizes simple illegal possession of firearms. they are susceptible of being offset by an ordinary mitigating circumstance.A.53 Under Sec. Unlicensed firearm shall include: firearms with expired license.D. 51 P. or in connection with the crimes of rebellion. If this happens. R. motolov cocktail bombs.A. but not a separate offense. of Firearms. (People vs. insurrection. where an accused was convicted of direct assault with multiple attempted homicide for firing an unlicensed M-14 rifle at several policemen who were about to serve a search warrant. Penalty for mere possession of an unlicensed firearm is based on whether the firearm is lowpowered or high-powered.52 Although the circumstance that human life was destroyed with the use of an unlicensed firearm is not aggravating under Art.A. RPC.50 a) Decree Codifying the Laws on Illegal / Unlawful Possession. Furthermore. 1866. Hence. or unauthorized use of licensed firearm in the commission of the crime.aggravating circumstance. 53 Hence. it may still be taken into consideration to increase the penalty because of the explicit provisions of the Presidential Decree No. if the person is held liable for murder or homicide. he cannot be held guilty of the separate offense of illegal possession of firearms. Ammunition or Explosives51 as an aggravating circumstance The use of an unlicensed firearm to commit murder or homicide is an aggravating circumstance. illegal possession of firearms is an aggravating circumstance. such use shall be considered as an aggravating circumstance. Ladjaamlam) 15 . one of them will be appreciated as qualifying aggravating while the others will be considered as generic aggravating. when a person commits any of the crimes defined in the Revised Penal Code or special laws with the use of explosives like pill box. Dealing in. illegal possession or use of unlicensed firearm is no longer punished as a separate offense. 50 When there is more than one qualifying aggravating circumstance present. or subversion shall be absorbed as an element of such crimes. as amended by R. Manufacture. or incident to. 14. as amended by R. 8294 52 If the illegal possession or use of unlicensed firearm or explosives is in furtherance of. firebombs or other incendiary devices which result in the death of a person. 3 thereof.
Article II of this Act57 as well as any violation of the offenses mentioned if committed by a drug syndicate. 8. reduced into writing. and 5) The informant or witness shall strictly and faithfully comply without delay. 56 Conditions: 1) The information and testimony are necessary for the conviction of the persons described above. 33 16 . 14. who voluntarily gives information about any violation of Sections 4. 2) Such information and testimony are not yet in the possession of the State.58 54 55 R. coverage Any person who has violated Sections 7.b) The Comprehensive Dangerous Drugs Act of 200254 i) As a qualifying aggravating circumstance A positive finding for the use of dangerous drugs shall be a qualifying aggravating circumstance in the commission of a crime by an offender. lawfully imposed by the State as further consideration for the grant of immunity from prosecution and punishment.A. and the application of the penalty provided for in the Revised Penal Code shall be applicable. 3) Such information and testimony can be corroborated on its material points.55 ii) Immunity from prosecution and punishment. 11. 4) the informant or witness has not been previously convicted of a crime involving moral turpitude. and who willingly testifies against such persons as described above. and 16. 13. and 19. 15. 25 56 See Reference 57 ibid. 6. 10. 9165 Sec. or any information leading to the whereabouts. 12. except when there is no other direct evidence available for the State other than the information and testimony of said informant or witness. any condition or undertaking. and may plead or prove the giving of such information and testimony in bar of such prosecution. 58 Sec. identities and arrest of all or any of the members thereof. The immunity may be enjoyed by such informant or witness who does not appear to be most guilty for the offense with reference to which his/her information or testimony were given and there is no direct evidence available for the State except for the information and testimony of the said informant or witness. shall be exempted from prosecution or punishment for the offense with reference to which his/her information of testimony were given. 5. Article II of this Act.
as amended. b) He/she has not been previously committed to a Center or to the care of a DOHaccredited physician. shall not apply to the provisions of this Act. 603.61 iv) Application/Non application of RPC provisions cf. 98 17 . except in the case of minor offenders. but not more than eighteen (18) years of age at the time when judgment should have been promulgated after having been found guilty of said offense. without prejudice to the application of the provisions of this Section. or to the care of a DOH-accredited physician for at least six (6) months. 61 Sec. or of any special penal laws. While under suspended sentence. the penalty for acts punishable by life imprisonment to death provided herein shall be reclusion perpetua to death. Upon recommendation of the Board. Article 19260 of Presidential Decree No.62 RPC The provisions of the Revised Penal Code.63 59 60 See Reference Ibid. In the case of minors under fifteen (15) years of age at the time of the commission of any offense penalized under this Act. otherwise known as the Child and Youth Welfare Code. Art. as amended. he/she shall be under the supervision and rehabilitative surveillance of the Board. with after-care and follow-up program for not more than eighteen (18) months.iii) Minor offenders An accused who is over fifteen (15) years of age at the time of the commission of the offense mentioned in Section 1159 of this Act. as amended by Presidential Decree No. 10. under such conditions that the court may impose for a period ranging from six (6) months to eighteen (18) months. and c) The Board favorably recommends that his/her sentence be suspended. the court may commit the accused under suspended sentence to a Center. 1179 shall apply. Conditions: a) He/she has not been previously convicted of violating any provision of this Act. or of the Dangerous Drugs Act of 1972. Where the offender is a minor. or of the Revised Penal Code. may be given the benefits of a suspended sentence. 66 62 See Reference 63 Sec.
. 13th ed. freedom. does not incur criminal liability for an act. and intelligence. 1993.‖65 64 65 See Reference I Reyes. It is present "where the act committed is a crime but for reasons of public policy and sentiment there is no penalty imposed. f) Absolutory Cause A circumstance which is present prior to or simultaneously with the offense. which constituted a crime. Article 247 is an example of an absolutory cause (see Reference) 18 . pp. The Revised Penal Code. by reason of which. 231-232. the accused who acts with criminal intent.e) Alternative Circumstances64 Those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and other conditions attending its commission.
whether lawful or unlawful. (b) altering. 1829 19 . with intent to impair its verity. in order to prevent a person from appearing in the investigation of or in official proceedings in. intimidation. criminal cases.D. frustrates or delays the apprehension of suspects and the investigation and prosecution of criminal cases by committing any of the following acts: (a) preventing witnesses from testifying in any criminal proceeding or from reporting the commission of any offense or the identity of any offender/s by means of bribery. accepting. legibility. document. criminal cases. or to be used in the investigation of. force or threats.4. or object. or has reasonable ground to believe or suspect. in Tanodbayan. or concealing his true name and other personal circumstances for the same purpose or purposes. record. evading prosecution or the execution of a judgment. or impeding the prosecution of a criminal offender. (h) threatening directly or indirectly another with the infliction of any wrong upon his person. or agreeing to accept any benefit in consideration of abstaining from. misrepresentation. criminal cases. or official proceedings in. or official proceedings in. discounting. (e) delaying the prosecution of criminal cases by obstructing the service of process or court orders or disturbing proceedings in the fiscal's offices. or facilitating the escape of. (g) soliciting. deceit. destroying. availability. suppressing or concealing any paper. or imposing a condition. authenticity. honor or property or that of any immediate member or members of his family in order to prevent such person from appearing in the investigation of. Persons Criminally Liable/Degree of Participation a) Decree Penalizing Obstruction of Apprehension and Prosecution of Criminal Offenders66 i) Punishable acts Any person who knowingly or willfully obstructs. (f) making. (i) giving of false or fabricated information to mislead or prevent the law enforcement agencies from apprehending the offender or from protecting the life or 66 P. presenting or using any record. (d) publicly using a fictitious name for the purpose of concealing a crime. document. any person he knows. has committed any offense under existing penal laws in order to prevent his arrest prosecution and conviction. or in the courts. impedes. or official proceedings in. or admissibility as evidence in any investigation of or official proceedings in. (c) harboring or concealing. criminal cases. paper or object with knowledge of its falsity and with intent to affect the course or outcome of the investigation of. criminal cases.
the higher penalty shall be imposed. natural. descendants. Accessories who are exempt from criminal liability Basis: Ties of blood and the preservation of the cleanliness of one’s name which compels one to conceal crimes committed by relatives so near as those mentioned. id. ascendants. except accessories falling within the provisions of paragraph 169 of Article 19. 67 68 Sec. 1. Nephew and Niece not included Accessory not exempt when helped a relative-principal by profiting from the effects of the crime.68 RPC The penalties prescribed for accessories shall not be imposed upon those who are such with respect to their spouses. Public officer who helped his guilty brother escape does not incur criminal liability as ties of blood constitutes a more powerful incentive than the call of duty. legitimate. Only accessories covered by par 2 and 3 are exempted. RPC. If any of the acts mentioned herein is penalized by any other law with a higher penalty.67 ii) Compare with Article 20. or relatives by affinity within the same degrees. or fabricating information from the data gathered in confidence by investigating authorities for purposes of background information and not for publication and publishing or disseminating the same to mislead the investigator or to the court.property of the victim. and adopted brothers and sisters. 69 See Reference 20 . or assisted the offender to profit from the effects of the crime.
21 . 44 Phil. Penal laws which are favorable to the accused are given retroactive effect. 70 71 People vs. 9346 72 PP v. Canuto. R.A. 377. No. Retribution . G. Penalties Penalty is the punishment imposed by lawful authority upon a person who commits an unlawful.to punish them for what they did 3. 166544. Deterrence . 27 July 2007.to prevent crimes 2. Safety .to get them whipped back into shape 4. Pursuant to Section 2 of R.A.72 b) Purposes 1.A. 9346.70 a) General Principles . 528 SCRA 366.5.to protect the public from dangerous criminals. 9346 should be applied even if the crime was committed prior to the enactment of the law in view of the principle in criminal law that favorabilia sunt amplianda adiosa restrigenda. the property penalty to be imposed on appellant is reclusion perpetua.Act Prohibiting the Imposition of Death Penalty in the Philippines71 The imposition of death penalty has been prohibited. Rehabilitation . 431 R. deliberate or negligent act.R. Moran.
Prision mayor.73 73 Art. 25 22 . the profession or calling. Arresto mayor. Perpetual or temporary special disqualification. Destierro. Correctional penalties: Prision correccional. Perpetual or temporary absolute disqualification. Forfeiture or confiscation of instruments and proceeds of the offense. Afflictive penalties: Reclusion perpetua. Payment of costs. Perpetual or temporary special disqualification. Light penalties: Arresto menor.c) Classification Scale Principal Penalties Capital punishment: Death. Indemnification. Reclusion temporal. and Bond to keep the peace Accessory Penalties Perpetual or temporary absolute disqualification. Civil interdiction. Public censure Penalties common to the three preceding classes: Fine. the right to vote and be voted for. Suspension. Suspension from public office.
A. 23 . 27. its duration shall be that of the principal penalty. Six (6) months and one day to six (6) years. suspension. as amended by Sec.d) Duration and Effects Duration Reclusion perpetua Twenty (20) years and one day to forty (40) years. One (1) month and one day to six (6) months. 21. except when suspension is imposed as an accessory penalty. Twelve (12) years and one day to twenty (20) years. Required to cover such period of time as the court may determine. Six (6) years and one day to twelve (12) years. except when the penalty of disqualification is imposed as an accessory penalty. in which case. and destierro Arresto mayor Arresto menor Bond to keep the peace 74 Art. its duration shall be that of the principal penalty. One (1) day to thirty (30) days. in which case. R.74 Reclusion temporal Prision mayor and temporary disqualification Prision correccional. 7659. ibid.
Effects The penalties of perpetual or temporary absolute disqualification for public office shall produce the following effects: 1. The disqualification for holding similar offices or employments either perpetually or during the term of the sentence. 78 Art. profession or calling. 75 76 Art. In case of temporary disqualification. The deprivation of the public offices and employments which the offender may have held even if conferred by popular election. 2. and the exercise of the right of suffrage shall disqualify the offender from holding such office or exercising such profession or calling or right of suffrage during the term of the sentence. 31 77 Art. held. The deprivation of the right to vote in any election for any popular elective office or to be elected to such office. Moreover. according to the extent of such disqualification. or guardianship. 2. 30 Art. employment. profession or calling affected. according to the nature of said penalty. 33 24 . the offender shall not be permitted to hold any public office during the period of his disqualification. 32.77 The suspension from public office. such disqualification as is comprised in paragraphs 2 and 3 of this article shall last during the term of the sentence. The loss of all rights to retirement pay or other pension for any office formerly The penalties of perpetual or temporary special disqualification for public office. 75 4. The disqualification for the offices or public employments and for the exercise of any of the rights mentioned. either as to the person or property of any ward. 3.78 Civil interdiction shall deprive the offender during the time of his sentence of the rights of parental authority. The person suspended from holding public office shall not hold another having similar functions during the period of his suspension. profession or calling shall produce the following effects: 1. The deprivation of the office. of the right to vote in any popular election for any public office or to be elected to such office.76 The perpetual or temporary special disqualification for the exercise of the right of suffrage shall deprive the offender perpetually or during the term of the sentence.
If the principal penalty imposed be prision correccional or arresto and fine. of the right to manage his property and of the right to dispose of such property by any act or any conveyance inter vivos79. the convict. the subsidiary imprisonment shall not exceed six months. When the principal penalty imposed be only a fine. if for a light felony. he shall remain under confinement until his fine referred in the preceding paragraph is satisfied. 36 81 Art. A pardon shall in no case exempt the culprit from the payment of the civil indemnity imposed upon him by the sentence. Indemnification of consequential damages. 38 25 . 2. 2. 4. 3. If the convict has no property with which to meet the fine mentioned. the same shall be met in the following order:82 1. When the principal penalty imposed is higher than prision correccional no subsidiary imprisonment shall be imposed upon the culprit. during the period of time established in the preceding rules. The reparation of the damage caused. If the principal penalty imposed is not to be executed by confinement in a penal institution. In case the property of the offender should not be sufficient for the payment of all his pecuniary liabilities. and no fraction or part of a day shall be counted against the prisoner. Costs shall include fees and indemnities in the course of the judicial proceedings. shall continue to suffer the same deprivation as those of which the principal penalty consists. whether they be fixed or unalterable amounts previously determined by law or regulations in force. 3. and in no case shall it continue for more than one year.of marital authority. but his subsidiary imprisonment shall not exceed one-third of the term of the sentence. but such penalty is of fixed duration. The fine. 4. subject to the following rules: 1. 37 82 Art. and shall not exceed fifteen days. unless such rights be expressly restored by the terms of the pardon80. 34 Art. he shall be subject to a subsidiary personal liability at the rate of one day for each eight pesos. 79 80 Art. A pardon shall not work the restoration of the right to hold public office. if the culprit shall have been prosecuted for a grave or less grave felony. or amounts not subject to schedule81. or the right of suffrage. The costs of the proceedings.
26 . If there are two or more mitigating circumstance and no aggravating circumstance. The subsidiary personal liability which the convict may have suffered by reason of his insolvency shall not relieve him from the fine in case his financial circumstances should improve83 e) Application i) Indeterminate Sentence Law84 Governs whether the crime is punishable under the Revised Penal Code or a special Law. Rule under Art 64 shall apply in determining the maximum but not in determining the minimum. consider the mitigating and aggravating circumstances according to the rules found in Article 64.85 b) Coverage It applies to 1. the law provides that the maximum shall be arrived at by considering the mitigating and aggravating circumstances in the commission of the crime according to the proper rules of the Revised Penal Code. 4. 3.A. It applies only when the penalty served is imprisonment. It is not limited to violations of the Revised Penal Code.5. April 21. If not by imprisonment. Crimes punished by the Revised Penal Code 2. 4103. Penalties prescribed by the law for the crime committed shall be imposed in the medium period if no mitigating or aggravating circumstance. If there is mitigating circumstance. 5. penalty shall be in the minimum. ISL does not apply to non-divisible penalties. then it does not apply. apply the rules. Special Laws86 83 84 Art. a) Application on the imposed sentence Courts are required to fix a minimum and a maximum of the sentence that they are to impose upon an offender when found guilty of the crime charged. If there is aggravating circumstance. Persons convicted of offense punishable with death penalty or life imprisonment. ISL should not be applied when it is unfavorable to the accused. they shall offset against each other. 5465. R. penalty shall be imposed in the maximum. 39. Whatever remains. To fix the maximum.A. If the crime is punished by the Revised Penal Code. 85 This means – 1. So. 86 The Indeterminate Sentence Law shall not apply to: 1. 2. no mitigating. as amended by R. If there are several mitigating and aggravating circumstances. whenever the Indeterminate Sentence Law is applicable. penalty next lower in degree shall be the one imposed. there is always a minimum and maximum of the sentence that the convict shall serve. 1969. as amended. no aggravating.
Gonong. The principal penalty is higher than prision correccional. 5. it must be expressly stated in the judgment that in case of failure to pay the fine. 6.88 iii) Subsidiary Imprisonment It is imposed when the person has no property with which to meet the fine mentioned in Article 38. the accused must suffer subsidiary imprisonment. Persons convicted of treason. Those whose maximum term of imprisonment does not exceed one (1) year. Persons convicted of misprision of treason.G. not yet served. not an accessory penalty. It is not of fixed duration. However. Art. in order that subsidiary imprisonment may be enforced.89 However. The reason is because subsidiary imprisonment is a substitute principal penalty. rebellion.87 The ―most severe penalties‖ include equal penalties.00. 72 SCRA 59 91 People vs. Persons who are habitual delinquents. par. Those sentenced to destiero or suspension (this are not punishable by imprisonment) 87 pars. the 3-fold rule applies only when the convict has to serve at least 4 sentences. 3 at the rate of one day for each P8. 4. 248 There is no subsidiary penalty if: a.90 It is the personal penalty prescribed by law in substitution of the payment of fine embodied in the decision when the same cannot be satisfied because of the culprit’s insolvency. sedition. In absence of such express statement. 27 . 3.c) Conditions of parole The prisoner could be released on parole after serving the minimum sentence and could be re-arrested to serve the maximum. No other penalty shall be inflicted after the sum of those imposed equals the said maximum period. Jarumayan. 8. that the duration of the convict’s sentence refers to several penalties for different offenses. b. 89 Art. 39 90 Ramos v. Persons who shall have escaped from confinement or evaded sentence. 70 88 It should be noted however. Persons convicted of piracy. Those who have been granted conditional pardon by the Chief Executive and shall have violated the term thereto.91 2. 9. conspiracy or proposal to commit treason. 4 and 5. espionage. ii) Three-fold Rule The maximum duration of the convict’s sentence shall not be more than three (3) times the length of time corresponding to the most severe of the penalties imposed upon him and shall not exceed forty (40) years. the subsidiary imprisonment cannot be imposed. 52 O. but not to those already sentenced by final judgment at the time of the approval of Indeterminate Sentence Law. 7.
28 . 4. after it shall have convicted and sentenced a defendant and upon application at any time of said defendant. An order granting or denying probation shall not be appealable. suspension and fine). d. or the automatic withdrawal of a pending appeal. A person placed on probation. The filing of the application shall be deemed a waiver of the right to appeal. after conviction and sentence. The penalty is not FIDS (Fine. though properly imposable is not expressly stated in the judgment. destierro and fine.94 c) Grant of probation.93 Probationer Probation Officer b) Purpose To establish a more enlightened and humane correctional systems that will promote the reformation of offenders and thereby reduce the incidence of recidivism.f) Execution and Service i) Probation Law92 a) Definition of terms Probation A disposition under which a defendant. suspend the execution of said sentence and place the defendant on probation for such period and upon such terms and conditions as it may deem best. 968. manner and conditions The court may. as amended 93 Sec. One who investigates for the court a referral for probation or supervises a probationer or both. with notice to the appellate court if an appeal has been taken from the sentence of conviction. Probation may be granted whether the sentence imposes a term of imprisonment or a fine only.D. The penalty does not include fine 92 P. The subsidiary penalty. or e. An application for probation shall be filed with the trial court.95 c. 3 94 WHEREAS clause 95 Sec. Imprisonment and fine. is released subject to conditions imposed by the court and to the supervision of a probation officer.
and Discretionary conditions: The trial court. mental and physical condition of the offender. which approved the application for probation. Probation shall be denied if the court finds that: a) the offender is in need of correctional treatment that can be provided most effectively by his commitment to an institution. the (2) such condition should not be moment any of these is violate. b) convicted of any offense against the security of the State. and 29 . e) Disqualified offenders Those: a) sentenced to serve a maximum term of imprisonment of more than six (6) years. antecedents. d) who have been once on probation under the provisions of this Decree. or b) there is undue risk that during the period of probation the offender will commit another crime.The probation law imposes two kinds of conditions Mandatory conditions 1) The convict must report to the Probation Officer (PO) designated in the court order approving his application for Probation within 72 hours from receipt of Notice of such order approving his application. environment. may impose any condition which may be constructive to the correction of the offender. conscience of the probationer. and available institutional and community resources. the probation is incompatible with the freedom of cancelled. unduly restrictive of the probationer. provided the same would not violate the constitutional rights of the offender and 2) The convict. must report subject to this two (2) restrictions: to the PO at least once a month during the period of probation unless sooner required by (1) the conditions imposed should not be the PO. or c) probation will depreciate the seriousness of the offense committed. d) Criteria of placing an offender on probation The court shall consider all information relative to the character. as a probationer. c) who have previously been convicted by final judgment of an offense punished by imprisonment of not less than one month and one day and/or a fine of not less than Two Hundred Pesos. and These conditions being mandatory.
computed at the rate established in Art. which may be informal and summary. once arrested and detained. the court may issue a warrant for the arrest of a probationer for violation of any of the conditions of probation. 39 of the Revised Penal Code (Sec. 14) 98 Sec. b) Sentence imposes a fine only and the Not less than nor more than twice the total of days of subsidiary offender is made to serve subsidiary number imprisonment. The probationer.96 f) Period of probation a) Sentenced to a term of imprisonment of Not to exceed two (2) years. If revoked. shall immediately be brought before the court for a hearing.e) who are already serving sentence at the time the substantive provisions of this Decree became applicable. exceptions After the period of probation and upon consideration of the report and recommendation of the probation officer.98 h) Termination of probation. An order revoking the grant of probation or modifying the terms and conditions thereof shall not be appealable. 9. The final discharge of the probationer shall operate to restore to him all civil rights lost or suspend as a result of his conviction and to fully discharge his liability for any fine imposed as to the offense for which probation was granted. the court may order the final discharge of the probationer upon finding that he has fulfilled the terms and conditions of his probation and thereupon the case is deemed terminated. 30 . g) Arrest of probationer At any time during probation.97 imprisonment in case of insolvency. If the violation is established. said period shall not exceed six (6) years. 15. the court may revoke or continue his probation and modify the conditions thereof. The defendant may be admitted to bail pending such hearing. 96 97 Sec. not more than one (1) year In all other cases. of the violation charged. the provisions regarding release on bail of persons charged with a crime shall be applicable to probationers arrested under this provision. In such a case. the court shall order the probationer to serve the sentence originally imposed.
101 ii) Juvenile Justice and Welfare Act of 2006. diversion.D. id. which provides child-appropriate proceedings. 16 R. 603. 106 Art. cannot afford to post the bond. During the trial of his case. 9344 103 P. or even if bailable.The probationer and the probation officer shall each be furnished with a copy of such order. he is detained in jail. 9165 101 Sec.106 99 Sec. 29 of the RPC (period of preventive imprisonment deducted from term of imprisonment) is applicable to both divisible and indivisible penalties because said article did not make any distinctions.99 i) The Comprehensive Dangerous Drugs Act of 2002100 Any person convicted for drug trafficking or pushing under this Act. 102 R. re-integration and aftercare to ensure their normal growth and development. regardless of the penalty imposed by the Court. cannot avail of the privilege granted by the Probation Law or Presidential Decree No. as amended. He is known as detention prisoner. 24. 100 31 .A. 968. rehabilitation.102 also refer to Child and Youth Welfare Code103 a) Definition of child in conflict with the law104 b) Exemption from criminal liability105 c) Juvenile justice and welfare system A system dealing with children at risk and children in conflict with the law. g) Distinguished from preventive imprisonment Preventive imprisonment is the incarceration undergone by a person accused of a crime which is not bailable.A. including programs and services for prevention. as amended 104 supra 105 ibid.
110 One (1) year. 110 Except those punishable by arresto mayor . Six (6) months Two (2) months 107 108 See Reyes. Modification and Extinction of Criminal Liability a) Prescription of crimes It is the forfeiture or loss of the right of the State to prosecute the offender or file criminal action after the lapse of a certain period of time. Ten (10) years. and shall commence to run again when such proceedings terminate without the accused being convicted or acquitted.108 The period shall be interrupted by the filing of the complaint or information. or are unjustifiably stopped from any reason not imputable to him. reclusion temporal Crimes punishable by other afflictive penalties Correctional penalty Libel or other similar offenses Oral defamation and slander by deed Light offenses Fifteen (15) years. Revised Penal Code. reclusion perpetua or Twenty (20) years.five (5) years 32 .107 The period of prescription shall commence to run from the day of discovery of the crime by the offended party.109 Crimes punishable by death. Book I Art.6. the authorities or their agents. 91 109 Ibid.
92 113 An act of grace which exempts the individual on whom it is bestowed from the punishment which the law inflicts for the crime he has committed (De Leon vs. must have been imposed by final judgment. concubinage. 31 Phil 60).b) Prescription of penalties The loss or forfeiture of the right of the State to execute the final sentence of conviction after the lapse of a certain period of time. acts of lasciviousness. usually for a political offense. seduction or abduction when granted before the institution of the criminal action also extinguishes criminal liability. in cases of adultery. if it is the husband who is the offender.116 111 112 Twenty (20) years Fifteen (15) years Ten (10) years.111 One (1) year. 114 Art. The penalty. 344 115 Sec. rape. 8353. 2 33 . 112 Except the penalty of arresto mayor – five (5) years. to be subject of prescription. Death and reclusion perpetua Other afflictive penalties Correctional penalties Light penalties c) Pardon113 by offended party Only extinguishes civil liability. It cannot include civil liability which the offender must pay. Art.A. the subsequent forgiveness by the wife shall extinguish the criminal action or the penalty except when the marriage is void ab initio. in the crime of rape. the act of sovereign power officially forgiving certain classes of persons who are subject to trial but have not yet been convicted. e) Amnesty A pardon extended by the government to a group or class of persons. Of Prisons.114 Under R. However. Dir. It is granted only after conviction and may be extended to any of the offenders.115 d) Pardon by the Chief Executive Extinguishes criminal liability of the offender.
117 Thus. Art. 9 Ed. 642 th 34 . et al. et al. 82 Phil.Needs concurrence of congress. it so overlooks and obliterates the offense with which he is charged that the person released by amnesty stands before the law precisely as though he had committed no offense. It looks backward and abolishes and puts into oblivion the offense itself. Fernandez. 89 says ―xxx by amnesty which completely extinguishes the penalty and all its effects. Barroquinto..‖ 116 117 Black’s Law Dictionary.
Filipino citizens can commit treason outside the Philippines. Confession of the accused in open court. Because the law requires that 2 witnesses see the same overt act. 114 Treason: breach of allegiance to the government. which weaken and tend to weaken the power of the same Adherence and giving aid or comfort must concur together. b. The offender either – 1. b. they cannot be regarded as (1) separate crimes or (2) as complex with treason. 35 . levies war against the govt. There is a war in which the Philippines is involved. Y later saw the arms unloaded in a warehouse. superior strength and treachery are circumstances inherent in treason.Book II 1. b) for the purpose of executing a treasonable design by force (deliver the country in whole or in part to the enemy) Treason cannot be proved by circumstantial evidence or by extra-judicial confession of the accused Actual hostilities may determine the date of the commencement of war. offender can be prosecuted. Adherence may be proved by: (1) one witness.119 or 118 Art. But no need for declaration of war Levying of war: a) that there be an actual assembling of men. committed by a person who owes allegiance to it. Only Filipino citizens or permanent resident aliens can be held liable c. not sufficient to convict yet. On Citizenship: a. not aggravating. Acts which strengthen or tend to strengthen the enemy in the conduct of war against the traitor’s country or that . But membership in the police force during the occupation is not treason. therefore. Evident premeditation. Treason is a continuing crime. only in times of war – actual hostilities. At this stage. enhances forces of the enemy country. Example: X saw arms landed in La Union and loaded into a motor vehicle. Will X + Y be sufficient witnesses to convict? Answer: No. Ways of proving treason: a. But that of an alien must be committed in the Philippines. c. Alien: with permanent resident status from the BID – it is neither the length of stay in the Philippines nor the marriage with a Filipino that matters. When killings and other common crimes are charged as overt act of treason. and are. The offender owes allegiance to the Government of the Philippines b. (2) from the nature of the act itself. Treason cannot be committed in times of peace. mere attempt consummates the crime Giving aid or comfort – material element. 2 witnesses testifying to same overt act. Crimes Against National Security Crimes Treason118 Elements a. Even after the war. (3) from the circumstances surrounding the act. No such thing as attempted treason.
During trial.actual assembling of men 3. In times of war b. adheres to the enemies. it is already conspiracy 36 . 115. breach of allegiance 2. simply saying “I’m guilty” is not enough. 2 or more persons come to an agreement to 1. court will ask if the accused understands is plea.breach of allegiance 2.adherence 3. If the other accepts.for the purpose of executing a reasonable design 120 1. even if assisted by counsel is not enough. a. he can still confess in open court by stating the particular acts constituting treason. c. levy war against the govt. giving them aid and comfort120 Conspiracy to commit treason121 a. adhere to the enemies and to give them aid or comfort. proposes its execution to some other person/s. giving aid or comfort to the enemy 121 Art.2. or 2. 119 1. In times of war b. or to adhere to the enemies and to give them aid or comfort. A person who has decided to levy war against the government. Submission of affidavit during trial. Withdrawing plea of “not guilty” during arraignment not necessary If during arraignment he pleads guilty. Proposal to commit treason They decide to commit it. If he has pleaded not guilty already during arraignment. Mere agreement and decisions to commit treason is punishable Mere proposal even without acceptance is punishable too.
RPC states 4 individuals. He conceals or does not disclose and make known the same as soon as possible to the governor or fiscal of the province or the mayor or fiscal of the city in which he resides. He has knowledge of any conspiracy (to commit treason) against the government c. Espionage123 a. PNP Director? Judge Pimentel says any gov’t official of the DILG is OK. which he had in his possession by reason of the public office holds. Entering. transmitting. 123 Art. or naval or military establishments or reservation to obtain any information. warship. place and circumstance – the RPC did not fix time. plans. b. Wiretapping is NOT espionage if the purpose is not something connected with the defense 37 . The offender must be owing allegiance to the government. without authority therefor. 117 Espionage: the offense of gathering.124 122 Art. what if you report to some other high-ranking government official? Ex. and not a foreigner b.Misprision of treason122 a. or losing information respecting the national defense with the intent or reason to believe that the information is to be used to the injury of the Philippines or the advantage of any foreign nation. or information mentioned. Disclosing to the representative of a foreign nation the contents of the articles. What is important is that the information related is connected with the defense system of the Philippines. 116 Offender is punished as an accessory to the crime of treason This crime does not apply if the crime of treason is already committed Crime of omission “To report within a reasonable time” – depends on time. fort. photographs or other data of a confidential nature relative to the defense of the Philippines. 124 Purpose: to gather data Not necessary that Philippines is at war with the country to which the information was revealed. data. It is not conditioned on citizenship.
The offender violates such regulation. There is war in which the Philippines is not involved b. Correspondence with hostile country127 a. Example. or denial of entry into their country. 118 Crime is committed in time of peace. 120 Circumstances qualifying the offense: a. punishable 38 . no need for prohibition If ciphers were not used. notice or information might be useful to the enemy b. In times of war in which the Philippines is involved b.Inciting to war or giving motives for a. There is a regulation issued by competent authority for the purpose of enforcing neutrality c. it must be correspondence with the enemy country Doesn’t matter if correspondence contains innocent matters – if prohibited. X burns Chinese flag. that is already reprisal. offender intended to aid the enemy Hostile country exist only during hostilities or after the declaration of war Correspondence to enemy country – correspondence to officials of enemy country – even if related to you. It is not correspondence with private individual in enemy country If ciphers were used. 126 Art. If China bans the entry of Filipinos into China. 119 Gov’t must have declared the neutrality of the Phil in a war between 2 other countries It is neutrality of the Phil that is violated Congress has the right to declare neutrality 127 Art. intent is immaterial Inciting to war – offender is any person Reprisals is not limited to military action. it could be economic reprisals. Such acts provoke or give occasion for a war involving or liable to involve the Philippines or expose Filipino citizens to reprisals on their persons or property Violation of neutrality126 a. there is a need for prohibition In any case. The offender performs unlawful or reprisals125 unauthorized acts b. The offender makes correspondence with an enemy country or territory 125 Art.
121 Mere attempt consummates the crime There must be a prohibition. 129 Filipino or resident alien 39 . containing notice or information which might be useful to the enemy Flight to enemy’s country128 a. or 2. even if went to enemy country – no violation Alien resident may be guilty here. If none. The offender129 must be owing allegiance to the government c. There is a war in which the Philippines is involved b. The correspondence is either – 1. or carried on in ciphers or conventional signs.occupied by enemy troops c. The offender attempts to flee or go to enemy country d. Which is prohibited by competent authority 128 Art.. prohibited by the govt.
532) b. the crime is not piracy but robbery in the high seas 133 Art. attack or seize that vessel132 or 2. The offenders are not members of its complement or passengers of the vessel c. A vessel is on seas131/Philippine waters the high b. piracy is part of robbery and theft 131 Any waters on the sea coast which are without the boundaries of the low water mark although such waters may be in the jurisdictional limits of a foreign gov’t 132 if committed by crew or passengers. 123 Parricide/infanticide should be included (Judge Pimentel) Murder/rape/homicide/physical injuries must have been committed on the passengers or complement 134 The above may result to qualified mutiny 40 . By seizing the whole or part of the cargo of said vehicles. The offenders – 1. Offenders seized a vessel by boarding or firing upon the same b. or rape. The crime is accompanied by murder.D.134 130 Art. physical injuries. By attacking or seizing a vessel on the high seas or in the Philippine waters (P. They have abandoned their victims without means of saving themselves c.Piracy130 a. its equipment or personal belongings of its complement or passengers Qualified piracy133 a. 122 Two (2) Ways of Committing Piracy: a. seize the whole or part of the cargo of said vessel. its equipment or personal belongings of its complement or passengers Piracy in high seas – jurisdiction is with any court where offenders are found or arrested Piracy in internal waters – jurisdiction is only with Philippine courts For purpose of Anti-Fencing Law. homicide.
equipment. 532 41 . Any attack upon or seizure of any vessel. or the taking away of the whole or part thereof or its cargo.D. The offenders shall be considered as pirates. articles. Any road. bays around. highway and bridges or other parts thereof. the insular shelves.a) Anti-Piracy and Anti. or locomotives or trains for the movement or circulation of persons or transportation of goods. seas. between and connecting each of the Islands of the Philippine Archipelago. irrespective of the value thereof. including territorial sea. including a passenger or member of the complement of said vessel. in Philippine waters. by means of violence against or intimidation of persons or force upon things. irrespective of its depth. committed by any person. Vessel Philippine Highway Piracy 135 P. breadth. such as but not limited to. length or dimension. gulfs. or vehicles. and other submarine areas over which the Philippines has sovereignty or jurisdiction.Highway Robbery135 i) Definition of terms Philippine Waters All bodies of water. Any vessel or watercraft used for transport of passengers and cargo from one place to another through Philippine Waters. or railway or railroad within the Philippines used by persons. the sea-bed. or the personal belongings of its complement or passengers. and all other waters belonging to the Philippines by historic or legal title. passage. or property or both. It shall include all kinds and types of vessels or boats used in fishing. street.
If kidnapping for ransom or extortion. If physical injuries or other crimes are committed as a result or on the occasion thereof.Highway Robbery/Brigandage The seizure of any person for ransom. committed by any person on any Philippine Highway. 136 The penalty is reclusion temporal in its medium and maximum periods. Any person who compels a change in the course or destination of an aircraft of Philippine registry. b. or the taking away of the property of another by means of violence against or intimidation of person or force upon things of other unlawful means. the penalty is reclusion perpetua. the penalty is reclusion temporal in its medium and maximum periods. shall be considered as an accomplice of the principal offenders and be punished in accordance with the Rules prescribed by the Revised Penal Code. Highway Robbery/Brigandage137 c. or rape is committed as a result or on the occasion thereof. such as giving them information about the movement of police or other peace officers of the government. 1 141 An aircraft is in flight from the moment all its external doors are closed following embarkation until any of such doors is opened for disembarkation. murder or homicide is committed as a result or on the occasion of piracy. Aiding pirates or highway robbers/brigands or abetting piracy or highway robbery/brigandage. ii) Punishable acts a. or acquires or receives property taken by such pirates or brigands or in any manner derives any benefit therefrom. or to seize up or usurp the control thereof.138 b) Anti-Hijacking Law139 i) Punishable acts140 a. If physical injuries or other crimes are committed during or on the occasion of the commission of robbery or brigandage. Piracy136 b. the mandatory penalty is death. 6235 140 Sec. 3) 138 Any person who knowingly and in any manner aids or protects pirates or highway robbers/brigands. or when the offenders abandoned the victims without means of saving themselves. extortion or other unlawful purposes. 42 . 4) 139 P.D. It shall be presumed that any person who does any of the acts provided in this Section has performed knowingly. or when the seizure is accomplished by firing upon or boarding a vessel. the penalty is death (Sec. unless the contrary is proven (Sec. or any person who directly or indirectly abets the commission of piracy or highway robbery or brigandage. Any person who compels an aircraft of foreign registry to land in Philippine territory or to seize or usurp the control thereof while it is within the said territory. or murder or homicide. If rape. 137 The penalty is reclusion temporal in its minimum period. while it is in flight141.
D. Coup d' Etat. No. 6235 153 P. 134 145 Art. No. 1866. 134-a 146 Art. A.154 142 143 R. No. Anti-Piracy and Anti-Highway Robbery Law of 1974. No. Crimes Involving Destruction. Kidnapping and Serious Illegal Detention147 f. 1613 150 R.148 or under 1. 248 147 Art. 267 148 Art.145 including acts committed by private persons d. 5207 152 R. 122 144 Art. Toxic Substances and Hazardous and Nuclear Waste Control Act of 3. 6. The Law on Arson149 1990150 2. Acquisition or Disposition of Firearms. D. Decree Codifying the Laws on Illegal and Unlawful Possession. No. D. A. A. Atomic Energy Regulatory and Liability Act of 1968151 4. Dealing in. Murder146 e. Anti-Hijacking Law152 5. Rebellion or Insurrection144 c. No. as amended 43 . Piracy in General and Mutiny in the High Seas or in the Philippine Waters143 b. 6969 151 R.153 and. 532 154 P. 9372 Art.c) Human Security Act of 2007142 i) Punishable acts of terrorism Any person who commits an act punishable under any of the following provisions of the Revised Penal Code: a. Manufacture. Ammunitions or Explosives.A. 324 149 P.
156 2. or assisting in the escape of the principal or conspirator of the crime. 4) The penalty is forty (40) years of imprisonment.159 3. 160 under Arts. four (4) months one day to twenty (20) years of imprisonment. or the effects. concealing.thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace. and without having participated therein. either as principal or accomplice. having knowledge of the commission of the crime of terrorism or conspiracy to commit terrorism. 157 under Art. otherwise known as the Indeterminate Sentence Law. without the benefit of parole as provided for under Act No. Any person who. (c) by harboring.155 ii) Who are liable 1. in order to prevent its discovery.158 cooperates in the execution of either the crime of terrorism or conspiracy to commit terrorism by previous or simultaneous acts. in order to coerce the government to give in to an unlawful demand shall be guilty of the crime of terrorism. or instruments thereof. Persons who conspire to commit the crime of terrorism.160 takes part subsequent to its commission in any of the following manner: crime. (a) by profiting himself or assisting the offender to profit by the effects of the (b) by concealing or destroying the body of the crime.161 155 The penalty is forty (40) years of imprisonment. not being a principal157 or a conspirator. as amended (Sec. 5) The penalty is from seventeen (17) years. 4103. 3) 156 Conspiracy to Commit Terrorism There is conspiracy when two or more persons come to an agreement concerning the commission of the crime of terrorism as defined in Section 3 hereof and decide to commit the same (Sec.. 17 and 18 of the Revised Penal Code (See Reference) 161 Accessory 44 . 17 of the Revised Penal Code 158 as defined in Section 4 thereof 159 Accomplice (Sec. Any person who.
2. Offender is a public officer or employee b. private individuals who conspire with public officers can also be liable. not suffering from violent insanity or any other ailment requiring compulsory confinement in a hospital Grounds for warrantless arrest: a. commission of a crime b. he has not committed any crime or no reasonable ground of suspicion that he has committed a crime b. has been committed b. By detaining a person without legal ground b. Officer must have reasonable knowledge that the person probably committed the crime For escaped prisoner – no need for warrant 163 actual restraint 45 . The detention was without legal grounds 162 Art. violent insanity or other ailment requiring compulsory confinement of the patient in a hospital Without legal grounds: a. He detains a person163 c. Delay in the delivery of detained persons to the proper judicial authorities Detention: when a person is placed in confinement or there is a restraint on his person. Crime is about to be. Legal grounds for the detention of any person: a. Crimes Against the Fundamental Laws of the State Crimes Arbitrary detention162 Elements a. 124 Classes of Arbitrary Detention: a. Though the elements specify that the offender be a public officer or employee. is being.
prosecutors – though technically not a judicial authority. crime is illegal detention 165 Art. Really means delay in filing necessary information or charging of person detained in court. Duty complied with upon the filing of the complaint with the judicial authority (courts. or that there is a proceeding upon a petition for the liberation of such person c. Neither does it affect the legality of the confinement under process issued by the court. he’s considered as one. He has detained a person for some legal ground c. Offender without good reason delays: 1. officers usually ask accused to execute a waiver which should be under oath and with assistance of counsel. for crimes/offenses punishable by correctional penalties.126 Wardens and jailers are the persons most likely to violate this provision Provision does not include legislation 46 . the service of the notice of such order to the 164 Art. May be waived if a preliminary investigation is asked for. 18 hours. He fails to deliver such person to the proper judicial authority within: 1. Does not contemplate actual physical delivery but at least there must be a complaint filed. 12 hours. (Judge Pimentel) Article does not apply when arrest is via a warrant of arrest If offender is a private person. Offender is a public officer or employee b. Such waiver is not violative of the accused’s constitutional right. or their equivalent Delaying release165 a.Delay in the delivery of detained a. or their equivalent 2. for purposes of this article.) The filing of the information in court does not cure illegality of detention. for crimes/offenses punishable by capital punishment or afflictive penalties. Serious and less serious offenses – 7 to 10 days. if detained for crimes/offenses punishable by light penalties. but illegality starts from the expiration of the specified periods without the persons detained having been delivered to the proper judicial authority. There is a judicial or executive order for the release of a prisoner or detention prisoner. To escape from this. Offender is a public officer or employee persons164 b. or their equivalent or 3. What is length of waiver? Light offense – 5 days. 36 hours. 125 Detention is legal in the beginning.
He is not authorized by judicial order to enter the dwelling and/or to make a search therein for papers or other effects c. the proceedings upon a petition for the release of such person Expulsion166 a. He commits any of the following acts: 166 Art. Offender is a public officer or employee b. by expelling a person from the Philippines b. the crime committed is trespass to dwelling (Art 280) When a public officer searched a person “outside his dwelling” without a search warrant and such person is not legally arrested for an offense. destierro. save himself or do some things good for humanity There must be expression that entry is denied or that he is asked to leave Papers and effects need not be part of a crime. 127 2 acts punishable: a. by compelling a person to change his residence The crime of expulsion absorbs that of grave coercion. 128 If the offender who enters the dwelling against the will of the owner thereof is a private individual. will amount to grave coercion. or compels a person to change his residence c. 167 Art. or when sent to prison If X (Filipino) after he voluntarily left. or unjust vexation.prisoner. if there is no violence or intimidation (Art 287) A public officer without a search warrant cannot lawfully enter the dwelling against the will of the owner. or 3. If done by a private person. is refused re-entry – is considered forcing him to change his address here Threat to national security is not a ground to expel or change his address. Does not include undesirable aliens. He is not authorized to do so by law Violation of domicile167 a. He expels any person from the Philippines. the crime committed by the public officer is grave coercion. the performance of such judicial or executive order for the release of the prisoner. Offender is a public officer or employee b. even if he knew that someone in that dwelling is having unlawful possession of opium “Being authorized by law” – means with search warrant. or 2. if violence or intimidation is used (Art 286). 47 .
entering any dwelling against the will of the owner thereof. 3.1. He procures a search warrant c. The gun did not belong to X and the witness had no personal knowledge that there is a gun in that place. Persons who were not respondents were searched 48 . Offender is a public officer or employee Abuse in the service of those legally obtained168 b. searching papers or other effects found therein without the previous consent of such owner. 2. Search warrants obtained and maliciously a. signed by the judge and directed to a public officer. Offender is a public officer or employee b. Tank was used to ram gate prior to announcement that a search will be made c. all details must be with particularity Malicious warrant. There is no just cause a. Example. commanding him to search for personal property described therein and bring it before the court No just cause – warrant is unjustified Search – limited to what is described in the warrant. after having surreptitiously entered said dwelling and after having been required to leave the same. b. Examples: a. X was a respondent of a search warrant for illegal possession of firearms. Abuse. He has legally procured a search warrant c. refusing to leave the premises. A return was made. X owner was handcuffed while search was going-on. He exceeds his authority or uses unnecessary severity in executing the same 168 Article 129 Abuse in the service of warrant or exceeding authority or using unnecessary severity in executing a search warrant legally procured Search warrant is valid for 10 days from its date Search warrant is an order in writing issued in the name of the People.
in the peaceful meeting. interruption. 170 Article 131 Prohibiting or hindering any person from addressing. acts: 1. The owner. or any member of his family. He searches the domicile. Homeowner b. otherwise. 171 e. But if police stops a meeting in a private place because there’s no permit. any petition to the authorities for the correction of abuses or redress of grievances If the offender is a private individual. Latter is preferred for objective determination. papers or other belongings of any person d. the crime is disturbance of public order (Art 153) Meeting must be peaceful and there is no legal ground for prohibiting.g. prohibiting or interrupting. Responsible members of the community (can’t be influenced by the searching party) Validity of the search warrant can be questioned only in 2 courts: where issued or where the case is pending. or dissolving the same171 2. Members of the family of sufficient age and discretion c. without legal ground the holding of a peaceful meeting. dissolving or interrupting that meeting Meeting is subject to regulation Offender must be a stranger. Offender is a public officer or employee b. not punishable under this article The person talking on a prohibited subject at a public meeting contrary to agreement that no speaker should touch on politics may be stopped But stopping the speaker who was attacking certain churches in public meeting is a violation of this article Prohibition must be without lawful cause or without lawful authority Those holding peaceful meetings must comply with local ordinances. and dissolution of peaceful meetings170 a. Example: Ordinance requires permits for meetings in public places. Offender is a public officer or employee b. He performs any of the ff. either alone or together with others. not a participant. He is armed with a search warrant legally procured c. denial of permit in arbitrary manner 49 . officer is liable for stopping the meeting. it’s unjust vexation Interrupting and dissolving a meeting of the municipal council by a public officer is a crime against the legislative body. or two witnesses residing in the same locality are not present Prohibition. hindering any person from joining any lawful association or from attending any of its 169 Article 130 Order of those who must witness the search: a.Searching witnesses169 domicile without a.
during the celebration of any religious ceremony b. Ex. But if done in a private home. mere arrogance or rudeness is not enough 174 for this element. only the place is material 175 deliberate intent to hurt the feelings 50 . 173 Art. Processions and special prayers for burying dead persons but not prayer rallies Acts must be directed against religious practice or dogma or ritual for the purpose of ridicule. 133 because X is a private person. baptism. Offender is any person d. Religious ceremonies or manifestations of any religion are about to take place or are going on c. in a place devoted to religious feelings. The acts must be notoriously offensive to the feelings of the faithful175 c. there is no need for an ongoing religious ceremony Example of religious ceremony (acts performed outside the church). Is X liable? X may be liable under Art. boxed a priest while the priest was giving homily and while the latter was maligning a relative of X. although in other cases. a private person. 133 If in a place devoted to religious purpose. When priest is solemnizing marriage.174 or 2. Mass. no need of religious ceremony. he’s not. a manifestation of religion. but only a meeting of a religious sect. it’s a religious service Religious Worship: people in the act of performing religious rites for a religious ceremony. 172 Art.meetings Interruption worship172 of religious a. He prevents or disturbs the same Offending religious feelings173 a. The acts complained of were performed – 1. There is a deliberate intent to hurt the feelings of the faithful. he is a person in authority. 132 Circumstance qualifying the offense: if committed with violence or threats Reading of Bible and then attacking certain churches in a public plaza is not a ceremony or manifestation of religion. Offender is a public officer or employee b. as mocking or scoffing or attempting to damage an object of religious veneration There must be deliberate intent to hurt the feelings of the faithful. marriage X. directed against religious tenet.
51 . 9372 See Reference 178 Ibid.Crime Nature of Crime Who are Liable If Element Missing Prohibition. If by insider = unjust of fundamental law of Outsiders vexation the state If not religious = tumult or alarms If not notoriously offensive = unjust vexation Interruption Religious Worship Offending the Crime against public Public officers. present him or her before any judge at the latter's residence or office nearest the place where the arrest took place at any time of the day 176 177 R.A. 179 Ibid. Human Security Act of 2007176 (1) Period of detention The provisions of Article 125177 of the Revised Penal Code to the contrary notwithstanding. before detaining the person suspected of the crime of terrorism. The police or law enforcement personnel concerned shall. detained. and taken into custody by the said police. If not tumults = alarms Religious Feeling order private persons. If not by public officer = Interruption and fundamental law of Outsiders tumults Dissolution of the state Peaceful Meeting Crime against the Public officers. deliver said charged or suspected person to the proper judicial authority within a period of three (3) days counted from the moment the said charged or suspected person has been apprehended or arrested. or law enforcement personnel. without incurring any criminal liability for delay in the delivery of detained persons to the proper judicial authorities. any police or law enforcement personnel. who. Crime against the Public officers. The arrest of those suspected of the crime of terrorism or conspiracy to commit terrorism must result from the surveillance under Section 7178 and examination of bank deposits under Section 27179 of this Act. having been duly authorized in writing by the Anti-Terrorism Council has taken custody of a person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism shall. and scandal outsiders If meeting illegal at onset = inciting to sedition or rebellion a.
regional trial court. head banging.or night. the arresting police or law enforcement personnel shall bring the person thus arrested to the residence of any of the officials mentioned above that is nearest the place where the accused was arrested. shall be released immediately181. If the arrest is made during Saturdays. the Sandiganbayan or a justice of the Court of Appeals nearest the place of the arrest. the police or law enforcement personnel shall notify in writing the judge of the court nearest the place of apprehension or arrest: Provided .. whose connection with the terror attack or threat is not established. The judge shall forthwith submit his/her report within three calendar days from the time the suspect was brought to his/her residence or office. Within three days after the detention the suspects. kicking. and jumping on the stomach. 9745 52 .That where the arrest is made during Saturdays. moral or psychological torture by whom and why. to ascertain the identity of the police or law enforcement personnel and the person or persons they have arrested and presented before him or her.A. The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon the police or law enforcement personnel who fails to notify and judge as Provided in the preceding paragraph180. The judge shall then submit a written report of what he/she had observed when the subject was brought before him to the proper court that has jurisdiction over the case of the person thus arrested. provincial or regional official of a Human Rights Commission or judge of the municipal. suspects may not be detained for more than three (3) days without the written approval of a municipal. 180 181 Sec. Sec. Sundays. exhaustion. among other things. holidays or after office hours. In the event of an actual or imminent terrorist attack. such as: (1) Systematic beating. b. holidays or after office hours. 19. Sundays. Immediately after taking custody of a person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism. It shall be the duty of the judge. to inquire of them the reasons why they have arrested the person and determine by questioning and personal observation whether or not the suspect has been subjected to any physical. punching. the written notice shall be served at the residence of the judge nearest the place where the accused was arrested. disability or dysfunction of one or more parts of the body. city. 18. striking with truncheon or rifle butt or other similar objects. The approval in writing of any of the said officials shall be secured by the police or law enforcement personnel concerned within five days after the date of the detention of the persons concerned. 182 R. Anti-Torture Act182 (1) Punishable acts (a) Physical torture is a form of treatment or punishment inflicted by a person in authority or agent of a person in authority upon another in his/her custody that causes severe pain.
acid. and (b) "Mental/Psychological Torture" refers to acts committed by a person in authority or agent of a person in authority which are calculated to affect or confuse the mind and/or undermine a person's dignity and morale. vomit and/or blood until the brink of suffocation. (11) Harmful exposure to the elements such as sunlight and extreme cold. burning by electrically heated rods. etc. (7) Rape and sexual abuse. such as: (i) The administration or drugs to induce confession and/or reduce mental competency. (6) Being tied or forced to assume fixed and stressful bodily position. hot oil. (4) Cigarette burning. (13) The use of psychoactive drugs to change the perception. including the insertion of foreign objects into the sex organ or rectum.(2) Food deprivation or forcible feeding with spoiled food. memory. tongue.. or acids or spices directly on the wound(s). such as: 53 . by the rubbing of pepper or other chemical substances on mucous membranes. ear. or electrical torture of the genitals. (9) Dental torture or the forced extraction of the teeth. (12) The use of plastic bag and other materials placed over the head to the point of asphyxiation. animal or human excreta and other stuff or substances not normally eaten. (8) Mutilation or amputation of the essential parts of the body such as the genitalia. (10) Pulling out of fingernails. alertness or will of a person. (5) The submersion of the head in water or water polluted with excrement. (3) Electric shock. or (ii) The use of drugs to induce extreme pain or certain symptoms of a disease. urine. and (14) Other analogous acts of physical torture.
(8) Causing the torture sessions to be witnessed by the person's family. police or law enforcement officer or senior government official who issued an order to any lower ranking personnel to commit torture for whatever purpose shall be held equally liable as principals. inhuman and degrading treatment or punishment or who cooperated in the execution of the act of torture or other cruel. (5) Preparing a prisoner for a "show trial". creating the belief that he/she shall be summarily executed. execution or other wrongful acts. (4) Prolonged interrogation. (2) Threatening a person(s) or his/her relative(s) with bodily harm. (7) Maltreating a member/s of a person's family. (10) Shame infliction such as stripping the person naked. (3) Confinement in solitary cells or secret detention places. (9) Denial of sleep/rest.183 (2) Who are liable184 Any person who actually participated or induced another in the commission of torture or other cruel. shaving the victim's head or putting marks on his/her body against his/her will. relatives or any third party. and (12) Other analogous acts of mental/psychological torture. (11) Deliberately prohibiting the victim to communicate with any member of his/her family. criminally 54 .(1) Blindfolding. parading him/her in public places. 4. inhuman and degrading treatment or punishment by previous or simultaneous acts shall be liable as principal Any superior military. public display or public humiliation of a detainee or prisoner. (6) Causing unscheduled transfer of a person deprived of liberty from one place to another. The immediate commanding officer of the unit concerned of the AFP or the immediate senior public official of the PNP and other law enforcement agencies shall be 183 184 Sec.
despite such knowledge. owing to the circumstances at the time. inhuman and degrading treatment or punishment shall be committed. abetted or allowed. concealing or assisting m the escape of the principal/s in the act of torture or other cruel. inhuman and degrading treatment or punishment. 55 . inhuman and degrading treatment or punishment and/or destroying the effects or instruments thereof in order to prevent its discovery. or (c) By harboring. That the accessory acts are done with the abuse of the official's public functions.held liable as a principal to the crime of torture or other cruel or inhuman and degrading treatment or punishment for any act or omission. or has been committed by his/her subordinates or by others within his/her area of responsibility and. should have known that acts of torture or other cruel. inhuman and degrading treatment or punishment but failed to prevent or investigate allegations of such act. is being committed. 13. takes part subsequent to its commission in any of the following manner: (a) By themselves profiting from or assisting the offender to profit from the effects of the act of torture or other cruel. during or immediately after its commission. inhuman and degrading treatment or punishment is being committed and without having participated therein. If he/she has knowledge of or.185 185 Sec. Any public officer or employee shall be liable as an accessory if he/she has knowledge that torture or other cruel. either as principal or accomplice. inhuman and degrading treatment or punishment: Provided. whether directly or indirectly. the commission thereof by his/her subordinates. whether deliberately or due to negligence shall also be liable as principals. when he/she has the authority to prevent or investigate allegations of torture or other cruel. or negligence committed by him/her that shall have led. did not take preventive or corrective action either before. assisted. (b) By concealing the act of torture or other cruel.
mere threat of removing Phil is sufficient Rebellion cannot be complexed with any other crime. the crime is of direct assault. exacting contributions or diverting public funds from the lawful purpose for which they have been appropriated (Note: “diverting public funds” is malversation absorbed in rebellion). 4. maintains. Fernando) Person deemed leader of rebellion in case he is unknown: Any person who in fact: a. Merely sympathizing is not participation. heads a rebellion or insurrection. directed the others b. the crime would be separately be punished and would not be embraced by rebellion (People v. not necessary to convict the accused who is in conspiracy w/ others actually taking arms against the gov’t Purpose of the uprising must be shown but it is not necessary that it be accomplished A change of government w/o external participation Rising publicly and taking arms against government – actual participation. purpose is always political Rebellion used where the object of the movement is completely to overthrow and supersede the existing government Insurrection refers to a movement which seeks merely to effect some change of minor importance to prevent the exercise of gov’t authority w/ respect to particular matters or subjects Actual clash of arms w/ the forces of the gov’t. If there is no public uprising. Mere giving of aid or comfort is not criminal in the case of rebellion. Any person who: 1. robbing were done for private purposes or for profit. or 3. it is a continuing crime such along with the crime of conspiracy or proposal to commit such A private crime may be committed during rebellion. It is not limited to hostilities against the armed force. Furthermore. illegal possession of firearms in furtherance of rebellion is distinct from the crime of rebellion. engaging in war against the forces of the government 2. there must be actual participation Not necessary that there is killing. Examples: killing. while holding any public office or employment. which may result in homicide. or ii. without any political motivation. signed receipts and other documents issued in their name d. illegal association are absorbed. Crimes Against Public Order Crimes Rebellion or insurrection186 186 Elements a. possessions of firearms. Public officer must take active part because mere silence or omission not punishable in rebellion It is not a defense in rebellion that the accused never took the oath of allegiance to. Rape. There be – Art. However. Any person merely participating or executing the command of others in rebellion Serious violence is that inflicted upon civilians. promotes 2.2. even if not in furtherance of rebellion cannot be complexed If killing. destroying property or committing serious violence 3. performed similar acts on behalf of the rebels Persons liable for rebellion: i. spoke for them c. takes part therein by: 1. or that they never recognized the government Rebellion cannot be complexed with murder and other common crimes committed in pursuance of the movement to overthrow the government 56 . 134 Success is immaterial. Any person who.
robbing etc. threat. Purpose of seizing or diminishing state power a. to remove from the allegiance to said government or its laws – i. 3. Swift attack b. Purpose of the uprising or movement is either 1. taking arms against the government187 b. for private persons or for profit. would be separately punished and would not be absorbed in the rebellion. Directed against: 1. intimidation.1. or 2. force/violence Art. of any of their powers or prerogatives Coup d e’tat188 a. with or without civilian support or participation f. Accompanied by violence. the territory of the Philippines or any part thereof. duly constituted authorities any military camp or installation communication networks or public utilities other facilities needed for the exercise and continued possession of power d. public uprising and 2. strategy or stealth c. anybody of land. wholly or partially. naval or other armed forces. 187 188 Killing. 134-A 57 . Committed by any person or persons belonging to the military or police or holding any public office or employment. 2. or ii. without any political motivation. Singly or simultaneously carried out anywhere in the Philippines or e. 4. to deprive the chief executive or congress.
Proposes its execution to some other person/s Disloyalty of public officers and a. then there’s disloyalty. 136 Organizing a group of soldiers. 191 Art. If there are no means. Continuing to discharge the duties of their offices under the control of rebels c. For any of the purposes of rebellion c. 2 more persons come to an agreement to rise insurrection189 publicly and take arms against the government b.Conspiracy to commit rebellion or a. 137 Presupposes existence of rebellion Must not be in conspiracy with rebels or coup plotters If there are means to prevent the rebellion but did not resist it. and soliciting funds for the organization show conspiracy to overthrow the gov’t The mere fact of giving and rendering speeches favoring Communism would not make the accused guilty of conspiracy if there’s no evidence that the hearers then and there agreed to rise up in arms against the gov’t Conspiracy must be immediately prior to rebellion If it is during the rebellion. soliciting membership in. 138 Intentionally calculated to seduce others to rebellion There must be uprising to take up arms and rise publicly for the purposes indicated in Art 134 58 . They decide to commit it Proposal to commit rebellion or a. not covered by this The collaborator must not have tried to impose the wishes of the rebels of the people. A person who has decided to rise publicly and insurrection190 take arms the government b. Offender does not take arms or is not in open hostility against the government b. then it is already taking part in it. He incites others to the execution of any of the 189 190 Art. Accepting appointment to office under rebels Inciting to rebellion or insurrection192 a. For any of the purposes of rebellion c. 192 Art. Failing to resist rebellion by all the means in their employees191 power b. no fault If position is accepted in order to protect the people.
or any public thereof from freely exercising its or his functions. or other means outside of legal methods c. other persons participating in the sedition 194 if no public uprising = tumult and other disturbance of public order 195 vis-à-vis rebellion where there must be a taking of arms 59 . Publicly194 2. In rebellion – there must be taking up of arms against the government. to prevent the national government. 139 Sedition: raising of commotion or disturbances in the State. Soldier) Public uprising and the object of sedition must concur Persons liable for sedition: a. Offenders employ any of those means to attain any of the following objects: 1. leader of the sedition. The inciting is done by means of speeches. any act of hate or revenge against private persons or any 193 Art. Offenders rise – 1. writings. Its ultimate object is a violation of the public peace or at least such measures that evidently engenders it. In rebellion – always political Tumultuous – caused by more than 3 persons who are armed or provided with means of violence Preventing public officers from freely exercising their functions In sedition – offender may be a private or public person (Ex. For sedition – sufficient that uprising is tumultuous. They employ force. to commit for any political or social end. Tumultuously195 b. proclamations. emblems. and b. intimidation. Sedition – purpose may be either political or social.acts of rebellion c. or prevent the execution of any administrative order 3. Difference from rebellion – object or purpose of the surprising. to inflict any act or hate or revenge upon the person or property of any public officer or employee 4. banners or other representations tending to the same end Sedition193 a. to prevent the promulgation or execution of any law or the holding of any popular election 2. or any provincial or municipal government.
b. or d. proclamations. writings. cartoons. The inciting is done by means of speeches. proclamations. publishing. which tend to disturb the public peace. 134 199 Purpose: cause commotion not exactly against the government. or circulating scurrilous [vulgar. 142 Acts punished: 1. He incites others to the accomplishment of any of the acts which constitute sedition198 c. banners. which tend to disturb the public peace c. Offender does not take a direct part in the crime of sedition b. for any political or social end. Different acts of inciting to sedition: a. writings. Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches. proclamations. or circulating scurrilous libels against the government or any of the duly constituted authorities thereof. emblems. 3. the safety and order of the government 198 Art.. or other representations tending to the same end. Uttering seditious words or speeches which tend to disturb the public peace. 2. Knowingly concealing such evil practices When punishable: a.199 196 197 hence. or b. Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches. to despoil. when they tend to disturb or obstruct any lawful officer in executing the functions of his office. when they tend to instigate others to cabal and meet together for unlawful purposes c. any person. mean. when they suggest or incite rebellious conspiracies or riots. publishing. when they lead or tend to stir up the people against the lawful authorities or to disturb the peace of the community. Writing. etc. actual disturbance not necessary 60 . emblems. emblems etc. writing. or the national government of all its property or any part thereof Inciting to sedition197 a. even private persons may be offended parties Art. municipality or province. Uttering seditious words or speeches which tend to disturb the public peace or writing.social class196 5. libelous] libels against the government or any of the duly constituted authorities thereof.
or of any provincial board or city or municipal council or board b. attending the meeting of the assembly or any of its committees. constitutional commissions or committees or division thereof. expressing his opinions or 3. or of any provincial board or city or municipal council or board b. Accused may also be punished for contempt 202 Art. intimidation. except in case such member has committed a crime punishable under the code by a penalty higher than prision mayor 61 . 201 Art. he behaves while in the presence of any such bodies in such a manner as to interrupt its proceedings or to impair the respect due it Violation immunity202 of parliamentary a. There be a meeting of Congress or any of its committees. threats. constitutional commissions or committees or divisions thereof. or frauds to prevent any member of Congress from – 1. or from 2. He arrests or searches any member of Congress 200 Art. By using force. Offender who may be any persons prevents such meeting by force or fraud Disturbance of proceedings201 a. By arresting or searching any member thereof while Congress is in a regular or special session. when the defect of the meeting is not manifest and requires an investigation before its existence can be determined. 145 Article partly inoperative because of the 1987 Constitution Acts punishable: a. Offender is a public officer or employee b. Offender does any of the following acts: 1. casting his vote b. he disturbs any of such meetings 2.Acts tending to prevent the a. There be a projected or actual meeting of meeting of congress and similar Congress or any of its committees or bodies200 subcommittees. 144 Complaint must be filed by member of the Legislative body. constitutional commissions or committees or divisions thereof. 143 Chief of Police and mayor who prevented the meeting of the municipal council are liable under Art 143.
is incited to the commission of the crime of treason. gathering or group of persons whether in a fixed place or moving 2. at the time of arrest or search. 204 Art. sedition or direct assault. The member searched has not committed a crime punishable under the code by a penalty higher than prision mayor203 Illegal assemblies204 a. the organizers or leaders of the meeting b. or licensed firearms. persons merely present at the meeting (except when presence is out of curiosity – not liable) Responsibility of persons merely present at the meeting a. rebellion or insurrection. Meeting of the second form 1. gathering or group of persons whether in a fixed place or moving 2. penalty is prision correccional Presumptions if person present at the meeting carries an unlicensed firearm: a. 147 Persons liable: a. considered as leader or organizer of the meeting 205 Art. meeting attended by armed persons b. 146 Not all the persons present at the meeting of the first form of illegal assembly must be armed Persons liable for illegal assembly a. Or for some purpose contrary to public morals 203 1987 constitution: privilege from arrest while congress in session in all offenses punishable by not more than 6 years imprisonment. is in a regular or special session d. purpose of the meeting is to commit acts punishable under the RPC b. Congress. if they are not armed. Meeting. if they carry arms.c. Illegal associations 205 a. penalty is arresto mayor b. like bolos or knives. mere members of the association 62 . Organized totally or partially for the purpose of committing any of the crimes in RPC b. directors and president of the association b. Meeting. Meeting of the first form 1. purpose: to commit any of crimes punishable under the code 3. founders. Audience whether armed or not.
1st form: a. Offender employs force or intimidation. b. The aim of the offender is to attain any of the purposes of the crime of rebellion or any of the objects of the crimes of sedition.207 c. There is no public uprising. 2nd form a. Offender 1. makes an attack, 2. employs force, 3. makes a serious intimidation, or 4. makes a serious resistance. b. The person assaulted is a person in authority or his agent. c. At the time of the assault the person in authority
Art. 148 Direct assault cannot be committed during rebellion. Always complexed with the material consequence of the act (e.g. direct assault with murder) except if resulting in a light felony, in which case, the consequence is absorbed Hitting the policeman on the chest with fist is not direct assault because if done against an agent of a person in authority, the force employed must be of serious character The force employed need not be serious when the offended party is a person in authority (ex. Laying of hands) The intimidation or resistance must be serious whether the offended party is an agent only or a person in authority (ex. Pointing a gun) Even when the person in authority or the agent agrees to fight, still direct assault. When the person in authority or the agent provoked/attacked first, innocent party is entitled to defend himself and cannot be held liable for assault or resistance nor for physical injuries, because he acts in legitimate self-defense There can be no assault upon or disobedience to one authority by another when they both contend that they were in the exercise of their respective duties. When assault is made by reason of the performance of his duty there is no need for actual performance of his official duty when attacked Circumstances qualifying the offense (Qualified Assault): a. when the assault is committed with a weapon b. when the offender is a public officer or employee c. when the offender lays hand upon a person in authority Complex crime of direct assault with homicide or murder, or with serious physical injuries. 207 victim need not be person in authority
or his agent 1. is engaged in the actual performance of official duties,208 or that he is assaulted 2. by reason of the past performance of official duties.209 a. Offender knows that the one he is assaulting is a person in authority or his agent in the exercise of his duties.210 b. There is no public uprising. Indirect assault211 a. A person in authority or his agent is the victim of any of the forms of direct assault defined in Art. 148. b. A person comes to the aid of such authority or his agent. c. Offender makes use of force or intimidation upon such person coming to the aid of the authority or his agent. Disobedience to summons212 a. Refusing without legal excuse to obey summons b. Refusing to be sworn or placed under affirmation c. Refusing to answer any legal inquiry to produce books, records etc. d. Restraining another from attending as witness in such body
motive is not essential motive is essential 210 with intention to offend, injure or assault 211 Art. 149 Indirect assault can be committed only when a direct assault is also committed To be indirect assault, the person who should be aided is the agent (not the person in authority because it is already direct assault, the person coming to the aid of the person in authority being considered as an agent and an attack on the latter is already direct assault). Example. Aiding a policeman under attack. 212 Art. 150
e. Inducing disobedience to a summons or refusal to be sworn Resistance and disobedience to a a. A person in authority or his agent is engaged in person in authority or the agent of the performance of official duty or gives a lawful such person213 order to the offender. b. Offender resists or seriously disobeys such person in authority or his agent. c. The act of the offender is not included in the provisions of Arts. 148, 149 and 150. d. An agent of a person in authority is engaged in the performance of official duty gives a lawful order to the offender.
Art. 151, par. 1 Persons in authority/Agents of persons in authority (Art. 152) Person in Authority – any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board or commission. a. Barangay captain b. Barangay chairman c. Teachers d. Professors e. Persons charged with the supervision of public or duly recognized private schools, colleges and universities f. Lawyers in the actual performance of their professional duties or on the occasion of such performance Agent of Person in Authority – any person who, by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property. a. Barrio councilman b. Barrio policeman c. Barangay leader d. municipal treasurer e. postmaster f. Sheriff g. agents of the BIR h. Malacañang confidential agent i. Any person who comes to the aid of persons in authority Sec. 388 of the Local Gov’t Code provides that “for purposes of the RPC, the punong barangay, sangguniang barangay members and members of the lupong tagapamayapa in each barangay shall be deemed as persons in authority in their jurisdictions, while other barangay officials and members who may be designated by law or ordinance and charged with the maintenance of public order, protection and the security of life, property, or the maintenance of a desirable and balanced environment, and any barangay member who comes to the aid of persons in authority shall be deemed agent of persons in authority.
a. Offender disobeys such agent of a person in authority. b. Such disobedience is not of a serious nature.
Tumults and other disturbances of a. Causing any serious disturbance in a public place, public order215 office or establishment b. Interrupting or disturbing public performances, functions, gatherings or peaceful meetings, if the act is not included in Art 131 and 132216 c. Making any outcry tending to incite rebellion or sedition in any meeting, association or public place d. Displaying placards or emblems which provoke a disturbance of public order in such place e. Burying with pomp the body of a person who has been legally executed. Unlawful use of publication and utterances217 means of a. Publishing or causing to be published, by means unlawful of printing, lithography or any other means of publication as news any false news which may endanger the public order, or cause damage to the interest or credit of the State. b. Encouraging disobedience to the law or to the constituted authorities or by praising, justifying or extolling any act punished by law, by the same means or by words, utterances or speeches
Id., par 2 Art. 153 If the act of disturbing or interrupting a meeting or religious ceremony is NOT committed by public officers, or if committed by public officers they are not participants therein, this article applies. Art 131 and 132 punishes the same acts if committed by public officers who are NOT participants in the meeting The outcry is merely a public disorder if it is an unconscious outburst which, although rebellious or seditious in nature, is not intentionally calculated to induce others to commit rebellion or sedition, otherwise, its inciting to rebellion or sedition. Tumultuous – if caused by more than 3 persons who are armed or provided with means of violence (circumstance qualifying the disturbance/interruption) – “tumultuous in character” 216 Public Officers interrupting peaceful meetings or religious worship 217 Art. 154
or helps the escape of such person221 218 219 Art. periodicals or leaflets which do not bear the real printer’s name or which are classified as anonymous. not the intent 220 Art. Alarms and scandals218 a. publishing or distributing or (causing the same) books. 155 Tumult Charivari – mock serenade or discordant noises made with kettles. he is guilty of evasion of sentence 67 . provided the act is not covered by Art 153. or before they have been published officially d. There is a person confined in a jail or penal establishment. Causing any disturbance or scandal in public places while intoxicated or otherwise. or other explosive within any town or public place. intimidation or bribery.c. designed to deride. Maliciously publishing or causing to be published any official resolution or document without proper authority. Discharging any firearm. tin horns etc. Disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusement d. otherwise. Printing. Offender removes therefor such person. Mitigating circumstance – if it takes place outside the penal establishment by taking the guards by surprise 221 if the escapee is serving final judgment.219 Delivering prisoners from jail220 a. it is illegal discharge What governs is the result. Instigating or taking active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility c. b. pamphlets. 156 Prisoner may be detention prisoner or one sentenced by virtue of a final judgment A policeman assigned to the city jail as guard who while off-duty released a prisoner is liable here It may be committed through negligence Circumstances qualifying the offense – is committed by means of violence. calculated to cause alarm or danger b. rocket. firecracker. insult or annoy Firearm must not be pointed at a person.
roofs or floors c. 157 A continuing offense. gates. 3. breaking doors. mutiny in which he has not participated. unlawful entry (by “scaling”) b. 2. resulting from1. similar catastrophe. false keys. a revolt Disarming the guards is not mutiny 68 . earthquakes or other calamities225 b. There is disorder. violence or intimidation d. conflagration. on the occasion of such disorder or during the mutiny. Offender is a convict by final judgment. earthquake. c. Offender evades the service of his sentence by leaving the penal institution where he is confined. He evades the service of his sentence by escaping during the term if his sentence. b. using picklocks. in no case to exceed 6 months.c. Offender must escape to be entitled to allowance Mutiny – organized unlawful resistance to a superior officer. windows. deceit. Offender is a private individual Evasion of sentence or service222 a. or 5. 222 Art. explosion. or 4. disguise. Offender is a convict by final judgment who is the occasion of disorders. He is serving his sentence which consists in deprivation of liberty223 c.224 Evasion of service of sentence on a. Offenders – not minor delinquents nor detention prisoners If escaped within the 15 day appeal period – no evasion No applicable to deportation as the sentence Flimsy excuse for violating destierro – not acceptable Circumstances qualifying the offense (done thru): a. confined in a penal institution. walls. a sedition. conflagrations. 158 Penalty: an increase by 1/5 of the time remaining to be served under the original sentence. connivance with other convicts or employees of the penal institution 223 destierro included 224 fact of return immaterial 225 Art.
9372 230 supra 231 Ibid. Decree Codifying the Laws on Illegal / Unlawful Possession. Violation of conditional pardon226 a. Offender was a convict. a. c. President has power to arrest. no conviction necessary. 69 . He violated any of the conditions of such pardon. 159 Infringement of conditions/terms of President Condition extends to special laws – violation of illegal voting Offender must have been found guilty of the subsequent offense before he can be prosecuted under this Article.D. insurrection. 8294 228 supra 229 R.A. 226 Art.A. He was granted a conditional pardon by the chief executive.d. b. Dealing in. Offender fails to give himself up to the authorities within 48 hours following the insurance of a proclamation by the chief executive announcing the passing away of such calamity. Human Security Act of 2007229 (1) Punishable acts of terrorism230 (2) Who are liable231 (3) Absorption principle in relation to complex crimes Other crimes committed in the course of acts of terrorism are deemed absorbed either as a means necessary for their commission or as an unintended effect of acts of terrorism. Ammunition or Explosives227 as an element of the crimes of rebellion. reincarnate offender without trial 227 P. Acquisition or Disposition. But if under Revised Admin Code. of Firearms. They cannot be charged as separate offenses in themselves. sedition. as amended by R. Manufacture. 1866. or attempted coup d’etat228 b.
164 This has been repealed by PD 247. Forging the signature of the President c. The great seal of the republic was counterfeited or the signature or stamp of the chief executive was forged by another person. 233 Art. 162 Offender is not the forger/not the cause of the counterfeiting 234 Utter – to pass counterfeited coins. Offender knew of the counterfeiting or forgery. Forging the stamp of the President Using forged signature counterfeit seal or stamp233 or a. others signed it – not the President. Crimes Against Public Interest Crimes Counterfeiting government232 great seal Elements/How committed of a. 70 . Forging the great seal of the Government b. In case of uttering such false or counterfeited coins. he connives with counterfeiters or importers Multilation of coins – importation and utterance236 232 Art. b.4. Making and importing uttering false coins234 and a. Offender either made. c. He used the counterfeit seal or forged signature or stamp. imported or uttered such coins. different design) such as to deceive an ordinary person in believing it to be genuine 236 Art. c. 161 When the signature of the President is forged. deliver or give away Import – to bring to port the same Both Philippine and foreign state coins Applies also to coins withdrawn from circulation Essence of article: making of coins without authority 235 Need not be legal tender Counterfeiting – imitation of legal or genuine coin (may contain more silver. it is not falsification but forging of signature under this article Signature must be forged. There be false or counterfeited coins235 b.
Forging treasury or bank notes – Forging or falsity of treasury/bank notes or importing and uttering238 documents payable to bearer b. Attempted estafa through falsification of an obligation or security of the Phil PNB checks not included here – it’s falsification of commercial document under Article 172 Obligation or security includes: bonds. if it is not a government security. with b. Art. However. 166 Forging – by giving a treasury or bank note or document payable to bearer/order an appearance of a true and genuine document Falsification – by erasing.D. willful defacement b. then the offender may either have violated Article 171 or 172. under Presidential Decree No. certificate of indebtedness. Must be legal tender.Selling of false or mutilated coin. words. burning e. and intent to utter the same. and mutilated coin.. Actually uttering such false or a. 237 Art. actually uttering. drafts for money. 71 . then the crime is punished under Article 166. On the other hand.g. destruction of Central Bank notes and coins Mutilation under the Revised Penal Code is true only to coins. 165 Possession does not require legal tender in foreign coins Includes constructive possession 238 Art. 247. knowing that c. national bank notes. knowing the same to b. Must be intention to mutilate. knowledge it is false or mutilated. sweepstakes money If the falsification is done on a document that is classified as a government security. with intent to utter. falsifying – lotto or sweepstakes ticket. certificate of deposits. checks. tearing d. counterfeiting or altering by any means the figures and letters. It cannot be a crime under the Revised Penal Code to mutilate paper bills because the idea of mutilation under the code is collecting the precious metal dust. knowledge. 2. bills. the acts punishable are: a. coupons. treasury notes. Possession of coin. counterfeited a. 165 Mutilation – to take off part of the metal either by filling it or substituting it for another metal of inferior quality. mutilation is not limited to coins. mutilation c. substituting. to diminish by inferior means (to diminish metal contents). without connivance237 1. be false or mutilated. Foreign notes and coins not included. possession or mutilated by another person. signs contained therein e. Importing of such notes Under this P.
to bearer239 b. which are in the form of obligations and securities issued by the Philippine government as its own obligations. c. and a. At most.” Counterfeiting refers to money. figure or design would amount to forgery. he connived with the forger or importer Illegal possession and use of false treasury or bank notes and other instrument of credit240 a. Notice that mere change on a document does not amount to this crime. or any instrument payable to order or other document of credit not payable to bearer is forged or falsified by another person. That in case of uttering. Generally. By giving to a treasury or bank note or any Art. which under the Revised Penal Code is given a status of money or legal tender. what is used is “forgery. b. Forgery241 239 240 a. number. Uttering of such false or forged obligations and notes in connivance with forgers and importers Counterfeiting. Offender either forged. importing.c. or 2. When what is being counterfeited is obligation or securities. possessing with intent to use any of such forged or falsified instrument. which is given the same status as legal tender. There be an instrument payable to order or other uttering instruments not payable document of credit not payable to bearer. Offender knows that any of those instruments is forged or falsified. imported or uttered such instruments. using any of such forged or falsified instrument. 167 Art. the word “counterfeiting” is not used when it comes to notes. it would only be frustrated forgery. The essence of forgery is giving a document the appearance of a true and genuine document. Not any alteration of a letter. 168 Act sought to be punished: Knowingly possessing with intent to use any of such forged treasury or bank notes 241 Article 169 Forgery under the Revised Penal Code applies to papers. He performs any of these acts – 1. the crime committed is forgery. whether coins or bills. Distinction between falsification and forgery 72 . c. Any treasury or bank note or certificate or other obligation and security payable to bearer.
letters or words. counterfeiting. Art. resolution or ordinance enacted or approved or pending approval by the national assembly or any provincial board or municipal council. The falsification must be committed on a genuine. d. spurious or fabricated legislative document. 169 refers to the falsification and counterfeiting of treasury or bank notes or any instruments payable to bearer or to order. 243 The words "municipal council" should include the city council or municipal board – Reyes 73 . altering by any means the figures. By erasing. 171 on legislative. 171 or 172. the crime is not punished under this article but under Art. Offender alters the same. the appearance of a true and genuine document b. He has no proper authority therefor. or telegraph messages. Falsification is the commission of any of the eight acts mentioned in Art. If committed on a simulated. 170 Accused must not be a public official entrusted with the custody or possession of such document.243 b. or signs contained therein. or private documents. or wireless. A bill. true and authentic legislative document. otherwise. The alteration has changed the meaning of the document.instrument payable to bearer or to order. 242 Art. public or official. substituting. Falsification documents242 of legislative a. 171 applies. commercial. The term forgery as used in Art. c.
There be an intent to imitate. the genuine and the forged. signature or rubric. Such person/s did not in fact so participate in the act or proceeding 4. or an attempt to imitate ii. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate. Making untruthful statements in a narration of facts246 244 246 Art. Requisites: i. or notary public officer. He takes advantage of his official position. He falsifies a document by committing any of the following acts: 1. or notary public. Requisites: i. Legal obligation means that there is a law requiring the disclosure of the truth of the facts narrated. not a conclusion of law.Falsification of documents by a. The two signatures or handwritings. bear some resemblance to each other 2. 171 For one to be held criminally liable. Offender is a public officer. employee. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them. c. Counterfeiting or imitating any handwriting. This kind of falsification may be committed by omission There must be a narration of facts. employee. or ecclesiastical minister244 b. Ex. Must be on a material matter 74 . 3. the untruthful statement must be such as to effect the integrity of the document or to change the effects which it would otherwise produce. Offender caused it to appear in a document that a person/s participated in an act or a proceeding. Residence certificates The person making the narration of facts must be aware of the falsity of the facts narrated by him. and ii.
Requisites: i. that of the genuine original248 or 247 Date must be essential The document must be material to the right created or to the obligation that is extinguished. He has a legal obligation to disclose the truth of the facts narrated by him. Requisites: i. and iv. or different from. Offender makes in a document statements in a narration of facts ii. falsification through negligence The acts of falsification mentioned in this paragraph are committed by a public officer or by a notary public who takes advantage of his official position as custodian of the document. There be an alteration (change) or intercalation (insertion) on a document ii. It can also refer to a public officer or notary who prepared and retained a copy of the document. Making any alteration or intercalation in a genuine document which changes its meaning. It can be a certification purporting to show that the document issued is a copy of the original 75 . The falsification can be done in two ways. or including in such copy a statement contrary to. The perversion or truth in the narration of facts was made with the wrongful intent of injuring a third person 5. Made on a genuine document iii. The change made the document speak something false. (required by law to be done) and iii. 248 if no knowledge. The facts narrated by the offender are absolutely false. 7. Altering true dates247 6. The alteration/intercalation has changed the meaning of the document iv. Issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists.
it is presumed If the falsification of public. Falsification of Public/Official Documents: Prejudice to third persons is immaterial. (Sarep vs. Offender is a private individual or a public officer and use of falsified documents or employee who did not take advantage of his official position. The falsification was committed in any public or official or commercial document. Falsification by private individuals a. Offender committed any of the acts of falsification. 171. no crime of estafa thru falsification of private document 76 . b. 172 Falsification of Private Documents: Prejudice to third party is an element of the offense. Sandiganbayan) 251 essential element. entries which are not found on contrary to. official or commercial documents. Offender knew that a document was falsified by another person. The falsification caused damage251 to a third party or at least the falsification was committed with intent to cause such damage. except those in paragraph 7 and 8. 171 or on record when no such original exists. registry. or different from the original genuine document on file.249 c.8. damage is not essential. hence.250 Falsification of private document245 a. whether they be public official or by private individuals. or official book. it is not necessary that there be present the idea of gain or the intent to injure a third person. He committed any of the acts of falsification enumerated in Art. What is punished under the law is the violation of public faith and the perversion of the truth as solemnly proclaimed by the nature of the document. 249 supra 250 Under this paragraph. Use of falsified document a. 2. what is punished is the violation of public faith and perversion of truth which the document proclaims. enumerated in Art. 245 Art. Introducing in a judicial proceeding: 1. Intercalating any instrument or note relative to the issuance thereof in a protocol. 171. It can also be in the form of a certification to the effect that the document on file contains statements or including in the copy issued. b. The false document is embraced in art. The falsification was committed in any private document c.
cable or telephone message. the use is so closely connected in time with the falsification b. and use of said falsified messages254 1. Falsification of wireless. 172.in any subdivisions nos. Uttering fictitious. 2. to be liable. telegraph. wireless. telegraph. cable. 172. Offender is an officer or employee of the telegraph or telephone message government or an officer or employee of a private corporation. 3. engaged in the service of sending or receiving wireless. Use in any other transaction: 1. or telephone message. 173 The public officer. or telephone message 252 253 intent to cause damage not necessary not in judicial proceedings The user of the falsified document is deemed the author of falsification. cable and telegraph or telephone message 77 . 3. if: a. The use of the documents caused damage to another or at least was used with intent to cause such damage. He used such documents253 4. 171 or in any of subdivisions nos. and telephone messages. uttering fictitious wireless. or ii. telegraph. Offender knew that a document was falsified by another person.252 b. He introduced said document in evidence in any judicial proceeding. a. b. 1 and 2 of art. cable. the user had the capacity of falsifying the document 254 Art. falsifying wireless. cable. Accused commits any of the following acts: i. The false document is embraced in art. 1 and 2 of art. must be engaged in the service of sending or receiving wireless.
cable. or ii. Accused knew that wireless. or that the use thereof was with intent to cause such prejudice. Public officer who issued a false certificate of merit of service. Offender is an officer or employee of the or telephone message government or an officer or employee of a private corporation. cable. 174 257 Such certificate must refer to the illness or injury of a person 258 Art. or telephone message was falsified by any of the person specified in the first paragraph. good conduct. b. telegraph. or telephone message 3. A physician or surgeon has issued a false medical certificate. 175 78 . Falsification of medical a. Physician or surgeon who.2. telegraph. Falsifying wireless. telegraph a. in connection with the certificates. or a public officer has issued a false certificate of merit or service. issued a false certificate257 service and the like256 b. Private individual who falsified a certificate under (a) and (b) Using false certificates258 a. or telephone message. cable or telephone message. Accused commits any of the following acts: i. c. Accused used such falsified dispatch. or a private person had 255 256 supra Art. uttering fictitious wireless. or similar circumstances. telegraph.255 b. The use of the falsified dispatch resulted in the prejudice of a third party. engaged in the service of sending or receiving wireless. cable. Using such falsified message a. falsifying wireless. good conduct or similar circumstances c. certificates of merit or practice of his profession.
259 Art. to any person in authority c. The elements of false pretense is necessary to commit the crime of usurpation of official function. b. a. Possessing with intent to use the instruments or implements for counterfeiting or falsification made in or introduced into the Philippines by another person Usurpation of authority or official functions260 1. to any public office If the offender commits the acts of usurpation as contemplated herein. 261 Foreign government refers to public officers duly authorized to perform governmental duties in the Philippines. he will not be liable under this article because what is attributed against him as a crime of usurpation is in fact one of the elements of committing rebellion. agent or representative of any department or agency of the Philippine gov’t or any foreign gov’t261.falsified any of said certificates. As an officer. dies or marks or other instruments or falsification259 implements for counterfeiting or falsification b. and he does it because he is a rebel and pursuant to the crime of rebellion or insurrection or sedition. Offender knew that the certificate was false. c. By knowingly and falsely representing oneself to be an officer. 176 The implement confiscated need not form a complete set Constructive possession is also punished 260 Art. In usurpation of official functions: It is essential that the offender should have performed an act pertaining to a person in authority A public officer may also be an offender The act performed without being lawfully entitled to do so must pertain: a. The law cannot refer to other foreign governments as its application may bring us to legal problems which may infringe on constitutional boundaries. Manufacturing and possession of a. Not necessary that he performs an act pertaining to a public officer. b. 177 In usurpation of authority: The mere act of knowingly and falsely representing oneself is sufficient. He used the same. to the gov’t b. Making or introducing into the Philippines any intruments or implements for stamps. Offender knowingly and falsely represents himself. 79 . agent or representative of any department or agency of the Philippine government or of any foreign government.
Using fictitious name262 a. a. just enough to conceal the name of the offender. the deception is done momentarily. to conceal a crime. A person under investigation by the police who gives a false name and false personal circumstances. the offender presents himself before the public with another name. that the purpose is only to conceal his identity. Without being lawfully entitled to do so. 263 Art. 3. Pertaining to any person in authority or public officer of the Philippine government or any foreign government. surname. The name of a person refers to his first name. and without being lawfully entitled to do so. upon being interrogated. gov’t or foreign gov’t under the pretense of such official position. all other personal circumstances. Offender conceals – 1. and 2. In the use of fictitious name. or any agency thereof. and c. d. or 3.2. c. Signing fictitious name for a passport 80 . b. 178 What the offender does to violate or commit this act is for him to conceal his true name and other personal circumstances. 262 The name of a person is what appears in his birth certificate. Purpose of the offender is – 1. 2.264 concealing true name263 a. to cause damage to public interest. In concealment of true name. He uses that fictitious name publicly. to evade the execution of a judgment. b. Under pretense of official position. his true name. and maternal name. His only motive in doing so is to conceal his identity. Offender uses a name other than his real name. By performing an act pertaining to any person in authority or public officer of the Phil. Offender performs any act. is guilty of this crime 264 ex. Any other name which a person publicly applies to himself without authority of law is a fictitious name.
uniform or dress is used publicly and improperly. So also. Nature of the crime of false testimony. or influence which the public looks up to. It cannot be committed through reckless imprudence because false testimony requires criminal intent or intent to violate the law is an essential element of the crime. Need not impute guilt upon the accused The defendant must at least be sentenced to a correctional penalty or a fine or must have been acquitted The witness who gave false testimony is liable even if the court did not consider his testimony False testimony . 2. or to deny the same. There be a criminal proceeding. can’t be committed through negligence.is the declaration under oath of a witness in a judicial proceeding which is contrary to what is true. 1. uniform or dress pertains to an office not held by the offender or to a class of persons of which he is not a member. False testimony defendant266 against a a. dignity. no crime is committed. The defendant against whom the false testimony is given is either acquitted or convicted in a final judgment. c. Offender who gives false testimony knows that it is false. Under oath against the defendant therein. a colorable resemblance calculated to deceive the common run of people is sufficient. The insignia. or to alter essentially the truth. The wearing of insignia. or insignia of a non-existing office or establishment is not a crime. 81 . d. badge or emblem of rank of the members of the armed forced of the Philippines or constabulary (now PNP) is punished by Republic Act No. the crime is not committed. When the uniform or insignia is used to emphasize the pageantry of a play or drama or in moving picture films. c. Offender testifies falsely 265 Art. It is necessary that the uniform or insignia represents an office which carries authority. 266 Art. 179 The wearing of a uniform. b. e. If the false testimony is due to honest mistake or error or there was good faith in making the false testimony. b. Said insignia. an exact imitation of a uniform or dress is unnecessary. respect. 180 Requires criminal intent.Illegal use of uniform or insignia265 a. 493. uniform or dress. Offender makes use of insignia.
Perjury: When one testifies falsely before the court.False testimony in favor defendant in a criminal case267 of a. If one testifies falsely in a non-judicial proceeding. by falsely testifying under oath b. b. In false testimony. 181 False testimony by negative statement is in favor of the defendant False testimony need not in fact benefit the defendant A statement of a mere opinion is not punishable Conviction or acquittal is not necessary (final judgment is not necessary). A “competent person authorized to administer an oath” means a person who has a right to inquire into the questions presented to him upon matters under his jurisdiction 82 . The testimony must be malicious and given with an intent to affect the issues presented in the said case False testimony in other cases and An accused made a statement under oath or made perjury in solemn affirmation269 an affidavit upon a material matter. b. the crime is perjury) 269 Art. In a criminal case. The false testimony must be given by the defendant knowing the same to be false. c. If he merely denies the commission of the offense. it is not required that the offender asserts a falsehood on a material matter. 182 Not applicable when testimony given in a special proceeding (in this case. the witness must testify or assert a fact on a material matter with a full knowledge that the information given is essentially contrary to the truth. The testimony must be given in a civil case. d. A person gives false testimony. It is enough that he testifies falsely with deliberate intent. 267 Art. In favor of the defendant. The testimony must be false. c. 183 2 ways of committing perjury: a. e. False testimony in civil cases268 a. The testimony must relate to the issues presented in said case. the crime committed is false testimony. 268 Art. the crime committed is perjury. The false testimony need not influence the acquittal A defendant who voluntarily goes up on the witness stand and falsely imputes the offense to another person the commission of the offense is liable under this article. he is not liable. In perjury. by making a false statement False testimony vs.
the inducer as principal by inducement and the induced party as the principal by direct participation. Offering false evidence270 testimony in a. knowing the testimony is given by the witness to be false. 191 SCRA 86) Perjury is an offense which covers false oaths other than those taken in the course of judicial proceedings False testimony before the justice of the peace during the P. So if the affidavit was made but the same is not required by law. (Diaz vs. The false testimony is not in a judicial proceeding 270 Art.I. and c. authorized to receive and administer oath. The proceedings are either judicial or official. There is a formal offer of testimonial evidence in the proceedings. then good faith or lack of malice is a good defense when one is indicted for the crime of perjury. There is no perjury if the accused signed and swore the statement before a person not authorized to administer oath (People vs. People. The statement or affidavit was made before a competent officer. The mere offer is sufficient. There is no perjury through negligence or imprudence since the assertion of falsehood must be willful and deliberate Because of the nature of perjury. it is sufficient If there is no requirement of law to place the statement or testimony under oath. The witness is able to testify and the offender. 181. as long as it is made for a legal purpose. aside from being such. The sworn statement or affidavit containing the falsity is required by law. The offenders in this case will be charged with perjury. there is no Perjury considering the phrases “oath in cases in which the law so requires” in Article 183. which is the willful and corrupt assertion of a falsehood. even if the allegations are false.a. Even if there is no law requiring the statement to be made under oath. or an affidavit of good moral character to take the bar examination. nevertheless offers the same in evidence. The affidavit or sworn statement must be required by law like affidavit of adverse claim to protect one’s interest on real property. 184 The false witness need not be convicted of false testimony. Art. So if the offeror. Since admittedly perjury can only be committed by means of dolo. In this case. Bella David). He knows that the witness is false and yet he asks him to testify and thereafter offers the testimony in evidence. the crime of perjury is not committed. 184 will not apply. is also the person responsible in inducing or convincing the false witness to lie. 83 . In that statement or affidavit. the person offering the false testimony must have nothing to do in the making of the false testimony. there is no perjury committed through reckless imprudence or simple negligence under Article 365. 182. The applicable article will be Article 180. b. may give rise to the crime of perjury because false testimony in judicial proceedings contemplates an actual trial where a judgment of conviction or acquittal is rendered A person who knowingly and willfully procures another to swear falsely commits subornation of perjury and the witness suborned does testify under circumstances rendering him guilty of perjury. or 183 as the case may be. the accused made a willful and deliberate assertion of a falsehood. The offender in this article knows that the witness to be presented is a false witness or that the witness will lie while testifying. Offender offered in evidence a false witness or false testimony.
c. Monopolies and combinations in restraint of trade272 1. In restraint of trade or commerce or to prevent by artificial means free competition in the market. The offer was made in a judicial or official proceeding. Combination to prevent free a. motor fuel or lubricants c. 2. Accused solicited any gift or a promise from any of the bidders. produced. (People vs. There be a public auction. b. 66 Phil. Accused had the intent to cause the reduction of the price of the thing auctioned. By monopolizing any merchandise or object of trade or commerce. goods of prime necessity 84 . Entering into any contract or agreement or competition in the market taking part in any conspiracy or combination in the form of a trust or otherwise. c. Nevertheless. He knew the witness or the testimony was false. Machinations in public auction271 a. to make transactions prejudicial to lawful commerce b. to increase the market price of any merchandise or object of commerce manufactured. Padol.b. is perjury. The crime committed by one who induces another to testify falsely and the person who agrees and in conspiracy with the inducer. food substance b. 185 272 Art. b. it is a crime defined and punished under the Revised Penal Code. Such gifts or promise was the consideration for his refraining from taking part in that public auction. testifies falsely. d. processed. It is for this reason that subornation of perjury is no longer treated as a specific felony with a separate article of its own. By entering into a contract or agreement or taking part in any conspiracy or combination in the form of a trust or a. 186 The purpose is: a. assembled or imported into the Phil Aggravated if items are: a. or by combining with any other person or persons to monopolize said merchandise or object. 365) 271 Art.
conspiring c. Manufacturer. Monopoly to restrain free competition in the market 4.274 a. Combines. processor d. If the importer has no expertise on the matter such that he has no way of knowing how the fraud was committed. dishonesty is an essential element of the crime.273 c. producer c. Manufacturer. corporation/association b. Therefore. importer Crime is committed by: a. agent/representative c. competition in the market. Purpose is to make transactions prejudicial to lawful commerce or to increase the market price of any merchandise or object of commerce manufactured. it must be shown that the seller knows that the merchandise is misbranded. sells or disposes of any of those articles or merchandise. silver and other precious metals. In order to alter the prices thereof by spreading artificial means free false rumors or making use of any other artifice. 187 To be criminally liable. Offender imports. It is not necessary that there be actual restraint of trade Person/s liable: a. Importation and disposition of falsely marked articles or merchandise made of gold. 3. Hence. the existence of such fact may be seriously considered as a defense. b. To restrain free competition in the market. producer. silver. producer or processor or importer combining. in restraint of trade or commerce or prevent by b. conspiring or agreeing with any person to make transactions prejudicial to lawful commerce or to increase the market price of the merchandise. combining b. processed. or marks or those articles or merchandise fails to indicate the actual fineness or quality of said metals or alloys. it is important to establish that the offender knows the fact that the imported merchandise fails to indicate the actual fineness or quality of the precious metal. assembled or imported into the Philippines a. conspires or agrees with any person. or other precious metals or their alloys275 273 274 It is enough that initial steps are taken. c.otherwise. What the law punishes herein is the selling of misbranded goods made of gold. The stamps. produced. brands. agreeing with another person Also liable as principals: a. manufacturer b. director/manager – who willingly permitted or failed to prevent commission of above offense 275 Art. b. processor or importer of any merchandise or object of commerce. 85 .
including but not limited to Bids that may have been submitted through the electronic system and any and all documents required to be sealed or divulging their contents. suppresses or nullifies or tends to restrict. Offender knows that the said stamp. b. Unduly influencing or exerting undue pressure on any member of the BAC or any officer or employee of the procuring entity to take a particular bidder. For any justifiable and reasonable ground where the award of the contract will not redound to the benefit of the government as defined in the IRR. . The New Public Bidding Law 276 1) Prohibited acts (a) Public officers who commit any of the following acts shall suffer the penalty of imprisonment of not less than six (6) years and one (1) day. 4.c.In addition to the proposed contents of the Invitation to Bid as mentioned under Section 21 of this Act. all bidding documents shall be accompanied by a sworn affidavit of the bidder that he or she or any officer of their corporation in not related to the Head of the Procuring Entity by consanguinity or affinity up to the third civil degree. Open any sealed Bid. Delaying. 5. Splitting of contracts which exceed procedural purchase limits and competitive bidding. declare a failure of bidding. or mark fails to indicate the actual fineness or quality of the metals or alloys.A. If there is prima facie evidence of collusion between appropriate public officers or employees of the Procuring Entity. or c. brand. and awarding of contracts beyond the prescribed periods of Bids or other documents. 2.The Head of the Agency reserves the right to reject any and all Bids. including any act which restricts. 9184 Reservation Clause. suppress or nullify competition. or if the collusion is between or among the bidders themselves. If the BAC is found to have failed in following the prescribed bidding procedures. Failure to comply with the aforementioned 86 . prior to the appointed time for the public opening of Bids or other documents. without justifiable cause. 278 Disclosure of Relations. evaluation and post evaluation of bids. or not award the contract in the following situations: a. or between the BAC and any of the bidders. 276 277 R. opening of bids. the screening for eligibility. a. or between a bidder and a third party. . When the head of the agency abuses the exercise of his power to reject any and all bids as mentioned under Section 41277 of this Act with manifest preference to any bidder who is closely related to him in accordance with Section 47278 of this Act. but not more than fifteen (15) years: 1. 3.
the private individuals shall likewise be liable for the offense. When two or more bidders enter into an agreement which call upon one to refrain from bidding for Procurement contracts. 2. In addition. employ schemes which tend to restrain the natural rivalry of the parties or operates to stifle or suppress competition and thus produce a result disadvantageous to the public. the public officer involved shall also suffer the penalty of temporary disqualification from public office. provision shall be a ground for the automatic disqualification of the bid in consonance with Section 30 of this Act. 4. When two or more bidders agree and submit different Bids as if they were bona fide. including any public officer. or which call for withdrawal of bids already submitted. by himself or in connivance with others.When any of the foregoing acts is done in collusion with private individuals. who conspires with them. Submit eligibility requirements of whatever kind and nature that contain false information or falsified documents calculated to influence the outcome of the eligibility screening process or conceal such information in the eligibility requirements when the information will lead to a declaration of ineligibility from participating in public bidding. 87 . In addition. while the private individual shall be permanently disqualified from transacting business with the government. When a bidder. or which are otherwise intended to secure as undue advantage to any one of them. (c) Private individuals who commit any of the following acts. partnerships or any other business entity in which he has interest of create the appearance of competition that does not in fact exist so as to be adjudged as the winning bidder. When a bidder maliciously submits different Bids through two or more persons. (b) Private individuals who commit any of the following acts. shall suffer the penalty of imprisonment of not less than six (6) years and one (1) day but not more than fifteen (15) years: 1. 3. when they knew that one or more of them was so much higher than the other that it could not be honestly accepted and that the contract will surely be awarded to the pre-arranged lowest Bid. and any public officer conspiring with them. shall suffer the penalty of imprisonment of not less than six (6) years and one (1) day but more than fifteen (15) years: 1. the persons involved shall also suffer the penalty of temporary or perpetual disqualification from public office and be permanently disqualified from transacting business with the government. corporations.
3.A. without just cause or for the purpose of forcing the Procuring Entity to award the contract to another bidder. or to accept and award. performance security. (d) When the bidder is a juridical entity. criminal liability and the accessory penalties shall be imposed on its directors. Anti-Alias Law280 1) Punishable acts No person shall use any name different from the one with which he was registered at birth in the office of the local civil registry or with which he was baptized for the first time. 142 as amended (Ursua case) 88 . radio or other entertainment purposes and in athletic events where the use of pseudonym is a normally accepted practice.A. No. preparatory to the final award of the contract. 1. but not limited to. after it shall have qualified as the Lowest Calculated Bid/Highest Rated Bid. cinema. C.281 The act of using an alias name. Submit Bidding Documents of whatever kind and nature than contain false information or falsified documents or conceal such information in the Bidding Documents.279 b.282 2) Exception As a pseudonym solely for literary. 65. 279 280 Sec. 142 281 Sec.2. television. Withdraw a Bid. or in case of an alien. This shall include the non-submission of requirements such as. unless such alias was duly authorized by proper judicial proceedings and recorded in the civil register. Participate in a public bidding using the name of another or allow another to use one's name for the purpose of participating in a public bidding. 4. in order to influence the outcome of the public bidding. with which he was registered in the bureau of immigration upon entry. 282 There must be a "sign or indication that the user intends to be known by this name (the alias) in addition to his real name from that day forth … *for the use of alias to+ fall within the prohibition contained in C. or such substitute name as may have been authorized by a competent court. officers or employees who actually commit any of the foregoing acts.
Use of Dangerous Drugs. 10.287 5. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. Dive or Resort. 13 293 Sec. Possession of Equipment. Possession of Equipment. Dispensation. Social Gatherings or Meetings. Apparatus and Other Paraphernalia for Dangerous Drugs.291 9.293 11. Instrument. Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. Delivery. The Comprehensive Dangerous Drugs Act of 2002283 i) Punishable acts 1. Maintenance of a Den. 12 292 Sec. Apparatus.294 283 284 R. 9 289 Sec.284 2.289 7.5. 10 290 Sec. 11 291 Sec. Crimes Relative to Opium and other Prohibited Drugs a. Sale.285 3. Possession of Dangerous Drugs290 8. 4 285 Sec. 5 286 Sec. and Other Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. Administration. 14 89 .286 4.A. Instrument. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals288 6. 8 288 Sec. Instrument. Manufacture or Delivery of Equipment. 9165 Sec. Trading. Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. 6 287 Sec. Social Gatherings or Meetings292. Apparatus and Other Paraphernalia for Dangerous Drugs During Parties. Possession of Dangerous Drugs During Parties.
Any person. trade. deliver. dispatch in transit or transport any controlled precursor and essential chemical. 294 295 Sec. who. shall import Philippines any dangerous drug and/or controlled precursor and essential the use of a diplomatic passport. manages or acts as a "financier" of any of the illegal activities prescribed in this Section Any person. unless authorized by law. unless authorized under this Act. the Any person. dispense. who acts as a "protector/coddler" of any violator of the provisions under this Section. who organizes. 16 296 Sec. Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. Any person. diplomatic passport shall be confiscated and canceled. give away to another. unless authorized by law. dispense. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof. Unnecessary Prescription of Dangerous Drugs. or shall act as a broker in any of such transactions. trade. 1.298 ii) Who are liable With respect to No. who. decorative and culinary purposes. shall import or bring into the Philippines any dangerous drug. 17 297 Sec. including any and all species of opium poppy regardless of the quantity and purity involved. 2.296 13. or bring into the chemical through involving his/her In addition. shall sell. administer. 15 Sec. diplomatic facilities or any other means official status intended to facilitate the unlawful entry of the same. give away to another. distribute dispatch in transit or transport any dangerous drug. 19 90 . Any person. Any person. who. 18 298 Sec. regardless of the quantity and purity involved. deliver. shall import any controlled precursor and essential chemical. including any and all species of opium poppy or any part thereof or substances derived therefrom even for floral. unless authorized by law. who. unless authorized by law. distribute. who. or shall act as a broker in such transactions.295 13. Unlawful Prescription of Dangerous Drugs. shall sell.12. administer.297 14. Any person.
produce. dive or resort where any dangerous drug is used or sold in any form. Any person who shall deliver. Any person. unless authorized by law. shall manufacture any controlled precursor and essential chemical. harvest. 3. 5. who acts as a "protector/coddler" of any violator of the provisions under this Section. who acts as a "protector/coddler" of any violator of the provisions under this Section. dive. or manufacture with intent to deliver equipment. contain or conceal any dangerous drug and/or controlled precursor and essential chemical in violation of this Act. manages or acts as a "financier" of any of the illegal activities prescribed in this Section. or resort where any controlled precursor and essential chemical is used or sold in any form. 4. that it will be used to plant. who acts as a "protector/coddler" of any violator of the provisions under this Section. Any person. Any person. pack. Any person or group of persons who shall maintain a den. unless authorized by law. or under circumstances where one reasonably should know. store. apparatus and other paraphernalia for dangerous drugs. 91 . manages or acts as a "financier" of any of the illegal activities prescribed in this Section. Any person. grow. who organizes. Any person or group of persons who shall maintain a den. propagate. instrument. Any person. process. convert. prepare. analyze. knowing. possess with intent to deliver. repack. manufacture. who. manages or acts as a "financier" of any of the illegal activities prescribed in this Section. apparatus and other paraphernalia for dangerous drugs. Any person who organizes. cultivate. Any person. who. who uses a minor or a mentally incapacitated individual to deliver such equipment. Any person. who. Any person who organizes. test. instrument. compound.Drug pushers who use minors or mentally incapacitated individuals as runners. or in any other capacity directly connected to the dangerous drugs and/or controlled precursors and essential chemical trade. unless authorized by law. couriers and messengers. Any person. shall engage in the manufacture of any dangerous drug. 6. shall illegally divert any controlled precursor and essential chemical.
who. manufacturer. administering. instrument. who. who is found to be positive for use of any dangerous drug. Any person. wholesaler. Any person. Any person found possessing any dangerous drug during a party. distributor. social gatherings or meetings. consuming. unless authorized by law. after a confirmatory test. shall possess or have under his/her control any equipment. A person apprehended or arrested. consuming. who acts as a "protector/coddler" of any violator of the provisions under this Section. 12. shall make or issue a prescription or any other writing purporting to be a prescription for any dangerous drug. instrument. Any practitioner. 10. Any person. or introducing any dangerous drug into the body. cultivate or culture marijuana. injecting. Any person. apparatus and other paraphernalia fit or intended for smoking. 299 300 Program for Treatment and Rehabilitation of Drug Dependents Records Required for Transactions on Dangerous Drug and Precursors and Essential Chemicals 92 . who. who organizes. or introducing any dangerous drug into the body: 9. who shall plant. 14. administering. … subject to the provisions of Article VIII299 of this Act. manages or acts as a "financier" of any of the illegal activities prescribed in this Section. unless authorized by law. 11. shall possess any dangerous drug in the quantities mentioned. which is or may hereafter be classified as a dangerous drug or as a source from which any dangerous drug may be manufactured or derived Any person. Any person. or in the proximate company of at least two (2) persons. or at a social gathering or meeting. who shall possess or have under his/her control any equipment.7. opium poppy or any other plant regardless of quantity. regardless of the degree of purity thereof: 8. during parties. injecting. Any person. 13. apparatus and other paraphernalia fit or intended for smoking. importer. unless authorized by law. ingesting. or in the proximate company of at least two (2) persons. dealer or retailer who violates or fails to comply with the maintenance and keeping of the original records of transactions on any dangerous drug and/or controlled precursor and essential chemical in accordance with Section 40300 of this Act. ingesting.
15. trading. id. or any information leading to the whereabouts. (2) Such information and testimony are not yet in the possession of the State. and 16. 11. Conditions: (1) The information and testimony are necessary for the conviction of the persons described above. 10. delivery. distribution and transportation of any dangerous drug and/or controlled precursor and essential chemical. 26. 6. 303 id. and who willingly testifies against such persons as described above. 13. administration. effect on liability Any attempt or conspiracy to commit the following unlawful acts shall be penalized by the same penalty prescribed for the commission of the same as provided under this Act: (a) Importation of any dangerous drug and/or controlled precursor and essential chemical. 12. shall be exempted from prosecution or punishment for the offense with reference to which his/her information of testimony were given. dive or resort where any dangerous drug is used in any form.301 (iv) Immunity from prosecution and punishment Any person who has violated Sections 7. (4) the informant or witness has not been previously convicted of a crime involving moral turpitude. dispensation. except when there is no other direct evidence available for the State other than the information and testimony of said informant or witness. and may plead or prove the giving of such information and testimony in bar of such prosecution.302 Article II of this Act. (c) Maintenance of a den. and (e) Cultivation or culture of plants which are sources of dangerous drugs. (d) Manufacture of any dangerous drug and/or controlled precursor and essential chemical.iii) Attempt or conspiracy. 5. and 301 302 Sec. who voluntarily gives information about any violation of Sections 4. (3) Such information and testimony can be corroborated on its material points. 8. 93 . 14. identities and arrest of all or any of the members thereof. (b) Sale.303 Article II of this Act as well as any violation of the offenses mentioned if committed by a drug syndicate. and 19.
33 94 . finally. That this immunity may be enjoyed by such informant or witness who does not appear to be most guilty for the offense with reference to which his/her information or testimony were given: Provided. further. Provided.(5) The informant or witness shall strictly and faithfully comply without delay. reduced into writing.304 304 Sec. any condition or undertaking. lawfully imposed by the State as further consideration for the grant of immunity from prosecution and punishment. That there is no direct evidence available for the State except for the information and testimony of the said informant or witness.
Mere nudity in paintings and pictures is not obscene Pictures w/ a slight degree of obscenity having no artistic value and intended for commercial purposes fall within this article Publicity is an essential element 95 . it is sufficient if in public place. They are committed publicly and thus. A matter can also be considered obscene if it shocks the ordinary and common sense of men as indecency. 307 Art. Crimes Against Public Morals Crimes Grave scandal305 Elements/Persons liable Offender performs an act a. obscene a. 200 Grave scandal: consists of acts which are offensive to decency and good customs. it may occur even in a private place. For public knowledge.306 Immoral doctrines. Highly scandalous conduct does not expressly fall within any other article of the RPC c. Owners or operators of establishments selling obscene literature 305 Art. etc Customs: refers to established usage. Art 200 is not applicable The essence of grave scandal is publicity and that the acts committed are not only contrary to morals and good customs but must likewise be of such character as to cause public scandal to those witnessing it. published with their knowledge in any form c. 201 Morals: implies conformity to generally accepted standards of goodness or rightness in conduct or character Test of obscenity: whether the matter has a tendency to deprave or corrupt the minds of those who are open to immoral influences. the number of people who sees it is not material).6. Committed in a public place or within the public knowledge or view. 306 The public view is not required. Those who publicly expound or proclaim doctrines publications and exhibitions307 that are contrary to public morals b. Editors publishing such obscene literature d. give rise to public scandal to persons who have accidentally witnessed the acts Decency: means properly observing the requirements of modesty. Highly scandalous as offending against decency or good customs b. Authors of obscene literature. social conventions carried on by tradition and enforced by social disapproval in case of violation If the acts complained of are punishable under another provision of the RPC. good taste.
Persons tramping or wandering around the country or the streets with no visible means of support d. Those who sell. scenes. sculptures or literature which are offensive to morals Vagrants a.e. Those who exhibit indecent or immoral plays. distribute. Those who have no apparent means of subsistence and who have the physical ability to work yet neglect to apply themselves to some useful calling b. Persons found loitering in inhabited or uninhabited places belonging to others. cinemas or any other place f. fairs. Prostitutes308 Women who habitually indulge in sexual intercourse or lascivious conduct for money or profit310 308 309 Art. acts or shows ion theaters. engraving. Idle or dissolute persons lodging in houses of illfame e. Ruffians or pimps and those who habitually associate with prostitutes309 f. Persons found loitering around public and semipublic places without visible means of support and c. without any lawful or justifiable reason provided the act does not fall within any other article of the RPC. or exhibit prints. 202 may include even the rich 310 if a man indulges in the same conduct: vagrancy 96 .
Offender is a judge b. Renders a judgment in a case submitted to him for decision c. Performs public duties as an employee. temporary performance by a laborer of public functions makes him a public officer Misfeasance: means improper performance of an act which might be properly be performed Malfeasance: means performance of an act which ought not to be done Nonfeasance: means omission of an act which ought to be done 312 Art. or not supported by the evidence. agent or subordinate official in the gov’t or any of its branches. Judgment is unjust d. 204 Judgment: is a final consideration and determination by a court of competent jurisdiction of the issues submitted to it in an action or proceeding Unjust judgment: one which is contrary to law. Due to inexcusable negligence or ignorance 311 Art. Takes part in the performance of public functions in the Government. Renders a judgment in the case submitted to him for judgment c.7. Judgment is manifestly unjust d. 313 Art. or both An unjust judgment may result from: error (with bad faith) ill-will or revenge bribery There must be evidence that the decision rendered is unjust. Public officers: embraces every public servant from the lowest to the highest rank A government laborer is not a public officer. Knowledge that the decision is unjust Judgment rendered negligence313 through a. Offender is a judge judgment312 b. Crimes Committed by Public Officers 311 Crimes Elements/Persons liable Knowingly rendering an unjust a. or b. However. 203 Public officer a. It is not presumed Abuse of discretion or mere error of judgment cannot likewise serve as basis for rendering an unjust judgment in the absence of proof or even an allegation of bad faith (motive or improper consideration). 205 Manifestly unjust judgment: one that is so contrary to law that even a person having meager knowledge of the law cannot doubt the injustice 97 .
206 Interlocutory order: one issued by the court deciding a collateral or incidental matter. b. c. It is not a final determination of the issues of the action or proceeding 315 Art. conceals. 208 Prevaricacion: negligence and tolerance in the prosecution of an offense There must be a duty on the part of the public officer to prosecute or move for the prosecution of the offender. the delay is caused by the judge with deliberate intent to inflict damage on either party in the case. He delays the administration of justice. Offender is a judge. Offender is a judge. 207 Mere delay without malice is not punishable 316 Art. Dereliction of duty in prosecution of offenses316 the a. b. he tolerates its commission (if gift/promise is a consideration for his conduct: direct bribery) 98 . The delay is malicious. There is dereliction of the duties of his office317 c. b. Offender is a public officer or officer of the law who has a duty to cause the prosecution of. that a fiscal is under no compulsion to file an information based upon a complaint if he is not convinced that the evidence before him does not warrant filing an action in court The crime must be proved first before an officer can be convicted of dereliction of duty A public officer who harbors. d. Offender acts with malice and deliberate intent to 314 Art. Malicious delay in administration or justice315 the a.Unjust interlocutory order 314 a. when it is his duty to prosecute him is liable as principal in the crime of dereliction of duty in the prosecution of offenses. or unjust interlocutory 2. that is. or assists in the escape of an offender. He performs any of the following acts: 1. renders a manifestly unjust interlocutory order or decree through inexcusable negligence or ignorance. knowingly renders order or decree. There is a proceeding in his court. He is not an accessory Article not applicable to revenue officers 317 that is. he does not cause (a) the prosecution of the criminal or (b) knowing that a crime is about to be committed. Note however. knowing the commission of the crime. or to prosecute offenses.
Causing damage to client319 either solicitor318 1. An accepted offer or promise of a gift is sufficient. arbitrators. Bribery exists when the gift is: a. by any malicious breach of professional duty. 209. by inexcusable negligence or ignorance. voluntarily offered by a private person b. In direct bribery however. 322 Art. b. A private person may commit this crime only in the case in which custody of prisoners is entrusted to him Applicable also to assessors. prejudice is essential 320 damage not necessary 321 id.321 Direct bribery322 a. appraisal and claim commissioners. 210 For purposes of this article. Not necessarily a public officer although all lawyers are officers of the court.323 318 319 Art. he shall be liable for the penalty corresponding to the crime The third type of bribery and prevaricacion are similar offenses. Revealing any of the secrets of his client learned by him in his professional capacity320 c. property or services If the act required of the public officer amounts to a crime and he commits it.favor the violator of the law. or 2. both consisting of omissions to do an act required to be performed. This is not necessary in prevaricacion 323 supra 99 . only the person offering the gift is liable for attempted corruption of a public officer The gift must have a value or capable of pecuniary estimation. solicited by the public officer and voluntarily delivered by the private person c. a gift or promise is given in consideration of the omission. Betrayal of trust by an attorney or a. However. experts or any other person performing public duties Cannot be frustrated. Offender be a public officer within the scope of Art 203. if the offer is not accepted. temporary performance of public functions is sufficient to constitute a person a public officer. only attempted or consummated. solicited by the public officer but the private person delivers it out of fear of the consequences should the public officer perform his functions (here the crime by giver is not corruption of public officials due to involuntariness) Actual receipt of the gift is not necessary. It could be in the form of money. Undertaking the defense of the opposing party of the 1st client and/or having received confidential information from the latter and without the latter’s consent.
c. to refrain from doing something which is his official duty to do.D. but the act must be unjust. in consideration of an execution if an act which does not constitute a crime. 211 The gift is given in anticipation of future favor from the public officer There must be clear intention on the part of the public officer to take the gift offered and consider the property as his own for that moment. He accepts gifts. Qualified bribery328 a. Offender is a public officer. The act which the offender agrees to perform or which he executes be connected with the performance of his official duties Indirect bribery327 a.326 or 3.b. Such offer or promise be accepted or gift/present received by the public officer324 1. the officer agrees to perform or refrain from doing an act in consideration of the gift or promise. including Christmas are liable under P. it is not necessary that the officer do any act. Offender accepts an offer or promise or receives a gift or present by himself or through another c. Said gifts are offered to him by reason of his office. circumstance or act to show such acceptance is not sufficient to convict the officer There is no attempted or frustrated indirect bribery The principal distinction between direct and indirect bribery is that in the former. with a view to committing some crime325 or 2. The criminal penalty or imprisonment is distinct from the administrative penalty of suspension from the service 328 Art. 211-A 100 . In the latter case. 46. Mere physical receipt unaccompanied by any other sign. Public officer entrusted with law enforcement 324 325 mere agreement consummates the crime delivery of consideration is not necessary 326 delivery of consideration is necessary 327 Art. b. It is sufficient that he accepts the gift offered by reason of his office Public officers receiving gifts and private persons giving gifts on any occasion. d.
that is.D. 1 Notes: a. informant has been previously convicted of a crime involving moral turpitude 331 Art. par. the crime is direct bribery Art. information refers to consummated violations b. promise or gift Corruption of public officials330 a. c. The public officer must act in his official capacity b. Offender is a public officer. the information and testimony are not yet in the possession of the State d. he intervened in the transaction in his official capacity. 212 The offender is the giver of the gift or the offeror of the promise. 749. 329 330 if lower penalty than stated. In consideration of any offer. or (c) the adjustment or settlement of account relating to a public property or funds.b. under circumstances that will make the public officer liable for direct bribery or indirect bribery Frauds against public treasury331 a. 213. He offers or promises are made or the gifts or presents given to a public officer. b. necessity of the information or testimony c. d. Offender makes offers or promises or gives gifts or present to a public officer. information and testimony can be corroborated on its material points e. Accused had intent to defraud the government. Refrains from arresting/prosecuting offender for crime punishable by reclusion perpetua and/or death329 c. The act may or may not be accomplished Under P. The felony is consummated by merely entering into an agreement with any interested party or speculator or by merely making use of any scheme to defraud the Government 101 . He entered into an agreement with any interested party or speculator or made use of any other scheme with regard to (a) furnishing supplies (b) the making of contracts. He should have taken advantage of his office. givers of bribes and other gifts as well as accomplices in bribery and other graft cases are immune from prosecution under the following circumstances: a. b.
failing voluntarily to issue a receipt.Illegal exactions332 a. 215 Examples of transactions of exchange or speculation are: buying and selling stocks. as provided by law. Collecting or receiving. The essence is the improper collection (damage to gov’t is not required) If sums are received without demanding the same. 332 Mere demand of a larger or different amount is sufficient to consummate the crime. He is guilty of any of the following acts or omissions: 1. He commits any of the frauds or deceits enumerated in Arts. land etc. commodities. b. However. b. directly or indirectly the payment of sums different from or larger than those authorized by law. things or objects of a nature different from that provided by law. demanding. c. the crime is indirect bribery When there is deceit in demanding larger fees. Offender is a public officer entrusted with the collection of taxes. if the sum is given as a sort of gift or gratification. regularly buying securities for resale is speculation 102 . Other frauds333 a. fees and other imposts. or 3. He takes advantage of his official position. directly or indirectly. licenses. wherein one hopes to take advantage of an expected rise or fall in price Purchasing of stocks or shares in a company is simple investment and not a violation of the article. 315 and 316. Offender is an appointive public officer. by way of payment or otherwise. a felony under this article is not committed. swindling 335 Art.334 Prohibited transactions335 a. Offender is a public officer. for any sum of money collected by him officially. the crime committed is estafa May be complexed with malversation Officers and employees of the BIR or Customs are not covered by the article The NIRC of Administrative Code is the applicable law 333 Art. 214 RTC has jurisdiction over the offense because the principal penalty is disqualification 334 estafa. or 2. However.
c. approximating fraud or malice The measure of negligence to be observed is the standard of care commensurate with the occasion When malversation is not committed through negligence. or the obligation to account for them. directly or indirectly. arbitrators and private accountants – in any contract or transaction connected with the estate or property in the approval. Malversation of public funds or a. 217 Malversation is otherwise called embezzlement It can be committed either with malice or through negligence or imprudence In determining whether the offender is a public officer. distribution or adjudication of which they had acted.b. The transaction takes place within the territory subject to his jurisdiction. Experts. what is controlling is the nature of his office and not the designation The funds or property must be received in an official capacity. Guardians and executors – with respect to property belonging to their wards or the estate. provincial or municipal funds. the crime committed is estafa When a public officer has official custody or the duty to collect or receive funds due the government. and b. the negligence of the accountable public officer must be positively and clearly shown to be inexcusable. when they have charge of national. Otherwise. He becomes interested. he cannot be held liable under this article Private individuals can also be held liable for malversation under 2 circumstances: a. revenues or property in any capacity In malversation through negligence. Offender be a public officer338 property337 336 Art. c. Act is punished because of the possibility that fraud may be committed or that the officer may place his own interest above that of the Government or party which he represents 337 Art. his misappropriation of the same constitutes malversation A public officer who has qualified charge of gov’t property without authority to part with its physical possession upon order of an immediate superior. 216 Actual fraud is not necessary. Public officer – in any contract or business in by a public officer336 which it is his official duty to intervene. in any transaction of exchange or speculation. when they are in conspiracy with public officers. lack of criminal intent or good faith is a defense 103 . b. Possession of prohibited interests a. He becomes interested in the transaction during his incumbency.
Offender is a public officer. permitted any other person to take such public funds or property. theft or qualified theft 340 Even if private funds if attached. shall be prima facie evidence that he has put such missing funds or property to personal use. or to a provincial auditor. Consented or. However. He is required by law or regulation to render accounts to the commission on audit. if at the very moment when the shortage is discovered. whether in the service render accounts342 or separated therefrom. seized. Took or misappropriated them 3.b. The failure of a public officer to have any duly forthcoming public funds or property upon demand. His being remiss in the duty of safekeeping public funds violates the trust reposed 342 Art. 218 Demand and misappropriation are not necessary 104 . He: 1.341 Failure of accountable officer to a. the presumption does not arise Returning the embezzled funds is not exempting. the accountable officer is notified. it is only mitigating There is also no malversation when the accountable officer is obliged to go out of his office and borrow the amount corresponding to the shortage and later. deposited or commingled with public funds 341 It is not necessary that the offender profited thereby. c. the missing amount is found in an unaccustomed place A person whose negligence made possible the commission of malversation by another can be held liable as a principal by indispensable cooperation Demand as well as damage to the government are not necessary elements 338 or private person if entrusted with public funds or connived with public officers 339 If not accountable for the funds. He must be an accountable officer for public funds property. He fails to do so for a period of two months after such accounts should be rendered. b. c. through abandonment or negligence. Appropriated the funds or property 2. and he immediately pays the amount from his pocket. He had the custody or control of funds or property339 c. by any authorized officer. Those funds or property were public funds or property340 d.
221 Penalty is based on value of funds/property to be delivered Persons who may be held liable under Arts. revenue. Technical malversation. it is simple malversation even if applied to other public purpose. c. Private individual who. 219 The act of leaving the Philippines must be unauthorized or not permitted by law 344 Art. To distinguish this article with Art. officer to render accounts before leaving the country343 b. 217. He applies the same to a public use other than for which such fund or property has been appropriated by law or ordinance Failure to make delivery of public a. the funds are merely devoted to some other public use Absence of damage is only a mitigating circumstance 345 or be on the point of leaving 346 without this. c. make payment from such funds 343 Art. or property 2. He is under obligation to either: 1. just remember that in illegal use of public funds or property. in any capacity. 217 to 221: 1. He must have unlawfully left345 the Philippines without securing from the Commission on Audit a certificate showing that his accounts have been finally settled. He must be an accountable officer for public funds or property. Illegal use of public funds or a. property344 b. Offender is a public officer. have charge of any national. Offender has gov’t funds or property in his funds or property347 possession b. Offender is a public officer. There is public fund or property under his administration. provincial or municipal funds. Administrator or depositary of funds or property that has been attached. seized or deposited by public authority. even if owned by a private individual 105 .Failure of a responsible public a. 220. the offender does not derive any personal gain. Such public fund or property has been appropriated by law or ordinance346 d. 347 Art.
he does not incur criminal liability (unless cooperating with the offender) 350 Penalty based on nature of imprisonment 106 . evasion348 b. He is charged with the conveyance or custody of a prisoner. Offender is a private person352 custody of a person not a public officer351 b.350 Escape of prisoners under the a. Neither is mere leniency or laxity in the performance of duty constitutive of infidelity There is real and actual evasion of service of sentence when the custodian permits the prisoner to obtain a relaxation of his imprisonment 349 Art. Such prisoner escaped from his custody d. if he is a detention prisoner. to deliver property in his custody or administration when ordered by competent authority c. He maliciously fails or refuses to do so Conniving with or consenting to a. The conveyance or custody of a prisoner or 348 Art. either detention prisoner or prisoner by final judgment. He is charged with the conveyance or custody of a prisoner. He was in connivance with the prisoner in the latter’s escape Evasion through negligence349 a. 224 The article punishes a definite laxity which amounts to deliberate non-performance of a duty The fact that the public officer recaptured the prisoner who had escaped from his custody does not afford complete exculpation The liability of an escaping prisoner: a. either detention prisoner or prisoner by final judgment. c. 223 Detention prisoner: refers to a person in legal custody. Offender is a public officer (on duty). c. Offender is a public officer. arrested for and charged with some crime or public offense The release of a detention prisoner who could not be delivered to judicial authorities within the time fixed by law is not infidelity in the custody of a prisoner. if he is a prisoner by final judgment. 157) b. he is liable for evasion of service (Art. Such prisoner escapes through his negligence. b.2.
tamper with it b. Said document or paper should have been entrusted to such public officer by reason of his office. to a third party or to the public interest should have been caused. concealment. d. periodicals. The prisoner or person under arrest escapes. d. are not documents “Papers” would include checks. 227 It is the breaking of the seals and not the opening of a closed envelope which is punished Damage or intent to cause damage is not necessary. or that the escape takes place through his negligence Removal. destruction of documents353 or a. damage is presumed 107 . c.person under arrest is confined to him. to profit by it c. promissory notes and paper money A post office official who retained the mail without forwarding the letters to their destination is guilty of infidelity in the custody of papers Removal of a document or paper must be for an illicit purpose. 225 This article is not applicable if a private person made the arrest and he consented to the escape of the person he arrested 352 must be on duty 353 Art. Damage. to commit any act constituting a breach of trust in the official thereof Removal is consummated upon removal or secreting away of the document from its usual place. b. pamphlets etc. 226 The document must be complete and one by which a right could be established or an obligation could be extinguished Books. Offender be a public officer. Officer breaking seal354 351 a. There is illicit purpose when the intention of the offender is to: a. Offender consents to the escape of the prisoner or person under arrest. He abstracts. destroys or conceals a document or paper. c. whether serious or not. Offender is a public officer. It is immaterial whether or not the illicit purpose of the offender has been accomplished Infidelity in the custody of documents through destruction or concealment does not require proof of an illicit purpose Delivering the document to the wrong party is infidelity in the custody thereof The damage may either be great or small The offender must be in custody of such documents 354 Art. Art.
If regarding military secrets or secrets affecting state security. He breaks the seals or permits them to be broken. He knows of a secret by reason of his official capacity. c. He is charged with the custody of papers or property. 355 Art. Damage. Opening of closed documents355 a. He reveals such secret without authority or justifiable reasons. d. great or small. documents. 229 Secret must affect public interest Secrets of a private individual is not included Espionage for the benefit of another State is not contemplated by the article. c. Offender is a public officer. Revelation of secret by an officer356 1. documents or objects. d. By reason of his official a.b. c. or objects are entrusted to his custody. He does not have proper authority. capacity b. 228 Damage also not necessary 356 Art. Any closed papers. b. be caused to the public interest. Offender is a public officer. the crime may be espionage 108 . He opens or permits to be opened said closed papers. These papers or property are sealed by proper authority.
d. Damage be caused to public interest. f. Offender is a judicial or executive officer. If he is merely entrusted with the papers and not with the custody thereof. the crime is revelation of secrets. e. d. c. Offender without any legal justification openly 357 “Charge”: means custody or control. Offender is a public officer private individual358 b. and the public officer having charge thereof removes and delivers them wrongfully to a third person. he is not liable under this article If the papers contain secrets which should not be published. He knows of the secret of a private individual by reason of his office. Delivering wrongfully papers a. if the papers do not contain secrets. Public officer revealing secrets of a. decision or order was made within the scope of the jurisdiction of the superior authority and issued with all the legal formalities.2. c. 230 Revelation to one person is sufficient If the offender is an attorney. 231 Judgment should have been rendered in a hearing and issued within proper jurisdiction with all legal solemnities required 109 . He reveals such secrets without authority or justification reason. There is a judgment. he is properly liable under Art 209 (betrayal of trust by an attorney) Damage to private individual is not necessary 359 Art. Such judgment. On the other hand. their removal for an illicit purpose is infidelity in the custody of documents Damage is essential to the act committed 358 Art. Offender is a public officer. He has charge of papers. Open disobedience359 a. The delivery is wrongful. b. or copies of papers of which he may have charge357 and which should not b. be published: c. Those papers should not be published. He delivers those papers or copies thereof to a third person. decision or order of superior authority.
He refuses to be sworn in or discharge the duties of said office. Offender is elected by popular election to a public office. His superior disapproves the suspension of the execution of the order. e. decision or under which he is duty bound to obey. c. Offender disobeys his superior despite the disapproval of the suspension Refusal of assistance361 a. c. officer when said order was suspended by inferior officer360 b. A competent authority demands from the offender that he lend his cooperation towards the administration of justice or other public service. Disobedience to order of superior a. Offender fails to do so maliciously. 233 Involves a request from one public officer to another Damage to the public interest or third party is essential Demand is necessary 362 Art. b. There is no legal motive for such refusal to be sworn in or to discharge the duties of said office. Refusal office362 to discharge elective a. An order is issued by his superior for execution. 232 A public officer is not liable if the order of the superior is illegal 361 Art. 360 Art. b. He has for any reason suspended the execution of such order.refuses to execute the said judgment. c. Offender is a public officer. 234 Even if the person did not run for the office on his own will as the Constitution provides that every citizen may be required to render service 110 . Offender is a public officer. d.
b. Anticipation of duties of a public a. 236 367 Art. the person arrested must be placed in jail even for just a short while Offender may also be held liable for physical injuries or damage caused 364 otherwise the crime is physical injuries 365 those authorized 366 Art. Offender is a public officer or employee. by overdoing himself in the correction or handling of a prisoner or detention prisoner under his charge either – i. The law requires that he should first be sworn in and/or should first give a bond. either by election or appointment. He assumes the performance of the duties and powers of such office. He maltreats such prisoner in either of the following manners: 1. c. by inflicting such punishments365 in a cruel and humiliating manner. 237 111 . He has under charge a prisoner or detention prisoner364 c./or given the bond required by law. by maltreating such prisoner to extort a confession or to obtain some information from the prisoner.Maltreatment of prisoners363 a. b. by the imposition of punishments not authorized by the regulations. Offender is entitled to hold a public office or office366 employment. and powers367 363 Art. He has not taken his oath of office and. 235 The public officer must have actual charge of the prisoner in order to be held liable To be considered a detention prisoner. or ii. d. Offender is holding a public office. Prolonging performance of duties a. or 2.
b. 240 Legislative officers are not liable for usurpation of executive functions 112 . suspends the execution thereof. 238 There is actual abandonment through resignation to evade the discharge of duties There must be formal or written resignation The offense is qualified if the purpose behind the abandonment is to evade the discharge of duties consisting of preventing. b. c. d. Abandonment position368 of office or a.b. The period provided by law. 369 Art. 239 370 Art. attempts to repeal a law or 3. Offender is an executive or judicial officer. He formally resigns from his position. prosecuting or punishing any of the crimes against national security. He 1. separated or declared over-aged or dismissed 368 Art. regulations or special provisions for holding such office has already expired. Offender is a judge. Usurpation functions370 of executive a. makes general rules or regulations beyond the scope of his authority or 2. Dereliction of Duty . He continues to exercise the duties and powers of such office. Offender is a public officer. The article contemplates officers who have been suspended. He abandons his office to the detriment of the public service. His resignation has not yet been accepted. Usurpation of legislative powers369 a.public officer does not abandon his office but merely fails to prosecute a violation of the law. The penalty is higher. c.
e. Offender is a public officer. He addresses any order or suggestion to any judicial authority. 243 Legislative or judicial officers are not liable under this article 113 . or 2. b. obstruct the execution of any order decision rendered by any judge within his jurisdiction. There is a question brought before the proper authority regarding his jurisdiction. executive officer to any judicial authority373 b. obstructs executive authorities in the lawful exercise of their powers. or 2. d. He has been lawfully required to refrain from continuing the proceeding. assumes a power pertaining to the executive authorities. He continues the proceeding. Usurpation of judicial functions371 a. assumes judicial powers. 241 A mayor is guilty under this article when he investigates a case while a justice of the peace is in the municipality 372 Art. 371 Art. b. He 1. Disobeying request 372 disqualification for a. Offender is an executive officer. Offender is an officer of the executive branch of the government. 242 373 Art. He 1. Addressing orders or requests by a.b. A proceeding is pending before such public officer. c. which is not yet decided.
interested in matters pending before the offender for decision. or 2. daughter. Abuses against chastity375 a. Offender knows that his nominee or appointee lacks the qualification at the time he made the nomination or appointment. or with respect to which he is required to submit a report to or consult with a superior officer. c. d. Offender is a public officer. Such person lacks the legal qualification therefor. He nominates or appoints a person to a public office. Offender is a public officer.c. b. The order or suggestion relates to any case or business coming within the exclusive jurisdiction of the courts of justice. under the custody of the offender who is a warden or other public officer directly charged with care and custody of prisoners or person under arrest. 244 Recommending. Unlawful appointments374 a. b. or 3. the wife. c. He solicits or makes immoral or indecent advances to a woman. Such woman must be – 1. sister or relative within the same degree by affinity of the person in the custody of the offender. knowing that the person recommended is not qualified is not a crime There must be a law providing for the qualifications of a person to be nominated or appointed to a public office 375 Art. 374 Art. 245 The mother of the person in the custody of the public officer is not included Solicit: means to propose earnestly and persistently something unchaste and immoral to a woman The advances must be immoral or indecent The crime is consummated by mere proposal Proof of solicitation is not necessary when there is sexual intercourse 114 .
without sufficient justification. ii) Punishable acts a. Anti-Graft and Corrupt Practices Act 376 i) Coverage Certain acts of public officers and private persons alike which constitute graft or corrupt practices or which may lead thereto. or will secure or obtain. inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter. Directly or indirectly requesting or receiving any gift. Causing any undue injury to any party.A. Accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after its termination. 6. from any person interested in the matter some pecuniary or material benefit or advantage. in any manner of capacity. 376 R.a. as amended 115 . share. or giving any private party any unwarranted benefits. 5. any Government permit or license. or allowing himself to be persuaded. to act within a reasonable time on any matter pending before him for the purpose of obtaining directly or indirectly. Persuading. or benefit for himself or for any other person in connection with any contract or transaction between the government and any other party wherein the public officer in his official capacity has to intervene under the law. including the Government. 4. 3019. 2. evident bad faith or gross inexcusable negligence. induced. or preference in the discharge of his official. Any public officer who shall perform any of the following acts: 1. administrative or judicial function through manifest partiality. or for the purpose of favoring his own interest of giving undue advantage in favor of or discriminating against any other interested party. or influenced to commit such violation or offense. from any person for whom the public officer. Neglecting or refusing. or indirectly requesting or receiving any gift. has secured or obtained. after due demand or request. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions. for himself or for another. present. in consideration for the held given or to be given. percentage. advantage. Directly. present. 3. or other pecuniary or material benefit.
contract or transaction in connection with which he intervenes or take part in his official capacity. privilege. request. gift. the vice-president. who shall intervene. permit. Directly or indirectly having financial or pecuniary interest in any business. of the president of the Philippines. or contact with the government in which such public official has to intervene. Divulging valuable information of a confidential character. application. or advantage. or material.379 377 378 Sec. Any person who shall knowingly induce or cause any public official to commit any of the offenses under (A). the president of the Senate. by consanguinity or affinity. Directly or indirectly becoming interested. or pecuniary advantage from any person having some business. in any business transaction. or having a material interest in any transaction or act requiring the approval of a board. acquired by his office or by him on account of his official position to unauthorized persons. or of a mere representative or dummy of one who is not so qualified or entitled. within the 3rd civil degree.378 d.8. even if he votes against the same or does not participate in the action of the board. 379 Sec. panel. for personal gain. Entering. 11. 5 116 . or benefit in favor of any person not qualified for or not legally entitled to such license.377 c. transaction. 10. privilege. or speaker of the house of Representatives. b. directly or indirectly. 4 ibid. whether or not the public officer profited or will profit thereby. or releasing such information in advance of its authorized release date. Spouse or any relative. 9. Knowingly approving or granting any license. Any person having family or close personal relation with any public official who shall capitalize or exploit or take advantage of such family or close personal relation by directly or indirectly requesting or receiving any present. committee. 12. permit. or in which he is prohibited by the constitution or by any law from having any interest. or group of which he is a member. contract or application with the gov’t. into any contract or transaction manifestly and grossly disadvantageous to the same. on behalf of the Government. panel or group. and which exercises discretion in such approval.
Any transaction. Any application filed by him. during the term for which he has been elected.iii) Exceptions 1. Any public officer who shall fail to file a true. or rules or regulations issued pursuant to law. prior to the assumption of office of any of the above officials to whom he is related. Any member of congress. detailed and sworn statement of assets and liabilities within 30 days after assuming office and thereafter on or before the 15 th day of April following the close of every calendar year. has been already dealing with the gov’t along the same line of business.381 380 381 Sec. as well as upon the expiration of his term of office.380 7. 2. 4. 7 Sec. Any act lawfully performed an official capacity or in the exercise of a profession. contract or application already existing or pending at the time of such assumption of public office. 6. 14 117 . who shall acquire or receive any personal pecuniary interest in any specific business enterprise which shall be directly and particularly favored or benefited by any law or resolution authored by him previously approved or adopted by Congress during his term. Unsolicited gifts or presents of small or insignificant value offered or given as a mere ordinary token of gratitude of friendship according to local customs or usage. or upon his resignation or separation from office. 5. the approval of which is not discretionary on the part of the official(s) concerned but depends upon compliance with requisites provided by law. 3. Any person who.
agencies or instrumentalities or government-owned or -controlled corporations and their subsidiaries. receiving or accepting directly or indirectly any shares of stock. any commission. kickbacks or any other form of pecuniary benefit from any person and/or entity in connection with any government contract or project or by reason of the office or position of the public officer concerned. Includes the National Government. agencies or instrumentalities. equity or any other form of interest or participation including promise of future employment in any business enterprise or undertaking. business enterprise or material possession of any person within the purview of Section Two (2)384 hereof. unless the context indicates otherwise. gift.A.b. 1 (a-c) 384 infra 118 . agents. as amended Sec. 7080. conversion. percentage. and any of its subdivisions. 4) By obtaining. Includes any natural or juridical person. nominees. subordinates and/or business associates by any combination or series of the following means or similar schemes: 1) Through misappropriation. 382 383 R.383 Government Person ii) Ill-gotten wealth Any asset. including governmentowned or -controlled corporations and their subsidiaries. or malversation of public funds or raids on the public treasury. misuse. share. 3) By the illegal or fraudulent conveyance or disposition of assets belonging to the National Government or any of its subdivisions. directly or indirectly. Anti-Plunder Act382 i) Definition of terms Public Officer Any person holding any public office in the Government of the Republic of the Philippines by virtue of an appointment. election or contract. property. 2) By receiving. acquired by him directly or indirectly through dummies.
subordinates or other persons.387 iv) Series / Combination388 v) Pattern For purposes of establishing the crime of plunder. supra 389 Sec.000. or 6) By taking undue advantage of official position. In the imposition of penalties.389 385 386 Sec. as amended by R. connection or influence to unjustly enrich himself or themselves at the expense and to the damage and prejudice of the Filipino people and the Republic of the Philippines.5) By establishing agricultural.00) shall be guilty of the crime of plunder and shall be punished by reclusion perpetua to death. industrial or commercial monopolies or other combinations and/or implementation of decrees and orders intended to benefit particular persons or special interests. Any person who participated with the said public officer in the commission of an offense contributing to the crime of plunder shall likewise be punished for such offense. relatives by affinity or consanguinity. 1 (d) supra 387 Sec. it shall not be necessary to prove each and every criminal act done by the accused in furtherance of the scheme or conspiracy to amass. as provided by the Revised Penal Code. authority. 388 see Plunder.A. amasses. business associates.385 iii) Plunder Any public officer who. accumulates or acquires ill-gotten wealth through a combination or series of overt criminal acts as described in Section 1 (d)386 hereof in the aggregate amount or total value of at least Fifty million pesos (P50. accumulate or acquire ill-gotten wealth. 4. it being sufficient to establish beyond reasonable doubt a pattern of overt or criminal acts indicative of the overall unlawful scheme or conspiracy. relationship. shall be considered by the court.000. 119 . the degree of participation and the attendance of mitigating and extenuating circumstances. The court shall declare any and all ill-gotten wealth and their interests and other incomes and assets including the properties and shares of stocks derived from the deposit or investment thereof forfeited in favor of the State. 7659. by himself or in connivance with members of his family. 2.
120 . 44. employee. 392 Sec. 20. Human Security Act of 2007390 i) Failure to deliver suspect to proper judicial authority391 The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon any police or law enforcement personnel who has apprehended or arrested. It shall also be released within fifteen (15) days from the date of the acquittal of the accused. or inexcusable negligence causes or allows the escape of such detained person shall be guilty of an offense and shall suffer the penalty of: (a) twelve (12) years and one day to twenty (20) years of imprisonment. or person who delays the release or refuses to release the amounts awarded to the individual acquitted of the crime of terrorism shall suffer the penalty of six (6) months of imprisonment. misconduct. ii) Infidelity in the custody of detained persons Any public officer who has direct custody of a detained person or under the provisions of this Act and who by his deliberate act. the amount needed to complete the compensation shall be taken from the current appropriations for intelligence. emergency. if the detained person has already been convicted and sentenced in a final judgment of a competent court. 9372 Sec. The amount of damages shall be automatically charged against the appropriations of the police agency or the Anti-Terrorism Council that brought or sanctioned the filing of the charges against the accused. personnel. Any officer.392 iii) False prosecution Upon acquittal. social or other funds of the Office of the President. The award of damages mentioned above shall be without prejudice to the right of the acquitted accused to file criminal or administrative charges against those responsible for charging him with the case of terrorism.c.A. if the detained person has not been convicted and sentenced in a final judgment of a competent court. and (b) six years and one day to twelve (12) years of imprisonment.00) for every day that he or she has been detained or deprived of liberty or arrested without a warrant as a result of such an accusation. 390 391 R. If the deductions are less than the amounts due to the detained persons. any person who is accused of terrorism shall be entitled to the payment of damages in the amount of Five hundred thousand pesos (P500. detained and taken custody of a person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism and fails to deliver such charged or suspected person to the proper judicial authority within the period of three days.000.
In the event that the amount cannot be covered by the current budget of the police or law enforcement agency concerned. 50 121 .393 393 Sec. the amount shall be automatically included in the appropriations of the said agency for the coming year.
He/she kills any or both of them or inflicts upon any or both of them any serious physical injury in the act or immediately thereafter 394 Art. However. he is still liable for parricide because the law does not require knowledge of the relationship 395 Art. or the legitimate spouse of the accused. On the other hand. A legally married person or parent surprises his exceptional circumstances395 spouse or daughter396 in the act of committing sexual intercourse with another person b. The deceased is the father. Otherwise. or a legitimate other ascendant or other descendant. whether legitimate or illegitimate. escape. pursuit and the killing must all form parts of one continuous act The killing must be the direct by-product of the rage of the accused No criminal liability is incurred when less serious or slight physical injuries are inflicted. or child. The deceased is killed by the accused. in case third persons caught in the crossfire suffer physical injuries. A person is killed. mother or child may be legitimate or illegitimate The child should not be less than 3 days old. c.8. Moreover. it is enough that circumstances reasonably show that the carnal act is being committed or has been committed Sexual intercourse does not include preparatory acts Immediately thereafter: means that the discovery. mother. the father. Crimes Against Persons Crimes Parricide394 Elements/Requisites a. 246 The relationship of the offender with the victim is the essential element of the felony Parents and children are not included in the term “ascendants” or “descendants” The other ascendant or descendant must be legitimate. 247 Article does not define or penalize a felony Not necessary that the parent be legitimate Article applies only when the daughter is single Surprise: means to come upon suddenly or unexpectedly Art 247 is applicable when the accused did not see his spouse in the act sexual intercourse with another person. the offense is infanticide Relationship must be alleged A stranger who cooperates in committing parricide is liable for murder or homicide Even if the offender did not know that the person he had killed is his son. Death or physical injuries under a. The principle that one is liable for the consequences of his felonious act is not applicable because he is not committing a felony 396 the latter must be under 18 and living with them 122 . the accused is not liable. b.
Otherwise. The accused killed him.c. A person was killed. The killing is not parricide or infanticide. by means of motor vehicles or with the use of any other means involving great waste or ruin 4. or of an earthquake. with evident premeditation 6. destructive cyclone. c. 248 The victim must be killed in order to consummate the offense. they will only be considered as generic aggravating circumstances Treachery and premeditation are inherent in murder with the use of poison 123 . on occasion of any of the calamities enumerated in the preceding paragraph. explosion. with the aid or armed men. by means of inundation. 397 Art. 7. poison. by deliberately and inhumanely augmenting the suffering of the victim or outraging or scoffing at his person or corpse. reward or promise 3. The other circumstances are absorbed or included in one qualifying circumstance. They cannot be considered as generic aggravating circumstances Any of the qualifying circumstances must be alleged in the information. fire. The killing was attended by any of the following qualifying circumstances: 1. in consideration of price. b. or that he has not consented to the infidelity of the other spouse. Otherwise. eruption of a volcano. with treachery. or employing means to weaken the defense or of means or persons to insure or afford impunity 2. He has not promoted or facilitated the prostitution of his wife or daughter. Murder397 a. taking advantage of superior strength. derailment or assault upon a street car or locomotive. epidemic or any other public calamity 5. it would be attempted or frustrated murder Murder will exist with only one of the circumstances. shipwreck. with cruelty. fall of airship. stranding of vessel.
249 Intent to kill is conclusively presumed when death resulted. each one of them is guilty of homicide In all crimes against persons in which the death of the victim is an element. all persons who used violence upon the person of the victim 124 . c. if it is not known who inflicted serious physical injuries on the deceased. The killing was not attended by any of the qualifying circumstances of murder. It cannot be ascertained who actually killed the deceased. even if they were not in conspiracy. A person was killed. c. e. There be several persons. The person or persons who inflicted serious physical injuries or who used violence can be identified. b. Death in a tumultous affray399 a. which is presumed. d. there is no tumultuous affray Persons liable are: a. These several persons quarreled and assaulted one another in a confused and tumultuous manner. Hence. The accused killed him without any justifying circumstances. evidence of intent to kill is required only in attempted or frustrated homicide There is no crime of frustrated homicide through negligence When the wounds that caused death were inflicted by 2 different persons. 398 Art. d. f. They did not compose groups organized for the common purpose of assaulting and attacking each other reciprocally. or by that of parricide or infanticide. there must be satisfactory evidence of (1) the fact of death and (2) the identity of the victim 399 Art. b. person/s who inflicted serious physical injuries b. 251 Tumultuous affray exists hen at least 4 persons take part in it When there are 2 identified groups of men who assaulted each other. Someone was killed in the course of the affray. The accused had the intention to kill.Homicide398 a.
Offender discharges a firearm against or at another person. Giving assistance to suicide401 a. d. firing a gun against the house of the offended party at random. On the other hand.Physical injuries inflicted in a a. Assisting another to commit suicide. the act is not punished under this article A discharge towards the house of the victim is not discharge of firearm. c. the person does not want to die. Offender has no intention to kill that person. the fetus in her womb was expelled. Lending his assistance to another to commit suicide to the extent of doing the killing himself. it is only alarm under Art. whether the suicide is consummated or not b. A participant or some participants thereof suffer serious physical injuries or physical injuries of a less serious nature only. Usually. the purpose of the offender is only to intimidate or frighten the offended party Intent to kill is negated by the fact that the distance between the victim and the offender is 200 yards A person can be held liable for discharge even if the gun was not pointed at the offended party when it fired for as long as it was initially aimed at or against the offended party 125 . 252 Art. b. Discharge of firearms402 a. b. In this case. All those who appear to have used violence upon the person of the offended party are known. is not liable for abortion Assistance to suicide is different from mercy-killing. The person responsible therefor cannot be identified. 254 The offender must shoot at another with any firearm without intention of killing him. 155. If the firearm is not discharged at a person. 253 A person who attempts to commit suicide is not criminally liable A pregnant woman who tried to commit suicide by means of poison but instead of dying. 400 401 Art. A doctor who resorts to euthanasia may be held liable for murder Penalty is mitigated if suicide is not successful 402 Art. not knowing in what part of the house the people were. Euthanasia is the practice of painlessly putting to death a person suffering from some incurable disease. There is a tumultuous affray as referred to in the tumultous affray400 preceding article.
mother or legitimate ascendant. 256 405 Art. b. or that the accused otherwise acts upon such pregnant woman.Infanticide403 a. the penalty is that for murder. or although born alive it could not sustain an independent life when it was killed 404 Art. The violence is intentionally exerted. The accused killed the said child. d. Violence is exerted. Violence is used upon such pregnant woman without intending an abortion. If the offender is any other person. the proper qualification for the offense is infanticide When infanticide is committed by the mother or maternal grandmother in order to conceal the dishonor. he shall suffer the penalty prescribed for parricide. either in the womb or after having been expelled therefrom. The deceased child was less than three (3) days (72 hours) of age. either in 403 Art. b. 257 Unintentional abortion can also be committed through negligence The accused can only be held liable if he knew that the woman was pregnant If there is no intention to cause abortion and neither was violence exerted. if she is a prostitute. As a result of the violence that fetus dies. or any other act of the accused. Intentional abortion404 a. such fact is only mitigating The delinquent mother who claims that she committed the offense to conceal the dishonor must be of good reputation. c. c. c. The abortion is intended. There is a pregnant woman. she is not entitled to a lesser penalty because she has no honor to conceal There is no infanticide when the child was born dead. the fetus dies. A child was killed. There is a pregnant woman. In either case. or drugs or beverages administered. arts 256 and 257 does not apply 126 . 255 When the offender is the father. Unintentional abortion405 a. As a result of the use of violence or drugs or beverages upon her. d. b. Hence.
causes or assists in causing the abortion. c. Killing one’s adversary in a duel a duel408 406 Art. 260 Persons liable: 127 . Offender. However. parents can avail of the mitigating circumstance of concealing the dishonor of their daughter. There is a pregnant woman who has suffered an physician or midwife and abortion. Abortion practiced woman herself or parents406 by by the a. Abortion practiced by a a. with her consent. any other person. any of her parents. What is punished is the act of dispensing an abortive without the proper prescription. d. Responsibility of participants in a. 407 Art. dispensing of abortives407 b. 258 Liability of the pregnant woman is mitigated if the purpose is to conceal her dishonor. The abortion is intended. c. This is not so for Art. 259 It is not necessary that the pharmacist knew that the abortive would be used to cause abortion. 258.the womb or after having been expelled therefrom. Said physician or midwife takes advantage of his or her scientific knowledge or skill. who must be a physician or midwife. There is a pregnant woman who has suffered an her abortion. The abortion is intended. The abortion is caused by – 1. or 3. b. with her consent for the purpose of concealing her dishonor. It is not necessary that the abortive be actually used If the pharmacist knew that the abortive would be used to cause abortion and abortion results. he is liable as an accomplice 408 Art. there is no litigation for the parents of the pregnant women even if their purpose is to conceal their daughter’s dishonor In infanticide. the pregnant woman herself 2.
Inciting another to give or accept a challenge to a duel c. Otherwise. Accomplices – as seconds Duel: a formal or regular combat previously concerted between 2 parties in the presence of 2 or more seconds of lawful age on each side. clipping off any part of the body of the offended party. to deprive him of that part of the body In the first kind of mutilation. Principals – person who killed or inflicted physical injuries upon his adversary. mutilation of organs necessary for generation b. 262 Kinds of Mutilation Intentionally mutilating another by depriving him. Challenger 2. Inflicting upon the adversary serious physical injuries c. Making a combat although no physical injuries have been inflicted Challenging to a duel409 a. There be a castration i. or both combatants in any other cases 2. of some essential organ for reproduction Intentionally making another mutilation.e. other than the essential organ for reproduction.e. Challenging another to a duel b. i. lopping. Mutilation is caused purposely and deliberately 1. 261 Persons liable: 1. the castration must be made purposely. the penalty is the same as that for homicide 409 Art. who make the selection of arms and fix all the other conditions of the fight If death results. Instigators 410 Art. totally or partially. Scoffing at or decrying another publicly for having refused to accept a challenge to fight a duel Mutilation410 a.b. it will be considered as mutilation of the second kind Mayhem: refers to any other intentional mutilation 128 .
imbecile. 263 How Committed 1. However. other than a principal member Deformity: means physical ugliness. arm or leg 411 Art. loss of one tooth which impaired appearance is a deformity Deformity by loss of teeth refers to injury which cannot be impaired by the action of the nature Loss of both outer ears constitutes deformity and also loss of the power to hear. Beating 3. Injured person becomes insane. the illness of the offended party may be considered as lasting more than 30 days. if the scar is usually covered by a dress. Otherwise. loses an eye. there must be evidence of the length of that period. Work: includes studies or preparation for a profession When the category of the offense of serious physical injuries depends on the period of the illness or incapacity for labor. Injured person – 1. Administering injurious substances Serious physical injuries is qualified when the crime is committed against the same persons enumerated in the article on parricide or when it is attended by any of the circumstances defining the crime of murder. the injured party must have an avocation at the time of the injury. a front tooth is considered as a member of the body. the offense will only be considered as slight physical injuries There is no incapacity if the injured party could still engage in his work although less effectively than before 129 . Thus. a hand. loses the use of speech or the power to hear or to smell. covers any other member which is not a principal part of the body. In this respect. Assaulting 4. loss of the lobule of the ear is only a deformity Loss of the index and middle fingers is either a deformity or loss of a member. The fact that there was medical attendance for that period of time shows that the injuries were not cured for that length of time Under par 4. foot. Not curable by natural means or by nature. Loss of one incisor is not. Meanwhile. all that is required is illness or incapacity. not medical attendance In determining incapacity. It must be conspicuous and visible. impotent or blind b. Mere weakness in vision is not contemplated Loss of power to hear must involve both ears. Otherwise. not a principal one of his body or use of the same Loss of the power to hear in the right ear is considered as merely loss of use of some other part of the body If the injury would require medical attendance for more than 30 days. However. serious physical injuries resulting from excessive chastisement by parents is not qualified serious physical injuries Serious physical injuries may be committed through reckless imprudence or simple imprudence There must be no intent to kill Impotent should include inability to copulate and sterility Blindness requires loss of vision in both eyes. Wounding 2. it will be considered as serious physical injuries under par 3 Loss of use of hand or incapacity of usual work in par 2 must be permanent Par 2 refers to principal members of the body.Serious physical injuries411 a. Par 3 on the other hand. it would not be conspicuous and visible The loss of 3 incisors is a visible deformity. permanent and definite abnormality.
264 It is frustrated murder when there is intent to kill Administering means introducing into the body the substance. when there is manifest intent to insult or offend the injured person b. Circumstances qualifying the offense: a. Offended party is incapacitated for labor for 10 days or more. provided the crime is not direct assault It falls under this article even if there was no incapacity but the medical treatment was for 13 days 130 . guardians. loses the use thereof 4. when the victim is a person of rank or person in authority. 265.412 Administering injurious a. ascendants. becomes deformed 2. when there are circumstances adding ignominy to the offense c.415 or needs medical attendance for the but not more than 90 days Art. becomes incapacitated for the work in which he had been habitually engaged b. loses the use of any such member 3. curators or teachers d. It was done knowingly administering to him any injurious substances or beverages or by taking advantage of his weakness of mind of credulity c. Injured person becomes ill or incapacitated for labor for more than 30 days. He had no intent to kill. Offender inflicted upon another person any substances or beverages413 serious physical injury b. when the victim is either the offender’s parents.2. thus throwing of the acid in the face is not contemplated 414 Art. becomes ill or incapacitated for the performance of the work in which he had been habitually engaged in for more than 90 days c. loses any other member of his body 3. Less serious physical injuries414 412 413 a. Injured person – 1.
slapping but without causing dishonor 131 . Which did not prevent the offended party from engaging in his habitual work or which did not require medical attendance417 c. Incapacitated the offended party for labor from 19 days or required medical attendance during the same period b.same period of time b. 266 417 ex. Ill-treatment of another by deed without causing any injury418 415 416 but not more than 30 days Art. The physical injuries must not be those described in the preceding articles Slight physical injuries416 a. Black-eye 418 ex.
a. (b) Threatening to cause the woman or her child physical harm. the following acts committed with the purpose or effect of controlling or restricting the woman's or her child's movement or conduct: (1) Threatening to deprive or actually depriving the woman or her child of custody to her/his family. (f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions.A. or intimidation directed against the woman or child. (3) Depriving or threatening to deprive the woman or her child of a legal (4) Preventing the woman in engaging in any legitimate profession. business or activity or controlling the victim's own mon4ey or properties. 9262 132 . (c) Attempting to cause the woman or her child physical harm. 419 R. or attempting to restrict or restricting the woman's or her child's freedom of movement or conduct by force or threat of force. (d) Placing the woman or her child in fear of imminent physical harm. Anti-Violence against Women and their Children Act of 2004419 i) Punishable acts The crime of violence against women and their children is committed through any of the following acts: (a) Causing physical harm to the woman or her child. occupation. or solely controlling the conjugal or common money. or deliberately providing the woman's children insufficient financial support. (2) Depriving or threatening to deprive the woman or her children of financial support legally due her or her family. physical or other harm or threat of physical or other harm. right. but not limited to. or properties. (e) Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the right to desist from or desist from conduct which the woman or her child has the right to engage in. This shall include.
digitally or manually crafted images or graphics of a person who is represented or who is made to appear to be a child as defined herein 420 421 Sec. including. knowing. (i) Causing mental or emotional anguish. (4) Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her child. exploitation or discrimination because of a physical or mental disability or condition. Anti-Child Pornography Law421 i) Definition of terms Child A person below eighteen (18) years of age or over. (h) Engaging in purposeful. depicted or portrayed as a child as defined herein. and (2) computer-generated. public ridicule or humiliation to the woman or her child. neglect. 5. or reckless conduct. the following acts: (1) Stalking or following the woman or her child in public or private places. and (5) Engaging in any form of harassment or violence. This shall include. (2) Peering in the window or lingering outside the residence of the woman or her child. cruelty. 9775 133 .420 b. Also refers to: (1) a person regardless of age who is presented. personally or through another that alarms or causes substantial emotional or psychological distress to the woman or her child. but is unable to fully take care of himself/herself from abuse. by force or threat of force. repeated verbal and emotional abuse. but not be limited to. R. or through intimidation directed against the woman or her child or her/his immediate family. and denial of financial support or custody of minor children of access to the woman's child/children.(g) Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape. physical harm. but not limited to.A. (3) Entering or remaining in the dwelling or on the property of the woman or her child against her/his will.
bulletin board service. or (6) use of any object or instrument for lascivious acts Explicit Sexual Activity Internet address A website. whether between persons of the same or opposite sex. or written combination thereof. magnetic or any other means. an internet carriage service to the public. computer games or related services. pubic area and/or anus. (4) sadistic or masochistic abuse. (3) masturbation. (5) lascivious exhibition of the genitals. mechanical. (2) bestiality. Includes actual or simulated (1) As to form: (i) sexual intercourse or lascivious act including. A person who hosts or who proposes to host internet content in the Philippines. of child engaged or involved in real or simulated explicit sexual activities. by electronic. but not limited to. whether visual. breasts. The act of preparing a child or someone who the offender 134 Internet cafe or kiosk Internet content host Internet (ISP) Grooming service . optical. buttocks. or oral to anal. contact involving genital to genital. internet chat room or news group. provider A person or entity that supplies or proposes to supply.Child pornography Any representation. digital. anal to genital. audio. or any other internet or shared network protocol address. An establishment that offers or proposes to offer services to the public for the use of its computer/s or computer system for the purpose of accessing the internet. oral to genital.
422 ii) Unlawful or punishable acts (a) To hire. distribute. manufacture or create any form of child pornography. (b) To produce. publish. transmit. or broadcast: Provided. (c) To publish offer. That possession of three (3) or more articles of child pornography of the same form shall be prima facie evidence of the intent to sell. It includes online enticement or enticement through any other means. promoting. dens. but not limited to. cubicles. use. (e) To knowingly. by means of a computer system. advertising. broadcast. export or import any form of child pornography. publish or broadcast. 3. (d) To possess any form of child pornography with the intent to sell. persuade. houses or in establishments purporting to be a legitimate business. with a child or someone who the offender believes to be a child for the purpose of facilitating the commission of sexual activity or production of any form of child pornography. private rooms. Any natural or juridical entity. regardless of the actual content of the material or purported material. induce or coerce a child to perform in the creation or production of any form of child pornography. direct. advertise. Person 422 Sec. promote. cinemas. (2) Bestiality Pandering The act of offering. Luring (1) The act of communicating. representing or distributing through any means any material or purported material that is intended to cause another to believe that the material or purported material contains any form of child pornography. distribute. willfully and intentionally provide a venue for the commission of prohibited acts as. distribute. employ. sell. 135 .believes to be a child for sexual activity or sexual relationship by communicating any form of child pornography.
(f) For film distributors. (j) To willfully access any form of child pornography. theaters and telecommunication companies. shall include the names of those to be subjected to such activities. (g) For a parent. Conspiracy to commit any form of child pornography shall be committed when two (2) or more persons come to an agreement concerning the commission of any of the said prohibited acts and decide to commit it.425 (b) Allowed initiation rites No hazing or initiation rites in any form or manner by a fraternity. (h) To engage in the luring or grooming of a child. sorority or organization by placing the recruit. 2 136 . 426 Sec. R. neophyte or applicant in some embarrassing or humiliating situations such as forcing him to do menial. participate or assist in any form of child pornography. The written notice shall indicate the period of the initiation activities which shall not exceed three (3) days. silly. 1. Anti-Hazing Law424 i) Hazing a) Definition An initiation rite or practice as a prerequisite for admission into membership in a fraternity. (i) To engage in pandering of any form of child pornography. 4. to distribute any form of child pornography.423 c.A. and (l) To possess any form of child pornography. by themselves or in cooperation with other entities. 8049 425 Sec. legal guardian or person having custody or control of a child to knowingly permit the child to engage. foolish and other similar tasks or activities or otherwise subjecting him to physical or psychological suffering or injury. and shall further contain an undertaking that no physical violence be employed by anybody during such initiation rites.426 423 424 Sec. (k) To conspire to commit any of the prohibited acts stated in this section. sorority or organization shall be allowed without prior written notice to the school authorities or head of organization seven (7) days before the conduct of such initiation.
fraternity or sorority who actually planned the hazing although not present when the acts constituting the hazing were committed shall be liable as principals. If death. when he has actual knowledge of the hazing conducted therein but failed to take any action to prevent the same from occurring. The school authorities including faculty members who consent to the hazing or who have actual knowledge thereof. 4. director or other responsible officer of a corporation engaged in hazing as a requirement for employment in the manner provided herein. Ibid. Any person charged under this provision shall not be entitled to the mitigating circumstance that there was no intention to commit so grave a wrong. group. This section shall apply to the president. 137 . the parents shall be held liable as principals when they have actual knowledge of the hazing conducted therein but failed to take any action to prevent the same from occurring. If the hazing is held in the home of one of the officers or members of the fraternity. impotent or blind. The presence of any person during the hazing is prima facie evidence of participation therein as principal unless he prevented the commission of the acts punishable herein. a foot. or organization. sodomy or mutilation results there from. but failed to take any action to prevent the same from occurring shall be punished as accomplices for the acts of hazing committed by the perpetrators. A fraternity or sorority's adviser who is present when the acts constituting the hazing were committed and failed to take action to prevent the same from occurring shall be liable as principal. an arm or a leg or shall have lost the use of any such member shall have become incapacitated for the activity or work in which he was habitually engaged. or shall have lost an eye. If in consequence of the hazing the victim shall become insane. rape.427 The owner of the place where hazing is conducted shall be liable as an accomplice. manager. 427 428 Sec. or alumni of the organization. If in consequence of the hazing the victim shall have lost the use of speech or the power to hear or to smell. imbecile.ii) Who are liable The officers and members of the fraternity. The officers. a hand. sorority or organization who actually participated in the infliction of physical harm shall be liable as principals. 3. former officers. 2.428 iii) Punishable acts 1. group.
(c) when the recruit. If in consequence of the hazing the victim sustained physical injuries which do not prevent him from engaging in his habitual activity or work nor require medical attendance. violence. (b) when the recruit. or shall have lost the use thereof. neophyte or applicant having undergone hazing is prevented from reporting the unlawful act to his parents or guardians. 6. 7. 138 . (d) when the hazing is committed outside of the school or institution. may impose the appropriate administrative sanctions on the person or the persons charged under this provision even before their conviction.4. or that the injury sustained shall require medical assistance for the same period. If in consequence of the hazing the victim shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged from one (1) to nine (9) days. is prevented from quitting. to the proper school authorities. or to the police authorities. 8. If in consequence of the hazing the victim shall become deformed or shall have lost any other part of his body. threat or intimidation. intimidation or deceit on the person of the recruit who refuses to join.429 429 Ibid. military or citizen's army training organization. or (e) when the victim is below twelve (12) years of age at the time of the hazing. or shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged for a period of more than ninety (90) days. neophyte or applicant initially consents to join but upon learning that hazing will be committed on his person. If in consequence of the hazing the victim shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged for a period of ten (10) days or more. The responsible officials of the school or of the police. through force. or that the injury sustained shall require medical assistance for the same period. threat. If in consequence of the hazing the victim shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged for a period of more than thirty (30) days. The maximum penalty herein provided shall be imposed in any of the following instances: (a) when the recruitment is accompanied by force. violence. 5.
433 ii) Child prostitution. Special Protection of Children Against Child Abuse. punishable acts Children. exploitation and discrimination. or (4) Failure to immediately give medical treatment to an injured child resulting in serious impairment of his growth and development or in his permanent incapacity or death. prejudicial to their development. or 430 431 R. Exploitation. syndicate or group. exploitation or discrimination because of a physical or mental disability or condition. are deemed to be children exploited in prostitution and other sexual abuse. 139 . neglect.d. 432 Child abuse" refers to the maltreatment. (2) Any act by deeds or words which debases. 7610. as amended. indulge in sexual intercourse or lascivious conduct. provide sanctions for their commission and carry out a program for prevention and deterrence of and crisis intervention in situations of child abuse432. the following: (1) Acting as a procurer of a child prostitute. refers to person below eighteen (18) years of age or those over but are unable to fully take care of themselves or protect themselves from abuse. neglect. facilitate or induce child prostitution which include. (2) Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar means. sexual abuse and emotional maltreatment. profit. such as food and shelter. who for money. cruelty exploitation and discrimination and other conditions.A. cruelty. 433 Sec. but are not limited to. and Discrimination Act430 i) Coverage Special protection to children431 from all forms of abuse. degrades or demeans the intrinsic worth and dignity of a child as a human being. whether male or female. The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following: (a) Those who engage in or promote. or any other consideration or due to the coercion or influence of any adult. (3) Taking advantage of influence or relationship to procure a child as prostitute. of the child which includes any of the following: (1) Psychological and physical abuse. whether habitual or not. cruelty. (3) Unreasonable deprivation of his basic needs for survival. 2. neglect. (4) Threatening or using violence towards a child to engage him as a prostitute.
place of entertainment or establishment serving as a cover or which engages in prostitution in addition to the activity for which the license has been issued to said establishment. or for any other consideration.434 and (c) Those who derive profit or advantage therefrom. 3815. or of the sauna. 7. 435 Sec. The penalty shall be imposed in its maximum period when the victim is under twelve (12) years of age.(5) Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage such child in prostitution. shall suffer the penalty of reclusion temporal to reclusion perpetua. the perpetrators shall be prosecuted under Article 335. as amended. The penalty for lascivious conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its medium period. disco. paragraph 3. resort.436 434 When the victim is under twelve (12) years of age. the Revised Penal Code. but not limited to. as the case may be. 140 . whether as manager or owner of the establishment where the prostitution takes place. for rape and Article 336 of Act No. bar. for rape or lascivious conduct. 5 436 Sec. or barter. punishable acts Any person who shall engage in trading and dealing with children including. (b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in prostitution or subject to other sexual abuse.435 iii) Child trafficking. the act of buying and selling of a child for money.
and degrade his/her personality and dignity. 2.A. corrosive or harmful substances over the body of the child in conflict with the law. 3. 2. to enroll the child as required by Article 72. Likewise. prohibited: 1.A. 141 . 4. care and protection he needs. Compelling the child to perform involuntary servitude in any and all forms under any and all instances.439 The following and any other similar acts shall be considered prejudicial and detrimental to the psychological. 9344. the competent authorities must refrain from branding or labeling children as young criminals. Employment of threats of whatever kind and nature. R. 603. Employment of abusive. P. 3. Conceals or abandons the child with intent to make such child lose his civil status. coercive and punitive measures such as cursing.440 Criminal liability shall attach to any parent who: 1. Sells or abandons the child to another person for valuable consideration. and 4. stripping. spiritual.D.437 also refer to Child and Youth Welfare Code438 i) Punishable acts In the conduct of the proceedings beginning from the initial contact with the child. Employment of degrading. 60. as amended 439 Sec. moral and physical health and well-being of the child in conflict with the law and therefore. 437 438 R. Abandons the child under such circumstances as to deprive him of the love. pouring irritating. id. without justifiable grounds. no discriminatory remarks and practices shall be allowed particularly with respect to the child's class or ethnic origin.e. or forcing him/her to walk around the community wearing signs which embarrass. emotional. 9344 440 Sec. prostitutes or attaching to them in any manner any other derogatory names. social. humiliate.. Fails or refuses. Neglects the child by not giving him the education which the family's station in life and financial conditions permit. inhuman end cruel forms of punishment such as shaving the heads. 5. 61. Juvenile Justice and Welfare Act of 2006. and solitary confinement. juvenile delinquents. beating.
regardless of its ownership. Human Security Act of 2007445 i) Punishable acts of terrorism446 ii) Who are liable447 441 442 Absence without cause for more than twenty (20) schooldays. Include the guardian and the head of the institution or foster home which has custody of the child. promoting. 59. abets or connives with the commission by a child of a delinquency. Permits the child to possess. 603 444 Art. directly or indirectly. It shall be the duty of the teacher in charge to report to the parents the absences of the child the moment these exceed five (5) schooldays. 11. If the motor vehicle driven by the child belongs to the parent. Causes. 445 R. 7. who knowingly or wilfully. id. 142 .444 f. Inflicts cruel and unusual punishment upon the child or deliberately subjects him to indignation and other excessive chastisement that embarrasses or humiliates him. P.443 A person whether the parent or guardian of the child or not. 9. handle or carry a deadly weapon. or permits the truancy441 of the child from the school where he is enrolled.442 it shall be presumed that he permitted or ordered the child to drive. 204. 12.D. Does any act producing. 10. Causes or encourages the child to lead an immoral or dissolute life. Improperly exploits the child by using him. 9372 446 supra 447 Ibid. 443 Art. 2. Aids.A.6. causes. such as for purposes of begging and other acts which are inimical to his interest and welfare. or contributing to a child's being or becoming a juvenile delinquent. not necessarily consecutive. abates. 8. Allows or requires the child to drive without a license or with a license which the parent knows to have been illegally procured. or 1.
without having attained the purpose intended and c. Offender is a private person b. Any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made.9. Offender is a private individual detention448 b. He kidnaps or detains another. or 4. In the commission of the offense. Kidnapping/detention lasts for more than 3 days 2. Slight illegal detention451 a. 268 Privileged mitigating circumstances: If the offender: a. before the institution of criminal proceedings against him 143 . Crimes Against Personal Liberty and Security Crimes Elements Kidnapping and serious illegal a.450 female or a public officer. He kidnaps or detains another or in any other manner deprives him of his liberty / furnished place for the perpetuation of the crime c. 267 becomes serious 450 except if parent is the offender 451 Art. or in any other manner deprives the latter of his liberty c. It is committed simulating public authority 3. voluntarily releases the person so kidnapped or detained within 3 days from the commencement of the detention b. any of the following circumstances are present:449 1. The act of detention or kidnapping must be illegal d. that the person kidnapped or detained is a minor. The act of detention or kidnapping must be illegal 448 449 Art.
Offender arrests or detains another person b. 269 Offender is any person. kidnaps or detains a supra Art. The arrest or detention is not authorized by law or there is no reasonable ground therefor. the detention is not authorized by law In Art 125. Slavery458 452 453 a. 270 455 whether over or under 7 but less than 18 yrs old 456 Art.d. He deliberately fails to restore the said minor to his parents. b. Offender purchases. sells. Kidnapping and failure to return a a. The minor457 is living in the home of his parents home456 or guardians or the person entrusted with his custody. committed with criminal intent and determined by a will to cause damage Minor should not leave his home of his own free will Mitigating if by father or mother 457 whether over or under 7 458 Art. Offender induces a minor to abandon such home. the arrest is not authorized by law 454 Art. the crime pertains to failure to deliver the person to the proper judicial authority within the prescribed period while here. 272 Qualifying circumstance – if the purpose of the offender is to assign the offended party to some immoral traffic (prostitution). Inducing a minor to abandon his a.452 Unlawful arrest453 a. Offender is entrusted with the custody of a minor454 minor person455 b. so either a public officer or private individual Refers to warrantless arrests In Art 125. the detention is for some legal ground while here. The crime is committed without the attendant of any of the circumstances enumerated in Art 267. The purpose of the offender is to deliver him to the proper authorities c. the penalty is higher 144 . 271 Inducement must be actual.
unless such omission shall constitute a more serious offense a. Offender retains a minor in his service. when he can render such assistance without detriment to himself. 459 460 Failing to deliver a child. It is against the will of the minor. Failing to render assistance to any person whom the offender finds in an inhabited place wounded or in danger of dying. Place is not inhabited. It is against the debtor’s will. b. Services rendered under a. The accused can render assistance without detriment to himself. The purpose is to require or enforce the payment of a debt. Abandonment of person in danger and abandonment of one’s own victim461 1. 275 145 . Art. guardian or person entrusted with the custody of such minor. c. The accused fails to render assistance. Failing to help or render assistance to another whom the offender has accidentally wounded or injured 3. 274 461 Art. The purpose of the offender is to enslave such human being. c. b. 2. compulsion in payment of debt460 either as household servant or farm laborer. It is under the pretext of reimbursing himself of a debt incurred by an ascendant. Offender compels a debtor to work for him. The accused found there a person wounded or in danger of dying.human being. c. b. Exploition of child labor459 a. d. b. 273 Art.
The child is under seven (7) years of age. permanent. indifference of parents463 1. if the life of the minor was in danger because of the abandonment 463 Art. or by failing to take him to a safe place Abandoning a minor462 a. Delivering a minor to a public institution or other persons w/o consent of the one who entrusted such minor to the care of the offender or. c. in the absence of that one. b. He delivers said minor to a public institution or other persons. Offender has charged of the rearing or education of a minor. 462 Art. d. He abandons such child. 2. Abandonment of minor by person entrusted with his custody. deliberate. c. to the authorities or to his family. Neglecting his464 children by not a. He neglects his children by not giving them condition permits education. c. giving them education which their station in life requires and financial b. His station in life requires such education and his financial condition permits it. or if the one who entrusted such child to the offender is absent. without the consent of the proper authorities a. the proper authorities have not consented to it. He has no intent to kill the child when the latter is abandoned. Offender has the custody of a child.under 7 whom the offender has found abandoned. 277 464 offender 146 . unless punishable by a more serious offense Qualifying circumstances: a. The one who entrusted such child to the offender has not consented to such act. b. 276 Conscious. when the death of the minor resulted from such abandonment b. Offender is a parent.
278 Qualifying Circumstance – if the delivery of the child to any person following any of the callings of acrobat. compensation or promise. the penalty is higher. guardian. or wild-animal tamer or circus manager or engaged in a similar calling.Exploitation of minors465 1. 5. the offender being engaged in any of said callings. curators or teachers to follow any person engaged in any of the callings mentioned in par 2 or to accompany any habitual vagrant or beggar. Employing children under 16 who are not the children or descendants of the offender in exhibitions of acrobat. guardians. diver. rope-walker. Employing any descendant under 12 in dangerous exhibitions enumerated in the next preceding paragraph. Delivering a child under 16 gratuitously to any person following any of the callings enumerated in par 2 or to any habitual vagrant or beggar. 465 Art. the offender being an ascendant. physical strength or contortion. teacher or person entrusted in any capacity with the care of such child. 147 . the offender being any person. rope-walker. Inducing any child under 16 to abandon the home of its ascendants. 3. 4. Causing any boy or girl under 16 to perform any dangerous feat of balancing. 2. the offender being any person. diver or wild-animal trainer or circus manager or to any habitual vagrant of beggar is made in consideration of any price. gymnast.
but the intention to kill came to his mind when he was being arrested by the occupants thereof. He enters the dwelling of another. tavern etc. of any wrong. or upon that of the latter’s family. Offender enters the closed premises or the fenced estate of another. honor or property that of his family of any wrong amounting to a crime and 466 Art. c. while open Medina case: when the accused entered the dwelling through the window. this is the crime May be committed even by the owner (as against the actual occupant) Not applicable to: a. the occupants or a third person b. b. place is a café. c. Such entrance is against the latter’s will. Threatening another with the infliction upon his person. 1. Offender threatens another person with the infliction upon the latter’s person. the penalty is higher There must be an opposition to the entry of the accused Implied prohibition is present considering the situation – late at night and everyone’s asleep or entrance was made through the window Prohibition is not necessary when violence or intimidation is employed by the offender When there is no overt act of the crime intended to be committed. Offender is a private person. The trespasser has not secured the permission of the owner or the caretaker thereof. d. honor or property. 281 468 Art. entrance is for the purpose of preventing harm to himself. he had no intent to kill any person inside. 280 Qualifying circumstance: if the offense is committed by means of violence or intimidation.Trespass to dwelling466 a. 282 Aggravating circumstances: if made in writing or thru a middleman Frustrated – if not received by the person being threatened Art 284 bond from good behavior may be imposed (only in these offenses) 148 . The entrance is made while either of them is uninhabited. purpose is to render some service to humanity or justice c. The prohibition to enter be manifest. Grave threats where attained his purpose468 offender a. Other forms of trespass467 a. the crime of trespass to dwelling is a separate and distinct offense from frustrated homicide 467 Art. b.
without persisting in the idea involved in the 469 470 Threat is with condition threat is without condition 471 Art. Offender has attained his purpose or. even though not unlawful and the offender469 c. that he has not attained his purpose. even though not unlawful. b. 283 Only in these offenses The wrong does not amount to a crime 472 Art. The wrong does not constitute a crime. b. 2. Offender makes a threat to commit a wrong. the threat not being subject to a condition470 a. other condition. or upon that of the latter’s family.demanding money or imposing any b. of any wrong. There is a demand for money or that any other condition is imposed. c. 285 149 . even though not unlawful d. person orally threatens another with some harm constituting a crime. Such wrong amounts to a crime. 284 473 Art. honor or property or that of his family of any wrong amounting to a crime. Offender attains his purpose. Bond for good behavior472 Other light threats473 a. honor or property. c. or draw weapon in a quarrel unless in self-defense. Threatening another with the infliction upon his person. The threat is not subject to a condition Light threats471 a. Person shall threaten another with a weapon. Offender threatens another person with the infliction upon the latter’s person. In the heat of anger. Making such threat without the offender attaining his purpose 3. There is a demand for money or that other condition is imposed. d. b. Such wrong amounts to a crime.
threat. He or such firm or corporation has employed laborers or employees. The purpose of the offender is to apply the same to the payment of the debt. 287 476 Art. 286 Art. b. Grave coercions474 a. in other words. He seizes anything belonging to his debtor. or knowingly permits to be forced or compelled. 288 150 . Other similar coercions476 No. The seizure of the thing be accomplished by means of violence or a display of material force producing intimidation. that the restraint shall not be made under authority of law or in the exercise of any lawful right. The prevention or compulsion be effected by violence. b. c. of force as would produce intimidation and control the will. agent or officer of any association or corporation. Subsequent acts did not persist. He forces or compels. Light coercions475 a. or. Offender is any person. The person that restrained the will and liberty by another had not the authority of law or the right to do so. directly or indirectly. c. c. d. c. any of his or its laborers or employees to purchase 474 475 Art. A person prevented another from doing something or not to do something against his will. b. Offender must be a creditor. be it right or wrong. 1 a. Person orally threatens another with harm not constituting a felony.
Offender is a manager. Discovering secrets through a. 289 Art. Formation. Such employee or laborer does not expressly request that he be paid by means of tokens or objects. The purpose is to organize. Those tokens or objects are other than the legal tender currency to the Philippines. Offender pays the wages due a laborer or employee employed by him by means of tokens or objects. Offender employs violence or threats. strike of laborers or lockout of employees. the penalty is higher 479 Art. d. He seizes the papers or letters of another. employee or servant. Offender is informed of the contents or the papers or letters seized. maintenance. and prohibition of combination of capital or labor through violence or threats477 a. c. Revealing secrets with abuse of a. office479 477 478 Art. b.merchandise or commodities of any kind from his or from said firm or corporation. in such a degree as to compel or force the laborers or employers in the free and legal exercise of their industry or work b. 290 Not applicable to parents with respect to minor children Contents need not be secret but purpose prevails Circumstances qualifying the offense: when the offender reveals contents of such papers or letters of rd another to a 3 person. The purpose is to discover the secrets of such another person. 291 151 . 2 a. b. Offender is a private individual or even a public seizure of correspondence478 officer not in the exercise of his official function. c. No. maintain or prevent coalitions of capital or labor.
c. Prejudice is caused to the owner. b. d.b. He learns the secrets of his principal or master in such capacity. Offender reveals such secrets. The manufacturing or industrial establishment has a secret of the industry which the offender has learned. Revelation of industrial secrets480 a. c. Offender is a person in charge. 292 152 . 480 Art. employee or workman of a manufacturing or industrial establishment. He reveals such secrets.
A. to knowingly possess any tape record. conspiracy to commit sedition. permits. espionage. or record such communication or spoken word by using a device commonly known as a dictaphone or dictagraph or dictaphone or walkie-talkie or tape recorder. The use of such record or any copies thereof as evidence in any civil. Any person who willfully or knowingly does or who shall aid. inciting to rebellion. shall not be covered by this prohibition482. intercept. 153 . provoking war and disloyalty in case of war. punishing espionage and other offenses against national security. 2. or causes such violation shall. 616. whether complete or partial.a. ii) Exceptions Any peace officer. mutiny in the high seas. to any other person. be he a participant or not in the act or acts penalized in the next preceding sentence. to tap any wire or cable. or however otherwise described: It shall also be unlawful for any person. either verbally or in writing. if the offender is an alien he shall be subject to deportation proceedings483. to secretly overhear. to execute any of the acts declared to be unlawful in the two preceding sections in cases involving the crimes of treason. Anti-Wire Tapping Act481 i) Punishable acts It shall be unlawful for any person. 1 483 Sec. or to communicate the contents thereof. of any communication or spoken word secured either before or after the effective date of this Act in the manner prohibited by this law. conspiracy and proposal to commit rebellion. and. be punished by imprisonment for not less than six months or more than six years and with the accessory penalty of perpetual absolute disqualification from public office if the offender be a public official at the time of the commission of the offense. permit. inciting to sedition. upon conviction thereof. or aids. or cause to be done any of the acts declared to be unlawful in the preceding section or who violates the provisions of the following section or of any order issued thereunder. disc record. and violations of Commonwealth Act No. who is authorized by a written order of the Court. piracy. or copies thereof. sedition. 4200 Sec. rebellion. or any other such record. not being authorized by all the parties to any private communication or spoken word. wire record. Such written order shall only be issued or granted upon written application and the examination under oath or affirmation of the applicant and the witnesses he may produce and a showing: (1) that there are reasonable grounds to believe that any of the crimes 481 482 R. or by using any other device or arrangement. or to replay the same for any other person or persons. kidnapping as defined by the Revised Penal Code. criminal investigation or trial of offenses mentioned in section 3 hereof. or to furnish transcriptions thereof.
upon a written order of the Court of Appeals. journalists and their sources and confidential business correspondence shall not be authorized. have actually been or are being committed. and (3) that there are no other means readily available for obtaining such evidence. sedition. Surveillance.enumerated hereinabove has been committed or is being committed or is about to be committed. 3 R. as the case may be. Human Security Act of 2007485 i) Surveillance of suspects and interception and recording of communications The provisions of Republic Act No.487 ii) Restriction on travel In cases where evidence of guilt is not strong. or spoken or written words between members of a judicially declared and outlawed terrorist organization. 9372 486 Anti-Wire Tapping Law 487 Sec. any communication. or to the solution of. association. (2) that there are reasonable grounds to believe that evidence will be obtained essential to the conviction of any person for. message. 7 154 . or with the use of any other suitable ways and means for that purpose. and inciting to sedition. 4200486 to the contrary notwithstanding. conversation. a police or law enforcement official and the members of his team may.A. conspiracy to commit sedition. upon application by the prosecutor. with the use of any mode. listen to. and the person charged with the crime of terrorism or conspiracy to commit terrorism is entitled to bail and is granted the same. any of such crimes. doctors and patients. kind or type of electronic or other surveillance equipment or intercepting and tracking devices. discussion. such authority shall be granted only (1) upon prior proof that a rebellion or acts of sedition. inciting to rebellion. In cases involving the offenses of rebellion.484 b. form. shall limit the right of travel of the accused to within the municipality or city where he resides or where the case is pending. the court. or to the prevention of. conspiracy and proposal to commit rebellion. intercept and record. or group of persons or of any person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism. in the interest 484 485 Sec. interception and recording of communications between lawyers and clients.
he or she may not use telephones. 26 155 . 488 The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. the deposits.of national security and public safety. computers. Neither shall the right to travel be impaired except in the interest of national security. Travel outside of said municipality or city. placements. While under house arrest.489 He/she may also be placed under house arrest by order of the court at his or her usual place of residence. the internet or other means of communications with people outside the residence until otherwise ordered by the court. Section 6 488 of the Constitution. 1405 as amended. e-mails. consistent with Article III. or group of persons. 489 Sec. and records from a bank or financial institution. (2) of a judicially declared and outlawed terrorist organization. placements. to the contrary notwithstanding. may authorize in writing any police or law enforcement officer and the members of his/her team duly authorized in writing by the anti-terrorism council to: (a) examine. iii) Examination of bank deposits and documents a) Judicial Authorization The provisions of Republic Act No. assets. assets and records in a bank or financial institution. the justices of the Court of Appeals designated as a special court to handle anti-terrorism cases after satisfying themselves of the existence of probable cause in a hearing called for that purpose that: (1) a person charged with or suspected of the crime of terrorism or. public safety. or group of persons. association. and (3) of a member of such judicially declared and outlawed organization. and (b) gather or cause the gathering of any relevant information about such deposits. trust accounts. association. or cause the examination of. cellphones. which shall then be forfeited as provided under the Rules of Court. The restrictions abovementioned shall be terminated upon the acquittal of the accused or of the dismissal of the case filed against him or earlier upon the discretion of the court on motion of the prosecutor or of the accused. conspiracy to commit terrorism. shall be deemed a violation of the terms and conditions of his bail. trust accounts. without the authorization of the court. as may be provided by law. or public health.
and records: (1) of a person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism. trust accounts. 46 156 .492 iv) Unauthorized revelation of classified materials The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon any person. assets. who shall be its chairperson. 492 Sec. 28 493 Sec. shall not refuse to allow such examination or to provide the desired information. as its other members. association. placements. placements. and (7) the National Security Advisor. and records of those mentioned under nos.493 490 491 Sec. (6) the Secretary of Finance. police or law enforcement agent. 1 to 3 above. (4) the Secretary of National Defense. who shall be its Vice Chairperson. the witnesses he may produce to establish the facts that will justify the need and urgency of examining and freezing the bank deposits. reveals in any manner or form any classified information under this Act. association. or group of persons. 27 The members of the Council are: (1) the Executive Secretary. or group of persons in a bank or financial institution. trust accounts. (2) the Secretary of Justice. assets. judicial officer or civil servant who.490 b) Application The written order of the Court of Appeals authorizing the examination of bank deposits. (5) the Secretary of the Interior and Local Government. and (3) the Secretary of Foreign Affairs. not being authorized by the Court of Appeals to do so. when so. and upon examination under oath or affirmation of the applicant and. or (3) of any member of such organization. shall only be granted by the authorizing division of the Court of Appeals upon an ex parte application to that effect of a police or of a law enforcement official who has been duly authorized in writing to file such ex parte application by the Anti-Terrorism Council created in Section 53491 of this Act to file such ex parte application.The bank or financial institution concerned. and the gathering of any relevant information about the same from said bank or financial institution. ordered by and served with the written order of the Court of Appeals. (2) of any judicially declared and outlawed terrorist organization.
adopt. offering. transfer. sexual exploitation. real or simulated. to commit any of the following acts: (a) To recruit. (e) To maintain or hire a person to engage in prostitution or pornography. as provided for under Republic Act No. buying. pornography. selling. slavery. 494 495 R. sexual exploitation. Anti-Trafficking in Persons Act of 2003494 I) Punishable acts It shall be unlawful for any person.c. (d) To undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose of utilizing and offering persons for prostitution. by means of threat or use of force. pornography or sexual exploitation. involuntary servitude or debt bondage. slavery. and (h) To recruit. transport. (c) To offer or contract marriage. sexual exploitation. coercion. involuntary servitude or debt bondage. selling or trading him/her to engage in prostitution. fraud. building or establishment for the purpose of promoting trafficking in persons. forced labor or slavery. hire. forced labor.495 The following acts which promote or facilitate trafficking in persons. or intimidation for the purpose of removal or sale of organs of said person. or material. 157 . (b) To introduce or match for money. pornography.A. use or allow to be used any house. for marriage for the purpose of acquiring. transport or adopt a child to engage in armed activities in the Philippines or abroad. violence. involuntary servitude or debt bondage. pornography. sexual exploitation. economic or other consideration. pornography. 6955. forced labor. deceit. transport or abduct a person. 9208 Sec. or trading them to engage in prostitution. any Filipino woman to a foreign national. for the purpose of prostitution. for the purpose of acquiring. (g) To recruit. (f) To adopt or facilitate the adoption of persons for the purpose of prostitution. shall be unlawful: (a) To knowingly lease or sublease. forced labor. buying. provide. offering. including those done under the pretext of domestic or overseas employment or training or apprenticeship. harbor. involuntary servitude or debt bondage. 4. slavery. natural or juridical. or receive a person by any means. profit. any person or.
print and issue or distribute unissued. individually or as a group. broadcasting or distribution by any means. registration stickers and certificates of any government agency which issues these certificates and stickers as proof of compliance with government regulatory and predeparture requirements for the purpose of promoting trafficking in persons. flyer. forced labor. or cause the advertisement. otherwise known as the "Inter-Country Adoption Act of 1995" and said adoption is for the purpose of prostitution. pornography. territorial boundaries and seaports who are in possession of unissued. or any propaganda material that promotes trafficking in persons. (b) When the adoption is effected through Republic Act No. (d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of clearances and necessary exit documents from government agencies that are mandated to provide pre-departure registration and services for departing persons for the purpose of promoting trafficking in persons.496 The following are considered as qualified trafficking: (a) When the trafficked person is a child. or in large scale. including the use of information technology and the internet. or personal documents or belongings of trafficked persons in furtherance of trafficking or to prevent them from leaving the country or seeking redress from the government or appropriate agencies. (e) To facilitate. sibling. tampered or fraudulent travel documents for the purpose of promoting trafficking in persons. (d) When the offender is an ascendant. travel documents. print. assist or help in the exit and entry of persons from/to the country at international and local airports. involuntary servitude or debt bondage. or destroy the passport. parent.(b) To produce. (c) To advertise. (c) When the crime is committed by a syndicate. of any brochure. printing. forced labor. broadcast or distribute. sexual exploitation. Trafficking is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another. financial or otherwise. 496 Sec. or slavery. and (g) To knowingly benefit from. slavery. 8043. conceal. 5. publication. 158 . guardian or a person who exercises authority over the trafficked person or when the offense is committed by a public officer or employee. It is deemed committed in large scale if committed against three (3) or more persons. the labor or services of a person held to a condition of involuntary servitude. (f) To confiscate. or make use of. tampered or fake counseling certificates. publish.
(e) When the trafficked person is recruited to engage in prostitution with any member of the military or law enforcement agencies. 6. becomes insane. suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS). the offended party dies.497 497 Sec. (f) When the offender is a member of the military or law enforcement agencies. 159 . and (g) When by reason or on occasion of the act of trafficking in persons.
not upon the thing General rule: violence or intimidation must be present before the “taking” is complete Except: when violence results in – homicide. even if taking is already complete when violence was used by the offender Use of force upon things – entrance to the building by means described in Arts. 293 Belonging to another – person from whom property was taken need not be the owner. Robbery with violence against or By reason or on occasion of the robbery. 299 and 302 (offender must enter) When both violence or intimidation and force upon things concur – it is robbery with violence 499 Art. legal possession is sufficient Name of the real owner is not essential so long as the personal property taken does not belong to the accused except if crime is robbery with homicide Taking of personal property – must be unlawful. intentional mutilation or any of the serious physical injuries in par 1 and 2 of art 263. and There is violence against or intimidation of any person. robbery with rape – intent to commit robbery must precede rape. 294. if given in trust – estafa As to robbery with violence or intimidation – from the moment the offender gains possession of the thing even if offender has had no opportunity to dispose of the same. Prosecution of the crime need not be by offended party – fiscal can sign the information. the taking of the property is robbery complexed with any of these crimes under Art. There is unlawful taking of that property. b. Still robbery with homicide – if the person killed was an innocent bystander and not the person robbed and if death supervened by mere accident. the unlawful taking is complete As to robbery with force upon things – thing must be taken out of the building Intent to gain – presumed from unlawful taking Taking must not be under the claim of title or ownership When there’s no intent to gain but there is violence in the taking – grave coercion Violence or intimidation must be against the person of the offended party. rape. robbery with homicide – if original design is robbery and homicide is committed – robbery with homicide even though homicide precedes the robbery by an appreciable time. The taking must be with intent to gain.10. or force upon anything. rape should be considered as aggravating only and the crime is still robbery with homicide 160 . 294 Special complex crimes (specific penalties prescribed) a. Crimes Against Property Crimes Robbery in general498 Elements There be personal property belonging to another. If original design is not robbery but robbery was committed after homicide as an afterthought – 2 separate offenses. the intimidation of person499 following are committed: 498 Art. When rape and homicide coexist.
1. Homicide 2. Robbery accompanied with rape or intentional mutilation, SPI – insane, imbecile, impotent or blind 3. SPI – lost the use of speech, hear, smell, eye, hand, foot, arm, leg, use of any such member, incapacitated for work habitually engaged in. 4. Violence/intimidation shall have been carried to a degree clearly unnecessary for the crime or when in the cause of its execution – SPI/deformity, or shall have lost any part of the body or the use thereof or shall have been ill or incapacitated for the performance of the work for > 90 days; > 30 days 5. Any kind of robbery with less serious physical injuries or slight physical injuries Qualified robbery with violence or intimidation500 Robbery by a band501 a. More than 3 armed malefactors b. Liability for the acts of the other members of the band 1. he was a member of the band
robbery with intimidation – acts done by the accused which by their own nature or by reason of the circumstances inspire fear in the person against whom they are directed Qualifying circumstances in robbery with violence or intimidation of persons, if any of the offenses defined in subdivisions 3, 4 and 5 of Art 294 is committed: a. in an uninhabited place or b. by a band or c. by attacking a moving train, street car, motor vehicle or airship, or d. by entering the passenger’s compartments in a train, or in any manner taking the passengers thereof by surprise in the respective conveyances, or e. on a street, road, highway or alley and the intimidation is made with the use of firearms, the offender shall be punished by the max period of the proper penalties prescribed in art 294 500 Art. 295 Must be alleged in the information Can’t be offset by generic mitigating Art. 295 will not apply to: robbery w/ homicide, rape or SPI under par. 1 of Art. 263 501 Art. 296 c.
2. he was present at the commission of a robbery by that band 3. other members of the band committed an assault 4. he did not attempt to prevent the assault502 Attempted or frustrated robbery with homicide503 Execution of deeds by means of a. Offender has intent to defraud another. violence or intimidation504 b. Offender compels him to sign, execute, or deliver any public instrument or document. c. The compulsion is by means of violence or intimidation. Robbery in an inhabited house or a. Offender entered public building or edifice devoted to worship505 1. an inhabited house, or
1. Conspiracy to commit robbery with homicide – even if less than 4 armed men 2. Conspiracy to commit robbery only but homicide was committed also on the occasion thereof – all members of the band are liable for robbery with homicide 3. Conspiracy is presumed when 4 or more armed persons committed robbery 4. Unless the others attempted to prevent the assault – guilty of robbery by band only 503 Art. 297 1. Whether robbery is attempted or frustrated, penalty is the same 2. Where offense committed is attempted or frustrated robbery with serious physical injuries – Article 48 is applicable 504 Art. 298 505 Art. 299 Includes dependencies (stairways, hallways, etc.) Inhabited house – any shelter, ship or vessel constituting the dwelling of one or more person even though temporarily absent – dependencies, courts, corals, barns, etc. Not included – orchard, lands for cultivation. Important for robbery by use of force upon things, it is necessary that offender enters the building or where object may be found. NO ENTRY, NO ROBBERY Entrance is necessary – mere insertion of hand is not enough (whole body); not to get out but to enter – therefore, evidence to such effect is necessary P v. Lamahang – intent to rob being present is necessary Place: house or building; not car Public building – every building owned, rented or used by the government (though owned by private persons) though temporarily vacant Not robbery – passing through open door but getting out of a window
2. public buildings, or 3. edifice devoted to religious worship. b. The entrance was effected by any of the following means: 1. Through an opening not intended for entrance or egress. 2. By breaking any wall, roof, or floor or breaking any door or window. 3. By using false keys, picklocks or similar tools or. 4. By using any fictitious name or pretending the exercise of public authority. c. Once inside the building, the offender took personal property belonging to another with intent to gain.
Outside door must be broken, smashed. Theft – if lock is merely removed or door was merely pushed False keys – genuine keys stolen from the owner or any keys other than those intended by the owner for use in the lock Picklocks – specially made, adopted for commission of robbery Key – stolen not by force, otherwise, it’s robbery by violence and intimidation against persons False key – used in opening house and not furniture inside, otherwise, theft (for latter to be robbery., must be broken and not just opened) Gen. Rule: outside door. Exception: inside door in a separate dwelling, e.g. pretending to be police to be able to enter (not pretending after entrance)
Robbery with force upon things506
a. Offender is inside a dwelling house, public building, or edifice devoted to religious worship, regardless of the circumstances under which he entered it b. Offender takes personal property belonging to another with intent to gain, under any of the following circumstances: 1. Breaking of doors, wardrobes, chests, or any other kind of locked or sealed furniture or receptacle, or 2. Taking such furniture or objects away to be broken or forced open outside the place of the robbery.
Robbery in an uninhabited place and by a band507 Robbery in an uninhabited place a. Offender entered an uninhabited place or a or in a private building508 building which was not a dwelling house, not a
Art. 299 (b) Entrance ( no matter how done) Offender may be servants or guests Destruction of keyhole of cabinet is robbery here When sealed box is taken out for the purpose of breaking it, no need to open – already consummated robbery Estafa – if box is in the custody of accused Theft – if box found outside and forced open 507 Art. 300 What is an uninhabited house, public building or building dedicated to religious worship and their dependencies (Art. 301) 1. Dependencies – are all interior courts, corrals, warehouses, granaries or enclosed places: a. contiguous to the building b. having an interior entrance connected therewith c. which form part of the whole 2. Garage – must have 3 requirements. Exception: orchards/lands 508 Art. 302 Second kind of robbery with force upon things Uninhabited place – is an uninhabited building (habitable, not any of the 3 places mentioned) Ex. warehouse, freight car, store. Exception: pigsty Same manner as Art. 299 except that was entered into was an uninhabited place or a building other than the 3 mentioned in Art. 299. Exception: does not include use of fictitious name or pretending the exercise of public authority Breaking of padlock (but not door) is only theft
Such picklocks or similar tools are specially adopted to the commission of robbery. b. 4. With intent to gain. A closed or sealed receptacle was removed. Offender has in his possession picklocks or similar similar tools510 tools. chest. even if the same be broken open elsewhere. The entrance was effected through the use of false keys. 303 510 Art. the offender took therefrom personal property belonging to another. Any of the following circumstances was present: 1. c. b. A wall. floor. A door. or any sealed or closed furniture or receptacle was broken or 5. or outside door or window was broken. Robbery of cereals. Offender does not have lawful cause for such possession. 304 Actual use of the same is not necessary 165 . wardrobe. or not an edifice devoted to religious worship.public building. False keys – genuine keys stolen from the owner or any other keys other than those intended by the owner for use in the lock forcibly opened 509 Art. roof. Entrance was effected through an opening not intended for entrance or egress. picklocks or other similar tools. 2. 3. fruits or fire wood in an uninhabited place or private building509 Illegal possession of picklocks or a. c.
Genuine key stolen from owner. Taking of personal property. not robbery (not stolen) 512 Art. etc. Art. if members of lawless band and possession of unlicensed firearms (any of them) b. he in any manner aids. Offender does any of the following acts: 1. a. Offender knows the band to be of brigands. 306 PD 532 – Brigandage. He acquires or receives the property taken by such brigands. There is a band of brigands.False keys511 Picklocks. b. 305 Possession of false keys here not punishable If key was entrusted and used to steal. (b) extortion or other unlawful purpose. brigands513 b. Theft514 511 a. possession of any kind of arms (not just firearms) 513 Art. 308 Persons liable: 1. Seizure of any person for: (a) ransom. he gives them information of the movements of the police or other peace officers of the government or 3. abets or protects such band if brigands. (c) taking away of property by violence or intimidation or force upon things or other unlawful means Committed by any person on any Phil hi-way Presumption of Brigandage: a. c. 307 514 Art. or 2. Those who a) with intent to gain b) but without violence against or intimidation of persons not force upon things c) take personal property of another 166 . Any key other than those intended by owner for use in the lock forcibly opened by the offender Brigandage512 Brigands – more than three (3) armed persons forming a band Aiding and abetting a band of a.
fishing or gathering a. Those who a) having found lost property b) fail to deliver the same to local authorities or its owner 3. P v. felonious conversion. Dino – applies only in theft of bulky goods (meaning there has to be capacity to dispose of the things). Theft is consummated when offender is able to place the thing taken under his control and in such a situation as he could disclose of it at once (though no opportunity to dispose) i. The taking is accomplished without the use of violence against or intimidation of persons or force upon things. d) without the latter’s consent 2. The taking is done with intent to gain. cereals or other forest or farm products. par. There is an enclosed estate or a field where fruits.b. Offender enters the same. therefore must exclude “joyride” Theft: if after custody (only material possession) of object was given to the accused. Otherwise. qualified 167 . But it is estafa if juridical possession is transferred e. any benefit (e. Those who a) enter an enclosed estate or a field where b) trespass is forbidden or which belongs to another and. d. inspector misreads meter to earn b. The taking is done without the consent of the owner. without the consent of its owner c) hunts or fish upon the same or gather fruits. otherwise.g. Espiritu – full possession is enough Servant using car without permission deemed qualified theft though use was temporary Reyes says: there must be some character of permanency in depriving owner of the use of the object and making himself the owner. it is actually taken by him (no intent to return) e. If in bad faith – theft) Gain is not just Php – satisfaction. 308. Belonging to another.g. no.3 Fish not in fishpond. prior to this. c. e.e. in enclosed estate515 trespass is forbidden or which belongs to another. etc. the control test P v.g. use. pleasure desired. one using a jumper Selling share of co-partner is not theft Salary must be delivered first to employee. Those who a) after having maliciously damaged the property of another b) remove or make use of the fruits or object of the damage caused by them 4. by contract of bailment Includes electricity and gas a. b. taking of Php is theft If offender claims property as his own (in good faith) – not theft (though later found to be untrue. Hunting.. joyride) Actual gain is not necessary (intent to gain necessary) Allege lack of consent in info is important 515 Art.
fish from fishpond or fishery.g. Committed by domestic servant.c. e. On occasion of calamities and civil disturbance. guests no confidence. 310 “grave abuse” – high degree of confidence.g. Theft of property of the national library and national museum517 516 Art. guards. coconut from plantation 5. Offender hunts or fishes upon the same or gathers fruits. tellers novation theory applies only if there’s a relation industrial partner is not liable for QT (estafa) when accused considered the deed of sale as sham (modus) and he had intent to gain. or b. large cattle 4. mail matter 3. Qualified theft516 a. 226 517 Art. and d. motor vehicle 2.. Motor vehicle not used as PU in kabit system but under K of lease-estafa mail matter – private mail to be QT. or d. The hunting or fishing or gathering of products is without the consent of the owner. Not postmaster – Art. not qualified theft theft – material possession estafa – juridical possession qualified: if done by one who has access to place where stolen property is kept e. cereals or other forest or farm products. or c. 311 168 . Property stolen is: 1. his absconding is QT motor vehicle in kabit system sold to another-theft. With grave abuse of confidence.
b. Fraudulent insolvency520 a. c. b. The real property or real rights belong to another.culpable insolvency 521 that is. 518 519 Art. Offender takes possession of any real property or usurps any real rights in property. b. He absconds with his property. Altering boundaries 519 landmarks or a. Offender has an onerous obligation to deliver something of value. 522 Art. or any other marks intended to designate the boundaries of the same.521 b. quantity.Occupation of real property or usurpation of real rights in property518 a. He alters its substance. There is intent to gain. Violence against or intimidation of persons is used by the offender in occupying real property or usurpation real rights in property. Sub. or or means of deceit and 2. Offender alters said boundary marks.1. 314 . There be boundary marks or monuments of towns. d. Estafa in general522 a. 315 523 Art. provinces. There be prejudice to his creditors. Damage or prejudice capable of pecuniary estimation is caused to the offended party or third person. The accused defrauded another 1. or quality.315. (A) 169 . Estafa with unfaithfulness523 a. or estates. his obligations was due and payable. Offender is a debtor. 312 Art. c. 313 520 Art. by abuse of confidence. Par.
115 (Trust Receipts Law) – failure to turn over to the bank the proceeds of the sale of the goods covered by TR – Estafa c. Par. By misappropriating the thing received. By converting the thing received. no agreement as to quality – No estafa if delivery is unsatisfactory By misappropriating and converting a. the same. thing is received by offender under transactions transferring juridical possession. 3. Estafa m. There must be prejudice to another – not necessary that offender should obtain gain i. 2. goods. or dental on his part of such receipt. by altering the substance b.315.c. the owner expects an immediate return of the ting to him – otherwise. There be misappropriation or conversion of such money or property by the offender. 524 Art. thing delivered has not been fully or partially paid for – not estafa d. Estafa – not affected by Novation of Contract because it is a public offense e. Sub. b. sale on credit by agency when it was to be sold for cash – estafa d. Estafa with abuse of confidence524 a. Partners – No estafa of money or property received for the partnership when the business is commercial and profits accrued. or under any other obligation involving the duty to make delivery of or to return. under P. not ownership b. Converting – act of using or disposing of another’s property as if it was one’s own. same thing received must be returned otherwise estafa.D. But if property is received for specific purpose and is misappropriated – estafa! j.1. Misappropriating – to take something for one’s own benefit g. Novation must take place before criminal liability was incurred or perhaps prior to the filing of the criminal information in court by state prosecutors f. or on commission. Demand is not a condition precedent to existence of estafa when misappropriation may be established by other proof l. upon delivery of the thing to the offender. Damage or prejudice is caused to another. the private individual allegedly in conspiracy with him may be held liable for estafa 170 . Money. In theft. existing obligation to deliver – even if it is not a subject of lawful commerce c. By denying that the thing was received Unfaithful or Abuse of Confidence a. thing has been devoted for a purpose or use different from that agreed upon h. domestic or employee who misappropriates a thing he received from his master is NOT guilty of estafa but of qualified theft When in the prosecution for malversation the public officer is acquitted. Failure to account after the demand is circumstantial evidence of misappropriation k. or other personal property be received by the offender in trust. (B) 3 ways of committing: 1. or for administration. Servant.
or fraudulent means. The document so written creates a liability of. b. fraudulent act or fraudulent means must be made or executed prior to or simultaneously with the commission of the fraud. c. Above the signature of the offended party a document is written by the offender without authority to do so. Such misappropriation or conversion or dental is to the prejudice of another and d. fraudulent act.c. that is. The offended party must have relied on the false pretense. c. The paper with the signature of the offended party of the signature in blank525 be in blank. he was induced to part with his money or property because of the false pretense. 315 False pretenses or fraudulent acts – executed prior to or simultaneously with delivery of the thing by the complainant There must be evidence that the pretense of the accused that he possesses power/influence is false 171 . the offended party suffered damage. Estafa by taking undue advantage a. There is a demand made by the offended party to the offender. fraudulent act. 525 526 Art. fraudulent means must be made or executed prior to or b. d. As a result thereof. Such false pretense. or fraudulent means. There must be a false pretense. the offended party or any third person Estafa by means of deceit526 a. c. or causes damage to. The offended party should have delivered it to offender.
1 of B. d. He fails to keep sufficient funds or to maintain a credit to cover the full amount of the check if presented within a period of 90 days from the date appearing thereon. The person who makes or draws and issues the check knows at the time of issue that he does not have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment. or issued a check in issuing a check in payment of an payment of an obligation. Offense defined in the first par. 22 drawee bank when he makes or draws and issues a check. of a. Villapando. Sec. A person makes or draws and issues any check. 56 Phil.P. obligation527 b. b. vs.P. without any valid reason.31) Dishonor from lack of funds is prima facie evidence of deceit or failure to make good within three days after notice of. of Sec. Offender postdated a check. Such postdatig or issuing a check was done when the offender had no funds in the bank or his funds deposited therein were not sufficient to cover the amount of the check. The check is subsequently dishonored by the drawee bank for insufficiency of funds or credit. ordered the bank to stop payment. c. Elements of the offense defined in a. The check is made or drawn and issued to apply on account or for value. A person has sufficient funds in or credit with the the 2nd par. or would have been dishonored for the same reason had not the drawee. 527 Good faith is a defense.Estafa by postdating a check or a. 22528 b. 1 of B. No funds in the bank or his funds are not sufficient If check was issued in payment of pre-existing debt – no estafa Offender must be able to obtain something from the offended party by means of the check he issues and delivers If postdating a check issued as mere guarantee/promissory note – no estafa 528 Failure to make good within 5 banking days prima facie evidence of knowledge of lack and insufficiency of funds 172 . (P.
The offended party being deprived of his money pecuniary estimation531 or property. Offender had intent to defraud another. Deceit be employed to make him sign the document. The offended party personally signed the document. b. b. Estafa by inducing another to a. restaurants etc. The check is dishonored by the drawee bank. concealed or destroyed any of them. or c. documents or destroying documents530 any other papers. Damage or prejudice capable of a. inns. Offender removed. There be court records. Prejudice be caused. concealing or a. but where the accused made representation to mislead the complainants as to the character of the documents . By obtaining food or credit at hotels. Offender induced the offended party to sign a sign any documents529 document. office files.c. c. 529 If offended party willingly signed the document and there was deceit as to the character or contents of the document – falsification. b. Temporary prejudice. Disturbance in property right. d. as a result of the defraudation. c.estafa Estafa: Private individual was entrusted Intent to defraud Infidelity in the custody of documents: Public officer entrusted No intent to defraud 530 No intent to defraud – destroying or removal = malicious mischief 531 second element of any form of estafa 173 . Estafa by removing.
real property. Offender is the owner of personal property. 6 174 . Swindling by disposing of real a. par. The thing disposed of be real property. Prejudice is thereby caused to the possessor or third person. Offender is a surety in a bond given in a criminal mortgaging or encumbering real or civil action. Said personal property is in the lawful possession of another. although such b. Offender should have executed an act of ownership533 d. encumbering or mortgaging the real property 534 par.1 selling. Offender knew that the real property was encumbrance be not recorded534 encumbered. Offender wrongfully takes it from its lawful possessor. There must be express representation by the offender that the real property is free from encumbrance. Offender who is not the owner of said property represented that he is the owner thereof. such as a parcel of land encumbering. property as free from encumbrance.Swindling by conveying. Swindling536 by selling. The act of disposing of the real property be made to the damage of another. d. the owner his personal from its lawful possessor535 b. The act be made to the prejudice of the owner or a third person. 316. c. c. a. leasing. c. whether the encumbrance is recorded or not. 3 536 par. or mortgaging any or a building. 2. pretending to be the owner of the same532 b. d. Swindling by wrongfully taking by a. 532 533 Art. The thing be immovable. a. selling. 535 par.
318 175 . or. or 3. b. The consideration is 1. 316 Art. mortgages. He induces such minor 1. b. d. other personal property. d. Offender takes advantage of the inexperience or emotions or feelings of a minor. 317 539 Art. future-telling for profit or gain. to assume an obligation. 537 538 Art. Swindling a minor538 a. to give release. Other deceits539 a. He sells. before being relieved from the obligation contracted by him. or 3. mortage or encumbrance is 1. some loan of money 2. or 2. He guaranteed the fulfillment of such obligation the offender guaranteed the with his real property or properties. c. made before the cancellation of his bond. or 2. Such sale. or 3. forecast. Interpretation of dreams. without express authority from the court. Not mentioned above. to execute a transfer of any property right. fulfillment of his obligation as surety537 c. in any other manner encumbers said real property.property or properties with which b. The transaction is to the detriment of such minor. credit.
The removal is permanent. sells or pledges the same or any part thereof. barn. 1613 expressly repealed or amended Arts 320-326. 1744 revived Art.D. c. administration or assigns to such removal. Knowingly removing mortgaged Personal property is mortgaged under the chattel personal property541 mortage law. 542 P. b. shed or any other property is burned. storehouse. 323 176 . Offender knows that such property is so mortaged. 320 543 Art. Offender. 540 541 Art. There is no consent of the mortgagee written on the back of the mortgage and noted on the record thereof in the office of the register of deeds.D. The value of the property burned does not exceed 25 pesos c. Arson and other crimes involving destructions542 Arsons of values543 property of small a. The burning was done at a time or under circumstances which clearly exclude all danger of the fire spreading. There is no written consent of the mortgagee or his executors. An uninhabited hut.Selling or pledging personal property already pledged540 a. who is the mortgagee of such property. b. 319 Ibid. He removes such mortgaged personal to any province or city other than the one in which it was located at the time of the execution of the mortgage. Personal property is already pledged under the terms of the chattel mortgage law. but P.
or 3. The property burned is the exclusive property of the offender b. The purpose of the offender in doing so was to commit arson or to cause a great destruction c. The property belonging to another was burned or destroyed Arson a. sinking or stranding of a vessel 5. 544 545 Art. damaging the engine of the vessel 6. 325 177 . Burning one’s property as a a.Crimes involving destruction544 a. to defraud or cause damage to another or 2. prejudice is actually caused. explosion 2. destroying telegraph wires and posts or those of any other system 8. the thing burned is a building in an inhabited place. The purpose of the offender in burning it is 1. Offender set fire to or destroyed his own property means to commit arson545 b. other similar effective means of destruction. 325 Art. inundation 4. The destruction was done by means of: 1. Offender causes destruction of the property b. taking up rails from the railway track 7. discharge of electric current 3.
Malicious mischief546 Offender deliberately caused damage to the property of another. promenade. scattering human excrement b. 330 178 . killing of cow as an act of revenge Damage and obstivation to means a. Damage to property of national museum or library. telegraph. Other mischief548 Not included in Art. road.549 a. archive. Killing the cow as revenge If no malice – only civil liability Damage is also diminution in value But after damaging the thing. The act damaging another’s property be committed merely for the sake of damaging it. Done by damaging railways. Special cases mischief547 of malicious Obstruct performance of public functions. signal system of railways 546 Art. 326 Malicious mischief – willful damaging of another’s property for the sake of causing damage due to hate. 328. registry. 329 549 supra 550 Art. 328 Qualified malicious mischief – no uprising or sedition (#1) 548 Art. or any other thing ised in common by the public. waterworks. electric wires. Spreading infection or contagious among cattle. revenge or other evil motive No negligence Example. Such act does not constitute arson or other crimes involving destruction. Using poisonous or corrosive substances. traction cables. he used it = theft Damage is not incident of a crime (breaking windows in robbery) 547 Art. telephone of communication550 lines.
if living together. adopted children (descendants) c. 324 example: for transmission of electric power/light 553 Art. concubine/paramour (spouse) d. murder – if derailment is means of intent to kill none – Art 48 e. Brothers and sisters and brothers-in-law and sisters-in-law. Removing rails from tracks is destruction551 c. collision or other accident – a higher penalty shall be imposed Destroying or damaging statues. 332 Exemption is based on family relations Parties to the crime not related to the offended party still remains criminally liable Persons exempt include: a. ascendants and descendants or relatives by affinity in the same line 2. People killed as a result: 1. Swindling 3.b. Circumstance qualifying the offense if the damage shall result in any derailment of cars. stepfather/mother (ascendants by affinity) b. public monuments or paintings553 Exemption from criminal liability in crimes against property554 1. Not applicable when telegraph/phone lines don’t pertain to railways552 d. Theft 2. Offenses involved in the exemption: 1. 331 554 Art. common law spouse (property is part of their earnings) 179 . Spouse. The widowed spouse with respect to the property w/c belonged to the deceased spouse before the same passed into the possession of another 3. Malicious mischief 551 552 Art.
keep. 5.a. secure the necessary clearance or permit from the station commander of the Integrated National Police in the town or city where such store. object or anything of value which he knows. shall. to have been derived from the proceeds of the crime of robbery or theft. before offering the same for sale to the public. with intent to gain for himself or for another. sell or dispose of. 558 Sec. article item. 6. 180 . 1612 Sec. object. establishments or entities dealing in the buy and sell of any good. object of anything of value obtained from an unlicensed dealer or supplier thereof. establishment or entity is located. article. 557 Sec. 2. Any person who fails to secure the clearance or permit required by this section or who violates any of the provisions of the rules and regulations promulgated thereunder shall upon conviction be punished as a fence. conceal. or in any other manner deal in any article. acquire.558 555 556 P.D. receive.557 ii) Exception a) With clearance or permit to sell All stores. item. possess. No. item. Anti-Fencing Law555 and its Implementing Rules and Regulations i) Fencing a) Definition The act of any person who. or should be known to him. or shall buy and sell. shall buy.556 b) Presumption of fencing Mere possession of any good. or anything of value which has been the subject of robbery or thievery shall be prima facie evidence of fencing.
563 Sec.564 559 560 B. See Reference 181 . shall fail to keep sufficient funds or to maintain a credit to cover the full amount of the check if presented within a period of ninety (90) days from the date appearing thereon. February 14. 12-2000561 i) Punishable acts Any person who makes or draws and issues any check to apply on account or for value. 22 see Reference 561 ibid 562 Sec.P. 13-2001. without any valid reason. which check is subsequently dishonored by the drawee bank for insufficiency of funds or credit or would have been dishonored for the same reason had not the drawer.b. 2001.562 ii) Evidence of knowledge of insufficient funds The making. Bouncing Checks Law559 plus Administrative Circular No.P. ordered the bank to stop payment. 22560 and Administrative Circular No. the imposition of a fine alone should be considered as the more appropriate penalty. company or entity. drawing and issuance of a check payment of which is refused by the drawee because of insufficient funds in or credit with such bank. knowing at the time of issue that he does not have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment. or makes arrangements for payment in full by the drawee of such check within (5) banking days after receiving notice that such check has not been paid by the drawee. when presented within ninety (90) days from the date of the check. 1. 564 Administrative Circular No. for which reason it is dishonored by the drawee bank Where the check is drawn by a corporation.563 iii) Preference of imposition of fine Where the circumstances of both the offense and the offender clearly indicate good faith or a clear mistake of fact without taint of negligence. 132001 Re: Clarification of Admin Circular No. The determination of whether the circumstances warrant the imposition of a fine alone rests solely upon the Judge. 12-2000 Re: Penalty for Violation of B. Any person who. shall be prima facie evidence of knowledge of such insufficiency of funds or credit unless such maker or drawer pays the holder thereof the amount due thereon. having sufficient funds in or credit with the drawee bank when he makes or draws and issues a check. Blg. 2. the person or persons who actually signed the check in behalf of such drawer shall be liable.
of a motor vehicle belonging to another without the latter's consent. and tractors. Whenever any motor vehicle is found to have a serial number on its motor engine. 6539 182 . sprinklers. trailers and traction engines of all kinds used exclusively for agricultural purposes. with intent to gain. scratching. Changing the color of a motor vehicle by means of painting. trolley cars. There is repainting Motor vehicle Defacing or tampering with a serial number Repainting 565 R.c. shall be classified as separate motor vehicle with no power rating.A. that motor vehicle shall be considered to have a defaced or tampered with serial number. engine block or chassis which is different from that which is listed in the records of the Bureau of Customs for motor vehicles imported into the Philippines. bulldozers. but excepting road rollers. street-sweepers. lawn mowers. amphibian trucks. altering or changing of the original factory-inscribed serial number on the motor vehicle engine. vehicles. fork-lifts. which run only on rails or tracks. and cranes if not used on public highways. Anti-Carnapping Act of 1972565 i) Definition of terms Carnapping The taking. or by means of violence against or intimidation of persons. when propelled or intended to be propelled by attachment to a motor vehicle. Trailers having any number of wheels. graders. The erasing. engine block or chassis of any motor vehicle. or by using force upon things Any vehicle propelled by any power other than muscular power using the public highways.
all motor vehicle engines. engine block or chassis. The tearing apart.567 566 567 Sec. piece by piece or part by part. All owners of motor vehicles in all cities and municipalities are required to register their cars with the local police without paying any charges. and shall be confiscated in favor of the Government. Body-building A job undertaken on a motor vehicle in order to replace its entire body with a new body.whenever the new color of a motor vehicle is different from its color as registered in the Land Transportation Commission. The cleaning or repairing of the whole engine of a motor vehicle by separating the motor engine and its parts from the body of the motor vehicle. engine blocks and chassis not registered with the Land Transportation Commission shall be considered as untaxed importation or coming from an illegal source or carnapped.566 Remodeling Dismantling Overhauling ii) Registration Within one year after the approval of this Act. 2. Sec. The introduction of some changes in the shape or form of the body of the motor vehicle. engine block and chassis in his name or in the name of the real owner who shall be readily available to answer any claim over the registered motor vehicle engine. of a motor vehicle. Thereafter. every owner or possessor of unregistered motor vehicle or parts thereof in knock down condition shall register with the Land Transportation Commission the motor vehicle engine. 3. 183 .
specifying the make. engine block chassis or body is unloaded. and stating the names and addresses of the owner or consignee thereof. the applicant shall secure a permit from the Philippine Coast Guard.570 iv) Punishable acts It shall be unlawful for any person to deface or otherwise tamper with the original or registered serial number of motor vehicle engines. make and serial numbers. and the complete list of the spare parts of the motor vehicle to be assembled or rebuilt together with the names and addresses of the sources thereof. 571 Sec. 7. distribution. and shall render an accurate monthly report of his transactions in motor vehicles to the Land Transportation Commission. Sec. 184 . chassis or body until it is numbered by the Land Transportation Commission. motor vehicle engines.568 b) Duty of importers. make a report of the shipment to the Land Transportation Commission. In the case of motor vehicle engines to be mounted on motor boats. 570 Sec. type and serial numbers. motor bancas and other light water vessels. stating therein their type. engine block and chassis or body. chassis and body. the Collector of Customs concerned shall hold the motor vehicle engine. engine block. engine blocks and chassis. If the motor vehicle engine.iii) Who are liable a) Duty of collector of customs The Collector of Customs of a principal port of entry where an imported motor vehicle. if any. shall. 12. if any. of the motor vehicle engine. 8. chassis or body. engine blocks. make and serial numbers of the engine.571 568 569 Sec. That no such permit shall be issued unless the applicant shall present a statement under oath containing the type. shall keep a permanent record of his stocks. make and serial numbers. chassis or body does not bear any serial number. motor vehicle engine. and the names and addresses of the persons from whom they were acquired and the names and addresses of the persons to whom they were sold. and buying and selling of motor vehicles. distributors and sellers Any person engaged in the importation. which office shall in turn furnish the Land Transportation Commission the pertinent data concerning the motor vehicle engines including their type.569 c) Clearance and permit Any person who shall undertake to assemble or rebuild or cause the assembly or rebuilding of a motor vehicle shall first secure a certificate of clearance from the Philippine Constabulary: Provided. engine block. 10. within seven days after the arrival of the imported motor vehicle or any of its parts enumerated herein.
theater or movie house or any similar place or building. Any hospital. 2 577 Sec. Any archive.1613 575 Sec.d. Any ammunition factory and other establishment where explosives. Any church or place of worship or other building where people usually assemble. Human Security Act of 2007572 i) Punishable acts of terrorism573 e.any person who burns or sets fire to the property of another or to his own property under circumstances which expose to danger the life or property of another. whether public or private. Any building where evidence is kept for use in any legislative. or conveyance for transportation of persons or property 5. lodging house. education or social services. Arson575 . museum.576 III. public or private market. 1 576 Sec. administrative or other official proceedings. Destructive Arson . Conspiracy to commit Arson577 572 573 R. whether used as a dwelling or not. vessel or watercraft. airplane or any aircraft. or any edifice devoted to culture. housing tenement. hotel. II. Any building. shopping center.D. 3. judicial. 4. Any train. inflammable or combustible materials are stored. dormitory. Anti-Arson Law574 i) Punishable acts I. 7. situated in a populated or congested area.if the property burned is any of the following: 1. 6. 7 185 . 9372 supra 574 P.A. 2.
As regards the man with whom she has sexual intercourses. Having sexual intercourse under scandalous circumstances with a woman who is not his wife. c. 336 186 . Keeping a mistress in the conjugal dwelling. Done under any of the following circumstances: 1. or 3. b. 3. when the offended party is under 12 years of age. As regards the woman. he must know her to be married. or 2. by using force or intimidation. 2. b. redounds to the detriment of the feelings of honest persons and gives occasions to the neighbor’s spiritual damage and ruin 581 Art. The woman is married579 b. she must know him to be married. He committed any of the following acts: 1. 333 Mitigated if wife was abandoned without justification by the offended spouse (man is not entitled to this mitigating circumstance) Attempted: caught disrobing a lover 579 even if marriage subsequently declared void 580 Art. 334 “Scandal” consists in any reprehensible word/deed that offends public conscience. c. Offender commits any act of lasciviousness or lewdness. when the offended party is deprived of reason or otherwise unconscious. Concubinage580 a. Crimes Against Chastity Crimes Adultery578 Elements a. Acts of lasciviousness581 a.11. 578 Art. The man must be married. Cohabiting with her in any other place. She has sexual intercourse with a man not her husband.
c. ascendant who seduced his descendant 583 incestuous seduction 584 person entrusted with education or custody of victim. 2. persons in public authority b. Offender commits acts of lasciviousness or lewdness. house servant c. 338 Common form is unconditional promise to marry 586 Art. He must be over 12 and under 18 years of age. Acts of lasciviousness with the a. consent of the offended party586 b. person in public authority. priest b. regardless of her age or e.583 on the part of the offender584 Simple seduction585 a. brother who seduced his sister b. 339 187 . persons. Offended party is over 12 and under 18 years of age. which is presumed if she and under 18 years of age by certain unmarried and of good reputation. brother or descendant by her ascendant. Offender has sexual intercourse with her. in any capacity. d. is entrusted with the education or custody of the woman seduced 2. It is committed by means of deceit. single or widow. Seduction of a virgin over 12 a. Qualified seduction582 1. Seduction of a sister by her d. Those who abused the confidence reposed in them: a. teacher d. such as a person in authority. guardian c. Those who abuse their authority: a. b.c. domestic 3. Offended party is a virgin. 337 Persons liable: 1. Offended party is another person of either sex. There is abuse of authority. teachers etc and b. person who. confidence or relationship reputation. She must be of good reputation. The acts are committed upon a woman who is virgin or 582 Art. priest. Offender has sexual intercourse with her. priest. servant 585 Art. Those who abused their relationship: a.
340 Art. forcible abduction 590 Art. or deceit. She must be over 12 and under 18 years of age. Offender accomplishes the acts by abuse of authority. or a sister or descendant regardless of her reputation or age. under 18 years of age but over 12 years. The person abducted is any woman. 342 Sexual intercourse is not necessary Crimes against chastity where age and reputation of victim are immaterial: rape. qualified seduction of sister/descendant. c. The taking away of the offended party must be with lewd designs White slave trade588 587 588 Art. acts of lasciviousness. regardless of her age. The taking away of the offended party must be with her consent. c. Engaging in the business of prostitution b. relationship. Consented abduction590 a. Forcible abduction589 a. Enlisting the servicxe of women for the purpose of prostitution. c. civil status. after solicitation or cajolery from the offender. The abduction is with lewd designs. b. confidence. b. Corruption of minors587 Promoting or facilitating the prostitution or corruption of persons underage to satisfy the lust of another a.single or widow of good reputation. 341 589 Art. The abduction is against her will. or reputation. 343 188 . Offended party must be a virgin. Profiting by prostitution c.
guardians in the order in which they are named above. 345 594 Art. rape592 or acts of lasciviousness must be prosecuted upon complaint filed by: a. To idemnify the offended women 2. 344 Marriage of the offender with the offended party extinguishes the criminal action or remit the penalty already imposed upon him. Prosecution of Adultery and concubinage must be prosecuted upon complaint filed by the offended spouse 2. grandparents d. seduction or abduction593 1. offended party b. abduction. abduction rape and acts of lasciviousness591 1. unless the law should prevent him from doing so 3. But marriages must be in good faith. seduction.Adultery. see Reference 189 . concubinage. accessories-after-the-fact. 346. 266-C. To acknowledge the offspring. Seduction. her parents c. This rule does not apply in case of multiple rape 592 nd Not included (see Art. This applies as well to the accomplices. In every case to support the offspring Liability of ascendants. other persons entrusted with custody of offended party who by abuse of authority or confidence shall cooperate as accomplies594 591 Art. 2 par) 593 Art. Civil liability of persons guilty of rape.
but are not limited to. or cause to be sold or distributed. b. internet. 9995 R. (3) Taking advantage of influence or relationship to procure a child as prostitute. Anti-Photo and Video Voyeurism Act of 2009595 i) Punishable acts (a) To take photo or video coverage of a person or group of persons performing sexual act or any similar activity or to capture an image of the private area of a person/s such as the naked or undergarment clad genitals. cellular phones and other similar means or device. or show or exhibit the photo or video coverage or recordings of such sexual act or any similar activity through VCD/DVD. Exploitation. whether it be the original copy or reproduction thereof. (c) To sell or distribute. 7610. public area. Any person who violates this provision shall be liable for photo or video voyeurism as defined herein. (c) and (d) shall apply notwithstanding that consent to record or take photo or video coverage of the same was given by such person/s. such photo or video or recording of sexual act. (2) Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar means.A. Special Protection of Children Against Child Abuse.a. facilitate or induce child prostitution which include. as amended 190 . such photo or video or recording of sexual act or any similar activity with or without consideration. 595 596 R. or (d) To publish or broadcast. whether in print or broadcast media. (b) To copy or reproduce. and Discrimination Act 596 i) Child prostitution and other acts of abuse a) Punishable acts (a) Those who engage in or promote. buttocks or female breast without the consent of the person/s involved and under circumstances in which the person/s has/have a reasonable expectation of privacy. or cause to be published or broadcast. The prohibition under paragraphs (b). or to cause to be copied or reproduced.A. the following: (1) Acting as a procurer of a child prostitute.
3.600 597 When the victims is under twelve (12) years of age. Officer or social worker of the Department of Social Welfare and Development.A. or of the sauna. resort. 3. the perpetrators shall be prosecuted under Article 335. disco.597 and (c) Those who derive profit or advantage therefrom. as amended. paragraph 3. RPC and RA 7610. 6. place of entertainment or establishment serving as a cover or which engages in prostitution in addition to the activity for which the license has been issued to said establishment. grandparents. Barangay chairman. Ascendant or collateral relative within the third degree of consanguinity. or 7. 599 in the order in which they are named 191 . 2. guardians599 Under R. 7610: Complaints on cases of unlawful acts committed against the children as enumerated herein may be filed by the following: 1. 598 Sec. (b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in prostitution or subject to other sexual abuse. Officer. 4.598 b) Compare prosecution for Acts of Lasciviousness under Art. 2. for rape or lascivious conduct. Parents or guardians. Offended party. as the case may be: Provided.(4) Threatening or using violence towards a child to engage him as a prostitute. her parents. 5. or (5) Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage such child in prostitution. 366. whether as manager or owner of the establishment where the prostitution takes place. 5. as amended Under RPC: Acts of lasciviousness must be prosecuted upon complaint filed by: 1. offended party. 4. That the penalty for lascivious conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its medium period. 3815. At least three (3) concerned responsible citizens where the violation occurred. bar. for rape and Article 336 of Act No. social worker or representative of a licensed child-caring institution. the Revised Penal Code.
pornography or sexual exploitation. guardian. subject or seller/distributor is below twelve (12) years of age. transfer. use. induce or coerce a child to perform in obscene exhibitions and indecent shows. forced labor. slavery. Any ascendant. Anti-Trafficking in Persons Act of 2003602 i) Punishable acts It shall be unlawful for any person. (d) To undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose of utilizing and offering persons for prostitution. real or simulated. employ. involuntary servitude or debt bondage. provide. or material.601 c. profit. buying. or trading them to engage in prostitution. economic or other consideration. (c) To offer or contract marriage. for the purpose of acquiring. selling or trading him/her to engage in prostitution. (b) To introduce or match for money. any Filipino woman to a foreign national. forced labor or slavery. natural or juridical. pornography. pornography. forced labor. sexual exploitation. 600 601 Sec. or model in obscene publications or pornographic materials or to sell or distribute the said materials shall suffer the penalty of prision mayor in its medium period. scene. If the child used as a performer. any person or. for the purpose of prostitution. involuntary servitude or debt bondage. offering.A. 9208 192 . or receive a person by any means. persuade. the penalty shall be imposed in its maximum period. act. or person entrusted in any capacity with the care of a child who shall cause and/or allow such child to be employed or to participate in an obscene play. 6955. as provided for under Republic Act No. to commit any of the following acts: (a) To recruit. for marriage for the purpose of acquiring.ii) Obscene Publications and indecent shows a) Punishable acts Any person who shall hire. sexual exploitation. 27 Sec. buying. transport. offering. whether live or in video. slavery. 9 602 R. movie or show or in any other acts covered by this section shall suffer the penalty of prision mayor in its medium period. including those done under the pretext of domestic or overseas employment or training or apprenticeship. sexual exploitation. involuntary servitude or debt bondage. selling. (e) To maintain or hire a person to engage in prostitution or pornography. pornography. harbor.
or personal documents or belongings of trafficked persons in furtherance of trafficking or to prevent them from leaving the country or seeking redress from the government or appropriate agencies. or cause the advertisement. travel documents. print and issue or distribute unissued. violence. hire. forced labor. involuntary servitude or debt bondage. registration stickers and certificates of any government agency which issues these certificates and stickers as proof of compliance with government regulatory and predeparture requirements for the purpose of promoting trafficking in persons. territorial boundaries and seaports who are in possession of unissued. of any brochure. or intimidation for the purpose of removal or sale of organs of said person. the labor or services of a person held to a condition of involuntary servitude. deceit. pornography. transport or abduct a person. financial or otherwise. 5) 193 . slavery. printing. or any propaganda material that promotes trafficking in persons. and (g) To knowingly benefit from. assist or help in the exit and entry of persons from/to the country at international and local airports. including the use of information technology and the internet. or make use of. use or allow to be used any house. (g) To recruit. publish. adopt. by means of threat or use of force. (f) To confiscate. building or establishment for the purpose of promoting trafficking in persons. transport or adopt a child to engage in armed activities in the Philippines or abroad. (d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of clearances and necessary exit documents from government agencies that are mandated to provide pre-departure registration and services for departing persons for the purpose of promoting trafficking in persons.(f) To adopt or facilitate the adoption of persons for the purpose of prostitution. (b) To produce. flyer. tampered or fake counseling certificates. broadcasting or distribution by any means. conceal. fraud. publication. forced labor. sexual exploitation.603 The following acts which promote or facilitate trafficking in persons. (e) To facilitate. 4) Acts that Promote Trafficking in Persons (Sec. broadcast or distribute. or slavery. and (h) To recruit. shall be unlawful: (a) To knowingly lease or sublease. print. coercion. or destroy the passport.604 603 604 Acts of Trafficking in Persons (Sec. (c) To advertise. tampered or fraudulent travel documents for the purpose of promoting trafficking in persons.
The following are considered as qualified trafficking: (a) When the trafficked person is a child; (b) When the adoption is effected through Republic Act No. 8043, otherwise known as the "Inter-Country Adoption Act of 1995" and said adoption is for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; (c) When the crime is committed by a syndicate, or in large scale.605 (d) When the offender is an ascendant, parent, sibling, guardian or a person who exercises authority over the trafficked person or when the offense is committed by a public officer or employee; (e) When the trafficked person is recruited to engage in prostitution with any member of the military or law enforcement agencies; (f) When the offender is a member of the military or law enforcement agencies; and (g) When by reason or on occasion of the act of trafficking in persons, the offended party dies, becomes insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS).606
Trafficking is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another. It is deemed committed in large scale if committed against three (3) or more persons, individually or as a group; 606 Qualified Trafficking in Persons (Sec. 6)
d. Anti-Violence against Women and their Children Act of 2004607 i) Punishable acts (a) Causing physical harm to the woman or her child; (b) Threatening to cause the woman or her child physical harm; (c) Attempting to cause the woman or her child physical harm; (d) Placing the woman or her child in fear of imminent physical harm; (e) Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the right to desist from or desist from conduct which the woman or her child has the right to engage in, or attempting to restrict or restricting the woman's or her child's freedom of movement or conduct by force or threat of force, physical or other harm or threat of physical or other harm, or intimidation directed against the woman or child. This shall include, but not limited to, the following acts committed with the purpose or effect of controlling or restricting the woman's or her child's movement or conduct: (1) Threatening to deprive or actually depriving the woman or her child of custody to her/his family; (2) Depriving or threatening to deprive the woman or her children of financial support legally due her or her family, or deliberately providing the woman's children insufficient financial support; right; (3) Depriving or threatening to deprive the woman or her child of a legal
(4) Preventing the woman in engaging in any legitimate profession, occupation, business or activity or controlling the victim's own mon4ey or properties, or solely controlling the conjugal or common money, or properties; (f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions; (g) Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape, by force or threat of force, physical harm, or through intimidation directed against the woman or her child or her/his immediate family;
(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or causes substantial emotional or psychological distress to the woman or her child. This shall include, but not be limited to, the following acts: (1) Stalking or following the woman or her child in public or private places; (2) Peering in the window or lingering outside the residence of the woman or her child; (3) Entering or remaining in the dwelling or on the property of the woman or her child against her/his will; (4) Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her child; and (5) Engaging in any form of harassment or violence; (i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children of access to the woman's child/children.608 e. Anti-Sexual Harassment Act of 1995609 i) Punishable acts Work, education or training-related sexual harassment is committed by an employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy over another in a work or training or education environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the object of said act. (a) In a work-related or employment environment, sexual harassment is committed when: (1) The sexual favor is made as a condition in the hiring or in the employment, re-employment or continued employment of said individual, or in granting said individual favorable compensation, terms, conditions, promotions, or privileges; or the refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in a way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee; (2) The above acts would impair the employee’s rights or privileges under existing labor laws; or
Sec. 5 R.A. 7877
(3) The above acts would result in an intimidating, hostile, or offensive environment for the employee. (b) In an education or training environment, sexual harassment is committed: (1) Against one who is under the care, custody or supervision of the offender; (2) Against one whose education, training, apprenticeship or tutorship is entrusted to the offender; (3) When the sexual favor is made a condition to the giving of a passing grade, or the granting of honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or considerations; or (4) When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice. Any person who directs or induces another to commit any act of sexual harassment as herein defined, or who cooperates in the commission thereof by another without which it would not have been committed, shall also be held liable.610
349 The crime does not fall within the category of private crimes that can be prosecuted only at the instance of the offended party A simulated marriage is not marriage at all and can be used as a defense for bigamy 198 . Crimes Against Civil Status Crimes Elements Simulation of births. Simulation of births 2. and birth as hers concealment or abandonment of a legitimate child611 b. Committed by a person who represents himself as another and assumes the filiation or rights pertaining to such person. 347 Acts Punished: 1. substitution a. Bigamy614 a. c. d. Substitution of one child for another 3. Actor’s purpose was to cause the loss of any trace as to the child’s true filiation. The offender conceals or abandons such child 3. Circumstances qualifying the offense: penalty is heavier when the purpose of the impersonation is to defraud the offended party or his heirs.12.612 Usurpation of civil status613 a. 611 Art. Child is baptized or registered in the Registry of of one child for another. Concealing or abandoning any legitimate child with the intent to cause such child to lose its civil status Requisites: 1. b. There must be criminal intent to enjoy the civil rights of another by the offender knowing he is not entitled thereto. Child loses its real status and acquiires a new one c. or the parental or conjugal rights of another. The offender has the intent to cause the child to lose its civil status 612 Elements of Simulation of Birth 613 Art. The child must be legitimate 2. Committed by asuming the filiation. 348 614 Art. Offender has been legally married.
He contracts a second or subsequent marriage. The second or subsequent marriage has all the essential requisites for validity. Performance of any illegal marriage ceremony by a ceremony617 priest or minister of any religious denomination or sect or by civil authorities There must be a summary proceeding to declare the absent spouse presumptively dead for purposes of remarriage st Failure to exercise due diligence to ascertain the whereabouts of the 1 wife is bigamy through reckless imprudence A judicial declaration of the nullity of a marriage void ab initio is now required One convicted for bigamy may be prosecuted for concubinage as both are distinct offenses One who vouches that there is no legal impediment knowing that one of the parties is already married is an accomplice 615 Art. if she was pregnant at the time of his death b. The marriage has not been legally dissolved or. b. intimidation or fraud 616 Art.b. Marriage contracted provisions of laws615 against a. Performance of illegal marriage a. d. Premature marriage616 a. A widow who within 301 days from death of husband. Offender contracted marriage. or 2. in case his or her spouse is absent. 352 199 . A woman whose marriage having been dissolved or annulled. c. married before her delivery or within 301 days after the legal separation. the absent spouse could not yet be presumed dead according to the civil code. the requirement of the law were not complied with. He knew at the time that 1. 351 617 Art. the marriage was in disregard of a legal impediment. 350 Circumstance qualifying the offense: if either of the contracting parties obtains the consent of the other by means of violence. got married or before her delivery.
condition. But the publication need not refer by name to the libeled party.13. There must be an imputation of a crime. Private communication in performance of legal. exhibits or causes the publication or exhibition of any defamation in writing or similar means. or are sufficient to impeach their honesty. 354) Kinds of privileged communication: a. where the libelous article is printed and 1st published or b. or a vice or defect. made in good faith. There are as many crimes as there are persons defamed. if no good intention and justifiable motive for making it is shown. or of a Art. or to blacken the memory of one who is dead Kinds of malice: (a) malice in law. 360) a.RTC of Manila or . Editor or business manager of a daily newspaper magazine or serial publication d. if his office is in the City of Manila . A person who publishes. Absolutely privileged – not actionable even if the actor has acted in bad faith b. Author or editor of a book or pamphlet c.RTC of the city/province where he held office at the time of offense or 200 . Otherwise . virtue or reputation. b. where any of the offended parties actually resides at the time of the commission of the offense Where one of the offended parties is a public officer: a. Requirement of publicity (Art. Criterion to determine whether statements are defamatory 1) words are calculated to induce the hearers to suppose and understand that the person against who they are uttered were guilty of certain offenses. Qualifiedly privileged – those which although containing defamatory imputations could not be actionable unless made with malice or bad faith General Rule: Every defamatory imputation is presumed malicious even if it be true. without any comments and remarks Persons responsible for Libel (Art. commission. status or circumstances tending to cause the dishonor.city/province where the article is printed and 1st published b. Crimes Against Honor Crimes Libel618 618 Elements a. discredit or contempt of a natural or juridical person. Exception: a. moral or social duty b. 353 Libel is a public and malicious imputation of a crime. To presume publication there must be a reasonable probability that the alleged a libelous matter was rd thereby exposed to be read or seen by 3 persons. or to hole the person up to public ridicule 2 )construed not only as to the expression used but also with respect to the whole scope and apparent object of the writer. Owner of the printing plant which publishes a libelous article with his consent and all other persons who in any way participate in or have connection with its publication (US v Ortiz) Venue of criminal and civil action for damages in cases of written defamation: a. Fair and true report. If not named it must be shown that the description of the person referred to in the defamatory publication rd was sufficiently clear so that at least a 3 person would have identified the plaintiff. (b) malice in fact Malice is presumed to exist in injurious publications Publication is the communication of the defamatory matter to some third person/s Person libeled must be identified. real or imaginary or any act.
357 Even though made in connection with or under the pretext that it is necessary in the narration of any judicial or administrative proceedings wherein such facts have been mentioned. c. discredit or contempt of the person defamed. virtue and reputation of said person.where the article is 1st published Where one of the offended parties is a private individual: . Libel by means of writing or Enumerates the means by which libel may be similar means619 committed: writing. Lacsa found that Marquez was not a proprietary member of PCA thus not qualified to be president. d. Offender is a reporter. He caused to publish the second letter. condition. such character was lost when it was published (Lacsa v. real or imaginary. engraving. radio phonograph. 622 Art. just a case of blackmail. status. It must be malicious. 355 620 Art. HELD: Letter is not privileged communication. He wrote to the BOD and to Marquez. The imputation must be made publicly. printing.621 offer to prevent such publication for a compensation620 Prohibited publication of acts a. omission.vice or defect. e. editor or manager of a referred to in the course of official newspaper. daily or magazine.RTC of province/city where he actually resides at the time of the crime . To be classified as such. painting. IAC) 201 . b. The imputation must tend to cause the dishonor. proceedings622 b. Threatening to publish libel and Clearly. or circumstances. or one who is dead. Granting that the letter was privileged communication. c. it must be free from malice. theatrical or cinematographic exhibitions or any similar means. or any act. 356 621 any unlawful extortion of money by threats of accusation and exposure Possible in light threats (Art 283) and in threat to publish (Art 356). lithography. He publishes facts connected with the private life of another. written out of a duty of an officer towards the members. .where article was printed or 1st published 619 Art. The imputation must be directed at a natural or juridical person. Such facts are offensive to the honor.
Such act he directly incriminates or imputes to an innocent person the commission of a crime. light insult or defamation – not serious in nature625 Slander by deed626 a. 623 Art. the occasion. perjurious b. Incriminating innocent person627 a. b. action of a serious and insulting nature624 b. 363. Offender performs an act. b. 362) Libelous remarks or comments on privileged matters if made with malice in fact will not exempt the author and editor. 358 Factors that determine gravity of the offense: a) expressions used b) personal relations of the accused and the offended party c) circumstances surrounding the case Words uttered in the heat of anger constitute light oral defamation If the utterances were made publicly and were heard by many people and the accused at the same time leveled his finger at the complainant. This article is a limitation to the defense of privileged communication. 624 grave slander 625 simple slander 626 Art. defamatory or ii. making a statement which is i. planting evidence This article is limited to planting evidence and the like 202 . Such act does not constitute perjury. discredit or contempt upon the offended party. Two (2) Kinds: a. c. 359 Libelous remarks (Art. oral defamation is committed Seriousness depends on the social standing of offended party. 627 Art. Such act casts dishonor. c. the circumstances surrounding the act.Oral defamation/slander623 a. Such act is performed in the presence of other person or persons. Offender performs any act not included in any other crime against honor. etc.
determine whether the imposition of a fine alone would best serve the interests of justice or whether forbearing to impose imprisonment would depreciate the seriousness of the offense. Administrative Circular 08-2008 Re: Guidelines in the Observance of a Rule of Preference in the Imposition of Penalties in Libel Cases i) Preference of imposition of fine This Administrative Circular does not remove imprisonment as an alternative penalty for the crime of libel. if said to the person himself it is slander 629 under Art. 364 Refers to any scheme or plot designed to blemish the reputation of another or of such trickery or secret plot. Committed by saying to others an unattributable thing. in the exercise of sound discretion. work violence on the social order. Should only a fine be imposed and the accused be unable to pay the fine. there is no legal obstacle to the application of the Revised Penal Code provision on subsidiary imprisonment. 628 Art.629 The Judges concerned may. a. 355 of the RPC 203 . and taking into consideration the peculiar circumstances of each case. or otherwise be contrary to the imperative of justice.Intriguing against honor628 Any person who shall make any intrigue which has for its principal purpose to blemish the honor or reputation of another person.
14. Criminal Negligence Reckless imprudence630 a. Offender does or fails to do an act. b. The doing of or the failure to do that act is voluntary. c. Without malice. d. Material damage results. e. There is inexcusable lack of precaution on the part of the offender, taking into consideration 1. his employment or occupation 2. degree of intelligence, physical condition, and 3. other circumstances regarding persons, time and place. Simple imprudence631 a. There is lack of precaution on the part of the offender. b. The damage impending to be caused in not immediate or the danger is not clearly manifest.
Art. 365 ibid. Art.64 on mitigating and aggravating circumstances not applicable. Failure to lend on the spot assistance to victim of his negligence:penalty next higher in degree. Abandoning usually punishable under Art 275, if charged under Art365 is only qualifying and if not alleged cannot even be an aggravating circumstance. Contributory negligence—not a defense, only mitigating Last clear chance doctrineThe contributory negligence of the injured party will not defeat the action if it be shown that the accused might, by the exercise of reasonable care and prudence, have avoided the consequences of the negligence of the injured party Emergency ruleAn automobile driver, who, by the negligence of another, is suddenly placed in an emergency and compelled to act instantly to avoid a collision or injury is not guilty of negligence if he makes a choice which a person of ordinary prudence placed in such a position might make even though he did not make the wisest choice.
II. Jurisprudence— Pertinent Supreme Court decisions promulgated up to January 31, 2012. III. Excluded Topics A. All Special Penal Laws and Supreme Court Decisions not pertinent to the above outlined topics are excluded. B. Penalties of Specific Crimes.
Revised Penal Code
Art. 2. Except as provided in the treaties and laws of preferential application, the provisions of this Code shall be enforced not only within the Philippine Archipelago including its atmosphere, its interior waters and Maritime zone, but also outside of its jurisdiction, against those who: 1. Should commit an offense while on a Philippine ship or airship; 2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands; 3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the preceding number; 4. While being public officers or employees, should commit an offense in the exercise of their functions; or (Some of these crimes are bribery, fraud against national treasury, malversation of public funds or property, and illegal use of public funds; e.g., A judge who accepts a bribe while in Japan.) 5. Should commit any crimes against the national security and the law of nations, defined in Title One of Book Two of this Code. (These crimes include treason, espionage, piracy, mutiny, and violation of neutrality) Art. 10. Offenses not subject to the provisions of this code. --Offenses which are or in the future may be punishable under special laws are not subject to the provisions of this Code. This Code shall be supplementary to such laws, unless the latter should specially provide the contrary. Article 11. Justifying circumstances. - The following do not incur any criminal liability: 1. Anyone who acts in defense of his person or rights, provided that the following circumstances concur; First. Unlawful aggression; Second. Reasonable necessity of the means employed to prevent or repel it; Third. Lack of sufficient provocation on the part of the person defending himself. 2. Any one who acts in defense of the person or rights of his spouse, ascendants, descendants, or legitimate, natural or adopted brothers or sisters, or of his relatives by affinity in the same degrees, and those by consanguinity within the fourth civil degree, provided that the first and second requisites prescribed in the next preceding circumstance are present, and the further requisite, in case the provocation was given by the person attacked, that the one making defense had no part therein. 3. Anyone who acts in defense of the person or rights of a stranger, provided that the first and second requisites mentioned in the first circumstance of this article are present and that the person defending be not induced by revenge, resentment, or other evil motive. 206
4. Any person who, in order to avoid an evil or injury, does an act which causes damage to another, provided that the following requisites are present; First. That the evil sought to be avoided actual exists; Second. That the injury feared be greater than that done to avoid it; Third. That there be no other practical and less harmful means of preventing it. 5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office. 6. Any person who acts in obedience to an order issued by a superior for some lawful purpose. Article 12. Circumstances which exempt from criminal liability. - The following are exempt from criminal liability: 1. An imbecile or an insane person, unless the latter has acted during a lucid interval. When the imbecile or an insane person has committed an act which the law defines as a felony (delito), the court shall order his confinement in one of the hospitals or asylums established for persons thus afflicted, which he shall not be permitted to leave without first obtaining the permission of the same court. 2. A person under nine years of age. 3. A person over nine years of age and under fifteen, unless he has acted with discernment, in which case, such minor shall be proceeded against in accordance with the provisions of article 80 of this Code. When such minor is adjudged to be criminally irresponsible, the court, in conformity with the provisions of this and the preceding paragraph, shall commit him to the care and custody of his family who shall be charged with his surveillance and education; otherwise, he shall be committed to the care of some institution or person mentioned in said article 80. 4. Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it. 5. Any person who acts under the compulsion of irresistible force. 6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury. 7. Any person who fails to perform an act required by law, when prevented by some lawful insuperable cause.
3. Article 14. natural or adopted brothers or sisters or relatives by affinity within the same degrees. That sufficient provocation or threat on the part of the offended party immediately preceded the act. 4. 4. if the latter has not given provocation. or that he had voluntarily confessed his guilt before the court prior to the presentation of the evidence for the prosecution. . Those mentioned in the preceding chapter. 2. 6.Article 13. 9. descendants. That the act be committed with abuse of confidence or obvious ungratefulness. That the act was committed in the immediate vindication of a grave offense to the one committing the felony (delito) his spouse. And. blind or otherwise suffering some physical defect which thus restricts his means of action.The following are mitigating circumstances: 1. 7. That the offender is under eighteen years of age or over seventy years.The following are aggravating circumstances: 1. or sex. That the crime be committed in the palace of the Chief Executive. That the offender is deaf and dumb. 5. That the crime be committed in contempt of or with insult to the public authorities. or in his presence. or that it be committed in the dwelling of the offended party. 3. 8. 208 . ascendants. . or in a place dedicated to religious worship. Mitigating circumstances. Such illness of the offender as would diminish the exercise of the will-power of the offender without however depriving him of consciousness of his acts. or where public authorities are engaged in the discharge of their duties. That the offender had voluntarily surrendered himself to a person in authority or his agents. finally. age. he shall be proceeded against in accordance with the provisions of article 80. 5. That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation. when all the requisites necessary to justify the act or to exempt from criminal liability in the respective cases are not attendant. That the act be committed with insult or in disregard of the respect due to the offended party on account of his rank. any other circumstance of a similar nature and analogous to those above mentioned. 2. That advantage be taken by the offender of his public position. 10. or communication with his fellow beings. defense. In the case of the minor. That the offender had no intention to commit so grave a wrong as that committed. Aggravating circumstances. legitimate.
16. Whenever more than three armed malefactors shall have acted together in the commission of an offense. epidemic. employing means. That the crime be committed by means of inundation. 13. shipwreck. 15. explosion. That the offender has been previously punished for an offense to which the law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty. That the accused is a recidivist. 9. stranding of a vessel or intentional damage thereto. 209 . shall have been previously convicted by final judgment of another crime embraced in the same title of this Code. or means be employed to weaken the defense. That the crime be committed with the aid of armed men or persons who insure or afford impunity. That the crime be committed after an unlawful entry. There is an unlawful entry when an entrance is effected by a way not intended for the purpose. floor. derailment of a locomotive. roof. That the crime be committed in consideration of a price. That the crime be committed in the nighttime. or by a band. 14. That means be employed or circumstances brought about which add ignominy to the natural effects of the act. without risk to himself arising from the defense which the offended party might make. 18. That craft. There is treachery when the offender commits any of the crimes against the person. 10. 11. or in an uninhabited place. That advantage be taken of superior strength. fraud.6. or window be broken. 17. methods. poison. or forms in the execution thereof which tend directly and specially to insure its execution. That the act be committed with treachery (alevosia). 8. That the act be committed with evident premeditation. it shall be deemed to have been committed by a band. 12. whenever such circumstances may facilitate the commission of the offense. fire. or promise. 19. or other calamity or misfortune. or by the use of any other artifice involving great waste and ruin. earthquake. reward. or disguise be employed. A recidivist is one who. at the time of his trial for one crime. 7. That as a means to the commission of a crime a wall. That the crime be committed on the occasion of a conflagration. door.
or the effects or instruments thereof. That the crime be committed with the aid of persons under fifteen years of age or by means of motor vehicles.Accessories. — Accessories are those who. . Article 125.20. 2. Art. or assisting in the escape of the principals of the crime. That the wrong done in the commission of the crime be deliberately augmented by causing other wrong not necessary for its commission. it shall be considered as an aggravating circumstance. By concealing or destroying the body of the crime. either as principals or accomplices. Those who cooperate in the commission of the offense by another act without which it would not have been accomplished. but when the intoxication is habitual or intentional. having knowledge of the commission of the crime. 9. Those who take a direct part in the execution of the act. Article 15. in order to prevent its discovery. . natural. Those who directly force or induce others to commit it. 2. concealing. or is known to be habitually guilty of some other crime. (As amended by Rep. Accomplices. for crimes or offenses punishable by light 210 . 3. motorized watercraft.The following are considered principals: 1. The intoxication of the offender shall be taken into consideration as a mitigating circumstance when the offender has committed a felony in a state of intoxication. Article 18. murder. By harboring. legitimate.) 21. or other similar means. . Article 17. or adopted brother or sister. The alternative circumstance of relationship shall be taken into consideration when the offended party is the spouse. Act No. Principals. and without having participated therein. ascendant.Alternative circumstances are those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and the other conditions attending its commission. . 19. They are the relationship. descendant. approved Sept.The penalties provided in the next preceding article shall be imposed upon the public officer or employee who shall detain any person for some legal ground and shall fail to deliver such person to the proper judicial authorities within the period of: twelve (12) hours. parricide. airships. 5438. if the same is not habitual or subsequent to the plan to commit said felony. By profiting themselves or assisting the offender to profit by the effects of the crime. Delay in the delivery of detained persons to the proper judicial authorities. not being included in article 17. take part subsequent to its commission in any of the following manners: 1. provided the accessory acts with abuse of his public functions or whenever the author of the crime is guilty of treason. intoxication and the degree of instruction and education of the offender. 3.Accomplices are those persons who. 1968. or an attempt to take the life of the Chief Executive. or relative by affinity in the same degrees of the offender. cooperate in the execution of the offense by previous or simultaneous acts. Their concept.
. shall kill any of them or both of them in the act or immediately thereafter. Revised Rules of Criminal Procedure Sec. or their equivalent. to communicate and confer at any time with his attorney or counsel. and any other person guilty of corruption of minors for the benefit of another. — The ascendants. shall suffer the penalty of destierro. Evidence adduced in support of the discharge shall automatically form part of the trial. 346. 247. and thirty-six (36) hours. (d) Said accused does not appear to be the most guilty. for crimes or offenses punishable by correctional penalties. second. third and fourth.chan robles virtual law library Teachers or other persons in any other capacity entrusted with the education and guidance of youth. eighteen (18) hours. teachers and any person who. of this title. . the court is satisfied that: (a) There is absolute necessity for the testimony of the accused whose discharge is requested. If the court denies the motion for discharge of the accused as state witness. shall be punished as principals. shall cooperate as accomplices in the perpetration of the crimes embraced in chapters. or other persons entrusted with the custody of the offended party. upon motion of the prosecution before resting its case. In every case. Art. Art. (c) The testimony of said accused can be substantially corroborated in its material points. guardians. guardians. Death or physical injuries inflicted under exceptional circumstances. for crimes or offenses punishable by afflictive or capital penalties. or shall inflict upon them any serious physical injury. Discharge of accused to be state witness.penalties. having surprised his spouse in the act of committing sexual intercourse with another person. Liability of ascendants. Any legally married person who. 211 . except the testimony of said accused. after requiring the prosecution to present evidence and the sworn statement of each proposed state witness at a hearing in support of the discharge. his sworn statement shall be inadmissible in evidence. teachers. shall also suffer the penalty of temporary special disqualification in its maximum period to perpetual special disqualification. the person detained shall be informed of the cause of his detention and shall be allowed upon his request. by abuse of authority or confidential relationships. and (e) Said accused has not at any time been convicted of any offense involving moral turpitude. Any person falling within the terms of this article. 17. — When two or more persons are jointly charged with the commission of any offense. the court may direct one or more of the accused to be discharged with their consent so that they may be witnesses for the state when. curators. or their equivalent. shall be punished by special disqualification from filling the office of guardian. or their equivalent. (b) The is no other direct evidence available for the proper prosecution of the offense committed.
not being included in the provisions of the next preceding. Administration. is aware of the nature of the place as such and shall knowingly visit the same +Section 8. distribute dispatch in transit or transport any dangerous drug. paragraph. shall possess any dangerous drug in the following quantities. regardless of the degree of purity thereof: (1) 10 grams or more of opium. deliver. possess with intent to deliver. Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. Trading.000. contain or conceal any dangerous drug and/or controlled precursor and essential chemical in violation of this Act. .00) shall be imposed upon any person.The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500. prepare.000. grow. who.000. Dive or Resort. manufacture. Dispensation.00) to Ten million pesos (P10. trade. dive or resort where any dangerous drug is used or sold in any form. including any and all species of opium poppy or any part thereof or substances derived therefrom even for floral. Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. knowing. Instrument.The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500. process. convert. Sale. unless authorized by law.000.00) shall be imposed upon: (a) Any employee of a den.00) shall be imposed upon any person or group of persons who shall maintain a den. Possession of Dangerous Drugs.The penalty of life imprisonment to death and a ranging from Five hundred thousand pesos (P500. Xxx Section 7. produce.The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100. that it will be used to plant.000. who.00) shall be imposed upon any person who shall deliver.The Comprehensive Dangerous Drugs Act of 2002 +Section 4. pack. regardless of the quantity and purity involved. Employees and Visitors of a Den.000. administer. repack. Apparatus.000. Xxx +Section 10. analyze. apparatus and other paraphernalia for dangerous drugs. Maintenance of a Den. and (b) Any person who.000.The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500.. cultivate. give away to another.000. who. decorative and culinary purposes. shall sell.000. and Other Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.000.00) to Five hundred thousand pesos (P500.000. . who is aware of the nature of the place as such. . (2) 10 grams or more of morphine. Delivery.00) to Five hundred thousand pesos (P500.00) to Ten million pesos (P10.00) to Ten million pesos (P10.000. . or manufacture with intent to deliver equipment. xx Section 11. Manufacture or Delivery of Equipment. propagate. dispense.000. dive or resort.00) shall be imposed upon any person. 212 . unless authorized by law.00) shall be imposed upon any person.000. xxx +Section 6. shall engage in the manufacture of any dangerous drug.00) shall be imposed upon any person.000. unless authorized by law. test. . unless authorized by law. store. instrument. . compound. or shall act as a broker in any of such transactions.00) to Ten million pesos (P10.The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100. xxx +Section 5.000.The penalty of life imprisonment to death and a fine ranging Five hundred thousand pesos (P500. shall import or bring into the Philippines any dangerous drug.00) to Ten million pesos (P10. harvest. including any and all species of opium poppy regardless of the quantity and purity involved. or under circumstances where one reasonably should know.000. Dive or Resort. who.000.
+Section 13. without having any therapeutic value or if the quantity possessed is far beyond therapeutic requirements.000. consuming. administered to himself/herself. and (8) 10 grams or more of other dangerous drugs such as. or in the proximate company of at least two (2) persons. The possession of such equipment. or introducing any dangerous drug into the body: Provided. injecting. methylenedioxymethamphetamine (MDA) or "ecstasy". consuming. (4) 10 grams or more of cocaine or cocaine hydrochloride. Use of Dangerous Drugs. ingested or used a dangerous drug and shall be presumed to have violated Section 15 of this Act.00) to Two hundred thousand pesos (P200. consumed. – A person apprehended or arrested. instrument. regardless of the quantity and purity of such dangerous drugs.00) to Ten million pesos (P10. Apparatus and Other Paraphernalia for Dangerous Drugs. administering. (7) 500 grams or more of marijuana. who is found to be positive for use of any dangerous drug. instrument. instrument. . social gatherings or meetings. shall be imposed a penalty of a minimum of six (6) months rehabilitation in a government center for the first offense. shall possess or have under his/her control any equipment.00) shall be imposed upon any person. That this Section shall not be applicable where the person tested is also found to have in his/her possession such quantity of any dangerous drug provided for under Section 11 of this Act. .00) to Fifty thousand pesos (P50. + Section 16. Social Gatherings or Meetings. who shall possess or have under his/her control any equipment.00): Provided. paramethoxyamphetamine (PMA). in which case the provisions stated therein shall apply.000. after a confirmatory test.000. which is 213 . If apprehended using any dangerous drug for the second time. ingesting. gamma hydroxyamphetamine (GHB). ingesting. That in the case of medical practitioners and various professionals who are required to carry such equipment. administering. Instrument. apparatus and other paraphernalia fit or intended for any of the purposes enumerated in the preceding paragraph shall be prima facie evidence that the possessor has smoked. (6) 10 grams or more of marijuana resin or marijuana resin oil. the Board shall prescribe the necessary implementing guidelines thereof. Possession of Equipment. but not limited to. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof. apparatus and other paraphernalia fit or intended for smoking. xxx Section 12.The maximum penalty provided for in Section 12 of this Act shall be imposed upon any person. Social Gatherings or Meetings. Section 14. – Any person found possessing any dangerous drug during a party. instrument. during parties.000.The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500. injecting. who. Section 15. shall suffer the maximum penalties provided for in Section 11 of this Act. apparatus and other paraphernalia fit or intended for smoking.000. subject to the provisions of Article VIII of this Act. and those similarly designed or newly introduced drugs and their derivatives. Article XI of this Act.00) shall be imposed upon any person. or introducing any dangerous drug into the body. who shall plant.000. lysergic acid diethylamine (LSD). unless authorized by law. Apparatus and Other Paraphernalia for Dangerous Drugs During Parties. or at a social gathering or meeting. as determined and promulgated by the Board in accordance to Section 93. trimethoxyamphetamine (TMA). Instrument. (5) 50 grams or more of methamphetamine hydrochloride or "shabu". apparatus and other paraphernalia in the practice of their profession. cultivate or culture marijuana. he/she shall suffer the penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12) years and a fine ranging from Fifty thousand pesos (P50. Possession of Dangerous Drugs During Parties. opium poppy or any other plant regardless of quantity. The penalty of imprisonment ranging from six (6) months and one (1) day to four (4) years and a fine ranging from Ten thousand pesos (P10.(3) 10 grams or more of heroin. injected. or in the proximate company of at least two (2) persons. Possession of Equipment.000.
through its Secretary. hereinafter referred to as the Department. That: a) the offense in which his testimony will be used is a grave felony as defined under the Revised Penal Code. AN ACT PROVIDING FOR A WITNESS PROTECTION. Section 19. who. Implementation of Program. hereinafter referred to as the Program. experimentation and disposal of such plants and materials. office or any other executive agency to assist in the implementation of the Program and the latter offices shall be under legal duty and obligation to render such assistance. That in the case of medical laboratories and medical research centers which cultivate or culture marijuana. or before any investigating authority.000. culture. or materials of such dangerous drugs for medical experiments and research purposes. may be admitted into the Program: Provided.This Act shall be known as the "Witness Protection. . bureau. The Department may call upon any department. pursuant to and consistent with the provisions of this Act.00) to Ten million pesos (P10. unless authorized by law. intimidated. .000. and 214 .Any person who has witnessed or has knowledge or information on the commission of a crime and has testified or is testifying or about to testify before any judicial or quasi-judicial body.00) shall be imposed upon any person. or for the creation of new types of medicine. c) he or any member of his family within the second civil degree of consanguinity or affinity is subjected to threats to his life or bodily injury or there is a likelihood that he will be killed. Security and Benefit Program". shall make or issue a prescription or any other writing purporting to be a prescription for any dangerous drug. Section 2. opium poppy and other plants. forced. the Board shall prescribe the necessary implementing guidelines for the proper cultivation.or may hereafter be classified as a dangerous drug or as a source from which any dangerous drug may be manufactured or derived: Provided. because or on account of his testimony. Name of Act. SECURITY AND BENEFIT PROGRAM AND FOR OTHER PURPOSES (Republic Act No. shall formulate and implement a "Witness Protection. – The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500. or evasively. 6981) Section 1. Unlawful Prescription of Dangerous Drugs. Security and Benefit Act". . harassed or corrupted to prevent him from testifying. Admission into the Program.The Department of Justice. Section 3.lawphi1Ÿ b) his testimony can be substantially corroborated in its material points. handling.000. or to testify falsely. or its equivalent under special laws.
If the Department. after examination of said applicant and other relevant facts. .All proceedings involving application for admission into the Program and the action taken thereon shall be confidential in nature. No information or documents given or submitted in support thereof shall be released except upon written order of the Department or the proper court.d) he is not a law enforcement officer. d) to comply with legal obligations and civil judgments against him. with his express consent. may be admitted into the Program upon the recommendation of the legislative committee where his testimony is needed when in its judgment there is pressing necessity therefor: Provided. only the immediate members of his family may avail themselves of the protection provided for under this Act. Witness in Legislative Investigations. e) to cooperate with respect to all reasonable requests of officers and employees of the Government who are providing protection under this Act. as the case may be. even if he would be testifying against the other law enforcement officers. he shall first execute a memorandum of agreement which shall set forth his responsibilities including: a) to testify before and provide information to all appropriate law enforcement officials concerning all appropriate proceedings in connection with or arising from the activities involved in the offense charged. however. a witness. stating therein the reason for such termination. is convinced that the requirements of this Act and its implementing rules and regulations have been complied with. .lawphi1Ÿ c) to take all necessary precautions to avoid detection by others of the facts concerning the protection provided him under this Act. and f) to regularly inform the appropriate program official of his current activities and address. In such a case.Before a person is provided protection under this Act. any such person admitted to the Program shall be known as the Witness. Breach of the Memorandum of Agreement. That such recommendation is approved by the President of the Senate or the Speaker of the House of Representatives. Memorandum of Agreement With the Person to be Protected. and thereafter issue the proper certification. Section 7. the Secretary of Justice shall send notice to the person involved of the termination of the protection provided under this Act. .In case of legislative investigations in aid of legislation. Section 4. require said witness to execute a sworn statement detailing his knowledge or information on the commission of the crime. it shall admit said applicant to the Program. 215 . .1awphi1© Section 6.Substantial breach of the memorandum of agreement shall be a ground for the termination of the protection provided under this Act: Provided. Section 5. Confidentiality of Proceedings. For purposes of this Act. That before terminating such protection. b) to avoid the commission of the crime.
college or university as may be determined by the Department. the Witness shall be entitled to relocation and/or change of personal identity at the expense of the Program. Speedy Hearing or Trial. (f) If a Witness is killed. or private school.Any person who violates the confidentiality of said proceedings shall upon conviction be punished with imprisonment of not less than one (1) year but not more than six (6) years and deprivation of the right to hold a public office or employment for a period of five (5) years. Section 8.The witness shall have the following rights and benefits: (a) To have a secure housing facility until he has testified or until the threat. (c) In no case shall the Witness be removed from or demoted in work because or on account of his absences due to his attendance before any judicial or quasi-judicial body or investigating authority. his minor or dependent children shall be entitled to free education. That his employer is notified through a certification issued by the Department. whenever practicable. as well as conferences and interviews with prosecutors or investigating officers. hospitalization and medicines for any injury or illness incurred or suffered by him because of witness duty in any private or public hospital. body or authority where his testimony is required. The Witness relocated pursuant to this Act shall be entitled to a financial assistance from the Program for his support and that of his family in such amount and for such duration as the Department shall determine. (d) To be provided with reasonable travelling expenses and subsistence allowance by the Program in such amount as the Department may determine for his attendance in the court.000. (e) To be provided with free medical treatment. Any Witness who failed to report for work because of witness duty shall be paid his equivalent salaries or wages corresponding to the number of days of absence occasioned by the Program. or at any such institution at the expense of the Program. Section 9. any fraction of a day shall constitute a full day salary or wage. (g) In case of death or permanent incapacity. Rights and Benefits.In any case where a Witness admitted into the Program shall testify. or investigating authority shall assure a speedy 216 .00) from the Program exclusive of any other similar benefits he may be entitled to under other existing laws. This right may be extended to any member of the family of the Witness within the second civil degree of consanguinity or affinity. When the circumstances warrant. (b) The Department shall. assist the Witness in obtaining a means of livelihood. from primary to college level in any state. clinic. This provision shall be applicable to both government and private employees. as long as they shall have qualified thereto. his heirs shall be entitled to a burial benefit of not less than Ten thousand pesos (P10. For purposes of this Act. in going thereto and in coming therefrom: Provided. intimidation or harassment disappears or is reduced to a manageable or tolerable level. including legislative investigations in aid of legislation. within a period of thirty (30) days from the date when the Witness last reported for work: Provided. the judicial or quasi-judicial body. . That in the case of prolonged transfer or permanent relocation. . because of his participation in the Program. the employer shall have the option to remove the Witness from employment after securing clearance from the Department upon the recommendation of the Department of Labor and Employment. further.
The certification of admission into the Program by the Department shall be given full faith and credit by the provincial or city prosecutor who is required not to include the Witness in the criminal complaint or information and if included therein. .hearing or trial and shall endeavor to finish said proceeding within three (3) months from the filing of the case. so that he can be used as a State Witness under Rule 119 of the Revised Rules of Court. and (f) he has not at any time been convicted of any crime involving moral turpitude. to petition the court for his discharge in order that he can utilized as a State Witness. it may admit such person into the Program and issue the corresponding certification. 217 . shall be admitted into the Program whenever the following circumstances are present: (a) the offense in which his testimony will be used is a grave felony as defined under the Revised Penal Code or its equivalent under special laws. Effect of Admission of a State Witness into the Program. The Court shall order the discharge and exclusion of the said accused from the information. An accused discharged from an information or criminal complaint by the court in order that he may be a State Witness pursuant to Section 9 and 10 of Rule 119 of the Revised Rules of Court may upon his petition be admitted to the Program if he complies with the other requirements of this Act. Admission into the Program shall entitle such State Witness to immunity from criminal prosecution for the offense or offenses in which his testimony will be given or used and all the rights and benefits provided under Section 8 hereof.Any person who has participated in the commission of a crime and desires to be a witness for the State.Before any person is admitted into the Program pursuant to the next preceding Section he shall execute a sworn statement describing in detail the manner in which the offense was committed and his participation therein. Section 10. Sworn Statement. If after said examination of said person. his sworn statement and other relevant facts. (c) there is no other direct evidence available for the proper prosecution of the offense committed: (d) his testimony can be substantially corroborated on its material points. (e) he does not appear to be most guilty. (b) there is absolute necessity for his testimony. if qualified as determined in this Act and by the Department. can apply and. said sworn statement and any other testimony given in support of said application shall not be admissible in evidence. State Witness. . the Department is satisfied that the requirements of this Act and its implementing rules are complied with. except for impeachment purposes. Nothing in this Act shall prevent the discharge of an accused. If his application for admission is denied. Section 12. Section 11. .
. upon motion of the state prosecutor or investigator. The Witness may. he. his immunity shall be removed and he shall be subject to contempt or criminal prosecution. documents. prevents or dissuades a Witness from: (a) attending or testifying before any judicial or quasi-judicial body or investigating authority. records and writings produced. give evidence or produce the books. Compelled Testimony. If he testifies falsely or evasively.In all criminal cases. Section 16.Any Witness admitted into the Program pursuant to Sections 3 and 10 of this Act cannot refuse to testify or give evidence or produce books. on the ground of the right against self-incrimination. records. documents. documents. and writings described. In case of refusal of said Witness to testify or give evidence or produce books.Any person who harasses a Witness and thereby hinders. The court. Perjury or Contempt. Section 15. Section 14. or writings. . or violates any condition accompanying such immunity without just cause. however. purge himself of the contumacious acts by testifying at any appropriate stage of the proceedings. records. documents. delays. . as determined in a hearing by the proper court. 218 . and the court shall issue the proper order. shall order the arrest and detention of the Witness in any jail contiguous to the place of trial or investigation until such time that the Witness is willing to give such testimony or produce such documentary evidence.Any Witness registered in the Program who fails or refuses to testify or to continue to testify without just cause when lawfully obliged to do so. or testifies falsely or evasively. shall be prosecuted for contempt. the fact of the entitlement of the Witness to the protection and benefits provided for in this Act shall not be admissible in evidence to diminish or affect his credibility. and the state prosecutor or investigator believes that such evidence is absolutely necessary for a successful prosecution of the offense or offenses charged or under investigation.Section 13. Moreover. Penalty for Harassment of Witness. he shall be liable to prosecution for perjury. Failure or Refusal of the Witness to Testify. Credibility of Witness. The procedure prescribed under Rule 71 of the Rules of Court shall be followed in contempt proceedings but the penalty to be imposed shall not be less than one (1) month but not more than one (1) year imprisonment. shall file a petition with the appropriate court for the issuance of an order requiring said Witness to testify.No Witness shall be exempt from prosecution for perjury or contempt committed while giving testimony or producing evidence under compulsion pursuant to this Act. . Section 17. the enjoyment of all rights and benefits under this Act shall be deemed terminated. The penalty next higher in degree shall be imposed in case of conviction for perjury. . matter or thing concerning his compelled testimony or books. If a State Witness fails or refuses to testify. records or writings necessary for the prosecution of the offense or offenses for which he has been admitted into the Program on the ground of the constitutional right against self-incrimination but he shall enjoy immunity from criminal prosecution and cannot be subjected to any penalty or forfeiture for any transaction. with the prior approval of the department.
. Repealing Clause.00) is hereby authorized to be appropriated out of any funds in the National Treasury not otherwise appropriated to carry into effect the purpose of this Act. Section 22. including any civil liability chargeable against him. and he shall also suffer the penalty of perpetual disqualification from holding public office in case of a public officer. or both. executive issuances. after considering the reports and recommendations of the Department of Social Welfare or the government training institution or 219 . . Separability Clause. (c) seeking the arrest of another person in connection with the offense. Rules and Regulations.00) or suffer imprisonment of not less than six (6) months but not more than one (1) year. If after hearing the evidence in the proper proceedings.All laws. Effectivity. shall be fined not more than Three thousand pesos (P3. Section 19. However. . upon application of the youthful offender if it finds that the best interest of the public as well as that of the offender will be served thereby. 192. instead of pronouncing judgment of conviction. (d) causing a criminal prosecution. 1179 Art. or (e) performing and enjoying the rights and benefits under this Act or attempts to do so. the court.000.(b) reporting to a law enforcement officer or judge the commission or possible commission of an offense. or a violation of conditions or probation. or a proceeding for the revocation of a parole or probation. Funding.000. Expenses incurred in the implementation of the Program may be recovered as part of the cost or indemnity imposed upon the accused. or for a shorter period as the court may deem proper.000. may suspend all further proceedings and commit such minor to the custody of care of the Department of Social Welfare. 603. Section 21. decrees. Section 20.The declaration of unconstitutionality or invalidity of any provision of this Act shall not affect the other provisions hereof. Presidential Decree No. subject to the limitations of the law. parole. or to any training institution operated by the government or any other responsible person until he shall have reached twenty-one years of age. as amended by Presidential Decree No. the court should find that the youthful offender has committed the acts charged against him.This Act shall take effect after fifteen (15) days following its publication in two (2) newspapers of general circulation. the court shall determine the imposable penalty. rules and regulations inconsistent with this Act are hereby repealed or modified accordingly. The Child and Youth Welfare Code. shall be allowed in furtherance hereof. other funding schemes or sources.The amount of Ten million pesos (P10.The Department shall promulgate such rules and regulations as may be necessary to implement the intent and purposes of this Act. . Suspension of Sentence and Commitment of Youthful Offender. Furthermore. . Section 18. or release pending judicial proceedings. Said rules and regulations shall be published in two (2) newspapers of general circulation.
responsible person under whose care he has been committed. If the parents.A. otherwise known as the Act Designating Death by Lethal Injection is hereby repealed. The imposition of the penalty of death is hereby prohibited. SEC. Those with suspended sentences and undergoing rehabilitation at the youth rehabilitation center shall likewise be released. or in the absence thereof. 220 . Republic Act No. a local social welfare and development officer. 8177). 9344) Section 20. the child may be released to any of the following: a duly registered nongovernmental or religious organization. 603. Republic Act No. the court may require the Department of Social Welfare to prepare and submit to the court a social case study report over the offender and his family. the proper petition for involuntary commitment shall be filed by the DSWD or the Local Social Welfare and Development Office pursuant to Presidential Decree No. when the law violated does not make use of the nomenclature of the penalties of the Revised Penal Code. the DSWD.A. upon thorough assessment of the child. or in the event that the parents will not comply with the prevention program. In lieu of the death penalty. . 2. . Juvenile Justice and Welfare Act of 2006 (R. Seven Thousand Six Hundred Fifty-Nine (R. shall determine whether to release the child to the custody of his/her parents. or (b) the penalty of life imprisonment. insofar as they impose the death penalty are hereby repealed or amended accordingly. Upon receipt of the application of the youthful offender for suspension of his sentence. 7659). No. Eight Thousand One Hundred Seventy-Seven (R. the following shall be imposed.Upon effectivity of this Act. Such officer.A. Act Prohibiting the Imposition of Death Penalty in the Philippines (R. or when and where appropriate. Children Below the Age of Criminal Responsibility. If the child referred to herein has been found by the Local Social Welfare and Development Office to be abandoned. No. The youthful offender shall be subject to visitation and supervision by a representative of the Department of Social Welfare or government training institution as the court may designate subject to such conditions as it may prescribe. a barangay official or a member of the Barangay Council for the Protection of Children (BCPC). when the law violated makes use of the nomenclature of the penalties of the Revised Penal Code. 9346) SECTION 1. the authority which will have an initial contact with the child has the duty to immediately release the child to the custody of his/her parents or guardian. the child's nearest relative. Said authority shall give notice to the local social welfare and development officer who will determine the appropriate programs in consultation with the child and to the person having custody over the child.known as "The Child and Youth Welfare Code". Accordingly. 64.The benefits of this article shall not apply to a youthful offender who has once enjoyed suspension of sentence under its provisions or to one who is convicted of an offense punishable by death or life imprisonment. or refer the child to prevention programs as provided under this Act. guardians or nearest relatives cannot be located. otherwise . neglected or abused by his parents. unless it is contrary to the best interest of the child. Children in Conflict with the Law Fifteen (15) Years Old and Below. otherwise known as the Death Penalty Law.If it has been determined that the child taken into custody is fifteen (15) years old or below. SEC. or if they refuse to take custody. cases of children fifteen (15) years old and below at the time of the commission of the crime shall immediately be dismissed and the child shall be referred to the appropriate local social welfare and development officer. executive orders and decrees. and all other laws.A. (a) the penalty of reclusion perpetua.
message. discussion. provincial or regional official of a Human Rights Commission or judge of the municipal. however. Provided. 27. . form. That surveillance. or with the use of any other suitable ways and means for that purpose. regional trial court. Accounts. the justices of the Court of Appeals designated as a special court to handle anti-terrorism cases after satisfying themselves of the existence of probable cause in a hearing called for that purpose that: (1) a person charged with or suspected of the crime of terrorism or.The provisions of Republic Act No. city. Sundays. 7. shall not refuse to allow such examination or to provide the desired information. association. That within three days after the detention the suspects. 1405 as amended. interception and recording of communications between lawyers and clients. 19. Person convicted of offenses punished with reclusion perpetua. placements. any communication. by reason of this Act. when so. suspects may not be detained for more than three days without the written approval of a municipal. The bank or financial institution concerned. 3.SEC. (2) of a judicially declared and outlawed terrorist organization. to the contrary notwithstanding. as amended.In the event of an actual or imminent terrorist attack. the arresting police or law enforcement personnel shall bring the person thus arrested to the residence of any of the officials mentioned above that is nearest the place where the accused was arrested. 4. the Sandiganbayan or a justice of the Court of Appeals nearest the place of the arrest. Period of Detention in the Event of an Actual or Imminent Terrorist Attack. upon a written order of the Court of Appeals. association. and Records. association. and records from a bank or financial institution. -The provisions of Republic Act No. shall be released immediately. SEC. and (b) gather or cause the gathering of any relevant information about such deposits. shall not be eligible for parole under Act No. doctors and patients. conversation. may authorize in writing any police or law enforcement officer and the members of his/her team duly authorized in writing by the anti-terrorism council to: (a) examine. or group of persons. or spoken or written words between members of a judicially declared and outlawed terrorist organization. conspiracy to commit terrorism. 4200 (Anti-Wire Tapping Law) to the contrary notwithstanding. kind or type of electronic or other surveillance equipment or intercepting and tracking devices. If the arrest is made during Saturdays. or group of persons. assets and records in a bank or financial institution. Judicial Authorization Required to Examine Bank Deposits. or whose sentences will be reduced to reclusion perpetua. trust accounts. intercept and record. whose connection with the terror attack or threat is not established. or cause the examination of. with the use of any mode. Surveillance of Suspects and Interception and Recording of Communications.A. Provided. placements. or group of persons or of any person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism. the deposits. SEC. trust accounts. Human Security Act of 2007 (R. journalists and their sources and confidential business correspondence shall not be authorized. ordered by and served with the written order of the Court of Appeals. 9372) SEC. listen to. and (3) of a member of such judicially declared and outlawed organization. . The Board of Pardons and Parole shall cause the publication at least one a week for three consecutive weeks in a newspaper of general circulation of the names of persons convicted of offenses punished with reclusion perpetua or life imprisonment by reason of this Act who are being considered or recommend for commutation or pardon. 221 . SEC. That nothing herein shall limit the power of the President to grant executive clemency under Section 19. assets. The approval in writing of any of the said officials shall be secured by the police or law enforcement personnel concerned within five days after the date of the detention of the persons concerned: Provided. Article VII of the Constitutions. otherwise known as the Indeterminate Sentence Law. holidays or after office hours. a police or law enforcement official and the members of his team may. 4180. however.
000.Bouncing Checks Law (B. 1. 22. 131714. 22) ADMINISTRATIVE CIRCULAR NO. and concluded that ―such would best serve the ends of criminal justice. modified the sentence imposed for violation of B. 664) the Supreme Court (Second Division) per Mr. 222 . In this case.P. they could simply have accepted the judgment of the trial court and applied for probation to evade a prison term. Blg. par. Blg. 12-2000 February 21.R. referred to and approved by the Supreme Court en banc. No. believing in all good faith.P. which fine shall in no case exceed P200. Justice V.000. Blg. Mendoza. applying Vaca also deleted the penalty of imprisonment and sentenced the drawer of the bounced check to the maximum of the fine allowed by B. v. Otherwise. The Court Administrator shall cause the immediate dissemination of this Administrative Circular to all courts and judges concerned. This Administrative Circular. 16 November 1998. 22 (An Act Penalizing the Making or Drawing and Issuance of a Check Without Sufficient Funds for Credit and for Other Purposes) imposes the penalty of imprisonment of not less than thirty (30) days but not more than one (1) year or a fine of not less than but not more than double the amount of the check. It would best serve the ends of criminal justice if in fixing the penalty within the range of discretion allowed by Section 1. 2001 RE : PENALTY FOR VIOLATION OF B.e. People of the Philippines (G. they brought this appeal. the same philosophy underlying the Indeterminate Sentence Law is observed. 130038. In the recent case of Rosa Lim v. Blg. In its decision in Eduardo Vaca. Blg. BLG. 18 September 2000).. the Supreme Court en banc. shall take effect upon its issuance. 298 SCRA 656. They are Filipino entrepreneurs who presumably contribute to the national economy. Apparently.P.P.P. Court of Appeals (G. that of redeeming valuable human material and preventing unnecessary deprivation f personal liberty and economic usefulness with due regard to the protection of the social order. P200. No. i. 22 Section 1 of B. although mistakenly that they had not committed a violation of B. or both such fine and imprisonment at the discretion of the court. 22 by deleting the penalty of imprisonment and imposing only the penalty of fine in an amount double the amount of the check.‖ All courts and judges concerned should henceforth take note of the foregoing policy of the Supreme Court on the matter of the imposition of penalties for violations of B. R. namely. 22. the Court said: Petitioners are first-time offenders. we believe that a fine in an amount equal to double the amount of the check involved is an appropriate penalty to impose on each of the petitioners.P. In justification thereof. 22.P.
Blg. Should the Judge decide that imprisonment is the more appropriate penalty. Blg. 00-11-01-SC at its session of 13 February 2001. 22. Blg. 298 SCRA 656) and Rosa Lim v. No. Administrative Circular 12-2000 does not remove imprisonment as an alternative penalty for violations of B. 12-2000 adopted the rulings in Eduardo Vaca v. and 2. Administrative Circular No. Administrative Circular No. In particular. The Judges concerned may. 223 . People of the Philippines (G. Neither does it defeat the legislative intent behind the law. The issuance of this Administrative Circular was authorized by the Court En Banc in A. Impose subsidiary imprisonment in the event that the accused who is found guilty of violating the provisions of B. It is. without mentioning whether subsidiary imprisonment could be resorted to in case of the accused's inability to pay the fine.P.P. queries have been made regarding the authority of Judges to: 1. 22.ADMINISTRATIVE CIRCULAR NO. 131714. the imposition of a fine alone should be considered as the more appropriate penalty. is unable to pay the fine which he is sentenced to pay considering that Administrative Circular No. Court of Appeals (G.P.P. Should only a fine be imposed and the accused be unable to pay the fine.R. work violence on the social order. 22. 12-2000 ON THE PENALTY FOR VIOLATION OF BATAS PAMBANSA BLG. Thus. 12-2000 is not to remove imprisonment as an alternative penalty. 18 September 2000) as a policy of the Supreme Court on the matter of the imposition of penalties for violations of B. No. Needless to say. The clear tenor and intention of Administrative Circular No. 12-2000 establishes a rule of preference in the application of the penal provisions of B. and taking into consideration the peculiar circumstances of each case.P. 130038. TO : ALL JUDGES SUBJECT : CLARIFICATION OF ADMINISTRATIVE CIRCULAR NO. there is no legal obstacle to the application of the Revised Penal Code provisions on subsidiary imprisonment. Impose the penalty of imprisonment for violations of Batas Pambansa Blg.P. or otherwise be contrary to the imperatives of justice. Clarification has been sought by concerned Judges and other parties regarding the operation of Administrative Circular 12-2000 issued on 21 November 2000. Blg. 3. 16 November 1998. determine whether the imposition of a fine alone would best serve the interests of justice or whether forbearing to impose imprisonment would depreciate the seriousness of the offense. 2001. OTHERWISE KNOWN AS THE BOUNCING CHECK LAW. Blg. 12-2000 ought not be deemed a hindrance.M. in the exercise of sound discretion. but to lay down a rule of preference in the application of the penalties provided for in B. Blg. 22.R. 22. the determination of whether the circumstances warrant the imposition of a fine alone rests solely upon the Judge. 22. 22 such that where the circumstances of both the offense and the offender clearly indicate good faith or a clear mistake of fact without taint of negligence. The pursuit of this purpose clearly does not foreclose the possibility of imprisonment for violations of B. No. 22. 13-2001 February 14. therefore. 2. understood that: 1.